A13427	----	A briefe remembrance of all the English monarchs with their raignes, deaths, and places of buriall : from the Normans Conquest, vnto Our Most Gratious Soueraigne / by Iohn Taylor. Taylor, John, 1580-1653. 1622 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A13427 STC 23738.5 ESTC S1145 21464697 ocm 21464697 23996 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A13427) Transcribed from: (Early English Books Online ; image set 23996) Images scanned from microfilm: (Early English books, 1475-1640 ; 1737:2) A briefe remembrance of all the English monarchs with their raignes, deaths, and places of buriall : from the Normans Conquest, vnto Our Most Gratious Soueraigne / by Iohn Taylor. Taylor, John, 1580-1653. 1 sheet ([3] p.). Printed by George Eld, London : 1622. Advertisement. "The sheet is divided into 4 quarters, the bottom 2 containing the title and verses on Prince Charles reimposed from [STC] 23738. The upper left has an engraving of the royal arms, while the upper right is cut away. It may have contained a full-length portrait of Prince Charles."--STC (2nd ed.). Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers. 2007-08 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HONI SOIT QVI MALY PENSE . A BRIEFE REMEMBRANCE OF ALL THE ENGLISH MONARCHS , VVith their raignes , deaths , and places of buriall : From the Normans Conquest , vnto our most gratious Soueraigne . By IOHN TAYLOR . LONDON , Printed by GEORGE ELD , 1622. The most Illustrious Prince CHARLES , Prince of Great Britaine and Ireland , Duke of Cornwall , Yorke , and Albany ; Earle of Ch●ster , and Knight of the most Noble Order of the Garter , &c. ILlustrious Off spring of most glorious Sten● , Our happy hope , our Royall CHARLES the great , Successiue H●y e to foure rich Diadems , With gifts of Grace and Learning ●●gh repleat . For thee th' Almighties aid I doe m●●●at , To guide and prosper thy proceedings still , That long thou maist suruiue a Prince compleat , To guard the good , and to subuert the ill . And when ( by Gods determin'd boundlesse will ) Thy gra●ious Father shall immortall be , Then let thy 〈◊〉 ( ●ike his ) the world fulfill , That thou maist ●oy in vs , and we in thee . And all true Britaines pray to God aboue , To match thy life and fortune with their loue , FINIS . 
A22655	----	By the King trustie and welbeloved, we greet you well : hauing obserued in the presidents and customes of former times, that the kings and queenes of this our realme vpon extraordinary occasions haue vsed either to resort to those contributions ... Charles I, King of England, 1600-1649. 1625 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A22655 STC 9175J.1 ESTC S124027 33142937 ocm 33142937 28182 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22655) Transcribed from: (Early English Books Online ; image set 28182) Images scanned from microfilm: (Early English books, 1475-1640 ; 1885:88) By the King trustie and welbeloved, we greet you well : hauing obserued in the presidents and customes of former times, that the kings and queenes of this our realme vpon extraordinary occasions haue vsed either to resort to those contributions ... Charles I, King of England, 1600-1649. 1 sheet ([1] p.). s.n., [London : 1625] Blank form for loans to the King. This copy filled in, with date changed in ms. to 1626. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Finance, Public -- Great Britain -- To 1688. Great Britain -- Kings and rulers -- Finance. Great Britain -- History -- Charles I, 1625-1649. Broadsides -- London (England) -- 17th century. 2008-08 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion BY THE KING . TRustie and welbeloved , We greet you well . Hauing obserued in the Presidents and customes of former times , That the Kings and Queenes of this our Realme vpon extraordinary occasions haue vsed either to resort to those contributions which arise from the generality of subjects , or to the private helpes of some well-affected in particular by way of loane ; In the former of which courses as We haue no doubt of the loue and affection of Our people when they shall againe assemble in Parliament , so for the present We are enforced to proceede in the latter course for supply of some portions of Treasure for divers publique services , which without manifold inconveniences to Vs and Our Kingdomes , cannot be deferred : And therefore this being the first time that We haue required any thing in this kind , We doubt not but that We shall receiue such a testimony of good affection from you ( amongst other of Our subjects ) and that with such alacrity and readines as may make the same so much the more acceptable , especially seeing We require but that of some , which few men would deny a friend , and haue a minde resolved to expose all Our earthly fortune for preservation of the generall ; The summe which We require of you by vertue of these presents is _____ which We doe promise in the name of Vs , our Heires and Successours to repay to you or your Assignes within eighteene moneths after the payment thereof vnto the Collector . The person that We haue appointed to collect , is _____ to whose hands we doe require you to send it within twelue dayes after you haue receiued this Privy Seale , which together with the Collectors acquittance , shal be sufficient warrant vnto the Officers of Our Receipt for the repayment thereof at the time limited . Giuen vnder our Privy Seale at _____ the _____ day of _____ in the first yeare of our raigne of England , Scotland , France , and Ireland . 1626. 
A25258	----	Chuse which you will, liberty or slavery: or, An impartial representation of the danger of being again subjected to a popish prince Character of a bigotted prince. Ames, Richard, d. 1693. 1692 Approx. 45 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A25258 Wing A2975AD ESTC R213413 99825801 99825801 30191 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25258) Transcribed from: (Early English Books Online ; image set 30191) Images scanned from microfilm: (Early English books, 1641-1700 ; 1803:31) Chuse which you will, liberty or slavery: or, An impartial representation of the danger of being again subjected to a popish prince Character of a bigotted prince. Ames, Richard, d. 1693. [4], 22, [2] p. printed for R. Stafford, London : 1692. By Richard Ames. The same sheets as "The character of a bigotted prince" with different title page. The "bigotted prince" is James II. With a half-title. With a final advertisement leaf. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Jacobites -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Great Britain -- Politics and government -- 1689-1702 -- Early works to 1800. 2005-03 TCP Assigned for keying and markup 2005-04 Aptara Keyed and coded from ProQuest page images 2005-05 Mona Logarbo Sampled and proofread 2005-05 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion Chuse which you will , Liberty or Slavery : OR , An Impartial Representation of the Danger of being again Subjected to A POPISH PRINCE . LONDON : Printed for R. Stafford , 1692. Chuse which you will , Liberty or Slavery ▪ &c. ADVERTISEMENT . THE JACOBITE CONVENTICLE . A Poem , is just Published . Price 6 d. THE CHARACTER OF A Bigotted Prince , &c. IT has been the great unhappiness of the Kingdom of England , for some Years last past , to be troubled with two very Different sort of Persons of quite contrary Tempers ; the one Party of so very Costive a Faith , that they could believe nothing , and the other of so easy a Belief that they could swallow every thing ; the first of these could not see the Sun of Truth in its brightest Meridian ; and even Mathematical Demonstration signified nothing in order to persuade them ; they could not ( or at least would not ) see their Native Country hurried to the very Jaws of Ruine , and imitated Nero in his stupidity , who could unconcernedly Tune his Harp when Rome was in Flames ; every thing about em seem'd pleasant and gay , they never suffered their minds to be rufled with anxious Thoughts for the Future , so they enjoy'd the present , and observ'd in the Literal ( but corrupted ) sence the command of our Saviour , to take no care for the Morrow ; the most surprizing Relations mov'd them not a jot , and they gave as equal a Credit to an Information or Confession upon Oath , as they would have allow'd to a Chapter in Rablais his History of Garagantua . The other were of a quite different stamp , they could credit the most improbable Stories , and the most far fetcht Lyes were with them esteem'd as Oracles ; they were ever at Coffee-houses or places of such resort , still listning to every idle Pamphleteer's Discourse , with more Attention than to a Sermon ; they could not see a Chimney on Fire , but immediately some Treachery they believ'd was in agitation ; and a Drunken Midnight Quarrel in the Streets Allarm'd their Thoughts into the Belief of a Massacre ; they had nothing in their Mouths but Plots and Designs ; and Holy Writ it self stood upon the same bottom in their Creed with some Witnesses Depositions ; their Imagination hag-rid with Suspicions and Fears , daily presented them with such frightful Scenes , that they were not only uneasy to themselves , but likewise to all about them , which render'd their Days unpleasant , and their Nights unquiet , insomuch that some of them durst not go to Bed for fear next Morning they should wake and find their Throats Cut. From these two very corrupt Humours in the late times , were produced those two odious Characters of Whigg and Tory , which were handed about so long in Jest , that they soon turn'd Earnest , and he was thought either a Knave or a Blockhead who would not suffer himself to be Dignified or Distinguished by one of those Titles . This Humour continued for some Years with great Violence and Disorder , during the latter end of the Reign of K. Charles the Second ; in all which time t is obvious whoever wore the Crown , a great Person then at Court manag'd Affairs at the Helm . That great Prince ( who had seen both the Extreams of a Prosperous and an Adverse Fortune ) by his Death Yeilded the Throne to his only Brother , in the beginning of whose Reign the two Discriminating Names before mention'd seem'd to have been utterly forgotten ; the former in seeing a Prince the Darling of their thoughts and wishes now become a Monarch , and the latter in their mistaken apprehensions of his unexpected Clemency in affording them Liberty of Conscience . The Storm was now abated , and Mens Tempers grew more compos'd , the Virtues of the Soveraign fill'd every Mouth with His Praises ; His Goodness , His Justice , and His Piety was the Theme of common Discourse , and nothing but the Name of James the Just heard in the most ordinary Conversations . It does not become a Subject too nicely to inquire into the Miscarriages of a Crown'd Head ; but this must be confest , very ill things were done , even to the Alteration of the fundamentals both of our Religion and Government ; and this must be own'd by every one whose Ears are not stopt by invincible Prejudice or Partiality . 'T would be vain labour to descend to particulars in a Discourse which is design'd to be of another Nature . The Jewish Feast of Tabernacles , tho' long time Abrogated by the coming of our Saviour , hinders not , nor forbids me to reflect on the Dangers I escap'd in the Wilderness . I may Lawfully , I think , select such Days in the Year to consider how Corporations were Regulated , Bishops Imprison'd , and other Irregularities committed in the late Reign , without assembling a Conventicle , and there in some lewd Harrang swell every Miscarriage to a prodigious greatness . The Actions of Princes ( Evil ones especially ) are their own proper Heralds , and every one of his Subjects carries some short Remarks of his Reign in their Memories . I do not believe that History can parallel the Joys and Triumphs of any Nation upon their Deliverance from Oppression , with the universal Triumphs of the English upon the never to be forgotten late Revolution ; they seem'd like Men kept a long time in Durance , and now were blest with the sweets of Liberty ; nay , even some of our present Murmerers themselves were most forwardly Active to shew their Zeal for the then Prince of Orange , who by his coming seem'd to open the Scene of a new World , and restore the English to the Poet's time of the Golden Age again . But like true Israelites , we long again for the Onions and Garlick of Egypt , and would fain be under our old Task-masters once more ; the Wound which was seemingly Heal'd , is now broke out again , and what we lost in the Antient Tory , we find reviv'd in the Modern Jacobite . We were told in a Prophetick Discourse some years since , what Treatment we were to expect if a Prince of the Romish Communion should settle upon the Throne ; the effects of which every one who is not wilfully Blind must acknowledg . Did he not drive Jehu-like in a full Carreer to Rome ? Were not his Emisaries in every great Town in England Regulating Corporations , and Poisoning the Minds of the People with Popish Doctrins ? Were not all places of Trust both Civil and Military fill'd up with those of the Romish Faith , or others whom he made use of for his own ends ? Were they not come to an excessive hight of Impudence both in their Sermons and Discourses ? Was not the Torrent swell'd so high that they hourly expected the Deluge ? Were not the Fences of the Law ( the Security of the Subject ) attempted to be broke down ? And Magna Charta , when in Opposition to the Princes will , be valued no more than a cancell'd Deed of Conveyance ; Was not an Embassador sent to Rome , and a Nuntio Entertain'd here ( to settle the Protestant Religion no doubt ) and a thousand other Practices committed as directly opposite to the Interest of the English Nation , as Fire is contrary to Water . Was all this done in a corner ? Were not their Actions as barefaced as the Sun ? And after all this , and the Deliverance we Enjoy , must we go into the House of Bondage again , and put on those Fetters we so lately shook off ? Let the seeming warmth of this Parenthesis be a little excus'd ; yet I must confess , such considerations as these are almost valid enough to justify a Passion , and make Anger appear no Fault ; for were the Roman Catholicks the only Asserters of the Rights of the late King James , the wonder would be little ; bodies often Sympathise at a distance , and they by several Obligations are bound to wish him Success ; and while they terminate in empty Hopes , let them still regale themselves with their airy Diet ; I pity the deluded Creatures , but cannot blame them , because they Act upon their own Principles ; and 't would be as unnatural for them not to Pray for his Return , as for a Cardinal , in hopes of the Popedom , to wish success to the Protestant Forces ; or a Calvinist to Drink a Health to Monsieur Catinat : But when a sort of Men guided , as they pretend , by the Dictates of an unerring Conscience , shall at this time of day openly declare for an exploded Interest , and these Protestants too , Men no ways leven'd with Popery , or any of her Doctrin's , but Zealous Maintainers of the Church of England , Devout and Pious , Charitable and Just , in the chief Employments of the Church , and the Brightest of the Golden Candlesticks : For these so openly to declare their Aversion to this Present Government , and their Fondness for the Last , is what does not a little elevate and surprise ( to use an Expression of Mr. Bays ) and comes almost as near to a Miracle as Transubstantiation . A late very Eminent Doctor of the Church , when the Prosecution was Violent against the Dissenters , wrote a most Learned Tract , concerning the Nicety of a Scrupulous Conscience ; wherein he very curiously Anatomizes the several Meanders and turnings of that invisible Operation , and Proves that Humour , Discontent and Interest do frequently wear the Livery of Conscience . How nice soever some may be in point of Religion , I wish these Gentlemen could acquit themselves from the forementioned Disguise with which they masquerade their Political Conscience . One would wonder what strange bewitching Sophistry the Church of Rome makes use of to blind the Understandings of her Votaries , to that degree , that they are continually mistaking their own Interest , and tamely to deliver up their Bodies , Souls , Reputation and Fortunes for the Reversion of Purgatory hereafter , only for the slight gratification of their humours here ; and I appeal to the greatest asserter of King James his Interest , if they can produce any Crown'd Head in England since the Conquest , who was half so Infatuated and Bigotted to the Interest of the See of Rome , as the late King : Indeed we Read of a Religious Edward , and a Pious , Devout Henry ; but our English History cannot afford us one Instance of a Prince who would Sacrifice his own Honour , his Kingdoms Safety , his Interest Abroad , and the Love of his Subjects at Home , meerly out of a mistaken Zeal to the Advancement of the Romish Faith ; the most solemn Oaths and Protestations esteem'd do more than words of Course ; and that which was held Sacred amongst all mankind , valued as nothing in competition with a Command from the Apostolick Chair : The old Lady at Rome with all her Wrinkles , has still some Charms to subdue great Princes ; and tho she has Abus'd , Depos'd , and Murther'd so many of her Lovers , yet she finds every day some new Admirers who are proud of her Charms ; a Practice which comes as near a Miracle , as any that Church in her Legends can boast of ; and I hope some passages in the late Reign are not so forgotten , but they may serve to justify the truth of the Assertion . Indeed for our amusement we were once told by a popular Pen , That allowing a King upon the English Throne , Principled for Arbitrary Government and Popery , yet he was Clog'd and Shackl'd with Popular and Protestant Laws , that if he had ne're so great a mind to 't , there was not a Subject in his Dominions would dare to serve him in his Design . How true this Assertion has since prov'd , let any indifferent person judge ; the late King himself both dar'd and found no small number of his Subjects as resolute as their Master , to alter the whole Frame of the English Government ; he found not Men only of his own Communion , but Men of all Religions , or rather of no Religion at all , whose desperate Fortunes push't 'em on to the most daring Enterprises ; ' his single Command added Life to their Motions ; and no wonder he found Tools to Work withal , when all the Obligations of Law were shrunk into the small compass of a Princes Will , and the musty Lines of Magna Charta dwindled to a Sic volo , sic jubeo . Several other artifices were us'd , to let us conceive a Popish Prince no such terrible Bugbear as common Fame represents him ; as that the Idolatrous Superstition of the Church of Rome was by a long series of time so worn off the minds of the People , and the Reformation so strongly Rooted , the Church of England so firmly Establish'd , the Romanists so detested for their Innovations in Doctrin and Absurdity in Ceremonies , &c. that it was impossible ever to fix Popery here : But , alas , 't was meer Delusion , we quickly saw through the Juggle , and the State-Quacks discover'd their Leigerdemain tricks too openly ; and had not Almighty God by a most surprising , and almost unparllel'd Providence Deliver'd us , I know not by this time , but that the Name Protestant had been as odious in England , as the Term of Hugonot is now in France ; and the Dominicans and Franciscans left their Cells in Lincolns-Inn-Fields and the Savoy , to have Sung their Regina Coelorum in all the Cathedrals in England . I am not Ignorant how some Persons do still Magnifie the Merits of the late King , as to his Private Virtues , as his being Descended of the Blood Royal , his Inviolable tenderness for his Friend , the exact Correspondency of his Mouth and Heart , his Courage against the Dutch , &c. but these were glimmering Rays of his , which shin'd upon some few only ; for when he came to his Meridian , they chang'd their Nature , and the scorching Beams of his Zeal for his Religion got the Ascenednt of all his other Accomplishments , which so clouded his discerning Faculties , that he mistook his Friends for his Enemies , and his Enemies for his Friends ; the most sage and deliberate Advices given him in opposition to beloved Jesuits , were censur'd as intrenchments upon his Prerogative , and the single Ipse Dixit of Father Peters , valued above the Joynt Council of the Realm ; the Colledges of Oxford and Cambridg esteem'd as Nurseries of Hereticks , and the President and Fellows of Magdelen Colledg most illegally Ejected from their just Rights , to receive upon the Foundation a sort of Sparks who were neither Schollars nor Gentlemen . Priviledg was swallow'd up by Prerogative , and Know I am your King , was a Supersedeas to all manner of humble Petitions and Remonstrances ; his Priests , those fatal Scorpions , he so hugg'd in his Bosom , were the chief Incendiaries , and contrary to our known Laws , swarm'd over from Doway and St. Omers , greedily gaping after Preferments , which they needed not have wanted , could his Will alone have placed them in Ecclesiastical Dignities ; they must be humbly content with Titular and Imaginary Bishopricks in Nubibus , till the stubbern Hereticks who Enjoy'd 'em , would at once part with their Reasons and their Livings together . But the greatest occasion of his Arbitrary Government , and the Aera from whence he may date all his late Misfortunes , was his Friendship with the French King , a right Son of Ishmael , whose Hand is lifted up against every Man's , and every Man 's against his ; a Man who has not one single Virtue to counterballance that prodigious stock of Vices which harbour in his Breast ; a Man who has built a Reputation upon the Ruins of his Neighbours Kingdoms ; and yet with this Gallick Nimrod did the Unnfortunate King James contract a mo●● lasting Alliance . I perceive I am stopt in my Assertion , and a little Dabler in Politicks challenges me to prove the Contract : 'T is true , we cannot shew the Original Deed , with their Signets and Names affixt to it ; but he must surely be Delivered over to Unbelief , who cannot credit such Circumstances as serve to clear the matter from all doubt or hesitation : Who Promoted the Marriage of the Duke with the Princess of Modena ? Who Defraid the Charges of her Journy , and Paid the greatest part of her Fortune , but the French King ? If this will not satisfie , pray examine Coleman's Letter to Sir William Throgmorton ; the Duke 's then agent at the French Court , where he tells him , That when the Duke comes to be Master of our Affairs , the King of France will have all reason to promise himself all that he can desire ; for according to the Dukes mind , the Interest of the King of England , the King of France , and his Own , are so closely bound up together , that 't is impossible to separate them one from the other , without the ruin of them all three ; but being joyned , they must notwithstanding all opposition , become Invincible : There are other Letters between Mr. Coleman and Father le Chaise which carry such undeniable Marks of a Contract between King James when Duke of York and Louis le Grand , that none but those Devested of common Sense , can have reason to doubt it : If this is not throughly convincing , let any one consult the Memorial given in by Monsieur d' Avaux , the French Embassador at the Hague , Sept. 9th 1688 , which if the curious Reader desire to see at length , I refer him to the 1st Vol. of Mercurius Reformatus , or the New Observator , No. 5. wherein the Ingenuous Author of that Paper , does prove it beyond all possibility of Contradiction . There are several other Arguments as unquestionable as the former , which for brevity's sake , I omit . And now 't is time to breath a while , and consider what are the those Regal Virtues , of which , if a Prince has not a share , he will hardly answer the expectations of his People , nor the ends of Government ; they are generally recon'd to be Piety , Prudence , Justice , and Valour ; but if his Piety degenerates into Biggottism , his Prudence into unsteady Timerousness , his Justice into acts of Cruelty and Severity , and his Valour into Rashness and Obstinacy ; what ever his Flatterers may say of him , yet certainly he is unfit to Govern. Let the Reader apply the Character where he pleases , and find a Crown'd Head whereon to fix these four Vices , by another name call'd Virtues . How much of the Comparison may fall to the late King's share , we know not ; but of his Bigottry , Zeal , ( or what other Name you please ) to his Religion , I believe by this time the World wants not to be convinc'd ; for if for Arguments sake we should allow ( what we cannot believe ) viz. a Merit in Religious Actions , certainly the late King has bid the fairest for Cononization , after his Death , of all the Crown'd Heads who have liv'd these two Centuries , who would Sacrifice three Kingdoms to the Capricios of a Priest ; but be it unto him according to his Faith ; and indeed it is but just he should expect a Crown in Heaven , if for its sake he has lost one on Earth . This in a few Lines we have given the Character of a Bigotted unfortunate Prince : But leaving him at his Devotions , let us a little return homewards , and observe a sort of Men who are so very Impatient under this Government , that their very Looks express their Discontent ; they are as uneasy , tho in the Sun-shine of Liberty , as the Slaves at Algeirs are with their Chains ; they cannot take an Oath to a Government that will Protect 'em , and nothing will ever satisfy them , but the Return of their Old Master . Good God! to what stupidity is Mankind arriv'd ? To dislike the most easy Government in the World , to Espouse that which is the most Barbarous in its Nature : A Government that in measures of Cruelty exceeds ev'n the most Savage Communities on the Coast of India ! A Government so debauch'd with false Religion , that considering the Interest of Mankind , and the ill usage it exposes Mens Persons and Fortunes to , it could be almost wisht that such a Religion had never been known in the World. In the name of Wonder , what would these Gentlemen have ? They were many of them ( at least many pretended to be ) uneasy under the last , when Popery and Arbitrary Government seem'd to come as an Armed Man ; and now they are almost beyond the possibility of such Fears , they Murmur : Of what Mercurial Temper are the English compos'd , that they can never be setled ? Popery was once their Terrour , and now that is remov'd , they fear they know not what ; like Men in Feavers , they are Restless in this Bed , and when remov'd to another , are as uneasy in that . I appeal to any of them , if the pressures that gawl their Shoulders , either in their Persons or Fortunes , was not brought upon themselves by their own perverse Obstinacy , for which Conscience is still the pretence ; the Government would have them Live easy , and enjoy their Estates and Preferments both Civil and Ecclesiastical , nor would molest them while quiet they might sit under their Vines and under their Fig-Trees , but they will not ; and if Men will turn themselves out of all , in compliance to a humour , who can help it ? It must be confest , that when once the Persons of Kings grow Contemptible , or little in the Eyes of their Subjects , their smallest Miscarriages are Magnified to that degree , as very often Terminates in their Ruin : But there is an Errour on the other hand , when the worst Actions of Princes shall be thought Innocent ( for according to some persons Creed , a King can do no wrong ) and the belief of Passive Obedience is carried so high , that even his Arbitrary Proceedings shall be winkt at : This is to exceed even the Arts of the Turkish Policy , who pay not a greater Veneration of their Grand Signiors , than some of our Zealots do to the late King , they solemnly drink his Health upon their Knees , and Pray for him in their Private Devotions affectionately ; nor do they forget him in the Publick Liturgies of the Church , for every one knows the secret Mystery of Bless and Protect the King our Governour . To be short , nothing will serve them but his Return , to Redeem them out of their imaginary Bondage ; for this they Wish , for this they Pray : Nay , the Jews themselves do not at this day with greater impatience and mistaken Zeal expect the coming of the Messias , than these kind of Men do for the Restauration of King James to his Crown and Dignity . Let us therefore a little examin what specious Pretences they have for such an Ambition ; and tho indeed they are as shy of Revealing the Secret , as they would be of a Fairy Treasure ; yet by some expressions occasionally dropt in Conversation , 't is not very hard to Conjecture some of them . As first , they are great pretenders to Moral Justice ; they say King James had a great deal of Wrong done him , and being their Soveraign Prince , they are Obliged to see him Righted . Are they so ? but who gave them the Commission ? Their Conscience , they will tell you , but their Conscience is so great a Riddle , that it will never be Expounded ; their Conscience would have King James in his Throne again , tho never so much Bloodshed and Miseries might ensue ; their fondness to his Person closes their Eyes and stops their Ears to all the Calamities their fellow Subjects must necessarily suffer by such a Revolution ; nay , this very Conscience of theirs , was one of the chief occasions which prompted the late King to commit those Arbitrary Actions in his shortliv'd Reign ; they told him he might do what he pleas'd , and for for his Actions , was accuntable to none but God , tho he should turn upside-down our Laws , Religion , and Liberties , and that we were tamely to submit our Necks to the Blow when ever he should Command it , in spite of Laws , tho it were in the Power of our Hands to save our selves by a just Defence . No wonder then upon such considerations as these , and prompted by the Native Cruelty of his own Religion , he permitted those unaccountable Actions to be committed ; and he is as much beholding to those fiery sticklers for the loss of his Crown , as he was to Father Pretre's , and other Jesuetick Advice . It is the Nature of Mankind to covet Liberty , and to have all things about them easy and free : Now I would ask these Gentlemen what greater Freedom they can expect , were their beloved Prince Reinstated in his Throne again , than what they now Enjoy ? Are not their Fortunes secur'd to them by the best Laws in the World ? Who goes about to Invade their Properties , or devest them of their Estates ? Yes , they Reply , some Bishops and other Ecclesiastical Persons have lost their Livings and Means of Subsistence , because : — Yes , the Because is very well known , because they cannot take the Oaths . It would have been wisht , that those Reverend Persons would have Inform'd the World with the Reasons of their Non-compliance , which might have regulated the unthinking minds of some of their Bigotted Followers , who out-do even the Votaries of the Church of Rome in an Implicit Faith ; and believe 't is not Lawful for them to Swear to the Government , because Dr. such a one refuses the Oaths . A very pretty conclusion ; but allowing it to be Conscience in their own acceptation , I believe when Humour , Prejudice , and some other niceties are separated from it , the thing call'd Conscience will appear in this Case but an Airy Notion . Some of the most Moderate of them , I confess , who are great Lovers of the late King , could wish him here again without the Assistance of the French ; but if their Faith was but as strong and powerful as their Hopes , they might certainly remove Mountains , and joyn the Alps to St. Michaels-Mount in Cornwall ; but these are Wishes as Improbable as they are Impossible to be Effected ; for you may as easily separate Heat from Fire , or Moisture from Water , as divide the Interests of King James , from those of Lewis the Fourteenth ; no , no , like Hippocrates his Twins they must Live and Dye together ; and therefore these fort of Men deserve rather our Pity than our Laughter . But there are another sort who will have their Old Master return again , though by never such indirect Means ; and are as glad when they hear of the Success of the French Arms , as they would be to Receive the News of the Death of some Decrepid Relation of theirs , who by his Exit , leaves them a plentiful Estate . And let Mons and Flanders , Savoy , and all the Confederate Countries be reduc'd to heaps of Ruins , so their Dear King may come to his Throne again , though he Enter'd the City of London with Luxemburgh and Boufflers at the Head of fifty Thousand French Dragoons . These are hopeful Protestants i'faith , blessed Reformers and Defenders of the Christian Church ; fresh Straw and a dark Chamber , cooling Purges , Leeches and Blood-letting are only fit for such as these ; they are Mad beyond the cure of Hellebore : But because it is necessary sometimes to Answer a Fool according to his Folly. Let us ask em what mighty Mischiefs have the Dukes of Savoy , and Bavaria , the Electors of Brandenburgh , Mentz , and Cologne , the Emperour of Germany , the King of Spain , and the Vnited Provinces ▪ done these Gentlemen , that they are so mighty Angry with them , and could wish the Sculls of all their Subjects were to Pave the way for King James his Accession to a forfeited Throne ? how came these involv'd in the Quarrel ? must King James his supposed Right , like Pharoah's Lean Kine , swallow up all other Princes Properties ? What has he done to be so much the Darling of Mankind , that other Mens Glories must be Ecclips'd to make his Glimmering Rays shine the Brighter ? Are great Britain , France and Ireland , to be the only Goshen , and must there be Darkness all over Europe besides ? These Men are a most strange sort of Political Predestinarians , who will allow no Peace nor Plenty to any but their Master and his Friends ; and it is hard to be determin'd , whether Folly or Madness has the greatest share in the Composition of their Hopes . All Pity and Humanity to their fellow Creatures is laid aside , and they seem to exceed the Indian Cannibals in acts of Cruelty , for how severe they may be to Strangers , they yet seldom Devour those of their own Tribe ; no Man that hears 'em Discourse , can certainly keep within the bounds of Moderation ; for who ever has the patience to hear their Arguments , will certainly expect better . Reasons in Bedlam , from the Lucida Intervalla of a Lunatick . The Love of ones Country , was ever by the most Polite Nations , esteem'd as the Characteristical mark of a Noble Soul , and Vincit Amor Patriae , seem'd to be Written in indelible Marks upon their Breasts ; for this the ancient Greeks and Romans were Famous , Remarkable to this purpose is the Relation Livy gives us of Curtius a Noble Roman , who when the Earth was sunk with a wide Gap in the Middle of the Forum , and it was told , it would not come together again , unles some Prime young Nobleman were put into it ; he to Deliver his Country , mounted on Horse-back , Rode into the Gaping Chasma : But we on the contrary , have a sort of Men amongst us , who would gladly see their Native Soyl over run with a knot of Villains , to gratifie one Mans Lust of Power on the one hand , and their unaccountable Humour on the other . I would fain ask them , supposing the possibility of such Success , whether the French Arms are so well bred , as to distinguish them from the rest of the English Sufferers by such a Revolution ( to which that of the Goths and Vandals in Italy , was but a civil Visit ) ? I fear like Tarpeia the Vestal Virgin , who Covenanted with the Sabines to betray the Capitol to them , for what they wore on their lest Arms ; but when they were Entred , into of Bracelets which she intended , they threw their Targets upon her , and Pressed her to Death ; so would these very Men Suffer in the Common Calamity ; for the French , as well as other Nations , agree in this , That though they Love the Treason , they Hate the Traytors . To Invert a little the Words of Mr. Dryden to the Reader , before his Poem of Absalom and Achitophel , Every Man is a Knave or an Ass on the Contrary Side ; and there 's a Treasury of Merits in Sam 's Coffee-House , as well as in Richard's at the Temple ; but the longest Chapter in Deuteronomy has not Curses enough for well-wishers to the French. It was the Speech of a Moderate Gentleman in the Long Parliament , when the Faction in the House of Commons was high against the Bishops , and the Establish'd Church , Gentlemen , ( says he ) let us see the Model of your New intended Superstructure , beforè you pull down the Old one . If we should ask some of these Fiery Bigots for the Interest of the late King , what Advantages they can propose to themselves by his Return ; unless like the unrewarded poor expecting Caviliers at the Restauration of King Charles the Second , they can be content to be Loyal and Starve ; for if the latter end of King James his imaginary Reign , should be of a piece with his first real beginning , he will still neglect his truest Friends , and stick close to Flattering Enemies . With so deep a Root has the Advice of a Chancellor , about the year 1660 , still remain'd in the Breasts of the Princes , Oblige your Enemies , and your Friends will be true to your Interest . But I have wandred from my Subject , by a long , but I hope , not very Impertinent Digression , and therefore ( asking my Reader 's Pardon ) return to my Subject , or rather the Applicatory part of it . We have seen the Character of the Prince and his Bigotted followers ; And as all things are best set off by Examples , let us now draw a Parallel or Landscape of the two different Complexions of the Reigns of King William and Queen Mary , and King James , and what we are unavoidably to Expect , should Almighty God in the Course of his Providence , for our Punishment , and the gratification of some restless Spirits , bring King James to his Throne again : Of the Ease and Tranquility of the first we are certain , but of the Horrour of the latter , the most terrible Ideas we can form of it in our Imaginations will come short of the Life ; for as the safety we now enjoy , almost exceeds our Hopes ; so the Stripes we must then feel , will transcend our very Fears . In the Person of the King , we have a Prince who is truly ( what the Historian says of Titus ) Humani generis Deliciae , who has centred in his Person all the Valour and Wisdom of his Ancestors : A Prince so truly Great , that those Lawrels which add such Lustre to anothers Brow , look but faintly on His , He needing no additional Varnish to set off His Native Goodness : A Prince , Born to be the Arbiter of Christendom , whom all the Crown'd Heads and States of Europe Adore as the only Person who must break the Jaws of the French Leviathan : Not the greatest Dangers which so terrify pusilanimous minds , can at all move Him , who caring not for an inactive inglorious Greatness , expos'd his Sacred Person to Rescue these ungrateful Kingdoms from the moct insupportable Tyranny of Arbitrary Power ; since which , in Ireland he gave most Invincible Proofs both of his Courage and Conduct ; the United Force of Europe could not concert their Measures against France , till his Presence Influenced their Counsels at the Hague , to which he went through a thousand Perils at Sea ; after a short Return , He is now gone again to Flanders to head that Prodigious Army : Victory seems to accompany him in Attempts of War , and his worst Enemies must own him to have the very Soul of Courage . In the Person of the Queen , we have a Second Queen Elizabeth ; but with respect to her Sacred Ashes , we may say , the Copy far exceeds the Original . Never did a Crown'd Lady shew more Conduct and Magnanimity than when the French Fleet was upon our Coast , when her Illustrious Husband was Fighting in Ireland : A Princess , whose thousand Charms make her fit to Rule , and Command even Respect from her very Enemies ( if any such there are ; ) her Majesty is Temper'd with so much Mildness , that at the same time , she neither invites nor forbids Access ; the Glory of her own Sex , and the Admiration of ours . Under these two Illustrious Persons is England , &c. at this time Govern'd by the most exact Laws that ever were made , the Prerogative of the King not Dominaring over the Priviledges of the People , the Church of England Flourishes , not withstanding the Peevishness of some of her Votaries ; and the Dissenters enjoy their Liberty of Conscience without Design : The great Blessing of this Nation , viz. the Parliament , does frequently Meet , and their Votes are Unanimous for Supplies for the Nations Good : The Taxes by them Levied are ( excepting by some few discontented Spirits ) willingly Paid , and the People satisfied that their Mony is Employ'd for the uses intended , not Lavishly and Unaccountably thrown away on Pensioners , &c. every Man enjoys his Plentiful or ▪ Competent Fortune , with all the freedom Imaginable ; no Tricks are made use of to Decoy us into Slavery ; from the very Prospect of which , the King designs by his utmost Endeavours to free us by appearing himself in Person at the Head of the Confederate Army , in opposition to the Power of France : He designing to Rescue the Glory of the English Nation from that Stupidity , the Luxury , and Effeminacy of the late Reigns had obscur'd it with ; and we have nothing to render us unhappy but our own groundless Fears and Jealousies , in which unaccountable Humour , if we still persist , like the Seditious amongst the Jews , we shall do our selves more Mischief within the Walls , than our Enemies could possibly do without , when the Glory of their City and Nation yeilded to the Arms of the Romans , who could never have Conquered them , had not their Murmurers within done more Execution to themselves , than all Battering Rams of Titus could possibly Effect against their Walls . But now to shew the Reverse of the Medal . If King Jame's return to re-assume his justly Forfeited Right , as no Human Reason can possibly suppose him to come in without the Assistance of the French , let us consider what a Field of Blood will our Country be ; he coming in like a Conqueror , will make us quickly Feel the Difference between the Easy Government we now Live under , and the Insupportable Tyranny we must then endure ; his imaginary Zeal for the Defence of the Protestant Religion , being long since quench't by the Affronts he pretends to have suffered by those of that Communion ; then will Rome Erect her Standard in Defiance to all the Methods of the Reformation , and Popery become the standing Religion of the Nation . It cannot be suppos'd that the Instructions he has Receiv'd from his great Patrone Lewis , will easily be forgot ; and he who when in a private Capacity would ever hardly forgive one whom he suppos'd had done him Wrong , will now be hardly brought to forget a National Indignity ; he will never certainly listen to any Overtures of Capitulation ; and 't is impossible to believe that things can be ever Accomodated between an Incens'd Prince , and ( as he supposes ) a Rebellious People . He has not so long Breath'd in the Air of France , as not to learn its Tyrannical and Arbitrary Maxims ; and the ( as he thinks ) Meritorious Zeal of Propagating his own Religion , will let him stick at nothing , how Arbitrary soever , to Establish it . We may indeed imagin him to be of a Merciful Nature , and that all shall be forgotten as if never done , and that an Act of Indemnity will make all even again ; but those who are so blinded as to believe these fair Promises , et them but look into an Act of his own , Dated at his Residence in Dublin . And in a Proclamation of his , to his Pretended Subjects in Scotland , May 4. 1689. He is most Graciously Pleas'd , not only to Incourage his Friends to be Destoryers of Mankind , but likewise offers them Pardons for such Inhuman Cruelties : Telling them in the said Proclamation , 'T is his Pleasure they should Rise in Arms , and Assault and Destory , and what ever Blood-shed and Slaughter , Mutilations or Fire-raisings should be done to these Rebels , ( as he calls the Scotch ) his Proclamation should be their sufficient Warrant for such Acts. If this is his Kindness for the Scotch Nation , can we think the English will more civilly be Treated ? No , no , let us no longer Amuse our selves with Fancies of his Clemency and Kindness . We live under a Government where we may be Hapy if we please , and nothing but our Discontent can render us Miserable ; for as certain as there is a Providence , if ever such a Fatal Revolution should happen , not Savoy , nor Piedmont , nor all the places where the Arms of the French have Ravag'd , were ever such Scenes of Blood and Confusion as England will be . We are now in our Crisis , and a few Months will , in all probability , determine the fate of Europe in General , and of our own Country in particular ; and upon the Success of the Confederate Army , Headed by our most Victorious Prince , depends the Liberty or Slavery of the most Civiliz'd part of the World. Postscript . AT the conclusion of this Discourse , I imagin some Smiling Reader finding fault , and by his Looks would seem to tell me the Landskips are as ill Drawn as they are ill Design'd , and that the Lyon is not so fierce as he is Painted , nor will the Return of a Prince of the Romish Commifon be so Terrible to his Protestant Subjects as I would seem to represent . But in Answer to this , I must acquaint the Gentleman , that I fear I have communited an Error on the other Hand , and instead of adding fierce Colours to make the Piece seem Tremendous : I have used such faint shadows as do not heighten the Picture . Partiality and Prejudice are very ill Spectacles , and but too often cause a false Medium . I have seen a Picture , which if one lookt Obliquely upon , on the left Hand were represented the Heads of three fair Ladies ; but if you chang'd the Position of your Body , and stood on the right Hand of the Design , the very same Picture shew'd you a Monkey and two Parrots . I know not on which hand my Reader 's Judgment stands , which valued Faculty of ours we find to be very often deluded ; for if I may apply a place in Holy Writ , very pertinent to this purpose , only exchanging the Case of the Father for that of the Son ; they who form such terrible Ideas of the Imaginary Severities they feel under the present Reign , where they are only beaten with Rods , will at the Return of their Idoliz'd Prince , be Chastis'd with Scorpions . FINIS . Books Printed for R. Baldwin . NEW Predictions of the Fate of all the Princes and States in the World. price 4. Sodom Fair : Or the Market of the Man of Sin. Containing , a true Account of the Prices of the Pope's Pardons and Dispensations ; being a Treatise very useful and necessary for all young English Papists , who intend to take Holy Orders , or Travel through Italy ; and all such as intend to be cheated both out of their Souls and Mony. To which is added the History of ADULTERY , as it is now at Rome by Law Established ; with the Life of Clement the Sixth , and Blasphemous Bull which he Published for the year of Jubile , 1350. A Journal of the late Motions and Actions of the Confederate Forces against the French , in the United Provinces , and the Spanish Netherlands . With curious Remarks on the Situation , Strength and Rarities of the most considerable Cities , Towns and Fortifications in those Countries . Together with an exact List of the Army . The Present State of Christendom consider'd , in nine Dialogues , between I. The present Pope Alexander the VIII . and Lewis the XIV . II. The Great Duke of Tuscany , and the Duke of Savoy . III. King James the Second , and the Marescal de la Feuillade . IV. The Duke of Lorrain , and the Duke of Schomberg . V. The Duke of Lorrain , and the Elector Platine . VI. Louis the XIV . and the Marquis de Louvois . VII . The Advoyer of Berne , and the Chief Syndic of Geneva . VIII . Cardinal Ottoboni , and the Duke de Chaulnes . IX . The young Prince Abafti , and Count Teckly . 
A17119	----	Daphnis polystephanos An eclog treating of crownes, and of garlandes, and to whom of right they appertaine. Addressed, and consecrated to the Kings Maiestie. By G.B. Knight. Buck, George, Sir, d. 1623. 1605 Approx. 81 KB of XML-encoded text transcribed from 33 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A17119 STC 3996 ESTC S104803 99840534 99840534 5046 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A17119) Transcribed from: (Early English Books Online ; image set 5046) Images scanned from microfilm: (Early English books, 1475-1640 ; 1129:18) Daphnis polystephanos An eclog treating of crownes, and of garlandes, and to whom of right they appertaine. Addressed, and consecrated to the Kings Maiestie. By G.B. Knight. Buck, George, Sir, d. 1623. I. W. S., artist. Woutneel, Ioan, engraver. [56] p., folded plate Printed by G. Eld for Thomas Adams, At London : 1605. Signed on A2v: Georgius Bucus. In verse. First two words of title in Greek characters. Signatures: A-G⁴. The folding engraved genealogical table is signed: I.W.S. delineauit. Ioan. Woutneel excud. 1602. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Great Britain -- Kings and rulers -- Early works to 1800. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-05 Mona Logarbo Sampled and proofread 2004-05 Mona Logarbo Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion ΔΑΦΝΙΣ ΠΟΛΥΣΤΕΦΑΝΟΣ . An Eclog treating Of Crownes , and of Garlandes , and to whom of right they appertaine . Addressed , and consecrated to the Kings Maiestie . By G. B. Knight . Quod maximum , & optimum esse dicitur , oportet esse Vnum . ex Arist. Top. li. 7. AT LONDON Printed by G. Eld for Thomas Adams . 1605. blazon or coat of arms QVOD DEVS CONIVNXIT , HOMO NON SEPARET . Math. 19. Quatuor hasce cruces clypeo coniunxit in vno ( Quas ergò nemo separet ) ipse Deus . INVICTO , PACIF . FOEL . AVG. CHRISTIANISS . FIDEI DEFENSORI , IACOBO D. G. MAGNAE BRITANNIAE , GALLIAE , & HIBERNIAE REGI , DOMINO SVO CLEMENTISS . HAEC STEMMATA , & DIADEMATA , I. HAS GENEALOGIAE AVG. ET IMPERII BRITANNICI LEVES ADVMBRATIONES , GEORGIVS BVCVS E Q. R. S P. C. L. M. D. D. MOST SACRED SOVERAIGN : I haue aduentured to present your Maiestie , not with a faire pourtrait , but with a slight shadow of your imperiall greatnesse , Which I began long since , but then the end was in nubibus , or in abeiance ( as our Lawyers say ) for I could not finish it ( according to my proiect ) vntill such time as he , which should be sent , Expectatio gentium ( Britannicatū ) should come , who was ordained from aboue to weare all these crownes and garlands , and to reduce this whole Isle ( with the hereditary Kingdomes , and Prouinces thereof ) to one monarchie , and entire Empire , as they had been in the times of diuers ancient . British Saxon , and some English kings of the Norman , or Danish race , as it shall hereafter appeare . The foundation of this great worke hath bin layd , by many Kings your Maiesties ancestors ( I meane by alliance , not by armes for those plots were frustrate ) but as lately by King Henry the eight when he mediated the mariage of his sonne the Prince of England with the Princesse of Scotland your Maiesties mother : as also in this maner many ages before the good king Malcolm (1) Cammoir proiected this worke ( and that with happy successe ) by the mariage of Margaret daughter of the Saxon Prince Edward Exul , heire of the great Edgar ) out of which royall bride-bed your Maiestie is issued . Likewise Alexander the first maried Sibilla eldest daughter of William Duke of Normandy king of England . The first Dauid also king of Scotland maried Matilda daughter of the Earle Waldeof and of Iudith neece to the said King William : King Alexander the second maried Ioan Plantagenet daughter of King Iohn . King Alexander the third maried Margaret Plantagenet daughter of King Henry the third . King Dauid the second maried Ioan Plantagenet daughter of King Edward the second . King Iames the first maried Ioane daughter of the Duke of Somerset Grandchild to King Edward the third . King Iames the fourth your Maiesties great Grandfather maried Margaret eldest daughter of King Henry the seauenth , and of Queene Elizabeth Plantagenet daughter and heire of King Edward the fourth . But these Princes maried onely but daughters of England ; but You ( most sacred Prince ) the great IACOB , enthronized vpon the Patriarke Iacobs fatall stone , and vpon Saint Iacobs Festiuall espoused solemnely faire England her selfe . And all the former matches were but preparatiues , & ( as I said ) foundations of this great worke , which your Maiesty ( whom I may now call an English man , as well for being descended from so many English Princes , as also for that your Maiesties Father was an English man , and your mother Princesse , and heire of England ) hath by diuine preordinance now finished and accomplished in plenitudine temporum ; and that by iust right , for in your sacred person are iointly met , and coalesced , the royall blouds , interests , and titles not onely of all Great Britaine , but also of France and Ireland . Which to prooue will not require much search , nor study , for they are euident , and I will for breuities sake but thus point at them . For some of them namely Scotland ( the Crowne and Scepter whereof ( missa per innumeros auos ) your Maiestie hath borne from your infancy ) all men know and acknowledge your ancient royall right , and estate therein . And your Maiesties title to Ireland will be manifest in your Genealogie herein deduced from that great Plantagenet King Henry the second , the first English Prince Lord of Ireland , & from his heroycall posteritie ( as well Marches as others ) who haue been continually seysed thereof vntill this day . * So likewise your Maiesties tytle to the Crowne of France sheweth it selfe clearly in the ancient possessions of these royall Plantagenets here presented , your Maiesties Progenitors first Dukes of Normandy , then of Aquitaine , Earles of Poictow , of Aniow , of Maine , of Touraine , and of Britaine , and after of Angolesme : And lastly Kinges of all France in the right of Isabell or Elizabeth sole daughter , and heyre of Philip le bel King of France mother of King Edward the third , who made a most renowned and happy entry vpon that his royall inheritance : & hee his great heires were not onely titulare Lords , but also actuall possessors of France many yeares , and yet to this day in token of that ancient right ) haue seysine of a (1) part of that kingdome , notwithstanding that counterfeit hethenish law Salica maintained by all the power of France many ages against them . * Your Maiesties tytle , and descent from the ancient kings of great Britaine ( and which is least knowne ) may thus redily be deriued . The Welsh Bardes , as also our best heralds record that (1) Rhese ap-Gruffith ( surnamed Atgluid ) prince of Southwales about the yeere of our Lord 1196. ( and issued from Cadwallader the last British King ) had a daughter named (2) Gwenlhian maried to (3) Edneuet Vachan Lord of Bransencle , and chiefe Iustice of Wales , and bare to him a sonne called (4) Grono , this Grono had (5) Tedor , Tedor had Grono , Grono had Tedor , Tedor had (6) Meredith , Meredith had Owen . Which Owen maried Catherine ( widow of king Henry the fift , and daughter of the French king Charles the sixt ) by whom hee had Edmond creaeted Earle of Richmond by King Henry the sixt , his brother vterine . And this Edmond was father of King Henry the seauenth , who was father of Queene Margaret your Maiesties great granmother , &c. But some deriue your Maiesties British race from a namelesse , & a good namelesse daughter of Gruffith ap Leolhin ( a Prince ●f Wales about the yeere 1051 ) vpon whom ( as they pretend ) Fleanchus thane , or Steward of Abria flying into Wales for suc●our ) begat vnlawfully a sonne , who should be ancester to all the ●hiefe Stewards to this day : But this being not acknowledged by ●he best Scotish Historiographers , & the thing not honourable , I may well pretermit it . Lastly , to finish all these your Maiesties natiue titles to these many Diadems mentioned in this Poësy , I haue inserted a Genealogy of the Saxon Kings drawne from the first vniter of the heptarchye , and the Godfather of Anglia King Egbert vnto Matilda the Empresse , daughter and heyre of King Henry the first , and mother of this great Plantagenet King Henry the second , ancester of all the English Kings vntill this day . And from him this poesy is a continued pedegree vnto Queene Elizabeth the first , and from Her to your Maiesty , and to your Maiesties most excellent Sonne Henry , The Prince of Great Britaine . Now it resteth that I answere , or excuse some faults found in this Poesy . for some note that I am too long in my induction , notwithstanding I propound in the first stanze . Others reproue me because I began no higher . Others charge me that I haue concealed , and coloured the faultes of bad Princes . ANGLIAE REGVM PROSAPIA A TEMPORE QVO ANGLIA APPELLARI CAEPIT , NIMIRVM AB EGBERTO REGE PRIMO EIVSDEM MONARCHA ▪ VSQVE AD HENRICVM 〈◊〉 〈◊〉 . royal genealogical tree I. W. S. delineauit . But to conclude shortly , whatsoeuer be the faults of the booke , or of the Buc I most humbly submit them to your Maiesties most gracious censure , who ( next to the omnipotent Lord of Lords ) are vitae , & necis Arbiter , and not onely the supreme , and highest iudge but ( which is best ) the best iudge . i. the most wise , the most learned , and the most clement iudge . And so therefore eftsoones prostrating my selfe , my small talent , ( or rather mites ) and all at your sacred feete ; not seeking either praise , or thankes , nor so much as one branch or leafe of any of these your many Garlands , but with the old Poet Veniam pro laude peto laudatus abundé Si fastiditus non tibi Daphnis ero . And with the new inauguratorie hymne still pray to the Almighty that . Your happy dayes may not be done , Till the great comming of his Sonne . And that your health , your ioyes , your peace , May as your raigne , and yeres increase . AMEN . THE PREFACE , OR Argument of this Poësy . DAmaetas hauing long bin a woodman had obserued the natures , & propertyes of many trees , and apprehended there was some mistery , and some peculiar maiesticall matter in the Genest , more then he could discipher . Whereupon hee went to Silenus a man of great learning and authoritie ( for he was held a Pro●het ) and exposeth to him his conceit , and prayeth earnestly his ayde . Silenus entertaineth him curteously , and is very willing , ( and by the meanes of a late accident ) well able to rese●ue him : for ( saith he ) : there was a complaint mad●●ately to our great God Apollo against certaine vnworthy fellowes , which presumptuously tooke garlands of his ancient tree the Laurell without leaue . Whereat he hauing indignation , determined to take order for that , and such like abuses . And foorthwith calling the Muses to counsell in Helicon established ordinances for the due wearing of that & of al other Ghirlands . And because the ancient Ghirlands were abused , & prophaned with common and vnworthy vse , hee made choice of a new tree ( viz ) the Genest , and instituted Ghirlands thereof , and gaue to them praerogatiues aboue the rest , & appropriated them to one imperial family seated in (i) Leuceessa : & with expresse defence that none else should weare them . And that not all the Princes of this family should haue Garlands hereof , but to some of them better deseruing should be permitted a chappelet , and to the rest but a branch , or Plante of the Genest . But the chiefe Garland of Genest complete and adorned with diuers sacred flowers should be reserued for his fauorite Daphnis ( the most puissant , and the most vertuous , and ( in briefe ) the most true heroycall Prince of that imperiall race ) ordained long-since by the highest aeternall wisedome to reconcile the olde , and vnnaturall fewd betweene Locrine , and Albanact , to reduce all the Britannik Isles into one entyre monarchy , to restore the ancient vnity of religion , lawes , and language in this great Iland , and finally to extend the limit of his Empyre as farre , as they were in the times of Albion , of Brutus , of Artur , of Edgar , or of any other our monarkes , whose dominions were largest . Thus farre Apollo's decree . After this Silenus declareth more particularly , who , and what these royall Worthyes were , which should beare , or weare Chappelets , or Garlāds of the Genest tree , and lastly the Garland complete . Beginning with that great Henry sonne of the Empresse Matilda ( the first King of this Iland surnamed Plantagenet ) and so deducing a genealogy from him through his royall posterity to our present sacred Soueraign IAMES , his now next heire , and nephew , whom the Prophet herein styleth the true Polystephanus , the Peace-maker , King Arturs successor , great Aedgars heire , high Seneschall of Albion , the great Briton &c. And crowneth his head with this imperiall Polyanthine Ghirland , and his raigne with all the blessings of peace , victory , long life , a rare fayre wife , hopefull Princely issue , and a perpetuall succession of their posterity in the Empire of great Britain . And now to that obiection touched in the dedicatory , and made because I deriue not this title , and genealogy from some of the ancient monarkes of this Isle Britons , or Saxons , or at the least from King William the Conquerour , I must answere that to haue chosen any of the most ancient Kings , I must haue looked so farre backe , as I should not onely haue made this Eclog ouer-long , and tedious , but also haue lost my selfe in the cloudes of obscurity by soring too high amongst them ( as they know , which know what our ancient storyes bee . ) But as for William the Conquerour there be many reasons why I should not begin with him ( although I goe as neere him , as his sonnes daughter ) for firstly , he was a bastard , ( and yet not that of the blood royall of England ) hauing no title to the Crowne but violence , and his sword as he confessed , and thereof had remorse of conscience at his death . Secondly he was neuer possessed of the one halfe of Britain , for hee had neither Scotland , nor Wales , and in Ireland he not one foote . Furthermore Girard Du-Haillan and other French antiquaries according to their Salike heraldry say that his lyne ended in his sonne King Henry the first : for all they holde as a maxime , ( La famille se continué es masles , et se finist aux filles . ) And yet Du-Haillan ( notwithstāding , or forgetting this ) affirmeth in an other place , that the race of the Kings of England issued out of the house of Aniow ( viz ) from our great Henry , and his ancesters ) continueth vntill this day . From whom there be many reasons on the other side , why I should deduce the genealogy of our Kings passed , and of our present Soueraigne Lord King IAMES : for this great Henry was not onely rightfull heire , and King of England , but also the greatest King ( of whom there is any credible story extant ) which hath been in this Isle of Britain since the time of the Romaine Emperous ( who were reputed Lords of all the world ) and which thus I demonstrate , and briefly . He was King of England in the right of his mother Matilda the Empresse , daughter and heire to King Henry the first , by Matilda Bona daughter of King Malcolm Canmoir , and of Margaret his wife , who was the daughter of Edward Exul the Saxon Prince the sonne of Edmond Ironside King of England Anno Dom. 1016. This Edmond was sonne and heyre to King Etheldred , who in ancient charters is written Totius Britanniae rex ( quod nota ) because a late Anonymus in a little booke dedicated to his Maiesty , affirmeth that neuer any Prince was king of this whole Isle vntill now : But he is deceiued for ( besides Constantius Chlorus and his sonne our countriman Constantine the great , Constans , Aurelius Ambrosius , Vter , & others ( which were Lords of all great Britaine ) Edgar also the father of this King Etheldred was absolute Monarke of this Isleland , and so puissant in forces both by land , and sea , as hee was surnamed the Great , and was stiled Totius Albionis basileus , & Anglici orbis basileus ( as G. Malmesburiensis & Florentius Wigorniensis witnesse . Whereupon ( to note also by the way ) some thinke that the word Anglia was sometimes vsed for the whole Isle , and which Ion Lidgate disertly asseuereth in King Arthurs complaint in these words , Great Britain now called England : so likewise doth Geffrey Chaucer in the Franklins tale ( viz. ) In England , that Clepid was Britain : And Ranulfus Cestrensis a grauer Authour peremptorily affirmeth that King Egbert after his conquests ordained , and commaunded that the Saxons , and Iutes should bee called Angles , and that Britain should bee called England : But I leaue this to be discussed by antiquaryes . And to returne to the ancient Saxon Kings progenitors of this Henry , and also possessors of this whole Isle ( as I will shew for the better confirmation of that , which I haue said against the opinion of this Anonymus . ) In diuers ancient records and charters of donations of these kings to Monasteries , and to Cathedrall Churches , and in other ancient monuments , I haue obserued these seuerall stiles , * Ego Athelstanus rex Anglorum anno Dominicae incarnationis D. CCCCXXX . r●gni verò mihi gratis commissi VI. Indictione III. * Epactae xviii . Concurrente iiii . Nonis mensis Aprilis iii. Lunae rotigerae vaga , tionis i. per eiusdem omnipatrantis dextram totius BRITANNIAE regium solio sublimatus &c. Ego Eadmundus rex Anglorum , ceterarumque gentium in circuitu persistentium Gubernator et rector An. Dom. 945. Ego Edredus rex terrenus sub imperiali potentiaregu seculorum , aeternique principis , magnae Britanniae temporale gerens imperium , &c. An. Dom. 948. Ego Edgarus totius Albronis monarcha &c. An. Dom. 966. And in another , Ego Edgarus totius Albionis , finitimorumque regum basileus . An. Dom. 974. These three last stiles I finde in the history of Ingulfus Abbot of Croyland transcribed by him from the Charters of that Monastery . And the other two before going , are copyed out of the records of the Cathedrall Church of Chicester , as also these three next following . Ego Eadwis a) basileon totius Albionis &c. An. Dom. D. CCCC.LVI . imperii autem 1. An in another , Ego Eadwin rex gentium Albionis &c. And in the date of a charter of Bishop Brighthelmus , Anno 2. imperii Eadwin totius Albionis insulae imperantis . I finde also ( in Asser Meneuensis ) Aelured or Aelfred a more ancient Saxon King then these written Omnium Britān . insulae Christianorum rector . An. Dom. 872. And Edward ( surnamed Pius , and Confessor ) was from the yeare of our Lord 1050. King of this whole Isle ( if there be any credite to be giuen to our stories ) and was stiled rex Albionis , as Ion Twine auoweth out of his charters giuen to the Abby of Abingdon . And that same King Etheldred before cited , was stiled in the charters of Glastonbury , Aetheldred Anglicae nationis , caeterarumque gentium triniatim intra ambitum Britān . insulae degentium &c. basileus , and another K. in old inscription , Britanniae Anax : and many such more , which were too long to recite . And some kings of the Norman race ( which is more rare ) haue been so stiled For the Lord Bishop of Bristow voucheth a coine of King Ion , wherein is stamped Ioānes rex Britonum . but that coine which his Lordship shewed to me had the armes of little Britain vpon the reuerse : but his grandchild King Edward the firsty & after him king Edward the third were greater monarkes here then he . But this great Henry Plantagenets Empire extended beyond the bounds of the Britannish world ; and his greatnes so farre exceeded all other kings his ancesters , that he was stiled Maximus Britanniae regum , as I will shew by and by , and by good right : for besides this his great Britain and Ireland , he was possessed of a great part of France , and by these titles . He was Duke of Normandy by right of inheritance from his granfather King Henry the first Duke of Normandy &c. He was Duke of Aquitain ( that is ) Gascoin , and Guien ( sometimes a kingdome ) and Earle of Poictow by the mariage of Queene Elianor daughter & heire of William Duke of Aquitain and Earle of Poictow ( whose wife Ieanne was daughter of Dauid king of Scots ) he was Earle of Aniow ( seminary of kings ) of Touraine , and of Maine ( his natiue country ) by right of enheritance from his father Geoffrey Le Bel Earle of them all . He swayed all in litle Britain ; which authority he acquired partly by the mariage of Constance daughter and heire of Conan Earle of Britain with his third sonne Geffrey Earle of Richmont , but chiefly by his swoord : as it appeareth by Gu : Neuburgensis , who then liued , and thus writeth . Cum a potentioribus in Britannia inferiores premerentur , regis Anglorum auxilium expetentes , eius seditioni spontaneè subdiderunt &c. ipsosque potentes viribus subegit , sicque in breni tota Britannia potitus est . He also conquered Auuergne : and thus much for his possessions in France : and now to Ireland . He twise inuaded that kingdome , and by armes seconded with the letters of fauour of his good friend Pope Adrian ( an Englishman ) hee brought the discording Princes there , to submit theyr differents and their tytles to him , and so obtained the possession of the Isle . And as for those parts , & partyes in this our great Britain ( viz ) of Engl. Scotl. and Wales ( which did not acknowledge his souerainty ) hee reduced them in good time to the ancient subiection , and obedience , which they owed to the British , & Saxon kings his progenitors . The Welshmē in their stories acknowledge this , & in their loyalty & dueties ( as the English ) liuely expresse it euery day . But for the other ( if any doubt be made ) G. Neuburgensis ( veridicus autor as Polidore Vergill obserueth him ) will thus satisfie him , speaking of this K. Henry , & of Dauid K. of Scots his prisoner , being then both at Yorke . Occurrit eirex Scotorum cum vniuersis regni nobilibus , qui omnes in ecclesia beatissimi apostolorum principis , regi Angliae , tanquam principali domino hominium cum ligeantia ( id est ) solemni cautione standi cum eo , et pro eo contra omnes homines ( rege proprio praecipiente ) fecerunt . Ipse quoque rex Scotorum coram vniuersa multitudine nobilium vtriusque regni regem Anglorum modis solemnibus dominum suum , seque hominem et fidelem eius declarauit , eique tria praecipua regni sui munimina ( scilicet Rokesburk , Berwik , et Castellum puellarum loco obsidum tradidit &c. But Ion Bishop of Chartres maketh his Empyre yet much greater , for hee boundeth it to the Southward with Spaine , and to the Northward with the Isles of Orkney , and mought as well ( if it had pleased him ) with the North pole ( as Giraldus Cambrensis did ) and then styleth him Maximum Britanniae regum 1. the greatest of the Kings of great Britaine vt supra : And Giraldus goeth further , for he compareth him with the great Alexander , and ascribeth ( as some interpret ) the first discouery of the West Indies ( which was made by Madok , a yonger son of Owin Gwineth Prince of Northwales An. Dom. 1170. ) to this King , because it was done by his auspices : as we may as well also attribute to him the redeeming of our great Artur from the iniurious imputation of a fabulous Heros , because he caused his monument to be sought out ( which was sunk deep within the ground in the Isle of Aualon ) by the occasion of a Bardes song , which he heard in Pēbroke . But I will set downe Giraldus his owne words written in maner of a Panegyrick to this king , and in my conceit elegant enough for those times . Certant cum orbe terrarum victoriae vestrae a Pyrenaeis enim montibus vsque in occiduos , et extremos Borealis Oceani fines Alexander noster occidentalis brachium extendisti . Quantum igitur his in partibus natura terras , tantum et victorias extulisti si excursuum tuorum metae quaerantur , prius deerit orbis , quam aderit finis . Animoso enim pectori cessare possunt terrae , cessare nesciunt victoriae , non deesse poterunt triumphi , sed materia triumphandi . Qualiter titulis vestris , et triumphis Hibernicus accesserit orbis ? Quanta , et quàm laudabili virtute Occani secreta , et occulta naturae deposita transpentraueris & c ? Qualiter fulguranti aduentus vestri lumine attoniti occidentales reguli tanquam ad lucubrum auiculae ad vestrum statim imperium conuolauerunt ? And much more , which for breuity I omit . That which the Bishop of Chartres writeth of him before mentioned and promised , is thys : Rex illustris Anglorum Henricus secundus regum Britanniae maximus &c. circa Garumnam fulminat , et Tolosam falici cingens obsidione , non modò prouinciales , vsque ad Rhodanum , et Alpes territat sed munitionibus dirutis , populisque * suba●lis ( quasi vniuersis praesens . immineat ) timore principes cōcussit Hispanos , et Gallos . And to these I will adde onely Will. of Neuboroughs elogie for a Corollarie . Regis supra omnes , qui vnquam hactenus in Anglia regnasse noscebantur , latius dominantis ( hoc est ) ab vltimis Scotiae finibus ad montesvsque Pyrenaeos nomen in cunctis regionibus celebre habebatur &c. Hunc finem habuit inclytus ille rex Henricus ● . inter reges terrarum nominatissimus , et nulli eorūvel amplitudine opū , vel faelicitate successuū secundus . And thus much for the testimony of the greatnes of his conquests , & of his Empire ▪ as for his other greatnesses ( viz ) of his wisedome , of his iustice , of his magnanimity , of his bounty and other heroycall vertues I shall not need to produce any proofe , for his wise and politik administration of his great affayres , and estate , his victoryes and hygh acheeuements secretly intimate them at the full . He was also well learned , as Giraldus affirmeth , and ( which was his best prayse ) he was very charytable , and pious , ( incomparabilis Eleemosynarum largitor , et praecipuus terrae Palestinae sustentator . ) And Radulph de Diceto writeth that in the time of an extreame dearth in Aniow and Maine hee releeued with bread ten thousand people dayly from Aprill till haruest . And William of Newborough addeth that he receiued with great deuotion the character of the sacred Militia for the recouery of the holy land . And afterward ( because he was not able to goe by reason of infirmities , and for the great daungers wherein his estate should stand in his absence which Giraldus sheweth ) hee gaue toward this expedition the summe of 47. M. li. or there abouts . Iean de la Haye also writeth that hee built S. Andrews Church in Bourdeaux , and S. Peters in Poitiers , and founded a Bishops sea there , and enlarged the towne by the one halfe . Hee reedified the Abby at Waltham in Essex , and the Charterhouse of Witham in Wiltshire . He repaired and much beautified the Monastery of font Euerard ( or Fronteuaux ) neere Egle in Normandy : and founded the Priories of Staneley , and of Douer . He also began the stone-worke of London bridge , which was finished by his Sonne King Ion ( or caused to be finished ) for it is all one to a common wealth . And he instituted the circuits of the Iudges : and not to be tedious in the enumeration of such particulars ) in a word he was ( as Ion Carnotensis who knew him well ) testifieth , rex optimus apud Britānias , Normanorum , et Aquitanorum dux faelicissimus , et primus tam amplitudine rerum , quam splendore VIRTVTVM . Quam strenuus quam magnificus , quam prudens , et modestus quam pius ab ipsa ( vt ita dicam infantia ) fuerit , nec ipse liuor silere , nec dissimulare potest : cum opera recentia , et manifesta sint &c. And after those his great workes , and all his high achiuements , his victoryes , his trophees of his heroycall , and christian vertues , and a long and happy raigne , he departed at Chinon in Touraine , in the 35. yeere of his raigne , and in the 61. yeere of his age An. Do. 1189. and was with all due funerall pompe enterred , at Fronteuaulx , and vpon his tombe had this inscription engrauen . Sufficit hic tumulus cui non suffecerat orbis , Res breuis ampla satis , cui fuit ampla breuis . Rex inuictus eram , mihi plurima regnasubegi , Multiplicique modo duxque , comesque fui . Cui satis advotum fuerant haud omnia terrae Climata , terra modo sufficit octo pedum . Qui legis haec pensa discrimina mortis , et in me Humanae speculum conditionis habe . Quod potes instanter operare bonum , quia mundus Transit et incautos mors inopina rapit . Thus this great Henry left his great name , and his glory to the world : and his Kingdomes and his dominions to his posterity the Princes aranged , and enrouled in this following Poesy . Vnto which his Empire I dare affirme , & vpon the present allegata , et probata conclude , that neuer any Prince heyre generall of this kingdome had so many , so ancient , & so lawfull titles as Hee , to whose happy inauguration this humble verse is consecrated . AN ECLOG , Entituled ΔΑΦΝΙΣ ΠΟΛΥΣΤΕΦΑΝΟΣ , betwixt Damaetus a Woodman , and Silenus the Prophet of the Shepheards , DAMAETAS . SILENVS . Stanza 1. OF all the trees in heau'nly Siluan's guard , ( wherwith the worthest brow 's were crown'd of yore ) There is but one , or few ( O reuerend Barde ) Amid whose vertues maze I would require A line of any learned wiserds lore : The Plante of Genest chiefly I admire , Whose humble highnes makes me oft surmise , That lowly steps be ladders to the ski's . 2 For well I wist though Genest doth not dwell In proudest soile , nor tops of mountaines hye , She shews by this , that she foreseeth well The perils , which doe all extreames impend . Th' aspiring pine ( whose top doth threat the sky ) Diuine Reuenge doth headlongs oft downe send , When this is safe vpon her humble hill , Not thrall to any proud Superiors will. 3 Againe I know her gentle property To yeeld , and bowe , as reason shall aduise : Loe here a type of true humility , And therefore hath by kind the soueraine pow'r Of parts of man , which onely duty tyes To bowe to Kings , and to their Creatour . O iust respects , who can so well deserue For to commaund , as one that knows to serue ? 4 And that the Genest doth by nature holde A speciall honour of aeternall green : And that hir boughs be charg'd with flowr's of gold : And many such like graces more I wot : But in my minde long this conceit hath been , That yet the greatest wonders I weet not . And I am wont this tree oft to compare To that , which is in all the world most rare . 5 Now good Silenus , as you are a man Endew'd with passing skill , and mystick art , Enforme me rightly , ( for I know you can ) What be the other mysteries of this tree : And by the way I pray you to impart Both which , and what those other flowers be , Whereof ( they say ) the * praesident of light Hath made a garland for his † fauorite . 6 Thou hast long liu'd ( Damaetas ) in the woods , And there for Woodman hast Genista serued , To prune her plants , and saue her tender buds , As seasons did the charge to thee commend : And many of her vertues hast obserued , Which vse , or common mought apprehend , But for to deem the doubt thou stick'st vpon . Would aske some time bestow'd in Helicon . 7 When first I went those sacred wells to see , My will to good was harsh , benumm'd and cold : My head now white , was then like eben-tree Dy'de in the sensuall sumes of youthfull will. Loe now of each the contraries I hold , For Time , and trauaile , and those springs of skill Of frost , and snow haue made my sculls attire , And warm'd my spirits with their holy fire . 8 Now of these flames I will impart to thee , And happily perhaps thou hast refer'd The resolution of this doubt to me : For why this case was argued long-agone , In Helicon , and I my selfe it heard , Where Phoeb ( amid the Muses ) on his throne , Establish'd by those sacred maides aduise , What Ghirlands should be ech acchiuements price . 9 The question grew because Apollos suite , Praeferd a plant against such as praesumed To weare a garland of his holy fruite , Without desert or speciall grace diuine . Apollo was much mou'd , and chaf'd , and fumed , And went anone to counsaile with the Nine . And when he had a leafe of Laurell eat , Thus spake , as I his speeches can repeat . 10 The Laurel-crowne was giu'n , and shall be still To peerelesse men , to Clarks , and Emperours , And such as in a mood of metrik skill , Could of my fauours make their vants at large . And then that long-enduring Palme of yours , Was due ( my sisters , and my sacred charge ) To such , as worthily to gaine the price , Had suffer'd watching , famine , fire , and Ice . 11 And he , which had with valiant hand preserued A citizen , receiv'd a crowne of Oke . But he a wreath of Oliue-leaues deserued , Who had with Arts , and plea's of peace beguiled The bitter times , which discord had forspoke , Or els some dangerous foe had reconciled . And he , who long had flam'd in true loues fire , Receiv'd a crowne of Mirtle for his hire . 12 I meane whose amorous flame is fed by grace , By grace of hir , who doth his deare perseuer . I meane not one forlorne , and in disgrace : He must a wreath of bitter Willow weare : For as that tree by buds doth promise euer , A hope of fruite , yet fruite doth neuer beare , So vaine , and fruitlesse is his , hope and loue , Who an inconstant womans loue doth proue . 13 Of all the most authentik is of Grasse , That crowne ( before I had my Bayes ) was vsed . And with those words his colour alter'd was , And fetch'd a sigh , which would haue rent a rock . So much his guilty conscience him accused , Whose rape to scape a Maide was made a stock . In briefe remorse did so with him preuale , That he had much adoo to end his tale . 14 Yet what he could his passions he subdu'de What could he not , who was a wight diuine ? And for that he his purpose would conclude , The Garland of the Grasse did serue ( quoth he ) For some such politik , or Paladine , Who from a seege should set a city free . And then the hood of Cypresse-leaues was woorne Of such , as had ( as I haue ) cause to moorne . 15 For safe conuoy is borne the Veruain wreath Of foecials , and Mars his oratours . To Tuiscons race the Iuy I bequeath . Lillis , Chardons , and sweets of Erycine , Of seuerall Empires be the signall floures , Symboles of beautie , power , and grace diuine : And now I doe employ them to adorne The crowne , which of my Daphnis shall be worne . 16. The Pine is Pan's , and hee bestoweth that Of herds , which best can skill to tune an Ote , Or wist to make their cartell soonest fat . But more from this , and from the rest I hast To speake more large of ONE ( as you may note ) The first in honour , though in order last : As it befalls with gold which is refin'de , The worst comes first , the best remaines behind . 17. There is an Island (1) Leucëëssa calld , And in that Isle there growes (2) a gentile tree , Whose bough's bee all of carued Emerald , And for hir flowrs my Raies I did employ . For her abode she listeth not to be Where either heat , or cold can hir anoy . Whether the Bee of homagers most true Comes oft to yeeld his sute , and seruice due . 18. Vpon this tree is set my chiefest care . Now thou faire Genest art my dearest tree . Thy ghirlands now of all shal be most rare . And I pronounce , and make a solemne vow , ( Sisters accord for so it must needs bee ) None shall pręsume to were hereof one bough But such as standing high in vertues grace , Shal be aduanc'd to honours highest place . 19. But to put on my new composed crowne It shall not fall to any but to ONE . And such an one , as merit , and renowne Shall recommend vnto the supreme good . Eu'n such a one as shall deserue alone To weare a wreath of ech tree in the wood , Wise , valiant , iust in briefe indued with all Vertues Christian , and heroicall . 20. To him his neighbour potentat's shall bend , The Polare princes shall his vassalls bee , Afrik , and Iude , to him shall pręsents send , Aesteeming those the happiest wights alone , Which league contract with him or amitee , Fortunes dearling , Pieties champion , Successor and heire in all by right To great King Artur * Iesu's faithfull knight . 21. Thus said the King , the Prophet , and the God , ( Which I must credit as my blest beleefe ) And here he made his parting Period . But that thou may'st the better bear away This Oracle , I will declare in briefe What worthies haue bene graç'd vnto this day , By bearing branches of this happy tree , As diuers haue , and hearken now to mee . 22. You see ( Damaetas ) that the Gods decree Admitts but one to weare the complet ghirland . But some , whose fame hath scal'd a high degree May beare a branch , and some a chappelet . Th' Empress Matilda's sonne , who conquerd Irland : ( The greatest Britanne King , which hath beene yet ) Must by good right now lead this royall band Of the triumphant worthies of this land . 23. A prince form'd of the true imperiall mould , Hee was as valorous , as politike ; Hee could well win , & what he wan could hould , And fortune follows such men in their traine . 1) Westria was his , he rul'd in 2) Armorike : And raignd in Albion , and in Aquitaine . In breef a soueraign hee did raigne , and rule From Pyren mountaines to the frozen 3) Thule . 24. With slipps of Broome he decked next his cap , Whose valiant zeale , whose chiualry diuine Made in the pagan kingdomes such a gapp , As all the Christian hosts mought enter in . He tooke Acon , and Ioppe in Palaestine , And did besides , the realme of Cyprus win . He warr'd with men , and slew the Austriak Lyon , And made a peace with GOD , and went to Zion . 25. Next rides king Ion , to whom stout Caledoun Solemly vow'd to be loyall leege-man To him the King , and heyrs of his Crowne . And by his auspices the * Brabant Knight From rebell Lords their ile of refuge wan . By him great Themses bridge so exquisite , ( Which did before in woodden modells lurke ) Became of Europe the most stately woorke . 26. Then comes his sonne with other architects ( Not to build Babels and Castles in the ayre ) But hee a holy house for GOD proiects , The which he doth at Westminster performe . A temple high , magnificent , and faire , A princely pile as well for vse , as forme , And shall remaine to all posterity , A glorious tropheè of his piety . 27. Now add the foremost two which bore his name , ( Who of the saint desguis'd a ring receaued ) To th' one some giue a Hammer for surname , Bycause he bruis'd (2) Gaiothel in his wroth , And him of Iacobs stone , and chaire bereaued . But Iacob soone shall repossesse them both . Th' other Edward the templars did expell . Of whom I can no more say , to say well . 28. Behold him next who in a doome supreme Pouuoir aboue an Estre did aduance , For he was offred Coesars diademe . But follow'd boons forbod , and downe anon Cuts with his mothers sword the flowrs of France , and plants them in his fields of Albion And puts them in his royall Lions guard , For so ( quoth he ) Dieu & mon droit award . 29. Right gentile too was that conceit of his , When hee the Garters order did ordaine , A noble pledge of princely grace it is : Happy are they which therewith gird their knee . Thrise happy hee , and ay so may remaine Who doth protect both that , and them ; and hee , Which saith not so , ill come to him and worse , Then Hōni soit , qui mal y pense's curse . 30. Philipp the famous Macedonian Had not a sonne of higher worth then hee , For where the prince black Edward went hee wann . This honors comete first did faire appeare At Crecy field , which 1) Nauaret did see After more bright then Mauors in his sphere , But Poitiers cheifely , where hee tooke King Ioan , For there a 2) double victory he wann . 31. Two * Richards more succeed , the one a Prince , Whose goodly presence men to woonder moued , And was as bountifull as any since . § Fame hath been sharp to th' other , yet bicause All accusations of him are not proued : And hee built Churches , and made good law's , And all men held him wise , and valiant , Who may deny him then his Genest plante ? 32. But Henry Bolinbrook ( me thinks dooth frowne , That Glo'ster here should next to Burdeaux come , Bycause he from his cousin tooke the crowne . Mistake not Henry , for by right for neither Of yee , in these triumphall car's is roome : But best of all ye may be match'd together . Yet doo I grant thou wert a princely Knight , And patrone of the bloody rose by right . 33. But to thy sonne the § Dolphins strange repeyre ( Swimming in post vp to the royall port ) Foretold that hee was born the Lillies heire . This signe was soon by sequels verified : Dolphin hee was by right , or swords effort . And he in France victorious liu'd and died . Whom Azincourt so nobly did receaue , At * Vincienne parke of all he takes his leaue . 34. Henry his sonne surnamed of Windlesore ( Who was in London and in Paris crowned ) Most worthily a Plant of Genest bore . But not by scepters sole his praise began : His christian vertues made him most renowned , For he was deem'd a very holy man , And had been made a Saint , and long since shrin'd , But that the vice-saint maker was vnkind . 35. I must omitt that proud Plantagenet , Who in high parlament the king defi'de . But I may not his gallant sonne forget , Who twice did winne the royall gole by armes : And was the father of the happiest bride , That euer Camber compassd in his armes : She made the losse the lighter of that sonne , Whose raigne then ended as it was begonne . 36. She , and her Richmont ( on'd by sacrament ) Refus'd the golden offer of Colône , Foreseeing that the riches and the rent Would hardly counteruaile the keepers care : And had besid's a secret reed that one , ( Who should hereafter set in Arturs chaire ) Should fetch the fleece when he occasion saw , And hold the golden monark in his awe . 37. This Richmont was a very prudent prince And therefore was surnamed Solomon . The world hath seen great works accōplish'd since , Which were proiected by this Theodore . This man of GOD did happily atone The ciuil feud , which long had been before , Betwixt the Rose , which first grew in the wood And that which Venus colour'd in hir blood . 38. These happy Plants haue ouerspreed this I le By Henry , and more fruitfull Margaret . ( But Henry's branches florish'd but a while ) She is the roote of the immortall seed , Whence Iames the wise a new Plantagenet did spring , and was hir father who did breed The great Polystephane , as shall appeere When they are past , which come triumphing here . 39. That Henry with his broome attempted first To sweep out of this land the drosse of Roome ; A worke of worth , which els no monarke durst . And made a Bal when hee had doon this deed In triumph of the flowers of the Broome . Yet see how duly vertue hath hir meed , For the Pope himselfe as ( the Bishop saith ) First stiled him Defender of the faith . 40. His hopefull sonne brought happily to passe What was attempted by that hardy King. For hee abollished the Romish Masse : Timely resolu'd to maintaine christian troth . And as his yeeres , so did his vertues spring , But enuious fates vntimely cropd them both . Then let this serue to make complete his praise , Whom Gods do loue , he dies in tender dayes . 41. This is king Henries eldest daughters place , A dame endewd with hev'nly vertues many : Devout sansdout , a MARY full of grace , Iust of hir word as euer any Queene : Hir liberall hand was neuer clos'd to any , whose need requir'd . This maks her plant stil green , For what someuer piously is geuen , Is with great vsury restor'd in heauen . 42. Hir younger sister next to hir doth set , Who was in acts , and age the happier much ? And therefore weares the brauer chappelet . A Queene , whose state so happily did stand , That men did say ( seeing hir greatnesse such ) This Lady leadeth fortune in hir hand : A virgin which did keep hir lamp still light And eke for rarenes was a Phaenix hight : 43. For weigh hir peace established at home , And next hir victories acheev'd abrode As well in th' Indies as in christendome . Then hir safe garding hir confederates , Hir zeale to the true worshipping of GOD , Hir wisely moderating hir three estates , These say she was a glorious Amazone , As euer any was : but fates spare none . 44. Add more , which ioynd strange scepters to their plant , As Cornwall did the scepter of Almain , And that of Castile royall Ion of Gant , Progenitor by sonnes , and either daughter Of all the kings of Britain , and of Spain : Without sir Bolinbrook , who for the slaughter Of a king inunct ashamed hid his eyes Long-sithence with a hood of strange desguise . 45. But Bedford shall his fathers place supply , Who though no King , yet was a great vice-roy , And in his place behau'd him royally . Th'arm'd sorceresse committed to the flame , Narbone , Alanson , and their * petty roy Vanquish'd at Vernueil witnesse well the same , Who while he liv'd preserv'd th' inheritance Of his drad leege , and kept in awe all France . 46. Some more great Genesters recount I may , Whose fronts should with this crowne haue circled been , But they were absent at their sacring day : As Artur , heire vnto the greatest King : And she , that was of France and Scotland Queene , Whose vertues praises all the muses sing , And weares in sted of chappelet of Plantes In hev'n a diademe of Amarants . 47. And diuers other sett on fortunes knee , Highly advanc'd for vertues rare respects Haue worne a branch of this imperiall tree . Farther they neither did presume nor m 〈…〉 t , For they were men , and had some light ●●fects : But yet they pass'd as far ech other wight , As he ( that peerelesse hee ) eclipseth them , Who is of all the world the rarest gemm . 48. Defects empesch'd they were not absolute , And fates conspir'd to keepe them in their wants : But GOD , and fates desert and publike brute Haue all pronounc'd him sole the worthy ONE To weare the ghirland made of many plants . Th' high Seneschall ( I meane ) of Albion , Of whom Apollo in his holy rage , Did as you heard such wond'rous goods pręsage . 49. And this is hee , for whom by desteny The complet ghirland was reseru'd so long : Of whom to say in sooth my fantasie , It were in vaine for any man aliue , With flatering hopes to doo himselfe that wrong , To thinke his stile mought at his praise arrive . But true that is which erst thy Muse did sing , Hee is the true Beau-clerc , and the best King. 50. This is that Oliue-bearer of this I le , Who shall by high pręordinance diuine That great intestine quarell reconcile , Which so vnnaturally so long hath been Betwixt Brutes sonnes Albanact , and Locrine : As Theodore did that , which was betweene The bloody brothers Lancaster and Yorke , And was a figure of this greater worke . 51. To this his reunited Albion Hee shall annex the crowne of Pharamound , And fayre Hibornia's Ioyning three in one . Still Victory shall follow his ensigne . He shall in treasure , peace , and yeeres abound . Aequity , Clemency , and lore diuine In all causes , and of all opinions Shall be his iudges in his dominions . 52. And to accomplish this his happinesse Heau'ns doo to him a princely spouse decree : All those fraile saints , those gentile goddesses shall kneel to hir : so wise , so chast , so loyall , So faire , so good , so goodly she shal be : And both thrise blessed in their issue royall : For hee , and they which from them shall discend , Shall raigne in Britaine , till the world haue end . 53. And Britain had no sooner faith and force Combin'd , but hir DOLPHIN in tender age Vowes to redeem from Gallile bands the cors Of his grand-sire the great Plantagenet , And seize vpon his Southern heritage , And bounds , and tropheés in the Pyrens sett . Soft Muse : but prosper GOD , and natiue right This flowre of flowers , this sweet S. Georges knight . 54 What doost thou now ( Damaetas ) more command , Lo here discuss'd the mysteries of thy tree , Thy doubts dissolu'd , assoiled thy demand , And eu'n thy thoughts ( I thinke ) descyphred are . And if that rarest thing great DAPHNIS bee , To whō thou didst some time those plants compare , Then lo at length the white is striken pat , Which thy conceits so long haue aymed at . 55. O blessed Prophet hallow'd bee thy art , Which hath so much releeu'd my travaild mind , Thou hast discharg'd in faith a frendly part : My thoughts , and doubts are ridled every-on . And I confesse his name thou hast divin'd , To whose high worth the plants were pargon . Silenus live , and so naught resteth now , But to his seruice all my life to vow . 56. Wherfore I wish I wist to bring to passe , To haue a Penn plucked from Angels wings : And then to bee as high as Atlas was , Who on his shoulders did support the skies . ( O King of flours , O fairest floure of Kings ) Thus would I write in starry Paradise , DAPHNIS a toy le chappeau roialest , De Roses , chardons , lis , & de Genest . 57. Triumph yee trees , which had so high a hap To beare the flowers of this royall Hat : Florish yee flowers lul'd in Flora's lap , Wherof Apollo did his ghirland make , Ghirland in honour aequall bee to that , Which shines in hev'n for Ariadne's sake , And may his state , for terme with starrs contend , To whom the hev'ns this Garland recommend . L' ENVOY au Roy. LO now ( great BRITON ) by decree divine , This fowre-fold Diademe devol'd to thee , Great Aedgars heyre by fortunes , and by line . But greater by thy wisdome , and thy witt , Thy minde inuict , thy bounteé , pieteé , And all the vertues for a Caesar fit . Wherfore on thee all happines attend , Whom heav'ns to vs so happily did send . Gran cose in picciol fasce stringo . F. Petrarc . Dij boni quid hoc est , quòd semper ex supremo fine mundi nova deûm numina vniuerso orbi colenda descendunt ? Orator Belga in Panegirico Constantino D. πολυχρονιον . The Hymne inauguratory for his Maiestie : mentioned in the Epistle D.D. O God of gods , O King of Kings , Aeternall Father of all things , In heav'n and earth , and euery where , By whom all Kings their Scepters beare . Great God of Iames our blessed King , Who peace , and ioy , to vs did bring . Whom thou a cheef , a royall guide Didst for thy herdlesse troupes prouide . Now we beseech the mighty Lord , To vs such fauour to afford , That this triumphall festiuall , This holy-day imperiall , To his inauguring consecrated , May bee so often celebrated , That finally it bee not doone , Till the great comming of thy sonne , And that his health , his ioyes , his peace May as his yeeres , and raigne encrease . AMEN . Epigrammatis S. Regi Iacobo Iampridem Hantoniae regiae oblati exemplar , cuius mentio est Stanza . 49. Anglice Dauid aue , rex scilicet optime , vates Optime , quos mundi secula sera vident . Vir caelestis aue , nam non industria talem Te fecit tun , sed gratia summa DEI. Tu pius et fortis , tu prudens , ordine , stirpe , Fortuna , meritis ( prime Iacobe ) vale . Aliud de symbolo nummi noui . Vos ( Henrice ) Rosas , vnisti Regna ( Iacobe : ) Dat Deus vt fiet haec Vnio perpetua . FINIS . Faults escaped in the Printing . In the Epistle DD. in the marg . Vite for Vitae . Arbit for Arbiter . fol. B. In the Pręface . Britania for Britannia . fol. B. 2 in the Marg. Conquestorre , for Conquestore . fol. B. 3. in the Marg. Seditioni for se ditioni . fol. C. In the Eclog , Datus for datur . stanz . 5. in the Marg. Cars for Carrs . stanz . 32. Hertford for Hereford . stanz . 32. in the Marg. Abollished for abolished . stanz . 40. ? for : stanz . 42. and eke for rarenes . read : and for hir rarenes . stanz . 42. chardone , for chardons . stanz . 56. Notes, typically marginal, from the original text Notes for div A17119-e200 Vide R● . Ascam●in Toxophil . of the Iustnes of this vnion . (1) Capito , vt Buchanā . Buchanan rerū . Scotie . lib. 7. An Do. 1603. Iul 25. ap . Westminster . His Maiesties title to Scotland & to Ireland . G. Buchan . Lionel Plantag . Du. of Clarence , third sonne of king Ed. 3. maried Eliz. daugh & heire of VVil. Murc-Burk Erle of Vlster L. of Connacht : from whom the Dukes of York are descended . Camden in Hiber . * His Maiesties title to France , see it more a● large in the Argumēt Vide 1. Froissar à Tom ● (1) Gersey , Garnesey , Aldern●y , &c. are parcels of Normandy , and so consequently of France yet possessed by the K. of Eng. * His Maiesties title frō the British Kings . (1) Russin . (2) Faire Iulian. (3) Edmund . (4) Gerion , or Ieronim . (5) Theodore . (6) Veridik . D. Povvel in Historie of the Princes of Wales . His Maiesties title from the Saxon kings . Vite , & neele gentibus arbit Seneca . Quicquid dominatur vim Dei habet . Artemidorus . Ouid. Notes for div A17119-e2170 (i) Britania , or Albion rather . Vide stanz 17. and it is taken out of Orpheus in his Argonaut : where Ma. Camden rather readeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Albion or Alba , rather then Pinaria , and iudiciously . He was also surnamed Courtmantel . Vide lib. S. Stephani Cadomensis de Gulielmo conqu●storre editum . an . 1603. Philosalicus . In Summaire des ducs , et contes d' Aniov . K. Henry the second , the greatest king &c King Malcolm knighted this K. H. the secōd at fifteene yeeres of age , Novbrig . who writeth much in the honour of this king Malcolm . lib. 2. cap. 20. Britannia ab aduentu Saxonum in insulam appellatur Anglia Ioān . Salisbur , in Policratico . Ranulfus Higeden in Polichronic . * Ex archiuis Ciscestreasis Ecclesiae by the fauour of the reuerend D. Hen. Blaxtoa Ch●unce●lor . * Epoch● K Edred was vncle to Edgar Ingulf . a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sub . rex . This Eadvvis or Edvvin was elder brother to the great Edgar . Io. Asser in histor . de Gestis Ealfredi . Io. Tvvinus in Albionicis . I haue seene this charter in the hands of Ma. of Holland , a learned Gentleman , & a good antiquary . Sigillo . V. Ion B. of Bristow in his first treatise about the vnion . Vide Tho. VValshingham in K. Edvv. 1. & in Ed. 3. Io. Praesul Carnotensis in Polycratico . K. Edw. 3. erected Aquitain into a Princedome for his eldest sonne Edw. Ican de la Hay . Gyr. du Hailian en la sommaire des contes d' Aniovv . &c. Lib. 11. cap. 18. Giraldus Cambrens . in Hiber . expugnata & G. Càmden . G. Neuburg . lib. 2. cap. 38. Io. bish . Carnotensis in Polycratico . D. Povvell . D. Powel in the history of the Princes of Wales . Sil. Giraldus in Topographia Hiberniae cap. 47. & 48. Distinct. 3. Ioan. Saresbur . in Policratico lib. 8. cap. 24. * Profligatis . G. Neuburg . lib. 11. Gyral . Cambr. An Dom. 1176. Vide S. Giraldum in Topograp . Hibern . Distinct. 3. cap. 48. & in Hiber . expugnala lib. 1. cap. 45. Io. Sto. in Anna● Fabian . ●●du Haillan es contes , & D. d' Aniov . He loued Hunting and hauking exceedingly . Girald . He first kept Lyons , & made of the armes of Normandy ( viz ) the two Leopards , and of the single Lyon of Aquitain one coate of armes for Engl. as it is yet borne . Nic. Vpton . Io. Carnotensis . lib. 16. cap. 18. And much more , and much and in his honour writeth Giraldus in Hiberna pugnata . lib. 1. & G. Nevbrig . lib. ● . cap. 25. Wherunto for breuity I recommend . the Reader . Notes for div A17119-e5960 The ancient wisemen of Britain were callēd Bardi . Diodor. Sic. Humilitas scala caeli . Bernard . Flexit pinum ferox astris minantem , & de nube media vocat . Se●●ca Genuum doloribus modetur , hinc Genista ditta fu●●sius . Vide stanz 54. * Apollo praeses luminis . Gal. † Sup. Daplmis quod nomen in hac celoga datus S.R. Iacobo , sicut Iulin Caesari olim in Ecloga 5. Virgilii . a pastoribus . SILENVS . Capitis niues : sic Horatius . The Italians , French , and Spaniards write the first syllable of Garland with an i. & that is neerest to the Etyemologie of Guir & dalen 1 : greene leaues in British . Hinc vates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 olim olim dicti Lycophron ap . Caelium . Rodig . The Laurel Garland . Plin lib. 15. The Palme garland . A. Gell. lib. 3. The Oken Garland . Gel lib. 5. The Oliue Garland . Gell. & Textor . The Mirtile Garland . Virg. & Ouid. The Willow garland , authorized by Homer and Virgil Homer calleth this tree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. frugiperdam Odyss K. And Virgil placeth the Forlorne louer inter salices : eclog. 10. The Grasse Garland . Plin. lib. 22. Daphne versa in laurum Ouid. Met. 1. and heereupon Lucian saith Apollo was infortunate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In dial . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Cypresse-garland . Cato apud Plin. lib. 16. The Veruain garland . Vergil . Plin. Iuy Garl : Plin. lib. 16. The Garlands of Lillies , Roses , & Thistles . de his vide Pierium in Hieroglyph . The Pine Garland . Propertius lib. aeleg . 1. The GENEST garland . (1) Orpheus calleth Britain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Argonantic . (2) Gentile hath diuers significations , sometime it signifieth supremo grado de perfectione per natura , percostumi , & per valor &c. I. Ruscelli . sometime it signifieth of , or belonging to the same stock or nation , as Gentilis clyteus , gentile sacrum , & Gentilhuomo in Italian , and as it is vsed here . Sometime also it betokeneth mild , or pliant , as it is vsed stanz . 3 and sometime a Hethen or Pagan , as it is vsually taken in the holy scriptures and stanza . The Garland of Genest , Roses , Chardons & Lilies reserued for Daphnis Apollo's fauorite . &c. viz. K. IAMES . * The oracle giuen to Augustus , me puer Hebraeus , &c. recorded by Nicephorus , and that reported by Eugubius , Heutripodes lugete perit praesagus Apollo shevvs that these Hethen gods knevv Christ : quod notet B. I. K Hen 2. vide praeface . 1) Normandie not Neustria Pitheus . 2) Litle Britain . 3) Terrarum vl●ima Thule , Seneca Island , or Thylen sell , that is Shetland secundum Gasp Peucerum ap . G. Camd num . K Rich 1. surnamed Coeur-de Lion. maried Borengaria daughter of Garcia King of Navarre . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Richard demeura en Asic la ou il fist plusieurs belles choses . ( After the departure of the French K. Louys ) Du-Haillan . li. 1. K. Ion , brother to Ric. 1. surnamed Sās-terre ▪ he got Angolosme , by marrying with Isabell daughter and heyre of Almery Earle of Angolesme : and the I le of Man by conquest . * VValter Buc brought 700 men out of Braband , wan Ely and diuers Castles for this K. Ion. vide Camdenum in Ottadini , & Holinsh. K. Hen. 3. surnamed de VVinchester maried Elianor , daughter of Raimond Erle of Prouence . K. Edvvard 1. surnamed Longshank , maried first Elianor daughter of the King of Castile , she was heir of Ponthieu , & mother of K. Edvv. 2. by his second wife Margaret daughter of the French King , he had Tho. of Brotherton , from whom by Segraue , and Moubray the Hovvards are discended . (2) vide Tho. VValsingham in Edvvard 1. K. Edvvard 2. surnamed of Carmarvon , maried Isabell daughter and heire of Philip le Bel K. of France . K. Edvvard 3. surnamed de VVind sore , maried Philip daughter of VVilliam Erle of Henalt , &c. hee tooke Calais , & wonn many victories of the French , as at Crecy & Slays , &c. Refused to be Emperour . Paralipom . ad Abb. Vrspergens . The order of the Knights of the Garter instituted . Edvv. de VVoodstock Pr. of Wales , and of Aquitain , maried Ioan daughter and heire of Edm. Plantagenet Erle of Kent . Vn tel prince estoit digne de gouerner tout le monde . Froisard . 1) Hee ouerthrevv 60000. Spaniards and French in Spain betwixt Navaret & Naiara . Idem . 2) Le ieune prince doublement victorieux , aiant vaincuson enemi par valeur , et par courtoisie , laissant vne venerable trophè de son humanitè & prudence , &c. Ie. de Serres . * K. Ric. 2. his sonne surnamed de Bourdeaux , maried Anne of Luxembourg daughter of the Emperour VVenceslaus . § K. Ric. 3. surnamed de Fotheringay , duke of Glocester . &c. maried Anne Nevill daughter of Rich. the great Earle of VVarvvik . K. Hen. 4. surnamed de Bolingbrook , maried Mary daughter & heyr of Humfrey Bohun Erle of Hertford . &c. He vvas Duke of Lancaster in the right of his mother Blanch daughter of Henry Duke of Lancaster , &c. § Of this Dolphin vide Tho. VValsingham in An. Do. 1392. Hee conquered France for the most part . K. Hen. 5. surnamed de Monmouth , maried Katharine daughter to Char. the 6. the French King. * Hee died at Bois de Vinciennes nere Paris . K. Hen. 6. surnamed the Saint , built a college at Eaton , and the Kings college in Cambridge : maried Marg. daughter of Renè K. of Sicil , Duke of Aniovv . K. H. 7. sollicited the Pope to canonize K. H. 6. vvho refused . Rich. duke of Yorke , heire generall of the crovvne , Regent of France , maried Cecily Nevil daughter of Rafe Erle of VVestmerland . K. Edvv. 4. maried Eliz. VVidevile daughter of Ant. Erle Riuers . extinguished Lancaster . Q. Elizab , 1. K. Edvv. 5. K. Hen. 7. Erle of Richmont , maried Elizab. Plantag . daughter & heire of K. Edvv. 4. For them Christopher Colonus offered to discouer the Indies . R. Hakluit to . 3. Hen. Erle of Richm. vvanne both the field and the crowne at Bosvvorth . Margaret his mother vvas an heyre of the house of Somerset . hee extinguished the male line of Yorke . Vide Ouid in Metam . these Roses were the devises of Yorke & Lancaster . Margaret their daughter was maried to Ia. 4 K. of Scotland , by whō she had K. Iames 5. who maried Mary daughter to Claud duke of Cuise , who bare to him Mary Queene of Scotland and of France , heyr apparent of England , and mother of our Souerain Lord King Iames. K. Hen. 8 maried Katarine daughter of Ferdinand King of Castle , by whom he had Q. Mary : he had Q. Elizabeth by Anne Bolein daughter of the Erle of VViltshire . Hee had K. Edvv. by Iane sister of the Duke of Somerset . Doctor Cooper B. of Lincolne in Chronicis . K. Edvv. 6. Quem dij diligunt , moritur Iuvenis . Menander . Q. Mary maried to Philip 2. King of Spaine . Q. Elizabeth . 2. shee added Virginia to hir Empire . &c. Ric. Erle of Cornvvall brother to K. Hen. 3. elected K. of Almayin , or Romanes . Ion of Gant. Duke of Lancaster . K. of Castile & Lion by Q Constāce his wife . K. Hen. 4 vt supra . Ion Duke of Bedford . 3. sonne of K. Hen. 4. regēt of Frāce where he tooke the great Champion of France Ieane la pucelle : ouerthrew the vicont of Narbone at sea : wann the bataile at Vernueil , which ( as Serres saith ) Faisoit porter le dueil a toute la France . * K. Charl. 7. was called in scorne Le petit roy de Bourges . Artur Plantag , Erle of Britain , sonne of Geffrey , 3. sonne of K H. 2. heir apparent proclaimed by K. R. the first . Mary daughter and heire of Iam. 5. King of Scotland , by Mary de Loraine daughter of the Duke of Guise , vt supra . 38. S. Peter calleth the crowne of immortall glory 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. epist. ca. 5. DAPHNIS . K. Iames is high Seneschall of England , Scotland , and France , by private heritages , viz. by Leicester , Ab. & Aniovv . Vide Epigramma Latinum in calce libelli . Sic Minerua dicta Olivisera ab Ovidio . Tria iuncta in vno : It is the mott of his Maiesties devise for the Knights of the Bath . Anne Queene of great Britain , daughter of Frederick 2. King of Denmarke . Henry Prince of great Britain . Prince Henry . K. Henry the 2. buried in Frontenaulx in France . DAMAETAS . In Stanz . 4. 
A33265	----	His grace the Duke of Monmouth honoured in his progress in the west of England in an account of a most extraordinary cure of the kings evil given in a letter from Crookhorn in the county of Somerset from the minister of the parish and many others. Clark, Henry, 17th cent. 1680 Approx. 6 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A33265 Wing C4456 ESTC R39371 18389711 ocm 18389711 107444 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33265) Transcribed from: (Early English Books Online ; image set 107444) Images scanned from microfilm: (Early English books, 1641-1700 ; 1630:5) His grace the Duke of Monmouth honoured in his progress in the west of England in an account of a most extraordinary cure of the kings evil given in a letter from Crookhorn in the county of Somerset from the minister of the parish and many others. Clark, Henry, 17th cent. 1 sheet ([2] p.) Printed for Benjamin Harris ..., London : 1680. Caption title. Signed by Clark and eight others. Imprint from colophon. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monmouth, James Scott, -- Duke of, 1649-1685. Great Britain -- History -- Charles II, 1660-1685. Great Britain -- Kings and rulers -- Succession. 2006-07 TCP Assigned for keying and markup 2006-08 Apex CoVantage Keyed and coded from ProQuest page images 2006-09 Mona Logarbo Sampled and proofread 2006-09 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion HIS GRACE The Duke of Monmouth Honoured in His PROGRESS In the WEST of ENGLAND IN AN ACCOUNT Of a most Extraordinary CVRE OF The Kings Evil : Given in a Letter from Crookhorn in the County of Somerset from the MINISTER of the Parish and many others . VVE whose Names are under-witten , do certifie the truth of a Miraculous Cure of a Girl of this Town of about Twenty years Age by Name Elizabeth Parcet , a poor Widows Daughter , who hath anguished under the sad afflicted Distemper of the Kings Evil , Termed the Joint Evil , being said to be the worst Evil for about Ten or Eleven years time , she had in her right hand Four runing wounds , viz. One in the inside , and three on the Back of her hand , and two more in the same arm , one above her handwrest , the other above the bending of her Arm , She had betwixt her Arm-pit and Brest , ( a bunch ) which the Docters said fed those six several Runing Wounds ; the said Distemper was likewise on her Left eye , insomuch she was almost blind ; her Mother despairing for the preserving her sight , and being not of ability to send her to London , to be touched by the King , being miserable Poor having many small Children , and this Girl not being able to work , her Mother desirous to have her Daughter cured , saught to the Chirurgions for help who tamper'd with it for a time , but could do no good ; went likewise 10 or 11 Miles , to a Seventh Son , but all in vain ; no visible hopes of a Cure remained , and expected nothing but the Grave . But now , in this the Girls great extremity . God the great Physitian Dictates unto her , thus Languishing in her miserable , hopeless condition ; what course to take , and what to do for a Cure , which was to go and touch the Duke of Monmouth ; which the Girl told her Mother that if she could but touch the Duke she should be well , her Mother reproved her for her foolish conceit , but the Girl did often perswade her Mother that she might go to Lackinton to the Duke , who then lay at Mr. Speaks , for certainly said she I should be well if I could but touch him ; her Mother slighted the pressing requests of her Daughter , and the more her Mother slighted it and reproved her , the more earnest was the Girl for it ; in few days after the Girl having notice that Sir John Syd●nham intended to Treat the Duke at white Lodg in Henton-Park , which this Girl with many of her Neighbours went to the said Park ; she being there timely waited the Dukes coming : First , she observed the Person of the D. to have knowledg of him as he was passing into the said Lodg , she prest in among a Crowd of People , and caught him by the hand , his Glove being on , and she had a Glove likewise to cover her wounds , she not being herewith satisfied with this first attempt of touching his Glove only , but her mind was , she must touch some part of his bare skin ; she weighting his coming forth , intended a second attempt : the poor Girl , thus betwixt hope and fear waited his motion , on a sudden was news of the D. coming on , which she to be prepared , rent off her Glove that was clung to the Sores in such hast , that broke her Glove , and brought a way not only the sores , but the skin : the Dukes Glove , as providence would have it , the upper part hung down so that his hand-wrest was bare ; she prest one and caught him by the bare hand-wrest with her running hand ; ( saying , God bless your Greatness ; and the Duke said God bless you ) the Girl was not a little transported with her good success , came and told her friends that now she should be well , she came home to her Mother with great joy , and told her she had that touched by the Dukes bare hand ( and that she should now be well ) her Mother hearing what she had done , reproved her very sharply for her boldness , and asked her how she durst do such a thing , and threatned to beat her for it , she cryed out O Mother I shall be well again , and be cured of my wounds ; and as God Almighty the great Physitian would have it , to the admiration of all that know of it , or heard of it . Her six running wounds in her hand and arm , in four or five days were dried up , the bunch in her brest was dissolved in eight or ten days , of which now is no sign : her eye that was given for lost , is now perfectly well , and the Girl in good health ; the marks of her several wounds are yet visible in her hand and arm , all which has been discovered to us both by Mother and Daughter , and Neighbours that know her . Henry Clark Minister of the Parish , Captain James Bale , Captain Richard Sherlock , John Stacky Clerk , William Pike , Samuel Daubeney , G●orge Strong , John Greenway , Robert Chislet . Whoever doubts the truth of this relation , may be satisfied thereof by sight of the Original under the hands of the Persons before mentioned , at the Amsterdam Coffe-House in Bartholomew Lane near the Royal Exchange . LONDON ; Printed for Benjamin Harris at the Stationers Arms in the Piazza under the Royal Exchange in Cornhil . 1680. 
A19224	----	Discoverye of a counterfecte conference helde at a counterfecte place, by counterfecte travellers, for thadvancement of a counteerfecte tytle, and invented, printed, and published by one (person) that dare not avovve his name Constable, Henry, 1562-1613. 1600 Approx. 86 KB of XML-encoded text transcribed from 49 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A19224 STC 5638.5 ESTC S111899 99847159 99847159 12180 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A19224) Transcribed from: (Early English Books Online ; image set 12180) Images scanned from microfilm: (Early English books, 1475-1640 ; 218:03) Discoverye of a counterfecte conference helde at a counterfecte place, by counterfecte travellers, for thadvancement of a counteerfecte tytle, and invented, printed, and published by one (person) that dare not avovve his name Constable, Henry, 1562-1613. 96 p. s.n., Printed at Collen [i.e. Paris?] : 1600. By Henry Constable. A reply to: Parsons, Robert. A conference about the next succession to the crowne of Ingland. Actual place of publication suggested by STC. Identified as STC 6913 on UMI microfilm. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Parsons, Robert, 1546-1610. -- Conference about the next succession to the crowne of Ingland -- Early works to 1800. Great Britain -- Kings and rulers -- Sucession -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-08 Apex CoVantage Keyed and coded from ProQuest page images 2002-02 TCP Staff (Michigan) Sampled and proofread 2002-02 TCP Staff (Michigan) Text and markup reviewed and edited 2002-03 pfs Batch review (QC) and XML conversion A DISCOVERYE OF A COVNTERFECTE CONFERENCE HELde at a counterfecte place , by counterfecte travellers , for thadvancement of a counterfecte tytle , and invented , printed , and published by one ( PERSON ) that dare not avovve his name . Printed at Collen . 1600. TO THE AVCTOR OF the counterfaicte conferēce &c. ITvvere as easy for meyf Ivvould to discouer your name vvith assured proofes as to detect the deuises and dristes of your conterfeat conference made at Amsterdam , but since as it seameth youe are ashamed to iustifye the same vvith your name , I am not he that vvill publishe it , because it might be thought by somme that are redye to enterpret thinges to the vvorst that hatred might induce me therunto , that vvhich I desire chefely to be effected by this discourse next to the inconuenience that might generally haue grovven by your fraude and desceit vndesciphred is that you vvould looke vpon your ignorance or malice or perhaps bothe , vvhich is manifest by seakinge to maKe diuision betvvene Christian Princes that are in charitye and frendship one vvith an other , by defacing the Monarchical state , vvhich so longe tyme hath ben vsed and approued , and by disposinge of the Croune of Englande not vveighinge vvheare the right lieth , but vvhear your fācye best liketh ; if in this later poit your vvould excuse your selfe by sayng you determine no mans title , the course of your vvhole booKe and diuerses practises de facto shevue the contrarye . These thinges be not os small vveight or importance , for that they concerne kinges and kingdomes , and require the practise vvisedome and experiēce of other maner of heddes then yours is , yea and that in nombre to the assēbly of a Court Parlement . Tharfore your maye see vvhat cause of discontentement you geue to all vvise and indifftrent men , and vvhat disgrace you haue braught to your selfe and bretherne , for thar if any happē to be kinge of England besides those tvuo youe vvould seme most to aduance , it is likelye , according to the rules of policye and state that your selfe vvilbe in question for meddlinge in these matters abo uè your reache and capacitye , and your bretherne vvilbe blamed and banished out of the Country for approuinge , or at the least for not chastisinge your levvde and yvell demenor , methinketh the preuenting of these incomodities should ma ke youe cōsider of somme remedyes , and the remorse of your conscience shoulde breede repentaunce vvhich cominge from the botome of youe harte vvill force youe in as ample and publicke maner to disclame and disauovve your sayd conference , as euer passion and partialitye did inuite you to set forthe the same . This is the best and casiest vvaye to satisfie the Princes discontented the people scandalized , and your selfe endaungered , and this is that I suppose your vvisest friendes vvill aduise you vnto : for my particular , I do praye for you , and vvishe no vvaye reuenge to your person , but re formation in your maners , as God I call vvitnes , vvho direct youe to that A DISCOVERYE OF A COVNTERFECTE CONference , helde at a countersecte place , by counterfecte travellers , for th aduancemēt of a counterfecte tytle , and invented , printed , and published by one ( PERSON ) that dare not avovve his name . IT is obserued , and hath bene noted , lōge in the vvorlde , that no Vanitye is so light vvhiehe beareth not somme credite , no fable so phantastical , but some vvill beleeue it , nothinge so disorderly attempted vvhiche hath not fovvnd a supporter . Euen so it falleth ovvt touchinge a certē vaine diet appointed somme yearespast to abuse the vvorld vnder the title of a conference aboute the next succession to the Crovvne of Englande , beinge in deede a confused bablinge of Idle troublesome trauailers , vvithout interest to deale in suche matter , and a verie confederacie of a practize against the blood Royall , state and dignitye , of that nation . Therfore vvantinge the true and certaine of place , persone , author , and other due circomstances ; it may vvell be called an infamous fablinge chartel or Libel , feigned to be conceiued in Holland , knovven to be fostered in spayne , falselie fathered of R. Dolman , printed at N. to vvit , no certain place Iustifiable , vvith licence of , it may not be knovvē , vvho . Neuerthelesse all must be so commended at the first sight for pleasure & vtilitye , the author so extolled for sharpnesse of vvitte , plentye of muche readinge cunninge in conueyhance , abondance of eloquēce , and other graces , as none can finde any vvant or default . Nay ( to amplify the estimation as vvel of the author as of the libel ) it is prouided that vvhosoeuer by vvorde , deede , or contenance seemeth to dislike the one or the other : all suche persones must be reputed by a common fame , & there vpon condemned as enemyes to the priuat designes of the kinge Catholique , and aduersaryes to the common cause . Albeit it is very likely that the late kinge of spayne , nor this kinge liuinge vvere euer priuye to the contents of that Libel , nor expressely consented to the publishinge therof , as vvill appeare heareafter , Therfore it is but a ridiculouse sentence so rashelye to censure men , and very partial , suche also , as aduāceth the credit neyther of kinge , nor cause . For vvhen a man pretendethe a clayme neuer heard of in any age , to an other mans lande vvhose quiet possession actually , & right also apparently in all vvyse mens eyes , haue concurred & cōtinued manye hundreds of yeares , in him & those vvhose state & title he hath , & inioyeth , no indifferent vvise man vvill allovve , that the sodainlye supposed pretendor may haue any reason by a bare clayme to think that he should beare all avvay vvithout contradictiō : especiallye vvhen the clayme excedeth measure , is misliked generally , and bringeth vvith it suspicion of euill dealinge other vvayes , as made by trauailinge strangers , vvithout the supposed pretendors vvarrant and priuitie . In respect vvherof , & for vvant of vpright behauiour , the same crime may be imputed more Iustly to the Libellor , & his libell , as preiudiciall to the same kinge and cause . For as there are manye indifferent persones in diuers nations , all a like affected to the matter of suc cession , not caringe vvhat vvaye it runne : & are not tied to the kinge in any speciall obligation , nor alienated from his Ma. nor frō the sayd cause , vvho are persuaded that a redier course might haue been taken vnder a better pretense for aduauncement of bothe : Euen so , there are manye others of the same opimon , vvho ( if comparisōs may be allovved ) are accōpted to haue as muche interest as the libeller & his trauailinge consorts haue in the matter of successio ; & haue better vvarrant of Lavv & in defence of Lavve to reproue that conference ; then those conferrers haue vvithout Lavve & against lavve , to iustifye or commende it , yea ; haue bene fouvnde hetherto as redie ( hopinge God vvillinge so to continue ) as the practizers in that conference , to aduaunce the common cause euerye lavvfull vvaye , and the sayd kinges honorable designes also , and to doe to his Ma. seruices & offices in aduauncement of his honor to the vttermost of th aire povver , mary in ordine adDeum , & vsque ad aras , so farre fouth as they may in adue order tovvards God , and vvith saftie of a rectified conscience ; & More thē this [ I am sure ] so good a kinge vvill not requyer . Therfore vvhat so euer the sayde practizers for theire pleasures & profits doe pretend , & blovv a broode by vvordes & clamours against others , for the Catholique kinges priuat or publique designes , or for the common cause : true it is , that suche as findinge thē seliues thus affected to Gods honor & safetye of theire consciēces , and there vpō vnvvillinge to incouraige the sayd practizers & thair cōference , are the bolder to speake against bothe , as they haue greater reasons , & more effectuall motiues in vveight & measure to dislike boath ; And that in respect as vvel of the matter , as of the manner or forme , and of circūstances touchinge theffect that may depend therof or concurre there vvithall ; accomptinge for matter the lothesome drifts and scoopes vvherunto the sayd conference doth tend ; for manner & forme , suche absurd vvayes and meanes as theis cāuassers haue deuised , to abuse the vvorld , & therby to vvork ther feat ; And for circumstances of effects , the feares perills , mischiefes & inconueniēces thretned not only to the englishe natiō , but also to the vvhole Christiē vvorld , and eyther necessarilye cōcurringe vvith those cāvasses , or occasiōally folovvinge them ; yea vvayting and attendinge to offer theit seruices . The principal scoape & dryft , first in mynd , though last in operation , & in meane vvhyle dissembled ( besides the deposīge , of the present possessor ) is to supplant , dispossesse , & disherit the true heire & lavvfull successor of the english Crovvn , vvith all the ofsprīge , to translate and alter the ancient lavves and customes of that Realme , and cōsequently to trāsforme the gouernement of that Nation in to a Prouince ; or at the least to thrust in to the Royall throne , against the right course of english lavves , a forainer bred & borne farr of , vvhiche neyther in her ovvne personne , nor any braunche of the roote from vvhence theis practizers pretend to deriue hir title , vvas auer herde or tho ught of in the memorye of man , nor before mentioned in any record of any age , to suche effect or purpose as novv is deuised ; Nay if any such things haue bene spokē of , theis smoothe conferers haue practized in time past to suppresseit , & to beare the garland an other vvay , & that not longe a goe , as heare after shal be declared . And for the vvayes & meanes to dravv this on , they are many , but all rovvghe , vneauen , tedious , indirect , out of the highe vvaye that may be lead to any good end , all things vvell vveighed , yet agreable to suche an attempt : as in like trouble some interprises it falleth out , that odd shifts must be made for tooles to remoue blockes , to skovver strets , & make vvays clearer , for crafty surmises , & vvily insinuations to vvalke more smoothely & currātly to the marKe . Touchig the scope&butte of the booke , I vvill speake hearafter generally , for the particular mischiefes therof euery true english mā dooth throvvghlye see at the first sight , In the meane tyme , let vs serche the vvayes to see vvhat monsters lye hydden therin ; And soe vve shall find theffects like to folovv the practizes of theis conferrers , vvhat gloriouse pretense so euer they geue . Thersore , first to begine vvithall , emonge diuers Crafty shifts vvhiche vve finde there is a deuice to make the mattet seeme good by all lavvs as vvell Civil Roman , as municipial englishe , touchinge Ciuil gouernement and direction of thenglishe nation , for guidinge the course of that Crovvne , Although the same deuice be opposit to that aunciēt ordonaunce , vvhich for abolishinge the force of Cesars Civil lavves our of that Realme , & for establishinge a municipial lavv there vvas ordained by authoritye of that famous holy father Pope Eleutherius euen in the begininge , vvhen Christian Religion vvas first vniuersally plāted in that Iland , and vvith the full consent , and vpon request as vvell of the Christien Kinge of great britaine , Lucius , as also of his nobilitye spiritual and temporal lords of that Realme . This deuice beinge once set dovvne , then tvvo lavvyers , the one a gētilmā , theother a speciall temporall lavver of englāde must be brought in to represent the persones of all other lavvyers of professions , & vvith the tongues ofbothe those lavves , Thies tvvo ( vvhiche neuer before agreed in this affayre , & many other ) must be novv made fryends ( or els all vvere marred ) to conspire vvith certaine Idle troublesome trauailers against the municipial lavves , yea cōtrarye to the purpose vvhy bothe those lavves vver made , vvhiche is to make peace : and against the profession of all good lavvyers , vvhiche is to resolue doubts and quarels spetially vvhē dyets are appointed for consultation , as the finall cause of this assemblye touchinge suche an affayre , vvolde haue bene , if it had bene called in gods name , and collected of setled men , & not of vvan dringe trauailers : vvell , this nevv reconciliation of auncient aduersaries , is novv thovght to be necessarye , as in like practizes of innouation hathe been often vsed against truthe & Iustice , for novv , by their agremēt , vve must haue not only a trāsfiguration of the shape & forme of that common vvealth but a transmutation also , or translation at least of the verye matter , vvher vpon the true common vvealthe of englande , & euerye particular mans state doth rest , and that is the lavves , & lavvful customes of that Realme , as a speciall meane to haile vs al to the forsay de scope : And all this must be contriued through thattonement of this tvvo lavvyers , by a more spedy intrusion of Cesars Ciuil Roman lavves thovvgh they are by authentique authoritye longe agoe abolished , & by continuall silence vvorne out of vse & buried vvith a free consent of the vvhole nation in manye ages . 1. And amonge manye conclusions agreed vpon betvvene these tvvo , one must be , that vvhat soeuer the Ciuilien sayeth , our tēporall lavvyer must svvere & subscribe to it , be it true or false : and he must up holde the Ciuiliā vvith yea or nay at all assayes that may serue to ouerthrovve the municipiall lavves of englande vvith out respect to the vveightye reasons & sage considerations therof deriued from the lavves of God and nature , as most agreable to the cōditiōs and qualityes of that natiō . 2. An other conclusion is that theis tvvo lavvyers thus prepared for opinions & affectiōs must set forvvard , so as the Ciuiliā shall lead the vvaye , & the tēporal lavvyer must folovv , the Ciuilian shall goe before , not as the angel Raphael vvent before younge Tobye , to chase a vvaye murderinge diuels , but to call in mischieues vpō mischieues al maner of vvayes by contentiouse spirits : not to demande due dets vpō lavv fall spetialties , but to make vndue dets & bank roupte by playne rauin & robbery : not to procurre a mariage by order of lavve vvith due respect to proximitye of blood , but to breed a deuorse of frēdship in kinred by disturbinge the lavvfall liniall course of consanguinitye prouided by lavves , for passaige of th inheritance & successiō , & that in suche a sorte as hath not bene allovved by Iudgement of lavv to passe in englande though by violence some suche enormities haue bene intruded and bolstered for a vvhyle to the horrible ruyne of manye noble families not recouerable . The temporall lavvyer also for his part must folovv as an echo not betvven tvvo hills or like place vpon stoppage of breathe for modestye or feare : but in playne fields not subiect to rebovvnds boldly vvithout blushinge to correspond , not caringe if all true englishe men of all sorts & degree doe vvonder after him ; yea he must folovv , not as the litle kinde Dog folovved yong To bye to serue his right master : but as the mastyue folovveth the Tinker for his ovven commoditie , to beare the burdē , lest his master ouer labored could not attaineto his Inne , & hym selfe should leese his bayte , for it appereth demonstratiuely that the Ciuilians credit for this matter , in the sight of all true english mē vvould be litle vvorth is the temporal lavvyer vvere not present to contenance the same : And if the Ciuilians plea be reiected , the temporall lavvyer must seeke his meat in the myre : for he deserueth to be casten ouer the barre , as an ambidexter : Neuerthelesse he can not stād this vvaye also in any great stead at theende vvhen the matter commeth to hammeringe by right tooles . 3. A third conclusion of this accord is that theis tvvo lavvyers must cōforme them selues somevvhat to the manners and conditions of those troublesome tribunes , the paires or couples of pensioners among the states of the lovve Countryes : so as by treadinge the steps of popularitie thei maye Imprint a fauorable opinion & liking of this purpose in the phāsies & conceits of people vvho euer delyghte in change , and loue muche to haue suche houlde on the brydle as thei maye cōptreol their Soueraigne or ouerthrovve hym out of the sadle , vvhen they lyst : Therfore a popular doctrin must be published as a lavv , & ther vpon must folovve a difinitiue sentence indifinitlye that th inheritāce & succession of the Soueraigne gouernement in that Realme doeth depēde vpō a multitude , so as at theire pleasure they maye pike a quarell sufficient to disthrone theire lavvfull kinge and vvhen they lyst to cal for an election of a nevv kinge , because their pleasure must stand for a lavv in this case . And this multitude forsothe must beare the name of a commō vvelthe vvhen they comme to gither , though often tymes it falleth out to be a common mischiefe or vniuersall confusion : yea & assembled onely or principally by aCanuasse & practize ofsome one or other popular personne , malcontent , & seditiouse or ambitious : vvhich by a gracious opinion among the people is hable to bringe the may game home to his ovvne or frynds houze ; for hovv , and by vvhat authoritye , that multitude is to be assembled , & other circumstances most expedient and necessarye , thies lavvyers neyther define , nor regarde , It is suficient at this tyme in their bookes and for theyr purpose , if theire assemblye beare a shevv of a common vvealth by somme presence of the nobilitye & commons , any thinge or matter that by thes tvvo lavvyers is expressed to the contrarye notvvithstandinge . And this sentence thus generally set dovvne , is to be made good allovved and ratiffied by pretēce of sōme principals , maximes , or assertions of Ciuil lavve or lavvyer , suche as though in speciall cases , for some singular respect , in a priuat sence , vpon due circumstances , and necessarye occasions ( to speake onlye touchinge designements , & ordinances of a true vnfeigned cōmon vveth and not other vvyse ) may be true , & haue somme grovvnde in the Ciuill lavve , yea in common reason , & maye also stand vvith thenglish lavves : yet neuerthelesse to serue these mēs turnes , in pleasinge the multitude , they must be made generall vvith out exception , to ouerrule the municipial lavves of englande , And this sentence must also be confirmed by exāples and patterns of practizes executed in colorable common vveathes , or rather disordered multitudes , beinge no common vvealthes in deed , but prodigious monsters of manye heads , vvith out a good foot to stand vpon , and in materiall points for temporall affayres agreable to that of Holande and Zelande at this daye : Soe as those most seditiouse rebels shal be hable to auouche this popular doctrin by authoritye of thies tvvo lavvyers to vvarrāt their rebelliōs against their most lavvfull Soueraigne . Therfore ( by the vvaye ) a man may note vvhat good feruice thies conferers haue done by this popularitye to that most renoumed kinge Catholique , in geuinge to his Ma. a colourable pretence of title to an other kinges Crovvne , to minister matter of vvarrant for a rebellious rout to thrust him selfe fourth of his ovvne Crovvne . 4. Besydes this popular Doctrine , vve must haue an other deuis to leade the multitude vnder a penthouse in the shadovve of a lavve more nearer the mark novv shot at against the lineal course of inheritance in cases os feesimple . Therfore other allegations must be brought in to the court by the Ciuilian as principels and maximes deriued from his lavv , vvhiche in deede are no other thē fansies or opiniōs of theone side of a controuersie , vvherunto it liketh novv this Ciuiliā to subicribe , neuer set dovvne in the corpsof that lavv , but fovvnd in comments & gloses of lavvyers as notes or memorials of exercises , or of allegations vpon sutes passed on the behalfe of some cliēt , neuer defined authentiquelie by comon cōsent , but remaine as letigious , apliable ( like the rules of lesbos ) to the diuersities of mēs opiniōs grovvinge vpon affections , or other irresolute concepts . Neuerthelesse they must no vv be all defined as true & certein on that syde vvherunto it liketh thies lavvyers to leane . And if they happē to stumble vpon a certayn rule either in the bodye of the Ciuil lavv , or in the note bookes & monuments of Ciuilians , that must either haue suche constructiō , as pleaseth this Ciuilian to enforce , or els it must be sayd to stand certayn & cleare also for english affayres , & be preferred before the most currant ru , les , & most certeine maximes of our english municipiall lavvies , hovv opposit so euer they be to thēglish forme of la vufull gouernement . And a accordinge to this Ciuiliās rules must the inheritāce & succession of the english Crovvne be squared for the covvrse therof to runne as pleaseth this Ciuilian to vphold the same vvith the bolster of a frē ticke multitude seduced by a conterfaited temporal lavvyer : for euerye factious assemblie ( if it once take place , and cary all vvay cleane ) must be accompted for a common vvealth in thies mēs books , be they neuere so often assembled in one yeare , euerye one opposite to the other in all extremities . And by the practizes , gests & procedings of suche common vvealths must thies axiomes & principles be cōfirmed as by imitable & exemplare patterns at all assays : So as to helpe or hinder any pretend or in this case it must be sufficient by thies mens rules to say , this or that vvas done vvithout respect to this or that ought to be done : or vvhat the lavve sayth for her selfe against this or that act : Thus are vve novv come by help of thies mens Doctrin to reuiue & allovv for lavvfull the sayenges and doings of olde tyrātes ( vvho to iustifie their vvikednesse vsurped in a maliciouse sen ce that anciēt prouerb : quod exem . plo fit id iure fit ) euerye thinge , be it neuer so bad is lavvfully done , if it can be exemplified to haue bene done , espetially of a multitude , that may seeme to beare the colour of a common vvealth . As if a Tyrant defacto & malefacto , vpon possession , & vniust possession too , shall therfore be a true kinge de Iure right fully by order of lavv : As if right ought to follovv possessiō , & possessiō should rule the right : As if an vnlavvfull bare possession of the dissezor & his heyres in case of inheritance & successiō by a lineal discēt to that Crovvne ought by lavv to dishable the right of a disseizer and his heyrs , or in any other , ovvt of the poynt of lavvfull prescription : a prik of a vveapō sharper thē thies lavvyers vvil be hable to vvard , If the matter cōme to a demurre in lavve . 5. Furthermore the trauailers for theire parts must help the credit of thies lavvyers by a couple of odd shiefts , or els all vvill not goe streight , for by the meanes of their raunginge throvvgh by countries , vve must haue a common opinion setled euery vvhere , if it be possible , that all is true vvhiche thies tvvo haue sayd , as agreable to the lavves of nations ; And consequently a cōmon fame of three horrible blasts must course both ayre & earth to possesse the mindes & mouthes of the ydle vvorlde speciallye amōge the symplest and most credulous of one side , vvhich for meede or dreede ar to be lead avvaye , amōg suche of an other syde as are naturallye disposed , or maliciously incited to desyre a chaunge ; The first blast is an vntrue surmise of a doubt fulnesse to be in the municipial lavves of englande touchinge the inheritāce & succession of the Crovvne of englande , vvho ovvght to haue it albeit in truthe the matter is verye cleare in the Iugement of the same lavve & of all the vvisemen , lavvyers , & others vvhiche haue interest to Iudge therof , as vvhose states doe depend ther vpon : Neuerthelesse it appereth by their ovvne confession that the doubt shall lye , not in the lavve vvho ought to haue it , but in theuent vvho shall haue it : not vpon right but vpō the oportunitie of time . The second blast is a daungerous insinuation , full of sclaunderous vntruthe & intolerable in dignitie vvith contradictiō , that the Realme of englande is at this daye , & hath bene many hundred yeares destitut of a lavvfull Soueraigne . And vpon thies tvvo must folovv a third , to vvit a generall chalenge for the Crovvne for vvhan that surmise of doubtefulnesse hath possessed the myndes of the people ; all competitours and preten vvil take occasion of chalengde , euerye one for him selfe , and the most mightie by force or frendship vvil beare all avvaye ; And the other blast by insinuation shall serue as a motiue to inforce the people of al fortes for their ovvne indemnitie , either to seeke the blud Royall vvher so euer they think it to be : euerye one after his ovvne conceit ( and to bring it home if it can be founde , or to intrude one or other into the place , & affervvarde for a colour of in diferencie to call for an election of a kinge or Queene by the deuice of thies traualers , vvho mynde to sovvnde a trompette that there is not novv liuinge any of thenglish blood Royall borne in englande , nor els vvhere inheritable of that Crovvne , or capable of it , saue onelye , theone of tvvo , they care not vvhether and those must bee the late Catholique kinge him selfe , or els his daughter . 6. And ( to speake some vvhat in particular touchinge the absurditie of the sayd surmise ) it greueth my very hart to consider vvhat paynes thies men do take to consume theire naturall coūtrie vvith the terrible fier of greate discord & euil diuisiō , and to vvhat fovvle shifts they are driuē , that thei may cary all avvay cleanly , lest they be accompted among them , vvhich euen thē are most deceitfull , vvhē they most pretend to be iust . Therfore to put the vvorld fourth of suspition , & them selues fourth of Ielouzie . ( an inconuenience that comenly hapneth vvhen old foes are be comme nevv fryēdes ) thies tvvo lavvyers , for an other conelusiō must comply vuith the tyme like vvether vvise mē oflesbos , for thies deuises can not be so closely rolled vp but that simulation must vvalke smothely , either vvith tergiuersation to please & displease , or vvith yea & nay to contredict them selues , & in fine , to couer all vvith doublinge & redoubling betvvene playne vvordes & crooked meaninges , from one sensse to ane other , as far as any equiuocation , pregnancye or other elenche of Sophistree , legier demaī , or deceipte of sight cā helpe for cariage of all avvaye uvith the generall drist ; And ( as I said before , vvhiche is to be noted after ) lest theire surmise of doutfulnes in lavve doe faile , they vvil in the ende depende vpon tymes , speciallye as they may be made to stande , more then vpon doutfullnes of lavve , So as to them maye vvell be applyed , that odle prouerb , Omnia pro tempore , nihil proveritate , they measure all according to the tyme , & nothinge to the truth , like men geuen ouer , to vayn talke , desirous to be accompted Doctors in lavv , and ether vnderstande litle , or regarde lesse , vvhat thei affirme or denie , if their ovvne turne may be serued vvithall , no not thoughe the vvorlde do eth see hovv miserabli theire ovvne cōsciēces may be gauled by such shifs : for better euidēce herof vve may note other olde corners of particular shifs that thiese men are forced to seeke for pleasig the tyme to further their surmise , for though they vvorlde confesseth , & none vvilbe fovvnd so Impudent as openly to deny that as all men vniuersally and in particular are bovvnd by the lavve of God & nature to vvish & desire the cōfinuance & happie preseruatiō of common quyet vvelth & felicitie of their natiue Countrye : so are they also by the same lavves bovvnd euery one for their degree of qualitye , condition and possibilitie , to employ all their bodilye trauails , all their externall povvers vvith discourse of reason , pregnācye of vvit , cares , industries , and al their internal forces to prouide best means for furtherance & aduancement of the same common quiet , vvealth & felicitie , yea and to preuent , cast of and eschevv all Impediments thereof , & all occations that may breede any peril to the same , And albeit amonge the commodities cōcurring vvith the happy state of a Realme next to the reuerent loue & due obedience of subiects to God & to their Soueraigne for the tyme beīg the greatest preseruatiue of quyet among people , by confession of vvisest men , is to fore knovve an heyre apparent of the Crovvn : so amonge all the inconueniences that can be practized against the prosperouse estate of a Countrye , that embraceth an ordinarye discēt of theire Soueraigne by vvaye of inheritance and succession in a certaine knovve issue & ofspringe in a linial course according to a municipial lavv , or lavvfull custume None is more vvicked , in it selfe , more pernitiouse to the state more vntunable in the earses of al godlye vvise men , nor more scādalouse to the vvhole vvorld , thē is either to houlde the opinions ofsubiects in suspence & dovvt , vvithout offer of resolutiō , vvhat that persone is to vvhome they ought by order of lavv to beare allegeance after decesse of their present Soueraigne , or by any vvaye or meane to broache or to nsinuat any dout or ambiguitye therof , vvhere ther is a setled opinion of all vvise men to the cōtrarye . Aud though it be so euident & demonstrable as nedeth no exemplification hovv carefull good princes , & sovvnd comō vvealths haue bene in tymes past to auoyd such ambiguities , & hovv curious some kinges haue bene in suche a case , vvho hauinge lavvful issues inheritable & capable of that Crovvne , vvith out exception , suspicion , scruple , or doute neuer the lesse before their death , haue by spetiall othes , & cerimonious submissions of their ovvn principall subiects , established the state expectant in their issue : not for any dout in lavv touching the true & lavvfull title of their issue in the right of inheritance , ( as these tvvo lavvyers vvould vvrest that good prouidēce of princes but to arme them selues & their issue against all euents , for preuenting of ambicious & seditious purposes of popular persones , vvho at chaunge of Princes vse to put out their hornes more boldly then before , vpon confidence of aduātage by oportunitie of tyme , to dravveuents contrarye to thintention & expectation of the lavv , ascope vvherunto thies lavvyers shoote all their bolts , Al thies euidentes & confessiōs of truthes , and all thies stratagemes & prouidēt pollicies of good Princes and sovvnd common vvealths notvvithstandinge , our tvvo lavvyers vvith their trauailers haue taken courses quyte contrarye , In so much as by neglecting , yea vvilfull reiecting the foresayd prouisions & good policies for preseruation of common quyet by mature cautions & remedies of lavves against mischieues & inconueniences that may grovve by vvant of due foresight to knovve & acknovvledge a lavvfull heyre and succession to the Crovvn , Thies men doe practize by all meanes to haile men headlonge in to vvilfull doutfulnesse and ignorance thereof : And to furthcr their purpose vvith a glosse of flatery , to please this tyme , the Queene must be iustifyed , & her doeinge cōmended for prohibiting the declaratiō of an heyr apparent , so as it must be vvell allovved that no speciall lavve or order be established to cut of all dovvts in lavv or tyme that may Iustly grovv for vvant of a certain knovven successor to bee named in her life , hovv daungerous so euer the delay thereof may be esteemed for the tyme to come , for so thies conferrers are not ashamed to conclude in expresse vvordes ; A most monstrouse excesse in speache against all reason equitie and good conscience . And this must be hudled vp vvith fevv vvords as a confessed maxime to please her humour , & to serue theyr ovvne turne yea this absurde surmisse of doubtefulnesse ( cōtrarye to the good counseill & foresight before mencioned , must be bolstred by vayne blasts of cōmō brutes , vvhilst vvith varieties of opinions and vpon incertaintie of tymes they seeke to couer truthes amonge mists & cloudes for vvininge of tyme , suche as po litike simulation , & dissimulation vvith help of poetrie can breath & puff out to dasel the sight of simple , or credulous people : in hope to gayne the victorye by ay de of tyme : yet it mai fall ovvt ( as it hapneth amōge all garboyles amonge multitudes ) that the matter in question vvilbe founde more dout full vvho shall preuaile by force and violence , thē vvho ought to preuail by lavve & iustice And so perhaps suche as think them selues surest , may be accōpted amōg those that make theire ovvn reckening vvith out ther host . But to encrease the sayd surmises of dovvbts vve must haue many other speciall deuices by pleasinge the tyme vpon a purpose that this libel mai haue more rome to passe & repasse vvith the lesse difficultye . Therfore as her Ma. policye of delay must be highlye extolled so must she be born in hand and the vvorld made to beleue , by a common forme to , for vvynninge of tyme , that none of the dovvbtes must seeme to touche her title , all thinges must seeme cleare durīge hir tyme , Neuerthelesse the titles of al those frō vvhēce she directly claymeth and of all those vvhich are to clayme frō her are by thies lavvyers called in questiō : Apoint of most impudent flatterye vvith subtill conueyhance of vvords , vvhiche she her selfe derideth knovvinge hovv short thies felovvs vvold make her tyme , if they could get a tyme to serue their ovvn turne , as may be seene by the practises and deuices vvihich haue byn made against her and her state since the verye same tyme. And to aduaunce his surmise vve must haue an other odd shift that must haue a longe reache , for all matters must be affirmed by vvay of protestation , vvhich vvill not be mainteined for sufficient pleadinge vvhen the matter cometh to hearinge in court of record before an indifferent Iudge , but vvilbe disliked & denied mightiely : A subtil shipft of deskant to auoyde blame , if matters be not vvell taken , and to serue for baites if a partie cā be made to vpholde them ; for example , no ordinarie course of inheritance in fee simple by lineal discent in blood neare or farre of to the Cro vvne of englande accordinge to the lavves thereof , must be regarded othervvise thē suche as from time to time shall please a multitude that is hable to geue a colour of a common vvealth : Again all pamphlets books and vvrittings that haue bene spread a brood , fra med effectionatli accordinge to the variable opinions of eache mans priuat appetit be it sincere or sinister must be gathered to gether in to one volume and allovved as authentique , vvith out distinction so fare forth as they may make a shevv of doubtfulnesse in respect of varietie , though the erronious eyther haue been sufficientli confuted , or neede no confutation , but are condemned In the iudgement of all vvise mē . And though all be allovved and brought in to make a shevv of doutfulnesse in respect of their nomber & varietye of opinions , yet they must all be condemned of partiallitye , except one vvhich must serue the turne ; yet there must be no contradiction in these mens vvords , for all passeth by vvaye os protestation : More ouer euery mans pretence of claime to the Crovvn must seeme iust , and his allegations true , for none must be discouraged to stur questions and dovvts ; yea the matter is so handled , that euery one vvhich is of kinne to the Crovvne , hovv farre ofso euer it be , shal be allovved and encoraged to pretēd & clayme a title , both men & vvomen , to make the matter much more dovvtfull , as the nomber of pretēdors encreaseth more & more ; though in verye deed thies lavvyers intend that none of them shal be hable to preuail , except one of tvvo , at the most they care not vvhiche , as I said before : yet it is not long syns they both should haue bene excluded and an other preferred , if thies lavvers myght haue their vvilles . Besyde all this , theise lavvyers vvil protest indifferencie to all , though they shevv them selues fryndes to none but to one alone , vvhich in their cōceits vvilbe hable to rule the tyme ; And some persones & their cause must be couertly abased , vvhose renovvne other vvhils these men haue magnisied , as so me others must be extolled aboue the skyes vvhome in other tymes they vvolde haue blotted fourth of their bookes : As also the late Queene of Scotts Mary of famous memorye , and consequentli her heires must be reiectedvvith in dignities , and impudently spotted vvith infamy of treason & other crimes to please the tyme , though vvhen tyme serued they thought othervvise of her , or els they vvere most odible dissēblers to speak of the chefest of thies cōferrers . The state of a Monarchy must seeme to content thies lavvyers a vvhile in some place abroode thoughe thei vvoulde per suade the people that the state of a prouince vnder a foreine Prince vvere better to be established and continued at home , to serue the presēt turne . An vnsauerye sainge to the sences of all true englishe men , & meriteth smal thankes at the Kinges hādes I spare to speake of many other particular shifts for breuities sake , & because the vvise reader easelye find thē . But by thies a man maye vvell cōceiue vvhat good reason ther is to moue a dislik of the vvayes & mea nes vvhiche thies lavvyers haue deuised to lead the simple men to the marke that they shoote at . And vvith all it is vvorth obseruation to mark hovv curiouse & hovv full of vvordes thies lavvyers shevv them selfes in prouinge some thinges that no vvise man vvil graunte , so subtil conueyhance they haue to seduce othets . An thus much touching the manner & forme of their procedinges . Novv thē to speake somevvhat of the circumstances touchinge the proper effects or casualties depending vpon the practizes and shifts , or concurringe vvith them vvho seethe not those horrible scandals , & steepe dovvne falls , threatninge present ruyne to all obedience , humilitie & Ciuil order , vvhen it shal be knovvē to be allovved for an vndoubted maxime and published vvith the trōpet of commō fame , as a prescript lavv , that a multitude hauinge once got by any indirect practize a conterfeited name of a comon vvealth ( for suche are the commō vvealthes vvhom thies lavvyers haue produced for they re profes ) may lavvfully place & displace kinges and Soueragns , accordinge to their restelesse humours and affections ; vho cōceiueth not the consequences of this Doctrin ? vvhat other good cā be expected to folovv it , thē that preposterously against all good fashion & order , accordinge to a lesbian rule reason shal be addressed to mens doeing , & not their doeinge directed to reason : lavves shal be construed according to the sensuall vvils & appetits of a multitude & not the multitude reformed acding to Gods lavves : And cōsequētly the Soueraign shal be forced to accōmodate him selfe agreable to the māners & cōditions of his subiects , & not his subiects appliable to tharbitramēt of their soueraign be he neuer so good & gratiouse longer thē they vvil obey : Thē in vvhat quiet state or securitie is that nation like to stand vvhich hath a Soueraigne vpon souffrance onely de facto , in respect of a bare possession durante bene placito populi : at the vvill of the people onely : and not de iure in his ovvne right to cōtinevv by order of lavv , othervvise then as it pleaseth the people to interpret the lavv frō tyme as the varieties of humours doe alter their dispositions : Euen so , vvhat good assurance can a Kinge or Soueraign haue or expecte for safetye of his state or persone , vvhen the people shall haue suche a directorie as vvil make theire actiōs good & allovvable to displace him at their pleasure , because some multitude vnder a colourable name of a comon vvealth hath doen the like , for in suche sorte thies lavvyers doe argue . By thies general circumstances & an infinit nomber of particular enormities , absurdities , mischiefs & incōueniences concurringe vvith this popular Doctrin , A vvyse man may easely conceyue vvhat commendatiō thies tvvo lavvyers deserue for their conference : & they them selues vvolde easelye be enduced to confesse , if either theyr ovvne consciences vvere discouered , or the state of tyme vvere suche as vvolde alter the cafe & inuite thē to tourne ouer the leafte to thoetherside : But touchīg theffect of this popularitie vve shall haue occasiō to speake more here after . In meane vvhile it is a vvōder to see vvith vvhat glosses & cōments they seeke to delude simple personnes by vvaye of preocupation & forstalling of mens conceits at first sighte to auoyde all farther examination of their straunge proceadings , for they haue proctors & brokors in all places to extoll them and all theyr attempts aboue the skyes vvith generall speaches ; And by the industrie of thies trauailers a common fame is blovven a broade , that al vvhich thies men doe is done in ordine ad Deum , in a course to God vvard : & therfore are not reprehensible nor to be called in question by any : As if there vvere no other vvaye allovvable to lead vs tovvard God then by that most inconuenient passage vvhich they vvill iustly cōdemne in others : to vvit , by innouatinge most iniustly settled lavves , to supplant right & establishe lavves : to disseize trevve heires of their lavvfull inheritances , and consequently to haile and dravv innocents through bloody shambles , to massacre all sortes of people bothe friends & foes : for suche vvilbe theffects of theire sur mised doubtz , vvhils vvith a vvicked conspiracye against the vvhole corps of theenglish blood Royall bred & borne in England , or in the same Iland , & against all the nobilitie & commons of their natiue Countrye vnder most vniuste pretenses of vvrested titles ther practises for doubts doe tēd to no other end then to procure a conquest vuith a common hauoke & confusion of home bred citizens & of a vvhole nation for aduauncinge of foreigners , like men that care not , for a most vncerteyne gayne to throvv them selfes & others into a moste certeyne mischiefe , & a labirinthe of all kinde of miseries , vnder a vayne hope of an vnsteadfast tyme , vvith a pretense notvvith standinge to loue all , though vpon the matter , it is like to fallout that thei loue none but them selues & theire correspondants : nor them neither , if the euent be not ansvverable to their desires . Therfore vvhat course so euer thieslavvyers vvith their aduocats , proctours atturneys , solicitours , porsuyuants & apparetors vvolde seeme to take tovvardes God , or the vvorld in vvords , and vvhat faulte so euer they vvold impute to others touchinge the sayd kinges priuat designes , or a common cause , It is in very deed more then probable , that they them selfes by there busy heades vvith their brablinge discources in suche an impertinent conference haue doen ill offices to bothe , and are not like to gaine so great thankes as thei looke for at eythers handes , but muche blame & reproof , vvhen all reckeninges are made , and all accompts casten by iust & skillfull auditors . Novv then for so muche as cōcerneth the king , many vvise men of diuers natiōs hearinge the māner of proceeding in this conference are persuaded that thies lavvyers and their trauailinge companions by their rashe attempts so impertinētly in suche a vveightye cause haue preiudiced his Ma-many vvayes : As amonge the rest , none is greater , nor more contagiouse , daungerouse , & domageable to his persone and Ma. Royal , then is the platforme , of the sayd popular Doctrin , first layde in Scottland , after sent a lost in the lovv Corenttyes : attempted in Arragon , and ready to be raysed , rooffed & builded vp in all nations . Therfore vvhat speciall fauour so euer thies men , aboue all others , vvould protest tovvards the kīges deseignes all vvise men maye perceaue that they seeke their ovvne priuat ; hough very vnprouidētly more thē the Kinges aduan̄cemēt in honor , Ma. orother vvays : for if their principall intention touchinge their ovvne priuat , had relyed vpon suche substanciall meanes in praynge the Kings ayd as vvere expedient , & most agreable to his Ma. dispositiō . touchinge the comō cause , they vvoulde neuer haue sovvght to set vvyde open so large gappes , doores , and vvindovves for rebellious multitudes to enter and clayme authoritie ouer their lavvfull Kinges , & Soueraigne , vnder pretenses of glorious styles , & titles of cōrnon vvealths , & stats of a Coūtrye , For vvhat other instrument then this enormious rule of lefbos , had that monstruouse minister of Scottlād GEOVGE BVCKHANNAM to euer throvv the most noble Queene of Scotlande & the commonvvealth thereof , by seducinge the nobles & commōs of that Realm , yet not all , neither , nor the most part to be accompted in vveight & measure , though enough & to many in nomber , for maKīg of a party to geue a shovv of a comō vvealth hable to vvage battaile in open field against their lavvfull Queene , to thrust her in to prison , & after to expell her for the of her ovvne dominions , and finally to practize her death in a foreing Countrie : a most barbarouse fact , & suche , as against it , thies lavvyers haue in tymes past exclamed mightilie vvith mouth & penn . Neuerthelesse if the Doctrine vvhich thies men allovve be true , ( as it pleaseth them to deliuer it , ) vve must also allovv this fact , as good and imitable , being doen by a common vvealth . And vpon vvhat other grovvnd thē this , did those madd ministers in Scottlāde snacthe the brydel in to their ovvne handes , & in most malepert māner presumed to thret ten their kinge that he shal be sent after his mother ; if he vvill not mainteine the Covvrse that they had begon , meaninge their hereticall practizes against his mother & his mothers friēdes , and allovv their fantasticall and irreligious covvrses , as if he vvere but a Kinge made of clouts , & not framed nor formed by order of lavv to succede in a course of inheritāce , but to be let in , & put ovvt at their pleasur by authoritie of a cōmon vvealth of their ovvne making , suche a one , as neuer God nor good mē haue seen read or heard of a vvorse and suche as no vvise & discrete kinge can or vvill endure . Euen so did not that vnnatural vvicked traiter , Antonio peres , by help of the sayd Doctrin procure a rebellion in Arragō against his natural Soueraign vvhich had raized him out of the dyrt in to the rāk of nobilitie , & had he not therby preuailed so farre by all likelyhode , as to haue his practize to be accompted an imitable stratageme of a common vvelth , if God vvolde haue permitted suche malice to raigne in that coaste ? I could exemplify vvhat mischiefe the same doctrine hath vvrought in Englande , but I passe it ouer to an other place ; in meā tyme I praye yovv vvhat shal vve say of that prodigiouse republicke or colourable commō vvealth in Holand & Zeland , framed and cloke togither in a hochepot vvith the basser sorte of a rovvt & rable of artificers & handy crafts men , vnder a glorious style & title of stats ? haue not they also a vvarrant by our lavvyers Doctrine to auoūche & mainteine : for la vvful all theyr ovvtragious & malipert rebellions and enormities more then hethenish against their Soueraign , & against the sovvndest part of the nobilities & commons vnder a cloak of a commō vvealthes authoritie ? yes vvithout dovvbt ; And vvhat so euer glosse or comment our sayd lavvyers vvill make for excuse , certein it is that their ovvn text ( as they haue delinered it to he vvorld in vvord and exēplified it by deeds forth of this late cōferēces ) vvil serue those vnstatlye states to make a commoditie for seruice against their Soueraign vvhē our tvvo lavvyers haue sayd & doen vvhat they cā , for there hath not come many yeares amonge that vnbridled people a Doctrine more plausible thā this , vvhich so largelye & liberally aduaunceth the authoritie of their cōmō vvealth , at least as they doe , & may take it , And vvilbe sure to take fast holde of it , yea the rather for that it rouethat libertie vvithī the countryevvhere the kinge cōmandeth , and vvith his Ma. priuitie & licence too as theye alledge & vpon no light presumption , & the lavvyers thē selues vvith their adherants doe confesse , though no vvise men of indiferēt affectiō vvill beleaue it to be true that his Ma. is priuie as hereafter shal be declared . Neuerthelesse ( to returne vvhere Ileft ) the disseruices of thies tvvo lavvyers come novve to be more agruated by presuming to publish or to offer suche a scandalovvse Doctrin to be published or printed vvithin his Ma. dominions , vvere it set foth vvith his licence or no ( As I verilye thīk it vvas not ; or ifitvvere , at the least , vvith out his Ma. priuitie . For though sins the publishing of it , the auctor by him selue or frīds haue geuē out by bare vvordes that it vvas prīted & put forth vvith the late kinges , or this liuīg , theire priuities , licence , & cōmandement authētiklye yet no suche thing is auouched expresselye in the front of that booke , but generally it is sayd to be printed vvith licence at N. so muche to saye as at no place Iustifiable . And though it maye be suffred to passe vvith an ordinaire licence in generall maner consigned by some common censurer of bookes vpon a fauorable motion or by abusinge the credulitie of some authoritie allovved to be published , vvhich may be also doubtfull : Al this not vvith standing , no proufe appeareth that it hath passed for the in suche precise order by the priuitie and commandement of the king , so authentiklie , as euery man beīg vnder his allegeance is bovvnde to take notice the of , and prohibited to shevv his reasonnable conceit touching the contēts thereof vnder peine to incurre the displeasure of his Ma. Therfore to think that thies mē haue entred in to this matter , for publishing thereof in manner & forme , vvith his Ma. licence , or at the least vvith out his priuitie cōsent & commādement vpon speciall respect to their ovvn priuat more thē vpon due regard directly to his Ma. stat honor & aduancement , many thinges lead me , not onely for collaterall matters Idly foysted in to the discours vvhiche may seame preiudicial to the Crovvne & saftye of his Ma. persone & of his honorable familie novv or in tyme to come , but also touchinge the principall scope & but of that booke . And I say for proofe in part , & for vehemēt presumption in the rest first no in different man of iudgemēt vvill imagin that in suche perillous tymes as novv vvhen myndes of people in all nations are easelye to be exulcerated & corrupted vvith sores & maladies of contention , throughe superfluous humors of nevv fangleness , ambitiō , disdaingne , gredinesse of vengeance and other troublesome passions ) so vvise & good a kinge vvould be induced or allured to allovv and mainteine by his Royall authoritie the publicatiō of the sayd Doctrine so contagious & preiudiciall to him selfe , & so scandalous to the rest of the Christian vvorld as therbi ( if their exemples produced for confirmation ther of be allovved ) any monarchie hovv vni forme so euer it be othervvise mai & must be reduced to a dimocra cie or popular state , and a kinge Crovvned to day , may & must be vncrovvned tomorovve , if it so please the multitude that can maKe a partie strong inovvghe to beare the style & tytle of a publike state or colourable comō vvealth for the tyme ; So as if his Ma. vvere in possession of the englishe Crovvne tomorovv , he vvere to depēd vpon the vvils of his ovvn vassals to be expelled next daye folovving , and so from tyme to tyme by these mēs lavve an other to be placed or displaced at their pleasure , & iustlie too , bi his ovvne acceptance & allovvance of this lavv , And so one , after an other so often as the vvether cok of suche a cōmon vvealth chaūgeth vvith the vvinde offactious humors : In so muchc as their kinge or Soueraigne shall serue them like a lackye or page in a frenche ioupe to runne or ryde after theire master , rather then sit in his chayre of estate , vvith scepter & Royal Roabe to commaunde like a kinge , so contemptible shall the Ma. of a king stand in suche a case . And the reason of this prerogatiue ouer their kinge is ( say thies lavvyers ) because forsuthe a kinge vvas made for a common vvealth , & not a comon vvealth for a king ; As if it vvere good reason , that childrē shoulde rule their parents , because parentsvvere or dained for children , & not they for parents , people must rule preachers , scolars must guide scholl maisters the cart must lead carte horses & carters too because preachers scholmasters , cart horses , & carters vvere ordeyned for people , Scolers & carts , & not thies for the other : Neuerthelesse that assumptiō serueth not their turne : for they vvere ordeyned in a subalternel covvrse & degree on for an other , as the head for the bodye & the body for the head . A kinge to rule his comon vvealth , & the cōmon vvealth to obey the king . Beside theis indignities touching Ma. & state Royall there are many other deformities and inconueniences concurringe vvith suche enormiouse succession of gouernement by a monarche , as dependeth vpon the phantasticall toys of a colourable comon vvealth , vvhich yeeld sufficiant probabilitie that his Ma. vvas neuer priuie to the sayd libel , nor the puttinge forth rhereof , Nay it is more then probable , that if his Ma. had seene and looked deeply in to this conferēce , or had bene trulye informed touching all the contents thereof , & the deuises for bevvirchīg the phansies of men vvith plausible matter , for more cleanly conueyhance of a cōsent to their purpose , his vvisedome vvolde haue vtterlye reiected that libell , for he vvold haue quickly perceyued the contradiction betvvene their opinions in shevv of vvordes , and their real proceedinges in practizes , vvhere they hold titles of prīces once setled & admitted are not to be examined by priuat mē , but to be obeied : Neuerthelesse thies companions novv ( as at other tymes ( haue not onely allovved suche examinations , but haue also presumed vpon their ovvue heades , to examine titles of kinges & Queens , and to determine them also by circumstaunce , yea by vvay of consultation in a publicke conference , as if they vvere caled by authoritye , not as priuat mē , but as publique persones . Besydes this his vvisdome vvolde haue noted an od shifte of deskant by flatterye & dissimulation to gleane sōme credit of the present state in Englande ( for that state is novv settled ) though they haue practized the contrarye in tyme past : A prety toy to mocke an Ape , but it is so grosse as she maye easelye perceue it , and for their merit make them a movv , euen so vvhere their vvordes run so rovvndly to curry fauour ( for feare of displeasinge possessors ) that vvhat so euer a princes tytle be , if once he be setled in the Crovvne & admitted by the commō vvealthe , it is not to be examined by any priuat men : euery man is bovvnd to settle his conscience to obaye the same , And the reason [ for so the ] is that of all other they esteame the honor of a Crovvne to be most irregular and extraordinarie : here his Ma. vvisedome & zeal to regall dignitie generally , besyde his ovvne ptiuat , may discouer diuers fallacies , errors , contradictions , yea & mōstruous absurdities , accompting their common vvelth to be suche as are cōformable to their ovvne exāples , or other vvise as good as they vvolde make it . For by this Doctrine it must folovv necessarilye as most consonant to reason , that the common vvealth vvhiche is to controole regall dignitie ( ī such sorte as thier men appoinr ) hath to chalenge a preuileige to be guided by the holly ghost , not subiect to error , in opinion or sentence iudicially , & so anevv fovvndation of a special maxime must be lay de for heretiques & rebels to buyld vpon it vvhat they list , to vvit R●●●bliea non potest errare , a comō vvealth can not erre vvhich is more then somme comon vvealths vvil allovv to the churche of God. Again it must folovv that no mēber of suche a common vvealth is to be accompted a priuat persone nor priuatly cariēd avvay daylv & hovvrely remouable from his ovvne opinion , nor may examine the matter priuatli before or after he come to conferr therof , or els their admission is not sufficient by this rule of theirs . More ouer thes tvvo lavvyers and all those trauailinge conferers in this supposed assembly at Amsterdame are by this rules condemned beinge all priuat persones for entermedlige thē selfes vvith this matter of successiō touchinge the title of a kinge . Fourthly the state of monarchie vvhiehe thies tvvo lavvyers do confesse & acknovvledge to be of al other formes of gouernement most excelēt & perfect in it selfe , must needs be most contemptible , vnperfect , & infamous of all other because the Ciuilian so esteemeth the tenure of a Crovvne to be most irreguler , & most extraordinarie , for the Ciuilians opinion is the sentence of all thies conferrers , & to be irreagler and extraordinarye is to be vnder no rule nor order , vvher vpon consequētly the kinge holdeth his Crovvne by no rule nor order , & is of hiselse irregular not subiect to rule or order ; And if the comō vvealth be theonely Iudge ouer the kinge to cōptrol him as thies men teache vs , & none is by theire Doctrine appointed nor allovved to comptroll the common vvealths sentēce , thē it must needs folovv , that the common vvealth in this case is also vnder no vvill nor order , & no meruail for a multitude vvithout a head , or of manie heads none good , vvhat is it but a chaos & confused masse ovvt of al order : Thus vve are taught that the vnrulie must rule the vnruly , if an irregular & disordered multitude must gouerne the most irregular & exrraordinarie Crovvne as theis men terme it : Nay by this doctrine , an vsurper , disseizer intruder , impious tyrant , or infidel once admitted by the cōmon vvealth must not be deposed : Again a possession onely must guide the right as the most materiall point to lead thin heritance & succession of a Crovvne ; tvvo assertiōsneuer allovved for good plees in any lavv spiritual or temporal , Diuin or humain , & most vvorthie of ovvt claps , vvith hisses & vvhistles , yet they must both be allovved & maīteined vnder this generall maxime of admission . And so all enormities must be streight rules , vvronges must be rights , violence must be lavv , bad must be good , & good must be bad , if thies be allovved & admitted by a multitude dravven to gether any vvaye to represēt & beare the name of a republick or comon stat , vvhiche for cleanelye conueyhance of a fovvl thinge in a fayre hand kerchife , thies men doe call a common vvealth : a speciall fallacie to abuse the simple ; besides euerie lavvfull king is deposible for or vvithout cause , if the common vvealth dislike him : & euery quarel is a sufficiēt cause to depose a kinge if the cōmon wealth so esteme it , & euery kinge shal be accompted a tyrant , an hereticque , an infidel , or incapable othervvays & vnfit , & consequētly deposible , because the publick state here called a cōmon vvealth holdeth him so to be & is theonlye Iudge of all causes in this case of a kings state & of all cōmisions that must procede from a kinge , for no other Iudge is appointed in thies mens text , A plaine contradiction to their ovvn Doctrin , & an error that thies lavvers vvill not stand to if they be pressed to ansvvere by authoritie authentique . More ouer it must folovv , vpon thies mens Doctrin that euerye multitude so incorporated , as they got the style & tytle of a publick state in their ovvn consceit by pretence , may rightly be called a common vvealth habled by lavv to inioye all the preuileges before mentioned , though they vvant a head , yea thovvgh no vvelth nor commoditie commō or priuat be by them maintened ; And that euery publick stat or suche common vvealth as they haue allovved , may at their pleasure alter chaunge & innouat the caur se of inheritance & succession to the Crovvn , so as they may barre the right & true title all redye cast vpon any persone , by the lavves of the same state , though the same persone be no member of the same state , nor subiect ther vnto by nature , submissiō , or other lavvful meanes . Consequently that the kīge of spaine is bovvnde to setle his consciēce & not impugne the ordinance of the novv English common vvealth , hovv iust so euer his title be for the present , or future tyme , nor to examine any others title allovved & admitted by the same common vvealth , if that negatiue pregnant foisted in to the margent touching priuat men can not be hable to cōptroll the text vvhich bindeth euery man vvithout exception or difference of priuat or publick . And last of all it is sett dovvn in plaine termes , that euery kinge holdeth his Crovvne by the good vvill of his common vvealth as by the onely lavvfull & good tenur of a Crovvne , A playne contradiction to the state of inheritance , and an absurditie vvorthie to haue all manner of scorne & moquerye , neuer auuoched for any plea , neuer mentioned in any booke , rol , or record or vvritting of vvise mā , nor admited in to the thought or imagination of any lavve maker , lavvyer , or other mēindued vvith common sence in Englande , and an hiperbolical fictio against the state of Regall Ma. yet vve must beleaue it , because the Ciuilian saith so , vvho by al thies trauailinge opinions must be allvvayes allovved . Thus vve see that by the Ciuiliās lavve his Ma. tenur vvherby he boldeth his Crovvne must be irregular & extraordinarie , & though he be admitted by his comon vvealthe once setled in his state & therfore not remouable , yet that vvill not serue , if he holdeth his Crovvne as tenant at vvil of the cōmon vvealth vvho may reuoke their admissions vvhē thei vst to finde suche cause as they thinke sufficient , & consequently he hath no state of inheritāce nor succession , vvhat vvould the king Catholicke say to this thīke yovv , if he vvere vvel informed of this particular ? Nay vvhat they of holande and zelande vvil presume , here on to thīke & say for hardeninge theire harts , & mainteyninge theire actual rebellions , euery man seeth & his Ma. can not be ignorāt ; Therfor it is not like that he vvas priuie to the contents of this book so farre as to allovv of it here his Ma. may behold the blinde presūptiō of thies statists vvho dare thus confront his Ma. in the chiefest point of his Maiestical state , vvith such indignities , by abusinge all regall dignitie so lovv as to make it the vassal of eueri arrogant rovvt , of any vnlavvfull assembled multitude that can by hook or crroke , vvile or guyle , flaterye or violence catche & snatche the visard of a common vvealth & for more credit to their excessiue speache also vse his Ma. as a bolster to leane vpō vnder cloak of a licēce to roue freely through his Ma. Dominions vvhere it ruleth and comaundeth . Yea these bold aduenturers do raūge so farre farther as by colour of his Ma. authoritie they dare attempt to stoppe the mouths and pennes of all those that haue vvriten against popularity & vvith infamie of absurd flatterye to blot the names & estimations of those men vvhich haue vvritten in the defēce of the sacred state of a kinge against all popularitye It is not to be doubted that either his late Ma. vvisedome vvould be so vnmindefull as to vvink at suche popular presōption . or that his most gracious nature vvould permitt the paynes & good vvilles of such vvritters to be requited for any scorne full libell put forth vnder the protectiō of his late Ma. ( specially times standinge as they did then . ) Neuertheles though some haue vvritten in defence of Kinges & kingly state & geuen them more immunityes priuileges or prerogatiues then good kinges vvil claime , or good common vvealths are bovvnde to yelde , yet that excuseth not these commen vvealth mē to straye so far forth out of the right vvaye , as to engrosse their bad vvays by priuat monopoles & franchesies in preiudice of Royall fredome and common good of all for I am sure that many haue vvrittē apologies touchinge that subiect very laudable vpon good assertions and propositions vvith limitations , exceptions & allovvāces , al allovvable by lavv of reason & conscience yea most beneficiall to vvhole & sovvnd common vvealths , but quite opposite to the general pro positions & assertions of these lavvyers layd dovvne for the surmised authorities & their broken common vvealths , suche as they haue exemplified as patternes to be folovved . But this proceedinge of these lavvyers is not all that vvas to dislīke the late kīge or this liuing , for albeit this author that carieth vpō his shoulders all the parties named in the sayd libel vvoulde make the late kinge beleeue that all tytles being doutfull his force & might should beare avvaye the Crovvne of Englāde for him selfe or theinfante his daughter , and to facilitat this course made diuerse seminaryes priestes in spayne that vvēt into englāde by threats or fayre meanes to subscribe that in theire conferences there by all possible meanes , they should aduaunce the pretence of the sayd infante : yet since that tyme some of his dependents vvith his priuitie practized the aduaūcement of the late earle of Darby an hereticke to the Crovvne of Englande , vvhich vvrought his vntimelye death as many say , & besides after this he him selfe vvrotte a discour se vvhich vvas sent into Englande & published to many of the best Catholickes there that he vvoulde vvishe & aduise them vvhen the commoditie serued that they should make an election of some principall noble Englishe Catholicke to be their Kinge , so that the late King , might haue seene if he hade liued , vvhat affection & respect this author caried either to him or his daunghters tytle or ther persons , for that as nevve inuentiōs & cōceipts came in to his head , he vvould frame suche nevv titles & covvrses as vvould best fit the marke he shott at for his particular profit & aduauncemēt , vvhich if the late Kinge had liued vvould haue bene a sufficiēt vvarnīge to him for euer beinge abused by the sayd author any more , & no doubt vvill brede the same effect vvith the kinge present & his sister the infante , vvhen they shall knovv thus muche . And as youe may herby see playnly vvith vvhat reasō the kinge of spayne & all monarches in generall are to finde them selues greeued vvith these lavvyers for the litle respect they haue to Regall & kingly authoritye vvhich kinges are for their saftie to prouide for , soe is there none more toched to the quicke by thies lavvyers & aucthor then the kings Ma. of Scotland , nor vvhome they desire to be more defaced touching his persone & Right then he , for then they doe as it vvere assure them selues , that all their drifts & practises vvould haue suche issue as they vvish vvith outlet or empeschement . VVherin first their malice is greatly to be taxed that seake to ruyn & ouerthrovve a king that neuer did any of them hurte , but contrarivvise hath so far fauored somme of the authors function , that in deliuering them from daunger of their liues , he hazarded him selse for the same , as the partyes them selues can not denye if they be asked , besides the fauour that he hath shevved to some Catholickes , & hath neuer vsed persecution against anye vnelest it be against somme verye fevve that haue bene discouered to deale in some practises vvhich he thought might be daūgerous at that tyme to his person & state . Secondely their arrogancy is great in that they vvill determine vvhere the right of the Crovvne of englāde avvght to be , & vvoulde haue euery one to folovv the same , vvhen they dare not auouche their names , being ashamed to iustifie their ignoraunce in the common lavves of the realme & Crovvne of Englande & Genealogies bi the vvhich the right is to be tried , if there vvere any doubt of the kinge of Scotlandes , & yet neuerthelesse they vvoulde haue theire sayinges & courses to disanulle & anichilate the manifest & knovven Right afore all others vvhiche The kinge of Scottlande hath to the Crovvne of Englande due to him first by the quiet possesiō his Ancesters for diuerse hūdrethe yeares haue had frō vvhēce he is first liniallye discended , next for that he is in the first place also by the same meane & vvayes that the pretendors vvhome this libeller setteth dovvne , vvoulde aduaunce them selues , & if neede be can lavvfully & iustly deriue him selfe a title long tyme afore them all to the Crovvne of Englande , And lastly , for confirmatiō of the same kinges right to be the truest & perfectest of all other vvithout exceptiō Sr. Nicolas Saunders that vvas lorde Cheefe Baron of thexchequer in Englande Sr. Antonye Brovvne that vvas lorde Cheefe Iustice of the commen pleas . Mr. Carell called the father of the Iavve attorney for the Queens Ma. of the Duchye , & Mr. Edmonde Ployden , vvhich vvere very vertuous vvise & most famous mē for their knovveledge in the lavves of the realme & Crovvne of Englāde as the like hath not bene for manie yeares , did vvith out doubt & difficultie sincerely & playnely resolue and determine that the late Queene of Scotlāde vvas next heire apparent to the Realme and Crovvne of Englande , vvho vvas his Ma. Mother , & so consequētly she diinge , her heires vvere to succeede , vvho debated this point vvith the aduise of the best Heraults of Englande that could be fovvnde , & had also the opinions of the vviser & skilfuller sorte of the Realme that did accorde vvith them : yet notvvistanding all this , this ignorant author & lavvyers vvithout name neither vnderstanding the lavves of England nor skilfull in genealogies , vvoulde haue their friuoulous and rediculous reasons to be of more ualour and credit then theis a fore rehersed . Lastly thies lavvyers & other are to be noted of great presumption & disobedience that vvith out the authoritie or vvarrant of their superiou's , & specially of his holinesse & others his predecessors vpon vvhō they ought chefly to relye dare ouerthrovve and make kinges forme & frame comon vvealths after their pleasures & fancyes , as thoughe they vvere the superious vpō vvhome Pope & all persones of vvhat qualitye so euer are to depēde , & frō vvhome al persons are to receaue & take their directions for spirituall & temporall affaires , vvhich hovve great an absurditye it is for thē to thinke that all vvise mē do not see their rashe folishe & dangerous courses , vvherunto they pretende doth argue ther insolenty , & pride so much to blinde their Iudgement , as that they see not hovv their deuises & drifts vvilbe vvhoped & hallovved out of all mens conceipts that be indifferent and that vvould haue their Countrye kept from tyrāny & spoile of ancient nobilitie , lavves costumes & priuiledges , vvhich is that it semeth these masqued author and lavvyers most desiere . And it semeth straūge to vvise & vertuous people that this author & disguised lavvyers makinge shevv to be Catholickes , & to aduaunce gods cause folovv not the patterne & example of his holiness & predecessors vvho haue euer helde milde & modest courses tovvardes the kinge of Scotlāde , moste aggreable to the Apostolicke , Romaine Catholicke church , vvhich is a svvete Mother esteeminge it the best and rediest vvaye to dravve & gaine suche princes to the right & true religiō as be out of the sayd Churche specially not of malice but by Education , And yet these phantasticall Aucthor & lavvyers vvould haue all violente & furious courses exercised against the sayd Kinge , As depriuation of his ovvne realme and right to the Crovvne of Englāde , yfit laye in their povver Thoughe they see by dayly experience that both princes & other particular persons of great qualitye that falle from theCatholicke Churche beinge once in it , & vvere accompted as desperat persones for euer returninge , yet since haue reconsiled them selues vvith great repentance and haue done notable seruices by theire examples , in procuring & hasteninge others of principall ranck to be reconsiled , as namely the most Christian kinge of fraunce hath done , for the vvhich he deserueth immortall fame . And therfore since God hathe geuen his grace , that suche remember to returne to the right vvaye that vvere strayed forth of the same , as also hath called and doth call dayly infinit nombers that haue bene borne & bred vp in heresie , in many places & specially in Fraunce , vvher of late haue bene recōsiled to the Catholicke churche , as it vvere manye vvhole to vvnes and cities of people , & that vvhich is gteatlie & miraculouslie to be noted , the chefe occasion & instruments hereof to be by thre persons conuerted to the Catholicke faithe , that vuere in theyr kinde & qualitie the most sharpest and bitterest enemies against the Catholicke cause , that is to say , the kinges Ma. of Fraunce that novve is a most mightie Prince , the bishop of Eureux a very learned Prelate , and Monsieur sainct Marye a gentilman of great respect vvherfore should these vncharitable aucthor & lavvers condemne the kinge of Scottlande as desperate to reconsile him selfe to the true churche , since besides that vvhich hath bene sayd of his Ma. he neuer shevved him selfe vvillfull & obstinate in any of his actions but gouerneth him selfe vvith that vvisedome , clemencye , liberalitye , & affabi litye vvithe other singular naturall and morall parts vvhich God hath geuē him that gaineth him great renovvme , & gi ueth great contentement to them that knovve him . And it is verie like that God vvho hath bestovved these notable partes vpon his Ma vvill not refuse him the grace that maye make him knovve God & be best for his soules health demandinge the same as he ought to do , & as vpon good consideration & conference if he vvill accept the same he may do & hereunto no doubt vvill he be the better incited vvhen he shall thinke that it is he onely of his race that svvarueth frō the Catholicke Religiō in vvhich all his noble & Princely progenitors haue liued & died , And specially his most sacred mother vvho sealed the same at her death vvith her bludde for the vvhiche she is a Martyr , & by the meanes vvherof he is a Martyrs sonne , vvhich passeth the dignitye of a kinge or any other vvorldly tytle , And lastly vvhen his Ma. shall here , hovv disceatfully & falslye Plessey Morney did alledge so many hundred places & passages of the doctors & others to maintaine his vvicked doctrine , vvhich being manifestly discouered in his ovvne presence a fore indifferent Iudges of Catholickes , & of his ovvnne Religion , & novv knovven to all the vvorlde , haue procured hi perpetual shame , & haue made many since that tymevvhich accōpted him as one of the chefe heddes & learnednest ofther religiō , to leaue him & to yealde them selues to the obediēce of the catholicke churche . And therfore since there is not desperation of the kinges Ma. of Scotlandes acknovvledginge the true Churche , this auctor vvith his lavvyers maye see vvhat grosse and foule errors they commit , that vvill not let God vvorke his vvill vvho hath the hartes of Princes in his handes , but vvill take vpon them , by speaches vvritinges and practises , to Censure of his sayd Ma. in the vvorst sence that may be to the tuine of his honor and tytle to the Crovvne of Englande , because he doth not iust at that tyme as they vvould haue hi folovve their pleasures and directions , Thoughe his Holiness and his predecessors haue bene & are contented to sitte stil , and be silent , vvithout doinge any thinge against his Ma. and haue reiected all informations vvhiche I haue herd of credit this author or somme of his associats haue caused to be geuen to his Holines or some about him to procure an excomunication against his Ma. And herin it is to be noted , that his Holines & predecessors procedinges and actions ar gouerned and directed vvith ane other manner of spirit , vvisedome , and discretion then those lavvyers haue bene and that they had and haue their scope and ende cheiffye to aduance Gods glorye and rhe true Church , vvith out shovvinge fantasticall humors passion and partiallitye as this auctor and his lavvyers haue done and do : And let them not think hovve smothely and svvhiftly so euer they hope to runne avvaye vvith their driftes and deuises , and that they vvould seeme to daunce in a nette in suche sorte that no man shoulde marke & finde their subtiltyes and craste , but that they be espied and clearely seen , And that vvhen opportunitye serueth ( vvhich perhaps vvill not be longe therunto ) they vvilbe mette vvith all by those that are most interessed , and that the name of the aucthor of the booke of tytles , vvith his odious practises shal be presented to his Holines , and secunded vvith suche manifest profes as neyther his accustomed cauillations , equiuocations , nor doblinge vvill or shall serue for his purgation , but onely simple and playne dealing must be shevved , & than it shall appeare , vvhether princes and others haue iuste cause to be greeued and offended or no , and vvhether this author meriteth not to be chastised and commaunded to retyre him selfe from meddlinge farther in matters of state , vviche shal be best for the publicke good and his soulthes healthe . Notes, typically marginal, from the original text Notes for div A19224-e100 The book of succesfiō is put fourth as a babling libel . The booke vvas preiudicial to the late kinge of spay ne and to this present . The argument of the treatise . The conference to be disliked for three reasons . Tbe scope of the conference . Tbe vvayes to the marke . A general compact of the conserrers so bring englande to the Ciuil lavves Roman . Aspecial compact that tvvo lavvyers , and not lavvmust be vmpiers of this matter . Six Articles of the la - vvyers agreement . The Ciuilian must lead the temporal lavvyer . Popularitye . Popular Doctrin . Feigned mnximes of foreing lavves to direct the Crovvne . Practise for acōmon fame . A furmised dovvtfullnesse . A dangerous insinuation . A sediciouse cballenge . Shyfts to further surmise by complyinge vvith the tyme. Dissimulatitn & duplicitie in speache must be vsed . No heyr apparent must he knovvē . To vvyne tyme by false bruts . The Qvvene must seeme to be put in securitie for her tyme. Things must hes affirmed byvvaye of protestation onely . The late earle of Darbye . The circumstances of effect like co folovv this matter of con ference A vayne euasiō . General mischiefs innouasion Theltbeller nayther pro fiteth the kinge nor the comon cause . Of Disser uice done to the kiuge by this conference . The popular Doctrin , is ill grovvnded . Mischieses in scotlande by this popular Doctrin . Mischiefes in Arragō by the same Doctrin . Mischieues of this Doctrine in the lovve Countrie This book of conferēces vvas not published vvith the late kinges priuitye nor this lininig . No vvise man vvill cōsent to his ovvn The kinge preiudicied in stat by the booke manye vvayes in this dayes specially No kinge sure of his state , but remouable by lavve at vvill of people . A fond assumption of the lavvyers . A cra sty shyft to blere the late kinge & this liuin ge heeyes vvith a contradiction . Flatterye & dissimulation disgraceth any attempt . Blasphemis against the Sac●●●d state of Regall dignitye . Absurdities against bothe king & subiect . A kinge is but tenant at vvil of the people . VVhat vashe boldenesse these difguysed lavvyers shevve . This author and lavvyer mock & abuse the kinge of spayne . The authors extreame malyce against the kinge of scotlande . This author preoccupi ethe the office of a Pope . This author refusethe to take his holinesse for an example . No cause to esteme the kinge of scotlande desperate to be reconcyled to the true Caetholicke churche as theis lavvyers vvolde haue the vvorld to thincke . 
A29953	----	The white rose, or, A word for the House of York, vindicating the right of succession in a letter from Scotland to a peer of this realm. W. B. 1680 Approx. 35 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A29953 Wing B5268 ESTC R2802 13664025 ocm 13664025 101148 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29953) Transcribed from: (Early English Books Online ; image set 101148) Images scanned from microfilm: (Early English books, 1641-1700 ; 838:6) The white rose, or, A word for the House of York, vindicating the right of succession in a letter from Scotland to a peer of this realm. W. B. Brydall, John, b. 1635? [2], 10 p. [s.n.], London : 1680. Signed at end: W.B. Ascribed to John Brydall by Wing and Huntington Library. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession. 2006-05 TCP Assigned for keying and markup 2006-10 SPi Global Keyed and coded from ProQuest page images 2006-11 Mona Logarbo Sampled and proofread 2006-11 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE WHITE ROSE : OR A WORD for the House of YORK , Vindicating the RIGHT OF SUCCESSION , IN A Letter from Scotland TO A Peer of this Realm . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Leges sequi Patrias , pulchrum est . E Clearcho . LONDON . Printed Anno Dom. MDCLXXX . THE White Rose . My Lord , I NEED not acquaint your Lordship , what a general sorrow invaded us , upon the departure of His Royal Highness from amongst us , when I tell you , that we lookt upon , and esteem'd his coming hither , to be one of the most signal Honours that hath been done Our Nation , since the happy Restauration of His Most Sacred Majesty . The benign Influence of this generous Prince , vouchsaf'd to our cold Clime , seem'd like the welcome Approaches of the Sun , to the benighted Indians , who are said to welcome that glorious Luminary with the Extatick Acclamations of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . If ever Our Nation had any Affinity to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whence Etymologists tell us 't is derived , 't was at the departure of this Great Duke ; I cannot , without fresh Reluctancy , acquaint your Lordship , what a mutual uneasiness and trouble was exprest at parting , His Royal Highness assuring us , That nothing , but the satisfaction of waiting upon the King , could ballance the trouble he had , to part so soon from us : On the other hand , we made our humble Acknowledgments , for the great happiness we had in his illustrious presence , and how much we were obliged to his good Advice and Conduct , protesting , That as Our Allegiance obliged us to venture our Lives and Fortunes for His Majesty , our Affections to His Royal Highness would engage us to do the same for Him , if His Occasions should require it . This Royal Heroe , like the Dove turned out of the Ark , took footing here , finding the threatning Inundation abated ; and , I hope , is some time since , returned with Safety , and the Olive of Peace , having compleated that Imperfect Conquest which left us but too many Instruments of Revenge ; for I am confident , we have now few Male-Contents here , but what his Departure hath made . Those Mists were dissipated so soon as his Royal Rayes broke out amongst us ; for 't is this Gracious Prince's Peculiar to subdue the heart , ( whilst Others can only tame the Violence of the Man ) and make Rebellion lick its own lips and mis-shapen Issue , into the beauty and symmetrice of Subjectian and Loyalty , From the secret instincts of Nature , Birds and Beasts , are taught to obey the Eagle and Lyon : though several are hardy enough , to undertake unequal Matches , from any of the Lower Rank , especially , if edg'd by Keen hunger , or Exasperated by bloody Revenge ; yet the same Wolfe that bristles at a Bear , will crouch to the Lyon ; insomuch , that Ethicks seem amputated from the Rational , and grafted in the Sensitive Stock . We know what Birds , with greatest noise proclaim their Encounters , as if mighty matters were Atchiev'd , when a sew despicable Vermin are the sole Trophies of the scorn'd and derided Victor , who mistakes the chattering of the multitude for Ovations , and Io Triumphes , and the Fights of a Coffe House , or the Registry of an Intelligencer , sufficient Records to eternize his illegitimate fame and glory . Should I recount the Atchievements of His Royal Highness for the Peace and Safety of the Three Kingdoms . I should intricate my self in a Labyrinth , too tedious for Your Lordship to expect my Regression ▪ and possibly offend the Virtue of that Prince , which as 't is the blessing of this , will be the standing Wonder of future Ages ; a Prince whose Heroick Spirit , glories in great and adequate Actions , taking a greater complaisance and satisfaction in doing brave , than in hearing of it . In short , all that can be said upon so glorious a Subject , will be so far from Panegyricks , that 't will be but telling men , when the Sun shines in their Hemisphere , 't is Day . I proceed therefore to a nearer Observance of Your Lordship's Commands , and the Letter you were pleased to send me , in which I find so much writ , and so well , in Vindication of the Right of Succession , that the Author hath almost anticipated all further Discourse upon the same Subject . However , I shall presume to advance the Superstructure a Story higher , since the Foundation seems so firm and supportable . I must confess you have as much engag'd me out of my Province , as if Architecture were the thing to be considered of indeed . But yet I shall shew my Obedience , as well as Vnskilfulness in the performance of your irresistible Commands . I have ( since the contracting of this weighty Point ) lookt into such Books of Law and History , as I am at present furnisht with , which assure me that the Course of Right Succession to the Crown , is not to be diverted from its proper Channel : Or if you please ▪ The Descent of the Crown in the Right Line , cannot ( de Jure ) be impeded by any Act or Deed whatsoever . This Proposition I shall endeavour to evince , by Authority and Reason , proceeding by an easie Climax or Gradation to the Matter , and consider it first in its less questionable Instances . And first , says an (a) Antient Author , Roys ausi ne pourront rien aliener , en droit de leur Corone , ne de lour Royaltie , que il ne soit repealable per lour Successors . With which (b) Mr. Lambard in his antient Laws of England , concurs , in these words , Debet , de Jure Rex Omnes Terras & Honores , omnes Dignitates & Jura , & Libertates Coronae hujus Regni , in integrum cum Omni integritate , & sine diminutione servare & Defendere . So that the Alienations of Kings , in the Right of their Crowns , are repealable , by their Successors , and that they are bound by Law , to defend and preserve all the Lands , Honours , Dignities , Laws and Liberties of the Crown entire , with all integrity and without diminution . The Opinion of all the Judges and Doctors , both of the Civil and Common Laws , assembled in the Exchequer-Chamber upon the Demise of H. 4th . was , (c) That the said King might make a Will , and give Legacies , but that he could not bequeath the goods of the Realm , ( vizt . ) the Antient-Crown and Jewels : much less can a King dispose of the Soveraignty it self . In the time of (d) Ed. the third about the 40th . of his Reign ▪ the Pope , by his Legate , demanded of the King Homage , for his Kingdoms of England and Ireland , and the Arrears of 1000 Marks per Annum , granted by King John , to Pope Innocent the 3d. and his Successors ; and threatned that if it were not paid , the Pope was resolv'd to proceed against the King , by Excommunication &c. Whereupon King Ed. called a Parliament in which it was declared by the Unanimous Consent of the Lords and Commons , that no King can put Himself , his Realm , or People , under a Foreign Subjection , without Assent of the Lords and Commons , in Parliament ; and therefore if King John had done it by the Common-Council of his Barons , as his Charter purported , yet it was altogether invalid , for that it was not done in Parliament by the King , Lords and Commons ; and albeit it might , ( though it appears it could not without Authority of Parliament to back it ) yet it is contra Legem & Consuetudinem Parliamenti , to do such an Act ; as by the (f) Record appears ; by which it was declared in full Parliament upon demand made on the behalf of the King , that they the Lords and Commons could not assent to any thing in Parliament that tended to the Disherison of the King and his Crown , whereunto they were sworn . Upon the same Principle , the Attournment of Tenants , seems to have its Basis , and is Requisite , where Lords dispose of their Mannors , Ne Capitalibus Inimicis subjugentur , that they may not be subjugated to their Capitall enemies . Sr. Edward Cook tells us , that the Dignity Royal is an Inherent inseparable to the Blood Royal of the King , and cannot be transferred to another , It is said that Edward the Confessor , gave William the Conqueror , a Colour to claim the Crown of England , by a Donation made by Testament ; which Act was not of Power to prejudice the State , or alter the Course of Right succession , and the Reason rendred is this , that the Crown of this Realm being held not as Patrimonial , but in a Constant succession by Remotion , ( which is a succeeding to another's Place ) it was not in the Power of King Edward to Collate the same , by any Dispositive and Testamentary will , the Right descending to the Next of blood only , by the Custom and Law of the Kingdom . We read in our English Histories , that King Richard surnam'd Ceur-de-Lyon , depos'd himself of this Kingdom , and Deliver'd the same to the Emperor , as his Supreme Lord , and invested him therein , by delivering of his Hat , But 't was adjudg'd that this Investiture , could not prejudice the State , nor alter the course of Right succession , though it might Keep the Kings-Head cold , as the Statists of those times observ'd . The Civil-Law Asserts , Principem cum omnia possit , Res tamen Imperii abalienare non posse , and the municipal Constitution of France is , that the French King cannot dispose of the Soveraignty of the Kingdom : so that foreign Laws Concur with Our Own in this Point , which have had the suffrage of the whole Kingdom , for these many hundreds of Years , being as Iudge Fortescue defines them , an Artificial Perfection of Reason , and the Productions of much Wisdom , Time , and Experience . The Law is Sanctio Sancta , jubens Honesta , prohibensque Contraria : to which (a) Cicero is Parallel : Recti praeceptio , pravi est depulsio . Having in its Prospect the same which Religion hath , ut Cives bonos efficiat , that it may make men good . being Iuvenibus Regimen , Senibus Solamen , Pauperibus Divitiae , et Divitibus Securitas , Religion is to the wicked and faithless a Jurisdiction against which they readily Rebel , because it rules severely , yet paies no worldly recompence for Obedience , Obedience being by every human Power invited , with assurances of visible advantage . The good need not the power of Religion to make them better , for her power proceeds from threatnings , which ( though mean weapons ) are fitly used , since she encounters a base Enemy . It may be Observ'd , that all virtuous men , are so taken up with the Rewards of Heaven , that they seem to live as if out of the world and ; no Government can receive assistance , from any man meerly as he is Religious , but as that Religion makes him active in temporal things , 't is acquaintance with the world , and knowledge of men , that makes abilities of Ruling , for though a sufficient belief of Doctrine , would beget Obedience , ( which is the grand design of Government ) yet since diversity of Doctrine , distracts all Auditors , and makes them doubtfully dispose their Obedience , therefore Religion hath little to do in Government , and an active spirit is fittest for the menage of an Empire . But however I think it cannot Rationally be presum'd , that any Governour would purely for the sake of Religion , subjugate himself and People , to a foreign Power , and make that which is design'd for the safety of our Souls , the grand Instrument of our Destruction . When the People consider a Ruler they would have him all Dove , whereas Policy teacheth him to be most Serpent ; though they look upon this as more dangerous , than the ills it would prevent , and that outwitting the People is but giving Reputation to falshood and corruption , and maintaining the Publick by Politique evils , and the base prostitution of Religion . I shall not upon Machiavel's word , Recommend Dissimulation and Cruelty for Cardinal virtues and as the best supporters of Authority ; for a Prince ought to refuse a Kingdom , and retire to Privacy , rather than Reign to the Ruine of Mankind : but when we consider the mutual sympathy ( as between the Head and Members so ) between a Prince and his Subjects , and the complication of their Interests , and that their happinesses and miseries proceed from each other mutually , it cannot be presum'd , that a Prince of approv'd wisdom , should so mistake or divide the Interest , as to precipitate them into Ruine , only to undo himself by the Rebound , But to Return to my Province , it may be demanded , whether there are not foreign Examples to be produc'd , that Kingdoms have been transferred from one Prince to Another , by a voluntary Gift ? I Answer Affirmatively , and shall instance in two of the chiefest which occur to my Memory at this time . The One is of Alphonzo King of Arragon and Sicily , who having conquered the Kingdom of Naples from the Duke of Anjou , Gave it to his Natural Son by his last Will and Testament . The Other is of Alphonzo el Bravo , King of Castile an● Leon , who having conquer'd Portugal from the Moors , Gave it in Marriage with his Bastard Daughter to Count Henry of Lorrain , so that here are two Examples , one by Testament , the other per Donationem inter Vivos . But here is to be noted , that no Ancient or Hereditary Rights were dispos'd of , but the Conquerors new Acquisitions , for 't is Affirm'd by most Lawyers , that no King in a Monarchy , that is by the ancient custom and fundamental Laws of the Realm meerly successive , either to the Heirs male or Heirs general , can any wayes dispose of his Kingdom , in prejudice of the next Heir in blood , according to the Custom ; no not , though the Parties interessed , should Commit Treason , or be excluded by any Act of the States or Parliament . That Treason cannot avoid a Lawfull succession in blood , We have an Example in Louis the 12th . Who was in Armes against Charles the 8th . both Kings of France , and Our Own King Henry 7th . stood attainted of high-Treason at the time of his coming into England , and by the Judges in their Consultation , in the Exchequer Chamber , what should be done for the King concerning his Attainder , it was with unanimous consent Resolved , That the Crown takes away all defects and stops in blood , and that from the time the King did Assume the Crown , the fountain was cleared , and all Attainders and Corruption of blood discharged : but however for the sake of Honour ( says the Lord Verulam ) it is ordain'd by Parliament that all Records in which there was any memory or mention of the King's Attainder , should be defaced , cancelled , and taken off the Flie. So in the Case of George Duke of Clarence , We find the Pue'ple ( though he was their great Favourite ) were not much concern'd about his Attainder , since they had Learnt by the Kings Example , that Attainders do not interrupt the Conveying of a Title to the Crown . Hence it is Evident , that by the Laws of this Kingdom , there can be no Inter-Regnum within the same , and that immediately by Descent , the next Heir in blood is compleatly and absolutely King , without any essential Ceremonies , or Act to be done , Ex post facto ; and that Coronation is but a Royall Ornament , and outward Solemnization of the Descent . Thus having considered the Subject in the less Disputable Instances , I come to the Grand Doubt , That is , Whether An Act of Parliament may alter the Course of Right Succession in Blood ? There are , I must confess , Statutes that make it Treason but to deny it , but never otherwise made , then only for fear or flattery of the present Prince , and after , never observed ; and I am confident , 't is the Desire of the sober and temperate sort here , That any New One of that nature , may have the same Fate . I hope we are pretty well secur'd , having a King of such excellent Wisdom and Princely Virtue , bearing such a sacred regard to His Laws , that the Royal Assent shall never be ravisht from him , to stamp such an Adulterate Coin , as must pass Currant for disabling His Royal Successor , to inherit the Crown of these three Kingdoms . Should our Statesmen suffer this Remora to ding to the Great ship of Government , in which they are the trusted Pilots , Government would be at a stand , nay wreck'd by that which was design'd for her safety and Establishment ; and the People , who are the Lading , a fraight more dangerous and much looser than any other living stowage , being usually as troublesom in Calms , as Horses in Storms , fall into the hands of Algerines even in there own Harbours ; for where could Liberty and Property tide safe at Anchor ? We are perpetually exclaiming ( with the highest detestation ) against the King-killing Doctrine of the — Jesuits , whose Principles , like the fruitful slime of Nilus , have increast into so many various shapes of Serpents , whose windings are so intricate and unknown , that even Justice her self the painful pursuer of evil men , is almost wearied out . I have made a Break before the word Jesuite , that your Lordship may add your own Epithet , for I know none bad enough , for those worst of men , who seem like Machiavel's Belphagor dispatcht from Hell in human shape to negotiate the Devil's Affairs . Their Order I must confess is specious , and I need not tell whence it is deriv'd , since Boys of the 2d . or 3d. Class can do it ; But they are no more like their Primitive , than Snow's like the Sun , which warms the Earth by Antiperistasis , just as these men would save it , by Destruction ; when I consider these Men , they seem like those of Cadmus sprung from the Serpents Teeth , 't is no wonder to find them of such a Serpentine Nature ; I can not think them Christians but that their Baptismal water was so far from being Sacramental , that 't was some of the WHORES own making , fit for the putrid Spawn and Gender of such , Toads I won't call Them , since they are not at Once Poyson and an Antidote , but the first altogether ; and though one of their Saints by his whistle , purg'd Ireland of all Venemous Creatures , yet they can live there and retain their Natures , and when they come croaking into the Pallaces of Kings , they prove a worse Plague than those did to the Egyptian Monarch . I wish all Christian Princes may prove to them as the Stork to the Froggs in the stable , Kings not to Protect ▪ but Devour : I have made this Digression , first to Justifie my self in your Lordship's Opinion , in the next place that whilst we are Exclaiming against the Pernicious Principles of these men , we may not improvidently lay the foundations of far worse ; for 't is less barbarous , to destroy a Prince altogether , than keep him perpetually tortur'd with the loss of three Kingdoms , and by a Civil death make him survive the Funerals of his own Royalty . Let us leave off Annually to Commemorate that Royal Martyr and best of Kings , Charles the first ; unless we resolve upon better usage , towards his Royal off-spring , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , fiat Justitia , ruat Coelum . The History of Saul and David , which we have recorded in Holy Writ , is worthy to be adverted to ; when at En-gedi and in the Valley of the Ziphims , David , who had Saul twice at mercy , and was hunted after as a Partridge , a Flea , and a dead Dog , even for but cutting of the Lap of his Garment , was wounded in his heart since Saul was his King , his Master , and the Anoynted of the Lord. But to come nearer to this great point . In the Civil Wars , between the Two Houses of York , and Lancaster , how many Statutes have been made in disherison of the Line of York , and all vanished into smoak . That of H. 8th . in disherison of Queen Mary &c. And confirmed by another Statute of the same Kings , how have they been observed ? and lastly the great Act which gave Authority to the King that after his own Line , he might dispose under his Great Seal , or by Will , of this Kingdom , have we not been sensible of it , to our lasting Joy ? how happily it hath been neglected , so far as that the case , which is put in the statute of extinguishment of King Henry the 8ths Line , and a Will made ( such as it was ) to the disherison of the Scottish-Line , the validity whereof , was never so much as once considered upon by the great Council of the Kingdom , as being a matter , that whether the same were a Will or not , skilled not at all , the Act it self being a void Act , that should have given life and validity to the Will. So that we may say with the Rhetorician , multi quidem utuntur malis Consiliis , num me autem dextro , quibus quod malum designabant , cedit in bonum ? To what hath been already said , I shall add the Judgment of that Ingenious and Learned Gentleman Mr. Roger Coke , whose words are these . No humane Law can create a humane Right ; Jura sanguinis nullo Jure Civili , dirimi possint . Nor is this Right of Succession , from divine positive Laws , but observed as well where God's Revelation of himself is not received , as where it is . And if according to the Resolution of all the Learned Judges in Calvin's case , Subjection is from no humane Law , but from the Law of Nature , then of necessity must Regal-Right and Inheritance , be from the Law of Nature ; for no man supposeth subjection , where he does not presuppose Power . The Acts therefore made by H. 4. H. 5. and H. 6. Which intailed the Crown upon their Heirs Males , were void , and wholly to be rejected : So likewise were the Acts of Rich. the Third , and Henry the Seventh , which intailed the Crown upon Them and their Heirs . But peradventue , though your Lordship may approve of what hath been here offer'd , yet ( with others ) You will be ready to Object , that all this and much more must be layed aside for the preservation of Our Religion , against the dangers that threaten us from the Romish-Church , and that 't is not so long , since our Ancestors drew their gauled Necks from that heavy Yoke , but that still Manet al● â mente Repostum . I must confess , if the Multitude ( whose Character it is , aut humilitr servire , aut superb dominari ) are proper Judges of this Point , and that the Machines of State , must turn upon their Hinges , the Verdict may pass against me , yet I shall not magnifie the Politicks of Euripides so much , as to say , Jus regnandi gratiâ Violandum est , aliis in rebus pietatem colas . This indeed is to make the Mistress serve the Handmaid , to make Religion truckle to Policy , as if the seasons of the Year , ought to accomodate themselves to Men , rather than Men accomodate themselves to the seasons . Policy presupposes Ethicks , and so the footsteps of that ancient virtue , are almost worn out and invisible . But can the Consideration aforesaid , be so weighty as to preponderate that of Nature ? for we are taught in our Church , That the Ties and Bonds of Duty and Subjection , even to Heathen and Idolatrous Princes , are Sacred and Inviolable ; Dominion and Soveraignty being the Ordinances of God , not as he is the Author of Grace , but as he is the Governour of the World , and therefore the duty of Children to their Parents , of Servants to their Masters , and of Subjects to their Prince , is not a Consequence of Christianity , but a Principle of Nature , and consquently unalterable , upon the score of Religion . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The very Morals of the Heathens ( had we no Bibles ) teach us a Passive Obedience to Princes ; that we ought patiently to Indure Governors , though set as a scourge over us , and Pray to the Immortal Powers for liberation . Nay there is a subjection due even to Tyrants themselves , Neque Quenquam Tyrannum occide , Deorum foedera iniens ; and why ? Imago Rex est Animata Dei , Regem ergo cum tibi Dii paraverint sis Eo dignus , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ The Greek Poet could tell us , that Kings are by Divine Ordination , and he that shall kill a King ( though a Tyrant ) is as much a Regicide , as he that destroys a Prince of the most gracious and clement temper , This Consideration made the great Duke of Norfolk , so highly Espowse the interests of that bloody Vsurper Richard the 3d. who notwithstanding the Caveats that were sent him by the Adverse Party , in this Distick . Good Jack of Norfolk be not too bold , For Dicon thy Master is bought and sold . Made him break out into these Expressions of his Loyalty ; That were the Royal Diadem placed upon a Stake , he would there sacrifice his Last drop of blood and serve his King with a Victorious Sword or a Glorious Death . A King is the Animate Image of God , nay we know who it is that says , I have said that ye are Gods , He then that shall oppose their Rights and Interests , what is it , but Gyant-like , to invade Heaven ? None but God can make an Heir to a Crown , says Sir Edward Coke ; solus Deus haeredem facere potest : and this Heir , is but an Heir in fee to Lands or Tenements , according to Common Law or Custom : if then only God can make such an Heir , and the Kings of England in their Royal stiles , Acknowledge the Tenure with a Dei Gratia , the Emperor with a Deus dedit , and the French King with a Dieu Done , surely None but the same Superintendent Power ( by which Kings Reign ) ought or can Dispossess or disinherit Princes , from their Rights fenced with the Laws of God and Nature , and establisht upon the foundation of humane Laws and Customs . What Atlas shall support the State of the Ruinous and Tottering world , in these perilous Ends of time , whereinto , as into a Common sink , have sunck all the foul Enormities of former Ages ? We live not only in the Iron Age of the world , but in the very Rust of it , and may take up the complaint of Old , that Justice hath left the Earth , that Truth sculks into by-Corners , that they are good Mistresses indeed to those that Keep them , but such as follow them too close at Heells , may have Raggs and broken Heads . May the Parliament Prove so many Catos or Fabicii ; of whom it was said , that the Sun might as soon be altered in his Race , as they in the Course of Justice , that they may give no more occasions for Dissolutions , as if frequent Dissolving Parliaments , were like drawing of Spirits in an Alymbeck , the oftner the more refin'd and Essential . The Law is the Pulse of the Common Wealth , when it beats not at all the Common Wealth is dead ; if it have but slow motion , 't is weak ; if too quick , feaverish and in a fatal Hectick ; but if it keep an Equal Course , then the Common Wealth is in a good Constitution , True is that of a Learned Politician in the Curious Clock-work of Justice , the Least Pin or Wheel amiss Distempers and Disorders All , and Causes the whole frame to be taken in Pieces ; and 't is heartily wisht they may keep time with the Royal hand ; and strike as that Points . Thus , My Lord , having given You a brief account of my thoughts in such a weighty matter , I humbly take my Leave and subscribe my self , My Lord , Your Lordships Most Obedient Servant , W. B. Notes, typically marginal, from the original text Notes for div A29953-e140 (a) Brit. Cap. 34. de Donis . (b) Tit. de Reg. Off. f. 130. (c) Fitz. H. Abr. Til. Devise . n. 5. Exec. n. 108. (d) Rol. Parl. 40. Edw. 3. n. 8. (f) 42 Ed. 3. n. 7. Lex & Consuetud . Parliamenti . Lib. 12. f. 28 Dan. Hist . of W. first . (a) Lib. 2. de Nat. Deorum . 1 H. 7.4 . Plowd Com. f. 238. Cok's Litt. f. 16. Ann. H. 7. f. 8. 1 Sam. 24.26 . 25 H. 8. c. 22. 26 H. 8. c. 2. 35 H. 8. c. 1. Lib. 3. c. 2. of Inherit . & Succession . Sen. Coke Litt. Sect. 1. 
A02624	----	A prophesie of Cadvvallader, last king of the Britaines containing a comparison of the English kings, with many worthy Romanes, from William Rufus, till Henry the fift. Henry the fift, his life and death. Foure battels betweene the two houses of Yorke and Lancaster. The field of Banbery. The losse of Elizabeth. The praise of King Iames. And lastly a poeme to the yong Prince. Herbert, William, fl. 1604. 1604 Approx. 118 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A02624 STC 12752 ESTC S103828 99839573 99839573 4005 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A02624) Transcribed from: (Early English Books Online ; image set 4005) Images scanned from microfilm: (Early English books, 1475-1640 ; 1070:03) A prophesie of Cadvvallader, last king of the Britaines containing a comparison of the English kings, with many worthy Romanes, from William Rufus, till Henry the fift. Henry the fift, his life and death. Foure battels betweene the two houses of Yorke and Lancaster. The field of Banbery. The losse of Elizabeth. The praise of King Iames. And lastly a poeme to the yong Prince. Herbert, William, fl. 1604. Cadwaladr, Vendigaid, d. 664? [70] p. Printed by Thomas Creede, for Roger Iackson, and are to be solde at his shop in Fleetstreete, ouer against the Conduit, London : 1604. Dedication signed: William Harbert. In verse. Signatures: A-I⁴ (-A1). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Poetry. 2006-06 TCP Assigned for keying and markup 2006-06 Aptara Keyed and coded from ProQuest page images 2007-06 Ali Jakobson Sampled and proofread 2007-06 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PROPHESIE of Cadwallader , last King of the Britaines : Containing a Comparison of the English Kings , with many worthy Romanes , from William Rufus , till Henry the fift . Henry the fift , his life and death . Foure Battels betweene the two Houses of Yorke and Lancanster . The Field of Baubery . The losse of Elizabeth . The praise of King Iames. And lastly a Poeme to the yong Prince . LONDON Printed by Thomas Creede , for Roger Iackson , and are to be solde at his shop in Fleetstreete , ouer against the Conduit . 1604. TO THE NO LESSE VERtuous then Honourable Gentleman Syr Philip Herbert , Knight of the most noble order of the Bathe . RIght worthy Sir , the honor which I beare , And euer will vnto your worthy line , Makes me presume ( presumption cannot feare ) To tender you this litle Booke of mine : Whose substance if your honor will approue , My lines shall limits want , so doth my loue . That man of men whose fatall name you beare , Of his vnnumbred worthes the chiefe were these : Three glorious wreathes vpō his brow to weare , Which said he , loued learning , warre , and peace . O aemulate this man the sonne of Fame , Haue all his vertues , though but halfe his name . Pursue thy first designments ( noble Knight ) Affect thy Country , and admire thy King : The Epistle Dedicatorie . Be as thou art , sincere in all mens sight , Do this , and I thy praise will euer sing . I smoothe not I , nor do I hope for gaine , Accept my loue , and so requite my paine . The admirer of your vertues , whose life is deuoted to your loue . William Harbert . THE AVTHOR TO HIS Poeme . TRace the wide stage of spight and proud disdaine , And mount the steps of scornefull enuies staire , Imperfect embrion of an idle braine , Soare not aloft , vse meane , do not despaire , The best way is betweene the sea and ayre : Be like thy selfe , be neither proud nor base , One enuy gets , the other gaynes disgrace . Be not too huge in shew , in strength a childe , These imateriall Epithites eschew , Be to the scornfull proud , the humble milde , Put not thy censure to an open view , Speech enuy oft , but Silence neuer knew . When thou seest good then prayse , when bad be blinde , Then wit will beare with thee , and fooles be kinde . To the Reader . I Which in silence nest so many dayes Smoothered the slight of my vnfeathered quill , Because I knew it could not merit prayse , Here where the Muses sang and shewd their skill , For this did seeme to be Parnastus hill : But this amaz'd my minde , and grieu'd mine eye To see the Buzards with the Eagles flye . To see a troupe of Souldiers neuer tride , Besiege a fort by nature fenc'd on high , I was asham'd to see the heires of pride , Debase in vnexperienc'd Poetry , The immortall vertues of great Maiestie , I these are they that do the Muses staine , One wanton pen makes all be iudged vaine . I which securely on these errours gaz'd , And safely stood vpon the silent shore , When others Ships by enuies rockes were craz'd , Loue me constrain'd , as pride did them before , To trust the rockes and leaue the silent shore : The loue of friends , not prayse did me perswade , Against my will , against the streames to wade . Therefore to you whose iudgement is sincere , If any fault , as many faults there be , Seeme harsh and iarring to a tuned eare , Impute the blame to those , and not to me , Who made my pen shew his infirmitie : If any good as small there is you see , Reape you the profit , yeeld but thankes to me . A PROPHESIE OF Cadwallader , last King of the Britaines . SItting with Clio by the gliding Thame , neere to her siluer girt the verdant strand , I saw Rhamusis so adornd by fame : Dauncing in measures , on the farther sand , Holding a Ball of gold within her hand : She stood on that , that neuer stood but went , So must all those that trust her gouernment . Then did this Queene , her wandring coach ascend , Whose wheeles were more inconstant then the winde , A mighty troope this Empresse did attend , There might you Caius Marius caruing find , And martiall Scylla courting Venus kind : Times alter , and in times we changed bee , Chaunce onely constant is in leuitie . There might you see how Archimedes art , As a strong bulwarke guarded Syracuse : How Scipio fought and Cato stabd his hart , How Anthony did wrong the sacred muse , And Cleopatras body did abuse . How Mago fell in Spaine , and Hanniball Did pitch his tents before Saturnias wall . His stratagems , his snares , vnequall fightes , Scipio , Sempronius , and Flaminius slaine : Aemilius dead amidst his wounded knights , How chance his youth with praise did entertaine , And in his age how Fortune wrought this paine : All this shee did , oh man her fraude perceiue , And trust her not , for shee will thee deceiue . How Alexander rose at Darius fall , Lysimachus within the Lyons den : How Scypio did besiedge Numantias wall , And many thousands more which scape my pen , Amongst this fatall troope of Fortunes men : I saw an aged king except I erre , That cleaped was the high Cadwallader . He was the last , saue three of Fortunes trayne , Those were a Danea , Saxon , and a Norman king : Hengist the first , next was Denmarkes swayne , The last was Normanes bastard , which did bring Plenty of Ioy ; whose praise the English sing . William , whose valure mixt with happy fate , Brought bondage to the Iuthes and Augles state . The Britaine Monarch ware a simple Crowne , Hauing small beades of Amber by his side : A siluer Crosse , a Friers white frize gowne , Vpon an humble Asse this King did ride , As white as snow , or as the siluer tide . One hand a staffe , the other held a booke , On which his eyes continually did looke . Wherein were charactred in lines of gold , Locrinus warres , and Humbers tragedy : The King himselfe by Gwendoline controld , The Scythians paramour of Germany Estrilda drownd , the praise of Hungary . Sabrina thrust in Seuerns flowing maine , Poore Madan by the curres of Ireland slaine . The Britaine Manlius , not the Romane knight , Thinking to slay Mempricius Madans sonne : Himselfe was by his brother slaine in fight , And he by wolues ( as Madan was ) vndone , For Sodomes gilt to lust his mind had wonne . The foremost booke did Britaines raigne relate , The next of Swayne , the third of Saxens state . The fourth and last did write of Williams raigne , In which there was an ancient prophesie : Written of yore , confirmd by Merlins twaine , What should ensue to Williams progeny , Was there at large expainde in poetry . The warres of England for the crowne of France , There many battels with their mournfull chance . The ciuill warres of Yorke and Lancaster , The Cambrian helmet changde for Englands crowne : How true discent did Tudors blood preferre , The brow of peace dispearced Mars his frowne , The land of warre is rulde by iustice gowne . These shall haue end , then shall arise a King Which plenty shall conduct , in concords string . He with vnnumbred linkes of reasons chaine , Shall three in one , and one in three vnite : Britaine should be the name , for Brute doth raigne , A King commands no Princes fauorite , This he intreates , for this his penne doth write : Cease to command , learne subiects to obay , Reason where iustice rules , beares greatest sway . Is it not peerlesse praise with peace to gaine , That for the which , our fathers spent their blood : And neuer age but ours could reobtaine ? O happy men if that you saw such good , But will is masked still with errors hood . Let ture obeisans vp this diet breake , So Caesar wils , so Cicero doth speake . The fect was this , the prophesie was such Which he had read with carefull industry , And quoted euery line with iudgments touch , A midst his study casting vp his eye , Seeing his mistresse Fortune was not nye . His booke he sleightly set into his gowne , Which on the yellow sand fell quickly downe . Thence posted he on his maiestique Asse , Like some slow rider pacing to the race : Than Isis siluer channell did I passe , And thither went , where as mine eyes might gaze On that faire booke , clad in a golden case . I past the Annales , for it pleasde mine eye , To muse vpon that sacred prophesie . When I had read vnto the latter lyne , I saw the aged king returne with speede ? Kind Syr ( quoth he ) saw you a booke of mine ? I Syr ( quoth I ) if this be he indeed I gaue it him ; he gaue me thankes for meed . He posted thence , I to my study went , Where on this matter many houres I spent . At last I was resolu'd for to relate In Poetry the things mine eyes did see : Which was the vncertainety of humane state , To paint the things a right with equitie , I did implore the ayde of memorie . Which she denide ; Oh worthies pardon mee , If ought I write amisse which you shall see . Not Orpheus trees , and birds inchanting quill , Nor Homers art heere ( Reader ) shalt thou see : Expect not Ouids verse , nor Maroes skill , For if you doe , you shall deceiued bee : If bad it is , pray gentles beare with mee . Say it is meane , thou dost mee much commend , I 'de haue it meane , because I meane to mend . Mistake mee not , I liue in hope to please : Dispraise mee not , before thou knowest mee well : Maugre sweete , not reuenge , my lines loue peace , Doe not my shame before thou seest it tell : Marke euery line , and each wordes nature spell . Ere thou beginst to reade , looke , beare in minde Of whom I write , yea how , and in what kind . Faire Englands Peeres with Romanes I compare , Their warres , their spoiles , their fightes and victory , Their filthy vices , with their vertues rare : Their laud , dispraise , their praise and infamy , Their conquests triumphes with their treachery . Then doth our muse declare intestine warres , Kings conquering fields , and Princes wounding iarres . Then doth she mount the ayre with Eagles winges , Then to the North shee goes , and passeth Twidet And sings his praise , which endles glory bringes , Who like a Pilot doth this Island guide , Which like a barke , within the Sea doth ride . This land is seated like to Venice state , The waues , the walles , and euery ship a gate . Least that my Gates be wider then my towne , And that Diogines my folly see : My proems prologue I le set quickly downe , And bend my muse vnto the Prophesie : Where you may reade art mixt with industry . Needs must I erre , to erre all men are bent , To perseuere , is a bad beasts intent . The Comparison . O What a sea of blood shall England spill , When Normans Prince , and Palastinas friend , With burgonets of steele our fieldes doth fill , Brothers must striue as did Seuerus kind , Enuious ambition makes iust nature blind . Arunce and Brutus dead , Alarums cease , Publicola doth liue , and loueth peace . When Brutus dide , Valerius then did raigne , When Arunce fell , the Tuscan Emperour fled : When Tirrolls shaft shall enter Rufus braine , When Henries life with Roberts lightes are fled , When all these sleepe in natures earthly bed . Norfolke shall giue to Stephen , Henries due , Peace then shall be , but warre shall soone ensue . Flora is fled , stout Hiems weares her crowne , Attir'd like Mars in furniture of steele : Aniow and Blois striue for the Imperiall Crowne , A griefe surpassing griefe doth England feele , Whilst doubtfull Fortune turns her doubtfull wheele . Camillus comes , the Frenchmen feare his voice , Alba is freed , and Albion hath her choice . When Rome was sackt , Camillus ended strife , And made Bellinus brother to dispaire : When Germanes Empresse Mawd shall end her life , Henry shall claime the crowne , as lawfull heire , His Eame in graue , but he in regall chaire Is plac't , and rules his princely Peeres with peace , His sonnes rebell , and concord gins to cease . Now springs the plant , from hence our ioy shall spring , Victorious Aniow crownd in regall state : Liuing , adopts an heir , inuests a King , Vagratefull child spurd by a womans hate , Sturd forraine foes the land to ruinate . Romes sword is Consul , foe-men tribute paies , Both Henries dead , Christs friend the Septer swaies . Marcellus which did Syracusa burne , Made Affricks praise , to praise his matchles minde , And place his ashes in a golden vrne : So Aibious lyon sprung from lyons kinde , When death the king and prince in cords shall binde . Hee le spend his treasure , for Iehouas good : But woe alas , a slaue shall spill his blood . Designed Iohn disuests young Britaines Duke , But Antichristians prince , our sauiours foe : Bringes Lewis in , and doth him straight rebuke , Egles of England , yeeld to Swans of Poe , A Monarch falles by Monkes , fates wills it so . Titus suruiues , though flames Flaminius burne , Worster is safe , and Lewis doth returne . At Thrasimenus valiant Titus fell , In Prusias Court , his sonne reuengde his death : Form happie heauen , though Iohn to haples hell Headlong did slide , his sonne shall weare the wreath , The Dolphen flyes , and Mars begins to breath : Tempestuous whitle-windes , breake the Temple gate Of Peace ; the peers the king , the prince the Baron hate . Ciuill dissention and dislovall armes , Cleerly declares Clares hidden enmitie : A fatall starre foretelleth future harmes , The legions meete , each doth the other spye , Eccho resounds , S. George , S. George , both cry : Gracchus is stabd , young Scipio peace maintaines , The Barrons tam'd , all conquering Longshanckes raignes . Romes enuious Tribunes that ignoble Tribe , The vitious issue of a vertuous dame : Did the base mindes of poore Plebeians bribe , To gaine them honour , with their Countries shame : They dead ; the world did ring with Romanes faine . So Clare and Mountford shall , who being slaine , Edward shall vanquish Calidonias plaine . Acon is tane , and Tunis feares his stroakes , He loued peace , yet bare a warriors shield : Cambria disdain'd to weare her sisters yoake , The Ensignes spred , both striue to win the field , The bridge is past , and Leoline must yeeld : Marius departs , Proscriptio●s gin to cease , The Prince of warre shall end his dayes in peace . Destruction graz'd on fertill Italy , Till Syllas legions vanquisht Marius might : So ciuill warres shall feed on Britany , Till Leolinus that all daring Knight , Is tane by Edward in vnequall fight : When Marius fell , Concordia gan to smile , So Wales will amplify faire Englands stile . Resplendant Iuno , leaues her sacred throne , Young Gaueston bewitcht great Edwards hart : The minor Gods bewaile Saturnias mone , Bohume and Beaumount takes the Marchers part , And false Matreners stabbes Carnaruans hart : For Caesars office Scipio striues in vaine , And March too soone retells his triple gaine . When that the Romane Eagles graspt of yore , Scipio with auncient Lentulus did striue : For Iulius priesthood , whose deserts were more , But when that Pompeys legions did not thriue , They tasted gall within the honies hiue . So Wigmore seekes in vaine to get a Crowne , But by Lord Mountaoute is tumbled downe . Terras proud issue tam'd , immortall Ioue Rides in his Chariot , through the azurde skie : Adornd with Valure , Mercy , Peace and Loue , So Caesar rode in Rome with maiesty , Scipio would liue , life Cato doth deny . So Wigmores honor seekes , but must not part , Matreuers hand , hath stabd Matreuers hart . Warres thunderbolt , with his Egiptian pearle , Illustrious Venus and her martiall Bride Phillips faire sister , with great Mercias Earle , Submits to Henaults mounting-minded bride , Vengeance and Fury scourge inhumane pride . Egipt is lost , and Authony must die , March is immurde , and twise he may not flie . When Anthony did Cleopatra loue , And did Augustas chamber-bed forgoe : Bellona Caesars irefull minde did moue : To worke reuenge on chaste Octauias foe , Marcus is slaine , he must his Loue forgoe . As Anthony and Cleopatra were , So is Queene Ifabel and Mortimer . Depressed waters element , some thinke , Is downe supprest by powers most diuine : Some iudge that Terra doth the moisture drinke , Yet certes shall men see with mortall evne , When deadly water shall with ayre combine , Great Mortimer whose name from waters sprang , Shall waue in waues of ayre , and there shall hang. Vermilion collour'd clowdes of purple warre , Are by the radiant beames of Edwards raigne : Form Englands territors exiled farre , But stay ( me thinkes ) Bellona soundes againe : And calles forth Mars to fight in Aquitaine , Stay Caesar stay , let valiant Drusus goe : Great Arthurs heire , can vanquish Artois foe . When that Tiberius did the Septer sway , Of Albas Empire , great Saturnias king : Germanicus whose head was deckt with bay , Fought still abroad , and conquest home did bring : So Edward did whose praise the Spanyards sing , Let Beaumount witnes fearfull Phillips flight . And Iohn which yeelded to the Gascoigne knight . The wandring Planets of the burnisht skye , Are by the vncomprised Spheare of loue , Thrust here and there , as men condemn'd to dye , Heauen were nought , if Heauen did not moue : So nature taught , so natures sonne did proue . Like vnto these , or like a Comet bright , Through euery region Caesar sent his light . The Zodiaks lamp in the Eclipticke line , Twice vrgd his courser to a swift careere : The Hitrurian sonne doth in the East decline , In Europes West his praise did first appeere , Oh Climatericall disaster yeere : Caesar thy glory in the West did rise , The poisoned East , thy raine did deuise . So siluer streames and toplesse Apenine , Which doe confront terrestriall Paradise : Must not great Edwards wandering Fame confine , Mars and Bellona stratagems deuise : That he with Honors wings should mount the skyes . Exiled Peter doth implore his ayde , Iberia quakes , to see the crosse displayd . Reuolting Henault , and relenting Iohn , Are terrified at Bruse and Balliols fall : No Salike law , can barre bold Phillips sonne , His matchlesse valure caused a kingdomes thrall : Whilst slothfull Charles immur'd him in a wall . Germanias terror wan a glorious field , So Cambrias monarch made a King to yeeld . Carelesse of death , like to a thunder-bolt , Englands Crasinius with a massie lance : And not vnlike a fierce vntamed Colt , Glides like the siluer Rheine through yeelding France , Blinded with age great Boheme falls by chance . Caligula is borne , the sinke of shame , Richard misled , deserues an endlesse blame . The worldes faire mistresse , Empresse of the earth , Ordaines a triumph for Augustus heire : So Gascoigne triumphes at young Gascoignes birth , Wonder of Armes set in Victorias chaire , To Troynouant with Tropheys doth repaire . Romes Senators attended Albas starre , So Albion Peeres did waite on Albious carre . Two glorious sonnes , rules the celestiall Globe , Cheering the world with their transpearcing rayes : Garnisht with Saphires , and a Iasper robe , ( Vntimely chaunce ) times wonder ends his dayes , Aemilius mournes amidst his Tropheys praise . Troies hope is dead , and Priams Hector slaine : Edward hath lost his sonne , his sonne a raigne . Impartiall death maskt in a sable weede , Passeth the Romanes watch and Praetors guard : And to Tiberius royall tent doth speede , Phisicke resists , and death by art is bard , But art doth yeeld , for death was too too hard : He laid in graue , his nephewes sonne doth raigne , The scourge of Rome , and Europes Empresse slaine . So when that death of Edward made an end , Essence of value , substance of renowne : Whome peace for iustice , warres for rule commend , Exalting vertue , putting vices downe , His bones entombd , his worthy sonnes doe crowne : Their nephew Richard second of that name , The first , though not the last disgrac't by fame . Me●omene thou dismal muse appeare , And moralize the Anthemes which I bring ; Richard misled by Bushy , Poole andVere , Ignoble Scroope in his new Empires spring , Inchaunting charmes vnto his eares did sing : Flattry corrupteth kings , but good aduise Makes Counsellors gratious , and the Princes wise . When Neroes sonne was borne in Neroes campe , Quirinus father Rheas valiant spouse , In his red Spheare enlightned had his lampe , Leauing his yron roabes and brazen house , Did to Bellona cups of blood carowse . Saturne then ioynd with Mars , which did foretell That Neroes sonne for murther should excell . Whom Brutus freed by death from Tarquines stroakes , Princes of peace , for warres admirde of all : The worlds Arch monarches rent their chained yoakes , Consulls and Tribunes do a Senate call , Their voice is one Caligula must fall . Nature doth swarue and from her limits passe , The Imperious Lyon , got an abiect Asse . So when chaste Alice Richard forth shall bring , In Edwards Campe , Victorias sacred seate : Prophets like starres , ensuing harmes shall sing , The Peeres ( like Albas knights ) were all repleate With wrath , disdain was in a mightie sweate In working waies , the king for to depose , Which being done , the Nobles Darby chose . The Northerne Planet great Northumberland , Whose peerles issue neuer shall decaie : Till Nature doth confound both Sea and land , And shapeles Chaos comes his part to play , Vertue must liue though men be turnd to claye . This glorious Moone true badge of Honor bright , Disdaynes the Sunne , and did not borow light . Foreseeing Gaunt like to a carefull fire , Seeing that lost by Sloth which Labour wonne : Doth contermaund his Soueraignes hot desire , And like a blast doth caulme the scorching Sunne , Which by illuding Sycophantes is wonne , Two Combatants on their earth threatning steedes , Attend the trumpets sound in yron weedes . The reuerent Consulls Yorke and Lancaster , Doe conuocate a Senate of the Peeres : And equalizing Woodstocke did preferre , Due banishment to those ambitious Peeres , The Barons ioynd to this ; the Champions sweares Mowbray for aye , ten yeares must Harford part , Griefe galles the one , and kills the others hart . The gallant Courser in the listed race Dismounts the Ryder , scornes his curbing raine : Stamping with ioy , his freedome doth embrace , And doth his pristine seruitude disdaine , Leauing his Ryder breathlesse on the plaine . So raging Burdeux tumbles downe his kinne , And runnes from sin to vice , from vice to sinne . In his Imperiall Pallace Pleasures Bowre , Romes mightie Monster did himself repose : Sacking Cytheress for t , faire Venus Towre , The raging multitude their wrath disclose , For his Praetorian guard , they did insclose : Chaerea did split his hart ; oh happie thing ! T' was good he dide , t was bad to kill a King. So Honors spurre did pricke the Percies blood , To tumble Richard from his bloudie Throne : Wishing great Herford to transpasse the flood , To come and sit on Iocobs sacred stone , Where he might raigne as King , and rule alone . As Claudius rose , so Herford came to raigne , As Nero fell , so Edwards sonne was slaine . Now Gaunts great issue in his Throne is set , Whose sacred Science this my Muse should tell : For Margarets sake , that sprang from Sommerset , For her it should , if Cambria did not tell , For lawes vnheard , this Monarch did excell . Who gaue him wings to mount , he threw to ground , Claudius who ran so faire , is Claudus found . In Silence vault my Muse shall hide his fame , Who dide the Grey goose wings with purple red : Praise he deseru'd , though he deserued blame , Sertorius like his warlike troopes he led , For by alluring hope they both were fed . Had men and Fortune equaliz'd his minde , His Conquests Seuernes neuer had confinde . Victorious Hotspurre and his valiant sire , The kings great Steward , Wosters reuerent Lord : With neuer daunted Dowglas doe conspire , Whose endles praise our Annales doe record : With these doe Glendowre ioyne , and Wigmors Lord , To pull the Scepter from the tyrantes hand , And giue it him that should by right command . Dowglas and Hotspurre peerlesse for their might , Are ouermatcht by Henries matchlesse sonne : Who like a lyon rows'd him in the fight , Glendowre himselfe is by himselfe vndone , Northumberland is sicke and cannot come : Like to a Tyger in his eager chase , Great Monmouthes praise doth run from place to place . Tumults appeas'd and armor set aside , The stately Cirty of the highest God Diuine Ierusalem , Iehouas bride , Being whipt with warre , and famines pinching rod , Implores the helpe of this all-conquering Lord : His soule defilde with sinne , by merits sought That to redeeme which Iesus blood had bought . His royall Nauy like a sea of wood , Attends his princely presence in the bay : But see how meager death still enuying good , With fatall stroake his enterprise doth stay , The Caedar falles in time , so Kings decay . Why stay you shippes , he treades the sacred path , Ierusalem his soule and body hath . Henry the fift , his lyfe and death . AVaunt proud Rome and bragge not of thy men , Nor thy aetheriall Caesars warres declare : Cease peerlesse Plutarch with thy sacred pen , The worlds Archmonarches aptly to compare , Reason doth vrge , and this alledge I dare , That Englands Homer portraid hath his warre , Which doth excell the worthiest Caesars starre . What telst thou me of famous Hasdruball , Of Cannas chance , and Varros ouerthrow : Aemisius death , and conquering Hanniball , Of Syllas Legions , and a Parthian bowe , Of Titus valure , Catos wrinckled browe , Of Syracuse , and strong Namantias wall , Or Phillip , Persia , Iugurth Iubas fall . Of Noble Drusus and proud Saturnine , Of Scipios death , and Gracchus infamy : Of Marius trophies , and sterne Cataline , How Caesar vanquisht France and Germany , And twise returnd as foild from Britany . The world admir ; d their victories to see , Yet none of these must be comparde with thee . Let Athens praise the lawes which Solon gaue , And Marathon extoll Miltiades , Write Caria of Mansolus stately graue , And let Cycilia wish Demosthenes , But Salamina praise Themistocles . Greece did admire their tryumphes for to see , Yet all of these cannot comparewith thee . Let Sparta now conceale Lycurgus fame , And Lacedaemon hide Lysanders praise : Cease Argos now , to shew th'Olimpicke game , Let silence cloud or maske those golden dayes , When Epires Monarch acted Tragicke playes : But what of him ? or what are these to thee ? For thou alone doest farre exceed those three . Though Alexander wan Darius Crowne , And forc't the Easterne Emperour leaue his tent : Burning Persopolis that regall Towne , Seeing thy valure freely giues consent That two bright sonnes should rule the Element : With thee great Prince we aptly may compare , Rich Europes Paragon , and Phaenix rare . Thou didst not want Parmenios aiding hand , Nor valiant Perdicas aspiring minde : Which might Alansons quarels fierce withstand , As long as Langlies gallant issued minde Had faithfull Suffolkes loue to him combinde . They wan , they lost , they liue though they are dead , They liue in heauen , and dide in Conquests bed . France did ten yeares withstand the Romanes might , Both parties oft with equall courage plaide ; Yet that before the Sun shewd twice his light , Madst great Mompensier flye as all dismaide , To see thy kingly Banner forth displaide , Like to Crassinius Yorke the yaward led , True valure is by hope of honor bred . Henry two Diadames doth now combine , Europes faire daughters , eldest sisters twaine : By marriage of a maide a Mimph diuine , Whilst Lewis liues , as Emperour he mustraigne , Henry as heire apparant doth remayne : When Katherin is betrothd his beauteous wife , Peace conquers warre , and concord endeth strife . Immortalized virgin sacred Queene , Britaines Aurora harbinger of day : Fairer then thought could thinke or eye hath seene , Rich Vertues port , and Honors cleerest bay , Thrice blessed wombe fram'd of aetheriall clay , Which didst enclose that glorious Theodore , Whose sonne did Britaines regalty restore . Her Amber-tresses like to wyers of gold , That shadowed her white vermilion face : Like Vulcans chayne did Venus champion hold , VVho triumphed erewhile , now sues for grace , Vndecent action for a Captaines place : Thy eyes are now bewitcht with eyes diuine , Thy heart consents to honor Katherine . If I had Zeuxes at to paint thy lookes , Did I enioy Maeonian Homers quill : To pourtraiture thy praise in golden bookes , Thy vertues rare would aequalize my skill : Thy sacred paps sweete Nectar did distill . Hadst not thou bene , our eyes should neuer view Our present peace and pleasures to ensue . Stay ranging Muse , thy wandring course restraine , When ioues all-seeing eyes did view this King : He sent his Harauld to that spatious plaine , Where the three fatall Sisters , then did spinne : To know when Henries life did first beginne . And if his thred were not already spunne , That Lachesis should make it quickly runne . His wisest sonne did place his golden wings , Holding a siluer rodde all-charming wand : VVherewith he could inchant all mortal things , VVith this attire he claue the aetheriall land , Where loue and luno doth the Gods command : When that he came vnto the appointed place , He told his message with a comely grace . Sisters ( quoth he ) for so they were indeed , Th' omnipotent and all-commanding Ioue : VVhich doth on Nactar and Ambrosia feed , Iuno , Apollo , and Cythereis loue : VVith all the Gods that rules the sphere aboue , Entreats , cōmands , of you faire sisters three , To end his life , though not his dignitie . Atlas you know is old Alcides dead , You know the waight of Heauens massy throne : The Planets houses couered all with lead , Ioues pallace varnisht with rich Rubies stone , The gates of Iuory and Indian bone : He that doth heauens heauiest waight sustaine , Must patience haue to tollerate his paine . Therefore ( quoth he ) this is my Fathers will , ( For Ioue his Father was , or Fame doth lye ) That you which power haue great kings to kill , Would shorten Henries life that he might dye , A heauenly thought deserues aeternitie . Atlas is old , and Atlas must haue aide , All feare the heft , Henry was nere afraide . The Sisters stood amazde at his request , Each looke at others eyes as in a glasse : Whereat sterne Clotho eldest of the rest , Brother quoth shee ( for Ioue their Father was ) Shall Fates be rulde by Gods ? ahlas , ahlas , They reuell still , but we poore wretches worke , We labour , they in Caues of pleasure lurke . The worlds poore Impes may iustly now complaine Of humane sorrow , mans still growing griefe : How birds and beasts a longer life do gaine Then man , poore man ; And mans commaunding chiefe If you deny them helpe , where is reliefe : Men say that Fates are certaine , now they see Ioue made vs constant in inconstancy . The angry God invelloped with ire , Wrath in his face , and fury in his lookes , His eyes more redde then was the reddest fire : Shewes auncient Monuments of sacred bookes , Which earst he wrote by the Idalian brookes . There might you see what Act the Gods did frame , Amongst the rest Ioue might the Sisters blame . Out of this place he drawes his argument , And doth confute their sugred Sophistry : Then reades another Act of Parliament , Which did confirme Ioues royall Empery , His great prerogatiue and dignity . Then doth he powre forth sacred Eloquence , Selected flowers of learnings Quintessence . What if proud Terras issue Briareus , VVould combat with your great aetheriall Sire ? Fntring Castalia , where the sacred Muse Liues still inspirde with yong Apollos fire ? VVhat if the Giants could so high aspire , VVould not they touch the christalized sky , Vntuning heauens sweetest harmony ? VVhat God should then the heauens waight sustaine , VVhilst Bacchus in his Indian Tygers Carre VVould shake the Orbes and that celestiall plaine , VVhen faire Victoria conquering Queene of warre , Brighter then Venus , or the brightest starre , Doth giue to Ioue a Crowne bedeckt with gold , Could Atlas then heauens heauiest waight vphold ? His age is great , and yeares will strength remoue , Therefore faire Sisters well aduised bee : To answere loue and all the Gods aboue , Though loth they were , yet all did well agree To cut his thred for meere necessitie . Then Atlantiades did soone depart , And Atropos did stabbe great Henries hart . Thus dide the Phaenix of the vastie round , Whose worth my Muse should euer memorize : And Eccho-like his martiall deeds resound , Put that he did his Country scandalize In following Henry which did tyranize . She gaue thee breath to liue and men to fight , Yet thou depriu'st her of her cleerest light . When noble Henry ended hath his daies . Bedford with conquering swords Vernoi shal fill , And spend his blood to gaine immortall praise : Beauford and Beaumount shall good Humfrey kill , And Warwicke gaine the popular good will. Poole is exilde from wofull Margaret , And Yorke malignes the Duke of Somerset . Mars mounts his Ensigns on our highest towers , And decks our helmets with Ambitions plumes : Reuenge sad massacres and scarlet showres Distills , Cities are burnt , whose dankish fumes Contaminates the Ayre , now Yorke presumes VVith Sarums Earle and Warwickes willing hand , To gaine the Crowne , and with the Crowne the land . The Ciuill Warres . PLutonian Princesse sacred Proserpine , Licence Megaera and C●esiphone , VVhich neuer saw the Sunnes all-pleasing shine Enter this vale of humane misery , And consecrate to endles memory These Ciuill broyles in Characters of brasse , Set forth these warres which did all warres surpasse . Heer 's Mars pauilion , there Bellonas tent , The Lanciers here , & there the Carbines stands : The Bilmen strikes , the Archers bowes are bent , Here raging Fury flies with burning brands , Distorted limmes are pilde on purple sands : Here Gassamores are cract , there helmets crazd , Here Gorgets cut , there Vaines of Azure razd . Now doth the Courser neigh , the Clarions sound , And wrath mounted on a flaming steed : Doth both the Legions fortitude confound , The moistlesse earth for very griefe doth bleed , To see the Gardner spoyle the sowen seed . Heere might you see what age could neuer tell , Whilst Lyons fought , the forests Barons fell . Heere Ambuscadoes watch the sallying Scout , There Hanniball entraps Marcellus traine : Here wings are plac't and squadrons round about , Scipiades must leaue disloyall Spaine , And like Anebises clippe the Elizian plaine . Nature hath digd for men more kind of graues , Then Indian Ganges hath translucent waues . No valiant Martius stout Coriolaene , Did now the raging multitude withstand : Tumultuous windes haue left the rocky lane , Where sterne Hypoaates with Mace in hand , Their lawlesse force , by force doth countermaund . Eurus will blowe and shake the Islands King , Rebells will rise , and belles of discord ring . Vnworthy I , to mount that sacred hill , And Clodius-like see female sacrifice : Virgill sang this , and none but Virgill will Aduenture valures worth to memorice ; Thrice glorious obiect fit for Princely eyes . Pardon great Homer , my all-daring muse , Let Cherills folly , Cherills fault excuse . The lesser starres makes Phoebe shine more bright , So may my infant Muse comparde to thine , Make thy heroicke Poems splendant light , Seeme fairer farre in mens iuditious eyne , Comparison makes Vertue seeme diuine . Yet giue me leaue with my vnworthy pen , To blazon forth the Acts of worthy men . Cease mournfull Rome thy sad enlangoring , Those fatall Fields neere to Campania sought , Wherein the very prime of Marius spring , The spring of griefe which Carbo deerly bought , Ambitious Conquest rulde great Syllas thought . Speake not of these proud Rome , nor make thy mone , Or if thou speak'st , make not comparison . What of stout Varro , and Affranius lost , Massilias ruine Scaeuas pierced shield : Home by Brundusium , Caesars shippes were tost , Euer renowm'd Pharsalias bloody field , How Iuba fell , and Diator did yeeld . Pompey in Egipt by Pothinius slaine , And endles shame which Ptolomy did gaine . Caesar is stabd , and Albas doth lament , Antonius doth the Tyrants plea refute : Irefull Octauius to reuenge is bent , Cascas and Cassius , Cicero and Brute , For Countreys freedome frame a faithlesse suite . Lawes silent are when armies rule the towne , Who conquered Kings , by Kings are tumbled downe . Enuious desire of honor , loue to raigne , Seuers their mindes whome nature did combine : Two Romaine nauyes cut the Ocean maine , One brothers losse , doth cause anothers gaine , Nothing is worse then Potentates disdaine . Rome simild with ioy , when ciuill warres did cease , England admired more at perfect peace . In thirteen battells Englands strength was tryde , Gauntes issue striues with Clarence progenie : Through euery place destructions steed did ryde , Making debate and endles enmitie , Twixt subiects loue , and Princely soueraigntie . The Lords conspire , and at Saint Atbons meete , Here 's Warwickes tent , there Yorke doth man the streete . Vnder the Castell Somerset is slaine , Here Clsfford falls , and there Northumberland , Great Buckingham renewes the fight againe , In vaine the Lion doth the Beare withstand , Where Warwicke leades his all subduing band : The Rose doth wither , and the Daysie spring . The Queene escapt , but Warwicke hath the king . O whither shall she fly ? whose ay de expect ? Who is encombred with a thousand woes : VVhat peasant boore will princes griefes respect ? By flight she scapes the furie of her foes : Thus to the North this Amazonian goes . Griefe flies to those , who are opprest with griefe , Societie in woe is some reliefe . VVhen Romes two Scipios fell , two glorious starres In Andeluzia or illuding Spaine : None durst but Scipio vndertake those warres , Euen so when Clifford was for England slaine , And Percies pride lay breathlesse on the plaine , None durst the Ragged Staffe and Beare withstand , But Cliffords sonne and great Northumberland . The Trumpets wake the Champions to the field , VVho rode in tryumph through Epaeons towne To VVestmerland ; and Margaret must yeeld , VVhose vertues did deserue a golden Crowne : His browes are circulizde with paper browne . Themistocles doth yeeld to Xerxes might , Yorke ouermatcht , giues place to Heuries right . Penthisilea bends her course to Troy , Shewing the spoiles of Larisseas King , And Henry like to Priam smiles with ioy , Seeing his Queene such Tropheys home to bring : And all the Phrigian Virgins Io sing . Like vnto this , or like a brauer wight , Couragious Margret doth returne from sight . Neuer discouragde Warwicks royall Peere , Vnconstant Clarence , constant Montacute , Seeing the Southerne coast of Albion cleere , Did Essex , Suffolke , Surrey resalute , Norfolke doth Mowbray Captaine constitute . Both Armies ioyne , and to Saint Albons came , They flye their foes , where first they ouercame . Mowbray to Suffolke , Warwicke with the rest , In haste , poste haste , to Cambrias borders flye : New rising March doth rowse his spangled Crest , And vnderstanding by a sallying spye His Fathers friends , and fauourites were nigh , With decent gesture doth them entertaine , Imploring aide his right to reobtaine . Warwicke who was the speaker for them all , In modest sort , as well became his age : Not Duke of Yorke but doth him Soueraigne call , A name so great doth vertue equipage , Now each to other doth his honour gage . Like Caesar now he ioynes with Anthony , And like to him doth foster enmitie . When Brutus hand had stabd great Caesars hart , Octauius honour euery where did finde : Antonius takes the stout Caesareans part , But when reuenge had satisfide her minde , Whome mariage chaste with friendship had combinde , Ambition makes them striue for endlesse raigne , And with their bloud to dye the crimson mayne . So Edward and renowned Sarums sonne Ioyne to reuenge dead Richards iniury : But when that Gaunts great issue was vndone , Warwicke doth enuy Yorkes prosperitie , And much disdaines his peerlsse Soueraigntie . Witnesse when Edward durst not here abide , And Barnet field where noble Warwicke dide . Henries faire Queene , great Neapolitane , Blinded with masked fate , vnconstant chance , Did neuer feare her future fatall bane , Like a sierce coult this Iennet proud did prance , Smiling with ioy to see her smiling chance . Harke how the Drumme doth summon to the field , See how she takes her ill beseeming shield . Stay Naples pride Sicilian Empresse stay , Will France for euer showres of vengeance raigne ? Thy first approch presage this fatall day , Fire flew from heauen and made our Turrets plaine , When thy Armados cut the Ocean maine . Had Caesar read that which the poore man gaue , Egypt had neuer beene Antonins gratre . Had but great Henry , great in Maiestie Ioynd with that match which Bedford first did make , He had not tasted base seruilitie , But when his minion Suffolke did forsake , That Nimph of ioy , great heire to Arminake , Then Yorkes depressed issue gan to rise , An abiect Prince each Subiect will despise , Clifford and Percy proppes of Henries state ; ( Seeing the Southerne Lords entend to fight , ) Doth the fierce Tygers anger instigate , Proposing arguments of Henries right , How her decayd , augmented Edwards might . In Hampton first she did our woe begin , Two Hamptons cannot end her endlesse sin . Fury awakes the murthred Lions whelpe , And like poore Hector his deceased sire , Craues of his kinsemen their supporting helpe , Their smotherd hate hath kindled murthers fire , Which none can quench till they haue quencht desire , Where Nemssis of late did murther end , There she begins heroicke bloud to spend . Like the worlds Monarch , Yorkes apparant heire Ioynes with his Fathers friend , great Neuils race : They to Northampton with their troupes repaire , VVhere Aniowes Tamiris with martiall grace Cliffords triumphant Armes did embrace : Clifford whose name as Taibot did in France , Made Warwicke feare his Colours to aduance . Octauius now , and chaste Octauias Bride , Conspire the death of tyranizing Brute . Clifford must fall , in top of all his pride , Who did by Armes great Muusters plea refute , Doth pleade his cause , but Warwicke gaines the suite . A headlesse arrow piercst his armed throate , Who in his youth did saile in Conquests boate . If Homer liu'd and dwelt in Castalie , And daily tasted of Parnassus Well , Inspirde with furious sacred Poesie , Yet would he not our Virgils worth excell , Whose Paeans did these fierce massacres tell . Delia is praisd with thy all-praysing hand : No wonder , for thou dweltst in Delos land . Eight seuerall Battels shall escape my Muse , Least pride it selfe should me esteeme as proud : Let Maros quill that sacred path peruse , Couer my temples with a sable cloud , Cimerian wreathes my head of sorrow shrowd : Giue me a brazen Pensill not a Pen , Some drops of blood to portraiture these men . The Field of Banbery . NOw warre is mounted on rebellions Steede , And discontent perswadeth willing Pride , His crest to raise , and wears an Iron weede : Long smothred Enuy doth the Army guide , Which made firme loue from true obedience slide : 'T was that great Neuill made proud George rebell , Whose haughty spirits Warwicke knew too well . Warwicke that raisde the race of Mortimer , Whose eyes did see too soone , thy death saies so : The downfall of immortall Lancaster , 'T was he that did , what could not Warwicke doo ? Make Kings and Queenes to loue and feare him too . 'T was that great Peere , who with one warlike hand , Crown'd and vncrown'd two kings who rulde the land . Thus while these Royall but disloyall Peeres , Maugre reuenge to him that knew not feare , Vnnumbred bands of men and swarmes appeares In North and South , East , West , yea euery where They throw away their Coats , and Corslets weare . Wiues , maides , and Orphants eyes are stuft with teares , And cannot see the Spades transform'd to Speares . The Shepheards hooke is made a souldiers pike , Whose weather-beaten hands must learne aright His speare to traile , and with his sword to strike Vpon the plumed beauer of a knight , None must be sparde by warres impartiall might . If euery souldier were a King , what then ? Princes should die as fast as other men . The Senator must leaue his skarlet gowne , And keepe him in some Turret of defence : When warres once flourish , Iustice must goe downe , Lawes to correct , is lawlesse warres pretence , Valure doth greeue to see ill gotten pence . To see a man without deserts to rise , Makes warre such men , not Iustice to despise . You that in peace by vse of golden hoords Your dunghill race to Barons did erect : You that by English phrase and chosen woords Make heauens enuy your toplesle Architeck , Your Angels cannot you from warres protect . The Campe and Court in manners different are , Words may in Peace , but deeds preuaile in Warre . For Robes of honor furr'd with Miniuere You must haue brest-plates of well tempred steele , And on your aged heads strong Helmets weare , All states must turne when Fortune turnes her wheele , That man which pleasure tastes must sorrow feele . Who sees the wracke of mightie Empery , He loues his life too well that will not dye . When Kings must fight , shall subiects liue in peace ? What Coward is of such a crauant race , That loues not honor more than idle ease ? Great Romane I applaud thy worthy Phrase , To liue with shame , is worse then dye with praise . All which haue being , alwaies cannot bee , For things corrupt must die , and so must wee . Could Cressus mightie mines from Cyrus hand , His captiue carkasse or his state defend ? Wealth cannot warre , nor siluer speares withstand : By strife we see the greatest states haue end , And most they marre by warre , who most would mend . When old warres cease , then straight their springs anew , For harmes still harmes , and euils do ills ensue . No sooner had the gladsome eyes of peace Beheld this warlike sea inuiron'd Ile , But disobedience heire to sluggish ease , Did weake beleefe subdue with subtile stile , Grace winnes the heart , but words the eares beguile . T was Warwicks tongue , whose speech did all men please Whose words were such , or very like to these . The Earle of Warwicks speech . YOu know great Lords , your very eyes did see The spotlesse honor which my house and I Did euer beare this kingdome ; who but wee Did checke the pride of wilfull tyranny : And with our Grandsires we esteemde it good , For Englands weale to spill our dearest blood . Witnesse the dismall fall of Salisbury And Richard Duke of Yorke in Wakefield slaine , The wracke of my decaied familie , Why did we this , what profit did we gaine ? T was but to shew our country our good will , Which now we also do , and euer will. How many times haue I in complete steele Yea mounted on my steed pursude the chase ? Witnesse these weary limbes , for age must feele , If youth hath runn'd astray or tedious race . Witnesse these siluer haires which now appeares , Cares makes vs old , though we be yong in yeares . When as these eyes , impartiall eyes of mine , Beheld my king illuded and misled By baser men , true honor did repine To see great maiestie with basenesse wed : For which I waged warre , and warring wan , And winning , chose a Tyger for a Lambe . Both you and I great Lords , yea all the state With vniuersall voice adiudg'd him wise : Who now hath prou'd a tyrant and vngrate , Humilitie makes time obseruers rise . For you I chose him king and spent my blood , But tryall saies , good seeming is no good , Now therefore friends let Warwicks tongue intreate , Since that our hopes of Edwards loue dispaire , That Lancaster may repossesse his seate , Whom we vnkindly thrust from honors chaire , The reason is which gouernes our pretents , Tyrants are worser farre then Innocents . Thus this enraged Lord doth instigate With spurlike words swift coursers to the race : Enuy ambition breeds , ambition hate : Hate discontent breeds , discontent disgrace , These be warres angry sounds , pernitious race . These vices by Iniustice nourisht are , Affection in a Iudge is worse then warre . Blessed that state , thrice happie is the land VVhere sacred Iustice is esteemde diuine : And where the Iudge on one eare holds his hand , My pen applaudes that sentence iust of thine , Romes holy Prince , peace louing Antonine , As I am Marcus , I am not thy foe , But being Iudge , I must be iust also . That lawe deryding Peere , disdaining Lord , Warwick doth his rebellious Ensignes reare : And vowes reuenge on Edward with his sword , Hastings and Stanley do withstand the Beare , True honor neuer yeelds to seruile feare . He is a friend that loues when Fate doth frowne , He shall haue thousands that doth weare a Crowne . Thus while these threatnings like some blazing starre , The wracke of some great Emperour do portend : Their friends on either side addresse for warre , Great William Earle of Pembrooke doth entend , Ere warre begin to make of warre an end . And for that purpose for his friends he sent , To whom as thus he shewed his right intent . The Earle of Pembrookes Oration . YOu that did euer with your swords maintaine , The vndoubted title of the whiter Rose : By whose great ayde great Edward did obtaine , The Royall crowne and homage held of those , VVhich now rebell , deere friends correct this sinne , 'T is as much praise to keepe , as praise to winne . If speech might spur you to this glorious race , Where endlesse honor is the purchast fee : Selected words my ruder speech should grace , We pricke in vaine his sides whose feete are free . You euer did the house of Yorke adore , True loue encreaseth daily more and more . Giue not occasion to the enuious pen , To brand you with the badge of infamie : Be firme in resolution worthy men , And thinke vpon your auncient libertie . Behold why Warwicke doth these warres entend , A bad beginning hath a worser end . Looke with indifferent , not respecting eyes , Vpon these two coriualls in the warre : Edward a King , couragious , honest , wise , Warwicke whose name is like a blazing starre , That some ensuing harmes doth foretell , Enuy doth still worke ill , but neuer well . For whom doth he this bloody battell wage ? For aged Henry , and the Prince his sonne : Who but for him had led a quiet age , But they poore Princes , were by him vndone . I finde it true which hath bene often sed , Beares must sometime with humane flesh be fed . It is not loue to either of these twaine , That doth enforce this proud ignoble Peere : These wandring troupes of rebells to maintaine , But t is ambition whom he holds most deere , That doth compell his willing hands to fight : Vnsetled braines bloud still respect , not right . Nay , what if Henry should enioy the wreath , Thinke you by yeelding fauour to enioy ? Friends , when warres rise say kings should neuer breath , Princes in neede men of regard imploy . To this iust action loyall friends be mou'd , The firmest faith in danger great is prou'd . THus hath this Lord as with a touch-stone tride , The courage of his countrey-men and loue : The voyce of all is on warres , warres they cride , The Princes vertues do the subiectes moue , Dangers and perils eminent to proue . The noble Earle with speede pursues his fate , Delay brings danger to the surest state . When Fame reported this to Edwards care , Hope vanquisht feare and gaue encouragement : To see them firme who euer faithfull were . Then to Lord Stafford , Southwike Earle he sent , To muster all his friends incontinent : Then gaue he ioynt commission to these twaine , As equalles when they came in Campe to raigne . Thus these two Captaines as those two of yore , VVhen Romes selected youth in Cannas bled , Equall in power , but not in Iudgements store , As Varro , Stafford from the battell fled , As Paulus , so renowmed Pembrooke sped . Thus Lord-like stout Aemilius forth doth goe , To chase the pride of his rebellious foe . Stafford and hee weake staffe to leane vpon , No Stafford he , nor sprung from Buckingham , Nor let that name so base a man bemoane , His cowardize escandalizde his fame . Lassiuious lust did explaiten his shame . These two to Banbary with Armies bend , Thence Stafford fled , there Herberts life did end . There might you see a troope of warlike men , Conducted by the glories of their Clyme : Vnworthy I , with my vnworthy pen , To aeternize in Layes vndecent Rime , Their memories , which liue in spight of time . These two as Fabius and Marcellus weare , Romes guarding target and offending speare . Richard was valorous , but his brother wise , Youth made him forward , age the other stayde : Richard for action , Pembrooke for aduise , If both their worths were in a ballance way de , Neither should Fates partiallitie vprayde , The differences betweene these brothers are , One peace affected most , the other warre . There might you see the Champions of the Beare , Mounted on Iustie Coursers , scoure the plaine : There might you see the sonne of Latimer , With rashnesse charge , with feare returne and slaine , They neuer feare , who neuer feeled paine . There might you see , O I am greeu'd to say , What yeares confirm'd , consumed in a day . There might you see that worthy man of men , Richard with his victorious sword in hand , Like a fierce Lyon passing from his den , Or some sterne Boare , whose anger plowes the land , Securely passe through euery conquer'd band . As a round bullet from a Canon sent , This Knight alone through fortie thousand went. And backe return'd to his amazed traine , But more enraged with anger then before : Begins to kill , where he before had slaine , Like a close myzer he augments his store , The more he slaies , to slaie he loues the more . All this thou didst , what latter age can tell , Of one that better did , or halfe so well . Thus like Alcides all composde of ire , Whose fiery lights shut sparkes of fortitude : This Champion doth to greater deeds aspire , Still pressing on the Hydra multitude , Till like to sheepe they fled in order rude . Then to his Tent with tryumph he doth goe , Valure doth loue to spoile , not chase the foe . But see vnconstant chance , and seeing weepe , For euery word requires a siluer teare : Whiles carelesse victory did sweetly sleepe , And conquest by desert did honour weare , ( VVhen most we liue secure , we most should feare ) Sixe hundred men conducted by a Squire , Made those that chaste with praise , with shame retire . But ere that these confused warriours fled , Whom vnexpected horror did amaze : They sold their liues for liues ere they were dead , Their conquering blood their honors did emblaze , Bnt all were not deriued from one race . Some Stallions in a field , some Asses bee , And so of men there be , of each degree . Richard thou canst not mount thy steed and flye , Nor thou great Lord experience makes thee stay , To feare the name of death is worse then dye : But men borne base , a baser word will say , I care not how I scape so liue I may . Ye slaues to feare whom I abhorre to see , That loue life more , then praise or honestie . Still do they striue till that vnnumbred presse Like Bees of Hybla swarmed euery where : Courage in danger doth it selfe expresse . Submission to a Lyon breeds but feare , But rauenous beasts their prostrate subiects teare : By such great Richard falls , and Pembrooke dies , Conquering twise twentie thousand enemies . Mount sacred spirits with cleare conscience wings To the ninth heauen whereas your glorious eye May gaze on the immortall king of kings : Liue you in peace , but we in misery , Man cannot happie be before he dye . Vnto your glorious tombes I sacrifice , These dismall Anthems and sad Elegies . CEase mournfull Muse , to chaunt these Ciuil broiles , Vnciuill warres , and sence-amizing times : Brothers by brothers spoild , vnnaturall spoiles , The guilt whereof to Ioues tribunall climes , Oh subiect fit for Thaeban Statius rimes . All warres are bad , but finall end doth tell , Intestine warres all other warres excell . Witnesse the same the Macedinian downe , When Pompey did the Senates cause defend , And Caesar sought the worlds Imperiall Crowne : Witnesse Philippes and Antonius end , Milde Othos death which Authors so commend . Richard now riseth at his Nephewes fall , A conscience cleare is like a brazen wall . Now Englands Traiane sprung from Troiane race , Doth Oxford helpe and Darbies aide implore , Froth-faced Neptune with his trident mace Doth guide his Argosies to Milfords shoare , At Bosworth field he slaies the tusked Boare . Leicestrian Dales their crimson goare did fill , A scarlet streame from Richard did distill . Cheiney thy armes and sinewes are not strong Enough to match with Albions martiall king : Brandon thou dost thy youthfull vigor wrong , To combat him who to the field did bring Those cruell parts which Collingbourne did sing . Now consolations wings doth reare my minde , To shew his praise , who sprang from Priams kinde . Great Impe of kings , heroicke Theodore , Englands Augustus , famous Prince of peace , Great Treasurer of sacred Vertues store , Eden of pleasure , which didst all men please , Comfort of Albion , and they Countries ease : From the foure golden Fountaines did arise Like vnto those that sprang from Paradise . Oh that I had all wittes excelling witte , To eternallize thy deeds immortall king : My pen thy trophies should , and tryumphes writte , The triple lauor of this round should ring VVith thy great name , which my great muse should sing . But since that Nature did the same denie , Accept my will , aetheriall dietie . Elizabeth , O Princely perfect name , Combinde with thee , oh cheerfull cordiall knot : No priuate quarell could white Albion fame : VVith blood and rapine fierce dissention blot , Fury it selfe , within it self did rot . Two parted Roses which so long did striue , Grew on one stalke , and both began to thriue . From that faire stalke great Arthur first did rise , Arthur who matcht with Castiles Katherine , Childlesse he dide , and death he did despise , His body was intombde in gorgeous s●rine , His soule ascended , for it was diuine . Henry then Prince and heire apparant was , Henry which did all former Henries passe . The snow-white Cliffes which Albion do confine , Whose subiect sands are deckt with Margarites : Clearer then is the clearest Christaline , The towring waues , which rule the narrow streights , Which do adumbrate sleepy rockes deceits , Could not debarre his thoughts , but he did goe To conquer France , and Englands greatest foe . Wolsey then liu'd , high minded worthy Clarke , VVhich did erect those glorious Towres of yore : Learnings receptacle , Religions parke , Oh that some Eagle-mounting thought would so are To finish that which he began before . Oh that some Prince ( for none but Princes can ) VVould perfect that , that excellent worke of man. The siluer Isis and the gliding Thame , Whose billowes resalute the verdant strand , Should warble Paans to his mightie name , The leaden age is past which rulde the land , Saturne is come , and Saturne doth command : VVhose hopes were dead , rich students neuer feare , ( Most rich in hope ) some will your turrets reare . Nurse of ingenious spirits Athens praise , Chiefe benefactor of what ere is mine : O might I see some mightie Monarch raise Those halfe built walles and parted towres combine , Then Christ might yet be iustly tearmed thine : As Christ is best , so should his houses bee , And in perfection haue a sympathie . Henries triumphant carkasse laid in graue , Couered with gold in Caesars ancient towre : Edward succeeds , a Prince though yong , yet graue , The skye which whilome smilde begins to lowre , And showres of sorrow on the land to powre . He endes his life before it scarce began , What is more short then shortest life of man. When nature fram'd this Prince , oh goodly creature , Compos'd of pure and elementall fire : Turnd in a heauenly mowld diuinest feature , She saw her selfe deceiu'd , and wroth with ire , When life began , his end she did desire . What enuie so could thee proud Nature sting , Nothing should make and marre the selfe same thing . The Gods did enuie mans felicitie , And therfore did to Nature condescend : That this yong King , great King of Maiestie , In sixteene yeares his vitall course should spend , His life hath end , and all our ioyes haue end . Nature doth hasten to the house of death . And shee consents to steale away his breath . Now Spayne and England ioynes , that peace I loue , That concord doth augment the common state : Pray God it doth both firme and faithfull proue , But for to match with Spayne , oh cruell fate , Could Mary so her countrey ruinate ? Guiltlesse shee was , but those that made the match , Vnder their wings did egges of Serpents hatch . Oh now me thinkes I could in dismall blacke Shadow my lookes , and neuer wish the light : Writing red lines of blood , more blacke then blacke , The massacres of mans amazing sight , After these duskie clouds comes elearest light . Mary is dead , Elizabeth doth raigne , Her conscience cleare , no corasiue could staine . The losse of Elizabeth . FAire Virgin , Empresse , royall Princely maide , Sprung from the Damaske Rose the Roses bud : T is true as truth it selfe which men haue saide , The end is best , though all the meanes be good , She was the last and best of Henries blood . Henry did well in all , excell in this , In getting of this Maide , our greatest blisse . He vanquisht Bolleine , and strong Turnus towne , And rode in tryumph through the English Pale : Placing the Diademe of France , that regall Crowne , Vpon his sisters temples ; and withall Made the twelue Peeres to feare their finall fall . But what of these ? if Bullain had not bin , We all had liu'd for aye in endles sin . Astronomers did dreame and fondly saide , That twelue designed signes did rule a Spheare : Virgo did guide the earth , oh heauenly Maide ; But now sky-teachers wise men neuer feare , To say she is in heauen , for sure shee s there . Oh she is gone , with her our pleasures fled , They liu'd in her , they dide when she was dead . Bright Gem of honor , Albions glorious starre , The Cynosure of Englands Hemispheare : Princessse of peace , Cytherian queene of warre ; Rides through the cloudes on her caelestiall beare , Conquering deathes Ebon dart and sharpest speare . Fathers of peace put on triumphant weedes , A gratious King , a gratious Queene succeedes . Reasons first founder , Natures eldest sonne , The Stoikes prince did also erre in this : Repugnant natures neuer raigne in one , Perfect my griefe , more perfect is my blis , I smile with ioy , yet teares my cheekes do kisse . A present salue hath cured a pensiue sore , Britaine is now , what Britaine was of yore . The wandring Brute , who sprang from Priams kinde , Though artlesse men with their malignant muse : Still bearing burning enuie in their minde , Britaines first Monarch warlike Brute abuse , Of all the Northern world , this Isle did chuse . With fire and sword he did obtaine his sute With peace and ioy we chuse a second Brute . Peace , valure , learning , science hee did bring , Thou feare of God , whom thou doest onely feare : Imperiall Monarche , truth and concordes King , No champion then did weild his fruitlesse speare , No chaine did tye the milde vntamed Beare . Saturne then liued , no Sinon did amisse , All men were free , ( no slaue by Nature is . Oh sacred age , and blessed times of yore , When iust Astraea rul'd this circled plaine : Then each man liu'd alike , and liu'd withstore , No Persian blood did Salamina stayne , No Vandals Rome , nor Romane gouernd Spayne . No Cannas chaunce did cause Saturnia mourne , No sencelesse Nero wisht new Troy to burne . No Manlius sought a Diademe to gaine , No iust Papirius sude for Fabius bloud : Claudius as then did not Virginia stayne , No Consulls fell at Alias flaming flood , Red Charea was not dewde with Fabys blood . Albans and Romanes knew no single sight , Saffetius did not yeeld to Martius might . The vnspotted spowse of martiall Collatine , Did not consent to Sextus lawlesse lust : Each virgin was ybound with Vestas line , Camillus needed not the Ardeans trust , Nor Sceuola his hand in flames to thrust . But see , oh see how age doth follow age , VVorse after worse , as Actors on a stage . Thrice happy Britaine , strong vnited Ile , Disioynted was by her first monarches fall : Then Albanact was slaine by Humbers guile , Caesar then conquer'd it , who conquered all , Hunes , Pictes and Danes tryumph't in Britaines fal . Vaile sorrowes roabes , Ioues father comes againe , The golden age begins with Iacobs raigne . The Lords great Stuart , Albions mightie King , Our second Brute like to the morning starre , To Englands Court doth light of comfort bring , Now Concords boult doth Ianus temple barre , Binding in chaines the sternest god of warre . Vertue and valour triumph euermore , Augustus liues adornd with Crassus store . TO THE MAIESTIE OF King Iames , Monarch of all Britayne . ALl haile great Monarch of the greatest Ile , The Northerne worlds vnited lawfull King , Pardon my rudest reede vndecent stile , Though I want Skill in thy new Empires spring , Yet doe I loue , and will thy prayses sing . Me thinkes I do on Clarps Kingdome stand , No maruaile , for Apollo rules the land . On true obedience knee I pardon aske Of thy diuine heroicke Maiestie , It was thy merites great impos'd this taske On my weake pen , badge of infirmitie , Too weake indeede to prayse thy excellency . Each Cherrils muse doth now salute thy grace , Shall I alone be mute and hide my face ? Mar● extold Augustus peacefull daies , The Liricke Poet sung Mecenas fame : Ennius did Scipio Affricanus praise , If all they liu'd and saw thy sacred name , Each verse they made should sure containethe same . But if they reade thy gift , oh Princely worke ! For shame they would in vntrode desarts lurke . If Englands Load-starre pride of Poesie , Could the firme Centers regiment transpearse : And formalize his peerlesse ingeny , Thy all-surpassing vertues to rehearse , A Princely matter fitts a princely verse : Yet were his wit too weake thy deeds to praise , Which brought vs ioyes , in our most mournfull daies . Could Lidgat passe the tower of Proserpine , And like to Virbius liue a double age , Penning thy Trophies in a golden skrine , Yet could he not thy mertis equipage , Admiring most would vse a tapinage , Bocchas and Gowre , the Virgils of their time , Could not vnfold thy prayse in antique rime . If these foure Poets liu'd like Lions foure , They should thy famous Coach of glory drawe From Vertures temple , to true honours towre , Each should a kingdome haue , thy foes should know Thy might , and feare their finall ouerthrow . But what should muses sing ? the world doth see , And seeing , feares vnited Britany . Still liuing Sidney , Caesar of our land , Whose neuer daunted valure princely minde , Imbellished with Art and Conquests hand , Did expleiten his high aspiring kinde , ( An Eagles hart in Crowes we cannot finde . ) If thou couldst liue and purchase Orpheus quill , Our Monarches merits would exceed thy skill Albions Maeonian , Homer natures pride , Spenser the Muses sonne and sole delight : If thou couldst through Dianas kingdome glide , Passing the Palace of infernall night , ( The Sentinels that keepes thee from the light ) Yet couldst thou not his retchlese worth comprise . Whose minde containes a thousand purities . What fatall chance is this , and lucklesse fate , That none can aptly sing thy glorious prayse , And tell the happinesse of Englands state , O barren time , and temporizing dayes , Fowle Ignorance on sacred Learning prayes . But now I doe a Diapazon see , None but thy selfe ( great King ) can sing of thee . That Macedonian starre , first Prince of Greece , Sent for that wandring learned Stagirite , To teach his Sonne knowledge of knowledges : His sword was keene , his sense could ill indite : Thy sworde is shape , and who can better write ? He had another to instruct his sonne , What he by others did , thy selfe hath done . Some Caesar deemde the happiest mortall wight , That breath'd the ayre , or did ascend the skye , For conquering Scipios force , and Pompeis might , Some did Augustus iudge more happy , why ? Because the vanquisht Aegypts Anhtony , Romes holy Prince , said Nerua did surpasse , For leauing such a sonne as Traian was . If those olde Wisards which of yore did sing , Read with impartiall eyes thy peerlesse deeds , ( Great Prince of warre , of peace thrice happie King ) Concord should reconcile their striuing reeds , And sensures ioyne , which censures enuy breeds . Caesars acts , Augustus peace , good Neruas kinde , In thee alone , in non but thee we finde . The siluer Moone plac'd in her circle round , At her encrease , her equall distant hornes Vpwards ascends , as scorning abiect ground , So when the worlds great honour first was borne , That fayre arising Sunne , cleere faced morne , Her mounting thoughts did to the heauens Towre , Scorning the earth , or any terrene Bowre . But when that Virgins Goddesse doth decrease , Her picked forkes their course to Terra bend : So when our Englands Lunas light did cease , The Artike Clime an Vnicorne did send , VVhose radiant Iusture , night shall neuer end : Phoebes cleere light seemes darke , whilst he doth shine He borrowes perfect light of God diuine . Those that do reade the secrets of the skie , Whose iudgement is in heauen conuersant : Which portraiture the signes in heauenly die Might asseuere that Virgo was on high , I sawe a starre of late from heauen flie : Why cannot this starre then faire Virgo bee ? A starre more chaste I thinke we cannot see . O now my thoughts can diue into the deepe , Our all ships guiding starre was fixed there : And when Eliza did with honor sleepe , Mounted vpon her praise deseruing beare , She did obtaine of him she lou'd so deare , That she might haue his seate , he rule the land Which she of late as Empresse did commaund . The Anatomizers of our learned daies , Affirme that Virgo do the belly guide : No wonder then that Albions wondrous praise , That Virgin Queene which here on earth did bide So nourisht each poore hunger-bitten side . Now she is dead , oh who will them reliue ? The present starre doth present comfort giue . I heard an aged woman often say , That she did see a starre from heauen descend : Which was as true me thought , as trees did bray : For she alledg'd the same , and did commend A certaine Crowe , whose wit she did defend . Pardon me Age , for now mine eyes do see A starre on earth , more bright than starre can bee . To whom shall I this Northerne starre compare ▪ To Caesar which did first subdue the state : To Horsus who no limbe of Christ did spare , Damming his soule this land to ruinate , Great Williams conquest and the Normanes hate . Thus doth my Muse all wanting art begin , To sing thy vertues , and to shewe their sin . Caesar was twice repulst ere he could see This litle world from all the world remote : Before we sawe thy face we sent to thee , As to a Pilot for to guide our boate : Which did in Seas of suddaine sorrow floate . He lost his sword before he conquest wan , We yeeld thee all our hearts , and all we can . Horsus by cruell tyrant trechery , Subdude Ambrosius that wise Prince of peace : Witnesse the hidden kniues at Salisbury , He trauaile brought , but thou doest bring vs ease , Thy true descent makes greedy warres to cease . A Wolfe possest his heart , a Lyon thine , He worse then man , thou better more diuine . William was fierce in warre , and so art thou : In counsell sage , thou doest him aequalize : His sword forc't foes their trembling knees to bowe , Thou conquerst hearts , by thy hearts winning eyes By force he wan , by merits thou doest rise . He brought subiection , thou doest freedome bring . He loued warre , but thou of peace art King. Rufus was rude , thou ciuill , gentle , kinde : He was austere , thy browes hath mercies frowne : He had a Neros hart , thou Caesars minde : He hunting lou'd , for pleasure tumbled downe Many a Castle fayre , and stately Towne : Thou lou'st the chase , yet Cities doest adorne , Thou wert for all the worlds great profit borne , Henry was grac't with artes , thou doest excell : Children did blesse his age but soone did dye : Children thou hast in health and perfect well , ( God prosper them with pure prosperitie , ) Adorne their harts with louing pietie : He was a worthy King , thou worthier farre , Thou art our Northerne-Pole , harts-guiding starre . Soare humble thoughts , and let my abiect pen Touch the high mounted Artike Northerne starre , And there compare this man excelling men : VVe should compare the things that equall are , And who is like this light , this lampe , this starre ? Mine eyes distill sweete teares , the teares of ioy , To see Troyes issue raigne in new found Troy. Let Barland cease to write of wisest Kings , And Mellificius with his tuned voyce , From whose sweet tong sprang learnings sweetest springs ? Sing not of Persians prayse , or Caldeans ioyes , The Grecians Emperour , Europs worthiest choyce . These three combinde , each sought the others fall , Britaine is ioynd , and Concord guides it all . When Alexander sawe that precious stone , Vnder whose Isye wings Achilles lay , Shedding ambitious teares , he said with mone , Vnhappy I , and ten tunes happy they , Whose ensignes prayse , sweet Homer did display : Then happy art thou King , whose raigne wee see Homer doth sing thy prayse , for thou art hee . The Maiestie of Marius fearefull face Did terrifie the Cymbrians crauen minde : Though he were armde with Clothos fatall mace , And solemne oath to murther did him binde , A wandring Bucke did feare the Eagles kinde : So did thy Princely lookes and grace of God Protect thy issue from a Traytors rod. Now doth my Ship in plenties Ocean sayle , Pusht with a pleasant gale of pleasures winde : But stay I here an enuious Momist rayle , Thy toothlesse threate doth not amaze my minde , Barke , for thou canst not bite , I scorne thy kinde , That which I write , I reade , and both are true , I dare not , nor I will not tell what will ensue . My hope is good that we shall happy bee , Hopelesse our foes , they feare , we still secure : We peace , they warre : Ye endlesse peace shall see , We plenty haue , they pouerty endure , Religion we sincere , but they impure . They liuing seeme to dye , we dying gaine To liue with Saints in Paradisus plaine . What said the learned , those that learning loue , If causes perish , then effects decay , Pray for the cause , yea , pray to God aboue That he may long the Albion Scepter sway , Who shinde like Sol in our Cimmerian day . Liue , and liue long , great King , liue many dayes , Vse that fayre Theame , Be as thou art alwayes . FINIS . TO THE WORTHY AND Honourable Gentleman Sir Philip Harbert , Knight of the most Noble Order of the Bathe . THe second time doth my unworthy muse Salute thy milde aspect thrise noble Knight , Let gracious censure his defects peruse , Whose Genius waites on thy heroicke spright , Whose loue and life are bent to honour thee : And whilest breath lasteth vse both them and mee . These Poems which my infant labours send As messengers of dutie to thine eares , Are of small value , but if nature lend Some perfect dayes to my unripened yeares , My pen shall vse a more iudicious vaine , And sing thy glory in a higher straine . Your Honours at commaund . William Harbert . TO THE IVDICIOVS Reader . I Which in bloudy warres haue sleep'd my pen , Whose Muse the passing bell of peace did wring , And how the world did loose a world of men , Now chuse to touch a more concordant string , My Prince his prayse , whose prayse I le euer sing . T is no mechanicke hope of hired gaine That mou'd my minde these labours to sustaine . No , that ignoble basenesse I abiure , It was the loue I euer bare the place Where first I breathed life did me allure , In pleasant paines for to consume a space , And her to prayse , though with mine owne disgrace : With my disgrace , why ? though my verse be ill , I do not doubt to please the good with will. To thee Iudicious Reader do I send These fruites of youth , t is thee I hope to please : If that my muse the ignorant offend , No lines of mine their fury shall appease , I set iust warre before an vniust peace , I rayle not I , though I with Plato say , To please the wise , must bee the wisest way . THe lotted seruant to rhy Infant age , Thrice glorious issue of a gracious King , Least that her twelue-monthes fearefull tapynage , Ingratitude suspect to thee should bring , Me , though vnworthy , chose thy prayse to sing Her mourning garments she hath cast aside , And hopes ere long to entertaine her Bride . The Cleargie with the Barons borrowed light , Is now obscured by thy transplendant shine : The Rochet nor the Border hath no right To rule , but that which doth from thee decline , She ioyes and glories to be onely thine : Shee deemes it honour , count it no dispraise For thee with her to spend thy yonger dayes . No matchles Machauil , nor Arietine , Doth her plaine meaning breast with enuy breede , Her wits do moderne seeme , and not diuine , Loyall her loue though lowly is her weede , A sympathie there is of word and deede : Such as these are , in Wales thine eyes shall see , Thousands that will both liue and dye with thee . O was she euer false , vntrue , vnkinde ? Since her obedience did augment thy stile ? Or since the parted Roses were combinde , Did euer rebels blood her brest defile ? Or did she euer Englands hopes beguile ? Witnesse the world , and those that liue therein , Her spotlesse soule did neuer taste that sin . Search Truthes Records , not times illuding lines , Then shall thy Princely thoughts and eyes be fed With the strange wonders of those warlike times , When thy great Grandsyres made our channels red With blood of those that on our shoares laie dead . Teaching great Caesar how to runne away , That neuer knew to slye before that day . Ten yeares did Rome and all the world admire , For all the world and Rome ten yeares did feare The lusture of thy Bekons set on fire , Great Odonisis King , Character , Whose endlesse worth my worthlesse Muse shall reare To that bright Spheare where honor doth remaine , She loues thee dead , thy life her loue did gaine . VVhat honor or what glory didst thou win VVith the earthes strength to conquer but an I le , Maister of the worlds mistres , mightie King ? Only this grac'd the greatnes of thy stile , Claudius with blood did not his hands defile . This triumph Rome did thee as highly grace , As when by Scipio Affrique conquered was . How many Legions Caesar didst thou send ? How many Consuls did returne of thine , VVhich sought what others marr'd , by warres to mend ? How many Emperours Britaine did repine , To see thy honor rise , their praise decline . Let Tacitus vnto the world declare , No land saue Rome might with this land compare . I know yong Prince , and am agreeu'd to see The leeuy'd lookes of squint-cyde Theonyn : Who saies this sault is proper vnto mee , To iudge all others base our selues diuine , No enuious Momist t is no fault of mine : That seme are so , I must confesse t is true , All are not bad of vs , nor good of you . The mellow fields haue tares as well as corne , And thistles grow amidst the greenest grasse : An Anacharse in Tartary was borne , Vertue and vice do meete in euery place , Clodius in Rome as well as Milo was . Both good and bad in euery land we see , And so are you , if of a land ye bee . Curbe the malignant pride of enuies rage , And checke the stubborne stomackes of disdaine , These penny Poets of our brazen stage Which alwayes wish , O let them wish in vaine , VVith Rossius gate thy gouernment to staine , Make them more milde , or be thou more austere , T is veretue , vnto vice to be seuere . I speake not this vnto the learned wise , For them I loue , because the truth they loue : T is the bleard iudgement of seditious eyes , That doth my muse and my affection moue , A most vnwilling Satirist to proue : Nature hath made me milde , but these hard men Turn'd my soft quill into a brazen pen. Play not the Satyr peace affecting muse , I doubt not but their conscience will prouoke These Lucilists their follies to refuse , And make them soft , though they were hard as oke , Conscience makes bad men good , so wise men spoke I leaue them to their spurres , my muse shall flye Vnto that Sphere where enuy dares not prye . Vnto that Sphere whose circuit doth containe The neuer spotted essence of his soule , Whose sacred intellect no worldly staine Could with desires rebelling aide controule : This guilded Sphere is like a golden boule , Which many lesser mazers doth containe , So many vertues in this one do raigne . Why parriall nature stepdame to my birth , Ye mixed elements affections slaues , VVhy did ye frame this vessell but of earth ? An equall matter to the dead mens graues , And ioynd thereto a spirt like the waues : Low as the earth although my Genius be , Yet doth it touch skye threatning Maiestie . O were my wit but equall to my will , VVere I as wise as I am ignorant , Here were a place that would deserue my skill , Had I as great experience as I want , Then would I in a booke of Adamant , And Inke compoz'd by water made of golde , VVith pens of Diamond thy prayse vnfolde . Let Iustice rule the organ of thy speech , And Clemency adorne thy Princely browe : Vnto thine eares long absent patience teach , By these which good men wish , let all men knowe , None but thy selfe , thy selfe can ouerthrowe . Let pittie check the rod when we offend , That makes the good more good , the bad to mend . I witnesse call the seuen hilled Queene , How we obey'd , when Lawes obey'd were : And shall not we be now as we have bene ? Feare made vs then vnnaturall bondage beare , VVe now securely liue , and cannot feare . Doubt not thereof , but come experience haue , VVe loue to serue , but loathe the name of slaue . Our gazing expectation longes to see The true admired Image of thy Syre : Which Nature hath so rightly grau'd in thee : As Phisicke causes seem'd , they did conspire To shape the like to him whom all admire . So Sions sacred singer Dauid saies , Good trees bring forth good fruit , good fruit alwaies . Do not sweete Sallets spring from soundest seed ? And is not man like God , which man did make ? Can bad effects from causes good proceed ? Do we see fruite on any withered stake ? Or do we see in sea a bush or brake ? How canst thou then not good and perfect bee , That wert engraft on such a goodly tree ? FINIS . Notes, typically marginal, from the original text Notes for div A02624-e210 S. P. S. Baye . Oliue , and Oake . Notes for div A02624-e1070 Description of Fortune . Geometry William the Conquerour . Cadwallader last King of the Buranes , his land being vexed with the scourge of Pestilence , went to Rome , where he vndertooke the habit of a Friar Wolues . Madans second sonne . The helmet was the ancient crest of the Teudors . So called for assisting Godfrey of Bullion , in his expedition to Judaea . Bassianus and Geta. Henry the 2. sonne of Mawd the Empresse , and Stephen Earle of Blois , Nephew to Henry the first . Brennus . Henry the 2. the first Plantaginet . Richard 2. Marcellus , so called by Hanniball . ●●nniball . ●i●us Flam. ●●s slaine at ●●e batle of ●hrasimenus ●●ose death is by his ●●nne ●●enged in the ●●isoning of ●anniball . ●enry the 3. Caius and Tiberius Gracchus . The saying of Leoline himselfe , as Powell hath laid down in his life . Queens Isabel wife to Edward the ● . was next heire to Charles king of France whose title our present king doth enioy Scipio & Lentulus two worthy Ro stroue vehemently in the campe of Pomper : for the Bishoprick of Rome , but the battels ioyning & Caesar winning , their strife ended with their liues Ed. the third , maried Phillip daughter to the Earle of Henault . Lord Roger Mortimer Earle of March and Queene Isabel , compared to Anthony & Cleopatra : Edward the blacke Prince compared to Geranicus . Edward the blacke Prince ayded the Erle of Artois against King Iohn of France . Aristotle . ●ermanicus ●●peased Ger●any , but end●d his dayes by ●oison in As●i●a . ●dward prince of Wales re●●ored Peter ●ing of Spaine ●nto his King●ome by the ●onquest of Henry his basard brother , at ●he battle of Nazers . ●ohn Lord ●eaumont , ●ooke part with the eng●ish against the French nation , but afterwards ●e fauoured the ●actiō of Iohn , king of Frāce . The lord Audley at the battle of Poytiers behaued himselfe most valiant , as Crasinius did in Pharsalia , who bad Caesar be of comfort , and take courage before he fought and that day he should praise him aliue or dead , which he performed , for he lost his l●e in the pursuite of honor , and for the safety of Caesar . Ed. the 3. compared to Paulus Aemi● who in his greatest glory lost his chiefest ioy , namely his t●● sonnes . Romanes . The halfe Moone is t●● armes of th● Percies Ea●● of Northu●● Hen. Bussi●●brooke D●●● of Heref. w●● accused by Th. Mowb●●● Duke of N●●folke of tre●son , which 〈◊〉 not being 〈◊〉 to proue , w●● contented t● maintaine 〈◊〉 allegation 〈◊〉 combat , 〈◊〉 his aduersa●● did accept . But better ●●uice being ●●●ken , they w●●● both banish●● the land , He●●ford for the terme of ten yeares , and Mowbray 〈◊〉 the date of 〈◊〉 Caligula slain by his own friends The stone where the Kings of Englands chaire is placed at their Coronatiōs , is reported to be that stone wheron Iacob laid his head whē the Angel appeared to him in his dream Genes . brought frō Scotland by Edward the first . Henry 4. The extremitie of his lawes are set downe at large in Powels Annales . Owen Glēdour compared to Sertorius . Edmund Mo●timer Earle o● March was d●signed heire apparant in the dayes o● Richard the 2. if the King dye● without issue . The battle at Shaftsbury Henry the 5. borne at Monmouth shire in Wales . Henr. 5. Pyrrhus . The Duke of Yorke & Earle of Suffolke , were the onely men of Nobilitie that ended their liues in the battell of Agincourt . Crassinius was the first Captain that charged the enemy in the Field , which office of valure , Edward the Duke of Yorke enioyed at Agincourt . Mercuries Oration . He dyed in a Chamber at the Deane of Westmi . lodging named Ierusalem . The Fates ●nswere . Mercinys reply . The ciuil wars of Marius and Sylla . The battell Spayne , whe● Caesar was victor . Caesar slaine the Court of Pompey . The battell 〈◊〉 Phillippia . The feelde at Actium . The first of Sain● Albons barrells . Daysie in ●rench , signi●●eth Margaret At Wakefield , Rich. Duke of Yorke being taken by the Lord Clifford , in reuenge of his fathers Ideath slaine at S. Albons , I crowned the Dukes head with paper . The secon● Battell of S ▪ Albons . thard Earle Warwicke . ●argret daugh●●r to Reino ●●rle of Aniow ●ho entituled ●●mself King of Naples , Sycil , & ●erusalem , but ●●ioyed none . That day in which Caesar lost his 〈◊〉 in the Court of ●ompe● , a poor man tendred him a petition which he light●y regarded , the contents wherof if he had pervsed , his life might haue bene preserued At her first c●ming , landin● at Southham●ton , some pa●● of Paules st●●ple . and many other Church●● in England were set on fi●● A compari●on of Edward and Warwicke with Octaui●s & Anthony . Richard. 3. The battle o● Bosworth . Henry . 7. Arthur . Henry . Margaret . Mary . Elizabeth eldest daughter to Edw. the 4. was maried to Henr. the 7 by which mariage the both houses of Yorke and Lancaster so long seuered wer vnited Henry 8. Christ Chur●● in Oxford . Edward 6. Queene Mary married with Phillip Prince of Spayne . ●●●stotle . 〈◊〉 . Iames the 1. of England , and 6. of Scotland . Basilicon Doron . Chaucer , so called by M. Camdon . Philip Aristotle Notes for div A02624-e29400 Cornelius Tanitus in the life of Agrippa . 
A33897	----	Animadversions upon the modern explanation of II Hen. 7. cap. I, or, A King de facto Collier, Jeremy, 1650-1726. 1689 Approx. 34 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-09 (EEBO-TCP Phase 1). A33897 Wing C5241 ESTC R6488 12905802 ocm 12905802 95315 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33897) Transcribed from: (Early English Books Online ; image set 95315) Images scanned from microfilm: (Early English books, 1641-1700 ; 977:21) Animadversions upon the modern explanation of II Hen. 7. cap. I, or, A King de facto Collier, Jeremy, 1650-1726. 8 p. s.n., [London : 1689] Reproduction of original in Cambridge University Library. Attributed to Jeremy Collier. cf. NUC pre-1956. Caption title. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers. 2003-06 TCP Assigned for keying and markup 2003-06 Apex CoVantage Keyed and coded from ProQuest page images 2003-07 Mona Logarbo Sampled and proofread 2003-07 Mona Logarbo Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion ANIMADVERSIONS Upon the Modern Explanation of 11 HEN. 7. Cap. 1. OR , A KING de FACTO . THough our Gentlemen of the Revolution seem well satisfied with their new Allegiance , yet the Reasons ( if not the Degrees ) of their Compliance are very different . 'T is true , there are some few furnished with that variety of Demonstration as to be able to make out the Justice of the late Proceedings from no less than Four infallible Topicks , Abdication , Forfeiture , &c. but Men of this Compass of Thought are not commonly met with . The more moderate Undertakers are content to maintain a single Post , and think themselves well if the Cause will afford them one good Reason for what they do . Now in this their Vindication they are no less divided from themselves than from their Neighbours of the old Government . Some Men affirm , That the Crown was lapsed to the People , and that their Representatives have given it to the Prince of Orange , by way of Gratitude . Others thinking their Consciences not safe in this Bottom , tell us , That they are either Conquered or Undone ; and seem Uneasy , because they don't argue in Chains . In earnest , our Circumstances must needs be hard , when our best Friends , who were so nicely Apprehensive of the least Incroachment , desert us at this surprising Rate . Who would have thought that these Keepers of the Liberties of England , who declaim'd so heartily against Arbitrary Power , and gave God solemn Thanks for their Deliverance , should reverse their Devotions thus soon , plead against Magna Charta , and set all their Wits on work to make us as great Slaves as those in Turkey ? For that this glorious Condition is the Consequence of Conquest , is a Truth so obvious to collect , that a very little Reasoning will make it undeniable . And as if Disputing and Printing against the freedom of their Country were not enough ; to make all sure , they are pleased to ratify their Slavery with an Oath . That they do no less is apparent ; for those that Swear to the new Establishment , upon the Principle of Conquest , Swear that the Laws of the Old Constitution are no longer in force . And that the present Possessors may turn them out of their Freeholds , and sell them to the West Indies without any Legal Injustice . For when a People are Conquered their Lives and Fortunes lye at the Mercy of the Conquerour . This Title makes his Sovereignty absolute , and his Will a Law. But I shall take leave of these Submissive Gentlemen , and proceed to consider the Arguments for a King de Facto . Now it is asserted by some of the Long Robe , That Possession of the Throne , abstracted from any other Title , is sufficient to challenge a full Obedience from the Subject ; and that the Right of a Lawful Prince expires upon his Dispossession : This Opinion is founded upon Sir Ed. Coke's Authority , who in his Institutes Part 3. Ch. High Treason , maintains , That the Word Roi , mentioned 25 Ed. 3. is to be understood of a King in Possession ( though unjustly ) of the Crown and Kingdom . The Grounds of this Conclusion are taken from 11 H 7. c. 1. Now supposing this Act did resolve all Right into Force , and was as Extraordinary as some People would make it , yet it could secure no more than thē Dominion of England to the present Possessors . For First , It cannot reach Scotland because it is an independent Kingdom ; and it has lately declared in Parliament ( when Duke Lauderdale was High Commissioner ) that the Prosperity of that Nation has been chiefly owing , next under God , to the absolute Power , and uninterrupted Succession of their Kings . So that it is plain , a King de Facto has nothing to do there ; neither has he any better Colour of pretence to the Government of Ireland . First , For the Reason above-mentioned , viz. because Ireland is a separate and distinct Dominion from England , as Sir Ed. Coke undeniably proves , Calvin's Case , p. 22 , 23. Secondly , If it be Objected , That the Irish obliged themselves by Poyning's Act to be governed by the Laws of England . To this I answer , That the Irish bound themselves only to receive those Laws which were then made , not such as should be made , for the future ; and therefore that Kingdom is unconcerned with 11 H. 7. in regard it was Enacted a Year after the Statute of Poynings . Besides in that Island , the King de Iure , and de Facto , is the same person . To return therefore to England , I observe First , That Sir Ed. Coke , in his Notion of the Prerogatives of a King de Facto , contradicts himself : For , in Calvin's Case , he tell us , That Allegiance and Faith are due to a King by the Law of Nature . He must mean a Rightful King ; for the Law of Nature doth not incourage Injustice and Usurpation . Secondly , He affirms , That the Law of Nature is part of the Law of England , and cites Bracton , Fortescue , &c. for this Point . And Thirdly , That the Law of Nature is immutable , Calvin's Case , p. 12. From hence I infer , That if Allegiance is due to a Rightful King , by the Law of Nature ; if this Law is incorporated into our English Constitution , and of an immutable Obligation , then it necessarily follows , That as long as we have a King de Iure , we must be de Iure his Subjects : So that by Sir Ed. Coke's Argument , It must be unlawful to assign over our Obedience to a Prince de Facto , who hath nothing but meer Power to prove his Authority . Farther he tells us , That Rex de Facto & non de Iure , is Seignieur le Roi , within the Purvieu of the Statutes , sc. 25 Ed. 3. which he pretends to prove from 11 H. 7. c. 1. which being the First Authority he cites in confirmation of his Opinion , he owns by Consequence , That before the making this Statute , a King de Facto was not within the Purvieu of 25 Ed. 3. And therefore , upon his own Grounds , the King for the time being , mentioned 11 H. 7. c. 1. must be a King de Iure , at least one that was presumed such ; because at that time the Constitution knew no other : For that Possession was not a sufficient Title before 11 H. 7. will evidently appear from these following Remarks . First , Because we don't find so much as the Name of a King de Facto in our Statutes till ▪ 1 Ed. 4. c. 1. where all the Lancastrian Line are declared Kings ▪ de Facto , but not de Iure ; in Deed , but not in Right ; pretensed ( or pretended ) Kings . 1 Ed. 4. c. 1. Secondly , Henry the Sixth is said to be rightfully amoved from the Government : And his Reign affirmed to be Intrusion and Usurpation ; and himself attainted for being in Arms against Edward the Fourth . Cotton's Abridg. fol. 670 , 671. Baggot's Case , 9 Ed. 4. Thirdly , All Patents of Honour , Charters and Priviledges , which were granted by the House of Lancaster ; all Acts of Royal Authority , which the Kings of England have a Right to execute by vertue of their sole Prerogative ; ( nay Acts of Parliament themselves , particularly those relating to Shrewsbury , and some others , which by parity of Reason supposes the rest in the same Condition ; ) all Acts of this Nature were confirmed by the first of Edw. the Fourth , which is a good Argument that this Parliament believed the Authority by which they were performed to be Defective and Illegal : For we never find any such general Confirmations as these pass upon the Grants of Kings de Iure . Fourthly , In the First Year of Hen. 7. Ric. 3. was attainted of High Treason in Parliament , under the Name of Duke of Glocester ; ( Lord Bacon , vit . H. 7. p. 1004. ) from whence its plain , That as there was no Statute , so neither was there any Common Law to support the Title of a King de Facto ; for Treason is an Attempt against the King's Person , his Crown and Dignity , but no Man can commit Treason against himself : Therefore if Ric. 3. had been a King in the Sense of the Law , we may be sure he would not have had such an infamous Censure past upon him after his Death . Bradshaw , and his High Court of Justice , were the First that were so hardy as to pronounce a King of England guilty of Treason . Fifthly , if this Notion of a King de Facto had been allowed in the 1 H. 7. the Principal Assistants of Ric. 3. would not have been attainted , ( Lord Bacon ibid. ) for Richard being actually in the Seat of the Government , he was , according to our modern way of arguing , Rightful King ; and consequently the People ought to own him as such , and defend him against all Opposers : And if so , certainly they ought not to be condemned as Traytors for doing their Duty , as we find many of those were who fought for King Richard. Sixthly ; At the end of this Parliament Hen. 7. granted a General Pardon to the common People , who had appeared against him in the behalf of Ric. 3. Now Pardon supposes a Fault , and the Breach of a Law ; which they could not have been charged with , if the Plea of a King de Facto had been warranted by the Constitution . The Consideration of these Things is sufficient to confute that new Notion , which is advanced in a late Book ( The unreasonableness of a Separation , &c. p. 30. ) viz. That a King de Facto is in the Sense of our Law no Usurper . The Instances of proof are made in the Three successive Henrys . Thus this Author : But we see unrepealed and unexceptionable Acts of Parliament say the contrary . For , not to sum up the whole Evidence , are not these Lancastrian Princes called pretensed Kings , Kings in Deed but not in Right ? Now what are pretended Kings , who have no Right , but are rightfully amoved from the Government , what are such Kings but Usurpers ? If the detaining and exercising that Power or Property , which by evident Declarations of Law belongs to another , be not Usurpation ; then no Man can be an Usurper , but all Titles are alike , and there is no such thing as Right and Wrong . But possibly this Author thinks the Crown to be Ferae Naturae , and that its every Ones that can catch it . If so , the Parliament 1 Ed 4. was not of his Opinion . For they condemn the Proceedings of Henry Earl of Darby ( as they call Hen. 4. ) in very sharp Expressions ; they affirm the Reign of Hen. 6. to be Intrusion and Usurpation . They are very positive , That he who is an Intruder at First , must ( provided the Right Owners are known ) be an Usurper ever after ; and that the Continuation of an Injury cannot alter the Nature of it , except it be to heighten the Crime . Indeed it would go hard with honest Men if Dominion might be acquired by Injustice , and Right depended upon Wrong . This Parliament , Rot. Parl. 1 E. 4. n. 9 10. . &c. and that of 1 Iac. 1. ( though possibly this Author may not think it material ) fix the Crown upon the Point of Proximity and declare , That Ed. 4. and Iac. 1. are rightful Kings of England by virtue of their Lineal Descent , by the Laws of God , of Nature , and those of the Land ; and that they will repute them , and their Heirs , for true Kings of England , and no other , in virtue of their said Right and Title , and spend the last drop of their Blood in defence of it . This one would imagine is sticking upon the point of Proximity to purpose : And yet our Author is pleased to say , That a King of England may challenge Obedience though he does not claim by an immediate Hereditary Right , pag. 30. Now he that has Allegiance due to him must have the Prerogatives of Sovereignty : For the Word Allegiance , applied to Kings , imports thus much in the Sense of our Laws , 11 H. 7. &c. So that by Consequence he may be King to all Intents and Purposes without an immediate Hereditary Right , i. e. without any Hereditary Right at all : For Hereditary Right is nothing but a Lineal Succession to the last Lawful Possessor , and therefore it must be immediate in the very Notion of it . For where the next in Blood may be Lawfully pretermitted , the whole Family may be served so too ; and consequently can lay no claim to an Hereditary Right . But as far as our Author can see , our Laws require Allegiance to be paid to a King , without such Hereditary Right . I am sorry he could not see these Acts of Parliament , nor the Oaths of Allegiance and Supremacy ; for then possibly he would have been of another Opinion . There is an excellent Book , called The Grand Question , which , had it lain in this Gentleman's way , I believe the Authority and Reason of it would have inlightned him upon this Point : For that Great Author proves , That an Act made 1 Ed. 3. was not barely Repealed , but declared in Parliament to be Unlawful ; because Ed. 2. was then Living , and true King. Rot. Parl. 64. 21 Rich. 2. Grand Quest. p. 80 , 81. Secondly , He takes it for granted between himself and his Adversary , That Hen. 4. was an Usurper , and consequently that the Repeal of 21 Rich. 2. was not Legally made ; especially considering Rich. 2. was then Living , Id. p. 83. Thirdly , He avers , That Ed. 3. was an Usurper as long as his Father was Living , and the Proceedings of the Parliament under him , during that time , null and void . p. 85 , 86. And yet it must be granted , That Ed. 3. had several Advantages which some Kings de Facto cannot pretend to . For 1. He was Heir apparent to Ed. 2. 2. His Father had resigned the Crown , though by constraint . 3. The Parliament which adhered to him was summoned in Edw. 2. Name . 4. There was no Oaths of Allegiance and Supremacy enjoyned the Members of both Houses , under the Penalty of nulling every Thing they did , by omitting to Swear ; as there are since by express Statutes ▪ 7 Iac. 1. 30 Car. 2. Farther I desire to know of our Author , Whether the English of a King de Iure is not one to whom the Government belongs , according to the Constitution ? He grants thus much , and affirms , That he who succeeds by proximity of Blood is such a King de Iure . Now if a Prince who claims by Descent comes in by the Constitution , then he who founds himself upon the Peoples Consent ( the Author's King de Facto ) must cross upon the same Constitution , and consequently be an Unlawful King. For if the Laws tye the Crown to Succession , as they evidently do ; then a Title drawn from the Peoples Consent is against Law : Unless a Kingdom can be Elective and Hereditary at the same time ; i. e. unless the People may have a Liberty , and no Liberty , to chuse their King. Now if a King de Facto be neither de Iure nor a Usurper , neither a Lawful nor ( as our Author affirms ) an Unlawful King , then certainly he is no King at all . For to aver , That there is a Medium between these Two , is to say , That a Man may have a Title which is neither Right nor Wrong : And then sure Aristotle is much to blame for exposing those Philosophers who asserted , A Thing might be , and not be , at the same time . For the one is not a greater contradiction in Nature than the other is in Morality . Farther , this 11 H. 7. though never so loosely Interpreted , can do no Service to the present Settlement ; because it 's vertually repealed by 1 Eliz. by which we are obliged to Swear to be true to the King , His Heirs and Lawful Successors , i. e. those who have a Right to the Crown by Proximity of Blood. From whence I argue , First , That if we are Sworn by Act of Parliament to pay Allegiance to the Heirs of a King de Iure , who never were in Possession , then a Fortiori to a King de Iure ; who besides the Legality of his Title , has been actually recognized as Sovereign , and enjoy'd an uncontested Administration of the Regal Power . Secondly , If our Laws oblige us to Swear subjection to the Heirs , &c. of a Rightful Prince , then by undeniable Consequence we are bound not to translate our Allegiance to those who are unjustly set up by the People . For without all Question the Words Heirs and Lawful Successors were made use of on purpose to secure the Hereditary Rights of the Monarchy , and to prevent all Usurpations upon the direct Line . And since by virtue of the Statute which framed the Oath of Supremacy , we are not to acknowledge any pretended Governors to the Prejudice or Disinhersion of the Heirs of the King de Iure , then most certainly we ought not to do this in Opposition to the King de Iure himself . So that now we have no Pretence to make Right the consequence of Possession in the Crown , any more than in other private Cases . But supposing this Statute of H. 7. was in full force , it cannot be applied to the present Case . First , Because the Title to the Crown was then somewhat doubtful and intangled , at least , in the opinion of the People : For notwithstanding the Right lay in the House of York , yet that of Lancaster had possessed the Throne for Three Decents successively , and pretended that Edmund Crouchback , under whom they claimed , was elder Brother to Ed. 1. The Case therefore being thus disputable and perplex'd with respect to the Multitude ; this Act ( as my Lord Bacon observes ) was made to indemnify the Subject , who out of a principle of Integrity had serv'd the Crown ; it being thought unreasonable that the common People should suffer for their Loyalty . They had not an Opportunity of examining Pedigrees , and searching Records , and therefore it would have been hard , if they had been obliged to forfeit their Lives and their Estates , only for their being so unfortunate as to pay a well meant Allegiance to a wrong Person : And since at that time they were not so well qualified to find out the Right of their Prince , it was thought sufficient for them to follow the Solemnities of Pomp and Power , and to be exempt from Punishment , provided they adher'd to him , who was in present Possession : But to apply this Statute to a Case where the Title is clear and uncontested , is a very Illogical and Dangerous way of Arguing , and has as little Warrant from the reason of the Act , as from Equity it self . It appears sufficiently from the History of those Times , that this Act was only intended for the security of H. 7. who had a very lame Title , and therefore being made upon a particular and singular occasion , it ought not to be extended farther to the prejudice of Equity and Common-Law , nor be interpreted in such an extravagant Sence , as encourages Treason and Ambition to scramble for the Crown as often as they have any prospect of Succeeding in their Wickedness . But , Secondly , To put the matter out of all doubt , I shall prove from the very Words of the Act , that it was no more then a Temporary Law , and expir'd with the Life of the Prince who made it . The Statute begins thus , The King our Sovereign Lord calling to remembrance the Duty of Allegiance of his Subjects of this Realm . Afterwards the Enacting part follows , sc. Those who attend upon the King for the time being , and do him true and lawful Service of Allegiance , &c. shall be secur'd from all manner of Forfeitures and Molestations relating to their Persons or Estates , provided always that no Person or Persons , shall take any benefit or advantage by this Act , which shall hereafter decline from his or their said Allegiance . Now we know a Proviso is an Exception or Restraint upon the Latitude , and Comprehensiveness of the Law , and that all Statutes are perfectly Null so far as the Proviso reaches . Having premised this , I shall endeavour to prove that this Act was designed only for the security of that Reign in which it was made , and cannot be stretch'd any farther . To make this appear , Let us suppose a Competition between a Prince de Iure , and H. 7. i. e. an other de Facto , and that the Subject ingages for the latter . In this Case if the King de Facto prevails , there is no need of the assistance of this Statute ; for we cannot imagine any Prince could be so Impolitick as to punish those who have ventur'd their All to maintain him in his Government . This , besides the ingratitude of the Action , proclaims the Injustice of his Cause , and is the way to ruin his Interest . If it be Objected , That if it had not been for the Indemnity of this Statute , he would have been oblig'd to have punish'd them for opposing their lawful Prince . To this I Answer , First , Do Kings de Facto always perform that which the Laws require ? If so , they would never have been Kings de Facto ; since they could not make themselves Masters of the Sovereign Power , without dispossessing those who are supposed the right Owners of it . Secondly , The Possessour would not so much as seem obliged to punish his Adherents upon a Competition , except he own'd himself to be no more then a King de Facto , that is , unless he acknowledg'd the Acquisitions of his Victory Unjust , and himself an Usurper ; but we have neither Example nor Reason , to expect such singular Confessions as these ; For no Usurper will own himself in the Wrong so long as he intends to enjoy the Advantages of his Injustice : Upon supposition therefore that the Victory had fallen on the side of a King de Facto , the Act would be wholly superfluous . But Secondly , If the King de Iure had prevailed , the matter is not mended ; For now , though those that stood by the King de Facto will have great occasions for an Indemnity , yet this Act will be as helpless to them now , as it was needless before : For either they must submit to the King de Iure or not ; if they do not submit , it 's easie to imagine the consequences , how a Victorious and Irresistable Prince will treat the Obstinate and Rebellious Opposers of his Just Title ; if they do submit , as of necessity they must , then they can claim no manner of Priviledge and Indemnity from this Act , for they cannot come into the side de Iure without deserting that de Facto , i. e. without declining their Allegiance to him , who was King when this Statute was made . By declining which Allegiance , the Proviso expressly excludes them from all manner of Benefit or Advantage by this Act. In this condition the Law would have left the de Facto Party . If the Sovereignty had been disputed between H. 7. and the House of York , and the Prince de Iure , or House of York had been Successful : From whence it 's undeniably plain , that neither the Design nor Words of this Statute can be drawn to such a monstrous Construction , as to Enact bare Possession a good Title , and make Might and Right the same thing . The only design of this Parliament was to continue the Crown to H. 7. during his Life ; which both by the Body and Proviso of the Act , was as effectually done as in them lay . Now the reasons that prevailed with the Two Houses to consent to a Temporary alteration of the Constitution with respect to the Crown , were probably these . 1. Because H. 7. did not openly disavow his Reigning in his Wifes Right , who was Queen de Iure , for the Act of Parliament by which he was recognized King of England , was Interpretable in this Sence , ( Lord Bacon , ibid. p. 1003. ) and with this Construction there was no injury done to the Hereditary Right of the Crown . 2. Elizabeth , the Queen de Iure , by her subsequent Marriage and acquiescence , seem'd contented with this Settlement . So that her forbearing to claim , or in the least to insist upon her Right , was a tacit resignation of it to King Henry , which seem'd to make him not only de Facto , but during her Life de Iure too . 3. When this Parliament was called , Perken Warbeck had lately made a Descent upon Kent , and threatned the Kingdom with a more formidable Invasion ( Lord Bacon , p. 1075 , 1076. ) Now though the Two Houses might see through the Imposture ; yet it 's plain many of the People did not . Nay some Persons of great Quality , who had better Opportunities for Enquiry , believed Perkin to be the true Plantagenet , Son to Ed 4. The Parliament therefore , who knew him to be no more than a Counterfeit Prince , must conclude that the best way to secure the Succession of the Crown , was to support the Government of H. 7. which ( considering the present Scruples and Uncertainties of Right ) could not be more effectually done , than by Indemnifying all those who should afterwards appear for him . 4. We are to consider that at this juncture H. 7. had several Children by his Queen , viz. Arthur , Henry , &c. So that now the contending Families of York and Lancaster , being thus happily United , there was no reason to fear , That a Security , though an unusual one , to the present Possessor , could be prejudicial to the right Line ; especially since the force of that Act was confined to the Reign of that Prince , as has been already prov'd . 5. That this Act was no more than Temporary may be made good from the Practice , as well as the Reason , of that Law ; I shall cite the Duke of Northumberland's Case , who , when he was tryed for Treason for leading an Army against Q. Mary , desired to be informed by the Judges , Whether a Man acting by the Authority of the Great Seal , and the Order of the Privy Council , ( or Prince's Council , as Stow and Heylin word it ) could become thereby Guilty of Treason ? To which the Judges answered , That the Great Seal of one that was not Lawful Queen could give no Authority , or Indemnity , to those that acted by such a Warrant . Burnet's Hist. Reform . p. 2. p. 243. Upon which the Duke submitted ; though without Question he did not want Lawyers to reinforce his Plea , if his Case would have born it . From whence 1. I infer , against Sir. Edw. Coke , That Treason lyes against a King de Iure , though out of Possession : For its plain , by all our Historians , that Q. Mary was far from being possessed of the Crown , when the Duke of Northumberland acted against Her. So far was she from being Regnant that , its pretty plain , she had no great hopes of Succeeding . For when she understood Q. Iane had taken the Government upon her , she retired with only a few Suffolk Gentlemen to Framingham Castle , near the Sea , that she might be ready to embarque for the Security of her Person . But I shall insist upon this Corolary no farther though were it necessary it might be proved by other unquestionable Authorities . 2. I infer , That any Commission or Authority granted by a King de Facto , against one de Iure , is null and insignificant ; though it has all other Advantages and Forms which the Law prescribes . The only Objection against this Inference is , That the Lady Iane was not a Queen de Facto . But why not a Queen de Facto ? Had she not the Colour of K. Edward's Letters Patents , and the Concurrence of all the Judges save one , to support her Claim ? Did not a numerous Privy Council , several of which were Persons of the first Quality , and highest Offices of the Kingdom , swear Allegiance to her ? Heylin's Ref. p. 160. Was she not proclaimed in London , and in most of the chief Cities , Towns and Places , of greatest Concourse ? Heyl. Ibid. p. 237. Burn. p. 237. Were not the Tower of London , and the Land and Naval Forces , under her command ? 'T is true , some of them deserted her soon after ; but this proves they were with her before . Did she not assume the Name and State of a Queen , and were not the Seals those Dead Springs of the Government in her Custody ? I grant our Historians agree , That her Queenship lasted but Nine or Ten Days ; but if she had Reigned but so many Hours , it had been sufficient to prove the Point in hand : For the Essence of a King de Facto consists in Possession , and extent of Power ; not in the length of his Government . Besides , when the Duke pleaded the Warrant of the Privy Council , and the Great Seal ; the Judges answered , That his Authority was invalid , because granted by one who was not Lawful Queen . Where we may observe , They don't deny her the Name of a Queen ; but allow it by implication in their Answer . And since she was a Queen , and not de Iure , she must be one de Facto : For I have already proved , That our Laws take no Notice of any Third Chimerical Monarch , distinguished from these Two. We see therefore , in the Opinion of the Judges and Court in Q. Marys Reign , That the 11 H. 7. cannot indemnify the Subjects for bearing Arms against a Prince de Iure : For if it could have been serviceable to the Duke , its unimaginable to suppose his Counsel should forget such a remarkable Defence . But to bring the Dispute nearer Home , and to make the Case more plain , if possible . Let us suppose 11 H. 7. still in Force ; and upon this supposition I argue , That this Act must necessarily give the same Advantages to the Lawful Successors of H. 7. which it gave to himself : For if Allegiance is due to a King de Facto , then certainly it is equally due to him , who is King both de Facto and de Iure . Therefore those who decline from their Allegiance to such a Rightful Possessour ( as they certainly do who depose him or swear Allegiance to another ) are expresly bar'd from receiving any Benefit or Advantage by this Act. So that now they must lye under the lash of those antecedent Laws , which punish all Disloyal practices against a Rightful Prince , whether in or out of Possession ; and if they are punishable by a King de Iure , than undoubtedly they are his Subjects and consequently not at Liberty to translate their Allegiance to another . If it is Objected , That the Penalty of this Proviso affects the Subject no longer than the King is in Possession . To this ( besides what has been said already ) I Answer , That this Construction makes the sence of the Act Insignificant and Ridiculous . For then the meaning of the Law runs thus , viz. Those who adhere to the King in Possession shall be Indemnified , but those who fight against him shall have none of this Favour ; that is they shall be punished . Be punished by whom ? Why by the King they Opposed , if he happens to sit sure and gets the better of them ; otherwise it seems they are safe enough . Now this is profound Discourse , and very suitable to the Wisdom of a Parliament , to tell us , That Rebels when they are Routed and Subdued , may be Lawfully punished . Had we not Statutes , Common Law , and Common Sence enough , to acquaint us with this before ? What need this admirable Discovery have been thus carefully drawn up into a Proviso , as if there had been something in the body of the Act , which made it Unlawful for a Conquering Prince to chastise Rebellion ? If it be farther replied , that this Proviso was intended for a Recaption . For though it does not tye the Subjects Allegiance to an ejected Prince , yet upon the recovery of his Crown , it gives him Authority to punish those who dethroned him ; and with this Interpretation the Law appears intelligible . In Answer to this , I desire to know which way a Prince dispossessed can recover his Right , according to the modern Construction of this Act ? For if the whole Kingdom be bound to assist the King de Facto against the King de Iure , how is it possible for the latter to re-enter upon his Dominions ? And since by the supposition , his Right to punish doth not commence till he has Power to execute ; this Proviso will have little Terror in it , and prove a very slender Preservative against Treason . And besides , if it ever happens to come into play , 't will be perfectly useless ; for this Expedient cannot take place unless the King de Iure makes his way back to the Throne by Conquest , and Foreign Force . And if he returns with this Advantage , there are old Laws enough to punish Traytors , ( 25 Ed. 3. &c. ) which we may imagine he would venture to make use of , whether this Clause had given him such a Liberty or not . In short , This Act , as it is now the Fashion to understand it , is such a monstrous and unaccountable piece of Legislation , as I believe the most Barbarous and Unpolished Nation was never guilty of . For it leaves the Kingdom Hereditary , and yet obliges the Subject to obey the Possessor , though never so obscure and remote from the Royal Line . It resolves all Title into Force and Success , and puts no difference between a good Cause and a bad one . It sets the best Princes aside only for being Unfortunate ; encourages the Ambition of Enterprizing , and unreasonable Men ; and gives the Rights of Sovereignty to those who have done the greatest Wrong . It overthrows the most Sacred and Established Maxims of Justice ; repeals , in effect , almost half the Commandments ; and makes the Devil , if he should prevail , the Lord 's Anointed . Besides , it s not only Unnatural and Unrighteous in the Body , but Useless and Impertinent in the Proviso . In earnest , I am afraid those Lawyers who debauch Mens Understandings with such singular Absurdities as these , will have a great deal to answer for . God grant they may consider before its too late . FINIS . 
A13472	----	A memorial of all the English monarchs being in number 151, from Brute to King Charles. In heroicall verse by Io. Taylor. Taylor, John, 1580-1653. 1630 Approx. 105 KB of XML-encoded text transcribed from 57 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A13472 STC 23774 ESTC S118225 99853433 99853433 18816 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A13472) Transcribed from: (Early English Books Online ; image set 18816) Images scanned from microfilm: (Early English books, 1475-1640 ; 1611:15) A memorial of all the English monarchs being in number 151, from Brute to King Charles. In heroicall verse by Io. Taylor. Taylor, John, 1580-1653. [112] p. : ports. (woodcuts) Printed by Iohn Beale, for Iames Bowler, London : 1630. In verse. Signatures: A-G. The first leaf and the last two leaves are blank. Running title reads: A memoriall of monarchs from Brute to King Charles. Includes bibliography. Reproduction of the original in the British Library. With added frontispiece portrait of King Charles. Some print faded and show-through; some pages creased, torn, and tightly bound. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Poetry -- Early works to 1800. 2002-07 TCP Assigned for keying and markup 2002-08 Apex CoVantage Keyed and coded from ProQuest page images 2002-09 Emma (Leeson) Huber Sampled and proofread 2002-09 Emma (Leeson) Huber Text and markup reviewed and edited 2002-10 pfs Batch review (QC) and XML conversion CAROLUS STUART . Koningk van Engelandt . Schotlandt , En Irlandt , Gebooren A o. 1600. Binnen Londen onthalst , A o. 1649. in 't 24 Iaer zyner Regeeringe . Ant●… van Dyck pinxit . Ioost Hartgers excud . S. Savery f●●tt A MEMORIAL OF ALL THE English Monarchs being in number 151 , from BRVTE to King CHARLES . In Heroicall Uerse by IO. TAYLOR . LONDON Printed by IOHN BEALE , for Iames Bowler , 1630 ❧ TO THE RIGHT Honourable , LIONEL Lord Viscount Cranefield , Earle of Middlesex , &c. MY humble Muse , in lofty manner sings a A Catalogue of Englands mighty Kings : At first I do begin with Troian BRVTE , And following Chronicles I do dispute , Proceeding briefely with their Raignes and Names , Till these blest dayes of our best Monarch IAMES , T is but an Argument that 's written here , That in such time such and such Princes were : But he that meanes their Actions more to know , May read Boetius , Hollinshed , or Stow , Or our true labouring Moderne Master How , Which Authors , Learned Iudgement do allow : Or if you le see how former times doe runne , Reade the laborious paines of Middleton . We haue had Kings since Brute , of royall Blood , One hundred forty sixe , some bad , some good , Foure Queenes in all , this time did only Raigne , Whose Memories in Histories remaine . So in two thousand and seuen hundred yeeres , We had thrice 50 Princes it appeares . This Kingdome here was fiue times won and lost , And Kings ( as God decreed ) oft chang'd and tost . Sometimes one swaid the Scepter , sometime twaine , And sometime seuen at once did rule and raigne , Till sixe ( by bloudy warres ) lost life and throne , And valiant Egbert ioyn'd them all in one . But since ( through Heauens high prouidence ) I see , T is growne more great , and greater like to be : Long may He liue , by whom in one 't is guided , And may they sinke that wish't againe diuided . Then ( Noble Lord ) with good acceptance take This Poem , for the Royall Subiects sake , And though it be not compleate as it should , Beare with it , and accept of what I could , The matter 's worthy , though the manner poore , VVhich makes me heere your Patronage implore , And may you be externall and internall , Blest and aduanc'd to happinesse eternall . Your Honours in all obseruance to be commanded , Iohn Taylor . Yeeres before Christ. Medulla Historioe Anglicanoe BRVTE , THE FIRST KING OF BRITTAINE , began his Reigne , 1. BRVTE . Anno mundi , 2858. Before Christ , 1108. AENEAS from subuerted Troy exilde , In Tuscan wedded King Lati●…s childe : By whom the Realme of Italy he gain'd , And after he had 3 yeeres fully raign'd , He died , and left Ascanius in his stead : To whom Sil●…s Post●…s did succeed . From which Posthumus Royall loynes did spring , * Great Brutus , Brittaines first commanding King : The people then were ( here ) all voyd of pride , Borne Naked , Naked liu'd , and Naked dy'd . Three Sonnes Brute left , Locrinus was his Heire To England , Cambria ( Wales ) was Cambers share , To Albanact ( the youngest ) 't was his lot , To sway the Scepter of the valiant Scot. Thus 'mongst his Sonnes this Ile he did diuide , And after twenty foure yeeres Reigne he dy'd . Locrine 20. yeeres , 1084. LOcrinus , Eldest of old Brutus Sonnes , By Valour vanquisht the inuading Hunnes : He chas'd them , & their power did quite confound , And their King Humber was in a Humber drownd : This Locrine had a Queene , faire b Guendolin , Yet folly led him to the Paphaean sinne , ●…esotted sence , and blood with lust inflam'd , He lou'd a beautie , Beautious Estrild nam'd , ●…y whom he had a Daughter , Sabrin hight , 〈◊〉 whome the King had whole and sole delight : ●…or which the Queene made war vpon her Lord : ●…nd in the Fight she put him to the Sword ; ●…nd after a reuengefull bloody slaughter , Queene Guendoline tooke Estrild and her daughter , ●…nd drownd them both ( to quēch her ielous flame ) ●…nd so from Sabrine , Seauerne got the name . Q. Guendoline , 1064. About this time Saul was King of Israel . VVHen 15. yeeres this Queen had wisely raign'd , She dy'd , & then her Son the kingdome gain'd . Queene Guendoline was allowed the gouernment in her Sonne Madans minority , whose p●…dent reigne is app●…fully recorded in histories . Madan , 1009. VVHen forty yeers this King had rul'd this Ile , ( As Stories say ) he died a death most vile : The wide-mouth'd Wolfe , and keene-tusk'd brutish Bore Did eate his Kingly flesh , & drinke his gore . Madan was a vicious and wicked Prince , the Sonn●… of Locrine and Guendoline . Hee was a great Tyrant . H●… built the To●…ne of Doncaster . Hee had two ●…nes , Mempricius and Mannus . Mempricius raigned 20. yeeres , 991. MEmpricius base , his brother 〈◊〉 slew , And got the Crowne , by murder , 〈◊〉 as d●…e : Maids , wiues and widdowes , hoby 〈◊〉 deflowr'd : He liu'd a Beast , and dy'd , by a Beast , d●…uour'd . Hee killed his elder brother tre●… sly as ●…ee was parlying with him . Hee was eaten of Wolues as hee was hunting . Hee was so beastly , that he was ta●…din histories to be a Sodomite with Beasts in his time . Ebranke , 989. King Dauid reigne ouer Israe●… AT Edinburgh the Castle he did found , Alcluid & York , he built new from the ground He builded Bambrough , and reigned sixty yeeres , Belou'd , as it in Chronicles appeares . Ebranke had 21. wiues , by whom he had 20. Sonnes and 30. Daughters ; hee inuaded Gallia , now France He was the Sonne of Mempricius . In his Reigne reigne King Salomon . Alcluid is Dumbreton in Scotland . Brute the second , 929. IF any noble act Brute Greeneshield did , Hee 's wrong'd , because from Histories th' are hid : Twelue yeeres he rul'd , that 's all I of him read , And how at Yorke , hee Iyeth buried . This Brute was the Sonne of Ebranke and some histories write doubtfully , that he conquer'd France , and that after he receiued a great foyle in field by Brinchild , or Brinchillus , Prince of Henoway , or Henault . Leil . 917. LEil Carleile b●…t , and raign●…d yeeres twenty fiue , And as Fame still keepes dead mens acts aliue : So Leil ( though dead ) 〈◊〉 euer liue by Fame , He lyes at Carleile , which himselfe did frame . Leil was the Sonne of Brute Greeneshield . It is also written that he bu●… the 〈◊〉 of Chester . Lud , or Rudhudibras was the Sonne of Leil , a religious Prince in ●…s superstitious way of Paganisme , for in these 3. Townes ●…ich he built , hee erected 3. Temples , and placed 3. 〈◊〉 or Pagan Bishops in them . Rudhudibrasse , 892. THis King built Canterbury , Winchester , And Shaftsbury , he from the ground did reare : And after twenty nine yeeres reigne was past , At Winchester sore sicke , he breath'd his last . Bladud reign'd 20. 863. BAathe was by Bladud to perfection brought , By Necromanricke Arts , to flye hee sought : As from a Towre he thought to scale the Sky , He brake his necke , because he soar'd too hig●… This Bladud had beene a st●… in Ather ●…id : whence hee brought ●…ny learned men : hee bui●… elue ford , a Colledge I thinke , the first in England : play the fowle or the foole , he brake his necke on the Temple of Apollo in Troynouant . Leire , 844. LEire ( as the Story saies ) three daughters had , The youngest good , the other two too bad : Yet the old King lou'd thē that wrong'd him most , She that lou'd him , he banisht from his Coast. False Gonorel and Ragan , he betweene Them gaue the Kingdome , making ●…ach a Queene . But young Cordeilla wedded was by chance , To Aganippus , King of fertile France : The eldest Daughters did reiect their Sire , For succour to the young'st hee did retire , By whose iust aide the Crowne againe he gain'd ; And dyed when he full forty yeeres had reign'd . Leire built Leicester and was a good Prince . At Leycester he built a Temple to Ianues Bifrons , or Ianues with two faces . Qu. Cordeilla , 805. MAd Morgan , and vnmanner'd Cunedague , Their Aūt Cordeilla with fierce war did plague : They vanquish'd her , and her in Prison threw : And hauing reign'd fiue yeeres , her selfe she slew . She reigned with her Husband Aganippus till he dyed , and then in her widowhood her cruell kinsmen opprest her . Shee stabb'd her selfe in prison , being tyrannously vsed , in despaire of her liberty . Morgan Cunedagu●… , 800. THen Morgan did 'gainst Cunedague contend , And at Glamorgan , Morgan had his end . Then Cunedagus sole King did abide , Full three and thirty yeeres , and then he dyed . Morgan was the Sonne of Gonorel , Leires eldest Daughter , and Cunedagus his kinsman , was the Sonne of Ragan . The Prophet Esay prophesied about this time . Riuallo , before Christ , 766. THree daies it rain'd blood , when Riuallo reign'd , And great mortalitie the Land sustain'd ; Hee forty six yeeres rul'd in Kingly State , And then surrendred to all humane Fate . This Land in this Kings reigne was almost vnpeopled with dearth , death and desolation . In his time Rome was builded , 356. yeeres after Brute : Innumerable multitudes of Horse-flyes or Hornets sprung out of the blood that raind , which flyes stung many people to death . Riuallo was buried at Yorke . Gurgustus , 7●… . Scicillius , 684. A Common Drunkard was this wicked King , Which vice did many other vices bring , Yeeres thirty eight , the Diadem he wore , Scicillius next raignd nine and forty more . Gurgustus and Scicillius were brethren . I finde little mention of any good they did , though they reigned long : They were both the Sonnes of Riuallo . Iago , 636. 〈◊〉 , 612. OF these two Kings , small mention I doe finde , They left bare Names ( for me hori●… ) behinde ; One twentie fiue yeeres : 〈◊〉 other fifty foure , Had in this Land Commanding Regall power . Iugo was a kinsman to Gurgustus , and by his vicious life , he got a sleepy disease called the Lethargy , whereof he dyed . These two Kings were both buried at Yorke . Gorbodug , 559. GOrbodug next did in the Throne succced , Was sixty three yeeres King , and ●…ast decreed , 'Twixt his two Sonnes this Kingdome to diuide , At Yorke hee 's buried , where in peace hee dy'd . Some write that he reigned but 42. yeeres , and that he was buried at Troynouant . Ferex , and Porex , 496. POrex , in Fight his brother Ferex kil'd , For which their mother , Porex heartblud 〈◊〉 These murthers mercilesse , did quite deface , These Princes , last of Royall Brutus Race . Ferex and Porex were the sonnes of Gorbodug . Their mother and her maides chopped Porex in pieces , in reuenge of her sonne Ferex : they reigned fiue yeeres : after whose death the Land was a long time diuided into fiue Kingdomes . Mulmutius Donwallo . 441. THe Land vnguided , Kinglesse did remaine , Till great Mulmutius did the Wreathe obtaine : He builded Temples , made Lawes , Ploughs , high-waies , And 40. yeeres he liu'd in fame and praise . Mulmutius slew Pinnar , Slater , and Rudack , three Kings of seuerall parts of this I le , and at last brought the Kingdome to his sole obedience . He was the Sonne of ●…lotten , Duke of Cornewall : He was the first of all the Kings of this Land that wore a crowne of Gold. Bellinus and Brennus reigned 26. yeeres . 401. THese brethren did diuide the Realme in twaine , But Kings can brooke no partnership in reigne ; They fell at oddes , and Brennus fled , subdude With slaughter of his warlike multitude . To France he scap'd , and was receiu'd in State , In London , Belline builded Bellins-gate Braue Brennus conquer'd Italy and Rome , Bellinus lies heere in an honour'd Tombe . Brennus slew himselfe with the sword , at the fiedge of Delphos in Greece . Bochas . They were the sonnes of Mulmutius Donwallo . Belinus brought Denmarke to be tributary to Brittaine : they were a paire of worthy brothers . Gurguintus , 373. GVrguintus , was Belinus first-borne sonne , Victorously ●…e Denmarke ouer-runne : He the vnpeopled Ireland did supply , Reign'd nineteene yeeres a King , and then did dye . This King gaue leaue to a company of stragling distressed Spaniards to possesse themselules in Ireland , hee lyeth buried at Carelion . Guinthelinus , 456. HE married Mercia a renowned Dame , From whom the iust , wise , Mercian Statutes came : He sixe and twenty yeeres the Scepter swaide , And then with honour in his Tombe was laide . He was the sonne of Arguintus , he builded Warwick and lyeth buried at London . Cecilius , 330. Kimarus , 223. Seuen yeeres Cecilius kept the Regall Chaire , Three yeeres Kimarus rul'd as his sole Heire ; The Syre with loue did well and iustly reigne , His sonne Kimarus was a hunting slaine . About this time , a sauage people called the Picts , beg'd habitation of the King of Scots , and liued in the Marshes betweene England and Scotland . Kimarus was a vicious Prince , and killed by wild Beasts as hee was hunting : he was the sonne of Cecilius . Cecilius was buried at Carelion . Elanius , 321. ELanius ( as most Histories agree ) Was King of Brittaine yeeres iust three times three : What Acts he did , or what Lawes he decreed , They are vnwrit , and therefore are vnread . Elanius was the sonne of Kimarus . Morindus reigned 8 yeeres . 311. THis King Morindus , valiant more then wise , A ran'ning Monster from the Sea did rise : Which many people to destruction brought , Who kil'd this braue King as he brauely fought . He killed the Monster , after the Monster had deuoured him , for he was in the belly of it liuing , and found dead with his dagger in his hand . Gorbomanus . 303. THis King eleuen yeers wore the Brittain crown . He founded Cambridge , & built Grantham Town ; His subiects peace , past Kingdomes he prefer'd , Lou'd and bewail'd , at London was inter'd . He built the Townes of Cambridge and Grantham . Archigalo , and Elidurus . 392. THese brothers were not Kings both at one time , But for extortion ( an vnkingly crime , The Eldest hauing gaind his Subiects hate ) Depos'd , and Elidurus got the State. But he ( not greedy after worldly reigne ) To Archigalo gaue it vp againe . Rul'd tenne yeeres more : thus twenty yeeres in all , His State Maiesticke , did twice rise and fall . Archigalo put away from him and reiected the true and 〈◊〉 Nobility and Gentry : and in their roomes was ●…pplyde with the counsels of flatterers and parasites , which was his downefall . Elidurus , 272. Vigenius , Peredurus , 270. THen Archigale beeing dead and gone , Good Elidure two yeers kept Brittaines Throne . Vigenius , Peredurus two yeeres more , Thrust Elidure from all the sway he bore , But they both dy'd the third time he was crown'd , Elidurus , 261. And reigned foure yeeres more , belou'd , renown'd . Once subiect , twice a slaue , and thrice a King ; Thus Fortunes fauours vp and downe did fling . In these often changes of Princes estates , this Land was miserably vexed . Heere because Hystories make little or no mention of any the doings of the Kings , from the reigne of Elidurus to King Lud , I thinke it fit , onely to insert their names , and the times of their reignes , with their yeeres before Christ. 258. Gorbonian reigned ten yeeres . 248. Morgan foureteene yeeres . 234. Emerianus seuen yeeres . This King was deposed from all Regall gouernment for h●… tyranny . 227. Iuall twenty yeeres . This King was a iust and prudent Prince . 207. Rimo sixteen yeeres . His reigne was blest with abundance of Peace and Plenty . 191. Geruncius twenty yeeres . 171. Catillus ten yeeres . Catillus caused all the oppressors of the poore to be hanged vp : but since his time they are doubly increased . 161. Coylus twenty yeeres . A peaceable King , and a quiet reigne . 141. Porrex fiue yeeres . A good Prince . 136. Chirimus one yeere . Chirimus through excessiue drinking gat his death . 135. Fulgon two yeeres . 133. Eldred one yeere . 132. Androgius one yeere . 131. Varianus o●…●…re . Varianus giuen ●…to lust , purchsed himselfe a short reigne●… and it may bee perceiued , that all these Prince : either by treason , or their ow●… bad liues , were soon brought to their ends , for 25 of them did not reign●… aboue 62 yeeres . 129. Fliud fiue yeeres . 120. Dedamius fiue yeeres . 118. Gurginius three yeeres . 115. Mercianus two yeeres . 113. Bladunus two yeeres . 110. Cupenus three yeeres . 108. Quinus two yeeres . 106. S●…ius two yeeres . 94. Bledgabredus ten yeeres . A great louer of Musicke , and a good Patron to Musician●… . 92. Archemalus two yeeres . 90. Eldolus two yeeres . 88. Rodianus two yeeres . 86. Redargius three yeeres . 84. Samullius two yeeres . 81. Penisellus three yeeres . 78. Pirrhus two yeeres . 76. Caporus two yeeres . 74. Dinellus foure yeeres . A Noble and vertuous Prince . 70. Hellius one yeere . The I le of Ely tooke the nomination from this Prince . There hee built a Palace , and there he dying was buried . Lud reigned 11. yeeres , 66. A Long time after Troynouant was fram'd , It was by Lud , Kair-Lud , or Lud-stone nam'd , He made 〈◊〉 strong with Battlemen●…s and Towres , Defensiue against foes inuasiue pow'rs . Of free Stone for Free-men Ludgate hee founded , Where freemen ( wanting freedom ) are confounded . He dy'd and left two Sonnes , too young for reigne , Wherefore his brother did the Crowne obtaine . Some Writers doe affirme , that this King b●…ilded ●…ondon from Ludgate to London-stone , and that the stone in memory thereof was called Luds stone . Cassibelan , 17. yeeres . 58. LVd deed , the Nobles crown'd Cassibelan , In whose reigne her●… the Romane conquest ●…an , Great Iulius Caesar sailed out of France , And in this Land his Eagle did aduance . But Brittaines bold scorn'd base at first to stoope , Twice Caesar f●…ed , before their warlike troope . The ●…iuill warres , this Kingdome ouer 〈◊〉 , Betwixt Cassibelan , and Luds two Sonnes , Whilst they ( vnnaturall ) sought each others fall , The Romanes tooke aduantage , conquer'd all : Where Caesar , by his high Imperiall doome , Made Brittaine Tributary vnto Rome . Nennius a valiant Duke of this Kingdome , receiued his de●…ths ●…und of Caesar : Yet after that he tooke Caesars Sword from him , and with the same kil●…d La●…ianus a Romane Tribune , and lastly , ma●… the fi●…ld and 〈◊〉 . Caesar built the Castles of Dou●… , Canterbury , and the Tower of London . Theomantius , 37. THen Theomantius ( 〈◊〉 〈◊〉 all blood ) The 〈◊〉 Sonne 〈◊〉 o●… his Father 〈◊〉 : Reign'd three and twenty yeeres , a King in 〈◊〉 Whose Picture stands on Luds 〈◊〉 gate . Cimbelinus . IN this Kings reigne , ( the glorious King of Kings In person came , and mans saluation brings ) When through the world all bloody wars did cease , ( For our soules peace ) then came the Prince of peace . Our Sauiour Iesus Christ was borne in his reigne , in the 42. yeere of Augustus Caesar , then being Emperour of Rome : Cimbelinus was the Sonne of Iheomantius , Yeeres after Christ. Guiderius , 〈◊〉 〈◊〉 , 21. THis King and Sub●…cts , brauely , nobly ioyne , To hold from Rome the tributary Coyne : But Claudius Caesar with an Army came , The B●…t bold rebellious hearts to tame ; One Hamon there ( a Romane ) di●… 〈◊〉 , Himselfe like to a Britaine to 〈◊〉 , Guiderius brauely cha●…de his fo●…s amaine , Was by disg●…ifed Hamon falfely slaine . When Guiderius was King of Britaine , our Redeemer suffered vnder Claudius Tiberius Caesar , being the Romane Emperour . Guiderius was a valiant Prince . Aruiragus , 44. STout Aruiragus being in the fight , The Kings death added fury to his might : Perceiu'd the Britaine Host , almost dismaide , In 's brothers Armour hee himselfe array'd , The Souldiers thought the King againe suruiu'd . With co●…rage new through euery veine deriu'd , Braue Aruiragus , like a Tempest goes , And pell mell topsieturuy throwes his foes . Grear Caesar with his Romane army fled , The King tooke Hamon , and cut off his head , And more , with sharp reuenge his wrath t' appease , Hew'd him piece-meale , and cast him in the Seas , The place long time , this name did then allow , Of Hamons hauen , or Southampton now . The Emperour would quite the tribute free , If Brittaines King his Sonne in law would be . Then Aruarigue did faire Genisse marry , And Claudius Caesar heere a while did tarry , He builded Gloster , whil'st he heere remain'd : The King dyed hauing twenty eight yeeres reign'd . Marius , 73. IN this Kings reigne the lawlesse proling Pict , ( A Nation strange ) did the North part afflict : But Marius , in a battell slew their King , And all their power did to subiection bring . The Picts from Scythia , into Scotland came , Rude , barbarous , ingratefull , hard to tame : For by the Scotsh Kings fauour hauing got Possession , they oft warr'd vpon the Scot. And more and more that Kingdome they annoy'd , Till Kennith Scotlands King , them all destroy'd : Yeeres fifty three reign'd Marius iust and wise , Dyed : and at Carleile his Corps royall lies . Much about this time , Ioseph of Arimathea , after he had buried Christ ( being hated for it of the mis-beleeuing Iewes ) came into this Land , and first planted Christianity heere , built a Chappell at Glastenburgh : Some writers say , that he repaired Chester , and was buried there . Coylus , 124. IN Rome this King was fostred all his youth , He lou'd Peace , Iustice , Fortitude and Truth : He builded Colchester , and did suruiue , Till he had reign'd a Kings yeeres , fifty fiue . Coylus was the Sonne of Marius , hee was buried at Yorke . Lucius , 179. THe first of Kings that was a Christian nam'd , Was Lucius ( with the spirit of God inflam'd ) The Bread of life he did receiue with ioy , The Pagan Idols hee did all destroy , The Flamines and Archflamines he downe cast , And Bishops and Archbishops here he plac'd , He lou'd and fear'd th' eternall Three in one , And dyed when he had 12 yeeres kept the Throne . This was the first Christian King of Brittaine , he caused twentie eight Idolatrous Temples of the ●…agan gods to be made Cathedrall Churches , for the seruice of the 〈◊〉 God ; Elutherius was then Bishop of Rome , King Lucius was buried at Glocester : hee dyed leauing no 〈◊〉 , so that this Land was in a burly-burly 15. yeeres , through want of a King. Seuerus , 194. THis was a Romane Emperour , and was slaine At York the eighteenth yeere of his proud reigne●… Hee was an Alien and a stranger heere , And therefore bought his vsurpation deare : Seuerus was 60. yeeres old when hee tooke the crowne , and caused a wall of Turfe to be made betwixt England and Scotland to kepe this Land from the incursions of the Scots and Picts : the wall reached from Tyne to the Scottish Seas , 112. miles . Bassianus , 212. SEuerus here did wed a Brittish Dame , By whom this King ( their Son ) the Crowne did claime . But after sixe veeres time , he left this Land , And had the Romane Empire at 's command . Bassianus was brought from Rome by his Father Seuerus . Carausius , 290. When Carausi●… reigned , Dioclesian was ●…mperor . Alectus , 292. THis King ( of meane birth ) did the Crown attain After seuen yeeres , was by Alectus slaine : Thre yeeres Alectus did in state recide , Our Protomartyr then Saint Alban dyde . Dioclesian and Maximilian ruled the Romane Empire , when Saint Albane suffered ; Alectus was sent from Rome against Carausius : this Alectus was a cruell Tyrant , and was also slame by Asclepiodatus . Asclepiodatus , 299. ASclepiodatus , ( in a mortall Fight ) Suodude the Romane Generall Gallus might , Kil'd him , and cast him head-long in a Brooke , Whence Gallus or Wallbrooke , for name it tooke , And as Alectus did Carausius kill , So did this King Alectus life bloud spill , And after two yeeres reigne in mortall strife , Asclepiodatus slaine lost Crowne and life . Gallus Brooke or Wallbrooke tooke the name from Gallus a Romane Captaine , slaine by Asclepiodatus , and throwne into that Brooke . Asclepiodatus was after slaine by Coil Duke of Colchester . Some write that Asclepiodatus reigned 30. yeeres . Coil raigned 14. yeeres . 301. COlchesters Duke Coil in the Throne inuested , Was by Constantius Caesar much molested : Till Coil gaue's Daughter to him for his Bride , And paid Romes tribute , that was long denide . The Lady was of beauty most diuine , Faire Hellen , Mother to great Constantine . The King at Colchester , dead , laide in 's Tombe , His Sonne Constantius did supply his roome . This Hellen reedified Ierusalem , and adorned it with ●…oodly Churches . She also walle●… London and Colchester . Constantius , 305. SPaine , Italy , France , Britaines Emperor , Foure yeeres he raign'd heere , with Maiesticke power , True Honour was the ayme at which he shot . Iust , Valiant , these reports his Actions got . This Constantius was Grandfather to Constantine the Great : he came from Rome to this I le , and was buried at Yorke . Constantine , 306 , GReat Emp'ror Constantine , surnam'd the Great : In all respects a worthy Prince compleate , The glorious Gospell , he ador'd , and fear'd , Constantinople famously he rear'd , Maxentius , Romes great Tyrant , ( most abhor'd ) He made him flie from his 〈◊〉 sword . Belou'd , be wail'd , high honor'd and admir'd , In grace with God and men , his dayes expir'd . This worthy Prince Constantine was borne in this Land , the Sonne of Constantius and Hellen. After Constantius decease , our Land was molested by Octauius Maximus and others for many yeers . These times are so diuersly written of in Histories , that a man knowes not which to beleeue most . 84. Constantinus , 337. 85. Constans , 340. THese two were Brothers of the Royall line , And Sonnes vnto the Emperour Constantine : Ambition and debate for Kingly Raigne , Was the vnnaturall cause they both were slaine . Kings and Louers can brook no partners : for these two brothers were each others destruction . 86. Octauius , 345. 87. Traherus , 349. OCtauius Duke of Windsor to oke the Crowne , Traherus came from Rome and put him downe : The Land was ●…ull with hurly-burlies fild , Traherus by Octtauius last was kild . Theodosius was Emperour of the East ●…d Macri●… of the West : Some write that Octauius 〈◊〉 54. yeeres Noncredo . 88. Constantius the third . 353. The Romane Empire he did closely sway , And as a King this Land did him obay : Th' Apostate Iulian was the Emp'rour next , By whom the Christians all were slaine , or vext . Constantius was a victorious Prince , and triumphed in Rome : yet a cruell oppressor , and an Arian hereticke . 89 Maximinianus . 375. NExt Iulian , raigned Valentinian , And after him , succeeded Gratian Maximi●…nus was of life depriu'd , 'Cause he with Gratian for the Empire striu'd . How like Bauius these tyr●…ts confi●…med one another ; these were all Emperours of Rome , & Kings of Brittaine , 90. Gratian. 376. THen Gratian claim'd this Kingdome as his right●… But hauing gain'd it , he was slaine in fight : Fierce warres the Romane Empire did deuide , And Caesars and their Viceroyes fought and dyde . Honorius Romes Tribunall did obtaine , Next after him did Theodosius raigne , Then did the Scot ioyne with the barbarous Pict , This headlesse , Kinglesse Kingdome to afflict . The Romane Scepter we had long obayd , Foure hundred eightythree yeeres Tribute payd ; And now this land shook off their wrongd comand When Ciuill discord had neer spoyl'd this Land. In one battell the whole nation of the Piets were quite ●…xtinguished about this time the Romanes g●…uernement ●…nded here . Gratian was a Brittaine Emperour but foure 〈◊〉 . 91 Vortiger . 447. THis King through murder did the Throne ascend , And had a troublous Raigne , and murdrous end : Constanes ( Constantines ) lawfull Heyre and Sonne , By Vortigers false meanes to death was done . For which ( to keepe the Crowne vniustly gain'd ) The Saxons for his ayde he entertain'd . Then Hengist , with his Brother Horsus crue , In Britaines best bloud did their blades embrew . King Vortiger with doting loue inthral'd , Match't Hengists daughter , beauteous Rowan cal'd : But Saxons troopes , on troopes came in so fast , That Britaines did depriue the King at last . Hee murdered his lawfull Prince , and vsurping the Throne , was enforced to haue ayd of the Saxons , who at the last almost ouer-ran this Kingdome , but the Brittaines deposed Vortiger , and crowned his Sonne Vortimer . 92. Vortimer . 454. THen a Vortimer , the Sonne of Vortiger , Vpon the Saxons made successfull warre : Till he by Rowan was by craft o'r-●…ane , From whose false hands , he dy'd by poys'nous 〈◊〉 Deposed Vortiger ( his Sonne once slaine ) His ill gain'd , ill kept Crowne he gain'd againe : Hengistus with his Saxon fresh supplies , The Plaines of Salisbury did all surprize . The King tooke counsell of his Brittaine Lords , And all in generall to a Peace accords . The Saxons and the Brittaines did agree , That at this meeting all vnarm'd should be : But traitrous Hengist did a watch-word speake , Which did the Law of Armes , and Honour breake , The Saxons vnsuspected drew forth Kniues , Foure hundred , threescore Lords , all lost their liues , All Brittaine Nobles , then the Saxons there , Surpris'd the King , constraining him through feare To giue Kent , Sussex , Suffolke , Norfolke , and That Hengist , King should in those Lands command , But after nineteene yeeres were quite expir'd , * Reuenging Fire , the King in 's Castle fir'd . And thus the Saxons , and Great Hengists Heyres , Won Shire to Shire , till Brittaine all was theirs . 93. Aurelius Ambrose . 466. IN honour of the Nobles basely slaine , This King set vp the Ston●…s on Saru●… 〈◊〉 The Gospell with great zeale he dignifi'd , Raign'd thirty two yeeres , and by poyson dy'd . This King was a Rom●…ne , and brother to Vter Pendragon that succeeded him . 94. Vter Pendragon raigned 18 yeeres . 498. THis King ( by Merlins meanes a skilfull man ) Igrene , the Duke of Cornewals Dutchesse wan : On her he got , ( though illegittimate ) The Christian Worthy , Arthur , stilde the Great . Vter Pendragon poysoned by the Saxons , after he had reigned 18. yeeres . 95. Arthur . 516. OF the nine Worthies was this Worthy one , Denmarke , and Norway , did ●…y his Throne : In twelue set Battels he the Saxons beat , Great , and to make his Victories more great , The Faithlesse Sarazons he ouercame , And made them honour high Iehonah's Name . The Noble order of the Table round , At Winchester , his first inuention found . Whilst he beyond Sea fought to win Renowne , His Nephew Mordred did vsurpe his Crowne , But he return'd , and Mordred did confound , And in the fight great Arthur got a wound , That prou'd lo mortall , that immortally It made him liue , although it made him dye . Full sixteene yeeres the Diadem he wore , And euery day gaind Honour more and more . Arthur the great was buried at Glastenbury . 96 Constantine , the fourth . 542. 97 Aurelius Conanus . 545. COnstantine was by King 〈◊〉 kil'd : Aurelius ( 〈◊〉 ) 〈◊〉 〈◊〉 yeeres held , Seuen Kingdomes heere at once the Saxons held , And slaughter launc'd , when proud ambition sweld . This Constantine was kinsman to King Arthur , and was slaine by Conanus . Constantine was a wicked Prince , and slaine in battell by his kinsman Conanus , when he had reigned neere 3. yeeres . Of the tyme of this Aurelius Conanus his reigne , there is much variation in Histories . Heere beganne the Heptarchy , or 7 Kingdomes in this Land , namely , Kent , South-Saxons , West-Saxons , East-Saxons , Northumberland , Mercia , and East-Angles : which diuision continued more then 600. yeeres , before it was all vnited into one Monarchy the names of the Kings , & times of their reignes , and limits of their Kingdomes , are hereunder expressed . 1 KEnt was only a kingdome which had 17 Kings , namely , 1 Hengist , 2 Eske , 3 Octa , 4 Ymerick , 5 Ethelbert , who was the first Christian King of Kent , hee was an ayde and helper of Sebert , King of the East-Saxons , in the famous and memorable buildings of S t. Pauls Church in London , and Saint Peters at Westminster . 6 Eabald , 7 Ercombert , 8 Egbert , 9 Lother , 10 Edrick , 11 Withred , 12 Edbert , 13 Edelbert , 14 Alick , 15 Ethilbert , 16 Cuthred , 17 Baldred . These Kings reigned in Kent 372. yeeres , from the yeere of Grace 455. till the yeere 827. 2 The kingdome of the South-Saxons contained the Counties of Sussex and Surrie , it continued from the yeere 488. vntill the yeere 601. being 113 yeeres : they had three Kings , namely , 1 Ella , 2 Cissa , 3 Ethelwolfe a Christian King , 4 Berthrum , 5 Authum . 3 The West-Saxons kingdome , whose beginning was in the yeer 519. and ended , Anno. 166. lasted 561 yeeres , hauing 17 Kings , namely , 1 Cherdick , 2 Kenrick , 3 Chequilin , 4 Cealick , 5 Chelwold , 6 Kingils , a Christian , 7 Kenwald , 8 Eskwin , 9 Kentwin , 10 Ceadwald , 11 Inas , 12 〈◊〉 , 13 Cuthred , 14 Sigebert , 15 Kenwolfe , 16 Brightrik , 17 Egbert , : These Kings had vnder their gouernments , the Counties of Cornewall , Deuonshire , Somersetshire , Wiltshire , Hampshire and Barkshire . 4 The East-Saxons reigned 281 yeeres , beginning , Anno. 527 , and ending in the yeere 827. Their bounds were Essex and Middle-Sex , and their Kings were in number 14 , namely , 1 Erchenwin , 2 Sledda , 3 Sebert a Christian King , that assisted Ethelbert , King of Kent , in the building of the Churches of Saint Paul and Saint Peter aforesaid . 4 Seward , 5 Sigebert , 6 Sigibext , 7 Switheline , 8 Sighere , 9 Sebba , 10 Sigherd , 11 Seofrid , 12 Offa , 13 Selred , 14 Suthred . 5 Northumberland was sometimes diuided into two kingdomes . It contained the Coūties of Yorkshire , Durham , Lancashire , Westmerland , Cumberland and Northumberland : this Kingdome beganne in the yeere of our Lord , 547. and expired in 926. continuing 379. yeeres vnder 23 Kings , whose names were , 1 Ella , 2 Adda , 3 Theodwald , 4 Frethulse , 5 Theodrick , 6 Ethelrick , 7 Ethelfrid , 8 Edwin , 9 Oswald , 10 Oswy , 11 Egfrid , 12 Alkfrid , 13 Ofred , 14 Kenred , 15 Oswicke , 16 Ceolnuph , 17 Egbert , 18 Oswolfe , 19 Edilwald , 20 Alured , 21 Ethelred , 22 Alswald , 23 Osr●…d . Amongst these , Edwin was their first Christian King. 6 The East Angles vnder 15 seuerall Kings , continued 353 yeeres , beginning in Anno , 575. and 〈◊〉 III 914. their Territories were Su●… Nor●…olk , Cambridgeshire and the I le 〈◊〉 , Ely , th●…ir Kings names were , 1 Vffa , 2 Ti●…us , 〈◊〉 Red●…ald their first Christian King , 4 〈◊〉 , 5 Sigebert , 6 Egrik , 7 Anna , 8 Ethelbert , 9 Ethwald , 10 Aldwol●…e , 11 Aswald , 12 Beorn , 13 Ethelred , 14 Ethelbert , 15 Edmund . 7 The seuenth Kingdome were the Mercians , who had 20 Kings and 17 shires vnder their command : their Kings were , 1 Creda , 2 Wibba , 3 Cheorle , 4 Penda , 5 Peada their first Christian King , 6 Wolfere , 7 Ethelred , 8 Kenred , 9 Chelred , 10 Ethebald , 11 Offa , 12 Egfrid , 13 Kenwolfe , 14 Kenelme , 15 Chelwolse , 16 Bernulfe , 17 Ludecan , 18 Whitlafe , 19 Bertwolfe , 20 Burdred . Their bounds and dominions were 17 Counties , as of Northampton , Leister , Darby , Lincolne , Huntington , Rutland , Notingham , Chesshire , Oxfordshire , Staffordshire , Worcestershire , Glostershire , Shropshire , Warwickeshire , Bedfordshire , Buckinghamshire , and Hartfordshire . 98 Vortiporus . 578. 99 Malgo. 581. THis Vortipore from good Kings did decline , Kept his wiues Daughter as his Conc●…ine : And Malgo put his Wife to bloudy slaughter , To liue in ●…ncest with his brothers Daughter . About this time Augustine the Monke , Mellitus , Iustus and Iohn , all learned men , came from Rome , and preached the Gospell to the English men . Vortipore reigned 4. yeeres . Malgo , his raigne was short and wicked . 100. Careticus . 586. GVrmundus hither out of Ireland came , And with the Saxons ioyn'd with sword and flame : The King to Wales did flye , his life to saue , Whereas he chang'd his Kingdome for a Graue . He reigned 3. yeeres : and now the Saxons had all England , the Brittaines and their Kings being expulsed and chased to the West sides of the Riuers Seauerne , and d ee . Cadwane . 613. THis Cadwane did the Saxon force withstand , Of Ethelfridus of Northumberland : And made him to intreate and sue for peace : Raign'd two and twenty yeeres , then did decease . 102. Cadwallin . 635. CAdwallin slew King Edwin , Egfrids Sonne , He Penda Mercias King did ouer-runne : He neuer fought but Conquest home did bring , And eight and forty yeeres did raigne a King. Cadwallin was buried at London in Saint Martins Church neere Ludgate . 103. Cadwallader . 685. THis King renowned was both neere and farre , The last of Brittaines Kings , Cadwallader , The name of Brittaine was quite alterd then , The Kings of England , subiects , Englishmen . Then in this Land , of Kings there raign'd so many , That Subiects knew not to obey all , or any : Their names and times of raigne I meane to tell , Should I write more , my Book too big would swell . Here the inhabitants lost the name of Brittaines , the land being called Anglia , or England , and the people Englishmen . 687. Cadwallader left his Crowne , went to Rome , and dyed there . These Kings following were of the West Saxons . 726 Ethelard was King of the West Saxons . 740. Cuthred succeeded him . 757. Sigebert next him , was slaine by a Swineheard . 758. Kenulphus was slaine by a kinsman of Sigebert . 786. Brithricus . In his time it rained blood . IN the 800. ●…re of Christ , the Danes landed at Portland , but Brithricus beat them backe , and afterwards was poysoned by his wife Ethelburga . Eghricus , King of West-Saxons . 839. Adelnulphus ouercame 〈◊〉 Danes , that came to inuade the kingdome with 350. ships . 857. Athelbald . 860. Athelbrict . 866. Etheldrid . 872. Aelfred . 900. Edward surnamed Senior . Heere end the Kings of the West-Saxons , now follow the Kings of Britaine . 104. Athelstane reigned 15. yeeres . 905. THis King did tame the Welsh , the Danes sub du'd , He conquerd Scotland and the Marches rude : The Danish Gyant Colebrand in Hyde-meade , By Guy the Earle of Warwicke was strucke dead . King Athelstane was crowned at Kingstone , hee brought this Land againe to one sole Monarchy , he was buried at Malmsbury . 105. Edmund . 940. 106. Eldred . 946. EDmond , reigned next his brother Athelstane , And after fiue yeeres was vntimely slaine : Nine yeeres was Eldred Englands King inst●…d , Th' insulting Danes , he from this Realme exilde . Edmund was buried at Glastenbury . Eldred was brother to Edmund , he was crowned at Kingstone , he expelled the Danes , and was buried at Winchester . 107 Edwin . 955. 108 Edgar . 959. THen Edwin ( as his right ) obtain'd the Crowne , For Rape , and brutish Iust he was put downe , His brother Edgar a man iust and w●…se , By Edwin●… fall , vnto the Throne did rise . The Church and Commonweale ( long time deform'd ) He by his Iustice and good Lawes reform'd . Raign'd sixteen yeeres , and then by death assail'd , As he had liu'd belou'd , he dy'd bewail'd . Edwin was Eldreds kinsman crowned at Kingstone : he defloured his owne kinswoman and slew her husband , for which odious acts hee was deposed of all Kingly dignity , and his brother Edgar was in his stead crowned at Bathe . Edgar had 3600 ships to withstand the inuasion of his enemies , hee founded and repaired 47. relligious houses , hee was buried at Glastenbury . 109 Edward . 975. 110 Etheldred . 978. EDward was slain by his accurst Stepmother , Ayded by Etheldred his cruell brother . This Etheldred caus'd all the Danes be slaine : And dyed the thirty eight yeere of his raigne . He was crowned at Kingstone : he reigned 3 yeeres , and was buried at Shaftsbury . Etheldred was buried in S. Pauls Church in London . 111 Edmond Ironside . 1016. THe Danes came to reuenge with sword and fire , Both Kings to Combat single did desire : On equall termes , their valours both were tride , In loue the Realme betwixt them they deuide . Edricus a traitor murdered King Edmond Ironside , for the which Canutus the Dane caused him to bee tormented to death grieuously as he deserued . 112 Canutus . 1018. THis mighty Danish King foure Kingdomes hel●… Danes , Norway , England , Scotland he compeld , Taxes and toles he rais'd in England here , And dyed when he had gouern'd twenty yeere . In Canutus his raigne the Danes possessed all England : he lies buried at Winchester . 113 Harold . 10●…8 . 114 Hardicanutus . 1041. HArold from England did exile his Mother , And kild Allured his King and his Brother : Hardicanutus then the Crowne obtain'd , Who quaffing died , when he 3. yeeres had raig●…'d . Harold was a Tyrant : hee was called Hartfoote for his swift running : he murdered Prince Allured hee raigned three yeeres , and was buried at Westminster . Hee caused the body of Harold to be digged out of the graue , and ●…ast into the Thames , in reuenge of his brother Allureds death : he was buried at Winchester . 115. Saint Edward . 1043. 1●…6 . Harold the second . 1066. SAint Edward from the Danes this Ki●…gdom freed , And for he had no Heyre , he heere decreed , That William Duke of Normandy ●…hou'd be Next King , but Harold seeming to agree , Assoone as Edward was laid in his Toombe , This hasty Harold mounted in his roome , But William came from Normandy amaine , By whom King Harold was vnking'd and slaine . The end of the first part . The second part . William Conquerour . An. Dom. 1066. VVHen Britains , Romanes , Saxons , Danes had done , The Normans ( fiftly ) Englands glory won , ●…w Lords brought in new Lawes incontinent , ●…nd all were Conquer'd but the County Kent . King William ( after he had all surpriz'd ) ●…lted , domineer'd , and tyranniz'd , 〈◊〉 Englishmen ( like slaues ) their doores must lock , 〈◊〉 paine of death , each night at eight of clocke . 〈◊〉 English from all Office were disgrac●…d , 〈◊〉 in their places the proud French were plac'd . 〈◊〉 beating down the right , with wrong on wrong , ●…aining men should speake the English tongue . 〈◊〉 so to bring o●…r memory to naught , 〈◊〉 Grammar and the Lawes in French were taught , 〈◊〉 〈◊〉 Sonnes , with Danes a mighty band , 〈◊〉 in ●…umber to inuade the Land , Then Yorke was burnt , the wealth away was borne And Danes on Composition home did turne . A dearth in England was so great , that heere Cats , Dogs , and mans flesh , was our wofull cheere . The Mercians and Northumbers they rebel'd , Strong warres the Scots within our Country held : The I le of Ely did the King surprize , He caus'd the Rebels lose hands , feet , and eyes . The Normans did rebell and were subdu'd , Danes came and fled , with all their multitude . The Kings sonne ( Robert ) by the French Kings ayd , Did diuers parts of Normandy inuade . The Scots spoild England , with all might and maine , And Durhams Bishop in a broyle was slaine , Heere euery Acre of mens Lands were measur'd . And by a heauy taxe the King was treasur'd : Slaine by a Deere the Kings sonne lost his life , And Glassenbury Monkes were kill'd in strife . The English Nobles almost were decay'd , And euery place of rule the Normans swai'd . And all mens goods and lands , and coyn were rated Through England , and vnto the King related . The French mens pride did England ouerwhelme , And grieuous tributes did oppresse the Realme . Churches and Chappels were throwne down with speed , To make New Forrest as the King decreed : Who hauing rul'd in trouble , toyle and care , And tryannously pol'd this Kingdome bare , Neere twenty one yeeres , death was then his bane : He lyes in Normandy , enterr'd at Cane . William Conquerour was crowned on Christmas-day , 1067. the yeere then beginning on that day . In the 〈◊〉 Forrest in Hampshire called New Forrest , where this King had defased many Churches ( wherein the name of God was called vpon ) and placed wild Beasts for his disport : in the same Forrest two of his owne sonnes were slaine , Prince Robert killed by a Deere , and William Rufus by a Knight shooting at a Deere . William Rufus . An. Dom. 1087. WIlliam the cruell Conquerours second Sonne , With ease , got what his Fathers paines had won , Oppressed England he opprest and prest , And great Exactions wrongfully did wrest . For Symony , and base corrupting gold , The King most Churches and Church-liuings sold , And more , ( his Subiects vilely to abuse ) Against them he in armes did arme the Iewes , And swore if they the victory did gaine , That he their faithlesse faith would entertaine . Vpon his eldest brother hee rai'sd warres , His youngest brother troubled him with iarres . At London , such a furious winde did blow , Which did sixe hundred houses ouerthrow . The City Gloster was by Welshmen sack'd . Northumberland was by King William wrack'd : William de Oue , and William de Aluery , In cruell torments dyed at Salisbury . Duke Robert laid all Normandy to gage Vnto the King , warres with the Turkes to wage . Westminster Hall was built , the Danes came in , And th' Orchades , and the I le of Man did win . But as the King was hunting in Hampshire , Sir Walter Tirr●…ll shooting at a Deere , The Arrow glauncing'gainst a Tree by chance , Th' vnhappy King kild , by the haplesse Glaunce . A Colliers Cart to Winchester did bring The Corps , where vnbemoand they laid the King. Rufus . In the 8. yeere of his reigne , the Christian Army went to Ierusalem vnder the conduct of Godfry Duke of Bulleine , in which warres serued Robert Duke of Normandy the Kings eldest brother , who pawned his Dukedome for 16666 pounds weight of siluer . In the 11. yeere the Lands of the late Earle Godwine sunk in the sea , and are to this day called Godwine sands . This King died the 2. of August 1100. he reigned 12. yeeres , 11. moneths , and was buried at Winchester . Henry the first . An. Dom. 1100. THis Henry ( for his wisedome Beuclarke nam'd ) Th'vnlawfull Lawes and measures he reclaim'd . The Norman Duke , eld'st Brother to the King , To claime the Crowne a mighty Hoast did bring . Saint Bartholomewes was founded and Saint Gyles , And Henry stop'd Duke Roberts mouth with wiles . Then peace was made ; but after , warres did rise , The King tooke's brother , and put out his eyes . Here Windsor Church and Castle were erected , And Wales ( rebeld ) most sharpely was corrected . All the King's Sonnes and eight score persons more , Were drown'd by tempest neere the Norman shore . Thus all his Ioy in Childrens losse bereft , Saue onely Maud , the Widdow Empresse left , Whom Geffrey Anioy's Earle to wife did get , From whom did spring the name Plant●…genet . The King proclaim'd his Daughter , or her seede , After his death should in the Realme succeede , And after thirty fiue yeeres time was past , King Henry by a surfet breath'd his last . Much trouble in his dayes this Kingdome wearied , He dyed , and dead , at Redding he lies buried . Thus God that lifts the low , casts downe the high , Caus'd all the Conquerors sonnes vntimely dye . Henry the 1. He held the Crowne wrongfully from his elder brother Robert Duke of Normandy , and ouercomming him in battell , most vnnaturally put out his eies : he reigned 35. y●…res , his braines , eyes and bowels were buried at Roane in France , and the rest of his body at Redding : his Phisician that opened his head , was killed suddainely with the stench of his braines . King Stephen . An. Dom. 1135. STephen Earle of B●…loign , ( th' Earle of Bloys his son ) From th' Empresse Maud this famous Kingdome won . Domestike , forraigne , dangerous discords , 'Twixt factions f●…ctions , of the King and 's Lords , Wars 'twixt the King and th' Empresse for the crown , Both tasted Fortunes fauours , and her frowne , Now vp , now downe , like balles at Tennis tost , Till Stephen gain'd the goale , and th' Empresse lost . And after eighteene yeeres were come and gone , The King not hauing any lawfull Sonne , He dyed , and chang'd his Kingdome & his strength , For a small Sepulcher of sixe foote length . King Stephen . He was noble , valiant , liberall , and politique , and almost in continuall trouble . In the 1. yeere of his reigne a fire burnt all the streete , from London-stone East , to Pauls , and West , to Algate , and within 2. yeeres after , the ci●…ties of York , Rochester , and Bathe , were burnt . Hee reigned 18. yeeres , 10. moneths , and was buried at Feuersham . Henry the second . An Dom. 1154. THis King vnto the Empresse Maud was Heyre , And lawfully obtain'd the Regall Chayre , He was couragious , and yet most vnchaste , Which Vice , his other Vertues all defac'd . He lou'd faire Rosamond , the worlds faire Rose , For which his wife and children turn'd his foes . He made his sonne Copartner in his Crowne , Who rais'd strong warres to put his Father downe . Faire Rosamond at Woodstock by the Queene Was poyson'd , in reuengefull-iealous spleene . In toyle , and trouble , with his Sonnes and Peeres , The King raign'd almost fiue and thirty yeeres . Hee neere his death did curse his day of birth , Hee curst his Sonnes , and sadly left the earth , Hee at Founteuerard in his Tombe was laid . And his Son Richard next the Scepter swaid . Henry the 2. In the 12. yeer of this King an earthquake in Norfolk , Suffolk , and Elye , that made bels ring with shaking the steeples , and ouerthrew men that stood on their feete . Nicholas Breakespeare , an Englishman was Pope of Rome , and was named Adrian the fourth , hee gaue the Lord-shippe of Ireland to King Henry . Richard Cordelion . An. Dom. 1189. THis braue victorious Lyon-hearted Prince , The foes of Christ , in Iury did conuince : Whilst at Ierusalem he wan Renowne , His Brother Iohn at home vsurp'd his Crowne . And as he home return'd , ( his owne to gaine ) By Austria's Duke the King was Prisoner tane . His ransome was an hundred thousand pound , Which paid , in England he againe was crown'd . Yet after nine full yeeres , and 9. months raigne , Hee with a Shot was kild in Aquitane , His buriall at 〈◊〉 was ●…hought meet , At his dead Fathers , second Henries feet . Richard the 1. he conquered the kingdome of Cypresse , and he tooke from the Infidels the Cities of Acon , & Ioppa , and deliuered them to Christians . In his 2. yeere , the bones of the renowned King Arthur were found at Glastenbury . King Richards bowels were buried at Chalne Castle in Aquitane , his heart at Roane , and his body at Founteuerard . King Iohn . An. Dom. 1199. John Earle of Morton tooke the regall Seate , His state , his toyle , his pompe , his cares , all great : The French , the Welsh , the Scotsh , all prou'd his foes , The Pope King Iohn did from his Crowne depose . His Lords rebel'd , from France the Dolphin came , And wasted England much with sword and flame . And after seuenteene yeeres were full expir'd . King Iohn being poysoned , to his graue retir'd . King Iohn . In the 8. yeere many men , Women , and cattell were slaine with thunder , and many houses burnt , and the corne was beaten downe with haile as bigge as goose egges . Some say , the King was po●…son'd by a monke , and others write that he died of a surfeit at Newark , but his life was full of troubles , and after his death he was by base villaines rob'd and left naked without any thing to couer the corpes , hee was buried at Worcester . Henry the third . An. Dom. 1216. WArs , bloody wars , the French in Englād made , Strong holds , Towns , Towres & Castles they inuade . But afterwards it was K. Henries chance , By force perforce to force them backe to France . Great discord 'twixt the King and Barons were , And factions did the Realme in pieces teare . A world of mischiefes did this Land abide , And fifty sixe yeeres raign'd the King , and dy'd . Henry the 3. This King was born at Winchester , crowned at Glocester , & buried at Westminster . In the 17. of his reigne on the 8. of Aprill 1233. there were 5 Sonnes in the firmament , and the naturall Sun was as red as blood . Edward Long-shanks . An. Dom. 1272. THis was a hardy , wise , Victorious King , The Welshmen he did to subiection bring : He Scotland wan , and brought from thence ( by fate ) Their Crowne , their Scepter , Chaire , and Cloth of state , That Kingdome with oppression sore he brusde , Much tyranny and bloodshed there he vsde . When thirty fiue yeeres he the Crowne had kept , At Westminster , he with his Father slept . Edward the 1. In the 13. yeere his sonne Edward was borne at Carnaruan , who was the first sonne of any King of England that was Prince of Wales . An. 17. Wheat at 3. pence the Bushell . Edward of Carnaruan . An. Dom. 1307. THe hard mis haps that did this King attend , The wretched life , and lamentable end , Which he endur'd the like hath ne'r bin seene , Depos'd , and poyson'd by his cruell Queene . Which when the poyson had no force to kill , Another way she wrought her wicked will. Into his Fundament a red hot Spit Was thrust , which made his Royall heart to split . In his 8. yeere such a dearth , that dogges and horses were good food , many ate their owne children , and old prisoners tore such as were newly committed in pieces , and deuoured them halfe liuing . The King reigned 19. yeeres 6. moneths . Edward the third . An. Dom. 1316. IN Peace and warre , ●…his King was right , & good , He did reu●…nge his murdred Fathers blood : Hee , and the blacke Prince , his most valiant Sonne , The field at Cress●… and at Poytiers wonne , At first and l●…st in his victorious raigne , Of French and Scots , were six score thousand slaine . And more , ( his glory further to aduance ) He tooke the Kings of Scotland and of France . The noble order of the Garter , he At Windsor , instituted caus'd to be . When fifty yeeres this Land had him obaid , At Westminster he in his tombe was laid . In his 12. yeere he quartered the Armes of England and France , as they are at this day . Henry Pichard Vi●…tner , in his Maioralty feasted at once , Edward King of England , Dauid King of Scotland , Iohn King of France , the King of Cypres , the Prince of Wales , the Dolphin of France , with many other great Personages of Honour and Worship . Richard the second . An. Dom. 1377. YOng King , rash coūsell , lawes & right neglected , The good put downe , the bad in State ●…rected : The Court with knaues & flat'rers here did swarm , The Kingdome , ( like a Farme ) was let to Farme . The Commons rose in Armies , Rou●…es , and throngs , And by foule treason , would 〈◊〉 foule wrongs . In this Kings raigne , began the Ciuill warre , ( Vnnaturally ) 'twixt Yorke and Lancaster . Oppression on oppression , breedes Confusion , Bad Prologue , bad Proceeding , bad Conclusion : King Richard , twenty two yeeres raign'd , misse-led , Deposed and at Pomfret knock'd ith'head . This King was Grandchild to Edward the 3. and sonne to the black Prince , he was borne at Burdeux in France , and was but 11. yeeres old when he was crowned , so that all his miserable calamity may be imputed to his not hauing or not regarding good counsell . Henry the fourth . An. Dom. 1399. THe Crown wrong got frō the wrong ' doing king , More griefe then ioy did to King Henry bring : France , England , Scotland , Wales , arose in Armes , And menac'd Henry , with most fierce Alarmes : Hot Percy , Dowglas , Mortimer , Glend●…wre , At Shrewsbury , the King or●…threw their power , He fourteene yeeres did raigne , and then did dye , At Cant●…rbury buried , he doth lye . Henry the 4. Hee began his reigne the 29. of September , 1399. and the 14. of February following , King Richard the 2. being in prison at Pomfret-Castle , was murdered . The raigne of King Henry was a continuall warre and trouble . Henry the fift . An. Dom. 1412. THis was a King Renowned n●…ere and farre , A Mars of men , a Thunderbolt of warre : At Agencourt the French were ouerthrowne , And Henry heyre proclaim'd vnto that Crowne . ●…ine yeeres raigne this valiant Prince wan more , I hena●… the Kings did after or before . Intomb'd at Westminster his Carkas lyes , His soule did ( like his Acts ) ascend the skies . Henry the 5. In his 3. yeere hee past the sea with 1000. 〈◊〉 of Ships and Vessels into France . His tombe or statue was couered with siluer , but this yron age hath deuoured Henry the sixt . An. Dom. 1422. THis Infant Prince scarce being nine moneths old , The Realmes of France and England he did hold But he vncapable through want of yeeres , Was ouer-gouern'd by mis-gouern'd Peeres . Now Yorke and Lancaster , with bloudy wars , Both wound this kingdome , with deep deadly scars . Wh●…st this good King by Yorke oppos'd , depos'd , Expos'd to dangers , is captiu'd , 〈◊〉 ' d , His 〈◊〉 ●…xilde , his sonne and many friends , F●…d , murdred , slaughtred ; lastly , ●…ate contends To crowne him once againe , who then at last Was murdred , thirty nine yeeres being past . King Henry the fixt , being 10. yeers old , was crowned King of France in Paris , but with the strife betwixt the Nobility , and the Commons in England , the most part of France was lost againe , which was neuer recouered since . Edward the fourth . An. Dom. 1460. EDward , the 4 the house of Yorks great heire , By bloudy wars attain'd the Regall Chair●… , The poore King Henry into Scotland fled , And foure yeeres there was royally cloath'd and fed , Still good success●… with him was in the wane , He by King Edwards power at last was tane . But yet before the tenth yeere of his reigne , Hence Edward fled , and Henry crown'd againe . By Warwicks meanes sixe moneths he held the same , Till Edward backe in armes to England came , And fighting stoutly , made this kingdome yeeld , And slew great Warwicks Earle at Barnet field . Thus Ciuill wars on wars , and broyles on broyles , And England against England spils and spoyles , Now Yorke , then Lancaster , then Yorke againe Quels Lancaster ; thus ioy , griefe , pleasure , paine , Doth like inconstant waters ebbe and flow : Ones rising is the others ouerthrow . King Edward , twenty two yeeres rul'd this Land , And lies at Windsor , where his Tombe doth stand . Edward the 4. In the first yeere on Palme-sunday , 1460. there was a battell fought betwixt King Edward and King Henry , neere Todcaster , wherein were slaine of English-men on both sides 53000 , 700 , and 11. persons : The bloudy victory fell to King Edward . In the 10. yeere of his reigne , he was forced to forsake this Land , whereby King Henry was restored againe to the Crowne . But shortly after , Edward returned , and Henry was ●…urthered . Edward the fifth . An. Dom. 1483. HIgh birth , blood , state , and innocent in yeeres , Eclips'd , and murdred by insulting Peeres : This King was neuer crown'd , short was his raigne : For to be short , hee in short space was slaine . Edward the 5. Within 3. moneths after the death of his father , hee and his brother Richard Duke of Yorke , were depriued both of their liues , and he of the Crowne , by their tyrannous Unkle Richard , Duke of Gloster . Richard the third . An. Dom. 1483. BY reason , mischiefe , murder and debate . Vsurping Richard wonne the royall state : Vnnatnrally the children of his brothe . The King , and Duke of Yorke he caus'd to smother . For Sir Iames Tirrell , Dighton and Blacke Will , Did in the Tower these harmlesse Princes kill , Buckinghams Duke did raise King Richard high , And for reward he lost his head thereby . A fellow to this King I scarce can finde . His shape deform'd , and crooked like his minde . Most cruell , tyrannous , inconstant , stout , Couragious , hardy , t' abide all dangers out , Yet when his sinnes were mellow , ripe and full , Th' Almighties Iustice then his plum●…s did pull : By bloudy meanes he did the kingdome gaine , And lost it so , at Bosworth being slaine . This Richard was neuer a good subiect ; but wh●… he had got the Crowne , he striued by all meanes to be a good King , for in his short reigne of two yeeres , two mo●…s , he made very profitable Lawes , which are yet in force : by which it may be perceiued how willing he was to 〈◊〉 his mis-spent time . Henry the seuenth . An. Dom. 1485. VVHen Ciuill wars , full fourescore yeers & more , Had made this kingdome welter in her Gore : When eightie of the royall blood were kild , That Yorke and Lancasters crosse faction held , Then God in mercy , looking on this Land , Brought in this Prince , with a triumphant band , The onely Heire of the Lancastrian line , Who grac●…ously consented to combine , To ease poore England of a world of anone , And make the red Rose and the white but one , By Marriage with Elizabeth the faire , Fourth Edwards daughter , and Yorks onely heire . But Margret Burgunds Lancaster storm'd & frown'd , That th' heire of Lancaster in state was crown'd . A counterfeit , one Lambert she suborn'd , ( Beign with Princely ornaments adorn'd ) To claime the State in name of Cla●…ce sonne , Who in the Tower before to death was done . Wars ' gainst the French King Henry did maintaine , And Edward braue Lord Wooduil●… there was slaine . Northumberlands great Earle ( for the Kings right ) Was slaine by Northerne rebels in sharpe fight . The King besiedged Boloigne , but a Peace The French king sought , and so the siedge did cease . Still Burgunds Dutchesse , ( with inueterate hate ) Did seeke to ruine Henries Royall state : She caus'd one Perkin Warbecke , to put on The name of Richard , Edwards murdred sonne , Which Richard , was the youngest of the twaine Of Edwards sonnes that in the Tower was slaine . The King at last these traitors did confound , And Perkin for a counterfeit was found . Sir William Stanley , ( once the Kings best friend ) At Tower hill , on a Scaffold had his end . On Blacke Heath Cornish rebels were o'rthrowne , A Shoomaker did claine King Henries Crowne . The Earle of Warwicke lost his haplesse head , And Lady Katherine did Prince Arthur wed . But ere sixe moneths were fully gone and past , In Ludlow Castle , Arthur breath'd his last . King Henry built his Chappell from the ground , At Westminster , whose like can scarce be found . Faire Margret eldest daughter to our King , King Iames the fourth of 〈◊〉 home did bring , Where those two Princes , with great pompe and cheare , In State at Edenborough married were . But as all Mortall ●…hings are tra●…ory , So to an end came H●…nrie ●…arthly glory . Twenty three yeeres , and 8. months here he swaid , And then at Westminster , i●…s Tombe was laid . He all his Life had variable share , Of Peace , Warre , Ioy Griefe , Royaltie and Care. In his 1. yeere in 7. weekes space , there dyed in London 2. Masors , and 6. Aldermen , besides many hundred others of a strange sweating sicknesse , 1485. Anno Reg. 12. at Saint Needs in Bedfordshire , there fell bail-stones 18. inches about . King Iames the 4. of Scotland , married Margret , eldest daughter to Henry the 7. from whom our gracious Soueraigne is lineally descended . Henry the eight . An. Dom. 1509. FRom both the Lines , and both the loynes did spring Of York & Lancaster , this mighty King : Katherine that was his brothers wife of late , He tooke to wife , and crown'd her Queene in state . Empson and Dudley lost their heads at Tower , For racking the poore Commons by their power . Warres , dreadfull wars , arose 'twixt vs and France , Lord Edward Howard , drowned by mis-chance At Brest , he was high Admirall in fight , Cast ouerboord , dy'd like a valiant Knight . In England Suffolks Duke did lose his head , The King to Tur●…in d●…d an army lead , Turney he wonne with his victorious blade , King Iames of Scotland , England did inuade : But Surries Earle , the Sco●…sh King ouercame , Who lost life there , but wonne immortall fame . Now Cardinall Wol●…ey , in the Kings high Grace , Was rais'd to honours , from great place to place , Lordship on Lordship laid vpon his backe , Vntill the burthen was the bearers wracke . The Duke of Buckingham , his head did lose , And Luther stoutly did the Pope oppose , Blinde ignorance that long had look'd awry , Began to see Truth with a clearer eye , And then the King ( inspir'd with feruent Zeale ) Reformed both the Church and Common weale , Iehouah with his power Omnipotent , Did make this King his gracious instrument , T' vnmaske his Truth from Antichristian fables , And purge this wofull Land from Babel●… bables . This King at Boloigne was victorious ; In peace and warre , Magnifique , Glorious ; In his rage bounty he did oft expresse , His Liberality to bee excesse , In Reuels , Iusts , and Turnies he spent more , Then fiue of his Fore-fathers did before , His Auarice was all for Noble fame , Amongst the Worthies to inrole his Name , A valiant Champion for the Faiths defence , Was the great Title of this mightie Prince . Sixe wiues he had , 3. Kates , 2. Annes , one Iane , Two were diuorc'd , two at the blocke were slaine : One sonne and two faire daughters he did leaue , Who each from other did the Crowne receiue : The first was Edward ; Mary next , whose death Left State , and Realme , to Queene Elizabeth . He thirty eight yeeres kept this Royall Roome , At Windsor hee 's enter'd without a Tombe . Leeth , Edenbourgh , and diuers other parts of Scotland were spoyled by Sir Iohn Dudley , Lord Viscount Lisle , Lord high Admirall of England , with a Nauy of 200. tall Ships . Anno 1544. King Henry went to Boloigne , hee entred France the 13. of Iuly , and into Boloigne the 25. of September , in which yeere were taken 300. French Ships for prizes . Edward the sixt . An. Dom. 1546. HAd this Kings reigne bin long , as it was good , Religion in a peaceable state had stood , What might haue his age bin , when his blest youth , So valiantly aduanc'd Gods sacred truth ? At nine yeeres age , the Crowne on him hee tooke , And ere sixteene , he Crowne and life forsooke . Too good for earth , th' Almighty tooke his spirit , And Westminster his Carkas doth inherit . In his 5. yeere a strange Earth-quake did much harme in diuers places of Surry , and a sweating sicknesse generally ouer England , that dispatched those that were in good health , in 12. houres , or 24. at the most . In one weeke there dyed of it in London 806. the most of them being men of best strength . Queene Mary . An. Dam. D●… AFter a while this Queene had worne the Crown , Idolatry was rais'd , and Truth put downe , The Masse , the Images , the Beades and Altars , By tyrannie , by fire , and sword and Halters , Th' vngodly bloudy Antichristian sway , Men were force , perforce forced to obey . Now burning Bonner , Londons Bishop , he Was from the Marshal-sea againe set free : Iohn Dudley , great Duke of Northumberland , And Sir Iohn Gates dyed by the Headsmans hand . With them Sir Thomas Palmer likewise dy'd . Hoping for heau'n , through Iesus Crucified . In Latine Seruice must be sung and said , Because men should not know for what they prai'd . The Emp'rors sonne , great Philip King of Spaine , A marriage with Queene Mary did obtaine : Against which match , Sir Thomas Wyat rose , With powers of Kent the Spaniards to oppose . But Wyat was or'throwne , his armie fled , And on the Tower hill after lost his head . Lord Gray the Duke of Suffolke also dy'd , An Axe his Corps did from his head diuide , A little after , the Lord Thomas Gray , The Dukes owne brother went that headlesse way . A Millers sonne asl●…m'd King Edwards name , And fa sely in that n●…me the Crowne did claime , But he was tane and iustly whip'd and tortur'd , And claiming it once more , was hang'd & quarterd . King Pl●…lip won Saint . Quintins with great cost . But after to our shame was Callice lost , Calli●…e was lost , which threescore yeeres and ten , Had beene a Garrison for English men . Thus by Gods mercy Englands Queene did dye , And England gain'd much ease and rest thereby . Fiue yeeres and 4. months was her bloudy reigne , And all her glory doth one graue containe . Though of her selfe this Queene was well inclin'd , Bad-minded counsell al●…red much her minde . She married Philip King of Spaine , on Saint Iames his day , 1554. at Winchester . Callice was won by Edward the 3. in the 21. of his reigne , 1347. and it was lost the 1. of Ianuary 1557. after the English-men had possest it 210. yeeres . August 7. 1558 a tempest neere Nottingham , beat damne 2 Townes and Churches , and cast the Bels to the further side of the Church-yard , threw whole sheetes of Lead 400. foot into the fields , where they were crumpled together like burnt parchment : the streame and mud of the K●…er of Trent was blowne a-land a quarter of a mile : a childe blowne out of a mans hand 100. foot and kild , there fell hayle 15. Inches about . Queene Elizabeth . An. Dom. 1558. A Debora , a Iudith , a Susannae , A Virgin , a Virago , a Diana : Couragious , Zealous , Learned , Wise and Chaste , With heauenly , earthly gifts , adorn'd and grac'd , Victorious , glorious , bountious , gracious , good , And one , whose vertues dignifi'd her bloud , That Muses , Graces , Armes , and liberall Arts , Amongst all Queens , proclaim'd her Queen of hearts , She did repurifie this Land once more , From the infection of the Romish whore . Now Abbies , Abbots , Fri'rs , Monks , Nuns & Stews , Masses , and Masse-priests , that mens soules abuse , Were all cast downe , Lamps , Tapers , Relikes , Beads , And Superstitions that mans soule misse-leads , All Popish pardons , Buls . Confessions , With Crossings , Christening bels , Saints Intercessions , The Altars , Idols , Images downe cast , All Pilgrimage , and Superstitious Fast , Th' acknowledging the Pope for supreme head , The holy water , and the god of bread , The mumbling Mattins , and the pickpurse Masse , These bables this good Queene did turne to grasse . She caus'd Gods seruice to be said and sung , In our owne vnderstanding English tongue . In Scotland and in France , fierce warres she held , The Irish she subdu'd when they rebeld , The Netherlands her name doe still admire , And Spaine her like againe doth not desire . When forty foure yeers reigne was past and gone , She chang'd her earthly for a heauenly Throne , At Greenwich she was borne , at Richmond dy'd , At Westminster she buried , doth abide ; And as the fame of this Imperiall Maide , Is through the world , ( by the foure winds ) displaid , So shall her memory for euer grace Her famous birth , her death , and buriall place . At Teuxbury Anno 1574. the 24. of February , being a hard frost , the Riuer of Seuerne was couered with Flies and Beetles , so that it was thought , within the length of a paire of Buts , to be 100. quarters of them the ●…ils were stopped with them , but from whence they came , is vnknown . 1582. A piece of Land of three Acres in Dorsetshire , in the Parish of Armitage , was suddenly remooued 600. foot from the place where formerly it stood . King Iames. An. Dom. 1601. VVHen as Elizaes wofull death was act●…d : When this lamenting land was halfe 〈◊〉 : Whē tears e●…ch loyall heart with grief had drownd , Then came this King and made our ioves abound , Ordain'd for vs by heauenly power diuine , Then from the North this glorious starre did shine , The Royall Image of the Prince of Peace , The blest Concorder that made warres to cease ; By Name a S T E V V A R D , and by Nature one , Appointed from Iehonahs sacred Throne , And by th' almighties hand supported euer , That Treason or the Diuell should hurt him neuer : And as his Zeale vnto his God was great , Gods blessings on him were each way compleat , Rich in his Subiects loue ( a Kings best treasure ) Rich in content , ( a Riches aboue measure ) Rich in his Princely Issue , and in them , Rich in his hopefull Branches of his stemme ; Rich in Munition and a Nauy Royall , And richer then all Kings in seruants Loyall . When Hell and Ro●… together did conspire , ●…o blow him and his Kingdome vp with fire , Then did the King of Kings preserue our King , And all the Traytors to confusion bring . And whoso reckons vp from first to last , The many hel-hatch'd dangers he hath past Through all his daies , he will beleeue ( no doubt ) That he with heauenly pow'rs was wall'd about . All Christian Princes held his friendship deare , Was fear'd for loue , and not belou'd for feare : And Pagan Monarchs were in L●…ague combin'd With him , as farre as is the Easterne Ind●… . And like a flame a midst a Riuer fix'd , So was his Iustice with his m●…rcy mix'd : He striu'd to imitate his Ma●…er still , And clemency preseru'd where Law 〈◊〉 : He hath cur'd England and 〈◊〉 〈◊〉 wounds , And made them both great ( 〈◊〉 ) Britains bounds All bloudy deadly fewds 〈◊〉 〈◊〉 〈◊〉 And canker'd hate he turn'd to Christian 〈◊〉 , The mouth of warre he muzzled mu●…e 〈◊〉 〈◊〉 , He still'd the roaring Cannon and the 〈◊〉 Secure in peace , his people sup and dine , 〈◊〉 With their owne fig-trees shaded and 〈◊〉 Whilst in an vprore most of Christendome , One Nation doth another 〈◊〉 . Vnto the King of Kings let 's praises sing . For giuing vs this ●…appy peacefull King. None know so well how they should peace prefer , As those that know the miseries of warre : T is true ( though 〈◊〉 ) and must not be forgot , The warres are sweet to such as know them not . Peace ( happy peace ) doth spread tranq●…illity , Through all the bounds of Britaines Monarchy ; And may we all our actions still addresse , For peace with God , and warre 'gainst wickednesse . Vnto which peace of God this King's 〈◊〉 , To reigne in glory that shall ne'r be ended . His mortall part at Westminster enter'd , His soule and Fame immortally prefer'd . God did wonderfully preserue him ( vpon two seuerall Tuesdaies ) from 2 most dangerous treas●… , the one at the Towne of Saint Iohnston in Scotland , on Tuesday the 5. of August , 1600. where the Earle of Gowry attempted to kill his Maiesty . The ●…her was in England , in that fearfull treason and deliuerance from the Powder-plot , on Tuesday the 5. of Nouember . 1606. King CHARLES . TWo Williams , Henries 8. 1. Steuen , 1. Iohn , Sixe Edwards , Richards 3. and 1. Queene Mary : Elizabeth , and Iames , all dead and gone , Our gracious Charles doth now the Scepter carry ; And may they liue and dye of God accurst , Who wish the pre●…dice of Charles the first . Iust 25. Kings and Queenes of England since the Norman Conquest . FINIS . THIS AVTHOR HATH newly caused all his works ( being aboue 60. ) to bee printed into one Volume , the Names of all which Works are set downe in this following Catalogue . TAylors Vrania . The life and death of the Virgin Mary . The whip of Pride . Against cursing and swearing . The fearefull Summer . Christian Admonitions . The trauell of tweluepence . The Armado . The Begger . Taylors Goose. Iacke a Lent. Taylors peninlesse Pilgrimage , The Sculler . The Dolphins danger . The Cormorant . A sea-fight by Captaine Wedall . The praise of Hempseed . Taylors Pastorall . Prince Charles his welcome from Spaine . An English mans loue to Bohemia . Three weeks and three daies trauels Taylors farewell ●…o Bohemia . Sir Gregory Nonsence . A very merry Whir●…y voyage . The great O Tnole . A voyage to the West . The scourge of basenesse . Taylors Motto . Odcombs complaint . Coriats resurrection . Laugh and be fat . Coriats newes . A Bawd. A Whore. A Thiefe . A Hangman . The vnnaturall Father . Taylors reuenge . Fenners defence . A cast ouer the water . The praise of cleane Linnen . The Water-mans suit . Wit and mirth . A Dogge of Warre . The world runs on Wheeles . The nipping or snipping of abuses . A Chronicle from Brute . A Briefe from the conquest . A Farewell to the Towre bottles . The marriage of the Princesse Elizabeth . An Elegie for King Iames. An Elegy for the Earle of Nottingham . An Elegy for the Earle of Holdernesse . An Elegy for the Bishop of Winchester . An Elegy for the Duke of Richmond . An Elegy for Iohn Moray Esquire . The summe of the Bible in verse . The sum of the Booke of Martyrs in verse . The Churches deliuerances . Archies making peace with France . The Acts and exployts of Wood the great Eater , in Kent . FINIS . Notes, typically marginal, from the original text Notes for div A13472-e220 a The 7 Kingdomes were , 1. Kent . 2 South-Saxons , Sussex and Surry . 3 East-Angles , Norfolke , and Cambridge-shire . 4 West Saxon , Barkshire , Deuonshire , Somersetshire , and Cornewell . 5 Mertia , Glostershire , Herefordshire , Worcester , Shropsh●…re , Scaffor●…shire , Cheshire , Warwike , Leycester , Noreb , Oxford , ●…ingham , Bedford , and halfe Hartfordshire . 6 East-Saxon , Essex , Middlesex , and halfe Hartfordshire . 7 Northumberland diuided to two Kingdomes , 〈◊〉 ●…nd Bernicia , all brought to one Monarchy by Egler●… : 〈◊〉 West-Saxons , and called England , 196●… yee●…s after 〈◊〉 . Notes for div A13472-e980 * Brute being of the age of 15 yeeres , as he shot at a wild beast , the arrow glanced vnfortunately and slew his Father Siluius Aeneas , for the which he was exilde , and came into this Land , then called Albyon . I follow the common opinion : for many Writers doe neither write or allow of Brutes being here , accounting it a dishonor for our Nation , to haue originall from a Par●…ide , and one that deriued his descent from the Goddesse ( alias strumper ) Venus . Howsoeuer , Histories are obscured and clouded with ambiguities , some burnt , lost , defaced by antiquity ; and some abused by the malice , ignorance , or partialitie of Writers , so that truth is hard to be found . Amongst all which variations of Times and Writers , I must conclude there was a BRVTE . a The Riuer of Humber tooke the name from the drow●…d King of the Huns , now Hungarians . b Guendoline was daughter vnto Corineus , Duke Cornewall . Estrild was a beautious Lady of King ●…umbers , whom Locrinus tooke prisoner . Notes for div A13472-e9350 a On the Plaine of Salisbury at Stonehing ( where the Stones are to be seene at this day . ) * The King & Queene burnt to death . Vortiger married his owne daughter 〈◊〉 his third wife . 
A19548	----	A sermon at the solemnizing of the happie inauguration of our most gracious and religious soueraigne King Iames wherein is manifestly proued, that the soueraignty of kings is immediatly from God, and second to no authority on earth whatsoeuer : preached at Paules Crosse, the 24. of March last 1608 / by Richard Crakanthorpe ... Crakanthorpe, Richard, 1567-1624. 1609 Approx. 136 KB of XML-encoded text transcribed from 28 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A19548 STC 5979 ESTC S308 22255107 ocm 22255107 25274 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A19548) Transcribed from: (Early English Books Online ; image set 25274) Images scanned from microfilm: (Early English books, 1475-1640 ; 1749:15) A sermon at the solemnizing of the happie inauguration of our most gracious and religious soueraigne King Iames wherein is manifestly proued, that the soueraignty of kings is immediatly from God, and second to no authority on earth whatsoeuer : preached at Paules Crosse, the 24. of March last 1608 / by Richard Crakanthorpe ... Crakanthorpe, Richard, 1567-1624. [54] p. Printed by VV. Iaggard for Tho. Adams, dwelling in Paules Church-yard, at the signe of the Blew Bell, London : 1609. Signatures: A⁴(-A1) B-G⁴. Reproduction of original in the Trinity College (Dublin, Ireland). Library. Includes bibliographical references. 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Great Britain -- Kings and rulers -- Religious aspects -- Sermons. 2003-02 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2005-02 Ben Griffin Sampled and proofread 2005-02 Ben Griffin Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A SERMON AT THE SOLEMNIZING OF THE HAPPIE Inauguration of our most gracious and Religious Soueraigne KING IAMES . Wherein is manifestly proued , that the Soueraignty of Kings is immediatly from God , and second to no authority on Earth whatsoeuer . Preached at Paules Crosse , the 24. of March last . 1608. By RICHARD CRAKANTHORPE , Doctor of Diuinitie . LONDON , Printed by W. Iaggard for Tho : Adams , dwelling in Paules Church-yard , at the signe of the blew Bell. 1609. TO THE RIGHT REuerend Father in God , THOMAS Lord Byshop of LONDON , my Honourable good Lord : all Grace , Prosperity , and Happinesse . THE manifolde and waighty Ecclesiasticall affaires , wherein your Lordshippe is daily imployed , and many times wearied ; partly in aduancing the sincere profession of Gods holy truth , and partly in maintaining the happy tranquility of this most renowned Church , haue often occasioned me to remember the words , & complaint of that learned father S. Augustin . Though besides those a innumerable Ecclesiasticall cares which hee sustained , and of which he said , that almost none would beleeue them , but such as had experience of them , he was daily incumbred also with the iudiciall hearing of verie many secular causes , for which as he saith , b he was daily with al reuerence attended and saluted by the people ; yet some in that age most vniustly blamed both him & other Bishops , as being desidious , and like the Pharisees , tying heauie burthens on other mens shoulders , which themselues would not touch with their litle fingers ( & who can possibly escape that censure , if the indefatigable industry & toile of S. Augustine could not quit him thereof ? ) He then with a most serious and solemne protestation answered , c I call Iesus Christ to witnesse vpon my soule , that I had much rather giue my selfe to reading , praying , and other spirituall exercises , yea to daily handy-workes , then indure the most tumultuous perplexities of other mens causes about their secular businesses , either ( d ) iudicially to end them or by perswasion to preuent them . The cogitation heereof , had almost perswaded me not to withdraw your Lordshippe , so much as to the viewe of these my slender labours , but that the seuerall bandes of duty which I owe vnto your Lordship , ouer-swayed with me heerein at the last . For hauing not onely beene called ( as from little Zoar to Ierusalem ) by that message which to me was no other then the voice of God , though some younger Samuels , may perhappes mistake it to bee Elias voice ; but further also in that straitnesse of time , extraordinarily encouraged by your Lordship to this seruice ; the fruit of my labours therein ( if it be any ) I iudged it my duty to present to him , by whose Authoritie and appointment they were first vndertaken . Againe , seeing my heartie and sincere desire heerein , was to testifie my vnfaigned loue , first to Gods truth , and then to the peace of our Ierusalem , in both which , I expect no lesse then the seuerest censures of two , in themselues opposite , and both of them very rigorous aduersaries , who contrary to the Apostles e rule , either follow not the truth , or follow it not in loue : I was emboldened in both these to intreat protection vnder your Lordships name , as one who liuing vnder your Lordships , both publicke and Domesticall gouernment , haue , and do daily see manie assured experiments of your Lordships zeal to the one , and prudence ioyned with great moderation in the other . Besides , I must and do with thankefulnes acknowledge , which I haue often heeretofore gladlie recounted , a good part of that light with which God hath in mercie vouchsafed vnto me , to haue bin receiued frō that faire burning lamp , which many years in our Vniuersitie , your L. verie often and happilie helde forth vnto vs : then especiallie , when in the last yeares of our late Soueraigne , & in those , as some thought , declining daies ; wherein the children of Babylon , vpon some vainly conceiued hopes , I know not what , began somwhat insolently to insult . At which most needfull time it cannot bee forgotten , how the religious , constant & godly zeal of your L. being one most eminent in that place , did animate & incourage many others , my selfe among the rest , who then sat at the feet of Gamaliel , and who by those words vttered in fittest time , by the tongue of the learned , found in our selues , how truly the Wiseman saide , f The words of the wise are like goads , and like nailes fastned by the maisters of the assemblies . If in these respectes I present this small pledge of my dutie , to your Lordshippe , and with a willing heart offer this mite vnto the Lords Treasury , let me in excuse of the slendernesse thereof , vse those fit words of S. Ierom. g Euery man offers in Gods Tabernacle according to his ability ; some offer Gold , and Siluer , and precious stones , others bring Silke , and Purple , and Scarlet , and fine linnen , Nobiscum bene agitur si obtulerimus pelles & caprarum pilos . Howsoeuer it bee , I gladly submit it to your Lordships graue wisedome , and to the Church of God , euen in those most submissiue words and maner , which I long since learned of the most learned S. Austen , and which ( beeing heere expressed ) in all my speeches and writings , I earnestly desire to be vnderstood ; Domine ( h ) Deus , Quaecunque dixi de tuo , agnoscant & tui , Si qua de meo , & tu ignosce & tui . Blacke Notley in Essex . May , 15. 1609. Your Lordships Chaplaine in all duty , most humbly to be commanded , RICHARD CRAKANTHORPE . 2. CHRON. CHAP. 9. Verse 5. ANd shee saide to the King , It was a true word , which I heard in my owne Land of thy sayings , and of thy wisedome . 6. Howbeit , I beleeued not their report , vntill I came , and mine eyes had seene it : & behold , the one halfe of thy great wisedome was not tolde mee , for thou exceedest the Fame that I heard . 7. Happy are thy men , and happy are thy Seruants , which stand before thee alway , and heare thy wisedome . 8. Blessed bee the Lord thy God , which loued thee , to set thee on his throne , as King , in stead of the Lorde thy God : because thy God loucth Israell , to establish it for euer , therefore hath he made thee King ouer them , to execute Iudgement and Iustice. 9. Then she gaue the King six score Talents of Gold , and of sweet Odours exceeding much , and precious stones . THe solemnity of this most ioyfull day , and happy opportunity which God hath giuen vs to celebrate the same , to the glory of his holy name , to the honour of our most Religious Soueraigne , to the comfort of vs and all his loyall Subiectes , but to the confusion of those sonnes of Beliall , who hauing euill will at Sion , repine and pine away , to see the peace and prosperity of this most flourishing church and kingdome , and to heare of the myrth and melodie in our streets this day , hath mooued me to make choice of these wordes of the Queene of Sheba to King Salomon ; wherein euery one may see both a fit correspondence to our Salomon , and a woorthy example of that loue wee all owe to him , and thankesgiuing vnto God , for this so great , and so incstimable a blessing . In the wordes themselues , not to seeke any curious diuision ( which in an History you will not expect ) obserue I pray you with me , foure seuerall pointes , which concerne foure seuerall parties . The first , concernes King Salomon ; wherein is set downe a singuler commendation of his wisedome , which exceeded all reports . [ Behold the one halfe , &c. ] The second , concernes the people and Subiects of King Salomon ; wherein is declared their blessed and happy estate , who had Salomon a wise King to rule ●…uer them . [ Happy are thy seruants . ] The third , concernes Almighty God , wherein is expressed a most Religious thankesgiuing vnto him , for placing Salomon , a wise King ouer his people . [ Bl●…ssed bee the Lord thy God. ] In which third point , besides many other , two particular branches are especially to be considered : the former , from whom Salomon had or held his kingdome , and that was immediately from God , who made him King ouer Israel , and placed him in his owne throne , and in his owne stead . [ To set thee on his throne . ] The latter , what moued or induced God , to graunt his people so wise a King ; no merrits nor deserts , eyther of King or people , but onely his owne fauour and free loue to Israell . [ Because thy God loueth Israell . ] The fourth and last point , concernes the Queene of Sheba ; wherein is set forth , a manifest and outward testification of the honour and honourable respect shee bare toward King Salomon , in token whereof , s●…e bestowed on him such royall and magnificent presents : six score talents of Gold , sweete Odours , and Precious stones . [ Then shee gaue the King. ] Of these seuerall pointes , by the most gracious and helpefull assistance of Gods holy spirit , and by your Honourable and wonted patience and attention , wee are at this time ( God willing ) to intreat . The first point , concernes the admirable , & ( indeed ) inexplicable wisedome of King Salomon , whereof God himselfe is a most sufficient witnesse . Wisedome and knowledge is granted vnto thee , so that there hath not bin the like among the Kings which were before thee , neither after thee shall th●…re bee the like . 2. Chron. 1 , 12. And againe , God gaue Salomon wisedome and vnderstanding exceeding much , He was wiser then any man , and a he excelled all the Kinges of the earth in wisedome , 1. Kings , 4. verse 29 , 31. To goe no further then my Text , So famous was he for wisedome among all Nations , that there b came of all people vnto him , and all c Kinges of the earth sought to heare the wisedome of Salomon , which God had put into his hart . And though Fame bee not onely a swift messenger , but vsually an amplifier & multiplier of that which it doth report , as Saint Hierō saith , d ijdem authores , & exaggeratores , yet in this it was quite contrary . The report of this wisedome was such , that it seemed incredible ; and therefore this Queene confesseth she belieued it not : but when she had heard it her selfe , and bin an eye and eare-witnesse of all , as one amazed and astonished thereat , she breakes into this admiration thereof , set downe in my Text. Behold , the one halfe of thy great wisdome was not told mee , thou exceedest the Fame that I heard . Hauing spoken this of the wisedome of King Salomon , may I now presume to speake a word or two of the sacred Maiesty of my dread Soueraigne ? It is not my purpose to make any paralell to Salomon , of whom God himselfe hath saide , that none should be like vnto him : nor take vppon me to set forth vnto you , any portraiture of that wisedom , which no Zeuxes nor Apelles can otherwise expresse , but onely , by drawing ouer it the vaile or Curtaine of Timanthu●… , to import , it cannot be expressed . The wisedome of a man , much more of a King , is compared by Gods spirit , e to deepe waters , and to a flowing riuer : who am I , to diue into that bottomelesse depth , or with my span to measure the depth and bredth of the maine Ocean ? Yet with all loyall submission , let mee thus much say , and say much lesse then I do conceiue : Neither can this present age , nor al the Chronicles ( I say ) not of great Brittaine onely , but of all Europe , present vnto vs a King , indued with such admirable gifts of Learning , Iudgement , and Memory ; adorned with so many princely and Heroicall Vertues , Iustice , Clemency , and Wisedome ; especially , with that Diuine and Heauenly wisedome , which is the Fountaine and foundation of all the rest ; with Religion , Piety , Zeale , and constant Magnanimity to professe , maintaine , and vphold the truth of God , and of his Gospell . Which report of mine , if any suppose to be too lauish , and with this Queene of Sheba beleeue it not , let him well consider , those many , and most Religiously wise speeches , vttered in a manner in the hearing of the whole Realme : Conferences , Disputations , free Monarchies , but specially , that most learned Apologie , for the Oath of Allegiance against the Popes two Breues , and that kingly gift , fit onely for a peerelesse King , to giue to a peerelesse Prince ; all which are but some few sparkes of that euer-burning Lampe , or but small streames , of that euer and ouer-flowing spring , and then hee will bee forced euen with admiration , to professe and say with this Queene , as after the hearing and reading of diuers of them , my selfe with many others , haue often said , It was a true word indeed which I h●…ard of thy sayings , and of thy wisedome ; howbeit I beleeued it not , vntill I came , and mine eies had seene it : and beholde , the one halfe of thy great wisedome was not told mee , for thou exceedest the fame that I heard . With which true Testimonie of the wisedoms of both these Salomons , I end this first point , which concernes the King , and the admiration of his great wisedome . The second point concernes the people and subiects of King Salomon , of whom the Queene heere saith , that they were blessed & happy , who had Salomon a wise king , to rule ouer them . Happy are thy people , and happie are thy Seruants . Nor can there in truth be a greater comfort to any people , or greater safety to any kingdome , then to be gouerned by a wise and prudent King : By a man of vnderstanding and knowledge , a Realme indureth long . Prou. 28 , 2. A wise man ( much more a wise King ) is as a fortresse and strong piller , to support euen an whole Realme : And better is wisedome , then weapons of warre . Eccles. 9 , 28. Nay , a wise King , is not onely a safety , but euen an happinesse ( as the Queene heere saith ) to a kingdom , for so God himselfe doth witnesse . Eccl. 10 , 17. Blessed art thou , ô Land , when thy King is the sonne of Nobles , that is by the Hebrew f phrase , truely Noble , indued with Vertue , Piety and Wisedome , wherein alone consists true Nobility . On the contrary , a foolish or childish king , is one of those heauy Iudgements and curses , which God in his wrath threatens to bring vpon a land . I wil appoint children to bee their Princes , and Babes shall rule ouer them . Isay 3 , 4. And againe : Woe vnto thee ( ô Land ) whose King is a child , a child in knowledge , in wisedome , in vnderstanding . Ecclesiastes . 10 , 16. The reason of both which , is very euident . A Wise King , gouernes with Iustice and Equity , and the Kinges Throne is established by righteousnesse . Prouerbes 25 , 5. And the King that iudgeth in Truth , his Throne shall bee established for euer . Prou. 29 , 14. Againe , a prudent and wise King , as he maintaines Iustice , so his principall and chiefe care is , to maintaine and aduance piety and godlinesse , the true & sincere worship of God throughout all his kingdomes . So did holy Dauid , of whom it is said , g that he ruled thy people prudently with all his power . And wherein did his prudence appeare ? he was no sooner set vpon the throne , but he assembled all the congregation of Israel , and they brought againe the Arke of the Lord , with singing and dauncing ; with Vyols , with Cimbals , and with Trumpets , 1. Chron. 13 , verse 2 , and 8. The like did that most religious and wise King Iosiah , He made a Couenant before all the people , to walke after the Lord , and to keepe his Commandements ; and be caused all that were found in Ierusalem and Beniamin to stand to that couenant , and he compelled all that were found in Israel , to serue the Lord. Whereupon it followed , that all the daies of Iosiah , the people turned not backe from the Lord. 2. Chron. 34 , ver . 31 , 32 , 33. Such a blessing the Church and the whole kingdome hath , of a Prudent , Religious , and wise King. On the other side , an irreligious , a wicked and vnwise King or Gouernor , by suppressing Iustice and equity , and making his Lust a Law ; impiously saying with the Donatists , h Quod volumus sanctum est : or as Iulia did to i Caracalla , Si libet , licet ; what I list , that 's a Law : Such an one is euen a trouble to the whole land , and to his owne people , as Eliah said to King Ahab , 1. Kings 18 , 18. Thou and thy fathers house trouble Israel , in that you haue forsaken the commandements of the Lord : Nor onely trouble Israel by violent and tyranicall intrusion into the Vineyards and lands of Naboth , but chiefely , by causing the people to forsake the Lord and his worship , and to follow Baal , or the Calues , as did Ieroboam , of whom it is therefore said , that he did euill aboue all that were before him ; and why ? For he did not onely sinne himselfe , but he did sin , and hee caused Israell to sinne , 1. Kings 14 , verse 9. and 16. You see now what an heauy iudgement and curse an vnwise King is vnto the Land and people : but that Kingdome is happy , that people , and those Subiects are happy , ouer whom Salomon a wise and prudent King is placed by the Lord. I may truely heere say vnto you , your selues also being witnesse , and say it to the immortell praise of Gods name , to the honour of our Soueraigne , and to the ioy and comfort of all his people , that in this happinesse , this renowned Kingdome , among all , and aboue all Nations of the earth is blessed this day . Happie O King are thy people , and ●…appie are thy Subiects or Seruants . It is not my meaning , nor is it fit , to make a panegericall Oration in this place at large , therein to recount and amplifie also those manifold blessings , which by the meanes of our SALOMON , we doe now enioy . Yet the more to stirre vs vp to magnifie and blesse Gods glorious name , and if it be possible , more also , to loue and honour that Sacred Maiesty whom God hath chosen to be his royall Instrument , whereby so many and great blessings are deriued vnto vs ; I may not omit to mention some few which are most eminent , commending the rest to your priuate & Religious consideration . The first is our long tranquility and happie peace , with all the blessings and blessed fruites of peace . A blessing which God began to bestow on this land , at the ioyful entrance of our late Soueraigne QVEENE ELIZABETH , whose Sacred spirite doth now rest and raigne with the Lord , but her memory shall bee blessed and eternized in the world for euer ; when all those venomous k and Viperous tongues ( set on fire by hell ) which now in vaine bark against her , and seeke to staine her spotlesse honour , shall rot , and be euen as the dung vpon the earth . Hauing enioyed long and happy peace , vnder her long and happy raigne , it was expected by the Agents and vassals of Antichrist , that the day which ended her life , should haue ended all our comforts , and beene to vs a dismall day , a day of murthers and massacres , a day of warres , of tumult , and of vtter desolation ; one of their owne false Prophets l with a lying spirit in his mouth , foretelling of that day , Catholici quidem dimicabunt , at that day they will fight it out indeed . Behold , hee that sits in heauen laught them to scorne , the Lorde had them in derision . Himselfe placed in his owne Throne , after Dauid , Saloman ; A m man of rest and peace , sor God hath giuen him , and in him to vs , rest and peace from all his , and our Enemies , round about . And loe , this is now more then the fiftieth yeare , wherein the people of this lande , in abundance of peac●… sat ( as the Prophet n saieth ) Euery man vnder his owne Vine , and vnder his owne fig-tree without danger . Such , so long , and so happy peace , neuer did our Fathers nor Ancestors see before vs in this Land ; nor haue any of all the Nations and neighbour-kingdomes enioyed the like , who in the meane time haue beene wearied and wasted , either with forraigne or with intestine warre . Yea , and this very day which they had cruelly designed to weeping , mourning and lamentation , God by the happy meanes of our SALOMON , hath turned it ( as we all now see ) to a day of mirth and melodie ; a day offeasting , singing , and reioycing ; a day of praise and thankesgiuing to his blessed name , which be therefore magnified and praised , and blessed for euermore . A second blessing , which vnder our SALOMON this whole Empire enioyeth , is the sincere profession of Gods holy truth , the blessed continuance , yea the establishment also ther●…of among vs. The extinguishing of this most glorious light , hath bin often wished , by most malicious and diuellish deuises attempted , and at the chaunge of our late Soueraigne , was vndoubtedly expected . But the wisedome of our SALOMON , knowing that Piety and Religion is the surest prop to a kingdome , ( like Constantine o the great ) made it his first care , by his most Religious Edicts and Lawes , p to establish Gods truth , and true worship in the land . Assuring further , & protesting his ardent zeale for euer to vphold and maintain the same : and that so often , in so many Honourable and publicke Assemblies , with such vehemency of speech , in so many Learned and Diuine writings , published to the view of the world , with so Religious and royall promises , nor this onely for himselfe , but in assured hope also of the most happy braunches of that most happy Vine : that now , Blessed bee God , that cursing Balaam , and his cursed Priests of Baal , which ere this , hoped , and vaunted in their hopes , to haue seene Baal , or Moloch , or the Queene of heauen , and the whole hoast thereof ; Nay , the very abhomination of desolation set vp in our Temples , do now gnash their teeth at this our felicity , and their hearts doe euen languish , and faint , and pine away , to see the truth o●… God so sincerely professed , so constantly maintained , both by King and people , so assuredly setled , and as we may iustly hope , and do hartily pray , euen for euer established in this Land. The greatnesse and indeed the happinesse of this blessing , my tongue cannot possiblie expresse vnto you , nor can our s●…allow hearts sufficiently conceiue thereof . We neuer saw those Marian and bloudy dayes , wherein for the people of God to haue beene acquainted with the q Gospell and word of God , was Haeresie , not to haue falne down before the Calfe , and adored the Beast , was no lesse then fire and Faggot , and what else the rage and furie of that beast could adde vnto it . We neuer felt nor knew those Antechristian , and more then barbarous Inquisitions , r to the tyranny and vnexpressable torments whereof , the Bull of Phalar●…s , the Alter of Busiris , and those primitiue persecutions vnder Heathen Tyrants , were almost but Ludus & iocus ; Death it selfe , euen a pleasure to the rage of that beast , which needs not learne of Caligula , s I●…a feri vt sentiat se mori , torment them so , that they may sensibly feele death , and yet not die . And yet all this is as nothing to their spirituall bondage . They may not buy , t nor sell , nor liue , nor breath , vnlesse they receiue the marke of the beast . They may not teach u ought , they may not beleeue x ought , no not so much as the Scriptures y to bee the word of God : no , not that there is a God , vnlesse the Beast say so , and what soeuer the Beast saith , that without all scruple must be receiued as an Oracle z of God , and an vndoubted Article of their Faith. Consider but in one point what themselues doe teach and professe , concerning Rome , which is the Sea of that Beast . They cannot indure a to heare it called the seate of Antichrist , but yet they willingly professe , and foundly proue Rome to be that Babylon , b whereof S. Iohn prophesieth ; that very Babylon I say , which is the c Mother of whoredomes and abhominations of the earth , which d hath made all Nations drink of the wine of her fornications , and her selfe is drunk e with the bloud of the Saints and Martyrs , whose destruction and vtter desolation is fore-shewed by the Apostle . f Thus much themselues professe and prooue concerning Rome . Now , though some of g them , very childishly indeed , haue supposed onely the old and Heathnish Rome , to bee meant thereby ; yet who fo pleaseth to read Ribera the Iesuite , in his Commentarie vpon the 14. of the Reuelation , shall see him by many euident and vndeniable demonstrations , declare and proue ; first , Rome to be that very Babylon h where of Saint Iohn speaketh ; and secondly , euen that Rome i to be Babylon , which shall remaine neere vnto the end of the world . Of his large Treatise , let mee alledge some few wordes of his . Quoniam dubium non est ; because ( saith he ) k there is no doubt , but that Babylon is the very shop and Store-house of al Idolatry , and of all wickednesse : If we haue already proued ( as before he had ) Rome to be Babylon , dubitari non potest , quin Roma prope finem saeculi haec omnia habitura sit , it cannot be doubted , but that Rome toward the end of the world , shall leaue all these ; to wit , all Idolatries , and all abhominations . And againe , that Rome shall be l burned and consumed with a mighty fire , not onely for her old sinnes , when it was Heathnish , but for those also , which in * the last times it shall commit , Ad●…o perspicue cognoscimus . We know it ( saith he ) so euidently by the words of this Reu●…lation , Vi ne stultis●…imus quidem negare possit , that the veriest foole cannot deny it . And yet their great Cardinall Bellarmine and the Rhemistes , blush not to denie it ; whose sentence and doome , their owne Iesuite hath ( as you see ) pronounced . And then citing the words of the Apostle , m Babylon the great Citty is falne , which hath made all Nations drinke of her fornications ; hee addes , n Haec qui leget , who so reades these things , may thinke them to be spoken of those , who liued before S. Ioha , or in his time ; and this is true : but they are also spoken of those , qui extremo mundi tempore 〈◊〉 , & cum ea fornicabuntur , who shall liue ( at Rome ) in the last time of the worlde , and commit fornication with her . Whereof hee giues a cleare proofe out of the Apostle , o The Marchants and louers of Babylon ( that is , of Rome ) shall weepe and waile , and say ; Alas , alas , the great Citty in one houre is made desolate , Vtrum illi lugebunt ; whether ( saith Ribera ) p shal they lament thus , which are dead a thousand yeares since and more , An qui tunc viuent et videbunt fumum incendij eius ? Or they , who shall then liue , ( when Rome is consumed ) and shall see the smoake of her fire ? Ex quo manifeste p●…rspicitur , by which it is manifestly perspicuous , that the sinnes which Rome shall perpetrate in the last times , shall bee altogether like those , which it committed vnder the Heathen Emp●…rors ; that is , as himselfe q expoundeth it , there shall bee then in Rome , Summa Idolatriae omnis , & omnium peccatorum licentia , the greatest licence or allowance of all Idolatry , and of all sinnes , and so turned r into a very sinke of nefarious mischiefes . Thus writes their owne Iesuite Ribera . Seeing then it is not Rome Heathnish , which many hundreds of yeares since is out of date , but that Rome which as yet is to fal , and to be burned with fire , & which shall remaine neare to the end of the world , as Ribera truly doth demonstrate , which the spirit of God calleth Babylon , & whose eternall destruction is foreshewed by the Lord : Seeing againe , as Bellarmine s of purpose proueth , and saieth , t that it is Pia et probabilissima sententia , a pious and most probable sentence , that Peters chaire cannot be seperated or remoued from u Rome , and that therefore the Roman Church , euen the particular Church of Rome absolute , Non possit 〈◊〉 nec deficere , absolutely cannot erre , not faile , nor cease , but Rome shall continue Christian , yea Popish , professing their present Popish Faith , vnto the very end x and destruction thereof : which by the calculation of this worthy Prognosticator , must precisely fall out within three y yeares and an halfe of the end of the worlde : It is hence euidently and ineuitably consequent , that the present Popish Rome , professing their present Popish Faith , from which , as the Cardinall saith , it shall neuer faile nor fall away , is that very same Babylon , which is the mother of Idolatries and all abhominations , & which shall most vndoubtedly receiue those iudgements of desolation & eternall condemnation from the Lord. What a wofull and miserable thing is it then , to bee a Papist , a member of the Church of Rome , or ( which is all one ) of Babylon ? Especially , seeing God himselfe hath foretolde , Apocalipse 18 , 4. that they who pertake of her sinnes , shall receiue also of her plagues . And againe , Apocalipse 14 , 9 , 10. If any receiue the marke of the Beast , ( that is subiection vnto him ) the same , vnlesse hee repent z and goe out of Babylon , shall drinke of the Wine of the wrath of God , and bee tormented in fire and Brimstone , before the holy Angelles , and before the Lambe . Thinke now with your selues , what a blessing and happinesse wee do all inioy , who vnder the most Religious raigne of our Soueraigne , are freed and secured from that Iron , and more then Babylonish Captiuity : who in aboundance of peace and tranquility , liue to serue God in Bethel , and at IERVSALEM , in the house of God and Citty of peace , not in BETH-AVEN , not in BABYLON , in the house of vanity , of confusion and vtter desolation . Let me say yet one thing more : whereas the Spirite of God hath fore-told , a that sundrie Kings and Kingdomes loathing and detesting the abhominations and Idolatries of Babylon , which is confessed to bee Rome , shall not onely forsake the Whore , but hate her , and make her desolate and naked , and burne her with fire ; which Prophesie is in part begunne b to bee fulfilled , but in due time shall be fully accomplished . Though I am no Prophet , nor sonne of a Prophet , that I can deuine , yet as one of those who expect and pray for the performance of Gods promise , and full deliuerance of all his people , from that miserable thraldom , c crying ; How long Lord , holy and true , doest thou not auenge our blood . It may well I say be hoped , considering the piety , Zeale , and magnanimity of our most Religious Soueraigne , that either himselfe , or some of his most happy and Religious off-spring , shall be the very Generall , the first and chiefe Leaders of the Armies of the Lord of Hoastes against Babylon , and so not onely giue cause to all the people of God , with endlesse ioy to sing that triumphant song for the ruine thereof foretold by the Apostle . Apoc. 18 , 20. O heauen reioyce of her , and ye holy Apostles and Prophets reioyce , for God hath giuen your iudgement of the Whore ; but purchase also to themselues , that blessing and happinesse , which God hath promised , d & wil vndoubtedly performe to the ruinaters & destroyers thereof . O daughter of Babylon , wasted with misery , happy shal he be that rewardeth thee , as thou hast serued vs , Blessed shall hee bee which taketh thy children , & dasheth them against the stones . To this blessing of Piety and Religion , let me adioyne another of neerest affinity , and which is also a speciall meanes to continue the former happines vnto vs ; to wit , the peaceable and happy setling of the Ecclesiasticall gouernment and affaires of our Church . Would to God that tumult in the Church , might neuer be remembred , but buried in eternall obliuion , which the new Donatists of this age haue made : who e like those f in Saint Austens time can abide no spot nor wrinckle in the Church : who cry vnto others ; Depart , g depart ye , go out from thence , and touch no vnclean thing , or stand h apart , and come not neare vs , wee are holier then you ; and who glorying , as S. Austen i sheweth in these words of the Apostle . k Take away euill from among you , Ad sacrilegium scismatis , & occasionem praecisionis vsurpant : They abuse those Apostolicall words , to make a Scisme , which is Sacriledge , and for an occasion of Praecision , of cutting off , and seperating themselues from the true Church of God , which by a late learned man l is condemned for Diabolicall , though otherwise a man liue an Angelicall life . But alas , it is too apparent to the world , & the church which hath felt the smart thereof , hath grieued and groned to see her owne children , whom she hath nourished , and tenderly brought vp , to rebell against her , and with Corah , Dathan and Abyram , to go apart , and make a faction against Moses and Aaron , and with disdainefull insolency to say m vnto them , Moses and Aaron , ye take too much vpon you , seeing all the congregation is holy , wherefore lift ye vp your selues aboue the congregation of the Lord. Nay though the Church out of the tendernesse of a mothers compassion , would willingly couer and conceale all these wronges , yet are they too well knowne in Gath , and published in the streets of Askalon ; and the vncircumcised Philistims by these mens occasion , haue and do daily blaspheme the name of God , and his glorious truth and Gospell , which we do professe : who reioycing in our discordes , and saying among themselues ; There , there , so would we haue it , do euen laugh and triumph , to see how those who should haue turned their edge against Amalecke and Babylon , the enemies of the Lord , haue bin most sharpely whetted , and seditiously backed also , to wound their owne mother ; and those , who in the church are like Eliah , n the very Chariots and Horsemen of Israel . It is not my purpose at this time to intreat , eyther of the dignity , or of the Diuine and Sacred authoritie of those most reuerend Fathers of the Church , which in another very learned and Academicall assembly , I haue some yeares o since at large demonstrated , to haue an assured and vndeniable warrant , not onely from all antiquity and the renowned practise of the whole Primitiue Church , but euen from the Apostles themselues , and from the diuine institution and ordinance of the Lord. Nor is it my purpose at this time , to make euident vnto you , how that Imperious , nay rather Imperiall , presbiteriall Consistory , which those new builders had fancied ; besides that , it wants all ground of Scripture and of Antiquity , is in truth , and in experience would prooue , a very Seminary of sedition , and a Sanctuary to euery turbulent and seditious Gracchus , both in Church and kingdome . Nor was it possible , that a fancy so repugnant to Scriptures , Fathers , and all Antiquity , so contrary to the peace and Tranquility both of Church and kingdome , could euer haue found like entertainment , if the maintainers and abetters thereof had not bin guided , nay blinded with two most dangerous affections both for Church and Common-wealth , affectation of Singularitie , and of Popularity . That which I would onely mention at this time , is the great blessing , which by the happy meanes of our Salomon we now enioy ; who seeing , and grieuing to see a rent in Gods Church , himselfe like p Phinees , stood in the gap , and with more then Princely Clemency and Moderation , made vp the breach , appeased those affaires , and remoued that shame and reproach from Israel , which the vnquietnesse of contentious spirits , had brought vppon it . Who being wise as the Angell of the Lorde , according to the aboundance of that admirable and Diuine wisedome , wherewith God hath extraordinarily filled his Royall heart , hath firmely setled and established the Arke of the Lord vpon those holy Mountaines of Sion , on which , euen from the most pure and primitiue dayes of the Church , and from the Apostles themselues it had euer rested . Which if their fancy might haue preuailed , had long since not onely beene remooued from Sion , but placed also as did the Philistims place it . 1. Sam. 6 , 11. most basely and totteringly , and disgracefully euen set vpon a Cart. In the happy establishing whereof , though some fewe as the Eckronites q haue bin iustly smitten of the Lord , because they neither had right , nor bare sincere loue to the Arke of God , whose cure also hath beene sought , & that with most tender and fatherly care and compassion : but such is the zeale of opposition , and predominancy of Popularity and contentious humors , that by no demonstrations of reason will they be perswaded , no , not when they are indeed perswaded ; by no authority will they be mo●…ed , no , not by that Sacred and Soueraigne , which God himselfe hath appointed in many of those affaires , to bee the very Canon and rule of right : though some fewe of these , I say , may repine heereat , yet shall it euer be the honour , yea , the felicity and safety also of our Soueraigne , to haue those holy Aarons to support his Princely hands : and this shall euer be reckoned as a speciall , and as it is in truth , euen a rare blessing of God vpon this Church and Kingdome , by all those , whosoeuer not in shew , but in sincerity and truth , wish to see peace in Sion , and prosperity in Ierusalem . I must in silence passe by many other and great blessings , which by the meanes of our SALOMON , are heaped vpon vs. But let my tongue cleaue to the roofe of my mouth , if I forget that one most memorable happinesse , which wee all receiued by him on that fift of Nouember . That one day shall be for euer a most glorious . Tro ▪ haeum , and euerlasting Monument , both of his most blessed and vnspeakable Wisedom , and of the infinit blessings which by him we haue all receiued . By it , wee enioy not onely our Goods , our Lands , our Liuings , our Liberty , our Religion ; but euen this , that we liue and breath this day , we owe it to him , and to his wisedome . It was not the Loue nor Loyalty of his , though most louing and Loyall Subiects , which preuented that sudden and secret blow , that should at once haue dispatched and blowne vp all . It was not the Prudence and vigilancie of those thrice-Noble woorthies of King Dauid ; the Golden pillers of Israel , though a most wise , and a most Honourable Senate . All may , and all willingly doe disclaime the praise of that day . The whole honour of that most wonderfull , and withall , most happy deliuerance , must bee giuen first to thee , O most glorious , and most gracious God , and next after thee to thine annointed alone . Thou didst fill his hart , as thou didst sometime the hart of thy holy Prophet Daniel , with wisedome frō aboue to r Discouer the deepe and secret thinges , and to know what is in darknesse . And he being full of thy Spirit , to the endlesse comfort of this Empire , and of all his loiall subiectes , discouered indeede that darke and secret speech , that darke and secret Vaut , that darke , secret , and hellish treason , & so kept off that imminent blow , which would haue proued fatall to him , to vs , and to all his kingdomes . The happinesse of that day , & of thy wisedome ( O gracious King ) our Histories and Chronicles shal commend , our Lawes and Statutes shall record to all eternity . Euery Citty , Towne , and Village , euery Church in this Land , euery degree of thy people , from the tallest Caeder , to the very Shrubbe , shall sing and sound foorth thy Noble praise . And as the Israelites did s in honor of Iosiah , euery Tribe and family shall praise thee apart , and their Wiues apart : The royall and princely Tribe of Iuda shall prayse thee apart , and the holy Tribe of Leuie shall praise thee apart : The Nobility shall praise thee apart : the Gentry & Commons shall praise thee apart : The Students of a●…professions shal praise thee apart : the Men of Warre , and the Men of Peace shall praise thee apart : yea , euery House , & euery Family throughout all Israell shall praise thee apart . We in this age will speake of thy praise to our Children , & our Children , to their Childrens Children , vnto all generations . And if it were possible that we or our posteritie could bee silent herein , yet the Magnificent and princely buildings and Monumentes , in these two famous and renowned Citties , the very wood and wals of these houses , & stones in these streets , euen with their dumb eloquence , would sing aloud , and sound foorth thy Noble praise : all which in their kinds are pertakers of that happines , which vnder thee , and by thee , we then all receiued . Iudge now with your selues , if besides many and great blessinges which I haue purposely omitted , for these so great and indeed inualuable blessings which by the happy meanes of our SALOMON we doe enioy , we may not all most iustly say to him , as did the Queene of Sheba to King Salomon : [ Happy O King are thy people , and happy are thy Seruants . ] Shall I further here adde , whereof this Queene is silent in that King of Israel , that the wisedom of our SALOMON is an happinesse , not onely to his owne people and Subiectes , but euen to strangers also ? The gracious beames there of like those of the Sunne , spreading themselues to far and forraine Countries ; yea , to the vtmost Coastes of this and the other world . To omit many other and euident proofes hereof , euen that which beeing the chiefe , if time would suffer ought not to bee omitted , that with such constancy and zeale , himselfe holds forth a glorious Lampe of Piety , and true Religion vnto all Christian Kings and kingdomes , performing heerein that which Gods spirite hath noted t as the greatest part of wisdome , the more wise the King was , the more he taught them knowledge , & caused them to heare : But omitting these , let the honourable expedition now happily intended for Virginea be a witnesse : enterprised , I say not auspicijs , but by the most wise & religious direction and protection of our chiefest Pilot , seconded by so many honorable and worthy personages in this State and kingdome , that it may iustly giue encouragement with alacrity and cheerefulnesse for some to vndertake , for others to further so noble & so religious an attempt . I may not stay in this straightnes of time , to mention , much lesse set forth vnto you , the great and manifold benefits which may redound to this our so populous a Nation , by planting an English Colony in a Territory as large and spacious almost as is England , and in a soyle so rich , fertill , and fruitefull , as that besides the sufficiencyes it naturally yealds for it selfe , may with best conuenience , supply some of the greatest wantes and necessities of these Kingdomes . Of these and such like particulars I will not now intreat , though I could commend them by more then ordinary and vulgar report vnto you . But that happinesse which I mentioned , is an happie and glorious worke indeede , of planting among those poore and sauage , and to be pittied Virginians , not onely humanitie , instead of brutish inciuility , but Religion also , Piety , the true knowledge and sincere worship of GOD , where his name is not heard off : and reducing those to Faith and saluation by Christ ▪ who as yet in the blindnesse of their Infidelity and superstition , doe offer Sacrifice , yea , euen themselues vnto the Diuell . This being the Religious and honourable intendment of this enterprise , what glory shall heereby redound vnto God ? What Honour to our Soueraigne ? What comfort to those his Subiects , who shall be the meanes or furtherers of so happy a worke , not only to see a new BRITTAINE in another world , but to heare also those , as yet Heathen , Barbarous , and Brutish people , together with our English , to learne the speech and language of Canaan : and next after their Hymnes and Alleluia●…es vnto God , to sound forth the honour and happinesse of our Soueraigne ; not onely saying with this Queene of Sheba , Happy are thy people , and thy Subiects , but happy are wee and others , that were strangers to you ; yea strangers and aliants to God , happy are we by thee , and by thy wisedome . And this be spoken of the second generall point , which concernes the people and their happinesse , by hauing Salomon a wise and prudent King to rule ouer them . The third generall point concernes almighty God , and containes a thankesgiuing to him , for setting Salomon a wise King to rule ouer his people . Blessed bee the Lorde thy God which set thee on his Throne . The acknowledgement in this Queene , of the true God of Israel , of his Diuine prouidence , and omnipotent power in placing Salomon in his owne Throne ; of his goodnesse and loue to Israel , whom hee would establish for euer ; of his righteousnesse , in that hee would haue his people gouerned by Iustice and Iudgement ; specially this her Religious thankesgiuing vnto God , for this blessing bestowed on his people ; all these are so many euident demonstrations of her true knowledge of God , of her loue to God , and Gods Children , of her sincere Piety , and Religious seruing of God ; & that though by Nature she was a Gentile , and aliant from God , yet was she by his speciall grace one of those Primitiae gentium , which were ingrafted into the true Oliue , and made pertakers of the fatnesse thereof , and of those heauenly blessings stored vp in Iesus Christ. But I purposely omit all these particulers . The onely point which I would now commend vnto you is , what a motiue and prouocation this ought to bee for vs all , to laud and magnifie the Lord , for placing so wise and Religious a King ouer vs and all these kingdomes . King Salomon was but a stranger to this Queene , who yet as you see is so thankfull to God : He so farre from being a stranger to vs , that we may say as did the Tribes of Israel to King Dauid . 2. Sam. 5 , 1. We are thy bones , and thy flesh . She being but a soiourner for a very short time in that kingdome , could not long pertake the benefit of his instructions , nor of peace and protection by his Iustice and Iudgement : But we from our SALOMON , receiue continuall influence of his Diuine both Sacred and Politicall Wisedome , continuall protection vnder his sacred shield , continuall tranqu●…lity vnder his most iust , equall , and wholsome Lawes , both Ecclesiasticall and Ciuill : How much more then should our mouths be filled with praises and blessings vnto the Lord our God ? And how Religiously should we say as she did ; Blessed be the Lord thy GOD , which loued thee , to set thee on his Throne . I doubt not , but for these blessings of the Lord , often times in your priuate houses and Chambers , ye sing Hymnes and Psalmes with a grace in your heartes vnto the Lord. But because for these publicke and extraordinary blessinges , GOD lookes for publicke and extraordinary praises at our hands ; because we are now assembled in this place , as at the Temple of Ierusalem , of purpose to offer the sweet Sacrifice and Incense of our lippes vnto God , and this day both before men and Angels , to testifie our thanksgiuing vnto God , our loue and ▪ loyaltie to our Soueraigne . Let euery one of you prouoke & stirre vp another , and suffer me as one of the Trumpeters of the Lord to excite vs all , and stirre vp your prepared hearts , and Religious affections , for all and euery of these blessings , to laud and magnifie the glorious name of God , and if it be possible , by some extraordinary straine of our vnited thankes , to pierce the very skies , and giue an eccho to those Celestiall Quires , singing Halleluiah , Halleluiah , honour , and praise , and glory , be vnto God , & to the Lamb for euermore . First , for that aboundance of our continued and happy peace , let vs say with the Prophet , u Praise the Lord , O Ierusalem , praise thy God , O Sion , for he hath made fast the barres of thy gates , and blessed thy children within thee : He maketh peace in thy borders , and filleth thee with the flower of Wheat . For establishing togither with this peace , his holy Temple and Sanctuary among vs , and in it the true and sincere worship of his holy name , O that wee could expresse the like ioy , as did the Israelites for their Temple which Salomon built and established among them ! All the congregation assembled therein , the Leuites and singers of all sortes , of Asaph , Heman , and Ieduthun , being clad in fine Linnen , stood with Cimbals , with Vyols , & with Harpes , at the East end of the Altar , and with them an hundered and twenty Priests blowing with Trumpets , & they were all but as one man , and made but one sound to be heard in praising the Lorde . 2. Chron. 5 , 12 , 13. But because the pompe and beauty of the second Temple , is euen as nothing to the first , let vs yet with the best Trumpets of our hearts and tongues , and with all our most solemne Instruments of musick , sing that Psalme of Thanksgiuing , which they then did vnto God ; Praise the Lord , for he is good , and his mercy indureth for euer . Praise the Lord. Like ioy and thankesgiuing let vs all shew for the Arke of the Lord , which by the meanes of our SALOMON , according to Gods owne ordinance is established on those holy Mountaines of Sion , of which the Lord hath saide , Heere will I dwell , for I haue a delight therein . Yea , let vs for these blessings , not onely sing and reioyce , but with the Kingly Prophet , x euen shoute , and daunce with all our might before the Lorde . For which , howsoeuer some Michols of Babylon , or of the house of Saule , shall scoffe and scorne , and tauntingly say vnto vs. O how glorious are you for the Temple , and for the Arke this day ! yet this is our comfort , and shall for euer bee our honour , that in vprightnesse of heart , we can truly say with that man of God : It is before the Lord , who hath chosen vs , and not your Fathers house , and who hath commaunded vs to rule ouer the people of God : and therefore will wee sing , and play , and daunce ; yea , and be more vile also then thus before the Lorde . And euen of those maide-seruants of Israel , of whom you spake , that is , of the holy Church of God , shall we be had in honor . But for those scoffing Michols of the reiected house of Saule , and those blaspheming Rabsekaes of Assyria , they shall be as chaffe scattered before the Winde , and as dung swept away from the presence of the Lord , and from the face of the earth . But what can we render vnto God , or say vnto him for that most rare and woonderfull deliuerance ? Let vs say with the Israelites , after the like deliuery from the Iawes of Pharaoh and the red sea . Exod. 15 , ver . 1 , 2 , 11. We will sing vnto the lord , for he hath triumphed gloriously . Who is like vnto thee O Lord ; glorious in holines , fearefull in praises & doing wonders : the lord is my strength & praise , & is become my saluation : he is my God , and I will praise him ▪ he is my fathers God , and I will exalt him . Or let vs sing that Psalme y of the whole Church . If the Lord himselfe had not beene on our side , may Israel now say . They had swallowed vs vp quicke when they were so wrathfully displeased at vs. The Waters ; nay , the raging Fires had deuoured vs , the flames had gone ouer our soule . Praised bee the Lord , which hath not giuen vs ouer for a prey vnto their teeth . Lastly , for all these , and for all other the blessinges of the Lord ; specially , for his Sacred Maiesty , vnder whom , and by whom wee liue , and liue to enioy them all ; let vs with one heart and minde sing that last Psalme of the Prophet : O praise God in his holinesse , praise him in the firmament of his power ; praise him in his Noble actes , praise him according to his excellent greatnesse : Praise him in the sounde of the Trumpet , praise him vppon the Lute and Harpe , praise him in the Cimbals and Daunces , praise him vpon the strings and Pipe : praise him vpon the well-tuned Cimbals , praise him vpon the loud Cimbals . Let euery thing that hath breath , praise the Lord. And this be spoken of the thankesgiuing to God , for placing Salomon a wise King ouer his people . In this Thankesgiuing , we before obserued two particular Branches . The former was , from whom King Salomon had and held his kingdome . Of which it is heere shewed , that he had it neither from the Priest , nor from the people , but immediately from God ; and therefore , it is expressely heere said , [ God made thee King ouer Israel and He set thee on the Throne ] not the Priest , not the people , but God made him King , and God set him on the Throne . For further euidence whereof , it is heere added that Salomon was set in the Throne , neither of the Priest , nor of the people , but he was set in Gods owne Throne , as King , & set there in Gods steed , as one immediately represeuting Gods owne person among them , and beeing his immediate Vice-gerent , or Lieutenant ouer all Israel . To this purpose , the Scriptures , not onely in generall call Kings the Ministers or Lieutenants of God , Rom. 13 , 4. and saith , that God sets vp Kinges and giues kingdoms , Daniel 2. 21. 37. but particularly also noteth this immediate designment of God in many of them : as of Dauid , The Lord chose him to be King , and delighted in him to make him King ouer all Israell . 1. Chron. 28 , 4. Of Saul , The Lord hath annointed thee to be Gouernor ouer his inheritance , 1. Sam. 10. 1. Of Hasael and Iehu , God saide vnto the Prophet , annoint Hasael King ouer Aram , and Iehu shalt thou annoint King ouer Israel , 1. King. 19 , 15. and to omit others of Salomon , whom our Text mentioneth : God chose Salomon to sit vpon the Throne , and he said of Salomon ; I will stablish his Kingdome for euer . 1. Chron. 28 , 5 , 7. The describer a of the victory and glorious tryumphe , as he b calles it , which Pope Clement 8. got ouer Henry 4. The present French King , at his vnhappy reuolt and subiection to the Man of sin , among other Pageants of that tryumph tels vs , that whereas some curious French Polititians ( as he c tearmes them ) doe maintaine , the King to d hold his Kingdome immediately from God , that this H●…beatur res maximè ridicula Romae : Is at Rome accounted a ridiculous , Nay , a most ridiculous matter . Indeed it is no newes nor maruell , that the sacred truth of God should bee blasphemed , and made a very iest and laughing-stocke at Rome , which is the Mother of abhominations , as themselues e professe , and which hath a Name of Blasphemie f in her fore-head , and hath inlarged her mouth to blaspheme God and his Tabernacle . Where if any Doctrine distast the Beast , or want his allowance , not this onely , and such like sacred truthes , but euen the sacred Scriptures themselues shall bee made a iest , and no better esteemed then are Aesops Fables , as you may perceiue both by Car linall Hosius , g and by Gretzer , h the late defender of Bellarmine , the most scurrile Writer that this or the former Age hath seene ; who shames not to excuse that very speech and comparison , from falsity , from impiety , and from blasphemy . But howsoeuer this Doctrine be by the Romanists i condemned , and in these dayes counted at Rome most ridiculous , yet both in it selfe it is most sacred , being grounded as you haue seene vppon the word of God , and as most sacred hath it beene esteemed in the primatiue Church , among the ancient Fathers , and godly Writers of all Ages . It was most sacred in the daies of Tertullian , who liued in the next age to the Apostles . In his Booke Ad Scapulam , ca. 2. Colimus Imperatorem vt hominem à Deo secundum , et quicquid est à Deo consequutum , & solo Deo minorem ▪ We Christians ( saith hee ) doe honour the Emperor as a Man , next or immediate vnto God , inferior to none but God , and whatsoeuer he hath ( in respect of his Imperiall authority ) he hath it from God. And againe , most excellently in his Apologeticall against the Gentiles , Cap. 30. Christians ( saith he ) doe know , who it is that giues the Empyre vnto Caesars ; euen God alone : In cuius solius potestate su●…t , vnder whose onely power and authoriry they are : à quo sunt secundi , post quem primi , ante omnes & supra omnes Deos , atque l homines : From which God , Emperors are the second , after whom they are the first ; before all , and aboue all other , both Gods and liuing men . Inde est Imperaetor , vnde est & homo antequam Imperator , inde potestas illi vnde et spiritus : He makes him Emperour , who made him a man before he was Emperor ; from him hee hath his Scepter , from whom he hath his Soule . What could be spoken more diuinely ? What more eloquently ? What more effectually for the imperiall authority of Kinges , immediatly and onely deriued from God , immediatly depending of God , and of God alone ? And all this was spoken in those ancient and primitiue dayes of the Gospell , not in the person of Tertullian onely , but as the iudgement and iust defence of all the Christians , and of the Church , as at that time ; yea , euen of the whole Church of R●…me it selfe , then Catholike and Apostolicall , where Tertullian liued and writ this , though the very same Doctrine in the present Apostaticall , Antichristian , and Babylonish Rome bee made a very iest , and accounted as you haue heard a most ridiculous matter . It was sacred to Optatus , Bishop of Meliuis , who in his 3. Booke m against Permenian , most diuinely saith : Super Imperatorē non est nisi Deus solus , qui s●…cit Impera●…orē : there is none at all aboue the Emperor , but God onely who made the Emperour . Sacred to S. Chrysostome , who speaking of Theodosius the great , in his 2. Homilie , ad Pop. Antioch saith of him : Parem non habet vllum super terram , summitas & caput omnium super terrā hominū : The Emperor hath not his Peere or equal vpon earth , he is the highest , and head of al men vpon earth . Sacred to Saint Ambrose , who in his Apologie of Dauid n saith ; that Kings are not subiect , nor obnoxious to any humaine Lawes , Tuti Imperij potestate , beeing freed by the highnesse of their Imperiall authority , but yet they are subiect to God , vnto whom King Dauid said : To thee only haue I sinned . Sacred to S. Austen , who often saith , o that it is God who giues earthly Kingdomes , whether to good or bad : and when kings command that which is good , Per illos non iubet nisi Christus , none commaunds by them , but onely Christ. Epist. 166. and yet had Kinges depended on any superior power , their commaunds should haue beene both Christs , and his also to whom they had beene subiect . Sacred to their owne Pope Gregory the first ; great I confesse for learning , but in acknowledgement of this truth , which is now at Rome so ridiculous , farre greater . In his 2. Book of Epist. ca. 100. He thus writes of Mauritius the Emperor . Potestas super omnes homines , dominorum meorum pietati caelitus data est . First , he cals the Emperor his Lord , then he faith , power and authority is giuen vnto him , but from whom ? Caelitus , euen from GOD , and from Heauen . I , but perhaps with a subordination or mediation of some other . No ( saith Pope Gregory ) it is giuen him aboue , and ouer all other persons whatsoeuer ; and therefore without any dependance of men , who are all inferiors to him , & so immediately depending and deriued from God , who alone ( as this Pope truely saith ) is aboue the Emperour . Omitting the succession of other ages , let me adioyn to these , two other most memorable examples , and of far later times : the one in the Roman , which is electiue ; the other , in our English , which is an hereditary Kingdome . About 300. yeares since , when some depressed the imperial authority , as depending on some other besides God. Lewes of Bauare then Emperor , not onely by his edict declared and proued , that the Empire was held à solo (p) Deo , et immeditate à Deo ; From God alone , & immediately from God , which out of their owne Canon (q) Law hee further proueth , as may be seene in the history of Nauclerus , vpon the yeare 1338. But further , Legem sanciuit , the Emperour made and published a law , & that most deliberately ; Omni ambiguitate per sacra●…um literarum Antistites maturè solerterque discussa : all doubts and ambiguities beeing leisurably and soundly discussed : some part of which imperial law being worthy not the reading onely or hearing , but ingrauing in golden letters vpon the wals of our houses , & posts of our doores , I haue thought requisite to recite vnto you . De consi●…io et consensu , By the counsell and consent of the Electors and other Princes we declare : Imperialem dignitatē et potestatem à solo D●…o pendere , That the Imperiall dignity & authority depends only of God. And whosoeuer shall presume to affirme , or consent to others , affirming ought against this decree , we depriue them , and hereby do decree them iure et facto , both in right , and indeed to be depriued of al their freeholds r or farmes , & of all their priuileges which they hold of the Empire , Et insuper eos crim●…n laesa Mai●…statis incurrisse : And further wee decree and declare , such to haue incurred the crime of high Treason , and to be subiect to all those punishments which are infflicted vpon traitors . These are the very words of that imperiall Law , as you may see them set downe , and much more to this purpose . In Hieron ▪ Balbus , one of their owne Popish Bishops , in his Booke De Coronatione , dedicated vnto Charles the fift , the Emperor . Pag. 39. and 40. of that Booke . The other Testimony is an Authenticall record also of no lesse moment , and somewhat of a later time . A statute made in the 16. yeare of King Richard 2. Cap. 5. of purpose to keepe sacred and inuiolable the Soueraignety and Regality of this Kingdome . It was therein declared , that the Crowne of England hath beene so free at all times ( not then onely , but which is specially to bee remembered at all times ) that it hath beene in subiection to no Realme , but Immediately subiect to GOD , and to none other , in all thinges touching the Regalty of the same . These are the words in that statute , besides diuers other tending hereunto , In defence of which statute they in the Parliament then assembled , promised to liue and die , as it is there noted . By al which it is euident , that this doctrine which now at Rome is counted most ridiculous , is in it self most sacred , as being grounded on the scriptures of God ; and as most sacred hath bin embraced by all the Christians in the primitiue Church ; taught and maintained with a generall consent by the ancient and godly fathers in their seuerall ages and successions : constantly defended by whole kingdoms and Empires , and that vnder paine of high Treason to the gainesayers thereof , euen in those later times also , when superstition had dimd , I cōfesse , but not quite extinguished and put out the truth , and ( which is far worse ) the loue of the truth , as it may iustly be feared , it hath done at this day in Rome , and in those of their sect , who to error and heresie haue added not onely obstinacy , but blasphemy , like new Lucians scoffing the sacred truth of God , accounting it a most a ridiculous matter . May I with your patience proceed a litle further in this argument , to consider ( which is in truth worthy your consideration ; seeing these men will not allow Kinges and Emperours to hold immediately from God , which being the most Honourable , is most fit to bee a Regall Tenure ) to whom else they would haue them bee beholden , and to doe homage and fealty for their Crownes and Kingdomes . And to whom else thinke you but to the vtter enemie of God , to that man of sinne , and sonne of perdition , who exalts himselfe indeed , as the Apostle s saith , and whom they also haue exalted aboue all : Exalting him first from a Christian Byshop , to an Antichristian Pope , and then from a Pope or Pastor , to a Temporall King & supreame Monarch of all , whose Soueraignty must be ouer al Kings and people , and his Dominion ouer all Lands , goods , and possessions in the whole world . Euen of this man of sinne , must all Kings hold their Crownes and Kingdomes , and that in the most base & seruile tenure that can be deuised , holding thē as Tenants at will , Ex Pontificis mero fauore & gratia , by the meere fauor & good wil of the Pope ; as the vaine Triumpher t affirmes of the Kingdome of France . These to be their resolued positions , you may cleerely perceiue by Franciscus Bozius , who professedly sets down , and vndertakes , by the helpe of God and Saint Peter , to proue thus much , u Supremam iurisdictionē temporalem esse penes Petri. successores ita vt idem sit Hierarcha , et Monarcha in omnibus , that the supreame temporall iurisdiction belongs to the Pope , so that hee is both an Hierarch , and a Monarch in all things : affirming u againe his Arguments , to shew that to the Pope belonges indeede the Supreame temporall Monarchy , for which he entitles his Booke , De Temporali Ecclesiae Monarchio : By Rodulphus Cupers , who y saith , that the Pope is deseruedly esteemed , and is indeed , Rex regum & Dominus Dominantium , the King of Kings , and Lord of Lordes ; and that z the direct Dominion of the Empire belongs to God , and consequently to the Pope , as being Gods Vicar , who permits ( as he saith ) the power of the sworde , Cui libeat , to whom hee listeth . By Aug. Steuchus , a who not onely challengeth Soueraignty b and Dominion in many Kingdomes , as in right belonging to the Pope , particularly c of Spaine , Arragon , Portugall , England , France , Italy , Denmarke , Hungaria , Croatia , Dalmatia , Russia , Bohemia , Su●…tia , Norwegia , and in a word , of ( d ) all the Westerne Kingdomes and Countries : but as if all this were too small a Patrimony for the Pope , he addes ; that this e ( as he cals it ) most ancient , and almost Omnipotent power , is extended ouer all Kinges and Kingdomes , and that the Pope rules f the whole worlde , and holdes the raignes of al kingdoms , g suffring other Kings and Emperors to raigne , Modo Dominam ac reginam agnoscant & fateantur , but with this condition , that they acknowledge and confesse an higher power or Soueraignty to bee in the Pope . By the Romish Th●…asonicall Triumpher ( h before mentioned , who bragges that all i Kingdomes in the world are beholden to the Pope , because all do , or ought to sweare to defend his Sea. And to omit others , you may see this most largely in Alexander Carerius , the late k controuler of Cardinall Bellarmine , in the second of those his Bookes , De Potestate Romani pontificis , intituled by him against impious Polliticians and Haeretickes of this time , but of purpose , and at large refuting , and that not without scorne their owne great Cardinall , his position and Reasons . Carerius there tels vs , that as l God , so the Pope may be called a Temporall Lord and Monarch of the world , that the m Pope , as Pope , is such a Prince , in whom is the top of Temporall Authority , and therefore that as Pope , hee may make ciuill lawes , and may chaunge and correct thy Imperiall lawes . Further , out of Saucius one of their Byshops , he c affirmes , that this is cum recta side tenendum , to be held as an Article of the right faith , Principa●…um Romani pontificis esse verum , & vnicum immediatum principatum totius orbis , nedum quoad spiritualia , sed quoad temporalia , that the kingdome of the Pope , is the true , and the onely immediate principality or kingdome of the whole world , & that not onely in Spirituall , but in Temporall causes . In regard whereof , he somewhat pleasantly cals the Pope d Orbis virū , the husband or good man of the world , which you may well thinke , is indeed a fit wife for his holinesse . As for Kings and Emperors they teach , that their Authority is but e Ministerial deriued from the Pope , and dependant f of him , as the light of the starres depends of the Sun , or as the body depends of the soule , which receiues being , vertue , and all operation from it : and out of Saucius he affirmes it to be , Adiussum ( g ) princip●…tus Papalis nobilē , reuocabilem , corrigilem , et punibilem , the Kingly and Imperiall authority to be at the Popes pleasure and command , moueable , reuocable , corrigible , & punishable : they further to this purpose teach , that Kings & Emperors are but the Popes ( h ) Ministers , the Popes i Commissioners , or Deputies ; yea , the Popes men k or vassals , swearing fealty to him , as the Pope l himselfe hath defined , receiuing m Crownes , and holding their kingdomes from him , and by his donation and being , to vse their Temporall sword and Authority , Ad nutum Pontificis , at the Popes pleasure and sufferance , as not onely Bozius , l but Pope m Boniface the eight , before him affirmeth . In a word , that other powers and Authorities n à prima summi pontificis regiâ potestate pendent , doe depend of that first Kingly Authoritie of the Popes . But tell vs I pray you : Is the Pope Lord onely ouer the persons , or is he not Lord also of the goodes and posessions in the whole world ? Yes , the Pope he is Lord of al. As the Dominion of the whole world was in Christ , Ita & in Papa idem esse fatendnm est , so must it be confessed , that the same Dominion is in the Pope ( saith Carerius . ) o And againe , seeing p the earth is the Lords , & all that is therein , Et per consequens Papae sui vica●…ij , by consequent also this belongs vnto the Popes , who is Gods Vicar ; and so the earth is the Popes , and all that is therein . The same teacheth Bozius , q seeing in Christ , according to his humain nature , by the Doctrine of Saint Thomas , there was an absolute power of all things , Erit itaque Pontifex omnium regionum iure & potestate Dominus , seu mauis dicere totius orbis , therefore the Pope shall be the Lord both in right and in power of all Countries , or if ye will rather say so , of the whole world . Whereupon it followeth , that neither Constantine , r nor any other did , neither can any man possible giue ought vnto the Pope , for all is his owne already , but they may restore vnto him , what they vniustly do withhold , and so did Constantine s the great . From this Soueraignty of Dominion , and as the Triumpher truly cals t it , vnlimited power , for so it is indeed , by his description thereof , as extending it selfe aboue the heauens , and as low againe as is hell : from hence , I say , proceedes that absolute and vncontroulable Authoritie , which he claimeth , to giue , to take away , not onely smaller quillets , but as the Pope u himself expressely affirmes , Empyres and Kingdomes , Et quicquid habere mortales possūt , and whatsoeuer mortall men can possesse or haue ; yea , take kingdomes away from some , Quamuis nihil omnino demereantur , as saith Carerius , x though they commit no fault at all , and giue them to those who haue no right vnto them . So did Pope Gregory the tenth , with the Empire of the East , Abstulit y Baluino vero domino , & dedit Michaeli , qui nihil iuris habebat ; he took it from Balwin the second , who was the true owner thereof , and gaue it to Michael Pal●…ologus , who had no right at all vnto it . But tell vs further by what right and Title hath the Pope so large and faire a Patrimony , as is the Monarchy and Soueraignty ouer the whole world , and in all both ciuill & Ecclesiastical causes ? He hath it ( say they ) a euen Iure diuino , by the very Law of God. I , but perhaps this is but your priuate opinion onely , no sentenced & decreed Doctrine among you . Yes ( saith Carerius b ) it is the cōmon iudgment of our Deuines , yea , of our greatest deuines , wherof he there expresly nameth 26. It is further the cōmon iudgement of the Canonists , c some of them boldly avouching d the contrary opinion to bee Haereticall . More then so , it is e ( saith Bartolus ) the sentence or iudgement of their holy Mother the Church . And lastly , which is all in all , it is approued by the Decrees and determinations of the Popes f themselues , by name , of Innocentius g the third , cap. h per venerabilem , and cap. i Solitae , de Maioritate & obediētia : to whom may be added Innocentius the fourth , who k thus defines the Popedome , Papatus est principatus tam in temporalibus quam in spiritualibus . The Popedome ( saith he ) is a Prince-hood or Soueraignty , as well in temporall , as in spirituall matters . Boniface the eight , who l in token of his right to both the swords , at the solemnity of the Iubile , by him first instituted , Solenniter ostentauit , with great pomp and ostentation , shewed himselfe the first day in his Pontificalibus , like a Pope , and the next day in his Imperiall Robes like a temporall Monarch , and causing a naked sword to be carried before him , proclaimed vnto al , Ecce duo gladij hic : behold the two swords are heere : who further made m a Decree or constitution wherein he affirmed , that the Pope is Dominus in spiritualibus & temporalibus in vniuerso mundo , the Lord both in spirituall and temporall causes , and that in the whole world , iudging it Haereticall , as saith Martinus , to speake ; nay , Sentire contrariū , to thinke the contrary , & that he might subiect all others to this Soucraignty , definitiuely determining n it as a needfull thing to saluation for euery humaine creature to bee subiect to the Pope : Iohn the 22. who expressely also affirmeth o that to the Pope , Terreni simul & caelestis Imperij iura Deus ipse commisit , God himselfe hath giuen the right both of the earthly & of the heauenly kingdome , that is , both the Temporal and Ecclesiasticall Monarchy . And to omit other particulars , lastly , may bee added the generall consent of all later Popes , who p yearely on the night of Christs Natiuity , bestowes an hallowed sword of some great Prince , whom it pleaseth him , the Mystery of which gift , as the Pope himselfe explaines it , is to betoken thereby , Potestatem summam temporalem à Christi pontifici collatum , that the supreame Temporall power is giuen to the Pope by Christ , according to those scriptures ( which most blasphemously the Popes apply to themselues ) all power is giuen to mee in heauen , and in earth . And againe , hee shall rule from the one Sea to the other , and from the floude vnto the worlds end . Thus teach Carerius , Bozius ; together with their Popes and Popish Confederates , whose very wordes , in so important a cause , I haue now more at large , and expressely alledged . You do now euidently perceiue , that these men who thought it a most ridiculous matter , for Kinges to holde their Crownes immediately from God , do teach and define it to bee a matter of Religion , of Piety , of Conscience ; yea , of saluation , to holde the same immediately from the Beast , that is in truth , from the verie Deuill ; for of the Beast , ( the Apostle saith ) Apocalipse 13 , 1. that the Draggon , which is the Diuell , gaue the Beast his power , and his Throne , and his great Authoritie . These are the fruites of Popish Religion , and this the verie HELENA for which they so earnestly fight and contend . Of which Positions , ( though I might iustly say as did Saint HIEROME q in another cause , Sententias vestras prodidisse , superesse ▪ est , patet prima fionte blasphemia . To haue recited your assertions , is enough to refute them , they are stamped with Blasphemy in the verie fore-heade ; yet as you haue willingly heard the iust defence of Regall Soueraignty , so suffer me to speake somewhat also at this time against him , who shewes himselfe in his colours , to be Hostem humani generis , the enemie not of one or two Kingdomes , or some people and sort of men , but the enemy of all mankind : who most violently intrudes himselfe into the rightes and regalities of all Kings , Christian and Heathen , and like a wild Boare inuades the lands , goods , and possessions of all men in the world ; yea , most sacrilegiously challengeth vnto himselfe that which is the peculiar prerogatiue ( and as I may say ▪ ) one of the Royalties of God , Domini est terra , The Earth is the Lords , and all that is therein . Psal. 24 , 1. I shall not neede to prooue that this priestly Monarchy was not known in the time of the old Testament : of which not onely Aquina : r and Stapleton , s but Carerius himselfe expresly confesseth , l that the King had then power ouer the Priestes , and might for their offences , not onely haue depriued them of their spirituall offices , but haue kild thē also : that in the time of the old Testament m the Kingdom was the Substantiue or superior , & the Priesthood was thē but an Adiectiue , as depending in good congruity vpon the other , though the Pope since hath altered that most congraeous Grāmer rule , that seeing in the Old Testament the promises were onely temporall , but in the New are eternall , Mirum n minime videri debet , si in veteri testamento sū ma potestas fuerit Temporalis : It must not seeme strange as he saith , that the temporall power in the time of the Olde Testament , was the Supreame . So then , though they pretend o for this Soueraignty the Law of Nature , yet by this expresse confession , and cleare wordes of Aquinas and Carerius , it is euident , that this priestly Monarchy was not heard of , for the first p foure thousand yeares almost of the world . In the New Testament what in duty ought first to bee performed by the Apostles and their successours , let the holy Apostle , or the Spirite of God by his mouth speake ▪ and determine . Let euery soule ( saith q he ) be subiect to the higher powers : which himself in that place expounds to bee those seculare Kinges and Princes , who beare r the Sword , and to whom tribute is due . Now this precept was directed and giuen to the whole s Church of Rome , euen at that time also when Saint Peter by their Doctrine t was Bishop of Rome : and therefore the spirit of GOD commaunding euery Soule ( particularly in that Church ) to bee subiect to the secular powers and Princes , without all doubt inioynes obedience and subiection , euen to S. Peter himselfe , and to all his successours ; yea , much rather vnto them , who were to be Ensamples u to the rest , both in word and in conuersation . A truth so cleare , that Claudius Espenseus , x one of their owne and a learned Bishoppe , not onely confesseth thus much , but confirmes it further out of Theodoret , Theophilact , Oecumenius , and others ; specially out of Saint Chrysostome , who expresly y mentions the Apostles themselues , to be included in that precept . Etiam si Apostolus sis , though you bee an Apostle , though an Euangelist , though a Prophet , ( and which I thinke will reach to the Pope ) Etiam si quiuis alius fueris , or what else soeuer you bee , euery Soule must be subiect to those higher and secular powers . Or if any notwithstanding this euidence of truth and such a Cloud of witnesses , wil yet exempt either the Pope , or any other from this duty , it may most iustly be replyed vnto him , with the wordes of Saint Barnard , in his 42. Epist . Si omnis anima , et vestra : If euery Soule bee subiect , then must yours , Who hath exempted you from this vniuersality ? Si quis tentat excipere , conatur decipere . If any goe about to exempt you , he goeth about to deceiue & tempt you . And again , do ye despice seculare powers ? Seculiarior nemo Pilato , none was more secular then Pilot , before whō Christ himselfe stood to be Iudged , and of whom he confessed : Potestatem super sefuisse caelitus ordinatam : That Pilate had power ouer him , and that giuen from God. What in duty then ought to bee done for the whole time of the New Testament , by this example of Christ , and precept of Gods Spirit , is most euident . And as subiection is commaunded by God , so was it practised and performed by the Apostles , by the primitiue Bishops ; yea , euen by the Popes themselues , for many hundreths of years together . For the first three hundreth yeares after Christ , while Kings and Emperours were Paganes and Persequutors of the Church , it is confessed both by Bellarmine z and Carerius , a that for all that time , the Apostles and Bishops of Rome were subiect tō Emperours , as all other Christians were : and this subiection was b both De iure , & de facto , both indeede performed , and in right to be performed . What ? And shall wee thinke ( which they without all shame would perswade ) that their conuersion to the faith , was the ouerthrow and aeuersion of their temporall dominions ? And that the gaine of Christ , was the losse of all their Crownes and Kingdomes ? Nor onely so , but that of Soueraignes they became subiects euen , to those , who before while they were Paganes , were de iure & facto , subiect vnto them ? I will not say what an effectuall dissuasion this might haue beene vnto them , and others also , neuer to haue embraced the Fayth : What a motiue it may yet bee to turne Heathen and Paganes againe . I will not enforce that true Maxime , approoued both ( d by Bellarmine and Carerius : Lex Christiana neminem suo iure et dominio priuat : Christianity depriues no man of his right , nor of his dominion : as is confessed in that Hymne of Se●…lius , Non cripit mortalia , qui regna dat caelestia : O wicked King Herod , why art thou affraid of Christ ! He giues an heauenly Kingdome , he takes not away an earthly , he e perfects vs in that want , he depriues vs not of that we had . Consider of many but some few examples , & those euen of the Popes themselues , who haue testified and recorded their subiection to Christian Emperors . With what lowlinesse and humility did Pope Leo the first , foure f hundreth and odde yeares after Christ , sue g vnto the Emperor Theodosius the younger , that he would call a generall counsell in Italy , and yet preuailed not . How submissiuely did hee againe entreate the like of Marcianus the Emperour ? I beseech our Lord Iesus : Qui regni vestri est author & rector : Who is the Author and Ruler of your kingdome , that ye would not suffer the ancient Faith : Quasi dubiam retractari : To be called into doubt and question againe , Illudque potius iubeatis , and that ye would rather commaund the decrees of the Nicene Counsell to be kept . How religiouslie doth he professe his subiection and obedience to the same Emperour ? I haue willingly ( saith the Pope ) i added my consent or sentence : Quia omnibus modis obediendum est pietati vestrae religiosissimaeque voluntati : Because by all means we must obey your sacred and religious will. Pope Gregory the great is euen admirable in this point . Who am I that speake to my Lord , but Dust and Ashes ? said he k to the Emperor Mauritius . It l well beseemes a religious Prince Vt ista sacerdotibus praeciperet , to commaund Bishops in such matters : And that particular was an Ecclesiasticall cause also , betwixt Pope Gregory himselfe , and Iohn Bishop of Constantinople , in which the Pope confesseth , that it well beseemed a Christian Prince to command , not onely other Bishops , but euen the Bishop of Rome himselfe . And as it was fit for the Emperour to commaund , so the same Pope iudged it his duty , and fit for him to obey . Vobis m obedientiam praebere desidero , I am desirous to yeald obedience vnto you , I am n subiect to your commaund . Ego o dominorum iussionibus obedientiam praebens : I am obedient to the commaunds of my Lord , and of the Emperour . How often and vsually doth he giue the Emperour those Titles which are witnesses of his loyalty and subiection vnto him , My Lord , my gratious Lord , my sacred Lord , and the like ? And such were Popes sixe hundereth yeares after Christ , at which time p this Pope Gregory liued . To these I wil adioyne but one more , Leo the fourth , who liued q aboue eight hundreth yeares after Christ. Whose loyall subiection to two Emperors , Lotharius and Lewes his Son , their own Canon Law hath for euer recorded . First , to the Father r Lotharius , this Pope most solemnly promised , that as much as in him lay , he would for euer & euery way be obedient to his , and his predecessors Imperiall praecepts . Afterwards , when complaint was made to Lewes the sonne , of some disorders in the Popes gouernment , this Leo the fourth writ vnto s him in this manner . If we haue done ought amisse towardes those that are vnder vs : Vestro admissorum nostrorum cuncta volumus emendare iudicio , Wee will amend all our faults , not by your aduice or admonitiō , but Vestro iudicio , by your Iudgement : beseeching the clemency of your highnes , to send such as may narrowly sift all thinges , and that not onely these , but all matters , Siue minora , siue etiam maiora , both greater and smaller , that all may be iudged and ended t by them . Thus were Popes in all matters , greater and smaller , yea euen in Ecclesiastical causes , as by these you doe perceiue , how much more in ciuill , subiect to the Emperors , as to their Lords , to their Iudges , to their Soueraignes , almost for nine u hundreth yeares after Christ. As yet was not knowne , this new found Monarchy and Soueraignety ouer all Kings and Kingdomes ; as yet had neuer bin seen his authority in deposing Kings , and disposing their Kingdomes and Empires . Nor long after this , vntill about two hundereth yeares after Leo the fourth , Pope Hildebrand , the very fire-brand of Christendome ( though they haue Sainted him in their Calendare ) first of all tooke vppon him to put in practise that transcendent , and most extrauagant authority , deposing the Emperour x Henry the 4. and giuing his Empire to Duke Rodulph : Of which act of his , Otho Frisingensis , a worthy Historian near to those times , thus writeth . y Lego et relego : I read , and read ouer againe the acts of the Romain Kings and Emperours , and I no where finde any of them to haue been excommunicated or depriued of his kingdome by the Pope , before this Henry . This was the first a time , and that was more then a thousand yeares after Christ , when the Popes Buls began to push at Kings and Kingdomes . But with such vnhappy successe both to the giuer and receiuer , as might iustly haue affrayed all others , eyther to giue or take the like againe . Hildebrand the vniust Doner of the Empire , by a general b consent , being put from the Popedome , died in c banishment at Sal●… in Normandie : and at his death ( as Sigebert relateth ) confessed to God and the whole Church , that hee had grieuously offended in his pastorall Office , Et suadente diabolo , contra human●…m genus , odium et iram con●… ▪ asset : and that by the perswasion of the deuill , he had stirred vp strife and hatred against mankind : and withall sent his confessor to the Church & to the Emperor , vt optaret ei iudulge●…iā , to aske forgiuenesse in his behalfe . This was the end of the Pope Hildebrand : In quē clamat sanguis Ecclesiae , against whom ( saith Cardinal Benno ) the bloud of the church crieth vnto God for vengeance . Rodulph the vniust receiuer of the Empire , some three yeares after ▪ he had got the same , in a battel against the deposed Emperor , had his right hand cut off , & at his death gaue a memorable warning , reported in Abbas e Vespergensis , to all violators of theyr oaths and alleigiance , and to all vsurpers of Kingdomes , vpon any such Title , for being in Extremts at the point of death , looking vpon the stump of his maimed arme , and fetching a deepe sigh , This ( quoth he ) is the hand wherewith I sware alleigiance to my Lord the Emperor Henry , and behold I now leaue both his kingdome , and with it my owne life . Thus you see how Sathan , who as the Apostle foretold , Apoc. 20. 2. was chained & bound for a thousand yeares , as soone as he got loose , at the end f of those years , began shortly after in Pope Hildebrand to bestirre himselfe , and prepare a way : for this papall Monarchy . And indeede he onely made way vnto it , laying as it were the foundation thereof , though I confesse he layed that low enough , euen as low as is the pit of Hell. But for the stately building of his Monarchy , it was not erected diuers hundereths of yeares after Hildebrand . In the daies ▪ of Pope Eugenu●…s the thirde , almost an g hundreth years after Hildebrand , when some were exceeding busie in this building , Saint Barnard with great courage and constancy opposed himselfe vnto them , and oppugned this papall Monarchy . Disce sarculo tibi opus esse non sceptro , said he to h Pope Eugenius . A Shepheards staffe is fit for you , not a Kinges Scepter ▪ S. Peter could not giue you Dominion or Soueraignety , hee had it not , Quod habuit hoc dedit , That which he had he gaue you , sollicitude and care ouer the Church , not Dominion . Nay , this is the very forme and order of the Apostle , Dominatio interdicitur , indicitur ministratio , Domination and Soueraignety is forbidden , ministration and seruice is inioyned . And again , Dispensation is committed vnto you , not the possession of the world : Si pergis vsurpare & hanc , contradicit tibi , qui dicit ▪ Meus est orbis . If you go forward to vsurp or claime this dominion of the world , God himselfe wil controule you , The earth is mine , and al that is therein . Thus and much more to this ende , writ Saint Barnard in those daies , aboue eleauen hundreth yeares after Christ. In the dayes of Lewes the 4. Duke of Bauare the Emperour , who liued almost three k hundred yeares after Hildebrand , it was adiudged high Treason by the Imperiall Lawes , as before I declared , and little lesse in this our Kingdome , in the daies of King Richard the second , either to affirme , or to assent to others , affirming either of these imperiall kingdomes to bee helde of l the Pope , which were then declared to be immediately held of God , and of none other , which part of those imperiall Lawes beeing in truth most sacred and diuine , when , by whom , & by what i●…st authority it was euer repealed or adnulled , wil be very hard , I suppose , to declare : and this was about foureteene m hundreth years after Christ. Let me now discend but one step lower , euen to our owne times , and to these daies , wherein though the workmen and maister builders of Babylon , incessantly labour night and day to raze this Papall Monarchy like the Tower n of Babylon , that the top thereof may reach vnto Heauen , yet to this day is it not erected : God by his vnsearchable wisedome and goodnesse , so infatuates and confounds the builders thereof , as he did o of old ▪ that what some of them by their craft and great cunning erect and set vppe , others of their owne sect , with might and maine doe pull downe the same : diuers p of their chiefe men , among whom is Cardinall Bellarmine , with many euident demonstrations confirming , that q the Pope is neither the Lord of the whole world , neither so much as Lord of the Christian world ; yea further , s directe or iure diuino non habere vllam temporalem iurisdictionē , that directly , or by the Law of God , the Pope hath no temporall iurisdiction of any place in the world . So that notwithstanding the common iudgment of their greatest Diuines : the cōsent of their Canonists ; the sentence of their holy Mother the Church ; the decrees and determinations of the Popes , in which Bozius and Carerius triumphe , as if the field were won : notwithstanding , all this I say , euen to this day as you see , that is , more then sixteen hundreth yeares after Christ , this Papall Monarchy is not erected . Did I say , it is not erected ? I say more , This Tower of Babylon neither can , nor euer shal be erected . Not so much because by gods ▪ iust iudgment , the tongues and trowels of those builders are most strangely confounded , but because they build it in pride to t get thēselus a name , & that they may say as did old Babylon in the Prophet , u I sit as a Queen , I shall be a Lady for euer , I am & none else ; now this is Gods honour and decree , Isa. 23. 9. to stain the pride of all glory , and bring to contempt al them that be glorious in the earth : And chiefely because they built it , as we haue now declared , against the will and the eternall word of God , whose trueth shall stand firme for euer : nay , which is worst of all , they builde it euen in contempt and despight of the Lord , who hath said , Apoc . 18. 2. Babylon shall fall , yea , for x certainety thereof , Babylon is fallen : & therefore howsoeuer for ruinating thereof , the means in mans eye be most weak and vnlikely ; howsoeuer again for vpholding and erecting thereof , all craftes , deuises , and meanes be vsed , which in mans iudgement are most strong and vnconquerable , yet shall Babylon fall , because true is the God who hath saide it , and y strong is the Lord of hosts who will effect it : and there is no wisedom , nor vnderstanding , nor counsel against the Lord. Pro. 21. 30. My conclusion of this whole point , is that , which if the time had permitted , I purposed more at large to haue handeled . Though these men striue , and like a Cadmean or ▪ Midianitish z generation , fight among themselues , and sheath their swordes in theyr owne fellowes bowels , quarrelling about the nicetie of that our poore distinction , Directe and Indirecte , whereof , whether soeuer be said , to vs , and for the truth it skilleth not : yet seeing they all a ioyntly professe , & resolutely defend such a soueraignty in the Pope , as that his Iudgement , and his commaund , must be the last and most certaine rule , both of faith , and of al obedience : As there can bee no true : faith in them ▪ seeing they relye on so fallible and sandy a foundation , as is the Iudgement of man ; yea , of one man , and him euen the man of Sinne : So cannot that possibly bee true loyalty , nor sincere obedience , which euer attending to an-higher command ▪ includes in it , as in a Troian . Horse ▪ that condition of ( b Rebus sie stantibus ; durante beneplacito , or the like , which must euer stand or fall at the Popes becke and pleasure ; and out of which if ( c strength ▪ and opportunity might serue ( as I pray and hope in God that it shall neuer ) or if Rebus sic stantibus , were once changed into Rebus cadentibus ; those Romishi Sinons , can easily and with a ready ginne , let out whole Armies and troops of armed mē , sodenly to surprise both church & kingdom . True Loyalty ( which I doubt not but you do performe , and to the constant and continuall performance whereof , I earnestly exhort you all this day ) is to looke at our Soueraigne , as at one placed immediately by God , placed in Gods owne Throne , placed in the steede of God himselfe among vs : And then to loue , honour , and obey him , not for other respects , but for that Loue , Religious dutie and conscience , which wee owe vnto God , who placed him in his own throne , and in his own stead to gouerne vs. To honour and obey him for fear , is seruility and basenesse ; to obey for gaine or profit , is selfe-loue ; to obey with that implyed condition , is Implicite , Rebellion , and Antichristian ; to loue and honour him ( as wee all ought ) for his owne Piety , Vertue , and goodnesse , is Christian Charity ; but to loue and obey him for Gods owne cause , who set him in his owne Throne , to rule in his own steed , is true and Christian Loyalty , true and most loyall Subiection . And this be spoken of the first particular braunch proposed ; Namely , from whom the King had or held his kingdome , euen immediately from God , who made him King , who set him in his Throne , and in his steed ouer the people . The other particular ; Namely , what moued or induced God to place Salomon ouer his people , which was no desert of theirs , either King or people , but his owne fauour and free loue vnto them , I purposely omit , and in that short remainder of the allowed time , intend to speake a little of the last point , and then commend you all to the grace of God. She gaue the King six score Talents of Gold , and of sweet Odours exceeding much , and precious stones ] These great , magnificent , and princely gifts bestowed by this Queene on King Salomon , as the like also from other Princes sent vnto him . 1. Kin. 10 , 25. was not for any want or necessity at all , for Siluer was nothing esteemed in Salomons dayes . 1. King. 10. 21. he gaue Siluer as stones , verse 27. and exceeded al the Kings of the earth in riches , ver . 23. But they were outward & euident testimonies of that reuerence & loue , & of that louing & honorable respect , which both she and they had to King Salomon . The like customes of giuing presents , hath bin vsuall from subiects also , thereby to testifie , not only their loue , as did strangers , but their loyalty also to their Soueraignes . Suetonius d reportes , that the Romans by their Strenae or annuall presents , testified their loue to Augustus , whom they honoured as Patrem patriae . Of King Iehosaphat it is said . 2. Chron. 17 , 5. that in token of their loue and loyall affections , All Iudah brought presents to Iehosophat . On the contrary , it is said of those wicked men , sonnes of Belial , and vndutifull Subiects of King Saule , the wicked men despised him , and brought him no presents 1. Sam. 10. 27. It is not my purpose to speak of this particular vnto you , though I might truely compare the willingnes and readinesse of the subiectes of our SALOMON , to those of Constantius Clorus , father vnto Constantine the Great . Of whom Eusebius saith , e that they did striue , and vehemently contend among themselues to fill the Emperours Treasury , reioycing greatly , that now they had that long wished for opportunity , to witnesse their beneuolous harts and minds vnto the Emperour . Whereupon he truely and excellently saide , That the loue of the people is the richest and safest Treasury of the Prince . But for the generality , which is the outward testifying of loue and loyalty , In ▪ ust needs say thus much , that it is the honour of our Religion , and the honour of so religious a people , and no doubt , it is also the ioy and comfort of our Soueraigne , to haue ●…eeretofore so often seene , and daily , especially on this day , to ●…ehold euery where so many , so manifest & publick , so solemn & ●…o religious testifications , both of the loue and loyalty of his people vnto him . At his happy Inauguration , whereof this day is but a resemblāce and a rememberance vnto vs , how did not onely all the people throughout the land , of all sorts , sexe●… , & degrees , reioyce in that blessing of the Lord , but ( as this day also ) euen our Temples , our houses , our streets , did witnesse and proclaime that publicke ioy : No otherwise then did the people of Israel , at the Inauguration of their Salomon , 1. Kings . 1 , 39 ▪ 40. All the people ran after him , ●…iping with Pipes , blowing Trumpets , & reioycing with so great ●… ioy , that the earth rang with the sound thereof ; and crying with all their might , God saue King Salomon . The people to testifie their loue , vsed to celebrate some festiual dayes in honour of their Emperor . Sometimes Natalem ortus , the day of the Emperors birth , as the Romans in Suetonius f of their own ●…ccord , obserued two dayes euery yeare for the byrth of Augustus : Sometimes Natalem Imperij , the day of their Inauguration , when they first came to the Empire , as did the people in Aelius g Spartiatus , in honor of Adrian . their Emperor . Somtimes Natalem salutis , ●…he day of the Emperours preseruation or deliuerance from some great & imminent danger . So did the Romans , when they heard of the safety and recouery of Germanicus , whom they expected to succeede Tiberius ; they were so admirably ( h ) affected with ioy thereat , that euen in the night time they ra●… with Lampes & Sacrifices to the Capitoll , Ac pene reuu●…sae templi fores , and for hast they had almost burst assunder ▪ the gates of the Temple , euerie where with shouts and ioyfull exclamations , singing and crying , Salua Roma , salua patria , saluus est Germanicus , the City , the country , and all is safe in the safety of Germanicus . I may truely say , that as wee haue far greater cause , so haue we and the whole people of this land expressed farre greater ioy , both for the most happy birth , the most happy Inauguration , and those two most strange and most happy deliuerances of our most gracious Soueraigne . Those festiuall dayes obserued as a statute ▪ in Israell , and euen this day , shall witnes to the whole world , and to all succeeding Ages , that as no people is more blessed of the Lord , so is none more thankfull vnto God , none more louing or loyall vnto their Soueraigne ; In whose happinesse and safety , we most iustly may sing on this , and all our festiuall daies , Salua Britanni●… , the Empire of great Brittaine is safe and happy , nay the Church of God is safe and happy , we and all the people of these kingdoms are safe and happy , in the safety & happinesse of KING IAMES . For whose continuall safety and felicity , wee will pray as did good Nehemiah , i God saue the King for euer . I haue now according to my slender ability , handled those foure ●…euerall points , which in the beginning I proposed . The successe of al which , I earnestly commend to the grace of God , not doubting but that he , whose word k like the Bow and Arrowes of Ionathan , neuer returnes empty , will graunt some 〈◊〉 of his blessings vpon them . Howsoeuer , this shall be my comfort , that God hath first , though very vnexpectedly called , and thus far as you see hath now inabled me , on this so ioyfull & solemne a day , in this so frequent and honourable an assembly , to performe some seruice vnto God , in testifying vnto you that truth wherein yee now constantly stand : In offering this day at his Temple , not any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but the sweet smelling sacrifice of many hundreth , ye●… many thousand religious and thankfull harts vnto God , in testifying my loue and duty to Sion , and to the peace of 〈◊〉 : and lastly , in expressing , as ye haue al done with me this day , an humble and most loiall affection to our most gracious Soueraigne , the annointed of the Lord. And now for conclusion of all , let vs once againe and continually pray , in those few , but most feruent and affectionate wordes of Nehemiah : God saue the King for euer , and let all the people say , Amen . Laus Deo , vni , trino , in s●…cula . Notes, typically marginal, from the original text Notes for div A19548-e50 a Innumerabiles Ecclesiasticas curas . Aug. lib. de oper . Monac . ca. 29. b Non de auro non de argento , non de fundis & 〈◊〉 , pro quibus quotidie sub●… isto capite salu●…amur . vt dissen●…iones hominum terminemus . Aug Epist. 147. c Aug l. de oper Monac . cap. 29. d Vel i●…dicando dirimendis , vel interueniendo praecidendis . ibid. e Ephes. 4 , 15. f Eccles. 12 , 11 g Hier. Apol 2. aduers. Ru●…in . h Aug lib , 15. de Trinit . cap. vlt. Notes for div A19548-e430 〈◊〉 2 Chron. 9. 22. b 1. Kings . 4. 34. c 2. Chron. 9 , 23. d Hier. ●…om . 〈◊〉 . Epis●… . ad Furiā . e Prou. 18 ▪ 4. f Filij sapientiae i. sapientes . Mat. 11. 19 , Filij hominum , i. homines . Mar. 3 , 28. sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Achinos vocat Homerus . g Psal. 78. 72. h August . lib. 2. cont . Epist. Parmē . cap. 12 i Ae●…i . Spart . in vit . Anton. Caracal . in fine . k Pars in his answere to the Apol. l West , de trip . homin . ●…ffic . lib. 3. pag. 435. m 1. Chron. 22. 9. n Mich. 4. 4. o Euse●… . lib. 2. de vit . Const. cap. 25. & seq . & cap. 44. p Stat. Iam. an . 1. cap. 4. & an . 3. cap. 4 , 5. q Vid. Regist. Ioh. Lōgland . Epis . Lincol. apud Fox . fo . 822. & seq . r Vid. Reginal . Gonsal . lib. de Sanct. Inquis . Hispa . crtibus & Emaen . Metar . hist. Belg. lib. 234. s Sueton. in vit . Calig . cap. 30. t Ap. 13 , 16 17 u Trid. sinod s●…ss . 25. de resor . cap. 2 x Non alij in numero fidelium habentur , nisi qui per verbum Apostolorum . 1. ecclesiae , magistrorum qui ipsis successerunt , crediderint . Stapi l. 8. doctrin . prin●… cap. 10. pa. 287. y Scripturae traditio , & omnia plane dogmata , a testimo●…io ecclesiae pendent . Bellar lib. de Eccles. milit . cap. 10. §. Adh●…c . & Ecclesiam interpretantur Papam . Non abnno . Gretz . Defens . Bellar. lib. 3. cap. 10. pa. 1451. et Mentitur Caluinista . Per ecclesiam enim ( quando dicimus Ecclesiam esse omniū controuersiarum fidei . iudicem ) intelligimus Pontisicem Romam●…m , qui pr●… tempore prasens ecclesiam gubernat . ibid. pa ▪ 1450. z Papa cum totam ecclesiam docet in his quae ad fidem pertinent nulio casu ●…rrare potest . Dellar . lib. 4. de pontif . Rom. cap. 3. a Bell. lib. 3. de P●…nt . Ro. ca. 13 b Io●…annes in A●…ocalipsi pass●…m Romā●…cat Bab●…io 〈◊〉 . Bell. l●…b . 2. de p●…ntif . Rom. cap. 2. §. praeterea et Iohannes Apoc. 17. dicit decem 〈◊〉 habitu ro●… pu●…puratam 〈◊〉 , id est , 〈◊〉 Bellar . lib. 3. de 〈◊〉 Rom. 〈◊〉 . 1. § Secun 〈◊〉 . Ego non 〈◊〉 argument . 〈◊〉 , vt 〈◊〉 , c●…nseci 〈◊〉 noms ne Romā iudic●…ri in Epist. Petri , & in 〈◊〉 . R●…bera 〈◊〉 com ment . in cap. 14. Apoc. pa. 374. c Apoc. 17. 5. d Apoc. 18 ▪ 3. e Apoc. 17 , 6. f Apoc. cap. 14 , 8. et ●…ap . ●…8 , 2. g Dici potest et melius , per meretri●…em intell●…gi Romā , sed Romam Eth●…icam , 〈◊〉 . Idola colentem , & C●…ristianos persequentem , non autem Roma●… Christianam . Bella●… ▪ li●… . 3. de pont . Rom. ca. ●…3 , § Secundo , and by Babylon is signified , partly th●… whole societ●… of the wicked , partly the Citty of Rome , onely in respect of the Terrene and Hea●… S●…ate of ●…hem that persecuted the Church . Rhe. Test. annot . in cap. 17. Apoc. 5. h 〈◊〉 quae casara praedicitur mat●…r fornicationum ▪ Rome quidem est , Riber ●…bid pa. 377. i Babylon est illa Roma , superstitionum et imp●…etatū author et conseruatrix , idolatriae princeps , scelerum omnium sentina C●…ristiani nominis hostis teterrima , sanctorū persequutrix atque interfectrix , qualis sub ethnicis Imperatoribus olim fa●…t , & qualis in fine saeculis futurae est . Riber . ibid. pa. 378. k Rib. ibid. pa. 382. l Rib. ib. p. 381 * Extremis illis temporibus cōmissura est . m Apoc. 18. 2. n Rib. pag. 381. o Apoc. 18. 19 p Rib. ibid. vt supra . q Rib. pa. 383. r In nefariorū scelerum sentinam conuertetur . Rib. p. 182. s Bel. lib. 4. de pont . Rom. ca. 4. t 〈◊〉 §. Quod. u Idem probari potest ex eo , quod Deus ipse iussit Romae figi Apostolicam Petrisedem : quae autē iubet Deus , mittari ab hominibus non possunt . Bellar. ibid. §. secundo . x Neque obstat quod tempore Antichristi Ro ma desolanda & cremanda videatur , vt d●…ducitur ex cap. 17. Apoc. nam hoc non fiet nisi iu ●…ine 〈◊〉 . Bel. ibid. §. accedit . y Antichristus non apparebit , neque regnare incipiet nisi tribus annis cum dimidio ante finem mundi . Bel lib. 3. de Pont. Rom. ca. 9 §. Denique ▪ & Antichristus odio habebit Romā & cum ea pugnabit , eam●… de solabit & incēdet . ibid. cap. 13 § Tertio . z Apoc. 18 , 14 a Apoc. 17 , 16 ▪ b ●…reui occupa●… ( Lutheri 〈◊〉 ) non solū multa reg na in partibus septent●…ionalibus , sed etiam vs●… ad Indos excurrere ausa est B●…l l●…b . 3 de Pont Rom. cap. 23. § simili●…udo . & Nostris semporibu●… Romana sedes magnam Germaniae partem amis●…t , Suetiā , Gothiam , Norwegiam , Dania vntuersam bonā Angliae , Galliae , Hei●…etiae , Poloniae , Bohemiae , ac 〈◊〉 partem . Bel lib. od . cap. 21. §. At postea . c Apoc 6 , 10. e In hoc tota est controuersia quod putent nul lamibi esse ecclesiam vbi haec politia non est c●…nstituta , aut non eo quo decet modo exercetur : nec illic homini Christians licere caenam recipere , eoque praetextu sese ab eccle●…ijs segregant in quibus verbum Dei pure annunciatur , volentes & inquiunt eius pollutionis participes esse , qua commaculantur ij , qui flagitiosos & sceleratos non relegant . Cal●…in . Institut . aduers. Anabap. Artic. 2. pa. 576. & duae fuerunt haereticorum sectae , alteri Cathaeci , id est Puri , alteri Donatistae , vtrique in eodē errore fuerunt , quo isti somniatores , Eccl●…siam quaerentes in qua nihil possit desiderari . ibid. p. 581. Forsomuch as these assemblies stand in a false constitution , euen in Apostasie , it is as cleere as the Sunne , that all men ought vpon paine of damnation without delay , to depart out of them . Franc. Iohns . Treatise of the Minist . of England , whether it be to be separated from or no. pag. 62. None may haue any spirituall communion therewith . Ibid. pag. 105. Their Church-assemblies are not congregations of faithfull men , but a confusion o●… all manner of people ( though neuer so wicked and prophane ) holds of all soule spirits . Fr. 〈◊〉 . ans . to H. Iac. Except . 1. pa. 6. They are not to be iudged true Christians , nor ●…rue constituted Churches of Christ. ibid. pa. 23. And that name of Conuenticles is to light and contemptuous for those meetings ( of them of the Separation ) for therin is to be considered for what cause they departed which was , through the mislike of that which Antichrist had brought in . T. C. Reply 2. to B. Whitg . pag. 38. and the gouernment , ministerie , offices , and ceremonies in England , are contrary to Gods word : simply euill . Hen. lac lib. 4. assertion , dedicated to King Iames , An. 1604 pa. 1. & 4. & seq . and Whet●…al pa. 66. 67. ●…8 . f Insinuabo secundum Apostolum , quod ecclesia mea rugas & maculas sola non habeat , ait Fulgentius August . lib contra Fulg. Donatist . art . 15. g Isa. 52. 11. Ille non intelligens illa verba Isaiae ad sui erroris sententiā detorqueri conatur , Recedite , reced●…te , &c. August lib 3. cont . ep . parm . cap 4. Euery one must be an hee-Goat before the rest to lead them out . Fr. Iohn . treat of the Minist . pa. 66. h Isay. 65 5. i Aust. lib. 3. cont . epist. tarm . cap. 1. k I Cor. 5. 13. l Tametsi vitae plusquam angelicae speciem prae nobis feramus , tamen si tali audacia nos sepa●…mus à Christiano caetu , fimus Diaboli . Cal. Inst. aduer . Anab. art . 2. pag. 582. m Num. 16 , 3. n 2. King. ●… , 11 o Praelect . I. in epist. ad Tit. Oxon. I. Iul. 1605. p Psal. 106 , 30 q 1. Sath . 5 ▪ 10 , 12. r Dan. I. 21. 22 s Zach. 12 , 12 , 13. t Eccle. 12. 9. u Psa. 147 , 12 , 13. x 2 Sam. 6. 14. 15. y Psal. 124. a Author libelli , cui inscripti●… : Breuis n●…rratio quomodo Henricus 4. Fra●… ▪ ●…c Nauar. Rex apud Clem. 8. humiliter per legatos egerit , ac s●…pius s●…pplex factus , tandem h●…reseos , absolutionem obtinuerit . Anno. 1596. b Idē Author , pa. 3. De authoritate & potentia Rom. Pontificis , victoriâque Clementis 8. de Henrico 4. Gloriose triumpl●…ātis . c Quod nugantur huius aetatis plus satis curiosi Politici Galli . Ibid. d Suum imperium immediate à Deo obt●…nere , ibid. e Babylon quae casura praedicitur , Babylon meretrix purpurata , Babylon mater fornicationū et abhominationū terrae , Roma quidē est . Riber . Iesuit . in ca. 14. Apoc. pa. 377 f Apoc. 17. 5. In fronte me●…etricis scriptum est nomen ▪ bl●…spbemiae , id est , Romae aeternae Hierom. ad Algas . quest 11. As for his behauiour who now raig●…eth , I haue seene him and considered , of him . hauing vpon his head a triple Crowne where is written vpon his forehead in precions stones the word Mystery . A Christian Declaration of Fran. Breton , a Monke of the Celestines , publikely made at Vendosm Ianu. 28. 1601. g Scripturas valere quantum A●…sopi fabulas , si 〈◊〉 authoritate Ecclesiae : potuit illud pio sensu di●…i , &c. Etiam quae pie dict●… esse scis in sensu n impium deto●…ques . Hosius de author sacr . scrip . lib. 3. cōtr . B●…ent . Proleg . sol . 148. h Quod quidem Wo●…fangus Hermanus dixit , Scripturas tantum valerequātum valent Aesop●… sabulae nisi accedat ecclesiae testim ●…iam ●…ō a leo absurde dictum est vt mereatu●… stigmati illo muri . O impium & blasphemum os . Loquitur enim &c. Iaco●… . Gretz . Append. 2. ad lib. 1. Bellar . pa. 396. i Be●…lar . lib. de laicis . ca. 5. & Rhemist . Tes●…ā . annot in 1. Pet. 2. 13. l Super omnes Deos. quidem ? cum super omnes homines , qui vtique viu●…nt et mortuis antistant . 〈◊〉 Sentiunt eum Deum esse solū . m Page 85. n Nullis legibus tenebatur humanis . ca. 4. Rex . vtique era●… nullis ipse legibus tenebatur qui●… liberi sunt Reges a vincul●…s delictorum . ibid. ca 10. o August . lib. 4. de ciuit . d●…i . ca. 33 (p) Imperator non habet imperium a Papa s●…d a solo Deo. Et concludit quod potestas imperialu est immeditate a Deo Decret . Lud : Caesar ▪ aduer . pont . builā apud Na●…cler . an . 1338. (q) Imperator habet priuilegia sua potestatis quae diuinit●…s co●…sequutus est . Dict. 96. ca. Si Imperator . vbi glossa sic . ait . Diuinitus , non ergo a Papa , nam imperium a solo Deo est . V●… 20. q. 3. ca quaesitum . r Omnibus feudi●… . s 2. Thes. 2. 4. t Breuis narrat . victor . Clem. 8. de Hen. 4. gloriose triumphātis . u Fr. Boz . lib. 1 de tempor . ecclesiae Monarchiae ca. 3. p. 52. x ibid. cap. 20. pa. 210. u Fr. Boz . lib. 1 de tempor . ecclesiae Monarchiae ca. 3. p. 52. y Cup. ●…ō . ad ca. oportebat dinct . 79. pa. 43. nu . 39. merito censeatur , reque ipsa existat . z Ibid. pa. 257 nu . 62. a lib. de donat . Const. b Haec Romana sacro-sancta ecclesia supremiā absolutumque habet principatum ac potestatem . lib. 2. sol . 236. c ●…u . Steu. lib. 2. fol. 237. & seq . d Quid superest in occidente sp . ape ▪ te non sit sedis apost●…licae ? e Quid plura prosequar vt comprobitur retustissimā , ac fere omnipotētem , ecclesiae Ro manae super omni bus regnis ac regibus potestatem . Sten . ibid. fol. 238. f Totum orbem terrarum Imperij●… moderabantur habenas omni●…m terrarum tenentes . ibid. g Steu. ibid. fol 238. h Brev. Nar. de Hen. 4 & Clem. 8. i Non est regnum in terra quod non est obligatum huic sedi Apostolicae . k Nullo quidem labore sacilique negotio Bellarmini ratio ▪ ibus possimus satisfacere . Car. lib. 2. cap. 6. §. Nullo . & Tertium Corellarium à Bellarmino adiectum , iam fuit explosum , & infra dissusius explodemus . ibid ca. 8. §. Tertium . l Lib. 2. ca. 5. §. Nec in . m Negatur quod Papa , vt papa non sit princeps . Car. lib. 2. ca. 8. §. Assertio . Ideo falsum est , quod papa vt Papa , lege , ciuiles condere , & Caesareas immutare ac corrigere nequeat . ibidem . c Car. lib. 2. ca. 9. §. Sequitur . d Ibid. cae . 15 , § Argumentum . e Pro exacta huius rei notitia , obseruandum est , quod Potestas est Immediata , & in Ministerium data . Prima est in solo Papa , vt uniuersalis iurisdictio omnium spiritualium & temporalium . Altera est i●… imperatore , Regibus & principibus saecularibus qui iurisdictionem super talia adeo mediante Papa accipiunt . Carrer . lib. 2. cap. 14. §. Hinc . f Variae sunt hominum potestates , à Deo datae diuersaeque authoritates , quae omnes à summa potestate ( P●…ntificis ) pendent , ab illaque lumen recipiunt , vt sidera à sole . Carrer . lib 2. cap 12. §. Secundo . Docet diltus Thomas pendere alia dominia , a dominia Pontificis sicut corpus ab anima quod recipit ab illa esse , virtutem et omnem operationem . Boz . lib. 1. ca. 2. pa. 32. g Sanc. lib. de orig . ac differ . principatus , apud Carrer . lib. 2. ca. 9. §. Sequitur . h Cum Imperator sit papae minist . Car. li. 2. ca. 18. §. Ec dum . i Dicimus quod papa temporale iudicium imperatori committit , ab eoque illud recognoscere debet . Car. l. 2. ca. 16. §. Dicimus . k Rex venit ante fores , iurans ●…riu . vrbis honores , post homo fit Papae , sunt quo dante coronam . sic de Imperatere scribi mandauit Innocentius 2 Car. Sigon . lib. 11. de regn . Ital. an . 1 133. l Authoritate Apostolica declaramus , illa iuramenta praedicta fidelitatis existere et censer●… deberi . ait . Clemens . 5. lib. 2. Clement . tit . 9. ca. Romanis . m Antiqua scilicet monumenta prodiderunt regaa occidentalia velut genitorem authoremque suum recognouisse regnum ecclesiae , ab eoque confirmationem accipere , propte●…ea quod ab Ecclesia regibus illis fuissent à principio donata . Sieu . lib. 1. de Dona●…i . Const. cont . Laurent . val . fol. 211. l Caeteri doctores Canonistae idem docent , asserentes vtrumque gladiū esse penes Pontificem , sed vnum immediate per ipsum exercendum , alterum in quibusdam casibus , aut certe ad nutū pontificis per alios . Boz . lib. ●… . ca. 2. pa. 31. m Vterque ergo est in potestate Ecclesiae , spiritualis scilicet gladius et materialis . Ille sacerdotis , is manu regum et mi litum , sed ad nutum et patientiam sacerd●…tis . Bon. 8. ca. vnam sanctam . Extr. de maior . & obedient . n Car. l. 2. ca. 7. § Haec . o Lib. 2. ca. 5. § Praeterea . p Idem . ca. 21. § Respondebite . q Boz . lib : 1. ca. 2. pag. 31. r Constantinus de suo nihil dedit , sed donando reddidit . Carerius lib. 2. ca. 21. § Respondebite , & illa donatio redditio censetur ibid. s Constantinus potius restituit , quod imuste detinebat . Car. l. 2. ca. 16 Falsumque 7. & Principatum mundi quem habebat Constantinus , licet antea non haberet Siluester de sacto , de iure debitus erat Boz . lib. 1. ca. 2. pa. 31. t Pontifex suam potentiam vindicauit ab omni limite . Brev. Narrat . de vict . Clem. 8. & Authoritas aut potestas pontificia non limitatur aut circumscribitur vllis terminis , sed patet quacunque tellus & aequor , sese attollit supra firmamentum , in caelos vsque & discendis in abyssum , claudit patentes hiatus Erebi . ibid. u Gregor . 7. In Execratione cōtra Henr. cuius exemplar citatur a Platina in vita Greg. 7 vt omnes intelligant in terra , Imperia , regna , principatus , & quicquid habere mortales possunt , auferre & dare nos posse . x Car. lib. 2. ca. 19. § Denique . y Car. ibidem . a Summus pontifex iure diuino habet plenissimam potestatemin vniuersum orbem terrarum tum in rebus ecclesiasticis , tum in po liti●…s . Car lib. 2 ca. 9. § Tertia & , Diuino reuelato , & naturali iure , His potissimum titulis convenire ecclesiae , M onarchiam ostēdemus . Boz . lib. 1. ca. 2. pa. 38. b Probatur cōmmuni maximorum Theologorum authoritate . Car. tit . ca. 9. Ex his apparet hanc esse communem Theologorum sententiam . ib. §. Extis . c Probatur communi Canonistarū testimonio , qui sic adhaeserunt huic decreto , vt infinitum sit illos enumerare . Carer . lib. 2. ca. 10. tit . ca. 10. & Doctores , & Boz . l. 1. ca. 3. pa. 31. d Hinc factum est vt audacter dixerit Banelus , maturi vir iudicīj , opinionem contrariam esse haereticam . Car. lib. 2. cap. 10. §. Doctores . e Iurisperitorum princeps Bartolus dicit esse sententiam S. Matris Ecclesiae . Boz . lib. 1. cap. 2. pa. 31. f Es●… plurium Patrum , Theologorum , Canonistrarum & Pontificum sententia , Boz . lib. 3. cap. 6. pa. 4●…6 . g Innocentius ca. licet de foro competenti , expresse ●…ult , vice christi successisse in regm & sacerdotio Petrū & eius successores . Boz . lib. 1. cap. 2. pa. 30. h Ex quibus colligite , Primo in summo Pontifice apicem vtriusque potestatis reperiri . Sec. Papam in toto orbe Christiano habere temporale dominiū . Carl. lib. 2. cap. 11. § vt . i Ex ijs veritas dicti cap. So litae intacta manet , Imperialem scilicet potestatē , à pontificali potestate , sicut lumen lunae à lumine Solis , quoad temporaliū administrationem proficisci . Car. lib. 2. cap. 12. § Respondetur . k Inno. 4. com . in cap. Ego N. Extra . de Iureiurando . l Paral. Abb. vrspec , in an . 1294. m Hic Papa constitutionem fecerat in qua se Dominum spiritualem & temporalē in vniuerso mundo asserebat . Mart. Polo . Chron. in An. 1301. & , in tantam arrogantiam erexit seipsum , vt Dominum totius mundi se diceret , tam in temporalibus , quam in spiritualibus , Wern . in fasc . temp . an . 1294. n Porro subesse Romano pontifici , omni humanae creaturae , declaramus , dicimus , definimus & pronunciamus esse de necessitate salutis . Bon. 8. cap vnam sanctam . extra . de ●…aior . & obed . o Iohn 22. cap. Si sratrum , Extra . Nesede vacante . p Sacrar . Cerē . san . Rom. eccles lib. 1. sect . 7 , pa : 85 ▪ q Hier. epist. ad Ctesiph . aduer . Pelag. to . 2 , pa. 260. r In veteri testamento regnum praeeminebat sacerdotio , Ideoibi regnū , hic sacerdotiū in substan tiuo ponuntur , eo quod ibi ex reg no , hic ex sacerdotio quasi subsista : religio Aqui. com . in 1. Pet 1. s Stap. doct . princ . lib. 5 , ca , 22. l In ▪ veteri Testamento Rex super sacordotes potestatem habebat , cosque pro crimine occidere , multo magis officijs et dignitatibus spiritualibus eos priuate poterat . Carer . l. 2. ca. 18 ▪ Respondeo . m Hinc in lege veteri Regnum erat substantiuum ▪ et lacerdotium adiectiuum . Car. l. 2. ca. 1. §. Hinc . n Car. l. 2. ca. 18. §. Secundo . o Ecclefiasticam potestatem , naturali iure esse omnino super saecularem , &c. Boz . lib. 1. pa. 7. et cap. 2. pag. 38. p Ad passionem Christi vigebat . Lex . passio incidit in an . mundi 3996. Funct . q Rom. 13. 1. r Ib. V. 4. 6 , 7. Ter repetit prin cipes saeculares quibus tribuca redduntur esse ministros dei . Bell. lib. de laic : ca. 3. §. Praeterea . Vt absurde detorqueathaec verba , ad praesules Ecclesiasticos lib. 2. de pont . Rom. ca. 29. §. Respon ▪ deo tam. s Omnibus qui Romaesūt , delectis dei . Rom 1 , 7. t Bell l ▪ 2. de pont . Ro. ca ▪ 2 & 5. u 1 Tim. 4. 12 x Comment . in ca. 3. Epist. ad Tit. dig●… 10 y Chrys. in cap 13. ad ▪ Rom. z Quo tempore principes erant Ethnici , nō erat Pontifex iudex illorum , sed è contrario illis subiectus erat in omnibus ciuilibus causis non minus quam caeteri homines . Bel lib. 2. de pontif . Rom. cap 29. §. Respōdeo , primo . a Carer . eadem verba habet quae Bell. lib 2 ca 23 , §. Respondetur . b Bel. ibid. §. Quod Carer ▪ loc . citat . d Bell. et Car. loc . citat c At vero cum principes facti lunt Christiani , continuose tāquam oues pastori , et membia capiti , eccle siasticae hierachiae Praesidi ( i. Papae ) subiecerunt , et proinde ad illo iudicari , non illum deinceps iudicare debent . Bell. et Carer locis citatis e Christus non venit destruere ea quae bene se habebant , sed perficere : ergo quando Rex fit Christianus , non perdit regnum terrenum , sed acquirit nouum ius ad regnum aeternum , Alioqui obesset regibus Christi beneficium , et gratia naturam destraeret . Bel●… , l , 5 , de pont . Rom. ca. 3. § , Iann . f Leo caepit . an . 443 , prosp . g Leo cpist . 9. et 24. h Leo Epist ▪ 43 i Leo Epist. 59. k Greg. lib. 2. Epist. ca ▪ 100. l Greg. l. 4. Epist . ca. 78. m Greg. l. 4. Epist . ca ▪ 76. n Ego iussioni subiectus lib. 2 ca , 100. o Lib. 4 , Epist , ca. 76. Imperatori obedientiam praebin ▪ lib. ●… , ca. 100. p Greg prim us obijt an . 604. Palm . in supplem , Eu●…eb . q Leo 4. caepit an . 847 , Palm . r De capitulis et praeceptis ▪ im periabbus i●…refragabiliter custodiendis , quanto valuimus , et valemus , nunc et in aeuum nos cōseruatuios modis omnibus profitemur . Leo 4. Lothar . August . Distinct 10. ca. d●… capitulie . s cau . 2 , q. 7. cae●… Nos si incompetenter . t Sint de nobis iudicata negotia . u Leo 4. obij●… an . 853 Palm ▪ in supp . Euf . x Henricum regē imperatori●… administratio ne regiaque deijci , & Christianos omnes imperio subiectosiuramento illo absoluo , quo fidem ve ▪ ris regibus pr●… stare consueuerūt . Form. Abrog . Pontif. apud Plat. in vita . Greg. 7. et Henrico regiāpotestatem adimo ▪ interdicoque Christianis omnibus , ne Henrico vlla in re obtemperent , Rodulphum in regē suscipian●… Execc . Greg , 7. apud Plat. Saxones rebellant instinctu Hildebrandi papa . Imperatorem abiurant , Rodulphum regē statuunt corona et à Papa missa , cui erat inscriptū , Petrae dedit ▪ Petro , Petrus deadem ▪ Rodulpho . Sigebert in an . 1077. y Oth. Fris. Chron. lib ▪ 6. ca ▪ 35. a Hactenus sanctissimi patres quemadmodum Christus et legatieius fecerūt et alios docutrunt , Caesaresin terris à Deo sec●…ndos , anteom nes mortales , pri mos. i supremo numine dat●…s , diuinitus constitutos renerabantur , Hildebrandus vtrāque personā sibi impositam à Christo , omnem potestatem in se transferre : Caesares , reges , Augustos , et precario regnantes flocci sacere ▪ &c Auent . Annal. li. 5. p. 446. 447 b Hildebrandum papam vnanimiter abdicarunt . Abb. Vesperg . in an . 1083 et Sigeb . in an . 1084. Hildebrandus tanquam lupus fur ac latro relat●… persidus transfuga , o●…ium desertor , gregi●… proditor , charitatis os●…r ▪ ommū consens●… abdicatur , Auent . an ▪ lib. 5. pa ▪ 462. c Sige. et Abb. ves . in an . 1085. e Abb. ves . in an . 1080. f H●… mille amisi inchoentur a morte Christi i. ab an . 35. vt sine dubio inchoandos esse ait Ribera ( com . in Apoc. ●…0 . v. ●… . incidunt directe in tēpora Hildebrands , ac fere in ipsius pontificatū : quem ingressus est an . 1074. Palm in sup . Euseb. d Ben. apud Abbvesp . in an 1077 g Circa an . 1150. Palm . h Barn. lib. 2. de consid ▪ ad Euge. i Bar. l 3 : de c●…sid . ad Eug. k Obijt Lud. u 4 an . 1346. Palm l Quia nonnulli in assertiones detest●…biles prorumpant , asserentes failaciter Imperialē potestatem esse à Papa , Coast. Lu ●…u . 4. apud Balb. Episc. Gurc . lib. de coron . ad Carol. 5. pa. 39. Contra nos , et Imperialem authoritatē dignitatem , potestatem , et ius Imperij allegatur , quod potestas et authoritas imperialis est à papa . Decr Lud. 4. apud Naucl. in ann . 1338. m Rich. 2. regnare desijt ann . 1399. Stow. n Gen. 11. 7. o Ib. r. 7. 9. p Citati a●… ud Bell. lib. 5. de p●…utif . R●…m . ca. 1. §. Tertia . & by Gear . Blackwell in his large Examin . an . 1607. q Bellar. lib. 5. de pont . Ro. ca. 2 Pas am non esse dominum totius mundi . s Bell. ibid. ca. 4. & Pontificē vt pontifice●… nō habere directe et immeditate vllam temporalem potestatem ibid. ca. §. Tertia . r Papam non esse Dominum totius orbis Christiani . Bell , ib. cap. 3. t Gen. 11 , 4. u I say 47 , 7 , 8. Apoc. 18. 7. x Praeterito vti tur profuturo vt certissimum esse sciamus quod dicit . Riber . in ca. 14. Apoc. pa. 373. y Apoc. 18. 8. z Iudg. 7. 22. a Carer . et quos ille citat . l. 2 , ca. 9. Bellar. et quos ille citat . lib. 5 de pont . Rom. co . 1. et ca. 6 ▪ 7. 8. b Petatur interpretatio Bullae pij . 5 contra Eliz. vt obliget Catholico , nullo modo rebus sic stantibus , sed tum demum quando publica eiusdem Bulla exe cutio fieri poterit . Ha●… pradictas gra tias concepit sumus Pontisex patri Rob. Parsonio , & Edmundo Campiano , in Angliam profecturis , die . 14. April prasente patre Oliuerio Manario assistente , Facult . comc . Parso . & Camp. c Si principes conentur averter●… populum a side , omnium consensu , possunt & debent priuari suo dominio : & tenentur Christiani nō pati super se talem Regem . Quod si Christiani oli●… non deposueru●… Neronem Dioclesia●…m valentem Arrianum & similes ; id suerat quia de●… ▪ vires temporales Christiauis ▪ Bellar. lib 5. de pont . Rom. cap. 7. 6. probatur . & §. Quods d In vir . Aug. cap. 57. 58. e Abiecta omni cūctatione , mature , auro , argento & alijs opum generibus aeraria eius complete laborant . Studio quodam & ardore inter se , quo alius alium in largiendo superaret , vehementer contēdunt . Euseb. in vit . Const. lib. 1. cap. 10. f Natalem eius sponte , biduo semper celebrarunt . Suet. in . vit . Aug. cap. 57. g Natalē Imperij statuit celebrandum . Spart . in vit . Adrian . h S●…et . in vit . Calig . cap. 6. i Nehe. 2 , 3. k 2. Sam. 1 , 21. Isa. 55 , 16 , 11. 
A28559	----	The doctrine of non-resistance or passive obedience, no way concerned in the controversies now depending between the Williamites and the Jacobites by a lay gentleman of the communion of the Church of England, by law establish'd. Bohun, Edmund, 1645-1699. 1689 Approx. 108 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A28559 Wing B3451 ESTC R18257 12395582 ocm 12395582 61155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28559) Transcribed from: (Early English Books Online ; image set 61155) Images scanned from microfilm: (Early English books, 1641-1700 ; 271:2) The doctrine of non-resistance or passive obedience, no way concerned in the controversies now depending between the Williamites and the Jacobites by a lay gentleman of the communion of the Church of England, by law establish'd. Bohun, Edmund, 1645-1699. [2], 38 p. Printed for Richard Chiswell ..., London : 1689. Attributed to Edmund Bohun. Cf. BM. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Jacobites. Great Britain -- History -- Revolution of 1688. Great Britain -- Kings and rulers -- Succession. 2006-06 TCP Assigned for keying and markup 2006-06 Aptara Keyed and coded from ProQuest page images 2007-06 Ali Jakobson Sampled and proofread 2007-06 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DOCTRINE OF Non-Resistance or Passive Obedience No way concerned in the CONTROVERSIES Now depending between the Williamites and the Iacobites . By a LAY GENTLEMAN , of the Communion of the Church of England , by Law establish'd . Cruces nec colimus , nec optamus . LONDON , Printed for Richard Chiswell , at the Rose and Crown in St. Paul's Church-Yard , MDCLXXXIX . The Doctrine of NON-RESISTANCE , or PASSIVE OBEDIENCE , No way concern'd in the CONTROVERSIES now depending , &c. I Have with some impatience and wonder beheld the bandying of the Non-resisting Doctrine to and fro in this disturbed Kingdom , for so many Months , and to so little purpose ; because I am not able to comprehend what any of the contending Parties would be at , nor why that Doctrine , rather than any other , should be made now the Subject of our Disquisitions and Enquiries . For what if God has forbidden us upon pain of Damnation , to resist our Lawful Princes when they do amiss ; and has reserved to himself the Censure and Punishment of his own Ministers , as I'believe all Lawful Princes are such ; and that God has for great and wise Reasons tied up our hands ; Doth it therefore follow from hence , that James is still the Lawful King of England ? Or that when he was so , we that believe the Non-resisting Doctrine , were bound to sight for him , whatever he did ? And on the other side , what can the Friends of their present Majesties pretend to palliate their Contempt and Scorn of the Doctrine of Passive Obedience ? It was indeed dangerous to them when he first entered England , because all that believed themselves bound by it , were obliged not to take up Arms for him against King James ; and so consequently it deprived him of their Assistance : But when he had once subdued the Forces , and obtained the Throne of that Infatuated Monarch ; of what use can it be to him to have his Subjects so frequently told , That it is lawful for them to take Arms and Defend themselves , their Rights and Religions against him ? I doubt not but His Majesty intends to Govern us with the utmost Clemency and Mercy according to our Laws : But when neither Moses nor David could always please their Subjects ; It is to be feared the best of Princes may at one time or other need the Influence of the Doctrine of Passive Obedience to restrain the madness of the People : and therefore they can be no Friends to Government in general ; nor to him , or his , in particular , who are so zealous to have the Doctrine of Non-resistance extirpated out of the World. The consequence of which , is , That it is Lawful for every Man to Rebel against his Lawful Prince , whenever he think● it necessary . My design therefore in this Discourse being to put an end , as far as I can , to this unseasonable Dispute . I shall endeavour to prove these Particulars , as to the Friends of the late King. 1. That th●se that believed it , were not thereby bound to assert the Mis government of James the Second . 2. That seeing he has deserted his Throne , and withdrawn his Person and Seals , they are not thereby obliged to endeavour the restoring of him . The Doctrine of Passive Obedience doth not oblige a Subject to assert the Mis-government of his Prince : For it supposeth the Prince may command what he ought not , and then it obligeth me to suffer rather than to resist my Prince , or to break the Commandments of God , or the Laws of my Country , or do any other ill Action in Obedience to his Commands . Now what is this to the purpose ? King James had notoriously subverted all our Constitutions and Laws , both in Church and State , and would suffer no redress ; the Church of England , on the other hand , Petition'd him from time to time by her Bishops and Nobility , to suffer a Parliament to meet and redress our Grievances ; but this he would not yield , and what should they do in this case ? Why , said the Jesuit , in the Answer to the Petition of the 17 th of November , 1688. ( when they had set forth , That in their Opinion the Only visible way to preserve his Majesty and this his Kingdom , would be the calling of a Parliament Regular and Free in all its circumstances . ) I hope to make it out , that the summoning a Parliament now , is so far from being the Only way to effect these things , that it will be one of the Principal Causes of much Misery to the Kingdom . And , I am sure , both our Duty to God and our holy Religion , as well as to His Majesty and our Country , doth plainly enjoyn us to use one other effectual means , &c. which is the keeping inviolably to our Allegiance to our Sovereign ; and effectually joyning with him to resist all his Enemies Whether Foreign Aggressors , or Native Rebels . That is , let the King do what he please to you , you are bound to fight for him and expel the Prince of Orange , and subdue all his Adherents . I can very well remember what small effect this Oratory had then upon the minds of all Men. There did not seem to be one Protestant in the Nation , who could not distinguish between the Doctrine of Non-resistance and that of actually aiding a Prince to destroy and enslave his People . His late Majesty however persisted in his Opinion , that no Parliament could be holden till the Prince of Orange was driven out ; and the Clergy and Nobility in theirs , that this was the Only visible way to preserve the late King and Kingdom : which imply'd , that all fighting was dangerous to both , till this was done . And accordingly , as we had no disloyal Exhortations from Press or Pulpit to perswade Men to fight against their Prince ; so neither had we any to perswade us to fight for him : but the thing was committed to God to determine as he thought fit . In this our Bishops , Clergy , Nobility and Gentry ; and in general all the Children of the Church of England behaved themselves like good Christians and good Subjects too ; this difficult Case could then be no otherwise well and justifiably managed ; and if some few forgot their Duty , and declared too soon for the Prince of Orange , his now Majesty ; this they only are responsible for ; those that adhered to the late King till he actually left the Nation and the Government , fell for want of the first Mover , are not responsible for their Miscarriage if it was one . In the Primitive times , when this Doctrine was best both understood and practised , their Loyalty was one of their lesser Virtues , upon which they never valued themselves . It would have been then a mean piece of Virtue for a Man to have alledged he had been ever Loyal to his Prince , when a Rebel or a Traytor Christian was a thing they looked upon with horror and affrightment ; they expected Martyrdom every moment , and were preparing for it at all times ; they were told then , at their first admission into the Church , that they must expect Persecution , and every one who took up that Profession , did it with that Expectation : And the Religion being contrary to the Established Laws , whoever came in to it , knew beforehand that at one time or other he might be called to lay down his Life for it , and when it happened , it was no new or unexpected accident , but foreseen and provided for . But then they were not so silly as to be fond of their Persecutors , or to wish or fight for it : We are ( said Tertullian ) defamed as Enemies to the Emperour's Majesty ; tamen nuaquam Alainiani , nec Nigriani vel Cassiani inveniri potuerunt Christiani ; Yet never was any Christian found like Albinus , Pescennius , Niger or Avidius Cassius Vsurping the Throne , and Invading the Government . They prayed for the Emperor , and performed all the Duties of good Subjects till he persecuted them , and endeavoured to destroy the Church of God ; but then they changed their Notes , Quales erg● leges ist , quas adversus nos soli exequuntur impii , injusti , turpes , truces , vani , dementes ? What Laws are these which none ever put in Execution against us , but impious , unjust , base , barbarous , vain and mad Princes ? Who ever pleaseth may see enough of this laid together in Jovian , pag. 161. and 162. There is not one of those Princes who persecuted the Church , but he is represented to the World by the Fathers and Church Historians in the blackest Characters . That little Book that was written by Lactantius to shew the dismal Ends , and sad Catastrophies of the Persecuting Princes , shews how far they were from being fond of Persecution or Persecutors ; and by what hand soever the enraged Fool fell , the deliverance was ascribed to God , who makes use of such instruments as he thinks fit to punish bloody and tyrannical Men. And let any Man shew me that the Primitive Christians were discontented when they were delivered , if he can . So far were some of the Ancient Fathers from fighting for the persecuting Princes , when they hapned to be dethroned or invaded , that they would not suffer a baptised Person to list himself in the service of a Pagan Prince , Tertullian , de corona , cap. 11. To which purpose he alledgeth that passage of our Saviour . He that takes the Sword , shall perish by the Sword : But then , saith he , Plane si quos militia praeventos fides posterior invenit , alia conditio est . Those who were admitted to Baptism after they were listed in the Service of the Emperor , were not under the same obligation . And we have the Passion of one Maximilian , an African , who suffered Martyrdom for no other Cause , but for that he would not serve the Emperor as a Soldier . And the Council of A●les , which first admitted baptized Persons to take up Arms , limited the Grant to times of Peace ; which was all one with the saying , They would not allow it under Pagan Princes . From all which I may reasonably infer , They did not think themselves bound to bestir themselves for Pagan or persecuting Princes , as if the Church must have perished , if they had not had the Honour to preserve every Prince God had set over them till he had ended his Reign and his Life together . Yet in all these times the Doctrine of Passive Obedience was at the Highest never call'd in question , never doubted of . It is as true also , The Roman Emperors , under whom they lived , were absolute Independent Princes , whose Will was the Law ; and the constitution of the Empire differed vastly from that of England . So that we are not under the same Obligations they were , because our Princes have not the same Legal Powers the Roman Emperors had : but then , I doubt not , but we are as much bound to submit to the Legal Commands of a King of England , as the Primitive Christians were to the Legal Commands of their Princes . But this was no part of the Controversie under the Reign of James II. who had as little Law as Reason for what he did . I could never meet with one single Protestant , how discontented soever he was , that James II. is not still King of England , who would pretend to justifie or excuse any of his Actions ; no , they all grant his Design was certainly to extirpate the Protestant Religion , to enslave , and consequently to extirpate the English Nation : but then say they , What of all that , no evil is to be done ; we ought not to rebel to save a Church or a Nation . Why , what then ? supposing all this were true , What is this to them ? Have any of them rebelled ? Yes , say they , all that have sworn Allegiance to their present Majesties , have made defection from James II. who tho' he were never so bad a Man , is still our lawful Prince , and we are bound to swear Allegiance to no other , as long as he is alive . To this I reply , If the things laid to the Charge of James II. in the Prince of Orange's Declaration , are true , and I think no body questions that , for all the same things , in a manner , are complained of in the Bishops Proposals , but one or two , which were too high for any Subject to take notice of ; why then , I say , That Prince had a just Cause to make War upon James II. and if he was conquered by him , he has as good Right to our Allegiance , on that score , as ever any conquering Prince had . But this is not all , It is well known , His now Majesty offered to submit all his Controversies to the Decision of an English Parliament , which is more , perhaps , than was ever done by any invading Prince before ; but James II. was resolved , That neither he nor we should have any Right or Redress ; but rather than submit to that , he would go make a Voyage to his most Christian Majesty for his Assistance to make a second Conquest of us . There has been much bandying , Whether James II. went voluntarily away , or were forced ; and this is a Question not worth one Farthing , at the bottom . For if he went voluntarily , he was forced ; and if he was forced , he went voluntarily . I suppose no Man ever said or thought he freely resigned the Crown , but that his Mis-government had raised such Jealousies and Discontents in the Minds of his Subject , that they neither could nor would fight for him till he had in Parliament done Right , first to his People , and then to the Prince . This he was resolved not to grant , be the Event what it would ; and when he saw himself deserted by all the World , still he persisted in his Resolution ; and after he had promised a Parliament , broke his Word with the Prince and the Nation , and withdrew his Person and Seals , and left us in Anarchy and Confusion . Now , I say , he was not forced to do this : he might , and as the case stood , he was bound to have granted a Parliament , and then he might have staid with good safety to his Person and Sovereignty . Now , if there be nothing asked of a Prince by his Neighbour-Prince upon an Invasion , but what he ought to grant and may grant ; he is forced by no body but himself , if he will run away from his People , rather than do them and his Neighbour Right . But then , when we say , His retreat was voluntary , we do not pretend there was no force made use of , but that it was not made use of to that end . All that was asked by the Prince or his own Subjects , was a free and legal Parliament ; and all the force that was used was to that End : And this he might and ought to have granted ; but if he would not , the Prince is not to be supposed to have brought 14000 Men , only to make a vain Shew with all , but either to force him to do him Right , or force him out of his Kingdom . This Prince was no Subject to King James , nor to any other Prince , and consequently was no Rebel : He had as well good Right as a good Cause to invade this injurious Prince who had injured both him and his good Subjects , and without a War would do no right either to the Prince or us . For the Prince had tried all fair waies before he tried Force , as is notoriously known to all the World. But our Jacobites prate of the Force that was used against him by another Sovereign Prince , as injurious , only because it was Force . Why , the Prince was no Subject , and if James II. would do him no right without Force ( tho' we that were then his Subjects had no Right to compel him ) HE might lawfully compel him by Force to do what he ought to have done without it , but would not . What Stupidity is it to deny a Sovereign Prince may make use of Force against a neighbouring Prince that has done him Wrong ? Well , but say they , His Subjects ought to have fought for King James : To which I say , Why did they not , who hindred them from fighting ? No , they would not fight , or , which is all one , they durst not ; and now he is gone , they think to make him amends , by a fullen disclaiming of the present King's Sovereignty . But tho' they will not swear , they will promise to live peaceably under this King : That is , they will not own him for the lawful King of England , but they will submit to him as they did to Oliver Cromwel , till they have an Opportunity to dethrone him , and deliver him into the Hand of King James ; and for this they would be allowed the same Condition with those Subjects that have sworn Allegiance to him . Is this reasonable ? will they admit a Servant or a Rival on the same Terms into their own Families ? Well but some of his Subjects forsook , and others of them fought against him , and almost all the rest stood still , and would not fight for him . 1. What is this to them , if they have done as much for him as they could or ought , they shall answer for no body but themselves . 2. What was the Reason , and who gave the Cause of this general Desertion ? 3. It is denied that King James his Subjects were bound to stand by him and fight for him . He had notoriously invaded and destroyed all our Civil and Religious Rights and Liberties , and designed the Ruine and Destruction both of them and us , and would give us no Assurance , we could rely on , to do otherwise for the future ; and therefore if it were unlawful to resist him , it was also as unlawful to assist and enable him to destroy the true Religion , the English Liberties and Immunities ; nay the very Nation . Now Jovian tells us , pag. 272. Whosoever acts contrary to Law , in this Realm , to the Prejudice of any other Person , must be subject to make Reparation by Law ; against which the King himself can protect no Man , as long as the Courts of Law are kept open ; ( this has been sufficiently confuted ) so that there can be no Tyranny , nor any Persecution , but a most exorbitant and illegal Persecution , which must presuppose , That Justice is obstructed , the Laws and Lawyers silenced , the Courts of Judicature that up , and that the King governs altogether by Arbitrary Power and the Sword. ( The Courts were indeed open , but we know for all that , no Man could have any redress ; but the Consequences were the same as if they had been shut up . ) But to suppose this ( saith the Doctor ) is plainly to suppose the utmost possibility , which is next to an impossibility , a possibility indeed in Theory , but scarce to the reduced into Practice , For in such a violent Vndertaking all good Men would withdraw from the Service and Assistance of the King ; ( mark that ) and the Bad durst not serve him , because if he died , or repented of his Vndertaking , they must be answerable for all the Wrongs and Illegalities they were guilty of in his Service . And a little lower he tells us , To shut up the Laws or obstruct and pervert Justice , would prove an exceeding difficult and almost impracticable Undertaking , because all his good Subjects , and all the bad too , that tendered their own Safety , would desert him ; nay Foreigners , upon this account , would make a Difficulty to serve him , because he could not protect them against his own Laws . Now all this was done and averred in the Face of the Sun , this Possibility was brought into act , and things driven on to the utmost Extremity ; and the only Question then was , Whether we should intail this arbitrary tyrannical exorbitant Persecution on our Posterity , without any Hopes or Possibility of Redress , or whether we should withdraw from his Service , and secure our Rights and Religion by it ? And this was done by all but the Irish and Papists , both Good and Bad , in a manner , as the Doctor foretold it would ; and to me it seems altogether justifiable . I know the Doctor means only a Civil Recess ; but if it was highly punishable and Infamous to have persisted in a co-operation and Assistance of these things , it was worse and more punishable to have fought for them . And from hence I conclude , All that did withdraw from the Service of the late King , when they saw he was resolved on these illegal exorbitant Courses , are not to be blamed ; and that the best of the Primitive Christians would have done the same thing , if it had been their lot to have fallen under such a Prince . Tertullian , de corona , c. 12. expounds that Place of Scripture , Give unto Caesar the things that are Caesar's , and unto God the things that are God's . Give the Man to God , and the Penny to Caesar . The Man bore God's Image , as the Penny did Caesar's ; and when God and Caesar were in opposition , the whole Man was God's Right . So far were they from thinking , their Loyalty to their Prince obliged them to be disloyal to their Religion , even then when they never thought of Resisting , their hands were tyed up neither to assist nor resist a against persecuting Prince , they would do neither of these tho' they ( perished . And are not we still under the same Obligations as to the latter as well as to the former ? For Shame , let no Man boast of that Loyalty to his Prince , which makes him Disloyal to God and his Church , to whom his Duty is first owing ; for in this Case it is our undoubted Duty , to obey God rather than Man. Art thou then ( saith Tertullian ) a Servant and Soldier to two , to God and Caesar too ; certainly thou wilt not be for Caesar when thou owest thy Service to God : even in common things , I yield to the better : or I believe thou wilt be for the better . So far were they then from valuing themselves upon the score of their Loyalty to their Prince . The Disloyalty of two other Parties have made the Church of England take into the contrary Extreme ; and as a Jesuit wished it might do her much good , in Scorn : So she had like to have paid too dear for the Pretence ; and they that would now again sacrifice her to their Interest and Reputation , are , to speak softly , none of her best Friends . They pretend we have not suffered enough for our Religion , to justifie our Resistance ? Why , according to their Principles we are never to resist , whatever we suffer , but to suffer on till there is not one Man left to resist . Now did ever any Man , before they , complain , That for the Elect's sake God had shortned those . Daies ▪ If they think we have not suffered enough for our Religion , they may be pleased to go for France or Ireland and there make up what is wanting : But if they love Company , and would needs have us suffer with them too , I do not understand the Favour . If they are Prodigal of their own Lives and Fortunes in this World , they ought to be tender of other Men's ; Cruces nec colimus , nec optamus ; We neither worship nor wish for Crosses , said Octavius , a Primitive Christian : And it is madness to desire to be , and to bring others into affliction and Trouble , when God doth not willingly afflict or grieve the Children of Men , and hath sent us a Deliverance , before we expected it , and sooner than some Men are well-pleased . They have another Objection , which is full as extravagant as this ; If , say they , King William has conquered King James , why doth he not claim the Crown by Conquest ? Why , he that has several Rights to the same thing , may use his best , and wave the rest . Nemo juro suo quod cum damni periculo conjunctum est , uti cogitur ; No Man is bound to produce an invidious Title : Should King William have treated us as a conquered People , they would have been the first that would have complaimed ; who now complain , only , because they have not that Case . The truth is , they would have him claim as a Conqueror , that they might thence take occasion to ruine him ; but he has the Right of a Conqueror , and the Right of a Lawful Successor too ; and tho' his own personal Right of Succession is more remote , that of his Lady is immediate ; and by it be claims , to our great Good , and his immortal Honour : And they , in the mean time , might , if they pleased , be as satisfied in the Right he has by conquest , as the Saxons were , when King William I. won the Crown in a Battle , and wore it , under the Pretence of an Election , because he could lay no Claim to it by Succession : And Henry . VII . twisted his Right by Conquest with his Descent from Lancaster , and his Right by Marriage . But these Men seem not to care which way our Ruine come , if we may but be miserable ; we have not suffered enough under King James , but he , too , would fain come in by Conquest ; and if ever he get the Crown again that way , these Gentlemen will have no reason to complain of the Want of Sufferings . Tertullian , who wrote his Apology for the Christians , in or about the Year of Christ CC. as Pamelius stateth the Time , in his Annals of the Life of that Father , saith in his first Apology , c. 37. If we Christians would become your publick and declared Enemies , or secret Revengers of our own Wrongs , should we want Force and number to support it ? We exceed the Moors , the Marcomans , and the Parthians , or any other one single Nation in the whole World ; we are but of Yesterday , and yet we have filled all your Places , your Cities , your Islands , Castles , Corporations , Councils , Tribes , Companies , Palace , Senate and Forum or Market-Place ; and we have left you nothing to enjoy alone but your Temples ; now we who so willingly lay down our Lives , are we not thereby fitted and prepared , do you think , to manage any War , tho' we were very much inferior in Number ; if our Religion did not oblige us , rather to suffer Death than to inflict it ? we might without Arms or Resistance , barely by disagreeing with you , and the Envy of a Separation , very much endager and disquiet you ; for if so great a part of the Empire , as we now make , should break it self off from the rest , and retire into any remote Corner of the World , it would certainly confound your Dominions , to lose so many Subjects , be their Quality what it will ; yea , our very departure from you would be a severe Punishment ; the Desolation and Silence we should leave behind us , would strike you with an Horror and Amazement , as if the World were expiring ; you would be forced to seek for new Subjects to supply our Places ; and perhaps we should leave you more Enemies than Subjects or Defenders . This Place has been often cited to prove the Doctrine of Passive Obedience ; and in truth it is a noble Testimony of the Faith and Patience of those Saints : But then the Church continued after this under Pagan and Persecuting Princes one hundred and ten years , and something more , in which short time there is reckoned about twenty nine Emperors ; their times being short , and their ends Bloody ; they almost all of them pershing by the Sword. Did any of the Primitive Christians in those days make any scruple to submit to the prevailing Power ? The same Author , in this very Apology , puts the Question to the Pagans , Vnde Cassii , Nigri , & Albini , &c. De Romanis ( nisi fallor ) id est , de non Christanis . From whence are all your Vsurpers , Traitors , and Rebels ? They were ( if I am not deceived ) all Romans , that is , no Christians . Those very Loyal Pagans , that Persecuted the poor Christians , because they would not sacrifice for the safety of the Empire and Emperor , Those Loyal Pagans , who would swear falsely by all their Gods , rather than by the single Genius of the Emperor , they were the Men that so frequently deposed , murthered , and destroyed their Princes ; that in one hundred and ten years there was about thirty of them , and scarce three in all that time that died a natural Death . But where the Numerous body of Loyal Christians in the mean time , who , as he tells Scapula , were so great a Multitude that they were almost the greatest part of every City ; and as he tells us in the other Apology , they were fit to have undertaken any the most dangerous War , though they had been inferiour in numbers , who so stoutly and fearlessly suffered deaths , that were extraordinarily dreadful for their Religion ? Why did they not appear in the defence of some of these poor miserable Emperors , who were thus slaughtered one upon the neck of another ? How could they satisfie their consciences to pay their Allegiance to thirty Emperors in one hundred and ten years , and suffer above twenty of these to be deposed and murthered without ever in the least concerning themselves what became of them , or who was in the Imperial Throne . Certainly here was some reason for this , it was not Cowardice ; never in any Age were there greater numbers of Heroical Martyrs than in this Century ; four of the ten Persecutions fell in this short period of time ; and they bore them with all the bravery that any of their Ancestors had shewn . The Deposing Doctrine was not then dreamt of ; At the end of this dreadful Century they were as Innocent as at the beginning of it , there was never a Traytor or Usurper to be yet charged upon the Christian Church . Well , but what then , why did they suffer the Pagans to murther their Princes at this rate ? How could they in conscience pray for thirty Emperors in one hundred and ten years , most of which were stained with the Royal Bloods of their Predecessors ; and who had no other . Title than that of a Prosperous Usurpation and a successful Rebellion ? Let the Iacobites of our Age come forth now , and try if they can justifie these Primitive Christians in all this ; let them produce their Arguments and form Apologies for them , which shall not at the same time be unanswerable Objections against their own Practice . All that I can say for these Holy Menl , is this , They followed the Example of our Saviour ; and , as he said in another case , who made me a Judge and a divider of Civil Inheritances , or of the Titles and Claims of Princes ? So they said here , who has given us Power or Command to interest our selves in these things ? If we do our Duty and submit to and pray for those Powers that we find set over us , by Men as the Instruments , by God as the great disposer of Crowns and Scepters , we are safe ; for it is he that Ruleth in the Kingdoms of Men , and sets over them The basest of Men , such as Oliver Cromwel was , Kings given to sinful Nations in his Wrath , and sometimes as suddenly again taken away in his Anger ; and at others continued longer for the Tryal of his People or the chastisement of wicked Men. St. Austin saith , Let us ascribe the gift of Kingdoms and Imperial Powers to none but the True God ; he that gives eternal felicity in the Kingdom of Heaven to none but the Pious : but the Earthly Kingdom , both to the good and to the bad , as he pleaseth , who is not pleased with injustice : For though we should in this case say all we know , yet it would at last be impossible for us , to search the hearts of Men , and by a clear discovery to judge of the justice of ( God in relation to ) Kingdoms . That one True God therefore , who needs neither the Approbation ( Judgment ) nor assistance of Men , when he pleased , and as far as he pleased , gave the Empire of the World to the Romans , who gave it before that to the Assyrians and Persians . And a little lower , He that gave the Kingdom or Empire to Marius , gave it to Julius Caesar ; he that gave it to Augustus , gave it also to Nero ; He that gave it to Vespasian and Titus , two merciful sweet Princes , gave it also to Domitian , a most cruel Prince : And that I may not be forced ( saith he ) to run through all the Particulars , he that gave it to Constantine , a Christian , gave it to Julian an Apostate , whose great parts and Sacrilegious and detestable curiosity was deceived by the love of Empire ; who trusting afterwards in those vain Oracles to which he was too much addicted , and being too secure of the Victory they had promised him , burnt his Navy on the Tigris , which should have supplied his Army with Provisions , and rashly pursuing irrational Designs , was deservedly cut off in the Enemies Country . Now I would fain have our Jacobites tell me , whether the same True God has abandoned the Government of the World , and when he did so ? Did he give the Empire of the World to Nero , to Domitian , to Julian the Apostate , all Usurpers , and some of them Murderers of their Predecessors ? nay , to Marius , who was the very Image of Oliver Cromwel ? and has he not since that done any thing of that Nature ? Did not he that gave the Kingdom of England to King James , give it also to King William ? Did not the Primitive Fathers submit to , and pray for Nero , Domitian and Julian , though Murderers and Usurpers , as well as to Claudius , Titus , and Constantius . It was well known , Claudius left a Son , whose birth was never questioned , and that Nero was set up by the Intriegues of Agrippina his Mother ; Yet St. Paul owned his power to be God , Rom. 13. For in that Princes Reign , this Epistle was written , as Bishop Pearson proves in his Annals of St. Paul , pag. 15. But the Christians were few in number then . Well , but they were numerous enough in the second and third Century , but they were all of St. Augustin's mind then too , and left God to dispose of the Kingdoms of the World as he thought fit . Now how did they know that he had given the Empire in their times to this of that Man , but by the event ? and was that sufficient to justifie them in their acquiescing in , and submitting to , the Will of God thus discovered and will not the same be sufficient to us too ? Is not the same Providence as powerful and as vigilant in our times as in theirs ? For my part I was none of them that did , or durst have resisted or Rebelled against King James : but when he chose rather to leave his Kingdom , than to do his Subjects Right ; it was just with God and Men to confirm the Election he had made ; and seeing he would not continue in the Station , God had placed him in ( that of a Regular and Limited Monarchy ) but aspired to an Absolute and unlimited Arbitrary Empire , and persecuted those who had set him up and preserved him in his Throne ; It was just , I say , that God should say unto him as he did to Saul , Because thou hast rejected the word of the Lord ; he hath rejected thee from being King. Seeing you have provoked and deserted your People , and have fled into a strange Country , when you might by observing your Oath and your Laws , have lived happily in your own ; you shall the fruit of your own folly , and I will give it to a neighbour of thine that is better than you . Now I would fain know of my Country men , who are still dissatisfied , what I or any of the other Members of the Church of England , who never resisted King James till he left us , have done more than the Primitive Christians did in the like Circumstances ; and I would have them produce but one Example in all those times of a Christian that did scruple to submit to , or pray for , the Prince that was set over him , be his Title what it would . And when his hand is in , let him shew me the Christian that desired the Restitution of Dioclesian or Liciniu ; two persecuting Princes , who were as manifestly laid aside as King James was or could be ; supposing he was purely forced , and that there was nothing of his will in it , which yet were a very extravagant Supposition . 2. I come now to the Second thing , I proposed to examine , whether those who stand for the Non-resisting Doctrine are by it bound to endeavour the Restitution of James the Second , now he had deserted the Throne , and withdrawn his Person and Seals ? I have in part anticipated this Enquiry in the former part , as it was impossible to do otherwise , by shewing the Primitive Christians who owned and practised this Doctrine to the highest , did yet never concern themselves for the Titles or Successions of their Princes , but submitted to those they found in the Throne , good , or bad , by what Right , Title or Pretence soever they came in . The only reason that be given for this , is what I have assigned out of St. Augustin , viz. That the Kingdoms of the World were so particularly under the Government of God , that no person could usurp them without his particular Gift and Providence . They did not in this case make any difference between his Approbation and Permission : They knew and acknowledged this thing was managed in such manner , that it was impossible for Man sometimes after the utmost search to find out the reason of it ; but yet they said also with St. Augustin , God could approve nothing but what was just , and in this be sure nothing could happen but what he approved : no force , no fraud ever prevailed against any Prince that was in Possession , but by the Will , and Approbation of God Almighty . The only Objection that can be made against this , is , That this will seem to make God the Author or Approver of the ill things that have been done to good Princes in the several Ages of the World. To which I reply , That God has very great Reason and Justice in all his Actions , though it is not always known to Men. The best of Men have been guilty of great offences , some of which have not been known to Men in general , and others that were known have not been committed to writing , and are lost ; but when all things shall in the last Day be discovered , then it will appear , That God was just in all his ways , and righteous in all his works . And though God has pleased to settle the Kingdom of the World in certain Families and Persons as he thought fit , yet he has not thereby bound up his own hands so , that let them do what they please , every person that is by his Providence exalted to a Throne must necessarily Reign till his Death , and shall then be succeeded by none but his next right Heir . God never made a personal promise to any Family , but that of David ; and after that to Jehu : but in the Family of David ( as the Promise was in part conditional ) there were many false steps , and aberrations from the true Rules of an Hereditary Succession ; and for the sins of Solomen , God rent ten of the Tribes out of the hand of Rehoboam his Son , which never after returned under the House of David ; and though this is stiled a Rebellion , yet God owns that this thing was from him , 1 King. 12. 24. And the Family of Jehu ended in the fourth desent , as it was foretold . Now put these two together , That there is a particular Providence , that particularly concerns it self in the disposing of Crowns , against which neither Fraud nor Force can prevail : And , That God has an absolute Right , as well as full Power to dispose of the Kingdoms of the World as he please ; and accordingly has in every Age of the World , de facto , disposed of them ; and the Conclusion will be , That whosoever ascends a Throne , and reigns in any Kingdom , doth it by the Will and Appointment of God : And in this no Wrong is done by God , for he may dispose of what is his own , when and how he please : All Princes are Gods Ministers and Deputies , and , when he please , he may lay them aside , and set up others in their stead . And this in general is true of all Princes , Good and Bad ; but as to the latter , to what purpose are Prayers and Tears stiled , The Arms of the Church against persecuting Princes , if they were of no Force ? to what purpose should Men cry unto the Lord , because of the King , if he were resolved never to hear them ; or which is all one , never to help them ? And the Difficulty is the same yet ; if I may not accept of a Deliverance , when it comes . Why , if God is pleased to put an end to the Life of an ill Prince , and to set up the next immediate Successor , then I may say I am delivered ? But when did God oblige himself to this ? That he would exercise this most Sovereign Jurisdiction , over Princes , only one way ; and that every Prince should be succeeded by none but his next immediate Heir : Where has he obliged us to accept of no other Deliverance , and to reject all other Successors but those that we took to be right , with the loss of our Lives and Fortunes ? Did the Primitive Fathers of the Church act or write thus , or how come we to be under other Laws than they were ? If James II. governed us as he ought , according to his Laws and his Oath , we are bound , in Gratitude , to desire the continuance of his Government , and to be much concerned that we are not still under his Scepter ; for he was once the undoubted rightful King of England : But if it was otherwise , if he persecuted that Church , he promised and was bound to protect , and did not treat us like Englishmen , but like Slaves , what reason have we to desire , now we are delivered , to be again brought into the same Circumstances we so lately groaned under ? Nero , Domitian and Decius , the three first Persecutors of the Christian Church , all of them perished by the Sword ; but Valerian , the fourth , as he is reckoned by Lactantius , did not escape neither ; At illum Deus novo ac singulari poenae genere adfecit , ut esset posteris documentum adversarios Dei s●pe dignam scelere suo recipere mercedem : God took a new Course with him , and inflicted upon him a new kind of Punishment , that he might teach Posterity , That the Enemies of God do often meet with a Recompence worthy of their Wickedness ; for he being taken Prisoner by the Persians , lost not only his Sovereignty , which he had most insolently abused , but his Liberty also , which he had deprived others unjustly of ; and he continued in wretched Servitude to the Day of his Death ; not only destitute of Help or Pity , but scorned and trodden upon by his proud Enemy . Did the Christians of this Age petition for their old Persecutor , did they refuse to be under the milder Government of his Son Gallienus , because the Father was still living , tho' in Captivity ? No , he tells us , That this was added to his Punishment ; that though he had a Son , which succeeded in the Empire , yet there was no Revenger of his Captivity and Slavery , nec omnino repetitus est , nor was he , in the least , ever demanded or desired . Next after him arose † Aurelian , a mad and a rash Prince , who was cut off in the beginning of his Rage : After him came * Dioclesian , who was hardly persuaded to begin a Persecution , but raged more than any of his Predecessors ; soon after he fell into a Sickness , and was thought by the Violence of it to have been dead ; but tho' he escaped with his Life , he was a long time disracted , and was forced by Galerious , Imperio cedere , to resign the Empire , in the Year 305. † and although he lived to the Year 313. which was nine Years after he was deposed , none of the Christians of that Age desired he should again ascend the Throne . One of the last of the Pagan Princes , that persecuted the Church , was Licinus , upon whom Constantine made War , for that very Cause , and reduced him to a private Life , in Thrace , in the Year 324. and in the Year 325. put him to death , for endeavouring to recover his Throne : But neither here did the Christians , that were his Subjects , desire again to be under their Pagan Persecuting Prince , rather than under their Deliverer , Constantine . Julian the Apostate was the last Pagan Prince that reigned in the Roman Empire , and he perished in Persia , by an unknown Hand , within two Years and one Month ; and was followed , both living and dead , with the Detestation of that , and all the succeeding Ages . S. Ambrose , as he is cited by Grotius , de jure belli & pacis , saith , This Apostate had many Christian Soldiers under him , who when he commanded them , To stand to their Arms , against the common Enemy of their Country , obeyed him ; but when he commanded them to sight against the Christians , then they acknowledged the Emperor of Heaven : That is , they refused to serve him in this . And the famous Thebean Legion made this their Apology , We offer our Service against any Enemy ; but we esteem in an Impiety to stain them with the Bloods of Innocent Men : You may command our Hands against the Wicked and your Enemies , but we cannot butcher the Pious , and our fellow-Subjects . We do well remember , That we took up Arms for , and not against our Countrymen ; and we have ever fought for Justice , for Piety , and the Preservation of the Innocent : These things have hitherto been the Rewards of our Dangers . Shall we , oh Sir , ever be able to keep our Faith and our promise to you ; if we now fail of performing our Promise to our God ? They were then said to be led into France , to fight against the Bagaudae , a sort of outlawed Christians , who were forced , by the Iniquity of the Times , to take up Arms under Dioclesian ; and were all of them destroyed by Maximianus ; so that if that Story be true , it is a pregnant Testimony , That he Doctrine of Passive Obedience doth not oblige any Man to lend his Assistance to the Ruine of the true Religion . Beside these Pagan Princes , there were some Arian Princes , who treated the Catholicks of their Times very hardly ; and though none of the Christians of those Times rebelled against them , yet neither would the Catholicks assist the Arian Princes against the Catholick Bishops , as is plain in the Story of S. Ambrose , and the many Tumults at Constantinople , Antioch and Alexandria , in those Times ; and when these Princes sell by the Justice of God , in Civil or Foreign Wars , their Ends were looked upon as deserved : Thus Valens perished in Thrace , and Valentinian , the younger , at Vienne , the one by the Hands of the Goths , and the other by the Procurement of Arbogastes , an Usurper ; and the untimely Deaths of these two Princes , proved the Exaltation of Theodosius , the Resettler of the Catholick Religion , and the extirper of Arianism , in the Roman Empire . In all the various Events of these Times , the Providence of God ordered things for the good of his Church , and the Christians of those Times , left them to his Disposal , and submitted to those he set over them , quietly , and without disputing their Rights or Titles ; whereas Procopius , who claimed the Empire , as cousin to Julian the Emperor , perished in the Attempt , without pity , or the Regard of the Church . There is no part of the Reign of James II. that has not been examined and represented by many pens ; so that it were a needless , but an ungrateful Task for me , to rip it up again ; it may suffice to say , in general , Never any of our Princes so openly attempted the Ruine of the English Liberties , or went so far in it ; never did any Man more openly endeavour the Ruine of an established Religion , or by more illegal Courses than he : nor Laws , nor Oaths , nor Promises , nor Gratitude could restrain him ; he broke through all the Barriers God and Man had put in his Way , and seemed resolved to ruine us or Himself ; no Remonstrances from abroad , no Petitions at home , could work upon him , till he saw the Sword coming to cut up the Gourd he had planted , and was so fond of ; then indeed , he seemed to relent and to give back ; but still he would be trusted ; he would yield up nothing , but so as that he might , when the Danger was over , re-assume the same again . An English Parliament was the thing , in the World , he most hated , because he foresaw , if it was Free , there was an end , for ever , of the Hopes of setting up Popery in this Kingdom ; and that was his main and almost only Design ; and yet , as fond as he ever seemed to be of an Absolute and Uncontroulable Power , if he had been of our Church , he would not have hazarded all for it , but he would have managed Things with some Reserve ; but the Jesuites he took into his Bosom , and his Queen , especially , spurred him on ; and put him upon these Courses , only by representing to him the Glory and Merit of extirpating the Northern Heresies , and settling the Catholick Religion in England . Well , but what has he done since he left us , that may give us any Assurance , we were mistaken , as to what was past , or may hope for better Usage for time to come ? Why , there have been some General Promises made : In the Letter , pretended to be sent to the Lords and Commons of England , and after wards printed in London , he , or some other Person for him , tells us ; We are resolved , Nothing shall be omitted on our Part ( whenever we can with Safety return ) that can contribute towards the Redress of all former Errors , or present Disorders , or add to the securing of the Protestant Religion , or the Property of every individual Subject ; intending to refer the whole to a Parliament , legally called , freely elected , and held , without constraint ; wherein we shall not only have a particular regard to the Church of England , as by Law established , but also give such Indulgence to Dissenters , as our People shall have no reason to be jealous of , not expecting , for the future , any other favour to those of Our own Persuasion , than the exercise of their Religion in their own private Families . This Letter bears date at S. Germans en Laye , Feb. 3. 1688-89 : The Letter to the Convention of Scotland runs in a higher strain . WE think fit to let you know , That We have at all Times relied upon the Faithfulness and Affection of you , Our Ancient People , so much , that in Our greatest Misfortunes , heretofore , We had recou●se to your Assistance , and that with good Success to Our Affairs : so now , again , We require of you to support Our Royal Interest , expecting from you what becomes Loyal Faithful Subjects , generous and honest Men , that will neither suffer your selves to be cajoled , nor frighted into any Action misbecoming true hearted Scotchmen ; and that to support the Honour of the Nation , you will contemn the base Example of Disloyal Men , and eternise your Names , by a Loyalty suitable to the many Professions you have made to Vs : in doing whereof you shall chuse the safest part , since thereby you will evite the Danger , you must needs undergo ; the Infamy and Disgrace you must bring upon your selves in this World , and the Condemnation due to the Rebellious , in the next ; and you will likewise have the Opportunity to secure to your selves and your Posterity , the gracious Promises , We have so oft made of securing your Religion , Laws , Properties , Liberties and Rights , which We are still resolved to perform , as soon as is possible for Vs to meet you safely in a Parliament , of Our Ancient Kingdom : In the mean time , fear not to declare for Vs , your Lawful Sovereign ; who will not fail on Our Parts , to give you such a speedy and powerful Assistance , as shall not only enable you to defend your selves from any Foreign Attempt , but put you in a Condition to assert our Right against our Enemies , who have depressed the same by the blackest of Vsurpations , the most unjust , as well as the most unnatural of all Attempts ; which the Almighty God may for a Time permit , and let the Wicked Prosper , yet then must bring Confusion on such Workers of Iniquity . We further let you know , That we will pardon all such as shall return to their Duty , before the last Day of this Month , inclusive ; and that We will punish with the Rigor of Our Laws , all such as shall stand out in Rebellion against Vs or Our Authority . Given on Board the S. Michael , March. 1. 1689. A Jesuit , who printed a small Paper , under the Title of Advices given to his R. H. M. the Prince of Orange , by one of his most faithful Servants . Your Emissaries ( saith he ) made use of the Mantle of Religion , to create in the Minds of the People ( of England ) false Impressions , of the Designs of the King their Master ; whilst they who knew the Bottom of the Business ( the Jesuites ) and his true Intentions as well as you , are fully perswaded , That this is a good Prince , who desireth nothing but to pass the remainder of his Life in Peace ; and who would be well-contented to obtain from his Parliament , the free Exercise of his own Religion , without giving the least Disturbance to that which the greater part of his Subjects profess . It is not possible for you to take too much care to hinder this Truth from spreading it self amongst the People , &c. Thus the late King promiseth and threatneth ; and the true hearted Jesuite , who would not for the World speak one Tittle of Untruth , to an Heretick of the first Magnitude , voucheth for him , and would make the whole Society , that Holy Society , which has so great an Influence over the Mind and Actions of that good Prince , Garantee for the Performance of all these fine things : Nay , I will undertake , if the English Hereticks will once more put their Heads into the Yoke , That Lewis the Fourteenth , too , shall pass his Royal Word and unquestionable Faith , That James the Second shall , for the future , keep his Faith with them , in spite of all the Canons of the Church of Rome to the contrary , as well as he himself has his to his own Protestant Subjects . The Letter to the Convention of Scotland , was dated on Board the S. Michael , a French Ship , then in the Road of Brest ; and the late King was then passing in her into Ireland ; where he arrived the 12 th of March at Kinsale , with twelve French Men of War , three Fire-ships and eight Merchant-Ships . Now , notwithstanding the King's Promise of Pardon to those of Brandon , several were indicted at the Assizes , insomuch that thirty or forty of them fled and came to Bristol ; being frighted at the Bloody Proceedings against one Mr. Brown of Cork , who was hanged , drawn and quartered at the same Assizes . Several Petitions were also preferred for the Pardons of Sir Thomas Southwel and Captain Mills and many others , who being taken in their Way to the North , were carried to Galloway ; and there tried and condemned to die , but the King rejected their Petition ; but however , reprieved them for three Weeks , deferring it till his Arrival at Dublin , to which Place he set forward on the 21st of March. Nor was the rest of his Proceedings , in that miserable Kingdom unlike this beginning , all the English being plundered of all their Horses and Arms first , then of their Cattle and Houshold-stuff , and at last of their very Cloaths , that they might be reduced to a necessity of perishing by Hunger , Nakedness and Want ; and great numbers of them destroyed by pretended Legal Proceedings , because they would not at first Summons open their Doors , and suffer the Rabble to plunder them of all they had ; which I have had from some of my near Relations , who fled on that account . The twenty fifth of March a Proclamation was issued by him for the sitting of a Parliament the 7th of May , at Dublin , as it accordingly did : wherein they passed these Acts. I. An Act to levy 20000l . a Month for 13 Months . II. For repealing the Act of Settlement , and restoring old Preprietors . III. For Liberty of Conscience . IV. For taking off Penal Laws and Oaths . V. For taking off all Writs of Error and Appeals to England . VI. For taking off Valuation Money and other Rights from the Clergy . VII . For repealing the Act of the 23d . of October , 1641. VIII . No benefit of Clergy for two Years . IX . All Patents for Offices void . X. Ireland to be independent of England . They seized in the mean time all the Protestants Estates who fled into England ; and all this they effected by the 26th of June . 1. After this they passed an Act for repealing Poyning's Law. 2. Against counterfeiting Foreign Coins . 3. And an Act for the attainting of many hundreds of the Nobility and Gentry of Ireland , who were fled to England . But the Town of London-Derry holding out , and an Army being every Day expected from England , the 18th of July this Parliament was prorogued till October : And notwithstanding their Act for Liberty of Conscience , and the dreadful Expectation of a sudden Revenge from England , the Popish Clergy took possession of the Tithes and Church Revenues ; and many of the Protestant Clergy , were clapt up in Prison , in order to be sent into France . All that our discontented Party , here in England , have to say to all this is , That we must not believe all is told , as out of Ireland ; but they mean , That we must believe nothing of it , but call in King James , and try if he will use us at the same rate . We have a Proverb , That Experience is the Mistress of Fools ; and certainly none but such will come a second time under her Discipline , when they have so lately tried it ; and see every Day hundreds of the Nobility , Gentry and Clergy of Ireland flee hither to save their Lives , with the loss of all besides , who agree very exactly one with another in these dreadful Stories . Now let it be considered , That nothing was asked by the Bishops , in their Proposals , and by the Lords Spiritual and Temporal in their Petition of the 17th of November , but a free and legal Parliament , and the redress of our Grievances ; and that this was the principal thing insisted on by the Prince of Orange in his Declaration ; viz. That a free and legal Parliament might settle and adjust all things in Difference or Dispute ; and that it was obstinately refused till the 28 th of that Month , and then granted when it could be no longer denyed , the greatest part of the Nobility and Army being then gone over to the Prince . Let also that Passage in the Proclamation of the 30th of November be considered . For the reconciling all Publick breaches and obliterating the very Memory of all past Miscarriages , We do hereby Exhort and kindly Admonish all our Subjects to dispose themselves to Elect such Persons , for their Representatives in Parliament , as may not be byassed by Prejudice , or Passion , but qualified with Parts , Experience and Prudence proper for this Conjuncture , and agreeable to the Ends and Purposes of this Our Gracious Proclamation . And after this , that by his Message of the 8th of December , sent by the three Lords to the Prince of Orange , He promised , That he would consent to every thing that could be reasonably required for the security of those that came to it ; that is , to the Parliament . And that the 10th of December he sent for the Lord Mayor and Aldermen and Sheriffs of London to Whitehall , and again passed his Word to them , That though the Queen and Child were gone for France , He would stay with them ; And though this Evening he received such an Answer from the Prince to his Proposals , that he could not but acknowledge , It was fairer than he could or did expect ; Yet after all these solemn ingagements he burnt the Writs for the Summoning a Parliament , and went the very next Morning away for France , as his Roman Catholick Friends had foretold he would above a fortnight before . And who accordingly sent a Letter to him whilst he was at Salisbury , perswading him to come back from thence , and withdraw himself out of the Kingdom , and leave it in confusion ; Assuring him , That within two years or less the Nation would be in such Disorder , that he might come back and have his Ends of it : That is , Ruine both our Civil Rights and our Religion . When all these solemn promises were thus easily broken , or rather never intended to be kept at the very time they were made , and all those he has since made have been violated in Ireland , where only he had power to keep or break his word , what can we conclude , but that , as a Minister of State told our Planters , It is very undecent , not to say undutiful , to tax ( this ) King with his Promises ; Who of all Mankind has shewn the least regard in time past to them , and for time to come can never be blamed for any breach ? the Parties that take his word being alone responsible for their Incorrigible folly . Some of these Men have confessed to me , That if ever he be restored they expect to be treated as they were before ( without Truth , Justice or Mercy ) but yet if it be his Right , he must have it . And they cannot think his Right can be determined but by Death or a voluntary surrender , or a Conquest made by meer Foreigners , to the utter Ruine of the English Nation . And they will admit no Answer to these their Scruples , but what shall be palpable , convictive to that degree that they can make no Objection against it . Now if they admit all the dreadful consequences that attend this relapse , and yield up both Church and Nation to certain and inevitable ruine , only that they may not be damned for Perjury and Disobedience to a King that has left them when he might have staied ; and now offereth to return and do what he then refused ; What shall we also consent and sacrifice our selves and our Posterity to the humour or scruples of these Men ? Shall we suffer the English Church , Liberties , and the very People of England to be destroyed to gratifie two or three hundred persons ? I have been told from good hands , That one of our Bishops said , Though he could not satisfie his own Scruples , yet he thought the English Nation fools if ever they suffered King James to return ; and I may from hence reasonably conclude the far greatest part of our Scruplers are satisfied in the main , and do heartily wish they could also be of the same mind with the rest of their Brethren in the rest ; so that the cause is half obtained against them , and those that shall finally persist will , I hope , not meet with much Compassion , it being scarce possible there should not be a very great deal of Will in so much blindness . Our Neighbours abroad have observed with wonder , That England was delivered from an Arbitrary Government , which threatned the Ruine and Desolation of the whole Nation , and the Destruction of our Religion , without the shedding any of our Blood , and that the Army of our Deliverer has committed no Disorder or Rapine in any of our Places through which it passed . Now one would think the manner of our Deliverance were a Mercy almost equal to the Deliverance ; No , they cry , if King William the Third had entered England as William the First did , and had slain fifty or sixty thousand English Men in a Battle , then it had been a true Conquest , and would have justified our submission , and God would not have been offended with us if we had transferred our Allegiance from the beaten James to the Victorious King William . Now if Men were like Beasts , altogether distitute of the use of Reason , and capable of no Reflection but the terrour of a brandished and irresistable Sword , then there might perhaps be some force in this reason : but if a Man is conquered whenever he is brought to submit to another ; the Noblest as well as the most effectual Conquest is that of the Pen ; Swords conquer Bodies only , Reason and Interest , Justice and Mercy , subdue Souls too , and at once bring the whole Man under ; whereas Brutish force can triumph over none but the brutish half of a Man. A Lyon or a Woolf may master my Body and bring me under his power , so that I neither can nor durst resist him ; but none but an Hero can bring me to a willing Submission when I am free , none but an Hero would with his own hazard deliver me from Slavery when I were oppress'd . St. Peter saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . By whom a Man is overcome , him he must serve ; That is , he cannot resist him ; and it is as true , he whom I neither can nor durst resist , has conquered me . When James the Second was desired to leave Whitehall and go to Ham ; and sent to his now Majesty for leave to go rather to Rochester , than to any other place ; It was a plain Confession he was no longer Free , i. e. That he was brought into bondage , and consequently that he was conquered : if Conquest be nothing but the depriving a Man of the power of resisting , as I take it to be ; and that Servitude or Bondage is nothing but the effect of that deprivation . And in his Letter from Rochester he saith , He did not think it convenient to expose himself to be secured so as not to be at liberty to effect it ( to redeem the Nation from Slavery ) and for that reason to withdraw , &c. That is , he left England , because as long as he staied in it he was a Captive and liable to be secured . And by consequence he was conquered . The Roman Catholicks too , and those few of the Church of England , who still adhere to him , were conquered by force of Arms ; for they durst not resist , nay they durst not Print the Reasons why they will not comply , which is a plain Confession they are subdued . The rest of the Nation too was conquered not by the Sword , but by the Justice of his Arms ; and his Kindness to a miserable enslaved People designed for Ruine . And after all this , to query whether it is a real Conquest , is very absurd . But every Conquest will perhaps not create a just and good Title , but here it is confessed the present King had the most just cause to make a War upon James the Second , that ever Man had , by them who scruple to submit to him ; He managed this War also with the utmost justice , he did not enter into it till he had tried all other ways to obtain Justice , and was denied it and persecuted into boot , he offered to submit all his pretences to an English Parliament : and when that was rejected he managed the War with so exact a disciplie , with so little injury to the rest of the Nation , that the want of the effects of War , Blood and Rapine , is objected against his Victory . Every Man has not the Right of making a Conquest : a Subject that rebels against his Prince is but a Victorious Traytor if he prevail ; but William the Third was a Sovereign Prince when he entered England , and by the Law of Nations had a right to vindicate his , and his Ladies Injuries , and obtain by the Sword , what he could not get by a fair Treaty . But to what end is War allowed at all , if the Cause and the Effect must be separated , and the most just War in the end leave the Conqueror in the same state he was before ? No , but all Subjects , Right or Wrong , are bound to stand by their Lawful Princes in their most unjust Quarrels : and if at last they are subdued , their Allegiance must be reserved for the injurious beaten Prince till he die or freely resign ; that is , Victorious Sovereign Prince and a Prosperous Rebel , and a just and an unjust War , shall , according to these Men's Notion , have the same effect . Evagrius , in his Apology for the Christian Religion against Zozimus the Pagan Historian , thus bespeaks him : Let us , if you please Sir , consider the ends of those Princes who imbraced the Pagan Superstition , and the Deaths of those Princes that were Christians . Did not Caius Julius Caesar the first of them that obtained the Empire of Rome , perish by Treachery ? And was not Caius Caligula Murthered by his own Souldiers ? Was not Nero slain by one of his own Servants ? Did not Galba , Otho and Vitellius all perish by the Sword in the space of sixteen Months ? Did not Domitian poison his Brother Titus , and then he himself fall by the Sword of one Stephanus ? What will you say of Commodus ? Did not Narcissus lay violent hands upon him ? And did not Pertinax and Julian fall by the same means ? Antoninus , the Son of Severus , slew Geta his Brother , and soon after fell by the Sword of Martialis himself . Was not Macrinus the Emperour taken Captive by his own Souldiers , and being led about the Streets of Byzantium afterwards , was he not most Traiterously slain by them ? Aurelius Antoninus the Emperour who was born at Emisa , a City of Syria , was slain with his Mother . To what end should I speak of Maximinus , who was slain by his own Souldiers ? Of Gordian , who fell by the Swords of his too who were stirred up to it by Philip ? And were not Philip and Decius both slain by their Foreign Enemies ? Gallus and Velusianus by their own Armies ? And had not Aemilian the same Fate ? Was not Valerian taken prisoner , and carried about by the Persians till he died ? Was not Galienus , the Son of Valerian , slain by Treachery , and Carinus beheaded , and so the Empire fell into the hands of Dioclesian and those he associated to him in the Empire ; of which Maximianus Herculius , and his Son Maxentius and Licinius all fell by the Sword ? But from the time Constantine , a Christian Prince , became Emperour , to this , see if you can find any one who has reigned in Constantinople , except Julian the Apostate and Valens the Emperour , who have fallen by the hands of their own Subjects or of Foreigners , who both so grieviously afflicted the Christians ; nor has any Tyrant usurped against any of our Princes except Basiliscus , who rose up against Zeno the Emperor , and drove him from his Palace ; but was afterwards overcome by Zeno , and put to death . You cannot assign any other Emperor , but these two , that was slain in all this time . This happened in the Year of Christ 476. And Licinius was put to death in the Year 325. So that in the space of 151. Years no Christian Prince had been Deposed or Murthered by Domestick or Foreign Enemies in the East : And whereas , I observed before in the latter times of the Pagan Superstition , in the space of 110. Years , there were twenty nine Emperors in this period , which makes 151 Years , there was but twelve , of which number Julian and Valens were cut off by the Justice of God for Persecuting his Church . Now the force of all this Argument lies in this , That the Providence of God watcheth over Pious Princes to preserve them from Violence : and as he suffereth not persecuting Princes to end their daies in Peace , he looks graciously upon his Servants to preserve their Souls from violence and wrong , because they are such . But if it is said he has suffered some good Princes to be oppressed as he did Henry the Sixth and Charles the First ; I say the Judgments of God are sometimes unscrutable , and those that have any hand in such Actions , shall doubtlessly be responsible for it . But as for those who are meerly passive , as they could not hinder the ill things that happened in their times , they may and ought to commit them to God ; who in his due time will punish all unjust Usurpers , either in their Persons or in their Posterity . But then this new Doctrine of standing by wicked persecuting Princes , to the apparent and visible Ruine of the Church , or at least of those that imbrace it , was never heard of in the Church before , was never taught or practised by the Primitive Christians ; and is not any part of the Doctrine of Passive Obedience or Non-resistance : As they would not rebel against their Princes , how wicked or cruel soever they were ; so neither would they against God , whose only Right it is to dispose of the Kingdoms of the World ; without whose Approbation as well as Permission , no Force ever did , or ever shall , prevail ; who when he pleases punisheth the Wicked , and when he pleaseth pulls down not only unjust Usurpers , but those who have the justest Title . The great Thuanus makes this Reflection on the Deposition of Christian the Second , King of Denmark if Princes will Reign well and happily , they must govern their Affections , and not out of a violent lust of insulting over their Subjects give up themselves to the Conduct of their Passions , or otherwise they ought to assure themselves , God is a severe revenger , alway ready and delighting to pluck off their Thrones the most Proud and Insolent who shall abuse that Power he has intrusted them with . Nor is this less true of lawful Princes , than of unlawful Usurpers , no Title can exempt a Prince from being responsible to the Justice of God , and he will use his Power as he thinks fit , and punish one Man after one manner , and another in another ; some in this World , and others in the next ; and the Church in the best of times accordingly left it to him to dispose of the Government of the World : and as she did not anticipate his Judgments by disturbing the Peace of the World , whatsoever she suffered ; so neither did she think her self more wise or just than he , but submitted to those he was pleased in his Providence to set over her ; and would certainly have been very thankful for such a Deliverance as we of the Church of England have had , by the Ministery of our King , who like another Constantine has delivered us out of the hands of our Enemies , who designed to enslave and ruine us and our Posterity for ever . The Primitive Church in the best times took the words of St. Paul in their plain and literal sense , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The powers that are , ( i. e. in Possession ) are ordained or ordered of God. They never formalize or make any Exception , but Conquest , Election , Usurpation , were to them all alike , if once the Man was Established in the Throne ; And whereas they so frequently affirm , Empires are given by God , according to that of Tertullian , Apolog. cap. XXX . We Invocate for the Preservation of the Emperors , the Eternal , True , Living God , him whom the Emperors themselves would wish propitious above all others , for they know who gave them the Empire ( they know it as Men , ) and who ga●e them their breath . They feelingly know that he i● the only God in whose Power they only are , &c. There is no power but that of God that can touch the Person , the Power or the Life of any Prince . Thus Soz. in his Ecclesiastical History , Lib. VI. c. 35. reprehends the vanity of the Pagan Philosophers who had been too Inquisitive to find who should succeed Valens ; and the over great severity of that Prince in Executing many who had no hand in it , because their Names began with the Letters pretended to be discovered . If ( saith he ) these things are once agreed to depend ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) on the Motion or Course of the Stars , we ought to expect ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) The Prince that is thus decreed for us , whosoever it is : But if these things are ordered by the counsel of God , why do Men prie curiously into them ; for the fore-sight or endeavours of Men can never find out the Will of God. And if is were possible , it is not fit to be done , because the wisest of Men cannot order them ( the succession of Princes ) better than God. The Ancient Fathers and Primitive Christians do every where ascribe the Setting up and Pulling down of Princes to God only , as they do Raine and other such things ; and you shall never find any Exception , of lawful , or unlawful Powers , that were supreme in Fact in the Writings of the first Ages . To this purpose , see that Passage of St. Augustin De Civitate Dei , lib. V. c. 21. cited above . Some have alledged in answer to this , That we in England are under other Circumstances than the Primitive Church were , both in Relation to our Laws and our Oaths ; for the Law , Sir Edward Coke in his Pleas of the Crown , Chap. 1. p. 7. saith , upon the 25 E. 3. c. 2. This Statute is to be understood of a King in Possession of the Crown and Kingdom ; for if there be a King Regnant in Possession of the Crown , although he be Rex de facto & non de jure ; yet he is Seignior le Roy within the Purvieu of this Statute , and the other that hath Right and is out of Possession , is not within this Act. Nay , If Treason be committed against a King de facto & non de jure , and after the King de jure cometh to the Crown , he shall Punish the Treason done to the King , de facto . And a Pardon granted by a King de jure , that is not also de facto , is void , for which he cites 11 H. 7. c. 1. 4 E. 4. 1. 1 Ed. 4. 1 , 2. The words of the Statute are as followeth . The King our Sovereign Lord calling to his remembrance the Duty of Allegiance of his Subjects of this Realm , and that they by reason of the same are bound to serve their Prince and Sovereign Lord for the time being in his Wars , for the Defence of him and the Land , against every Rebellion , Power and Might reared against him , and with him to enter and abide in service in Battel , if case so require ; ( 2 ) and that for the same service what fortune ever fall by chance in the same Battle against the Mind and Will of the Prince ( as in this Land some time passed hath been seen ) that it is not reasonable , but against all Law , Reason , and good Conscience , that the said Subjects going with their Sovereign Lord in Wars , attending upon him in his Person , or being in other places by his commandment within this Land or without , any thing should lose or forfeit for doing their true Duty and Service of Allegiance , &c — That for the said deed and true Duty of Allegiance he or they be in no wise Convict or Attaint of high Treason , ne of other Offences for that cause by Act of Parliament or otherwise by any Process of Law whereby he or any of them shall lose or forfeit Life , Lands , Tenements , &c. or any other things , but to be for that Deed and Service utterly discharged of any vexation , trouble or loss . And if any Act or Acts or other Process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance , that then that Act or Acts or other Process of the Law , whatsoever they shall be , stand and be utterly void . ( 5 ) Provided always that no Person or Persons shall take any Benefit or Advantage by this Act which shall hereafter decline from his or their said Allegiance . Which is to be understood of the King in being , as the rest is , and against the same King. To this Statute it is alledged , That the Title of the Crown was then so ambiguous and uncertain , that it was hard to know where the Right lay ; which is a meer Cavil . The Title was as well known then as it is now , and is a thing of that Nature , that it can never be universally known ; but the greatest part of Mankind take those that are set over them , without further inquiry ; nor is it reasonable any Man should suffer for obeying them whom he cannot nor ought to resist : So that what some have said , That every one is bound to take notice of the right Title at his Peril is true , if the Person is in Possession , but false if he is out of Possession . Conquest , a voluntary Surrender , and a wilful Desertion of a Crown , will put an End to the best founded Title in the World , as I think is universally agreed ; so that if the Party pretending , has a Title , why is he not in Possession too ? if he is outed by his own Act , I am absolved ; if by the Force and Power of another , why then , he is conquered : and both waies ( especially if I had no hand in it ) I am , and ought to be absolved before God and Man. But then not only the three Estates of England , but all the Princes and Sovereign States in Christendom ( except the King of France ) have allowed King William and Queen Mary , as the rightful Sovereigns of England ; which is a kind of giving Judgment against the late King , after hearing what has been alledged on both sides . So that this Case is determined by all the ways that are possible ; and must absolve any Man that submits now to that which is the only Supreme Power in England . As to the Oaths taken to the late King , they create no new Obligation upon us as to the Extent or Duration of our Allegiance ; I was under the same Obligations of Allegiance , before I was sworn , as I was afterwards ; and every Subject of England , oweth , by the Laws of England , a natural Allegiance to his Prince before he is sworn , as every Man ows naturally Obedience to God , before he entreth into the Baptismal Covenant : And so the Primitive Christians were under the same Obligation to their Princes we are , tho' I do not find they ever swore any Allegiance to them . 2. This Allegiance is no everlasting Obligation as to time ; Death , a voluntary Resignation , a wilful Desertion , or a lawful Conquest will put an End to it . 3. It is no wild , unlimited Obedience , whilst it lasteth , but is plainly limited by the Laws of God and the Laws of the Land , and if I obey further actively , I am responsible to God and Man for it . I come now to the Words of the Oaths , which may seem to create any Scruple ; which in the Oath of Supremacy I suppose may be these . I do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness , his Heirs and Lawful Successors ( and to my Power ) shall assist and defend all Jurisdictions , Priviledges , Preheminences and Authorities granted or belonging to the King's Highness , his Heirs and Successors , or united and annexed to the Imperial Crown of this Realm . Where first I observe , No Man is bound beyond his Power , but that all those who stuck to the late King , till he left the Nation , and another took Possession of his Place , are thereby disabled and freed from attempting any further . 2. That the Authorities I am to defend are such only as belong to the Crown of England by the Laws of England ; which are to limit my Allegiance ; but by the Law of England , my Allegiance is now transferred to another , and cannot be due to two in opposition each to other ; so that if I persist in my Allegiance to James II. I am punishable by these very Laws ; therefore my Allegiance , which was a legal Allegiance is determined . That in the Oath of Allegiance , which may be objected , is this , I will bear Faith and true Allegiance to his Majesty , his Heirs and Successors , and him and them will defend , to the uttermost of my Power , against all Conspiracies and Attempts whatsoever , which shall be made against his or their Persons , their Crown and Dignity , by reason or colour of any such Sentence or otherwise , &c. Now this Oath , which binds us to the Person , as the other did to the Power , is capable of the same Limitation , and is to be limited both as to its Duration and extent , by the Laws of England , and the Law of Nations ; and therefore is determinable the same way the other was . The Power , and uttermost Power , reserved and expressed in these Oaths , is a Legal Power , and therefore no Man is by these Oaths bound to exert his Natural Power for any Prince , when he may by the Laws of England be punished as a Traytor for so doing ; it being a Legal and not an Illegal Allegiance we promise by them . If King James would have been contented with the Preheminences , Priviledges , Authorities and Jurisdictions granted and annexed , or belonging to the Crown of England , I believe no Body questions but he had been still King of England ; but by grasping at others , which did not belong to him , he cut off his own Succours , and hindred those that otherwise would have defended him and them from doing it : He would not be content with those that belonged to him , and they could not fight for , or defend any other ; and between these two his Power fell to the Ground , by his own Default ; and his withdrawing put an End to his Sovereignty ; and put our present King and Queen in the actual Possession of all those Legal Jurisdictions , Priviledges , Preheminences and Authorities , which he was formerly vested with ; and it is now the same Sin to resist them , it was formerly to resist him . There may possibly be some , who will lightly regard what ever I or any other Man of this Age can say to them ; will they then vouchsafe to hear one of the most Noble and Royal Orators that ever spoke to men , Constantine the Great , in his Oration to the Holy Assembly . Chap. 24. Of the calamitous Deaths of Decius , Valerian and Aurelian , three Emperors who persecuted the Church . And now I ask thee , O Decius , who didst once insult over the Calamities of the Just , who didst hate the Church , who didst inflict such Punishments on those who lived most piously : What art thou doing in the other World ? with what and how dreadful Circumstances art thou surrounded ? Yea , the remainder of thy Life ( after it ) in this World , and the manner of thy ▪ Death shew thy Felicity , when thou and all thy Army fell in the Scythian Fields : And the celebrated Roman Empire , by thy Fall became ( after this ) contemptible to the Goths . And thou , O Valerian , when thou didst enter into a bloody War against the Servants of God , hast thereby made his Justice known to Men ; being taken Prisoner by the Persians , and kept in Chains in thy Purple and Royal Robes . After which thou wert flea'd ( being dead ) by Sapores , King of Persia , and thy Skin , by his Order , ta●●ed and kept as an eternal Trophy of thy Misfortune . And thou , O Aurelius , the unjustest and most wicked Incendiary , how much hast thou discovered his Justice , whilst madly invading Thrace , thou wert cut off in the Field , and didst de●ile the surrows of the Publick Road with thy wicked Blood ? Chap. 25. Of Dioclesian , who basely resigned the Empire , and was struck with Lightning for persecuting the Church . Dioclesian also , after a wicked Slaughter and cruel Persecution , condemning himself , through distraction , was reduced to a private Life , and punished with the Restraint of a mean House . What did he get by his War against our God ? Why , that he was ever after afraid of Thunder and Lightning . Nicomedia saith this , and they who saw it will not be silent ; among whom I my self was one . The Palace was consumed , and his very Chamber burnt with Fire from Heaven ; and thereupon wise Men foretold what would follow , for they could not conceal their Thoughts , nor suppress their Resentments at the ill things were done , but openly and publickly , with assurance , said one to another , What madness is this ? what boasting in human Power for a Mortal to begin a War against God , and injuriously to affront the most chast and holy Religion ? and without any Cause or Provocation to contrive the Destruction of so many just Men , and of so numerous a People ? What a famous Master and teacher of Modesty to his Subjects will he appear ? How rarely he teacheth his Soldiers to take Care of their Countrymen ? Why , they stab their fellow Subjects bravely , who in Fight never saw the back of a beaten Enemy . At last the Providence of God undertook the avenging this Impiety , tho' not without the publick Hurt ; for so much Blood had been shed by him , that if he had slain as many of the Barbarians as he did of his own Subjects , we might have procured a long Peace by it . But the whole Roman Army being then in the Hand of a mean-spirited Prince , who had acquired it by Force , his whole Army perished , when God was pleased to think fit to restore the Romans to their ancient Liberty . The Voices of oppressed Men , who cryed to God for Help under their Burthens , and begged the Return of their natural Liberty ( are not forgotten ; ) nor the Praises they returned when they had regained it , and saw an end of their Calamities : Did they not declare to all the World , How much they admired the singular Providence and paternal Love of God to men , when their Liberty , and the Equity of their Contracts was restored ? That is , when they were delivered out of the Hands of perfidious Tyrants , and became subject to a Prince who would keep his Faith and Promise to them . They may be pleased to consider , How much of this was our Case ; and ask their Consciences , If the self-same Divine Justice and Providence has not appeared in our Times also , and whether we have not as much Reason as they to be pleased and thankful . Having thus dispatched what I think fit for the present to be offered to the Friends of the late King ; I come now to that part of the Nation , who being satisfied and highly pleased with the present State of Affairs ; may therefore be called , in contradistinction , the Williamists . Many of these of late have appeared very pertly against the Doctrine of Non resistance and Passive Obedience ; and discoursed of it with a Contempt and Scorn , as if it were one of the worst and most exploded Doctrines in the whole World ; and full as Antichristian as that of deposing Kings , and disposing of their Kingdoms . Now , these two being directly contrary each to other , in all probability one of them is true . If we of the Church of England are not in the right with the Scriptures , and all Primitive Antiquity on our side ; it is fairly probable , They of the Deposing Church are ; for their Claim is older than the Peoples : But the Mischief is , the Devils is older than either ; for he pretended to our Saviour , when he had shewed him all the Kingdoms of the World , and made a conditional Tender of them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . All this Power and Glory is delivered into my Hands , and I give it to whomsoever I will : Now this was long before People or Pope put in any Claim , and before the latter of these had any Being . The Pope , it is true , claims under the People , but the Devil in his own Right : But I believe neither of them can shew their Charter , though the Devil claimed by a Grant ; and so I shall leave him and them , Pope and all , in the intire possession of their several Rights , if any they have . The Doctrine of Non-resistance has been often proved the genuine Doctrine of the best Ages of the Church ; and that so fully and clearly , that those who would not yield to the Force of the Proof , have not been able to deny the Truth of it , but have been forced to pretend it was only Temporary , and doth not oblige all Ages ; which is hardly Sense ; or that the Church is now in other Circumstances than she was then ; which is not true neither ; for in some Places she is now under the same or worse Circumstances ; than she was in the three first Centuries , and consequently , they at least , are under the same Obligations the Primitive Christians were ; and therefore this very Doctrine is of eternal Verity , and will have its Use till the End of the World. The command is general , the Examples of it are general , and it is now confessedly necessary in Turky , and all Countries where Christianity is oppressed ; and by consequence every where , except some Body can shew , We have one Gospel for the Afflicted , and another for the prosperous Daies of the Church ; or one Remedy , viz. that of Patience was prescribed to our Ancestors , and another directly contrary to us ; which if any Man can shew , when and where it was done , I shall be very thankful . But it may be pretended it has been stretched too far ; and that some of the Church of England have written too much in Favour of Wicked and Tyrannical Princes , even to the encouraging them to do worse than otherwise they would : To this I say , The Heat of Controversie has in other Instances mis-led Men as well as in this ; and the Doctrine of Non-resistante is nevertheless true , tho' their Notions of it should happen to prove too loose or too large . Let it then be fairly and truly stated once for all , and then let it be as it ever has been , The Glory of the Church of England , and the Bulwark of all Religious Kings and States , against the Rage of Mutinous and Rebellious Spirits , who pretend to sight for God's Truth , against the Laws and Governments of their Countries . If any Man thinks some of the things that were done in the heat of the late Revolution cannot be justified , without exploding this Doctrine : I say those are the Faults of a few Men , and better it is to leave them to their own Master , than to set up our selves against the Doctrines of Christianity to excuse them . The Men of our Generation have all the Infirmities that have gone along with the former ; and being so highly provoked by a handful of perfidious ungrateful Miscreants , what Wonder is it if the Temptation , which was so strong , prevailed over the Restraint , and made them guilty of some Irregularities , which according to the strict Rules of the Gospel , cannot be justified ; such things have happened in the best of the former Ages , and will happen again in those that shall follow us . But the Rule of Christianity ought to be preserved , notwithstanding , and delivered down to our Posterity just as we received it . Those that have appeared against this Doctrine have done their Majesties Two great Injuries . First , They have exasperated the Dissatisfied Party in the Nation , and made them harder to be won over ; they concluding , that this Revolution was not the Work of God , because so many of those who have defended it , have made it their business to ridicule or confute the Doctrine of Passive Obedience , as if there were no other way than that to justifie it . But then they are well assured this is as certain a Principle of the Christian Religion , and was ever practised by the Primitive Church in the five first Centuries ; and from thence they conculde , the Men that do this and all other that joyn with them , have made a Defection from this Doctrine , and from the Church of England ; and they think themselves bound in Conscience to oppose all those that are thus united , lest they should seem betrayers of this Loyal , Holy , Excellent Doctrine , and of the Honour of that Church that hath ever taught it . Secondly , They have deprived them , as much as in them lies , of that religious awe and reverence , which is due to all Crowned Heads and Sovereign States . If they are the Ministers of God , if they are the Powers ordained by God , then is all resistance of them a sin against God. But these Men write as if it were lawful to resist when they pleased , and whom they pleased ; which , if it is true , I am very confident it will not be long before they will pretend they have cause , or some other for them ; and so all Princes shall be deprived of their best Safegard , the fear of God over-awing their Subjects , as the just avenger of such as rebel against their rightful , lawful Princes , and the Laws of their Country . As there must be in every Country a Supreme Power lodged somewhere , against which there is no Appeal but to God ; so that Power must be acknowledged to be Sacred and Irresistable , by the Laws of Christianity : and this is as true of Commonwealths as Monarchies , for wheresoever the Supreme Power is lodged , it is the Ordinance of God , approved by his Word , and settled by his Providence , whosoever then resisteth that Power , resisteth the Ordinance of God , and shall receive to themselves Damnation . He , then , that shall endeavour to destroy this Obligation , and to persuade Men they are not bound in Conscience to submit to the Laws and lawful Governors of their Country , contradicts this plain Doctrine of the Apostle , and exposeth the Supreme Powers in all Countries to the Rage and Fury of the Multitude , or any Faction that is potent , and thinks it self injured ; and consequently he is an Enemy to all Government . But then though I am bound not to resist , I am not equally bound to assist , my hands may be tied both ways ; If I live in a Pagan Country , where Christianity is Persecuted by the Supreme Power , I must suffer and ought not to resist ; but then I am not to lend my assistance to that State to encourage or enable it to destroy this Religion , but I must be meerly passive in that case . And this was the case of England , we were persecuted against Law , by a handful of Men , who expected to ruine us by our own hands ; and we were bound not to assist them in this wicked and foolish Project ; and for want of our assistance they could not justifie or carry on the Enterprize : and when they came to be called to an Account by a Prince who was no Subject , and consequently was not under the Obligation of not resisting their Injustice and Oppression ; so they fell an easie Victim to his Arms , and we were delivered out of their hand , not by any resistance we made , but by refusing to assist them ; and they that went no farther than this ( which it is certain the greatest part of the Nation did not ) are justifiable by the strictest Rules of Christianity , and the Practice of the best Ages . To conclude , I would advise even those who have no kindness for the Doctrine of Non-resistance , to speak modestly of it ; it has such Characters of Divinity to shew , that it will deserve this respect at their hands , if they are Christians : And as to those that are not , those that despise all revealed Religion ( for they of late have been very witty against it ) they ought to shew some reverence to it , for the sake of Government , and to preserve the Peace of the World in which that sort of Men have a greater interest than others ; for their All lies in this World , and they pretend to nothing in the next ; and if the World be imbroyled , let the pretence be what it will , their happiness must necessarily be very much abated , and perhaps their Machines destroyed , and then there is an end of them . FINIS . LICENS'D , August 27. 1689. J. Fraser . Notes, typically marginal, from the original text Notes for div A28559-e150 History of the Desertion , p. 48. Ad Scapulam c. 2. Apolog. C. XXXV . F●seb . H. E. lib. 7. c. 1. lib. 10. c. X. de Vita . Const . lib. 2. c. 2. Tertul. Apol. cap. 6. Anno Christi 295. Cum Ecclesia pace gauderet : & proinde in Maximilianum animadvertitur ob spretam Militiam , non ob fidem Christia●am . Grotius . Cap. 2. Tanta hominum multitudo , pars pene major Civitatis cujusque . Dan. 4. 17. De civitate Dei , lib. V. cap. 21. Lactantius de mortibus persecutorum . Euseb . H. E. lib. VIII . c. 13. Euseb . l. 7. c. 13. missis literis persecutionem adversus nostros commotam sedavit . † Euseb . H. E. l. 7. c. 30. p. 231. * Euseb . l. 8. c. 13. Lactantius de mortibus persecut . † Jaacius & chronicon Alexandrinum , say , he lived to the Year 316. Lib. 1. cap. 1. § 9. Socratis H. Eccl. lib. 2. cap. 12 , 13 , 27. ☞ Bishop Ken. L● vrai Interet des Princes Chretiens , P● 176. Hist . Eccl. lib. III. cap. 41. See the 1. Collect , for the 5 th of Novemb. Thuanus , Ann. 1559. Rom. 13. 11 H. 7. c. 1 Magna cha . c. 29. 2 E. 3. c. 8. Constantini oratio ad sanctorum caetum . 
A34717	----	The forme of government of the kingdome of England collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of England upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such Parliaments were called, and the acts that passed upon those and the like occasions : Henry I, Iohn, Henry 3, Edward I, Edward 2, Edward 3, Richard 2, Henry 4, Henry 5, Henry 6, Edward 4, Henry 7, Henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. Cotton, Robert, Sir, 1571-1631. This text is an enriched version of the TCP digital transcription A34717 of text R21849 in the English Short Title Catalog (Wing C6492). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 38 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A34717 Wing C6492 ESTC R21849 12684198 ocm 12684198 65726 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34717) Transcribed from: (Early English Books Online ; image set 65726) Images scanned from microfilm: (Early English books, 1641-1700 ; 252:E150, no 15) The forme of government of the kingdome of England collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of England upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such Parliaments were called, and the acts that passed upon those and the like occasions : Henry I, Iohn, Henry 3, Edward I, Edward 2, Edward 3, Richard 2, Henry 4, Henry 5, Henry 6, Edward 4, Henry 7, Henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. Cotton, Robert, Sir, 1571-1631. 19 p. Printed for Tho. Bankes, London : 1642. Attributed to Robert Cotton. Cf. BLC. Reproduction of original in Thomason Collection, British Library. eng England and Wales. -- Parliament. Prerogative, Royal -- England. Great Britain -- Politics and government. Great Britain -- Kings and rulers. A34717 R21849 (Wing C6492). civilwar no The forme of governement of the kingdome of England: collected out of the fundamental lawes and statutes of this kingdome. Wherin is manifes Cotton, Robert, Sir 1642 5996 36 0 0 0 0 0 60 D The rate of 60 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2005-08 TCP Assigned for keying and markup 2005-10 SPi Global Keyed and coded from ProQuest page images 2006-05 Taryn Hakala Sampled and proofread 2006-05 Taryn Hakala Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE FORME OF GOVERNEMENT OF THE KINGDOME OF ENGLAND : Collected out of the fundamental Lawes and Statutes of this Kingdome . Wherin is manifested the customary uses of the Kings of England upon all occasions , either of Marriage , Peace or Warre , to call their Peeres and Barons of the Realme to be bartners in Treatizes , and to give their juditious advice : the State and security of the whole Kingdome depending upon such Counsells and determinations . Likewise the names of the Kings , and the times when such Parliaments were called , and the Acts that passed upon those and the like occasions . Henry 1 Iohn Henry 3 Edward 1 Edward 2 Edward 3 Richard 2 Henry 4 Henry 5 Henry 6 Edward 4 Henry 7 Henry 8 Published for the satisfaction of all those , that desire to know the manner and forme of the Governement of the Land , and the fundamentall Lawes of the Kingdome . London , Printed for Tho. Bankes , 1642. That the Kings of England have beene pleased usually to consult in their great Counsells of Marriage , Peace , and Warre with their Peeres and Commons in PARLIAMENT . TO search so high as the Norman Conquest , it is necessary to lay downe the forme of Government of those times , wherein the State of affaires led in another forme of publique Councels : For the people ( wrought under the Sword of the first William , and his followers , to a subjected Vassaladge ) could not possesse in such Assemblies the Right of their former Liberties , Divisions and Power having mastered them , and none of their old nobility and Heads , being left either of credit or fortunes . What he retained not in providence as the Demeasnes of the Crowne ) or reserved in Piety ( as the maintenance of the Church ) he parted to those Strangers that sayled along with him , in that Barque of his Adventure ; leaving the Natives for the most part ( as it appeares by his Survey ) in no better condition , then villany ; moulding their Customes to the manner of his owne Countrey ; and forbore to grant the Lawes of Saint Edward , so often called for . To supply his occasions of men , money , and p●o 〈…〉 on ; hee ordered that all those , that enjoyed any fruit of his Conquest , should hold their Lands proportionable by so many Knights fees of the Crowne ; admitted them to enseoffe their followers of such part● ( as they pleased ) of their own portions , which to ease their charge they did in his and his sonnes time by two Feoffments , the one de novo , the other de veteri . This course provided him of the body of his warre ; the money and Provision was by headage assested the common people by the co●sent of their Lords ; who held in all their Seigniories such Right of Regalitie , as to their Vassalles ; so as ( saith Paris ) quot Domini , tot Tyranni : and proved to the King so great a curbe and restraint of power , that nothing f●ll into the Care of Maiestie afterward more , then ●o retrench the force of this Aristocracy , that was in time like to strang●e the Monarchy . Though others foresaw the mischiefe betimes , yet none attempted the remedy , untill King Iohn , whose overhastie undertaking brought in those broyles of t●e Barrons warres . There needed not before this any ca●e to advise with the Commons in all publique Assembly , when every man in England by Tenure , held himsel●e ●o his great Lords will , whose presence was ever required in those Councells ; and in whose assent his dependant Tenants consent was ever included . Before this Kings time then we seeke in vaine for any Commons called , they were called ever for making of Lawes , but not to consult touching warre or Peace T●e fi●st ( as may bee gathered ) though darkely ) by the Records ) that used their Counsells and Assents , was t●is King in the sixt yeare of his Raigne : here are the first summons on record to the Peeres or Barrons , tractaturi de magnis & ardius negotiis . It was about a warre of defence against the French . And that the Commons were admitted at this time , may fitly be gathered by the ordinance ; Provisum est communi assensu Archiepiscoporum , Comitam , Baronum , & aliorum fidelium nostrorum Angliae , quod nomen milites Angliae invenirent decimum , &c. And this was directed to all the Shirefs in England . The auncient use in publique lawes . From this time , there is a breach untill 18. Hen. 3. where the next Summons extant , is in a Plea Rolle of that year , but the ordinances are lost , from thence the Records afford us no light untill the 49 of the same King , where then the Summons to the Bishops , Lords , Knights , and Burgesses are much in manner , though not in matter alike to the use in our times , this Parliament was called to advise with the King pro pace assecuranda & firmanda , they are the words of the writt ; and where advice is required , consultation must be admitted . To this King succeeded Edward the first , his Sonne , a wise , just , and fortunate Prince . In his Raigne we have no light of publique Councell of this kind ; And so along to the fourth of his Granchild , but what we borrow out of the Rolles of Summons , wherein the forme stood various according to the occasions , untill it grew constant in the forme it is , about the entring of Richard the second , the Journall Rolles being spoiled by the injury of time or private ends . This King in the fift of his Raigne called a Parliament , and therein advised with his Lords and Commons , for suppressing Llewellin Prince of Wales : And hearing that the French King intended to invade some peeces of his inheritance in France , summoned a Parliament ad tractandum , ordinandum , & faciendum cum Prelatis , Proceris & aliis Inco●is Regni , quomodo huiusmodi periculis & excogitatis militiis sit obviandum ; inserting in the writt , that it was Lex notissima & provida circumspectione stabilita , that that quod omnes tangit , abomnibus approbaretur . In the thirty fourth of his Raigne super ordinatione & stabilimento Regni Scotie , he made the like convention . His Sonne , the second Edward , pro solempnitate Sponsalium & Coronationis , consulted with his people in his first yeare , in his sixth yeare , super diversis negotiis statuum Regni & expeditione Guerre Scotie specialiter tangentibus , he assembled the States to advise : the like he did in his eight yeare . The French King having invaded Gascoigne in the thirteenth yeare , the Parliament was called super arduis negotiis Statuum ducatus Vasconie tangentibus ; And in the sixteenth to consult ad refraenandum Scotorum obstinantiam & malitiam . Before Edward the third would resolve in his first year , whether Peace or warre with the Scotish King ; he summoned the Peeres and Commons super praemissis tractare & concilium impendere . The Chancellour Anno the fifth declareth from the King , the cause of that Assemby , that it was to consult and resolve , whether the King should proceed with France for recoverie of his Seignories , by Allyance of marriage , or by warre ? And whether to redresse the disobedience of the Irish , he should passe in person or noe ? The year following he resembled his Lords and Commons , and required their advice , whether he should undertake the holy Expedition with the French King , or no ? The Bishops and Proctors of the Clergie would not be present , as forbidden by their Canons such Councels . The Peeres and Commons consult , applauding the Religious and Princely forwardnesse of their Soveraigne to this holy enterprise , but humbly advise forbearance this year , for urgent reasons . The same yeare though at another Session , the King demaunding the advice of his people , whether he should passe into France to an enterview as was desired , for expediting the treatie of Marriage : the Prelates by themselves , the Earles and Barons by themselves , and the Knights of Shires by themselves , consulted apart , for so are the Records , and in the end resolved , that to prevent some dangers likely to arise from the North : it would please the King to forbeare his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advise he followed . In the following Parliament at York , the King sheweth , how by their former advice he had drawn himselfe towards the North parts , and now againe he had assembled them to advise further for his proceedings . To which the Lords and Commons having consulted apart , pray further time to resolve , untill a full assembly of the States , which the King graunting , adjourneth that Session . At their next meeting they are charged upon their Allegiance and Faith , to give the King their best advice ; the Peeres and Commons consulting apart , delivered their opinions ; And so the Parliament ended . In the thirteenth yeare , the Grandees and Commons are called to consult , and advise , how the domestique quiet may be preserved , the ma●ches of Scotland defended , and the Sea scoured from enemies . The Peeres and Commons having apart consulted , the Commons after a desire not to be charged to counsell in things de queux ils n'ount pas cognizance , answers that the Guardians of the Shires assisted by the knights may effect the first , if pardons of felons bee not granted : The care of the marches they humbly leave to the King and his Councel , And for the safeguard of His Seas , they wish that the Cinque Ports and Maritine Townes ; discharged for the most part from many Burthens of the Inland parts , may have that left to their charge and care : and that such as have Lands near the Courts be commanded to reside on those possessions . The Parliament is the same yeare reassembled , advisamento Prelatorum , Proceram , nec non Communitatis , to advise de expeditione Guerrae in partibus transmarini● . At this Ordinance are made for provision of Ships , arraying of men for the marches and defence of the I le of Iersey , naming such in the Records , as they conceived fit for those imployments . The next yeare de la poole accompteth the expences of the warre ; a new ayde is granted , and by severall Committe●s , in which divers were named that were not Peeres of Parliament , the safeguard of the Seas , and defence of the Seas are consulted of . In the fifteenth yeare de assensu Praelatorum Procerum . & alioram de Concilio , the Kings passage into France is resolved of . Anno. 17. Badlesmore in place of the Chancellour declareth unto the Peeres and Commons ; that whereas by their assents the King had undertaken the warres in France , and that by the mediation of the Pope a Truce was offred : which then their Soveraign forbore to entertain without their allowance . The Lords apart consult , and also the Commons , returning by Sir William Trussell in answer their advise , and desireing to compose the Quarrell , approve the Truce and the Popes mediations , The Popes undertaking proving fruitlesse , and delayes to the French advantagious , who in the mean time with Scotland and others practised to roote out the English nation in France : The King againe assembled his Parliament the yeare following : in which the Peares and Commons after many dayes of deliberation , resolve to end it , either by Battaile or Peace , and no more to trust upon the mediation or message of his Holinesse . In the 21. yeare the Chiefe Iustice Thorpe declaring to the Peeres and Commons , that the French Warres began by their advice : the Truce after by their ass●nts accepted and now ended . The Kings pleasure was to have their Counsells in the procecution . The Commons beeing commanded , que ils se devoient faire assembler , & fils essent agree le devoient monetre an Roy & al Grandees de son Councell , after 4. daies consultation , humbly desire of the King , that he would bee advised herein by his Lords and and others of more experience then themselves in such affaires . To advise the King the best for his French Imployments , a Parliament was summoned Anno 25. herein the King by a more publique dispatch willeth the Commons to elect 24. or 30. of their House to consult with the Lords , these to relate to their fellowes , and the Conclusion generall to the King . In the 27. a great Councell is assembed , many of the Lay Peeres , few of the Clergy : and of the Shires and Burroughs but one a piece . This was for the prosecution of the French warres , when an honourable Peace could not bee gotten . But the yeare following a Truce being offered , the King forbore to entertaine it , untill he had the consent of his Peeres and Commons which they in Parliament accorded unto before the Popes notary by publique Instrument . The dallying of the French in the conclusion of Peace ; and the falling off of the Duke of Brittaine ( having wrought with France by the reputation of the English succours ) is the yeare following declared in Parliament , and their advice and ayde required for the Kings proceedings . In the thirty sixth yeare he calleth his Parliament to consult whether Warre or Peace by David the King of Scotts , then offered , should be excepted . In the Fortieth yeare the Pope demanding the Tribute of King Iohn , the Parliament was assembled ; where after consu●tation apart , the Prelates , Lords , and Commons advised the deniall , although it bee by dint of sword . In the forty third yeare the King declared to the Peeres and Commons , that the French , against the Articles of the Truce , refused payment of the monies , and delivery of the Townes , summoning La Brett , and others of the Kings Subiects in Gascoigne , to make at Paris their appeales , and had forraged his Countrie of Poitiers : requiring in their breach , whether hee might not resume the Style and quarrell of France . The Lords and Commons having apart consulted , advise the King to both , which he approving , altered the inscription and figure of his Seale . Two yeares after it was declared to the Peeres and Commons , that by their advise he had resumed the Style and Quarrell of France ; and therefore desired their advise for the defence of the Reame against the French , securing of the Seas , and pursuing of the Warres . Of which they consult , and resolve to give the King an ayde . The like Counsell and supply was the very next yeare following . In the Fiftieth yeare , a Parliament to the purpose of the former two , was sommoned ; and the yeare following , the King in Parliament declaring how the French had combined underhand against him with Spaine and Scotland , required their advice , how peace at home , the Teritories abroad , securitie of the Seas , and charge of the Warre might be maintayned . I have the longer insisted in observing the carriage of these times so good and glorious , after ages having not left the Iournall entries of Parliament so full , which therefore with a lighter hand I will passe through . Richard the second , the Grandchild succeeded to the Crowne and troubles , having nothing worth his great fortunes , but his great Birth . The first of his Raigne , hee pursued the steps of his wise Grandfather , advising with his Peeres and Commons , how best to resist his enemies that had lately wronged divers of his Subiects on the Sea coasts . In the second yeare hee againe consulted with his people , how to withstand the Scotts , who then had combined with the French to breake the Truce . In the third yeare hee called the advise of his Parliament , how to maintaine his Regality , impared by the Popes Provisions , who to resist Spayne , France , and Scotland , that had raised Warres against him , how to suppresse his Rebells in Guyon and Ireland , and to defend the Seas . In the fourth yeare of his Raigne , he called the like at Windsor . The yeare following in a great Councell , the King having purposed a Voyage Royall into France , now called his Parliament to determine further of it . And it is worthey your observation , that for the most pa●t before any propositions of warre or Peace w●re vented to the Commons , a debate thereof precedeth in the great Councell to shape in fitter for popular advise . The quarrell with Spaine continuing the Duke of Lancaster offereth a voyage against them , so as the State will lend him money : after consultation they grant an aide , but not to binde them to any continuance of warre with Spaine . In the sixth the Parliament was called to consult about the defence of the Borders , the Kings possions beyond the Seas , Ireland and Gascoyne , his Subiects in Portugall . The Lords approve the Dukes intentions for Portugall , and the Commons that the Bishop of Norwich having the Popes Crosyer should invade France . The same yeare the State was called againe to consult , whether the King should goe in person to rescue Gaunt or send his Army . The Commonsafter two dayes debate , craved a conference with the Lords . The effect is not entred in the Rolle onely they by Sir Thomas Puckering their Speaker , protest that Councells for war did aptly belong to the King and his Lords , yet since the Commons were commanded to give their advice , they humbly wished a voyage by the King , if not , that the Bishop of Norwich might with the advantage of the Popes Crosier be used in that Service , who accepted , the charge with ill successe , he further for the Commons prayeth , that the Kings Vncles should not be spared out of the Realme before some Peace was setled with the Scotts ; And that the Lord de Lars-par sent with Propositions of Peace from Spaine might first bee heard . The Chancellors in the seventh yeare in name of the King willeth the Lords apart , and so the Commons to consult , whether Peace or Warre with Scotland , and whether to resist or assault the Kings Adversaries of Spaine , France , and Flanders : Their opinions are not entred in the Rolles , an omission usuall to the Clarkes neglect , onely their Petitions are recorded , that the Bishop of Norwich may accompt in Parliament the expence of the money , and be punished for his faults in the service , which hee undertooke , both which are granted . And at the next Session in the same yeare , the Commons are willed to advise upon view of the Articles of peace with the French whether Warre or such Amitie should bee accepted ? They modestly excuse themselves as to weake to Counsell in so weighty causes ; But charged againe as they did tender their honour , and the right of the King , they make their Answer , giving their opinions rather for Peace then Warre . Peace with France not succeeding , in the eighth year , the body of the State was called to advise , whether the King in his owne person ; or by sending forces against the French , Spaine , Flaunders and Scotland , should proceed . The King haveing this yeare assembled at Oxon his great Councell to advise , whether he should passe the Seas or no , with an Army Royall ; and they not daring to assent without a greater Councell : A Parliament the tenth yeare was called to have the advice of the Commons , aswell as of the Lords , how the Realme should be governed in their Soveraignes absence . The Truce with France now neare expired , the Parliament was called in the thirteenth yeare to advise upon what condition it should be renewed : otherwise how the charge of warre should be sustained . At this Assembly and by consent of all , the Duke of Lancaster is created Duke of Aquitaine , the Statutes of provision were now pas●ed , and the Commons are named a party , in the letter to the Pope . The yeare succeeding a Parliament is called , for that the King would have the advice of his Lords and Commons for the warre with Scotland , and would not without their Counsell conclude a finall peace with France . The like Assembly for the same causes was the yeare ensuing , wherein the Commons desire the King to use a moderation in the Law of provision , to please at this time their Holy Father , So as the Statute upon their dislike might again be executed , And that to negotiate the peace with France , the Duke of Aquitaine might rather then any other , be imployed . To consult of the Treaty with France for the King in the seventeenth calleth a Parliament , the answer of the Lords is left unentred in the Rolle , but the Commons upon their faith and allegiance charged , advise that with good moderation , homage may be made for Guyen , an appenage of the French Crowne , so as it intrench not to involve the other peeces of the English conquest , their answer is modest , large , and worthy of marke . Now succeeded a man that first studied all popularity , as needing all to support his Titles , He in the fifth year called a Parliament , to suppresse the malice of the Duke of Orleance , and to advise for the warres in Ireland and Scotland , neither counsels or supplies are entred in the Rolle , and to resist an Inovation intended by France and Brittaine , he assembleth the State againe . The like was in the two yeares following for Fraunce . In this the Commons conferr with the Lords for Guard of the Sea , and make many Ordinances to which the King assented : the Peace with the merchants of Pruce , and the Hanstowns is debated , and a Proclamation published , as they resolve , by the Speaker the Commons complain of 96. peeces of Ordinance lost in Guyen the yeare before , the need of defence for the Borders , and Guard of the Sea coasts . To suppresse the Rebellion in Wales , and the disloyalty of the Earle of Northumberland , they humbly desire , that the Prince may be dispatched into those parts with speed : and to have a vigilent eye of the Scottish Prisoners . In the tenth the Parliament is commanded to give their advice about the truce of Scotland , and preparation against the malice of the French . His Sonne , the wise and happy undert●ker , consulteth with the Parliament in his first yeare , how to cherish his Allies , and restrain his Enemies , for this there wa● a select Committee of the Commons , appointed to confer with the Lords , the matter being entered into a Schedu●e . Touching Ireland , Wales , Scotland , Calice , Guyen , Shipping , Guard of the Seas , and wary provision to repulse the Enemy . In the Second he openeth to the Parliament his title to France , a quarrell he would prosecute to death : if they allowed and ayded , death is in this Assembly , enacted to all , that either break the Truce , or the Kings safe conduct . The year following peace being offred by the French King , and the King of the Romanes arrived to effect the worke , the King refuseth any conclusion , untill he had thereunto the advice and assent of his Lords and Commons , which occasion the Chancellour declareth to that Assembly . In the fourth and fifth , no peace concluded with France , the King calleth the State together to consult about the Warre , concluding a Treaty of Amitie with Sigismund King of the Romanes , by the allowance of the three States , and entreth the Articles in the Iournall Rolle . In the same yeare by the Duke of Bedford , in the Kings absence a Parliament was called to the former purposes , as it appeareth by the Summons , though in the Rolle omitted . The like in the seaventh year . And the Treaty with France is by the Prelates , Nobles and Commons of the Kingdome perused and ratified in the tenth yeare of this King . His Sonne more holy then happy succeeded , and adviseth in the second year with the Lords and Commons for the well keeping of the peace with France , consulteth with them about the delivery of the Scottish King , and the conclusion is confirmed by common assent . In the third yeare they are called to advise and consent to a new Article in the league with Scotland , for charge of Hostage , and in the ninth yeare conclude of certain persons by name , to treate a peace with the Dolphin of France . The Treaty of Arras , whether the Pope had sent as mediators two Cardinals , not succeeding the King in Parliament , Anno 14. sheweth that he must either loose his Title , Style , and Kingdome of France , or else defend it by force : the best meanes for provision whereof he willeth them to advise him . He summoneth again the next year the same Councel to advise how the Realme might be best defended , and the Sea kept safe against the Enemies . In the twentith the Commons exhibite a Bill for Guard of the Se● , the number of ships , assesse wages , and dispose of Prizes if any fortune , To which the King accordeth . And that the Genowaies might be declared Enemies , for ●ssisting the Turk in spoyle of the Knights of Rhodes , And that the priviledge of the Pruce and Hanstownes might be suspended , untill composition be made to the English for wrongs they had done them . To the which in part the King accordeth . The King by the Chancellour declareth in Parliament , that the Marriage with Margaret the King of Sicily his daughter was contracted . For induceing the peace made with France . Against the which the Lords not by their advise effected , make a protestation , and enter it on the Rolle . The King intending to passe in person into France , there to treat of Peace with the King , adviseth with His Lords and Commons in Parliament , and letters of Mart are granted against the Brittaines for spoyles done to the English Marchants . The Lord Hastings and the Abbot of Glou● , declare in Parliament the preparation of the French , the Breach by them of the Peace , the weake defence of Normandy , and the expiration shortly of the Truce : requiring speedy advice and remedie . It injoyned the Parliament to provide for the Defence of the Sea and Land , against the French . It was commanded by the King to the States assembled , to advise for the well ordering of his House , payment of his Souldiers at Calice , Guard of the Seas , raysing of the Seige at Berwike made by the Scots against the Truce : Disposing of 1300. Souldiers arrayed the last Parliament : According of differences amongst the Lords , restraining the transportation of Gold and Silver , and quieting the disorders in Wales , of all which Committees are appointed to frame Bills . Edward the fourth by the Chancellour declareth to the Lords and Commons , that having made peace with Scotland ; entred league with France and Denmark , contracted with Burgundy and Brittaine for their aide for the recovery of his right in France , he had now assembled them to give their Cousell in proceeding , which charge in a second Session was again pressed unto them . The like was at another Parliament held in the eleventh yeare . After this time the Journals of Parliament have bin either not well preserved , or not carefully entred , for I can find of this nature no Records , untill the first of Henry the seaventh , wherein the Commons by Thomas Lov●ll their speaker , petition the King to take to wife Elizabeth the daughter of Edward the fourth , to which the King at their request doth agree . The next is the third of Henry the eighth in which from the King , the Chancellour declareth to the States the cause of that Assembly to be first , to advise a course for resisting the innovation of the Scots : the next , how to quiet the quarrell between the King of Castile , and the Duke of Gelders , lastly for assisting the Pope against Lewes of France , whose Bull expressing the injuries done the Sea Apostolique , was read by the Master of the Rolles in open Parliament , after which the Chancellour , There and other Lords were sent downe unto the Commons to confer thereof . The last is in the two and thirtieth yeare wherein the Chancellour remembring the many troubles the State had undergone in doubtful Titles of Succession , declareth , that although the convocation had judged void the marriage with Anne of Cleve , yet the King would not proceed without the Counsell of the States , whereupon the two Arch-bishops are sent downe to the Commons with the sentence sealed , which being there discussed , they passe a Bill against the Marriage . In all these passages of publique Counsels , I still observe , that the Soveraigne Lord either in best advise , or most necessitie would entertaine the Commons with the weightiest causes , either forreine or domestique , thereby to apt them and bind them to a readines of Charge And they as warily avoiding it to shine expence . FJNJS . Notes, typically marginal, from the original text Notes for div A34717e-270 William the Conqueror . Domesday . Edmerus . Huntington . Ex Libro feodorum in Sccio . Hen. 1. stat . Ex Libro rubro Sccij . Chronicon de Durst●ble . Paris . Benedict . monac . in vita . H●n . 2. Gervasins Doubo . Iohn . Roger Wendon . Claus. 6. Io. in dors . Claus. 6 , Io. pt. 2. in dors . Hen. 3. Plita de Bau co . 18. Hen. 3 Claus. 49. Hen. 3. iij . An. 11. Dors Edw. 1. Ex Rot. part in Archinis Loud . Claus 5. Edw. 1. iij . 12. Dors. Claus. 7. E. 1 iij . 3. Dors. Claus. 34. E. 1. Dors. Edw. 2. Claus. 1. E. 2. iij . 19. Claus. 6. E. 2. iij . 3. Claus. 8. E. 2. iij . 3. Claus. 13 , E. 2. iij . 13. Dors. Claus. 16. E. 2. iij . 27. Edw. 3. Claus. 1. E. 3. Rotl . Parl. 5. Edw. 3. Parl. 6. E. 3. Rotl . Parl. 6. Edw. 3. Ses . 2 ij . 6. Rotl . Parl , 7 Edw. 3. Rotl . Parl. 7. Edw. 3. Sess. 2. ij . 6. Parl. 13. Edw. 3. Rot. Parl. 13. Edw. 3. Sess. 2. da . Parl. 14. E. 3 Parl. 15. E , 3. Parl. 17. E. 3 Iohn 21. Parl. 18. Edw. 3. Parl. 21. E●w . 3. Parl. 25. Edw. 3. Parl. 27. Edw. 3. Parl. 36. Edw. 3. Parl. 4● . E●w . 3. Vrbane 5. Parl. 43. Edw. 3. Parl. 45. Edw. 3. Parl. 46. Edw. 3. Parl. 50. Edw. 3. Parl. 51. Edw. 3. Rich. 2. Parl. 1. Ric. 2. ▪ anno 5. stat . 6. Parl. 2. Ric. 2. anno 2. Parl. 3. Ric. 2. anno 7. Vrban , 6. Parl. 4. Ric. 2. anno 2.3 . Parl. 5. Ric. 2. Sess. 1. Parl. 5. Ric. 2. Sess. 2. Parl. 6. Ric. 2. Sess. 1. Parl. 6. Ric. 2. Sess. 2. Parl. 7. Ric. 2. Sess. 1. Sess. 2. Parl. 8. Rich. 2. Claus. 9. Rich. 2. Parl. 10. Rich. 2. Parl. 13. Rich. 2. Claus. 13. Rich. 2. Boniface 9. Parl. 14. Rich. 2. Parl. 15. Rich. 2. Parl. 17. Rich. 2. Hen. 4th . Parl. 5. H. 4. Parl. 6. H. 4. Claus. 7. Hen. 4. iii 33 iii . 57 iii . 59. Parl. 10. Hen. 4. Hen. 5. Parl. 1. Hen. 5. Anno 9. Parl. 2. Hen. 5. Rot. Parl. An. 3. Hen. 5 Parl. 4. & 5. Hen. 5. Parl. 5. H. 5. Parl. 7. H. 5. Parl. 10. Hen. 5. Hen. 6th . Rot. Parl. 2. Hen. 6. Rot. Parl. 3. Hen. 6. 9. Hen. 6. Eugenius 4.14 . Hen. 6. Parl. 15. Hen. 6. Anno. 20. Hen. 6. Anno. 23. Hen. 6. Parl. 25. Hen. 6. Anno 3. Anno. 27. Hen. 6. Anno 29. Hen. 6. Anno. 33. Hen. 6. Edw. 4. Anno 7. Anno 11. Edw. 4. Hen. 7. Parl. 1. Hen. 7. Hen. 8 , Rot. Parl. 3. Hen. 8. Iulius 2. Rot Parl. 32. Hen 8. Ex instrument . Original . 
A31743	----	Numerus infaustus a short view of the unfortunate reigns of William the Second, Henry the Second, Edward the Second, Richard the Second, Charles the Second, James the Second. Caesar, Charles, 1636-1707. 1689 Approx. 118 KB of XML-encoded text transcribed from 67 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A31743 Wing C203 ESTC R20386 12259127 ocm 12259127 57753 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31743) Transcribed from: (Early English Books Online ; image set 57753) Images scanned from microfilm: (Early English books, 1641-1700 ; 175:12) Numerus infaustus a short view of the unfortunate reigns of William the Second, Henry the Second, Edward the Second, Richard the Second, Charles the Second, James the Second. Caesar, Charles, 1636-1707. [4], 89 [i.e. 125], [3] p. Printed for Ric. Chiswell ..., London : 1689. Written by Charles Caesar. Cf. Halkett & Laing (2nd ed.). Advertisements: [3] p. at end. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- II, -- King of England, 1056?-1100. Henry -- II, -- King of England, 1133-1189. Edward -- II, -- King of England, 1284-1327. Richard -- II, -- King of England, 1367-1400. Charles -- II, -- King of England, 1630-1685. James -- II, -- King of England, 1633-1701. Great Britain -- Kings and rulers -- Biography. 2006-06 TCP Assigned for keying and markup 2006-07 Apex CoVantage Keyed and coded from ProQuest page images 2006-10 Mona Logarbo Sampled and proofread 2006-10 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Numerus Infaustus . A SHORT VIEW Of the Unfortunate Reigns OF WILLIAM the Second . HENRY the Second . EDWARD the Second . RICHARD the Second . CHARLES the Second . JAMES the Second . — sine Caede , & Sanguine pauci Descendunt Reges , & siceâ Morte Tyrrani . London : Printed for Ric. Chiswell at the Rose and Crown in St. Pauls Church yard , 1689. LICENSED . June 25. 89. J. Frasier TO THE READER . MEeting accidentally the other Day with a Passage in Heylins Geography which he sets down in these words . p. 225. I will present you with a fatal Observation of the Letter H. as I find it thus versed in Albions England . Not superstitiously I speak , but H this Letter still . Hath been observed ominous to Englands good or ill , &c. A sudden Conceit darted into my Thoughts ( from the Remembrance of former Reading ) that such Kings of England , as were the Second of any Name , proved very unfortunate Princes both to themselves , and to their People , Whereupon I consulted the English Chronicles , and out of them I have drawn a summary Narration of the Lives and Reigns of Six Kings . For the Matter of Fact I have faithfully adher'd to the History , and yet I have not transcribed their Method , Style , or Language . The Writing of this was an Entertainment for afew of my idle Hours , and perhaps the Reader may be pleased to divert himself for a few Minutes , in the Perusal , Numerus Infaustus . THE LIFE and REIGN OF WILLIAM the Second , Nick-Named RVFVS THE First William gain'd England by Conquest , and bequeath'd it to the Second by Will. By his Invasion he usurped the Right of his Cosin Edgar ; and by his Legacy he infringed that of his Heir . He put out Harold the unlawful Possessor of the Kingdom ; and put by Robert his Lawful Successor . William the Second of that Name , of fewer years than his Brother , but of greater Interest in the Inclinations of his Father , with hasty Steps ascended the Throne , entring the Royal Palace at the wrong Door . He indear'd himself to the one by the resemblance of Humours , and the roughness of his Temper ; and over-reach'd the other by the Credulity and Easiness of his Disposition : Giving no more deference to the Obligation of Promises , than to the Right of Primogeniture . His Vows to God , his Word to his Brother , and his Ingagements to his Subjects , were all plighted with a like sincerity , and with the same Integrity observ'd , and maintain'd . He was positive and sturdy , and that pass'd for Valour ; He was crafty and politick , and that was reported for Wisdom : He was accounted Religious , when he pursued his own Temporal Advantages , and was reputed prophane , when he invaded the priviledges of the Church : He was immeasurably covetous , only in Order to the being unreasonably profuse ; and under the pretence of Religion he committed the greatest Acts of Enormity and Impiety . His incontinency was not taken notice of , because he could not transgress the Vow of Matrimony ; and tho' in speculations and Disputes he seem'd concern'd for Religion , yet by his Actions he appear'd to be a practical Atheist . The course of his Life was turbulent and uneasie ; and the manner of his Death violent , and untimely . He was no sooner mounted on the Throne , but troubles arose to discompose his quiet . Robert his Eldest Brother highly resenting this great Injury , to be justled out of his Seat by the partiality of his Father , and the Incroachment of his Brother ; began to think of some timely Expedients for the Recovery of his Right , and being assisted in his pretensions by several of the Nobility in England ; as Odo Bishop of Bayeux and Earl of Kent , Roger Montgomery Earl of Shrewsbury , Hugh de-Grandemenil , Robert Moubray Earl of Northumberland , William Bishop of Durham , and divers others of the Clergy , and Nobility ( who raised great forces , and possessed themselves of many considerable places ) the King was constrain'd to compound for his Peace , by an assurance of three Thousand Marks per Annum to his Brother during Life , and the Reversion of the Crown of England after his decease ; and by a Solemn promise to restore to the people their Ancient Laws , and to indulge them the Liberty of hunting in his Forests . By these condescensions he dissipated the present Storm that impended over his Head , and gain'd some short Respite from his growing Troubles . This Tempest was hardly allay'd in the South , but fresh Clouds began to gather in the North. Malcolin King of the Scots thinking it a fit Opportunity to purvey for himself , and inlarge his Borders , when his Neighbour was imbroyl'd with intestine Commotions ; makes a sudden and furious incursion into Northumberland , over-runs the Country , burns and destroys all before him , and returns home loaden with the spoils of the Inhabitants , without the least hinderance , or opposition . And tho it was not long , before King William was sufficiently revenged on his Invader , whom he reduced to the necessity of paying the Ancient Homage due to the Crown , and to give assurance of his future fidelity by New stipulations ; yet such an enterprise could not be accomplished , without a vast expence of Treasure , and a great loss of Men. The King ( who was very prodigal of his promises , but slow and penurious in the performance ) neglected the payment of the Composition made with his Brother Robert ; whereupon he makes his Application to the King of France ; who presently furnish'd him with considerable supplies , by which Assistance he assaulted and took several Towns in Normandy ; and by his success obliged King William again to raise a powerful Army , and to transport them into that Country ; where tho by his crafty Address he avoided the Effusion of Blood , and the consumption of his Forces , yet he wasted his Treasure , and purchased a Truce with the King of France , by the mediation of Mony. And now all things were calm and quiet , but not long so ; the Skie began to be overcast with gloomy exhalations , and troubles arose upon an occasion as unusual , as unnecessary . Malcolin King of the Scots was a generous and magnanimous Prince , and being at Peace and full Amity with his Neighbours , he undertook the Toyl of a Journy as far as Gloucester , to pay a Royal Visit to his Ally and Friend the King of England : Who either out of a Humour , Pique or Pride , would not vouchsafe so much as to see him ; which Barbarous return to the Civility of the affronted King did so exasperate him , that he posted back to his own Country , made ready a powerful Army with all Expedition , and again infested Northumberland , Ravaging thro' the Country without Comptrol , and enriching his Followers by the Ruin and desolation of harmless and unconcerned people . And tho' in the prosecution of this design he lost his Life , and the Life of Edward his Eldest Son , and his whole Army intirely Routed and Defeated ( being drawn into an Ambuscade by Robert Moubray the Kings Lieutenant ) yet King VVilliam suffer'd a great diminution of his Honour and Fame , by so unhospitable a Refusal of a common Respect to his equal in Degree and Title . The King , who was never happy in any long intermission of those distemper'd Fits that shook him , fell now into a snarp and dangerous Paroxysme . The VVelchmen taking Notice of the Kings incessant Troubles and Distractions ; to gratifie both their Revenge and Avarice , enter'd the English Borders , and making use of such Advantages as naturally attend a surprize , they became Masters of many Towns and strong Holds , committing all manner of Outrage and Hostility , exercising that Malice , which they bore to the King , upon the Lives and Estates of his innocent Subjects . The King with great industry and care , got together a handsom Army , with which he marched in Person toward them , promising to himself an easie and a cheap Victory : But he was disappointed of his purpose , and forced to retreat with all speed to London to compose an Army of greater strength , and Number . In the mean time to increase his perplexity , Robert Moubray Earl of Northumberland , ( who had done him such signal Service in repelling the Scots , and destroying their King ) finding himself disregarded , and no competent Honour , or Reward designed for his singular Merits , began to be Male-content ; and joyn'd in an open Conspiracy against his Lord and Master . But the King reinforced with an Army far stronger than ever he had imbodied before ; took , and imprison'd the Earl , and enter'd the VVelch Territories , where not being able to provoke them to the Decision of a Battle , he persued them with Stratagems , Erected many Castles and Forts , that so by degrees he might become Master of the Country : But they retreating to the natural Fortifications of Woods , Mountains , and inaccessible passages , did so baffle him in his Attempts , and so harass and tire out his Souldiers , that he thought it most advisable to withdraw from the Enterprise , and to commit the further prosecution of it to his Lieutenants , who in time utterly subdued those Naked and Wild people , but not without horrible Instances of Cruelty , and Barbarity . Thus we have seen a Man advanced to a Throne , invested with Regal Authority , surrounded with all the external Glories , and Felicities of a Diadem ; yet denied the inward satisfaction and Tranquillity of a quiet and peaceable injoyment of his Acquisitions . Hitherto we have observed , how Invasions from abroad , and distractions at home render'd his Life uneasie : Let us now take an Account of his immoral , and irregular Actions , which made his Person unacceptable , and his Reign unfortunate to his Subjects . He assumed to himself an immoderate and Licentious Power to supply his necessities by the detriment and spoil of others . And because in his Time the Clergy was of all Ranks of Men the most opulent , he found them the most proper Objects of his Rapine , and Oppression . When any Bishoprick , or Abby became vacant , he presently seized the Revenues into his own Hand . He kept the See of Canterbury four years to his own use , and would have done it longer , but that a desperate Sickness put him into a Fit of Devotion ; for being at the brink of Death , and ready to expire , he resolved to commute for his Intrusion , by the donation of those Livings , which ( as he thought ) he could no longer detein , and hastily conferred the Arch-Bishoprick of Canterbury upon Anselm , and and the Bishoprick of Lincoln upon Robert Bloët : But no sooner was Health restor'd , but his old Inclinations return'd , and no other Tokens of Repentance appear'd , but a Remorse and Sorrow for parting with two such rich Morsels ; for he never desisted from importuning and tormenting the two poor Bishops , till he squeesed good Sums of Mony from Anselm , and five thousand pounds from Bloet . He kept in his Hands at one time three ●●●●opricks ( Canterbury , VVinchester , and Salisbury ) and twelve Abbies ; all which he set out to Farm , and gather'd the Profits of them into his own Coffers . Being obliged to pay a great Sum of Mony to the King of France , he found this Invention to procure it ; He pretended a resolution to make War , and a sudden irruption into Normandy , in order to which he levied twenty thousand Men ( by Press and other coercive means ) who being drawn to the Sea side , and ready to imbarque , he order'd it to be signify'd and made known , that because he could more commodiously levy men in Normandy ( without the Toyl and Charge of transporting ) whosoever would pay Ten Shillings toward the raising of such Forces , should be excused from going on that Expedition , which proffer was so grateful and plausible to the Army , that there was hardly any man that did not greedily comply with the proposal . He added extortion to Usury , took up Mony by indirect Courses , and imploy'd it to unjust purposes ; he would not supply his Brother with Mony ( tho upon a pious undertaking to the Holy Land ) without a Mortgage of his Dutchy of Normandy ; and he could not raise it but by exactions , and compulsory Loans , so that to advance the Sum , the Bishops melted their Plate and the Temporal Lords destroyed their Tenants . Spiritual Preferments were not given , but sold by Auction , and he received from Thurstan Five Hundred Pounds for the Abby of Glastenbury ; and fell out with Anselm , because he would not give a Thousand Marks for being made Arch-Bishop of Canterbury . He arrogated to himself the Glory of Building Westminster-Hall ; but His Subjects were at the Expence , who believed , that he rear'd that Fabrick only for a pretence to lay a heavy Tax upon the People , and was a great gainer by the Project . If the Preists transgressed by carnal deviations from the strict Rule of their Profession , the Pennance was in the Purse ; and a composition with the King was as effectual , as a Sacerdotal Absolution . And because he received very great Profit by particular Indulgences given to the Jews , he incouraged the Relaps of such as were converted to Christianity , accounting it no matter to be Followers of Christ , so they were but Benefactors to him . Among other Faults laid to his Charge , it is worth observing , that he is noted for imposing excessive Fines upon diverse of the Nobility , for small offences . Having by his Avarice and Severities wearied his Subjects , and disposed them to seek for Safety and Liberty in other Countries ; He unexpectedly issued a Proclamation that no man should depart the Realm without his License , for the purchase of which he did not care to lose a Subject . While Promoters , Informers , and such sort of State-Caterpillars were his principal Favorites , and Partakers of his Grace and Bounty . He had a mind to be reputed an exact Observer of his Word and Promise . And perhaps he was so in matters of small Importance : But when Profit and Advantage came to be weighed , Self-interest soon turned the Scale . He made a solemn Agreement with his Brother Robert , to bequeath the Crown of England to him ; but it does not appear , that he remembred the Ingagement , or ever had an intention to be just to his Word . When he was pressed by an intestine War , and by the Loyalty and Valour of the English rescued from the Rebellion of his Norman Followers , he promised a restitution of their Ancient Laws , and an indulgence to some Priviledges which were much valued by the people of those times ; but with the necessity the obligation ceased , and he became a Bankrupt of his Word and Promise . As little did he regard his Promises to God his Creator , for being dangerously sick at Gloucester , and despairing of Recovery , he made a Solemn Vow , that if he were restored to his Health , he would lead a New Life , and give over all his disorderly Courses , but the restoration of his strength was accompanied with the return of his former vicious inclinations , and he became ten times more the child of wrath , than he was before . He is reported to be very lascivious and incontinent , but in regard he did not defraud his own Wife , ( having never been married ) and was not observed to debauch the Wives of other Men , he only passeth for a simple Fornicator , and even in that not at all curious , not entertaining a select Concubine , but promiscuously trucking with any Woman that came in his way . To shew how conscientious he was in matters of Religion , take the words of Sir Richard Baker in his Chronicle of England , p. 35. He appointed a Disputation to be held between Christians and Jews , and before the day came , the Jews brought the King a present , to the end they might have an indifferent hearing ; the King took the present , encouraging them to quit themselves like Men : And swore by St. Lukes face ( his usual Oath ) that if they prevailed by Disputation , he would himself turn Jew , and be of their Religion . A young Jew on a time was converted to the Christian Faith , whose Father being much troubled at it , presented the King sixty Mark , intreating him to make his Son to return to his Judaism ; whereupon the King sent for his Son , commanding him without more ado to return to the Religion of his Nation : But the young Man answered , he wondred his Majesty would use such Words ; for being a Christian he should rather perswade him to Christianity : With which Answer the King was so confounded , that he commanded the young Man to get him out of his sight . But his Father finding the King could do no good upon his Son , required his Mony again . Nay ( saith the King ) I have taken pains enough for it ; and yet that thou mayst see how kindly I will deal , you shall have one half , and the other half you cannot in Conscience deny me . In one Act he shew'd himself a Tyrant , and an Atheist , for fifty Gentlemen being accused for Hunting and killing the Kings Deer , he caused them to be condemned to the Trial by Fire , which they escaping untouch'd by the miraculous Providence of God , and he thereby defeated of his greedy expectation by the Confiscation of their Estates , fell into an outragious Passion , and cry'd out , How happens this ! is God a just Judg in suffering it ? Now a Murrain take him that believes it . But vengeance from Heaven soon overtook him that did not believe it ; for the King ( though warned by Dreams and other uncommon Presages , of some approaching Disaster ) appointed , a Hunting in the new Forest upon the second of August . When the day came , he began to be perplexed with the remembrance of those ominous Bodings , and stay'd within till Noon : But having at Dinner driven away all care and fear , by drinking himself into hardiness and security , he mounled his Horse , and eagerly folowed the Chase : shortly after Sir Walter Tyrrel , a Knight of Normandy ( to whom the King at their going out had given two Arrows very strong and sharp , telling him , That he knew how to shoot to purpose ) having a very fat Buck in view , and at a convenient distance to be struck , let fly an Arrow , which glancing on a Tree , or else grazing on the Back of the Deer , reach'd the King , hit him in the Breast , and he immediately dropt down dead . Thus fell Nimrod the mighty Norman Hunter , destroy'd by that very sport in which he took such excessive delight , violently brought to death on that occasion ; by which he had deliberately design'd the destruction of many others ; and in that very place where his Father had depopulated so many Town , and ruined so many Religious Houses , for the accommodation of wild Beasts , and to gratifie his own inordinate pleasures . THE LIFE and REIGN OF HENRY the Second . THO' the Accession of Henry the Son of Geoffrey Plantagenet Duke of Anjou , to the Crown of England , be not branded with the unsavory Terms of Intrusion , or Usurpation ; yet whosoever will impartially revolve the Chronicles of those Times , may modestly conclude , that he jumpt into the Throne over the back of his Mother . Maud ( commonly styled the Empress ) was the only Daughter and Heir of Henry the first , and tho she was an Empress , and afterward a Dutchess , yet she could never arrive at the Station of a Queen . Stephen usurp'd the Crown , and kept it from her ; and Henry her Son confirm'd the Disseisin , by compounding for his own Succession , without any regard to his Mothers Title . Whether she was lockt up in an unknown Prison , or estranged by Banishment , or secretly made away , it were a great Presumption in me to assert , since the Writers and Historians of those days make no positive Determination in the matter : But that she was civilly dead , that no Notice was taken of her Right and Legal Claim to the Government , after she had so unsuccessfully contended with King Stephen , nothing can be more manifest . Henry her Son was a young , active , and Valiant Prince , very potent , endow'd with great possessions , and in expectation of greater Additions : He was in his own Right Duke of Anjou , in Right of his Wife Duke of Guyen and Earl of Poietou , and in Right of his Mother , Duke of Normandy , and presumptive Heir to the Kingdom of England . This greatness of Estate added to the Greatness of his Spirit , and buoy'd up by the Hopes of a far greater augmentation of his Fortunes , push'd him on to set up for himself in a competition for the Crown of England ; to the Achievement of which many accidents concurring ( as the untimely Death of Eustace the Son of King Stophen , the melancholick despair of his Mother the Empress , upon her improsperous contest with Stephen , and the Loss of her Brother , and other her fast Friends ) he came to a composition with King Stephen , and a perfect Reconciliation was made between them , choosing rather to succeed him by Adoption , than to wait the natural Descent of his Inheritance by the Death of his Mother . Whether a Prophetick foresight of the short Period prescribed to the Reign of King Stephen , or a secret design to catch some opportunity to accelerate His own Investiture , prompted Him on to this Accommodation , lies only within the compass of conjecture ; but so it fell out , that his Possession by Survivership was not long Prorogued ; the Agreement being made in January by mutual consent , and consummated in October following , by the Death of King Stephen . Henry the Second being now actually King , disturbed by no Competitor , or Pretender , might with all affluence of Honour , Wealth , and Pleasure , have enjoy'd his Kingdom in profound Peace ; but in despight to Fortune , who hitherto had Courted him . He created Troubles to himself , and was the unlucky Author of his own misery . For tho the Rebellious Insurrection of the Welsh , in the first Year of his Reign , did somewhat discompose his quiet ; yet the Issue of it did only tend to aggrandise his Name , to make him more revered at Home , and more awfully consider'd abroad . But the Expedition into Scotland was the product of his own injustice : Stephen his Father by Adoption had granted Cumberland , and Huntington shire to Malcolm King of the Scots , and Maud his Mother had given Northumberland to the same : Henry disdaining to see his Kingdom Cantonised , and grudging that such considerable Parts of it should be dismember'd from the Body , and become the Patrimony of his Neighbour , demands the Estate by a military Claim , and marching thither with a powerful Army , repossesseth himself of part of these alienated Lands , and voluntarily relinquisheth the rest . The same restless Humour prompted him to persecute his Brother Geoffrey . For his Father on his Death-Bed bequeath'd the Dukedom of Anjou to him , but with this limitation , that so soon as He should become King of England , he should deliver up Anjou to his Brother Geoffrey : And for the further assurance of it , he obliged his Lords to Swear , not to suffer his Body to be buried , till his Son Henry had taken his Oath exactly to perform it . Henry solemnly binds himself by Oath to perform his Fathers Will , but afterward as wickedly breaks his Vow ( having obtain'd a Dispensation for so great an Impiety , from his Holy Father Pope Adrian ) and entring into Anjou with an Army , took from his Brother ( who was in no Capacity to resist so puissant an Invader ) not only the Country of Anjou , but some other Cities also , which his Father had absolutely given him for his maintenance , which unnatural Treatment had so fatal an operation on the poor Duke , that within a very short time it broke his heart . And now Lewis King of France began to find him a costly and hazardous diversion ; for having not well digested the affront put upon him by King Henry in marrying of Eleanor his divorced Queen , and seeking all occasions to demonstrate his Resentments , he became an open Abettor of Raymond Earl of St. Giles , with whom King Henry had a Controversie about the Earldom of Tholouse . Hereupon the Litigants began mutually to arm , and great forces were rais'd on both sides , but being just ready to joyn in a bloody Battel , a Peace was concluded by the Mediation of Friends . And least matters should be wanting to propagate new cares , and interruption to the progress of his Felicity ; by an over fond and unexampled Indulgence , he assumed his Son Henry ( then seventeen years of age ) into a Partnership in the Throne ; whose arrogant behaviour , and picgant Repa●tee at the very time of his Coronation , administred just cause to the King to repent his rashness . For the King to do honour to his young Colleague , at the Coronation feast would needs carry up the first Dish to the Table ; which the Archbishop ( who had perform'd the Ceremony ) observing , said merrily to the new King , What an honour is this to you , to have such a waiter at your Table ? The other reply'd , Why ? what great matter is it for him , that was but the Son of a Duke to do service to me , that am the Son of a King , and a Queen ? Neither was it long before the King was sensibly convinced of his weakness . For the young King having imbibed some mutinous Notions of discontent from the insinuations of the French King , and being animated by his advice and assistance , began openly to oppose his Father . For an aggravation to the old Kings misfortunes , Eleanor his Queen inraged with jealousie , and not able to endure the sight of so many Concubines to which her Husband had given up himself , she not only incenseth her Son Henry to proceed in his Enterprise , but secretly perswadeth Richard and Geoffery , two other of her Sons , to joyn with him against their Father , encouraging them to expect a more liberal maintenance from their Brother , than their penurious Father did allow them ; by these Instigations they repair into Normandy , and joyn themselves with their Brother , who growing more insolent by their assistance , return'd a haughty and imperious answer to a kind and loving message from his Father , disdaining to lay down arms , unless he would first lay down his authority , and resign the Kingdom . To shuffle matters into the greater perplexity , Lewis King of France began to form a League against King Henry , and having call'd together the great Lords of his Kingdom , and inveigled William King of the Scots , Hugh Earl of Chester , Roger Moubray , Hugh Bigod , and other the Accomplices of his Son , they all joyn'd in an Oath to aid and assist the young King with their whole power , and thereupon in one day they began their Attacks , the French invading Normandy , Aquitain , and Britain ; and the King of Scots Northumberland . The old King in a short time disincumbred himself from these Exigencies , and triumphed over all his Enemies ; but new troubles like Hydra's Heads , sprung up every day to arrest his Tranquillity ; and he had no sooner made a Truce with his Son Henry , but the defection of his Son Richard , who had possest himself of a great part of the Province of Poictou , obliged him to transport an Army thither , and by the influence of it to reduce him to obedience . But the splendor of his success was darkned with a sensible misfortune , Henry his Darling , the copartner of his Empire , but the Excrescence of the Throne , ended his Competition with his life , to the equal content and sorrow of his Father . Within a while Richard his Heir apparent , revived his former discontent , relapsed into the old fit of Rebellion , and drew along with him his Brother John , with many more of his Fathers Adherents , and Followers , who all joyn'd with Philip King of France ( the Inheritor of his Fathers Crown , and his animosity against King Henry ) he presently form'd an Army , and ( least natural affection should prevail above conceived Injuries ) with all speed and vigour laid Siege to the City of Mentz , in which King Henry was then personally present ; who apprehending himself to be in great danger , and unwilling to fall into the hands of such Enemies , secretly withdrew out of the Town , and escaped . But the Town being taken ( the place of his Nativity , and in which he took great delight ) he became almost distracted with grief and passion , and in the extremity of his rage utter'd this blasphemous expression , I shall never hereafter love God any more , that has suffer'd a City so dear to me , to be taken from me . Indeed this inconsiderable loss made a mortal Impression on his spirits , bereaving him of that vigor and Majestick grace which accompanied him in all his actions , so that he tamely condescended to seek a Peace at their hands , to whom before he scorn'd to vouchsafe the favour of any conditions ; but when he came to understand that his beloved Son John was in the Conspiracy against him , he fell into a fit of fainting , and dy'd within four days . King Henry was the Author and instrument of his own misfortunes ; He came to the Crown in peace and quiet ; but never injoy'd it in content or satisfaction . He was an ungrateful Son , an indiscreet Father , an unnatural Brother , an unjust Husband , a niggardly Master , a fickle Friend , a severe Enemy , a valiant King , but too penurious . His Actions were great and renowned , but smutted with the tincture of notorious Vices . He dealt unjustly with the King of the Scots ; and to his cruelty extended to his Brother was added a manifest Perjury . He made his Son a Rival in his Throne , and took many strange Women to be Rivals in his Bed. As his Wife was divorced from her other Husband , so was his conjugal love estranged from her . His Partiality to his Sons is too manifest , while he fondly gave to Henry a share of his Crown , and substracted from his other Sons a competent maintenance . But these contrary causes produced the same effect , his Indulgence to one , and his Niggardliness to the rest , provoked them all to be Rebels against him . His Incontinency is so evident , that it supersedes all the misprisions of Jealousie : His close Amours with the fair Rosamond were palpably detected by the industrious curiosity of his Queen ; but his incestuous dalliance with the Spouse of his Son , has left an indelible blot upon his memory . His carriage toward Thomas Becket , while alive , speaks him brave , and magnanimous ; but his mean submission to a sordid Penance at the Tomb of that sawcy Prelate , discovers plainly that Superstition was predominant in him beyond a sense of true Religion . Parsimony , which is commendable in men of lower ranks , was a vice in him ; by it he lost the love of his Children , and disobliged his Subjects , while by Taxes , Confiscations , Seisure on Bishopricks and Abbies , and other avaritious practises , he lived poorly , only that he might die rich . THE LIFE and REIGN OF EDWARD the Second . EDWARD of Carnarven was the Eldest Son of Edward the First , and succeeded his Father in the Kingdom of England . He was in his Person handsome ; in his Conversation acceptable ; in his Inclinations not extrémely Vicious ; continent beyond any of his Predecessors ; not given to grind his Subjects by hard Taxations , or to enrich himself by their Impoverishment . He ascended the Throne with the Universal Joy and Acclamations both of the Nobility , and the People ; the way to it was plain , and the Seat easy . He had the Advantages of an extraordinary Education , the example of an Illustrious Father and a Victorious King ; an early initiation in the Business of State , a happy opportunity to understand the Art of Reigning , by commanding the Realm , and presiding in Parliament , during his Fathers absence . When he took the Reins of Government into his hands , he was neither in his Nonage , nor Dotage ; the Kingdom stood in no need of a Protector because of His Minority , nor an Administrator , because he was super-annuated . He was just ripe for Rule , and all circumstances concurr'd to make the Conclusion of his Reign as prosperous as the beginning . Notwithstanding all these happy Prcludiums , never was there a Prince more unfortunate , never was there a Life perplexed with more Disasters , or a Death attended with sharper Instances of Misery and Horror : being persecuted by his Subjects , deserted by his Qeen , deposed by the People , and inhumanly Murdered by wretched Miscreants . He began his Reign with a rude and irreligious contempt of his renowned Fathers Will , and dying Commands , which as it gave just cause to the Subjects to suspect his Veracity and Constancy , so it appear'd an ominous presage of his future Calamities , and Desertion by Heaven . For whereas his Father had expresly charged him , never to recall Pierce Gaveston from Banishment ( who had been the Pandar to the young Prince's Lusts , and the Debaucher of his Youth ) he immediately sent for him home , heaped Honours and Riches upon him , and grew scandalously fond of him . His Father setled his Quarrel with Scotland upon him by Entayl , requiring him to carry his Bones about with him through that Kingdom , till he had subdued it : but so little Veneration had he for those Glorious Reliques , that he neither took them with him in a Military Procession , nor regarded their quiet Sepulture ; but rather to affront them , he entred into a Treaty for his own Nuptials , before he had solemnized the Funerals of his Father . The Old King had obliged him to send his heart to the Holy Land , with Sevenscore Knights to prosecute the Holy War , and two and thirty Thousand Pounds ( a mighty Sum in those Days ) which he had gathered for that Pious use : But he not only neglected his Fathers Directions , but in plain scorn and despight to his Commands , he prodigally squander'd it on that same Gaveston , from whose very sight he was precluded by his dying Father . I shall not need to divide the History of his Life into several Acts , I may recite it , as it was , in one Scene of Trouble and misfortune . The revocation of Peirce Gaveston from perpetual Exile was very displeasing to the People ; His admission to the highest Honours and Favours about the Court , did smartly aggravate their just Resentments ; but his Pride and Ostentation at the Marriage of the King in France ( where the Four Kings and Four Queens , were seen in all their Pomp , besides the King and his Bride , yet he was observed to excel them all in Bravery ) had so sensible an Operation on the Lords of England , that when Edward , and Isabel expected to be Crown'd , in the presence of many Princes , and Noble Persons , they boldly went to him and briskly told him , how haynously he had transgressed his Fathers Will in recalling Gaveston , to which since they were Cautioners ; they would see it performed ; and unless he would remove Gaveston from Court and Kingdom , they would not suffer his Coronotion to proceed . King Edward , confounded with this stinging Declaration , gave them satisfaction , and solmnly Swore to do what they desired , in the next Parliment , and so the Coronation proceeded : In the solmnizing whereof the King again provoked the Lords to Discontent , adding the honour of carrying St. Edwards Crown before him , to the other Titles he had conferred on Gaveston ; which urged them to enter into Consultation , how to contrive some plausible way to restrain the Violence of the Kings Affection which in a short time took affect . For Gaveston not content to engross the Kings Favor , and dictate his arbitrary Orders through the Kingdom , encroached on the honour of the Nobility , and placed opprobious Nick-Names upon divers of them , who therefore did not only envy him for his undeserved Advancement , but mortally hated him for his un-sufferable Insolency . It was not long before a Parliment met , who unanimously press the King to apply a Remedy to their Greivances in the Rere of which they urge the Banishment of Gaveston : The King seing no safety in expostulation , consents to their Demands , and the several Articles ( like those of the Council of Trent ) are injoyn'd under an Anathema , and pain of Excommunication : Hereupon Gaveston was sent into Ireland , but as the Chief Goovernour , not as an Exile ; where after he ●ad stay'd a while , and acted things much conducing to his Reputation , King Edward , not able to endure his absence , or indeed to live without him , remanded him home , and married him to the Sister of the Earl of Glocester ; but Gaveston was incorrigible , his Power exceeded all Limits , and his expences all possibility of supply ; the Kings Revenue was wasted , the Queens maintenance retrenched , and all diverted to the accommodating the Luxury of the Favorite . The Lords began to ferment in a new Discontentment , and repairing to the King , positively told him , if he did not immediately remove Gaveston out of the Court and Kingdom they would rise in Arms against him , as a perjur'd King. But he , after he had strugled a while between Love and Fear , condescended to his pertual Banishment , making his return a capital Offence , and so to be proceeded against , if ever found in the Kingdom . Gaveston once more is dispatcht out of England , and goes to France , where finding no safe Abode , he past into Flanders , and there meeting with no secure shelter , he secretly returns to England , relying on the immovable Favor of the King , and the interest of the Duke of Gloucester . The bewitched King received him with transports of joy , and slipping out of the sight of the Lords , and all other Observers , betook himself to York , carrying his beloved Minion with him . The Lords hearing of it , make after him , and choosing the great and potent Earl of Lancaster for their General , sent a Message to the King to deliver Gaveston into their Hands , or at least to send him peremptorily out of the Kingdom . But being abused by evil Counsel , and disregarding the Message from the Lords , he marcht from place to place , seeking a sure refuge for his dear Favourite , refusing to stay with the Queen , who with tears beg'd his company , and lodg'd him in Scarborough-Castle ; which being furiously assaulted by the Confederate Lords , Gaveston thought it best to render himself , desiring only the favour to be allow'd once to see the King's face , and the King reciprocally ask'd the same . Gaveston was sent under a Convoy toward Wallingford , but being intercepted by the way , and forced from his Guard by the Earl of Warwick , after long deliberation his Head was struck off at a place call'd Blacklow . In the mean time the King of Scots taking notice in how unready a posture Affaires were in England , how the King remitted all case of the Government to Gaveston , and that he gave himself up to Luxury and Licentiousness , in a short time , and with little or no opposition , reduced almost all Scotland to his obedience ; and encouraged by that success . He entred England , burnt , and took several Towns , and being encounter'd with a splendid Army raised by King Edward , more resembling a Court , than a Camp , and consisting of a hundred thousand men ; he with an Army hardly amounting to thirty thousand , utterly overthrew and defeated them . This misfortune was follow'd by the loss of almost all Ireland , and the treacherous Rendition of Berwick , which yet King Edward was in a fair way to recover , had not the Earl of Lancaster discover'd his immoderate kindness to Hugh Spencer the younger , ( whom he had substituted and embraced in the room of Gaveston ) and thereupon withdrew his forces from his assistance . These Crosses were accompanied with the loss of Northumberland , whereof all the Towns were taken , or burnt by the Scots , and an incredible number of Prisoners and Cattel carried into Scotland ; King Edward in vain attempting to seek a Reprizal , and at last forced to pass over all hopes of satisfaction , by the conclusion of a Truce . The unhappy King postponing the affections of his Subjects to the fond love of a Darling , advanced Hugh Spencer to the highest pitch of Honour and Favour , committed all Affairs to his sole Administration ; he ( in perfect imitation of his Predecessor ) servilely complying with the Kings Humours , and arrogantly insulting over the Lords . They to remove this insupportable Nusance , continue in Arms , confederate together , and send a peremptory Message to the King , requiring the confirmation and execution of the Articles formerly granted , otherwise threatning to constrain him by force of Arms , and accordingly assembled a mighty body about Dunstable , where the King then lay ; but by the interposition of the Prelates , an Accommodation was made , and all things agreed to their mutual satisfaction . Soon after a Parliament was call'd , wherein the King complain'd that the Lords had taken up Arms , had murthered Pierce Gaveston , and done him many other Affronts ; they on the other side justifie their Proceedings , as not undertaken against , but for the Preservation of his Person , and the punishment of the publick Enemies of the Kingdom ; but the Queen , with the Prelates and the Duke of Gloucester , found an Expedient to qualifie these heats ; the Lords became humble Suitors to the King for his Grace and Pardon , and he receives them kindly , as dutiful and loyal Subjects . But this Reconcilement not being founded in sincerity , was but of a short duration : The two Spencers , Father and Son , became intolerable in their Covetousness , Oppression , and Arbitrary disposal of all Affairs ; wherefore the Earl of Lancaster with divers other Lords , entred into a new Confederacy , binding themselves by Oath to live and die together , in the maintenance of the Rights of the Kingdom , and to procure the expulsion of the two Spencers . In pursuance hereof , they gather a great Army , march to London , and insist stoutly on their former demands ; to which once more the King is induced to condescend , by the mediation of the Queen and the Prelates , and by publick Proclamation the Spencers are banished ; but in a short time after the Edict was revoked , they recall'd , and restored to their former place and authority . The wind ●●gan now to change , and by a strange caprichio of fortune , the King got the Ascendent over the mutinous Lords , conquered them in Battel , slew many of them in the Field , and put many to death , by the Sword of Justice ; but so soon as the heat of Revenge was a little qualify'd , repented of his proceeding . Hitherto the miserable King received only slight wounds in the extreme parts of his Body , now he received a stab at the Heart . The Queen enraged to see her Husbands love diverted upon upstart Favorites , and disdaining to be a Pensioner to their pleasure , found a plausible Excuse to repair into France , where ( to be revenged on her Husband for his neglect of her ) she continued in too scandalous a familiarity with the Lord Mortimer . The King being advertised of it , commanded her to return , and she delaying to come , he proclaimed her , and the Prince ( who was at that time also in France ) Enemies to the Kingdom , banish'd them and their Adherents , and strongly guarded the Seas with three Fleets , to intercept their passage . The Queen by the help of Foreign Friends , got together a considerable Army , and landed near Harwich , and was presently reinforced by the conjunction of the Earl Marshal , the Earl of Lancaster , the Earl of Leicester , and many other Lords and Bishops . The King was astonish'd at the News , being utterly irresolute what course to take : He had no Counsellors about him , but the Spencers , London was not to be trusted , his Army was wavering , the people from all Counties flocking in to the Queen . In this perplexity he secretly withdraws from the Court , attended by the two Spencers , and a very few others , and being disappointed of his Retreat to the Isle of Lundy , He hides himself in the Abby of Nethe ; where within a short time he was taken , his Followers all apprehended , and the two Spencers publickly and ignominiously executed , and himself committed to the custody of the Earl of Leicester . After Christmas a Parliament was call'd , wherein it was agreed to Depose the King , and set up his Son , who refusing to take the Crown , unless his Father would freely resign it , the poor King as tamely surrender'd the Scepter , as he had before unworthily weilded it , and having formally renounced and abdicated the Government , and the Speaker of the Parliament , renounced all Allegiance to him , in the Name of the whole Kingdom , he was taken from the Earl of Leicester ( from whom his Enemies thought he had too kind usage ) and being hurried from place to place , and wearied with all manner of severity and indignity , wasted by starving , tormented by noisome stinks , and attempted by Poyson , he was at last barbarously and inhumanely stifled to death between two Pillows . The Murder being disavow'd by the Queen , the Executioners of it fled , and died miserably . THE LIFE and REIGN OF RICHARD the Second . IF Magnanimity , Valour , Piety , Gentleness , Liberty , and other Heroick and Princely Qualities , were communicable by Generation : if vertue could be intayl'd ; If the gifts of the mind descended by Inheritance , or were demisable hy Will , or inseparably annex'd to the Body ; no man could ever have a juster Pretension to Glory and Fame , than Richard the Second , the only Son of that incomparable Hero , Edward the black Prince , and grand Son of that most illustrious and victorious Edward the Third . But Children do not always resemble the Features of the Father , to the great shame and scandal of the Mother : Wit , and Vigor are seated in the Brain ; and Children are not begotten by the Head. Richard was a Child at the death of his Father ; and never acted like a man , during his own Life . A Crown was too heavy a Load for his tender Brows , and the Reflection of its Brightness daizled his Eyes . The Transactions of State , during his Minority , are not to be the Subject of my Recital , since the Event of all Affairs that were prosperous , is to be imputed to the Conduct of his Guardians ; and where any Accidents interrupted his Prosperity , it ought not to be attributed to his misfortune . I shall therefore pass over such Occurrences as are recounted by Historians , during his pupillage ; and begin my Remarks , at that Period when he assumed the Regal Government . And first he deposed the Lord Scroop from his Chancellor-Ship , because he refused to seal some extravagant grants made by the King , and receiving the Seal from his Hands , he kept it for a certain Time , and with it seal'd such Grants and Writings as he thought fit , at his own absolute will and pleasure . His Army sent against France , commanded by the Bishop of Norwich , was not very prosperous ; but laying Seige to Ypres , as they past through Flanders , were forced by the Power of a French Army coming to their Relief , to raise the Seige , and retreat . And tho the Bishop advised the King to lay hold on that Opportunity to try the Fortune of a Battle with the French , and he pretended over Night to be in a mighty hast and Eagerness to ingage in that enterprise , yet in the Morning the Humor was off , and consulting his own ease and safety , he appointed the Duke of Lancaster to go on that Inployment , who spinning out the Time with dilatory Preparations , till the Bishop was return'd , the Project was disappointed , the undertaking came to Nothing ; and the Dispute was ended in a short lived Truce . Neither did the Expedition into Scotland , tend to the Honour of the King , or Advantage of the Kingdom : for the Scots having made Incursions into England , taken , and burnt divers Towns upon the Borders , and enriched themselves by a general depredation of the Country . The Duke of Lancaster with the Earl of Buckingham was dispatcht with a mighty Army to repress them : but having entred Scotland , and not being able by any Art , or Stratagem to provoke the Scots to Battel , they returned without obtaining any further Satisfaction , then a suitable Revenge in burning , and destroying many Towns there . And tho a truce was made with the Scots ; yet without any Regard to the Stipulation , they again entred the Borders , and took Berwick . But now the unfortunate King began to form Plots against his own honour and Quiet ; for being incensed against the Duke of Lancaster ( whether upon real , or upon imaginary Provocations ) a design was laid to have that great man Arrested , and arraign'd of Treason before Sir Robert Tresilian , chief Justice ( tho by the Law of the Land his Tryal ought to have been by his Peers ) and it is easie to imagin what would have been the Issue of such irregular Proceedings : but the Duke having timely intimation of the mischief and contrivance against him ; withdrew himself opportunely to his Castle of Pomfret , where he stood upon his guard , till by the laborious travel and powerful intercession of the Kings Mother ( tho by reason of her Corpulency she was most un-fit for such an Imployment ) the King was pacified , and reconciled to the Duke . The Scots still meditating Revenge and the French King still ready to foment the quarrel , prepared for a fresh Invasion of England , and receiving auxiliary Ayds of great Number and strength from the French , once more entred the English Borders . King Richard receiving Advertisement of it , with great Speed rais'd a mighty Army , and marching in Person at the Head of them , entered Scotland , burnt Edingburgh proceeding without Control , but could by no means draw the Scots to Battle ; they in the mean Time to divert the Kings progress , made a descent into Cumberland , and Besieged Carlisle ; to the relief of which the King approaching with so formidable an Army , obliged the Scots to retreat into their own Country , and upon their Recess the King returned into England , bringing with him neither Honour nor Advantage by so fruitless an Expedition . After these things ( and some other passages not so directly appertaining to the History of his Life ) King Richard began to hasten his own Destiny , and by Imprudent Actions , pernicious Counsels , and an Arbitrary Assertion of his indisputable Prerogative , to kindle those Flames of Mutiny , and Discontent , which never were extinguish'd , but at the Expence of his own Blood , and the Loss of his Crown . Robert Vere Earl of Oxford and Marquiss of Dublin was his Darling , and Michael de la Pool was his Favorite : The first a Gentleman of commendable good Parts , he created Duke of Ireland ( tho he himself was but Lord of it ) the other a man of mean extraction , he made Earl of Suffolk , and Chancellour of England ; both very obnoxious , and not accomplish'd with such Merits , as might advance them in Titles , or Offices beyond the Ancient Nobility , without Envy , or Obloquy . These Wicked Counsellors set a false Glass before the short sighted King , and abused him with erroneous representations of his own sufficiency , absolute Authority , and uncontrollable Power : Insomuch that in a Parliament then call'd , the King began sharply to expostulate with the Lords , and by an undecent Comparison with the Freedom of their Tenures , to Challenge to himself an unquestionable liberty . This haughty Carriage of the King , exasperated the Parliament , and fermented them to such a degree of dissatisfaction , that instead of consenting to grant him a Subsidy toward his Wars , they fell foul upon the New Chancellour , and never gave him over , till they obtain'd a severe Judgment against him to the Forfeitures of his Life , and the Confiscation of his Estate . The adverse Party were highly nettled at these proceedings , and being push'd on by Revenge , and Malice , they combined in a horrid Design to Murther the Duke of Gloucester , and such other Lords as cross'd the King in his extravagant Courses ; which Flagitious Plot was to be perpetrated upon an invitation of them to a Supper in London : Sir Nicholas Brember the former Lord Mayor was a prime Instrument in this Enterprise ; but the King imparting this matter to Richard Exton the present Mayor , and endeavouring to make him an Accomplice in the Action , he would by no perswasions be induced to consent to so vile an Attempt , and thereupon they desisted from the further prosecution of it . Notwithstanding this , and many other untoward passages , a Subsidy was granted to the King under certain Limitations ; but the Parliament were so disgusted ; because the King had respited the Execution of the Judgment against the Chancellour , that they positively declared , unless the Chancellour were removed they would proceed no farther in a Parliamentary Course . The King hereupon grew Cholerick , and plainly told them , he would rather apply himself to the French King for Assistance , than submit to his Subjects : Yet upon good Reasons offer'd by the Lords , a great change was made in the Ministers of State , and particularly the Chancellour was removed : and so desirous were the Lords and Commons to have the Duke of Ireland excluded from the Kings Presence , that they were content he should receive thirty Thousand Marks , on condition he would transport himself into Ireland . But no sooner was the Parliament dissolved , but the King recanted all his condecensions , revoked all Orders against the Chancellour , the Duke of Ireland , and the rest , and received then into higher Favour , than they were in before . And tho' the Earls of Arundel and Nottingham performed a Noble exploit , hardly to be parallel'd in History , yet their Service was disregarded , and their persons slighted , because the Duke of Ireland gave them no countenance : By whose contrivance a New Plot was laid to destroy the Duke of Gloucester , and the easie King surrounded with Parasites and corrupt Judges , suffer'd them to pursue their extravagant practices , and Two Thousand Persons were at once indicted before Sir Robert Tresilian the Chief Justice . He then propounded certain Queries to Robert Belknap Lord Chief Justice and other Judges , which they soon resolved , in defiance of the Law , and the priviledges of Parliament . And notwithstanding he stood in such ill Terms with his people , yet a way was found to pack Juries in London , and Indictments were found of many Crimes against some of the Lords : Whom having a design to persecute , he summon'd the Judges , Justices , and Sheriffs of the Kingdom , that he might be informed , what power of Men they could assure him of , to serve him against the Lords : And intending shortly to call a Parliament , he tamper'd with them to have no Knight or Burgess chosen , but such as the King and his Council should Name . But finding by the Answer of the Sheriffs , that they could not raise any Forces upon such a pretence , nor infringe the Ancient Liberty in Elections to Parliament ; the King and the Duke of Ireland sent into all parts to raise men in this Quarrel against the Lords , consulting on some Devices how to intrap them . The Duke of Gloucester being advertised of this , had a secret Conference with the rest , and assembling a numerous Body of Men , stood upon their Guard , and sent Commissioners to the King , requiring such Traytors and Seducers as were about his Person , to be delivered up to them . The King was advised by the Duke of Ireland , the Earl of Suffolk , and others about him , to offer Calice to the French King , to procure his Assistance against the Lords ; and with all sent to the Mayor of London , requiring to make an estimate of how many able men might be rais'd in the City , who making Tryal of what could be done on such occasion , received this Answer from the People , that they would never fight against the Kings Friends , and Defenders of the Realm . In the mean time the Earl of Northumberland interposed with his advice , and perswaded the King to send for the Lords under safe Conduct , and friendly to expostulate with them ; to which the Lords consented , upon Oath given by the Arch-Bishop of Canterbury , and the Lord Chancellour , that no Fraud , or evil practice should be used against them : But being ready to come according to appointment , they received intimation of an Ambush laid to intrap them , and so desisted . If the King was privy to this Plot , he was guilty of an Action most unworthy of a Prince : But the Conspirators were certainly known , yet not call'd to Account for it . After this , upon a more secure Conduct from the King , the Lords presented themselves before him , and after some cholerick contest a Reconciliation was made , and it was concluded that all matters should be heard and regulated in a Parliament , speedily to be call'd . Hereupon the Favorite-Lords were highly dissatisfy'd , and plainly told the King , they would not hazard their appearance at such a meeting ; and so the Duke of Ireland , and the rest of that Faction withdrew from Court , and absconded . But the King not able to brook their absence , ordered an Army to be rais'd for the safeguard of the Duke of Ireland , and to reconduct him to his Presence ; who being encounter'd on the way by the Earl of Derby , he fled and escaped by leaping into a River , but after two or three years dy'd miserably in a foreign Country . And now the Lords , having got matter enough against the King , at least to justifie their taking up Armes , march'd directly to London with forty thousand men , and some of them going to the King in the Tower , they shew'd him the very Letter which he had writ to the Duke of Ireland , to levy an Army for their destruction ; as also the Letters writ to him by the French King , importing a safe Conduct for him to come into France , there to do Acts tending to his own dishonour , and the prejudice of the Kingdom ; which being done , they civilly retreated , upon the Kings promise to come next day to Westminster , to concert all matters ; but the fickle King alter'd his mind , before he went to Bed , and discover'd his purpose to avoid the meeting next day . The Lords being advertis'd of this , sent a peremptory message to him , That if he did not come according to his promise , they would choose another King , that should hearken to the faithful Counsel of his Lords . The King sensibly touch'd with this sharp message , gave them a meeting , and they positively insisting that the Traytors so often complain'd of , should be removed from the Court , he at last with much reluctancy consented to their Desires , and so the whole Nest of Vipers was dissipated , some expell'd the Court , some bound by good Sureties to appear and answer , and some committed to Prison . When the Parliament met , they proceeded roundly , the corrupt Judges were arrested in their Seats of Judicature , and carried to the Tower , for acting contrary to the Agreement made in the preceding Parliament ; the Duke of Ireland , and the rest of that Crew , cited to appear and answer to certain Articles of High Treason , and for non-appearance banish'd , and their Lands and Goods seized to the Kings use ; Sir Robert Tresilian was hang'd , Sir Nicholas Brember beheaded , several others executed , and the Judges condemned to die , and the King obliged by Oath to stand to such order as the Lords should set down . Some years after , upon a Riot committed in London , the King seised on their Liberties , and took away their Charter , which could not be restored till they paid a Fine of ten thousand pounds . I intend a compendious Abstract , and not a compleat History ; therefore I studiously omit the recital of many Transactions and Occurrences coincident with this relation , as not having a direct and principal concernment in the Estate and Life of King Richard. Unstable Fortune had the Ascendent over all the Affairs of the poor King , and the course of his Reign was imbroiled with a strange Vicissitude of prosperous and adverse Accidents . The Duke of Gloucester , and other Lords , entring into a combination to seise upon the King , the Plot was detected , and their lives taken away for the assurance of his safety . A Parliament was call'd , wholly conformable to the Kings will , they that opposed him were banish'd , confiscated , and executed , and the whole power of it devolved on a certain select number of Commissioners , to the great prejudice of the State , and a dangerous example to future Times : a Pardon was granted to all the Subjects , except fifty , whose Names not being expressed , he kept the Nobility under an awe , that if any of them offended him , they might come under the notion of exempted persons ; and thus the King seem'd secure against all mischances . But an unforeseen Accident , grounded on a very slight occasion , produced an extraordinàry Revolution , by which the whole frame of Government was unhinged , and that Cloud which at first appear'd but of the bigness of a hand , soon overspread the sky , and dissolved in a tempestuous shower of Blood. The Duke of Hereford was banish'd the Kingdom for six years , and several Persons of Note and Quality , either by voluntary withdrawing , or a compulsory Exile , went beyond the Seas . The Duke within a short time was advertis'd that his Father was dead ( and thereby he became Duke of Lancaster ) and that King Richard had seised into his hands all the Estate descended to him by his Fathers death . And meeting often with the Archbishop of Canterbury , then in Exile , and mutually lamenting the deplorable condition of England , the enormous actions of the King , and the Impossibllity of ever reclaiming him ; they began to enter into Consulation , by what means best to get him removed ; and in the very Nick , Solicitations came from several Parts of England to urge the Duke to hasten over , and to take the Government upon him , promising all ready Assistance to that work The Duke presently grasp'd the Opportunity , and without further Deliberation prepared for his Return , and with a very few Lords and Gentlemen , and about threescore Persons presently put to Sea , and landed in York-shire , which was no sooner known but several Lords , and great Numbers of the Gentry and Common sort , flockt into him . And tho he was invited to come and take the Government upon him , yet he pretended no other cause , but to take Possession of the Inheritance , descended from his Father , and most unjustly seized and detain'd by King Richard. His Forces increased dayly , and a mighty Army was got together , and all the Kings Castles forthwith surrendred to him , many of the Kings Friends were Arrested , and some put to death . All this while King Richard was in Ireland and for six weeks ( by reason of contrary Winds ) had no Notice of the Dukes Landing : After which time wasting many daies in a dilatory Preparation , he landed in Wales ; but hearing that all the Castles from the Borders of Scotland , and Bristol , were delivered up to the Duke of Lancaster , that the greatest Part of the Nobility and Commons were joynd with him , and his principal Counsellors taken and executed ; he fell into absolute Despair , dismissed his Army , bidding every one to shift for himself , and the next Night stole away , and got to the Castle of Couwey . The Duke proceeded on his March , and every day some Lords and Gentlemen of account came in to him , and having proferred Conditions to the King with which he seem'd to be content he agreed to meet the Duke , but upon his Journy was seis'd by an Ambush laid for him , and carried to Flint-Castle . Thither the Duke came , and carri'd the King with him by easie Journeys , to London , and the next Day lodged him in the Tower. Presently a Parliament was called by the Duke , but in the Name of King Richard , aad many heynous Crimes laid to his Charge , ingrost and sum'd up in three and thirty Articles for which the Parliament adjudg'd him to be deposed from all Kingly Honour , and Princely Government ; thereupon the King by a formal Instrument made a Solemn Resignation of his Crown and Authority , making it his Request that the Duke of Lancaster might be his Successor , and in token thereof taking the signet from his Finger and puting it upon that of the Dukes : Which being reported to the Parliament , they approved of it and appointed the Sentence of his Deposition to be publickly proclamed . We have followed this most unfortunate Prince to the last Scene of his Life ; but the manner of his death is so variously reported , that it is hard to pitch upon that Author , on whose credit we may safely rely . It is most certain that he did not long Survive his Resignation , but being carried to Leeds , and from thence to Pomfret , soon after a Period was put to his Life , and Miseryes together , in the three and thirtieth year of his Age. If he did not imitate , his Father ; yet he resembled His Mother , and was the Goodliest Person alive . His Disposition was good ; but corrupted by Education , his Inclinations prompted him to Vertue , but were perverted by Flatterrers , and Evil Counsellors . Crafty men made Advantage of his Credulity ; and he was ruined by too strict a Constancy . If he had not been deficient to himself ; his Opposer had not so easily prevail'd , his Timidity apeared in not fighting for his Crown , his Moderation in the Surrendred of it , and his Courage in surviving the Loss . THE LIFE and REIGN OF CHARLES the Second . IAm now ingaged in a difficult Task , divided between Truth and Respect , being to describe the Life of a Prince , who ( contrary to the custom of the World ) was better spoken of while he lived , than he has been since his Death . His Fame had suffer'd a great diminution by succeeding so admirable a Father ; had it not recover'd by the prospect of such a Brother , who was to be his Successor . If in the Lives of former Kings any mistake was committed , the Records and Ancient Writers must vouch the Relation , and the present Age cannot confute it : But to give an Account of a Life so lately ended , requires an exactness beyond my Reach , wherein the least Trip overthrows the Credit of the Reporter . To enumerate the Vertues of a Prince , without taking notice of his Failings , is but to flatter his memory , and deceive Posterity ; to reckon up his Vices , without intermingling the mention of his laudable Actions , is but so sully his Fame , and deduce no Benefit to the Curiosity of Observers . I resolve to tread lightly on his Grave , and not press too hard upon the Heels of Truth . I may pursue my Topic , in recounting the Instances which justly denominate him unfortunate , and Note the Errors of his Government , without reflection on his Person . That he was of extraordinary Parts , that he had a quick mercurial Wit , a great insight into the liberal Sciences , and even the mechanical Arts no man will deny : He had a piercing , if not a solid Judgment , his intellect was comprehensive , if not profound . His Lenity and Clemency were very conspicuous , and recommended him to the Love , and Praise of the Spectators ; yet it so fell out , that such egregious Acts of Severity and Injustice were exercised upon all sorts of men , as will puzzle Posterity to comprehend the meaning . In his time no Man had the Reason to set a Value on himself for any promotion , nor no man had cause to despair of a preferment : The Cards were daily shuffled , and unexpected chance turn'd up the Trump . Upon all occasions he profest a great Zeal for the Protestant Religion , yet every day that profession lost ground . Popery was not allow'd yet it hover'd among us : The Frogs did not cover the Land , yet the Jesuitical Vermin swarm'd in every Corner : Tho' the Papists were not shelter'd by a legal Indemnity , yet they grew numerous and confident upon the expectation of an approaching Jublie . His Brother and Successour had a mighty Ascendent over his Genius , catching at all opportunities to gratifie his Ambition , and propagate the Faith ; while the other indulged himself in pleasure , and avoided the fatigue of Government . There are so many living Monuments of his Incontinency , that if I forbear to mention it , I shall render the Truth and Impartiality of my other Remarks suspected . It is usual with Kings and Princes to prosecute prohibited Amours , but so great was his generosity , that he thought it a disparagment to manage a secret Intrigue . His Liberality was so extraordinary , that he spared not to give a Thousand years purchase for a Moments Fruition . He lost the Love of his Friends , by too fond a Love of his Brother ; and by too stiff a Refusal to consent to his Exclusion , he endanger'd the Interest of his Family , and gave a shock to Monarchy it self . The first and greatest misfortune that befell Charles the Second was , the Cruel and Ignominious Death of his Father , that incomparable Charles the First , Sentenced to die , and publickly Executed before his own Palace , by a Jancto of flagitious men , garbled out of a Parliament by the Usurper . From his Fathers Martyrdom to his own Restauration , was one continued Scene of misery , and sorrow . In the year 1648 Charles the First was deprived of Life by his Evil Subjests , his Friends looking on , and not able to prevent it : In the year 1660. Charles the Second was brought to the Throne by his Good Subjects , his Enemies looking on , and not able to hinder it : The one an inhumane Action , and unparallel'd ; the other wholly surprising , and miraculous : In the one no Blood shed , but that of the King himself ; in the other not one Drop of Blood drawn , even of the meanest Subject . Charles the second was then beyond the Seas , and succeeded immediately to the Right of three Kingdoms , but did not actually possess them for many years . And now behold a King truly unfortunate ! His Father barbarously destroy'd , and he in no capacity to call to account the bloody Actors of that Tragedy ; three potent Kingdoms usurped by violence , and by force detain'd from him , and he not able to put in a claim for his Right , or contend for the recovery : His Enemies insulting in their success , abjuring his Title , and metamorphosing a glorious Monarchy into an Anarchical Commonwealth : His Friends harassed , imprison'd , plunder'd , sequestred , executed , no man daring to own his Allegiance , or capable to contribute advice or aid toward his Restoration : Himself a deserted Exile , wandring from one Princes Court to another to seek for shelter and subsistence ; while the subtle machinations of the Usurpers did not more sensibly aggravate , and advance his unhappiness , than the improsperous Attempts of his loyal Subjects to compass his Restitution . In Scotland the Heroick Acts of the most renown'd Marquis of Montross , ( who with an inconsiderable handful of men traversed the Kingdom , and performed such Exploits , as may justly denominate his History the Moral of a Romance ) only ended in his destruction , while he became a sacrifice to his Enemies implacable malice , and a glorious Martyr for Loyalty , but with an irreparable detriment to his Masters cause . In Ireland the most Noble Duke ( then Marquis ) of Ormond was so successful in his Undertakings , that he had reduced the whole Kingdom to the obedience of the King , except Dublin , and London-Derry , to the first of which having laid a close Siege , and beleagured it with a Royal Camp , he was disarry'd by a fatal Sally from the Town , his Army totally routed , and himself obliged to a hasty and hazardous escape ; which disaster was follow'd by the Rendition of Drogheda , and many other considerable Towns , and after a faint Resistance the whole Kingdom was subjected to the Triumphant Conqueror , and the Interest of the King wholly exterminated . England was so manacled with the Chains of an armed Power , that they could not budge ; the Royal Party , than call'd the Cavaliers , were debar'd the liberty of meeting at home , or stirring abroad , their persons were disarm'd , their Houses ransackt , and their Estates brought into the unmerciful Inquisition at Goldsmiths Hall ; in some corners of the Land small Parties started up now and then to exert their Loyalty , and manifest their Allegiance , and the King was received into the Island of Jersey , but by a Fleet sent thither by the Usurping power , soon compell'd to forsake it ; so that these weak struglings like the last efforts of Nature , tended only to diminish the number of the Kings Friends , and to heighten his Infelicity . In the year 1650 , the King was invited into Scotland , landed there safely , received with all the demonstrations of joy and satisfaction , and solemnly proclaimed King. But to disturb his Tranquillity , and interrupt the calm fruition of his new acquired Soveraignty , Cromwell ( that victorious Rebel , who in the space of one year had reduced almost all the Garrisons in Ireland , and Caesar-like made a compleat conquest of that Kingdom only by walking through it ) is dispatcht into Scotland , who in July entred that Country with an Army of sixteen thousand men effective ; the Scots were not idle on their side , but form'd an Army consisting of six thousand Horse and Dragoons , and fifteen thousand Foot , a party of whom attempting to beat up the Enemies Quarters about Musleburgh , surprised the Out guards , and routed the first Regiment that opposed them , but were so warmly received by the rest , that the Commander being wounded , the whole party was disorder'd , and pursu'd to the Army , and the whole Camp in danger of a surprisal , had not the King himself unexpectedly appear'd in person , and stemm'd the Torrent . But in September following hapned a fatal decision of the dispute at Dunbar , where the Scots Army reinforced to above twenty thousand men , and presuming on a certain Victory ( having inclosed their Enemies beyond a probability of an escape ) encountred the English Army , then decreased to the number of twelve thousand , and with much courage and gallantry charged them ; but the hand of God was in it , their whole Army was routed , four thousand slain , and nine thousand taken Prisoners , with the loss of three hundred on the Invaders side : After which the Kings Interest in Scotland declined daily , the Enemy getting advantage by the Dissention between the Court and the Kirk-party , and Cromwel by springing of Mines ( but more by corrupting the Governour with money ) had Edinburgh-Castle surrendred to him , the taking of which was follow'd with the loss of many more Garrisons . Nevertheless the Scots were neither daunted in their Courage , nor deficient in their Allegiance , but proceeded to the Coronation of the King , and he to the calling of a Parliament , and having got together a good Body of an Army , it was thought best that the King should give Cromwell the slip , and make a sudden descent into England , leaving him to take his swing and range through Scotland ; to make this Enterprise the more hopeful , the Earl of Darby and many other Loyal persons began to peep out of their Recesses , and to use all Expedition to joyn ; but a malignant Constellation still influenced K. Charles his Affairs , some of his Abettors were intercepted , some routed , and the Earl of Darby , discomfited , and many Persons of Quality and resolution taken Prisoners . At last came on the dismal Ingagement at Worster , that critical Arbiter of the Kings cause , from whence we may date the depression of the Monarchy , the exaltation of Anarchy , and Confusion of Governments . I take no Pleasure in descanting too long on so unpleasant a Theme ; in a word the King was defeted , his whole Army given up to death , or captivity , except a very few , with whom he made his Escape , and after some weeks spent in lurking , disguising , shifting , and un-easy travelling , he arrived safe in France . The King was now actually devested of his three Kingdoms , his Enemies victorious , in Possession of his Right , and usurping the Regal Authority , under the Disguise of other Appellations : & how soever the grand Apostates from Loyalty dayly crumbled into Factions , and Divisions , and the Supream Authority frequently changed its Dress , and put on a new Face ; yet all concur'd in the detestation of King-Ship , and an abjuring the Family of Stuart . To recount the transactions of the Junto at London , or the Exploits of their Legions , through all the Dominions subjected to the Common wealth of England , might prove a tollerable Entertainment for the Reader , but I have no Inclination to admire their Policy , or cry up the Fame of the Protector : My Business is to observe the disastrous Fate of an Exil'd King , and ( there being yet no exact Memoirs transmitted to us of his Forrein Adventures ) to Sum up his Misfortune in a nine years Banishment , by noting how miserably he was abandond ' , thurst and kept out from the Possession of England , Scotland , and Ireland , and all the Dominions and Territories belonging to them , a Pensioner to Strangers , and all Designs of his Friends at home , or his Allies abroad frustrated , and baffled . But when the Almighty Governor of the World had so long scourged the Royal Family , as to his wisdom seem'd sufficient , and all the Practices of human Strength and Invention were rendred ineffectual ; in a sudden and unexpected manner ; without Means , without Contrivance , without the Success of a Battle , or the operation of any Stratagem ; the Repulican Babel was over turned , the King restored , and peaceably seated in the Throne of his Ancestors . From his Restoration he Reign'd more than twenty four years , and I wish I could say happily . But not being blest with a legitimate Issue , he was continually teas'd with the Incroachments of an impatient Heir : Having misapplied his Revenues ( which were vastly increased beyond all that was given to his predecessors he was by his Necessities induced frequently to call Parliaments , and by his evil Councils as often prompted to dissolve them : his gentle Disposition inclined him to an universal Indulgence ; but the malevolent Insinuations of self-interested men misled him to a Connivence at extraordinary Severities : The Papists hated him for avowing so much Favor to the Church of England ; and Dissenters blamed him for a suspected Propension to the Church of Rome : His constitution was happy ; but by his irregular courses he rais'd Batteries against his own Health , and he might have lived longer , if he had not lived so fast . The Indowments of his mind were admirable ; but his immersion in Pleasures over-shadow'd his Reputation : The prolonging of his Life had given an Adjournment to the Mischeifs that quickly assaulted both Church , and State ; but one Sort of Men thought he lived too long : whether any hand , but his own , contributed to the accelarating of his Death , I have no warrant to make any Asseveration ; Let the future Writers of History adjust that matter to the clear information of Posterity . All I have to say , is the News of his Death was published , before there was any Report of his Sickness : He died of an Apoplexy the Sixth of February 1684 , and the whole Body ( whereof he was the Head ) was presently seised with convulsive Motions . THE REIGN OF JAMES the Second . THE Reign of James the Second was so lately begun , and ( by the mercy of God ) so soon determin'd , that every mans Remembrance of it may justly supersede the Trouble of a Repetition . There needs no Art , nor Arguments to convince the World , that he was more unfortunate than all his Predecessors ; and every impartial Observer will allow , that he was the principal Engineer , that sapped the Foundations of his own Happiness . If he had arrived at the Throne by an indirect Road : If he had gain'd it by Conquest , and ow'd his Title to the Umpirage of the Sword : If he had come in by Intrusion , Invasion , or Usurpation ; by Craft , or Violence ; by Force of Arms , or the prevalency of Pensions : If he had justled out the true Heir , or supplanted the lawful Pretender , or out-stript his Competitor by the aid of the people , or over-topt his Opposers by the Assistance of Foreigners : It had been no wonder , that the Crown had totter'd on his Head , that his Seat had been uneasie , and his Government Short lived . But when his Title was not disputed ; when he was saluted King by an Universal Acclamation ; welcom'd by the Addresses and congratulations of all his Subjects ; his Revenues settled and augmented ; his Enemies subdued , and his Throne establish'd by a Loyal Parliament , and a submissive people ; his Ruin must necessarily be imputed to himself ; and all his misfortunes undeniably accounted the Result of his own miscarriage . So that while the Histories of all Ages and Nations do abound with Examples of the Strange , Cruel , False , and unnatural Methods used by ambitious men to gain principalities , King James must remain single upon Record ; as the only Person that willfully and industriously dethron'd himself . We read of aspiring men , who have dissembled , changed , and comply'd with the fashionable Religion of the Country , to insure their possession : But it is without president , that a Prince quietly settled in his Throne ; courted by his Neighbours , Obey'd by his Subjects without reserve , or distrust ; not grudged , nor affronted in the private Exercises of his own perswasion ; should be so intoxicated by the Fumes of Zeal , to attempt the subversion of the general Religion current thro Three Kingdoms , establish'd by Parliament , and incorporated so into the Laws , that the Religion of the Nation is the Law of the Nation ; and to obtrude upon his Subjects a way of Worship as dissonant from their Humour , as repugnant to their Conscience ; a way exploded by the former Age , and detested by this ; and so forseit his Right to the Imperial Crown of Three opulent Kingdoms upon a fallacious assurance of a Reprisal in Heaven ; is such a stupendious Act of supererogation , as may serve to supply half the Roman Catholick Church with a superfluity of Merit . On the Sixth day of February 1684 Charles the Second put off mortality , and by his Death revived the Languishing Hopes of the Popish Expectants . He departed about Noon , and in that very Afternoon James the Second was proclaim'd in London and Westminster , by Order of the Council : To convince the World , that howsoever the Parliament labour'd to Exclude him from Succession by political Ordinances , and by a Course of Law ; yet , that Design not being accomplish'd , they would not so much as hesitate , or demur upon the right of his Inheritance . He on the other side saluted them graciously , promised to imitate his Brother in his Tenderness to the people , Celebrated the Loyal principles of the Church of England , and past his Royal Word to take care to defend , and support it . The Collection of the Customs , and the Duties of Tunnage and Poundage ( which were annexed to the Crown during the Kings Life ) were continued de bene esse , till the Meeting of a Parliament : All Men were Quiet , and Contented , and he was Congratulated with Addresses from all parts of England , testifying a ready Obedience to his Commands , and devoting their Lives and Fortunes to the defence of his person , and the maintenance of his prerogative : His Accession to the Crown was Solemnised with great Acclamations of Joy thro' the Kingdoms of England , Scotland , and Ireland : Ambasladours from Foreign Princes , and States arrived daily , presenting their Complements of Condolence for the deceased King ; and their satisfaction in his Assumption of the Regal power : On the Twenty third of April , the King and Queen were both Crown'd , and at his Coronation he took the accustom'd Oaths to maintain the Laws , and the establish'd Religion : No King ever Ascended the Throne with less Opposition , Disputes , or preluminary Cautions ; none was ever attended with more apparent circumstances of Felicity ; or had a fairer prospect of becoming Glorious at home , and formidable abroad . The Parliament of Scotland having prevented him in his wishes , and out done all their Predecessours in a redundancy of Zeal and Loyalty : A Parliament met also at Westminster , to whom the King reiterated his assurance of supporting the Church of England ; preserving the Government in Church and State , as by Law establish'd , and a resolution never to invade any Mans property . In this very Juncture , when the King had so endear'd himself to the Parliament by such Gracious Expressions , and they reciprocally Courted him with all dutiful respect , the unfortunate Earl of Argyle ( whose persecution was unparellel'd , Attainted for Treason , before the Law that made it so was promulgated ; and condemn'd only for scrupling to take the Test , which in a short time after , it was a Capital Offence to subscribe ) Landed in the Highlands of Scotland , and set forth a Declaration to justifie his undertaking , and to renounce all Allegiance to the present King ; who immediately communicated the Intelligence he had received to the Parliament , and both Houses without delay express'd their Resentment in Raputres of Love and Zeal , with protestations to stand by him with their Lives and Fortunes against all Opposers , and particularly the Earl of Argyle ; and to demonstrate , that it was no Complement , they presented him with a Bill , for settling the Revenues on him for Life , and resolved on an extraordinary supply for these incident Occasions . While these matters were transacting . News came to the King that the Duke of Monmouth was Landed in the West of England ( an unseasonable Landing for that unhappy Gentleman ! when the Parliament was Charm'd with the good Words , and amused by the great and gracious promises of the King ) with a small party , but every day increasing ; who presently were proclaim'd Traytors , and the King imparting the News to both Houses , they forthwith in a transport of Loyalty reassure him that they will stand by him with their Lives and Fortunes against the Duke of Monmouth , and all other his Enemies , and with an unusual Expedition they past two Acts to augment his Revenue , by a New Imposition on Wine , Vineger , Tobacco , and Sugar ; and to secure his person , an Act of Attainder of the Duke of Monmouth . It was morally impossible for such inconsiderable parties to effect their purposes : the Parliaments in both Kingdoms were unanimous , almost all people relyed on the King's word , not doubting but he would continue a Defender of the Faith , tho he was not a Professor . And so the event proved , for within a few days or weeks at most , the whole Enterprise came to nothing , the forces in each Kingdom were routed and dispersed , the Duke and Earl both taken prisoners , and both executed on the Scaffold . Violent Hurricanes tear Trees out of the Ground ; but the shaking of small winds make the Tree take deeper Root ; the quenching of an intestine Rebellion alway sets the Prince some steps higher , and depresseth the subject as much . The Parliament had now sat long enough to do the Kings Business , and the King had Business to do not fit to be intrusted to the Parliament ; whereupon it was adjourn'd to the fourth of August , and from thence to the ninth of November . At which time being reassembled , the King made the first discovery of his claim to a dispensing Power , telling them plainly , that he will not want the Services of such men whom he accounted faithful , but would imploy them in the Army , tho they were not qualified according to the late Tests : The Parliament modestly and civilly expostulated this unexpected resolution in an humble Address , and proposed an Expedient to moderate the Extremity of the Law , purely to gratifie the Desires of their Prince ; but this did not sound well in the Ears of the Court , some other measures must be taken , and so the Parliament was Prorogued to the tenth of February , and here we may bid them adieu , having after several Prorogations been dissolved , as a company of inflexible stubborn Protestants , who would not tamely comply with the King 's Arbitrary pleasure . Several Noblemen , and other persons were now indicted and try'd for their Lives , some escaped by the merit of their ingenuous Defence , some were respited from Execution , and some suffer'd Death . The Earl of Clarendon was sent Lord Lieutenant into Ireland , that the Protestants might be cajol'd into a lavish credulity , till matters were ripe for their Destruction . An Army of twenty thousand men was rais'd , and encamped at Hounslow-Heath , because the Militia was not found to be useful ; and the late Invasions of Monmouth and Argyle were a sufficient warning to the King not to be taken again unprovided . But the erecting of a Popish Chappel in the midst of the Camp , and the open and daily celebration of the Mass there , ( together with the setting up Convents of Friers , and Schools , and Seminaries of Jesuits in several places in London , the unclean Beasts crossing the Streets , and entring their Arkby couples ) began to startle the people ; and the Dispatch of the Earl of Castlemain to Rome as an Embassador to the Pope , and the entertaining a Nuncio from him , gave a mighty Umbrage of offence to all considering men . That strict Injunction by Law for every man that exercised any Office , to take the Oaths and Test , was a great Barricado against the Preferment of Catholick Candidates ; the Judges must be consulted ( or rather directed ) how to apply some Remedy , and they to their eternal shame , made false Glosses on the Text , betray'd the Law , the impregnable Fortress of English Property , and skrew'd up the Rules of a circumscribed Monarchy to an Absolute and Despotick Government , to command without controul ; and to he obey'd without reserve . But the putting a muzzle upon the old Laws to keep them from biting , was not enough to carry on the work , without introducing some Innovations ; wherefore a Commission was given to certain persons to order all Ecclesiastical Affairs , with an Authority and extent almost unlimited , and a Non-obstante to all Rights and Priviledges . The first Essay made by this exorbitant Court , was on the Bishop of London ( a person noble by Birth , and high in Office , reverenced , and beloved by all men for his Candor , Moderation , and many eminent Vertues ) whom for a frivolous matter , without colour of Law or Reason , they suspended from his Episcopal Function . It was now high time to recall the Earl of Clarendon from the Government of Ireland , that the Sword might be put into the Hands of the Earl of Tyrconnel . To enumerate the mischiefs that have accrew'd to the Protestants by his Administration , would require a Treatise by it self ; let it suffice to say , that in that miserable Kingdom Popery was predominant , and bare faced Mass-houses set up in every Town and Village , the Corporations changed , their Charters condemned , all Offices Civil and Military conferr'd on Papists , the Act of Settlement ( which the King had so seriously promised to keep inviolated ) infringed , and eluded , and Gentlemen dispossessed of their Estates by erroneous Judgments , the Protestants disarm'd and dismounted , such as were able to remove forced to fly ; and such as stay'd behind subjected to all the Insolencies and Barbarities of Slaves vested with Authority . To Scotland strict and severe Orders were sent to restrain all Field-Conventicles , and in England the Dissenters were indicted , fined , and imprison'd . And yet within a short time after , a general Indulgence was publish'd to all Perswasions , with a counterfeit saving to the Rights of the Church of England ; the King being made to believe , that since he was secure from any Opposition from the Church of England ( they lying quietly intrenched under the Blinds of Non-resistance , and Passive Obedience ) if he could but cast a mist before the eyes of the Dissenters , and muffle their hands , and charm them into a supine security ; the desired Reformation might proceed gradually without Interruption , and after a while the Doors might be open'd , and Popery let in with a full Breast . But they were grosly mistaken in their Politicks : The illegal proceedings against the Bishop of London , seconded by the Arbitrary and most unjust persecution of the Vice-Chancellor of Cambridge , and the ejection of the President and Fellows of Magdalen Colledg in Oxford , and the intrusion of profest Papists in their rooms , open'd the eyes of all sorts , and quickly taught the Dissenters what they were to expect ( whose Toleration was Temporary and precarious ) when such open Invasions were made on that Church that was firmly establish'd by Law. But unless the Jesuits and Popish Counsellors had been self murderers , and conspired to overthrow their own Designs , by their imprudent and precipitate actings , they had never abused the poor King by such pernicious advice , to attack the Church of England in the persons of the Bishops , who were the Reverend Fathers of it ; to lay such a snare before wise and religious men , as must endanger their safety , or prejudice their Conscience ; and because they presented an humble Apology by way of Petition ( a priviledg allow'd to all men by the Laws of God and Nature ) imploring to be excused from being made Instruments to countenance and publish the monstrous Assertion of an absolute and dispensing Power ; they were committed to the Tower , Indicted of Misdemeanor , compell'd to plead , try'd by a Jury , and fairly acquitted upon their Trial , to the shame and confusion of their Prosecutors ; and to the unexpressible joy and satisfaction of the whole Nation . The King hoping to establish that by a Law which he could not bring to pass by his will and power , propos'd the calling of a Parliament ; whom that he might form to the Standard set out by the Popish Cabal , he condescended to such mean shifts , and such indirect practices , by forestalling Mens Judgments , and preingaging them against the Liberty , and indifferency of their Votes , and turning Men out of their Imployments , who would not abjure the natural Freedom of their Reason , that in mere Decency and Respect , I forbear to inlarge upon it . Neither will I any more than make mention of the Intrigue about the Birth of the Prince of Wales : Great pains have been taken to offer convincing proofs to the World of the Legitimacy of that Child ; whereas there is nothing so hard to be proved , as a Business of that Nature : And the suspition of an Imposture has made such an Impression on common belief , that an Act of Parliament in Favour of the Birth would hardly reconcile the people to a Submission . The bloody Executions in the West of England , upon the unhappy Abettors of the Duke of Monmouth , exasperated Multitudes of People into Discontent , and Mutiny : but when it was reported , that the King had given the Lives of so many wretched men by whole sale to his Servitors to be retail'd by them for Lucre and Profit ; the whole Nation was affected with that unexampled Barbarity , and became seasoned with a secret Aversion to his Government . The furious Drivers of the Jesuitical Plots began too late to be sensible of their mistaken Policy : they had stretached the Prerogative so high that is began to crack ; they had by their damnable Counsel hurried the unfortunate King to the Brink of Ruin : The Skie began to thicken with Clouds , and Thunder was heard a far off . Wherefore they began with all hast to tack about to unravel that work which with so many hands and such indefatigable industry they had been knitting . Suddenly and unexpectedly a Proclamation issued to summon a Parliament with Exclusion of the Roman Catholicks ; soon after the Charter of London , and all other Corporations was restored : The Suspension of the Bishop of London taken off : The Vice-Chancellor and others of Cambridg , and the President and Fellows of Magdalen-Colledge in Oxford reinstated in their Places ; The monstrous Commission for Ecclesiastical Affairs dissolved ; a Proclamation set out carrying the Face of a general pardon ; but Squinting at and Indemnity to Papists . All men were fill'd with wonder at such a hudled and surprising Alteration ; that the great Ministers of State should so poorly truckle to the Satisfaction of the People ; that the King should send for the Bishops and court them , from whom a little before he would not endure the Address of an humble Petition . But the Riddle was soon unfolded , and the wonder was turned into an Exultation of Joy at the miraculous Revolution of Affairs . The Lords Spiritual and Temporal and the Prime Gentry of England , sadly resenting the Invasion on their Religion , Liberties , and Properties observing the arbitary and despotical proceedings in Scotland , beholding Ireland wholly given up to Popery , and Slavery , and their own Ancient Laws and establish'd Religion subverted by him , who had so often and so solemnly promised the maintenance and Protection of them ; they began to consult of some proper and effectual means to divert the impending mischiefs , and to assure the restitution of their ravish'd Freedom . To this end they made application to the most illustrious Prince of Orange , the Champion and Protector of the Protestant Religion , imploring his Aid to rescue them from Oppression and Slavery , and to save their Liberties now expiring and at the last Gap. He with a Bravery and Generosity , not to be matched in any History descended to their Relief , and ( postponing all his own Interests and Advantages ) with the hazard of his person , and the consumption of a vast Treasure , landed in England , not with a mighty Army , least it should look like an Invasion ; neither with too small a Party least he should seem pusht on by a Necessity , or ingaged in a desperate undertaking . The King had a great Army on Foot , which was quickly increased by a considerable Addition . And with appearance of great Resolution , and confidence of Success , he marcht from London : But he soon found by a fatal Experience , that the Hands of his Subjects were directed by their hearts , in which having forfeited his possession , he was to expect no Service or Assistance from them . On the contrary the Lords and Gentlemen , from all parts of the Kingdom flock'd in with their Arms and Horses to joyn their Deliverer , and many Trops and Regiments of the Kings Army deserted him , not enduring to be mingled among Papists , or be obliged to fight against Protestants . The King in this Perplexity was wholly irresolute what course to take ; at last he posted to London , where missing his Popish Favorites ( whom Fear of Punishment , and the Terror of an evil Conscience had utterly dissipated ) he did not think it fit to trust his best and truest Subjects , but secretly withdrew himself in a Disguise , and being by a strange Accident discoverd , he was reconducted to London ; from whence , at his own desire , he was attended to Rochester : but not being able to live without the Ministration of Priests , and Jesuits , he slipt away to the Sea side , and saild for France , voluntarily , and without constraint abdicating the Government , leaving the Throne vacant , and the Body of his People , without a head . Here ended the Reign of James the Second , too violent to last long . A Prince who ( when he was a Subject ) had the Reputation of being a valiant Leader , afirm Friend , and an immovable Observer of his word and Promise : But the Assumption of a Crown , the Flatteries of a bigoted Queen , the desperate Counsels of a Popish and Atheistical Cabal , with a blind Perswasion of meriting Heaven , by the Adventure of all he had upon Earth , hath exposed him to Censure , and represented him under a contrary Character . Perhaps he is absolved from the guilt of his personal vices by his Confessor , and he shall be acquitted of the Remembrance of them by me , I have so great a Reverence for those of his nearest Blood , that I shall not by the Blots of my Pen imprint a Stain on his Memory , or diffuse the Tincture on his Posterity . The Conclusion . Thus you have a breif Epitome of the unfortunate Reigns of Six of the English Monarchs . Of Which the First Broke his Neck ; The next Broke his Heart ; And every one of them Broke his Vows to God , and his Promises to his Subjects . The First of them came to an untimely End ; The second died with Trouble of Mind ; The two next were deposed from Government , and violently put to Death . The next died suddenly , to say no more of it ; and the last dethroned himself , lives miserably , and in all human probability will not die happliy . One of them was struck to the heart by an Arrow ; another by Greif ; two perish'd by the Hands of cruel men ; The next died of an Apoplexy ; I guess the Fate of the last , but I will not take upon me to prophesie . I wish , all those who desire to be call'd Protestants , would understand their own happiness ( and joyfully and thankfully acknowledg it ) to live under a Protestant King , and a Protestant Queen ( a Blessing rare in these Kingdoms , and not known for many years past ) God grant them a long and prosperous Reign , attended with all the Instances of Glory and Felicity ; that under their auspicious Influence true Religion may flourish , and detestable Popery may for ever be banish'd out of their Dominions . FINIS Books lately Printed for Ric. Chiswell . THe Case of Allegiance in our present circumstances considered , in a Letter from a Minister in the City , to a Minister in the Country . A Breviate of the State of Scotland in its Government , Supream Courts , Officers of State , Inferiour Officers . Offices and Inferiour Courts Districts , Jurisdictions , Burroughs Royal , and Free Corporations . Fol. Some Considerations touching Succession and Allegiance . A Discourse concerning the Worship of Images ; preached before the University of Oxford : By George Tully Sub-Dean of York , for which he was Suspended . Reflexions upon the late Great Revolution : Written by a Lay-Hand in the Country , for the satisfaction of some Neighbours . The History of the Dissertion ; or an Account of all the publick Affairs in England , from the beginning of September 1688. to the Twelfth of February following . With an Answer to a Piece call'd , The Dissertion discussed , in a Letter to a Country Gentleman : By a Person of Quality . K. William and K. Lewis , wherein is set forth the inevitable necessity these Nations lie under of submitting wholly to one or other of these Kings ; And that the matter in Controversie is not now between K. William and K. James , but between K. William and K. Lewis of France , for the Government of these Nations . An Examination of the Scruples of those who refuse to take the Oath of Allegiance , by a Divine of the Church of England . A Dialogue betwixt two Friends , a Jacobite and a Williamite ; occasion'd by the sate Revolution of Affairs , and the Oath of Allegiance . An Account of the Reasons which induced Charles the Second , King of England , to declare War against the States-General of the United Provinces in 1672. And of the Private League which he entred into at the same Time with the French King to carry it on , and to establish Popery in England , Scotland , and Ireland , as they are set down in the History of the Dutch War ; printed in French at Paris , with the priviledge of the French King , 1682. Which Book he caused to be immediately suppress'd at the Instance of the English Ambassador . Fol. An Account of the Private League betwixt the late King James the Second , and the French King. Fol. The Case of the Oaths Stated . 4to . The Answer of a Protestant Gentleman in Ireland to a late Popish Letter of N. N upon a Discourse between them , concerning the present posture of that Country , and the part fit for those concern'd there to Act in it . 4to An Apology for the Protestants of Ireland , in a brief Narative of the late Revolutions in that Kingdom ; and an Account of the present State thereof : By a Gentlemen of Quality ●to . A Letter from a French Lawyer to an English Gentleman , upon the present Revolution . 4to Scriptorum Ecclesiasticorum Historia Literaria a Christo nato usque ad Saeculum XIV . Facili ethodo digesta . Qua de Vita illorum ac Rebus gestis , de Secta , Dogmatibus , Elogio , Stylo ; de Scriptis genuinis , dubiis , supposititiis , ineditis , deperditis , Fragmentis ; deque variis Operum Editionibus perspicue agitur . Accedunt Scriptores Gentiles , Christianae Religionis Oppugnatores & cujusvis Saeculi Breviarium . I 〈…〉 untur suis locis Veterum aliquot Opuscula & ●ragmenta , tum Graeca , tum Latina hactenus inedita . Praemissa denique Prolegomena , quibus 〈…〉 ma ad Antiquitatis Ecclesiasticae studium spe 〈…〉 ia traduntur . Opus Indicibus necessariis ●uctum . Autore GVILIELMO CAVE , SS . Theol. Profes . Canonico Windesoriensi . Accedit ab Alia Manu Appendix ab ineunte Saeculo XIV . ad Annum usque MDXVII . Fol. 1689. 
A35809	----	Reasons for His Majesties passing the bill of exclusion in a letter to a friend. Devonshire, William Cavendish, Duke of, 1640-1707. 1681 Approx. 20 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A35809 Wing D1233 ESTC R253 12264627 ocm 12264627 57968 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35809) Transcribed from: (Early English Books Online ; image set 57968) Images scanned from microfilm: (Early English books, 1641-1700 ; 180:14) Reasons for His Majesties passing the bill of exclusion in a letter to a friend. Devonshire, William Cavendish, Duke of, 1640-1707. [2], 6 p. Printed for J.W. and sold by Langly Curtis, London : 1681. "By William Cavendish, afterwards Duke of Devonshire?"--Halkett & Laing (2nd ed.). Title page vignette. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Charles II, 1660-1685. Great Britain -- Kings and rulers -- Succession. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2006-10 Celeste Ng Sampled and proofread 2006-10 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion REASONS FOR His Majesties Passing THE BILL OF EXCLUSION . IN A LETTER To a FRIEND . LONDON : Printed for J-W . and sold by Langly Curtis , 1681. REASONS for His Majesties Passing The BILL of EXCLUSION . I Am not ignorant that you have lately heard Reports to my disadvantage , concerning some matters relating to the Publick : and though I flatter my self ( much more I confess from your Partiality to me , than any Merit I can pretend to ) that you do not think the worse of me for them ; yet because one cannot be too sure of what one values so highly , as I do your Esteem , I take the liberty to give you some account of my Thoughts of the present posture of Affairs , that if I am not so happy as to continue still in the good opinion you have formerly had of my firmness to the Publick Interest , I may learn at least in what particular you conceive I have varied from it : Which last , though perhaps less welcome than the first , will yet be own'd as a very great mark of your Friendship , since I assure my self , you have too much Charity for me to impute my Errours in this kinde to any worse cause than want of Understanding . I must confess , I have had no great Veneration of late for some Men , who though extreme zealous in appearance for things of Publick Concern , and particularly for the Bill for Excluding the Duke of York from the Succession to the Crown , have yet taken such Methods for the obtaining that Bill , as ( with respect to their Popularity ) look't to me , as if they had rather wish'd it should be denied , than granted . I mean a sort of men that pass with the Vulgar for very publick Spirits , yet are no otherwise for the Publick Good , than as they think it may conduce to their own private Designs . If matters be not dispos'd for them to leap into a great Place , or to be restor'd to some Office they have formerly enjoy'd , and in which they have discovered Principles far different from what they now profess : if every one they have a prejudice to be not immediately removed , or perhaps if they fancy themselves the most likely to head the Rabble , should things fall into confusion ; they will be sure with great appearance of Zeal to press things of less moment , and which they think will be denied , lest any thing that really tends to Settlement should be granted ; and they are for the most part gainers by this , for their Vehemence , which proceeds from dark and hidden causes , seldom fails of being mistaken by the Vulgar for a true and hearty Love of their Country . I believe His Majesty will finde these men harder , I am sure less necessary to be satisfied , than the Nation : And therefore I hope you will not wonder if I , who care not much for a great Office if the Bill of Exclusion do pass , or to be popular with the Rabble if it do not , cannot heartily concur with all that seems to be aimed at by that sort of people . I suppose you have heard which way I have declar'd my Opinion concerning that Bill , when I thought it to any purpose : But give me leave ( with as little reflection upon the Causes of the breach of the last Parliament , as the subject will permit ) to tell you , what in my poor judgment may most conduce to the passing it in the Parliament which is to meet at Oxford . I cannot imagine how popular Speeches in either House , or angry Votes that are not always backt with the strongest Reason , much less the Pamphlets that fly about in the Intervals of Parliament , can signifie much to the obtaining this Bill ; for to what purpose are Arguments to the People to prove the necessity of that , which they are so fully convinc'd of already ? I should rather think it worthy the Wisdom of the next Parliament , to consider what Argumens are most likely to prevail with the King himself in this matter ; and instead of such Addresses as carry the least shew of Menace in them , which cannot but be offensive , since to suppose a King capable of Fear , is the worst Complement can be made him ; instead of angry Votes which may alienate the Hearts of the people yet farther from His Majesty , and make him more averse from granting their reasonable Desires , and consequently from consenting to this Bill , to lay before him such Reasons for it , as may convince him that it is his own particular Interest to pass it . I do not mention the House of Lords , being too well assur'd of the Loyalty of that Noble Assembly , to doubt of their passing any thing for which His Majesty shews the least Inclination . Taking it then for granted that this Bill only sticks with His Majesty , no Arguments are of moment to obtain it , but such as ought to be of weight with Him ; and those I conceive to be of this Nature . One Objection must first be removed : for since Kings , of all Men living , ought to have the greatest regard to Justice , we must not suppose that His Majesty can ever consent to this Bill , till he be satisfyed of the Justice of it . I shall therefore endeavour to prove , not onely that it is just , but agreeable to the very intention and design of Government . It seems to me to be an undeniable Position , that Government is intended for the safety and protection of those that are Govern'd ; and that where the Supreme power is lodg'd in a single Person , he is Invested with that power , not for his own greatness or pleasure , but for the good of the People . The Tyrannies in Aristotles time , and those that continue to this day in the Eastern parts , must certainly have degenerated from a better kind of Government by some accident or other ; since what people can be suppos'd to have been so void of sense , and so servilely inclin'd , as to give up their Lives and Liberties to the unbounded disposal of one man , without imposing the least condition upon him ? For admit , according to Mr. Hobbes , that Monarchical Government is form'd by an Agreement of a Society of Men , to devolve all their power and interest upon one Man , and to make him Judge of all Differences that shall arise among them ; 't is plain , that this can be for no other end , than the Security and protection of those that enter into such a Contract ; otherwise , you must suppose them Mad-men , voluntarily to strip themselves of all means of Defence , against the fury and violence of one of their number , rather than continue in a state of War , where at the worst , they are as free to Rob , as they are subject to be Rob'd . 'T is hard therefore to conceive , that Absolute Monarchy could ever have been constituted by consent of any Society of Men , ( besides that we see those that live under them , would be glad to shake off their Yoke if they could ) but 't is probable they may have been rais'd by the Ambition and Valour of some Prince , or Succession of Princes , or by the peoples supineness in suffering themselves to be enslav'd by degrees , and so being at last forc'd to submit , when 't was too late to oppose . I have insisted the longer upon this Argument , because another depends upon it , which comes nearer the present Question ; for if no Reason of Government can be assign'd , but the Safety and Protection of the People , it follows naturally , that the Succession of Princes in Hereditary Monarchies , cannot be binding , nor ought to be admitted , where it proves manifestly inconsistent with those ends . I need not instance in all the cases that incapacitate a Prince to perform the Office of a Chief Governour ; but I can think of no disability so strong or so undeniable , as his being of a different Religion from that which is generally own'd by the People . Religion , consider'd only in a Politick Sense , is one of the chief Supports of Civil Government ; for the fear of corporal Punishments , nay of Death itself , would often prove insufficient to deter men from refusing Obedience to their Superiours , or from breaking their Laws , without those stronger tyes of Hope of Reward , and Fear of Punishment in another Life . The Romans , of a fierce and rude people , were made tractable by Numa , and submitted to such Laws and Customs as he thought fit to introduce , not so much by their being convinc'd of the reasonableness of those Laws , as by the finding a way to perswade them , that all his new Constitutions were the Dictates of a Divinity , with whom he pretended daily to converse . This sense of Religion rais'd that People afterwards to that incredible exactness of Order and Discipline ; and the belief they had the Gods of their side , made them run so intrepidly upon Dangers , that Cicero observes , that though some Nations excell'd them in Learning and Arts , others equall'd if not exceeded them in Valour and Strength , 't was to Religion , and their respect to Divine Mysteries , that they ow'd their Conquest of the World. But this very Religion , that is the Bond of Union between a Prince and his People , when both profess the same , must of necessity produce the contrary Effects , and be the seed of the most fatal Disorders , nay of the Dissolution of Governments , where they differ . The same Conscience that tyes the Peoples Affections fastest to the Prince in the first case , dissolves all manner of Trust , all bonds of Obedience , in the second . It is impossible that a Prince should signifie any thing towards the support of the People's Religion , being himself of another ; nor would it ever be believed , if he could : And how can that Government subsist , where the People are unanimously possest with a belief that the Prince is incapable of protecting them in that which for the most part they value above all other considerations ? I know no instance can be given in this Northern part of the World , even in those Kingdoms that have varied from their Original Constitution and are become Absolute , that a Prince of a different Religion from the People , was ever admitted to the Crown . Queen Mary here in England met with some opposition ; yet she could not be said to be of a different Religion from the People : for Popery was so far from being extirpated in her days , that she found a Parliament that joyn'd with her in the restoring that Religion . But in France , when the King of Navarre , a Protestant , was presumptive Heir to the Crown , the States assembled at Blois ( as all Historians of that Time agree ) had certainly Excluded him , and the rest of that Branch that were Protestants from the Succession , if they had not parted abruptly , upon the Death of the Duke of Guise and his Brother . Nay some affirm , that the King himself , though of the Establish'd Religion , was not out of danger of being Depos'd , upon a Suspicion of his favouring too much the Protestant Faction , in opposition to the League . After the Kings Death the Hereditary Right was without Dispute in the King of Navarre ; but he found none to assist him in the making good his Title , but the Protestant Party , of whom he was the Head , and some Creatures of his Predecessour , that took his part more out of Hatred to the League , than Affection to him . This Prince was at last indeed admitted to the Crown , upon his Conversion to the Church of Rome . But that would not have sufficed , nor would the Generality of the People , who were extremely zealous for their Religion , ever have trusted one that had been of another , had he not happen'd to be a Prince of incomparable Courage and Conduct , who through Seas of Blood , and after many Victories , forcing his Entrance into the Capital City , made his way to the Throne by Conquest , rather than by a voluntary Admission of the People . It is observable by the way , that the Bishops and Clergy of France were so far from setting up a Divine Right of Succession above the Religion establish'd , that most of them opposed him even after his Conversion , all of them before ; and the Pulpits rung with such bitter Invectives against him , ( only upon the account of Religion ) as perhaps no Age can parallel . This I should think might serve for Instruction to some Bishops , that I could name , who by maintaining that nothing ought to over-rule the Hereditary Right of Succession , must either confess , that their Religion deserves not so much to be defended as the Romish doth , or that they themselves are not so zealous in the defence of it as they ought to be . Let these Assertors of Divine Right tell me , if in France , at this day the most Absolute Monarchy in Europe , and where the Succession is held most Sacred , a Protestant Prince would be admitted to the Crown . And here in England , besides the consideration of Religion , that of Property is not to be neglected , since what security can be given that Abbey-Lands , in which most Landed men in the Kingdom have a share , would not be restor'd to the Church under the Reign of a Popish Prince ? The Objection that a Prince may be of the Church of Rome , and yet not change the Establisht Religion , is frivolous . For though there may be a possibility of his not attempting it , deterr'd perhaps by the peoples universal detestation of Popery , or discourag'd by the ill success of former Attempts ; this amounts to no more , than that he will not bring Popery in , because he cannot . But is this all that a King of England is obliged to do , by the Oath which he takes at his Coronation ? An Oath not only a Crime for him to take , ( if he be a Papist ) but impossible for him to keep . For can a Papist defend that Religion to the utmost of his power , which cannot be fully secured but by the suppression of his own ? Can he be a fit Head of the Protestant Interest abroad , who ( while he continues of the Church of Rome ) must wish there were never a Protestant left in the world ? If he be incapable of doing this , that is , if the ends of Government cannot be obtained in the ordinary course of Succession , the State must of necessity fall into Confusion , if there be not an extraordinary power lodg'd somewhere , to provide for its preservation . That Power here in England , is in a Parliament , and has often been made use of ; but I conceive , for the Reasons above mention'd , never more justly than upon this occasion . And though the Justice of this Bill be very clear , I think the next thing yet easier to prove , which is , That it is His Majesties real Interest to pass it . For if this Government be so constituted , that the King having the Hearts of his people , is one of the most considerable Princes in Europe , but without them signifies but little , either at home or abroad , as I doubt that is the case ; and if nothing can contribute more to the alienating the peoples Affections from him , than his denying this Bill , one would think there needed no other Motives to induce His Majesty to pass it . But besides , I should not think this unworthy of His Majesties Consideration , if there are some persons to whom he may have a just prejudice ; and who if they cannot bring to pass what-ever they propose to themselves , will still be endeavouring to make the Breach wider ; whether the denyal of this Bill may not furnish them with too plausible Arguments with the People , to refuse such necessary demands as His Majesty may make for the Safety of the Kingdom , or the support of his Alliances ; and whether on the contrary , the passing it may not very much disappoint those Counterfeit Patriots , by taking from them the best pretence they have of stirring up the People to Sedition . Nay , who knows but the refusal of this Bill may exasperate the Nation to that degree , that a Title may be set up on pretence of a former Marriage , by the help of false Witnesses , which though as ridiculous in itself , as injurious to His Majesties Reputation , may yet put the whole Kingdom into a flame ? The Expedient of taking away all Regal Power from a Popish Successor , and leaving him only the Name of a King , can be no satisfactory security to the Nation , unless such a Form of Government were setled during the Life of his Predecessor . For otherwise the Successor , ( having a right to the Crown , which without an Act to exclude him he will have ) may not only pretend that the Predecessor cannot give away his Prerogative , but probably may succeed in opposing it , by the difficulty that is always found in the introducing of New Constitutions . Now whether this Expedient ( being put in practice during the Life of the present King ) be not as good for the people , as the Bill , I shall not now dispute ; but as to the King himself , I think 't is clear , that nothing can be less for his Honour or Interest , than to admit of such an Expedient . The Objection that this Bill may Disunite Scotland from England , seems not very weighty . For first , we know not but a Free Parliament there , may pass a Bill to the same effect ; but if they do not , the Disunion cannot happen , unless the Duke outlive the King ; and in that case , will continue but during his Survivance , for the next Successor will unite the Kingdoms again . This inconvenience therefore , if it be at all , will be of so short continuance , as cannot be of weight to ballance with those present and visible Mischiefs that may fall upon the Nation for want of this Bill . Some have fancy'd , and I hope 't is but a fancy , that the King has made a Solemn promise to his Brother , never to pass it . I will suppose the worst . If His Majesty have made such a promise , I conceive , with submission , it is void in itself . For if he have taken an Oath at his Coronation to maintain the Establisht Religion , and in order to that , it be necessary to pass this Bill , I doubt no subsequent promise can absolve him from the performance of that Oath . In the next place , all promises are understood to be for the advantage of him that makes them , or of him they are made to , or both . But the performing this would not only be ruinous to His Majesty , but of no advantage to his Royal Highness : for how great soever his Merit and Vertues are acknowledged to be , he lyes under a circumstance that makes it impossible for him to come to the Crown ( though this Bill never pass ) but by Conquest ; and that way he may have it , notwithstanding all the Acts that can be made to oppose him . I shall add no more to the trouble I have given you upon this Subject , but that I am for this Bill , because I think it just and necessary , not because it is contended for by a Party : for I hold my self as free to differ with that Party , when I think them in the wrong , as to agree with them when they have reason of their side . This may be an Errour , at least may be subject to mis-construction , in a time that most things are so ; but I hope you that have known me long , will judge more charitably of SIR , Your most Humble Servant . FINIS . 
A37640	----	Whereas there has been a horrid and detestable conspiracy formed and carried on by papists and other wicked and traiterous persons for assassinating His Majesties royal person 1699 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A37640 Wing E1236 ESTC R27640 10051768 ocm 10051768 44474 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A37640) Transcribed from: (Early English Books Online ; image set 44474) Images scanned from microfilm: (Early English books, 1641-1700 ; 1356:3) Whereas there has been a horrid and detestable conspiracy formed and carried on by papists and other wicked and traiterous persons for assassinating His Majesties royal person Leverett, John. England and Wales. Parliament. 1 broadside. s.n., [Boston : 1699?] A declaration of support for William III against the followers of James II. Title from 1st lines of text. At head of broadside: Association. Signed in manuscript: John Leverett, Samuel Layman, Thomas Browne, Jam.s Converse. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702. Great Britain -- Kings and rulers -- Succession. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2009-01 Emma (Leeson) Huber Sampled and proofread 2009-01 Emma (Leeson) Huber Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Association . WHEREAS there has been a horrid and detestable Conspiracy formed and carried on by Papists and other wicked and traiterous persons for Assassinating His Majesties Royal Person , in order to encourage an Invasion from France , to subvert our Religion , Laws and Liberty . We whose Names are hereunto subscribed , Do heartily , sincerely and solemnly profess , testify and declare , That His present Majesty KING WILLIAM is rightful and lawful KING of the Realms of England , Scotland and Ireland : And we do mutually promise and engage to stand by and assist each other to the utmost of our power , in the support and defence of His Majesties most Sacred Person and Government , against the late King James and all his Adherents . And in case His Majesty come to any Violent or untimely Death ( which GOD forbid ) We do hereby further freely and unanimously oblige our selves , to unite associate and stand by each other in revenging the same upon His Enemies and their Adherents , and in supporting and defending the Succession of the Crown , according to an Act made in the first year of the Reign of King WILLIAM and Queen MARY , Intituled , An Act Declaring the Rights and Liberties of the Subject , and settling the Succession of the Crown . 
A42235	----	The proceedings of the present Parliament justified by the opinion of the most judicious and learned Hvgo Grotivs, with considerations thereupon written for the satisfaction of some of the reverend clergy who yet seem to labour under some scruples concerning the original right of kings, their abdication of empire, and the peoples inseparable right of resistance, deposing, and of disposing and settling of the succession to the crown / by A lover of the peace of his country. Grotius, Hugo, 1583-1645. 1689 Approx. 32 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A42235 Wing G2124 ESTC R17553 11739267 ocm 11739267 48480 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42235) Transcribed from: (Early English Books Online ; image set 48480) Images scanned from microfilm: (Early English books, 1641-1700 ; 532:12) The proceedings of the present Parliament justified by the opinion of the most judicious and learned Hvgo Grotivs, with considerations thereupon written for the satisfaction of some of the reverend clergy who yet seem to labour under some scruples concerning the original right of kings, their abdication of empire, and the peoples inseparable right of resistance, deposing, and of disposing and settling of the succession to the crown / by A lover of the peace of his country. Grotius, Hugo, 1583-1645. Grotius, Hugo, 1583-1645. De jure belli et pacis. 20 p. Printed, and are to be sold by Randal Taylor, London : 1689. The Latin text of selections from Grotius' De jure belli et pacis is accompanied by an English translation and commentary. Reproduction of orginal in Bristol Public Library, Bristol, England. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Nonjurors. Great Britain -- History -- Revolution of 1688 -- Pamphlets. Great Britain -- Kings and rulers -- Succession. 2007-11 TCP Assigned for keying and markup 2007-11 Apex CoVantage Keyed and coded from ProQuest page images 2008-03 Robyn Anspach Sampled and proofread 2008-03 Robyn Anspach Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE PROCEEDINGS OF THE Present Parliament , &c. THE PROCEEDINGS OF THE Present Parliament JUSTIFIED By the OPINION of the most Judicious and Learned HVGO GROTIVS ; With Considerations thereupon . WRITTEN For the Satisfaction of some of the Reverend Clergy who yet seem to labour under some Scruples concerning the Original Right of Kings , their Abdication of Empire , and the Peoples inseparable Right of Resistance , Deposing , and of Disposing and Settling of the Succession to the Crown . By a Lover of the Peace of his Country . With Allowance . LONDON : Printed , and are to be Sold by Randal Taylor , 1689. The Opinion of the most Learned and Judicious HUGO GROTIUS , &c. THere are some , I do observe , amongst the Clergy of the Church of England , who seem very much concerned for the late King's Interest , and dissatisfied with the Management and Disposure of Affairs relating thereto , by this Great and Honorable Convention of the Lords and Commons now assembled in Parliament . All who cherish Resentments of this kind I dare not indistinguishably condemn , because they may possibly be directed in some by a Principle of Honor and Honesty : But those whose Intentions are honest , and do not principally design thereby to betray their Country into Popery and Vassalage ( for such will be the natural Consequences , tho not the Inducements to their Wishes ) I desire they would seriously weigh this Right they so much contend for , in the Ballance of Law and Reason , before they pass a Censure , or ground an Opinion . There can be no Right pretended either to Property or Dominion , but by the Laws of Nature , Nations , or the Municipal Laws of the Country where such Right is claimed , and altho the latter of these are grounded upon and derived from the two former , yet do they notwithstanding take place in the deciding of all Difficulties , so far as their Statutes or Presidents do extend : But where the municipal Laws are silent or defective , there Recourse is to be had to the Laws of Nature and Nations . Upon this account it was , that the Grave and Learned Serjeant Maynard , being applyed unto , as the fittest person , in respect of his great Age and Learning , to signifie what the Laws of the Land did direct in such an Exigence as this , replyed , That it was true , he was the most ancient of all those who attended that Prosession , that he had outlived several Kings , and several Sets of Judges , but now he had also outlived the Law it self . Intimating thereby , that the Case was so unusual and extraordinary , that it went beyond the Direction of the municipal Laws , and therefore must appeal to a more remote Tribunal . The Reason why I do more particularly single out the Opinions of this famous Civilian upon this Occasion , is because of the great Credit and Authority he has obtained in the World , especially amongst the Clergy , and is above all other of his Faculty , most tender of the Rights and Prerogatives of Crowned Heads . Upon this account there can nothing reasonably be objected to his Sense of those Scruples and Difficulties which some at present labor under . Therefore I desire they would hear him in his own Words , with the most fair and genuine Translation they will admit . Grot. de Jure Belli & Pacis , Lib. 1. Cap. 4. Sect. 16. Si Bello injusto & cui Juris Gentium requisita non adsint , Imperium arripuerit aliquis , neque pactio ulla secuta sit aut fides illi data , sed sola vi retineatur possessio : videtur manere belli jus , ac proinde in eum licere quae in hostem licet , qui , à quolibet etiam privato , jure potest interfici . In reos Majestatis , inquit Tertullianus , & publicos hostes omnis homo miles est . If any one by an unjust War , such as wants those Requisits which by the Laws of Nations it ought to have , does usurp a Government , nor afterwards enters into any Compact with the People , nor is there any Trust reposed in him , but his Possession is maintained by Force ; the right of War does in this Case still continue , wherefore it is lawful to deal with him in all things as with an Enemy , for he may be justly slain by any private person . Tertullian tells us , That against those who are guilty of usurping Majesty , and against common Enemies , every one is a Soldier . I know but of three ways whereby Empire can be originally acquired . The first is by Nature , and the Governor a Patriarch , who immediately presides over a Family or City of his own natural Generation , or claims the Government by a Lineal Descent from him who was the common natural Ancestor of all his Subjects . To this Title I think there is no Prince now in the World lays claim : if there be , let him produce his Pedegree , and prove himself the Primogenitus by an Hereditary Line from the natural Father of his People , and I will not farther contend it with him . The second sort of Empire is by Conquest , of which you see what Grotius says . But put the case the Conqueror had a Right prior to his Conquest , so that the War cannot be called unjust , yet after he has acquired the Government , he cannot at once be in , by two Titles , so as to exercise the respective powers given by both ; because if he holds by Conquest his power is Absolute ; if by Contract , then limited and directed by the People ; and he cannot be both absolute and limited at the same time . From hence it must necessarily follow , that by every Act wherein he transgresses his limited power , in usurping what he had no manner of Right to , he renounces his lawful Title , and rules by force and violence only , and thereby the Conquerors unjust War , and the Peoples just Right to vindicate themselves from this unjust usurpation , is still continued . As the Case stands now with us in England , if the late King could have claimed by Conquest , as many have pretended he might , from William the Conqueror , only to palliate some illegal Proceedings ; what has been done against him , and much more , in the Opinion of this learned Man , had been both lawful and justifiable . But if he claims neither as a Patriarch , nor by Conquest , then there is only left for him to claim by Compact , under which Qualification I desire you would farther consider him by the Rules which our learned Author lays down . Grot. de Jure Belli , Lib. 2. Ch. 14. Sect. 4. Promissa quoque plena & absoluta atque acceptata , naturaliter jus transferre , demonstratum supra est ; quod itidem ad Reges , non minus quam ad alios pertinet , ita ut improbanda sit , hoc quidem sensu , eorum sententia , qui negant Regem teneri unquam his quae sine causa promisit . That Promises fully made and accepted do naturally transfer a Right , is already shewn . Now this holds as well in Kings as in private Men : their Opinions therefore are not to be allowed of , who hold , that what a King promises without a good cause , is not obligatory . Contrary to this fundamental Law of Nature and Reason is the Opinion of those Divines who hold all Kings to be Jure divino , and consequently their Power absolute ; so also of those common Lawyers who would justifie that all Concessions made by the Prince to his People , in diminution of his Prerogative Royal , ( tho dangerous and destructive ) are void and revokeable . Ib. Lib. 1. Ch. 4. Sect. 7. N. 3. Notandum est , primo homines non Dei praecepto sed sponte adductos , experimento infirmitatis familiarum segregum adversus violentiam , in societatem civilem coiisse , unde Ortum habet Potestas Civilis , quam ideo Humanam Ordinationem Petrus vocat , quanquam alibi & Divina Ordinatio vocatur , quia hominum salubre institutum Deus probavit . Deus autem humanam legem probans , censetur probare ut humanam & humano more . 'T is to be observ'd , That Men did not originally unite into civil Communities by any Command from God , but voluntarily , and from the experience they had that separate Families were alone unable to resist any foreign Force . From hence grew Civil Power , which Peter therefore calls an Humane Ordinance , tho elsewhere it is called a Divine Ordinance , because God did approve thereof as suitable and convenient for the good of Mankind ; but when God approves of an Humane Law , he must be suppos'd to do it as humane , and after an humane manner . In this Paragraph our Author traces a lawful Empire to its Originals : he finds it then to reside in the People , and derives it , together with the reasons thereof , from Them , to such Person or Persons in whom it is by their Act and Sanction plac'd and confirm'd . Ib. Lib. 1. Cap. 4. Sect. 7. N. 2. Ferri enim leges ab hominibus solent & debent cum sensu humanae imbecillitatis . Haec autem Lex de quâ agimus , pendere videtur à voluntate eorum qui se primum in societatem civilem consociant , à quibus jus porro ad imperantes manat . Hi vero si interrogarentur , an velint omnibus hoc onus imponere , ut mori proeoptent , quam ullo casu vim superiorum armis arcere , nescio an velle se sint responsuri , nisi forte cum hoc additamento , si resisti nequeat , nisi cum maxima , Reipublicoe perturbatione aut exitio plurimorum innocentium , quod enim tali circumstantia caritas commendaret , id in legem quoque humanam deduci posse non dubito . All Laws and Governments always are and ought to be establish'd by the first Legislators with respect to humane Frailty . The Law we treat of ( viz. of Resistance in cases of inevitable necessity ) seems to depend upon the Intention of those who first enter'd into Civil Society , from whom the Right of Governing is transferr'd to the Governor . If such were ask'd , Whether they intended to impose a Yoke equal to Death it self upon all who should offer to resist the Tyrannies of a superior Magistrate , by force , upon any account whatsoever ; I much doubt , whether they would declare themselves in the Affirmative , unless perhaps to avoid the Inconveniencies which might attend such a Storm in the State , and the destruction of many Innocents : for what in this case Charity would oblige , may be received as a Law. Here our Author gives another touch at the Original of Empire , and in effect tells us , that as it first was in the power of the People to make the Laws of Government , so it is absurd to think , that they should not by those Laws secure themselves against the Passions and Infirmities of the Governour , which they then made , that thereby they might be justifiable in re-assuming their native Liberty , so far as to repel by force the violence he should offer either to themselves or their Laws . To this effect , and more closely , does Vasquius write , Lib. 11. cont . Illust . cap. 82. n. 3. Semper licet subditis si possint , in libertatem eam , scilicet quae populi est , se vindicare : Quia quod vi partum est imperium vi possit dissolvi ; quod autem ex voluntate sit profectum , in eo poenitere liceat & mutare voluntatem . Grot. de Jure Belli , Lib. 1. Cap. 4. Sect. 13. Si Rex partem habet summi imperii , partem alteram populus aut Senatus , Regi in partem non suam involanti , vis justa opponi potest , quia eatenus Imperium non habet : Quod locum habere censeo etiamsi dictum sit , Belli potestatem penes Regem fore , id enim de bello externo intelligendum est : cum alioqui , quisquis Imperii summi partem habeat , non possit non jus habere eam partem tuendi . Quod ubi sit , potest etiam Rex sui imperii partem , Belli jure amittere . If the Supreme Power be divided between the King and the People , he may justly be resisted by Force if he invade that part which is not his own , because his Power extended not to it . This I conceive must be allow'd , though the King have the Power of Peace and War ; for this is to be understood of Foreign War. Whosoever hath any part of the Supreme Power , must also necessarily have a Right to defend it ; and where the Government is so constituted , the King himself may justly , by the Right of War , lose even his own part of the Empire . This is plainly the Case of England , where the Supreme Power is divided between the King , Lords , and Commons , and where the King in his greatest Magnitude is always acknowledged to be Minor Vniversis . It is evident then , That if either of these three do break in upon the Rights and Priviledges of either of the other two , Force is justifiable to repell this Invasion : as for instance , If any new Precept , Ordinance or Command should be introduced as an obligatory Law ; or if any Law formerly made should be repeal'd or dispenc'd with , which in effect are both the same , by any one of these three Estates , without the Concurrence of the other two in Parliament ; this is such an Invasion as Grotius here speaks of , because this Power of making and repealing a Law is jointly in the King and People , but in neither of them separately . Now whether the erecting of an High Commission Court directly contrary to an Act of Parliament , be not a virtual repealing of that Act ; Whether the dispensing with several other Statutes be not equivalent with the assuming of a Power to abrogate them ; Whether the establishing a standing Army in time of Peace be not a virtual Introduction of a new Law in it self , and a Repeal of all the old ones in its Consequences ; and whether all these be not such an Invasion of that part of the Government which belongs to the People as will justifie Resistance , let the World judge : If so , the Legality then of all that has been done or is farther likely to be done against such an Invader , will easily appear . Theodosius the Emperor often used this excellent Expression , Tantum mihi licet quantum per leges licet ; and St. Paul acquaints us with the Conditions of our Submission not for Wrath but Conscience sake , knowing that he is the Minister of God for our Good. Nor indeed does it seem Christian or reasonable , to impose Obedience farther than it shall appear to be for the general Good of the People , for whose Safeguard and Protection , not their Ruine and Destruction , Government , nay Religion it self , was first instituted . Vnicus imperii finis est populi utilitas , saith Junius Brutus ; and I cannot but concur with this fundamental Maxim , Salus populi est suprema Lex . Grot. de Jure Belli , Lib. 1. Cap. 4. Sect. 10. Si tamen Rex reipsâ etiam tradere Regnum aut subjicere moliatur , quin ei resisti in hoc possit non dubito . Aliud est enim ut diximus imperium : aliud habendi modus , qui ne mutetur obstare potest populus : id enim sub imperio comprehensum non est : Quò non male ap●es illud Senecae in re non dissimili , Et si parendum in omnibus patri , in eo non parendum , quo efficitur ne Pater sit . If a King shall endeavour to give up or subject his Kingdom to another , I doubt not but he may be resisted ; for Empire is one thing , and the manner of holding it another , the Alteration whereof the People may hinder , for that is not comprehended under the Notion of Empire it self . To this may that Saying of Seneca be well applied , being in effect the same case , Although an universal Obedience is required to Parents , yet not in those things wherein they cease to act like Parents . What Designs have been carried on to alter the Government by subverting the fundamental Laws thereof , and by private Leagues and Combinations with a neighbouring Prince , to subject the Kingdom to his Power by admitting of a foreign Army into it , is in part evident by the French King's Testimony , and in convenient time will farther appear , to add to those many other weighty Inducements , which the People had , to proceed by such Measures as the Wisdom of the Nation has thought fit . Grot. de Jure Belli , Lib. 1. Cap. 4. Sect. 9. Si Rex aut alius quis imperium abdicavit aut manifeste habet pro derelicto , in eum post id tempus omnia licent quae in privatum , sed minime pro derelicto habere rem censendus est qui eam tractat negligentius . If a King or any other Superior Magistrate shall abdicate or manifestly desert the Government , any thing may be lawfully done against him that may be done against a private Person : but he who governs only negligently , is not to be esteem'd as one who hath deserted . The Word ABDICATE in its proper Sense , is used to signifie , when a superior Magistrate does renounce and utterly withdraw himself from the Government , or from that share of it which he holds . This may be done voluntarily and designedly , by transferring the Government to another by some formal method of Conveyance , as Charles the Fifth did to his Son , being himself inclined to become a Recluse ; or else there may be an involuntary and undesigned Abdication , as when an Office , and the executing of the same , does determine by Misfeasance , or Nonfeasance . The Word DESERT implies only a Nonfeasance , and must naturally amount in all Ministerial Offices ( that of a King , who hath only the Executive Power , being no other ) to an end and determination of the same , and thereby does vest again in Him or them who first created or instituted the Office , an immediate power to erect and institute a new one , together with such an Officer as they they shall approve of to execute it , with such Restrictions and Limitations as they shall think expedient . How far this poor Government has been abdicated , renounced , deserted and forsaken by Malefeasance , Misfeasance Nonfeasance , and at last by an utter Dereliction , I need not repeat , it being too evident to all , but those who will not see , than whom there is none so blind and incorrigibly ignorant . Grot. De Jure Belli , Lib. 1. Cap. 4. Sect. 8. Primum ergo , qui Principes sub Populo sunt , sive ab initio talem acceperunt potestatem , sive postea ita convenit ut Lacedaemone , si peccent in Leges & Rempublicam non tantum vi repelli possunt , sed si opus sit puniri morte , quod Pausaniae Regi Lacedaemoniorum contigit . Those Princes who are inferior in power to the whole Body of the People , whether by original or subsequent Compact , as in Lacedaemon , if they violate the Laws , or wrong the Commonwealth , such may not only be resisted by force , but if necessary , be punished by death , which befel Pausanias King of the Lacedaemonians . How sacred the person of a King is , I cannot determine ; but to his Office , as to all things that are for universal good , whilst executed in order to that end , I will allow a Character of Sanctity . Some Kings , such as were by God's immediate appointment , are stiled , His anointed , and were handed to his People with a particular command to be tender of their persons ; but this must be understood of such only , who are also Nursing Fathers to their People ; for of others of a different stamp , the Scripture speaks but with a slender respect , when it says , I have given you a King in my wrath . In Deut. we find the People left to chuse a King from among their Brethren , and Moses elsewhere prescribing Laws to him . David makes a League with the People at Hebron , which was doubtless that original Contract , according to which he was to go in and out before them . It was a noble expression of the Emperor Trajan , when he delivered a Sword to a Captain of the Pretorian Band , and said , Hoc pro me utere si recte impero , si male contra me : but it is not upon every small occasion , that Kings may be bound in fetters , or that Trajan's Sword should be inverted to his own Breast . A King's Office is sacred , and so is his Right also , which , while it keeps within its due limits , ought not to be invaded . The Laws of God do in positive Terms command Honor and Obedience as well as Tribute to be paid to him , with which the municipal Laws of this Kingdom do equally conspire in favor of his Dignity and Person . But Divine as well as Human Laws , tho they sound absolutely , yet refuse not upon extraordinary Exigencies , to submit to implyed Exceptions . Upon this account , the Jewish Doctors in case of their Sabbath ; which of all things was esteemed most sacred amongst them , and the Laws for the observance of it most strict and absolute , yet they held that Periculum animae impellit Sabbathum , and for the same reason Christ himself justifies the breach of Sabbath , and eating of the Shew Bread , in cases of extreme necessity ; so likewise must the danger be imminent , and the necessity very urgent , that can any ways excuse so much as an irreverend thought of Majesty : yet , as the great Law of Necessity is superior to all others , so will it sometimes justifie such Acts as are against all Laws of an inferior Order . In such cases the People are , must and will be absolute and arbitrary , and therefore they cannot by any Contract or Promise either with Prince or Peasant , renounce and abdicate this great Law of Self-preservation , in affirmance of which great truth , Johannes Major in lib. 4. Sententiarum , thus expresses himself , Non posse populum à se abdicare potestatem destituendi Principis in casu quo ad destructionem vergeret . But how far the present Exigence may justifie the act of the People in altering of the Succession where the Monarchy is hereditary , and the Heir may plead his Innocence , the following Authorities will resolve . Grot. De Jure Belli , Lib. 2. cap. 4. Sect. 10. N. 2. Sciendum est , ejus qui nondum natus est nullum esse jus , sicut nec ulla sunt accidentia rei non existentis . Quare , si populus , à cujus voluntate jus regnandi proficiscitur voluntatem mutet , iis qui nondum nati sunt , ut quibus jus quaesitum nondum est , nullam facit injuriam . Sicut autem populus expresse mutare voluntatem potest , ita & tacite credi mutasse . Mutata igitur populi voluntate , neque dum existente eorum jure qui expectari possunt , parentibus autem è quibus nasci possunt , qui jus suo tempore essent habituri , id ipsum jus derelinquentibus , nihil est quod obstet quo minus illud ut derelictum , ab alio occupari possit . We must know , that no Right can belong to him who is yet unborn , as that which hath no existence can have no accidents . Wherefore , if the People , from whose Will all Right of Sovereignty did originally proceed , should happen to change their Will , yet cannot they be supposed thereby , to injure them who have yet acquired no Right . And as the People may be believed to change their Will by express words , so they may tacitly likewise : allowing then , that the People have changed their Will , and that such future Rights have no real existence in those who are only in expectancy ; but that the Parents from whom they may be born , having in them this Right , did relinquish the same , what should hinder but that which is thus derelinquished may be possessed by another . This Point of Succession , upon supposition that the pretended Prince of Wales was really born of the Queen , requires a decision , for it happening before any alteration actually made in the Government , leaves the point to turn upon the Change of the Peoples Will. Our Author here takes notice of an express and a tacit Change. That the People did in a publick formal manner change their Will as to the Succession , before the Birth of this Child , I cannot say ; but it is certain , that they did generally shew their Aversions to such a Succession , long before this Birth , and would undoubtedly have done it in a more publick legal Method , had they not been awed by an illegal standing Army . As to a tacit Change of their Will none can doubt , but it had a full Existence before the young Prince had his , bearing date from that day , wherein publick Prayers and Thanks were by Order , offered up for the Queens pretended Conception , and may by this Parliament , be accordingly so declared . Grot. de Jure Belli , Lib. 2. Cap. 7. Sect. 26. Similis est quaestio , an abdicari possit Regnum , aut jus succedendi in Regnum : & quin pro se quisque abdicare possit non est dubium : an & pro liberis , magis controversum . Ib. Illud interest inter Natos & Nascituros , quod Nascituris nondum quaesitum sit jus , atque ideo , auferri iis possit populi voluntate , si etiam parentes , quorum interest jus ad filios transire , jus illud remiserint : quo pertinent ea quae de relictione supra diximus It is such another Question , Whether a King can so abdicate his Kingdom as to destroy the Right of Succession to his Son. That he may abdicate for himself is not doubted ; but whether for his Children also , is the Question . The diversity depends upon the Childrens being born before or after the Renunciation , for those who are yet unborn , the People may deprive of this Right , because it is not yet accru'd , if the Parents , whose Interest it is that such Right should descend to the Children , do also remit it . To the same purpose is what has been said concerning Abdication . Our Author does here again affirm a change of Succession to be lawful , upon the change of the Peoples Inclination . But he is also farther of opinion , that a King may abdicate for a Child unborn as well as for himself . It is already sufficiently proved by the Authority of this Author , and others , That a Breach of the Office and Duty of a King is an Abdication ipso facto ; and if so , that of King James II. may bear date from the day he first erected the Court of Ecclesiastical Commissioners , establish'd a standing Army in the Nation , or took those Customs , the Grant whereof expired by K. Charles the Second's Death , and ought not to commence again till given by another Parliament . This was done in the very Infancy of his Reign , whereby his Abdication became an early Act , and did betimes cut off both such real and supposititious Issue , as might after pretend by Birth and Title to bring in Popery and Slavery into this Nation . Grot. de Jure Belli , Lib 2. Cap. 7. Sect. 27. N. 2. Si de primaevâ p●puli voluntate ( in Successione controvertendâ dictum ) quaestio incidat ; non abs re erit , populum qui nunc est , quique idem cum eo qui olim fuit censetur , suum super ea re sensum exprimere ; qui sequendus erit , nisi satis certo constet , olim aliam fuisse populi voluntatem , & ex eâ jus quaesitum . If ( in discussing of a Right of Succession ) any doubt does arise , it would be convenient that the People who now are , and may be supposed to be of the same mind with their first Ancestors , should express the sense of the matter ; which ought to be pursued , unless it be manifest , That the original Will of the People was otherwise , and from thence a Right was established . Our Author , in his own Annotations upon this Paragraph , farther adds , That such Disquisition may be made by Convention of the States ( viz. The Lords and Commons ) as it was in England in the Year 1571 and 1572 , according to Camden . In the two former Paragraphs he puts Cases about the change of a Succession , and resolves them ; but by this and by his Annotations thereupon , when any other Doubts shall arise concerning Succession , he leaves them to the Decision of the People , and particularly to the States of England by express Name ; as if they were more undoubted Judges in such Controversies than the States of any other Nation : and they , according to this Learned Author's Opinion , have regularly and justly proceeded to assert their own Rights , and to settle both them and the Succession of the Crown , for the future , upon such an Establishment , that we may reasonably hope and believe , that all the Powers of France , or Prayers of Rome , no nor the very Gates of Hell , shall ever be able to prevail against them . FINIS . 
A39852	----	A letter from a gentleman of quality in the country, to his friend, upon his being chosen a member to serve in the approaching Parliament, and desiring his advice being an argument relating to the point of succession to the Crown : shewing from Scripture, law, history, and reason, how improbable (if not impossible) it is to bar the next heir in the right line from the succession. E. F. 1679 Approx. 91 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A39852 Wing F14 ESTC R19698 12290014 ocm 12290014 58871 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39852) Transcribed from: (Early English Books Online ; image set 58871) Images scanned from microfilm: (Early English books, 1641-1700 ; 626:2) A letter from a gentleman of quality in the country, to his friend, upon his being chosen a member to serve in the approaching Parliament, and desiring his advice being an argument relating to the point of succession to the Crown : shewing from Scripture, law, history, and reason, how improbable (if not impossible) it is to bar the next heir in the right line from the succession. E. F. [2], 18 p. s.n.], [London : 1679. Signed at end: E.F. Place of publication from Wing. Includes bibliographical references. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession. 2006-10 TCP Assigned for keying and markup 2006-10 Aptara Keyed and coded from ProQuest page images 2006-12 Pip Willcox Sampled and proofread 2006-12 Pip Willcox Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A LETTER FROM A Gentleman of Quality IN THE COUNTRY , TO HIS FRIEND , UPON His being Chosen a MEMBER to serve in the Approaching PARLIAMENT , and desiring his Advice . BEING AN ARGUMENT Relating to the Point of Succession to the Crown : SHEWING From Scripture , Law , History , and Reason , how Improbable ( if not impossible ) it is to Bar the next Heir in the Right Line from the Succession . Printed in the Year 1679. To my Honoured Friend A. B. SIR , YOU have been pleased ( among far better choice ) to consult a mean Man in a great Point now depending before you in Parliament , and agitated in every Man's mouth ; it is no less than , Whether the Parliament of England may by their Act exclude , and disable the next Heir of the Blood Royal from Succession to the Crown . I know it hath been commonly discours'd , that the Statute of 13 o Eliz. cap. 1. hath already setled this Point , and anticipated the Debate thereof , wherein it is Enacted ; That whosoever shall after the Death of that Queen affirm , That the Parliament of England hath not full Power to bind the Crown in Point of Descent , and Succession , shall forfeit his Goods and Chattels . But , Sir , under favour this Law doth not in any wise affect either you or me , as this Case is . It doth not affect you , because you being a Member of the Grand Council of the Nation , have thereupon a part and share in the Legislature , that is , in the making new , and abrogating of Old Laws ; and all Men know that Freedom and Liberty of Speech , and Debate , are the very Essence and Soul of all Councils . It doth not affect me , because this being a Point stir'd in your House , and being also of that sublime Nature and Importance , it is but natural for any Member thereof freely to advise with his Friend about it with mutual security ; for if it were enacted even by Parliament that no Member thereof should consult his Books , or Friends , about any Affair moved in either House , that Act would be null , and void in it self , as being ridiculous and impertinent . And I am able to prove by irrefragable Records of Parliament which I have perus'd , That the Members of your House in ancient time , have sometimes demurr'd to pass certain Bills of extraordinary Nature , till they have confer'd and advis'd with their Countreys who had intrusted and chose them . And if the Question now before you be not of that Nature , I know not what is . But because the Objection founded upon the said Statute of 13 o El. is one of the Herculcan Arguments now in every Man's mouth , and of which I observe some Men are not a little fond , and lay a great part of their stress upon it , it shall not so easily escape my Animadversions ; and therefore towards the close of this Discourse , I hope you will find I have stab'd it into the fifth Rib. Only I conceived it not altogether unseasonable to pinch this sturdy Objection a little in the beginning by way of Anticipation . Sir , There is no English Man hath a more profound Veneration and Deference for the public Sanctions and Establishments of my Country than my self ; I know well they contain the collective Wisdom and Providence of the Nation . They are in great measure the Ramparts and Sea-walls of the Common Liberties and Propriety . They are ( humanly speaking ) the Fountains and Sources of all that is dear to our Souls and Bodies ; but withall it is to be remembred , That God , Nature , and the immutable Customs of this Realm , have plac'd some Things and Matters above their Influence and Coercion . And we know that the Judges of the Common Law ( to whom alone by a deep Polity the Construction and Superintendency of all Statute-Laws is intrusted ) have in all Ages made bold sometimes to weigh the same Statute-Laws in the Ballance , and for certain Reasons appearing to them , have now and then ( without deflowring their Consciences and Integrity ) adjudged them null and void . Of this kind I shall produce some Instances in their proper place . Neither is it to be forgotten that his Sacred Majesty ( whose concernment in the Fate and Event of this Question is not small ) hath in several of his late Speeches , Printed and Publish'd by his Special Command , admonish'd the Two Houses , That they do not in any of their Bills Impeach the Right of the Succession , nor the Descent of the Crown in the true Line . Upon this Foundation it is ; together with that profound Duty which I owe to my gracious Soveraign ; and Love to my Country ( to say nothing of my particular respect to your self ) that I have undertaken the following Discourse . In the which you will perceive I have laid before you my Sentiments and Notions with that Freedom and Assurance which becomes a faithful Advisor and Friend . And I should be sorry you should find any thing in the whole Discourse contrary to right Reason , or the Laws of England , or not munited with Authorities Sacred and Inviolable . There is one Thing I had almost forgot to tell you ( which yet perhaps may seem superfluous enough to your self , who knows me so well ) which is , That I am an unworthy Member of the Church of England , I was Baptis'd in that Faith , and I design ( by God's Grace ) to Live and Dye in it . And ( which doth not always happen ) I know no Relation I have in the World of a contrary Persuasion . For my Principles , as they respect the State , I am for supporting the Monarchy of England , with those Regalities and Flowers with which the Laws of my Country have embellish'd and illustrated the Crown ; And yet am , and shall upon all Occasions appear as Zealous in the Defence and Vindication of the Common Liberties and Property of my Country-men as any Man whatsoever ; And ( if I may mention it without too much Ostentation , or Envy ) my Relations were Fidele and Loyal to the Crown during our late Domestic Revolutions , the tragical Marks whereof ( I praise God ) we have chearfully born in our Bodies and Estates . Having thus premised these things , I shall now address my self to the Debate of the principal Matter , wherein , Sir , I must all a long so consider your Time and Patience , that I must much more consider the Dignity , and Nature of the Argument , and subject matter . And I doubt not ( under favour ) effectively to maintain and prove , That the Parliament of England cannot by their Act , exclude , or disable the next Heir of Blood Royal from Succession to the Imperial Crown of this Nation . This I shall make good by great and important Reasons and Authority drawn from the Laws of God , Nature , the Laws of England Common and Statute , the Canon and Civil Laws , Histories Ancient and Modern , and Records of Parliament , and other Courts ; from which Foundations a Point of this nature and sublimity is to be decided . First then , I shall lay this down for a Ground : That the Succession of the Crown of England , by the Laws of God and Nature , is inseparably annexed to proximity and nextness of Blood : And then all Statute-Laws contrariant to the Laws of God and Nature are ipso facto null and void . So then I am here to prove two Things : First , That the Succession to the Crown is inseparably annexed to proximity of Blood by the Laws of God and Nature . Secondly , That Statute-Laws contrariant to those Laws are null and void . That the Succession of the Crown by the Laws of God is inseparably annexed to proximity of Blood , appears plainly by that Statute-Law ( or Statute of Judgment , as it is there call'd ) which God himself with his own mouth pronounced for the ordering the Descent of Honors and Possessions , Numb . chap. 27. which are there by his immediate direction to be conferr'd by Birth-right , and Propinquity of Blood ; and not by the Election or Discretion either of Moses , their Supreme Magistrate , or the Community of the People , a part , or both in conjunction . And there , Verses 9 and 10 , it is expresly enjoyn'd by the same Divine Authority , That if a Man have no Son , or Daughter , his Inheritance shall descend upon his Brother . The preference likewise and prerogative of Primogeniture in point of Dignities and Possessions , is of the same Divine Institution , as appeareth in several places of the Holy Scriptures . As where God said a to Cain of his younger Brother Abel . His desires shall be subject unto thee , and thou shalt rule over him . Again , where he forbiddeth b the Father to disinherit the First-born of his double Portion , because by right of Birth it is due unto him . And lastly , where he maketh choice of the First-born c to be sanctifi'd and consecrated to himself . Consonant hereunto are the Suffrages of the Fathers , and Doctors of the Civil or Imperial Law. St. Hicrom d writeth , That a Kingdom is due unto the First-born . St. Chrysostome e saith , The First-born is to be esteemed more Honourable than the rest . Bodine , the Great French Lawyer , tells us , f That it is not enough that the Kingdom go in Succession , but that it descend also upon the eldest issue Male , where he is next of the Blood , [ sic enim Ordo non tantùm Naturae , & Divinae Legis , sed etiam omnium ubique Gentium postulat . ] For so ( saith he ) not only the Law of God , and Nature , but also of all Nations doth require . And Baldus , g ( a famous Doctor of the Civil Law ) saith , [ semper fuit , & semper erit , &c. ] Always it hath been , and always it shall be , That the First-born , and next of Blood , succeedeth in the Kingdom . Wherein he is followed with open Cry of all the choice Interpreters , both of the Canon and Civil Law ; as namely Panormitanus , h Hostiensis , Corsetta , i Alciat , k and innumerable others . Now what hath been said here of Primogeniture in Point of Succession to the Crown , is said likewise with equal consequence of proximity of Blood. For by the Civil Law , if a King have issue , five Sons , and the First-born die before the Succession fall , or if he being possess'd of the Kingdom die without Heirs of his Body , his right of Primogeniture devolveth unto the next in Blood ; and if he dyeth in like manner , then unto the third ; and so likewise to the next in Order . And herein Albericus l ( a famous Doctor ) is most express in Point . And Baldus saith , m That Succession hath reference to the time of Death , and respecteth the Priority that is then extant . And again , n He is not said the First-born in Law , who dyeth before the Fee openeth , but he who at that time is eldest in Life . o And of the same Opinion is p Alciate ; for as Celsus saith ; q [ primus is dicitur ante quem nemo sit ] He is first who hath none before him . And herein the Common Law of this Nation accordeth with the Civil Law. And therefore the second Son of the King of England ( after the Death of the First-born ) is eldest Son within the Statute of 25 Ed. 3. r where it is enacted , That it shall be high Treason for a Man to compass the Death of the King 's eldest Son , and Heir , &c. So if the first Son dye in the Life time of the King his Father , the second Son forthwith becomes Primogenitus , or First-born , within the Charter of King Edw. 3. for the Dutchy of Cornwal , as it was resolved s in the case of Prince Charles , upon the Death of his elder Brother Prince Henry . By which it appeareth , that Proximity of Blood is ennobled with all the Prerogatives and Preferences of Primogeniture . But leaving this way of arguing the Point , to be farther illustrated and pursued by the Church-men and Civilians ; I shall for the most part derive my own Proofs thereof from the Authority of the Common and Statute-Laws of England , from Records of Parliament , and other Eruditions of that kind , as best sorting with my Person , and Profession , and a Discourse of this nature . First then it is most evident , That all the Human Acts and Powers in the World cannot hinder the Descent of the Crown upon the next Heir of the Blood , ( I do agree they may hinder the possession , and enjoyment , and so they have often done by open Hostilities and Violence ) but I say they cannot hinder the Descent . And the reason is plain , because this is a Dowry which the great King of Kings hath reserved to his own immediate Donation , and hath plac'd above the reach of a mortal Arm ; and Mankind can no more hinder or intercept this Descent , than it can the Influences of the Stars , or the Heavens , upon the sublunary World , or beat down the Moon : And this ( though perspicuous enough in it self ) I shall farther prove anon in my last Reason of this Point , by irrefragable Authorities of the Common Law of England ; and in my Answer to the second Objection . This being so , I shall add , That in the very moment of the Descent , the Person on whom it descends , by the Law of this Nation , becomes compleat and absolute King to all intents and purposes . And so it was expresly Resolv'd by all the Judges of England , 1 o Jacobi , Watson and Clarks * Case . And the same Person being thus compleat and absolute King by the said Descent , I do then farther add , That the Ligeance and Fidelity of the Subject is due to that person by the immutable Law of Nature . And so it was solemnly adjudged by the Lord Chancellor , and all the Judges of England , in the Exchequer Chamber in the great Case of Calvin , 6 Jacobi . Coke's 7th Rep. 12. v. 13. a. &c. & 25. a. And herewith concurs the Principal Secretary , or Amanuensis of Nature , I mean Aristotle , who t writes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . By the Law of Nature the Father hath the Rule over his Children ; and the King over his Subjects . And Seneca the Philosopher hath a saying not u unlike , Natura commenta est Regem . Nature ( saith he ) did first find out a King. And for this Reason it is , that our x Statute-Laws do so frequently stile the King our Natural Liege Lord , and the People , Natural Liege Subjects ; And the Fidelity which the Subject owes to the Crown , Natural Obedience . And this more clearly appears in Indictments of Treason ( which of all other Law Process , are pen'd with the greatest Niceness and Certainty . ) And therefore in the Indictment of the Lord Dacre ( upon the Northern Rebellion ) 26 H. 8. it is said , Predictus Dominus Dacre debitum fidei , & Ligeantiae suae quod prefat . Domino Regi Naturaliter , & de jure impendere debet , minime curans , &c. The said Lord Dacre not regarding the Faith , which he did Naturally and of Right owe to the King , &c. And Reginald Poole ( a Cardinal of the Church of Rome ) was Indicted 30 o H. 8. for committing Treason [ contra Dominum Regem supremum & Naturalem Dominum suum . ] Against the Lord the King , his supreme and Natural Lord. And the constant form of the Indictments against the Persons lately executed for the Popish Plot , is , That they as false Traitors against the most Illustrious , most Serene , and most Excellent Prince Charles the Second , &c. their Supreme and Natural Lord ; the cordial Love , and natural Obedience , which faithful Subjects should , and of right , ought to bear to our said Soveraign Lord the King , wholly withdrawing , did compass , &c. And therefore as the Common Law is more worthy than the Statute , so the Law of Nature is more worthy than both . So then , no Human Power can hinder the Descent upon the Right Heir of the Crown . The Descent makes the King , Allegiance is due to the King by the Law of Nature ; the Law of Nature cannot be abrogated by Human Power ; ergo , The right Heir of the Blood cannot be excluded by Parliament , which is a Human Power . Secondly , It is evermore a certain Vestigue or Footstep of a Law founded in Nature , when a Thing displac'd is seldom or never in a State of Rest , until it be compos'd again in its own Native Centre , and Repository . For though all human and written Laws may be worn out by Desuetude , and tacit Consent , yet the Institutions of Nature will never be abolish'd by the longest tracts , and courses of Time , but will always retain an Animum revertendi , and will certainly at length attain it . And of this kind is the Law of Succession to the Crown by the right Heir . For we find in the Stories of all Nations , as well Barbarous as Civil , that during Usurpations and Invasions upon the Crown , though countenanced even by public Establishments and Consent of the People , that those States notwithstanding have always continued under Convulsion , and Disease , like a Magnetic Needle , that never ceaseth to tremble and trepidate 'till it have found out its beloved North-Pole . And in such Case it hath constantly far'd with those Bodies Politic , as with a Body Natural upon Dislocation of a principal Bone ; they have breathed it may be , and moved a little , but still under Languors , and Anguish , and Feavorish Habits , and Dispositions , and never well 'till the Bone was set again , and reduced to its right place . I will rather choose to extract some short Instances of this kind out of the Memoirs of our own , than foreign Nations , ( as being Argumentum ad Hominem . ) And shall for brevity ascend no higher than the Norman Conquest . And the same Instances shall be of Usurpations upon the Crown , contenanc'd by the Public Sanctions of this State. The second William , and first Henry , usurp'd the Crown , and thereupon this Realm remain'd constantly under inquietude , and commotion , until the Death of Robert their elder Brother , and his Son William , without Issue , whereby the Right of the Crown centred in the said Henry . The Usurpation of Stephen upon Maud the Empress ( Daughter and Heir of the said Henry ) was accompanied with Tragical Convulsions of this Nation , which never ceased till the Restauration of the right Heir , viz. Henry the second Son of the said Maud , in which Henry the Saxon Bloud was likewise restor'd , his Grandmother being next Heir of the Bloud to Edgar Atheling . Upon the Disinherison of the House of York by that of Lancaster , this State sustain'd a Convulsion not to be parallell'd in all the Stories of the World. It is infinite to recount the Laniages , the Butcheries , the Rapines that were committed here : There were fought in this Island during this Tempest of War ( as a modern Author hath observed ) 17 pitch'd Battels , and no less than 8 Kings and Princes of the Bloud , 40 Dukes , Marquesses , and Earls , besides Barons and Gentlemen innumerable , and 200000 of the Common People slaughter'd and destroy'd . And though this Combustion continued 60 years , ( for so long it was from the Usurpation of Henry the Fourth , to the Expulsion of his Grandson Henry the Sixth ) yet the Body Politic enjoyed little ease till it had purged out the Usurpers : like a Body Natural , that having received into the Stomach matter inimical and contrariant to Nature , is never at quiet till it have work'd out the same noxious and malignant matter by all the Passages of Evacuation , though to the manifest hazard or destruction of the Man himself . The Usurpation of Richard the Third determined in his own death , and the Introduction of the right Heir some time after . That of Jane Grey of the House of Suffolk , was but an Offer of Usurpation , as being a Quotidian Ague that lasted but nine days , which ended upon the Restitution of Queen Mary . Lastly , it 's a matter of fresh and bleeding sentiment and experience , what Agonies and Throws the English Nation sustained after that fatal and impious stroke given to King Charles the First , of ever Glorious Memory : Nature is wanting in adequate Metaphors and Similitudes to express so great a Calamity . This State was like the Demoniac in the Gospel ; she was torn , worried , and shak'd together . and of this there was no intermission untill the evil spirit was dispossessed , and His Gracious Majesty that now is ( whom God long preserve ) restor'd to that Crown which God , and Nature , and the immutable Customs of this Nation had given him . So then it doth most evidently appear by these Instances , that the Succession of the Crown to the next of Bloud is a Law eternal , and wrote with the immediate hand of God and Nature . And that although Nature may for some time be repell'd and kept off with the Forks and Instruments of humane violence , that yet it will sooner or later ever more recur , and return with the greater swing and vigour . And that therefore a Dominion obtain'd by Usurpation is like a vast and ponderous Globe of Iron , supported in the Air by main strength of Arms , which upon removal or withdrawing of the same force by fatigue or imbecillity of the Bearers , will at length certainly attain its Centre of Gravity , and with the fall crush and confound the Supporters . And where ever this eternal Law and Rule of Nature hath been impeached and violated , that hath evermore been done by the immediate and most visible act and finger of the Divinity it self , who is King of Kings , by whom they reign , and that giveth the Kingdoms of men to whom he will , ( as the holy Scriptures tell us . ) And who being the Creator of Nature , can alone ( when it pleaseth him controul her Methods and Operations , as appeareth by the Interruptions of the Succession in the cases of a David , Solomon , c Jehu , and the like . And they that from these and other instances of this nature do fancy they may maintain the Lawfulness of impeaching the Succession of the Crown in the true Line , may as well infer , that they may lawfully rob and spoil their Neighbours , because God commanded the Israelites to spoil the d Egyptians . In those cases we are bound to the Law , but not to the Example . I come now to Records of Parliament , which shall be three in number . First , that of the 39 H. 6. e wherein the daring Rich Plantagenet D. of York , by his Council exhibited to the Lords in full Parliam . a Writing , containing his Right and Claims to the Crowns of England and France . Against which Claim it was objected on the King's part , That the same Crowns had been entailed by Act of Parliament upon the King's Grandfather King Henry the Fourth , and the Heirs of his Body , from whence the same King Henry the Sixth did lineally descend . The which Act ( say the King's Friends there ) is of Autoritee to defeat eny mannere Title made to eny person , ( for so are the words . ) To which Objection the said Duke of York answereth , ( I shall cite the words of the Record as they are entered up in the old English ) That if King Henry the Fourth might have obteigned and rejoysed the seyd Corones of England and Fraunce by Title of Enheritaunce , Descent , or Succession , he neither needed nor would have desired , or made them to be granted to him , in such wise as they be by the seyd Act. The which taketh noo place , neither is of any force or effect against him , that is right Enheritor of the seyd Corones ; as it accordeth with God's Laws and all natural Laws , ( saith the Roll. ) And this Answer of the Duke of York to the King's Title , and his said Claim , is afterwards by express Act of the same Parliament , declar'd and recognized to be good , true , just , lawful , and suffisaunt , ( as it is there worded . ) And at the same time for preventing Effusion of Bloud an Accord , by the free consent of the said Duke , is likewise established , That King Henry the Sixth shall during his Life enjoy the Crown , and that from thenceforth the Duke of York should be reputed Heir Apparent to the Crown . The next Record is that of 1 Ed. 4. f wherein after that Parliament hath in a long Pedigree disclos'd the Title of the same King Edward to the Crown , as being in a right line descended from Lionel Duke of Clarence , third Son to King Edward the Third ; and , upon the death of his Father the above mentioned Richard Plantagenet , next Heir of the Bloud Royal , they immediately add these very words ; Knowing also certainly without doubt and ambiguity , that by God's Law and Law of Nature , he ( i. e. King Edward the Fourth ) and none other , is and ought to be true ; rightwys , and natural Leige and Soveraigne Lord. And that he was in right from the death of the seyd noble and famous Prince his Father , very just King of the same Realm of England . So here it is most expresly declared by two Parliaments of different Complexion and Interest , and therefore the more remarkable , that the Succession of the Crown of England is inseparably annexed to Proximity of Bloud by the Laws of God and Nature : And that a Title of this Sublimity and Grandeur is not at all impeachable even by Act of Parliament . And besides the said Parliament of 39 H. 6. doth make the same Declaration to the manifest prejudice of the Title of the King in possession , who was ordained also by the same Accord to reign over them during his Life , and whom for that reason it must be presum'd they would have favour'd , if they had found but the least colour so to have done . The last Record is the Statute of Recognition made in the first year of King James by the whole Parliament , in which among other things , They do in most humble and lowly manner ( I shall all along use the very words of the Act ) beseech His most Excellent Majesty , that as a Memorial to all Posterity , it might be publickly declar'd and enacted in the High Court of Parliament , That they being bound thereunto by the Laws of God and Man , did with unspeakable Joy recognize and acknowledge , that immediately upon the Decease of Queen Elizabeth the Imperial Crown of the Realm ofEngland , &c. did by inherent Birthright , and lawful and undoubted Succession , descend and come to His most Excellent Majesty , as being lineally , justly , and lawfully next and sole Heir of the Bloud Royal of this Realm . And that by the goodness of God Almighty , and lawful Right of Descent , His Majesty was King of England , &c. And to this Recognition we do ( say they ) most humbly and faithfully submit , and oblige our selves and posterities for ever , untill the last drop of our bloud be spent . And all the Judges of England some time after in the great Case of Calvin in the Exchequer Chamber do resolve , h That King James his Title to the Crown was founded upon the Law of Nature , viz. by inherent Birthright and Descent from the Bloud Royal of this Realm . So that this Parliament doth not in the least manner pretend to give any Title to King James or his Posterity by their own Act and Establishment , but on the contrary doth expresly recognize , that the same King 's Right and Title to the Crown doth accrue to him by the Laws of God and Man onely , as the said Judges do by the Law of Nature , viz. as next and sole Heir of the Bloud Royal. By all which it doth most manifestly appear , That in the Opinion of the three several Parliaments , the Succession of the Crown is united to Proximity and Nextness of Blood , by the Laws Divine , Natural , and Human : And a threefold Cord of this Sanctimony , and Strength is not easily broken ; to say nothing of the said Resolution of all the Judges of England in the Point , which ( as our Books tell us ) in matters of Law , is of the most sacred Authority next unto the Court of Parliament . This being thus made out , I come now to prove , That Statute-Laws contrariant to the Laws of God and Nature , are ipso facto null and void . And here I shall first observe , That by a profound Polity of our Law , the sole Power of expounding Statute-Laws , whether relating to Church or State , is intrusted and lodged in the Judges of the Common Law , as King Charles the first hath noted in his i Speech to both Houses , upon passing the Bills of 3 d of his Reign . And as the Authorities of k Law are very clear , now the Judges have exerted this constructive Power in expounding Statute-Laws , sometimes even null and void for certain Reasons to them appearing . As sometimes for Repugnancy , and Impertinence , and therefore where the Statute of Carlile enacted , That the Common Seal of the Cistercian and Augustine Monks should be in the Custody of the Abbot , and four others of the Covents ; And that any Deed seal'd with the same Seal , not so kept , should be of no effect . This Statute was adjudged void l for Repugnancy , because the Seal being in the Custody of the four , the Abbot could not Seal with it ; and when it was in the hands of the Abbot , it was out of the Custody of the four . And so by this Statute , these two Orders could make no Deed valid in Law. Sometimes for Absurdity , as where the Statute of m Edw. 6. gives Chantries to the King , saving to the Donors , and Founders , all Services , &c. This Act was adjudged void as to the Services . For it is absurd and contrary to Common Reason ( saith the Book ) that the King should hold of , or do Service to his Subjects . 14 Eliz. Dyer . 3. 13. a. Mich. 16 & 17 Eliz. &c. B. Strowd's n Case . Lastly , the Judges have expounded Statute-Laws void in themselves , when they are contrary to those of God and Nature ; and they are bound to adjudge them so , when ever such Statute Laws come before them ; because the Laws of God and Nature are the Rays , and Emanations of the Divinity , they are eternal , indelible , immutable , and therefore cannot be altered , or Impeached by any human Power , or Authority , but only by the God of Nature it self , who did originally ordain them . And of this ( because it is the principal Matter now in hand ) I shall be the more plentiful in Instances . And therefore if it should be enacted by Parliament , That no Man should honour the King , or love his Parents or Children , or give Alms to the Poor , or pay Tithes to the Parson of his Parish , or the like , these Acts are ipso facto void , because they are contrary to the express Divine Commands . Dr. & Stud. lib. 1. cap. 6. 21 Hen. 7. 2. v. So where a Man was made Judge in his own Cause by Act of Parliament , This Act hath been adjudged void ; because ( say our Books ) it is contrary to the Law of Nature , that one and the same Person should be Judge and Party . Cokes 8 Rep. a. & v. Dr. Bonham's Case . Hobart's Rep. 87. Day . v. Savadge . So an Act of Parliament can never make the Grant of an Ideot or Lunatic good , for Jura Naturae sunt immutabilia ( saith the Book . ) The Laws of Nature are immutable . Hob. 224. Needler's Case . By the Statute of the 25 Edw. 3. cap. 22. a Man attainted in a Praemunire , is by express words out of the Kings protection generally , and that it should be done with him as with an Enemy ; by which words any Man might have slain him as it is holden , 28 Hen. 8. Title Crown Br. 197 ) until the Statute of 5 Eliz. 1. yet the King may protect him , and pardon him . Because the Protection of the Soveraign to the Subject is due by the Law of Nature . Coke's 7th Rep. 14. a. Calvin's Case . The Statute of 23 Hen 6. cap. 8. and several other Statutes enact , That no Man shall be Sheriff of any County above one year ; and that any Patent of the King to any person for a longer Term , though with an express Clause of Non obstante , shall be absolutely void , and of none effect ; and the Patentee perpetually disabled to bear the Office. And yet notwithstanding it is resolved by all the Judges of England , That these Acts of Parliament are void . And that the King may by non obstante , constitute a Sherif for Years , Life , or Inheritance . And what is the Reason which the Judges give of this Resolution ? Why because , say they , in express words this Act of Parliament cannot bar the King of the Service of the Subject , which the immutable Law of Nature doth give unto him ; for Obedience ▪ and Ligeance of the Subject ( add they ) is due to the Soveraign by the Law of Nature . See 2 Hen. 7. 6. v. Calvin's Case , 14. a. in Coke's 7th Rep. And thus upon the whole Matter of my first Reason , I have ( as I conceive ) effectually prov'd these two Propositions : First , That the Succession of the Crown of England is inseparably annexed to Proximity of Blood by the Laws of God and Nature . Secondly , That Statute-Laws contrariant to those of God and Nature , are ipso facto null and void . And from hence it doth necessarily follow , That the next Heir of the Blood Royal , cannot be barr'd from the Succession by Act of Parliament . Secondly ; The Succession of the Crown to the next Heir of the Blood Royal , is a fundamental and primary Constitution of this Realm ; and , indeed the Basis , and Foundation of all our Laws . Sir Ed. Coke o says , That the Kingdom of England is a Monarchy successive by inherent Birth-right , of all others , the most absolute and perfect form of Government , excluding Interregnums , and with it infinite inconveniences . The Lord Chancellor Egerton tells p us , That in Cases of the Crown the Eldest , sole ( or alone ) is to be prefer'd . And this he reckons among the ancient Customs of this Nation , against which there never hath been ( saith he ) nor ought to be any Dispute . And indeed if the Parliament may alter so essential and fundamental a Custom , or Constitution , then the Monarchy of England , which by the Law is , and ever since we were a Nation , hath been Hereditary , will immediately become Elective , and disposable at the Arbitry , and Will of the People . And by the same reason , that they may exclude , and reprobate the next Heir , they may the next to that , and so by consequence the whole Line : For when Men have once transgress'd , and broken down the Boundaries which the Law hath set and prefix'd , the Progress is infinite , and there is no stop : And though the Common Law of England ( which , as I have said , doth superintend all Statute-Laws ) doth allow the Parliament to repair and amend , and improve the Building , yet it doth never allow them to pull it down , and subvert the Foundations thereof . And it is some odds that such Electors may in time believe , that they have a Power to mar what they can so easily make , and that with good Conscience they may destroy ( when they think fit ) their own Creature , and Work of their own hands : And therefore those Kings of England who have submitted their Necks to this popular , or Statute-Kingship , ( as I may call it ) it is plain they came not in at the Door , but evermore at the Windows ; and have been constrain'd , during their whole Reigns , to stand upon their Guards , and to defend their wrongful Possessions by Divine Right of the Sword , ( as some in Raillery have call'd it ) as well even against the People that chose them , as the Right Heirs . As I shall anon Demonstrate at large . And this alteration of the Monarchy in so fundamental a part thereof , from Inheritance to Election , may prove equally mischievous also to a King in Possession , though he claim too by Inherent , and undoubted Birth-right ; for the same Reason which the People may think sufficient to exclude the Right Heir , may ( when they please ) be deem'd valid enough also to depose , and eject the lawful Possessor of the Crown . Thirdly ; No Person , or Community of Mankind , can give away , or transfer a thing , which they never had in them to give . And of this Nature is the Right of Succession to the Crown , which is not the Gift of Man , but the immediate Dowry of God , Nature , and the immutable Customs of the State. This may be prov'd by the Scriptures , Fathers , Councils , Canon , Civil , Common , and Statute-Laws , of which I shall give only a Tast . Fourthly ; The Succession of the Crown to the next Heir of the Bloud , is one of the highest , most essential , and undivided Rights of the Crown ; and a Pearl of the most transcendent Oriency and Magnitude in the Imperial Diadem of England . And the Kings of England themselves , their Chancellors , Treasurers , and all other the great Officers of State , their Privy Counsellors , and the * Judges , ( who are onely to expound all Statutes by which this Right of Succession may be violated ) are all by provision of the Law solemnly sworn upon the Holy Evangelists , to maintain and defend the Rights of the Crown , and that they suffer no Disinherison or Damage to accrue thereto . And every Member of the Commons House ( who is to be a Party to the making these Laws of Reprobation ) by the Statute of Eliz. is obliged before he enter or have voice in the said House , to swear that he will to his power defend all Jurisdictions , Privileges , Preheminences , and Authorities united and annexed to the Imperial Crown of this Realm ; and if he do not , he shall be deem'd no Member of that House , and shall receive also further Punishment . And the q Oath at this day to be taken in the Court Leets all over the Kingdom , by every Subject above 12 years old , is , That he will be true and faithful to our Sovereign Lord King Charles the Second , and his Heirs , &c. And it is remarkable , that in the r Parliament of 42 Ed. 3. the Lords and Commons being demanded their Advice by the King in a matter relating to the Crown , did answer with one voice , That they could not assent to any thing in Parliament , that tended to the Disinherison of the King and his Heirs , or the Crown , whereunto they were sworn . And Sir Edward Coke s ( commenting upon that Record ) saith , That it is Law and Custom of Parliament , That no King can alien the Crown from the right Heir , though by consent of the Lords and Commons . And in another place he saith , t That King John 's Resignation of the Crown to the Pope was utterly void : Because ( saith he ) the Royal ' Dignity is an Inherent inseparable to the Royal Bloud of the King , descendable to the next of Bloud of the King , and cannot be transferr'd to another : thus he . And which is much more , the v Parliament of 1 Jacobi do recognize , That the Crown of England did descend upon King James by inherent Birthright , as being lincally , justly , and lawfully next and sole Heir of the Bloud Royal. And to this Recognition they do submit themselves and Posterities for ever , untill the last drop of their Bloud be spilt . And further do beseech his Majesty to accept of the same Recognition as the first fruits of their Loyalty and Faith , ( not only ) to His Majesty , ( but also ) and to his Royal Progeny and Posterity forever ; ( for so are the words . ) So here this Parliament do oblige themselves and Posteritics ( which we are ) to defend and maintain the Succession of the Crown , not onely to King James , but also to his Royal Progeny , and that not in a general way to any of his Bloud , but onely to such Person to whom it shall be due by inherent Birthright and Proximity of Bloud , as ( they recognize ) it was to the same King James . So then the Succession of the Crown to the next Heir of the Bloud , being a fundamental Right of the Crown , and a Right annexed and secured to the same Heir , not onely by the Laws Divine , Natural , and Humane , but also ( as I have clearly proved ) by the Obligation and Sanctimony of National , Lawful Recognitions and Oaths ; it doth evidently follow , That the Parliament of England cannot by Law alter or violate the said Succession , contrary to the same National and Legal Recognitions and Oaths . Lastly ; The right Heir of the Crown cannot be barr'd or excluded by Act of Parliament : Because the Accession and Descent of the Crown in an instant absolutely purgeth and dischargeth all Obstructions and Incapacities whatsoever , created by the same Act of Parliament . And the reason given in our Books of Law is , Because ( say they ) upon Descent of the Crown immediately a Body Politic is superadded to the Body Natural of the King 's ; and these two Bodies in an instant become Consolidate , Consubstantiate , and Indivisible in one and the same Royal Person ; and thereupon the Body Politic , which is the more worthy and sublime Nature , and that is in no wise subject and obnoxious to the humane Imbecillities of Death , Infancy , Crime , or the like , draweth from the Natural Body all Imperfections and Incapacities whatsoever , and in a moment endows and ennobles the same Natural Body with the Divine Embellishments and Perfections of the Politic. As it hath been frequently resolved by the Judges of England , Plowd . Com. 238. v. Lord Barkley's case . Et ibid. 2 ▪ 3. a. v. the case of the Dutchy of Lancaster . Coke's 7th . Rep. 10. a. Calvin's case . And in the same Calvin's case 12. a. ( a Case argued by the Lord Chancellour and all the Judges of England ) it is affirmed , That the King 's being a Body Politic is founded upon Necessity , and the deepest Polities and Wisdom of our Law. And why so ? Because ( saith that Case expresly ) Hereby the Attaindors and Disability of him that hath Right to the Crown are avoided , lest in the interim there should be an Interregnum , which the Law will not suffer . This I shall now proceed to make good by two great and impregnable Instances , drawn out of our Books of Common Law , Histories , and Records . The first is that of King Henry the Sixth , who being discomfited in Battel by King Edward the Fourth , was in the first of the same King Edward disabled from all Regiment , and attainted of High Treason by Act of Parliament . The said King Henry some years afterwards ( by the assistance of the great Earl of Warwick ) was restor'd again to the Crown , and held a Parliament . And the Judges of that time were all of opinion , That notwithstanding the Parliament of Edward had disabled Henry from all Government , and attainted him of Treason , that yet in the same moment that Henry reassumed the Crown , the said Parliamentary Incapacities were to all intents discharged and avoided . And yet Henry was at first but onely King de facto , the true and legal Title abiding in the House of York . See to prove this Brook Parl. pl. 105. 1 H. 7. 4. v. The second Instance is that of King Henry the Seventh . This King while he was Earl of Richmond ( together with many Lords and Commons that took his part ) were all attainted of High Treason by the Parliament of Richard the Third . Afterwards at the Battel of Bosworth the Earl obtain'd the Victory , and slew Richard in the Field , and on the same day assum'd the Crown upon him , and presently afterward summon'd a Parliament . On the first day of this Parliament ( say our Books of Law and Histories ) all the Judges of England were assembled in the Exchequer Chamber , to resolve a very rare and perplex'd Case , viz. What should be done about the reversal of the said Parlementary Attaindors of the King , and divers Lords , and many Knights , Citizens , and Burgesses , that were to sit in Parliament that day . And after mature Deliberation had among themselves they all Resolved , That for all the Lords and Commons that were attainted , they advised them not to sit in Parliament till an Act of Parliament was passed by the other Lords and Commons not attainted , and assented to by the King , for the reversal of those Attaindors ; and after the Reversal , then all of them to sit in the Houses : For that it was not convenient that any should sit as Judges in those Houses that were attainted . But concerning the King himself they unanimously Resolved , That the Crown takes away all defects in Bloud and Incapacities by Parliament . And that from the time the King did assume the Crown the Fountain was cleared , and all the said Attaindors and Corruptions of Bloud , and other Impediments , absolutely discharged And yet the said King Henry the Seventh was onely King de facto also , the legal Title ( as I have before observed ) abiding in the House of York See to prove all this the Books of 1 H. 7. 4. v. Fitz. Parl. pl. 2. Brook P. & Statutes pl. 37. & 175. Plowden's Com. 238. v. Lord Barkley's case Co. 7 Rep. 12. ● . Calvin's case . Co. 1 Inst . 16. a. Jenk . centuries 203. Lord Bacon's Hist . H. 7 fol. 13. All in express terms . And if the Influence and Operation of Law be so forcible and vigorous in Cases of colourable and specious Title onely , ( as that of the said King Henry the Seventh was , as I shall demonstrate at large in the sequel of this Discourse ) how much more will it be where there is Proximity of Bloud and undoubted Right ? The last Instance is that of Queen Elizabeth , an Instance of fresh and recent memory . This Princess had been bastardiz'd and render'd incapable of Succession to the Crown by solemn Act of Parliament ; and yet notwithstanding upon the Death of Queen May the said Queen Elizabeth succeeded to the Crown . And Sir Nicholas Bacon Lord Keeper of the Great Seal , and Oracle of the Law in that Age , and upon whom the Queen altogether relied in matter of Law , and who no doubt in a Case of that Importance had consulted all the Judges of England , was clear of Opinion , ( saith Cambden ) That there needed not any formal Repeal of the said Act , as there never was any ; because ( saith the same Author ) the Law of England had long before pronounced [ Coronam semel susceptam omnes omnino Defectas tollere ] That the Crown once obtain'd , doth absolutely wipe out all Defects whatsoever . And in this Point the Civil Law agrees also with the Common Law of England ; for Vpian , a famous Doctor , tells us , That the possession of the Crown purgeth all Derects , and maketh good the Act of him in Authority , although he wanteth both Capacity and Right . Moreover by the Laws of England the right Heir becomes absolute , and perfect King , in the very moment that the Crown descends upon him , though he happen to be at the same time in the remotest parts of the World , and before he be actually Crown'd . And therefore King Edward the first , though at the time of his Father's Death he was absent in the Holy Land in War against the Infidels , yet he was immediately acknowledg'd here by the whole Realm for their King. And in his return homewards did Homage to the French King , for the Lands which he held of him in France , and repressed certain of his Rebellious Subjects in Gascoign , and yet he was not crown'd till almost two years afterwards . And the Case of his Sacred Majesty that now is , was very like , for he began his Reign from the moment of that fatal and impious Stroke , given to his Royal Father of ever glorious Memory , and yet his present Majesty was not at that time in England And this is expresly resolved to be the Law of this Nation by all the Judges of England . Mich. 1. Eliz. Dyer's Rep. 165. a. So King Henry the sixth , Edward the fourth , Henry the seventh , summon'd Parliaments , condemn'd Traitors , made Grants , and did all other Acts which a crowned King may do , before their several Coronations . And the like was done by King Henry the eighth , Edward the sixth , Queen Mary , Queen Elizabeth , King James , King Charles the first , and His Gracious Majesty that now is : For coronation is but an Ornament , and Solemnization of the Royal Descent , but no part of the Title ; and the Kings of England are to all Intents and Purposes compleat and perfect Kings before Coronation ; and so it was expresly resolved by all the Judges of England , 1 o Jacobi , b in the Cases of Watson , Clarke , and Sir Walter Raleigh , which in a matter so clear shall suffice . Having thus ( as I conceive ) made my Point good and impregnable , Viz. That the next Heir of the Blood cannot be excluded from the Succession by Act of Parliament . I come now to answer certain Objections , which some Men I perceive are fond of , and do not a little glory therein ; and the most considerable of them are three in Number . First , ( say they ) there are several Instances of Kings of this Realm , whose Titles to the Crown depended purely upon the Election of the People , and Acts of Parliament , and not upon Proximity of Blood , and Inherent Birth-right , as ( to go no higher ) the Titles of King John , Henry the fourth , Henry the seventh . Moreover Henry the eighth entail'd the Crown upon himself , and his Children , by Act of Parliament . And these Establishments by Parliament were look'd upon as good Titles to the Kings in Possession , and bars against the next Heirs . I Answer , they were never look'd upon as good Titles to the Kings in Possession ; or bars against the right Heirs , neither ought they to be deemed so , as doth most evidently appear by the former part of this Discourse . And which I shall now farther demonstrate by Enquiry into the Titles , and Circumstances of each particular King , mentioned in the Objection . First for King John , it is plain he was King de facto , but not de jure , for he invaded the Crown against the Right of his Nephew Arthur of Britain , ( who was the Son of Geossry , John's Eldest Brother ) as all the Histories of that time do observe and lament . And therefore wanting that Title which God , Nature , and the immutable Customs of this Realm give to the Right Heir , he was constrain'd to pray in Aid of the People , and to patch up a Title from them by Election . The Story is this , ( as I have extracted it out of Matthew Paris , a learned Monk , who lived in that time , and who became afterwards Chronologer Royal to King Henry the third , Son of the said King John. John ( saith the Monk ) upon the Death of his Brother King Richard the first , was advanced to the Throne by the favour and help of the great Ministers of State ; and at his Coronation , in the presence of the Clergy , Nobility , and Populace , Hubert , Arch-bishop of Canterbury , and Chancellor of England ( a Man of profound Subtilty and Reach ) tells them all in a very fine Harangue , That no Man whatsoever was to succeed in the Kingdom here , upon any previous Reason , unless he were freely Elected by the universality of the People , with consideration had of his Moralities , and other personal Vertues , after the Example of Saul's Election ; and then he added , That John was a well qualified Person in that kind , and that therefore they ought to choose him for their King. But when the said Hubert was afterwards demanded , why in so great an Assembly he durst broach so notorious a falshood , viz. That the Monarchy of England was Elective ; O , saith he , this I did out of certain Revelations and Prophesies that I have received , That John will at some time or other endanger the Realm , and bring all into confusion . [ Et ne haberet liberas habenas hoc faciendi , ipsum Electione , non Successione haereditaria eligi debere , affirmavi ; for so are the Historian's Words . ] And that I might curb him with this Bridle from effecting these things , I did pronounce him admitted to the Crown by Election , not by hereditary Succession . So then we see here that the pronouncing the Monarchy of England to be Elective , was done only by way of Umbrage , and Dissimulation , and to serve a turn at a certain Crisis , and juncture of time . And the truth is , the People did accordingly afterwards check this unfortunate King with the same Bridle , and reduc'd him to a very low condition , and they chose Lewis ( the French King's Son ) their King. And this was the consequence of King John's Election by the People , and Invasion of the Right of his Nephew ; which Tenure was good only so long as he could maintain it with his Sword ; and so likewise is the Tenure of Pyrats , and Robbers , when they have ravish'd the Properties of other Men. Secondly ; For King Henry the fourth , he was likewise King de facto only , and not de Jure , for he laid violent hands upon the Crown , by the treasonable , and barbarous Deposition , and Murder of his natural Lord and Soveraign King Richard the second , after whose Death , without Issue , the legal Title remain'd in the House of Clarence , being the elder Line ; and so King Henry the fourth was constrain'd to truckle under an Election by the People , and their Establishment in Parliament , which Establishment was ipso facto void and null in Law against the House of York , ( which married afterwards with the said House of Clarence ) as I have evidently proved by the Roll of Parliament of 39 o of Henry the sixth , recited by me at large here in the beginning of this Discourse . And indeed this very King Henry the fourth , well knowing how much a Title to the Crown by the Common Law , and Inherent Birth-right , exceeded a Title by Statute , and Suffrage of the People , made his solemn Claim to the Crown in Parliament by Descent from King Henry the third , which though it was the meerest figment and pretence that ever was , ( as all the World knows ) yet he thought he might with more security rely upon that ( though fictitious ) than popular Establishment , though real : The Story is considerable , and therefore I shall extract my Account thereof from the Roll of Parliament of that time . Forthwith ( saith the Record ) upon vacancy of the Realm by Deposition of King Richard the second , Henry Duke of Lancaster rising from his Seat , and standing up , so that he might be well seen by the People , and humbly crossing his Forehead and Breast , calling upon our Saviour's Cross , he claim'd and challeng'd the Realm of England , thus void ; in his Mother-Tongue , under this very form of Words : In the Name of Fader , Sonne , and Holy Gost , I Henry of Lancastre challenge this Rewme of Ynglonde , and the Crown , with all the Membres , and Appurtenances , al 's I that am descendit be Ryght Lyne of the Blood , comynge fro the gude Lord King Henry therde , and thorghe that right that God of his Grace hath sent me , with helpe of my Kin , and of my frends to recover it , and which Rewme was in poynt to be ondone for defaut of governance , and un endoying of the gude Laws . So we see here , that the Title he laid stress upon was , Al 's descendit be right line of the bloud comynge fro the gude Lord King Henry Therde ; he meant from Edmund second Son of King Henry the Third , from whom the same Henry the Fourth by the Mother's side lineally derived , and who would fain have fac'd down the World , that the said Edmund was elder Brother to King Edward the First , contrary to his own knowledge , and that of all Mankind in that Age , and the express Testimony of a Matthew Paris , ( who was Chronologer Royal to the said King Henry the Third at the time of the Birth of the said Edmund , and b Polydore Virgil , and all our Historians . Thirdly ; For King Henry the Seventh , he was also King de facto , but not de jure , the legal Title abiding at that time in Elizabeth the eldest Daughter of King Edward the Fourth , with which Elizabeth the same King Henry did afterwards marry : Now because the Claim of the same King Henry the Seventh to the Crown is not generally understood , and it will conduce much to my present purpose to clear that matter , I shall crave leave here briefly to open it . It is to be known then that King Henry the Seventh laid claim to the Crown , as descending in a right line from John Duke of Somerset , eldest Son to John of Gaunt Duke of Lancaster , by his third Wife Katharine Swinford , by which Katharine the same John of Gaunt had Issue the said Duke of Somerset , and other Children , before Marriage with her ; and during his Marriage with his second Wife the Lady Constance , Daughter and Heir of Peter King of Castile . So the said Children were plainly all Bastards by our Law , and by consequence not capable of inheriting any thing . After the death of his second Wife , John for the passionate affection which he bare to his Children by Katharine , married her ; and some time after procured them by Act of c Parliament to be legitimated , and made inheritable to all Preheminences , Honours , Dignities , &c. [ Exceptâ Regali Dignitate , for so are the very words of the Record , Excepting the Regal Dignity . ] Besides , Margaret Countess of Richmond and Derby , the Mother of King Henry the Seventh , ( through whom he must necessarily derive what ever Title he could pretend to ) died not till d 1 H. 8. So then here are four plain Legal Impediments in the Title of King Henry the Seventh : 1. He derived from a Bastard Stem or Slip. 2. Though the said Children by Katharine Swinford were legitimated by Parliament , yet the Dignity Regal was excepted by the same Parliament , and they remained illegitimate as to that . 3. His Mother out-liv'd him . And 4. ( which was worst of all ) the onely true and legal Title remained in Elizabeth eldest Daughter to King Edward the Fourth , ( who descended lineally from Lionel Duke of Clarence , John's elder Brother ) with which Elizabeth the said Henry afterwards married , as I have observ'd . And therefore this Prince having so many palpable Flaws and Impediments in his Title , and well knowing that the Laws Divine , Natural , and Humane , were all against him ; no man ( I suppose ) will wonder that he made his Courtship and Addresses to the People for their favour and good will , and was so sollicitous of an Establishment by them . And as the most considering and thinking men of that Age had no great opinion of this Prince's Parliamentary Title , so it is plain that this King himself laid no great stress upon it ; which is the more remarkable , because all our Historians do with one voice proclaim him one of the wisest and most sagacious Princes , that ever sway'd the Scepter in this Realm . Now that he himself relied not upon this Statute-Kingship is most plain from two Acts of Parliament which I that produce . First , by that very Statute Law by which the Crown was establish'd upon him : for , as my Lord Bacon hath observ'd , he did not press to have that Act penn'd by way of Declaration or Recognition of Right , as on the other side he avoided to have it by new Law or Ordinance ; but chose rather a kind of middle way , by way of Establishment , and that under covert and indifferent words , viz. That the Inheritance of the Crown should rest , remain , and abide in the King , &c. Which Words might equally be applied , That the Crown should continue to him , but whether as having former right to it , ( which was doubtful ) or having it then in fact and possession , ( which no man denied ) was left fair to Interpretation every way . Secondly , from that Act of Parliament which he procur'd to be made in the 11th . of his Reign , in which it was ordain'd , That no person that shall serve the King for the time being ( for so are the very words ) in his Wars , shall therefore be attainted or impeach'd in his Person or Estate , what fortune soever fall by chance in Battel against the mind and will of the same King for the time being . This Law ( saith the Lord Chancellour Bacon , who comments very handsomly upon it ) had in it parts of prudent and deep foresight , for it took away occasion for the people to busie themselves in prying into the King's Title to the Crown ; for howsoever that fell out to be good or bad , the People's Safety was already provided for . And the same Author in the close of this King's Life , reckons his opportune and seasonable Death among his greatest Felicities , which withdrew him from any future blow of Fortune ; which certainly ( continues he ) in regard of the Title of his Son , being then 18 years of Age , and a bold Prince , had not been impossible to have come upon him : Because upon the decease of King Henry's Queen , in whom ( as I have often said ) the true Title lodged , and who died some years before , the Crown immediately by the Law of England descended upon Prince Henry ; for there can be no Tenancy by the Courtesie of the Crown . So then in the Opinion of the said Lord Chancellour also this King's Title by Statute was of small account in respect of that of his Son by Common Law. By all which it plainly appears , that this King had no legal or inherent Right of his own to the Crown ; and therefore full contrary to his own inclination he was constrain'd to stoop and truckle under an Establishment of the People , which notwithstanding was invalid and null in Law , as I have proved . For King Henry the Eighth , though no man ever doubted but that he was King de jure , as bearing ( united in his own individual Person ) his Father's pretended Title of Lancaster , and his Mother's legal and undoubted one of York ; yet there happened to fall out in this Prince's Case certain anomolous and odd Circumstances , and Niceties , and secret Intrigues , which necessitated him ( contrary to his better knowledge and the native greatness of his Soul ) to allow his People a share or copartnership ( as I may say ) in the ordering the Succession of the Crown , that so the matter might go as far as Human Power could carry it . And therefore first by the Statute of 25 he confirms his Divorce from Katharine , and bastardizeth Mary her Daughter ; and on the other hand corroborates his Marriage with Anne , and legitimates Elizabeth her Daughter , and makes her inheritable to the Crown . The Legitimation or Bastardy of these two Daughters depending much upon the validity or weakness of the Papal Dispensation in the first Marriage ; and this point being a Vexata Quaestio in those days , he had hoped to have cut this Gordian Knot ( which he could not untie ) with the Sword and pretended Omnipotency of a Parliament . And then after he had done this , he forthwith marries Jane Seymour , and by the Statute of the 28 attaints his Wife Anne , and bastardizeth Elizabeth her Daughter ; and so then ( according to the Poet ) Qui color albus erat nunc est contrarius albo . And then breaking down the Boundaries of all Law and common Reason , and with a prodigious wildness and extravagancy he procures it to be Enacted , That in case he had no Issue by Jane , he might dispose of the Crown to whatsoever Person he did in his own discretion think fit . And the whole Nation was oblig'd by the Sanctimony of an Oath to the defence of this Law. This he did that he might advance to the Throne his Natural Son Henry Fitz Roy Duke of Richmond , whom he loved most passionately , ( who yet died not long after ) and so to exclude for ever his Sister Margaret of Scotland , and all her Descendents . Then by the Statute of 35 he entails the Crown upon himself , Prince Edward , and the said Mary and Elizabeth ; and in case they happened to have no Issues of their Bodies , then he was again impower'd by the same Act of Parliament to dispose of the Crown to what person or persons soever he pleased by his last Will and Testament . And the whole Narion was likewise sworn to the Maintainance of this Law. And by virtue of this extravagant Power ( in case his three Children died without Issue , as afterwards they did ) he bequeathed the Crown to the House of Suffolk , being the younger House , and in defiance of all Laws , and Brotherly Affection disinherited , and totally excluded the elder House of Scotland : And therefore all those Niceties and Designs considered , it is most plain King Henry was constrain'd to pray in Aid of the People , to give some Colour at leastwise to all the Contradictions and Impossiblities . And therefore , I conceive that no Man of common Reason , or that bears true Faith and Allegiance to His Majesty that now is , or his Crown , will draw Arguments from the three Statutes above mentioned , to prove that the Parliament of England may exclude the next Heir of the Blood. So that upon the whole matter of this first Objection , it appears most plainly , That the Princes which submitted and stoop'd to these tumultuous and Statute-Kingships , either it was because they invaded and usurp'd the Crown contrary to the Laws Divine , Natural , and Humane , or to give a colour and varnish to Contradictions , and Impossibilities , and private Intrigues and Designs . And yet after all these popular Establishments , though munited , and fenc'd about with the highest Penalties and Oaths that mortal Men could devise ; yet could not in reality transfer the Right from the next Heir of the Blood ( that being a Dowry , as I have said , which God reserves to his own immediate Donation , and hath plac'd above the reach of a mortal Arm. ) For though an Act of Parliament shall command me to say , That an Ethiopian is White , and that under the highest Oaths and Penalties ; or , That an Ape is a Man ; yet notwithstanding the Ethiöpian can never in truth change his Skin , or Complexion , nor the Ape his Species , and commence a Creature rational . Ay ; but ( saith another ) Why may not the Crown be transfer'd from the next Heir of the Blood by Parliament , as well as all other Inheritances , and Possessions whatsoever in the Kingdom may , from the Right Heir of the Subject ? I Answer there is no similitude between the Cases . For ; 1. Private Men derive their Inheritances from their Ancestors ; but the next Heir of the Blood Royal derives not the Crown from his Predecessor , or the People , but immediately from God ; as I have prov'd at large in this Discourse . And no Person , or Community can give away , or transfer a Thing , which they never had vested in them , either in Possession , or so much as Right . Secondly ; The Law of the Crown ( which yet is a principal part of the Common Law of England ) differs from the Law of the Subject in Point of Descents ; and therefore that may be Law in case of the Crown , which is not in case of thē Subject , of which I shall here give some Instances . A Private Man being an Alien Born , cannot by our Law inherit Land here , But the Crown shall descend upon the next Heir of the Blood , though an Alien ; as it happened many years ago , in the case of King Henry the second , who was an Alien born , and begot of a Father who was also an Alien : And the like happened not long since in the case of King James , of ever blessed Memory . If a King of England have three Daughters , and dye , the Crown shall descend upon the Eldest alone ; but in case of a Subject , the Inheritance shall go to all three Daughters . Co. 1. Inst . 165. a : 25 H. 8. cap. 22. circa medium . If a Subject marry an Heiress , and hath Issue by her , a Son , and the Wife dye , the Husband shall enjoy the Wive's Lands during his Life ; but if a Man marry a Queen Regnant of England , and hath Issue by her a Son or a Daughter , and then she dyes , here the Crown descends immediately upon the Issue , which becomes King or Queen presently , though the Father be alive ; as ought to have been in the Case of King Henry the Seventh , and his Son Prince Henry , ( as I have before observed ; ) and would have been in the Case of Philip that married Queen Mary , if she had dyed having Issue . Ellesmere's Postnati 36. Lord Bacon's H. 7. fol. 4. 121 , 217 , 231. So the half Blood is no Impediment to the Descent of the Lands of the Crown , as it happened in the Cases of Edward the Sixth and the two Queens Mary and Elizabeth ; and yet in the Cases of Subjects it is clearly otherwise . Plowd . Com. 245. a. Co. 7. Rep. 12. v. Postnati . Co. Inst . 15. v. So likewise if the Right Heir of the Blood , or the Father or Mother of the Right Heir from whom the Crown descends , are attainted of High Treason by Parliament , these Attainders yet are no Obstructions to the Descent of the Crown , as it happened in the Cases of our King Edward the Fourth , and his Father Richard Plantagenet , Duke of York , who were both attainted of High Treason by Act of Parliament . As also in the Case of King James , as it is related to his Mother Mary Queen of Scots , who was attainted of High Treason , and executed , and yet the Commissioners and Judges that gave Sentence upon her , set forth a public Declaration , That the Attainder of the Mother did not at all derogate from the Right of her Son to the Crown of England : But all Men know 't is otherwise in the Case of Subjects , whose Descents are obstructed by the Attainders of their Ancestors . I could be infinite in Cases of this Nature , but by these few Instances ( wherein the Law , for ought I know , is no more alterable by Parliament than the Succession ) it doth plainly appear , That there is no small difference in Point of Law ; between the Descents of the Crown , and Private Inheritances . And therefore , though an Inheritance may thus be given away from a Subject , yet it doth not in any wise follow that the Crown may be dispos'd from the next Heir . The third , and last Objection is founded upon the Statute of 13 o Eliz. cap. 1. wherein it is enacted , That if any Person shall affirm , That the Parliament of England hath not full Power to bind , and govern the Crown in Point of Succession and Descent , that such Person ( during the Queen's life ) shall be guilty of High Treason , and after her Death ; shall forfeit his Goods and Chattels , &c. I Answer ; First , it is to be observed ; That this Law was made in the time of a Queen , whose Title to the Crown depended upon Statute-Law , as appears by the very Act recognizing her Title to the Crown ; and this Act of 13 o was made in affirmance and vindication of such Title to the Crown by Statute ; and this is plain from the Body of the same Act , wherein it is expresly Enacted , That if any Person shall affirm , That any Statute for recognizing the Right of the Crown of England to be lawful in the Royal Person of the said Queen , is not , or ought not to be for ever of sufficient force to bind all Persons , and their Rights , that in any wise may , or might claim an Interest to the same Crown in Possession , or otherwise , shall , during the Life of the Queen's Majesty , be judged a High Traitor ; and therefore the same Queen had little reason to scruple the passing a Bill of this Nature . But I much doubt , whether a Common Law-Prince ( who owes his Title only to God , Nature , and the immutable Customs of the Nation ) unless under like Circumstances with King Henry the Eighth , would have assented to an Act , so derogatory to the Regalties ; for the manifest Inconveniencies that might insue to himself , and posterity , by such Assent and Condescention : Some of which I have discovered in the beginning of this Discourse in my second Reason , why the Succession of the Crown is annexed to Proximity of Blood. Secondly ; Wise men do not only consider Things that are acted , but more especially the Season and Junctures of Time , when those things were acted ; and Sir Edward Coke ( a great Master in the Science of our Law ) doth frequently admonish us , That the true Scope and Design of our Statute-Laws , are oftentimes not at all intelligible , without the help of the Chronicles and Memoirs of that Age , wherein the said Statute-Laws were made . Of which there cannot be a more pregnatn Instance than this here . And therefore I will in Charity believe , That the Contrivers of this Objection did never rightly inform themselves of the History , and true Reason of making this Statute , which in Truth was this : Some time before this Statute , Mary Queen of Scots ( Dowager of France , and the Mother of our King James ) being discomfited in Battel by her own rebellious Vassals of Scotland , she ( like a Dove pursued by Vultures ) fled into the bosom of her Kinswoman Elizabeth of England for Protection . Elizabeth ( who inherited her Father's Malaversion to the House of Scotland , and contrary to those Royal Sympathies which one Sovereign Prince ought to have for another in Distress ; and indeed against the Rules of common Hospitality ) commits Mary to a loathsom Prison . The Pope , with some of the Catholick Princes , and others of her Friends , thought this was no very kind Treatment , and therefore endeavour not onely to set her at liberty , but also to advance her to the Throne ; the generality of Mankind in that Age looking upon the said Mary's Title to be much clearer than that of the Queen in possession , the later being bastardiz'd , and render'd incapable of the Crown by solemn Act of Parliament , which still stood unrepeal'd , and therefore valid in Law ; at leastwise but a Statute-Queen , as I prov'd before : And the former deriving ( as is shew'd above ) by the Common Law , and a direct true line from Margaret the eldest Daughter of King Henry the Seventh , and Elizabeth his Queen . And besides , in the very year this Statute was made , there was a Marriage warmly prosecuted between the said Queen Elizabeth ; and Henry Duke of Anjou , ( who afterwards became King of France , upon the death of his Brother Charles the Ninth ; ) and no small care was then taken for Establishment of the Succession upon the Issues proceeding from the same Marriage . And there is a remarkable Clause among others in the same Statute of 13 , viz. That every person or persons , of what Degree and Nation soever they be , shall during the Queen's Life declare or publish , that they have any right to enjoy the Crown of England , during the Queen's Life , shall be disenabled to enjoy the Crown in Succession , Inheritance , or otherwise after the Queen's Death . Which Clause was most apparently contriv'd against the same Mary and her Son King James . So that the plain scope and design of this Statute was , utterly and for ever to exclude and disinherit the same Mary Queen of Scots , and all her Posterity , and to extinguish absolutely that Right to the English Crown , which the Laws of God and Nature , and the Common Law of England , had given to her and them . And therefore how any man that pretends Loyalty or Allegiance to His Gracious Majesty that now is , ( who derives his Title lineally from the said Mary Queen of Scots ) can object this Statute was a Precedent for Exclusion of the next Heir by Act of Parliament , I cannot understand . And the Objector may do well to consider , how far he may enforce this Objection without hazard to his Person and Estate ; for no man can maintain the validity of this Statute , without manifest Derogation and Injury unto his Majesty's Title . Thirdly ; To affirm that the Parliament hath no Power to bind the Succession of the Crown in point of Descent ; and to affirm that the Parliament hath no power to exclude the next Heir of the Bloud Royal , is the same Proposition . Now I have proved above , That the Succession of the Crown is annex'd to Proximity of Bloud by the Laws of God and Nature , and that Acts of Parliament contrariant to those Laws are void . So then the Case is no more than this ; An Act of Parliament ordains , that no Person under a certain Penalty shall dare to affirm , That Statute-Laws contrary to those of God and Nature are null and void ; I think no man ever did , or doth , or will doubt , but that such Act of Parliament is absolutely void in it self , and that the Judges are oblig'd to expound it so , when ever it comes before them in Point of Judgment . Lastly ; This Act of 13 being a Law made ( as I have proved above ) in diminution , or rather in open and hostile Defiance of the Title of Scotland to this Crown , it was by tacit and implied consent of the Law , and the whole Nation , utterly abrogated upon the first moment of the happy Union of the two Crowns in the person of King James ; or at leastwise by the solemn and express Repeal here of all hostile and unkind Laws between England and Scotland , of which I am sure this of 13 was none of the least . I shall draw towards a Conclusion with a certain apposite Note , which one of our Latin Historians makes upon the nine days Reign of Jane Grey , and the easie Admission of Queen Mary to the Crown . Tali & constanti veneratione nos Angli legitimos Reges prosequimur , ut ab corum debito obsequio , &c. Such and so constant a Veneration ( saith he ) have we Englishmen for our lawful Princes , that we are not to be drawn from our Allegiance and Loyalty to them , by any colours or specious pretences whatsoever , no not with the Bait even of Religion it self ; of which matter this Case of Jane may be a memorable and plain Instance : For though the Foundations of her Government were laid as firm as was possible , and the Superstructure also wrought with all the Art and Cunning in the world ; yet as soon as ever the lawful and undoubted Heir of the Crown appear'd , and shew'd her self to the People , all this fine and curious Frame presently fell to the ground , and was ruin'd as it were in the twincle of an Eye ; and that principally by the hands and industry to those very persons , who upon the account of Religion were thought to have most favoured the Interest of Jane . And though the Duke of Northumberland ( Jane's Father in Law , and a man of prodigious Subtilty ) had instructed the Preachers of London to cry down the Title , and blacken the person of Mary in their Pulpits by all the ways imaginable ; yet this Device was smoak'd , and would not take even with the Londoners themselves ; no though Ridley their Bishop ( a man of singular Sanctity and Persuasion , and whose Person they passionately revered ) laboured in the matter with all his Might , &c. So far the Historian . Thus I have ( as I conceive ) answer'd all material Objections , and have likewise made good my Proposition , viz. That the Parliament of England cannot by the Laws of England exclude the next Heir of the Bloud from Succession to the Crown . And I doubt not His Sacred Majesty that now is , will not in his time suffer a Pearl of this Magnitude and Oriency to be ravish'd by any Hands out of the Imperial Diadem of this Realm . Sir , I doubt not but upon a serious and deliberate Perusal of this Discourse ( which I have compos'd at your earnest Intreaty ) you will gather some Notices and Knowledge which may be of use and satisfaction to you . Whatever it be , I beseech you to believe that I am , SIR , Your Faithful and Humble Servant , E. F. FINIS . Notes, typically marginal, from the original text Notes for div A39852-e90 1. Reason . a Gen. 4. 7. b Deut. 21. 17. c Exod. 13. 1. 22. 9. Numb . 3. 13. Luc. 2. 23. d In Epist ad Onagr . Et in Gen. 49. e Hom. 5. adversus Judaos . f De Repub. lib. 6. cap. 5. g Lex hoc D. de Just . & Jure . h Iac. licet de voto . i Tract . de Pot. & Excell . Regia . q. 9. k In l. obvenire D. de verb. sig . l In proaem . D. Sect. Discipuli . Et in 1. Donationes , C. de Don. inter Vir. & Vx . m In L. 2. C. de Jur. Emph. n Per L. ex facto Sect. pen. D. ad Treb o Cons . 275. lib. 2. p In L. proximus D. de Verb. Sig. q L. ex duobus D. de Vulg. & pup . r Cokes 3d. Inst . 8. s Jac. The Case of the Dutchy of Cornwal . * Cited in Coke's 7th Rep. 10. v 11. d. Calvin's Case . t Arist . Ethic. Nicomac . lib. 8. cap. 13. u De Clemen . lib. 1. cap. 19. x 24 H. 8. cap. 12. 34 H. 8. cap. 1. 23 Eliz. cap. 1. &c. a 1 Sam. 16 1. c 2 Kings 9. 4. d Exod 11. 2. 12. 35. e Rot. Parl. 39. Hen. 6. Num. 10. 13 , 15 , 27. f Rot. Parl. 1 Ed. 4. num . 8. &c. & 9 Ed. 4. 10. a. Bagot's Assise . 1 Jac. c. 1. h 6 Jac. Co. 7 Rep. 10. v. & 14. v. i Printed in Poulton's Statutes . 3 Car. 1. k Coke's 1. Iast . 344. a. l 27 Hen. 6. Fitch Title Annuity 41. m 1 Edw. 6. cap. 14. n Cited in Coke's 8. Rep. 118. v. Dr Bonham's Case . 2 Reason . o Preface to his fourth Rep. in principio . p His Argument of the Case of the postnati . pag. 36. 3 Reason . 4 Reason , * 18 Ed. 3. The Oath of the Judges printed in Poulton . 5 Eliz. ca. 1. q Co. 7. Rep. 6. v. Calvin's case . r Rot. Parl. 42 Ed. 3. nu . 7. s 4 Inst . 14. in margine . t 12 Rep. 28. v 1 Jac. c. 1. A Recognition that the Crown of England is lawfully descended unto King James , his Progeny and Posterity . K. H. 6 Rot. Parl. 1 Ed. 4. num . 12 , 22. K. H. 7. 28 H 8. cap. 7. Vita Eliz. An● , no 2. regni . In Lib. Barbarious D. de Offic. Praesid . Walsingham in vita . Ed. 1. Dyer . 165. a. b Coke's 7th Rep. 11. a. Post-nati . 1 Objection . Answer . King John. Vita Johannis . fol. 197. Henry 4th . Rot. Parl. 39. H. 6. Num. 10. 13 , 15. 27. Rot. Parl. 1 H. 4. Memb. 20. a Vita H. 3. fol. 488. & 654. b In Ane Vitae H. 3. & principio H. 4. Henry 7. c R. 2 num . 29. Rot. Parl. 20. Rot. Parl. 20. Ri. 2. Pars secanda memb . 6. Rot. Parl. 8 H. 4. Pars prima memb . 14. d Lord Herbert H. 8. fol. 8. Bacon Hist. 11. 12. 11 H. 7. cap. 1. His History of H. 7. fol. 144. Ib. fol. 233. & 217. Henry 8. 25 H. 8. c. 22. 28 H. 8. cap 7. Heylin's Ecclesia restaurata , fol. 5. 35 H. 8. cap. 1. 2 Objection . Answer . Nil dat quod non habet . 1. Inst. 11. v. & 344. a. 〈…〉 Eliz. Reg. 28. 1586. 〈…〉 die ( saith Cambden ) 〈…〉 sententia in Scotorum Regia 〈◊〉 prolata est , à Delegatis & 〈◊〉 Judicibus declaratum erat , ●●rentiam iliam nihil derogare Jacobo Regi Scotorum in Jure aut ●●onore ; sed ilium in eodem esse 〈◊〉 , Ordine , & Jure , ac si S●mentia illa nunquam lata fuiset . ( Fo. so are the very Words of the Historian . ) 3 Objection . Answer . ● Eliz. cap. 3. 〈…〉 a. 28 H. 8. cap. 7. Cambden in 13 Eliz. 4 Jac. cap. 1. Rerum Anglicarum Annales lib. 3. Vita Mariae Ré 
A29176	----	A true and exact history of the succession of the crown of England collected out of records, and the best historians, written for the information of such as have been deluded and seduced by the pamphlet, called, The brief history of the succession, &c., pretended to have been written for the satisfaction of the Earl of H. Brady, Robert, 1627?-1700. 1681 Approx. 195 KB of XML-encoded text transcribed from 25 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A29176 Wing B4195 ESTC R19500 12115506 ocm 12115506 54279 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29176) Transcribed from: (Early English Books Online ; image set 54279) Images scanned from microfilm: (Early English books, 1641-1700 ; 759:24) A true and exact history of the succession of the crown of England collected out of records, and the best historians, written for the information of such as have been deluded and seduced by the pamphlet, called, The brief history of the succession, &c., pretended to have been written for the satisfaction of the Earl of H. Brady, Robert, 1627?-1700. [2], 46 p. Printed for Cave Pulleyn, London : 1681. Errata: p. 46. Includes bibliographical references. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- Kings and rulers -- Succession. 2006-05 TCP Assigned for keying and markup 2006-05 Aptara Keyed and coded from ProQuest page images 2007-05 Ali Jakobson Sampled and proofread 2007-05 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A True and Exact HISTORY OF THE SUCCESSION OF THE CROWN OF ENGLAND : Collected out of Records , and the best Historians . Written for the Information of such as have been deluded and seduced by the Pamphlet , called The Brief History of the Succession , &c. pretended to have been written for the Satisfaction of the Earl of H. LONDON , Printed for Cave Pulleyn , in the Year MDCLXXXI . A True and Exact History of the SVCCESSION of the CROWN of ENGLAND . IN the Year 1594. Parsons the Jesuit ; or , as a Mr. Camden says , He , Cardinal Allen , and Sir Francis Inglefield , under the name of R. Doleman , wrote a Book entituled , A Conference about the next Succession to the Crown of England , b divided into two Parts . The first , pretended to have been the Discourse of a Civil Lawyer , concerning Succession by Proximity of Blood in general , contains , for the most part , in nine Chapters , the very Principles of Sedition and Rebellion ; proved and maintained , as is there also pretended , by Examples and Texts of Holy Scripture ; Examples in France , Spain , Germany , England , and other Nations . The English Examples and Instances , generally , are partially cited , or mis-applied , or not fully understood by the Author ; and are matter of fact only . The Second Part is there said to be the Speech of a Temporal Lawyer , about the particular Titles of all such as might pretend , within England , or without , to the next Succession after Queen Elizabeth : which , according to his Account , were ten or eleven : yet this Author says ( if any body will believe him ) That this Treatise was wrote out of d singular Affection and Devotion to that excellent Princess , and with special care of her Safety . It was dedicated to the Earl of Essex , with design , after the Queen of Scots was taken off , e to baffle the Title of King James , who was her immediate Heir ; and either to fix it upon the Earl , ( for whom he had made a Title , ) or to promote a Contention between the King and him about it , while by some means or other ( which was their main intention ) the Infanta of Spain , by a far-fetch'd Title , might obtain the Kingdom , and thereby advance their own Purposes and Religion . How justly this Book is censured by the Judicious Camden , and branded with Perfidiousness , and Design to delude and abuse the People , raise Tumults and Seditions , the Reader may see in the places cited in the Margin . In the Year 1648. as a Preparative to the Deposition and Murther of King Charles the First , there was published a Pamphlet , and printed at London by Robert Ibbitson , under the Title of Several Speeches , delivered at a Conference concerning the Power of f Parliaments to proceed against their King for Mis-Government : And the Heads in the Title Page , upon which these Speeches are pretended to be made , are in number nine , and the very same , verbatim , with the Titles of Doleman's nine Chapters in his first Part of the Conference touching the Succession to the Crown : and the Matter and words of the Speeches themselves , almost in all things , are the very same , except the Transitions , Connexions , and some few , not material passages , which are left out . From these Conferences of Doleman , which by crafty Men were published by Retail , in several Pamphlets , Speeches , Declarations , pernicious Deductions , &c. and from the nine Speeches last mentioned , all the Factions in the late times of Rebellion , were furnished with Arguments , Reasons , Examples and Pretences for their Seditious Practices . And the Suggestions of the Act for the Tryal of King Charles the First , and the Materials of the long Speech Bradshaw made , to declare the Grounds of the Sentence , and aggravate the things laid to his charge , by mis-applying both Law and History , were borrowed from these Books : as likewise was much of the most seditious part of Milton's Book , entituled , The Defence for the People of England . Also in the Year 1655. at London , was printed an Abstract of Parsons his Book , containing the Substance , and often the Words of it . The Chapters being divided into several short Sections , with Titles to each of them ; this bears the name of a Treatise concerning the broken Succession of the Crown of England . To what end it was at that time published I cannot guess , unless to set up a Foreign Title , or make way for Oliver Cromwell's Kingship . And how lately there hath come forth a Pamphlet , under the name of A Brief History of the Succession , collected out of the Records , and most Authentick Historians ; for the Satisfaction of the Earl of H. Much or the Materials of this Pamphlet , and most of the History contained in , it concerning the Succession , are taken out of the Jesuit's Book , the Speeches and Abstract before mentioned ; but this Author's industry leads him further than Polydor Virgil , who is mostly cited by his three Predecessors ; and sometimes Stowe and Hollinshead . And for the making his Work more plausible and passable , and more readily to be received by his ordinary Readers , he takes very little notice of Polydor ( who pointed him to his Authors and Places ) but cites William of Malmsbury , Henry of Pluntington , Simeon Dunelm . Ailredus , Abbas Rievallensis , Brompton and others , ancient Writers , in his Saxon Instances especially : whose Words , if faithfully cited , would have been of no use to him ; for often , in the middle of the Sentences , and of Records he hath cited , he hath left out such Words and Matters as would have ruined the Design or his History . A Paralel of his Words , with the true Words of the Authors from whence he had them , will be given at the latter end of this Treatise . Hence we proceed to the Succession ; by a true History whereof , Men will be able to judg what was the Government , and how the Crown hath Hereditarily discended for many Ages in this Nation : And though History is so deficient , and the many Rencòuntèrs , and Invasions of one another's Territories and Bickerings between the petty Kings and Governors of the Saxons in the time of the Heptarchy , the Succession cannot be well made out ; yet ( though not in all ) we may be able to make out a Succession in the greatest and most Illustrious Kingdom of them ; which was that of the West-Saxions . The Saxon Succession . Egbert , who is commonly said to be the first Saxon Monarch , though he brought not the whole Heptarchy under his Power and Government , succeeded Brihtric . King of the West-Saxons . The Words of the Saxon Chronicle are these only ; a BEORHTRIC CYNING FORTHFERD & ECGRYHT FENG to WEST-SEAXNA RICE . Which words the Translator thus renders , Beorhtricus Rex Occidentalium obiit , Egbryhtus Occidentalium Saxonum Regnum Capessit . And b Florence of Worcester , who strictly follows this Chronicle , says , Rex Occidentalium Saxonum Brihtricus obiit & Egbertus successit : that is , Brihtric died , and Egbert , King of the West-Saxons , took the Kingdom , or succeeded him . c Simeon Dunelmensis says , Defuncto Rege glorioso Brihtrico Occidentalis regni , suscepit post ipsius obitum Regnum & Impertum Egbertus Rex , qui ex regali illius gentis prosapia exortus Diadema totius regni capiti imposuit . d William of Malmsbury is more particular in this matter , and reports the Jealousie Brihtric had of Egbert , Quem solum regalis prosapiae superstitem , validissimum suis utilitatibus obicem metuebat , Franciam fugandum curavit . Who only of the Royal Line was left , and the greatest Cheek to his Design , he caused to fly into France . e Nam & ipse Brihtricus & caeteri infra Inam Reges licet naturalium splendore gloriantes , quippe qui de Cerdicio originem traherent , non purum tamen linea regiae stirpis exorbitaverant . For though Brihtric himself , and the rest of the Kings since Ina , boasting of their Lineage , as drawing their Origin from Cerdic ; yet they did not a little exorbitate from the true Royal Line . The Pedigree of Egbert . f Egbertus fuit filius Ealmundi , Ealmundus Eafae , Eafa Eoppae , Eoppa fuit filius Ingildi : Egbert was the Son of Ealmund , Ealmund of Eafa , Eafa of Eoppa , Eoppa of Ingild , g the only Brother of Ina , King of the West-Saxons ; who left his Kingdom , went to Rome , lived a Monastick Life , and died Childless . h Ethelwolfe succeeded his Father Egbert in the Kingdom of the West-Saxons , and he gave to his other Son Aethelstan his Conquests ; Kent , East-Sex , Surrey and Sussex ; of which he made him King. i Malmsbury saith thus ; Ethelwolphus West-Saxonum regno contentus , caetera quae pater subjugaverat Appendicia , Aethelstano filio contradidit , qui quanto & que fine defecerit incertum . k Ethelwolph by Will divided his Kingdom between his Sons Ethelbald and Ethelbert . l To Ethelbald he gave West-Saxony ; to the other Kent , &c. and by Will gave the Kingdom of West-Saxony to his Sons Ethelred and Elfred , after Ethelbald's Death , Successively . Ethelbald lived but five Years , when Ethelbert possessed the whole Kingdom , Vt justum èrat , says m Asser , Florence of Worcester , and Simeon Dunelmensis . n Ethelred , third Son to Ethelwolph , and Brother to Ethelbert , succeeded him in his Father's Kingdom , who Reigned five or six Years . o Alfred , fourth and youngest Son of Ethelwolph , succeeded his Brother Ethelred . Fratribus suis Sccundarius fuit : He was a Coadjutor , or Assistant to his other Brothers . Asser . fol. 7. 50. To whom succeeded his Son p Edward , called the Elder . To him succeeded his Son q Ethelstan , EADWEARD CYNG FORTH FERD and AETHELSTAN his SUNN FENG to RICE . King Edward died , Ejusque filius Aethelstanus capescit regnum : And his Son Aethelstan succeeded in the Kingdom . These being the usual Saxon and Latin Words by which the Succession is expressed . r Florence of Worcester , and Simeon of Durham , both say , Rex Edwardus Sen. ex hac vita transiens Aethelstano filio regni gubernacula reliquit : King Edward the Elder dying , left the Government of the Kingdom to his Son Aethelstan . f Malmsbury says thus in the History of Edward the Elder ; Jussu Patris in Testamento Aethelstanus in Regem acclamatus est : By the Command of his Father , in his Will , Aethelstan was proclaimed King. By some Aethelstan is affirmed to be a Bastard , from the report of t William of Malmsbury , in the Book and Chapters last cited : Who tells us that one Alfred , a Man of u great Insolence , and his Faction , opposed Aethelstan , upon pretence he was a Bastard . Occasio contradictionis ut serunt ( says the Historian ) quod Aethelstanus ex Concubina natus csset : The occasion of Contradiction was , that Aethelstan was born of a Concubine , as was reported . Sed ipse praeter hanc notam si tamen vera est , nihil ignobile habens : But he had no other Mark of Ill upon him but this , if it were true . And telling the story how King Edward the Elder ( as it was reported ) stole a Leap with a Shepherd's Daughter , by the help of his sometimes Nurse ; of whom , it is fabled , he begat Aethelstan ; he says he had it from x trite Tales and Songs ; and that he related it not to defend the truth of it , but because he would keep nothing from his Readers . Nor indeed is the story credible ; for the same Author in the same y Chapter reports , that his Grandfather , famous King Alfred , in his Life-time wished him a prosperous Reign , embracing him as a Child of great Hope , and excellent Behaviour , and Knighted him in his Childhood ; putting on him a Scarlet Cloak , and girding him with a Belt set with Gems , and a Saxon Sword in a Golden Scabbard . This so wise and great a King as Alfred was , would never have said and done to a Bastard . z Edmund his Brother succeeded Aethelstan in the Kingdom . After him a Edred , third Brother to Aethelstan , succeeded in the Kingdom , and was consecrated King by Odo Arch Bishop of Canterbury . This was done in the Nonage of King Edmund's Sons , when they were very young , and the Nation under great difficulties . The Saxon Chronology says , EADRED AETHELING his Brother FENG to RICE regnum ●apessit . Florence of Worcester , Edredus proximus haeres fratris succedens regnum suscepit . b Malmsbury , Edredus tertius e filiis Edwardi regnum suscepit . Simeon Dunelmensis , Edredus frater Edmundi in regnum successit . Edwy c the Son of Edmund succeeded his Uncle Edred : He banished Dunstan , turned out Monks , and placed Secular Priests in Monasteries ; and d was so displeasing to the Mercians and Northumbrians , that they rejected him , and chose his Brother Edgar ; who also succeeded Edwy in the Kingdom of the West-Saxons . e Eadwigus Rex Kal. Octobris obiit , and Edgar his Brother FENG to RICE : Edwy died on the First of October , and Edgar his Brother took the Kingdom . Flor Wigorn. Abomni Anglorum populo Electus regnum suscepit . f Malmsbury , Edgarus adolescentulus se decem annorum regnum adipiscit . Edward his Son , called the Martyr , succeeded him ; filiumque suum g Edwardum & regnt & morum haeredem reliquit : And left his Son Edward Heir , as well of the Kingdom , as of his Vertues and Endowments . But there happening a Contest between him and this Brother about the Succession , h Quidam Regis silium Edwardum , quidam illius fratrem eligerunt , Ethelredum : quam ob causam Archipresules Dunstanus & Oswaldus cum Co-episcopis . Abbatibus , ●uc●busque quamplurimis in unum convenerunt , & Edwardum ut pater eius praeceperat eligerunt , Electum consecrarunt , & in Regem unxerunt : Some elected Edward , the King's Son , some his Brother Ethelred : wherefore the Arch-Bishops , Dunstan and Oswald , with the Bishops , Abbots , and very many Noble-Men , being gathered together , elected Edward , ( as his Father had commanded ) consecrated and anointed him King. i This Contest was managed , and set on foot by Elfrida , second Wife to Edgar , and Mother in Law to Edward . Who k by her Contrivance being murthered , was succeeded by his Brother Ethelred . FENG ETHELRED AETHELING his BROTHER to RICE : and Ethelred Aetheling his Brother enjoyed or possessed the Kingdom . The Danes , ever since the beginning of King Egbert , having by continued Invasions , harassed , and grievously wasted and molested England , in the Reign of King Aelfred , by l Pact and Bargain between him and Guthrum , enjoyed East-Saxony , or Essex , and the Country of the East-Angles , and a far greater part of this Nation , as many think . And in this King Ethelred's Reign , Swane , King of Denmark , with a great Army invaded , and made himself Master of the whole Nation ; forcing Ethelred and his Wife Emmy , Sister to Richard , second Duke of Normandy , with their two Sons , Edward and Alfred , into that Country . But m Ethelred had a former Wife Elgive , Daughter of Duke Thored : By her he had many Sons ; of whom Edmond called Ironside being the third , Aethelstan and Egbert dying without Issue , by the n Election of the Londoners and West-Saxons , succeeded his Father in the Kingdom . Florence of Worcester says , again , after the death of Ethelred , the Bishops , Abbots , Duces & quicque Nobiles Angliae met , and chose Cnute the Son of Swane ; but the Londoners , and that part of the Nobility which was with them , by one consent made Edmund King. After o several Battels fought for the Sovereignty of the Kingdom between these two Pretenders and their Adherents , being weary on both sides , they were persuaded to part the Kingdom between them ; which was done . But not long after Edmund died at London : The Arch-Traytor p Edric , after he had caused Edmund's Brother Edwy to be murdered , advised Cnute to kill his two Sons also , Edward and Edmund . But he thinking it a great scandal and disgrace to him that they should be killed in England , sent them to his Friend and Confederate , the King of Sweves , to be slain ; who not complying with his desire , sent them to Solomon , King of Hungary , to be preserved : where Edmund died , and Edward married Agatha , Daughter to Henry the Roman Emperor : by whom he had Edgar , Aetheling , Edmund , Christiana , who all died without Issue , and Margaret , Queen of Scotland , whose Daughter Maud was married to Henry the First . After the death of Cnute , the Londoners , as q Ingulph of Croyland , and r William of Malmsbury do report , chose Harold ; but the English had a mind to chuse Edward the Son of Ethelred , or at least Hardecnute the Son of Cnute by Emme his Wife , the Widow of King Ethelred , who was then in Denmark ; and that he coming over , the Kingdom was divided between them ; and taking Possession of his Share , returned into Denmark : and that Harold , in his absence , made himself Master of the whole Kingdom ; who s living only four Years , after his death , both English add Danes sent for Hardecnute into Denmark to succeed him . The Author of the Encomium of Emme t says , Cnute gave both this and his other Kingdoms to his Son Harde-Cnute , by Emme . Edward , u by the Policy , Power and Industry , chiefly of Earl Goodwin , and Livingus Bishop of Worcester , was made King at London , and was anointed King at Winchester by the Arch-Bishops of Canterbury and York , and almost all the Bishops in England . He being in England at the time of the death of his half-Brother Harde-Cnute x was in a great streight , not knowing what to do , and thinking to retire into Normandy , as he was advised by the Normans , applied y himself unto Earl Godwin , who minded him whose Son he was , and of his Right to the Kingdom ; aud agreeing to marry his Daughter Edgith , and to other Conditions propounded to him , being forced by necessity to consent thereto , Godwin ( a Council being immediately called ) by his Reasons and Rhetorick , made him King. Gul. Gemeticensis z saith , Hardecnutus reliquit Edwardum fratrem totius regni Haeredem : Harde-Cunte left Edward his Brother Heir of the whole Kingdom . Ailred , a Abbot of Rievalle , tells an idle Tale in the Life and Miracles of Edward the Confessor ; that his Father , King Ethelred , being solicitous about a Successor , though he had at that time two Sons , Edmund Irorside and Alfred ; yet in a great Convention of Bishops and Noble Men before him , and a great Concourse of ordinary People , by the Prescience and Direction of God Almighty , this Edward was chosen King while he was in his Mother 's Womb. Praebet electioni Rex , consensu laeti praebent proceres Sacramentum , & inasitato Miraculo in ejus fidelitate jurarunt , qui utrum nasceretur ignorarunt . The King consents to the Election , and the Noble-Men joyfully ; and by reason of an unusual Miracle , swear Fealty to him before they knew whether ever he would be born . He is the only Author of this Legend that I know of , and do think it a little too gross to be believed . Edward the Confessor designed his Nephow , Prince Edward , the Son of Edmund Ironside , for Ins Successor ; and in the thirteenth Year of his Reign , nine Years before he died , sent for him out of Hungary ; where he then was in Banishment ; but in a short time after he died at London , b Anno Dom. 1057. Clito Edwardus Regis Eadmundi ferret lateris , filius , ut ei mandarat suus Patruus Rex Edwardus de Hungaria , quo multo anno in exilium missus fuerat Angliam venit , decreverat enim Rex illum post se Regni haeredem constituere , sed ex quo venit parvo post tempore vita decessit Londoniae . After the death of Edward the Confessor , Harold c Throno Regio se intrusit : And as Ailredus before cited hath it , d Quidam Edgarum Adeling , cui Regnum Jure haereditario debebatur Regem constituere moliuntur , sed quia puer tanto honore minus idoneus videbatur , Haraldus Comes de genere perditorum , cujus erat & mens astutior , & crumena faecundior , & miles copiosior sinistro omine Regnum obtinuit : Some endeavoured to make Edward Atheling King , to whom the Kingdom belonged by Hereditary Right : But because he was a Child , and seemed not fit for so great Honour , Earl Hurold , a crafty Traytor , being better furnished with Money and Soldiers , by sinister Fater obtained the Kingdom . To the same purpose Henry of Huntington says , Quidam Anglorum Eadgar Adeling permovere volebant in Regem ; Haraldus vero viribus & genere fretus Regni Diadema invasit : That is , Some of the English would have had Edgar Atheling King ; but Harold , being well furnished with Forces , and assisted by his Kindred , invaded the Crown , f. 210. b. n. 10. From the various Expressions of the antient Writers of the Saxon Story , concerning the Succession , an unwary Reader would think the Saxons agreed not in one Rule of Succession , or that they had no Rule at all . But whoever considers with understanding what here is said , will find they had , and pursued a sure Rule of Succession ; which was either Right of Blood , or the Nomination and Appointment of the preceding King ( as we hinted before ) which Nomination by the Saxon Kings mostly happened in the Minority or Nonage of their Children , and that only b was thought and allowed Cause sufficient for the Father to prefer his Brother's Son before his own , or a Bastard before his lawful Issue . For by the subsequent Instances it will plainly appear , that the Saxons did in their Subjection , owning of , and Submission to their Princes , acknowledge both Proximity of Blood , and Nomination of their Princes ; often both , sometimes only one of them ; but never followed any other Rule . Aethelwolph , the Father of Elfred , notwithstanding by Proximity of Blood his Sons were his Heirs , yet c bequeathed his Kingdom successively to Ethelbald his Eldest , Ethelredg his Third , and Aelfred his Fourth ; having before given Kent , Surrey and Sussex , &c. to his Second Son Ethelbert : d yet he succeeded Ethelbald in all his Dominions , and Ethelred and Aelfred both succeeded him according to their Father's Will , e notwithstanding it is said Ethelbert had two Sons , Athelm and Aethelwald . This Testament of Ethelwolph f Florence of Worcester calls Epistola Haereditaria . Edgar g filium faum Edwardum & Regni & morum hoeredem reliquit : Left his Son Edward Heir of his Kingdom and Endowments . Archipresules Dunstanus & Oswaldus cum Coepis . Abbatibus & Ducibus quamplurimis una convenerant , & Edwardum ut pater ejus praeceperat , eligerunt , electum consecraverunt , & in Regem unxerunt : The Arch-Bishops Dunstan and Oswald , with their Fellow-Bishop , Abbats , and very many Dukes , or prime Men , chose Edward , as his Father had commanded , and consecrated and anointed him King. Eligerunt here signifies no more than Recognoverunt , They acknowledged , owned , submitted unto him as their King , as his Father had commanded , and by Will appointed . This King's Command was stricter than a Conge D'estire ; where the King nominated the Person to be chosen Bishop , and he is always accepted and owned by the Chapter ; and yet they are said to chuse , though limited by the King's Nomination . So in many Corporations and Bodies Politick , in this and other Nations , they have a Person nominated to them ; and yet they are said to chuse him , though they can chuse no other . Rex Edwardus ( senior ex hac vita transiens , h filio Aethelstano Regni Gubernacula reliquit : King Edward the Elder dying , left the Government of the Kingdom to his Son Aethelstan . i Aethelstanus jussu patris in Test amento in regem acclamatus , est : After , him , his Brother Edmund swayed the Scepter . Cui k Edredus proximus heres fratri succedens Regnum suscepit : To whom Edred , the next Heir , succceded his Brother Edmund , and undertook the Government . What next Heir could Edred be his Brother Edmund . but a Testamentary Heir , when at that time he left two Sons , Edwy and Edgar , both small Children , and both were Kings successively , after their Uncle . Concerning this Testamentary Heir it is said , Viventis non est haeres ; for the Testator might alter his Will when he pleased . These Testamentary Heirs were either Scripti , as when the Testament was written by the Testator : or Nuncupati , as when it was written by another , and dedicated by the Testator , or they were declared Heirs only before many Witnesses without writing ; and without doubt often it happened that our Saxon Kings did only call together the Bishops and Nobility , or such of them as they pleased , and declared their minds concerning their Successor . Cnutoni virorum dignissimo [ d ] pater Swanus Sceptrum commiit Regale . Swanus Danorum Rex Angliam vi suo subjugandat imperio , moriens ejusdem Regni Cnutonem Successorem constituit : Swane , King of Denmark , having subdued England by force ; dying , appointed Cnute his Successor in that Kingdom . By Emme , Widow to King Ethelred , whom he had married , and made his Queen , he had Harde-Cnute his Son : [ e ] To him his half-Brother Cnute gave all that had been any ways under his Government . But Harde-Cnute being in Denmark when his Father died , whereof he had made him King , Harold possessed himself of England . Who was f ] Cnute's Son by a Concubine , or a Bastard Son of a Maid-Servant brought into his Concubine's Chamber , and imposed on him by her . And for this reason Elnoth Arch-Bishop of Canterbury , refused to consecrate him King , and to deliver him the Crown and Scepter . Harold being dead , g Harde-Cnute , so soon as he was consirmed and setled in this Kingdom , called his half-Brother Edward by his Mother Emme ( afterward called the Conseffor ) out of Normandy , and caused . him ; to live with him ; who dying within two Years , h Edwardum totus Regni reliquit baredem , Left Edwardum Heir of the whole Kingdom . He could be no other than a Testamentary Heir , there being Heirs of the right Line , both of Saxon and Danish Blood , before him . Rex Edwardus i ] Robertum Archiepiscopum Cantuariae Legatun ad Gulielmum Comitem Normaniae a latere suo direxit , illumque designatum sui Regni Successorem tam debito cognationis quam merito virtutis sui , Archipresules relatu insinuavit . King Edward sent Robert , Arch-Bishop of Canterbury , Envoy to William , Earl of Normandy , to let him know he was appointed his Successor in his Kingdom , as well for that he was of his Kindred , as for his great Vertue . With Ingulph agrees k William of Poictou : and adds , the Succession was given to him by Edward , Cum optimatum suorum assensu . Harold l going to William , Duke of Normandy , to release his Brother and Nephew that were Hostages with him for his Father Earl Godwin's Good Behaviour towards King Edward , he told Harold that King Edward had faithfully promised him , that if ever should be King , Jus Regni in illium iure bareditario post se transferret : That he would , after himself , transfer the Hereditary Right of the Kingdom to him . Yet m Eadmer says , Juxta quod Edvardus ante mortem statuerat , in Regnum ei successit Haraldus : according as Edward had appointed before his death , Harold succeeded him in the Kingdom . Florence of Worcester n says , Haraldus quem Rex ante suam Decessionem regni Successorem elegerat , a totius Angliae primatibus ad regale culmen electhus est . Simeon of Durham o hath the same words . Harold , whom the King had chosen his Successor before his Decease , was elected to the Royal Dignity by the chief Men of England . Here we see how the Election was bound and limited by the Nomination of the Successor by the Predecessor . These are the words of Florence of Worcester , and such as follow him . Which notwithstanding , he certainly was a plain Usurper according to p Ingulph of Croyland , and Aifred Abbas Rieval . and Henry of Huntington before noted , the Donation of Edward being a meer pretence . From Egbert the first Saxon Monarch , to Ethelred the last Saxon King , by Right of Blood , for the space of two hundred and sixteen Years , we read not of many Elections : and where we do meet them , they are bound and limited by Proximity of Blood , or Nomination of the Successor by the Predecessor : And where the word Election , or any thing in that Sense is used , it signifies only a Recognition and Submission . The Saxon Expression concerning Succession and the Successor is always the same . FENG to RICE , variously turned by Translators , Regnum capessit in the Saxon Chronology , which renders it verbatim ; by others , Successit , electus est , &c. He took Possession of the Kingdom , He succeeded , He was chosen , &c. The Danish Kings stayed not long here after Swane had conquered the Kingdom ; they all four reigned not much above twenty five Years , their best Title was the Sword : notwithstanding , they either brought hither the Custom of the Predecessor naming or giving the Kingdom to his Successor , as probably it might have been practised in their own Kingdoms ; or used it as they found it here practised by the Saxon Kings . The Saxons were very weary of the Danish Government , and without doubt , very forward to set up a King of their own Nation ; yet the Donation of Harde-Cnute was as great a step for Edward the Consessor to the Throne , as the Power and Policy of Earl Godwin and Livingus the Bishop of Worcester . Ingulph , Secretary to William when Duke of Normandy , reports the Donation of England to him very confidently , and as if in those times such Gifts were not much questioned : Anno eodem Rex Edward senio jam gravatus , cernens Clisonis Edwardi nuper defuncti filium Edgarum Regio so lio minus idoneum tarn corde quam corpore Godwini que Comitis multam malamque sobolem , quotidie super terram crescere , ad cognatum suum Willielmum Comitem Normaniae animum apposuit , &c. eum sibi succedere in Regnum Angliae : voce stabili savivit : In the same Year , King Edward grown infirm witli Age , perceiving Edgar , the Son of the late deceased Edward Aetheling , neither in Mind or Body fit for the Government , nor to bear up against the growing Power and Malice of Godwin's Sons ; thought upon his Cousin William , Earl of Normandy ; and by a firm Declaration decreed he should succeed him in the Kingdom . Norman Succession . FRom what hath been said , the Pretences and Causes of William , Duke of Normandy , his succeeding Edward the Confessor , and enjoying the Crown of England , are very evident ; as also , are the same to his Dukedom . q He was the only Son of his Father Robert ; who going on Pilgrimage to Jerusalem , called together the Noble-men of his Dukedom , and brought his Son William , though Illegitimate , before them , and earnestly exacted of them , that in his stead they would chuse him their Lord : who , though but a Child , they forthwith , according to the Decree of the Duke , acknowledged him for their Prince and Lord , swearing Fealty unto him . r Robertum ergo Archiepiscopum cum optimatibus suis Duc atus accersivit , & illis velle se appetere Jerosolimitanam pergrinationem manifestavit , exponens autem eis Willielmus filium suum , quem unicum apud Falesiam genuerat ab iis attentissime exigebat , ut hinc sibi loco sui dum eligerent , Qui licet sub tenerrima detineretur oetati puerili juxta Decretum Ducis protinus cum prompta viracitate collaudavere principem & Dominum , pangentes ti fidelitatem non violandis Sacramentis . And R. Hoveden affirms it to have been the custom in Norway ( from whence the Normans came ) for Bastards to inherit , and that in his time it was so . f Consuetudo Regni Norweiae est usque in hodiernum diem , quod is qui alicujus Regis Norweiae dignoscitur esse filius , licet sit spurius & de ancilla genitus , tantum sibi jus vendicat in Regnum gentitus & ideo fiunt inter eos proelia indesinenter , donec unus eorum vincatur , & interficiatur . And so it happened between the Curators of Duke William in his Nonage , and the Pretenders as Heirs to his Grandfather of the Dutchy of Normandy . The same Right of Succession , as Testamentary Heir to his Father , William Rufus had to the Crown of England . t Metuens Rex ne in Regno tam diffuso repentina oriretur turbatio , epistolam de constituendo Rege fecit Lanfranco Archiepiscopo suoque sigillo signatam tradidit Gulielmo Rufo silio suo , jubens ut in Angliam transfretaret continuo . This was done a little before the Conqueror's v Death : and he did it for that his Son William always stuck close to him , and had in every thing , according to the utmost of his power , been dutiful and obedient . x Rufus brought his Father's Epistle , by which he had constituted him King of England , to Lanfranc Arch-Bishop of Canterbury : who , having read it , hasted with him to London , and consecrated him King in the old Church of St. Peter at Westminster on the y 26th . of September , his Father dying the 9th . of the same Month , z Willielmus Willielmi filius , saith Malmsbury , a patre ultima valetudine decumbente in Successorem adoptatus est , accessit & favori ejus maximum rerum momentum , Archiepiscopus Lansrancus , eo quod eum nutrierat & militem fecerat : quo Authore annitente , Die Sanctorum Cosinae & Damianae Coronatus est . That is , William the Son of Willaim was by his Father , in his last Sickness , adopted his Successor : but it was matter of great moment , and the greatest Addition to his Success , that Arch-Bishop Lanfranc had educated him , and made him a a Knight ; by whose Authority and Endeavour he was Crowned on the day of Cesina and Damianus . Florence of Worcester , who only says that he was consecrated King at Westminster by Arch-Bishop Laufranc , hath noted , that not long atter his Coronation there arose great Discord and Contention between the chief Men of England : for part of the Great and Noble Normans favoured King William , but it was the least ; and the other part of them favoured Robert Duke of Normandy , which was the greatest . Odo , who b mortally hated Lanfranc , headed the Duke's Party , and Lanfranc headed the King's ; who , with the King , c Congregatio quantum ad presens poterat Normanorum , sed tamen maxime Anglorum , equestri & pedestri ( licet mediocri ) exercitu , &c. Having raised such an Army as he could of Horse and Foot of Normans , but the grratest part English ; ( though but a mean one ) and by using the common Bait of Liberty , declaring he would relax the rigid Laws , give free leave of Hunting , &c. Also by insinuating into Roger Earl of Arundel and Shrewsbury , the chief Person for the Duke , next unto Odo Bishop of Baieux and Earl of Kent , brought him off to his Party . By these means he brake the Force of his Enemies , and ever after ruled by an Army . More of this story may be seen in Eadmer . Ord. Vit. f. 666. &c. Florence of Worcester , and Malmsbury , in the places before cited , who all lived at the time . Here we see Rufus claimed as Testamentary Heir , and by reason of that Claim was advanced to the Throne , by the Assistance of Lanfranc's and the Bishops Faction , who then swayed the People , and ruled by the help of an Army ever after . Whoever rightly considers this story , cannot call it an Election . After the death of Rufus , Florence of Worcester only says , that Henry , his third Brother succeeded him ; and that the day he was crowned by Maurice Bishop of London , he gave great Liberties to the Church and Kingdom ; and commanded that King Edward's Laws should be observed , with such Amendments as his Father had amended them . And further says d that very many great Men sent for Duke Robert over , and promised him the Crown and Kingdom : and coming , they did some of them adhere to him , and e others , dissembling their Kindness and Affection , stayed with King William until they had an opportunity of shewing it . But the Bishops , the Common Soldiers and English ( stuck close to King Henry ; by whose means he raised a very great Army , and were ready to fight for him ; when they came to an Agreement by the Mediation of the wise Men of both Parties . Eadmer tells us that most of the great Men either did , or were ready to revolt from King Henry ; but Anselm Arch-Bishop of Canterbury , who had given him great Assistance in raising his Army , upon great Promises made , that all the Church-Affairs should be left to his direction and disposing , and that he would for ever after obey the Decrees and Commands of the Pope , procured the great Men to assemble ; and then so wheedled and cajoled them and their Army , that he altered theit Intentions : And it was from his Fidelity and Industry that Henry lost not the Kingdom . This King Henry was a plain right down Usurper , he had no pretence of Donation , no Testamentary Right from his Father ; and therefore , as a Malmsbury shews us more particularly , he was advanced by a Faction ; there being only five great Men , Robert Fitz-Haymon , Richard de Redvers , Roger Bigot , Henry Earl of Warwick , and Robert Earl of Mellent , his Brother ; all Normans that favoured him : and by the contrivance of Henry Earl of Warwick he was elected King. All others sent privately to Duke Robert to come and be their King , or openly reproached Henry . This was an excellent Election made by a Faction and an Army , and perhaps with a bawling multitude after them ; and indeed , there could be no other Election than such an one as this , for Rufus was slain in New Forest on the 2d . of August , being Thursday ; and Henry was Crowned on the 5th . of August , being Sunday : So that it was impossible for all that were or ought to be concerned in such an Election , all the Kingdom over to have notice , meet and dispatch that Business in two days time . These Historians lived at the very time these things were done . It is true he says in his own Charter , b That he was Crowned King by the Common Council of the Barons of England . Sciatis me misericordia Dei , & Communi Concilio Baronum Regni Angliae ejusdem Regni Regem Coronatum esse . And he must say this , or nothing ; for no other Pretence or Title he could have ; and there never was any other Usurper in his Circumstances , but must say so , or some other thing , to make out a Title . King Stephen , in his Charter of Liberties , says , He was elected , A Clero & Populo . King John , in his Charter of Fees of the Seal , affirmed himself right Heir to the Crown , when Arthur Duke of Britain , and his Sister Eleanor , Son and Daughter to his Elder Brother Jeffrey , were then living : and they were both vain Affirmations , as will appear in their several stories . Some later Historians than these , as c Matthew Paris , who wrote above an hundred Years after them . Mat. Westminster , and Hen. de Knighton , and Brompton , who wrote at least two hundred and fifty Years after them ; all say he was elected : But only Knighton , amongst them all , tells us the most considerable reason why Robert , his elder Brother , was rejected , c Robertus , says he , semper contrarius & adeo innaturalis extiterat Baronibus Regni Angliae , quod plenario consensu & consilio totius Communitatis Regni IMPOSUERUNT EI ILLEGITIMITATEM , QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS , UNDE UNANIMI assensu suo ipsum refutaverunt , & pro rege omnino recusaverunt & Hen. frem . in Regem erexerunt . Robert was always averse , and so harsh to the Barons of England , that they , by full Consent and Advice , voted him Illegitimate , because he was not begotten lawfully by William the Conqueror ; and for that reason , by unanimous Assent , they refused him , and set up Henry his Brother to be their King. From this Passage of Knighton , we see the Community , or Baronage of all England fixed the Right of Succession in the Legitimate Right of Blood ; and therefore this King , his two elder Brothers being dead without Issue , desired to secure the Succession unto his Lawful Issue by Right of Blood. To that end , d all Freemen of England and Normandy , of what Order and Dignity soever , and of whatsoever Lord they held , or were Fendataries to , were forced to do Homage and swear Fealty to his Son William , then but twelve Years old . And in the a twenty seventh of his Reign , he caused all the great Men of England ( after the death of his Sons , William and Richard ) to recognize Maud the Empress , his Daughter , Queen ; to whom the b only Lawful Succession was due from her Grandfather , Uncle and Father that were Kings ; and from her Mother many Generations . In the thirty first of King Henry , c he and his Daughter coming into England , at a great Meeting of the Nobility , or Parliament , at Northampton , those which before had sworn Fealty renewed their Oaths to her ; and those which had not done it before , then did it . Paris tells us that the Clergy , and Great or Noble Men made Conditions with Henry ; who promised them what is before related : and in that gave them satisfaction . But as all Usurpers ever did , so he changed his Mind ; and his Canting Speech had no other effects than to enslave them : d ] for with a seared and cahterized Conscience he had obtained the Kingdom , and usurped upon his Brother Robert , who had manifest Right ; e impudently violating the Laws , and Promises by which he had drawn in all Men to serve him : and afterward , taking him Prisoner , caused his Eyes to be f pulled out , and kept him in Prison g twenty four Years , until he died . h King Henry having thus provided for the Security of his Daughter Maud , being asked in his Sickness by Robert Duke of Gloucester , and the Noble Men that then were with him , about a Successor . Filiae i omnem terram suam citra & ultra mate , Legitima & perenni successione adjucavit : Adjudged his Daughter his Lawful Successor in all his Territories . k Radulphus de Diceto , Dean of Saint Paul's , who died , Anno Dom. 1210. says , that Hath Bigot , Steward of the King's Houshold made speed out of Normandy ( where the King died ) into England , and made Oath before the Arch-Bishop of Canterbury , that King Henry upon his Death-bed , upon some differences which happened between him and his Daughter the Empress , did dis-inherit her , and made Stephen Earl of Boloign his Heir . Whereupon William Arch-Bishop of Canterbury giving too much credit to the words of the Steward , consecratcd Stephen Earl of Mortaigne King at Westminster . If this story be true , he was Testamentary Heir , and had a Testamentary Right ; and in that Right he was made King : But be this story true or false , his Advancement to the Throne was as followeth . Notwithstanding , all the Nobility , and amongst them , King Stephen himself , had sworn Fealty to Maud the Empress ; yet by the Interest . of his Brother l Henry Bishop of Winchester , and the Pope's Legat ( without which he could have done nothing ) he was made King : he brought off Roger Bishop of Salisbury , a great and powerful Prelate ; also William de Pout-Arch , Keeper of King Henry's Treasure , which was m 100000 l. in Money . And by his own Dexterity , the Artifice of his Brother , and Roger Bishop of Salisbury , and the advantage of this Money , he inclined the minds of the Noble Men much towards him , and to secure himself raised an Army mostly of Flemings and Britains . At his n Coronation were only three Bishops , the Arch-Bishop of Canterbury , the Bishops of Winchester and Salisbury , no Abbots , and few Noble-men . I think this looks not like an Election ; yet he in his Charter of Liberties , which he chiefly granted to the Church , says , he was elected by the Assent of the Clergy and Laity , and confirmed by the Pope . Afterwards , Stephen using the Bishops roughly , lost his Brother Henry's favour ; who , by his Legantine Power , b called a Council of the Clergy at Winchester , to consult of the Peace of the Kingdom : Where they conclude , that the Right of chusing and ordaining Kings chiefly belonged to them . And therefore , having first called upon God , they chose Maud the Empress Queen , c Ad Cleri ius potissimum spectat principem eligere & ordinare , invocata itaque in auxilium Divinitate , filiam Regis , in Angliae Normanni aeque Dominam eligimus , &c. But not long after , d being displeased with Maud , he entred into a Confederacy against her ; and , e as Legat , called another Council at Westminister , in which was read the Pope's Bull in favour of Stephen ; who was then advanced to the Throne again . And the Kingdom being wasted and destroyed with continual Wars , f the Arch-Bishop , this Legat and the Bishops mediate a Peace between Stephen and Henry Duke of Anjou , Son to the Empress : by which it was agreed , that Stephen should adopt Henry his Son , who , after his death , should enjoy the Crown , and Stephen quietly to wear it during his Life , &c. Which Agreement is most fully and clearly related by Matthew of Westminister : g Rex Stephanus omni horede viduatus praeter solummodo Ducem Henricum , recognovit in Conventu Episcoporum & aliorum de Regno optimatum , quod Dux Henricus ; jus haereditarium in Regnum Angliae : habebat , & Dux benigne concessit , ut Rex Stephanus tota vita sua suum Regnum pacifice possideret . Ita tamen confirmatum est , quod ipse Rex & Episcopi tunc praesentes cum caeteris Regni optimatibus jurarent , quod Dux Henricus post mortem Regis , si illum superviverct Regnum sine aliqua contradictione obtineret : that is , King Stephen not having an Heir , except only Duke Henry , did acknowledge in an Assembly of the Bishops and other Chief Men of the Kingdom , That Duke Henry had the Hereditary Right to the Kingdom of England ; and the Duke kindly granted that King Stephen should , during his life , peaceably enjoy his Kingdom . The Agreement was so confirmed , that the King himself , and the Bishops then present , with the rest of the best Men of the Kingdom sware , that Duke Henry , after the death of the King , if he should out-live him , should enjoy the Kingdom without all contradiction . This Accord afforded Quiet and Tranquillity both to Henry and the Nation , with certain Confidence of enjoying the Kingdom after the death of Stephen ; which he did . But as to his Right and Title , it added nothing to that , it being Hereditary : for he was acknowledged the true Heir by his Adversary Stephen , in the presence of the Bishops , and the best Men of the Kingdom : who all likewise acknowledged it by owning the Accord , and swearing to observe it . On the h 24th . of October , the Year following , King Stephen died , and on the 19th . of December following , Henry was Crowned at Westminster by Theobald Arch-Bishop of Canterbury . And Maud the Empress , being satisfied with the Enthroning of her Son , quitted her Pretensions . King Henry the Second dying in France , July 7. 1189 , i his eldest Son and Heir , Richard , was by Walter Arch-Bishop of Roven , girt with the Sword of the Dukedom of Normandy , on the 20th . of the same Month , in the presence of the Bishops , Earls and Barons of Normandy . And before his coming into England , k every Free-man of the whole Kingdom , by the Command of his Mother Alienor , sware Fealty to Richard , King of England , Son of King Henry , as to their Liege Lord , against all Men. Afterwards , l coming to London , Congregatis ibi Archiepiscopis , Episcopis , Comitibus , Baronibus , & copiosa Militum multitudine in occursum ejus , quorum Consilio & assensu ipse Dux 3. Nonas Septembris , Consecratus & Coronatus est apud Westmonasterium in Regem Angliae : a Baldwino Cantuariensi Archiepiscopo , &c. The Arch-Bishops , Bishops , Earls , Barons , and a copious multitude of Knights met him : by whose Advice and Assent , the m Duke was Crowned King of England by Baldwin Arch-Bishop of Canterbury , many other Bishops there named assisting . Et omnibus fere Abbatibus , & Prioribus , & Comitibus , & Baronibus Angliae astantibus . Almost all the Abbots , Priors , Earls and Barons of England being Spectators . Ralph de Diceto , then Dean of St. Paul's , London , who , in the Vacancy of that Church and Bishoprick , n supplied the Office of the Bishop at King Richard's Coronation , hath this passage , Comes itaque Pictavorum Richardus HAEREDITARIO JURE PRAEMOVENDUS in Ragem , post tam Cleri , quam Populi solemnem & debitam Electionem involutus est triplici Sacramento , &c. Therefore Richard , Earl of Poictou , being by Hereditary Right to be made King , after the solemn and due Election , as well of the Clergy as the Laity , sware to three things . o Scilicet , Quod opem impendet pro viribus , ut Ecclesia Dei populusque Christianus veram pacem obtinent , quod interdicet omnibus Rapacitatem , quod in judiciis equitatem praecipiet & misericordiam . That is to say , That he would use his utmost power , that the Church of God , and Christian People might enjoy true Peace : That he would interdict Rapine to all Men : That he would command Mercy and Equity to be done in Judgments . What can this solemn and due Election signifie here ? what can it mean further , than that Richard being King by Hereditary Right , was so owned and recognized by the Clergy and Laity ? John , in his Brother Richard's Life-time , had a mind to be King ; and taking advantage or his Absence in the Holy Land , and his Imprisonment in Germany , practised with the Nobility and Londoners to that purpose . The last sware faithful Service to their Lord , King Richard , and to his Heirs ; and if he should die without Issue , Vt reciperent Comitem Johannem fratrem Richardi Regis in Regem & Dominum . That they would receive Earl John , the Brother of King Richard , for their King and Lord : and swore Fealty to him against all Men , saving their Fealty to his Brother King Richard. Two Years afterward , confederating with the King of France against his Brother , and being assisted by him , he returned into England , and brought many Strangers with him : and coming to London , demanded the Kingdom of the Arch-Bishop of Roven , who was then Justiciary , and the other Justiciaries of England , & Fidelitates Hominum Angliae ; affirming the King of England , his Brother , was dead . But not believing him , they and the other great Men of the Kingdom rejected him . Then , swelling with Fury , he fortified his Castles and places of Strength , and seized the Crown-Lands . Many came in unto him ; but being deceived , they were punished according to their deserts . And for these and other q Treasons committed the Year following ; as combining with the King of France , and offering great Sums of Money to the Emperor to keep King Richard in Prison , and making new r Disturbances in the Nation . ſ Per Commune Consilium Regni Definitum est quod Comes Johannes dissaifiretur de omnibus Tenementis suis in Anglia . By the Common Council of the Kingdom it was decreed he should be disseized of all he held of the King in England . And presently all his t Castles were besieged and taken from him . Yet for all this , the next Year King Richard v pardoned his Brother John , and restored to him the Earldom of Moreton , or Mortaigne , the Honour of Eye , and Earldom of Glocester , except the Castles ; and for his other Earldoms and Lands , allowed him Yearly eight thousand Pounds of Anjou-Money . And in the last Year of his Reign , x Cum Rex de vita desperaret , divisit Johanni fratri suo Regnum Angliae , & omnes alias terras suas , & fecit fieri praedicto Johanni fidelitates ab illis qui aderant , & praecepit ut traderentur ei Castella sua & tres partes Thesauris sui . When the King despaired of Life , he devised to his Brother John the Kingdom of England , and all other his Lands , and made all present swear Fealty to him , and commanded that his Castles and three parts of his Treasure should be delivered to him . Richard being dead , y John stayed in Normandy ( where , by Walter Arch-Bishop of Roven , he was girt with the Sword of that Dutchy , April 25. on St. Mark 's Day ) and sent Hubert Arch-Bishop of Canterbury , and the Pope's Legat , and William Marshal Earl of Strigvil , into England , to keep the Peace ; together with Jeffrey Fitz-Peter , Justitiary of England , and other Barons of the Kingdom . z Qui fecerunt homines regni tam de Civitatibus quem de Burgis , & Comites , & Barones , & libere tenentes jurare fidelitatem & pacem Johanni Normannorum Duci filii Henrici Regis , filii Matildis Imperatricis contra omnes homines . Who made the a Homagers of England , as well of Cities as Burroughs , and Earls , Barons , and free Tenants , to swear Fealty and Peace to John Duke of Normandy , the Son of King Henry , the Son of Maud the Empress , against all Men. b Notwithstanding this , all the Bishops , Earls and Barons which had Castles , Manned , Victualled and stored them with Arms. But Hubert the Arch-Bishops , William Marshal and Jeffrey Fitz-Peter , Justiciary of England . met at Northampton , and called before them those which they most doubted : David , Brother to the King of Scots ; Richard Earl of Clare , Ranulph Earl of Chester , William Earl of Tutesbury , and Walran Earl of Warwick , Roger Constable of Chester , William de Mowbray , and many other Earls and Barons ; to whom they promised and engaged , that John Duke of Normandy should restore to every Man his Right , if they would keep Faith and Peace with him : c Súb hac igitur Conventione supradicti Comites , &c. According to this Agreement , the said Earls and Barons swore Fealty and faithful Service to John Duke of Normandy , against all Men. This was done while he was in Normandy . d On the 25th of May following , Duke John crossed the Seas from Normandy into England , and the next day came to London ; and there were convened in Expectation of him , Hubert Arch-Bishop of Canterbury , John Arch-Bishop of Dublin , William Bishop of London , Gilbert of Rochester , John of Norwich , Hugh of Lincoln , Eustace of Ely , Godfrid of Winchester , Henry of Exeter , Sefrid of Chichester , Jeffrey of Coventry , Savaric of Bath , Herbert of Salisbury , Philip of Durham , Roger of St. Andrews in Scotland , Henry of Landaff , Bishops : Robert Earl of Leicester , Richard Earl of Glare , William of Tutesbury , Hamelin de Warenn , William of Salisbury , William de Strigvil , Walran of Warwick , Roger Bigot ; William de Arundell , Ranulph de Cestre , Earls : and many Barons . And then Hubert Arch-Bishop of Canterbury Consecrated and Crowned the said John Duke of Normandy , King of England , in the Church of St. Peter at Westminster , on the 27th . of May , being Ascension Day . Not one word here of any Election by , but only a Submission from the Barons Spiritual and Temporal , to King John ; and a Recognition that he was their King. And all this related by Hoveden , in all probability an Eye-witness of this Translation . Indeed Matthew Paris , who died Anno Dom. 1259. was then either unborn , or so young as not with Judgment to take sufficient notice of this Affair , relates it thus ; e Congregatis in adventu ejus Archiepiscopis , Episcopis , Comitibus & Baronibus , atque aliis omnibus , qui ejus Coronationi interesse debuerant ; Archiepiscopus stans in medio omnium , dixit , audite universi , noverit discretio vestra , quod nullus proevia ratione alii succedere habet Regnum , nisi ab universitate Regni unanimiter invocata Spiritus Gratia electus , & secundum morum suorum eminentiam praeelectus , ad exemplum & fimilitudinis Saul primi Regis inuncti , quem praeposuit Dominus populo suo , non Regis filium , nec de Regali stirpe procreatum , similiter post eum David Jesse silium : Hunc quia strenuum , & aptum Dignitati Regiae ; illum quia sanctum & humilem , ut sic qui cunctos in regno supereminet strenuitate , omnibus praefit , & potestate & regimine , verum si quis ex stirpe Regis defuncti aliis prepolleret , pronius & promptius , in electionem ejus est consentiendum . Haec idcirco diximus , pro inclyto Comite Johanne , qui praesens est , frater illustrissimi nameri Richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus & strenuus & manifeste nobilis , quem nos , invocata Spiritus Sancti Gratia , ratione tam meritorum , quom Sanguinis Regii , unanimiter elegimus universi , f nec ausi erant alii super his adhuc ambigere , scientes quod Archiepiscopus sine causa , hoc non sic diffiniverat , verum Comes Johannes & omnes hoc acceptabant , ipsumque Comitem in Regem eligentes & assumentes exclamant , dicentes , vivat Rex ; Interrogatus autem postea Archiepiscopus Hubertus , quare haec dixisset , respondet ve praesagia mente conjecturare , & quibusdam Oraculis Edoctum & Certificatum fuisse , quod ipse Johannes Regnum & Coronam Angliae foret aliquando corrupturus , & in magnam confusionem praecipitaturus , & , ne haberet liberas habenas hoc faciendi , ipsum electione , non successione haereditaria , Elegi debere affirmabat . That is , The Arch-Bishops , Bishops , Earls and Barons , and all others ( Officers probably required to be there ) which ought to be present at his Coronation meeting at London . The Arch Bishop standing in the middle of them , said , Hear all of you , your Discretion shall know , that no Man hath Right to succeed in the Kingdom , unless , after seeking God , he be unanimously chosen by the University of the Kingdom , ( that is , those that are here said to meet at London . ) And according to the Eminency of his Endowments , pre-elected , according the Example and Similitude of Saul , the first anointed King , whom God set over his People ; not the Son of a King , or of the Royal Line . likewise after him , David ; the Son of Jesse . This because stout and fit for Royal Dignity : the other because holy and humble . That so he which exceeded all Men of the Kingdom in Strength or Prowess , should be set over all in Power and Government . but if an of the Progeny of the dead King did excell others , they ought more readily to consent to the Election of him . These things we have therefore said in the behalf of the famous Earl John , who is here present , the Brother of our most illustrious dead King Richard , that died without Issue of his Body ; who is Provident , Stout , and manifestly Noble , whom we , having invoked the Grace of the Holy Spirit , have all of us unanimously chosen . Nor dare any others so much as doubt of these things , knowing the Arch-Bishop had not thus decreed this Matter without Cause . But Earl John and all there acquiesced in what he had said ; and chusing or acknowledging , and receiving him for their King , shouted , saying , Let the King live . But Arch-Bishop Hubert being asked afterward , why he said these things ? answered , that he guessed , and was taught and ascertained by certain Oracles , that John would bring the Kingdom and Crown into great Confusion : And therefore , lest he might have too much Liberty in doing it , he affirmed , he ought to come in by Election , and not by Hereditary Succession : and so was Crowned as before rehearsed . This Learned Doctrine and Preachment of the Arch-Bishop asserts not any Right of Election in the Convention of Bishops , Earls , Barons , and others required to be at the Coronation ; but by his own Answer , when he was asked why he said these things , it clearly discovers a Design only and Artifice in the Arch-Bishop , to cause them to set up , and make John King : In which also he denies any such Right of Election . Hoveden hath none of , nor doth mention this Harangue ; and therefore it seems rather to be an invention of Matthew Paris , than a Sermon of the Arch-Bishop . Historians commonly make Speeches for other Men they write of Brompton takes no notice of it ; all he says is , that g Johannes Lundoniam veniens in Festo ascensionis Domini , VI. Kalend ▪ Junii , Anno Dom. 1199. ab Huberto Contuariensi Archiepiscopo in Ecclesia B. Petri Westmonasterii inungitur & in Regem Angliae coronatur , assistente Prelatorum , Comitum , Baronum , & aliorum Nobilium multitudine infinita . John coming to London on Ascension-Day , the 27th of June , 1199. was Anointed and Crowned king of England By Hubert Arch-Bishop of Canterbury , in St. Peter's Church in Westminster , an infinite multitude of Bishops , Earls , Barons , and other Noble men assisting him . Not one word here , or in Hovedon , or Paris , of the ordinary People . And this Doctrine of the Arch-Bishop concerning the Election of Kings , if meant according to the Modern Understanding of it , was then new ; for Gervase , a Monk of Canterbury , in the Year , 1122. speaking of the Coronation of Henry the First , says , It was manifest , and known almost to all Men , than the Kings of England were only obliged and bound to God for the Possession of the Kingdom , and to the Church of Canterbury for their Coronation . h Manifestum est autem & omnibus sere notur , Reges Angliae soli Deo obligari , & teneri exipsius regni adeptione , & ECclesiae Canturiensi ex Coronatione . King John doth say in a i Charter dated the first Year of his Reign , that he came to the Crown , Jure haereditario & mediante tam Cleriquam populi unanimi consensu & favore : By Right of Inheritance , and by unanimous Consent and Favour , as well of the Clergy as Laity . This unanimous Consent of the Clergy and Laity was rather their Acknowledgment and Submission than any thing , else : for , according to Hoveden's Relation of his coming to the Crown , which is the most exact extant , They submitted and swore Fealty to him against all Men before he came into England some time before his Coronation . Nor could it be true that he had an Hereditary Right ; for Arthur Duke of Britain , Son and Heir to his elder Brother Jeffrey , and his Sister Eleanor , was then living : unless ho had regard to the Donation of his brother Richard , and so esteemed himself a Testamentary Heir . After the death of King John , Henry the Third , his eldest Son , and Heir , by the Assistance of the Loyal Barons , was Crowned King , notwithstanding the Barons which had made War against King John , when they were reduced to great Streights , k called out of France , Lewes , the King's Son ; to whom l they , with the Londoners , sware Fealty , and advanced him to the Throne , and adhered to him against their own Prince ; m until by Force they were reduced , and he driven out of the Kingdom . This Treasonable calling in of Lewes some that are pertinacious in the fancy of Election , will have it to be one . n Indeed King Henry the Third at this time had no good Hereditary Title ; and therefore , Johannes ex hac vita transmigravit , Henricum primogenitum suum regni constituens haeredem . And this Donation of his Father , or his making him his Heir , was his best Title ; for until that Eleanor , the Daughter of his Uncle Jeffrey , died , in the twenty fifth Year of his Reign , he was not true Heir by Right of Blood. Obiit Eleanora ( saith Matthew Paris ) filia Galfridi Comitis Britanniae : in clausura diuturna carceris sub arcta custodia reservata , fol. 574. n. 40. 25 H. 3. Anno Dom. 1241. To Henry the Third succeeded his eldest Son Edward the First , though the Lancastrians said his second Son Edmund , commonly called Crouch-Back , was the eldest , and laid aside for his deformity ; on whose Person was originally founded the great Contention between the two Royal Houses of York and Lancaster . But that he was really the eldest there can be no pretence , however the Lancastrians imposed upon the People . For Edward was born o June 16. 1239. and Edmund upon the p 16th . of January , 1245. being Marcellus his Day , six Years after . Edward , by that time he was a Year old , was acknowledged the First-born of his Father , his Brother Edmund not then born . q Per idem tempus Rex Cives Londinenses , & quinque portuum custodes , & multos alios fecit jurare fidelitatem , & ligantiam Edwardo primogenito suo . In the Letter from the Loyal , to the Rebellious Barons , he is styled the First-born of King Henry . r Richardus Dei gratia Rex Romanorum semper Augustus , & Edwardus illustris Regis Angliae primogenitus , &c. And very frequently Matthew Paris , who lived at this time , and was Historiographer to his Father , calls him his First-born . So that there can be no doubt in History that he was the eldest Son ; for King Henry the Third had only these two Sons , Edward and Edmund . After the death of Edward the First , his Son Edward the Second succeeded him ; and , as Men of purely Commonwealth-Principles tell us , he degenerating from so great a Father , the People grew weary of his Irregular Arbitrary Government ; deposed him , and chose Edward his Son to reign in his stead . A plain Argument , say they , of the Peoples Power in chusing their Kings , aud of limiting and binding the Succession . But whoever reads this story , will not find the ordinary People had much , if any thing to do in this matter , further than as they were excited to Tumults and Railing at the Government , by many of the Popular Bishops and Barons ; for they always have been , and ever will be , Instruments of designing Men against the Government , if by remissness thereof , and easiness of Governors , they be permitted . This King was deposed and murdered by a wicked Confederacy and Rebellion of many Bishops and Barons . And there is nothing to justifie this Rebellion , Deposition and Murther , in which our Anti-Monarchical Men instance so often as an Example to be followed , but the meer doing of it : And if a fact be therefore lawful , only because it is done , we have no need of Laws , Lawyers , or Officers of Justice , to maintain , plead for , or defend it . The truth is , this King was not of so brisk a temper as his Father , nor endowed with so much Courage : he was more soft and easie , and used too great and unseasonable Indulgence to such as he permitted to guide his Affairs , and the Affairs of the Kingdom in his Name . From hence many Rebellious Barons , under pretence of the f Honour of God and Holy Church , the Honour of the King and Realm , made Confederations to remove evil Counsellors , reform the Court , and to force the King to let them name all Judges , the Chancellor , Treasurer , and other great Officers in Court , Gascoigne , Ireland and Scotland . Thomas Duke of Lancaster , one of those Commissioners and Ordainers , was always the Head of these Confederacies , t who pretended great Affection to the King , to the common profit of the Realm , and great care to see these Ordinances , cited in the Margin , maintained in all points , and many things amended in the King's Houshold , Court and Realm . At length this great Earl of Lancaster v behaved himself very indecently towards the KIng , and used him with much Scorn and Contempt ; until at last , in the fifteenth of his Reign , he and many of his Confederates brake out into open Rebellion , at Burton upon Trent ; and flying before the King's Army Northward , was , with many others , taken at Burrough-Bridge in York-shire : and being tried by his Peers , was adjudged to be Hanged , Drawn and Quartered : which Sentence was pardoned by the King , and he was only beheaded . The like Sentence had Warren de Insula , William Toket , Thomas Maudut ; Henry de Bradborn , William Fitz-William , and William Cheyne , the Lord Roger Clifford , the Lord John de Mounbray , the Lord Henry Tyes , the Lord Bartholomew de Badlesmere , & Joscelin de Invilla ; most of them Barons . Propter Roberias & Felonias & resistentiam quam fecerunt contra Regem ad villam de Burton , Occidentes Regis familiares , & Regis transitum prohibentes , & partem villae praedictae comburentes , &c. For Robberies and Felonies , and the Resistance they made against the King at the Town of Burton ; killing the King's Friends and Servants , and burning part of the Town upon their Retreat . The Ordinances before-mentioned , in number forty one , were revoked , and the Confederations and Tumultuous Barons and their Actions consured , in a x Parliament holden at York , 15 Ed. 2. The Ordinances were revoked upon Examination of them before the Prelates , Earls , Barons , ( amongst which were all the Ordiners then alive ) and the Commons of the Realm : For that , by the things which were ordained , The King 's Royal Power was restrained in many things , against the due Greatness of his Seigniory Royal , and contrary to the State of the Crown . And also , for that in times past , by such Ordinances and y Provisions made by Subjects over the Power Royal of the Ancestors of the Lord the King , Troubles and Wars came upon the Realm , by which the Nation was in danger . and it was accorded and established in the said Parliament , by the Lord the King , and by the said Prelates , Earls and Barons , and all the Commonalty of the Realm at that Parliament assembled ; That all those things by the Ordiners ordained , and contained in the said Ordinances from henceforth , for the time to come , should cease ; and lose their Force , Vertue and Effect for euer . And that from hence forward , in no time , no manner of Ordinances or Provisions made by the Subjects of the Lord the King , or his Heirs , by any Power or Commission whatsoever , over and upon the Power Royal of the said Lord the King , or his Heirs , or against the State of the Crown , shall be of no value or force . But the things which shall be established for the Estate of the King and his Heirs , and for the Estate of the Realm and People , may be treated , accorded and established in Parliament , by the King , and by the Assent of the Prelates , Earls , Barons , and Communalty of the Realm . Roger de Mortuo-Mari , Lord of Wigmore , z submitted himself to the King , which much weakned the Barons Forces before the Engagement at Burton , and was sent to the Tower of London ; from whence he made his Escape after two Years Imprisonment , in the seventeenth of this King's Reign , and went over Sea to the King of France ; who at this time required the King of England to do him a Homage for Gascoygn and other Territories he held of him in France . But he delaying to do it , and excusing himself by b Messengers , who prevailed not , the King of France , with an c Army , seized Gascoign , and the County of Pontheu : yet by the means of Edmund of Woodstock , the King's Brother , and other English Noble-men then in France , a Truce was made with the King of France for a certain time , until a Peace might be treated of . d The Year following , the Bishops of Winchester and Norwich , with John de Britannia Earl of Richmond , were employed to that purpose : and after much desceptation about it , they received a Form of Peace from the King of France . And at length the e Queen , by Advice given by the Bishops and Great Men to the King , was sent to her Brother , the King of France , for making up , and Confirmation of the Peace . f and it was accorded , that King Edward should give the Prince , his Son , the Dutchy of Aquitain and County of Pontheu , that he should go over into France , and do Homage for them ; which he did accordingly . But the Prince being in France with his Mother , she had no mind to return . g The King sent divers Letters to his Son Edward , and his Queen Isabel ; expostulating the Cause of their stay in France against his Will , and the Confederation they made there with Roger Mortimer , his Enemy and Rebel , and others . Walsingham says , h Some affirmed she stayed there against her Will Alii voro asserebant quod voluntarie propter nimiam familiaritatem tunc contractam inter Reginam & Rogerum de Mortuo-mari si●● quo & aliis Nobilibus de Anglia profugatis nolluit dicta Regina redire , & maxime in odium dispensatorum . But others affirmed she stayed voluntarily , by reason of the too great Familiarity she had contracted with Earl Roger Mortimer , i without whose Advice she did nothing ; and without whom , and the other Noble-men that had fled out of England , she would not return ; and especially for the Hatred she bare towards the Spencers ; proud , ambitious , haughty and covetous Men , by whom the King was too much swayed in the Management of his Affairs ; which might give a dissatisfaction to the Nobility , though not warrant their Actions . The next k ] Year , having married the Prince ( not then fourteen Years old ) to the Earl of Hanault's Daughter , who furnished her with Shipping , and two thousand seven hundred and fifty Men , led by his Brother John , she , with Edmund Earl of Kent , and Roger Mortimer Lord of Wigmore , and many other Great Men who had sled out of England , landed at Harwich ; to whom the Earl Marshal , the Earl of Leicester , and other Barons and Knights of those Parts , and almost all the Bishops , did adhere : and proceeding , her Army daily increased ; so as at last she took her Husband , the l King , Prisoner , and put to death both the Spencers ; the Younger without m Hearing or Answering . ' The imprisoned King was carried and removed from place to place , but at last fixed at Berkeley-Castle in Glocester shire , under the Guard of Thomas Berkeley and John Maltravers , who had allowed n an hundred Shillings a Day for his Expences arid Keeping . The Queen never would see him during his Imprisonment . o Regina misit sibi Indumenta delicata , & Literas blandientes , sed tamen ipsum videre nolebat , fingens quod communitas regni non permisit . The Queen sent him gay Cloaths and flattering Letters , but would not see him ; feigning the Community of the Kingdom would not permit her . He was p made Prisoner , November 16. and the Morrow after Twelfth-Day , all the Nobility of the Kingdom being summoned to Parliament , met at London , and judged the King unit to rule , and for several Reasons to be deposed ; and his Son , Prince Edward to be chosen King. q Convenit Londoniis tota Nobilitas regni citata per prius ad Parliamentum tenendum ibidem in crastino Epiphaniae , ubi cuncti censuerunt Regem indignum Diademate , & propter plures Articulos deponendum , & Edvardum filium ejus primogenitum in Regem unanimiter eligendum , quod etiam consequenter factum est . Of which Transaction , when the Queen had notice , she was full of Grief outwardly ( ut for is apparuit ) saith Walsingbam : But the Prince , affected with this outward Passion of his Mother , as young as he was , would not accept of this Title ( whether out of his own Apprehension of things , or by grave and mature Advice , which is most probable . ) Et r Juravit quod invito patre nunquam susciperet coronam Regni : And swore , that without his Father's Consent , he would never take upon him the Crown of the Kingdom . Whereupon , several ſ Messengers being dispatched to the King , then Prisoner at Kenelworth-Castle , who told him what had been done and concluded of , and diligently required him to resign his Royal Dignity and Crown , and permit his Son to reign in his stead . He was much disturbed with the Message ; and said , Since it could be no otherwise , he thanked them for chusing his First-born Son ; making his Resignation , and delivering up the Royal Ensigns , or Tokens of Sovereignty . This done , Edward the Third directs his Writs to the Sheriffs of the several Counties , for preserving and keeping the Peace ; with this Preamble . Rex t Vicecom . Ebor. Salutem . Quia Dominus Edwardus nuper Rex Angliae Pater Noster de Communi Consilio & assensu Praelator . Com. Baron . & alior . Magnat . necnon Communitat . totius Regni praedict . SPONTANEA VOLUNTATE se amovit a Regimine dicti Regni VOLENS & CONCEDENS quod nos tanquam ipsius primogenitus & HAERES ipsius regni qubernationem & regimen assumemus , nosque ipsius patris nostri beneplacito in hac parte de consilio & avisamento Praelator . Com. Baron . Magnat . & Comitat. praedict . annuentes Gubernacula suscepimus dicti regni ; & side litates & Homag . ipsorum Praelator , & Magnat . recepimus ut est moris . Teste Rege apud Westmonas●erium , 29 Jan. The King , to the Sheriff of Tork-shre , Greeting . Because Edward , late King of England , our Father , by Common Council and Assent of Prelates , Earls , Barons , and other Great Men , and also of the Communities of the said Kingdom , of his own Free Will , removed himself from the Government of the said Kingdom : Willing and Granting , that We , as his First-born , and Heir of his Kingdom , should take upon us the Rule and Government . And We yielding to the good Pleasure of our Father , by the Counsel and Advisement of the Prelates . Earls , Barons , Great Men , and Communities aforesaid , have taken upon Us the Government of the said Kingdom , and received the Fealties and Homages of the said Prelates and Great Men according to Custom . Witness , the King , at Westminster , Jan. 29. Nine days after he was invested with Kingship ; and not long after that King Edward the Second was murdered in Berkeley-Castle . Any Man , though but of an indifferent Capacity , that seriously considers the story of this unfortunate Prince , will easily perceive he was deposed by notorious Rebellion , raised by factious Bishops and Tumultuous Barons ; and not without great suspition of an intended Vsurpation by Thomas Earl of Lancaster : and may easily see through the Contrivance of the Queen and Mortimer afterwards : and from thence cannot but judge it to have been a Design of wicked popular Barons , and not the Action , much less the Choice of the People . In the Fourth of Edward the Third , Roger Mortimer , Earl of March , was impeached in Parliament for divers Felonies and Treasons ; for assuming to himself Royal Power , making Dissention between King Edward the Second and his Queen , and for murdering of him , and many other great Treasons : and adjudged to be Drawn and Hanged , and was executed accordingly . And the Earl Marshal was commanded to do the Execution ; and the Mayor , Aldermen and Sheriffs of London , and Constable of the Tower , to guard and assist him . Many of his Accomplices had the same Judgment . In the Fiftieth of Edward the Third , the Parliament do acknowledge Richard the Second to be very Heir to the Crown , as Son to Edward the Black Prince , very Heir to the Crown ; and petition the King ( his Father being dead ) to make him Prince of Wales . Who , after his Grandfather's death , was immediately by all people , the v Londoners especially , acknowledged , owned and addressed to as King ; and not long after x Crowned with great Solemnity . He lived continually in Tumults , and by his Great Uncles his Reign was made uneasie , and at length was deposed and murdered by a Potent Faction . The Author of the Brief History of Succession , fol. 7. recommends to his Readers the thirty three Articles drawn up against Richard the Second , as well deserving to be read ; with hope and design , as easily may be guessed , to make them believe and think he was justly deposed and murdered . But Mr. Hollingshed , a moderate Writer , who hath truly related these Articles , and all the Transactions of his Deposition and Murder , tells us , [ y ] that whatsoever Writers do report , touching the state of the time and doings of this King , yet if he might boldly speak what he thought , He was a Prince the most unthankfully used of his Subjects of any one of whom ye shall lightly read : For , although ( through Frailty of Youth ) he demeaned himself more dissolutely than seemed convenient for his Royal Estate , and made choice of such Counsellors as were not favoured of the People ; whereby he was the less favoured himself . Yet in no King's days were the Commons in greater Wealth , if they could have perceived their happy State. Neither in any other time were the Nobles and Gentlemen more cherished , nor Church-men less wronged . But such was their Ingratitude towards their bountiful and loving Sovereign , that those whom he had chiefly advanced , were readiest to control him , for that they might not rule all things at their Will , and remove from him such as they misliked , and place in their rooms whom they thought good ; and that rather by strong Hand , than by gentle and courteous means : Which stirred such malice betwixt him and them , The chief Instruments in deposing this King were Henry Duke of Lancaster , late Earl of Derby , and Thomas Arundel Arch-Bishop of Canterbury : who assisted by others , reduced the unfortunate King to so great Straits , as he was weary of his Government . They having him in their power , kept him safe in the Tower of London , until a Parliament was called ; which was suddainly done , by directing Writs in the King's a Name to those who of Right ought to be there . All things were prepared for the Resignation of his Crown against the time of the meeting of the Parliament . He b was , by certain Commissioners appointed by it , deposed ; or had rather a Resignation of the Crown extorted from him , though he seemed willing and forward to do it . And then the Duke of Lancaster claimed the Crown in Parliament , and challenged the Realm , c AL 's DESCENDIT BE RYGHT LYNE OF THE BLODE COMEYNGE FRO THE GUDE LORD HENRY THERDE . Postquam quidem d vindicationem & clameum tam Domini Spirituales quam Temporales , & omnes status ibidem praesentes , singillatim & communiter interrogati , quid de illa vindicatione & clameo sentiebant . Iidem status cum toto populo absque quacunque difficultate vel mora , ut Dux praefatus super eos regnaret , unanimitur consenserunt . After which Claim and Challenge , as well the Lords Spiritual as Temporal , and all States there present being severally asked what they thought of that Challenge and Claim , the same States , with all the People , without difficulty or delay , consented the aforesaid Duke should reign over him . And then shewing to the States the e Signet of King Richard , which he gave him , as token of his desire to have him succeed him ; The Arch-Bishop , taking him by the Right Hand , placed him in the Throne . Here we see the Foundation of the Parliament's Consent that Henry should be King , was a pretended Right of Blood , and the desire of King Richard that it might be so . Henry the Fourth was Son to John of Gaunt , Duke of Lancaster , fourth Son to Edward the Third , by Blanch his Wife , Daughter and Heir of Henry Duke of Lancaster , Son of Henry Earl of Lancaster , Brother and Heir to Thomas Earl of Lancaster , eldest Son to Edmund called Crouch-Back the First Earl of Lancaster , Second Son to King Henry the Third . Upon f Consideration had of this Title it was conceived to be insufficient , and that it would pass for a Blind and Pretence only . And therefore king Henry , upon the day of his Coronation , caused to be proclaimed , That he claimed the Kingdom of England ; First , By Right of Conquest . Secondly , Because King Richard had resigned his Estate , and designed him for his Successor . And Lastly , Because he was of the Blood-Royal , and NEXT HEIR MALE UNTO KING RICHARD . In this Claim he takes no notice of any Election by the People , nor doth own the least Right in them to elect him ; but founds his Title upon Conquest , and Proximity of Male-Blood , and Donation of Richard the Second . Henry the Fourth , Fifth and Sixth held the Crown by Vsurpation , without much disturbance , until the thirty ninth Year of Henry the Sixth ; b when Richard Duke of York put in his Claim , as Hein to Philippa , Daughter and Heir to Lionel , the third gotten Son of King Edward the Third ; to whom the Right , Title Dignity Royal , and Estate o the Crowns of the Realms of England , and of France , and of the Lordship and Land of Ireland , of Right , and Law , and Custom appertaineth and belongeth , before any Issue of John of Gaunt , the fourth gotten Son of the same King Edward . The Lords Spiritual and Temporal , the Question being put what they thought of the Duke's Claim , answer , that The Matier was so high , and of such wyght , that it was not to any of the King's Subjects to enter into Communication thereof , without his high Commandment , Agreement and Consent had thereto . The Duke pressing for an Answer , all the Lords went unto the King , and opened the Claim by the Mouth of the Chancellor of England ; and it pleased him to pray and command all the said Lords , that they should search , as much as in them was , to find all such things as might be object , and leyde against the Cleym and Title of the Due . Whereupon , in the Morning , October 18. the Lords sent for the King's Justices to defend his Title , against the Claim of the Duke of York ; and in the King's Name , streightly command them to find all Objections as might he laid against the same , in fortifying of the King's Title . Who , on Monday following , on the 20th of October , answered , that the matter was so high , and touched the King's high Estate and Regalio , which is above the Law , and passed their Learning : Wherefore they durst not enter into any Communication of the same , for that it permined to the Lords of the King's Blode , and th'Apparage of this his Londes and therefore besought all the Lords to have then utterly excused . Then the Lords sent for all the King's Serjeants and Attorney , and gave them streight Commandment in the King's Name , that they sadladly and avisely shuld serch , and take all such things as might be best and strongest to be allegged for the King 's Avail in Objection , and defeating of the Title , and Cleym of the Due . They answered , that if this matter passed the Lerning of the Justices , it must needs exceed their Lerning : and also that they durst not enter into any Communication in that matier : and prayed and besought all the Lords to have them excused by geveing any Avice or Counsell therein . But the Lords would not excuse them : and therefore , by the in Advice and Assistance it was concluded by all the Lords , that the Articles , following should be objected agenst the Clayme and Title of the Duc. First , It is thought that the Lords of this Lond , must needs call to their remembrance the great Oaths the which they have made to the King , the which may be leyd to the said Duc of York ; and that the Lords may not break their Othes . Item , It is thought also , that it is to be called to remembrance the great and notable Acts of Parliament of divers of the King's Progonitors . The which Acts be sufficient and reasonable to be leyd agene the Title of the said Due of York . The which Acts be of much more Authority than eny Chronicle ; and also of Authority to defete eny manner of Title , made to eny Person . Item , It is thought , that there is to be leyd ayent the Title divers Inteyles made to the Heires Mules of Henry the Foureth , as for the Crown of England , as it may appear by divers Chronicles and Parliaments . Item , It is thought , to be allegged the Title of the seid Due , that the tyme that : King Henry the Fourth toke upon him the Corone of England , he said he entered and toke upon him the Corone as right Inheritor to King Henry the Third , and not as a Conqueror . To which Articles the Duke answered , First , That noe Oath being the Lawe of Man , ought to be performed when the same leadeth to suppression of Trueth and Right , which is against the Lawe of God. To the second and third , That in trouth there been noo such Acts and Tayles made by eny Parliament heretofore , as it is furmised , but only in the h seventh yere of King Hen. IV. a certain Act and Ordinance was made in a Parliament by him called , wherein he made the Reaums of Englond and France , amongst other , to be unto him , and to the Hetres of his Body comeing , and to his four Sons , and to the Heires of their Body comeing , in manner and fourme as it apperith in the same Act. And if he might have obteyned and rejoysed the Corones , &c. by Title of Inhaeritance , Discenter , or Succession , He neither needed or would have desired or made thaim to be granted to him in such wyse as be by the said Act , which tacketh noo place , neither is of eny force or effect ayenst him that is right Inhaeriter of the sayd CORONES , as it accordeth with Gods Lawe , and all Natural Lowes ; howe it be that all other Acts and Ordinances made in the seyd Parliament ●●then , been good and sufficient ayenst all other Persons . To the fourth That such seyeing of the King Henry the Fourth may in noe wise be true ; and that the contrary thereof , which is trouth , shall be largely enough shewed , approved and justified by sufficient Autorite , and matter of Record ; and over , that his seyd seying was onely to shadowe and cover fraudulently his seyd unrightwyse and violent Vsurpation , and by that moyen to abuse disceyveably the People standing about him . Upon consideration of this Answer , and Claim of the Duke of York , it was concluded and agreed by all the Lords , That his Title could not be DEFETED ; and therefore for eschuying the great Inconvenients that may ensue , a mean was found to save the Kings Honor and Estate , and to appease the said Due , IF HE WOULD ; which was , That the King should enjoye the Corone during Life , the Duke to be declared the true Heir , and to possess it after his Death &c. In the first Article of this Agreement , or Accord , ( as 't is there called ) the Title of the Duke of York is set forth ; and the Judgment of the Parliament given , what then was , and before had been the Foundation and ground of the Succession to the Crown of England , tint is , Proximity of Blood. The Articles follow , so much of them as is pertinent to this matter . First , Where the seyd Richard Due of Yorke hath declared and opened , as above , his seyd Title and Cleyme in manner as followeth . That the right noble and worthy Prince Herry King of Englond the Third , had Issue and leefully gate Edward his first-begotten Son , born at Westminster the xv Kalend of Juyle , in the Vigil of St. Mart. & Marcellian . the Yere of our Lord M.CC. XXXIX . and Edmund his second goten Son , which was born on Seint Marcell . day , the Yere of our Lord M. CC. XLV . The which Edward , after the death of the seyd King Herry his Fader , entituled and called King Edward the First , had Issue Edward his first-begoten Son , entituled and called after the decease of the seyd first Edward his Fader , King Edward the Second ; which had Issue and leefully gate the ryght Noble and Honourable Prynce Edward the Third , true and undoubted King of Englond , and of France , and Lord of Ireland : Which Edward the Third , true and undoubted King of Englond , and of France , and Lord of Irelond , had Issue and leefully gate Edward his first begotten Son , Prynce of Wales ; William Hatfield , second - begotten ; Leonell ; third-begoten , Duc of Clarence ; John of Gaunt , fourth-begotten , Duc of Lancaster ; Edmund Langley , fifth begoten , Duc of Yorke ; Thomas Woodstock , sixth-begoten , Duc of Gloucester ; and William Wyndesore , the seventh-begotten . The seyd Edward Prynce of Wales , which dyed in the lyfe of the seyd Edward King , had Issue and leefully gate Richard , the which succeeded the same Edward King , his Grandfather , in Royal Dignity , entituled and called king Richard the Second , and dyed without Issue . William Hatfield , the second-goten Son of the seyd Edward King , dyed without Issue . Leonell , the third-goten Son of the same king Edward , had Issue and leefully gate Philippa his oonly Daughter and Heir , which by the Sacrament of Matrymony copled unto Edmund Mortimer Erle of March , had Issue and leefully bare Rogier Mortimer Erle of March , her , Son and Heir : Which Rogier Erle of March had Issue and leefully gate Edmund Erle of Marche , Rogier Mortymer , Anne , and Alianore ; which Edmund , Rogier , and Alianore dyed without Issue . And the seyd Anne , under the Sacrament of Matrymony , copled unto Richard Erle of Cambridge , the Son of the seyd Edmund Langley , fifth-begoten Son of the seyd King Edward , as it is afore specified , had Issue and leefully bare Richard Plantagenet , commonly called Duc of Yorke : The seyd John of Gaunt , the fourth-goten Son of the seyd King Edward , and younger Brother of the seyd Leonell , had Issue and leefully gate Hen. Erle of Derby , which incontinent after the tyme that the seyd King Richard resigned the Corones of the seyd Reaumes , and the seyd Lordship of Ireland , unrightwysely entered upon the same , then being on live Edmund Mortymer Erle of Marche , Son to Rogier Mortymer Erle of March , Son and Heir of the seyd Phelippa , Daughter and Heir of the seyd Sir Leonell , the third Son of the seyd King Edward the Third ; to the which Edmund the Ryght and Title of the seyd Corones and Lordship by Lawe and Custome belonged . Before we pass over these three Usurpers , we must take notice of a Passage in Polydore Virgil concerning Henry V. in these Words : Princeps Hen. facto Patris funere , Concilium Principum ad Westmonasterium convocandum curat , in quo dum de Rege creando more , mojorum agitabatur , Ecce tibi de repente aliquot Principes ultro in EJVS VERBA jurare coeperunt . Quod Benevolentiae Officium i nulli antea priusquam Rex renantiatus esset , praestitum constat : adeo Hen. ab ineunte aetate spem omnibus optimae indolis fecit . Creatur itaque Rex ad quintum Iduum Aprilis eo Anno quo Pater e vita excesserat , & Quintus ejus Nominis Henricus dictus est . The k Author of the Brief History of Succession thus renders this Sentence : Immediately upon the death of Hen. IV. a Parliament MET at Westminster , and there , according to the Custom of the Realm ; it was debated who should be King : But all men had entertained so good , thoughts of Prince Henry , that without staying till the whole Assembly had declared him King , divers of them began to swear Allegiance to him : a thing strange , and without president , as only occasioned by extraordinary Opinion which was generally conceived of him before , and the certain Title vested in him by m Act of Parliament . In his Citation of the Latin he leaves out these Words which belong to this piece of Story , and do declare the meaning of it : Creatur itaque Rex ad quintum Iduum Aprilis eo Anno quo Pater e vita excesserat , &c. He was Crowned King on the fifth of the Ides of April , the same year his Father died . Tho. Walsingham who lived at this time , says , Hen. IV. died Mar. 20. 1413. And then , eodem Anno coronatus Londoniis Henricus Primogenitus Regis Henrici nuper defuncti quinto Iduum Aprilis , &c. The same Year Henry the First-born of King Henry lately deceased , was Crowned at London on the fifth of the Ides or tenth of April . By which Words of Walsingham 't is evident he hath mistaken the meaning , and falsly translated the Words of Polydore ; for they ought to be Englished in this manner . Prince Henry having buried his Father , caused a Council of the Chief Men of the Nation to be called at Westminster , in which they treat , or debate about Crowning the King , according to the Custom of his Predecessors ; forthwith some of the Great Men began to swear as he dictated to them , which officious Benevolence was performed to none before he was declared King ; such hope he had given from his Childhood of an excellent Disposition : therefore he was Crowned King on the fifth of the Ides of April , that Year his Father died , and was called Henry the Fifth . An intelligent Man would wonder how the Writer of the Brief History , &c. should SQVEEZE his Translation out of these Latin Words . But Polydore , who , as I hinted before , was very unfit to write the English History , hath very oddly in Latin express'd this Relation , as he likewise hath done many other Stories . His Character take from Sir Hen. Savile , in his Epistle to Queen Elizabeth , before his Edition of the old English Writers after Bede . Polydorus ( saith he ) ut homo Italus , & in rebus nostris hospes ( &c. quod caput est ) neque in Republika versatus , nec magni alioqui vel judicii , vel ingenii , pauca ex multis delibans , & falfit plerumque pro veris amplexus , Historiam nobis reliquit cum caetera mendosam tum exiliter sane & jejune conscriptam . Polydor , as he was an Italian , and a Stranger in our Affairs , and , which was the chief matter , not understanding our Government and Laws , nor otherwise of great Wit or Judgment , chusing a few things out of many , and oft-times taking false things for true , hath left us a very faulty History , slightly and pitifully written . After the Reign of these three Usurpers , and Deposition of Henry the Sixth , in the n first of Edward the Fourth , the Proceedings against Richard the Second are Repealed , where 't is said , That Henry Earl of Derby , afterwards Henry the Fourth , temerously ayenst ryghtwisnesse and Justice , by Force and Arms , ayenst his Faith and Ligeance , rered Werre at Flynt in Wales ayenst King Richard the Second , him tooke , and imprisoned in the Tower of London , in great violence , and usurped and intruded upon the Royall Power , Estate , Dignity , &c. And not therewith satisfyed or content , but more grievous thing attempting , wickedly , of unnatural , unmanly , and cruel Tyranny , the same King Richard , King Anointed , Crowned and Consecrated , and his Liege and most Soveraigne Lord in Earth , against Gods Lawe , Mans Ligeance , and Oath of Fidelity , with uttermost punicion , attormenting , murdered , and destroyed , with most vile , hainous , and lamentable Death , &c. The Commons being of this present Parliament , having sufficient and evident knowledge of the said unryghtwyse Usurpation and Intrusion , by the said Henry late Earl of Derby , upon the said Crown of England ; knoweing also certainly , without doubt and ambiguity , the Right and Title of our said Soveraigne Lord thereunto true , and that by Gods Lawe , Mans Lawe , and the Lawe of Nature , he , and none other , is , and ought to be , their true , ryghtwyse , and natural Liege , and Soveraigne Lord , and that he was in right from the Death of the said Noble and Famous Prince his Father , very just King of the said Realm of England , doe take , accept , and repute , and will for ever take , accept , and repute the said Edward the Fourth their Soveraigne and Liege Lord , and him and his Heirs to be Kings of England , and none other , according to his said Right and Title . And that the same Henry unryghtwysely , against Lawe , Conscience , and Custome of the said Realm of England , usurped upon the said Crown and Lordship ; and that he , and also Henry late called King Henry the Fifth , his Son , and Henry late called King Henry the Sixth , his Son , occupied the Realm of England and Lordship of Ireland , and exercised the Governance thereof , by unryghtwyse , intrusion , usurpation and no otherwise . That the Amotion of Henry , late called King Henry the Sixth , from the Exercise , Occupation , Usurpation , Intrusion , Reign , and Governance of the same Realm and Lordship , done by our Soveraigne Lord King Edward the Fourth , was and is rightwyse , lawfull , and according to the Lawes and Customes of the said Realme , and soe ought to be taken , holden , reputed , and accepted . Further , Some if not all the Grants made by Henry Earl of Derby , called Henry the Fourth , the said Henry his Son , or the said Henry called Henry the Sixth , or by Authority of any pretenced Parliament in any of their days , were reputed null and void . That the unrightwyse and unlawful Usurpation and Intrusion of the same Henry upon the Crown of England and Lordship of Ireland , was to the great and intolerable hurt , prejudice , and derogation of Edmund Mortimer Earle of Maroh , next Heir of Blood of the said King Richard at the time of his Death , and to the Heirs of the said Edmomd , and to the great and excessive Damage unto the Realm of England , and to the politick and peaceable Governance thereof , by inward Wars moved and grounded by occasion thereof . In the First of Richard the Third , the o Three Estates , after having much faulted the Government , Marriage , and Person of Edward the Fourth , and affirmed , That the Right and Title of the Issue of George Duke of Clarence was barred by his Attainder , and extolling the Parts , Wisdom , and Justice of Richard his Brother , declared him undoubted Heir of Richard Duke of York , Father to Edward the Fourth , very Inhaeritor of the Crown of England , and Dignity Royal , and as in Right King of England p by way of Inheritance ; and therefore having in his great prudent Justice , Princely Courage , and excellent Vertue , singular Confidence , did by Writing ( in all that in them lay ) chuse him their King and Sovereign Lord , to whom they knew of certain it apperteined to be so chosen , &c. And do further declare , That the Right , Title , and Estate which King Richard the Third had to , and in the Crown and Royal Dignity of the Realm of England , with all things thereunto within the said Realm , and without it , annexed and apperteining , was just and lawful , as grounded upon the Laws of God and Nature , and also upon the antient Lawes and laudable Customes of this said Realm , as also taken and reputed by all such Persons as were learned in the abovesaid Laws and Customs . And then they proceed , and say , Yet nevertheless , forasmuch as it is considered that the most part of the People is not sufficiently q learned in the aforesaid Laws and Customs , whereby the Truth and Right in this behalf of likelyhood may be hid , and not clearly known to all the People , and thereupon put in doubt and question . And over this , how that the Court of Parliament is of such Authority , and the People of this Land of such a nature and disposition , as Experience teacheth , that Manifestation or Declaration of any Truth made by the Three Estates of this Realm assembled in Parliament , and by Authority of the same , maketh before all other things most faithful and certain quieting of Mens minds , and removeth the occasion of Doubts and seditious Language . Therefore at the Request and by the Assent of the Three Estates of this Realm , THAT IS TO SAY , The Lords Spiritual and Temporal , and Commons of this Land , assembled in this present Parliament , and by the Authority of the same , be it pronounced , decreed , and declared . That our said Sovereign Lord the King was and is the very undoubted . King of this Realm of England , with all things thereunto belonging , within the said Realm , and without it , united , annexed , and apperteining , as well by Right of Consanguinity , and Inhaeritance , as by lawful Election , Consecration , and Coronation . Haereditary Right , and Right of Blood , was the Ground of this Establishment . Henry the Seventh having no Haereditary Title of his own , and being always r averse to take upon him the only true and undoubted Title of his Queen , eldest Daughter and Heir to Edward the Fourth , procured an Act of Parliament ſ That the Inhaeritance of the Crown of the Realms of England and France , with all the Preheminencies and Dignities Royal to the same apperteining , and the Ligeances to the King belonging beyond the Seas , &c. shall be , rest , remain , and abide in the most Royal Person of our most Sovereign . Lord Henry the Seventh , and in the Heirs of his Body lawfully coming , perpetually , and so to endure , and no otherwise . It may be noted from these words , That the inheritance of the Crown should rest , remain , and abide , in the King , &c. That he designed not a Declaration or Recognition of his Right , but rather an Establishment of that Possession he had gotten by the Sword ; for not thinking this Act a Sufficient Security for him , nor depending on this Parliamentary Title , he extended his pretences beyond this Establishment , in at much as he procured it to be confirmed the year following by the Bull of Pope Innocent the Eighth , in which this Statute , with his Titles of Couquest , and Descent , are mentioned , and confirmed . * The Bull says , That the Kingdom of England belonged to him by undubitable right . Non modo jure Belli , ac notorio & indubitato proximo successions Titulo , verum etiam omnium prelatorum ; procerum , Magnatum Nobilium totiusque ejusdem Regni Angliae plebis Electione , et noto ac decreto statuto et ordinatione ipsius Angliae Regni trium Statuum in ipsorum conventu Parliamento nuncupato : That is , Not only by the right of War , and the notorious and indubitable next * Title of Succession , but also by the election of all the Prelates , and great Men , and of the whole Commonalty of the Kingdom of England , and by a known and decreed Statute and Ordinance of the Three Estates of the same Kingdom of England , their meeting called a Parliament . And afterward in the Thirteenth of his Reign he got his Bull renewed and the Act confirmed again by † Pope Alexander the Sixth , under pain of Excommunication and Curse to such as should upon any pretence whatsoever , disturb the peace of the Nation , and create trouble against this Title of Henry the Seventh . So that notwithstanding this Act of Parliament , which was cunningly penned to Establish his possession he had obtained by the sword , He thought that , and the Popes Bulls of Confirmation his best Title , yet not omitting his own pretended indubitable next Right of Succession . Henry the Eighth , next heir to the Crown by Proximity of Blood , as right Heir to his Mother Elizabeth , Daughter and right Heir to Edward the Fourth , succeeded his Father in his Kingdom ; who in all Extravagant Acts concerning his Queens and the Succession , ever founded it in pretended legal Proximity of Blood , and Lawful next Heirs of Blood according to the due course of inheritance ; the pretended want of which , was the only suggestion for passing these Acts. In the Twenty fifth of Henry the Eighth there was an Act for the Succession ; the preamble this . In their most humble wyse shewen unto your Majesty your most humble and obedient Subjects the Lords Spiritual and Temporal and Commons in this present Parliament , &c. That since it is the natural inclination of every man to provide for the suerty both of his Title and Succession , although it touch his only private Cause ; we therefore reckon our selves much more bounden to beseech and instant your I lighness to forsee and provide for the perfect suerty of both you , and your lawful Succession , and Heirs , upon which dependeth all our joy , and wealth , in whom also is united and knit the only meer * TRUE INHERITANCE , and TITLE of this Realm without any contradiction . And then mentions , that certain divisions arose upon ambiguities ; and doubts not perfectly declared from froward intents , to expound them contrary to the right legalty of the Lawful Succession , and posterity of the lawful Kings and Emperours of this Land. After this confirming the Divorce of Queen Katherine , as also the King's Marriage with Anne Boleyn , the Parliament entayles the Crown upon him and his Heirs Male by her , and for want of such Issue upon Elizabeth their eldest Daughter , and their Heirs Females according to the due course of Inheritance . From whence it appears that the Succession was founded upon inheritance , and the design of the Act was that Henry the eighth might have Lawful Issue to inherit the Crown , that so all Ambiguities , and Doubts about the Succession might be taken off . And all the Kings Subjects were bound under pain of misprision of Treason to swear to observe the Contents of this Act. The Act for Succession , 28 Hen. 8. c. 7. affirms there were many Lawful impediments , unknown at the making of the Act of Succession , 25 Hen. 8. c. 22. which since that time were confessed by the Lady Anno before Themas Archbishop of Canterbury sitting Judicially for the same : By reason of which impediments , the Kings Marriage with her was never good , nor consonant to the Lawes ; and therefore Q. Elizabeth was declared Illegitimate , and it was declared Treason for any Man to judge or believe the Marriage between the King and the Lady Katherine , or Anne , to be good , lawful , or of any effect . It was also in this Act declared Treason for any one to take , accept , name , or call any of the Children born and procreate under those unlawful Marriages , legitimate , or lawful Children of the King. And therefore the Crown was settled upon the King and his Heirs Males by his Lawful Queen Jane ; and for want of such Issue by her , upon his Heirs Males by any other Lawsul Wife ; and for want of Heirs Males , upon his Heirs Females by Queen Jane , or any other Lawful wise . And for lack of Lawful Heirs of his Body to be procreated and begotten as is limitted by this Act , to such person and persons in Possession and Remainder , as should please the King ; and according to such Estate , and after such manner , form , fashion , order , and condition , as shall be expressed , declared , named , and limitted by his Letters Parents , or by his last Will. And then follows , And we your most humble and obedient Subjects do faithfully promise to your Majesty by one Common Assent , That after your decease , and for lack of Heirs of your Body lawfully begotten as is afore rehearsed , We , our Heirs and Successors , shall accept and take , love , dread , serve , and alonely obey , such Person and Persons Males or Females , as your Majesty shall give your said Imperial Crown unto , by authority of this Act , and to none other ; and wholly to stick to them as true and faithful subjects ought to do to their Regal Rulers , Governours and supream Heads . To provide for Lawful Heirs was the pretended Ground of this Act of succession ; not to exclude them , and to give the King a strange unheard of Power to dispose of the crown . &c. The Thirty fifth of Henry the Eighth , cap. 1. recites how the Crown was entailed , 28. Hen. 8. and what Power was given to him to dispose of the Crown . To the intent therefore that His Majesty's disposition and mind therein might be openly declared , and manifestly known , His Majesty designing a Voyage beyond Sea ; it was enacted by his Highness , with the Assent of the Lords Spiritual and Temporal , and Commons in Parliament assembled , and by Authority of the same , That in case it should happen , the King's Majesty , and Prince Edward , Heir Apparent , to die without Issue of their Bodies lawfully begotten , so as there be no Heirs Male or Female of either of their Bodies to have and inherit the said Imperial Crown , that then it should be to his Daughter Mary , and her Heirs lawfully to be begotten under such Conditions as should be limited by the King's Letters Patents , or his last Will : And for default of Issue , to his Daughter Elizabeth upon the same Conditions . But if no Conditions were appointed , then the Succession to each of them , one after another , abosolutely . And for want of Heirs by his Queen Katherine , his Lawful Wife ; and for want of Lawful Issue or Prince Edward , his Daughters Mary and Elizabeth , then the King to dispose of the Crown at his only pleasure from time to time . All these Acts of Succession were made by the King's Sollicitation , Authority , Command , or other Procurement ; and were not other wife moved , contrived or offered to him . In the First of Queen Mary there is an Act , declaring the Queen's Highness to have been born in most just and faithful Matrimony ; and also repealing all Acts of Parliaments and Sentence of Divorce made or had to the contrary . The intention of this Act was to declare the Succession to be in Inheritance by Right of Blood. In the First of Elizabeth , the Lords Spiritual and Temporal , and Commons do declare and confess th t Queen Elizabeth , and in very deed , and of most meer Right , ought to be , by the Laws of God , and the Laws and Statutes of this Realm , their most rightful and lawful Sovereign Queen : And that she was rightly , and lineally , and lawfully descended and come of the Blood-Royal of this Realm of England ; in and to whose Princely Person , and the Heirs of her Body lawfully begotten after her , without all Doubt , Ambiguity , Scruple or Question , The Imperial Crown and Dignity of this Realm was rally and entirely vested . In this Law ( whether it were true or not in her ) the right , lineal and lawful Descent of Queen Elizabeth was the Ground upon which she was declared to be by God's Laws , and the Laws and Statutes of this Realm , most rightful and lawful Queen . And whatever she and her Council secretly thought of her own Personal Title . Yet upon the Treaty or Marriage with the Duke of Anjon , in the Answer to the sixth Article delivered by the French Ambassador , it is declared , that the Succession in her Kingdoms was , and ought to be Hereditary , according to nearness in Blood. The words are Liberi ex hoc matrimonio prognati in materna haereditate succedent in regnis , secundum jura & consuetudines regnorum , viz. primogenitus filius in Coronam quam Regina mater habet , & si nulli extabunt filii Masculi , filioe si extabunt , viz , prima & sola maxima natu , &c. Atque idem ut fiat in hoereditate paterna loequum est , & quomodo consuetudines locorum id ferent , intelligi parest . That is , The Children begotten of this Marriage shall succeed in the Mothers Inheritance in the Kingdoms , according to the Laws and Customs of the Kingdoms ; that is to say , The First born Son shall enjoy the Crown which the Queen Mother hath : And if there be no Issue Male , the Daughters , if there be any , shall succeed that is to say , the Eldest first , and alone , &c. And that it is just the Succession should obtain after the same manner in the Paternal Inheritance , if the Custom of the places would allow it . After the death of Queen Elizabeth , the Act of Recognition , made Upon King James his coming to the Crown , doth not take notice of the Title raised by Act of Parliament to Henry the Seventh , and the Heirs of his Body : But declares a that he was Lineally , Rightfully and Lawfully descended of the Body of the most excellent Lady Margaret , eldest Daughter of this most renowned King Henry the Seventh , and the high and noble Prinress , Queen Elizabeth , his Wife , eldest Daughter of King Edward the Fourth . The said Lady Margaret being eldest Sister of King Henry the Eighth , Father of the High and Mighty Princess of famous Memory , Elizabeth , late Queen of England : b In consideration whereof , the Parliament doth acknowledge King James their only Lawful and Rightful Leige Lord and Sovereign , c And further say , as being bound thereunto both by the Laws of God and Man , they do recognize and acknowledge d that Immediately upon the Dissolution and Deceasy of Elizabeth , late Queen of England , the Imperial Crown of the Realm of England , and all the Kingdoms , Dominions and Rights belonging to the same , did by inherent Birth-right , and lawful and undoubted Succession , descend and come to His most excellent Majesty , as being lineally , justly and lawfully next , and SOLE HEIR of the Blood-Royal of this Realm , as it is afore said . And thereunto they do most humbly and faithfully submit and oblige themselves , their Heirs and Posterities for ever , until the last drop of their Bloods be spent . What can be clearer than that the Succession to the Crown of England was always thought , judged , had , taken and reputed to be from Nextness of Blood , by the Opinion of all sober Men , by Law and Custom , by this , and other Acts of Parliament , and Statutes before cited . This then being the true History and Case of Succession to the Crown of England , and its being only founded upon Proximity of Blood , the Author of the Brief History of Succession , &c. ought to have called it An History of Vsurpations , Seditions and Rebellions . It was written and intended for a purpose he will not own ; that is , to shew , that In the English Monarchy there is not Right of Succession ; but that Parliaments or Armies may set up whom they please . This , I confess , hath been practised in this Nation ; and it was the main Cause of the War between the Families of Tork and Lancaster ; that proceeding from the Right of the one Patty , and Possession of the other , and the Contrarieties of Acts of Parliament was caused by the Alternate Victories of both . But the doing of a thing makes it not lawful : Repeated Wickedness , or the frequent Repetition of Wiekedness , gives no Authority to any one to commit that Wickedness , as the frequency of Adulteries or Robberies doth not justifie either of them . I think it 's no good Argument to say , Edward the Second was deposed and murthered , therefore Richard the Second might be deposed and murthered ; or , That they were both deposed and murthered , therefore Charles the First might be deposed and murthered ; or , Because King Charles the First was deposed and murthered , therefore King Charles the Second may be deposed and murthered . Precedents are of force only in things lawful , obscure or dubious , but never , in things unjust . The Depositions and Murthers of Edward the Second and Richard the Second , the Usurpations and unlawful Actions of Henry the Fourth and Richard the Third , were in their own times condemned by all good Men , even as the Actions of that Parliament began in 1641. in ours , which I suppose is the reason why the Author of the Pamphlet brings not them in as a Precedent ; which would have served his turn better than all his other Instances . But besides their impious Instances , we ought to take notice of the Expressions of these Men of Jesuitical Principles . They call Usurpation the Election of the People ; a Faction , the Commonwealth ; the Actions of a few they impute to all ; They call Rebellion a just and judicial Proceeding ; often and open Perjury , an orderly Revoking of a Sentence ; God's secret Judgment in permitting Injustice to prevail , his owning and allowance thereof ; the Inconsistency and present Humour of the heedless Multitude , ( who judge of things , not by Reason or Justice , but either by Opinion , which commonly is partial ; or else by Report , which is usually full of Incertainties and Errors , the most part Doing because others Do ; all easie to be drawn in to serve any wicked and ambitious Men's Attempts ) they call the presumed Will and Consent of the People : According to which ( say they ) the Succession of the Crown is to be directed . And by these Arts they do very much impose upon their unwary Readers . To this History of Succession belongs the Act of the Thirteenth of Elizabeth , cap. 1. intituled An Act whereby certain Offences are made Treason ; which , as many great and learned Persons think , was , upon the debate and making of it , intended and designed to declare a Power in the Queen and her Successors for ever , by Authority of Parliament , to make Laws and Statutes of sufficient force and validity , to limit and bind the Crown of England , and the Descent , Limitation , Inheritance and Government thereof . Sir Edward Coke c says , Many Acts of Parliament are hardly to be understood , unless the History of that time be joyned thereunto . This Parliament met f April 2. 1571. 13 Eliz. and was dissolved g May 29. following . This Parliament , we see , was holden in the beginning of the Year 1571. Some Years before , but most especially in the Year1570 . immediately preceding , there had been many Practices , and Seditious and Treasonable Contrivances against Queen Elizabeth , by Foreign , as well as Domestick Enemies : By the Pope and King of Spain , Duke of Guise in France , Duke D'Alva in the Netherlands , the Fugitive English , &c. abroad : And at home , frequent Conspiracies to deliver the Queen of Scots out of Prison , Attempts upon the Queen's Person , the Rebellion in the North by the Earls of Northumberland and Westmerland , the Match of the Duke of Norfolk with the Queen of Scots ; h her Usurpation of the Crown of England , with the Title and Arms thereof ; and the Bull of Pope Pius the Fifth , by which he declared her a Heretick , &c. and impiously , and without any Authority , other than Papal Tyranny ; deprived her of her Title , Dominions and Kingdoms , and absolved all her Subjects from their Obedience and Allegiance . All these , but i more particularly the Pope's Bull , and the Conspiracy of Norfolk , created much trouble in the mind of Queen Elizabeth : And she sent to the Queen of Scots , Cecyl and Sir Walter Mildmay , to consult with her by what means most conveniently the Dissentions of Scotland might be compounded , her self restored , and Queen Elizabeth , and her young Son , safe and secure . Amongst the Propositions made to obtain these ends , these were two , k That the Queen of Scots should renounce her Title and Claim as long as Queen Elizabeth , and the Children lawfully born of her Body should live . That if the Queen of Scots should attempt any thing by her self , or any other , against Queen Elizabeth , she should , ipso facto , forfeit all her Right and Title she claimed to England . To which the Deputies of the Queen of Scots Lieutenants answered , That the Title should be renounced as long as Queen Elizabeth lived : And That the Queen of Scots should be excluded from all Right of Succession in England if she attempted any thing against the Queen of England ' s Right , so as if the Queen of England would be likewise bound in some equivalent Penalty if she should attempt any thing against the Queen of Scots . There was no Agreement upon these , and other Propositions then made , because the Scots-Deputies thought thorn too hard and severe , and not to be assented unto without the greatest Inconveniencies imaginable . And thence followed new Designs and Contrivances for the Relief of the Queen of Scots , &c. The Marriage of the Duke of Norfolk with the Queen of Scots was first propounded l by her great Enemy , the Regent Murray ; and afterwards carried on by the Earls of m Arundel , Northumberland , Westmerland , Sussex , Pembroke and Southampton , with many Barons , and by the Earl of Leicester himself ; who , with his own hand n drew up Articles which he sent to the Queen of Scots , in number six ; two whereof were , That she should do nothing which might be prejudicial to the Queen of England , or to the Children born of her , in the Succession of the Kingdom of England . That she should revoke her Assignment of the Kingdom of England to the Duke of Anjou . The occasion of this Article was , o that Murray had reported that the Queen of Scots had made over her Title to England to the Duke of Anjou , and that her Conveyance was confirmed at Rome : which the Queen utterly denied . And it was afterwards discovered to be an invention of Murray's to alienate Queen Elizabeths mind from her . To obviate all these Mischiefs and Designs ; The Queen and her private Ministers , the Earl of Leicester , Lord Burleigh and Sir Francis Walsingham thought fit to improve the insinuation and Overture of a Match p made by the Queen Mother of France , but not very vigorously pursued untill the Year 1571. 13 Eliz. and in the time of the Sitting of the Parliament of that Year , though 't was not in that Assembly or their Journals taken notice of , it being * secretly managed by order of the Queen , by her two then great Confidents , the Earl of Leycester , and the Lord Burleigh , by the Mediation of Sir Francis Walsingham , then Embassador in France . Whether Leycester meant honestly and seriously in this Affair , I cannot determine ; † he made great Professions that he did ; the then Posture of Affairs being represented to him by Walsingham , in a Letter dated from Paris , May 14. 1571. in these Words . MY very good Lord , The Protestants here do so earnestly desire this Match , and on the other side the Papists do so earnestly seek to impeach the same , as it maketh me the more earnest in furthering of the same . Besides , when I particularly consider her Majesties Estate both at home and abroad , so far forth as my poor Eye-sight can discern ; and how she is beset with Forreign Peril , the Execution whereof stayeth only upon the Event of this Match ; I do not see how she can stand if this Matter break off . No particular Respect ( as God is my Witness ) moveth me to write thus earnestly , but only the Regard I have to God's Glory , and Her Majesties Safety . Your Lordships to command , Fr. Walsingham . How necessary this Match was at this time for the safety of the Queen and Nation , we have the Opinion of this great Statesman and Minister ; with whom Leycester and Burleigh concurred in Opinion , as appears by their several Letters relating to these Transactions . And since the French , in the Sixth Article delivered in by the French Ambassador the Thirteenth of April , 1571. propounded the Succession to be secured to the Issue of this Marriage , according to the Laws and Customs of the Realms ; to which Queen Elizabeth , according to the common Opinion of the Understanding Men of those Times , not having Right by Inheritance or Proximity of Blood , might think by this Act of Parliament ( that in effect doth grant the general Surmise ) to make good her Title , and by this way and means to notifie it to be according to the Laws and Customs of the Realm . For the Duke of Anjou could not but have notice of the pretended Defectiveness of her Claim , though not mentioned in the Treaty ; and therefore this might haply be done as much as could be to meet with and satisfie that Objection , if it should be made , and that this might be a private , though none of the great Considerations , of procuring and passing this Act. He that will but observe these Particulars of History , and will take the pains to compare them with this Act , may easily perceive it was made as a Provision against such things , pretences , and attempts , for the future , during Queen Elizabeths Reign , as had then been done , used , and practised : it being then doubted whether the Laws and Statutes of this Realm then in force , were sufficient for the Preservation of the Queens Person . The Title of the Act is , An Act whereby certain Offences are made Treason . And the Bill in the Commons * Journal was called , A Bill for Treasons . The Preamble upon the Parliament-Roll is , Forasmuch as it is of some doubted whether the Laws and Statutes of this Realm ; remaining at this present in force , are vailable and sufficient enough for the Surety and Preservation of the Queens most Royal Person , in whom consisteth all the Happiness and Comfort of the whole State and Subjects of the Realm , which thing all dutiful , faithful , and loving Subjects ought and will with all careful Study and Zeal consider , foresee , and provide for ; By the neglecting and passing over whereof with winking Eyes , there might happen to grow the Subversion and Ruine of the Quiet and most happy State and present Government of this Realm , which God defend . Therefore * it was Enacted , Declared , and Established , That if any Person or Persons whatsoever , within the Realm or without , should compass , imagine , invent , devise or intend the Death or Destruction , or any Bodily harm , tending to Death , Destruction , Maym , or Wounding of the Person of Queen Elizabeth , or to Deprive or Depose her of or from the Stile , Honour , or Kingly Name , &c. or to levy War against her Majestie within the Realm or without , or to move or stir any Forreigners or Strangers with Force to Invade this Realm ; or if any Person of Persons whatsoever shall maliciously and advisedly declare and publish , That Queen Elizabeth during her Life is not or ought not to be Queen of England , &c. or , That any other Person or Persons ought of Right to be King or Queen of the said Realm : or , That shall maliciously and advisedly set forth and affirm , That Queen Elizabeth is an Heretick , Schismatick , Tyrant , Infidel , or Vsurper : That then all and every such said Offence and Offences shall be taken , deemed , and declared , by the Authority of this Act and Parliament , to be High Treason . And be it also Enacted by the Authority aforesaid , That all and every Person and Persons , of what Degree , Condition , Place , Nation , or Estate whatsoever they be , which shall at any time in the Life of Queen Elizabeth , in any wi●e claim , pretendi utter , declare affirm or publish themselves , or any of them , or any other than Queen Elizabeth , to have Right or Title to have and enjoy the Crown of England during or in her Life-time , or shall usurp the same Crown or Royal Style , Title , and Dignity , during or in her Life-time ; or shall hold and affirm , That she had not Right to hold and enjoy the said Crown , or shall not ( after demand ) effectually acknowledge her to be in Right , true and lawful Queen : They and every of them so offending , shall be utterly disabled during their Natural Lives onely , to have or enjoy the Crown or Realm of England , or the Style , Title , or Dignity thereof , at any time in Succession , Inheritance , or otherwise , after the Decease of the Queen , as if such Person were naturally dead : Any Law , Custom , Pretence , or Matter whatsoever to the contrary notwithstanding . And be it further Enacted , That if any Person shall , during the Queens Majesties Life maintain , hold and affirm any Right in Succession , Inheritance , or Possibility , in or to the Crown or Realm of England , or the Rights thereof to be in any such Claimer , Pretender , Vtterer , Declarer , Affirmer , Vsurper , Publisher , or Not-acknowledger , shall be a High Traytor , and suffer and forfeit as in Cases of High Treason . And for the Confirmation and making good what had in this Law been hitherto Enacted , as much as might be , it was further Enacted , That if any Person should in any wise hold and affirm , or maintain , That the Common Laws of this Realm not altered by Parliament , ought not to direct the Right of the Crown of England ; or , That our Sovereign Lady Queen Elizabeth , with and by Authority of the Parliament of England , is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm , and the Descent , Limitation , Inheritance , and Government thereof ; or , That this present Statute , or any part thereof , or any other Statute to be made by the Authority of the Parliament of England , with the Royal Assent of the Queen , for Limitting of the Crown , or any Statute , for Recognizing the Right of the said Crown and Realm to be justly and lawfully in the most Royal Person of the Queen , is not , are not , or shall not , or ought not to be for ever of good and sufficient force and validity , to bind , limit , restrain , and govern all Persons , their Rights , and Titles , that in any wise may or might claim any Interest or Possibility in or to the Crown of England , in Possession , Remainder , Inheritance , Succession or otherwise howsoever : Every such Person so holding , affirming , or mainteining , during the Life of the Queens Majesty , shall be judged a High Traytor , &c. And every Person so holding affirming and mainteining , after the Decease of the Queen , shall forfeit all his Goods and Chattels . This Statute was a peculiar Law made for the Preservation of Queen Elizabeths Person and Title and this last Enacting Clause and Paragraph was made to strengthen and confirm the former part of the Statute , which was a Provision and Security against such Pretences and Practices as were ennumerated in the preceding Historical Account . And if we consider how much ( if not altogether ) her Title to the Crown depended upon Statute-Law , and how Questionable her Birth-right was generally reputed to be , no man can much wonder if for her own advantage and safety , she attributed more to an Act of Parliament than otherwise she would have done . She was necessitated to take this course , to establish her self against the Pretences of the Queen of Scots , when her Birth-right could not do it , it being very doubtful whether she was Legitimate , considering the Proceedings in the Divorce of Queen Katherine , Marriage of her Mother , and her Mothers Confession * to Archbishop Cranmer , when the Statute was made for the declaring the Marriage null and void between Henry the Eighth and Anne Bolein , by which Statute she was also solemnly Bastardized . And although Queen Elizabeth , at the entrance upon her Government was acknowledged to be * rightly , lineally , and lawfully Descended from the Blood Royal of this Realm , which if true , had been a sufficient Title , She being then the only remaining Issue of Henry the Eighth ; yet her right was recognized as depending upon the Lawes and Statutes of the Realm , and by express mention of and reference to the Thirty fifth of Henry the eighth ; by which Statute the Crown was settled upon her , and the Heirs of her Body lawfully begotten ; in several places whereof , she is by the King her Father , implicitly reputed and declared illegitimate , and the settlement in that Act is made to her , as not being lawfully begotten , or having right to inherit . In the first of her Reign before cited , when the Crown was declared to be vested in her , and that Declaration and Recognition , as also the Limitation and Declaration of the Succession of the Imperial Crown of this Realm mentioned and conteined in the Act of 35 Hen. 8. were to stand , remain , and be the Law of this Land for ever . Which notwithstanding , when Mary Queen of Scots had claimed the Crown by right of Inheritance , and had spread abroad that Title unto it , and also the Title of the House of Suffolk , and other Titles were whispered up and down ; the Act of 35 Hen. 8. or this Act of Recognition , were not thought sufficient to secure the Queen Elizabeth . Then was this Act in the Thirteenth of her Reign made meerly either to create or strengthen her Title , and not to Exclude the Queen of Scots from the SUCCESSION , unless she attempted any thing against her , or laid Claim to the Crown , which was also in its own nature a securing Clause to Queen Elizabeth : But the great Clause of Security to Queen Elizabeth in this Act , was that Clause by which it was made Treason for any man to affirm that she by Authority of Parliament could not make Lawes and Statutes to bind the Succession of the Crown , or that this Act or other Lawes to be made by the Parliament of England by her Royal assent , for limiting the Crown and recognizing the right to be lawfully and justly in her person , is not , are not , or shall not , or ought not to be for ever , of good and sufficient force . This Clause was levelled against the Opinion , That the Queen of Scots had the best Title ; which began to spread , and gain much credit , as well amongst the Nobility as Commons : By all which it is manifest , this whole Act was but Temporary ; and therefore we may note , with Pulton , that it expired with Queen Elizabeth ; and it was no Act of Exclusion , but a Law only to secure her Person , and to make and confirm unto her a Title , which without Statute-Law was in it self at least doubtful . And the new Clause which was added , That it should be High Treason , during her Life , for any Person to affirm , she by Authority of Parliament had not Power to bind the Crown , and Succession thereof ; or , That the Right of the Crown and Realm was not justly and lawfully , in her Royal Person ; cannot affect the Title of a lawful Successor by Inheritance , nor be brought or made use of as a Precedent to exclude him from , the Succession . But it may be said , There is a great Forfeiture inflicted upon every Person holding and affirming , after her Decease , That Queen Elizabeth and a Parliament could not limit the Succession , and fix the Crown upon her own Head. This Clause could take no effect after her death , and therefore was added to preserve her Memory from being defamed after her Death , or slanderously charged with the hainous Crime of Vsurping the Crown , which in must have been the inevitabble Consequence of affirming she and her Parliament could not limit the Succession . For she valued much her Credit and Reputation , and would seem to maintain still , that he acted nothing against the Queen of Scots ; and therefore the Law is made in general Words , against every Person or Persons whatsoever , of what Degree , Place , Nation , or Condition whatsoever , that should affirm she was not in Right true and lawful Queen , or that should claim the Crown , &c. In the Point of Succession she could never be brought expresly by Name to exclude the Queen of Scots , or name any other Successor , as is clear from these several Passages in Camden . Dudley desirous by all means to oblige and obtain the Favour of the Queen of Scots , accused the Lord Keeper Bacon to the Queen , That he had intermedled against the Queen of Scots in the matter of Succession ; for which he lost the Queens Favour , and was with much ado at last restored to it again by the Mediation of Cecil , ‡ upon , which our Author says , Certainly the Queen never heard any thing more unwillingly , than that the Right of Succession should be called in question or disputed . The same Year Queen Elizabeth hearing of a Match like to be between the Queen of Scots and Henry Lord Darly , to prevent it , advertifed her , by her Lieger Randolph , That that Marriage was generally so dishked by all the English , that she had Prorogued the Parliament to another time , against the minds of her Council , left the Estates of the Realm being incensed , shou'd even for this cause Enact somewhat against her Right to the Succession . Which that it might not be done afterwards , she recommended Leycester unto , her for a Husband , whom chiefly for that Reason she had created Earl. In the Year 1566 ▪ a Parliament was called to meet on the First of November . They began to Debate roundly about the Succession ; and the Earls of Pembroke and Leycester , and Duke of Norfolk , thought that an Husband was to be imposed upon the Queen or a Successor publickly designed by Act of Parliament , even against her will. Whereupon they were excluded the Presence-Chambcr , and denied Access to the Queen ; but they soon submitted themselves to her , and obtained pardon . Yet the Upper House did by the Lord Keeper Bacon advise , move , and pray her to Marry , and to appoint a Successor , if she or her Children should die without Issue . But some in the Lower House handled these things more tumultuously . Bell and Monson , great Lawyers , Dutton , Paul , Went worth , and others , who grated upon the Queens Authority too much , and amongst other things maintained , That Kings were bound to design a Successor . At last they offered her far greater Subsidies than they were wont , upon condition that she would design a certain Successor . She absolutely refused that extraordinary Offer , and accepted an ordinary Sum , commending their Affection . The last day of the Parliament she made a Speech , and gave the busie Men a smooth Reprehension . * I find ( saith she ) that in this Parliament DISSIMVLATION hath walked up and down , masked under the Vizor of LIBERTY and SVCCESSION . Some of your Number there are that thought it LIBERTY to dispute of the SVCCESSION , and that the Establishment of the same is absolutely to be granted or denied . If I had granted it , these Men had had their desire , and had triumphed over me ; but if I had denied it , they thought to have moved the Hatred of my People against me , which my greatest Enemies could never yet do : But their Wisdom was unseasonable , and their Counsels over-hasty , neither did they foresee the Event : Yet hereby I easily perceived who inclined toward me , and who were averse unto me , &c. Upon this Speech Camden makes this Remarque , * Thus a Woman's Wisdom suppressed these Commotions , every day so qualified them , shining clearer and clearer , that very few besides such as were seditious and fearful , were troubled about a Successor . And certainly most men , whatever they pretend , have no more sense of Publick Matters , than what concerns their own Private . To these Testimonies of the Queens aversion to pass a Bill of Exclusion of the Q. of Scots , may be added a very clear and convincing one out of the Journal of the House of Commons , in the Fourteenth of her Reign , after the passing this Act , which is said so much to favour a Bill of Exclusion . Mr. Treasurer of the Houshold , * Sir Francis Knolles , from the Queen , advised the House of Commons to go forwards against the Queen of Scots with a second Bill ; and that her Majesty minded not by any Implication or drawing of Words , to have the Scotish Queen either inabled or disinabled to or from any manner of Title to the Crown of England ; and willed , That the Bill be drawn and penned by her Learned Counsel , before the same be treated of in the House ; and that in the mean time of bringing in of that Bill , the House enter not into any Speeches or Arguments of that Matter . With the Journal agrees a Passage in the Lord Burleigh's Letter * to Sir Francis Walsingham the Queens Embassador in France , July 2. 1572. two days after the Parliament was Prorogued . Now for our Parliament , I cannot write patiently : All that we laboured for , and had with full Consent brought to fashion , I mean , a Law to make the Scotish Queen unable and unworthy of Succession of the Crown , was by her Majesty neither assented to , nor rejected , but deferred until the Feast of All Saints . But what all other good and wise Men may think thereof , you may guess . Some here have , it seemeth , abused their Favour about her Majesty , to make her self her most Enemy . God amend them . I will not write to you who were suspected . I am sorry for them ; and so would you also , if you thought the suspicion to be true . Your assured Loving Friend , Will. Burleigh . This Parliament did not meet again until the Eighth of February , in the Eighteenth year of the Reign of Queen Elizabeth , unless there be any better Authority than Mr. Pulton's , in his Statutes , to make it appear that it did . And although there never was greater fear and danger of the Introduction of Popery and Arbitrary Power , by reason of the Queen of Scots Religion , her Pretences , and Practices , and the expectation of great Assistance from abroad and at home , than at this time , yet we find not those that were suspected to have advised the Queen this great Affair , to have been branded by Publick Vote , as Betrayers of the Queen , the Protestant Religion , and the Kingdom of England , Promoters of the Scottish Interest , and Pensioners to Scotland . This is a faithful Relation of the Succession . Whether I have fairly or partially cited the Records and Histories I have used , any Man ( if he please ) may inform himself . Whether it be expedient , just , or lawful to go about to interrupt the lawful Succession by Birth-right , or to endeavour to break or vacate the Laws and Customs of the Nation , by which it is Established and Governed , without any Motion , Sollicitation , Procurement , or Intention of the present true and lawful King by Birth-right , for and upon the Suggestions in the Bill mentioned , I leave to the Consideration of Wiser Men than my self . In smaller Matters than this it was said , Nolumus Leges Angliae mutare . A Paralel or Comparison between some Citations in the Author of the Brief History of Succession , &c. And the Words of the Authors themselves . Author of the Brief Hist . fol. 1. in the Margin . EDwardum Elegerunt , Electum consecraverunt , & in Regem unxerunt . Sim. Dunelm . An. 975. f. 160. Fol. 3. in the Margin . Hic Robertus semper contrarius & adeo innaturalis extiterat Baronibus Regni Angliae quod plenario consensu & Consilio totius Comunitatis Regni ipsum refutaverunt & pre Rege omnino recusaverunt & Henricum fratrem in Regem erexerunt . Hen. de Knighton , c. 8. 2374. Fol. 4. In the Notes in the middle of the Folio . In Conventu Episcoporium , & aliorum de Regno optimatum , Mat. Westm . f. 246. an . 1153. Fol. 4. In the Margin . Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi , Abbates , Comites , Barones , Vice-Comites , Praepositi , Aldermanni cum Fidejussoribus , Gervas , Hen. 2 fol. 1412. And , fol. 4. in the Body of his History , says , This was a Parliament in which Henry the Second procured his Son Henry to he declared King , together with himself , by their consent . Brief History , fol. 5. in the Margin . Post tam Cleri quam Populi solennem & debitam electionem , Rad. de Diceto , fol. 647. Ibid. f. 5. In the Body of the History . King John applies himself to the People for a more sure Title [ d ] who being summoned together , chose him King. Ibid. in the Margin , [ d ] Praelatorum Comitum & aliorum Nobilium infinita a multitudine , Brompt . 1281. Fol. 10. in the Body of the History . Please it your Grace to understand the Consideration , Election and Petition of the Lords Spiritual and Temporal and Commons , &c. Cot. Rec. fol. 709. This is all considerable which he cites out of this Record . Fol. 11. in the Body of the History . In the 25th . Year of Henry the Eighth , an Act passed , wherein the Parliament , in the Preamble , say , They were BOUNDEN to provide for the perfect Surety of the Succession . They did not certainly reckon themselves bound to do a thing that was not in their Power , Stat. 25 H. 8. c. 22. Sim. Dunelm . Anno 975. col . 160. n. 40. EDwardum , UT PATER SUUS PRAECEPERAT , Elegerunt , Electum , consecraverunt , & in Regem unxerunt . Hen. de Knighton , col . 2374. c. 8. n. 10. Iste Robertus semper contrarius , & adeo innaturalis extiterat Baronibus Regni Angliae quod plenario Consensu & Consilio totius Comunitatis Regni , IMPOSUERUNT EI ILLEGITIMITATEM QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS , UNDE UNANIMI ASSENSU SUO , ipsum refutaverunt & pro Rege omnino recusaverunt & Henricum fratrem ejus in Regem erexerunt . Mat. Westm . f. 246. an . 1153. n. 10. Rex Stephanus omni haerede viduatus praeter solumodo Henricum Ducem recognovit , in Conventu Episcoporum & aliorum de Regno optimatum . Quod Dux Henricus jus haereditarium in Regnum Angliae habebat , & Dux benigne concessit ut Rex Stephanus tota vita sua suum Regnum pacifice possideret . Chronica Gervasii , col . 1412. lin . 4. Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae : Episcopi , Abbates , Comites , Barones , Vice-Comites , praepositi Aldermani , cum Fidejussoribus suis timentes valde omnes . Quisque juxta conscientiam suam metuebat , nesciebunt enim , Quid Rex statuere decrevisset ipsa die Henricum filium suum qui eadem septimana de Normannia venerat militem fecit , statimque eum , stupentibus , cunctis & mirantibus , in Regem ungi praecepit & coronari . Not one word here , or in all this story of this Author , of their declaring him King. Rad. de Diceto Imagines historiarum , col . 647. n. 40. Comes Itaque Pictavorum Ricardus HAEREDITARIO JURE PRAEMOVENDUS IN REGEM post tam Cleri quam Populi solempnem & debitam electionem , &c. Chron. Johan . Brompt . col . 1281. n. 40 , 50. Johannes ab Huberto Archiepiscopo Cantuariensi in Ecclesia B. Petri Westmonasterii INUNGITUR ET IN REGEM ANGLIAE CORONATUR ASSISTENT Prelatorum , Comitum , BARONUM & aliorum Nobilium infinita multitudine . Exact Abridgment of Records in the Tower , fol , 709 , 710 , 711 , &c. This is a very long Record , and this is all considerable he cites out of it ; whereas the whole Title of Richard the Third from Parliament in this Settlement is grounded upon his being ( as they pretended ) the only true , right and lawful Heir . See what is noted of this Record , and said concerning Richard the Third in this History . Pult. Stat. 25 H. 8. c. 22. The Preamble . In their most humblewise shewn unto Your Majesty , your most humble and obedient Subjects , the Lords Spiritual and Temporal , and Commons in this present Parliament , &c. That since it is the natural Inclination of every Man to provide for the Surety both of his Title and Succession , although it touch his only private cause ; We therefore reckon our selves much more BOUNDEN TO BESEECH AND INSTANT YOUR HIGHNESS TO FORESEE AND PROVIDE for the PERFIT SURETY OF BOTH YOU and your MOST LAWFUL SUCCESSION and HEIRS , upon which dependeth all our Joy and Wealth ; in whom also is united and knit the only meer true Inheritance and Title of this Realm , without contradiction . These are some of his many wilful Mistakes : and indeed , there is scarce one Instance in the Pamphlet that is not either falsely cited , or falsely applied . FINIS . ERRATA . PAge 5. line 8. for Emmy , read Emma , l. 15 r. quique . p. 6. l. 16. f. consensu , r consensum . l. 35. f. preditorum , r. Proditorum . p. 8. l. 11. f. subjugandat , r. subjugavis . p. 9 , l. 11. f. Aifred , r. Ailred . l. 40. f. Clisonis , r. Clitonis p. 11. l. 11. f. Congregatio , r. Congregato . p. 13. l. 27. f. Adjucavit , r. Adjudicaviit . p. 17. l. 41. f. Numeri , r , nostri . l. 49. f. Praesagia , r. praesaga . p. 25. l. 25. f. him , r. them . p. 34. l. 42. in the Margin , r. Compleat Ambassador , fol. 85 , 86 , 87. p. 36. l. 31. in the Margin , r. Rot. Parl. 13 Eliz. n. 1. Notes, typically marginal, from the original text Notes for div A29176-e110 a In his Eliz. f. 482. b Title Page . d In the Epistle Dedicatory . e Ibid. f. 481 , 482 , 483. f This is the common Cheat , to call the two Houses , or a prevailing Party in the two Houses , or in one House , a Parliament . So it was in the Reign of Edward II. Richard II. and Charles I. That Rebellious , restless Faction , that murthered them when they were Prisoners , called themselves a Parliament : when as nothing can constitute a Parliament , but the King , Lords Spiritual and Temporal , and Commons , all in perfect Freedom . a Anno Dom. 801. b Anno eod . c Anno Dom. 802. d De Cest . Reg. fol. 8. a. n. 10. e Ibidem . f Chron. Sax. Anno Dom. 854. Flor. Wigorn . 849. g Gul. Malm. fol. 7. a. n. 30. h Chron. Sax. Flor. Wigor . Anno Dom. 836 i Fol. 20. a. n. 30. k Malm fol. 72. a. n. 20. & b. n. 30 Flor Wig. An Dom. 855. l Chron. Sax. An. Dom 854. m Fol. a. n. 40 . An. Dom. 860. n Flor. Wigor . Chron Sax. 866. Malm. fol. 22. b. n. 50. o Ibid fol. 2● . a. n. 4● . Chron. Sax. An. Dom. 871. Flor Wig. p Ibid. Anro Dom 901. Malm. fol. 25. n. 40. q Chron. Sax. An. Dom. 925. r Both in An. Dom. 924. f Lib. 2. cap 6. fol. 27. a. lin . 27. t Lib. 1. C. 6. u Ibid fol. 29. lin . 32. x Ibid. n. 10. y Ibid. fol. 27. l. 28. z Chron Sax. An. Dom 941. Flor. Wig. Sim. Dunelm 940. a Ibid. Anno Dom. 946. b Fol. 30. a. n. 50. c Chron. Sax. Flor. Wig. An. Dom. 955. d Nothing of this story in the Saxon Chronology . e Chron. Sax. An. Dom. 957. f Fol. 30. b. n. 40. g Chron. sax . An. Dom. 575. Flor. Wigor . 975. Sim. Dunelm . 975. h Ibidem . i Malms . fol. 33. b. n. 40. k Flor. Wigor . An. Dom. 978. Sax. Chron. An. Dom. 973. l Faed . Aelsr . & Guthr . c. 1. Lanob . fol. 36. m Aelfred . vit . Appen . 7. fol. 210. n Ingulph , fol. 507 , b. lin . 5. Anno Dom. 1016. o Ibid. p Ibid. Anno Dom. 1017. q Fol. 509. 2. lin . 2. r Lib. 2. c. 12. s Flor. Wigor . Anno Dom. 1040. t Fol. 164. c. u Flor. Wigor . Anno Dom. 1042 , 1043. x Malms . f. 450. n. 10 , 20. y Gemet , lib. 6. c. 9. z Ibidem . a Col. 371. n. 30 , 40 , 50. b Sim. Dunelm . Col. 189. n. 20. c Ingulph , f. 511. b. n. 50. d De Geneal . Reg. Angl. Col. 366. n. 50. b Vit. Aelfred . fol. 9. lin . 4. sect . 9. c Testam . Aelfred . Asser . f. 22. n. 20. d Flor. Wigor . Anno Dom. 860 , 86. e Vit Aelfred . f. 9. in Not. f fol. 584. g Flor. Wigor . Anno Dom. 975. Sim. Dunelm . Ibid. h Sim. Dunel , Flor. Wigorn. An. Doth . 924. i Malms . de gest . Regn. l , 2. c. 6. f. 27. a. lin . 27. k Flor. Wigorn. An. Dom. 946. Enecomlum Emmae , fol. 164. B. Ibid. c . f Ibid. 174. A. B. g Cul Genment . hb 6. c. 9. h Ibidem . i Ingulph Histor . hine fol 512. b. n. 40. k Fol 181. D These three last Authors were living at that time l Eadmer . f. 5. n. 10. m Ibid. n. 40. n f. 632. AnDom . 1066 o Anno Dom. 1066. p fol. 511 , b. n. 50. q Gul. Gemet . lib. 5. c. 12. r Ibid. f R. Hoveden . f. 425. a. n.20 . t Fragment . de Gul. Conquestore , f. 32. n. 30. Ord. vit . f. 659. C.D. v Ibid. n. 20 , 40. Ord. vit . ut supra . x Ibid. f. 663. B. y Flor. Wigor . f. 642. z Degest . Reg. f. 67. n. 20. Paris , f. 14. n. 10. a It was then the custom for Bishops to make Knights Septemb. 27. F. 642. 1088. b Malms ut sup . lin . 49. c Flor. Wigor . ut supra . These English were Stipcndiary Soldiers , Paris , f. 15. n. 10. Fol. 650. lin . 9. F. W. died 19 Hen. 1. d Ibid. lin . 27. e Ibid. lin . 41. Fol. 59. n. 10 , 20 , 30. Eadmer was Anselm's Chaplain at this time . a Fol. 88. a. n. 20 , 40. Flor. Wigorn. f. 649. l. 27. b Paris , Anno Dom. 1100.fol . 55. lin . 42. Patis died , An. Do. 1259. Brompton , 1326. Westminister , 1377. Knighton , 1380. c C. 8. Col. 2374. c C. 8. Col. 2374. d Malms . fol. 93. a. lin . 36. a Ibid. fol. 99. a. n. 40. b Ibid. c Malms . s . 100. a. n. 40. d Paris , f. 61. n. 50 , f. 62. n. 10 , 20. e Iid. 61. lib. ult . 62 , lin . 1. &c. ibid. lin . 23. f Ibid. 6. . n. 10. g Ibid. f. 73. n. 20. h Malms . Hist . North. f. 100. b. n. 30. i Vid. hic . f. 105. b. n. 40. omne Reguum Augl . simul & Ducatum Normaniae . k Pitsius in that Year , Col. 505. n. 40 , 50. l Malms . n. 10. m Ibid. n. 40 , 50. n Ibid. n. 20. Ibid. 101. b. n. 10. b Ibid. 105. b. n. 20 , 30 , 40. Malmsbury , says he was present in this Council . Ibid. lin . 26. c Ibid. f. 106. a. lin . 1,2,3 . d Ibid. f. 107. n. 10,20,30,40 e Ibid. f. 108 . a. n. 30 , 40 , 50. f Gervas Dorob . Col. 1375. n. 10. Paris , f. 86. n. 10. Hoveden , f. 281. a. lin . 21. g Fol. 246. n. 10. An. Dom. 1153. This Accord was made at Wallingford , by the diligence , of Arch-Bishop Theobald and Bishops of the Kingdom . h Ibid. n. 30. Anno. Dom. 1154. i Hoved. f. 372. b. 40,50 , f. 373 . a. lin . 7. k Ibid. n. 50 & b. lin . 7. Quod fidem portabit Regi Angliae Richardo , Regis Hen. filio , &c. l Ibid. f. 374. a. n. 10. m Of Normandy . n Rad. de Diceto , Col. 647. n. 40 , 50. o Ibidem . Hoved. f. 398 . b. n. 30,40,50 , &c. 399. b. n. 40. An. Dom. 1191. Ibid. f. 41 2 . a.n . 40,50 . Anno Dom. 1193. Ibid. 6. lin . 1. &c. q Ibid. f. 417. b. n. 30. Anno Dom. 1194. r Ibid. f. 418. a. n. 40. ſ Ibid. b. lin . 6. t Ibid. n. 20. v Ibid. f. 428. a. n. 20. Anno Dom. 1195. 6. Ric. x Ibid. f. 449. b. lin . 37. y Fol. 450. b. n. 10. King Richard died , Apr. 6. 1199. z Ibid. n. 40. a Homines Regni could be no other , seeing Fealty and Homage was due only from such as held Lands subject to that Service . b Ibid. n. 40. c Ibid. n. 50. d Ibid. f. 451. a. n. 10. King Richard died , An. Dom. 1199. e Paris , f. 197. n. 20. f Ibid. n. 30 , 40. Note here Successione haereditaria eligere , which can signifie nothing but to recognize , and acknowledge him King by Hereditary Succession g Col. 1281. n. 40 , 50. h Col. 1338. n. 30. i Moderat Feod . Mag● . Sigilli . Paris , f. 289. n. 10. k Ibid , 279. n , 20. l Ibid. 282. n. 10. m Ibid. 296. n. 40. 297. n. 30. 299. n. 20. n Paris , f. 288. lin . 2. Westmin . f. 276. n. 40. o Paris , f. 488. n. 30 , 40. p Ibid. f. 654. n. 20. q Ibid. f. 527. n. 40. Anno Dom. 1240. r Ibid. f. 994. n. 50. Brief . History of Succession , f. 6. f Vid. Preamble to the Ordinantes made by an extorted Commission to certain Ordainers , dated Mar. 16. 3 Ed. 2 . but not executed until the fifth of his Reign . Ordinance , 13 , 14 , 16. Rot. part . 5 Ed. 2. Tho. Walsingham , f. 113. lin . 48. t Vid. Memoranda Parliamenti , 9 Ed. 2. apud Lincoln . v Walsingham f. 116. n. 20 , 30 , 40. x Great Stat. Rol. ab Hen. 3. ad 21 Ed. 3. m. 31. Bib. Cott. Claudius , D. 2. f. 232. a. y Oxford Provisions , 42 H. 3. z Walsingham , f. 115. n. 40. a Ibid. f. 119. n. 20. b Ibid. f. 120. n. 20. c Ibid. n. 40. d Ibid. f. 121. n. 30. e Ibid. n. 40. & Cl. 20. Ed. 3. m. 11. Dors . f Walsingham , ibid. n. 40. g Cl. 19. Ed. 2. m. 2. h F. 122 , n. 10. She was generally reported to be a vile Woman ; cruel and unchast . i Ibid. f. 125. lin . 49. k Ibid f. 123. n. 20 , 30. l Ibid. f. 125. n. 30. m Ibid. n. 50. n Cl. 1. Ed. 3. Part 1. m. 3. Dors . o Wals . f. 127. lin . 36. p Ibid. n. 40. Kinghton says , Octabis Epiphaniae , Eight days after Twelfth Day . Col. 25●9 . n. 50. q Walsingham , f. 126. n. 20 , 30. Ibid. lin . 39. r Ibid. n. 40. ſ Ibidem . t Cl. 1. Ed. 3. Part. 1. m. 28. Walsingham , f. 126. n. 50. Note de Consilio & Avilamento , not ●lectione , &c. Rot. Parl. 4 Ed. 3. n. 1. Ibid. n. 2 , 3 , 4 , 5. Rot. Parl. 50. Ed. 3. n. 40. al. 50. v Walsingham , fol. 193. n. 40. Ibid. f. 195. n. 10. x Third Vol. of Chron. f. 508. n. 50. Walsingham , f. 358. n. 50. a Ibid. f. 359. lin . 1. b Rot. Parl. 1. H. 4. n. 52. c Ibid. n. 53. d Ibid. n. 54. e Ibid. Suae voluntatis . f Sir J. Haward's Life of Hen. 4. p. 98. Ibid. p. 99. b Rot. Parl. 39 H 6. n. 11. Ibid. n. 12. Ibidem . Ibidem . Ibidem . Ibidem . Ibidem . Ibid. n. 13. Ibid. n. 14. Ibid. n. 15. h Cap. 2. Ibid. n. 17. Ibid. n. 18. Lib. 22. sub initio , fol. 433. n. 30. i Edw. I. was in Palestina when his father died , yet acknowledged K. before his return . K. John was acknowledged King before his Coronation also . k Fol. 7. The words are Concilium Principum convocandum curat . If this was a Parliament , he must be King before be could call it . m He means the Act of Entail of the Usurpation , 7 H. 4. c. 2. n Rot. Parl. n. 9 , 10 , 11 , 12 , 13 , &c. Ibidem . Ibidem . Ibidem . Ibidem . Ibidem . o Exact Abridgment , fol. 712. In this Abridgement the whole Record of 1 R. 3. is printed . p Ibid. fol. 713. Ibidem . q Ibid. f. 714. Ibid. f. 717. Election here signific nothing but Recognition . r Bacon's Hist . f. 7. ſ Rot. Parl. 1 H. 7. * In Cotton . 1. Libr. Cleopat . E. 3. * It is true , if 〈…〉 in right of his Queen . And note , He prefers his Title by Conquest and Succession , before that by Ad of Parliament . † Ibidem . Cap. 22. * 〈◊〉 the 〈◊〉 and H●ir of 〈◊〉 Houses of York and Lancaster . Pult. Stat. f. 628. 630. Ibid. ● . 633 Ibidem . Ibis . f. 631. Ibid. f. 632. Ibidem . 1 Mar. Session . 2 . c . 1. Eliz. c. 3 . a 1 Jac. c. 1. b Ibibem . c Ibidem . d Ibidem . c 4 Instit . f 52. f Pult. Stat. g Com. Jo●●a . mar . 29 Maii. fol. 39. Sei Camden's Eliz. An. Dom. 1568 , 1569 , 1570 , 1571. h Ibid. fol. 171. i Ibid. 149. k Ibid. f. 1570. l Ibid. f. 118. m Ibid. f. 126 , 127. n Ibid. f. 128. o Ibid. f. 118. p Ibid. f. 107. * Compleat Ambassador , Queens Letter , f. 66. Burleigh's Letter , f. 69. Queens Letter , f. 83. & Qu. Let. f. 106. † Ib. f. 105 , 108. June 7. 1571. Ibid. f. 96. * Sabbati , 21 Apr. 1571. fol. 18. b. * Rast . Stat. tit . Treasons , n. 27 f. 5 54. a Ibid. b. Ibid. f. 554 b. Ibidem . This Clause was mainly intended against the pretended Authority of the Pope , by which he deposed her . * 28 H. 8. c. 7. Pult. Stat. * 1 Eliz. c. 3. Ibidem . Ibidem . Camd. Eliz. f. 73. A. D. 1564. ‡ Ibidem . Ibid. fol. 75. Jus Successionis . Ibid. fol. 83. Ibid. & f. 84. Ibidem . * Ibid. f. 89. * Ibidem . * Mercur. 28 Maii. 1572. fol. 53. * Compleat Ambassador , fol. 219. 
A27115	----	The royal charter granted unto kings, by God himself and collected out of his Holy Word, in both Testaments / by T.B. ... ; whereunto is added by the same author, a short treatise, wherein Episcopacy is proved to be jure divino. Bayly, Thomas, d. 1657? This text is an enriched version of the TCP digital transcription A27115 of text R17476 in the English Short Title Catalog (Wing B1514). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 199 KB of XML-encoded text transcribed from 91 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A27115 Wing B1514 ESTC R17476 12012113 ocm 12012113 52433 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A27115) Transcribed from: (Early English Books Online ; image set 52433) Images scanned from microfilm: (Early English books, 1641-1700 ; 81:16) The royal charter granted unto kings, by God himself and collected out of his Holy Word, in both Testaments / by T.B. ... ; whereunto is added by the same author, a short treatise, wherein Episcopacy is proved to be jure divino. Bayly, Thomas, d. 1657? [30], 144 p. [s.n.], London : 1649. Attributed to Thomas Bayly. Cf. BM; erroneously attributed to Thomas Browne. Reproduction of original in British Library. eng Divine right of kings. Great Britain -- Kings and rulers. A27115 R17476 (Wing B1514). civilwar no The royal charter granted unto kings, by God himself: and collected out of his holy Word, in both Testaments. By T.B. Dr. in Divinitie. Wher Bayly, Thomas 1649 36848 628 0 0 0 0 0 170 F The rate of 170 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2005-07 TCP Assigned for keying and markup 2006-02 SPi Global Keyed and coded from ProQuest page images 2006-08 Elspeth Healey Sampled and proofread 2006-08 Elspeth Healey Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion Diadema Regis in manu Dej Esaj . 60.3 . DIEV ET MON DROIT Ps. 36.6 . FLOS Jesse , Iudaeque Leo , sacra quem LYRA Laudat FLORES atque LYRAM CAROLIQUEtuere LEONES THE ROYAL CHARTER GRANTED UNTO KINGS , BY GOD HIMSELF . And collected out of his holy Word , in both Testaments . By T.B. Dr. in Divinitie . Whereunto is added by the same Author , a short Treatise , wherein Episcopacy is proved to be Jure Divino . Matt. 22.21 . Da Caesari quae sunt Caesaris . Job 14.7 . There is hopes of a Tree , if it be cut down , that it will sprout again , &c. Sublato Episcopo tollitur Rex . King Jame's Bas. Dor. LONDON , Printed in the Year 1649. Chara dei Soboles magnum Jovis incrementum . THe Of-spring of so many Loyal showers of blood and tears , and Heir apparent to all the love and affection that Your royall Father had first purchased , and then intail'd upon You by a deed of Martyrdome : The Anchor of hope which we expect daily to be cast upon Englands shore , by the hand of providence : Hope hath for a long time brought up the rear , but now shee 's in the van of all Your squadrons ; and when the Sun is once set in an Island , how can it rise again but out of the water ? may the sighs of Your People fill Your sailes with such a prosperous gale , as may land You safely upon English ground , and seat You in Your Fathers Throne ; ●ay the flower of Jesse ▪ and the true Lion of the Tribe of Judah , whom the sacred Harp so often praised , defend all Your Lyons , Harp and Lillies . Never was there a Prince , whose People were all Prophets , and whose Prophets did all center in their Princes future happinesse before : whilst the Enemy stands like the every-where wounded man in the Almanack , pointed at by all the caelestiall signs ; never was their an Army , who gloried so much in their strength , when they are not able to stand , by reason of the slipperinesse of the ground undar their feet , made so , by the tears of the People , and the Bloud of their Soveraign . Nothing but Your Majesties Royall Fathers sufferings could have made Him so famous and them so imfamous : Nothing but that could have made the People know the difference between a Golden Cepter , and an Iron Rod . Your Father had been now living , had He been lesse wise : and he had not been put to death , had not His People loved him too well . Was ever Prince put to death by two such hands ? They forced the Laws to take away their own life ; they made Wisdome to sley her own children , by whom shee should be justified ; and the love of the People the murderer of their own darling : who can help it ? to cure the Kings evil requires a royall hand . I doe not teach my pen so high ambition as to undertake such cures : but it may be Inke will serve to cure a tetter or a wring-worm , if it doe but so , I shall think my pains well bestowed , and my duty highly approved of , if , when I have presented this Royall Charter to Your Royall hand , it may be graced with Your Princely Eie ; being it proceeds from as loyall a heart as can direct a pen how to subscribe the pen-man Your Majesties most faithfull and loyall Subject T.B. To the Reader . Reader , THis wretched Kingdome , lately the envy of other Nations , and now the object of pitty to all but to her selfe ; upon whom , Peace had long doted , and dandled their Kingdomes in her lap ; whose natives , as though they had clipt the wings of Peace , so that she could not flie away from them , nor make the happinesse of peace , once common to all the world , now an inclosure , within the broad ditch of their narrow Seas , and the strong fence of their innumerable Ships , having attain'd to all the prosperity and happinesse that such Sun-shine daies could ripen ; Shee fell from thence into the most bitter War , that the greatest plenty could uphold , and thence into the greatest miseries , that the highest pride could cast her downe ; and now lies plunged in all the miseries of a Civill War : whose direfull effects are as remedilesse , as those , whose causes are not to be found , and as far from redressing , as is the malady for which no reason is to be given : though we cannot fathome the depth of these our unserchable miseries , nor dive into the bottom of this Ocean of calamities , yet let us wonder a little , how we could squander away so great a share of that felicity , which we once enjoyed ; out our selves of possessions so full stockt with blessings , trifle away , not sell , our birth-rights of Peace , for a messe of pottage , that hath death in the pot . If for Religion we have fought all this while , when did the Church change her weapons ? must prayers and tears be turned into pike and musket ? did God refuse to have his Temple built by David a man after his own heart , because only his hands were bloudy ? and will he now be contented to have his Church repaired , and her breaches made up with skuls and carkasses ? must bloud be tempered with morter that must bind the stones of his Temple in Vnity ? or are the smitings of brethren , strokes fit to pollish her stones withall ? Hath God refused the soft voice to remaine in thunder ? or hath his spirit left the gentle posture of descending downe upon his Apostles , to the approaching of a mighty and rushing winde ? To go about the reforming of a Church by humane strength , is as quite opposite to the nature of Reformation , as is the going about the repairing of a Castle wall with a needle and thred . He that looks for such inestimable goodnesse within Iron sides , may as well looke to find a Pearle in a Lopster . No , no , the Church must not be defended with Helmets , the risisters of blows , but with Miters which have received the cleft already ; not by broken pates , but by cloven tongues : not by men clad in Buffe , but by Priests cloathed in righteousnesse : Decitions in matters of faith , must not be determined by armour of proof ; nor did the sword of the spirit ever make way to the conscience by cutting through the flesh . He therefore who takes up Armes against his Soveraigne , with pretenses of defending his Religion , doth but take such courses , as are condemned by the same Religion he would defend ; and indeed he doth but make Religion his stalking-horse , to blind him , whilst he aimes at that , which he would have least suspect him , which when he hath effected , he meanes to get up upon the horse and ride him at his pleasure : they pretend the good of the Church , when , you may be assured , they intend nothing more , then the goods thereof , and like dissembling Lapwings , make a shew of being nearest the nest , when they are furthest of it . If we Fight for our Liberties , what Liberties are they that we Fight for ? if for Liberty of Conscience , what doe you meane thereby ? if by Liberty of Conscience you mean , that it shall be lawfull for every one to chuse his owne Religion , or to be of his own opinion , those are things which we ought not to have , much lesse to Fight for ; for then let us not blame every panim that bakes his cake to the Queen of heaven , or every ignorant votary , who creeps to his own Image , or makes his own Idoll ; for in this kind of Liberty , we do but sacrifice unto the net wherein we see our selves caught , and burne incense to the drag that hales us to destruction . Christians are not to be at such liberty , loose Christians are but lost men ; true Christians will be contented to be bound up in the unity of the same spirit , and the bond of peace : if the bond be broken , the sheaf of corn is but so many loose eares , and no way fit to be carried into the Lords barne : if we be sons and daughters , let us belong all to one house , if we be servants , let us be all of one family , if we be lively stones , let us be all of one building , if we be severall grapes , let us be all of one cluster , if we be severall clusters , yet let us be all of one vine ; if we be saints , let us have a communion , for this is it which is called the communion of Saints , this is it which is called Religion , which commeth of the word Religando , which signifieth to bind . Wherefore for a man not to thinke himself bound to those Articles which the Church proposes , is to be of no Religion , and to fight for this , is to fight for nothing : and if by Liberty of the Subject , you mean liberty from oppression , I know not any man or woman of any quality or condition what soever , that knows what belongs to any such thing , except it be some few , who have liberty to do what they will with all the rest . If we fight for the property of the Subject , I beleeve the Subjects have so altered the property of their goods , that had they but their old properties restored , they would not think it good sighting for a new ; their expectations being so much deceiv'd , that instead of fighting for the property of the Subject , they rather see themselves subjest to have all things in common . If we fought for the Laws of the Land , whose Laws are they ? are they not the Kings ? will he not maintaine the foundation of his house from sinking ? will he not maintaine his leggs under him ? are they not supporters of that body politick whereof he is the head ? nay , doth he not maintaine himself when he maintaineth them ? for the King and his Lawes may be compared to God and his word , both inseperable : for as God is the word , and the word is God ; so the King is the Law , as the life thereof , and the the Law is the King , as the body of that soule , wherefore there needed not any fighting against the King for this , except it be by those , who would be Kings themselves . And for priviledges of Parliament , I remember to have read of Jack Cade , in the Reigne of Richard the second , who comming up as far as London-stone , and resting himselfe thereon , vowed that within three daies , there should be no other Law , but what did proceed out of his mouth : now if it stand with the privilidges of Parliament to have a few Jack Cades , relying on their London-stones , to tell them what they must doe , and they will have ; if it stands with the priviledges of Parliament ; to have Tumults to drive away their King , Armies to awe themselves ; Countries to send up their Inhabitants in multitudes with Petitions in their hats , cudgels in their hands , and threatnings in their mouths ; so that the King was faine to slash the Citizens from White-Hall , and then the Parliament , the Country-men from Westminster-Hall , then they have fought to some purpose : but suppose that the Parliament did really Fight for all these particulars ; so did the King too ; so that the King may safely expostulate with His Parliament , as S. Paul did with the rest of the Apostles , are ye fighters for the Protestant Religion ? so am I : are you for the Liberties of the Subject ? so am I : are you for the Laws of the Land ? so am I : are you for the properties of estates ? so am I : are you for the priviledges of Parliament ? so am I : and in all these things I have laboured more abundantly then you all ; where lies the quarrell then ? it must consist then in nothing but this , that they do not believe one another , in that they both fight for one and the same thing , the meanes of reconciliation is taken away : for should they differ in their grounds , the Law may be Judge between them , reason may be judge , the world may be judges : but rebus sic stantibus , instead of having reason to fight , we do but fight against reason , both contend for the same power , like the two women that contended for the same child : Solomon judg'd the child to belong to her who would rather part with it all , then have the child divided : Now the Parliament would have this powerfull child divided , half to the King , and half to themselves : the King rather then so , is contented to lose all : in whom there is most affection and pitty , in him is the right of true parentage : but because there are no Solomons in this age , let us go the down-right way to worke . The two Houses gave out that they fought in defence of the Kings Person , Crown and Dignity , do ye beleeve them ? don't ye believe the King did ? the Parliament said they ●ought only to bring him to his Parliament , was the Parliament at Holmeby house ? or was it at Carisbrook-Castle in the Isle of Wight ? was he in honour , or was he dignified by being there ? have they not fought then all this while upon a false ground ? have not they given themselves the lie ? and will you believe them still ? but instead of being instructed by Solomons divided child , they divided their Solomon . O Country-men , do but remember what ill luck the Nation hath had , by imprisoning their Kings : when they had imprisoned the old Lyon and the young within their grates , the 3 Henry and his son ; did they not , like the inclosed wind , make the whole Land shake ? had not the whole Kingdom a shrewd fit of an ague then ? did they not ( lik● fire too close beseiged with clouds ) sally out in thunder and lightning , to the terrour and destruction of all thos● who stood in the way ? what successe● had the imprisonment of Edward 2 ▪ upon his imprisonment followed his deposement , and the murder of his person was a consequent of the deposement of his dignity , but what becam● of those who did it ? is there one remaining of the name of Mortimer ? was not that Mortimer , who was the cause of his Imprisonment , beheaded ? were not all those who had a hand in it condignly punished ? Nay , was not the immediate heire of this too much conniver at his fathers sufferings , and too ready accepter of his fathers office ▪ imprisoned , deposed and murdered in like manner ? and what successe ( I pray you ) had the imprisonment of Richard the 2 ? it cost the Kingdome whole ages of miseries , 80 of her Nobility , and 100000 of her Commons , & the disposing of all her Royall Roses in their budds , and before they were halfe blown , untill they was but one of a colour left in the Royall Garden of Great Brittaine ; and they being Married , made such a composure of Red and White , as blushing at the former mischiefs : and it is worth your observation , how that the last two Kings ( to save their lives ) resigned their Crowns , and so lost both ; whereas the former , by keeping his Crown upon his head escaped the blow . Let all these base begotten meteors appear glorious for a time , till by their yeilding more and more to aire , they fall to earth ; whilst Kings , like Suns in firmaments , look biggest when they are going down , with confidence that they shall rise againe . Lastly , Henry 6. and his son must be Imprisoned and murdered , to make way for Edward 4. and Edward 4. his two Sons and heires must be Imprisoned & murdered to make way for Richard 3. and Richard 3. murders these two little Children , and Henry 7. slayes Richard 3. with infinite of his followers , for his usurpation : if you go on with your worke , you see your wages ; Gods hand is not shortned , but stretched out still , and he is as great an enemy to such proceedings as ever he was : He is yesterday , and to day , and the same for ever : Do ye thinke that ever ye shall have Peace till the King be restored ? ye may as well expect the needle of the Compasse to leave its treppidation before it point at the North Pole , as to find quietnesse in the Land before the hearts of the people turne to their Soveraigne . Do you not see that the Parliament cannot bring any thing to maturity , and what 's the reason ? but because their labours will not admit a Treaty with the Sun . Good men should endeavour to take off , not verefie that saying of Maximilian the Emperour ( as Johannes Aventinus witnesseth de bello Turcico ) viz. that the Emperour of Germany was Rex regnum , because his Princes were so great : the King of Spaine was Rex hominum , because his people were so obedient : that the King of France was Rex asinorum , because they bare such heavie burdens but the King of England was Rex Diabolorum , because the people use to treat their Kings so wickedly . Now Reader , whether thou be'st christian , or kind , or courteous , or otherwise ; whether thou be'st for one , or other , or neither , or both , yet as thou art an English-man , suffer not thy self to be so abused , and thy Country so ruined , by the names of King and Parliament , Religion , and Liberty , Priviledges and Properties , for many a Snake lies under the strawberry leaves of such pretences , and stings you ere you be aware , and feeds you with poisons instead of dainties ; but return to your old obedience , if you would return to your old Peace , and if you would have God speed the Plough , begin to cry , GOD SAVE THE KING , that we may once more hear the voice of joy and gladnesse amongst us , that our Oxen may be strong to labour , that there may be no decay , no leading into captivity and no complaining in our streets ; that every man may sit quietly under his own vine , and his own hands pluck his own grapes , that the mowers may fil their sithes with their own rights , and the reapers bind up their sheaves in the bonds of justice . One word to thee O thou Great City , the pantapolis of all miseries : the seminary of Rebellion , the magazine of Gunpowder Treasons , the treasury of the wages of iniquity , the Tower against David , wherein hangs so many shields and bucklers ; the Mart Towne for conspiracies ; you nursed up this Rebellion when it was but tender ; you both fed and taught it , when it was but young : you maintain'd it in its wantonnesse , when it was in its youth ; when it came unto its full strength , ye gloried in your production ; and now Rebellion is in its declining age , you ceres its wrinkles , you lend it artificiall eyes , leaden its gray haires , lend it your staffe for fear it should fall ; and now at last you help it to crutches when it cannot otherwise go : take my advice , and judge not salubrity by sweetnesse , a plaine dealing friend is like those sawces which a man praises with teares in his eyes ; though you have brought it to this , yet cast off the old man of sin , and put on the new man of righteousnesse . An Eagle reneweth her age , saith David , David saith so , and therefore you must believe it : but how it is done ? you must be advised by Plyny ; when the Eagle hath surfeited by reason of her age , not being able to digest so great a quantity of bloud as formerly shee was wont , shee bathes and molts her self in a fountaine , untill all her feathers fall away , and beats her beak against a rock , untill it loosens and fals off , and thus with renewing of her bill and feathers , in a manner , shee becomes young againe , Now after seven years sucking of the bloud of innocents , if ye find your aged stomakes to be fil'd up to your consciences , like the Eagles bath and molt your selves in the tears of repentance , untill your Peacocks plumes come downe , and strike with the fists of contrition , upon your hard and stony hearts , so you shall become new men ; new to God , new to his Vicegerent , new to your selves ; which will be the best newes , that hath been cried in your streets these many years . And as you have been principium & caput , so be but finis hujus rebellionis , and habebis laudem ex illa , Rom. 13. and as it hath been your fault to begin this Rebellion , so let it be your vertue to make an end of it , for if you will not make an end of it , there will be an end of you . THE CONTENTS . CHAP. I. GOd himself was the first founder , and the first that instituted the Office of Kings . pag. 1 CHAP. II. The people cannot make an Anointed King. 9 CHAP. III. The meaning of the Anointing of Kings . 11 CHAP. IV. The reason why they are called the Lords Anointed . 19 CHAP. V. Bad Kings are the Lords Anointed as well as good . 25 CHAP. VI . It is not lawfull upon any pretences whatsoever to depose , or so much as touch the Lords Anointed . 29 CHAP. VII . What is meant by touching the Lords Anointed . 39 CHAP. VIII . That Kings now adayes are to be had in the same veneration and esteeme as the Kings of Judah and Israel were , notwithstanding our Christian Liberty . 50 CHAP. IX . That a King failing in his duty , and not performing those things which he hath sworn unto at his Coronation ( so solemnly ) yet the people are not dis-obliged in their obedence unto him . 57 CHAP. X. Touch not mine Anointed , Psal. 105. meant by Princes , and not otherwise . 65 CHAP. XI . The Objection of the ten Tribes revolting from Rehoboam , Answered . 72 CHAP. XII . The Objection of Jehu slaying his Master Joram , and taking the Kingdome upon him Answered . 79 CHAP. XIII . A discourse concerning the necessity and excellency of Monarchy . 83 CHAP. XIV . That there is no such thing as a Free-State in the World . 93 CHAP. XV . A Discourse concerning Episcopacy , proving it to be Jure Divino . 112 The Royall Charter GRANTED UNTO KINGS , By God himselfe : CHAP. I. Who was the first founder , or the first that Instituted the Office of KINGS . WEE say some people were the first that desired them , and moved for them , and had them , and chose them . And all the people went to Gilgall , and there they made Saul King before the Lord in Gilgall . 1 Samuel 11.15 . 1 Samuel ● . 5 . Soft and fair , good people ; do not ●istake your selves ; you desired , and moved for , and would have , and had a King ▪ but God gave him you : I gave thee a King , O Israel , in mine anger , and I too● him 〈◊〉 ●n my wr●th . Hosea 13.10 , 11. According to this we read , Acts 13 . 2● ▪ They desired a King , and God gave unto the● Saul , &c. And for your making of ● King at Gilgall ; your making was bu● approving , and applauding him , tha● was made already ; for Saul was bot● made a King , and confirmed King , an● executed his Office , before the people a●● said to have made him King in Gilgal ▪ He was anointed King over Israel : 1 Sam. 1 ▪ 1. he was confirm'd by signs . 1 Sam. 10.2 , 3 , &c. He executed his office . 1 Sam. 11.7 , ● ▪ God first , sent . And secondly , shewed . And thirdly , chose . And fourthly , Anointed . And fifthly , found them out a Kin● before ever i● is said , they made him . First , God sent him ; I will send thee man out of the tribe of Benjamin , and thou sh●●● anoint him to be Captain over my People . Secondly , God shewed him ; for n●●ther the people , nor any of the Sain● nor the Elders of Bethlehem , no , nor Sam●●l himself , knew not where to find this 〈◊〉 〈◊〉 Kings , till God said , This is he , he shall ●ign over my People , 1 Sam. 9.17 . Thirdly , God chose him himself ; and ●●muel said to all the people , See him ●●om the Lord hath chosen : Sam. 10.24 . 〈◊〉 the people ma●e him themselves , or ●●uld make him , what needed they to ●●ve come unto Samuel to bid him ; make 〈◊〉 a King to judge us ? Sam. 8.5 . and to 〈◊〉 , give us a King ? which deprecation ●as indeed no otherwise , then as if they s●ould have desired Samuel to have asked a King for them of the Lord ; for so it ●●ems by the sequell , for immediately h●reupon Samuel went unto the Lord , and declared their importunity , and the Lord said , that he should hearken unto the ●●●ce of the people in all that they said unto him , ●●rse 7. and this most certain and agreea●le unto 1 Sam. 1. where Samuel tels 〈◊〉 people ; Yee have this day rejected your 〈◊〉 , &c. and have said unto him , set a King 〈◊〉 us . Fourthly , God Anointed him ; Samuel took a Violl of Oyle & powred it on his head , 〈◊〉 kissed him , and said , is it not because hee 〈◊〉 Anointed thee to be Captain over his in●●●itance : Sam. 10.1 . Fifthly , God found him out for them , where he was hidden from them ; for when all the Tribes of Israel were come together , and the Tribe of Benjamin was taken , and the families of that Tribe drew neer ; & the family of Matry was taken out of those families , and Saul the son of Kish from thence : 1 Sam. 10.20 ▪ 21. ( the smallest Tribe , the least family , the poorest Benjamite , as shewing us that Kings were not to have derivation from the mighty people , but from the Almighty God : Sam. 9.21 . ) the people sought him , but they could not find him , so that they were fain to enquire of the Lord for him , , and the Lord shewed them were he had hid himself in the stuffe : 1 Sam. 12.22 . so that all that the people of Israel had to doe , either in the Election , Institution , Nomination , Creation , or Invention of their first King , was ( when God had done all this ) to shout , and say , God save the King : 1 Sam. 10.24 . And for their making a King , after all this in Gilgall , it could be no otherwise then their approbation of him , who was thus made by God already . Neither was God only the founder of the first King of the Jews , but of all the rest also : He was Davids founder too , I have found David my servant , with my holy Oyle have I Annointed him : Psal. 89.20 . It was well for David , for he should have been but a poor King , if he had been but of the Peoples finding ; and it may be they would not have knowne what to have made of him when they had found him . David was not filius populi , but Dei , the sonne of God , not of the people : Psalm 89.26 . He was neither exalted of the people , nor chosen of the people ; I have exalted one chosen out of the People , said God , ( verse 19. ) but the exaltation was Gods , and the choice not of , ●ut out of the People . Kings are not children of the most voices ; but children of the most high : Ps. 82.6 . yet the approbation of the People may serve ad pompam , but not ad necessitatem ; it may add somthing to the solemnity , but nothing to the essence of the constitution ; what was divinely given , may be humanely received , and so are Kings . Neither will we speak of the King , or the first of the Kings of Jud●h or Israel , ●ut we will go along with the first King ●hat ere was read of ( if there be not Books antienter then the Books of Moses ) and that was Melchizedec King of Salem ; this Melchisedec is said to have neither Father nor Mother , it could not be said so in regard of his person , for wee all know who he was , and who his Father and Mother were ; he was Sem , the eldest son of Noah , but it was said so , in respect of his Office ; shewing us , tha● Kings , they are not the off-spring of men , but an emanation from the Deity ; and teaching us , that as Kings are not of the Poeples making , so they ought not to be of the Peoples marring , and as they are not the founders , so they ought not to be the confounders of them ; Cujus est instituere , ejus est abrogare , they that institute , may abrogate , they that make , may un-make , what thou buildest thy selfe , thou maist lawfully pull down ; thou maist diruere edificar● , mutare , Quadrata rotundis , but if thou destroyest that which another hath built , thou maist chance to be sued for dilapidations : If a Limner draw a picture , he may alter and change it , and if he dislike it , race it out at his pleasure ; or i● a Carver or Ingraver mislike his owne handy-work , he may destroy it when he pleases ; but if God makes a man after his own Image , and creates him after his own similitude , wee offend God in a high degree , when we cut off , or deface the least part , or member of his handy-work . Now Kings are lively representations , living statues , or pictures , drawn to the life , of the great Deity ; these pictures , for their better continuance , are done in Oyle , the colours of the Crown never fade , they are no water colours ; as Kings with their own statues , will not be angry , though time and age devour them ; yet they will not suffer them spitefully to be thrown down , or shot against ; so God , though he will suffer Kings to dye like men , and fall like other Princes ; yet he will not suffer his character , spitefully to be rased , or his Image defaced ; but though he will have them die like men , yet he will have them live like Gods . And if all this be not proof sufficient , you shall hear God the Father , God the Son , and God the Holy Ghost affirm as much . God the Father plainly affirms , John 10.34 . Dixi dij estis , I have said ye are Gods ; but if the stroke had been in the People , then it should have been , Nos diximus , dij estis , we have said ye are Gods . God the Sonne told Pilate Thou shouldest have no power except it were ( data desuper ) given from above ; but if the people had given him that power , then it should have been , Thou should'st have no power , except it were ( data desubter ) given from beneth ; and I am sure the Holy Ghost tels us , per me Reges regnant , by me Kings Reign ; but if they reigned by the suffrage of the People , then it should have been per nos , according to the moderne dialect , they Reign by us ▪ and as long as we think fit , and when wee thinke it fit no longer , they shall reign no more ; they received their authority from us , and we may recall it when we please , and depose them when we list ; for they are but proxies and Attornies of the people : see Buch. de jure Regni Fickerus & Renecherus &c. little thinking how by this powerfull doctrine of theirs , they ( quite contrary to the word of God ) destroy the higher powers , and give the whole Trinity the lie at once : and if these testimonies are not sufficient , I know why they are not , because they never were confirmed by Act of Parliament . CHAP. II. Whither the People can make a King or not . IF the question be asked , whether the people doe make the King or not ? I could no more grant it , then I should grant , that the people made heaven ; but if you ask me , whether the people can make a King ( such a one as they use to make ) if they have not one already of Gods making , they may ; such are Kings , and no King ; not Reges , but Regentes ad placitum , Kings by Election , are alwaies Kings upon condition , and where the condition is so little worth , the obligation is the lesse , and but small security will be required : for my own part I should be a shamed to were a Crown on my head , when the people must raign , and the King stand under the penthouse ; and I had as live they should make me a Iack a lent , for Apprentices to throw their cudgels at me , as to make me a King to be controuled by their Masters , and every Tribune of the People ; for as an invitation to a dinner where there is no meat , is but a distastfull banquet , so the name of a King without its adjuncts , is but a savourlesse renown ; and indeed such as they are not Actu Reges , ●hey do but agere Regem , they are not actuall Kings , they doe but act the part of a King , and I hold him that acts the part of a King an hour upon the stage , to be as reall a King for his time and territories , as the best King by election , who is chosen but for his life ; herein consists the difference , as the one must act his part as the Poets please , so the other must act his part as the people please ; they must have their parts given them , they must act it accordingly , they must not so much as tread the Stage awry ; their subejects are both spectators and judges , and it lies within the favour of the next society , whether or no the Sonne shall come to act the Fathers part . Such Kings as these the people may make ; but to make a sacred and an Anointed King , an established and successive Monarch , a King that hath this Heredit●tem in him , a King that hath this Noli me tangere about him ; whose Writs were alwaies termed , Sacri apices , whose commands divalis jussio , whose presence Sacra Vestigia , whose Thorne is the Lords , whose Scepter is his Rod , whose Crown is his favour , and whose representation is of himself ; the People can no more make such a deity , then so many tapers can make a glorious Sunne , or so many sparks of sprey and faggots , can make a firmament of Stars . CHAP. III. What is meant by Anointing of KINGS . ANointing , in severall places of Scripture , betokens some spirituall grace , as James 5.14 . Call the Elders of the Church , and let them pray over the sick , anointing him with oyle in the name of the Lord : which the Roman-Catholicks call extream unction , though now adaies , we only make use of the extremity , and leave out the unction : and therefore some will have the anointing of Kings to signifie some spirituall grace also , which shall inable him with Religion and aptnes to govern wel ; which when they cease to doe , their anointing falleth off , and they cease to be Kings ; if they be not good , they are none of Gods anointed , and if they be not his anointed , they care not whose they are . This doctrine hath caused the shedding of more bloud then there is now running in the veins of living Christians ; whereas the truth is , it is neither Religion , nor virtue , nor grace , that is meant by this Royall Anointing : Cyrus was Christus Domini as wel as Josias , and Saul as well as David : If Religion were that that did the deed , then Cyrus had not been the Lords Anointed ; if virtue , then not Saul ; if grace , neither : If Religion makes Kings , then there should have been of old no Kings , but those of Judah ; and now no Kings , but those of Christendome . It is Jus regnandi that is meant by this Royall anointing , and Royall Vnction , confers no grace , but declares a just title only ; Vnxit in Regem , he anointed him King , includes nothing but a due title , excludes nothing but usurpation ; gives him the administration to govern , not the gift to govern , well ; the right of ruling , not of ruling right : Kings are anointed with Oyl , to shew , that as they have Thrones to signifie that they are the Cesterns of Justice ; and Crowns to signifie that they are the fountaines of honours ; and Scepters to signifie that the hands which hold them , are the Magazines wherein the whole strength and ammunition of Kingdoms are reposed : so Anointing is a sacr●d signature betokning Soveraignity , ob●dience to the Throne , submission to the Scepter , allegience to the Crown , and supremacy to the Oyle must needs be given , for Oyle will have it : poure Oyle and Wine , and Water , and Vineger , or what other liquour you please together , Oyle will be sure to be the uppermost : the three first ceremonies make him but high and mighty , and puissant , but the last only , makes him sared , and therefore some have maintained that a King is mixta persona cum Sacerdote , whether he be so or no I will not here insist ; but sure I am , that their is much divinity in the very name , and essence of Kings ; which duly considered and believed , that Kings are thus sacred ( as we ought , and Gods word informs us ) we would take heed how we touch , take warning how he tear and rend in peeces , as much as in us lies ( with those leaden Messengers of death ( with their gunpowder commissions ) to fetch the higher to the lower powers , and make the King a Subject to the Subjects wils ) the sacred person of so great a Majesty ; whereas the cutting off but a piece of the lappe of Sauls garment , hath checkt a greater spirit , then the proudest riser up against his Soveraign : We would not speak so despicably of the Lords anointed ; what is the King ? he is but a man , he is but one , he hath a soule to be saved as well as others ; for though all this be true , yet the end for which all this is said , is most false and abhominable , for though it be true , that the King is but a man , yet it is also true , that that man is the light of Israel , 2 Kings 8.19 . wee must take heed how we put it out . And though it be true , that such a piece of silver , is but a piece of silver , yet as it bears Caesars image , and superscription upon it , it is more significant ; & if thou either pare or impare it a jot , if thou art found either clipping , or diminishing of it in the least degree , ●hou dost it to the preiudice of thine own life ; so though a King be but a man ●s in himself , yet as he ●ears the representation of God , and hath his character stamp'd upon him , he is some-what more , if you will believe him that said ●e are Gods , Psalm 82.6 . and therefore we must take heed how we debase or detract ●rom them who represent so great a Dei●y , who by reason of their proximity ●nd neernes unto God in some respects , ●re most commonly of more discerning spirits then ordinary men : for Mephi●osheth , when his servant had so grievivously slandred him to David , he makes but a short complaint , My servant hath ●landred me ; but ( as if he should say , I need not tell thee much , thou hast wisdome enough to find it out ) My Lord the King is as an Angell of God , doe therefore what is good in thine own eies : Therefore because thou art as an Angell of God , and thy selfe art a good intelligence , as all Angels are , doe what is good in thine own eie ; as if he should have said , if thou doest onely that which seemeth to be good in other mens eies , it may be they will perswade thee that the thing was true , wherein my servant slandred thy servant poor Mephibosheth , and he suffer wrongfully . I am of opinion that God gives to every King to whom he communicates his name and authority , this extraordinary gift of discerning ; but because they do not some times make use of it to the end it was bestowed upon them , viz. ( the better government of their severall Dominions ) but are contented to see and discerne with other mens eyes , and to have false spectacles put upon their noses , whereby many a good man suffers : God in his justice gives them over , that in their own particular , and wherein their own greatest good is chiefly concerned , they shall make least use of their own judgements and advise , and wholly give themselves to be over-swayed by the advise of those , whose judgements perhaps is not so good as their own , and whose intentions ( it may be ) are no better then they should be . It is written that the hearts of Kings are in the hands of the Lord , and he disposeth them as seemeth best to his heavenly wisdome ; certainly I would ●ake a little advice from that heart , ●hat is so directed by that hand ; the Kings head never plotted Treason a●ainst the Crown , and no man can wish ●etter to His Majesty then the King . I ●peak not this in derogation either of the Great , or Privie Councell ( for it is ●ritten , in the multitude of Councellors there 〈◊〉 safety ) but in defence only of these ●ons of Oyle , who are supreme in both . And as it is true that the King is but ●ne man , so it is also true , that one man ●s worth ten thousand of the people ; ●hou art woth ten thousands of us ( though all ●is worthies were in place ) 2 Sam. 18.3 . ●nd though it be true , that the King ●ath a soul to be saved as well as others , ●et it is also true , that he should have ●o body to be crucified by his Subjects , ●nd out of his dis-esteem of the person , the ceremonies of State ( as Anointing , ●itting in Thrones , holding of Scepters , ●nd Coronation it selfe ) being to be ●xploded now a daies ; and who look'd ●or it otherwise , when the lawfull and ●ecent Ceremonies of the Church , were ●alled reliques of Popery , and raggs of the Whore of Babilon : was it otherwise ●o be expected , but that they would call these ceremonies of State , Theatrica pompa : Stage-plaies , toyes : Tush say they , what need all these● fopperies , a Kings Throne is his Justice , his Crown his Honour , his Scepter , and cheifest strength , the peoples hearts , his holy Oyle , is his Religion , and zeal to Gods glory ; and so it is : what then ? may we not have the signes , and the things signified also ? because the true receiving of the Communion , is the receiving of the Body , and Bloud of Christ by faith ; therefore shall we have no bread and wine ? or because that true Baptisme is the washing away of originall sin , with the laver of regeneration ; therefore shall we have no water powred on the Child ? we have Scripture for these ceremonies , and I am sure we have no Scripture for the abolishing of them , but rather Scripture for their continuation for ever . Reges in solio , collocat in perpetuum : God establishes Kings upon their Thrones for ever , Job 36.7 . CHAP. IV. Why they are called the Lords Anointed . THe Lords Anointed , is as much as to say the Lords Christ , and Christi signifieth Anointed ones : In the Hebrew you shall read it , who shall ●ay his hand upon the Lords Messiah ? for the Lords Anointed 1 Sam. 26.9 . in the Greek , who can lay his hand upon the ●ords Christ . Kings are taken into the ●●ociety of Gods name , Dixi dii estis , I ●ave said ye are gods ; and here into the society of Christs name , and all to ●errefie subjects from lifting up their ●ands against the Lords Anointed , as ●uch as if he were God or Christ him●elfe . Againe , Kings are not termed uncti ●omini ( for that were no prerogative to ●hem at all ) but Christi Domini , for not ●nly persons , but things also , were A●ointed under the Law ; not only Kings , ●ut Priests and Phrophets likewise , nei●her did it rest there , but it extended to the Tabernacle it selfe , and ran down to the vessels thereof , even to the very Fireforks , Ashpans , and snuffers ; but unto whom said he at any time , tu es● Christus meus , Heb. 1.4 , 5. but unto Christ , and Kings ? to Christ once , Luke 2.26 . to Kings thirty two times throughout the Bible ; four times by God himself ; Kings are called Christ● mei , mine Anointed ; six times to God , Christi tui , thine Anointed ; ten times of God , Christi ejus , his Anointed ; twelve times in termes terminant , Christi Domini , the Lords Anointed : and therefore the old Translator observed it rightly , when in the same word , in the Hebrew , and the Greek , he speakes of the Priest , he translates it unctus ; but when of the King ( alwayes ) Christus . And as they are not uncti , but Christi ▪ so they are not Christi populi , but Christ● Domini ; not the peoples Anointed , but the Lords Anointed ; there may be a master of the ceremonies , but ther● must be no master of the substance ; they are the Lords Christs , and they hol● their kingdomes under him , in King● service ; neither are the kingdomes o● the earth any bodies else but Gods : T●● kingdomes are Gods , Dan. 4.17 . neither ●are they at any mans disposing but his , He giveth them to whom he pleaseth ( loco citato ) therefore for whose they are , they are the Lords ; and for what they ●re , they may thanke him and none else . Secondly , they are the Lords , because that by him , and in him , and ●hrough him , they have their Dominion , and regiment , from him they have ●heir Crowns , from his hands their Coronation ; Diadema Regis in ●manu Dei , Esay 60.3 . the Royal Diadem is in the hand of God , and out of that hand ●e will not part with it so much , as for ●nother , to place it upon the Kings ●ead ; but it must be tu Posuisti ( tu Domine ) Thou , O Lord , hast set a Crown of pure gold upon his heard , Psal. 21.3 . The Emperours used to stamp their Coyne with a hand coming out of the Clouds , holding a Crown , and placing it upon their heads ; We have no ●uch Hierogliphicks in our Coyne , as a hand coming out of a cloud ; but we have grace from heaven : Dei gra●ia , so that there is not a King but may say with the Apostle , Gratia Dei , sum qui sum , by the grace of God I am that I am ; and indeed Kings are Kings , as Paul was an Apostle , not of men , neither by man , but by God . Thirdly , they are the Lords Christs ; because , not only their Crowns , are in the hands of the Lord , but he puts the Scepter into theirs ; nay , the Scepters which Princes hold in their hands , are Gods Scepters , being there , virga Dei i● manibus ejus , It is Gods rod that is in their hands , Exod. 17.9 . and therefore right is the Motto ▪ ( and reason is it that they should be esteemed the Lords Anointed ) DIEV ET MON DRO IT , GOD AND MY RIGHT ; none else have to do with it , the Scepter of a kingdome , in the hands of a King , is the livery and seison which is given him by God , of the whole Militia , within his Dominion , they that take away that , put a reed into the hand of Christs Anointed ; and why should it be expected that they should deal otherwise with Christs Anointed then they did with Christ himself , first put a reed in his hand , and afterwards a Spear into his heart . Fourthly , Kings are the Lords Anointed , because , they sit upon his Throne : sideba● Solomon in Throno ▪ Dei , Solomon sate upon Gods Throne 1 Cor. 29.23 . but if Solomon should have lived in these our dayes , instead of his six steps ●o his great Throne of gold , and Ivory ; he should have six steppers to his Throne , for the Gold and Ivory sake ; instead of having a Foot-stoole of Gold under his feet ; he should have much adoe to keep a Crown of pure Gold upon his head : instead of hands to stay his Throne , he should have hands enough to pull it down , and cast it to the ground : and instead of two , and twelve Lyons , fixed on each side , as a guard unto his Throne , he should have found many Lyons , without regard , running up and downe , seeking how they might destroy him . Lastly , Kings are the Lords Anointed , because they are Anointed with his own oyl , Oleo sancto meo , with my holy oyl have I Anointed him , Psal. ●9 . 20 . It is not with any common , or vulgar oyl , or oyl that any laies claime ●o but himself : but it is Oleo meo , my oyl ▪ neither is it oyl , that was fetch'd o●● of any common Shop , or Warehous● , b●t it is Oleo sancto , with holy oyl , oyl out of the Sanctuary : And no question but this is a maine reason ( if they would speak out ) why some have such an aking tooth at the Sanctuaries , because they maintain in them , oyl for the Anointing of Kings : but if the Alablaster box were broken , the ointment would soon be lost : If they could perswade the King out of the Church , into the Barne , they would soon pull a Reed out of the thatch , to put into his hand , instead of a Scepter ; or if they could get him to hear Sermons under a hedge , there would not be materials wanting to make a Crown of Thornes to pleat it on his head . Thus you see the the reasons , why Kings are called the Lords Anointed , because the Lord hath appropriated them unto himself , not in a common and generall way , but in a particular and exclusive manner : my King , my Kingdome , my Crown , my Scepter , my Throne , my Oyl , where is there left any place for claime ? pride may thrust down Angels out of heaven , and violence may crucifie the Son of God ; But ( all these things considered ) who can stretch forth his hand against the Lords Anointed , and be guiltlesse ? 1 Sam. 26.9 . CHAP. V. Whether bad Kings be the Lords Anointed , or not . THey are : for they are of the Lords sending , and appointment , as well as the good . I will set an evill man to rule over them ( said God ) and I gave them a King in mine anger , Hosea 13.11 . which King was Saul , which Saul was a Tyrant , which Tyrant was the Lords Anointed ; when he was at the worst , you cannot have two better witnesses then David , and the Holy Ghost , 1 Sam. 26. Cyrus was a Heathen Persian , and one that knew not God , yet for all that , Haec dicit Dominus , Cyro Christo meo , Thus saith the Lord to Cyrus mine Antinted , Esay 43.4 . Nero was no good Emperour , but a Monster of man-kind , yet Saint Peter , in whose day●s he wrote his Epistle , commanded all Christians to submit to him , 1 Pet. 2.13 . Hasaell , whom the Lord fore-saw , and fore-shewed unto his Prophet Elisha , to be the destroyer of his people of Israel , and one , that should make them like the du●● by threshing , 2 Kings 13.7 . on that wil●set their strong holds on fire , slay their young men with the sword , dash their children again●● the wall , and rip up their women with child ▪ insomuch that it made the Prophet weep , to fore-see all the miseries that should happen , 2 Kings 8.12 . insomuch that it made Hasaell himself ( when he was told thereof ) cry out , is thy servant a Dogge , that he should do all these things ● vers. 13. yet for all this , God will have him to be King , and it be but to scurge his people , the Lord hath shewed me that thou shalt be King over Syria , vers. 13. Julian , when from his Christianity , he fell , to flat Paganisme , yet this Anointing held , no Christian ever sought , no Preacher ever taught to touch him , or resist him in the least degree ; for whilst the cruell and bloudy Emperours were persecuting the poor Christians , they were fitting their necks for the Yoke , and teaching on another postures , how they might stand fairest for the strok of Death . An● this was not Quia deer ant vires , because they could not help it , for the greatest part of Julians Army , and the most part of his Empire were Christians : For saith Tertullian in his appologeticall defence of the Christians of those times , una nox pauculis faculis , &c. One night with a few firebrands will yeild us ●ufficient revenge , if we durst , by reason of ●ur Christian obligation : and shewes , how they neither wanted forces , nor numbers , and that neither the Moors , or the Persians , or any other Nation whatsoever , were more mighty , or more populous then they : and how they filled all places , Townes , Cities , Emperia●l Pallaces , Senats , and Seats of Judgement ; and that they could do any thing , in their revenge , if it were any thing lawfull ; but this Anointing was the thing that kept the swelling down , and hindred the corrupt humours from gathering to a head : And therefore it is not as Stephanus Junius , Franciscus , Hottomanus , Georgius , Buchananus , Ficklerus and Renecherus , with the rest of the pillars of the Puritan Anarchy , do answer ( being gravel'd at the practice of the primitive Christian● ▪ and those precepts of the holy Apostle ) that the Church then ( as it were swathed in the bonds of weaknesse ) had not strength enough to make powerfull resistance ; and therefore , so the one taught , and the other obeyed : but if this doctrine were allowable , then would inevitably follow these two grosse absurdities . 1. That the pen of the holy Ghost ( which taught submission even to the worst of Kings ) was not directed according to the equity of the thing , but the necessity of the times . 2. That either the holy Ghost must turne politician , and become a timeserver , or else the Church must lose the meanes of its being , and subsistance . Whereas ▪ we know the contrary so well , that when Acies Ecclesiae , was so far from its bene ordinata , that when al the Souldiers fled , and the Life-guard routed , the Lord of Hoast ( the Generall himself ) taken Prisoner , yet then , like the Sun looking biggest in lowest estate , so the son of righteousnesse , thinke ye not that I can pray unto my Father , and he will send L●gions of Angels ; and ra●her th●n Gods children shall be oppressed by a company of Egiptians ( if it be his pleasure to deliver them ) he can , without the drawing of one Sword , turne Rivers into bloud , produce an Army of Froggs to destroy them : and rather then they should be necessitated for lack of means , ●end swarms of Flies , that may serve ●hem in the stead of so many rescuing Angel● , and therefore it was not any ●ecessity , that the Church was , or could ●e in , that procured in the Apostles , or the first Christians , either that doctrine , ●r that use ; it was not dis-ability , but duty ; not want of strength , but a reve●end regard of the Lords Anointed , that wrought these effects in both : Let the people be never so many and mighty , and the Princes of the people never so wicked and cruell , mos gerendus est , we must obey them ; not in the performance of their unjust commands ; but in submission to their just authority ; if not by our active , yet by our passive obedience : if not for their own sakes , yet propter ▪ Dominum , for the Lords sake ; if not for wrath , yet for conscience sake , Rom. 13.5 . if it goeth against thy conscience , say , ●s the people were wont to say , when they fell down before the Asse that carried the Image of the Goddesse Isis , upon his back , non tibi sed Re●igioni ; if thy conscience condemns thee , God is greater then thy conscience , and we must look what he commands , as well as what she dictates ; the one may be mislead , the other cannot mislead ; sacrifice may be either pleasing , or displeasing to the Lord , but obedience was never faulty ; thou maist offer the sacrifice of Fools , when thou thinkest thou doest well ; but upon how sure grounds goes he , who can say with the Prophet in all his actions , If I have gone a stray , O Lord , thou hast caused me to erre ? never deviating from the expresse of his word . Now God gives us expresse command , that we should not touch his Anointed , what condition soever they are of : N●lite tangere Christos meos , touch not mine Anointed ; and where Gods rules are generall , we must not put in exceptions of our own ; for the wickednesse of a King can no more make void , Gods ordinance , of our orbedience unto him , then mans unbelief can frustrate Gods decree in us , Rom. 3.3 . Let Saul be wicked , and let wicked Saul be hut once Anointedd , David states the question neither concerning Saul , nor his wickednesse , but whether he being the Lords Annointed ( there 's the businesse ) it is lawfull to stretch forth a hand against him ( who can stretch his hand against the Lord● Anointed and be guiltless ? 1 Sam. 26.9 . CHAP. VII . Whether upon any pretences whatsoever it be lawfull to depose , murder ▪ or so much as touch the Lords Anointed . THere was the first time that ever it was put to the Vote , ●hether a King might be put to death ●r not , but it was resolved upon the ●uestion in that Parliament ; Ne perdas , ●estroy him not ; it is well that David●ad a negative voice , or else it had been ●ut a bad president for Kings : it is wel ●hat the men with whom David had this ●arley , would hearken unto reason , and ●et that sway them , otherwise David●ight have been forced to flie as fast ●way from his own men , as he did first ●rom Saul : for there wanted no Lay●reachers then , to preach the destruction ●nd slaughter of Princes , under the pre●ences of wicked government and tyran●y ; who had the trick then , as well as ●ow , to couch their foul meaning in ●ood words and Scripture phrase , with a dixit dominus , when the Lord said no such thing ; as Davids Zealots , 1 Sam. 24 . 5●This is the day wherof the Lord said unto thee , I will deliv●r thine Enemy into thine hand , an● thou shalt doe unto him ( what ? ) as shal● seem good unto thee , that is thou shall murder him , that was their meaning : though the word was a good word ; and we do● not read where the Lord said any such thing at all : So Abishai , 1 Sam. 26.8 . God hath delivered thine Enemy into thine hand : what then ? therefore let me smite him ; no such matter ; David denies the consequence , as if he should have said God hath delivered him into my hand , but ● will make no such bad use of his deliverance , I had rather hereby shew him hi● own errour , and my innocency , then any way stretch forth my hand against him , for he is the Lords anointed ; and when sleep had betrayed Saul to Davids power , in the trench , and made the King a subject for Davids innocence ; he esteemed himself but as a Partridge in the wildernesse , when he might have caught the Eagle in the nest : he passified Sauls Anger , by inabling his power to hurt , sent him his speare ( it seems he did not think it fit to keep the Kings Militia in ●●s hands ) and humbly begs , Let not my ●ud fall to the earth ; when , if it had not ●●en for David , Abishai would have smi●●n Saul unto the earth at once , so that 〈◊〉 needed not to have smiten him the ●●cond time : but David would not , de●●●oy him not saith he , and his reason . ●as , Quis potest ? Who can stretch forth ●●s hand against the Lords Anointed ●●d be guiltlesse ? Another most notable demonstration 〈◊〉 Davids innocency , and subjection , ●●to a hard Master , a most tyrannicall ●●ing , cruell Saul ; we have 1 Sam. 24. ●hen in the Cave of Engiddi , David●ight have cut off Sauls head ; like pre●●ous oyntment , he descends only to 〈◊〉 skirts of his garment , and with a ●uid feci ? checks himself , and beshrews ●s heart that he had done so much , and ●pon a little looking back of Saul ( as 〈◊〉 he had put on rayes of Majesty ) Da●●d bows , and stoops with his face to 〈◊〉 earth to him , when he might have ●id his honour in the dust , call'd him 〈◊〉 Father ; when that father came to ●●crifice him upon the mountaines , and ●Isaac-like ) nothing but See my Father , ●hen he could see nothing but fire , and sword , and himself also the Lamb , ready for the sacrifice . A true Isaac ( though many young men staid behind with the Asse ) will after his Father , though he have fire in the one hand , and a knife in the other , ready for to sacrifice his follower . A right David , and he that is a man after Gods own heart , though he could bite to death , and gnaw into the very bowels of his Soveraign , yet he will assume no further power to hurt , then to the biting of a Flea ; after whome is the King of Israel come out ? after a Flea ? after whom doth Saul pursue ? after a dead Dog ? when he might have caught the Lion in the toyle . I could easily be endlesse in instances of the like nature , as our Saviour Christ's obedience to the death , under the reigne of Tiberius , his Disciples under Nero , Claudius and Caligula , whose governments were as opposite to the propagation of the Gospel , as themselves were enemies to the propagators of it ; yet we see they neither attempted the alteration of the one , or the destruction of the other ; yet Christ could do much if he pleased , and if the Napkins of Saint Paul , and the shadow of Saint Peter could cure diseases , if a word out of their mouthes could strike men and women dead in the place ; if an oration at the Bar , could make a King tremble on the Bench , then surely you will confesse that his Disciples could do something : Yet nothing was done or attempted against those wicked , cruell , and pagan Emperours , one instance shal suffice for all : what mischief or injury could be done more to a people , then Mebuchadonozer King of Babylon did unto the Jewes , who slew their King , their Nobles , their Parents , their Children , and kinsefolkes , burn'd their Country , their Cities , their Jerusalem , their Temple , and carried the re●idue ( who were left alive ) Captives with him to Babylon . And now behold ( then ) Nebuchadonozers good subjects : will you hear wat advice the Prophet Daniel gives them for all this ? Baruch . 1.11 . Pray you for the life of Nebuchadonozer King of Babilon , and for the life of Balthasor his son , that their dayes may be upon earth , as the dayes of heaven , and the Lord will give us strength ; ( what to do ? to wage war against him ? ) and lighten our eyes ( what , with new revelations how they may be reveng'd ? O no ) that we may live under the shadow of Nebuchadonozer King of Babylon , and under the shadow of Balthasor his son , and that we may serve them many dayes , and find favour in their sight : truely shewing that a King is Alkum , Prov. 30.31 . one , against whom there is no rising up ; that is , not upon any pretences whatsoever : there can be no pretences whatsoever more faire and specious , then those of defending the Church , and red●essing the Common-wealth . For the first , if Religion be any thing push'd at , think you that Rebellion will keep it up , or that it ever stood in need of such hands ? when God refus'd to have his Temple built by David , because he was a fighter of the Lords Battailes , thinke you that he will have his Church defended by fighters against the Lords Anointed ? to defend Religion by Rebellion , were to defend it by meanes condemned , by the same Religion we would defend ; and to reforme or redresse the Common-wealth , by insurrection and Rebellion , were to rectifie an errour with the greatest of all mischiefs ; no government worse then a Civill War , and the worst Governour is alwayes better then the best Rebell : Rebellion is as the sin of Witchcraft , and stubbornnesse is as Idolatry : and how perilous a thing it is , for the Feet to judge the Head , the subjects to choose what government and governours they will have , to condemne what , and whom they please , to make what pretences and surmises they have a mind to , this Kingdome by wofull experience hath had sad resentments . Imbecilities and weaknesses in Princes , are no arguments for the chastisements , deposing , or murdering of Kings ; for then giddy heads will never want matter or pretences to cloak their Rebellion . Shall Moses , because Pharaoh was an oppressour of Gods people , and had hardned his heart , and would not let the Israelites depart , therefore inflict punishments upon Pharaoh , or so much as depart without his leave ? though Moses could inflict punishments upon the whole Land , yet his Commission never went so far , as to touch Pharaoh , in the least degree , though swarmes of flies came into the house of Pharaoh , and Frogs entred into the Kings chamber ; yet we read not that they seized on Pharaohs person ; there were Lice in all their quarters , saith the Psalmist , and there became Lice in man and beast , upon the smiting on the dust , but none were smitten of the person of the King : Boyles and blaines were upon all the Egyptians , and upon the Magicians , so sore , as they could not stand in the presence of Pharaoh , but they were not on Pharaoh , that he could not stand himself ; Pharaoh his eldest son may die , but Vivat Rex , Pharaoh must not be touch'd . Did Absolon doe well to conspire against his Father , though he defiled Vriahs bed , and cloaked adultery with murther ? should the Priest , Peers , Prophets , or people , offer to depose Solomon , because he had brought strange Wives into the Land , and as strange Religion into the Church ? shall Elias entice A●abs subjects to Rebellion , because he suffered Jezebell to put Naboth to death , and killed the Lords Prophets ? shall Peter take vengeance upon Herod because he put him in prison , beheaded John the Baptist , and killed James ? shall Reuben be no Patriarch , becuse he was unstable as water ? shall Simeon and Levi lose their Patriarchal dignity because they were brethren in iniquity , & instruments of cruelty , because in their anger they slew a man , and in their self-will digged down a wall ? shall Judith be deposed from his rule and government for making a bargain with a Harlot upon the high way ? shall Issacher not be numbred amongst the other twelve , because he was none of the wisest ? no reason ; they were Patriarchs as well as the rest , which was the immediate government before Kings ; and ( indeed ) were Princes themselves : princeps Dei es inter nos , Gen. 23.6 . Thou art a mighty Prince amongst us : and thus much shall suffice , ( and I hope sufficient ) to shew , that no faults or pret●nces whatsoever , can make it lawfull to depose , or so much as to touch the Lords Anointed . CHAP. VII . What is meant by touching the Lords Anointed , or stretching forth the hand against the Lords Anointed . NOt dare to touch the Lords Anointed , is an awfull reverence , and a supposed difference to be kept , between every Subject and his Soveraign , especially in point of violence . A Mother doubting the discretion of her Children , and being to leave some curious looking-glasse in a place , doth not command her children that they should not break it , but that they should not touch it ; knowing full well , that if they have the liberty to meddle with it in the least degree , they may break it before they are aware , and destroy it when they think least of any such matter ▪ So God is very chary of his King , wherein he beholds the representation of himself , and knowing him to be but brittle , and though the most refined earth , yet but glasse : he commands his people that they should not touch his Anointed ; knowing that if they were permitted but to tamper with him in the least degree , their rude hands may break it in peeces , when they doe but think to set it right . A touch is but of one man , though but with one of his fingers , yet this must not be ; Nolite tangere , it is not said ne tangete , wherein only the act of touching is forbidden , but Nolite tangere , whereby the will is also prohibited : how wary should we be in touching , when the Lord is so cautious in his prohibition ? Now stretching forth the hand may signifie a combination of many into one confederacy , the hand being a part of the body , composed of five members ( one and all ) but this must not be ; a most unhappy instrument is that hand that turns it self into the bowels of its own body ; if the head break out be chance , the hands must not presently be in the head , clawing , with invenom'd nails , the corruption there , lest that itching desire , turn into smart in the end , lest when the peaceable day springing from one high , shall happily visit us , that now sit in darknesse and in the shadow of death ; we then see our bloudy hands , and this ( once happy ) Kingdome , the only pillow , whereon peace had laid her head , streamed ( like the Aegyptian Rivers ) all with bloud : in a word , by touching the Lords Anointed ; or by stretching forth the hand against him , is meant any kind of violence ▪ that is used against sacred Majesty ; and the signification thereof is of a large extent ; for we stretch forth our hands when we doe but lift up our heels in scorne against him ; Who so lifteth up his heel , Psalm 41.9 . Secondly , we stretch forth our hands against the Lords Anointed , when wee doe but raise up Armes in our own defence ; Whosoever resisteth the power , resisteth the Ordinance of God , and draweth damnation upon himself . Rom. 3. Thirdly , We stretch forth our hands against the Lords Anointed , when wee stretch not our tongue and voice , when we hear of any traiterous plots or conspiracies against the Lords Anointed , and so bring such conspiracies to light : It is a foul thing to hear the voice of conspiracy , and not to ●tter ●● : Lev. 5.1 . as good lay thy hand upon the Lords Anointed , as lay thy hand upon thy mouth & conceal the treason . Fourthly , We stretch forth our hands against the Lords Anointed , when we doe not stretch forth our hands for the Lords Anointed , when we see him assaulted with any danger , or traiterous opposings . Should a man see his own Father feircely assaulted , and should not presently run into his rescue , but should suffer him to be slain before his face , would we not equally exclaim against him with the murtherers , Qui non Vetat peccare Quum potest , jubet , he bids , that doth not forbid with all his power ●like a true son ) such outrages and vio●●nces , to be committed against the Fa●●er of his Country . Fifthly , We touch the Lords Anoin●ed , when we touch his Crown and dig●ity , intrench upon his Regalia , hold or withhold his sons or daughters , kill or ●ake prisoners his men of Warre . Wee must take heed of defacing the garment , as well as of hurting the person , for they are both Sacred ; the precious Oyntment , wet not Aarons head alone , but it ran down upon his beard , and down unto the skirts of his garment , making all Sacred that was about him ; such touchings therefore are worse , then when we touch the person with the greatest violence , for then the Anointed are most touched , when they are touched where the Anointing is , which is their State and Crown , dearer to them then their lives ; touch both , the murder of the person , is but a consequence to the deposement of the dignity . Sixthly , We touch the Lords Anointed , when we take away his revenue and livelyhood from him , the Devil thought that he had stretched forth his hand exceedingly against Job , touch'd ( and touch'd him to the quick ) when he had procured Gods permission , that the Sabeans and Caldeans should take away his Oxen and Asses , his Sheep and Camels , and plundred him of all he had ; God called this a destruction unto Job , Job . 2.3 . and that before ever a hand was stretch'd forth to touch either his bone , or his flesh . Seventhly . Is there no stroke but what the hand gives ? Yes , the tongue can strike as well as the best : Jere : tels us so , Venite percutiamus eum lingua : come let us smite him with the tongue , Jer. 18 , 18. and David said , His tongue was a two-edged sword : There is , ( saith Solomon ) that speaketh ( and that waiteth too ) like the piercing of a sword : It is bad enough in any , or against any man , but worst of all against the Lords Anointed ; for it is said Thou shalt not revile the Gods , nor speak evil of the Ruler of the People : Saint Paul , but for calling a High Priest , painted wall , ( though ) when he caused him to be smitten Contrary to the Law , yet he eat his words , and confessed his errour ; and now many , that would seem to be followers of Paul , are revilers of Kings , and make no bones thereof . The same God that commanded Laban , in respect of his servant , Vide ne quid loquare durius , ●ee thou give him no ill language ; certainly expects that Subjects should set ● watch before their mouths , to keep the door of their lippes , lest they offend with their tongue , in speaking ill of Princes . Eightly , As the tongue can strike without a hand , so the heart can curse without a tongue : Eccl. 10.2 . Curse not the King , no not in thy heart , for a Bird in the ayre shall carry the voice , and that which hath wings shall tell the matter : the hand implies both ; never was the hand stretched forth to any evil act , but the heart was the privy Counsellor , & the tongue the chief perswader unto such enormities ; therefore it is good , obstare principiis , to crush the cockatrice egg , kill it in the heart , lest those pravae cogitationes want room , and then out of the abundance of the heart the mouth speaketh , and perswades the hand to be the destruction of the whole body ; if hand , and heart , & tongue , & pen were thus regulated , we need not long look for peace , or despaire of an accomodation , but whilst the hand is up , and the heart is set at liberty , and the tongue saith , Our tongues are our own , 〈◊〉 ought to speak , who is Lord over us ? and every pen is a ready writer , in matters pertaining to the King : in vaine it is to seem Christians , whilst we are such Antichrists : the Bible under our arme ▪ fals to the ground , whilst we stretch forth our hand against the Lords Anointed : why do we take Gods word into our mouthes , if we let it not down into our hearts , to do as that word directs us ? Christian liberty never cut the string , that tied the tongue to those observances . Of these things there might be applications made , but lapping as they go along is best for doggs , where there are Cordials in the River . It seemes by the story , that Kings may be coursely dealt withall , if men make no bones of being guilty ; they stand like the forbidden tree , in the midst of the Paradise of God , men may touch them , but they had better let them alone ; if God had placed ( at the first ) Cherubims , and a flaming sword , turning every way to defend that tree , how could there have been a triall of Adams obedience ? So if God by some instinct , ●ad chain'd the hearts of men , and tied ●heir hands , and bound them to the ●eace , so that they could neither in ●hought , word , nor deed , have committed violence against his Vicegerent , how could there have been a triall of the Subjects duty ? the tree had no guard , ●or fence about it , but only , thou shalt not ●at thereof , if thou doest , thou shalt die the death . Princes have no better security ●or themselves , then the Almighties command for their preservation , Nolite ●angere , &c. Touch not mine Anointed , ●o break the first , was but death , the second is damnation ; if you resist the ●igher powers , you resist the highest God , and he that resisteth shall be damned , Rom. 13.2 . the commandment concerning the tree of Paradise , was only thou shalt not eat thereof ; but we are forbidden to touch so much as a leaf of our forbidden tree , much less to shake down all his fruit ; there is hopes of a tree , saith Job , that if it be cut down , yet it will sprout again , but not only a finger , a hand , but an axe must be laid to the root of the tall Cedar of our Lebanus ; yea , they must be rooted up like the names of Taronius ; they will not leave so much as a of stump Nebuchadnezzars tree chain'd to the earth , up must all root & branch , till all the Royall branches lie like sprey upon the ground : these men had rather be destroyed themselves , then say the Lords Anointed is not to be destroyed . Go on blind Zelots , hearken to your wives , and let them perswade you to disobedience , and the Divel them , as Eve did Adam , and the Divel her , behold the objects shee presents unto your view ; how good they seem , how fair they look , how pleasant they are to thine eye , how wise you thinke you shall be , how full of knowledge , when poor wretches , you shall find all these promises turned into Fig-leaves , to hide your nakednesse : all these golden Apples of Palestine once touch'd , evaporated into stench and blindnesse : and that your disobedience hath given you nothing but curses , and brought you nothing but sorrows and death upon your selves and children , and profitted you nothing but the turning of an Edom into a wildernesse , till you be glad to eat the herbs of the field , and by the same fault , fall into the same punishment with our neighbours of Germany , ●ye with grasse in your mouths . These ●●ings fell upon Adam for his disobedi●●ce unto God , and the like will fall ●pon us ( the sons of Adam ) for our dis●bedience unto Gods Anointed . O then ●et us not by any meanes lift up our ●ands against the Lords Anointed , lest ●like Adam ) we fall from our state of ●nnocence , and be guilty : guilty of all the bloud that hath , and shall be spilt ●pon this land ; guilty of the teares of ●o many fatherlesse children and wi●owes : and if we will not be obedient ●nto a Prince of men , guilty of all the ●ternall thraldome and submission unto ● Prince of Devils : take then the advice of the wise Solomon , Prov. 30.32 . If thou ●ast done foolishly in lifting up thy selfe , or if ●hou hast thought evill , lay thy hand upon thy ●outh : Fear God , honour the King , have nothing to doe with them that are subject unto ●hange , for their destruction commeth sodainly ; and so will yours . Let no man deceive himself , he who is not good in his perticular calling , can never be good in his general calling , he is no good man , that is no good servant , and if he be no good subject , he is no good Christian , he that honoureth not the King , doth never fear God ; and except he obeyes both , he obeyes neither . CHAP. VIII . Whether Kings now adayes are to be had in the same veneration and esteeme , as Kings were under the Law , by reason of our Christian liberty . CErtainly the murmuring of Corab , Dathan and Abiram , with their complices : Thou seekest to make thy self altogether ▪ a Prince over us , the Lord is among us , we are all alike holy unto the Lord , ( and therefore Moses and Aaron must be no more excellent then the rest of the people ) was no prophesie to be fulfilled in these our dayes , for if it had , surely our Saviour would never have paid tribute for himself and Peter , Mat. 17.27 . which was a symbole of their subjection to heathen pagans ; for this cause pay ye tribute , Rome . 13.6 . we have those who are apt enough to make arguments with our Saviour , bearing this conclusion , then are the children free , Mat. 17.26 . but few that will imitate his peaceable example , to fish for money , rather then offend the higher powers , Mat. 17.27 . ●nd if you conjecture that our Saviour ●id this meerly for quietnesse sake , behold the question rightly stated . Is it ●awfull to give tribute to Cesar or not ? Mat. ●2 . 17 . seriously propounded ( Master we ●now that thou art true ( and therefore we ●ope thou wilt not deceive us with a ●ie ) and teachest the way of God in truth 〈◊〉 and therefore thou wilt not cause us ●o erre through the deceiveablenesse of ●nrighteousnesse ) neither carest thou for ●ny man ( and therefore thou wilt not ●e afraid to speak the truth ) thou regar●est not the persons of men ) therefore fea●ing only God , thou wilt boldly , & faith●ully without partiality , or fear , plainly ●ell us , whether it be lawfull or not ) ●learly determined and concluded upon ; Da Caesari quae sunt Caesaris , Mat. 22.21 . If Christian liberty , should loose the ●eignes of Civill government , then Christ would never have acknowledged Pilates power to have been of God , John 19.11 . If subjection unto Kings were a hinderance to the propagation of the Gospel , then Saint Peter would never have exhorted the Christians to submit themselves to every ordinance of man . 1 Pet. 2.9 . We have too many submitters now-adayes unto every ordinance of men , but they are not unto such ordinances , whereof the King is Supreme , 1 Pet. 2 , 13. Object . It is better to obey God then man , and therefore for his sake we cannot obey every ordinance of man . Sol. The Apostle doth not in this place discourse of obedience , but of submission : obedience is to be given to things , only lawfull ; submission is to be given to any ordinance whatsoever , though not for the things sake , which is commanded , yet propter Dominum , for the Lords sake who doth command , so absolute submission : where God commands one thing , and the King commands another thing . We may refuse his will , and there is perfect obedience , when God commands one thing , and the King commands the contrary , we may not resist his authority , and therein is true submission ; and this the Apostle doth not only assure us to be the will of God , but puts this well doing in the stead of knowledge and wisdome , whereby the ignorance of foolish men may be ●ut to silence , 1 Pet. 2.15 . when freedom ●ands of tiptoes , her coat is too short ●o cover her malitiousnesse , therefore the Apostle exhorts us to behave our ●elves As free , but not using our liberty , as a ●loak for malitiousnesse , 1 Pet. 2.16 . If Christian liberty did break the ●choole of civill Government , then ●aint Paul would never have been ●uch a Schoole-master to the Romans , Rom. 13. Let every soul be subject to the ●igher powers : an excellent rule for ●ur obedience , every soul , no exem●tion by greatnesse , or holinesse , or ●ny by-respect whatsoever , but if he ●ave a soul , let him be subject to the higher ●owers : if two powers clash one against another , here we know which to stick ●o in our obedience , that is , which is ●ighest ( and that Saint Peter plainly tels ●s is the King , whether to the King as Supreme , 1 Pet. 2.13 . ) There is no power but ●f God , the powers that be , are of God , who●oever therefore resisteth the power , resisteth the ordinance of God , and they that resist shall ●eceive to themselves damnation . vers. 2. What Christian then can have his con●cience so misled , as to resist those powers out of conscience , when the Apostle plainly tels us , verse 1. We must needs be subject , not onely for wrath ( that is , fo● fear of them ) but also for conscience sak● because God commanded it . There were Anti-monarchists , and Anti-dignitarians even in the Apostle● time , but if it had been laudable , or agreeable to Christian liberty , the Sain●Jude in his Epistle , verse 8. would never have called the despisers of Domini●● and evill speakers of Dignities , filthy dreamers , and defilers of the flesh ( as he put them , so we find them both together ) he never would have compared them to bruit beasts , verse 10. he never would have pronounced woes unto them , as unto the goers into the wayes of Cain : greedy runners after the errour of Balaam , for reward ; and perishers ( as in the gain-saying of Corah ) ver. 11. he would never have compared them to clouds without water : carried about with wind : to fruitlesse withered trees , twice dead , plucked up by the roots : to raging waves of the Sea , foaming out their owne shame : wandering stars , to whom is reserved the blacknesse of darknesse for ever . verse 12 , 13. he never would have described them unto you so fully , to be Murmurers , Complainers , walkers after their own lusts , widemouth'd , speakers of great swelling words , having of mens persons in admiration , by reason of advantage , separatists , sensuall , ( and though they pretend never so much unto it ) having not the spirit , verse 16.19 . Christian liberty frees from the ceremoney of the Law , not from the substance of the Gospel : whereof we see submission & subjection unto Kings , is a great part thereof . The Romane yoke , and the Romans hands which held the plough , ploughing upon the Christians backs , and made long furrowes , and for a long time , were both adverse to the propogation of Christs Gospel , yet during all that time , neither Christ , nor any of his Disciples , ever attempted either the change of the one , or the displaying of the other ; and shall we thinke our selves more wise then he , who is the wisdome of the Father ? or better advised then by him , who is the everlasting councellour ? or that any mans doctrine can settle us in more peace and quietnesse then he , who is princeps pacis , the Prince of peace ? will you have more Orthodox Fathers then the Apostles ? or the Children of this generation to be wiser then the Fathers of old ? Christ and his Apostles with all the antient Fathers taught , and subscribed to this doctrine : First , Christ , Da Caesari quae sunt Caesaris : then Saint Paul , Render to all their due , tribute to whom tribute is due , custome , to whom custome , fea● to whom fear , honour to whom honour , and all to Cesar : Then Saint Peter , submit your selves , &c. Fear God , honour the King , &c. sic passim in Scripturis . Dear Christians , are we better pleased with the glittering tinsell of a painted Baby from a Pedlers shop , then with the rich , and inestimable Jewels of Divine truth ? will we suffer our selves to be cosened with the guilded slips of errour ? and what enthusiasmes every pretended spirit , if not every Cobler , Weaver , Groome , or Coach-man , shall dictate , who are but velut igneae , and velut flatus , as it were of fire , or as it were a mighty and rushing winde , but nothing sensible , some hot exhalations of the braine set on fire , by the continuall motion , and agitation of the tongue . Good God , have we thus learnt Christ ? Is this the fruit of so clear a Gospel ? and the return of all our holy mothers care , and paines for education ? shall we take Gods word into our mouthes and preach Sedition , Rebellion and Insurrection , contrary to that word which we pretend to preach ? to maintaine Religion by Insurrection , is to maintaine it by meanes , condemned by the ●ame Religion we would maintain . CHAP. IX . Whether a King failing in his duty and not performing those things which he hath sworn unto at his Coronation ( so solemnly ) the People are not disobliged in their obedience unto him , and may , thereupon , depose or put him to death . IF Kings held their Crowns by Indentures from the People , then were the People disobliged to their obedience unto him , upon his failing ( in those things whereto he hath been sworn ) on his part ; but if they receive their Crowns immediatly from God , and that by him alone Kings Reign ( as hath been heretofore proved at large ) then all the failings that can be in a King , can but make him a bad King ; but still he must remain a King ; the Oath assures us of his being a good King , not of his being a King ; for he was King before he took it : Coronation is but a ceremony , and his Oath is but at his Coronation ; the issue of ceremony , must not dis-inherit the right heire , of all that substance : King and Kingdome , are like man and wife , whose marriages are made in heaven , who are betrothed by God himself ; Now as in the ceremony between man and woman , the husband in the presence of God and Angels , and al the Congregation promiseth ( which is as solemnly binding as any Oath ) that he will live together with her after Gods holy Ordinance in the state of matrimony , that he will love and cherish her , maintain and keep her , and forsaking all other , keep himself onely unto her : Now if he performe all these things , he doth well , he is both a good husband , and a good Christian ( considering the vow that he hath made ) but if he doth not live with her according to Gods holy Ordinance , nor love , nor cherish her as he should , nor maintain and keep her as he ought ; Shall it be lawfull for a man to put away his wife for every cause ? Matt. 19.3 . much lesse can it be lawfull for the wife to put away her husband upon every distaste ; It was God that made them male and female : Mat - 19.4 . and therefore it is fit they should continue together so ; They twain are but one flesh ; Matt. 19.5 . therefore they cannot be divided ; God joyned them both together : Matt , 19.6 . therefore no man can put them assunder . Now to apply this to the King wedding himself to his People at his Coronation ; the King ( solemnly ) takes his Oath at his Coronation before all the People , that he will live together with them according to the Lawes of the Land , that he will protect and defend them to the uttermost of his power , with all other protestations contained in the said Oath , which if he doth perform , he doth wel , and is both a good man and a good King ; but if he should not govern them according to the Laws of the Land , and if he should not cherish and defend his People , shall it be lawfull for this wife to make away this husband ? God forbid ! God made him King , them Subjects , therefore they must continue so , like man and wife , for better for worse , they two are both one , the head may not be divided from the body , and quae deus conjunxit , nemo separet ; there have been Bils of divorcement given unto these King● husbands in former times : but of those Bils , I may say , as our blessed Saviour said of the Bils of divorcement which Moses commanded ; it was propter duritiem cordi● , Matt. 19.7 . Deut. 24.1 . for the heardnes of mens hearts ; and then again , this durities cordis , never went so far as that the woman might put away her husband , but only the husband his wife , and that only in the case of Adultery ; & if it had been otherwise , it had but a late begining , a bad foundation : for our Saviour saith , Matt. 19.8 . In principio autem non erat sic , It was not so from the beginning ; and a hard heart is but a bad foundation for a good Christian to build upon . I will conclude this application with words not of my own , but of Saint Paul , which words are a commandment , Neither is it I ( saith the Apostle ) 1 Cor. 7.10 , but the Lord , that gives you this commandment , Let not the wife depart from her husband ; no , if shee be an heretique , or which is worse a heathen ; If the woman hath a husband which believeth not if he be pleased to dwell with her , let her not leave him : 1 Cor. 7.13 . If I would resist my Soveraign in any kind , it should be ●or my Religion , but when my Religi●n tels me that I must not resist him in ●ny case ; then I think I should but doe ●in doing so ) like the boasting Jew , Ro. ● . 13 . who boasted of the Law , and dis●onoured God through breaking of that law , which he had boasted of : What if some did not believe , shall their unbelief make the faith of God of none effect ? saith Paul Rom. 3.3 . God forbid : no more can the wickednesse of a King , make void Gods Ordinance of our obedience unto him : our obedience must look upon Gods command , not upon the Kings good behaviour ; God doth not command things because they are fitting , but it is fit that wee should obey , because he commands them ; neither ought we to have respect so much unto the goodnesse , as unto the Authority of a King ; for Kings do not consist in this , that they are good , but in this , that they are Kings ; for as it is possible for one to be a good man , and a bad King , so it is often seen , that a bad man may be a good King ; and it is an observation here at home , that the best Laws have been made by the worst of Kings . It is an observation , that divers Kingdomes have long continued in peace and happinesse under bad Lawes , and worse Governours . Well observed ; when unwarrantable attempts to better both , and inconsiderable courses to mend all , hath brought all to ruine and confusion . He that sets a Kingdome in combustion , to advance his own opinion , and preferre his private judgement , doth but set his house on sire to roast his egges . God makes Kings of severall conditions , sometimes he gives a King , whose wisdome and reach in Government is like Sauls , head and shoulders higher then all the People : And then , when we have wise Kings , and learned Judges , Psalm 2.10 . we shall be sur● to have all those Breakers of their bonds asunder , and those casters away of their cords from them ; verse 5. to be bruised with a Rod of Iron , and broken in pieces like a Potters vessell ; verse 9. Sometimes God will send us a little child , sometimes a Child in years , otherwhile a Child in understanding , which of both it be , Vae regno ( saith Sol. ) cui puer dominabitur ; woe to the Kingdome , over which a child Reigns . for then the whole Kingdome is sure to be put upon the rack . Sometimes God in his ●udgement sends a Tyrant amongst us , 〈◊〉 will set an evil man to rule over them , saith God himself , & then we are never in hope ●o be from under the lash ; and some●imes in mercy he sends meek and ●hild Princes ( like Moses ) who carried his People in his bosome , one that shall only make use of his Prerogatives , as Christ did of his miracles in cases of necessity ; one who shall say with the Apostle Saint Paul , ● I have no power to doe hurt , but to doe good , to edification , but not ●o destruction : one who shall continue his Reign , as Saul began , Videre ne quid sit populo , quod fleat , who will hear and ask why do the People cry ? deserve well and have well ; shall we receive good from the hands of the Lord , and shall we not receive evil Princes ? though they be ●amarae sagittae , yet when we consider that they are edulci manu domini emissae , wee should not refuse them , but be contented with whomsoever his mercy or his justice sends , or throws upon us : Never was there a bad Prince over any People but he was sent by our heavenly Father for a scourge to his children ; and shall we kisse , or snatch the Rod out of our Fathers hand ? To conclude , there is nothing can disoblige the People from their King , because his Authority over them is a domino , from the Lord , bu● their obedience towards him is prop●e● dominum , for the Lords sake ; though i● himself there be all there asons that ca●● be given to the contrary , many will be glad to hear the Father of their Country , say , I and the Lord will go , and to be sol● elect , and to hear his Father tell him , de●● providebit , as Abraham said to his Son Isaac ; but if he takes fire and sword in hand threatning his follower , how many followers will he have ? I had rather , with Isaac , follow my Father ● know not wherefore ; and with Abraham , obey my God , contrary to my own nature , and beyond all hope , then to serve so great a God and his Vicegerent by rules drawn by my own fancy and reason . CHAP. X. Psal. 105.15 . Touch not mine Anointed , meant by Kings . BY the words touch not mine Anointed , is meant Kings and Princes : neither ●n any other interpretation , whatso●●er , be obtruded upon this text , with●●t a great deal of impudence and igno●●nce ; If there were no other argument 〈◊〉 be used but this , to a modest man , it ●ere sufficient . viz. That not any ●hurch , nor any Church-men , nor ●●y Christian , nor any Father , nor any ●xpositor whatsoever , did ever give it ●ny other interpretation , before such ●●me as the Jesuite and the Puritan , and ●●ey both at a time , and that time , bea●ing not above 100 years date neither , ●egan to teach the world that it was ●awfull to murder Kings ; and no mar●ell if this found some querke or other ●o turne the streame of Scriptures sence , ●ut of its proper channell , and constant course ; the two birds of a feather , persecutors of one another , like two fighting Cocks who quarrell among●● themselves , being both of the same kind , and yet both agree in taking councell together against the Lord and against his Anointed : or like Pilate and Herod they could not agree but in the principles of condemning the Lord● Christ . But it is objected , that as a little child upon a Gyants shoulders , may see farther then the Gyant himself , so a weaker understanding comming after those Fathers , and taking advantage of such helps , getting up upon the shoulders of time and learning , may see more then they did , or hath been seen in former ages ; and therefore it is no wonder , i● a man without aspersing himself with the least immodesty , may pretend to set more , then all those who went before him had observed , and what hath this child pick-a-poke spied ? a birds-nea●●● can there be a simpler thing imagined , whereby to give impudence the chaire , and throw all the Antient Fathers flat upon their backs , then this so common and so much approv'd of instance to usher innovation , not only into the Church , but also into the very soul of Scripture it self ? for what if it be granted , that a child upon a Gyants shoulders sees further then doth the Gyant himself , doth the child know better what he sees then doth the said Gyant ? must not the child aske the Gyant what is what , of all that he beholds ? must not the child be informed by the knowing Gyant , of the difference between the mountaines & the vallies , the water and the skie , a cock & a bull ? if the child be thus ignorant , what doth the childs getting up upon the Gyants shoulders advantage the child in points of controversie ? except it be such a child as Saint Christopher had got upon his shoulders , that was Judge of all the world : if the child be not so simple but understands all these things ; then believe me he is no child in understanding , but a Gyant himselfe in knowledge , and so the similitude , the child , and the Gyant come tumbling all down together ; seat a child never so high , he is but a child still , and sits but at the feet of a Gamaliel , when he is upon the shoulders of a Gyant ; no child was ever thought worthy thy to pose all the Doctors , but the Child Jesus . Now to clear the Text from those blots and blurs that are throwne upon the words , going before this Text of Scripture , touch not mine Anointed , viz. I have reproved Kings for their sakes , Ergo , the word Anointed could not betoken Kings , because Kings were reproved , for their sakes who were the Lords Anointed : now say they , the word Anointed must necessarily signifie the people of God , for whose sake these Kings were reproved , and so it doth ; but yet my Corahmites , Dathamites , and Abiramites , you must not thinke to be all alike holy unto the Lord , as that ye are all concern'd in this nolite tangere : There is no question but that in some sence the elect of God are anointed ones of the Lord , but not peculiarly the Lords Anointed : they are filii olii , sons of oyl , as the Prophet termes them , but not Christi mei , or Christi tui , or Christi ejus , or Christi Domini , which were attributes that were never given by the holy Ghost to any but to Christ , and Kings : the Priests who were anointed ( really ) never were term'd in Scripture the Lords Anointed , and the proudest , and most ●ebellious people that ever were , whose ●rrogance claim'd an equality with , ne●er ( in sacris ) strove to be above their Priests . Now if you expect clearnesse ●n the fountaine , do not ye trouble the ●aters , and you shall behold the springs of truth arise ; 't was the elect and ●hosen of the Lord that were here meant by anointed , and it was the seed of Abraham , and it was not Kings that were meant by this word Anointed in the text . But it was not all the elect of God , that must not be touch'd , it was not all the seed of Abraham who have this noli me tangere about them , but it was Abraham , Isaac and Jacob , for whose sake God reproved Kings , as they are plainly nominated in the same Psalm , and none else ; if there be mention made of the seed of Abraham , Isaac and Jacob were the seed of Abraham ; who were else mentioned ? and though we cannot comprehend these three under the notion of nominall Kings , yet we may be pleased to consider them as reall Princes , Principi Dei es inter nos , as it was said to Abraham , thou art a mighty Prince amongst us , so Kings may be reproved for their sakes ; they may be Kings too , and yet the Lords Anointed for whose sake Kings were reproved , for we doe not dispute about the name , but the thing : now wheresoever you find this word nolite tangere , you shall find this word , saying , going before it , which of necessity must have some reference to some other place of Scripture to which it must allude , and in reference to which it must be spoken , for the word , saying , makes it rather a question of some Authour , then the Psalmist's own , this allusion you may easily perceive , Gen. 26.11 . where it is set down , how that God touched the heart of Abimelech King of the Philistims , in the behalfe of Isaac , one of the three named in the Psalm ; so that King Abimelech charged all his people , saying , He that toucheth this man , shall surely die : So Abimelech and King Herod were both reproved for Abrahams sake , Gen. 12.10 . and to what place of Scripture can this nolite tangere be more aptly applied , then to this , where we find the same words reiterated ? or what clearer testimony can be given of the Scriptures alluding to this saying , Touch not mine Anointed , then to Gen. 16.29 . where totidem verbis , it is said to Abimelech in the ●ehalfe of Isaac , we have not touched thee ●●ou blessed of the Lord ; what difference ●etween these words , and touch not mine Anointed ? Besides the Marginall notes of all our Bibles directs us to Abraham , Isaac and Jacob , as to the Anointed of the Lord , ●nd as the Princes of Gods people , which must not be touch'd , and for whose sakes Kings were so much reproved ; the word , King , in the text , doth not exclude ●hose who were Princes , but it only includes those Princes who were called Kings , and were reproved for their sakes who were Kings themselves re , though not nomine so that all the ground that will be gained hereby , will be , that one Prince was reproved for another , though not called Kings . To conclude , as no Christians ever interpreted this place of Scripture but of Kings and Princes , untill Jesuites and Puritans , undertook that it is lawfull to murder Kings : So no English Author ever interpreted it otherwise , till within this 7 or 8 years ; when Presbyters and Independents began to put this doctrine in execution , and if the former of these two would wash their hands in innocency , as relating to this last unparallel'd act of Regicide , let them remember CHARLS the Proto-Martyr of Gods Church , and People , His own words , in his Book of Meditations , wherein He tels them , how vaine is the shift of their pleading exemption from that aspersion , to grant Commission for shooting of bullets of Iron and Lead in his face , and preserving Him in a Parenthesis of words . CHAP. XI . Objection . REhoboam hearkened unto young men which gave him evil councell , and would not hearken unto his sages which gave him good advice , but answered the people roughly , wherefore they renounced the right they had in David , and the inheritance they had in the son of Jesse , fled to their Tents , and Crowned Jeroboam King : Ergo , we may doe the like upon the like occasion , hahaving a president from the word of God , and warrantable , because God said , This thing was from the Lord , 1 Kings 13.8 . Answer . All this proves only that such a thing was don , not that it was well don ; for if it be a sufficient proof to prove out of Scripture , that such a thing was don , and thereupon conclude that therefore we may do the like , then this is as good an argument as the best , Judas betraid Christ , therefore it is lawfull for a servant to betray his Lord and Master ; first , the Scripture blames him in a most patheticall climax , 1 Kings 11.26 . Jeroboam the son of Nebat , the servant of Solomon , whose mothers name was Zeruah , even he lifted up his hand against the King , shewing how he had desperately run through all those obligations , and ties that were upon him ; 2ly he & al his adherents are called Rebels for their paines , not only by Abijah his enemy , but also by the holy Ghost , who is enemy to none who are not Gods enemies , 2 Chron. 10.19 . And Israel Rebelled against the house of David unto this day , his adherents were termed in Scripture ●aine men , and sons of Belial , they were punished with a destruction of five hundred thousand of them , which was one hundred thousand more then there were true subjects for the slaughter , the Scripture saith , God smote Abraham , verse 5. If it be objected , that the thing could not but be well done , because God saith , 1 Kings 14. I exalted thee from among the people , and made thee Prince over my people Israel , and rent the Kingdom from the house of David , and gave it thee : then it could not but be well done of Rehoboam ( by the same reason ) to answer the people as he did , for it is written , that Rehoboam hearkened not unto the people , for the ●ause was from God , that he might performe the saying which he spake by Abijah unto Jeroboam the son of Neba● , 1 Kings 12.15 . both were passive , and neither of them could resist the will of God ; but these places of Scripture are often times mistaken , and misapplied , and interpreted either by those who are not well acquainted with the nature of Scripture language , or else by those who wilfully and wickedly laid hold of such a meaning as the Scripture may seeme to give them leave ; for all these and the like places of Scripture we must no● take as Gods beneplacence or approbation , but only for his permission , for ●therwise we should make a mad piece ●f worke of it , for God said , 1 Sam. 12. ●1 . I will raise up evil against thee out of thine 〈◊〉 house , and I will take thy wives before ●●ine eyes , and give them to thy neighbour , ●nd he shall lie with them in the sight of the ●●n : doth this justifie Absolon for lying with his fathers wives and concubines ●n the sight of all Israel ? Is there any euil ●hat I have not done it , saith the Lord ? therefore did the Citizens do well to do evill , because the Lord said , I did it ? God did it , that is to say , he caused it to be done , as the evill of punishment , not as the tolleration of evill , so this thing was from the Lord , that is to say , the Lord suffered such a thing to come to passe as a punishment of Solomon for his Idolatry on his posterity , and yet may no way approve of any such Rebellious courses : neither was Rehoboam so much to be blamed for his answer , as may be supposed , nor the people justified in their Rebellion neither , for they grounded their discontents upon a false ground , for the people complained when there was no cause , and demanded that which was not reason ; hear the whole grievance and consider it a little , 1 Kings 12.4 . Thy father made 〈◊〉 yoake grievous ( that was false ) do t●● make it light ( no reason for that ) fo● the people never lived happier neithe● before nor after , then they did in thi● Kings Fathers time , and might have done in his time , if they had know● when they had been well , and God● judgements would have suffered them to have seen it . For , 1. They were a populous Nation , as the sand on the Sea for multitude , 1 Kings 4.20 . 2. They liv'd merrily eating and drinking and making merry . 3. The Nation was honoured abroad , for Solomon reigned over all the Kings that were round about him , verse the 21. 4. They lived peaceably , they had peace on all sides round about them , verse 24. 5. They liv'd securely and quietly , every man under his owne vine , and under his own figtree . 6. They had much Trading in his dayes , and much merchandize , 1 Kings 10.15 . 7. He was very beneficiall to those Merchants , for he gave Solomon , not only large wisdome , but largenesse of heart , and let those Merchants have commodities from them at a price , ver. 28. 8. He maintained a brave fleet at Sea , Kings 4.21 . 9. He made silver and gold to be in Jeru●●●em as plentifull as stones , and Cedars as ●●amore trees , 2 Chron. 1.16 . 10. These felicities were not only in the ●●urt , or among the Nobility , or between the ●●tizens , but they were universall , even from ●an unto Beersheba . 11. They were not for a spurt and no more , 〈◊〉 at one time and not at another , but all the ●●yes of Solomon . O me prope lassum juvate posteri . Neither doth the Scripture make any ●ention of any such hard yoke at all , ●nly the margent of the Bible directs ●s from the complaint of the people , to ●ooke upon the first Chapter of the Kings verse 7. and there you shall only find how Solomon had 12 officers over all Israel , which provided victuals for the King and his houshold , each man his moneth in a year , but here is but a very slender ground for a quarrell , when the immediate verse after the naming of those 12 officers tels us , that the multitude of people as numberlesse as the sand upon the Sea shore , were● merry eating and drinking as the Kin● and this place unto which we are di●●●cted ( and no other ) to find out t●● grievousnesse , appears by the context ● the same Chapter , to be mentioned 〈◊〉 an expression of Solomons glory and wi●dome , rather then of any tyranny , 〈◊〉 polling of his people : for the whole r●lation ends with an expression , that 〈◊〉 the people were as the sand of the 〈◊〉 for number , so the largeness of the King● heart extended as the largenesse of the Sea for bounty , all were partakers of it , 1 Kings 4.29 . pardon me therefore if I thinke that Rehoboam had more reason 〈◊〉 answer the people as he ●id , then the people had just reason to complaine . O ●●titudo ! O the unserchable wayes of God where God suffers his people to be ● rod to visit the sins of the fathers upo● the children , he permits them to take a wrong cause in hand , that he may also cast the rod into the fire . I Pray God the Merchants of London b● not too like those Merchants of Jerusalem , who Traded so long , untill they brought over , together with other Merchandize , Apes and Peacocks , and the Traders begin to be too like their traffique , Apes for manners and behaviour , Peacocks for pride , and rusling untill the Apes grow to be so unhappy , as to be brought to their chaines , and the Peacocks , so vaine glorious , as to loose their feathers : and so I leave them both , tasting the fruits of their own follies . CHAP. XII . The Objection of Jehu slaying his Master Joram Answered . Objection . THus saith the Lord God of Israel , I have Anointed thee Jehu King over the people of the Lord , even over Israel , and thou shalt smite the house of Ahab thy Master , that I may avenge the bloud of all the servants of the Lord at the hands of Jezebel , Ergo , if a King be thus wicked , we have Gods warrant , for the deposing and putting such a one to death . Answer . But stay untill you have this warrant , and then we will allow it to be lawfull ; for though every one is apt enough to be a Jehu in his own case , yet every one is not a God-almighty , we must not clap his seal to our own warrants ; what God commands at one time , we are not to make it our warrant to doe the like at all times , this is a prerogative of the Almighty , no priviledge of a Subject ; God may command Abraham to slay his son , but we must not go about to murder our children ; God may command the Israelites to spoile the Egyptians , but we must not Rob and Cosen our neighbours ; Christ may give order for the taking away of another mans goods because the Lord hath need of it , but we must not make necessity our pretence for arbytrarie power ; these acts of the Almighty are specially belonging unto him , and we must have his speciall warrant before we go about any such thing . But setting all such plea aside , I utterly deny that either Jehu did , or that ●od gave Jehu any such authority as to ●ay King Joram . Jehu slew Joram , but ●ehu did not slay the King , for Jehu by ●●e Lords immediate appointment was ●ing himself , before ever he laid hand ●pon Joram ; Joram was but then a private ●an , for in the verses going before , it 〈◊〉 set down how that Jehu was Anoin●●d King , how he was so proclaimed , ●nd accordingly how he took the state ●f a King upon him and executed the ●ffice : 2 Kings 12.13 . before ever any ●ention is made of Jehu slaying Joram , ●●rse 14. therefore here is no regicidium , ●s yet here is but plaine man-slaughter , ●nd a lusty warrant for that too ; again , ●e must not ▪ only take heed of unwar●antable actions , but of false warrants , the private spirit is no sufficient war●ant to lay hold on such a publique Ma●istrate ; as there are false Magistrates , ●o there is a false spirit , for an erroneous ●pirit may as well condemne a good Magistrate , as a bad Magistrate may be ●ondemned by a good spirit : but there may be a higher mistake then all this , ●nd I wish it were not too common amongst us now adayes , to mistake the workes of the flesh , for the fruit of the spirit : Let us compare them both together , as the Apostle hath set them i● order . The works of the flesh . Adultery , Fornication , Vncleanness , Laciviousness , Idolatry , Witchcraft , Hatred , Variance , Emulations , Wrath , Strife , Seditions , Heresies , Envyings , Murders , Drunkennesse , Revellings . The fruit of the Spirit ▪ Love , Joy , Peace , Long-suffering , Gentlenesse , Goodnesse , Faith , Meekenesse , Temperance . By which of these two was CHARLS the First's Head cut off ? CHAP. XIII . Of the necessity and excellency of Monarchy . A Jove principium , Let us begin with heaven , and behold its Monarchy ●n the unity of the blessed Trinity ; ●hough there be three persons , yet there must be but one God : for the avoiding of that which we are fallen into , a confounding of persons , and dividing of substance . Descend lower , and consider the Angels , and you shall find one Arch-Angel above the rest , as the Angels Monarch . Lower yet , to those senselesse and inanimate Rulers of the Day and Night , the Sun and Moon , and you shall not find ( or so much as the appearance of such a thing ) more Suns or Moons in the same firmament then one ; without a prodegie or portent , of some dire , and direfull event . Come down to the Regions and you shall find in the head of the highest Region a Prince of the Aire . Come to the lowest and you shall find amongst the wing'd inhabitants thereof , the Soveraigne Eagle , as the King of Birds . Come amongst the Beasts of the field , and the Lion will soon let you know , that there is a King of Beasts . Run into the Sea , and there is a King of Fishes . Descend into Hell and there is a Prince of Devils : and shall only man be Independent ? Do we not observe the delving Labourer what paines he takes to joyn house to house , and land to land , til there be no more room for any competitor within his Dominions ; and when he hath wrought his petty dunghils into a mixen , he thinkes it Law and Reason , that the place should not admit the Dominion of more Cocks then one , this mans dies a Monarch in his own thoughts , and his son lives to inlarge his fathers territories , but at last dies big with thoughts of a principality , his son laies hold of all the advantages that may help him to the accomplishment of his hereditary desires . Juno , Lucina per opem obsecro , he is a Prince , Caelo timendum est Regna ne summa occupet qui vicet ima , he must be an Emperour , Divisum imperium cum Jove Caesar habet , he must have all or none , none but Jupiter must share with him . Mundus non ●ufficit unus , when he hath all , and when all is done , the Empire after that it hath disimbogu'd , and incorporated into it selfe , all the Kingdomes of the earth , terminates in an everlasting Kingdome , that shall never be destroyed ; quam primum appropinquaver at regnum Caelorum , as soon as the Kingdome of heaven shall be at hand : and what 's all this ? but to shew us that not only nature , but God himself , who is the Cod of Nature , affects Monarchy . The further off any government is to Monarchy , the worse it is , the nearer the better ; the reason 's thus , that Government which avoids most the occasion of differences , must be most happy , because most peaceable ; and peace only consists in unity : now where there are many Governours there must be differences : where there are few , there may be differences : where there is but one , there cannot . The Romans , when they shooke off their Government by Kings , and were distasted with their Government , for their Governours sake ; tried all the contraverted Governments of the world , of two by their Consuls , of three by their Triumvira● , of ten by their Decemviri , of ten thousand by their Tribunes : when they found that the farther o●● they departed from Monarchy , the Center of all Government , the more they lost themselves in the the circumference of their own affaires , they began a little to look back upon the Government from which they had deviated all the while , but yet with squint eyes ; first , a King , and no King , a thing that was like a King , but not a King ; a thing that was so re , and tempore , but not nomine ; he must be only so , pro una vice , unoque anno , such were their dictators : at last this sucking Government gathered strength , and grew to be perpetuall , which perpetuity in one , begot an everlasting Monarchy in all ages , which is to continue unto the end of the world ; for the Prophet Daniel tels us , that at the end of the last and fourth Monarchy , which was the Roman , Christ should sit upon his everlasting Kingdom that should never be destroyed ; therefore my Enthusiasticks , must either leave dreaming of pulling down all Kingdomes , and Empires in the world , or else thinke themselves the Kingdome of Christ , that we have pray'd for all along . Neither is it unworthy of your observation , that as soon as ever this Monarchy was restored , there was universall peace over the whole world ; and the Saviour of the world , who was Princep●● pacis , vouchsafed not to come into the world , under any of the forementioned governments ; but Imperante Augusto natus est Christus , who was the first Emperour of the Romans . He who affects purity , let him begin it in his own house , and as he likes it in the modell , so let him attempt it in the fabrick : for my part , I have read their arguments , and am so far from being evinced by any of them , that I do not believe that there is any such thing : I have been in all the Common-wealths in Europe , & I could not find any such thing as a Free-State , I could find the word , Libertas fairely written over their Gates , but within ther Wals the greatest Bondage & arbitrary power that could possibly be imagined in any part of the world , but no Liberty at all that I could find , but only some few there were , who had liberty to do what they would with all the rest . Geneva may of six , Genoa may have seven , Venice may have eight , the Holla●ders nine or ten , England may have five Members or Leading-men as they call them ; but what 's all this but taking the Government from off its shoulders , and putting it in some hand ? and when you have done , its ten to one but you shall find one of the fingers longer then all the rest , and if you please you may call that King , and all the rest subjects ; what 's this but a change from a Monarchy with one Crown , to a Tiranny with so many heads ? If it were so that all Free-States , as they call themselves , had all equall power , it would be so much the worse , all these kinds of Government have their continuation and subsistance upon this only ground , viz. that necessity and craft drive them to come so near to Monarchy , and sometimes to an absolute Monarchy , when you reckon your hog and mogons only by the pole , and not by the polar star , that commonly is fixed amongst them , about which , all the rest move and turn . But what do we talke of Monarchy or Aristocracy or Democracy , behold a wel regulated Parliament , such a one as ours ●ight have been , and ought to be ; hath the benefit and goodnesse that is in all ●hese three kind of Governments , of Monarchy in the King , of Aristocracy ●n the Peers , of Democracy in the House of Commons , where the acerbities of any one is taken away by their being all three together , but if one will be all , ●hen all will be nothing . This stupendiously wise , and Noble way of Government had its dissolution by inverting the course it took in its originall . When the first William had Conquered the Nation , the Normans would not admit that any Laws should be observed , or rules obeyed , but only the will of the Conquerour ; and why so ? but because thereby the Conquerour might take away the Estates of any English-man , and give them to his Conquering Normans ; But in process of time ; when these Normans became English , they began to insist a little upon m●um and tuum , and would know the what that was belonging to the King , as a King , and to themselves as Subjects ; for by the former rule , the King might as well take away the Estates from one Norman , and give it to another , as he did formerly from the English , and give to his Normans ▪ wherefore they would have no more of that , but joyntly and unanimously Petitioned the King to the same effect , the King thought it reasonable , condescends to their desires , consultation was about the premises , the result of the consultation was , that the King should issue out Writs to the Lords Spirituall ( who in those ) dayes were thought the wisest and most Consciencious ) to reason with the King , and advise with him , as well concerning the bounding of the Ocean of Soveraignty , as bridling in the petty Rivers of private interest . These Spirituall Lords thought it a work of too high a nature for their private undertakings , wherefore they supplicated his Majesty , that the Lords Temporall might be also summoned by Writ , and joyn with them in the same Authority ; 't was done accordingly ; being done , they both thought it a businesse so transcendent , and of so universall concernment , that they found a way to involve the whole Nation in a joynt consent , which was , that all Free-holders in the Kingdome , in their severall precincts , might by the election of two in every County , disimbogue all their suffrages into theirs , and to remaine the Countries proxies , to Vote for , and to be directed by their several Countries ; and thus the Commons were brought in : but behold the Viper , that eats through the sides of its own Parent ; behold the Asses foale , who when she hath done sucking , kicks her own dam . The King brings in the Lords Spirituall , the Lords Spirituall bring in the Lords Temporall , both bring in the Commons , the Commons destroy both , both destroy the King . Neither was Kingship ( as they call it ) and Episcopacy better rewarded , for being the principall , and so zealous reformers of the Gospel , to have both their Crowns and Miters broke in pieces by the same hammer of reformation ; and the wals of their Pallaces mingled with Abby dust , casting thereby such a blot upon the very name of Reformation , that it will scarce be legible by Christians , except what went before , and what may follow after , may help the future ages to the true sence and meaning of the word : thus Rivers run backwards and drowne their own Head ; thus the monsterous Children who are borne with teeth in their mouthes , bite of the nipple , and starve themselves for lack of sustenance ; thus blind Sampsons revenge themselv●s upon their enemies , by pulling downe the house upon their own heads ; thus the formes of the most glorious government of a Church & State , are wounded to death through the sides of Reformation : If you are not , I am sure you will ere it be long be satisfied , that all the specious pretences of popular Government , Free-State , Liberty of the Subject , are but figments and delusions of the people , obtruded by vaine-glorious and haughty men , who knowing that they could not be that one Governour of all the rest , yet they hope to be one of many ; thus foolish children set their fathers barnes full of Corne on fire to warme their hands , when they are ready to starve for lack of bread : who had not rather live under a Government , wherein a man i● only bound to submit to him , whom it is honour to obey , then to live under a Government where every man is a slave , because every one is a Master ? Finally , my opinion is this , I had rather have my liberty to kneel before a Throne , then 〈◊〉 be the tallest man in a crowd , and should ●●inke it more for my ●ase and honour . CHAP. XIV . That there is no such thing as a Free-State in the World . IF by a Free-State , you mean a people who have shook off their Allegiance to their Prince , there are many such Free-States to be found , but a beggars-bush , or a company of Gipsies ( who propound to themselves new Laws , renouncing the old , and yet chuse a King and Queen amongst themselves , pleasing one another with a selfe-conceited opinion of a thing they call Liberty , which is no otherwise then an ignoble bondage of their own chosing , preferring the correction of a bundle of rods ( because their own hands have made them ) before the sway-meant of a Scepter , which God himself hath put into their Soveraignes hand ) is as good a Common-wealth , or Free-State as the best : but if you mean by a Free-State , a freedom from Tyranny , you will be as far to seek for any such thing in rerum natura , as for a reason why tyranny may not be in many , as well as in one : But if you mean by freedome an exemption from all such tyrannicall oppressions as are expressed in the Petition of Right ; I see not why such a Free-State may not be under a Monarchy : certainly I have seen such Petitions , and insistances , during the late Kings Reigne , as having relation to Free-born people of England , and should thinke that the Magna Charta defended by one , who had power to make it good against the infringement of many breakers , and by a Parliament of many , authorized to the same purpose against the pessundation of it by any one , be it by the highest , may not be as good a way to make , preserve and keep a Nation free , as well as the intrusting of a Nations freedome into the hands of a few , whose Independency deny all remedies to be either above them , or below them . It may be it will not be thought tedious , if I entertaine your eye and consideration with some observations of my owne , in those Free-states of Christendome ( as they call themselves ) wherein I have been . I shall begin with the Free-State of Genoa , wherein I have been resident some time , and the rather , because whilst England was a Kingdome , they could not have the face to stand in any competition with us ; but now the Kings armes were cut off as well as his head , how should we do to make a distinction between them and us ? for both the State of Genoa , and the State of England give the very same coat of Armes , and Saint George i● both our patrons : Certainly England must give the Halfe-moon as the younger brother ; and why should not the Moon crescent follow after , now the Turkish Alcoran is come before ? When the overspreading Romane Monarchy , like Nebuchadnezzars overgrown and lofty tree was brought only to a stump chained to the ground , and when the Keyes of Heaven and Hell had so wel fitted the locks belonging to the Gates of Rome , as to give way to the enterance of that high Priest into the Imperiall seat , then was Genoa a lop of that great fall , and soon after it was wrought into a bundle or faggot of a Common-wealth , untill such time as Charls the Great recovered all his Right in Italy , saving only the Holy Land , whose Princely sword could never strike at the already cloven Miters , but at Helmets . Amongst other Counties whose subduements , acknowledged Charls to be the Great , Genoa was one ; which City was no lesse happy then famous , in affording a man who honoured her Wals , with making it known unto the world , that he came out of them under the name of Andreas Dory , a Genoese ; this famous Andreas Dory was a zealous Common-wealths-man , and one of the new Gentlemen , as they call'd themselves , ( for you must understand , that when these States-men had shooke off the yoke of Soveraignty , they expelled all their Gentry or Nobility ; which no sooner done , but they made a new Gentry or Nobility amongst themselves ) and being a deserving man , the Emperour Charls the Great , will'd this Andreas Dory to aske and have what he desired of all that he had Conquered : he asked Genoa , the Emperour gave it him , to do with it what he pleased , he gave it ●●e Citizens , together with all their ●iberties , and former Freedomes , upon ●●is condition , That they should recall ●●e old Gentry in againe , and settle ●●em again in all their rights and privi●edges , which being assented unto , Ge●oa became a Free-state againe ; but be●old the Freedom , or rather the power ●nd bonds of love and gratitude , nei●her the old or new Gentry , nor the Common people , would allow of any ●hing that was said or to be done , but what this Dory should command or say : ●or was there a more absolute and pow●rfull Monarch upon the earth then he ; ●nd whilst he liv'd he did continue so , because the people would obey : who being once dead , the people soon found they did obey , because they must : Yet still it must be a Free-state , because Libertas was written over the Senate-House , and City-Gates , but neither within their Senate , or their Wals , was there ever such Tyranny over the common people , or the Citizens , then hath been all along , and is at this day practised by some few , who spit Monarchy in the face , and make no bones to swallow down all its adjuncts ? exercising their severall Tyrannies with this justification , that they are the Supreme Authority , whilst they deny Supremacy ; gulling the people into a sottish beliefe , that they are not suppressed by one hand , because it hath many fingers . I shall instance unto you one particular , which was done whilst I was there , whereby you may easily judge in what Free-state their commons live ▪ There was a substanciall Citizen , between whom , and a Noble Genoese there was some grudge , this Senator studies a revenge , and thus he intends it to be put in execution . He gives command to one of his Braves ( for so they call their Executioners ) to kill this Citizen : this Slaughter-man ( being by reason of some former obligations ) struck with some remorse , of doing so high an act of ingratitude , to one , who had so well deserved at his hands ; discovers the whole plot to his so much acknowledg'd patron , who very much acknowledges and commends the ingenuity of this discoverer ; bids him to follow him where he leads him over a trap , where the leader knew full wel how to order his steps , so that he might advance safely over the place , but the follower ( ignorant of these observations ) must needs fal down a precipice , no lesse terrible , then destructive ; the poor man is slaine : this perfidious murderer watches his opportunity of meeting this designer of his death , in the Merchato , and gently takes him by the arme , and desires him that he might speak a word with him ; they withdraw themselves out of the walke to a private corner : the Citizen tels this Noble-man that his servant had betraid him , in discovering his design to him on whom it should be executed ; in detestation of which perfidiousnesse , he had given him the reward of a Traytor ( declaring the manner and forme as is expressed ) and desired in all humility that he would be pacified , and that whatsoever differences were between them , that he would bepleased to be his own Judge , whereupon they both became friends , no lesse satisfaction being acknowledged by the one , then ingenuity on the other party . Such shifts as these , are these Free-borne people faine to make , to appease the wrath and fury of their Lords and Masters : In a word , as their territories is no otherwise then a continued breach of three hundred miles along the sea-shore , so the Inhabitants live no otherwise then do the fishes in the Sea , the greater fishes devour the lesse ; so where there is no King in Israel , every man doth that which is good in his own eyes : it cannot be otherwise . From thence I went unto the Free-state of Lucca , and there I found the Free-men to have six Princes every year ; and the Senate chusing six men , who elect a Prince for the Common-wealth every two moneths ; this Prince ascending his Throne up these six steps , acts what he pleaseth : nor have the common people any more liberty , then the most rigid Calvinist will allow a Papist , free-will : Neither is there any other difference between this government of the Free-state of Lucca , and the Empire of Germany ; but that the one have so many Prime chusers , and the other so many Prince Electors , the one keeps it within the house of Austria , and the other keeps it out of the house of the Medices . I went from thence unto the Ancient Common-wealth of Venice , whose government ( if in any ) I should approve of , because they never revolted from a better : but yet I must tell you , that at my first enterance into that City , I found the people full of complaints , of the heavy Taxes , exorbitant power and arbitrary government , which seized upon all their plate , and what other goods of value they had , for the use of the State , toward the maintenance of a War , which was both foolishly begun , and most carelesly run into by their Trustees , or Representatives ; for the Pope of Rome had certaine intelligence that the Turke was preparing to make War against some part of Christendome ; the Pope sends to all the fronteir Princes of Christendome , advising them that they should all agree as one man to make it their own case , and that they would assist one another , on what part of Christendome soever the storme should fall , and that the severall Embassadours would take it into consideration , about proportioning every Prince or State according to their abilities , for their severall supplies of men and money ; to which they all soon condescended , except the Venetian , who told the rest , that there was a League between the Grand Seigniour and the Venetians , and therefore they were not t● fear any such War to be intended against them ; to which it being demanded , that if the Turke prevailed against other parts of Christendome round about the Venetians , whether they thought he would let the Venetians alone at last or whether the Venetians thought so or no● , whether they did not thinke themselves bound in honour and Christianity to defend their neighbour-Christians against so common an Enemy ? to which it was answered , by the Venetians , that the very entring into such a league and covenant with them , were enough to break the peace between them and the Turke ; whereupon the Juncto was dissolved , and every tub was faine to stand on his own bottome : but it fell out , that ( by the machiavillianisme of the Card. Richlieu , who taught and perswaded the Turke to break the League between him and the Venetians , because he would not have the Venetians to lend the Emperour so much money , but would find them wayes how to disburse it otherwise ) the Turkes waged War only against the Venetians , and none else , whereupon they were faine to endure the whole brunt of the War themselves , and had no body to help them : this being so grievously found fault with by the common people , and their goods taken away , ad placitum , their persons prest de bene esse , whether they thought so or no : I would faine know what liberty these people had , who could find such faults without remedies , and lose their goods without redresse ? what liberty is there in having freedome in the State , and none in the condition ? I shall part with my children with tears in mine eyes , and through the same water behold the word , Libertas , written upon the Rialto ; what am I the better for this freedome ? am I robbed of all my money , because one thief takes it away ? and am I not rob'd because six or seven layes hold upon me ? believe it , I never heard such complaints , neither in the King or Parliaments time , of oppression and tyranny , as I heard in this City during the time that I was there ; and this not only during the War , but also in the times of peace , five or six men rule the whole State , and it may be the Prince none of them neither . I shall relate unto you a story of one Loridan a Noble Venetian , who keeping a Curtisan , on whom he was intended to bestow a favour , he went into a rich Shop for to buy her some Cloth of gold to make her a Gowne , the Prentice was only in the Shop , whom he commanded to cut out so much of such a piece as the Taylor gave directions , which done , he will'd the Prentice to tell his Master , that he would be accomptable to him therefore ; the boy excus'd himself , it being but a servant , and not having any such directions from his master , not doubting , but that if his Master were there , he would willingly trust him for what he should be pleased to command ; the Noble Venetian takes his leave , willing the Boy to tell his Master , that he should rue the day that ever he kept such a sawcy Boy to give him such an affront , and so departed in great fury : the Master of the Shop presently comming in , and hearing the relation of what had happened , tore his haire , wrung his hands , stampt upon the ground , and like a mad-man cryed out that the Boy had undone him , and and all his posterity ; takes the whole piece with him , follows this Noble Venetian to his Curtisans , offers to bribe the Curtisan with the whole piece , if she would intermediate for him ; which with much difficulty , & many pleadings she so appeas'd his wrath , that he was satisfied : and this was as common for a Senatour of Venice to do , as for a Parliament-man to pay no debts . Neither is there any Law or Justice to be had against any of these States-men : There was a Noble-man who was an Austrian both by birth and family , who being a Traveler , chanc'd to cast his eyes upon a fair and virtuous Lady , who in every respect were deserving of each other : This Noble-man had no sooner made his mind known unto this Paragon for beauty , but he was soon obstructed with a corrivall , who was a Nobile Venetiano ; who perceiving his Mistresse affections to this stranger , to be more liberally expressed then unto him , contrives his death , and soon effects it , shee loving her Martyr more then either others conceived , or shee her self could brook so great a crosse concerning them , studies revenge , and being an Italian found her selfe easily prompted by her own naturall inclination , she pretends much love , that she might the better put in execution her greatest hatred , shee gets him into a chamber , where shee praies him to rest himself in a chair , wherein he was no sooner sat , but his arms and thighs were caught with springs , & being thus fastened , shee murders him with her owne hands , and flies for sanctuary to the next Nunnery within the Popes Dominions , leaving behind her , by the murdered , these words , written with her own hand in a piece of paper , Because there is no justice to be executed against a noble Venetian , I have been both Judge and Executioner my self . Men may talk what they will , and fancy what they please , but there is no more difference , in point of freedom between a Monarchy and a Free-State ( as they call it ) then there is between a High Sheriffe of a Shire , and a Committee of a County ; V●rum horum mavi● accipe . Now for the Free-State of our Neighbour Netherlands , otherwise called the States of Holland ( who have sprung up ( as all other free-States will do at last ) from the submissive and humble stilings of the distressed , to the high and Mighty ) The particulars which occasioned their revolt from their Soveraign the King of Spain I shall not insist upon , but referre you to the Spanish and Netherland Histories ; only I shal hint upon the main inducements to their Rebellion ; viz. Religion and Freedome . For the first , There is not a People amongst whom the name of God is known , to whom Religion is a greater stranger , then unto these stilers of themselves , Reformed Protestants ; for if this Free-state , who allow all Religions both of the Jews and Gentiles , whose severall Churches own , in capitall letters over their doors , the severall s●cts of Religions , to which each Libertine is inclined , be Religious , then the Pantheonists were as truly reformed and religious as the Amsterdamians ; but as he , who sacrificed to all the Gods in generall must needs have sacrificed unto the true God , and yet know him not , because he joyned others with him , who was to be worshipped alone : So that Country which embraceth all Religions , happily may have the true Religion among●● them , and yet have no Religion , because they admit of many , being there is b●● one : This I speak in reference to the Country , not to particular men . Neither is there a sort of Christians in the world who are less servants unto Christ , if it be enough to make them so , to be the greatest prophaners of his day : for the Sabbath day is only distinguished from other daies , by a Sermon in the Church , and the Alehouse being full of Mechannicks , drinking and carousing from morning untill night , the shops are open , and buying and selling all the day long , excepting halfe the window , which is to distinguish the day , but the door is open to let in the buyers , and the other halfe of the window is open to let in the light : and wonderfully strange it is and remarkable to consider how these people , who shook off their allegiance to their Prince upon pretences of Reformation , should be so besotted , as to fall into such a strange and unheard heard of prophanenesse of him , and the day whereon Christ himself is to be worshipped , as in their Metropolis , or chief City , to have a dog ●arket kept to the utter scandall of ●●ue Religion , and Christianity it selfe , ●●is is no more then what I have seen , ●●d if it were not true , it were easily re●●rned upon my self as the greatest im●●udence that could be imagined ; but O ●●e partiality of the picture-drawer , ●hen he receives large wages for a si●ilitude ! he insults over his own work ●nly because it is like , when the face it ●elf is most abhominable . Now for their freedome from Ty●anny and oppression ; if the Turkes or Tartars had conquered them , they never would ( nor never did where ever they extended their dominions ) impose such taxes and rates as they have imposed on one another , incredible ; even to the full value of the severall commodities , which run through their natives hands ; but you will aske me , how it is possible they should live then , to which I answer you , by sharking and cosening of strangers : Let any forraigners come there and ask for a dinner , and for such a dinner as they may well afford for eight pence a piece , they will ask you five shillings a man ; find but the least fault with them , and they will demand twelve pence a piece more for fouling of linnen ; and if you seem angry at that ▪ you shall mend your self with the payment of six pence a piece over and above , for fouling the roome : and seeke a remedy , and you shall be told , the Prince of Orange himself if he were there could not help it : altom all , is all the reason they will give you ; if in sadnesse you shall complaine of such abuses to indifferent Judges , they will tell you , that the States do lay such heavy taxes upon the Inhabitants , that they are faine to fly to such shifts for their subsistance ; thus men pleased with the itch of Innovation , are contented to scratch the bloud out of their own bodies , till they feel the greatest smart ; rather then their Physitian should let out a little spare bloud , to cure the disease , and preserve them in good health ; but you will say , that for all this , they thrive and prosper abundantly , so do the Argiers men , but with what credit and reputation in the eye of the world ? I believe both alike : It was not their strength or policy , which brought them to this height and flourishing condition : but it was our policy of State , in ●●mulation to other Princes , which hel●ed these calfes to Lions hearts , teeth , ●nd clawes , untill the high and mighty ●utter-boxes stood in competition with the Crowne : and I am afraid the siding with such Rebels , hath turned Rebel●ion into our own bosomes , as a just ●udgement from that God who is a re●enger of all such iniquities ; they may call it the Schoole of War , whilst wanting a good cause , it could be no otherwise then the Christians shambles : I should be sorry that Holland should be the English-mans Looking-glasse : a spur for his feet , or a copy for his hand . I hope the hand of providence will cure us , like the Physitian , who cur'd his patient by improving his disease , from a gentle Ague , to a high Feaver , that he might the better help him . CHAP. XV . That Episcopacy is Jure Divino . IN this discourse I shall not trouble my selfe , nor you with Titles , Names and words of Apostles , Evangelists , Arch-Bishops , Bishops , Patriarchs , Presbyters , Ministers , Angels of Churches , &c. which were all from the highest to the lowest , but tearmes reciprocal ; and were often taken in the Church of God , and in the Scripture it self , for one and the same : for if any man , though never so meane , a Minister of the Gospel converted any Nation , the Church ever called him , the Apostle of that Country ; as Austin , though but a Monke , was every where tearmed the Apostle of England : and Saint Paul , being an Apostle , stiles himselfe a Minister of the Gospel of Jesus Christ : Paul bids Timothy being a Bishop , to do the work of an Evangelist ; and therefore no wonder if Bishops and Presbyters be ●ften mentioned for one and the same : ●ut it is a great wonder that any man●er of men , should make this a ground ●or any argument against Episcopacy ; ●hese kind of arguments instead of stri●ing fire that should light the candle , ●hey do but pin napkins over our eyes ●nd turne us round , untill we know ●ot where we are ; and then we grope ●or we know not who , and lay hold ●f we know not what : he that will ●ut down this over-grown up-start tree ●f errour , must first clear his way to the ●oot , and brush away all those bram●les , and briers , which grow about it ; ●e must not leave any thing standing ●hat may lay hold of the hatchet , and ●eviate the stroke , turning the same ●dge upon the feller , that was intended ●or the tree : if we should insist upon ●ames and titles , we should make but a ●onfounded piece of worke , and run our ●elves into a most inextricable labourinth and Mazes of errour ; Where we might run and go forwards , and backwards , and round about , and nere the near : Christs are Kings , Kings are Gods : God is Christ , and Christ is Bi●hop of our souls : Bishops are Presbyters , Presbyters are Ministers , a Minister is an Apostle , an Apostle is a Minister : and so if you will quite back againe . I must put off these , as David threw away Sauls Armour , non possum incedere cum iis , I love to knock down this monstrum informe ingens in lumen ademptum , with a blunt stone taken out of a clear River , which with the sling of application may serve well enough to slay this erroneous Philistine , though he were far greater then he is . In the first place therefore let as understand what is meant by Jus Divinum , if any man meanes that Episcopacy is so Jure Divino , that it is unalterable , and must continue at all times , and in all places ; so that where it is left off there can be no Church , he meanes to give much offence and little reason ; for there is no question but the Church may alter their own government ( so that it be left to themselves to alter ) as they shall thinke most convenient , as well as alter the Sabbath from the seventh day to the first of the week , or as well as they chang'd immersion into aspersion of the baptised , and many other things which carried as much Jus Divinum with them as Episcopacy , and yet were chang'd . The Jus Divinum , that is in Episcopall Government , doth not consist in the Episcopacy , but in the Government , be it Episcopall or what it will ; but where the government is Episcopall , no question but there Episcopall government is Jure Divino , because a government ; and if it were otherwise that government into which Episcopacy degenerateth , would be Jure Divino , as well it , provided that none touch this Ark of the Church but the Priests themselves ; for if the hand which belongs to the same body pull the hat from off the head , the man loses not his right , only he stands in a more humble posture , but he is in as strong possession of his owne right , as when 't was on his head ; but if another hand should chance to pull it off , the party stands disgracefully depriv'd of his highest right and ornament : So if Episcopall Government of the Church be put down , or altered by Church-men themselves , the Jus Divinum is but removed from the supremacy of one , and fastened in the stronger hold of many members , for this is a Maxim that admits no posterne ; power never fals to the ground , neither in Church nor State , but look what one lets fall , another takes up before ever it comes to ground , wherefore loosing nothing , they keep their own ; but whether this power in Church or State in the point of convenience , be better in the hands of one or many , let whose will look to that , that 's not my work ; neither the names of governments nor the numbers of governours shall ever be able to fright away this Jus Divinum out of the Church government , be the government what it will , bene visum fuit spiritui sancto & nobis , keeps in the Jus Divinum , be the government never so altered , whereas forbidden and improper hands , actions , as unusuall , as unwarrantable lets out this Jus Divinum , when they have changed it to what they can imagine ; now whether or no it be proper for a Lay Parliament or a Representative of Lay-men , by the power of the Sword declining the Kings Authority , will and pleasure , who was appointed by God to be a nursing Father of his Church , to alter Church-government so Antient , so begun by Christ himself in his own person , over so many Apostles , so practis'd by the Apostles over others , so continued all along , I mean Episcopacy , that is to say , one Minister constituted an overseer of many , and to lay hold upon tumults and insurrections , to pull down these overseers , and for men who in such cases should be governed by the Church , to pull down the Church-government without any the least consent of the Church-governours ; I leave it for the world to judge , only my own opinion is this , That any government thus set up , or by such practises as these altered , must needs be so far from being Jure Divino , that it must needs be Jure Diabolico ; but it may be objected , that if they should have stayed untill the Bishops had altered themselves , they might have staied long enough ; to which it may be answered , that had the Bishops been but as poor as Job , there would have been no such haste to change their cloathes : The Ark was a tipe of the Church , and whatsoever was literally commanded concerning the tipe , must be analogically observed in the thing tipified ; God sate in the Mercy-Seat that was over the Ark , the Ark contained within it Aarons Rod , and a pot of Manna , so the Church containes the Law & the Gospel , the killing letter and the reviving spirit ; others interpret the Rod to signifie the government and discipline of the Church , as the Manna the Doctrine of Christ , and food that came down from heaven : I take it to signifie both , and both answers my purpose , if both be therein contained , neither must be touch'd but by the Priests themselves ; neither must we confine this prohibition to the Priests of the Law only , but we must extend it also to the Ministers of the Gospel , both which were tipified by the two Cherubims , or ministring Angels of the Almighty ; these Ministers or Angels , though opposite to one another , yet they both lookt alike , and neither of them upon one another , but both of them upon the Ark that was between them , there was mutuality in their looks , and their wings touch'd one another ; so though the Ministers of the Law and the Gospel seem opposite in the administration of the same grace , yet they must come so near as to touch one another in the manner of the administration , exempli gratia ; as there was in the old Law High Priests , Priests and Levites , so in the new Law , Bishops , Presbyters and Deacons ; as none but Priests were to touch the Ark , so none but the Ministers should reforme the Church . Thus much for Government ; now for Episcopacy , the question then concerning Episcopacy will be , whether or no Jure Divino , one Minister ( which answers to all names and sorts of Church-men , and Church-officers whatsoever ) may not exercise jurisdiction and power over many Ministers within such a place or territory ? if this be granted , the Bishops aske no more : if it be denied , how then did Christ Jesus , Bishop of our souls , give orders and directions to his twelve Apostles , and taught them how they should behave themselves throughout this Dioces the whole world ? how did Saint Paul exercise jurisdiction over Timothy and Titus who were both Bishops ? and how did these two Bishops exercise jurisdiction over all the Ministers of Creet and Ephesus ? was not this by divine institution ? If I find by divine writ , that Christ laid the foundation of his Church in himselfe alone being over all the Apostles , and if I find that these Apostles , every Apostle by himselfe ( in imitation of ou● Saviour ) accordingly exercised jurisdiction and authority over many Minister● which were under them , and commanded others to do the like , as Paul , Timothy and Titus , and if I find the practise of the Church all along through the whole tract of time , to continue the like Discipline ; shall not I believe this Discipline to be Jure Divino , except Christ sends down a new conje deslier from heaven , upon the election of every new Bishop ? Christ laies the foundation , we build upon it , he gives us the modell , we follow the pattern , the Church is built ; is not this by Divine Right , because he doth not lay the severall stones with his own hands ? Christ promised that he would be alwayes with his Church , and that he would send his holy spirit amongst them , which should lead them into all truth , so that the gates of Hell should not prevaile against it ; but if Episcopacy be Anti-Christian , then the gates of Hel have not only prevailed against it a long time ; but all along . As all Judgements are given in the Kings name , and all records run Rege presente , though the King be not there in person , but in power ; so the universall and un-interrupted and continued and generally received Discipline of his holy Catholick Church ( which Church we are bound to believe by the Apostolical Creed ) is Christo presente ( Ergo Jure Divino ) though Christ be not there in person , but in power ; which power he conferr'd upon those who were to be his successours , which were called Apostles , as my Father sent me , so send I you : and he that heareth y●u , heareth me ; and loe I will be with you alwayes unto the end of the world : surely this Discipline of one over many , call it what you will , is to descend and continue unto the end of the world . Object . But it may be objected , How can you prove that Christ commanded any such thing , or that Christ gave to the Apostles any such power , as to make successors in their steads , with a warrant for it to continue from age to age ? Sol. Where do you find that Christ gave the Sacrament to any but his Disciples ? drike ye all of this , but they were all Apostles to whom he said so ? where did you find that Christ administred the Sacrament , or commanded it to be administred unto any Lay-men , or women ? therefore is not the Sacrament given unto them Jure Divino , because the words were left out in the conveyance ? when there grew a disputation concerning Divorcements , Christ sends us to the Originall , Sic autem , not fuit ab initio , if Christs rule be good , then the Bishops are well enough , for they may say concerning Episcopacy , I mean one over many ( and that safely too ) sic erat ab origine , some are very unwilling that this Episcopacy should be intaild by Christ upon his Apostles and their successours , out of these words , Mat. 28.20 . I will be with you alwaies to the end of the world ; they will not have it to mean in their successours ; but the meaning to be this , I will be with you alwayes unto the end of the world ; that is to say , in the efficacy and power of my word and Gospel , to all ages : why may it not signifie this , and that too ? that it doth one , is no argument but that it may do both : God made all things , in number , weight , and measure , and will you ●●●ike his word ? shall sensus factus thrust out sensus destinatus out of the Scriptures ? the first Ministers of the Gospel must adequate to the first Minister of the Law , and behold the same method observed in both their institutions : what difference is there between Christs words to his Disciples , I am with you alwayes unto the end of the world , Mat. 28.20 . and Gods words unto Aaron at his setting him a part for the High Priests office ? This shall be a Statute for ever unto thee , and to thy seed after thee , Exod. 28.43 . Certainly if the Gospel be nothing else but the Law revealed , and the Law be nothing else but the Gospel hidden ; whatsoever is written or said of the Ministers of the one , must needs have reference also to the Ministers of the other : and I shall desire you to look a little back upon the words which God said to Aaron : when God speakes of the seed of Aaron , he only maketh mention of the seed after him ; but when he speakes of the Statute , he saith it shall be for ever : if I do not flatter my own judgement that tels me , that this Statute of High Priest-hood , or Episcopacy , call it what you will , must have heires after the seed of Abraham is expired , and did not the Catholick Church all along call the receiving of the holy Ghost , the order of Priest-hood ? did ever any record above seven years date call it making of Ministers ? and why are they angry with the word Priest ? is it because the Prophet Isaiah Prophecying of the glory of Christs Church tels us , we shall be named Priests of the Lord , but that men shall call us Ministers of God ? Isay 61 , 6. If the Ministration of the Law be glorious , shall not the Ministration of the Gospel be much more glorious ? 2 Cor. 1.3 . and shall the Ministers of the same Gospel be lesse glorious ? when you see a man that cannot abide to see anothers glory , you may be sure he is no kin to him , or very far off ; so you may be assured that these are no true sons of the Church , nor no right children , who thinke a Chaire too great state for their fathers to sit in : In the Apostles time these Bishops , or if you will , Superintendents ( which are all one in signification , only a good Greek word chang'd by Mr John Calvin , into a bad Latin word ) were stiled Embassadours of the Almighty , Stars of Heaven , Angels of the Church , ●c . but now these Embassadours are ●sed like vagabonds ; these Stars , are ●ot Stars but fallings , and the Angels ●re no where to be found bu● ascending ●nd descending Jacobs Ladder , whilst ●his reputation was given unto the Church , and to its officers : the stones ●f its building were in unity , but as it ●s now it seemes no otherwise , then as a Corps kept under ground seemingly in●ire , but once touch'd , soon fals to dust and ashes : Never was there such a monster as this ruling , and thus consti●uted Pre●bytery , the father of it Rebel●ion , the mother Insurrection , the midwife Sacriledge , the nurse Covetousnesse , the milke Schism , the coats Armour , the rattle Drums , a Bloudy Sword the corrall , Money the babies it delights to play withall , it grows up to be a stripling , and goes to school to a Councel of War , its lesson is on the Trumpet , its fescue a Pistoll , its going out of school in ranke and file , its play-dayes the dayes of Battaile , and blackmunday the day of Judgement ; it comes of age and is Married with a Solemn League and Covenant , it begets children like it self , whose blessing upon them is the power of the Sword , an● whose Imposition of hands are broke● pates ; this monster cries downe th●● truely Antient Catholick and Apostollick power which the Bishops exercised , and then take it up againe and use it themselves in a higher nature then eve● any Bishops or Apostles themselves did or durst have done , even to the excommunication and deposement of their Kings ( to the delivering of them up unto Satan , and to Hang-men , if they stood but in their way ) to whom the Apostles taught submission ( how faulty so ever they were ) and if not obedience , yet submission , to every one of their ordinances , if not for their own sakes , yet for the Lords sake , and for Conscience sake : these men cry down the same authority , as Popish , whilst they exalt themselves above all that are called Gods , in a higher manner , then ever any Pope of Rome ever yet did : we will begin with this Monster in the very place of its Nativity , and so observe him all along through the whole tract of time ; we will consider how it dealt with the first Prince , under whose Dominions it pullulated , which was under the Prince and Bishop of Geneva , and these two were both nullified in the same person , as they were both here in England by the same Parliament ; verefying that max●m of ours ( with that fore-running of theirs ) No Bishop , No King ; and then we will shew you how they dealt with our Princes here at home , where ever they had a power , viz. with Mary Queen of Scots , and James and Charls the First Kings of England and of Scotland both , and then usurpe a power themselves higher then Popes or Kings . Calvin with his gladiators , having expuls'd the Prince and Bishop of Geneva , sets up a government so high , and unexpected , that the people would have nothing to do either with him , or his government : and thereupon they banished him the City : Calvin ( in exile ) bethinkes himselfe how he might appease their fury , and give them satisfaction , and be invited in again ; Calvinus de tristibus thinks it his best course of endearing himself unto the people , to make them sharers with him in the government , whereupon he invented his new fangle of Lay-Elders , and so all parties were agreed ; In comes Mr John Calvin ( whilst he was scarce warme in his seat ) I shall present you with a story of him and of his demeanour of himself towards the temporall Throne : There was a Noble-man of Italy , who liked the Reformation which he had begun so well , that he forsook his Religion , and Country , sold his Lands and fortune , converted all into money , and took sanctuary in Geneva ; as soon as he came there , great rejoycing & insulting there was , that their cause was honored with so high a convert : The grand Seigniour fals a building ; directing his Masons , he found one of them something more sawcy then to what his Lordship ( in his own Country ) had been accustomed , little thinking that where there was promised so large a respect of souls , there had been so little respect of persons : this Noble-man hereupon gives this Mason a gentle tap upon the head , the Mason flies upon him like a Dragon , and fhakes him by the beard : my Lord not being used to such course salutations , stabs him with his dagger , thinking nothing lesse but that so high a provocation would have pleaded his indempnity ; no such matter , my Lord was soon ●aid hold on and brought to his triall : Calvin upon the tribunall , not as a ●emporall Judge in such cases ( take ●eed of him ) but only to be asked his opinion in cases of Conscience ; the Delinquent pleads for himself , tels them ●ow insolently he was provoked , and wonders , considering such provocation , he should be questioned for so vile a ●arlet : Hereupon Mr Calvin soon starts up , and tels him , that with God ( whose seat they held ) there was no respect of persons , and for ought he knew , that man whom he despis'd to death , was as near and dear to God and his favour , as himself ▪ their Laws knew no such distinction as man-slaughter , and murder ; but they were regulated by the Divine Law , that told them , that the man that shed mans bloud , by man shall his bloud be shed , that there was no exemption by greatnesse , nor buying it off by favour ; the Noble-man replied , that he had not been long enough amongst them to be acquainted with their Laws ; it was answered , that the law of Nature did forbid that , of which he could not be ignorant ( all this was well enough ) My Lord told them how hard a case it would be , for a man out of his love and liking to the place and manners , should seeke to it as a sanctuary for his conscience , and so soon find it his grave : that he was heartily sorry for what he had done , and would give any satisfaction to his wife and children that the Court should order , or his estate allow ; h● intended the man no hurt , before such rough hands shook him out of himself , that he knew not what he did , and therefore he humbly begg'd their pardon , assuring the● for the future , that his waies should be so directly answerable to those paths they walked in , that he would not by Gods grace hereafter step aside ; the temporall Judges , wonne with his humble and submisse behaviour , began to relent , and desired Mr Calvin to abate a little of his rigour , for the reasons before mentioned , assuring him that his case was no common case , and therefore it ought to have respect accordingly ; hereupon there grew a hot dispute between the spirituall , and the temporall Judges ; Calvin remained stiffe in his opinion and would not be bent to the least mercy ; the Nobleman thought to throw one graine of reason more into the ballance , that should turne the scales , and that should be taken out of a consideration had of their own good : for saith he , if you shed my bloud hand over head , without any the least respect had to my years , to my birth , to my education , to the little time I had of being acquainted with your Laws , nor to the provocation it self , nor to the suddennesse of the action , nor to the surprize of all my senses , nor to the satisfation I would have given , nor ro the repentance of my very soul , who will come amongst you ? what Lord or Gentleman will live within your wals ? wherefore if you will have no consideration of me , yet consider your selves ; consider what a blow it wil give to your Religion , how many this very thing will stave off from ever having any thing to do with you ; by this time they were all prone to mercy , but Calvin alone , who stands up and cries fiat justitia ruat Caelum , neither could he be brought to give his opinion , that the Jury ( as we call them ) might not passe upon him , but out went the Jury ▪ and contrary to their owne Law , hearing the Noble-mans plea , and observing well the inclination of the Bench in generall , they brought in their verdict , not guilty ; whereupon the Noble-man was acquitted : hereupon John Calvin rises from the Bench , and whilst the rest proceeded to their matters , cals all the Ministers within the Wals and liberties of Geneva , who appear before the Judgement sets , with white wans in their hands , which they laid down , telling them , that with those wans they laid down their offices , protesting that they would never preach the Gospel to a people whose humane Laws should run contrary to the Laws Divine ; and suddenly turned about and took their leave : which being acted with so much gravity , wrought so much upon the beholders , that they presently sent for them back againe , and hanged the Noble-man . This story I have read in their own History in Geneva , then which my thoughts were then , as they are still , that never any Pope of Rome , did act as Pope of Rome , or so much as claime halfe that authority over the Civill Magistrate , as this anti-pope did virtually act ; and yet was not ashamed to make lesser matters then this , the ground of his quarrell with the Bishop , who also was their Prince , when in his own person he acts the part of both . Now we will see how these kind of ●reatures have plaid the masters of mis-●ule among our Princes here at home . King James in his discourse at Hampton Court , tels us , how the Presbyterians ●ecame Lords Paramount in his Kingdome of Scotland , and how they used his Mother the Queen of Scots , viz. Knox●nd Buchanon and the rest of that gauge , came unto Mary Queen of Scots , and told ●er , that by right , no Pope nor Poten●ante whatsoever , had any superiority over her in her own Dominions , either ●n cases Civill or Eccesiasticall , but that ●hee her self was Supreme in both ; and constituted by God as the only nursing mother of his Church , within her Dominion , and therefore conjured her to look about her , and not to let the Pope of Rome or any of his agents , to have any thing to do within her territories , and to have care of Christ Evangil as ●hee would answer it at the dreadfull day of judgement ; shee gives them her ●ar , and at last her authority , they make use of it in the first place , to the pulling down of the Bishops , and exalted themselves in their roome ; when the Queen look'd for an absolute Supremacy , behold all the Supremacy that these men would alow her , was , not so much as to have one private Chappell for her self , nor one Priest whereby shee might serve God according to her own conscience ; shee finding her self so much deceived , labours to recall her authority ; they kept her to it , shee takes up Armes , they oppose her , fight her , bea● her out of her Kingdome , shee flies into England , they follow her with invectives , thrust jealousies into the Queen of Englands bosome concerning her , shee is imprisoned , and after a long imprisonment put to death : King James having related this passage in the forementioned discourse unto Dr Renolds , and Knewstubs and the rest , turnes unto the Bishops , and closes his discourse with this animadversion , wherefore my Lords , I thanke you for my Supremacy , for if I were to receive it from these men , I know what would become of my Supremacy ; the shining light of the Gospel , and the burning zeal of the Ministers thereof may fitly be compared to fire , which if it be not in every roome confind to on hearth , and limited to one tunnell , that may convey out of this so comfortable and necessary a blessing , all that may be destructive and offensive in it , up toward the highest ●egion , but is suffered like wild-fire to ●un up and down the house , it will soon ●urne all to flames and high combusti●ns ; so the government of the soul ●eemes to be of so transcendent nature ●o what the government of the body ●nd goods is , that if it be not overtopt with superintendency or Episcopacy , ●nd so disimbogued into the Supreme ●uthority , this comfortable heat if limited , as it turnes to our greatest benefit , so neglected and boundlesse , soon converts its self into a suddaine destru●tion and ruine , If you will hear how these men dealt with King James her Son , and Father to Charls the First , you shall find it in his Basilicon Doron , Crebrae adversus me in tribunitiis Conscionibus Callumniae spargebantur non quod crimen aliquod designassem sed quia Rex eram quod omni crimine pejus habebatur , are these men good subjects ? did they not convene him diverse times before them , school him , Chatechize him like a school-boy ? did he not protest unto his Son Henry , that he mislik'd their proud and haughty carriage ever since he was ten years of age ? did he not say that Monarchy and Presbytery agreed like God and the Devil ? and have we not found it so , if we consider the behaviour of our new mad● Presbyterians in England to Charls the Frist his Son ? O but the Presbyterian● had no hand in it , they pray'd and preach'd , and writ against it , fasted and pray'd for a diversion of all such intentions : but I pray , who took the Scepte● out of his hand , in taking away the Militia , of which it was an emblem , that should have defended him , was it not the Presbyterian ? who cast down his Throne by taking away his Negative voice , was it not the Presbyterians ? who took off his Crown , the fountaine of Honour from off his Head , by denying those honour on whom he had confer'd it without them , was it not the Presbyterian ? who took away his Supremacy singnified by the sacred unction wherewith he was anointed , in not allowing him the Liberty of his owne Conscience in the point of Episcopacy and Church government , was it not the Presbyterian ? who would not ●reat a minuite with their King before they had made him acknowledge himself guilty ( as they say ) of all the bloud that had been spilt throughout his Dominions , was it not the Presbyterian ? who ( notwithstanding all the Concessions on his ●●rt that could be granted , even to the ●ery grating his Princely Conscience , ●hen he bid them aske flesh from off his ●ones and he would not deny it them , ●it might have been a benefit unto his ●eople , prayed that he might keep his ●onscience whole , it was the Queen ●●gient of all good mens actions , and ●e hoped there were none would force ●is Queen before him in his House , as ●●asuerus said to Haman ) Voted not sa●isfactory so long , untill the Indepen●ent Army came from Edenb●rough , and ●urpriz'd and murdred him , was it not the Presbyterians ? he that said the Pres●yterians held him down by the haire , while the Independents cut off his Head , said true enough , they murdred him as ● King , before ever they murdred him as a man ; for what may the Independent say to the Presbyter , if yuo 'l take off his authority , we 'l take of his Head ; if you 'l make him no King , we 'l make him no body ; if you 'l make him a man of bloud , we 'l use him accordingly ; therefore at your doors O Persybterian hypocrites do I lay his Innocent bloud , it is but like the rest of your actions , committed by your Ancestors to former Princes all along . One thing I pray you well observe● ▪ There was never any reformed Church in Christendome , but when they shook off their Bishops , they made their apologies to all the Christian world , how they were necessitated to alter that antient and best form of government of the Church by Bishop● , in regard that they could not be drawn off from their obedience and dependance on the Pope of Rome ; and if possible they would retaine that laudable government as most convenient ; but never were there any reformers in the world , but ours , that ever held Episcopacy to be unlawfull and Anti-christian before ; and will you know the reason , which is only this , the Bishops what they receive , they lay down at his Majesties feet , as acknowledging him to be Supreme in all cases , when they would have him to be Supreme in no case , as Buch. de jure Regini plainly tels us that Princes are no more but the Proxies , and Atturneies of the people , and yet for all this the authority which they hold to be as Anti-christian in the Chaire , they practise as most Christian on the Bench , and much improve it ; these monsters , that they may the better cry downe the Divine Right that is in Episcopacy , and descended to them , from the Apostles , tel us ●hat the calling of the Apostles was extraordinary , and died with them : to make answer to which assertion , we must consider how many wayes a thing may be taken to be extraordinary , and if we find that it may be taken so many wayes , if we can prove a thing extraordinary one way , we must not take it to be extraordinary in every respect , exempli gratia ; Saul was extraordinarily called by God , because imediately by him , but this doth not make the calling of Kings to be an extraordinary calling , for that succeded ; so the Apostles were extraordinarily called by God , as not being called out of the tribe of Levi , nor taken from the feet of Gameliell , nor brought up in the schools of the Prophets , yet this doth not follow , that the calling of the Apostles should be extraordinary , for they had their successours : It may be extraordinary à parte ante , but not à parte post , only in regard of the manner of their election , but not in regard of the nature of their commission , they were called Apostles in regard of their mission , not in respect of their commission , which was no more but what Bishops had , neither doth the word Apostle signifie so great authority as doth the word Bishop , the one betokening but a Messenger , the other an Overseer , and therefore there is no extraordinarinesse hitherto , that they should not b● extraordinary . 2. A man may be said to be extraordinary , in regard of some extraordinary gift and endowment● which God hath given unto a man , as unto the Apostles the gift of tongues , of healing , &c. but thi● doth no way make the calling extraordinary for then it would follow , that if God Almighty should give unto any ordinary Minister , extraordinary gifts , then his calling should be extraordinary , or that the calling of Kings should be an extraordinary calling , because God bestowes on some Kings the extraordinary gift of healing . It may be further urg'd , the calling of the Apostles was an extraordinary calling , because they were pen-men of the holy Ghost , and in regard that the holy Ghost sate upon each of them , no , that doth not make it extraordinary quoad nos , that it should not descend , for other Divines and Evangelists , were pen-men of the holy Ghost as well as they , therefore what was not extraordinary to themselves , cannot be extraordinary to us . 4. For their receiving the holy Ghost 〈◊〉 is no otherwise but what all Bishops , ●astors and Curates do receive , when they ●eceive orders , Receive ye the holy Ghost , only the difference is this , they received it by the fleeing of cloven tongues , and they by ●●position of hands , but still the extraordinaries , consists in the manner , but not the matter of the thing received , so that ●ll this while there is no reason why this calling of the Apostles should be so extraordinary , as that it should not descend ; If Christ promised to be with his Apostles unto the end of the world , and they did not continue unto the end of the world ; surely I should thinke without any straining of Gnats , or swallowing of Cammels , that the meaning of our Saviours words should be this , that he would be with those in the assistance of his holy spirit , that should succeed the Apostles in their offices of supervising his Church , and propogation of his Gospel , except I should see more reason then I do yet , why the Apostles calling should be so peculiar , that it must not descend , or that the government of one over many , be so inconsistent with the Church her good in after-times , more then in the beginning , that Episcopacy should be so abominable . Briefly I can compare these Presbyt●● pulling down the Bishops , to no oth●● thing , then to a company of unhappy boy● who being not tall enough to reach 〈◊〉 fruit , and wanting a ladder , for the fr●●● sake , lay hold upon the branches and br●●● down a bow , making it thereby no part 〈◊〉 the tree , so these men , wanting mer●●● to taste the fruit of learning , and not h●ving capacity enough in themselves , t● reach those preferments , which the Church holds out to those who are deserving , they render that which was part of the Church ▪ as sever'd from the body , which is the highest kind of Sacriledge , not only in depriving the Church of part of its goods , but part of it self . Lastly , If there were no other reason to be given if not for the Divine Right of Episcopacy , yet for the lawfulnesse thereof , but this one topicall argument which I sha● use , raised out of the continued practise of the Church in all ages , to men whose faces are not bras'd so thick , that it were reason proof , it were sufficient in my understanding , viz. Suppose all the arguments which were for Episcopacy , were as weak as so many strawes to support a cause , yet though four strawes are not able to support a table , yet 〈◊〉 thousand bound up together in 〈◊〉 bundels , will hold it up as firme as so 〈◊〉 props of Iron ▪ so though some few 〈◊〉 of some few men within some few 〈◊〉 , are not able to make an argument 〈◊〉 Episcopacy , that shall be evincing , yet 〈◊〉 practise of the Church all along for 〈◊〉 hundred years , in fourteen hun●red Dioces , and throughout fourty ages , ●ake● good the argument against any few 〈◊〉 Straws or Wat Tilors whatsoever . 〈◊〉 But there were no Diocesan Bishops 〈…〉 primitive times . Sol. Was not Christ a Diocesan Bishop ? ●nd was not the world his Dioces ? were 〈◊〉 the Apostles Diocesan Bishops , when ●●e whole world , divided into twelve 〈◊〉 , were their twelves Dioces ? were not ●imothy and Titus Diocesan Bishops , when Creet and Ephasus were alotted to be their Dioces ? Ob. There were no Lord Bishops in those daies ? Sol. Those who ruled well were to be accounted worthy of double honour , and will you not allow them single Lordship ? Ob. The Lords of the Gentiles exercised dominion , but so shall not you . So. No , not such dominion as they exercised , there is a great deal of differe●● betwixt dominion and domineering , ●●●twixt Lordship and lording it over Go●● inheritance ; a paternall government 〈◊〉 never accounted intollerable but by unru●●● children ; if this were not to be allowed 〈◊〉 how did Christ rule his Apostles ? Paul , T●mothy and Titus ? both these , all the Ministe●● in Creet and Ephasus ? Ob. St Paul laboured with his hands th●● he might not be chargable to the brethren ▪ Sol. So might the Bishops if they neede● no more to study Divinity then did the Apostles , but if any benefactory had bestowed large revenues upon S. Paul , I see n● reason why he might not be a keeper 〈◊〉 hospitality , as well as he advised Timo●●● so to do ; but now Julians persecution is reviv'd ; Do not ( saith Julian ) destroy the Christians , but take away the maintenance of the Church , and that will bring their Ministers in●o contempt , and so destroy their Religion ; and now they are at it . Libera me domine ( saith Sain● Augustine ) ab homine impio id est libera me 〈◊〉 me , so we had need to pray unto Almighty God , that he would save his Church out of the hands of her Church-men , for shee now lies upon the ground like the tree that complained , that she was rent in sunder by wedges made out of her own body . FINIS . Notes, typically marginal, from the original text Notes for div A27115e-2290 See Buch. de Jure . Reg. Sam. ●4 . 5 . 
A43659	----	The judgment of an anonymous writer concerning ... I. a law for disabling a papist to inherit the crown, II. the execution of penal laws against Protestant dissenters, III. a bill of comprehension : all briefly discussed in a letter sent from beyond the seas to a dissenter ten years ago. Hickes, George, 1642-1715. 1684 Approx. 58 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A43659 Wing H1854 ESTC R5996 12271135 ocm 12271135 58249 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43659) Transcribed from: (Early English Books Online ; image set 58249) Images scanned from microfilm: (Early English books, 1641-1700 ; 187:16) The judgment of an anonymous writer concerning ... I. a law for disabling a papist to inherit the crown, II. the execution of penal laws against Protestant dissenters, III. a bill of comprehension : all briefly discussed in a letter sent from beyond the seas to a dissenter ten years ago. Hickes, George, 1642-1715. L'Estrange, Roger, Sir, 1616-1704. The second edition. [4], 30, [1] p. Printed by T.B. for Robert Clavel and are to be sold by Randolph Taylor ..., London : 1684. Written by George Hickes. Also ascribed to R. L'Estrange by the Nat. Lib. of Scot. Cf. Halkett & Laing (2nd ed.). Advertisement on p. [1] at end. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- Kings and rulers -- Succession. 2003-11 TCP Assigned for keying and markup 2004-01 Apex CoVantage Keyed and coded from ProQuest page images 2004-04 Olivia Bottum Sampled and proofread 2004-04 Olivia Bottum Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE JUDGMENT OF AN Anonymous Writer . CONCERNING These following Particulars . I. A Law for Disabling a Papist to Inherit the Crown . II. The Execution of Penal Laws against Protestant Dissenters . III. A Bill of Comprehension . All Briefly Discussed In a Letter sent from beyond the Seas to a Dissenter , ten Years ago . The Second Edition . LONDON , Printed by T. B. for Robert Clavel , and are to be sold by Randolph Taylor near Stationers Hall. MDCLXXXIV . THE Bookseller TO THE READER . THIS Little Book was first Printed in the Year 1674. Who the Author of it was , I cannot tell , nor dare I presume to conjecture . When it came out first it was received as the last thing that was written by a Late Learned and Right Honourable Author , who was in France at that time , and since hath been cited , as if it had been his , and I was so carried away with the common Opinion , that I was almost perswaded to print it under his Name , especially having heard , that the Late Firebrand of the Nation , The Earl of Shaftsbury always took it for his : But as I was ready to put it to the Press , a Gentleman , to whom I communicated my Design , did assure me he was not the Author of it , but another Person ; but because I cannot speak upon Assurance , for fear of mistake , I will not so much as hint to the Reader , whom I think him to be . I was perswaded by a Learned Gentleman , as ignorant of the Author as myself , to give it a New Impression ; and by this small Pamphlet , which came out so long since , the Republican Party might have seen , that there were good Men in the NATION , who would not sit idle , and see them run down the Government : For if a Loyal Subject at such a distance did Ten years since defend the Succession , when it was but lightly attack'd , it was easie to foresee , that there would be great Numbers to defend it , both with their Pens and Swords , when it came to be so powerfully opposed . God Almighty be praised for giving the KING the Victory over the Enemies of the Monarchy , and give his Loyal Subjects Grace to walk worthy of the same , Amen . Robert Clavel . A LETTER sent from beyond the Seas to a Noted Dissenter . Dear Cousin , I Was very glad to receive your Letters , but very sorry to find by them , that you are still so extreamly desirous of Innovations in a Government so well Established , as that is under which you live . I perceive you are more zealous then it becomes a good Subject , or a good Christian to be , for carrying on a Project of the Earl of Shaftsbury , as Unreasonable as New ; viz. That of Disabling a Papist to Inherit the Crown . For doubtless that proposal was first made , and afterwards promoted by him , the last Sessions of Parliament , not out of true Love to the Reformed Religion , but out of Spite and Revenge to the D. of Y — Who , were he not only Papist , but Heathen or Mahumetan ( which I think is not much worse ) would certainly have as good a Title to his Crown , and all his Temporal Rights , as if he were the most Orthodox and Holy Christian in the World. And I am perswaded , that my zealous Lord Chose would not be willing that the King and Parliament should make a particular Act , to disable his own Posterity , to Inherit the great Estate he hath got , if they should turn Papists or Atheists , as others have done before them . We all know what mischief in the World , that Damnable Doctrine has made , That Temporal Rights and Inheritances depend upon Saintship and Grace . And if it be clear from Scripture ( as nothing is more clear ) that a King ought not to lose his Crown , for not being a Christian , or for renouncing the Christian Religion as Iulian did ; then it is plain , that neither the Duke nor any other Prince ought to be debarred from the Crown , which is the greatest and most sacred of Temporal Rights , for not being Protestants ; or which is more , for renouncing the Christian Religion . And I am heartily glad , that God gave the Fathers of the English Church the Grace and Courage to defend her Doctrine , in opposing that Unreasonable , and truly Romish Proposal of my Lord Chose ; which if they had approved , and defended after it was proposed , they had truly acted in that like Prelats Popishly affected , and really shewed themselves to be what their Adversaries would fain perswade the World , they are . For 't is the Romish Church , and her Doctors , which maintain , That Kings Excommunicated , or Heretick Kings , or ( which is all one ) that Kings that renounce the Apostolick Faith , ought to be Deprived and Deposed . But 't is the Church of England that maintains the contradiction of that Unscriptural , Unevangelical Principle ; and thinks her self as much obliged to submit her self to a Heathen , Atheistical , Heretical , or Popish Prince , where she can , as to an Orthodox King ; and where she cannot , she thinks her self obliged to suffer , as her Saviour , like a Lamb brought to the slaughter ; and dares pretend to take up no Arms but those of the Primitive Christians ( Whose true Copy she is ) Tears , Arguments and Prayers . I say , it is the Church of England , that is of this Judgment , and neither the Church of Rome , nor the Kirk of Scotland ; both of which have actually Excommunicated and Deposed Lawful and Rightful Princes , under the Notion of being Hereticks , and Enemies to Christs Kingdom ; forgetting both alike the Precepts and Examples of our Saviour and his Apostles , on which the Church of England hath grounded the contrary Doctrine , as well as on right reason . Our Saviour , though God rendred unto the Heathen Caesar the things that were Caesar's ; he owned his right to the Empire , both by word and deed , although he were but the adopted Successor of the greatest Usurper that ever was in the World. Nay furthermore , he owned and submitted to the procuratory Power of Pilate , who acted but by Commission from the Emperour Tiberius ; who ( if there be any truth in the Character of Tacitus ) was one of the greatest Tyrants , and most wicked men that ever the World saw . And as for St. Paul , there is no Article of our Religion , not even that , that Iesus Christ is the Son of God , more clear in his Epistles , than that Every Soul should be subject to the Higher Powers ; that we should Obey , not only for Wrath , but Conscience sake ; that whosoever resisteth , receiveth to himself Damnation ; and lastly , that all the Powers ( and when he wrote there were none but Heathen Powers ) were ordained of God. I might here insist upon the Practice of the Apostles , as it is represented in their Acts , and the constant Submission and Sufferings of the Primitive Christians , as they are reported by the Ecclesiastical Fathers and Historians ; but the Scripture it self is sufficient to demonstrate the truth of this Argument , which the Church of England has not only established in her Doctrine , but her Fathers and Sons of late , maintained in their Practices : and which the Kirk of of Scotland ( agreeing in this and many other Points with that of Rome ) did ever oppose , both in Word and Deed. And since that Kirk and Nation have been of this Opinion , we need not wonder that the English Disciples of their Buchanan and Knox have practised those rebellious Principles , which have so debauched and corrupted the Subjects of the Kings of England , as to make them be proverbially called , The Kings of Devils : And which the Anababtists in Germany improved into this Maxim , That Saintship was the Foundation of Soveraignty , and that the Righteous ought to Inherit the Earth . And furthermore , if Crowns ought to descend upon Protestants only , then it is but just , that the Estates of all Subjects whatsoever should be so Entailed : and if for example , the D — of Y — must be cut off from his Rights , for being a Roman Catholick , then let the rest of the Papists lose theirs ; they are all alike Idolaters , and let them all alike suffer . And , to bring the Case to your own House , can you imagine that you your self ought to lose your Right to the Estate you have , or may have hereafter , upon that supposition , that you should turn Papist ; which men as firmly resolved against it as you have certainly done . These Practises and Proposals are such , that they have left a blot on the memories of some men , that seem more zealous than their Brethren . And I am glad at present , that the Religious Lord Chose is the Chief Patron and Promoter of such an Unreasonable and Romish Design . It is unreasonable to exclude a Popish Heir from a Crown , to which he derives his right from Popish Ancestors , and I have more than ordinary reason to call it Romish , because I have heard it maintained here among all the Priests I converse with . It is a Doctrine dearly beloved by the Romanists : And put but the Name of Heretick to a Prince here , and it is just the same case , as when you call a Prince a Papist in England ; where , if there be no more than my good Lord Chose that are Fautors of this Romish Doctrine , my Country is in a far better case than I thought it to be . And truly this noble Project of the late Lord Chose was condemned by all Protestants as soon as it took air in France ; not only for that it was an Ungospel way of Proceeding , and savours strongly of the Doctrine of Rome , which they abhor ; but because it puts their King in mind of a Project he is very much inclined to , viz. To make a like Law here , that none but a Roman Catholick shall ever be King , or bear any Office or Trust in the Kingdom . And certainly , if it should ever please God , for our sins , to suffer our Princes to backslide into Romish Idolatry and Superstition , we have nothing to do , but to pray , and like our Glorious Ancestors in Queen Mary's days , suffer quietly , when we cannot flie . And therefore I wonder that you would so obliquely reflect upon the Bishops , and censure them for doing that , which in Honour and Duty , they were bound to do , and represent this to their Disgrace , which all good and well advised Protestan's must needs Command them for , if they will be Impartial . But put the case such an Act were made , who can see the bad consequences thereof ? The Union of Great Brittain will be broke upon it , and War entailed upon both Kingdoms , and by the same reason , that none but a Protestant shall succeed now , Faction still increasing , none perhaps within a while , will be thought fit to Inherit the Crown , but a Presbyterian , &c. For you that are used to talk of Numbers and Strength , can best tell how Numerous and Powerful they are that are possessed with as firm a prejudice against the Church of England , as the Church of Rome it self ; denying Communion equally with both ; and who educate their Children in perfect hatred of the one , as the genuine Daughter of the other . I have wrote all this to present to your view what ( perhaps in the hurry of Zeal ) you have not had time to consider . And though I think it very impious and unreasonable ▪ to debar any such Prince from the Crown , upon this account , yet could we imagine the Government were to be formed again , I would be as Zeal us for this condition , as the greatest Zealot of them all : And I am as sorry as any other good Protestant , that it was not always one of the Fundamental Laws of England , though now it be too late to make it such . You tell me also that my Lord — intends to come and live in London ; I suppose it may be under pretence to secure his Person from the Papists ; but I wish it may not be with a design to act over the same things , under a pretence of securing the Protestant , which the Duke of Guise acted in Paris , under a seeming Zeal to secure the Popish Religion . The Reason that makes me fear it , is the conformity of our times in England with those in France , as you may see by the following account . The Duke , who was a man of an High Spirit , and not able to bear the least disgrace , being removed by Henry III. from the most Rich and Honourable of his Court-Preferments , became thereupon Male-content ; and retiring from the Court , which he now did hate , went to live at his House in Paris : where , by many Arts , as in particular by the subtle Practises of the Priests and Jesuits , he became in a short time the Minion of the People ; whose Affections he drew off from the King , by representing him ( though a hearty Roman Catholick ) as a favorer of the Hereticks ; who under the protection of the Princes of the Bloud increased mightily in his Reign . He also represented him in particular to be a great favourer of the King of Navarre , against whom he himself had a particular ill will ; and whom the People , through the Instigation of the Priests and Iesuits , did perfectly hate , because he was a Protestant ; although he was Primier Prince of the Blood ( for whom the French commonly have a great Reverence ) and by Consequence Heir Apparent , or as a Friend of yours would have said , Heir Presumptive ( for the King had no Child to Inherit ) to the Crown of France . After he had thus made the credulous People , by the help of the Priests and Iesuits , zealous for the Defence of their Declining Religion , he drew them to League into Rebellion against their lawful Soveraign , under a pretence of securing the same , by removing Evil Councellors from his Person , and obliging him to employ his Royal Power in suppressing the Protestants ; and in particular by declaring the Heretick King of Navarre ( afterwards H. IV. ) uncapable of succeeding to the Crown . For the sake of Peace the King was willing so far to deny himself as to grant the two first , but could never be made so false to the Interest of the Royal Family , as to consent to the last , by changing the order of Succession to the Crown , by which his Ancestors had Reigned so many hundred years ; and which have been so long established , without any respect to Religion , by the Salique or Original Laws of France . Hereupon the League ( in Imitation , and after the Pattern of which the Solemn League and Covenant was formed ) or Rebellion grew so high , as to beat the King out of Paris ; where the Guisards had a design to sieze upon his sacred Person , shut him up , like King Chilperick , in a Monastery , and set up the silly old Cardinal Bourbon , the King of Navar 's Uncle , to Reign in his stead . But the King escaping from Paris , sheltered himself in Chartres ; where to compose Differences , he issued out Writs to call together the three Estates ( which much resemble our Parliaments ) at Blois . Thither the Deputies or Members repair , some for the King , but far more for the Cursed League ; and therefore the Guisards finding themselves more potent than the Royalists , insisted almost on nothing else , but securing the Roman Catholick Religion , by declaring the King of Navarre , because an Heretick , uncapable of Succeeding to the most Christian Crown . You see Cousin , what a Parallel there is between those times and ours ; excepting First , that there are no Priests and Jesuits to second such a Design in England , as there were in France : But to supply that Defect , there may be found men as fit in all points as they in Black , to stir up the People to Discontent and Rebellion . I mean the same sort of Persons that Preached up the late Bloody War ; who really are the Bastard-brood of the Monastick and Jesuitical Emissaries , though they bear not the Names of their Fathers ; but ( like Bastards ) are disowned by those that begot them . The Seditious Principles Preached and Printed by them in the late Times , are Evident Proofs of what Race they are come : And as a man may Travel so far West , till at last he come to the same Eastern Point from which he did set out , so you Cousin , and your Brethren have gone so far from the Church of Rome , that you are ( some I believe unawares ) come thither again ; as is unanswerably proved by Lysimachus Nicanor , lately reprinted at Oxford , in his Letter of Congratulation to the Kirk . But Secondly , the Parallel fails in this too , That his Royal Highness is not a declared Papist , as the King of Navarre was a declared Protestant ; nor has yet openly renounced the Communion of the Church of England , for which his blessed Father died a Martyr . And therefore of the two , our English Guisards are much more to blame , in representing his Royal Highness as a Papist , which is so difficult to imagine him Strictly to be . But furthermore , upon supposition he were a declared Papist , the Proposal of my Lord Chose was very ridiculous , since it did suppose a possibility of prevailing with his Majesty to Disinherit his Royal Brother , who must needs be so much dearer to him , than the King of Navarre was to Henry III. as he is nearer in Blood. And for my own part , I cannot but imagine at this distance , that his Majesty who is a Prince incomparably wiser and juster then was Henry III. of France , must needs disdain and abhor such a Proposal ; which , were it Enacted , it would enervate the Laws of Succession by which He and His Ancestors have hitherto Reigned , and give a greater Blow to the English Monarchy , than that which cut off His Royal Fathers Head. I have here forborn to give you an Account of the Tragical End of the Duke of Guise , which is a Lesson well worth your Learning , and may teach all Persons , so disposed as he was , how unsafe it is to provoke Soveraign Authority ; since the goodness of the best of Kings , like the infinite Goodness of God himself , whose Ministers they are , may at length be so injured and affronted , as to be forced to sharpen it self into Sovereign Vengeance and Justice . And therefore Cousin , let me advise you , if not for Conscience , yet for Wraths sake , to have nothing to do in Blowing up the Flames of Sedition : Nor let your Soul enter into the secret of my Lord — though his Interest among the Senators ( as you write ) be so very considerable and strong . You likewise forget your self , in miscalling the Execution of the late Laws by the odious name of Persecution ; which if you can prove to be such , according to the Scriptural notion of Persecution , viz. Infliction of Evil for Righteousness sake , then will I become your Proselyte , and forsake the Church of England , as much as I have this Idolatrous Church of Rome . For no man is persecuted , but either for immediate matters of Divine Worship , which concern the First Table ; or with respect to matters of Morality , or a Good Life , which concern the Second . With respect to the First ; a man is persecuted either on a negative account , for not worshiping a False God , as the three Children in Daniel ; or for not worshipping the True in a False way : as St. Paul and the other Apostles were persecuted by the Pharisees , for not worshipping the True God according to the Jewish manner after it was abrogated : Or as our Fore fathers in England , For not worshiping God and our Saviour after the Romish Rites . Or Secondly , on a positive account , For worshipping the true God in a way that is true ; or to express it yet more clearly and absolutely in your own terms , For serving of God : as Daniel was cast into the Lyons Den , for praying to God against the King's Decree . With respect to the Second ; A man is also persecuted on a negative account , For not doing something , which is in its own nature , or by Gods positive command , morally evil : as the good Midwives were afraid to be persecuted by Pharaoh , for not murthering the Hebrew Infants . Or else on a positive account , for doing some good moral action , which ought in such and such circumstances to be done : and thus was our blessed Saviour persecuted , for opening the eyes of the blind man , and for healing on the Sabbath-day . Now these distinctions being premised , tell me in which of these cases you are Persecuted ? or , which is all one , for what you are Confessors and Martyrs ? For no man is persecuted , but as he is persecuted he is a Confessor or Martyr ; and by his sufferings bears witness to the Truth . With respect to the Second head , you cannot say that you are persecuted ; and therefore let me see whether you are so with respect to the first . And First , 't is plain that you do suffer for not worshiping a false God ; and 't is likewise as plain , that you do not suffer for not worshipping the true God in a false way . For first , the Laws , whose Execution you mis-call Persecution , do not punish you for not worshiping God after our way ; or if they did to prove their Execution to be Persecution , you must First prove that the Church of England ( whose Doctrine is down right against Idolatry and Superstition ) does worship God in an Idolatrous and Superstitious manner ; which , good Cousin , you know can never be proved . There remains nothing then but to assert , That you are punished for serving God , or for Worshipping God in a way which you are sure is true . That you worship God in a true way , I verily believe , and could heartily joyn with you in other circumstances . But then you are not punished for worshipping God in that manner ; for the same Laws you complain of , allow you to worship God in what fashion you please ; and not only you , but your Family , be it as great as it will ; and lastly , not only your Family , but Five Persons more ; Which allowance , were you the only Christians in the World , and the Magistrates Heathens ; or , which your Friends are more likely to suggest , were they Papists or Atheists , is so far from being Persecution , that were you of the temper of the Primitive Christians , you would esteem it as a great priviledg , and instead of reviling , thank the kind Magistrate for the same . But then if on the contrary hand you be considered ( and many good English men , and good Christians cannot but consider you ) as a sort of men that have formerly raised a most Unnatural Rebellion , and now make Schism in the Church , and Broyles in the State , the punishments you suffer and complain so loudly off , will be so far from seeming Persecution of you as Christians , that they will rather seem your just Desert , as Factious and Turbulent Subjects . And I assure you , that your Brethren in France ( whom you falsly so call , and for whom you pretend so great respect ) are so far from Judging you persecuted , that they will not excuse you ; but wonder at your non-submission to the Church , and pity your mistakes , that make you stand out against the Laws . They that have seen and examined our English Liturgy , which is Printed at Geneva in French , cannot understand your Notion of Persecution . And Ministre Claude , the most famous of them all , for Piety and Learning , told me in the presence of many others , ( after a Discourse , wherein he said all for you that could be said ) that he wondred how the Presbyterians in England could rend the Peace of the Church , for such little indifferent matters ; and that , if he were in England , he would be of the Episcopal Party , and heartily submit himself to the Discipline and Government of the Church of England . And if you would do so too , how happy a thing would this be both for your selves and the Nation ? Or seeing , as you pretend you cannot , yet at least live Peaceably , and forbear to trouble the World with compassing Sea and Land ; that is , by doing all that you can , like your Fathers the old Pharisees , to make Proselytes ; when yet you cannot shew any sinful condition of Communion with the Church of England , nor prove your way of Worship as Apostolical , as that of hers ; from which out of Pride , Interest or Ignorance , or partly altogether you Dissent . I am sure this would rather become the Dissenting Brethren , then to Foment Divisions , Raise Parties , betake themselves to the wickedest of Men , as of late to — and cry up the Kings Prerogative , which they formerly cried down ; which with many other self-contradictions , confirms me in an opinion you know I was of before , That in those matters wherein you differ from us , you are men of no Principles , and know not where to fix . I have Enlarged upon this Theam more than I thought to do at first , because the Papists here in France complain as loudly as you of the cruelty of our Ecclesiastical Laws ; and cry out wherever they come , how their Brethren have been ; and still are Persecuted among us ; though with this difference , that in disputing ad hominem , their case is far more reasonable and pleadable then yours . As for you , I protest , tho' the Laws you complain off look like hard Laws , when I consider you as Free born Subjects of England , yet when I consider you as Head-strong , Turbulent and Factious Subjects , I cannot but think them just and good , and I will maintain that the Execution of them would not be Persecution , altho' you were the only true Christians in the World. For , as I hinted before , you have the Liberty in your Houses to profess what Religion you please , and to worship God in what manner you will : And for fear your Family should not be a just Congregation , you may have five more : But for fear you should do as you have formerly done , you are not to have five Hundred , or five Thousand ; which Liberty , not only the Primitive Christians , but our own Ancestors , an hundred years ago would have called a Blessing , and a Priviledg , and have heartily thanked God and the King for the same . And God grant we may never see that time in England , when truly tender Consciences will esteem so much Liberty as the greatest blessing in the World. The good Protestants here in France , though their Religion is made an Obstacle to all State-preferments , though it Disable them to sit in the Courts of Parliaments ( except just so many as serve in the Chamber of Edicts , to decide Controversies between Protestants and Papists ) or to have any other Charges of Iudicacature , or any high Offices in the Army ; though their Numbers are much diminished , and their Interest weakened , by a Prohibition to Marry with Roman Catholicks , and by a Capital Law , which makes it Death to return Protestants after they have once turned Papists ; and though a great number of their Temples have been demolished ( some under a pretence that they were built since the Edict of Nantes , others that they were built without License , and others that they were built upon Holy Ground ) so that hereby they are forced in very many places to the grievous Inconvenience of going two , three , four or five Leagues to Church , if not more : And though all the Places of Strength , where they do abound are Demolished , and Cittadels are Erected to awe them in other Towns , where they are Numerous ; though their own particular Hospitals , and all other their perpetual Provisions for their Poor , are taken away , and they disabled , either living or dying , to give any setled Maintenance either to their own Ministers or People ( as to Endowe Churches , Build Schools , Colledges or Hospitals , &c. ) nay , tho' they are deprived of the benefit of other Hospitals , provided for the rest of the Subjects ; and although their Ministers are forbid to speak against the Pope , or to Preach against the Romish Religion , with half that freedom and plainness that you dare speak against the Church of England ; or to Preach in any places but those few appointed by the King , though they are forbidden to call the Papists in their Sermons by any other Name but that of Catholicks ; or to make mention of their Religion and Ceremonies , without Reverence and Respect , though they are forbid to call themselves Priests or Pastors , and have no other Title allowed them , but only Ministres de la Religion pretenduë Reformés ; and though it be Enacted , that their Religion shall be called by no other Name in any Publick Acts , Registers , &c. Though they are forbidden to bury their dead in Catholick Churches , or Church-yards , even where the deceased Person was Patron of the Church ; or where his Ancestors had purchased Burying-places for their Families ; Though they are forbid to make any Publick Exhortations or Prayer , or to sing Psalms at their Burial : Though they are forbid to Instruct or Condole those of their own Religion in Prisons or Hospitals ; or to pray with them in a voice so loud as to be heard by the standers by , tho' they are forbid to make any Collections of Money among themselves , but such as are permitted and regulated by the Edicts of the King ; Though they are forbid to Work or open their Shops on Romish Holy-days , or to sell Flesh on their Fasting-days , &c. I say the good Protestants here in France , notwithstanding all this hard dealing , are yet so far from complaining of Persecution , that they shew themselves thankful both to God and the King , for the Liberty and Indulgence they enjoy . Indeed they will complain , for the aforesaid Reasons , that their Religion is very much discouraged , and they themselves hardly used : But Persecution is a Notion that they rarely think or speak of , when they discourse of their own condition , being very far , though not so far as you , from a State of Martyrdom ; which consists in a forcible Obligation to Suffer or Renounce the Truth - And therefore Cousin I beseech you and conjure you , not to misuse the Name of Persecution again . It is a very sinful way thus to abuse and amuse the Vulgar , by calling things by their wrong Names : and as to this particular , honest and knowing men will be apt to suspect , that through the Name of Persecution , you have a design to make your Governours pass for Tyrants , and your selves for Martyrs . To conclude : If this which you call Persecution , be not such indeed , then I doubt not but they who Miscal it so , that is all presumptuous or affectedly ignorant Schismaticks , without bitter pangs of Repentance , will be persecuted by the God of Peace himself to a sad and endless eternity . As for the Bill of Comprehension , it begun to be talked of , before I left my Country , and I have often discours'd it with many of the Projectors , but could never understand from them , how it was practicable to unite so many Incompossible Sects , which agree in nothing , but their opposition to the Church . However if the altering , or taking away of a Ceremony or two would effectually unite the Protestant Partys , as you are pleased to assert , I think it would be worth the while to do it , and that the doing of it for so sure an end , would reflect no dishonour upon the Church of England , which acknowledgeth the few innocent and decent Ceremonies , which she hath ordained to be indifferent and alterable , according to the Exigency of times . Neither , if this were done , could the Romish Church have the least apparent reason to reproach us for such a slight alteration ; seeing her own Missals and Breviaries have been so diverse and different in several times and places ; and have undergone so many Emendations , or rather Corruptions , before they were established in the present Form , by the Authority of Pius V. and the Decree of the Council of Trent . But unless this Alteration would surely and infallibly produce this effect , it had far better be let alone , and in the mean time , I would have all good Christians wait in Peace and Complyance with the Established Religion , till Authority shall think to make this Alteration in it , that so a poor English Traveller would not be tauntingly asked by every impertinent Priest here , Whether he were a true Son of the Church , or Presbyterian , or Independant , or Anabaptist , or Quaker . And I assure you , when they meet with a man that owns himself a true Son of the Church of England , they will seem with great Formality to pity him more than any other ; but yet they will never attempt to convert him . But when they meet with one that will own himself of any other sort , they will be pleased , smile in their Sleeves , and set upon him as a Person not far from their Kingdom of God. And I am perswaded , had you seen or heard as much of their Idolatries , Blasphemies and Superstitions , as I have done in one Christmas , one Lent and one Easter , you would be so far from doing the Church of England any ill Office , that you would rather ( like St. Paul after his Conversion ) preach against your own Partizans , and thank God that you lived in a Church reformed from Romish Idolatry and Superstition . And I cannot but freely confess , that I am since my Travels become ten Times a greater Lover of our own Church , and as many times a greater Hater and Detester of the Romish Church , than I was before . And therefore I cannot here dissemble the hearty Grief I have conceived , for the great hopes you have , that the Licenses ( as you express it ) will be once more authorized by his Majesty , or the Declaration revived . For as it is that which at first was hammered out by a Popish Lord , who was the Patron and Idol of the Presbyterians ; so 't is that which the Roman Catholicks here ( especially the Priests ) do hope , and wish for as well as you . They desire nothing more , than such a Toleration , as that was , knowing that it must needs tend to the Ruine of the Church of England , which is the principal Butt of all their Envy and Malice ; as being the main support and credit of the Reformed Religion every where , and the only hedg against Popery it self in our unfortunate British Isles . We meet with not a few Priests of several Orders , that have the confidence ( in our most familiar conferences ) to tell us , that by the just Judgment of God upon our Church , the time of Her Ruin is at Hand ; the Nation it self being over-spread with Schism and Atheism , and the Hearts of the Faithful being disposed by the Spirit and Providence of God , to re-embrace the Holy Catholick Truth . And therefore they freely Confess , that this time of Distraction is their Harvest ; and withal express their Intentions and Zeal to Transport themselves into England at the Critical time of Toleration , that they may be Fellow-laborers with your selves in that Harvest . They seem to lament as much , and complain as fast , of the prodigious increase of Schism and Atheism among us , as you are wont to do of the daily growth of Atheism and Popery . And whilst you both complain alike , and in the formality of your complaints , both alike reflect upon the Church of England : It is she only that is the sufferer , and she only that truly laments the growth , and at the same time sets up Banks to hinder the perfect Inundation of all the three among us . As for Schism among Protestants , you were the first Fathers , and continue the chief Fautors thereof ; all the inferior Sects having sprung from you , and dividing both from you and one another , under pretence of the same Reasons , for which you profess to divide from the Church . And 't is from you , that even the Quakering Sect it self ( the dregs of Schism ) have learned to talk of Illumination , and the Spirit : and the rest of the Sectaries ; in what number soever they be , differ no more from you than the second , third , or fourth , &c. from the first Book of Euclid . Not that by this comparison I intend , that you have any such Principles , or Data among your selves , as there are among Mathematicians ; for I am very well assured , that take but any four of the Presbyterian Demagogues , and they can scarce agree amongst themselves in any four Particulars , wherein they differ from the Church of England . And therefore if you be not Schismaticks , then the Church of England , from which you separate , and out of which you have gathered Congregations , and preach and administer the Sacraments unto them ; I say , if you be not Schismaticks , then our Church must be the Schismatick , in the Controversie between us ; and be justly chargable with the same Indictment , which she hath drawn up against the Church of Rome . An Assertion , Cousin , which I never knew any other Person , except one or two , besides your self , have the confidence to aver , and an Assertion , which no Protestant here in France could hear us yet relate , without Horror , Impatience and Disdain . And therefore , if the Reformed Church of England , from which you wilfully divide , and to which by your Divisions you cause so much Scandal abroad and Evil at home , be not a Schismatical Church , that is , a Church which requires some sinful conditions of Communion ; in what a woful condition will your unpeaceable , seditious Spirits appear before the God of Peace ? And how will you answer that , at the Tribunal of his Wisdom and Justice , which neither your Fathers , nor you could ever yet answer , to those Instruments of his Glory , Judicious Hooker and the Venerable Sanderson ? But whether you are Schismaticks , or whether you are not , the Separations which you and your Brood have made from the Church , are the Apparent Causes of the Growth of Popery ; and both your Separations , and your Superstitious Enthusiastical Way of Worshipping that God , whose People you Emphatically pretend to be , are the true Causes of that abundant Atheism , which at present makes England an Astonishment and a Scandal to Foreign Nations . And if you , or any other of the Brother-hood , think it strange , that I charge yours , which is the Capital Sect , with Enthusiasm , or make Superstition , which seemeth diametrically opposite to Atheism , the Mother thereof ; I offer , upon the Challenge , to make good the Charge , in both particulars : But in the mean time , to show you how unsafe it will be to provoke me to that Trouble , I advise you to read one or two short Chapters in the beginning of Mr. Smith's Discourses , concerning these Distempers of the Soul , and you shall find what I have said , proved with more Demonstration , than you can gainsay ; and with more Plainness and Perspicuity , than , I am confident , you would wish to see . But besides the Schism and Enthusiasm , the Bloody Wars , which you formerly made in the State , under pretence of the Glory of God , and the Reformation of of the Reformed Religion , have given many inconsiderate men occasion to suspect , that all Religion , like that of most of your Leaders , is but a Politick Engine which Men use , to make themselves Popular and Powerful , that they may afterwards act with good colour whatsoever their Interest shall suggest . And furthermore , to consider , That the great Pretenders of the Spirit , and the Power of the Christian Religion , ( which with respect to Magistrates teacheth nothing but to obey or su●er ) should notwithstanding Preach up Rebellion against their Rightful Prince , Fight Him from Field to Field , Romove Him from Prison to Prison , and at last most barbarously put Him to Death , is such an Absurdity against the Principles of Right Reason , so repugnant to the Laws of our own Nation , and so inconsistent with the Peaceable Doctrine of the Gospel ; that , besides the Atheists it hath made , it hath , and ever will constrain Men of honest Principles , and just Resentments , to Persecute you with Satyrs and Exclamations to the end of the World. I had not here presented that Tragical Scene of the King's Murther , but that I have had so many unpleasant Occasions to hear Our Nation Reproach'd with the Scandal and Dishonour of that Inhumane Fact. Particularly , it was my bad Fortune to be at a Station in Paris ; where there were met about two hundred Persons , to read the Gazetts , at that very same time , when that of England came full charged with the News of Burning the Pope in Effigie at London . This Feat did at first surprize that Roman Catholick Concourse of People ; but after a little recollection , they ceased to wonder , saying in every Company as we passed along ; It is not so strange that the English Devils should do this , who formerly Murthered their King. And another time , it was my ill luck also to be at the same place , when the London Gazette brought us the News , That the House of Lords had taken into consideration the Growth of Atheism in our Nation : Whereupon some French Gentlemen of my acquaintance seriously enquired of me the Causes of so much Atheism , amongst such a Thinking and Solid People . I assigned the same Reasons which I have written above , besides some others which I will not stand to mention , as the most probable Causes thereof . And as I hope I did not misinform them , so I am confident I did not unjustly charge you in any particular , especially with the Murther of the King. For there were no Accessaries in the Murther of that Sacred Person ; neither was it the last stroke only that fell'd the Royal Oak ; but you and the Independants , like the two Sacrilegious Priests of Iupiter , are equally guilty of the Crime ; the one for Binding the direful Victim , and the other for putting the Knife to his Throat . But to be short , where I am so unacceptable , I 'le conclude my Argument with a Fable . A Principal Ship , which for many Years had been Sovereign of the Seas , was at last Attacted by a Tempestuous Wind , which the Devil raised , and notwithstanding all the Help that could be made to save her , was driven by the force of that Malignant Wind , and split upon a Rock . The very same Instant she dashed upon the Rock the Wind ceased ; and being afterwards cursed by the Sea-men , for the Wrack of the Royal Charles ( for so the Capital Vessel was called ) answered , You Charge me most unjustly my Friends , it was not I , but the Rock as you saw that split your Ship. The Moral of this Parable is very Obvious ; and if the Application thereof , or any thing else that I have written , may conduce to awaken your Conscience , and reclaim you from Schism , I shall think my pains well bestowed . But if you and your seditious Brethren will still persevere to assault the Church on one Hand , as fast as the Romish Priests do undermine her on the other , her days are like to be but few and evil ; and except God encline the Hearts of our Magistrates to put the Laws in Execution against them , and find some effectual means to reduce you , you may live to see her Ruin accomplished , which you both alike desire and expect . How numerous you are , the World can guess , and if the Accounts which we receive from the Fathers of Intelligence of several Orders , be credible , there are about three Thousand of them , which find Entertainment and Success within the King of Great Britain's Dominions . But in the mean time , till her hour is come , she struggleth against both , like her Saviour against the Pharisees , whose true Disciples in part you both are ; they representing those sworn Enemies of the Gospel , by the Cabala of their ridiculous and impious Traditions ; and you representing them in their Hypocrisie , Pride , Envy , Evil speaking , moross and censorious Dispositions , &c. ( which are Sins scarce consistent with Humanity , much less with Grace ) as likewise in observing many Fasts and making long Prayers , with design not to serve God , but to delude the People . And therefore I wonder not that you are such malignant Enemies to the Church of England , since that Pharisaical spirit , which reigneth so much amongst you , is a wicked Pusilanimous spirit , that affects to be seen in the Head of Parties , and Dictate amongst the Ignorant ; and loves as much to Rule , as it hates to Obey . But would you once be so sincere , as to subdue your Pride , lay aside your Prejudice , inform your Ignorance , and forsake your dearly beloved Interest , for the Truth ; it would not be long ere we should see you joyn with the Church of England , without troubling our Senators to bring you in with an Act of incomprehensible Comprehension . Your Pride appeareth in Heading of Parties , and in the Pleasure you are seen to take in the Multitudes , that run after you ; and in your boasting , that without you the Souls of People would starve for want of Knowledg . Your Prejudice is an effect of your Pride , and discovers it self together with your Ignorance , in not submitting to those Invincible Reasons , which you cannot Answer . And as for your Interest , the greatest Paradox of all , that is evident enough to me , who have so often heard many of you glorifie your selves in the Number and Riches of your Followers , boast of their Affection to your sacred Persons , and brag of the great Sums you have Collected in your Congregations ; which makes the King's Chapples ( as you arrogantly call your Conventicles ) better places than most of the Churches , of which He is Patron . And therefore never complain that you live either worse , or at greater uncertainties than you did before . For by your Pretentions to Poverty and Sufferings , and by other unworthy Arts , you have so wrought your selves into the esteem of your Disciples , that few of them are either so Covetuous or so Poor , but they will Pinch at home to supply you . There are several orders of Fransciscans here , who have renounced not only Parsonages , but all Temporal Estates and Possessions whatsoever ; and by their vain Glorious Sanctity and Austerities , they have got ( like you ) such fast hold on the Souls of the People ( which is the fastest hold of all ) that they can easily make most of them dispose of their Children , cashire their Servants , and settle their Estates as they please ; and by these Tricks do more effectually promote the Interest of Rome , than all the Parish ▪ Priests within the Pale of that Church . And really , when I consider what Influence these Sanctimonious and self-denying Zealots have o're all Families , in all places where they live ; how they Steal away the Hearts of the People from their Parish-Priests , and drain their Congregations ; and how the deluded People had rather give them the worth of a shilling , than the dues of two pence to their own Curees ; it makes me often run the Parallel between you and them , and think what a Politick and Gainful Pretence you have got to renounce your Livings , for to secure your Consciences , and to preach the Word gratis like the Primitive Apostles ; when God knows , 't is not out of love to the People , but to your selves . And I protest to you , were I a man to be maintained by the Pulpit , and consulted my Profit more than the Goodness of my Cause , I should take the same courses that you do ; I should rather be Mr. M. than Dr. A. of Plymouth ; and should chuse the plentiful Income of that dull Zealot Dr. Manton , before that of his most Learned and Religious Successor of Govent-Garden . But though you live very well , and better indeed than most of the Ministers of the Church , yet the Mischief of it is , you are uncapable of Dignities ; which makes you such Aerians , and upon all occasions openeth your Throats as wide as Sepulchres against the Bishops and the Church . You know what an History of Bishops Mr. Pryn hath wrote , and what a fair Collection the Learned Smec . hath taken out of him ; as if when a Bishop is defective , either in Piety , Learning or the Skill of Government , it were not the deplorable unhappiness , but the fault of the Church of England . Should an Heathen or Mahumetan , make such an Historical Collection of Scandalous Christians , either in this , or former Ages , you would not be perswaded for all that , to prefer the Alcoran before the Gospel ; or the most exalted Paganism whatsoever , before the Christian Religion . Therefore wise and sober men will make no Inference but this , from such a malicious enumeration of Particulars ; that corruptions will creep into Government , notwithstanding all the care that can be used to the contrary ; and that by the favour of Princes ( who hear with other mens ears , and often receive undeserved Characters of Men ) sometimes Ambitious , sometimes Ignorant , and sometimes Slothful , Imprudent or Debauched Persons , will be Preferred to the most Honourable Dignities in the Church . But this , as often as it happens , is the misery of the Church of England , which all true Church men lament ; though the men of the short Cloke take all such occasions to expose her to the scorn of the common people who judge by Sense , and not by Reason ; and who are taught by you , to make no distinction between the Bishops and the Church . But were all her Bishops the best Christians , the best Scholars and the best Governours in the World ; and should the Royal Hand place her Mytres on the Heads of none but Iewels , Whitgift's , Andrews's , Hall's , Usher's , Morton's , Taylor 's , and Sanderson's , yet that Unchristian Spirit of Envy and Discontent , which informs the Non conformists , would still fly upon her with open Mouth , like Beasts upon the Saints of old condemned to the amphitheater ; and make her , as she hath already been for almost forty years , a Spectacle to God , to Angels , and to Men. The wicked Lives of Scandalous Bishops and Priests , if there be any such , are her sad Misfortune , but cannot justifie the Schism you are guilty of ; who are bound to hear even them , as much as the Iews were bound to hear the Scribes and Pharisees those Hypocrites , that sate in Moses's Chair . And in that deplorable state of the Iewish Church , when the Priests and Prophets were both alike corrupted and called by the Holy Spirit , Dumb and greedy Dogs , yet it had been unlawful to make a separation , and set up other Altars against that which God ( who was their King ) had set up . I cannot but mind you of the Sehism of Ieroboam , who by dividing the Church , as God was pleased to divide the Kingdom into two parts , made Israel to sin But to insist on the Samaritan Secession , and write all , that is necessary to discover and aggravate the damnable Nature of Schism , would require as much more Paper as I have bestowed , and so make me as tedious again , as , I fear , I have already been . Besides , it would oblige me to answer Mr. Hales's Treatise of Schism , with whose Leaves you vainly endeavour to cover your shame : And I had indeed a year ago undertaken that easie Task , but that a Western Gentleman , to whom I discovered my Intentions , told me , That Mr. Long Prebendary of Exeter , a Friend of his , had already begun that good Work : so that I hope it is printed by this time . And if either that or this , or any thing else , a thousand times better , than I am able to write , may prove effectual to reclaim you from Schism ; I shall be as glad , as to see some other of our Friends reformed from Drunkenness , Swearing , and Uncleanness , which are very grievous , and dreadful Sins , but yet not more damnable in their Nature , nor more distructive to the Christian Religion , nor more deeply rooted in the Soul of man , than that of Schism ; From which , I pray God , by the Power of his Grace , to Preserve me , and Reform you , through Iesus Christ our Lord ; to whose Protection I commit you , and rest , Your most Affectionate Cousin , And humble Servant . Saumur : May 7. 1674. FINIS . ADVERTISEMENT . THere is lately Published a Book Entituled The , Royal Apology : or an Answer to the Rebels Plea : Wherein the most Noted Anti-Monarchical Tenents , First , Published by Doleman the Iesuite . to promote a Bill of Exclusion against King IAMES , Secondly , Practised by Bradshaw and the Regicides in the actual Murder of King CHARLES the 1st . Thirdly , Republished by Sidney and the Associators , to Depose and Murder his Present MAIESTY , are distinctly considered . With a Parallel between Doleman , Bradshaw , Sidney , and other of the True Protestant Party . London , Printed by T. B. for Robert Clavel , and are to be sold by Randolph Taylor near Stationers-Hall . 1684. Price 1 s. 
A43660	----	A letter from a person of quality to an eminent dissenter to rectifie his mistakes concerning the succession, the nature of persecution and a comprehension. Hickes, George, 1642-1715. 1685 Approx. 58 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A43660 Wing H1854A ESTC R40161 18769318 ocm 18769318 108255 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43660) Transcribed from: (Early English Books Online ; image set 108255) Images scanned from microfilm: (Early English books, 1641-1700 ; 1656:15) A letter from a person of quality to an eminent dissenter to rectifie his mistakes concerning the succession, the nature of persecution and a comprehension. Hickes, George, 1642-1715. [2], 30, [1] p. Printed by T.B. for Randolph Taylor ..., London : MDCLXXXV [1685] Attributed to Hickes by Wing and NUC pre-1956 imprints. "A reissue of the sheets of: The judgment of an anonymous writer, 1684, with the title-page and Clavel's preface cancelled and a new title-page substituted:--NUC pre-1956 imprints. Advertisement: p. [1] at end. Numerous errors in paging. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Dissenters, Religious -- England. Persecution -- England. Great Britain -- History -- Restoration, 1660-1688. Great Britain -- Kings and rulers -- Succession. 2008-09 TCP Assigned for keying and markup 2008-11 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A LETTER FROM A Person of Quality To an EMINENT DISSENTER , To rectifie his MISTAKES concerning the SUCCESSION , The Nature of PERSECUTION AND A COMPREHENSION . LONDON , Printed by T. B. for Randolph Taylor near Stationers-hall . MDCLXXXV . A LETTER sent from beyond the Seas to a Noted Dissenter . Dear Cousin , I Was very glad to receive your Letters , but very sorry to find by them , that you are still so extreamly desirous of Innovations in a Government so well Established , as that is under which you live . I perceive you are more zealous then it becomes a good Subject , or a good Christian to be , for carrying on a Project of the Earl of Shaftsbury , as Unreasonable as New ; viz. That of Disabling a Papist to Inherit the Crown . For doubtless that proposal was first made , and afterwards promoted by him , the last Sessions of Parliament , not out of true Love to the Reformed Religion , but out of Spite and Revenge to the D. of Y — Who , were he not only Papist , but Heathen or Mahumetan ( which I think is not much worse ) would certainly have as good a Title to his Crown , and all his Temporal Rights , as if he were the most Orthodox and Holy Christian in the World. And I am perswaded , that my zealous Lord Chose would not be willing that the King and Parliament should make a particular Act , to disable his own Posterity , to Inherit the great Estate he hath got , if they should turn Papists or Atheists , as others have done before them . We all know what mischief in the World , that Damnable Doctrine has made , That Temporal Rights and Inheritances depend upon Saintship and Grace . And if it be clear from Scripture ( as nothing is more clear ) that a King ought not to lose his Crown , for not being a Christian , or for renouncing the Christian Religion as Julian did ; then it is plain , that neither the Duke nor any other Prince ought to be debarred from the Crown , which is the greatest and most sacred of Temporal Rights , for not being Protestants ; or which is more , for renouncing the Christian Religion . And I am heartily glad , that God gave the Fathers of the English Church the Grace and Courage to defend her Doctrine , in opposing that Unreasonable , and truly Romish Proposal of my Lord Chose ; which if they had approved , and defended after it was proposed , they had truly acted in that like Prelats Popishly affected , and really shewed themselves to be what their Adversaries would fain perswade the World , they are . For 't is the Romish Church , and her Doctors , which maintain , That Kings Excommunicated , or Heretick Kings , or ( which is all one ) that Kings that renounce the Apostolick Faith , ought to be Deprived and Deposed . But 't is the Church of England that maintains the contradiction of that Unscriptural , Unevangelical Principle ; and thinks her self as much obliged to submit her self to a Heathen , Atheistical , Heretical , or Popish Prince , where she can , as to an Orthodox King ; and where she cannot , she thinks her self obliged to suffer , as her Saviour , like a Lamb brought to the slaughter ; and dares pretend to take up to Arms but those of the Primitive Christians ( Whose true Copy she is ) Tears , Arguments and Prayers . I say , it is the Church of England , that is of this Judgment , and neither the Church of Rome , nor the Kirk of Scotland ; both of which have actually Excommunicated and D●posed Lawful and Rightful Princes , under the Notion of being Hereticks , and Enemies to Christs Kingdom ; forgetting both alike the Pr●cepts and Examples of our Saviour and his Apostles , on which the Church of England hath grounded the contrary Doctrine , as well as on right reason . Our Saviour , though God rendred unto the Heathen Caesar the things that were Caesar's ; he owned his right to the Empire , both by word and deed , although he were but the adopted Successor of the greatest Usurper that ever was in the World. Nay furthermore , he owned and submitted to the procuratory Power of Pilate , who acted but by Commission from the Emperour Tiberius ; who ( if there be any truth in the Character of Tacitus ) was one of the greatest Tyrants , and most wicked men that ever the World saw . And as for St. Paul , there is no Article of our Religion , not even that , that Jesus Christ is the Son of God , more clear in his Epistles , than that Every Soul should be subject to the Higher Powers ; that we should Obey , not only for Wrath , but Conscience sake ; that whosoever resisieth , receiveth to himself Damnation ; and lastly , that all the Powers ( and when he wrote there were none but Heathen Powers ) were ordained of God. I might here insist upon the Practice of the Apostles , as it is represented in their Acts , and the constant Submission and Sufferings of the Primitive Christians , as they are reported by the Ecclesiastcal Fathers , and Historiaens ; but the Scripture it self is sufficient to demonstrate the truth of this Argument , which the Church of England has not only established in her Doctrine , but her Fathers and Sons of late , maintained in their Practices : and which the Kirk of of Scotland ( agreeing in this and many other Points with that of Rome ) did ever oppose , both in Word and Deed. And since that Kirk and Nation have been of this Opinion , we need not wonder that the English Disciples of their Buchanan and Knox have practised those rebellious Principles , which have so debauched and corrupted the Subjects of the Kings of England , as to make them be proverbially called , The Kings of Devils : And which the Anababtists in Germany improved into this Maxim , That Saintship was the Foundation of Soveraignty , and that the Righteous ought to Inherit the Earth . And furthermore , if Crowns ought to descend upon Protestants only , then it is but just , that the Estates of all Subjects whatsoever should be so Entailed : ●nd if for example , the D — of Y — must be cut off from his Right , for being a Roman Catholick , then let the rest of the Papists lose theirs ; they are all alike Idolaters , and let them all alike suffer . And , to bring the Case to your own House , can you imagine that you your self ought to lose your Right to the Estate you have , or may have hereafter , upon that supposition , that you should turn Papist ; which men as firmly resoved against it as you have certainly done . These Practises and Proposals are such , that they have left a blot on the memories of some men , that seem more zealous than their Brethren . And I am glad at present , that the Religious Lord Chose is the Chief Patron and Promoter of such and Unreasonable and Romish Design . It is unreasonable to exclude a Popish Heir from a Crown , to which he derives his right from Popish Ancestors , and I have more than ordinary reason to call it Romish , because I have heard it maintained here among all the Priests I converse with . It is a Doctrine dearly beloved by the Romanists : And put but the Name of Heretick to a Prince here , and it is just the same case , as when you call a Prince a Papist in England ; where , if there be no more than my good Lord Chose that are Fautors of this Romish Doctrine , my Country is in a far better case than I thought it to be . And truly this noble Project of the late Lord Chose was condemned by all Protestants as soon as it took air in France ; not only for that it was an Ungospel way of Proceeding , and savours strongly of the Doctrine of Rome , which they abhor ; but because it puts their King in mind of a Project he is very much inclined to , viz. To make a like Law here , that none but a Roman Catholick shall ever be King , or bear any Office or Trust in the Kingdom . And certainly , if it should ever please God , for our sins , to suffer our Princes to backslide into Romish Idolatry and Superstition , we have nothing to do , but to pray , and like our Glorious Ancestors in Queen Mary's days , suffer quietly , when we cannot flie . And therefore I wonder that you would so obliquely reflect upon the Bishops , and censure them for doing that , which in Honour and Duty , they were bound to do , and represent this to their Disgrace , which all good and well advised Protestants must needs Commond them for , if they will be Impartial . But put the case such an Act were made , who can see the bad consequences thereof ? The Union of Great Bri●tain will be broke upon it , and War entailed upon both Kingdoms , and by the same reason , that none but a Protestant shall succeed now , Faction still increasing , none perhaps within a while , will be thought sit to Inherit the Crown , but a Presbyterian , &c. For you that are used to talk of Numbers and Strength , can best tell how Numerous and Powerful they are that are possessed with as firm a prejudice against the Church of England , as the Church of Rome it self ; denying Communion equally with both ; and who educate their Children in perfect hatred of the one , as the genuine Daughter of the other . I have wrote all this to present to your view what ( perhaps in the hurry of Zeal ) you have not had time to consider . And though I think it very impious and unreasonable to debar any such Prince from the Crown , upon this account , yet could we imagine the Government were to be formed again , I would be as Zealous for this condition , as the greatest Zealot of them all : And am as sorry as any other good Protestant , that it was not always one of the Fundamental Laws of England , though now it be too late to make it such . You tell me also that my Lord — intends to come and live in London ; I suppose it may be under pretence to secure his Person from the Papists ; but I wish it may not be with a design to act over the same things , under a pretence of securing the Protestant , which the Duke of Guise acted in Paris , under a seeming Zeal to secure the Popish Religion . The Reason that makes me fear it , is the conformity of our times in England with those in France , as you may see by the following account . The Duke , who was a man of an High Spirit , and not able to bear the least disgrace , being removed by Henry III. from them most Rich and Honourable of his Court-Preferments , became thereupon Male-content ; and retiring from the Court , which he now did hate , went to live at his House in Paris : where , by many Arts , as in particular by the subtle Practises of the Priests and Jesuits , he became in a short time the Minion of the People ; whose Affections he drew off from the King , by representing him ( though a hearty Roman Catholick ) as a favorer of the Hereticks ; who under the protection of the Princes of the Bloud increased mightily in his Reign . He also represented him in particular to be a great favourer of the King of Navarre , against whom he himself had a particular ill will ; and whom the People , through the Instigation of the Priests and Jesuits , did perfectly hate , because he was a Protestant ; although he was Primier Prince of the Blood ( for whom the French commonly have a great Reverence ) and by Consequence Heir Apparent , or as a Friend of your would have said , Heir Presumptive ( for the King had no Child to Inherit ) to the Crown of France . After he had thus made the credulous People , by the help of the Priests and Jesuits , zealous for the Defence of their Declining Religion , he drew them to League into Rebellion against their lawful Soveraign , under a pretence of securing the same , by removing Evil Councellors from his Person , and obliging him to employ his Royal Power in suppressing the Protestans ; and in particular by declaring the Heretick King of Navarre ( afterwards H. IV. ) uncapable of succeeding to the Crown . For the sake of Peace the King was willing so far to deny himself as to grant the two first , but could never be made so false to the Interest of the Royal Family , as to consent to the last , by changing the order of Succession to the Crown , by which his Ancestors had Reigned so many hundred years ; and which have been so long established , without any respect to Religion , by the Salique or Original Laws of France . Hereupon the League ( in Imitation , and after the Pattern of which the Solemn League and Covenant was formed ) or Rebellion grew so high , as to beat the King out of Paris ; where the Guisards had a design to sieze upon his sacred Person , shut him up , like King Chilperick , in a Monastery , and set up the silly old Cardinal Bourbon , the King of Navar 's Uncle , to Reign in his stead . But the King escaping from Paris , sheltered himself in Chartres ; where to compose Differences , he issued out Writs to call together the three Estates ( which much resemble our Parliaments ) at Bl●is . Thither the Deputies or Members repair , some for the King , but far more for the Cursed League ; and therefore the Guisards finding themselves more potent than the Royalists , insisted almost on nothing else , but securing the Roman Catholick Religion , by de claring the King of Navarre , because an Heretick , uncapable of Succeeding to the most Christian Crown . You see Cousin , what a Parallel there is between those times and ours ; excepting First , that there are no Priests and Jesuits to second such a Design in England , as there were in France : But to supply that Defect , there may be found men as fit in all points as they in Black , to stir up the People to Discontent and Rebellion . I mean the same sort of Persons that Preached up the late Bloody War ; who really are the Bastard-brood of the Monastick and Jesuitical Emissaries , though they bear not the Names of their Fathers ; but ( like Bastards ) are disowned by those that begot them . The Seditious Principles . Preached and Printed by them in the late Times , are Evident Proofs of what Race they are come : And as a man may Travel so far West , till at last he come to the same Eastern Point from which he did set out , so you Cousin , and your Brethren have gone so far from the Church of Rome , that you are ( some I believe unawares ) come thither again ; as is unanswerably proved by Lysimachus Nicenor , lately reprinted at Oxford , in his Letter of Congratulation to the Kirk . But Secondly , the Parallel fails in this too , That his Royal Highness is not a declared Papist , as the King of Navarre was a declared Protestant ; nor has yet openly renounced the Communion of the Church of England , for which his blessed Father died a Martyr . And therefore of the two , our English Guisards are much more to blame , in representing his Roual Highness as a Papist , which is so difficult to imagine him Strictly to be . But furthermore , upon supposition he were a declared Papist , the Proposal of my Lord Chose was very ridiculous , since it did suppose a possibility of prevailing with his Majesty to Disinherit his Royal Brother , who must needs be so much dearer to him , than the King of Navarre was to Henry III , as he is nearer in Blood. And for may own part , I cannot but imagine at this distance , that his Majesty who is a Prince incomparably wiser and juster then was Henry III. of France , must needs disdain and abhor such a Proposal ; which , were it Enacted , it would enervate the Laws of Succession by which He and His Ancestors have hitherto Reigned , and give a greater Blow to the English Monarchy , than that which cut off His Royal Fathers Head. I have here forborn to give you an Account of the Tragical End of the Duke of Guise , which is a Lesson well worth your Learning , and may teach all Persons , so disposed as he was , how unsafe it is to provoke Soveraign Authority ; since the goodness of the best of Kings , like the infinite Goodness of God himself , whose Ministers they are , may at length be so injured and affronted , as to be forced to sharpen it self into Sovereign Vengeance and Justice . And therefore Cousin , let me advise you , if not for Conscience , yet for Wraths sake , to have nothing to do in Blowing up the Flames of Sedition : Nor let your Soul enter into the secret of my Lord — though his Interest among the Senators ( as you write ) be so very considerable and strong . You likewise forget your self , in miscalling the Execution of the late Laws by the odious name of Persecution ; which if you can prove to be such , according to the Scriptural notion of Persecution , viz. Infliction of Evil for Righteousness sake , then will I become your Proselyte , and forsake the Church of England , as much as I have this Idolatrous Church of Rome . For no man is persecuted , but either for immediate matters of Divine Worship , which concern the First Table ; or with respect to matters of Morality , or a Good Life , which concern the Second . With respect to the First ; a man is persecuted either on a negative account , for not worshiping a False God , as the three Children in Daniel ; or for not worshipping the True in a False way : as St. Paul and the other Apostles were persecuted by the Pharisees , for not worshipping the True God according to the Jewish manner after it was abrogated : Or as our Fore fathers in England , For not worshiping God and our Saviour after the Romish Rites . Or Secondly , on a positive account , For worshipping the true God in a way that is true ; or to express it yet more clearly and absolutely in your own terms , For serving of God : as Daniel was cast into the Lyons Den , for praying to God against the King's Decree . With respect to the Second ; A man is also persecuted on a negative account , For not doing something , which is in its own nature , or by God ; positive command , morally evil : as the good Midwives were afraid to be persecuted by Pharaoh , for not murthering the Hebrew Infants . Or else on a positive account , for doing some good moral action , which ought in such and such circumstances to be done : and thus was our blessed Saviour persecuted , for opening the eyes of the blind man , and for healing on the Sabbath-day . Now these distinctions being premised , tell me in which of these cases you are Persecuted ? or , which is all one , for what you are Confessors and Martyrs ? For no man is persecuted , but as he is persecuted he is a Confessor or Martyr ; and by his sufferings bears witness to the Truth . With respect to the Second head , you cannot say that you are persecuted ; and therefore let me see whether you are so with respect to the first . And First , 't is plain that you do not suffer for not worshiping a false God ; and 't is likewise as plain , that you do not suffer for not worshipping the true God in a false way . For first , the Laws , whose Execution you mis-call Persecution , do not punish you for not worshiping God after our way ; or if they did to prove their Execution to be Persecution , you must First prove that the Church of England ( whose Doctrine is down right against Idolatry and Superstition ) does worship God in an Idolatrous and Superstitious manner ; which , good Cousin , you know can never be proved . There remains nothing then but to assert , That you are punished for serving God , or for Worshipping God in a way which you are sure is true . That you worship God in a true way , I verily believe , and could heartily joyn with you in other circumstances . But then you are not punished for worshipping God in that manner ; for the same Laws you complain of , allow you to worship God in what fashion you please ; and not only you , but your Family , be it as great as it will ; and lastly , not only your Family , but Five Persons more ; Which allowance , were you the only Christians in the World , and the Magistrates Heathens ; or , which your Friends are more likely to suggest , were they Papists or Atheists , is so far from being Persecution , that were you of the temper of the Primitive Christians , you would esteem it as a great priviledg , and instead of reviling , thank the kind Magistrate for the same . But then if on the contrary hand you be considered ( and many good English men , and good Christians cannot but consider you ) as a sort of men that have formerly raised a most Unnatural Rebellion , and now make Schism in the Church , and Broyles in the State , the punishments you suffer and complain so loudly off , will be so far from seeming Persecution of you as Christians , that they will rather seem your just Desert , as Factious and Turbulent Subjects . And I assure you , that your Brethren in France ( whom you falsly so call , and for whom you pretend so great respect ) are so far from Judging you persecuted , that they will not excuse you ; but wonder at your non-submission to the Church , and pity your mistakes , that make you stand out against the Laws . They that have seen and examined our English Liturgy , which is Printed at Geneva in French , cannot understand your Notion of Persecution . And Ministre Claude , the most famous of them all , for Piety and Learning , told me in the presence of many others , ( after a Discourse , wherein he said all for you that could be said ) that he wondred how the Presbyterians in England could rend the Peace of the Church , for such little indifferent mat●ers ; and that , if he were in England , he would be of the Episcopal Party , and heartily submit himself to the Discipline and Government of the Church of England . And if you would do so too , how happy a thing would this be both for your selves and the Nation ? Or seeing , as you pretend you cannot , yet at least live Peaceably , and forbear to trouble the World with compassing Sea and Land ; that is , by doing all that you can , like your Fathers the old Pharisees , to make Proselytes ; when yet you cannot shew any sinful condition of Communion with the Church of England , nor prove your way of Worship as Apostolical , as that of hers ; from which out of Pride , Interest or Ignorance , or partly altogether you Dissent . I am sure this would rather become the Dissenting Brethren , then to Foment Divisions Raise Parties , betake themselves to the wickedest of Men , as of late to — and cry up the Kings Prerogative , which they formerly cried down ; which with many other self-contradictions , confirms me in an opinion you know I was of before , That in those matters wherein you differ from us , you are men of no Principles , and know not where to six . I have Enlarged upon this Theam more than I thought to do a first , because the Papists here in France complain as loudly as you of the cruelty of our Ecclesiastical Laws ; and cry out wherever they come , how their Brethren have been ; and still are Persecuted among us ; though with this difference , that in disputing ad hominem , their case is far more reasonable and pleadable then yours . As for you , I pro●est , tho' the Laws you complain off look like hard Laws , when I consider you as Free born Subjects of England , yet when I consider you as Head-strong , Turbulent and Factious Subjects , I cannot but think them just and good , and I will maintain that the Execution of them would not be Persecution , altho' you 〈◊〉 the only true Christians in the World. For , as ●●●●ted before , you have the Liberty in your Houses so profess what Religion you please , and to worship 〈◊〉 ●n what manner you will : And for sear your Fa●●●● should not be a just Congregation , you may have 〈◊〉 ●ore : But for fear you should do as you have 〈◊〉 done , you are not to have five Hundred , or 〈◊〉 thousand ; which Liberty , not only the Primi 〈…〉 Christians , but our own Ancestors , an hundred 〈…〉 would have called a Blessing , and a Privi 〈…〉 have heartily thanked God and the King for 〈…〉 e. And God grant we may never see that time England , when truly tender Consciences will esteem so much Liberty as the greatest blessing in the World. The good Protestants here in France , though their Religion is made an Obstacle to all State-preferments , though it Disable them to sit in the Courts of Parliaments ( except just so many as serve in the Chamber of Edicts , to decide Controversies between Protestants and Papists ) or to have any other Charges of Judicature , or any high Offices in the Army , though their Numbers are much diminished , and their Interest weakened , by a Prohibition to Marry with Roman Catholicks , and by a Capital Law , which makes it Death to return Protestants after they have once turned Papists ; and though a great number of their Temples have been demolished ( some under a pretence that they were built since the Edict of Nantes , others that they were built without License , and others that they were built upon Holy Ground ) so that hereby they are forced in very many places to the grievous Inconvenience of going two , three , four or five Leagues to Church , it not more : And though all the Places of Strength , where they do abound are Demolished , and Cittadels are Erected to awe them in other Towns , where they are Numerous ; though their own particular Hospitals , and all other their perpetual Provisions for their Poor , are taken away , and they disabled , either living or dying , to give any setled Maintenance either to their own Ministers or People ( as to Endowe Churches , Bu●ld Schools , Colledges or Hospitals , &c. ) nay , tho' they are deprived of the benefit of other Hospitals , provide for the rest of the Subjects ; and although their Ministers are forbid to speak against the Pope , or to Preach against the Romish Religion , with half that freedom and plainness that you dare speak against 02 the Church of England ; or to Preach in any places out those few appointed by the King , though they are forbidden to call the Papists in their Sermons by any other Name but that of Catholicks ; or to make mention of their Religion and Ceremonies , without Reverence and Respect ; though they are forbid to call themselves Priests or Pastors , and have no other Title allowed them , but only ministres de la Religion pretenduë Reformée ; and thought it be Enacted , that their Religion shall be called by no other Name in any Publick Acts , Registers , &c. Though they are forbiddent to bury their dead in Catholick Churches , or Church-yards , even where the deceased Person was Patron of the Church ; of where his Ancestors had purchased Buring-places for their Families ; Though they are forbid to make any Publick Exhortations or Prayer , or to sing Psalms at their Burial : Though they are forbid to Instruct or Condole those of their own Religion in Prisons or Hospital ; or to pray with them in a voice so loud as to be heard by the standers ; by , tho' they are forbid to make any Collections of Money among themselves , but such as are permitted and regulated by the Edicts of the King ; Though they are forbid to Work or open their Shops on Romish Holy-days , or to sell Flesh on their Fasting-days , &c. I say 02 the good Protestants here in France , notwithstanding all this hard dealing , are yet so far from complaining of Persecution , that they shew themselves thankful both to God and the King , for the Liberty and Indulgence they enjoy . Indeed they will complain , for the aforesaid Reasons , that their Religion is very much discouraged , and they themselves hardly used : But Persecution is a Notion that they rarely think or speak of , when they discourse of their own condition , being very far , though not so far as you , from a State of Martyrdom ; which consists in a forcible Obligation to Suffer or Renounce the Truth . And therefore Cousin I beseech you and conjure you , not to misuse the Name of Persecution again . It is a very sinful way thus to abuse and amuse the Vulgar , by calling things by their wrong Names : and as to this particular , honest and knowing men will be apt to suspect , that through the Name of Pers●cution , you have a design to make your Governours pass for Tyrants , and your selves for Martyrs . To conclude : If this which you call Persecution , be not such indeed , then I doubt not but they who Miscal it so , that is all presumptuous or affectedly ignorant Schismaticks , without bitter pangs of Repentance , will be persecuted by the God of Peace himself to a sad and endless eternity . As for the Bill of Comprehension , it begun to be talked of , before I left my Country , and I have often discours'd it with many of the Projectors , but could never understand from them , how it was practicable to unite so many Incompossible Sects , which agree in nothing , but their opposition to the Church . However if the altering , or taking away of a Ceremony or two could effectually unite the Protestant Partys , as you are pleased to assert , I think it would be worth the while to do it , and that the doing of it for so sure an end , would reflect no dishonour upon the Church of England , which acknowledgeth the few innocent and decent Ceremonies , which she hath ordained to be indifferent and alterable , according to the Exigency of times . Neither , if this were done , could the Romish Church have the least apparent reason to reproach us for such a slight alteration ; seeing her own Missals and Breviaries have been so diverse and different in several times and places ; and have undergone so many Emendations , or rather Corruptions , before they were established in the present Form , by the Authority of Pius V. and the Decree of the Council of Trent . But unless this Alteration would surely and infallibly produce this effect , it had far better be let alone , and in the mean time , I would have all good Christians wait in Peace and Complyance with the Established Religion , till Authority shall think to make this Alteration in it , that so a poor English Traveller would not be tauntingly asked by every impertinent Priest here , Whether he were a true Son of the Church , or Presbyterian , or Independant , or Anabaptist , or Quaker . And I assure you , when they meet with a man that owns himself a true Son of the Church of England , they will seem with great Formality to pity him more than any other ; but yet they will never attempt to convert him . But when they meet with one that will own himself of any other sort , they will be pleased , smile in their Sleeves , and set upon him as a Person not far from their Kingdom of God. Ana I am perswaded , had you seen or heard as much of their Idolatries , Blasphemies and Superstitions , as I have done in one Christmas , one Line and one Easter , you would be so far from doing the Church of England any ill Office , that you would rather ( like St. Paul after his Conversion ) preach against your own Partizans , and thank God that you lived in a Church reformed from Romish Idolatry and Superstition . And I cannot but freely confess , that I am since my Travels become ten Times a greater Lover of our own Church , and as many times a greater Hater and Detester of the Romish Church , than I was before . And therefore I cannot here dissemble the hearty Grief I have conceived , for the great hopes you have , that the Licenses ( as you express it ) will be once more authorized by his Majesty , or the Declaration revived . For as it is that which at first was hammered out by a Popish Lord , who was the Patron and Idol of the Presbyterians ; so 't is that which the Roman Catholicks here ( especially the Priests ) do hope , and wish for as well as you . They desire nothing more , than such a Toleration , as that was , knowing that it must needs tend to the Ruine of the Church of England , which is the principal Butt of all their Envy and Malice ; as being the main support and credit of the Reformed Religion every where , and the only hedg against Popery it self in our unfortunate British Isles . We meet with not a few Priests of several Orders , that have the confidence ( in our most familiar conferences ) to tell us , that by the just Judgment of God upon our Church , the time of Her Ruin is at Hand ; the Nation it self being over-spread with Schism and Atheism , and the Hearts of the Faithful being disposed by the Spirit Providence of God , to re-embrace the Holy Catholick Truth . And therefore they freely Confess , that this time of Distraction is their Harvest ; and withal express their Intentions and Zeal to Transport themselves into England at the Critical time of Toleration , that they may be Fellow-laborers with your selves in the Harvest . They seem to lament as much , and complain as fast , of the prodigious increase of Schism and Atheism among us , as you are wont to do of the daily growth of Atheism and Popery . And whilst you both complain alike , and in the formality of your complaints , both alike reflect upon the Church of England : It is she only that is the sufferer , and she only that truly laments the growth , and at the same time sets up Banks to hinder the perfect Inundation of all the three among us ! As for Schism among Protestants , you were the first Fathers , and continue the chief Fautors thereof ; all the inferior Sects having sprung from you , and dividing both from you and one another , under pretence of the same Reasons , for which you profess to divide from the Church . And 't is from you , that even the Quakering Sect it self ( the dregs of Schism ) have learned to talk of Illumination , and the Spirit : and the rest of the Sectaries ; in what number soever they be , differ no more from you than the second , third , or fourth , &c. from the first Book of Eu●lid . Not that by this comparison I intend , that you have any such Principles , or Data among your selves , as there are among , Mathematicians ; for I am very well assued ; that take but any four of the Presbyterian Demagogues , and they can scarce agree amongst themselves in any four Particulars , wherein they differ from the Church of England . And therefore if you be not Schismaticks , then the Church of England , from which you separate , and out of which you have gathered Congregations , and preach and administer the Sacraments unto them ; I say , if you be not Schismaticks , then our Church must be the Schismatick , in the Controversie between us ; and be justly chargable with the same Indictment , which she hath drawn upagainst the Church of Rome . An Assertion , Consin , which I never knew any other Person , except one or two , besides your self , have the confidence to aver , and an Assertion , which no Protestant here in France could hear us yet relate , without Horror , Impatience and Disdain . And therefore , if the Reformed Church of England , from which you wilfully divide , and to which by your Divisions you cause so much Scandal abroad and Evil at home , be not a Schismatical Church , that is , a Church which requires some sinful conditions of Communion ; in what a woful condition will your unpeaceable , seditious Spirits appear before the God of Peace ? And how will you answer that , at the Tribunal of his Wisdom and Justice , which neither your Fathers , nor you could never yet answer , to those Instruments of his Glory , Judicious Hooker and the Venerable Sanderson ? But whether you are Schismas ticks , or whether you are not , the Separations which you and your Brood have made from the Church , are the Apparent Causes of the Growth of Popery ; and both your Separations , and your Superstitious Enthusiastical Way of Worshipping that God , whose People you Emphatically pretend to be , are the true Causes of that abundant Atheism , which at present makes England an Astonishment nad a Scandal to Foreign Nations . And if you , or any other of the Brother-hood , think it strange , that I charge yours , which is the Capital Sect , with Enthusiasm , or make Superstition , which seemeth diametrically opposite to Atheism the Mother thereof ; I offer , upon the Challenge , to make good the Charge , in both particulars : But in the mean time , to shew you how unsafe it will be to provoke me to that Trouble , I advise you to read one or two short chapters in the beginning of Mr. Smith's Discourses , concerning these Distempers of the Soul , and you shall find what I have said , proved with more Plainness and Perspicity , than , I am confident , you would wish to see . But besides the Schism and Enthusiasm , the Bloody Wars , which you formerly made in the State , under pretence of the Glory of God , and the Reformation of of the Reformed Religion , have given many inconsiderate men occasion to suspect , that all Religion , like that of most of your Leaders , is but a Politick Engine which Men use , to make themselves Popular and Powerful , that they may afterwards act with good colour whatsoever their Interest shall suggest . And furthermore , to consider , That the great Pretenders of the Spirit , and the Power of the Christian Religion , ( which with respect to Magistrates teacheth nothing but to obey or suffer ) should notwithstanding Preach up Rebellion against their Rightful Prince , Fight Him from Field to Field , Romove Him from Prison to Prison , and at last most barbarously put Him to Death , is such an Absurdity against the Principles of Right Reason , so repugnant to the Laws of our own Nation , and so inconsistent with the Peaceable Doctrine of the Gospel ; that , besides the Atheists it hath made , it hath , and ever will constrain Men of honest Principles , and just Resentments , to Persecute you with Satyrs and Exclamations to the end of the World. I had not here presented that Tragical Scene of the King's Murther , but that I have had so many unpleasant Occasions to hear Our Nation Reproach'd with the Scandal and Dishonour of that Inhumane Fact. Particularly , it was my bad Fortune to be at a Station in Paris ; where there were met about two hundred Persons , to read the Gazetts , at that very same time , when that of England came full charged with the News of Burning the Pope in Essigie at London . This Feat did at first surprize that Roman Catholick Concourse of People ; but after a little recollection , collection , they ceased to wonder , saying in every Company as we passed along ; It is not so strange that the English Devils should do this , who formerly Murthered their King. And another time , it was my ill luck also to be at the same place , when the London Gazette brought us the News , That the House of Lords had taken into consideration the Growth of Atheism in our Nation : Whereupon some French Gentlemen of my acquaintance seriously enquired of me the Causes of so much Atheism , amongst such a Thinking and Solid People . I assigned the same Reasons which I have written above , besides some others which I will not stand to mention , as the most probable Causes thereof . And as I hope I did not misinform them , so I am confident did not unjustly charge you in any particular , especially with the Murther of the King. For there were no Accessaries in the Murther of that Sacred Person : neither was it the last stroke only that sell'd the Royal Oak ; but you and the Independants , like the two Sacrilegious Priests of Jupiter , are equally guilty of the Crime ; the one for Binding the direful Victim , and the other for putting the Knife to his Throat . But to be short , where I am so unacceptable , I 'le conclude my Argument with a Fable . A Principal . Ship , which for many Years had been Sovereign of the Seas , was at last Attacted by a Tempestuous Wind , which the Devil raised , and notwithstanding all the Help that could be made to save her , was driven by the force of that Malignant Wind , and split upon a Rock . The very same Instant she dashed upon the Rock the Wind ceased ; and being afterwards cursed by the Sea-men , for the Wrack of the Royal Charles ( for so the Capital Vessel was called ) answered , You Charge me most unjustly my Friends , it was not I , but the Rock as you saw that split your Ship. The Moral of this Parable is very Obvious ; and if the Application thereof , or any thing else that I have written , may conduce to awaken your Conscience , and reclaim you from Schism , I shall think my pains well bestowed . But if you and your seditious Brethren will still persevere to assault the Church on one Hand , as fast as the Romish Priests do undermine her on the other , her days are like to be but few and evil ; and except God encline the Hearts of our Magistrates to put the Laws in Execution against them , and sind some effectual means to reduce you , you may live to see her Ruin accomplished , which you both alike desire and expect . How numerous you are , the World can guess , and if the Accounts which we receive from the Fathers of Intelligence of several Orders , be credible , there are about three Thousand of them , which sind Entertainment and Success within the King of Great Britain's Dominions . But in the mean time , till her hour is come , she struggleth against both , like her Saviour against the Pharisees , whose true Disciples in part you both are ; they representing those sworn Enemies of the Gospel , by the Cabala of their ridiculous and impious Traditions ; and you representing them in their Hypocrisie , Pride , Envy , Evil-speaking , moross and censorious Dispositions , &c. ( which are Sins scarce consistent with Humanity , much less with Grace ) as likewise in observing many Fasts and making long , Prayers , with design not to serve God , but to delude the People . And therefore I wonder not that you are such malignant Enemies to the Church of England , since that Pharisaical spirit , which reigneth so much amongst you , is a wicked Pusilanimous spirit , that affects to be seen in the Head of Parties , and Dictate amongst the Ignorant ; and loves as much to Rule , as it hates to Obey . But would you once be so sincere , as to subdue your Pride , lay aside your Prejudice , inform your Ignorance , and forsake your dearly beloved Interest , for the Truth ; it would not be long ere we should see you joyn with the Church of England , without troubling our Senators to bring you in with an Act of incomprehensible Comprehension . Your Pride appeareth in Heading of Parties , and in the Pleasure you are seen to take in the Multitudes , that run after you ; and in your boasting , that without you the Souls of People would starve for want of Knowledg . Your Prejudice is an effect of your Pride , and discovers it self together with your Ignorance , in not submitting to those Invincible Reason which you cannot Answer : And as for your Interest , the greatest Paradox of all , that is evident enough to me , who have so often heard many of you glorifie your selves in the Number and Riches of your Followers , boast of their Affection to your sacred Persons , and brag of the great Sums you have Collected in your Congregations ; which makes the King's Chapples ( as you arrogantly call your Conventicles ) better places than most of the Churches , of which He is Patron . And therefore never complain that you live either worse , or at greater uncertainties than you did before . For by your Pretentions to Poverty and Sufferings , and by other unworthy Arts , you have so wrought your selves into the esteem of your Disciples , that few of them are either so Covetuous or so Poor , but they will Pinch at home to supply you . There are several orders of Fransciscans here , who have renounced not only Parsonages , but all Temporal Estates and Possessions whatsoever ; and by their vain Glorious Sanctity and Austerities , they have got ( like you ) such fast hold on the Souls of the People ( which is the fastest hold of all ) that they can easily make most of them dispose of their Children , cashire their Servants , and settle their Estates as they please ; and by these Tricks do more effectually promote the Interest of Rome , than all the Parish Priests within the Pale of that Church . And really , when I consider what Influence these Sanctimonious and self-denying Zealots have o're all Families , in all places where they live ; how they Steal away the Hearts of the People from their Parish-Priests , and drain their Congregations ; and how the deluded People had rather give them the worth of a shilling , than the dues of two pence , to their own Curees ; it makes me often run the Parallel between you and them , and think what a Politick and Gainful Pretence you have got to renounce your Livings , for to secure your Consciences , and to preach the Word gratis like the Primitive Apesiles ; when God knows , 't is not out of love to the People , but to your selves . And I protest to you , were I a man to be maintained by the Pulpit , and consulted my Prosit more than the Goodness of my Cause , I should take the same course that you do ; I should rather be Mr. M. than Dr. A. of Plymouth ; and should chuse the plentiful Income of that dull Zealot Dr. Manton , before that of his most Learned and Religious Successor of Govent-Garden . But though you live very well , and better indeed than most of the Ministers of the Church , yet the Mischief of it is , you are uncapable of Dignities ; which makes you such Aerians , and upon all occasions openeth your Throats as wide as Sepulehres against the Bishops and the Church . You know what an History of Bishops Mr. Pryn hath wrote , and what a fair Collection the Learnes Smec . hath taken out of him ; as if when a Bishop is defective , either in Piety , Learning or the Skill of Government , it were not the deplorable unhappiness , but the fault of the Church of England . Should an Heathen or Mahumetan , make such an Historical Collection of Scandalous Christians , either in this or former Ages , you would not be perswaded for all that , to prefer the Alcoran before the Gospel ; or the most exalted Paganism whatsoever , before the Christian Religion . Therefore wise and sober men will make no Inference but this , from such a malicious enumeration of particulars ; that corruptions will creep into Government , notwithstanding all the care that can be used to the contrary ; and that by the favour of Princes ( who hear with other mens ears , and often receive undeserved Characters of Men ) sometimes Ambitious , sometimes Ignorant , and sometimes Slothful , Imprudent or Debauched Persons , will be Preferred to the most Honourable Dignities in the Church . But this , as often as it happens , is the misery of the Church of England , which all true Church men lament though the men of the short Cloke take all such occasions to expose her to the scorn of the common people who judge by Sense , and not by Reason and who are taught by you , to make no distinction between the Bishops and the Church . But were all her Bishops the best Christians , the best Scholars and the best Governours in the World and should the Royal Hand place her Mytres on the Heads of none but Jewels , Whit-gift's , Andrews's , Hall's , Ushers's , Morton's , Taylor 's , and Sanderson's , yet that Unchristian Spirit of Envy and Discontent , ; ; ; which informs the Non-conformists , would still fly upon her with open Mouth , like Beasts upon the Saints of old condemned to the Amphitheater ; and make her , as she hath already been for almost forty years , a Speactacle to God , to Angels , and to Men. The wicked Lives of Scandalous Bishops and Priests , if there be any such , are her sad Misfortune , but cannot justifie the Schism you are guilty of ; who are bound to hear even them , as much as the Jews were bound to hear the Scribes and Pharisees those Hypocrites , that sate in Moses's Chair . And in that deplorable state of the Jewish Church , when the Priests and Prophets were both alike corrupted and called by the Holy Spirit , Dumb and greedy Dogs , yet it had been unlawful to make a separation , and set up other Altars against that which God ( who was their King ) had set up . I cannot but mind you of the Schism of Jeroboam , who by dividing the Church , as God was pleased to divide the Kingdom into two parts , made Israel to sin . But to insist on the Samaritan Secession , and write all , that is necessary to discover and aggravate the damnable Nature of Schism , would require as much more Paper as I have bestowed , and so make me as tedious again , as , I fear , I have already been . Besides , it would oblige me to answer Mr. Hale's Treatise of Schism , with whose Leaves you vainly endeavour to cover you shame : And I had indeed a year ago undertaken that easie Task , but that a Western Gentleman , to whom I discovered my Intentions , told me , That Mr. Long Prebendary of Exeter , a Friend of his had already begun that good Work : so that I hope it is printed by this time . And if either that or this , or any thing else , a thousand times better , and I am able to write , may prove effectual to reclaim you from Schism ; I shall be as glad , as to see some other of our Friends reformed from Drunkenness , Swearing , and Uncleanness , which are very grievous , and dreadful Sins , but yet not more damnable in their Nature , nor more destructive to the Christian Religion , nor more deeply rooted in the Soul of man , than that of Schism ; From which , I pray God , by the Power of his Grace , to Preserve me , and Reform you , through Jesus Christ our Lord ; to whose Protection I commit you , and rest , Your most Affectionase Cousins , And humble Servants . Saumur : May 7. 1674 FINIS . ADVERTISEMENT . THere is lately Published a Book Entituled , The Royal Apology : or an Answer to the Rebels Plea : Wherein the most Noted Anti-Monarchical Tenents , First , Published by Doleman the Jesuite . to promote a Bill of Exclusion against King JAMES , Secondly , Practised by Bradshaw and the Regicides in the actual Murder of King CHARLES the 1st . Thirdly , Republished by Sidney and the Associators , to Depose and Murder his Present MAJESTY , are distinctly considered . With a Parallel between Doleman , Brad , shaw , Sidney , and other of the True Protestant Party . London , Printed by T. B. for Robert Clavel , and are to be sold by Randolph Taylor near Stationers-Hall . 1684. Price 1 s. 
A44707	----	A brief account of the royal matches or matrimonial alliances vvhich the kings of England have made from time to time since the year 800 to this present 1662 collected by a careful collation of history with records. Howell, James, 1594?-1666. 1662 Approx. 12 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A44707 Wing H3057 ESTC R41276 31354760 ocm 31354760 110252 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44707) Transcribed from: (Early English Books Online ; image set 110252) Images scanned from microfilm: (Early English books, 1641-1700 ; 1740:14) A brief account of the royal matches or matrimonial alliances vvhich the kings of England have made from time to time since the year 800 to this present 1662 collected by a careful collation of history with records. Howell, James, 1594?-1666. [2], 6 p. Printed by J.G. for H. Brome ..., London : MDCLXII [1662] Imperfect: print show-through. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Marriages of royalty and nobility. Great Britain -- Kings and rulers. 2003-12 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2004-01 Mona Logarbo Sampled and proofread 2004-01 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion A Brief ACCOUNT OF THE Royal Matches OR Matrimonial Alliances , VVhich the Kings of England have made from time to time since the year 800. to this present 1662. Collected by a careful Collation of History with Records . LONDON , Printed by I. G. for . H. Brome at the Gun in Ivy-lane , MDCLXII . A Preamble . THE Saxons having succeeded the Romans in the sway of this Country , As they changed the name thereof from Britain to England , so the Government also came to be altered , and diffused to an Heptarchy or Septemvirat , for there rul'd here seven Kings at once ( such as they were ) for the space of 400. years and more , during which time as the Government was confus'd , so the History is full of distraction and incertitudes , there being scarce any Authentic Record to be found for asserting any thing ; In somuch that what is written of that Heptarchy is believed rather in courtesie , or by an implicit Faith then otherwise . But since Egbert King of the West Saxons came by his prowess and policy to be sole King of England , which was above 800. years since , the current of History runs more cleer , and the Renown of the succeeding Kings rang lowder beyond the Seas , which made forren Princes to seek Alliances and Confederations with us . Therefore touching the present Design , we will take our Rise from that time when England came to be a Monarchy , and first of King Ethelwolph the Son of the foresaid Egbert , Anno Dom. 837. KIng Ethelwolph the second English Monark , having visited Pope Gregory the fourth at Rome , and returning through France , married The Lady Judith , called in those dayes the Perl of Beuty , daughter to Charles the Bald , who was then Emperor and King of France . King Edward the Outlaw ( as they call'd him ) married The Lady Agatha daughter to the Emperor Hen. 2. King Athelstans sister was married To Otho the Emperor . The Lady Margaret daughter to King Edmund Ironside coming to be Queen Regnant , was married To Malcolme the third King of Scotland , Anno 1026. whence King James and his Progenitors are lineally descended . King Canutus ( the first of the three Danish Kings which raigned here about 26. years ) married The Lady Emma sister to the Duke of Normandy , and Guinhilda his daughter by her was married to the Emperor Hen. 3. King Edward the Confessor , or St. Edward took a Wife at home ( as all the rest of the Saxon Kings did , except the above-mentioned ) viz. The Lady Editha daughter to the Earl Godwyn . We come now to the Norman and English Kings after the Conquest . KIng William the first , or the Conqueror married The Lady Maude Daughter to the Earl of Flanders . King William the second called Rufus Had no wife , but divers natural children , among whom the Lord Bertran was most advanced . King Henry the first married . The Lady Matilda or Maude , daughter to Malcolme King of Scotland by Margaret sister to Edgar Atheling , whereby the Saxon or English Blood Royal was restored , he had by her Maude the Empress , but left 14. natural children besides , viz. seven Sons , and seven Daughters . King Stephen married The Lady Matilda the late Duke of Bullens daughter , but had no issue lived ; He left two natural Sons , whereof the one was made Earl of Norfolk , the other Abbot of Westminster . King Henry the second Son of Maude the Empress ( by Ieffrey Plantaginet her second Husband ) married Elenor the divorced Wife of Lewis the seventh King of France , by whom he had divers children , and left besides some natural children by Rosamund . King Richard the first married The Lady Berengania daughter to the King of Navarre . King Iohn married three Wives , two at home , and one abroad , viz. Alice daughter to the Earl of Morton , and Avice daughter to the Earle of Gloucester , and having no issue of neither , he married Isabel Heiress to the Duke of Angoulesme in France , of whom he had Hen. 3. ( who succeeded him ) and Richard who was Earl of Gloucester , and crown'd King of the Romans . King Henry the third married Elenor daughter to Raymond Earl of Province in France , by whom was Edward the first , the scourge of the Scots , and Edmund Crouchback Duke of Lancaster , who was the ground of the feud 'twixt the two Roses . King Edward the first married two Wives , the first was Eleanor daughter to Ferdinand K. of Spain , by whom he had four Sons , and nine Daughters ; His second Wife was Margaret eldest Daughter of Philip the Hardy King of France . King Edward the second of Caernarvon ( the first install'd Prince of Wales ) married Isabel daughter of Philip le Bel ▪ king of France . King Edward the third married . Philippa daugher to the Earl of Henault , by whom he had seven sons , and five daughters , the eldest was the Black Prince , who married at home , viz. the Lady Joan daughter to the Earl of Kent , though twice a Widow ; he had two base Sons , Sir Robert Clarendon , and Sir John Sounder . Richard the second married two Wives , viz. The Lady Anne daughter to the Emperor Charles the fourth . His second Wife was Isabel daughter to Charles the sixth King of France . King Henry the fourth married two Wives , the first at home , viz. The Lady Mary daughter of Humphrey Bohun Earl of Hereford , &c. his second Wife was Joan Daughter to Charles King of Navarre . King Henry the fifth married Yhe Lady Katharine daughter to Charles the sixth of France , who being left a young Widow married Owen Tewdor of Wales , who was Grandfather to Hen. 7. and thereby restored the British Royal Blood , uniting it with the English. King Henry the sixth was married to Margaret daughter to Reyner Earl of Anjou , and King of Jerusalem , Scicily , and Aragon . King Edward the fourth married Elizabeth Widow of Sir John Grey . Richard the third married The Lady Anne daughter of Richard Nevil Earle of Warwick , widow to Ed. Prince of Wales , Son of Hen. 6. King Henry the seventh married The Lady Elizabeth daughter to Edw. the fourth , Heir to the House of York , who united the two Roses . King Henry the eight had six Wives , whereof three were Katharines , two were Forreners , the other four born within the Realm ; of which Wives , he was divorced from two , and two were beheaded . His first Wife was Katharine daughter of Ferdinand King of Spain , a most pious Lady , from whom after 20. years cohabitation he got to be divorced . The second , Anne daughter of Sir Tho. Bullen Earl of Wiltshire , and Ormond . The third was Jane Seymor daughter to the Earl of Hartford . The foursh was Anne of Cleve , from whom he was divorced . The fifth was Katharine widow to the Lord Latimer , and daughter to Tho. Howard Duke of Norfolk beheaded and buried in the Tower with Anne of Bullen . The sixt was Katharine Parr , sister to the Marquess of Northampton . Queen Mary was married To Philip the second King of Spain . King Iames married The Lady Anne daughter to Frederick the third King of Denmark . King Charls the First married The Lady Henrietta Maria youngest daughter to Henry the great of France , which was the eighth Royal alliance that was 'twixt England and France . King Charls the Second married The Lady Katherine sole daughter to Don John the fourth King of Portugal , and sister to Don Alonso the sixth now Regnant . THere was a Matrimonial Alliance once before 'twixt the Blood Royal of England and Portugal , which was about Anno 1376. between Iohn the First , King of Portugal , and the Lady Philippa daughter to Iohn of Gaunt Duke of Lancaster ; King Iohn had five Sons by her , the two eldest with the Father were all three Knights of the Garter at one time ; the youngest Son was Henry , who being a speculative studious Prince was much addicted to the Mathematicks , and specially to the Art of Navigation , which induced him to set forth some Ships for Discovery of new Countries , and his Design succeeded so well , that in the first voyage , he discovered the Azores & other Islands in the Atlantick Sea , next the Coasts of Gu●ney , Cape Verd , and so at last the passage by the Promontory , or Cape of Good Hope to the East Indies , which discoveries have proved so gainful and glorious to that Nation ever since . By the former Alliance , it may be said that Portugal married with England , by this England hath married with Portugal . And as the former was the fortunatest Alliance that Portugal ever made by their own confession to this day ; So may this prove to England : may all the blessings of Heaven be poured down upon it according to the due and daily Devotions of all true-hearted Subjects , and particularly of I. H. FINIS . 
A44972	----	The power of parliaments asserted by G.H., in a letter to a friend, lately chosen a member of the House of Commons, in answer to an indigested paper by E.F. called, A letter from a gentleman of quality to his friend upon his being chosen a member to serve in the approaching Parliament, being an argument relating to the point of succession to the crown, &c. G. H. 1679 Approx. 47 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A44972 Wing H34 ESTC R23370 12068136 ocm 12068136 53416 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44972) Transcribed from: (Early English Books Online ; image set 53416) Images scanned from microfilm: (Early English books, 1641-1700 ; 72:6) The power of parliaments asserted by G.H., in a letter to a friend, lately chosen a member of the House of Commons, in answer to an indigested paper by E.F. called, A letter from a gentleman of quality to his friend upon his being chosen a member to serve in the approaching Parliament, being an argument relating to the point of succession to the crown, &c. G. H. [2], 10 p. s.n.], [S.l. : 1679. Place of publication from BM. Reproduction of original in Yale University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng E. F. -- Letter from a gentleman of quality in the country, to his friend, upon his being chosen a member to serve in the approaching Parliament, and desiring his advice. Legislative power -- England -- Early works to 1800. Great Britain -- Kings and rulers -- Succession. 2007-01 TCP Assigned for keying and markup 2007-01 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 John Latta Sampled and proofread 2007-03 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE POWER OF PARLIAMENTS Asserted , By G. H. In a Letter to a Friend , lately Chosen a Member of the House of COMMONS . In Answer to an Indigested Paper by E. F. Called a Letter from a Gentleman of Quality , to his Friend , upon his being Chosen a Member to serve in the approaching PARLIAMENT . Being an Argument relating to the Point of Succession to the CROWN , &c. Fort. of the Court of Parliament . Si antiquitatem spectes est vetustissima , si dignitatem est honor atissima , si jurisdictionem est capacissima . Printed in the Year 1679. THE POWER OF PARLIAMENTS Asserted , In ANSWER to a LETTER from a Gentleman of Quality to his Friend , &c. SIR , if E. F. had kept himself strictly to his Task , premised in the Title Page : namely , of the great difficulty , which is the true meaning of his two Epithets of Improbable and Impossible of barring the Right Line in the Succession ; I should have acquiest , knowing it to be a great Truth , but when , in the height of his Zeal to the Cause , he admits of a barring Law to that purpose , yet he invalidates it , as he would have the Nation believe , to all intents and purposes : his Reasons for that , Worthy Sir , may be worthy Consideration ; the Steps that he makes towards it , are in my Opinion not very congruous to his designed End , which must be submitted to the scrutiny of your more discerning Judgment . He begins first with the Statute of the Queen about Succession . Whosoever shall , after the Death of the Queen , affirm , That the Parliament of England hath not full Power to bind the Crown in Point of Descent or Succession , shall Forfeit his Goods and Chattels . Which he very Learnedly says , Doth not affect a Member of the Commons , because he is so , neither doth it affect any other Person , because its natural for any Member freely to advise with his Friend about it , with mutual safety : and to prove the latter , I suppose , he tells us what irrefragable Records of Parliament he hath perused , that the Members of the Commons in Ancient time , have sometimes demurred to Pass certain Bills of extraordinary nature , till they had consulted their Countreys they served for . And then shewing his ill Nature to the Statute of Eliz. he goes on , and tells us , he hopes his Friend will find he hath Stabb'd it into the Fifth Rib , a man that had not Studied to forget Scripture , as the Wicked Jews in Antiochus's time , endeavoured to Uncircumcise themselves , would have said under , or in the Fifth Rib , but why should he be quarrell'd with , for his unskilfulness in Scripture Language , when he is so notoriously out in other matters : he tells his Friend , he hath searched Records , but that may be questioned , when his mistakes about that Statute are so gross , for the Words are not as he gives e'm . If any shall after the Death of the Queen , &c. but they are , If any shall , during the Queens life , Claim Right to the Crown , &c. Or affirm , That the Laws and Statutes of this Realm do not bind the Right of the Crown , and the Descent , Government and Limitation thereof , &c. Yet though they are Printed in an Italick Character , as all expir'd Statutes are , he makes so many impertinent flourishes and inferences about his own Sense in the matter , that there is no room to lay any fault upon the Printer ; yet it may be these mistakes arises from his not trusting the Printed Statutes , because sometimes faulty , but applying himself to the Record , which , for want of skill in that Obsolete Hand , caused these mistakes ; yet from what he says , no man knows what measures to take , for having afterwards occasion to have another bout at that Terrible Statute , at the end of his Letter , he makes it talk at another Rate . This Gentleman you see hath but ill luck in his preliminary Attaque , how he behaves himself afterwards , is now to be examined , he lays down for his Maxim , That Parliament of England cannot by their Act Exclude or Disable the next Heir of Blood Royal from Succession to the Imperial Crown of this Nation , when he hath made out that — Erit mihi magnus Apollo . For this assertion , he gives several Reasons , such as they are . For his first Reason , he alledges , That the Succession to the Crown is unseparably annexed to proximity of Blood by the Laws of God and Nature . Secondly , Statute Laws contrarient to those , are Null and Voyd . To make good his first Reason , he offers at the 27 of Numb . which he calls the Statute Law , which God himself pronounced for ordering the descent of Honors and Possessions , ( to use the Authors own Words , ) but to so little purpose , as I am sorry he lyes under the suspicion of being an English man. For the first part of that Chapter Treats onely about directions concerning the disposal of the Inheritance of Zelophehads Daughters , which should be a standing Rule or a Statute of Judgment to the Children of Israel . The latter part gives an Account about nominating a Successor to Moses in the Kingdom or chief Magistracy , upon Gods giving him an Accompt of his approaching Death , in which as may appear by the Text , proximity of Blood was not at all regarded , for though Moses in probability had Sons , because no account of their Deaths , however he had Nephews , yet Joshuah the Son of Nun , all others set aside ; was preferred for his Graces and excellent Endowments , And the Lord said unto Moses , thou shalt put some of thine Honour upon him , that all the Congregation of the Children of Israel may be Obedient . Is not this a special Text to prove descent of Honours , according to Proximity of Blood ? but I conclude no great matters from that practise against this Champion for Succession by Blood , neither indeed is any part of Moses's Law , whether Judicial or Ceremonial , at all Argumentative in our Circumstances , for if the Statute about Zelophehads Daughters was as binding as the Moral Law , then wo worth all Tenants in Copy-hold or Borough English for evermore ; From hence he goes on to other Scripture Presidents , to as little purpose , and then falls a citing of Fathers to less , for what inference can be made to affect the force of our Laws from any thing the Fathers have said about Government ? From thence , to confirm and fortify this his first reason , he had recourse to Bodin a Frenchman , who argues strongly for the descent upon the Issue Male of the next of Blood , Sic enim ordo non tantum natura & Divinae Legis sed etiam omnium ubique gentium postulat , for so , says he , not only the Order of Nature and Divine Right , but of all Nations do require it . Anotable Advocate for the Kings of England , who claim by the Female , Then he falls to Cite a Company of Civilians with hard Names , as pertinent to his Design , as if he had Prayed Aid from the Jewish Talmud , or the Old Arabian Doctors , but at last , as if he was Conscious of some mistakes , he is content to leave the Argument to Civilians and Divines , who are as proper for it , quatenus so , as such , as the Lord Mayor of London and Court of Aldermen . Now he falls into an Heroick Harangue , and tells us it is most Evident , but how , he hath not told yet , that all the Humane Acts and Powers in the World , cannot hinder the descent of the Crown upon the next Heir of Blood , to make this out , he tells you of Watsons Case , of the Kings never dying , as if limiting the Succession would alter it : After all , he takes a great deal of pains to prove Allegiance due to Kings , from the form of the Indictments for high Treason , as if any Body in their right Wits would deny it . Now he falls to a very confident but undue concluding the Question , and says , as the Common Law is more worthy than the Statute Law , so the Law of Nature is more worthy than that , from thence he Tryumphantly concludes , no Humane Power can hinder the descent upon the Right Heir of the Crown . Because Allegiance to the King is due by the Law of Nature , as he proves by the forms of the Indictments before spoken of , which no body will deny , though they cannot agree with E. F. in the Conclusion , as being too foreign to the point , especially when it is obvious , how that every day both the Common Law and the Law of Nature are impos'd upon , and set aside by the Statute Law in something or other ; for the first it is known to every little Pettisogger , to the latter I shall speak hereafter : This Common Law , that he , so much without all reason cryes up , as if he had by some Vow abandon'd the Divine faculty of the Soul , as People do when they turn Papists , received its vigor from a meaner Power , than the Statute Law , for it had its Sanction from the Conqueror alone , who had right here , neither by God nor Nature . In the preamble to the confirmation of St. Edwards Laws , which he made the Fourth of his Reign , you may find these Words , Electi igitur de singulis totius patriae comitatibus vir . duodecem quo ●● possent recto traimite incedentes , nec ad dextram nec adsinistram divertentes Legum suarum , & consuetudinum sancita patefacerent nihil praetermittentes , nil addentes , nil praevaricando mutantes . Twelve men of every County being chosen , did first make Oath before the King , that to their Power , they would without any deviation to the right hand , or the left , discover the Sanction of their Laws and Customs , pretermitting nothing , adding nothing changing by prevarication , the Commissioners made their return , and the practice hath gone since accordingly , but when the Statute Law breaks in upon it , and for the better ease and instruction of the People , they were turned into French. This was the Original and Growth of the Common Law , so Sacred with my Author . Yet E. F. mistrusting I suppose , the efficacy of what he has said , shuffles all off to the Law of Nature , about which he had been nibbling a little all along , and declares it not abrogable by any Humane Power , and from thence concludes an incapability of disherison by Parliament , as being but a Humane Power ; Then the Gentleman falls on to Illustrate his Dogmatismes by Examples of our own Stories to as little purpose as the rest ; He tells you that the Second William Usurped upon Robert his Elder Brother , which cannot be Granted , for William claimed by virtue of the Conquerors Will , who ( after the example of the Patriarch Jacob , who gave to Joseph his younger Son , the Land which he had taken with his Sword and his Bow ) gave his younger Son , his English Acquisition : 't is true Robert made a bustle , but all was compounded for 3000 marks per Annum at present and the Crown in reversion : now though the Intrinsick value of that Summ be much more than so much now , yet it falls far short of any thing like a valuable compensation . To clear now the Usurpation of William the Second , I offer this Foreign Story ▪ Alphonso of Arragon Conquered the Kingdom of Naples , and gave it to his base Son Ferdinand , his lawful Son Succeeded him in the Crown of Arragon , Sicill , Ferdinands Posterity enjoyed it , without any imputation of Usurpation by any Writers of that or any succeeding Age , until they were expuls'd by the French Arms , the Treachery of the Spaniards concurring . Then he tells you , without any regard to Truth , though it be to no purpose , of the Establishment of H. the II. in whom the Saxon line was restor'd , as he faith , his Grandmother being the next Heir to Edgar Atheling : which all that knows History , must conclude a notorious untruth , for Edgar King of Scotland was Brother uterine to that Lady , whose Posterity is yet undetermin'd , this Gentleman by these petty remarks , I suppose , will put in for a compurgatour at the Tryal of the next Traytors , being as well qualifyed as any Young man of St. Omers . From thence , after some impertinent digression , concerning the Multitude of men , kill'd in the Civil Wars 'twixt York and Lancaster , he comes to Records , which he seems to set a great value upon , and tells us , That the entayl of the Crown upon H. 4. and his Heirs , was over ruled by Rich. Duke of Yorks Friends ; and gives you the Words Pro and Con , and likewise tells you it had the same Success under Edw. 4. and from thence Magisterially concludes , That a Title of that Sublimity and Grandeur is not at all impeachable even by Act of Parliament . Now any man of common sense would have given another reason , than the sublimity of the Title to have defeated that Act , namely , the incompetency of the Parliament that past it , being not rightly Constituted , as not Conven'd by a Legal Authority , under a Lawful King , that was the true reason of its faileur , though others may be fancyed , which more fully appears from the invalidity of all the Acts of Parliament by the Three Henryes , till Confirm'd in Edward the IV. time , as may appear by the Statute of Confirmation , to which I refer the Inquisitive . Now further to confirm what he would be at , he puts a modest Case of the King and his Three Estates , for that 's the natural meaning of the Word Parliament , of passing an Act , that no man should Honour the King or Love his Parents or Children , or give Alms to the Poor , or pey Tithes to the Parson of the Parish , it would be Void in it self , as The better to adjust his two later Examples , he Cites Doctor and Student , * and 21 H. 7. 2. but still according to his wonted ingenuity , for the Doctors Words there are , if it were Ordained , that no Almes should be given for no necessity , the Custom and Statute were void , yet he with the same Wind determines , that the Statute of 23 of Edw. III. since repealed , which forbad , under the Penalty of ImPrisonment , every man to give Almes to any Valiant Beggers , as he terms them ( which I suppose were the Words of the Statute ) that may well labour , that so they may be compelled to labour for their Living , to be a good Statute , for it observed the intent of the Law of God , there is a later since made , that so modifies Almes giving , that it is not to be done at all times and all places under a penalty : so that Authority makes nothing for his Case , his other is like 151 Psalm . no such thing in being , for the last Act of H. 7. was in the 19 of his Reign as may appear by the Printed Statute , which passes in all Courts for Record and uncontraversable Evidence . Then Dictator like , he concludes , after all this foisting , that he hath proved his two first Propositions , That the Succession of the Crown in England , is inseparably annexed to Proximity of Blood , by the Laws of God and Nature , and that Statutes contrarient to such are Voyd , from whence it necessarily follows , as he says . That the Heir of the Blood Royal , cannot be barr'd from Succession by Parliament , what need he now say any more ? but being satisfied , I suppose , of proving nothing all this while , he goes on to his second Reason . That the Succession of the Crown to the next Heir of Blood , is a Fundamental Constitution ; to confirm this now , which no body will deny , he Cites Sir Edward Cooke , but now , whither that or any other Fundamental , or any thing so called , be not alterable by Parliament , is the Question , about which Words the Gentleman seems to be fallacious , for if by that Word , he means only the major of Lords and Commons , excluding the King , as he seems to do , by so slightly speaking of their Power , he is in the right , but if by Parliament , he means as the Law means , he is ( as I hope to make it appear ) mistaken , now he would run down the reasonableness of their Authority , from Consequences , for if says he , a Parliament may alter such a Constitution , then the Monarchy of England will become Elective in a short space : but why , he does not so much as offer at , but he says it , and that 's enough , well , if it should be Elective ; as long as all parties concern'd are agreed , no sin against the Holy Ghost , I hope : Poland is an Example in this Case , which became an Elective Kingdom , from Despotical , upon the fayling of the Posterity of Crocus in Popielus the second ; as Denmark hath of late by consent of their Estates , become an Hereditary , from an Elective Monarchy , but nothing of that can be here , without the Royal Assent , which as in probability , it will never be demanded , so it will never be granted to that , then that fear is out of Doors . Then he goes on with a company of lofty words , about the Oriency of the Pearl of Succession , and tells you that the Kings of England themselves , their Chancellors , Treasurers , and all great Officers of State , their Privy Councellors and Judges , are all by the Provision of the Law , sworn upon the Holy Evangelists , to defend and maintain the Rights of the Crown , and that they suffer no Disherison or Dammage to accrue thereto , and very gravely cites Poulton for his Authority : this is very disingeniously done , for that President he so much raves on , is only the Form of the Oath for Justices , by which name Judges were then called , to ●ake upon admittance , which I suppose . they may do at this day , to their Offices , which was amongst other things , That they should not assent to any thing in Damage or Disherison to our Lord the King , nor to know any such Damage or Disherison , but to reveal or cause it to be revealed unto him ; not a word of the Rights of the Crown , which are , I suppose foisted in , the better to impose upon the World , that the Judges , &c. are bound by the Tenure of their Oath , to hinder any Law , to alter the Succession ; the words do not at all look forward , but are only as to what may concern the King Regnant , to whom they are sworn . 'T is a great fayleur in our Law , that there is no punishment , for such Impudent mis-citers of Records , to serve a turn : for , without doubt they are within the Equity of the Pillory for their officious pains and industry . Next he comes to a great Remarque in Parliament , which he cites the Roll for ; namely , that the Lords and Commons , being demanded their Advice by the King , in a matter relati●g the Crown , did Answer with one Voice , That they could not Assent to anything in Parliament , that tended to the disherison of the King , and his Heirs , or the Crown , whereto they were Sworn This looks like somewhat , but will not appear much , upon strickt Inspection : The Story is thus ; The Arch-Bishop of Canterbury , declared in that Parliament , that the Offers of David Bruce of Scotland for Peace were , so as he might freely Enjoy to him the whole Realm of Scotland , without any subjection , &c. The Lords and Commons , being willed to give their Advice , made several Answers , That they could not Assent to any such Peace , but to the disherison of the King , and of his Crown , and to the great danger of themselves , being Sworn to the same . That Answer now , resolves only into this , it sets forth the ill consequence of such a Peace , not much considered it may be before , as the Disherison of the King of the Fee of Scotland , which his Parliament could not , that is , were unwilling to Assent to an usual Form of denyal amongst great men , it does not at all declare their incapability through want of Power , for had that been the Case , the Kings Council would not have been so weak as to have put it to them . But Sir Edward Cokes Comment upon the Record makes all out , as he says , in Margine or the Margent of Inst . 4. 14 no King can Alien the Crown , though by Consent of Lords and Commons , then my Author is at his old Ward again , for my Lord Cookes Words are not so full , but only Declarative , what were the Words of the Parliament at that time , what his Opinion was of the Power of that High Court , I shall shew hereafter ; Then he comes to a late Example of the recognition to King James , in which that Kings Title is acknowledged , and the Parliament doth Humbly beseech the King to accept the Recognition not only to himself but to his Heir forever , nay , they go further , they desire that this Recognition may have the Royal Assent , &c. I Wonder now this should be urged , for nothing of Virtue can be conveyed by an Act of Parliament to that Title that 's derived from God and Nature , because one Parliament may undo the Acts of any of their Predecessors , nay Magna Charta it self is not shotfree , notwithstanding the Statute , that says , all Judgments against Magna Charta shall be Void . Next he tells you , That the Right Heir of the Crown cannot be Barr'd or Excluded by Act of Parliament , Because the descent of the Crown in an Instant absolutely Purgeth and Dischargeth all Obstructions and Incapacities whatsoever , Created by the same Act of Parliament , but now , if an Act of Parliament hinder that descent , that Argument is Non-suit , notwithstanding all his Examples according to his usual way , to no purpose , no Case alledged being any thing Parallel to that he pretends to ; One great Argument he hath is , That the Law of the Crown differs from Subjects in point of descents , as descending to an Alien , no Coheirs in the Case , no Tenancy by Courtesy , Descent by half Bloud , as all Honours do , And therefore that may be Law in Case of the Crown , which is not in Case of the Subject . So not to be affected by Parliament as he would imply , or else he says nothing ; by that Rule Copy-hold Tenure and Gavel kind are exempted too , because their Descents are not like the Common Law , a pretty Consequence . I must now take Notice how this unworthy Son of the Church of England , as he , and I think truly terms himself , Treats Queen Elizabeth , though it be out of my Province to say any thing in justification of the usage of the Queen of Scots , yet I must vindicate that great Queen from his Black Calumny : after a kind Expression or two about the Scots Queen , he tells you , That Queen Elizabeth Inheriting her Fathers Malaversion to the House of Scotland , sent her to a loathsom Prison , 't is true , She was a Prisoner at large under the Care of the Earl of Shrewsbury , where nothing of Liberty was denyed her but Access to the Queen , until she fell into the Correspondence with Babington , &c. He tells you farther , That the generality of Mankind lookt upon Maryes Title to the Crown better than the other , Elizabeth being Bastardized and rendred uncapable by Act of Parliament , yet unrepealed , at leastwise but a Stature Queen , as he unmannerly Terms her , when he Treats Queen Mary her Sister , who was in his Sense but a Statute Queen at another rate , for in the Dispute betwixt her and the Lady Jane Grey , he brings in an Historian , saying Tali & constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio , &c. By him thus Englished : Such and so constant a Veneration have we Englishmen for our Lawful Princes , that we are not to be drawn from our due Obedience , &c. Here Queen Mary notwithstanding her being Bastardized by Parliament is allowed a lawful Queen , but Religion covered her Nakedness , which laid the others more open ; but our Protestant is now come to himself , for Cat will be Cat still . I must ask this Protestant now who they were that Judged Queen Maryes Title better than Queen Elizabeth , it was not the Parliament , for Queen Elizabeth was Proclaimed Queen by a Popish Parliament , sitting at her Sisters Death , she was so by Heath the Chancellor , Arch-Bishop of York She was allowed to be so by the Pope , and so Stiled , till his Holiness published his Bull against her , she was so Stiled by all Christian Princes , except you will say , Francis the Second of France his Quartering her Arms was an implication to the contrary , though he never had the Courage to justify it . Besides all these , my Author may remember what he allowed to be Law once in Her Case , and in the Case of Hen. the Seventh , That the Crown takes away all Defects in Blood and incapacities by Parliament , and from that time that the King viz. Henry the Seventh did Assume the Crown , all Impediments were discharged . I have now run over the most material Points of his Arguments about Succession , to which I shall now oppose something of my own : I shall lay down for my Position , That the Parliament may make what Laws they please , even against the Law of Nature , which nevertheless shall be Binding . But before I enter any further I premise this , That my Design is only to set forth the Power of a King environed with his Three Estates , more terible than an Army with Banners ; His Power is then like that King Solomon speaks of , In the Word of a King there is Power , who may say unto him , What dost thou : it is not at all to Direct or Advise to make use of it , hoping there may never be occasion for it . In order now to the making good my assertion , its fit to Examine a little what the Law of Nature is , or what is meant by it , which he was never so kind to do ; though he make such a noyse about the Words , yet he would never tell us what he meant by them , which by his good Favour , is a kind of ( if not absolute ) Jargon or Canting ; one of the Fathers defines it to be impressio divini luminis an impression in us , and a participation of the Eternal Light in the rational Creature . Another says , It is an Act of Reason taken properly , Man now being a Creature adopted to Society is allowed by Natures Law ( which according to which Definition you please ) is nothing but rectified reason , to improve it , as far as he pleases , saving to every man the like Liberty , either by way of commerce or otherways , notwithstanding now this natural liberty , nothing's more ordinary than to rescind it , as in Case of Warrs betwixt Country , and Country , or upon other State accounts , yet no complaining in our Streets , by the Law of Nature every man is free to follow what Profession he pleases , yet you see how there are restriction layd dayly in the Case upon men , and such and such Trades confin'd to such , and such Societyes of Men , as the East-Indy , Guiny Companys , &c. or else to persons qualified , by the contemptible Statute Law ( as the Learned Author would intimate ) to follow them , yet not a word of these Violations , upon the sacred Law of Nature ; nay to come more Home , and familiarly to the Case , the great Law of Nature is violated in the Statute that declares who are , and what shall be the punishment of Rogues , yet the most strict Casuist , never wrote , nor much spoke against them . If now upon an Indictment E. F. should be enterteyned upon the Traver●… , who would make us believe he is a Lawyer , to run down those Acts as Invalid , because violences upon the Law of Nature , ( as he doth endeavour to run down one though not yet in Embryo , if it should pass into an Act , upon the same Account , ) he would pass for a Quaker , or one Candidate for the new Palace in Morefields , nay Polygamy is not against the Law of Nature , yet the restrictions upon it , I hope by E. F's . leave , are pardonable . It will not be amiss now in order to our end , to examine how those Laws of Nature for Succession , according to Proximity of Blood are regarded in other Christian Countreys , they are set aside in all Elective Kingdoms , as the Empire , the Kingdom of Poland , the Titulado Dukedom of Venice , nay the Kingdom of France , which is E. F. s beloved president , gives no regard to the Example of Zelophehads Daughters , though he lay such stress upon it in another case ; besides how many times , without regard to the Male Line it self , hath that Line bin altered ? yet none disputes that Kings Title , but to say the Truth , the Pope , who alone may dispose of Succession , had a hand in advancing the Carolingian Line , to the prejudice of the Merovinian , which like Offa Cerbero , a sop to Cerberus , keeps the Cur from snarling , . How was that Law of Nature violated by the gui●t of the Dauphinale to the Crown of France , by the Union of the Kingdom of Navarr and Dutchy of Britain to the said Crown ? By Virtue of which Union , Britagne is enjoyed by the French King , when the Right of Proxinity of Blood lyes in the House of Savoy to no purpose . If Natures Law be Violable , or hath bin violated in one place , without Taxation of Injustice , at the Discretion of the Supreme Power , which in every Constitution of Government is lodged somwhere , as by these Examples is made out , then it may admit of Violations again under the like Circumstances , that is of Safety and Security , for those were the true ends of those Unions , For that rule of Living , Quod tibi fieri non vis alteri ne feceris , what thou wouldst not have done to thy self , do not to another , improved by the Law of Grace to , whatsoever you would that ▪ Men should do unto you , that do unto them : does not at all reach Communityes or Societyes of Men , as may modestly be offered , otherways Maiefactours might make use of that Plea against the security of the Laws in their concerns ; now a great Latitude must be allowed to the Legislative Power , in making Laws upon emergent occasions to provide for the Publick safety , otherwayes our Sanguinary Laws against Robbery and Polygamy , being contrary to the Laws of God , which directs otherways in the former , and allowed , the latter must fall under a severe censure . I shall now hasten to Conclusion only subjoyn somwhat about Henry the Seventh , Whose Laws E. F. says my Lord Bacon Comments ( because he says somthing in his Case ) very handsomly upon , That King past two Notable Statutes , as he says , one that the Crown should rest and abide to himself and his Heirs , &c. The other that all persons should be indemnifyed that served the King for the time being in his Warrs , This Law says my Lord Bacon , had in it parts of prudent and deep foresight , for it took away occasion for the People to busy themselves in prying into the Kings Title to the Crown : for howsoever that fell out , good or bad , the peoples safety was provided for . The same Author in the close of that Kings Life , accounts it amongst his Blessings that he dyed so soon , viz. before the Prince comes to mans Estate , who , in likelyhood considering his great Spirit , would not have sitten down under the Law of settlement , but have seazed the present Possession of the Crown , as his Right by common Law , the Curtesy not reaching the case of the Crown , as has bin sayd before , This E. F. is mighty fond on , as coming from so great a Man , but to examine the matter over again , I cannot see notwithstanding my Lord Bacons Authority , how the Peoples safety was provided for by the Law of indemnity , if the Kings was not by the Statute of settlement ; For if once Henry the Seventh had fallen under the Power of his Son , as there has often hapned such Cases or any other Pretender , of the House of York , the Statute of safety for the People , as well as that of settlement for the King had bin equally out of Doors , by alledging that Henry the Seventh was no Legall King , so no Legall Parliament , like those of the three Henryes , and therefore nothing of that King binding . I wonder therefore so great a Man as my Lord Bacon should branch at so empty a Rate , but more that so palpable a nothing should pass upon a man , that has such Skill in that Knotty way of Argumentation , as E. F. pretends to have . Now that something has been said to prove that Parliaments have done , and do daily encroach upon the Law of Nature , without the least grumbling imaginable , I shall give some Scripture Presidents when Proximity of Blood , the thing insisted upon , in the Case of Government hath not been much regarded , yet no absolute proof of Gods immediate Command in the Case , Cain was set aside for Seth , Sem is not agreed to have bin the Elder Brother , whether Abraham was or no , is likewise a Question , but to be sure neither Isaac nor Jacob were , Reuben , Simeon and Levi were set aside for their Vices , and the Dominion of all given to Judah ; but these Examples may be Objected against , because the times before the Flood were dark ; and the other may be said to be in relation to Spirituals ; because none of them had , as appears , many to exercise a Royal Authority over , but a Royal Power some did Exercise as is Evident by Abrahams Offering to Sacrifice his Son , and Judah's commanding his Daughter in Law to be burnt , which none but an unaccountable person could do : From the time of Moses unto David Proximity of Blood was not regarded , Joshuah of another Tribe succeeded Moses in the Monarchy , the Succession going at the same race amongst all the Judges , except in the Case of Abimelech , whose manners and Success are not very Argumentative for the Traverse : now That those Judges were Kings , or so esteemed , is plain from the Text , In those days there was no King in Israel , but every man , &c. because at that time when that Villany was committed by the Benjamites , then was an Inter regnum , none to Judge the People as formerly . The Asmonaean Family or Machabees began at the same Rate , for Mattathias who got a party to oppose the Wicked proceedings of that ungodly Antiochus Epiphanes , when he dyed , bequeathed the Captainship of Israel , which he had exercised amongst them successfully for a while , unto Judas his Third Son , as the most fit , setting aside Simon his Eldest , though a worthy person , which he made appear when he came after the Death of Jonathan his Younger Brother , to the Administration of Publick affairs , no immediate hand of God in this , as may be said in the other , for then there was no Prophet in Israel to direct them , the Theocracy being determined , as may appear from Mach. 1. Cap. 4. Ver. 46. And they laid up the Stones in the Mountain of the Temple in a convenient place until there should come a Prophet to shew what should be done with them . For a parting blow , now in Answer to what is or can be said in the Case , I shall lay down this Thesis , That Statute Laws though contrarient to the Laws of God are binding , this I shall make out by pertinent Examples , an unanswerable Argument of the Power , though perhaps not of the Justice of Parliaments ; concerning their Power I will give you my Lord Cookes Sense , whose Authority my Author seems to value elsewhere . The Power and Jurisdiction of Parliament for making of Laws in proceeding by Bill , is so transcendent and absolute , as it cannot be confined either for Causes or Persons within any bounds , to whose unlimited power the Judge applyes the Verse of Virgil. Hic ego nec metas rerum● nec tempora pono , Intimating the same , I must now to make my position good give you some Examples of their Extravagancies , yet binding Acts , Jan. 26. An. 14. Edw. 4. It was Enacted that Henry Duke of Buckingham should be to all Intents and purposes reputed and taken a person of full Age of 21 years . It may Bastardize a Child that is by Law Legitimate . as in Marys Winc. Case 5. 6. Ed. 6. It may Bastardize Secundum quid as to part , to bar the Fathers Inheritance , and not the Mothers , as the late case of the Children of the Lady Anne Pier●…nt , it can Legitimate Totally or Secundum quid , as in the Case of the Children of the ●…ke of Lancaster , who were Legitimated to all Capacities but the Crown ; it can allow ● man to marry another Wife , his former being living , as the Case of L. R. nay it ●…n dispense with a new intermarriage to both parties , no peccancy in the Case , as the ●…ng and the Lady Anne of Cleve . 23 H. 8. C. 25. If these Examples now be not at least some of them contrary to Gods Law , I 'me in the dark , what is ; There being a positive Text in one Case ; as ●…om God hath joyned together , let no man put asunder ; and the other so sig●…ly Anathematized , as it may be said by Moses , A Bastard shall not enter into the ●…ngregation of the Lord , even to the Tenth Generation : But of all the Exam●…es of their Power , there is none greater than that of T. Cromwell , Earl of Essex , whose ●…ory is commonly mistaken , but it lyes thus ; the King Commanded the Earl to attend ●…e Chief Justices , To know whether a man that was forthcoming might be Attainted Parliament of Treason and never called to his Answer ? The Judges made Answer , ●…hat it was a dangerous question , The High Court of Parliament ought to give Examples Inferiour Courts , and none of them could do the like , and they thought that the Parliament would never do it , but being prest again by a second Message for a Positive An●…wer , They said , If he be Attainted , it could not come in question afterwards , whether he ●…as called or no , The Earl soon after was sent to Prison , Attainted without being called ●…o Answer and Executed accordingly . That this Statute was contrary to Gods Law , none will Dispute , that Considers that say●…ng of Nichodemus ; Doth our Law Judge any man before it hear him , and know what he ●…oth , now as much contrarient , to use E. F's . new Word once more , as this Law was and is ●…o Gods Law ; it s so far from being Voyd in respect of that , that it Works to this day , that Family Suffering under it yet , as deprived by virtue of that harsh Attainder , of the Earldom of Essex , which no Prince or Parliament ever yet took notice of to the Advantage of that Injured Lord. I shall give you another Instance , that Acts of Parliaments against the Law of God quoad forum humanum , though not in foro Conscientiae , to man-ward , though not to God-ward are binding , which is to be so understood by my position at the beginning of this Paragraph , for though we must chuse rather to Obey God than Man , yet to Oppose by force an Act so made , viz. contrary to Gods Law , is Treason by mans Law , as it may be Circumstanced , my Presidents are such as both Papists and Protestant E. F. and G. H. will agree to be such : The Bloody Statute of the VI Articles which made Popery a Statute Religion , as well , as some say , that Protestanism is made so since , was against all the Rules and Methods of Christianity , and consequently against the Laws of Gods , as all Protestants hold , yet it must be allowed to be binding , as long as it lasted : The Papists , viz. E. F. and his Fellow Clubbers at the Compendium of the Plot , that bundle of Lyes and Ill manners , without doubt think , and upon Occasion , will say , that our Sanguinary Laws against Priests are against the Laws of God , yet even they will not deny but they are binding Quoad Forum Humanum to manward . Now as Conclusive , and in Answer concerning what he says , That his Sacred Majesty that now is , will not suffer in his time , a Pearl of this Magnitude and Oriency , to be Ravished by any hands out of the Imperial Diadem of this Realm , I shall offer this , That a Declarative Act of that Power in the Parliament is the greatest Security to any Prince Regnant , in the Case of a contingent remainder , as I will put a Case , which may , but I hope will never be our own , admit the now Queen of Spain , happen to be the next remainder or Presumptive Heir , which God forbid ; and being Acted by her Husbands and other Popish Councils should without natural Affection , which is always with them postpond to Religion , attempt to remove the Obstruction by Vile Agents , Quis tot referre fa●inorum formas potest , Regnum petentis per gradum omnium scelerum . Who can express the Methods of Impieties in them that ambitiously seek after a Kingdom , commit insolent overtacts , as quartering the Arms of England , as Mary of Scotland did when Queen of France , which might be the occasion with the continuando of that Act of the 13 of Eliz. so much talked on , nay admit her Husband the King of Spain , should make open War , by attempting an Invasion , and Claim the present Possession of the Crown , as devolved unto the Pope for Heresy , and from him consigned unto that King , who without doubt hath as good a Title to the Crown of England , as Julio II. had to Navarr , yet the King of Spain holds upper Navarr , that is all in a manner worth holding , by Virtue of that Grant to this very day , it s well enough known how other Crowns too have been disposed on by the See of Rome , what shall we in such a Case sit and Sigh , and feed our Fancies with a company of insignificant Wishes , Hang up a Rogue or too when we can catch e'm , and behave our selves like the foolish Jews , who tamely let their Throats be Cut on the Sabbath day without resistance , shall we with them say ? Let us die in our Innocency , Heaven and Earth shall testify for us , That you put us to Death Wrongfully . Spain in the late Marriage with France , provided against all Contingencies of that Nature , by making the Daughter of Spain renounce all pretensions to the Crown , in Case it should happen to be her Right , and though it may be Objected , it was not Injurious , because of her Assent , yet whoso Considers Her Young Years , will not Argue much from thence . If there was no Remedy in such a Case , especially when there is a natural impossibility of defeating the Presumptive Heir , by natural means , as in the Case of the late great Queen , what encouragement can any man have to do his Duty , in Defending the present Possessour from the practises of the Impatient Heir , when he is sure to be at last layd open to all Injuries imaginable ▪ The Holy League to prevent that , Petitioned the Consistory at Rome , That they might have leave to overthrow the Succession in a full Assembly of the States , and to make the naming of a Successor Subject unto the said States , yet none of that Party concerned themselves much , with the unreasonableness of that Petition , being satisfied I suppose , with the expediency of the thing . Therefore since that no Laws can be , or has been made , but such as shall at some time entrench upon some particulars . It rests then naturally in the Supremacy to add what new ones it in reason shall think fit , that being the only proper Judge of all Conveniences in that Case , to think otherwise were to dismantle and disarm the Government , by making it so defective , as not to be able to provide either for its own Support or the Subjects Security , a Parliament , viz. the King and his Three Estates , being then the only Remedy in such a Juncture : I shall apply for a Conclusion to that uncontroulable and unaccountable Authority , the 33. 34. Verses of Job . 41. Vpon Earth there is none like him , who is made without fear , He beholdeth all High things , He is a King over all the Children of Pride . no more Worthy Sir , but I am Your Humble Servant , G. H. Notes, typically marginal, from the original text Notes for div A44972-e150 13 Eliz. C. g. 2. Sp. Glos . L. 1. C. 6. ● E. d 4. C. 1. * L. 1. C. 6. P. 9. 1. Edw. 3. 18. 42 Edw. ● . 1 Jac. C. 1. 25 Ed. 1. C. 2. p. 15. Aquinas . Inst . 4. c. 1. Deut. 23. 2. I. 7. 51 : De. 17. 10. 8. 19. 15. The Example of Spain disinheriting the Daughter . Mac. L. 1. c. 3. V. 36. 37. 
A45999	----	Idem iterum, or, The history of Q. Mary's big-belly from Mr. Fox's Acts and monuments and Dr. Heylin's Hist. res. 1688 Approx. 28 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A45999 Wing I33 Wing F2040_CANCELLED ESTC R5327 13205673 ocm 13205673 98485 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45999) Transcribed from: (Early English Books Online ; image set 98485) Images scanned from microfilm: (Early English books, 1641-1700 ; 422:8 or 1632:66) Idem iterum, or, The history of Q. Mary's big-belly from Mr. Fox's Acts and monuments and Dr. Heylin's Hist. res. Foxe, John, 1516-1587. Actes and monuments. Heylyn, Peter, 1600-1662. Ecclesia restaurata. 8 p. s.n., [London? : 1688] Caption title. Place and date of publication from NUC pre-1956 imprints. A letter to the Bishop of London, closing on p. 2, is dated 1554. Item at reel 1632:66 identified as Wing F2040 (number cancelled). Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Mary -- I, -- Queen of England, 1516-1558. Great Britain -- Kings and rulers -- Succession. 2005-11 TCP Assigned for keying and markup 2005-12 Apex CoVantage Keyed and coded from ProQuest page images 2006-01 Andrew Kuster Sampled and proofread 2006-01 Andrew Kuster Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion IDEM ITERVM : OR , The History of Q. Mary's Big-belly . FROM Mr. Fox's Acts and Monuments and Dr. Heylin's Hist . Ref. The thing that hath been , it is that which shall be ; and that which is done , is that which shall be done : and there is no new thing under the Sun. Eccles . 1. 9. UPon Wednesday , being the 28. of Novemb. there was a general Procession in Pauls for joy that the Queen was conceived and quick with Child , as it was declared in a Letter sent from the Council to the Bishop of London . The same day were present at this Procession ten Bishops , with all the Prebenda●●es of Pauls , and also the Lord Major with the Aldermen , and a great number of Commons of the City in their best Array . The Copy of the Council's Letter here followeth , ad perpetuam rei memoriam . A Copy of a Letter sent from the Council unto Edmund Bonner , Bishop of London , concerning Queen Mary's conceiving with Child . AFter our hearty Commendations unto your good Lordship ; Whereas it hath pleased Almighty God amongst other his infinite benefits of late most graciously poured upon us and this whole Realm , to extend his Benediction upon the Queens Majesty in such sort , as she is conceived and quick of Child , whereby her Majesty ( being our natural Liege Lady , Queen , and undoubted Inheritor of this Imperial Crown ) good hope of certain Succession in the Crown is given unto us , and consequently the great Calamities ( which for want of such Succession might otherwise have fallen upon us and our Posterity ) shall by God's Grace be well avoided , if we thankfully acknowledge this benefit of Almighty God , endeavouring our selves with earnest Repentance to thank , honour , and serve him , as we be most bounden : ●hese be not only to advertise you of these good news , to be by you published in all places within your Diocess , but also to pray and require you , that both your self do give God Thanks with us for this his special Grace , and also give order that Thanks may be openly given by singing of Te Deum in all the Churches within your said Dio●●ss ; and that likewise all Priests and other Ecclesiastical Ministers , in their Masses , and other Divine Services , may continually pray to Almighty God so to extend his holy hand over her Majesty , the King's Highness , and this whole Realm , as that ●●is thing , being by his Omnipotent Power graciously thus begun , may by the same well continued and brought to good effect , to the Glory of his Name . Whereunto , ●●it we doubt not , ye would of your self have had special regard without these our Letters diligently continued , we have also written these our Letters , to put you in remembrance ; and so bid your Lordship most heartily well to fare . From Westminst . Nov. 27. 1554 Your assured loving Friends , S. Winton , Cancel . Arundel . F. Shrewsbury . Edward Darby . Henry Sussex . John Barton . R. Rich. Thomas Watthom . John Huddilstone . R. Southwell . Ye heard a little before the Councils Letter sent to Bishop Boner , signifying the good News of Q. Mary to be not only conceived , but also quick with Child , which was in the Month of Novemb. the 28 day . Of this Child great talk began at this time to rise in every mans mouth , with busie preparation and much ado , especially amongst such as seemed in England to carry Spanish Hearts in English Bodies . In number of whom here is not to be forgotten nor defrauded of his condign Commendation for his worthy Affection toward his Prince and her Issue , one Sir Richard Southwell , who being the same time in the Parliament-House , whereas the Lords were occupied in other Affairs and matters of Importance , suddenly starting up , for fulness of joy burst out into these words following : Tush my Masters , quoth he , what talk ye of these matters ? I would have you take some order for our Master that is now coming into the World apace , lest he find us unprovided , &c. By the which words both of him , and also by the aforesaid Letters of the Council , and the common talk abroad , it may appear what an assured Opinion was then conceived in mens Heads of Q. Mary to be conceived and quick with Child : insomuch that at the same time , and in the same Parliament , there was eftsoons a Bill exhibited , and an Act made upon the same , the words whereof , for the more evidence , I thought good here to exemplifie , as followeth : The Words of the Act. ALbeit we the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , have firm hope and confidence in the goodness of Almighty God , that like as he hath hitherto miraculously preserved the Queens Majesty from many great imminent Perils and Dangers , even so he will of his infinite Goodness give her Highness strength , the rather by our continual Prayers , to pass well the danger of deliverance of Child , wherewith it hath pleased him ( to all our great comforts ) to bless her : yet forasmuch as all things of this World be uncertain , and having before our eyes the dolorous experience of this inconstant Government , during the time of the Reign of the late King Edward VI. do plainly see the manifold Inconveniencies , great Dangers and Perils that may ensue this whole Realm if foresight be not used to prevent all evil chances , if they should happen : for the eschewing hereof , we the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , for and in consideration of a most special trust and confidence that we have and repose in the King's Majesty , for and concerning the Politick Government , Order and Administration of this Realm in the time of the young years of the Issue or Issues of her Majesties Body to be born , if it should please God to call the Queens Highness out of this present life during the tender years of such Issue or Issues ( which God forbid ) according to such order and manner as hereafter in this present Act his Highness's most gracious Pleasure is , should be declared it hath pleased his Highness not only to declare , That like as for the most part his Majesty ●erily trusteth that Almighty God ( who hath hitherto preserved the Queens Majesty , to give this Realm so good an hope of certain Succession in the Blood Royal of the same Realm ) will assist her Highness with his Graces and Benedictions , to see the Fruit of her Body well brought forth , live and able to govern ( whereof neither all this Realm , nay all the World besides , should or could receive more comfort than his Majesty should and would , ) yet if such chance should happen , his Majesty , at our humble desires , is pleased and contented not only to accept and take upon him the care and charge of the Education , Rule , Order and Government of such Issues as of this most happy Marriage shall be born between the Queens Highness and him ; but also , during the time of such Government , would by all ways and means study , travel , and employ himself to advance the Weal , both Publick and Private , of this Realm and Dominion thereunto belonging , according to the said Trust in his Majesty reposed , with no less good will and affection than if his Highness had been naturally born amongst us . In consideration whereof , be it enacted by the King and the Queens most excellent Majesties , by the Assent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , &c. As it is to be seen in the Act more at large ratified and confirmed at the same Parliament , to the same intent and purpose . ¶ Thus much out of the Act and Statute I thought fit to rehearse , to the intent the Reader may understand not so much how Parliaments may sometimes be deceived ( as by this Child of Q. Mary may appear ) as rather what cause we Englishmen have to render most earnest thanks unto Almighty God , who so mercifully , against the Opinion , Expectation , and working of our Adversaries , hath helped and delivered us in this case , which otherwise might have opened such a window to the Spaniards , to have entred and replenished this Land , that peradventure by this time Englishmen should have enjoyed no great quiet in their own Country : The Lord therefore make us perpetually mindful of his benefits . Amen . Thus we see then how man doth purpose , but God disposeth as pleaseth him . For all this great Labour , Provision and Order taken in the Parliament-House for their young Master long looked for , coming so surely into the World , in the end appeared neither young Master nor young Mistris that any man yet to this day can hear of . Furthermore , as the labour of the Lay-sort was herein deluded , so no less ridiculous it was to behold what little effect the Prayers of the Pope's Church men had with Almighty God , who travelled no less with their Processions , Masses and Collects , for the happy deliverance of this young Master to come , as here followeth to be seen . A PRAYER made by Dr. Weston Dean of Westminster , daily to be said for the Queen's Deliverance . O Most righteous Lord God , which for the offence of the first Woman , hast threatned unto all Women a common , sharp , and inevitable Malediction , and hast enjoined them that they should conceive in sin , and being conceived , should be subject to many and grievous torments , and finally , be delivered with the danger and jeopardy of their Lives ; We beseech thee for thine exceeding great goodness and bottomless mercy , to mitigate the strictness of that Law : asswage thine Anger for a while , and cherish in the bosom of thy favour and mercy our ●…ting the trouble , may with joy , laud and praise the bountifulness of thy Mercy , and together with us , praise and bless both thee and thy holy Name world without end . This , O Lord , we desire thee , we beseech thee , and most heartily crave of thee . Hear us , O Lord , and grant us our Petition : Let not the Enemies of thy Faith , and of thy Church , say , Where is their God ? A solemn PRAYER made for K. Philip and Q. Mary's Child , that it may be a Male-child , Well-favoured and Witty , &c. O Most mighty Lord God , which regardest the Prayer of the humble , and despisest not their request ; bow down from thine high habitation of the Heavens the eyes of thy mercy unto us wretched Sinners , bowing the knees of our Hearts , and with many and deep sighs bewailing our sins and offences , humbly , with eyes intent and hands displayed , praying and beseeching thee , with the shield of thy Protection , to defend Mary thy Servant and our Queen , who hath none other helper but thee , and whom , through thy Grace , thou hast willed to be conceived with Child ; and at the time of her Travel graciously with the help of thy right hand deliver her , and from all danger , with the Child in her conceived , mercifully preserve . It hath seemed good in thy sight , merciful Father , by thy Servant Mary , to work these Wonders ; that is to say , in her hands to vanquish and overthrow the stout Enemy , and to deliver us , thy People , out of the hands of Hereticks , Infidels , Enemies to thee , and to the Cross of thy beloved Son Jesus Christ , that of thy Servant thou mightest speak in far Countries . Therefore for these wonderful Works which thou dost to thy Servants , thou art magnified Lord God for ever , and we thy People bless thee the God of Heaven , which hath wrought upon us this great Mercy , and hast excluded from us the Heretick , the Enemy of Truth , the Persecutor of thy Church . We know , we know , that we have grievously ( Lord ) sinned , that we have been deceived by Vanity , and that we have forsaken thee our God. Our Iniquities be multiplied on our head , and our sins be encreased up to Heaven , and we our selves having offended , and our Princes and our Priests , for these our sins , have deserved an Hypocrite to our Prince , our sins have deserved a Tyrant to our Governor , that should bring our life to bitterness . We be not worthy to have so gentle and merciful a Queen , so godly a Ruler , and finally , so vertuous a Prince ; at the very beginning of whose Reign , a new Light as it were of Gods Religion seemed to us for to spring and rise . The Jews did bless the Widow Judith with one voice , saying , Thou art the Glory of Jerusalem , thou art the Joy of Israel , thou art the Honour of our People , for that thou hast loved Chastity , and thou shalt be blessed for ever . And we the English People with one agreeable consent do cry , Thou Mary art the Glory of England , our Joy , the Honour of thy People , for that thou hast embraced Chastity , thine heart is strengthened , for the hand of our Lord hath comforted thee , and therefore thou shalt be blessed for ever . But bow down , O most merciful Father , thine ear , and open thine eyes , and behold our Affliction , and our humble Confession . Thou knowest , Lord , that against Philip , not by humane , but by thy Ordinance our King , and against thy Servant Mary , by thy Providence our Queen , the Restorers and Maintainers of thy Testament of the Faith , and most constant Defenders of thy Church ; thou knowest , I say , that against these our two Governors , By the Power of their hands they would change thy Promises , and destroy thine Inheritance , and stop and shut up the mouths of them that praise thee , and extinguish the glory of thy Catholick Church and Altar . It is manifest and plain how many Contentions , how many Conspiracies and Seditions , how great Wars , what Tumults , how many and how great troublesome Vexations , how many Heresies and Schisms ( for these be the most ready Devices and evident tokens of Hereticks ) for our sins do hang over us , if thy Servant be taken from this life ; for we acknowledge that our Lord is omnipotent , who hath pitched his dwelling-place in the midst of his People , to the intent to deliver us out of the hands of our Enemies . Turn therefore thy countenance unto us , shew unto us , O Lord , thy face ; punish us for our sins according to thy Will and Pleasure , only now deliver us . We bowing the knees of our Heart , beseech thee , that thou wilt not reserve unto us Punishment for ever , and we shall praise thee all the days of our life . Hear our cry , and the Prayer of thy People , and open to them the treasure of thy mercy , thy gracious favour , the spring of lively Water . Thou that hast begun , make in the hand of thy Servant a perfect work : suffer not , we pray thee , the faithless Rebels to say of thy Servant and her Counsellors , that they have devised matters which they cannot perform : and grant unto thy Servant an happy and an easie Travel ; for it is not impossible to thy Power , nor indecent to thy Justice , nor unwonted to thy Mercy . It is well known unto us how marvellously thou didst work in Sarah of the Age of 90 Years , and in Elizabeth the barren , and also far stricken in Age ; for thy Counsel is not in the power of Men. Thou Lord that art the searcher of Hearts and Thoughts , thou knowest that thy Servant never lusted after Man , never gave her self to wanton Company , nor made her self partaker with them that walk in lightness ; but she consented to take an Husband with thy Fear , and not with her Lust . Thou knowest that thy Servant took an Husband , not for carnal Pleasure , but only for the desire and love of Posterity , wherein thy name might be blessed for ever and ever . Give therefore unto thy Servants , Philip our King , and Mary our Queen , a Male Issue , which may sit in the Seat of thy Kingdom . Give unto our Queen , thy Servant , a little Infant , in fashion and body comely and beautiful , in pregnant Wit notable and excellent . Grant the same to be in Obedience like Abraham , in Hospitality like Lot , in Chastity and Brotherly-love like Joseph , in Meekness and Mildness like Moses , in Strength and Valour like Sampson ; let him be found faithful as David after thy heart ; let him be wise among Kings as the most wise Solomon : let him be like Job , a simple and an upright man , fearing God and eschewing evil : let him finally be garnished with the comeliness of all vertuous Conditions , and in the same let him wax old and live , that he may see his Childrens Children to the third and fourth Generation : and give unto our Soveraign Lord and Lady , King Philip and Queen Mary , thy Blessings , and long life upon Earth ; and grant that of them may come Kings and Queens which may stedfastly continue in Faith , Love and Holiness : and blessed be their Seed of our God , that all Nations may know thou art only God in all the Earth , which art blessed for ever and ever . Amen . Another O Almighty Father , which didst sanctifie the Blessed Virgin and Mother Mary in her Conception , and in the Birth of Christ our Saviour thine only Son ; also by thine omnipotent Power didst safely deliver the Prophet Jonas out of the Whale's Belly ; defend , O Lord , we beseech thee , thy Servant Mary our Queen , with Child conceived , and so visit her in and with thy godly gift of Health , that not only the Child thy Creature , within her contained , may joyfully come from her into this World , and receive the blessed Sacraments of Baptism and Confirmation , enjoying therewith daily increase of all Princely and gracious gifts both of Body and Soul ; but that also she the Mother , through thy special Grace and Mercy , may in time of her Travel avoid all excessive dolor and pain , and abide perfect and sure from all peril and danger of Death , with long and prosperous Life , through Christ our Lord , Amen . It followeth now further in process of this Story , That upon the Tuesday , being the 10th of January , nineteen of the Lower House of the Parliament , with the Speaker , came to Whitehall to the King , and offered him the Government of the Realm and of the Issue , if the Queen should fail , which was confirmed by Act of Parliament within ten days after . Concerning the Child-bed of Queen Mary , as it was rumoured among the People . LOng persuasion had been in England , with great expectation , for the space of half a year or more , that the Queen was conceived with Child . This Report was made by the Queen's Physitians , and others nigh about the Court ; so that divers were punished for saying the contrary : and commandment was given , That in all Churches Supplication and Prayer should be made for the Queen 's good Delivery ; the Certificate whereof ye may read before in the Letter of the Council sent to Boner ; and also the same moreover may appear by Provision made before in Act of Parliament for the Child . And now forasmuch as in the beginning of this month of June , about Whitsontide , the time was thought to be nigh that this young Master should come into the World , and that Midwives , Rockers , Nurses , with the Cradle and all , were prepared and in a readiness ; suddenly , upon what cause or occasion it is uncertain , a certain vain Rumour was blown in London of the prosperous Deliverance of the Queen , and the Birth of the Child ; insomuch that the Bells were rung , Bonfires and Processions made , not only in the City of London , and in most other parts of the Realm , but also in the Town of Antwerp Guns were shot off upon the River by the English Ships , and the Mariners thereof rewarded with an hundred Pistolets or Italian Crowns , by the Lady Regent , who was the Queen of Hungary . Such great rejoycing and triumph was for the Queens Delivery , and that there was a Prince born : yea , divers Preachers , namely , one the Parson of St. Anne within Aldersgate , after Procession and Te Deum sung , took upon him to describe the proportion of the Child , how fair , how beautiful , and great a Prince it was , as the like had not been seen . In the midst of this great ado , there was a simple man ( this I speak but upon information ) dwelling within four Miles of Berwick , that never had been before half Child , Here is a joyful Triumph , but at length all will not prove worth a Mess of Pottage , as indeed it came to pass ; For in the end all proved clean contrary , and the joy and expectations of men were much deceived . For the People were certified , that the Queen neither was as then delivered , nor after was in hope to have any Child . At this time many talked diversly . Some said this Rumor of the Queens Conception was spread for a policy ; some other affirmed , that she was deceived by a Tympany or some other like Disease , to think her self with Child , and was not ; some thought she was with Child , and that it did by some chance miscarry , or else that she was bewitched ; but what was the truth thereof the Lord knoweth , to whom nothing is secret . One thing of mine own hearing and seeing I cannot pass over unwitnessed . There came to me whom I did both hear and see , one Isabel Matl , a Woman dwelling in Aldersgate-stree in Horn-Ally , not far from the House where this present Book was printed , who before witness made this Declaration unto us , That she being delivered of a Man-Child upon Whitsunday in the morning , which was the 11th . day of June , 1555. there came to her the Lord North , and another Lord to her unknown , dwelling then about Old-Fishstreet , demanding of her if she would part with her Child , and would swear that she ne'er knew nor had any such Child . Which , if she would , her Son ( they said ) should be well provided for , she should take no care for it , with many fair Offers if she would part with the Child . After that came other Women also , of whom , one they said should have been the Rocker ; but she in no wise would let go her Son , who at the writing hereof being alive , and called Timothy Malt , was of the age of Thirteen years and upward . Thus much , I say , I heard of the Woman herself . What credit is to be given to her relation , I deal not withal , but leave it to the liberty of the Reader , to believe it they that list ; to them that list not , I have no further warrant to assure them . Among many other great preparations made for the Queens deliverance of Child , there was a Cradle very sumptuously and gorgeously trimmed , upon the which Cradle for the Child appointed , these Verses were written both in Latin and English . Quam Maria sobolem , Deus optime , summe dedisti , Anglis incolumem redde , tuere , Rege . Out of Dr. Heylyn's History of the Reformation . Pag. 216. THE Queen about three months after her Marriage began to find strong hopes , that not only she had conceived , but also that she was far gone with Child . Notice whereof was sent by Letters to Bonner from the Lords of the Council , by which he was required to cause Te Deum to be sung in all the Churches of his Dioscess , with continual Prayers to be made for the Queens safe delivery . And for example to the rest , these Commands were executed first on the 28th . of November , Dr. Chads●y one of the Prebends of Pauls preaching at the Cross in the presence of the Bishop of London , and nine other Bishops , the Lord Mayor and Aldermen attending in their Scarlet Opinion gathering greater strength with the Queen , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it was Enacted by the Lords and Commons then sitting in Parliament , That as it should happen to the Queen otherwise than well in the time of her travel that then the King should have the politick Government , Order and Administration of this Realm , during the tender years of her Majesties Issue , together with the Rule , Order , Education and Government of the said Issue . Which charge as he was pleased to undergo at their humble suit , so they were altogether as forward to confer it on him ; not doubting but that during the time of such Government he would by all ways and means study , travel , and imploy himself to advance the weal ( both publick and private ) of this Realm , and Dominions thereunto belonging , according to the trust reposed in him , with no less good will and affection than if his Highness had been naturally born amongst us . Set Forms of Prayer were also made for her safe delivery , and on particularly by Weston , the Prolocutor of the first Convocation ; in which it was prayed , That she might in due season bring forth a Child in body beautiful and comely , in mind noble and valiant : So that she forgetting the trouble , might with joy , land and praise , &c. Great preparations were also made of all things necessary against the time of her Delivery , which was supposed would fall about Whitsontide in the month of June , even to the providing of Midwives , Nurses , Rockers , and the Cradle too . And so far the hopes thereof were entertained , that on a sudden a rumor of her being delivered the Bells were rung , and Bonfires made in most parts of London . The like Solemnities were used at Antwerp , by discharging all the Ordnance in the English Ships ; for which the Mariners were gratified by the Queen Regent with 100 Pistolets . In which , as all them seemed to have a spice of madness in them , so none was altogether so wild as the Curate of S. Anns near Aidersgate , who took upon him after the end of the Procession to describe the proportion of the Child , how fair , how beautiful , and great a Prince it was , the like whereof had never been seen . FINIS . Notes, typically marginal, from the original text Notes for div A45999-e10 The Child which thou to Mary , O Lord of Might hast send , To England's Joy , in health preserve , keep and defend . 
A02848	----	An ansvver to the first part of a certaine conference, concerning succession, published not long since vnder the name of R. Dolman Hayward, John, Sir, 1564?-1627. 1603 Approx. 301 KB of XML-encoded text transcribed from 89 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A02848 STC 12988 ESTC S103906 99839648 99839648 4088 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A02848) Transcribed from: (Early English Books Online ; image set 4088) Images scanned from microfilm: (Early English books, 1475-1640 ; 1105:07) An ansvver to the first part of a certaine conference, concerning succession, published not long since vnder the name of R. Dolman Hayward, John, Sir, 1564?-1627. [168] p. Imprinted [by Eliot's Court Press, R. Bradock, P. Short, T. Snodham, R. Field, and J. Harrison] for Simon Waterson, and Cuthbert Burbie, At London : 1603. Dedication signed: Io: Hayvvard. A reply to: A conference about the next succession to the crowne of Ingland. "Eliot's Court Press pr[inted]. piA, Bradock A-C, Short D-G, Snodham H-L, Field M-P, and Harrison Q-V"--STC. Signatures: A⁴ ² A-V⁴. The first leaf is blank except for signature-mark "A". Quires D-G are paginated 17-48. Some copies have slip-cancels on F2r line 5, I2v lines 24,25, and I4r line 16. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. 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Great Britain -- Kings and rulers -- Succession -- Early works to 1800. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Rina Kor Sampled and proofread 2004-03 Rina Kor Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion AN ANSVVER TO THE FIRST PART OF A CERTAINE CONFERENCE , CONCERNING SVCCESSION , PVBLISHED not long since vnder the name of R. Dolman . AT LONDON Imprinted for Simon Waterson , and Cuthbert Burbie . 1603. TO THE KINGS MOST EXCELLENT MAIESTIE . MOst loued , most dread , most absolute both borne and respected Soueraigne , to offer excuse for that which I needed not to haue done , were secretly to confesse , that hauing the iudgement to discerne a fault , I wanted the will not to commit it . Againe , to seeke out some coulers to make it more plausible , were to bring in question the sufficiencie thereof . Therefore without further insinuation either for pardon or for acceptance , I here present vnto your Maiestie this defence , both of the present authoritie of Princes , and of succession according to proximitie of bloud : wherein is maintained , that the people haue no lawfull power , to remoue the one , or repell the other : In which two points I haue heretofore also declared my opinion , by publishing the tragicall euents which ensued the deposition of King Richard , and vsurpation of King Henrie the fourth . Both these labours were vndertakē with particular respect , to your Maiesties iust title of succession in this realme : and I make no doubt , but all true hearted Englishmen wil alwaies be both ready and forward to defend the same , with expence of the dearest drops of their bloud . The Lord vouchsafe to second your honorable entrance to the possession of this crowne , with a long & prosperous continuance ouer vs. Your Maiesties most humble and faithfull subiect . Io : HAYVVARD . Qui tibi Nestoreum concessit pectus e● ora , Nestoreos etiam concedat Iupiter annos . To R. DOLEMAN . YOu will thinke it strange Maister Doleman , that hauing lien these many yeares in quiet harbour frō the tempest of mens tongues , you should now feele a storme to breake vpon you ; peraduenture you were perswaded ( as euery one suffereth himselfe to be beguiled with desire ) that this silence did growe , eyther vpon acceptance of your opinion , or from insufficiencie to oppose against it . I assure you neither ; but partly from contempt , and partly from feare . Th● contempt proceeded from the manner of your writing , wherein you regarde not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : not how eyther truly or pertinently , but how largelye you do wright : endeauouring nothing else , but eyther to abuse weake iudgements , or to feede the humors of such discontented persons , as wante o● disgrace hath kept lower then they had set their swelling thoughts . The feare was occasioned by the nimble eare which lately was borne to the touche of this string : for which cause our English fugitiues did stand in some aduantage , in that they had free scope to publish whatsoeuer was agreeable to their pleasure ; knowing right well , that their bookes could not be suppressed , and might not be answered . It may be you will question , wherefore I haue not answered your second part : it is ready for you , but I haue not now thought fit to divulge the same ; partly because it hath beene dealt in by some others ; but principallie because I know not how conuenient it may seeme , to discusse such particulars , as with generall both liking and applause are now determined . I forbeare to expresse your true name ; I haue reserued that to my answere to some cast Pamphlet which I expect you will cast forth against mee : and I make little doubt but to driue you in the end to such desperate extremitie , as ( with Achitophell ) to sacrifice your selfe to your owne shame , because your mischieuous counsaile hath not bin embraced . AN ANSVVERE TO THE FIRST CHAPter ; whereof the Title is this . That succession to gouernement by neerenesse of bloude is not by lawe of Nature or deuine , but onely by humane and positiue lawes of euery particular common wealth : and consequently , that it may vpon iust causes , be altered by the same . HERE you beginne , that other conditions are requisite for comming to gouernement by succession , besides propinquitie or prioritie of bloude ; which conditions must be limited by some higher authoritie then that of the King , and yet are they prescribed by no law of Nature or deuine . For otherwise , one that wanteth his wits or sences , or is a Turke in religion , might succeed in gouernment ; which you affirme to be against al reason , law , religion , wisdom , cōsciēce , & against the first end of Institutiō of cōmō wealths . And that Byllay , who maintaineth the contrarie , doth it in fauour and flattery of some particular Prince . What cōditiōs are requisit in succession besides priority of bloud , & by what authority they are to be limited , I w●l thē examin whē you shal propoūd : but for your reason of this assertiō , you must heaue other men thē Billay out of credit , for reason , law , cōsciēce , & wisdom , before you cary it for cleare good . As for entire cōtrariety in religion , or differēce in some particular points therof , whether it be a sufficient cause of exclusion , or no , I wil refer my selfe to that place , where you do strain your strength about it . In disabilities to gouern , Baldus a doth distinguish , whether it be naturall , or accidentall ; affirming , that in the first case it sufficeth to exclude , because he that is incapable of gouernmēt frō his birth , had neuer any right of successiō setled in him : in the other it doth not suffice ; because he that is once inuested in right of succession , cānot be depriued therof without his fault . Many do follow this distinction ; Io : Igneus b doth limit it , to such dignities as are not absolute : But I●son c , Angelus d & diuers others do indistinctly hold , that the eldest son of a king or other gouernor , although he be borne either ●urious , or a foole , or otherwise defectiue , cānot therfore be excluded frō his successiō . These affirm , that any end of institution of common wealths is , if not fully , yet better satisfied , by appointing a protector of the state ( as vpō diuers occasions it hath bin vsuall ) then by acknowledging another prince ; as wel for other respects , as for that by continuāce of succession in one discent , a faire & ordinary occasion is remoued , both of mutiny & inuasion . For enemies wil not readily attempt , & subiects do most willingly obey that prince , whose ancesters haue worn out those humors both of hatred & contempt which do commonly accompany new raised estates . I wil not confirm this last opinion , by the exāple of Neptune the son of Saturn ; who , althogh he was lame on both his legs , yet had the gouernment of the sea allotted to him : but I wil cōfirm it by the practise of Athens & Laced●mon , the two eyes of Graecia , as Leptines e & Iustine f do aptly term thē . Herodotu : g reporteth that whē Alexandrides king of Sparta left 2 , sons , Cleomenes the eldest , distracted in wits , & Dorieus the yongest , both of ability & inclination to all actions of honor , the Lacedaemoniās acknoledged Cleomenes for their king . Agesilaus also the famous king of Lacedaemon was lame , as Plutarch & Probus Aemilius h do report . Paul. Orosius i saith , that the Lacedaemonians did chose to haue their K. halt rather thē their kingdom . Herodotus k also writeth that after the death of Codrus king of Athens , Medon his eldest son , & Neleus the next , did contend for the kingdom , because Neleus would not giue place to Medon , who was by reason of his lame legs , if not vnable , yet vnapt to gouerne . The matter being almost brought to the sentence of the sword , it was mediated between thē , that the cōtrouersie should be decided by the Oracle of Apollo-Apollo was consulted ; by whose iudgement Medon was declared king . Iosephus l hath left recorded , that Aristobulus & Hircanus , after a long & cruel contētion for the kingdom of Iury , made Pompeie the iudge of that right which by arms they wer vnable to decide . Hircanus alleaged that he was eldest brother ; Aristobulus excepted , that Hircanus was insufficient to gouern a realme . Hereupon Pompei gaue sentence , that Aristobulus should giue ouer the kingdome which he did vsurp , & Hircanus be restored to his estate . The like iudgement doth Liuy m write , that Annibal gaue for the kingdome of that country , which is now called Sauoy restoring Brancus vnto his right , from which he had beene by his younger brother expelled . And although Pyrrus did appoint that sonne to succede , whose sworde had the best edge , yet was the eldest acknowledged , who bare the least reputation for valour . Lisander moued the Lacedaemonians to decree , that the most sufficient , & not alwais the next in bloud of the ligne of Hercules , should be admitted to the kingdome ; yet Plutarch n saith , that he found no man to second his aduise . I will adde an example of later times . Ladislaus , a man more famous for the sanctitie of his life , then for his kingdom of Hungary , left by his brother Grisa two nep●ewes ; Colomannus the elder , who was dwarfye , lame , crooke-backt , crab-faced , blunt and bleare-eyed , a stammerer , and ( which is more ) a Priest : and Almus the younger , a man free from iust exception . Yet these respectes set aside , a dispensation was obteined from the Pope , and Colomannus , notwithstanding his deformities and defectes , was accepted by the people for king . Girarde writeth , that the custome of the French was to honour their kings whatsoeuer they were , whether foolish or wise , able or weake : esteeming the name of king to be sacred , by whomsoeuer it should be borne . And therfore they supported in estate , not onely Charles the simple , but Charls the 6. also , who raigned many years in open distēperature & disturbance of minde . So you see , that the practise of many nations haue beene contrary to your conceipt : and that the interpreters of the ciuill and canon lawe ( good arbitrators of naturall equitie ) either beare against you , or stand for you onely when disabilitie is naturall : adding further , that if the excluded successor hath a sonne , before or after succession doth fall , free from any such defect , the right of the kingdome descendeth vnto him . This affirmeth Baldus q , Socinus r , Cardinall Alexander , and before them , Andreas Iserna . t Because the inhabilitie of parents doth not preiudice the children , especially in regard of their naturall rightes u : neither is it any impediment wherefore they should not enioy either priuiledge or dignitie from the person of their grandfather . Magis est ( saith Vlpian x ) vt aui potius dignitas prosit , quam obsit casus patris . It is fitter that the son should receiue profit by the dignitie of his grandfather , then preiudice by his fathers chaunce . And this ( we may thinke ) is a reasonable respect , wherefore other interpreters haue not allowed their principall opinion , in repelling him who is disabled by birth . For if another be once possessed of his place , it will be hard for any of his children to attaine their right : Wherevpon difunion , factions , warres may easily arise . It is inconuenient ( I grant ) to be gouerned by a king , who is defectiue in body or in minde : but it is a greater inconuenience , by making a breache in this high point of state , to open an entrance for all disorders , wherein ambition and insolencie may range at large . For as mischiefe is of that nature that it cannot stand , but by supportaunce of another euill , and so multiplieth in it selfe , till it come to the highest , and then doth ruine with the proper weight : so mindes once exceeding the boundes of obediēce , cease not to strengthen one bouldnesse by another , vntil they haue inuolued the whole state in confusiō . We find that Gabriel the yongest brother of the house of Saluse kept his eldest brother in close prisō , vsurped his estate , and gaue forth for satisfaction to the people , that hee was mad . I could report many like examples : but I shal haue occasion to speake more hereof in the further passage betwixt vs. After this you conclude three points . 1 That inclination to liue in companie is of nature . 2 That gouernement and iurisdiction of magistrates is also of nature . 3 That no one particulare forme of gouernement is naturall ; for then it should be the same in all countries , seeing God and nature is one to all . But before I ioyne with you , either in contradiction or consent , it shall not be amisse to declare briefly , what we vnderstand by the lawe of nature , and by what meanes it may best be knowne . God in the creation of man , imprinted certaine rules within his soule , to direct him in all the actions of his life : which rules , because we tooke them when wee tooke our beeing , are commonly called the primarie lawe of Nature : of which sort the canons x accompt these precepts following . To worship god : to obey parents and gouernours , & therby to conserue common society : lawful coniunction of man & woman : succession of children : education of children : acquisition of things which pertaine to no man : equall libertie of all : to communicate commodities : to repell force : to hurt no man : and generally , to do to another as he would be done vnto : which is the sum and substance of the second table of the decalogue . And this lawe Thom. Aquine y affirmeth to be much depraued by the fall of man ; and afterwards more , by errour , euill custome , pertinacie , and other corrupters of the mind : and yet doth it yeeld vs so large light , that Saint Paule z did esteeme it sufficient to condemne the gentiles , who had no other law written . Out of these precepts are formed certaine customes , generally obserued in all parts of the world : which , because they were not from the beginning , but brought in afterward , some as a consequence or collection , others as a practise or execution of the first naturall precepts , are called the secondarie lawe of nature , and by many also the law of nations . Gaius , ' saith : that which naturall reason doth constitute among all men , is obserued by all alike , and termed the lawe of Nations : and the same is called by Iustinian a ; the lawe of nature . Cicero b likewise saith : the consent of al nations is to be esteemed the lawe of nature . But this is to be takē , not as though al natiōs haue at any time obserued one vsage alike : it is not necessary faith Baldus c , that the word al● should cary so large a sēce : neither hath it euer bin brought into knoledge what customes all nations haue held in vse . And it is most certain , that ther is not one point or precept of the law of nature , but , by reasō , partly of the weaknes , partly of the corruption , which the fal of Adam fasten in his posteritie , some people haue at all times , either neglected or els depraued : some being so dull as they could not perceiue , others so malicious as they would denie , that which nature did lay before them . Yea , such is either the weakenesse or wilfulnesse of our iudgement , that they who are not onely admitted but admired for wise men , doe many times disagree in determining what is most agreeable to nature : much lesse may we either expect or imagine , that al natiōs , so differēt , so distāt , neuer so much as now , and yet not now fully discouered , should iūpe in one iudgemēt for vniform obseruatiō of any custome : neither is that no natural right , as Zenophon d noteth , which many dayly doe transgresse . And therefore Donellus e did vniustly reiect the discription which Gaius gaue of the law of nations , by taking the word al in the amplest sence . S. Ambrose f and S. Hierome g did in this sort declare it ; that we are to take that for a decree of natiōs , which successiuely and at times hath beene obserued by all . But as for any one time , as it is to be iudged the decree or custome of a whole citty , which hath passed by consent of the most part , although al haue not allowed , and some perhaps haue opposed against it h ; so is it to be esteemed the lawe of nations , the common lawe of the whole world , which most nations in the world are found to imbrace . And because gouernment was not from the beginning , but induced as a consequēce of the primary precept of nature ; to maintaine humane societie : therefore whensoeuer wee speake of naturall gouernment , we are intended to meane the secondary lawe of nature , which is the receiued custōe , successiuely of al , & alwaies of most nations in the world . Out of this we may gather , that three rules doe chiefly lead vs to the knowledg of this law . The first is that which Cicero i in the like case giueth : to appeale vnto sēce : because there is no man but by the light of nature , hath some sence of that which nature doth allowe . S. Augustine k saith , I know not by what inward conscience we feele these things : and likewise Tertullian l : Nature hath tainted all euill eyther with feare or with shame . Wherto agreeth that which S. Ambrose saith : although they deny it , they cannot but shew some tokens of shame . Herupō the authors of the ciuill lawe n do reiect that for vniust , which is not demaunded without shew of shame . For , as Cassiodorus o writeth ; God hath giuē●l men such a sence of iustice , that they who know not the lawes , cannot but acknowledge the reason of truth . But because this light of nature , in many men is exceeding dimme ; the next rule is to obserue what hath bin allowed by those who are of greatest both wisedome and integrity , in whom nature doth shew her selfe most cleere . For as Aristotle saith ;? ; that is probable which prooued men do approue . Among these , the first place pertaineth vnto them , who by inspiration of god , haue compiled the books of holy scripture : to whom as attendants we may adioyne the anciēt counsailes & fathers of the church . The next place is to be giuē to the authors of the ciuill lawe ; whose iudgement hath bin these many hundred yeers , admired by many , approoued by all , and is at this daie accepted for lawe , almost in all states of the christiā common wealth . To these also we may adioyne , as attendants , their interpreters of most approued note . The third place is due to Philosophers , historiographers , orators and the like ; who haue not vnprofitably endeauoured to free nature of two cloudes , wherewith shee is often ouercast : grosse ignorance , and subtill errour . But because naturall reason , as Alciate p affirmeth , doth sometimes varie , according to the capacitie of particulare men ; euen as the sunne , beeing in it selfe alwaies the same , giueth neither heate nor light to all alike : the third rule followeth , to obserue the common vse of all nations , which Cicero q calleth ; the voice of nature : because as Aristotle r hath written , it is not done by chance which euery where is done . Plato s saith , this shall be the proofe hereof , that no man doth otherwise speake : and likewise Baldus t , I dare not disalow that which the world alloweth . And in this cōmon lawe or custome of the world , three circumstancies are to be considered : antiquitie , continuance , and generalitie . Now then your first position is so cleerelie true , that you doe but guild gould in labouring to prooue it : for man is not onely sociable by nature , but ( as Aristotle u affirmeth ) more sociable then any other liuing creature . These notorious pointes , the more we prooue , the more we obscure . Your second is also true , for as Tullie saith x Without empire , neither house , nor citty , nor nation , nor mankinde can stand , nor the nature of all things , nor in a word , the world it selfe . Whereto agreeth that of Aristotle y : gouernment is both necessary and also profitable . But whereas you bring in proofe hereof , that there was neuer people founde , either in auncient time , or of late discouerie , which had not some magistrate to gouerne them , neither is it necessarie , and yet false . It is not necessarie to haue so large a consent of nations , as I haue declared before : and it is false that in all times and nations there haue beene magistrates . After the deluge , magistrates were not knowne vntil kings did arise , as hereafter it shall appeare . The Iewes were often without either magistrates or gouernement : Whereupon in certaine places of the booke of Iudges z it is thus written : In those dayes there was no king in Israell , but what seemed right to euery man that did hee . Sometimes Democraticall gouernement doth drawe to a pure anarchie ; and so doth the interregnum of electiue principalities . Leo Aser reporteth , that in Guzala , a countrie of Africke , the people haue neither king nor forme of gouernement ; but vpon dayes of mart , they elect a captaine to secure their trafficke . The same authour deliuereth , that the inhabitantes of the mountaine Magnan , vpon the frontiers of Fez , haue noe forme of common wealth , but doe stay trauailers ( vnpartiall iudges ) to decide their controuersies . Leo himselfe was arrested to bee their iudge , and when hee had spent many dayes in determining their debates , hee was in the end presented with hennes , ducks , geese and other of their countrie commodities , which serued onelie to discharge his host . And if this your reason should bee of force then were not sociabilitie naturall , because many men haue made choise to liue alone . But how thē , wil you say , is nature immutable ? It is in abstracto , but it is not in subiecto . Or thus : In it selfe it is not chāged : in vs , by reasō of our imperfectiōs , it is . Or els more plainely , it is not changed , but it is trāsgrested . But nature , you say , is alike to al. Not so , good sir : because all are not apt alike to receiue her : euen as the sun beames doe not reflect alike vpon a cleane and cleare glasse , and vpon a glasse that is either filthy or course : And in many , not onely men , but nations , euill custome hath driuen nature out of place , and setteth vp it selfe in steade of nature z . Your third conclusion , that no particulare forme of gouernement is naturall , doth not finde so easie acceptaunce . Your onely proofe is , that if it were otherwise , there should be one forme of gouernement in all nations ; because god and nature is one to all . But this reason I haue encountred before : and yet you take paines to puffe it vp with many waste words ; howe the Romanes changed gouernment ; how in Italie there is , a pope , a king and many dukes ; how Millaine , Burgundie , Loraine , Bavier , Gascoint , and Britaine the lesse were changed from kingdomes to dukedomes ; howe Germanie was once vnder one king , and is now deuided among dukes , earles , and other supreme princes ; How Castile , Aragone , Portugall , Barcelona and other countries in Spaine , were first Earldomes , then Dukedomes , then seuerall Kingdomes , and now are vnited into one ; how B●eme and Polonia were once Dukedomes , and now are Kingdomes ; how Fraunce was first one kingdome , then deuided into fower , and lastly reduced into one . How England was first a Monarchie , vnder the Britaines , then a Prouince vnder the Romaines , after that diuided into seauen Kingdomes , and lastly reduced into one ; how the people of Israell were first vnder Patriarkes , Abraham , Isaac , and Iacob , then vnder Captains , then vnder Iudges , thē vnder high Priests , then vnder Kings , and then vnder Captaines and high Priests againe . I will not followe you in euery by way whereinto your errours doe leade ( for who would haue aduentured to affirme , that the childrē of Israell were vnder Abraham and Isaac ; and that the Britaine 's at the first were vnder one King , whereas Caesar reporteth that hee found fower kings in that country which is now called Kent ) but I will onely insist vpon the principall point ; in regard whereof , all this bundell of wordes is like a blowne bladder , full of winde , but of no weight . For first you doe but trifle vpon tearmes , in putting a difference betweene Kings , Dukes , and Earles , which holde their state with soueraigne power . Wee speake not of the names , but of the gouernement of Princes . Supreme rulers may differ in name ; they may change name also , either by long vse , or vpon occasion : and yet in gouernment neither differ nor change . Secondly , it is a more vaine ieast to put a difference ( in this regarde ) beweene a great territorie and a small . If a kingdome bee enlarged or streight●ed in limites , the gouernement is not thereby changed : if many kingdomes bee vnited into one ; if one bee diuided into many ; the nature of gouernment is no more altered , then is the tenure of lande , either when partition is made , or when many partes accrewe into one . The knot of doubt is , whether it bee not naturall , that one state , bee it great or small , should rather bee commaunded by one person , howsoeuer intitled , then by many . And if wee descende into true discourse , wee shall finde , that the verie sinewes of gouernment doe consist , in commaunding and in obeying . But obedience can not bee performed , where the commaundementes are , eyther repugnant or vncertaine : neither can these inconueniences bee any waies auoided , but by vnion of the authoritie which doth commaunde . This vnion is of two sortes ; first , when one commaundeth ; secondly , when many doe knit in one power and will. The first vnion is naturall ; the seconde is by meane of amitie , which is the onely bande of this collectiue bodie : and the moe they are who ioyne in gouernment , the lesse naturall is their vnion , and the more subiect to dissipation . For as Tacitus saith ', : aequalitie and amitie are scarce compatible . Naturall reason teacheth vs , that all multitude beginneth from one , and the auncient Philosophers haue helde , that from vnitie all thinges doe proceede , and are againe resolued into the same . Of which opinion Laertius a reporteth that Musaeus of Athens was authour , who liued long before Homer : but afterwardes it was renewed by Pythagoras , as Plutarch b Alexander c , and Laertius d doe write : who added thereunto , that vnitie is the originall of good , and dualitie of euill : And of this opinion Saint Hierome e was also , whose sentence is repeated in the canonicall decrees f but vnder the title and name of Saint Ambrose . Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to affliction and trouble . Hereupon Galen g also writeth , that the best in euerye kinde is one . Plato produceth all thinges from one h ; measureth all thinges by one i ; and reduceth all thinges into one k . The whole worlde is nothinge but a greate state ; a state is no other then a greate familie ; and a familie no other then a greate bodye . As one GOD ruleth the worlde , one maister the familie , as all the members of one bodye receiue both sence and motion from one heade , which is the seate and tower both of the vnderstanding and of the will : so it seemeth no lesse naturall , that one state should be gouerned by one commaunder . The first of these arguments was vsed by Soliman , Lord of the Turkes l . Who hauing strangled Sultane Mustapha his sonne , because at his returne out of Persit , he was receiued by the soldiers with great demonstrations of ioy ; hee caused the dead bodie to be cast forthe before the armie , and appointed one to crye ; There is but one God in Heauen , and one Sultane vpon earth . The second was vsed by Agesilaus , to one that moued the Spartans for a popular gouernment ; goe first ( saide hee ) and stablish a popular gouernment within your owne doores . To the third Tacitus m did allude , when hee saide : The body of one Empire seemeth best to be gouerned by the soule of one man. In the heauens there is but one Sunne ; which Serinus n also applyeth vnto gouernement , in affirming , that if wee set vp two sunnes , we are like to set all in combustion . Many sociable creatures haue for one company , one principall either gouernour or guide ; which al authors take for a natural demonstration of the gouernment of one . And if you require herein the testimonie of men , you shall not finde almost any that writeth vpon this subiect , but hee doth , if not alleage , yet allow that of Homer : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord , one King. Plutarch declareth both his owne iudgement concerning this point , and also the consent of others , in affirming o that all men did acknowledge , that the gouernment of a King is the most excellēt benefit that God hath giuen vnto men . Callimachus saith , p that Kings proceede from god : Homer affirmeth , q that they are cherished by god . Your selfe doe shew r out of Aristotle , Seneca , Plutarch , S. Hierome , S. Chrysost●me and S. Peter , that monarchie is the most excellent and perfect gouernement , most resembling the gouernement of god , and most agreeable vnto nature . But what doe you meane to acknowledge all this , and yet to denie that monarchie is naturall ? doe you take it to be aboue nature ? or how els is it most excellent and perfect ? how is it most agreeable to nature , and yet not naturall ? can any action be most agreeable to iustice , and yet not iust ? I know not by what strategeme , or cunning cranck of the schools , you can be made agreeable to your selfe . But now if we consider the generall custome of al people , we shall find that all the ancient nations in whom the laws of nature were least corrupt , had no other gouernment : as the Assyrians , Medes , Persians , Parthians , Indians , Scythians , Sirians , Phoeniciās , Arabiās , Aegyptians , Africans , Numidiās , Mauritaniās , Britās , Celtes , Gaules , Latines , Hetruscanes , Siciliās , Atheniās , Lacaedemoniās , Corinthiās , Achaeās , Sicyonians , Candiās , & in one word , all . Tullie saith s : it is certaine , that al anciēt nations were vnder kings : with which opinion Salust t consenteth ; & Iustine also , where he saith u ; the ēpire of natiōs at the first was in the hands of kings . And whē the people of Israel desired a king , they alleged that al other nations were gouerned by kings x . The Athenians were the first ( as Plinie affirmeth ) who set vp the gouernment of many , whose exāple certaine other towns of Greece did follow , rather blinded by ābitiō , thē led by iudgemēt . Amōg these , if the highest authority were in the least part of the citisens , it was called aristocracy ; if in the most or in all , it was termed democracy ; wherin you confesse x that neither they did nor could any long time continue ; but after many tumults , seditions , mutinies , outrages , iniusticies , banding of factions , and inundations of bloud , they were in the end either dissolued or vanquished , and reduced againe vnder gouernement of one . The state of Rome began vnder kings ; it atteined the highest pitch both of glory and greatnes vnder emperors : in the middle time , wherin it neuer inioyed x. yeeres together free frō sedition , Polybius saith that is was mixed ; the consulls represēting a monarchie , the senate , an aristocracie , & the cōmon people a democracy : which opinion was likewise embraced by Dionysius Halicarnasseus , Cicero , Cantarine and others . But many do hold that the state of Rome at that time was populare : which seemeth to be confirmed by the famous lawier & coūsailer Vlpian , where he saith y that the people did grāt al their power & authority to the prince . Whatsoeuer it was in shew , in very deede it was alwayes gouerned by some one principall man. Liuie wrighteth of Scipio z , that vnder his shadow the city was protected , & that his looks were in stead of lawes : & likewise of Papirius cursor ,' ; that he sustained the Romane affaires . So said Thucidides , that Athens was in appearance populare , but Aristides was the true monarch thereof : & Plutarch a also affirmeth , that Pelopidas and Epaminondas were no lesse then lords of the populare state of Thebes : but after the death of these mē , both the states of Athens and Thebes floated in tumults , as the same authour obserueth b , like a ship in a tempest without a pilot . So did Peter Sodarine Gonsalonier of Florence giue forth , that the title of popularity was vsed as a maske , to shadow the tyrāny of Laurence Medices : but Florence did neuer so florish both in honor , wealth , and quiet , as vnder that tyranny . Also in actions of weight , in great dangers and necessities the Romans had recourse to one absolute and supreme commāder , which Liuie calleth c the highest refuge ; whose authority as the Romans did most reuerētly respect , so was it many times fearefull to their enemies . Of the first , Liuie saith d ; the Dictators edict was alwayes obserued as an oracle : of the second e , so soone as a dictator was created , such a terror came vpon the enemies , that they departed presently from the walles . Likewise in cases of extremity the Lacedaemonians had their high gouernour whom they called Harmostes ; the Thessalonians had their Archos ; and the Mytilenians also their great Aezymnetes . Lastly , Tacitus reporteth f that certaine wise men discoursing of the life of Augustus after his death , affirmed rightly , that ther was no other meane to appease the discordes of the state , but by reducing it vnder the gouernement of one . Let vs now take a view of our present age . In al Asia , from whence Tullie saith , g ciuility did first spread into other parts of the world , no gouernment is in vse but by a monarch , as appeareth by the Tartarians , Turks , Persians , Indians , Chinans & Cataians : no other gouernmēt is found to be foūded in al the cuntries of Affrick : in America also and all the west parts of the world , no other is yet discouered : in Europe only , vpō eyther declining or chāg of the empire , a few towns in Germany & Italy did reuiue againe the gouernment of many : som are alredy returned to a monarchy , and the residue in their time will do the like , euen as all others haue done which haue bene before them . What then shal we say of this so ancient , so continuall , so generall consent of all nations ? what can we say , but cōclude with Tertullian . these testimonies , the more true , the more simple ; the more simple , the more common ; the more common , the more natu●all ; the more naturall , the more deuine . But because ambition is a most firy affection , and carieth men blindfold into headlong hopes , wherby many do aspire to beare rule , neither they good , nor with any good either means or end ; the custome or lawe of nations hath by two reines endeauored to keep in this raging desire : by succession & by election . And yet againe , because election is most often , if not alwaies , entangled with many inconueniences ; as first , for that the outragies during the vacancy , are many & great ; euery one that is either grieued or in wāt , assuming free power both for reuēge & spoile . Secondly , for that the bouldest winneth the garlād more often then the best ; because the fauour of the people doth alwayes tast more of affection then of iudgement . Thirdly , for that they who do not leaue their state to their posterity , wil dissipate the domain and worke out of it either profit or friends ; for so we see that the empire of Germanie is pluckt bare of her fairest feathers . Fourthly , for that occasions of war are hereby ministred ; & that , either whē one taketh his repulse for indignity ; vpō which ground Frauncis the first , king of Fraūce , could neuer be driuē out of practise against Charles the 5. emperor ; or els whē by means of factiōs many are elected , as it happened in Almaine when Lewes of Bauier , and Albert of Austria were elected Emperors , wherupon eight yeers warre betweene them did ensue ; and as it often happened in the Empire of Rome , when one Emperour was chosen by the Senate , and another by the Soldiers , and sometimes by euery legion one ; whereby such fiers were kindled , as could not bee quenched without much bloude . For these warres are most cruelly executed ; because the quarrell leaueth no middle state inter summum & praecipitium ; betweene the highest honour and the deadliest downefall . For these and diuers other respectes , it hath bin obserued , at most times in all nations , and at all times in most , that the roialtie hath passed by succession , according to propinquitie of bloud . We read that Ptolomie , who after the death of Alexander the great seazed vpon Aegypt , and part also of Arabia and of Africk , left that state to his youngest sonne : but Trogus saide , and out of him Iustine i , that it was against the lawe of Nations , and that vpon this occasion one of them did worke the death of the other . And therefore when afterward Ptolomie surnamed Physcon , at the importunitie of his wife Cleopatra , would haue preferred his youngest son to the succession of his kingdom , Iustine saith k , that the people opposed themselues against it ; but Pausanias l more probably affirmeth , that they reuersed his order after his death . The same course was held in Italy by the Hetruscanes , Latines , and those Albanes from whome the Romanes tooke their originall . Liuie m writeth that Procas king of the Albanes appointed Numitor to succeede in his estate , but Amulius his yonger brother did vsurpe it by force : hereupon Dionysius Halicarnasseus n saith ; that Amulius held the kingdome against right , because it appertained to his elder brother . Among the Graecians , during the space of six hundred yeares , wherein they were gouerned by kings , we finde but Timondas and Pittacus who were elected , the one of Corinth , the other of Negropont ; the residue held their states by order of successiō , as Thucidides affirmeth , encoūtring therein the opinion of Aristotle . Liuy writeth o , that Perseus king of Macedon said , that by the order of Nature , the law of Nations , and the ancient custome of Macedony , the eldest sonne was to succeede in the kingdome . Diodorus Siculus p , and Iustine q doe report , that by this custom Alexander succeeded his father Amyntas , before his yonger brother Phillippe . Herodotus declareth that the same order was obserued amōg the Troianes ; affirming , that after the death of Priamus , the kingdom was not to deuolue vnto Alexāder , because Hector was before him in years . The same also doth appeare by that which Virgil writeth : Praeterea Sceptrum Ilione , quod gesserat olim , Maxima natarum Priami . The Scepter vvhich Ilione , vvhen she the state did stay , The first daughter of Priamus , vvith royall hand did svvay . Out of which place Seruius Maurus doth collect , that women also did vse to gouerne . But more plainely this custome of the Troianes doth appeare , by that which Messala Coruinus t writeth , that Troius had two sonnes , Ilus and Assaracus ; and that Ilus by priuiledge of his age succeeded in the kingdome . The Persians also , who for a long time held the reines of all the nations neere vnto them , had the same order of succession , as Zenophon u witnesseth ; which is also confirmed by two famous histories ; one between Artaxerxes & Cyrus , wherof Plutarch x maketh mention , the other between Artabazanes & Xerxes , reported by Herodotus y & Iustine z ; wherin Artabazanes alleaged , that it was a custome among all men , that the eldest son should first succeed . Agathocles , & out of him Athenaeus do write , that the Persians had a golden water ( for so they terme it ) whereof it was capital for any man to drinke , but only the king and his eldest son . Whither this water were drawen out of the riuer Euleus , which inuironeth the tower Susis , & the Temple of Diana , wherof Pliny a writeth , that only the kings of Persia did drink ; or whether out of Choaspis , whose waters Herodotus doth report to haue bin boiled , & caried after the king in siluer vessels ; or whether both these were one riuer , I will neither determine nor discourse . In Siria , which is called Assiria ( as Herodotus , writeth ) & also Phoenicia , Palestina , & Mesopotamia , as appeareth by Pliny b Eusebius c & diuers other , the same custome is proued by that which Iustine d , & L. Florus doe write , that Demetrius , hauing bin deliuered by his brother Antiochus , king of Siria , for an hostage to the Romanes , & hearing of the death of Antiochus , declared to the senat in open assēbly , that as by the law of nations he had giuen place to his elder brother , so by the same law , the right of succession was then cast vpon him . The Parthians , who being thrice attempted by the Romans , in the time of their chiefest both discipline and strength , were able to beare themselues victorious , did alwaies acknowledge for their king , the next of the bloud of their first king Arsaces e . Among the Germaines also , who were of force to defeate fiue consulare armies of the Romanes , Tacitus f affirmeth that the eldest sonne did intirely succeede , onely the horses did fall to the most valiant . And that this was likewise the custome of the Iewes , it is euidēt by the whole history of their kings , especially where it is said g , that Ioram succeeded Iosaphat ; & the reason added , because he was the eldest . I should but burne day ( as the saying is ) in running further vpon particulars . Herodotus h doth aduow it to be a general custome among al men , that the first in birth is next in succession . Certaine ages after him S. Hierome i said , that a kingdom is due vnto the eldest . In late ages our selues may see , that the Tartars Turks , Persians , & all the Asiaticks haue no other form of cōstituting their kings . No other is folowed in all the countries of Africk . In the west Indies no other is yet discouered ; Insomuch as when Frances Pizaire , in the conquest of Peru , had slain Atibalippa the king therof , the people brake into shew , some of ioy , all of contentmēt ; because he had made his way to the kingdom , by murthering of his elder brother . In Europe it is not long since all the Monarchies were successiue . When the Empire of Almaine was made electiue , it became in short time so either troblesom or base , that diuers Princes refused to accept it : of late it hath bin setled in one family , but hath as yet litle increased either in dignity or in power . The people of Denmarke , Sweden , Hungary , and B●eme , doe chalenge to themselues a right of election , but they accept their king by propinquitie of bloud . So they did in Polonia , vntill the line of Iagello was worne out , and then they elected for king , Henry duke of Aniou in France : since which time , they haue alwaies in the change of their kings , exposed their state to faire danger of ruine . Vpon this both generall and continuall custome Baldus k saith , that kingdomes are successiue by the law of nations ; affirming further , l that alwayes it hath beene , & alwayes it shall bee , that the first borne succeedeth in a kingdome : wherein he is either followed or accompanied with open crie of al the choise interpreters of both lawes ; as namely the Glossographer , Iohan. Andreas , Hostiensis , Collect. Pet. Anchoranus , Antonius , Imola , Card. Florentinus , Abb. Panormitanus m , Oldradus n , Albericus o , Angelus p , Felinus q , Paul. Castrensis r , Alexander s , Barbatius t , Franc. Curtius u , Guido Pape x , Card. Alexander y , Philip . Francus z , Iason a , Philippus Decius , Carol . Ruinis c , Anto. Corsetta d , Ripa e , Calderine f , Alciate g , and manie other of somewhat more ordinarie name . Who all with full voice do agree , that in kingdomes and other dignities , which cannot bee either valued or diuided but they are dismembred , the eldest son doth entirely succeed . And this manie of them do call the law of all Nations , deriued from the order of nature , and from the institution of God ; and confirmed by the Canon , ciuil and other positiue lawes . For the succession of children , is one of the primarie precepts of nature h : whereby his mortalitie is in some sort repaired , & his continuance perpetuated by his posteritie . But among al the children , nature seemeth to preferre the first borne , by imprinting in the mind of parents the greatest loue and inclination towards them , as diuers of the authors before alleaged do affirm ; & as it may appeare by that of the prophet Zacharie i , And they shall lamēt ouer him as men vse to lament in the death of their first borne : and likewise by that which is said of Dauid , that he would not grieue his sonne Ammon , for that he loued him , because he was his first borne . Hereupon Lyra l , and before him Saint Augustin and Saint Chrysostome n do affirme that the last plague of the Egyptians , which was the death of their first borne , was the most sharpe and heauie vnto them . For nothing ( saith Saint Augustin o ) is more deare then the first borne . Aristotle , Plinie p , Aeltane q , and Tzetzes do write , that the same affection is also found in certaine beasts . s And to this purpose is that which Herodotus r reporteth , t , that when the Lacedaemanians had receiued an oracle , that they should take for kings the two sonnes of Aristodemus and Aegina , but giue most honor vnto the eldest , and they were ignorant which was eldest , because the mother and the Nurse refused to declare it ; they obserued which of the children the mother did wash and feed first , and thereby found out that Eristhenes was the eldest . Lucian u citeth the loue of the first borne , as growne into a prouerbe . Gregorie Nazianzene saith x , that all men haue a sense thereof . Saint Ambrose y writeth , that in this respect God called the people of Israel his first borne z , for that they were , not most ancient , but best beloued . Lastly S. Chrysostome affirmeth that the first borne were to be esteemed more honorable then the rest . And this naturall precedence both in honour and in fauour , seemeth to be expressely ratified by God ; first where he said vnto Cain , of his brother Abel b , His desires shall be subiect vnto thee , and thou shalt haue dominion ouer him : according to which institution , whē Iacob had bought his brothers right of birth , Isaak blessed him in these words c Bee Lord ouer thy brethren , and let the sonnes of thy mother bow before thee : Secondly , where he forbiddeth the father to disinherit the first sonne of his double portion ; because by right of birth it is his due d : Thirdly , where he maketh choise of the first borne to be sanctified to himselfe . And whereas God hath often preferred the youngest , as Abel , Isaac , Iacob , Iuda , Phares , Ephraim , Moses , Dauid , Salomon , and others ; it was no other then that which Christ f said , that manie that were last should be first : and that which Saint Paul hath deliuered g , that God hath chosen the weak , and base , and contemptible things of this world , least any flesh should glorie in his sight . So hath Herodotus written h how Artabanus the Persian , in complaining maner did confesse , that God delighted to depresse those things that were high . But if the first borne die before succession fall ; or if being possessed of the kingdom , he die without issue ; his right of birth deuolueth vnto the next in bloud : and if he dieth in like maner , then vnto the third , and so likewise to the rest in order . This is affirmed by Albericus i ; and may be confirmed by that which Baldus saith k , that succession hath reference to the time of death , and respecteth the prioritie which is then extant l . And againe m , He is not said the first borne in lawe , who dyeth before the fee openeth , but he who at that time is eldest in life . And this opinion is embraced by Alciate ; because as Celsus saith o ; Primus is dicitur ante quē nemo sit , He is first who hath none before him . Iaco. A retinus , Cinus , Albericus and Baldus doe forme this case p : There is a custome , that the first borne of the first mariage shoulde succeede in a baronnie ; a certaine baron had three wiues ; by the first he had no children , by the other two manie ; the first sonne of the second mariage shall succeede : because ( as the glossographer there saith ) the second mariage in regarde of the thirde is accompted first . Baldus p dooth extende it further ; that if hee hath a sonne by the first mariage ; and hee refuse the baronie , the first sonne by the second mariage shall succeede in his right : and so hee saith it was determined in the kingdome of Apulia , when Lewes the kings eldest sonne was professed a friar . And this decision is allowed by Alexander q , Oldradus r , and Antonius Corsetta s : and is prooued by plaine text of the canon law , both where the second borne is called first borne , whē the first borne hath giuen place t ; and also where he is called the onlie sonne u , whose brother is dead y . But because it is a notorius custome that the neerest in bloud doth succeede , although perhaps remoued in degree , I wil labour no more to loade it with proofe : for who wil proclaime that the sunne doth shine ? But if we should now graunt vnto you ( which is a greater curtesie , then with modesty you can require ) that no particular forme of gouernement is naturall : what will you conclude thereof ? what inference can you hereupon enforce ? That there is no doubt but the people haue power to choose and to chaunge the fashion of gouernment , and to limitte the same vvith vvhat conditions they please . What Sir ? can you finde no thirde ? but that either one forme of gouernment is naturall , or that the people must alwaies retaine such libertie of power ? haue they no power to relinquish their power ? is there no possibilitie that they may loose it ? whether are you so ignorant to thinke as you speake , or so deceitfull to speake otherwise then you thinke . There is no authoritie which the people hath in matters of state , but it may bee either bound or streightned by three meanes . The first is by cession or graunt : for so the Romans by the law of royaltie y yeelded all their authoritie in gouernment to the Prince . Of this lawe Vlpian z maketh mention ; and Bodin a reporteth that it is yet extant in Rome grauen in stone . So the people of Cyrene ; of Pergame and of Bithynia , did submit themselues to the Empire of the Romanes . So the Tartarians commit absolute power both ouer their liues and their liuings to euerie one of their Emperours : & so haue our people manie times cōmitted to their king the authoritie of the parliament either generallie , or els for some particular case . For it is held as a rule , that any man may relinquish the authoritie which he hath to his owne benefit & fauour b . Neither is he againe at pleasure to be admitted to that , which once hee did thinke fit to renounce c . And as a priuate man may altogether abādon his free estate , and subiect himselfe to seruile condition d , so may a multitude passe away both their authoritie and their libertie by publike consent . The second is by prescription and custome , which is of strength in all parts of the world , least matters should alwaies float in vncertaintie , and controuersies remaine immortall e . And that this authoritie of the people may be excluded by prescription , it is euident by this one reason , which may be as one in a third place of Arithmeticke , in standing for a hundred . Euerie thing may be prescribed , wherein prescription is not prohibited f : but there is no lawe which prohibiteth prescription in this case ; and therefore it followeth that it is permitted . And generallie , custome doth not only interpret law g , but correcteth it , and supplieth where there is no lawe h : in somuch as the common lawe of England , as well in publick as priuate controuersies , is no other ( a fewe maximes excepted ) but the common custome of the Realme . Baldus saith i , that custome doth lead succession in principalities , which Martinus k aduiseth to fixe in memorie , because of the often change of Princes : and the particular custome of euerie nation is at this day , the most vsuall and assured law betweene the Prince and the people . And this doe th● Emperours Honorius and Arcadius l , in these wordes cōmand punctuallie to be obserued : Mos namque retinendus est fidelissimae vetustatis : the custome of faithful antiquitie must be retained : which place is to this sense ballanced by Pau. Gastrensis , Frane . Aretinus , and Phil. Corneus ; who termeth it a morall text . The like whereto is found also in the Canon lawe , k : and noted by the Glossographer l , Archidiaeonus m , Romanus n , and Cepola . Neither were the Fathers of the Nicene councel of other opinion , who thus decreed : Let auncient customes stand in strength p : Whereto also agreeth that old verse of Ennius , o Moribus antiquis res stat Romana virisque : Customes and men of oldest sort ; The Romane state do best support : which is cited by Saint Austin q ; and esteemed by Cicero r both for breuitie and truth , as an oracle . To the same sense Periander of Corinth said s , that old lawes and new meates were fittest for vse : which saying Phauorinus in Gellius did in this manner a little vary : Liue after the passed manner , speake after the present t . Hereto also pertaineth that edict of the censors mentioned by Suetonius , & Aul. Gellius x : Those things which are beside the custome and fashion of our Elders , are neither pleasing , nor to be adiudged right y . Of this point I shall haue occasion more particularlie hereafter to write . The third meanes whereby the people may loose their authoritie , is by way of conquest . For howsoeuer Saint Augustine z , and after him Alciate a , doe disallowe ambition of enlarging Empire ; and tearme warres vpon this cause great theeueries b : Whereupon Lucane , and his vncle Seneca d , called Alexander the Great , a great robber of the world e , Yet there is no doubte but the sentence of victorie , especiallie if the war was vndertakē vpon good cause ( as the conqueror being made his own arbitrator wil hardlie acknowledge the contrarie ) is a iust title of acquisition f ; reducing the vanquished , their priuileges , liberties and whole estate , vnder the discretion of him that is victorious . Caesar sayth ; He geueth all that denieth right g : which sentence is approoued by Couaruuias h ; affirming , that the victor maketh all which his sword tou●heth to be his owne . So sayth Baldus i , that he doth his pleasure vpon the vanquished : and againe Caesar in the speech of Ariouistus ; it is the law of armes , that the victorious should commād those whom they haue subdued , euen as they please . Clemens Alexandrinus saith , the goods of enemies are taken away by right of warre . Isocrates hath written , that the Lacedaemonians did by title of victorie in this sort maintaine their right . We hold this land giuen by the posteritie of Hercules , confirmed by the Oracle of Delphos , the inhabitantes thereof being ouercome by warre . Which was not much vnlike that which Iephte captaine of Israell expostulated with the Ammonites . Are not those things thine which Chamos thy God hath possessed ? but whatsoeuer the Lord our God hath conquered , pertaineth vnto vs. Yea , God doth expressely giue to the people of Israel , the cities which they should subdue ; some into ful possession , others into seruitude & subiection : by which title Iacob also had giuen to Ioseph his partage among his brethrē , euen the land which he had taken frō the Amorites with his sword and with his bow . It was vsuall to the Romans , and as Appian saith q , iust , to retaine principall or direct dominion , in al thinges which they brought vnder the sway of their sworde . Brissonius r hath collected certaine examples of the forme of yeelding vnto the Romans , whereby al prophane & sacred , al humane and diuine matters were submitted vnto them . Seeing therefore that the people may so many wayes loose both their power and their right in affaires of state , is not your ignorance aduenturous so generallie to affirme , that if no one forme of gouerment bee naturall , there is no doubt but the people haue power both to alter and limit the same , as they please ? Can no lawe , no custome , no conquest restraine them ? Your pen doth range , and your iudgement rage beyond al compasse and course of reason . You should haue said , that there is no doubt , but if by al or any of these meanes , the right both of succession and gouernment be setled in one familie , according to propinquitie and prioritie of bloud , the people may neither take away nor varie the same : and if they doe , they commit iniustice , they violate the law of nations , whereby they expose themselues , not onlie to the infamie and hate of al men , but to the reuenge of those who wil attempt vppon them . For it is not onlie lawfull but honourable , for any people , either to right or reuenge the breach of this lawe ; against them which contemne it , as monsters ; against them who knowe it not , as beasts . Saint Augustine saith s ; If a Citie vppon earth should decree some great mischiefes to be done , by the decree of mankind it is to be destroied . And as in the state of one countrey any man may accuse vpon a publicke crime , so in the state of the world , any people may prosecute a common offence : for as there is a ciuill band among all the people of one nation ; so is there a natural knot among al men in the world . You close your conclusion with this conceit , that the word naturall Prince , or naturall successor , is to be vnderstood of one , who is borne within the same Realme , and that it is ridiculous to take it , as though anie prince had natural interest to succeed . But what construction wil you then make of that which Herodian deliuereth s , in the speech of Commodus the sonne of Marcus ? Now hath fortune giuen me vnto you for prince in his stead , not drawen into the state , such as they were , who were before me ; nor as one that glorieth in the purchase of the Empire ▪ for I onlie am borne vnto you and brought vp in the court , neuer swathed in priuate cloathes , but so soone as I was borne the imperiall purpure did receiue me , and the sun beheld me at once , both a man and a prince . Consider these things , t and honour your prince by right , who is not giuen , but borne vnto you . Girard goeth further in writing of Charles the Simple , that he was king before he was born . Say therefore againe , that it is ridiculous to take the word natural prince , for one that hath right of succession inherent in him by birth ; and I wil say that this mirth wil better beseeine a natural indeede , then any man that is wise . But let vs now consider the further passage of your discourse ; both how you are able to fortifie this foundation , and what building it is able to beare . TO THE SECOND CHAPTER , which is intituled , Of the particular forme of Monarchies and kingdomes , and the different lawes whereby they are to bee obtained , holden and gouerned in diuers countries , according as each common wealth hath chosen and established . IN this chapter you spend much speech in praising a monarchie , and preferring it before the gouernment of manie ; which you doe to no other end , but to insinuate your selfe either into credit , or aduantage to drawe it downe ▪ euen as Ioab presented Amasa with a kind kisse , to winne thereby opportunitie to stab him a . For in the end b you fetch about , that because a Prince is subiect , as other men , not onely to errours in iudgement , but also to passionate affections , in his will ; it was necessarie , that as the common wealth hath giuen that great power vnto him , so it should assigne him helpes for managing the same . And that a Prince receiueth his authoritie from the people , you proue a little before c , for that Saint Peter tearmeth kings Humane creatures , which you interpret to bee , a thing created by man ; because by mans free choise , both this forme of gouernment is erected , and the same also laide vpon some particular person . I know not in what sort to deale with you , concerning this interpretation . Shall I labour to impugne it by arguments ? Why , there is no man that wanteth not either iudgement or sinceritie , but vpon both the naturall and vsuall sense of the words , hee will presently acknowledge it to bee false . Shall I go about either to laugh , or to raile you from your errour , as Cicero in the like case perswaded to doe ? But this would bee agreeable neither to the stayednesse of our yeeres , nor the grauitie of our professions . I am now aduised what to doe ; I will appeale , as Machetes did before Philip of Macedon , from your selfe asleepe , to your selfe awake ; from your selfe distempered by affection , to your selfe returned to sobrietie of sense . Do you thinke then in true earnest , that a humane creature is a thing created by man , or rather that euery man is a humane creature ? Is a brutish creature to be taken for a thing created by a beast ? Spirituall , Angelicall , or anie other adiunct vnto creature , what reference hath it to the Authour of creation ? And if it were so , then should al creatures be called diuine , because they were created by God , to whom onely it is proper to create ; and in this verie point , Saint Paul saith , that all authoritie is the ordinance and institution of God. Neither needeth it to trouble vs that Saint Peter should so generally inioine vs to be obedient to all men , no more then it troubled the Apostles , when Christ commanded them to preach to all creatures d ; according to which commission , Saint Paul did testifie , that the Gospell had beene preached to euerie creature vnder heauen : but Saint Peter doth specifie his generall speech , and restraine his meaning to kings and gouernours ; in which sense Saint Ambrose citeth this place , as it followeth : Bee subiect to your Lords , vvhether it bee to the king , as to the most excellent , &c. This interpretatiō not only not relieuing you , but discouering very plainly either the weaknesse or corruption of your iudgement , it resteth vpon your bare word , that kings haue receiued their first authoritie from the people ; which although I could denie , with as great both countenance & facilitie , as you affirme , yet will I further charge vpon you with strength of proofe . Presently after the inundation of the world , we find no mention of politike gouernement , but onely of oeconomical , according as men were sorted in families : for so Moses hath written g , that of the progenie of Iapheth , the Iles of the Gentiles were deuided after their families . The first , who established gouernment ouer manie families , was Nimrod the sonne of Cush , accounted by Saint Chrysostome h the first King : which authoritie hee did not obtaine by fauour and election of anie people , but by plaine purchase of his power . Heereupon Moses calleth him a mightie Hunter i , which is a forme of speech among the Hebrues , whereby they signifie a spoiler or oppresser . And this doth also appeare by the etymologie of his name ; for Nimrod signifieth a rebell , a transgressour , and as some interpret it , a terrible Lord : and names were not imposed in auncient times by chance or at aduenture , as Plato k , one of natures chiefe secretaries , and among the Latin writers Aul. Gellius l doe affirme . Many hold opiniō , that this Nimrod was the same , whom the Grecians cal Ninus : which seemeth to be confirmed by that which Moses saith m , that hee did build the Citie of Niniue . Of this Ninus , Iustine writeth n that he was the first who held that which hee did subdue ; others , satisfied with victorie , aspired not to beare rule . Nimrod foūded the empire of the Assyrians , which continued by succession in his posterity , vntil it was violently drawn frō Sardanapalus to the Medes . From them also Cyrus by subuersion of Astyages did transport it to the Persians ; and from them againe the Grecians did wrest it by conquest . After the death of Alexander , his captaines without any consent of the people , made partition of the empire among them ; whose successors were afterwards subdued by the armies and armes of Rome . And this empire , beeing the greatest that euer the earth did beare , was in the end also violentlie distracted , by diuers seueral either conquests or reuolts . Leo After writeth , that it is not a hundred yeares , since the people of Gaoga in Africk had neither king nor Lord , vntill one hauing obserued the greatnesse and maiestie of the king of Tombute , did enterprise to attaine soueraigntie aboue them ; which by violence he effected , and left the same to his posteritie . And because I will not bee tedious in running through particulars , giue you an instance of anie one people , which hath not diuers times receiued , both Prince and gouernment by absolute constraint , Et Phillidasolus habeto ; and I will yeeld to all that you affirme . But failing herein , you shall bee enforced to confesse , that in manie , yea in most , if not in all countries , the people haue receiued libertie , either from the graunt or permission of the victorious Prince , and not the prince authoritie from the vanquished people . What helpes nowe doe you imagine , that the people haue assigned to their Prince ? The first , you affirme to be the direction of lawes . But it is euident , that in the first heroicall ages , the people were not gouerned by anie positiue lawe , but their kings did both iudge and commaund , by their word , by their will , by their absolute power ; and , as Pomponius saith * , Omnia manu a reg●bus gubernabantur : Kings gouerned all things : without either restraint or direction , but onely of the lawe of nature . The first lawe was promulged by Moses ; but this was so long before the lawes of other nations , that Iosephus writeth * , It was more ancient then their gods : affirming also , that the word Law is not found in Homer , or in Orpheus , or in anie Writer of like antiquitie . Of this law of nature Homer maketh mention in these words : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : And they who keepe the lawes which God hath prescribed . And againe , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vnciuill and vniust is he , and wanting priuate state , Who holdeth not all ciuill war in horror and in hate . And of the iustice of kings he writeth in this maner . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In which verses Chrysostome affirmeth q by the iudgment of Alexander , that Homer hath delineated the perfect image of a King : but that hee maketh mention of anie positiue lawes , I doe rather doubt then assuredlie denie . For Kings in auncient times did giue iudgment in person , not out of any formalitie in lawe , but onlie according to naturall equitie . Virgil saith r : Hoc Priami gestamen erat cumiura vocatis More daret populis . This was the robe which Priamus did alwaies vse to weare , When he the people to him called , their causes for to heare . Which he doth also affirme of Aeneas s , Dido t and of Alcestes u . The like doth Herodotus report * of Midas king of Phrygia , who consecrated his tribunall to Apollo : and the like also dooth Plutarch x of diuers kings of Macedonia : Philarchus affirmeth in Athenaeus , that the kings of Persia had palme trees and vines of goulde , vnder which they did sit to heare causes . But because it grew both troublesome & tedious , for al the people to receiue their right from one man y ; lawes were inuented , as Cicero saith , and officers also appointed to execute the same . Another original of lawes was thus occasioned : When anie people were subdued by armes , lawes were laid like logs vpon their necks , to keepe them in more sure subiection : which both because it is not doubtful , and to auoid prolixitie , I will manifest onlie by our owne example . When the Romans had reduced the best part of this Iland into the forme of a prouince ; as they permitted libertie of lawe to no other countrie vnder their obedience , so here also they planted the practise of their lawes : and for this purpose they sent ouer manie professors , and among others Papinian , the most famous both for knowledge and integritie , of all the authors of the ciuill lawe . Againe , when the Saxons had forced this Realme , and parted it into seauen kingdomes , they erected so manie settes of law ; of which onelie two were of continuance , the Mercian lawe ; and the West Saxon law . After these the Danes became victorious ; and by these newe Lordes new lawes were also imposed , which bare the name of Dane-lawe . Out of these three lawes , partlie moderated , partlie supplied , King Edward the confessor composed that bodie of lawe , which afterwardes was called Saint Edwards lawes . Lastly , the Normans brought the land vnder their power ; by whom Saint Edwards lawes were abrogated , and not onlie new lawes , but newe language brought into vse ; in somuch as all pleas were formed in French ; and in the same tongue children were taught the principles of Grammar . These causes wee find of the beginning of lawes ; but that they were assigned by the people for assistance and direction to their kinges , you bring neither argument , nor authoritie for proofe ; it is a part of the drosse of your owne deuise . The second helpe , which you affirme that common wealthes haue assigned to their kings , is by parliaments and priuie councelles . But Parliaments in al places haue bin erected by kings ; as the parliament of Paris and of Montpellier in Fraunce , by Philip the Faire ; the parliament in England by Henrie the first ; who in the sixteenth yeare of his raigne a , called a councell of all the states of his realme at Salisburie , which our Historiographers do take for the first Parliament in England ; affirming that the kings , before that time , did neuer call the common people to counsell . After this the priuie councell at the instance of the Archbishop of Canterburie , was also established ; and since that time , the counsellors of state haue alwaies bin placed by election of the Prince . And that it was so likewise in auncient times , it appeareth by tha● which Homer writeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men : And likewise by Virgill . — gaudet regno Troianus Acestes . Indicitque foru , et patribus dat iura vocatis : Acestes of the Troiane bloud in kingdome doth delight , He sets a Court , and councell cals , & giues ech man his right . I will passe ouer your course , foggio , drowsie conceite , that there are few or none simple monarchies in the world , ( for it would tire : any ●to toyle after your impertinent errours ) and wil now rip vp your packet of examples , whereby you indeuour to shew , that the power of kings hath bin brideled by their subiects . But what do you infer hereby ? What can you inforce ? will you rake ouer al histories for examples of rebellion , and then argue , a facto ad ius ; that euerie thing is lawful which you finde to haue bin done ? Iustinian sayth : Non exemplis , sed legibus iudicandum * : We must iudge facts by lawe , and not lawe by facts , or by examples : which Alciate and Deciane do terme a golden lawe ; because there is no action either so impious or absurd , which may not bee paralleled by examples . Will you prooue it lawful to vse fleshlie familiaritie with the sister , with the mother in law , with the natural mother ? You haue the example of Cambyses for the first , Caracalla for the second , Dionysius and Nero for the third . The Iewes vppon whom God had setled his choise , did at times ( beside many other enormities ) erect male stewes . Of the two nations , whose examples you vse , the Romans and the Lacedaemonians , the first did the like vnder diuers emperours , as Lampridius writeth ; and in more auncient times allowed also parricide of children d : the other would sort themselues by fifteene and twentie families together , and hold both wiues and goods in common . I omit the vnnatural customes of diuers other nations ; and will now declare , how in straining a fewe examples to countenance your conceit , you are constrained to beare your selfe no lesse cunning in concealing truthes , then bold in auouching things which are , not only vncertaine , but plainely false . It is true which you write , that the kings of Sparta , by the institution of Lycurgus , were obedient to the officers called Ephori ; but these were titular kings , hauing no other power but a single voice among the Senators : and because all affaires were caried by consent of the people , the estate was then esteemed popular . Afterwards Theopompus , by pretence of an Oracle , drew this authoritie from the people , to a Senate of thirtie ; whereby the gouernment did change into an Aristocracie ; & yet the naked name of kings was retained . By this shuffling of rule the Lacedaemonians were continually tossed with tempests of sedition , ceasing not to wade in their owne bloud ( as before you haue acknowledged ) vntill in the end they were brought into subiection ; first , by the Macedonians ; afterward by the Achaeans ; and lastly by the Romans . I will not say now what reason haue we ? but what a shame is it for vs , to open our cares to these Vtopicall state-writers ? who being mellowed in idlenesse , & hauing neither knowledge nor interest in matters of gouernment , make new models vpon disproportioned ioints , borrowed from nations most different in rule . You affirme by the testimonie of Liuie , that for offence taken against Romulus , because hee raigned at pleasure , and not by law , the Senators did cut him in peeces : in which short assertion many base vntruths are included , beneath the degree of anie vile word . Liuie writeth that he sorted the people into order , and gouerned them by lawes e , and that hee was also both aduised and valiant in the field ; euen such a one as Homer describeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Both a good king , and couragious commander . Concerning his end , Liuie writeth , that in taking muster of his armie , a thicke tempest did arise , after which he was neuer seene ; wherein he is seconded by Solinus , Eutropius and the rest : only Liuie addeth , that there was a rumor , but verie obscure , without any certaine either authour or ground ; I will adde also without probabilitie , that he was torne in peeces . For howe probable is it , that such a fact , in the open view of his armie , could bee verie obscure ? how probable is it also , that the people would first teare him in peeces for his iniustice , and then worship him for a God ? Further , with what either confidence or conceit doe you alleage this report of Liuie , for his opiniō ? I find your fetch ; you apprehend euerie thing which may , if not confirm , yet countenance that doctrine , which lately you haue drawne out of Cerberus denne ; That it is lawfull to contriue the death of kings . That the people were grieued against Seruius Tullius for raigning without election : it is a meere fantasie , a dreame , a deuise . Liuie faith f , that hee was declared king with such a consent , as no man had bin before him . That Tarquinius neglected the lawes of gouernment prescribed to him by the common wealth , it is an ougly vntruth . Liuie saith , that he brake the auncient manner of kings before him : but for lawes Pomponius affirmeth g , that at that time the Romans had no lawes but from their kings , and that Sextus Papirius reduced them into one volume , which was called the ciuill law of Papirius h , and that when the people expelled their kings , they abrogated their lawes also , and remained twentie yeares without any law . Lastly you adde , that the Romans did expell their kings , and erect Consuls in their steed : but you suppresse that which followed , which I hold for a common consequence of the like disorder : First , that for this cause , they were presently almost ouerwhelmed with warres : secondly , that in this state , they neuer enjoyed long time free from sedition : lastly , that as Tacitus saith , i there was no meanes to appease these tumults , but by returning to a monarchie againe . All this I write , rather to manifest the maner of your dealing , then that I hold it much regardable what Romans did . Your examples of our present age I will wrap vp in these few words . All nations , very few excepted , do consent in this forme of gouernment ; first , to bee vnder one Prince ; secondly , to accept him by succession , according to propinquitie of bloud : in other circumstances , either for in augurating their prince , or for the maner of managing and executing his gouernment , not two nations in the world in all points do agree . And yet is not this diuersitie raised , by any lawes which the people doe prescribe vnto their Prince , as you doe most grossely , yea peeuishly , yea maliciously affirme ; but by the particular lawes and customes of euerie nation , in which the consent of the Prince , either secret or expresse , sometimes onely is sufficient , alwayes principally doth concur . Vpon this diuersitie of customes you conclude , that it sufficeth not to alleage bare propinquitie of bloud . What ? not where that custom is established ? as I haue declared it to bee in most nations of the world ? doth difference of customes make all custom void ? doth diuersitie of custome in some circumstances take away the principall custome of succession by bloud ? This cleaueth together no surer then sand ; you loose both labour and credit in obtruding vnto vs these weake and loose arguments , without either force of reason or forme of Art. Your instance of the lawe Salicke in France , doth offer occasion to enter into a large fielde , wherein I could plainlie prooue , that there was neuer anie such lawe made to bind the discent of the crowne of Fraunce ; and that it hath bin the custome in most parts of the world , not to exclude women from succession in state : in so much as Beda k and before him Eusebius l , and Plinie m do● write , that certaine people were gouerned onlie by Princes of that sex . But because this is a matter both of long discourse , and not proper to our purpose , I wil conteine my selfe within this obseruation ; That the exclusion of King Edward the third from the crowne of Fraunce , vppon this pretence , was the cause of the effusion of their brauest bloud , and of the spoile , wast , and conquest of all that Realme . I acknowedge that the English haue lost the possession of that conquest ; and that was by meanes of domestical warres , for excluding the neerest in bloud from the crowne ; into which vnquiet quarrell , you doe now endeuour againe to imbarke vs. Yet no man can assure that the miseries of Fraunce for this cause are at an end . Rammes recoile to strike harder : we are gone rather backe then away : I will not presage , but anie man may coniecture , that our minds and our meanes will not alwaies want the fauour of time . After all this you proceede a degree further : that it is lawfull vpon iust considerations , not only to put backe the next inheritour of the crowne , but also to remoue him who is in full possession thereof . And y● is plaine ( you say ) not onely by the grounds before by you alleaged , but also by example of the Romans & Graecians : & because God hath commonlie concurred in such iudiciall actions of the state ; not onely in prospering them , but in giuing them also some notable successour . And yet you protest you are far from their opinion , who vpon euerie mislike are readie to band against their Prince ; and that you esteem the tenure of a crown , if once it be setled , the most irregular , whereto euery man is bound to settle his conscience , without examination of title or interest ; but onely by the supreme law of Gods disposition , who can dispence in what he listeth : and that notwithstanding you are as farre , from the abiect flatterie of Billaie and others ; who affirme , that Princes are subiect to no law or limitation at al , and that they succeed by nature and birth onely , and not by admission of the people ; and that there is no authoritie vnder God to chasten them . These you call absurd paradoxes ; and herewith you settle your self to shewe in the next Chapter , what good successe hath insued the deposition of Princes . Concerning your protestation , wee may say vnto you as Isaac said to his sonne Iacob n . The voice is Iacobs voice , but the hands are the hands of Esau : You speake faire , and therewith also well ; but the maine drift of your discourse , is nothing else but a tempestuous doctrine of rebellion and disorder : you being therein like the boatman , who looketh one waie and pulleth another ; or rather like the image of Ianus , which looked two contrarie waies at once . It is a rule in lawe ; That a protestation contrarie to a mans act , will not serue to relieue him o : onlie this shal serue to conuince you , either of false or of forgetful dealing , when we come to that place where in flat words you maintaine the contrarie . Concerning the querele which you lay against Billaie ; as I haue not seene what he hath written , so wil I not interpose betweene him and you . I neuer heard of christian prince who challenged infinite authoritie without limitation of any law , either natural or diuine . But where you terme it an absurd paradoxe , that the people should not haue power to chasten their Prince , and vpon iust considerations to remoue him ; I am content to ioine with you vppon the issue . And first I note the maner of your dealing , in that you haue omitted to expresse what these iust considerations may be . For seeing there hath bin no king , who is not noted of some defects ; and againe , no Tyrant , who hath not manie commendable partes ( as Plutarch writeth p that Dionysius excelled most princes in diuers pointes of iustice and vertue ) it is a matter of dangerous consequence , to leaue these considerations vndetermined and at large . But who seeth not , that you do it out of pollicie , that you may vpon euerie particular occasion , declare such causes to be sufficient as you please ? How then doe you proue , that vpon anie cause , the people haue power to dispossesse their prince ? This is plaine ( you say ) not onlie by the groundes before by you alleaged , but also by example of y● Romans & Graecians . The grounds by you alleaged , are two . One in your first Chapter , that because no one forme of gouernment is natural , the people haue power both to choose , and to change , and to limit it as they please . The other ground is in this Chapter ; that because there are diuers lawes and customes in matters of principalitie , it sufficeth not to alleage bare propinquitie of bloud . Why ; but had you no text of scripture , no Father of the Church to alleage ? No lawe ? No reason ? No better example ? No surer grounde ? It is more then this which you bring against your selfe , in citing out of Saint Peter q ; The Lord knoweth to reserue the vniust vnto the daie of iudgement ; and especiallie them that despise gouernment , and speake euill of those that are in dignitie . And out of Saint Iude r : Likewise these dreamers despise gouernment , and speake euill of them that are in authoritie . Besides also , you haue alleaged out of Saint s Paule : Let euerie soule be subiect vnto the higher power ; for there is no power but of God : Whosoeuer therefore resisteth the power , resisteth the ordinance of God ; and they that resist shall receiue to themselues iudgment . And likewise out of S. Peter : t Submit your selues to euerie humane creature , whether it be to the king , or vnto gouernors ; for so is the will of God. To which places we maie likewise ad that , which S. Paule did write vnto Titus u : Put them in remembrance that they be obedient to the principalities & powers . And writing to Timothy * he exhorteth vs also to praie for them , that we may leade vnder them a peaceable life . But perhaps you wil say , that the Apostles did not meane this of wicked princes . Trifler : the Apostles spake generallie of al : Saint . Peter x maketh expresse mention of euil Lords . And what princes haue euer bin more either irreligious or tyrannical , then Caligula , Tiberius , Nero , the infamie of their ages , vnder whose empire the Apostles did both liue and write . Bellarmine the great master of controuersies perceiuing this to be vnanswerablie true , did in another sort rather cut then vntie the knot : affirming y that at that time it was necessarie to admonish the Christians to performe obedience to their kings , least the preaching of the Gospel might otherwise be hindred : which is as if in direct tearmes he should haue saide . Sir Kings : whilest our heads were vnder your girdle , we were content to curry fauour , by preaching obediēce vnto the people : but now we haue got the wind of you ; we must plainlie tel you , that you hold your crownes at their curtesie and fauour ; and haue no power in effect , but as lieutenants general . I know you wil make a sower face at this ; it will go very much against your stomackes ; but there is no remedie , you must take it down ; they are your good lords ; they may dispossesse you . Prophane Bellarmine : is Christian Religion a meere policie ? doth it applie it selfe onlie to the present ? Doth it turne alwaies with the time ? May the principal professors thereof say , as an infidel Moore did , whē he violated the faith which he had giuen vnto christians ? We haue no bone in our tongues that we cannot turne them which way we please . Wee seee plainlie that you say so : and it is as plaine , that it was far from the true meaning of the Apostles . S. Iude z writeth sharpelie against those , who had mens per●ons in admiration because of aduvntage . S. Paul also saith * : Goe I about to please men ? If I should please men , I were not then the seruant of Christ. I wil giue you an example of another time . Nabuchadnezzar king of Assyria , wasted al Palestina ; tooke Hierusalem ; slew the king ; burnt the Temple ; tooke away the holy vessels and treasure : the residue he permitted to the crueltie and spoile of his vnmerciful soldiers ; who defiled al places with rape , ruine and bloud . After the glut of this butcherie , the people which remained , he led captiue into Chaldaea , and there commaunded , that whosoeuer refused to worship his golden image , should be cast into a firie furnace . What crueltie , what impietie is comparable to this ? and yet the Prophets Ieremiah a and Baruch b did write to those captiue Iewes , to praie for the prosperitie and life of him , and of Baltazar his sonne , that their daies might be vpon earth as the daies of heauen : and Ezechiel c both blameth and threatneth Zedechia , for his disloialtie in reuolting from Nabuchadnezzar , whose homager and tributarie he was . What answere wil you make to this example ? I am wiselie busied to cast forth this question ; what answere can you make , which your owne knowledg will not conuince ? Many other places there are in holy Scripture , whereby not onely our actions are tied to obedience ; He that doth presumptuously against the ruler of the people shal die d : but also our words , Thou shalt not speake euill against the ruler of the people e ; yea , our secret thoughts : Detract not from the king , no not in thy thought ; for the foules of the aire shall carie thy voice f . The reason hereof is not obscure : Because princes are the immediat ministers of God g ; & therefore he called Nabuchadnezzar , his seruant h ; & promised him also hire & wages for the seruice which he did i . And the Prophet Esay k calleth Cyrus , a prophane & heathen king , the Lords annointed . For , as Salomon saith l , The harts of kings are in the hands of the Lord : & he stirreth vp the spirit , euen of wicked Princes to do his wil m : & ( as Iehoshaphat said to his rulers n ) they execute not the will of man , but of the Lord. In regard hereof Dauid calleth thē gods o ; whereof Plato also had some sense , when he said p , A king is in steed of god . And if they do abuse their power , they are not to be iudged by their subiects , as being both inferiour and naked of authoritie , because all iurisdiction within their realme is deriued from thē , which their presence only doth silence & suspend : but God reserueth them to the ●orest trial : Horribly and sodainly ( saith the wise man q ) will the Lord appeare vnto thē , and a hard iudgment shal they haue . You Iesuits do yeeld a blindfold obediēce to your superiours , not once examining either what hee is , or what he doth commād : & although the Pope should swarue frō iustice , yet by the canons r , men are bound to performe obedience vnto him , and God only may iudge his doings : and may a king , the Lords Lieutenant , the Lords annointed in the view of his subiects , nay , by the hands of his subiects , bee cast out of state ? May he , as was Actaeon , be chased and wooried by his own hounds ? Wil you make him of worse conditiō , then the Lord of a Manor ? then a parish priest ? then a poore schoolemaster , who cannot be remoued by those that are vnder their authoritie and charge ? The law of God cōmandeth that the child should die , for anie contumely done vnto the Parents . But what if the father be a robber ? if a murtherer ? if for all excesse of villanies odious & execrable both to God and man ? Surely hee deserueth the highest degree of punishment ; & yet must not the son lift vp his hand against him : for , as Quintilian saith s , No offence is so great , as to be punished by parricide . But our country is dearer to vs then our selues : & the Prince is the father of our country u : whose authoritie , as Baldus noteth * , is greater then of parents : and therfore he must not be violated , how impious , how imperious soeuer he be . If hee commaundeth those things that are lawfull , we must manifest our obedience by readie performing . If he inioine vs those actions that are euill ; we must shew our subiection by patient enduring . It is God only who seateth kings in their state ; it is he only who may remoue them . The Lord wil set a wise king ouer the people which he loueth , as himselfe doth testifie x . And againe , For the sins of the land the kings are changed y . As therefore wee endure with patience vnseasonable weather , vnfruitful yeares , & other like punishments of God ; so must wee tolerate the imperfections of Princes , and quietly expect either reformation , or els a change . This was the doctrine of the ancient Christians , euen against their most mortall persecuters . Tertullian saith z , For what warre are we not both seruiceable and readie , although vnequall in number , who doe so willingly endure to be slaine ? neither want we strength of number : but God forbid , that religion should be maintained with humane fire . From him also Saint Cyprian , a most studious reader of Tertullian , as Saint Hierome * noteth , in like maner writeth a : Although our people bee exceeding copious , yet it doth not reuenge it selfe against violence : it suffreth . Saint Augustin saith b : It is a generall paction of humane societie to obey kings . Which sentence is assumed into the body of the canon law c . In a word , the current of the ancient fathers is in this point concurrent ; insomuch as among thē all there is not one found , not anie one ; one is a small number ; and yet I say confidently againe , there is not anie one , who hath let fall so loose a speech , as may be strained to a contrarie sense : How then are you of late become , both so actiue & resolute to cut in sunder the reines of obedience , the verie sinewes of gouernment & order ? Whence had Benedetto Palmto , a Iesuite , his warrant , to incite William Parrie to vndertake the parricide of our Queene ? whence did Annibal Codretto , another Iesuite , assure him , that the true Church made no question , but that the fact was lawfull ? Whence did Guignard , a Iesuite , terme the butcherie of Henry late king of Fraunce , an heroicall act , and a gift of the holy Ghost ? Whence did he write of the king , who now there raigneth : If without armes he cannot be deposed , let men take armes against him ; if by warre it cannot be accomplished , let him bee murthered ? Whence did Ambrose Verade , rector of the colledge of the Iesuits in Paris , animate Barriers ( as he confessed ) to sheath his knife in the kings breast ; assuring him by the liuing God , that he could not execute anie act more meritorious ? Whence did the commenter vpon the epitome of Confessions , otherwise the seuenth booke of decretals , commend all the Iesuits in these termes d , They set vpon tyrants , they pull the cockle out of the Lords field ? It is a rule in nature , that one contrarie is manifested by the other . Let vs compare then your boisterous doctrine with that of the Apostles , and ancient Fathers of the Church , and we shall find that the one is like the rough spirit , which hurled the heard of swine headlong into the sea ; the other like the stil & soft spirit which talked with Elias f . Neither was the diuel euer able , vntil in late declining times , to possesse the hearts of Christians with these cursed opinions , which doe euermore beget a world of murthers , rapes , ruines & desolations . For tel me , what if the prince , whom you perswade the people they haue power to depose , be able to make & maintaine his partie , as K. Iohn and king Henry the third did against their Barons ? What if other princes , whom it doth concerne , as wel in honor , to see the law of Nations obserued , as also in policie , to breake those proceedings which may form precedents against themselues , do adioin to the side ? what if whilest the prince and the people are ( as was the frog and the mouse ) in the heate of their encounter , some other potentate play the kite with them both ; as the Turke did with the Hungarians ? Is it not then a fine peece of policie which you doe plotte ? or is it not a grosse errour to raise these daungers , and to leaue the defence to possibilities doubtfull . Goe too , Sirs , goe too , there is no christian country , which hath not by your deuises ben wrapped in warres . You haue set the empire on swim with bloud : your fires in France are not ye : extinguished : in Polonia & all those large countries , extending from the north to the east , you haue caused of late more battels to be fought , then had ben in 500 yeers before . Your practises haue heeretofore preuailed against vs : of late yeers you haue busied your selues in no one thing more , then how to set other christian princes on our necks ; stirring vp such store of enemies against vs , as , like the grashoppers of Egipt , g might fill our houses , and couer our whole land , and make more doubt of roome then of resistance . Our owne people also you haue prouoked to vnnaturall attempts : you haue exposed our country as a pray , to them that will either inuade or betray it ; supposing belike that you play Christs part well , when you may say as Christ did , h thinke not that I came to send peace , I came not to send peace but a sword . But when by the power & prouidēce of God , all these attempts haue rather shewen what good hearts you beare towards vs , then done vs any great harme ; when in all these practises you haue missed the mark , now you do take another ●ime : now hauing no hope by extremitie of armes , you indeuour to execute your mallice by giuing dangerous aduise : Now you goe about to entangle vs with titles , which is the greatest miserie that can ●all vpon a state . You pretend faire shewes of libertie & of power , Sed timeo Danaos & don● ferentes : Wee cannot but suspect the courtesies of our enemies : the power which you giue vs will pull vs downe ; the libertie whereof you speake will fetter vs in bondage . When Themistocles came to the Persian court , Artab●nus captaine of the guard , knowing that hee would vse no ceremonie to their king , kept him out of presence , and said vnto him : you Grecians esteeme vs barbarous , for honouring our kings , but we Persians esteeme it the greatest honour to vs that can be . The like answere will we frame vnto you : you Iesuits account it a bondage to be obedient vnto kings ; but wee Christians account it the greatest meanes for our continuance both free and safe . To the third Chapter , which is intitledOf the great reuerence and respect due to kings , and yet how diuers of them , haue ben lawfully chastised by their common wealthes for their misgouernment , & of the good & prosperous successe that God commonly hath giuen to the same , and much more to the putting back of an vnworthie pretender . THat princes may bee chastised by their subiects , your proofes are two : one is drawen from certaine examples ; the other from the good successe and successors which vsuallie haue followed . Surely it cannot be but that you stand in a strong conceite , either of the authoritie of your woord , or simplicitie of our iudgement ; otherwise you could not bee perswaded , by these slender threds to draw any man to your opinion . Of the force of examples I haue spoken before ; there is no villanie so vile which vvanteth example . And yet most of the examples which you doe bring , are either false , or else impertinent . For there haue beene diuers states , wherein one hath borne the name & title of king , without power of Maiestie . As the Romanes in the time of their consulate estate , had alwaies a priest , whom they entitled king , whose office consisted in certaine ceremonies & sacrifices , which in former times could not be performed but by their kings . Likewise the Lacedaemonians , after Licurgus had formed their gouernment retained two kings , who had no greater stroke in matters of state , then a single voice as other Senators . Such were in Caesars time many pettie kings of Gaule , who ( as Ambiorix king of Leige confessed ) were subiect to their Nobilitie , & iusticeable by them . Such are now the Emperours of Almaine ; because the puissance & Maiestie of the empire pertaineth to the states , who are sworne to the empire it selfe , and not to the person of the Emperour . Such are also the Dukes of Venice , the soueraignetie of vvhich state is setled in the gentlemen . In these and such like gouernments , the Prince is not soueraigne , but subiect to that part of the common wealth , which retaineth the royaltie and maiestie of state , whether it be the Nobilitie , or common people : and therefore your examples drawen from them is nothing to our purpose . Concerning successe , it cannot bee strange vnto you , that by the secret , yet iust iudgement of God , diuers , euill actions are carried with apparance of good successe The Prophet Dauid said , a that his treadings had almost slipt , by seeing the wicked to flourish in prosperitie : the prophet Ieremiah b seemed also to stagger vpon this point & it hath alwaies ben a dangerous stone in the way of the godly , whereat manie haue stumbled , and some fallen . Besides , it ordinarily happeneth that good princes succeede tyrants ; partly because they are so indeede , as being instructed to a better mannage of gouernment , both by the miserable life of their predecessors , and by the o●gly infamie which remaineth after their death : partly because by meanes of the comparison they both seeme , and are reported to bee farre better then they are . Heerevpon Lampridius saith of Alexander Seuerus : c I may also say , that Alexander was a good Prince by feare ▪ for that Heltogab●lus his predecessor was both an euill prince , and also massacred and slaine . Seing therefore the reason is so manifest , wherefore good princes should succeede tyrants , is it not rashnesse ? is it not impudencie ? is it not impietie for vs to wade with vncleane feete into Gods secret counsells , vnknowne to the Angells , and to iustifie vpon this euent the paricide of any prince ? For my part , I know not whether you shew your selfe more presumptuous in entering into this obseruation , or in pursuing it more idle and impure . I will passe ouer your protestation of respect and obedience due vnto Princes : protest what you please , wee will take you for no other then a vile ●inde of vermine , which , if it bee permitted to creepe into the bowels of any state , will gnaw the hart strings thereof in sunder . This you manifest by the course comparison which presently you annexe , that as a naturall body hath authoritie , to cure the head if it be out of tune , and reason to cut it off oftentimes , if it were able to take another ; so a body politick hath power to cure or cut off the head , if it be vnsound . But what either will or power hath any part of the body in it selfe ? what either sence for the one , or motion for the other , which proceedeth not altogether from the head ? where is the reason seated which you attribute to the body , both in iudging and curing the infirmities of the head ? Certaine it is , that in your cutting cure you deale like a foolish phisition , who finding a body halfe taken and benummed with a palsie , cutteth off that part to cure the other , and so make sure to destroy both . You suppose belike that to enter into greater perills , is the onely remedie of present dangers . I omit to presse many points of this comparison against you , because comparisons do serue rather to illustrate then inforce : and I know not what assertion you might not easely make good , if such sencelesse prating might goe for proofe . I come now to your particular examples , wherof the first is of King Saule ; whom you affirme to be depriued and put to death for his disobedience . Saule depriued and put to death ? I neuer heard that any of his subiects did euer lift vp one thought against him . Dreamer , you will say , hee was slaine by the Philistimes : good ; but who depriued him ; it was God ( you say ) who did depriue him ? You must pardon vs if vpon the sodaine wee doe not conceiue the misterie of your meaning : your vvords of depriuation and putting to death , doe rather import a iudiciall proceeding against him , thē that God deliuered him to be vanquished , by his enemies in the field . But vvhat is this to dispossessing by subiects ? yes , you say , because vvhat soeuer God hath put in vre in his common vvealth , may be practised by others . Why , but then also good princes may be deposed by their subiects ; because God deliuered Iosiah to be slaine by the Aegiptians . You firebrands of strife , you trumpets of sedition , you red horses vvhose sitters haue taken peace from the earth , d how impudently doe you abuse the scriptures ? how doe you defile them vvith your filchie fingers ? It is most certaine that Dauid knew , both because Samuel tould him , and because he had the spirit of prophesie , that God had reiected Saul , and designed him to be king in his place : yet his doctrine was alwaies , not to touch the Lords anoin●ed , wherto his actions vvere also answerable . For vvhen Saul did most violently persecute him , he defended himselfe no otherwise then by flight . During this pursuit , Saul fell twice in to his power ; once he dyd not onely spare but protect him , and rebuke the pretorian soldiers for their negligent vvatch : the other time his hart did smite him , for that he had cut away the lappe of his garment . Lastly , he caused the messenger to be slaine , vvho vpon request , and for pittie , had furthered ( as he said ) the death of that sacred King. Wee haue a precept of obedience , vvhich is the mould vvherein vvee ought to fashion our actions . God onely is superiour to princes ; vvho vseth many instruments in the execution of his iustice , but his aucthoritie he hath committed vnto none . Your second example is of king Amon , vvho vvas slaine ( as you vvright ) by his owne people ; because he vvalked not in the vvayes of the Lord. This is somewhat indeed if it be true ; let vs turne to the text . f Amon was xxii . yeeres ould when he began to reigne &c. and he did euill in the sight of the Lord &c. and his seruants conspired against him , & slew him in his house , and the people smote all those who conspired against king Amon , and made Iosiah his sonne king in his stead . But this is very different from that which you report . Amon was slaine by his seruants , and not by the people ; who were so far from working , that they seuerely reuenged his death . And although Amon was euill , yet the scripture laieth not his euill for the motiue whervpon his seruants slue him . The diuell himselfe in alleaging the scripture , vsed more honestie & sinceritie ( if I may so terme it ) then you : for he cited the very vvords , vvresting them onely to a crooked sence : but you change the vvords of the Scripture ; you counterfeit Gods coine , you corrupt the recordes vvhich he hath left vs. I vvill now shake of all respect of ciuilitie towards you , and tell you in flat and open termes ; that as one part of your assertion is true , that good Kings succeeded Saul and Amon ; so the other part , that either they vvere , or in right could haue bene depriued and put to death by their subiects , it is a sacrilegious , a logger-headed lye . Of your example of Romulus I haue spoken before . I haue declared also how the Romanes , presently after the expelling of their kings , & for that cause , were almost ouerwhelmed with the weight of warre ; being beaten home to the very gates of their citie . And had not Chocles by a miracle of manhood susteined the shock of the enemies , whilest a bridge was broken behind him , the towne had bene entred and their state ruined . And wheras you attribute the inlargement of the empire , which happened many ages after , to this expelling of their kings , you might as well haue saide , that the rebellion against king Iohn was the cause of the victories which wee haue since had in France . I haue before declared , that the state of the Romanes vnder their consulls , was popular , rather in shew , then in deede : this shew began also to end , when by the law Valeria , L. Sylla was established dictator for foure and twentie yeares . After this , the empire did mightely encrease , vntil the reigne of Traian● ; at which time all authors agree that it was most large ; and yet far short of your wandring suruey , not halfe fifteene thousand miles in compasse . In your example of Caesar , I neuer saw more vntruthes crowded together in fewer words : you say he brake all lawes , both humane and deuine : that is one ; his greatest enemies did giue of him a most honorable testimonie . You say he tooke all gouernment into his hands alone : that is two ; the people by the law Seruia elected him perpetual dictator . You make his death to be an act of the state : that is three ; for they who slew him , were both declared & pursued by decree of the state for publicke enemies ; of whom , not any one , either died a naturall death , or liued three yeeres after ; it was further decreed , that the court where he was slaine should be stopped vp , that the Ides of March should be called parricidium ; & that the Senate should neuer be assembled vpon that day . You say that Augustus was preferred in his place : that is foure ; and all within the compasse of sixe lines . Augustus was neuer chosen dictator ; Suetonius writeth g that hee entreated the people vpon his knee , not to charge him with that office . But Augustus , Antonius and Lepidus did first knit in armes by the name of Triumuiri , to reuenge the death of Iulius Caesar ; whervpon a long cruell and doubtfull warre was set vp , which continued the space of xx . yeers ; first , betweene these three , and the murtherers of Caesar ; then , betweene Lepidus , and the other two ; lastly betweene Augustus & Antonius : and this was the sweet successe of the murther of Caesar. Augustus , after his victorie was made perpetuall tribune , as Suetonius hath written h Dio. saith , i that he was freed from the power of the lawes ; as Pompeie also had beene before him . Tacitus addeth , k that the people hauing their hearts broken with broiles , permitted him to rise into rule , and to draw by degrees the whole authoritie of the state into his handes . And so it seemeth that the royall law was not yet established , l by which the people gaue ouer their power in gouernment : wherevpon some make good the sentence which the Senate gaue against Nere ; because the soueraigntie was not then by any expresse act setled in the Emperour . But where you bring the succession of Vespasian as a good successe of this sentence against Nero , it is a vvilde and witlesse vntruth . Galba succeeded next after Nero ; who was slaine in a sedition raised by Otho . Otho againe was ouercome in field by Vitellius ; whervpon hee slue himselfe . Lastly , Vitellius was ouerthrowne and slaine by the Captaines of Vespasian ; who was the fourth Emperour after Nero. These intestine warres , these open battailes fought to the full , this slaughter of Emperours , which you terme interludes , vvere the immediate successe after the death of Nero. You furies of hell , whose voices are lightening and thunder , vvhose breathing is nothing but sword , fire , rages and rebellions : the encountring of armies , the butcherie of millions of men , the massacre of princes , you accompt enterludes : These are your pleasures ; these your recreations . I hope all christian common vvealthes vvill beare an eye ouer your inclination , and keepe out both your persons and perswasions , from turning their state into an open stage for the acting of these enterludes . You continue your base bouldnesse in affirming , that the senate procured the death of Domitian ; that they requested the soldiers to kil Heliogabalus ; that they inuited Constantine to come & doe iustice vpon Maxentius : this broken kinde of disguising is familiar vnto you , to make such violencies as haue often preuailed against excellēt princes , to seeme to be the act of the vvhole state . And vvheras you bring the succession of Alexander Seuerus for a good successe of the murther of Heliogabalus , being the rarest prince ( you say ) that euer the Romanes had ; you might haue alleaged any author in proofe thereof better then Herodian , vvho vvriteth of him in this manner . m Alexander did beare the name and ensignes of the empire ; but the administration of affaires & gouernment of the state did rest vpon wemen . And further he vvriteth that by his slacknesse and cowardice , the Romane Armie vvas defeated by the Persians ; & finally , that for his vvant of courage , he vvas slaine by his owne soldiers . By this vve may see that you goe blindfold ; being so far from caring , that many times you scarce know vvhat you vvright . Your markable example ( as you terme it ) of the change o● the empire , frō the west to the east ; frō Cōstantin the sixt , to Charles king of France , doth mark out nothing more vnto vs , then your foūdred iudgemēt . The questiō is not what one forren prince may do against another , but what subiects may do against their soueraign : this is the point of cōtrouersie , heete you must cloase ; and not trauerse about in discourses impertinent . The change of the kingdome of France from Childeric to Pepin , your owne authour Girard n affirmeth to be , both an ambitious & fraudulēt vsurpation , wherin Pepin vsed the reuerēce of religiō as a mantle to couer his impietie & rebelliō . The matters which he obiected against Childeric were two ; first , his insufficiēcie , the ordinarie pretence of most rebellions ; but Girard , o saith , that the auncient custome of the French was , to loue & honor their kings , whether sufficient or vnable , worthie or weake ; & that the name of king vvas esteemed sacred , by whomsoeuer it was borne . Secondly he obiected , that his subiects were condicionally sworne vnto him ; & this also Girard writeth to be a forced and cautelous interpretation , violently streining the words of their oath to his aduantage : and in deede , if the oath of the people had ben conditionall , vvhat needed they to procure a dispensation for the same ? This vvas the first act ( saith he ) wherby the popes tooke occasion to set in their foot of authoritie , for transporting of kingdoms from one race to another : which growing to strength , hath filled all christian countries with confusion and tumult . Likewise the change of that kingdome from the line of Pepin to the line of Capet , vvas a meere violence & intrusion , & so vvas it acknowledged by Eudes earle of Paris , the first of that family vvho did vsurp : & for that cause he was constreined after two yeares reigne , to quit the crowne , & to giue place vnto Charles the lawfull heire . And vvhen Robert , brother vnto Eudes , did enter into armes to recouer that vvhich his brother once held , he vvas beaten downe and slaine by the faithfull subiects of king Charles . Hugh , the sonne of Robert nourished this ambition : But Hugh Capet his sonne vvith better both opportunitie & successe , but no better right , did accomplish the enterprise . For Girard q calleth him an vsurper , & Charles duke of Lorrane the true heire to the crowne . Between these two ( as in all vsurpations it is vsuall ) vvar vvas raised ; but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground . And there is little doubt , but , if he had preuailed , Lorraine had bene at this day a member of the crowne of France . The like answer may be giuen to your example of Suintilla : & this beside ; that the kingdom of the Gothes in Spaine , vvas not then setled in succession , & chiefly during the reigne of Victeric , Gundemir , Sisebuth , Suintilla , Sicenand , Cinthilla , and Tulca . The historie of Alphonso , another of your examples , standeth thus . Alphonso had a sonne called Ferdinand , who died during the life of his father , & left two yong sons behinde him . After the death of Ferdinand , his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay , to procure him to be aduanced to the successiō of the kingdom , before his nephewes . D. Lope vndertoke the deuise ; & drawing some other of the nobilitie to the partie , they so wrought with the king , that in an assembly of the states at Segouia , Sancho was declared successor , & the childrē of Ferdinand appointed to be kept in prison . But Sancho , either impatiēt to linger in expectatiō , or suspicious that his father grew inclinable towards his nephewes , made league with Mahomed Mir , king of Granado , a Moore ; by whose ayde , & by the nobilitie of his faction , he caused him selfe to be declared king . Heerevpon , Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco , who before had bene an enemie to Alphōso : but vpon detestatiō of this vnnatural rebelliō , he sent forces to him , protesting notwithstāding that so soone as the war should be ended , he wold become his enemie againe . So Alphonso by help , partly of the Marocco Moores , & partly of his subiects which remained loyall , maintained against his sonne both his title & state during his lyfe , but not without extremitie of bloudshed ; & opportunitie for the Moores , being assistāt to both parties , to make themselues more strong within the countries of Spaine . For this cause Alphonso disinherited his sonne by his testament , and cast a cruell cursse vpon him & his posteritie : & afterward it vvas ordeined in an assembly of the states holden at Tero , that the childrē of the elder brother deceased , should be preferred before their vnckle . How then will you verifie your two points by this historie ? First , that Alphonso vvas depriued by a publick act of parlament : secondly , that it turned to the great cōmoditie of the state . It is not a milliō of Masses that are sufficiēt to satisfie for all your deceitful & malicious vntruthes . I meruaile how the rebellion of Absolon , against king Dauid his father escaped you : Oh ; it wanted successe ; & you could not so easily disguise the report . You write that the common wealth of Spaine , resoluing to depose D. Pedro the cruell , sent for his brother Henry out of france , & required him to bring a strength of frenchmen with him : but hereby you make it plain , that the common wealth was not fully agreed . The truth is , that this was a dangerous deuisiō of the state , between two concurrents ; some holding for Henry , & some for Pedro. Henry obtained forren asistance by the french , Pedro by the english . In the meane time , whilst Peter was throwen out of state by the forces of france , & after that Henry by the armes of england ; & againe Peter deiected both from dignitie and life by his brother Henry ; the poore country became a spectacle for one of your enterludes . Your example of Don Sancho Capello king of Portugal , containeth many intollerable vntruthes . For neither was he depriued of his dignitie , neither did the Pope & counsell of Lions giue either authoritie or consent that he should be depriued ; neither was he driuen out of his realme into Castilla ; neither died he in banishmēt ; neither was Alphonso his brother king during his life . These fiue vntruths you huddle into one heape . The counsaile of Lions wholy opposed against the deposing of Don Sancho , notwithstanding many disabilities were obiected against him : in regard wherof they gaue directiō , that Alphonso his brother should be regent of the realme ; as in that case it is both vsuall & fit . But Sancho taking this to dislike , did seeke aide of the king of Castile ; & in that pursuite ended his life without issue : wherby the right of succession deuolued to Alphonso . To your examples of greeke Emperours , I will answer by your words ; which are ; r that for the most part they came not orderly to the crowne , but many times the meanes thereof were tribulent and seditious . The deposing of Henry king of Polonia , I acknowledge to be both true & iust ; I haue nothing to except against it . When the crowne of France did discend vnto him , he forsooke Polonia , & refused to return again to that swaggering gouernment , wherevpon they did depose him . Giue vs the like case , & you shal be allowed the like proceeding ; but you esteeme your examples by tale & not by touch : being not much vnlike a certaine mad fellow in Athens , who imagined euery ship which was brought into the hauen to be his : for vvhatsoeuer you finde of a king deposed , you lay claime vnto it , as both lawfully done , and pertayning to your purpose , whereas one of these doth alwaies faile . Concerning your two examples , one of Sueden , and the other of Denmarke , I shall haue occasion to speake hereaf●er . The nobility of those countries pretēd , that their kings are not soueraigne , but that the power in highest matters of state pertaineth vnto them . If it bee thus , the examples are not appliable to the question , if it be otherwise , then the princes had wrong . Wee are come now to our domesticall examples ; the first whereof is that of king Iohn , who was deposed by the Pope , you say , at the suite of his owne people . All this people was the Archbishop of Cant. the bish . of London , and the bish . of Ely ; at whose cōplaint , the Pope did write to Phillip king of France , that hee should expell king Iohn out of his realme . If not conscience , if not ordinarie honestie , pure shame should haue drawen you to another forme of writing . Hee was also depriued ( you say ) afterwards by his Barons . Heauy beast ; call you this a depriuation ? The commons were neuer called to consent ; the Clergie were so opposite to those that stoode in armes against king Iohn , that they procured excommunication against them : first generally ; then by name ; lastly , Lewes the French kings sonne was also included : of the Nobilitie , which is onely the third state of the realme , I make no doubt but some reserued themselues to bee guided by successe ; others , and namely the Earles of Warren , Arundell , Chester , Penbrooke , Ferrers , Salisburie , and diuers Barons did openly adhere vnto king Iohn ; you may as well call any other rebellion a depriuation , as affirme that the rest either did or might depriue him . And whereas you bring in king Henry the third , as a most worthie successour after this depriuation ; I will derogate nothing from his worthinesse : but there was neuer king in England , who without concurrent in the title of the crowne , did draw more bloud out of the sides of his subiects . Your second example is of king Edward the second , whom many of our histories report to bee of a good and courteous nature and not vnlearned ; imputing his defectes rather to Fortune , then either to counsell or carriage of his affaires . His deposition was a violent furie , led by a vvife , both cruell & vnchast ; & can with no better countenance of right be iustified , then may his lamentable both indignities and death , vvhich therupon did ensue . And although the nobilitie , by submitting thēselues to the gouerment of his sonne , did breake those occasions of wars which doe vsually rise vpon such disorders , yet did not the hand of God forget to pursue reuenge . For albeit king Edward his son enioyed both a long & prosperous raign , yet his next successor king Richard the second , vvas in the like violent manner imprisoned depriued & put to death . I will prosecute the successiue reuenge which heereof also ensued , being a strange matter , & worthie to be rung into the eares of all ages . King Henry the fourth , by whom king Richard was deposed , did exercise the chiefest acts of his raigne , in executing those who conspired with him against king Richard. His son had his vertue well seconded by felicity ; during whose raigne by meanes of the wars in France , the humour against him was otherwise imployed & spent : but his next successor king Henry the sixth was in the very like manner depriued , & together with his yong son Edward imprisoned and put to death by king Edward the fourth . This Edward died not without suspiciō of poison ; & after his death , his two sons were in like maner disinherited , imprisoned & murthered by their cruell vnkle , the duke of Glocester : who being both a tyrant and vsurper , was iustly encountred and slaine , by king Henry the seauenth , in the field . So infallible is the law of iustice in reuenging cruelties and wrongs , not alwaies obseruing the presence of times wherein they are done , but often calling them into reckoning ; whē the offenders retaine least memorie of them . Likewise the deposition of king Richard the second was a tempestuous rage , neither led nor restrained by any rules of reason or of state ; not sodainely raised and at once , but by very cunning and artificiall degrees . But examine his actions vvithout distempred iudgement , & you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him , and you shall find nothing either of any truth or of great moment . Hollingshead writeth , that he was most vnthankfully vsed by his subiects ; for although , through the frailtie of his youth , he demeaned himselfe more dissolutely , then was agreeable to the royaltie of his estate , yet in no kings daies , the commons were in greater wealth , the Nobilitie more honoured , and the Clergie lesse wronged : vvho notwithstanding in the euill guided strength of their will tooke head against him , to their owne headlong destruction afterward : partly during the raign of king Henry , his next successor , whose greatest atchiuements were against his owne people ; but more especially in succeeding times , whē vpon occasiō of this disorder , more english bloud was spent , thē was in all the forren wars which had ben since the cōquest . Three causes are commonly insinuated by you , for which a king may be deposed ; tyranny , insufficiencie , & impietie : but what prince could hold his state , what people their quiet assured , if this your doctrine should take place ? how many good princes doth enuie brand with one of these markes ? what action of state can be so ordred , that either blind ignorance or set mallice wil not easely straine to one of these heads ? euery execution of iustice , euery demand of tribute or supply shall be claimed tyrannie : euery infortunate euent shall be exclaimed insufficiencie : euery kind of religion shall by them of another sect , be proclaimed impietie . So dangerous it is to permit this high power to a heedlesse and headlesse multitude , who measure things , not by reason and iustice , but either by opinion , which commonly is partiall ; or else by report , which vsually is full of vncertainties and errors : the most part doing because others doe ; all easie to become slauish to any mans ambitious attempt . So dangerous it is to open our eares to euery foolish Phaetō , who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion . You proceede that king Henry the sixth was also deposed for defectes in gouernment . Let vs yeeld a little to you , that you may bee deceiued ; a little that you may be carried by your affections ; how can you excuse these open vntruthes , wherein it cannot bee but the diuell hath a finger ? you cannot bee ignorant , that the onely cause which drevv the familie of Yorke into armes against king Henry , vvas the title which they had vnto the crowne : by vertue whereof , it vvas first enacted , that Richard duke of Yorke should succeed king Henry , after his death : but for that hee made vnseasonable attempts , he was declared by parlament incapable of succession , and afterwards slaine at the battaile of wakefield . Then Edward his sonne , prosecuting the enterprise , & hauing vanquished king Henry at the battaile of S. Albons , obtained possession of the state , caused king Henrye to be deposed , and himselfe to be proclaimed & crowned king . Afterward he vvas chased out of the realme , and by act of parlament both depriued and disabled from the crowne . Lastly he returned againe , and depriued king Henrye both from gouernment & from life . It is true , that some defects vvere obiected against king Henry ; but this was to estrāge the harts of the peple frō him . The main cause of the war did proceed , frō the right of the one partie , & possessiō of the other : The contrarietie of the acts of parlament vvas caused , by the alternatiue victories of them both . Your last example is of king Richard the third , of vvhom you vvright ; First , that although he sinned in murthering his Nephewes , yet after their death hee vvas lawfull king : Secondly , that he was deposed by the common wealth , who called out of France Henry earle of Richmond , to put him downe , Philosophers say that dreames doe commonly arise , by a reflection of the phantasie vpon some subiect , wherof we haue meditated the daie before . It may be y● your drowsie conceit vvas here cast into a dreame , of that vvheron it had dozed in all this chapter : Or at the best , that you are like vnto those , vvho haue so often tould a lie , that they perswade themselues it is true . King Edward the fourth left other children besides those that were murthered ; the duke of Clarence also , vvho vvas elder brother to king Richard , lest issue in life ; all vvhich had precedence of right before him . And as for the second point , tell mee I pray you , by vvhat parlament vvas king Richard deposed ? vvher did the states assemble ? vvhen did they send for the earle of Richmond to put him down ? by what decree ? by vvhat messengers ? Ther is no answer to be made , but one ; and that is , to confesse ingenuously , that you say vntrue ; & that it is your vsuall manner of deceiuing , to impute the act of a few vnto all ; & to make euerie euent of armes , to be a iudicial proceeding of the common wealth . For it is manifest , that the earle of Richmond had his first strēgth from the king of France ; & that after his discent into England , more by halfe , both of the nobilitie & common people did stand for king Richard , then stirre against him . You adioyne for a speciall consideration , that most excellent princes succeeded these vvhom you affirme to be deposed . I vvill nor extenuate the excellencie of any Prince ; but I hould it more vvorthie to be considered , that these disorders spent England a sea of bloud . In the ende you conclude , that all these depriuations of Princes vvere lawfull . Nay ; by your fauour ; if you sweat out your braines , you shall neuer euince , that a fact is lawfull beecause it is done . Yes ( you say ) for othervvise two great inconueniences vvould follow ; one , that the actes of those that vvere put in their place , should be voide and vniust : the other , that none vvho now pretend to these Crownes , could haue any tytle , ●or that they descend from them , vvho succeeded those that were depriued . You deserue now to be basted with words vvell stiped in vineger and salt : but I will be more charitable vnto you , and leaue bad speaches to black mouthes . For the first , the possession of the crowne purgeth all defects , and maketh good the actes of him that is in authoritie , although he vvanteth both capacitie and right . And this doth Vlpian expressely determine t vpon respect ( as he saith ) to the common good . For the other point , the successors of an vsurper , by course and compasse of time , may prescribe a right ; if they vvho haue receiued wrong , discontinue both pursuit and claime . P●normitane saith : u Successor in dignitate potest praescribere , non abstante vitio sui praedecessor is : A successor in dignitie may prescribe , notwithstāding the fault of his predecessor : otherwise , causes of vvar should be immortall , and titles perpetually remaine vncertaine . Now then for summarie collection of all that you haue saide ▪ your protestations are good ; your proofes light and loose ; your conclusions both dangerous & false . The first doth sauour of God ; the second of man ; the third of the diuell . To the fourth Chapter which beareth tytle . Wherein consisteth principally the lawfulnesse of proceeding against Princes , which in the former Chapter is mencioned , What interest Princes haue in their subiects goods or liues ; How oathes doe binde or may bee broken , of subiects towards their Princes ; and finally the difference betweene a good king and a tyrant . HEere you cloase with Billaye vpon two points ; first , vvhether a king is subiect to any law ; Secondly , whether all temporalities are in proprietie the Kings : but because these questions doe little perteine to our principall controuersie , I vvill not make any stay vpon them ; it suffiseth that vve may say vvith Seneca a Omnia rex imperio possidet , singuli domino : The king hath empire , euery man his particular proprietie in all things . After this , you proceede further to make good , that the Princes before mencioned vvere lawfully deposed ; and that by all law ; both diuine and humane , naturall , nationall and positiue . Your cause is so badd , that you haue need to set a bould countenance vpon it . But what deuine lawes doe you alleage ? You haue largely beefore declared ( you saye ) that GOD doth approoue the forme of gouernmēt vvhich euery common wealth doth choose , as also the conditions and statutes which it doth appoint vnto her prince . I must now take you for a naturall lyer , when you wil not forbeare to bely your selfe : you neuer proued any such matter ; & the contrary is euident , that sometimes entire gouernments ; often , customes & statutes of state ; & very commonly accidentall actiōs , are so vnnaturall & vniust , that ( otherwise then for a punishment and curse ) wee cannot say that God doth approue thē . We haue often heard that the Church cannot erre in matters of Faith ; but that in matter of gouerment a cōmon wealth cannot erre , it was neuer ( I assure my selfe ) published before . But let vs suppose ( supposall is free ) that God alloweth that forme of gouernment which euery common wealth doth choose : doth it therfore follow that by all deuine lawes princes may be deposed by their subiects ? these broken peeces will neuer bee squared to forme strong argument . But wherefore doe not you produce the deuine canons of scripture ? surely , they abhorre to speake one word in your behalfe : yea , they doe giue expresse sentence against you , as I haue shewed before . Well let this passe among your least escapes , in making God either the author or aider of rebelliō : you alledge no other humane law , but that princes are subiect vnto law and order . I vvill not denie but ther is a duty for princes to performe : but how proue you that their subiects haue power to depose them if they faile ? In this manner . As the common vvealth gaue them their authoritie for the common good , so it may also take the same away , if they abbuse it . But I haue manifested before c , both that the people may so graunt away their authoritie that they cannot resume●t ; & also that few princes in y● world hold their state by graunt of the people . I will neuer heereafter esteeme a mans valure by his voice : Your braue boast of all lawes , diuine , humane , naturall , nationall and positiue , is disolued into smoake : you busie your selfe as the Poets wright of Morpheus , in presenting shadowes to men a sleepe . But the chiefest reason ( you say ) the very ground and foundation of all . Soft : what reason ? what ground ? if you haue alreadie made proofe by all lawes , humane and deuine , naturall , nationall and positiue , what better reason ? what surer ground will you bring ? Tush : these interruptions . The chiefest reason ( you say ) the very ground and foundation of all is , that the common wealth is superiour to the prince ; and that the authoritie which the prince hath , is not absolute , but by the way of mandate and commission from the common wealth . This is that which I expected all this time : you haue hetherto approached by stealing steps , you are now come cloase to the wall , do but mount into credit and the fort is your owne . You affirmed at the first , that princes might be deposed for disabilitie ; then , for misgouernmen● ; now , vpon pleasure and at will. For they who haue giuen authoritie by cōmission , doe alwaies retaine more then they graunt ; d & are not excluded either frō commanding or iudging , by way of preuention , concurrence , or evocation ; euen in those cases which they haue giuen in charge e : The reason is declared by Vlpian f . because hee to whom iurisdiction is committed representeth his person who gaue commission , and not his owne . Herevpon Alexander g , Panormitane h , Innocentius , and Felinus i doe affirme , that they may cast their commissioners out of power when they please , because as Paulus saith k ; a man can iudge no longer , when he forbiddeth who gaue authoritie . Further , all states take denomination from that part wherin the supreme power is setled ; as if it bee in one prince , it is called a monarchie ; if in many of highest ranck , then it is an aristocracie ; if in the people , then a democracie . Whervpon it followeth ; if the people are superiour to the prince , if the prince hath no power but by commission from them , that then all estates are populare : for we are not so much to respect who doth execute this high power of state , as from whō immediately it is deriued . Hereto let vs ad that which you haue said in another place l ; that in populare gouernments there is nothing but sedition , trouble , tumults , outragies & iniustices vpon euery light occasiō ; & thē we shall perceiue ; first , that you want the art of a wise deceiuer , not to be entangled in your tale ; secondly , that this is meere poison , which the diuell hath dropt out of your pen , to infect christian coūtries with disobedience & disorder . In a word , to the contrary of this your impudent vntruth , our laws do acknowledge supreme authority in the prince within the realme & dominions of england m , neither can subiects beare thēselues either superior or equall to their soueraigne ; or attempt violence either against his persō or estate , but as well the ciuill law n , as the particulare lawes & customes of all countries do adiudge it high & hainous treasō . I will speake now without passion ; what reason haue we , to accept your idle talk for a kind of authority , against the iudgement & lawes of most nations in the world ? You proceede that the power of a prince is giuen to him by the common wealth , with such conditions & exceptions , as if the same be not kept , the people stand free . That the prince receiueth his power vnder plain conditiōs , you go about to proue afterward : now you hold on , that in all mutual contracts , if one side recede from promise , the other remaineth not obliged ▪ & this you proue by two rules of the law . The first is o ; he doth in vaine require promise to be kept of another man , to whom he refuseth to performe that which he promised : the other is p a man is not bound to performe his oath , if on the other part , that be not performed , in respect whereof he did sweare . Poore fellow , had you ben as conuersant in the light of law , and cleere course of iustice , as you are in the smoake & dust of some corner of a colledge , you wold neuer haue concluded so generally so confidētly vpō any of the rules of law , which are subiect , for the most part , vnto many exceptions . Alexander q & Felinus r doe assigne fiue fallencies vnto these rules : Socinus s giueth the cootrarie rule : to him that breaketh his faith or oath , faith ought to bee kept ; & thē restraineth it with seauē limitations . But all affirme , that in those offices which are mutuall between any persōs , by the law of nature or of God ; as between the father & the child , the husband & the wife , the master & the seruant , the prince and the subiect ; although the same be further assured by promise or by oath , the breach of duty in the one , is no discharge vnto the other . And therfore if the father performeth not his duty towards his children , they are not thereby acquitted both of the obedience & care , which God & nature exacteth of them ; howsoeuer Solon in his lawes discharged children from nourishing their parents , if they did not traine them in some trade , wherby they might acquire their liuing . Much lesse are subiects exempted from obedience , if the prince either erre or be defectiue in gouernment : because the like respect is not due vnto parents as vnto Princes ( as I haue somewhat touched before ) insomuch as a sonne that beareth authoritie , hath right both to commaūd and compell the father . t This was declared among the Romanes , by that which Plutarch u , Liuie x , Valerius y , and Gellius a , doe report of Q. Fabius : to whome , being consull , when Fabius Maximus his father , who had bene consull the yeare before , did approch sitting vpon his horse , the sonne commanded him by a sergeant to allight : the father not onely obeyed , but highly commended both the courage and iudgement of his sonne , in maintaining the maiestie which he did beare , and in preferring a publicke both dutie and authoritie beefore priuate . Vpon those examples Paulus the lawier did wright , z that publick discipline was in higher estimation among the Romane parents , then the loue of children . After an impertinēt discourse , that vpon diuers cōsiderations an oath ought not to be performed ; you annex another cause wherefore subiects may withdraw their alleageāce ; & that is , when it should turne to the notable dammage of the common wealth and both these you affirme to be touched , in the depriuation of Childeric king of France . But I regard not what was touched in the depriuation of Childeric ; I haue answered to that in the chapter next before ; I require either arguments or authoritie of more tough temper . Well then let vs turne back the leafe , and there we shall finde a rule of the law ( because by rules onely you will beat down rule ) a In euill promises it is not expedient to keepe faith : Which is also confirmed by a sentence of Isidorus : b In euill promises , break your word ; in a dishonest oath change your purpose . Well fare your vvits , good soule ; doe you accompt the promise of obedience euill ? not so ( I suppose you will say ) but it turneth to be euill vvhen it turneth to the notable detrimēt of the commō wealth . It is one of your peculiar guifts , the further you goe , the more impious you declare your selfe . For if you take the word euill in noe higher sence then for detriment and damage , it would follow vpon your rule , that a man vvere no further tyed to his promise , then the performance thereof were aduantageable vnto him . You vvould inforce also , that if the father doth dissipate his patrimoniall estate , and runne a course to ruine his familie , the children and the wife may thervpon disauow their duties . But if vvee take a true touch of this point , we shall finde , that the vices of any Prince are not sufficient of themselues to ouerthrow a state , except therevpon rebellions be raised , vvhich vvill draw all things into confusion . For there is no Prince , vvhich either hath liued , or can almost be imagined to liue , in so little sence of humanitie , but generally he both fauoureth and maintaineth some order of iustice ; onely against particuler persons , some of them haue violently bene carried by the tempest of their passion , vvhereby notwithstanding the inordinate desires of one man , can not possibly reach to the ruine of all . So saith Suetonius , c that vnder Domitian the prouinces vvere vvell gouerned , onely certaine priuate men at Rome , felt the euill of his crueltie and other vices . But vvhen the people doe breake into tumult , then all course of iustice is stopped ; then is either assistance made , or resistance vveakned for forren inuasion ; then is euery one raysed into hope vvho cannot flye but vvith other mennes feathers ; then , as vvhen a fierce horse hath cast his rider , the reines are loosed to those insolencies , vvhich a dissolute people , nothing restrained either by honestie or feare doe vsually commit . For as it is the nature of men , vvhen they come out of one extremitie vvherin they haue bene houlden by force , to runne vvith a swift course into another , vvithout staying in the middest ; so the people breaking out of tyrannie , if they bee not helde back , vvill runne headlong into vnbrideled libertie ; and the harder they vvere kept vnder beefore , the more insolently vvill they then insult . I obserue that Saint Paul alleageth two reasons vvherefore vve should be obedient euen to vvicked and cruell Princes : one is for conscience sake , Beecause they are the ministers of God d , and in their royaltie doe beare his Image : Another , for the safetie , and tranquillitie of our selues ; that wee may lead vnder them a quiet and peaceable lyfe e . Wherevpon the prophet Ieremiah also exhorted the Iewes , to ●eeke the peace of the cittie vvhether they should be transported , because in the peace therof their quiet should consist : For by obedience , a few particulars remaine in daunger ; by rebellion , all ; by obedience , vve can be vnder the tyrannie but of one ; by rebellion , vve are exposed to the rapine and crueltie of many ; by the one nothing , by the other all things are permitted . Vpon this ground Saint Augustine saide ; g It is a generall couenant of humane societie to obey Kings ; And likewise Saint Ambrose h It is a great and speciall point of doctrine whereby Christians are taught to be subiect vnto higher powers . Three vvaies a cruell Prince may vvork violence against his subiects ; vpon their goods ; vpon their persons ; and vpon their consciences , by commaunding them to commit that which is euil . Of the first , Saint Ambrose saith : i If the Emperour demaundeth tribute , wee doe not deny him ; If he desireth fieldes , let him take them if he please : I doe not giue them to the Emperour ; but therewith also I doe not deny them . Of the second , Tertullian vvrighteth k as I haue alleaged him before : For vvhat vvar are vvee vnseruiceable or vnfit , although vnequall in number , vvho doe so vvillingly suffer death : yea , he vvas so farre from iudgeing it lawfull to resist , that he thought it scarce allowable to flye . In the third case , not your rule of law , but the rule of the Apostles taketh place , It is better to obey GOD then man : l vvhereby the subiect is not bound to yeeld obedience . But how ? hee is not bound to obey by doeing , but by suffering hee is : he is not bound to obey in doing that onely vvhich is euill ; but he is not thereby freed from doing any other thing which is lawfully commanded . S. Augustine saith m : Iulian was an infidell Emperour , an Apostata ; an Idolater ; christian soldiers did serue this infidell Emperour ; when hee would haue them worship Idols , and offer Frankencense vnto them , th●y preferred God before him : but when hee saide ; bring foorth the armie , march against such a nation ; they did presently obey . All this seemeth to bee confirmed by God himselfe , who after hee had forevvarned the people of Israell by the mouth of Samuell , what heauie , what open iniustice they should endure vnder some of their kings , hee concludeth in these words : and yee shall cry out in that day because of your king , and the Lord will not heare you . As if hee had said : you shall grudge at this burthen , you shall grone vnder it ; but you shall not haue power , either to shrinke from it , or to shake it off . Surely , if you had been aduised , you would priuily haue blowen your blasphemies into the eares of those ideots , who adore you for the great penitentiaries of the sea of Rome , & esteeme your idle imaginations as the articles of their faith : & not so publikely haue poured forth your self into these paradoxes , both impious & absurd ; not so boisterously haue stepped , like Hercules Furens , vpon the opē stage of the world , to denoūce depriuation against all princes . You would not thus confidently haue opposed your hot headed assertiō against al the ancient fathers of the church . You would not thus ignorantly haue troubled the waters of true humane wisdom , by corrupting the sence of the ciuell laws : you would not thus profanely haue abused the scriptures in maintaining rebellion , as coniurers doe in inuocating the diuell . For first , you are thereby discouered to be , neither religious , modest , nor wise : secondly , you haue runne your selfe into the compasse of a Canon , in the councell of Chalcedon . q Wherein it is thus decreed against you : If Clerkes shall be found to be contriuers of conspiracies , or raisers of factions , let them be degraded . After this you declare , who is a tyrant ; and that is a king , ( you say ) if once he doth decline from his dutie : which is a large description , and fit to set all christian countries on floate with bloud . Comines saith , that he is to be esteemed a good king , whose vertues are not ouerballanced by vice . I omit your thicke error in putting no difference betweene a magistrate and a king , with many other of like qualitie , and do come now to a principall point of your strength : that Christian princes at this day are admitted vpon conditions , and likewise with protestations , that if they do not performe the same , their subiects are free from all alleageance . This you will prooue by the particular oathes of all Princes , if the ouerrunning of your tongue may haue the ful course without encounter . To the fifth Chapter , which is entitled : Of the coronation of Princes , and maner of admitting to their authoritie , and the oathes which they do make in the same vnto the common wealth , for their good gouernment . FIrst I will preface ; that no Prince is soueraigne , who acknowledgeth himselfe either subiect or accomptable to any but to God ; euen as Marcus Aurelius said : That Magistrates were iudges of priuate men , and the Prince of Magistrates , and God of the Prince . In regard of this immediate subiection , Princes are most especially obliged to the lawes of God and of Nature : for r Baldus , s Alexander , t Speculator , u all interpreters , w the lawe it selfe , do affirme , that Princes are more strictly bound to these lawes , * then any of their subiectes . Whereof x Dionysius the Tyrant had some sence , when he sayd vnto his mother : That he was able to dispence with the lawes of Syracusa , but against the lawes of Nature he had no power . If therefore a Prince doth professe , that he will beare himselfe regardfull o● the accomplishment of these lawes , he doth not condition or restraine himselfe , but maketh an honorable promise of indeuour , to discharge his dutie ; being tyed thereby to no s●anter scope then he was before . The reason hereof is : y Quia expressio eius quod tacitè inest , nihil operatur : The expressing of that which is secretly vnderstood , worketh nothing . Againe , when the promise is not annexed to the authoritie , but voluntarily and freely made by the Prince , his estate is not thereby made conditionall . For the interpreters of the Ciuill lawe do consent in this rule : z Pacta conuenta quae contractibus non insunt , non formant actionem : Couenants which are not inherent in contracts , do not forme an action . * And therefore although by all lawes , both of conscience and state , a Prince is bound to performe his promise ; because ( as the Maister of sentences saith ) God himself will stand obliged to his word : yet is not the authoritie , but the person of the Prince hereby affected ; the person is both tyed and touched in honour , the authoritie ceasseth not , if performances do faile . Of this sort was that which you report of Traian , who in deliuering the sword to his gouernors , would say : If I raigne iustly , then vse it for me ; if otherwise , then vse it against me : but where you adde , that these are the very same words in effect , which Princes do vse at their coronations , ( pardon me , for it is fit I should be mooued ) you will find it to bee a very base 〈◊〉 lye . Of this nature was that also which the same Traian did , ( to encourage his subiects to do the like ) in taking an oath to obserue the lawes : which Pliny the younger did account so strange , as the like before had not bene seene . But afterward , Theodoric did follow that fact ; whereupon Cassiodorus saith : Ecce , Traiani nostri clarum seculis reparamus exemplum ; iurat vobis per quem iuratis : We repaire the famous example of Traian ; he sweareth to you by whome you sweare . So when king Henry the fifth was accepted for successour to the crowne of Fraunce , he made promise , to maintaine the Parliament in the liberties thereof . And likewise diuers Princes do giue their faith , to mainetaine the priuiledges of the Church , and not to change the lawes of the Realme : which oath is interpreted by * Baldus , a Panormitane , and b Alexander , to extend no further then when the lawes shall be both profitable and iust : because Iustice and the common benefit of subiects , is the principal point , both of the oath and dutie of a Prince , whereto all other clauses must be referred . And now to your examples . First , because in all the ranke of the Hebrew kings , you cannot find either condition or oath ; not : in the auncient Empires and kingdomes of the world ; not vsually in the ●lourishing time of the Romaine state , both vnder heathen and christian Emperors ; because these times are too pure for your purpose , you fumble foorth a dull coniecture : That forsomuch as the first kings were elected by the people , it is like that they did it vpon conditions and assurances for themselues . That the first kings receiued not their authoritie from the people , I haue manifested before c : and yet your inference hereupon is no other , then if you should sue in some Court for a legacie , alleadging nothing for your intent , but that it is like the Testator shold leaue you something ; in which case it is like ( I suppose ) that your plea wold be answered with a silent scorne . After a few loose speeches , which no man would stoupe to gather together , you bring in the example of Anastasius the first Emperour of Constantinople ; of whom the Patriarch Euphemius required before his coronation , a confessiō of the faith in writing , wherin he should promise to innouate nothing . And further , he promised to take away certaine oppressions , and to giue offices without mony . Let vs take things as they are , and not speake vpon idle imagination , but agreeable to sence : what either condition or restraint do you find in these words ? Condition they do not forme , because in case of failance they do not make the authoritie void : neither do they make restraint , because they containe no point , whereunto the lawe of God did not restraine him . All this he was bound to performe without an oath ; and if he were a thousand times sworne , he was no more but bound to perform it : euē as if a father should giue his word to cloath and feede his child ; or the husband to loue his wife ; or any man to discharge that dutie , which God and Nature doth require . It is true , that Anastasius was both a wicked man , and iustly punished by God for the breach of his faith ; but his subiects did neuer challenge to be free therefore from their alleageance . The same aunswere may be giuen to the promise , which Michael the first gaue to Nicephorus the Patriarch : That he would not violate the Ordinances of the Church , nor embrue his hands with innocent bloud ; especially if you take the word Ordinances for matters necessarie to be beleeued : but if you take it in a larger sence , then haue I also declared in the beginning of this chapter , how farre the promise doth extend . Your next example is of the Empire of Almaine ; from whence all that you obiect , doth fall within this circle . After the death of Charles the Great , the empire was held by right of succession , vntill his line was determined in Conrade the first . After whose death it became came electiue : first in Henry duke of Saxony , then in Otho his son ; and afterwards in the rest : from whom notwithstanding no other promise was wrested , but the discharge of that dutie , which they were enformed , or rather threatned , that God wold seuerely exact at their hands . But ( as in all electiue States it vsually hapneth ) at euery new change and choise , the Emperor was deplumed of some of his feathers , vntill in the end he was made naked of authoritie , the Princes hauing drawne all power to themselues . So by degrees the Empire was changed from a Monarchie to a pure aristocracie ; the Emperour bearing the title thereof , but the maiestie and puissance remaining in the States . During which weaknesse of the Emperour , some points were added to his oath , which seemed to derogate from the soueraigntie of his estate . But what is this to those Princes , who haue retained their dignitie , without any diminution , either of authoritie , or of honour . The like may be said of Polonia , which not many hundred yeares since was erected into a kingdome : and although the States did challenge therein a right of election , yet did it alwaies passe according to propinquitie of bloud , and was esteemed a soueraigne Monarchie ; vntill after the death of Casimire the Great , when Lodonicus his Nephew King of Hungarie , rather greedie then desirous to be king also of Polonia , did much abase the Maiestie thereof . Yet falling a●terward into the line of Iagello , who maried one of the daughters of Lodowicke , it recouered the auncient both dignitie and strength . But when that line also failed in Sigismond Augustus , the last male of that Familie , the States elected Henry Duke of Anjowe for their King , with this clause irritant ; That if hee did violate any point of his oath , the people should owe him no alleageance . But whereas you report this as the vsuall oath of the Kinges of Polonia , you deserue to heare the plainest tearme of vntruth . In the kingdome of Spaine you distinguish two times : one , before the conquest thereof by the Moores ; the other , after it was recouered againe by the Christians . I acknowledge a difference in these two times ; for that in the one , the right of the kingdome was electiue ; in the other , it hath alwaies remained successiue : insomuch as d Peter Belluga , a diligent writer of the rights of Arragon , doth affirme , that the people haue no power in election of the king , * except in case the line should faile . Concerning the matter in controuersie , you affirme , that the kings did sweare the same points in effect , which before haue bene mentioned . This wee must take vpon your forfeited faith , for you alleadge no forme of oath ; onely you write , that the fourth nationall Councell of c Toledo , with all humilitie conuenient did require , that the present king , and all other that should follow , would be meeke and moderate towardes their subiects , and gouerne them with iustice , and not giue sentence in causes capitall without assistance : declaring further , that if any of them should exercise cruell and proude authoritie , 〈◊〉 they were condemned by Christ , with the sentence of Excommunication , and separated to euerlasting iudgement . But what pang hath possessed your dreaming braines , to tearme this by a marginall note , Conditions of raigning in Spaine ? being no other then a reuerent and graue admonition of the dutie of a king , with a feareful declaration of the iudgment of God against wicked Princes . And that which was afterward decreed in the sixt Councell of Toledo : That the king should sweare , not to suffer any man to breake the Catholike faith , because it is a principall point of his dutie , his estate was not thereby made conditionall . The rest of this passage you fill vppe with froath of the antiquated lawe of Don Pelayo , prescribing a forme of inaugurating the Kinges of Spaine ; whereof there is not one point , either now in vse , or pertaining to the purpose . So miserable is your case , that you can write nothing therein , but that which is either impertinent or vntrue . For Fraunce , your first example is taken from the coronation of Philip the first : wherein you note , that king Henrie his father requested the people to sweare obedience to his sonne ; inferring thereby , that a coronation requireth a new consent , which includeth a certaine election of the subiects . But this is so light , that the least breath is sufficient to disperse it . Philip was crowned king during the life of his father : which action , as it was not ordinarie , so was it of such both difficultie and weight , that it could not be effected without assemblie and consent of the States . The oath which he made , is in this forme extant in the Librarie of Rheimes : I do promise before God and his Saints , that I will conserue to euery one committed vnto me canonicall priuiledge , & due Law & Iustice , and wil defend thē , by the helpe of God , so much as shall lye in my power , as a king by right ought to do within his Realme , to euery Bishop , and to the Church cōmitted to him : and further , to the people cōmitted to my charge , I wil grant by my authority the dispensatiō of laws according to right . Ad to this a more anciēt form of the oth of those kings , which it seemeth you haue not seene : I sweare in the name of God Almighty , & promise , to gouerne well & duly the subiects cōmitted to my charge , & to do with all my power , iudgement , iustice and mercy . Ad also the oath which you alleage of Philip the 2. surnamed Augustus : To maintaine all canonicall priuileges , law & Iustice due to euery mā , to the vttermost of his power ; to defēd his subiects as a good king is bound to do ; to procure that they be kept in the vniō of the Church ; to defend thē frō al excesse , rapine , extortion & iniquity ; to take order that Iustice be kept with equity & mercy ; & to endeuor to expell heretiks . What doth all this rise vnto , but a princely promise to discharge honorably and truly those points of duty , which the laws of God did lay vpō thē ? What other cōditions or restraints are imposed ? what other cōtract is hereby made ? where are the protestations which in the end of the last chap. you promised to shew , that if the Prince do faile in his promise , the subiects are free frō their allegeāce ? what clause do you find sounding to that sense ? But you litle regard any thing that you say ; you easily remēber to forget your word . Wel thē , we must put these your vaine speeches into the reckning of mony accōpted , but not receiued : and seeing you cannot shew vs , that the kings of France and of Spaine are tied to any condition , whereto the law of God doth not bind thē , I will not vary frō the iudgemēt of Ordradus f in affirming thē to be absolute kings . I haue pressed this point the rather in this place , because you write , that most neighbour nations haue takē the forme of annointing & crowning their kings , from the anciēt custome of France ; although the substāce be deduced from the first kings of the Hebrews , as appeareth by the annointing of king Saule : whereof Dauid ( you say ) made great accompt , notwithstanding that Saule had bene reiected by God , and that himselfe had lawfully borne armes against him . Out Atheist ; you would be dawbed with dung , & haue the most vile filth of your stewes cast in your face . Did Dauid beare armes against his annointed king ? did he euer lift vp his eye-lids against him ? did he euer so much as defend himselfe otherwise then by flight ? It is certaine that Shemei did not halfe so cruelly either curse or reuile this holy man , who did so much both by speech and action detest this fact , that he would rather haue endured ten thousand deaths , then to haue defiled his soule with so damnable a thought . What then shall we say vnto you , who to set vp sedition and tumult , abuse all diuine & humane wrightings , in whatsoeuer you beleeue will aduance your purpose ? who spend some speech of respect vnto kings for allurement onely , to draw vs more deepe into your deceit ? Shall we giue any further eare to your doctrine , both blasphemous and bloudy ? We will heare you to the end ; and I deceiue my selfe , but your owne tale shall , in any moderate iudgement , condemne the authoritie of your opinions for euer . Let vs come then to your last example ( which is neither the last nor the least whereat you leuell . ) And that is of England , which of all other kingdomes ( you say ) hath most particularly taken this ceremony of Sacring and annointing from France . Well , let the ceremonie be taken from whence you please : if the oath be no other then you do specifie , To obserue peace , honour and reuerence , vnto Almighty God , to his Church and to the Ministers of the same , to administer Law and Iustice equally to all ; to abrogate euill lawes and customes , and maintaine good ( which was the oath of king Richard the first ; the like whereto was that of king Iohn , altered only in the first branch : To loue and defend the Catholicke Church : ) If the oath be no other I say , I do not see what other answer you need to expect , but that it is onely a free royall promise , to discharge that duty which God doth impose . And this is plainely declared by the speech which you alleage , of Thomas Arundell Archbishop of Canterbury , to king Henry the fourth ; Remember ( saith he ) the oath which voluntarily you made : voluntarily he sayd , and not necessarily : it was voluntary in oath , but necessary in duty . That which you report also that Thomas Becket did write vnto king Henry the second , importeth nothing else but an acknowledgement of duty : Remember ( said he ) the confession which you made . I cannot omit your description of the manner of the Coronation in England . First ( you say ) the king i● sworne ; then the Archbishop declareth to the people what he hath sworne , and demaundeth if they be content to submit themselues vnto him vnder those conditions : whereunto they consenting , he putteth on the royall ornaments ; and then addeth the words of commission : Stand and hold thy place , and keepe thy oath . And thus you haue hammered out a formall election , supposing that you draw together the peeces of falshood so close , that no man can perceiue the seame . The truth is , that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne , did countenance his violence with the election of the people ; not at his Coronation , but in a Parliament that was holden before . And therefore you do impudently abuse vs ; First , in ioyning them together as one act ; Secondly , by falsifying diuerse points in both ; Lastly , by insinuating that the same order was obserued by other kings . The points which you falsifie are these : The interrogation of the Archbishop to the people : the absurd straining of these words , Stand , hold thy place , to be a Commission : the alleaging also out of Stow , 1. That the Archbishop did reade vnto the people , what the King was bound vnto by oath ; 2. That the Earle of Northumberland did shew a ring vnto the people , that they might thereby see the band whereby the king was bound vnto them ; 3. That the king did pray , that he might obserue his promise . In which composition of conceits , you shew how actiue you are in counterfaiting any thing , that may make to your purpose ; perswading your selfe , that it is no fraud vnto God , to deceiue the world in a lye for aduantage . King Edward the fourth also ( because his right was litigious , & another was in possession of the crowne ) strengthened , or rather countenanced his title with the approbation of the people . But where you write , that at the Coronation of King Edward the sixth , Queene Mary , and Queene Elizabeth , the consent and acceptation of the people was demanded : First , we haue no cause to credite any thing that you say ; then , although it be true , yet not being done in Parliament , it addeth no right vnto the Prince ; but is only a formality , a circumstance only of ceremony and order . Hereupon you conclude , that a king hath his authority , by agreement and contract betweene him & the people : insinuating thereby that he looseth the same , if he either violate or neglect his word . The contrary opinion , that only succession of bloud maketh a king , & that the cōsent of the people is nothing necessary , you affirme to be absurd , base and impious , an vnlearned , fond and wicked assertion ; in flattery of Princes , to the manifest ruine of common-wealths , and peruerting of all law , order and reason . I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter . But whosoeuer shall compare this confident conclusion with the proofes that you haue made , he will rather iudge you mad then vnwise . This bold blast , vpon grounds that are both foolish and false , bewrayeth rather want then weaknesse of wits . I am ashamed I should offer any further speech in so euident a truth : but since I haue vndertaken to combate an herisie , since the matter is of so great consequence & import , I purpose once againe to giue you a gorge . Learne then , heauy-headed Cloisterer , vnable to mannage these mysteries of State : Learne of me , I say ; for I owe this duty to all Christians : the Prophets , the Apostles , Christ himselfe hath taught vs , to be obedient to Princes , though both tyrants and infidels . This ought to stand with vs for a thousand reasons to submit our selues to such kings , as it pleaseth God to send vnto vs ; without either iudging or examining their qualities . Their hearts are in Gods hand ; they do his seruice , sometimes in preseruing , sometimes in punishing vs : they execute his iudgement both wayes , in the same measure which he doth prescribe . If they abuse any part of their power , we do not excuse , we do not extenuate it ; we do not exempt them from their punishment : let them looke vnto it , let them assuredly expect , that God will dart his vengeance against thē with a most stiffe and dreadfull arme . In the meane season , we must not oppose our selues , otherwise then by humble sutes and prayers : acknowledging , that those euils are alwayes iust for vs to suffer , which are many times vniust for them to do . If we do otherwise ; if we breake into tumult and disorder , we resemble those Giants of whom the Poets write ; who making offer to scale the skies , and to pul Iupiter out of his throne , were ouerwhelmed in a moment with the mountaines which they had heaped together . Beleeue it , Cloisterer ; or aske any man who is both honest and wise , and he will tell you : It is a rule in reason , a triall in experience , an authority confirmed by the best , that rebellion produceth more horrible effects , then either the tyranny or insufficiency of any Prince . To the sixth Chapter , whereof the title is : What is due to onely succession by birth ; and what interest or right an Heire apparant hath to the Crowne , before he is crowned or admitted by the commonwealth ; and how iustly he may be put backe , if he hath not the partes requisite . YOV begin ( after your manner ) with a carreir against Billay ; but because both I haue not seene what he hath written , and dare not credite what you report , I will not set in foote betweene you . In breaking from this , you preferre succession of Princes before free election , as well for other respects , as for the preeminence of auncetrie in birth , which is so much priuiledged in the Scripture : and yet not made so inuiolable ( you say ) but vpon iust causes it might be inuerted ; as it appeareth by the examples of Iacob , Iuda and Salomon . And this libertie you hold to be the principall remedie for such inconueniences as do ensue of the course of succession ; as if the next in birth be vnable or pernicious to gouerne : in which cases , if he be not capable of directions and counsels , you affirme that the remedie is to remoue him . And so you make succession and election , the one to be a preseruatiue to the other ; supposing , that the difficulculties of both are taken away : First , if ordinarily succession taketh place ; then , if vpon occasion we giue allowance to election . For the prerogatiue of birth , as also for the speciall choice which God hath often made of the yongest , I will remit my selfe to that which I haue written before g . At once : in those particular actions which God hath either done , or by expresse Oracle commaunded , contrarie to the generall lawes which he hath giuen vs ; as in the robberie of the Aegyptians , the extirpation of the Amalekites , the insurrection of Iehu , and such like ; we are bound to the law , and not to the example . God hath giuen vs a naturall law , to preferre the first borne ; he hath often made choice of the yongest , because he commonly worketh greatest effects , by meanes not onely weake , but extraordinary ; as it appeareth by the birth of Isaak . But that these speciall elections of God are not proposed for imitation to vs , hereby it is euident ; because they haue bene for the most part , without defect in the one , or demerite in the other . And especially in this example of Iacob and Esau ; Saint Paule sayth h that it was not grounded vpon their workes , but vppon the will and pleasure of God ; for before they had done good or euill , before they were borne , God sayd : i The eldest shall serue the youngest . Which if we might imitate , the priuiledge of birth were giuen in vaine . For your deuice in ioyning election to succession , whereby one of them should remedie the difficulties of the other , it is a meere vtopicall conceipt : what else shall I tearme it ? an imposture of state , a dreame , an illusion , fit only to surprise the iudgement of the weake and ignorant multitude . These toyes are alwaies hatched by the discoursiue sort of men , rather then the actiue ; being matters more in imagination then in vse : and herein two respects do principally oppose against you . The first is , for that in most nations of the world , the people haue lost all power of election ; and succession is firmely setled in one discent , as before I haue declared k The second is , for that more fierie factions are hereby kindled , then where succession or election are meere without mixture . For where one claimeth the Crowne by succession , and another possesseth it by title of election ; there , not a disunion onely of the people , not a diuision in armes , but a cruel throat-cutting , a most immortall and mercilesse butcherie doth vsually ensue . It is somwhat inconuenient ( I grant ) to be gouerned by a Prince either impotent or euill ; but it is a greater inconuenience , by making a breach into this high point of state , to open a way to all manner of ambitions , periuries , cruelties and spoile : whereto the nature of the common-people would giue a great furtherance , who being weake in wisedome , violent in will ; soone wearie of quiet , alwaies desirous of chaunge , and most especially in matters of state , are easily made seruiceable to any mans aspiring desires . This I haue manifested before l , by the examples of king Edward and king Richard , both surnamed the Second : who were not insupportable either in nature or in rule ; & yet the people more vpon wantonnes then for any want , did take an vnbridled course against them . And thus is your high pollicie nothing else but a deepe deceipt ; thus whilest you striue with the wings of your wit to mount aboue the cloudes of other mens conceipt , you sinke into a sea of absurdities and errors . After this , you determine two questions ; the first is , What respect is to be attributed to propinquitie of bloud onely . Whereto you answer , that it is the principall circumstance which leadeth vs to the next succession of the Crowne , if other circumstances and conditions doe concurre , which were appointed at the same time , when the lawe of succession was established . Assuredly you can neuer shewe either when , or by whome , this lawe of succession was first instituted , except perhappes by some Nimrod , when hee had brought the necke of a people vnder his sword : at which time , what conditions hee would set downe to bee required from his successour , any ordinarie iudgement may coniecture at ease . Well , since you set vs to seeke for proofe of this , to that which you haue written before , I will also send you backe to the same place m for your answer . The second question is , What interest a Prince hath to his kingdome , before he be crowned . This you resolue by certaine comparisons ; and first you write , that it is the same which the Germaine Emperour hath before his coronation . But that is so large , that some Emperours haue neuer bene crowned ; others haue deferred it for many yeares ; among which n Crantzius writeth , that Otho the first receiued the Crowne of the Empire , in the eight and twentieth yeare of his raigne . And yet is not this comparison full to the question propounded ; because in electiue states there is not held one perpetuall continuance of royaltie , as is in those that are successiue . And o Panormitane saith , That an argument a similibus is not good , if any difference can bee assigned . Much more vnfitly doe you affirme , that it is no greater then a Maior of London hath in his office , before hee hath taken his oath : for it is odiously absurd , to compare the authoritie of an absolute Prince by succession , to the authoritie of an Officer , both electiue and also subiect . But it is the example of mariage ( you say ) whereby this matter is made more plaine : for as in this contract there is an espousall , by promise of a future act , and a perfect mariage by yeelding present consent ; the first is , when both parties doe mutually promise that they will ; the second , that they do take one the other for husband and wife : so an heire apparant , by propinquitie of bloud is espoused onely to the Commonwealth , and maried afterward at his coronation , by oathes of either partie , and by putting on the ring , and other wedding garments . But how were Kings maried in former ages ? how are they now maried in those countries , where they haue neither ring , nor wedding garment , nor also any oath ? What ? is euery office and degree which is taken with ceremonie , to be esteemed likewise a mariage ? Or if you will haue coronation onely to bee a mariage , what else can it resemble , but the publike celebration of matrimonie betweene man and woman ? which addeth nothing to the substance of contract , but onely manifesteth it to the world . These pitifull proofes , naked of authoritie , emptie of sence , deserue rather to be excused then answered : I will helpe therefore in some sort to excuse them . They are the best that your starued both cause and conceipt can possibly affoord : and you haue also some fellowes in your folly . Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together . Nero was maried to a man , and tooke also a man to his wife . The Venetians doe yearely vpon Ascention day , by a ring and other ceremonies , contract mariage with the sea . But now in earnest ; men do dye whensoeuer it pleaseth God to call them : but it is a Maxime in the common law of England : Rex nunquam moritur ; The king is alwaies actually in life . In Fraunce also the same custome hath bene obserued ; and for more assurance it was expresly enacted vnder p Charles the fifth : That after the death of any king , his eldest sonne should incontinently succeede . For which cause the Parliamēt court of Paris doth accompanie the funeral obsequies of those that haue bene their kings , not in mourning attire , but in scarlet ; the true ensigne of the neuer-dying Maiestie of the Crowne . In regard of this certaine and incontinent succession , the q Glossographer vpon the Decrees noteth : That the sonne of a king , may be called King during the life of his father , as wanting nothing but administration : wherein he is followed with great applause by r Baldus , s Panormitane , t Iason , u Carol. Ruinus , w Andreas Iserna , Martinus , Card. Alexander , x Albericus , y Fed. Barbatius , z Philip Decius , & Ant. Corsetta , a Fra. Luca , b Matthe , Afflict . And the same also doth Sernius note out of c Virgil , where he saith of Ascanius : Regemque requirunt , his father Aeneas being yet aliue . But so soone as the king departeth out of life , the royaltie is presently transferred to the next successor , according to the lawes and customes of our Realme . All Writs go foorth in his name ; all course of iustice is exercised , all Offices are held by his authoritie ; all states , all persons , are bound to beare to him alleageance : not vnder supposall of approbation when hee shall be crowned , according to your dull and drowsie coniecture , but as being the true Soueraigne king of the Realme . He that knoweth not this , may ( in regard of the affaires of our state ) ioyne himself to S. Anthony , in glorying in his ignorance , & professing that he knoweth nothing . Queene Mary raigned three mon●ths before she was crowned , in which space the Duke of Northumberland and others were condemned and executed for treason : for treason I say , which they had committed , before she was proclaimed Queene . King Edward the first was in Palestina , when his father dyed ; in which his absence , the Nobilitie and Prelates of the Realme assembled at London , and did acknowledge him for their king . In his returne homeward , he did homage to the French king , for the lands which he held of him in France . He also repressed certaine rebels of Gascoine ; amongst whom , Gasco of Bierne , appealed to the court of the king of Fraunce : where king Edward had iudgement , that Gasco had committed treason d ; and therupon he was deliuered to the pleasure of king Edward . And this hapned before his coronation , which was a yeare and nine mon●ths after he began to raigne . King Henry the sixth was crowned in the eighth yeare of his raigne ; and in the meane space , not onely his subiectes did both professe and beare alleageance , but the King of Scottes also did sweare homage vnto him . What neede I giue any more either instance or argument , in that which is the cleare lawe , the vncontroulled custome of the Realme ? Against which notwithstanding your weather-beatē forehead doth not blush to oppose a blind opinion , that heires apparant are not true kings , although their titles be iust , and their predecessors dead . This you labour to prooue by a few drye coniectures , but especially and aboue all others ( you say ) because the Realme is asked three times at euery coronation , whether they will haue such a man to be their king or no. First , wee haue good reason to require better proofe of this question then your bare word : secondly , although we admit it to be true , yet seeing the aunswer is not made by the estates of the Realme assembled in parliament , but by a confused concurse ( necessarie Officers excepted ) of all sorts both of age and sexe , it is for ceremonie only , & not of force , either to giue or to increase any right . Another of your arguments is , for that the Prince doth first sweare to gouerne well and iustly , before the subiects take their oath of alleageance ; which argueth , that before they were not bound . And further you affirme , that it happened onely to king Henry the fifth , among his predecessors , to haue fealtie done vnto him , before hee was crowned , and had taken his oath . I confesse indeed , that Polydore and St●w haue written so ; but you might easily haue found that they write not true ; the one of them being a meere straunger in our state ; the other a man more to be commended for indeuour then for art . King Iohn being in Normandie when his brother dyed , sent into England Hubert Archbishop of Canterburie , VVilliam Marshall Earle of Strigvile , and Geoffrie Fitzpeter Lord chiefe ●ustice , who assembled the States of the Realme at Northhampton , and tooke of them an oath of obedience to the new king . Also king c Henry the third caused the Citizens of London , the Guardians of the Cinque-ports , and diuers others , to sweare fealtie to Prince Edward his sonne ; who being in Palestina when his father died , the Nobilitie and Prelates of the Realme assembled in the new temple at London , and did acknowledge him for their king . And in like manner , king Edward the third tooke an oath of all the Nobilitie of the Realme , of faith after his death to Richard Prince of Wales : and so did king Henry the first , for his daughter Mawde , and her yong sonne Henry . After the death of king Henry the fifth , that subiects did often sweare alleageance , before the coronation and oath of the king , you had neither countenance nor conscience to deny : but it was neither of these two which did restraine you ; it proceeded onely from the force of truth , which will manifest it selfe whatsoeuer art we vse to disguise it . For otherwise , what countenance , what conscience had you to affirme , that it is expresly noted by our English Historiographers : That no alleageance is due vnto kings , before they bee crowned ? Who are these Historiographers ? where doe they so write ? you that search euery dustie corner of your braines , for a fewe ragged reasons to vphold your heresie , should not either haue mentioned , or omitted such pregnant proofes : for in that you affirme , and do not expresse them , you condemne your selfe by your owne silence . If you meane that which you alleadge out of Polydore and Stowe : That an oath of fealtie was neuer made before coronation , vntill the time of king Henry the fifth ; it is neither true , nor to any such sence . If you meane that of Polydore in tearming Henry the fift , Prince and not King , before he was crowned ; in writing also , that the States did consult in Parliament , f of creating a new king after the custome of their auncestors : it is a sleepie ieast , to straine euery word in such an author to proprietie of speech . You might better haue cited , what certaine cities in Fraunce not long since alledged for themselues : That because they had not reputed Henry the fourth for their king , because they had not professed alleageance vnto him , they were not to be adiudged rebels : whereupon notwithstanding the chiefest Lawyers of our age did resolue , that forasmuch as they were originall subiects , euen subiects by birth ; they were rebels in bearing armes against their king , although they had neuer professed alleageance . And this is so euidently the lawe of the Realme , that it is presumption in vs both ; in you , to assay by your shallow Sophistrie to obscure or impugne ; in me , to indeuour by authorities and arguments to manifest or defend the same . But the admission of the people ( you say ) hath often preuailed against right of succession . So haue pyrates against merchants ; so haue murtherers and theeues against true meaning trauellers . And this disloyalty of the people hath moued diuerse kings to cause their sonnes to be crowned during their owne liues ; because the vnsetled state of succeeding kings doth giue oportunitie to bouldest attempts ; and not as you dreame , because admission is of more importance then succession . I will examine your examples in the Chapters following . In the meane time where you write , that king Henry and king Edward , both called the Fourth , had no better way to appease their minds at the time of their death , but by founding their title vpon consent of the people ; the Authors g which you cite do plainely charge you with vnexcuseable vntruth . King Edward neuer made question of his right : king Henry did , as some other Authors report h ; but applied no such deceiptfull comfort : this false skinne would not then serue to couer his wound . To the seuenth Chapter , which beareth title : How the next in succession by propinquity of bloud , haue oftentimes bin put backe by the commonwealth , & others further off admitted in their places , euen in those kingdoms where succession preuaileth ; with many examples of the kingdome of Israel and Spaine . HERE you present your selfe very pensiue to your audience , as though you had so ouer-strained your wits with store of examples of the next in succession not admitted to the state , that you had cracked the creadite of them for euer . But you are worthy of blame , either for endangering or troubling your selfe in matters of so small aduantage . I haue shewed before , that exāples suffice not to make any proofe ; and yet herein doth consist the greatest shew of your strength . It is dangerous for men to be gouerned by examples though good , except they can assure themselues of the same concurrence of reasons , not onely in generall , but in particularities ; of the same direction also and cariage in counsell ; and lastly , of the same fauourable fortune : but in actions which are euill , the imitation is commonly worse then the example . Your puffie discourse then is a heape of words without any waight ; you make mountaines , not of Mole-hils , but of moates ; long haruest for a small deale , not of corne , but of cockle ; and ( as one sayd at the shearing of hogges ) great crie for a little , and that not very fine wooll . Yea , but of necessitie something you must say : yea , but this something is no more then nothing . You suppose , that either your opinion will be accepted , more for authority of your person , then waight of your proofes ; or else that any words will slide easily into the minds of those , who are lulled in the humour of the same inclination ; because partialitie will not suffer men to discerne truth , being easily beguiled in things they desire . Besides , whatsoeuer countenance you cary , that all your examples are free from exception , yet if you had cast out those which are impertinent , or vniust , or else vntrue , you could not haue beene ouer-charged with the rest . Your first example , that none of the children of Saule did succeede him in the crowne , is altogether impertinent : because by particular and expresse appointment of God i , the kingdome was broken from his posteritie . We acknowledge that God is the onely superiour Iudge of supreme Kings , hauing absolute both right and power , to dispose and transpose their estates as he please . Neither must we examine his actions by any course of law , because his will is aboue all law . He hath enioyned the people to be obedient to their Kings ; he hath not made them equall in authoritie to himselfe . And whereas out of this example you deduce , that the fault of the father may preiudicate the sonnes right , although he had no part in the fault ; to speake moderately of you , your iudgement is either deceitfull or weake . God in his high Iustice , doth punish indeed the sinnes of parents vpon their posterity k : but for the ordinary course of humane iustice , he hath giuen a law , that the sonne shall not beare the iniquity of the father l : the equity wherof is regularly followed , both by the Ciuill m and Canon n law ; and by the interpretors of them both o Your second example is of King Salomon , who succeeded in the state of Dauid his father , notwithstanding he was his yongest sonne . But this example in many respects falleth not within the compasse of your case . First , because he was not appointed successor by the people : we speake not what the king and the people may do to direct succession , but what the people may do alone . Secondly , for that the kingdome was not then stablished in succession . Lastly , for that the action was led by two Prophets , Dauid and Nathan , according to the expresse choise and direction of God p : whereby it is no rule for ordinary right . Here many points do challenge you of indiscretion at the least . You write that Dauid made a promise to Bathsheba in his youth , that Salomon should succeed in his estate : but if you had considered at what yeares Salomon began to raigne , you should haue found , that Dauid could not make any such promise , but he must be a youth about threescore yeares of age . You write also , that Dauid adored his sonne Salomon from his bed : but the words wherewith Dauid worshipped were these q : Blessed be the Lord God of Israel , who hath made one to sit on my throne this day , euen in my sight : whereby it is euident , that Dauid adored God and not his son . This I note rather for obseruation of the loosenesse of your iudgement , then for any thing it maketh to the purpose . You are so accustomed to vntruths , that you fall into them , without either aduantage or end . The like answer may be giuen to your example of Rehoboam ; because God declared his sentence therein by two Prophets , Ahijah r and Shemaiah s . But for that the ten tribes reuolted from Rehoboam , vpō discontentment at his rough answer , and with dispite against Dauid and his house , and not in obedience to Gods decree , we cannot excuse them from offence , for which it turned to their destructiō . For hereupon , first they were separated both from the place & maner of the true worship of God ; thē , there arose vnappeasable war , betweene them & the tribe of Iudah ; then , insolencies following disorders , they were neuer long time free from conspiracies , diuisions and tumults : by which meanes being drained both of wealth and inhabitants , and reduced to a naked weaknesse , they were lastly caried captiue into diuerse farre countries , and strangers were sent to inhabite their cities . I must here also obserue a few of your interpretations , wherein your boldnesse is not limited with any bounds . It is to be noted ( you say ) that before Rehoboam went to Shechem to be admitted by the people , he was not accompted true King. I desire therefore that you would satisfie vs in these places following . Before Rehoboam went to Shechem , the Scripture saith , that Salomon died , and was buried , and Rehoboam his sonne raigned in his stead t . Againe , after the defection of the ten tribes it is sayd , that in the cities of Iudah Rehoboam did raigne still , u implying thereby , that in the other cities he raigned before . Againe , they are sayd to haue rebelled against the house of Dauid w . And lastly , Rehoboam raised all the strength of Iudah and Beniamin , to bring the kingdome againe vnto him x . Further you write , that ten tribes refused to admit Rehoboam ; but the Scripture saith that they rebelled y . What ? did God only allow hereof after it was done ? did he only permit the people to do it ? the Scripture testifieth that it was his decree , that it was his deed , and that he declared his will by Ahijah the Prophet z , during the life of Salomon , and for his sins . But these speciall warrants do not constitute a law ; they serue onely to make good the particular actions for which they are directed , and not to iustifie another the like . Lastly , S. Paule saith , that all things happened to the Iewes in figure ; vpon which place diuerse expositors haue noted , that the state of the Iewes was a figure of the Church of Christ : but that it was an example and patterne of all other states that should ensue , it shall be ranged among your cast conceipts . I refer me now to the iudgement of any man , who taketh not pleasure to beguile himselfe , whether you do not by art & trumpery manifestly abuse vs ; partly by incapacitie , & partly by deceipt , either corrupting or confounding whatsoeuer you take in hand . Your humor both discontented and vnquiet , hath armed your mind with bloudy desires , which haue edged you on to put fewell to those slames , which you shold endeuour to quench , though it were with your bloud . I will not stand vpon the particular examples of Spaine , as well for that the matter is both tedious and to litle purpose ; as also for that we haue small conformitie with the customes of that nation . Onely thus much in generall : We acknowledge that in auncient times the kingdome of Spaine was electiue , and therfore your examples drawne from thence are nothing pertinent . The examples of later times , are both few and vniust , caried onely by faction and by force ; as Garabay & testifieth of your example of Aurelio , and as by the example of D. Sancho el Brauo I haue declared before a . But you accompt faction to be the Common-wealth , and violence Iustice , when it may make to the furtherance of your affaires . The Historie of D. Berenguela I will briefly report , rather for the respect which guided the Castilians , then that I allow it for right which they did . Henry had two sisters , Donna Blanch the eldest , maried to Lewes the eight King of Fraunce ; and Berenguela the yongest , maried to Alphonso king of Leon. Henry dying without issue , the Castilians feared , if they should submit themselues vnto Blanch , that their state , being lesse then the state of Fraunce , would be made a member thereof , and gouerned as a Prouince , and not as a kingdome . And therefore they did rather chuse to professe allegeāce to the Lady Berenguela ; by which meanes , the kingdome of Leon was afterwards annexed vnto Castile , to the great encrease , both of dignitie and assurance to them both . I haue followed herein your owne Authors , not being ignorant that others of better name do write , that Berenguela was the eldest sister , as I shall haue occasiō hereafter to declare : but for the present let it be as you please ; and let vs weigh our owne wisdomes , not only in straining , but in forging titles , to incurre those mischiefes , which the Castilians reiected , a lawfull title to auoid . And this was also one of the motiues of the reuolt of Portugale , which is your last example ; although it had also ( as Garabay b writeth ) a concurrence of right . For Ferdinand king of Portugale , by his procurators , the Bishop of Ebora and others , did both contract and solemnize espousals with Elianor , daughter of Peter king of Aragon . But being entred into war with Henry king of Castile , & finding himself at some disaduātage , he forsooke the king of Arragōs daughter , & cōtracted himself to Elianor , daughter to the king of Castile , vpō very beneficiall conditions for his state . Afterward , falling into fancy with one of his subiects , named Elianor Telles de Meneses , wife to a noble man called Lorenzo Vasques de Acun̄a , he tooke her as his wife , and enforced her husband to auoid the Realme ; & had by her one only daughter , named Beatrix , who was ioyned in mariage to Iohn king of Castile . After the death of the king of Portugale her father , the king of Castile in the right of his wife , laid claime to that realme , & was accordingly acknowledged by the chiefe of the nobility and Prelats ; and in particular , by D. Iohn maister of Auis , her fathers base brother , who was then the most forward man in her fauour . But afterwards falling into quarrell , and hauing slaine the Count de Oren , he stirred the people against the Queene , & cōpelled her to quit the city . And after diuerse outrages and murthers , committed vpon the Bishop of Lisbone , an Abbesse , and many others , hee was first made gouernour of Portugall ; and then proceeding further , in an assembly of his partie gathered at Coimbra , he was made King. Garrabay writeth , c that the chiefest obiection against Beatrix was , because her mother was not King Ferdinands lawfull wife . And I beleeue you also , that they had a reflexe , not to loose the dignitie of their kingdome ( as now they haue done ) and be made subiect to the cruell both auarice and ambition of a more potent state . To the eighth Chapter , which is entituled , Of diuers other examples out of the states of France and England , for proofe , that the next in bloud are sometimes put backe from succession , and how God hath approued the same with good successe . YOur examples of France ( to which Nation wee are more neare both in scituation and lawes ) I will runne ouer with a swift course . Of the chaunge which twice hath happened in the whole race of the kings of France , I haue spoken before : d you seeme also either to threaten or presage the third chaunge , from the king who now raigneth , and other Princes of the house of Burbon . It was your desire , you applyed your endeuour , with all the power and perswasions you could make . You knit diuers of the Nobilitie in a trecherous league against him ; you incensed the people ; you drew in forren forces to theyr assistance : by which meanes , the Realme fell daily into chaunge of distresse , the men of armes making all things lawfull to their lust . The good did feare , the euill expect ; no place was free , eyther from the rage or suspition of tumult ; fewe to bee trusted , none assured , all things in commixtion ; the wisest too weake , the strongest too simple , to auoyde the storme which brake vpon them : the people ioyning to their miserable condition many complaints , that they had bene abused by you , in whose directions they founde nothing but obstinacie and rashnesse , two daungerous humours to leade a great enterprise . At the last , when lamentable experience had made that knowne vnto them , which they had no capacitie by reason to foresee , they expelled as well your company as counsell out of the Realme ; and so the firebrands which you had kindled , were broken vpon your owne heads ; hauing opportunitie by your iust banishment to enter into conscience , both of the weakenesse and wrong of your aduice . The partition of the Realme of France between Charles the great , and Carlomon his younger brother , and also the vniting thereof againe in Charles , after the death of Carloman , depended vpon the disposition of Pepin their father , and not vpon the election of the people . Girard saith , that e Pepin hauing disposed all things in his new Realme which hee thought necessarie for the suretie thereof , hee disposed his estate ; leauing the Realme of Noion to his sonne Charles ; and to Carloman his other sonne , that of Soissons , & that by the death of Carloman , both his place and his power did accrue vnto Charles . In this manner , the first of a family , who hath attained a kingdome , hath ordinarilye directed the succession thereof . The contention betweene Lewis le debonaire and his sonnes , according to your owne Author Girard , f proceeded and succeeded after this manner . Certaine Lords of France taking discontentment at the immoderate fauours , which the king shewed toward Berard his great Chamberlaine , conspired against him ; and for their greater both countenance and strength , drew his owne sonnes to bee of their faction . But Lewis brake this broile , more by foresight then by force ; and doing execution vpon the principall offenders , pardoned his sonnes . Yet they , interpreting this lenitie to slacknes of courage , rebelled againe , gathered a greater strength , & drew Pope Gregorie the fourth to bee a complice of their vnnaturall impietie : whereby it appeareth ( saith Girard ) that they are either foolish or mischieuous , who wil affirm , that euery thing is good which the Popes haue done . Afterward they tooke their father , vnder colour of good faith , and sent him prisoner to Tortone , & then at Compeigne assembled a Parliament , composed of their owne confederates , wherin they made him a Monke , & brought his estate into diuision & share . It is easie to coniecture ( saith the same Girard ) what miserable conditions the Realme then endured ; all lawes were subuerted , all things exposed to the rage of the sworde , the whole realme in combustion , and the people extreamely discontented at this barbarous impietie . In the ende Lewes , by the aide of his faithfull seruants was taken out of prison , and restored to his kingdome ; and his sonnes acknowledging their faulte , were receiued by him both to pardon and fauour . His sonne Pepin being dead , he diuided his Realme among his other three sonnes , Charles , Lewes , and Lothaire ; but Lewes rebelled againe , and was again receiued to mercie : lastly , hee stirred a great part of Germanie to reuolt , with griefe whereof the good olde man his Father died . After his death , Lewes and Lothaire , vpon disdaine at the great portion which their Father had assigned to their brother Charles , raised warre against him . The battaile was giuen , wherein Charles remained victorious , reducing them both vnder such conditions , as hee thought conuenient to impose . Loe heere one of your plaine and euident examples , which is so free from all exception . But mindes corruptly inclined , holde nothing vnlawfull , nothing vnreasonable , which agreeth with their passion . Loys le Begue , succeded after Charles , not as you affirme , by authoritie of the states , but ( as in France at that time it was not vnusuall ) by appointment of his father . And wheras you write , that Loys at his first entrance had like to haue bin depriued by the states , but that calling a Parlament , he made thē many faire promises to haue their good will ; it is a very idle vntruth , as appeareth by the Author whō you auouch . At his death , he left his wife great with childe , who afterward was called Charles the simple . But before he had accomplished the age of 12. yeares , there stept vp in his place , first Loys and Carloman his bastard brothers ; then Charles surnamed le Gros ; and after him Odo Earle of Paris . Then Charles the right heire attained the Crowne ; and then againe were raised against him , first Robert , Earle of Angiers ; and afterward Ralph king of Burgūdie . But where you attribute these mutations to the authoritie of the states , Girard saith , that they were by faction & vsurpation of such , who frō the weaknes of their Prince , did make aduantage to their owne ambition ; affirming plainly , that betweene the death of Loys le Begue , & Charles the simple , not one of them who held the crowne of the Realme was lawfull king g , noting further , that the first two races of Kings , were full of cruel parricides & murthers ; & that in those times the Realme was oftē trauelled with tempests of seditiō . Of the vsurpation of Hugh Capet I haue spoken before : Girard writeth , h that althogh he sought many shadowes of right , yet his best title was by force , which is the cōmō right of first vsurpers . And wheras you write , that Henry the first was preferred to the crowne of France before Robert his elder brother : First , it was not by appointment of the states , but of their father ; Secondly , Girard maketh the matter doubtfull , affirming , that some said he was the younger brother ; Lastly , it set vp a dangerous and doubtfull warre betweene them . Further , where you write , that William being a bastarde , succeeded Robert his Father in the Duchie of Normandie , notwithstanding the saide Robert left two brothers in life , it was at that time a custome in France , that bastards did succeed , euen as lawfull children . Thierry bastard of Clouis , had for his partage the kingdome of Austrasie , now called Lorraine . Sigisbert bastard of king Dagobert the first , parted with Clouis the twelfth , his lawfull brother . Loys and Carloman bastards of king Loys le Begue , raigned after their Father . But in the third race of the kings of France , a law was made , that bastards should not succeed in the Crowne ; and yet other bastards of great houses were stil aduowed , the French being then of the same opinion with Peleus in Euripides . k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Oftentimes many bastardes excell those that are lawfully borne : which is verified by Hercules , Alexander the great , Romulus , Timotheus , Themistocles , Homer , Demosthenes , Brutus , Bion , Bartolus , Gratian , Peter Lombard , Peter Comesior , Io. Andreas , and diuers other of most flourishing name . Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere . In the beginning of their raigne , you affirme that they had like to haue beene disinherited by the state , for the offences of their Father . You beare a minde charged with thoughtes vaine , busie and bolde , without any restreint either of honestie or of discretion . For how else could you here also affirme , that King Henry the third of England , was condemned by his Barons to be disinherited , for the fault of his Father ? It is vsuall with you in all your reports , either plainely to breake beyond the boundes of all truth , or grossely , ( for I cannot now say artificially ) to disguise it , with many false and deceiueable termes . But to conclude for the state of France , which is also to exclude whatsoeuer you haue said ; vnder the raigne of Charles the fift , l for the better establishment of this right , and for cutting of those calamities which accompanie vsurpatiō , there was a lawe made , that after the death of any King , the eldest sonne should incontinently succeede . We are now come to our English examples , of which you might haue omitted those of the Saxon kings ; as well for that there could be no setled forme of gouernment in those tumultuous times , as also for that our Histories of that age are very imperfect , not leading vs in the circumstances , either of the maner or occasion of particular actions : they declare in grosse what things were done , without further opening , either how or wherefore . But both these doe make for your aduantage : for who seeth not , that your exāples are chiefly bred in tempestuous times ; and the obscuritie of Histories will serue for a shadowe to darken your deceit . Well , let vs take both the times and Histories as they are . How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood ? Briticus left no children , and Egbert was descended of the blood royall , as Polydore affirmeth , m William Malmesbury n saith , that he was the only man aliue of the royall blood , being descended of Inegild , the brother of King Ina. How then is it true which you say , that Britricus was the last of the roial descēt ? and if it had beene so indeede , the right of election should then haue bene in the state . And thus you stumble at euery step , you entangle your selfe without truth or ende . You snatch at the words of Polydore , where he saith ; He is created king by consent of all : which doe imply no other sense , but that which a little after he saith ; That he was saluted king by all . So we finde also , that the like improper speech was vsed at the coronatiō of Philip the second , king of France , whereby the Archbishop of Reimes did challenge power in the right of his Sea , to make election of the king . That Adelstane was illegitimate , you follow Polydore , a man of no great either industrie or iudgement . William Malmesbury o accounted Egwina the mother of Adelstane , to be the first wife of king Edward his father : he termeth her also a noble woman , contrary to that which Polydore fableth . Henry Huntington , Roger Houeden and others , write no otherwise of him , but as of one that was lawfully borne . And in that you english these words of Polydore , Rex dicitur ; Rex a populo salutatur ; Hee was made king by the people : In that you affirme also , that for the opinion of his valure hee was preferred before his brethren which were lawfully borne , whome you acknowledge to be men of most excellent both expectation and proofe ; you doe plainly shewe , that vse hath made you too open in straining of truth . Eldred did first take vpon him but as Protector , because of the minoritie of the sonnes of Edmund his elder brother ; and afterward entred into ful possession of the Crowne . But that his nephewes were put backe by the Realme , it is your owne idle inuention ; it was no more the act of the realme , then was the vsurpation of King Richard the third . That Edwin was deposed from his estate , it is inexcusably vntrue . Polydore p writeth , that the Northumbrians and Mercians not fully setled in subiection , made a reuolt . Malmesburie q saith , that hee was maimed of a great part of his kingdome , by the stroke of which iniurie he ended his life . And whereas you write in commendation of King Edgar his next successor , that he kept a Nauie of 6600. shippes for defence of the Realme , you discouer your defectiue iudgement in embracing such reports for true . In that you say , that many good men of the Realme were of opinion , not to admit the succession of Etheldred after the death of his brother , I dare confidently affirme , that you doe not only tel , but make an vntruth ; hauing no author either to excuse or countenance the same . In that you write also , that betweene the death of Edmund Ironside , and the raigne of William Conquerour , it did plainly appeare what interest the Common-wealth hath to alter titles of succession ; it doth plainly appeare , that both your reason and your conscience is become slauish to your violent desire . For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes ? when Canutus had spread the winges of his fortune ouer the whole Realme , none hauing either heart or power to oppose against him , what choise was then left vnto the people ? what roome for right ? what man not banished from sobrietie of sence woulde euer haue saide , that hee was admitted king by the whole Parliament and consent of the Realme ? It is true , that after he had both violently and vniustly obtained full possession of the Realme , slaine the brother of Edmund Ironside , and conueied his children into Sueden , he assembled the Nobilitie , and caused himselfe to be crowned king : but neither the forme nor name of a Parliament was then knowne in Englande ; and if coronation were sufficient to make a title , no king should be accounted to vsurpe . Of Harold the first , the naturall sonne of Canutus , our Histories doe verie differently report . Saxo Grammaticus writeth , that he was neuer king , but that he died before his Father . Henry of Huntington reporteth , that he was appointed but as Regent for his brother Hardicanutus . Others write , that apprehending the opportunitie of his brothers absence , he inuaded Northumberland and Mercia , by force of the Danes who were in Englande , wherevpon the Realme was diuided , one part holding for Harolde , and another for Hardicanutus , who was in Denmarke . But because hee delayed to come into England , they all fell , rather not to denie then to acknowledge Harold for their king . Take now which of these reports you please , for all do serue to your purpose alike . Hardicanutus after the death of Harold , came out of Denmarke into Englande : and the people hauing their courages broken with bondage , were easie to entertaine the strongest pretender . But after his death , diuers of the Nobilitie , especially Godwine Earle of Kent , rising into hope to shake off theyr shoulders the importable yoake of the Danes , aduaunced Edwarde the sonne of Etheldred to the Crowne , as being the next of the race of the Saxon Kings , though not in blood , yet at hand ; for Edward the outlawe his elder brother , was then in Hungarie : and feare being the only knot that had fastened the people to the Danish Kings , that once vntied , they all scattered from them , like so many birdes whose cage had bene broken . Edward being dead , Harold the sonne of Godwine vsurped the kingdome : for as Malmesburie saith ; r By extorted faith frō the nobilitie he fastned vpon the Crowne a forceable gripe : Henry Huntington also , and out of him Polydore doe write , that vpon confidence of his power he inuaded the Crowne s : which vsurpation gaue both encouragement and successe to the enterprise of the Normanes . This short passage of Historie you doe defile with so many vntruthes , that it seemeth you haue as naturall a gift to falsifie , as to eate , drinke , or sleepe . But where you write that William the Conqueror formed any title by cōsent of the realme , you grow into the degree of ridiculous . We finde that he pretended the institution of king Edward , which had neither probabilitie norforce ; and that he was nearer to him in blood , then Harold the vsurper : but that hee euer pretended the election of the people , it is your own clowted cōceit . For whē he had rowted the English armie in the field , when hee had sacked their Townes , harried their Villages , slain much people , and bent his sworde against the brests of the rest , what free election could they then make ? Your selfe acknowlede also in another place , t that hee came to the Crowne by dinte of sworde ; and at his death his owne conscience constrained him to confesse , that hee tooke it without right u . And in that the Pope and the French King fauoured his enterprise , it is not materiall , this was not the first iniustice which they haue assisted . Neither was it the Popes hallowed banner ( as you affirme ) but the bowe and the arrowe , the only weapon of aduantage long time after to this Nation , whereby hee did obtaine the victorie . One helpe hee had also within the Realme , for that King Edward had aduanced diuers Normans , to high place both of dignitie and charge ; who gaue vnto him muche secret both incouragement and assistance in his attempt . And thus in all these turbulent times , you are so farre from finding fiue or sixe , that you are short of any one , who was made King by free authoritie of the people . King William Rufus made no other title to the Crowne , but the testament of his Father : For often vse hath confirmed it for lawe , that a Victor may freely dispose of the succession of that state , which hee hath obtained by the purchase of his sword . * The conquerer disinherited his eldest son Robert , for that , knitting with Philip King of France , he inuaded , wasted and spoiled Normandie , and ioyned in open battell against his father , wherein the father was vnhorsed and wounded , and brought to a desperate distresse of his life . Herevpon he cast forth a cruel curse against his sonne , which he could neuer be entreated to reuoke : in so much as vpō his death-bed he said of him w , that it was a miserable countrey which should bee subiect to his dominion , for that he was a proud and foolish knaue , & to be long scourged with cruell fortune . And wheras you write that at the time of his fathers death he was absent in the warre of Hierusalem , it is a very negligent vntruth . But it is an idle vntruth that you write , that Henry the first had no other title to the crowne , but the election of the people . He neuer was elected by the people ; he neuer pretended any such title . Nubrigensis x & after him Polydore y do report , that he laid his title , because he was borne after his father was king . Malmesburie z saith ; Henry , the youngest sonne of William the great , being an Infant , according to the desires and wishes of all men was excellently brought vp , & because he alone of all the sonnes of William , was princely borne , and the kingdome seemed to appertaine vnto him . He was borne in England in the third yeare after his father entred into it . And this was the like controuersie to that which Herodotus a reporteth , to haue happened betweene the sonnes of Darius , the sonne of Hystaspis , king of Persia , when hee prepared an expedition against the Grecians and Aegyptians : because by the lawes of Persia , the king might not enter into enterprise of armes , before he had declared his successor . Darius had three children before he was king , by his first wife , the daughter of Gobris : and after he attained the kingdome he had other foure , by Atossa , the daughter of Cyrus . Artabazanes was eldest of the first sort ; Xerxes of the second . Artabazanes alledged , that he was eldest of all the Kings children ; and that it was the custome amongst all men , that the eldest should enioy the principalitie . Xerxes alledged , that he was begotten of Atossa , the daughter of that king , by whose puissance the Persians had gained , not onely libertie , but also power . Before Darius had giuen sentence , Demaratus the sonne of Aristo , cast out of his kingdome of Sparta , came vnto Xerxes , and aduised him to alledge further , that he was the eldest sonne of Darius after he was king : and that it was the custome of Sparta , that if any man had children in priuate estate , and afterward an other sonne when he was king , this last sonne should be his successor : vpon which ground Darius pronounced in the behalfe of Xerxes . The same historie is reported by Iustine b , and touched also by Plutarch c , although they differ , both from Herodotus , and one frō the other in some points of circumstance . Hereto also agreeth that which Iosephus writeth d , in reprehending king Herod , for excluding Alexander and Aristobulus his sonnes , and appointing Antipater , borne to him in priuate estate , to succeed in his kingdome . Many great Lawiers haue subscribed their opinions to this kinde of title ; and namely Pet. Cynus , Baldus , Albericus , Raph. Fulgosius e , Rebuffus f ; and Anto. Corsetta g deliuereth it for a common opinion . But with this exception , if the kingdome be acquired by any other title then by succession , according to proximitie in bloud : for in this case , because the dignitie is inherent in the stocke , the eldest sonne shall succeede , although he were borne before his father was King h . And therefore Plutarch writeth i that after the kingdome of Persia was setled in succession , when Darius the King had foure sonnes , Artaxerxes the eldest , Cyrus the next , and two other ; Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome , pressed in his behalfe the same reason wherewith Xerxes had preuailed before : affirming , that shee had brought forth Artaxerxes to Darius , when hee was a priuate man ; but Cyrus , when he was a king . Yet Plutarch writeth , that the reason which shee vsed was nothing probable ; and that the eldest was designed to be King. Howsoeuer the right stoode betweene Robert Duke of Normandie , and his younger brothers , the facte did not stande eyther with the quiet or safetie of the Realme . For , during the raigne of VVilliam Rufus , it was often infested vpon this quarell , both with forren armes and ciuill seditions ; which possessed all places with disorder , and many also with fire , rapine and bloud , the principall effects of a li●entious warre . These mischiefes not onely continued but encreased in the raigne of King Henry , vntill Robert the eldest brother was taken prisoner in the fielde , which put a period to all his attempts . So dangerous it is vpon any pretence to put bye the next in succession to the crowne . This Henry the first left but one daughter , and by her a young sonne named Henry , to whom hee appoynted the succession of the Realme : and tooke an oath of all the Bishops , and likewise of the Nobilitie , to remaine faithfull vnto them after his decease . Yet you write , that because Stephen , sonne of Adela , sister to King Henry , was thought by the states more fit to gouerne , he was by them admitted to the Crowne . In which assertion , you cannot be deceiued , you do not erre ; but your passion doth pull you from your owne knowledge and iudgement . Polydore writeth , k that hee possessed the kingdome contrary to his oath , for which cause the mindes of all men were exceedingly mooued : some did abhorre and detest the impietie ; others , and those very fewe , vnmindefull of periurie , did more boldely then honestly allowe it , and followed his part . Further he saith , l that he was crowned at Westminster , in an assembly of those noble men who were his friendes . Nubrigensis affirmeth , that m violating his oath hee inuaded the kingdome . William Malmesburie , who liued in King Stephens time , saith n ; that he was the first of all lay men , next the King of Scots , who had made oath to the Empresse Mawde ; and that he was crowned , o three Bishops being present ( of whom one was his brother ) no Abbot , and a very fewe of the Nobilitie . Henry Huntington , who liued also in the same time , saith p ; that by force and impudencie tempting God , he inuaded the Crowne . Afterward he reporteth q , that being desirous to haue his sonne Eustace crowned king with him , the Bishops withstood it , vpon commaundement from the Pope : because hee tooke vpō him the kingdom against his oath r , Roger Houeden writeth s , that he inuaded the Crowne in manner of a tempest . This is the report of those writers who came nearest , both to the time and truth of this action : whom other Authors do likewise follow . Polydore t , and after him Hollingshead do write , that he tooke vpon him the Crowne , u partly vpon confidence in the power of Theobald his brother , Earle of Blois ; and partly by the aid of Hen. his other brother Bishop of Winchester . Walsinghame addeth w , that Hugh Bigot , who had bene King Henries Steward , tooke an oath before the Archbishoppe of Canterburie , that King Henry at his death appointed Stephen to be his successour . Wherevpon the Archbishop and a fewe others were ouer-lightly ledde , like men blinded with securitie , and of little foresight : neuer considering of daungers , vntill the meanes of remedie were past . You write that they thought they might haue d●ne this with a good conscience , for the good of the Realme . But what good conscience could they haue in defiling their faith ? such consciences you endeuour to frame in all men , to breake an oathe with as great facilitie , as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme ? The Nobilitie were set into factions ; the common people into diuision and disorder : and as in warres where discipline is at large , there insolencies are infinite ; so in this confusion of the state , there was no action which tended not to the ruine thereof ; the liues and goods of men remaining in continuall pillage . Polydore saith x : Matrons were violated , virgins rauished , Churches spoiled , Townes and Villages rased , much cattle destroied , innumerable men slaine . Into this miserable face of extremities the Realme did fall ; & into the same againe you striue to reduce it . But you say , that for the ending of these mischiefes , the States in a Parliament at Wallingford made an agreement , that Stephen should be King during his life , and that Henry and his offspring should succeede after his death . A man would thinke you had a mint of fables ; there is no historie which you handle , but you defile it with apish vntruthes . All our histories agree , that king Stephen , vnable to range things into better forme , did adopt Henry to be his successor . The second Huntington faith y , that this agreement was mediated , by the Archb. of Cant. and the Bishop of Winchester , who repented him of the furtherance he gaue to the aduancement of king Stephen , when he sawe what miseries did therevpon ensue . The like doth Houeden report z : and Holingshead & setteth downe the forme of the charter o● agreement betweene them ; whereby it is euident , that it was a transaction betweene them two , and no compulsorie act or authoritie of the State. I denie not but some Authors affirme , that the King assembled the Nobilitie , but neyther were they the States of the Realme , neither were they assembled to any other ende , but to sweare fealtie vnto Henry , sauing the kings honour so long as hee should liue . After the death of King Richard the first , you affirme that the succession was againe broken ; for that Iohn , brother to King Richard , was admitted by the States , and Arthur Duke of Britaine , sonne to Geoffrye , elder brother vnto Iohn , was against the ordinarie course of succession excluded . Well sir , I arrest your worde ; remember this I pray you , for I will put you in minde thereof in an other place . That which here you affirme to be against the ordinarie course of succession , you bring in an other place for proofe , that the Vncle hath right before the Nephewe . You do wildely wauer in varietie of opinion , speaking flatte contraries , according as the ague of your passion is eyther in fitte or intermission . The Historie of King Iohn standeth thus . King Richard the first dying without issue , left behinde him a brother named Iohn , and a Nephewe called Arthur , sonne of Geoffrye , who was elder brother vnto Iohn . This Arthur was appointed by King Richard to succeede in his estate , as Polydore writeth a . Nubrigensis saith , that he should haue bene established by consent of the Nobilitie , if the Britaine 's had not bene so foolishly , eyther suspitious or fonde , that when King Richard sent for him , they refused to commit him into his Vncles hands . But after the death of king Richard , his brother Iohn seized vpon his treasure in Normandie , came ouer into England , and in an assembly onely of the Nobilitie , was crowned king . Of these , many he wonne with such liberall protestations and promises , as men carelesse of their word are wont to bestowe : others were abused by the perswasions of Hubert Archbishop of Canterburie , and a fewe others ( saith Polydore b ) not well aduised . Nic. Triuet saith c , that Iohn pretended for his title , not the election of the people , but propinquitie of bloud d , and the testament of king Richard. The same also is affirmed by Walsingham e . And this is the question betweene the Vncle and the Nephewe , of which I shall haue occasion to speake hereafter . But Polydore saith f , that diuers noble men did account this to be a fraudulent iniustice , and therevpon did ominate those euils which afterward did ensue . And when the Archbishop was charged , that vnder colour of reason , partly subborned , and partly weake , he had bene the occasion of all those mischiefes . Polydore g saith , that he was both grieued and ashamed at nothing more ; Rog. Wenden affirmeth , that he excused himselfe , that he did it vpon oracles , and by the gift of prophesie . King Iohn hauing locked himselfe into the saddle of state , made one wrong which he had done , to be the cause of a greater wrong ; by murthering his Nephew , Arthur , Duke of Britane , whose inheritāce he did vniustly vsurpe . For this fact the French king depriued him of all the landes which he helde in fee of the crowne of France , & prosecuted the sentence to effect . After this , as men are easily imboldened against an vsurper , when once he declineth eyther in reputation or in state , diuers of the Nobilitie , especially they of the North , confederated against him : but being neither able to endure his warre , nor willing to repose trust in his peace , they cōtracted with Lewis the French kings sonne , to take vpon him to be their king . And so it often happeneth in ciuill contentions , that they who are weakest , do runne with a naturall rashnesse to call in a third . Lewes being arriued vpon the coast of Kent , the Nobilitie of that faction h , came and sware alleageance vnto him . The Londoners also , many vpon an ordinarie desire to haue new kings , others for feare , and ●ome for company , ioyned to the reuolt . Hereof a lamentable presence of all miseries did arise , whereby as well the libertie as the dignitie of the Realme , were brought to a neare and narrowe iumpe . The poore people , naked both of helpe and hope , stood at the curtesie and pleasure of the men of armes ; the libertie of warre making all things lawfull to the furie of the strongest . The Nobilitie , feeling much , and fearing more the insolencie of the French Natiō , who ( as Vicount Melin a noble mā of France confessed at his death ) had sworne the extirpation of all the noble bloud in the Realme , began to deuise , how they might returne into the alleageance of king Iohn : in so much as a litle before his death , Letters were b●ought vnto him from certaine of his Barons , to the number of fortie , who desired to be receiued againe into his peace . But after his death , which happily did happen within fiue moneths after the arriuall of the French , both their hatred and their feare being at an ende , they were all as readie to cast out Lewes , as they had bene rash to call him in . This History you corrupt with verie many odious vntruthes , which are more harsh to a well tuned eare , then the crashing of teeth , or the grating of copper . As namely in affirming , that Arthur was excluded , and Iohn crowned King by the states of the Realme ; that God did more defend this act of the Common-wealth , then the iust title of Arthur ; that by the same states , king Iohn was reiected , Prince Hēry his sonne depriued , and Lewes of France chosen to be king ; that the same states recalled their sentence against Prince Henry , disanulling their oathe and alleageance made vnto Lewes . A shamelesse tongue , gouerned by a deceitfull minde , can easily call , faction , the Common wealth ; rebellion , a iust and iudiciall proceeding ; open an often periurie , an orderly reuoking of a sentence ; Gods secret iudgement in permitting iniustice to preuaile , a plain defence and allowance thereof . Of the diuision of the houses of Lancastar and Yorke , it is but little that you write , whereto I haue fully answered before : you do wisely to giue a light touch to this example , it is so hotte that it will scalde your throate . King Henry the fourth , more caried by cursed ambition , then either by necessitie or right , laide an vniust gripe vpon the Realme , which afterward he did beautifie with the counterfeit titles of conquest and election . So violent are the desires of Princes to imbrace streined titles , by whiche they may disturbe the states of other ; not remembring , that right may be troaden downe , but not troaden out ; hauing her secret both meanes to support , and seasons to reuiue her . For although the lawfull successor did warily strike saile to the tempest , because neither the time running , nor the opportunitie present ( which are the guiders of actions ) did consent as then to enter into enterprise . Yet so soone as one heare of occasion was offered , his progenie did set vp a most doubtfull warre , wherein thirteene battailes were executed by English-men only , and aboue fourescore Princes of the royall blood slaine . Loe now the smiling successe of these vsurpations ; loe what a deare purchase of repentance they did cause ! Were it not that passion doth blind men , not only in desire but in hope , they might suffice to make vs aduised , to keepe rather the knowne & beaten way with safetie , then vpon euery giddie and brainlesse warrant to engulphe our selues in those passages , wherein so many haue perished before vs. It belongeth to wise men to auoide mischies ; and it is the reward of fooles to lament them . Goe too then , conclude if you please that the people are not bound to admit him to the Crowne , who is the next successor by propinquitie of blood ; but rather to weigh , whether it is like that hee will performe his charge , or no. Conclude this ( I say ) to be your opinion ; and that it seemeth to you to be conforme to all reason , lawe , religion , pietie , wisedome and policie , and to the custome of all Common wealthes in the world : and I wil assuredly conclude against you , that you prate without either warrant or weight . To the ninth Chapter , which beareth title , VVhat are the principall points which a Common-wealth ought to respect in admitting or excluding any Prince , wherein is handled largely also , of the diuersitie of religions , and other such causes . IN this passage you handle what cause is sufficient , either to keepe in , or to cast the next in blood out of state . In which question you determine , that God doth allowe for a iust and sufficient cause , the will & iudgement of the people . Your reason is , for that they are the iudge of the thing it selfe , and therefore they are the iudge also of the cause . Your antecedent you proue ; First , for that it is in their owne affaire ; secondly , for that it is in a matter that hath his whole beginning , continuance and substance from them alone . Your cōsequence you proue by a whole lump of lawe , in alleaging the entire bodie of the ciuil and Canon lawe , assisted also with great reason . Diogenes said of a certain Tumbler , that he neuer sawe man take more paines to breake his necke . In like sort we may say of you ; It is hard to finde a man that hath more busied his wittes , to ouerthrow the opiniō of his wisedome . For the first proofe of your antecedēt , is not only of no force for you , but strong against you ; because no man is a competent iudge in his owne cause ; no man can bee both partie and iudge : whereto I wil adde , that no inferiour hath iurisdiction ouer the superiour , much lesse the subiect against the Soueraigne . Your second proofe , that all the power of a King hath dependency vpon the people , I haue sufficiently encountred before h . And if your consequence were true , that whosoeuer is iudge of a thing , is iudg also without controwlment of the cause ; if this were as agreeable to all lawes as you make countenance , then were all iudgements arbitrarie ; then could no appeale be enterposed , for giuing sentence without iust cause ; then were it false which Panormitane writeth l , that a false cause expressed in a sentence maketh it voide . What shall I say ? what doe you thinke ? doe you think that these fat drops of a greasie brain , can bring the tenure of a crown to the wil of the people ? what are you who endeuour thus boldly to abuse both our iudgement & conscience ? Are you religious ? are you of ciuil either nature or education , who vnder the name of Ciuilian do open the way to all maner of deceits , periuries , tumults & treasons ? What are you ? For you shewe your selfe more prophane then Infidels ; more barbarous then Caniballs , Tartarians , Moores & Mammelucks ; who though they beare themselues in nothing more then hatred and cōtempt , yet do they both loue & honor their kings . I see what you are , the very true follower of the Anabaptists in Garmanie , who openly professed , that they must ruinate the state of kings . And who can assure vs ( for your corrupt dealing make all suspitions credible ) that you doe not also follow them both in desire and hope , to imbrace the Monarchy of the whole world . The difference betweene you is this : they pretended reuelation for their warrant : you worke by deceitfull shewe of reason , by falsly either alleaging , or wresting , or corrupting both humane and diuine authoritie . In what miserable condition should Princes liue , if their slate depended vpon the pleasure of the people , in whom company taketh away shame , and euery man may laie the fault on his fellow ? How could they commaund ? who would obey ? what could they safely either doe or omit ? Who knowes a people , that knoweth not , that suddain opinion maketh them hope , which if it be not presently answered , they fall into hate ? choosing and refusing , erecting and ouerthrowing , as euery winde of passion doth puffe . What staiednesse in their will or desire ? which hauing so many circles of imagination , can neuer be enclosed in one point . And whereas you write , that God alwaies approueth the will and iudgement of the people , as being properly the iudge of the whole businesse ; and that euery particular man must simply submit himselfe therevnto , without further inquisition , although at diuers times they determine contraries , ( as they did betweene the houses of Lancaster and Yorke ) because we must presume that they were ledde by different respects . You seeme not obscurely to erect thereby another priuiledged power vppon earth ; which cannot erre , which doth not deceiue . But it may be some honest minded man will say , that howsoeuer you write , your meaning was otherwise ; you write also afterward , that in two cases euery priuate man is bounde to resist the iudgement of the whole people , to the vttermost extent of his abilitie . Well then , let vs take you for a man , whose sayings disagree , both from your meaning , and betweene themselues : let vs consider what are your two exceptions . The first is when the matter is carried , not by way of orderly iudgement , but by particular faction of priuate men , who will make offer to determine the cause , without authoritie of the Realme committed vnto them . But this exception is so large , that it deuoureth the whole rule : for in actions of this qualitie , the originall is alwaies by faction ▪ the accomplishment by force , or at least by feare , howsoeuer they are sometimes countenanced with authoritie of the state . So Sylla , hauing brought his legions within the walles of Rome , obteined the lawe Valeria to be published , whereby he was created Dictator for 24. yeares : by meanes of which force , Cicero affirmeth m that it was no lawe . Likewise Lawrence Medices , hauing an armie within Florence , caused , or rather constrained the Citizens to elect him Duke . When Henry the fourth was chosen king , ho held fortie thousand men in Armes . And this is most euident by your owne example , of foure contrary actes of Parliament which at diuers times were made , during the contention betweene the families of Lancastar and Yorke , not vpon different reasons , as with little reason you affirme , but vpon different successe of either side . In matters of this moment , the orderly course of proceeding is onely by Parliament . The Parliament must bee summoned by the Kings vvrit , and no act thereof hath life , But by expresse consent of the King. If this forme had alvvayes beene obserued , neyther our Kinges should haue beene deposed , nor the next successours excluded , nor the title of the crowne entangled , to the inestimable both weakning & waste of all the Realme . Your second exceptiō is , when such a man is preferred to the crowne , by whō God is manifestly offended , & the realme preiudiced or endangered : in which case ( you say ) euery man , with a free and vntrowled conscience , may resist what he can . It was euen here I looked for you . Your broyling spirits do nothing else but fling firebrands , & heape on wood , to set kingdomes in combustiō . What rebellion , what reuolt hath euer bin made , but vnder some of these pretenses ? what Princes actions , either by malicious or ignorant interpretation , may not easily be drawen to one of these heades ? you are a nursery of war in the common-wealth : a Seminary of schisme & diuisiō in the church : In sum , all your actions , all your thoughts are barbarous & bloody . You write much of right & iustice , but you measure the right & iustice of a cause , by the aduantage of your owne affaires . You speak as hauing a tender touch of the glorie of God ; but you stretch out your throate with high wordes of contradiction against him . You make shew of care to pre●erue the state , but you are like the Iuy , which ●eemeth outwardly both to imbrace and adorne the wall , whereinto inwardly it doth both eate & vndermine . For what meanes either more readie or forceable to ouerthrow a state , then faction and intestine quarels ? and what other milke doe you yeelde ? what are your opinions ? what your exhortations ? but either to set , or to holde vp sedition and bloodshead ? Saint Paule teacheth vs not to resist higher powers n , although both cruel and prophane ; you teach vs to resist them what we can : the Apostle is followed of al the auntient Fathers of the church ; you are followed of those only who follow the Anabaptists . For my part , I had rather erre with the Apostle in this opposition , then holde truth with you . But I will speake more moderately in a subiect of such nature ; I wil not say thē that I had rather erre , but that I shall lesse feare to erre in not resisting with the Apostle , thē in resisting with you . New councels are alwaies more plausible then safe . After you haue plaide the Suffenus with your selfe , in setting the garland vpon your owne head , and making your imaginarie audience to applaude your opinion , as worshipfully wise , you proceede to declare what ought chiefly ●o be regarded , in furthering or hindering any Prince towards the Crowne . Three points ( you say ) are to bee required in euerie Prince , religion , chiualrie and iustice ; and putting aside the two last , as both handled by others , and of least importance , you assume onely to treate of religion ; wherein , eyther errour or want doth bring inestimable damage to any state . You drawe along discourse , that the highest end of euery Common-wealth , is the seruice & worship of God ; and consequently , that the care of religion is the principall charge which pertaineth to a King. And therfore you conclude , that whatsoeuer prince doth not assist his subiects to attaine this ende , omitteth the chief part of his charge , & committeth high treason against his Lord , and is not fit to holde that dignitie , though he performe the other two partes neuer so well . And that no cause can to iustly cleare the conscience , whether of the people , or of particular men , in resisting the entrance of any Prince , as if they iudge him faultie in religion . This is neither nothing , nor all which you say . In electiue states , the people ought not to admit any man for King , who is eyther colde or corrupt in religion ; but if they haue admitted such a one with soueraigne authoritie , they haue no power at pleasure to remoue him . In successiue kingdomes wherein the people haue no right of election , it is not lawfull for priuate men vpon this cause to offer to impeach , either the entrāce or cōtinuance of that king , which the lawes of the State do present vnto them : not only because it is forbidden of God ( for that is the least part of your regard ) but because disorderly disturbance of a setled forme in gouernment , traineth after it more both impieties and dangers , then hath euer ensued the imperfections of a king . I will come more close to the point in controuersie , and dispell these foggie reasons which stand betweene your eye and the truth . There are two principall parts of the lawe of God ; the one morall or natural , which containeth three points ; sobrietie in our selues , iustice towards others , and generally also reuerence and pietie towards God : the other is supernaturall ; which containeth the true faith of the mysteries of our saluation , and the speciall kind of worship that God doth require . The first , God hath deliuered by the ministrie of nature to all men ; the second he doth partly reueale , & partly enspire to whō he please : and therefore although most nations haue in some sort obserued the one , yet haue they not only erred , but failed in the other . During the time of the lawe , this peculiar worship of God was appropriate only to the people of Israel , in a corner kingdome of the world : the flourishing Empires of the Assirians , Medes , Persians , Aegyptiās , Graecians , Syrians and Romans , eyther knew it not , or held it in contempt . The Israelites were almost alwaies in subiection vnder these both Heathen & tyrannicall gouernments ; & yet God by his Prophets enioyned them obedience ; affirming , that the hearts of kings were in his hands ; & that they were , the officers of his iustice , the executioners of his decrees . In the time of grace , the true mysteries both of worship and beliefe , were imparted also to other nations ; but the ordinarie meanes to propagate the same , was neither by policie , nor by power . When S. Peter offered prouident counsell ( as hee thought ) vnto Christ , aduising him to haue care of himselfe , and not to go to Hierusalem , where the Iewes sought to put him to death , Christ did sharply reproue him for it o : when he did drawe his sword , and therwith also drew bloud in defence of Christ , hee heard this sentence ; p They that take the sworde shall perish with the sworde . Christ armed his Apostles onely with firie tongues q ; by force whereof they maintained the fielde , against all the stratagems and strength in the world . And when Princes did , not onely reiect but persecute their doctrine ; they taught their subiects obedience vnto them r , they did both encounter and ouercome them , not by resisting , but by persisting and enduring . This course seemeth straunge to the discourse of of reason , to plant religion vnder the obedience of kings , not only carelesse therof , but cruell against it : but when we consider that the Iewes did commonly forsake God in prosperitie , and seeke him in distresse ; that the Church of Christ was more pure , more zealous , more entire , I might also say more populous , when shee trauelled with the storme in her face , then when the winde was eyther prosperous or calme ; that as S. Augustine saith , Want or weakenesse of faith is vsually chastised with the scourges of tribulatiōs ; We may learne thereby no further to examine , but to admire and embrace the vnsearchable wisedome and will of God. Seeing therefore that this is appointed the ordinarie meanes , both to establish and encrease religiō , may we aduenture to exchange it with humane deuices ? Is it the seruants dutie eyther to contradict or dispute the maisters commaundement ? is there any more readie way to proue an heretike , then in being a curious questionist with God ? is hee bounde to yeelde to any man a reason of his will ? It is more then presumption , it is plaine rebelliō to oppose our reason against his order , against his decree . It standeth also vpon common rules : That which is contrary to the nature of a thing doth not helpe to strengthen , but to destroy it : It is foolish to adde externall stay , to that which is sufficient to support it selfe : It is sencelesse to attempt that by force , which no force is able to effect : That which hath a proper rule , must not be directed by any other . And this was both the profession and practise of the auntient Fathers of the Church , as I haue declared before t ; wherto I wil here adde that which S. Ambrose saith u : Let euery man beare it patiently , if it be not extorted frō the Emperor , which he would be loath the Emperor should extort frō him . And least they might be interpreted not to mean obedience , as wel to succession as to present power , they alledge that which the captiue Iewes of Babilon did wright , to the tributarie Iewes which were at Ierusalem w ; to pray for the life not onely of Nabuchodonosor , the King of Babilon , but also of Baltasar his sonne , the next successor to his estate . But in latter times , Innocentius hath taught , and is also seconded by Castrensis x , that loue is a iust cause to moue armes for matters of religion ; vnder which pretence , diuers men haue pursued their owne priuate purposes & end●s . Guicciardine wrighteth y , that Firdinand who was called the catholicke , did couer al his couetous and ambitious desires , with the honest and holy veile of religion : the like dooth Iouius reporte z of Charles the fifth Emperour . Paulus Aemilius & wrighteth thus of all : euery man professeth his war to be holy ; euery man termeth his enemies impious , sanctity & piety is in euery mans mouth , but in aduise and in action nothing lesse . The cōtention is for worldly right , take away that , and you shall finde no cause of war. Now they pretend piety to euery mischiefe : the name of holy warrefare , ( most miserable ) is applied vnto armes . Hereupon such cru●ll calamities haue ensued in most partes of Europe , & ●specially in Germanie and France , with so little furtherance to that cause , for whose supportance force was offred , that all the chiefe wrighters of our age are now reduced to the former opinion ; affirming with Arnobius a that religion is of power sufficient for it selfe : with Tertulian also b Hactantius c , Cassiodorus d Iosephus e , S. Barnard f , and others , that it must be perswaded and not enforced . They of your society , as they tooke their originall from a souldier , so they are the onely Atheologians whose heades entertaine no other obiect but the tumult of realmes ; whose doctrine is nothing but confusion and bloodshed ; whose perswasions were neuer followed , but they haue made way for all miseries and mischiefes to range in , to come forward , to thriue , to preuaile . You haue alwayes bin like a winter sunne , strong enough to raise vapours , but vnable to dispell them . For most cowardly companions may set vp striefe ; but it is maintained with the hazard , and ended with the ruine , alwayes of the worthiest , and sometimes of all . The summe is this . So long as we expresse pure pietie , both in our doctrine and in our doings ; all will goe well ; but when we make a mixture of deuine and humane both wisedome and power ; when we preach policie : when we make a common trade of treason ; when we put no difference betweene conscience and conceite ; we must needes ouerthrow , either religion or our selues . Now I will answere the reasons of your assertion . First you say , that if Princes doe not assist their subiects in the honour and seruice of God in this life , God should drawe no other fruite or commodity from humane societies , then of an assembly of brutish creatures . But this reason is not onely weake , as it may appeare by that which hath beene saide , but also brutish , and ( which is worse ) prophane . For what fruite , what commoditie doeth God drawe from societies of men ? is not his glory perfect in it selfe ? can we adde any thing to the excellencie thereof ? hath he any neede of our broken worship ? God is an absolute beeing , both comprehending , and exceeding all perfections : an infinite being , and therefore his sufficiencies neither can be encreased , neither doe depend vpon any , but onely of himselfe . He was from eternity without any world , ●nd a thousand worldes more cannot any deale encrease his felicity and glory : he did create the world , not to perticipate any thing thereof , but to communicate from himselfe vnto it . Heereupon Iob saith g . What profit is it to God if thou be iust ? What aduantage is it to him if thy wayes bee cleane ? Surelie we must be better enformed of the soundnesse of your iudgement , before we dare depend vppon the authority of your worde . You put vs in minde that you compared an heire apparant to a spouse , betroathed onely and not maried to the common wealth . I remember it well ; but I did not take you for such a widower of wit , that you could thinke it worthy to be repeated . And yet that which herevpon you deduce out of S. Paul maketh altogether against you . S. Paul saith h , that if a brother hath an infidell to wife , if the consent to abide with him , he may not put her away : and likewise if a woman hath an infidell husband : but if the infidell doeth depart , then the Christian is free . Now if you will needes make a marriage betweene a King and his subiects , you might heereupon conclude , that if an infidell King will houlde his state , the people may not dispossesse him . And whereas you affirme , that all they who differ in any point of religion , and stand wilfully in the same , are infidelles the one to the other , you shew both a violence and weakenesse of minde . For obstinate error in certaine articles of ●aith , and not in the whole state and substance thereof , doth make an hereticke , but not an Infidell . And although the Canon lawe dooth in some case dissolue mariage betweene a Christian and an Infidell i ; yet doth it not permit the like betweene a true Christian and an heretick k . And Panormitane l in his doubting manner denyeth , that the Church hath power to authorize diuorce in case of heresie . So that allowing your compa●ison for good , yet in case of infidelitie , S. Paule ; in case of heresie , the Cannon lawe is altogether against you . You adde , that albeit the religion which a man professeth be neuer so true , yet whosoeuer hath a contrary perswasion thereof , he shall sinne damnably in the sight of God , to preferre that man to a charge , wherein he may drawe others to his opinion . But I will omit this streine , and yet rather as impertinent then true . For there are few nations in the world , wherein the people haue right to prefer any man to be king : & that which you alleage out of S. Paule m for your proofe , is very different from the case which you do forme . The Apostle speaketh when an action is of it selfe indifferent , but a weake conscience iudgeth it euill ; being also euill by circumstance , in offending others : you speake where an action is good in it selfe , but an erronious conscience iudgeth it euill . I allowe , that a good action contrarie to conscience is vnprofitable ; but that it is alwayes a damnable sinne I dare not affirme . I dare not affirme that the Romane armie did damnably sinne , in defering the Empire to Iouinian ; who excusing himselfe , ( as Zona●as wrighteth ) because being a Christian he could not command a Pagane armie , they did notwithstanding confirme him Emperour , by which means they did afterward embrace the Christian faith . The like doth Orosius report , that Valentinian , being discharged by Iulian from being Tribune , because he was a Christian , by consent of the Souldiers was created Augustus . I rather take it to be a damnable sinne , which Zonaras o wrighteth of the Bulgarians , in taking armes against their King , because he was conuerted to Christian religion ; albeit they did according to their conscience . It were a deflowring of time to diue into the depth of this question ; because it appe●teineth to electiue states , and not vnto vs. But where you wright , without eyther authoritie or proofe , that to assist , or not to resist the aduancement or gouernment of any king , whom we iudge faultie in religion , is a most damnable sinne , of what side soeuer the truth be ; you breath out most filthy and vnsauorie smoake ; you lift vp your voice into high blasts of blasphemie , against the most high . God hath taught by the Apostle S. Paule p , that whosoeuer resist the higher powers ( which at that time were Infidels ) receiue vnto themselues damnation ; you teach , that whosoeuer doth not in the like case resist , doth damnably offend . Were not the spirit of diuision , otherwise called the deuill seated in your soule , you would not thus openly oppose the setlings of your rotten braine , against the expresse and direct sentence of God. What ? is it a damnable sinne to doe euery man right ? is it damnable to giue Caesar that which is his due q ? to giue tribute , honor , feare , to whom they appertaine r ? The Apostle saith , that Christians by resisting the power of Infidell rulers , do acquire vnto themselues damnation s : and shall wee yeelde credit vnto you , that Turkes , Moores , Infidels , should damnablye sinne , eyther in admitting or enduring the authoritie of a Christian Prince ? How vilie doe you value the iudgements of men ? at how lowe rate doe you prize both your conscience and credit ? I could rise into riot of wordes vpon you , were it not that I respect what is seemlye , rather for mee to speake then for you to heare . Certainely , if we had receiued no such commaundement from God , the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion : for seeing there are many different professions of religion , not onely in the world , but almost in euery nation of the world : seeing also ( as Philo saith t ) euery man , eyther by vse or instruction iudgeth his owne religion best : what suretie could any Prince , what safetie could any people enioy , if your firie opinion should take place ? what assurance can there be of life or of state , where the sworde beareth swaye vpon such occasions , & that guided by hands both tumultuous and fierce . And seeing among many religions there can be but one truth , if all men should be obstinatelie bent against the gouernment of any , who in their iudgement is faultie in religion ; what likelyhood can we eyther conceiue or coniecture , but that many errours would soone preuaile against the onely trueth . And therefore it is farre more moderate and safe , to vse the ordinarie meanes both of maintaining and propagating the trueth , and to commit the successe thereof vnto God ; and ( as Iosephus aduiseth ) not to offer eyther contumelie or violence against any religion , least we prouoake thereby the professors thereof to doe the like against our . Your last reason is drawne from policie and consideration of state ; because a King will neyther trust nor fauour , much lesse aduance him , that is not of the same religion with himselfe : but to the contrarie , hee shall bee subiect to all molestations , iniuries and other auersions , which are incident to those who are not currant with the present course of affaires . Oh sirre ; this is the Helene for which you contend ; you concurre in opinion with those Athenians of whome Alexander demanded deuine honours ; not so obstinately to defend heauen , as to loose the benefit of the earth . This is the marke whereat you aime , this is the Compasse whereby you sayle ; as diuers flowers doe open and cloase , according to the motion of the same ; so according to the variation hereof , you extend or restraine your plyant conscience as you please . But the Apostle teacheth vs to be obedient to higher powers , for conscience sake u , and not for anye priuate respect . Besides , all Princes are not of that disposition whereof you speake . Suida wrighteth of one , who changing religion to please his King , was therefore adiudged to loose his head ; one being appointed to crye at the time of his execution ; Hee that keepeth not faith with God , what sound conscience can hee beare towards men ? The Protestants in France are not altogether cast eyther out of fauoure or out of charge : and manie Romane Catholickes in England , doe enioye their full part , of all the plentie and pleasures that the realme can affoord . Lastly , what haue you to doe with reasons of state ? This is the Eagles feather which consumeth your deuotiō . Your office is to meditate , to pray , to instruct mē in pure deuotion , to settle their soules in piety & in peace . But do you containe yourselues within these limmits ? nothing lesse . You take vpon you the pollicie of state ; yoù ●end & deface the reputation of Kings ; you make your selues both iudges & moderators of all their actions , allowing them to flie no further then you giue them wings . You dispose not onely their affaires , but their crownes at your pleasure ; you hunt them , not to couert , but to death . You contriue wa●s to compasse your designes ; you traine vp your followers in the high mistery of treason ; you cast into euery realme the apple of striefe : your doctrine is to no other vse but as drummes , Fifes , and trumpets to incense fury . To these endes , you wrest scriptures , you corrupt histories , you counterfeit reasōs , you corrupt all truth ( pardon my plainenes I pray you , I haue not atteined to your dexterity in disguising matters with smooth termes ) you are obstinate to hazard rather all dangers , then to be cut of from one point of your purpose . You acknowledge no religion but your will , no law but your power : all lies , treacheries and fraudes do change their nature , and become both lawfull and laudable actions when they beare for the aduantage of your affaires . But this is directed to deuotion , ( you will say ) and as you terme it , ordine ad deum , for a holy and religious end . Away then with your deuotion , and so we shall be rid of your dangerous deceit . Away I say with your deuotion ; or else we will conclude of you as Liuie did of Anniball : nihil veri , nihil sancti , nullus deûm metus nullum iusiuradum , nulla religio . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Notes, typically marginal, from the original text Notes for div A02848-e270 a In c. 1. tit . de success . feud . b In quaest●an rex Franc ae r●c●gn s●at ●uperiorem . c In ●●emo . D. d● l●g 1. d In ●●ū praetor . § non autem . D. de Iudi. e A pud Aristor . thetor . 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita . i Lib. 3. ca. 2. k Vbi . 5. l Antiqu. 14. ca. 1 m Lib. 1.2 . belli Iu●●ci . Allobroges . n In Lisan●i . Mich●el Riccius . Lib. 1. de l c. st●●e de France . q Cons. 389. lib. 2. r Cons 4● . lib. 3. In. c. 1. tit . an mu●us vel imperfectus . t In c. vlt. tit . ● pif . vel ab . u l. 3. D●le interdic . & rel . l. 2. C●de libert . & co● . lib ●diui fratres . D. de iur . patr l quaeritur D. de bo lib. panor . cons. 85. lib. 1. Io. Annd. in c. significasti de so . comp . x In l. vii . in fi . de senat . x c●ius naturale . dist . 3 y 1.2 . q. 94. d. 2. z rom . cap. 2. & 3. ' quod naturali● ratio inter omnes homine● constituit , id apud omnes peraeque custoditur vocaturque ius gentium . l. ix . D. de iust . & iur . a iust . de ter . deni . §. singulorum . b in re consensio omn. ū gentium , lex naturae putanda est . i. Tuscal . c in l 1. C. de testam . d 4. Socrat. e In com . in . 6. f Ad ephes . 4. g Tit. h c. ● . de decret . ab ord . fac . l. 32. de legi . i ad Q. fratrem . prouocandū ad sensus . k interiori nescio qua conscientia i●aec sentimus . de vtti . cred . l omn● malum aut timore aut pudor natura perfu●it . in apol . lice possin : negare , non possunt tamen non crubesc . 1 c. 3. de offic 14. n l. 3. si auro . D. de vsur . l. 8. D. quib . mo . pi . sold. 15. de cond . l. 14. D. de nup. o 7. var. 16. ;? topic . prin . p 5. consil . 38. q ipsius vocem naturae de natur . deot . r 15. prob . 3. s 8. de legib . t 4. consil . 496. u 1. polit . x sine imperio n●c d●mus vlla , nec ciuita● , nec gen , neel ominem vniu●t sum genus state , n●c re●um natura om●● nec ipse den . que m●●dus potest . ● . de legib . y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. polit . ca. 3. z ca. 17. ver . 6. & ca. vlt in si . z l. si quis post . humos . D. de lib. et posth . ', Arduvm semper codem loci potcutiam & cōcordiam esse . iiiii . annal . a In pr●ncipt● lib. d● v●tis ●ententi●que Philosophorum . b Lib. de dogmatis Philosophorū . c In successionibus Philosophorum . d Lib. 8. de vi●is & sententiis Philosophorum . e Lib. 1. contra Iouinian . f c. nuptiae . 32. di . 1. g Lib. 6. de sanit . tuend . h In Timaeo . i In Philebo . k In Epinomide . l Anno. 1552. m Vnum imperii corpus vnius animo regendum videtur . 1. annal . n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in Enagora . p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . r In cap. 1. s certū est omnos antiqua● gentes regibus paruisse . 3. de legib . t in Caulin . u principio tersū , gentium nationumque imperium p●nes r●ges crat . lib. 1. x 1. reg . 8.5 . x in ca. 2. y vtpote cum lege re●●a quae denu●crio cius lara est , populus e● & in eum omne sur●m im : cusuin & pot . statem consera l 1. D. de c●●st pr●ne . z sub vmbra cius vrbem terratum d●minam latere , ●●us nutus ●ro decretis patrum , pro iustis populi ●sse . lib ●0 . ,' nemo erat quo magis innixa res romana , qu m●in Papirio cutsore c●tatet . lib. ● . a in●pelopid . b in pericle , c trepidi patres ad summum au●ilium decurrunt Dictatorem dici placuit . lib 6. d Dictatoris edictum pro numine semper obseruatum . lib. 6. e tantus erat dictatoris terror apud hostes , vt co creato statim a manibus discesserint . lib. co . f ve recte prudentes quidam de vita Augusti post mortem eius inter se conferentes , dix●runt , non aliud discordantis patriae remedium suisse , quam si ab vno regeretur . ann . 1. g in epist. 1. ad Q. Fratreu● . in apolog . i Lib. 16. k Lib. 39. l Lib. 1. m Lib. 1. n Lib. 1. o Belli macedonici . lib. 10. p Lib. 16. q Lib. 7. In Euterpe . Aeneid . 1. t Lib ad oc●au . August . u In Cytopaed . x In Artaxerxe . y In polyhimnia . z Lib. 2. a Lib. 6. ca. 28. Lib. 7. b Lib. 5. ca. 12. c De praeparar . euang . lib. 10. d lib. 34. Lib. 46. e Iustin. lib. 14. & 41. f De morib . Ger. g 2. Chron. ca. 21. h In polyhimnia . i In epist ad onagrium , & in gen . 49. k Cons. 275. vol. 2. l L. Ex hoc iure D. de iust & iuro . semper fuit , & semper erit . &c. m in c. Licet . de voto . n Cons. 94. & 274. o in prooem . D. §. Discipuli . p Cons. 287. q in c. Prudentiā de offic . de leg . r in l maximum . C. de lib. praeter . & cons. 179 li. 1. s Cons. 25. lib. 5. t Cons. 2. u Con. 67. x Deci. 476. & con . 60. y in c. 1. tit de his qui feud . da. poss . & in c. Qualite● . tit . Si de feu . su cont . inter do . z in ●ub de test . lib. ● . & inc . grandi . de sup . ●cque prael . a in l. 1. D. de const . prin . & in l. n●mo . de leg . 1. Cons. 225. ●● 289. c Cons. 25. lib. 1 d Tract . de pu● . & excel . regia q. 9. e in ● quart . ad l. Falcid . f Cons. 9. tit de feud g in l. Obuenire . D. de verb. fig. h cius natural . dist . 1. i Z●ch . 12.10 . 2. Reg. 13.21 . l In Exod. cap. 11 in term . de septem plagis n in Gen. hom . 51 o Vbi ● . p De h●sto . anim●● . lib 6. cap. 1● . q Lib. 11. cap 40 s Histor. chilia . 4. cap 126. r De it otu animal lib. 3. & lib. 15. cap. 13. t in Arato . u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in dia logo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . y Lib. 2 de Cain & Abel . cap. 2. z Exod. 4. Homil 5 aduersus Iudaeos . b Gen 47. c Gen. 27.19 . d Deut. 1.17 . Exod. 13.2 . & 22.19 . & 34. 19 Leuit. 27.26 . Num 1.13 & 8.16 & 18.15 . N●hem . 10.36 . ●zech . 44.30 . : Luk 2.23 . f Matth. 19.30 . & 20.16 . Marc. 10.31 . Luc. 13.10 . g 1. Cor. 1. circa si . h lib. 7. i in preoem D. § Discipuli Et in L. donationes . C. de d●n . inter vir . & ●x . k In L 2. C. de iur . Emphyt . l Per l. Ex facto . ● Pen. D. ad Treb. m Cons. 275. lib. 2. in l. Proximus . D. de ●e●b . sig . o L. ●x d●obus . D. de vu●g . & pu● . p in l. Si quis priorit §. talem . D. de secund . p Ibid. q in addit . Bar. l. 1. c. Qui habebat D. de bo . poss . ● nt . tab & in disp●t . in cip . Sigism ●nd . r Cons. 92. s in t. act de pot . & excell . reg . q. 10. & q. 74. t in c. quaeritur . §. item opponitur 22. q. 2. u Vnigeni●us . y c nam & ego . Dever . fig. y Lex regia . z L. 1. de const . princ . a De rep . lib. 1. b L. Si st●its & ib. Bar. & Bald D. de dam. infect . c L. Si q●●s iusiarandum . c. de reb . cr●d . d Inst. de iur . Person . e L. 1. de vsucap . f L. vlt. C. de praesc . long . temp . I. sicut c. de praesc . 30. ann . g L. Si de interpretatione . D. de Ll. h L. Omnes populi . De iust . & sur . l. Sed & ca. D. de legib . i e. 1. de Feud . k c. 1. de ali . Feud . l L. Testaments omnia . C. de test . k c Ridiculum 12 di . l in c Quanto de transl . , ral . m in c Domino . 50. di . n in L. ●ive●o D. de sol . Mat. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o in tract . de imper q De ciuit . D● . lib. 2. cap. 21. r lib. 3. de repub . s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t Viue moribus praelentibus , loquere verbis praesentibus . Lib. de clar . thetor . x Lib. 15. c. 11. & lib. 1. cap. 10. y Quae praeter consuetudinem & morem maiorum fiu●t , neque placen● , neque iecta videntur . z 4. de ciuit . a 5. Cons. 132. b Grandia latrocinia . lib. 10. d 1. de benesie . e Orbis terratū praedo . f l. Postliminium D. de captiu . g Arma tenenti omnia dat qui iusta negar . h Reg. peccatum p. ● . §. 9. i in rub . C. de la. Ii . Vt qui vicissent , iis quos vicissent , quemadmodu● velint imperarent . ●irom . 1. Archid. Iudic. 11.23 . & 24. Deut. 20. Gen 48 , 12. q 1. Ciu. r 4. de form . s v. de ciuit . Inst. de pob . iud . s Herod . lib. 1. t Ture principem ●olite , non datū , sed ●atum . Lib. 1 del ●e●ate de France . Notes for div A02848-e8030 a 2 Sam. 10. b Fol. 21. c Pag. 17. 1. Pet. 2. Plutarch . in probl . Rom. 13. d Marc. 16. Col. 1.23 . Ad Auxentib . g Gen. 10.5 h Hom. in Gen. i Gen. 10.9 . k in Cratylo . l ●oct . Attic. 9. cap. 4. m Gen. 10. n Ninus primus dicrut bello parta retinuisse , cum priores contenti victoria ▪ imperio abstinuissent . Iust. 1. * l. 2. de orig . iur . * Contra Appianum . q lib. 2. de regno . r Aeneid , ● . s Aeneid . 3. t Aeneid . 1. u Aeneid . 5. * lib. ● . x in Apopht , y At cum ius aequabile ab ●no viro homines non consequerentur , inuentae sunt leges . Offic. 2. a Ann. 1116. * l. 13. C. de sen. & interloc . om . iud . 5. Cons. 33. & 6 50. 3.100 . 3. Reg. 14. & 15 d Gell. lib. 5. ca. 19. e Iura dedit . f Tanto consensu quanto haud qui●quam alius ante rex est declaratus . g i●● . 2. D. de orig●●r . h i●s ci●●le ●apirianum . i Nullum esse discordantis patrie remedium , quam vt ab vno rege●etur . annal● k in Act. cap. 8. l lib. 2. cap. I. m lib. 6. cap. 29. & 30. n Gen. 27.22 o Protestatio aetui contraria non releuat . p In Dionys. q 2. ca. 2.10 . r ver . 8. s Rom. ● 3. t 1. ca. 2 ver . 13 u Tit. 3.1 . * 1. Tim. 2.2 . x 1. Pet. 2.18 . y In tract . de . exemp . clericorum . z ver . 16. * Galat. 1.10 . a ca. 29.7 . b ca. 1.11 . c ca. 17. d Deut. 17.12 . e Exod. 22.28 . Act. 23.5 . f Eccles. 10.20 . g Rom. 13. h Ierem. 25.9 . i Ezech. 29.18 . k cap. 25. l Prou. 21.1 . m 2. Chron. 36.22 . n 2. Chron. 19.8 . o Psal. 82. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in polit . q Sap. 6. r Extrauag . Vnā sanctam . de maio , & obed , s in declam . Cic. offic . lib. 1 u Pater patriae . * in l. senium . C. qui test . fa. poss . x 2. Chron. 1. y Prou 28.2 . 2. Chron. 28.6 . z Apolog. 37. * de sacr . ec . Tert. a Ad Demet. b ●actum societatis humanae generale regibus obedire . Confes. lib. 2. c Dist. 8. c. qu● contra . d Tyrannos aggred untur , lolium ab agro dominico ●u●llunt . Matt. 8. f 1. Reg. 19. g Exod. 10. h Math. 10.34 . Notes for div A02848-e11640 a Psal. 73. b Ca. 12 1. c in Alexand. d Apoc. 6.4 . psa . 105.1 . reg 24. f 4 reg . 21. g In Augusto , genu nixus dictaturam deprecatus est , h In August . i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. 53. k in proam . l Lex regia . m lib. 6. n lib. 1. de l'sta●e de France . o Ibidem . Girard . fo 52. q Fo● 58. de l'state . r cap. 5 pa. 8● in Richard , 2. t In ● Barbarius . D. de offic . praesid . u In ● . cu●a pastoralis de ●u●epation . Notes for div A02848-e14060 a De benefic . lib. 7. c ● . 5 . c Cap. 1. d c. dudum . de praeb . lib 6. e l. iudicium soluitur . D. de iudic . f l. solet . de iurisd . g in l. vlt. de iurisd . h in c. pastoral●s de off . ord . i in c. cum ecclesiarum . co . k in d. l. iudicium . l cap ●2 . m 1. El. 1. n l. j. d. ad . l. Iul. maiest . o Frustra sidem sibi quis postulat seruari ab eo , cui sidē a se praestitam seruare recusat . p non obstringitur quis ad implendum quod iurauit si ab alia parte non inpletur , cuius respectu praebuit iuramentum . q in l. cum proponas . c. de pact . r in c. peruenit 2 de iureiur . s in tract fallen reg 199. t l. ille a quo & ● . seq . ad Treb. u in apopht . x lib. 24. y lib. 2. ca. 1. a lib. 2 ca. 2. z l. postliminium . filius D. da capit , et postlim . a c. In mali● . d● reg . iur . in 6. b 22. q. 4.4 . c. 5 c In domit . d Rom. 13. e 1. Tim. 2.2 . Ierem. 29.7 g Generale quippe pactum est humanae succietatis , regibus obedi●e . confess . lib. 2. h Magnum est et speciale documentū &c. ad Auxentium i Ad Auxentiū k Apol. l Act. 4. m in Psalm . 1. Sam. S. q C. coniurationū xj q j. Notes for div A02848-e15230 r In l. 2. D. de seruit . & aqua s cons. 216. t De legib . u In l. vlt. c. si contra in s . w c. sunt quidam . 25. q. 1. * nunc . x Plutarch . in Problem . Graec. y L. iij. D. de leg . j. Dec. in reg . 77. n. 10. z In l. iurisgentium . * quinimo . * In l. claris l. de fideis . a In c. pro●llor●i de praebend . b Cons. 220. lib. 6. & cons. 122. & 125. lib. 4. c In cap. 1. d In spec . tit . 14. * Veniamus n. 10. c An. 633. cap. 74. f Cons. 69. Notes for div A02848-e16520 g Cap. 1. h Rom. 9.13 . i Gen 25.23 . k Cap. j. l Cap. 3. m Cap j. n Metrop . l. 3. cap. 20. o In Prooem . decret . p About the yeare , ●375 . q In c. v●t . 24 q. 1. r In l quesitā . D. de leg . j. s In c● tanta qui fil suat legit . t Con● . 1●2 . l. 2 u Cons ● 2. li. 1 w In c. 1 tit . quis dicat . dux . x Ind. pa●●● . c. de re●●cad . y In rep ●ab . de ca. po & prop. z Cons. 262. & In tra●t de po . & excel . reg . ● 25 a In tra●t de privil 〈◊〉 . par . 1. ca. 109. b In tract . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . c Amend . 9. d Walsingh . in E. 1. c Anno reg . 23. f De nouo rege creando more maiorum . g Sir Tho. Moore , and Stow. h Holingshead . Notes for div A02848-e17770 i 2. Reg 15. & 16. 2 Reg. 2. & 5. k Exod. 20.5 . l Ezech. 18.20 . Ierem. 31.29 . Deut. 24.16 . 2. Chron. 25.2 . m l. siquis sno . § legi● C●de In o●f . test● generali . D●●e rit . nup. l. siliā . D. de senator . l. adoptiuum . D. de In ius voc . n Dist. 56. per tot . o gl . et Dd●b . et in c. vel non est de temp . ord . p 1 Chron. 22.8.9 . q 3. Reg. 2.48 . r 3. Reg. 11.31 . s 3. Reg. 12.24 . t 3. Reg. 11.43 . u 3. Reg. 12.17 . w 3. Reg. 12.19 . x 3. Reg. 12.21 . y 3. Reg. 12.19 . z 3. Reg. 11.31 . & Pa. 414. a Cap. 3. b Lib. 34. pa 833. c pa. 841. Notes for div A02848-e18970 d Cap. ● . e Lib. 1. de l'estate . fol 43. f De l'estate . g Di l'estate . lib. 1. pa. 5● . h li. ● . fol. 60. b. Fol. 63. a k In Andromache . l 1375. m Lib 4. circa sin . n De gest . Ang. lib. 1. ca. 2. o Lib. 2. ca. 5. p Lib. 6. q Lib. 2 ca. 8. r Extoria a principibus fide arripuit diadema . s Viribus & genere fretus regni Diadema inuasit . t In part . 2. ca. 2. pa 12. u Lib. vit Will. conq . * Cin. & Bartol . in l. imperialis . C. de nupt . w Lib. Vitj . Will. conq . x Lib. 1. cap 3. y In Henr. 1. sol . 181. z In Henr. 1. lib. 5. & Quod solus omnium filiorum Willielminatus est regie , & ei regnum videretur competere . a In polyhim●n b Lib. 2. c Lib. de fraacrna beneuolentia . d Antiq. lib. 16 cap 3. e In l. imperialis . § illud . C de nupt . f In l. si lenatus C. de dignit . lib. 12. g In tract . de pot . & excell . reg §. 16. h Pet. Iac. in arb . success . reg Franc. 10. Rai . in cap. praeterea . tit . de prohis seud . ali & in tract . nobil quest . 10. Iac. a S. Georg. in tract . seud . D. Benedic . in rep . c. Rainuitius . n. 200. de testam . i In Arraxerxe . k Lib. 12. in prin . l Ibidem . m Sacramenti praeuaricator regnum in vasit . n In hist. ●●uel lib. 1. sol . 101. a. o Tribus episcopis praesentibus , nullis abbatibus , paucissimis optimatibus . p lib. 8 pa 221. Vigore & impudentia ●retus . q Pa. 221. r Quia regnum contra iusiu . randum p●aeripuisse videbatur . s Pa. 275. quasi tempestas inuasit . t In prine li. 12 u In Steph. w Hypodig . pa. , 8. x Lib. 12. pa. 107. y Pa 228. z Fol. 281.2 . & Pa. 62. a Lib. 15. in prin . b Lib. 15 pa. 262. c In prologo . d Iure propinquitatis . e Hypodig . po . 50. f Lib. 15. pa. 263. g Pa , 269. h Walsing . hypodigm● . pa. 56. Notes for div A02848-e22870 h Ca. 1. l In e per tuas . Qui fil . sunt legit . m Lib. de legibus . n Rom. 13. o Math. 16.25 . p Math. 26.52 . q Act. 2.3 . r Rom. 13. 1. Pet. 2. Contra Petihanum . t Ca. ● . u Epist. 54. w Hierem. 29. Baruch . 1 x in rep . l. 5 de iust . y lib. 12. z lib. 30. & Paul. Aem. 6.7.8 a Adu . ge . 3.4 . b Apolo . c Inst. 20.21 . d 2. Var. 27. et . lib. 10 epi. 26. e de Vi. su . f cant . ser. g 22.5 . h 1. Cor. 7. i c. iudaei . 28. q. 1. c. quanto . de diuor . k d. c. quāto c. gaudemus de diuort . l Inc. ex parte . 2. de conuer . coniug . m Rom. 14. 1. Cor. 8. o to . 3. p Rom. 15. q Math. 22 17. Mar. 12.17 . Luc. 20.25 . r Rom. 13 7 s Rom. 13.2 t De legat . u Rom. 13.5 
A43914	----	The history of the Association, containing all the debates, in the last House of Commons, at Westminster concerning an association, for the preservation of the king's person, and the security of the Protestant religion : the proceedings about an association in the reign of Queen Elizabeth, and a true copy of the Association, produced at the Earl of Shaftsbury's tryal, and said to be found in his lordships study, with some observations on the whole : to which is added by way of postscript reflections on the parallel between the late Association, and the Solemn League and Covenant. 1682 Approx. 105 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). 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A43914) Transcribed from: (Early English Books Online ; image set 49745) Images scanned from microfilm: (Early English books, 1641-1700 ; 497:4) The history of the Association, containing all the debates, in the last House of Commons, at Westminster concerning an association, for the preservation of the king's person, and the security of the Protestant religion : the proceedings about an association in the reign of Queen Elizabeth, and a true copy of the Association, produced at the Earl of Shaftsbury's tryal, and said to be found in his lordships study, with some observations on the whole : to which is added by way of postscript reflections on the parallel between the late Association, and the Solemn League and Covenant. England and Wales. Parliament. House of Commons. [2], 26, [4] p. Printed for R. Janeway, London : 1682. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Solemn League and Covenant (1643) Great Britain -- Kings and rulers -- Succession. 2006-01 TCP Assigned for keying and markup 2006-02 Apex CoVantage Keyed and coded from ProQuest page images 2006-05 John Latta Sampled and proofread 2006-05 John Latta Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE HISTORY OF THE ASSOCIATION , Containing all the DEBATES In the Last House of Commons , AT WESTMINSTER : Concerning an Association , for the Preservation of the Kings Person , and the Security of the Protestant Religion . The Proceedings about an Association in the Reign of Queen ELIZABETH , and a true Copy of the Association , produced at the Earl of SHAFTSBURY'S Tryal , and said to be found in his Lordships Study . With some Observations on the whole . To which is added by way of Postcript Reflections on the Parallel between the late Association , and the Solemn League and Covenant . LONDON , Printed for R. Janeway . 1682. THE HISTORY OF THE ASSOCIATION , &c. AFter the Bill of Exclusion was rejected in the House of Lords , the Commons seemed to be at a stand , not knowing what to do . But soon after his Majesty in his most Gracious Speech of the 15th . December 1680. having promised them The fullest satisfaction their hearts could wish for the security of the Protestant Religion , &c. He concludes thus , and being thus ready on my part to do all that can reasonably be expected from me , I shall be glad to know from you as soon as may be , how far I shall be assisted by you ; and what it is you desire from me ; upon which grounds the first time you heard of the Bill of Association being mentioned was in the Grand Committee , to secure the Kingdom against Popery and Arbitrary Government , wherein Mr. Powel had the chair . At which time the Lord C. and several others speake to this effect , as follows , all already Printed in the Collection of the Debates of the House of Commons at Westminster , 1680. Published by Richard Baldwin . Ld. C. Sir , when I consider the Immunities and Advantages we enjoy by the excellent composure of our Government both in Church and State , how the King as Soveraign , enjoys all the Prerogative that can be necessary to make him either great or happy , and the People all the Liberty and Priviledge that can be pretended for their encouragement to be industrious , and for securing to themselves and Posterities the enjoyment of what they get by their industry . How the Doctrine of the Church is void of Idolatrous Superstitious Opinions ▪ and the Government of Tyranny or absolute Dominion ; I cannot but admire that there should be any body amongst our selves that should aim at any alteration , and be the occasion of this days Debate . But , Sir , it is too evident that such there are , and that they have made a great advance to effect their design , by many contrivances which they have persued for a long course of years , according to the Results and Cousultations held by Jesuites for that purpose : But above all , by converting to their Religion James Duke of York , the presumptive Heir of the Crown , and by engaging him to espouse their interest with that zeal and fervency which usually attends new Converts ; especially when so great a glory is proposed as the rooting out of a pèstslent Heresy out of these three Nations , and the saving of so many Souls as would depend thereon . The sad effect of this Conversion we have felt for many years , it having had the same operations in our Body Politick , as some sorts of lingring Poyson hath in Bodies Natural ; made us sick and consumptive , by infecting and corrupting all the food and Physick which hath been applied in order to reduce us to Popery and slavery , worse than death it self . From this fatal act the declination of the Grandieur of this Monarchy may be dated , and to the consequences thereof its absolute ruine if not timely prevented ) will be hereafter attributed . This being our case , I could not but admire to see this House so long coming to consider this weighty point ; insomuch , that I began to perswade my self , that either our dangers were not so great as our discourses upon some other occasions had represented them , or that we were not in good earnest to endeavour any redress . It is true when we consider what ill fortune we have had with our Bid lately sent up to the house of Lords , we may with some reason be discouraged . But I hope , Sir , that seeing our Country hath thought us worthy to be their Representatives , we shall not be so easily daunted in what so nearly concerns them , but be as indefatigable in finding out wayes for our preservation , as our Enemies are to find out means for our destruction ; hoping we shall not meet always so bad success in the House of Lords : For though the too much kindness of some men who pretended to be for the Bill , but underhand made a party against it , did this time operate as fatally as Enmity disguised in Friendship useth to do , yet I hope that in another occasion we may have better success ; not doubting but a great many Lords , when they are perswaded that they shall not be able to find out any other way ( as I hear they begin to despair they shall ) to secure the Protestant Religion , that they will joyn with us in the same , or some other Bill to the same purpose : Especially my good Lords the Bishops , who cannot be presumed to have made peace with Rome , but to be ready to die for the Protestant Religion , and therefore doubtless will not long stick at joyning in a Bill to save it . But seeing that according to the course of Parliaments we are not like to bring this to a tryal for a long time I am of Opinion we had best try something else ; and although I know not what other Act can be made to serve instead of that , but will either prove to weak or two strong ; yet seeing we are put upon it , we must try , that so we may not be represented as stubborn . And therefore I humbly move you that a Bill may be brought in for the Association of all his Majesty's Protestant Subjects . R. M. Sir , great things are expected from this dayes Debate , and we could not well have entred into it sooner ; it now comes more seasonable than it would have done before , because of the opportunities we have had to feel the pulse of affairs since the beginning of the Session , and the time we have spent in asserting the right of Petitioning , by which the essence of Parliaments , and the foundation of the Peoples Liberties were struck at . And the Tryal of my Lord Stafford , and the Disinheriting-Bill could not possibly have been avoided . And as our labour hath not been lost in all , so I hope that at last we shall have some benefit , of that spent about the Succession-Bill . For as it was said at the passing of the Bill , that there were a Loyal Party that will never acquiesce in it ; so I do believe there is a true Protestant party that will never acquiesce in any thing less than what may be sufficient for the security of their Religion , which I am apt to believe will end in that Bill . But in the mean time , that we may shew that we are not humorists , let us try what strength we can muster up to oppose these great Enemies by some other Laws ; as when an House is on fire we make use of Buckets and Tubs for casting of water , until the great Engines can be got . But I would move you to be cautious what you do , for I am afraid that the design of putting you upon finding out Expedients , is not in order to have any thing done that is effectual against Popery , but in order to have you offer at something that may purchase a disrepute on the House , and give your Enemies an advantage to persue their designes of breaking us , by alleadging that you aim at Laws that will overturn the Government . For my part I am fully perswaded that this is the design of those that have put the King so often to declare against altering the Succession , and to recommend other wayes ; and that offer at what you will , if it be any thing that is like to prove strong enough to secure us against Popery , that you will see the House put off before it come to any perfection , and that in time it will be made use of to arraign the Proceeding of Parliament , and to perswade the people that this House did attempt to alter the Government by such and such Bills , and so by degrees possess the People that Parliaments are either dangerous , or inconsistent with the Government , that if possible they may be well content to be without them . Sir , I am afraid that the Popish party are more serious in this design than we are aware of ; and that next to the great endeavours they have used for many years to keep on our divisions in points of Religion , the next great Artifice which they depend on , is the infusing into the people the dislikes of Parliaments : For they well know that Popery can never be established in this Nation , as long as Parliaments are permitted to Sit and Act. Therefore , though I know it is below a House of Commons to mind every little discourse , yet I think if we conclude that this powerful Party amongst their many designes have this for one , that we ought to countermine it as much as we can . We cannot well comprehend what a Bill of Association will be before it be drawn up , nor what difficulties may be found in the contriving of it ; and therefore I think no great debate will be necessary about it before such a Bill will be brought in . And I believe it will be found more likely to be serviceable in case the Papists be banished ; and therefore I conceive a Bill for Banishment of all the considerable Bapists out of England may be very nacessary . And if at the same time that we endeavour to secure our selves against Poperty , we do not also do something to prevent Arbitrary Power , it will be too little purpose ; for the one will be sure to give a hand to bring in the other ; and I think nothing can prevent that ; or rather both , better than frequent Parliaments . And therefore I humbly move you that a Bill for securing frequent Parliaments may be taken into your consideration . Sir G. H. Sir , I think you are well adviced that the way to secure our selves effectually against Popery , is to secure our selves also against Arbitrary Government , and that the having of frequent Parliaments is the best way to secure both ; and therefore , Sir , I think you do well to move the House that a Committee be appointed to inspect what old Laws there are for enforceing the sitting of frequent Parliaments , that if they should be found deficient , some new Laws may be made for that purpose . I do agree that a Bill for Banishing out of England the most Considerable Papists may do well ; but I hope , Sir , that if you banish the Men , you will banish some Women too ; For I do believe that some of that Sex have been great Instruments in bringing about our ruine : and if in time you would consider how to prevent the Royal Families marrying Popish Women , it would be of great security hereafter . For I am of Opinion that the late Queen Mother's Zeal for her Religion was not only a great occasion ( amongst many others ) of the miseries that befel us in forty one , but the great cause of all our Miseries now , by perverting the Duke from his Religion , as is reported , and may reasonably be believed , if we conclude that she had that Motherly care for the salvation of her Children as other Mothers usually have ; for according to her Opinion , it was not to be obtained out of the pale of that Church : And no man can doubt but that the Protestant Interest hath been much Prejudiced by his Majesties marrying a Princess of that Religion : For we have plainly seen since the discovery of the Plot , how some of the most material Jesuites and Popish Instruments have sheltered themselves under her Royal Protection , and how they have helpt to carry on the Plot , by being so impudent as to pretend they had her patronage , and by abusing her Authority ; but more especially by the Dukes marrying the Princess of Modena , because of her near Relation to the Pope and Cardinals . All which was plainly foreseen by that Parliament which met a little before that Marriage , in 1673. and therefore they made an Address to his Majesty , representing the said ill consequences , desiring him not to permit it , because it would tend to the destrustion of the Protestant Religion . But their endeavours were defeated by that Party , as we may guess , seeing we find so much use of her name in Colemans Letters ; for well might they who have over-ruled in so many affairs as have been instanced in this House , have an influence also in this , that so that Party might not want so useful an Instrument in so great a station : and so the Parliaments Address miscarried ; but that they had either a good Judgment , or Prophetick Spirit , I hope will never miscarry , but remain upon Record . And unless you do believe that these Ladies are less compassionate than others usually are , how can it be otherwise , their Principles considered ; But , Sir , I will not trouble you farther about it , but suppose it may be worth your consideration in due time . In the interim , I agree for the Bill of Banishment and Association too . I. B. Sir I retain a good opinion of an Association-bill , notwithstanding what hath been said as to the weakness it may receive from our unhappy Divisions in point of Religion and Interest , too much promoted by some of our Clergy . For , Sir , when I consider how the Laudean principles , as to raising of Money without Parliaments in the late times , infected most of our Clergy , so as that they not onely preached up the Kings absolute Authority over mens Properties , but branded with the title of Rebels , and condemned to Hell those that offered to argue against it . I do conclude that it is usual for one or two Bishops , to give measures or directions to the rest of the Bishops , and they to the Clergy of their several Diocesses : And that therefore the Clergy derive the Politicks generally from one Bishop or two in some great station . Yet Sir , when I remember how after some little time many of the Clergy fell off , and would not follow such instructions ; and how the People soon excused themselves from following their advice in such Politicks , and would not freely pay illegal Taxes , notwithstanding all their endeavours . I am apt to think ; Sir , that as the People were not long then mislead , so as to submit to lose their Property , so they will not now , to any thing that shall tend to the losing of their Religion and Property both . They will soon discover what is their interest , and how true interest will not lye . I have often told you within these walls , they will soon apprehend that Popery will bring in slavery , and reduce them not only to an Idolatrous Superstitious Religion , but to wear Wooden-shooes like the French , and to eat Herbs like the Spaniard , because they will soon know that they shall not be long Masters of any thing they have : And however they may be perswaded for a while , I am confident they will at last consult how to save their Bacon . They will discern that the Clergy may be good Divines , but not so good Politicians ; and that there may be some difference in point of Interest between them and the Clergy , because Clergy-men may be in a possibility of being advanced by Popery if they submit ; but the Laity under a probability of losing all notwithstanding all submissions . Sir , I do not trouble you with this Discourse out of a fear that our Clergy will not shew themselves good Protestants , for I have that veneration for them , and opinion of them , as to believe that many of the Bishops and Clergy too , would assoon die for the Protestant Religion as any persons in the Nation . But I am jealous that there is some over-awing Power got in amongst them , something answerable to that of a Popish Successor in the State ; by whose means those Bills were so easily past in the late long Parliament , under a pretence that they were for the preservation of the Protestant Religion , which the Commons than found , and any person that will now peruse them may find , would infalibly have brought in Popery . And , how since the Plot , the danger of Fanaticks is cryed up more than that of the Papists ; and how tender they are in the point of a Popish Successor , or joyning in any thing against him . But though these things make me jealous there is some body that misleads them now in matters relating to Popery , as formerly in things relating to Property , yet I am of opinion that they will ere long see , that to stand up for the Interest of a Popish Successor , to have a Popish King , to weaken the Protestant Interest and to speak ill of Parliaments , is not the right way to preserve the Protestant Religion ; but a plain contradiction , and an invention of Jesuites . And therefore , Sir , I am for going on with the Allociation-Bill ; for I will never doubt , that the true Interest of the Nation , in so great a concern as this , will long be baffled by such projectors . and therefore it is my desire , that the House may be moved to appoint a Committee to draw up a Bill for that purpose . Sir W. H. Sir , I think you have been well moved , as well for the Association-Bill , as the Banishing-Bill . By the one , you will send your Enemies out of the Country ; by the other , be in a good condition to keep them out , which may go a great way to secure us . Sir R. T. Sir , you have been verywell moved for the bringing in of such Bills as may tend as much to the security of the Protestant Religion as any that can be offered . That of Banishment will certainly go a great way to destroy , not only their Power , but their Interest and Principles too , and be a great disheartning to their party abroad . That Interest will not then have so many Engines to work with here , as now they have . And the Bill of Association will be necessary , that we may have a Law to defend our selves . The Association made in Queen Elizabeth's time , will be a good President to draw it up by . And seeing there is no opposition , I move you to put the Question . R. M. Sir , By offering at the Exclusion Bill , we may conclude we have offended the Duke of York , by this Bill for Banishment , all the rest of the considerable Papists in England . As we have made many Enemies , so it will be convenient that we should endeavour to get some Law to defend our selves against their implacable designes . For which a Bill for an Association of all His Majesties Protestant Subjects may do well , and therefore I pray that we may move the House to have it brought in , Sir G. G. Sir , I am of opinion the Popish Plot goeth on as much as ever , and the Papists are so proud of it , as they cannot forbear bragging of their hopes to see better days speedily . I think Sir , seeing we are not like for one while to have the Exclusion-Bill , we shall appear neglectful of our duty , if we do not try what security can be contrived by an Association-Bill . And therefore I humbly pray that the House may be moved to appoint a Committee to draw up and bring in a Bill for Associating all his Majesties Protestant Subjects . I find in Cooke's Reports , that when the Nation was in apparent danger , the People might go directly to the King with their Grievances , and make their Complaints and Petitions known . I think we may do well to consult this Text , and see if we can find out any better way than what we have tryed already , to convey our humble Supplications to his Royal Person . In the mean time I think you had not best to go off from the Bill of Association ; for which we have a President in Queen Elizabeth's time , first made by the Gentry , and afterwards confirmed by Act of Parliament . L. G. Sir , I would not discourage you from going on with these Bills ; but I am afraid they will fall far short of the Power and strength that will be necessary to root out an Interest that hath been above an hundred years reivetting it self by all arts and wayes Imaginable , and hath now fixt it self so near the Throne . I must confess , I am afraid we are at labour in vain , and that this Interest hath so clenched it self ( as the Jesuites term it ) that it will break not only this Parliament , but many more , if not all Parliaments , and the Protestant Religion too . It is too weighty to be removed , or perverted , by such little Bills as these : No , Sir , you will find , that nothing less than a firm Vnion amongst all the Protestants in this Nation , can be sufficient to give any check to this Interest . As long as there are amongst us so many persons as know not rightly how to apply the dangers of the Church and State , nor the miseries of Forty One , but will be lead by Popish Projectors ; I am afraid such Bills as these will not do our business : because they will not destroy that footing which they have at Court , nor strengthen the Protestant Interest , which must have its original from Union . It is strange , that none but those who are for the Duke's interest , should be the only persons thought fit to be in places of trust ! It is so strange a way to preserve the Protestant Church and Religion , that it raiseth with me a doubt , whether any such thing be designed . Such Persons may be proper to manage Affairs in favour of the Popish interest ; but it is to be admired , that they , and they only , should be thought fit to be intrusted with the Protestant interest . I think it as hard for them to do it , as to serve two Masters . It is not usual in other Countryes to retain their Enimies in the Government , nor such as are Friends to their Enimies ; and it is strange that we , of all other Nations , should fall into this piece of Policy . But Sir , for these reasons you may conclude , that unless what Laws you make , be strong and well penned , they will signifie nothing against so powerful a Party as you have to do with . Sir W. J. Sir , there hath been so much said already upon the Subject-matter of this Debate , that I shall have little occasion to trouble you long . The worthy Member that spoke a while since , hath shewed you from whence our fears of Popery arise , from the dependance they have of assistance from France , Ireland , and Scotland in case there should be a Popish King , besides the Party they have here , and the advantage they will have by the Government , which is already secured for that Interest ; and of it self would be sufficient to contest with the Protestant interest , who in such a case would have no King to head them , no persons in any place of trust to execute any Laws in their behalf , nor no legal power to defend themselves . And therefore , seeing there is a Negative past upon the Bill , we had contrived to secure us from these great dangers , I think Sir , we may do well to try if we can get any thing else . But I am perswaded if this Association-Bill be made as it should be , that we shall have no better success with it than we had with the Exclusion-Bill : For I am afraid , that though we are permitted to brandish our Weapons , yet that we should not be allowed to wound Popery ; but rather do believe , that they which advised the throwing out of that Bill , will also do the same by this , or dissolve the House before it come to perfection : For this Bill must be much stronger than that in Queen Elizabeths days ; that was for an Association only after her death , but I cannot tell if such a Bill will secure us now , the circumstances we are under being very different . In Queen Etizabeths days the Privy Councellors were all for the Queens Interest , and none for the Successors ; now most of the Privy Councellors are for the Successors , and few for the King 's . Then the Ministers unanimously agreed to keep our Popery , now we have to much reason to fear , there are many that are for bringing it in . In those days they all agreed to keep the Popish Successor in Scotland , now the Major part agreed to keep the Successor here ; all which must be considered in drawing out of the Bill . After all these debates it was at length Resolved , That it is the opinion of this Committe , that the House be moved , that a Bill be brought in for an Association of all his Majesties Protestant Subjects , for the safety of his Majesties Person , the defence of the Protestant Religion , and the preservation of his Majesties Protestant Subjects , against all invasions and Oppositions ; and for preventing the Duke of York , or any other Papists , from succeeding to the Crown . December 17. 1680. THe House resolved into a Committee , further to consider of ways and means to secure the Kingdom against Popery and Arbitrary Government ; and after several Debates , how ineffectual all Laws would prove without having good Judges , Justices , and others in Commission that will execute them , and how frequent Parliaments would conduce to have Laws put duely in execution . Resolved , That it is the Opinion of this House , that the House be moved , that a Bill be brought in for the more effectual securing of the Meetings and Sittings of frequent Parliaments . Resolved , That it is the Opinion of this Committee , that the House be moved , that a Bill be brought in that the Judges may hold their Places and Sallaries , quam diu se bene gesserint . Resolved , That it is the Opinion of this Committee , that one means to prevent Arbitrary Power is , that the House be moved , that a Bill be brought in against illegal exaction of Money upon the people , to make it High Treason . Reported to the House , and agreed to . His Majesties Speech made to both Houses , Decemb. 15. was read . J. H. Mr Speaker , SIR , The Veneration that is due to all His Majesties Speeches , doth require that we should seriously Debate them before we give any Answer to them ; but the circumstances we are under at this time , challenge a more than ordinary Consultation . For by the tenor of the Speech , I conclude , that the Success of this Parliament depends upon our Answer to it , and consequently the safety of the Protestant Religion , both at home and abroad . And therefore I think my self very unable to advise in this matter , and should not have attempted it , but that you have encouraged me by your leave to speak first . So that if I offer any thing amiss , those that come after will have opportunities to correct me . I would begin with the latter end of the Speech first , because that part of it is most likely to be get a fair understanding between his Majesty and this House . But I cannot but observe what great care is here again taken of preserving the Succession in the Right Line , as in all other his Majesties Speeches ever since the Plot break out . I think more could not be done , though it were in behalf of the Kings Son , and a Protestant too . That limitation , and his Majesties offers of securing the Protestant Religion , ( if by Succession in the Right Line may be meant the Duke ) upon many Debates in this House is found irreconcileable , and therefore must be imputed to those that have advised his Majesty thereto . To preserve the Right of Succession in the Duke , is to preserve something or nothing . The something must be no less , then the Crown , in case of his Majesties death , and so consequently the interest of the Popish party , who after one hundred years endeavours to have a Prince of their Religion , the indefatigable industry of the Jesuits to obtain it , and the loss of so much Blood spent therein , will , besides their principles and inclinations , lay on them great obligations to make use of the opportunity to establish their Religion again in this Nation . So that I must confess , these reservations look to me like a perfect design to save the whole Party , accompanied with a power and a pretence sufficient to enable them to accomplish their end . For to this , the saving the Dukes right doth amount , and consequently the destruction of the Protestant Religion . Which cannot be imagined to proceed from his Majesty . In former times the interest of no one man could ever bare up against the interest of the Nation , now , it seems , that the Religion , Lives , and Liberties of all the people of this Nation ; nay , I may say , all the Protestants of the Three Nations must all be lost , rather then one man be dispossest of his right , though by his own Act hath made himself incapable to enjoy it . Certainly there must be more intended by this , then the saving of one man , it must be the saving of a Party . And therefore , Sir , I am afrraid we are but where we were two years ago . For it is plain to me , that there is a certain fatal Scheme which hath been exactly pursued these twenty years , in order to destroy the Protestant Interest , and hath had a strange secret operation in the management of all our affairs . And although now and then some accidents have hapned , that have occasioned some alteration for a time , as by his Majesties recalling the Toleration , some Transactions of Parliaments , the breaking out of the plot , and his Majesties Toleration of his Council , 1679. Yet I observe that after a little while there is no change in the main , all returns to the old Scheme , as if there were a certain infallible ballance that did preponderate . We have had so much experience of his Majesties goodness and inclinations , that we cannot but conclude , that there is still some such thing , as a wheel within a wheel , whether Jesuits , ( for 't is like them ) or who I cannot tell , nor how the Government is influenced , that the Protestants should not be able to obtain any thing for their security . But we may guess , and justly fear , that it will never be other ways , as long as there is a Popish Successor . The truth is , we have a hard task to serve our King and Country , in such a time as this is . We may expose our selves to the rage of a powerful party , but I am afraid , get little to secure our selves against their revenge . We are under the same inequailty as fair gamesters , that meet with those that use false Dice , and are like to have the same ill luck at last , unless his Majesty should be pleased to consider , who stands up most for his Government , and who plays fairest , and accordingly , change his Councils . The first three Paragraphs of the Speech are about Alliances , the fourth about Tangier , the fifth about securing the Succession , the sixth to know what we desire , and what we will do . Sir , I take no delight in looking backward , but without doing it at this time , I am afraid we shall not mend , as we go forward . It is not to be doubted , but that as well for the security of the Nation , at home , as of Flanders against the power of France and the Protestant Religion abroad , we are under a necessity to make Alliances , and that they cannot be made nor supported without Money . But did we not give above Two Millions for the preservation of the Tripple-League , and was it not by the power of the French and Popish Party imployed to break it ? Did we not a little while since give about a Million and half for an actual French War , and was there not presently a general Peace made ? Do not all Forreign Nations complain , that notwithstanding all our Treaties , pretences , and Declarations , we have been only true to France ? And what reason have we now to imagine , that if we should give Money for Leagues , that it would be imployed otherwise then formerly ? Is not the same Scheme of Government pursued still ? Is not the French Ambassador , and the French Women too , as great at Court as ever ? And have not the Dukes Creatures the management of all our affairs ? and if the Dukes interest , the French interest , and the Popish interest be all one , can you imagine , that your Money shall be imployed to make any Alliances that shall be for the advantage of the Protestant Religion . No , Sir , though his Majesty so intend it , yet the wheel within a wheel , which hath managed all other alliances hitherto , will also manage these , and have the Disposal of your Money too , and pervert it to our Destruction . And until things settle here at home , on a true Protestant bottom , it cannot be imagined , that any Forraign Prince will depend on us , or make Alliances with us . And therefore , as well for that , as because our Money may not probably be disposed of for any good end , it is in vain to Treat of either Alliances or Money . For until the Interest be changed at Court , that so there may be a better understanding between the King and his People , it cannot produce any thing for our advantage . As to Tangier , and the Succession , there hath been so much said already , when those points were debated , that I will not trouble you with more at this time . But I beg leave to add something about the latter part of the Speech , which doth a little comfort me , because I hope we may graft such an Answer thereupon , as may beget a right understanding with His Majesty . I know this House is constituted of persons much different from that of the Long Parliament , because of the many Pensioners that were in it , and that we need not now be afraid to talk of Money . I believe we all know , that without giving Money this Session , the Nation can never be happy , nor His Majesties Government so formidable as it ought to be . And therefore I would humbly move you to appoint a Committee , to draw up an Address to assure His Majesty , that when His Majesty shall be pleased to grant us such Laws , as are necessary for the security of our Religion , which may be particularized in the Address ; that we will be ready to give him what Money his occasions may require , not only for the support of Tangier , and Alliances , but to enable him to have a good Fleet at Sea , for the encouraging of Seamen , and security of Trade , and preservation of his Dominions ; that so we may shew we are ready to express our duty , as well by our acts as words . Ld R. Mr. Speaker , Sir , being it is so apparent that all our fears of Popery arise from , and center in the Duke of York ; and that it is impossible the affairs of this Nation should ever settle on a good Protestant bottom , as long as there is a Popish Successor , which cannot be prevented but by the Succession Bill . That there may be no ill construction made of our desires I would humbly move you to offer to supply the King , with what money he may need for the support of Tangier and Alliances , upon his granting of the Succession Bill only , that so His Majesty may have no reason to be diffident of us : not doubting , but that if we can once but lay a foundation for a good Correspondence , that His Majesty will take so much content in it , beyond what he doth now enjoy , that to preserve it , he will afterwards grant us what more Bills may be further necessary for the security of the Protestant Religion . And therefore I am not for clogging this Address with any request for anything more , than that one Bill . Sir W. J. Mr. Speaker . Sir , We have hitherto had so little success in our endeavours , that we may justly suspect , we are permitted to sit here , rather to destroy our selves , then to save our Country . It is a matter of admiration to me , that those who have so often advised His Majesty , to put this and the former Parliaments upon finding out Expedients , for securing the Protestant Religion , without altering the Succession should all this while find out none themselves , but still continue advising the King to put that upon us , which after many Debates is found to be impossible . And that the King should always have at his elbow , persons ready to remember him constantly to make his limitation , which in all appearance must tend to the final destruction of the Protestant Religion . And that there should be no body there , to mind him of proposing some Expedients to prevent it , only in general words , of which no use can be made , According to the opinion of Three successive Parliaments , the limitation in favour of the Popish Interest , is plain , intelligible , and practicable . I hope his Majesty against the next occasion , will require them that have so advised him , to make the Expedients , and other ways to secure the Protestant Religion , as plain and practicable ; that so we may see if the security of the Protestant Religion be designed in good earnest by such advisers , which I cannot believe ; because what they propose , is in my opinion a contradiction in it self . Without the Exclusion-Bill , there can be no Expedient , but what will leave us in that miserable condition , of having first or last a contest with our lawful King. And there can be no such thing as setting up a power to oppose him , but by putting a kind of Supream Authority in the Parliament , with a power to oppose , as well by making War as Laws , which might prove the destruction of the Monarchial Government . The said trust or power ( without the Exclusion Bill ) being not to be reposed in the next Heir , or any single person , least he should dye before he come to have the power in him , or utterly refuse to act if he should live to have a right by vertue of such a settlement , to administer the Government . In such a case there would be no lawful power lodged any where else , to oppose such a King , and there must not be an inter Regnum . By this short account you may see , what difficulties all expedients will be liable too , and may conclude , that those that advise the King to make this Limitation , do intend it as an Expedient to make the endeavours of Parliaments ineffectual , and to bring in Popery . And if you had offered at such Expedients as I have mentioned , as the last House of Commons was Arraigned for Omnipotent and Arbitrary , so would this with some worse Character ; as having attempted to destroy the Monarchical Government , that if possible the King and People might be put out of love with Parliaments . But Sir , though it is plain that things are thus out of order , yet let us not be wanting in our duty , but give such an Answer to his Majesty , as may if possible , create in him a good opinion Of his House , and satisfie him of the necessity of the Bill of Exclusion , and that all other Acts of Grace will but serve to fatten us for the slaughter of our Enemies . The last part of this Speech , I believe , is his Majesties own ; he seems willing to know what you expect from him , and what you will do for him , which I think is a fair proposition to come to an understanding . And although it be not good manners to offer to make a bargain with his Majesty ; but as in bargains there is a quid and pro quo , so in this . And I think we need not fear talking of money in this House , being all seem resolved to give it freely , if we can be secured of our Religion , but not otherways . And therefore I humbly conceive , you may accordingly express your selves plain in your Address . W. G. Mr. Speaker , Sir , if you do not represent all your Grievances in this Address , as the condition of your giving Money , whatever you shall offer at afterwards , will be looks as clamarous and out of order . And therefore I would advise you not to omit any one Grievance you expect any ●e ready in . And I am for enumerating all your Grievances in the Address , which have been lately Debated . And I do admire no body does take notice of the standing Army which if not reduced to such a number as may be convenient for Guards , and so limited , that they may not be increased , unless in case of a Rebellion or an Invasion , all your Laws may signifie nothing . And I am not satisfied , in the making of such general offers of Money . For if you do , you will hear in time , that the Fleet needs one Million Allyances as much more , and Tangier ( though I think not worth keeping ) little less . A demand of Three Millions , grounded on your general promise , would perplex the House how to come off with that reputation , which a House of Commons ought to preserve with the King. I know not how such a promise may be turned upon you , and therefore I am either for demanding more , or promising less . Sir E. H. Mr. Speaker , Sir , I am very unwilling to have this Parliament broken , yet I cannot agree , that to prevent it , we should offer so much , and demand so little as hath been mentioned . Have we not sat two dayes in a Committee , to examine the dangerous estate of the Kingdom , and ordered several good Bills to be brought in thereupon , for the securing us against Popery and Arbitrary power , and shall we now the next day lay all those Bills aside , and be content with the Exclusion-Bill onely , which I think will be worth nothing , unless you can get more . And therefore , though to obtain them you spoke plain English , and mentioned what sum you intend to give , I think you will be safer to offer Money in general words , without declaring what , or enumerating your Bills . G. V. Mr. Speaker , Sir , I cannot agree with this worthy Member , for it would take up some days Debates , to agree what some is necessary to supply his Majesties occasions , and what sum to express . And it may be to no purpose , as the case stands with us , unless we were sure his Majesty would find out some way to bring the Exclusion Bill about again , then indeed we might come to particulars . In the mean time , a promise in general words may be sufficient , and save the House a great deal of time . And for my part , I am not for enumerating many Bills , but should be content to give Money upon having the Exclusion Bill only , which being so precisely necessary for the preservation of our Religion all the world will justifie us in the demanding it , before we part with Money , and therefore I desire the Committe may draw up the Address accordingly . Resolved , That a Committee be appointed to prepare an Humble Address to His Majesty , upon the Debate of the House , in answer to His Majesties Speech . December 20. 1680. Mr. Hampden reports the Address ; which was read . The Humble Address of the House of Commons presented to his Majesty , in Answer to his Majesties Gracious Speech to both Houses of Parliament , upon the 15th day of the same December . May it please your most Excellent Majesty , WE Your Majesties most Dutiful and Loyal Subjects , the Commons in this present Parliament Assembled , have taken into our serious Consideration , Your Majesties Gracious Speech to both Your Houses of Parliament , on the 15th of this Instant December ; and do with all the grateful Sense of Faithful Subjects , and sincere Protestants , acknowledg Your Majesties great goodness to us , in renewing the assurances You have been pleased to give us of your readiness to concur with us in any m●●● for the security of the Protestant Religion , and Your Gracious Invitation of us to make our desires known to your Majesty . But with grief of Heart we cannot but observe , that to these Princely Offers , your Majesty has been advised ( by what secret Enemies to Your Majesty and Your People , we know not ) to annex a Reservation , which if insisted on , in the instance to which alone it is applicable , will tender all Your Majesties other Gracious Inclinations of no effect or advantage to us . Your Majesty is pleased thus to limit Your promise of Concurrence in the Remedies which shll be proposed , that they may consist with preserving the Succession of the Crown in it's due and legal course of Descent . And we d● humbly inform four Majesty that no Interruption of that Descent has been endeavoured by us , except only the Descent upon the Person of the Duke of York , who by the wicked Instruments of the Church of Rome , has been manifestly perverted to their Religion . And we do humbly represent to Your Majesty , as the Issue of our most deliberate Thoughts and Consultations that for the Papists to have their hopes continued , that a Prince of that Religion shall succeed in the Throne of these Kingdoms , is utterly inconsistent with the Safety of your Majesties Person , the preservation of the Protestant Religion , and the Prosperity , Peace , and Welfare of your Protestant Subjects . That your Majesties Life is in continual danger , under the prospict of a Popish Successor , is evident not only from the Principles of those devoted to the Church of Rome , which allow that an Heritical Prince ( and such they term all Protestant Princes ) Excommunicated and Deposed by the Pope , may be destroyed and murthered , but also from the Testimonies given in the prosecution of the horrid Popish Plot , against divers Traitors attainted for designing to put those accursed Principles into practice against Your Majesty . From the expectation of this Succession , has the number of Pupists in your Majesties Dominions so much increased within these few years , and so many been prevailed with to desert the true Protestant Religion , that they might be prepared for the Favours of a Popish Prince , assoon as he shall come to the possession of the Crown : And while the same Expectation lasts , many more will be in the same danger of being perverted . This it is that has hardned the Papists of the Kingdom , animated and confederated by their Priests and Jesuits , to make a Common Purse , provide Arms , make application to Forreign Princes , and sollicite their Aid , for imposing Popery upon us ; and all this even during Your Majesties Reign , and while Your Majesties Government and the Laws were our protection . It is Your Majesties Glory and true Interest , to be the Head and Protector of all Protestants , as well abroad as at home : But if these hopes remain , what Alliances can be made for the advantage of the Protestant Religion and Interest , which shall give confidence to Your Majesties Allies , to joyn so vigorously with your Majesty , as the State of that Interest in the World now requires , whilst they see this Protestant Kingdom in so much danger of a Popish Successor ; by whom at the present , all their Councils and Actions may be eluded , as hitherto they have been , and by whom ( if he should succeed ) they are sure to be destroyed ? We have thus humbly laid before your Majesty , some of those great Dangers and Mischiefs which evidently accompany the expectation of a Popish successor . The certain and unspeakable Evils which will come upon your Your Majesties Protestant Subjects and their Posterity , if such a Prince should inherit , are more also than we can well enumerate . Our Religion , which is now so dangerously shaken , will then be totally overthrown ; nothing will be left , or can be found to protect or defend it . The execution of old Laws must cease , and it will be vain to expect new ones . The most sacred Obligations of Contracts and Promises ( if any should be given ) that shall be judged to be against the Interest of the Romish Religion , will be violated ; as is undeniable , not only from Argument and Experience elsewhere , but from the sad Experience this Nation once had on the like occasion . In the Reign of such a Prince , the Pope will be acknowledged Supream ( though the Subjects of this Kingdom have sworn the contrary ) and all Causes , either as Spiritual , or in order to Spiritual Things , will be brought under his Jurisdiction . The Lives , Liberties , and Estates of all such Protestants , as value their Souls and their Religion more than their secular Concernments , will be adjudged forfeited . To all this we might add , That it appears in the discovery of the Plot , that Forreign Princes were invited to assist in securing the Crown to the Duke of York , with Arguments from his great Zeal to establish Popery , and to extirpate Protestants ) whom they call Hereticks ) out of his Dominions , and such will expect performance accordingly . We further humbly beseech Your Majesty , in Your great Wisdom to consider , Whether in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York , the opposition which may possibly be made to his possessing it , may not onely endanger the farther descent in the Royal Line , but even Monarchy it self . For these Reasons we are most humble Petitioners to Your most Sacred Majesty , That in tender commiseration of Your poor Protestant People , your Majesty will be graciously pleased to depart from the Reseruation in your said Speech ; and when a Bill shall be tendred to Your Majesty , in a Parliamentary way , to dissable the Duke of York from inheriting the Crown , Your Majesty will give your Royal Assent thereto ; and as necessary to fortifie and defend the same , that Your Majesty will likewise be graciously pleased to Assent to an Act whereby Your Majesties Protestant Subjects may be enabled to Associate themselves for the defence of Your Majesties Person , the Protestant Religion , and the Security of your Kingdoms . These Requests we are constrained humbly to make to Your Majesty as of absolute Necessary , for the safe and peaceable Enjoyment of our Religion . Without these things , the Alliances of England will not be valuable , nor the People Encouraged to contribute to your Majesties Service . As some farther means for the Preservation both of our Religion and Propriety , We are humble Suiters to your Majesty , that from henc●forth such persons only may be Judges within the Kingdom of England and Dominion of Wales , as are men of Ability , Integrity , and known affection to the Protestant Religion . And that they may hold both their Offices and Salleries : Quam diu se bene gesterint . That ( several Deputy-Lieutenants and Justices of the Peace , fitly qualified for those Imployments , having been of late displaced , and others put in their room ; who are men of Arbitrary principles , and Countenancers of Papists and Popery ) such only may bear the Office of a Lord-Lieutenant as are persons of Integrity and known Affection to the Protestant Religion . That Deputy-Lieutenants and Justices of the Peace may be also so qualified , and may be moreover men of ability , of Estates and Interest in their Country . That none may be employed as Military Officers in Your Majesties Fleet , but men of known Experience , Courage , and Affection to the Protestant Religion . These our humble Requests being Obtained , We shall on our part be ready to Assist Your Majesty for the Preservation of Tangier , and for putting Your Majesties Fleet into such a condition as it may preserve Your Majesties Soveraignty of the Seas , and be for the Defence of the Nation . If your Majesty hath or shall make any necessary Alliances for the Defence of Protestant Religion , and Interest and Security of this Kingdom , this house will be ready to Assist and Stand by Your Majesty in the support of the same . After this our Humble Answer to Your Majesties Gracious Speech , we hope no evil Instruments whatsoever shall be able to lessen Your Majesties Esteem of that Fidelity and Affection we bear to Your Majesties Service ; but that Your Majesty will alwayes retain in Your Royal Breast , that favourable Opinion of us Your Loyal Commons , that those other good Bills which we have now under Consideration , c nducing to the Great Ends we have before mentioned ; as also all Laws for the benefit and comfort of your People , which shall from time to time be tendred for your Majesties Royal Assent , shall find acceptance with your Majesty . E. V. Mr. Speaker , Sir , I have hearkened with all the attention I could to this Address , and do agree with the first part of it . The Dangers and Inconveniences arising from a Popish Successor , are very obvious ; and that there will be no Peace nor Tranquility in this Nation for the present , as long as there is a Popish Successor , and that our Religion will be lost , if there should be a Popish King , I am afraid is too true : But yet I must crave leave to dissent from the opinion of those worthy Members that have drawn it , as to the other parts thereof . I think it is not convenient at this time , to press so hard for the Exclusion , Bill , because we know we cannot have it without a Prorogative , which for my part I fear at this time , as much as I do a Popish Successour : For I do believe , if it should happen , that you will sooner see the Duke at White-hall , than this Assembly meet together again between these Walls . And therefore am not willing to give the Popish party such an advantage to procure our Dissolution , lest they should lay hold of it , as I believe they would ; by which the Protestant Interest both abroad and at home , will be ruin'd . And As I cannot agree in this , so neither in pressing the Association Bill . For being it hath not yet been brought into the House , we do not well known what will be the purport of it . And it is not proper , that we should ask of the King we know not what ; nor expect that he should grant us what he can know nothing of . And truly , Sir , I think that these things about the Judges , Deputy-Lieutenants , and Justices of the Peace , are minute things to be insisted on at this time , compared with others which might be demanded . Queen Elizabeths Councellors never thought her safe , until the Popish Successor was inclosed in a Tower ; and I am afraid that you will never be safe , until you take some such course that may bring things to an issue . When you have done that , and banished all the considerable Papists out of England , I think we shall not be in so apparent danger , as we now are . And seeing this may probably be granted , and the other Bills not , I humbly move you to recommit the Address that it may be better considered . I know not how this may agree with the sense of the House , but I shall always crave leave to speak in this place according to my Conscience , that so I may have peace within me ; but readily submit to better Judgments . Sir W. J. Mr. Speaker . Sir , I am very glad that worthy member agrees in the apprehensions of the dangers arising from a Popish Successour , and in the necessity of the Bill of Exclusion ; and am very sorry I cannot agree with him in the rest of his Discourse . I cannot imagine , without a high reflection upon his Majesty , that if he should be perswaded to prorogue the House for two or three days , in order to pass the Exclusion Bill , that he should instead of permitting us to meet again , dissolve the Parliament which is quite contrary to it . I fear a Prorogation , without being intended for this ; but if once we could prevail with his Majesty to do it for this end , I shall not doubt the desired effect . And in pressing the Association Bill , we shall not press the King to grant us we know not what ▪ The word Association may very well be understood , and the ends of it are declared to be for the security of his Majesties Person , and the Protestant Religion . And if when drawn , it should be directed to other ends . I suppose this House will take care to mend it ; if not , the Kings promise can bind no farther than to pass a Bill for those ends . But I do much admire to hear , that the having of good Judges , Justices , and Commanders at Sea and Land , is a trivial thing : For I think that all other things you desire without it , would signifie nothing . As long as the Laws and Militia of the Nation is in the hands of persons not well-affected to the Protestant Interest , I am afraid we shall have no security against Popery . As to the new way that hath been proposed of bringing matters relating to the Popish Successour , to such an issue , as that he may be secured , as in Queen Elizabeth's time . If he had been sensible that there are none in Office but what are for his Interest , he would first have agreed to have endeavoured to have got such changed , before he would have proposed that way . And it would be necessary that we should also have such Privy-Councellors as Queen Elizabeth had , and not Eleven to Seven for the Popish Successor . And therefore seeing these Proposals have no more appearance of being for your service , I see no reason you have to be diverted from the way you were going : And therefore I humbly move to agree with your Committee . The House Agreed . December 21. 1680. A Bill was read for Vniting his Majesties Protestant Subjects . P. Mr. Speaker . SIr , is it not to be doubted but that the happiness of this Nation and safety of our Religion doth depend very much upon preserving the well-constituted Government of the Church , and that the Government in the State will not long stand if that be pull'd down , to which , I am afraid , this Bill will contribute very much . Sir , it is well known , how notwithstanding all the endeavours of his Majesty , as well in Parliament as otherwise , all the Acts that are in force against Dissenters , all the endeavours of the Fathers of the Church , there are a sort of men , and great numbers too , who will neither be advised nor overruled , but under the pretence of Conscience break violently through all Laws whatsoever , to the great disurbance both of Church and State. And if you should give them more Liberty , you will encourage them to go on with more boldness ; and therefore I think it will be more convenient to have a Law for forcing the Dissenters to yield to the Church , and not to force the Church to yield to them ; And I think we are going quite the wrong way to do the Nation good . And therfore I 〈◊〉 against this Bill . D. Mr. Speaker . Sir , I would not open my mouth in favour of this Bill if I thought it would any ways prejudice the Church , or Church-Government ; but I believe it may have a quite-contrary effect , and tend more for the preservation and safety of the Church and Church-Government , than any Bill whatsoever that could be contrived . We have a Church-Government setled by Law , to which the Major-part of the People like good Christians and Loyal Subjects give obedience ; but it is our misfortune that there are in the Nation a great many which will not submit to this Government , which may be divided under three Heads . 1. The Papists , who differ from us in points of Faith , and will not give any obeysance but to the Church of Rome . 2. Independants , Presbyterians , and some others , who agree in points of Faith , and differ only in some points of Doctrine and Ceremonies , 3. Quakers , who disagree not only in points of Doctrine and Ceremonies , but in points of Faith , and are a head-strong sort of unreasonable people , that will not Submit to any Laws made about Religion , but do give obedience to the Civil Magistrate upon all other occasions . The Church of England men , are not only the greatest number , but have the Government of their side . What Laws to make that may tend most to the preserving of it is your business . It is in danger from the Papists on the one hand , and the rest of the Protestant-Dissenters on the other , who in some measure agree in their enmity and disrespect to the Church ▪ and therefore the more care ought to be taken for its preservation . Having thus , Sir , discovered the danger of the Church in general , it will be necessary , in order to find out a remedy , to discourse a little of the Strength and Interest of each Party in particular . Sir , the Papists are not the greatest number , but yet in my opinion , upon several considerations , are most to be feared , because of their desperate Principles which make them bold and indefatigable , and the assistance they may have from Rome , France and Ireland ; but above all , from the great share they have in the management of the Government , by the means of a Popish Successour , and the fear of their getting the Government into their hands hereafter , by having a Popish King. Which of it self hath been sufficient in former times to change the Religion of this Nation , and may justly be feared , may have the same effect again , unless the Protestants be well united . The Presbyterians , Independants , and all other Dissenters , may be more in number than the Papists , and may be willing enough to have the Church-Government altered , if not destroyed ; yet being they cannot have any succour from abroad , nor from the Government here at home , I cannot see any great danger of them . For it is not probable that they shall ever have a King of their opinion , nor a Parliament , by the discovery they made of their strength in the last Elections . For according to the best calculation I can make , they could not bring in above one in twenty . And therefore , because they have not such bloudy desperate Principles as the Papists , and because we agree in points of Faith , and so no such great danger from them as from the Papists , I think we have reason to conclude , that the Church is most in danger from the Papists , and that therefore we ought to take care of them in the first place ; and we cannot do that by any way more likely to prove effectual , than by some such Bill as this . Because if it should have the effect designed of bringing in many of the Dissenters into the Church , it would disappoint them of the great hopes they have grounded on our Divisions , and make the Church stronger , not only to oppose the Papists , but such Fanaticks as may not come in . And if we should be so unfortunate as that this Bill should not have this success , I do not understand it will any way weaken the Church-Government . And therefore I am for this Bill . F. Mr. Speaker , Sir , this Bill is intended for the preservation of the Church , and I am of opinion , is the only Bill that can be made in order thereto , our circumstances considered . But I know not what effect it may have , because you are to deal with a Stubborn sort of people , who in many things prefer their humour before reason or their own safety , or the publick good . But , Sir , I think this is a very good time to try whether they will be won by the Cords of Love or no , and the Bill will be very agreeable to that Christian Charity which our Church professes ; and I hope that in a time of so imminent danger as we are in , of a common Enemy , they will consider their own safety , and the safety of the Protestant Religion , and not longer keep afoot the unhappy Divisions that are amongst us , on which the Papists ground their hopes . But rather seeing the Church doth so far condescend as to dispence with the Surplice and those other things which they Scruple at , that they will submit to the rest that is enjoyned by Law , that so we may unite against the common Enemy . But if this Bill should not have this desired effect , but on the contrary , notwithstanding this condescention , they should continue their Animosities and disobedience to the Church , I think still the Church will gain very much hereby , and leave that party without excuse and be a just cause for the making of more coercive Laws . So that upon all accounts you have been well moved for the passing of this Bill . E. Mr. Speaker , Sir , I very much admire to hear it alledged , that this Bill will tend to the advantage of the Church ▪ For how can the pulling down of the Pales , and weakning the Laws against its Enemies , be a way to preserve it ? I am of another opinion , and do think this Bill may not only occasion , a great weakness , but give , I fear , a mortal Wound to the Church . Is it not much more reasonable , that the Dissenters should submit to the Church , than the Church to the Dissenters . And I am afraid , if once the Government should begin to yield to them , it will be as in 41. nothing will serve but an utter subversion , the having of one thing , will give occasion for demanding more ; and will be impossible to give them any satisfaction , without laying all open , and running into confusion . It is our misery that the Church is in so much danger of Popery , pray , Sir let us have a care how we increase her danger from Fanaticks . Instead of this Bill , I humbly conceive , that Laws to force the execution of such Laws as are in being against the Dissenters , and what more may be necessary to compel an entire obedience , ( seeing the experience we have already had of this other way hath not proved effectual ) may more contribute to the strengthening of the Church , and prevention of Popery . Mr. Speaker , Sir , as well Church-men as Dissenters , do all know we have a dangerous common . Enemy that is got within our bowels , and wants nothing but a King to their minds to have the strength of the Nation , as well Civil as Military , at their command , and so consequently a sufficient power to destroy the Protestant Religion , if not prevented by a timely Union of the Protestant Interest . The question that may properly arise at this time is , whether the putting of the Laws we have already in Execution , and making more against Dissenters , in order to bring them into the Church by force , or the making of this Law to bring them in by fair means , be the most likely way to unite us , that so we may be in a better condition to oppose the common Enemy , It is obvious to me , that the making of new Laws , or execution of the old at this time , is the ready way to ruine us ; and what the Papists do certainly desire and aim at above all things whatsoever . For if it should be put in practice , the effect would be this , It would be the occasion of throwing off the further prosecution of the Plot and Popery , and in a little time occasion , not only more heats and animosities , but such a revengeful implacable Spirit amongst us , as would prove irreconcilable , and give opportunity for the Popish Interest to joyn with either party , or at least ways to abet and assist them under hand , so as that they shall be easily provoked to destroy one the other . But if this should not happen , what real Love , Friendship , or Obedience can the Church expect from such persons , as by the execution of such Laws may be forced to come to Church ? How can they be depended on , or the Church be strengthened by them ? You may prevent their Conventicles , and force them either to come to Church or pay Fines , or be Imprisoned ; but you cannot expect that their Opinions or Affections should be altered by such proceedings , without which the Church can never be the stronger . It must be a work of time to reconcile the Divisions that are amongst us , and may be a great and necessary employment for many Parliaments hereafter , when the common Enemy doth not give such a just occasion of distraction , and for employing all your thoughts and care about him when they may have more leisure , because their dangers may not be so imminent . But to go about it at this time by any such Laws , is the ready way to weaken the Protestant Interest , and bring ruine upon us . But suppose we would follow this advise , and make new Laws , and require a severe execution of the old , how can you imagine that as long as the Popish Interest is so prevalent , the execution of such Laws shall be continued longer , than may be subservient to the Interest of that party ? Have we not had a sad experience of this ? Hath the Oxford - act , or that of the 25 of Queen Elizabeth , or any other against the Dissenters being executed in favour of the Church ? are not the Dissenters as many , if not more , now than ever ? And is not experience in all affairs the best Master ? and is there any thing more visible , than that these Laws have been made use of to serve the Popish Interest , or as Engines rather for the affairs of the State than Church : when in the year 1670. by the severe execution of these Laws all Meetings in Conventicles were prevented and many Dissenters came to Church , did not the Tolleration happen thereupon ? and was not the execution of the Laws put ●oot , as may be presumed , by that great Papist Clifford , who had then the greatest share ( under his Majesty ) in the Administration of the Government ? If the execution of the Laws against Dissenters had been for the advantage of the Church , why was there then granted a Tolleration ? and if the Tolleration had been intended for the advantage of the Protestant Religion , why were not the Churchmen , nor Dissenters of any kind , pleased with it , And if the Oxford-act , and other Laws against Dissenters , were projected in favour of the Protestant Religion , it was strange that they were so much promoted ( as many Members , now here , who did serve in those Parliaments do remember ) by Sir Tho Clifford , Sir Solomon Swale , and Sir Roger Strickland , who have since all appeared to be Papists . Sir , we have been strangely led by the Popish Interest for many years already , I pray Sir , let us not now at last do like Narcissus , to be so much in love with a Shadow , as to fall into a Gulph and drown our selves . Sir , I am afraid the Name of Church hath been strangely made use of to bring in Popery . I hope we shall endeavour to preserve , not onely the Name , but the Substance , I mean the Protestant Religion , otherwise we may come off no better than the Dog in Aesop's Fables with his shoulder of Mutton . I hope that what I have said , will not represent me as an Enemy to the Church , or Church Government ; I am sure , I am not conscious to my self , that I ever entertained a thought against the preservation of either . All what I have said , doth proceed from an apprehension that our Church-men of late have been out of the right way to preserve either our Religion or our Church ; Because the courses which they take must ( though I am far from suspecting they design it ) give a great assistance to Popery . I remember that after the Plot broke out , there was for a little while a kind of a reconciliation amongst Protestants , and an united opposition made to the common Enemy , and how then the Popish Interest gave way , we may all remember but this was too much in favour of the Protestant Religion to hold long . Within a few Moneths the fire broke out again , and the Pulpits and the Press , instead of being employed against the Common Enemy , were reduced to their old way , of carrying on the divisions amongst Protestants : And how the Popish Interest have since gone on triumphant again , all here , I suppose , may know . Sir , the Church hath two strong Enemies , the Papists and Fanaticks . We are already engaged in a sharp contest with the Papists , and find they are strong enough for us ; Why must we now also enter into a fresh engagement with the Fanaticks , especially when we may be sure thereby to strengthen our Enemies , and weaken our selves ? Such advice cannot proceed from such as are friends to the Protestant Church : If we should make new Laws against Dissenters , as hath been moved , and enforce the execution of the old ones , as long as we have a Popish successor , can any man imagine , that the execution of them will be longer kept afoot , than will consist with the Popish Interest . Sir , our Church and Religion will be lost , if Union be not improved amongst Protestants , and I think no Bill can promote it like this . And therefore I am for the passing of this Bill . Vpon these Debates it was Resolved , That the said Bill be committed upon the Debate of the House . Upon the 4th . of January 1680 / 81. His Majesty was pleased to send a most Gracious Message to the Commons in these words . CHARLES R. HIS Majesty received the Address of this House with all the disposition They could wish , to comply with Their reasonable Desires ; but upon perusing it , He is sorry to see Their Thoughts so wholly fixt upon the Bill of Exclusion , as to determine that all other Remedies for the suppressing of Popery will be ineffectual : His Majesty is confirmed in his opinion against that Bill by the Judgment of the House of Lords , who rejected it . He therefore thinks there remains nothing more for Him to say in answer to the Address of this House , but to recommend to Them , the Consideration of all other Means for the preservation of the Protestant Religion , in which They have no reason to doubt of His concurrence , whenever they shall be presented to Him in a parlimentary way ; And that They would Consider the present State of the Kingdom , as well as the Condition of Christendom , in such a manner as may enable Him to preserve Tangier , and serve His Alliances abroad , and the peace and Settlement at home . All this while here was nothing but a means debated , conformable to the incouragement which his Majesty himself had most graciously given them , which next to the Bill of Exclusion , might be most probable ( since the first was to be laid aside ) to secure his Majesties Person and his Government , and consequently the whole Kingdom , and the Protestant Religion . And thus at length an Association was thought upon and found to be one of the best Expedients for those most noble an pious ends aforesaid , as having been formerly practicable for preservation of our Prince and Country in the Raign of Queen Elizabeth . At what time to prevent the wicked designes and seditious practises of the Pope , the Spaniard and the Guises in France , and to provide for the Queens safety , upon which the welfare both of the Realm and Religion depended , as now it does on the life of our sacred Sovereign , many men of all degrees and conditions throughout England , by Leicesters means , and out of their own publick care and love , while they stood not in fear of the Queen , but were full of fear for her , bound themselves in an Association by mutual Vows , Subscriptions , and Seals , to prosecute to the death , as far as lay in their power , all those that should attempt any thing against the Queen . This Association was afterwards confirmed in Parliament in the year 1658. with the approbation and consent of all , at what time it was Enacted that twenty four or more of the Privy Council or Lords of Parliament to be de puted by the Queens Commission , should make inquisition after all such as should invade the Kingdom , raise Rebellion , or attempt to hurt or destroy the Queens person , for or by whomsoever employed that might lay claim to the Crown of England : And that he for whom , or by whom they should attempt the same should be utterly uncapable of the Crown of England , deprived wholly of all Right and Title to it , and prosecuted to death by all Faithful Subjects , if he should be judged by those 24 men to be guilty of such Invasion , Rebellion or Treasonable attempt , and by publick Proclamation so declared : The noise of such an Assotiation as this , for it cannot be imagined , that the Parliament of England ever intended any other , rang such an astonishing peal in the ears of the Kings , and Kingdoms Enemies , that to render the very name of Association odious to the world , they framed an Infamous piece of Treason , which they called the Association intended , and would needs to make the thing pass the more Current and Probable have it found in the Study of the Right Honourable Earl of Shaftsbury's ; which follows in these words , as it was Exhibited to the Grand-Jury at the Old Baily . Then this Paper was Read as followeth . WE the Knights , &c. finding to the grief of our Hearts , the Popish Priests and Jesuits , with the Papists and their Adherents and Abettors have for several years last past , persued a most pernicious and hellish Plot , to root out the True Protestant Religion as a pestilent Heresie , to take away the Life of our Gracious King , to subvert our Laws and Liberties , and to set up Arbitrary Power and Popery . And it being notorious that they have been highly encouraged by the Countenance and Protection given and procured for them by J. D. of Y. and by their Expectations of his succeeding to the Crown , and that through crafty Popish Councils his design hath so far prevailed , that he hath created many and great Dependents vpon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us , That by his Influence Mercenary Forces have been levied and kept on foot for his secret designes contrary to our Laws ; the Officers thereof having been named and appointed by him , to the apparent hazard of his Majesties Person , our Religion , and Government , if the danger had not been timely foreseen by several Parliaments , and part of those Forces with great difficulty , caused by them to be disbanded at the Kingdoms great Expence : And it being evident , that notwithstanding all the continual endeavours of the Parliament to deliver his Majecty from the Councils , and out of the Power of the said D. yet His Interest in the Ministry of State and others have been so prevalent , that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies , and ill Ministers of State their Assistants . And that the said D. in order to reduce all into his own power hath procured the Garrisons , the Army and Ammunition , all the power of the Seas and Soldiery , and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents , even in opposition to the Advice and Order of the last Parliament And as we considering with heavy Hearts how greatly the Strength , Reputation and Treasure of the Kingdom both at Sea and Land is Wasted and Consumed , and lost by the intricate expensive management of these wicked destructive Designes ; and finding the same Councils after exemplary Justice upon some of the Conspirators , to be still pursued with the utmest devilish Malice , and desire of Revenge ; whereby his Majesty is in continual hazard of being Murdered to make way for the said D.'s Advancement to the Crown , and the whole Kingdom in such case is destitute of all Security of their Religion , Laws , Estates , and Liberty , ( ad experience in the Case , Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince . We have therefore endeavoured in a Parliamentary way by a Bill for the purpose to Bar and Exclude the said Duke from the Succession to the Crown , and to Banish him for ever out of these Kingdoms of England and Ireland . But the first means of the King and Kingdoms Safety being utterly rejected , and we left almost in Despair of obtaining any real and effectual security , and knowing our selves to be intrusted to Advise an Act for the preservation of His Majesty and the Kingdom , and being perswaded in our Consciences that the dangers aforesaid are so eminent and pressing , that there ought to be no delay of the best means that are in power to secure the Kingdom against them . We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn and sacred promise of mutual Defence and Assistance in the preservation of the true protestant Religion , His Majesties Person and Royal State and our Lawes , Liberties and Properties , and we hold it our bounden Duty to joyn our selves for the same intent in a Declaration of our Vnited Affections and Resolutions in the Form insuing . I A. B. Do in the presence of God solemnly Promise , Vow , and Protest to maintain and defend to the utmost of my Power , with my Person and Estate , the true Protestant Religion , again Popery and all Popish Superstition , Idolatry , or Innovation , and all those who do or shall endeavour to spread or advance it within this Kingdom . I will also , as far as in me lies , Maintain and defend his Majesties Royal Person and Estate ; as also the Power and Priviledg of Parliaments , the lawful Rights and Liberties of the Subject against all incroachments and Vsurpation of Arbitrary power whatsoever , and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were Raised to Advance it , and are still kept up in and about the City of London , to the great Amazement and Terror of all the good People of the Land. Moreover J. D of Y. Having publickly professed and owned the Popish Religion , and notoriously given Life and Birth to the Damnable and Hellish Plots of the Papists against his Majesties Person , the Protestant Religion , and the Government of this Kingdom ; I will never consent that the said J. D. of Y. or any other , who is or hath been a Papist , or any ways adher'd to the Papists in their wicked Designs , be admitted to the Succession of the Crown of England , But by all lawful means and by force of Arms , if need so require , according to my Abilities , oppose him , and endeavour to subdue , Expel and Destroy him , if he come into England , or the Dominions thereof , and seek by force to set up his pretended Title , and all such as shall Adhere unto him , or raise any war , Tinnult , or Sedition for him , or by his Command , as publick Enemies of our Laws , Religion and Country . To this end we and every one of us whose hands are here under written , do most willingly bind our selves and every one of us unto the other , joyntly and severally , in the bond of one firm and Loyal Society or Association , and do promise and vow before God , That with our joynt and particular Forces , we will oppose and pursue unto Destruction all such as upon any Title whatsoever shall oppose the Just and Righteous Ends of this Association , and Maintain , Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it , And lest this Just and Pious work should be any ways obstructed or hindred for want of Discipline and Conduct , or any evil minded persons under pretence of raising Forces for the service of this Association , should attempt or commit Disorders ; we will follow such Orders as we shall from time to time receive from this present Parliament , whilst it shall be sitting , or the Major part of the Members of both Houses subscribing this Association , when it shall be Prorogued or Dissolved : And obey such Officers as shall by them be set over us in the several Countries Cities , and Burroughs , until the next meeting of this or another Parliament ; and will then shew the same Obedience and Submission unto it , and those who shall be of it . Neither will we for any respect of Persons or Causes , or for Fear , or Reward separate our selves from this Association , or fail in the Prosecution thereof during our Lives , upon pain of being by the rest of us prosecuted . and suppressed as Perjured Persons , and Publick Enemies to God , the King , and our Native Country . To which Pains and Punishment we do voluntarily submit our selves , and every one of us without benefit of any Colour or Pretence to excuse us . In Witness of all which Premises to be inviolably kept , we do this present Writing put our Hands and Seals , and shall be most ready to accept and admit any others hereafter into this Society and Association . This contrived peice of scandalous Treason , is that which was said , or rather sworn to have been found in the Earl of Shaftsbury's Study . Now , whether the Paper were really in the Hair Trunk , or put into the Velvet Bagg among other loose Papers , is a dispute of another Nature . However the Paper being found , or pretendedly found in the Earls Study , the business was prosecuted by the Attorny General , before special Commissioners of Oyer and Terminer , the 24th . of November 1681 , upon a Bill of Endictment for High Treason , against Anthony Earl of Shaftsbury . His Grand-Jury were . The GRAND-JURY . Sir Samuel Barnardiston . John Morden . Thomas Papillon . John Dubois . Charles Hearle . Edward Rudge . Humphrey Edwin . John Morrice . Edmund Harrison . Joseph Wright . John Cox. Thomas Parker . Leonard Robinson . Thomas Shepherd . John Flavell . Michael Godfrey . Joseph Richardson . William Empson . Andrew Kendrick . John Lane. John Hall. Who having altogether heard and examined the Evidence that was brought against him , of which the chiefest were a band of Irish Rakeshames , after a short , though serious debate among themselves they returned the Bill IGNORAMUS . The Kings and the Kingdoms Enemies being thus defeated in their Design , set their Mercenary Pens at work to Prosecute the very ASSOCIATION which they had themselves contrived with all the fury imaginable , and to that purpose it was teized and clawed off and Parrallel'd with the Covenant , and laden with all that IGNOMINY which it well deserved . Though all this while their Indignation was not so much against this Form of ASSOCIATION of their own contriving , but as it were through the sides of that , to wound all manner of Legal and Loyal ASSOCIATIONS ; more especially that which the PARLIAMENT were about to have devised in a Legal and Parliamentary way , and in pursuance of his Majesties most Gracious promises . Thereupon after they thought they had rendered the Issue of their own brains sufficiently deformed , as indeed it could appear no otherwise in the eyes of all true Protestant English-men ▪ then they began to set up Abhorrencies of all manner of ASSOCIATIONS , and having drawn in the Credulous , Ignorant , and Unwary to sign their plausible Addresses , threw them at the feet of Majesty , as the choicest Jewels of the Kingdoms Loyalty , whereas indeed the Grand Arcanum of these Abhorrences was to provoke and incence the People against all manner of ASSOCIATIONS , how necessary and expedient for the safety of the King and Kingdom , or how Legal soever , and thereby to put them out of Love with the most probable means for the safety of their Prince and themselves , and madly to abhor their own Preservation . If self preservation be a thing to be allowed to all men , even every individual Person by the Law of Nature , certainly the Preservation of the great Monarch , and three Kingdoms is much more congruous even to the Laws of God. So that indeed it is a shame that these late ABHORRERS should under the pretence of Loyalty shew themselves so Disloyal , and void of Future Prospect , as to be gull'd with the sh●ddow of a forged contrivance into a Dislike and Abhorrency of Legal and Parliamentary Proceedings . We find in the Learned Camden ▪ that the Earl of Leicester , zealous for the good of the Queen and Kingdom , and seeing the imminent dangers , wherein both were involv'd , procured an ASSOCIAATION with Seals and Subscriptions to it ▪ without her knowledg ( and yet she was Princess , that used to be very smart upon those that attempted any thing without it . ) Nevertheless she was so far from thinking it a Crime , or blaming her Great Minister , that she not only gave her Parliament Liberty to confirm it , but gave them her thanks in these words . The Association you entred into for my safety , I have not forgotten , a thing I never so much as thought of till a great number of hands and Seales to it were shewed me . This has laid a perpetual Tye and Obligation upon me , to bear you a Singular good will and Love who have no greater Comfort then in Yours , and the Common-Wealth's Respect and Affection toward me . Cambdens Eliz. l. 3. p. 365. From whence it may seem probable that the world would have had no reason to think ill of any of those who had it in their power , seeing the Parliament fail'd , had they imitated the Earl of Leicester , and procured an Association of the same nature of all his Majesties Loyal Subjects , rather than to promote and connive at Abhorrences of the only way which the PARLIAMENT could think of for his preservation : there is no question to be made but his Majesty who is all goodness and clemency might have prov'd as thankful as Queen Elizabeth . Sir Francis Whithins after the Deservedly Exploded Paper was read at the Old-Baily , confessed , That it was plausibly penn'd at the beginning , and went on a great way so , till the last clause but one ; then which there is nothing that makes it more probable , that this same Traiterous Association was written and fram'd by some Jesuite , and that for mischiefs sake ▪ for if ever they do any good , 't is always that will any may be at the end of 〈…〉 his Religious long Cloak sweep the ground as well before as behind , his cloven feet will appear one way or other . And this you see the holy Roman-Catholick league , conorived by the Jesuites against Henry the third of France , contained many Heavenly and Pious pretences , but aim'd at the Destruction of the lawful Monarch of France , and obliged his subjects to it : whereas the Counter-Association of the French Protestants was made to better purposes , the preservation of their Prince and the defence of themselves against the Pope and the Guises their mortal Enemies , and then Rebells to their prince , of which the King himself was not a little sensible , and indulged them several favours in reference to the exercise of their Religion . To Associate is no more then devovere se pro Regis & Patriae salute , to devote himself for the safety of his King and Country . Now for men to be so scandalously led away by their own imprudence , and the subtlety of others , as to abhor the Defence of their King and Country , is an apparent sign , that few of the Addressors ever considered what they writ or what they read . The Consul or Preter among the Romans , had power to devote any Citizen of Rome , in time of iminent danger , as a Piaculum to all one by his death the anger of the Gods , and they who were thus devoted never disobeyed , but threw themselves headlong into certain ruin , to preserve their own Country . By this means Curtius and Decius saved the Romans in ancient time . Thus Leonides with his three hundred Spartans Associated in an indispensible resolution to live and dye for their Country saved Greece from that seemingly invincible power of Xerxes ; and after the destructive Battle of Cannae , Rome had been utterly lost , had not Scipio Affricanus compelled them that were left behind and spared from the Carthaginiam slaughter , to swear that they would never forsake their Country ▪ Of later times , the Prince of Orange was the person that caused several Cities of the Low-Country's to enter into an Association , which was called the Holy Union , and Peace of Religion . From these or some such President the Earl of Leicester doubtless drew the Plot from off that Association , which was afterwards confirmed in Parliament , and was so graciously accepted of the Queen , so that it was no wonder that the Parliament proposed among themselves the same Expedient which their Predecessors had made use of upon the same Importunities of danger to his Present Majesty and his Kingdom . For which their Debates most certainly merited a more kind reward and a higher Gratitude then hot brained Abhorrences of a their Loyalty to their Prince ▪ and Country , and the Reproach of a Fobb'd Association , which 〈◊〉 good man will ever believe to have come within the Verge of their thoughts . POST SCRIPT UPon these Grounds , and upon these Reasons , I am apt to think the Author of the Parallel was more Zealous , then Wise , or else he had little to do , to sweat and turmoil himself in Satyrising against a thing that was never justified by any person living , so that it was but a hard shift to beg a Question , that he might shew the world how well he could behave himself upon a better occasion : Truly the Gentleman is very sharp , and his sharp●ess had been commendable , had any been found Guilty , either of Framing or Abetting the Paper . But now we may as well believe that he was the Author of it himself , and that he slid it into the world , that he might have a Subject to excercise the cutting lashes of rapsodies ; 't is such a pretty odd kind of way of writing , and indeed such a one as hardly has any Parallel , for a man to rave and tear and fret himself for so many Paragraphs together , that you would fear the melting of his grease ; and yet that his Reader must be forced at every stop , to ask the Gentleman what he meanes ? Who is 't he storms against ? If it be the Old Baily Association he fumes at , as to the peccant part of it , there is no body but had as much to say , and would have said as much against it , and perhaps more then he has done , had there been occasion . But for people that never saw the thing , and perhaps never heard of it till it was Printed by two Loyal Stationers for them , to be brought under Suspitions of Treason and Rebellion , and rendred odious to the world , seems rather a Plot upon the Innocent , then a Reproof or Rebuke of the Guilty , so that what ever the Gentleman has said against the Association it self , shall be freely granted him , he shall have the Bays and the Victory : But let him not however be proud of it , because he has not abtained it over foes but friends , besides I find the Gentleman is not an Enemy to all Associations neither , but only Factious Associations , in which point we most harmoniously agree with him . But why he should be so furious upon the late Juries as to tax them for a band of Covenanting Associators such as would have acquitted the factious Inditor of this Association , had they found him musing upon it at his Desk ; such as would have cleared a Protestant Joyner , had they seix'd him with his hand on his Majesty , &c. I say why the Gentle should lay such dismal aspersions , and hyperbolize in such a hot-headed and malicious Stile upon the fame , the reputation , nay the very thoughts of men , which it may be justly presumed were altogether unknown to him , there is no true reason to be given , unless it were some young Crape Gown Levite that had a mind to be dabling in Gall and Ink ; and then there are two . For among that sort of People there are many , for want of Education , very Malapar tothers for want of that which in them should be most conspicuous good Example , and out of a Cruel and Bonner-like Disposition , most remarkable uncharitable : Otherwise the very names of most of the Gentlemen that were upon those late Juries , had been a charm against those bloudy reflections and virulent repoaches , which the Paralleller , like a little God a Mighty , or searcher of hearts has cast upon them . Let him be who he will , the rashness of his Hyperboles plainly shew's , that his Pen run before his Wit , and his Inconderate Inveteracy before his Religion : As for his thoughts of the Presbyterian Plot , they are not worth taking notice of , only it may not be a miss to give you a short account of his Arguments by which he proves the late Association to be a member of it . Imprimis , Every Tyler , or Jack straw . Item , Conscience applyed to the Capriciousness of fancy . Item , Every froward Fool. Item , Each Dissenting Ass . Item , Every prejudiced Noddle . Item , The Silly Rout. I only cite the Stress , Marrow , Pith or Quinticense of the Gentlemans Arguments ; the rest would be too redious . Now is not this enough to convince any man of Reason of the truth of the Presbiterian Plot , and that the Sham Association was of their fraiming in imitation of the Covenant ? Nay Gentlemen , if age will not believe Pulpit Rhetorick , and Crape Gown Extasie — Y' are all men of lost Consciences , Heaven have mercy on you defrauded judgments . But these Declaimers doe not consider the Fable of Esop , that man is born with two pouches , one hanging before , wherein are the failings of other men ready at hand ? that behind contains their own miscarriages , which they want the help of the brass screws , to turn their heads to look into . Only by this we find the difference between a Popish and a Presbiterian Plot , that the first is a Plot upon full Proof and Evidence , the other a Plot by Conjecture . As for his large Comment upon the Association it self , let them give an answer to it whom it concerns . Only I am apt to believe that had not those Loyal Gentlemen that exposed it first to publick view found out a way to print it for the sake of a little gain , jig by joul with the Covenant , it had died upon the Earles Acquittal , without ever been taken notice of , as being a thing little known , and less regarded by all wise men who were not only sensible of the Illegality of it , but well knew how unlikely , if not impossible it was to be put in practice : So that the publishing of it was a thing done rather out of the spite and malice of those Loyal Gentleman , or rather Factious Associators , according to the Gentleman 's own distinction between a True Patriot and a Factious Associator , to inflame the Nation , & cast an Odium upon the peaceable people of the Kingdom rather then to do their Prince any real service . And perhaps it would have become the Parallell or himself , since he would needs play the Gladiator , and exercise his pen against an Image of those Gentlemens erecting , to have better informed us who those persons against whom he so bitterly declaimes , then to lay such opprobious Scandals upon Thousands ; for the Miscarriages of some few ; and those few for ought I find as little known to him , as the vast numbers of the Innocent . FINIS 
A47899	----	The observator's observations upon the bill of exculsion Let every one mend one, and begin the reformation at home. Do as you would be done by, is no text for excluders. L'Estrange, Roger, Sir, 1616-1704. 1685 Approx. 14 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A47899 Wing L1283B ESTC R224152 99834560 99834560 39061 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47899) Transcribed from: (Early English Books Online ; image set 39061) Images scanned from microfilm: (Early English books, 1641-1700 ; 1813:14) The observator's observations upon the bill of exculsion Let every one mend one, and begin the reformation at home. Do as you would be done by, is no text for excluders. L'Estrange, Roger, Sir, 1616-1704. 7, [1] p. reprinted by Andrew Crook and Samuel Helsham; and re to be sold by William Weston in Christ-Church-Lane, [Dublin : [1685]] Observator = Roger L'Estrange. Caption title. Imprint from colophon; date of publication from Wing. Reproduction of the original at the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng L'Estrange, Roger, -- Sir, 1616-1704. -- Observator -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. 2003-11 TCP Assigned for keying and markup 2003-12 Apex CoVantage Keyed and coded from ProQuest page images 2004-01 Mona Logarbo Sampled and proofread 2004-01 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion THE Observator's Observations UPON THE BILL of EXCLUSION . Let every one mend one , and begin the Reformation at Home . Do as You would be done by , is no Text for Excluders . TRIMMER . THere 's more a Stir with You , and your Politiques , Morals and Duties , than with half the Town beside . As if there were no brains forsooth . but under your Night-cap ; no conscience or loyalty but under your doublet . Prethee let 's have no more of these invidious , and grating reflexions upon Controversies that are now dead and buried ; no raking of Exclusions , and Associations out of their Graves again : Reform at home first , before you break-in upon the Province of your Neighbours . Let but every man mend one , and we shall quick'y have a good World on 't . In fine , do as you would be done by , is a good Lesson . OBSERVATOR . Wouldst thou have the History of the Exclusion so forgotten , as to leave the common people still poring , and bro●ding upon the Principle of it ? Or wouldst thou have such an Amnesty pass'd upon the Association ▪ as utterly to suppress the memory of the Crime , and yet uphold the reputation and credit of the Position : & consequently , support the lawfulness , and the authority of the Practice ? So that all this while here is but private medling on the one hand , to the hazard and dishonour of the Crown , the Royal Family , and the publick Peace : and private med●ing on the other hand , to detect the Rottennels , the Hypocrisy , and the pernicious Tendency of those Doctrines and Doings . How comes it to be more lawful , ( nay and laudable too . ) for a Quack to give the Kings Subjects Poyson in their Po●ridge , then for an honest man to ofter them a plain Doss of Sallet-oyle to setch it up again ? And now to go on with ye , 'T is good advice for every man to Reform at home , before he takes upon him to reform others : And it is as good advice taken , as given . If you find that I do not practice my self , what I inculcate to others ; do but say Wherein , and I shall take it well to be minded of it : And in the mean time , I would have you to consider a little , of Governing your self by those measures that you prescribe to others . What are all your Petitions but Invectives against your Superiors , and Censorious Reflections upon the management of publick Affairs ? How many thousands of bodies and souls ; How many millions of Money might have been sav'd , if your Weavers , your Butchers ; Tinkers and Coblers had been kept to their Looms , their Kettles , and their Stalls , instead of trooping to Westminster to advise with the Close Committee , about the settling of Religion , and State ; the Rights and Priviledges of Parliament , the Liberties of the Subject ; and the Reformation of England and Ireland , in Doctrine , Worship , Discipline and Government , according to the word of God , and the Example of the best Reformed Churches ; And I know nothing to the contrary , but that the late King might have ordered the business of Calling and Dissolving Parliaments ; or of making War and Peace ; Every jot as well by his Authority Royal , or the advice of his Privy Council , without troubling so many Bumkins and Mechanicks to leave their Ploughs , their Shops , and their Trades , only to lend a Helping Hand ▪ to the keeping of the Ark steddy . The very support of your Interest is the license of the multitude , and the only Argument for your Cause , is the madness of the people . VVhat are all your Vox-Populi's , and Patriae's , but the Usurpations and Encrochments of Fools upon the business of Wise Men ; and the setting of the Government upon the Head , with the heels uppermost ? what are all your Popular Remonstrances , and Addresses , I say , but so many Attempts of the Mobile , to confound and subvert the order of the Publick , by intermedling in matters which they have nothing to do withal ? VVhy d' ye not live-up to the moderation that you Preach , and keep within the compass that you prescribe ? The Subjects part is Resignation , and obedience ; and that which you impose upon the world for Reformation , is downright Sedition ▪ and 't is not the Name , or Colour of Liberty , or Religion , that will bear-out private men in any Enterprises whatsoever , upon the work and authority of their Governors . In one word , your Conversations are a direct Contradiction to your Precepts , and your Discourses . Trim. As in what Particulars , I prethee ? Obs. Why truly , in the Whole Course of what you either Recommend , or condemn , you are the greatest meddelers in Nature , your selves , and yet at the same time the Greatest Complainers of other peoples medling ; as if the Reputation of a Trimmer , were more Sacred , on the One hand , then the Honour of the Government , on the other ▪ And 't is much at the same Rate , that you manage the Doctrine of , do as you would be done by ▪ As for the purpose ; How would all your popular Sticklers for the Sovereignty of the People , take it , to be Beaten out of doors by their Own servants , and to have their Children rise in Rebellion against their Fathers ? What a hurry have we had ; what Plotting , Swearing and Conspiring , to cut-off the unchangable Succession of the Crown , as the only Expedient under the Sun , to deliver us from Death and Damnation ? To say nothing of the Imposture , both of the Fears , and of the Dangers : To say nothing of the Treason that was Cover'd under the Cloack of That Exclusion : To say nothing again , of the Malicious Manage of the Contrivance which was as Rude , and unmannerly , as it was Wicked and unjust : But to speak a word now , to parity of Reason in the Case . How would the Agitators of the Exclusion of a Lawfull Prince , take it to be pay'd in their own Quoyn and Disinherited , themselves ? If either Conscience , or Pollicy may be heard upon the Point , the Equity lies Infinitely Stronger Against the Subject ; If they shall pretend to be Jelous , without Reason ; Pragmatical , against Law , and Impossing , beyond president . In one word ? according to your Rule of Do as you would be done by , Every man that would disinherit deserves to be disinherited . Trim. Nay , I have nothing to say to the contrary , but that it was an Ill Bus'ness , Though the Devil ▪ let me tell ye , is not always so black , as they paint him . Obs. But for the Devil of the Bill of Exclusion , I Defy All the Painters in nature , to make him blacker then he is But no man can Sufficiently Abominate That Execrable Project , without laying it in All the Hideous Colours , before his Eyes . Do but Read it there a litle ; and if thou hast but one Drop of Honest , English , or Christian Bloud in thy Veins , 't will fire the very Soul of thee , with Indignation , and Horrour . Iames Duke of York is by this Bill , in the First place to be made [ For ever Uncapable to Inherit , Possess , or enjoy the Imperial Crown of this Realm , and of the Kingdom of Ireland ▪ and the Dominions , and Territories to them , or either of them Belonging , or to have , Exercise , or Enjoy Any Dominion , Power , Iurisdiction , or Authority in the same Kingdoms , Dominions , or Any of them . Bill of Exclusion ] Now go on your self there . Trim. [ If the said Iames Duke of York shall at any time hereafter Challenge , Claime , or Attempt to possess , or Enjoy , or shall take upon him to use , or Exercise Any Dominion , Power or Authority , or Jurisdiction withn the said Kingdoms , or Dominions , or any of them , as King or chief Magistrate of the Same , that then he the said Iames Duk of York , for every such Offence shall be deemed , & Adjudged Guilty of High-Treason , and shall Suffer the Pains , Penalties , and Forfeitures , as in Case of High-Treason Ibid ] ▪ Obs Plain-Dealing is best among Friends . Trim. And further [ That if any Person , or Persons whatsoever shall Assist , or Maintain , Abett , or Willingly adh●re unto the said Iames Duke of York , in such Challenge Claim , or Attempt , or shall of themselves attempt , or Endeavour to put , or bring the said Iames Duke of York into the possession , or Exercise , of any Regal power , Jurisdiction , or authority , within the Kingdoms and Dominions aforesaid , or shall by Writing or Preaching advisedly publish , Maintain , or declare , that he hath any Right , Title , or authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid , That then every such person shall be Deemed , and Adjudged guilty of High-Treason : and that he Suffer , and undergo the pains , Penalties , aforsaid ▪ Ibid. ] and forfeitures Obs. Prethee tell me what did all the Engagements , Negative Oaths , and Abjurations , effectually , more then This Bill of Exclusion ? Or what did Cromwells High Court of Iustice , do more , or Worse , to Charles the First , then the Treatment that This Bill had provided for Iames the Second ? But go on with it still . Trim. [ That he the said Iames Duke of York shall not at any time from and after the 5th of November . 1680. Return , or come into , or within any of the Kingdoms or Dominions aforesaid , And then He the said Iames Duke of York , shall be deemed , and Adjudged Guilty of High-Treason ; and shall Suffer the penalties , and Forfeitures , as in Case of High-Treason . And further , that if Any Person or persons whatsoever , shall be aiding and Assisting unto such Return of the said Iames Duke of York , that then every such person shall be deemed , and Adjudged Guilty of High-Treason , and shall Suffer in Cases of High-Treason . ] Obs. Turn the Text now , of , Do as you would be done by , and see what will come on 't . But what if the Duke should have Return'd after all this , with his friends about him , to Stand by him in the Vindication of his Right ? Trim. Why then [ It shall and may be Lawfull to and for any Magistrates , Officers , and other Subjects whatsoever of these Kingoms and Dominions aforesaid ; And they are hereby Enjoyned to apprehend , and secure the said Iames Duke of York , and every other person offending in any of the premisses ; ●nd with him or them in case of Resistance , to Fight , and him or them by Force to Subdue : For all which Actings , and for so doing , they are , and shall be by vertue of this Act Saved Harmless , and Indemnifyed . Ibid. ] Obs. Wel● ! And now read this Last Enacted : Trim. [ That during the Life of the said Iames Duke of York , this Act shall be given in Charge , at every Assizes , and General Sessions of the peace within the Kingdoms , Dominions , and Territories aforesaid , and also shall be Openly read in Every Cathedral , and parish Church and Chappels within the aforesaid Kingdoms , Dominions and Territories , by the several Respective Parsons , Vicars , Curates , and Readers thereof , who are hereby required Immediately after Divine service , in the forenoon , to read the same twice in every year , That is to say , on the 25th of December , and upon Easter day , during the life of the said James Duke of York Ibid. ] Obs. Prethee take Notice , for a Conclusion ; That the Motion was First Open'd upon a Sunday ; and now for the Memorial of This Holy Work , Christmas and Easter were the two days Chosen out of the whole Ca●lendar , for the solemnizing of the Act : And it is not All neither , that you have here , the most Violent , and Temerarious Resolution perhaps , that ever was Taken : But the Design was manifestly Fore-lay'd : And It Is little less then a Miracle for Any Reasonable man to Engage in 't , and not see through it . DUBLIN . Reprinted by Andrew Crook and Samuel Helsham ; And are to be Sold by William Weston in Christ-Church-Lane . 
A46942	----	An argument proving, that the abrogation of King James by the people of England from the regal throne, and the promotion of the Prince of Orange, one of the royal family, to throne of the kingdom in his stead, was according to the constitution of the English government, and prescribed by it in opposition to all the false and treacherous hypotheses, of usurpation, conquest, desertion, and of taking the powers that are upon content / by Samuel Johnson. Johnson, Samuel, 1649-1703. 1692 Approx. 84 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A46942 Wing J821 ESTC R2049 12576699 ocm 12576699 63605 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46942) Transcribed from: (Early English Books Online ; image set 63605) Images scanned from microfilm: (Early English books, 1641-1700 ; 962:25) An argument proving, that the abrogation of King James by the people of England from the regal throne, and the promotion of the Prince of Orange, one of the royal family, to throne of the kingdom in his stead, was according to the constitution of the English government, and prescribed by it in opposition to all the false and treacherous hypotheses, of usurpation, conquest, desertion, and of taking the powers that are upon content / by Samuel Johnson. Johnson, Samuel, 1649-1703. 52, [i.e. 62], [1] p. Printed for the author, London : 1692. Reproduction of original in Bodleian Library. Advertisement: p. [1] at end. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. William -- III, -- King of England, 1650-1702. Great Britain -- History -- James II, 1685-1688 -- Pamphlets. Great Britain -- History -- William and Mary, 1689-1702 -- Pamphlets. Great Britain -- Kings and rulers -- Succession. 2000-00 TCP Assigned for keying and markup 2002-01 SPi Global Keyed and coded from ProQuest page images 2002-03 TCP Staff (Michigan) Sampled and proofread 2002-03 John Latta Text and markup reviewed and edited 2002-04 pfs Batch review (QC) and XML conversion AN ARGUMENT PROVING , That the Abrogation of King Iames by the People of England from the Regal Throne , and the Promotion of the Prince of Orange , one of the Royal Family , to the Throne of the Kingdom in his stead , was according to the Constitution of the English Government , and Prescribed by it . In Opposition to all the false and treacherous Hypotheses , of Usurpation , Conquest , Desertion , and of taking the Powers that Are upon Content . By SAMVEL IOHNSON . Nec Deus intersit nisi dignus vindice nodus Inciderit . — Horat. LONDON , Printed for the Author , 1692. TO THE COMMONS of ENGLAND in Parliament Assembled . THE favourable Acceptance , which my Bounden Services to my Country , as I ever accounted them , ( though they were always difficult and upon the Forlorn ) have heretofore found in your Honourable House , hath caused me to bring you this small Offering . In former Days an Appeal to the Parliament was a removal of the Cause from White-Hall ; but it is our peculiar Happiness in this Reign , that we live under a Prince who had no other Business here , but to restore the Constitution ; which as his Declaration speaks , was wholly overturned in the former Reigns ; and who lay under a happy Necessisty of assisting the People to assert their Rights , before he could secure His own Right and Remainder in the Crown . This Subversion and Overturning of the best Frame of Government in the World was very artificially managed , and began at your House ; which has been run down as an Innovation , and no Essential Part of Parliament , a Mushroom sprung up in the 49th of H. 3. and founded in Rebellion ; as if You had no deeper Root in the Government , than Corn has upon the House top . This scurvy Pedigree of the Commons in Parliament , drawn up by Dr. Brady , was so well liked by the Loyal Clergy , and particularly he was so applauded by Jovian , that Mr. Petyt found the Tide so strong against him , as not to venture on a Reply ; though to my knowledg he was furnished with a very good one . But that is not so material , when you began , as what you are : and of the two it is better to be an Upstart Authority , than a silly Cypher ; and thus you have been represented to all the degrees of Insignificancy . Your Precarious Being was told you by a wonderful Statesman , who did not spare to inform you , That as the King had Created the House of Commons by his Power , so he would Preserve it by his Goodness ; but then come some of the Clergy and say , what little Creatures both you and the House of Lords are . Dr. Hicks lodges in the King the whole Legislative , or the Power that makes any form of Words a Law. He says , The Sovereign Power may indeed be limited as to the Exercise of this Legislative Power , which may be confined to Bills and Writings prepared by others ; but still it is the Soveraign Authority who gives Life and Soul to the dead Letter of them . Now this is so contrary to the Constitution , as nothing can be more . For not only King Charles the First acknowledged that the Laws were jointly made by the King , Lords and Commons , ( though the Houses insisted upon more ) but also in every Act of Parliament that is made , it is expresly said in the Enacting part , that it is made by the Authority of them all : whereas by this Doctrine the two Houses have only a Ministerial Office of preparing a Form of Words , and furnishing Bills and Writings , as the King's Printers use to do you with Pen , Ink and Paper : And in short , the King alone makes Laws , and the two Houses only find Stuff . Now if this sort of Paradox had been advanced concerning the Parish-Chest of Barking , where the Parson has one Key , and each of the Church-wardens one , they could soon have Mathematically shewn him , that his Key had but one Third of the Chest-opening-Power , and such a Mistake would only have made a Iest : But in a Case of more Consequence than all the Land in the Nation , if it were now to be sold , is worth , such false Positions are very Dangerous . For if the Legislative were once contracted in one single Hand , it were as absurd to say it could be limited in the Exercise of it , as it is to say that your House has not Power over your own Orders , to recal and alter them as you think fit . What shall hinder the whole Legislative ? At this rate the Saying , of which my Lord Lauderdale has had the Honour , would have been true , that he hoped to see the King's Edicts to be Laws , and above the Laws ; for all New Laws are always too hard for the old ones . And the Arbitrary Proclamation to forbid the Nation to Petition for a Parliament had been a Law , if the whole Legislative Authority was in it : for the L. C. I. North found it very easy to supply the place of both Houses , in drawing up the Form of Words . However this is very civil Usage to what you have had from other Hands ; for in this way you have still left you the Honour of being Clerks , and of drawing up a Form of Words . But Dr. Womack in his Short Way to a lasting Settlement , printed by Robert Clavel ; the chief Design of which was , to out the two Houses from having any share or Authoritative Hand , as he calls it , in making the Laws , and was shortly after made a Bishop for the Service , has this very insolent Expression : The Houses you say have a hand in the Legislation : So hath the Beggar in my Almes . As soon as I saw this Odious Comparison , I knew it was falsly applied : for even the Coronation-Oath acknowledges that the Laws of England are of the Folks choosing ; and it is certain that Beggars are no Choosers . But I humbly beseech both Houses upon this Occasion , to have a special care how they suffer this sort of Men to have the Ascendant , who treat them in this manner ; because we have a very harsh English Proverb concerning Beggars . In the Year of Jovian 83. wherein these Doctrines were published and rung all over the Nation , some of the Honourable Beggars that were for a Bill of Exclusion of the Duke of York in his First Desertion , and were for keeping him out when he was out , after their Lives had been long hunted by these Men , fell into their Nets : Which Bill had given us this happy Reign several Years sooner , and had saved the Lives of more than an Hundred thousand Men , whose Blood lies at their Door ; but it was then their Hour , and the Power of Darkness . Let that Year be blotted out of Chronology ! These Doctrines I conceive are Destructive to the Nation , because they undermine the Power and Authority of Parliaments , who represent the Nation , and are the Conservers of our Liberties , if we had any ; but those are all taken away by another of their new-adopted Church-Doctrines of Passive-Obedience , which I therefore look upon as the worst of them , because it lays waste all your Laws , after you have made them , or worded them , or begg'd them , or however you came by them . The former Doctrines do immediately destroy you only in the Quality of Legislators ; but this makes you Slaves too , and will not leave you to be so much as English Freemen . You must be just such defenceless Wretches under the irresistible Powers of the Sovereign and his Forces , as the Roman Slaves were under the Soveraign and Unaccountable Power of their Masters . You must be Slaves as to this particular , you must trust your Lives and Liberties with your Soveraign : And therefore the Passive Behaviour taught by St. Peter to the Roman Slaves is your Duty . So that if the late Soveraign being enraged at your Address 17 Novemb. 85. which broke all his Measures , had sitting the Parliament sent his Forces to murder you , you ought to have submitted as the Thebaean Legion did , in which Army of Martyrs you would have made a goodly Regiment . You were to have suffered it patiently with your Swords by your sides , and Passive Obedience even unto Death had been your Duty , by virtue both of the Imperial Laws , and the Laws of the Gospel . The Thebaean Legion would not Sacrifice , and you would not come to , which was a like Case ; or rather yours was the more provoking Disobedience to an Arbitrary Prince , and so you were bound in Conscience to fare alike . Nay if without any incompliance on your part , he had only had a mind to kill Five hundred Kings at once , as King James the First called the Parliament , for so Dr. Womack relates it from Dr. Heylin , ( but whether in way of Jear , or otherwise , he cannot tell ) the Soveraign's Forces had been Kings of Kings , and Lords of Lords . For the Chaplain of the Thebaean Legion would have charged you in Christ's Name , by virtue of his own Saying . He that useth the Sword , shall perish by the Sword , not to resist under the specious Pretext of Self-defence , ( though I think in that Case the specious Pretence had been very much in Earnest ) : And if you had thus sinned against the Laws Imperial , or the People had rescued you by force from the Soveraign's Forces , he would have pronounced concerning you both ; Well , let them do so at their Peril ; they may be legally Hanged for it in this World , and ( without Repentance ) will be damned for it in that which is to come . This is Passive Doctrine to a Tittle ; and as you like it , you may cherish that Party which has enslaved the Nation by it , and to whom is owing all the Oppression of the last Reigns . For if the Doctrine of Defending our Rights when they were Invaded , had not been Burnt , Martyr'd and Stigmatiz'd , and the Clergy had not expresly promised King James to inculcate Passive Obedience upon all his Subjects , and thereby to bind the Nation Hand and Foot , and to leave nothing but suffering Souls in his whole Kingdom , he would never have ventured to think of Dragooning us , nor have begun with his Preparatory Oppressions in order to it . But after they had made him believe that they were Passive to the Death , and Loyal to the Death , when the Burden of their own ill-contrived Oppression came home to themselves , and touch'd but one of their Fingers , they soon let him understand that they had given him only a Spiritual Kingdom , and not a Kingdom of this World : For if his Kingdom had been of this World , then would his Servants have fought for him . But so they Deluded and Parted with their Passive-Obedience-King . For Passive Obedience is calculated only for Tyranny ; suffering under Arbitrary and Illegal Commands and Orders , cannot take place in a Legal Government , neither is there room for any such thing . Till Passive Obedience has either found or made a Tyranny , it can never be a Duty ; nor then neither , for Tyranny is not Government , but the Destruction of it . And therefore the two Histories Passive Obedience , and the brisk Sermons that have been Preached upon that Subject in this Reign , are Contraband Goods : for we live under a Prince who within these few Years raised the whole Posse of England against this Doctrine , and by his Declaration invited and required all the People of England of all Ranks , to Assist him against the Soveraign and his Forces , to prevent the Nation 's being kept under Arbitrary Government and Slavery . We were under Arbitrary Government and Slavery then , and we may thank Passive Obedience for it ; and I am humbly of Opinion that we ought never to come under it more . And therefore I think it worthy your great Wisdom and Iustice , that as you have annexed that Princely Declaration to the Crown , and made the Pursuance of it a Principal Point in the Confidence and Trust you reposed in the King , when you Invested him : So you would provide that all those who began , continued and ended that Glorious Expedition under the Prince of Orange , ( which had been a blew one , if Passive Obedience had been believed , as it was constantly preached for Gospel ) may not in this Reign , at least , be represented as Rebels and Traytors , but by some Temporary Act may be Relieved from the Aspersion of Delivering their Country . That one Vsurping Priest in his Pulpit may not call for Pontius Pilate's Bason of Water to wash his Hands clean from the Sin of this Revolution ; and another Conquering Priest may not Represent those who Invited in , and Assisted this present King , as Men not afraid of the Power as they ought to have been ; and another Deserting Priest may not make King James's Forfeiture to be his going away , which was the Best thing that ever he did ; and thereby leave all Men to be Rebels and Traytors who had invited , joined , or were prepared to join the Prince of Orange before the 10th of Decemb. 88. when our Deliverance was compleated . These wretched Inventions of Usurpation , Conquest , and Desertion , were found out merely to cover the Doctrine of Passive Obedience , and to keep that safe and sound , notwithstanding the Prince and the whole Nation had engag'd in Resisting Oppression , and Defending their Rights . And furthermore , That King William's coming to the Crown might not be enquired into , and be found to be to the Prejudice of Non-resistance , there is one has likewise found out another Invention , That you are not to trouble your Head , whether the King 's , Title be right or wrong , but you are to Swear to whatever is Vppermost , whether he be a Rightful Prince or an Vsurper ; which is the Primitive Doctrine of the Pastoral Letter . And this is such a Scorn put upon a Free Nation as never was in the World , as if the Subjects of England were to engage their Allegiance Blindfold , and were to venture their Lives and Fortunes in behalf of a Title which is to be unsight unseen , at that ridiculous rate as no Countryman will buy a Pig. Now all these Hypotheses have but these two small Faults in Common to them all . First , That they Vndermine the King's Throne , as if he had no Legal Right to the Crown ; And if he has not , what has he to do with it ? For my part I will never pay Allegiance to him as an Vsurper ; he ought rather to be told daily by his Chaplains that are of that mind , that he ought to make Restitution : It is not Lawful for thee to have thy Father Iame's Crown ; or else they are no St. John Baptists . A Revelation sent on purpose from Heaven , cannot oblige us to be Subjects to an Vsurper under that Notion , because it is a Notion of Wrong , and God himself cannot make Wrong to be Right . And then shall any Wretch bid us in his Name to Swear to be Faithful to acknowledged Wrong , and to be False to acknowledged and unextinguished Right ? In short , an Vsurped Crown is a Stol'n Crown , it is Blood 's Crown . It is true indeed that God can give Kingdoms to whomsoever he will ; I know it ; He can make them a New World on purpose for them , or take the Forfeiture of the Old , and dispose of his own Creation as he pleases : But then it must appear to his Will , and he must send a New Revelation into the World along with such a highly Favoured Prince , to every Man that is to be his Subject . For I am not bound to do what God would have me do , till I can certainly know that he would have me do it . Promulgation is of the Essence of a Law. And this Extraordinary Revelation ought to be as clear and as distinct as Abraham's was for the Sacrificing his Son : for it is as contrary to all the settled Rules of Right to dethrone a rightful King as it is to destroy an only Son. And yet that Command was only intended for a trial of Abraham's Obedience ; neither would God suffer it that there should be a Precedent of an Humane Sacrifice in the World , though at his Own bidding . Is it not enough for an Vsurper to wrong a Prince of his Crown , but this must be Hallowed by false Prophets , and said to be done in God's Name : And this proved by no better Argument than Mahomet's Miracle of Success and Settlement ? If therefore a pretended Prophet tells me that I am to own an Vsurper as God's Choice , and by Divine Right , and therefore he is no Vsurper , I must needs Answer that the Title is far fetch 't , and comes a great way , and therefore I must desire to see some proof in point , and shall always call for Miracles for what is said to come from Heaven . And if I had but one half of the Sense which God has given me I should never be satisfied with the Mahomet an Miracle of Success and Settlement . That Impostor's Come-off , when he was call●d upon for Miracles , was this : That God had sent Moses his first Prophet with Miracles ; & when the belief of them was worn out , and the Iews were degenerated , he sent Iesus the Son of Mary with more Miracles which did good for a time ; but his Followers likewise degenerated and altered their Books : And then he sent Mahomet his last Prophet , not with Miracles which had failed and miscarried twice before , but with the Mouth of the Sword You ask for a Miracle , says he : Did not we Sack the City Tauris the other day , and put them all to the Sword ? There 's a Miracle for you . I confess I have loved a Good Cause in my time better than my Life , but never a crumb the better for Success : But on the other hand , the want of Success has made it the dearer to me . Success is the new Weathercock upon the Banqueting-house at White-hall : for when the Popish Priests saw the Wind Westerly , then it was Deus pro nobis ; but when at last it stood Easterly to bring over the Prince of Orange , then it was Deus contra nos ; And so God is made to be of all Sides at that rate What if this Settlement should be Vnsetled , ( which God of his Mercy defends as I am bold to say it cannot stand upon King James's Rubbish , no more than a new Pile of Building upon the Heaps which lay in the Stone Gallery . Well , what then ? Why then in that supposed Case , though the Wind be against us , will I venture a weather-beaten Life for his Majesty's Service ; but not an Hair of my Head , if I can help it , for several Ministers he has . In short , Vsurpation is of the Devil ; and at the rate that any Man alive shall prove , by the Old standing Revelation we have , that an Vsurper is a King by Divine Right , will I prove that the French and Irish Massacres were by Divine Right , and that every one of those three hundred and fifty thousand Souls which fell therein were well killed , and that it was all the Lord●s doing . For there is as plain and as legible Scripture , 1 Sam. 2. 6. The Lord killeth and maketh alive , to entitle Him to that bloody Business , as there is to make him the Setter up of Divine Vsurpers . Conquest is likewise another wicked False Title to unsettle the Throne . This the Prince of Orange disclaimed with detestation in his Additional Declaration , as the Horridest Calumny that could be invented against him , and so Unnatural a thing for an English man to join in , as if it had been to be Felo de se. If this Pretension had been set up when the Prince of Orange came , he had never marched forty Miles in England , though he had come five times stronger than he did : And that which would infallibly have Barr'd him out of England then , can never settle him in it now ; no not though it were preach't from the Clouds , as it only is from the Pulpit , which they have rendred by such means very insignificant . For what is Conquest ? Why truly it is a Publick Enemy got within us . It is the King of France , not at Tingmouth , but at White-Hall . A Conqueror is one , whom no after Treaties nor Consent can ever make a King ; for he must have the Consent of Slaves and Minors , who have nothing to give : who cannot make a Will though it were their last ; who cannot be Parties to a Contract ; for that is everlastingly impossible , unless Men be sui Juris , and their own Men at the same time . In a word , Conquest may perhaps extend to lawful Plunder , and to Goods and Chattels , which I never took the People of a Free Nation to be : But if such a Prize-Office-Divinity must needs be set up , that always supposes the Right of Reprizals . Desertion is manifestly False : for King James must needs go ; he was as much driven from England , as Nebuchadnezzar was driven to Grass ; and he Claimed as he Fled , by the Rochester Letter . And as for the Wonderful Mystery of dropping the Great Seal in the Thames , if it was done purposely , there was a very Wise Reason for it . For if it had fallen into other hands , the Broad-Seal of England might have been immediately employed in Proclamations and otherwise against himself : As Queen Elizabeth made use of Queen Mary's Great Seal for a good while ; which the Bishop of Lincoln , Lord Keeper of the Great Seal in King James the First 's time , assures us was so , in his Answer to Dr. Cole . Now to establish the Throne upon a Notorious Untruth , is to establish it upon Mr. Milton's Vacuum , where it must fall ten thousand thousand Fathom deep , and know no end of falling . The last Doctrine , that we are to be subject to the Powers that Are , or any thing that is Uppermost , is at the first sight so wretched a Foundation of our Allegiance , that I scorn to confute it . For whereas a Rightful Title is as immoveable as the Pillars of the Earth , on the other hand , upon this Supposition , that Obedience is only due to the Present prevailing Powers , it is but shifting the Guards , and in an Instant all the Peoples Allegiance bids their King Good-night . Secondly , All these Hypotheses , besides their Vndermining the King's Throne , as if he had no rightful Title to it , have another Fault in them , that they leave nothing of Liberty or Property in the Nation . This Revolution had almost stunnied the Hierarchy , and was so cross to their Pulpit-Doctrines of Passive Obedience , Vnalterable Succession , Indefeasibleness , and Vnaccountableness of Princes , and the rest of their Iargon , That it was very much feared by some of their Disciples , that they would not Comply nor Swear to this Government , and so must leave their Places , and that thereupon would be a Famine of the Word . But there would be no miss of their Preaching to the World's End , if it were such as is before us . So long as People have a Bible , they had better be without their false Glosses upon it : Which the People of England have more reason to hate , than King James had the Geneva Notes , printed in Queen Elizabeth's Bibles ; for which Reason he forbad all Marginal Notes upon his Translation of the Bible . In the Conference at Hampton-Court , his Censure of those Notes is this , That they were very Partial , Vntrue , Seditious , and savouring too much of Dangerous and Traiterous Conceits . As for Example , Exod. 1. 19. where the Marginal Note alloweth Disobedience unto Kings , &c. But I think the Text allowed it before , ver . 17. But the Midwives feared God , and did not as the King of Egypt commanded them , but saved the Men-Chidren alive . Was ever such an Exception taken against express Scripture ? And yet because of his Vnsensical Apothegm , No Bishop , no King , repeated over and over again in that Conference ; and that Ecclesiasticus was a Bishop , for which Reason the Puritans were against that piece of Apocrypha being read in Churches , and such-like Clawing of the Clergy , the Arch-Bishop of Canterbury said , That undoubtedly his Majesty spake by the Special Assistance of God's Spirit . So easy is it for those that call themselves the Church , to make Men Inspired , and Saints and Martyrs , when they please . Vpon the Prince of Orange's Invasion , and all Honest Mens Rebellion , as that Party do and must term it , they could not for their Lives make both Ends meet : and because they could not make their slavish Doctrine of Passive Obedience agree with the Revolution , they have endeavoured to bring back the Revolution to them , and to reinstate as just in the Condition we were in five Years ago . It 's no matter for the Church of Rome's Infallibility , Impenitency will serve their Turn as well ; and if they never repent , they have never err'd . Hereupon , while I was a poor Prisoner , and the Eldest of all those that lay upon a Publick Account in England , ( tho I thought a Thanksgiving-Deliverance from Popery and Slavery , would have reached me in the first place by Seniority ; but as I was saying , while I was a Prisoner , and before it pleased God that my Liberty fell into my Lap , to which I was born , and which I threw away with both Hands , and with my Eyes Open , for my Country's Service , some Years before it was taken away from me ) was I sollicited to write upon the Desertion , in Answer to King James's Claiming Letter at Rochester . I challenge the piece of Prelacy , who would have put me upon that Iob of under-journey VVork , to Print the Letter which I wrote the next Morning upon that Occasion , and to Answer it if he can . In short , I shewed that by the Law of England no Advantage could be taken of a King's withdrawing himself from the Government ( if it had been Voluntary , as all the VVorld knows it was not ) without a Summons sent after him to Return again in forty Days ; and yet I guess the same Person had the confidence afterwards to write upon the Desertion , and to found this Government upon it . But I then in those early Days foresaw , that their Design was to begin where the attoning Passive fag-end of the Lion and Vnicorn Sermon left off ; and that they intended to enslave the Nation over again , with the only alteration of the Name of James into William . Their Intent was , that all things should run in the late Arbitrary Channel : For which Reason the very mention of King James's Forfeiting his Remainder in the Crown , by Vnqualifying himself for it before he had it , and of his Abdicating the Crown when he had it , by breaking the Fundamental Contract , and by his Tyranny and Subversion of the Laws , was Ratsbane to these Men , and would have hurt their Passive Doctrine : And therefore there was need of Slight of Hand , to give a new Turn to the Peoples Delivering themselves , and to call it King James's own Desertion . Well then , according to this Hypothesis of Desertion , till a King runs away of his own accord , which was not true in the last Instance , nor ever will be to the end of the World , the People of England have no Remedy against Oppression , nor can ever be rid of a Tyrant ; which makes Ours and our Posterities Case worse than it was in K. James's Time : For once in an hundred Years there may fall out some Vnhappy Occasion to Assert the English Liberties , which never yet were so stinted , as to lie at the Mercy of so Vnlikely a Case as a Prince's own Desertion . We had better have been without our present happy Deliverance , than have it upon those Terms ; for that would be selling a perpetual Estate of Inheritance for one Year's Purchase . For though we have a good Prince at present , yet there may arise such another Pharaoh as knew not Joseph . But no doubt the Flattering Sir Politick foresaw , that if one Prince might Forfeit for his Arbitrary Government , another might , and this would be no agreeable Court-Doctrine . Yes verily it is even so : For whoever acts King James's Part , ought to have King James's Fate , only I wish it him Earlier . And I so far rely upon the Integrity and Sincerity of his Majesty's Publick Declaration , that a Single Deliverance was the least part of his Care ; but his main End was , to secure the Nation from Relapsing into the Miseries of Arbitrary Government any more . So that if we should Relapse into the Miseries of Arbitrary Government ( which I will never suppose in his time ) Himself being Iudg , we shall then want a new Revolution , as much as we did his . But there are some Men so secure , now Popery is gone , though in great part it is where it was ( and that for such a wise Reason as never was in the World , because our Allies are Papists ; whereas all the Papists here are French Papists , and entirely in that Interest : ) but because Popery is gone , they have no Apprehensions of Slavery . Whereas Slavery is Popery , Mahometanism , Paganism , Atheism , or any thing that the Prince pleases . For a Slave is a Dog that must leap over a Stick , and leap back again at his Master's bidding . Desertion was Discussed , whereby the Cause was puzzled , and then there was need of a new Contrivance , and so Conquest was started ; and it was asserted in the Pastoral Letter , that the King had a Right to the Crown by Conquest , and that it was a great Condescension to receive it at the Hands of the People . This raised two Bishops more to pitch upon Conquest as the stronger Hypothesis of the two ; the one of which answered poor Ashton's Speech , and the other has given us but one Third of his Sermon , which has been about two Years in modelling . I called him poor Ashton , because I heartily pitied his Death : For he acted in Pursuance of those Principles which his Answerer , to my Knowledg , has publickly Preach'd above these twenty Years , and which were Church-of - England-Doctrine , or else they had none during that time . I knew their Doctrine was false , and the Men false , and that they would never be Martyrs for it : But they have an excellent hand at Martyr-making ; and when they have brought Men to the Gallows , they leave them in the lurch , after the same manner as they report the Devil does a VVitch . But then they need not write against them . The Answerer's Argument is , That we ought to swear Allegiance to the Conqueror , for so they do in the new French Conquests ; and the Right of War here is the same as it is abroad . VVe thank him for his Love as much as if we did ; but we will never submit to be in the Condition of Mons and Namur , till we are taken by Storm : And if by his saying , that the Right of VVar Here is the same as Abroad , he means that we are the New Dutch Conquests ( as the words are capable of no other meaning ) I will never trouble my Head with that Matter ; for whenever Foreigners pretend to be Lord-Danes here in England , I will leave that Controversy to our Wives who can best decide it . Behold , thrice Honourable and thrice Sage Representatives of your Country , what is become of your English Rights ! You are by this Doctrine a Subdued Nation , and a Foreign Conquest ; and then I am sure that all the boasted English Liberties amount to no more than this , that our Thoughts are free , and your Post-letters Frank. Another Conquering Bishop that heretofore helped to Spoil the Prince of Orange's First Declaration , and to put a full stop to his Expedition , by the proffered Advice which the Bishops gave King James , to Palliate our Grievances , and to have cheated the Nation the most effectually that could be , has lately done as much for the Second Declaration , and has endeavoured to render it the Falsest Paper in the World. With your leave and patience I will make out my Story . When the Prince of Orange had made his Preparations , aud our Court was sensible of it , there was Means made to draw several Noblemen to Court to make their Complement to King James ; which was to make a Shew to the World , by the help of the Gazette , that the most disobliged Peers were wholly in King James's Interest . Accordingly the Bishops who hade made themselves Popular , by refusing the Declaration for Liberty of Conscience , and by beginning to quote Law when it came to excusing themselves from digging their own Graves , were likewise sent for to Court. When the Summoned Bishops came to the King , Septemb. 28. the Arch-Bishop being then not well , there passed nothing but Acknowledgements of Duty and Loyalty on their Side , and gracious Promises of Favour and Protection from their King. This surprized these overweening Persons , who thought they had been sent for to advise the King in these difficult Affairs . Hereupon they repaired to the Arch-Bishop , who waited upon the King , Sept. 30. with a proffer of their Advice ; which he was ready to accept , and had it three days after in eleven Articles , which have been several times printed and boasted of . As soon as ever I saw them , I plainly perceived that they were all of them deceitful and Mountebank Remedies : and being urged for my Opinion of them , I gave my Thoughts very freely concerning them , and the rather , because they were said to be very much applauded abroad . I said that I was sure the King would comply with them , but not all at once ; but he would make his Concessions so , as to garnish the Gazette with them twice a week , and to amuse the People with a Succession of Favours , as if there were to be no end of them . That these Grievances being thus Redressed , there would be no need of the Prince of Orange's Expedition , to take care of that which was already done to his hand ; and he might even stay on the other Side where he was . That these Concessions would stand till the King had recovered his Fright , and then all things would return into the old Channel : for by this Advice he would put nothing out of his reach ; and by fresh Quo-Warranto's he would fetch back the Charters in a few Terms , and every thing else in a less time . But if he should make any shew of being reconciled to the Protestant Religion , which was the last part of their Mischievous Advice , it would very much impose upon the Nation , though it might make for the Interest of the Advisers . For the Advice was selfish I plainly saw , and all over Church ; and tbe Ecclesiastical Commission , Dispensations , the two Magdalen Colleges , Iesuits Schools , the four Apostolick Vicars which carried the Grist from their Mill , and not filling the Vacant Sees , particularly that of York , was the burden of their Complaint . Whereupon I could not forbear saying , That if the Inn-keepers of England had been Bishops , and all the Bishops Inn-keepers for several Years past , then they would have thought a Standing Army a Grievance , which was not so much as mention'd in this Advice , and which would at any time retrieve all the former Concessions . I said therefore , I was afraid they did not mean Honestly , but intended to forestal our expected Deliverance , and to intercept the Prince's Voyage ; but if they meant in favour of the Prince's coming , their proffered Politicks would nor qualifie them to be States-men . But I much more questioned their Honesty than their Understanding , and therefore was sorry to see so Generous a Design as the Prince's was , to be Unblest by Bishops , and puzzled by a little Priest-Craft . The thing was taken right at the Hague : But the first Declaration being thus spoiled , it gave the Prince the trouble of an Additional Declaration ; partly to expose and lay open the Fraud of these pretended Remedies , and partly to meet with a dangerous Suggestion which was then started , of his intending a Conquest . His excellent Words concerning the last are these : We are confident , that no Persons can have such hard Thoughts of us , as to imagine that we have any other Design in this Undertaking , than to procure a Settlement of the Religion , and of the Liberties and Properties of the Subjects upon so sure a Foundation , that there may be no danger of the Nations Relapsing into the like Miseries at any time hereafter . And as the Forces we have brought along with us , are utterly disproportioned to that wicked Design of Conquering the Nation , if we were capable of intending it ; So the great Numbers of the Principal Nobility and Gentry , that are Men of eminent Quality and Estates , and Persons of known Integrity and Zeal , both for the Religion and Government of England ; many of them being also distinguished by their Constant Fidelity to the Crown , who do both accompany Us in this Expedition , and have earnestly sollicited Us to it , will cover Us from all such Malicious Insinuations . For it is not to be imagined , that either those that have Invited Us , or those that are already come to Assist us , can join in a Wicked Attempt of Couquest , to make void their own Lawful Titles to their Honours , Estates and Interests . Conquering and Enslaving the Nation , which are equivalent Words , and both put together in this Declaration , was so wicked a Design , that his Majesty was not capable of Intending it , and disclaims it with Abhorrence . How then come his Priests to tell him , and the whole Nation besides , that this is God's way of disposing Kingdoms , and that in this Divine way he came by his Kingdom , and holds it by that Tenure . Is not this , as I said , spoiling the Second Declaration ? But I will presently joyn Issue with this Conquering Bishop ; for I have not been afraid of a Conqueror these eighteen Years . For so long since I used to walk by the New-Exchange Gate , where stood an overgrown Porter with his Gown and Staff , which gave him a Semblance of Authority ; whose Business it was to regulate the Coachmen before the Entrance ; and would make nothing of lifting a Coachman off his Box , and beating him , and throwing him into his Box again . I have several times look'd up at this tall Mastering Fellow , and put the Case ; Suppose this Conqueror should take me up under his Arm like a Gizzard , and run away with me ; am I his Subject ? No , thought I , I am my own Man , and not his : And having thus invaded me , if I could not otherwise rescue my self from him , I would smite him under the fifth Rib. From that time I have had a clear Idea of Conquest , and no Conquerour in the World , with all his Power , can have any more Right to me than that Fellow . Yea , says the Bishop , but though the Porter had no clear Right to you by being Soveraign of the Exchange Gate , and Conquering you , yet he had you in Possession . And therefore according to the common Saying , which is most true in this case , He had Eleven Points of the Law. Now , I say , give me but the One Point of Right , and I will dispute the Eleven Points of Possession with any Man whatsoever ; and do no more mind them , than all the variable Points of a Divinity-Compass . But did ever any Man in a Pulpit talk in behalf of the Eleven Points of Law , and maintain Wrong against Right ? Why does he not quote another common Saying , which is most true in the same Case , That Right and Wrong is nothing but Weak and Strong . Such Men by God's Iudgment are left us in the World to unteach us the difference of Good and Evil. But the Man is quite out of his Story , and must begin again . For Conquest , even in his Notion , is justling a Man out of his Seat , and sitting down in his Place ; and this is done in an instant , as one Nail drives out another . But this is quite contrary to the Matter of Fact in relation to our two Kings . For King William was not King upon King James's first Flight , nor upon his second Flight , nor during the long Vacancy , which was no fault of mine that it was not shortned , nor till such time as Our People made him King. And we have an Act of Parliament in this Reign , which declares the Realm of England to have been Soveraign during that time , by ordering all Indictments , from the time of King James's withdrawing till the 13th of Febr. to run in their Name . And he that was not King till the 13th of Febr. could not have been so then , if his English Friends had not made him so . By the Doctrine of an Usurper set up by God , you have nothing left you : For a Kingdom of God's giving is Nebuchadnezzar's Kingdom ; Dan. 5. 18 , 19. Whom he would he slew , and whom he would he kept alive , and whom he would he set up , and whom he would he put down . So that it is the World●s End with any or all of you , whenever the Court sends for your Lives , Liberties , or Estates . Such an Usurper is a God upon Earth , which it is easie for some sort of Men to make . For so Calyban made Stephano his God , and offered to lick his Foot ; but it was for what he could get by him : And therefore it was Trinculo's Opinion , and it is also mine , That if his God were asleep , he would rob his Bottle . Who shall set Bounds to a Divine Authority ? He himself that has it from God , cannot part with an Inch of it ; much less can that Herd , which they call the People , either limit or dispute it . His part is to Command , and theirs to Obey without Reserve . Humane Laws are Sacrilegious waste Paper , where there is a God amongst them , and a Nation is wholly at Discretion . No , say they , he is Accountable to God. What is that to us ? We may be destroyed , or laid in gore Blood for all that . I not the French King accountable to God ? And yet what Reparation is that to the many millions of Souls which he has destroyed , or what Remedy against the Destruction of as many more ? I hate that Phrase , for the English Law has provided better than to make their King only Accountable to God ; there 's always Mischief in that Saying . I know a Kingdom where an Arbitrary King had exercised his People with intolerable Oppressions for above twelve Years together by his own Confession , and after that engaged them in a bloody War ; and after some respite , but before their Wounds were well healed , though he were a Prisoner himself , he caused a new War to break loose upon them , and was wholly secure , because he insisted mightily upon it that he was Accountable only to God : Whereupon , though with a Regret of a great part of the Nation , they sent him to God to give an Account . For which Reason I cannot abide that Saying , of being Accountable only to God. In the mean time the Mishpat Hamelek , and the Right of an Arbitrary and Despotick King is revived by this Doctrine ; and the things which are Caesar's , according to their former false Glosses , is every thing that is not preingaged to God , which we all know is the Church's Portion . So that the Church and Caesar divide the World betwixt them . Or as Dr. Ball used to lisp it out in his Court-Sermons , Lives and Estates , Wives and Children , all things were Thaethar's : all we had was Thaethar's , and therefore we were to render it to Thaethar . But I suppose no able Lawyer in either Temple , of which he was Master , was ever able to understand this blaese Divinity . It is true , the Scripture calls Princes , Gods , and that is enough for Court-Parasites . For when they have got such a Scripture-Metaphor by the end , how have I seen them ride on the Ridg of it ! Then Subjects withdrawing their Obedience from their Lawful Prince , is a denying God's Authority ; Treason against him is a kind of Sacrilege ; a Revolt from him , an Apostacy from God ; a Resisting him an opposing God ; rebelling against him , fighting with God ; the setting up the Title of a Counterfeit Prince against the true One , an introducing a Plurality of Godheads ; the obeying of an Usurper , Idolatry ; the slandering his Anointed , and his Footsteps , a blaspheming God ; the blaming his Conduct , a quarrelling with Providence . I have said , ye are Gods , is divulged Scripture , and every Body has heard it aloud an hundred times ; but there is a neglected Text of Scripture as full of Inspiration as that , which never used to be quoted ; Prov. 28. 15. A roaring Lion and a ranging Bear is a wicked Ruler over the poor People . Here are two Metaphors for their one ; and if any Body were disposed to follow the way of their former Descant , it must run thus upon this Text. A Lion is a Beast of Prey , seeking whom he may devour , therefore give him no Law ; destroy all his Iackalls ; deliver the Prey out of his Teeth , and wear his Spoils as Hercules did . A ranging Bear will kill you if you do not kill him ; therefore destroy all his Cubs , for they will be Bears in time ; set a Price upon their Heads , and let the Church-wardens pay it . This Text is so lively a Picture of a bad Prince , that the Messieurs of the Port Royal are amazed at it , and say thus in their Annotations upon it : Il n'appartient qu'à Dieu de dire des Veritez si etonnantes . It belongs to no body but God to say such astonishing Truths . But he is so good an Authority , that any body may safely say such astonishing Truths after him . Now an hungry ranging Bear cannot possibly be a God ; and therefore when David calls Princes Gods , he meant Good Princes , Benefactors to Mankind , and not his Son Solomon's Bears , who cannot be called Gods , no not by a Figure . And this Distinction is so natural , that it became Proverbial in several of the Learned Languages , Homo Homini Deus , & Homo Homini Lupus . One Man is a God to another , and one Man is a Wolf to another . And so far as Princes resemble God himself in Iustice and Goodness , let them wear the Psalmist's titular Honour of Gods , and good Luck may they have with it ; but when they degenerate into Solomon's Beasts of Prey , it would be so harsh a Figure to call them Gods , that no Language upon Earth can bear it , unless it can be that Figure , whereby they use to call things in Scorn . And yet our false Pulpits used to treat the Bears as if they had been Divinities , when they had just been sucking the best Blood in the Nation ; and when they had had more Carnage in half a Year's time , than Popish Queen Mary had in her whole Reign . But if there be no difference betwixt a Good Prince and a Bad , why did the Nation , a great number of them , with the apparent hazard of their Lives , give themselves the Trouble and Charge of this present Exchange ? King James would have served their turn as well . How came the Prince of Orange so generously to undertake his Expedition , but to rescue us out of the Paw of the Bear ? If we had been under a God , there had been nothing amiss , and there had been no cause with Force and Arms to have sent him a travelling , where he is , to the Head-Quarters of Tyranny . But the worried People of England invited the Prince , and the Prince assisted the worried People of England ; who at last laid their Hands on their Swords , and were unanimously bent to join him against all their Oppressors : And so we came by our Deliverance . The People of England , if they had not been enslaved by the base Doctrine of Passive Obedience , might very easily have done their own Work themselves , for whom it was most Proper ; for his Majesty acknowledges in his Additional Declaration , That his Preparations were to Assist the People against the Subverters of their Religion and Laws . So that it was their Work principally , to which they invited his Assistance , and prayed him in Aid . And on the other hand his Words were these . We do Invite and Require all Persons whatsoever , all the Peers of the Realm , Spiritual and Temporal , all Lords Lieutenants , Deputy-Lieutenants , and all Gentlemen , Citizens , and other Commons of all Ranks , to come and assist Us in order to the executing of this our Design , against all such as shall endeavour to oppose Us , that so we may prevent all those Miseries which must needs fall upon the Nation 's being kept under Arbitrary Government and Slavery ; and that all the Violences and Disorders which have Overturned the whole Constitution of the English Government , may be fully Redressed in a Free and Legal Parliament . This Invitation sounded the best to me of any that came since the Gospel came ; but according to the Passive-Obedience-Men , it was a Call to Hell , and to dip the Nation one and all into Damnation : for he that resisteth , shall receive to himself Damnation . If the Prince had directed this Invitation to them , he had spoken to Stocks and Stones that could not stir : nay , they could not possibly be Neutral , for by their forward treacherous Loyalty they had staked down their Lives and Fortunes on the other Side long before ; and by their Principles were as dangerous to him as so many Grandvalls . So that it was only the brave and sound part of the Nation , that was not tainted with the Poison of Passive Obedience , which Assisted his Majesty in his Arrival to White-Hall , and afterwards in his Access to the Throne , or else he had never come there . There was not an honest Man in England capable of joining the Prince , but he that thought it his Right to defend his Right ; which was always the standing English Principle , kept alive in the late Tyranny it self , though to the continual hazard of a Person 's Life that I know . 'T is true , there are Men of no Principle at all , that have since made sufficient Earnings of this Revolution ; who being Obnoxious , and out of Service in the last Reign , were willing to try their Chance in this , in order to their last Resort , which is the next . But I look upon such pretended Statesmen as Souldiers of Fortune , who would serve King James one day , and King William the next , and the French King once over again the third , and would be very glad to be Vizier the day following . And therefore there is no relying upon such Men , nor employing them neither ; for being hated by the People , they are a Dead-weight to that Government which endeavours to support them . But my Soul abhors above all , those that obstructed his present Majesty's Accession to the Crown as far as they could for their Lives , whereby they lost Ireland , and involved this Kingdom in Blood and Misery ever since ; and when the Nation had gained the Point , and placed the King in the Throne , could creepingly come off with this Excuse , That though they could not tell how to make a King , yet they knew how to obey a King ; and have ever since vouchsafed to take his Money in Places of the greatest Trust and Profit . But I am sure that those that did not know how to make him King , that is , to give a Vote for his being so , do not know how to serve him Faithfully ; for they must of necessity believe him ill Made , unless they have quite and clean altered their Mind since , which cannot possibly be discovered by their management of his Majesty's Affairs . The same may be said concerning those of the Clergy , who to hold their great Preferments , and to grasp-greater , have taken the slippery Oaths of Allegiance which the Pastoral Letter buttered for them ; and who have thriven by their mischievous Principles that ruined the Nation , and are so far from being retracted , that they are very often repeated ; which are as Contrary and Irreconcileable to this Revolution , as Darkness is to Light. But perhaps it is Merit to ruine a Nation , and to give an Occasion for a gainful Revolution . The last Hypothesis of Submitting to Titles without examining them , and taking the Powers that Are upon Content , is Passive Obedience in the first Instance : for you must never after question any thing that proceeds from them , but take all things in good part , without so much as shrugging your Shoulders . This Author has been among the Quietists ; and it is a great Principle of Molinus , that you must go often to Mass , and inure your selves to take a Wafer for a Man , and thereby learn to mortify your Senses . But because we are Men before we are Christians , and it is impossible to be otherwise , I will sooner mortify my Senses in the way of Transubstantiation , than in the way of Passive Obedience . Your Honours must needs be sensible , that I have written with some eagerness against Passive Obedience ; but I gave you such a Samplar of that Doctrine in the beginning of this Humble Address , as will justify the utmost sharpness of Expression , and will answer for me in treating the Preachers of it as Publick Enemies ; and so I have treated them , and not as mine . Though it is very hard for a Man to separate his private Resentments from his publick Zeal , when his Sufferings have been all for the Publick ; for that mingles them together , and he cannot possibly know them asunder , till such time as these Common Enemies have made publick Amends for their Wrong done to the Nation , and not to him . So the great Sampson when he was making his last Effort upon his Country's Enemies , in his very Prayer to God for extraordinary Assistance , could not forbear mentioning his own two Eyes . I do not care for my two Eyes , God thou knowest it . But sharpness of Language signifies nothing , where there is more need of the severity of Laws . For shall a poor Pickpocket or a Highway-man be hanged for taking away a little loose Money , and these wholesale Thieves , who strip a Nation of their Lives , Liberties and Estates , and all they have , not be look'd after ? 'T is true , they have not the Money ; but if the Pickpocket by Conveyance deliver the Money to the Ballade-singer , it will be shared at Night , by all the Rules of Bartholomew-Fair . I had rather have my House robb'd for once and away , than be told by pretended Churchmen , that a King has a High-way to my Coffers , and that all Persons he sends on that Errand are Irresistible : I had rather live in Prison , than have my Liberty lie at the same lay : And it is better for a Nation ( though there is no need of it ) to die and go off the Stage , than live a Dog's Life at any one Man's Mercy whatsoever . I will add further , that though I have been much more conversant with Prisons than with Palaces , yet I have left me that natural Idea of Honour , that I would scorn to be the Prince of a Passive-Obedience-Nation . It degrades a King , and gives him the meanest Office in the World , and the most dishonourable Employment . For whereas a Herdsman and a Muleteer are mean Callings , because they only govern Cattel : So a King , because he governs a vast Number of Men like himself , Brave , Wise and Free , is in the most exalted Station that is upon Earth ; he is King of Kings , and is served by Princes . But to wish they were a Venal or a Servile People , is as if my Lord Mayor should choose to be Common-Hunt . It is true , the Men that I have to deal with , may very well be of a different Mind from me as to the Constitution of this Government , because they build upon quite different Principles . They excuse themselves , for a very good Reason , from the intricate Labyrinths of Law and History , which are the Rule that I go by ; and which are the Standard in this Affair , as the Gospel is of Christianity : So that we may make use of St. Austin's words in this Case , Quomodo legis ? Ubi scriptum est ? How readest thou ? Where is it written ? Shew me the written Law , make it out by approved History . Nay , they have departed from the standing Rules of Right and Wrong , and the standing Revelation upon that Subject , and have betaken themselves to the Intimations of Providence , and the out-goings of the Morning and Evening , which were their Scoff the other day , when those Expressions were used in the Parliament Army . The Revolution is proved to be Right , because at Torbay the Wind chopped about , as if it had been in the Prince's Pay. Avowed Usurpation is made out by Success and Settlement . The wicked Design of Conquering and Enslaving this Kingdom is Hallowed by Providence , and made to be Divine Promotion ; and the Wreck of a whole Nation is proved to be God's-Goods . To deny God's Providence , is to shut him out of his own World ; but to ascribe wicked Actions to the Divine Providence , is the greater Injury of the two . For the English of God's Providence is , [ As God would have it ] : Now when this is applied to Usurpation , which is Robbery and Wrong in the Highest Degree ; and to the Conquest and Enslaving of a Free Nation , which is the most outragious Oppression ; to say that these are by God's Providence , is to say , that Robbery is as God would have it , and Oppression is as God would have it . But this all the World knows is contrary to God's known and revealed Will : and therefore as the Atheists deny God , so these Men make him to deny Himself . I hope I shall ever adore God's Providence whilst I live , and do it with more Understanding when I am dead , and therefore I shall be sorry to see the greatest Injustice in the World fathered upon it . That Usurpation , or Conquest , or any other wicked Thing , are by God's Providence , I absolutely deny ; but that they are by Divine Permission , and may use the Stile of Bishops , that I allow : Is it not enough to prostitute Pulpits to the mischievous Flattery of Passive Obedience , ( which were made for publishing the Everlasting Gospel of Christ , and nothing else ) but they must slander Providence too ? But the best of it is , that these Interpreters of Providence ( who would fain have the bestowing of Crowns and Titles , when it is the Peoples Gift ; and the re●●●●●ing of Westminster-Hall Law , by their own iury Pulpit-Law ; and the direction of all Publick Affairs , by handling a Text pick'd out of a private place in the Psalms ) are easily overthrown in the very Ground-work of their Iudicial Astrology . For the Disposeal of all other things is attributed to God in Scripture , as well as Promotion ; and if this Promotion be attained by wrongful and wicked Means , such as Usurping , Conquering and Enslaving a Nation , plainly are ; it is Blasphemy to ascribe this ill-gotten Promotion to God. For instance , Prov. 16. 33. The Lot is cast into the Lap : but the whole Disposing thereof is of the Lord. Now , I say , to apply this Text to a foul throw and cogging the Dice , is Blasphemy : and to say that God has disposed and transferred the hundred Pound Stake to this false Gamester , and that now he has a Divine Right to it , is repeated Blasphemy . The Bible is a Miscellaneous Book , where dishonest and time-serving Men may ever , in their loose way , find a Text for their purpose . I could give so many Instances of this in the late Times , as would be hateful and tedious . But this I say , that Eternal Righteousness , Iustice and Truth , Upright Honesty , the Right of the Case , and the Reason of the Thing , must always govern the Sense of Scriptural Expressions . For Iustice and Righteousness are the same in Heaven as they are upon Earth ; and if the Notion of it were not the same in both Places , it were vain to tell us that God is Iust and Righteous , for we could not tell what that means ; and more vain to bid us be like him in those Divine Perfections , if we did not know them when we see them . But if there were never a Passive-Obedience-Man left in England , which I hope to see ; yet false Titles are of dangerous Consequence . If we are a Conquered and Enslaved People , ( as the Simoniacal Parson said by his bought Preferments ) we came Honestly by it , for we paid the Penny for it . The Hollanders have had Six hundred thousand Pounds for it , besides great Sums which cannot yet be placed to Account . Now I am of Opinion that these are dangerous Matters ; for the Dutch are Merchants . We shall have Conquests and Titles bought and sold and trumpt upon us , perhaps sooner , perhaps 500 Years hence . For not to mention Danegelt , after the Restoration of the Saxons in Edward the Confessor and Harold , and after the Succession of five Norman Kings , in Richard the First 's Time Philip of France demanded the Sister of the King of Denmark with no other Dower , than the Danish Right to England , and the Assistance of a Fleet and an Army for one Year . Which the Danes not complying with , for fear of the Vandals on one hand and the English Courage on the other , Philip at last took her with a Dower of 10000 Marks , which was I believe the better Bargain . But as the Historian says , he therein designed a Bloody Business for the Realm of England . Gervas . Chron. p. 1244. Molitus est Regno Angliae cruentum negotium . Knyghton , p. 2406. If Philip had succeeded in this Bloody Business , we have false Prophets now-adays that would have hallowed it , and made a Divine Right of it , in these following words . And therefore it is that God , though he has infinite ways , yet commonly chuses to employ Men in this Service . He either finds them at home that are not afraid of the Power as they ought to be : or he brings them in from Foreign Countries , ( that is these Danes and French ) Whistling for the Fly out of Egypt , or the Bee out of the Land of Assyria ; In plain words stirring up a Pharaoh or a Nebuchadnezzar against them . Now in obscure words here had been both Fly and Bee whistled in ; but for all these little Interpreters of Prophecies , I am satisfied that our Ancestors would have Whistled them out . The old Popish Clergy were Englishmen , and were in at Magna Charta ; and the Lawyers can best tell , Whether the Cathedrals they left behind them , are not since Forfeited , for not reading Magna Charta publickly to the People every Year , as is enjoined by two Acts of Parliament : for which reason they were each of them Intrusted with a Record of those English Rights ; I do not now speak of that Charter's being continually Preached down . I love the Memory of the Abbot of St. Albans in William the Norman Duke's Time , who not being satisfied with his Title , when he was marching his Army towards that Place , fell'd all the Trees cross the Road , and laid Blocks in his way , and harassed all his Army . And when the Duke askt him , why he did so ? he answered , because he knew of no Business the Norman had there ; and if all Honest Englishmen had done the same , he had never come so far as St. Albans to ask him that Question . I admire the Presence of the Prior of Clerkenwell , in the time of Hen. the 3d as I take it , ( it is in History ) when in a Dispute about a Point of Right the King meant to overawe him , by saying in King James's way to the Magdalen-College Men , Am not I your King ? Yes , says he , while you govern according to Law , but no longer . I hate Popery , but I love Relicks . I know whom I have spoke to all this while in this tedious Address ; You are my Countrey , and therefore I submit it wholly to Your great Wisdom ; and if you dislike any thing in it , I wish it unsaid : Only I will abide by this in which I can be positive , that I intended it intirely for his Majesty's and my Countrey 's Service in Conjunction ; and he that talks of their having a Separate Interest , ought rather to be made an Example than a Secretary . But I humbly take my leave ; You Represent the Body of the Brave English Nation , you have my Prayers , and long since had my Heart . AN ARGUMENT PROVING , That the Abrogation of King Iames by the People of England from the Regal Throne , and the Promotion of the Prince of Orange , one of the Royal Family , to the Throne of the Kingdom in his stead , was according to the Constitution of the English Government , and Prescribed by it . THE Argument . IN this ensuing Argument , which will be very short , I have but these two Points to clear ; The one of Fact. The other of Right . First , That the People of England did actually Abrogate or Dethrone King James the Second for Misgovernment , and promoted the Prince of Orange in his stead . Secondly , That this Proceeding of theirs , was according to the English Constitution , and prescribed by it . First , This Matter of Fact being so fresh in our Memory , needs not to be so industriously proved . The Act 1 o William and Mary , declaring the Rights and Liberties of the Subject , and settling the Succession of the Crown , recites the very Instrument of Conveyance of the Crown to the Prince and Princess ; which begins in these words : Whereas the late King James the Second , by the Assistance of divers Evil Counsellors , Iudges and Ministers imployed by him , did endeavour to Subvert and Extirpate the Protestant Religion , and the Laws and Liberties of this Kingdom : which is there made out , by an enumeration of sundry Particulars . And not long after there are these words : And whereas the late King James the Second , having Abdicated the Government , and the Throne being thereby Vacant , the two Houses of Parliament do thereupon invest the Prince and Princess of Orange with the Crown . King Iames endeavoured to subvert the Government , as they favourably word it ; or rather , he had long before wholly subverted and overthrown the Government , as the Prince of Orange's Declaration speaks , ( which this very Act has annex'd , and made parcel of the Crown , and expresses to be the only Means of Redressing that Mischief ) . There is but one doubtful Word in all that I have recited , which some People make a hard Word ; and that is , King Iames's Abdicating the Government ; which no Man would stumble at , who had read Tully in his third Philippick , who says thus concerning Mark Anthony , that for his offering a Crown to Caesar , Eo die non modo Consulatu sed etiam Libertate se Abdicavit , esset enim ipsi certè statim serviendum , si Caesar ab eo Regni insigne accipere voluisset . At that time he not only Abdicated his Consulship , but his Liberty ; for if Caesar would have accepted the Crown , Mark Anthony must presently have turned Slave . Now Mark Anthony by this Action did not expresly renounce his Consulship or Liberty , or run away from both of them , but he did that which was inconsistent with them both , HE FORFEITED THEM BOTH ; which is the true import of that Phrase . The second thing is the Point of Right ; That this Proceeding of the People of England was agreeable to the English Constitution , and prescribed by it . To make this out , I need only recite the Declaration of the Lords and Commons , 10 th Rich. 2. in their Message to the King then at Eltham . Knyghton , pag. 2683. Domine Rex , SET & unum aliud de nuncio nostro superest Nobis ex parte Populi vestri Vobis intimare . Habent enim ex antiquo Statuto & de facto non longe retroactis temporibus experienter quod dolendum est habito , Si Rex maligno consilio quocunque , vel inepta contumacia aut contemptu , seu proterva voluntate singulari , aut quovis modo irregulari , se alienaverit à Populo suo , nec voluerit per Jura Regni & Statuta & laudabiles Ordinationes , cum salubri Consilio Dominorum & Procerum Regni gubernari & regulari ; set capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve exercere ; Ex tunc licitum est eis cum Communi assensu & consensu Populi Regni , ipsum Regem de regali Solio abrogare , ET PROPINQUIOREM ALIQUEM DE STIRPE REGIA , LOC● EJUS IN REGNI SOLIO SUBLIMARE . Our Lord the King — BUT there is moreover one part of our Message still left to acquaint you withall , in the Name of your People . They have it by ancient Statute , and by a late doleful Instance , that in case the King shall alienate himself from his People by any bad Advice whatsoever , or foolish Contumacy or Contempt , or Self-will , or any other irregular Way ; and will not be govern'd and ruled by the Laws , Statutes and laudable Ordinances of the Realm , with the wholesom Advice of the Lords and Peers of the Realm ; but in a Head-strong way will exercise his own Self-will , From thence-forward it is lawful for them , with the common Assent and Consent of the People of the Realm , to Depose the King from the Regal Throne , and to promote some K insman of his of the Royal Family , to the Throne of the Kingdom in his stead . Here the Parliament laid down the Law before the King , and gave him fair Warning thirteen Years before they thought of putting it in Execution ; for this was in the Tenth of his Reign , and he reigned three and twenty Years . And as for the Statute they quote , it must needs be a very ancient Statute , because the Deposing of Edw. 2. ( who was his Great-Grandfather ) in comparison of that , is represented but as of Yesterday . This Declaration of the Lords and Commons , the King could not gain-say ; and they gained their Point upon him by it , to bring him to Parliament . And it is not to be believed that the Parliament of England would affirm they had such an Ancient Statute when they had not . It remains therefore to consider how we come by this Record , seeing it is not upon the Rolls in the Tower : but 't is no strange thing it should not be there , because it is the four and twentieth Article in the Charge against Richard the Second , afterwards in the three and twentieth Year of his Reign ; Et praeterea Rotulos Recordorum Statum & gubernationem Regni sui tangentium , praedictus Rex deleri & abradi fecit , in magnum praejudicium Populi , & exhaeredationem Coronae Regni praedicti , & ut verisimiliter creditur in favorem & sustentationem sui mali Regiminis . And besides the said King caused the Rolls of the Records , touching the State and Government of his Realm , to be defac'd and razed , to the great prejudice of his People , and disherison of the Crown of the said Realm ; and as is credibly thought , in favour and support of his Male-Administration . The only means left us in such a Case , where the Records of the Tower fail us , is to have recourse to the undoubted History of that Age , which was written upon the Spot : Such is Knyghton's Authority , whose History was both written , and finished , and closed up in that very Reign . And though this should be Scare-Crow-Doctrine to the Passive-Obedience-Men , yet it is the Tenor of all Antiquity ; It is the Doctrine of the Mirror in very many places . It is the Doctrine of the Sevententh Chapter of King Edward the Confessor's Laws . It is the Sense of King Alfred's Stile , Dei gratia , & benevolentia West-Saxonicae Gentis . That he was King by the Favour of God , and the Good-Will of the English Nation . It is the Doctrine of the great Lawyers since the Norman Times ; as particularly Bracton : Rex autem habet Superiorem Deum ; Item Legem , per quam factus est Rex ; Item Curiam suam ; videlicet , Comites , Barones , qui Comites dicuntur quasi Socii Regis ; & qui habet Socium , habet Magistrum , & ideo si Rex fuerit sine fraeno , i. e. sine Lege , debent ei fraenum ponere , nisi ipsimet fuerint cum Rege sine fraeno , & tunc clamabunt subditi & dicent , Domine Ihesu Christe in chamo & fraeno maxillas eorum constringe , ad quos Dominus , vocabo super eos gentem robustam & longinquam & ignotam , cujus linguam ignorabunt , quae destruet eos , & evellet radices eorum de terra , & a talibus judicabuntur , quia subditos noluerunt juste judicare , & in fine , ligatis Manibus & Pedibus eorum , mittet eos in caminum ignis & tenebras exteriores , ubi erit fletus & stridor dentium . Bracton . Lib. 2. cap. 16. Sect. 3. The King hath three Superiors , God , and the Law , by which he is made King ; and his Court , namely the Earls and Barons , because they are called Comites , as being the Companions of the King ; and he that hath a Companion , hath a Master : and therefore if the King shall be unbridled , that is Lawless , they ought to bridle him , unless they themselves with their King shall be unbridled and lawless too ; and then the Subject shall cry out and say , Lord Jesus Christ , hold in their Jaws with Bit and Bridle : to whom the Lord shall say , I will bring in upon them a Robustious and Foreign and unknown Nation , whose Language they shall not understand : Which Nation shall destroy them , and shall pluck up the Roots of them from the Earth ; and by such they themselves shall be judged , because they would not justly judg the English Subjects . And in conclusion , being bound Hand and Foot , the Lord shall throw them into a Furnace of Fire , and outer Darkness , where there shall be weeping and gnashing of Teeth . So that if the Parliament of England neglect to do their Duty in this Case , in not restraining their King from Lawless and Arbitrary Courses , They do it at their utmost Peril ; for they are threatned with Destruction for it in this World , and will dearly answer it in the next . I have here quoted a knocking Sentence of a Lord Chief Justice of England in the Time of Henry the Third , four hundred and fifty Years ago , whose Authority hath been so far valued by both Sides , as to be strove for . The Prerogative-Men quote such Sayings as these ; Rex non habet Parem in Regno suo ; quia Par in Parem , non habet Imperium . Nemo de Factis ejus praesumat disputare ; multo magis contra Factum ejus ire . And in the very Context of the former large Quotation , Item nec factum Regis nec Chartam potest quis judicare , ita quod factum Domini Regis irritetur . Now these and the like Sayings , which are often to be met with in Bracton , are to be understood concerning the ordinary Administration of Justice , and not to limit the Transcendent Power of Parliaments which he has so fully display'd in this place ; and his Rule in other places , where there is a new Case , or any thing too weighty for the Judges , is this , Respectuetur ad Magnam Curiam , which is the Key of Bracton's whole Book . This Doctrine is agreeable to Fortescue , who says , That the People are the Fountain of Power , in that Expression , Rex à Populo Potestatem Effluxam habet . And in another place he says , That an Arbitrary Power to oppress the Subjects , could not proceed from the People themselves ; and yet if it had not been from themselves , such a King as the King of England could have had no manner of Power at all over them : For the truth of it is , it is a Contradiction to deny , that all Civil Power is Originally in the People : For what is Civil Power in English , but the City's Power , and derived from the Community ? And this either limited ; or enlarged , as they please . The Intention of the People ( as Fortescue tells us ) is the Heart-Blood of the Government , and is the Primum Vividum in the Body Politick , as the Heart is in the Body Natural . And it is impossible to be otherwise ; The Nation must make their King , for I am sure the King cannot make the Nation . And as Sir William Temple very well observes , The Basis of Governmen● is the People , though the King be at the Top of it ; and to found the Government upon a King , is to invert the Pyramid , and set it upon the Pinacle , where it will never stand . This Doctrine is agreeable to the Original Contract , which is in the Mirror of Iustice , fol. 8. upon the Election of the First English Monarch , which Contract is still continued in the Coronation Oath , and the Oath of Allegiance : Which Oath of Allegiance doth depend upon the King's taking the Coronation Oath first , which was ever practised till the Reign of Henry the Fifth , to whom Homage and Allegiance was sworn before he was Crown'd ; which was a singular Courtesy , and done on presumption of the Goodness of his future Reign . I might speak of the Curtana Sword ; the Power of the Lord High Steward , and other great Officers of the Kingdom , and draw all the Lines of the Government to this Center : But I have been heretofore forc'd to destroy all the Reading of my whole Life with my own hands , and have not since had Health enough to retrieve it ; and now a late Calamity hath fallen upon me that I can do nothing . Only I must answer one Objection , and that is , That our Ancient Statute is not practicable : for the King having the Prerogative of Calling and Dissolving Parliaments , will never assemble them , nor suffer them to sit for such a purpose . But such an Objection as this betrays great Ignorance of the Constitution of English Parliaments . We will allow that the King hath a Prerogative of Calling Parliaments , but he hath no Prerogative of Not Calling them : For not to mention our Right of having Stationary Parliaments , not only Annual , but Anniversary , which sat down constantly at the Calends of May , as appears by the Laws of William the First . It is plain likewise , that they were not dissolvable at Pleasure ; but that even as low as Henry the Fourth's Time , Proclamation used to be made to know whether there were any Petitions that were to be answer'd in Parliament . The first Abusion of Law , as the Mirror tells us , is for the King to be above Law , to which he ought to be subject , as is contained in his Oath . And the second Abusion of the Law , next to this First and Soveraign Abusion , is for Parliaments to be a la Volunt d' Roy , at the King's Pleasure . One of the Ancientest Remains that we have concerning the English Parliaments , is in the Mirror ; where he says , in King Alfred's Time , it was made for a perpetual Law , that the Counties of England should assemble themselves twice a Year [ in Temps d' Paix , in Time of Peace ] at London , pour Parliamenter , to hold Parliament . Now I conceive that these words [ in Time of Peace ] do let us into the Reason why this perpetual Law hath been broken , and how it comes to pass that Parliaments could not be punctual either as to Time or Place ; for we had many Wars and Invasions after that Time , and the Danes had the Possession of London ; and consequently it was impossible for them to meet there , or indeed to keep their Times of meeting any where else : whereupon there was a Necessity for the King to assemble them , when and where they could meet in safety ; from whence arose the Prerogative ( as I believe ) of Calling Parliaments ; which if a Prince uses Honestly , is rather a trouble to him than any thing else . If any Person shall vouchsafe to give an Answer to any thing I have here said , I desire him to do it fairly , by setting his Name to it , as I have done ; for I hate to have my Books Answer'd ( as they lately were ) in a Midnight Vizor-Masque . FINIS . A Catalogue of Books written by the Reverend Mr. Samuel Johnson . JVlian the Apostate : Being a short Account of his Life ; the Sense of the Primitive Christians about his Succession , and their Behaviour towards him ; Together with a Comparison of Popery and Paganism . Iulian's Arts to undermine and extirpate Christianity : Together with Answers to Constantius the Apostate and Iovian . Remarks upon Dr. Sharlock's Book , intituled , The Case of Resistance of the Supream Power stated and resolved , according to the Doctrine of the Holy Scriptures . Reflections on the History of Passive Obedience . A second five Year Struggle against Popery and Tyranny ; being a Collection of Papers published by the Reverend Mr. Samuel Iohnson , during his last Imprisonment of five Years and ten Days . Wherein are contained these following Tracts . 1. A Sermon preached at Guildhall-Chappel . 2. The Church of England as by Law established , &c. 3. Godly and wholesom Doctrine , and necessary for these Times . 4. A short Disswasive from Popery , and from Countenancing and Encouraging Papists . 5. A Parcel of wry Reasons , wrong Inferences , but right Observation . 6. An Oration of Mr. Iohn Hales . 7. Several Reasons for the establishing of a standing Army , and the dissolving the Militia . 8. Four Chapters . 1. Of Magistracy . 2. Of Prerogative by Divine Right . 3. Of Obedience . 4. Of Laws . 9. The Grounds and Reasons of the Laws against Popery . 10. An Humble and Hearty Address to all the English Protestants in King Iames's Army . 11. The Opinion , that Resistance may be used in case our Religion and Rights should be invaded . 12. The Trial and Examination of the New Test of the Church of England's Loyalty . 13. Reflections upon the Instance of the Ch. of England's Loyalty . 14. The absolute Impossibility of Transubstantiation demonstrated . 15. Bp Ridley's Letter to Bp Hooper , with some Observations on it . 16. A Letter from a Freeholder , to the rest of the Freeholders of England . 17. Religion founded upon a Rock . 18. The True Mother-Church . Notes, typically marginal, from the original text Notes for div A46942-e160 Jov. p. 202. P. 24. Jov. p. 242. P. 200. P. 23. Jov. p. 248. P. 249. Barlow , p. 46 , 47. Additional Declaration , Oct. 24. Dr. Fitz-Williams's Thanksgiving Sermon , for the Murder of my Lord Russel , &c. ●● 26. Rom. 13. 3. Esay 7. 17. 
A47810	----	The case put, concerning the succession of His Royal Highness the Duke of York L'Estrange, Roger, Sir, 1616-1704. 1679 Approx. 84 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A47810 Wing L1206 ESTC R39022 18206531 ocm 18206531 107089 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47810) Transcribed from: (Early English Books Online ; image set 107089) Images scanned from microfilm: (Early English books, 1641-1700 ; 1127:4) The case put, concerning the succession of His Royal Highness the Duke of York L'Estrange, Roger, Sir, 1616-1704. [2], 38 p. Printed by M. Clark, for Henry Brome ..., London : 1679. Attributed to L'Estrange by Wing and NUC pre-1956 imprints. Includes marginal notes. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Great Britain -- Politics and government -- 1660-1688. Great Britain -- Kings and rulers -- Succession. 2003-11 TCP Assigned for keying and markup 2003-11 Aptara Keyed and coded from ProQuest page images 2003-12 Judith Siefring Sampled and proofread 2003-12 Judith Siefring Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion The Case Put , Concerning the SUCCESSION OF HIS Royal Highness THE DUKE of YORK . LONDON : Printed by M. Clark , for Henry Brome at the Gun in St. Pauls Church-Yard . 1679. The Case Put , Concerning the SUCCESSION OF HIS ROYAL HIGHNESS The DUKE of YORK . THE Case of His Royal Highnesses Succession ( in regard of the present circumstances of Plots and Popery ) has been , of late , sufficiently agitated , Pro , and Con ; while the Advocates of Both sides pretend equally to support themselves upon Arguments drawn from Nature , Scripture , Law , History , Custom , and Political Expedience . [ Et Pila minantia Pilis ] Now as it is utterly impossible for a Contradiction , to be Both ways in the Right ; so the Difficulty will not be much less , for a Common man , in a Proposition of this Nicety , to distinguish betwixt the Truth , and the Paradox ; and to determine , upon which side the Reason lies . Or what if the Contendents themselves should yet , in some degree , have left the very Pinch of the Point betwixt them ? For it is not the bare Citing of a piece of Scripture , or a Record , that does the business ; but the fair Expounding , and Applying of it , with a due Regard to the Context of Times , Persons , Interests , Occasions , and other Circumstances . There is a great difference betwixt the Counsels of Factious Times , and of Peaceable ; of Vsurpers , and of Lawful Princes ; the Concessions of Kings in a Moral State of Liberty , and of Kings under a kind of Duresse . We should , in fine , distinguish betwixt the Sacred , and Inviolable Resolutions , that are founded upon Equity , and the Common Good , and those Temporary shifts , which are only Invented to serve a present Turn of State. Was there ever any Sedition that did not recommend , and support it self upon some pretext of Law and President ? Was there ever any Heresie , or Schism , that did not advance it self under the Countenance of some Text ? And yet Heaven forbid , that we should think ever the worse , either of the word of God , or of the Law of the Land , for being made use of as a Cloak to so much wickedness . He that has a mind to destroy the Discipline , the Order , or the very Doctrine of the Church of England , shall Quote ye twenty Texts for 't ; and as many Presidents , ( if there shall be occasion ) for Diverting , or Cutting off the Succession ; nay for Deposing the King Himself , and Changing the very Form of the Government . This is no more then what has been actually done in the Memory of Man. 'T is a hard matter to imagine a New Case : So that let the Instance be what it will , it is but looking back into Former Ages , to match it ; where you shall be sure to find Choice of Presidents ready made to your hand ( like Cloaths in a wholesale Shop ) of all Sizes , and Colours . Wherefore we should have a care , methinks , of dealing in perverted Texts , and Presidents . The Devil himself fishes with these Baits ; and ( as some body says ) the Rabble swallow them whole , without either examining , or dreaming of the Danger , till they feel the Hook in their Guts . Or , if I may change my Metaphor ; the Common people are caught just as we catch Larks ; 'T is but setting up a fiue Thing for a Wonderment , they all flock to 't as far as they can see it , and never leave Flickering about it , till the Fowler has them in the Net. A Pomp of words , and Colours , to the Multitude ; is but the Casting of the Sun in their Eyes from a Looking-Glass ; the more they look at it , the less able are they to discern what the matter is : and the great mischief is this ; they never take themselves to be so Clear-sighted , as in those cases wherein they are Stark-blind . They are akin to what d' ye call him 's Monsters ; their Eyes are in their Breasts , and their Brains in their Bellies : And therefore whoever would make an Interest with the Vulgar , applies himself not to their Vnderstandings , but to their Passions , and Appetites . He comes with Absolons Exclamation in his mouth , Oh! that I were made a Iudg in the Land ! which seldom fails of being the Prologue to some approching Tragedy . But let me try now , if I can find my way back again . There is an Assertion laid down , That all the Human Acts , and Powers in the world , cannot hinder the Descent of the Crown upon the Next Heir of the Bloud . This Position , the Assertor undertakes to make Good by Scripture , Law , History , and Reason . And his Opponents , on the other side , undertake , upon the very same Authorities , to Overthrow it ; and I find a very Extraordinary Pen engag'd in the Controversie : We shall enquire , first , How this Question came at this time , to be set a Foot ; and then , into the Quality of the Question it self . There was a Bill brought into the House of Commons , in May last ; ( which was Twice read ) for disabling His Royal Highness to Inherit this Imperial Crown , because of his Departure from Vs to the Romish Communion . The matter going no further , and That Parliament being soon after Dissolv'd ; there came forth , in Print , a Pretended Copy of that Bill ; which was publish'd by a Person ( if a mans Affections may be judg'd by his Practices ) that has as little kindness for His Majesty , as for his Royal Brother ; and not one jot more for the Church of England , then for That of Rome : Of both which Aversions , there are Instances more then enow : Beside that in the very same Pamphlet , he carries an Inference , from the Case of Foreclosing the Duke , to the same Right of Removing the King himself ; in case of disability ( as he says ) to do the Kingdom any Good. So that instead of pursuing the seeming ends of the said Bill ; that is to say , the Preservation of His Majesty , and the Protestant Religion , by This Act of Exclusion ; he very fairly , and for brevity sake , Sweeps all together . By the Character of the First Publisher , we may Imagine the Intent of That Publication : And it is further to be noted , that the Anti-Ducal Party were the Aggressors ; and it would have lookt like a yielding of the Cause , to have let the Subject fall without a Reply . So that the Blame ( if any shall arise from this Matter ) must be laid at his door that mov'd the Question : which Question is briefly This. Whether the Parliament of England , may by the Laws of England , Exclude the next Heir of the Bloud from Succession to the Crown . Some are of opinion for it , others against it . But the Legality , or Illegality of such an Act , is a Point that I am not willing to meddle with , either one way , or other . For whether the thing may Lawfully be done , or not , there may be Danger yet , and Inconvenience , in the putting of the Question , So that , in the Order of Reasoning , it should be first agreed , that this is a fit Question to be put , before we joyn Issue upon the Merits of the Main Cause . For my own part , I think it had been much better let alone ; and that out of divers respects , in their due places to be consider'd . First , as to the Question it self ; it is a Ticklish Point , to say , what a King of Great Britain , with his Two Houses of Parliament , either Can , or Cannot Lawfully do : when perhaps it would puzzle the Three Inns of Court , to State , and Determine the very Priviledges of the Single House of Commons . Secondly , I do not know how far Private men may be allow'd to pronounce upon the Power of that Government , to which they are Born Subject . Thirdly , This Particular Case renders the Undertaking more Invidious , and Dangerous : The King , 't is true , calls the House of Commons to Consult , and Advise de Arduis Regui ; ( Of which Ardua That now in hand is undoubtedly the Chief ) but I cannot yet learn that the Soluta Multitudo were ever joyn'd with their Representatives in the Commission . Fourthly , what can be more Hazardous , then the Probable Effects of this Dispute ? It Splits the People directly into Two Parties ; One of which is certainly in the wrong : and the Publick Peace endanger'd upon the Division . Beside that the People being made Iudges of a Case , that they do not one jot Vnderstand ; it looks as if they were not call'd upon , so much for their Opinion , as for their Help . The Publishing Manifesto's of this kind is not so much the Stating of a Case , as the Pre-engaging of an Interest ; for it is not a Rush matter , to the Multitude , whether the thing be Lawful , or Not , according to the Law of the Land : Let but Them be once possess'd , that it is Reasonable , and for the Common Good , ( thô in Truth , never so Inconvenient , and Vnreasonable ) the Old Story of Self-preservation , and Kings being Constituted for the Good of the People , ( in their mistaken sense ) will make it Lawful . And when it comes to That once , the Government is Lost. A Popular Error , upon the Matter here in Debate , must necessarily draw after it a train of dismal Consequences : as distraction of Thought , in the bus'ness of Conscience , and Duty ; an Aversion to their Superiors ; Irreverence to the Laws , and a Spirit of Opposition to all Publick Acts of Civil Administration ; if not an Vsurpation of the Power it self . And all This is no more , then to pass a Sentence in a Case where we our selves have given 'em the Chair . The very Exprosing of the Question , is a kind of Reference ; as who should say , Gentlemen , can the Parliament disinherit the Duke or not ? And This They take for an Authority , to proceed upon , to an Arbitration . Now , on the Other side , I cannot find so much as one Colourable Pretence of Advantage , by the broaching of This Dispute , to Countervail all these Mischiefs . It is a great matter , you 'l say , the Clearing of a Truth ; especially of a Truth so necessary to be known ; that the safety and well being of every Particular man ; the Preservation of our King , Kingdom , and Religion , depends upon the People's understanding this matter aright . If either this suggestion be not put home , or that the matter here suggested can be made good , I shall submit my self to be better Instructed in it . First , as to the clearing of the Truth ; — Magno Iudice se quisque tuetur . The very Question is a Moot-point . One Probable is set up against Another ; and the Learned Themselves are Divided upon 't . There are Presidents produced on Both sides ; and Objections also on Both sides to Those Presidents . And in short , it must be the work of a Casuist , as well as of a Common Lawyer , to decide this Controversie . How shall the Common people come to distinguish between the Right , and the Wrong ; where the Doctors themselves Differ ? Or how is it possible , to make any thing Clear , to Those that want Capacities to Vnderstand it ? How shall They come to separate matter of Fact , from Right ? To know what Presidents are Warrantable , or what Cases Parallel , and what not ; without any sort of acquaintance , either with Law , or History ; with the Intrigues of Parties and Factions ; or the secret Ressorts of State ? If it be said that These Books are written only for such as are Competent Judges of the Subject they Treat of ; my Answer is , that it were well enough , if they could be kept from falling into Other hands . But lying open , indifferently , to All , it is to be fear'd that the Argument does more hurt where it is not throughly understood ; then Good , where it is . And there is This further to be said ; that in all Cases of Appeal to the People , whether they Vnderstand them , or not , they never fall of siding with those Propositions , that Promise Liberty , to the Subject , and Fetter the Government . So that their Partiality , in One Case , is as bad as their Ignorance , in Another . If it be agreed , that a man cannot be the better for any thing that he does not Vnderstand ; ( or at least , so far as he does not Understand it ) and that not one man of a thousand understands the Stress of the Point here in Issue ; the pretence of clearing the Truth falls to the ground : Or however , there is not one man of a Thousand the Better for 't . But now on the Other side ; let us suppose the people so wise , that every man that reads the Case sees through it . This might serve to set some people Right , and to Confirm Others . But Right ? In What ? In the Critical Explication of a Riddle of State : which would serve us just to as much purpose , as the Knack of Solving other Common Riddles . It would make us , ( as many other Curiosities do ) only a little more Learnedly , and Vnprofitably Troublesom . It is not the Common peoples Province , to dive into the Arcana Imperii ; and it is as little , either their Duty , or their Interest , to intermeddle in the Mysteries of Government . As the Vniverse it self is compacted into one Body , by the Orderly Disposition , and Contiguity of Parts : So is every Political Society also bound up in One Community , by a Regular Distribution , and Subordination of Degrees , Offices , and Functions . And is not all This , the Work and Dictate of the same Almighty Providence ? He that made the World , appointed the Order of it ; and assigned to every Part , its proper Place , and Station . But to proceed now , upon the admittance of a Supposition , that the Subject matter of this Dispute is competently Vnderstood . 'T is as Broad as 't is Long , take it which way ye please : And the very same thing , to the People , whether it goes For the Duke , or Against him . If they find that a Parliament Cannot Disinherit him , they are but where they were before ; unless they should Impose it upon the Government by Force . And what , on the Other side , if the Parliament may Legally Do it ? May they not as Legally yet Refuse it ? So that the People are ty'd up This way , as well as the Other ; without any manner of Benefit , beyond the bare knowledg whether the thing may be done , or not . If the Parliament will , they May ; and if they will not , they may let it alone . But it many times falls out , that Overtures of this Nature serve rather as a Temptation to the doing of some thing at a Venture , then a simple , and candid Deliberation , whether a thing may be Lawfully done , or no. Or what if This thing may Lawfully be done ? we are never the nearer yet : if His Majesty has not as well the Will to do it , as the Power : And it seems more reasonable to believe that he has not , then Otherwise ; having so expresly declared his mind to the Two Houses of Parliament against it , in His most Gracious speech of May last , in the words following . I am as ready to join with you in all the ways , and means , that may Establish as Firm a security of the Protestant Religion , as your own hearts can wish ; and This not only during My time , ( of which I am sure you have no fear ) but in all future Ages , even to the end of the world : And therefore am come to assure you , that what Reasonable Bills you shall present , to be pass'd into Laws , to make you safe in the Reign of any Successor ( so as they tend not to Impeach the Right of Succession , nor the Descent of the Crown in the True Line ; and so as they Restrain not the Iust Right of any Protestant Successour : ) shall find from Me a ready Concurrence . And I desire you to think of some more effectual means for the Conviction of Popish Recusants , and to expedite your Counsels as fast as you can , that the world may see Our Vnanimity ; and that I may have the Opportunity of shewing you how ready I am to do any thing , that may give Content and Satisfaction to such Loyal , and Dutiful Subjects . Now if so it be that the very Question it self , ( thô handled with all the Simplicity of Thought Imaginable ) carries along with it so many Difficulties , and Inconveniences ; and without any Benefit at all to the Publick ; as is already set forth : what shall we say if upon a Fair , and Temperate Examination of the Arguments employ'd for the support of this Disinheriting Proposition , it shall appear , upon Evident Reason , and a Natural Deduction of Consequences , that , whether the Duke Stands , or Falls , the meer Ventilation of the Question opens a Gap to let in all those Calamities upon us , by unavoidable Inferences , which we propound to avoid by a Preventional Exclusion ? To say nothing either of the Boldness of the Argument , from a Private Pen , or of the Opposition of a Subject to the Solemn , and Declared Will of his Sovereign : And That Declaration too , recommended to Us by a Previous Grant of the Thing in the whole World which we would be thought to set the highest value upon , the Security of the Protestant Religion by all ways Imaginable , to This , and to Future Ages . Truly the Trumping up of This Question , has an Ill Visage any way ; but the doing of it directly against His Majesties Will , made known with his own Lips to the Contrary ; This makes it look a great deal more Suspicious . For to what End is it to put our selves in a Sweat , upon a Question , whether or no the King may Lawfully do such a Particular thing ; when he has told us before-hand , that he Will not do it ; and the thing cannot be done , Without him ? And the Other way , it looks Worse ; and carries such an Innuendo along with it , as who should say : Look ye , my Masters ; Here 's a thing the Government May do if they please ; and it is absolutely necessary to be done : But if They Will not ; — and so forth . There 's no managing of this Discourse , without making frequent mention of his Royal Highnesses Quality , and Title ; and yet ( saving my Duty to him in all his Capacities ) I shall keep my self in these Papers , upon a Punctual Noutrality , as to His Pretensions : My bus'ness being only to Acquit my self , in what I ow to my Religion , my Prince , and my Country , where I find any of these Sacred Interests Concern'd . As for Instance ; where any Contemptuous Reflections are past upon the Person of the Duke , His Majesty himself becomes a sufferer , through the Indignities that are cast upon his Brother . Or where the Same Argument , that is levell'd at the Duke , strikes the King too and the Government . In These Cases I reckon my self to be at Liberty . The Motives , or Inducements to This Project of Exclusion , together with the very Form it self ; are set forth in the Pamphlet abovementioned , under the Title of A Copy of the Bill concerning the Duke of York , viz. That James Duke of York , Albany , and Ulster , having departed Openly from the Church of England , and having publickly prosest , and own'd the Popish ligion , which hath notoriously given Birth , and Life to the most Damnable , and Hellish Plot , ( by the most Gracious Providence of God lately brought to Light ) shall be excluded , and disabled , and is hereby excluded , and disabled , for ever , from Possessing , Having , Holding , Inheriting , or Enjoying the Imperial Crowns and Governments of this Realm , and These Kingdoms ; and of all Territories , Countries , and Dominions , now , or which shall hereafter be , under His Majesties Subjection ; and of , and from all Titles , Rights , Prerogatives , and Revenues with the said Crowns , now , or hereafter , to be enjoy'd : And that upon the Demise , or Death of His Majesty , without Heirs of his Body ( whom God long preserve ) the Crowns , and Governments of these Kingdoms , and all Territories , Countries , and Dominions Now , or which shall Hereafter be , under His Majesties Subjection , with all the Rights , Prerogatives , and Revenues , therewith of Right enjoy'd , and to be enjoy'd , shall devolve , and come upon such person who shall be next Lawful Heir of the same ; and who shall have always been truely , and professedly , of the Protestant Religion now Established by Law within this Kingdom ; as if the said Duke of York were actually dead , &c. Here is First , to be consider'd , the Ground of This Exclusion ; and Then , the Extent of it . The Ground of it is said to be the Dukes Departure from the Church of England , to the Romish Religion ; as that which notoriously gave BIRTH , and LIFE to the PLOT . Now Dr. Tonge , that knows better , tells us , that this is No New Plot ; but an Old one , Continu'd : and Dr. Oates , most Expresly , in the Twenty third Paragraph of his Narrative , informs us , That the English Fathers of St. Omers , writing to Thomas Whitebread , and Other Fathers Here ; pray'd them to prosecute their Design of taking away the King ; and if his Royal Highness should not comply with them , to dispatch Him too : For they did fear , that not any of the Stuarts were men for Effecting Their Purposes . And in this Letter . Instructions were given to the Fathers , to feel how his Royal Highness stood Affected . In the Paragraph following , the said Fathers render This Account to the aforesaid Letter , That they had found , that althô the Duke was a Good Catholick , yet he had a tender Affection to the King ; and would scarcely be engaged in That Concern ; and if they should once intimate their Designs , and Purposes unto Him , they might not only be frustrated of their Design , but also might lose his Favour . Which Letter the Deponent Saw , and Read in the Month of February . And Dr. Oates moreover , gives This Evidence against the Conspirators , upon the Tryals of Ireland , Pickering , and Grove ; Fol. 22. of the said Tryal : that They did intend to dispose of the Duke too , in Case he did not appear Vigorous in promoting of the Catholick Religion . And this is not All neither : For the Doctor aforesaid , in the Appendix to this Narrative , under the Head of The General Design of the POPE , Society of IESUS , and their Confederates in This Plot , Subjoyns this further Testimony , Fol. 64. That in case the Duke of York will not accept these Crowns , as forfeited by his Brother unto the Pope ; as of His Gift ; and Settle such Prelates , and Dignitaries in the Church , and such Officers in Commands , and Places , Civil , Naval , Military , as He hath Commissioned ; ( as Above ) Extirpate the Protestant Religion , and in order thereunto , ex post facto , consent to the Assassination of the King his Brother , Massacre of his Protestant Subjects ; Firing of his Towns , &c. by Pardoning the Assassins , Murtherers , and Incendiaries ; That then , He be also Poyson'd , or Destroy'd , after they have for some time abused his Name and Title to Strengthen the Plot , &c. Proceeding in the same Page more Particularly , that the Royal Family of the Stuarts , are condemn'd to be cut off , Root and Branch ; and namely the King , Duke of York , and Prince of Aurange ; because that Family hath not answer'd their Expectations ; nor have they any hopes that any of them will comply with this their bloudy Design , when full discover'd to them . And Fol. 65. As to the Duke of York ; notwithstanding they acknowledg his Sincerity , and Affection to Their Religion , and to the Society ; and his Demonstration thereof , by his taking Bedingfield ( a Iesuit ) for his Confessour ; they Design to dispose of Him as is abovesaid . How could the Dukes Change of Religion now , give Birth to a Plot that was in Agitation , before That Change ? And so for his giving Life to 't ; we have Proofs here of the Clear Contrary , under the Hand and Oath of the Prime , and Eminent Discoverer of the Plot it self . Here are First , Instructions from St. Omers Hither , for the feeling of the Dukes Pulse ; and Secondly ; it appears by the Return to Those Instructions , that they durst not give his Royal Highness the least hint of the Design . Beside , that in despair of the Dukes Complyance , they had mark'd out his R. H. for Slaughter , as well as His Majesty . A new , and unheard of way , certainly , of giving Life to a Plot , for a Prince to run the risque of being Assassinated himself , for fear he should disappoint it . This Calumny of State being removed , That of Religion , I suppose , will not bear so much weight , as bordering too near upon a Doctrine , which all true Protestants do , with One voice , Condemn . As to the Extent of this Imaginary Exclusion , we may take a Computation of it , partly from the Frame of This pretended Bill , and partly from a view of the Consequences that Attend it : For upon the Naked sight of the Bill , one would think that the Dukes Case were the single point in Question . But whosoever looks a little further , will find a Snake in the Grass ; and that more Inconveniences may be grafted upon This President ; then the very Contrivers of the Project themselves were aware of , of which , by and by . For admitting the disinherison contended for , to be Lawful ; it must be either simply so , upon a kind of Omnipotent , and Vnaccountable Prerogative in Government ; or Conditionally so ; which needs no further Explanation ; Then to refer , to it s known , Legal , Visible , and Intelligible Limitations . But if it be Lawful the former way ; it is Lawful , without any respect to Crimes of State ; Opinions in Religion ; Personal Defects , or Inhabilities ; Minorities ; Families , or the Like . And then the Power may be as well transferr'd from One , to More , as from One to Another ; for I do not know of any Law , that permits the One , and prohibits the Other . So that at this rate ; this Hereditary Government may be turn'd into an Elective , into an Aristocrasie , a Democrasie , or into a Medly of all these , at pleasure . And it is not to say , what ? Do ye think that Kings , or Parliaments will be mad ? We have heard of Parliamentum Insanum , and read of Princes that have been next door to it : and though we are safe enough at Present , it is not Impossible , but Posterity may come to have More of them . Wherefore it should be in State , as it is in Play ; there should be some Common Rules Agreed upon , to keep shufflers , in Order , as well as fair Gamesters . No Government can stand , without a Foundation ; and That Foundation must be known too , and Stable ; without Running to the Cabalistical Notions of Salus Populi , and Instinct . This is it , that preserves a Nation in a due Temperament of Dominion , and Subjection ; where every man knows his Post in the Government , and stands Firm upon his Own bottom . The Foundations of Government should be like Those of the Earth ; not to be moved : For Otherwise , our Lives , Liberties , and Estates , are but Precarious , and at Mercy . In a Popular Parliament , the Crown goes to wrack , in a Prerogative Parliament , the People . We have seen , and felt , the One ; and there are those yet in Being , that have Heard of the Other . And from the Periods of these Distempers we furnish our selves with Presidents , ( as we have Occasion ) either for Tyranny , or Sedition : as if the doing of an Ill thing Once , were an Authority for the Repeating of it . And from what Root is it that all these Disorders Spring ; but the Spinning of the Thred too Fine ; and Resolving the Plain and Practical Duties of Government , and Obedience , into Mystery , and Notion ; without shewing any State , or degree of men , what they are to Trust to ? I do not speak in this place to the Legality of things , but to the Vtility of them ; and to Evince , that it is possible for a Thing to be Lawful , and yet Extremely Inconvenient . Suppose an Act of Parliament , to Prohibit the Making or Importing of any sort of Arms , or Ammunition ; the Authority would not at all Excuse the Consequence . And the Consequence , in This matter , is the Main Import of the Question , what Good , or what Ill , will probably ensue upon it , either the One way , or the Other . But in our way to That Disquisition , We should take Notice that there are Four Points to be all clear'd , before we can reasonably expect His Majesty should come to a Resolution : That is to say ; 1. The Lawfulness of the Thing . 2. Natural Affection . 3. Matter of Conscience . And 4. Reason of State. In the First Case of the Four the Learned in the Law may be Consulted ; but in the Other Three the King himself is the only Competent Iudg. What if we should , for Quiet-sake now , let the First point pass for Granted , and suppose his Majesty convinc'd of the Legality of the Act ? There is yet a Brother ; a Prince ; and a Friend in the Case : A Person that has as frankly ventur'd his Bloud , for his King , and his Country , as the meanest Subject in His Majesties Dominions . And there may be certain Stimulations of Honour , as well as Impulses of Natural Affection . Let but any Generous Subject make it his Own Case , and ask his Own heart , what he himself would do under these Circumstances ? And who knows further , but a Scruple of Conscience may fall in too with this Tenderness of Nature , upon the thought of depriving a Legal Heir , by so extraordinary a way , of his Vndoubted Birth-Right ? If This should be the Rub , there 's no getting Over it . Or if the way were Clear thus far ; yet if His Majesty should see any thing in the Tendency of the Proposition , either Inconsistent with the Dignity of His Office , or with the Peace , and Security of His Government , and People ; such Reason of State would undoubtedly put a Stop to any such Bill . How far These Reasons , or any of them , may prevail toward the Preventing , or Obstructing of This Project ; we shall not presume to enquire . But as to the Manner of Promoting it , on the Other side ; the Quality , the Force , and the Consequences of their Arguments ; there are many things to be noted in them that seem worthy of Consideration . It is a strange thing , in the Menage of This Cause , where the Honour , and Safety of the King appears to be the Main Point in Question : First , that men should be so Quick-sighted , as to see things in their Consequences So Remote ; and yet , at the same time , So Blind , as not to discern the Affronts ; and Indignities that are dayly offer'd to His Majesties Authority , nearer hand ; and the hazzards that more directly strike at His Sacred Person . My Charity persuades me , that if some of them had taken notice of the dangerous Practices hereby intended ; their Loyalty would have render'd them as Zealous , and Officious the Other way : For if a Prince be destroy'd ; 't is the same Case to every good Subject , whether it be done by a Phanatick or a Iesuite . And then the Honour they have for the King , in His Family , as well as in Himself , would have Interpos'd , in the Vindication of our Sovereigns Brother from the Malice , and Contempt that has been past by Several Pamphleteers upon the very Person of his Royal Highness . 'T is like they would have had the Prudence too , not to have markt out unto the Rabble , all the Dissenters to this Bill , as Conspiraters , and the Betrayors of their Country , till they should have seen the Result of this next Parliament ; for fear they should find Kings , Lords , and Commons under That Character . This is not Reasoning of the Case , but downright Setting the Dogs at a man. There is no doubt in the world but many an Honest man , and a welwisher to his Prince and Country stands well enough Affected to this Bill ; ( as many did in 1641. to the Pretensions then a Foot ) But when they found that Other people made Ill Use of Their Good meaning , and improv'd the Countenance of Reforming the Government to a Violent Dissolution of it ; How many thousand Instances might a body produce of an unprofitable , and late Repentance , among those Credulous and well-minded Gentlemen ? And it is to be consider'd also , that Their Mistakes contributed no less to the Ruin of the Church , and State , then the Malice of the most potent Conspirators : Nay More perhaps ; for the Error of an Honest man misleads other Honest men by Example , and gives a kind of Authority to the wickedness . Now thô this Parallel does not run upon all four ; yet the Cases jump exactly in This ; the same Anti-Monarchical Principles which were the Ground-work of That Sedition , are now set a foot again in Concurrence with the present Proposition ; and supported also by some of the Active Promoters of it . So that let the Design be never so Innocent , or Lawful in it self ; if it be yet made use of to Introduce the Old Disloyal , and Republican Leaven ; it is much the Case as if a man should set Fire to his House , for fear of Thieves . Now whether the Liberties of the Press be so great , so foul , and so dangerous , or not , as I have represented them , it shall be seen in a few words , and left to the Reader to judg of the Intention of such desperate Positions , and what may be the Event of such Bold Beginnings , if not seasonably Prevented . Upon the Publication of these Papers I should be glad to find some of the Fierce Sticklers for the Kings safety by the Exclusion of the Duke , as Nimble , on the Other side , for the Honour , and Safety of His Majesty , in Punishing the Authors , and Promoters of these Libels . There are some Irreverences toward the person of His Royal Highness which are not with Decency to be recited , and which for Other Reasons I am willing to pass over ; contenting my self only with the modestest of a great many in the Author of the Plea to the Dukes Answers . Consider his Humours , ( says he ) So Fierce , Revengeful , and Resolute : But I 'le say no more : who knows not how Improper it is to make a Woolf a Shepherd ? Nay he goes further yet : If the Duke be a Papist , ( as none deny him Now ) he 's an Heretick , as To , or From Vs : And what shall we do ? Not do by the Papists , as They would by Vs ? But what 's That ? He tells us Three or four lines before ; That it is a Maxim among Papists , not only that the Pope may at his Pleasure Depose Kings , and dispose of Crowns : but further , That the People may ever chuse a King , when he should else be an Heretick , So that after the Popes Example of Deposing Protestant Kings , We may Depose Popish . This is a Nail Home driven ; and yet for fear it should not hold , he has be bestow'd a Rivet upon it . I hope he will allow a Popish King to be an Ill one ; and for That , he tells ye that when Kings themselves be Ill ones , God not only approves of their Removal , but even Himself does it . Which is a most Emphatical way of Expounding his Meaning : For not only ILL DUKES but KINGS ( I perceive ) THEMSELVES are as well to be remov'd , if they be ILL ones . There 's Another Libel that takes the very same Byass too ; he begins with the Duke , and Ends with the King : Laying it down for a Maxim , that the King May be remov'd for Inhability to Govern : And then for an Vse of Application , he gives us the Late Instance of Portugal for a President . Nay I have not found any man yet , so Cautious upon This Subject , but he has let fall somthing , Tantamount ; And in truth the Question does Naturally lean That way . Some tell us that the People are the Source of Government ; and that the Last Resort in All Cases of Principal Import must be to Them. Whereas , First , there was a Providential Power , before any Subject Actually in Being , for That Power to exercise it self Upon : Secondly ; there is nothing more Common , then for a People to convey away what Right they have , beyond a Power of Revocation . And if a man desires to see the Covenants ; the Answer is , that the Conditions are either Exprest , or Imply'd : Which word IMPLY'D serves to all Turns and Purposes Imaginable . By a Power IMPLY'd , a Protestant , as well as a Popish Successour may be Disinherited : A King in Possession , Deposed , whether Good , or Bad. For who can set forth the Terms and Condition of an Unknown , and an Unbounded Power . A Government , we are told , cannot be suppos'd Destitute of a Power to preserve it self , in Cases of Manifest , and Publick Dangers . If we enquire where That Power of preserving the Government is plac'd ; the Reply is This : That Governours are set up for the Good of the People ; and when They fail of doing their Duty , the People may provide for themselves : That is to say , the People , by their Representatives in Parliament . But what if That Representative , should prove False too ? The King was not pleas'd with the Parliament of 1641. nor the People with the Late Long Parliament : what 's to be done Next ; but only to go together by the Ears about it , and when they have their Bellies full , only Shuffle the Cards , and deal again . From these dark Reserves of Government , the point Rises by Degrees into Cases of Instance , and Illustration . As in the Case of Lunacy , or Vnfitness to Govern ; of if a Prince be really bent to Alienate his Kingdom . In These Cases it is taken up for granted , that the people may Depose and Substitute Another Sovereign . But who shall judg now when such a Case arrives ? If the People ; they judg for Themselves ; and only take the Government out of Other hands , to put it into their Own : what if they should say that This is the Case where it is not ; Or that it is not , where it is ? If the King do but keep a Guard to preserve His Person from an Assassin ; or make a Foreign Alliance , upon the Common Terms of Priviledg that all other Crowned Heads proceed upon ; he lies at the Mercy of the People , if they shall think fit to Interpret This to be a Design upon an Arbitrary Power , or the Alienation of His Dominions ; and that he is consequently Deposable . It carries a very Ill face with it , that the Two Cases of Disinheriting the Duke , and Deposing the King should be so Unluckily Coupled , that you shall very rarely find the One without the Other : And little more then This Difference betwixt them : that the One IS to be done Forthwith , and the Other MAY be done ( when the people please ) at Leisure . If ever this Question should come to be taken up again ; I do verily believe that the House of Commons will not thank the Refiners upon the Former Bill , for charging the Proposition with so many Suspicious Aggravations ; as for ought any body knows , may endanger the whole Bus'ness . For These Venerable Patriots did only , out of an Excess of Zeal , Intend the Exclusion of the Duke , without Clogging the Bill with any subsequent Incumbrances , upon the Crown . There are some Qualifications , I know , that look as if they would be thought to stick to the single Matter of the Bill ; and distinguish betwixt an Heir Presumptive , and Apparent , a King in Posse , and in Esse ; and fortifie themselves with Authorities to warrant the Proceeding . The Duke is a Subject , they say : and not properly an Heir of the Crown ; but only in Possibility so to be . The Unwary Reader will Imagine now , that the Duke , being a SUBJECT , may be put By ; but that if the KING were of the Romish Communion , they could not meddle with Him. And yet , according to the Propositions above-mentioned , His Majesties Case would be found no better than His Brothers . And not only so neither , but the very saying that he is so , in Construction , makes him so , even thô he should give up His Life , as His Father did , for the Reformed Profession . It is not to say that This is either Impossible or Vnlikely : For , First , the Thing has been done already . That is to say , This Popular Power has been already laid down as a Fundamental Right in the People . Secondly , That pretended Power has been exerted in a Formal Charge , of Popish , and Tyrannical Designs , upon a Prince , the most Innocent peradventure , in those Two Particulars , that ever Liv'd . And Thirdly , A sentence of Death , past , and Executed , upon That Innocent Person , in the Name , and by the Assumed Authorities of the Commons of England . So that This Imagination is not a Chimaera , but a True , and Tragical History of a Prince murther'd , even in Our days , upon This Foundation . And then for the Probability of the same Thing over again , now in Agitation ; we have the Writings of the very Persons Concern'd , in Evidence against them , For notwithstanding their Formalizing upon the Lawfulness of the Thing , in regard That his Royal Highness is but a Subject ; they are Now come up roundly to the Point of Opposing , and Rejecting him , even supposing that he were their Sovereign : and without the Ceremony of an Act of Parliament in the Case . The House of Commons passed a Vote upon May 11. last past , that if His Majesty should come by any Violent Death ( which God forbid ) they would Revenge it to the Vtmost , on the Papists : Which Vote they Explain'd in their Address of the 14 , by saying that they would be ready to Revenge upon the Papists , any Violence offer'd by THEM to His Sacred Majesty : By THEM t is said , because it might be Understood Otherwise , that an Anabaptist might Commit the Crime , and a Papist suffer for 't . This Vote , and Address , are Printed Both together in the same Pamphlet ; and with a most Dangerous prospect upon His Majesties Person : if Malice on either hand should take place . For the Edge of the Reasoning is turned against it self ; while the One Faction is Provoked , and the Other Encouraged to the most Execrable Villanies Imaginable . The Libel Here Reflected upon , is called Englands Safety : and said in the Title Page to be Published for Information of all True Protestants , that they may not be affraid , nor ashamed openly in Parliament to Act , and oppose any Popish Successour and his Adherents from Inheriting the Crown of England , in Case His Majesties Life ( which God forbid ) be taken from him . This Preface was worded by somebody that knew well enough what he said ; and without Dispute intended to be as good as his word . We shall not need to look any further for his Meaning than to Grammar , and Common Construction . The Question was put , in Case of the Presumptive Heir : And He has streyn'd the Point already , and remov'd it to the Successor and his Adherents ; From the Expectant to the Occupant , from the Duke , to the King ; and so premeditates , and Encourages a Rebellion , in the very Body of his Proposition : For His Majesty that now is , must be Dead , before the Libellers Device against the Successour can take Effect ; and King , and Successour , in This Case are all one . Now upon This Principle , there needs no more than to say , that any King is a Papist , to Depose him . Nay admitting This Power to be in the People ; Acts of Parliament are but Matter of Course ; and they may do the thing even as well , without giving any Reason for 't ; Upon the Ground of their Vnaccountable Prerogative . It would be known too , what his meaning is by the Parliament he speaks of , that is Openly to oppose the Successour . It cannot be understood of King , Lords , and Commons ; for the King is the Party Opposed , and Excluded . And then I would as willingly learn what kind of Opposition it is , that he intends . It must be an Opposition , either of Force , and Violence , or an Opposition in the way of Argument , Counsels , and Debate . It cannot be the Latter sure ; for what could be more ridiculous , then to expect that a Prince should pass a Bill for the Deposal of Himself . And if it be the Other , we are e'en Half-Seas-Over already , into a New Rebellion . There is not such a Monster in Nature as a Headless Parliament : We have had the Experience of it ; and without Rubbing the Old Sore , or Reciting the Calamities it brought upon This Nation ; I shall only say This ; I cannot bethink my self of any sort of Oppression , either in Religion , Property , or Freedom ; or of any One Crying sin , in that Impious , and Seditious Interval , that scap'd us . I could add several other Instances , of the same Complexion with those above Recited ; which I shall forbear , partly out of Respect , and in part to keep my self within Compass . For I must not Quit This Subject without giving further Evidence of a Confederacy against the King and Government ; like those that Rob the House , under colour of Helping to Quench the Fire ; and in the very Instant of Pretending to save the Kingdom , they are laying their Heads together how to Destroy it : Witness the most Audacious Libel ( perhaps ) that ever flew in the Face of any Government . It bears the Title of A Political Catechism , concerning the Power , and Privileges of Parliament ; taken , ( as pretended ) out of His Majesties Nineteen Propositions of June 2. 1642. with a Construction , and Application , much at the rate of the Devils Gloss upon the Text to our Saviour upon the Pinacle of the Temple . The Compiler of This Libel , makes His Majesties Answer to be , Effectually , an Admittance of the Right , and Reason of the Propositions : and the Publisher of it recommends the Doctrine of 1642. to the Practice of 1679. We 'l take a short View , First , of the Quality of the Propositions ; Secondly , of the Kings Sense upon them : And after That of our Catechists New model of Government . The main Scope of the Propositions is This. All Privy-Councellors and Ministers of State to be discharg'd ; and their places Supply'd by direction , and Approbation of Both Houses : And all to be Vnder such an Oath , as They shall agree upon . The Great Affairs of the Nation to be Transacted in Parliament , and no Publick Act of the Kings to be Valid , unless Subscribed by the Major part of the Councel . ( Chosen ut supra . ) The Number of the Councel to be Limited ; and all Vacancies fill'd , by direction of Parliament . All the Great Officers , and Iudges to be so Chosen : The Militia acknowledg'd to be in the Two Houses ; and They likewise to have the Approbation of the Tutors and Governors of the Kings Children ; and of Those that Attend them . All Forts , and Castles to be put into the hands of Persons approv'd of by the Two Houses . The Kings Guards , and Military Forces to be Discharg'd ( thô the Rebellion was Now begun . ) No Peers Created in time to come to Sit and Vote in Parliament , without the Consent of Both Houses , &c. There will need no Other Descant upon These Propositions , ( being so Gross in themselves ) but only the Citing of some Passages out of His late Majesties Answer , in Reflection upon them . These Demands ( says the Late King ) are of That Nature , that to Grant them were in Effect , at Once , to Depose both Our self , and Our Posterity . These things being past ; we may be waited upon bare-headed ; We may have Our hand kist ; the Stile of Majesty Continu'd to Vs ; and the Kings Authority declared by Both Houses of Parliament , may be still the Stile of your Commands ; We may have Swords and Maces carry'd before Vs ; and please Our self with the sight of a Crown , and Scepter . ( And yet even these Twigs would not Long flourish when the Stock upon which they grew are Dead ) But as to True , and Real Power ; We should remain but the Outside ; but the Picture ; but the Sign of a King , &c. And Again , Thô we shall always weigh the Advices both of Our Great , and Privy-Councel , with the Proportionable Consideration due to them ; yet we shall also look upon their Advices , as Advices , not as Commands , or Impositions ; Vpon Them , as Our Counsellors , not as Our Tutors , and Guardians ; and upon Our Self as their King , not as their Pupil , or Ward . Pag. 318. And Further Pag. 320. We call God to Witness , that as for Our Subjects sake these Rights are vested in Vs ; So for Their sakes as well as for Our Own we are resolved not to quit them ; nor to subvert ( thô in a Parliamentary way ) the Antient , Equal , Happy , Well-poised , and never enough Commended Constitution of This Kingdom ; Nor to make Our self of a King of England , a Duke of Venice , and This of a Kingdom a Republick . Moreover Pag. 322. The Common people , when they find that all was done By them , but not For them , will at last grow weary of Journey-work , and set up for themselves ; call Parity , and Independence , Liberty ; devouring the Estate which had devoured the Rest ; Destroy all Rights , and Proprieties , all Distinctions of Families , and Merit ; And by This means the splendid , and Excellently-distinguish'd Form of Government , end in a Dark , Equal Chaos of Confusion , and the Long Line of Our many Noble Ancestors , in a Jack Cade , or a Wat Tiler . After the Mockery of the Abovemention'd Propositions , and the Kings Just and Prophetical Judgment made upon them ; we shall only Add , that the Ruin of the Late King , was as Certainly the Intent of Those Vndutiful Demands , as it was the Effect of them in the Execution of the Powers claim'd Thereby : and we may as reasonably conclude , that the same Pretensions , now over again , are publish'd with the same Ends ; and that the Sufferance of This Licence will Naturally run into the same Consequences . For the whole work of moving a Rebellion is but , First , to possess the people with Ill Thoughts of the present Administration ; ( which is done Abundantly already in Swarms of Defamatory Libels , which we meet with every day in the street ) Secondly , to possess the People with False Opinions , in the Matter of Government and Duty ; which is the bus'ness of our Political Catechism : Thirdly , to Put those Principles and Thoughts in Execution ; which is Express'd by the Drift of Another Pamphlet newly come out of the Press ; Entitled , An Appeal from the Country , to the City , of which we shall say somthing in Course , taking only a Taste by the way of our Catechistical Positions . If the King be Regulated by the Law ( say they ) then is the King Accountable to the Law , and not to God. Only . Pag. 1. The Immediate Original of the Kings Power was from the People : and if so ; then in questioned Cases the King is to produce his Grant , ( for he hath no more then what was Granted ) and not the People to shew a Reservation ; For All is presumed to be Reserv'd , which cannot be prov'd to be Granted away . Vpon the Late Kings saying in his Answer to the Nineteen Propositions , Pag. 321. That the Power Legally placed in Both Houses is more then sufficient to prevent , and restrain the Power of Tyranny ; our Politick Catechizer Infers , the Two Houses to be the Legal Iudges , when there is danger of Tyranny : And to have Legal Power to Command their Iudgment to be Obey'd , for Prevention , as well as Restraint of Tyranny . And not only when Arms are Actually rais'd against them ; but when they discern , and accordingly declare a Preparation made Towards it . And that they have Legal Power in such times of Danger , to put into safe hands , such Forts , Ports , Magazines , Ships , and Power of the Militia , as are intended , or likely to be intended to Introduce a Tyranny . And a Legal Power also to Levy Mony , Arms , Horse , and Ammunitions upon the Subjects , in such Cases of Danger even without , or against the Kings Consent . These are his Positions in the very Terms ; and the passing over of such Indignities upon His Majesties Royal Office , and the Honour of the Monarchy it self , without either Punishment , or Reproof ; looks like a Tacite Legitimation of the Utmost Violences upon his Sacred Person . And now Consider the Matchless Malice , and Absurdity of his Inference . The King having thus expounded himself in the same Page ; The House of Commons ( an Excellent Conserver of Liberty , but never intended for any share in Government , or for the Chusing of them that should Govern ) is solely intrusted with the First Propositions of raising Monies , &c. And again the Lords being trusted with a Iudicatory Power , are an Excellent Skreen , and Bank between the Prince and People . After This open , and Audacious way of Authorizing a Commotion ; it is but Natural for an Incendiary to blow the Coal , and to apply his Clamour to the People , to bid them Vp and be doing . And that 's the part our Boute-feu-Appellant has to play . But how does this Scandalous Pamphlet address it self to the City ; after so Fresh , so Loyal and so Generous an Instance from the whole Body of it , of their Scorn , and Detestation of a Seditious Practice . Why should a Wat Tyler expect better Quarter from a Lord Mayor under Charles the Second , then he had from a Lord Mayor under Richard the Second ? Nay That very Rebellion of 1641. is most Injuriously charg'd upon the City of London ; for Gourney , Ricaut , Garraway , and the most Considerable of the Citizens , were not only against it in their Opinions , but Oppos'd it to the Utmost , with their Estates , and Persons . And That Honourable City has not yet forgotten , either the Calamities of the War ; or the Methods and Instruments which brought so great a Reproch , and Mischief upon the City . Beside that it is as much their Interest as their Duty , and as much their Inclination as either , to support the Government . For by a War they must of Necessity suffer doubly ; and not only in the Loss , or Abatement of their Trade ; but in the deep Proportion of their Taxes to the Charge of the War. This Scribler I perceive , has read Hodge upon the Monument ; and writing after That Copy follows the same Phansie ; of the Citizens looking about them from the Top of the Pyramid . First , says he , Imagine you see the whole Town in a Flame occasioned this second time by the same Popish Malice which set it on Fire before . At the same Instant Phansie that among the distracted Croud you behold Troops of Papists Ravishing your Wives and Daughters ; dashing your little Childrens brains out against the Walls , Plundering your Houses , and Cutting your Own Throats by the name of Heretick Dogs . Then represent to your selves the Tower playing off its Canon , and battering down your Houses about your Ears . Also Casting your Eye toward Smithfield , Imagine you see your Father , or your Mother , and some of your nearest and dearest Relations ty'd to a Stake , in the Midst of Flames ; when with Hands and Eyes lifted up to Heaven they Skream , and Cry out to That God for whose Cause they Die ; which was a frequent Spectacle the last time Popery reign'd among us . Phansie you behold those beautiful Churches erected for the True Worship of God , abused and turn'd into Idolatrous Temples to the Dishonor of Christ , and Scandal of Religion . The Ministers of Gods Holy Word torn in pieces before your Eyes ; and their very best Friends not daring to speak in their behalf ; your Trading's Bad , and in a manner Lost already ; but Then the Only Commodity will be Fire and Sword : The Only Object ; Women running with their Hair about their Ears ; Men cover'd with Blood , &c. Now to Match this Dismal Prospect of Imaginary Calamities to Come , we shall mind this man of Frightful Apprehensions , with a Brief Summary of what this Nation has really suffer'd in Fact , and brought upon it self , by giving credit to such Stories as these , without any other Effect . See His Majesties Declaration of Aug. 12. 1642. Collect. Pag. 540. One day the Tower of London is in danger to be taken ; and Information given that Great Multitudes , at least a Hundred , had that day resorted to visit a Priest , then a Prisoner there by Order of the Lords : and that about the time of the Information , about fifty or sixty were then there ; and a Warder dispatcht of purpose to give that notice : Vpon Inquiry , but four persons were then found to be There , and but eight all that day , who had visited the Priest. Another day a Taylor in a Ditch over-hears two passengers to Plot the Death of Mr. Pym , and of many other Members of Both Houses . Then Libellous Letters found in the Streets , without Names . ( probably contrived by themselves ; and by Their Power , Published , Printed , and Enter'd in their Iournals ) and Intimations given of the Papists Training under ground , and of notable Provision of Ammunition in Houses ; where , upon Examination , a Single Sword , and a Bow and Arrows are found . A Design of the Inhabitants of Covent-Garden to Murther the City of London . News from France , Italy , Spain , Denmark , of Armies ready to come for England . And again , Pag. 536. they cause Discourses to be Published , and Infusions to be made of Incredible Dangers to the City and Kingdom , by that our coming to the House : ( in the case of the five Members ) An Alarum was given to the City in the Dead time of the Night , that we were coming with Horse and Foot thither , and thereupon the whole City put in Arms : And howsoever the Envy seem'd to be cast upon the Designs of the Papists , mention was only made of Actions of our own . Upon a fair understanding of the whole , this supposition of his is no more then the Counterpart of the old Story : And the Declamatory dangers that he foresees in Vision , were outdone by those sensible Cruelties and Oppressions that this poor Kingdom suffered in very deed . And now to bear him Company in his Phansy , we shall give you a Truth for his Imagination . First Imagine the whole Nation in a Flame , and brought to the Extremities of Fire and Sword by the Malice of the same Faction that embroyl'd us before ; and at the same Instant , Phansy whole Droues of Coblers , Draymen , Ostlers , Quartering upon your Wives and Daughters , till ye want bread to put in your Childrens Mouths ; ( which was the very Case ) your Apprentices discharg'd of their Indentures by Ordinances ; your Houses Rifled ; your Accompt-Books Examin'd ; Servants corrupted to betray their Masters ; your Persons sent on Ship-board , transported , or thrown into nasty Dungeons ; or in mercy , perhaps your Throats cut , by the Name of Popish Dogs , and Cavaliers . And all this only for refusing to Renounce God and your Soveraign . Then represent to your selves the Thimble-maker , once again Lieutenant of the Tower ; your Citizens clap up , orders for the Demolishing of your Gates and Chains ; and nothing less than Military Execution threatned ye , unless you will Redeem your selves with 100000 l. a Mouth Contribution , toward the perpetuating of your Slavery . Then cast your Eye toward Cheapside , Corn-hill , Charing-Cross , Pallace-yard , Tower-hill , nay , White-hall it self ; and there Imagine your Father , your Brother , your Citizens , the Nobility , Gentry ; nay , the King himself , and his best Friends and Ministers under the hand of the Common Executioner ; Appealing to God , for whose Cause they dy'd . Which was a frequent spectacle , when the King reign'd no longer among you . Phansie again that you behold those Beautiful Churches erected for the true Worship of God , abused and turned into Stables , and the Pulpits into Iugling Boxes , to Hocus your Wives and your Daughters , out of their Bodkins and Thimbles : and there to hear nothing but Heresie and Sedition , to the Dishonour of Christ , and Scandal of Religion . Phansie the Ministers of Gods Holy Word cast out of their Livings by Hundreds , and with their Wives and Children expos'd to the wide World to beg their Bread. Your Women running with their Hair about their Ears , One half to the Works like Pioneers , the other dancing attendance at some Merciless Committee to put in Bayl for a Malignant Child , or Husband ; men cover'd with Blood , lost Limbs , and mangled Bodies , with Horrors of Conscience over and above . If it be true , that these and forty times more Cruelties were committed : And that the People were frighted into these Precipices only by shadows : If it be true again , that those Glorious Pretenders when they had the King and his Papists ( as they call'd his most Orthodox Friends ) under foot ; that these People , I say , never lookt further after Religion ; but fell presently to the sharing of the Church and Crown Revenues among themselves , It will concern every sober man to look well about him , and to make use of his Reason , as well as of his Faith , for these Fore-boders seldom Croak but before a Storm . This Subject has carry'd me too far already , but I shall be shorter in what follows . After his affected Image of the Tyranny and Desolation that is breaking in upon us , he does as good as nothing , without working up the Peoples Horror and Astonishment upon those apprehensions , into a Direct Rage and Desperation . And this he endeavours to bring about by undertaking so positively for his Majesties Murther , as if he himself were of the Conspiracy : Very Peremptorily Issuing out his Orders to the City to be ready with their Arms at an hours warning . The first Hour ( says he ) wherein ye hear of the Kings untimely End , let no other Noise be heard among you , but that of ARM , ARM ; to revenge your Soveraigns Death , both upon his Murtherers and their whole Party ; For that there 's no such thing as an English Papist , who is not in the Plot , at least in his good wishes . Let not fear of losing Part by your Action make you lose the whole by your Patience . Pag. 4. And then , Pag. 25. he points them out the very General to lead them ; a respect which neither the City , nor the Illustrious Person himself , will thank him for , upon so disorderly an occasion : Enforcing his Proposition with this Inducement , That he who hath the worst Title ever makes the best King. Which is no Complement at all to his Majesty himself ; for an Usurper , it seems , would be better for His turn . So that without any If 's or And 's the thing is given for Granted ; and upon this Instigation , the least Rumour in the World , that way , puts the people upon a General Massacre ; as the bare Report lately of the French appearing before the Isle of Purbeck , had like to have done in several places . And then to the same Purpose , Pag. 23. They will vigorously , and speedily attempt the Kings Ruine , unless he suddenly prevent it , by adhering to his Parliament , and ruining Them First . Whether this be the way to Expose the Life of his most Sacred Majesty , or to Preserve it , let the World judg : And of the Irreverence of handling so tender a Point at this Course rate . Nay , he does not only pronounce upon the Thoughts and Purposes of Men , but upon the most secret appointment of God himself . When God designs the Destruction of a King , or People , ( says he ) Pag. 11. he makes them deaf to all Discoveries . This Observation of his , I 'm affraid is more to the purpose then he was aware of : For there are Discoveries of several sorts , that are Evident Enough , and yet not much taken notice of . To say nothing of the Censures he passes upon the Kings Actions , and Publick Resolutions of State : Only I wonder who made this Man a Judg in Israel . He quarrels his Majesty , Pag. 3. For Prorogations , and Dissolutions of Parliaments . And Pag. 4. upon another Point . Pag. 23. He Pre-judges the Parliament , as if they would give his Majesty no Supplies , unless he takes off the Heads of the Popish Faction , exclude the Successlon , and consent to such Laws , as must of necessity ruin them . In his 6 th Page , he shews himself so good an English-man , that he Professes , he would rather be under a French Conqueror then under the Duke , as Successor . And he goes so far too toward the Dislike of the Government it self , that he says , no Government but Monarchy can in England , ever support , or favour Popery , P. 7. He tells the City , Pag. 5. that their Enemies are young beggerly Officers , Courtiers , Over-hot Church-men and Papists , and charges the three First with lessening the Plot ; and resembling the times to 1641. Now how is it possible , but the Positions of 1641. should put us in mind of the Rebellion of 1641 ? He begins his 10 th Page thus . After the Catholicks had thus brought the Fathers Head to the Block , and sent the young Princes into Exile , &c. Now to give the Devil his due , I cannot find so much as one Papist in the whole List of Regicides . He has , I confess , one admirable Fetch to prove His R. H. dangerous to his Majesty , because he is both a Friend , and a Brother , Pag. 17. as if the King were safer in the hands of his Enemies , then of his Friends . If his meaning be , that they are more dangerous in regard of Confidence , and Opportunities ; there is no Fence against that Danger , but utterly to cast off all the Bonds , and Dictates , of Society , and good Nature . We must contract no Friendships , and trust no Relations for fear they should out our Throats . How much more wretched then Beasts has our Appealer made us at this rate , by poysoning the very Fountain of Human Comforts ▪ Though I have drawn out this Pamphlet already further then I intended ▪ I must not close it yet without one General Observation upon the People we have to deal with in this Controversie . Calumny and Imposture have ever been the two main Pillars of their Cause ; and if they can but wheedle the Vulgar , on the one hand , and defame the Friends of the Government , on the other , their business is done . There scarce passes a day without a Libel against both Church and State ; without either Provocation , or Punishment : which both shews their Malice , and confirms them in their Insolence . There is nothing so Odious , and so Ridiculous together , as betwixt Droll , and Sophisme , these People represent the Publick Management of Affairs . And who can blame the Multitude now , under these Circumstances of Licence , and Delusion , if they either Forget , or Depart from their Duties ? Is there not Law , and Power sufficient for the Preventing , or Suppressing these Indignities ? Or is it a thing not worth the taking Notice of ? for his Majesty to be told every day , in a Pamphlet , at his Palace-gate , that His Ministers are Traytors and Conspirators ; His Courtiers a Pack of Knaves , and He himself but upon his Good Behaviour to his own Subjects ? WILL it end Here ? DID it end Here ? But whence is it that all this Venom and Confidence proceeds ? The Former is only a Fermentation of the Old Leaven ( for we have our Iesuits too ) The Papal Iesuite is an Enemy to Heretical Kings , and the Protestant Iesuite will have no Kings at all , and then for their Confidence , they have both Impunity ▪ and Encouragement : the former proves it self ; and I shall now conclude with a word or two concerning the other . The bringing of this Devilish Plot upon the Stage , has struck all men of Piety , Loyalty , and Love to their Country , with Amazement , and Horror . The Murther of a Prince , the Subversion of our Government , and Religion ; What can be more Exercrable ? The thought of so Diabolical a Practice has justly transported the People to the highest degree of Rage against it , imaginable : And it is a Meritorious , and a Laudable Zeal too , so long as it contains it self within the Bounds of Law , and Duty : While the King , Council and Parliament are , in the mean time , sifting , and Examining the Design , and doing Justice upon the Offenders . Now there are a sort of men , that under the Countenance of This Plot advance another of their own , and 't is but the Rubbing of a Libel with a little Anti-Popery , to give it the Popular smack ; and any thing else against the Government goes down Current . If a man Writes , or Speaks , or Reasons against them , he is presently a favourer of the Papists , a Lessener of the Plot , and run down with Nonsence , and Clamor . A Person of Untainted Honour and Integrity , puts in for a Parliament-man ; 't is but any Little Fellows taking advantage of the Humour of the People , and Billing of him for having some Papist to his Kinsman , perhaps , or Visiting some Lord in the Tower ; or under the common Scandal of a Courtier , or a Pensioner , and he 's gone to all Intents and Purposes . This is the Character they give to every man that loves the King , the Church , or the Law. They serve them as Nero did the Christians ; they put them into Bears-skins ; that is to say , they call them Papists , Pensioners , Conspirators , and then deliver them up to be worry'd by the Rabble . Shall we never distinguish between Indubitable Truths , and Transparent Falshoods ? betwixt Words and Deeds , that stand in a direct Opposition , the One to the Other ? What Priviledg has a Phanatick to blow up a Government , more than a Iesuite ? It must be confest , however , that he is the Braver Enemy of the two , for he scorns to sneak to the Execution of his Exploit with a Dark Lanthorn ; and to take advantage of Authority by Surprize ; but Arraigns Princes , and puts them to death in the face of the Sun ; and at this Instant , charges the Church openly with Idolatry , Superstition and Oppression ; the State with Tyranny ; and the Law it self , with Error and Insufficiency . His first work is to Accuse his Superiors of Mis-government : And then he tells the People ; next , that in Case of Mis-government they may resume their Power . And what 's all this to the PLOT ? THE END . Notes, typically marginal, from the original text Notes for div A47810-e110 The Dukes Succession the Common subject of the Press . Law , and Scripture pretended on Both sides . Texts , and Presidents may be misapplyed . Heresie , and Sedition , pretend Texts , and Presidents . Texts and Presidents to all purposes . Have a Care of perverted Authorities . The Dispute , Pro , and Con. How the Question came to be set a Foot. The King Removed by Consequence . Who were the Aggressours . The Case Put. A preposterous Question . Reasons why the Question ought not to have been Put. The People Incompetent Judges of the Case . An Error of dangerous Consequence . Great mischief , and No Benefit by the Question . The Dispute Justified . The Question a Moot-Point . Not one of a Thousand understands the Point . Or what if the People did understand it ? An Unprofitable Question . His Majesties Speech . It is a Question of dangerous Consequences . The King wounded through the Duke . The Motives to the Bill of Exclusion . The Excluding Clause of the pretended Bill . The Ground and Extent of This Exclusion . The Duke gave neither Birth nor Life to the Plot. Proved by Dr. Oates . They durst not Trust the Duke with the knowledg of any design . The Duke to be dispatched too . Dr. Oats his Narrative Fol. 64. The Duke to be Poyson'd , or Destroy'd . No hopes of the Dukes Compliance . The Duke clear'd by Dr. Oates . Security to his Religion . The Extent of This Exclusion . Suppose the Disinherison . Lawful . The danger of Absolute , and Unknown Power . A Necessity of Some known Fundamentals . A thing may be Lawful and yet Inconvenient . Four Obstacles to be removed , before the King pass the Bill . No Notice taken of Libels against His Majesty , and His Government . A well meaning Mistake as Dangerous as a Malicious one . The Old Cause Reviv'd . Scandalous Reflections upon His Royal Highness . Seditious Positions . The Kings Case , and the Dukes are unluckily Coupled . The King no safer , then the Duke . The Dangerous Consequences of placing the Power in the People . The Commons Vote . The Question Changed , from Heir , to Successour . A desperate Consequence . The Political Catechism . The Scope of the Ninteen Propositions . Husbands Collections Pag. 316. The Kings Ruin was and is design'd . Seditious Positions . A Malitious Inference . A Scandalous Address to the City . Mr. Walworth . The City of London has been always Loyal . Hodge upon the Monument . The Libeller sets up for an Oratour . The Old Story . Truth for his Vision . We should do well to look about us . He gives the Kings Murther for granted . One Plot under another . 
A47921	----	The state and interest of the nation, with respect to His Royal Highness the Duke of York discours'd at large, in a letter to a member of the Honourable House of Commons. L'Estrange, Roger, Sir, 1616-1704. 1680 Approx. 72 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A47921 Wing L1309 ESTC R7627 13102053 ocm 13102053 97418 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47921) Transcribed from: (Early English Books Online ; image set 97418) Images scanned from microfilm: (Early English books, 1641-1700 ; 744:15) The state and interest of the nation, with respect to His Royal Highness the Duke of York discours'd at large, in a letter to a member of the Honourable House of Commons. L'Estrange, Roger, Sir, 1616-1704. [2], 32 p. [s.n.], London : 1680. Attributed to Roger L'Estrange. Cf. NUC pre-1956. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Great Britain -- Kings and rulers -- Succession. 2003-11 TCP Assigned for keying and markup 2003-12 Apex CoVantage Keyed and coded from ProQuest page images 2005-01 John Latta Sampled and proofread 2005-01 John Latta Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion THE State and Interest OF THE NATION , With respect to His Royal Highness THE Duke of York , Discours'd at large ; in a LETTER to a Member of the Honourable House of Commons . LONDON , Printed in the Year , 1680. THE State & Interest OF THE NATION , &c. SIR , § 1. WELL were it for this poor distracted Nation , were there less ground , than there is , for your Opinion , that it is not the particular Case of your Friend only , but of a great many ( otherwise ) Worthy and Eminent Persons , to be mis-led , and intoxicated , by the plausible pretence of a Free Estate , into a passionate Fondness , and Admiration of a Popular Government : never distinguishing betwixt the Form and Essence of a Commonwealth ; the mistake whereof ( each for the other ) has prov'd so fatal in this Age ; nor calling to mind that it was the misfortune of those that surfeited of our Kingly Regiment , and gap'd as impatiently after Novelty as any now adayes can do ; to lose the substance of Liberty and Happiness , in persute of the Shadow . Nay , too too many , I fear me , there are , that sacrificing all considerations of Conscience and Religion to their Mammon , Interest , do labour with all the Vigour and Artifice imaginable to create in the Multitude a loathing of their present Manna , and a fresh longing for their late AEgyptian Leeks and Garlick . So that you are not to look upon my Endeavours to set things aright , as to this Point , to be the pure effects of my Compliance with your Desires for the satisfaction of your Friend , but rather of a pressing and indispensable Duty . NEITHER your Friend , nor any other Republican will , I presume , maintain that a Free Estate ( as they call it ) is subject to no Violations ; because woful Experience will confute , and force them to confess either that a Commonwealth may Degenerate ; or , at least , that the so much cry'd up Model of the Late Times was no Commonwealth : And they must not only renounce their Senses , but even the Faith of Story also ; which sufficiently proves that Republiques have been sometimes invaded with Usurpations ; sometimes debauch'd and embas'd with Oligarchy ; mostly ( by reason of their Weakness and Divisions ) subdu'd or compell'd to truckle under their Neighbouring Princes ; but alwayes tormented with Faction and Convulsions . Nor , in truth , has that Party as yet been able to produce any Arguments but such as , in effect , beg the Question ; by presupposing great Unity in the Coalition , great Probity in the Intention , and great Purity in the Exercise ; which being admitted , doubtless we should so little need to differ about Forms , that perhaps we should scarce need any Government at all . Now for my Own part ( on the other side ) I abhor Bloodshed , and deem one Party in all Wars guilty of Murther ; a Crime which as it cryes High for Vengeance , so ought it to cry Lowd for Unity and Moderation ; into which blessed Path may This ballance us , that we be not again Balotted into a Field of Blood : I plead for Liberty ; not the Name , but the Thing ; and design not to assert Tyranny , but Kingship ; ( as it relates to the Laws of the Land ) to whose protection I am entitled by my Birth , for the preservation of my Freedom in Person and Estate ; and That with more assurance , then possibly can be secur'd under the Government of Many ; who scruple not commonly to term that Justice ( and without Remedy too ) which is down right Faction . So that with these thoughts about me I shall readily acknowledge ( you may imagine ) that even Monarchy it self is but as Earthen Ware , ( tho' of the Finest and Strongest Sort ) and liable to sundry Contingences ; nothing under the Heavens being compleatly Perfect . And in the Constitution of Governments , 't is childish to think upon erecting Babels against the Deluge ; but the Design must be , to embank against Floods , and enclose the best that may be against Trespassors . This being premised , I shall proceed to handle the Matter in debate , not Metaphysically , in Notions abstracted from their Subjects ( a Pastime which our Platoniques much delight in ) but Morally , and Reasonably ; and enforce such Arguments only as are plain , sensible , and appropriate to our own Countrey ; leaving the Notional to our Book-men , whose Volumes , calculated for all Climates , swell big against the Evils of the Rule of MANY , or Democracy . § 2. I SHALL not here presume to insist upon such other Insuperable Difficulties , ( of a quality too High for a private person to meddle with ) as must necessarily obviate the establishing of a popular Platform amongst us ; But lay before you in the First place the present State of the Nation , so far forth only as may carry any immediate Relation to the Subject ; and then apply the Premises to the Point in hand . This Island , now , is a large Continent , abundantly populous ; and govern'd ( I may say ) by the Subordinate Influence of the Nobility and Gentry ; who live plentifully , and at ease upon their Rents , extracted from the Toyle of their Tenants and Servants ; and every one of them Acts the Prince within the Bounds of his own Estate , where he is purely Absolute ; his Servants and Labourers are in the Nature of his Vassals , his Tenants indeed are Free , but yet in the Nature of Subjects ; whom he orders in his Courts , draws Supplyes from by his Fines , and Awes by his Power and Oaths of Fealty , to infinite Submissions . The more his Mannors are , and the more indulgently he behaves himself ( like a good Prince ) the larger is his Territory , and the more awful are his Commands . A Neighbour more Rich and Potent gives Cheque to his Inferiour Neighbour ; and brings his Petty-Princeship into awe ; He again being overaw'd by one that is greater and more powerful than himself in Estate and Friends . But none of these , with respect to his Quality and Estate , will admit a Parity with his Inferiour Neighbours , much less with his Tenant or Dependent . INTO the Rank of Gentry do our Officers , Citizens , and Burghers aspire to be enroll'd : So that no sooner by Arms , Office , or Trade do they acquire a competent Stock , but forthwith for Land it is dispos'd ; and then , disowning the Title of Souldiers , Citizens , or Burghers , they take to themselves the Degree and Name of Gentlemen , with Arms not improper ; for England within it self , has been so often shuffled from High to Low , that there is scarce any Artificer but may find his Name in the Heralds-Book , tho' not his Pedegree , which Ingenuity yet and Good Will may easily supply : And thus being Equipt with a Title and Estate , they set up suitably the Dominion within their Territories ; which none can dispute , because they have no right to intermeddle with what any man has or does within himself : For by Gentry I intend not only such as are so in Blood , but so in Quality also ; such as live easily , and like Princes , upon the Labours of their Dependents . OUT of This Order are constituted our Sheriffs , Justices of the Peace , and all that execute the Authority of a Judge ; by the influence of which Powers , they so order all Elections to Parliament , or otherwise , that the whole Countreys Commonly follow their respective Factions , and the Commonalty in their Votes are menag'd by Them , as a Horse by his Rider . So that as the Agrarian or Interest of Land , is principally in these Two Ranks ; So is the Consequence thereof , Dominion and Command ; which emboldens them to such a Height of Spirit ( natural to our Nobility and Gentry ) that they are too apt to undervalue Persons of Inferiour Quality , [ Burgesses and Mechaniques , ] with whom to Inter-marry by our Old Law it was a Disparagement for a Ward ; and this Spirit of Generosity cannot be supprest , so riveted is it in their Natures , but by the Eradication of their Persons , or at least their Qualities ; to which strange effect I have heard some Grandees vent a Sense . AND indeed the establishing of a Free Estate ( so call'd ) were otherwise Desperate and Impracticable ; and therefore it was the Course that the prevailing Mechaniques , among the Swisses , were forc'd to take : How else shall we be levell'd to a Parity , which is of the very Essence of a Commonwealth ? For as Titles and Honours are incident to Kingship ; so also are Equality in Place , Degree , and Birth , to Democracy ; unless where , in case of Office , for the Time only they are entitled to a Precedency . Reduced you must be , Sir , to the Condition of the Vulgar ; Commoners already are you in Title , which yet is but a Fallacy of the Name , and deludes our Statists ; for indeed you are so only Representatively , being rather the Tribunes and Leaders of the Peoples strength , and the Governours of their purse , then purely Commons . Neither yet will the bare obtaining of such a Parity be sufficient to do your Friends Business ; unless there be a Supreme Power establish'd in some Body Corporate , Compacted and Permanent ; such as is That of London , where the Grandure of That City ( but that it is never to be debauch'd into such a Degree of Disloyalty and Fanaticism ) might possibly erect it Self into a Free-State , ( could it once overcome all opposite Interests ) and by that great Magazine of Treasure and Men , there embody'd , give Law to the whole People scatter'd as they are in a large Continent : Having , First , reduc'd some meet Cities , Forts , and Castles , which being Garrison'd from the Head-Colony would aw the Countreys , and mould them into a Vassalage competent to make up a Free-Estate . But then our Nobility and Gentry would neither have the Honour of the Name , nor Benefit of the Thing : 'T will be instiled the Commonwealth of London , not of England ; And our Pay must be as They Impose , and our Liberty as They vouchsafe it ; only in This it will be the less agreeable , that we must be Subject to our Inferiours . NOR is This Discourse to be look't upon as meer Drollery ; for from This Embrio have issued those Commonwealths which are so fam'd in Notions ; as those of Rome , Carthage , Athens , Lacedaemon , Corinth , Thebes , &c. Great Cities of That Name , which having subdu'd their adjacent Territories , denominated the Dominion ; wherein only those of the Freedom ( Citizens and Denizens ) had Vote or Power ; the Nobles and Gentlemen being purely Tributary to the Chief City ; unless they transplanted themselves , renounc'd their Cities , and so , by degrees advanc'd into the Honour of a Burgess , as we now do exercise our Junior Issue . And little different are at this day the celebrated Commonwealths of Venice , the United Provinces , the Swisses ; not to instance in those Petty States of Genoua , Ragusa , Geneva , &c. all of them mostly denominated from those Principal Cities , which give the Law to the adjacent Provinces . Those indeed of the Hollanders and Switzers , tho' they derive not , so directly , their Title from One City , yet are they ( in Substance ) of the same Composure , being only an United Body of Corporated Cities , combin'd in One , for Mutual Defence against Invaders , but of an equal Power to impose upon the Adjacent Territories , scituate under the aw of each respective City , or Town-Garrison . It falls not within my Memory , that there ever was , or at This Day is , a Free-Estate in the whole World that 's manag'd by the Gentry Inhabiting at large , or by any People not combin'd within the Jurisdiction of their Walls ; except the Grisons ; who are a scatter'd People of a mean Quality , having long since disown'd their Gentry ; and are without Walled Towns or Garrison . 'T is a small Territory , possibly of extent to an Inland Country ; upon Emergences , the whole People at a set day , meet in the Open Ayre , where the Major Vote ( as with you Knights of the Shire ) cryes up the Magistrates , and Determines Warre . Their Confusions makes them easie for Conquest , were their Country worth it , and not secur'd by the United Cantons . NOW to apply the Premisses ; can your Friend , or any other Man of the same Stamp imagine , that our Nobility and Gentry ( as now in Power ) will ever be induc'd to admit a Parity ; will level their Degree and Domination to a Proportion with their Copy-holders ? Nay , will renounce the wearing of a Sword , and learn to make one ? Will submit to become Tributary to the Neighbour-Colony ? If this can be brought about ; then perhaps ( and not till then ) may we again hope to aspire from our present Glorious State of King-ship , to a Free-state in Clown-ship ; or at least , from the Free-giving of Subsidies , to the Majesty of a Scepter ; to the Forced-payment of Excise to the High and Mighty Burgher ; such as was that High and Mighty Butcher , who , not many years ago was commissioned by the Swisses , as one of the Chiefs to be God-Father to the French Kings Son. As Plato phansi'd his Community , and Sir Thomas Moor his Utopia ; so are these people bigg with hopes of a Relation ; thereby to reassume their Idoliz'd Model of a Commonwealth , out of the scatter'd Gentry , in the nature of a House of Commons . But if nothing but New Experiments will serve their Turn , I could wish they would find other Subjects to try Conclusions upon , than the Estates , Lives , nay , the very Souls of Christians . You well remember I 'me sure , Sir , that we once ran the Loss of Those , and the Hazzard of These , upon the hopes of a Chimaera in the Brains of some : The word Liberty deluded us into Patience , and Patience from 1648. to 1660. brought forth not less Payments , but more Servitude . And let them not hope to bring Countenance to their Cause , by alledging ( as they did before ) that they could never be permitted to foster up their Babe to full perfection ; for that they will ever be opposed by all Wise and Loyal men , who having once experimented the Evils of such a State , will be as vigilant and industrious to keep it from getting footing among us again , as those that are otherwise , can be to bring it on . Beside that , you cannot have forgot , Sir , that from 1648 to 1653. they had it from the Nurse , and ( had they stuck to their Pretences ) might probably in five years time have set it upon its Feet ; but they found the sweet ( poor Wretches ) of ingrossing Power to themselves : But then it could never have been of any long Continuance , as manifestly appear'd from the great scorn and bitterness that the Supporters of it were reproach'd with , when it was dissolv'd ; there was not so much as one Bloudy Nose in the defence of that High and Mighty State ; but all the persons were held in the utmost degree of detestation , as they most justly deserved . And though these Rumpers , 't is true , came twice into play , yet were they only made use of to serve a Turn , as being fit to be made a Property ; for it was presently seen that it was not the desire of their Rule , but of a further change , that inspirited the People against the Army ; and the Rump ( as being next at hand ) had no sooner mounted the empty Saddle , but ( before they were warm in their Seat ) they were again Unhors'd with a Publick Leave , as appear'd by the Bonefires ( upon That Occasion ) that might have lighted them to the Lands-end , if they had dar'd to be seen among them . So that it is plain from what has been said , that it is not the sense or Interest of a Few , that can long sway a Nation ; for if the publick Spirit be averse , at the long run it will prevail ; the more Dispute there is with that spirit , the more embitter'd it will be found : For , whatever such Enthusiasts may dream , even when the Multitude have the Power , the Command yet rests in a Few : The most active Spirits lead the Herd , and ingross the Place , the Profit , and the Sway : This , in generous minds , begets Disdain , and that , Faction ; for when all are equal , thousands think themselves as deserving of Rule , as those that carry it ; to satisfie all it is impossible , to please few displeases the Most ; the Transactions of that Party from 1648. to 1660. have made this as sensible , as they made themselves contemptible . In a word , the Nobility and Gentry of England have Spirits pure , naturally just and generous , like Fire aspiring , as a Pyramide , from low to high ; and never resting till it contracts it self into an Unity at top : So God is One , or he were not God , nor could he Rule the World ; and if your Friend likes not this President , but still continues to delight in the Rule of Many , let him begin a Pattern in his own Family , and he may there , possibly , have enough to do . § . 3. NOW my hand 's in , I shall venture to set one step further , and refresh your memory with a View of our Condition whilst this Free-State kept above-Water , the Past being the most certain Line to direct us in our Conjectures upon Futurities . We were never free ( you may remember ) from the Apprehensions of an Insurrection at Home , or an Invasion from Abroad , and liv'd in continual jelousie , even of our very next Neighbours . These Fears obliged us to maintain a considerable Force at Land and Sea , which , lying idle , corrupted , as standing-Water in a Pool , and every moment threaten'd fresh Combustions , as they were blown up this way or that way by their new Masters ; but at the best ( like our old Lord-Danes ) they were most insupportably burthensome and odious to the Country , by their Quartering ; and to keep them as much in action as possibly we could , we were fain either to be perpetually amusing them with pretended Discoveries of some new-feigned Plot or other , or else to engage them in Forreign Wars . For the support of this Army ( now ) we were compelled to daily Contributions , besides great and innumerable Customs that were exacted , together with the Excise , ( a Brat begotten in the Low-Countries , with their State , which makes them free indeed , but then it is in Purse , not in Priviledge ) a Tribute which no King of England durst demand , before they enforced us to pay it ; which being ever before look'd upon as Poyson ; we then took as Physick ; though in that Age , it was generally believ'd that no English-man would ever swallow it ; and for the bare but necessary Mention whereof , in the House of Commons , that Grand Patriote ( as they call'd him ) Mr. Pym was by a young Spirit ( not without great Applause ) call'd to the Bar ; add hereunto the Benevolences , Sequestrations , five and twentyth parts , a Tax of fifty Subsidies at once , ( though the late King suffer'd so much by the demand of twelve only ) Fines and Compositions , sale of Kings , Bishops , Deans and Chapters , and Delinquents Lands , the two parts of Papists Estates , nay a share of our very Charities to the distressed ; over and above the constant Contributions that were levy'd . How was all this devour'd by the Army , whose Belly indeed was bottomless ? and yet what Arrears did we owe them just before the King's Return ? three Millions at least ! Reform the Army we durst not , and our constant charge could not be less than two Millions yearly , to supply it ; In a word , we never used to be in a worse condition , than when none would Rebel , because when the People were quiet we had no Lands either to sequester or to sell. Our Trade fell to nothing , our Traffique was interrupted , our Gold walk'd beyond Sea more freely than in our own Country ; and we lost no less than 2000 Sail of Ships in two or three years time : There was no settlement , but we were every day dancing after a new Whistle ; ten Models we had in Proposal at one time , and every Faction ready with Blood to aver his own way to be the best . By our known Laws we could not be imprison'd , but by a Regular proceeding in a Course of Justice ; but under our free Estate ( on the other side ) upon the most slight suggestions of a spiteful Neighbour in Authority , we were presently seiz'd by the Serjeant at Arms , with his exorbitant Fees ! no Bail , no Habeas Corpus , no regular way of Justice to do us right ! but , after a Twelvemonths stay in Goal , if we could make good Friends , and humble our selves to our potent Adversary , we might possibly be discharg'd ; but without amends , or knowing of our Crime . Loe thus , while we cajol'd our selves with the Name of Freedom , we lost the thing , and became free , only to be made the most despicable of Slaves . BY this , Sir , you see that the Question might be decided in a few words , only by alledging the Inclination of the People to Monarchy , as it is now established : For as no man can well be wrong'd with his consent , so neither is any man to be oblig'd against his will. And indeed how should a Government , founded upon inequality and force , ever subsist without it ? Or a State that must necessarily be the meer Adjective of an Army , become a Substantive ? With as much Reason might I also object matter of Title , because the same Estate , with a flaw in the conveyance , or clogg'd with Statutes and Judgments , is not surely of like value , as if it had been descended clearly from the great Grandfather , and were free from Claims and Incumbrances . But it shall be the next part of my Business to shew that the present establish'd Government ( as it excellently complies with the Laws , Genius , and Interest of this Nation , so it ) comprehends all the Benefits of a Common-wealth in great perfection ; and this I shall do as briefly as I can . TO demonstrate how it complies with our Laws and Constitutions , let it suffice , That ( Monarchy , in these Nations , being more ancient than Story or Records more venerable than Tradition it self ) our Laws were born ( as it were ) under this Climate , habituated to this Diet and Air , grafted into this Stock ; and though we have ( thanks be to God ) forgotten our Norman , yet will it be very hard for us to learn Greek , much less Utopian ; that in the late Usurper's time , our Lawyers , with one Voice , importun'd him rather to assume the Style and Power of a King , to which they found all our Laws were shaped , than retain that of a Protector , unknown to the Law : That nothing render'd the late Architects of a Common-wealth more obnoxious , than that ( notwithstanding their infinite Discords , in other things ) they generally agreed in the necessity of subverting all our Fandamental Laws , in order to their Design ; which Consideration ( we are in Charity to believe ) obliged the sober men of all Parties , the true Patriotes , ( nay and even the chiefest Pillars of the Parliaments-Cause too ) to unite themselves with the Royal Interest ; as not enduring to hear of those violent and dangerous Alterations which they plainly saw a Republick must necessarily introduce . FOR its complyance with our Genius , examine we ( in the first place ) the various Revolutions that have happened to this Island ; Brittains , Romans , Saxons , Danes and Normans ; or ( more nearly ) the changes in their Descents from the direct Line to the Collateral ; or ( yet nearer ) the times of Insurrection and deposing Kings , Edward and Richard , ( both the Seconds of the name ) and we shall find King-ship still in fashion . Nay , that of King John is more notorious , for when the People had in a sort dethron'd him , and sworn Allegiance to Lewis of France , yet when John dy'd , the same People not only Expelled the Foreigner , but having got the Power into their own hands , they Crowned King John's Son , being then an Infant without Interest or Adherents : Nor will all our Chronicles afford us one single Instance of any Design or Endeavour to erect a Free Estate , ( before the late unnatural times furnish'd the President ) no not when Wat Tyler , or Jack Straw revell'd it with their Clowns . Nor yet is this Genius ever to be chang'd , for Reflect we ( in the second place ) that as our English Nature is not like the French , supple to Oppression , and apt to delight in that Pomp and Magnificence of their Lords , which ( they know ) is supported with their Slavery and Hunger ; Nor like the Highland Scots , where the Honour and Interest of the Chief is the Glory of the whole Clan : So doth it as little ( or less ) agree with the Dutch humour , addicted only to Traffick , Navigation , Handicrafts , and sordid Thrift , and ( in defiance of Heraldry ) every man phansying his own Scutcheon . For does not every one amongst us , that has the name of a Gentleman , labour his utmost to uphold it ? Every one that has not , to raise one ? To this end , do not our very Yeomen commonly leave their Lands to the Eldest Son , and to the other nothing but a Flail , or a Plow ? Did not every one ( in the days of our late blessed Martyr ) pinch himself in his Condition , to purchase a Knight-hood or small Patent ? What need further proof ? You cannot but remember , Sir , how that bare glimpse and shadow of Monarchy under Cromwel , and his Son Dick , ( though persons even at that very time hated and scorn'd , and that too upon a most impious and scandalous account ) was for meer resemblance-sake admitted astolerable and ( in respect of a Common-wealth ) courted ; which clearly evinces , how grateful the substance must needs be to all true English Spirits . AS to our Interest , briefly , ( to wave tedious and Politick Discourses ) there is no man , but with half an Eye may foresee that a Republick ( were there any possibility of setling one ) would destroy all our present Peace , and Felicity , ruinate our Trade and Traffick , involve us in a Field of Blood , alarm all our Neighbours , make our best Allies our bitterest Enemies ; and probably draw upon us the united force of Christendom , to crush the Embryo ; which would be the utter destruction and enslaving of this most free and prosperous Nation , ( could it but once be capable of a due sense of its own Felicity ) to the Tyrannical Damnation of a Foreigner . Beside , ( at best ) by what Title can we pretend to hold Scotland and Ireland , should that of Descent be avoided ; for Consent there is none , nor can any be expected . § . 5. BUT I come now directly to assert , That the Present Government eminently includes all the Perfections of a Free-Estate , and is the Kernel ( as it were ) of a Common-wealth in the Shell of Monarchy . And , first I shall begin with the Essential Parts of a Common-wealth , which are three , viz. the Senate proposing , the People resolving , the Magistrate executing . For the Senate ( or Parliament ) if ever there were a Free and Honourable one under the Cope of Heaven it is here ; where the Deputies of the whole Nation most freely chosen , do with like freedom meet , propound , debate , and vote all matters of Common Interest : no Danger escapes their representing , no Grievance their complaint , no Publick Right their claim , or Good their demand : In all which , the least breach of Priviledge is branded with Sacriledge ; and though there lyes no Appeal to the dispersed Body of the people , ( a Decision manifestly impracticable in Government , and fitter indeed for Tribunes to move , then Nations to admit ) yet ( Elections being so popular and conventions frequent ) the same end is attained with much more safety and convenience . The Prince may likewise ( in some sense ) be said to have only an Executive Power , which he exercises by Ministers and Officers , not only sworn , but severely accomptable ; and though both He and the Lords have their Negatives in passing of Bills , and though it be the King only , that , by his Royal Fiat makes our Laws ; yet ( no Tax being imposable but by the consent of the Commons , nor any Law ( without it ) of such validity , that the Ministers of Justice dare enforce it ) there is a wise and sweet necessity for the King , and likewise for the Lords to pass all such Bills as are convenient for the People , and not greatly hurtful to the Prince ; and those that duly weigh the Reason of things , do find a Negative in the King to be a most safe Preservative of Peace to the People , who have as much comfort under the protection of his Prerogative , as they have Benefit by their own Priviledges : For in truth , this Bug-bear Negative ( as our Republicans labour to represent it ) is an impenetrable Target , to shelter and secure the Government from being alter'd at the Will of the Commons , if at any time they shou'd prove Factious . And this ( being in reason manifest ) has also been confirm'd by great Experience ; our Kings having rarely obstructed any Bill which they might safely grant ; but on the otherside , pass'd many High Acts of mere Grace , circumscribing their Prerogative , and clipping its Wings ; nay better had it been for us , if they had not pierc'd its very Bowels . THIS is that Triple-Cord that could never yet be broken , tho' it has been Cut asunder ; This is our Gold seven times Refin'd ; for every Bill being Thrice Read , Debated , and Agreed in Either House , is at last brought to the King for his Royal Assent ; ( which is the Mint of our Laws : ) a Tryal so exact , that surely no Dross can escape it ; since all Interests , must thereto concur : ( as truly it is but fit they should , in the Establishment of That which must Bind all . ) This is that Temperament , which purges our Humours , and ( at once ) indues us with Health , Vigour , and Beauty : no Vote is Precipitated ; no Act Huddled up ; as by sad Events , you saw they formerly us'd to be , when the Power was engross'd by One of the Estates , purg'd and moulded to the Interests of a Faction ; a Consequence but Natural to such Premises ! Nothing was ( There ) weigh'd , but ( as in a Balance consisting of one Scale ) our Laws were Mandrakes of a Nights Growth ; and our Times as Fickle as the Weather of the Multitude . THE King indeed has the Power of making War , but then he has not the Means ; so that it signifies little more , then a Liberty to Fly if he can get Wings ; or to go Beyond Sea , provided he can waft himself over without Shipping : He has a Sword , but Himself alone can never draw it ; and the Train'd-Bands ( in whom he has the sole Right ) are a Weapon which he decently wears , 't is true ; but the Nation only may ( in Effect ) be said to have the Use and Benefit of it . He chuses his Ministers ; ( as who doth not his Servants ? ) but then they pass through such a Test , as none but the soundest Integrity can abide : He can hinder the stroke of Justice with his Pardon , ( tho' still , the Jaws not being muzzled , it will Bite terribly ) but then ( on the Other side ) the Power of Relieving his Wants rests in the Commons , to Balance his Will , and induce him to a Correspondence with Parliaments . THAT his Person should be Sacred , is most Needful , to avoid Circulation of Accounts ; Reasonable , since it carries with it the Consent of Nations ; Just , that he become not the meer Butt of Faction , and Malice , and be in a worse Condition then the Basest of Vassals ; Honourable , that the Nakedness of Government be not daily Uncover'd ; Wise , in the Constitution , that so we may not ( at once ) both Trust , and Provoke , by forcing him to shift for his Own Indempnity ; no danger to the Publique seeming so Extreme , as the Outlawry of a Prince ; no Task ( by daily Experience ) so difficult , as the Arraigning of any Power , whether Regal or Popular ; and if we make Golden Bridges for Flying Enemies , much more should we afford them to Relenting Sovereigns : ( Upon which account , in our Neighbour Kingdom of France , even Princes of the Bloud are not subjected to Capital Punishments . ) Finally , very Safe it is in the Consequence ; for should a King be never so wicked and Tyrannical , yet being ( by the Danger threatning his Corrupt Ministers ) stript of Agents , his Personal Impunity might signifie something to Himself , perhaps , but nothing to the People . A Revenue he has , for the support of his State and Family , Ample ; for the Ordinary Protection of his People , Sufficient ; but for any considerable Undertaking , Defective ; and for Publique Oppression so Inconsiderable , that when Prerogative was most Rampant , our Greatest Princes ( and some doubtless we have had , the most Renowned Warriours of their Age ) would never , prudently , aspire to make themselves Absolute . The Royal Revenue is proportioned to the Maintenance of Courts , not Camps , and Fleets : In fine , it is very Competent for Ordinary Disbursements , and as for Extraordinary he resorts to Parliaments ; the Wiser He , and the Happier We ! Now there is nothing more Demonstrative , then that upon Examination , we may find the present Government to be ( compared with all the other Models of the Late Times ) a mighty Ease to the Publique Charge ; we allow'd the Tyrant Cromwell no less then a constant Revenue of 1900000 l. to support him in his Usurpation ; and yet That Sum ( beside all his other intolerable Squeezings ) at the years end , clear'd not the Account by far . Under the Rump a great deal more was yearly Collected out of the Bowels of the People , to maintain the Army ; and yet we could never be at quiet neither , but were perpetually embroyl'd in Wars either Abroad or at Home , by our active Spirits , some to feed their Ambition , others their Purses : And such a Spirit we read of , working in all Free-States , Ancient and Modern . What shall we say now of the Expences of the Late King , ( if examin'd by This Standard ) whose Revenue in Lands , Perquisites , and Customs , exceeded not 700000 l. a year ; and yet by the good management of that most Thristy and Temperate Prince , that petite Annuity furnish'd a glorious Court , a Noble Equipage for the Honour of the Nation , and paid off a considerable Fleet ; which never was much improved afterwards by all our vast Payments , when we were so unfortunate as to fall into Other hands . Nay and our present Charge is rather a Sport , then a Burthen , compared with Their Monthly Tax . TRUE it is , that while we live with Men , we shall be subject to That which is the Effect of their Nature , Sin ; nor is it possible to reap the more General Fruit of the best Establish'd Policy , unless we submit to some possible Inconveniences . But yet I defie your Friend , and all other Projectors of Commonwealths , to contrive greater Freedom for their Citizens , then is provided by Magna Charta , and The Petition of Right ; or shew that it is not much easier to Violate , then to Mend them ; for Thereby , our Lives , Liberties , and Estates are , under Monarchy , secur'd and establish'd ( I think ) as well as any thing , on this side Heaven , can be . It is no Soloecism to say , that the Subject has his Prerogative , as well as the King ; and sure I am , he is in as good condition to maintain it ; the Dependance being less on his side . Beside that no Prince ever attempted any Violation thereof , but that , at Long Run , he suffer'd in that point of his Prerogative that let in the Opportunity . Hence it is that the Rights of the People have grown stronger and stronger against the Prince , and sometimes have hurried his Person to be a Sacrifice ; always , his Instruments ; whereof few , in our History , can we read , that , contriving against the Law , have died in peace . If , possibly , One Prince , ( as King Harry ) by his High Spirit , swept all before him , yet his Infant Successor is forc'd to make amends for his Fathers Violations : So that Liberty ( we see ) is no less Sacred , then Majesty ; Noli me tangere being its Motto likewise : And in case of any , the least Infringement , ( as Escapes in Government may happen , even in the most perfect ) it is resented as if the Nation had received a Box on the Ear. If it be ( as they say ) the Glory of a Tree-State , to Exalt ; the Scandal of Tyranny , to Embase our Spirits ; doubtless the Establish'd Form is our Only Commonwealth ; for all that we got by the Change of it , was but the learning quietly to take the Bastinade . Nay , and at the very worst that can be imagin'd , it is much more Easie ( were it Lawful ) for us to dispute our Rights with a single P●ince , and his Trembling Agents ; then ( as it was our Case formerly ) with a Knot of Sovereigns that are backt with the Sword. WE are now again able to distinguish ( which we could never do under their Free-Estate , for all the fair Promises they made us ) the Legislative and the Ministerial Authority : For tho' both of them are Inherent in the King , yet are not both of them his own Peculiar and Personal Act. We know that the House of Commons has not the Power of a Court-Leet , to give an Oath , nor of a Justice of the Peace , to make a Mittimus : And this Distinction , doubtless , is the most Vital part of Freedom , and far more considerable to poor Subjects , then all these mens pretended Rotations ; as , on the contrary , the absolute Jumbling and Confounding of them , is an Accomplishment of Servitude , for which all Republiques , I fear , ( and our late one more especially ) have more to Answer , then any Limited Sovereign can have . And certain it is , that as our Prince , in his Personal Capacity , makes no Laws ; so neither does he , by himself , Execute or Interpret any : No Judge takes notice of his single Command , to justifie any Trespass ; no not so much as the breaking of a Hedg ; his Power is Circumscribed by his Justice ; he is ( equally with the meanest of his Subjects ) concern'd in that Honest Maxim ; We may do just so much , and no more , then we have Right to do . And it is tolerably enough said , He can do no wrong , because , if it be wrong , he does it not ; it is void in the Act , and punishable in his Agent . His Officers , as they are alike lyable , so perhaps they are more Obnoxious to Indictments and Suits , then any other ; by how much their Trespass seems to be of a Higher Nature , and gives greater Alarm : His Private Will cannot Countermand his Publique ; His Privy Seal still Buckles to his Great Seal , as being ( in a sense ) the Nations , as much as His ; His Order Supercedes no Process ; and His Displeasure threatens no man with an hours Imprisonment , after the Return of HabeasCorpus : An Under-Sheriff is more Terrible , a Constable more Sawcy , a Bailiff more Troublesom , then He : And yet by his Gentle Authority , by this Scabbard of Prerogative ( as some in derision have lewdly Term'd it ) which ( if it Would ) Could Scarce Oppress an Orphan ; Tumults are Curb'd Faction Moderated , Usurpation Forestall'd , Intervals prevented , Perpetuities Obviated , Equity Administer'd , Clemency Exalted , and the People made Happy to a degree even of Satiety and Wantonness . TO Conclude this Point : What shall I add more ? The Act enjoyning the Keepers of the Great Seal , under Pain of High Treason , to Summon a Triennial Parliament , of Course , by Virtue of the Act , without Further Warrant ; The Act forbidding the Privy-Councell to intermeddle with Meum & Tuum ; the Law abolishing the Star-Chamber , High-Commission , &c. Branding all Past , and Bridling all Future Enormities : The Statutes limiting the Kings Claims , and relieving his Tenants from Exaction of Forfeitures ; Beside many other principal Immunities , wherewith ( by the Especial Favour of God , and the Bounty of our Princes ) we are Blessed , far beyond any of our Neighbours : Above all , our Assurance ( by the Goodness and Clemency of our present Dread Sovereign ) readily to obtain such further Addition and Perfection of Liberty and Security , ( if any such there can be ) as may consist with Modesty and Liberty it self , to ask : Does not all this Proclaim aloud , that we are the Mirrour of Governments , Envy of Monarchies , and Shame of Common-wealths ; who cannot but blush to see themselves so Eclipsed and Silenc'd , in all their Pretences to Freedom ? And does it not more than justifie my Assertion , that with all the Ornaments of the Noblest Kingdom , we have likewise all the Enjoyments of a Free-Estate ? § . 6. AFTER all these solid Blessings and Advantages , which we Reap from the most Excellent of Governments , and of Princes ; the bare Fruition of the Tithe whereof , would be sufficient to transport the Best to pass of our Neighbour Nations into all the Cordial and Passionate Expressions of Joy and Gratitude imaginable : After all these Comforts ( I say ) a Body would think , there should scarce be found one single Murmuring and Disaffected Person in the whole Kingdom . And yet so hard is our Fate ; our Hearts infensible ; and so Ingenious are we in starting Fears and Jealousies ; that a great part of us deprive our selves of the Enjoyment of all our present Felicities , through a too Eager and Pensive Solicitation for Futurities . Nay so miserably Hood-wink'd is our Reason , that our Carefulness to avoid miscarryin● upon a Scilla , hurries us Violently into the other Extreme of splitting upon a Charybdis . Popery and Tyranny ( we cry ) are breaking in upon us like a Deluge ; the Presumptive Heir is of the Red-Letter Stamp : and therefore another Sect of our Pseudo-protestants , apprehending the Danger and the Impracticableness of a Commonwealth-Government here amongst us , do hope to mend the matter mightily , by propounding the setting up of a Single Person either of a Crack'd Title , or of a New Line ; upon the death of his present Majesty without Legitimate Issue : Whom God preserve . THERE is no man shall be more willing than my self to grant that the Popish Religion ( if it may deserve the Name ) is little better than a Compound of meer Secular Interest , Tyranny , Hypoc●●sie , Homicide , and Delusion ; and that the very principles of the Jesuits do inspirit and egg them on to the inflicting of all manner of Outragious Violences upon the Persons of those that enjoy a greater Light and Purity of the Gospel then themselves . But yet I must averr ( on the other hand ) that , since through the peculiar Mercy and Providence of God , and the Indefatigable Industry and Vigilance of Authority ; all their Machinations have hitherto been defeated , and their Conspiracies both against our Church and State rendred Abortive ; it will become us both as Men and Christians , to temper our Passions , and to rest satisfied with the singular Care and Concern , that the Government vouchsafes continually to express both for our present and future safety and preservation , in all Respects . Full well know , that nothing is of greater Concernment then the Security of that Religion , which by the Bloud of so many blessed and Glorious Martyrs has ( by Gods immediate blessing ) been so firmly Establish'd amongst us . But then we are to take special heed that we lend not too easie an Ear to such as cry up Religion , & design Faction ; that cry out Zeal for the Lord of Hosts , when they intend Self-Interest ; to keep up a party ; an Affected way ; or to be the Ipse dixit of a County : Religion has not at all prosper'd by undue practices to advance it . 'T is Meekness , Patience , Humility , and those Graces of the Spirit , that Convince and Convert ; when Rigidness , Censuring , and the Sword Exasperate and Harden . Has not Gods power , or truth , Evidence to secure it self ? Let but the Gospel have Free passage , and it will make its own stay : For all true Protestants do unanimously disown the Promotion of it by the Sword , as totally Unchristian ; and bequeath it to the Pope and the Turk . Was not , now , the maintenance of our Fundamental Laws the pretence of our late Quarrel ? Found we not the Spirit of the Nation rouz'd up , upon the sound of the Trumpet ? Popery , was it not decry'd , and Religion , Protestant Religion , judg'd to be in danger ? Were we not call'd out to the Battle upon the account of Zeal , with Curse ye Meroz ? And yet under our Free Estate , ( as they call'd it ) our Religion ( so much of it especially as could any way be term'd Protestant ) turn'd into Wantonness ; and our Divisions became so great , that we durst not exasperate , by advancing that Idol of the Presbyters , Discipline ; nor indeed could we , if we durst ; for the most active of our Statists , ( if they had any Religion at all ) 't was that of the Sectary , which they own'd as the main Supporter of their Model , whose Interest it was to give Licentiousness to all . As for Laws , those which we ador'd for Excellency and Antiquity , they were ( by them ) of necessity alter'd , in our Freedoms of Person and Estate , wherein true Liberty is principally concern'd : For when the House of Commons ( or rather the Rump of it ) engross'd the Soveraign Power , they both Imposed Taxes , and Levy'd them , by vertue of a trifling Ordinance , which could never be done before , but by an Act of Parliament , solemnly and regularly pass'd by the King and the Three Estates : And having of Tribunes of the people , ( as it were ) and their Bulwark against High Payments and Impressures , demanded by the King , advanc'd themselves into the degree of Princes ; they took upon them to assess and impress us at pleasure ; and we might complain as long as we would of the Reiterated Burthen ; but there was no remedy but Patience , because no Appeal left us , themselves being both Parties and Judges . I COULD heartily wish there were at present no more reason , to be apprehensive of Popery coming amongst us , then there was in those days : But yet , let his Royal Highness's Perswasion be what it will , this I'm sure of , that Dr. Oates has deposed upon Oath , that the Jesuits were so far from saying or acting , Indifferently , as to his Person , that in their Hellish Plot , they had mark'd him out also for Slaughter , with his most Royal , most Protestant Brother . Now the late Marquess of Argyle was wont to lay it down as a Principle in Policy , That it was the Character of a wise man not to let the World know what Religion he was of : But ( for my own part ) I cannot in Charity but hope the best of a Person , ( till I shall be convinc'd of the contrary , by more certain and positive Arguments , then any that I have yet been able to meet with ) that has been so Lectur'd and Tutor'd by our late Glorious Martyr , ( as well as by Experience ) into a Veneration for , and a Perseverance in that Pure , Reformed Religion , the Principles of which he suck'd in with his very Milk , and in Defence of which his ever Blessed Father laid down his most precious Life , upon a Scaffold . You may read his words thus ; I do require you , ( addressing to his present Majesty ) as your Father and your King , that you never suffer your Heart to receive the least Check against , or Dis-affection from the True Religion establish'd in the Church of England : I tell you I have try'd it , and after much Search , and many Disputes , have concluded it to be the best in the World , not only in the Community , as Christian , but also in the special Notion , as Reformed ; keeping the middle way between the Pomp of Superstitious Tyranny , and the Meanness of Phantastick Anarchy , &c. To this sence , spake he , when he had no more to speak . Nay , and so zealous , this way , was our English Solomon , ( the Duke's Grandfather ) King James , that rather then any of his Progeny should ever come to be tainted with the Errors and Idolatries of the Church of Rome , he made it his Prayer to Almighty God , that they might be taken out of the World first . AS to the apprehensions of Tyranny , I hope , by what I have already deliver'd in the Body of this Discourse , it is evident , that there is less ground to fear it , then many people might before imagine , for that it is next to an Impossibility to introduce it . And , upon probable grounds , I perswade my self , that should the Duke ever have the occasion offer'd , yet would he be wiser then to make tryal of the Experiment , knowing so well as he must needs do , that should the English Liberties be violated in the example but of any one single Person , the whole Nation would take it self to be concern'd upon that account , apprehend it self ready for the Fetters , and , thereby , what with Fear , what with Hate , such a Storm would be rais'd , as might shake the surest Foundations of the Government ; and so very much has Majesty already felt by the Fury of the People , that it will be chary ( doubtless ) of giving occasion to encounter it again . BUT 't is farther Objected ( it seems ) that there is a Vindictive and Implacable Spirit in the Case . Now this is most manifest ( indeed ) that there have been Provocations to the height ; but shall we therefore continue to provoke , because we have begun ? 'T is a Rule ( you know ) that he that does wrong , never forgives , but he that has wrong , may . The Interest of Revenge is passionate , but the Interest of Profit arises from a Passion that prevails more ; and he is very weak , that anteposes Rumour and vain Passion , when it stands in Competition with his Safety . To speak home , Interest rules the whole World ; and Princes ( as others ) design more the security of their own Greatness , then a petty Revenge that may hazard it : But for this search we the Experiences of past Ages . Henry the Great of France , was so far from punishing any of the holy League , that labour'd , by all means possible , to keep him from his Right , and to murther him , that ( on the contrary ) he imploy'd those very Persons that were his main Opposites , in his Armies , in his Offices , and in his Councels . And what shall we say of King James , who sent Messages , made Vows , menac'd Revenge , and all to prevent that fatal Stroke from falling upon his Mother , ( the Queen of Scots ) under Queen Eliz. but to no effect . Observe the Issue now ; Shortly Q. Eliz. dies , and those very Lords that acted personally in the Mothers Death , were the most forward to court the Son to the Crown , and he became establish'd with all Prerogatives incident to the English Scepter . What ? Acts he in the way of Revenge ? No ; he , like a wise Prince , feeling the Warmth of so Rich a Climate , is so passionate to confirm his own Greatness , that he not only forgets the Injury of his Mother , but manages his great Affairs by the hands of those very Persons that were Contrivers of it ; yet through Her Bloud did he derive his Title ! Nor do we read of one of these Nobles , or their Issue , that suffer'd Diminution , by any Resentment , upon that account . His wise Father also , that had been beaten into the knowledge of the English Spirit , writes thus : Let no Passion , ( my Son ) betray you to any study of Revenge upon Those whose Own Sin and Folly will sufficiently Punish theu , in due Time : Be confident that most of all Sides that have done Amiss , have done so , not out of Malice , but Mis-information , or Mis-apprehension of Things . None will be more Loyal to Me or You , then those Subjects , who , sensible of Their Errors , and Our Injuries , will feel , in their own Souls , most Vehement Motions to Repentance , and earnest Defires to make some Reparations for their former Desects , &c. The like said he at his Last Hour . But what do we Doubt or Distrust ? May we not have a Protestant Parliament upon all Exigencies ; and the disposal of Commands and Offices secure to us , for a Time , in case of His Majesties decease ? Have we not a Protestant Councel , a Protestant Militia , a Protestant Clergy , and a Protestant People ; what can we ( in reason ) desire more ? § . 7. AS to the Project of erecting a Cracht Title , or a Single Person of another Line ; ( over and above the Heinousness and Impiety of the Proposition , and to wave tedious Canvassings ) That must unquestionably be the most Desperate of all other Remedies , and infinitely worse then the Disease it self : For Thereby we should set on Foot a personal Quarrel ; and ( at the Long Run ) beyond measure Disgust the Spirits of this Generous People , in that they will then be Subjected to their Equal ; who , to retain his Usurpation , will be forc'd to repeat and accumulate those Violences , whereof we had most woful Experience under the Old Protector : Otherwise , he will soon be made the Object of our Contempt ; as was his Son , with his Easie and Gentle way of Acting ; and his Name be used only as a Cloak to cover the Avarice , and Exorbitances of a Ravenous Faction . Nor can This Project prevent a Relapse into our former Calamities ; because our Fears will ever be Great and Continual , and , consequently , our Charge proportionable . In a word , all the Evils and Miseries that were brought upon us by the Army , the Rump , and by all other Architects of our Slavery in the Late Times , will certainly be found Tolerable ; compared with the Probable , and Genuine Effects of such a Desperate and Unchristian Proceeding . § . 8. YOU will not expect from me , ( I 'm sure , Sir ) that I should so acquit my self of every Objection , as to leave all men satisfy'd ; especially such as carry a Byass of Preferment , Profit , or Faction ; Men that have in Design Exorbitances of Power , or Wealth , will hardly , with Arguments , be reclaimed : And some there are ( I know ) that have so long possess'd their Heads with strong Notions , that they are not capable to take in Reason , against them ; and thereupon , run on Frantique in Error , till there be a Rotation in their Brains : Such there are , that , with Confidence , so often have told a Lye , that , at length , themselves believe it to be a Truth : But we shall be too wise ( I 'm sure , should ever that day come ) to preferr the Interest or Wilfulness of a Few , to the Safety and Welfare of the Whole . I shall not deny , yet , that it is easier to demonstrate what may be Evil , then positively to assert what will be Good : but however , comparing Times with Things , ( as is above represented ) I doubt not to Evidence , that to keep where we are , and to be contented with our Lot , is a Course much rather to be embrac'd , as that which , in great Probability , may be Good ; then , by pushing at Incertainties , to pull down most lamentable Confusions and Desolations upon our own Heads , which certainly will be Evil I therefore ever was , and still am of opinion , that it is both our Interest and our Duty to embrace , with Open Arms , the ample , generous Offers of his most Gracious Majesty , in order to Provisions for our future Security , in point of Freedom and Religion : As for the Rest , let us but have our Good Old Laws duly put in Execution ; and then ( by Gods assistance ) we shall be in a Capacity to Defie the Pope , the Devil , and all their Works , come what will come . § 9. Thus , Sir , have I run through the several Heads that you were pleased to propound . I have , in the First place , given you my Reasons why I conceive the Project of Fixing a Free-Estate , ( as your Friend thinks fit to term it ) here amongst us , would be utterly Impracticable ; I have , in the next place , presented you with a Summary of those Mischiefs and Distractions , which were the Consequents of a Like Attempt , from 1640. to 1660. In the Third place , you find the Natural Bent and Inclination of the People to Monarchy , exclusively of any other Form of Regiment whatsoever , fully demonstrated ; the Royal Prerogative Anatomiz'd ; and an Account of those great Immunities , Blessings , and Priviledges which the English do at this day enjoy under the present Government Establish'd , both Ecclesiastical and Civil , peculiarly , and above any other People or Nation in the known World. The Fourth , rips up the Ground of our Fears and Jealousies of Popery and Arbitrary Power flowing in upon us , should the Duke of York ever come to Sway the English Scepter ; and furnishes Arguments for the moderating and lessening our Apprehensions as to the One , and for the proving the almost Impossibility of Effecting the Other , were there never so great a Will and Disposition that way . In the Fifth place , you have represented the Danger and Impiety , of Erecting a Crackt Title , or a Single Person of a New Line ; together with the probable Calamitous Effects that would inevitably ensue upon such an Attempt . And Lastly , I have presum'd to offer my own Expedient , in reference to the Security of our Religion and Freedoms , for the Present and for the Future . Upon the Whole Matter , if , by what I have written , I be so fortunate as to make your Friend a Convert , 't will be an Infinite Satisfaction to me ; because , thereby I may hope to save a Soul ; but , at the worst , I may say with the Text , that I shall hide a multitude of Sins . Now should I frame twenty Excuses to you for the Length , the Inequality , the Insufficiency , the Incoherence , the Freedom , the Extravagant Rovings and Impertinencies , the Unskilful Management , nay and for the Boldness and Presumption of this Discourse : But I have neither Will nor Leisure to Trifle at such a rate . I am conscious to my self ( no man more ) of my great want of Abilities requisite for an Undertaking of such Weight and Importance ; only I was resolv'd to let you see , that no Considerations whatsoever were of force ( with me ) to withstand the Authority of your Commands . I have unbosom'd my self to you , Sir , ( under the protection of a Private Letter ) with all the Frankness and Simplicity imaginable ; not doubting but you will make such use of it , as may not redound to the Disadvantage of , Sir , Your most Obedient Servant . Feb. 21. 1679 / 80. 
A47998	----	A letter from a gentleman in the city to one in the country concerning the bill for disabling the Duke of York to inherit the imperial crown of this realm Gentleman in the city. 1680 Approx. 41 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A47998 Wing L1390 ESTC R14744 12940138 ocm 12940138 95852 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47998) Transcribed from: (Early English Books Online ; image set 95852) Images scanned from microfilm: (Early English books, 1641-1700 ; 388:14) A letter from a gentleman in the city to one in the country concerning the bill for disabling the Duke of York to inherit the imperial crown of this realm Gentleman in the city. [2], 21 p. [s.n.], London : 1680. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Great Britain -- Kings and rulers -- Succession. 2007-01 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Mona Logarbo Sampled and proofread 2007-03 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER FROM A Gentleman in the CITY , TO One in the COVNTRY ; Concerning the BILL For Disabling the Duke of York To Inherit the Imperial Crown Of this REALM . LONDON , Printed in the Year , 1680. A Letter from a Gentleman in the City , to one in the Country . Sir , THE Nation being awakened out of that Lethargy , which for so many Years had bound up its Senses , and deprived it of all feeling and Perception ; begins at last to discern it's danger and to provide against the ruine and mischiefs which threaten it . Accordingly the House of Commons have not only declared , nemine contradicente , That the Duke of York's being a Papist , hath given the greatest countenance to the present Designs and Conspiracies of the Papists , against the King and Protestant Religion ; but have brought in a Bill , Disabling him to Inherit the Imperial Crown of this Realm . Now , Sir , this being the Affair I design to Write freely to you about , I presume in the very entrance to tell you , that they could do no less , without abandoning themselves , and the whole Kingdom , to Bondage and Popery . And all true English Men as well as Protestants , are so fully satisfied of the necessity and Justice of the course which they steer ; that they not only applaud and commend them in what they have undertaken , but are ready to stake their Lives and Fortunes towards the seeing it effected and accomplished . Sect. I. Nor , in the first place , can the Papists themselves Condemn us for taking these due ways and Methods to secure our Religion , and preserve our Lives and Properties ; seeing they are not only agreeable to the Measures , ( but much more modest ) which they have taken in Forreign Countries to preserve their own . Shall it be lawful for the French , to endeavour to preclude Henry the 4th . from enjoying the Crown of France , because he was a Protestant , and must it be unjust for the English to debar James Duke of York from attaining the Soveraignty over this Realm , that is a Papist ? Shall the Pope and Church of Rome cherish and justify a Bloody War , upon the alone foot of his being of a different Religion from what was received in that Nation ? And shall not we be allowed to use such legal means , as are consistent with and warranted by our Constitution , to hinder a Papist from ascending the Regal Throne of this Kingdom ? Shall it be lawful for those in the Communion of the Papal Church , to advise Phillip the 2d . of Spain to Murder his Son Charles , for speaking only favourably of his Fathers Subjects in the Netherlands , who were called Lutherans ? And shall not we have the liberty humbly to pray and desire our King , to desert a Brother who hath Plotted the Ruin of his Majesties Subjects , and for no other reason but because they are not Papists . And suppose it should be said ; that these methods were not only unjust , but Condemned by some of the very Roman Communion ; yet the desparity is so great between a Papists arriving at the Government over a Protestant Kingdom , and a Protestants being advanced to Reign over a Popish Countrey , that it will no ways follow from thence , that what the Parliament have undertaken , is in the least reprehensible . For no Protestant Prince will either enslave his Kingdom or Subjects to a Forreign Jurisdiction , nor call his People into question for their Religion , provided they be not influenced by the Principles of it , to disturb the Government , and disquiet the Civil Peace . So that Papists instead of receiving prejudice by having a Protestant Prince to rule over them , they become possest of many advantages as to safety , ease and immunities , which their being under a Popish King excludes them from . And therefore it is , that we find the Papists do no where so fully enjoy the Right and Liberties of mankind , as in some Protestant Nations , where they have had the Wit and Sobriety , not to molest their fellow Subjects , or Conspire against the Government under which they live . So far as their Religion is found to have an Influence only up-a future Life , and meerly to endanger their own happiness ; they are pitied instead of being Capitally Prosecuted , and the worst they are made to suffer , is now and then to be rationally accosted by their Neighbours , and addressed unto by arguments , which may conduce to rectify and instruct their Judgments . Whereas through the having a Popish Prince Succeed over a Protestant People , they become immediately subjected to the severest Punishments , and that upon the alone score of their Christian Profession . It is not only lawful for such a Prince to destroy those of his Subjects , who disagree from him in Faith and worship , but it is an indispensable Duty upon him to do it . Nor is he only sure of a Pardon upon the accomplishing so Blessed a work , but the merit of the Atchievement entitles him to unspeakable Happiness and a Glorious Crown . Sect. 2. And this conducts me to the 2d . thing , namely that no Papist ever since the Reformation succeeded to Supream Authority over a Protestant Country , but he both endeavoured to overthrow the Religion which he found Established , and pursued his Subjects with the most outragious Cruelties . Nor hath the Loyalty of their People been able to appease or obstruct their indignation , but they have been treated as the worst of Criminals , because they would not renounce the Faith which they had embrac'd . This is so certain and beyond all control as to matter of Fact , that there is not one instance upon the whole file of History to the contrary . Wheresoever any of the Popish Belief , have attained the Soveraignty over a Protestant Nation ; whether they were Crowned Heads or Princes of a more Inferior Rank , they have Universally applyed themselves to Subvert the Protestant Religion , which they found legally setled , and to destroy those innocent and generous Souls which had the courage to own it . And if Sweedland , Hungary , Bohemia , and several Principalities in Germany , do not suffice to confirm the truth of this Assertion ; England can produce Queen Mary in the proof , and for the attestation of it . And as I challenge any man to assign so much as one opposite Example , so it is not to be expressed what Cruelties they have used towards the accomplishing their Design of rooting out Protestancy , and re-establishing Popery . Not only Laws have been trampled upon , but Cities and Kingdoms made swim with Blood , in order to the extirpating the Faith of the Gospel and destroying those who profest it . And therefore let me say , that the portion and Lot which hath befallen other Nations , through their folly in admitting persons of a Papal Stamp to Succeed over them , should instruct England to prevent and obviate his ascent to the Throne , from whom we may justly expect to undergo the same mischiefs . Sect. 3. For thirdly , no Antecedent Promises made by Popish Princes on their Assumption to Rule over Protestant Countries , have been any security to those who relyed on them , or any confinement to such as made them . The Examples of the violation of all Faith are as numerous , as the Persons who have been admitted to Sovereignty upon such Stipulations . Every own knoweth that it was the Emperor's Transgressing against the promises which he had made to the Bohemian's concerning the liberty of their Religion , which occasioned that long bloody and fatal War. And as thereby all Europe came less or more to be concerned and entangled ; So by the ill conduct of some , and Treachery of others , the Protestant Religion , after the shedding of an Ocean of Blood , is at last extirpated that Kingdom . Yea the present differences in Hungary between the Emperour and that People , are wholly to be resolved into a departure from the Promises which Ferdinando made to them for their preservation in the enjoyment of their Religion , when in Anno 1618. he was chosen to be their King. And notwithstanding the Hungarians have been at all times ready to submit to his Imperial Majesty , providing their Religion and Legal Rights might according to the first Contracts and Stipulations be secured unto them ; yet in the midst of all his necessities he hath chosen rather to venture the ruine both of the Empire and his own Hereditary Countries by the French , than fulfil the Promise of his Ancestors or comply with so just Requests . Which plainly shews us that it must be a strange implacableness which Papists bear to our Religion , that neither regard to Covenants nor interest of State can induce them to moderation towards such as profess and maintain it : But what need we to consult Forreign Examples , seeing our own Queen Mary affords us a remarkable instance as to breach of Faith in this matter . Who as she was the only Papist who hath weilded the English Scepter since the Reformation , so she hath left us abundant warning how we admit others of that Impression and Stamp to ascend the Throne , be their Promises before hand what they will. For neither the finding the Protestant Religion legally established , nor the having pledged her own Faith for the Preservation of it according to the Establishment , were of any significancy to keep out Popery , or to secure Protestants from Fire and Faggot , when once she was possessed of the Crown . Sect 4. And therefore fourthly , Some Neighbouring Nations Professing the Protestant Religion , having found that by submitting to suffer a Papist to Reign over them , they had betrayed themselves to lose all that was dear unto them ; took not only care to relieve themselves from the Violence and Treacherous Attempts of their Regnant Papish King ; but made Provision to debar all of Roman Principles , from being capable for the future of pretending to the Throne . The case in brief stood thus , Sigismond the Sweed who had been before chosen King of Poland , was as next Heir to the Deceased King of Sweedland admitted to the Throne of that Kingdom , but upon previous conditions that he should not infringe their Liberty as to Religion , nor introduce Popery which they had Banished out of their Dominion . Now this Prince having contrary to all Stipulations endeavoured both to overthrow their Religion , and to break in upon their Civil Rights ; The Sweeds like a generous People that would expose themselves to all hazards rather than give up their legal Rights , and Sacrifice their Consciences to the Will and Lust of their Prince , commenced a War against him under the Conduct of his Uncle Charles , whom they chose to be their Protector . In which War being at last Conquerours , they not only Deposed him , but made a Law that no Papist should at any time after be trusted with the Scepter . And how conduceable that Law hath been to their Preservation , all the World hath observed upon Queen Christina's resigning the Kingdom , having entertained a purpose of Renouncing her Religion . For as she knew that she could not declare her self a Papist , and at the same time remain their Queen ; so they had too sadly experienced what it was to have Popery and Soveraignty meet in one Person , to suffer her to continue their Soveraign if she once abjured their Religion . Now I would gladly be informed , why the Parliament of England may not as well exclude a Papist from all capacity of mounting the Throne , to destroy this Nation and the Resormed Religion here , as the States and People of Sweedland have done there . Surely it is much better to be instructed by the Prudence of others after the foretast of manifold mischiefs which they had undergone , than when we have made our selves through folly and Credulity Subjects and Examples of misery , to think to provide for our own safety and Interest , and these of our Posterity by the hopes of an aftergaim . Sect. 5. Fifthly supposing it were possible at an other juncture ▪ to preserve our Religion under a Popi●h Prince , and that therefore it were not altogether unreasonable to admit one ; yet at this Season when the whole Papal Party in Europe have Conspired to extirpate Protestancy in all the Schem's and Branches of it , it were no less than madness to think we could secure our Religion , were the Soveraign Authority over these Nations once lodged in a Papal hand . He must be very ignorant in the present State of things , who doth not know that there is a Design laid and carried on for the enslaving all Europe again to the Tripple Crown . And he must be also a very great stranger in the Affair's of the World , that doth not understand how far this Projection hath already succeeded , and that there is very little wanting to the full accomplishing of it . I am sure separate but once England from a hearty espousal of the Protestant Interest , and it must necessarily sink and , without a Miracle , be supplanted in all other places . And as we cannot imagine that should we have a Popish Prince in England , he would prevent the ruine of a Religion elsewhere which himself hath renounced ; so we can as little think that he would support a Religion at home , that is both opposite to his own , and which had lost it's footing every where else . So that as matters stand , we should by admitting a Popish Prince to Succeed his Majesty , not only lose the Protestant Religion from our selves and our posterity , but through abandoning of that profession abroad , we should be a means of making all the World Vassals again to the Romish Yoke . And hence it is that the Eyes and Hopes of all protestants are upon the present parliament , and from the Councels of this great Assembly , they are ready to date their Happiness or Misery . How much they judge their whole interest and concernments to be wrapt up in our Consultations and Resolves , is evident from this , that since the meeting of this Assembly , they have in several Protestant Countries and Provinces abroad , observed Selemn days of Fasting and Prayer , to beg a blessing from the Lord upon it , and that there may be a happy correspondence between the King and his Parliament . Sect. 6. Sixthly , should it be allowed as a thing ( at least ) credible , that there are some persons in the Papal Communion , who should they ascend the English Throne , we might nevertheless deposite with them and consign into their hands the preserving of our Laws and the Protestant Religion ; yet we have little Reafon to believe James Duke of York to be a person of that temper and moderation , that we ought in a matter of this consequence and importance to rely upon him . For though I could venture far upon the Moral Principles and good Nature of such a one as Maximilian was ; yet I would be loth to abandon my life , fortune , and the liberty of my Worshipping God to such as Charles the Ninth of France , or Philip the Second of Spain were . And if I mistake not , the experience we have had of the Duke of York while only in a remote prospect of the Crown , may perfectly instruct us what we are to expect from him were he once possest of it , and vested with the Purple Robe . He that while subject to the Law hath so industrioufly pursued the subversion of Protestancy , which is established and fenced by it ; what would he not do ? were he once so stated , as that according to a fundamental Maxim of our Law , he could do no wrong . If you take a view of his private Friends , during his being in the rank of a Subject , you may eafily guess what his publick Ministers would be , were he once arrived to the Quality of a King. There are few men of any Observation about the Town , but they have taken notice that both his Court at St. James's , and his Train in the Park used mostly to cousist of those who had formerly washen their hands in the blood of Protestants , or who are the genuine Off-spring of those that did . And how far we have reason to suppose he would be from overthrowing our Religion , and trampling upon our Laws , were his Temples once encircled with our Imperial Crown , we may in some degree learn from the arbitrary Counsels which he hath been observed to give , and the Plots against our Religion which he hath influenced , and ( to speak modestly ) hath given countenance unto . Sect. 7. Seventhly , The Nation hath already so much provok'd him , that it will not be hereafter safe to advance him to a condition , and trust him with a power , whereby he may be enabled to revenge himself . The very endeavours of this Parliament , and the last , to disable him from inheriting the Imperial Crown , will be judged expiable by no less than the blood of those worthy Patriots who acquitted themselves so well in those two Houses . And therefore as they have engaged themselves beyond any possibility of a safe retreat , it were a base thing in those whom they represent , and whose welfare in all this they have been consulting , to abandon them to the revenge of an enraged and implacable Prince . It had argued great simplicity to have trusted him with the Government at any time since we had the first opportunity to know him , seeing a secret aversation for the English People hath betrayed it self in his whole carriage ever since his Majesties Return : but we should proclaim our selves perfectly frantick , after we have expressed our Resentments for his ill behaviour towards our Laws and Religion , and thereby have more exasperated him , if we should trust our lives , fortunes , and consciences under his power , and leave them to his mercy and discretion If a gracious King , who could both command him and and call him to an account , hath hardly been able from time to time to restrain his fury , what can be able to bridle him wh●n he hath all under his power , and hath no man to controll him . Besides , how many English Protestants must be offered up , to attone for the deaths of the late Tyburn Martyrs ? The blood of thousands will be accounted too little , to appease the angry Ghosts of those who have suffered by reason of this meritorious Plot. Sect. 8. Eighthly , It were ridiculous to entertain any thoughts of discouraging the Papists from prosecuting their Conspiracies , while we leave them any hopes or expectations of the Duke's succeeding to the Government . For as so many of all qualities and conditions would never have embarkt in designs so hazardous to themselves and their posterity , unless they had been encouraged and supported by the hopes of the Duke's being the presumptive Heir ; so they will never desist from pursuing the Plot wherein they are engaged for the enslaving of England , and the final subjugating the Norrhern Heresie , while there is any probability left them of his coming to the Throne . So long as they enjoy the least hope that it is possible for the Duke of York to succeed unto his Majesty , instead of being disheartned from following their trayterous undertakings , they will be animated to accelerate their Villanies , especially that of destroying the King. You may find that through the interruption of this affair , during the late interval between this and the last Parliament , how that instead of being dismaid by the detection of their Crimes , they have been enflam'd to carry on their Plots with more Zeal and Vigour than ever . Moreover as the disabling the Duke to Inherit the Imperial Crown of this Realm , is the only rational medium to hinder the continuation and pursuit of the Plot , so it will be the most effectual inducement to prevail with Persons to come in and make a further detection of it . For can we reasonably conceive that they who have cooperate in it , should venture by discovering to save us ; when they must needs know that their reward may in a short time , amount to their being hanged themselves for their Service , 'T is indeed a wonder , that in the prospect of Death , and Torment which such persons must necessarily foresee themselves adjudged unto , should a Papist once mount the Throne , how so many have already exposed themselves to lay open this Conspiracy against our Religion and Government . Whereas were the Duke made once uncapable of arriving at the Soveraignty over this Nation , there are many more who seeing themselves put into a condition of safety for the future as well as for the present , would undoubtedly without the prospect of any reward , offer themselves to be Instruments of further detecting , and thereby disappointing this whole Hellish Conspiracy . Sect. 9. Ninthly , There is nothing in this Bill of Exclusion , but what is consonant unto , and justified by that which is the Supream and Ultimate end of all Government , For no Government was either designed by God , or ever erected by Men , but in order to self-preservation . All Humane Laws whether they relate to the kinds of Government , or the ways in which persons shall Succeed unto it , they suppose an Antecedent Right in Men of protecting their Lives and Liberties , and preserving to themselves a freedom of judging how they ought to serve and worship their Creator and Maker ; and the design of all Humane Laws is to secure those Antecedent and Natural Rights . No persons ever Congregated or Coalesc'd into Societies , but with an intent to live more safely and better , than if they should continue separated and alone . Nor did ever any condescend on this or that mode and form of Government , but with a prospect and upon a supposal , that the Priviledges , Rights and Liberties of Men should be preserved unto them . And therefore as all Government is founded in Trust and setled in such a person or limitted to such a Family , for the safety and advantage of the people as well as of the Ruler ; so there can be supposed no primitive Agreements in reference to such and such links of Succession , where the ruine of the people is unavoidable without a break in the Chain . If an Ideot may be justly put by from Succeeding in the Royal line , because he is uncapable of understanding the interest of his people , or protecting them in their Rights ; much more may one who hath designed and resolved to destroy them , and overthrow every thing for which Kingship was both erected and submitted unto ; be debarred all Plea and Title to inherit . For to what purpose serve Laws betwixt King and People , but to instruct us not only concerning the Fealty and Obedience which we are to pay to our Prince , but what we may claim and expect from him that is to be advanced to that Grandure and Dignity , Yea were there any Laws for the Establishment of a Mortal Enemy over us , on this alone supposal that he were of next affinity to the foregoing and lawful Prince , such Laws were revocable and ought to be repealed as inconsistent with the safety and happiness of Subjects . For though our Ancestors might restrain and limit us in the usage of those things which we derive from them ; yet they could not restrain and limit us in such things which we have a right unto by the Law of Nature . That is ( and blessed be God they never attempted it ) they could not deprive us of , nor abdicate from us , a right to protect and defend our selves from our declared Adversary . So that if the people of England be but acknowledged to have a right to preserve their Lives , maintain their Proprieties , or secure their Religion ; it is lawful for them to disable the Duke of York to Inherit the Imperial Crown of this Realm , as having already not only rendred himself unsafe to the Nation in all these , but Proclamed by his Actions that he is an open Enemy to every one of them . Sect. 10. Tenthly ; It is remarkable that there was never a conveyance of the Crown of England to any person , but upon the tacite concurrance and with the virtual or implicite consent of the people . And indeed though a people may be made Slaves without their Consent , yet it is impossible that they should be free Subjects but with it . And therefore anciently before any King of England was actually Crowned , the people , being first acquainted with the day appointed for that Solemnity , were three several times publickly ask'd , whether they would have such a person to Rule over them . And till the consent of the people was thus obtained and declared , they who held in Fee of the King together with the Nobility , were not obliged , neither were they called to do Homage to him . And though these kind of Tenures be since abolished by Act of Parliament , yet it plainly shews that heretofore the Nation had a great interest in recognizing the Right of their King. Now the people of England are no where so Universally present , as when Represented in Parliament by those whom they have chosen and delegated to act in their Places and Names , as well as for their interests . And therefore what is the Language of the House of Commons , 1s the unanimous Voice of all the People of England . Yea were the several Individuals of the Nation to be demanded their Opinion , they would harmoniously resound the Vote of that House , namely that they will not have James Duke of York to Reign over them , Sect. 11. Eleventhly , The Parliament of England have from time to time so disposed of the Crown of this R●alm , as both to settle and limite the Succession in referrence to the English Throne . It was a Parliament that Deposed Richard the 2d , and chose Henry the 4th . to Reign in his stead . It was a Parliament which limitted the Crown to Henry the 6th . only for his Life with an exclusion of his Posterity from all Title to it , and setled the Succession upon Richard Duke of York . And it is observable that they who afterwards took part with the said Henry the 6th . and fought by his Authority , as well as under his Banner at the Battel of Wakefield , where Richard Duke of York was killed ; were in the 1st . of Edward the 4th . attainted of Treason because they fought against and slew a person who was by Act of Parliament declared Heir after Henry to the Crown . It was a Parliament who chose and advanced Richard the 3d ; though Edward the 4th had not only left behind him a Brothers Son whose Title was Prior to Richards , but two Sons of his own . It was the Parliament that entailed the Crown in Henry the 4ths time ; and setled the Inheritance of the Realms of England and France , &c. Upon his Sons by Name , and upon all of them successively , in case He or They upon whom the settlement was first made , should die without Heirs ? Yea our Parliaments during the Reign of Henry the 8th . made a threesold Settlement and Entail of the Crown , and that with such various Limitations and Provisions , as they thought the interest of the Kingdom conducted them unto . These three Entails were made and enacted the 25th of Henry the 8th the 28th of Henry the 8th . and the 35th of Henry the 8th . But to omit more Instances , it was the Parliament that having by Statute Recognised Queen Elizabeths Title to the Crown in the first Year of her Reign , afterwards Entailed it upon her and the Heirs of her Body in case she should come to have any , in the 13 of her Raign . Now it is very remarkable that in diverse of these Entailes and Settlements , our Parliaments proceeded without any regard to Legitimacy , their sole will and pleasure , under the Influence which the interest of the Kingdom had upon them , being both the best motive into which we can resolve diverse of those Settlements , and the only Standard according to which we must account for the Limitations contained in some of those Entails . And can we be so silly as to believe that the most Magnanimous and Victorious Princes that ever Reigned over this Nation , would have suffered Parliaments to interpose about the Succession and meddle in the disposal of it , if it had not appertained unto them by the constitution of the Kingdom and the ancient Usages thereof . Surely bequeathment of the Inheritance of the Crown by the Regnant Prince , would have better become the Prerogative of our Kings , if they had not believed that it belonged to the Parliament in conjunction and Cooperation with their Kings to dispose and to settle that matter . Sect. 12. Twelfthly , Nor hath the supreme Court of Parliament in their interposure about the disposal of the Crown of this Realm , confined themselves to nearness and proximity of Blood , as if it had been to descend without interruption , or be conveyed to the next in the Royal Line . And therefore whosoever consults our Laws and Histories , they will find that our Parliaments in their choice and designation of Princes to ascend the Throne , have often diverted from the next of Kin , and regulated themselves in their Election and Appointments by the alone Measures of Publick Good , and the safety and happiness of the Kingdom . And to begin with William the Conquerour , that Norman Prince had no right but from the Peoples Election of him . For whereas he pretended to derive a Title to the Crown of England , from the Will and Testament of Edward the Confessor , that very Edward had no hereditary right himself . However by the peoples advancing William the Norman to the Throne of this Realm , Edgar Etheling the nearest Prince to the Crown , if respect had been shewn to Blood , was excluded and shut out . And no sooner was William the Conquerour dead , but William Rufus was preferred before Robert , who being his eldest Brother would otherwise have had the better right . Yea upon the decease of Rufus , Robert was again put by ( though upon an Agreement between them two he had been promised the Crown in Reversion after him ) and Henry the First was advanced in his room . And if we proceed a little farther , we shall find that King John was advanced before his eldest Brothers Son , who must needs have had the best right , if nearness of Blood had obtained and taken place . And to pass by other Examples , it is easie to determine whether any regard was had to the next of Kin , when Richard the Third was preferred before the two Sons of Edward the Fourth . Sect. 13. Lastly , The Bill depending before the Parliament about disabling the Duke of York to inherit the Imperial Crown of England , is not introductive of a new Law , but corroborative and explanatory of those which we have already . And indeed all the Laws which we are provided of against Popery , are not only weak fenses to withstand the irruption of it ; but in themselves null and void , unless we admit that there is this intended in them , that no Popish Prince shall ever be allowed to Reign in England . And this being of some consequence to be known , I shall therefore insist somewhat the more largely upon it . Every one knows that there is a vast difference between a persons right to an Estate , and persons remote Title only to Govern. For an Estate is a mans Property , whereas the advancing one to Rule over a Nation , is but the recognizing of a Right originally inclusive of a Trust . And therefore if our Laws have made Papists to forfeit their Estates , or any part of them , for meer Recusancy : We may very rationally suppose that they intended that every Popish Recusant should forfeit and be incapable of all Regal Authority , seeing that is but a Trust limited to such a Family , in order to the preserving us in our due Rights . Now that our Laws have made Papists liable to forfeit all their Goods and two Thirds of their real Estates , notwithstanding all Title either by Birthright or Purchase which they may have in them , is evident and beyond all contradiction to whosoever reads the Statute of the 29. of Eliz. cap. 6. and the Statute of the 3. of James , cap. 4. Besides our Laws provide that no Recusant Convict shall be a publick Officer , or shall exercise any publick Office or Charge in the Commonwealth , but that every Recusant shall be utterly disabled to exercise the same by himself or by his Deputy . Sat. 3. of Jam. cap. 4. Yea that they shall be disabled in Law to receive , take , or have any Office , Ministry , or Service in this Realm . Stat. 1. of Eliz. cap. 1. And can it after all this be thought , that they who Enacted those Laws , intended that it should be lawful for a Popish Prince to ascend the Throne , and be trusted with the exercise of Soveraign Rule over us ? Moreover our Laws have ordained and declared , That every Papist who is convicted , shall be disabled to be an Executor , Administrator , or to have the Custody of any Child , as Guardian , and that if any Wards be granted to such , they shall be utterly void , and of none effect . Stat. 3. of James cap. 4. And can we then suppose , that they who enacted that Law , ever thought , or intended that a Papist should be capable of having the Guardianship of the whole Nation . Our Parliaments have provided both by a Statute of the 13. Eliz. cap. 2. and by one of the 23. of Eliz , cap. 1. and by another of the 3. of James cap. 4. That it shall be Treason to be reconciled to the Church of Rome . Now as those Laws are wholly insignificant , as to ends for which they were made , if a Papist be left still capable of inheriting the Crown ; so I cannot therefore but think , that they do in effect exclude all such who suffer themselves to be seduced to Popery , and who thereupon are brought to acknowledge a forraign Jurisdiction , from all Right , Claim and Title to the Throne of this Realm . I● is also provided by a Statute of the 5. of Eliz. cap. 1. That it shall be Treason , by Deed , or Act , &c. to hold , or stand with , extoll , maintain , or defend the Authority , Jurisdiction , or Power of the Bishop of Rome , or his See. Now what doth this Law amount unto , or of what use is it to the preserving the established Religion ? If he that both doth all this , and also glories in it , be held still capable of mounting the Throne . Again the Statute of the 3d of James which appointeth and injoyneth the Oath of Allegience , doth in reality and in the drift and Scope of it , debar a Papist from being admitted to Reign in England . For as the Design of that Oath was to extirpate Popery , so that is impossible to be compassed , should we be liable to admit a Popish Successor . Nor can there be any thing more silly and ridiculous to be required of us , than that we should swear Allegiance to a Papist in opposition to Popery . And not to pursue this point any further , the Statute of the 1 of Eliz. Concerning the Oath of Supremacy , can no ways be adiusted to Principles of Reason and Wisdom , if notwithstanding any thing contained in that Law , a Popish Recusant remains in a condition to inherit the Imperial Crown of this Realm , In a word that and all other Statutes made against Popery , serve only to reduce us into a worse condition than ever we were , if this do not run thorough and enliven them with sense as well as vertue , namely that no Papist can have right , or is ever to be suffered to Reign over this Nation . SIR , You see with what Freedom , I have represened my thoughts unto you in relation to the Bill for Disabling James Duke of YORK , to Inherit the imperial Crown of this Realm . And indeed it is a Bill of vast importance , not only to our selves and posterity , but to all of other Nations who have forsaken the Fellowship of the Papal Church . I could have not only enlarged upon the several heads , but have reasoned from more Topicks : But I think there is enough already said for one Letter , and shall therefore reserve the rest , till I receive your Advice whether it be necessary to say any more , or whether you dare trust the farther manage of it in so weak and mean a Hand . And shall only add that our Church-Men are like to be strangly entangled , should the Bill once pass into an Act. For if they omit to Pray for the Illustrious Prince James Duke of York , they will be thought to offend against the Obligations they are under of reading the whole Liturgy ; and should they continue to pray for him in the wonted form , they may perhaps not only meet with some affront from the angry and incenced Multitude , but be judged by wiser Heads , to bespeak a publick Calamity at the hands of God , and entreat him to inflict the worst of Judgments upon the Nation . I am . Sir , Your most affectionate and willing Servant . Lond. Nov. 8. 1678. FINIS . 
A48078	----	A Letter from Scotland written occasionally upon the speech made by a noble peer of this realm by a better Protestant than the author of it (though a servant to His R.H). Roscommon, Wentworth Dillon, Earl of, 1633?-1685. 1681 Approx. 9 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A48078 Wing L1504_CANCELLED Wing R1931B ESTC R36334 ESTC R36334 15666550 ocm 15666550 104307 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A48078) Transcribed from: (Early English Books Online ; image set 104307) Images scanned from microfilm: (Early English books, 1641-1700 ; 1152:11) A Letter from Scotland written occasionally upon the speech made by a noble peer of this realm by a better Protestant than the author of it (though a servant to His R.H). Roscommon, Wentworth Dillon, Earl of, 1633?-1685. 1 sheet (2 p.) s.n., [London : 1681?] Caption title. Imprint suggested by Wing. Imperfect: print show-through. This item appears as Wing L1504. In Wing (2nd ed.) this number is cancelled and reassigned as Wing R1931B. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Charles II, 1660-1685. Great Britain -- Kings and rulers -- Succession. Great Britain -- Politics and government -- 1660-1688. 2003-02 TCP Assigned for keying and markup 2003-03 SPi Global Keyed and coded from ProQuest page images 2003-04 Mona Logarbo Sampled and proofread 2003-04 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion A LETTER from Scotland : Written Occasionally upon the SPEECH made by a Noble Peer of this Realm . By a better Protestant than the Author of it , ( though a Servant to His R. H. ) I Have heard much of the sad state and condition we are in , and I am convinced of it , since I see such Reflections made with impunity upon the Kings Person and Government . I shall say little to the President of our Henry the IV , unbridled Violence , and mean Condescensions , are the unhappy necessities of an Usurper ; but a good and a lawful King is obliged to maintain His Own Prerogative , as well as the Rights of His Subjects . But is it possible , that the supposed Author of the Printed Speech , should already forget , how lately the King ( after a great Retrenchment of His Family ) did at once , and ( as it is said ) by his Lordships advice , change almost His whole Council ? and yet the People ( or those that still make use of their Names ) never were , nor will yet be satisfied . I will not put his Lordship in mind of the Court Ladies , since he doth not remember he spoke of them : But unless he make himself a Samuel , I do not know what authority he has to examine Saul , about the bleating of the Cattel ? I cannot believe his Lordship could have the heart , to sacrifice the fairest of them ; his Lordship may read in the same place , that Obedience is better than Sacrifice ; but if a Sacrifice must be made , It is not to the People , but to God and Iustice. I would fain understand what is meant by the People ? For now every man calls himself the People ▪ and when one man calls for one Thing , and another for Something , directly opposite , both cry out , that if This , or That be not done , the People is betray'd ; that is to say , they will endeavour to perswade them so . But the People in this Speech , hath a strange Dialect , such as I hope no Englishman understands ; Must , was never the language of a good Subject , nor Submission the part of a King ; ( We must , &c. and no new Converts , ) I am sorry , that with all our Zeal , we are so unkind to Proselytes , we had a greater value for them not long since ; for though L. B. was accused of the Plot , his Conversion secured him without a Pardon , though either his Lordship was deeply guilty , or the Kings Evidence grosly perjured . Till the Author discover who he means by Sempronia , I shall not tell him who I believe to be as bad as Catiline . But it is prodigious , that while we are frighted with Bug-bears of invisible Dispensations from the Pope , his Lordship with his Arbitrary Must , should dispence at once , with the Law of God , as to the Queen ; with the Law of Nations , as to Foreign Ministers ; with the Laws of Hospitality , as to Strangers , and all that part of the Oath of Allegiance , that concerns the Heir of the Crown , which is equally binding with the rest , to all whose suspected honesty cannot accept of such an Arbitrary Dispensation . His Lordship seems much concerned to hear of a Bargain between the King and the House of Commons ; and so am I , for things are too ripe for mischief , when Subjects are permitted to capitulate with their Soveraign . The Kings Subjects ( by His permission ) have made Capitulations with Foreign Princes ; but his Lordship would not have the King so far trusted , as that His own Subjects may Capitulate with him , because as his Lordship says , he has so often deceived ( that hard word ) the People . And I beg leave to use the same expression of His Majesties patience , which his Lordship uses of his little care of his Person , That no Story affords a parallel of him . The actings of the Duke are indeed admirable to all , but incomprehensible to such as have not the true Principles of Loyalty rooted in them . But his Lordship ( who in Cromwell's time was much better acquainted with what pass'd at London , then at Bruxels ) avers , That the Duke had an early aim at the Crown , before the Kings Restauration ; this is a high Charge , and ought to be better proved than by a bare assertion : Hath his Lordship any Letters to produce from His Royal Highness to Himself , or any other chief Minister of the Vsurpers ? or to what Crown could the Duke pretend , when they had robbed the King of His own ? The Duke can shew undeniable proofs of his Allegiance , even in those days ; For what could an exiled Prince do more , than leave the great Commands , and Pensions that he had abroad , and all the advantages that his Birth , his Courage and his Reputation promised him , to follow the Fortune , and the Wants of His Majesty ? But how will his Lordship make out , that after the Match with a Portugal Lady , ( for that is the only Title his Lordship allows the Queen ) the Duke and his Party made Proclamation to the World , that We were like to have no Children , and he must be the Certain Heir : where is the World ? and where is the Proclamation ? He says the Duke took his Seat in Parliament , as Prince of Wales ; but his Lordship knows , that the Seat on the Right Hand of the State , was , and is reserved for the Prince of Wales , the Duke took that on the Left Hand ; the Printed Pictures of the House of Peers , sitting upon the Tryal of the Earl of Strafford , shew , that this is no Innovation ; and His Royal Highness had the same Seat , when the King his Father called the Parliament at Oxford . He urges , that the Duke had his Guards about him , upon the same Floor with the King , and so the King was every Night in his Power : It was a timerous ambition that lost so many opportunities . But what an Impudence is this ? The Duke never had Guards ; they are the Kings , the King pays them , they wait in their turn upon the King , and have but the Name of the Duke , as the Foot-Regiments have of Colonel Russel , and my Lord Craven ; so the Duke was every Night in the Kings Power . Next he fires his greatest Guns , The Duke is plainly the Head of the Plot ; By whose evidence ? Long before the Duke was named , Mr. Oates declared to the Lords , that he had no more to accuse ; if he accuse him now , and Oates be divided against Oates , how can his Testimony stand good ? Bedloe said as much ; and here appears no Evidence , where the greatest would be little enough I say nothing of a Presbyterian Plot ; but ( with his Lordships leave ) what has been , may be . The Calling , the Proroguing , and the Dissolving of Parliaments , are so absolutely in the King , that they ought to be Riddles to a Subject . When the Duke was Commanded to leave the Kingdom , I appeal to all the World , how readily , how Submissively he obeyed ; and comparing his immediate Obedience , with the obstinate Refusal of others , who still stay in opposition to the Kings Command , let any Impartial man of Sense decide , which has shewed most Loyalty and Duty . His Lordship and his Party ( for he says , We ) expect every hour , that the Court should joyn with the Duke , against them ; But I find , the Court is as hard a Word , as the People , and as boldly , and as odly used ; If by that Word , he means the King , all his Lordships Rhetorick will scarce perswade us , that the King should Conspire with the Duke , against His own Crown , and His own Life ; If not , what can the Court do without the King , and against the Nation ? Besides , his Lordship has too many Friends among the Courtiers , to suspect them ; and the Duke has met with too much Ingratitude , to trust them . His Lordship avers as truly ▪ that the King has declared the Duke to be Dangerous ; as , That His Royal Highness is now raising men in Scotland , that whole Council , that whole Kingdom , will disprove Him ; And by the apparent falshood of his Assertion , let all men judge of the Truth of the rest . If the Arms , the Garrisons , &c. be in such hands as the King thinks safe , We are safe too ; But if not , it concerns His Mujesty to secure them , since his Lordship declares , the King is to be trusted with nothing , till he has Resigned himself Himself to his Lordship , and his Party , and is wholly theirs ; and yet then too , He must trust their good Nature , and Surrender upon Discretion ; They will allow Him no other Terms , no , not to be Himself , and have His Senses , unless they can fright Him out of them . I will yet charitably hope , that the pretended Author is abused ; It concerns him to vindicate himself , by wishing , as I do , That the true Author may have the same Fate , that his Speech had , by Order of the House of Peers . FINIS . 
A35246	----	The Secret history of the four last monarchs of Great-Britain, viz. James I, Charles I, Charles II, James II to which is added an appendix containing the later reign of James the Second, from the time of his abdication of England, to this present Novemb. 1693 : being an account of his transactions in Ireland and France, with a more particular respect to the inhabitants of Great-Britain. 1693 Approx. 309 KB of XML-encoded text transcribed from 90 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A35246 Wing C7347 ESTC R31345 11926876 ocm 11926876 51050 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35246) Transcribed from: (Early English Books Online ; image set 51050) Images scanned from microfilm: (Early English books, 1641-1700 ; 1001:10) The Secret history of the four last monarchs of Great-Britain, viz. James I, Charles I, Charles II, James II to which is added an appendix containing the later reign of James the Second, from the time of his abdication of England, to this present Novemb. 1693 : being an account of his transactions in Ireland and France, with a more particular respect to the inhabitants of Great-Britain. R. B., 1632?-1725? [8], 171 p. [s.n.], London printed : 1693. Attributed to Nathaniel Crouch by Wing. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Stuarts, 1603-1714. Great Britain -- Kings and rulers -- Biography. 2000-00 TCP Assigned for keying and markup 2001-11 SPi Global Keyed and coded from ProQuest page images 2002-02 TCP Staff (Oxford) Sampled and proofread 2002-02 TCP Staff (Oxford) Text and markup reviewed and edited 2002-03 pfs Batch review (QC) and XML conversion THE Secret History , OF THE Four Last Monarchs OF GREAT-BRITAIN : VIZ. Iames I. Charles I. Charles II. Iames II. To which is added , An Appendix , Containing the Later Reign of Iames the Second , from the Time o● his Abdication of England , to this present Novemb. 1693. Being an Account of his Transactions in Ireland , and France : With a more particular Respect to the Inhabitants of Great-Britain . London , Printed in the Year 1693. THE PREFACE . THough it hath pleased God to reserve the Art of reading Men's Thoughts to Himself ; yet as the Fruit tells the Name of the Tree , so do the outward Works of Men , so far as their Cogitations are acted , give us , whereof to guess at the rest : N● Man can long continue Masqu●d in a counterfeit Behaviour ; The things that are forced for pretences , having no Gr●und to Tru●h , cannot long dissemble their own Nature . And tho' we ought not rashly to rake into the Ashes of the Dead ( much less of Deceased Princes , ) and Express either their Personal Miscarriages or their Failures in Managem●nt of the Government ; yet , no doubt , but the making them Publick , may sometim●s contribute not a little to the General Good. It is one of the Encomiums , given to Suetonius , That he made Publick to the World , the Vices and Miscarriages of the Twelve Caesars , with the same freedom with which they were by them Committed . And there is no question , but one of his chiefest Reasons for so doing , was this , Because he would not deceive Posterity ; and all agree , that he was Contemp●rary with the Three last . So that the Enormities of Domitian could not but be fresh in his Memory , when he wrote his Life ; and th●re might be several Persons living , as might have the same particular Affection for Domician , as there are now Adorers of our late Monarchs : For which reason , there is a wary Caution among some People , That Truth is not always to be spoken . Which perhaps may be som●tim●● true ; but , as the Case stands with th●se Sheets , not at all to be taken notice of : The pa●ns of this short History , being as well to Vindicate , as to Inform , and Written in Opp●sition to one of the French King 's most Scandalous Libe●s , and bi●ter Invectives against our present Soveraign ; Entituled , The True Portraicture of William Henry of Nassaw , &c. Now , to have made a particular Answ●r to all the Extravagancies and Impertinent Flams of a Malicious Libeller would have been a Fending and Proving altogether Fruitless . It was therefore thought the more concise way , to bring our Late Monarchs Reign upon the Stage ; and then let all the World judge of the Furberies and Tyranny of those Times , and the Integrity , Sincerity , and Sweetness of Their present Majesties Reign ; since by comparing them , the most wilfully Blind may be convinced , how infinitely happy we are under Their present Majesties ●overnment , beyond what we were in the late R●ign ; which were but a very considerable matter ( if any thing ) below the French Tyranny , and considering the unparallel'd Virtue , that are so Resplendent in our Gracious Soveraigns , we may● with all the reason in the VVorld , assure our selves o● a lasting Peace ; and as much Happiness under Them Now , as we had Troubles and Confusions under the Former For Their Religion , Integrity and Moderation ( which must always be in conjunction , with Princes that are truly Patries Patriae ) are as N●torious to the VVorld ( so that Their greatest Enemies cannot deny them ) as were the Atheism , and furious Bigottism of the former Reigns ; Vices much of the same pernicious Consequences to a Kingdom , if the latter be not the more dangerous , since the greatest Villanies that ever were perpetrated in the World , have been Masqued with seeming Zeal for Religion . But since there are not a few , wh● , tho' they seem to decry the Tyrannies of the T●wo late Kings , yet approve of much the same Actions of Two that Preceded them , ( One of whom , some Men have Vainly , if not Blasphemously , compared to the King of King ; ) not considering that they laid the Foundations of that Tyranny , which the others brought to so great a Perfection . As to the former of them , viz. K. James the I● it will easily appear from this following History , what great steps he made towards Tyranny : It is certain , that the reason He gave for setting up Episcapacy in Scotland , was , That He might have so many Friends to rely upon in Parliament , i. e. That by th●m , as the Dead Weight , He might the better carry on His Designs there . And herein his Politicks did not deceive Him ; for by their means , He and his Succ●ssors found it no hard m●tter to reduce that Kingdom to as great Slavery , as any in Europe h●th groaned under of late Years . How great a Pr●ficient he was in the Art of Dissimulation , or King-Craft , I shall only insert one Instance of it here , which I omitted in the History ; especially , because I think it may not be ungrateful to the Reader , viz. That after his Return from Denmark to Scotland , seeming mightily satisfied with the Care the Kirk-Party had taken to preserve the Kingdom in Peace , during his Absence ; He was pleas'd to express himself thus , in a general Assembly , That He blest God , that He was Born at sike a Time of the Gospel , and to be King of sike ● Kirk , the purest Kirk in the World : The Kirk of Geneva , ( says He , ) keeps Yuel and Pasche : What have they from the word of God for That ? And for our Neighbour Kirk of England , What is their Service , but an ill-said Mai● in English ? And concluded with the Solemnest Promises , to Maintain and Preserve the Kirk ; when ( in the mean while ) He was taking all underhand Methods to supplant it , as He did a few Years after . And as to His Successor , tho' a Kalender'd S. Yet after all the lying Insinuations of self-designing , and — ridden Persons of that Prince's singular Religion , that very Act of Instituting Plays and Sports on the Lord's Day , is no extraordinary Proof of it . The Learned Sir Walter Rawleigh , in the Close of the Preface to his most admirable History , adviseth the Reader to take heed , how he follows Truth too close at the heels , lest it strike out his T●eth : I h●pe these Relations begins with a distance of Time , not so far ●ff , that the Foot-Steps of Truth are worn out , nor yet so near , as the Foot-Steps of it need to be feared . And so irresistable is the F●rce of Truth , and the Divine Providence so great , that however all possible Diligence may have been used to carry things in Secret , and to Act by colourable Pretences ( Men often acting like Tumblers that are Squint Eyed , looking one way , and Aiming another ) yet in these our days , God hath brought great things to Light discovering many secret and close Contrivances , many Private Consultations , and hidden Designs , which otherwise probably neither We nor our Posterity should have ever known . I conclude this my Preface , without the R●marks of a Learned Spaniard on History in general . Satis est Historiae , si sit vera ; quae ut reliqua habet omnia . Siveritatem non habet obtinere nomen non Potest . THE SECRET HISTORY . OF King IAMES I. TIme , which puts a period to all things under the Sun , began now to shea●● the Sword of War , that had been long disputing the Controversie , which Religion and Policy ( that Princes mix together ) had for many Years so fiercely maintained : The w●●ring out of that old , but glorious , and most happy Piece of Soveraignty , Queen Elizabeth , bating the Spa●ish Violence , and ending with the Irish Rebellion , and Submission of the great Earl of Tyrone ; as if the old Genius of Iron-handed War , and a new one Crowned , with a Palm of Peace , had taken Possession of the English Nation ; Iames the Sixth , King of Scotland , was Proclaimed King of England . For though Princes that find here a Mortal Felicity , love not the noise of a Successor , in their Life time , yet they are willing ( for the Peace of their People ) to have one , when they can hear no more of it . That which this Blessed Queen could not endure from others , She was pleased to express her self , and bequeath in her last Will , as a Legacy to this , then happy Na●ion . He was Thirty Years of Age when he came to the Crown . How dangerous the passage had been from his v●ry Infancy to his middle Age , is not only written in may Histories , but the untam●d and untractable Spirits of many of that Nation , are a sufficient Witness and Record . The wise Queen found many petty Titles , but none of that Power , any other Hand that should have reacht for the Crown , might have caught a Cloud of Confusion ; and those Support●rs and Props , that held up Her Greatness ( loth to submit to Equals ) made Scaffolds to his Triumphs . In the prosecution of w●at I shall remark , relating to this King● I shall avoid all unnecessary Severity , and observe mo●e Duty and Respect than may possibly be thought due by Posterity , to the Person of a Prince , that ( after so exact a Pattern as Queen Elizabeth left him ) did , by debauching Parliaments , and so often breaking his Word , so far irritate , no less than impoverish the Subject , as his Son was forced to give Concession to one rend●red indissolvable but by their own Will : A mischief never could have befallen England , had King Iames left them in the same blessed Serene temper he found them , at the Death of the Queen . The News of which was brought him first by Cary , after Earl of Monmouth ; who , not able to satisfie such a concourse of Doub●s and Questions● as far more resolute Natures than His do o●ten muster up on less occas●ons , the King stood as in a maze , being more affected through the fear of Opposition , than pleased with the present Report , till , by a lamer Post , He was adver●ised of His being joy●ully Proclaimed in London , by the Lord Mayor and Aldermen ; and of the unquestioned Recep●ion His Title , in all Places , met with no less than that the Hopes of some , and Fe●rs of the major part , assisted by the prudent Carriage of the Treasurer , and ranting Protestations of the Earl of Northumberland ( that in all Places vapoured he would bring Him in by the Sword ) had stopped their Mouths , that desired he might be obliged to Articles : Amongst these truly Noble , Heroick , and Publick Spirits , was Sir Walter Rawleigh , the Lord Cobham , Sir Iohn Fortescue &c. Who were all af●erwards ruined by the King ; and the Noble Sir Walter most Barbarously c●t o●f . This Prince held his Thoughts so intent upon Ease and Pleasure , that , to a●oid any interruption , likely to impede any part of the Felicity he had possessed his imagination with , from the Union of these Crowns , and to fit an Example for his Neighbours imitation , whom he desired to bring into the like Resolution , he cast himself , as it were , blindfold into a Peace with Spain , far more destructive to England than a War. King Iames , throughout his whole Reign , contenting himself with the humble thought of being a Terror to his own People , not valluing that himself or Nation should make any considerable Figure among Forreign Princes . At his first coming , he was long detained from Westminster by a Plague , looked upon as the greatest , till exceeded in that which broke out after his Death ; taken by the ill boding English for a presage of worse Days than they had already seen : The good Government of Queen Elizabeth not being in probability likely to bear the Charges ( without falling into some destructive commotion ) of Two such Expensive Princes Succession , without having one more popular to intervene . After the Peace , of too much concernment to his Catholick Majesty , to afford him leisure to imagine , much less to insert so rugged an Article as the performance of any Promise our King had ●ade ●efore his Reception , in case the Papists did not oppose ( which I have found Registred by many , and so high as amounted to a Toleration at least , if not an Establishing of Popery ; he then observed in prudence it could not be conceded by this new King , having so many of his Subjects Protestants for one of the Romish Profession ; and being b●sides no more Zealous than other Princes , that make use of a Religion only for a Fence to immure their Persons and Prerogatives ; but ●steem it a meer accident where reason of State drives on a Bargain without it . These neglects of the Kings of Spain and England ; the first remaining as careless of his Faith , as the other did of the performance of his Word , put the Roman C●tholicks , for the present , into so great a Despair● that led them into that damned Conspira●y , called the Gun powder Treason ; the account of which , in general , is so well known , that I need not here ●nlarge , only give some hints concerning it , which is not common to be met with . The French Ambassador , then resident at Court , affirming to some Persons of Quality , his Intimates , That the first Intimation of the Powder T●eason came from his Master , who received it from the Jesui●s of his Faction , to the end he might share in our Ruines : The Kingdom of England being , in the Pope's own Judgment , ( at that time ) too great an addition to that of Spain ; where , though it was first coined ( some say during the days of Queen Elizabeth ● ) yet the Priests that undertook the promoting of it , sought to render it the most beneficial they could to their respective Patrons . And here I cannot omit , that after this happy Discovery , his Majesty sent an Agent on purpose to Cougratulate King Iames's great Preservation : A Flattery so palpable , as the Pope could not refrain laughing in the Face of Cardinal D' Ossat , when he first told it him ; nor he forbear to inform his King of it , as may be found in his Printed Letters ; it being notorious , that at King Iames's first assumption to the Throne of England , none sought his Destruction more cordi●lly than the Spaniard , till a continued Tract of Experience had fully acquai●ted him with his Temper . Nor was our King himself backward in ●omenting this Inuocent Opinion amongst his Neighbours , but did , as soon as he could possibly , by neglecting the Royal Ships , and casting Cont●mpt upon all formerly in Military Imployment ( the Wings● Nails , and Teeth of this Nation ) to testifie to the World he meant to spoil no People of their Honour , Lands , Felicity , Goods , or Laws , but only those all Princes celebrated for Wisdom and Gallantry think themselves tied in Nature to preserve ; by which he entailed Misery upon his Succ●ssion ; and , without the more Mercy of God , Eternal Slavery to , &c. For , by penning up the English Valonr , and opening the Fountain of Honour with a Succession of neglect cast upon the Nobility and Commons in their Representatives , by denying them their reasonable Demands , or deluding them after the Royal assent given , by going contrary to what was Enacted ; these Practises put him upon such low Shifts , that he at last having rendered himself uncapable of Trust , did send to have the Money given by the Parliament , deposited into the hands of Commissioners ; out of which he did , notwithstanding after ●orce it , according as his impertinent Expenses demanded Supplies . Nor was he more steady , faithful , or just in his compacts with Foreign Princes , who , in a small time became so well acquainted with his Complexion , that his Promise did not incite them either to Hope or Fear , or raise in any of them the Passions of Love or Hatred . And this is one of the Reasons th●n given , why the most Christian King did so far indulge his Pr●serva●ion , as to advertise him of t●● former Conspiracy , lest he should exchange Herb Iohn for Col●quintida . Another , but in my opinion a very w●●k one ( for what obligation can restrain a Prince , that ●ees an advantage before him ) was the F●vours received ●rom hence , ●uring the L●ag●e ? But the most probable , was the Advantage Spain was likely to make of it , first , by reason he had an Army then ready in Fland●rs to Land in the huge Mist , so black a Cloud must needs have caused over the Nation . Nor could his Holiness him●elf look upon our Ruine with any affection , England being of too great a Consequence to ●all under any other Jurisdiction save her own . To conclude , whosoever reveal●d this Conspiracy , it cost the King of France his Life , not only by questioning the truth of his Conversion , but did raise so a high Suspicion of the immense Treasure , and mighty Army , he had with no less industry than secresie gotten together ( not one living owning to this day the knowledg of his Design ) in the Hearts of Spain and R●me , as they procured his Death : His freedom to the King of Great Britain rendring this Silence the more suspected . Now , to take off the Subjects Eyes from observing the great Indulgency used by King Iames , in behalf of the Papists , a Qu●●rel was revived ( now ●lmost asleep , because it h●d long escaped Persecution , the Bellows of Schism ) with a People stiled Puritans , who meeting no nearer a definition than the Name of all the Conscientious Men in the Nation shared the Contempt . Since under that general term were comprehended not only those as did oppose the Discipline and Ceremonies of the Church , but such as out of meer honesty refrain●d the Vices of the Times , were branded by this Title ; weaved o● such a fashion , as it became a covering to the Wicked , and no better than a Fools Coat to Men truly Conscientious . Neither was any charged with it , though in the best Relation , thought competent for Preferment in Church or Common-weal , which made the Wicked glory in their Impiety , and such as had not an extraordinary measure of Grace , asham●d of any outward profession of Sanctity . Court Sermons were fraught with bitter Invectives against th●se People , whom they seated in a Class far nearer the con●ines of Hell than Papists , yet the wisest durst not define them . To avoid the imputation of Puritanism ( a greater rub in the way to Preferment than Vice ) our Divines● for the generality , did sacrifice more time to Bacchus than Minerva ; and being excellent Company , drew the most ingenious Laiety into a like excess : And , for their ordinary Studies , they were School-points and p●ssionate Expressions , as more conversant with the Fri●rs than the Fathers , scorning in their ordinary Di●course at Luther and Calvin , but especially at the last ; so as a certain Bishop of this stamp , thank'd God he never ( tho' a good Po●t himself ) had read a Line in Him or Chaucer . The same used this simile at C●urt , That our Religion , like the Ki●gs-Arms stood b●etween two Beasts , the Puritan and Papist . Nor did the notorious debauchery of the Episcopal Clergy add a little to the Rent of the Church , much augmented by the Scottish Propensity to Pr●sbitery , though the chiefest promoters of it in their Doctrine and Example were the Lecturers , Vicars , and Parsons of inconsiderable Worth and Livings , being the readier to oppose Authority , as having little to loose , becoming , by this means , the darlings of the Rabble . Nor did the suddain Translation of Bishops , from less to greater Sees give time to visit sufficiently their respective Charges ; being more intent upon the receipt of such Taxer , as a long abused Custom had estated them in , than upon Reformation . I have been the more punctual , because from the Pulpit came all our future Miseries , God not being served there as he ought . The Court Sermons informing the King he might , as Christ's Vicegerent , command all ; and that the People , if they denied him Supplement , or inquired after the disposure of it , were presumptuous Peepers into the sacred Ark of the State , not to be done but under the severest Curse , though it appeared likely to fall , through the falshood or folly of those at the Helm . But on the contrary , the other qualified Preachers did sulminate against Non-residency , Prophanation of the Lords Day , connivance at Popery , Persecutio● of Gods People ● Now , by this time the Nation grew feeble , and over-opprest with Impositions , Monopolies , Aids , Privy Seals , Concealments , pretermitted Customs , &c. besides all ●orfeitures on Penal Statutes , with a ●●lcituee of tricks more to cheat the English Subject ( the most , if not all , unheard of in Queen Elizabeth's Days ) which were spent upon the Scots , by whom nothing was unasked , and to whom nothing was denied ; who , for want of honest Traffick , did extract Gold out of the Faults of the English , whose Pardons they begged and sold at intollerable Rat●● ; Murder it self not being excepted ; Nay , I dare boldly say , one Man might more safely have killed another , than a raskal Deer ; but if a Stag had been known to have miscarried , and the Author fled , a Proclamation , with the Description of the Party , had been presently Penned by the Attorney General , and the Penalty of His Majesties high Displeasure ( by which was understood the English Inquisition , the Star-Chamber ) threatned against all that did abet , comfort , or relieve him . Thus Satyrical , or if you please Tragical , was this Sylvian Prince , against Deer-killers , and indulgent to Man-slayers . This Star Chamber was a Den to Arbitrary Justice , where the Keeper for the time being , two Bishops , two Judges , and as many wise Lords , and great Officers Sate , as thought fit to come ; the most of whom , though unable to render a reason for their Censure , did , every Wednesday and Friday , in Term-time , concur like so many Canibals , to tear such as refused to Worship the Minion , or to yield to the pretended Royal Prerogative . Nor did they scape who were any way Satyrical , a thing not to be avoided by the Lovers of Truth ; Corruption being as common as Execution , with which it seldom went other than hand in hand . The palpable Partiality that descended from the King to the Scots , did estate the whole love of the English upon his Son Henry ; whom they engaged , by so much expectation , as it may be doubted , whether it ever lay in the Power of any Prince , meerly hum●ne , to bring so much Felicity unto a Nation , as they d●d all his Life propose to themselves at the Death of King Iames. The Government of this Young Princes House , was with much Discretion , Modesty , Sobriety , and ( which was looked upon as too great an upbraiding , the contrary proceedings of his Father ) in an high reverence to Piety , not Swearing himself , nor keeping any that did : through which he came to be advanced , beyond an ordinary measure in the Affections of the City ; to whom he was not only plausible in his Carriage , but very just in Payments , so far as his Credit out-reached the King 's both in the Exchange and the Church ; in which the Son could not take so much Felicity , as the Father did Discontent , to find all the worth he imagined in himself wholly lost in the hopes the People had of this young Gentleman ; from whence Kings may be concluded far more unhappy than ordinary Men ; for tho' whilst Children are young , they may afford them safety , yet when arrive at that Age , which used to bring comfort to other Parents , they produce only Jealousie and Fear : For if Deformed , Foolish , or Vitious , they offend the natural Disposition of a Father , who cannot but desire his Issue perfect ; if they prove otherwise , and be excellent , that of a Prince , because his Reign must needs be thought dim and tedious who hath such a Spark to succeed him as this Henry , which , in all Mens Judgments , appeared more illustrious than his old Father . Thus are Kings found as remote from Felicity with Children , as from safety without : And , as the last of these Considerations have tempted some to Acknowledge the Issue of Strangers . If the positive Assertions of some , as well as common Fame does not out-strip Truth , King Iames was by Fear led into great and strange Extreams ( finding his Son Henry , not only averse to any Popish Match , but saluted by the Puritans , as one prefigured in the Apocalyps for Rome's Destruction ) insinuating , as if the Prince was not kindly dealt by : ● should quite have omitted this conjecture , and left it wholly to the Decision of the great Tribunal , was it not certain , that his Father did dread him ; and that the King , though he would not deny him any thing he plainly desired , yet it appeared rather the result of Fear and outward Complyance , than Love and natural Affection , This King 's extravagant Anti-Suppers was a Vanity not heard of in Fore-Fathers time , or ever practised since ; and for ought I have read , unpractised by the most Luxurious Tyrants : The manner of which was , to have the Board covered at the first entrance of the Guest with Dishes seven Foot high , filled with the choicest Viands Sea or Land could afford , and all this once seen , and having seasted the Eyes of the invited , was in a manner thrown away , and fresh set on to the same height : An Attendance on the King Eat at one of these Suppers a whole Pye valued at Ten Pounds Sterling , being composed of Ambersgreece Musk , &c. As no other reason seemed to appear in this Kings choice but handsomness ; so the love the King shewed wa● as amorously conveyed , as if he had mistaken their Sex , and thought them Ladies ; which Somers●t and Buckingham did labour to resemble , in the Es●eminateness of their Dressings ; though in wanton Look● , and wanton Gestures , they exceeded any part of Woman-kind , Nor was his Love , or what else the World will please to call it , carried on with a Discression sufficient to cover a less scandalous Behaviour ; for the King kissing them after so lascivious a Mode in Publick , and upon the Theatre ( as it were ) of the World , prompted many to imagine things done in the Tiring-House , that exceed my Expression , no less than they do my Experience . Now , as to the Poysoning Business of Sir Thomas Overbury ; on which account King Iames made so many dreadful Imprecations upon himself and Posterity , not to spare any that were found Guilty , but how he f●iled the Relation will inform . The Earl of Montg●mery declining in his Favour with King Iames , Mr. R. Carr , a very handsome Gentleman , and well bred , appear'd upon the Stage ; who chose for his chief Companion Sir Thomas Overbury , a Gentleman of excellent Parts , but very Proud and Haughty . Now was Carr Knighted , and Overbury's Pride rose with the others Honours ; then was the strife between the Two great Statesmen , Salisbury and Suffolk , who should most indear themselves with this great Favourites Creature Overbury , but he with a kind of scorn neglected both their Friendships . Northampton finding himself neglected by so mean a Spark ( as he thought ) follow'd Balaam's Counsel , by sending a Moabitish Woman unto him , in which he made use of one Coppinger , a Gentleman who had spent a fair Estate , and to supply his necessities , was turned a kind of Procurer , or what the present Town calls a Cock Bawd. This Meabitish Woman was a Daughter of the Earl of Suffolk and Wife to the young Earl of Essex . This Train took , and the first private Meeting was at Coppinger's House : This privacy in their stollen Pleasure , made Coppinger a Friend to Northampton and Suffolk , though but a Servant to Viscount Rochester , for so was Carr now made . Overbury was that Iohn Baptist that reproved the Lord for that Sin of using the Lady , and abusing the young Earl ; he would often call her Strumpet , and her Mother and Brothers Bawds , &c. Then to satisfie Overbury , and blot out the name of Sin , his ●ove led him into a more desperate way , by a Resolution to Marry another Man's Wife ; against this then did Overbury exclaim much louder : On which a Council was held to concert about the best means to be rid of him . The Plot then was , he must be sent a Leidger Ambassador into France ; which by obeying , they should be rid of so great an Eye-sore ; by disobeying , he incurred the Displeasure of his Prince , ● C●ntempt that he could not expect less than Imprisonment for , and by that means be sequ●stred from his Friends . And thus far I do believe the Earl of Somerse● ( for so was he now made ) was consenting ; this Stratagem took , and Overbury might truly say , ( Video meliora deteriora sequar ) for he indeed made the worst choice , it could not be thought but such an Imployment was much better to him to have accepted , than to be confined to a loa●hsome Prison . Having him now fast in Prison , Herodias , by pleasing her Herod , must also ask , and have his Life ; for , Perscelus ad scele●● , tuti●r est via ; to that end they preferred Emposides to be Servant to Sir Gervase Elway's , then Lieutenant of the Tower , and a very Wise , Religious Gentleman , he was so ignorant of the Pl●t , as he never Dreamt of any such matter , until one day ( as it should seem ) Weston being told E●●ays did know wherefore he was preferred unto him to wait on Overbury ; he a●ked the Lieutenant whether he should now do i● , Elways replied , What ? Weston at that being somewhat abashed , which Elways quickly apprehended , replied , No , not yet ; for he did believe there was something known to Weston ; instantly he hasted away ( being a little before Dinner ) and went into his Study , and Weston being come , he exa●i●ed him the meaning of that Question ; at last , between fair means and threatning , perswaded him to con●ess the ●ruth ; then Elways , as he well could , laid before Weston the horridness of the Fact , the torments of Hell , &c. At last made him so sensible , that he gave the Lieutenant humble thanks , for that he had been instrumental in saving his Soul , by putting him off from so soul intentions , and faithfully promised never to be concerned in so foul at Act , and for a long time as faithfully performed . The Lieutenant ordered Weston to bring him such things as were sent to give Overbury , which he accordingly did ; the Lieutenant ever gave them to Doggs and Catts , some of which died presently , others lingred some time . During this time , the Earl continued sending to visit Overbury , wheedling him with an assurance that he did not forget his Release : At last , the Countess growing impatient , sent for Weston , reviling him , saying , he was a Treacherous Villain , on which he promised her Fidelity to the future ; yet the Countess would not trust him alone any more , but joined one Franklin to him , a greater Villain than himself . Some time after these Two Villains had carried Overbury the Tarts , they went to his Chamber , and found him in great Torment , with Contention between strength of Nature , and working of the Poyson , and they fearing Nature would have gotten the better , and that it might come upon the judgment of Physicians that foul Play had been offered him , they immediately stifled him between Two Pillows , and so ended his miserable Life , with the assurance of the Conspirators , that he dyed by Poyson , none thinking otherwise but the Two Murtherers . Now this grand obstacle being removed , the Adulterous Marriage must be brought about ; and for the more easie effecting of it , they did ( without much trouble ) make the King a Party in this Bawdy business , and the Bishops likewise must be principal Actors in bringing this Bawdery to a Marriage , of whom Bilson , Bishop of Winchester was chief ; for which the King Knighted his Son. The Bishops had many Meetings , in which there wanted no Bribes from the Lord and Lady to h●ve this Nullity brought to pass , wherein the Discourse would have better befitted the Mouths of Bawds and Ruffians than grave Divines . Arch-bishop Abbot opposed and protested against all their Proceedings : for which the King held him in disgrace to his Dying day . To make up the full measure of Bawdry , and to justifie the Nullity ; a search must be made into the Lady , to find whether there had been a Penetration , and a Jury of grave Matrons were found fit for that purpose ; who , with their Spectacles ground to lessen , not to make the Letter larger , after their Inspection into the Premises , gave Verdict , she was Intacta Virgo , which was thought very strange , for the World took notice , that her way was very common , before ever Somerset trod in it ; besides they two having lived so long in Adultery together . The Plot was contrived thus , The Lady of Essex , pretending Modesty , makes humble Suit to the Bawdy Bishops ( who were all concerned in this Stratagem ) that she might come Vailed into the Court , which they all readily granted : One Mrs. Turner was dressed in the Countesses Cloaths ; and at that time too young to be other than Virgo Intacta . Now is the Nullity pronounced , and the Marriage with Somerset speedily Solemnized , but sweet Meat must have sowr S●wce : For not long after , Thrumbal , Agent at Bruxels , had ( by one Reeve , an Apothecaries Prentice in London , that was come there on some Occasions ) gotten hold of this Poysoning Business , on which he presently wrote to Secretary Wynwood , that he had business of great consequence to discover , but would not send i● therefore desired License to come over ; which after some time the King granted ; and now had they good Testimony by the Apothecary , who revealed Weston , Mrs. Turner , and Francklin , to be the Principal Agents ; yet , it being the time of the King's Progress , nothing was done in it till his Return . Secretary Wynwood having been affronted , and much abused by Somerset , in his Secretaryship , does now carry himself in a kind of braving way against him , being struck in with the Faction of Viller's who was now the risi●g Sun , and King Iames's darling Favourites . King Iames being returned from his Summers Progress , returns to Windsor , from thence to Hampton-Court , then to White-Hall , and sho●tly after to Royston , to begin his Winter Journey . And now begins the Game to be plaid , in which the Earl , and Countess of Somerset must be Losers ; the Lord Chief Justice Coke , and Secretary Wynwood , the managers against them . The day the King went from VVhite-Hall to Theobald's , and so to Royston , he sent for all the Judges , ( his Lords and Servants encircling him ) where kneeling down in the midst , he spoke to them as followeth . My Lords , the Iudges , It is lately come to my hearing , that you have now in Examinati●n a Business of Po●soning , Lord ! in what a most miserable Conditi●n shall this Kingdom be ( the only famous Nation for Hospitality in the World ) if our Tables should become such a S●are , as none could E●t without da●ger of Life ; and the Italian Custom be introduced among us : Therefore , my Lords , I Charge you , as you will answer it at the great and dreadful day of Iudgment , that you will examine it strictly , without F●v●●● , Affection , or Partiality ; and if you shall spare any that are found Guilty of this Crime , God's Curse light on you , and your Posterity : And if I spare any , God's Curse light on Me , and my Posterity for ever . But how this dreadful Thunder Curse or Imprecation was performed , the following account will shew . The King goes to Ro●ston , accompanied with the Earl of S●merset ; the next day the Earl being to go to London , went to kiss the King's Hand , who hanged about his Neck , slabberi●g his Cheeks , saying , When shall I see you again ? On my Soul , I shall neithe● Eat nor Sleep until you come again : The Earl told him in about three days : For God's sake let me , said the King , Shall I , shall I ? Then lolled about his Neck , slabbering his Cheeks as formerly ; the Earl was scarcely in his Coach , when the King used these very Words , I shall never see his Face more . Let the Reader judge whether this Motto of Qui nescit dissimilare , nescit regnare , was not as well performed in this Passage , as his Beati Pacifici , in the whole course of his Life . But before Somerset's approach to London , his Countess was apprehended ; at his Arrival , himself . Now are in Hold , the Earl , his Countess , Sir Thomas Monson , Mrs. Turner , Weston , and Franklin , with some others of less Note ; the three last Named were immediately Arraigned , Tryed , and Executed . The next that came on the Stage was the Countess , and Sir T. Monson , but the King being informed that the latter would discover some Secrets of Prince Henry's Death , and other Court Intreagues , He immediately dispatched an Order to Coke to stop Prosecution : And now for the last Act enters Somerset himself on the Stage , about whom many S●ratagems were used , and the King was put in great Fear before they could get him fro● the Tower to Westminster , to take his Tryal ; but it was at last affected by a Stratagem of Sir George Moor , Lieutenant of the Tower , but yet ( for fear he should flie out into some strange Discovery against the King ) he had two Servants placed on each side of him , with a Cloak on their Arms , giving them a peremptory Order , if that Somerset did any way stie out on the King. they should instantly Hoodwink him with that Cloak , and take him violen●ly from the Bar : But the Earl finding himself thus over-reached , recollected a better Temper , and went on calmly in his Tryal , where he held the Company till Seven at Night : But whoever h●d seen the King 's res●less motion all that Day , sending to every Boat he see Landing at Greenwich-Bridge , Cursing all that came without Tydings , would have easily judged all was not right , and there had been some grounds of his Fears of Somerset's Boldness : But , at last , one brings him word he was Condemned , and the Passages , all was quiet . And there were other strong Inducements to believe Som●rset knew , that ( by him ) he desired none other should be partaker of , and that all was not Peace within , in the Peace●maker hims●lf ; for he ever cour●ed Somerset to his dying Day , and gave him Four Thousand Pounds , per Annum , for Fee Farm Rents , after he was Condemned , and the King kept Correspondence Weekly with him by Letters , to his Death . Some are of Opinion that his Countess and he would both have suffered , had it not been for an unhappy Expression of Chief Justice Coke , who , in a vain glorious Sp●ech , to shew his Vigilancy , enters into a Rapture , as he sate on the Bench , saying , God knows what become of that sweet Bab● , Prince Henry ; But I know somewhat . And surely , in se●rching the Cabinets , he lighted on some Papers , that spoke plain in that which was ever whispered ; which had he gone on in a gentle way , would have fall'n in of themselves , not to have been prevented ; but this solly of hit Tongue stopt the breath of the Discovery of that so foul a Murther . And now begins Villers , the new Favorite to Reign , without any controulment ; now he rises in Honour as well as Pride , being broken out of the modest bounds that formerly had impailed him , to the High-way of Pride and Scorn , turning out , and putting in all he pleased . First , he gets the Lord-Admiral turned out , and himself made Lord High Admiral . Next , He procured the Seal to be taken from Egerton , Lord ●eeper , and procures the place for Bacon , who was to pay him a large Pension out of it ; Heath , Attorney General , paid a Pension ; Bargrave Dean , paid a Pension ; with multitudes of other● : Fo●herhy made Bishop of Salisbury , paid down 3500 l. for his Bishoprick . There were Books of Rates on all Offices , Bishopricks , Deaneries in England , that could tell you what Fines , what Pensions ; all which went to maintain his numerous Beggarly Kindred , which otherwise it had been almost impossible to have maintained them with Three Kingdoms Revenue . Then must these Women Kindred be Married to Earls , and Earls Eldest Sons , Barons , or chief Gentlemen of greatest Est●tes ; insomuch that the very Female Kindred were so numerous , as sufficient to have Peopled any Plantation : Nay , the very Kitchin-Wenches were Married to Knights Eldest Sons . Proposals being made for a Match with the Infanta of Spain , and some Progress being made therein , it was resolved , That Sir John Digby , by Commission under the great Seal , was authorized to treat and conclude the Marriage ; and because the matter of Religion was in chief Debate , those qualified Articles that were brought out of Spain , were sent back● signed with the King's Hand . They were to this Effect . That the Pope's Dispensation be first obtained by the meer Act of the King of Spain . That the Children of this Marriage be not constrained to be brought up Protestants , nor their Titles to the Crown prejudiced in case they prove Catholicks . That the Infanta's Family may be Catholicks , and shall have places appointed for their Divine Service , according to the Vse of the Church of Rome , and that the Iesuits , and other Ecclesiasticks and Priests may walk in their proper Habits . That she shall have a competent number of Iesuits , Priests and Chaplains ; and a Confessor always attending Her , one whereof shall have Power to govern the Family in Religious Matters . The People of England having in Memory the intended Cruelty of 88. and hating the Popish Religion , generally hated this Match , and loathed the thoughts of having the Romish Priests to walk about the Streets in their Habits , and would have bought it off at the dearest Rate ; and , what they durst , oppos'd it by Speeches , Counsels , Wishes , Prayers ; but if any one speak louder than his Fellows , he was soon put to silence , disgraced , and crossed in Court Preferments . The Roman Catholicks desired the Match above Measure , hoping for a Toleration , yea , a total Restauration of their Religion : For , besides the publick Articles , these following private ones , in Favour of the Roman Catholicks , were subsrcribed and sworn to by the King ; they were in substance as followeth , I. That particul●r Laws made against Roman Catholicks , as likewise general Laws , under which , all are equally comprised , if so be they are such which are Repugnant to the Romish Religion , shall not hereafter on any Account , or Means , be put in Execution against them . II. That no other Laws shall hereafter be made anew , against the said Roman Catholicks ; but that there shall be a perpetual Toleration of the Roman Catholick Religion . III. That We , and the Prince of Wales , will interpose our Authority , and will do as much as in us shall lie , That the Parliament shall Approve , Corfirm , and Ratifie , all and singular Articles , in Favour of the Roman Catholicks . And that hereafter we will not consent that the said Parliament should ever at any time Enact , or Write any other new Laws agaonst Roman Catholicks . The great Concessions of King Iames , towards the Roman Catholicks , brought great swarms of Priests and Jesuits into England , who were busie in drawing the People from the Protestant Religion : And a titular Bishop of Calcedon , privately came to London , to Exercise Episcopal Jurisdiction over the Roman Catholicks of this Kingdom . 'T is said that the King had now so much confidence of the Match , as to say openly in the Cour● That now all the Devils in Hell could not break it . The Spaniards , the better to cover their Designs , ordered that the Infanta should be stiled the Princess of England ; and she was kept no longer in her Virgin Retirements . The Spanish Match having been long in Treaty , and it being suspected now , that the Spaniard did juggle with the States in this , as they formerly did in a Match with that brave Prince Henry . Whether the King suspected any such matter , or any whimsie came into the Brains of the great Favourite and Prince , to imitate the old Stories of the Knights Errand ; but agreed it was ( it should seem ) that the Prince must go himself very privately into Spain , with his Favourite Buckingham , under the borrowed Names of Iack and Tom Smith ; and they had the Ports laid so , that none should follow them to give any Notice to the French Court , through which they must pass . And now many Lords , and other Servants , flock over , that he might appear the Prince of Great Britain . Many Treaties were , so●etimes Hope , sometimes Fear , sometimes great Assurance , then all dasht again . At last , after many Heats and Cools , the Prince wrote a Letter to his Father , of a desperate Despair , not only of not enjoying his Lady , but of never more rerurning . Now the folly of this Voyage began to appear , many smiling at the Follies , that were concerned in it ; and however the King was a cunning Dissembler , and shewed much outward Sorrow , as he did for Prince Henry's Death ; yet the Court believed little Grief came near his Heart ; for that secret Hatred he had of late bore to Buckingham ( as being satiated with him , ) and his Adorning the Rising Sun , made it generally thought that he would not value the losing his Son , so that Buckingham might be lost also : Yet Buckingham had so much awe over the King , that he durst not make shew to affect any other . One great Reason of the King 's Hating of Buckingham was , a large Information that he privately received from one Inniosa , an Extraordinary Ambassador from Spain , of Buckingham's Design on his Person , whether by Poyson , Pistol , Dagger , &c. he could not tell . Buckingham being fully satisfied on several Accounts of the great Hatred the King now bore unto him . He turned as great a Hater of the King ; and though the King had more power to Revenge , He had less Courage . And however , the World did believe the King's Inclinations was out of a Religious ground that he might not Revenge ; yet it was no other but a Cowardly Disposition , that durst not adventure . But altho the King lost his opportunity on Buckingham , yet the black Plaister and Powder did shew , Buckingham lost not his on the King ; and that it was no Fiction , but a Reality , that Padro Macestria had formerly told the King. And now the Prince returns from Spain , and all the fault of the Match not succeeding is laid on Bristol , who was Ambassador there . And Buckingham , from an Accused Man in the former Parliament , came to be the Darling of this Parliament . And in the Banquetting-House , before both Houses of Parliament , does Buckingham give an Account at large of his Spanish Voyage ; and to every full point ( as a further A●testation ) he saith , How say you , Sir ? To which the Prince answered , I , Yea , or Yes . Bristol having some Friends that sent Advice of All into Spain . He immediately posts into England , makes Buckingham's Relation and Accusation wholly False and Scandalous , and becomes a great Favourite to King Iames. I shall now bring the Secret Story of this King's Life to an end . He now goes his last Hunting Journey ( I mean the last of the Year , as well as his Life ) which he ever ended in Lent , and was seised on by an extraordinary Tertian Ague ; yet 't was not the Ague , as himself confessed to many of his Servants ; one of which c●ying , Courage Sir , this is but a small Fit , the next will be none at all : At which he most earnestly looked , and said , Ah! It is not the Ague afflicteth me ; but the black Plaister and Powder given me , and laid to my Stomach . Nor was it fair Dealing , if he had fair Play ( which himself suspected , often saying to the Earl of Montgomery , whom he trusted above all Men , in his Sickness , For God's sake look I ●ave fair Play ) to bring in an Emperick to apply any Medicines , whilst those Physicians appointed to attend him , were at Dinner ; nor could any but Buckingham answer it with less than his Life . Buckingham visiting the King just as he was at the point of Death● who mournfully fix● his Eyes on him , as who would have said , You are the Man that has ruined me . It were worth the knowledge what his Confessions was , or what other Expressions he made of himself , or any other , but that was only known to the Dead Arch-Bishop Abbot , and the then living Bishop Williams . and the Lord-keeper ; and it was thought , Williams had blabbed something which incensed the King's Anger , and Buckingham's Hatred , so much against him , that the loss of his Place could not be explatory sufficient , but his utter ruine must be determined . Now have we brought this King ( who stiled himself the King of Peace , and put on Mortality the 27 th , of March ) to rest in all Peace : We shall conclude his Remarks , with an Appendix , sh●●ing the particulars of a great man● Millions of good English Money , even to an almost incredible Sum , this King Expended on his Fruitless Emb●ssies , B — ng Favourites , Beggarly Scots , Ant-Suppers , Masqueradoes , and other Buffoons , even to a far greater Sum than his Predecessor ( Queen Elizabeth of Happy Memory , Expended in all Her Wars in Ireland , and with Spain , &c. during her Forty Four Years Reign . King IAMES's LETTER TO Pope CLEMENT . Most Holy Father , HAVING understood by several Reports , how diligent the Rivals of our Condition have been , that the Sword of your Authority should he unsheathed against us , and with what constancy your Prudence hath hitherto refused it , we could do no less than return Thanks for such a good turn received , especially upon so fair an Occasion , when the Bearer of these , a Scotch Man , by Nation , but a Roman , by Adoption , was returning unto your Dominion ; We recommend him to your Holiness ( to whom , for his good Parts , you have been already Beneficial ) that you would attentively bear him in those things which he shall deliver in our Name : And because we know there is no better Remedy against the Calumnies of Ill Willers ( who by commemorating our Injuries done to Catholicks , procure Envy to us , and Thanks to themselves ) then that some of our Countrey-Men , Zealous of the Truth , though differing from the Religiin which we have sucked from our Infancy , should have an H●nourable Occasion of making their abode in the Court of Rome , from whom your Holiness may be certainly insormed of the state of our Affairs . In this regard , We recommend to you the Bishop of Vazion ; who , as he d●th impute whatsoever increase of his condition to your Holyness alone ; so We are earnest Suitors , that for our sake especially , the H●nour of the Cardinals Cap may be added to his former Advantages . By this means the Calumny of our Enemies will cease , when such are present with you , who may be able to assert the truth of our doing . We do not desire any of our Actions should be concealed from just Arbitrators ; for though We have been bred up in the Truth of that Religion which we now profess , yet We have always determined , That there is nothing better and safer than piously , and without ostentation , to endeavour the promoting of those things which really belong to the Glo●y of God's Name , and laying aside the Goads of Envy , and applying the warmth and fomentation of Charity , diligently to consider what belongeth not to the empty Name of Religion , but to the Holy Symbol of true Piety . But because we have discoursed more at large of these things , with the Bearer hereof , a Man not Vnl●arned , and indifferently well conversant in our Affairs , We have thought best to be no more tedious by a long Letter . From Holy Rood , Septemb. 24. 1599. Your Holiness's Most Dutiful Son , James Rex . This Letter was conveyed by Edward Drummond , the Lawyer , whom the King sent to the Pope , the Duke of Tuskany , the Duke of Savoy , and other Princes and Cardinals . First , You shall most respectively Salute , in Our Nam● , the Pope , and those other Prin●es and Cardinals , and having delivered our Letters of Credence shall signifie . That we exceedingly desire to reserve with them the measure of Love and Good VVill , which is fitting to remove not only all suspicion , but any thing that may be the cause of suspicion . That altho we persist in the Religion which we sucked from our I●fancy , yet we are not so void of Charity , but to think well of all Christians , if so be they continue in their Duty first towards God , and then towards the Magistrate , whose S●bjects they are . That we never exercised any Cruel●y against the Catholicks , for their Religion . And because it doth very much concern us , that we may be able to assert the Truth , by our Friends and Subjects , with the same diligence that Slanderers Lye ; therefore you shall endeavour to the utmost to perswade the Pope , a● well at our Entreaty , as for the desire of th●se m●st illustrious Princes , whom in our Letters we have solicited on our behalf , to make the Bishop of Vazion Cardinal , wherein if you be successful , as so●n as we shall be certified thereof , we will proceed further . You must be cautious not to proceed any farther in this business● either with the Pope , or th● most Illustrious Cardinals , ●●less there be a certain hope of our wished event . THE SECRET HISTORY OF King CHARLES I. THE Misfortunes of this Monarch , Son to King Iames , with the uncouth , dismal , and unexpressable Calamities that happened thereupon , was in a great measure caused by the imprudent Commissions , and voluntary Omissions of King Iames : As it may justly be said , He , like Adam , by bringing the Crown into so great a Necessity , through profuse Prodigality , became the Original of his Sons Fall ; who was , in a manner compell'd to stretch out his Hands towards such Gatherings and Taxes as were contrary to Law ; by which He fell from the Paradice of a Prince , to wit , The Hearts of his People , though th● best Politicians ex●ant , might Miscarry in their Calculation of a Civil-War , immediately to follow , upon the Death of Queen Elizabeth , in Vindication of the numerous Titles and Opinions then current : Yet the Beggarly Rabble attending King Iames , not only at his first coming out of Scotland , but through his whole Reign ( like a fluent Spring ) found still c●ossing the River Tweed , did so far justifie the former conjecture , as it was only thought mistaken in relation to time . The fi●st thing this King did , after the performing his Father's Funeral Rights , was the consummating the Marri●ge with● Henrietta Maria , a Daughter of F●ance , whom he had formerly seen in his Journey , through that Countrey into Spain . The King then call'd a Parliament , who met the 11th . of Iune following ; to whom he represented , in a short Speech . The urgent necessity of raising a Subsidy , to ●a●ry on the VVar with Spain . But the Parliament presented first their Two Petitions , concerning Reas●ns of Religion , and Complaint of their Suff●rings ; which points had been offered to his Father , King Iames : In both which they at present received Sati●faction . Upon which the King obtained two Subsidies to be paid by Protestants , and four by Papist Laiety , and three from the Clergy . On the 11th . of Iuly , 1629. the Parliament was Adjourned ●ill August the 1st ; when the King declared to them the necessity of setting for●h a Fleet , for the Recovery of the Palatinate : The Lord Treasurer ins●anced the several Sums of Money King Iames died Indebted to the City of London ; this occasioned very warm Debates in the House of Commons , who alleadged , That Evil Councils guided the King's Designs : That the Treasury was misimployed : That it would be necessary to Petition the King for Honester and Abler Council● : Tha● it was not usual to grant Subsidies upon Su●sidies in one Parliament , and no Grievances Redressed ; with many other of the like nature . And being incensed against the Duke of Buckingham , they began to think of divesting him ●f his Office , and to require an account of the publick Money , &c. To prevent which● the King Dissolved the Parliament . And now the King 's put upon taking up Money upon Loan , of such Persons as were thought of Ability to Lend . To whom Letters were Issued out in the King's Name to ex●ite them to it . But this not answering , the King Summons a Parliament to Si● , Feb. 6. and being Me● , they ●ell immediately ●pon Debate of the publick Grievances , much the same as the former . Then the House of Commons were very busie in searching the Signet Office , for the Original of a Le●ter , under the Signet , written to the Mayor of York , for Reprieving divers Priests and Jesuits . This was Reported by Pim , Chair-Man to the Committee for Religion ; but the King immediately demanded a supply for the English and Irish Forces . This was highly resented by the Commons , and several sharp Speeches were made in the House . But notwi●h●●anding , the Commons a● last Voted Three Subsidies , and Three Fifteen● ; and the Bill shall be brought in as soon as the Grievances , which were Represented , were Redressed . But the King observing they did not make the has●e he expect●d , sends a sharp Message to them , complains against their Grievances , and justifies the Duke of Buckingham . The Commons in Answer , present an high Remonstrance , and justifie themselves . To which the King sends them Answer , by Finch , their Speaker , That if they did not pass the Bill of Subsidy , by the end of the week following , it would enforce him to take other Resolutions , &c. Before the Commons sent an Answer , they Petitioned His Majesty , That he would be pleased to remove from all Places of Trust and Authority , all such Persons as were either Recusants , or suspected to be such . And the Commons then drew up another Declaration of Grievances , against the Duke of Buckingham , who being thereat Incensed , Dissolved the Parliament , the very next day , Iune 15. 1626. Then the King's Cabal Council resolved on several ways for advancing the King's Revenue : First , Levying of Customs , and Imposts on all Merchandize . Privy Seals were Issued out , and Benevolences proposed ; and , at length , a Commission for a general Loan was resolved on : But the Assessment of the Loan was generally opposed ; whereupon , the People of the lower Rank were ordered to appear in the Military-Yard , next St. Martins in the Fields , before the Lieutenant of the Tower , to be Listed for Soldiers ; it being then thought necessary , for the better security of the Liberty of the Subject , That those which refused to assist with their Purses , should be forced to Serve in their Persons : Others of bette● Quality were committed Prisoners to the Fleet , Marshalsea , Gate-House , &c. And among others , Sir I. Elliot , who Petitioned his Majesty , and repeated many Precedents , That all manner of Taxes , in former Kings Reigns , were never Levied , but by consent of Parliament : However , he was Committed , and Sir P. Hayman , was forced to serve the King in the Palatinate . Dr. Sybthorp and Maynwaring , Two Court Preac●ers , about this time , preached up the Necessity and Duty of the Loan ; one of them asserting , That the Prince had Power to direct his Council , and make Laws himself . The other affirmed , That the King 's Royal Command , in imposing of Laws and Taxes , though without cons●nt in Parliament , did oblige the Subjects Conscience , upon pain of Eternal Damnation . Which Position was entertained with such great A●plause a● Court , that Abbot was suspended his Archi●piscopal Sea , for refusing to License the Sermon wherein it was contained . In 1627● ( being the Third Year of the King's Reign ) the Exchequer being very low ; and several late Enterprises having miscarried , a Parliament was called , and on the 27th . of March they A●sembled ; and the King , and Lord K●epers , in Two Speeches , earnestly pressed them to consider of some speedy w●y for supplying his Majesties Necessities . The first thing taken into Co●sid●ration by the Commons was the Grievances of the Kingdom : And the fir●t thing insisted on , was the Case of those Gentlme●n for refusing the Loan ; and who , notwithstanding their Habeas Corpus , were rem●nded to Prison ; and it was Resolved , in the House , Nemine Contradicente , That no man ought to be B●strained by the King or Privy-Council , without some Cause of the Commitment . Secondly , That the W●it of Habeas Corpus ought to be granted to every Man upon Request , that is Restrained , on which he ought to be Bayled , if cause of Commitment be not Decla●ed . Then the Parliament petitioned against Popish Recusants ; to which the King gave them a satisfactory Answer . Af●●r which , five Subsidies were granted to the King , which gave him so great Satisfaction , that he sent them word , He would deny them nothing of their Liberties which any of his Predecess●rs had Granted : Whereupon , the Commons f●ll upon the Memorable Petition of Right . And when it was pr●sented , the Answer the King gave to it , was not judged Satisfactory by the Commons● and therefore upon their Petition , the King gave them this short , but full Answer , Let it be done according to your desire . Which Answer mightily pleased both Houses . And his Majesty for further Satisfaction , suffered the Commission for Loan and Excise to be Cancelled , and received Abbot and Williams into his Favour again ; so th●t all Discontents on every side seemed to be banished . In 1628. ( the Fourth year of the King's Reign ) the Parliament drew up a Remonstrance against Buckingham , Bishop Neal , and Laud , which they presented to the King , with the Bill of Subsidies ; His Majesty told them , That he expected not such a Return for his favourable Answer to the Petition of Right ; and as for the Grievances , he would take time to Consider . An Information being likewise Exhibited against the Duke in the Star-Chamber . The King , by his express Will and Pleasure , Ordered that it should be taken off the File , and the King resolving to hold up the Duke , Adj●urned the Parliament to the 20 th . of October following . But soon after , the Duke was summoned to Answer at a Higher Tribunal , by the means of one Felton , a Lieutenant , who stabbed him to the Heart with a Dagger . The Parliament were further Adjourned to Ianuary 20. in which time the Merchants refusing to pay Custom , had their Goods seized : Complaints thereof being made to the Parliament , the King requires them to pass the promis'd Bill for Tunnage and Poundage ; but the Commons answered , That God's Cause was to be preferred before the King 's ; and that they would therefore , in the first place , Consult about Religion : One Committee being for Religion , and another for Civil Matters . At the last , was a Complaint about the Customs , and the Farmers of the Customs were Challenged . But the King vindicated them ; and the Parliament being upon proceeding against them as Delinquents , the King Adjourned them till the 10 th . of March. The Commons enraged thereat , blamed their Speaker for admitting the Mes●age , and Ordered Sir I. Elliot to draw up their Remonstrance ; which was in very high Terms , about Tunnage and Poundage , &c. The substance was as followeth , I. VVhosoever shall indeavour to Introduce Popery , Arminiauism , or other than Orthodox Opinion , shall be reputed a Capital Enemy to the Kingdom . II. VVhosoever shall Counsel the taking of Tunnage and Poundage , or shall yield Voluntary , or pay the same , without being granted by Parliament , shall be deemed a Betrayer of , and Enemy to the Liberties of England . These things were so much disliked by the King , that he sent the Usher of the Black Rod to Dissolve them , who was not admitted in : Whereupon , the King with his Guard of Pensioners , were resolv'd to force their Entrance ; which the Commons having notice of it , they suddenly went out of the House . And this was the end of that Parliament . Some , considering that neither this nor the Two former Parliaments complied with the Humour of the King , or Ministers of State , advised the King never to Call another : And to that end , the Famous Book of Protects was Published , and Addrest to the King , proposing some Methods to prevent the Impertinency of Parliaments ( as he calls them ) from time to time , by the Example of Lewis XI . of France ; who , pretending that the Commons did encroach too much on the Nobility and Clergy , Dissolv'd it ; and never after suffered the People freely to Elect their Representatives . In the Year 1634. The Design of Ship-Money was first set on Foot ; and Attorney General No● being consulted about , he pretends , out of some Musty Records , to find an Ancient President of raising a Tax on the Nation , by the Authority of the King alone , for setting out a Navy in case of danger ; which was thereupon put in Execution , though no● without great Discontent , both among the Clergy and Laiety . Discontents in Scotland likewise began to increase , and a Book was Printed and Published , charging the King with indirect Proceedings , and having a tendency to the Rtmish Belief . And now , to blow up these Scotch Sparks to a Flame , C. Richeli● sent over his Chaplain , and another Gentleman , to heighten their Differences . And some time a●ter , viz. the latter end of the Year , 1653. great Differences arose about Church-Matters in England , chiefly occasioned by A. B. Laud's strict enjoyning many new Ceremonies , not formerly insisted on , and now vehemently opposed , by those called Puritans , to whom adhered many of the Episcopal Party . Several Gentlemen of Quality had refused to pay the Ship-Money ; and among the rest , Esquire Hambden of Bucks ; upon which the King refers the whole Business to the Twelve Judges , in Michdelmas Term , 1636. Ten of whom gave their Judgments against Hambden ; but Hutton and Cook refused it . The King , 1637. Issuing out a Proclamation in Scotland , Commanding the Use of the Liturgy , Surplice , Altar , &c. There occasioned great Disorders and Tumults among the Common People , who , sometime after , with the Gen●ry , entred into a Solemn League and Covenant , to preserve the Religion then profest . The Covenant , the Scots were resolved to maintain , and to that purpose , they sent privately for General Lesley , and other great Officers from beyond Sea , providing themselves likewise with Arms , &c. After this , they Elect Commissioners for the general Assembly , whom they cite to move the Arch Bishops and Bishops to appear there , as guilty Persons , which being refused , the People present a Bill of Complaint against them , to the Presbitery at Edenburg : who accordingly warned them to appear at the next General Assembly . At their Meeting , the Bishops sent in a Protestation against their Assembly ; which the Covenanters thought not fit to Read ; And soon after , they abolished Episcopacy , and then prepared for a War. On which , the King prepares an Army against them ; with which , Anno. 1639. He Marches in Person into the North ; but , by the Mediation of some Persons , a Trea●ise of Peace was begun , but soon broken off . The King therefore confiders how to make Provisions for Men and Money ; and calling a Secret Cabinet Council , consisting only of Lau● , Strafford , and Hamilton , it was concluded , That for the King●s Supply , a Parliament must be Called in England , and another in Ireland . The Scots fore-seeing the Storm , prepared for their own Defence , making Treaties in Swede● , Denmark , Holland , and Poland : And the Jesuits , who are never ●dle , endeavoured to Foment . In the Year 1640. and the Sixteenth of the Kings Reign , a Parliament was Called , in which the King pr●sses the●●or a speedy Supply , to Suppress ( what he calls ) the Violences of the Scots ; bu● this Parliament not complying with the Kings desire , were , by the advice of the Iuncto , Dissolved , having only sate Twenty Two Days . Laud , by his violent Proceedings against those called Puritans , and by his strict enjoyning of old , un-observed Ceremonies , which by many were thought Popish , procured to himself much Hatred from the generality of People ; That upon May 9. 1640. a Paper was fixt on the Royal Exchange , inciting the Prentices to go and Sack his House at Lambeth , the Monday a●ter ; but the Arch-Bishop had notice of their Design , and provided accordingly ; that at the time when they came , endeavouring to enter his House , they were repulsed . The King calls a select Juncto to consult about the Scots , where the Earl of Strafford delivered his Mind , in such terms , as afterwards proved his ruine . War against them was resolved on , and Money was to be procured one way or other : The City was invited to Lend , but absolutely re●used : Some of the Gentry contributed indifferent freely : So that with their assistance the Army was compleated , the King himself being Generalissimo , marches his Army into the North , where was some Action , in which the Scots had the better . A Treaty is then set on foot , and at last concluded ; the chief Conditions for the calling a Parliament in England , who accordingly Met , Nov. 3. 1640. And the King , in his Speech , tells them , That the Scotish Troubles were the cause of their Meeting● and therefore requires them to consider of the most expedient means for c●sting them out ; and desired a Supply from them for maintaining of his Army . The Commons began with the Voting down all Monopolies ; and all such Members as had any benefit by them , were voted out of the House : They then voted down Ship-Money , with the Opinion of the Judges thereupon , to be Illegal ; and a charge of High Treason was ordered to be drawn up against Eight of them , and they begun with the Keeper Finch , Decemb. 11. Alderman Pennington , and some Hundreds of Citizens , presented a Petition , subscribed by 15000 Hands , against Church Discipline and Ceremonies ; and then the Commons Voted , That the Clergy in a Convocation have no power to make Canons or Laws without Parliaments ; and that the Canons are against the Fundamental Laws of the Realm , the King's Prerogative , and the Property of the Subject , the Right of Parliaments ; and tend to Fa●tion and Sedition . In pursuance hereof , a Charge was ordered to be drawn up against Arch-Bishop Laud , and others , and after voted Guilty of High Treason , and sent to the Tower. The Sc●ts likewise preferred a Charge against the Arch-Bishop , and the Earl of Strafford , requiring Justice against them both , as the great Incendiaries and Disturbers both of Church and St●te . On Monday , March 25. 1640. the Earl of S●rafford's Tryal began in Westmin●ter Hall , the King , Queen , and Prince , being present ; and the Commons being there likewise as a Committee , at the managing their Accusation ; the chief of whom was Pym. The Earl made a long defence , but the Commons were resolved to prosecute him to Death , and to proceed against him by Bill of Attainder , which they proceeded to dispatch . And upon the 25th . of Ap●il , they passed the Bill , and a few days after the Lords did likewise . The Bill being finished , and the King willing to save the Earl , May 21. makes a Speech to both Houses in the Earl's behalf , and so Dismissed them to their great Discontent : Which was propagated so far , that May 23. we●e 1000. Citizens , most of them Armed , came thronging to Westminster , crying out for Justice against the Earl of Strafford . On Sunday following the King consulted the Judges , and several Bishops . M●nday , May 10. The King gives Commission to several Lords to Pass Two Bills● One the Bill of Attainder against Strafford ; the Other , for continuing the Parliament , during the Pleasure of Both Houses . The next day the King writes a Let●er to the House , to excuse his not Signing Strafford's Execution . But the Commons would not be satisfied until the Bill was signed . The Fall of this great M●n , startled many other Officers of State , and occasioned the resigning their Places . August 6. Both the English and Scot●h Armi●s were Disbanded and Four Days after , the King went towards Scotland , and was entertained with great Demonstrations of Affection by that Nation , and conferred several Places of Honour and Power upon divers of them : He confirm'd likewise the Treaty between the Two Nations , by Act of Parliament . Octob. 23. 1641. The Horrid and Notorious Massacre and Re●●llion broke out in Ireland . At which time the Irish , to dishearten the English from any Resistance , asserted , That the Queen was with their A m● , That the King would come amongst them also an● assist them ; That they did but maintain his C●use agai●st the Puritans ; That they had the King's Comm●ssi●n for what they did . Whether these Assertions w●re true or false● we shall not pretend to determine , but leave it to the Readers own Sen●iments● only we beg le●ve to incert here , by way of Parenthesis , a Letter sent to the Pop● , by order of Charles the II. when he had taken the C●ven●nt , and was professing the Presbyterian Religion in Scotland ; it was carried thither , and pressed forward by one Dallie an Irish Priest , and Confessor to the then Queen ●f Portugal , under the Title of Propositions and Motives for , and on the behalf of the most i●vincible King of Great Britain , France , and Ireland , to Pope Innocent the X. in the Year of Jubilee , 1650. which Dallie , taking France in his way , spake with the Queen Mother , and received her Directions for the better management of the Affair . Most Blessed Father , OUR Agent , at present Residing at Rome , with all Humility , shews your Holiness , That the principal Cause and Occasion of that Regicide : Tyranically perpetrated upon the Person of Charles the First , Father of the aforesaid Charles the Second , by his Rebels , and cruel Subjects ( the like whereof was never heard of ●rom the beginning of the World , not only among Civil Nations , but even among the most Barbarous themselves ) have been the Graces , Favours , and Concessions , so often and so many ways extended to the Catholick Religion , and the Asserters and Professors thereof , in the Kingdom both of England and Ireland . The Truth of which appears in that the aforesaid Charles the First gave Authority to the Marquiss of Ormond , by several Commissions , for the Establishing and Perfecting all Conditions with the Confederate Catholicks of the Kingdom of Ireland , of sufficient Security for the Catholick Faith. Furthermore , the said Charles the First , fearing lest the said Ormond ( being an Heretick ) should not satisfie the said Confederates in all things , He sent thither the Marquiss of Worcester , a Man truly and wholly Catholick , with a more ample Commission ; in which Commission , the said Marquiss of VVorcester , had f●ll Authority of concluding a Peace with the said Confederate Catholicks , and of giving them Conditions altogether satisfactory , as well concerning Liberty of Religion , as also as to other Injuries that had been done unto them ; which the said Marquiss of VVorcester , making with them an ab●olute Peace , did abu●dantly fulfil . Further , This appeareth in that the said Charles the First , even in England it self , did by Commissions set the Catholicks , namely , the said Marquiss of VVorcester , Sir Arthur Ashton , and many others . over his Armies ; and made them Governours of Cities , Castles , and Strong Holds , notwithstanding the Clamour of the People against it ; and which was not a slight motive of the Regicide committed upon him , whe●eby it appears , that although the said King Charles the First dyed not a Catholick , yet he died for them . Again ( most Blessed Father ! ) the same Agent most humbly ●epresents , That the present King Charles II. the true and undoubted Heir of the fores●id Charles I. and of all his Kingdoms ( to whom the said Kingdoms belong of Right , according to that of Christ , Give to Caesar the thing , that are Caesars ) while his Father yet lived , was known to have good and true Inclinations to the Cath●lick Faith , following which , and going on in his Fathers steps , he did not only r●commend it to the Marquiss of Ormond , but gave it him in Express Command to satisfie in all things the Confederate Ca●holicks in Ireland , namely , That he shou●d grant them the ●ree Exercise of their Religion ; That he should abrogate the Penal Laws made against them ; and that he should restore to the said ●atholicks , whether Laicks or Ecclesi●sticks , their Lands , Estates , Possessions , or what other Rights did at any time belong unto them , and by the said Laws had been unjustly taken away . In Obedience to which Commands , the said Marquiss , in the Name , and by the Authority of the said two Kings , namely , Charles the First , and Second , made and concluded a firm Peace , with the said Confederate Catholicks : By the Conclusion of which Peace , the said present King● and all his Dominions , hath involved himself with the Catholicks in an irreconcileable War against the Parliamentar●an Regicides of England , whose Blood therefore , the said Cruel Tyran●s insatiably thirst after , as they did after his Fathers . The said Agent further offers to your Holiness , That the inhumane Regicides do wickedly Usurp to themselves in the Dominions aforementioned , all the Authority of the King ; do most cruelly Persecute all the Catholicks both in England and Ireland , p●rtly by condemning them to Banishment ; partly by putting them into Prisons , and otherwise corporally punishing them ; and lastly , by putting them to Death , a Witness of the Truth hereof , is that great Slaughter made by Cromwel in the taking of the two Cities of Droghedah and VVex●o●d , and other Places , where all the Catholicks , without Distinction of either Sex or Age , were Slaughtered ; Witness hereof , also the raging Persecution and Death of Catholicks in England ; by all which , and by their Parliamentarian Decrees themselves , and their Covenant with God ( as they call it ) it is evident , even beyond the clearness of the light of the shining Sun. That these Tyrannical Regicides do ultimately intend and put forth all their Power for the utter Destruction of all Catholicks , and to ●xtirpate by the Root , and wholly to extinguish the Catholick Faith throughout the World , openly asserting and boasting with great Glory , that these things being once finished in those Dominions , they will then invade France , and after that run through Germany , Italy , and all Europe , throwing down Kings and Monarchs , whose very Titles are most odious and abhorrent unto them : Briefly , they have no other thing in their Aim than these Two , Namely , The extirpation of the Catholick Religion , and the destruction of Monarchy . To which wicked Machination of theirs , forasmuch as it could never have any the least Hopes , that either the King or his Father should at any time in the least Assent , they have put the one to Death , and the other to Exile : And these Rebels now , with a ne●arious boldness , have lately called themselves a Common-wealth . To meet with and prevent the infernal Endeavours of such Rebels , our Agent most humbly offers to your Holiness , the following Propositions . 1. That your Holiness would make an annual Supply out of your own Treasury , unto the said Charles the Second , of considerable Sums of Money , suitable to the maintaining the War against those Rebels , against God , the Church , and Monarchy . 2. That you would cause and compel the whole Beneficed Clergy in the World , of whatsoever Dignity , Degree , State and Conditions soever , to contribute the Third or the Fourth part of all their Fruits , Rents , Revenues , or Emoluments , to the said War , as being Universal and Catholick . And that the said Contribution may be paid every three Months , or otherwise , as shall seem most expedient to your Holyness . 3. That by your Apostolick Nuncio's , your Holyness would most ins●antly endeavour , with all Princes , Common-wealths , and Catholick States , that the said Princes , Common-wealths , and States , may be admonished in the Bowels of Jesus Christ , and induced to enter into , and conclude an Universal Peace , and that they will unitedly supply the said King. And that they will by no means acknowledge the said Regicides and Tyrants for a Common-wealth or State ; nor enter into , or have any Commerce with them . 4. That by the said Nuncio's , or any other way , all , and every the Monarchs of all Europe may be timely admonished , and made sensible in this Cause ; wherein , beside the detriment of the Faith , their own proper Interest is concerned : The foresaid Tyrants being Sworn Enemies to all Monarchy , as they themselves do openly assert , both by Word and Writing ; and to that end , both in Germany , Spain , France , Poland ● &c. and in the very Dominions of the great Turk , they have raised dangerous Insurrections ; being raised , they foment them , and to that purpose , they supply the Charge , and make large Contributions to it . 5. That yo●r Holyness would Command , under pain of Excommunication , Ipso facto , all and singular Catholicks , that neither they , nor an● of them , directly nor indirectly , by Land or by Sea , do serve them in Arms , or assist them by any Counsel , or to help , to favour or supply them any way , under whatsoever pretext . Holy Father ! the premised Remedies are timely to be applied , by which the Catholick Faith , now exposed to extream and eminent Hazzard , may be conserved , and infinite number of Catholicks may be preserved from Destruction , Monarchy may be established , and the most invincible King of Great Britain restor'd to his Rights : All which things will bear your Holyness to Heaven with their Praises , whom God long conserve in safety , &c. The Propositions and Motives abovesaid ( if occasion be ) our Agent will more largely set forth , Viva voce . This Letter , as it seems to clear a great portion of Doubts and Suspitions of Charles the Second's Integrity to the Prot●stant Religion ; so it is a shrewd Argument , that all that glistered in this King and his Father , was not Gold. But I must beg the Readers Pardon for this long digression . The Lords Justices sent Sir H. Spotswood from Dublin , to the King then in Scotland , with an Account of all that happened . He dispatched Sir. I. Stuart , with In●tructions to the Lords of the Privy Council in Ireland . He applied himself to the Parliament of Scotland ( as being near ) for their Assistance . And an Express was sent to the Parliament of England . The King being returned out of Scotland , December 2 d. Summoned both Houses together , and tells them ; That he had staid in Scotland longer than he expected , yet not fruitlessly ; for he had given full Satisfaction to the Nation ; but cannot chuse but take Notice of , and wonder at the unexpected Distractions he finds at Home ; and then Commends to them the State of Ireland . After which , the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King. The one was against Bishops , and Oppressures in Church Government ; and for Punishing the Authors of it . And the other contained all the Miscarriages and Misfortunes , since the beginning of the King's Reign . Not long after happened the Tumults of the London Apprentices at Whitehall , and Westminster . December 28. The King sends a Message to the Lords , That he would raise Ten Thousand Voluntiers for Ireland , provided the Commons would pay them . Some time after , the King upon Information , that the Lord Kimbolton , and five of the House of Commons , viz. Hollis , Sir A. Has●erig , Mr. Pym , Hambden , and Stroud , had Correspondence with the Scots , and Countenanced the late City Tumults ; He thereupon ordered their Trunks , Studies and Chambers to be Sealed up , and their Persons seized ; the former of which was done , but they having timely Notice , they went aside : Upon which , the Commons , the same day , Voted high against these Actions of the King. Hereupon the King Charges Kimbolton , and the five Members , with several Articles , and ●cquaints both Houses , That he did intend to Prosecute them for High Treason , and required that their Persons might be secured : And the next day , the King , attend●d with his Guard of Pensioners , and some Hundreds of Gentleman , went to the House of Commons ; and the Guard staying without , the King with the Palsgrave , entred the House ; at whose Entrance , the Speaker rises out of the Chair ; a●d the King sitting down therein , views the Houses●round , and perceives the Birds he aimed at were flown ; whereupon He tells them , That he came to look for those five Members , whom he had Accused of High Treason , and was r●solved to have them , where ever He found them ; and expected to have them sent to Him as soon as they should come to the House ; but would not have them think , that this Act of His was any Violation of Parliament . This Act of the King was highly Resented by the House , that the next day , Ianuary 5. the Commons Voted it a Breach of Priviledge : And it it was said in the City , that the King intended Violence against the House of Commons , and came thither with Force to Murther several Members , and used threatning Speeches against the Parliament . The next day the Londoners came thronging to Westminster with Petitions , envying bitterly against some of the Peers ; but especially the Bishops , as the Authors of all these Disturbances : Upon which they were so affrighted , that Twelve Bishops absented themselves from the House of Lords , drawing up a Protestation against all Laws , Orders , Votes , Resolutions , and Determinations , as in themselves Null , and of none Effect , which had Passed , or should Pass , during their Absence . Presently after which , at a Conference between both Houses , it was agreed , That this Protestation of the Twelve Bishops did extend to the deep intrenching on the Fundamental Priviledges , and Being of Parliaments : And , in a short time , they were Accused of High Treason , Seised , and brought on their Knees at the Lord's Bar : Ten of whom were Comitted to the Tower ; and the other Two● in regard of their Age , to the Black●Rod . And now such Numbers of ordinary People , daily gathered about Westminster and White-Hall , that the King ( fearing their Intentions ) thought fit to withdraw to Hampton-Court . The next day , the Five Members were Triumphantly guarded to Westminster by a great number of Citizens and Sea-men , with Hundreds of Boats and Barques . About this time the Parliament had notice , that the Lord Digby , and Coll. Lunsford , were raising Troops of Horse at Kingston , where the Country Magazine was lodged : Whereupon they Order , That the Country Sheriffs , Justices of the Peace , and the Trained Bands , shall take care to Secure the Countries and their Magazines . Lunsford was Seised , and sent to the Tower , but Digby escaped beyond Sea. The King removed to Royston , and Ianuary 20. He sends a Message to the Parliament , proposing the Securi●y of his own Rights and Prerogative ; and as to matter of their Grievances , He would equal , or exc●ed the most Indulgent Princes in Compliance with them . After this , the House of Commons importune the King to put the Militia and Command of the Tower in●o their Hands , as the only available Means , for the removal of their Fears and Jealousies . But the King not willing to Comply with their desire , signified to them , that He thought the Militia to be lawfully subject to no Command but his own ; and therefore would not let it go out of his Hands , it being derived to Him from his Ancestors , by the Fundamental Laws of the Kingdom . The King b●ing now at Hampton●C●urt , sent for the Earl of Essex a●d Holland , and other Memb●rs of both Houses , that were his Domesticks , but they refused to come . In the mean time , Mr. Pym , at a Confer●nce , complaining of the general s●ocking of Papists into I●el●nd , affirmed , That since the Lieutenant had orde●ed a stop upon the Ports , against all Irish Papists , many of the chi●f Commanders now at the H●●d of the R●bels , had been Licensed to pass thither by the King 's immediate Warrant . The King was highly● offended at this Speech , which he signified to th● House , w●o , in their Answ●r to his Message● justifie Mr. Pym's words to be the sence of the House● and that they had yet in safe Custody , the Lord Delvin , Sir G. Hamilton , Collonel Butler , and Mr. Nettervil : To which the King replys , That the afore-mentioned Persons had their Passages granted before He knew of the Parliaments Order of Restraint ; therefore expected their Declaration for his Vindication from that odious Calumny of Conniving , or under-hand Favouring that horrid Rebellion . But the King's Desire proved fruitless ; for they next moved to have Sir I. Byron tnrned out from being Lieutenant of the Tower ; and , at their nomination , Sir I. Coniers succeeded . They then proceed to Name fit Persons sor Trust of the Militia of the several Counties , particularly that for the Defence of the City of London , the Parliament , the Tower , to be Commanded by Major General Skipton . The King had deferred His Answer to their Petition , for settling the Mi●itia of the Counties , according to the Nomination , till his Return from Dover , where he took leave of his Wife and Daughter , and so returned to Greenwich ; where he being Arrived , sends his Answer to the Petition about the Militia ; That He was willing to divest Himself of the Power of the County Militia for a limited time , but not of London , and other Cities and Corporations . This Answer did not in the least satisfie ; so that the Breach growing every day wider , the King declined these Parts , and the Parliament , and moved to Theobald's . About the beginning of March , He receives a Petition from the Parliament ; wherein they require the Militia more fervently than before ; affirming , That in ease of denial , the eminent dangers would c●nstrain them to dispose of it by the Authority of Parliament ; desiring also , That He wnuld make his Abode near London , and the Parliament , for the better carrying on of Affairs , and preventing the Peoples Jealousies and Fears . All which being refused , they presently o●der , That the Nation be put into a posture of Defence , in such a way as was agreed upon by Parliament , and a Committee to prepare a publick Declaration from these Heads . 1. The just Causes of the Fears and Jealousies given to the Parliament● ; at the same time clearing themselves from any Jealousies conceived against Himself . 2. To consider of all Matters arising from His Majesties Message , and what was fit to be done . And now began our Troubles , and all the Miseries of a Civil War : The Parliament every day entertaining new Jealousies and Suspitions of the King's Actions ; They now proceed on a sudden , to make great Preparations both by Sea and Land : And the Earl of Northumberland , Admiral of England , is commanded to Rig the Kings Ships , and fit them for Sea : And likewise all Masters and Owners of Ships were perswaded to do the like . The Beacons were prepared , Sea-marks set up , and extraordinary Postings up and down with Pacquets : All sad Prognosticks of the Calamities ensuing . August 22. 1642. The King comes to Nottingham , and there erects his Standard : to which , some Numbers resorted , but ●ar shot of what was expected . And three days after , the King sends a Message to the Parliament , to propose a Treaty , which was accepted , but quickly broke off again . The War being now begun , the New raised Soldiers committed many Outrages upon the Country People , which both King and Parliament , upon complaint , began to Rectifie . The King himself was now Generalissimo over his own , and the Earl of Essex for the Parliament : The King's Forces received the first Repulse at Hull , by Sir I. Hotham , and Sir I. Meldram , and the King takes up his Quarters at Shrewsbury : Portsmouth was next Surrendered to the Parliament ; and presently after , Sir I. Biron takes Worcester for the King. In September , the two Princes Palatines ; Rupert and Maurice Arrived in England , who were presently Entertained , and put into Command by the King. This uncivil Civil-War was carried on in general with all the Ruines and Desolations immaginable , wherein all Bonds of Religion , Alliance , and Friendship were utterly destroyed : Wherein Fathers and Children , Kindred and Acquaintances , became unnatural Enemies to each other . In which miserable Condition this Nation continued for near Four Years , viz. From August the 22. 1642. ( the time the King set up his Standrrd at Nottingham ) to May the 6. 1646. ( the time when the King , quitting all Hopes , put himself into the Protection of the Scotch Army at Newark . ) During this Process of time , several M●ssag●s past , divers Treaties set on Foot , and other Overtures of Accommodation , but all came to no effect . The War in England being now ( a●ter so much Bloodshed and ●uine ) brought to some end , the Parliament were at leisure to dispute with the Scots , concerning the keeping of the King ; who , f●aring least Fairfax should fall upon them , and compel them to deliver him up , Retreated further No●thwa●d● , towards New-Castle , The Parliament sent an Invitation to the Prince of Wales , to come to ●ondon , with Promise of Honour and Safety ; but he did not think fi● to venture . The King sends from New-Cas●le to the Army , about a Treaty ; and the House of Commons Vote , That the Kings Person should be d●manded of the Scots , and that their whole Army return home , upon Recei●● of part of th●ir Arrears , the rest to be sent after them . And a Committee is appointed to Treat with the Scotch Commissioners , about drawing up Propositions to be sent to the King ; wherein much time was spent in wrangling , whilst the English deny the Scots to have any Right in the Disposal of the King of England ; and the Scots as stifly alledged , He was their King , as much as of the English ; and they had as good Right to dispose of the King in England , as the English could Challenge in Scotland : But at last they agreed on Sixteen General Propositions , which were presented to the King at New-Castle , Iuly 27. 1646. But these Propositions were such that the King did not think fit to comply withal . The Scots general Assembly sent a Remonstrance to the King , desiring him to settle Matters in England , according to the Covenants , &c. But all this did not do ; and therefore the Scots , who had hi●herto so sharply disputed about the Disposal of the Kings Person , are content , upon the Receipt of Two Hundred Thousand Pounds to depart home , and leave the King in the Power of the Parliament , who Voted him to Holmby-House , and sent their Commissioners to receive him from the Scots at New-Castle ; to whom Feb. 8. 1646. He was accordingly delivered ; and the Scots returned home . Some Petitions from Essex , and other Places , are presented to the Parliament , inveighing against the Proceedings of the Army , which much vexed the Soldiers , who sharply Apologize for themselves . And now the Army , to the great Terror of the Parliament , march towards London , and came as far as St. Alban's , notwi●hstanding a Message from Both Houses , not to come within Twenty Five Miles of the City ; which the General excused , saying , That he Army was come thither before they received the Parliaments Desire : And here he obtains a Months Pay. The Parliament then drew up Propositions of Peace to be sent to the King at Hampton-Court ; the same in substance with those offered at New Castle , and had the like effect . The Business of Episcopacy being always the main Objection , which the Parliament were resolved to Abolish : And the King preferring that before all other Respects , would rather loose All , than consent thereunto . The Scots Commissioners send a Letter , Novemb. 6. 1647. to the Speaker of the House of Commons , a●d require , That the King may be admitted to a Personal Treaty ; or at least , That he should not be carried from Hampton-Court violently , but that Commissioners of both Parliaments may ●reely pass to and from Him to Treat for the Settlement of the Kingdom , After which , divers Mes●ages past between the King and the Parliament , and several Conferrences were set on Foot , particularly that of Henderson's ; but they proving ●ruitless , the Parliament , with most of the Officers of the Army that joyned with them , brought the King to a Tryal , by a Judicature of their own setting up , which proved his Ruine . THE SECRET HISTORY OF King CHARLES II. WHEN Charles the Second was restored to the Thrones of England , Scotland , and Iroland , never any Monarch in the World came to the Possession of so large a Dominion with more Advantages to have done good sor Himself , to his Subjects at Home , and to his Allies Abroad : The People all experienced in Ma●tial Discipline , as having but newly sheathed the Sword of Civil War , and Foreign Conquest ; so that their Valour was dreaded abroad , where-ever he should have menaced an Enlargement of his Territories : Besides all this , he had the Love of his Subjects , Equal , if not Superior , to any Prince that ever Reigned before him : And he had the Affection of his Parliament to the highest degree . But after all this , he was no sooner settled in his Throne , but through the Influence of Evil Counsellors , upon a Disposition naturally Vitious , and easily corrupted with Esseminate Pleasures ; he abandoned himself to all manner of Softness , and Voluptuous Enjoyments , and harbouring in his ●osome the worst of Vices , base ingratitude , betra●ed Himself , that he might betray his People ; for where the Constitution of a Nation is such , That the Laws of the Land are the Measures both of the Soveraign's Commands , and the Obedience of the Subjects ; whereby it is provided , That as the one is not to invade , what by Concessions and Stipul●tions is granted to the Ruler , so the other is not to deprive them of their lawful and determined Rights and Liberties : There the Prince who strives to Subvert the Fundamental Laws of the Society is the Traytor and the Rebel , and not the People , who endeavour to Preserve and Defend their own . Nor must we ascribe the Miscarriages of his Reign altogether to the Remissness of his Nature , but to a Principle of Revenge , which his Mother had infused into him , not so much for the loss of her H●sband , but out of her inbred Malice to the Protestant Religion , which no where flourished in that Splendor , as in England , fostered and cherished by the vow'd Enemy of this Nation , his Brother , the Duke of York , who had been openly heard to declare in his Bed-Chamber at St. Iames's , That he was resolved to be revenged upon the English Nation for the Death of his Father ; and what an Ascendant this Brother had over over him , the whole Kingdom has felt by sad and woful Experience : For indeed the King had all along an Affection for him ; so entire , and baneful to the Nation , that he could only be said to Reign , while his Brother Ruled . With all these Royal Vertues , and imbred and fomented Animosisies , to render him at his Return a Gracious Soveraign to this Kingdom , let us trace him from his Cradle to find out those Princely Endowments , which invisibly encreasing with him as he grew in Years , dazzled in such a manner the Eyes of do●ing Politicians of that Age , to recal him against that known and vulgar Maxim of Common Prudence . — Regnabit sanguine multo Ad Reg●um quisquis unit ●b eilio● When he was but very young , he had a very strange and unaccountable Fondness to a Wooden Bi●let , without which in his Arms he would never go abroad , nor lie down in his Bed : From which the more observing sort of People gathered , that when he came to years of Maturity , either Oppres●ors and Blockheads would be his greatest Favourites ; or else , that when he came to Reign , he would either be like Iupiter's Log , for every Body to deride and contemn ; or that he would rather chuse to command his People with a Club , than Rule them with a Scepter . And indeed , They that made the first and last conjectures , found in due time they were not altogether in the wrong . For the Throne was no sooner empty by the Death of his Father , before he could be permitted to s●at himself in it , but he gave the World a plain Discovery what sort of People they were ; who , when he came to Reign , were most likely to have the principal Room in his Favour and Trust , and by whose Assistance he was in hopes to Tyrannize o●er his E●glish and Scotch ● Subject● , particularly those of the latter . For when the Parliament of Scotland sent for him ; as he was then Cruising about Guernsey , to treat about receiving him to be their King , he would not so much as transact with them , till he had first sent into Ireland , to assure himself , whether those Rebels , who had murthered no less than Two Hundred Thousand Protestants , were in a Condition or no for him to cast himself upon their Assistance . But those hopes failing , in regard they were in a fair way to be subdued themselves , he was at length inclined to entertain the Overture made him by the Scots . And yet even then was his Mind so full fraught with the thoughts of Despotical Dominion , and purposes of introducing Popery in●o his Territories ; that had it not been for the Prince of Orange , he would never have complyed with the Terms which the Scots had ordered to propose , though no other than what were necessary for the Security of the Lives , Liberties , Laws , and Religion of his People . And how he employed his Wooden ●illet afterwards , may easily be understood by his many Acts of Barbarous Tyranny` over those poor People . This Prince began early in Hypocrisie , and Breach of Promise : For the Confirmation of which , to be a certain Truth , there needs no more than to lay the Foundation of the Proof upon his own Words , and solemn Engagements . For in the King's Letter to the Speaker of the House of Commons , just before his Restauration , he has these Words : We assure you upon our● Royal Word , That none of our Predecessors have had a greater Esteem for Parliaments than We have , as well in Our Judgment , as from our Obligation . We do believe them to be so Vital a part of the Constitution of the Kingdom , and so necessary for the Government of it , that We well know , neither Prince nor People can be in any tollerable degree happy without them ; and therefore you may be confident , That We shall always look upon their Counsels as the best We can receive , aud shall be as tender of their Peiviledges , and as careful to Preserve and Protect them , as of that which is most near to Our self , and most necessary for Our own Preservation . This in part demonstrates his Prevarication with Man. Now for his Prevarication with Heaven , we must produce another Paragraph of the same Letter , wherein he uses these flattering Expressions● If you desire the Advancement and Propagation of the Protestant Religion , We have , by Our constant Profession of it , given sufficient Testimony to the World , That neither the Unkindness of those of the same Faith towards Us , no● the Civilities and Obligations from those of a contrary profession , could in the least startle Us , or make Us swerve from it ; and nothing can be proposed to manifest Our Zeal and Affection for it , to which We will not readily assent . And we hope , in due time , Our self to propose something to you for the Propagation of it , that will satisfie the World , that We have always made it ●oth Our Care and Study , and have enou●h observed , what is most like to bring Disadvantage to it . Now , as for his Veneration of Parliaments , or his Zeal for the Reformed , or truly any Religion , the Succeeding transactions of his Reign , which are to be related , will plainly make it appear how far those words were from his Heart , when dictated by his Lips. To shew that this Prince was a great Lover of Comedies and Enterludes , and could act his part with e're a Moon or Lacy of them all , there is a Story must not be omitted , which may serve to light us into the occasion , how he came to gain the addition of Pious : Otherwise , as it is impossible for us to give any Account why Virgil so often gives the Epithet of Pious to his Hero AE●eas , after he had so dishonourably cheated , and broke his Faith with Queen Dido ; so it is as little to be expected , that we should afford a reason why Charles the Second should be so universally dignified with the name of Pious , after such a prank of Hypocrisie as we are going to relate . This Story is this . While he lay at Breda , daily expecting the English Navy for his Transportation ; the Dissenting Party fearing the worst , thought it but reasonable to send a select number of most eminent Divines , to wait upan his Majesty in Holland , in order to get the most advantageous Promises from him they could for the Liberty of their Consciences . Of the number of these Divines , Mr. Case was one , who , with the rest of his Brethren , coming where the King lay , and desiring to be admitted into the King's Presence , were carried up into the Chamber next ( or very near ) the King's Closet , but told withal , That the King was busie at his Devotions , and that till he had done they must be contented to stay . Being thus left alone ( by contrivance no doubt ) and hearing a sound of groaning Piet● , such was the curiosity of Mr Case , that he would needs go and lay his Ear to the Closet Door : But Heavens ! How was the good old Man ravish'd , to hear the Pious Ejaculations that fell from the King's Lips. — Lord , Since thou art pleas'd to restore me to the Throne of my Ancestors , grant me a Heart constant in the Exercise and Protection of Thy true Protestant Religion . — Never may I seek the Oppression of those , who out of his tender●ess of their Consciences , are not free to conform to outwar● and indifferent Ceremonies . With a great deal more of the same Cant ; which Mr. Case having over-heard , full of Joy and Transport returning to his Brethren , with Hands and Eyes to Heaven up-lifted , fell a Congratulating the Happiness of Three Nations , over which the Lord had now placed a Saint of Paradice for their Prince . After which , the King coming out of the Closet , the deluded Ministers were to Prostitute themselves at his Feet ; and then it was that the King gave them those Promises of his Favour and Indulgence , which how well he after performed , they felt to their Sorrow . Soon after he arrived into England , where he was received with all the Pomp , Splendor , and Joy that a Nation could express ; but then , as if he had left all his Piety behind him in Holland , care was taken against the very first Night , that his Sacred was to lie at White-Hall , to have the Lady Castlemain seduced from her Loyalty to her Husband , and enticed into the A●ms of the happily restored Prin●e . Thus , from the first hour of his Arrival into these Kingdoms , he sat himself too much by his own P●rswasion and Influence , to withdraw both Men and Women from the Laws of Nature and Morality , and to Pollute and Infect the People with Debauchery and Wickedness . He that ought to have shown like the North-Star in the Firmament of Royalty , to direct his Subjects in the Paths of Vertue , was the Sovereign Igni● fatuus to misguide them into all the Snares of Ruine and Perdition : Execrable Oathes were the chief Court-Acknowledgments of a Deity , Fornications and Adulteri●● the Principal Tests of the Peoples Loyalty and Obedience . Certain it is , That the Kingdom was never in a better Posture for the King to work upon it , than at the time of his return into England : For such were the Contests for Superiori●y , among those who had taken upon them the Government , after the Death of Oliver ; such the Confusions and Disorders that from thence arose , that no body could probably see where would be the end of the general Distraction , unless it were by reducing all things to their primitive Condition , under a Prince whose Title was so fair to the Crown : For which all Parties were the more inflamed , by the King 's reiterated Oathes , Promises and Decla●ations to those of the Church of England , to maintain the Protestant Religion ; to the Dissenters , That he would Indulge their Tender Consciences with all the Liberty they could rationally desire . And so in●atuated they were with these Ingratiating Wheedles , that should all that knew him beyond-Sea , both at Colen and in Flanders , have spoken their Discoveries with the Voices of Angels , nay , should the Letter which he Wrote with his own Hand in the Year Sixty Two , to the Pope , have been shewn them in Capital Letters , they would have been all looked upon but as Fictious , and Inventions to obstruct the Happiness of the Nation . The king was not ignorant , that ( in order to bring his intended Designs about ) he was furnished already with a Stock of G●ntl●men . who being forced to share the misfortunes of his Exiles , and consequently no less imbitteted against those whom they looked upon as their Oppressors , he had moulded many of them to his own Religion and Interest , by Corrupting them in their Banishment with them ; insomuch , that a certain Gentleman offered to prove , one day in the Pensionary House of Commons , That of all t●e P●r●ons ( yet Persons of all Ranks and Qualities ) who sojourned with the King Abroad , there were scarce any then alive , except Prince Rupert , Lord M. and Mr. H. Coventry , who had not been prevailed upon by His Majesty to — Nor could , their being restored to their ●states at his Return , separate them from their Master's Interest ; for that , besides the future expectations , with which the King continually fed them , they had bound themselves by all the Oaths and Promises that could be expected from them , to assist and co-operate with him in all his D●signs , though they were dispensed with from appearing bare-fac'd . So soon therefore as the Parliament that gave him Admittance into the the Kingdom was Dissolved , the King call another , the first of his own Calling ; and so ordered the matter , that the greatest part of the Masked Revolters got in among the real Protestants : By which means , all things went Trim and Trixy on the King's side● They restored him the Milltia , which the Long Parliament took from his Father● They Sacrificed the Treasure of the Nation to his Profuseness and Prodigality : They offered up the Righ●s and Liberties of the People , by advancing ●is Pr●rogative ; and what was most conducing to the King's P. Designs , they made him by private Instructions , those Penal Statutes which divided the Two prevailing Protestant Parties , and set them together by the Ears , by Arming one Party of the Protestants against the rest ; such a darl-advantage to the Papists , and upon the obtaining of which , he set so high a value , that neither the necessity of his A●●airs at any time afterwards , nor the Application and Interposure of several Parliaments for removing the Grounds of our Differences and Animosities , by an Indulgence to be past into Law , could prevail upon him to forego the Advantages he had got of keeping the Protestants at mutual Enemy one with another , and making them useful to his own Designs . Nor was this all , But that he might carry on his Popish Designs the more sa●ely and covertly , under the cursed Masque of Hypocrisie , he procured the passing of an Act in his Pensionary Parliament , 1662. whereby it was made Forfeiture of Estate , and Imprisonment , for any to say , The King was a Papist , or An Introducer to P●pery . Nevertheless , notwithstanding he was thus become a Protestant by the Law of the La●d , to repeat how he exerted the Power given him by the Parliament , how he Persecuted and Prosecuted the Protestant Nonconformists throughout the Kingdom ; how he caused to be Excommunicated , Imprisoned , and Harrased , when not a Papist in the Three Kingdoms was so much as Troubled or Mole●ted , is a thing that would be altogether needless , as being so well known to the World. I had almost forgot another great kindness which the Parliament did him , which was at the private Instance of the King , to Abrogate the Trienial Act , by which the Sitting of a Parliament once in Three Years , was infallibly secured to the Kingdom . So well did this Monarch know where the Shoe pinched him ; and so crafty was he to take his Advantage from the Delirium and Frens●e , the Nation was in upon his Restoration , to obtain the repealing of the Principal Laws , by which his wrigling into Arbitrary Government would have often been curbed and restrained . But whether it were that the prodigall Zeal of those Members began to cool , conscious , perhaps that they had already opened too large a Gap to Tyrannous Invasion upon the Liberties of the People , which they had so Treacherously laid at the King's Mercy ; or whether it were that the King resolved to quicken his to Arbitrary Rule , to the end he might see Popery flourish in his own days ; certain it is , that the next attempt was to make Parliaments themselves the Ministers and Instruments of his own Popish Ambition , and our Slavery . In order hereunto , He falls a Buying and Purchasing at certain and Annual Rates , the Vote of the Members , at what time the greatness of the Number of those that stood ready for Sale ( as well as their Indigencies and Lusts ) made the Price , at which they were to be bought so much the easier . Now , being thus hired by His Majesty , with their own free Offerings of the Nations Money : How many Bills did they pass into Acts for Ensl●ving and Ruining a Third part of the Kingdom , under the Notion of Phanaticks and Dissenters ? And all this , in graritude of their Sallaries , and to accomplish the Will and Pleasure of their Lord and Master , the King , whose Bought and Purchas'd Vassals and Slaves they were ? All this while , what can we say or think other , but that the Purchaser as well as the Sellers were guilty of betraying the People , who had intrusted them ? And then to make a President by Law for Tyranny , these Hirelings empowered the Justices of the Peace to disleize Men of their Estates , without being Convicted and found Guilty by Legal Juries , of the Transgressions whereof they stood Accused : By which they not only overthrew all the Commons , and Stature Law of the Land , but they Subverted and altered the Fundamental Constitution , in making English Men liable to be turned at the Arbitrary Pleasure of the King. And as an addi●ion to this , those Mercinary Members , by the Orders and Directions of their most Pious and Protestant Pay-Master the King , past another Law , which was styled , The Act for Corporations ; by which Men of Principles and Integrity were debarred all Offices of Magistracy in Cities and Corporate Towns ; the woful effects of which , the Kingdom , not long after , both saw and felt , in the Surrender of Charters , and Betraying of Franchises , by Persons upon whom the Government of ●he Corporations came to be delivered by Vertue of that Act , which excluded so many Honest , Able , and Vertuous Men , the Persons whom the King for his by-ends , nominated for fit and Loyal Men , would never have risen above the Offices of Scavengers , Headboroughs , or Constables at the highest . To this , as mainly contributed to the King's Design of Enslaving us , we may subjoyn their passing an Act , whereby they did bo●h limit and confine those that were to present Petitions to the King , not to exceed Ten Persons . Let the Matter to be represented be ne're so Important , or the Grievance to be redress'd never so Illegal or Oppressive , yet it was made no less than a Riot , if above Ten Persons Address'd themselves to the King to crave the b●nefit of the Law : A Trouble which the King c●re●ully provided against , knowing how many La●s he had to break , and how Burthensome and Oppressive he must be to the People , b●fore ●e could compleat the Fabrick of Slavery and ●●p●ry , which he was Erecting . Nor was this all , For the King being Conscious ●f his own sa●●ing , and finding that through his own 〈◊〉 , and the Importunities of his consuming Mis●es , he could not depend on any defini●e Su●m for accomplishing his Promises to his Holy Father , the Pope , and his Trusty Confederate the French King , got Two Bills prepared , and carried into the House , the passing of which , had compleated the Nations Misery , and made him Absolute . The one was , To Empower His Majesty upon extraordinary Occasions ( of which he would not have failed to have been the Judge as often as he pleased ) to raise Money without a Parliament : And the other was , For settling an Vniversal Excise upon the Crown . The Passing either of which , the King well knew would have been soon enabled him to have Govern'd by Basha's and Ianizaries , and redeem'd him from having any further need of Parliaments . But what the King had so finely projected to enslave the Nation , and obtain whatever he had a mind to , prov'd the Ground of their Disappointment , and the occasion o● the Nations escape from the snare that was laid for it : For the Mercenary Members fore-seeing , That the passing these Bills would have put an end to these Pensions , by rendring them useless for the time to come , consulting their Gain , and preferring it above what the Court called their Loyalty , fell in with the honest Party , and so became assistant in throwing out the Bills . However , Piou● AEneas finding the Nation grew sensible of his covert Intentions , and Encroachments upon their Laws and Liberties , and desparing of getting any more Acts passed in Parliament , toward the promoting his Desings , resolved to Husband the Laws he had already obtain'd , as much as he could , to the Ruin of the N●tion ; and where they failed of being Serviceable to his Ends , to betake himself to other Methods and Means : And therefore , besides the daily Impoverishing , Confining , and destroying of infinite numbers of Honest and Peaceable People : Under pretence of Executing the Laws , he made it his business to invent new Projects to tear up the Rights and Liberties of the People , by ways and means which had not the least shadow of a Law to countenance them . Having made this fair Progress towards the enslaving both the Souls and Bodies of his own Subjects at home , let us take a view of his Zeal to the Protestant Religion abroad . And first for the Protestants of France : When Monsieur Rohan came into England to acquaint his Pious Majesty with the Resolutions taken at Paris to persecute , and if possible , to root out the Reformed in France , and proposed Overtures to the King , as would have been greatly for his Glory and Interest , yet no way contrary to the Allegiance of that poor People , he remitted the Monsieur to his Brother , the D. of York , who not only inform'd the French Ambassador of the Gentleman's Errand , but placed him behind the Hangings , to hear what Monsieur Rohan had to represent and propose to him . Which , although the Ambassador to could not but abhor in the Two ●rothers , and was asham'd of in himself , yet he could do no less than inform his Master of what he had seen and heard . Upon which , the poor Gentleman , on his Return out of England , was so narrowly watched , that being Apprehended upon the Borders of Switzerland , he was carried back to Paris , and there broken upon the Wheel . Nor did it satisfie ●he King and his dear Brother the Duke , to have thus Betray'd , as well as Abandoned the Protestants in France ; but with the utmost Malice that Popery could inspire into them , they sought the Destruction of the Seven Uni●ed Provinces , upon no other Account , but their being Protestant States , and for giving Shelter to those who being Persecuted by himself and his Confederate ( the French Tyrant ) for their Religion , fled thither for Protection and Safety : For knowing what in due time they intended to bring upon the Protestants at home , they thought it most requisite to destroy those Protestant States in the first place , that there might remain no Sanctuary for their Persecuted Sub●ects : And indeed , abaring this , and one more Ground of their Quarrel with those State● ; never was a War undertaken upon more ●rivilous Pretences , than those Two which the King engaged in against the Seven Provinces , in the Year 1667. and 1672. Nor can any thing justifie the Discretion and Wisdom of the Wars , had they not been undertaken meerly in Subserviency to the promoting Popery and Slavery ; seeing , that upon all other Grounds that Reason and Prudence can suggest , it was the Interest of England , as still it is , to preserve the Government of Holland entire . Nor can we have a true Account of the Grounds , upon which the Two Monarchs of England and France agreed the War against Holland , in the Year 1672. than by the Representation which the French Ambassador made of it both at Rome and Vienna . For tho' his Publick Declaration pretended no more , but that it was to seek Reparation for the Diminution of his Glory ; yet the Account he gave to the Pope of his Masters , and consequently of our Protestant Mon●rch , his first Confederate , undertaking that War , was , That he did it in order to the extirpation of Heresie : And in the same manner they sought to justifie the Piety of that Enterprize to his Imperial Majesty , by alledging , That the Hollanders were a People that had forsaken God ● and were Hereticks , and that all good Christians were bound to Associate and Unite for their Extirpation . Upon which Account it seems , our King and the Duke thought fit to exchange the Appellation of of G●od Protestants for that of Good Christians . However , from hence it was plain , what sort of Good Christians they were , since it was evident , that their Uniting with France in that War , was to des●roy the P●otestant Dutch Hereticks . These being the real Grounds and Motives that induced the King of England to begin that Impolitick War ag●inst the Dutch , in the year 1665. whatever was openly and publickly pretended . How strangely was the Parliament deluded and blinded by the King's Oaths , and Protestations of his Zeal for the Protestant Religion ? What Sums of the Subjects Money they gave this Monarch , to defray the Expences of that nnnecessary and baneful War , is too well known ; and yet after all , saving one brisk Engagement ill manag'd , tho' with some los● to the Dutch , at length no Fleet was set out , and the choicest of their Royal Navy either Burnt , or taken in Harbour to save Charges . And though the French at leng●h joyn'd themselves in assistance with the Dutch against us , yet , by the Credit he had with the Queen-Mother , he so far imposed upon , that upon assurance , which no M●n of Prudence and Foresight would have believed , That the Dutch would have no Fleet at Sea that Year , he forbore to make ready , and so incurred that ignominious Disgrace at Chatham : the like , to which the English never suffered since they claim'd the Dominion of the Sea. And now we come to the best Act that ever he did in his Life , had he pursued it ; which shewed how happy a Prince he might have been , had he been ever faithful to his own , and the Interests of his People , and that Religion which he outwardly profest . For upon Conclusion of that Peace , having leisure to look about him , and to observe how the French had in the Year 1667. taken their opportunity , and while we were embroyled and weakned by the late War , had in Violation of all the most Sacred and Solemn Oaths and Treaties , Invaded , and Taken a great part of the Spanish Netherlands , which had always been considered as the natural Frontier o● England ; the King then prompted more by his own Fears , then out of any kindness he had for the Nation , judg'd it necessary to interpose , before the Flames that consumed next Neighbour should throw the Sparks over the Water . Thereupon he sent Sir William Temple , then his Resident at Brussels , to propose a nearer Alliance with the Hollanders , and to take joynt Measures against the French ; which Proposals of Sir William Temple's being entertained with all Compliance by the Dutch , within Five days after Two several Treaties were concluded between the King and the States : The one a Defensive , and stricter Leag●e than before , between the Two Nations ; and the other a joynt and reciprocal Engagement to oppose the Conquest of Fland●rs , and ●o procure , either by way of Meditation , or by ●orce of Arms , a speedy Peace between France and Spain , upon the T●rms therein mentioned : And because Sweeden came into the same Treaty , within a very little while after , ●rom the Three Parties concern'd and engag'd , it was called the Tripple League . In pursuance of which , the Treaty of ●ix la Chapelle was also forc'd upon the French , and in some measure upon the Spaniards , who were unwilling to part with so great a part of their Country by a Solemn Treaty . The King of France thus stopped in his Career by the Tripple League , and by the Peace of Aix la Chapelle , soon after concluded , tho' for a while he dissembled his dissatisfaction , yet resolved to untye the Tripple League , whatsoever it cost him , and therefore set his Counsels to work , to try all the ways he could possibly think on , in order to compass his sad Design . To which purpose ( and as it 's generally thought , that which a●●ected it ) the Dutchess of Orleance was sent over to Dover ; where , if common Fame say true , several Chamber Secrets were performed . This Treaty was for a long time , a work of Darkness , and lay long concealed , till the King of France , to the end the King of England being truly set forth in his Colours , out of a despair of ever being trusted , or forgiven by his People hereafter , might be push'd to go on bare faced , and follow his steps in Government , most Treacherously and Unking like , cau●ed it to be printed at Paris ; though upon Complaint , made at the French Court , and the Author ( though he had his Instructions from Colbert ) to humour the King , committed to the Bastile for a short time , and then let out again . However , the Book being Printed , some few Copies lit into safe Hands ; from whence take the Substance of the Mystery of Iniquity as followeth : After that Monsieur de Croisy , the French Embassador at London , had laid before the Eyes of the King of England , all the Grounds which his Majesty had of Complaint against Holland , &c. He told him , That the time was come to revenge himself of a Nation that had so little Respect for Kings , and that the occasion was never more favourable , seeing many of the ●rinces of Germany were already entred into the League ; and that the King of France was powerful enough to be able to promise to his Allies , in the Issue of that War for satisfaction , both as to their Honour and Interests , whereby he prevailed with that Prince to enter into Secret Alliance with France . And for his greater Assurance , and the more to confirm him , Henrietta , Dutchess of Orleance , went for England , and proposed to her Brother , in the Name of the most Christian King. that he would assure him an abs●lute Authority over his Parliament , and ●ull power to establish the Catho●ick Religion in his Kingdoms o● England , Scotland and Ireland : But withal she told him , that to compass this before all things else , i● would b● necessary to abate the Pride and Power of the Dutch , and to reduce them to the sole Province o● Holland ; and that by this means the King of England sh●●ld ha●e Zeal●nd ●or a Retreat , in case of necessity , and that the rest of the Law-Countries should remain to the King of France , if he could render himself Master of it . This is the Sum of that Famous Leage , concluded at D●v●r , framed and entred into on purpose , for the Subjuga●ion of these Three Nations to Popery and Sl●very . Soon ●fter this , the Emperor o● Germany , the Duke of L●rrain , and several other G●rman Princes , desired to be admitted into the Tripple League , but it was absolutely refused them . Nay , So soon as the Two Cons●derate Monarc●s ha● thus made a shift to cut the Gordian Knot , the now pitiful , but formerly vaunted Tripp●e Leagu● , was trampled under foot , turned into Ridi●ni● and less valu●d than a Ballad : Insomuch , that to talk of admi●ting others into the Tripple League , was appr●hended in Print as a kind of Fi●●● of Speech , comm●nly called a Bull. And this i● is plain , Th●t the T●i●ple Lea●ue was 〈…〉 to the Ends of the French King , to ruine the Dutch , and to bring the Three Kingdoms of England , Scotland , and Ireland , under the Yokes of Ar●itrary Power , and Roman Catholick Idolatry , after a Total Abolition of the Name of Parliaments , and Subversion of the Fundamental Laws , Gratias tibi piissime atque invictissime Rex , Carole Secunde . And that he might not as much as in him lay , meet with after rubs , Mr. H. C. was dispatched into Sweeden , to dissolve the Tripple League in that Kingdom ; which he did so effectually , by co-operating with the French Ministers in that Court , that the Swede , a●ter it came to Rupture , never assis●ed to any purpose , ●r prosecuted the ●nds of the said Alliance , only by Arming hims●lf at the expence of the League ; first under a disguised Mediation , acted the French Interest , and at last threw off his Vizard , and drew his Sword on the French side in the Quarre● . And at home , when the Project repined , and grew hopeful , the Lord-Keeper was discharged from his Office , and both he , the Duke of Orm●nd , Prin●e Rupert , and Secretary Trevor , were discarded out of the Committee for Forreign Affairs , as being too honest to comply with the Intreagues th●n on Foot. The Exchequer for some Years b●fore , by the B●it of more than ordinary Gain , h●d de●●y'd in the greatest part of the most Wea●thy Goldsmiths , and they the rest of the Money'd Pe●ple of the N●tion , by the due Payment of Interest , till the King was run in Debt , upon what Account no Bod● knew , above Two Millions St●rling , which served for one of the Pretences in the Lord-Keep●rs Speech , at the opening of t●e Parliamen● , to demand and obtain a Grant of the fore-men●ioned Supplies , and might plentifully have sufficed to dis-engage the King with Peace , and any tolerable good Husbandry : But as if it had been perfidious to have applied them to any of the Purp●ses declared , instead of Payment , it was privately resolv●d upon to shat up the Exchequer , lest any p●rt of the Money should have been legally exp●nded , but that all might be appropriated to the Holy War in prospect , and those f●r more Pious uses to which the ●ing had Dedicated it . This Affair was carried on with ●●l the Secresie imaginable , lest the unseasonble venting of it should ●ave spoiled the Wit and M●lice of the Design : So that all on a sudden , u●● the first of Ia●uary , 1671. to the great Astonishment , Ruin and Despair of so many Interest Pe●sons , and to the Terror of the whole Nation , by so Arbitrary a Fact , the Proclamation Issued forth in the midst of the Confluence of so many vast Aids , and so great a Revenue , whereby the Crown published it self Bankrupt , made Prize of the Subject , and broke all Faith and Contract at Home , in order to the breaking of both Abroad with more Advantage . What was this but a Robbery committed upon the People , under the Bond and Security of the Royal Faith ? By which , many Hundreds were as really impoverished and undone , as if he had violently broken into their Houses , and taken their Money out of their Coffers : Nay , that would have look●d Generous and Great , whereas the other was Base and Sneaking : Only it seem'd more agreeable to His Majesty's Temper , to Rob his Subjects by a T●ick , than to Plunder them by direct and open Force . There remained nothing now , but that the King , after this Famous ●xploit upon his own Subj●cts , should manifest his Impartiality to Foreig●ers , and assert the Justice of his intended Quarrel with the H●llanders . Thereupon , the Dispute about the Flag , upon occasion of the Fansan Yatch , was started a fresh , and a great noise was made of Infamous Libels , horrid Pictures , Pillars set up , and Medals Coined , to the infinite dishonour of his Majesty's Pe●son , his Crown and Dignity , though not one of the Libels or Pictures could be produced ; and as for the Pillars , they never had any Being , but in the imagination of those that made it their business to raise Jealousies between the Two Nations . 'T is true , there was a Medal coin'd , which might have been spared ; but so soon as it was known in Holland , that Exceptions were tak●● as it , the Stamp was broken to p●eces . Some time after , the French King seeing the English ( after the Affair of Sir R. H. on the Smirna Fleet ) engaged past all Retrea● , comes in with his Fleet , not to Fight , but only to sound our Seas , to spy our Ports , to learn our Building , to learn our way of Fighting , and to consume ours , ●and preserve his own Navy : For no sooner had the Duke of York , as the Design was laid , su●●ered himself to be shamefully surprized ; but the Vice-Admiral , ● the Earl o● Sandwich was Sacrificed , and the rest of the E●glish Fleet so torn ●nd mangled , that the English Honour was laid not in the Dust , bu● in the Mud , while his Royal Highness did all that was expect●d from him , and Monsieur D' Estre●s , who Commanded the French , did all that he was sent for . There was Three other several Engagem●nts o● ours with the Dutch the next Summer . But while nothing was tenable at Land against the F●ench , so it seem'd , that to the English every thing was impregnable at Sea , which was not to be ar●ri●●ted to the want of Courage , or Conduct o● the then Commanders , but rather to the unlucky Conju●ction of the Engi●sh to the French , like the Disasters that happen to Men , by being in ●ll Company . In the mean time the hopes of the Spanish and Sm●rna Fleet being vanished , the slender Allowance from the French , not sufficing to defray farther Charges , and the ordinary Revenue of His Majesty , with all the former Aids , being in less than one Years time exhausted , the Parliament , with the King 's most Gracious leave was permitted to Si● again at the time appointed . At what time , at the King 's and the Lord-Keepers usual daubing way , the War was first Communicated to them , and the Causes , the Necessity , and Danger so well pointed out , that upon the King 's earnest Suit , the Commons , though in a War begun without their Advice , readily Vo●ed no less than One Million , Two Hundred and Fifty Thousand Pounds Steoling , though they would not say it was ●or the War , but for the King 's extraordinary Occasions . And now the King , having got the Money into his H●nds , a new Project was set on ●oo● , to set up an Army in ●ngland , for the introducing of Slavery and Poper● , under the pretence of Landing in Holland , which was raised with all the expedition imaginable . over which was Coll. Fitz Ge●ald , an Irish Papist , made Major-General , so were the greatest number of the Captains , and ot●er Officers of the same stamp . And because that pretence was soon blown over , it was afterwards still continued on foot , und●r the more plausible Colour of a War wi●h France . But after all these cunning Contrivances , to do with them what he pleased ; whereas before the● h●d Power to A●semble every Three Years , by an Enacted Law : And no le●s frankly they Surrendred the Power of the Militia into his Hands ; of both which Acts , being done in haste , they had leisure enough af●erwards to repent . But notwithstanding all the great Kindness of this Parliament , and their more than extraordinary Liberality to the King , of several Millio●s of the Peoples Money , which was with the same Profusion , wasted upon his Pleasures , and the carrying on his Designs for the Introducing of Popery and French , not a Penty hardly to the good of the Nation , while ●h● S●amen were sed with a Bit and a Knock ; and the Merchants that supplied the Stores of the Navy were Cheated of their Money , and never paid to this day ; with what Scorn and Contempt he ●sed them , and how far from that Esteem and Veneration he profes●ed to have for them , while he was wheedling for his Restauration , is apparent to all the Kingdom . 'T is true , the King continued them till all Men of impartial Knowledge and Judgment thought them Dissolved by Law ; and ●ill that they were Dissolv'd by himself , the 25th . of Ianuary , 1678. not that they Sat so long , but were discontinued , and contemptuously spared from Meeting to Meeting , many times by the in●imated Orde●s , and to promote the Designs of the French King , and ●ever suffered them to Sir , but when the King was in extre●m necessity of Money . Among the rest o● those Proroga●ions , there was one , at a time when the greatest urgency in Affairs , the grea●est danger that threatned the E●glish Nation , required their Sittlng , when they were diving into the Bottom of the Popish Plot , and endeav●uring to bring to condign Punishment the chief Instruments , which the King had made use o●●o comp●ss his Arbitrary and Popish Design : Very remarkable is the Actions of the Preceding Night , which was follow'd by the Morning Prorogations ; the relation of which is so gross , that we think to draw a Curtain over it , lest common Fame should lead us into an Error in any particular . However , this is certain , that Prince Rupert the next Morning , understanding what Resolutions were taken , pressed the King with all the vehemency imaginable , that Argument and Reason could enforce ; but at the same time the Duke of York stuck close to his Pro●her , telling him , That his Cousin Rav'd , &c. so that the Duke that advised for the Ruine of the Nation was believed ; but the Pri●ce that spoke his Mind freely for the Good of the Kingdom was dismisled for a Mad-man . So well did the King Act his Part , that when his well-meaning Counsellors lent their assisting hands , to prevent the Consequences of French and Popish Dictates , they were mistaken in the Man , and gave their wholsome Advice to him that was not ●ound to take it . During this Sessions of Parliament , many foul things came to light ; for while the King had raised an Army , and pr●ssed the Parliament for Money to maintain them , under pretence of making a War with France , which was the earnest desire of all the Protestant p●rt of the Kingdom . The Parliamen● were ●ully informed , that while the King boasted of the Allia●ces which he had made for the Preservation of Flanders , and the Protestant Religion , both at home and abroad . he was secr●tly entred into Treati●s and Alli●nc●s at the same time with the French King ; and Mr. Garroway of the House of Commons had gotten a Copy of the private Tre●ty between the King of England , and the French King , at the same Inst●nt that the Secretary and the others of the Court Par●y cried out a War ; i●somuch that several that were then in the House of Commons began to blush when they saw the Cheat so palpably discerned . It was farther discovered , That a great Favoueite of the Dukes had been sent over into France , under a pretence o● Expostulating , and requiring Satisfaction for the Injuries which the English had received from the French ; but in reality to carry the Project of Articles for the Peace , and to the set●le and confirm all things fas● about the Money that was to come from France , and to agree the Methods for Shamming the Con●ederates , about their expected Alliances . They found themselves cheated of all the Pole Bill Money , which they had given so little a while before , upon the Assurance of a War intended against France ● the greatest part of which they perceiv'd was immediately , tho appropriated to the French War only , converted to other Uses , as the paying of old Debts , so that very little was left for paying any Necessaries bought , or to be bought , towards the pretended War with France . Nor were they ignorant of the real Design for which the King had raised his Army , and what care the King and his Brother took , that there should be no other Officers in that Army , than what were fit for the Work in Hand , which was to introduce Popery and French Government by main force . The greater part being downright Papists , or else such as resolved so to be upon the first In●imation . The Duke recommending all such as he knew ●it for the Turn , and no less than an hundred Commissions were Signed to Irish Papists to raise Forces , no●withstanding the Act , by which means both the Land and Naval Forces were in safe Hands . And to compleat the Work , hardly a Judge , Justice of the Peace , or any Officer in England , but what was of the Dukes promotion . Nor were they ignorant of the private Negotiations of the , Duke , carried on by the Kings Connivance with the Pope , and Cardinal Norfolk , who had undertaken to raise Money from the Church , sufficient to supply the King's Wants till the Work werd done , in case the Parliament should smoke their Design , and refuse to give any more . Nor was the Parliament ignoran● what great Rejoicing there was in Rome it self , to hear in what a posture His Majesty was , and how well provided of an Army and Money to begin the Business . The Parliament also understood , while they were labouring the War with France , and to resist ●he growth of Popery and Arbitrary Power , That the King underthand assisted the French with M●n and Ammunition of all sorts ; and soon after that , a C●ssation was concluded , both at Nimeguen and Paris . That the King had got some Money from France for that Job ; by which the French King was now sure to hold all his Conquests ●bro●d which had England been real to the Co●●ed●rates , might have been easily wrested out of his Hands . But it seems it was not so mu●h Money as our King expected , which made him Angry ; so that he began to threaten , That if the F●ench King did not perform his Promise of 300000 l. Annuity for Three Years , he would undo all tha● he had done against the next Parliament . But the French King derided those vain Threat● , menacing in his turn , That if the King of England would not be content with his T●rms , and do and say to the Parliament according to his Directions , he would discover both him and hi● Correspondents in betrayi●g the N●tion , and discover all his Secret Con●rivances against the Kingdom , as afterwards he Published the Dover Treaty at Paris , which was the reason , that a●ter ●h●t His Maiesty of England never durst disoblige the French Mouns●●eur , but became a perfect Slave to his Interest : a Bondage he never needed to have undeagone , had he been but half as sincere to his English Parliament : But to them he was never true , with them he always broke his Faith and Royal Word . So that now all things running on the Papistical side , to their Hearts desire , what with the Popish Soldiers , Popish Officers , Popish Councils , Popish Priests and Jesuits , swarming about the Town and Country , and France at leisure to help them , who had helped him to be more a Conqueror by the Peace , than he could have expected by a War. The Duke of York was for the King 's pulling off his Vizard , and for setting up Alamode of France according to what had been so often debated at W●ite-Hall , and St. Iame●'s . But while the King and his Brother were thus riding Post to ruine the Laws and Religion of the Kingdom , the Discovery of the Popish Plot by Dr. Oats , broke all their Measures for a time , by laying open their Secret Contrivances for the introducing of Popery and Arbitrary Government● This Plot was no sooner made known to the King , but he imparts it to the Duke ; not the knowledge of the Plot , ●or that he knew before , but the News of the Plots being discovered . Upon which they set themselves , with all the Care they could , to stop the further Progress of the Discovery . To which purpose , the Duke gives notice of it to his trusty Secretary Coleman , and the Priests and Jesuits in the Sav●y ; by which means , what Popery and Persons were to be concealed and conveyed away , was carefully look'd after . All this while , by this seasonable Detection of the King and his Brother to the Priests and Jesuits , Oates himself narrowly escaped being Massacred . Oates finding himself thus Betrayed , and abandoned by the King , applies himself to Sir Edmundbury Godfrey , with a Scheme of the Plot fairly drawn up , by that means to be introduced before the Council , to have the Business there unfolded , which , with much ado , was done , and Oates sent for to be Examined at White-Hall , where he managed himself with that Courage , that tho he were Brow-beaten , and opposed most strenuously ; tho there were many that studied by all the ways and means imaginable to dash and confound him , yet it was impossible ; he stood as firm as a Rock , and gave such pregnant Reasons for what he said , that the Council , how unwilling soever to meddle , or stir in his behalf , yet at last were constrained , by the clearness of the Evidence , to grant Warrants for the seisure of several Priests that Night , who were taken and sent to Prison . Upon this followed the Assassination and Murther of Sir Edmundbury Godfrey , perpetrated by the Countenance and Contrivance , nay , express Command of the Duke : For proof of which , a little opening of the Cause and Occasion , and a short Relation of the Effects , Consequences , and Events which ensued upon it , will both enlighten us to the Truth of Matters , and confirm our Belief , who were the Authors of , and Acc●ssors to it . For , as has been already said , That Gentleman had received an Information upon Oath , from Dr , Oates , about a Plot against our Laws , Lives , and Religian ; but finding something in the Deposition that reflected upon Mr. Coleman , with whom he had an intimate Acquaintance ; he thereupon took an opportunity to let him understand what Information he had received , and to tell him , That the only way to justifie his own Innocency , was , To contribute all his Endeavours and Assistance to prevent so bloody a Design : But Coleman , instead of denying the Truth of those things which Sir Edmund related , or offering his endeavours to obstruct the Progress of it , or to defeat the Success of that Plot , not only acknowledged , That there was a Conspiracy against our Laws , Liberties , and Religion , but it was advanced so far , and seconded by Persons of that Quality in the Nation and Figure in the Government , there was no possibility to give a Lett or Dis●ppointment to it . And more particularly , he told him , That the King was a Promoter himself of the Design of Overthrowing the Protestant Religion , and altering the Government : which Coleman calling to Mind , after his being committed to New-Gate , and considering , That by that means Sir Edmund was enabled to co●e in a second Witness against him . He therefore ordered it so , as not only to get the Duke acquain●ed with his own Danger , but that his Highness and Others , whom he had mentioned in his Conversation with Sir Edmund , were in the same Predicament , and would certainly be brought upon the Stage . To which he received this Answer from the Duke , That he should not be apprehensive of any danger from Sir E●mund , in regard there would be a way found out to prevent his hurting of Coleman , or any body else . Now , that he was thereupon most Barbarously Murthered , is a thing too well known ; and then who were concerned , the Circumstances make it plain . First , The Circumstance of the Place , viz. S●merset-House , leading to the Savoy , in some of the Apartments of which said House , the Murthered Body was also concealed for several days . The next Circumstance was , The Guarding of the Ga●e and Avenues of the Palace so strictly all that time , and denying the People their wonted Liberty of Access ●o the House , and Passage through ; which could not have been done , but by the King's Authority . Nor would some great Ladies have adventured to have gone and viewed the Body while it lay there concealed , by which they involved them●elves in the Guilt of the Crime , but that they knew they could hardly be called to an Account for it , considering by whose Connivance and Command the Fact was committed . Nay , some severe Cens●res were passed on the Account , and others which were Charged with that Murther , were protected from Justice . Add to this , That when we consider the Motives ; that urged the necessity of this Murther , which was Coleman's having acknowledged to Sir Edmund , That the King , as well as the Duke , was in that part of the Conspiracy , to alter the Government , and overturn our Religion : And no body , at that time , was more ●●rry for the Detection of the Plot than the King ; neither did any body labour afterwards to ba●●le the belief of it more than he did . Nor had he any thing in the World to excuse himself for so doing , but that he was concerned in that part of the Popish Plot which related to the overthrow of the Religion and Laws of the Nation , and the destruction of the Chief and most Zea'ous Protestants of the Kingdom , as was sufficiently acknowledged by Coleman , not only to Sir Edmundbury Go●frey , but to the Committ●e of P●rli●ment that Examined him at Newgate : Which was so plain , that nothing influenced those Gentlemen to conceal ●hat part of his Confession in their R●por● to the House , but their pity and compassion ●o th● King , which would not permit them to expose him so black ; tho it was as certain , that they frequently imported their knowledge to their Friends . No● did it a lit●le add to confirm the Truth of what is here related . That Emislari●s should be s●nt from the Court to deal under-hand with the Coroner and the Jury , to have gotten a Verdict of Felo de se ● But the Proofs of his being murthered were so apparent ; such as his Neck being broke , and the cleanness of his Sho●s , that nothing could corrupt the Jury from bringing it in otherwise than it was . Under these distresses did the King and Duke labour , terribly afraid of the approaching Parliament , for the sake of their Popish Minions and Instruments , whose utmost Care and Industry could not prevent it● but that several of Coleman's Letters and Papers were found , which detected the Negotiations of the King and Duke , ( for all the World can never separate them , by maintaining that the Duke durst ever have transacted such Treasons abroad , being then no more than another Subject , without his Brother's consent ) so that they were in an extraordinary quandary , whether the Parliament should Sit or not : But the King 's extream necessity for Money prevailed upon him to let them Sit : Besides that , the King who had all along acted under his Protestant Mask , was sensible that the Kingdom would have cry'd out Shame● had he put off the Parliament at such a conjuncture of Combu●tion and Distraction as that was . But when the Parliament met , according to the usual wont , how many Stories and Shams was there endeavoured to be put upon them ? For in the interval of the Session , notwithstanding that the Parliament had giv●n him Money to Disband the New-raised Army , He , to try an Experiment how the Nation would brook his wrigling i●to that Arbitrary Power which he aimed at all along , had spent the Money upon his other Occasions , and kept up the Army still . Nevertheless , to excuse the Fraud which he had put upon the disgusted N●tion , he tells the Parliament , That he had been obliged ●o keep up his Troops , to keep his Neighbours from absolute Despair ; and that he had b●en sollicit●d from abroad , not to Disband them . Now , was ever such a Story told by a Prince , and vouched in the Face of the Nation by a bred Lawyer , viz. his Chancellor , to justifie the Breach of a Law of the Three Esta●es of the Kingdom , as soon as made ; and then to ●●im the Parliament off , with Christendom , and the Worlds commending us for the breaking our own Laws , to patch up a Peace , which tended to nothing but the ruine of those for whom it was made . The Sum of which was , in short , that the King , to serve his own Arbitrary Ends , had run himself into an Inconvenience , by defrauding the Nation ; however , the Parliament was to be contented with it , and to pay for it to boot ; that is , to pay double for the keeping up a Popish Army to secure the Protestant Religion . But the Parliament taking little notice of these fine Stories , fell to the main Business , which was , to sound the depth of the Plot. Upon Examination of which , notwithstanding that many Papers of great Importance had , with a more than ordinary Industry been conveyed away ; ●et , by those that were sound , so much appeared that the House Vo●●d it to be a Damnable Plot , to root up and des●●●y the Religion and Government of the Kingdom ; and privately got the Lord Chief Justice Scroggs to Sign Warrants for the Apprehending the Popish Lords , which was done accordingly . An● for their further Security , they prepared a Bill for putting the Nation into a posture of Defence , and for raising the Mi●i●ia throu● hour the Kingdom , to be in A●ms for so many days , which passed both Houses without ●ny difficulty ; but the King , out of his Zeal to the Protestant Religion , refused to Pass it . And then it was , that the Parliament found too late the Complement which they had pas●ed upon him , in returning him the Power of the Militia , which he made use of keeping up standing Armies for their Destruction , but refused for the Security of the Nation . This therefore not prevailing , they began to provide against Papists Sitting in either House ; and ●ram'd a Bill , with a Test to be taken by every Member of both Houses , ● or else to losse th●ir Seat. This , though his Protestant Majesty did not openly oppose himself , yet after a close Consul●ation held at St. Iames's , He ordered all his Instruments in the Lords House to wit●stand the passing of it there● which , though ●hey could not Effect , yet they prevailed so far , that they got a Proviso in it ●or the D. of York , whereby they did him the kindness as to declare him a Papist to all the World. After this , the Parliament proceeded to the Impeach●ng of such Persons as they had found to be d●epest in the Contrivance of all our Mischiefs ; but , That his Majesty lookt upon 't as a Business that so ●early concerned his own Honour , that , like his Father , when the Duke o● B●ckingham was accused of poysoning Iames I he would not end●re the Parliament , in such a Iehu-like Chase after the Popish Conspirators , but Foot ba●●ed them again with a Prorogation for several Months . So careful was his Pro●estant Majesty to sti●e as much as in him lay , and to prevent the Prosecution of an In●ernal Plot , which he knew was so deeply laid , like the Axe of Popary , to the Root of all his Protestant Dominions . Nor was this all , for so soon as he had dismissed the Parliament , and had secured his Accomplices , he took all the Care imaginable to discredit Oates and Bedlow's Evidence . Forty One was again inculc●ted into all the ignorant Pa●es about the Town , and Merry ● Andrew ( Roger ) had his Pension out of the Gazette , coutinued to ridicule the Plot , which he did in a most leud and shameless manner ; and Money given to set up a new Divinity Academy in a publick Coffee-House , to Act the Protestant Whore of Babylon , and give about his Revelation Cup to the Raw Inferior Clergy , and instract them in be●●er Doctrine than ever they learnt in the University . Nor did he stop at the endeavouring to discredit the Testimonies of those Witnesses , but sent his Head Emissa●ies to corrupt them to a denial , and retracting what they had discovered ; and when that would not do , Kn●x and Lane were sub-armed to accuse Oates of Buggery , thereby to have taken him . Add to this , his Dissolving of this Enquiring Parliament , at the Solicitation of the Duke ; and the extraordinary diligence of his Protestant Majesty to get the next Parliament fit for his Turn , which was suddenly to be called , to stop the Mouths of the People . To which purpose , all the Money that could possibly be spared out of the Exchequer , was Issued out to divers Persons , to manage the Elections all ov●r the Kingdom , under the old notion of Secre● Service ; in one Article 1500 l. in another 2000 l. and the Guineas flew about the Country far and near to the Corporations , to Hire Places , and get fit Men , the Heads of the Counties and Corporations were sent for , and told what Men would be serviceable and acceptable to the King● and particularly the Gentlemen of E●sex were sent to , by the Chief Justice Scroggs , and Cau●ions that they should not chuse Mildmay whatever they did . And new Charters were obtained for some Corporations , with new Priviledges , and sent them down to be hung out at the Windows , to animate the People to chuse such Men as they were directed . What more could have been done by a Protestant Prince , to destroy his Protestant Subjects , and advance the Roman Catholick Cause ? When this Parliament Sate , the King pursued his old Method of Speaking with his Lips what was farthest from his Heart , and being in the House of Lords , he there tells Both Houses a plausible Story , how he had consented to the Exclusion of the Popish Lords from their Seats in Parliament , to the Execution of several Criminals , both upon the Score of the Plo● , and the Murder of Sir Edmundbury Godfrey ; but above all , how he had Commanded his Brother to absent himself from him , because he would not leave the most Malicious Men room to say , he had not removed all Causes which could be pretended to Influence him to Popish Counsels . In all which there was not one word of Truth , as to the Motives that engaged him to do what he did . For as to the Exclusion of the Popish Lords , he knew it was what he could not avoid , unless he would have absolutely thrown off his Protestant Mask , which he was sensible it was not seasonable for him so to do . As for the Jesuits that were Hanged for the Plot , he pleased himself as well as the People , by Sacrificing a few Inconsiderable Miscreants to his own Revenge , for ungrate●ully Plotting against his Life , who had all along been so faithful to their Cause ; and indeed it was but ●ust they should dye like Knaves and Traytors , who ●ad been such Fools to mistrust so true a Protestant Prince . As to the Murther of Sir Edmundbury Godfrey , what could he have done less , except he would have expos●d himself to the Clamour of the whole Nation . That would have been the greatest Folly in the World , for a Prince that loved to Sleep in a whole Skin , as he did , for the Preservation of Three or Four Rascals , Convicted of a Bloody Murther , to have Sacrificed His Honour and His Safety to Publick●Scandal and Resentment . And then as for the Removal of his dear Brother , it was done after a long and deep Consultation , upon these Considerations . First , That the Duke being out of the way , might stop the ●arther Examination of the Plot , in Relation to himself , and thereby one of the chi●f Conspirators be preserved safe . And Secondly , For a shew that the King was such an Enemy to Popery and Popish Counsels , that he would not suffer so much as the Breath of a Brother near him , for fear o● Infection . For in these Gracious Protestant Acts lay all his hopes of making the Parliament give Credit to his Words , and getting Money from them , at a time when the French King most Treacherously failed him . Notwithstanding these things , the Parliament , not being to be deluded by all those seeming Acts of Protestant Grace , took little notice of those G●●dy Trappings of the Kings Discourse , but fell briskly to work upon the Plot , and the Murther of Sir Edmundbury Godfrey ● to which purpose they made choice of a Secret Committee to pursue that Business , and laid all other Considerations aside , but those of securing the Nation against Popery and Arbitrary Government ; in order whereunto , they began to think of bringing the Lords and others in the Tower to their Tryals : And upon a Report of their Committee , of the Duke of York's Letters , wherein it appeared what great Joy had been conceived at Rome , for the Dukes Conversion , even to draw Tears from his Holynesses Eyes , with several other Papers , discovering much of the Court Intreague ; with Rome . They Voted the Hopes of his coming to the Crown , to be one of the chief Causes of the Popish Plot ; and ordered a Bill to disinable him to Inherit the Imperial Crown of the Realm . These Proceedings were of so high a Nature , and so directly tending to the overthrow of that Structure , which the King and the Duke had been so long erecting , that it was thought requisite to Treat them wi●h all the Art and Subtilty imaginable , which produced Two of the greatest Master pieces that ever were acted by the Conspirators ever since their first designing Popery and French Tyranny . The first was , To blind and couzen the House of Commons , by seeming to shew an utter dislike of all former Councils that had brought the Nation to the Condition it was in . In pursuance of which , the old Council was Dissolved , and the greatast Sticklers against the Plot , and for the Protestant Religion , chosen in their room : to the end that if any Miscarriages happened , they might be all laid to their Charge ; or th●t Miscarriages might receive a more Candid Interpretation , as being done by such good Men against whose Fidelity the Nation had no exception . The next Device was , To turn the whole Plot , and the Odium of it , upon the Protestants , under the Notion of Presbyterian and Phanaticks ; which is so well known needs no repeating , But in the midst of th●se Court Intrigues to run down the Plot , the House of Commons went on vigorously bo●● against the Plot , and Popish Delinquents ; which grated so hard upon the Popish Party , and was such an Obstruction to their Designs , That the King compassionating their Grievances more than those of his Protestant Subje As , give way to the Dissolution of the Parliament ; yet , with promise of another to meet towards the latter end of the Year , under pretence of frequent Parliaments ; but in reality , to try if he could get another fitter for his turn . Ane now the King having laid aside the Parliament , and freed his Instruments ●rom the Terror of it , was so far from not permitting himself to be influenced by Popish Counsellors , that he began to play the Old Game , and first of all the popular Protestant Lords of the Council were by degrees decently laid aside , and the Duke was sent for home . The Lord Shaftsbury , for opposing it , was severely Reprimanded in Council , with a Wonder , How any Person that sate at that Board , durst so bolply affront his Royol Highness ? For the Face of Affairs was changed , and the King was now swimming in his own Element again . Only it was strange , that he was no more concerned to see the strain of the whole Kingdom run against him . For notwithstanding all his Industry to have brought in his Band of Pensioners again , it was found , the new Chosen Parliament , which was by this tim● ready to Sir , was likely to prove wo●se for his turn than any of the former , which made him have recourse to his old Shifts of Proroguing , which was done by Proclamation , to gain a little time for the acquitting of Sir Ge●rge Wakeman . So kind was his Protestant Majesty to help out his desponding Friends at a dead lift , in order to the Sha● Plot , which he was afterwards designing . For now the Parliament being cut off , He was at leisure to advise with his Popish Instruments , who were no less sedulous to give their Advice to the utmost that their active Brains● could reach . By this sedulity it was , That the Meal Tub Anti-Plot was contrived and hatched : Only Tools were wan●ing to manage and carry on the Treach●rous Design . Therefore , not knowing where else to find Miscrea●ts fit for such Diabolical Enterprises , all the Goals about the Town were raked for needy Profligates . It will be needless to give H●stery of that which has been so sufficiently discovered for an abominable Imposture . The Miscarriage of this Blessed Design , caused a second Prorogation of the Parliament , upon hopes of 200000 l. from France , which was dexterously prevented by the Duke of Buckingham ; which the King so ill resented , That his Attorney General had Orders in Council to Indict him of Buggery , with a design to have taken away his Life , and repair the French Disapointment , by the Confiscation of his Estate , had the Project taken . Never so much Villany in Contrivance ; never so much Money ill spent , and never worse luck . The like Success happened in that damned Sham Plot Intrigue between Fitz Harris , Nell Wall , with the French Dutchess , &c. Nor must it be omitted a● an Argument of His Ma●esties great Zeal for the Protest●●● Re●igion , That when one S●rgeant , a Priest● made a Discovery of the Popish Plot from H●lland , w●ich he caused to be transmitted to the Court , with an Intention to have discovered s●veral others● he was first bribed off , and then sent fór into England , slightly and slily examined , had his Pardon given him , and sent back with Five pound a Week to say no more● Nor was it a thing less astonishing to the Nation , to see the Parliament prorogued from time to time , to less than seven time● , before permitted to Si● , on purpose to get time for the Popish Duke to settle the Protestant Religion in Scotland ; and to the end , the Conspirators might get heart and footing again , and retrieve their Losses in England ; and in this Interval it was , That Mess●ngers were sent to their Friends at Rome , and others their Associates , for Money to strike while the Iron was hot , in regard that Scotland by this time was secured , and all things in such a forwardness , that now or never was the time ; but the Pope had such an ill Opinion of our Sovereigns Fidelity , that he slipt his Neck out of the Collar● and in imitation of him , the rest excused themselves upon the Score of their poverty . Thus missi●g Money from Rome , and the rest of their Popish Associates ; and the King of France refusing to part with any more Cash , there was no way but one , at a forc'd put , which was to let ●he Parliament Sit , and to make them more willing to give Money to undo the Nation . The King , in a framed Speech , told them , of the wonderful advantagious Alliances for the Kingdoms good he had made with Foreign Princes , and particularly with Holland ; and how necessary it was to preserve Tang●er , which had already run him in Debt . Upon which Considerations , the Burthen of his Song was● M●re Money . But the Parliament Incensed at the frequent pr●r●gations , fell upon Considerations more profi●able for the Kingdom , such as were the bringing to condign punishment the Obstructers of their Sitting : The Impeachment of North for drawing the Proclamation against petitioning , and Three of the Judges for dismissing the Grand Jury , before whom the Duke was Indicted of Recusancy , before they could make their presen●ments ; the prosecution of the Popish Plot , and the Examination of the Meal Tub Sham ; all which they looked upon to be of greater Moment than the Kings Arguments for his Want. For it was well known , That by his per●idious Dealings abroad , he had so impared his Credit with all the Foreign Princes , to whom he sent , that they slighted his Applications , as one upon whose Word they could never Rely . And as for the preservation of Tangier , there was nothing less in his Thoughts . A fine Credit for a Prince , and an excellent Character to recommend him to po●terity , That he had no other than his own sinister Ends upon the Grand Council of his Kingdom ; nor no other way to work them to those Ends , unless by forging Untruths , to make him accessary to the betraying of the people that had entrusted them . The Parliament therefore bent all their Cares to secure the Kingdom from Popery ; concluding that the D●kes Aposta●izing from his Religion , was the sole Evil under which the Nations in a more particular manner gro●med● and consequently that he was to be Disinherited . But the King being resolved not to forsake his Brother , whatever became of the Kingdom , took such a high Resentment against these honest and just proc●edings of the Houses , that after he had Sacrificed the Lord Stafford to his hopes of obtaining Money , upon the Dukes u●dertaking to furnish him , he Dissolved this Parliament too , with promise of another at Oxford , to sweeten the bitter pill which he had made the Nation to swallow . In the mean time , all the Care imaginable wa● taken to bring the Protestant Plot to perfection ; preparative to which , Judges were selected , with Dispositions , Thoughts , and Minds as Scarlet as their Gowns . And the choice of Sheriffs was wrested , by force from the people , that they might pick out Juries without Conscience or Honesty . A Plot contrived by perfidiousness and treachery , beyo●d the parallel of History . A Plot with Parisian Massacre in the Belly of it , designing no less an Innundation of Innocent Protestant Blood , under the colour and forms of Justice ; and yet , who but he , who in his last wheedling Speech , to pick the Nations pocket , had promised to consent to any Laws against Popery . And the better to carry on this damned Design , What a Crew of Devils , in the Shape of Men , a Regiment of Miscre●nts , in whom all the Transgressions of the Law and Morality were mustered together ? I say , what a Band of such Ca●tiffs were Rendezvouzed , and with that Money which Parliaments give to promote the Security of the Kingdom , caressed and pampered even to Excess , for the destruction of the Innocent ? And all this , at the Expence of him that bore the Stile and Character of our Gracious Sovereign . For full proofs of which , there needs no more than to look into the Tryal of Fitz Harris himself ; therefore , to recite the particulars of a Design already so well known , and publickly exposed to all the World , would be a repetition altogether needless . This however was observable , That we were come to the height of Tyberius's Reign ; when informers , and false Accusers , a sort of Men found out for the Ruine of the publick ; And for the punishment of which , no Laws can be too severe , were encouraged and courted with Rewards . Nullus a p●na ●●minum cessari● dies ; dicreta accusa●o●ibius pra●●●●● premia ; nemine delatorum sides abrogata ; omne C●imen pro Capitali receptum , etiam paucorum simpliciumque Verborum . No day passed without some Punishment inflicted ; great Rewards given to Informers , no Informer but what was beli●v'd ; all Crimes were adjudged Capital , tho' meerly a few idle Words . Such a harmony there was between these Times , and pernicious Reign of that Master in Cruelty and Dissimulation , Tiberius . But the Roguery being discovered , while Fitz Haris thought to have put Everard upon this Dilemma , either to Hang , or fix the Libel upon others , he came to run himself into the Noose . Lord ! into what an Agony it put the King , the Duke his dear Brother , and their then Jugling Instruments ; that the King , who a little before was so overjoyed with the acco●nt of the contrivance , which was given him at Whitehall , that he could hardly contain himself from displaying the Raptures of his Soul , was now so highly incensed against Fitz Harris , that he was heard to say , That he should Die if there were no more Men in England . But his Confession to the Recorder , Sir George Treby , so enraged his Employers , that he was presently lockt up in the Tower , out of the reach of all Men , but the Lie●t● to damn him for spoiling so good a Design : But above all things , there was such a dread amongst the Conspirators , lest the Parliament should come to the knowledge of the depth of the Design , that their resolute insisting to have the Cognizance of the Crime within their own Jurisdiction , was the occasion of the sudden Dissolution . After which , a Chief Justice was Exalted , on purpose to Hang Fitz-Harris out of the way , to prevent his farther Discovery ; for no sooner was the Parliament Dissolved , but Fitz-Harris was Hanged ; and by that means , many a Mystery of Iniquity concealed . The Dissolution of this , and the forgoing Parliament , was justified by a Declaration in the King's Name , which being published with all the Severity and Reproach that could be cast upon those Worthy Patriots , verified the Report of what the King had been heard to say , That he would make the name of Parliaments to be forgotten in England . However , the Parliament being blown up , and the King running away in a pretended pannick Fear from Oxford , to colour the ensuing Projects of Plotting and Subordination ; no sooner was he settled again at London , and Fitz-Harris hang'd , to the great Joy of those th●t Adored him before , but the Gazette was cram'd with Addresses from all Parts of the Nation , to thank the King for his Expressions and Promises to Govern by Law , which was no more than his Duty : But those Addresses were only Signed by the unthinking , loose , and rascally part of the People , who were not sensible of the Mischief which was thereby intended , which was to make the Nation out of Love with Parliaments , thereby to unhinge the Government , and to introduce Tyranny and Arbitrary Power : And that the Addressors were only the C●●●ile of the Kingdom , with only a Tool of Quality at the Head of them , the Con well k●ew . Some time a●●●● , Fitz-●●●●●● was Executed , a Paper was Published , in the name of his Re●●●●tion , which his Wi●● hearing ●r●ed 〈…〉 and viewing ●● , ●●ked 〈…〉 those were her H●●bands Papers 〈…〉 her , They were : To whic● 〈…〉 band w● : D●●●ed , for t●●t she 〈◊〉 all th●● 〈◊〉 to be false . However , upon the Gro●●d-work of this Re●●ntation , a Committee of Subordination w●s●●ected ; by whose Directions , Tu●bervil , Dugdale , and all the Irish Evidence , who had been most conversant with the Earl of Shaftsbury , upon the Account of the Irish Plot , together with one Booth , by whom a full Detection of the whole Villany has since ●een made , with a full disclosure of all the Artifices made use of , to have corrupted the Integrity of that honest Gentleman , Captain Wilkinson . And all those Varlets were now lis●ed and received into Pay , by the said Committee of Subornation , and a swearing School being set up according to the directions of the Committee , they receive every one their distinct Cues and Lessons , to con and get by Heart , against occasion should serve , by the Settlement of the Committee , which was approved , as was every thing else they did , by his Protestant Majesty . Colledge's Tryal is too well known to be here repeated , but after Ages will observe how he was removed from London , where he had been acquitted , to another remote Countrey , where his Prosecutors were assured of his Destruction , by deluded Ignorance and partial Knavery ; how he was accused and testified against by Nab●●h's ●vidence , the Scandal and Reproach of all Mankind , whose Memories stink upon the E●rt● , and would soon be forgotten , but that their Names are made use of to transmit the Infamy of their Employer● to Posterity . All the severi●es used at his Tryal were● palpable Demonstrations of that Innocent Man's being determined to Destruction right or wrong , on purpose to lay the Foundation of farther Butcheries ; so that being f●e●hed by this Success , the next attempt of the King's Justice was upon the ●arl of Shaftsbury , for the same pre●ended Treason for which Colledge had suffered . And here Posterity will make the same Observations and Conclu●ion● in general , as in Col●●dge's Case : But more particularly will after Ages easily conclude from hence , That it was not for any contrivance of his Lordship , but by a Project of Court and Popish Revenge , to destroy a Person , who by his Courage , Wisdom , and good Intelligence , had Opposed and Defeated so many of their Designs , against the Religion and Welfare of the Nation : For that this Plot upon his Lordship was so early communicated to Rome , and other Foreign Parts . That it was talked of at Paris , and in Flanders , sometime before his Lordship was imprisoned in England . They will observe the Injustice done his Lordship , in refusing to let him see or know the Persons that deposed against him , which was not denied either to Coleman or the Jesuits ; and which being so contrary to Law , was a plain Demonstration , That either the Witnesses were not thought of Credit sufficient to support the Confinement of so great a Peer ; or else , that it was not convenient to trust the general course of their Lives to be scrutined too soon . The Motives that induced the Court to begin with this great and eminent Peer , will be easily discernable to su●ceeding Ages : For to what Man of Sense and Reason is it not apparent , That it was the Policy of the Court , That their Revenge against this Earl should not be Adjourned , till they had tryed the Credit of their Witnesses , upon other considerable Persons , for fear , lest by his Lordships Industry and Abilities , he should not only have detected and exposed the whole Intrigue , but have broken the Engine , by which the Two Brothers thought to have made themselves absolute Lords of the Religion , Laws , and Liberties of the Kingdom . For which Reason it was thought best to Assault him by way of Surprise , and to hurry him to Prison , upon a pretended Conspiracy , which People would be astonished at , but not have time ●● unravel . For the King and his Brother were assured , That the Convicting of the Earl of Sha●ts●ury , upon a Charge of Levying War , and Conspiring to seize his Person , would be a kind of Moral proof against every other Person , whom they had a mind to accuse of the same Crime . Since People would be easily persuaded , That a Person of his Prudence and C●nduct , would not easily embark himself in such a dangerous En●erprise , without a proportionable number of Persons , who by their Power , Quality and Interest , might be supposed to be able to carry it on : So that all the Noblemen and Gentlemen of England , that ever had any converse or acquaintance with the Earl , supposing them to be Persons obnoxious to the Court , were involved in his Ruine . But it will remain an eternal Monument of Reproach upon R. Subordination , That after all the Industry of the Court , and their obs●quious Instruments : after all their layi●g their Heads together , to form cohering and probable Proofs of the Charge intended to be laid against him , after an illegal Trick devised to have tryed him within their own Jurisdiction on the Verge ; which was so contrary to Law , that it was exploded by their own Bene placito Lambskin Men ; that at length he was acquitted by a Grand Jury , the most Substantial for Estates , Integrity , and soundness of Judgment , that had been returned for many Years in the City , to the never dying praise of the Two Sheriffs , Mr. Pilkinton and Mr. Shu●e . A Disappointment , which so ince●sed the King , and his dear Brother , That they resolved to make an Istington Village o● the chief Metropolis of the whole Nation ; and what they could not do by Fire , to effect by wresting from them their Franchises and Priviledges , ●ar more ancient than the descent of those that wrested them for a time out of their Hands : For this reason the Attorney General was ordered to b●ing a Quo Warranto against the City Charter , under the pretence of their petitioning for the Sitting of the Parliament ; a thing so far from being a Crime , that it was the undoubted Right of the Nation . And yet such was the awe which the antiquity and legality of the Charter had upon the Judge , that the Fountain of Justice was forced to shift his Chief Justice , till he could fix upon one that durst to adventure to pronounce Sentence against it : Which , as it was the greatest Invasion that could be against the ancient and fundamental Constitution of the Kingdom ; so it plainly laid open the King`s pious Intentions of Governing by Law ; which , according to the new Interpretation of the Court , was the downright subverting of all that was most Sacred and Valuable in the Nation , to the end the King might have it in his Power to violate the electing of a Parliam●nt , and nominate and obtrude upon all Persons of the Kingdom , his own Slaves and Creatures , Papists and Traytors to their Country ; so by reducing one of the most ancient Corporations , and levelling it with one of the meanest Villages in the Kingdom , that he might command the Mayor and Sheriffs , and , by their means , the Juries of the City , on purpose to have the Lives of all his Protestant Subjects at his Mercy . And that this was his end , was apparent by the Consequences ; for when once the King , by the overthrow of the Charter , had made sure of his own Sheriffs and Juries ; Heavens ! How were the Laws of God , and the Kingdom wrested by misinterpretation ? How were the Precepts even of Morality it self , transversed ? The Wi●nesses for the King caressed and countenanced in their known Subordination ? The Testimonies for their pretended Criminals brow-beaten , and all the Arguments of Law and Rea●on urged by the most Learned Council of the Nation , over-ruled by Hectoring and Swaggering Judges , to take away the Lives of the L. Russel , Col. Sidney , Armstrong , and several others , meerly to gratifie the Rage of Popish Revenge . Such were the Violences of the Court at that time , in defiance of Justice , as if all fear of giving account to future Parliaments , had been thrown off , or that they never intended to be troubled with them more , till they had framed the Nation into such a posture , as to chuse such Members as would not only forgive such Villanies , but go sharers with them in the spoil of the Kingdom . But then followed the Barbarous and Horrid Murther of the Earl of Essex , which how far it could be laid to the King's Charge , we shall not here pretend to determine , tho it seem somewhat strange , that the King could find no other Morning to accompany his Brother to the Tower , but that very Morning that the Earl was Murthered , will , no doubt very much augment the Suspition of future Ages ; and it will be as odly looked upon , that when Letters and Proposals were sent to some great Persons near the King , That if his Majesty would but grant a Pardon to Two or Three Men that shyuld be named , when the Favour was granted , the whole Mystery of the Contrivance should be discovered , and the Contrivers and Actors be particularly derected ; such a Proposal should be slighted and neglected . Now , after all these Tricks and Stratagems of the King , to introduce Tyranny and Slavery , to stifle the Popish Plot , by throwing it upon his Protestant Subjects ; after such an obstinate and stedfast Conjunction with the Sworn Enemy of the Nation , the French King , for the Subversion of our Laws , Liberties , and Religion ; after so many Slights and Contempts to put upon the grand Council of the Kingdom , which he never assembled , but to empty and drain the Purses of the Nation . But to shut the Door against all Objections that can be made in his behalf , there is one proof yet remaining behind , which must be an undeniable convincement to all the World , of the Truth of what has been hitherto said , as standing still recorded under his own Hand , if the Original of the Instructions be extant , and that is the following Memorial of his Ambassador to the King of Poland , in the Year , 1667. Most Illustrious Prince , THE King , my Master , has Commanded me to let Your Majesty know the Resolutions he has taken in All Points , to concur with the mos● Christian King , in giving your Majesty all possible Assistance for the Establishing your Majesty's Title in such ●ays as your Majesty shall think most Effectual for the s●curing your Crown and Dig●i●y , and further Hon●ur of your Queen and Royal Issue , The King , my Master , being truly sens●ble of t●e great Misfortune● of those P●inces whose Pow●r must be bou●ded , and Reason regulated by the Fantastick Humour of their Subjects . Till Prince ; can be ●reed from these Inconveniencies , The King , my Master , sees no possibl● prospect of establishing the Roman Catholick Religion . If thi● be not enough to discover his Inclinations , and the whole drift of his intriguing Reign , there can be nothing sharp enough to penetrate the stupid and beso●ted Bigortry of those that stand in his Justification , But notwithstanding the willful blindness of such People , it is to be hoped , that other Men , less byassed , and having the same just pretences to common Understanding , have a greater value for their Reason , than to forfeit it to prejudice , and an Interest now exploded by all the sober part of the World : And having once disintangled their Judgments from the Incumbrances of Iure Divino Nonsense , they will then find , That the whole course of his Reign was no more than what this Memorial discovers ; and that the frequent Breaches of his Word and Promises , both to his Parliaments and People , were but the Effects of the Religion he Professed , and owned in his Ambassadors Memorial , one of the chief Principles of which it is , Not to keep Faith with Hereticks ; and by which he was obliged to be more faithful to the King of Poland , than the King of Heaven . Hence it was , that notwithstanding his Declaration at Breda , design'd and penn'd to obtrude a seeming appearance of Truth , and specious Face of Integrity upon the Nation ; after he came to be restored and settled , we found our selves deceiv'd in all that we expected from the Faith and Credit of his Royal Word . To which we may subjoin that other Famous Declaration , upon shutting up the Exchequer : Wherein , tho his Sacred Word and Royal Faith , were , in plain and emphatical Terms , laid to pledge for Repayment ; yet the Events in the Ruine and Impoverishing of so many Families , did no way consist with his Gracious and Solemn Promises , As for the Covenant , whatever the Oath were , it matters not here to dispute ; but they who were Witnesses of his taking it , observed , that if ever he seemed sincere in what he did , it was in binding his Soul by that So●emn Oath ; and yet he not only openly and avowedly broke it , but c●used it to be burnt in all the Three Nations , by the hands of the Common-Hang-man . Where can we find a more matchless piece of Dissimulation , than in his Signing that Declaration in Scotland , which he published under the Title of , A Declaration of the King's Majesty , to his Subjects of the Kingdom of Scotland , England and Ireland . Charles the II. having long trifled with the Papists , his beloved Friends , and indeed had so carried himself , that neither Papist nor Protestant could tell what to make of him , yet the Papists resolved they would be no longer dallied with by him : And therefore , so soon as he had made all Things ready for his Brother's Exaltation ; after he had prevented his Exclusion from the Thr●ne , and put all the Power of his Dominions into his hands , to give way for him that truly Reigned , while he but only wore the Name of King , he was struck with an Appoplexy , as it was given out , ( for let the true ●ause be what it will , a Prince always dies of some Disease or other in the Physicians Catalogue ) but such were the Circumstances of his Death , that Men began to discover their Suspitions freely to the World , before he was cold . However it were , certain it is , that he was Absolved from all his Sins , by his great Friend John Huddleston ; and that the Priests gave him Extream Vnction . At what time , one of his Relations forcing his way into the Room , and seeing them at it , could not forbear saying , That now they had Oyl`d and Greas'd his Boots , they had made him fit for his Journey . And this is yet more remarkable , That all the while he lay upon his Death-Bed , he never spoke to his Brother , to put him in mind of preserving the Laws and Religion of his People : but only recommended to him the Charitable Care of his Two C●ncubines , Portsmouth , and poor Nelly , Nor was it a small Aggravation of the general Suspition , to find him hurried to his Grave , with such ●n Vngrateful Secrecy , in the dead of the Night , as if they had feared the Arresting of his Corps for Debt , not so much as the mean pomp of the Blue-Coat B●yst , S●ng him to Heaven . Insomuch , that he was hurried , by his Brother , whom he had so highly obliged , with far less decency then was perrmitted for the Funeral of his Father , by his Capital Enemies that had beheaded him . But that perhaps might be so ordered by Providence , to signi●ie that he was not worth the publick Lamentation of the People , whose Religion and Liberties he had been always designing to subvert . THE SECRET HISTORY OF King IAMES II. TO him succeeded Iames the II. not more pernitiously desining , but more eagerly bent in the Chase of National Ruine and Destruction . He came into England full freighted with his Mothers Religion , and her Malice to the People of the Nation ; but wore at first the same Vizard Mask of Protestantism which his Brother did . But tho he were fitter for the Business they both designed , yet he understood not how to manage it so well ; so that had he been the Elder Brother , we may undoubtedly presume to say , he would have been much sooner thrown out of the Saddle , greatly to the saving both the Honour and Treasure of the Nation , and the Life of many a worthy Gentleman , and true Lover of his Country . 'T is well known , and a thing confirmed by Two Letters yet to be seen , wherein one of the Kings own Chaplains , then upon the spot when it was done , impar●s and laments it to a Bishop . That the Duke of York , while he was yet but very young , made a solemn Renunciation of the Protestant Religi●n , and was reconciled to the Church of Rome , while he sojourned with his Mother in France , in hopes ( by the assistance of the Papists ) to have defeated his Elde● Brother of his Right of Inheritance , tho he had all the Indulgence imaginable to conceal his Convulsion , where it might be for his private Advantage , and the general good of the Cause . And so ea●ly was this Ambition of his to supplant his Elder Brother , that when ●he Scots were treating with the exil'd King , to restore him to the Throne of Scotland , That he was at that very time practising with such as remained faithful to the King's Title here , that they would renounce his Elder Brother , and chuse him for their Sovereign . And for that Reaso● it was that the Duke forsook him at Bruxels , and withdrew into Holland ; so that the King was necessitated , not only to command him upon his Allegiance to return , but was constrained to send the Duke of Ormond , and some other Pesons of Quality , as well to threaten as persuade him , before he would go back . And as he was an early Traytor to his Brother ' so he did no less treacherously attempt the disowning of his first Wife . For finding her extraordinary Chastity to be such , that he could not be admitted to her Bed , but upon the lawful score of Matrimony , he was at last Married to her , but so very privately , that only the King , and some very few Friends were privy to it : After which , perceiving that his Brother's Restauration was fully determined in England , under pretence that it would be more for his own , and the Honour and Interest of his Brother , to Marry with some great Princess , that would both enrich and strengthen them by the largeness of her Dowry , and the graatness of her Relations , he would have taken an Occasion from the privacy of the Nuptials , to deny her being his Wife` and disavow all Contracts and Ceremonies of Marriage between them : But the King detesting so much buseness , as being himself a witness of the Marriage , would not suffer the Lady to be so heinously abused ; but constrained him , after great reluctancy , to declare it publickly to all the World A happy Providence for England , which by that ' Conjunction blest us with two P●otestant Princ●sses , matchless in Virtue and Prety , and all those other Graces that adorn their Sex ; to the eldest of which we are beholden ●or our Deliverance from an Inundation of Slavery and Popery , under the Auspicious Condu●● o● a Sovereign , truly meriting the Noble and Ancient Titles of King of Men , and Shepherd of the People , and the yet more dignified Addition of Defender of the Faith. And from the youngest of which we have already the earnest of a hopeful Issue to guard us from the like Invasions . Such is the Provision of Providence , that many times it happens , the most venemous Creatures carry about them the particular Antidote against thier own Poysons . Certain it is , that the Duke of York , would never have pulled off his Protestant Vizard , nor have declared himself of the Roman Communion so soon , had he not been thereto necessitated by a Stratagem of the King his Brother ; for the Papists having a long time waited for the Accomplishment of the King's Oathes and Promises for restoring their Religion ; and having annually contributed large Sums of Money towards the effecting of it , at length grew impatiently sullen . and would advance no more , unless the King , or the Duke , would openly declare themselves for Popery : Which the King thinking no way seasonable for him to do , and not being able by all his Arguments and Importunities to prevail with his Brother to do it , he ( at length ) bethought himself of this Project , which was , To get the Queen to write a Letter , intimating her Intention to withdraw into a Monastery ; which Letter was to be left upon her Closet-Table , that her Priests , as it was concerted before-hand , might there seize it , and seeing the Contents of it , carry it forthwith to the Duke . Upon which , the Duke being Jealous left the King , upon the Queens relinquishing her Husband , might be induced to marry again , and thereby deprive him of the hopes of succeeding , than which there was nothing which he thirsted after more , upon obtaining a previous Assurance , that in case he declared himself a Papist , she would not withdraw , immediately pulled o●f his Mask , and renounced Communion with the Church of England . Being thus quit of his fears from the King , his next work was to did himself of all his Jealousies of the Duke of Monmouth . To which purpose he lay day and night at the King , to require him to turn Roman Catholick . Which the King out of his Tenderness to the Romish Cause , as well as to gratifie his Brother , undertook to do , and accordingly sent him into France , with an express Command to reconcile himself to the Church o● Rome : However , the Duke of Monmouth , out of an aversion to ●he Fopperies of that Religion , failed in his Performance ; which so incense● the Duke of York , that from that time ●orward he studied all the ways imaginable to bring him to Destruction , In the mean time , having by his publickly decl●ring himself a Papist , engaged all those of the same Religion , to his Person and Interest , he resolved to drive on Iehu like , and to promote the Catholick Cause , with all the vigour and swiftness he was able , and to make the utmost use of his Brothers good Intentions . And such was his Bigottry to the Romish Church , That according to the Principles of that Religion , he stuck at nothing per fas & nefa● , to bring about his Popish Designs . I shall not here dila●e upon his secret Negoti●tions at Rome , his Correspondencies with Foreign Priests and Jesuites , or his private Intrigues with the French King , which have been all sufficiently exposed already in Print ; as for tha● whatever has been already said of the King , is also to be said of him in general , while he was Duke , in regard they both drew in the same Yoak , for the Ruine of the Nation . For this is as certain as the rest , that he had a most eager desire to Rule , and Rule dispotically , which was the Reason he was frequently heard to say . He had rather Reign one Month as the King of France , than Twenty Years as his Brother the King of England did . And besides , it was as plain , That he had a mortal Autipathy against the Protestant Religion , and more particularly against the Professors of it in England ; but more especially the Dissenters , upon the score of revenging his Fathers Death . An imbittered hatred , which he derived from his Mother , who mortally malliced England upon the same Account , and which he acknowledged in his Bed-Chamber , at St. Iames's , where he openly declared , That he was resolved to be revenged upon the English Nation ●or his Fathers Death . Which if those unthinking People , who are so eager to have him agai● , would but consider , they would not be so forward for his Return . For it is in vain for the Church of England ● Men , of what degree soever , to think that their refusing to swear Allegiance to King VVilliam and Queen Mary , would excuse them from that Universal Revenge which he would take upon the Nation , were it ever again in his Power . Only here was the Difference between the Two Brothers , That the King thought to ruine his Enemy by main force , and the fair hand of Victory ; but the Duke hoping to kill two Birds with one Stone , made it his business , at the same time , to ruine the Enemy by force , and his own Country by treachery . Thus when he had engaged his Brother in the first Holy Dutch War , of the Extirpa●ion of Hereticks , he permits the English , at ●irst , to exercise all the Bravery of their Skill and Cou●age , to a great probability of Success ; but then falls asleep in the height of his Conduct , to the end , the Dutch ( for want of Orders ) might have ●n opportunity to wrest the Victory out of the hands of the English , on purpose to keep the bal●●nce of Destruction on both sides even . Thus he ●●rmitted himself to be surpriz'd at Soul-Bay , knowing there were eno●gh to maul the Enemy , but not enough to preserve those that sought on our ride . So that the Dutch may be said to be well ●hrashed , and the E●glish to be well sacrificed . And as a farther Demonstration o● his per●idious Soul ; when he found the Contest would be too tedious between two Nations so well matched , it was the Dukes Contrivance , to Suborn and Bribe two indigen● and desperate Vil●ains , to go over and Fire the 〈◊〉 Ship● , as they lay in their ●arbours , ●nd when he had done that● it was the same Treachery , that with a sham story lulled his ●rother ●●l●ep , and pr●cured the Firing of our Ships at ●●●●ham . The burning of London was such a mar●hless piece , as could not have entered into the Breast of any but a bejesuited Herostratus , in hopes to purchase the infamous immortality of a Popish Saintship , by reducing to Ashes , the graetest Bulwark and Magazine of the Protestant Religion in Europe . Rome was set on Fire by Nero , to have re-built it again more Glorious● and that he might have space enough for one of the most sumptuous Pallaces so designed , under the Sun ; thereby to have made the Mistress of the Earth , the Wonder of the World : But London was Fired , not only to destroy the Wealth and Habitations of the City , never to have risen more , but with an intention to extirpate the Inhabitants themselves to boot , and to have turned the Venerable and Spacious Pile into a depopulated Wilderness , by a general Massacre of the People , under the Consternation of the spreading Flames . The standing S●reets provided and furnished with Incendiaries , with fresh Materials to revive and restore the weary Con●●●gration , and when taken in the Act , res●ued out of the Hands of those that seized them , and sent to St. Iames's , to be there secured from the Rage of the Mul●itude , and then dismissed without Persecution . An excellent way to have made all sure , by mixing the Blood of the Inhabitants with the Ashes of their Dwellings , the only Cement which the Papists believed would fasten and bind the Fabrick of the Romish Church ; and what greater piece of Persidy could there be , than while the Duke was riding about the Streets , under Pretence of Assisting to quench the Fire , that his Guards were , at the same time , employed to prevent the People from rem●ving their Goods ; and his Palace made the Refu●e of such as were taken in the very ●act of cheris●ing and fomenting the Flames ! This the Committee of Parliament trac'd so far , that it cost the Life of the poor Gentleman that gave the Information of these Things , to the Chair man of the Committee , to prevent any further Discovery , and secure the D. from the Danger of his Life . Coleman's crying out , There was no Faith in Man , was a most undeniable Testimony of the Treachery of his Master , notwithstanding all the faithful Service he had done him ; and was it not a Magnanimous and generous Act of a Prince , to betray , as he did , to the Gallows , not only his most trusty Servant , but his Fellow Partner in the Conspiracy ? More Inhumane still was the barbarous Murder , actually contriv'd , and brought to perfection , by the encourag'd Instruments of the Duke . For he it was that sent word to Coleman , to bid him ●ake no care , for that Sir Edmundbury Godfrey should be remov'd out of the way , and at the same time took the like care that his Servant Coleman should follow him : For it was Detection that he feared , and the D●ke well knew that the Dead could never tell Tales . The Particulars of the Murder , and how far the Circumstances of it reached the D●ke , are too fresh in Memory ●o be here inserted ; and Dis●ensation for Deeds of the blackest hew , were so easily obtai●ed , that it was no wonder the Duke so little boggled at a single Murder , to conceal the Designs of general Mas●acres , wherein he was engag'd . In pursuance of which , he was no les● industrious to bring the Presbyterians , and all the Dissenting Protestants , within the Snare of his Sham-Plot , in order to the Destruction of Thousands of innocent Persons . This , Dangerfield discovered to the World , and his Information taken upon Oath , before Sir William Roberts , and Sir William Poultney , are extant ; wherein he gives an Accoun● of his being introduced several times , into the Duke of York's Prefence . Partic●larly , that being once among the rest , admitted to the Duke of York ' ; Closet at White-Hall , he kissed his Hand upon his Knees : A●d then being taken up by the Duke , he gave him a little Book , containing the whole Scheme of the Presbyterian Plot , for which the Duke thank'd him , as also for his diligence to the Catholick Cause , and wishing good Success to his Undertakings ; added these words : That the Presbyterian Plot was a thing of most mighty Consequence ; and I do not question , but the Effects of it will answer our Expectation ; especially , in the Northern Parts , where I am well assured , the Major part of the Gentry a●e my Friends , and have given sufficient Demonstrations to me , as also of their Intentions to prosecute this Prescyterian Plot , for they are no Strangers to the Design . At the same time , he ordered Dangerfield to be very careful of what he communicated to the Persons who were to be Witnesses in that new Plot , lest he should be caught in the Subordination , and so bring a terrible Odium upon the Catholicks , and make himself uncapable of any further Service . Then for Encouragement in the Prosecution of the Sham Plot , the Duke promised , that he would take Care that Money should not be wanting , and ordered him , with all the Expedition the Thing would allow , to make a Discovery to the King. At the same time , the Duke also made divers Vows , and bitte● Execrations to stand by him in the Thing , and engaged upon his Honour , to be his Rewarder ; and , in earnest , give him Twenty Guineas , with his own Hand ; and telling him withal , what a great Reputation he had gained among the Catholicks , and that in a short time he should see the Catholick Religion flourish in these Kingdoms ; with a great deal more to the same purpose . Of the truth of which , among many others , there could not be a more convincing Proof , than the bitter Enmity which the Duke bore to Dangerfield after his Discovery ; and the severe Usage which he received from Iefferies , the Duke`s Creature , and the Rhadamantine Dispenser of his Revenges . In Scotland he Rul`d , or rather Reign`d , though in his Brother's Life-time , with a more Arbitrary and Lawless Controul . And there it was that he breath`d for●h his Venome against the Protestants , utter●d his Tyrannous Maximes with more ●reedom , and exercised his Tyranny with a more boundle●s and exorbi●ant Extravagance . For there it was , that he first undertook to exercise the power of Soveraign Rule , re●using to take the Oath of High Commissioner , which the Law of the Coun●r● required , as here he had d●nied to take the ●est ; and to shew how he intended to Govern England , when it came to his turn , there it was , that in the hearing of Persons of great Credit , he had this worthy Apothegm , That tho` in England the Lawyers ruled the Court , yet in Scotland he would rule the Lawyers . There is was that he positively denied to give the Parliament any security for the Preservation of their Religion , in case he succeeded to the Crown . And being told of the Terms that the King had offered to the Parliament of England , tho` much harder and more dishonourable than any which they required , he replied , That the King never intended any such Limitations should pass ; nor did he offer them , but when he knew they would not be accepted . And farther , to demonstrate his imbitter`d hatred of the Protes●ants , and with what Rage and Fury he intended to prosecure them , he told several Members of the Parliament , when they were endeavouring to get some Bills to pass for the Security of their Religion , in case of a - Popish Successor , That whatever they intended , or prepared against the Papists , should light upon others . Which , tho` it stopt him from taking the Advantage of any new Bills , yet he was so just to his Word , in behalf of the Papists , that he pour`d all the Rigour of the Penal Laws against the Papists , upon the Protestants in that Kingdom , under the Name of Dissenters , whom he Persecuted with that insatiable Violence , as if according to his own Expression , he had fully concluded , That it would never be well with Scotland , till all the South-side of Ferth were made a Hunting Field . For indeed that was the true intent and drift of all his envenom`d Prosecutions of those People , as well in England , as in Scotland , in hopes by so severe an Exasperation , they would have broken out into open Rebellion , and so have given him a fair opportunity to have rooted them from the Earth by the Sword : Which was evident from another Saying of his ; for that having one day given his Opinion of sober Dissenters , and setting them forth , as he thought , in their Colours , he concluded , That if he might have his VVish , he would have them all turn Rebels , and betake themselves to Arms. Which , tho` it shewed his good Will yet whether it were so prudently spoken by a Person that had so little , either of Courage or Conduct as himself , is a question , unless he thought he cou'd subdue them with the Spiritual Weapons of the Popes Excommunications and Curses : Nor did he at the same time remember that the heavy Oppressions of the Spanish Inquisition , tore from the Dominions of the Spaniard all the Seven United Provinces , notwithstanding all that D` A●va , Parma , and Spinola could do , tho●gh their Military Fame far exceeded his . Thus we have seen the extent of his Christianity ; which we find cooped up within the narrow bounds of Popery . Nów for his Morality , which if it signalize it self in my Virtue that celebrates a Great and Glorious Prince , it must be in those two , of Justice and Mercy , which God appropriates most nearly to himself , as the brightest Ornaments of his Divinity : But whether the Duke were either Just or Merciful to the E. of Argyle will be the Question● This Gentleman was one of the most Ancient , and one of the most eminent Noble-men in Scotland , and a Person of extraordinary Endowments , and , as such a one had ●erved the King with his Parts , his Person , and Estate , beyond what most Men of any Degree in the Nation , either had done , or were able to p●rform ; but because he would not so far comply with , and oblige the Duke , as to fall in with his Councils , for the Establishment of Popery , and yield himself an Instrument to carry on his Designs of Popery and Arbitrary Power , his Head must be brought to the Block , the antient Honour of his Family must be attainted , and his ample Fortunes be confiscated . To which purpose , a certain Test being fram`d for all the Nobility and Gentry of Scotland to take , not excepting all others who were capable of any Office or Employment in the Kingdom , easie enough for the Papists to swallow , as being Calculated for their peculiar Advantage ; but difficult for the Protestants , as being tha● which strangely confused and intangled their Consciences . However , the Earl was not so scrupulous neither , to avoid all Occasions possible of incurring his Highness's Displeasure , but offered to take it , with this Proviso That he might declare in what sence he was willing to be Sworn . Accordingly he did draw up an Explanation of his own meaning ; and tho` he were allow`d to take the Oath according to that Explanation , which was also conformable to an Expl●nation , which themselves were forced to make for the satisfaction of the greatest p●rt of the Ki●gdom , that was dissatisfied in the Oath , as well as the Earl ; nay , tho` his Lordship did take it according to his own allowed Interpretation , which was so far accepted , that he was admitted to take his place in the Council ; yet upon a Caprico of the Duke`s Justice , the matter was call`d in question again ; but then such a horrid Treasons were pick`d out of the Earl`s Interpretation , that he was Arraign'd , and Condemn'd to lose his Head ; and Execution had been certainly done , had he not made his escape in his Sister 's Habi● , but a ●ew hours before the Express Arrived from England ● with Orders for his immediate Execution● Nevertheless , his whole Estate was seiz`d , he was divested of all his Titles and Dignities ; and contrary to the Custom of the Kingdom , his Coat of Arms was despitefully torn at the Publick Market Cross of E●inburgh , and his Person hunted af●er in all places , whether they thought he might be withdrawn , even as far as Hamburgh . And yet aft●r all the scrutinies which sober Men have made , the chiefest of the Sc●ts Lawyers , that were of unbiassed Principles , could never find any thing in the Earl●s Interpretation , but wha● his indispensible Duty obliged him to , both as a Christian , a Subject of Scotland , and a Privy-Co●nsellor to the King. But the D. was resolved to destroy him right or wrong : And therefore being told wha● the E. of Argyle had said or done , which could 〈◊〉 made a Crime by the ●aw of the Land , his Highn●ss , out of the gr●●t Aff●ction which he bo●e ●o so true a Protesta●t Peer , was pleas'd to reply ; But may it not be wrested to Treason ? Which was such an Incouragement , that when his Mind was once understood , he wanted not Instruments that labour'd Day and Night to make the Question subservient to the D.'s impatient Thrist of Revenge , and their own Advantage ; or else it might be to signalize his Resolution to over●rule the Lawyers in Scotland , had they denied their Submission to his good Will and Pleasure . By the same Justice it was that Blackwood was Condemn`d , upon a pretence of having entertain'd upon his Ground certain Persons , who were reported , and said to have be●n at Bothwell-Bridge ● A●d this , although there had been no notice given of their bei●g Criminals , or any ways Offenders ; nor any Proclamations were issued out against them , by which Blackwood could be obliged to take Cognizance of the Circumstances they lay und●r ; and that which aggravated the I●justice was this , That the Gentleman suffered after a General Act of Indemnity granted , and that it was after the Council themselves had for Four Years pass'd them by , that either ●he Pe●sons whom he had reliev'd came to be accus'd , or he to be prosecuted upon this account . And by the same Justice it was , that Mr. Robert Bailzie , of Ierismond , was Hanged , and Quartered for a Crime , of which he had been Impeached and Tryed bef●re the Council , and fined Six Thousand Pounds Sterling . And all this his Highness did by over-ruling the Lawyers of Scotland , by which means he had made the Judges and Jury as malicious against the Protestants , and is Revengeful against the Asserters of the Liber●ies of Seotland , as himself . Such Exorbitancies of Injustice and Arbitrary Power , that his Brother could never have e●dured in a Subject , had they not been a●●ed all along with his Knowledge and Consent . Otherwise , had not the King been strangely infatuated , to beli●ve , that whatever his Brother d●d , was for the Advancemen● of that Cause , to which he was so well effected himself , he could never have been so un-apprehensive of the Danger he was in , from a Brother so actually in a Conspiracy against his Life : For which Reason he was , by the E. of Shaftsbury , said , to be a Prince , n●t to be paralell`d in Hist●ry . For certainly , b●sides the early Tryal which the King had of his Ambition beyond Sea , he h●d a fair warning of the hasty Advances which he made to his Throne in a s●ort time after his Marriage to the Queen : For no sooner was it discovered , the Queen was unlikely ●o have any Issue by the King , but he and his Part● made Proclam●tion of it to the World , and that he was the certain Heir . He takes his Seat in Parliament , as Prince of Wales , with his Guards about him : He assumes the Princes Lodgings at White-Hall , his Guards upon the same place , without any intermission between him and the King ; so that the King was in his Hands and Power every Night . All Offices and Preferments are bestowed upon him , and at his Disposition , not a Bishop made without him . After this , he changes his Religion to make a Party , and such a Party , that his Brother must besure to die , and be made away` to make room for him . And for the undeniable Proof of all this , a● length the Plot breaks out , headed by the Duke , his Interest vnd Design . Plain it was , that where-ever he came , he endeavour'd to remove all Obstacles to his intended Designs out of the way . And therefore , some there are who attribute the Extremity of the Duke`s rigour towards the Earl of Argyle , to the great Authority which the Earl had in some part of the High-Lands , and the Awe which he had over the Papi●ts , as being Lord Justiciary in those parts , and his being able upon any occ●sion to check and bridle the Marq. of Huntly , now Duke of Gourdon , f●●m attempting the Dist●rbance of the Publick Peace , or the prejudice of the Protestants . However , this is observable , That notwitstanding the height of severity , which was extended to him , there was as much favour shewn the Lord Macdonald ; whose invading the Shire of Argyle with an Armed Force , meerly because he was required by the said Earl , as being given him for what he did ; though when the Council sent a Herald to him , to require him to di●band his Forces , he caused his Coat to be torn from his Back , and sent him back to Edinburgh with all the Marks , both of Contempt of themselves , and Disgrace to the Publick Officer . But his Religion was sufficient to attone at that time for his Treason . And now the Duke , having a standing Army of Five Thousand Foot , and Five Hundred Horse in Scotland , at his Devotion , as well as in England , and the Parliament , the main Object of his Hatred , and his Fear ; being dissolved , back he returns into England ; where , under the shelter of his Brother`s Authority , he began in a short time to exert his Tyrannous Disposition , and play the same unjust and Arbitrary Pranks , as he had done in Scotland ; and because it was not seasonable yet to make use of Armed Forces , he set his Westminster-Hall Red-Coats , like Pioneers before a Marching Army , to level the way for Popery and Arbitrary Controul , to march in over the ruined Estates , and murder'd Bodies of their Opposers . The Iudges were his Slaves , the Iuries at his be●k ; nothing could withstand him ; the Law it self grows lawless , and Iefferies ridden , pl●ys the Debaushee , like himself . Justice , or something in her likeness , Swaggers , Hectors , Whips , Imprisons , Fines , Draws , Hangs and Qu●rters● and Beheads all that come near her , under the Duke's displeasure . Alderman Pilkington , the Late Honourable Lord Mayor , for standing up for the Rights and Liberties of the City , and for refusing to pack a Jury to take away the Earl of Shaftsbury's Life , is Prosecuted upon a Scandalu● Magnatum , at the Sui● of the Duke , Convicted and Condemned in a Verdict of an Hundred Thousand Pounds . And Sir Patience Wa●d , for offering to confront the ●uborn'd Witnesses , is Indicted of Perjury , for which , he w●s forced to fly to Vtretcht , to avoid the Infamy of the Pillory ; though in all his Dealings so well known to be a Person of that Justice and Integrity , that for all the hopes of the Duke , he would not have told an untruth . Sir Samuel Bernardiston , for two or three treacherously intercepted Letters to his Friends in the Countrey , fin'd ten thousand pounds , which he was not suffer●d to discharge by Quarterly Payments , but the Esta●e seized by the Duke's Sollicitors , to the end he might have an opportunity to be the more prodigal in the wake o● it . But this hunting after the Lives , as well as the Estates of others , was more intollerable , and that be the prostituted Testimony of sub●rn'd I●ish ● Rogues and Vagabonds ; and when that would not take the desired Effect , by the ●orced Evidence of Persons , ensnared and shackled under the Terrors of Death , till the drudgery of Swearing was over . Men so fond of Life , that they bought the uncertain prolongation of a wicked Mortality , at the unhollowed price of certain and immortal Infamy . And therefore , not knowing how to die , when they knew not how to live , accounted it a more gainful Happiness to quit the Pardon of Heaven's Tribunal for the Broad Seal of England . By this means fell the Vertuous Lord Russell , a Sacrifice to the Bill of ●xclusion , and the Duke's Reveege ; and yet of that Integri●y to his Country , and untainted course of Life , of whom never any spoke evil , but those that knew no evil in him ; only because he was one of those who sought to exclude the Duke from the hopes of Tyranny and Oppression , the Duke was resolv'd to exclude him from the Earth . But then comes the Murther of the Earl of Essex , for that it was a most Barbarous and Inhumane Murther , committed by Bravo`s , and bloody Ruffians , set on , hired , and encouraged by potent Malice and Cruelty , the preguant Circumstances , no less corroborated by Testimonies , wanting only the confirmation of Legal Judicature , has been already so clearly made out , that there is no place left for a hesitating belief . A Truth so conspicuous , as stands in defiance of the Ridiculing Pen of R. L` Estrange , to sham it over with the Buffoonry of his bantering Acquirements , i● cannot be imagined , but that so black a Deed of Darkness , was carried on by the Contriv●rs , with all the Secresie that could ●e studied , by Humane Wit. But never yet was Humane Wit so circumspective , but that the most conceal'd of Villanies have been detected , by s●range and little Accidents , which all the Foresight of Humane Sagacity could never prevent . More especially , after such a curious Inq●isition , and so much Labour and Industry , pursuing the Cry of this innocent Noble-man's Blood. Both the Circumstances and Depositions , besides the Declarations of others , ready to depose , are made publick at large to the World , and therefore to omit the long-since sifted , ●nd winnoed Contradictions of the Witnesses , that were made use of , to prove the Earl a Felo de se , there are three things since discovered , that carry a strong Conviction with them , of another sort of Murder , in the new Deposition of Dorothy Smith , detecting the Motives , the Author and Contriver , the Resolution taken to murder a Noble Protestant Earl , the manner concluded , and the joy of those Infatuated Bigots , when the Deed was penetrated ; and all this over-heard by the Maid , at the Meeting of one Lovet , and several other Persons , privy to the Plot , in the House of one Holmes , whom she then served , a Trusty Papist , seated in a by-corner of the Town , and where they thoughi themselves , for that Reason , in the greatest safety in the World. This Meeting was Nine Days before the Earl's De●th , where after they had vomitted out their Malice against the Earl , in the opprobrious Terms of Villany and Dog , and laden him with Curses , it was said , That he knew so much of their Designs , and was so very averse to their Interest , that unless he were taken off , they should never carry them on . Inducements , which , as they had carried off Sir Edmundbury Godfrey before , might be as easily admitted for the Destruction of a more considerable Obstacle ; more especially harboured in the Breasts of Men , that make it p●culiar propagate their Religion by Blood and Massacre . Therefore , to remove this great Obstruction out of the way , their gr●at Oracle , the Duke of York , was consulted ; who , after some Meditations , was for Poysoning the Earl : But his Highness being told , that manner of Death would not look well : There was another ; who proposed to his Highness , that he might be stabbed ; but that not being approved of neither , at length his Highness concluded , and ordered his Throat should be cut , and promised to be there when it was done . To all which , there needs no other Comment , but that the Earl's Throat was cut soon after , and that the Duke was in the Tower , separated from the King● and close by the Earl's Lodging , when the Murder was committed . After this , the Maid goes on , and deposes , That three days after , the same Persons met in the same House , and declared , That the Cutting the Earl's Throat was concluded on , but that it was to be given out , that he had done it ●imself , and that if any should deny it , they would take them up , and punish them for it . All which being spoken , as a thing contriv'd before the Fact was done , and verified in every particular after it was committed , are Circumstances that would hardly be wrestled with before Impa●tial Judges , at an Old-Baily Sessions ; where it would be also considered , that the terrible Prosecution of Braddon , for making Enquiry into the Murder , came all ●rom White-Hall , under the Management of Court-Injustice and Corruption . But lastly , the Maid swears , That the same day the Earl died , the same Pesons met again at h●r Masters House , and fell a Caparing about the Room for Ioy ; at which time one of them striking her Master upon the Back , cry'd , The Feat was done ; upon which , Holmes demanding , whether the Earl's Throat was cut , the other answered , Yes , and added withal , That he could not but laugh to think how like a Fool the Earl look'd , when they came to cut his Throat : Whereupon Holmes asking whether his Highness was there , the other replied , Yes . With which agreed the Informations of several Soldiers , that about a quarter of an Hour before the Earl's Death was discovered , observed the Duke to separate from the King ; at what time he beckned to two Persons , who coming to him , he se●t them to the Earl's Lodging , from whence they returned smiling , in less than a quarter of an hour , and told him the business was done , as one of them more particularly declared ; for which particular knowledge of his , he was afterward sent out of the World. Nor was the Informa●ion of the Woman less to be heeded , who in●orms , That as she was walking , a little before the Earls Death , before the Chamber Window , she heard a very great trampling and bustling in the Earl`s Chamber , saw three or four Heads move close together , and heard a loud and doleful cry of Murder . And whereas Floyd , the Sentin●l denied at Braddon`s Tryal , the letting of any Men into the Earl●s Lodgings before his Death , yet af●erwards with great remorse of Conscience , he confessed that he did let in Two or Three Men by the Special Order of Hawl●y , the Warder . It will be an un-accountable thing to Posterity , that the E. of S. should so readily part with his Money to Holland , suspected to be one of the Bloody Rus●ians , when● ever he went or sent for it , though a prof●●igate , at the same time convicted in Newgate for Robbery upon the High-way . It will also seem as strange , that Webster , an Under - Bayliff of St. Katherines , and an indigent Ale - Draper , should of a sudden be Master of Five Hundred Pounds , at such an unlucky nick of Time , as immediately after the Earl`s Murder . But I forbear to enlarge any further upon a Theme already ●o labouriously discussed , and Publick to the World. Only this is to be added , That it might seem strange , that after the Murder was done , such Care should be taken , and such strict Command given for the conveying the News to the Old-Baily , till we hear to what end it was done , by the King`s Counsel snapping so quickly at it , as if they had had their Lesson before , and improving it with all their Eloquence , to the Destruction of the Lord Russell . Nor is it unlikely , that Iefferies might be either privy to the Design in some measure at that time , or else be more fully acquain●ed with it in order to B●addon`s Tryal . More especially , if it be true , which is confidently reported , That his Lordship being at some publick Place , where he took an occasion to speak largely , in praise of the deceased King , when he had done However , ( said he ) whispering a Gentlem●n in the Ear , Had he liv`d Six Months longer , we had been all Hang`d , notwithstanding my Encomiums . The Discovery of which Alteration of the King , by a severe Expression which dro●t from his Lips upon reading a Letter from a Lord , who eat his last Meal with the Duke , and wrote the same on his Death Bed , as it seems to be confirmed by this Saying of Iefferies , so it was by many concluded to be the occasion of hastning the King`s Death . Concerning which , the Opinions of the World are various , and some severe , and bearing hard enough upon his Successor : But in regard it is a Mystery , as the Embrio of Conj●cture , which is only to be matur`d in the Womb of Time , and to be Midwiv`d into the World by future Discovery , we leave it to higher Scrutiny . The Justice of Heaven , perhaps not minding a present Revenge of his Death , who had not only prevented the Prosecution of Noble and Innocent Essex`s Blood , but so severely punished the Industrious Enquiry after it , only this is further to be mark`d , that the Irish Papists could for some time before , fix upon the utmost Period of his Reign , and the Duke was sent for in haste out of Scotland , without any apparent Reason for it ; besides that the King's Permission was obtain'd with some difficulty . However , by the violent and tremendous Death of his ●rot●er , he at length arrived at the long long wished ●●r Heaven of his Ambitious Desires ; and beholds himself mounted upon the Pinicle of Ro●alty , only that his Fall might be more conspicuous . He was no sooner Proclaimed , but he decl●red his Religion openly to his Privy Council ; however , he began with a mild and caressing Declaration , which he afterwards broke in every Line of it : A meer Trap , baited with Indulgence to Tender Consciences , on purpose to catch the Dissenting Mice , to deliver them , when caught , into the Paws of his ravenous Popish Cats ; but no sooner was he Crown`d ; but as if his Coronation-Oath , and all his Promises so lately made , had been no more ●han so many Pills of Opium , and believing himself environed with Power , sufficient to maintain his Tyranny and Opr●ssion , he invades Property , by Expulsion of the right Owners ; tramples upon the Laws by his pretended Prerogative of suspending Power , and goes about to pull down the stately Structure of the Protestant Religion , by the Suspension of one , and imprisoning and Arraigning at his Criminal Bar , no less than seven of the most Eminent Fathers of the English Church . And by a strange alteration of the Face of Government , Treason over-rules the Law , and Traytors impeached , are fetch'd out of Jayl , to sit Triumphantly domineering at the Helm of State ; and Iefferies , the Daniel , that in some measure might be said to be taken out of the Lyons Dens , for the Cruelty of his Nature , is advanced in open Hostility to Justice , to wage War with the Fundamental Constitutions of the Kingdom , A mean Spirit , insulting over his Inferiors , but a Spaniel to his Superiors : who , though he knew himself no more than a Tool in the Hand of a Popish Artificer ; the Shadow of Grandieur ; lofty under Contempt , and domineering only in Publick ; yet having pawn'd his Soul for the hopes of an Embroidered Purse , rather than decoil to Goodness , careers on in Mischief , and as if his Robes had not been Scarlet enough , dies them deep in Innocent Blood , and becomes his Master's Vassal , to en●lave the Nation . Such Counsellors as these hurried on the new Crowned King with such a Rapidness , to accomplish the great Work of introducing Tyranny and Popery , to which his own Fears of leaving the Papists worse than he found them , as furiously carried him , that he threw his Brother into his Grave , as if he had not had leisure to Bury him , or as if he had deem'd him not worth a Funeral , whom he thought not worth a longer Life : Unless perhaps he thought the Hypocrisie of pompous Obsequies , would have but provoked his Brother`s injur`d Manes , with which , as common Fame had spread it , he was already too much pestred . I will not here dispute the Truth of Apparitions , nor insist upon the vulgar Censures about the Town upon the Priests , for not detaining him in the half-way-Prison , but singing him out of Purgatory , to make his Brother melancholy , by facing him several times , and giving him an astonishing st●oke upon the back , as he was going down a pair of Stai●s in White-Hall ; yet this may be asserted , That Guilt accompanied with Terror , forms tho●e Apparitions in the Mind , which work the same effect , and obtain the same belief , when once divulg'd among the Credulous , as if they were real : However it were , it shewed he thought himself but little beholding to him for living so long , and consequently no way oblig'd to retaliate a Succession so late in the year , with so much loss of time . And now the first influences of his Tyranny and Fury against the Protestants , flew into Scotland , where , whatever Indulgence he shewed in England , he issued forth a dreadful Proclamation against the Dissenters , under the Notion of Enemies to the King and Government , and Destroyers of the British Monarchy ; sufficient to have given a more early Alarm to the Dissenters in England , had they not been ●ul●ed asleep by the softness of a present Repose , and the Charms of their Decoy-Duke Penn , the effect rather of their Simplicity than their Policy . But the first Act of his Revenge in England , brake forth u●on Dr. Oates : He could not forget the Doctor 's Detec●ion of his Conspiracies against the Kingdom . And because he could not ●ind ou● a way to hang him , his Chief-Justice Iefferies found out a punishment to gratifie his Royal Fury , worse than Death it self , and till then unknown among Ch●istians , in Im●tation of the Roman ●●stuarium , by whi●h the Roman Soldiers were often drubb'd to death ; or if they escap'd , sent into perpetual Banishment : As the Doctor was first of all Scourged by the common Executioner , beyond all Precedent . and then Condemn'd to perpetual Imprisonment . A Sentence of void of all Christian Compassion , that only a Iefferies could have invented . A goodly sight to see Protestant Judges condemning a Protestant , and the De●ector of a most horrid Popish Plot , upon the Evidence of known Papists , and some of them nearly related to the Executed Traytors , and this for Per●ury too , upon the Testimony of Witnesses already ●alsified . As if Justice were a thing that never had been Naturaliz'd in Heaven , but only depended upon the Will of the Prince , a kind of Tool to ●e used by his Bene-placito Slaves , at his or their Discretion , or the grand Poppet of the World , to be shewed in various Dres●es and Disguises , as the force of Judicature required● But as for Dangerfield , he had been once ●is Darling , frequently admitted to kiss his Hand , while he was in Conspiracy with him to suck the Blood of the Innocent . But there was no Attonement for his Revolting , and Revealing the hidden Mystery of Iniquity . Therefore he must dance the same Dance that Oates had done ; only the King did the World this small piece of Justice to throw away an inconsiderable Roman Cathotlick , to satisfie the general Discontent upon his being Murder'd . In the next place he calls a Parliament , and renews his A●●urances and Promises to preserve the Government , both in Church and State , as by Law establish'd ; and vows to hazza●d his own Person , as he had formerly done in d●fence of the just Liberties and Properties of the Nation . But still the Burden of his Song was , More Money . Which the Parliament , willing to engage him , if possible , by all the Testimonies of their Duty and Loyalty , or at least to sh●w that nothing should ●e wanting on their part , readily granted . And in regard that A●gyle was said to be Landed , under the Notion of a Rebel in Scotland , they declare● their Resolutions to ●●an● by , and assist him , wi●● their Lives and For●●●es , ag●inst all his En●mies w●a●ever . No less quick were they to gratif●e , than he to make th●●e Promises which he n●v●r intended to perform . And indeed , under the Const●rnation the King was then in , upon the Landing of Arg●le in Scotland , and the Duke of Monmouth in Engla●d both at the same tim● , p●●haps the Parliament might have bound him u●●o what Conditions they pleased , had they no 〈◊〉 their Opportunity . But those two Storms b●●● fortun●tely blown over , the one by ill Co●du●● , the other by the Treachery of pretended Friendship , and both Argyle and the Duke of Monmou●h safe in their Graves , the King was so pu●● up with a petty Victory over a few Club-Men , and so wrapt up with a Conceit , That he had now Conquer'd the whole Nation , that af●er he had got as much as he thought he could in M●desty desire , or they part withal , unless they saw great●r Occasions than they did ; which neverthel●ss were no small Sums in the heat of their obliging Generosity at the Commencement of a Reign , he turn`d them off , after he had sold them two or three inconsiderable Acts for all their Money . And now being freed from any further thoughts of Parliam●nts , believing himself Impregnable● he resolves to be reveng`d upon the Western People for siding with his Capital En●my , Monmouth ; an● to that purpo●e , send● down his Ex●cutioner in O●dinary , Iefferies , not to decimate according to the Heathen way of Mercy , but with the B●●o● 〈◊〉 his Cruelties , to sweep the Country before 〈◊〉 and to depopulate , instead of Punishment . At what time , acquaintance , or Relation of any that● sell in the Field , with a slender Circumstance tack`d to either , was a Crime sufficient for the Extirpacion of the Family . And Young and Old were hangd , in Clusters , as if the Chief Justice had design●d to raise the Price of Hal●ers ; besides the great number of those that upon the bare Suspicion were transported beyond Sea , and there sold ●or ●laves , an● the Purchase-Money given away to satisfie the Hunger of needy Papists . After Ag●s will read with Astonishment , the barbarous Usage of those poor people , of which , among many Instances , this one may seem sufficient , whereby to take the Dimensions of all the rest : That when the Sist●r of the two Hewlands hung upon the Chief Iustic●`s Coach , imploring Mercy on the behalf o●●er Brothers ; the Merciless Judge , to make her let go , c●●sed his C●ach-man to cut her Hands and ●●●gers with the lash of his Whip : Nor would he ●ll●w the Respite of the Execution but for two Days , though the Sister wi●h Tears in her Eyes , offered a Hundred Pound for so small a Fav●ur . A●d whoever sheltered any of those sorlorn Cre●tures , were hurried to the Sl●ught●r-House with the same in●xorable ou●r●ge , without any Consideration of either Age or Sex ; Witn●ss the Execution of the Lady Lisle at Winchester . As for Argy'e and the Duke , tho' they might die pi●ied , yet could they not be said to be unjustly put to death , in regard they had d●clared open ●ostili●y , and therefore it was no more than they were to expect upon ill Success . However , since they were betray'd into the Victor's hands , before any great harm was done , the Crime was not so great that nothing but a Mass●cre could atone for it ; more esecially considering what great Advantage the King made of these Rebellions . For it gave him a fair Oppertunity ●o encrease the Numebr of his Standing-Forces , under pretence , That the Militia was not to be depended upon , and of the Reputation he had lost of being so miserably unprovided against so wretched an Attempt as Monmouth's was . For which Reason he was resolv'd to be better provided henceforward for the Security of the Nation ; and to croud in his Popish Officers into Commands , under the Notion of Persons of Loyalty , and therefore such whose Persons he was neither to expose to Disgrace by a Removal , nor himself to suffer the want of : Cautions and wary of Removing his Popish Commanders , but minding not at all to remove the Fears and Jelousies of the Nation . However his plausible Promises , and this important Nccessity of augmenting his Standing Forces , were urg'd upon the Parliament , as undeniable Reasons for more Mony. So great a Confidence the King had either in the Awe which he had upon the Parliament , or that they were so Blind that they could not see through his Cobweb Pretenc●s . But he soon found that he was deceived in his Expectations , and therefore perceiving his gilded Hooks could not take , they were decently Dismiss'd after ten Days si●ting , with a Prorogation from October till February ens●ing . But it seems King Iames was so confidently assur'd , That the Bands of Friendship and Alliance between him and the French King were so Indissoluble , That wha●ever Assistance the Parliament deny`d him in England , he should not sail of from his Dear Friend and Confederate in France ; That the Parliament being call`d for no other Intent or Purpose than to betray the Nation , by Furnishing the King to accomplish his Designs of Popery and Arbitrary Government ; when they refused to be subservient to those Wicked Designs , and thought it more Honourable to be true to the Nation whom they Represented , than Serviceable to the Encroachment of his Tyranny , he laid them aside , as things no longer useful for him . And therefore like a man cased with their just demial of his Demands , he resolves the utter Subversion of English Parliaments , the only Remora`s of his ungodly Projects , by compleating the Disfranchising of all the Cities and Corporations throughout the Nation , so fairly begun in his Brother`s Reign , to make way for the Introduction of a French Parliament , That should at once have surrender`d all the Ancient Liberty of the Kingdom , and the whole Power of the Government into his hands . And this to terrifie men into flavish Complyance , with his Tyrannical Will and Pleasure , the Names of all such Persons , as out of Honour and Conscience , refused to Co●operate with his Popish Ministers towards the Publick Ruin of Liberty and Religion , and prostitute their own and the Freedoms of their Posterity to his Arbitrary subiection , were Threatned to be return`d up to the Attorney-General , to the end of their Persons and Estates might be undone by Illegal Prosecutions . In the next place , to set himself Paramoumt above all the Controul of Law , out of a vain Opinion that Kings are accountable to none but God ; A set of Judges are pickt out to overturn the very Fundamentals of Humane Society , and Annihilate the very ends of Goveroment . This the King knew must be done by Judges that had abandoned all ●igh Opinon of God and Nature , and had quitted all sence of Conscience and True Honour ; and had wholly given up their Judgments to the foolish Enticements of Ambition and Flattery : And when he had found out such , it was easie for him to say , with ●is Grandfather of the same Name , Let me make what Iudges I please , and I will easily have what I please to be Law , No wonder then these Judges having Instruments drawn up by Brent , which pass'd the Great Seal to Indemnifie them for whatever they did or said Illegally , affirm`d it to the King for Law , That the King was an Independent Prince . That the Laws of the Kingdom , were the Kings Laws . That the Kings of England might Dispence with all Laws , that regarded Penalties and Punishments , as oft as necessity required . That they were Iudges and Arbitrators who have Power to Iudge of the Necessity which may induce them to make use of these Dispensations . And Lastly , That the King of England could not Ronounce a Prerogative annexed to the Crown . By Vertue of which Concessions and Opinions of the Judges , all the Laws in England made in the Reigns of our four several Princes for the security of the Natinn against Popery and Arbitrary Government , were rendered of no Effect . By Vertue of these Concessions , Arundel of Warder , was made Lord Privy Seal , Alibon a Judge , and Castlemain was sent with great Pomp an Embassador to Rome , to be there contemn`d and dispis`d by his Holiness , for the bad name which his Master had among all the Princes of Europe , and the ill Opinion the Pope himself had of him . By Vertue of these Concessions it was , that the greatest part of the Kingdom`s Military Safety and Defence , was put into the hands of persons incapable to be intrusted with them by the Express Laws of the Kingdom ; and that the Execution of the Ancient Laws and Statutes of the Realm against divers sorts of Treasons and other hainous Crimes was stopt . By Vertue of these Concessions , Sir E● . Hale`s wa● made Lieutenant of the Tower , to Terrifie the City with his Morter-pieces , and level his Great Guns to the Destruction of the Metropolis of the Kingdom , when the Word should be given him . By Vertue of these Concessions it was , that Peters was made a Privy Counsellor , to outbrave the Arch-Bishop r● Canterbury and the Bishop of London : that he had his four Provincial Bishops , and that the Priests and Jesuites swarm`d in all parts of the Kingdom , Built themselves Convents , hired Mass-Houses , made open Profession of their Foppish Religion in the Chief City of the Nation , and in several of the Great Cities and Towns of the Kingdom , and publickly Ridicul`d the Scripture in their Pulpits . All which Transgressions of all the Laws of the Land both Civil and Ecclesiastick , are so fully Represented in the Memorial of the Protestants to their Highnesses the Prince and Princess of Orange , That they cannot be more fully , nor more sensibly repeated . But the Inundation stopt not here , it was to be a general Deluge , or nothing at all . To which purpose , all Obstructions , that oppos`d the Torrent , were to be level`d or remov`d out of the way ; for effecting of which , there could be no Engine thought sufficient , but that of the Ecclesiastical Commission , so Arbitrary in its Original , that it had nothing but the Pillars of the Prerogative to support it ; and mana`d with that Arbitrary Fury by Iefferies , That he look`d like a Monstrous Titan Warring against the Heaven of Law and Justice . For he had no way to carry Illegality with a high hand , but by arrogant Domineering , and surely Incivility , while he had nothing to offer to any Person , that offer●d Law to him , but Sic Volo , Sic Iubeo . To tell a Peer of England and the Bishop o● London so much his Superior , only that he sate upon the Throne of his Commission , he that was not to be mentioned with the Bishop in the same day , was such a foul piece of Exe●berance of his Guild-Hall Eloquence , which only could have dropt from the Lips of insulting Barbarism . All that can be said for him is this , That as many Men commit Absurdities when loaden with Wine , this was one of his Extravagancies in his Drink of Honour . And indeed , after he had tasted of that potent Charm , the whole Course of his Behaviour seemed , to be a meer Intoxication , which made him afterwards make use of the same Receipt to drown both his Life and his Dishonour together . However , the Suspending this Noble Peer and ●ishop , contrary to all pretence of Law , for re●using to ●bey the Kings unjust and illegal Command , was no such Advantage to the King 's Caus● , that he had so much reason to ●hank the Chancellor , or Peters either , for putting him upon committing a greater A●t of Injustice , to justifie a less . The Bishop was too w●ll , and ●oo generally beloved among all the Professors of Pr●testantism , for the Papists to put such an Affront upon ●o Eminent a Father of the Pro●estant Church , for them not to refent it ; even , the more prudent Papist● thought it a Proceeding too harsh and unreasonable , and the more moderate look'd upon it as too base and unworthy , so that the Hot-spurs of the King's Council were losers on every side . And besides , it was such a stabbing Contradiction to the King's Speech in Council upon his Brother's Death , That since it had pleased God he should succeed so good and gracious a Prince as his dear Brother , he was resolved to ●ollow his Example , more especially in that of Clemency and Tenderness to his People . That the Barbarous suspending this Bishop was one of Royal Word . Which though he had falsified already in his severity to Oates and Dangerfield , yet the Person of a Peer and Bishop , and a Star of the first Magnitude in the Church of England rendered much more conspicuous . But the King was under a necessity ; he had declared one thing to the Protestants , but he had bound himself to do another for the Papists . If he falsified with the Protestants , the Papists could absolve him ; if he proved unfaith●ul to the Papists , they would never forgive him . And in this Dilemma he resolved to ●ollow the Maxim of his Profession , Not to keep Fai●h with Hereticks . Neither were the steps he made , the steps of State●convenience , now and then upon an exigency ; but all in a huddle , out of his Zeal , to make large steps , for fear , he should die and leave the Papists worse than he found them . These severe Proceedings against the Bishop of London , werd the Violation of that part of his Declaration , wherein he promised the Preservation of the Ecclesiastical Government , as Established by Law. But the Barbarous usage of the Gentlemen of both Maudlin Colledges , was an unsanctified breach of another part of his Declaration , wherein he no less solemnly engaged to maintain the Protestants in all their Properties and Possessions as well of Church as Abby-Lands , as of all other their Properties whatsoever . Notwithstanding all which , how he turned these Gentlemen out of their Legal Freehol●s by the Arbitrary Power of his High Commission , how he violated the Constitutions of the deceased Founders , and with what an embittered rage and fury he rated them like Dogs , when they lay prostrate at his Feet , more like a Pagan Tyrant , than a Christian King , is notoriously known ; and all this , to make a Popish Seminary of one of the most noble and best Colledges in the University And this Peters looked upon as one of his great Master-pieces , as appears by a Letter of his written to the French King's Confessor , Father La Chese , wherein he had the vauntidg expression , I bave gained a great point , in perswading the King to place our Fathers in Magdalen Colledge in Oxford , where they will be able to tutor the young Schollars in the Catholick Religion , Nor was it thought sufficient to turn the Proprietors out of their Freeholds , but under pretence of Disobedience to the King's Commands , they were also made uncapable of any Eccles●●tical Preferment , or of the Exercise of Holy Orders , and deprived of all those other ways and means of Livelyhood , for which their Education had qualified them . Which as it was a piece of Inhumanity without Parallel , so it was a plain Demonstration of the main drift and design of the King and his Popish Furies , first to draw the Protestant Clergy into the snare of Disobedience , and then under pretence of Obstinacy and Stubborness , totally to suppress and silence them . And yet after all this , for the King so publickly to give himself the Lie , by proclaiming to all the World , as he did , such a notorious Untruth , as That he had never invaded the Property of any Man since his coming to the Crown , was such a piece of Dissimulation , that Oliver Cromwell himself , with all the Irreligion laid to his Charge , was never guilty of . Unless his Father Confessor designed it for a Miracle to be Recorded among Popish Wonders , That he who had done nothing else from the beginning of his Reign , but invaded the Liberties and Properties of his Subjects should be so confident as to deny it . But whatever , through the frailty of his memory , he had till then forgot , he was resolved , it seems , for the future , to make amends for his Omission . To which purpose he was now provided with such a Gun-powder-Plot , that had it taken Effect , would , ere a few months had gone about , have blown up all the Properties of the whole Clergy of England , without Exception of any Person that had ei●her Honour or Conscience , and the greatest part of the Bishopricks and Livings of England would have been pronounced void , to make way for Sa●dals and shaved Crowns . This was that cunning Declaration for Liberty of Conscience , whereby he undertook to dispense with the Laws , by the sole vertue of his Prerogative . An Attempt wherein his Brother had miscarried , being forced to surreeder up , and Cancel the Illegal Contrivance he had prepared for a Tryal . But King Iames pu●●ed up with the great Exploits he had in Person performed upon Hounslow-Heath , and the Glorious shew his Army made there , Rendezvouzed at the same time in the same place , to add terror to his Commands , resolved to make all Opposition to bow the Knee to Baal . In pursuance of those Resolutions , he Orders his Declaration to be Printed , requires the Bishops to cause it to be destributed through all their Diocesses , and to take Care that it should be Read in all the Churches and Chappels throughout the Nation . Upon this the Bishops Petition the King , setting forth the Illegality , and the ill Consequences of it to the whole Nation , both in Church and State ; and beg the King not to insist upon the Reading it . This so in●ensed Peters and the rest of the furious Hotspurs , and oonsequently provoked the King to that degree , That the Court-Lawyers are presently consulted , who adjudge the Petition Tumultuary and Libellous ; and thereupon the Archbishop of Canterbury , together with the Bishop of Asaph , Ely , Chichester , Bath and Wells , Peterborough , and Bristol , are first sent to the Tower , and then Arraigned and Tryed for Mutiners against the King's Popish Government , being Charged with an Information for Publishing a Seditious , Pernitious , and Scandalous Libel . But notwithstanding all that the King's Council , and the C. J. Wright , and Alibone the Papist could do , Judge Holloway , and Judge Powel , to the Eternal praise , stuck so close to their Protestant Principles , aud so strongly oppos'd the King's Dispensing Power , for which they were turn'd out the next day , that the Bishops were acquitted , to the general Joy and Satisfaction of the whole Nation ; and particularly the Soldiers upon Hounslow-Heath , whose Shouts and Acclamations upon the News of their Acquital , were so harsh and unpleasant in the King's Ear , that ●rom thence forward , he began to wish he had more Irish , and fewer English in his Army . But notwithstanding this Fatal Blow , the most undanted High Commissioners drove on furiously , sending forth their Mandates to the Chancellors , Arch-Deacons , &c. of the several Diocesses , to send them an ex●ct account of all such Ministers as had refused to Read the Declaration . And there is no question to be made , but tha● the severity of that Imperious Court would in a short time have swept the Kingdom clear of all the Protestant Clergy , had not indulgent Heaven put a stop to their impetuous Career . That which follows is so Romantick , that it looks more like a Novel , than a Story fit to gain Credit , hardly carrying so much Probability with it , as the Fable of Bacchus , cu● out of Iupiter's Thigh ; and which looks more Romantick than all the rest : That the King himself should believe● and urge it for an Argument to delude the World , That he who had suffered so much for Conscience sake , could not be capable of so great a Villany to the prejudice of his Children ; and in ●orcing the same Argument yet further , by saying , That it was his Principle , to do as he would be done by , therefore would rather dye a Thousand Deaths , than do ●he least Wrong to his Children . When the World was convinced , that he could not have suffered such an Affront to have been put upon him , but for the very Reason he alledged ; and that , as for his doing as he would be done by , it was apparent by all his Actions , that he could not speak those Words from his Heart , without some Mental Expositions reserved to himself . Certainly therefore , since it was for the Preservation of the Roman Catholick Religion , that the Contrivance was set on foot , it argues , that his Conscience was under the most dreadful Subjection to his Popish Confessors , or that his Zeal was no less strangely Govern'd by an Imperious Woman , that for the sake of Popery , he should consent to a Conspiracy against his own Flesh and Blood. He would not endure to be Excluded from the Succession , but that he would Exclude his own Daughters from the Succession , and yet tells us , ●tis his Principle , To do as he would be done by , as if he thought the way to make us credit a Story of his Son , were to tell an untruth of himself . The World , that grows Wiser every day than another : will never be made believe , that a Person debilitated by the unfortunate Effects of the exasperated Revenge of an injured Bed , and meeting with a Consort no less infirm , by whom he never had before any Child , but what dropt into the Grave as soon as Born , not having any substantial Rafters for Life to build upon , should so seasonably nick it , to be both the Parents of a sound Off-spring for the Preservation of Popery . She , who ought to have taken all advantages , to have had publick and undeniable Testimonies of her Glory , to be the Mother of a Prince , so providentially sent from Heaven , to Support and Establish the Roman Catholick Faith , in a Revolted Kingdom , would never have been so reserv`d , and shy of exposing the Symptoms of her Pregnance , but only to a few that were privy to the Imposture . But omitting the manif●ld Circumstances , sufficiently already c●nv●ss●d , to detect the Pious Fraud , and the Chyrum of Affidavits to cover the Chea● , all brought upon the publick Stage , by dire constraint on the one side , and immodest Bigotry on the other ; the unhappy occasion of revealing the A●cana of Generation to every Turn-spi● , and serving only to enflame the Desires of wanton Youth : Omitting , I say , the Circumstances , there are others , no less remarkable of another Nature , as the sending Castlemain to Rome , among other things , ●o Impart this Affair to his Holiness , and to know whether the Apostolick Sea would stand by the pretended Prince , in case the Peop● should dispu●e his Title . And this seems to be co●fi●m●d by the coming over of Count Dada , in the Quality of the Pope's Nu●cio , just as the Force was contriving , and the Pope's being afterwards God-Father to the Child . In the next place , about the time that the Conception was pretended , Father Peters was taken into the Privy-Council , to give the Report all the Favour imaginable at the Board , to prevent the being of it Contestee , or if it were to satisfie all manner of Doubts , and so incite the Lords to make such Orders , as the Case required , which had not been so proper for the King , or the rest of the Popish Lords , who knew not so well what to insist upon . Another thing was , that the Child was no sooner Born , but it was translated to Richmond , lest the pretended Mother should have been put to the Trouble of a forced Fondness ; which , had the Child continued with her , would have prov'd a part so irksom , and so ill for her to act , that notice would have been taken of it . Nor was it less observable , that at the same time the Bishops were lock'd up safe , that they might ●e out of the way of being call'd for Witnesses , whose Impartiality otherwise would have been desiring more satisfaction to their Consciences , than the depth of the Mystery required . To which may be added , That at the first , the King himself , who had most Reason to know , did not seem to give Credit to the thing , or at least , was very doubtful of it ; and therefore , when the News was first brought him , as one that rather wished it true , than thought it to bè real ; he made answer to the Messenger , If 't were so , it was very odd , till finding , that the Lady of Loretto would take Bribes , and had espoused the blessed Design , he was bound to believe , that his Mother-in Law`s Prayers , and the Diamond Bodkin had prevailed ; and that his Royal Consort had been impregnated by an Apparition , like the Mother of Damaratus , King of Sparta . However , it was looked upon all over Eu●●pe , as a very low and mean Condescention of a Sover●ign Prince , Hedge-Sparrow like , to hatch the Cucko`s-Egg , and own the suppositious Issue of another Man ; which they , who pre●end to make the best Excuse for , seem willing to believe , proceeded more from Fear than Conscience , in re●●rd , that being Privy to the many Conspiracies of the Priests and Jesuits against his Brother`s Life , it possessed him with such a dread of their Popish Mercy , that he yielded to whatever they desired , for his own Preservation . On the other side , the Priests and Jesuits were so terribly afraid of a Revolution after his Death ; that by the Power of his imperious Queen , and their own Importunities , they hurried him on to all those Impolitick Exorbitances , that hastned both their own and his Ruin. For now the Nation , no longer able to brook such a deluge of illegal Oppressions , and the whole Body of the Nobility and Gentry of the Kingdom , observing such a general Desolation impending upon their Religion , Lives and Fort●nes , apply themselves to their Highnesses the Princess and Prince of ORANGE , as the only Cherubims on Earth , under whose Wings they could retire for Safety and Protection . Who no sooner , with a Generosity becoming a true Defender of the Protestant Faith , appeared in their Defence , but Consternation seized King Iames , and all his raving Counsellors . Upon the first News of the Heroick Prince's Preparations , he takes off the Bishop of London's Suspension , restores the City●Charter , with all those other Franchises which had been so tempestuously ravished from other Corporations , and returns the Ejected Gentleman of both Universities to the Freeholds which he had wrested out of their hands . But yet to shew how firm he was in his Resolutions to resume the same Despotick Power again , had his Success once answered his Expectations ; after he had ordered the Bishop of Winchester to put in the Fellows of Maudlin Colledge , he no soone● heard of the Prince's being put back by storm , with some small Loss , which was heightned out of Policy in Holland , but he recalled his Orders to the Bishop , sent for him to London , and stopt the Re-admission of the Fellows , till he heard the Prince was again Embarked , and prosperously bending his Course for England . So soon as he heard the Prince was Landed , he summons his Affidavit Lords and Ladies about him , in hopes to have sworn his pretended Son into the Succession , in case of any Miscarriage of his own Person , which he never intended to indanger . After that he flew to Salisbury , believing the Terror of his Name would have gain`d him present Victory● But not meeting the good Fortune he expected , all that he did there , was to discourage his Soldiers with his Pusilla●imo●s Fears and Frights upon every little Alarm of a Post-Boy : So that although he had good Counsel given him , to Horse all his Foot , displace all the Collonels , and advance the other Officers gradually , and fall upon the Enemy while they were ●et labouring under the Inconveniencies of the Sea , and before their Numbers increased , he rejected it , unless he might keep his Teagues about him , and expose the English to the usual Dangers of s●oad-bea●ers . Which , together with their ununwillingness to Engage the Deliverers of their Country , so aliena●ed their Hearts from him , that they deserted him by Troops and Regiments . Despo●ding at this , and more terrified with a little bleeding at the Nose , than he had been with all the innocent Blood which he had caused to be spilt , ●e returns back to London ; and having sent his Queen and her Babe be●ore , which was sufficient Warning for Dada , Peters , and the rest , to provide for themselves , he withdrew from the City ; but being taken , rifled , and seized by the Country People , near Feversham , before they knew him , he was brought back to White-hall , where , having his Choice given him to stay in England , or to go beyond Sea , he rather chose by a voluntary departure , to ab●icate the Realm . To which he was advis`d by his Council , that assured him , The Distractions of the Kingdom would make way for his Return in a little time ; Which God forbid . And thus , to the surprize of all Men , came to pass a Revolution so Sudden , so Great , and Unexpected , that History cannot parallel . It seem`d a Laybyrinth of Providence , to which the Belov`d of Heaven WILLIAM HENRY only had the Clue ; while Prudence and Fortitude were the Araidnes that gave him their Assistance to subdue the Minotaur that devoured our Religion and Liberties . Two conspicuous Examples at once of Heaven`s Indignation , and the Almighty●s Favour ; the one pursuing to his downfal , an Apostate from God , and an Oppressor of his People , and exposing him among unbelieving B●g-Trotters upon the lingring Death-bed of his gasping Glory , the fettered Vassal of the once fawning Confederate . The other prospering with Miracles of Success , the Generous Redeemer of the True Reformed Religion , from the devouring Jaws of that double headed Monster , Popery and Slavery : By whose Auspicious Conduct , two late languishing Kingdoms , groaning under the heavy weight of Misery and Tyranny , enjoy a Jubilee of Peace and Tranquility , and freed from the d●ily fears of Mas●acre and Destruction in the fair way to recover their Pristine Glory , have now no more to do , but to repay their Praises to Heaven , and their due acknowledgments to them that have approv'd themselves the truly indulging Father and Mother of their Country : A Prince , the wonder of His Age ; a Princess , the Miracle of Her Sex ; in whom all Virtues , as in their proper Centre meet , rendring the Nation happy in Two in One , as the whole World is blest in Three in One ; and upon whom , next under Heaven , depend ●he Hopes of all that cordially desire the Welfare , and Prosperity of Christendom . Here ends the Secret History of the Four Last Monarchs of Great-Britain . AN APPENDIX , Containing the Secret History OF King IAMES the II. Since his Abdication of England , Continued to this present November , 1692 / 3. Being an Account of his Transactions in Ireland and France . With a more particular Respect to the Inhabitants of Great-Brittain . WHen one looks back , and reflects upon the continued Conduct of our late Monarch , both before , and after his Accession to the Crown , and the dismal Consequences thereof to these Three Kingdoms , and at last to himself ; I cannot but regret the Fate of those Princes , that abondon their true Interest , Reason , Conscience , and Honour to Iesuitick Councils , and enslave themselves to a Party , justly abominated by the better part of the Romish Church it self , for their gross Encroachments upon Religion , Morality , and all that 's Sacred among Men. When I look back to the many Tragedies , acted by that Fraternity , both in this , and the last Age , scarce a Kingdom , or State in Europe , where their Villanies have not come up to the utmost reach of depraved Nature . When I call to mind the horrid Desolations , Murders and Wars , they have been instrumental of , in the most remote parts of the World ; witness some Millions of Souls in Iapan , and other parts of Asia , Sacrific`d not many Years ago , to their Ambition and Intrigues , under the Notion of propagating the Catholick Faith ; I say , when I consider all these things , I am the less surprized with the dismal Effects of their Councils in England , since the same Fate attends them every where . But I must confess , that among all the Martyrs to Lo●ala`s Principles , the late King Iames is the Subject of Admiration : To see a Prince imposed upon by these jealous Bigots , to trample upon the Religion and Liberties of his People , contrary to the Fundamental Laws , and the most solemn Promises and Oaths , under the false Mask of Piety and Zeal to the Catholick Faith , and at length to find him seduced to abandon his Kingdoms , and thereby an absolute necessity put upon the Representatives of the People , to fill up his Throne , vacated by his own Fault , is a Subject that naturally displays the Vanity of humane Greatness . And I may add , That the unaccountable Doctrine of Passive Obedience , as it was the Source of a great many Mischiefs among our selves ; so what has b●●allen th●● King , may be partly imputed to it ; for the b●●●●ing . That without controul he might do what he pleased , encouraged him to take such ●easures as have brought upon him all his Misfortunes . Soon after , the late King Iames's Abdicating of England , and retiring to France , it was judged by him , and his doubly Deputy Fyrconnel , the ●ittest time to put the long contrived Designs of Sub●erting the Protestant Religion , and i●troducing Popery into full Execution in the Kingdom of Irel●nd , ( ●otwi●hstanding the ill Success the like Attempt had met with in England ) upon which , in December , 1689 , there was a Mo●ion made in Cou●cil for disarming all the Pr●testants of that Kingdom that had any Arms left them ; which being known , and most concluding , that as soon as their ●rms were taken ( there being then a hot discourse of a general Mass●cre ) 't was only to leave them more naked , and exposed , so as that it might have its full Effects more easily , and with less opposition upon them , which alarm'd the Protestants so , that many Thousands came flocking over , to avoid that fatal stroke . Now were the few Protestants , who liv`d disperst , left to shift for themselves . In the mean time , the Lord Tyrconnel ( who still had the Sword undemanded , and undisposed of to any other ) issues new Commissions , not only to the Roman Catholicks , who had some Estates , bnt to all , who were willing to stand up for the Cause , that were Men of broken Fortunes , and worse Fame , that could influence the Rabble , and raise Companies , only with this Salvo , that they should maintain them for three Months , at their own Cost and Charges , and then they should have their Commissions given them ; by which it was adjudged , in regard there was but little Money in the Treasury , they should be fitted for Service against King Iames should come , or send them Money ; or , that if the Deputy found an Army ready to Land out of England , what Money was there would be little enough to bear his Charges , and furnish him with necessaries on his flight . But these Commissions ( or rather Encouragements ) being very many ; for every one that could get about Sixty Kearns , or Country Fellows , to joyn with them , and own him as their Captain , immediately strutted , and looked very big , and was honoured by the Name of Captain ; so that it was nothing strange to have 20 or 30 Companies in a County , and these the noted Vagabonds , and Cow-stealers ; so that presently the Captains ( many of which had not Three Cows of their own ) had several Hundreds of Cattle driven into Nookes and By-corners ; and all that were branded were sure to go to Pot , in regard the Horn ( as they called it ) spoke English : The rest were sent into other remote Counties , to the Officers there , and those again sent there stolen Cattle in exchange for the other ( which was done to elude a Proclamation from the Lord-Deputy , on the many and daily Complaints he received on the Account of the stolen Cattle ) requiring all Officers , as well as others , to be aiding and assisting to recover the stolen Cattle , and to punish the Offenders , which passed for Currant : For it was well if a Protestant could go safe to the next G●rrison , who sometimes would be so civil ( especially if a Sum of Money were given his Men , to assist in the search ) as to send Eight or Ten Miles , but besure the Cattle must be far enough from the place searched : and sometimes , when 30 or 40 far Bullocks came to be made a Prey , that about a Third or Fourth part mu●t be laid aside for the Pott ; the rest , for a Bribe of 5 or 6 l , would be got by some of the Soldiers , who would swear lustily they were forced to promise much to the Spy ; yet no sooner ( on the delivery of the greater part of the Cattle , and the Money received ) but besure in a Night or Two , the Cattle were again stolen . Thus the merry Drovers ( as they called themselves ) valued not to joyn , about 60 or 80 , or an 100 in one Party , and force away what Cattle they had a mind to : So that sometimes an Hundred Sheep would scarce seed the Drivers , and their Families , and Friends ; and a Purchase of an Hundred was only fit to be divided among them and their Crew , into Lors and Parts . And now these new raised Forces were almost half Armed out of the Stores , the rest were pretty well fitted for Pikes , made in the Country ; and the Priests and Fryars , Commanded ( on Obedience to the Holy See ) that no Person whatsoever should appear at Mass without his long Skeene , and half-Pike , which accordingly was performed ; and one Person , who had not ore Foot of Land , but what he Farmed from an English Gentleman , had 12 Dozen of each made for himself and Tenants ; an Account whereof was sent to the Government , but no notice taken . And now it was thought fit , that these new raised Forces should betake themselves to Garrisons , which was s●ddainly done . And not only were the King's Garrisons , Forts and Castles , well stored with them , but in many Gentlemen's Houses that were any thing , ( or whose Owners were ●udged disaffected to them ) we●e likewise filled with their Numbers , and the Proprieters , or Possessors turned out , and the Provision Seized ( and as it was an extraordinary Favour to get off any Goods , that were of any Value ) or pretence that they were for the King`s Use , and that he would make Sa●isfaction , when , how , and in what manner he thought fit , and that was not the least thing done by his Command . Now was it plain , that this Army was not design'd to fight with Butter-flies , and that the Lives of all the Protestants that stayed , were in apparent danger . On which , an humble Requ●st was made to one or two Persons of greatest Quality and Station , to stand up for the ●rotestant Religion , and English Interest . But others , through a mistaken Zeal for Loyalty , or judging the scattered and dispersed Protestants , too weak to withstand their shock ( much less to disarm the Party design`d ) `twas there●ore declined , and judged unfit to attempt , as they proposed , seizing the Sword , Lord Deputy and Dublin . Now Tyrconnel , having by King Iames's expr●ss Command , disarm'd the Protestants in g●neral , throughout Ireland ; the Irish Cut-Throats , Sons , and Grand-Sons of the Massaker of Forty One , being Armed in their room ; the Act of Settlement broken throughout Ireland , the Irish Clergy having re assumed their Bishopricks and Livings , committing great Abuses on the Protestant Clergy , ( as has been already hinted at ) Advice came to Dublin of King Iames`s being Landed at Kinsale , and that he was on his way for the City : At this Prince● first Arrive● in Ireland , to ingroriate● himself with the Protestants , and to ●eget an Opinion of his great Clemency among the People , he very Graciously condescended to grant a general Pardon to the Inhabitants of the Town of Bandon , amusing them with an assurance of an absolute Ind●mnity ●or their Transgressions ; but soon after he remitted them to the Severity of the Law , and exposed them ●o a Tryal for their Lives , upon which they were ●ll found guilty of High-Treason ; and no otther Consequence could rationally be expected , when both Judges and Jury were composed of inex●●rable Papists : And , in the mean time , this mighty Crime was no more than that the Inhabitants of the place observing th●ir Neighbours to be openly Robbed and Pi●aged , and from Clandestine Thievery , to proceed to violent Depradation , they ●hought it prudent to shut their Gates , and avoid Plunder by a necessary Defence , and self-Prese●vation . This was the first E●●ay of the Gracious Indulgence of a Popish King to his Protestant Subjects . This was a plain Specimen of what is to be expected from him , who will Mortgage his Reason to the Humour of his Priests . Soon after this , King Iames , to ing●atiote himself with the People of England , sends over a specious Paper , which was privately disperst by his Friends in London , under the Title of King Iames His Declaration to all His Loving Subjects in the Kingdom of England , which was in Substance as followeth Although the many Calumnies , and dismal St●ries , by which Our Enemies have endeavou●ed to render Vt and Our Government odious to the World , do now appear to have been advanced b● them , not only without any Grou●d , but against Their own certain Knowledge , as is ●vident by their not daring to attempt th●se Charges to the Wo●ld , which we cannot but hope , hath opened the Eyes of Our good Subjects , to see how they have been imposed upon by des●●ging Men , who , to promote their own Ambiti●us Ends , care ●●t what Slav●r●●h●● reduce Our Kingdom● to . That since Hi● Ar●i●al in Ireland , the Defence of His P●otestant Subjects ( as he calls them ) the●r Religion , Privilodges and Properties , is especially His Care , with the Recovery of his own Rights . And to this end , he ha● preferred such of them , of whose Loyalty and Affection he is satisfied , to Places , both of the highest Honour and Trust about his Person , as well as in his Army . That by granting his Royal P●otection in Ireland , to such , whose Minds were shaken by the Arts of His Rebellious Subjects , has dispelled their Apprehensions , and e●●ectually secur`d them against the Attempts , even of their private Enemies . And then adds , His Ears have been alwas open to their just Complaints . And so far has His Royal Mercy been extended to those that were in Arms against Him ; that he has actually pardoned several Hundreds of them , and most notorious Criminals are swept in an easie Con●inement . Then he goes on with his wonted Professions of kindness to the Protestant Religion , Church of England , and Protestant Dissenters , &c. It seems , King Iames continues in His wonted Road , of taking wrong Measures , both of Persons and Actions , which has been the occasion of all His Misfortunes , When he talks of His Enemies th●● have rendred Him and His Government odious to the World ; He mistakes himself , if he means those worthy Patriots , that being weary of his insupportable Encroachments upon the Religions , and civil Liberties of these Nations , did lend a Hand , to deliver themselves , and fellow-Subjects , ●rom a Ruin that seemed almost inevitable . The reading those Lines , wherein he makes great pretensions of Defending the Protestant Subjects in Ireland , puts me in mind of the Parallel , so exact●● observed betwixt the French King , and Kin● Iames , in all their Conduct , and particularly in both there way of asserting the calm Methods , used by them tow●●ds their Protestant Subjects . When that Common Enemy of the Christian part of Europe . ( as a late Pope was pleased to call him ) had out-done ●ll the Neroes , and Iulians of old , in the Art of Persecution , and had rendered himself abominated to the World , by the Cruelties committed by his Dragoon Missionaries upon those very People that had done him the best Offices , and preserved the Crown upon his Head in his Minority ; yet at the very same time , Lewis the X●V . and his Ministers have had the Impud●nce to affirm , That no other Methods were used to convert those poor Victims , but those of a fair Perswasion and Calmness . Just so , King Iames , that he may follow as near his Corps as possible , having , since his Arrival in Ireland , abandoned the Protestants of that Country , to the Merciless Rage of an Enemy irreconcileable , from both a Principle of Religion , and civil Interest ; who , within his View , have laid desolate whole Counties , and acted Barbarities , proper only to themselves , and their French Confederates , and by which , they forced away a great many Thousands from their Country , at the point of starving , having sav'd nothing of their Fortunes from so universal a Calamity . Yet , notwithstanding all this appears in the Face of the Sun , King Iames , that he may nor come short of his Patron , boldly affirms , That the Religion , Priviledges and Prop●rties of his Protestant Subjects ( as he names the● ) are his chie●est Care , over and above ; and so much for the Declarations . It is a Matter , not unworthy the Observation , how dexterously the Government in Ireland could prevaricate in their Dealings with the poor enslaved Protestants ; for upon any Apprehensions of Succours , arriving from England , or other pre●ext to fleece and squeeze them ; an Information was presently given , how numerous the Protestants were , and what danger may rise from thence ; and then they were forthwith con●ined , and hurried away to Prison , and their Houses and Goods exposed to the Rapine of the Irish and French. At another time , when it might be sub●evient to their Designs , to lessen the number , and under-value the Strength of the Protestants , then they give out , that their number was but small , and their Interest inconsiderable . And this is very remarkable in a late Passage at the City of Lymerick , where the Cabal of the Papists projecting to get the Churches there into their Hands , represented to the King and Council , that the Protestants in that place were so very few , that there was no need to assign them any more than one Church for their Meeting , If at any time an Information was given to the Government of any Money , Plate , or other things valuable in the Hands of a Protestant , though guarded by the Solemnity of a Protec●ion , this was soon seconded by the Suspition of some Plot against the Government ; and immediately a Party was sent to seize their Persons , to search , and Plunder th●ir Houses ; and so , after the Infliction o● all sorts of Misery and Distress , they are admitted to Liberty , under the Caution of Bonds for good Behaviour ; but nothing left to s●●●●in them , or to prevent the Calami●ous Assaults of Poverty and Famine . At another time , they proceed with more Jesuitical fierceness ; for having in their Eye a concealed Purchase of Money , or good Moveables , in the Hands of a Protestant , immediately an Order was secretly granted , to seize the Persons , and secure their Goods ; and then , to amuse the World with an Opinion of their Justice and Lenity , a Proclamation was contrived with a plausible promise of Indemnity to all Protestants under their Protection , and an Invitation to all Men to rest secure under the Benignity of it . But in the mean time , the Matter is so ordered● that the Proclamation shall not be Published , or delivered into the Sheriffs Hands , or other Officers , tho` antidated before the issuing such Order , till a certain Advertisement be received● that the Order is executed , and the Work done . What a miserable an unexpected Oppression is it , that the poor Subjects shall be compelled to par● with their Goods and Merchandize , for a contemptib●e Lump of Brass and Pewter ? Yet such hath been the const●nt proceeding of the late King towards his Subject● in Ireland ; whose Goods and Commodities he rather Seized than Bought , and becoming the grand Merchant of the Kingdom , he was the general Ingross●r of all Trade , which he Vends and Expo●ts to his dear Correspondent in France : Bargaining with the Owner at such a rate , as the Buyer is pleased to make , a●d discharging his Contract in Bills of Copper , Pewter , and Brass , which can in no way avail the poor Seller , or support him in the Circulation of his Trade . I will only present the Reader with one instance , ( among innumerabl● others ) and give him an Aut●en●ick Account of what Goods were taken up in Dublin at one time ●or the King's Use ( i. e. ) were Seized by Armed force , and a Price set upon them at the pleasure o● the Taker . Seized in the City of Dublin , for the king`s use , Feb. 6 th . 1689. Of T●n●ed Hides , 18771. Of Raw Hides , 14687. Of St●nes of Wooll , 61105. Of Tun● of Tallaw , 389. Of Stones of Butter , 40. The like Methods were put Execution in all parts of the Country , Seizing and carrying away what the Protestants had , in order to be sent after the former . After the King had made Brass-Money currant in Ireland , it was at first pretended to pass only in Payment between Man and Man , in their daily Commerce and Dealings , and in publick Payment in Debts to the Exchequer . But soon after , the Irish beginning to consider , that they were generally indebted to the English , and that this might be a fit season , and a lucky opportunity to get their Debts easily , and cheaply discharged . A Proclamation was published , enjoyning and requiring , That Copper and Brass Money should p●s● as Current Money , within the Realm of Ireland , in the Payment of Bills , Bonds● Deb●s by Record , Mortgages , and all other Payments whatsoever . By which knack , many a poor Protestant was fobb'd out of his Right , and compelled to take an heap of Trash for Debt . One of the most emine●t Silver● Smiths of Dublin , having sold all his Plate to a Papist , who promised to pay him his Price ( agreed upon ) in Silver and Gold ; but no Faith being to be kept with Hereticks , the Goldsmith was compelled to take Brass and Copper . And soon after this , the late King put forth his Savoury and Fruitful Proclamation , to make Brass Money pass in Satisfaction of all Debts , Signed at Dublin-Castle , Feb. 4 th . 1689. But I challenge all Histories and Records of Nations , to parallel the late shameful usage of the poor Protest●n●s Prisoners in G●llway , upon whom was placed so odious a Cheat , so unman-like a Sham , th●t Posterity will hardly be induced to believe it ; and I must implore the Charity of the present Age , nor to look it as a Fable ; but it is ●o certain , and so sad a Truth , that I defie the Subtility and Impudence of a Jusuite , to gain say , or contradict . There was a Stipulation made some time ago , between King Iames , and the French Tyrant , to exchange some Regiments of Auxillaries , and about 5000 Men being accordingly sent from France , and Landed in Ireland , the late King ordered the like number of Irish to be forthwith Embarked , and Transported into France , among whom , the Regiment of Collonel Rob. Fielding was appointed to be one ; but before he could get his Regiment on Board , a great number of the Men run away , according to their natural and usual Custom ; so that he became mightily puzzled what shift to make to recruit his Regiment , whereupon this expedient was found out . There was in Galloway about 120 English Prisoners , who had endured the Misery of close Confinement , Cold , Hunger , and daily Expectation of violent Death , for above 14 Months for pretended Treason . To them Coll. Fielding applyed himself , promising , that for every one that would raise ●ight Men , and deliver them to him to recruit his Regiment , such should not only have their immediate Liberty , but an absolute Pardon ; and to that purpose he produced the l●te King's Warrant ●or a General Pardon . The poor Gen●lemen overjoyed wi●h the security of their Lives , and the Prospect of their Liberties , consented readily ; and in a short time , about 14 of the Prisoners ( with extraordinary Pains and Charge● ) brought in the number demanded , and delivered them to the Conduct of the Collonel ; whom , with his Men● was no sooner Shipp'd off , but an Order was sent from the late King , to seize upon those deluded Gentlemen , and to recommit them to their former Prison , on pretence , that Fielding`s Contract with them , was not done with his Allowance : The Great Turk would blush to be charged with such an Action , and the very Heath●n would abhor it ! An Action , fit only for the Monsieur of France , and such Princes as are influenced by his Ex●mple . The French had not been Two Days in Dublin , when they murdered Two or Three Protestant Clo●thiers , in a part of the City , called Comb , for that ●reat Crime of protecting their Wives from being made Prostitutes to the French ; of which Inhumane Act , no Notice was ever taken by the late King , or his Government , more than if Two Dogs had been shot . About the same time , some of them took a Country-Maid , that came to Market with her Father , and defloured her in the open Street at Noon-day . A motion was made in Council , that the City of Dublin should be fired , the Protestants being first shut up in the Churches and Ho●pitals ; and then , if they lost the Day at the Boyne ● to set Fire to all : Whereupon the Irish Papists , Traders in the City , and those of the Army , that either themselves , Relations , or Friends , own'd Houses in it , apply'd themselves to their King , and told him , They should suffer in that Expedition , as well as the Protestants , and that they would not draw a Sword in his Defence , unless all Thoughts of Burning the City were set aside ; and declared , That as soon as they saw or heard of any Appearance of Fire , they would fly from his Service , and submit to King William's ; Mercy ; of which , now they had a good Experiment . The World is very sensible , that `t is the common Ambition o● degraded Princes , how just soever Dethroned , to endeavour their own Restauration . There is a Chance in a Crown , and `t is an extraordinary Resignation that can quit the P●etences to Titles so great , though never so deservingly forfie●ed . We do not therefore at all wonder at the Irish and French Army , prepared for King Iames`s intended Descent , and Invasion of England last Year , nor the early Naval Preparations of the French on that Occasion . Such Expedition on so important an Attempt , carried some little Face of Glory in it . His very Enemies could not deny , but such an Enterprize had been an Ambition , well push'd ; and had he suceeded , he mighty fairly have written himself Iames the Conqueror . But as bold and gallant Atchievements in the U●iversal Standard of Honour , carry a great Name ; and which true Greatness possibly , has no occasion to be ashamed ●f . Nevertheless , there may be those poorer Designs ; that instead of being either Great or Glorious , perhaps may carry the Vilest , and most abject Face , that a much less Character then King Iames ought to blush at . As for Example , the followi●g Commission . Iames , By the Grace of God , of England , Scotland , and Ireland , King● Defender of the Fai●h , &c. To Our Trusty , and Well-Belovd , Capt. Patrick Lambe●t . KNow Ye , That we Reposing special Trust in the Approv`d Fidelity and Va●our , hav● Asn●●ed , Constituted and Appointed you , Commander of the Good Frigate , called , the Providence , and further , We give you full Power and Authority to enter into any Port or River of the Kingdoms of England , Scotland , and Ireland , or any Territories thereunto belonging , and either there , or at Sea , to Take , and Apprehend ; and in case of any Opposition or Resistance , to Sink , Burn , or otherways , Destroy all Ships and Vessels , together , with their Goods , Loading , and Merchandises belonging to the Inhabitants of England , Scotland , and Ireland , or either of them , together with the Ships Goods , and Merchandizes of the States of the United Provinces , or Their Subjects , and to bring and send up all such Ships and Goods , as they shall take in some Port of France , and to procure the same to be Adjudged , Lawful Prize in the next Court of Admiralty , Established by our Dear Brother , the most Christian King. And the Tenths , and other Dues a●ising out of the said Prizes are to be paid to Thomas Stratford , or in his Absence to Iean Nimport , of Brest , or to such other Persons as shall have Authority from Us to receive the same . Signed , Melsort . Given at Our Court , at the Castle of St. Germans , Feb. 22. 1691 / 2. Here you find , instead of a more warrantable Ambition of recovering Three Kingdoms , he poorly descends to grant his Commissions to Privateers to Rifle , and Spoil all the Subjects of England , Scotland , and Ireland , indifferently to Burn , Sink , and Fire their Vessels , &c. and all this without respect of Persons , Interests or Religion . The severest Ro●anists , or most violent Iacobi●e , ( without exception ) is to be swept in the common Doom . So that instead of pretending all his former promised Impurity and Tenderness to the People of England , or instead of Bravely grappling at his Royal Rival in the Imperial Seat , he vilely assumes little less than a common Pyrat , Authorizes the Depredations of the E●glish Merchants , even by the very Hands of English Men. This last poor Spirited Meanness must either plainly tell us , that he has utterly renounced all Hopes of Recovery of his Kingdoms , and so under that Despair , he resolves to play at a small Game , rather than stand out , ( which indeed is the best Title I can give it ) and consequently ( like the famous Dyonisius , sumed Pedagogue ) when he can scourge Kingdoms no longer , he prepares his lesser Rods for a more Tyrannick Lash ; or else , that forgetting that he ever was a Monarch , and therefore blushing at nothing , though never so Unprincely , he contents himself with being under-Secretary to the French King , whilest the little Iames is b●t a Subscription to the Great Lewis . The French King deputes him as his Emanuensis , to Copy Commissions for him ; and the contented Receiver of that high Favour , is paid to officiate in the Trust. It was Remarkt of him , that at his first Departure from England , upon his Transport from Feversham , he uttered this Expression . That he had rather be a Captain of Light Horse , under the French King , than Reign King of England , udder the L●sh and Countroul of Parliaments . A Captain of a Troop of Horse is no over-high Post : But truly , of the two , 't is much the more Honourable , than the Granting of such Commissions . But indeed , all these tend to the aggradizing of the French King ; the Poorer the Subjects of England , the stronger the Grand Lewis ; his inviolable Zeal and Fidelity , therefore to the most Christinn ( so titled ) Nero , supercedes all other Considerations , and ( fas aut nesas ) Right or Wrong , Honourably or Infamous , nothing comes amiss that carries the least Shadow of Service to that darling Idol . One thing is very remarkable in the Ianus Faces of King Iames's Pre●ences . This very Commission found on Board a Prize , taken on the West of England the last Summer , was dated at St. Germans , the 22 th of Febr. 1691 / 2 ; . which ( pray observe ) bearing date before his intended Invasion ; impowers this Privateer to enter into any Port or River of England , Scotland , or Ireland ; and commit all those Hostilities of Fireing , Sinking , Burning , & ● . A●l Tr●ders , Vessels whatever , at the same time that this Declaration , prepared for his Reception in England , intimated all the Affection and Tenderness imaginable to the Interests , Property , and what not , of his Subjects of England , viz. That he was coming only to recover his own Right , Establish and Restore their Laws and Liberties ; and yet , at the same time he gave out Commissions to Wast●e , Ruin , and Destroy the most innocent Traders of the Kingdom , possibly no way● interested in the Titles , and Disputes of Princes , in Parties or Causes ; but on the contrary , only endeavouring a peaceable Acquisition of their Bread , by their honest Commerce and Industry . To conclude , From all this Prince's Actions , in the whole Series of his Life , it is no difficult matter to make a Judgment of what we may justly expect from him , if ever Divine Judgment , as the Reward of our Ingratitude for so great a Deliverance , should permit us to fall again under the heavy Yoke of a Popish Prince , whom we have so justly and happily thrown off . King Iames is of a Religion , that has , infamous Council , decreed , That no Faith is to be kept with Hereticks , much less with Subjects , that he looks upon us as so many and will not miss to treat them as such , when-ever they give him the Opportunity of doing it . For his greatest Admirers do not run to the heighth of Idolatry , to imagine him so much Angel , as nor● to take all Methods to revenge such an Affront , and secure himself at our Cost , from such Treatment for the future . The Apprehensions of which Resentment● would strike such a Terror in Mens Mind , that nothing would be capable to divert them offering up All for an Attonement ; and Popery and Slavery will be thought a good Bargain , if they can but save the●r Lives . Then we might lament our Miseries , when it would be out of our Power to help them ; for a Prince of Orange is not always ready to rescue us , with so vast Expence , and hazard of his Person . And I must say , if ever our Madness should hurry us thus far , we should become rather the Objects of Laughter , than of Pity : In short , if there be any of the Prostant Perswasion , so strangely infa●uated , as but to wish his Return , I shall entertain them with no other Answer , but the recommending to the● the Ninth of Ezra , v. 13 , 14. And after all that is come upon us for our evil Deeds , and for our great Trespass , seeing that thou our God hast punished us less than our Iniqui●ies deserve , and hast given us such a Deliverance as this : Should we again break thy Commandments , and j●●n in affinity with the People of these Abominations ; wouldst not thou be angry with us , till thou hadst consumed us , so that there should be no Remnant , nor escaping . FINIS . 
A55017	----	The loyal speech of George Plaxtone, M.A., minister of Sheriff-Hales in Shropshire spoken at Shifnal in the same county upon the proclamation of His Sacred Majesty, King James the Second, &c. Plaxton, George, 1647 or 8-1720. 1685 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A55017 Wing P2416 ESTC R8312 13732725 ocm 13732725 101609 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A55017) Transcribed from: (Early English Books Online ; image set 101609) Images scanned from microfilm: (Early English books, 1641-1700 ; 846:33) The loyal speech of George Plaxtone, M.A., minister of Sheriff-Hales in Shropshire spoken at Shifnal in the same county upon the proclamation of His Sacred Majesty, King James the Second, &c. Plaxton, George, 1647 or 8-1720. 1 sheet (2 p.) Printed by J. Leake for Richard Grosvenor, bookseller, ... and are to be sold by A. Jones ..., London : 16[85?] Caption title. Imprint from colophon, where the date of publication appears only as "16"; date from Wing. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Great Britain -- Politics and government -- 1660-1688. Great Britain -- Kings and rulers -- Succession. Broadsides -- England -- London -- 17th century 2008-04 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 John Pas Sampled and proofread 2008-05 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE LOYAL SPEECH OF GEORGE PLAXTONE , M. A. Minister of Sheriff-Hales in Shropshire ; Spoken at Shifnal , in the same County , upon the Proclamation of his Sacred Majesty , King JAMES the Second , &c. Gentlemen ! YOU have laid the greatest Task upon me , that I ever under-went in all my Days : You have obliged me to speak of the most important Matters of our Nation , and allowed me scarce one Minute for Thought or Premeditation : But may that Almighty Power , by whom Kings reign , instruct me ! and may an Heart and Soul full of Loyalty , furnish my Tongue with Argument and Elocution ! My Undertaking is great and difficult : Who can speak of Kings , without Awe and Reverence ? Or , Who can be an Orator , when those Two contrary Passions of Grief and Joy , at once struggle in his Breast ? I cannot look back to the Peaceful Days of Charles the Second ; I cannot remember the lasting Happinesses of his Reign , but I must drop a Tear upon his Hearse : Nor can I look forwards , towards the present Glories of James the Second , but I am overwhelm'd with Joy , and a Loyal Transport seizes me . We have lost One of the Best of Princes , which ever sway'd these British Scepters , Charles the Gracious ; a Prince , who was the Care of Heaven , the Darling of his Subjects ; whose Life was a Miracle , and his whole Reign one continued Blessing : Mercy and Justice were the Supporters of his Throne ; and Peace and Good Wishes the Legacy he has left us . I cannot relate the last Words of that Incomparable Prince , without a Sigh ; I dare not name them , without Tears for our general Loss : Thus he remembred us in his dying Words , if such a Prince may be said to die : Brother ! I am now going to resign up my Self to God , and my Crown and Government to You ; Grant me these few Requests . I. In all Your Vndertakings , set the Fear of God before Your Eyes , and let that direct you . II. Remember to maintain the Church of England , as now by Law Established . III. Govern Your Subjects with Mercy , Ease and Peace . IV. Be good to my Queen , and Children . This was the Royal Legacy which he left us ; a Legacy , truly becoming such a Prince as Charles the Second . But this is not all , though a great deal more than we deserved , the greatest Blessing is still behind ; He has Jest us his Royal Brother , JAMES the Second , to Succeed him in his Throne , and Vertues : This must wipe away all our Griefs , this must make our Joys Perfect , and Crown our Lives with a lasting Happiness . The Sun is set with us ; but no Night follows : Charles the Gracious , is only exchang'd for JAMES the Just : And though our King be dead , yet the Monarch lives . We are blest again with a Gracious Prince ; A Prince , whose Vertues need no Panegyrick ; and to Praise him according to his most Excellent Greatness , is above the feeble Power of Oratory and Eloquence . What Vertues can we wish for in a Prince , which our present Soveraign brings not to his Throne ? What Joyes are wanting to make us Happy , which he will not bestow ? Would we have our Religion secured ? We have the Laws on our side , and the Royal Word of a King for 't : The King has declared , That he will maintain our Religion , as now by Law Established ; and do what in him lies , to make the Church of England flourish . Gentlemen ! Where the Word of a King is , there is Power : And what the King hath declared , he will make good ; for no Prince is juster to his Word , than he is . Would we have our Rights and Liberties preserved ? We have a Prince of the greatest Justice upon Earth . Whil'st he was a Subject , he was the most Faithful Friend , and the Best of Masters to his Servants ; and , I hope , a good Master will never make an ill King. But more ; We have his Royal Promise , That he will walk in the Steps of his dearest Brother . Would we have the Glories of our Kingdom maintain'd ; would we see the Old English Bravery once again Flourish ! We have now the most Victorious and Warlike Prince in Christendom ; a King , who dares attempt any thing , but an ill Act ; a King , who has been a Souldier almost from his Cradle . I need not tell you , how he signalized his Valour under the Protestant Mareschal Turenne in France : I need not speak of his Magnanimity under Don Juan of Austria , against the French King then in League with the English Rebels : I need not remember you of the Extraordinary Hazards of his Royal Person , in the Dutch Engagements , fighting for the Rights and Honour of our Nation , and exposing himself in a Shower of Fire and Bullets ; Bullets , which distinguish not the greatest Prince from the meanest Souldier . Gentlemen ! He was then the Joy and Treasure of our Nation ; and our Representatives in Parliament , did not only gratefully acknowledge his Services ; but did almost Loyally chide him , for hazarding his Royal Person in War , in whom all our Hopes and Expectations were center'd . He is still the same JAMES the Just , the Valiant , and the Brave ; though we ( I wish I were not to name it , for the Honour of my Nation ) ingratefully revolted from him . Away then with all Phanatick Fears and Jealousies ! Can the Grand-Child of James the Peaceful , can the Son of Charles the Martyr , can the Brother of Charles the Gracious , can the Victorious and Just James Duke of York and Albany prove an ill King ? It cannot be . Can he , who has been an Obedient Subject for Fifty two Years together ; can the justest Master , and the firmest Friend , and the most Faithful Brother , prove an ill King ? It cannot be ; and God forbid , that any one should think it . Gentlemen ! Let us remember our Duties , and endeavour all we can to be Loyal ; and then we need not doubt , but God will bless us with a Merciful and a Gracious King. Our Submission to his Rule , our Content and Chearful Obedience under his Government , will return to us in Showers of Mercy , Kindness and Justice . Good Subjects do generally make good Kings ; and if our King should prove otherwise , it will be our own Faults . What shall I say more ? Charles the Gracious still lives in JAMES the Just . We have only chang'd the Name , not alter'd the Sovereign . Away then with those odious Names of Whigg and Tory ; let 'em be forgotten and buried : Let us remember , that we are Christians , and English-Men ; the former will teach us Loyalty and Allegiance to our King ; Love , Unity , and Good Wishes towards one another : the latter will engage us to maintain the Glories and Peace of our Church and Nation ; and to preserve the Best of Kings , and the Happiest of Governments . Let us all , with one Heart and Mind , Bless God for these Mercies ; and say , God save King JAMES the Second . LONDON , Printed by J. Leake , for Richard Grosvenor , Bookseller in Wolverhampton , and are to be sold by A. Jones , at the Flying-Horse in Fleet-street , 16 
A54796	----	A vindication of The character of a popish successor, in a reply to two pretended ansvvers to it by the author of the character. Settle, Elkanah, 1648-1724. 1681 Approx. 43 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-03 (EEBO-TCP Phase 1). A54796 Wing P2114 ESTC R6364 13501951 ocm 13501951 99784 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54796) Transcribed from: (Early English Books Online ; image set 99784) Images scanned from microfilm: (Early English books, 1641-1700 ; 472:13) A vindication of The character of a popish successor, in a reply to two pretended ansvvers to it by the author of the character. Settle, Elkanah, 1648-1724. Phillips, John, 1631-1706. [2], 15 p. Printed for R. Dew, London : 1681. Attributed to Elkanah Settle. Cf. NUC pre-1956. Attributed also to John Phillips. Cf. NUC pre-1956. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng L'Estrange, Roger, -- Sir, 1616-1704. -- Character of a papist in masquerade. Settle, Elkanah, 1648-1724. -- Character of a popish successor. -- Part 2. Great Britain -- Kings and rulers -- Succession. Great Britain -- History -- Charles II, 1660-1685. 2002-09 TCP Assigned for keying and markup 2002-11 Aptara Keyed and coded from ProQuest page images 2002-12 Olivia Bottum Sampled and proofread 2002-12 Olivia Bottum Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion A VINDICATION OF THE CHARACTER OF A Popish Successor : IN A REPLY TO Two Pretended ANSVVERS to it . By the Author of the CHARACTER . LONDON : Printed for R. Dew . 1681. A VINDICATION OF THE CHARACTER OF A Popish Successor : In a REPLY to two pretended ANSWERS , &c. A Reply to the first Answer printed by N. Thompson . THERE has lately , as the Author has most truly exprest , a very slight . Reply been made to a Pamphlet call'd , A Character of a Popish Successor ; in which he arraigns the Pamphleteer ( as he calls him ) of contradictory discourse and reasoning , but says his principles are not so : To prove which he allows you to fancy a picture of the late Rebellion ; for like that it begins with fears and jealousies of Religion , Liberty and Property , and continues in murmur and revile at the Imperial Root , and to stiffen the knees that would bow to a crowned head . The last two parts of this Inditement has been so far from being justified by the Author , that where he found them , they were own'd , as the evil effects of a worse cause : but by advising us not to be subdued like less than English men ; not to submit our necks like slaves to the Roman yoke , he does infer , we must repel a King under the name of an Invader . Truly when tho' by the permission or aid of any English King , Popery , Superstition , Idolatry , and Cruelty , are entring our Gates , and are ready to butcher our Protestant Ministers at their Divine Worship , make Human Smithfield Sacrifice of us , our Wives and Children ; we justly may resist the Invading Tyrannick Power of Rome . In the next place our Answering Pamphleteer would have you believe , notwithstanding your own sense and reason to the contrary , there is no just fear of Popery , nor any danger in any of their Plots ; but from his own wise suppositions drawn from 41 , and 48. has found or made a Plot , and as prudently laid it at the Presbyterians door ; a Plot so subtil , that they have outdone the very Jesuits themselves in the contrivance ; and laid it with so much art and cunning , that no heart could have imagined it , nor no eye discerned it but his . And now let us take notice who this honest Gentleman under the sinily of his Leviathans , means , that sport and take their pastimes in our troubled deep ; whose restless and uneasie rolling does not foretell , but is it self the storm . But I think , with our wise Authors leave , this had been better proved , before so positively asserted , considering 't is no less than three whole successive Parliaments ( his Leviathans ) that have been restless to find out a Plot , and vigorous to prevent our ruin ; all which he has drawn in as the greatest , nay only principals of our destruction , and as his Text goes , are themselves the storm or Plot ; he musters up a thundering accusation against them , that they foment the people into rebellion , distract them with dreadful apprehensions , casting them into a raving frenzy ; and as the greatest plague of the wicked , makes them afraid where no fear is . And this honest well principled man is all this while a man of the Church of England . And to prove the correspondence of this truth with that of his Pamphlet , we may easily remember , that all the Parliaments were not all Presbyters ; the first Parliament were all men chose at His Majesties blessed Restoration , when there was not the least favour for that Party ; and those Loyal , Wise , and Honest Patriots of their Countrey , gave the first blow to the Plot , first Allarmed the people , made Tests , and removed the DUKE out of his places and seat in Parliament ; yet these are the men , and this the storm which is ready to shatter our Royal Vessel , the Brittish Kingdom , into pieces . But since he is a zealous Protestant , they have no reason to be angry at his making bold with his own Party . But why should we stand in fear of Popery ? Ay , why indeed , says he ? He has no fear at all ; they will not hurt him for his Religion , then why should we fear ? But alas ! all are not such Protestants as he , Heaven knows , such Champions for their Cause and Interest ; and therefore we may have reason to fear , notwithstanding all his brotherly advice to the contrary . In the next place let us see what small difference he makes between the principles of the Church of Rome , and those of the Church of England ; only a few disputable matters of faith , and not very material Ceremonies of Divine Worship ; as what harm is it to pray to Saints , to worship Images ? or what great matter to believe the Infallibility of the Pope , or the Transubstantiation in the Sacrament , or to allow the Doctrine of the Roman Church without error , when it shall depose and murder Kings , command Massacres , make Plots , Fire Cities , Canonize the principal Actors of their Revenge and barbarous Cruelties , and consecrate the Instruments of death ? Is it not hard , says our honest Protestant , that these frivolous divisions on a sudden should ruine and efface all those good characters of Magnanimity and Iustice , of Generosity and Goodness in this our Popish Prince , which even his greatest enemies , nay the most detestable Character it self allows him ? Indeed Mr. Scribler , I remember no such allowance ; but as your self remarkt , suppose , and suppose : But if the encouraging of Plots and Popery , holding correspondence with his Holiness and other Forreign Princes , contrary to the Laws of this Nation , be Virtues , those and more perhaps of such a nature , may be allowed him . In the next place he takes a great deal of pains to let you know what the Virtues are ; which though the Characterizer does not understand , he does especially when Cardinal ; and to shew you he is a man of truth , and can keep his word sometimes , he has there made so slight a Reply , as I have not thought it worth the answering , but will refer the ingenious Reader to compare that part of the Character with his Answer ; and now I will skip over this page , as he has done several which he could not with all his stock of Impudence defend . Well now , says he , since we have Laws to suppress Popery , what remains then for a Popish King , but to put those Laws in execution ; and for us , but to sit down under the shadow of this Fence ? Yes , I think a greater assurance that he will execute them , than our Answerer can give . His next Argument , or rather Opinion , is so far from thinking that the Reign of a Popish King can be any ways advantageous to the Iesuitical Instruments , that he rather believes it will be their destruction ; and why ? because there is Laws of foree against them , and the power of executing those Laws he himself has already given to the people ; and which he has concluded they will more vigorously do under such a King. But hold ! this Sham wont pass ; we know the people may convict them ; but none can punish them but their Prince . But if the people by the authority of our Scribler do , what will he have this King to be the mean time asleep ? or with all his Cardinal Virtues an Atheist ? for if he is not a Papist , he has no pretence to any Religion , having himself renounc't all Churches else . Certainly he must be the first of these two , if this power be assumed in his Reign , without his permission ; and the last , if with it . For no man can be , or pretend to be a Son of the Church of Rome , that will not be obedient to all her principles and commands , and will not maintain on all occasions to their utmost power , her Cause and Interest : He shall no sooner refuse or neglect to do this , but he shall be exploded as the basest Coward , and excommunicated as the vilest Heretick . Besides , there will be more danger for him to permit their punishments , than any other Prince whatever ; for as their hopes in him has given them almost assurances of their utmost wishes ; so will their hatred and malice be greater to him , when they shall find themselves more than frustrate of all their ambitious expectations . And if an Atheist , ( a man that believes no God , no punishment for Vice , nor no reward for Virtue ) to pretend to be of a Religion by which he has banisht himself his native Countrey , lost the hearts of three Kingdoms , and thrust himself for ever from a Throne , he must be the greatest mad man , or the most a Fool in the Creation ; and I think it not fit for either of these to wear a Crown , or a Papist our English Diadem . And prudently considering all this , that exclusive Bill in Parliament , was like the wise Fathers advice to rash Phaeton , as much for his own good as the Kingdoms safety ; for no doubt but if ever he should ascend this Throne , and hurried on by the furious conduct of his Romish Counsellors till he had set his Nation in a flame , he himself at last will most certainly perish in his own fires . Now our Answerer bids us consider the weight of a Coronation Oath with a Prince of any sense of Honour or Religion , and he has promis'd upon this account ( pray Heaven he keeps his word ! ) a very smart argument , which he makes out thus ; He has a double tye , of Nature and Religion . Those tyes indeed ought to be very strong ; but how strong the tyes of Nature and Gratitude to the best of Kings and Brothers , are in him , has been sufficiently experienced , and largely treated of in the Popish Character ; but for Religion , that has no tye at all upon him that loosens all other tyes contrary to the pride and interest of the Romish Church . And though our Answerer has to a miracle confest , that there is such a Doctrine in the Church of Rome , as dispencing with , and absolving Papists from all Oaths to Hereticks ; yet says he , 't is a Doctrine never universally received , aud that even they that do believe it , do not preach it to all ; and therefore these , with him , are poor shifts and evasions . Why should we fear it should be made use of against us ? for says he , that Prince that would lose all his Honourable preferments rather than tell a lye against his conscience , ought certainly , to be believed when he shall make so solemn a protestation as his Coronation Oath . But that Oath we have by sad experience found to be such a Juglers knot , and has so often plaid fast and loose , that if he were a Mahumetan , and should swear by Alha , we should have much more reason to believe him as Turk or Infidel , than as a Roman Catholick ; for we know the bands of Nature , Morality , and Honour , have been sacred to Heathens , but never to Papists . And besides , I must tell my smart Gentleman , Tho' we very well know that Dispensations are frequent things from Rome , yet it would have been no less than a mortal sin , and never to have been forgiven , to have presumed in that case to have told a lye without the Popes permission ; tho' truly as some Papists have declared , his Holiness was to blame not to dispense both with the Dukes receiving the Sacrament in the Protestant Church , and their taking the Oaths of Supremacy and Allegiance for some time , since they would have been no less sons of his Church , nor no less true to his power , and considering he might so easily have done it , which would have prevented all their misfortunes , and for ever have secured their Interests . And next says our Scribler , What if the King of France , contrary to his Oath upon the Sacrament , has invaded Flanders , he is but one president ; and must all Princes of that Religion violate their Oaths because he has done so ? But for Q. Mary of Eng. violation of her Oaths , Covenants , and her Honor , with all her barbarous recorded Cruelties , let her pass , 't is not at all pertinent to his purpose to take the least notice of her . Besides , for his Coronation Oath , 't is an Oath upon compulsion ; and he has greater and more ambitious motives to make him take it , tho' against his conscience , than the French King had to take his Oath upon the Sacrament , and break it ; for that was only a little to enlarge his Empire : but this of our Popish Successors is to mount him on a Throne . And since it is a like ambitious cause in both , we very well know , that ambitio multus mortales falsos fieri coegit . He tells us now his first design was only to be of the defensive part . But if comparisons of these times with those of the late Rebellion ; if railing at , and accusing three Parliaments of a horrid Plot , a Plot to ruin Monarchy , ferment us into Civil Wars , and make us cut our own throats , be more than defensive , the second page of his Pamphlet must tell him to his face he lies . But now he is at the same thing again ; he must say something . Well tho' he denies the possibility of introducing Popery , because a great many as good Protestants as the Characterizer do both say so , and believe it too ; yet certainly he thinks the Party very powerful , to protect his notorious impudence against the King , the Parliament , and all the Judiciary power of the Nation , who has with great wisdom , and by strong proofs , found out a most Hellish and Dangerous Plot ; a Plot against the Life of his Sacred Majesty , the Protestant Religion and Government ; and with reason and thankfulness have acknowledged 't was only the especial Providence of God that has delivered us . But he says , 't is not only impossible to introduce Popery , but 't is impossible for the Papists themselves to believe it could be done ; that is to say , there has been no Plot on that side . But what has he made all the Three Estates of England to be , but a pack of Rascals and Villains , to pretend a Plot where there was none ; and to set their hands to the confirmation of such a Falshood , and to the delusion of the undiscerning multitude ? Nay , he has a further charge against that great and honourable Council of Parliament , who ( tho' a Papist King cannot influence the Judiciary Officers of his own creation ) have already depraved the Bench , and obstructed Justice , as in the last line of his 8 th page , where he says , Iustice has been denied , where it might give distast to the Representatives of the Nation . Well , but after much sensless quibling upon the Characterizer's being a Papist , because he was of their minds so far as to believe their design of establishing Popery in England might have took effect ; he at last has not only granted the possibility of their belief , but the introducing of Popery feasible . Yet ( says he ) does it follow , that because they thought so then , that they think so still ? sure they have little reason to believe that that design which was in so hopeful a forwardness as never since Queen Maryes days could be boasted of , carried on with all the art and contrivance , all the secresie and cunning of a diligent and active party , favoured by several the greatest persons in the kingdom , and those most eminent for their Riches and Interest to support the Cause , and the universal security of the Nation conspiring with all these , and after all this brought to nought ; should ever at all , or at least in this age , be effected , when all their measures are broken , and all their wicked contrivances laid open , and the whole scene of that Religious Villany displayed to publick view ; when the whole Nation is still awake with continual fears , and fresh Alarms against them . Yes , Mr. Scribler , 't was and might still be possible , if the people of England be yet more sensless than in that security you spoke of , and does yet leave them the hopes of a pernicious Popish King ; there will be then no need of Plots , his Power will undoubtedly perform much more than all their Hell-born stratagems cou'd ere design . It was indeed an over-hasty Roman zeal to mount him on the Throne before his time ; they were impatient of delays thought long till they arrived at their dear promised Land , and wou'd have took delight to have waded through that Sea of blood that wou'd have brought them thither ; 't was that and Providence that it seemed had not designed we all should perish in our dreams , made them so unhappy to themselves , and fortunate to us . Their fear ▪ that death might interpose betwixt them and all their hopes , and snatch their darling Prince before his Brother's or their work was done ; their dread of this , and eager thirst of blood , made them plot on for what they might have had without , and ruin all . But to prove 't is possible , in case of a Popish King , 't is in the power of any English Prince to remit the punishments due to that party when convicted , as has been experienced ; and I think none will doubt but a Popish King , and an obedient Son of Holy Mother Church , will extend his Negotiation a little further for them than an Heretick , so far no doubt as to encourage his own Religion , and suppress its enemies , and give them leave to revenge their long sufferings . Well , admit this King , and more certainly the impowering his party to all they can desire , what will the cackling of all our Protestant Geese do then , to the preserving our Capitol ? even as much good as our Scriblers Vindication has done his Master . Next , if it were possible that we shall ever suffer a Papist King in England , and put the reins of Government into his hands , whose Arbitrary Principles we so abhor ; when we do this , we shall no doubt not only be content to let him have a standing Army , but shall every man voluntarily contribute to the setting up and maintaining that Army we know before-hand is design'd to enslave us , or cut our throats . But I will hope , and believe it impossible for the whole Nation to be mad at once ; and on that presumption agree with my Pamphleteer in that point , That we shall have no standing Army , no Arbitrary Government ; and indeed I fancy the Jesuits have just cause to say now , Perditur haec inter miseros Lux. Well but he says again , It were folly for a Papist King to attempt the bringing in of Popery : for , says he , young as the Reformation was in Queen Maryes days , it might indeed with some ease have been pluckt up , ere it had taken root ; the Papist in those days equal , at least , if not exceeding the Protestants , all longing for the restoration of their Religion : but now when this Idolatrous Superstition has been so long worn off the minds of the people , and the Reformation so deeply and so strongly rooted , the Roman Church so detested both for the dangerous Innovations of its Doctrine , and the Idolatry of its Ceremonies ; and so odious in the eyes of the people for its pernicious principles exprest in the Villanous practises of its professors , in Massacres , and Plots all detected . All this indeed is very true ; and I confess he is so far much in the right . But soft and fair ! how came this to pass ? how has the Papists disobliged you , now that you are so briskly treating of their pernicious Principles , the dangerous Innovations of their Doctrines , Idolatry of their Ceremonies , and their Villanous practices in Plots and Massacres ? How came the wind to be thus turn'd now ? Or has my good friend forgot himself since he writ the second page of his wise Answer , where he was showing that the principles of a Papist and a Protestant so little differ ; 't is contrary to reason or common sense a Papist should be less an honest man for them , as only differing in a few disputable matters of faith , and not very material ceremonies of divine worship . And is it possible that he who has so exclaimed against contradictory discourse and arguing , and has so much endeavoured to find it out where it never was , by leaving out , or adding words of his own , should at last be found so grosly guilty of the same fault ? Well , but perhaps he may as justly as his Master say the case was alter'd , so he could not help it ; for indeed his first business was to perswade us to believe what a happy condition we should be in under the reign of so virtuous and heroick a Popish King , and to take off our dreadful apprehensions of his Religion ; therefore he tells us the small difference betwixt us and them , as only a few disputable matters of faith , &c. but fearing that work with all his painful arguments may not be perfectly finisht , therefore he now says we have no reason to think it can do us any harm , because it can never be establisht in England ; for the dangerous Innovations of its Doctrines , and the Idolatry of its Ceremonies , and villanous practises of its professors in Plots and Massacres , have rendred it so odious . But this contradiction was a little unlucky in this place , just where he is accusing the false Satyr of blowing hot and cold with the same breath ; but in that we may suppose he did forget himself , which may be forgiven him too , since by his handling both these Arguments with so much convincing art and cunning , he has proved good Wits are incident to ill memories . But now he says , 'T is plain , tho' the Triple Mitre be struck at , the three Crowns is their aim ; nor would they be so violent against Popery , which they have no reason to fear , but that they know 't is the charm to bring in the people to the ruine of Monarchy ; knowing the multitude to be not unlike Beasts or Cattel in a Ship , which in any storm that is raised , if they are made apprehensive of the Vessels sinking on the one side , run immediately with such a violent panick fear to the other , that they overset the Ship , and quite overwhelm themselves and it in ruin . And all this lyes again at the Parliaments door , because they have endeavoured for the good of the Kingdom to disinherit a Popish Successor , and have not supplied the King with moneys , tho' at the same time they have declared , if his Majesty will be graciously pleased to join with them , and bar all the pretence of Papists to this English Diadem , secure their fears by passing that one Bill against that Prince , whose succession is the terror and distraction of this Nation ; an Act in which consists the peace , the safety , and the glory of three Kingdoms ; let him but be removed from all pretensions to this Crown , which justly may be done by King and Parliament , and they will open their purses so wide to Him , give Him that Mass of Wealth , as will make Him both fear'd abroad , and beloved at home . So vast a Treasure will they make Him , as none of all His Royal Ancestors , nor He Himself was ever Master of . But should they have done 't without , it would have betrayed the Nation , ruin'd their own Priviledges , and left all Grievances as unredressable as unredrest , and then they might thank themselves for what would follow . And next our Scribler thinks it very unreasonable that the Prince alone should not have the benefit of Liberty of Conscience , which every subject in his dominions takes very ill to have denied to himself . Truly 't is hard indeed ; but the circumstances of this Nation considered , not at all to be wondred at : for I believe all men of sense , as well as Sir Poll , as he calls him , will take it for granted , that if this Popish Heir comes to the Crown , he will by the dictates of that Religion , in spight of Vows and Covenants , promote the Romish Interest with all the severity , injustice , and tyranny , that most religious Cruelty can invent . But whether or no he will condescend to make the least excuse for it , as the Characterizer has supposed he might , I cannot tell ; but our Answerer that laughs at the supposition , 't is probable knows more of his mind , than to think he will be guilty of so much curtesy , as to make us an excuse for any thing he does against us . If ( says a Critick in the Character ) these be the dangers of a Popish King , why have we not such strong , such potent Laws made before this Popish Heir comes to the Crown , that it shall be impossible for him ever to set up Popery , tho' he shou'd never so much endeavour it ? The Character answers , To endeavour to do it by Law , even with those Laws we have already against it , is impossible . But it is likewise as impossible for any man of sence to believe , that he being a Papist , and Vassal to the Pope , either will or can put those Laws in execution . But then a little after 't is confest he may be totally restrain'd from all power of introducing Popery by the force of such Laws as may be made to tye up his hands ; and put the execution of those Laws into the hands of the People , and consequently those Laws must be such as must ruin his prerogative . Well , but granting thus much , says our Answerer , what you infer from this is doubly ridiculous ; first , that no Monarch would thus intail such an effeminacy on a Crown as shall render the Imperial Majesty of England but a pageant , a meer puppet upon a wire . And what can you make more of a King that has no power , no not so much as the meanest subject in his Dominions can have after these Laws are made to tye up his hands ? he cannot put an Officer in any place throughout his Kingdoms , for fear he should be a Papist , nor take one servant of that perswasion into his Court , they being all liable then to the conviction and persecution of the people ; and when it is so far from him to defend them , that 't is not in his power to favour , in any case , the dearest of his own party : for may not his subjects , or rather his Masters , inspect into his actions , and call him to account for every thing they think a misdemeanor , having the Law in their own hands ? and when his prerogative is thus ruined , is not this Prince more like a Pageant born upon mens shoulders , than a King ? which when they are weary of , they may throw him down , and dash him all to pieces . But these Laws , says he , that bind up a King so strictly , suppose him to be a Popish King , such only to be restrained , this is not therefore an intailed effeminacy , but a short eclipsing of the full splendor of a Crown , which in the next Protestant Successor is to shine forth with greater luster . But how will you assure us that the people , after they have been once possest of such a glorious Power , will ever give it back again ? Indeed I doubt it : for we have not seen the English men so willing to part with any of their Magna Charta , or the least of their Priviledges : No , I am rather afraid it will rather give them the itch of taking the Name as well as Power upon them ; and I believe 't is the only expedient to subvert this glorious Monarchy into a Commonwealth . But to give us hopes that we may have a very good and merciful Popish King , that will neither remember Petitions , Protestings , nor Association Votes , he refers us to the consideration of his Royal Brothers Clemency , which indeed has been so great , that ingratitude it self cannot but acknowledg it ; but all this while he was a Protestant Prince , and therefore that can be no Argument to make us think a Papist King will be as gracious : for were his Nature an Original of Mercy , he could not be the man he would be , without the forfeiture both of his Conscience , Religion , and his Kingdoms : for if an Emperor or a King ( says Parsons ) shows any favour to an Heretick , for that he loseth his Kingdom , Philopat . p. 109. Becanus , another of their Authors , says , If that Kings and Princes are negligent in rooting out of Hereticks , they are to be excommunicated and deposed by the Pope , Controv. Anglican . p. 131. 132. And when the Papists tell us how many Virtues he is Master of , and amongst the rest how noble and how strong his friendship is , then granting the truth of this , his opposers has more reason to dread his Power : for 't is a known Maxim , The greatest and truest friend , the most implacable and revengeful Enemy . But for those Acts of Parliament which we find ordering and disposing of the Succession , they make ( says he ) very little for the purpose for which they were produced . Yes , they prove that the Succession has been given by Act of Parliament , where the King and the Parliament thought fit ; and upon those reasons they afterwards thought more weighty , the Gift has been recalled , and they have placed a Right elsewhere ; and who shall dare to say these Acts , or any made by King and Parliament , are unjust ? Indeed the King without his People , or the People without their King , cannot alter the Succession , but with a joynt consent : Those Acts of Parliament declare it has and may be done again ; and certainly there never was a Cause that did require the changing of the Succession half so much as we have now . But he is drawn to an end ; and I thought nothing could have been more audacious than his Answer is throughout , in notorious Accusations of all our Great and Honourable Parliaments ; but the dedicating his Libel to those very men with the same hand he writ it of them , is a boldness that certainly has no president , but is an Original of Impudence . A REPLY TO Roger L' Estranges PAMPHLET . WELL , but now for our Second Masquerade , who Begins just like his Brother , and carries on the Argument of Forty one throughout every Paragraph of his whole Pamphlet , to answer all that can be said against Popery with that . He tells us : The Character of a Popish Successor were an excellent piece in the kind , if it had not too much Sublimate in it . The truth of it is , says he , the Author has made the figure of his Successor too frightful , and too enormous ; and then he finishes his Master-piece with a paradox , by the supposal of a most excellent Prince , and yet making him the greater Devil for his Virtues . I cannot suppose it any Paradox , to say the intoxication of Romish Principles , and that Religious frenzy in the brains of Majesty , will pervert all his Natural Virtues , and make him imagine he does his God and his people good service , and think he improves his Talent sevenfold , when he puts the severest Roman Laws in force against us , which is no less than the forfeiture of our Estates , next the loss of our Liberties , and our Lives in a very short time after . Nor are we to suffer any death more merciful than burning alive , which is the Popes own Law , in these words , Decerminus ut viva in conspectu hominum Comberatum ( De Hereticis . 7 Decretat . sect . in consutilem ) . Nay , his obeying his Superior Ecclesiastick Power in executing these Laws , shall be so far from making him or any other Papist else , think him the greater Devil , as he says , that on the other side the Pope , and all of that Church , will tell him he has improved all his Virtues to that height , that he deserves to be a Saint ; has merited that Heaven which they will give him . But before I go any further , says he , let me recommend to the Reader one Remark , as a thing worthy his attention , That he cuts all the way upon the Successor , as presupposing him to be a Papist , and consequently dangerous and insufferable by reason of that perswasion ; and very magisterially gives his own bare word for the dangers of that perswasion : why does he not rather tell us in particular terms , These and these are the principles , and then make his inference from those principles , to the dangers that attend them . I thought both the Principles of the Roman Church , and the dangers that attend them , had been too well experienced in England , as well as other places , not to be known to the most Vulgar person in it : for what was Q. Maries Tyranny , but an impulse of Conscience derived from those Popish Principles that told her that all Hereticks are all notorious Traytors , Traytors against God himself , and therefore guilty of the highest High Treason , which they call Crimen Laesae Majestatis Divina , and therefore they deserve that worse penalties should be inflicted for that , than other High Treason ? And it is besides enacted by a General Decree , That whatsoever King , Bishop , or Nobleman , shall believe that the Decrees of the Roman Bishops may be , or shall suffer them to be violated in any thing , be accursed , and shall remain for ever guilty before God , as a betrayer of the Catholick Faith , Caus. 25. 91. cap. 11. and therefore considering all this , we cannot with reason think that such barbarous Cruelty could be the delight of naturally soft and tender hearted woman , or that Majesty could be so perjured , so ungrateful , and so dishonourable for little or no advantage ; but she was a servant of the Church and Pope , and durst not incur his curse , that was to open her the Gates of Paradice ; and 't is impossible for any Papist to have such a Soveraign Power as hers , and not to be the same Tyrant that she was . Now in Answer to a paragraph which his Brother , the wiser of the two , skipt over , concerning the barbarity of the known Doctrine of the Roman Church , that pronounces damnation to all that differ from it in any one matter of faith , and to justifie his Masters and his Religion from such a terrible Accusation , as tearing up his Fathers Sacred Monument , branding his blessed memory with the name of Heretick ; and the compleating the horrid Anathema , of most impiously execrating the very Majesty that gave him being . He says the Characterizer lays down a false supposition , and then raises out of it a most uncharitahle consequence ; for the very position , That there is no salvation out of that Church , is yet qualified with an exception , In case of an invinsible perswasion . I think that case was plain in that Royal Martyr , who sealed the invinsible perswasion of the Protestant Faith with his blood . And next he says , If this be so lewd a principle in one Religion , why is it not so in another ? Which being admitted , involves every individual member of the Church of Rome in the same condemnation . So that he says , in asserting this Doctrine the Characterizer himself damns all the Papists , as well as he makes them damn all the Protestants . Now as I never thought the Protestants in a more likely state of damnation for the Papists saying or believing so ; so I always thought it was the proof of Crimes , and not the accusation ; that must condemn all men before so just a Judg as God Almighty ; and there are such proofs of that Hellish Doctrine , that it bears witness against it self : for 't is not the Protestants knowing and judging their principles , but their believing and following them , damns the Papists ; but he is a Protestant that holds the Romish Tenents as good as those of the Church of England , and is of whether for a peny : so that 't is possible he may believe a man deserves to be hanged as much for being accused of burning a House , or killing a man , and think him as guilty , as if he were taken in the fact : nay , with him a Protestant shall as justly deserve to be damn'd for saying this is a Popish Tenent which they themselves declare to be so , as those Papists that believe it ; and we must have a special care of saying they do any thing ill , lest we contribute more to their damning than they themselves . And now let us see what this pretended Protestant Champion Mr. Le Strange says to an Oath of a Roman Catholick Prince . Take that for granted once , that there is no trusting to their Oaths , and you cut all the ligaments of Society and Commerce ; there is an end of all Treaties and Alliunces , amicable and mutual Offices betwixt Christian Princes and States ; nay ( says he ) 〈◊〉 but that Maxim , and you turn all Europe into a Shambles , and put Christendom into a state of War ; for where there is no trust , there is no security . Well I allow all this , that these Politick Reasons of State may oblige Papist Princes to keep their Oaths with Foreign Princes , nay with Heathens , when they shall break them with their own subjects , to usurp an Arbitrary Power in their own Kingdoms , and to establish their own Religion amongst their own people , where they can never be called to an account . And as the Character says , He has Religion to drive the Royal Jehu on ; Religion that from the beginning of the world , through all ages , has set all Nations in a flame , yet never confessed it self in the wrong . Mr. Le Strange says these are strange words to come from the mouth of a pretender to scruples , and a Protestant Advocate ; his quarrel is not now so much to a Popish as a Religious Successor . If he had said only the pretext of Religion , he might have appealed to the clamours of his Brethren , or his own papers . Hold there , honest Mr. Towzer ▪ follow not the scent so close ; 't is his Religion will drive the Royal Iehu on to our destruction ; and I am sure blind zeal as well as pretext , has at some time or another set almost all Nations in a flame . He has told us , 'T was the pretended fear of Popery that brought a pious and a Protestant Prince to the block . And tho' we all know this to be a sad truth ; yet that can be no Argument to us now , who have the demonstration of evident Plots , and an Heir , an apparent Roman Catholick to bring in Popery , and to establish Tyranny , if it shall ever be in his power ; when that was but a pretence against his Royal Father , which they made use of , like those Rogues that went and pretended a Commission to search for Priests and Iesuits in Hatton-Garden , and under that colour robbed a House ; and because they were Villains , and had none , must there be no further search made after those Traytors . Must the Authority of all Constables be denied in that case , because they came with a villanous cheat ? And must there be no Plot , no danger in a Popish Successor , nor no just fear of Popery now , because for the late Rebellion they had only that pretence ? But his design is to divert our eyes from approaching Tyranny , by bidding us look another way . And tho' I am no Papist in Masquerade , yet I must say this for that party he calls so , notwithstanding all the Crimes he alledges against them , which indeed tho' never so much deluded into , or set on by the Papists , will bear no excuse ; yet there is but that one president of horror against that party ; and we have no reason to suspect they would be at the same game again , for being against a Popish Successor's coming to the Crown ; a Cause so much concerns the Nation . To prove that Government was purely Divine , he tells us , It needs no other support than the authority of the Holy Scriptures , By me Kings reign , &c. That which we call Kingly Government , he says was at first Paternal , and after that Patriarchal ; but to prove still that Kings were made for the people by the consent of God himself upon the request of the children of Israel , the Chain of Kingly Succession has been broken , and the same Divine Right invested in another , as we may see in 1 Sam. 8. 1. where Samuels sons , as Judges of Israel , no doubt had as great a right of Kingly power , as either Paternal or Patriarchal Government ; but they not walking in the ways of their Father ( c. 8. v. 3. ) God Almighty to satisfie his troubled complaining people , did grant the dispossessing these men of their lawful Birthrights , and command the crowning of Saul , 1 Sam. 8 22. a man so remote from any pretence to that power , that he was of another Tribe ; and after Saul , David was anointed King , tho' Saul had many Sons living at the same time ; yet who dares to say , that Saul's or David's was an Usurpation , or an unjust Power ? Now we see by this , that the succession of Kingly Government has not been so sacred , but upon some occasions it has been changed by Divine as well as lawful Authority ; and from his own Text of Scripture , I have made the man ; the earth , and the beast that are upon the ground , and by my outstretched arm have given it to whom it seemed meet into me , Jer. 27. 5. there is as much a Divine Right for the unmolested injoyment of five shillings per Annum by a subject , as for the inheritance of three Kingdoms . And for the Expedient offer'd at Oxford in Parliament , in lieu of the Exclusive Bill , where 't is proposed that his Children shall wear his Crown ; shows plainly 't is not malice against his person , nor Forty one , they aim at ; but the preservation of peace and safety in these Three Kingdoms . And we have great reason to thank God , and pray for a blessing on those men that struggle most against a Religion which from the effects of its Bloody Principles we can produce so many Records of Tyranny and Persecution . I have been told , That a Reply to the first Pamphlet would have sufficiently Answer'd both that , and the Papist in Masquerade ; there being so little difference in the substance of their Arguments : However I think I have particularly answered every material part of that , and Mr. Le Strange's too . FINIS . 
A54690	----	A plea for the pardoning part of the soveraignty of the kings of England Philipps, Fabian, 1601-1690. 1682 Approx. 82 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A54690 Wing P2012 ESTC R9266 13539670 ocm 13539670 100066 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54690) Transcribed from: (Early English Books Online ; image set 100066) Images scanned from microfilm: (Early English books, 1641-1700 ; 472:3) A plea for the pardoning part of the soveraignty of the kings of England Philipps, Fabian, 1601-1690. [2], 68 p. Printed by H. H. for John Fish ..., London : 1682. Attributed to Fabian Philipps. Cf. BM. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers. 2004-07 TCP Assigned for keying and markup 2004-07 Aptara Keyed and coded from ProQuest page images 2004-09 Judith Siefring Sampled and proofread 2004-09 Judith Siefring Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion A PLEA FOR THE Pardoning Part OF THE SOVERAIGNTY OF THE KINGS OF ENGLAND . LONDON , Printed by H. H. for John Fish , near the Golden-Tun , in the Strand , 1682. A PLEA for the Pardoning Part of the Soveraignty of the Kings of England . IF Monarchy hath been by God himself , and the experience of above 5000 years and the longest Ages of the World approved ( as it hath ) to have been the best and most desirable form of Government . And the Kingdom of England , as it hath been , for more than 1000 years a well tempered Monarchy , and the Sword and Power thereof was given to our Kings only by God that ruleth the Hearts of them . The means thereunto which should be the Power of Punishment and Reward , can no way permit , that they should be without the Liberty and Prerogative of Pardoning , which was no Stranger in England long before the Conquest , in the Reign of King Athelstane , who did thereby free the Nation from four-footed Wolves by ordaining Pardons to such Out-laws as would help to free themselves and others from such villanous Neighbours , the Laws of Canutus also making it a great part of their business to injoyn a moderation in punishments ad divinam clementiam temperata to be observed in Magistracy and never to be wanting in the most Superior , none being so proper to acquit the offence as they that by our Laws are to take benefit by the Fines and Forfeitures arising thereby . Edward the Confessors Law would not have Rex regni sub cujus protectione & pace degunt universi , to be without it ; when amongst his Laws which the People of England held so sacred as they did hide them under his Shrine , and afterwards precibus & fletibus obtained of the Conqueror , that they should be observed , and procured the observation of them especially to be inserted in the Coronation-Oaths of our succeeding Kings , inviolably to be kept . And it is under the Title of misericordia Regis & Pardonatio , declared , That Si quispiam forisfactus ( which the Margin interpreteth rei Capitalis reus ) poposcerit Regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum perdendorum , potest Rex ei lege suae dignitatis condonare si velit etiam mortem promeritam ; ipse tamen malefactor rectum faciat in quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda si vero fidejussores defecerint exulabitur a Patria . For the pardoning of Treason , Murder , breach of the Peace , &c. saith King Henry the First , in his Laws , so much esteemed by the Barons and Contenders for our Magna Charta , as they solemnly swore they would live and die in the defence thereof , do solely belong unto him , & super omnes homines in terra sua . In the fifth year of the Reign of King Edward the Second , Peirce Gaveston Earl of Cornewall , being banished by the King in Parliament , and all his Lands and Estate seized into the Kings hands , the King granted his Pardon , remitted the Seizures , and caused the Pardon and Discharges to be written and Sealed in His Presence . And howsoever he was shortly after upon his return into England , taken by the Earl of Warwick and beheaded without Process or Judgment at Law , yet he and his Complices thought themselves not to be in any safety , until they had by two Acts of Parliament in the seventh year of that Kings Reign obtained a Pardon , Ne quis occasionetur pro reditu & morte Petri de Gaveston , the power of pardoning , being always so annexed to the King and his Crown and Dignity . As the Acts of Parliament of 2 E. 3. ca. 2. 10 E. 3. ca. 15. 13 R. 2. ca. 1. and 16 R. 2. ca. 6. seeking by the Kings Leave and Licence in some things to qualifie it , are in that of 13 R. 2. ca. 1. content to allow the Power of Pardoning to belong to the Liberty of the King , and a Regality used heretofore by his Progenitors . Hubert de Burgh Earl of Kent Chief Justiciar of England , in the Reign of King Henry the third , laden with envy and as many deep Accusations as any Minister of State could lie under , in two several Charges in several Parliaments , then without an House of Commons , had the happiness , notwithstanding all the hate and extremities put upon him by an incensed Party , to receive two several Pardons of his and their King , and dye acquitted in the Estate which he had gained . In the fiftieth year of the Reign of King Edward the third , the Commons in Parliament petitioning the King , that no Officer of the Kings , or any man , high or low , that was impeached by them , should enjoy his Place or be of the Kings Council . The King only answered , he would do as he pleased . With which they were so well satisfied ; as the next year after , in Parliament , upon better consideration , they petitioned him , that Richard Lyons , John Pechie , and Alice Pierce , whom they had largely accused and believed guilty , might be pardoned . And that King was so unwilling to bereave himself of that one especial Flower in his Crown ; as in a Grant or Commission made in the same year to James Botiller Earl of Ormond of the Office of Chief Justiciar of Ireland giving him power under the Seal of that Kingdom to pardon all Trespasses Felonies , Murders , Treasons , &c. he did especially except and reserve to himself the power of pardoning Prelates , Earls and Barons . In the first year of the Reign of King Henry the fourth , the King in the Case of the Duke of Albemarle and others , declared in Parliament that Mercy and Grace belongeth to Him and his Royal Estate , and therefore reserved it to himself , and would that no man entitle himself thereunto . And many have been since granted by our succeeding Kings in Parliament , at the request of the Commons ( the People of England in Worldly and Civil Affairs as well ever since , as before , not knowing unto whom else to apply themselves for it . ) So as no fraud or indirect dealings being made use of in the obtaining of a Pardon , it ought not to be shaken or invalidated , whether it were before a Charge or Accusation in Parliament or after , or where there is no Charge or Indictment antecedent . The Pardon of the King to Richard Lyons at the request of the Commons in Parliament , as the Parliament Rolls do mention , although it was not inserted in the Pardon , was declared to be after a Charge against him by the Commons in Parliament , and in the perclose said to be per Dominum Regem . And a second of the same date and tenor , with a perclose said to have been per Dominum Regem & magnum Concilium . John Pechies pardon for whom that House of Commons in Parliament was said to intercede ; only mentioneth that it was precibus aliquorum Magnatum . 15 E. 3. The Archbishop of Canterbury before the King , Lords , and Commons humbling himself before the King Lords and Commons ; desired that where he was defamed through the Realm he might be larraigned before his Peers in open Parliamenti unto which the King answered , that He would attend the Common affairs , and afterward hear others . 5 H. 4. The King at the request of the Commons ; affirmeth the Archbishop of Canterbury , the Duke of York , the Earl of Northumberland , and other Lords , which were suspected to be of the confederacy of Henry Percy , to be his true Leige-men , and that they nor any of them should be impeached therefore , by the King or his Heirs in any time ensuing . 9 H. 4. The Speaker of the House of Commons presented a Bill on the behalf of Thomas Brooke against VVilliam Widecombe , and required Judgement against him ; which Bill was received and the said William Widecombe was notwithstanding bound in a 1000 pound to hear his Judgment in Chancery . And the many restorations in blood and estate in 13 H. 4 and by King E. 4 and of many of our Kings may inform us how necessary and beneficial the pardons , and mercy of our Kings and Princes have been to their People and Posterities . The Commons accuse the Lord Stanley in sundry particulars , for being confederate with the Duke of York , and pray that he may be committed to prison : to which the King answered , he will be advised . William de la Poole Duke of Suffolke being in a Parliament in the 28 th year of the Reign of King Henry the 6 th deeply charged by the Commons and not demanding his Peerage but submitting himself to the Kings grace and mercy was only banished for five years . Whereupon the Viscount Beaumont ▪ in the behalf of the Bishops and the Lords required that the said Judgment without their assent might be no barr to their priviledge of Peerage , but no saving at all either requested or granted for , or by the Commons . And Pardons before Indictments or prosecution have not been rejected for that they did anticipate any troubles which might afterwards happen . For so was the Earl of Shrewsbury's in the Reign of Queen Elizabeth for fear of being troubled by his ill willers for a sudden raising of men without a warrant to suppress an insurrection of Rebels . Lionell Cranfeild Earl of Middlesex Lord Treasurer of England , being about the 18 th year of King James , accused by the Lords & Commons in Parliament , for great offences and misdemeanours fined by the King in Parliament to be displaced , pay 50000 l. and never more to sit in Parliament , was in the 2 d year of the Reign of King Charles the Martyr , upon his Submission to the King and payment of 20000 l. only , pardoned of all Crimes , Offences and Misdemeanors whatsoever any Sentence , Act , or Order of Parliament , or the said Sentence to the contrary notwithstanding . For whether the accusation be for Treason wherein the King is immediately and most especially concerned , or for lesser Offences where the people may have some concernment , but nothing near so much or equivalent to that of the Kings being the supreme Magistrate , the King may certainly pardon and in many pardons as of Outlaries , Felonies , &c. there have been conditions annexed . Ita quod stent recto si quis versus eos loqui voluerit . So the Lord Keeper Coventry's in the Reign of King Charles the Martyr to prevent any dangerous questions , touching the receiving of Fines and other Proceedings in Chancery , sued out his Pardon . The many Acts of oblivion , or general pardon ; granted by many of our Kings and Princes , to the great comfort and quiet of their Subjects , but great diminution of the Crown revenue did not make them guilty , that afterwards protected themselves thereby from unjust and malicious adversaries . And where there is not such a clause it is always implyed by Law in particular mens cases , and until the Sovereignty can be found by Law to be in the people , neither the King or his people ( who by their Oaths of Allegiance and Supremacy are to be subordinate unto him ) are to be deprived of his haute et basse Justice , and are not to be locked up or restrained by any Petition , Charge or Surmise which is not to be accompted infallible , or a truth , before it be proved to the King and his Council of Peers in Parliament , and our Kings that gave the Lords of Manors , Powers of Soke and Sake , Infangtheif , and Outfangtheif in their Court Barons , and sometimes as large as Fossarum & Furcarum , and the incident Power of Pardons and Remissions of Fine and Forfeitures which many do at this day without contradiction of their other Tenants enjoy , should not be bereaved of as much liberty in their primitive and supream Estates as they gave them in their derivatives . And though there have been revocations of Patents during pleasure , of Protections and Presentations , and Revocations of Revocations quibusdam certis de causis , yet never was there any Revocation of any Pardon 's granted where the King was not abused or deceived in the granting thereof . For in Letters Patents for other matters Reversals were not to be accounted legal , where they were not upon just causes proved upon Writs of Scire facias issuing out of the Chancery , and one of the Articles for the deposing of King Richard the 2 d. being that he revoked some of his Pardons . The recep's of Patents of Pardon , or other things were ordained so to signifie the time when they were first brought to the Chancellour , as to prevent controversies concerning priority or delays , made use of in the Sealing of them to the detriment of those that first obtained them . And the various forms in the drawing or passing of Pardons as long ago His testibus , afterwards per manum of the Chancellour or per Regem alone , per nostre Main , vel per manum Regis , or per Regem & Concilium , or authoritate Parliamenti , per Regem & Principem , per Breve de privat . sigillo , or per immediate Warrant being never able to hinder the energy and true meaning thereof . And need not certainly be pleaded in any subordinate Court of Justice without an occasion or to purchase then allowance who are not to controul such an Act of their Sovereign . Doctor Manwaring in the fourth or sixth Year of the Reign of King Charles the Martyr being grievously fined by both Houses of Parliament , and made incapable of any place or Imployment ; was afterwards pardoned and made Bishop of St. Asaph with a non obstante of any order or Act of Parliament , So they that would have Attainders pass by Bill or Act of Parliament to make that to be Treason which by the Law and antient and reasonable Customs of England , was never so before to be believed or adjudged , or to Accumulate Trespasses and Misdemeanors to make that a Treason which singly could never be so , either in truth , Law , right , reason or Justice . May be pleased to admit and take into their serious consideration , that Arguments a posse ad esse , or ab uno ad plures , are neither usual or allowable , and that such a way of proceeding will be as much against the Rules of Law , Honour , and Justice as of Equity and good Conscience . And may be likewise very prejudicial to the very ancient and honourable House of Peers in Parliament , for these and many more to be added Reasons , viz. For former Ages knew no Bills of Attainder , by Act of Parliament after an Acquittal or Judgment in the House of Peers , until that unhappy one in the latter end of the Reign of King Charles the Martyr , which for the unusalness thereof had a special Proviso inserted , That it should not hereafter be drawn into Examples or made use of a President . And proved to be so fatally mischievous to that blessed King himself , and His three Kingdoms of England ; Scotland and Ireland , as he bewailed in his excellent Soliloquies , and at his Death , his consenting to such an Act , and charged His Majesty that now is , never to make Himself or His People , to be partakers of any more such Mischief procuring State-Errors . The House of Commons if they will be Accusers , wherein they may be often mistaken , when they take it from others , and have no power to examine upon Oath , wild and envious Informations , and at the same time a part of the Parliament , subordinate to the King , will in such an Act of Attainder be both Judge and Party , which all the Laws in the World could never allow to be just . And such a course , if suffered , must needs be derogatory and prejudicial to the Rights and Priviledges , and Judicative Power of the Peers in Parliament , unparallelled , and unpresidented , when any Judgments given by them , shall by such a Bill of Attainder , like a Writ of Error , or as an Appeal from them to the House of Commons , be en●rvated or quite altered by an Act of Attainder framed by the House of Commons , whereby they which shall be freed or absolved by their Peers , or by that Honourable and more wise Assembly , shall by such a back or by-blow be condemned , or if only Fined by the House of Peers , may be made to forfeit their Lives , Estates and Posterities by the House of Commons ; or if condemned in the Upper House , be absolved in the Lower , who shall thereby grow to be so formidable as none of the Peerage , or Kings Privy-Council shall dare to displease them , and where the dernier Ressort , or Appeal , was before and ought ever to be to the King in His House of Peers , or without , will thus be lodged in the House of Commons , and of little avail will the Liberty of our Nobility be to be tryed by their own Peers , when it shall be contre caeur , and under the Control of the House of Commons . Or that the Commons disclaiming , as they ought , any power or Cognisance in the matters of War and Peace , should by a Bill of Attainder make themselves to be Judges and Parties against a Peer , both of the Kings Privy Council and Great Council in Parliament , touching Matters of that Nature . For if the Commons in Parliament had never after their own Impeachments of a Peer or Commoner , Petitioned the King to pardon the very Persons which they had Accused , as they did in the Cases of Lyons and John Pechie , in the 51 year of the Reign of King Edward the Third , whom they had fiercely accused in Parliament but the year before , the Objection that a Pardon ought not to be a Bar against an Impeachment might have had more force than it is like to have . Neither would it or did it discourage the exhibiting any for the future , no more than it did the many after Impeachments , which were made by the Commons in several Parliaments , and Kings Reigns , whereupon punishments severe enough ensued ; For if the very many Indictments and Informations at every Assizes and Quarter-Sessions in the Counties , and in the Court of Kings-Bench at Westminster , in the Term time , ever since the Usurpation and Reign of King Stephen , and the Pardon 's granted shall be exactly searched and numbred , the foot of the Accompt will plainly demonstrate , that the Pardons for Criminal Offences have not been above or so many as one in every hundred , or a much smaller and inconsiderable number , either in or before the first or later instance , before Tryal or after , and the Pardon 's granted by our Kings , so few and seldom , as it ought to be confest , that that Regal Power only proper for Kings , the Vicegerents of God Almighty , not of the People , hath been modestly and moderately used , and that the multitude of Indictments and Informations , and few Pardon 's now extant in every year , will be no good Witnesses of such a causelesly feared discouragement . And it will not be so easily proved , as it is fancied that there ever was by our Laws or reasonable Customs any Institution to preserve the Government by restraining the Prince , against whom and no other the Contempt and Injury is immediately committed from pardoning offences against Him , and in Him against the People to whose charge they are by God intrusted . Or that there was any such institution ( which would be worth the seeing if it could be found or heard of ) that it was the Chief , or that without it consequently the Government it self would be destroyed . To prove which groundless Institution the Author of those Reasons is necessitated ( without resorting as he supposeth to greater Antiquities ) to vouch to Warranty the Declaration of that excellent Prince , King Charles the First of Blessed Memory , made in that behalf ( when there was no Controversie or Question in agitation or debate touching the power of pardoning ) in his Answer to the nineteen Propositions of both Houses of Parliament , wherein stating the several parts of this well regulated Monarchy , he saith , the King , the House of Lords , and the House of Commons , have each particular Priviledges . Wherein amongst those which belong to the King , he reckons the power of pardoning , if the Framer of those Reasons might have been fair and candid , and added the Words immediately following , viz. And some more of the like kind are placed in the King. And this kind of excellently tempered Monarchy , having the power to preserve that Authority , without which it would be disabled to protect the Laws in their Force , and the Subjects in their Peace , Liberties , and Properties , ought to have drawn unto Him such a respect and reverence from the Nobility and Great Ones , as might hinder the Ills of Division and Faction ; and cause such a Fear and Respect from the People as may hinder Tumults and Violence . But the design being laid and devised to tack and piece together such parcels of His said late Majesties Answer , as might make most for the advantage of the Undertaker to take the Power of Pardoning from the Prince , and lodge it in the People , and do what they can to create a Soveraignty or Superiority in them , which cannot consist with his antient Monarchy , and the Laws and reasonable Customs of the Kingdom , the Records , Annals and Histories , Reason , Common Sense and understanding thereof , the long and very long approved usages of the Nation , and Oaths of Allegiance and Supremacy of those that would now not only deny but be above it . And would make the King , by some scattered or distorted parts of that Answer , mangled and torn from the whole context and purpose of it , to give away those undoubted Rights of his Crown , for which , and the preservation of the Liberties of His People , he died a Martyr ; the Author and his Party endeavouring all they can to translate the Assent of the Commons required in the levying of Money into that of the power of pardoning , and jumbling the Words and Sense of that Royal Answer , cements and puts together others of their own to fortifie and make out their unjust purposes , omitting every thing that might be understood against them , or give any disturbance thereunto . And with this resolution the Author proceedeth to do as well as he can , and saith : After the enumeration of which , and other His Prerogatives , His said Majesty adds thus ; Again ( as if it related to the matter of pardoning which it doth not at all , but only and properly to the levying of Money , wherein that Misinterpreter can afford to leave out His said Majesties Parenthesis ( which is the Sinews as well of Peace as War ) that the Prince may not make use of this high and perpetual Power to the hurt of those for whose good he hath it , and make use of the Name of Publick Necessity ( which clearly evidenceth that his late Majesty thereby only intended that part of his Answer to relate to the levying of Money ) for the gain of his private Favorites and Followers to the detriment of his People . Whither being come , our Man of Art or putter of his Matters together , finds some words which will not at all serve his turn inclosed in a Royal Parenthesis of his late Majesty , viz. ( An excellent Conserver of Liberty , but never intended for any share in Government , or the choosing of them that should govern ) but looked like a deep and dangerous Ditch which might Sowse him over head and ears , if not drown him and spoil all his inventions , and therefore well bethinks himself , retires a little , begins at An excellent Conserver of Liberty , makes that plural , adds , &c. which is not in the Original , fetches his seeze and leaps quite over all the rest of the Parenthesis , as being a Noli me tangere , dangerous words and of evil consequence , and having got over goeth on until he came to some just and considerable expostulations of his late Majesty , and then as if he had been in some Lincolnshire Fens and Marshes , is again enforced to leap until he come to , Therefore the Power legally placed in both Houses , is more than sufficient to prevent and restrain the Power of Tyranny . But not liking the subsequent words of his late Majesty , viz. And without the Power which is now asked from Vs , we shall not be able to discharge that Trust which is the end of Monarchy , since that would be a total subversion of the Fundamental Laws , and that excellent Constitution of this Kingdom , which hath made this Nation for many years both famous and happy to a great degree of envy , is glad to take his leave with an , &c. and meddle no more with such Edge-Tools , wherewith that Royal Answer was abundantly furnished . But looks back and betakes himself to an Argument framed out of some Melancholick or Feverish Fears and Jealousies , that until the Commons of England have right done unto them against that Plea of Pardon , they may justly apprehend that the whole Justice of the Kingdom in the Case of the five Lords , may be obstructed and defeated by Pardons of a like nature . As if the pardoning of one must of necessity amount to many , or all , in offences of a different nature committed at several times by several persons ( which is yet to be learned ) and the Justice of the Nation which hath been safe and flourished for many Ages , notwithstanding some necessary Pardons granted by our Princes , can be obstructed or defeated in a well constituted Government under our Kings and Laws ; so it may everlastingly be wondred upon what such jealousies should now be founded , or by what Law or Reason to be satisfied , if it shall thus be suffered to run wild or mad . For Canutus in his Laws ordained that there should be in all Punishments a moderata misericordia , and that there should be a misericordia in judicio exhibenda , which all our Laws , as well those in the Saxon and Danish times as since , have ever intended , and it was wont to be a parcel of good Divinity that Gods Mercy is over all his Works , who not seldom qualifies and abates the rigour of his Justice . When Trissilian Chief Justice , and Brambre Major of London , were by Judgment of the Parliament of the Eleventh of King Richard the second , Hanged and Executed , the Duke of Ireland banished , some others not so much punished , and many of their Complices pardoned , the people that did not know how soon they might want Pardons for themselves , did not afflict themselves or their Sovereign with Complaints and Murmurings that all were not Hanged and put to the extremities of Punishment ; nor was Richard Earl of Arundel , one of the fierce Appellants in that Matter , vexed at the pardoning of others , when he in a Revolution and Storm of State was within ten years after glad to make use of a Pardon for himself . King James pardoned Sir Walter Rawleigh , the Lord Cobham , Sir Griffin Markham with many others then guilty of Treason , and the Earl of Somerset and his Lady , for the Murder of Sir Thomas Overbury , without any commotion in the Brains of the rest of his Subjects , some of whom were much disturbed that he after caused Sir Walter Rawleigh to be executed for a second offence upon the Score of the former , not at all pardoned , but reprieved or only respited . And therefore whilest we cry out and wonder quantum mutantur tempora , may seek and never find what ever was or can be any necessary cause or consequence that the five Lords accused of High Treason , and a design of killing the King , will be sure to have a Pardon , if that the Pardon of the Earl of Danby , whose design must be understood by all men rather to preserve him , shall be allowed . Nor doth an Impeachment of the House of Commons virtually , or ever can from the first Constitution of it be proved or appear to be the voice of every particular Subject of the Kingdom ; for if we may believe Mr. William Pryn , one of their greatest Champions , and the Records of the Nation and Parliaments , the Commons in Parliament do not , or ever did Represent , or are Procurators for the Lords Spiritual and Temporal and their numerous Tenants and ancient Baronies , and those that hold or do now hold in Capite , nor for the many Tenants that should be of the Kings ancient Demesne and Revenues , nor for the Clergy , the multitude of Copyholders heretofore , as much as the fourth part of the Kingdom , neither the great number of Lease-holders , Cottagers , &c. that are not Freeholders , Citizens or Trades-men , nor can all the Members of the Body Politick be equally wounded in their Estates or concernments by the vain imaginations , causless fears , and jealousies and bugbears of other seditious or fanciful Mens own making . And to men that have not yet proceeded so far in the School of Revelation as to be sure of the Spirit of Prophesie , it may prove a matter of ill consequence that the universality of the People should have occasion ministred and continued to them to be apprehensive of utmost dangers from the Crown , from whence they of right expect Protection . And a Wonder next a Miracle , from whence the Premisses to such a trembling and timorous conclusion can be fetched , or how a People , whose valiant and wiser Forefathers were never heretofore scared with such panick fears , nor wont to be affrighted with such Phantasmes , should now suspect they can have no Protection from the Crown , when some of them do at the same time labour all they can to hinder it . Or how it should happen in the long Rebellious Parliament that after Mr. Chaloner a Linnen Draper of London , was hanged for Plotting a Surprize of the City of London and reducing it to the Kings obedience , honest Mr. Abbot the Scrivener should be pardoned without any such discontent and murmuring of the People , or that Oliver Cromwell should not be debarred of his Power of Pardoning in his Instrument of Government , and be allowed to Pardon the Lord Mordant for a supposed Treason against his usurped Authority ; and our King deriving his Authority , legally vested in Him and His Royal Ancestors , for more than one thousand years before , may not adventure to do it without the utter undoing and ruine of his Subjects in their Properties , Lives and Estates , by His pardoning of some Capital Offenders : Or why it should not be as lawful and convenient for the King to grant Pardons to some other Men , as to Doctor Oates or Mr. Bedlow . When no Histories Jewish , Pagan or Christian , can shew us a People Petitioning their Kings , that they would not Pardon , when all are not like to be Saints or Faultless , and it will ever be better to leave it to the Hearts of Kings , and God that directs them , than to believe Tyranny to be a Blessing , and Petition for it . And the most exact search that can be made , when it findeth the Commons petitioning in Parliament to the King or House of Peers , that they may be present at some Tryals there , upon their Impeachments , cannot meet with any one President where they ever desired , or were granted such a reasonless Request , pursued and set on by other Mens Designs to have one Mans Tryal had before another , and by strugling and wrestling for it , expose the King and Kingdom to an utter destruction . And therefore in those their fond importunities might do well to tarry until they can find some Reason why the Lords Spiritual may not Vote or Sit as Judges or Peers in Parliament , in the Case of the five-Lords , as well as of the Earl of Danby . Or any President that it is or hath been according to Parliamentary proceedings to have any such Vote or Request made by the Commons in Parliament . Who neither were or should be so omnipotent in the opinion of Hobart and Hutton and other the learned Judges of England , as to make a Punishment before a Law , or Laws with a Retrospect , which God himself did never allow , but should rather believe that Laws enacted contrary to the Laws of God and Morality , or that no Aids or Help are to be given to the King pro bono publico , or that there should be no Customs or Prescription , or that the King should be governed by His People , would be so far from gaining an Obedience to such Laws or Acts of Parliament as to render them , to be ipso facto null and of none effect . When the King hath been as careful to distribute Justice as his Mercy , without violence to his Laws and well-inform'd Conscience hath sometimes perswaded him to Pardon , to do Justice , or to cause it to be done in a legal and due manner , and is so appropriate to the Office and Power of a King , so annext , appendant and a part of it , as none but His Delegates are to intermeddle or put any limits thereunto , and if it should not be so solely inherent in Him would be either in abeyance or no where . For the House of Commons are neither a Judicature or sworn to do Justice , and if they were , would be both Judges and Parties , and the Lords Spiritual and Temporal are not as to particular proceedings sworn but meerly consultive ; So as Justice can vest in none but the King , who is by his Coronation-Oath only sworn to do it , if His Right of Inheritance and greater Concernments than any of His Subjects , did not abundantly ingage and prompt Him thereunto ; and is therefore so every way , and at all times obliged to do Justice and Protect the Lives , Estates , Peace and Liberty of His Subjects , as he is with all convenient speed and hast to Try or bring to Judgment , a Subject accused of Treason by the Houses of Lords and Commons , both or either of them in His Court of Kings-Bench before the Justices thereof , or by special Commission by a Lord High Steward in or without the time of Parliament . And the King may acquit ( which amounteth to a Remission or Pardon ) by a more Supreme Authority than any of His Judges ( some particular Cases wherein Appeals are , or may be brought , only excepted ) do ordinarily by an authority derived from no other , not to be debarred by probabilities , or possibilities , or by consequences , not always to be foreseen or avoided . For a Man pardoned for Man-slaughter , may be so unhappy as in the like manner afterwards to be the death of five or ten more ; 20000. Rebells pardoned at a time as in the Insurrections of Wat Tyler , Jack Cade , &c. may be guilty of the like Offence , twenty or forty years after : The Lord Mayor of London that hath an allowance of Tolls and Profits to take a care of the City and wholsomness of Food , might be , as they are , too much careless and undo them in their Health and well being . The Judges may as those in the Reign of King Edward the First , and Thorp in the Reign of King Edward the Third , be guilty of Misdemeanours , yet that is not to bereave us of that good which better Men may do us in their administration of Justice , our Kings have granted Priviledges , to certain Cities and Towns not to pay Subsidies , and granted Pardons as their Mercies and right reason inclined them , in the course of their several Reigns for many Ages last past , yet have not acquitted or left unpunished all the Offenders ever since , there being a greater likelyhood that they would not be so easie in pardoning , where they were to gain so much by Attainders , Fines and Forfeitures . And therefore panick & vain Fears , such as in constantem virum cadere non possunt , should not be permitted to affright our better to be imployed Imaginations , unless we had a mind to be as wise as a small and pleasant Courtier of King Henry the Eighths who would never endure to pass in a Boat under London-Bridge lest it should fall upon his Head , because it might once happen to do so . Our Magna Charta's and all our Laws which ordain no man to be condemned or punished without Tryal by his Peers , do allow it where it is by Confession , Outlawry , &c. and no Verdict . Did never think it fit that Publick Dangers , such as Treason should tarry , where Justice may as well be done otherwise without any precise Formalities to be used therein . For although it may be best done by the advice of the Kings greatest Council the Parliament , there is no Law or reasonable Custom of England either by Act of Parliament , or without , that restrains the King to do it only in the time of Parliament . When the Returns , Law-Days and Terms appointed and fixt , have ever given place to our Kings Commissions of Oyer and Terminer , Inquiries , &c. upon special and emergent occasions . And notwithstanding it will be always adviseable that Kings should be assisted by their greatest Council , when it may be had yet there is no Law or Act of Parliament extant , or any right reason or consideration to bind Him from making use of His ordinary Council in a Case of great and importunate necessity for the Tryal of Peers by their Peers , before a Lord High Steward , attended by the Kings learned Judges of the Law. For Cases of Treason , Felony and Trespass , being excepted out of Parliament , first and last granted and indulged Priviledges by our and their Kings and Princes , there can be no solid Reason or cogent Argument to perswade any man that the King cannot for the preservation of Himself and His People , in the absence or interval of Parliaments , punish and try Offenders in Cases of Treason , without which there can be no Justice , Protection or Government , if the Power of the King and Supreme Magistrate shall be tyed up by such , or the like as may happen , Obstructions . So until the Honourable House of Commons can produce some or any Law , Agreement , Pact , Concession , Liberty or Priviledge to Sit and Counsel the King , whether he will or no , as long as any of their Petitions remain unanswered ( which they never yet could or can ) ( those grand Impostures and Figments of the Modus tenendi Parliamenta and the supposed Mirror of Justice , being as they ought to be rejected ) when the Parliament Records will witness that many Petitions have , for want of time ( most of the ancient Parliaments not expending much of it ) been adjourned to be determined in other Courts , as in the Case of Staunton in 14 E. 3. and days have been limited to the Commons for the exhibiting of their Petitions ; the Petitions of the Corbers depended all the Reigns of King Edward the First and Second , until the eleventh year of Edward the Third , which was about sixty six years , and divers Petitions not dispatched , have in the Reign of King Richard the Second , been by the King referred to the Chancellor and sometimes with a direction to call to his assistance the Justices and the Kings Serjeants at Law , and the Commons themselves have at other times prayed to have their Petitions determined by the Councel of the King or by the Lord Chancellor . And there will be reason to believe that in Cases of urgent necessity for publick safety , the King is & ought to be at liberty to try & punish great and dangerous Offenders without His Great Council of Parliament . The Petitions in Parliament touching the pardoning of Richard Lyons , John Peachie , Alice Peirce , &c. and a long process of William Montacute Earl of Salisbury were renewed and repeated again in the Parliament of the first of Richard the Second , because the Parliament was ended before they could be answered . Anno 1. of King Richard the Second , John Lord of Gomenez formerly committed to the Tower for delivering up of the Town of Ardes in that Kings time , of which he took upon him the safe keeping in the time of King Edward the Third , and his excuse being disproved , the Lords gave Judgment that he should dye , but in regard he was a Gentleman and a Baronet and had otherwise well served , should be beheaded and Judgment respited until the King should be thereof fully informed , and was thereupon returned again to the Tower. King Henry the Second , did not tarry for the assembling a Parliament to try Henry de Essex , his Standard-bearer , whom he disherited for throwing it down and affrighting his Host or disheartning it . 16 E. 2. Henry de bello monte a Baron refusing to come to Parliament upon Summons was by the King , Lords and Council , and the Judges , and Barons of the Exchequer then assisting committed for his contempt to Prison . Anno 3 E. 3. the Bishop of Winchester was indicted in the Kings-Bench for departing from the Parliament at Salisbury . Neither did Henry the Eight forbear the beheading of His great Vicar-General Cromwell , upon none or a very small evidenced Treason , until a Parliament should be Assembled . The Duke of Somerset was Indicted of Treason and Felony , the second of December , Anno 3 & 4 Edwardi 6. sitting the Parliament , which began the fourth day of November , in the third year of His Reign , and ended the first day of February in the fourth , was acquitted by his Peers for Treason , but found guilty of Felony , for which neglecting to demand his Clergy he was put to Death . In the Reign of King Philip and Queen Mary , thirty nine of the House of Commons in Parliament ( whereof the famous Lawyer Edmond Plowden was one ) were Indicted in the Court of Kings-Bench , for being absent without License from the Parliament . Queen Elizabeth Charged and Tryed for Treason , and Executed Mary Queen of Scots her Feudatory , without the Advice of Parliament , and did the like with Robert Earl of Essex her special Favourite , for in such Cases of publick and general Dangers , the shortest delays have not seldom proved to be fatally mischievous . And howsoever it was in the Case of Stratford , Archbishop of Canterbury in the fifteenth year of the Reign of King Edward the Third , declared that the Peers de la terre ne doivent estre arestez ne mesnez en Jugement , Si non en Parlement & par leur Pairres , yet when there is no Parliament , though by the Common-Law their Persons may not then also be Arrested at a common persons Suit , they may by other ways be brought to Judgment in any other Court. And Charges put in by the Commons in the House of Peers , against any of the Peers have been dissolved with it . For Sir Edward Coke hath declared it to be according to the Law and reasonable Customs of England , followed by the modern practice , that the giving any Judgment in Parliament doth not make is a Session , and that such Bills as passed in either or both Houses , and had no Royal Assent unto them , must at the next Assembly begin again ; for every Session of Parliament is in Law ( where any Bill hath gained the Royal Assent , or any Record upon a Writ of Error brought in the House of Peers hath been certified ) is and hath been accompted to have been a Session . And although some of this later quarrelling Age have Espoused an Opinion , too much insisted upon , that an Impeachment brought by the House of Commons against any one makes the supposed Offence , until it be Tryed , unpardonable . A Reason whereof is undertaken to be given , because that in all Ages it hath been an undoubted Right of the Commons to Impeach before the Lords any Subject for Treason or any Crime whatsoever . And the Reason of that Reason is ( supposed to be ) because great Offences complained of in Parliament , are most effectually determined in Parliament . Wherein they that are of that Opinion may be intreated to take into their more serious consideration ; That there neither is , nor ever was , any House or Members of Commons in Parliament , before the Imprisonment of King H. 3. by a Rebellious part of his Subjects , in the Forty ninth year of his Reign , or any kind of fair or just evidence for it . Factious designing and fond conjectures being not amongst good Patriots , or the Sons of Wisdom ever accompted to be a sufficient , or any evidence . Nor was the House of Lords from its first and more ancient original , intituled under their King to a Judicative Power to their Kings , in common or ordinary Affairs , but in arduis , and not in all things of that nature , but in quibusdam , as the King should propose and desire their advice , concerning the Kingdom and Church , in matters of Treason or publick concernments , and did understand themselves , and that high and honourable Court , to be so much forbid by Law , ancient usage and custom to intermeddle with petty or small Crimes or Matters , as our Kings have ever since the sixth year of the Reign of King Edward the first , ordained some part of the Honourable House of Peers , to be Receivers and Tryers of Petitions of the Members of the House of Commons themselves and others , directed to the King , to admit what they found could have no remedy in the ordinary Courts of Justice , and reject such as were properly elsewhere to be determined , with an Indorsement of non est Petitio Parliamenti . Which may well be believed to have taken much of its reason and ground from a Law made by King Canutus who began his Reign about the year of our Lord , 1016. Nemo de injuriis alterius Regi queratur nisi quidem in Centuria Justitiam consequi & impetrare non poterit . For certainly , if it should be otherwise , the reason and foundation of that highest Court would not be as it hath been hitherto , always understood to be with a Cognisance only de quibusdam arduis , matters of a very high nature concerning the King and the Church . But it must have silenced all other Courts and Jurisdictions , and have been a continual Parliament , a Goal-delivery or an intermedler in Matters as low as Court Leets , or Baron and County Courts , and a Pye-Powder Court. And the words of any Crime whatsoever do not properly signifie great Offences , and that all great Offences do concern the Parliament , is without a Key to unlock the Secret not at all intelligible , when it was never instituted or made to be a Court for common or ordinary Criminals . For the House of Commons were never wont to take more upon them than to be Petitioners and Assenters unto such things as the King by the advice of His Lords Spiritual and Temporal should ordain , and obey , and endeavour to perform them . And an Impeachment of the House of Commons cannot be said to be in the Name , or on the behalf of all the People of England , for that they never did or can represent the one half of them , and if they will be pleased to examine the Writs and Commissions granted by our Kings for their Election , and the purpose of the Peoples Election of them to be their Representatives , Substitutes or Procurators , it will not extend to accuse Criminals , for that appertained to the King himself and His Laws , care of Justice and the Publick ; the Common People had their Inferiour Courts and Grand Juries , Assises and Goal-Deliveries to dispatch such Affairs without immediately troubling Him or His Parliament , and the tenour and purpose of their Commissions and Elections to Parliament , is no more than ad faciendum & consentiendum iis to obey and perform such things as the King , by the advice of His Lords Spiritual and Temporal , should in Parliament ordain . For although where the Wife or Children of a Man murdered shall bring an Appeal , the King is debarred from giving a Pardon , because by our Saxon Laws derived from the Laws of God , they are not to be disturbed in that satisfaction which they ought to have by the loss or death of the Man murdered . Yet the publick Justice will not be satisfied without the party offending be Arraigned and brought to Judgment for it , if the party that hath right to Appeal should surcease or be bought off , so as an Appeal may be brought after or before the King hath Indicted , and an auter foitz acquit in the one case will not prejudice in the other , and where the Matter of Fact comes to be afterwards fully proved , and the Appeal of a Wife or Children of a Bastard called filius populi , quia nullius filius , where only the King is Heir , cannot vacate or supersede an Indictment of the Kings . Neither is an Appeal upon a Crime or in criminal Matters , in the first instance to be at all pursued in Parliament , by the Statute made in the First year of the Reign of King H. 4. the words whereof are , Item for many great inconveniencies and mischiefs that often have happened by many Appeals made within the Realm of England ( to the great afflictions and calamities of the Nation , as it afterwards happened by the Lancastrian Plots and Designs in that mischievous Appeal in Anno 11 of King Richard the Second ) before this time ; It is ordained and stablished from henceforth , That all the Appeals to be made of things done out of the Realm , shall be tryed and determined before the Constable and Marshal of England for the time being ; And moreover it is accorded and assented , That no Appeals be from henceforth made , or in any wise pursued in Parliament in any time to come . And therefore that allegation that the House of Peers cannot reject the Impeachment of the Commons , because that Suit or Complaint of the Commons can be determined no where else , will want a better foundation ( an Impeachment of the House of Commons , in the Name of all the People being no other than an Appeal to the King in Parliament . ) And the Suit of such as might be Appellants in another place ( being there expresly prohibited ) cannot be supposed to be the concern or interest of all the People deserving or requiring satisfaction , or especially provided for by Law to have satisfaction , unless it could by any probability or soundness of Judgment be concluded that all the People of England , besides Wives , Children or near Kindred and Relations ( the necessity of publick Justice and deterring Examples ) are or should be concerned in such a never to be fancied Appeal of the People . And it will be very hard to prove that one or a few are all the People of England , or if they could be so imagined , are to be more concerned than the King , who is sworn to do Justice , unless they would claim and prove a Sovereignty and to be sworn to do Justice , which though they had once by a villanous Rebellion attacked , until Oliver Cromwel their Man of Sin , cheated them of it ; for God would never allow them any such power or priviledge , or any Title to the Jesuits Doctrine , which some of our Protestant Dissenters , their modern Proselites , have learned of them , that the King although he be singulis major , is minor universis . And it is no denial of Justice in the House of Peers to deny the receiving of an Impeachment from the House of Commons , when they cannot understand any just cause or reason to receive it , and the Records , Rolls , Petitions and Orders of Parliament will inform those that will be at the pains to be rightly and truly directed by them , that Petitions in Parliament have been adjourned , modified or denied ; and that in the Common or Inferior Courts of Justice , Writs and Process may sometimes be denied , superseded or altered according to the Rules of Justice , or the circumstances thereof . And our Records can witness , that Plaintiffs have petitioned Courts of Justice recedere a brevi & impetrare aliud . And it cannot be said that the King doth denegare Justitiam , when he would bind them unto their ancient , legal , well experimented forms of seeking it in the pursuing their Rights and Remedies , and hinders them in nothing but seeking to hurt others and destroy themselves . For Justice no otherwise denied should not be termed Arbitrary , until there can be some solid reason , proof or evidence for it . When it is rather to be believed , that if the Factious Vulgar Rabble might have their Wills , they would never be content or leave their fooling until they may obtain an unbounded liberty of tumbling and tossing the Government into as many several Forms and Methods , as there be days in the year , and no smaller variety of Religions . And they must be little conversant with our Records , that have not understood that the Commons have many times received just denials to their Petitions , and that some have not seldom wanted the foundations of Reason or Justice . That many of their Petitions have adopted the Concerns and Interests of others , that were either Strangers unto them , or the Designs of some of the grand Nobility who thought them as necessary to their purposes as Wind , Tide , and Sails are to the speeding of a Ship into the Port or Landing-places of their Designs . For upon their exhibiting in a Parliament in the 28 year of the Reign of King Henry the Sixth , abundance of Articles of High Treason , and Misdemeanours , against William de la Poole , Duke of Suffolk ; one whereof was that he had sold the Realm of England to the French King , who was preparing to invade it . When they did require the King and House of Lords that the Duke ( whom not long before they had recommended to the King to be rewarded for special services ) might be committed Prisoner to the Tower of London , the Lords and Justices upon consultation , thought it not reasonable unless some special Matter was objected against him . Whereupon the said Duke not putting himself upon his Peerage , but with protestation of his innocency , only submitting himself to the Kings mercy , who acquitting him from the Treason and many of the Misdemeanours ▪ and for some or them by the advice of the Lords , only banished him for five years . And that thereupon when the Viscount Beaumont in the behalf of the Lords Spiritual and Temporal required that it might be Inrolled that the Judgment was by the Kings own Rule , & not by their Assent , and that neither they nor their Heirs should by this Example be barred of their Peerage . No Protestation appears to have been made by any of the Lords Spiritual or Temporal for or on the behalf of the Commons . Or by the Commons for themselves . So as a different manner of doing Justice can neither truly or rationally be said to be an absolute denial of Justice , and was never believed to be so by the Predecessors of the House of Commons in Parliament in our former Kings Reigns , when some hundreds of their Petitions in Parliament have been answered by , There is a Law already provided , or let the old Law stand , or the King will provide a convenable or fitting remedy . And is not likely if it were , as it is not to be , any Arbitrary Power , or any temptation or inducement thereunto , to produce any Rule or incouragement to the exercise of an Arbitrary Power in the Inferiour Courts , when there is none so weak in his Intellect , but may understand that different Courts have several Boundaries , Methods and Forms of Proceedings , and that the Kings extraordinary great Court and Councel in His House of Peers although very just and unarbitrary in their procedures , is so always ready to succour the Complaints of People , as it never willingly makes it self to be the cause of it . And cannot misrepresent the House of Peers to the King and his People , in the Case of Mr. Fitz-Harris , or any others , when that honourable Assembly takes so much care as it doth to repress Arbitrary Power , and doth all it can to protect the whole Nation from it , and many of the House of Commons Impeachments have been disallowed by the King and his House of Peers in Parliament without any ground or cause of fear of Arbitrary Power , which can no where be so mischievously placed , as in the giddy multitude whose Impeachments would be worse than the Ostracisme at Athens , and so often overturn and tire all the wise men and good men in the Nation as there would be none but such as deserve not to be so stiled , to manage the Affairs of the Government , subordinate to their King and Sovereign . To all which may be added , if the former Presidents cited to assert the Kings Power of Pardoning aswell after an Impeachment made by the Commons in Parliament , as before and after an Impeachment received by the Lords in Parliament , or made both by the Lords and Commons in Parliament , and after an Impeachment received by the Lords in Parliament , or made both by the Lords and Commons in Parliament be not sufficient that of Hugh le Despenser , Son of Hugh le Despenser , the younger , a Lord of a great Estate , which is thus entred in the Parliament Roll of the fifth year of the Reign of King Edward the Third , ought surely to satisfie , that the Laws and reasonable Customs of England will warrant it . Anno 5 E. 3. Sir Eubule le Strange and eleven other Mainprisers , being to bring forth the Body of Hugh the Son of Hugh le Despenser the younger , saith the Record , A respondre au prochein Parlement & de ester an droit & affaire ce & de liu en conseil soit ordine & mesuerent le Corps le dit Hugh devant nostre Seigneur le Roi Countes Barons & autres Grantz en mesme le Parlement & monstrent les L'res Patents du Roi de Pardon al dit Hugh forisfacturam vite & membrorum sectam pacis homicidia roborias Felonias & omnes transgressiones , &c. Dated 20 Martii anno primo Regni sui Et priant a n're Seigneur le Roi quil le vousist delivrer de las Mainprise & faire audit Hugh sa grace & n're Seigneur le Roi eiant regard a ses dites L'res & voilant uttroier a la Priere le dit Mons'r Eble & autres Mainpernors avant dit & auxint de les Prelatz qui prierent molt especialment pur lui si ad comande de sa grace sa delivrance . Et voet que ses Menpernors avant ditz & chescun d' eux soient dischargez de leur Mainprise & auxint & le dit Hugh soit quit & delivrers de Prisone & de garde yssint & si ho'me trove cause devers lui autre & nest uncore trove quil estoise au droit . And the English Translator , or Abridger of the Parliament Records , hath observed that the old usage was , that when any person being in the Kings displeasure , was thereof acquitted by Tryal or Pardon , yet notwithstanding he was to put in twelve of his Peers to be his Sureties for his good Behaviour at the Kings pleasure . And may be accompanied by the Case of Richard Earl of Arundel in the 22 year of the Reign of King Richard the Second , being Appealed by the Lords Appellant , and they requiring the King , that such persons Appealed , that were under Arrest , might come to their Tryal , it was commanded to Ralph , Lord Nevil , Constable of the Tower of London to bring forth the said Richard Earl of Arundel , then in his custody , whom the said Constable brought into the Parliament , at which time the Lords Appellants came also in their proper Persons . To the which Earl the Duke of Lancaster ( who was then hatching the Treason which afterwards in Storms of State and Blood came to effect against the King ) by the Kings Commandment and Assent of the Lords declared the whole circumstances ; after the reading and declaring whereof the Earl of Arundel , who in Anno 11 of that Kings Reign , had been one of the Appellants , together with Henry Earl of Derby son of the said Duke of Lancaster , and afterwards the usurping King Henry the Fourth against Robert de Vere , Duke of Ireland and Earl of Oxford , and some other Ministers of State , under King Richard the Second , alledged that he had one Pardon granted in the Eleventh year of the Reign of King Richard the Second , and another Pardon granted but six years before that present time . And prays that they might be allowed . To which the Duke answered , that for as much as they were unlawfully made , the present Parliament had revoked them . And the said Earl therefore was willed to say further for himself at his peril ; whereupon Sir Walter Clopton , Chief Justice , by the Kings Commandment declared to the said Earl , that if he said no other thing , the Law would adjudge him guilty of all the Actions against him . The which Earl notwithstanding would say no other thing , but required allowance of his Pardons . And thereupon the Lords Appellant in their proper Persons , desired that Judgment might be given against the said Earl as Convict of the Treason aforesaid . Whereupon the Duke of Lancaster , by the Assent of the King , Bishops and Lords , adjudged the said Earl to be Convict of all the Articles aforesaid , and thereby a Traytor to the King and Realm , and that he should be hanged , drawn and quartered , and forfeit all his Lands in Fee or Fee-tail , as he had the nineteenth day of September , in the tenth year of the Kings Reign , together with all his Goods and Chattels . But for that the said Earl was come of noble Blood and House , the King pardoned the hanging , drawing and quartering , and granted that he should be beheaded ; which was done accordingly . But Anno 1 Hen. 4. the Commons do pray the reversal of that Judgment given against him , and restoration of Thomas the Son and Heir of the said Richard Earl of Arundel . Unto which the King answered , he hath shewed favour to Thomas now Earl , and to others , as doth appear . The Commons do notwithstanding pray , that the Records touching the Inheritance of the said Richard Earl of Arundel , late imbezelled , may be searched for and restored . Unto which was answered , the King willeth . And their noble Predecessors in that Honourable House of Peers , the Lords Spiritual and Temporal in Parliament long before that , videlicet , in the fifth year of the Reign of King Edward the Third , made no scruple or meet point or question in Law , whether the power of pardoning was valid and solely in the King after an Impeachment of the Lords in Parliament , when in the Case of Edmond Mortimer , the Son of Roger Mortimer Earl of March a Peer of great Nobility and Estate , the Prelats , Counts , Barons , & autres gentz du Parlement , did in full Parliament , as the Record it self will evidence , Petition the King to restore the said Edmond Mortimer to his Blood and Estate which were to remain unto him after the death of his said Father , to whom it was answered by the King in these words ; Et sur ce nostre Seigneur le Roi chargea les ditz Prelats , Countes ▪ & Barons en leur foies & ligeance queux ils lui devoient & de puis ce que le Piere nostre Seigneur le Roi que ore est estoit murdre per le dit Counte de la Marche & person procurement a ce quil avoit mesmes comdevant sa mort que eux eant regarda le Roi en tiel cas lui consilassent ce quil devoit faire de reson audit Esmon filz le dit Counte les queux Prelats , Countes , Barons & autres _____ avys & trete entre eux respondirent a nostre Seigneur _____ le Roi de Common assent que en regard a si horrible fait comme de murdre _____ de terre & lour Seigneur lige quen faist unques me avoient devant en leur temps ne nes devant venir en le eyde de dieu quils ne scavoient uncore Juger ne conseiller ceque serroit affaire en tiel cas . Et sur ce prierent a nostre Seigneur le Roi quils poierent ent aver avisement tanque au prochein Parlement la quelle priere le Roi ottroia & sur ce prierent outre que nostre Seigneur le Roi feist au dit Esmon sa bone grace a quoi il respond quil lui voloit faire mes cella grace vendroit de lui mesmes . Sir Thomas de Berkeley ( who Sir William Dugdale in his Book of the Baronage of England , found and believes to have been a Baron ) being called to account by the King , for the murder of his Father King Edward the Second , to whose custody at his Castle of Barkeley , he was committed , not claiming his Peerage , but pleading that he was at the same time sick almost to death at Bradely , some miles distant , and had committed the custody and care of the King unto Thomas de Gourney & William de Ocle ad eum salvo custodiendi , and was not guilty of the murder of the King or any ways assenting thereunto Et de illo posuit se super Patriam , had a Jury of twelve Knights sworn and impannelled in Parliament who acquitted him thereof , but finding that he had committed the custody of the King to the aforesaid Thomas de Gournay & William de Ocle , and that the King extitit murderatus , a further day was given to the said Sir Thomas de Berkeley de audiendo Judicio suo in prox . Parliamento , and he was in the interim committed to the custody of Ralph de Nevil Steward of the Kings Houshold . At which next Parliament Prierent les Prelatz ▪ Countes & Barons a nostre Seigneur le Roi on the behalf of the said Sir Thomas de Berkeley , that he would free him of his Bayl or Mainprize , whereupon the King charging the said Prelats , Counts and Barons to give him their advice therein : Le quel priere fust ottroia & puis granta nostre Seigneur le Roi de rechef a leur requeste que le dit Mons'r Thomas & ses Mainpernors fusseient delivres & discharges de lure mainprise & si estoit Jour donne a dit Thomas de estre en prochein Parlement , which proved to be a clear Dismission , for no more afterwards appeareth of that matter . Neither after a fierce Impeachment in the said Parliament of 21 R. 2. against Thomas Arundel Archbishop of Canterbury and Chancellor of England , of High Treason , upon which he was by that injuried Prince condemned and banished , when as the Record saith , Les dits Countz prierent , au Roi ordenir tiel Jugement vers le dit Ercevesque come le cas demande & le Roi sur ceo Recorda en le dit Parlement que le dit Ercevesque avoit este devant lui en presence de certeines Seigneurs & confessor que en la use de la dite Commission il sey mesprise & lui mist en la grace du Roi surquoi , the Judgment was given against the said Archbishop , that he should be banished and forfeit all his Lands , Goods and Estate , when in the first year of the Reign of the usurping King H. 4. that Archbishop not tarrying long in Exile , the minds of the Commons became so setled on the prevailing side , there was so small or no opposition made by them against him , as the Duke of York and Earl of Northumberland , and others of the Blood of the said Archbishop of Canterbury did in Parliament pray the King that the said Archbishop might have his recovery against Roger Walden , for sundry Wasts and Spoils done by him in the Lands of the said Archbishoprick , which the King granted , and thanked them for their motion . The Bishop of Exeter Chancellor of England at the assembling of the Parliament , taking his Text out of the Prophecy of Ezekiel , Rexerit unus omnibus , alledging the power that ought to be in Soveraign Kings and Princes whereby to govern , and the Obedience in Subjects to obey , and that all alienations of his Kingly Priviledges and Prerogatives were reassumable and to be Repealed by his Coronation-Oath , Pour quoi le Roi ad fut assembler le Estatz de Parlement a cest faire pour estre enformer si ascun droitz de sa Corone soient sustretz ou amemuser a fin que par leur bon advis & discretion tiel remedie puisse estre mis que le Roi puisse esteer en sa libertie ou poir Comme ses Progenitors ont este devant lui & duissent de droit non obstante ascun ordinance au contraire & ainsi le Roi as Tener , Et les governera , whereupon the Commons made their Protestation , and prayed the King that it might be Inrolled , that it was not their intente ou volunte to Impeach or Accuse any Person in that Parliament sans congie du Roi , And thereupon the Chancellor by the Kings command , likewise declared , That Nostre Seigneur le Roi considerant coment plusieurs hautes offenses & mesfaits on t estre faitz par le People de son Roialme en contre leur ligeance & l' Estat nostre Seigneur le Roi & la loie de la terre devant ces heures dont son People estiet en grant perill & danger de leie & leur corps & biens & voullant sur ce de sa royalle benignite monstre & faire grace a son dit People a fyn quilz ayent le greindre corage & volonte de bien faire & de leure mieux porter devots le Roi en temps avenir si voet & grante de faire & ease & quiete & salvation de son dit People une generalle Pardon a ces liges forspries certaines pointz limitez par le samant la suite al partie forspris cyn quont persones queux plaira au Roi nomer & tour ceux qui serront Empecher en ce present Parlement & dit austre que le dit Roi voet que plein droit & Justice soyent faitz a Chascun de ses liges qui en violent complandre en cest Parlement & ad ordiner & assigner Receivers & Triers des Petitions en cest Parlement . And did in pursuance thereof in full Parliament excuse , the Duke of York , the Bishop of Worcester , Sir Richard le Scroop then living , William late Archbishop of Canterbury , Alexander late Archbishop of York , Thomas late Bishop of Exeter , and Michael late Abbot of Walton then being dead , of the Execution and intent of the Commission made in the Tenth year of his Reign , as being assured of their Loyalty , and therefore by Parliament restored them to their good Name . And it is more than a little probable that the Prelates , Counts and Barons in that Honourable House of Peers in Parliament , did well understand that the King was a fit , and the only person to Petition unto for that Pardon , Discharge or Dismission amounting to a Pardon , and did not think it to be either legal or rational to Petition the People and their Fellow Subjects , upon a supposed incredible and invisible Soveraignty , no man knows when or how radicated and inherent in them . The Decree of the great Ahashuerus that Reigned from India to Ethiopia , over one hundred twenty seven Provinces , whose Laws were holden to be irrevocable , was reversed for the preservation of the Jewish Nation upon the Petition of Queen Esther , and his holding out his Golden Scepter unto her . The unquiet People of Athens now come enough under a Mahometan Slavery , would not again wish for Draco's bloody repealed Laws , without the mercy of a Prince to moderate them according to the Rules of a prudent and discerning mercy . Which made the Goodness and Wisdom of Solomon , so extraordinarily eminent in his determination in the Case betwixt the two Mothers claiming one Child . Neither can a People ever be , or so much as think themselves to be in any condition of happiness when their Laws shall be inflexible and hard hearted , and there shall be no Superior Power to allay the rigidness or severity of them . No Cities of Refuge or Asylums to fly unto , upon occasion of Misfortunes , which God himself ordained for his Chosen People of Israel . And therefore when Juries may erre or play the Knaves , be Corrupt , Malicious or Perjured , and Judges mistaken , our Judges have in their doubtings stayed the Execution until they could attend the King for his determination . Whereupon his Pardons did not seldom ensue , or a long Lease for Life was granted to the penitent Offender , it being not amiss said by our old Bracton , That Tutius est reddere rationem misericordiae quam Judicii , the Saxons in doubtful Cases appealed to God for discovery , by Kemp or Camp , Fight , Fire or Water Ordeal , which being now abolished and out of use , requires a greater necessity of the right use of pardoning ; for Sir Edward Coke saith , Lex Angliae est Lex misericordiae , like the Laws of Scripture wherein Mercy is not opposite unto Justice but a part of it , as 1 John 19. Psalm 71. 2. Jer. 18. 7 , 8 , 9 , 10. Ezek. 33. 13 , 14. and it hath not been ill said , that Justitia semper mitiorem sequitur partem , for it is known that a Judge since his Majesties happy Restoration , who were he now living , would wish he had made a greater pause than he did in a Case near Brodway-Hills , in the County of Worcester or Glocester , where a Mother and a Son were , upon a seeming full evidence , Hanged for the Murther of a Father , who afterwards when it was too late , appeared to be living . And Posterity by the remembrance of Matters and Transactions in Times past , may bewail the Fate of some Ministers of State , who have been ruined by being exposed to the Fury of the People , ( who did not know how or for what they accuse them ) and left to the never to be found Piety or Wisdom of a Giddy , Incensed and Inconsiderate accusing Multitude , and Hurrying on the reasonless or little Wit of one another . And consider how necessary it had been for the pious good Duke of Somerset , in the Reign of King Edward the Sixth to have had his Pardon , when at his Tryal neither his Judges , nor the prevalency of the faction that would have rather his Room than his Company , nor himself could remember to put him in mind to demand the benefit of his Clergy . Or how far it would have gone towards the prevention of that ever to be wailed National Blood-shedding miseries and devastions , which followed the Murthers of the Earl of Strafford , and Archbishop Laud , if their Innocencies had but demanded and made use of his late Majesties Pardon . Or what reason can be found why a Pardon after an Impeachment of a particular Person by an House of Commons in Parliament , or an House of Peers joyning or consenting therewith , should not be as valid and effectual in Law , Reason and good Conscience . As the very many General Pardons and Acts of Oblivion , which have been granted by our Kings and Princes to their People for Extortions of Sheriffs Bayliffs , &c. together with many other Misdemeanours , Grievances and Offences , often complained of in many of our Parliaments , as the Records thereof will witness , whereby they have acquitted and given away as much of their own just Rights and Regal Revenues to their Subjects , than the Aids and Subsidies , which they have Contributed towards his Preservation , and in His their own , when they have not had a King or Prince but hath been , as more especially this our present Sovereign , Piger ad poenas ad praemia velox . FINIS . Notes, typically marginal, from the original text Notes for div A54690-e90 Ll. Canuti . Ll. Edwardi Confessor ▪ p. 19. Ll. H. 1. Rot. Claus. 5 E. 2. indorso , m. 15. Mat. Paris . Rot. part . 50 E. 3. Rot. part . 51 E. 3. Rot. Claus. 51 E. 3. Rot. part . 1 H. 4. Rot. part . 15 E. 3. Rot. part . 5 H. 4. Rot. part . 9. H. 4. Rot. part . 38 H. 6. Rot. part . 28 H. 6. Exact Collection of Remonstrances , Declarations and Messages betwixt his late Majesty and the Parliament , Printed by Order of the Commons in Parliament , 24. March , 1642. Ll. Canusi . Rot parl . 21 R. 2. Pryns 4 part of his Register of Parliament Writs . Prins Animad . upon Cokes 4 Instit. Rot. parl . Cokes 4 part of the Institutes . Cokes 4 part of the Institutes Tit. Parliament . Rot. parl . 7 E. 1. Ll. Canuti , 16. Ll. Inae , 6 1 H. 4. ca. 14. Rot. parl . 28 H. 6. n. 16 , 17. Rot. parl . 5 E. 3. n. 8. 22 R. 2. In the Abridgment of the Parliament Records in English said to be done by Sir Robert Cotton . Rot. parl . 1 H. 4. n. 109. 111. Rot. parl . 5 E. 3. n. 16. Rot. parl . 4 E. 3. n. 16. Rot. parl . 5 E ▪ 3. Rot. parl . 21 R. 2. Esthe● ca. 1 , 3 , 5 , 8. 1 Reg. 3. Bracton . Cokes Instit. 2. 315. 
A47819	----	The character of a papist in masquerade, supported by authority and experience in answer to The character of a popish successor / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. 1681 Approx. 222 KB of XML-encoded text transcribed from 44 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A47819 Wing L1215 ESTC R21234 12681776 ocm 12681776 65670 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47819) Transcribed from: (Early English Books Online ; image set 65670) Images scanned from microfilm: (Early English books, 1641-1700 ; 360:14) The character of a papist in masquerade, supported by authority and experience in answer to The character of a popish successor / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. [2], 85 p. Printed for H. Brome ..., London : 1681. Reproduction of original in Harvard University Libraries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Settle, Elkanah, 1648-1724. -- Character of a popish successour. Great Britain -- Kings and rulers -- Succession. 2003-11 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2005-01 Rachel Losh Sampled and proofread 2005-01 Rachel Losh Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion THE Character OF A PAPIST in MASQUERADE ; Supported By Authority and Experience . In Answer to the CHARACTER OF A POPISH SUCCESSOR . By Roger L'Estrange . LONDON , Printed for H. Brome at the Signe of the Gun in S. Pauls Church-yard . 1681. The CHARACTER of a Papist in Masquerade . THe Character of a Popish Successor were an excellent Piece in the kinde , if it had not too much Sublimate in it ; For I have heard of some people , that , with only holding their Noses over it , but one quarter of an hour , have run stark mad upon 't : And when This Fume has once taken the Brain , there 's nothing in the world , but the Powder of Experience , ( the Remembrance of things past ) to set a man Right again . The Truth of it is , the Authour has made the Figure of his Successour too Frightful , and enormous ; Sawcer-ey'd and Cloven ●ooted ; and when he has painted the Monster as black on the One side , as Ink and Words can make him ; he finishes his Master-Piece with a Paradox , on the Other ; ( Fol. 4. ) by the Supposal of a most Excellent Person , and yet making him the greater Devil for his Virtues . His Fortitude ( he says ) makes him only the more Daring in the Cause of Rome ; his Justice makes it a Point of Conscience to deliver us up to the Pope ; his Temperance , in the Government of his Passions , makes him the more close and steady ; and his Prudence crowns the Work , by the assistance it gives him in the Menage of his Policies and Conduct : And so he goes on . Wbat booss it ( says he ) in a Popish Heir , to say , he 's the Truest Friend , the Greatest of Hero , s , the best of Masters , the Justest Judge , or the Honestest of Men ? All meer treacherous Quicksands for a people to repose the least glimpse of Safety in , or build the least hopes upon . This is fairly push'd , I must confess , but 't is only a cast of his Rhetorique : For every body knows , that all Christian Princes thus Qualify'd , and under Articles of Treaty and Agreement , keep touch , even with Infidels ; nay , and Infidels with Christians . Before I go any further , let me recommend to the Reader , one Remarque , as a thing worthy of his Attention : He cuts all the way upon the Successor , as presupposing him to be a Papist , and consequently ` Dangerous , and Insufferable , by reason of That Perswasion . And very magisterialy he gives us his own bare word for the dangers of that Perswasion . Why does he not rather tell us in express and particular Terms , These and These are the Principles of the Church of Rome ? and then make his Inference , from those Principles to the Dangers that attend them ; and so leave the unbyass'd part of the world to judge of the Congruity and Proportion betwixt such Causes and such Effects ? For His dilating himself thus at random upon his Character , and striking so point-blank at the Rescinding of the Succession , makes men apt to imagine , that his Pique may be rather to the Person , then the Religion . It will behove me , in this place , to inform the Reader , that I do not charge him for not producing the dangerous Principles of the Papists ; as if I thought there were no Instances of that Quality to be given : ( For I am better acquainted with their Ecclesiastical Politiques , then so . ) But the true Intent of my Quaere upon that Objection , was to shew the Authours Prudence in reserving himself upon those Particulars : For if he had said , Behold ! Th●se are the Positions of the Church of Rome , and they are not to be endur'd in any Government ; I should have ask'd him presently , How comes it then that you your self , under the Colour of Rooting out Popery One way , are Planting it Another ; and Erecting the very same Pestilent Positions that you condemn ▪ Insomuch , that while you would be thought zealous to Abolish the Name of Popery , you are no lesse zealous ▪ to Establish the Doctrine of it ; Whereof , at leisure . The suddain bolting out of this Phantôme from behinde the Hanging , may so far serve a present turn , as to startle , and surprise the undiscerning Vulgar : Yet , when , upon Second ▪ and Recollected thoughts , this Mormo shall come to be examin'd , and taken to pieces ; the very multitude themselves , that were affrighted at the Apparition , will be asham'd of the Imposture . The thing that I would say , is this ; that the Truth is somewhat too much Hyperboliz'd , in a Declamatory Torrent of Words , and Exuberance of Phansy , without any one Concluding and Convincing Period . If Apollo had been of Counsell with the Authour , he would have advis'd him to the Moderating of his Character , as he does Olaus Magnus , in Boccalini , to moderate the Greatness of his Northern Eagles , that prey'd upon Elephants ; as being a very Extraordinary thing for a Bird to trusse an Elephant , and fly away with him . ( which is , perhaps , the more Venial Excess of the two . ) It is one of the greatest Indignities that can be put upon the simplicity of a Just Truth , the dawbing of it with Embrodery and Flourish , and the over-doing of it . If Little Epictetus had been at his Elbow , he would have minded him , that some things are in our our own Power , and others are not so ; and that the subject matter of his Discourse being wholly out of His Cognizance , he might have done well to have left the business of the Succession to the Ordering of Gods Providence . This is a Subject ( I know ) that whoever touches upon it , treads upon Burning Coals ; and there must be great Caution , as well as Innocence , to carry a man through this Ordeal : For who shall dare to Dispute the danger of a Popish Successor ? But so far am I from undertaking that Province , that I 'le compound the matter with him beforehand ; and take all his suppositions of Difficulties and Hazzards in the Case , for Granted . But then I must distinguish betwixt the unhappy circumstance of being under the Allegeance of a Prince of that Perswasion , who is actually in the Possession and Exercise of his Power , and the remote Possibility only of that Danger ; and a Possibility too of such a condition , as a thousand things may intervene , to prevent it : As the Contingences of Issue , Survivorship , &c. and at the Worst , this dismal apprehension amounts , at last , but to the Contemplation of a Prince of That Communion , in a Parenthesis , betwixt a Predecessor , and a Successor , of the Reformed Religion . Not but that I am as much against the Principles , and Practises of the Church of Rome , wherein the Church of England hath dep●rted from that Communion , as any man living , that keeps himself within the compass of Christian Charity , Humanity , and good Manners . And so far , I shall heartily joyn with the Compiler of the Character , by a previous Concession of the Inconveniences ( as I have said already ) that may arrive , by reason of that Religion . But then I must take this Consideration along with me . That First ; there are many Dreadfull Dangers , which we cannot avoid , but by incurring Greater . As the Leaping of a Garret-window , when the Fire has taken the Stair-Case ; which is only a prudent Election ( under a Calamitous Necessity ) of the less evil of the Two. Now the same Action , which would have been a madness Without that necessity , becomes an Act of Prudence , With it ; the great danger of the Leap being warranted by the greater danger of the Fire : And there must likewise precede a Deliberation upon the difficulties Both ways , to justifie the Resolution : For otherwise at the best , a man does well but by chance . Now it would have been fair play , in the Character-writer , if he had candidly Ballanc'd the matter , and told us , This is the danger One way , and That Another . Secondly , It happens , many times , that we have no other Choice before us , but either to suffer the Highest Degree of Misery , that can befall us in this world ; or else , to Prostitute our Souls , for the saving of our Skins , and Fortunes . Now under such an Exigent as This , let the Prospect of things be never so Terrible , we are to oppose , the Duties of Christians , of Subjects , and of Honest men , to all hazzards whatsoever ; and patiently to endure whatever we cannot , with Conscience , and Honour , either Resist , or Decline : according to the Practise of the Primitive Martyrs , who witnessed their Profession with their Bloud , as Christians ; and Submitted , as Loyal Subjects , without Resistance . So that we are not to govern our selves by a Naked Speculation of the Perils that we are to encounter , and the Means of avoiding them ; without enquiring into the Consistency of those means with the Measures of Conscience and Duty . But there is one Main point yet behind ; which is in effect the very Hinge of the Controversie . And this is it . If there shall be any thing sound in this Character of a Popish Successour , that shall either operate upon the Legal Constitution of the English Monarchy , or Reflect Personally upon the Honour , or Justice of his Majesty now in Being ; the Pretext of the Succession will be look't upon only as a Stalking-Horse to Countenance an approach to some further Design : In which Case , the Question will not be any longer the Religion of a Successour , but the very Right it self of Kingly-Power . And here I must expound my self once again ; that I Speak only to the Anonymus Character of a Popish Successour , without the least Reference to any Publique , and Authoritative Debates , or Counsels . And so I shall proceed , ( in the First place ) to the Character of a Papist in Masquerade . The Church of England , and the Members of it , are beset with two Sorts of Papists ; the One , bare-Fac'd , the Other dress'd up in several shapes of Disguise : And we pass for Heretiques , on the One hand ; and Papists in Masquerade , on the Other . By this Opposite Conjunction of two Interests , ( which , ( however Divided in Name , and Pretense ) are yet United against us in a Common Principle of Contradiction and Aversion : ) The Church of England is both Weaken'd , and Defam'd ; the Glory of the Reformation blasted ; and the great Support of the truly Apostolical Cause , Vndermined . Betwixt These Two Enemies , our Persecuted Church is crush'd almost to Pieces ; and well-nigh brought to the Agony of her Last Convulsions . And this Calamity is not wrought so much by the Bare-fac'd Papists , that march Publiquely under the Popes Banner , owning their Cause , and making their Attacks in View ; not so much by Th●se , ( I say ) as by the Papists in Masquerade , that work under-ground , like Moles ; and , fall in upon our Quarters , under the Semblance of Friends , with our own Word and Colours . It has been a great part of the businesse of the Presse , to set forth the Bare-fac'd Papist to the Life , and to affect us with a Just Indignation for the Principles of the Jesuites : So that I shall not cloy the Reader with Redun●ances ; especially since the Composer of the Character has been pleas'd to Harangue so copiously upon that Subject : But rather apply my self to the Counter-Part of these Jesuits ; and to obviate the Practises of our False Friends , as well as of our Profess'd Enemies . The Kings Witnesses have abundantly manifested to the World , the Restless Endeavours of Rome , and its Emissaryes , for the Subversion of our Religion , and Government ; and how far they contributed to the Rebellion of Forty One ; and to the carrying of it forward thorough all the Succeeding changes , and Revolutions , even to the bringing of his Sacred Majesty to the Scaffold . They have further also Deposed to the Contrivances of the same Party , for the prosecuting of the same Design upon the Person of his Sacred Majesty that now is ; and upon our Government and Religion , as by Law establish'd : And laid open to the world , both the Method of their Proceedings , by masquing themselves under the Appearance of Presbyterians , Independents , Quakers , Millenaryes , and the like ; as also the very Names of several of their Missionaryes , that have been expresly employ'd upon the disposing of the People to Tumult and Sedition . This is so certain a Truth , that it will not bear a Dispute ; beside that it stands with Reason too ; for they do all cover themselves under an Alias ; and a Presbyterian , an Independent , &c. alias a Papist , Sounds every jot as well , as Captain Williams , alias Captain Bedloe . I am not willing to charge my Paper , in a Case so Clear , and Confess'd , with unnecessary Instances : Wherefore I shall content my self with only Two out of many . ( the Former out of Ravillac Redivivus ( Pag. 41. ) If Father Brown the Jesuit , ( says the Author ) that Preach'd so many years among the Field-Conven●iclers in Scotland , had Penn'd Mitchel's Justification of himself , upon his Execution , for an Attempt upon the Person of the Arch-Bishop of St. Andrews , it could not have savour'd stronger of the Society of Jesus , or become such an Authour better then it doth . This same Brown ●oasted upon his Death-bed , at Ingeston briggs , that he had Preached as Downright Popery in the Field Conventicles , as ever he had Preach'd in Rome it self . The Other Instance is , of one Faithfull Commin , a Dominican Frier in the 9th . of Q●een Elizabeth ; who was a Person generally reputed a Zealous Protestant , and much admir'd and follow'd by the People , for his seeming Piety ; but more particularly , for inveighing in his Pulpit against Pius Quintus Then Pope . He was accused upon Oath ; before the Queen and Councill for an Impostor , and a Sower of Sedition ; and Arch Bishop Parker took his Examination , ( Foxes and Fire-brands , Pa. 7. ) Commin insisting much upon his Bitterness exprest against the Pope , for his Justification . He got out of England afterwards by a Trick ; and , with one Farewell Sermon , 130 l. for a Viaticum . Not long after , he was clapt up at Rome for Reviling the Pope , and the Catholique Church . But he Pleaded for himself , that he had done his Holiness , and the Church considerable Service ; for , by Preaching against Set-Forms of Prayer , and calling the English Prayers , English Masse , he put them upon the Humour of Extemporary Prayer ; which took so much with the People , that they were come to hate the Church of England as much as the Church it self hated the Mass. Whereupon , the Pope gave him a Reward of Two Thousand Duccats for his Pains . The matter of Fact is sufficiently clear'd , and the Practise too Notorious to be deny'd ; As to the Influence that these Papists have ( under the notion of Dissenting Protestants ) upon the Unity of the Church , and the Peace of the State. But the Craft ( as they say ) lyes in the Catching of them : For the Test of Oaths will never do the Business , as we have found by their Swearing to so many Contrary , and Inconsistent Purposes , and Interests , throughout the whole Course of our Late Troubles . So that we have no other way left that I can Imagine , of knowing a Disguised Jesuit from one that calls himself a Dissenting Protestant , but by comparing their Principles ; which would infinitely conduce to the Credit , and Advantage of the Conscientious sort of the Divided Party . And without such a Test of Discrimination the Project of Uniting Dissenters seems to be utterly Impracticable ; unless to the Extream Hazzard of Authorizing the most pernicious sort of Popery , and Incorporating a Jesuitical Leaven into our very Constitution ; according to the Method which Mr. Coleman himself had projected , as the most probable Expedient for the Introducing of Popery into this Kingdom . The Removal of this Difficulty will open a way to a General Accomodation ; to the Common Security both of our Religion , and Government . And this is only to be done by applying the Maxims of those that we suspect here for Jesuits , to the Standard of those Detestable Principles which we so much abominate in the Church of Rome . And where ever we find any Party , of what Denomination soever , that pretends either to Erect an Interest , or to support a Claim , upon the same Foundation ; it is but matter of Common Equity , to presume , and to conclude that Party to be acted and directed by a Jesuitical Spirit . These Positions I shall Confront with a Counter-Part ; of which further in its proper place . But in my way to 't , I shall now pass to the Character it self . The CHARACTER , &c. IT has been my Fortune to be a Subject and a Native of that part of the World , where almost three years last past I have scarce heard any thing , but the continual Noyse of Poper● and Plots ; with all the clamorous Fears of a Jealous Kingdom about my ●ars : And truly , I must plainly confess , I am not so Ill a Common-Wealths-ma● ▪ but that I am glad to see my Country-men disturb'd in a Cause , where Religion , Liberty , and Property , are at Stake . Fol. 1. Here●s the very Bourdon already of that Fatal Remonstrance of the State of the Kingdom , Dec. 15. 42. and only a short Paraphrase of the Preface to it . God blesse us from the Omen . The malicious D●signs of the Popish Party , the hazzard of Religion and great prejudice and Oppression of the Laws of the Kingdom , and just Liberty of the People . Exact Collections Pag. 2. That which follow'd upon this Popular Introduction did sufficiently evidence the Design . You shall see now how Pat this Prologue runs Another way ; Mutatis Mutandis . It has been my Fortune ( let Me say too ) to be a Subject , and a Native where the Noise of Popery and Plots ; Jealousies and Fears ; and Affrights about Religion , Liberty and Property , as if All lay at Stake ; brought a pious and a Protestant Prince to the Block ; prostituted the Honour , Dignity , and Revenue of the Government , Ecclesiastical and Civil , to a Band of Seditious and Sacrilegious Usurpers . Our Temples were Demolish'd ; our Al●ars Profan'd ; the Priestly Office Invaded by Mechaniques ; Swarms of Heresies , , and a Scandalous Schism , in Exchange for Purity and Unity of Religion . Of a Free-born People we became worse then Turkish Slaves ; Our Common-Wealths-men were glad also to see us Disturb'd ; and who but our Pretended Advocates , and Patriots , to be our Tyrants , and Tormentors ? Char. But if their Jealousyes are Just and their Fears Prophetique , in Gods name let them talk . Every man ought to be so far from silencing any Reasonable Murmurs , that 't is rather his Duty to bear a Part in a Choire so Vniversal . And if we s●e the Great and Wise-men of our Nation , like True English Patriots , struggling , and toyling to prevent our Threatning Calamities , let us take delight to behold them Restless , and Vneasie ; Rolling about our Troubled Sea like Porpoises against a Tempest , to forewarn us of an Approaching Destruction . Ibid. Let them talk on ; ( says he ) just to the Tune of Forty Two again . God forbid ( says Mr. Pym ) that We should dishearten our Friends , who come to assist us . And this was , when Ven and Manwaring forc'd the Passing of the Bill of Attainder in the Lords House , by Tumults , against the Earl of Strafford ; and his Sacred Majesty little better then Besieg'd in his own Palace , by the Rabble . What a blessed Harmony was there then among the Porters , Car-men , and Well affected Brethren in the Lobbyes , crying out with one Voice , no Bishops ; no Rotten Peers ; no Common-Prayer ; while the great and wise men , in their Generation were Struggling , and Toyling , to Pack Parties , Contrive Invectives against Authority ; perplexing the Multitude with Scruples , enflaming of Passions , and rolling about like State Porpoises , not as a Forewarning , but the Foreboding of a Tempest . Char. But amids our Evident Danger , we see another sort of People dayly flattering and deluding us into a False and Fatal Security . And sure none are so little our Friends , or indeed so void even of Humanity it self , as those who would lull us asleep when Ruine is in View . Ibid. There are some indeed , that after Open Rebellions in Scotland , horrid Assassinates , Anathema's Denounc'd against his Majesty , Declarations point blank against his Person and Government ; with an Indissoluble Confederacy of Brotherly Union in our own Bowels too , by virtue of that Magical Seal of Reprobation , the Diabolical Covenant ; there are some I sa● , that after all these Acts and Demonstrations of Violence , and Conspiracy , will yet bear the World down that the believing of our eyes is the shamming of the Plot ; and that there 's no Fear at all of a Storm from that Quarter . As if a Jesuitical Practice or Principle , were Consecrated in the Heart , or Shape of a Presbyterian . But ( says he ) since Zeal and Hypocrisie , Naked Truth , and Artificial Falshood , have oftentimes alike Faces ; I cannot but think it the Duty both of a Christian , and an English-man , to unravel the Treachery of those Arguments which they raise to destroy us . But since Zeal , and Hypocrisie , &c. are so alike , that we have seen Sacriledge , and Heresy pass upon the People for Reformation ; Rebellion for Loyalty ; Perjury , Blasphemy , and Murth●r , for Religion ; Regicide for the way to make a Glorious King , Bondage for Freedom , Rapine for ●ropriety ; the King 's , the Churches , and the Peoples Enemies , for their Friends : what can a man do better then to Unmask this white Devil , and expose the Cloven-Foot of this Angel of Light to the View of the Nation ? Char. As First , ( Says my Authour ) why should we stand in fear of Popery , when in the present Temper of England 't is impossible for any Successour whatever to introduce it . And First , ( say I too ) what fear of Phanaticism , and a Common-wealth , under the present Settlement of Episcopacy and Kingly Government ? Char. And next , amids our groundless Fears , ( says the Anthor of the Character , by way of supposal ) let us consider what that Prince is that appears so dreadful a Gorgon to England . A Prince that upon all Accounts has so Signally ventur'd his Life for his King and Country ; a Heroe of that faithfull , and matchless Courage , and Loyalty : A Prince of that Vnshaken Honour and Resolution , that his Word has ever been known to be his Oracle , and his Friendship a Bu●wark whereever he vouchsafes ●o place it ; with such an infinite Mass of all the Bravery and Gallantry that can adorn a Prince . Why must the Change of his Religion destroy his Humanity ; or the advance to a Crown , render his Word or Honour lesse Sacred ; or make him a Tyrant to that very people whom he hath so often , and so chearfully Defended ? Why may there not be a Popish King with all these Accomplishments , that whatever his own Private Devotions shall be , yet shall Publiquely maintain the Protestant Worship , with all the Present Constitution of Government , Vnalter'd ? And next , ( say I ) let us consider those Covenanting , and Republican Spirits that appear so dreadfull to us ; a Party that so signally ventur'd their Lives ●or the King● Authority in the Two Houses against his Person in the Field ; nay of that matchlesse Courage and Loyalty , that they hazzarded their Souls , as well as their Bodyes , to make him a Glorious Prince , by sending him to Heaven before his time : A Party of that unshaken Honour , and Resolution , that their words were Oracles , their Protestations , Oaths , and Covenants ever bearing a double and an equivocal meaning ; their Friendship a Bulwark , only the Guns were turn'd upon all that ever Trusted them : And of so great Bravery , that they charged thorough Heaven and Hell ▪ without Fear either of God or Devil ; and trampled under foot all Laws both Divine and Humane , for the Accomplishing of their Ends. 'T is true , that of Papal , they are become Phanatical Jesuits , and why should the Change of their Profession , now , destroy their Nature ? Or their word and Honour be lesse Sacred , if they get the Power into their Hands once again , then we have formerly found it ? They eas'd us of our Laws , Lives , Liberties , and Estates ; and why should they become Tyrants Now , that were so Mercyfull to us before ? Why may they not be such Covenanters and Common-wealths-men , as , whatever they be in Private , will yet in Publique maintain the Monarchy , and Episcopacy , unalter'd ? Especially after that famous Instance of their Indulgence to his Majesty at Holdenby , when they kept him a Prisoner , without Allowing him the Benefit so much as of a Chaplain or a Common-Prayer-Book . And now he proceeds . Char. But alas ! what signifie all the great past Actions of a Princes Life , when Popery has at last got the Ascendent ? All Virtues must truckle to Religion ; and how little an Impression will all his Recorded ●lorys leave behind them , when Rome has once Stampt him Her Proselyte ? But since unlikely things may come to passe , let us seriously examine how far the Notion of such a Popish Successour consists with Reason . ( Fol. 2. ) Alas , Alas ! What are the Good-Old-Cause-men the better for their Crown and Church-Lands , Sequestrations , Plunders , Decimations , Directories , Classical & Congregational Presbyterys , when Monarchy and Episcopacy have at last got the Ascendent ? All Virtues must Truckle to Religion ; as they did , when Rebellion , Sacriledge , Oppression , and Murther , were hallow'd and Authorized in the Pulpit , for the Propagation of the Gospel . But since unlikely things may come to pass , ●●t us see how far the Notion of a Phanatical Popery consists with the Discipline and Government by Law establish'd . Char. ( Fol. 2. ) If to maintain , and defend our Religion 〈◊〉 any more then a Name ; it is in possible for any man to act the true Defensive Part , without the Offensive too : And he that would effectually uphold the Protestant Worship , Peace and Interest , is bound to suppress all those potent and dangerous Enemies that would destroy them ; for all other Defense is but Disguise , and Counterfeit . The States-men of Forty One that defended the Protestant Religion with Sword and Cannon ; and our Liberties , Properties , and Persons , at the same rate ; were extreamly well read in this Offensive way of Defence . And our Authour is much in the Right , that the way to uphold it , is to suppress those that would destroy it . That is to say , to suppresse those that enter into Protestations , Oaths , and Covenants , against Episcopacy , Root and Branch . All other Defence ( as he says ) is but Disguise and Counterfeit . The Remonstrants of Forty Two declar'd it to be far from Their purpose to let loose the golden Reins of Discipline , and Government in the Church ; which was only a Political Cheat ; ( as it is here expounded ) for our Churches were turn'd into Stables , our Clergy hunted like Partridges in the Mountains , our Pulpits Stuff'd with Blasphemy , and Blew Aprons ; and in the Conclusion , a hundred Heresyes let loose among us , for one Orthodox Religion . Char. Fol. 2. If then the Wisdom of several Successive Monarchs , with the whole Nations Vnanimous Prudence , and indefatigable Care for the Protestant Preservation , has determin'd that those Papist Priests who have sworn Fealty to the See of Rome , and taken Orders in Foreign Seminarys , are the greatest Seducers of the Kings liege People , and the most notorious . Incendiaries , and subverters of the Protestant Christianity and Loyalty ; and for that Cause their several Laws declare them Traytors ; by Consequence , these are the Potent and dangerous Enemies , which in defense of the Protestant Cause , this Popish King is oblig'd to suppress and Punish ; and these the very Laws he is bound to Execute . Fol. 2. As the Wisdom of Successive Monarchs has provided for the Protestant Preservation , by necessary Severitys against known Priests and Jesuits , on the One hand ; so have they likewise on the Other hand , against Separatists of another Denomination , where we find the same Principles couch'd under other Names . And these are a kind of Protestant Jesuit . The Pope Deposes Heretical Princes ; the Fanatique Deposes Popish ; And as Ill manners produce Good Laws ; the Lewd Practises on Both hands put the State upon Provisions that look both Ways . The Schism here among us brake loose but once since the Reformation . And what a Deluge of Hypocrisy , Bloodshed , Oppression , Athiesm , and Prophaneness flow'd in upon it ? But that we may not Cavil upon the Word Protestant ; let the Law expound it ; which does expressly provide for the securing of Conforming Protestants against the danger of Dissenters . So that we have Potent Enemies ( it seems ) on both sides . Now if a Phanatique Interest should get Head , it is as improbable on this side , as it is on the Other ; that they should agree to Suppresse Phanaticism , in Favour of Episcopacy , and put the Laws in Execution against themselves . Or would they not rather 〈◊〉 us over again with Plunders , Imprisonments , Vows , Negative Oaths , Abjurations , as they did before ? Char. And though perhaps , till the Discovery of the late Plot , for several Ages , we have not seen that Severity inflicted on Popish Priests , as the Laws against them require : And why ? Because the flourishing Tranquillity of the English Church under this King , and his Fathers Reign , render'd them so inconsiderable an Adversary , that the natural Tenderness of the Protestant People of England not delighting in Blood , did not think it worth their while , either to detect , or prosecute them ; and therefore has not made them the Common marque of Justice . Fol. 2. 'T is True , that , till the Discovery of the Late Plot , the Laws against Priests and Jesuits have not been put in Execution to the Utmost Rigour . But he is much mistaken certainly in the Reasons he gives for that Lenity , and Moderation . Does he call it the Tranquillity of the English Church , &c. when for eighteen years together the very Form , Discipline , and members of it Suffer'd a more then Pagan Persecution ? And then , does he make the Popish Party so Inconsiderable , that was able to move such Broyls and Confusions ; ( which the Kings Wittnesses declare with one mouth to have been the work of the Jesuits . ) and Finally , to accomplish their Devilish End in the Bloud of the best of Kings , and the most Faithfull of Subjects ; the ens●aring of the ●reest and the Happyest of People ; and the total Subversion of a most glorious Church and State ? And we are now again at this Instant upon the very Steps of the Preface to our Late Troubles , and in a fair way to that blessed Condition of Tranquillity , whereupon the Penner of the Character passes so notable a Remarque . This was the Tenderness ; and the Protestant People he speaks of , were the Instruments of our Desolation . Which ; ( as the Oracles of our Age , do abundantly enform us ) were only Jesuits of another Colour . It is worth a note , that still as the bare-fac'd Papist has attaqu'd us one way , the Papist in Disguise falls to Sapping and undermining of us Another ; and both of them equally contributing to our Destruction . Char. But under the Reign of an English Papist , when the Fraternity of Religion shall encourage the Pope to make his working Emissaryes ten times more Numerous ; when , if not the hope of publique Patronage , yet at least their Considence of Private Indulgence , Connivence , and Mercy , emboldens the Missive Obedience of his Jesuitical Instruments , whilst the very name of a Popish Monarch has the Influence of the Sun in Aegypt , and dayly warms our Mud into Monsters ; till they are become our most threatning and most formidable Enemyes . And if ever the Protestant Religion wanted a Defender , t is then . If the Word , Honour , or Coronation Oath of a King be more then a Name , 't is Then , or never , he is oblig'd to uphold the Protestant Interest , and actually suppresse its most apparent and most notorious Enimies . Ibid. I do here make this publique Profession to the world , that I have as little minde to be under the Reign of an English Papist , as any mortal ; and I would do all that I could justifie , as a Christian , and an Honest man , to avoid it . But since so it is , that I can no more chuse my Governour then my Father , and that I may as well renounce the One , upon the score of Religion , as the Other ; I am resolved to pay the Duty of a Subject to what Prince soever Almighty God , in his Over-ruling Providence , shall be pleas'd to set over me ; and , at the worst , patiently to suffer , where I cannot conscienciously Obey . It is a remarkable Chapter , that of the Prophet Jeremy , where God doth not only stile Nebuchadnezzar ( the King of Babylon ) his Servant , but over and over inculcates Obedience to him . Hearken not you ( says the Text , v. 9. & 10. ) to your Prophets , nor to your Diviners , nor to your Dreamers , nor to your Inchanters , nor to your Sorcerers , which speak unto you , saying , you shall not serve the King of Babylon ; For they Prophesie a Lye unto you : to remove you from your Land , and that I should drive you out , and you should perist . And then , v. 15. I have not sent them , saith the Lord , yet they Prophesie a Lye in my Name , &c. Now to proceed . I shall not dispute the Consequences of his Supposition , the One way , if he will but allow the same Consequences to lye as fair for my purpose , the Other . Will not a Scottish Fraternity of Papists endanger England , as well as a Romish ? Have they not already given proof of their Conspiracy by their Actions ? ( But I hope God will preserve his Majesty from an Axe , on the One hand , as well as from a Dagger , on the Other . ) And have not the Kirk-Iesuits their Emissaries , as well as the Society ? See The Spirit of Popery ( a Book written with great Judgement , Sobriety , and Caution ; and Addressed to the English Dissenters ) Fol. 7. There was a Project of a Jesuitical Nature , attempted by some of your Principals , about four or five years ago , when some of your Ministers , and Others , Caball'd together a●out reducing the Presbyterians ( whether over England only , or over all the Three Nations , I do not well remember ) into the same sort of Policy by which the Jesuites are governed over all the World. The Nation was to be Divided into Districts or Provinces ; every District was to have its Provincial ; and over all the Provinces was to be appointed one General , to reside constantly ( as I remember ) in London ; and the First who was to have the Honour of that Office ( like the Founder of the Jesuites ) had been a Soldier , and a great Malefactor , and is also fit to be a General of an Army , and presided in that Consult . He is a Gentleman whom you all know , and makes a great part of a late Narrative , wherein the Impudent Narrator Implicitely calls you the most sober and considerable Protestants of the Land. The Provincials , in their several Districts , were to take an account of the Growth or Decay of the Party ; to note their Friends and Enemies ; to receive their Contributions , and give an Account of all to the General ; who was to supervise for the good of the whole . This account , with which I am confident I do not surprize some of you , was told me upon condition of Secresie , by a very honest and peaceable , but rigid Presbyterian Minister , our Countryman , who having got notice of the Consult , brake it in the beginning , by telling the Projectors how he abhorred it , and threateni●g to discover it , if they did not desist ; [ observe here , that this Presbyterian Minister , though a Rigid one , refused to joyn in so Jesuitical a Project . ] He told me also , that he believed the Project came first from the Designed General , who intended by that means to raise his broken Fortunes ; which , if he had accomplish'd ▪ he might easily have done . And to do his Memory Justice , he told me this Story with very great In●●ignation ; the Substance of which , as I shall answer for it to God at the day of Judgment ) I have faithfully related ( to the best of my memory ) upon the Faith of a Christian man. Now to 〈◊〉 his Point ; will not the very Name of a Republican R●formation , which is at Present become the Theme of every Pamphlet , warm Our Mud into Monsters again ; and raise Coblers and Tinkers to Colonels ; Draymen , and Thimble-makers to be Kings Judges ? Wherefore Now or Never is his Majesty oblig'd , if his Word , Honour , or Coronation-Oath be more then a Name , ( if I may be pardon'd for speaking my Authours words after him ) to uphold the Protestant Interest , which now lyes a bleeding in this Cause of the Church ; One Branch of the Coronation Oath being as follows . I will preserve and maintain to You ( the Bishops ) and the Churches committed to your charge , all Canonical Priviledges , and due Law and Justice ; and I will be your Protector and Defender , to my Power , by the Assistance of God , as every good King in his Kingdom , ●n right ought to protect and defend the Bishops and Churches under the●r Government . Then the King ariseth and is led to the Communion Table , where he makes a Solemn Oath , in sight of all the People , to observe the Premises ; and laying his hand upon the Book , saith , The Oath . The things which I have before promised , I shall perform and keep : So help me God , and the Contents of this Book . Char. But let us suppose we may have such a Roman Catholique King , as shall discountenance Pope , and Popery ; Cherish Protestantism , and effectually deterr and punish all those that shall endeavour to undermine and supplant it : And then let us examine what This King thus qualify'd must do . Fol. 2. Here is a Supposition fairly propounded , in appearance ; but yet , without Expounding himself upon the Wor●d Protestantism , there 's no coming to an Issue upon 't . If he means by Protestantism the Opions of the Outlyers that have leapt the pale , and which are rather Phansies , then Perswasions ; the Law it self animadverts upon those people , as the Underminers of our Ecclesiastical Establishment ; And his Discountenancing of Separatists will amount to no more then a Legal Discharge of his Office. But if by Protestantism he intends a practical Conformity to the Orders of the Church , the Law provides as well for the upholding of the One , as the suppressing of the Other . And it would be a strange Oversight for any Prince that should mount the English Throne under the disadvantages of that Perswasion , to put his Perogative upon the stretch of Enacting , or Abrogating Laws , without the Consent of his Parliament . Char. First then , In continuing the Ecclesiastique Jurisdiction , Honours and Preferments , in the hands of the Protestant Clergy ; he must confer his Favours and Smiles , on those very men , whom ( by the Fundamentals of his own Vncharitable Perswasion , which dooms all that dy out of the Bosom of the Romish Church , to a certain State of Damnation ) he cordially believes , do preach and teach , and lead his Subjects in the direct way to Hell. And next , at the same time he must not only punish and persecute , but perhaps emprison and hang , those very only Righteous men , whom from the bottom of his Soul he believes can only open them the Gates of Paradice : whilest in so doing he cannot but accuse himself of coppying the Old Jewish Cruelty . Nay in One respect , he outgoes their Crime ; for he acts that Knowingly , which they committed Ignorantly . For by the Dictates of Religion he must be Convinc'd , that in effect he does little lesse then save a Barabbas , and Crucify a Jesus . Fol. 3. Here is First , presented a dismal Prospect of a Popish Successour , in the Life of a Protestant Prince ; and the present Government of that Protestant Prince troubled and distracted with Clamours and Jealousies , for fear of a Popish one to come . If Religion were really the business , they would rather blesse God for the Peace and Happiness they enjoy ; and wait his further Pleasure with Thankfullness , and Resignation , then with Murmuring , and Distrust , to anticipate Future Evills , and Prejudge Providences to come . Or if Religion were All ; what 's the meaning of their hammering so much of late upon the Subject of Arbitrary Power , and so many Models and Projects of a Common Wealth ; which were the very Method of our late Usurpers ? as to matter of Arbitrary Power ; the King has pass'd away so many Concessions already for the gratifying of his Subjects , that if he had it in his Will , his Majesty has not left it in his Power to be guilty of that which is so ungratefully Charg'd upon him . Which makes it look liker a mockery , then an Accusation . And then for the New-fangled Device of a Free Common Wealth , our Republican Agitators should do well to mind the People of England , of the blessed condition they were in under the pretended Keepers of an Liberties . The Sound of Freedom , and Liberty brings the Multitude like Larks to the Glasse , but not a word of the Net. They say nothing of the Standing Army that must be kept afoot to support it ; nor of the bloudy Taxes that must be rais'd to maintain those Troops , and Martial Law to make good all those Violences . Why do they not tell them of their Charters , Franchises , Priviledges , and Tenures , which are all swallow'd up in that Gulph of Popular Tyranny ? And so are all other advantageous Dependences upon the Crown . The Body of the Law must be new garbled , and a Civil War , with all the Miseries and Contingences of it , must be the Prologue to the Opening of this Tragical Scene . And if the Sedition fails of successe , they bring themselves into the state again of a Conquer'd Nation . And upon these Terms it is at best , that they are to exchange a Condition of Peace , Freedom and plenty , for ●eggery , Bondage , and Confusion . It was very well sayd of Grotius upon the NetherLanders delivering themselves from the 〈◊〉 of Spain . We Fought ( says he ) to save the Tenth part of our Estates ; and now that we have got the day , we have Compounded 〈◊〉 th' other Nine . Here is a Criminal , and a Dangerous , but ( I hope ) an Impracticable Proposal set afoot ; But brought in , God knows , by Head and shoulders , under the Countenance of Religion , and Succession . It is possible there may be no more in it then a Well-meaning mistake . But there must be an Infinite . Tenderness of Conscience , and a most untainted Loyalty to justify the Authour . But to return to my Character . As to the Influence which a Popish Successour may have upon Ecclesiastical matters , ( as in the Character ) there needs no more to be sayd in 't then this ; that the King hath been gratiously pleased to offer the Passing of any Bill for securing the Protestant Religion ▪ without barring , or diverting the Succession . And such Expedients have been also fram'd to that effect , as have been by great Authority judg'd Competent for the Obviating of that Difficulty . As to the Rest , I will not deny but that it is a hard thing for a Prince to ●eize and persecute a People of his own Religion , purely eo nomine for their being so : And it is very Probable too that he will connive at men of that Perswasion , in many Cases , where the Law directs a Punishment . And what is there more in this the● what has been done already more or less from the Date of the Statutes themselves to This very day : and what is done by the Government it self toward the Non-Conformists , at this Instant ? where is the great hurt now ( upon this Admittance ) in not punishing the Papists ; so long as the Protestants are not Persecuted ? Whereas the Fanatical Papists did not only in defiance both of Law , and Gospel , engross all Offices , Benefits and Priviledges to themselves , but without Mercy or Distinction destroy'd the rest of their Brethren . Char. A very pretty Chimaera ! Which is as much as to make this Popish King the greatest Barbarian in the Creation ; a Barbarian that shall cherish and maintain the Dissenters from Truth , and punish and condemn the Pillars of Christianity , and Proselites of Heaven : Which is no other then to speak him the basest of Men , and little lesse then a Monster . Beside , at the same time that we suppose that King , that dares not uphold nor encourage his own Religion , we render him the most deplorable of Cowards ; a Coward so abject , that he dares not be a Champion even for his God. And how consistent this is with the Glory of a Crowned Head , and what hope England has of such a Successour , I leave all men of sense to judge . Fol. 3. Behold here 's the upshot of this high-flown Paragraph . [ A Popish Prince that puts the Laws in Execution for the punishing of Papists , and for the protecting and countenancing of Protestants , is little less then the basest of Monsters . ] How comes it then that the Crown of France has not treated the Protestant Subjects there , as this Picture-drawer pronounces , that a Popish Successour would treat his Protestant Subjects here ? The Protestants have now and then been severely handled I know in France ; as the Papists , upon some Junctures have been in England ; And now of late worse then usual . All which has been Influenc'd well by Reasons of State , as by Impulse of Religion . But shall we Pronounce the most Christian King the greater Monster , for his better usage of us ? If a potent Aversion to us in matter of Religion had transported the French King 's into so mortal a Detestation of us to all other purposes , they would never have committed so many Eminent Charges both in Councells and in Arms , to the Honour and Trust of Protestant Officers and Commanders . But the Convenience and Utility of the State preponderated against Disagreements in Religion . The Barbarisms of the Holy League were the Results of a Sanguinary Faction as well in Civil Government , as Religion . And one Egg is not Liker another then the League of these Dissenting Papists to the Covenant of our Jesuitical and Dissenting Pseudo-Protestants . To come now to the Reason and Conscience of this Elaborate Padox . Taking His Position for granted , that a Popish Prince is bound by his Religion , contrary to Oaths and Promises , Honour and Justice , the Dictates of Nature , the Laws of Nations , and the Bonds of Humane Society ; contrary to all This ( I say ) and to his Interest also ; to break Faith with Protestants ; and those Protestants , his Subjects too . He must be unman'd , as well as Unchristian'd ; an Excomunicate to Humane Nature , and excluded from all the Benefits and Offices of Mankind . And yet , we are not without many Instances , in the French League , and the Scottish Covenant , of an abandon'd Perfidy even to this degree . It must be a strange Digestion sure , that can put over all other Impieties , and turn the violation of all that is Sacred in Nature into a meritorious Virtue . Char. Besides what mismatch'd incongruous Ingredients must go to make up this Composition a King ! His Hand and Heart must be of no Kin to one another : He must be so Inhumane to those very darling Jesuites , that , like Mahomets Pidgeon , infus'd and whisper'd all his Heavenly Dreams into his Ears , that he must not only clip their wings , but fairly Cage 'em too , even for the Charming Oracles they breath'd him : And at the same Minute he must leave the wide and open Ayr to those very Ravens that daily croak Abhorrence , and Confusion to them , and all their Holy Dreams , and their false Oracles . Thus , whilest he acts quite contrary to all his Inclinations , against the whole Bent of his Soul , what does he but publikely put in force those Laws for the Protestant Service ; till in fine , for his Nations Peace he ruines his own , and is a whole Scene of War within himself ? Whilst his Conscience accusing his sloth on one side , the Pope on the other , Rome's continuall Bulls bellowing against him as an undutifull Son of Holy Mother-Church , a Scandal to her Glory , a Traytor to her Interest ; and a Deserter of her Cause ; one day accusing the Lukewarmnesse of his Religion ; another , the Pusillanimity of his Nature ; all Roman-Catholick Princes deriding the Feeblenesse of his Spirit , and the Tamenesse of his Arm ; till , at long run , to spare a Fagot in Smithfield , he does little lesse then walk on hot Irons himself . Thus all the pleasure he relishes on a Throne is but a kinde of Good-Fryday-Entertainment : Instead of Royall Festival , his Rioting in all the Luxury of his Heart , to see Rome's Dagon worshipp'd ; Rome's Altars smoke ; Rome's Standard set up ; Rome's Enemies defeated , and his victorious Mother-Church Triumphant ; his abject , and poor-spirited Submission denyes himself the only thing he thirsts for : and whilst the Principles he suck from Rome do in effect , in the Prophets . Words , bid him Rise , Slay , and Eat ; his fear , his unkingly , nay , unmanly fear makes him fast and starve . Fol. 3. This Passage is only the same thing over again , in a diversity of Words and Phrase . But it is well enough to answer the Ends it was intended for ; the tickling of the Phansy , and the moving of a Popular Passion , without one syllable of weight to strike the Judgement . My Reply upon the Last Paragraph shall serve for This too ; which I have not here Recited , as requiring any Answer ; but to shew what pains he has taken with the Ornaments of his Rhetorique , to supply the Defect of Argument . I cannot liken it to any thing better then the Gaudy Glittering Vapour that Children are used to Phansy in a Cloud . They 'l Phansy Lions , Peacocks , in it , or what other Figures they Please ; but the first Breath of Ayre scatters the Phantastique Images , and resolves the whole into its original Nothing . And just so it is with this Character . There are many things in it finely enough sayd , to work upon a partial and an Easy Imagination ; and to mislead a body at first fight into an Opinion that there may be something of weight and Substance in it ; but upon a second Thought it seems to be only a plausible Strain of Words , which the Authour has as well Colour'd yet , as the matter will bear . It serves however in English well enough for an Incentive and Appeal to the Multitude : But if it should happen to be turn'd into French or Latin , it would become as ill as Office to the Protestants abroad , as it is here to the Government . For what could be of a more pernicious Consequence , from an unknown and private Pen , then for one of the Reform'd Communion to tell the French King , that if he suffers one Protestant Subject to live in his Dominions , he is all those Vile , Impious , and Abject things that the Authour has here bundled up in the Character of his Popish Successour . But for this Popish Successour of his , which is a Figure that has no Being in Nature , but in his own Brain ; what if I should match it now , in Flesh and Bloud ? But it must be then among the Jesuite● Successour of Knox , and Buchanan ; and the Spawn of that King-killing Race . There are mismatch'd Ingredients in abundance , Christ upon his Tribunal , ( as they prophanely ascribe to their General Assembly ) authorizing Bloudshed , Schism , and Disobedience ; a Treaty with the King at Breda , and the Murther of the Brave M●ntrosse , both in a breath . Were ever hand and heart lesse Akin , then when they subscrib'd Loyalty and Obedience with the One , and at the same time meditated and Resolved Treason with the Other ? Then when they Extirpated what they Swore they would only Reform ; and utterly destroy'd that Freedom and Property , which they Pretended to preserve ? Then when instead of advancing Purtity of Doctrine , and the Kingdom of Christ , they fill'd the Pulpits with Jugglers , that imposed upon the People the directions of their Standing Tables , or the Close Committee , as the Dictates of the Holy Ghost ; and in place of the Prophets words , Rise , Slay and Eat , cry'd out , Cursed be They that keep back their Sword in this Cause . You know the Story of Gods Message unto Ahab for letting Benhadad go upon Composition , Stricklands Thanksgiving Sermon . Nov. 5. 1643. De Justice to the Greatest , says Herle before the Commons , Nov. 5. 1644. Sauls Sons are not spar'd ; no nor may Agag , or Benhaded , though themselves Kings . Zimri and Cozbi ( through Princes of the People , ) must be persu'd into their Tents . This is the way to Consecrate your selves to God. And what was the Ground of all this Fiercenesse ; but a Popish King , ( though the Glory of the Reformation ) for want of a Popish Successour ? The Kings Counsels and Resolutions are so engaged to the Popish Party ( they say ) for the Suppression and Extirpation of the True Religion , that all Hopes of Peace and Protection are Excluded ; and it is fully intended to give satisfaction to the Papists , by alteration of Religion ; and to the Cavaliers and other Soldiers , by exposing the Wealth of the Good Subjects , especially of This City of London , to be Sack'd , Plunder'd , and Spoyl'd by them . And then again , His Majesty endeavoured to keep off all Jealousies and Suspicions , by many fearfull Oaths and Imprecations , concerning his purpose of maintaining the Protestant Religion , &c. Ib. pa. 665. This is enough to convince the world that the very Sound of Popery will do the businesse , as well Without a Ground , as With it : And whoever goes about to allarm the People upon This Desperate point , had need give very good Security for his Allegeance . But if it should prove to be the work of some Good-Old-Gaus●●●n , the very fact it self is not Clearer then the Designe . But however it is , the Authour has endeavour'd to prevent any such Conjeeture , by a Complement upon the Memory of the Father , to make the better way to the venting of his spleen against the Successor here in question . If there can be a Son of that Royal Martyr Charles the First ( says he ) a Prince so truly pious , that his very Enemies dare not asperse his Memory or Life , with the least Blemish of Irreligion ; A Prince that Seal'd the Protestant Faith with his Bloud ; who in his deplorable Fate , and Ignominious Death , bore so near a resemblance to That of the Saviours of the world , that his Sufferings can do no lesse then Seat him at the Right hand of Heaven . If ( I say ) there can be a Son of that Royall Protestant of that Vncharitable Faith , who by the very Tenets of his Religion dooms ( for deems I suppose ) all that die without the Bosome of their Church irreparably damned : Then Consequently he must barbarously tear up his Fathers Sacred Monument , brand his Blessed Memory with the Name of Heretique ; and to compleat the horrid Anathema , he most impiously execrates the very Majesty that gave him Being . Fol. 11. The Authour has wrought up This Phansy to a high Pitch , as well in respect of the Father , as of the Son ; and he has shew'd his skill in 't too , for the more he advances the Reputation of the One , the more scope he has , upon the Opposition , to depresse the Esteem of the Other . I would charitably believe that he means good Faith in the Honourable Mention he makes of that Venerable Martyr : But yet there are some passages in this Discourse that would make a man half suspect This Flourish upon the Last King to be intended as a Blind , to give him Opportunity of getting a fairer Marque at This. For he●s here upon a subject where 't is a Common thing to have the Heart and the Hand as far as Heaven and Earth asunder . Witnesse the Close of the Declaration before-mentioned , Pag. 666. We do here Protest before the Ever-Living God , that the Chief End of all our Councels and Resolutions , is to secure the Persons , Estates , and Liberties of all that joyn with us , and to procure and establish the Safety of Religion , and Fruition of our Laws and Libertyes , in This and all Other his Majesties Dominions , without any Intention or desire to hurt or injure his Majesty , either in his Person , or JUST Power . Let any man consider , that at This very time , they were destroying the Church ; In Arms against the King ; Plundring and Imprisoning those that would not joyn with them ; and lastly , that they order'd this Declaration to be forthwith Printed , and Read in all Churches and Chappels in England and Wales : calling Heaven and Earth to Witnesse the Integrity of their Souls , under all these Gross , and Scandalous Contradictions . Now to the Latter part of his Paragraph , First , he lays down a false Supposition , and then he raises out of it a most uncharitable Consequence . For the very Position that there is no Salvation out of the Church ; is qualifyed yet with an Exception , in case of an Invincible Perswasion ; But if this be so lew'd a Principle , in One Religion , why is it not so in Another ? There is not a fouler Character in Hell , then he has drawn here of a Popish Successor . and he founds it upon the Irresistible Impulses and Dictates of the Religion . which being admitted , involves every Individual member of the Church of Rome , in the same Condemnation . So that he himself damns all the Papists , as well as he makes Them Damn all the Protestants . So much for the Son of that Royal Protestant , as he expresses it . But he says nothing all this while of the undutifull Subjects of that blessed Martyr : Those that actually divided his Sacred Head from his Body , and then glory'd in it as an Acceptable Sacrifice unto the Lord. But was This Prince so pious , does he say , that his very Enemies dare not asperse his Memory ? &c. What if I should shew him now ( to convince him of his Mistake ) three or four of the Fiercest Sticklers we have for the Phanatical Interest , that have pass'd their Approbation upon that Execrable Murther ? Char. However ( says he ) if there be such a King in Nature , as will not Defend his Own Religion , because he dares not ; but Sneaks upon a Throne , and in Obedience to his Fear shrinks from the Dictates of his Conscience : If like Jupiters Logg , Such a King can be ; and Fate has ordain'd us for a Popish Prince ; Pray Heaven shroud the Imperial Lyon in this Innocent Lamb-Skin . ( Fol. 3. ) He does well enough to pray for Jupiters Logg , considering what Havock the Republican Storks have made with us Allready . But is it so Base a things ( says he ) for a Prince to shrink from the Dictates of his Conscience ? What if his Majesty himself should make it a point of Conscience not to entertein any Project for the Uniting , as they call it , of Protestant Dissenters ; in regard both of the Publike Peace , and the Heretical Opinions that must be indulg'd under that Denomination ? Would not the Kings concessions in that point bring him within the Equity of this Successours Character ? Char. But I have heard ( says he ) a great many say , it cannot enter into their Thoughts that a Popish Successour will ever take such an Inhumane , and so unnatural a Course to Establish Popery , it being so absolutely against the English Constitution , that it can never be introduced with lesse then a Deluge of Bloud . Surely his very Glory should withhold him from so much Cruelty , &c. Fol. 5. The Glory of a Papist ! ( says he , in Reply upon himself , ) a pretty Aiery Notion . How shall we ever expect that Glory shall steer the Action , of a Popish Successour , when there is not that thing so Abject , that he shall refuse to do , or That Shape or Hypocrisie so Scandalous , he shall not assume , when Rome or Rome's Interest shall Command ; nay , when his own petulant Stubbornnesse shall but sway him ? As for Example ; for One Fit he shall come to the Protestant Church , and be a member of their Communion , notwithstanding at the same time his Face belies his Heart , and in his Soul he is a Romanist . Nay , he shall vary his Disguises as often as an Algerine his Colours , and change his Flag to conceal the Pyrat . As for Instance , Another fit , for whole years together , he shall come neither to One Church nor th' other , and participate of neither Communion , till ignoble he plays the Vnprincely , nay the unmanly Hypocrite , so long , that he shelters himself under the Face of an Atheist to shroud a Papist ; a Visor more fit for a Banditto then a Prince . And This methinks is so Wretched and despicable a Disguise , that it looks like being asham'd of his God. Fol. 5. If a Popish Successour will do any thing , though never so Abject , he will comply then , and make his Religion Truckle to his Interest : But how comes he to be so Abject , and Yielding in One Line , and so Stubborn in the Next : If it be True that he will so Scandalously play the Hypocrite as to Change his Shape , and Act any part for his Advantage , which Rome , or Romes Interest shall Impose upon him ; what should hinder him from making himself a Protestant to the Law , though he continue a Papist still in his Heart ? And where 's the Outcry then , against the Popish Successour ? If he will do This , the Exception is Remov'd ; For he 's no longer , in Construction of Law , a Papist : And if he will not do it , he has great Wrong done him in the Character . The Policy , or in Truth the Probability of his running from One Communion to Another , I must Confesse I do not understand . For if he can dispense with shuffling and shifting ; his way would be to shift once for all into the shape of a Protestant ; ( For That 's a Turn would gain him his Point ) and not to wander thus from One Church to Another , to no manner of Purpose . Upon the whole Matter , the Authour methinks might have treated the Brother of his Sovereign with a little more regard to the Terms of Decency , and Respect , and kept himself to the Cause , without betraying so great an Animosity to the Person . But having to do with a Prince of his own Creating , he thinks he may deal with him at what rate he pleases . Char. Besides , If Glory could have any Ascendant over a Popish Successor , one would think the word of a King , and the Solemn Protestations of Majesty ought to be Sacred and Inviolable . But how many Presidents have we in Popish Princes to convince us that their strongest Engagements and Promises , are lighter then the very Breath that Vtters them . As for Examples sake , How did their Saint Mary of England promise the Norfok and Suffolk Inhabitants the unmolested Continuation of the Protestant Worship ; calling her God ( that God that saw the Falsenesse of her Heart ) to witnesse , That though her own Perswasion was of the Romish Faith , yet she would content her self with the Private Exercise of her own Devotion , and preserve the then Protestant Government , with all her Subjects Rights and Priviledges , un-injur'd . Vpon which , those poor , credulous , honest , deluded Believers , on the Security of such Prevalent Conjurations , led by the mistaken Reverence they paid to a Protesting Majesty , laid their Lives at her Feet , and were the very men that in That Contest of the Succession plac'd her on a Throne : But immediatly when her Sovereign Power was securely establish'd , and his pious Holinesse had bid her safely pull the Vizor off , no sooner did Smithfield glow i' th Piles of Blazing Hereticks ; But Chronicles more particularly observe , that no people in her whole Kingdom felt so signal marks of her Vengeance , as those very Men that raised her to the Throne . Her Princely Gratitude for their Crowning her with a Diadem , Crown'd Them with their Martyrdoms . But since we have mentioned her Princely Gratitude , 't will not be amisse to recollect one Instance more of so Exemplary a Virtue . In the Dispute betwixt Her 's and the Lady Jane Grey's Title to the Crown , it was remarkable , that all the Judges of England gave their Vnanimous Opinions for the Lady Jane's Succession , except one of them only , that asserted the Right of Mary : But it so fell out , that This man proving a Protestant ( notwithstanding of all the whole Scarlet-Robe he had been her only Champion ) was so barbarously persecuted by her , that being first degraded , then imprison'd and tortur'd for his Religion , the Cruelty of his Torments was so savage , that with his own hand he made himself a way to escape ' em . And well might the violence of his Despair testifie his Sufferings were Intolerable , when he fled to so sad a Refuge as Self-Murther , for Deliverance . Fol. 5. & 6. See how he Confounds himself here in his way of Reasoning : Because Q. Mary was not so good as her Word ; therefore No Popish Prince values himself upon his Honour . 'T is true , she brake her Promise with Norfolk , and Suffolk ( as he Reports it ) that gave her the First Lift toward the Crown : But it is more then he can justifie to make it a premeditate Perfidy ; as he renders it . For it is the Opinion of our best Writers , that she was rather wrought upon , ex post facto , to that Violation ; But a Violation it was however ; and there 's no Excuse for 't . And it was a mean Ingratitude to the Generous Loyalty of those People , whom ( under favour ) she did not treat worse then Others , but she did ill in not using them better . As to what concerns the matter of Title , the Lady Mary , claiming to the Crown upon a Statute of 35. Hen. 8. and Edward the Sixth , being prevail'd upon afterward in his Death-sicknesse , contrary to the Intent and direction of that Statute , to transfer the Succession , by Will , to the Lady Jane Grey , in favour of a Faction that labour'd the Disinheriting of the Ladyes Mary and Elizabeth ; all the Judges subscribed to the Disinherison of the Sisters , save only Sr. James Hales ; ( Justice of the Common Pleas ) who refused , upon a Conscience of the Right , without any regard to the Person of the Lady Mary . This same Sr. James Hales , for giving a Charge afterward , Derogatory to the Supremacy of the Pope , was commited to Prison ; but received Good Words and fair usage , some time after . He Fell however into a deep melancholly , and in the Conclusion Drown'd himself . But I see no warrantable Authority for the Report of his being put to the Torture ; only the Authour of the Character finds it convenient to have it so , for the better grace of his Story . But we need not trouble our selves to look so far back for Instances of Breach of Faith ; this Last Age having made us Famous for Perjurious Practises , beyond all that ever went before it . Witness the whole Tract of our Late Troubles . But now comes Another Objection of his own , with His Reply upon it . Char. Suppose ( says he ) that the Conservation of a Nations Peace , the Dictates of a Princes Glory , and all the Bonds of Morality , cannot have any Influence upon a Popish Successour ; yet why may there not be that Prince , who in veneration of his Coronation-Oath , shall defend the Protestant Religion , notwithstanding all his Private regret and inclinations to the Contrary ? When , rather then incur the infamous Brand of Perjury , he shall ty himself to the Performance of That which not the force of Religion it self shall violate . And Then , how can there be That Infidel of a Subject , after so Solemn an Oath , that shall not believe him ? Why , truly , I am afraid there are a great many of those Infidells , ( says he ) and some that will give smart Reasons for their Infidelity : For , if he keeps his Oath , we must allow , that the only Motive that Prompts him to keep it , is some Obligation that he believes is in an Oath . But considering he is of a Religion that can absolve Subjects from their Allegeance , to an Heretical , Excommunicated Prince , nay Depose him , and take his very Crown away : Why may it not much more release a King from his Faith to an Excommunicated , Heretical People ; by so much as the Tyes of Vassals to Monarchs are greater then those of Monarchs to Vassals . By the Obligation of an Oath , I presume he means the Religious Obligation of it ; because he speaks of That Obligation from which the Pope pretends a power to absolve him . Now if this be his Mind ; That Obligation is not ( as he says ) the only Motive to the keeping of his Oath ; but there is a Super-Additional Reason of State , and Political Contemplations , over and above . Take that for granted once , that there 's no Trusting to the Oath of a Roman Catholique Prince ; and ye cut the very Ligaments of Society , and Commerce . There 's an End of All Treatyes , and Alliances ; amicable and mutual Offices betwixt Christian Princes , and States : Nay , in One word , erect but This Maxim ; you turn Europe into a Shambles , and put Christendom , without any more ado , into a State of War. For where there 's no Trust , there can be no Security : And then we know upon Experience , that the Outrages of Jelousy , for the Preventing of Imaginary Evills , are actually the most dreadfull of Real ones themselves . This Opinion makes us a Scorn and a Prey to Infidels , and Strips us of all that is Divine , and Reasonable in us , together . I am nor ignorant yet , either of the Doctrine , or of the Practice of several Profligate Wretches of the Roman Communion , in This Impious Particular . But they are such then as are wholly lost in Brutality and Blindnesse , and I neither do , nor can believe all Papists to be equally susceptible of That Unchristian Impression . It is a Position that may be made use of at a Dead Lift , to serve a Political Turn . And the Trick will not passe neither , but upon some Enthusiastique Sick-headed Zealot , that takes all his Dreams for Visions , and the Vapours of his Distemper for Revelations . We have had of these Romish Dispensations and Absolutions in abundance , among our Own Fanatical Jesuites , and not only the Doctrie asserted , but the Duty also of abjuring our Oaths of Allegiance and Canonical Obedience inculcated , and press'd upon the pain of Imprisonment , Plunder and Damnation . Yet God forbid that the Acts of the Conclave of a Close Committee , and the Determinations of an Ignatian Assembly of Divines ( the True Counter-Part of the Holy Society ; ) the Lord forbid ( I say ) that This Cabal of audacious Extravagants , that took upon them to Discharge us from the Obligations of the Ten Commandements , as well as of the Laws of the Land , should reflect a Scandal upon the whole Body of our Communion , as if Their Warrant were a Legitimation of Perjury and Rebellion , and the Doctrine of King-killing , and Violence , were the Dictate of our Profession . He touches a little lower upon the French Kings breaking in upon Flanders , contrary to his Oath . [ All the Motives ( says he ) that could provoke him to the Breach of his Oath , were only his Ambition , a Lust of being Great , &c. Fol. 6. ] So that he has now found out a Popish Prince , it seems , that sacrifices his Conscience to his Glory , though but a little before he made it the Character of a Popish Successour to sacrifice his Glory to his Religion . Now by the way , I look upon Majesty as a Sacred Character , and not to be handled but with Veneration : Wherefore whether his Assumption be True of False , I shall speak to it only as a Supposition . He proceeds now to the ballancing of the matter . If ( says he ) a Roman Catholique can break an Oath only for the Pleasure of Conquering , which he knows is doing Ill ; Shall not a Popish Prince in England have ten times more Inclination to break an Oath for the Propagation of his own Faith , which his Conscience tells him is meritorious ? I Answer , that the breaking of an Oath , out of a Lust of being Great , is the Crime properly of an Ambitious Prince , not of a Popish : For he does not consult his Religion , but only his Glory , in the Committing of it . And the same Thirst of Dominion , with the same degree of Indifference , as to the Businesse of Right or wrong , in concurrence with the same Advantages of Power and Opportunity , would have produced the very same essects in a Prince of any other Judgment . Well , but he does an Ill thing knowingly ; and so are most of the Ill things that are done in the World , without any regard to the difference of Protestant or Papist . But Then his Application of This Ill thing done to another Prince of the same Perswasion is only the cutting of One Diamond with another ; and nothing at all to our Case . But much more will a Popish Prince in England ( says he ) &c. — Does it follow Here that because a man would rather forswear himself to bring a Good thing to pass , then a Bad one , ( though we are to do no evill at all that Good may come of it ) that therefore for the compassing of a good end a man will forswear himself ? Neither have I ever as yer heard of the Merit of propagating any Religion , by Perjury : Or that the Consciences of any sort of Christians could justifie them in a Crime which even Infidels themselves by the meer instinct of Nature have in extreme abhorrence . And he follows the point yet further . Char. He has Religion ( says he ) to drive the Royal Jehu on ; Religion that from the beginning of the world , through all Ags , has set all Nations in a Flame ; yet never confessed it self in the Wrong . These are strange words to come from the mouth of a pretender to Scruples , and a Protestant Advocate . His Quarrel is not now so much to a Popish , as to a Religious Successour . Nor is it any longer Popery , but Religion it self , that he strikes at , as the dangerous and Obstinate Incendiary . Nay and since Religion was in the world , it was never otherwise he says . So that here is a very fair expedient hinted , for the good of Christendom , to exterminate this Spirit of Discord ( RELIGION ) from off the face of the Earth . If he had said only the Pretext of Religion , he might have Appeal'd , either to the Clamour of his Brethren , or to his own Papers . For it is the Pretext that both Furnishes the Fewel , and blows the Coal : while Religion lies burning in the Furnace . Char. Beside ( says he ) how can a Popish Prince , in attempting to Establish his own Religion , believe he does his Subjects an Injustice , in that very thing in which he does God Justice ; or think he Injures Them , when he does their Souls Right ? Fol. 6. This Pretense of doing God Justice , and the Souls of men Right ; will entitle a Prince , with a much more plausible Colour , and a better Grace , to the breaking in upon the Territories and Subjects of other Princes and States , under Countenance of the same Design : For in that case , there 's no Bar of an Oath upon him ; whereas the same Violence upon his own Subjects renders him Guilty of a manifest Perjury . But what does he mean by an Attempt to establish his own Religion ? If it be by way of Argument ; 't is well . But if he makes use of any compulsive act of Authority , contrary to his Oath , he stands accountable to God for breach of Faith ; and does no Justice to God in it neither , nor Right to the Souls of his People . For where 's the justice to God , in making use of his Name to an Imposture ? and in rendring him not only a Witness , but in some sort , a Party to a Cheat ? And where 's the Right to his Peoples Souls , in forcing them to the Profession of a Religion with their Lipps , which they abhor in their Hearts ? Or , in fine , how can a Popish Prince so much as pretend , either to the one , or the other , against so clear a Light , both of Scripture and Nature ? In short , either he is indispensably bound to do the thing , or at liberty whether he will do it or no : If the former , his Oath must be either a Nullity or a Fraud ; and if the other , his antecedent Obligation has determin'd that liberty . [ But Religious Phrenzy ( says he , Fol. 7. ) leaves that eternal intoxication behind it , that where it commits all the Cruelties in the World , 't is never sober after to be sorry for 't . ] How truly , and how severely is this said ? Witness the impenitent Ends and Courses of all the Kings Murtherers , both Dead and Living . And now again [ Thus ( says he ) Whilst a Popish King sets his whole Kingdom in a Combustion ; how little does he think he plays a Second Nero ? Good Conscienti-Man , not he ; Alas ! He does not Tune his Joys to the Tyrannick Nero's Harp , but to David's milder and more sacred Lyre ; whilst , in the height of his pious Extasy , he sings Te Deum , at the Conflagration . ib. ] Turn but Popish King here , into Popish , Phanatical Faction , and what an admirable illustration is this of the Brethrens Exultations and Thanksgivings , for the Ruine of their Sovereign , the Holy Church , and Three Kingdoms ? Nay , and the florid humour goes on with him still . [ Thus ( says he ) with an Arbitrary , unbounded Power , what does his Licentious holy Thirst of bloud do less , than make his Kingdoms a larger Slaughter-House , and his Smithfield an Original Shambles ? Thus the Old Moloch , once again revives , to feast and riot on his dear , human Sacrifice : And whilst his fiery Iron hands , crush the poor Victim dead , the PROPAGATION of RELIGION , and the GLORY of GOD ( as he calls it ) are the very Trumpets that deafen all the feeble Cryes of bloud , and drown the dying Groans of what he Murthers . Ibid. ] Can any Man read this Pathetical Figure of Tyranny and Desolation , without turning the OLD MOLOCH into the GOOD-OLD-CAVSE ; and calling to mind the Glorious Sacrifices that were offer'd at White-Hall-Gate ; upon Tower-Hill ; Cheap-side ; Charing-Cross ; and in a word , in all the Quarters of His Majesties Dominions , to that Mercyless and Insatiable Idol ? To say nothing of those Whole-Sale Carnages , at Edge-hill , Newbury , Marston-Moor , Navesby , &c. where the blood of loyal Subjects , and true Protestants , was spilt like Water , and the Priests of Baal , all this while , with the PROPAGATION of RELIGION , and the GLORY of GOD in their Mouths , celebrating , in their Pulpits and Festivals , these Barbarous Triumphs . And yet again ; Char. Thus ( says he ) whilst the bonds of Faith , Vows , Oaths and Sacraments cannot hold a Popish Successor ; what is that in an Imperial Head , but what in a private Man we punish with a Jail and Pillory ? whilst the Perjur'd Wretch stands the Vniversal Marque of Infamy , and then is driven from all Conversation , and like a Monster hooted from Light and Day . ] Pray'e correct the Errata ' s of this passage , thus : For Popish Successor read Jesuitical Covenanter ; and for an Imperial Head read a Committee of Safety : And then ye have the Mystery uncipher'd . [ But the Pope ( he says ) and a Royal Hand , may do any thing ; there 's a Crown in the case , to guild the deeds his Royal Engines act . ] This Pope and Royal Hand should have been their General Assembly ; and their ( Pretended ) Christ upon his Throne ; and then Gods Cause , and according to the Covenant hallows the Sedition — Et quod . Turpe est Cerdoni , Volesos , Brutosque decebit . One Verse more would have expounded the whole business . Ille Crucem sceleris Pretium , tulit , Hic , Diadema . Char. They are still ( says he ) that adorable Sovereign Greatness we must kneel to , and obey . What if a little Perjur'd Villain has sworn a poor Neighbour out of a Cow or a Cottage ! Hang him , inconsiderable Rogue ! His Ears deserve a Pillory . But to VOW and COVENANT and FORSWEAR THREE KINGDOMS OVT OF THEIR LIBERTIES AND LIVES ; that 's Illustrious and Heroique . There 's Glory in great Atchievments , and Virtue in Success . Alas ! a vast Imperial Nimro● hunts for Nobler Spoils ; flyes at a whole Nations Property and Inheritance . A Game w●rthy a Son of Rome , and Heir of Paradise . And to lay the mighty scene of ruine secure , he makes his Coronation-Oath , and all his Royal Protestations ( those splendid Baits of premeditated Perjury ) the Cover and Skreen to the hidden fatal Toyl , laid to ensnare a Nation . fol. 7. Never were those Illustrious and He●oick Vowers and Covenanters , that for swore three Kingdoms out of their Liberties and Lives , drawn so to the Life ; and five hundred Nimrods too upon the chase of our Property and Inheritance . And it was a Game worthy of the Sons of Buchanan ; and ( if they may be their own Godfathers ) the Children of the Lord too , under the Cover of their ambiguous Protestations ; and their Holy League-Bands of Confederacy ; they c●nceal'd the Snare of that premeditated Perjnry , which was follow'd with so many dreadful judgments upon the Nation . He prosecutes his Subject with a Reply to the Objection , that ' its impossible for a Popish Successor to introduce Popery into England . That the Jesuits , had such a design ; & that the whole Party believ'd it practicable , he evinces from the Plot ; and the prospect of a presumptive Popish Heir , render'd them more confident of succeeding in it , fol. 7. and 8. And yet four or five Lines further , he represents the difficulties of restoring Popery into England to be almost insuperable : and so with just reflections upon the Paris , and Irish Massacres ; Villanies of Gun-powder Treasons , Conflagratiens , and Plots against Kings and Kingdoms . He finishes that Paragraph . I shall easily agree here to all the Ill that he says of the Seditious and pragmatical Papists , without disputing one syllable of it . And yet I think it very well worth our care , to distinguish betwixt zeal and clamour ; and not over-hastily to give credit to That Sort of People , whose method it is ; first , to make Papists odious ; and then to make the Church of England Popish . And this is not said neither to divert any man from a reasonable apprehension of the other danger . There never was a greater noise of Popery , than in the Prologue to the misfortunes of the late King. And what was the Ground , or what the Issue of it ? There was a Conspiracy to undermine the Government , and no way but that to put the People out of their Wits , and out of their Duties together ; and the Project succeeded , to the actual subversion of the Government . And when the Zelots had possessed themselves of the Quarry , they shar'd both publick and private Revenues among themselves , and fell afterward to the cutting of one another's Throats , for the Booty ; without one word more of Popery . In Brief , to joyn in an Out-cry against Papists , with those that Reckon Episcopacy to be Popery , is to assist our Enemies toward the putting on of our own Shackles . And it is gone so far too , that the Libellers , and their Dictators range them hand in hand already ; and you shall seldom see a Blow made at the Pope , without a Lick at the Bishops . But the Project begins now to open . Char. Let us now rightly consider how far the first Foundations of Popery ( vix . Arbitrary Power ) may be laid in England . First , then , if a Papist Reign ; the Judges , Sheriffs , Justices of the Peace , and all the Judiciary Officers are of the King's Creation : and as such , how far may the influence of Preferment ; on baser Constitutions , cull'd out for his purpose , prevail even to deprave the very Throne of Justice her self ; and make our Judges use even our Protestant Laws themselves to open the first Gate to Slavery . We are just now upon a Preliminary to the Nineteen Old Propositions over again . For fear of an Arbitrary Power , the King was not to be trusted with the Choice of his own Officers . But no though taken for the securing of the Government from Popular Tumults and Insurrections ; in case of lodging that trust in any other hand . Beside the putting of the King into an incapacity of providing for the justice , and security of the Government . But he is so far however in the right ; that the perverting of that power may endanger the State. And for that consideration , it is a Trust not to be parted with , lest it should once more be re-apply'd to the destruction of the King and People , as it was before . It is a certain Truth , that a Prince , by the abuse of his Power may prove a Tyrant . But it is as certain again , that there is not any form , or temperament of Sovereignty imaginable , that is not lyable to the same possibility . For Tyranny it self , is only the straining of the Essential and necessary powers of Government beyond their pitch . We have experimented the worst effects of Usurpation , and Corruption ; and of turning the Equity of the Law against the Letter of it ; nay of setting up the Laws themselves against the very authority that made them . And all this would never have done the work neither , if the faction had not supply'd the want of Laws for their purpose in some cases , and superseded others that were against them , by an Arbitrary Device of Votes , and Ordinances . So that the hazard is nothing so great as he represents it , in the hand of a Prince , for want of that power of Enacting and Repealing , which the Faction possessed themselves of by an Usurpation . But alas ! ( says he , Pag. 8. ) The Laws in corrupted Iudges hands have been too often used as barbarously as the Guests of Procrustes , who had a Bed for all Travellers ; but then he either cut them shorter , or stretch'd them longer , to fit them to it , And is not this very charitably done now ; to imagine the worst things that either ever were or can be done ; Of a Prince , ( admitting my Author's supposition ) whose Empire , Safety ; Donions ; and the wel-fare of whose People , are all dependent upon his good behaviour , and justice ? So that he ventures his All on the one side , to get nothing on the other , Here is the fansie of remote and uncertain difficulties , oppo'sd to our present security and well-being ! and after a Capital Sentence , pronounced with a formality of Law , upon an Imperial Prince , as a Traytor to the Sovereignty of the People ; We are now opening the way to bring another Prince to the Scaffold . For that 's the Scope of several Virulent Libels , both printed and written , that have at present , their free course without controll ? These are the Incendiaries I speak of , and no other . [ Well ( says he again ) but if the publick Ministers of Justice betray the Liberty of the Subject ; The Subject may Petition for a Parliament to punish 'em for 't . But what if he will neither hear one , nor call the other ? who shall compel him ? ] This is a very artificial way of getting a shoot at the King through the Duke ; and to intimate the Exercise of an Arbitrary Power , by this manner of supposing it . It was by these very steps of accusing evil Councellours ; crying out for justice against them ; and for a Parliament to punish them ; that the Faction mounted the Government , and strip'd his Majesty ; first of his Friends ; then of his Revenue ; next of his Liberty ; and lastly of his Life , and all this was actually done , for fear of no body knew what . Ther 's no doubt ( says the Character ) but hee 'l find sufficient assistance from the Pope , English Papists , and Foreign Princes ; beside the Revenues of the Crown . And then having but a prudent eye , and a tenacious hand to manage his Exchequer ; we shall find hee 'l never call that People he shall never have need of , fol. 8. ] He supposes here an assistance for a Prince in possession of his Crown . But an assistance for what , unless in case of a Rebellion ? Or is it an assistance to enable him to live without Parliaments ? As if Foreign Princes would be at that charge , to be never the better sor't . Or if he means a Military Assistance toward the settling of him in the Possession of an Absolute Power ; his Interest undoubtedly will be much greater in the supporting of him as an Heir , than in advancing him as a Tyrant ; beside , that for one English Man to serve him in such an unwarrantable design , he will have an hundred , in case of any unjust delusion , to stand by him in the defence or recovery of an nndoubted Right . This is only the quitting of one Pamphlet with another ; and to make use of that liberty my self which is allow'd to others . [ But all this while ( says he ) the Pope is not Absolute . There wants a Standing Army to Crown the Work : And he shall have it , for who shall hinder him ? Nay , all his Commanders shall be present qualifi'd , even by our Protestant Test , for the employment . ] We have not forgot the Time when one standing Army was Raised for fear of another ; and between Thirty and Forty Thousand Men kept in Pay for a matter of thirteen or fourteen years together , when the War was over , and not one Enemy left in the Field ; one King imprison'd , and another in Banishment ; Taxes multiply'd ; The People peel'd to the very Bones ; and the Persons and Estates of Free-born English Men subjected to the most Scandalous Tyranny that ever was inflicted upon reasonable Creatures . And what was the Ground and Foundation of this Calamity ? The Multitude were Buzz'd in the Head , that the King was Popishly inclin'd , and govern'd by Jesuitical Councels ; nothing but Papists about him , and two or three Antichristian Bishops ( a Pack of Tories , and Tantvies ) and a mighty noise there was of German Horse , and the bringing of an Army up to Town to awe the City , and the Parliament : and the very fear alone of these shadows Transported them into the uttermost extremities of rage and confusion . 'T is true , there was no Plot afoot then , as there is now ; but they made sufficient shift , without it , to do their own , and the Kingdoms business . You shall now see the Composition of his Popish Successor's Standing-Army . He shall have enough Men of the Blade out of one half of the Gaming Houses in Town , to Officer twice as many Forces as he shall want : 'T is true , they shall be men of no Estates , nor Princples , &c. ] He should e'en have gone on , when his hands were in , and quarter'd his new Leveys in Lambeth House , or Pauls , as in the days of his Forefathers . But is not this better yet , than Spiriting away of Apprentices from their Masters ; decoying the poor Wenches out of their Bodkins and Thimbles , and squeezing a Rebellion out of the Gospel ? We have seen an Army of pretended Saints , to the value of Twenty or Thirty Thousand in a Body ; and as many Religions , as Men : every Article of the Creed call'd in question ; and the Lord's Prayer exploded as a stinting of the Spirit . This and a great deal more , and worse , is true , to the very Letter . But forward [ And that this Army may be more quietly rais'd ; how many honourable pretences may be found , fol. 9. ] Very right . As the fetching of the King home to his Parliament ; the delivering of him out of the hands of Papists . The defence of his person , and just rights , in the maintenance of the true Protestant Religion ; and all this , in the Stile of his Majesties most humble , and obedient Subjects . [ Perhaps ( says he ) the greatest and most importunate preservation of the Kingdom shall call for 't and then upon second thoughts , instead of defeating some Foreign Enemy , they are opportunuely ready to cut our Throats at home ; if we do not submit , and give all that this King shall ask , bid . ] This ingenuous Author has directly Translated the true History of the Rise and Advance of the late Rebellion , into a Prophetical Computation of the Methods and Proceedings which the World is to expect from a Popish King. Did not they seize those very Arms that the King had provided for the Relief of Ireland ? and employ them against his Majesties very Person at Edg-hil ? And were not those very Troops that were Raised , as they swore , for the defence of the City of London , Quarter'd upon the Citizens , to Ruine , and Enslave them . Char. Thus far ( says he ) we have given the Pourtraicture of a Popish King : And now , let us take a draught of his Features in his Minority ; that is , while he is only a Popish Heir Apparent , I.d. After the Preamble of an Imaginary Prince , elevated to the height of a Generous and a glorious Character ; with a Supposal of a People too not unworthy of the blessing of such a Sovereign ; and a smooth Reproach in the end of it , to intimate how much he is beholden to them ; he advances as follows . Char. Now ( says he ) let suppose , after a long Tranquility of this matchless Monarchs R●ign , that the immediate Heir to his Crown , and a part of his Bloud , by the Sorceries of Rome is canker'd into a Papist . ] His meaning is easily suppos'd , by stabbing of the very Paper , whenever he comes near him . [ And to pursue this Land●hape , suppose we see this once happy Flourishing Kingdom ( so far as in all Duty and Reason bound ) concern'd for themselves , their Heirs and their whole Countries Safety ; till with an honest , cautious , prudent Fear they begin to inspect a Kingdoms Vniversal Health ; till weighing all the Symptoms of its State , they plainly descry those Pestilential Vapours fermenting , that may one day infect their Ayre , and sicken their World , and see that rising Eastern Storm engendring , that will once bring in those more then Egyptian Locusts , that will not only fill their Houses , and their Temples , but devour their Labours their Harvests , and their Vintages ] Here 's a Period for an Apothecary . The Inspectors ( I suppose ) of our Body politick may be Three or Four of our Anabaptistical Protestant Intelligencing VVater Casters of the State. And these are the men that so plainly descry the pestilential vapours , he speaks of , which in effect are no other then the Breath of their own Lungs . But is it an Eastern Storm that they see engendring ? why then the wind is turn'd , I perceive , for the Locusts of 40 and 43 came out of the North ; and did us all the mischiefs too , of his Egyptian Locusts . And now he has given us the State of our Disorder ; he is so kind as to pr●scribe toward our Relief , which is in a few words , That the Nation [ like true Patriots do anticipate their woes , with a present sense of the future miseries they foresee , fol. 9. ] which is as much as to say : Vp. and be dring , Now again Char. VVhat is This Popish Heir in the Eye of England , but perhaps the greatest , and only Grievance of the Nation ; the Vniversal Object of their Hate and Fear , and the Subject of their Clamours and Curses ? ( methinks he might afford the Kings Brother a little better Language ) at whose door , ly●their Discontents and Murmurs ; but 't is murmurs so violent , that they thrust in amongst their very Prayers ( So did Curse ye Meroz ) and become almost a part of their Devotions . ( The Prophet Davids Curse is faln upon them , Their Prayer is turn'd into Sin ) Murmurs so bold , that they dare approach the very Palace , nay Throne and Ear of Majesty , fol. 10. ] Here 's a large step advanc'd upon the King himself ; but you shall see him come closer by and by , [ Whenever ( says he ▪ ) the People of England reflect on this Heir as their King in reversion , they have reason to look upon him as no better than Jupiter ' s Stork amongst the Froggs . Yes , notwithstanding all his former Glories and Conquests , his whole Stock of Fame is so lost , and bury'd in his Apostacy from the Religion ; and conseqnently , the Interest of these Protestant Kingdoms , that all his Services are Cancell'd , and his whole Masse of Glory corrupted , ibid. ] I find some People of Opinion , that this King in reversion is of the same Perswasion at this day ; that he was , when he acquir'd all those Glories : But let that pass , and see now what 's the sum of all this Flourish , but a labour'd Piece of spiteful Art , to render the Brother of his Sacred Majesty as odious as the soulest Character , and Calumny can make him You shall fee presently that This Venom against the Duke will terminate in the King ; and that instead of a Christian , and pious Zeal for Religion , the end of it is to inflame a desperate Distemper in the State. It is , in short , a Character of the worst of men , adapted to a suitable Religion : And expos'd to the World , in an uncharitable account of things , which he cannot possibly foreknow . His next supposal is a Rhetorical Speculation ; and not without Reflexions bold enough , upon the unchangeable affection of his Majesty to his Royal Brother . What ( saith he ) can the consequence of this unhappy Friendship be ; but that the very Souls and Loyalties of almost a whole Kingdom are stagger'd at this fatal Conjunction ; till I am afraid there are too many , who in detestation of that one Gangreen'd Branch of Royalty can scarce forbear ( how undutifully soever ) to murmur and revile even at that Imperial Root that cherishes it ? Ibid. ] What a strange Usurpation is this , not only upon Majesty , but Human Nature ; not to allow a Prince the freedom of those affections which he can no more put off than his Reasonable Being ? But this is the Loyalty of the Old Stamp , that still gives the Sign with a Hail Master , and a Kiss . But how comes this Pamphlet to undertake for the sense of the whole Kingdom ? It is not that he finds them so much dis-affected , but he endeavours to make them so ; by teaching and animating the Sedition that he would be thought to fear . Nay , so far is he from being afraid of the undutiful murmurs he seems to apprehend ; that it is scarce possible to do more toward the creating of them . And look now how he grows upon His Majesty . [ Those very Knees ( says he ) that but now , would have bow'd into their very Graves to serve him , grow daily and hourly so far from bending ( as they ought ) to a Crown'd Head , till they are almost as stubborn as their Petitions and Prayers have been ineffectual . ] What is this to say , but in his way of intimation to insinuate — what the Reader will easily understand , though more than I am willing to express . Char. Thus ( says he ) whilst a Popish Heirs extravagant Zeal for Rome , makes him shake the very Throne that upholds him , by working and encroaching on the affections of His Majesty , for that Protection and Indulgence that gives birth and life to the Heart-burnings of a Nation ; what does he otherwise than in a manner stabb his King , his Patron , and his Friend , in his tenderest part , his Loyal Subjects hearts ? which certainly is little less than to play the more lingring sort of Parricide ; a part so strangely unnatural , that even Salvages would blush at , yet this Religion , ncorrigible remorseless Religion never shrinks at . Folio 10. It is worth observing , that throughout this whole Character of a Popish Successor , the Author of it lays more load upon the Heir than upon the Religion ; for he treats the Latter still in the terms of a fair and generous enemy ; but when he comes to the Other , he shoots Poyson'd Arrows , Parricide , Gangreen'd , and the like , without any respect either to Modesty or Honour . And what is the whole Tract indeed , but an artificial Declamation , without so much as one ill thing in 't , bating the Perswasion , that is either liable to a proof , or possible for him to know : And yet he does as boldly pronounce upon things to come , as if he had the Book of Fate in his Pocket . He charges the Successor here , with encroaching upon the Kings Affections . It was a little while agoe , only the invincible tenderness of His Majesty ; but it is now turn'd into the working and insinuation of his Brother : who stabbs the King ( says the Character-Writer ) in the Hearts of his Loyal Subjects . But what if it should happen that the King should be here stabbed thorough the Duke ? It was at this rate , that Laud and Strafford stabb'd the late King too . And what was the end on 't ; but that when the Kings Friends were remov'd , under the Character of his Enemies ; his Sacred Majesty left naked and defenceless , those Hypocrites that had nothing in their Mouths , but Loyalty and Religion ; those were the very Men that stabb'd him themselves . This is the plain Historical Fact , without either amplifications or colours . But if you 'll see a figure upon the Stretch ; observe his next fancy ; where he makes the Duke a Parricide for killing the King in the hearts of his People , by his applications and respects to His Maiesty . And a Parricide ( as he phrases it ) so strangely unnatural too , that even Pagans would blush at it . Is this Jest or Earnest now ? is it a pang of Duty and Conscience ? Or is it not rather the Luxuriancy of a high-flown thought ? How comes it to be so flagitious a crime , for one brother to love another , that Humane Nature must be startled at it ? Or that a Prince may not presume to venture upon the Duties of Christianity , Natural Affection , Friendship , Honour and Humanity , for fear of being call'd to account for 't in a Pamphlet ? Well! but he tells us of the Heart-burnings of the Nation at this conjunction ; and for that reason , he expects , it seems , that His Majesty shall relinquish his Brother . But what if a Man should ask him , First , How he knows this to be the sence of the Nation ? Secondly , What Commission he has to tell the World so ? And Thirdly , How he comes so positively to assert that it is so ; when it is clear , on the contrary that it is not so ? For the Peoples quarrel is to the Religion only , whereas the Authors is principally to the Duke . But let us give him these Heart-burnings for granted ; and see how far a concession upon that point will carry us at last . First , The Duke Marches off ; and then the Kings Ministers back after him ; and then goes the Militia : and so in course , the Bishops , the Revenue , &c. To the end of the Chapter of Forty Eight : and all this , to gratify one longing after another , till , in the conclusion , another Government turns up Trump . Plato Redivivus has the whole Scheme of the Project ready cut and dry'd . This was the very Method of our Ruine ; and the name of Religion led the way to 't . A Covenanted , and , in his own Words , an incorrigible , re●orseless Religion . But why these Heart-burnings , now the Duke is out of the Kingdom ? unless they would him out of the World too ? And that would not serve neither ; for so long as there is a Service-Book , a Surplice , or a Canonical Habit in the Kingdom , and this Humour kept a foot , there shall never want Popery to work upon . The next clause speaks the plainest English we have had yet . Char. The Nation in studying to prevent Tyranny grew jealous of Monarchy , and for fear of their Moneys going the wrong way they will give none at all , but rather triumph in His Majesty's greatest wants , even when his glory , nay possibly when his nearest safety calls for their assistance . Fol. 11. This way of saying that they will not give Money , ( which is more yet than he knows ) carries the force of an Advice that they should not ; which is the thing that this passage manifestly intends and designs . So that is the rest of the Nation were of his mind , the French King might have this Kingdom for the asking ; for both King and People upon these terms are manifestly abandon'd as a sacrifice to this jealousie . Toward the bottom of the same page he brings in a Deliberation to this effect : This Popish Prince cannot either help his Persuaasion or relinquish it ; nor is it a thing to be exacted from him that he should . The Grievances of the Kingdom may be his unhappiness and not his fault ; for he is onely passive , and lives to himself , without meddling to encourage or favour Popery in the least . But how does it follow ( says he Fol. 12. ) that if we do not plainly see him act , that he does not act . But how does it follow on the other side , say I , that he does act if no body can prove it ? It is the rule of Christian Charity in doubtful cases ever to judge the best , but the Author of this Character does not think fit to walk by this rule ; for first he casts with himself what is the worst that can happen , and then he improves the far-fetch'd possibility of that worst of Events into a Prediction , that certainly that thing shall come to pass . And then he considers how mean and wicked it is possible for Flesh and Bloud to be , and those Vices and Imperfections jumbled together are the Ingredients that make up his Character . Char. But to the Objection ( says he ) the Grievance of a Nation may be his unhappiness , and not his Fault , &c. That is in short ; He cannot help it . Very right . And so when This Popish Heir comes to the Crown , and promotes the Romish Interest with all the severity , Injustice and Tyranny that Religious Cruelty can invent . His Answer will be , He cannot help it ; or at least cannot withstand those irresistable Motives that prompt him to their Execution ; which is the same thing . Will he have it then that our Actions and our Thoughts are bound up alike , under a determinate , and insuparable necessity , of our doing this or that , as well as of thinking so or so ? Or will he call those motives , irresistible , that do only prompt , and invite us to the doing of any thing ? He has screwed up Tyranny and injustice here , to the highest degree of cruelty and terrour . And now if this barbarous rigour be so inseparable from the Genius of the Religion ; how comes it that a French Popish King should be better natur'd to his Subjects of the Reform'd Religion , then he will allow an English Popish King capable of being toward his Protestant Subjects . [ The same impulse of Conscience ( he sayes ) that makes a man a Roman Catholique , will make him Act like one , when opportunity serves . Ibid. That 's very Right ; but I cannot yet think that any Party of men will pretend explicitely to authorize the putting of Christians to death , purely upon a Consideration of Religion , and Conscience , in order to the propagation of the Gospel . And yet I know , the Jesuits , of both Churches have gone a great way towards it . Cursed be he ( says Case , in the late Rebellion ) that witholdeth his Sword from Blo●d ; that spareth when God saith strike , &c. [ The Papist ( he says ) is of a Religion that makes humane merit the Path of Salvation : ] and so he passes into a very florid descant upon the Abuses , in the Church of Rome , of this wonder-working merit . And our dissenting Papists , in the late times , came not one jote behind them , in making it the dayly Theme of the Pulpit , to Preach Salvation to all that di'd in the Cause . Char. And then again , Popery is a Religion that does not go altogether in the Old Fashion Apostolical way of Preaching and Praying , and teaching all Nations , &c. But scourging , and racking , and broiling 'em into the fear of God. A Religion that for its own propagation , will at any time authorize its Champions to divest themselves of their Humanity , and act worse than Devils to be Saints . These are dreadful Cruelties ; but if this fierceness arise from any principle of rigour in the System of their Faith , methinks they should treat all alike ; for if it be upon an Impulse of Conscience , it becomes a Duty . The Jesuits here in our Covenant Pers●cution were pretty good at this way of Discipline too . There was no scou●ging , racking , and broiling , 't is true ; but there was plundering , sequestering , starving , imprisoning , poisoning in Gaols , and refusing the Holy Communion to Anti-Covenanters upon their Death bed . There was a general Massacre propounded of all the Cavaliers that had been in arms , which I am well assur'd was carried but by one voice in the negative . There were upward of a hundred sequester'd Ministers crowded into a prison , where they knew there was a raging Plague ; and , as I am credibly inform'd , there was not a thirtieth part of them came off alive . And for these Diabolical Actions the Persecutors were enroll'd into the number of the Saints . Char. Nay ( says he ) the very outrage of Thefts , Murthers , Adulteries , and Rebellions are nothing to the pious Barbarities of a Popish King. The Murtherer and Adulterer , may in time be reclaim'd by the Precepts of Morality , and the Terrors of Conscience . The Thief , by the dread of a Gallows , may become honest . Nay , the greatest Traitor , either by the fear of Death or the Apprehensions of Hell may at last Repent : But a Papist on a Throne has an unconsutable Vindication for all his Proceedings , Challenges his Commission , even from Heaven , for all his Cruelty he dares Act ; and when all the Inchantments of Rome have touch'd his Tongue with a Coal from Her Altars , what do his Enthusiasms make him believe , but that the most savage , and most hellish Dooms his blinded Zeal can pronounce , are the Immediate Oracles of God : fol. 13. ] If it had not been for Popish King , Papist , and Rome , I should have taken this last Paragraph for the Picture of a Kirk-Conclave . For first , though there was Theft , Murther , and Rebellion , abundantly in their proceedings ; yet so Transcendent was the wickedness of their blasphemous Bands and Associations ; so horrid the Forms of their Calling the Searcher of all hearts ; with hands lifted up to the most high God , &c. to witness the joyning of themselves in a holy Covenant unto the Lord ; ( which holy Covenant was yet in the very first conception and intent of it , a premeditate Complottery to destroy That in Effect , which in Terms they swore to defend ) All other sins ( I say ) were as nothing , in the Ballance against this Catilinary , and bloudy Sacrament . And so remarkable was the Reprobated Impenitence that follow'd upon it , as if the Devil himself had come in , to the Signing and Sealing of that Religious Mockery , both upon God and Man ; and turn'd the Hypocritical Covenant into a Magical Contract . As for those that took it with good meaning , or perhaps out of weakness , and surprise ; ( though I my self was none of the number ) I make no doubt , but that God hath given to many of them a true sence of their mistake ; but for those that designingly , and frankly leagu'd themselves in that Combination ; I am at a loss , even according to the largest allowances of Christian Charity , where to find three Converts ; the Living persisting still in the obligation of that Oath ; and those that were taken off by the hand of justice , asserting it to the Death . I bear my Testimony , ( says Kid , that was Executed in Scotland , as a Rebel ; Spirit of Popery , fol. 7. to the Solemn League and Covenant , as it was profess'd and sworn in Scotland , England and Ireland , in 1643. &c. And again , Ibid ) Prelacy , as it is now Establish'd by a pretended Law , is destructive downrightly to the sworn Covenants ; yea , not only Prelacy , Popery , Malignancy , and Heresie , but Supremacy ; and every thing Originally upon , and derivate from it . And further ( fol. 17. ) The Three Kingdoms are Marry'd Lands ; so I die in the faith of it , that there will be a Resurrection of Christs Name , Cause , and Covenant . And so likewse King , that was Executed in Scotland too , ( Id. fol. 42. ) I bear my witness & Testimony to our Covenants National , and Solemn League betwixt the Three Kingdoms ; which Sacred and Solemn Oath I believe cannot be dispensed with , nor loosed by any Person , or party upon Earth ; ( And fol. 43. ) I bear witness against the Ancient Christian Prelacy , &c. and against all Oaths and Bonds contrary to our Covena●t , and Engagement , especially that Oath of Suprem●cy , &c. And so Mitchel , Weir , &c. See Ravillac Redivivus . They do all of them sing the same Note . Now take all together ; the deliberate wickedness of their first Resolve upon the Covenant ; their prophane and daring Hypocrisie in the very Frame , and wording of it ; the counterfeiting of Gods Authority for Sacrilege , and Rebellion in pursuance of it : and lastly , the maintaining and defending of all their impieties , to the last Gasp. A man may defie all the Story of the world , sacred and prophane , to shew any other Party of Men that we●e ever lost under so dreadful a der●liction . But yet there is something of a perverse Bravery in renouncing it at last , and after all their ●ndignities put upon the G●d of Truth , in making some conscience yet of keeping Touch with the Spirit of Delusion . And now to finish the Parallel betwixt our Dissenting Papists , and his Jesuitcal : We have our Enthusiasts too , that vent their Dreams and Vapours for Oracles . But to shorten the matter ; Bayli'es Disswasive will abundantly satisfie the Reader upon this Subject . He passes from hence to a reply upon a supposition , [ that such Laws may be made before-hand , as will make it impossible for a Popish King to set up Popery in England ] But that ( says he ) would be like hedging in the Cuckow , &c. for who shall call this King to question for breaking these Laws , if he has the power and will to do it ? This Question ( fol. 13. ) might serve for a piece of an Answer to a Contradiction he puts upon himself , fol. 20. which we shall handle in course . If the Law has put it out of his power ; there is no longer any place for the supposal of a power ; unless by Foreign Force , which would presently improve a private Jealousy of Religion into the publick Rupture of a National Quarrel , to the almost inevitable , and irreparable Loss of his Reputation , his Friends , and his Dominions together ▪ Now the other way , in case of his being injuriously excluded , it would be forty times more easy for Him to recover his Pretensions from abroad , by a Foreign Assistance , in concurrence with such an English Interest , as a generons Compassion to his Wrong , a Respect for his Person , and the Justice of his Title would certainly create him , than to erect an absolute Power against the Wills and Hearts of his People : and contrary to all the measures of Equity and Prudence . And to do all this too , while he might live and reign easily and comfortably to himself and his Subjects , within the limits of a Legal Administration . And if he can never expect to gain this point , by calling in Auxillaries from beyond the Seas : much less will he be able to do it , upon the bottom of his own Interest , and within himself : For there must go a great many more hands than his own to such a work . And to say that he may do it , by his Officers or Ministers , by the force of Gratifications , Pensions , or the Promises and Hopes of Preferment and Advantage : That Objection may be easily obviated : For it is a thing of clear and easy prospect : the Forming of such a Scheme of Laws for securing the Bounds of the Government , as no man that has either a Neck , or a Fortune to lose , will dare to violate . But the bare Power , if he had it , would signify nothing neither : unless the VVill as he says goes along with it . Now if he may WILL he may NILL too : So that he is left at Liberty to make his Election either of the One , or of the Other , which has , in a great measure , discharg'd him of the pretended Impulse of Religion , and translated the Exception from the Papist to the Person : Founding the apprehension upon a pretended Foresight of Tyranny and double Dealing , in That Princes Character ? which being a thing that is only to be seen with His Spectacles , and a Prognostick Peculiar to His way of Calculation , wee 'l go to the next . I will not deny ( says he ibid. ) but a Popish King may be totally restrein'd from all Power of Introducing Popery , by the Force of such Laws as may be made to tye up his hands : but then they must be such as must ruine his Prerogative , and put the Executive Power of the Laws into the hands of the People . ] This shift does not at all either weaken , or avoid my Assertion , for the Kings hands are sufficiently ty'd , in holding the hands of his Ministers : And This may be done ( so far as is necessary for This purpose ) without any Diminution to his Royal Dignity . If the transferring of the Executive Power to the People , that is to say Deposing of him , would do the Job , the Character will shew us by and by , how That may be done , without need of New Laws , and in spite of Old Ones . But what Monarch ( says he ) will be so unnatural to his bloud : So ill a Defender , and so weak a Champion for the Royal Dignity he wears , as to sign and ratify such Laws as shall entail That Effeminancy , and that Servility on a Crown as shall render the Imperial Majesty of England but a Pageant , a meer Puppet upon a wire ? ] He does well to presume that a Prince will not Unking himself : but he would do better yet to keep himself clear from such Propositions and Principles as lead to that D●posing End. For whatsoever strikes at the Crown , in a Papist , falls , upon the Rebound , on the Royal Authority in a Protestant . ( But ( says he , ib. ) If no King will assent to make Laws to do it this way , and no Laws can do it t'other , all Laws against Popery , in case of a Popish Successor , are as I told you before , but building the Hedge , &c ] This Author seems to scrupulize more then needs upon the fear 〈◊〉 Cramping the Prerogative : For he himself will shew us by and by how to do that without a Law , which he despairs of ever seeing done by one . If he had thought of what the King has lately parted with out of his Prerogative , for the begeting of a Plenary Trust and Confidence in his People , he would not have despair'd of any Condescension from his Majesty , for the securing of his Subjects in their Properties and Religion , after so much more done for them already than that , which is here propounded , amounts to . He tells us ( fol. 14. ) of the danger of the Pop●s Supremacy ; and I must tell him , that within the Kings Dominions , the Supremacy of the Kirk is every jote as dangerous . Wherefore let us look to our selves both ways ; as well against those Papists that did murther the Last King , as those other Papists that are in the Plot to destroy This. No doubt ( Says he ) but the Fire that burns the Heretique Law-makers , shall give their Laws the same Martyrdom . ] If they have power , 't is probable enough that they will : But their 's a great difference in the case , betwixt a Prince and his own Subjects , and the Pope , and Stranger Hetiques : The one destroyes his Enemies , the other , his Friends : The Pope is in One Barque , the Heaetiques in ●onother , and the one may Sink , and the other Swim ; now the King being in the same bottom with his People , if he runs the Vessel upon a Rock , they are all cast away together . Ch●r . With this certain prospect , both of the ruine of their Estates , Lives and Liberties , where lies the Sin in the Commons of England , to stand upon their Guard against a Popish Successor ? Aye , a Gods name let them stand upon their Gaurds , and use all expedients to keep out Popery and Tyranny ; provided still that we preserve the sacred Succession in its right line , for that we are told , both King and People a●e obliged in conscience to defe●d and uphold . This clause has both more and less in it , than a body would imagine ; and a man hardly knows either how to meddle with it , or how to let it alone . He begins with the assumption of a thing certainly prov'd ; though without any colour , that I can find , of makeing it out to be so much as probable ; and barely possible , is the mos● that I can make on 't . Nay , and it is not that neither , without imputing more of Ranc●ur and Implacable Virulency of Nature to his Popish Successor , than ever any Man yet discovered , either before , ●r beside the Author of this Character . But however , upon that substratum , he takes up the Quarrel ( as he would have it understood ) of the Commons of England . Where lies the sin ( says he ) in the Commons of England , to stand upon their Guard against a Popish Successor ] This is only a Gin set for a Woodcock , under the Equivoque of the Commons of England ; so that if a Man speaks only to the Multitude , and he applys it to the Representative , there may be matter pickt out of it for an Enformation ; Why , who says there 's any sin in 't ? And then there 's Guard and Guard. People are said one way to be upon their Guard with their Swords in their hands ; and another way , with their eies in their heads . But I presume he speaks to the multitude ; and he speaks too in the Stile of Authority . Let them stand upon their Guard ( says he ) as if he were giving Orders . He might as well have said , Let them stand to their Arms : and his expression ( of all expedients ) expounds it so , even allowing him to be his own Interpreter ; for the business is to keep out Popery and Tyranny . And he makes it one expedient , ( fol. 2. ) and an essential one too , to act the Offensive part as well as the Defensive ; Provided still ( says he ) that we preserve the Sacred Succession in its right Line ; for that we are TOLD , both King and People are oblig'd in Conscience to defend and uphold . ] That same little word TOLD , is a most Emphatical Mockery : and then , provided that the Succession be secur'd , all other expedients are pronounced lawful . Methinks he might have thought of a Proviso too for the securing of the Kings Honour , Dignity , Person , Government , and the Peace of his Dominions : which are , at the rate of his latitude of allowance , all of them equally concerned in the danger with the Succession . He proceeds now to debate the matter of Conscience : And if we find him as Tender as he is Zealous ; as good a Christian on the Subjects side , as on the Patriots ; as careful to uphold the Sacred Character of Majesty , as to prevent the Excesses of Tyranny ; and finally , as clear a Casuist , as he is a powerful Orator , there will be no contesting any further with him . Char. First then ( saith he ) let us fancy we see this Popish Heir on his Throne , and by all the most illegal and Arbitrary Means contrary to the whole Frame and Hinges of the English Government , introducing Popery with that Zeal and Vigour till his in●atuated● Conscience has perverted the King into a Tyrant . What a phancy of a phancy is here ! that for want of fact and argument is fain to have recourse to Imaginations and Dreams . And to what end is all this , but by disgusting of the People at the ways of Providence , set them a hankering after State-Wizzards again , and Strange-Gods , for the knowledge of things to come ? wherefore let me once again inculcate that of 27 Jer. Hearken not ye to your Prophets , nor to your Diviners , nor to your Dreamers , ( which is the same with phansiers ) nor to your Inchanters , nor to your Sorcerers , which speak to you saying , you shall not serve the King of Babylon . Fo● they Prophesie a Ly unto you ; to remove you far from your Land. Let us , for the Honour of our kind , either live and act and reason like Men , or else down upon all four , and away into the Woods and Rocks , and hunt and growl'd and tear one another to pieces like Beasts . But we 'll discourse the matter a little . Well! The English are certainly the Freest and the Happiest People upon the Face of the Earth . Ay ; but we shall be all Slaves e're 't be long . When 's that ? When the Popish Heir comes to the Crown . Ay ; but when 's that again ? When the King is dead . Well , but when is the King to Dy ? Nay , I cannot tell that . How long has the Popish Heir to live ? I cannot tell that neither . Will the Queen have any Children ? Nor that neither . How long will the Queen live ? How should I know that ? Will the King survive her or not ? I cannot tell . Will he Marry again if he does ? I cannot tell that neither . Will he have any Children if he Marrys again ? Who knows ? But what if the Heir should not live to come to the Crown ? but it may be he may though . And it may be he may not . Ay , but I PHANSY that he will. Well! But suppose he should come to the Crown . What then ? Why then he will set up Popery and Tyranny . Not whether he can or no. Why , how did Queen Mary ? She had the odds on her side ; for the Papists were then , in a manner , as the Protestants are now . And yet , coming in betwixt two Protestants , Popery , ye see , went off as it came on . But still there was a Persecution . 'T is true , there was ; but all Princes are not alike . Q. Mary Persecuted the Protestants ; Henry the Fourth of France did not so . And it is as good an inference from the instance of Henry IV. that the Popish Heir will not be a Persecutor , as from that of Queen Mary that he will. But where the Popes Authority intervenes , both King and People are bound to obey . And yet you see that for all the Power of the Pope , and the Covenant of the Holy League to boot , the People of France , though Roman Catholiques , would not submit to the Dis-possessing of a Protestant Successor ; neither did that generous Prince , upon the Reconciling of himself afterward to the Church of Rome , exercise any one act of Tyranny over his Protestant Subjects ; which is enough said upon this point . Well , but I PHANSY it will be Popery and Tyranny yet , for all this . Well! but to go a little further with you , now suppose it should come to a down right Persecution ? Aye , but we must stand upon our Guards to prevent it . That would be more than ever the Primitive Christians did under the Ten Persecutions : And we have not only their Example , but their Express Doctrine against it . And we are never the better Protestants for being the worse Christians : So that here 's only Phansy set up in opposition to Religion , Reason and Experience . And That 's enough in all Conscience too : For there needs no more then the Flames of a distemper'd Spleen to cause an Earth-quake in the Government : What are Fears but Phansies ? What are Jealousies but Phansies ? What Original had they ? Phansies again . And what was the Consequence of them ? Sum up the Sins and the Calamities of the worst of People , and of Times ; Those Crimes and Those Miseries , were the effect of Those Phansies . They were Hag-ridden and Night-mar'd with Goblins and Apparitions ; and haunted in their Beds with the Images of those Visions and illusions which they had taken down from the Press and Pulpit waking . The brave Strafford was a Sacrifice to the Phansy of Arbitrary Power , and the Venerable Laud ; a Victim to the Phansy of Popery . They Phansy'd AntiChrist in the Hierarchy ; the Rags of the Whore of Babylon in a Surplice ; Popery in the Common-Prayer ; the Sacrament of Baptism they phansy'd little better than an Exorcism ; the Lords Prayer well enough for a Christian Primer , a School-boy Form that might do so so , till People came to be better gifted . When they had Phansy'd the Heads of these great men off their Shoulders ; the Bishops out of the House of Peers ; they went on Phansying still ; They Phansy'd Episcopacy out of the Nation , and their Scotish Presbytery into it ; the Clergy out of their Living● ▪ the King himself and his Loyal Subjects out of their Lives , Liberties and Estates ; the Crowns , Churches , and the Peoples Monies into their own ●ockets ; the House of Peers into a Cypher or Nullity ; the House of Commons into a Secret Committee ; the Monarchy into a Republick ; the Laws into Votes and Ordinances ; their Committe into a Rump-Assembly ; That Rump into a Protector , and that Protector again into a Committee of Safety . And all this was done by the Power of Imagination , and a strong phansy of Tyranny and Popery . And why may not all this he phansy'd over again ? But pray let me Phansy a little on the other side . Let us Phansy his Majesty to Survive his Brother ; Let us Phansy an Heir Apparent either by her Majesty in being , or by the providence of a Second Marriage ; or the Successor to be a person of Honour , Conscience or Prudence , whatever his Religion be : And that in Honour and Conscience he will govern himself by the Tyes of his Word and his Duty ; and that in Prudence he will not venture upon a Project so impracticable as an attempt of Subverting the Religion and Government , when every mans Neck shall lye at stake , that shall but dare to assist him in 't ; which might be sufficiently provided for by some previous Act that ( saving the Kings Prerogative in the Case ) might secure their not being pardon'd in That particular . We shall now Counterpoise Dangers to Dangers . Here is a present opposed to a future ; a Certainty to a Possibility ; a Greater to a Less ; and a Protestant King to a Papist . The Present danger is the probable Effect of these Intoxicating Methods to the People . If Phansy was Poyson to the Multitude , under the late King ; the same Phansy in a larger Dose , and with less Corrective to it , will be at least as strong a Poyson to the People under This. If the Fact on the one side be true ; the Reason , on the other side is not to be deny'd . The dismal Calamities that ensu'd upon it I have ●et forth already . Now what is there in the future , to weight against the Life of the King , the Safety of the Church , the Law and the Government , the Peace of the Kingdom ? There may possibly be a Popish King ; and there may probably not . And that King may Possibly have a Will to change the Government ; but probably not ; in respect of the very Immorality of Inclining to such a Violation of his Trust and Word : But all most certainly not , in regard of so manifest an Inability to bring it to pass . When I say a Certainty , I mean only a Natural Train of Events in the Application of Actives to Passives ; which , in a high degree has taken place already : For the People are almost Raving mad at the apprehensions of these Stories ; the Feaver encreases upon them ; and they grow every day Hotter and Lighter-headed than other . So that we are in Forty times a greater danger of a Sedition at hand , than of a Popish Successor at a Distance . As to the Ballance of a greater danger , and a Less , we 'l e'en take the matter as they suppose it . A King upon the Throne , that 's Principled for Arbitrary Government and Popery ; But so clogg'd and shackl'd with Popular and Protestant Laws , that if he had never so great a mind to 't , there is not a Subject in his Dominions that would dare to serve him in his Design . But , on the other hand , there 's no King at all , no Church , no Law , no Government , no Magna Charta , no Petition of Right , no Property , no Liberty , &c. PROBATVM . Beside that the Phansy comes to no more in Effect , than if the sky fall we shall catch Larks . But once again yet . Here 's a Protestant Prince expos'd for fear of a Popish one . Is the Chimera of a future danger of more value to us then the Conscience of an incumbant and indispensable Duty ? shall we take pet at God Almighties providence ; and not go to Heaven at all , unless we may go our own way . Shall we Level a shot at the Duke , at a distance ; if there be no coming at him but through the Heart of our Sovereign ? shall we actually break in upon the Protestant profession , which stands or falls with the Church of England , because the Author of the Character phansies the hazard of a Popish Religion in the Moon ; and by the unavoidable Consequence of a Misgovernment under this apprehension , draws the very plague upon us that we pretend to fear : While we thus go on , exposing both our Temporal and Eternal peace for shadows , . The Writer of the Character had most Rhetorically amplifi'd , in his Calculations upon his Popish Successor ; but so Oversiz'd the figure that when ever the people come to their wits again , they will look upon the story of Garagantua , as not much the less Credible of the Two : For his dangers are all out of Ken ; his Thunder●s in the Clouds ; and the Multitude are all turn'd Star-Gazers , and gaping after ill-boding Conjunctions , and malevolent influences , while with him in the Fable , They are tumbling into a Precipice as deep as Hell , and take no notice of it . Here is a danger suggested ; and such a means intimated for the prevention of it , as makes the Remedy worse than the Disease ; for the very Expedient undermines the Government . But first , a word of the dangers on the other side . There are several ways started for the disappointing of this inconvenience One by Attainder , upon 23. & 13. of Eliz. Another , by a Bill in Parliament for diverting the Succession . And some of the Libellers fall down right upon a Third Proposal of the peoples preventing the Succession , though without or against Law. And Fourthly , either to expel the Successour , or to keep him out , in case of Survivorship . To the first , of these ways I shall speak , when the point comes on . As to the second , which is matter of Parliamentary Cognizance , I reckon it my duty to acquiesce in the Legal Issue of their Debates ; as an Authority to which I have ever paid a Duty , and a Veneration . This only I shall take the freedom to say , that there is a vast difference betwixt their Deliberations that purely regard the prospect and interest of both Church and State , in what concerns the Popish and Protestant Religion ; and the passionate excursions of private men on the wrong side of the Parliament Door● , that thrust themselves into the Controversie rather out of envy to the Person and fame of the Successour , than to promote the more important cause of Religion ; ( like men that crow'd into a Church for company to pick a pocket ) and this to , without any respect to the King himself , in the person of his Brother ; or to the measures of duty to the Government . Now as to the two last ways of proposal , which are eiher for prevention or exclusion ; I have this to say ; If there be danger from a popish Successour , during his expectancy , within the Kingdom ; the danger is infinitely greater , if he be driven out of it . For , first , ( as supposing it to be the peoples Act ) There must be an illegal and popular violence to accomplish it ; and there 's the peace of the Government broken already . Beside , that the Authours of that Violence can never be secure , but by following it with more and greater . And this comes presently to be a natural transition from a murmur against the Successour , to a Tumult in the State : In which Case , the King has only this Choice before him , either to part with every thing for the asking , or to stand the shock or a Rebellion . Now take it either way ; here 's much a greater mischief incurr'd , than that we feared ; beside , a Sanding-Army , Taxes , and Oaths that follow in course ; and a new Set of Liberty-keepers , and Major-Generals to preserve the peace . I speak this in the contemplation of a violence without a lawful Authority to back it ; which is the thing that some people have in prospect . This is the Scene of things at home and abroad , we shall undoubtedly see the Successours Interest and Reputation , e●creasing daily , in regard of his Sufferings , his Title , and his Religion : having Scotland to friend , over and above : and probably , ( as it is at present ) the place of his Residence . But these are , as yet , all dormant Interests , and not to be employ'd , till either his duty to his Majesty , or Justice to his own pretensions shall require their Aid . Take it the other way now : In the case of a Pop●sh King , who is either kept out ( as I said before ) or d●iven out from the exercise of his right , by the tumultuary licence of the Rabble ; an Oath of Abjuration in case of any fair opportunity for him to assert his Claim with his Sword in his hand , will be so far from engaging any man against him , that yielded contrary to his conscience to swallow it for the saving of his stake , that he will find no firmer Friends to his Cause and Interest , than those men that are stimulated both by Honour and Revenge to the execution of their Duties . For there is no hatred so fell and deadly , as that which has for the object of it the Authors or Contrivers of our damnation ; and the hazard is so much the greater , in regard of the difficulty to discover either the persons or the strength of their Enemies . And whether that King makes any attempt or no , the Nation must be at the charge , at least of a defensive war , and of Impositions to maintain it . And this will be the inconvenience even in the bare prospect of the state of the Nation without a blow striking . But from Scotland at least , if not from Ireland too , they must expect to be ply'd with continual Alarms , till the insupportable expence of guarding the Borders and the Coasts ; shall make them as sick of their new Patriots as ever they were of their old ones ; and force them at last ( or perhaps sooner than they are aware ) to render themselves and their Spoil to their irresistible conjunction of so many Powers , as will be then Confederate to their destruction . And then comes in the Popery in earnest , that was dreaded but in fancy before . When this new King shall by the proper act and forfeiture of a seduc'd and unforeseeing people , be deliver'd from the Fetters of both Honour and Laws ; who brings in Popery then , but they that discharg'd him from those sacred Bonds by the solly and con●umacy of their own inconsiderate Undertakings ? Compare now the dangers of a Popish King bounded by Protestant Laws , and ruling over a Protestant People , where he may be as happy as an Imperial Crown , and the Affections of his Subjects , can make him . Compare ( I say ) a Popish King under these gracious and obliging Circumstances , in the quiet administration of his Government , with a Prince that is forc'd to make his way with his Sword for the recovery of his own , and is not onely prick'd on by the impulses of justice and vengeance , but animated by the Pope himself , and provok'd by indignation to take the utmost advantage of that foolish forfeiture , ( the people themselves having cancell'd the Bonds of Authority and Obedience . ) Let any man compare these two cases , and then speak his opinion . There is one p●int yet behind , that goes further ( I think ) than any of the rest . If it be reasonable to believe ( as we are often told , and no Mortal can deny it ) that our Religion is an Eye sore to the Church of Rome , and that this Island would make a considerable addition to our victorious Neighbours late Conquests ; what way in the world could be propounded more to the advantage , both of the Crown of France and the Court of Rome , than the bringing of matters to the issue here in question , when in the powerful and liberal Assistances to this supposed King for the regaining of his own , the one and the other are but doing of their own business ? This Prince in the mean while being led to the one by inclination , and overborn upon the other by Necessity . Here 's enough said to lay open the miserable effects of popular motions in matters of this high importance ; and so I shall pass forward , submitting what I have said upon this occasion to the judgment and determination of my Superiours . The remainder of the last Paragraph above cited is fully answered already , bate onely the Clause that I am now about to proceed upon . Char. Whilest we are thus enslaved ( says he ) by a medly Government , betwixt Tyranny and Usurpation , by establishing a Papist on a Throne , we are so far from preserving the Crown , that is , the Imperial Dignity in a right Line of Succession , that we do not preserve it at all ; but on the contrary , extirpate and destroy it , whilst by Enthroning a Papist , we totally Subvert and Depose the very Monarchy it self . And can it be the Duty of either Englishmen or Christians , to have that Zeal for a Corrupted , Leprous Branch of Royalty , that we must ruine both Religion , Government and Majesty it self to support him ? It is a strange way this of shewing a Mans Honour for his Prince , by blasting the very Bloud of his Brother ; or of expressing his love to Monarchy , by treating Majesty , tho but in reversion , at so course a rate . But it is upon a Principle that may be supported by Imperiousness and Heat ; in regard that it will not bear the Test of a modest Debate ; and a corrupted , Leprous Branch of Royalty is the dint of the Argument . But what does he mean to confound Civil Power and Religion thus , and impose upon the World a Paradox , that for want of rightly dividing , endangers both ? Government is matter of Publique and External Order ; and a Divine Provision for the Peace , Comfort and Security of Mankind : wherein all the several parts are bound up in one Community , to attend the Interest and Conservation of the whole . Whereas Religion is the business of every individual apart , and only so far cognizable in a State , as it affects the Civil Power . What can be more gross than to talk of fighting for Religion ? or to pretend to the maintaining of that by Arms , that is not liable to Violence ? Did ever any Man hear of a Religion that was either shot or cut ? Nor can there be any Confederacy or Association purely upon the score of Religion , for how shall People agree to defend they know not what ? which is the very case when one Man undertakes for the Religion of another . If our Religion be assaulted by Argument , we may assert it by Redargution : But when the Opposition advances into any over act , the case is no longer Religion , but Political Safety . Beside that Government is Gods Ordinance for the common benefit of Human Society , and of Pagans , as well as of Christians , without any regard to this or that Religion : for Bedies Politique have no Consciences ; but every particular indeed , stands or falls to his own Master . I cannot but observe through what degrees the Character has advanced the Popish Successor . First , From the possibility of a good Man , and then from bad to worse ; till he has made him ( fol. 14. ) a Corrupted , Leprous Branch of Royalty ; and , at next word , a downright Traitor , upon the Statutes of 23 and 13 of Queen Eliz. and another of Hen. 8. ( Fol. 15. ) This matter being , ( as I am informed ) at present coram Judice , I shall say no more to it than this , that there are two Provisoes in the 5th of the Queen , that make the Case somewhat different from what he has stated it : As for Instance : Provided alway , that forasmuch as the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of Her High Court of Parliament ; Therefore this Act , nor any thing therein contained , shall not extend to compel any Temporal Person , of or above the degree of a Baron of this Realm , to take or pronounce the Oath abovesaid , ( viz. of Supremacy ) nor to incur any Penalty , limited by this Act for not taking or refusing the same , &c. II. Provided also , that if any Peer of this Realm shall hereafter offend contrary to this Act , or any Branch or Article thereof , that , in that and all such Case and Cases , they shall be try'd by their Péers , in such manner and form as in other Cases of Treasons they have used to be Tryed , and by no other means . It would be well if every Man that presses , with this un-precedented rigour , upon the Person here in question , would lay his hand upon his heart , and say , if the King has pardoned me Te● Thousand times more than this comes to , with what Reason or Conscience can I importune His Majesty thus bitterly against His Brother ? After all these Clamours about a Popish Successor , I would fain know how it is possible for any Man to be other than a Papist , in our present condition of Affairs . A Church-of England-Man is a Papist to the Dissenters ; a Presbyterian and an Independent so one to another ; a Quaker to both ; and among the Eight Score several Sects of Heretiques and Schismatiques that Paget and others , have reckoned up since Liberty of Conscience came in Fashion ; there are just so many sorts of Papists among them , in the Opinion of one Sect or another . He has a Paragraph ( fol. 15. ) where , under the People of England , he expounds himself to mean their Representatives ; which is a point I am not to touch upon : Only , I must confess , he has drawn the Arrow to the Head , in one expression in it . Why should not they ( saith he ) the House of Commons ) be as active and vigorous for their own Royal Inheritance , and Sacred Succession of Power , as a King for His. What he means by this Royal inheritance , and Sacred Succession of Power , I shall remit to the Consideration of the Learned . ( Bradshaw indeed pass'd a Sentence upon the Late King , as a Traytor to the ROYALTY of the People . ) But the strongest Argument for himself that I find in the whole Book , is five or six Lines lower . If ever a Papist m●unts this Throne ( says he ) then all their Murmurs , their Petitions , Protesting and Associating-Votes will be remembered to the purpose . Now what can be a greater indignity to the Justice and Resolution of that Illustrious Body , than to imagine that so narrow a thought could any way influence the Candour and Solemnity of their Debates ? He spends his sixteenth Page upon Instances out of Hen. VIII . to prove the Succession of the English Crown to be wholly subjected to the Disposal , Determinations and Limitations of Parliament . How far his Assertion is right or wrong , I shall not concern my self . But however , as he has ordered the matter , it makes nothing at all for his purpose . The Parliament ( he says ) 25 Hen. 8. ) settled the Crown upon the Heirs of that Kings body by Queen Ann ; and in the 28th . Repealed that Act , and Entailed the Succession upon the Heirs of his body by Queen Jane ; Mary and Elizabeth being declared Illegitimate . And in Case he Died without Issue , then the Parliament empowered him by the same Act , to dispose of the Succession by his own Letters Patents , or his Last Will. In the 35th Year of his Reign the Parliament granted the Succession to Edward ; and for want of Heirs of his Body , to the Lady Mary , and the Heirs of her body ; and for want of such Heirs , to the Lady Elizabeth , under certain Limitations and Conditions contained in that Act. From hence he infers , that a Parliament may order and dispose of the Succession . But whether they may , or not ; here 's little or nothing prov'd from these Citations . First , under the ambiguity of the Word Parliament , he would have this thought to be the single Act of the Lords and Commons , when the Enacting Authority of it was solely in the King. And yet he says expresly that Henry 8. was so far from submitting to Parliaments , that he would never have complemented them with a power that was not their due . If that power did belong to the Parliament , what needed they the King's authority for the making of it good ; or to divest themselves of that power , by transferring it to the King , to dispose of the Reversion , or Remainder of the Crown , by his Will , or Letters , Patents , to such person as he pleas'd ? Secondly , These Statutes do not so properly transfer a Right as declare and notifie the persons ; for the prevention of disputes , and competitions ; as appears by the Preamble to that of the 28th . Wherefore , We your most humble and obedient Subjects , in this present Parliament Assembled , calling to Our Remembrance the great Divisions which in Times past have been in this Realm ; by reason of several Titles pretended to the Imperial Crown of this Realm , which some times , and for the most part ensued , by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection , and posterity of the Lawful kings and Emperours of this Realm ; whereof hath ensued great effusion and destruction of Mans Bloud , as well of a great number of the Nobles , as of other the Subjects , and especially Inheritours in the same . And the greatest occasion thereof hath been , because no perfect and substantial provision by Law hath been made within this Realm of it self ; when doubts and questions have been moved and proponed of the certainty and legallty of the Succession , and Posterity of the Crown , &c. Now , so far is the intent of this Act from diverting the Succession , that the express end of it was the setting of it right , by the avoidance of a former Settlement upon the nullity of the Marriage . And afterward , 26th of the same King , cap. 2. the Act here before mentioned is called , The Act for the Establishment of the Succession of the Heirs of the King's Highness in the Imperial Crown of this Realm . Now there 's a great deal of difference betwixt translating the Succession from the wrong to the right , and the diverting of it from the right to the wrong . Thirdly , this change and disposition of Settlement , tho it pass'd all the formalities of Bill and Debate , yet the first spring of it was from the certain knowledge of the Kings pleasure to have it so , without which they durst never have ventur'd upon such a Proposition . Fourthly , Matter of Fact in this case is no proof of Right , and especially a Fact accompanied with so many circumstances of Cross-Capers and Contradictions , as the pronouncing of the same persons to be both illegitimate and legitimate , &c. And a man cannot imagine , without a scandal to that grave and wise Assembly , that the levity of those Counsels , and that humour of Swearing and Counterswearing , could be any other than the caprice of their new Head and Governour . Fifthly , with reverence to the Utility and Constitution of good and wholesom Laws , it is not presently to cite a Statute and say , There 's a Precedent ; for those Laws that are repugnant to the light of Nature and common Right , are N●llities in themselves . Lastly , he brings instances here to prove , that a Parliament may divert the Succession ; but he shews withall , that there can be no security even in that exclusion , in shewing that what one Parliament does , another may undo . So that we are now upon equal terms of security or hazard , either in the exclusion of the Successor , or in the restraining of him . For if he be tied up by one Parliament , another may set him at liberty ; and if he be excluded by one Parliament , another may take him in again . But he that shapes his own Premises , may cut out what Conclusions he pleases . Char. If then ( says he , which no man in his right wits can deny ) our Religion , Lives . and Liberties , are onely held by a Protestant Tenure ; and the Majesty of Englfnd not onely by the force of his Coronation Oath , but by all the Tyes whatever , ought to be the Pillars and Bulwark of the Protestant Faith ; and at the same time granting , that we have a Popish Prince to inherit the Imperial Crown of England ; he ought certainly in all justice as little to ascend this Throne , as Nebuchadnezzar ought to have kept his , when the immediate Blast of Heaven had made him so uncapable of Ruling as a King , that he was only a Companion fit for Brutes and Savages . fol. 17. It is true , that we hold the exercise of our Religion by a Protestant Tenure , with a respect to a political union : but every man holds the Religion it self that he ventures his Soul upon ; not on the Tenure of Laws and Constitutions Humane , but on the Tenure of the divine will and pleasure : Providence having dealt so graciously with Mankind , that , albeit in our Bodies and Estates , which are only corruptible , and temporary , we lye exposed to Torments , Persecutions , Violence , and the Iniquities of Times and Seasons ; Our Nobler Part is yet exempt from the Outrages , either of Men or Beasts ; and our faith , hope and charity , treasur'd up , where neither Rust nor Moth doth corrupt , and where Thieves do not break through and steal . As for our Lives and Liberties ; we hold them by the Common Tenure of Government ; the Common Right of men bound up in a Civil Society ; and under the Protection of such and such Laws and Provisions , for the Common Benefit and Security of the Whole , and Every part : And all this , clearly abstracted from this or that Religion . In the cases of Treasons , Felonies , Riots , false Oaths , Forgeries , Scandals , and other Misdemeanours , that endanger the Publick peace ; I do not find that the Law puts any Difference betwixt Criminals , because they are of several Religions ; The Protestant Tenure of the King's Judges signify'd no more in the eye of the Law , than if they had been Powder-Plot Jesuites . But to come now to his Protestant Tenure ; and to close with him upon it too . ( But as a Supposal not to be supposed . ) If he means by this Protestant Tenure , the Protestant Religion of the Church of England as Established by Law ; and that it is by this Tenure , that we hold our Religion , Lives and Libertiers ; it will concern us to support this Tenure ; but in such manner yet , as the Law directs : For to set up a Tenure without a Law , or to assert a Tenure against a Law , will not be for the credit of our Authors Pretensions . If he means the Dissenting Protestant Tenure ; He removes the Very Basis of all our Laws and sets up the Title of the Multiude against that of the Government . And further ; this Protestant Tenure of his , cannot be understood barely of the Doctrine of the Church of England ; ( as in Our Nine and Thirty Articles ) for first , there are several points of them that are opposed and rejected by the Men that value themselves upon this Character ; And Secondly , Our Laws fall not shorter in any thing perhaps , of so great Importance , than in the point of Competent Provisions for the Suppressing and Punishing of Heretical , and Blasphemous Doctrines . So that this Protestant Tenure must of Necessity have a Regard to the Vniformity of worship , according to the Forms , Rights , and Ceremonies by the Law in that case provided : And in this sence I must confess that our Lives , Liberties , and the Religion of the Government ( tho' not directly , yet in a most Rational Consecution of dangerous Probabilities ) lye all at stake . Wherefore again and again I say ▪ let us joyn with our Author in the maintaining of this Protestant Tenure . For tho' the intent of it be only to intimate a Jelousy of Popery to the multitude ; we shall yet find it , upon Examination , to have a Loyal Aspect toward the Government . Here is an Vniformity prescrib'd ; which is neither a New thing to us , nor an Vnnecessary . Not a New one ; for it has descended to us from the time of Edward the Sixth ; and it was the only Expedient that Queen Elizabeth could find out , for the safety of her Person , and Dominions : That Excellent Queen Elizabeth , ( as our Author says , fol. 17 ) Vnder whose long and gracious Reign , England was so highly blessed . Nay , and so sacred is the Providence of Order , that Notwithstanding all the fulminations of the Pope , and the Numbers , as well as the dangerous Practices , of the Papists , on the one hand ; and the Impetuous Clamours and Importunities of dissenting Protestants on the other , Charging both her self and her Ministers with Popish practices and designs . This steady Queen did yet ( I say ) preserve her Princely dignity , and the Reputation of her People , both at home and abroad ▪ and at the same time , maintain her ground against two potent Factions ; by standing firm to the Rules , and Methods of her Ecclesiastical Discipline , And it is Remarkable , that the state has still been more or less at ease in measure , as That Discipline has been either upheld , or Relaxed . In Forty and Forty one this fence was thrown down ; and I need not say , after the overturning of that Bank , what Monsters were bred out of the Mud , upon that Innuundation . In the 14th . of his Majesties Reign , and after his blessed Restauration , This Uniformity was re-inforc'd ; and in the 16th . follow'd an Act for supp●●ssing Sedicious Conventicles . And now you shall see how much it behoves us to stand by our Protestant Tenure , and how far our Religion , Lives , and Liberties are concerned in so doing . The Reformed , or Protestant Religion , both in Doctrine and Discipline , as it is settled by Law ; is the Protestant Tenure here in question : And what Party soever enterprizes upon the worship here Establish'd , usui●ps upon this Protestant Tenure . It has been the wisdom of the Government , from time to time to require an Vniformity , in the manner and circumstances of our Worship ; and upon what motives and apprehensions they were induced to observe those measures , will best appear from the Acts themselves . To begin with the Act of 1 Ed. 6. it was intended for the gaining of an Vniform , godly and quiet Order . 35. Eliz. There was a Provision made for the preventing and avoiding such great inconveniences and perils as might happen , and grow by the wicked and dangerous practises of Seditious Sectaries , and Disloyal Persons , &c. Where it was made penal so much as to be present at a Conventicle . In the same year of the Queen , there was an Act against wicked and seditious persons , who termed themselves Catholicks , and being indeed Spies and Intelligencers , not only for her Majesties foreign Enemies , but also for Rebellious and Trayterous Subjects born within her Highnesses Realms and Dominions ; and hiding their most detestable , and devilish purposes , under a fair pretext of Liberty of Conscience , do secretly wander and shift from place to place within this Realm , to corrupt and s●ouce her Sajesties Subjects , and to stir them to Sedition and Rebellion , &c. 3 Jac. An Act for discovering and repressing Popish Recusants , 14 Car. 2. The intent of this Act was the settling the Peace of the Church and allaying the present distempers which the indisposition of time had contracted . Many People in the late Troubles having béen led into Factions and Schisms , to the great decay and scandal of the Reformed Religion of the Chnrch of England , and to the hazzard of many Souls . And lastly , 16 Car. 2. An Act for suppressing Conventicles , providing for further and more spéedy Remedies against the growing and dangerous Practices of seditious Sectaries , and other disloyal persons , who under pretence of tender Consciences , do at their Méeting contrive Insurrections , as late Experience hath shewed , & c.. From these Citations we may collect both the intent and the necessity of an Vniform Worship , and upon what Considerations these Acts were made ; and it appears undenyably from those Outrages that follow'd upon the Peoples breaking loose from this restraint , that the Lawmakers were not deceived in their foresight . Nor could any other be expected , but a liberty of practice after a licence of profession , and that after a dissolution of the Law there should be no longer any regard had to Religion or Manners . But what do we talk of Religion in a Tune ? The sounds of things and empty words , when they come once to be followed with flagitious actions and execrable effects ? Was the Venom of the Covenant ever the less Diabolical for the holy Style of it ? Will [ Your Majesty's most humble and obedient Subjects ] attone for the robbing and the murdering of their Soveraign ? Christ and his Truths is every jot as good a Claim as a Protestant Tenure . And yet I 'le shew you here the Contumacy of Lucifer himself under that Mask , and the very Soul of their Hands-up-lifting Covenant ; which tho under the name of Cargils Covenant , is the Old Covenant still , onely a little rank with keeping . The last Speech and Testimony of WILL. GOGOR , one of the three desperate and incorrigible Traytors executed at the Grass Market in Edinburgh , March 11. 1681 , for disowning His Sacred Majesty's Authority , and owning and adhering to these bloudy and murdering Principles , contained in that execrable Declaration at Sanquhat , Cargils Traitorous Covenant , and Sacrilegious Excommunicating of the KING , by that Arch Traytor Cargil , and avowing of themselves to be bound in Conscience , and by their Covenant , to murder the KING , and all that serve under him ; being Armed ( the time they were appreh●nded ) for that purpose . Men and Brethren , THese are to shew you , that I am come here this day to lay down my Life for owning Christ and his Truths ; and in so much as we are caluminiated and reproached by lying upon our Names , and dreadful upbraiding of us , with saying , That we are not led by the Scriptures ; and say , We have taken other Rules to walk by : I take the Great God to be witness against all and every one of them , that I take the Word of God to be my Rule , and I never designed any thing but honesty and faithfulness to Christ ; and for owning of Christ and the Scriptures this day I am murder'd , for adhering to the born-down Truths I am condemned to die ; and I also leave my Testimony , and bear witness against all the Apostate Ministers this day , that have taken favour at the Enemies hands , The onely thing they take away my Life for is , because I disowned all those bloudy Traytors not to be Magistrates , which the Word of God casts off , and we are bound in Conscience and Covenant to God , to disown all such as are Enemies to God , and which they are avowed and open Enemies to Christ ; And they have made void my word , saith the Lord. Say what ye will Devils , say Wretches , say Enemies , say what ye will , we are owning the Truth of Christ and his written Word ; and condemn me in my Judgment who will , I leave my Bloud on one and all that say we are not led by the Scripture ; I leave my Bloud upon you again to be a Witness against you , and a Condemnation in the great day of Judgment . I have no more to say , I think this may mitigate all your rage ; and so forth . I leave his Enemies to his Curse , to be unished into everlasting wrath for now and ever . Amen . Sic subscribitur Will. Gogor . Methinks this Specimen of an Enthusiastick Zeal should make men wary how they deal with these guilded Pills after so damn'd an operation . And it is not to say , that this is the transport of a mad man ; but it is the effort of the very Principle , and the whole strain of them that has been taken off by the hand of Justice , ( not for treasonous words neither , but actual rebellions ) have so behaved themselves at the last cast , as if the whole Schism were upon a vie who should damn bravest . These stories are no Meal●tub Shams ; Death and Damnation are past ●oolling . But how comes it that we that wear Christ in our Foreheads should carry Antichrist in our Hearts ? and under the name of Christians walk so contrary both to the Doctrine , and to the Example of our suffering Saviour ? As if the mere Profession of the Gospel did not onely make void the Scope and Precepts of it , but extinguish in us the very Dictates of right nature ; and then as Protestants under the pretended abomination of Popery to set it up ; that is to say , upon impulse of Religion to do in any sort whatsoever a manifest wrong . Let the end be never so good , it must yet upon the score of Conscience be warranted by lawful means , and with such a regard to Prudence too , that the means we make use of toward a good end , may not be imployed to a bad one . One man wishes a Reformation in the Government , another skrews himself in under the same Pretence , but to destroy it . It would be endless and nauseous to farce up a Pamphlet with Citations , in a case where the whole Story of the World is so full of Precedents . How came it that Hen. 8 when he was suspected to be more than half a Protestant , proceeded so quietly and without Opposition , in Declaring and Limiting the Succession ? and then that the Lady Elizabeth ( his Daughter ) being a profess'd Protestant and the Major Party of the People Papists , came to the Crown , without any considerable Objection to her Religion ? We do not find , notwithstanding the Branded Apostacy of Jeroboam , that made Israel to Sin , that his People yet laid hold of any pretence to Rebel against him . We do not read in the Story of Ethelbert King of Kent , upon his being Converted to Christianity by Angustin the Monk , that his Subjects , though Pagans , ever took up Arms against him for 't . Nor that the Pagan Subjects of any of the Other Saxon Kings in their Heptarchy , opposed their Sovereigns , for Change of Religion ; neither was there any Persecution on the King's Side , for matter of Religion . Bonos principes ( says Tacit. Hist. Lib. 4. ) Voto expetere debemus , &c. We are to pray to God for Good Kings , but to submit to them whatever they are . Tertullian ( Apolog. 30. ) Christianus nullius est hostis , &c. The Christian ( says he ) is no Mans Enemy , much less the Emperors : for knowing that he Governs by Gods Appointment , he cannot but Love , Reverence , Honour and Wish him well , with all that belong to him , and therefore we pay that Veneration to him that belongs to him , as being next immediately under God ; what he has is from God , and God is only his Superiour , &c. And so far were the Primitive Christians from opposing their Superiours , that they would not allow so much as a dis-respectful word to be given them . There was no turning of Princes in those days , a grazing with Nebuchadnezzar among the Beasts ; no calling of them Gangreen'd , and Corrupted , Leprous Branches of Royalty . But the very Apostles Canons provided against those rude indecencies that reflect not only upon his Popish Successor , but upon all the Crowned Heads of Christendom of that Perswasion . Quisquis Imperatorem , &c. ( says the Canon ) Whosoever shall speak ill of the Emperor , or of the Magistrate , let him be punsh'd . If a Clergy-Man , Depos'd ; if a Lay-Man , Excommunicated . But what needs this recourse to the Examples and Judgments of Antiquity for the clearing of Christianity in a case where the common Principles of Human Nature are sufficient to set us right ? First , There is the violation of a Gospel-Precept , in doing evil that good may come of it , As certainly the divesting of a Prince of his right , in an unwarrantable way of doing it , is a very ill thing . I speak all this while to the Character of a Popish Successor ; which pushes on the People , hand over head , to the end , without that regard to the Means , which the Cause , I think , does require : But after this , when a lawful Authority intervenes , the state of the Question is quite another thing ; for it is no longer Religion , but Policy that will be the Subject then in consideration . Secondly , The admittance of this Position does in a Complement to Christianity , overthrow all Religion , and puts all Christians into a state of Hostility : for there are some particulars , undoubtedly , of all Perswasions that do firmly believe themselves to be in the Right . And then consequently , every divided Party is that to the other which a Popish Successor is to the Author of the Character . And at this rate Christians are in the worst condition of all Mortals , by making it a point of Conscience to Enter worry one another . To say nothing of the Scandal they bring upon the Gospel , by erecting this Rigorous and Sanguinary Doctrine upon the Foundations of Meekness , Charity and Peace . And this Position does not only confound the Harmony that ought to be among the Disciples of Jesus Christ ; but superinduces an utter Subversion of the Fundamentals of Government and Obedience . For to say that a Prince of another Faith may be Deposed , or Secluded for his Religion , does not only Authorize , but provoke a Prince of another Perswasion to render the same measure to his People ; and it absolves both the One and the Other from the obligation of that mutual Correspondence which is necessary betwixt them for the conservation of the Community . Nor is it all , that the Maxim it self is pernicious , ( which many times is the ill hap of a fair intention ; ) but there is so gross a Partiality in the Conduct of this Character , that a Man must have a great deal more Charity than appears in the Author of it , to allow it so much as the possibility of a good meaning . Here 's a Clamour advanc'd in the Name of the English Protestants , against a Popish Successor . But upon what ground ? Because it is a Persecuting Religion . Well! and what Religion is it in a Successor that would please them ? The Protestant Religion . But the Religion of the Church Protestants will not please the DISSENTING PROTESTANTS ; and then , 't is impossible for the Dissenting Protestants to please one another ; and as impossible for a Successor of any one Religion to please them all . But now which of these Protestant Religions must he be of ? for there are a matter of Two Hundred Divided Sects that list themselves under that denomination . Well! but if they be True Protestants they 'll Vnite against Popery . Yes , As the Fellow united his Ratts , he put them all into a Tub together , and then they eat up one another . View them well , and you shall not find above three of four of them that have any consistence one with another . And which are they ? nay , that 's a Secret. But if Popery be so dreadful , because it is a Persecuting Religion ; why is not the Writer of this Character as sensible of 150 Persecuting Religions on the one side , as of One Persecuting Religion on the other ? God preserve the Church of England , I say , from both . Or if that bitter Cup be our Lot , the Lord in his Mercy grant that we may not add Sedition to Persecution . It were no Ill Embleme of the Original of our Late Troubles , to phancy a Man in a Fright , and leaping from a painted Lion upon a Wall into a Bed of Vipers . And no better are the pragmatical part of the Revolters from our Communion , while in the mean time , Thousands and Thousands of the Credulous and Well meaning Multitude are by them inveigled to their destruction . About the middle of the 17th Page , the Character-Man is either laid down to take a Nap , while some other less skilful hand supplys his place ; or else he writes on in his Sleep . And it would have been well , if all the rest too had been no more than a Dream . There is a Finical Marchpane Spark here about the Town , that takes a huge deal of pains to get himself suspected for the Author of this Book ; he makes me think of a little Gentleman in a Yellow Coat , that would still be talking how rarely he plaid o' th' Organ ; and this poor Wretch phancied that he made all the Musique , when it was his part only to draw the Bellows . He has done some very pretty things , they say , upon Touzer . But for this Character , I dare venture to be his Compurgator ; at least to the middle of the 17th Page . But further I dare not undertake ; for the next two rages and a half , a Man may trace them upon the Hoof to the very Ink-pot . His Story of Paris's Mother , ( some body should have told him that it was Hecuba ) that dream'd she was deliver'd of a Fire-brand . His Debate upon the Parallel betwixt the dis-inheriting a Private Popish Heir , and a Popish Successor . His Proposal of the Successors following Curtius into the Gulf ; the Third-bare Story of Damocles's Sword. And then his Argumentum à fortiori : These fragments might possibly be the Fruit of his own Minerva . But now , toward the bottom of the 19th Page we have the First Hand again . Char. But to Sum up all ; ( says he ) if no reason must or shall prevail ; and that right or wrong a Papist must succeed : when all the inseparable Cruelties of Pope and Popery shall surround us ; suppose the worst that may be , that the dreadful approach of certain Slavery , so opposite to the Free-Born Genius of England , has exasperated them into a Spirit of Rebellion : What is it but the Pestilential Ayer of Reigning Popery , that bloats and swells them into that Contagion ? And if this Popish King Summons all his Thunder to punish them for 't , what can the greatest Favourer of Rome make more on 't , than that he warps them crooked , and then breaks them to pieces because they are not streight . [ Just as he serves his Popish Successor ; he draws ye the Picture of a Tyrant , and then Deposes him ] And what 's the whole Sum of a Revolting Nation under a Popish Tyrant ? but using a violent Cure to expel an Universal Poyson . Fol. 19. This Clause is only Buchanan , Janius . Brutus , &c. Translated into English , and for brevity sake , a fair hint toward a Rebellion , and an Apology for it , both in one . As who should say , If it must come to a Popish Successor the English Genius would never brook it , and there 's no remedy but one , that is to say , a Revolt ; which they may e'en thank themselves for . And then , up goes Forty One again ● the Factions dismount the Government , set up for themselves , and so go on , plucking down him still that is uppermost till they come from Reforming to Levelling ; and there is an end on 't . I would he had not been so positive upon the Free born Genius of England ; for we have been inveigled actually into a slavery under Cobblers , and Tinkers . We that with so much Indignation at present , oppose ourselves to the bare Possibility of a Royal Successor . And that have Sacrificed three Kingdoms already to those degenerate fears . Char. But here ( says he ) will some pretended , Pious , Objector say ; How shall we dare to Revolt ? Remember we are Christians , and we must Obey ; or at least yield a Passive Obedience to our King ; be his Religion , Principles , or Government , never so Tyrannique , He is still the Lords Anointed , and our Native Sovereign . I would ask ( says he ) what this Lords Anointed is . And who t is is our Native Sovereign . When instead of being free-Subjects , Pope and Tyranny shall rule Over us ; and we are made slaves , and Papists ? That Person is the Lords Anointed who by Gods Providence , and a Legal Succession of right to the Crown , is the Supreme Magistrate ; whom , if we may cast off for Popery and Tyranny , we may depose at any time , by saying That 's the Case : For 't is but saying so , to make it so . Nay , and he goes further yet . For here 's a Prince Depos'd , for fear he should be so ; without any allowance for intervening Contingences . Or any Limits to the Extent of the Prospect . So that 't is but the carrying on of our Jealousies to future times , and without any more to do , dissolve the Monarchy upon the self-same Contemplation . It would be as pertinent a question now , what are those Free Subjects , as what is This Lords anointed ? If by this Freedom he would intimate an Exemption from the Law ; His Free-Subject is a palpable contradiction ▪ For in This Case he makes the Lords Anointed the Subject ; and his Free Subject the Lords Anointed . Char. We are bound indeed ( says he ) by our Oaths of Allegiance to a constant Loyalty to the King and his lawful Successors . Very Right . By that Oath we are bound to be his lawful Successors Loyal Subjects ; but why his Loyal Slaves ? Or how is an Arbitrary , Absolute Popish Tyrant any longer a Lawful Successor to a Protestant Established , and bounded Government ? When lawfuly Succeeding to this limited Monarchy , he afterwards violently , unlawfully , and Tyrannically overruns the due b●unds of Power , dissolves the whole Royal Constitution of the Three Free-States of England , and the Subjects Petition of Right ? whilst wholly abandoning those Reins of Government , which were his Lawful Birth-Right , and making New ones of his own Illegal Creation , he makes us neither those Free-born Subjects we were , when we took that Oath , nor himself That King we swore to be Loyal to . What have we here but a Jesuitical Dispensation for the breaking of an Oath , and slipping our Necks out of the Collar of our Allegiance by a Mental Reservation ? First , We swear in this Oath ( as in all others ) to the Sense of the Authority that imposes it . And can any body imagine that the Government impos'd this Test of Allegeance upon the People , to leave them still at Liberty to play fast and loose with Reserves and Qualifications of their own : And so to frustrate the main intent of the Oath , by accommodating the Exposition of it for the serving of a Turn , or a Faction ? The Oath binds them to Subjection ; and they absolve themselves of That Subjection by giving it the Name of Slavery . And so every man is left at pleasure to take off his own Shackles . But what if it were Slavery it self ? The Prince were to blame for straining his Authority , but the Subjects nevertheless Criminal , on the other side for withdrawing their Duty . He has found a Loop-hole to evade This Oath , by turning SVBIECTS into SLAVES . But That will not do his business , without turning a Lawful Successor to a Protestant Establisht and bounded Government into an arbitrary , absolute , Popish Tyrant . In which supposition he holds forth This Doctrine to the People ; that in This Case , there is a Forfeiture of the Government ; and that this is the very Case which we have now before us ; wherein , contrary to Law , Reason and the Fundamental Essentials of all Government , he does , as much as in him lyes , authorize and incite the Multitude to a Sedition . I answer , that the Law is clearly against him ; for tho the Prerogative is bounded , the Duty of the Subject is yet left unconditional , there being no Law , nor so much as the colour of any , incase of the Kings passing his legal Limits , to absolve the People of their Allegeance . And it is not the Plea of Provocation , or the exercise of a Tyrannical Power , that will save the Subject from the Sentence o● the Law , in case of any disloyal act of Assault or Resistance . It is against Reason likewise , that the Inferiour shall overrule the Superiour , and invert the last Resort of Decision and Judgment from the Prince to the Subject . It is , lastly , destructive of Government it self , to suppose such a Reserve in a Political Constitution , as carries the last Appreal to the People , which is the case in this Proposition . The King as a Trustee that abuses his power incurrs a Forfeiture , ( as our Author will have it ) of that Trust ; and so all subordinate Trustees may incurr the like Forfeiture , till all Communities are melted down again into the ridiculous conceit of the Original Soveraignty of the Multitude , which is onely a Chaos of Anarchy and Confusion . He is over again here with the Royal Constitution of the three free States of England ; which must be understood either of the Lords Spiritual , Temporal , and Commons ; or of the King , Lords , and Commons , reckoning His Majesty to be one of the three Estates . Take it the former way , and instead of Your Majesty's Loyal Subjects the Lords and Commons in Parliament , ( which was the style even of the last Rebellion it self ) the Petition should run t'other way , and say , The humble Petition of Charles the second , to your Majesties the Lords Spiritual and Temporal , and the Commons ●ssembled in Parliament . Now take it as accounting the King to be one of the three Estates , that Imaginary C●ordination leaves him at the mercy of the other two whensoever they please . The Learned and the Right Reverened Bishop of Lincoln , in his Discourse of Popery , pag. 4. England ( says he ) is a Monarchy , the Crown Imp●rial , and our Kings Supreme Governours , and sole Supreme Governours of this Realm , and all other their Dominions , &c. In our Oath of Supremacy we swea● , That the King is the Only Supreme Governour , Supreme , so none ( not the Pope ) above him ▪ and Only Supreme , so none Coordinate or equal to him . The Character brings in the Subjects Petition of Right for a further countenance to his pretension ; but what noise soever it makes in the cars of the people , there is not one syllable in it that appears in his favour . And yet once again upon the presumptions ascresaid he grounds this Assertion , That in such a case neither is he the same King that we swore to , nor we the same Subjects that took the Oath . If this be not Rome against Rome , and Popery against Popery , I know not what is . But at the worst it is but paraphrazing upon the Oath of Allegiance as they did upon the Covenant . Give me leave now to retort the Argument . His Popish Success●r will be a Tyrant , ( he says ) for it is a Tyrannical Religion . But after all the stress of ●rreverent Language upon his R. H. he cannot charge any thing in the worldupon him , that looks that way , in his inclination . But yet here 's enough ( says he ) to conclude the Reason and the Necessity of his Seclusion . The Compiler of this Character would take it ill now , on the other side , if a man should say that his very argument against the Duke , holds as true against the Author of the Character . For that Dominion is founded in Grace , is the Principle both for which , and by which he pretends to Supplant the Successor . Now why may we not apprehend Sedition from the one , as well as Tyranny from the other ? Nay and with more Justice too ; considering that there is but a bare Contemplation the One way , and the Practice of an enflaming Discourse over and above that Contemplation , the other . Char. But alas ! ( says he ) that Bug-bear , Passive obedeience , is a Notion crept into the world , and most Zealously , and perhaps as ignorantly defended . Fol. 20. This Period brings him well nigh to his Journeys end : For , till now , he contented himself with only opposing the primitive Practices , and the Common Principles of Christianity , in justifying a Violence , upon an Impulse of Religion : But the making of Passive Obedience only a Bug-bear , and the Defence of it an effect of Ignorance , brings it home to the very person of our Saviour , and to the Doctrine that was delivered by those Holy Lips. So far ( says the Learned Prelate above mentioned , Pag. 55. ) was St. Paul from believing those Popish Rebellious Principles , ( Denying the Superiority of the Civil power ) and from Dissoyalty or Disobedience to that Imperial ( tho' Pagan ) Power under which he Lived ; that he publickly acknowledged , and humbly submitted to it . Nor was he only in his own Person Obedient , and a Loyal Subject to the Emperor , but ( writing to the Romans ) he did , as an Apostle of Jesus Chr●st , command them also to be Loyal and Obedient . Let every Soul ( every man ) be Subject to the Higher ( the Supreme ) Powers , &c. And then he adds , that they should render to them Tribute , Custom , Fear , Honour , and all their Duties . By Supreme Power there , he means men possessing Supreme power , and the Supreme power , under which He and the Romans then were , was Nero , a most Impious Pagan , and Persecutor of Christ , and Christians ; and yet every Soulq within his Empire , ( even Peter as well as Paul ) was ( by the Law of God , and the Gospel ) to be Subject to Him , to Fear , Honour , pay him Tribute , and Legally obey him . Nay the same reverend Prelate , ( Pag. 54 ) in confirmation of this Doctrine , cites the Precept of our blessed Saviour himself , as well as St. Paul. Our blessed Saviour ( Says he , whose Vicar the Pope pretends to be ) does himself pay Tribute to Caesar , ( Tho' a Pagan , and Idolat●r ) leaving us an Admirable , and most Pious Example of that obedience , and Loyalty due , even to Impious and Pagan Princes : N●r is this all ; for he further gives express Command , that all should render to Cesar the things which are Cesars . He acknowledgeth the Imperial rights of C●sar , of which his Impiety and Idolatry did not deprive him . Our Author said but just now , that Passive Obedience was no more then a Bug-bear , and a Doctrine groundless , and only slipt into the world as by the By. But he tells us now ( Fol. 20. toward the bottom ) that in case of a Vow'd Allegiance to an Absolute and Arbitrary King , a Passive Obedience was due : But what 's this ( says he ) to a King of England ? With his leave I take it to be the same thing as to the Peoples Obedie●ce or Submission ; tho' in respect of the assuming , and Exercising that Power , the Case , on the Kings side , is greatly differing , for the question is not whether the King does Well or Ill in forcing his Authority beyond the due hounds , but whether the Tyranny , on the one side , will justify an undutiful behaviour , on the other ? And the Law it self will easily determine . This Controversy . If the Subject be ty'd up by the Law to an Allegiance unconditional , ( as aforesaid ) and without any Exception , or qualification , to discharge him of that Duty , in any Cace whatsoever , the Cause is clear against him . And this is enough said to shew , that under the Masque of a zeal to crush one Sort of Popery , there is a design Carryed on for the introducing of another . See now what he says of Monarchy . Monarchy ( says he fol. 21. ) can be acquir'd but by two ways . First , By the Choice of the People , who frequently , in the beginning of the World , out of a natural desire of Safety , for the securing of a Peaceful Community and Conversation , chose a Single Person to be their Head , as a Proper , Supream Moderator in all Differences that might arise to disquiet that Community : Thus were Kings made for the People , and not the People for Kings This Principle of Popular Liberty , and placing the Original of Government in the People , is highly derogatory to the Providence of God ; contrary to the express Letter of the Text , and destructive of the very Being of Human Society , First , By implying Mankind to be cast into the World unprovided for . Secondly , It makes Magistracy , which the Apostle tells us ; ( Rom. 13. 2. ) is the Ordinance of God , to be of Human Institution , or at best , Nature's second Thought ; but in truth , an effect either of Tumult or Chance , according as Men were led to 't either by Choice or Necessity . Thirdly , in supposing Power to be radically in the People , and the grant of it to be only an act of conveyance by common Consent , and with a power of Revocation , upon certain equitable Conditions , either express'd or imply'd ; there goes no more than the Peoples recalling of their Power , to the dissolving of all Commu●ities ; and Humane Society , at this rate , lyes at the Mercy of the Multitude . But how this Revocation shall be notify'd , unless by way of Advertisement in one of the True Protestant-Anabaptist-Mercurys , I cannot imagine . But then consider again , That this Grant and Revocation must Pass with a Nemine Contradicente ; nay , and a Nemine Absente too : for one single Diss●●● , or the want of one single Vote , spoils all ; and makes , void both the Original Grant , and all that was done subsequent upon it : for by reason of that defect , it is no longer the act of the People . It may put a Man in admiration , to see what Credit this Phantastique and Impracticable Conceit has got in the World , if he does not observe the Address in the Application of it , and the use that is made of it . All violent Motions of State ( we see ) are wrought and brought about by the Favour and Assistance of the People . And there can be no readier way in the World to make them sure , then either to calumniate , or otherwise to lay open the Nakedness of the Government , and to tell them that Princes are only Trustees for the Peoples good ; the Sovereignty in themselves ; and that if Governours break their Trust , the People may resume their Power . When the Multitude has once imbib'd this Doctrine , the next work will be to set up for the recovery of their inheritance : and when it comes to that once , we need but look behind us to see the end on 't . Our Author has already admitted , ( upon this mistake of the Fountain of Power ) that the People may yet pass away their Original Right , without power of Revocation . Here indeed , ( says he , speaking of a Concession of Absolute Power ) a passive Obedience was due ; but what 's this to a King of England ? Now though the Doctrine of this Passage ( fol. 20. ) seems to clash with an Equity of Resumption , reserved to the People in the last Paragraph above-recited , ( fol. 21. ) I shall yet lay no hold of that implication , but turn the force of his own allowance against himself . If the Peoples alienation of their Power to a Prince , without conditions , shall stand good against them ; so shall the alienation of their Power also to a Prince , under conditions , stand every jote as good , within the limits of those conditions . And where shall we find those conditions , but in the Establish'd Law , which marks out the bounds , both of King and People ? Now if the Law Pronounces the King to be Supream in all Causes , and over all Persons , &c. and yet with some Limitations and Restraints upon his Prerogative : Suppose he passes those Terms , who shall judge him , but God if he be Supream , and has no other Power above him ? Or if the People have reserved , in such a case , any controuling Power to themselves , how comes it that the Law takes no notice of it ; but on the contrary , makes the Subjects accountable for any act of Disobedience or Violence to , or upon the Person , or Authority of the King , upon what pretence soever ? So that under the colour of opposing or preventing an Arbitrary Power ; the Law is subverted ( here ) at a b●ow ; and a Foundation laid of the most pernicious and shameful sort of Tyranny . He says that Kings were made for the People , and not People for the Kings , which is well enough , if he means that Kings were made for the Government of the People , which is the great Blessing of Mankind ; and not People for the Government of the King ; which turns Society into Confusion . But after all these words , to shew that Government Originally was not Popular ; I shall add a few more , to prove the Institution of it to be purely Divine : which opinion , in truth , needs not any other Support , than the Authority of the Holy Scriptures . By me Kings Reign , &c. I have made the Earth , the Man , and the Beasts that are upon the Ground by my great Power , and my Outstretched arm , and have given it to whom it seemed meet unto me , Jer. 27. 5. That which we now call Kingly Government was at first called Paternel , and after that Patriarchal , &c. And we find , by the Powers they exercised ( as Life and Death , War and Peace , &c. ) that their Paternal Power did Then extend to all the Acts of our Regal Power ; The Objection is , could there be a King without a People ? Which is all one with the Supposal of a Father without a Son. But This does not at all conclude that Adam had not both a Regal and a Paternal Power , before he had either People or Children , actually to govern , and exercise it upon : It being a thing so consonant also , to the Methods of the Divine Wisdom , to supply him previously with all needful Abilities and Authorities for the Discharge of his Fatherly and Governing Office : The whole Race of his Posterity , lying open , even before they had any Existency in Nature , to the Omniscience of God , with whom there is no PAST or FUTVRE , but all things , always PRESENT . Again , if Adam did not bring his Authority into the World with him , when did he receive his Commission ? Or , if he had none at all , how could he justifie the Arbitrary Rule he exercis'd over those People that were only his Fellow Subjects , under the same God , and without any Subordinate Ruler over them ? Or if Adam was vested with a Right of exerting the Power he exercis'd ; how came our Authors Imaginary Multitude to chuse a Governor of their own , in opposition to the appointment of Providence ? Or who absolved them from the Bonds of their filial and primary Duty and Obedience ? What he says afterward of Conquest , ( which he calls his Other Acquisition of Monarchy ) serves only for an occasion to tell us , that our Last Norman Conquest was little more than a Composition : which is an error and nothing at all to the point here in hand , which refers only to the constitution , and Settlement of the Government , as now it stands , without any respect to the manner of acquiring it . But he is now drawing to a conclusion . Char. If now at last , ( says he ) Popery must and shall come in , ( as by law it cannot ) and consequently must be restored by Arbitrary Power . If a new Monarchy , then a new Conquest , and if a Conquest , Heaven forbid we should be subdu'd like less than English-men ; or be debar'd the Common Right of all Nations , which is , to Resist , and Repel an Invader , if we can , fol. 21. This is spoken upon the supposition of a Popish Successors coming to the Crown , whom he calls an Invader ; ( though qualifyed with a Legal Title ) and he incourages Violence against him , tho' in this case the Law pronounces him a King : and this Resistance to be made like English-men too , that is to say English-men of the late stamp . So that there goes no more ( I perceive ) to the destruction of a Lawful Prince , but to say that he either is or will be this or tha● : And the King himself stands in as much danger , upon the admittance of this Principle , as his Royal Brother . But before Subjects proceed to these terms , which without a legal Authority are criminal in any case whatsoever , Malice it sel● will not deny , but that there ought to be an infallible certainty of the Inconvenience : whereas ( as I have said before ) this is a case lyable to many disappointments ; the prospect of it remote , the expedient unwarrantable , and the danger it self at last not so mortal as it is represented . He supports his presumption upon this ground for granted , that a Popish King must do whatsoever the Pope will have him do , and subject his people to the Tyranny as well as the Religion of the Church of Rome . What does he say to the French Kings Pyramid then , and the vindication of himself and his people in divers other cases , from the Insults of Rome ; and to several other instances already given in this particular ? Char. But to summ up all this ( says he ) I must say , the most vehement Disputants against the Peoples right of defending themselves , must at length ac●nowledge thus much , that whenever a Papist King shall by Tyranny establish the Popes Jurisdiction in England , undoubtedly in the eye of God he is guilty of a greater sin than that People can be , that with open Arms oppose that Tyranny . ; Fol. 22. This is a clause of double consolation : First , to the Author , that this Popish King shall be damn'd the deeper of the two . And , Secondly , to the People , that they shall go to the Devil in good company . Char. The very Essence ( he says ) of a Popish Successor is the greatest Plot upon England since the Creation ; a Plot of God himself to scourge a Nation , and make three Kingdoms miserable . This must be a very great Plot , if it be the greatest Plot that we have seen even in our days : a Plot upon our Laws , and it subverted them ; upon the Church , and it destroyed it root and branch ; upon our Estates , and it took them away by violence ; upon our Liberties , and it enslav'd us ; upon our Lives , and it was made death to do our Duties . It was a Plot that left us no other choice in many cases but Death or Damnation . If I had ask'd my revenues ( says the late King , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ sect . 24. ) my power of the Militia , or any one of my Kingdoms , it had been no wonder to have been denied in those things , where the evil policy of men forbids all Restitution , lest they should confess an injurious Usurpation . But to deny me the Ghostly comfort of Chaplains , seems a greater rigour and barbarity then is ever used by Christians to the meanest Prisoners , and greatest Malefactors , whom , tho' the Justice of the Law , deprives of worldly Comforts , yet the Mercy of Religion allows them the benefit of their Clergy : as not aiming at once to destroy their Body● , and to Damn their Souls . But My Agony must not be Reliev'd with the Presence of any one Good Angel ; ( for such ●account a Learned , Godly and Discreet Divine● & such I would have all Mine to be ; ) They that envy my being a King , are loth I should be a Christian , while they Seck to deprive Me of all things else ; they are a●●a●d I should save my soul. Has the Author of the Character heard of this Un-Christian Barbarity toward a Prince of the most Exemplary Goodness and Piety ( one of them ) that ever liv'd : And how he was yet , after all this , Murther'd on a Scaffold , in the Name , and under the pretended Sovereignty of the People of England ? How has he then the hardness of Heart to set up that Regicidal Principle afresh ; and to pronounce the Government of a Popish Successor to be a greater Plot upon England , than the Execrable Bloud-shed of that Protestant Prince ? And yet he carries it one step higher . A Plot of God ( he calls it ) and at the same time lays the Foundation of it in Hell , and most Heroically opposes it . From hence to the end both of the Page and Book , there 's only more variety of flourish to the same purpose . MY pretending to Answer this Discourse , looks methink , as if a Man should Reply upon an Alman●ck ( for several Years to come ) it runs altogether upon Phansys , Suppositions , Predict●ons , &c. And there 's no dis-proving of a Prognostication ; nor hardly any reasoning against it ; but so far as it is Calculated according to Rules of Art : And wheresoever I have found any thing that looks like a Logical Connexion , I have spoken to those Passages what I thought convenient . But for the rest ; my business has been to encounter the drift of it , and to expound the danger of these present Iealousies , by referring People to the miserable effects of the same Jealousie in the Late Times . It is an easie thing for People to foretel Calamities and Judgments of their own Contriving . There is not any Man Living that more passionately desires the Ripping up of this Dam●'d , Hellish Plot to the bottom , than my self ; but I must confess withal , that I am for Suppressing the Malice of Pope●y , as well as the Name ; and utterly against the Damning of any Position in a Papist , that I practice my self . The best way to discover a Jesuite , is by his Principle ; for it is the Doctrine , and not the Order , or D●n●mination , that creates the Danger . So that we are never the nearer for rocting out the One , unless we purge our selves also from the Leagen of the Other . Which will be the o●ly safe way of faci●itating a Comprehensive Union of those Conscientious Dissent●rs that wish well to the King and his Government . And in Order to this Discrimination , I shall give the Reader here a Taste of the Harmony and Agreement betwixt the Jesuites of the Society , and those of the Covenant . That is to say , such other Jesuites , as , under the Cover of Dissenting Protestants take advantage of the Credulity and Weakness of the Common People , toward the working of Distempers in the Nation . Popish and Jesuitical PRINCIPLES . DOminion is founded in Grace ; ( says the Romish Jesuite ) and upon That Principle , Deposes Protestant Princes . But the Covenanting Jesuite is even with him , and upon the same Principle deposes Popish Princes : as Knox and those of the Congregation in Scotland depos'd the Queen Regent ( Cambden ' s Eliz. An. 1559 ) Penry told the Lord President of Wales , That without advancing the Presbyterian Discipline he could have no Commission to Rule there ; for having rejected Christ , he was but the Lieutenant of Satan . And our Character does pretty well too , in ranking a Popish Prince with Nebuchadnezzar , fol. 17. The Pope may deprive a King of his Royal Dignity for Heresie , Schism , &c. ( B. of Lincoln's Popish Principles , pag. 20. ) and after Excommunication ( says Mariana ) in case of Obstinacy , the People may take away his Life . Now says the Covenanting Jesuite ; All men as well Magistrates , as Inferiors , ought to be Subject to the Judgment of General Assemblies ( See Bishop Bramhal pag. 501. ) Ministers ( says Buchanan de Jur. Reg. page 70. ) may excommunicate Princes ; and when they have cast them into Hell , they are not worthy to live any longer upon Earth . Pius Quintus absolv'd the Subjects of Q. Eliz. from all their Oaths of Allegiance to her for ever . And now ( says Knox to England and Scotland ) If Princes be Tyrants against God and his Truth , their Subjects are Free from their Oath of Obedie●ce . And our Jesuitical Covenanters did the same thing too , with a Penalty , in abolishing the Oaths of Supremacy and Allegiance , and setting up their Covenant . We command ( says the same Pius Quintus ) all the Peers , People and Subjects of England not to pay any Obedieuce to the Queen , her Commands , or Laws . And was not this the same thing that our Covenanting Jesuites did , in commanding upon pain of Imprisonment , and Sequestration , not to obey the Kings Proclamations , and in making it Death without mercy for any man that had taken the Cove●ant to go , without a Pass into the Kings Quarters ? Pope PAVL 3d. Interdicted all publick Prayers for Henry 8. or his Adherents , after his Denyal of the Popes Supremacy , to the whole Nation . And did not our Scottish Jesuites the same thing in refusing to to pray for the Mother of King James , when she was in her Distress though the King desired it ? and did not our English Covenanting Jesuites make it Malignancy and Sequestration , to pray for the King in their Churches ? If a Clergy-Man Rebel against the King , it is no Treason ▪ ( says Em●nuel Sa ) because Clergy-Men art not the Kings Subjects . The Jesuits of the Kirk told King James , That He was an incompetont Iudge of Matters in the Pulpit , wich ought to be exempted from the Iudgment and Correction of Princes . And the Assembly brought off Gibson and Blake , for Cursing and Railing at the King in the Pulpit , upon the same Plea. And the Late King had as little Remedy for Treason deliver'd in the Pulpits here . The Papal Power ( says Sciopptus ) is Supream , and the Pope has a Right to Direct and C●mpel , and a Power of Life and Death . And did not Our Jesuits in the Assembly , and the Two Houses Practice the same Usurpations in 1642 ? Does not the Kirk , in the Cases of Bloud , Adultery , Blasphemy , &c. take the Pardoning-Power out of the King's Hand ? Did not the Scottish Jesuits in 1638. Prote●t against Proclamations , make void Acts of Parliament , Levy M●n , Monies and Arms , for the Glory of God , and preservation of Rel●gion ? Kings Declaration . Pag. 415. Do they not claim Power to Abrogate and Abolish what Statutes and Ordinances they please , concerning Ecclesiastical Matters ? See Bishop Brambal , Fol. 497. &c. And in short , in ordine ad Spiritualia , take into their Cognizance all matters whatsoever . Snarez , approves of a Subjects killing his Prince in his own defence ; and much more , if it be in defence of the Publique . Buchanad Seconds him , and would have him rewarded for it , as if he had kill'd a Wolf or a Bear. For ( says he , in his de jure Regni ) the People are as much above the King , as he is above any one Person . Which Our Jesuits have Translated into Singulis Major , Vniversis Minor. Does not our Assembly set up for Infallible , as well as the Pope . And have not Our Jesuites their pious Frauds as well as those of the Church of Rome ; their Dreams , Visions and Revelations ? Where was there ever more Equivocation , or mental Reservation , then in their swearing to preserve the King , with a Design to destroy him ? Where did the Pope himself ever take more upon him , as to the Indicting of Assemblies , abrogating Acts of Parliament , and in the Exercise of all other the Ensigns of Royalty ? Does not our Assembly expect to be submitted to with as implicite a Faith , and as blind an Obedience as the Pope himself ? We must ●●sign up our Judgments ( says the Church of Rome ) our VVill , and our Vnderstanding in a deferencé to our Superiors . To which purpose ( as I find it in Lysimachus N●canor page 48. ) Andrew Cant when he found he could give no reasons for subscribing the Covenant , told his Congregation at Glascow , that they must deny Learning and Reason , and help Christ at a Lift : and told them further , upon the same occasion , that he was sent to them with a Commission from Christ to bid them subscribe the Covenant , which was Christs Contract , and that he himself was come at a Wooer to them for the Bridegroom ; and called upon them to come to be Hand-fasted by Subscribing That Contract : and told them plainly , that he would not leave the Town till he had all their Names that refused to Subscribe ; and that he would complain on 't to his Master . It would be endless to run out the Parallel at length , so far as This Argument would carry a man. But this will suffice , I hope , in some measure for a Caution , that while we are running down of One Sort of Jesuites we do not Incorporate our Religion with Another . The End. Notes, typically marginal, from the original text Notes for div A47819-e120 Character . Declarat . & Prot. of Lords and Commons , to the Kingdom , and the whole world . Octob. 22. 1642. Exact Coll. pag. 664. 
A53949	----	The apostate Protestant a letter to a friend, occasioned by the late reprinting of a Jesuites book about succession to the crown of England, pretended to have been written by R. Doleman. Pelling, Edward, d. 1718. 1682 Approx. 141 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A53949 Wing P1075 ESTC R21638 12361524 ocm 12361524 60244 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53949) Transcribed from: (Early English Books Online ; image set 60244) Images scanned from microfilm: (Early English books, 1641-1700 ; 645:6) The apostate Protestant a letter to a friend, occasioned by the late reprinting of a Jesuites book about succession to the crown of England, pretended to have been written by R. Doleman. Pelling, Edward, d. 1718. L'Estrange, Roger, Sir, 1616-1704. [2], 59 p. Printed for W. Davis and J. Hindmarsh ..., London : 1682. Sometimes ascribed to Sir Roger L'Estrange. Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Parsons, Robert, 1546-1610. -- Conference about the next succession to the crowne of Ingland. Great Britain -- Kings and rulers -- Succession. 2003-11 TCP Assigned for keying and markup 2003-12 SPi Global Keyed and coded from ProQuest page images 2005-02 Andrew Kuster Sampled and proofread 2005-02 Andrew Kuster Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A LETTER TO A FRIEND , OCCASIONED By the late Reprinting of a JESUITES BOOK . ABOUT SUCCESSION TO THE Crown of ENGLAND , Pretended to have been written by R. Doleman . My Son , fear thou the Lord and the King , and meddle not with them that are given to change , Prov. 24. 21. LONDON , Printed for W. Davis and J. Hindmarsh , at Amen Corner , and at the black Bull in Corn-Hill near the Royal Exchange , 1682. THE Apostate Protestant . SIR , I Received your Present , and if I thank you for it , 't is purely out of respects to the hand that sent it ; I mean a Book bearing this Title , A Conference about the next Succession to the Crown of England , pretended to be written by R. Doleman . Yet considering what you write , that you was startled and astonish'd to see in it such Horrid and Traiterous Assertions , and Principles so destructive not of Monarchy only , but of every Form of Government ; I am apt to mistrust that you parted with it chiefly out of Fear of keeping such a Lewd and Dangerous Companion in your Closet , especially since you confess , that 't was brought to your hands as it were by stealth , being happily seized on by one of his Majesties Officers . 'T is a dangerous Book indeed , and without doubt is published and handed up and down to serve a Turn in these Ticklish times , when some Ambitious men have taken Pepper in the Nose , and to be Revenged for their disappointments endeavour to make another strong Pass at our Government , and would sain hurl the world into Confusion . Since you have lodged the Knave with me , I 'le take care that for me he shall not go abroad to do mischief . But yet I cannot answer your Commands , unless I give you some account both of the Author , and the Book . As for the Author ; it was not R. Doleman , ( that is but a Counterfeit ) but Robert Parsons was his Name ; a notorious and violent Jesuite in the days of Queen Elizabeth ; a fellow born at Stockersey in Somerse●shire , and a Bastard it seems : which possibly might be an Omen , that afterwards he would own for his Mother that Church which is an Whore , and ( as much as in him lay ) prefer Bastards to a Crown . A man of whom the Papists themselves in those days gave this Character , that he was filius populi & filius peccati ; one born to be a Plague to the world , restless , seditious , turbuleu● , cruel , imperious , treacherous , and in a manner the very Epitome of all wickedness . They who knew him and his Dealings at Oxford , have told us , how seditious , wanton , and factious this lewd Bastards Conversation was , and how for his Libelling and other misdemeanours he was thrust out of Baliol College , having been so infamous there , being then Master of Arts , that they hissed him out with hoo-bubs , and rung him out with Bells . In those days , saith my Author , England was made the main chance of Christendom , the only Butt , Mark and White that was aimed at . And indeed , such was the strength of the Romanists , their Conspiracies so frequent , and their endeavours so great for a Successor for their turn , that affairs were in a very uncertain and tottering condition ; so that it was expresly given out , That England should be made an Island of Jesuites . But to promote the Plot , none was more industrious than this Parsons . 'T was He chiefly that wrought with Pius Quintus to excommunicate the Queen . 'T was He chiefly that stirred up the King of Spain to invade our Country . 'T was He chiefly that sollicited her Majesties Subjects to abandon their Allegiance . Nay , 't was He chiefly that that occasioned those Severities the Government was forced to use upon the Papists : For the Secular Priests did acknowledge , that her Majesty used them kindly for the space of the first Ten years of her Reign , so that their condition was tolerable , and in some good quiet : It was the Principles and Practices of this Parsons , that were so injurious not only to our Religion , and our Government , but to the Interest even of his own Party too . You may take this Character , as I find it given ( and very deservedly ) by a Popish Priest then living . This ( saith he ) is that same Parsons , whom Pope , Prince and Peer with all true English hearts have cause to hate . This is he of whom his own General reported , that he was more troubled with one English man , than with all the rest of his Society . This is he of whom Cardinal Alan held this opinion , that he was a man very violent , and of an unquiet Spirit , and of whom Mr. Blackwell ( now his Darling ) said , that his turbulent and lewd life would be a discredit to the Catholick Cause . In short , the general conceit of all that ever have throughly conversed with him , is this , that he is of a furious , passionate , hot , cholerick , exorbitant working humour , busie headed , and full of Ambition , Envy , Pride , Rancour , Malice and Revenge : Whereunto , through his latter Machiavilian Practices , may be added , that he is a most diabolical , unnatural , and barbarous butcherly fellow , unworthy the Name ( nay , cursed be the hour wherein he had the Name ) of a Priest , nay , of a Religious Person , nay , of a Temporal Lay-man , Jesuit , nay , of a Catholick , nay , of a Christian , nay , of a Humane Creature ; but of a Beast or a Devil ; a violater of all Laws ; a contemner of all Authority ; a stain of Humanity , an Impostume of all corruption , a corrupter of all Honesty , and a Monopoly of all mischief . This was the man , Sir , whose Book you sent me ; and had I never look'd into the Book , yet considering who and what the Author of it was , I could not but blush and be ashamed to think , that any in our days ( especially Pretenders to the Protestant Religion ) should be such Enemies to Truth , to Religion , and to Common Honesty , as to bring such a wicked mans Issue to light again , and to dress it and set it out afresh for a Tool . What good can the indifferent world conceive of them , who of all Principles , espouse the Principles of the Jesuits , who are the worst of Papists ; and of them , do especially Admire and Recommend to our reading the Writings of this Parsons , who was one of the worst of all Jesuites ? As touching the Book it self , Sir , there are divers things which are worthy your observation , and which may be of good use to you , and to every man in these times who is a zealous , impartial , and honest-hearted Protestant . First , That it is so full of Principles that are apparently false , pestilent , and scandalous , that in Queen Elizabeths days when it was first Printed , it did not only exasperate our English Government , but did likewise give such offence to the very Popish Faction , that several of them wrote Books on purpose in confutation of this Counterfeit Doleman , so ashamed they were of it : Nay , Parsons himself finding his Party so offended , and himself so rated and condemned upon the coming out of this Book , though he was shameless enough , endeavoured nevertheless to shift and wash his hands of it , as if he had not been the Author of it , though 't was notorious that he was . Secondly , 't is to be noted that in the fatal year 1648 , when that blessed Martyr King Charles the First was so barbarously Murdered , the several Articles brought in charge against him were all grounded upon Principles taken out of this Jesuites Book ; nay , a great part of the very Book it self ( so much as served the turn of those cursed Regicides ) was Reprinted under another counterfeit Title , viz. Several Speeches delivered at a Conference , concerning the power of Parliaments to proceed against their Kings for misgovernment . They were forced to be beholden to this Jesuite for Principles to defend that Unnatural War , and that Unjust Sentence : For could the Protestant Religion ( which they pretended to maintain ) have born them out , it is not credible ; they would have brought upon themselves so much Infamy , by raising up a Jesuites Ghost to speak for them . The sending of that Book abroad , did clearly demonstrate what they and their designs were . And I would sain know , whether an unprejudiced man will not conclude , that there is some ugly design on foot now , when this very Book is brought upon the Stage again ? For , you must observe , in the next place , that the Present you sent me , is the very same Book , now lately Printed the Third time ; the very same Book , that was first intended to tear the Government into pieces , and to turn this Land into a field of Bloud : the same Book , that laid the foundations of the late Rebellion : the very same Book , ●hat served to bring the best of Kings to the Scaffold : the very same Book , that helped them to justifie that villanous and most horrid Fact. And what can we gather hence , but that some extraordinary Intrigue is in hand ▪ which needeth the help of this old Jesuit again ? There are so many Knaves in the world already , that men need not fetch Father Parsons from the dead , only for a shew : And the world is so abundantly stockt with Books , that Doleman would not have been Re-printed for nothing . For , be pleased to observe too , what the state of Affairs was then , in the days of Queen Elizabeth , when this Book was published first under that Title . A zealous and wise Protestant Monarch was then Reigning ; but she being not likely to have any Issue , the discourses of men were ( as they are now ) about the Succession . James King of Scotland was the next Heir by Bloud , but his Religion did not please the Jesuits . For this reason they laid their Noddles together , to defeat him of the Crown , if it were possible ; and that matchless man at mischief , Father Parsons , wrote ( among other Books ) this , which he called by the name of Doleman : wherein he indeavoured to persuade the World , that all Monarchies are de jure Elective , and that Proximity of Bloud was not sufficient to intitle any man to the Imperial Crown of England , without the Peoples Choice , Approbation , and Consent , ( which by reason of the Numbers , Interest , and Policy of the Papists then , he did hope would never be given to King James . ) As the ground of all this , he had the confidence to place the Plenitude of power , and all Absolute Soveraignty in the hands of the People ; so that ( according to his Principle , owned in this Doleman ) the Commonwealth may Lawfully and at their pleasure fore-close and hinder the next Heir , if on the account of his Religion , or in any other Respect , they judg him unfit to Succeed ; nay , that they may , without sin , Depose and Destroy a Prince , though actually vested and possest of the Throne , if in the administration of the Government he answer not that Trust , which was reposed in him by his Lords and Masters , the People . In fine , He told the Queens Subjects , that the Descent and Disposal of the Crown did depend wholly upon their pleasure , and that they had an unlimited power at any time to determine upon this or that form of Government , and might alter it when they thought fit , and chuse whether they would have a King , or no , and turn the Monarchy into an Aristocracy , or Democracy , as they saw occasion , and judged it best . By these Popular Principles , this Jesuit and the rest hoped to serve these Ends ; either to prevent the Succession of the King of Scots , ( which was the first and Grand design ) or in case he should Succeed , to prepare a ready way to Ruine him , and indeed to ruine his Family too , and to subvert his Government , if they did not answer the expectations of the Church of Rome . Nor did they fail of their ends in every particular . For though King James came peaceably to the Crown , yet these Principles did work so powerfully , that they laid Barrels and Trains of Gunpowder under the Parliament House , and afterwards made stirs in the Parliament it self , and in Forty One raised a Bloudy and Unnatural Rebellion , and in the end changed the Government into a Republick , and caused the Monarch and the Monarchy to be cut off together . Haec Ithacus voluit ; these were the natural effects of this Book , called Doleman , which some now have thought convenient and necessary for their Turns to set out again in a new and more polish'd Edition . These things being observed touching the Author , and of the Design in Printing and Reprinting of this Book , I cannot fancy my self to have paid you all those Respects which are due from me , till I take a few steps further , and shew you a little , first , what Use hath been made of this Book and these Dolemanian Principles of late ; and then what those Reasons are on which these Principles are founded . For affairs are Uncertain now , as they were when these Principles came first into the world : The Book is admirably well Calculated for our Meridian ( otherwise it might have lain still in the dark , and no more regarded than an Almanack out of date : ) Methinks I see in it some of Lilly's Prognosticks , or Hopes at least , of some change of weather : and therefore 't is necessary , that to preserve our Peace and good Government , we look a little into the Nature and Strength of the aforesaid Principles . And the rather , because I see they are very Pleasant and Taking with the People ; their bare Popularity , though they have no Reason or Sense , is enough to recommend them to the favour and kind embraces of the Vulgar , who love dearly to be medling with Government , and cannot but be Tickled at Heart when they are told , that they have a Soveraign Power in them which they did not dream of , that they can Make and Unmake Kings , that Crowns and Scepters lie at their Worships feet , that Princes must make court to them for Succession , and that they can , if they will , bar them out , and come like the Tribunes of the People of Rome , with an uncontroulable Veto . These are fine and delicate Doctrines , and beyond the Fawnings of some others , who tell us , to please us , that we have power to chuse all our Bishops ; though I confess we may think it fitting , that we should have power in both points , as well as in one ; and as the world goes , Kings and Bishops way well expect to fare alike . But in good earnest , Sir , I am grieved at Heart ( and 't is enough to raise the Indignation of every Honest man ) to find , that so many among us do inconsiderately ( not to say , maliciously ) run altogether upon this Jesuits Principles , and that in these times , when we are all so afraid of Popery , that one would think we should be most especially afraid of Jesuitism . Yet if you please to give your self the trouble to peruse those seditious Pamphlets which have been published of late , you will find what I note to be true ; that generally they borrow large portions out of this most wicked Libel , written by a most wicked Wretch , on purpose to ruine the interest of the Protestant Cause : Nay , that the Authors of them have so exactly followed the Scope , the Tenents , the Arguments , the Examples , and the very Phrase ( many times ) that we may well believe they had old Doleman open before them as they were writing . I shall give you Proof and Instances of this by and by . In the mean while we may conclude , that these men were not so straightned , as to be Constrained to do this . For they might have been abundantly furnished with Anti-Monarchical and Republican Principles out of other Authors , such as a Ficklerus , b Stephanus ▪ Junius Brutus , Knox , 〈◊〉 , and some more of that Age , who were main good Friends to the Jesuits in this point . But because Fa. Parsons hath made great Improvements of those Principles which others had vended a little before , and because his great design was to bar all Succession to the Crown of England by Natural Descent and Inheritance , and to that end hath used all the most plausible Arguments ; and because all this is serviceable to the Designs of some Now , who consider more what is Expedient than what is Just , therefore they do willingly chuse to make this Author ( though a Jesuit ) their Guide , and do take all their Measures from this Libel , rather than others . How they will answer this to God , to their own Consciences , and to the sober World , I do not know ; but that the Truth of what I say may be manifest , I shall instance in some of the Principal Pamphlets , which have been written of late . And I shall begin with that which hath made the greatest Noise , viz. the History of Succession , which the Author saith is Collected out of the Records , and the most Authentick Historians . But had he said , Collected out of Doleman , he had spoken a more Ingenuous Truth , than perhaps he hath told us in the whole Book besides . For , though he hath adorned his Margin with div●rs Quotations out of Records and Authors , ( which I suppose he consulted to conceal his Theft , or to put a fair Colour upon it at least ) yet the Matter is taken out of that Authentick Historian , Doleman . However he came by the Fringe and the Lace , 't was his Friend , honest Fa ▪ Parsons that furnish'd him with the Stuff . I do not intend to examine the Candour , the Sincerity , or the Logick of this Collector , because it is a thing besides my Purpose , and for the consideration of those things I refer you , Sir , to that Learned and Solid Answer called , The great Point of Succession discussed , &c. and to that excellent Tract entituled , Religion and Loyalty supporting each other . For my business is only to shew matter of Fact , that this Collector hath filch'd his Pamphlet out of that Jesuit , who to cheat the world gave himself the Surname of Doleman . In this blessed History we are to consider , first , the Design ; Secondly , the Principles of the Author ; And thirdly , the Examples he useth to serve his Ends. I● Now the Design is to prove , that the Government of England is not a setled Hereditary Monarchy ; that Succession is not Title enough to make the next Heir King , but that the Election of him ought to be before his Coronation ; that the Succession is wholly under the Controul of Parliament , and that they can limit it , and subject it to Conditions , and alter the Course of it as they please . Now , this is the very Sum of the First , and the sixth Chapter in Doleman , Part. 1. For in the first Chapter he tells us , That Succession to Government by nearness of Bloud is not by Law of Nature or Divine , but only by Humane and Positive Laws of every particular Commonwealth , and consequently may up●n just causes be altered by the same , pag. 1. And in the sixth Chapter he affirms , That though Priority and Propinquity of Bloud in Succession , is greatly to be honoured , regarded , and preferred in all affairs of Dignity and Principality , yet are we not so absolutely and peremptorily bound thereunto always , but that upon just and urgent occasions that course may be altered and broken , pag. 104. He founds Regal Power in Succession and Election both , pag. 105. And being to answer that Question , What interest a Prince hath by Secession alone to any Crown , before he be Crowned or Admitted by the Commonwealth ? He saith , That an Heir Apparent before his Coronation and Admission by the Realm , hath the same ( and no more ) interest to the Kingdom , which the King of Romans , or Caesar hath to the German Empire after his Election and before he be Crowned ; and to use a more familiar Example to to Englishmen , as the Mayor of London hath to the Mayoralty , after he is chosen , and before he be admitted , or have taken his Oath . For as this man in rigour is not truly Mayor , nor hath his Jurisdiction before his Oath , and Admission , nor the other is properly Emperour before he be Crowned , so is not an Heir Apparent truly King , though his Predecessor be dead , until he be Crowned and admitted by the Commonwealth , pag. 106. In fine ; He is Positive , that Heirs Apparent are not true Kings , until their Coronation , how just soever their Title of Succession otherwise be , and so , that no Allegiance is due unto them before they be Crowned , pag. 108. To make these things out , is the Grand Design of Father Parsons and his Plagiary , the Author of this History of Succession . And though you well know , that all this is contrary to the Laws of our Realm , which recognize all Succession to this Crown to be by Inheritance , and allow of no Interregnum , but say , that the King never dieth , because the next Heir is actually King that very minute after the breath of his Predecessor is gone ; yet you see , how closely this Collector hath followed the steps of Doleman , all our Laws to the contrary notwithstanding . II. As touching this Collectors Principles . 1. He is clearly of opinion , That the Commonwealth hath Power to change the direct order of Succession , for otherwise the Government would want power to defend it self , by making such alterations as the variety of Accidents in several Ages may make absolutely necessary , p. 15. That in Parliament a Supreme Uncontroulable Power is lodged , Ibid. That a Nation ( in excluding a Successor ) is to be excused for executing Justice Summarily , and without the Tedious Formalities of Law , when the necessity of things requires haste , pag. 19. And that the People are bound in Conscience to obey ( the Parliaments ) Laws , and must not pretend to enquire whether they were made upon just grounds , ibid. Now such simple men as you and I , have ever thought , and do think still , that all Humane Power is subordinate to Gods , under the Correction of it , and Controulable by it : That Law-givers ought to take their measures according to the rules of natural Justice , and Equity ; That m●ns Laws do not oblige , if they be contrary to the Laws of God or Nature ; That Parliaments have not that Power , which Bellarmine ( another Jesuit ) gives the Pope , to make Good Evil , and Evil Good ; That common Honesty ought to Govern the whole world ; That Necessity cannot be pretended to justifie an Evil Action ; that no Commonwealth hath a Sovereign Power over the Commands of God and Nature ; and that divers Statutes and Acts have been judged ipso facto void , and without need of Repealing , being contrary to Divine or Natural Laws . But you see , that this Collector is of another Faith , telling us , That a Commonwealth can do any thing , what they please , without any Controul . But the reason is , because he takes Father Parsons for his Great Apostle . For he , speaking of a Commonwealths Power to Exclude a Successor , though contrary to the ordinary course of Law , saith , That our Common Law must needs have further consideration than of the bare Propinquity of Bloud only , for that otherwise it would be a very imperfect Law , that hath not provided for accidents so weighty and important , as these are , for saving and conserving of our Commonwealth ; Preface to Doleman , pag. penult . These are the words which the Collector hath in a manner Transcribed and copied out . Moreover the Jesuit tells us , That the Commonwealth hath Authority to judge of the Lawfulness of the Cause ( for putting back the Prince ; ) That God doth allow for a just and sufficient cause in this behalf , the only Will and and Judgment of the Weal Publick it self : And seeing that they only are to be Judges of this case , we are to presume , that what they determine is Just and Lawful for the Time ; and that they being Lords and Owners of the whole business , it is enough for every particular man to subject himself to that which his Common-wealth doth in this behalf , and to obey simply without any further inquisition , &c. pag. 159 , 160. part . 1. Now do but compare this passage in Doleman with that cited above out of the History of Succession , and judge whether this Jesuit was not that Collectors Guide . 2. Another of the Collectors Principles is this , That though Government is of Nature , and derived from God ; because nothing is more Natural in man than the Desire of Society , and without Government Society would be intolerable ; yet it cannot be proved from hence that the Government cannot be moulded into several Forms , agreeable to the Interest and dispositions of several Nations , and may not be varied from time to time , as occasion requires , by the mutual consent of the Governours , and of those who are Governed , pag. 16. This is right Father Parsons all over , and so exactly , that as I was comparing the Books , I was like to have mistaken Doleman for the History of Succession . For thus saith the Jesuit , Albeit Sociability or Inclination to live together in company , man with man , be of Nature , and consequently also of God , that is Author of Nature ; and though Government in like manner , and Jurisdiction of Magistrates ( which doth follow necessarily upon this living together in company ) be also * of Nature , yet the particular Form or manner of this or that Government , in this or that Fashion , as to have many Governours , few , or one : or that they should have this or that Authority , more or less , for longer or shorter time , or be taken by Succession or Election , themselves and their Children , or next in Bloud , all these things ( saith the Jesuit , agreeably to the Collector ) are not by Law either Natural or Divine , but they are ordained by particular positive Laws of every Country ; Doleman , part . 1. cap. 1. pag. 2 , 3. I have seen many an Harmonia Evangelica ; but never shall I see a fairer Harmonia Politica than between these two Brethren in iniquity , Parsons and the Collector of the History of Succession . 3. Especially if we add another Principle of his , viz. that it is no matter of what Stock or Lineage a Successor to the Crown is , or whether next Heir or not , if he doth but pass for one that Promiseth well , and is likely to make a good King. And to let us know his mind in this , he tells us a remarkable Story , which I beg of you , Sir , to observe , because it is word for word in Doleman . I cannot ( saith our Collector ) forbear reciting the Speech , which Embassadours sent from the States of France , made to Charles of Lorrain , when they had solemnly rejected him ( though he was Brother to Louys d' Outremes , and next H●ir to the Crown ) and had Elected Hugh Capet for their King. They told him , that every one knew that the Succession to the Crown of France belonged to him , and not to Hugh Capet . But yet ( say they ) the very same Laws which give you this right of Succession , do judg you also unworthy of the same ; for that you have not hitherto indeavoured to frame your manners according to the Prescript of those Laws , nor according to the Usages and Customs of your Country , but rather have allyed your self with the German Nation our old Enemies , and have loved their vile and base manners . Wherefore seeing you have forsaken the ancient virtue and sweetness of your Country , we have also forsaken and abandoned you , and have chosen Hugh Capet for our King , and put you back ; and this without any scruple of Conscience at all , esteeming it better and more just to live under him , enjoying our ancient Laws , Customs , Priviledges , and Liberties , than under You , the Heir by bloud , in oppression , strange Customs and Cruelty . For as those who are to make a Voyage at Sea , do not much consider whether the Pilot be Owner of the Ship , but whether he be Skilful and Wary , so our care is to have a Prince to govern us gently and happily ( which is the End for which Princes were appointed ) and for these ends we judge this man fitter to be our King. Hist. of Succession , pag. 15. There is a mistake in this Story : for Charles of Lorrain was Son to one Louys , and Vncle to another . However thus our Collector sets it down , and quotes Gerard for it , when he ought ( but that he would not betray himself ) to have quoted his Father Parsons , who relates the same Story in the same words , and directed him to Gerard. I think it not amiss ( saith the Jesuit ) to put down here some part of the Oration or Speech , which the Embassadors that were sent from the State of France unto Charles of Lorrain , after their Election of Hugh Capet , and Charles's Exclusion , did use unto him in their names , which Speech Gerard doth recount in these words : Every man knoweth ( Lord Charles ) that the Succession of the Crown of France , and so on , to the very Similitude of the Pilot , which our Collector useth , being of the same mind with the Jesuit , who speaking of a Successor to the Crown of England , saith , I for my part do feel my self much of the French opinion before alledged , that so the Ship be well and happily guided , I esteem it not much important of what Race or Nation the Pilot be . Doleman . Part. 1. Cap. 8. Pag. 139 , 140 , 143. Father Parsons moreover observes , That this Hugh Capet had that Surname given him when he was a Boy , for that he was wont to snatch away his Fellows Caps from their heads , whence he was termed Snatch-cap , which some did interpret as an Abodement that he would also also snatch a Crown from the true Owners head in time , as afterwards it fell out . But this our Collector would take no notice of , lest Hugh Capet should be lookt upon as an Usurper , as indeed he was , notwithstanding the Election and Approbation of the Realm . 4. It is an avowed Principle in Doleman , that 't is both sinful in an high degree , and against all Wisdom and Policy to suffer a Prince of a contrary Religion to come to the Crown ; Part. 1. Cap. 9. And thus much our Collector insinuates , when he saith , He will not dispute how far the difference of Religion , which will also necessarily draw on a change of the Gocernment , doth justifie men in seeking to preserve the two dearest things on earth in an orderly and lawful way . Pag. 19. 5. But he doth confidently insist on this , that the Crown is not a bare Inheritance , but an Inheritance accompanying an Office of Trust , and that if a mans defects render him uncapable of the Trust , he has also forfeited the Inheritance . ibid. This , if it be true , equally holds against the King himself , as well as against his Heir . For faileur in point of Trust may be ( and has been ) pleaded , for the Deposing of the King , as well as for the Exclusion of his Successor . And so Parsons reckons ; who affirms likewise , that the Princes power is Potestas Vicaria , or delegata , that is to say , a Power delegate , or by Commission , given ( by the Commonwealth ) with such Restrictions , Cautels , and Conditions , as if the same be not kept , but wilfully broken on either part , then is the other not bound , &c. Doleman , part , 1. Cap. 4. pag. 59. And from this Principle he concludes , that even a true King may be deposed when he answers not that Trust which the People hath reposed in him : Id. part . 2. pag. 48. cap. 4. This Jesuitical Doctrine did not long ago cost one of our Kings his Throne and his Life too ; I pray God it may not be so chargeable to another ; but 't is ominous , when Pretending Protestants will be nibling at such Jesuitical Principles , which under colour of keeping back an Heir , naturally and necessarily strike at the very Crowned Head. III. Having hitherto instanced in some of this Gentlemans Principles , to shew you that he hath carefully written after the vilest of Men , and the worst of Books , I shall now for your further satisfaction instance in those Examples which he makes use of ( and hath borrowed out of Doleman ) to prove , that Succession to the Crown ( and even to the Crown of England ) dependeth upon the Pleasure and Courtesie of the People . If you compare the History of Succession with this Book of the Jesuit Parsons , you will find it to be nothing but a little Improvement of the eighth Chapter of Doleman , Part. 1. For that Jesuit and this Collector undertaking to prove , that the Commonwealth hath power to alter Titles of Succession , as publick Necessity or Utility shall require , do both of them shew , what the Realm of England hath done , and what Alterations they have made formerly , and their Instances are alike , as you may see by casting your Eye upon the two following Columns , ( for it will not be amiss to set the Thief just over against the Knave . ) Thus saith Doleman , the Jesuit . And thus saith the Collector of the History of Succession , the Protestant . King Egbert came to the Crown by Election , though he were not next by propinquity of Bloud , Doleman , pag. 144. Egbert himself , the first English Monarch , came to the Crown not by Succession , but Election , being no ways related to Bithricus . Hist. of Succession . Pag. 1. Athelstan , illegitimate Son to to King Edward , was preferred to the Crown before his two Brothers , the Princes Legitimate . Id. pag. 145. Athelstan , though a Bastard succeeded his Father , and was Preferred to his Legitimate Brothers , Id. pag. 1. King Edmond left Two Lawful Sons , but for that they were young , they were both put back by the Realm , and their Uncle Eldred was preferred before them . Id. p. 146. Eldred , the younger Brother of King Edmond , was advanced to the Throne , though the deceased Prince had two Sons , Id. ibid. Canutus was admitted for King of England by the whole Parliament and consent of the Realm , Id. p. 149 Canutus had so great an Interest , that by an unanimous consent , in a full Council , he was Elected King , Id. pag. 2. After the death of Canutus , all the States of the Realm met together at Oxford , to consult whom they should make King , and at last by the more part of voices was chosen Harald , the first Son of Canutus by a Concubine , &c. Id. p. 149. Immediately upon the death of Canutus , there was assembled at Oxford a great Council to determine , who ought to succeed , and Harald Harefoot , Canutus his Bastard , was Elected , &c , Id. p. 2. After the death of Harald , Hardicanutus was received with the great good will of all , and by common consent made King , Id. p. 150. Harald died in the fifth year of his Reign , and then the People were content to accept of Hardiknute for their King. Id. p. 2. Haraicanutus being dead , the States of the Realm determined to chuse Alured for their King , Id. ibid. After the death of Hardiknute the People proceeded to elect Alfred , Id. ibid. Alfred being traiterously murdered by Earl Godwin of Kent , Prince Edward was chosen King , Id. ibid. Alfred being murder'd by the treachery of Earl Godwin , they chuse his Brother Edward , commonly called Edward the Confessor , Id. ibid. Nor had the State herein any respect to antiquity of Bloud , for that before Alfred were both his own elder Brother Prince Edward , and before them both were Edmond and Edward , the Children of their elder Brother Edmond Ironside , Id. ibid. Nor were these Elections of theirs made with any respect to nearness of Bloud ; for Edmond Ironside , their Elder Brother , had a Son then alive , whose name was Edward , Id. ibid. The Confessors Title by Succession cannot be justified , for that his eldest Brothers Son was then alive , to wit , Prince Edward , who in this Kings Reign came into England , and brought his Wife and three lawful Children with him . But yet was not this good King Edward ( the Confessor ) so scrupulous , as to give over his Kingdom to any of them , or to doubt of the right of his own Title , which he had by Election , &c. Id. p. 151. And though this Edward had an undoubted Title to the Crown , if Proximity of Bloud could have given it , yet the Confessor was so far from suspecting any danger from such a Title , as that he invited his Nephew into England , and welcom'd him when he came with the greatest expressions of Joy , and entertain'd him with the greatest confidence , Id. ibid. This King Edward being dead , Harald , Son of Earl Godwin , had also the approbation of the Realm to be King , Id. p. 152. Nor had the People any regard to this Royal Bloud upon the death of the Confessor , but elected Harald , the Son of Earl Godwin , Id. p. 2. All this is before the Conquest ; but if we should pass any further down , we should find more Examples than before , viz. of Kings made in England , by only Authority and Approbation of the Commonwealth , contrary to the ordinary cours● of Linc●l Successi●n by Propinquity of Bloud , Id. p. 53. These few , among many other instances which may be given , will shew plainly enough , how men intituled themselves to the Crown in those days , and that then it was no strange thing to hear of a Parliaments medling with the Succession . — Let us go on more particularly to observe , what has been done since the Conquest , Id. ibid. After the Conquerors death , William Rufus was chosen King , though younger Brother to Robert Duke of Normandy , to whom the most part of the Realm ( he means the Normans ) was inclined , to have given the Kingdom presently ▪ as due to him by Succession , notwithstanding his Fathers Will to the coutrary , Id. p. 153. William Rufus had the consent of the Nobles and wise men for his Title ; and the English Interest was so great at that time , that it k●pt the Crown upon William Rufus's head , in spight of all that the Normans could do in the behalf of Robert , though they universally joyn'd with him , Id. p. 3. By like means got Henry his younger Brother the same Crown afterward , to wit , by fair promises to the People , &c. Id. p. 154. It was by the full consent and Counsel of the whole body of the Realm , that the Conq●erors Third Son Henry was Elected for their King , Id. p. 3. King Henry dying left a Daughter behind him named Mawd , which being married first to the Emperour Henry V. he died without Issue , and then was she married again the second time to Geoffry Plantaginet , Earl of Anjou , to whom she bare a Son , named Henry . — But for that Stephen , Earl of Bologn , was thought by the State of England to be more fit to govern , he was admitted , and Henry put back , Id. p. 154. King Henry died , leaving no Issue but Mand his Daughter , who had been married to the Emperour , and afterward to Geoffry Plantagenet , Earl of Anjou . No dispute can be made , but that she had all the right which Proximity of Bloud could give ; yet Stephen , Earl of Bologn , stept in before her , and prevail'd with the Estates of the Realm to Elect him King , Id. p. 3. The States some years after in a Parliament made an agreement , that Stephen should be lawful King during his life only , and that Henry and his Off-spring should succeed him . Id. p. 155. Afterwards Stephen came to an Agreement with the Empress and her Son , and a Parliament ( who alone could give a Sanction to such Agreement ) was assembled to confirm it , and then Stephen publickly adopts Henry for his Son , and with their full consent declares him his Heir , and with the same consent Henry gives Stephen the name of Father , and agrees that he should continue to be King during his Lise , &c. Id. p. 4. After King Richard , John , younger Brother to Richard , was Admitted and Crowned by the States of England , and Arthur Duke of Britain , Son and Heir to Geoffry ( that was Elder Brother to John ) was against the ordinary course of Succession Excluded , Id. p. 155. Richard dying without Issue , Arthur ( Son of Geoffry Duke of Britain , ) the next Heir to the Crown ought to have Succeeded . But John , younger Brother to Richard , without regarding this divine right of his Nephew , applies himself to the People for a more sure , though but a Humane Title , who being summoned together Elected him King , Id. p. 5. Some years after , when the Barons and States of England misliked utte●ly the Government and Proceeding of this K. John , they rejected him again , and chose Lewis the Prince of France to be their King , and did swear Fealty to him in London ; depriving also the young Prince Henry , King John's Son , that was at that time but eight years old , Id. p. 156. When King John gave over to dissemble his Nature , and went about to change his Religion , and discovered himself not to be that worthy man , which the People supposed him to have been , they remember'd whence he derived his Title and proceeded , upon the same reason they had chosen him , to make a new Election , chusing Lewis Son of Philip King of France , who coming to London , was there Elected , and Constituted King , Id. p. 5. Upon the death of King John , the People recalled again their former Sentence , and admitted ( Prince ) Henry to the Crown , by the name of King Henry the Third , and disanulled the Oath of Allegiance made unto Lewis Prince of France , Id. p. 156. King John hapning to die very opportunely , the Great men of the Kingdom were called together , and Prince Henry then an Infant , placed in the midst of them ; and the whole Assembly cried out unanimously , Fiat Rex ; and acordingly they Crowned King Henry the Third , and soon after compelled Lewis to renounce all pretences to the Crown , Id. p. 6. The Jesuit Parsons goes no further upon particulars , in Chap. 8. Part. 1. than Henry the Third . But saith , Should we enter ( into the contention about the Crown , between the Two Houses of York and Lancaster , which took their beginning from King Henry the Third ) we should see plainly , that the best of all their Titles , after the deposition of King Richard the Second , depended on the Authority of the Commonwealth , for that as the People were affected , and the greater part prevailed , so were their Titles either allowed , confirmed , altered , or disanulled by Parliaments ; Cap. 8. Part. 1. Pag. 156. This hint the Collector of the History of Succession took to proceed upon more particulars still , and pickt them up and down out of other places in Doleman , to which Book he was mainly beholden for the History of the Pretences , Claims , Titles , and Fates of those Princes he names since Henry the Third . The doubt , whether Edward the First , or his Brother Edmond were the Elder , he fetcht clearly out of Doleman , Part. 2. Cap. 2. pag. 25. and both Parsons and this Collector say , that Edmond was believ'd ( by some ) to have been put by the Crown for his Deformity . The Story of the deposition of Edward the Second is in Doleman , Part. 1. cap. 3. p. 46 , 47. The instance of Edward the Third's being chosen and Elected by the People , you find it ibidem , and in part . 2. cap. 2. of Doleman . The instance of King Richard the Second's being deposed , is in Doleman , part . ● . cap. 3. and part . 2. cap. 3 , 4. That of Henry the Fourth's being Elected by the People ( as he pretends ) is in the same place . And what our Collector saith of Henry the Fifth , is all taken at large , and word for word ( in a manner ) out of Doleman , part . 1. cap. 6. pag. 108 , 109. Not to trouble you with every little particular , when you have already so much of a Specimen , I dare say , that let any man carefully peruse , observe , and remember the Contents of Doleman , and he will easily discover , that this Book is the Forge , out of which the Collector of the History of Succession hath taken all those Irons , which he hath sent abroad to set this Kingdom on Fire . But I must observe unto you , that as he hath followed the Jesuit over hedge and ditch in his Examples , so he hath followed him exactly too in dealing basely with the world , by downright Falsities in some things , by gross Partiality and disingenuity in others , and by Illogical Consequences in the rest , forcing out such Conclusions as the instances do not really yield him , to serve his turn . But for this I must intreat you to consult well those two excellent Tracts which I recommended unto you above . And so much for that Gentleman . From whom we could not expect any other Notions , than what are serviceable to his secular Ends , because his Book argues him to be one that is a meer Politician , regardless of the Laws of Religion , and governed only by his Interest : and he must thank your Charity , if you do not think him to be much of the mind of a Gentleman , famous now for his zeal ( whether for his Countrey or himself you may judg it ) who said once upon a time , That he is a Fool who hath any more of Religion than what will serve his Interest . And if that be true , I must give him that due Character , which he hath been meriting for above these 40 years , that he for his part is one of the wisest of men . But of all men living , I wonder at Mr. Hunt ; a person whose name I cannot mention without due respect , because in his Argument for the Bishops Right , &c. he hath shewed a great deal of good Learning in the Laws , and hath exprest his just Zeal for the Interest of the Church , and that deep sense ( which I am perswaded he hath ) of the Calamitous condition which this poor Nation is now in . So that I should have taken no notice of his writings , but what would have been entirely for his Honour , but that his Personal Worth ( which I love and value ) may probably give a Reputation to some Foreign and Groundless Opinions which he runs upon in his Postscript , and which the Jesuite Parsons hath furnisht even him with . I have heard say , that when our Government was lately in a fair way to be run down , he was prevailed with to write that Postscript partly by Fear , and partly as Penance and Satisfaction ( to a Party ) for the Argument which he had written before . This is clear , that the Bishops are more beholden to him than the King is : for he owns their Authority ( as Bishops ) to be Divine ; but as for the Kings title to his Crown , he believes it , as Doleman ( alias Parsons ) did , to be a meer Human thing . If any of our Clergy deny this , I see no reason Mr. Hunt hath to be so very angry with 'em ; for they hold no more than what all good Christians have ever held , no more than what the Church of England hath declared , no more than what the Laws of our Country do own and will bear them out in . I have been told by many of them , that Mr. Hunt hath done them wrong , and that he may convince himself , if he will but look into their Sentiments well , and consider them with an Indifferent and Candid mind : but where he pretends to Vindicate and to be Concern'd for them , there he accuseth'em , and the charge is unjust , and , had another drawn it up , I would have said malitious , designed on purpose to render the Clergy odious for being steady and true to the establisht Government , in a time when so many are longing for a Change. Those Fancies and Dreams of his , that the Clergy of England are for a Popish Successor and no Parliaments , that they allow of Arbritrary Power , that they are ready to abett any Extravagancies in a Prince , and the like , are idle , evil and unworthy insinuations ; and if Mr. Hunt please to enter the Lists , I will find him one that shall undertake the Cause in this point , out of that Veneration which we all ought to have for that Sacred Function , and out of just and due respects to our present Clergy , than which perhaps this Nation was never yet blest with a better . But , Sir , my business is to shew you , that Mr. Hunt hath been foully imposed upon by the Jesuite Parsons , as to Principles and Doctrines , which concern the State. And for evidencing thereof , you may please to remember , that 't is a fundamental Principle in Doleman , That all Power and Authority to Institute , to Modifie , or to Change the particular form of any Government , and to admit or exclude a Successor in Monarchy , is wholly and uncontroulably in the People . Now this is taken for granted by Mr. Hunt , as if it were as clear as a Postulatum in the Mathematicks ; and so he does not so much as offer at any solid and just proof of it , only now and then touches upon some notions in Doleman , which at first sight may seem to look a little that way . Sir , I would not willingly and knowingly do this Gentleman any the least wrong or unkindness ; nay , I have that respect for him , that I could strain my Charity to believe , that he himself hath not borrowed of Doleman , but some body else for him . But that there has been borrowing in the case , you may easi●y perceive by the following account . The Jesuite saith , And Mr. Hunt saith , That though Government and Jurisdiction of Magistrates be of Nature ( and consequently also of God ) yet the particular form or manner of this or that Government , is not by Law either Natural or Divine , but is ordained by particular Laws of every Country . Doleman , part . 1. pag. 2 , 3. That Government is from God , as he hath made Governments Necessary in the General order of things , but the Specification thereof is from men . Postscript , p. 38. Father Parsons tells us , that particular Forms of Government are not determin'd by God or Nature , for then they should be All one in all Nations , seeing God and Nature are one to All. Doleman , part 1. pag. 7. 11. And Mr. Hunt tells us , that no man intends by any thing in the Scripture , that All Mankind is obliged to any One Form of Government , and therefore All men are left to their own . Posts . p. 39. It is left unto every Nation or Countrey to chuse that Form of Government which they shall like best , and think most fit for the Natures and Conditions of their people . id . p. 7. 10. Civil Offices are of Humane Original , id . Argument . p. 241. The Government is de jure such as it is , ibid. God never made any Common-wealth but one by his Directive Will , and that only for One Nation : for in these things he hath left men ordinarily in the hands of their own Councils , and to their own Prudence . ibid. God approveth what a Realm determineth in chusing or changing its form of Government . Doleman , pag. 10 , 11 , 58 , 118. Such Governments which men make God approves , and requires obedience to them , Mr. Hunt in Postscript . p. 38. The Commonwealth hath power to chuse their own fashion of Government , as also to change the same upon reasonable causes . Doleman , par . 1. cap. 1. pag. 10. No Civil establishment but is Controulable and Alterable to the publick weal. Postscript , p. 42. Though many Learned and Great men have believed ( and for good Reasons , as I may shew you hereafter ) that Monarchical Government came into the World by Gods own Grant and Appointment . Yet Doleman saith , that Monarchy was commonly chosen by the people in the beginning . Part. 1. pag. 12 , 21 , 66. And Mr. Hunt asketh , where is the Charter of Kings from God Almighty to be read or found ? Postscript , pag. 36. The Jesuit alledgeth , that St. Peter calls Kingly Authority a Humane Creatu●e , for that by mans free Choice this particular form of Government ( as all others also ) is appointed in every Commonwealth , and that by Mans Election and Consent , the same is laid upon some particular Man or Woman , according to the Laws of every Countrey . Doleman , part 1. cap. 2. pag. 14. And Mr. Hunt alledgeth in like manner , that Saint Peter stileth Kings , as well as the Governours under them , the Ordinance of Man , which cannot have any other sense , but that Men make them , and give them their Powers . Postscript , pag. 37. Whereas an Objection was foreseen , that God said to Solomon , By me Kings reign , Prov. 8. 15. and that St. Paul told the Romans , that there is no Power but of God ; the Powers that be , are Ordained of God ; whosoever therefore resisteth the Power , resisteth the Ordinance of God , Rom. 13. 1 , 2. And whereas the Apostle doth there speak not only of Authority in General and in the Abstract , but pointeth also to the very Person of the chief Magistrate ( to Nero himself ) stiling him , the Minister of God , a Revenger , one that beareth the Sword , meaning plainly the Man ; To this the Jesuite answers by a Jesuitical evasion , that all this is to be understood of Authority , Power , and Jurisdiction in itself , according to the first institution . Doleman , part 1. cap. 1. pag. 7. And Mr. Hunt answers to the very same effect , that this is meant of Government in the General , which is called Gods Ordinance for this reason , because in general God approves of Governments . Postscript , pag. 37. Yet this reacheth not the point , nor is it any answer at all . For the Scripture there speaketh of the Person and Power of a Monarch , and of Government by a Monarch ; and so it followeth , that Monarchy is of Divine Institution , the Ordinance of God himself . To evade which , the Jesuite and Mr. Hunt do equally hold , that Regal Government is by Gods Permission ; that Kings are said to Reign by God , because they Reign by his Permission ; and that their Power is the Ordinance of God , because Gods Permission goes along with the Peoples Choice . Doleman , part 1. c. 6. pag. 99 , 100. and Postscript , pag. 36. Both of them do interpret it , not of Gods Directive , but his Permissive Will ; which is not pertinent , nor home to the purpose , because Gods General Providence is over all things : He suffers even Sin to Reign ; he permits Thieves to Steal , and Murderers to Kill ; and yet who will dare to say , that by him Thieves R●b , and that Murder is his Ordinance ? As to the point of Succession to a Crown by Descent , Inheritance , and Birth , Thus saith Father Parsons . And thus saith Mr. Hunt. It was ordained by the Commonwealth , that the elder and first in Blood should succeed . Doleman , part 1. cap. 6. pag. 106. The Succession to the Crown is Hereditary , because the People so appointed it , would have it so , or consented to have it so . Postscript , pag. 43. Some other conditions must needs be requisite for coming to Government by Succession , besides the only propinquity or priority in blood — and yet it seems they are not prescribed by any Law of Nature or Divine , for that then they should be both immutable , and the self same in all Countries ( as God and Nature are one and the same to all , without change ) where notwithstanding we see , that these conditions and circumstances of Succeeding by Birth , are divers or different in different Countries ; as also they are subject to changes , according to the diversity of Kingdoms . Id. par . 1. c. 1. p. 2. The Succession to the Crown is of a Civil Nature , not established by any Divine right : several Kingdoms have several Laws of Succession , some are Elective , others are Hereditary , under several limitations . — The several limitations of the Descent of the Crown , must be made by the People , in conferring the Royal Dignity and Power , which is more or less in several Kingdoms . Id. ibid. pag. 42. As the Commonwealth hath Authority to chuse and change her Government , so hath she also to limit the same with what Laws and Conditions she pleaseth . Id. p. 10. If the Royal Family be extinct , it belongs to the People to make a new King under what Limitations they please , or to make none . Id. ibid. p. 43. The Commonwealth giveth the King his great power over them — and prescribeth Laws unto him — and all Limitations of the Princes absolute Authority , do come from the Commonwealth , as having Authority above their Princes . Id. part 1. c. 2. It is evident , that the Succession to the Crown , is the Peoples Right . Id. ibid. Both the one and the other of these two points , were ordained by the Commonwealth , to wit , that the Elder and First in Blood , should succeed , and that he should be such a Person , as can and will govern to the publick weal of all . Id. pag. 106. For Princes are subject to Law and Order , and the Commonwealth which gave them their Authority for the common good of all , may also restrain or take the same away again , if they abuse it to the Common Evil. Id. p. 58. Though the Succession to the Crown is Hereditary , because the People so appointed it , would have it so , or contented to have it so ; yet in a particular case for the saving of the Nation , the whole Line and Monarchy it self , may be altered by the unlimited Power of the Legislative Authority . Id. Postscript , pag. 43. If one of a false Religion , or some other notorious wicked man or Tyrant should be offered by Succession , or otherwise to govern among Christians , in these cases every man is bound to resist what he can . Id. pag. 16● , 169 , 172 , 173. What unreasonableness is there in shutting the door upon him , making it fast against him by an act of State , who hath excluded himself by his Principles and Designs . Id. Postscript , pag. 45. Now if you ask , by what Law or Power a Commonwealth can pretend to keep a Prince back from succeeding ? The Jesuite and Mr. Hunt will tell you , that the Will and Pleasure of a People in this Case is Law enough ; that they have an Unlimited and Arbitrary Power lodged in them , and that we ought to submit to their determinations , without calling their proceedings into question , or disputing about the Lawfulness and Justice of them . Thus saith Father Parsons . And thus saith Mr. Hunt. The Realm or Common-wealth hath power to admit or put back the Prince or Pretender to the Crown ; and the same Commonwealth hath Authority to judg of the Lawfulness of the Cause : it is their own affair , and a matter that hath its whole beginning , continuance and substance from them alone , I mean from the Commonwealth , for that no man is King or Prince by institution of Nature — Therefore it is enough for every particular man , to subject himself to that which his Commonwealth doeth in this behalf , and to obey simply , without any further inquisition . Doleman , part 1. pag. 160. It is Criminal , and dangerous to the being of any Polity to restrain the Legislative Authority , and to entertain Principles that disables it to provide remedy against the greatest mischiefs that can happen to any community . No Government can support it self without an Unlimited Power in providing for the happiness of the People . No Civil establishment but is Controulable and Alterable to the Publick Weal . Whatever is not of Divine Institution ought to yield and submit to this Power and Authority . Mr. Hunt in Postscript , pag. 41 , 42. And a little before ; if any Law should exceed the declared measures of the Legislative Authority , though in such a case men may have leave to doubt of the lawfulness of such a Law , yet if it be not against any express Law of God , they will upon a little Consideration determine it lawful , if it be necessary to the Commonweal , for that nothing can be the concerns of men united in any Policy , but may be govern'd and ordered by the Laws of their Legislature , for Publick good : for by the reason of all Political Societies , there is a submission made of all Rights , especially of the common Rights of the Community , to the Government of its own Laws . Id. ibid. pag. 32 , 33. According to these Principles , the Power of a Commonwealth is so unlimited , boundless and extensive , as that it can over-rule matters which are naturally just and right , and justifie any thing that is intrinsically evil , if it be for the publick good . And whether this be not against the tenor of Christianity , and clearly repugnant to the Apostolick Rule , that we must not do evil that good may come ; and whether it be not perfectly introductive of a more Arbitrary Power in the People , than can be feared in any English Prince , I leave to such Honest and Indifferent Persons as your selves to judg . It hath been a Doctrine hitherto received by all rational and sober men , that Dominion is not founded in Grace , and that men do not hold their Estates and Civil Rights by their Religion . And I am confident , there is no Dissenter from the Church of England , but would think himself hardly and unjustly dealt with , should he be bound to forfeit all he is worth in the World for his Non-Conformity . Now one would think that Princes should have the same priviledg , at least which all Ordinary and Private men have . But in this point some are very Partial , and would vary and alter the case , where a Successor to the Crown is concern'd . For thus saith the Jesuite Parsons ; of all other holds , I esteem the tenure of a Crown ( if so it may be termed ) the most irregular and extraordinary — Men may not judg of this as of other Pleas of particular persons , nor is their trial alike ; nor the common Maxims or Rules always of force in this thing as in others : For if a Private man have many daughters , and die seized of Lands in Fee-simple without Heir Male , his said Daughters by Law shall have the said Lands , as Copartners , equally divided between them ; but not the Daughters of a King , for that the Eldest must carry away all , as though she were Heir Male ; Doleman , part 2. pag. 72. And thus saith Mr , Hunt , as he had written just after Doleman , The descent of the Crown is governed according to the presumed will of the People , and the presumption of the Peoples will is made , by measuring and considering what is most expedient to the publick good , whereas Private Estates are directed in their descent according to the Descendents . And this is the reason that the descent of the Crown is governed by other Rules than Private Estates : Only one Daughter , and not all , as in Private Estates , shall succeed to the Crown , Postscript . pag. 42. I did not think to have found so much of old Father Parsons his Paw in a New Book set forth for the preservation of the Protestant Religion : For who could dream , that any man should make use of a Woolf to save and secure the Sheepfold ? Yet I am willing to believe that Mr. Hunt in all this has no Design which he thinks to be Evil , and am heartily sorry , that so zealous a Protestant hath so unfortunately run upon Jesuitical Principles . But Mr. Hunt in page 33. of his Postscript directs us to a Pamphlet called , The great and weighty Consideration considered . And good Reason he had to recommend it , the Book is so very like his own , that a diligent Reader would believe them both to be the Off-spring of one Father , and as near of kin as Simeon and Levi. Old Father Parsons can never die , as long as he hath such an hopeful Issue , so like him in Lineaments and Spirits : And I begin to wonder , why some of late would be at the Expence to set out Doleman in a New Edition , since in this and the two former Pamphlets a true Protestant ( so called ) may find matter enough to compile a Dolemanian Catechism , were old Doleman utterly lost ; at least he might extract enough again to do the job of 41. and 48. and that , I suppose , is as much as some in the world do desire . Sir , you must well remember , that these are the Articles of Doleman's Creed , That though Government , in the general Notion of it , be of Natural and Divine Institution , yet the particular Forms of Governments depend upon the Consent and Good will of the People , that Kings are their Creatures ; that Succession to the Crown is at their disposal , that they can alter Government and Succession if they please , and even Depose the King himself , if they judge it needful ; and all this by a Boundless , and unlimited power of right belonging unto them . Now this Considerers Faith is just of the same piece for all the world . For he holdeth , That though God commands us in our Nature , to form our selves into Governments , for that Mankind cannot tolerably subsist without them ( which is Dolemans very Reason ; ) though Government , because it makes men equal and Reasonable , &c. seems to be the most principal Institution and Appointment of God in Nature , yet the Forms of Government , the Persons of the Governours , the Order of Succession , their respective Powers and Ministries , are of Mans appointment , and an Humane Creature , pag. 8. exactly agreeable to what Doleman delivers , pag. 2 , 3. If you urge , that Soveraign Power is called in Scripture the Ordinance of God , Doleman will tell you in answer to it , that 't is so called , because Gods Approbation and Concurrence goes along with the Peoples consent . And this is our Considerers very Notion , That Gods doing a thing is only the course of Natural and Second causes , to which because God gives the Direction and Motion , he both doth , and is said to do all that is done , pag. 13. Whence he proceeds to tell us , That every Form of Government is of our Creation , and not Gods , ibid. That the King hath his Authority from the Consent of the People in the first constitution of the Government , pag. 20. 'T is upon the strength of this Principle that he tells us , with the same Confidence as Doleman doth , That no Laws of Men are so fundamental , but that they are Alterable , Consider . p. 4. That a Government made by Men is not to be left meerly to Chance and the contingency of Birth , pag. 5. That all rights of Property are of Positive and Civil appointment and institution , p. 7. That no man can have , or is entitled to any thing , but what , and as the Laws allots it to him , Ibid. And that ( just according to Dolemans Notion ) every Form of Government was never intended unalterable , or at least inflexible , but was intended and made under Reservations , reasonable Exceptions of unforeseen Accidents , and rare Contingencies in Humane affairs , pag. 13. Now to prove all this , That every Form of Government is of Humane Institution , &c. Doleman offers and insisteth upon but one Argument , and 't is this , viz. That had Forms of Government been prescribed by any Law of Nature or Divine , then they should be both immutable , and the self-same in all Countries , as God and Nature are one , and the same to all , without change , Doleman part . 1. pag. 2 , 3. Now this is a very weak Argument ; for God and Nature have been one and the same to all , because Anciently every Form of Government in all Countries was Monarchical : And it will no more follow , that this one Form of Government was not setled at first , because several other Forms of Government were set up afterwards , than it will follow , that one sort of Religion was not instituted at first , because so many sorts of Religion crept in afterwards . However , this poor Argument of Dolemans is made use of by our Considerer , For ( saith he ) Nature hath made no Laws about Property , nor about Governments ; otherwise all Laws of Property and Right , and all Governments would have been the same ; for what she makes are Universal , as the Nature of man : Answer to a Letter , p. 29. 'T is an avowed Principle in Doleman , That it belongs to the Commonwealth to order all Succession to the Crown . And this is our Considerers Principle , That Succession is properly the Right of the Community , p. 20. That Succession to the Crown is the Peoples Right , the Right of the whole Community , their Appointment , their Constitution , and their Creature ; Answer to a Letter , pag. 32 , 33. Whereas it is urged well , that the King is by Nature , that he is our Natural Prince , our Natural Liege Lord , &c. this Considerer calls this , Loathsom Pedantry ; Answer to a Letter , p. ●9 . And in like manner saith Doleman , When men talk of a Natural Prince , or Natural Successor , if it be understood of one that is born within the same Realm or Country , and so of our own Natural bloud , it hath some sense : But if it be meant as though any Prince had his particular Government or interest to succeed by institution of Nature , it is Ridiculous , Doleman , part 1. pag. 11. If you ask , What power a Commonwealth hath to deprive a Successor without such Causes and Reasons which in the Eye of the Law seem Just ? Doleman will tell you up and down , That the Peoples Power is Boundless , Uncontroulable , and Unquestionable ; and that it is to be presumed and owned , that what they do in this case is just , because they do it . And at the same rate our Considerer speaketh , That no Government can want a power to preserve it self , ( whether it be by Right or Wrong means he considers not ) pag. 4. That no private Right but what is governable , and may be ordered as to the Legislature shall seem necessary to the preservation of the whole , pag. 20. That the King and his great Council , in providing for the establishment and security of the Government , in their Proceedings are not tied up to the Forms of Judicial proceedings ; but are to act upon such inducements , and in such methods , whereby the wisest men govern their affairs , in which they are at perfect Liberty , and not under the restraint of Laws : And that they cannot do Unjustly , whatever Methods or Means they use , that are Prudentially and Morally necessary to this End , Ibid. p. 21. It is justly demandable , How a Commonwealth came by this Prodigious , Omnipotent , and Ungovernable Power , so as to be under no Laws of Religion or Natural Equity ? In answer whereunto Father Parsons saith , ( what I noted before ) That it would be a very imperfect Law , that hath not provided for accidents so weighty and important , as some are , for saving and conserving of a Commonwealth , Preface to Doleman , part 1. Answerable whereunto is that Question of our Considerer , Can we imagine a Government , which is of Humane contrivance , to be without a Power to Preserve it self , and an Authority in cases that threaten its Ruine , to interpose with apt remedies for its Preservation ? Consider . p. 5. If by apt Remedies he meant Honest and Lawful means , we deny it not . But we cannot yield , that any men have Authority to do Injustice . They may have Power and Force enough to do so ; as some upon Shuters-Hill have Power to take away my Purse , and as the High-Court of Justice ( so called ) had to take away the late Kings Life ; but this is not Authority , or Lawful Power , or Lawful Proceeding . No private man ought to lose his Estate , but for Legal Causes , and by Legal Proceedings : To evade the force of this Argument , Parsons the Jesuit saith , That the Tenure of the Crown is irregular and extraordinary . Men may not judge of this as of other Pleas of particular persons , nor is their trial alike , nor the common Maxims or Rules always of force in this thing as in others . To prove which he tells us , That only one Daughter of a King ( though he hath many ) is to go away with the Crown ; whereas Private Estates are Divideable among all the Daughters for want of Issue Male , Dolman , part 2. pag. 72. It seems there is Law and Justice for Private persons , but not for Princes . And so this Considerer reckons too , That the Right of Succession to Government is not placed in the same rank with Private Inheritances , nor to be governed by the same Rules . That there is one Rule for the Succession of the Crown ; and another for the Succession of Private Estates : For the descent of the Crown is governed and directed according to the presumed will of the People , and this ( saith he ) gives us the Reason , ( the very Reason in Doleman ) why one Daughter or Female of the next degree shall succeed to the Crown , and not all , if more than one ; whereas a Private Inheritance is equally divided amongst them all , Consider . p. 32. Heirs Apparent are not true Kings until their Coronation ; nor is Allegiance due unto them before they be crowned , saith Doleman , pag. 108. No Allegiance is due to any Prince , but whom the Law appoints , and as the Law appoints , saith this Considerer , pag. 30. But Doleman is Positive that Princes may lawfully be Deposed ; and he observes too ( as a Remarkable Circumstance , as he calls it , ) That God hath wonderfully concurred ( for the most part ) with such judicial Acts of the Commonwealth against their evil Princes , not only in Prospering the same , but by giving also some notable Successor in the place of the deposed , Pag. 26. and Chap. 3. Had Father Parsons been alive in our days ▪ perhaps he would have instanced in that blessed Bird Oliver Cromwell , among the rest . But I leave it to you and to other Honest men to judge , whether our Considerer had an eye to that passage and observation in Doleman , when speaking of the Exclusion of the D. of Y. he saith , we know , and are most assured of the justness of the undertaking , and we have good Hope in the Goodness of God , that he will Succeed it , p. 7. Yet I do not much wonder at this , considering that he goes higher still , even from the Successor to the Possessor of the Crown . For thus his Politicks run , The Crown doth not lie in Dominion , but in Trust ; not in Property , but in Care , pag. 31. This is exactly Dolemans Notion , that a Princes power is , Potestas Vicaria , or delegata ; a power Delegate , or power by Commission from the Commonwealth , given him as their Trustee , or Proxy , part 1. chap. 4. Upon this Doctrine he builds that Position ( and it naturally follows ) that true Kings may be Deposed , ibid. and part 2. cap. 4. wherein our Considerer follows the Jesuit at the heels , owning that the People may recall their Letters of Attourney , and exauctorate their lawful King , p. 6. where he saith , ( and with base abusing Dr. Falkner , when he seems to commend him ) I will hope there are very few in this Nation so ill instructed , that doth not think it in the power of People to Depose a Prince , &c. Here the Gentleman speaks out and home ; and insinuates , that for a man to be a Martyr , or to bear the Cross of Christ , is to be ill instructed . According to this Jesuitism is the only true Orthodox Principle ; and so this Considerer hath lastily con'd Doleman thanks for all his Orthodox instructions . For , saith Doleman , the Commonwealth hath Authority above their Princes , pag 19. And this Considerer calls the Commons , the Greatest and Best part of the Nation , p. 6. which is plainly meant with respect to their Authority , because a King cannot be deposed but by some that are supposed to be Greater and Better than Himself . And so you see in the end what it is which this Gentleman and others of his Party and Persuasion would fain be at . They pretend the Preservation of Religion , and at the same time ven'd such Principles as overthrow the very foundations of our Government ; so true is that common observation , that these Pamphleteers begin with his Royal Highness , and end at last with his Royal Majesty . I need not say any thing of this Considerer's short Historical Collection touching the Succession of the Crown . For you and every body may easily see , that 't is taken out of Doleman . And so , let this Considerer and his Father Parsons go together . The next that comes to my hands is that Sir Positive Statesman , the Author of Plato Redivivus , who was so well pleased with the Comical Preface to Doleman ( where the Jesuit , after a Poetical manner , brings in two Lawyers at Amsterdam , discoursing about Succession to the Crown of England , ) that he could not but imitate the Poetical Fancy himself , bringing in a Noble Venetian , an English Gentleman , and a Doctor at London , all discoursing about the present Government in England : So that 't is but altering the Scene , and the Quality of the Interlocutors , and then the Dramatick Farce is in a manner the same . I confess this Gentleman is not Doleman all over from Head to Foot , but seems to have only the Guts and Garbage of the Jesuit ; I mean , his most Carrion-Principles , For in two respects Doleman seems to have been the better man of the two : 1. First , in respect of that Regard and Esteem for Religion , and for the Church , which the Jesuit expresseth with so much zeal , that he would have all other Interests to truckle to this : Whereas this Gentleman seems to own no Apostle but Machiavil the Divine ( as he often calls him ) but Ridicule's things Sacred , Scoffs at Ordination , maliciously Depraves our Church Constitutions , and makes use of his best Rhetorick ( that is , Buffoonry and Scurrility ) to reproach all our Clergy , speaking plainly thus , ( pag. 98. ) The truth is , I could wish there had never been any Clergy ; the purity of Christian Religion , as also the good and orderly Government of the world , had been much better provided for without them . Had the Bookseller been well advised , he might have been so respectful to the memory of the Divine Plato , as not to have put a Jewel of Gold in a Swines Snout , but should have entitled this Book rather , Lucianus Redivivus . 2. Then as touching Monarchy , even Doleman is so fair , that he allows it to be the most Excellent , most Perfect , and most Ancient Form of Government , pag. 12. But this Gentlman looks upon it as the very worst , and to have proceeded from the Corruption of better Governments , pag. 33. Therefore he admires the Venetian Government , as the only School in the world at this day , pag. ●4 . and prefers a Democracy before all , as a Government which is much more powerful than an Aristocracy , pag. 46. . And speaking of the Democratical Government of Rom● , ( which he extols as the b●st and most glorious Government that ever the Sun saw , pag. 45. ) he is pleased to observe , how truly we are not to examine now ) That in the most turbulent times of that Commonwealth , and Factions between the Nobility and People , Rome was much more full of Vertuous and Heroick Citizens , than ever it was under Aurelius or Antoninus , p. 43. By the way , I do not wonder , that this Gentleman should indeavour , as he doth , to persuade the King ( as if he could Cully him out of his Rights ) to share those four great Branches of his Prerogative among the P●ople , The power of making War and Peace , the disposal of the Militia by Sea and Land , the appointing of Officers of Trust , Civil , Military , and Ecclesiastical , and the Imploying of the Revenues of the Crown , pag. 2●6 , 257 , 258. For if these things were done , the Ends of this Gentleman , and of his Party , would soon be served , and His Majesty would shrink into a Duke of Venice strait , and we should have an Imaginary Prince indeed ( as he calls the King , pag. 43. ) were but our Government new modelled according to this Platonick Idea . But not to digress . Though Doleman and this Gentleman differ in some Points , yet they agreein the Main ; viz. That the Foundation of Government , and the Power of making Princes , is in the People . This ( saith Doleman , p. 11. ) is the ground of all the rest that I have to say : Meaning , that if this Power be once allowed , the rest of his Book must be granted , and the Peoples power to change their Government , to fore-close a Successor to the Crown , to Depose , Chastise , and Proceed against their King , to renounce their Allegiance , to forsake their Oaths , and the like ; all this Pow●r will Naturally follow . So that all Rebellions and Treasons are grounded upon this prime Jesuitical Principle , touching that Soveraign and Absolute Authority supposed to be lodged in the People , of making Kings , and of making choice of them a● their Proxies and Trustees . And is not this the Faith of the Author of Plato Redivivus ? For , pag. 32. He slights the Plea of a Monarchs Divine right to his Crown , as a piece of Court-Flattery ; just as Parsons doth in answer to Belloy , Dolman , part . 1. cap 6. He tells us , That the frame of Government was first made by the Persuasion and Mediation of some wise and vertuous person , and Consented to by the whole number , p. 30. That our Ancestors made choice of this sort of Government ( Monarchy , ) p. 113. That the burden of the Government is divided between the King and his Subjects , p. 116. That the Kings share in the Soveraignty is cut out to him by the Law , p. 120. That our Prince hath no Authority of his Own , but what was first Intrusted in him by the Government , of which he is the Head , p. 125. He looks upon these Notions as meer Pretences , that the Kings Power came from God , that his Subjects cannot dispute it , and that he ought not to give an account of his Actions to any but God. p. 178. He excuseth the taking Arms by any People in opposition to their Prince , from their claim to a Lawful Jurisdiction or Co●ordination in the Government , by which they may judge of , and defend their own Rights , p. 215. He tells us ( as if it were nothing but lawful ) that all People in the world that have Property , will drive out a King that doth reign injussiv populi , and exercise the Government Tyrannically , p. 71. Besides all these Principles , exactly agreeable to those in Doleman , he hath a fine Similitude , That as in some distempers in the Body , when the Head is out of order , though the distemper may begin from the disease of some other part , or from the mass of Bloud , or putresaction of other Humours ; yet since that noble part is so affected by it , that Reason and Discourse fails , therefore to restore this again , Remedies must be applied to the Head , and Humours and Vapours must be drawn from the Head , that so it may be able to govern and reign over the Body as it did before , or else the whole man , like a Slave , must be ruled and guided ab Extrinsec● , that is , by some Keeper : So ( saith he ) it isnow with us in our Politick disease , where granting ( if you please ) that the distemper does not proceed from the Head , but the corruption of other parts , yet in the Cure , applications must be made to the Head , &c. p. 231. Now as I was reading Doleman , I found such another Similitude , in part . 1. cap. 3. where he saith . As the whole Body is of more Authority than the only Head , and may cure the Head if it be out of Tune , so may the Weal publick cure or cut off their Heads , &c. pag. 31. How admirably well do good wits many times jump ? I remember now , that a friend of ours dreamt about two years ago , that a great Consult was held somewhere at the Sign of the Nags-head , which afterwards adjourned somewhere else to the Sign of the Kings-Head , and that there Father Parsons the Jesuit sate Chair-man , under the name of R. Doleman . Among other things , my Friend dreamt too , that a wicked Political Catechism was a making there . But I lookt upon that as an Idle Fancy ; for who could dream that such a seditious Pamphlet should come abroad at this time of day ? But I perceive I was mistaken ; for yesterday I hapned to read a new Assemblies Catechism bearing that Title , A Political Catechism : And I found it as full of the Jesuits Venom , as if it had been spitten out of Dolemans own mouth . For these are some of the Principles in it , word for word ; That the Government being a regulated Monarchy , the King is not above the Law , but is accountable to the Law , and not to God only , p. 1. 2. That whatsoever is done by the King , without and beyond the limits of the Regulation , is not Regal Authority , p. 2. 3. That to resist the notorious Transgressions of that Regulation , is no resisting of Regal Authority , ibid. 4. That it is so far from being a resisting of the Ordinance of God , that it is not so much as resisting the Ordinance of men , ibid. 5. That the King hath not his power , solely , or immediately by Divine-right . But 6. That the immediate Original of it was from the People . 7. That in questioned cases the King is to produce his Grant ( for he hath no more than what was granted ) and not the People to shew a Reservation . 8. That the good of the Subject is ever to be preferred before the greatness of the King , p. 5. 9. That it is lawful for the Two Houses to raise Arms to defend themselves in case an Army be raised against them , p. 7. 10. That They are the Legal Judges , when there is danger of Tyranny , and that they have Legal Power to command their Judgment to be obeyed . 11. That they have Power to dispose of the Militia ▪ to Levy Moneys , Horse , Arms , &c. even without or against the Kings Consent . 12. That of their Power they are the Legal Judges , and that all the Subjects of this Kingdom are bound by the Laws to obey them herein . Ibid. Sir , you cannot but remember , that the late Rebellion was raised and maintain'd upon these Principles . And if there were no new Rebellion intended again , for what Reason can you imagine is there a Revival of these Principles , which serve for no other end : The Author of Plato Redivivus , who doth confess , ( pag. 172. ) That we are to this day tugging with the same difficulties , managing the same debates , and giving the same disgusts to the Court , and Hopes to the Country , which our Ancestors did before the Year , 1640. might have added too , if he had pleased to speak truth to the full , that we are acting to this day upon the same Principles , on which they acted in 1641. All which Principles are of their Fathers the Jesuites ( who are of their Father the Devil ) and are so manifest , that he that runs may read them all in Doleman Redivivus . If now you chance to read the Character of a Popish Successor , you will find it there Asserted , ( pag. 21. ) That in the Infancy of time , and in the first Original of Nations , Monarchy came by the Peoples Choice , who frequently in the beginning of the World , o●● of the natural desire of safety , for the securing a peaceful Community and Conversation , chose a single Person to be their Head , as a proper Supreme Moderator in all differences that might arise to disquiet the Community . Now this is utterly false : but yet 't is directly Dolemans very Notion , pag. 12. And in the Vindication of that Character you will find another of Dolemans Pleas , viz. That the Succession of Kingly Government has not been so sacred , but upon some Occasions it has been changed by Divine as well as Lawful Authority , pag. 14. And in the Vox Populi the zealous True Protestant speaks after the Jesuite , saying , That the King has no Power , but what the Law gives him , pag. 2. ( And yet I ever thought , that the Law hath no Power but what the King gives it ; and if the Law be His Creature , how can it be His Creator ? ) And again he tells us , That the Kings share in the Sovereignty is cut out to him by Law ; and not left at his disposal , pag. 9. and that the King has no Prerogative , but what the Law gives him , pag. 13. Now , Sir , the Books and Pamphlets hitherto mentioned , have been all Printed since the beginning of the Year , 1680. B●t I must observe to you , that these Anti-Monarchical and Seditious Doctrines have come so thick into the World , by the Midwivery of a certain Speech which was made five years before , and which was Father'd upon a Noble Peer , who was then very active in the House of Lords . In which Speech you find these Positions , That the King is King by Law , and by the same Law that a poor Man enjoys his Cottage : that to say , this Family are our Kings , and this particular frame of Government is our Lawful Constitution , and obligeth us , is owing only to the particular Laws of our Countrey . Where the Author confesseth also , That he cannot find that ever the Jesuites or Popish Clergy , only some of our Episcopal Clergy , owned Monarchy to be of Divine Right . Of all this we had heard no N●ws for a long time , 'till some turn'd Mal●contents , by being turn'd out of their Honours and Offices at Court : Then the World began to turn too , and old Doleman , who had been so serviceable to Faction all along , was brought again above-board . You see the Gentleman doth own , that he had been Dealing and Consulting with the Jesuites and Popish Clergy ; for he matches them against our Episcopal Clergy , and declares himself plainly on the Jesuites side . But had he held his tongue as to that , yet such as had Parsons his Libel in their Studies , clearly perceiv'd whom he had been Trucking with ; for what he saith in that Speech , is the very substance of the first Chapter in Doleman . Our Clergy do not deny , but the King is King by Law , if he means , according to Law : for the Law doth Recognize his Sacred Authority ; our Laws give him his Due , they Own and Acknowledg that Right of Sovereign Power which he hath by the Laws of God , by Natural Claim and Inheritance . But the Law doth not Found his Right to the Crown , as it doth the poor mans right to his Cottage . For Kings were Kings before there were Laws ; and our King would be our Rightful Sovereign , were there neither Statute-Book nor Magna-Charta in all England . For the Authority of Kings doth not originally depend upon the Laws , or Consent of the People , any more than it dependeth upon the Consent of my Children that I should be their Father . The Kings Power is Antecedent to Law , which hath its force from Him ; as my Being is Antecedent to the Being of my Children , which have ( under God ) their Life from me . I hope it will appear ●'re long , that our Episcopal Clergy ar● but just to their King , in owning their Principles , which every knowing Man may justifie for them , if he will but obey his own Reason . That the Jesuites and Popish Clergy should be otherwise perswaded , is not to be wondred at , because being ingaged by their Interest to pretend , that the Popes Supremacy is of Divine Right , they are forced in defence of his pretended Power over all Princes , to lay their Authority very low , as if it were a Mushrome of the Earth , a little Creature of yesterday , depending for its Being upon the Peoples Courtesie . They therefore are not to be wondred at : but the wonder is , that any among us , that are Protestants , Zealots , Patriots , should fetch their Principles from Dow●y or St. Omers . We are like to have good work , when an Israelite must go to the Philistines to sharpen his Coulter , and for Heisers to ●●ough with . Really , Sir , I am quite tired with looking into Libels of this nature ; and shall only add , that if you have Time and Patience enough to read over as many of them as I have done , you will find , that the most Considerable Writers of Sedition , have taken large Collops out of Dolemans sides , and that every little Pamphleteer has come in for a Snack ; so that could Father Parsons now peep out of the Earth , he would bless himself to see what Filching and Kidnapping work hath been made of his Principles . But I must not forget to tell you of one very lewd Tenent , which Father Parsons had the Impudence to Publish to the World , to the great dishonour and scandal of Christianity . For speaking of the Primitive Christians Passive Obed●ence , under Julian and other evil Princes , he was not asham'd to give this as the Reason why they suffer'd so patiently and resisted not , because they wanted Arms to maintain their Quarrel , and had not Strength , Power and Force enough to cope with their Governours . Indeed I do not remember to have met with this Tenent in Doleman : but you may find it in another Book written by Parsons , which he called Philopater , though I have it not by me at present to refer you to the particular place . I confess too , that it was not Parsons single conceit for that notorious and swinging J●suite , Cardinal Bellarmine saith , That if Christians in the Primitive times did not Depose Nero and Diocletian , and Julian the Apostate , and Valens the Arian , and the like , it was because the Christians had not strength enough . In like manner another Jesuite , Azorius , giving a Reason why the Antient Popes dealt not roughly with Princes , ●●ith , It was because they wanted strength . I own too , that Buchanan spake at the same rate in his Book de jure regni apud Scotos : and whether Buchanan did borrow this Notion of the Jesuites , or the Jesuites borrowed it of Buchanan , others are concern'd to dispute it out . This is evident● that it is a Jesuitical Notion ; and I will add , a Notion which others even of the Popish Clergy did detest when it was first broached , as being utterly against the constant sense of the whole Catholick Church . Yet the late angry Author of Julian the Apostate confidently runs upon this very Notion . For speaking of the submission of Christians under Julian , he saith , What would men have a few Defenceless Christians do , when they had lost all their strength , and so many of their Numbers ? p. 94. Have they never heard a West-Country man say , Chud eat Cheese an Chad it . By applying which Boorish Proverb to his Purpose , our Author doth seem to intimate , that if the Primitive Christians had had Strength and Numbers sufficient , Rebellion would have been as welcom to them as their very Food , and that they would as gladly have resisted , as they would have relieved their Hunger : but it seems they wanted Cheese , and could not do what they had a mind and stomach to do . A most Monstrous expression from the Pen of a Christian , of a Protestant , of a Clergy-man ! For , first , nothing can be more false : because it is notorious , that Julians own Army consisted for the most part of Christians , ( if their Religion and Consciences would have given them leave ) could soon have done the Emperors work , when their Swords were in their hands , and Julian was at the Head of them in the Field . In those days the Numbers of Pagans were inconsiderable in comparison . For Christianity gained ground every day at such a strange rate , that ( before Julians time ) St. Cyprian tells us , the Heathens were Overmatcht by Christians : for ( said he to the Proconsul of Africa ) None of us resisteth , when he is apprehended , nor revengeth himself against your Unjust Violence , although the men of our side be Numerous and more than enough to revenge themselves . And before St. Cyprian , Tertullian boasted of the great Numbers and Strength of Christians . Of which , ( to omit other pregnant instances ) that passage in his Apologetick is a clear Demonstration . For saith he to the Emperor , Had we ( Christians ) a mind to do like Enemies , could we want Numbers or Armies ? such Foreigners as we are accounted , we have filled all that belongs to you , your Cities , Islands , Castles , Towns , Camps , Tribes , your Palace , Senate , Courts : we have left your Temples only to your selves . We who are thus willingly killed , what War were we not fit , not ready for , but that by our Religion it is permitted us rather to be killed , than to slay ? We could have fought against you even without the help of Arms , and without being actual Rebels , only by standing out , and holding off from your Assistance , out of spight for being severed from your Fellowships and Societies ( for so I understand those words , solius divortii invidia . ) These Testimonies alone do plainly shew the horrible falshood of that Jesuitical Notion , which this Author hath entertained , and is pleased to revive . And were this all , it would not be so much . But I add , secondly , that 't is a pretence which casteth such a Disgrace , such a reproach , such a scandal upon Christianity , and the Christian Church , that you can hardly find any thing to compare with it ( unless it be the lewdness of a certain virulent scribler , that pretending to write a Church-History , hath Calumniated the Christian Bishops , as if they had been a Race of the most Blood-thirsty and wicked men in the world , ) what would not a Celsus , or a Porphyry , or Julian have given for a Clergy-man in those days , who would have given it under his hand , that Christians were a sort of men , that wanted only strength and opportunity to be Rebels ? such a man would have done most rema●kable service to all sorts of Infidels and Blasphemers : For then they would have had some Reason and Authority for such Di●bolical sugg●stions as these . 1. That when Christ said to his Disciples . Render to Caesar the things which are Caesars , he was nevertheless Caesars Enemy , being supposed to mean , T'ill you can help your selves , and can be able by force of Arms to be revenged upon the Emperor . 2. That when the Apostles commanded Christians to Honour the King , to Obey Magistrates , to be Subject to the Higher Powers , and that not only for Wrath , but also for Conscience-sake , yet nevertheless they Disse●bled and plaid the Hypocrites , being supposed to mean , that Christi●ns should be Civil to the Government for the present , and till time served , and for fear only , and that they should be subject till th●y were ●ble to Rebel , and that they should be damned for resisting , unless they could resist to some purpose . 3. Whereas the Ancient Christians universally acknowledged , that the Emperor was the Vicegerent and Minister of God himself , that he was inferiour to God alone , and that Julian himself reigned by Gods Authority , as well as Constantine ; the Pagans would have lookt upon all these Professions to have been gross falsifications and lies , had a Church-man but insinuated , how that it was the sense of the Church , that they could lawfully Fore-close or Dethrone Princes when they had Power ; and nothing could have served more ●ffectually to render Christians odious , and Christianity it self Abominable . 4. Whereas the simplicity of Religion was so much Preached up , and the simplicity of its Professors was so much admired , that ' ●was the great Honour of the Church in those days , they would have been hated as meer Parasites and Hypocrites , should they have doubled in this particular , and the Heathens would have scoff'd and steer'd at their Profession of Loyal●y ( as this Author doth at the Doctrine touching Prayers and Tears , pag. 30. ) as a piece of Quackery and Mountebank-craft . I doubt not but all those in this Age who have no kindness for Religion , will make a great use of this Authors insinuations , and hereafter upon his credit believe , that the Primitive Christians were in their hearts so many Cut-throats and Rebels , whatever they pretended to the contrary while they wanted strength : and if this be not a scandal thrown upon the Catholick Church , a reproach cast upon Religion , and an horrible reflection made upon the very Founder and Author of it , I know not what is . And since this Person hath been pleased thus to disparage Christianity , and to ridicule the Doctrine of the Cross , by Drolling with the Doctrine of Passive Obedience , I do not at all wonder that he h●th taken the confidence also , to fall so foul upon Dr. Hicks , as to bring both his Integrity and his Learning into Question . 1. First his Integrity . For he plainly intimates his suspition , that when the Doctor in his Sermon on the 30th of January Preached the Doctrine of Passive Ob●dience , he might have a secret design to wheedle men out of their Lives : that he taught such Doctrine as is fit to turn a Nation into shambles , and enough to tempt and invite Tyranny and Cruelty into the World , pag. 88. Nay , he declareth his fears , that this Doctrine was calculated and fitted on purpose for the use of a Popish Successor , and to make us an easier prey to the Bloody Papists , pag. 89. In such times as these , when it may soon cost any man his Life to lye under the displeasure of the Rabble , could this Author have any but a Black and Malicious design , in thus exposing a worthy Person to their Hatred and Fury ? Dr. Hicks is better known than to be suspected by any but ill men , and yet I do not see what Reason even such men can have to suspect his Integrity for that Sermon . For , is not the purport of the day enough to excuse and justifie him ? Or could a man Preach upon the point of Passive Obedience more seasonably than on that day ? If you please to consult the Office appointed for that day , you will find that the Epistle ordered to be read contains and inculcates that very Doctrine ; and I wonder how it should escap● this Authors Observation , if he useth to be at Church on the Anniversary of the Kings Martyrdom . The Doctors business was to Preach submission to our lawful Governours . This every Clergy-man ought to do , and every honest Clergy-man will do , that loves and regards his Flock , and is careful to give them wholsom food , and to keep them from the Bane , ( for it seems the Sermon was Preacht a year before in his own ●arish , where he Resides . ) Now , could the Doctor pursue this good Design better than by shewing what the Doctrine and Practice of Christ himself was as to this matter , and how agreeable thereunto the Doctrine and Practice of the Primitive Christians was ? Since therefore that Blessed Prince was Resisted and Murder'd by men , whose Principles and Practices were of a far different nature and utterly inconsistent with Christianity , how could the Doctor chuse ( unless he would have been a Tergiversator ) but take notice thereof , and shew the difference by making a Comparison ? And why should this be construed , as a Design to serve the turn of a Popish Successor ? Surely the Doctor had no need to look so far : For I am bound to believe , upon this Authors Principle , what some would be doing even now , had they but opportunity and Power : They have plainly shewn their Teeth , and we may read the West-Country-Proverb on their Grinns , Chud eat Cheese an chad it . But whatever these are for , the Ministers of the Gospel ought to be for Obedience and Peace ; and I wish that the C●nstitution of our present times were such , as that they might think it an Unnecessary and Impertinent thing , to preach against Resisting even a Protestant Prince . 2. Besides this , he is pleased to disparage the Doctors Learning , as if he were better versed in the Dissenters Sayings , than in the Histories of England and had been behold●n to the Dissenters Sayings for a great part of his Sermon . Truly I think this Gentleman may well forgive the injury , if he be abused with this complement , that he may compare with the Doctor for his Readings . But I am apt to think , that what Books soever he hath been poring into , he hath not read ( at least , not considered ) some of the Doctors . For in the Dedication of that Controverted Sermon , he tells that excellent good man , the pr●sent Lord Mayor , that he had made it a year ago , ( before the Dissenters Sayings came abroad ) and that since he had made that Discourse ; New Collections had been made ( meaning those Sayings ) but , saith he , I have added very little , contenting my self with what I had before provided out of their Originals . He seems to have mentioned the Dissenters Sayings , not upon his own account , as having been beholden to those Collections himself , but rather for the Readers sake , to direct him where he might find many more of the same nature with his own . Besides , Dr. Hicks his several Citations in his Peculium Dei , which was not only framed , but Printed before the Dissenters Sayings , do sufficiently shew , that the Doctor had no need to consult them . Into the bargain there was Printed about three years ago a very Useful Book ( which I would recommend to you ) whereof Dr. Hicks is on all hands taken to have been the Author , ) 't is called , The Spirit of Popery , &c. And the Animadversions up and down in th●t Book upon the Speeches of Kid and King , give abundant Evidence , that the Doctor had been long conversant with the Phanatical Originals , and the Histories which give an account of them . I believe the Author of the Dissenters Sayings will not think himself dishonoured , should it be said , that this Book furnisht him with some Materials . But suppose ( which is common among Writers ) that Dr. Hicks had borrowed some Hints from Mr. L' Estrange , and that Mr. L' Estrange had borrowed others of Dr. Hicks , yet this is no more , than for one honest man to borrow of another ; and that is far more Reputable than for a true Protestant to borrow of a true Jesuit , and then to be ashamed of his Creditor and Friend . For the Doctor had justly Arraigned the Author of the History of Succession , for having stoln his Pamphlet out of Doleman ( the Book which you sent me , and which the Doctor in his Sermon calls , The most pestilent and dangerous piece , that ever was written against this Government , p. 28 . ) Julian took snuff at this , that a seditious Pamphleteer was discovered to have been trading with a wretched Jesuit . And yet he confesseth it to be possible to write an History of the Succession without borrowing from Doleman , p. 60. Very good : And why then did not that Pamphleteer do it ? Why , was he so Ill-advised , as to be beholden to a Jesuit at all ? Or why was he so Immodest , as to borrow his whole stock ? Or why was he so disingenuous , as not to own his Benefactor , in whose Book he had run a Tick thus ? Or , why was he so Impudent , as to pretend , that this Pamphlet was written by a Protestant hand , when 't was taken out of the Closet of Father Parsons ? All that Julian saith to it , is , That 't is impossible to write an History of the Succession , without having a great many passages which Doleman has got into his Book ibid. But , by his good leave , 't is possible to write one History without stealing out of another . 'T is possible to imitate a Book , without Transcribing it . 'T is possible to observe another mans Method , without running upon his Principles . 'T is possible to treat of his Matter without using his Fancy , and to pursue his Design without using his Phrase : This is as possible , as 't is possible for me to follow a Leader though I do not tread in his very steps . But let an indiff●rent person compared Doleman with the History of Succession , and he will find such an exact agreement , not only between the Method , Matter , and Scope of them both , but also between the Principles , Expressions , Arguments , Instanc●s , and the like in b●th , that though the world be full of Histories , yet you shall not find any two , that do so exactly jump together , as Doleman and the History of Succession do unless they be Abridgments or Transcripts . ) So that a man may well say , that the Pamphleteer had a design , not to write a new piece , but new Vamp an old one ; and to put a damned J●suit into such a new Dress , that he might appear in the world like a true Protestant . All these things considered duly , I may Infer , that since there is now adays such Fresh Trading and Trucking with the Jesuits , it is high time for every honest man in this Kingdom to make a Pause , and consider seriously whose hands we are in , &c. p. 27. It is high time for all the honest men in the Kingdom to consider whose hands we are in : And I am glad , that you begin to consider what a sort of men these are , who out of a pretended zeal for the Protestant Cause , take such an extravagant course as they do . What , is there no way to prevent Popery , but by planting Jesuitism ? Is this the way to uphold the Church of England , to fetch Shoars and Buttresses from the Church of Rome ? Have we not good store of wholsom Lews on our side ? Is not the Genius of the Nation so set against Popery , that they may as soon be persuaded to turn Turks ? Is not our Church so firmly Establisht , that if we be but Faithful to Her , it is impossible for that Scarlet Whore ( with whom so many Princes have committed Forni●ation ) ever to have again Joynture or Dower in this Kingdom ? Besides , and above all this , are we not sure , that the good hand of God will be over us , if we be but careful to commit our selves to him in well-doing ? But 't is observable , that these men in all their Writings take so little notice of the Providence of God , that a sober man may Reasonably suspect , that God is not in all their thoughts . They begin at the wrong end , and thinking that all must be done by Humane Arts and Policy , even rake Hell and scum the Devil , as if that were an effectual course to preserve the true Religion and Church of God. Setting aside the Romish Faith , and the Vow of blind Obedience , tell me wherein these men differ from the Disciples of Ignatius Loyola ? Why , only these are Popish , and they Protestant Jesuits . " Of all Sects and Religions ( saith Father Watson ) the Jesuit and the Puritan come nearest , and are fittest to be coupled like Dogs and Cats together . And so he goes on comparing them , and making both of them equally alike for their Hypocrisie , for their Conspiracies , for their Schismatical humour , for their malice against Bishops , for their Insolence and Disobedience to Government , for their violation of Oaths , for their Commonwealth-opinions , for their Tyranny and Usurping a Power over Princes , for their Conforming to the Laws sometimes to serve a Turn , for their Dispensing with one another in case of Occasional Communion and Occasional Perjury , &c. He instanceth in no less than twenty four points ; a full Double Jury ( if that would do any good ) by which if you try both Factions , you will find , that as they came into the world much about a time , so they have been sworn Brethren from the Womb. But he abuseth the old moderate Puritans , for 't was only some Rigid men among them that were so Ill-natured , so Imperious , and such Thorns and Goads in their Governours sides . However , one Faction has hither so shifted it self into another , that the old Puritan , that was peaceable and fair-conditioned , is quite gone out of the world ; he has been long ago lost in the Presbyterian , and the Presbyterian too is upon the matter lost in the Independent , and all of them are so lost in the Jesuit , that if you go to unkennel the Fox , 't is an even Lay whether you hunt a Jesuit or a Whig . What an odd thing is this , that men should turn Jesuits for fear of being Papists ? As I am an honest man , 't is matter of great Astonishment to me , and a most horrid scandal to Religion , that people should pretend such zeal for the Protestant Faith , and yet infect themselves with such Jesuitical Principles . We Rusticks are wont , when we plant an Orchard , to observe this Rule generally , to graft a better sort of fruit upon a worse , as we use to graft an Apple upon a Crab. H●d these men taken this course , and have studied Melioration ( as our term of Art is ) they would not have grafted the Jesuit upon the Protestant , but the Protestant upon the J●suit : Then they would have ●hewn their good Husbandry , and good Fruit would have come of their Labours . But they do not go according to the Rule : And then they say , they act according to their Consciences . Now Cons●ience , if it be Right and Honest , observe , the Laws of the great Husbandman : But when men overlook the directions of God , and act according to their Humours , or according to the Humours , or seeming Interest of a Party , then Conscience makes m●d work , and proves a meer Ignoramus , for it ever grafteth the Crab way . Hence it cometh to pass , that there is such a D●mn●ble deal of sowre fruit among us , as hath set the teeth of all honest men in the Kingdom on edge . For when once men are Jesuited , they will never stick at any manner of wickedness . Lying , Libelling , Sedition , Dishonesty , D●faming of Government , Disobedience to Laws , Obstruction of Justice , Hypocrisie , Perjury , and I know not how many Vices more , they have now lost the name of Sins , and are made the Honourable Characters of som● , who are pleased ( by a figure ) to call themselves True Protestants . For you may easily observe , that mens Scruples now lie one way only , viz. about Ceremonies , and little things pertaining to Order and Decency in the Church ; but there is little or no scruple about Immorality ; they Protest against Conformity , but not against Knav●ry . They will condemn Kneeling at the Sacrament as a damnable sin , and yet be guilty of it themselves to serve an End : And I cannot but tremble to consider , that the blessed Sacrament of Christs Body and Bloud should be used only as a Politick Tool , to capacitate men to be Potent Villains . Are not these Dainty Conscientious men , who can thus play fast and loose with their Consciences ? And who have got such a perfect mastery over them , that they can set them a whining , or put them to sleep at their pleasure , so that if a friendly job be to be done at Guild-hall or the Sessions-house , poor Dame Conscience is commanded to lie quiet behind the door ; and when the business is over , then she is taken up again to Pewk the next Sunday at the very sight of a Surplice . Sir , if you think me somewhat sharp , I must desire your Excuse , because nothing is more hateful to me , than a Conscience that is Tender in Part only ; a Conscience , that is much like an Animal in your Garden , which you call a Tortoise ; a Creature that is so very Nice and Tender in some parts , that it shrinks up it self presently , if you touch it with a Straw ; but yet is wrapt up in such a deadly hard , crusty shell , that you may drive Horses and Carts over it , and not hurt it . And really , Sir , as I was considering with my self , how mighty shy and scrupulous some are in things which are of an inconsiderable nature , ( but Straws in comparison ) and yet what little impression the weighty things of the Law make upon them , I thought presently of your Tortoise ; and was minded ( but that I do not care to give Names ) to call that a Tortoise Conscience , which some call a Tender , a True-Protestant , and an Ignoramus-Conscience . You need not wonder at all this , since ( as I said ) they have grafted the Crab upon the Apple , I mean the Jesuit upon the Protestant : For no good can ever be expected , where Dolemans Principles are suckt in . But you may see , how basely Partial these Folks are in their ordinary Censures : For let a man be a true Friend to the King and the Established Government , and presently ( forsooth ) he is a Papist . Let him Kneel at the Rails in a Chancel , and he is a Papist . Let him be for the use of the sign of the Cross , or for reading part of the Communion-Service at the Communion-Table , and h● is a Papist . Let him refuse to do evil that good may come though that was St. Pauls way ) and he is called a Papist . Or let him be for Subjection to a Lawful Prince , and ( when time serves ) for Passive O●edience , and he is a Papist with a witness . But let these men profess the Faith and Doctrines of the Jesuits ; let them Lie and Equivocate like the Jesuits ; let them violate Oaths , or Conster them in the●r own sense like the J●suits ; let them Dispense with one another in doing any wickedness that is serviceable to their Cause ( as the Jesuits do ) yet who but they the True Protestants ? The only Patrons of their Country ? The brav● Assertors of Religion , Liberty , and what not ? That Learned and great man Bishop Sanderson hath in one of his incomparable Sermons this following passage : I remember ( saith he ) to have read long since a Story of one of the Popes ( but who the man was , and what the particular occasion I cannot now recal to mind ) that having , in a Consultation with some of his Cardinals , proposed unto them the course himself had thought of for the setling of some present Affairs to his most advantage , when one of the Cardinals told him , He might not go that way because it was not according to Justice ; he made answer again , That though it might not be done per viam Justitiae , yet it was to be done per viam Expedientiae . The Pope thought , that any thing was lawful for him to do , that was but expedient for his Turn and Interest . Are not our Factious men now clearly of that Popes Persuasion ; ( goodly Protestants , as they are ! ) Do they not break over all bounds of Justice , when it is expedient for them ? Do they not Plead or Contemn the Laws , according as it is expedient for them ? Do they not Obey or Disobey , as it is expedient ? Do they not cry up or cry down Parliaments , as it is most expedient ? Do they not go to a Church or a Conventicle , as it is expedient ? Do they not Receive or Refuse the Holy Sacrament , as it is expedient ? Do they not avoid or stickle for Offices , as it is expedient ? Do they not observe or violate Oaths , as it is expedient ? Do they not shake hands with the Jesuit , or give him a kick , as it is expedient ? And yet these men would persuade us , that there is no Plot on their side , though Doleman be brought to life again : just as the Jesuits pretended , that there was no Plot on their side , though they plaid the like Pranks , and disseminated the like Principles , when Doleman saw the light first . I accuse no particular Persons , but if the Faction have no villanous Design in hand , they are damnable Fools to make such broad signs , and have damnable ill luck to have so many ugly Marks upon them . For what courses have they omitted , which a cunning Achitophel would think necessary to be taken , supposing that there were a design to subvert our present Government ? As little a Politician as I am , yet were I a great man , and could I suffer my self to be an Ill Subject , I know not what more effectual course could be taken to rend all into pieces than this : First , I would make my self Popular , and would curry favour with City and Country , by pretending to be a very Consciencious man , and a zealous Protestant , whether I had any thing of Conscience or Religion in me , or no. My next care should be , the Populace having entertained a great opinion of me , to tell my Fellow-Subjects and Admirers , that Kings are not such great men , nor Kingly Government such a great matter , but that Monarchs and Monarchy it self ought to truckle to the Conveniences of a Kingdom . Thirdly , my business should be to possess the People throughly with this Opinion , that all Power is derived from them , that a Crown is a Donative and Gift of theirs , and that they have an Unlimited Power either to continue a King and his Government , or to lay aside both , as shall be most expedient . My fourth care should be to lay open my Princes Infirmities , to disparage his Judgment as Weak and Impolitick , to render his Authority contemptible , to Reflect upon all miscarriages in his Government , and to make his Person vile and hated . But then , for fear of falling into open Treason , my next care should be to traduce and accuse his Counsellours , and to make the world believe , that they were all Papists , and perfectly designed the introduction of Arbitrary Power , that so I might wound the Prince himself through the sides of his Ministers . Sixthly , Under pretence of securing Religion , Liberty , and Property , I would make my Interest and Party strong , and gain over as many considerable men as I could , and persuade them to enter into a Mutual League , and throw the Government into the hands of such , and such only , as should subscribe and enter into the Association . After this , I would work so with my friends , that if one of our Allies and Confederates should be found out and Indicted , a Pannel should be packt of such True men to the Cause , as would stretch their Consciences a little to bring off a poor Brother , and keep him out of the reach of the King and his Laws . Besides , I would load all the Kings Friends with Reproaches , and odious Characters , and call 'em Tories , Rogues , Popishly-affected Rascals , Enemies to their Country , and the like . And at last , if a Parliament should happen to be called , especially to Oxford , I would indeavour that our Party should go in a Formidable mann●r , and with a numerous train of such true Protestants as Stephen Colledge ; and should be strongly guarded with Men , Horse , and Arms , so that nothing should be wanting but the sound of the Trumpet , and a Rendezvouz . Now , should I do thus , would not you think that I had a base Design a●d Plot in my head ? Would not any man think , that I had a mind to set things on a flame , when I had thus laid the Fewel together , and had blown the Coals , and was stirring up the Fi●e ? Sir , I do not say , or mean , that my Conscience can suffer me to do these things ; but whether these things have not been done , let the world judge . Yet truly I do not believe , that there is a Protestant-Plot , nor would I have it called so ; for the Principles of our Religion are such , that we dare not be seditious ; we dare not be ungovernable ; we dare not be Enemies to the King ; we dare not endeavour to pull down a Government that is so admirably well established ; we dare not be dishonest , unless we will be Hypocrites ; nor be Rebels , unless we will be damned . In a word our Religion is such , that we can lay no Plot , but this , How to be quiet while we live , and how to go to Heaven when we die . This is the business of a Right Protestant . Nor do I believe , that there is a Presbyterian-Plot neither ( properly so called . ) For that is such an odious , such an Ill-natured Sect , that the Genius of the Nation is set against them ; and we have had already such abundant experience of their Hypocrisie , Knavery , and Tyranny , that 't is not credible , that any man of Consideration will Plot , or venture his neck for them . Neverth●l●ss , the late Loyal Addr●sses from all parts do shew , that 't is the general opinion of the Kings good Subjects throughout the Nation , that there is another wicked Design on foot , besides that horrid Popish Conspiracy , which was discovered about four years ago . Indeed we cannot say , 't is managed by any one single Party or Faction in Religion , but rather that 't is a Motley , Pye bald Combination of many Factions , somewhat like that Army we read of 1 Sam. 22. which was made up of men that were in distress , of men that were in d●bt , and of men that were discontented . In like manner the Factions which threaten our Peace now consist of a Farrago and a Medley : you miy call it the Confusion-●ot , not only b●cause it tendeth to the utter 〈◊〉 ●n of our Laws , Liberties , Prop●r●ies , Peace and Gover●●●●t both in Church and ●tate , but also because it is carried ●n by a confused mixture , such as th●s● viz. Some that hav● lost their Preferments at Court , and would fain be Revenged ▪ some that never d●served any P●●ferments , and would fain be scrambling ; some that have inr●ched themselves by the Kings favour , and are therefore ungra●●ful , because they are unfatiable ; some that want Money , some that want Wit , and some that wa●t nothing b●t Honesty and Religion ; some that are A●heists and Hobbists ; some that have been old Rob●●s , Republicans , Rumpers , Cromwelians , Committee of Safety-men , Levellers and Sequestrators ; or the Heirs and Children of such ; some that hav● an aking Tooth after Crown and Church Revenues , some th●t are notorious for Dishonesty , and become Bankru●●'s and som● , that have been Infamous for Vice ; some that have been Catechiz'd in a Wine-Cellar , and made Maudlin-C●●●e●ts at the Tap head ; some that have been Illuminat●d on a sudden in Moor-Fields , and been Dipt in Cornelius his Tub ; s●●e pretenders to Conformity that have been unfortunately hook't in unawares ; and divers Ringleaders and Abettors of Schism , who would gladly have another run after that Breath'd Puss , the Good Old Cause , which we were apt to think , when a most Graciour Act of Oblivion came forth , would have died quietly in its Form. Of this Design we had evidence abundant by the late famous Association , which opened the eyes of so many honest Royalists in the Kingdom . That alone gave a clear Demonstration of the matter , though we had reason enough to suspect it shrewdly before . For it was observed , that upon the Discovery of the Popish Plot , when the Church of England-men unanimously and vigorously fall upon the Church of Rome , the Dissenters at the same time fell foul upon the Church of England . You know how maliciously active and zealous Mr. Baxter and the rest have been in that Cause , and in that Cause only . This we were amazed to see , and could make no other Construction of it , but that they took an early care to destroy the establisht Church themselves , as if they believed not , that the Papists could be able to do it . For the Church of England being the only impregnable Fort against Popery , we could not conceive , that Protestants would endeavour to remove , or weaken , or pull down that , if they did believe really that the common Enemy had a Plot against it . How can this be , that men should fear an Enemy , and believe him to be under the Walls , and yet at the same time open the City Gates , and with a pretended Design to keep the Enemy out too ? this is as unlikely , as that men should believe and fear that the Kings Life and Person is in imminent danger , and yet at the same time endeavour to remove his Guards and leave his Palace naked , pretending to preserve Him. How , I pray , can these things consist ? Besides , we see how zealous the Factious have been and are , in stickling for Offices of Trust , which in quiet and setled times they studied as much to avoid , as being only vexatious , troublesome and chargeable , but of no use than for the disturbance of a Profound Peace . We see how readily they themselves have confuted their own pretences , touching the sinfulness ( forsooth ) of complying with some Laws , and Conforming to the Church of England . For rather than stand out of play , when the Old Game is going again , they will ( for once ) abju●e the Covenant , and take the Test , and seal all this by receiving the Holy Sacrament according to Law , even when their own Consciences tell them ( unless their Tongues lie ) that it is Damnable to do so . Add to this , that the world rings of Ignoramus-Juries , when Full , clear and plentiful Evidence hath been given by men whose Credit in other cases has passed unquestioned . By which means Justice hath been obstructed , and the Law hath been over-ruled , or the edg of it hath been turned on one side only , so that the King himself hath been denied the benefit of it , and men that were notorious for Dishonesty and Sedition have been Protected against him . Now , it is not credible , but that all this is in order to some very evil Design , which cannot be carried on but by these very evil means ; because it cannot be supposed , that men would dare to be Hated by the Government , to be Obnoxious to the Magistrates Sword , to mock Heaven , to forfeit their Reputation , and to play handy-dandy with their Consciences , did not some desperate Plot require such desperate Courses , as they cannot but know will one day rise up in Judgment against them even in this World , if the establisht Government holdeth . The Consideration of these things is enough to convince all thinking Persons , that there is a Monstrous Intrigue in hand against the Government . But , to deal plainly with you , all these Arguments to me seem to be over and above . For , as I mistrusted something of an extraordinary nature above three years ago , when Pamphlets came every week abroad full of unworthy and base reflections upon the King , upon his Counsellors , upon the Bishops and all the Clergy , upon the Offices and Rites in the Service Book , upon the Long Loyal Parliament , and indeed upon the whole Frame and Constitution of our excellent Government ( which reflections , had they been just , were surely altogether needless then , if nothing but an engagement against the Popish Interest was intended ) so when I saw the Jesuites Principles brought upon the Stage again , and found it confidently Asserted , and by many Believed , that Monarchy is a meer Human Ordinance , that Kings hold their Crowns by the Consent of their Subjects , that all Power is Originally in the People , that this Power of theirs is Unlimited and Uncontroulable , and many the like Positions more , which overthrew the Government once ; then all my doubts vanished strait , and what I mistrusted before , then I firmly Believed , that an Alteration of our Government was intended again , and that these Principles were vended about to prepare a way thereunto : for to what other purposes could these Principles serve ? But now at last , when I saw that evil men were not contented to Skim and Retal these Principles out of Doleman , but moreover have reprinted Dolemans whole Book at large , it is impossible for me to force my Charity to believe otherwise , than that they have such a black Design against the whole Royal Family and the present Government , as I am loth to mention . For Books are not wont to be sent abroad into the World , but with a Design ; nor are Booksellers willing to run the hazard of a whole Impression , unless there be strong probabilities that it will do either Good or Mischief : and the Reprinting of Doleman at this ticklish juncture , when the affairs of England are in such an U●certain and Tottering Posture , is a plain Argument , that 't was done with a Design to possess the People of England with such Notions , that they might be ripe for a Rebellion , and ready ●or a total change of our Government , either according to the State of Venice ( which is the drift of Plato Redivivus ) or according to the Model of Holland ( which other Factionists are generally more inclined unto . ) Consider the thing well , Sir , and then tell me your thoughts , whether that might not be the intent of putting that Pestilent and Villanous Book again into the Press now , which at the Kings Restauration , and for many years since , was hardly valued so much as waste Paper in comparison . Men and Books rise or sink in their price according to the condition of Times . Twenty years ago it was Hony-moon in England , and , under God , nothing was so dear to our Souls then as our King and our Government : and had Doleman appeared abroad then , as he doth now , we should have thought that Oliver Cromwel had sent the Jesuite from Hell , and he would have been Executed at Tyburn by the Hangmans hands , before he had done any further mischief . But now the Case is alter'd , and the smart of Rebellion and Innovation is quite out of some mens fingers ; and such as are for playing the Old Game over again , think it their best course to use the same Cards that were so lucky to 'em once before ; and Father Parsons is called for to help 'em Deal . Sir , I will not give you any further trouble now , though when I first set Pen to Paper , I thought it necessary to Examin those Principles in Doleman , which are so Popular in these days . And because I find , that the Doctrine of the Kings Divine Right to his Crown is become odious to many , who look upon it to be full of dangerous Consequences , as well as unreasonable in it self : and because the Clergy of our Church are hated for that Doctrine sake ; and the ashes of that Learned , Loyal , and Honourable Person , Sir Robert Filmir , have been of late polluted with a great deal of dirt out of the Kennel , for no other Reason but because he was such a Fatal Enemy to that Jesuitical Principle , that the Original of all Power and Government is in the People ; therefore I judged it proper and seasonable to shew you , what is meant by the Jus Divinum of Monarchy , and what strong Reasons that Doctrine is founded upon , that so I might vindicate the Integrity and Honour of the Assertors of it . But I am not willing that this Letter should swell into a large Discourse . However , if it may be an acceptable thing to you , to be acquainted with my thoughts on that Subject , you know you may Command me , as my business shall give me leave . In the mean time I own my self , Sir , July the 6. 1682. Your faithful Servant , &c. FINIS . Notes, typically marginal, from the original text Notes for div A53949-e160 Fa. Watsons Quodlibets Pag. 236. Id. p. 109. Id. p. 217. Id. p. 30● . Id. p. 305. Id. p. 265. Id. p. 236. Quodlibet , p. 286. a De jure Magistrat . in subdit . b Vindiciae cont . Tyran . Though 't is hard that the same men should be Parties and Judges too . * For without Order there is nothing else to be hoped , but Horrour and Confusion , Doleman , Pa. 6. ca. 1. part . 1. For remarques upon this Story see the Answer to the History of Succession , p. 25. Observe , that the power of Deposing a King naturally follows from the Doctrine of the Peoples power to chuse one . But is not that Right of Power which a Father hath over his Child , and an Husband over his Wife , by Divine appointment ? Quod si Christiani olim non deposuerunt Neronem & Diocle●ianum , & Julianum Apostatam , & Valentem Arianum , & similes , id suit quia deerant Vires . Bellar. de Rom. Pontif. 1. 5. c. 7. Azor. instit . Moral . par . 2. 1. 10. c. 2. Nemo nostrum quando apprehenditur , reluctatur ; nec se adversus injustam violentiam vestram , quamvis Nimius & Copiosus noster sit populus , ulciscitur . St Cypriar . ad Demet●ian . p. 257. edit . Pamel . Quodlibets p. 27 . Serm. 12. Ad Aulam , p. 166. 
A60816	----	Some observations upon the tickling querie (viz.) whether the admitting of a popish successor be the best way to preserve the Protestant religion, with other passages touching the history of the succession and other pamphlets / by a gentleman in the countrey to his friend in London. Gentleman in the countrey. 1681 Approx. 28 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A60816 Wing S4542 ESTC R17822 11936250 ocm 11936250 51184 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60816) Transcribed from: (Early English Books Online ; image set 51184) Images scanned from microfilm: (Early English books, 1641-1700 ; 513:42) Some observations upon the tickling querie (viz.) whether the admitting of a popish successor be the best way to preserve the Protestant religion, with other passages touching the history of the succession and other pamphlets / by a gentleman in the countrey to his friend in London. Gentleman in the countrey. [2], 7 p. Printed for Joanna Brome ..., London : 1681. Reproduction of original in University of Pennsylvania Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession. 2007-01 TCP Assigned for keying and markup 2007-01 Aptara Keyed and coded from ProQuest page images 2008-01 John Pas Sampled and proofread 2008-01 John Pas Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion SOME OBSERVATIONS UPON The Tickling Querie , ( Viz. ) Whether the admitting of a Popish Successor , be the best way to preserve the Protestant Religion ? WITH OTHER PASSAGES TOUCHING The History of the Succession and other Pamphlets . By a Gentleman in the Countrey to his Friend in London . In illa tempora perventum est quibus nec vitia nec remedia pati possumus . Liv. LONDON : Printed for Joanna Brome , at the Gun at the West-End of St. Pauls , MDCLXXXI . Some Observations , &c. SIR , VVE Return you our humble thanks for your constant communicating to us your City-Pamphlets , for though generally there is neither much wit nor truth in most of them , yet they give us some divertisement to observe how industrious they are to sow the Tares of Disloyalty and Sedition in the heads and hearts of the People : But , God be thanked , we do not find that it takes much effect , at least , about us , for we knowing their Design , and having , many of us , seen the Cheat acted once before , are not so easily prevail'd upon to renounce our Loyalty to the best of Kings , and our veneration and obedience to the best Religion in the World , only to rescue a company of furious Zealots from those punishments they know their ill actions have deserved , and which they think cannot be safe but by attempting greater . As for your Intelligences and Mercuries , that call themselves Protestant , certainly they are the last Effort of the Pope and the Devil to make the Word odious in the World , and certainly are as great a Scandal to the true intention of the Word Protestant , as Popery is to Christianity . And though the Word it self doth not signifie Religion ( no more than the late Protestation of the Lords at Oxford made them one jot the more Religious . ) For the true and proper distinction between us and the Papists is the Reformation , and at this day those whom we call Protestants of France , stile themselves Ceux de la Religion reformée , and their Church , l'Eglise reformée . However time and use those great Arbitrators of Words , have made the Word Protestant , familiar and significative amongst us , and is not so large as , No Papist , ( as some would have it ) so as to include Turks and Jews and what not : but hath its sober signification , and with us signifies , Those in the Communion of the Church of England Established by Law at the times of the Reformation in the Days of King Edward the Sixth , and Queen Elizabeth , and so continued down to this Day . But as for those Sham-Protestants , those Scribling-Bermicham , and as they call themselves Dissenting-Protestants , are no more Protestants in the true Notion of the Word , than one that denies a thing can be said to affirm it , or one that dissents can be said to assent . And as the Word took its Origin from those gallant Protesting Princes of Germany against the Edict of Spire : so it were not much matter if it were laid aside , when it is usurped by such Seditious and Scandalous Persons , who shame the Word . Your other Books of The History of the Succession , Character of a Popish Successor , and such like , What do they but Rake in the Kennels of History , and pick up all the black and unjustifiable Actions of several Ages to make good their own Seditious Principles , and think themselves good men , if they can find any upon Record as bad as themselves : It being as illogical from those many Rapes that have been made upon the Legitimate Succession of the Crown , by those several Bold Usurpers and Ambitious Pretenders to Royalty through the Assistance of discontented Grandees and Clergy-Men , to prove this an Elective Monarchy , as to prove the Lawfulness of Robbing upon Shooters or Gads-Hill , because de Facto it hath often there been put in Execution . But it is an easie thing to persuade men that are resolved upon the Point ; and though we know they would stick at no villany to compass their Ends were it once in their power , yet they please themselves to see how many Gudgeons they catch , with these specious Baits of Precedents and History , which neither they themselves believe , nor hope they will prevail upon any thinking men , yet knowing how willingly the Zealous Party are led by the Nose , they venture to print any thing , rather than seem to starve their Cause , or let their Mad Admirers cool into Soberness and Loyalty . How much more ingenuous aud beneficial to Mankind were it for these Men to have observ'd to the World how Funest and Tragical both to Prince and People , most of those Usurpations have been , though otherwise confirmed , as they call it , by Parliaments ; What Seas of Blood have been let out of the Veins of Noble and Simple , what Ruins and Desolations have attended the Defence of their ill-obtained Regalities , where as 't is said in ill-gotten Goods , vix gaudet tertius haeres : so in these Parliamentary Titles they never were of long continuance ; but the Restless Nation through an innate Loyalty and Secret Love and Acknowledgment of the Sacred Right of Succession , was alwaies rowling and never quiet , till the Crown was Fixed upon the True and Legitimate Heir . And how little Knowledge in Judicial Astrology would serve the turn to predict the same Effects from the same Causes ? And how easie to imagine that they may at last be Cudgell'd into that Loyalty and Obedience , which now they willingly Forfeit , and after a vast Expence of Blood and Treasure be glad to return to that blessed Peace and Protection we now enjoy , but do not value . Ay , But the Protestant Religion will be destroyed under a Popish Successor ? And we are under more strong Obligations of Conscience to defend our Religion , than we are to defend the Title of any Prince whatsoever : And it is a greater Offence to God Almighty to introduce Idolatry than to destroy Monarchy : And several other pretty Arguments to prepare the People to Rebel for Conscience sake . To these and a great many more I shall not trouble my self nor you to make any Remarks upon , as arising rather from mistaken Zeal , than from Solid Reasoning : But I shall only touch upon their beloved , darling Querie , over which they hug and tickle themselves , and make such an Oration , as if they had gotten some signal Victory ; Viz. Whether the admitting of a Popish Successor , be the best way of preserving the Protestant Religion ? Now if there can be any Rational Account given of this Paradox , or that any one can make the Question it self consistent with Religion or Policy , erit mihi magnus Apollo . But though I shall not undertake so seemingly difficult a Province , as to Answer the Querie , as they term it , Categorically , yet you will pardon me if I give you my slight thoughts of it . And First I must dissect it into parts , As whether the Admission of a Popish Successor be in our Choice or no ? Or , Whether God Almighty hath left it to the Liberty of every People to Chuse their Prince ? And if so , Which of the People is to do it ? And if Religion hath any influence upon his being admitted , Then another Querie may be , Whether the admitting a Presbyterian Successor be the best way of preserving the Protestant Religion ? And so an Independent , Anabaptist , or Quaking Successor . Then I am to Ask , What you mean by Protestant Religion , whether that Established by Law , or some other , or all other but that ? For if we may judge by the Querents , we know there is nothing less in their thoughts than being over solicitous to preserve that Religion , which they brand with these ridiculous Terms of Torism , Tantivism , Masqueradism , and such like ingenious Titles : For which Reasons the Querie might be , Whether Popery or Presbytery is the readier way to destroy the Protestant Religion ? And indeed this is a Querie too hard for me to determine , I know the Papists have Will enough , but the Presbyter hath constantly had the better of them , as having better advantage , being a seeming Friend and so less suspected ; And indeed the Papists despair of doing any great mischief but through their sides , and by their assistance . And I do extremely wonder , that Men of Parts , as some of the Faction certainly are , should be so gull'd with malicious Zeal against the Religion Established by Law , that they are content once more to be the Papists Journey-Men and Tools , as they in their Prints confess they were , when they would Divert the Odium of the Late Rebellion , and Murdering the Late King , of Ever-blessed Memory , from themselves upon the Papists , who they acknowledge insinuated themselves into their Councils , to their Armies , their Pulpits , and what not , ( I was going to say their very Beds . ) So that whilst the innocent Presbyter had no other Ends but advancing the Kingdom of Jesus Christ , and making the King a Glorious King , according to the Covenant , The Jesuitical Independents snatched the King out of their hands ( who was their King , by one Title more than any other Party could pretend , as having bought him of the Scots , and that at a great Rate , and some of them knew for what End too ) and , God knows much against their will , Cut off his Head ; while on the other side , the more ingenious Villains of the two , the Independents , own the Fact , but tell them they could never have done it , had not they held him by the Hair. Thus the King was once Murdered , and the Religion Destroy'd by the Zeal of the Presbyter , under the Conduct of the subtle Jesuit . And now we see , Since the great Plot against the King and the Church of England hath failed , having been so happily and fully Discovered , by that never-to-be-forgotten Doctor Oats , and the rest of the concurring Evidence , the sly Jesuit hath betaken himself to his old slights of Plowing with the zealous Dissenters , as the said Doctor Oats so Prophetically Swore and Foretold in his first Discovery , assigning the very places and stages on which they were to Act , as he said such and such going for Scotland , and mingling themselves with the discontented party there , who no doubt play'd their parts so well , as to stir up some Zealots to Murther the Late Bishop of St. Andrews ; others to the Late Rebellion there , which was so happily Suppressed by the Courage and Conduct of his Grace the Duke of Monmouth . But that which is most strange is , that it seems that the very Blood which was there drawn from the Rebels , hath by some energetick influence infected some of those that drew it ; who have ever since been suspected , at least , very much to favour the Party and abett the Principles of those they chastised . Mysterious Victory ! where on one side their Bodies , on the other their Minds were interchangeably led Captive . Nay more , That Victory of the Dukes was so ill resented by that Party here that have a secret compassion for all insuccessful Rebels , ( and probably the Jesuits the Doctor mentioned and these were all of a complexion ) that some had like to have lost their Interest , for pushing that Service farther than was intended they should have done , and destroying so many of those daring and precious Souls they might hereafter have occasion to make use of . But to return to our Tickling Querie , and the little ones in the belly of it ; though indeed it is the most disingenuous thing in the World to make Queries and lay some stress upon them , which they themselves know have no foundation in reason or practice . For if it be as clear as the Sun that in such a Kingdom as we are in , viz. an Hereditary Kingdom , where the Succession hath been continued down for so many Ages ( saving some interruptions by Usurpers , which never lasted long , and cost the Nation so dear as was before hinted ) we are no more concerned in the Qualifications of a Legitimate Successor , than we are in the Frosty weather in May , or the no Rain in April : But if God in his Wisdom shall think fit by sending us a Popish Successor ( as they call him ) for to revenge and punish a sinful and peevish Nation , or for the Tryal of the Faith and Courage of those that call themselves Protestants , what have we to do but receive him , as we should do all other Chastisements , with all Veneration and Submission , and beg of him to give us Grace to make the right use of those Afflictions , that is to amend our Lives , and be so much the better , by how much the Times are the worse . As for the Writer of the Character he hath taken indeed a great deal of pains to represent his Popish Successor in all the dismal and frightful appearances that wit or malice could handsomely invent , on purpose to scare unwary people out of their wits first , and then out of their Loyalty and Allegiance as well towards the Possessor as the Successor ; for to speak the plain Truth , the Arguments as well as the Design is clearly against both , at least they know there is no plausible way to prevent the Successor , but by using the Possessor so ill , that he may be forc'd at last to yield to their importunities , and pass such Laws as may either totally Exclude , or so modifie and shackle the Successor , that it shall not be in his power to do half the harm the Character threatens us with . And here naturally falls in a Question , Whether a King in possession with the Advice and Consent of his three Estates Assembled in Parliament ( the Mint and Fountain of all our Laws ) can Legally do the one or the other , that is , either Exclude or Modifie ? And though it be a dangerous thing to question what a King so fortified may or may not do , yet we see every day , several undertaking and determining the Question on either side , and that positively ; So that we are left , in aequilibrio , which side to take , as our Affections and Interest most incline us . And though I will not be positive on either side , I shall only put this Querie : Whether if it were clear , or granted , That they could not Exclude , whether then they could not Modifie ? I know that the Current of Opinions is , That all Modifications are ineffectual and delusory , nothing but a total Exclusion will serve the Turn . Now if they would be ingenuous and would Confess that they are of Opinion , That nothing but an Exclusion will serve their Turns , I should be a little of their minds , for being conscious to themselves how far they have provok'd him , they judging by their own Charity , conclude themselves unpardonable , and therefore for their own Security must endeavour to wheedle the whole Nation into the same degree of Guilt to save them harmless . But we hope the Nation is not so mad yet , to involve themselves in so great Sin and Danger only to gratifie or secure a few discontented Republican Desperado's . Therefore to leave that Question to them of those Principles , give me leave to put you a Case that on this subject was urged by one of our Company ( and he a very honest man too , as we take him at least . ) I would willingly be satisfied , saith he , why the King in Possession with the Advice and Consent aforesaid , foreseeing that by a Popish Successor at any time , it is more than probable , not only the Religion Established , but the very Laws and Government will be in danger of suffering such convulsions as may hazard the Ruin and Downfall of Monarchy and Religion both , whether ( saith he ) they may not make such Laws and Provisions , as may in humane probability prevent or alleviate such dismal consequences . As for instance , without reflecting upon the D. Y. whether he be a Papist or not , nor if he were so , whether he be the worse ( as the Character asserts ) for being one of the most Accomplished Persons in Europe : We are only to enquire , says he , whether if the Religion Established by Law in England , be a Religion worth our care , and that certainly by all lawful means we may endeavour its Preservation and continuance among us , and its consignation to our Costerity ; And that the Religion in England is so implicated and involved with the Laws and Government , that one cannot be invaded but the other must be in danger , and if it be necessary to preserve either or both , and that it is not consistent with Reason to expect this from a Popish Successor at any time ; Then whether it be not in the Lawful Power ( I will not add , saith he , the Duty and Obligation ) of the King in Possession with the Advice and Consent aforesaid , to make and pass a General Law by Act of Parliament , That no Papist whatsoever shall at any time hereafter be capable of Inheriting the Crown , with such other circumstances as shall be thought necessary for such an Act. And first , saith he , here is no wrong done to any man ( for the D. Y. is not yet convict of being so ) for if the Modes and Qualifications be lawfully laid , then 't is not the Law but you that exclude your self , and the Subjects are excused by a Law ( as great as that which requires them to take the Oath of Allegiance ) from submitting to such an unqualified Person . Now though it is urged by some ( continues he ) That in Hereditary Successions , no Limitations can be laid by any Power upon Earth to bar the Inheritance , being founded by a Law paramount to all humane and positive Laws , viz. The Law of God and Nature : Yet give me leave , says he , to ask these Gentlemen , whether the Laws of God and Nature have more force here in England , than in any other part of the World ? We know very well that by the Laws they speak of , Proximity of Blood is only to be regarded , without any other consideration , either of Religion , Manners , Sex or Age , even to Ideots and Madmen . How then comes it to pass , that in France an Hereditary Monarchy of the first Magnitude , the Crown is Limited to the Heirs Males , for whether the Salique Law be as old as Pharamond , as they pretend it is , or whether it were only made to serve a Turn to exclude our Edward from his Natural Right to that Crown , in Right of his Mother , it will not be worth the while to enquire at this time a-day , de Facto , it is so , and hath been , to the Exclusion of all Females and their Issue to this very time . And though some would seem to justifie the practice with a Dispensation from Heaven , because there is such a passage in the Scripture , Lilia nec nent nec laborant , yet that will scarce pass with any but such as interpret Scripture A la mode de France . So in Portugal , where they admit of Females to Inherit the Crown , yet they are Limited to such as Marry within that Kingdom , and this upon pretence of the Law of Lamego ; a fresh instance of which is now upon the Stage in the Infanta of Portugal , who being to Marry with the Duke of Savoy , in order to make their Issue capable of Inheriting the Crown of Portugal , The States of the Nation were Convened , and their Consent required , for dispensing with that Law for this time , and in that Case . And by vertue of that Law the late Duke of Braganza ( Father to the present King and Prince Regent of Portugal ) was declared King , having Marryed Catherine , a younger Daughter , yet Marryed within the Kingdom ; whilst the Issue of Mary though elder Daughter Marryed to the Duke of Parma , were Excluded , according to that Law of Lamego . In Poland ( though it be yet an Elective Kingdom ) yet their very Elections are Confin'd and Limited to one that is a Roman Catholick . And so in several Parts of Germany their Chief Magistrate must be alternatively a Romanist and a Lutheran . Now if all this be well done in these Countries notwithstanding the Divine , Natural Right of Succession by proximity of Blood ; And if every Nation is bound by the highest Law to take care , Ne quid detrimenti Respublica capiat ; And we see other Countries do and have made Laws which they judge most convenient for the good of those respective Countries even to the Limiting the Succession ; How comes it to pass that we in England are deprived of this Liberty that other Countries take in preserving themselves and their Government entire and unshaken . Another Question of this nature and probably as important as the former was urg'd by another Friend , viz. In Case the Wisdom of a King in Possession by the Advice and Consent aforesaid : should make such a Law to Deprive all Papists from Inheriting the Crown , and should Declare , That such and such Overt Acts should be a sufficient conviction in Law to affect such Persons of being so , and then Entayling the Crown upon the next Protestant Heir in Succession : How then should good Subjects behave themselves in such a juncture ? And several other Queries incident hereunto we had , which I shall not trouble you with at this time , but intreat you to give us your thoughts of these I have mentioned , as freely as we have imparted ours . And though these sort of Questions seem a little to confirm or favour the Tickling Querie I mentioned at first ; give me leave to say thus much to this and all other Queries of this nature ? First , That the Protestant Religion of the Church of England , Teaches us no other Doctrine than what was Taught by the Apostles themselves , that is , Obedience and Submission to Kings and Governours : and that not because they are of this or that Religion or Persuasion ( as they now term it ) but purely and abstractedly for Conscience Sake , It is the Ordinance of God , and he that resisteth shall receive to himself Damnation . Next , That we ought continually to bless God for , and earnestly pray for the long Life of our most Gracious Sovereign ( never one more truly termed the Light of our Eyes and the Breath of our Nostrils ) and then these captious Queries are needless of themselves . But if it should please God to change the Scene , and send us a King of another Temper , I am sure that then the best way to preserve the Protestant Religion is , to be of the same mind still , that is to Fear God and Honour the King , and we need not fear but that the God whom we serve , who hath the hearts of Kings in his hands , will so order things , that by our peaceable Conversation in such a juncture , most of those dismal apprehensions we are terrified with , will blow over , or if it should prove a storm , it will be either not violent or not long . And this is so peculiarly the Doctrine of the Church of England , that I think I may Challenge all the Churches of the several persuasions in the World , to say and prove they hold this Doctrine ; for certainly if it were so , Those desperate Tenents of Murdering of Princes , &c. would never have been heard of in the World ; And whether the Jesuit or the Presbyter be most guilty in that particular , both in Doctrine and Practice , would be a subject too long and too odious for to be comprehended within the compass of a Letter . To conclude then this great Case and answer this curious Querie as positively as I can , I shall be bold to affirm , That if Almighty God in his Providence should please to send us a Popish Prince , The best way to preserve the Protestant Religion in the Purity of her Doctrine , is not only to admit him , but submit to his just Authority in all his Lawful Commands . We know no Arms but those of the old Christian Martyrs , Prayers and Tears : We are alwaies ready to Fight for , never against our Prince . We fear Hell more than Smithfield ; And assuredly if the Princes of the World would impartially weigh the Purity and Simplicity of the Doctrines of the Church of England , the Innocency and Decency of her Ceremonies , the Regularity and Decorum in her Offices and Administrations , the Integrity and Candour of her Principles and Manners , they would not only conclude her to be the best Transcript of the Original Copy of Primitive Christianity that is left in the World , but the best security to Establish the Thrones of Kings , and the best Rule for Subjects to learn and practise that due Obedience they owe to Governours . Oh! that I could add , That the Lives of her Professors were answerable to the Doctrines and Principles of their Profession . For 't is such a Paradox , as well as Burthen of Spirit to all True , Sober Protestants , to observe that generally those that walk most strictly in their Lives , and pretend to have a degree of Sanctity and Holiness above other Men , they have no proportion of Submission and Deference to their Lawful Superiors both in Church and State , with other Men of less Sanctity or Parts . Whilst on the other side those that pretend to have the greatest Loyalty for their Prince , and Obedience to all in Authority under him , do commonly give themselves too great a Liberty in their outward Conversation , and Indulge themselves too much in their sensual enjoyments , to the reciprocal scandal one of another ; for whilst one side takes advantage and says , Look what Lives these Loyalists lead : the other returns , Observe what Principles these Zealots hold , thereby encouraging and hardning each other in their half-Christianity . And without peradventure it will never be well , till one side adorns his Loyalty with a Holy-Life , and the other crowns his Zeal with Loyalty and Obedience . Then should we be the happiest People alive , under whatever Dispensations of Providence we may possibly fall . Thus begging your pardon for troubling you with our Country Conceptions , We kiss your hands and remain , Your Faithful Servants , &c. THE END . 
A54759	----	The character of a popish successour compleat in defence of the first part, against two answers, one written by Mr. L'Estrange, called The papist in masquerade, &c., and another by an unknown hand. Phillips, John, 1631-1706. 1681 Approx. 147 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-03 (EEBO-TCP Phase 1). A54759 Wing P2081 Wing S2671_CANCELLED ESTC R23102 12752478 ocm 12752478 93323 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54759) Transcribed from: (Early English Books Online ; image set 93323) Images scanned from microfilm: (Early English books, 1641-1700 ; 727:40 or 751:15) The character of a popish successour compleat in defence of the first part, against two answers, one written by Mr. L'Estrange, called The papist in masquerade, &c., and another by an unknown hand. Phillips, John, 1631-1706. [8], 35 p. Printed for J. Graves ..., London : 1681. Attributed by Wing to John Phillips. Written in defence of Elkanah Settle's The character of a popish successour, and in answer to Sir Roger L'Estrange's The character of a papist in masquerade. Reproduction of original in Duke University Library. Entry for S2671 cancelled in Wing (2nd ed.). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Settle, Elkanah, 1648-1724. -- Character of a popish successour. L'Estrange, Roger, -- Sir, 1616-1704. -- Character of a papist in masquerade. Great Britain -- Kings and rulers -- Succession. 2002-09 TCP Assigned for keying and markup 2002-11 Aptara Keyed and coded from ProQuest page images 2002-12 John Latta Sampled and proofread 2002-12 John Latta Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion THE CHARACTER OF A Popish Successour COMPLEAT : IN DEFENCE of the FIRST PART , AGAINST Two ANSWERS , One Written by M r L'ESTRANGE , CALLED The Papist in Masquerade , &c. And another By an Unknown Hand . LONDON : Printed for I. Graves , and are to be sold by most Booksellers . 1681. THE PREFACE . UPon perusal of a Pamphlet written by so ingenious an Author as Mr. L'Estrange , called , The Papist in Masquerade , in answer to the Character of a Popish Successour , my expectation was strangely frustrated , when I found the Book look more like a Poor Robin's Almanack than an Answer , the major part of the Pamphlet being a kind of Red-letter Kalendar in two Columes , with the Popish Worthies on one side , and the Republican ones on the other ; as Raviliac on that hand and Oliver over against him ; and so Mariana and Knox , Pius Quintus and Buchanan , Guido Faux and Hugh Peters , &c. I confess , had he design'd to publish the Villanies both of a Popish and a Republican Conspiracy , and after a plain demonstration of the Government 's being really undermined by both those threatning Enemies , had given his Country some light to steer in the golden Medium between both those fatal Extreams , his Intention had been honest , and he had writ like a Patriot : But alas ! that 's none of his Province ; his Talent is otherwise employ'd : for the sole drift of his Book was not in the least to expose Popery any farther than to make the Fanatical and Jesuitical Principles agree ; for take his Opinion abstracted from that Designe , and his whole Book has no other aim but to make all our dangers of Popery and a Popish Successour , and all the whole Plot against the King , Religion , and Government , ( to use his own Phrase , p. 69. ) but a painted Lion upon a Wall ; and the Prosecutors of that Plot , and the Opposers of those Dangers , a real Bed of Vipers . In fine , the main purpose he drives at , is to make an exact Parallel between this Age and that of 40 & 41 , &c. And that he may so do , you must allow him this great Fundamental , That all the Sticklers against Popery and a Popish Successour , are Fanaticks ; and that all Fanaticks hate both the King and Kingly Government , and are tooth & nail down-right Republicans . Vpon this Basis his whole Fabrick stands . But to rectifie his Mistake in this great point : Have not four Parliaments successively been satisfied in the truth of a Popish Plot for the murder of the King , and subversion of the Government , and jealous of the dangers of Popery , like honest Patriots muster'd all their strength to prevent it ? If the Plot were onely a Bugbear , how comes it that the Wisdom of the Nation in four Parliaments together , has not discover'd the Cheat ? or if they do know the Cheat and act themselves the Legerdemain , and so make the prosecution of the Plot but a Presbyterian Artifice to inflame a Kingdom , in order to playing the game of 41 ore again , as his impious detractions would insinuate , I would ask him , first , How comes it to pass that all the Plot-Evidence have all along so constantly adhered to their Attestations , and that too in so beggarly and starving a Cause , after such vast and tempting Proffers for retracting of their Evidence ; and vaster Rewards , no doubt , they might have , upon the discovery of such a Presbyterian Cheat , if it were one , not onely as a Ransom for so many Great mens lives , but likewise from the greatest hands of the Nation that would desire nothing more than such a Discovery ? Secondly , I would ask him how it came about that the first of these four Parliaments grew so vehement against the Plot ? they , I hope , he 'll confess were a Protestant and a Church of England Parliament ; they were elected Members just after the King's Restoration , in all the height of the Extasie of England , when Majesty and Monarchy were the Peoples Darlings even to Idolatry , at a time when the Horrours of the Civil Wars were fresh in their memories , when the very thought of Presbyterian or Independent Commonwealths , with Rumpers and Rumps , were as detestable as Hell ! That Parliament , I hope , thus chosen and thus qualified , he 'll allow had no Presbyterian Gall in their Veins , and no Canker of 41 , being the very men that on the contrary made the Laws against all Dissenters , and in all their Acts throughout maintain'd the Dignity and Glory of the present Church of England ; and yet this Parliament , as little Presbyterian as it was , gave the first stroke against the Plot ; as I remember , 't was they that discovered those swarms of Papists that had infested the King's Guards , and his Court it self , and crept into almost all Offices of Trust , and by whom planted , I need not tell him : And as I remember , those were the very men that created the Test , and made the Reception of the Protestant Sacrament , and the Renunciation of the Idolatries of Rome , an Introduction to all Employments , on purpose to sweep out those Locusts : Nay , those were the very men that removed our Popish Heir presumptive from his Admiralty , and all other his Preferments ; and no doubt had they continued still , would have very little varied from the true and honourable English Genius of the last : So that without shamming this inveteracy onely upon Dissenters , there has been a Protestant People , a Protestant House of Commons , and Protestant Lords , ( Protestant Lord Bishops onely excepted ) that have struggled both against Popery and a Popish Succession . So that upon Mr. L'Estrange's Argument that the present Dangers of England lie onely in a Republican Conspiracy , and that the present state of 80 and 81 , is but a kind of transmigration of the Spirit of 41 and 42 , in order to the revival of the old Game of 48 ; it is not onely the Dissenters but the Protestants are in the Confederacy ; and so the whole Nation is in a Spirit of Rebellion , ( the innocent Papists onely excepted : ) that is , There 's a Plot lies at every door but the right . However , the Pamphleteers of this Age will not be so satisfied : for 't is the great Maxime they all lay down , Every man that is for excluding a Popish Successour is a Fanatick , and every Fanatick ( as I told you ) a Republican . But to convince 'em , if they are not incorrigible , that 't is not onely a Fanatical Exclusion , What if I pickt out even of the very protesting Lords themselves , several of them of famous and exemplary Loyalty , so far from the possibility either of Fanaticks or Republicans , that they have been Caviliers and Loyalists through all our late Troubles ; one or two of them that have been Generals in the King's service ; a third , whose Father lost his head for him ; a fourth , that for asserting the King 's Right in the Field , had no other Reprieve from a Gallows but his Majesties Return ; a fifth , that beside the constant sums sent over to the King in his Exile , after a total sequestration of his Estate , pawn'd even his last Stake , his Plate , to serve him ; with several other Sufferings that many others of 'em underwent : And yet the Scriblers of these times shall tell you there 's never a Mothers son of them all that loves either the King or the Government , but is a rank Fanatick ; for the very thought of an Exclusion turns ipso momento Fanaticism . So that it will be worth a mans while to give the world the true definition of a Fanatick , and a full interpretation of the word . Formerly in old times , a Fanatick so called , signified an Enthusiastick in Religion , one that pretended to Inspiration and new Light , or had a picque against a Liturgie or Surplice , or the like : But a Fanatick of 79 and 80 , is quite another thing , and the word of a quite different signification ; for now , He that values the safety of himself and his Posterity , he that thinks he has an Estate and Liberty worth preserving , a Country worth saving , a Religion worth defending , and indeed a God worth serving , is a FANATICK . But 't will not be amiss to instance the validity of some of those Comparisons he makes between the present Iealousies and those of the late times . Mr. L'Estrange , p. 21. says Earle before the Commons , Nov. 5. 1644. Saul's Sons are not spared , no nor may Agag or Benhadad , though themselves Kings : Zimri and Cosbi , though Princes of the people , must be pursued into their Tents . This is the way to consecrate your selves to God. Vpon which he remarks , And what was the ground of all this Fierceness , but a Popish King , though the glory of the Reformation , for want of a Popish Successour ? So that here lies the Analogie betwixt our Fears and theirs . Then the groundless Fierceness lay against a pretended imaginary Popish King , though in truth the Glory of the Reformation ; and now the fierceness lies against a real Popish Subject , that may be our King , the very Infamy of all Apostacy , when degenerated to such principles , and yet born of such a Father . And afterwards in the same page , he says , Mr. L'E . This is enough to convince the world that the very sound of Popery will do the business as well without a ground as with it ; and whoever goes to alarm the people upon this desperate point , had need give good security for his Allegiance . And what 's all this , but to tell us , because a Bugbear frighted us once , therefore a real Fiend must not fright us now ? So that his whole Discourse can be reduced to no other heads but these . First . It makes the most uncharitable inferences that 't is possible for Malice or Ill-nature to invent . Because a Judas once kiss'd and betray'd , and a Joab embraced and stab'd , therefore no man must ever kiss or embrace without a treacherous and murderous intention . The hatching of the old Republican Conspiracy under the fictitious fears of approaching Popery , must now make the just fears of the true danger of Popery equally guilty of the same Treason and Combination . Secondly , He cuts off the whole Right and Liberty of the Subject at one blow . Because a knot of Achitophels once pretended Grievances where none was , to accomplish their own wicked purposes ; therefore no Subject shall or may petition or vote , though in a legal Parliamentary way , for the redress of the greatest Grievance in Nature , and that in the plainest and most imminent Exigence of a Nation ; but must be forced silently to sit down by his hard Fate , and be debarred the priviledge of Laws , nay even of his very Prayers for his Deliverance . Now is it not a little hard , that after the goodness of our most gracious Soveraign that has made An Act of Oblivion , Mr. L'Estrange's Vengeance alone should be implacable , and set the Childrens teeth an edge for the sour Grapes their Grandfathers eat so long ago , by entailing a Curse upon their Posterity in secula seculorum ? But how ridiculous and how false soever were the fears of Popery in the last Age , how treacherous the Serpent that lurkt under those fair but false pretences , and how fatal soever the sting that attended it , yet our endeavours sure may beboth legal and honest , against the plain and visible dangers of Popery under the threatning influence of a Popish Heir ; manifested such a one , not onely by the long and indefatigable Machinations of Hell in his behalf , the most horrid Iesuitish Confederacy against the life of a Protestant King , a Protestant Church and Government , animated and founded on their Assurance of establishing their own infernal Reign under the umbrage of his Scepter , a scepter design'd to be made out of that consecrated Ponyards hilt reserved to cut a passage for him to a Throne through the heart of a Protestant Majesty , a Scepter that both like Moses and Aaron's Rod , at once should bud and blossom for the Glory of Rome , but turn a devouring Snake for the Heretick Confusion and Destruction ; manifested such a one , I say , not onely from all this apparent Testimony , but even by a yet stronger demonstration , those printed recorded Pacquets of Letters which as littora scripta manet , flie in the face of all Dispute , and stop the very mouth of Flattery , Equivocation , and Artisice , by plainly exposing to all Eyes and all Vnderstandings a private Intrigue and Correspondence between the Heir of a Protestant Kingdom , and the Pope , the most implacable Enemy both of Protestant Kings and Kingdoms ; a Correspondence too subtly disguis'd in MYSTERIES and CHARACTERS , that usual Hocus pocus-Language where the World has so often been the Cully , whilst Treachery play'd the Iuggler : So that to match the present Genius of England with that of 41 and 42 , as all the scribling canting Favourers of Popery would impudently sham upon the world , is to make even North and South meet together , to unite the most opposite Contradictions in Nature , to make a Plot and no Plot , shadows and substances , truth and falshood , dangers and no dangers , Protestants and no Protestants , nay Patriots and Traytors the very same thing , the designe of that Age being to reduce us to Slavery , and this to free us from it . But suppose ( as they say ) there were some turbulent malecontented Spirits in the Nation of Commonwealth principles , and that they herded amongst the honest and worthy Opposers of Popery , resolving to play the Spider and extract poyson from the same Flower from which the Bee sucks Honey . Let us but consider two things , and then we shall find how impossible 't is for them to attain their desires , and perfect so extravagant a projection . 1. The Grievance of the Nation is a Popish Successour ; and that Grievance once removed by a Bill of Exclusion , we countermine all the Arts and Subtilties of Rome , that have or can be form'd against us , and raise an impregnable Bulwark against all our Enemies on that side , and at the same time they will not onely supply the King with money , which is one of the strongest Nerves of power , but also it will undoubtedly restore him the intire Affections of all or most of the Commonalty of England which have or can be alienated , or estranged by his unhappy and too vigorous defence of a Successour so universally odious : so that these Republican Matchivilians joyn in the very project that destroys them ; for by this means what the Monarch wins , the Republican loses . 2. 'T is an undeniable Truth , that the whole Populace in general abhor such a thought , and the Miseries of the late Civil Wars are too lively in their memories , for them ever to be wrought up again into the same Frenzy . Though the deluded Multitude were then put out of love with Kings , they found too soon by woful Experience , that the Protectorate was ten times worse , and whatever prejudice they had conceived against the old unhappy King , yet the grievous Oppressions , Taxes , and standing Armies under Gromwel , quickly open'd their Eyes , and to their own sad cost , assured them they had not mended but marred their condition by rebelling : And that Oliver's policy in deposing a King to establish a Protector , was but an old Roman Iuggle revived ; when as History tells us , after the Romans had been weary of Kings , as a power too Arbitrary for them , they were cunningly drawn in to a subjection to that of Imperator , which was ten times more Tyrannick of the two , and shelter'd the Cruelties of the worst of Monsters , a Nero and a Caligula : So that in our circumstances , 't is almost impossible that English men should be twice gull'd with the same Cheat , or their Swords be ever drawn in our old unnatural Broyls ; but if ever that day shall come that they are drawn again , it must be onely then when a Popish Successour's possessing the Throne shall represent to them a more terrible Scene of Misery than a Civil War can bring : so that if ever they are inflamed into that desperation , it must be when they shall run headlong into a less Charybis to avoid a greater Scylla . But whether one be greater or less than t'other , or they but think it so , yet this is most certain , Popery and Rebellion are both those dangerous Gulphs that will either of them swallow up the peace of England . And as 't is unanswerably true , that the glory of God , the defence of our Lives and Liberties , and the support of our present Monarchy of England , are onely to be upheld by a Protestant Interest , and that Interest is never to be effectually secured but by a Popish Exclusion : So that Exclusion likewise at the same time puts an end to all our dangers on the other side , viz. to all thoughts or possibility of a Rebellion . But to give a truer account of the present State of England than Mr. L'Estrange has done in affinity to 41 , I will confess this present Age has derived one thing from 41 and 42 , and that is a Curse they left behind 'em , the Curse of the Shepherds Boy in the Fable ; our crying out so often formerly , Help , Master , help , the Wolf 's in the Shepfold , when he was not there , has made us disbelieved at last now he is there ; and like him too , be left most helpless when we most want it . Postscript . THE Author of The Character of a Popish Successour was so far from priding himself upon that Piece , that his greatest Ambition in writing it , was the serving his Country ; and he 's very well pleased to see so many Scions since sprung from that Root . But one particular Acknowledgment he is bound to make for the unexpected Favours it has received , that the Authorship of a Book that has no other Merit than the Truths it relates should be so esteemed , that coming Fatherless into the World , it has since had the honour of so many kinde Friends , that like the Rival Cities of old for the Birth of Homer , have given it their Adoption . THE CHARACTER OF A Popish Successour COMPLEAT . THE first Allegation Mr. L'Estrange makes against the Characterizer's Reasonings is , That his Master-piece is a Paradox , by the supposal of a most excellent person , and yet making him the greater Devil for his Vertues ; and so he sums up the Characterizer's opinion in short thus : Ch. His Fortitude ( says he ) makes him the more daring in the Cause of Rome ; his Iustice makes it a point of Conscience to deliver us up to the Pope ; his Temperance in the government of his Passions , makes him more close and steady ; and his Prudence crowns the work by the assistance it gives him in the management of his Policies and Conduct ; and so he goes on . What boots it in a Popish Heir to say , he 's the truest Friend , the greatest of Hero's , the best of Masters , the justest Judge , and the honestest of Men ? All meer treacherous Quick-sands for a People to repose the least glimps of Safety in , or build the least Hopes upon . Thus much the Character . To which he answers , This is fairly push'd , I must consess ; but 't is onely a Cast of his Rhetorick : for every body knows that all Christian Princes thus qualified , and under Articles of Treaty and Agreement , keep touch even with Infidels , nay , and Infidels with Christians . This is all he has in his whole Pamphlet in answer to this part of the Character : for he thinks he has made the Characterizer's whole Argument so plain a contradiction in its self , that he needs no other Brand than his own words , to stigmatize him ; and the very repetition of a Supposition so monstrous , is its own confutation . But this on our Answerers part is not so fairly push'd : for thus far here 's neither Rhetorick nor Reason . For what Relation can Christian Princes keeping touch with Infidels , and Infidels with Christians , upon Articles of Treaty and Agreement , have to a Popish Successour's Tyranny and Injustice over his own Subjects ? Does it follow , Because the French King upon Articles of Treaty and Agreement , has kept touch with the Swede , though the most inveterate Enemy of the Popish Religion perhaps of any Protestant Prince in Christendom , and consequently the most opposite to his own perswasion , that therefore he has not overleap'd all the due and lawful bounds of the French Government , and tyrannically enslaved his People ; nay , contrary to the solemn Covenant at Nants in behalf of the Hugonots , most inhumanely persecuted the poor Protestants ? What if a Christian Prince keeps his Articles with Turks or Infidels , nay Villains and Robbers , the Pyrates of Argiers or Sally ? Nay , what if Q. Mary her self had done as much , must it therefore follow that she would not break her Vows and Protestations with the Norfolk and Suffolk-inhabitants , and burn the very men that mounted her into her Throne , when animated by the Withcrafts of Rome ? But that the Fidelity betwixt Prince and Prince may more plainly appear to hold no proportion or affinity with that betwixt Prince and People ; or foreign Articles either for the enlargement or security of Empire , the promotion of Trade , or any other State-interest , with a Church-government or Church-persecution at home , we shall give this undeniable Reason . A King for breach of Faith with his People , esteems himself onely accountable to God ; but for breach of Faith with Foreign Princes , either Christian or Infidels , he is accountable to Man , and may draw down a just War upon his head for such a Violation ; nay , perhaps wholly dispossess himself of the hopes of Foreign Assistance for the future in his greatest dangers and exigences , occasion'd by the stain such Infidelity may lay upon him , when his more venial breach of Vows at home , shall be no blot in his Scutcheon . And whereas here he 's onely answerable to God , what if his Priests , as in Queen Mary's Case , impose so far upon his blinded Zeal till they make him believe that the performance of Protestations in cases derogatory to the glory of Heaven , and against the propagation of Christianity , shall be more answerable to God than the breaking of them ? But Mr. L'Estrange resolves to play the State-Sophister , and gives us this tryal of his strength in his very first page , to let us know how great a Casuist and how potent an Antagonist we must expect to find him . But here the other Answerer is a little more prolix upon this subject , and tells the Characterizer , That in a Roman Catholick he makes Virtues themselves turn Vices , and equals if not outgoes Transubstantiation it self . And to justifie the four Cardinal Virtues from the Characterizer's making them an Instrument of our Destruction , he assignes 'em a quite contrary operation in a Popish Successour than that in the Character , viz. If he has Fortitude , which is a Vertue equally distant from Temerity and Rashness , as from Fear and Cowardize , it will with-hold him from attempting things impossible ; as setting up Arbitrary Power , or introducing Popery . If he be a man of Iustice , that should give us the greater assurance that his Courage shall be no otherwise exercised than for our Safety and Honour , to whom all his endeavours by all the Laws both Humane and Divine are due , and to which he shall be by Oath obliged . But here by the way , I could have wish'd our Author had left out the word [ Divine ; ] for those hearty endeavours the Divine Laws of a Popish Successour will instruct him to exercise for the Safety and Honour of a Heretick Nation and Heretick Religion , we are better inform'd of . But to proceed , If he 's a Master of Temperance , what is that but a Bridle upon all his Excesses , a perpetual Bosom-Monitor that will with-hold his Arm and allay his Heat , and curb all the motions of Cruelty and Revenge ? And lastly , if he has Prudence , that will teach him not to exasperate a People of so stiff a Neck , nor lose the hearts of his Subjects for their difference of opinion , and thereby peradventure endanger the loss of his Crown , &c. Now this Author I confess has push'd a little fairer than t'other ; for he has given us an Argument that looks like Sence , though it be none : for what 's all this to the conduct of an inflexible Papist ? The Characterizer tells us , that in a Bigotted Prince , his Morals shall be Slaves to his Zeal ; and accordingly instances how far they shall be instrumental to the Protestant subversion and destruction : But here the Answerer artfully leaves out the main point , and tells us what a meer moral man would do , in case of succeeding to the Crown of England . He mounts the poor Postilion into the Saddle , and tells us how his meer Morality would drive ; but takes no notice of that Lordly Charioteer , Religion , that holds the Reins above him , whose nod he obeys , and at whose absolute command he turns either to the right or the left . So that as this Answerer has stated the case , I am thus far of his mind , That had we an Heir apparent of no more Religion than a Iulian or a Nero , and yet at the same time were compleatly Master of the moral Virtues , possibly he might steer as he proposes : but let him recollect himself , and put Popery and Morals together , and then he 'll find his mistake . For my part , I am asham'd that any men that pretend to write Sence , should endeavour to perswade us that a Popish Bigot , and a man of courage and wisdom in a Successour , should not go farther towards the establishing of Popery , than a Coward and a Fool ; so that not onely his Morals , but every other natural Gift or Perfection , shall be particularly assistant to the Ruine both of Protestant Religion and Liberty . But because Example is more powerful than Precept , I 'll give you a taste of the Popish Morals in a very remarkable Story . Soon after the selling of Dunkirk , from which time the poor Protestants in France date the AEra of their Calamities , it being about that time that the French King began to disturb their Peace , infringe their Liberties , and demolish their Churches , contrary to all the sacred Bonds of the solemn Engagement at Nants ; the distress'd Hugonots groaning beneath a greater load of Misery than any of the rest of the French Subjects , their fellow-slaves , under the persecution of his new Ashtaroth Arbitrary power , thought fit privately to implore the intercession of a powerful Neighbour , a Protestant Monarch , to mediate in their behalf in mitigation of the French King 's unchristian-like severity ; and accordingly chose a very honest and wise man , by name Rohux , an Inhabitant of Nisme in Languedock , for this secret Embassie , as being a person formerly very fortunate in England before on the like occasion , having obtain'd a lucky Favour from Cromwel in reconciliation of a difference betwixt the French Protestants and Cardinal Mazarine . This Rohux thus commission'd , the approach to Majesty being difficult , to make his Access more easie , applies himself first to a visibly Protestant Heir apparent , hoping to strengthen the power of his own Supplications by the introduction and countenance of so great and so princely an Advocate . This Royal Heir or Masquerader , or by what other Title disguis'd or distinguish'd , with a seeming-cordial Friendship embraces the poor Hugonots Cause , and day after day receives his Address with many solemn but airy promises of speedy Assistance ; but in the mean time , disgusted and gall'd to the Soul at so audacious and impious a Petition as the Protestant preservation , and abhorring so detestable an Employment , nay , the very name of the Hereticks Defender , instead of his promis'd Aid , he on the contrary most cunningly laid the Platform of a Revenge as exquisite as so heinous a Petition deserv'd . Immediately he goes to the French Embassadour , and tells him how one of the French Subjects had very arrogantly and scandalously calumniated his great Master with obprobrious names of Tyranny , Oppression , and breach of Faith ; into which very Language he himself before had exasperated him , on purpose to make his Ruine secure , which the bare accusation of a Suit in behalf of his Religion , would not alone have effected . The Embassadour , as bound in duty , for the vindication of his King's Honour , desires a farther testimony of the Offence and Offender : Which the Royal Informer effectually gives him , by appointing another Conference with Rohux ; where privately he plants this Kingly Representative as an Honourable Evesdropper , to over-hear a Repetition of the whole Discourse , and confirm his Belief from his own Ears . Now some people would start an Objection , and say , That this humble Office and low-spirited Snare against the life of a poor wretch , might derogate from the Glory of two such Illustrious Personages ; the one for the greatness of his Employment , and the other the greatness of his Birth . But to remove their mistake , I assure 'em there is not that Deed so abject , when acted for the Cause of Rome , that cannot be transform'd into Princely and Heroick , by the stupendious power of that infallible Church , where even Daggers and Ponyards admit of Consecration . But to return to our History . This Conference contrived and managed as heart could with , the Embassadour posts over this Rohux Treachery to France , whilst he , poor unsuspecting Innocence , continues his dayly Prayers to his Great Advocate . But finding in time so many delatory Demurs , he luckily at last discovers he is betray'd : Upon which , dreading the Vengeance of the French King , not daring to return to France , he steals away into Switzerland for his protection ; but the French King being advertised of his Motions , gets him trepan'd by an Ambsuscade in the night , and being by surprize forced out from thence into France , he is broken upon the Wheel . Now who so blind as cannot but plainly see that each particular Cardinal Virtue in this Illustrious Heroe , were most signally exercised in this Triumphant Encounter ? First , here was Courage even to admiration ; he play'd the Romish Champion young , and early flush'd himself in Heretick Bloud , whilst like a second Alcides , who strangled Snakes even in his Cradle , he most victoriously tore up that Heart by the roots whose Tongue durst but hiss against the Papal Dignity , as the first bold Prologue of his more undaunted Atchievements , and more dazling Glories yet to come . Then here was Iustice to the height ; an impudent French Villain as he was , to cross the Seas on so infamous a Commission as the Rebuilding of the Hugonot-Temples , those Altars of Baal , which the God-like hand of France had so justly laid in Ruine ? an Impiety so hainous as forfeited both Life and Soul , and deserved the severest Rods and Axes of Justice : He deserv'd 'em , and he had ' em . Then here was Temperance even to astonishment ; here was no launching into Passion , no Thunder in his Tongue , nor Basilisks in his Eyes , at the surprize of so execrable a Petition as the imploring his Intercession for the loath'd Hereticks Deliverance : Alas , no , his Temperance , like a Bosom-Monster ( as our Author has it ) bridled all those Excesses , and treated this notorious Suppliant with those hearty professions of kindness , and promis'd services , till he betray'd his bones to the Wheel , with a Conduct and Aspect so moderate and so serene , as the old Romans lead their Victims with Flowers and Garlands to their Execution . Then here was Prudence beyond example ; first , in inflaming the poor French-man into declamations and detractions against the Majesty of France , thereby to manage his Tragedy more artfully , by making him receive the Blow from the hands of the Temporal not Ecclesiastical Justice , as dying more for a Traytor than a Heretick : for though , 't is true , the last was Crime sufficient , yet lest the ill-judging world might mistake , and not think so , he was wisely noosed into one Crime , to pull down the Vengeance due to the other . But what 's the greatest Prudence of all yet , this politick Heroe all this while was a visible Member of the Protestant Church , knelt at our Altars , joyn'd in our Prayers , and shared in our Sacrament and Communion . But one thing I had almost forgotten ; the unknown Answerer , to prepare us for the more firm security that a Popish Successour's Cardinal Virtues shall keep that Honourable and indeed Innocent Path that he has traced out for him , he makes a very long Harangue in praise of his adored Mecoenas . First , for his Courage , That his Royal Bloud ( as often as his King or Countries Honour or Safety called upon him ) was ever as dangerously and as freely exposed , as that which fills the veins of the vilest Plebeian , &c , And why not ? since it is no such wondrous Novelty for even crown'd heads themselves personally to fight their own Battels : I cannot think it any great condescention in a Prince ( at that time not altogether so visible an Heir apparent ) to accept of the Admiralty of an English Navy ; an Employment , where the Glory of it does more than reward the Hazard . So that as I take it , his own Honour as well as his Countries , call'd upon him . After this , he passes to another branch of Princely Endowments , viz. That his Friendships have ever been as firmly maintain'd , as they were judiciously chosen : That his Mouth and his Heart have always been so true to one another , that his Word has been as inviolate as the Oaths of others : And this noble Constancy has not been the effect so much of his Honour as his Conscience , &c. Without all doubt : Yet I have heard a very odde Story of one Mr. Coleman that tipt over the pearch about a year or two ago . I fancy I could draw a Picture with this Label in his mouth , There is no Faith in Man , so like him , you 'd scarce know one from t'other : Nay , poor Iack Catch shall cry out shame of all such usage . There was not that poorest Rogue of all the Plot-Martyrs , that had not two or three Guinneys at least at his service , to bribe him to use a gentle hand with them and hang 'em out of pain , before he made minced Meat of them . But Coleman was so trepan'd into Pluto's Court , came so unprepared for the Elysian-shades , that he that had been Master of the Purses both of the French and English Monsieurs too , when he came to cross the Stygian Lake , had not so much as one poor Obelus to pay his Ferriman's Fare . Durum est post omnia perdere naulum . And methinks this was a little unkindly done ; yet upon second thoughts , possibly it might be contrived for his good . Flesh and Bloud is frail , and who knows but he might have had humane thoughts about him , and so have fallen from the holy Cause ; which careful Mother Church , for the salvation of his Soul , in her pious and Christian wisdom , thought fit to prevent , by making a Saint of him without his knowledge : And alas , he was shrewdly hurt , was he not ? to be tript up into Heaven , and cheated into Immortality . But here I cannot omit one remarkable Observation of Mr. L'Estrange's , pag. 38. speaking of this Princes former services to his Country ; where he says , Mr. L'E . I find some people of opinion , that this King in Reversion , is of the same Perswasion at this day , that he was when he acquired all those Glories . Now if there be such a sort of people , and so strong a Faith in the world , I would willingly be instructed what They , or Mr. L'Estrange for them , mean by Perswasion . If the Popish perswasion , then they justifie the severest Reflections in the whole Character , and lay that unprincely and unchristian Disguise at his door of kneeling at our Altars , and participating of our Sacraments with all the meanest and basest Hypocrisie imaginable ; little less than dipping in the Dish , and drinking of the Cup , and kissing where he betray'd . But if they mean the Protestant perswasion , of which Communion he then visibly was ▪ and they will be but so kind as to prove him a Protestant still , I assure them the Author shall burn his Character , and make a publick Recantation for his Mistake ; but at the same time they must give him leave to write another tentimes bitterer than the first : For he that can suppose a Prince really and truly a Protestant , that shall for so many years together withdraw from his own Communion , and that too not onely so manifestly against his Interest , but against the very Dictates of his Conscience , the Duty of his Religion , and the Glory of his God ; thereby to exasperate and embroil a whole Nation in Distractions , to inflame and widen all our Divisions , and in short , to put out both his own Eyes to put out one of his Brothers ; and all this for just nothing , except a meer Humour , a letchery of doing Mischief for no other end or purpose but meer Mischiefs sake , is a character of that unparallel'd Ingratitude , and indeed all that 's ill together , that I hope Earth nere bore , nor Hell ere punisht : for I should be sorry to think it possible there could be such a Creature in nature ; neither am I a little sorry to think there is a people in the world that can fancy there is such a one . I confess , the withdrawing from our Communion upon the change of Opinions , may admit of some Apology ; and our ill circumstances under that Change , are not altogether so wonderful . Now after this Answerer has sum'd up all his matchless Virtues , he tells you in short , How improbable a thing it would be , how contradictory to Reason and common Sence , that the difference of a mans opinion about some few disputable matters of Faith , and not very material Ceremonies of Divine Worship , should on a sudden efface all those good Characters of Magnanimity and Iustice , Generosity and Goodness , not slightly traced , but deeply engraved in his Breast . Here the Reader may observe what a good Protestant the Author is , and how prettily he states the little disparity betwixt the Protestant and Popish Faith , differing onely in some few disputable matters of Faith , and not very material Ceremonies of Divine Worship . As for example : The Deifying of Wafers , the Idolizing of Images , the Invocation of Saints , and making the Milk of a Mary almost of as great vertue as the Bloud of a Iesus ; with twenty other Trifles and inconsiderable Ceremonies . For my part , I would not be he that at Cadice or Salamanca should make no more difference betwixt the Divine Worship of Holy Church and that of Heretick Dogs , for fear the Lords of the Inquisition should make some material Ceremony with me , and treat me with a Cauldron of scalding Oyl for my Entertainment . But perhaps our Answerer durst say twice as much , if he were there ; for no doubt but they know him so well , that they 'd pardon his Railery , and take it for but a copy of his Countenance . But whatever our Author's Religion is , his Memory is none of the best ; for within three leaves after this , he quite forgets himself , and unluckily compares the difference between the two Religions in haec Verba . This Idolatrous Superstition has been so long worn off the minds of the People , and the Reformation so deeply and so strongly rooted in the Reigns of four most religious and prudent Princes ; the Church of England so firmly establisht , and that as much by the purity of its Doctrine , the decency of its Discipline , and the innocency of its Principles , as by the Authority of the Publick and the Laws of the Land. The Romish Church so detested both for the dangerous Innovations of its Doctrine , and the Idolatry of its Ceremonies ; and so odious in the eyes of the People for its pernicious Principles express'd in the villanous practices of its Professors in Massacres and Plots , &c. But our Answerer's Ingenuity can answer all this , and tell you , What though their Ceremonies are so idolatrous , their Innovations so dangerous , their Principles so pernicious , their Plots so odious , their Massacres so barbarous , and their Professors so villanous ? yet a Popish Heir presumptive professing the same Superstition , shall be a Lamb , a Dove , a Saint amongst us upon occasion , and that too for his Reasons above-said : For as he told you before , he is a person of Royal Bloud , loves his Friend , is a man of Courage , and a Prince , and has been an Admiral . A thundering Demonstration of a peaceable Popish Innocence ! Three more such unconfutable Arguments are enough to convert the Turk , and bring in the Jews . But now from these infallible Morals in our Heir presumptive , the great Bulwark against all our Fears , this unknown Author concludes both our Protestant Religion and Laws secure under him ; that the present Constitution of Government , and the present Church of England , must and shall , in spite of Fate , continue unshaken . If the Popish Priests are such Incendiaries ( says he ) and our most potent Enemies , have we not Laws against them ? and then why are we in such fear ? What is left to any Monarch that succeeds , but to execute the Laws be finds derived down to him to maintain and preserve together with his Crown and Dignity ? And though the Characterizer seems to be in so much dread of those swarms of Roman Emissaries that will infest us under the connivance and indulgence of a Popish Successour , he tells you he is quite mistaken ; The Reign of a Popish King will be so far from advantageous , that it will be rather destructive to all those Iesuitical Instruments ; and that it shall be so , 't is in the power of every Subject in the three Kingdoms to be a defender of the Protestant Religion , if it want it ; there being no Information , no Conviction of Recusants , no Administration of Tests or Oaths , that shall be wanting , and no diligence that shall be spared , backt by the Laws of the Land , which then more than ever will be wakened against them , which can't be dispenc'd withal , but must be effectual to the utter ruine of the whole Party . Miracles and Prodiges ! And that there shall be nothing wanting on the Kings part to do all this , this worthy Author is pleased to be his Guarrantee , assuring us in his Name , that he will take care to let the Laws have their due course ; And whatever his private Opinion may be , whatever tenderness he may bear to the persons be shall punish , yet he shall remember his Obligation to the publick , so far as to give 'em up to the hands of Iustice with the same constancy of mind , with the same applauses of present and commendation of all succeeding Ages , that the immortal Brutus delivered up his darling Sons to the Rods and Axes of the Lictours , &c. I , here 's a stupendious Character of a Popish Successour indeed ! What Iö Paeans might England sing , if Rome's long hope , their Churches Champion and Restorer , their hopeful Hercules , would build his Columnes and write his Nil plus ultra here ! But alas , we are deceived , his Labours are to come ; there 's a pestilent contagious Northern Heresie to be rooted out ; that many headed Beast of Errors and Schisms , that like Cerberus and Hydra , are to be subdued , whilst in the defence of Religion and the Cause of God , he 's to play a second Atlas , and even the weight of Heaven is to lie on his shoulders . But our Oratorical Scribler has promis'd Wonders in a Popish Successours Name , and elegantly pickt out a most excellent Brutus for his Comparison . I remember there was another Roman of that Name , though not of that Nature , whose Story is equally as famous and as pertinent to the matter in hand . A Brutus the Head and Leader of a Conspiracy against the life of the great Caesar ; a Brutus that joyn'd his heart and hand with the Murderers , and blended his Dagger in the Assassination amongst the thirty mortal wounds that stab'd the Majesty of the World ; a Brutus to whom the dying Monarch with an Astonishment more surprizing than the death he received , in his last gasp could say , Et tu Brute ? Is my Son , my Friend , my Darling , my Delight , the man I have rais'd , loved , honour'd , cherisht and defended , is Brutus a Traytor ? But to bring our Author to his right wits again , and to shew him how unlikely 't is that the English Rods or Axes shall ever hurt a Son of Rome under a Romish Successour . If the Popish or Jesuitish party have found such Mercy under the Reigns of Protestant Kings , but shall now on the contrary stand the inevitable shock of Statutes , Jayls , and Gibbets , under a Popish King , the Jesuits have plotted fairly . If the Pope and his Conclave have no deeper politicks than this comes to , the very Geese that kept thir Capitol before them , had more Brains than they . If this were the effect of their hopeful Royal Heirs Conversion , Heaven help 'em , for Hell has forsaken ' em . No , Mr. Littleplot , once in thy life thou art mistaken ; and to convince thee that the Protestant Laws will not , nay shall not be so hard-hearted under his Reign , nor his St. Omers Friends treated so coursly as thou imaginest , they have had a little taste of their kinder Entertainment before hand . For Example : Were there a Country where Commissions of Peace , day after day , and time out of mind , have been taken away for daring but to lift a hand against a Son of Rome ; nay , at the same time when all other Recusants have been prosecuted , and that with encouragement and reward ; and all by a Royal Heir's protection and interest . Would not any Reader reply , Will he that has been their Guardian-Angel whilst but their fellow-Subject , suffer a hair of their heads to perish when he 's their King ? But yet our new Sir Positive will defend our Protestant Laws even in despight of Fate , and tell you , That Justice shall guide her hand so impartially , and poise her scales so evenly , as shall be to the admiration of present and succeeding Ages . Now I fancy I have heard a Tryal , where a Criminal of Quality convicted of no less a Crime than the subornation and stifling of Evidence , and in no less a Case than where the life of the King , and the subversion both of Religion and Government were concern'd , has been mulkt in the inconsiderable sum of a hundred pound , payable perhaps at latter Lammas ; a meer trifle , and scarce more than a Peter-peny for an Absolution : Whilst in the other extream there has been a poor Fellow condemn'd to the Pillory , Imprisonment , and five hundred pound fine , ten times more than he was worth in the world , for publishing a scandalous reflecting line in a Pamphlet ; much less offensive in my simple opinion , than a Dagger to kill Kings and subvert States . And pray , where will our Protestant Laws be ? and what even Ballances is Justice like to have under the full-grown Scepter of a Popish Successour , if his influence is so potent in his Minority ? No , a Rhadamanth for an Astraea must be the best of our expectations at that black day . Alas , the See of Rome is like the old Lake of Sodom , the lightest Feather that offends it , sinks in it ; but to its darling Catholick Champions , 't is a Lake of liquid Gold , where , incircled round in Wealth , Glory , and Preferments , the heaviest massiest bars of Iron , Swords , Daggers , Poniards , float on the glittering surface of Honour , and swim securely . Nay , I would ask any reasonable man , That if the Jesuits hellish Machination against the Kings life had taken effect , whether 't is likely that they feared smarting for 't either in this world or the next , as dreading a Vengeance temporal or eternal ? No doubt but they had fairer hopes than so ; for had their execrable Blow succeeded , the blood of Majesty might in all probability have found the same inquisition as the firing of London : Or if at worst the world would not have been so satisfied , were not the Fanatick shoulders broad enough to bear both the guilt and the punishment ? Alas , 't was but at worst reviving an old experienced shift , a known pia Fraus for a Recovery . Has not the Gunpowder-Treason ( poor innocent Papists ! ) been a thousand times affirm'd a Plot of Cecils ? Has not our late designe against both King , Religion , and Government , in contradiction of the unanimous Voice of the whole Nation in Parliament , been confidently retorted upon the Presbyterians ; and that too without the least proof or shadow for 't ? And then how easily might the Papal policy have made a Popish Murder a Fanatick Stab ? and so by the borrow'd face of Innocence , have most triumphantly play'd the second part of Amboyna , and have sheath'd the false Sword in the false Murderers heart , whilst the true Dagger had been consecrated , and the real Traytor canoniz'd . Thus wisely did the prudent Nero lay his burning of Rome at the poor innocent Christians doors , and then with all the most exquisite studied Cruelties , made the Christian bones rue for what the Infidels hand had perpetrated . But to return to our Author , I will refer him to some modern Records , more applicable to our purpose than the History of his immortal Brutus . Have we not lately perus'd whole scrowls of Letters from our Saint Secretary Coleman to French Confessours , French Ministers , and all for French Interest ; and as many Rome-wards bound to Jesuits , Cardinals , and Pope himself , fraught with golden Mountains , and promis'd Miracles to be acted by the Royal — for Rome's Glory , Catholick Cause , and Mother Church : And will any person of common sense believe that our trusty and well-beloved Secretary promis'd more in the name of Al. than Al. would perform . And were all those sums of money to be return'd from France to England to be laid out onely in Rosaries , Beades , and Crucifixes . Believe it who can ; for for my part I am an Infidel . Alas no , our hopeful English Son of Mars , that modern Achilles , without whose Arm our Protestant Troy could never fall , was no doubt to have been brought over to Rome's Holy War , as once the old Achilles to the Grecian . The subtle France , like the cunning Vlysses , plays not the Pedler with such small Wares , such effeminate Toys and Trifles ; but wisely hides a sparkling Sword amongst those guil'ded Bawbles , a Sword , a Temptation fit for a valiant Masquerader ; an Instrument worthy Rome's Hero. Besides , have we no Records but Coleman's ? Have we not had whole Pacquets from Al. Al. Al. to that Priest , this Jesuit , and t'other Cardinal ; but more especially with Commendations to his Holiness , his Adored Holiness ; and all wisely and artificially coucht in CHARACTERS ? And can any man , with half the brains of a Woodcock , believe that they were all but so many How do ye's ; or some idle Compliment onely to beg a Chip of the Cross , or a Rag of the Virgins Petticoat ? If the designes of Al. were honourable , why an Intrigue betwixt the Heir of a Protestant Kingdom , and the profest and greatest Enemy of our Religion and Liberties ? Or if that Commerce between 'em could by any extorted supposition , or upon any pretence whatever , be imagined to be innocent , why was the whole Correspondence disguised in RIDDLES and in CHARACTERS ? Why in such mystick Cloathing , those fraudulent Missives of Hell , and the usual notorious Masks of Villanies , Treasons , and Conspiracies . Now from this Testimony , I would ask if it be reasonable to suppose that the Protestant Religion and Liberty , and the Laws of that wilde Boar Harry the Eighth , and his Daughter Bess that She-devil , will be defended by a Popish Successour , when in defending of them he must rob both the Church and God himself of their Right ; and as much as in him lies , strike his Dagger into the sacred Gates of Rome , and dart a Javelin at the very heart of Christs own Vicar , and Gods undeniable Representative ; and at the same minute be obliged to dayly Outrages , nay Butcheries too upon the very persons of Gods Elect , the Pillars of Religion , and the very Successours of the Apostles themselves ? A pretty kind of Law , that shall oblige him to commit at once both Murder and Sacriledge ; and all this , forsooth , in defence of a Religion , as they 'll swear for 't , sprung from Harry the Eighth's Codpiece , maintain'd and preacht onely by a pack of Reprobate Rascals , a Bastard-sort of Priests ordain'd by the by at the Nagshead-Tavern . — I , but there lies his Honour and Coronation Oath in the way to a Crown , that shall oblige him to do all this . And so if there lay a knot of Thieves in a mans way home , that should compel him to engage and promise 'em to meet 'em such a day with a good Horse under him , and a good pair of Pistols before him , to take the Rode with them , and rob and murder in their company . A pretty piece of Honour that , and a strange point of Conscience , that shall tye him to keep his word with them ! Let us but rightly consider ; is it to be conceived that the Pope with all his wisdom and politicks , will ever be guilty of so much Ill-husbandry as to make no better Emprovement of such a pretty spot of Ground as England , when he has once retrieved it again into his own Hucksters hands , a Popish Successours possession , as to let it lie waste still , because it has lain so for so many Ages last past , with scarce any thing more upon it than a parcel of rank Weeds and Thistles that have been running up to Seed for above a hundred years together ? Perswade him to it , if you can . I will onely refer my Reader , for his diversion , but to one short passage in the above-named printed Pacquets of Letters , where his transported Holiness , at the receipt of a comfortable line or two from a very good Hand , and as 't is to be imagined , a true and trusty Friend , is said to have Wept for Ioy. Now I would seriously ask my Reader , if he believes those precious Tears , that sanctified Brine , that , like Aaron's Ointment , trickled down the Beard of the Reverend Sire , dropt at the hearing of no better News , and at the prospect of no fairer hopes than this . My life for yours , there was no such meaning in it . No ; for once I 'll give you a better KEY for those CHARACTERS : Our Protestant Sun , 't was hoped , was near setting when that Dew fell . From this we come to the power of a Coronation-Oath with a Popish Successour ; and there our Answerers are extraordinary vehement against the Character for averring , That if the Popish Religion will absolve Subjects from their Allegiance to an Heretical King , why may it not release a King from his Faith to an Heretical excommunicated People . Upon which , Mr. L'Estrange remarks , Mr. L'E . Take it for granted , there 's no trusting to the Oath of a Roman Catholick Prince , and ye cut the very Ligaments of Society and Commerce . There 's an end of all Treaties and Alliances , amicable and mutual Offices betwixt Christian Princes and States . Nay , in one word , erect but this Maxime , you turn Europe into a Shambles , and put Christendom without any more ado into a state of War , &c. Though by the way , all this makes nothing to his purpose : for Treaties , Alliances , and Commerce betwixt Christian Princes and States , have no Affinity with a Princes keeping Faith with his People upon the account of Religion ; as had been proved before . But from this he goes on , and says , Mr. L'E . I am not ignorant yet , either of the Doctrine , or of the practice of several profligate wretches of the Roman Communion , in this impious particular : But they are such then that are wholly lost in Brutality and Blindness ; and I neither do nor can believe all Papists to be equally susceptible of that unchristian Impression . It is a Position that may be made use of at a dead lift to serve a political turn : And the Trick will not pass neither , but upon some enthusiastick sick-headed Zealot , that takes all his Dreams for Visions , and the vapours of his Distempers for Revelations . Now in my apprehension , never did any man so forget himself as Mr. L'Estrange has done here : He believes here , that that unchristian Impression , as the Allowance of Perjury , is onely the Tenet of some profligate wretches wholly lost in Brutality and Blindness . But at the latter end of his Book , pag. 83. he down-right contradicts that belief , and says , Mr. L'E . Pope Pius Quintus absolved the Subjects of Queen Elizabeth from all their Oaths of Allegiance to her for ever . So that now belike it was not onely the Maxime of the above-said profligate wretches , but even of the Great Successour of Peter , and the Voice of Infallibility it self ; and that too not the product of Blindness and Brutality upon Dreams and Vapours , but the deliberate Act and Decree of the Imperial See of Rome . I could make several other instances in this kind , as the Popes absolving the Subjects from their Allegiance to K. Iohn , &c. but 't is the common Theme of all Pens , and so much the known practice and principle of their Popes through all Ages , that I shall not think it worth my while . Besides , Mr. L'Estrange forgets himself a little further in this point , and says in the same 83 page , That the Romish Iesuit holds that Dominion is founded in Grace , and upon that principle deposes Protestant Princes , &c. Then adds , That the Pope may deprive a King of his Royal Dignity for Heresie , Schism , &c. ( as in the Bishop of Lincoln 's Popish Principles . p. 20. ) and after Excommunication , says Mariana , in case of obstinacy , the people may take away his life . After these Affirmations of Mr. L'Estrange , if these are the principles of the Pope and Jesuit , I hope we may safely conclude , That they that set such little value on the sacred Dignity and Persons of Kings themselves , when once attainted with Heresie , that not onely their Crowns are forfeited , but their very Lives lie exposed to the fury and hand of every vile Plebeian , should in all reason set less on the Rights , Priviledges , and Lives of Subjects under the same Attainder : for no doubt , if Heresie can make a forfeiture in the first , the Devil 's in 't if it does not in the last . So that by his leave , where 's all the Oaths , Honour , and all the Mighty and Illustrious Attributes he gives our Popish Successour in vindication of the Protestant Peace and security under him , whilst these are the principles not onely of the Jesuits that seduced him , but of the very Head of his Church , that Lord God the Pope ? But according to his first belief , if this were really the opinion of some Doctors , but not all , he would do well to prove that Father Patrick , that curst Incendiary of all our Distractions , was not one of those Affirmative Doctors , and Benningfield his successour another of them . No doubt the subtle Rome in converting our Heir presumptive , did not bound its ambition in the gaining one single Soul , but the recovery of a Kingdom was their designe . In his conversion they had brought their long Hopes to a perfection , they had found that second Moses , who under the God-like influence of Rome , like a Cloud by day , and a Pillar of fire by night , should guide and lead 'em through all opposition and all dangers to their beloved Canaan , a Land that flows with Milk and Honey , Rome's old Treasure-house , that dear Puteus Inexhaustus , England . And is it to be imagined , if Fides non est tenenda cum Haereticis were ever in request , it should be wanting now , on so glorious an occasion ; or so inconsiderable a Trifle as a Coronation Oath should blast so forward and so sacred a Designe . And if , as he confesses , that Tenet is onely made use of to serve a political turn , I would gladly be inform'd what greater or more political turn it could serve , than for the Conversion of England , that great Work which the unknown Answerer tells us , Has , like China , been a hundred years a ripening . But here our Answerers continue , and assure us we need have no fear of any such prejudice in that case from our Popish Heir , considering , as Mr. L'Estrange says , Mr. L'E . If he could so scandalously play the Hypocrite as to change his shape at that rate as the Character says , and act any part for his advantage , which Rome or Rome's Interest shall impose upon him , what should have hinder'd him from continuing a Protestant to the Eye of the World , though a Papist in his heart ? since that was the onely means to have gain'd him his point . And as the other Answerer enlarges upon it , If out of the conscience of an Oath , and the Obligation he believ'd was in it , he has already parted with the places of the greatest Honour and Profit in the Kingdom , is it likely he 'll ever have a less veneration for that most religious one he must take at his Coronation ? Or is it likely if he had made no scruple of an Oath , he would have refused it at a time when he might have removed all suspicions and Iealousies of his Religion by it , and thereby have facilitated his way to a Throne ? Now I wonder to what Readers these Authors write , that at this time of day they would make us believe that his squeamishness against the Test and the Oath of Supremacy , made our consciencious Heir quit his honourable Employments ! As we better remember ▪ 't was not so much the Test , as the Test-makers , that disgusted him , his natural antipathy to Parliaments , his continual little thoughts of that Great Council , ( and less of them he will have , if ever he comes to the Crown ) with his disdain that such insolent Earth and Ashes should dare to give Laws to his Divinity . So that in short , his Pride , not Conscience , got the Ascendant ; and whatever advantages he might have gain'd by keeping his Employments and swallowing the Oaths , yet such is his perverse and stubborn Haughtiness , that he would rather cry , Sink Interest , perish Succession , and even Popedom it self , rather than truckle to what I scorn . But Mr. L'Estrange , methinks , of all men should be farthest from supposing it a difficulty in a Papist to take an Oath he never intends to perform , when in the 4th page of his Book he grants the very Protestants themselves , nay the Church of England Protestants , upon occasion , may do the like : Where he says , Mr. L'E . In the case of a Popish King , who is either kept out or driven out from the Exercise of his Right by the tumultuary License of the Rabble , an Oath of Abjuration in case of any fair opportunity for him to assert his Claim with his Sword in his hand , will be so far from engaging any man against him , that yielded contrary to his Conscience to swallow it for the saving of his Stake , that he will find no firmer Friends to his Cause or Interest , than those men that are stimulated both by Honour and Revenge to the execution of their Duties . Now by those firm English Friends that may take this Abjuration-Oath against their Consciences , he cannot mean the Fanaticks ; for they 'tis supposed are the Drivers out , that impose this Oath . Besides , Mr. L'Estrange is so far from believing that Party capable of coming under the denomination of a Popish Successour's Friends , that on the contrary it has been the drift of almost all his Pamphlets to prove them his onely implacable Enemies . Neither can those firm Friends here mentioned , be understood the Popish Party ; for upon the supposition of this tumultuary driving out of the Popish Heir from his Right , 't is likewise to be concluded that Party will most of them share in his Fate ; that there will be very few of them left to be put to that Oath of Abjuration : or if there were , and they would take such an Oath , it would be so far from doing their business ; that lying under such a brand of Infidelity already ( as they do ) all the Oaths they could ever take would never be believed : so that the saving of their Stake that way would be impossible . So that 't is plain ( as I said before ) by those Abjuring Oath-swallowing Friends , he can mean no other but the Church of England Protestants . And yet methinks after Mr. L'Estrange has so long and so vigorously play'd the Church of England's Champion , so strenuously maintain'd the integrity and purity of that Belief and Communion , with the undaunted courage of its Professours , continually copying and patterning their Perfections from a no-less sacred Original than the Fortitude , Patience , and Perseverance of the Primitive Christians ; it is a little odd , as I may say , from a Protestant Defender , and indeed unlike himself , after all this , to lay so wretched , so despicable , and so cowardly a Condescention at their doors ; as the Abjuration of Gods Anointed and their native Soveraign to save a Stake , a Cow , a Farm , or a Cottage . Aye , but that Abjuration is but a Copy of their Countenance , he tells you . Fie , Mr. L'Estrange , this is worse and worse ! What , the Members of the Church of England's Communion so notoriously break a Gospel-precept , as to come to a So help me God , with a Lye in their mouths , and a Reserve in their Hearts , to play the Hypocrite , and that too even with Oaths ; and so do so impious an Ill that Good may come of it ! Are these the true passive obedient Sons of the Church , those unshaken Professors of Christianity , the Martyrs that will be upon occasion under a Romish Tyrant ? But cry you mercy : Now I think on 't better , I find Mr. L'Estrange is onely making room for more Masqueraders ; as he made the Fanaticks Papists in Masquerade , so he intends to make the Protestants Abjurers in Masquerade . But to return to our Coronation-Oath : If the Members ( as he says ) of a Religion that professes against breach of Oaths , shall yet swallow one against Conscience for the saving a Stake , and that so inconsiderable a Stake as the possession of a Subject ; I suppose he will allow that a Member of a Religion that absolves Oaths , will not stand out at the swallowing one for the securing so great a Stake as that of three Kingdoms . So that without any other Evidence than his own , where 's the obligation of an Oath , or indeed the least shadow of a Trust to be reposed in a Popish Successour ? But however , Mr. L'Estrange goes farther , and gives us an Example of the Innocence and Indulgence of a Popish King , in favour of Protestants , page 49. He acknowledges indeed , That Queen Mary did persecute the Christians : And before , page 26. he yields with the Character , That she brake her promise with the Norfolk and Suffolk Inhabitants , and with a mean ingratitude to the generous Loyalty of that people , persecuted and burnt those very men that gave her the first lift to the Crown . But though , as he grants , all this is true , yet he says , All Princes are not alike : Queen Mary persecuted the Protestants ; Henry the fourth of France did not so : And it is as good an Inference from the instance of Henry the fourth , that a Popish Heir will not be a Persecutor , as from that of Queen Mary that he will. But where the Popes Authority intervenes , both King and People are bound to obey . And yet we see , for all the power of the Pope and the Covenant of Holy League to boot , the people of France , though Roman Catholicks , would not submit to the dispossessing of a Protestant Successour ; neither did that generous Prince upon the reconciling of himself afterwards to the Church of Rome , exercise any one act of Tyranny over his Protestant Subjects : which is enough upon this point . Enough indeed , unless there were more Truth or more Reason in 't : For to pass by the Clemency and Moderation , he designes to prove from the Example of this Popish King , here 's one of the most notorious falshoods averr'd that ever look'd Light i' th' face . The Roman Catholick people of France were so far from admitting this Protestant Successour to the Throne , that 't is recorded , they shut their very Gates against him ; and so little acknowledged him their King , that the Pope and the States of France were for setting up no less than three Competitors against him : nay , there were such insolent indignities and oppositions offer'd him , that the onely cause of his changing his Religion was , that nothing less than his Reconciliation to the Romish Faith , could gain him his Birthright and his Crown . And all this is so plainly and so amply testified from the French History , that never was any Assertion more false than this of Mr. L'Estrange . And then his Inference of a Popish Successours Lenity to the Protestants , from the instance of this Popish King , is the weakest and shallowest that ever any man of sence could have thought on : For this King was at best but one of Mr. L'Estrange's Abjurers in Masquerade ; for 't is most apparent that the saving of his Stake , his Crown , not the dint of their Arguments or Perswasion , the strength of the Romish power , not that of their Religion , made him a Convert . And if this King of all mankind had proved a Protestant persecutor , he had been a Monster indeed , and worse than a Nero ; for he must have acted quite contrary to the Dictates of his Soul and Conscience . Now more and above all this , the Reader is here to take notice , that out of all the Chronicles of all Ages , and of all the Popish Kings in Europe , this is the onely Popish Prince he has found out for an Example of Good-nature , and a true and Favourer of the Protestants . Now I profess , might I advise him , if either the Popish Records afforded no other instance in this kind , or his Reading could not finde it out , he should e'en throw up the Cudgels and answer no more Characters , but believe a Popish Successor's Cause either impossible to be defended , or himself uncapable of doing it . But this breaking of Oaths still sticks in his Gizard , and he cannot forbear another fling at it . Mr. L'E . Taking his position for granted , that a Popish Prince is bound by his Religion , to act contrary to his Oaths and Promises , Honour and Iustice , the Dictates of Nature , the Laws of Nations , and the Bonds of humane Society ; contrary to all this ( I say ) and to his Interest too , be must be unman'd as well as unchristian'd ; an Excommunicate to humane Nature , and excluded from all the Benefits and Offices of Mankind . It must be a strange digestion sure , that can put over all other Impieties , and turn the violation of all that is sacred in Nature into a meritorious Virtue . Never did Mr. L'Estrange in all his Fardles of writing sum up so many Truths as in these few lines : For indeed ( as he says ) a Prince that 's guilty of all this , must be both unman'd , unchristian'd , and an Excommunicate to humane Nature , &c. if the Gospel and Christianity be truth ; for the Doctrine of Christ and his Apostles will pronounce him such a one , But all this while the Reader is to observe , that this great Truth is urged by Mr. L'Estrange in favour of his great Mecaenas , designing it not so much to set this Brand upon a Popish Successour's perfidy in such a case , as to let us understand 't is a picture of a Popish Successour so strangely deform'd , and so extravagantly monstrous , that 't is not to be matcht or copy'd in Flesh and Bloud , and indeed has no being in Nature . But not to let him carry it off so , what does he think of Sigismond King of Sweden , crown'd in the year 1580. who in the very exact parallel to our present state of England , being privately bred by his Mother a Roman Catholick , unknown to his Father , and afterwards being elected King of Poland , openly profest the Romish Religion ; but upon his Fathers death , return'd to his Hereditary Swedish Kingdom : where with much difficulty he was received ; but under all the solemn conditions and engagements that could possibly be made between Prince and Subject , of his maintaining and upholding their Lutheran Religion . But on the contrary , no sooner were the Reins in his hand , but with all the fiercest Career of Infidelity , as if Hell drove him , he presently erects Popish Churches , places Popish Governours in all his Forts and Castles , encourages and countenances no other Perswasion , but striving by all Arts imaginary to bring in the Romish Religion . Upon this notorious Perjury his Subjects gave him the Reward which Mr. L'Estrange has elegantly allow'd such Perjury deserv'd ; they excluded him from all the Offices and Benefits of mankind : for accusing him of breach of Faith and mischievous practices against the Government , they deposed him . And this was done by Lutheran Protestants , neither Presbyterian nor Independent Fanaticks ; yet with offer of crowning his Infant-son Vdislaus , provided they might have the breeding of him in their own Belief ; which he refusing after seven years Treaties and other Endeavours for accommodation , all in vain , in the year 1607. they crown'd his Uncle Charles the third Son of his Grandfather Gustavus Errichson . Now how many Bejesuited , Fanatical , Rebellious , Covenanting , Trayterous , Holy-leaguing , Dissenting Psudoprotestants , would Mr. L'Estrange have call'd these Lutherans , were his Pen retain'd against them ? and what Volumes would he publish in vindication of Iure Divino and unalterable Succession , &c. with all the Curses of Bell , Book , and Candle , against them , as he has done against the Popish Character , for making so slight of that indispensable Duty , Passive Obedience ; though as ill luck would have it , certainly the busie Spirit of Mr. L'Estrange was not then in the world : for there are no such vilruent Records against them either in any of the Historians of that Age , or indeed ever since . Now one Remark I would make upon this Sigismond , to continue the parallel to our Case : He was a Prince in his nature as Heroick as we have or can have a Popish Heir , worthy of all those praises that either of these two Answerers have given the last ; and in short , to use one of their own words , A Prince for every thing else , bating his Perswasion , brave to admiration : Which one thing must more particularly witness for him , his being elected King of Poland , a Nation which we all know make their choice for a King out of the gallant , famous , and illustrious Worthies of all the Princes and Nobility through the whole Christian world . And yet we fee neither Magnanimity , Justice , all the Cardinal Vertues that adorn'd him , nor all the promising Perfections and Accomplishments of Nature , strengthen'd with all the Bonds of Protestations , Oaths , or Sacraments , could hold the head-strong Violence of his Religion . But to return to Mr. L'Estrange , in answer to the Character 's proving how improbable , nay impossible 't is to suppose we may have a Roman Catholick King , That shall discountenance Popery , cherish Protestantism , and effectually deter all those that shall endeavour to undermine or supplant it , he says . As to the Influence , which a Popish Suceessor may have upon Ecclesiastick Matters ( As in the Character ) , There needs no more to be said in 't then this ; that the King has been Gratiously pleased , to offer the passing of any Bill for securing the Protestant Religion , without Barring or diverting the Succession . And such expedients have been also framed to that effect , as have been by great Authority judged competent for the obviating of that difficulty . The first part of this Assertion , all the world knows to be truth ▪ but if such Competent Expedients have been framed , either the Framers of them have been the Unkindest Men in Christendom , or the three last Parliaments the Unluckyest : The first , in either never producing or publishing those expedients for the Nations service , in this time of exigence , or the last in never having the good fortune to meet with them ; for if the Parliament at Oxford were not damnably mistaken , or very lewdly forgetful , they have declared ( Nemine Contradicente ) that neither they , nor their Predecessors have ever heard or seen one syllable of such a Frame of Expedients offered them ; so that with Mr. Lestranges Pardon , his above named Great Authority has been greatly unkind in this Matter , or else their expedients were like one of the Virtuosoe's Engines never design'd for use . But he goes on . As to the rest I will not deny , but that it is a hard thing for a Prince to teize and persecute a people of his own Religion , purely Eonomine for their being so . And it is very probable too , that he will connive as Men of that perswasion in many cases , where the Law directs a Punishment . And what is there more in this , than what has been done already more or less from the Date of the Statutes themselves to this very Day : And what is done by the Government it self towards the Nonconformists at this Instant ! Where is the great Crime now , ( upon this Admittance ) in not punishing the Papists , so long as the Protestants are not persecuted . Here the Reader by the by may take notice , that these two Answerers did not confer Notes , for one says a Popish Successor will be a second part of the Immortal Brutus , and the other that he will be a quite contrary manner of Man. But here I would beg Mr. Lestrange to explain himself : if he means by a Popish Successors conniving at Men , of his own perswasion , to be no larger an extent of Royal favor , than what that party have received in the two last Kings Reigns , the priviledge perhaps of no more than a Queens or an Embassadors private Chapple , for the visible worship of the whole party throughout all England , then he contradicts the confessions of all the late Popish Martyrs , for amongst all their plot silence , they unanimously confess they had a fair list for a Toleration . And in case of such a Toleration in the next Kings Reign , under a Popish Successor ; wha'rs that less than Sigismunds erecting of Popish Churches , and with them no doubt placing Popish Governors in all Forts and Castles , Popish Ministers in all offices of trust , with Popish Generals , and Popish Admirals upon occasion , encouraging and countenancing no other perswasion , and striving by all Acts imaginary of setting up the Romish Religion , and all this dayly pusht forwards farther and farther , higher and higher by Degrees . Alas ! the Character never design'd to sham such a ridiculous impossible supposition on the world , that the Persecuting fury of a Popish King shall falt down upon us like Fire from Heaven , all of a suddain , and no less miraculously , or that Popery or Arbitrary Power , should grow up like Ionas Goad , in a Night . Alas , Smith field Stakes , Lollards Towers , and Inquisition Houses are the work of time ; and therefore where as yet , open Hostility cannot march , nor greater Conflagrations be attempted , they must have redress to less Games in the mean while , the use of smaller Fire-Brands , and Foxes Tailes to tye 'em to . In the next page he continues very smart upon the Character , part of which to be better understood , I must be forced to repeat . Char. Speaking of a Popish successor , executing the Laws . A very pretty chimera ? which is as much as to make this Popish King the greatest Barbarian of the Creation , a Barbarian , that shall cherish and maintain the Dissenters from Truth , and punish and condemn the pillars of Christianity and proselytes of Heaven : which is no other than to speak him the Basest of men , and little less then a Monster . Besides at the same time that we suppose that King that dares not uphold nor encourage his own Religion , we render him the most deplorable of Cowards , a Coward so abject , that he dares not be a champion even for his God. And how consistent this is with the Glory of a Crown'd Head , and what hope England has of such a Successor , I leave all men of sense to Iudge . Mr. Lestrange . Behold here 's the upshot of his high flown paragraph [ A Popish Prince that puts the Laws in execution for the punishing of Papists and for the countenancing and protecting of Protestants , is little less then the basest of monsters . ] How comes it then that the Crown of France has not treated the Protestants there , as this Pictur-drawer pronounces , that a Popish Successor would treat his subjects here ? The Protestants have now and then been severely handled , I know , in France , as the Papists upon some junctures have been in England : and now of late wors then usuall . All which hath been influenced as well by reasons of state , as by impulse of Religion . But shall we pronounce the most Christian King the greater monster for his better usage of us &c. Now I dare defie the world to find me out that author , that ever wrackt his Brains to labour out such mormoes as this ; a discourse soe intirely mal a Propos , and altogether soe little to his purpose ; what can he intend , or what would he argue from this ? is there any resemblance between the State of England and France ; is the French King , ( as the character says ) bound to condemn the pillars of christianity and proselytes of Heaven ? or has he any Laws to put in execution against the Papists ? doe his Laws uphold no other Religion but the Protestant , and in defence of that , declare Popery Treason , and oblige him to hang every Popish Priest in his Kingdom . Is there therefore the least compulsion upon him to render him that Barbarian or Coward mentioned in the Character . Nay on the quite contrary is not Popery there the Establisht Lord of the soyl , and the Protestant Religion only an inmate by toleration . Is there any more Hugonot Churches to that Great City Paris , then one stragling one , like our Pancras , for all the Protestants in that Populous Town . And now what if Mr. L'estrange would bring no less then 20. precedents of good natured French Kings that have not molested the Hugonots under them . Has not their own Religion the ascendant of the Nation , does it not flourish and triumph in Pomp , State and Glory , whilst the poor Hugonot perswasion only humbly truckles beneath it , and what then , if their Royal mercy does not persecute the Protestants , is there any thing in that mercy so monstrous or so unnatural ; or is their any Laws , Restrictions or Clogs upon the French King that can give such a shock to the soul of a Papist as the Protestant Laws of England . I confess Mr. Lestrange in one clause before was much in the Right , where he affirm'd the continuing a Protestant to the Eye of the World had been a means of gaining the point : and 't is no less a truth , that showing the Cards before the playing , has often endanger'd the Game . And indeed I have heard some smart sort of People a little Satyrical upon this Subject . I remember a passage of this kind I read to'ther day , being an invective against Machiavel for an unlucky Miscarriage in one of his great Designs , which translated into our own English runs thus . Oh! that our shallow thoughtless Machiavel should have so much zeal , and so little Brains to manage it . Such a Bigot , such Principles , such Resolution , such Infatuation : Impenetrable to all foolish effeminate thoughts of humanity ; a temper as rough , and as brutal as a second Ajax , untainted with remorse or pitty , that hates all thoughts of gratitude , friendship and fidelity , as much as Rome loves greatness , as deaf to a Kings interest and a Kingdoms Groans , as Romes own wish could form him . That excellent matchless engine for our work , had not this only wretched ill conduct blasted all , and crack't the whole foundation . Had he but play'd the sly and wise Ulysses till under his disguise he had stoln their fatal Palladium , and left their ruind Troynovant guardianless and defenseless , our Glory had been compleat . How might our great , our adorable Machine have succeeded , had not this unlucky Marr-al ruind it ? How might the reaking Gore of Butcher'd Infidels have fatten'd the Land , and with the Steam perfumed the Skies , and smelt sweet in the Nostrils of the Saints . We had a time , we had a day , a favourable smiling Courting Hour , the morning Dawn to our great Iubile : But oh ! that dear , that blest Minute 's gon . A Curse of all unthinking greatness ! How might this mighty Hunter have pursued the glorious Game , like the immortal Roman Tullia that drove her Chariot over her murder'd Fathers heart , and Rod tryumphant o're the crackling Bones of Majesty , had he not so rashly pull'd off the Vizard too soon , thus senselesly turn'd up his Cask , and show'd the fatal Face within it . And by that only accurst unfortunate Act , waken'd a whole alarum'd Nation to snatch the Reins , from this bold Rider , and cry , stop Iehu . Well , but Mr. Lestrange , through almost all his whole Pamphlet is still upon the impossibility of Popery , and Arbitrary Powers advance into England . Page 82. he says , take the matter as they suppose it , a King upon a Throne that 's principled for Arbitrary Government and Popery , but so clogg'd and shackled with Popular and Protestant Laws , that if he had never so great a mind to 't , there 's not one Subject in his Dominions , that would dare to serve him in his Design . Now the King of France we see has made himself absolute ▪ and that as I take it by the help of his Subjects ; and why English Men should not dare to do any thing , that the French have done before them , I cannot understand . Neither do I find , but a Popish King might not only have good Irish Hands out of his Dominions , but good English ones too upon that occasion , for besides his Popish Friends , we have but too many of all Religions , but more of no Religion at all , whose desperate Fortunes would make their hearts leap at so pleasing a motion , and push for a change at any rate to fish in troubled Waters , and that too notwithstanding the hazard of their Necks , upon a Scheame of Law which he proposes Pag. 40 , to be form'd for that purpose . Nay that Scheame of capital Laws should serve for an incentive to their Resolution , and make 'em wade the deeper , the more unsafe and dangerous it should be to retire . In the foregoing Page he says , Mr. Lest. that possibly there may be a Popish King that may not have the will to change the Government , in respest of the immorality of inclinin to such a violation of his trust and word , but most certainly not , in regard of so manifest an inability to bring it to pass . Now 't is evident the Plotters and Jesuites have not believed it such an impossible exploit , and why may not a Prince of their own Opinion , and their own Industry for Rome , upon the presumption of whose principles and for whose sake their whole Machine moved ; with a Crown on his head , and a Sword in his hand believe as they do ? So that were there a real inability in the case , yet if the blindness of zeal and the over-sight of Ambition shall not distinguish that inability to be manifest till the event & fatal success has proved it so , what shall that hinder his endeavors in attempting and prosecuting it , and then where 's the certainty of his will against it . And these endeavors once prosecuted amidst all the violent Inrodes or subtle Attaques that shall be made for Popery and Slavery , no God ha' mercy to his Kindness for 't , it is none of his fault that he lays his Bones by the seige , and does not live it out to put us to Storm . And I need not insist how far the Peace , Prosperity and Freedom of this once flourishing Kingdom will suffer under such a seige and how far they will be dayly harass'd and gall'd with so potent and so pressing an Enemy . At best they must expect to have their Laws snapt asunder as often and as fast as Sampsons cords , and their City gates in the scuffle twing'd off , and if at last they play the Philistians , and live to pick out both his Eyes for 't , the end of all must terminat in Sampsons fate , they 'll have an old heavy roof pull'd down both upon his head and theirs together . The next thing Mr. L'estrange falls foule upon , are the Acts of Parliament recited in the character , and here he either tells the Reader they are nothing to the characters purpose , or if they are , he finds such flaws in the Law-makers that made them , that they are unreasonable , and consequently void in themselves , as you shall hear anon . And so he fairly trips up the heels of Kings , Lords and Commons at once , and makes their whole authority insignificant because their Laws are against Mr. L'estranges inclination . First , he 's very angry with the character , for advancing the Popish Succesour first from the Possibility of a good man , then from bad to wars , and at last to a downright Traitor : and that from a statute of Queen Elizabeth , that declares every subject of England , that shall take absolution from Rome , or own the ▪ Popes supremacy , or pay any Fealty to the See of Rome guilty of High Treason . And then he answers this by saying , there are two provisoes in the Act that makes the case somwhat different from what the Characteriser has Stated it . viz. 1 Provided alway , that for as much as the Queens Maiesty is otherwise sufficiently assured of the faith and loyalty of the temporal Lords of her high Court of Parliament : Therefore this Act , nor any thing therein contained , shall not extend to compell any Temporal Person , of or above the degrée of a Baron of this Realm to take or pronounce the Dath abovesaid , ( viz. of Supremacy ) nor to incur any penalty , limited by this Act for not taking or refusing the same ( &c. ) 2. Provided also , that if any Péer of this Realm shall hereafter offend contrary to this Act , or any Branch or Article thereof , that , in that and all such case and cases , they shall be Tryed by their Péers , in such manner and form as in other cases of Treasons they haue used to be tryed , and by no other means . Now I would defie any impartial Reader to Judge if ever any thing was so weakly and so impertinently urged as these two Provisoes . The first tells you that the Queen was so assured of the Loyalty of her Nobility , that she would not put them to the trouble of Swearing to confirm it , as the Law required from her Inferior Subjects , but on the other side the second Proviso tells us that notwithstanding that , if any of them offended against the Law or any Branch or Article of it , they should find no more Mercy than the meanest Commoner in her Kingdom , but be equally Tryed for High Treason . Now what he drives at by this objection or what favor these Provisoes make for a Popish Heir , I declare I cannot Imagine , neither do I believe he knows himself . Upon this he comes to a touch of Conscience , and says ; It would be well if every man that presses with this unprecedented rigor upon the Person here in Question , would lay his hand upon his Heart , and say , if the King has Pardoned me Ten Thousand times more than this comes to , with what reason or Conscience can I Importune His Majesty thus bitterly against his Brother . Ten Thousand times more than this comes to , is a very great disproportion . But thus much I am certain , for the Heir of a Protestant Kingdom , and the Son of a Protestant Martyr , to be perverted to the Religion and Interest of Rome , so notoriously destructive to the English Government , and thereby to be the cause of all those Distractions in the Nation , that tye up the Hearts and Hands of the Subject , from their Duty to the best of Princes , and weaken both his greatness at home , and his Alliance abroad ; and not only this , but to be seduced to a perswasion , in such a juncture of Affairs , on whose only score , have all the late Conspiracies against His Majesties Sacred Life been contrived and animated , This I say , is bad enough , but to find out a man Guilty of Ten Thousand times more than this comes to , and Pardoned for it too , is ( to use his own word ) to give us an Original of an unprecedented Criminal , and as unprecedented Mercy . But if he intends this as a lash against the Author of the Character , I 'le venture to clear him , for to my knowledge , he is a Person so far from laying his hand on his Heart , and owing any Benefit to Royal Pardons or Acts of Oblivion , that I must say this truth for him . Ianuary 48 was past before he was Born. In the next Page he confesses that the Strongest Argument he finds in the whole Character is this . Char. if ever a Papist mounts this Throne , then all their murmurs their petitions , protesting and Association Votes will be remembred to the purpose , upon which he makes this remark . Mr. L. Now what can be a greater Indignity to the Iustice and Resolution of that Illustrious Body ( viz. the Parliament ) then to imagine so narrow a thought could any way influence the Candor and Solemnity of their Debates . Yes , indeed , what greater indignity then to imagine it . For if as the Character says , and Mr. Lestrange grants , they will be remember'd to the purpose , and the Heretick Dogs , upon his mounting into the Throne may live to be hang'd for their Barking , what greater indignity to the Courage and Resolution of those Illustrious Patriots then to imagine they 'le slacken their Votes and Debates against a Popish Succession for fear of his Revenge . So cowardly a thought indeed ( as he says ) would be too narrow for the Souls of English Men. From this he comes to the main point the Characters proving the Succession of the English Crown to be wholly subjected to the disposal Determinations and Limitations of Parliament . The Parliament ( says the Character ) 25 of Henry the 9th , setled the Crown upon the Heirs of that Kings Body by Queen Anne , and in the 28 repealed that Act , and intayl'd the Succession upon the Heirs of his Body by Queen Jane , Mary and Elizabeth being declared illegitimate . And in case they died without issue then the Parliament Empowr'd him by the same Act to dispose of the Succession by his own Letters Patents or his last will. In the 35th . Year of his Reign the Parliament granted the Succession to Edward , and for want of the Heirs of his Body to the Lady Mary , and the Heirs of her Body , and for want of such Heirs to the Lady Elizabeth , under certain Limitations and Conditions contain'd in that Act. But to prove all this nothing to his purpose he makes these six Objections . Mr. Lest. First , he says the Charasteriser infers that a Parliament may Order or Dispose the Succession . But whither they may or no , here 's little or nothing proved from these Citations . First under the ambiguity of the word Parliament , he would have this thought to be the single Act of the Lords and Commons , when the Enacting authority of it was solely in the King. This first Objection has more quibble than reason in it , and deserves no serious Answer . For the Character is so far from starting up an Ordinance instead of an Act of Parliament , that no man of sense can extort any such meaning from him . Secondly he says . These Statutes do not so properly transfer a Right , as declare and notify the Persons , for the prevention of disputes and competitions , as appears by the preamble to that of the 28th . Statute . Wherefore we your most humble and obedient Subiects , in this present Parliament Assembled , calling to our Remembrance the great Divisions which in times past have been in this Realm , by reason of several titles pretended to the Imperial Crown of this Realm . which sometimes and for the most part ensued , by occasion of ambiguity and doubts , then not so perfectly declared , but that Men might upon froward intents expound them to every Mans sinister Appetite and Affection , and Posterity of the lawful Kings and Emperors of this Realm ; whereof hath ensued great Effusion and Destruction of Mans Blood , as well of the great Number of Nobles , as of other the Subiects , and especially Inheritors in the same , And the greatest Occasion thereof hath been , because no perfect and substantial Provision by Law hath béen made within this Realm it self : When doubts and questions have been moved and proponed of the certainty and Legality of the Succession , and Posterity of the Crown , &c. Mr. L ▪ Now so far is the intent of this Act from diverting the Succession , that the express end of it was the setting of it right , by the avoidance of a former settlement upon the nullity of the Marriage . And afterward 26th . of the same King. cap. 2. The Act here before mentioned is called : The Act for the establishment of the Succession of the Heirs of the Kings Highness in the Imperial Crown of this Realm . Mr. L. Now there 's a great deal of difference betwixt translating the Succession from the wrong to the right , and the diverting it from the right to the wrong . Now certainly never had any objection less sense in it then this , for if this Act impowr'd the King upon the failure of Edward , Mary and Elizabeth , to give the Crown to whome he pleased , as really it did , and that must be expounded to give it only to the next right Heir . Now their could be but one right Heir in the case , and consequently if that right ought to possess , the empowring the King , to dispose of the Crown where he pleased , was downright nonsense and a palpable contradiction in the very words . So that for instance had Henry the 8th Upon presumption of this Act , out of some particular inclination , bequeath'd the Reversion of his Crown to a Tenth Cozen removed instead of a First , and this Law had been to have been read by Mr. L'estranges Spectacles , the very end they made it for , ( viz. ) to keep peace and quiet had been utterly destroy'd ; for instead of Reconciling all differences between future pretenders , and fixing the succession , it had only given new occasions for fresh Feuds , and so the Parliament had only wisely made an Act to ruine the very intent of it's Creation . Mr. L. Thirdly , this change and disposition of settlement though it pased all the formalityes of Bill and Debate , yet the First spring of it was from their certain knowledge of the Kings Pleasure to have it so , without which they durst never have ventred on such a proposition . Mr. L. Fourthly , matter of Fact is no proof of Right , and especially a Fact accompanied with so many circumstances of cross Capers and contradictions , as the pronouncing of the same persons to be both Illegitimate , and legitimate , &c. And a Man cannot imagine , without a scandal to that Grave and Wise Assembly , that the levity of those Councels and that humor of Swearing and Counter-swearing could be any other than the caprice of their new Head and Governor . Now pray observe the slyness of this slur he puts upon Majesty : He cunningly insinuates that Matter of Fact may not be Matter of Right , and that when the Humor , Caprice or Pleasure of a King influences the Votes of his Parliament to make it so . Now upon concession of Mr. Lestranges opinion , here 's a broad gate opened for a Rebellion ; for by his Argument 't is but disallowing the rightfulness of Hearth money , and indeed almost all the rest of the Kings Revenues because the King generally askt the Parliament money first , and so since the first spring of those grants were from the knowledge of the Kings pleasure to have it so , 't is but Mr. L'estranges denying the matter of right in this case , and so he makes the King a Tyrant to demand his own , and thereupon encourages the Subject to the most impudent undutifulness and disloyalty in nature . Now those cross Capers and contradictions , as he calls them , in declaring the same Persons one while Illegitimate and afterwards legitimate is one of the greatest Arguments that the conservation of a Nations Peace , was held a greater piece of Conscience in that Age , then the maintaining the right of Blood , when Illegitimacy it self upon occasion could be restored to the power of Succession . Neither was there any such Swearing or Counter-swearing or any such levity ( as he calls it ) in that grave Assembly , for the Oath they enjoyn'd the People in fidelity to the Kings Heirs could have no other meaning than whilst they were Lawfully so , and in all Justice the Obligation of it expired in course , when the Law declared them no longer such . Nor was it indeed any more than the Tenure of our present Oath of Allegiance , in which we swear to be faithful to the King 's lawful Heirs and Successors , which the Ignorance of some People has used as an Argument against the changing of Succession ; as thinking they have sworn fealty to the next of Blood , whereas in reality there 's nothing in that Oath that binds them to the Person but the Thing , to no particular Man any further than as he is Heir and Successor , Lawfully so , and no Man truly is either Heir or Successor til he Inherits and Succeeds , and as 't is most ridiculous to think the intent of an Oath of Allegiance is to make a Man Swear Loyalty to a fellow Subject , as as the greatest Heir apparent is no more whilst the King Lives , so the duty of that part of the Oath cannot necessarily be understood to commence or take effect till the present Kings death , and then if in the mean while the absolute Power of the Land , the King , Lords and Commons have constituted a new Heir and Successor , the obligation of that Oath of Allegiance can have no other Aspect , then to the Heir and Successor so constituted . Mr. Lest , fithly , with Reverence to the utility and constitution of good and wholesome Laws , it is not presently to Cite a statute and say , there 's a precedent , for those Laws that are repugnant to the Light of nature and Common Right are Nullities in themselves . Now here 's one of the boldest Master strokes of the pen that ever came in print . This point once gain'd , all the Protestant Laws since the reformation , and the whole fabrick of the present Government are totally subverted . 'T is but a Popish Successors believing aud maintaining that all the Protestant Laws ever since Henry the 8ths . perversion are against the light of nature , and consequently Nullites in themselves : So down goes the Protestant Church , up start the old Statutes de Haeretico comburendo , the old Smith field Fire-works , whilst Popery comes in in the open face of day most triumphantly introduced even by the awful Divinity of Law and Justice for its Supporters . So that after all Mr. Lestranges Vindication of the Honor , Honesty , Veneration of Oathes , Performance of Laws , and Preservation of the Protestant Religion in a Popish Successor , he has very subtly sound him out an Evasion to be a greater Tyrant and Devil than the Author of the Character could paint him , and that too with all the Innocence in the World , and even without the least Blemish of Infidelity . But to come a little nearer to him , in the first Place these Acts for the settlement of the Crown were so far from being repugnant to the Light of nature , that on the contrary 't is evidently manifest that the Law-Makers that made e'm mov'd by no other Guide or Light but that . For since self Preservation is the first and greatest thing that the light of nature teaches all Mankind , the very preamble to the Acts confirm us that the preservation of themselves and their Heirs in Peace and Tranquillity , and to avoid the future Effusion of English Blood , was the sole End and Design of those Acts. Secondly these Acts have nothing repugnant or destructive of common right . For if by common right , he implies a right to any possession or pretension derived from human Power and the Laws of Man , then 't is plain by the Constitution of our Government , where our Laws are not like these of the Medes and Persians , that the Law-makers that gave can take , and in that respect there 's no right so firm , which the absolute Power of the Law lying in the three States in Parliament cannot shake . But if by common right he means a right derived from the Laws or Commands of God , and therefore those Acts of Parliament are nullities in themselves , because repugnant to the Rules and Duty of Christianity . Then he would do well to tell us when that Law of God was made or that Command given . But that there is no such Law nor any such Rules of Christianity is plainly to be demonstrated from the most eminent precedents of holy writ ; where we find proximity of blood has been so far from challenging that unalterable Right of Empire that on the other side there have been several Changes of Kings made in that case even amongst Gods own People and that always by his Consent , and sometimes by his special Order . Besides if any such Law of God had been made , and left us in holy Scripture , 't is certain that Law ought to have no more obligation over one Christian Kingdom than another , and then consequently Venice and Holland that have no Kings at all , and Poland that always elect their Kings , by Mr. Lestranges Inference live Age after Age in continual Violation of Common Right , the Duty of Christians , and the Laws of God. I do confess I have heard of a Command of Christ that says , Let every Soule be subject unto the higher Powers ; for there is no Power but of God ; whosoever therefore resisteth the Power resisteth the Ordinance of God , and they that resist shall receive to themselves Damnation ; and therefore if the higher Powers of England the King , Lords and Commons are an Ordinance of God too , it is an Article of my Creed , That he that denies their Authority and Power , and not content with that only , endeavors to perswade and seduce the rest of his fellow subjects to the same denial is not only a Traitor to his Country , but from Christs own Sentence shall receive , if possibly , a double Portion of Damnation . But now for his Sixth Observation on this Statute . Mr. L. Lastly he brings instance here to prove that a Parliament may divert the succession , but he shows withal , that there can be no security even in that Exclusion , showing that what one Parliament does another may undo , so that now we are upon equall Tearms of security or hazard , either in the exclusion of the successor or in restraining him , for if he be tyed up by one Parliament , another may set him at Liberty ; and if he be excluded by one Parliament , another may take him in again . Now certainly this is the most comical humor I ever met with , to advise a Parliament to have a care of excluding a Papist for fear another Parliament restore him . Perswade e'm to fear that once , and make e'm Jealous of fancyes and Chimeras indeed . But to dissipate all shadows of any such dangers , there are some heads as wise as Mr. L'estranges ( no disparagment ) that are of opinion if one English Parliament once exclude a Popish successor we may safely defy Five Hundred Parliaments afterwards to restore him . The disinheriting of a Popish successor being a kind of Limbus , that if we have once got him into it , 't is damnable odds that all the intrest of Rome with Ten Millions of Masses never get him out of it . I must confess if we could have a Parliament of Mr. L'estranges particular choosing , the Consistory of Cardinals for the House of Lords , and St Omers Colledge for the House of Commons much might be ; but till then we are pretty safe in that point . But amongst all Mr. L'estranges despicable thoughts of the Decrees and power of Parliaments in Henry the Eight's days , he clearly forgets to answer that Act of Parliament of Queen Elizabeths mentioned in the Character , in which 't was made Treason for any man to affirm that the disposal of the Imperial Crown of England lay not in the Queen and Parliament , and indeed that Act comes so near the present face of the affairs in England , that it was made upon the selfe same occasion , that the Bill of Exclusion was endeavour'd by the late Parliaments , ( viz. ) with an intention of putting by Mary Queen of Scots the then next Popish Heir from the Succession , had not her Conspiracy against the Life of the Queen , put an end to all farther care , by the forefeiture of her head . But these Six Objections with the help of Common Right and the Light of Nature may serve to answer both ; and truly Mr. L'estrange has given us the top of his Politicks , and the utmost strength of his Reason for the defence of a Popish Successor , in opposition even to the Supreme Authority of the Nation , and against all the precedents of Laws and History . But alas ! what signifies Supreme Authority , Presidents , Laws , &c. There 's nothing so sacred which stands in their way , that the Champions of Rome must not endeavor to overthrow , and when the Popish Interest cries Halloo , they must Bark at least though they cannot Bite . Now 't is plainly to be discovered at what Foundation he strikes , by lessening and enfeebling the Legislative Power of the Nation , and though he wisely lays the Scene at such distance as the remoter Age of Henry the 8th , yet we understand where he aims the lash he gives , and what Gall his Ink's made of . But truly in his Remarks and Reflections upon the Capriches ( as he calls them ) of Henry the 8th , with the weakness of his great Council , the shallowness of their Debates , and the invalidity of their decrees , he chooses the safer Subject . The Majesty he reviles , and the Authority he ridicules , being so long since inoffensive Dust and Ashes , that he has this Reason for his Boldness , and this shield for his Defence . Nulli gravis est percussus Achilles . But to answer those strait-laced Consciences that so vehemently maintain and assert Succession to be Iure Divino , and cannot be alter'd by any human Laws , I will put this instance . Suppose a King has two Sons , the eldest of which , ambitious of a Crown , and mislead by the ill Counsel of his Priests , favourites or the like , conspires to depose his Father , and in Order thereunto , confederates with some neighbouring Monarch ; who upon assurance given him , by this Aspirer of resigning of some part of his Dominions to him , or becoming tributary to him , furnishes him with Money and Men , by which assistance he flies out into an open Rebellion against his Father , upon w ch the Father commissions his younger Son to fight this Rebel Prince , who beats him , and makes him fly out of his fathers Dominions to that confederate neighbours Protection , upon which the King with the unanimous consent of his loyal Subjects passes an Act for a total Exclusion of the Elder son from the Crown , and to place the Succession in the younger . Now will any Man say that this is not warrantable and just both by the Laws of God and Man. For if it be unwarantable , and that this Rebel Prince must still suceeed , then consider what follows . Frst , here 's a manifest obstructing of the distribution of the greatest Justice both human and divine . For whilst this Prince continues safe by his Flight , and his forreign Protection , from any personal Sufferance for his Crimes , and at the same time 't is granted he cannot suffer in his Birthright , then this indispensable continuation of succession confers the greatest Earthly felicity and reward viz. a Diadem on the greatest of Criminals , one Doubly a Traitor not only against the Lords anointed , but even to the Fountain of his own Royal Blood , and the Author of his being , a Father . Secondly ; it makes crown'd Heads the most miserable State of all man kind ; nay they are below the meanest Peasant in their Kingdoms : For the vengeance of a Subject , having the Power to disinherit , shall persue a Rebel son even to the East Indies , whilst a King , who they say , has , or should have long hands shall notwith all his thunder reach the worst of rebels cross the next Sea , or perhaps the next County . So that where 's their boasting themselves to be Gods Vicegerents , when they alone of all Men are most debarred that greatest Prerogative of a Diety , REVENGE . 3d , By this means Majesty that should be most sacred , and the person of it most religiously guarded , and defended , lies more exposed than all Mankind besides , for if it be true that . Filius ante diem patrios inquirit in annos . And the lust of Inheritance makes the Blood of the Impatient Heir boil high for possession , then 't is most true , where the Inheritance is Greatest , and the Temptation Strongest , as in the case of a Crown , that there the Blood boiles highest . And if so , and Birth-right be still unforfitable , then to the strongest Temptation here 's the least danger , and the greatest Encouragement for gratifying that lust , and accomplishing all such tempting desires . So that upon this position , who so arm'd for a Traitor as he that 's Born to a Crown , and who so unsafe as he that wears it . But surely 't is inconsistant with that particular care , that God takes for the Preservation of Kings , to entail that Ius Divinum upon them , that places them infra statum Humanum . However to give a little clearer light into this great point of Succession I shall trouble my Reader with one instance more . It cannot be disputed but that either Queen Mary or Queen Elizabeth did succeed to the Imperial Crown of England not by Divine Right of Succession , since Queen Elizabeth was Born whilst Queen Katharine the Mother of Queen Mary was living , but one of them must undoubtedly enjoy the Crown Iure Parliamentario : if the latter , ( as cannot be denyed ) and that Succession is Iure Divino , then she was an Usurpess upon the Right of the House of Scotland : and what then is the consequence of all this ! First , it shakes , and strikes at the Foundation of the Church of England , which derives all its Power and Authority from the Crown which began in King Henry the 8ths , and were more fully confirmd by Queen Elizabeth , and therefore the Church of England was setled by a Princess de facto and not de jure , insomuch that it undermines the very basis of the Hierarchy and Ecclesiastick power , and the order of the whole Clergy , who derive their Distinctions and Ordinations from that Queen . 2ly . It may call in Question all the Grants of that Queen , which have not been confirmed by the Scottish Line , and destroy the many and great Priviledges conferr'd on both the Universities . 3ly . According to the Rule of Ius Divinum it may raise a Question hereafter of what validity those Honors are which that Queen was pleased to confer upon several great and eminent Families . Lastly it would well become many worthy and learned Men seriously to consider whether they do not labor to do the Work and Drudgery of the Church of Rome , who assert so fatal a Principle , whereby they make Queen Elizabeth an Usurpress , and build the superstructure of the Protestant Religion , the right of the Church , and the Legality of the whole Clergy of England , upon such a sandy and ruinous Foundation as the High and Mighty Ius Divinum . But if we will allow that Princess our lawful Queen , which I hope no Man will have the Impudence to deny , then the disposal of the Crown by Parliament is just . But if Ius Divinum that lay buried 44 Years together must make a Resurrection in our present Distractions of England , and both Honor and Conscience render an exclusion Bill unlawful , how came the proposition of making a Popish Successor but a Nominal Prince , and setling the Administration in Protestant hands : If that may be , then here 's Ius Divinum quite laid aside : for Divine Right of Birth entitles a Prince to the power as well as the name of a King , and if that right be sacred and inviolable , no one part of it more than another ought or can lawfully be alienated . But if the greatest part of it be by the greatest Authority allow'd justly Alienable by Act of Parliament , there 's an end of all Divine Right , and a concession of the Iurisdiction of Parliaments , insomuch that if they may legally take away the Kernel , and leave only the Husk of Succession , by the same Authority they may as well take away both : and a total Exclusion is no more repugnant to Honor or Conscience then an Exclusion in part . But if any Man has a curiosity to examine the Effects of Exclusions in part , viz. Limitations and Restrictions that have been put upon the English Crown , I will only advise him cursorly to run over the contests between King Iohn and the Barons ; Henry the 3d , Edward the 2d , and Richard the 2d and their Barons , and the troubles of Henry the 6th , and the several Agreements made between him and the D. of York , and he 'le easily satisfie himself that notwithstanding the several Agreements Restraints and Limitations put upon the Crown , and those confirm'd not only by Acts of Parliament but solemnly ratifyed in the Face of Heaven by many Oaths and dreadful Excommunications by the Church , yet none ever held : but so soon as those Parliaments were dissolved , or the first opportunity or advantage happen'd , those Kings by the ill advice of their Favourites and Minions broke all , whereupon both parties flying to Arms , the King accusing them of Treason , and they Him of Perjury , the rise of all those long and bloody Civil Wars had no other ground but this . But to back his last six Arguments in defence of the Succession we find him for the next three or four Pages together corroborating his Opinion with the practice of the primitive Christians . First he tells you 'tis a Gospel precept not to do ill that good may come of it , such as the unwarrantable devesting of a Prince of his Birthright though for any safety or preservation whatever . So that in the case of England supposing it would come at last to a down-right persecution under a Popish Successor , yet to stand upon our Guards to prevent it would be more than ever the primitive Christians did under the ten Persecutions ; and we have not only their Example but their express Doctrine against it . And therefore ( as he says in another place ) 't is our Duty to bless God for the Peace and Happiness we now enjoy , and rather wait his farther pleasure with thankfulness and resignation , then with murmuring and a●●trust to Anticipate future Evils and Prejudge Providences to come . Now never was any thing more plausibly managed to so little purpose , for the Correspondence between ours and the primitive Christians case is here so incoherently Ballanced , that never were Arguments more Sophistical . The primitive Christians preacht Obedience to Nero , yes , and they had forfeited their Christianity if they had done otherwise , but what was that Nero , an absolute Monarch : and what those primitive Bishops ? not such as ours , they were not a part of the Legislative Power of the Nation , as our Prelates are . If Nero invented Wracks , Tortures and Gibbets for persecuting or murdering the poor Christians , he did it by his own uncontroulable Authority , nor were those primitive Bishops call'd to make Laws , and therefore had not the lawful power of the least Vote in Moderation of Neroes Cruelty , or in Redress of the Christians Torments . I am sure if they had had any such voting or law-making Power , and yet out of a base principle of cowardly Fear on one side , and like fordid Sycophants out of a servile Flattery of Neroes barbarous Inclinations on the other side , had neglected the means , ( as much as in them lay ) of preventing those Persecutions , they had been rather Wolves then Shepherds over the flock of Christ , and Accessaries to all those Butcheries that Nero committed against them . For not to oppose where opposition is lawful , is to permit , and to permit is to Act. So that there would not have been that Engine made to rend the Tortured Christians Bones , that they them selves in so doing had not lent a helping hand to the winding of it up . Nor is it to be doubted but that if those Primitive Prelates had had those Sacred Recorded Statutes , those Royal decrees , Presidents and Laws before 'em , wherin the disposal of the Crown under which they lived had lain in the Absolute Power of the Nation , it being declared no less then Treason to deny it , and that the Kingdoms safety in despight of Birth-right had sometimes Authorized the change of the Sucession ; had these Prelates , I say , lived under such a Government , and at the same time sat at the Helm like ours , it is to be presumed upon the certain prospect of a next Successor of known Principles of Barbarity and persecution , with the Innate implacable inveteracy against Christians and Christianity ; they would boldly and unanimously have endeavored and Voted for his Removal , and whatever Obedience they Preacht to a Nero upon a Throne , they would have thought it neither an Obligation of Conscience or Christianity to have lent their Assistance to the mounting a Nero into a Throne . So that 't is more than likely under such a Power and such Circumstances they would have stood upon their Guards , ( as the Character says ) against so dangerous and so fatal a Succession ; not stood upon their Guards , as Mr. Lestrange interprets it , with their Swords in their hands , but as the Author meant it , with their Eyes and Tongues in their heads and resolution in their Soules , to see the real dangers themselves and their Religion are in , and to propose and provide all lawful and necessary means to prevent them . Nor would they upon second thoughts with Mr. Lestranges tender Conscience have judged this legal & manly Resolution in defence of their Religion to fall under the Premunire mention'd in the 3d. P. of his Book , a Prostituting of their Soules to save their Skins and Fortunes . This I am sure , they could never with Reason or Religion have judged it any such Prostitution , but if they had made Religion and Conscience the Pretence to judge it so , and thereupon had directed and managed all their Studies , Labors , Endeavors , Votings , Preachings , Insinuations and Encouragements for the Establishment of such a Successor , they might very seasonably fall under as severe a scandal , and I am sure as justly deserved , as what Mr. Lestrange has given the Fanaticks under the Name of Papists in Masquerade ; for in this case the wiser part of the World would have shrewdly suspected they had been more Heathens in Masquerade , than Christians . Neither is there ( by Mr. Lestranges Permission ) that incumbent Duty upon Christianity , to be so wholly employ'd in blessing God for our present Peace and Prosperity , as to wait his farther Pleasure and Providences to come with so intire a Resignation , till we neglect a lawful Preservation when approaching Ruine threatens us ; he that by the Blessing of God stands upon the firm Shore and sees that terrible and unusual Torrent come rowling on , which in Probability may break the banks and drown him , is so far from being oblidged to an idle standing still , and a resignation to the will of Providence , whether the Innundation shall break in , and he sink or swim : That if he miscarries by that idle neglect of himself , it will not at all clear him from being accessary to his own destruction , ( and therefore answerable for it ) by excusing himself to God , and saying , Lord , I submitted to thy pleasure . From this we come to the Characters Doctrin of Passive Obedience , which the Character avows may be laid aside under the Tyranny of a Popish Succession ; in answer to which we have Mr. L'estrange very severe against him , for so bold and so dangerous a position , and perhaps if there be any glimpse of Reason throughout his whole answer 't is there ; but however that the Authors Opinion may not appear so strangely enormous , nor his position so wholly destructive to Government , and so opposite to Christianity , as his answer would render it ; let us venture to make a little explanation of the Character . First then to distinguish what that Tyranny is which he justifies we may lawfully oppose , and what Invasion that , we may justly repel , I must refer the Reader to the Character page 22d . Char. What does this Popish King by admitting the Popes Supremacy , but divest himself of half his Royalty , whilst like the Junior King of Brentford in the play he resigns and alienates the Right hand power of Majesty to an Invader and Usurper ; and thus we are enslaved by a medley Government betwixt Tyranny and Usurpation . and again . page 6. Char. If he be a Man of Justice that still makes for Rome , for whilst he believes the Pope to be Christs lawful Vicar , and that Office includes the Ecclesiastick Supremacy , no doubt but he 'le think it as much the duty of his Christianity to give the Pope his right as to take his own . So that upon this supposition of the Popes Supremacy restored , the Author has stated both our Tyrants and our Slavery . But to return to Mr. L'estrange . page 73. Mr. L. In our Oath of Supremacy we swear that the King is the ONLY SUPREME , Governor SUPREME , so none , ( not the Pope ) above him , and ONLY SUPREME , so none coordinate or equal with him . If so , and the King is Supreme Governor Ecclesiastick and Civil , and a Popish King notwithstanding shall alienate half his Supremacy to the Pope , then the Pope is co-King with him ; and that it may not be objected that Supream Ecclesiastick Power is not Kingly Power , where the Highest and last Appeal lyes , there lyes Royal Power , and therefore whilst the highest and last appeal in all causes Ecclesiastick , in such a Government is lodged in the Pope his Power is Royal. For it would be very absurd to say that a Supreme Moderator in causes betwixt Man and Man should be a Kingly Governor , and a Supreme Moderator in causes between God and Man should be none . That were to place a Majesty in that Authority that says Thou shalt not steal , and none in that that says Thou shalt have no other Gods but me . 'T is true the Pope to mince the matter , and to Sham upon those Romish Kings that Admit of his Church Supremacy , very cunningly usurps the Prerogative without the Name , and therefore wherever he is Supream Iudge , he lets the Temporal Soveraignty be still the Supream Sheriff , for whereever his Tribunal condemns , the Popish King is Hangman Generalissimo to execute . Yet still in reality his Power is never the less Kingly , when we see that this Popish Executioner under him , is so far from the Exercise of any Regal Authority in his Sheriffalty , that he 's but a substitute of the Popes , and accountable to the Pope for the least neglect or misdemeanor in his office of that kind , so that the reestablishment of the Popes Supremacy here , is setting up a new Kingly Power . But by what Title ? None . For granting his Supremacy of old was his right whilst he possest it , yet considering that right has been lost above a Hundred years together , by the Laws of Conquest 't is now wholly expired , and he can lay no more claim or pretence to 't after so long an alienation , then the Christians to Constantinople , or the Danes or Saxons to England . Now 't is a known Maxim in England that a King of himself cannot give , sell , or alienate all , or part of his hereditary Soveraign Power , neither can he any more restore the Pope ( out of a freak of conscience ) to his Supremacy , or his Abby Lubbers to their old fat pastures , then he can say to the Duke of Saxony , Sir , lay claim to half England and 't is yours , and therefore land a colony in the West of England , and Crown your self King there , whilst I content my self with the Soveraignty of York-shire , and two or three more Northern Counties about it . Nay suppose a King should say so , and this Saxon Prince upon that presumption should come , and make a Seisure , there 's never a Subject in England , notwithstanding their Lawful Soveraigns special Gommand to them to yeeld Obedience to this usurping invading Saxon , that may not justly and with a safe Conscience oppose this Invader , and shoot him though the heart at the very first step he makes into England . For whatever passive Obedience is due to our Native Prince we have none due to a Forreign Invader . So likewise 't is a plain case that the Popes Supremacy entring into England is an Invading and Usurping Royalty . For though we are bound to pay fealty , to what ever Deputies , Viceroys , or Subministers the King shall Ordain or Institute under him , yet the Popes Supremacy cannot come under that name , for it ceases to be Supream if there be a Power above it . So that whenever the King shall say to the Pope assume your Prerogative , there 's never a Subject of England , that may not by violence rescue an Heretick from a Stake that 's condemn'd by that Prerogative , or any delegated Authority from the Usurped Supremacy of the Pope , nay if they burn the very Tribunal about those Jesuitish Judges eares that pronounced that Hereticks Condemnation , they may Iustify the Fact both to their King and their God. The Papist in Masquerade draws now near to a Conclusion , and gives the Characteriser a dead doing blow at last stroke , by the Argument raised against the Characters position , that Kings were made for the People , and not the People for the Kings . Though by the way the Characterisers assertion is not only one Drs. opinion ; for if he will allow King Iames to have as much sense as himself , we shall find him , ( if we may take his Royal word for 't ) a little leaning towards the Characters side , witness this clause in one of his Speeches in Parliament . Anno 1603. As I am a Head and Governor of all the People in my Dominions , who are my natural Vassals and Subjects considering them in number and distinct Ranks ; so if we take the People as one Body and Mass , then as the Head is ordeind for the Body , and not the Body for the Head , so must a righteous King know himself to be ordain'd for his People , and not his People for him ; for though a King and his People be Relata , yet can he be no King if he want People and Subjects ; but there be many People in the World that lack a Head , &c But no matter for all this , Kings are but Men , and this human Error of King Iames , must not dare to oppose the more sacred Authority of Mr. Lestrange . For to bafflle this gross Mistake of them both , he continues , But after all these Words , to shew that Government originally was not popular , I shall add a few more to prove the Institution of it to be purely Divine ; which Opinion , in truth , needs not any other support then the Authority of the holy Scriptures . By me Kings reighn &c. I have made the Earth , the Man , and the Beasts that are upon the Ground by my great Power , and my Out-stretch'd Arm , and have given it to whom it seem'd meet unto me Ier. 27th . 5. Now I cannot find by this Text : By me Kings raighn &c. But that by me Subjects possess their lawful Inheritances might claim the same right . For an Empire to a Monarch and a Lordship to a Subject , a Naboths Vineyard , or an Ahabs Kingdom are equally the Gift of God , and by our Authors reasons may equally pretend to a Divine Iustitution . Neither is there so much Support as he calls it in this holy Authority , but I can match it with another as holy and as much to his purpose , which tells us , not a Sparrow falls to the Ground without the will of my Father , &c. Now if no King reighns without him , and no Sparrow falls without him ; a Manmight ask him why the holy Authority of this last Text might not make the falling of a Sparrow have as much of divine Institution in it as the Enthroning of a Monarch . Nor can I perceive that there lies so much stress in Gods giving the Government of the Earth , Man , and Beasts to whom it seem'd Meet to him , as to Nebuchadnezar in the Text , but that a MENE , MENE , TEKEL , UPHARZIN , written by the Almighties own hand against his impious Heir , the sacrilegious Idolatrous Balshazar was as much the Word of God , and had as much divine Institution in it as by me Kings raign . But to proceed in our Authors argument . Mr. L. That which we now call Kingly Government was at First called Paternal , and after Patriarchal &c. And we sind by the powers they excercised &c. And so he advances in a Florid Descant upon this Subject till he lodges the first Paternal Kingly Government in Adam . Here you may perceive he 's harping at the old Iure Divino , but I shall wave that point of dispute , and even with granting his supposition true , out of his own opinion invalidate the chief argument of all his discourse , and the Fundamental Design of his whole pamphlet , ( viz : ) Unalterable Right of Succession . If then ( as he says ) the Patriarchall power was Kingly , how comes it to pass that Esau forfeited his Royal Inheritance ? and Iacob his younger Brother got it from him ; nay the alienation of his Birthright ( as Regal and as Divine as our Masquerader would have it , ) was transferd to the younger Brother even by God himself , and that too ( as we read in Gods promis to the Mother ) before they were born . Nay though the Father Isaac had no prejudice against Esau , but resolved to make him his Heir , and accordingly sent him for venison to cherish his heart , that he might receive his Blessing and with it the Assurance of his Inheritance ; yet when Iacob by Artifice , and his Brothers borrowed Name had deceived the Father , and extorted the Blessing , we find the grant of his Inheritance , though fraudulently obtain'd was so far from being retracted , that the Fathers promise and word even to the Counterfeit Esau was more sacred , then all the formidable ties of Blood , and the inviolable Right of Succession . Now I hope , our wise Author will not quarrel with Isaacs Injustice and appeal to the Light of Nature and Common Right for the Redress of Esaus wrongs . Perhaps it may be objected rhat Esau sold his Birth-right foolishly for a Mess of Pottage , though that we find had no influence on Isaacs Determination , yet if a Royal Birth-right could be sold or forfeited either by the Folly or Fault of the Heir , where 's SUCCESSION ? and if in our present State of England we have an Heir of those corrupted Principles , and that depraved Infatuation , till he has prodigally forfeited his Fathers and his Grand-Fathers Blessings , the one having sealed the Protestant Faith with his Blood , and the other having particularly entayl'd a curse upon all his Progeny that should ever Apostatise from the Protestant Truth to the Popish Superstition , if we have an Heir so bewitcht by the Charms of Rome , which like the Syrens songs can convert Reason into Madness , or rather like Circes Bowles transform Men into Swine , why not the Prodigals fare the husks , a more proper Reward from him , than a Coronation Festival . This I am certain , if he had Esaus Fate , the Blessing and Inheritance should go together . I shall only instance one particular more out of holy Writt , I hope his &c. in the last Paragraph will allow the Iudges of Israel were a Kingly Power as well as the Patriarchal , and that they may indeed appear so , we find their Government the most agreeing with the present Monarchy of England , for they had the Power of Life and Death , Peace and War in their Prerogative , but then as a Restriction against Absolute and Arbitrary power , ( like our Common and Ecclesiastick Laws ) their Constitution of Government was limited and confined withing the establisht and recorded Mosaick Law which was the ultimate Verge of their Jurisdiction both Civil and Spiritual . Now here in the case of Samuel Judge of Isreal we find him parting with his Royalty and conferring it upon his two Sons even in his own Life time : after that we find the Israelites disgusted against their ill Government and asking for a King , that is such a King as those of the Nations round about e'm , viz. an Absolute Monarch . And upon this Saul stept up into the Throne . Now here we may observe there was so little Regard had to the Right of Succession that their lawful Judges even after possession were divested of their Royal Dignity , and that too ( mark it ) not only upon the Peoples Request , but even by a Command from the immediate Voice of God , without the lest Reflection of the Duty of passive Obedience to Samuels Sons those corrupted Judges of Isreal . And though it may be objected that God was angry with the Children of Israel for their desires of Change , in that they had follow'd other Gods , and that this asking for a King as we read ) look'd like rejecting of him that had brought e'm out of Egypt , and deliver'd them from the Hands of their Enemies , yet since God complyed with that desire , no Man must say , this Change was unlawful or the removal of their Royal Judges unjust . But in Answer to all this , our Masquerader will not want a Justification for the unalterable Right of Succession , nay rather than stand out at a dead Lift hee 'll start you up a common Right and a Light of Nature that upon occasion shall supersede even the Records of Scripture and the very immediate Acts of God. Nay we find , after the Constitution of that more absolute Iewish Monarchy which began in Saul , that his very next Successor was a Stranger to his Blood , a Man of a quite different Family ; in so much that David the Man after Gods own heart , a man so eminently beloved of the Almighty , that from his Loyns the promis'd Messias should procceed , was a Prince so far from owing his Crown to the Right of Birth and Blood , that he was anointed King even in his Predecessors life in spight of the Greater sons of Saul those nearer and juster pretenders to the Crown had Birth-right given e'm title to it . But so Early a sea-mark did God set up against that fatal Rock , unalterable Succession ; and so timely a care did the great Founder of Empires , the Divine Omnipotence take , to show that the Dispensations of Majesty for his Peoples good and his own Glory , were to be preferr'd before the Soveraignty of Birth , that blinder gift of Chance . But to come a little down to our own age , even in all our latest Modern constitutions of Monarchy , and that not only in England but all the Christian Kingdoms in Europe , we find there is not altogether that infallibility in Birth right , but that Fools and Mad-men notwithstanding their proximity of descent are excluded from Empire , so that by Mr. Lestranges permission a Shallow Perecranium or an Addled one upon occasion shall put very good Royal veins out of play . So that to make Monarchy go a little hand in hand with our new natural Philosophy , some Criticks will tell you , that the Life of it lyes more in the Head than the Heart , that is , in the Brain than the Blood. And that I need not stray far for an Instance , have we not had a late King of Portugal deposed as Delirious and Frantick and consequently render'd by Law uncapable of reighning , and all this done by his own Subjects and those of his own Religion , without the least Reflection of Treason or Rebellion or the Aspersion of lifting a hand against the Lords anointed . Nay if truth might make bold in England there be those that dare honestly venture to say there must go so strong a Dose of Folly and Madness or indeed both together to make up the composition of a Popish Heir to the Protestant Crown of England , especially an Heir that can be fond of the Gugaws , Bawbles and Trumpery of the Romish Superstition as to hazard three Crowns for them , and that too by an Apostacy from a native Hereditary Protestant Faith , not only derived down to him , but more signally sealed by a Royal Fathers Martyrdom , a light which certainly would shine through all the mists and fogs the Iesuitish Magick has or can cast about him , though thicker if possible then the Egyptian Darkness it self , a Darkness to be felt ; were there not a Skull in the case more than strangely impenetrable , and a Cerebellum if possibly more than supernaturally impedimented : so that if in Truth he but fairly stood the Test of an old Statute we have already , the Begging of his Reversion would be so feasible that it would be cross we won , and pile he lost . But to come yet a little nearer to the mark , as it is most undoubtedly true that Soules are never Generate , and consequently not always derived from the Father that Begets , it sometimes so falls out by the Caprice of some ill natured planet , or to come to a more Christian notion , by the indisputable Will of Omnipotence that moulds the Clay as he pleases , to make such infinite disproportions in the unequal distributing of those sparks of his own Celestial fires call'd soules , that so much over rule the inferior Mass of Flesh and Blood , and sometimes so far Estrange and alienated a Son from the Nature , Temper , and indeed almost every thing of the Father , till it does worse then Bastardize even Legitimacy it self . FINIS 
A56345	----	The true portraiture of the kings of England, drawn from their titles, successions, raigns and ends, or, A short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from William the Conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the Parliament of England / by an impartial friend to justice and truth. Parker, Henry, 1604-1652. This text is an enriched version of the TCP digital transcription A56345 of text R33010 in the English Short Title Catalog (Wing P429). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 119 KB of XML-encoded text transcribed from 24 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A56345 Wing P429 ESTC R33010 12841418 ocm 12841418 94379 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56345) Transcribed from: (Early English Books Online ; image set 94379) Images scanned from microfilm: (Early English books, 1641-1700 ; 1038:1) The true portraiture of the kings of England, drawn from their titles, successions, raigns and ends, or, A short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from William the Conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the Parliament of England / by an impartial friend to justice and truth. Parker, Henry, 1604-1652. [4], 42 p. Printed by R.W. for Francis Tyton ..., London : 1650. "To the reader" signed: Henry Parker. Imperfect: print showthrough with loss of print. Reproduction of original in the Union Theological Seminary Library, New York. eng Kings and rulers -- Succession. Great Britain -- Kings and rulers. Great Britain -- Politics and government. A56345 R33010 (Wing P429). civilwar no The true portraiture of the kings of England; drawn from their titles, successions, raigns and ends. Or, A short and exact historical descri Parker, Henry 1650 22163 33 5 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2008-04 John Latta Sampled and proofread 2008-04 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE TRVE PORTRAITVRE of the KINGS OF ENGLAND ; Drawn from their Titles , Successions , Raigns and Ends . OR , A Short and Exact Historical description of every King , with the Right they have had to the Crown , and the manner of their wearing of it ; especially from WILLIAM the Conqueror . Wherein is Demonstated , that there hath been no direct succession in the line to create an hereditary right , for six or seven hundred yeers ; faithfully collected out of our best Histories , and humbly presented to the Parliament of England . By an impartial Friend to Iustice and Truth . Psal. 146. 3. Put not your trust in Princes . Psal. 62. 9. Men of high degree are a lye ; to be laid in the Ballance , they are altogether lighter then vanitie . Nihil est imperium ut sapientes definiunt , nisi cura salutis alienae , Ammianus lib. 39. LONDON , Printed by R. W. for Francis Tyton at the three Daggers in Fleet-street , neer the Inner Temple-Gate , 1650. To the READER . READER , IN the Study of Politicks , the more confident we are , commonly the less proficient we are . For there is no other study wherein the Passions of men do more impetuously contravene , and overturn right Reason . Men born in popular States , think themselves bound to abhor all Kings , as being De genere Bestiarum rapacium : So Rome it self pronounced from the mouth of Cato the Censor . Others on the contrary born under Monarchs , speak as odiously of Democracies , and make this reply to Cato , That even Rome her self , when she plundred a third part of the world , and graced her own Captains , with the pompous titles of Africanus , Asiaticus , Achaicus , &c. was as ravenous a beast as any other . See what strong Byasses wisemen have , and obey . The Question is not , Whether this , or that form be free from oppression and injustice , or not ; we know well , all Forms have their peculiar advantages , and disadvantages : and that at some times they all transgress their own Rules and Interests , as it were by accident , and not out of misconstitution : The question is , Whether the one constitution or the other be more free , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , from oppression , and injustice ? Now for solution of this , greater light shines , and breaks in upon us from demonstration , and sensual proof , then from Syllogisms , and logical inductions . Reading assures us , that Rome was not so just to other Nations , nor so constant to the Interest of her own Citizens , when she was under Kings and Emperors , as she was , when she chose her own Consuls , and limited Magistrates . T is as apparent also at this day , that the people of Venice , the German Hans-Towns , Switzerland , the United Provinces , &c. do more flourish , and truly injoy the due benefits of Liberty , there the French , Turkish , or any Royalists whatsoever . T is further as visible by the publike banks of Treasure kept in Democracies , and the strange splendor which Traffick brings to them beyond Monarchies , that Faith is not kept so sacred and inviolable where one raigns , as where Majesty and Supream Power remains vested in the people ; and most sure it is , the sanctity and untemerated chastity of publike Faith is the best and firmest basis of all Government . To dispute these things , is to undervalue the report of our own senses ; and to deny our own senses , is to deny our selves to be men . The enemies of our present Government ubraide this our popular model , the rather , because it exasperates all our neighbours against us ; whereas this is a great argument for us , that our neighbours are troubled at the ejection of Monarchy . For neighbours are more apt to envie then pitty : and the condition of him that is envied , is far better then his that is pitied . The main advantage that commends Hereditary Monarchy , is the unity of it , for that it is not so liable to civil broils and commotions , as other temperaments where the Magistrate is elective : Yet Reader , if thou wilt strip thy self of thy passions and prejudices , and peruse this Treatise , thou shalt see that even Hereditary Monarchy it self is far from being a soveraign , a remedy against civil breaches and divisions . The Author of this Book is unknown to me , and the Book it self came casually to my hands , but I have been induced to publish it , because it invites thee not to Precepts , but Precedents , not to Disputable but to visible Politicks . I need say no more ; by the Work rather then report judge of the Author , and by Experiment rather then Logick judge of the Work . HENRY PARKER . The true Portraiture of the Kings of England , drawn from their Titles , Successions , Reigns , and Ends , &c. TO treat of the nature and difference of Governments , the distinction and preheminence of Monarchy , or Aristocracie , with the other kinds , and forms , which have , according to the temper of the People , and the necessity of providence , had their course in the world , will be useless in this discourse , which is calculated only for this Nation , and to describe not so much the Government , as the Persons who have ruled among us , and is onely suited to Monarchy as it hath had the sway of the English Throne ; a Discourse not so pleasing as profitable ; we are loth to have our old soars launced , or to think of change , though it be of misery , the temper of this Nation being apt to be pleased with any thing that is stately , and costly , though never so dangerous and miserable ; yet something must be said in generall , to prepare the way for the particulars of this Treatise , which is not intended as controversall , or definitive of the nature of things , but meerly practical and demonstrative , fit for every eye that means not to shut himself up in blindness , and darkness . As the foundation and originall of Government is confest to be of equall Antiquity with the generation and multiplication of mankind : so doubless the just and methodicall use , and due management of it , is as necessary to the well-being of men , as the exact proportions , and orderly motions of the Heavens are to the preservation of the Globes ; and certainly without it the rationall world would be more miserable then the materiall without Sun , Moon and Stars , with all coelestiall influences , which as they do beautifie and bespangle the world , so they do preserve it from returning to its first Chaos , and rude mass of matter ; nothing being more contrary to that unity , and harmony , which the God of nature hath moulded , and disposed all things at first in , then disorder , and confusion , in which , as there is nothing of a deity to be discerned , so nothing of peace or happiness can possibly be found . And notwithstanding all this , the world hath scarce known what the natural sweetness and true benefits of government are , but only as comparative and rather as opposite to Anarchy , then as advancing really and effectually the just liberties and freedoms of societies , or propagating the Commonwealth of mankind ; for what through the ignorance and sloath of the people , and the pride and ambition of Governors , the whole order and end of government hath been inverted , and subverted , upon all occasions ; and that which was made for the good of the whole , hath been so contracted , and circumscribed in one person , that the great and soveraign use , and end of it , by practise and custom , hath been rather to set up the pomp , and state of one man , and his Family , then to promote or propagate the profit and happiness of the Universe ; and whereas of right to its constitution , It should have a free Election as its originall , and common good for its end , and just and equall Laws for its rule ; it hath had usurpation for its Principle , and tyranny , and bondage for its medium , and end . As to this day we may see in the greatest part of the world , where all the liberties of millions of men of all sorts of conditions , and ranks , are buryed in the glory and splendor of one Family ; through which narrow channels , all honor and justice , all Law and reason are to run up and down the world . And whereas the goodness , and beauty of government consists in the harmonious temperature of power , and obedience , of authority , and liberty , it hath been quite otherwise inverted by practise , and made apparent to lie in the Majestie , and greatness of the Monarch , and the absolute subjection , and servitude of the people ; and the excellency , and sweetness of it rather to be seen in the presence-Chamber , and the magnificence , and grandeur of the Court , then in the Courts of Justice , and the rich and flourishing estate of the Kingdom , nothing being accounted more politicall , and glorious , then to have the Prince high , and the Subjects beggars ; and yet this Ceremoniall way of Government , hath took most place in the world , and got almost divine adoration , and hath thrust out all other forms of Government , ( equally sacred with it self , and most proportionable to the nature and benefits of societies , and the Fee-simple of all the liberties of the people ( which are as their bloud and spirits in their veins ) sold to maintain its State . Besides many causes , and grounds of this degeneration ( whereby so much misery hath overflowed the Nations of the world ) I find two , which at present are principally to be mentioned ; the first is the neglect of a right sence , and the often inculcating the originall , and end of government ; and the next a lineal succession , or continuation of government , by a natural and supposed heirship ; For want of the first , neither the people know their own rights , or how to maintain them ; or the Governour his use and end , nor how to keep himself within the just bounds , and limits of his creation ; for what between the stupidity , and ignorance of the people in not knowing their primitive priviledges , that they are the originall , and end of vernment ; and the pride , and ambition of men , when once they have got power , forget both how they came by it , and to what end they are distinguished from other men , government comes both to be usurped , and tyrannicall . Did the people but know that their choice and election is the foundation of just authority , & that none can rule over them but whom they appoint , they would not then be drawn into controversies and debates , whether it be treason in them to cast off a bad Governour , who have the only power of choosing a good one ; and on the other side , if Kings , and Princes ( for to reduce all to them who have been most guilty of the abuse of government ) had but the continuall sence of the root from whence they sprung , and the duties annexed to their Offices , they could not look on themselves as rulers , but tyrants when they acted for their own private Prerogative ▪ in distinction from , and contrarie to the liberties and freedoms of the people ; but these considerations have been by time and prescription worn out of the mind and memories of both , partly through continual insinuations of Court Maxims , and the spirit of bondage in the people , and by force and usurpation in the Magistrate , whereby it hath gone a long while for currant , that the people have no power , nor the Prince no account to give but to God , from whom they challenge an immediate title , as if Kings and Princes , all their names , and successions were let down from Heaven , in the same sheet that the beasts were in Peters vision , and had not their root in the earth as all other Magistrates besides . We have had much ado of late , but to beat off from these Royal notions , both by pens and swords , and yet still they have too strong a hold in most mens hearts , though to their own undoing . Whereas all men are equally born free , and naturaliz'd into all the priviledges of freedom and just liberty , no man can obtain a speciall power over any , but either ex pacto aut scelere , either by willing agreement , and consent , which is the right and just way of title , and most naturall , or by conquest , and usurpation , which is most exotick , and unjust ; for the original of Kingly power , in the Scripture , we all know it came in as an effect of the wantonness , and discontents of the Israelites , against that speciall way of government God himself had set over them ; And view the Character God gives to them of that government , and not a blessing he gives them with it ; for its rise among the heathens , and nations ( which knew not God ( among whom that government most prevail'd ; ) it was certainly first good , and grounded on the exorbitancies , and excess of other Magistrates , and a high opinion of the justice , and vertue of some particluar persons , as Cicero lib. offic. 2. excellently expresseth it ; Mihi quidem non apud Medos solum ( ut ait Herodotus ) sed etiam apud majores nostros , servandae justiciae causa videntur olim bene morati Reges constituti : nam cum premeretur initio multitudo ab iis qui majores opes habebant , ad unum aliquem confugiebant virtute praestantem . As if taking it for granted that among all nations that Preservation , and execution of justice , with injoyning of vertue , was the first ground of the constitution of Kings ; But they having got by their own goodness chief power and authority , use that favour they had gained from their own deserts , to advance their own family ; and having got in the affections of the people , through the sence of their own present worth , what by power and force , and what by policy and craft , got the same power entailed on their heirs , and so by custom have made succession the onely right , or at least the most just to Crowns , and Scepters . A principle which hath more hindred the advance of Government , and run it on more hazards and mischiefs then any other , where by a fatall Custom , people must be irreparably content with what they can finde , and reducing all to a blinde Fate , & Fortune , be he good , or prove bad , talis , qualis , give up both their own Wills and Liberties to such a succession , not only by a natural necessity , but a divine institution : How the world came to be so blinded , as thus to give away their Rights and Liberties , and morgage their understandings , and freedom , as bankrupts do their lands , is not to be determined , but by supposal of a judgement of God , and an over-reach of power and force , or by an Ignis fatuus of Policie and subtilty . For this naturall and hereditary succession ( which is now adored as the grand title ) if truly considered , is nothing else but a continuation of conquest , or a surprisall by the good nature of the people , when they have been either low , and in fear , and taking advantage of their high esteem of some eminent person , who hath been more then ordinary instrumentall to them , have got the people to convey the same honor to their posterity after them ; the peoples consent being thus ravished from them , It s made a law , both civil and divine to after generations ; but the world is now , or should be grown wise : Let us consider the nature and use of this succession , both in general , and particular , especially as it hath been acted in England . Among all the Catalogue of vanities which Solomon reckons up in his sacred retractations , there is none he puts such a character on , as for a man to spend his time and strength in getting of riches , and knows not who shall succeed him in the injoyment of the profit and good of his labour , or whether he may be a wise man or a fool ; But what a misery , and worse then vanity is this , that the supream power of Government ( in the right execution of which all the concernments of millions of men are interested ) should be intailed on one man , ( though never so deserving in his own person , ) and the heirs of his body , be he good or bad , a wise man , or very nigh a fool , and so all their happiness depend on hap and hazard from generation to generation ? It cannot be rationally or spiritually supposed , that any man should be born a Magistrate or Governor , especially not successively , when the best men , and most choise spirits , who have had the highest eminencies of vertue , and best improvement of education , and natural genius , are hardly fit for so great a work . If Kings have such a vis formativa in their loyns , as to beget Kings in the likeness of their Office , as children in the image of their natures , it must be necessarily supposed , that they must generate all these royall qualifications together with them , and by the same naturall necessity transfer all their princely endowments to them also . Whereas I had almost affirmed it , ( and I hope no man can account it either Heresie or Treason ) that God himself cannot intail on any particular line of mankinde , the power and authority of Government out of his wisdom , and love to their happiness ( without he meant to do it in judgement , and to plague the world ) and not give them sutable and successive qualifications also , fit for that emploiment ; It being Gods use ( according to his wisdom , and righteousness ) neither ordinarily nor extraordinarily to call out persons to any place , but he anoints them with proportionable gifts to it . And yet the poor people ( whom God hath naturally made free , and to make use of their own understandings and affections for their own good ) are by this succession , bound up from the improvement either of soul or body , fain to be content with what they can get for present , and to shift it out from age to age ( with the loss of all opportunities of choice ) only with what corrupt nature brings them forth , which oftentimes travels sorely in pain with the curse of the Fathers who begat these Governors . Hence also it comes to pass , that oftentimes children are made Kings , and though they are uncapable at present for the actuall exercise of that office , yet are proclaimed , as having the right , and title , and all things acted in their name , and the whole Commonwealth , it may be of many Nations , must wait for his capacity with fear and hope , which capacity is also at best to be judged by his years , rather then fitness or qualification for so high a trust ; and in the mean while the Kingdom must be governed by some Favorites of the last King , or some next kinsman to this ; and while the King is thus in pupillage , we may well ask , who governs the Kingdom ? And yet oftentimes it hath faln out , that their Government hath been better ordered in their nonage by others , then in their own by themselves , as appears especially in the raign of Henry the third , and Henry the sixth , Kings of England ; the first being but nine years old when his father died , the latter but nine moneths ; who while they were yong , and under the protection of certain wise and sober men , the Laws were administred uprightly , and with much Justice ; but when they themselves came to the years of Kingship , and Prerogative ▪ so Royalled , that both Laws & Liberties were soon altered and abolished , as anon the Reader shall have a more exact account ; And how sad is it , that when Government may be advanced as well , if not better by others in their minority , without their presence or influence , the world must be at such vast charges for a title , and to maintain it ere they can use it , and which is worst , that when they come to exercise it themselves , should make their title the ground of their Tyranny . But if it so happen ( for its a meer chance ) ▪ that the next heir prove somewhat more then ordinary capable , yet what the next may prove , who knows ? If he be an Infant , ( as it many times falls out ) then there must be patient and hopefull waitings , to see what he will be when grown up ; untill that , there can be no further progress made in the alteration or reformation of affairs , though of never so great , and present concernment ; and when he comes to these years which Custom pronounceth him capable , how unreasonable is it , that nothing can hinder , or exclude him from his Authority , but that he is incapable of being beg'd for a fool ? It being enough , if he can koow his own name , and be able to write himself Rex , though he knows little what belongs to the Office , or relation of a King . If he be one of riper years , and stature , on which this Su●●●ssion falls , then must all the observation of his nature , and the ominous , and more then Astrological aspects of his constitution , and education be forgotten ; and although silenced in his pretended title , and a full complyance looked after , though opprest with never so many fears , and secret wishes of a more hopefull Governour ; yea , and though he hath been never so active against the liberties of the people , when but a Prince , and given demonstrations what a Governor they may expect , yet his succession must be his qualification , and indemnity , and his Title his vertue . On this ground also it comes to pass , that oftentimes women come to hold the rains of government ; and to steer at the Helm , as wel as men ; for if there be any defect of the male line , the female succeeds ; and that feeble and weaker sex , whom God & nature have ordained to be onely particular helps , and good Subjects , ( only to keep up the name of a Family ) must be invested with the highest authority , over the choisest , and most select spirits of many Nations , and all further thoughts of bettering the State of things utterly extinguish'd by a female pretence . And which is most desperate by this succession , ( and its plea of the only and absolute right ) the fundamental liberties of the people are not onely insensibly undermined , but absolutely rooted up , and that birth-right priviledge of the people , their Election and choice , then which , they have nothing more naturall , and which is far more hereditary to them and theirs , then by all the Laws of God ▪ nature , and reason , Crowns can be to Kings and their heirs , is quite extinguished ; For pass by the first King , ( who it may be as with us it hath been , came in by Conquest ) you must go back in some Kingdoms five hundred , in others a thousand years , ere you can but recover the clear notion of a free election ( wherin the peoples power and priveledge is alone and peculiarly seen ) and yet that so faintly and hardly extorted from them , as great loans of mony from a cruel miser , without use or advantage ; and though Election must be acknowledged at last , the first just ground of government , yet custom in successions soon wears out its right , and transfers it on the next bloud ; And though in England it appears by the Coronation Oath , that there is even in succession a kind of election , yet it s so limited in the line , that it s as good as nothing , and so weak and implicitely manifested , that it s but a meer customary Ceremony , which always is pursued by the natural title , and onely used to deceive the people , and as a step to the further confirmation of a more fundamentall , and sure right ; and its easie to demonstrate it ; for our Kings soon forget it , ere they come from Westminster to Whitehall , or from the chair of Inauguration to the Presence Chamber . In a word , what gives all this ground of such an inevitable and successively insensible incroachment on the laws and liberties of Nations , but this lineall title , whereby the Son without remedy goes on where the Father left off , and by a divine pretence seiseth on what by nature is due to the meanest subject , as to himself ? And what makes the present Kings so daring , and venturous to raise their own prerogative , but this , that that they know there can be no alienation of the Crown from his heirs , and that they may make it better ( that is more tyrannicall ? ) but surer they cannot : And thus there is a constant hope , and possibility , by continuation and propagation of principles , and designs , backed with title , and authority , that what cannot be done in one Kings reign , may be done in the next , and so on ; For the minds of Princes are not usually contracted , or contented with present enjoyments ; especially if there be any restraint on their wills , or more of heighth , or advancement to be attained unto . Yea , this is one of the main reasons ( that in our times can be rendred ) why we have had such uneven actings , and such strange alterations in several Kings Raigns ; the principles , and laws , the people have been always the same , who are capable of small or no variation or change , but as higher , and supream influences move them , of which none hath been so powerfull as Princes , who as they are Stars of the first magnitude , so of the strongest operations ; and though the people be compared to the Sea , yet as the Sea , they have no turbulent motion of their own , but what is occasioned by violent and uncertain winds ; but the great change hath been by the temper , and actings of Princes , and commonly the next successor hath been the omen and fate of the times ; if any way good , then the Nation smiled , and his raign began the Spring ; if probable , there was hopes ; and yet both these at first promised , but at length frustrated ; and however the beginnings were , yet the succession of acts demonstrated how the title was created ; for untill they have made their succession sure , none have been more fair , and promising , but afterwards both Laws and Liberties , like favourites , have been advanced ad placitum ; and what they have got an interest in by nature , that by prerogative they have centred in their own proper persons , even the most fundamentall priviledges of the people , and have only granted Leases unto the people of their own inheritances , and dated them not for life ( which would have been too great a mercy ) but as long as the Royall pleasure lasts , which changes alwayes with advantages . Yea , by this succession Tyranny is so intailed , and all things so necessarily acted , as if the Prince were not onely the civil , but natural Parent of the people , and that Kings had begot the people as so many Bastards to obey , as they do beget one lawfully to raign over them . It s too well known , that good and wise men are the fewest of the sons of men , and are commonly pickt out here , and there , as rich pearls on the shoar of violent torrents ; but to expect in one Line , and Family , a succession of good , wise , and governing men , is almost as probable to Christians , as to expect Mahomets second coming among the Turks , after so many hundred years delusion ; and although it must be acknowledged , that there have been some good Kings , yet they have been so few , that as their names from the beginning of the world can hardly make up the Dominical letters in the Almanack , or possibly supply the Holydayes in the year , so a little goodness hath gon far , and at the best we shall finde it but comparative ; good Kings instead of better Governors , as some of the Roman Cesars , chose those to succeed them who were worse then themselves , that they might commend , and set off their own Raign , though tyrannicall enough in it self ; and we may without any passion demonstrate , that the design by succession hath been rather to keep up the Governors , and palliate their vices , then ever to maintain or highthen the glory , and splendor , or carry on the benefit of the Government it Self in the execution of good and righteous Laws . But to come nigher home , and leave generals ( granting Succession in it self to be a good title ) let us view without partiality , the succession of the Kings of England , whereby they plead their title to the Crown , and we shall find in our Histories , that nothing hath been more commonly interrupted , then a succession of the next Heir ; and for this seaven or eight hundred years ( if not more ) we have not had succession continued in any even line or just right , and no title was ever more broken , and unjust , then of our Kings , if they make a Lineall , and Hereditary succession the foundation of their right ; Let us look but a little back to those which preceded the Norman race , especially among the Saxons and Danes , the ancient competitors for the Government of this Nation , and it will appear , that the right Heir hath been commonly past by ; and Strangers or Usurpers preferred ; to go no further back then to Alfred King of the West Saxons , and the twenty fourth Monarch of the Englishmen ; as soon as he died , Athelstan his Bastard was preferred before his legitimate son Edmond , & after him got his own brother Edmond to succeed him ; and though this Edmond left two sons , Edwin , and Edgar , yet as he & his former brother had usurped the Goverment , so Edred his brother stept into the Throne , and put them by until he had finished his Raign , & then they took their turns ; Edwin first , and Edgar after him ; this Edgar had two wives , Ethelfled his first , and Elfrida the second : by the first he had issue , Edward , sirnamed the Martyr , who succeeded his father in title ; but having hardly felt the Crown warm , and fast on his head , was cruelly murthered , to make way for the second wives son Ethelred who succeeded him , as Daniel well expresseth it , whose entrance into his Raign was blood , the middle misery , and the end confusion ; and though he left his son Edmond , sirnamed Ironside , to succeed him , yet Canutus the Dane by compact got half of the Kingdom from him , and soon after the whole , setting up his Danish title , and murthering the two sons Edmund had left , with his brother Edwin , that no further pretence might be made by them of their title ; and now come the Danes to convey their title by ▪ Canutus ; and yet Harold his bastard gets the Crown before Hardicanute , who was his legitimate son ; and among these three Kings ( for the Government under the Danes continued but twenty six years , and only under these three was aone Usurper , & immediatly interrupted the right of succession . And the Danes Government being ended , which was but an intervall of conquest ) the Saxons regain their title ; and Edward , called the Confessor , the seventh son of Elthelred ( who came in with the murther of the right heir ) being kept as a reserve in Normandy ) is elected King , and the Saxons title now begins to revive , but soon it s extinguished , not onely by the Norman pretence ▪ but by the next successor , Harold the second , son to Goodwin , Earl of Kent , who came in with the expulsion of Edgar Athlings the proper successor . And with Harold ended the Saxon race , which had lasted about five hundred years , after the coming in of Hengist , and their Plantation in this Kingdom ; and yet you see what have been the titles successively of these former Kings , wherein the Line hath not onely been now and then through force and violence cut off and discontinued , but usurpation solemnized with as much ceremony as any natural pretence : but these Instances are but as representations of objects afar off , which may seem otherwise then they are ; we will go on and review the title of our Kings from William the Norman , Sirnamed the Conqueror , and by whom , not onely the line , but all the whole fram of Laws and Liberties were not onely curtail'd but changed ; for though in the raigns of the former Kings , every Conqueror made his impression , and drew his Picture in England , yet never was the whole Scene of State changed untill now , and a new Modell so peremptorily ( and without repeal ) introduced , as by him : The first jus , or right of his title ( the onely foundation of all the rest of our latter Kings ( we all know was by meer Conquest , which as it is a disseisin in Law , so an unjust title in Reason , and common to one as unto another : yet he though a Bastard , ( and so had less title to his Dukedom then to England which he won by the Sword ) made himself the principal of that divine Succession we now stand upon , and all our Kings have no other pretence then by the succession of his Sword ; and certainly , if the Fountain , and Head-Spring be corrupt , the stream cannot be Christall and pure ; and yet ( as Baron Thorpe declares in his Charge given at the Assizes holden at Yorke the twentieth of March , 1648. and now in Print ) of all these twenty four Kings , which have King'd it amongst us since that William , there are but seven of them that could pretend legalty to succeed their former predecessors , either by lineal , or collaterall title , ( and he might have contracted that number , and have been modest enough . ) But that the Reader may not be prejudiced , or wrap up his understanding in any expression , let him but follow the discents of the Kings of England in the line , ( and pardon the first strange and exotick way of right ) and he will discover , that as the first title was created by force , so the succession hath been continued by usurpation . Speed ( too Royall a Writer ) gives us a hint to go on upon in the Life of Henry the Fourth , page 746. ( asketh by way of Interrogation ) What right had Will , the Conqueror , the Father of all our glorious Tyrants ? What right ( we speak , saith he , of a right of equity ) had his son William Rufus , and Henry the first , while their elder brother lived ? and so he goes on . But to give a more particular account to the Reader , how ▪ every King came to his Crown , Let us begin with the first of the first . After that the first William , who laid the foundation of his right in the blood of the English , had left this world , as well as his Kingdom , great strivings there were who should succeed ; and though he left three sons , Robert , William , and Henry , yet could leave but one Heir , which was Robert ; yet William surnamed Rufus , gets the crown set on his head , notwithstanding the elder brothers title , and though Robert fights for his right , yet being too weak in the field , is fore't to a composition , on these terms that he should injoy it after his decease , if he hapned to survive ; and yet notwithstanding , Henry the youngest brother ( called Henry the first ) steps in , and makes use of his brothers absence to set up himself in his place ; and Robert yet surviving , he weares it in his stead , and however he strove to regain his right , he at last was fain to yield up , not only his title , but his person to Henry , who not only unjustly excluded him from the succession to the Kingdom , but cruelly put out his eyes that he might only feel his misery , and never see his remedy . The line male of the Conqueror is now extinct , as well as it was irregularly diverted ; as William got his right by his Sword , so all his successors maintained it in imitation of him , rather then by any legal pretence they could derive from him . But Henry the first ( though ▪ he had come in over the back of his elder brother ) that he might make more sure work for a succession , wanting issue male living , pitcheth on Maud his daughter , formerly married to the Emperor Henry the fourth , who left her a widow , and died without issue ; and having sworn all the Nobility ( especially Stephen ) to her , ordained her & her issue to be his successors in Englands ▪ Throne , and married her again to Jeoffrey Plantagenet , the son and heir apparent of Fulk , then Earl of Anjou , by whom she had three sons , Henry , Jeffrey , and William ; to Henry the Crown belonged as next heir after his mother ( by the usurped title of his father , ) yet Stephen , Earl of Mortain , and Bulloign , son to Adelincia the third daughter of William the Conqueror , by Maud his wife , ( notwithstanding his oath to the last King ) gets the Crown set on his own head , and excludes her , and her issue for the present ; yet after he died , Henry , called the second , sirnamed Shortmantle , though his mother was alive , enjoys it . This Henry had six sons , William , Henry Richard , Jeoffrey , Philip , John ; the two first dying , Richard the third son , the first of that name , Sirnamed Ceur de Lyon succeeded his father ; this Richard dying without issue , his yongest brother John usurps the Crown , notwithstanding Jeoffrey his elder brother had left a young son , named Arthur Plantaganet King of Brittain , who was heir apparant to the Crown ; and after he dyed , Henry his son the third of that name succeedes him , though Arthurs sister was then alive , ( though in prison ) who was next to the title ( such as it was ) ; after him Edward sirnamed Longshankes , called Edward the first , layes hold on the Crown and wore it with much majesty , and after him Edward the second his son goes on , but still on the old account , and on the ruine of the most proper heirs ; this Edward was deposed by the Parliament for his ill government as anon shall be more fully related ; and his son Edward the third of that name set up in his room ; after him followed Richard the second , son to the black Prince , who was also deposed , after whose dethroning , Henry called the fourth , son to John of Gant Duke of Lancaster , and uncle to the former King , snatcheth up the Crown , though of right it , was to discend to Edmund Mortimer , Earle of March , the son and heir of Lionel Duke of Clarence , the third son of Edward the third , and an elder brother of John Duke of Lancaster ; and thus we have nothing hitherto , but interruption , and usurpation ; and those which in their own reigns can pretend a divine title by succession , which must not be altered , can for their advantage put by the succession of the issue of others . But to go on , Here now began the bloody wars , and contests between the house of Lancaster , and York which made the world to ring of the misery of the civill wars of England , and all about a title , and neither of them ( if seriously weighed ) had a right title by succession , if the first title of their Ancestors were to be the originall ; But that custome might be the best right , he got in his son Henry , who was the fifth of that name , to succeed ; and his son Henry the sixt ( though an infant ) takes his place , untill Edward Duke of York overthrew his Army in the battle at Towton Field , and got him deposed , and was proclaimed King by the name of Edward the fourth , though the title had been carried on in the House of Lancaster thorow three discents ; thus favor , and fortune , not lineall succession alwayes gave the best title ; this Edward left two sons behind him , ( to maintain the succession of the House of York ) Edward and Richard Duke of York and five daughters . His eldest Son Edward who was the fifth of that name , succeeded him in claim , & title , but rather lived then raigned ( being an infant ) had never any actuall exercise of his government ; for Ric. Duke of Glocester , and Uncle to this Infant , and made his Protector , that he might set up himself , causeth both the young titular King , & his Brother , ( these two Royall Infants ) to be barbarously murthered in their beds , and so wears the Crown himself , by the name of Richard the Third , untill Henry Earl of Richmond ( a twigg of a Bastard of John of Gaunt ) by his valour at Bosworth field , having overthrown his Army , slew the Tyrant himself , and created by his sword ( for other he had none ) a new title to himself , and was Crowned King , by the name of Henry the Seventh , who , what by his power and by a marriage of the Lady Eliz. the eldest daughter of Ed. the Fourth , confirmed his succession , & from him do all our later Princes derive their Title , as Henry the Eighth , Edward the Sixth , Queen Mary , Queen Elizabeth , King James , and our last Tyrant Charls . This Henry , the foundation of our great ones , was himself but a private man , who as Speed says , had scarce any thing of a just title , or of a warrantable intention , but to remove an Usurper ; besides there were many naturall heirs of the house of York which were children of Edward the Fourth , and George Duke of Clarence , Richards elder brother , who had better right : but when once a title is made , it must be maintained , and if it can but get thorow two or three Successors , it s presently proclaimed to be jure divino , and pleaded as the onely just title and right . Thus you have a faithfull , and true account of the succession of our Norman Monarchs ; we can onely say we have had so many persons raigning , and as Kings of England ; but for a title by lineal succession , there is none , but what every man may make aswell as any man , and what is as proper to a stranger , as to an heir ; power , and favour , murther and deceit being the most common principles of the right of most of our Kings to their government over us . If it be asked , as Speed doth , What right had William the Conqueror ? then it must follow , What right had all the rest ? but supposing his right , What right had these , who so many times cut off the line , and made themselves the Stock of future succession ? and what misery is it that this broken and usurped title must still be forced on us , even by an Ecclesiasticall , and Divine Institution , who have now a way of redeeming our liberties , and bettering our conditions , and following the direct line of just and true titles , the Election and choice of the people ? Is not five or six hundred year enough for England to be under the succession of a Norman Bastard ( pardon the expression , its true though plain ) and to be sold with all its liberties , from usurpation to usurpation , as well as from generation to generation ? I need not be very zealous in application , the history is enough to make all wise men consider , by whom we have all this while been governed , and upon what terms ; How tyranny and usurpation comes to be adored , if it have but a royall name added to it . Shall the Parliament of England be now blamed for cutting off that race of usurpers and tyrants , and reducing affairs to their first naturall and right principle ; or will the people of England after all their experiences , centre their liberties and freedoms in a customary usurpation of succession , and lose their Common-wealth for the personall glory of a young Pretender ? especially , when they have fought against the Father , and cut him off as a Tyrant , endeavour to set up the Son to follow on both the first cause , and revenge , meerly because he was supposed to be proceeded of his polluted loyns : this blindness will be our misery , and endear us to a more perfect and more tyrannicall slavery then ever yet England felt . But to go on , the Reader hath seen what a line we have had in England , and how pure a title our Kings have had to their Crowns ; Le ts now but have patience to view their actings successively , and yet shortly , and we shall better guess of their right by their raigns ; for though one would think that they should endeavour to make good a bad title by a good raign , yet it hath been far otherwise ; every man having made his right by force , maintained it by tyranny ; and when they have gotten power , never remembered how , or to what end they attained it ; if we look back again , and make a new and strict survey of their severall actings in their Government , and go over every Kings head since Willam the Conqueror , we shall not much mistake if we pass by Turkie , Russia , the Moors , and yet call Englands Kings Tyrants , and their Subjects Slaves ; and however in the theory , and System it have been limited , and bounded by good and distinguishing Laws , yet in the exercise and practique part almost of every Kings Raign , we shall find it deserve as bad a name as others who are called most absolute ; for the Laws and Priviledges which this poor Nation hath enjoyed , as they have been but complementally granted for the most part , and with much design , so they have ever ( upon any occasion ) proved but weak and low hedges against the Spring-tides , and Land floods of the Prerogative of the Prince , which hath always gained more on the priviledges of the people , then ever the Sea by all its washing and beatings of its boysterous and unmerciful waves hath gained on the Land ; for if at any time the poor Commons ( through much strugling , and a good and present necessitous mood of the Prince ) have got off any present oppressions , and forced out the promise for enacting of any good and seasonable Laws : yet either the next advantage , or at least the next successor , hath been sure , either to silence , or diannul it , and incroached upon it ; and never was Priviledge or good Law enacted , or gained to the people , but by hard pressure of the Subject , and with a predominant ingredient of the Kings advantage , and still rather out of courtesie then right . We shall finde also that England for three or four hundred years together ( some lucida intervalla excepted ) hath been a stage of blood , and the astonishment of all Nations in civil wars , and that meerly , either for the clearing of the title to the Crown ( which yet at last was onely made lawfull by the prevailing power , and as soon made illegall when another side got the better ) or else by the Subject and Barons , taking up arms to defend themselves , and make Rampiers ( if possible ) against the inundation of Prerogative , and rather preserving , then obtaining any additions of liberties , and yet they were commonly defeated at last ; for if for the present by some eminent advantage , they got a little ground , they soon lost it again by royal stratagems , and were either forced , or complemented ▪ into their old miseries , with a worse remembrance of former actings . But to enter into the particulars of this sad Story : All men know ( or may ) the tyrannical domination of that first William , who behaved himself as a Conqueror indeed , and a most perfect tyrant ( since whom we have never had an English man , but one , who hath been naturalized by the succession of his Conquest as King of England ) he presently changed most of our Laws , especially those wherein the English liberties were most transparent , and preserved , and made new Laws , and those which he left , writ them all in French ; disweaponed all the Natives , sent the children of the best , and most faithful of the Nobility into Normandy as Hostages , and the most gallant of the English were transported by him into France to serve his wars , that he might extinguish their Families ; he advanced his Normans into all places of the Nation , and kept them as a guard over the English ; brought in the cruel Forrest Laws , and dispeopled for thirty miles together in Hampshire , pulling down many Towns , and Villages , with Churches , Chappels , and Gentlemens Houses , making it a Forrest for wilde beasts , ( which is ever since named the New Forrest , but was the old ensign of our misery and slavery ) he laid on innumerable taxes , and made Laws royal , very severe , and in an unknown Language , that the English offending might forfeit their states and lands to him , which they often did , through ignorance : But alas , what need I mention these ? who ever reads but our Histories , ( and the most favorable ▪ and fawning Royalist ) will see more then now can be expressed ; and yet here is the first fruits of our Kings and of their righteous title , whose succession hath been as much in tyranny after him , as in title : and yet we must , by a sacred obligation be bound to maintain with our blood , and lives , the branches of this rotten root , notwithstanding all the providential , and divine opportunities of casting off that miserable yoak which our forefathers , so sadly groaned under , and would have triumphed in the pouring out their blood ( which they shed freely , but to little purpose ) but to have foreseen their childrens children might have but the hopes of attaining to . But although William the first made sure his Conquest to his own person , yet by his tyranny he gave ground of designs , and hopes of recovery after his death , & therefore the people who but murmured and mourned in secret formerly , consider now their condition , and that Robert the right heir was wanting , and his second son endeavored to be set up , begin to capitulate , and repeat their former grievances , and to stand upon their terms , with the next Successors ; But William Rufus who longed for the Crown , and saw what advantage he had by his brothers absence , through the mediation of Lanke-Frank the Arch-bishop of Canterbury ( a man for his vertue and learning in great esteem with the people ) got himself to be accepted , and crowned King ( with exclusion of his elder brother ) by fair promises , and engagements to repeal his fathers Laws , and of promoting the liberties of the English ( any probability being then taking to the poor people . ) But no sooner had he got the Crown fastned on his head , ( and defeated his brother in battle ) but he forgat all his own promises , follows directly his fathers steps , grows excessive covetous , lays on intolerable taxes , and merciless exactions , returns their longings , and hopes after their just libertie into a sad bondage and slavery . The poor people having thus smarted for their credulity , & renewing their sense of their misery , under the two former tyrants , take heart once again , and refuse to admit any after his death , until ( as Judge Thorpe well expresseth it in that forementioned discourse ) they were cheated into a second election of Hen. the first , his youngest brother ; for the people standing for their Liberties ( and yet , alas , but negatively , rather to be freed from excess of oppression , then knowing what true freedom was ) having felt the misery of their loss in the two former persons ( shall I call them Kings ? ) Raign ; denied any consent to another person of that stock without solemn capitulations , and covenants to settle just Laws , and to ingage for the execution of them , with abrogation of all former mischievous and inconvenient ones , ( which Matthew Paris calls unworthily , a Politique , but trayterous way of capitulating . ) Whereupon Henry , who had nothing of title , made friends by his engagements , and Roberts absence in the Holy-land , and doth absolutely promise to begin all anew , constitute just laws , reform his Fathers , and brothers exorbitancies , and to be as a Nursing Father both to Church and State ; these fair insinuations got him the Crown , though Robert was to have it first by his own right , and next by his Brothers Covenant and Will . And that he might not seem altogether disproportionable to his engagement , the first action of his government was to bait the people , and sugar their subjection , as his predecessor in the like interposition had done , but with more moderation and advisedness ; but having once secured his title from his Brothers jus , and setled some affairs abroad , began much after the old strain , ( yet not altogether so violent ) yet these cruel and savage Laws of the forrest he revived , and put in execution , yea , urged as the most fundamentall Law of the Realm , and many sore in positions he levied ( which the people were not able to bear ; ) that these two sons , though they ended the direct line , yet they propagated their Fathers tyranny ; onely he got the throne by force ; they by subtilty , and delusive engagements ; and now the poor people , who had still been cozened , and are commonly passive , begin in the next Kings reign , ( viz. of Stephen , another Usurper ) to be active , and to struggle for their liberties more seriously and thorowly , and not contented with promises of abating former pressures , drew up the summ of their desires in a more exact method , and demand publikely the restoring and re-establishing of St. Edwards Laws ( for such a rarity was that former Prince , as they Canonized him a Saint ) which were many years before granted ▪ but by new and strange successions buried ; and Stephen , who came in odly to the Crown , and was continually in various motions to maintain it , confirmed all these laws , and to gain the people , ratified them by Parliament , the best security in these cases ; But soon after Prerogative ( like a Lion in chains ) breaks forth again with fuller rage , and devours all these grants , with the hopes , and expectations of the people ; for though in the two next Kings raigns these grants were not actually repeled , yet were laid by , and only wrapt up in parchments , and husht by the noise of Drums , and Trumpets . For Henry the Second , the next King , spent most of his time in cleering the controversie ▪ between Regnum & Sacerdotium , the Crown and the Mitre , as in setling his own Title both here , and in Normandy ▪ and Ireland ; a while he and Thomas Becket were standing in the special rights , and priviledges of the Church , and State , the liberties of the people were laid asleep , and certainly he hated the former grants , because made by Stephen , who had stoln the Crown both from his Mother , and himself ; the notablest story in this Kings reign ( setting by his warlike atchievements ) is , that after Becket had often foiled him in his authority , he was handsomly whipt by the Monks , in going to visit Beckets shrine , which was part of his pennance , for giving secret order to Assasinats to make him away ; And that he kept Rosamond as his Concubine , to the vexation of Elenor his Wife , who at last vented her revenge on her , having found her out in that intricate Labyrinth made on purpose for her at Woodstock , by the clew which Rosamond had carelesly untwisted . The next that laid claim to this Crown , was his son Richard the first , surnamed Ceur de Lion ( as before ) who was to be commended rather for his personal valour , in other Nations , then for any good done to this ; He began well in enlarging his Mother Elenor , whom his Father had imprisoned , because she could not abide his lascivious living with his wanton Paragon Rosamond , and advanced many persons by speciall favours ; yet these respects were more particular , then of any publike advantage to the State ; for out of a blind zeal in those times , after he had been in England but four months after his Coronation , he went into the Holy-land , against the Turks , leaving the Regency of the Kingdom to an Ecclesiasticall Person , William Longchampe , Bishop of Ely , who to please the King , and by speciall command , undid the people , and committed great exactions , and as Hoveden says , Clerum & populum opprimebat , confundens fasque nefasque did all as he listed , and little cared by what means he filled the Kings Coffers , and his own ; ( acting but by Proxie and in imitation of what his Master would have done , if at home ▪ & by many a private command ) as it afterwards proved ; for when Richard undertook this voyage , that he might not seem at first burthensom to the people when he left them , and to maintain both his design , and absence on their purses ( and so alienate their affections from him when at so great a distance , and give grounds to his Brother John to try an experiment for the title ) wifely sold much of his own estate to raise him monies , as the Castles of Berwick ▪ and Roxborough , to the King of Scots for ten thousand pounds , and the Lordship , and Earldom of Durham , to Hugh then Bishop of that See , for much mony , as also many Honors , Lordships , Mannors , Offices , Priviledges , Royalties , to many of the Nobles , and rich Commoners , whereby he furnished himself with a vast treasurie of mony for that service ; and that you may see what interest he and his companions think they have in his peoples goods ( however they dissemble it ) he often protested that he would sell his City of London ( as my Author saith ) to any that would by it , rather then be chargeable unto others ; but notwithstanding all this , as the people were sadly opprest in his absence by his Viceroy , so much more when he returned by himself ; for he then began to redeem his time , and to play Rex with a witness ; he fell presently to plunder all religious houses , laid on new and unheard of Taxes on the people , and resumed into his hands again all the Lordships , Mannors , Castles , &c. which he had sold to his subjects , and confirmed it by all the security they could have from man ; this is the misery of depending on royal promises , and engagements , which are usually nothing else but complementall engins to move up the peoples affections , while they more easily , and insensibly drain out their blood , and purses , this was the end of this Rough , and Lionlike King , who reigned nine years , and nine months , wherein he exacted and consumed more of this Kingdom then all his Predecessors from the Norman had done before him , and yet less deserved it then any , having neither lived here , nor left behind him monument of piety , or any publike work , or ever shewed love or care to this Common-wealth , but onely to get what he could from it ; we see hitherto what a race of Kings we have had , and what cause we have to glory in any thing but their Tombs ; and yet if we expect better afterwards , we shall be as much mistaken of their actings as they were of their right . The next that raigned ( though without any hereditary title ) was King John , Stephens Brother ; whose government was as unjust as his title , for he ( having by Election , out of fear and policy of State , got the Crown , with expulsion of Arthur the right heir ut supra ) embarked the State , and himself in these miserable incumberances , through his violence and oppression , as produced desperate effects , and made way to those great alterations in the government which followed ; the whole reign of this King was a perfect tyranny ; there is in History hardly one good word given him ; the Barons and Clergy continually opposed him , strugling for a confirmation of their long desired liberties , but were most commonly either cluded , or defeated by promises which were never intended to be performed , until at last being more entirely united with the Commons , and stoutly resolved and confirmed by an Oath , taken at St. Edmunds-Burie in a general Assembly , they then swore on the high Altar , never to lay down arms , if King John refused to confirm and restore unto them these liberties ( the rights which this Kingdom was formerly blest with , and which all the late Kings had cheated them of ) the King knowing their power , and considering their engagements , makes use of policy , and desired time to answer them , entertaining them with smooth and gentle language , and courtesie , untill he had got strength , and then he began anew to try experiments of securing himself , and frustrating their desires : But the Lords continuing their resolution , and knowing nothing was to be obtained but by strong hand , assemble themselves with a great Army at Stamford , from whence they marched towards the King , who was then at Oxford ; sent him a Schedule of their claimed liberties , with an Appendix of their absolute resolutions , in case of his denyal ; this Tyrant having heard them read , with much passion replies : Why do they not demand the Kingdom as wel ? and swore he would never grant these liberties , whereby himself should be made a servant ▪ The Barons upon his Answer being ( as Daniel saith ) as hasty as he was averse , resolve to seaze on his Castles , and Possessions ; and repairing to London , being welcomed by the Citizens , who had too long groaned under the same tyranny , they get a great access of strength by new confederates , and renew their spirits & oaths for the thorow prosecution of the war ; the King seeing himself in a strait , which by no ordinary strength he could evade , by gentle and teeming Messages sent to the Barons , he obtained a Conference in a Medow called Running-mead , between Windsor and Sta●es , where armed multitudes came from all places , crying nothing but Liberty , Liberty , so sweet was that tone to them then : After many hard Conferences , the King seeing it no time to dally , & that they would not trust him with any complemental expressions , whom they looked on as formerly perjured , grants their desires ; not only , saith Speed , for Liberties specified in Magna Charta & Charta Forrestae , but also for a kind of sway in the Government , by five and twenty selected Peers , who were to be as a check over the King , and his chief Justiciar , and all his Officers to whom any appeal might be made in case of breach of any article or priviledge confirmed by that Charter ; And now one would think the people were secure enough ; but though they seem now to have the livery , yet they had not the seisin ; for presently the King having got now credit by the largeness of his grants , gets liberty with less suspicion to undo all ; and in a short time ( pretending these grants to be acts of force ) having got power , renounceth his engagement by them , and afterwards repeals them , and dispoiled all these of their lands and possessions , who had any hand , or heart in procuring the former grants ; and by new , and additionall Laws made them more perfect slaves then ever they were before , untill at last he was poysoned by a Monk , instead of being deposed . But though he be dead , yet the miseries of this Nation ended not with him ; for his son Henry the third ; who succeeded him , though he could not at first follow on his Fathers designs , being an Infant , yet at last did not onely imitate , but outstrip him , yet the English Nation , ( who are much given to credulity , and apt to be won by fair and plausible promises , ) notwithstanding all the fathers iniquity , imbrace the son , having taken an oath of him to restore , and confirm the liberties they propounded to his father , which he had often granted , and as often broken ; but for all his first oath , they were fain , not onely to remember him of it , by petitions , but oftentimes by arms and strength . And though there was in this Kings Raign twenty one Parliaments called , and many great Subsidies granted , in confirmation of their liberties , yet every Parliament was no sooner dissolved , but the ingagement ceased ; a hint of two or three special Parliaments , and their success will not be amiss to be set down in this place . This King not being able to suppress the Barons and people by his own strength , ( they having gotten not onely heart , but power ) sends to forraign Nations for aid , and entertains Poictovines , Italians , Almains , Provincioes to subdue his own people , and set them in great places ; which dangerous and desperate design the Barons much resenting , raised their spirits , and ingaged them in opposition to his Government , and set them on with more courage to look after their liberties ; therefore they several times stand up against the violence of Prerogative ; but what through want of strength or caution they were commonly disappointed ; yet rather ( if we may speak truly ) from the unfaithfulness of the King then any other defect , except it were their easiness to believe Kings , when their Prerogative , and the peoples liberties came in competition ; for after they had many times got , or rather extorted many promises , and confirmed them by oaths , ( the best humane security ) they were put to new designs , through either the suspention , or breach of them , witness these Instances ; after many foiles ▪ and tedious and various delusions by this King ( whose beams attracted most , dazled others ) the Barons , and people ( who were then unanimous through mutual oppressions ) fall more close , and severe on their principles , and wil not endure either delays , or delusions , and therefore effectually to redress their grievances , came very well armed to a Parliament then holden at Oxford ( intended rather for getting Subsidies , then removing oppressions ) in which Assembly they put the King to it , urge their former complaints with more zeal and reason , and with an addition of a mighty Spirit , demand the absolute confirmation of Magna Charta , and in a larger edition ( wherein are comprised those gallant priviledges of the Commons of England , which have yet been but kept by Ink , and Parchment ) and not trusting the King , got his son , Prince Edward , to seal it , with an addition of twenty four ( some write twelve ) Peers which Fabian stiles the douze Peeres , not only to see these priviledges truly observed , but to be as joynt Regents with the King ; and all the Lords , and Bishops in Parliament took a like Oath , to maintain these Articles inviolable ; yea , and all that would have any benefit of residence in the Kingdom , were enjoyned to take the same ; But these were too strict bonds for such a Princes wil , he soon finding advantages ( as he sought them ) recals all , gets a dispensation from the Pope for his forced Oath and to countenance his perjurie ▪ and acts in the old account ; the Barons again stand up with the people stoutly for the performance of the Articles of Oxford ; and sometimes brought him into straits ; yea , fully ▪ defeated him in many bloody battles , and regained the confirmation of the same laws , with security ; that all the Castles throughout England should be delivered to the keeping of the Barons , that the provisions of Oxford be inviolably preserved , that all strangers should be dismist the Kingdom , but those which by generall consent should be thought fit to remain ; this necessitous act though as it gave the people some peace and hopes , so it gave the King time to consider of new mediums , and therefore still to delay , and blind , he Assembles a new Parliament at London , where having ( by the sprinkling of Court water ) won many Lords to take his part , begins to surprise as many of the Barons as he could get , and spoiled their Castles and Houses , that success and authority grows strong on his side , and the Barons with some calme provisoes mediate a peace , insisting onely in generall that the Articles of Oxford might be observed ; But the King relying on his strength , defies them as Traitors ; which done , the peoples two Generals , the Earls of Leicester and Glocester , seeing no other means but to put it to a day , supply their want of strength by their wit and diligence , and carefully and artificially placing their battel ( which was fought at the Town of Lewis in Sussex ) overthrew the Kings Army , took the King , the Prince , the Earl of Cornwal , and his son Henry , the Earls of Arundel , Hereford , with many other Lords , and Gentlemen , both English and Scottish . And now having the King , and Prince , and most of the Nobles , and a new confirmation of all , one would think the great Charter was out of danger , either of blotting or razing ; especially if we consider the solemnities formerly used in the ratification of it , ( as Daniel excellently relates it in his history , p. 169. ) The people knowing that no civil promises , or verbal professions would hold in Kings raptured by Prerogative ▪ & devoted to perjury to maintain their tyranny , take a more Ecclesiasticall and divine way of obligation , swearing to excommunicate all that should be found infringers of that Charter ; when the people with the King , and all the great Nobility were assembled with all the Prelates , and the chief Bishops in their reverent ornaments ( with burning Candles in their hands ) to receive that dreadfull sentence ; the King having one great Candle in his hand , gives it to a Prelate that stood by , saying , it becomes not me being no Priest to hold this Candle , my heart shall be a greater testimony ; and withall laid his hand spred on his breast all the while the sentence was pronouncing , which was Authoritato omnipotentis Dei , &c. which done , he caused the Charter of King John his Father to be read , and in the end having thrown away their Candles ( which lay smoaking on the ground ) they cryed out , so let them that incurre this sentence be extinct and stinck in Hell ; And the King with a loud voice said , As God help , I will , as I am a man , a Christian , a Knight , a King Crowned and Annointed , inviolably observe these things . Never were Laws saith he ( whose words express the thing most emphatically ) amongst men ( except those holy Commandments from the Mount ) established with more Majestie of Ceremony , to make them reverenced , and respected , then these were ; they wanted but thunder , and lightning from heaven , ( which likewise if prayers could have effected they would have had it ) to make the sentence ghastly , and hideous to the breakers of it ; the greatest security that could be given was an Oath ( the onely chain on earth besides love , to tye the conscience of a man , and humane societie together ) which should it not hold us , all the frame of Government must needs fall quite asunder ; yet so ( almost a miracle ( though over common among our Kings , saith Master Prin out of Mat. Paris ) the Parliament being thus dissolved ( by a sacred and most solemn conclusion ) the King presently studies how to infringe all the premises , his Parasites telling him the Pope could soon absolve him for a summ of mony , which afterwards the Pope did , and the King returned to his former oppressive courses with more violence , and hardness ; and taking advantage by the division of the Barons , two Generals , the Earls of Leicester and Glocester , the latter of which joyned with the young Prince Edward , and Sir Roger Mortimer the Kings wicked Counsellor , a new and potent Army is raised by them , against the Earl of Leicester ( who had the King prisoner ) and those which kept constant with him for the Peoples Liberties ; and he with the rest of the Barons , are overthrown ; and immediately after a Parliament is called , and all these laws and decrees made voyd ; and that Parliament held at Oxford , wherein all these Laws were first confirmed by him , called Insanum Parliamentum , the mad Parliament ; and all these Patents , Commissions or Instruments made to ratifie these Articles , were brought forth , and solemnly damned ; and so bright and resplendent did Prerogative break forth , that it was Proclaimed Treason in any but to speak or mention any of these Grants with the least approbation ; and because the City of London had engaged with the Barons and People as a principal part of the whole , he would needs have burnt the City , had not some wise and potent Favorites interposed , and yet they could hardly disswade him from that barbarous and impolitick wickednesse ; But what he spared in their houses , that he gott out of their purses , and made up all his losses with a thorough subjection of their persons , and suppression of their liberties . I need relate no more of this King , nor make observations , the Reader will be amazed at the repetition ; he at least 20 times gave his promise for the confirmation , & execution of these just decrees ( contained in Magna Charta ) and as many times was perjured , notwithstanding all the solemnities , both Civil , Moral , and Ecclesiastical , used in the acts of ratification ; this may learn us how to trust the most positive Engagements of Princes , which cross their own interest , and what to think of that word and promise they call Royall ; this King reigned fifty six years , the longest of any King of England : But we have had too much of the story of him , as he had too long a time to rule , considering his temper , and design . It s well if we can be wary for the future , and be more cautious then to trust the most promising and insinuating Princes with our liberties , and priviledges , which can be no longer expected to be preserved by them , then they may serve as footstools to advance them in the Throne of absolute Majesty , But no more of this King ; never were there more hard strivings and wrestlings between tyranny and liberty , with such bad success to the people ; I onely conclude his raign with the exhortation of the Psalmist , Psal. 146. 3. O put not your confidence in Princes , surely men of high degree are a lye . King Henry is by this time layd in his grave , and one would think Magna Charta buried with him ; His Son Edward , who was his right-hand in his wars against the Barons , and the principal Agent in their ruine , succeeds him in the throne ; and instead of lessening goes on and makes an higher improvement of that royalty which his Father left him ; having in his own person got the victory over the Peoples Libertyes in his Fathers time , and having wonne or worne out the greatest of those which opposed , and being long experienced in the world , so secured and advanced the Prerogative , that as one sayth , he seemed to be the first conqueror after the Conqueror that got the domination of this State in so absolute and eminent a manner , as by his government appears ; He layd unsupportable Taxes both on the Clergy and Laity , even unto Fiveteens and halfs of their Estates ▪ As for Tenths , that was comparatively accounted easy ; the Barons and People for a long time durst not move for removal of greivances , untill that the King ( being always in wars in France , Flanders , Wales and Scotland , and so needed continually vast sums of mony ) called a Parliament wherein he demanded a great treasure of mony from the People , that he might give them somewhat in lieu of their expences , confirmed the two great Charters on the Petition of the Barons and People , ( and so stopped their mouths ) and this he did as often as he had extraordinary occasions for mony ; But ( like all other royall promises ) they were performed by leasure . Never was Royalty more Majestick and glorious then in this Kings raign , and the people less able to oppose ; he was always so watchful and eager to enlarge his own power ; I shall end his raign also with what Daniel that impartiall and witty Historian saith of him , He was more for the greatness of the Kingdom then the quiet of it ; and never King before or since ( except our last Charls ) shed so much Christian bloud within this Isle of Britain , and was the cause of more in that following , and not one grain of benefit procured unto the people by all their expences on him , which was but to make themselves more perfect slayes . The next King was Edward the Second his Son , who though more vicious then the Father , yet not more tyrannicall ; he gave more advantage to the people thorough his lewd life and unmartiall nature , to seek the confirmation and establishment of Magna Charta , and other good Laws which were utterly supprest , and darkened in his Fathers reign . This Prince gave himself over to all wicked courses , and surrendred his Judgement , and the management of all affairs of State unto evill and corrupt Counsellors ; especially to one Peirce Gaveston , who had both his ear and heart , unto whom he was so much endeared , that he ventured the loss of Kingdom , and all the hearts of his Subjects for his company , and preservation ; and though the Barons had by often Petitions , and earnest sollicitations prevailed with the King to banish him , yet he soon after sent for him home , and laid him more nigh his bosom then before ; on this the Barons raise an army against the King ; and send him word , that unless he would observe the late Articles ( which they had formerly by much ▪ ado got him to sign in Parliament ) and put from him Pierce Gaveston , they would rise in Arms against him as a perjured Prince ; the King ( whom they found , was apt to be terrified ) yeilds again to his banishment , with this clause , that if he were found again within the Kingdom he should be condemned to death as an enemy of the State : All places were now dangerous to Gaveston ; both Ireland ( where he formerly was protected ) & France also too hot for him ; in this extremity , finding no security anywhere else , he again adventures on England , and puts himself once again into the Kings bosom ( a Sanctuary which he thought would not be polluted with blood ) and there he is received with as great joy as ever man could be ; the Lords with more violence prosecute their suite to the King for delivering up ▪ or removing him once more ; but to no purpose ; they therefore set forwards with an Army , say siege to the Castle wherein Gaveston was , took him , and notwithstanding the Kings earnest sollicitation for his life , they condemned him to the block , and took off his head ; this obstacle being removed out of the way , the Lords having now the better end of the staff make advantages of it for demanding the confirmation , and execution of all those Articles formerly granted , threatning the King , that if he would not consent to it , they would force him by a strong hand ; with this message they had their swords also drawn , and march towards London : A Parliament is called , where the King , after a submission by the Lords to him , for that act done against Gaveston , contrary to his consent , and will , grants the Articles and pardon to them . But the King goes on his old way , adheres to wicked counsel ( waving the grave advice of his Parliament ) and is ruled by the two Spencers , who acted with mighty strain of injustice , which caused the Lords again to take up arms , and stand for their Liberties , but are , through the revolt of some , and the treachery of others overthrown at Burton upon Trent , and two and twenty Noblemen , the greatest Peers in the Realm executed in several places for nothing but opposing his evil Counsellors ▪ this was the first blood of Nobility that ever was shed in this manner in England since William the first , which being so much , opened veines for more to follow ; and now the beam of power being turned , regality weighs down all . But by degrees , through the continuation of his ill government , whereby he daily lost the peoples hearts , the Lords get an Army , and take the King prisoner , and by generall consent in Parliament deposed him as a tyrant , and elected his son Edward the third to succeed , and his son was crowned before his eyes . Thus ended his raign , but not his life . Poor England which had laboured so long and successively under so many tyrants , and had contested so long with Royalty for their dearly purchased liberties , might now hopefully expect at least a dawning of Reformation , especially when they had got so much power as to depose Authority ; and began , as it were , on a new account ; and the truth is , affairs were now promising , and distempers seemed to wear away with the former Governor ; yet the condition of the Kingdom , had but a new face on it , and grievances were rather not aggravated or multiplied then any whit removed , and oppressions may be rather said to be changed from one shoulder to another then abolished . Prince Edward who succeeded , who was crowned in his fathers life , had observance enough to remember his fate , and was much warned by it , both to prevent and suppress insurrections , knowing by experience the full state of the controversie , and therefore began his Government very fairely , and with much applause ; onely to prevent factions , and sidings , he privately caused his father , the deposed King to be cruelly murdered , and so sate more securely , though with more guilt upon the Throne ; his raign was fifty years , & odd months , the longest next Hen. the third ; he spent most of his time in the wars of France to regain his titile to that Crown , which the poor Subject felt in their estate and families , and it was a happiness ( say some ) that he was so much abroad ; for when ever he came home , as he wanted money to supply his expences , so the people got ground to urge their Priviledges , & Magna Charta was at least twelve times ratified in this Kings Raign , and so often broken ; yet because he goes under the name of the best Prince that raigned so long , and so well , let the Reader take but an Instance or two concerning his engagements to perform the grand Charter . This King in the first Parliament made the fifteenth year of his raign , had granted the enacting of divers wholsom and seasonable Laws , which he willed and ingaged unto for him and his heirs , that they should be firmly kept , and remain inviolable for ever , for the ratification of Magna Charta , and other good Laws formerly enacted ; and that all the Officers of State , as Chancellor , Treasurer , Barons of the Exchequer , Judges , &c. should at that present in Parliament , and for ever after , take a solemn oath before their admission to their Offices , to keep and maintain the point of the great Charter , and the Charter of the Forrest , &c. But no sooner was the Parliament dissolved , but the very same year he publikely revoked these Statutes , pretending that they were contrary to the Laws and Customs of the Realm , and to his Prerogative and Rights Royal , &c. wherefore we are willing ( saith he ) providently to revoke these things we have so improvidently done ; because ( saith he ) marke the dissimulation of Princes even in Parliaments ) We never really consented to the making of such Statutes , but as then it behoved Vs , We dissembled in the Premises , by Protestations of revocation , if indeed they should proceed to secure the dangers , which by denying the same we feared to come , with many more such passages ; and yet this King is the Phoenix of our more antient Monarchs ; but the Reader may still learn what the best of our Princes have been , and what weak assurances any ingagements from them are where power is wanting from them , and advantages present to them . Another instance of his actings we may take up from the successe of his first siege of Tourney in France ; having laid on heavy and excessive taxes to maintain that war , and the people seeing no fruits of all promises for executing the Articles of Magna Charta , they refuse to pay any more , without more faithfull performance of his Vows , and solemn engagements to them , whereby he wanting mony was fain to quit the place , and return for England , full of revengefull thoughts , and in much fury breaths out destruction to all the refusers ; But the Arch-Bishop of Canterbury told him publikely , but plainly , that he had oftentimes as well as his Father offered manifest violences to the Liberties of the English Nation , comprehended in that grand Charter , and if he expected Subsidies , from the people , he must more carefully maintain their priviledges so justly due . But the King vexed with such language , both storms against the Arch-Bishop , and as much as possibly he then could , sought the ruine of all that had made any refusall of payment of these taxes , although he had not in any manner performed his own promises . Yet I will end his raign , because he hath a name of a good King . ( though as Speed saith , by the Generall vote of Historians , he committed many foul errors in his government ) with a good act he did at the fiftieth yeer of his age ( which he kept as his Jubilee ) he called a Parliament , and there freely heard the grievances of the people , and redressed many , especially a Petition of the Commons against the doublings of Lawyers ; he caused the pleas which were before in French to be made in English ; a necessary Law ( saith Speed ) if it had been as carefully observed ; especially if he had ordered ( saith he ) that the same should not have been written in French , That the Subject might understand the Law , by which he holds what he hath , and is to know what he doth . But all this is not for nothing ; for as he imparted grace unto his people ( saith the same Auther ) for so all acts of Justice are termed , wh●n granted by Kings , so he took a care to replenish his own purse by it , that the poor Commons obtain not any thing which they pay not too dearly for . Here ends the Life of the best reputed Prince ; and yet you see wherein his excellency lay ; the best happiness the people had in his raign , was ▪ that they had more engagements for their liberties with more cost , and the remembrances and sense of the goodness of them more fresh and sweet by the often repetition of them ; but for execution or addition to them , they were as far to seek as in former times . And if it do possibly happen that in one Kings raign either through the goodness of his nature , or rather want of advantages , there be an intermission of oppressions , ( for that is the utmost to be expected ) yet the next King will be sure to make it up , and if they give the people a little breath , it s but that they may sow for the next to reap , or as they do with men on the rack , let them down , and give them cordials , and spiritfull liquors , that they may be the longer and more sensibly tormented ; which was made good in the next Kings raign , viz. Richard the Second , who presently dashes and utterly nips these blossoms that sprung out in the former Kings raign , devoting himself to all uncivill and lewd courses , and to enable him the better unto it , layes on sad and miserable taxes on the people without so much as a mention or hint of their liberties , and as the parallel of Edward the second , both lived and died ; It s enough to decypher his raign by his end ; for he was deposed by the universal consent of the people in Parliament as a tyrannical , and cruel Governor , and not a good word spoken of him to commend him in his Government , and its pitty to aggravate his misery after his death , and yet ( as we say ) Seldom comes a better ; when one is cut off , another like the Hidra's head springs up in his place . Henry the fourth who overthrew him in battel , and was made King in his stead ( though by a wrong title ) at first promised the new modelling of Laws to the peoples ease , and did , as in a complement ( rather to secure his title , then out of affection to the people , or sense of his relation ) redress many grievances , which were more gross and less concerning the Common-wealth ; and as he did strive by these common acts to engage the people to him , so ( as one that had continuall sence of guilt on him ) he got the deposed King to be barbarously murthered in the Castle of Pomfret , that no competition might endanger his title by his life ; He spent most of his raign incontinuall wars about his title , and was often opposed as both a Tyrant and Usurper ; but he still got ground on both the liberties and laws formerly granted ; yet not so sensibly as in the former Kings raigns , that the people may be said to have a little respite from the violence & heighth of Prerogative by him ; but they may thank the unjustness , and brittleness of his title , for that he being more in fear of of loosing it , then out of love with the excess of his ancestors . I shall only add one story to conclude this Kings raign , which is universally reported by most of our Historians , worth observation , because it hath much of ingenuity in it , and because they were his dying words ; Being cast into an Apoplexie , and nigh his end , he caused his Crown to be placed by him on his Pillow , least in the extremity of his sickness it might have been delivered to some other , who had better right thereunto then he had ; But when his attendants , ( through the violence of his distemper , supposed him to be dead , the young Prince of Wales seised on his Crown , whereat the King started up raising himself on his arms , demanded who it was that had so boldly taken away the Crown ? the Prince answered that it was he ; the King fell back into his bed , and fetching a deep sigh , and sending forth many a pensive groan , replyes thus ; my son , what right I had to this Crown ; and how I have enjoyed it , God knows , and the world hath seen ; But the Prince , ( ambitious enough of a Diadem ) answered him thus ; Comfort your self in God ( good Father ) ; the Crown you have ; and if you die , I will have jt and keep it with my Sword as you have done ; and so he did soon after , maintaining his Fathers injustice by his own . And now comes up his Son Henry the Fifth as the next heir , who though while a Prince was given to many wicked practises , yet when a King , became moderate , and hath better commendation then most of his Ancestors ; the people had two advantages and comforts by him ; first , that his reign was short , and that he was much imployed in the war with France for regaining a title to that Crown , which he accomplished , and so they were free of Civil wars ; though they had still heavie taxes , yet they thought it better to pay for maintaining war abroad then at home ; and truly , the people thought themselves very happy in this Kings reign , ( though their priviledges were laid asleep ) that they had a little breathing time from Domestick and Civil wars , and had hopes to regain by degrees a reviving of their Spirits . But the next King , Henry the sixth , makes up what was wanting of Tyranny and Oppression in his fathers raign . He was Crowned King about the eighth or ninth moneth of his age , and so had not present oppertunity to shew his royalty . Until he came to age , the Kingdom was well governed by his three Uncles , Humphrey , Duke of Glocester , John Duke of Bedford , Thomas Duke of Excester , who by their wisdom and justice , kept up the flourishing estate of the English Nation ; but when his years of nonage were expired , and he came to weld the Scepter with his own hands , ( what as some favorably think out of weakness , for he was no Solomon ) all things went presently out of order , and Prerogative breaks forth beyond bounds ; which gave occasion to Edward Duke of York to try conclusions for his title against the House of Lancaster , and making use of the discontents of the people through his evil Government , opposed him , and afterwards deposed him , and raigned in his stead by the name of Edward the Fourth , and so by Conquest he got the title to run through the House of York , having cut it off by his Sword from the house of Lancaster ; notwithstanding actuall possession of three descents , many overtures of war were yet between them ; for Henry was not yet dead , though for the present outed ; but as a dying man strove for life , but being quite overthrown was imprisoned , and afterwards murthered to secure the Title ; there was in these two Kings raign but meerly for a title fought ten bloudy Battles , besides all lesser skirmishes , wherein many thousands of Lords , Gentlemen , and Commons were slain , and yet not one jot of advantage gotten by it for the peoples liberties ; It being the misery and folly of the people to venture all they have , to set up those over them who afterwards prove most tyranni call , and to sow seeds of future misery , by spilling their bloods for a usurped title . In this Kings reign , as in the former , the whole land was miserably rent by unnaturall divisions against his title , and government ; and though neither or these two had a just title ( if we will begin from the root ) yet all the bloud of the Nation is thought too little to be spilt to maintain their pretences ; yet we may not reckon this King among the worst , had it not faln out that his title must be kept up with expence of so much blood and ruin of the English Nation ; yet in his last five yeers , he laid on such extraordinary taxes , and changed the form of Laws , that he lost the love of all his Subjects . For Edward the Fifth his Son , who succeeded him in title , we need but mention him , for he had but the name of a King ( being an Infant ) and his reign may wel be called an Inter-regnum , for ere he came to know what government was , he was cruelly murthered with his Infant Brother , by his Uncle Rich. Duke of Glocester , who reigned both for him , and afterwards for himself by the name of Richard the Third , a bloody and cruel man , rather a monster then a Prince , his name stincks in the English dialect ; the shortness of his reign was the happiness of the people ; for after three yeers usurpation , he was slain in the field by the Earl of Richmond , who by his valour , more then his Title got the Crown by the name of Henry the Seventh ; this was the best act that was done by him , in easing the Kingdom of such a viper . In his reign ( who is the first root of our Kings since ) the people had more hopes then benefits , and were rejoyced and made happy more by expectations , then enjoyments of any reall priviledge , or liberty . For though he took all the ways to secure his title by his marriage with the Lady Elizabeth daughter to Edward the Fourth , yet many stratagems were laid to disturbe his peace , which put him on acts of policy , and diligence , ( which he excellently demonstrated ) to free and extricate himself out of dangers and designs ; many sad divisions were stil in the Kingdom , all men were not pleased either with his title or government , and that they might but disturbe him , or hazard his Crown , they made Stage Kings , drest up pretty lads in Princely robes , and carried them up and down the Kingdom as puppets for the people to gaze one , and admire ; all this while King Henry had not time to advance his prerogative , while he was but securing his Title ; but after he had done that , and now began to look on himself as free from either forraign or home competitors , and the coast of State seeming cleer from all thickning weather , he thinks of redeeming what he had lost by factions , and imployes his wit for bringing down the height of the English Nation , and plucking down their courage , and was especially ( saith one ) jealous over his Nobility , as remembring how himself was set up ; and how much more did this humor encrease in him after he had conflicted with such idols and counterfeits as Lambert Simnel & Perkin Warbeck ? the strangeness of which dangers made him think nothing safe ; and thinking that the riches of the English occasioned their rebellions , he took a course to empty their Coffers into his ; and the plot whereby he meant to effect it was by taking the advantage of the breach of penal Laws , which he both found , and made for that purpose ; his Instruments which for this work were pickt , and qualified sufficiently , were Sir Richard Empson , and Edmund Dudley , men learned in the Law , and of desperate and subtle heads , and forward in executing the Kings commands ; these two attended by troops of base Informers , Promoters , Catchpoles , Cheaters , Knights of the Post &c. went up and down the Kingdom , cruelly polled and taxed all sorts of people , and prosecute in every Shire the most deserving and generous men , that the Kingdom in a little time was more beggard , then by most of the former Civil wars ; and all this done by the Kings speciall command , and countenance , that we may see what was the reason he began not sooner to play Rex ; want of opportunity , and fear of loosing his Crown while he was advancing it ; but the latter end of his raign was too soon , and too long for such actings . This King ends his raign with the greatest acts of tyranny ; he made himself a rich King by beggaring his Subjects ; after he had freed his own person out of danger ▪ he imploys all his wits to enslave the English ; the fruits both of his title and tyranny we have felt ever sence in these that followed him . His son Henry the eighth of that name , succeeds him ; in his first beginnings he seemed to be tenderly affected to the Common-wealth , and redressed many grievances , especially those which were laid on by his father , and executed by Empson and Dudley , doing Justice on them for their cruelty and oppression . But those affections were too good , and too violent to last long ; the sound of Drums and Trumpets soon quasht them , and many encroachments grew on the peoples Liberties ; many tempestuous storms and controversies there were in this Kings raign ; but they were more Ecclesiastical then Civil , and so more dangerous and strong . In a word , he was accounted a better Souldier then a Governor , and more fit for a General then a King to govern by just and equal Laws ; the best act he did , was the discovery of the wickedness of the Clergy , and casting off the Popes Supremacy , which yet he took to himself , and annexed it to his own Crown ; as the most of his raign was ful of controversies and tempests , so all affairs were managed in a ranting and turbulent maner , not with that gravity & soberness as becomes civil and prudentiall transactions ; he was very lascivious , and delighted much in variety , and changes of Laws , as wives ; he oftentimes much pleased himself to be in the company , and was over-familiar with swaggering and loose fellows ; and the people ever and anon found the power of his Prerogative at home , as his enemies did of his Sword abroad . Edward the sixth his onely son succeeds him , a Prince that was too good to live long , the Phoenix of English Kings , had he had time to prosecute his intentions and mature his genius ; but the Sun in him did shine too bright in the morning ; God gave England onely the representation of a good King , but would not in judgement let us be blest long with him ; Religion began to revive , Liberty to bud forth , the people to peep out of their graves of slavery and bondage , and to have their blood fresh and blushing in their cheeks ; but all is presently blasted by his death , and the people ( who have seldom more then hopes for their comforts ) are now fainting for fear ; England is benighted ; and hung with black ; Queen Mary that Alecto , and fury of women succeeds ; and now both souls and bodies of the people are enslaved , and nothing but bone fires made of the flesh and bones of the best Christians : But it s too much to name her in the English tongue ; Queen Elizabeth succeedes her , who being prepared for the Crown by suffering , came in a most seasonable time , both for her self and the people , who were made fuel for the flames of her sisters devotion . And now England begins to flourish again , and to recover its strength ; many inlargements were granted , both to the consciences , and estates of the people ; yet if we speak impartially , we were kept further off Rome , then royalty ; yet doubtless she may be Chronicled for the best Princess , and her raign the most even , and best mannaged , with more fruits to the people then any of the former Kings , especially if we consider how long she governed this Nation ; I end her raign with this Character , That she was the best Queen that ever England had , and the glory of her Sexe to all Ages . The English Line is now ended ; we must go into Scotland to seek for a King , because a daughter of Henry the seventh was married to James the fourth , King of Scotland ; but I will not question his title . King James the sixth of Scotland , and first of England , succeeded on the English Throne ; A Prince that had many advantages to set up Prerogative , which he improved ; he was too timorous to act , but most subtile in Councel and designs , and no King did more insensibly and closely undermine the Liberties of England then himself ; he gave us cause to remember from whence he came ; but his peaceable raign was the rail to his design , and did choak suspition ; we were brought by him very nigh Rome and Spain , and yet knew it not ; he had an inveterate hatred against Puritans , as he had a fear of Papists , and made more of Bishops then ordinary by remembrance of the Scots Presbytery ; He had as much of Royalty in his Eye as any Prince could have , but had not so much courage to prosecute it ; the Puritan alwayes lay in his Spleen , the Papist on his Lungs , that he durst not , that he could not breath so clearely and strongly against them ; but the Bishops lay in his heart . I will not rip up his personal failings after his death ; he was the most profane King for oaths and blasphemies that England had besides , &c. He now grows old ▪ and was judged only fit to lay the Plot , but not to execute it ; the design being now ripe , and his person and life the only obstacle and Remora to the next Instrument , he is conveyed away suddenly into another world , as his son Henry was , because thought unsuteable to the Plot , it being too long to waite , untill Nature and Distemper had done the deed . We are now come to our last Charls ( who is like to end both that race and its tyranny ) the perfect Idea of all the rest , and the most zealous prosecutor of the designs of all his ancestors , who , if Divine Providence had not miraculously prevented , had accomplished the utmost of their intentions , and for ever darkned the glory of the English Sun ; so much I must say of him , that he got more wisedom by action , then could possibly be expected by his nature ; experience that teacheth fools , made him wise ; he endeavoured to act what others designed ; he dissembled as long as he could , and used all parties to the utmost ; But his zeal and hardiness brought him to his death . He needed no physick for his body , had he remembred his soul . But what need I mention him ? he is the last of English Monarchs , and the most absolute monument of Monarchy , and example of tyranny and injustice that ever was known in England ; he would have been what other Kings are , and endeavoured to attain what others would be ; he lived an enemy to the Common-wealth , and died a martyr to Prerogative . Thus you have seen a faithfull representation of the Norman race , under which we have groaned for about six hundred years ; the first Title made onely by the Invasion and Conquest of a Stranger and Bastard , continued by usurpation and tyranny , that take away but two or three persons out of the list ( and yet these bad enough if we consider all things ) and all this while England neither had a right heir , or good King to govern it ; and yet by delusion and deceit we must be bound to maintain that Title as Sacred and Divine , which in the beginning was extorted and usurping ▪ as if gray hairs could adde reverence to injustice . England hath now an advantage more then all its Ancestors , of freeing it self from this successive slavery , and interrupting that bloody line , and after an apprentiship to bondage for so many hundred yeers , Providence hath given us our own choice ; If we take it we are made ; if not , the old judgement of God lies on us for our stupidity , and blindness . For my part , as I do not give much to that Monkish Prophecy from Henry the Seventh times ; Mars , Puer , Alecto , Virgo , Vulpes , Leo , Nullus ( yet I wonder how the Devil could foresee so far off , and must needs say that it hath yet been literally fulfilled ▪ both in the Characters of the persons , and the issue ) yet I must so far give way to the power of divine actings on my faith , as to think that either we shall never have a King more , or else we shall have one sent of God in wrath , as the Israelites had , seeing we are not contented that way which God hath from Heaven led us to . As for the Title of this Prince ( who would fain be accounted the right heir ) Let us but remember from whence he had it , and how it s now tainted ; were it never so just , the Treason of the Father hath cut off the Son ; and how unwise an act , besides all other considerations , will it be for England to set up the Son to propagate both his Fathers design , and death . We may prophecy soon what a Governor he is like to be which hath both suck't in his Fathers principles , and his Mothers milk ; who hath been bred up under the wings of Popery and Episcopacy , and doubtless suckt both brests ; one who was engaged from the beginning in the last war against this Parliament , who hath the same Counsellors his Father had , to remember him both of the design , and the best wayes of effecting it ; one who hath never yet given any testimony of hopefullness to this Nation ; who was in Armes when a Subject , against the Libertyes which England and Scotland spilt much blood for to maintain ; one who hath both his Fathers and his own scores to cleer , and is fain to make use of all Medium's , though never so contrary , attended with all the crew of Malignants of three Nations ; who is so relatively and personally engaged , that both old and new reckonings are expected to be payd only by him . To his Father He is endebted for His Crown , and bound to pay His Debts , both Ecclesiastical and Civil ( which will amount to no small summe ) ; To the Papists He is engaged for their old affections , and hopes of new , besides the obligation of duty to his Mother , and freeing her from her Monastry and Hermitage . To the Prince of Orange he owes more then his ransom , besides the States courtesies ; to Ireland he is in more arrears then his Kingdom of Scotland will be able to pay , and to Scotland for his entertainment and enstalment more then England ( for present or in many years ) can repay without a morgage , or community of lands , and liberties , besides what he owes England for helping his Father to make the Parliament spend so many millions of treasure , besides blood ( which would have weighed down all expences besides ) and helping as a prime Agent the utter destruction of England ; all which must be reckoned for with much seriousness ; and if men have so much charity and generousness to forgive all , yet we have a reckoning with heaven to be discharged , which debt is yet unpaid ( without we think the Fathers blood be sufficient satisfaction to divine Justice ) ; and if that death should be a satisfaction for himself , yet not for his Son , who joyned with him , & now continues the same fault , and guilt , and intends to follow on with more violence and intention then ever . Can we think ( & retain our memories and reasons ) that Charls the Second can forget Charls the First ? that custom and education can easily be altered ? that the true and reall engagers with him and his Father , shall be razed out of his heart , or that he can heartily love his opposers , but as he may make use them : or that when some Banks and Rocks are out of the way , the waters and floods of Royalty will not run in its wonted Channel ? will Episcopacy dye in England , when Kingship is set up ? Can reason think or dream , that Majesty will not eat out sincerity ? or that Presbytery can flourish in that state where Prerogative is the ascendant ? or is that person fit to be the medium of peace , and the glory of this Nation , who was the conjunct instrument of the war , & the survivor both of the war and peace ? a person that durst not stay in his own Nation to plead his right , because of his guilt , whose youth and wilfulness is most unapt for the setling the storms and tempests of a distracted Nation . But no more untill we feel the misery of such an attempt ; It was said of Tiberius Caesar in a Satyricall expression , yet it proved true , Regnabit sanguine multo Ad regnum quisquis venit ab exilio , Who first exil'd is after Crown'd , His reign with blood will much abound . When this poor Nation ( after all neglects of providences ) hath spent its blood and treasure to set up this Prince in the Throne , ( which it may be they shall never effect ) yet at the last they must stand to his courtesy for all their Liberties , which they can never expect , and make him a Monarch . The patience and long suffering of God hath permitted usurpation and tyranny in England this long time for the hardness of our hearts , and sottishness of our natures , and it may be , may lengthen it out to the utmost , which will be a misery with a witness , and yet a just punishment of God on those who were born free , but will sell away their inheritances for nothing to a stranger . Did ever King since the world began ( seting aside some who were Priests and Prophets also ) naturally , and ingenuously , with a royall affection devote himself to the propagating of the pure and reall liberties of the people ? Let him be shown forth as a miracle ; but that ever any one that hath been all his dayes , both in the Fathers time , and his own engaged in wars against the Liberties of the people , ( solemnly proclaimed in Parliament ) and to set up Prerogative , either intended or managed his raign that way ( how ever he was brought into his Government ) I durst affirm to be a Paradox , and the utmost contradiction ; I am sure it s as impossible to be fouud in England as the Philosophers Stone among the Peripatecicks . But a word more to the Title , between the now present Power , and this Charls ; what reason is there , and equity , that the Parliament of England ( take them in what qualification you will ( following to the utmost the first principles for the liberty of the people ) should not be esteemed as just heirs , and their Parliamentary successors as this young Confident ? shal William the Norman , ( only having a better Sword ) a stranger , one who by nature was never born heir of any thing , create himself a title to Enland , and a succession for many score of years , meerly on that account ? and shall every one after him break the line as they please , and take their opportunities to make themselves roots of Kings , though springing in the Wilderness ? Shall Henry the Seventh ( the Father of us all ) who was little less then a Bastard , being the son of an illegitimate son of John a Gaunt , a forraigner , and private man , by fortune and power give himself a title to this Crown , and all our Kings since acknowledging Right by that Root ? Must those Pretences be Sacred which have only the Ordination of a more keen and glittering sword ? and a confirmation by Custome be thus Divine ? and shall not the Parliament of England ( cloathed with the Authority of all the People , and carrying all the Libertyes of England with them ) backt with the power of a faythfull Army , be thought ( in the utmost Criticisme of reason ) to have as much title to propagate their Successe for our freedoms , as they have had to convey both their usurpation and tyranny ? that a private claym by a better Sword should be jure Divino ; and a publique Title both by reason , success , and providence of a solemn Assembly , who have been many years opposing the former oppressions , and now have gained it , should not be accounted valid , nor of equall right with a successive illegall claim ? Let all the world be judge ( who consider the premises ) and let the violentest reason unroyalis'd speak its utmost . It is high time now to end that line that was never either well begun , or directly continued ; Charls the Father is gone to his own place , and so is Charls the Son likewise , he being in his own proper Nation , Scotland ; Let us keep him there if we be wise , and intend to be happy , and let England disdain to be under the domination any more of any forraign power for the future ; and seeing we have conquered the Conqueror , and got the possession of the true English title , by justice , and gallantry ; Let us not lose it again , by any pretence of a particular , and debauched person . FINIS . Notes, typically marginal, from the original text Notes for div A56345e-480 Dan. Hist. p. 14. Speed . Speed . William Rufus . Dan. life of Henry the first . Dun. Pryn. Mat. Paris p. 961 Dan. Hist. p. 179. Mat. Paris , p. 8 , 9. Master Prin , the Parliaments interest in the Militia , second part , p. 38. 39. Sir Francis Bacon . Martin . Suet. lib : 3. c. 59. 
A52522	----	Wonderful predictions of Nostredamus, Grebner, David Pareus, and Antonius Torquatus wherein the grandeur of Their present Majesties, the happiness of England, and downfall of France and Rome, are plainly delineated : with a large preface, shewing, that the crown of England has been not obscurely foretold to Their Majesties William III and Mary, late Prince and Princess of Orange, and that the people of this ancient monarchy have duly contributed thereunto, in the present assembly of Lords and Commons, notwithstanding the objections of men and different extremes. Atwood, William, d. 1705? 1689 Approx. 233 KB of XML-encoded text transcribed from 37 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A52522 Wing N1401 ESTC R261 12495770 ocm 12495770 62495 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A52522) Transcribed from: (Early English Books Online ; image set 62495) Images scanned from microfilm: (Early English books, 1641-1700 ; 769:43) Wonderful predictions of Nostredamus, Grebner, David Pareus, and Antonius Torquatus wherein the grandeur of Their present Majesties, the happiness of England, and downfall of France and Rome, are plainly delineated : with a large preface, shewing, that the crown of England has been not obscurely foretold to Their Majesties William III and Mary, late Prince and Princess of Orange, and that the people of this ancient monarchy have duly contributed thereunto, in the present assembly of Lords and Commons, notwithstanding the objections of men and different extremes. Atwood, William, d. 1705? Grebner, Ezekiel. Nostradamus, 1503-1566. Pareus, David, 1548-1622. Torquato, Antonio, 15th cent. [44], 27, [1] p. Printed for J. Robinson ..., T. Fox ..., and M. Wotton ..., London : 1689. Includes bibliographical references. Advertisement: p. [1] at end. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Prophecies. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2008-01 Judith Siefring Sampled and proofread 2008-01 Judith Siefring Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion WONDERFUL PREDICTIONS OF NOSTREDAMUS , GREBNER , DAVID PAREUS , and ANTONIUS TORQUATUS . Wherein the GRANDEUR of Their Present Majesties , THE HAPPINESS of ENGLAND , AND DOWNFALL of FRANCE and ROME , Are plainly Delineated . WITH A LARGE PREFACE , SHEWING , That the CROWN of ENGLAND has been not obscurely foretold to Their MAJESTIES WILLIAM III. and MARY , late PRINCE and PRINCESS of ORANGE ; And that the People of this ANCIENT MONARCHY have duly Contributed thereunto , in the Present ASSEMBLY of LORDS and COMMONS : notwithstanding the Objetions of Men of different Extremes . LONDON , Printed for J. Robinson at the Golden Lion in St. Paul's Church-yard , T. Fox in Westminster-hall , and M. Wotton at the Three Daggers in Fleet-street . 1689. To the Right Honourable CHARLES Earl of MACCLESFIELD , LORD PRESIDENT of WALES , And one of His MAJESTY's Most Honourable PRIVY-COUNCIL . MY LORD , SINCE the Great Grotius and Sir Matthew Hales , sometimes softned their severer Studies with Verse ; I hope Your Lordship will not think a plain English Preface the more unworthy of Your Patronage , because of the Rhimes that follow it . Certainly we are bound by the most Sacred Ties , to use all Means in our Power for the Preservation of the present Government , with which the Protestant Religion throughout Christendom may expect to flourish or fail , as to its visibility . And as Your Lordship's Sword is ready , under our Glorious King WILLIAM , again to do Wonders , whenever this Noble Cause shall draw it ; permit me in the mean while , under Your Lordships Banner , to offer this Earnest of my utmost either natural or acquir'd Force in its Service , against a sort of Enemies below Your Lordships Indignation . Some of them , being Men of Letters , will yield to no Authority , but what they find in Books ; and were it not for the Invention of Printing , would almost have been depriv'd of the use of Reason : For these , I hope , I have brought both Weight and Measure , and prov'd to them , that our Government is as Legal , as it may be Happy , if they please ; and , I doubt not , will be , whether they please , or no. With others , no Arguments are of any moment , but as they work upon their Hopes or Fears ; and Reason in them is always subservient to Sense or Interest : These , if they have not Religion , at least are Superstitious , and as the Poet has it , are the Men who tremble and look pale at every Flash of Lightning : Every cross Accident is with them a Presage of more , and disposes them to change their Side ; and time was , when by looking up to the Fane over the Horse-Guards , one might know who they were for . If these Men can be persuaded , that the wonderful Successes which his present Majesty has met with , have been plainly foretold , and that no less are promis'd yet to come ; if they do not assist , they will not dare to oppose : And till they can either fix an Imputation of Forgery upon the Predictions here collected , or evade their Agreement with known Events , the Government has them sure . I must confess , I believe it will never be well with this divided Nation , till Men act , like Your Lordship , upon more generous and steady Principles . Whoever espouses Truth only while it is prosperous , is beholden to Chance for his Honesty , as some have been for their mistaken Loyalty , with which specious Pretence , they have varnish'd over a long Series of the most illegal and barbarous Actions , that ever were the Reproach of any Civiliz'd Nation . Vnder that Rage Your Lordship suffer'd ; and not to have suffer'd , would have been enough to have brought Your Fame in question ; when it was hardly possible for one of so great a Figure to live in safety , without such shameful Compliances , as our English Spirits were never guilty of in the darkest Ages of Popery . These things , I am confident , Your Lordship would be loth to remember against any , now likely to represent themselves fair to a Prince newly come from abroad , were it not for the manifest Tendency , I may say , Effects , of their Principles : And till they either publickly repent of , or condemn those Doctrines , upon which such Actions are grounded , Your Lordship may well apprehend a Relapse into the former State. The Absurdity of their Notions is not a more proper Subject of Laughter , than the Guilt is of Punishment ; yet had they the Ingenuity , by a free Confession , to stop the spreading Contagion , I dare say , few would have the ill Nature to upbraid them with their Faults . I am sensible that I have rais'd many Enemies , by the Freedom which I have taken with them ; yet methinks that Caution and Discretion which has with-held others more able , who look more at Times and Seasons than Things , is little less than Criminal ; at least , they deserve no Praise , who will not make or enter a Breach , till cover'd with Crowds . Sure I am , many lamented Worthies have been condemn'd in Form of Law , and censur'd by the thoughtless higher and lower Vulgar , because of the Pusilanimity or Treachery of others , or fatal Lethargy of the Times ; in short , have been thought Fools and Traytors , because they could not Prophesie . Yet , as Your Lordship has declin'd no Danger , where the Cause of Your Religion or Country call'd , permit me , tho' not to aspire to the Imitation , to profit by the Example . Many Men above Fears , are Slaves to Ambition or Gain , perfect Mercenaries , and fight for Pay ; they think the World but a Stage to scramble on , and he that gets most , tho' to the ruine of Thousands , is with them the Bravest Man. If Your Lordship had been of this Mind , Your Valour might have carv'd out a Fortune enough to have bought a Nation to Your Side . But that Trust which His present Majesty has repos'd in Your Lordship , is more valuable , than the Indies given by unthinking Multitudes or Monarchs ; and I doubt not but Your Lordship will , in Execution of so high an Office , shew that Bravery of Nature , Fidelity by Principle , and Skill both in Civil and Military Affairs , from a long well-improv'd Experience , as may sufficiently satisfie all reasonable Men in the difference between the Ministry of the last Reign , and This. For my own part , since my early Zeal for the Service of Your Lordship and the Publick , in truth , of the Publick in Your Lordship , has entred me of Your Retinue , permit me the Glory of declaring to the World , that I am ( MY LORD ) Your Lordship 's most Obliged and Devoted Humble Servant , WILL. ATWOOD . PREFACE . AFTER those Great and Glorious Things which His present Majesty William III. has done for this Nation , had we not made His Government our Choice , as His Protection was our Refuge ; the Ingratitude would have been as signal , as our Deliverance has been , thro' His auspicious Conduct . And whoever opposes this , may be thought to fight against those Providences and Predictions , which give as it were a Sacred Unction , and Designation of His Person , to the Supremacy of Power among us . Yet how plainly soever this seems to have been design'd by Heaven , I must own , That alone will not authorise Endeavors to this End , unless it can be done without Injustice to any : For otherwise we should make God the Author of those Sins of Men , which have often been foretold . But in order to satisfie those who question what is their Duty at this time , either for Acting or Acquiescing , I shall shew that we have been Grateful without being Unjust , and may chearfully act under the present Government , in sure and certain hope that those great Things which are already come to pass , according to plain Predictions , are the happy Omens and Earnests , of greater yet to come , being equally promis'd . For which end I shall consider , 1. Whether we may not , by comparing the following Predictions , reasonably conclude , That as the Crown of England has been destin'd for the late Prince of Orange , the better to qualifie him for the executing God's Purposes for the Benefit of Mankind ; so it has been long since foretold ? 2. Whether the People of England have not a rightful Power to contribute towards their Accomplishment ? 4. Whether that Power has not been duly exercis'd in the present Assembly of Lords and Commons ? Many , I know , despise Prophesies , and laugh at the Observers of those Hand-writings from above ; and others , tho' they own that some Beams of Divine Light had visited the dark Ages of the World , before the Sun of Righteousness appeared , and that they were more frequent during its abode upon Earth , and for the two or three first Centuries after : Yet they will have it , that ever since God has kept his Foreknowledge to himself , without communicating any Notices of it to Mankind . Be their Opinions as it will , 't is not unlikely that many , who have been doubtful what Course to steer in their Endeavours for the Publick , will attend to these Divine Admonitions . But that Nostredamus , either thro' Judicial Astrology , or Divine Inspiration , or both , as himself professes , did foretel many things which have come to pass , must not be denied by any body who reads him ; as where he says , That the Senate of London , that is , the Parliament of England , or those of it who usurp'd its Name , should put to Death their King : That London should be burnt in Thrice twenty and six , that is , Sixty six ; and that the Plague should not cease till the Fire : Where , according to what himself observes of some of his Predictions , he limits the Place , Times , and prefixed Terms , that Men coming after may see and know , that those Accidents have come to pass as he marked . What he says of the Bastard of England's being half receiv'd , is not more obscure , or less verified . Nor does there seem a greater Veil upon what he says of the West's freeing England , where he in very lively Characters represents the Event of the first and second Attempt there . And as we find those things to have fallen out accordingly , we have great ground to believe , that what he speaks of his native Country France , was from a certain Foresight . Who can with-hold his Belief from all those Particulars in relation to it , which he speaks not in the least mysteriously ? Or can any one doubt , but that this present Juncture bodes it those Ills which he threatens ? The Fleet in the West , and the great Appearance there , with His Majesty's stupendious Progress , not without cause , made the French King think Danger approaching by Blay . Nor can it be a question , who is meant by the Chief of the British Isle , or the Great a Aemathien , who is to lead the English to Glorious Enterprises . Can it be other than the Celtique , that is , Belgick Prince , of Trojan , that is , English Blood , of a b German Heart , c married to one of Trojan Blood , and in safe Alliance with the Spaniard ? I will not be positive , that a King's danger of drinking the Juyce of Orange , unless he yield to an Accommodation , must necessarily be intended of the late King and this ; tho' I am very confident no time can be shewn when this could be so properly applied . I cannot but think , that Nostredamus has foretold the Fate of d James the Second ; the e Question for the Kingdom between this Prince and the reputed Brother-in-Law ; the carrying the Babe into France , the Father 's not being able to make good the Title of his Blood , and this Sham's being the occasion of the late Prince's accepting the Crown . And who can doubt , but this King is that Native of Friezland ( as one Part of a Country may be taken for the Whole , or other Part of the Whole ) to be cbosen here , upon another's having Death given him drop by drop by the Guards ? Nor can it be denied , that J. 2. has received his Deaths-wounds , or occasion of a lingring Death , in a great measure , from his own Guards . Nor is the Crown more plainly foretold to His Majesty from an Election , than it is to His Royal Consort by way of Succession , which are both exactly fulfill'd in that happy Partnership in Dignity , while the Regal Power is kept entire to accompany the Marital . In two Particulars I have taken a Liberty with Nostredamus , which I cannot but think allowable . 1. Where his Words admit of different Senses , if I have not left them in aequilibrio , equally applicable to either , I have determin'd them to that which best agrees with Events : For if he has truly foretold any thing without ambiguity , we are to believe , that in others , he , or the Spirit which dictated to him , intended what has fallen out , if the Words will bear it . 2. Whereas the Stanzas of his Predictions are scatter'd up and down , like so many Sybilline Leaves , I have gather'd and sorted them together , according to past Occurrences , or that relation to the future which they seem to bear ; and certain it is , that God's Holy Spirit foresaw all things in their true Order . I must own , that the like Persons and Actions may come upon the Stage more than once ; wherefore of many , every body is left to his own Conjecture ; but in others , the Parallel is so exact between Nostredamus his Descriptions , and what has come to pass in the whole or in part , that where a Connection of Events seems to be pointed at , 't will be as difficult not to entertain warm Expectations of the Accomplishment of the Whole , as to deny that Part is fufilled : And many Personal Characters , tho' given in distant Stanzas , have that mutual Resemblance , that they look like several Parts , or Lineaments at least , of the same Face , and may without blame be drawn together . Grebner seems rather to give an Account of what he had liv'd to see , than to foretel what lay in the Womb of Time : Who can deny , but that he pointed at the Misfortunes of Charles the First , with the Occasion of them , the Generalship of the Earl of Essex , then of Sir Thomas Fairfax ? And it is not improbable that the Nullus coming next , might be Nol. Nor can it be a question but the late Prince of Orange , who by the Mother's Side is Grandson to Charles the First , and Son-in-Law to James the Second , is that Person of Charles his Lineage , who was to Land upon the Shore of his Father's Kingdom , with such Forces as His present Majesty had with him : And if this be admitted , I am sure His Reign in his own Right is foretold ; for the Prophesie of that Person says , Regnum suum felicissimè administrabit ; and since Grebner speaks of one to Reign here after the Knight and the Nullus , it makes it highly probable , that he had a Foreknowledge of the Protectorship of Oliver Cromwel , who was commonly known by the Name of Nol. David Pareus , one would think , had seen the Person of the Prince of Orange in a Divine Dream , as he was thought to have seen the City of Heidelburgh in Flames three Years before it hapned : Nor is he singular in calling his Hero a Grecian King ; for Nostredamus called his the Aemathien : either resembling him to Caesar , who conquer'd Pompey in Greece , in the Aemathien , or Pharsalian Fields ; or else with respect to the future Progress of his Arms as far as Pareus mentions . Antonius Torquatus , who wrote above Two hundred Years since , looks like an Historian setting forth the great Changes and Occurrenrences in Europe , during the two last Centuries , and not obscurely to describe the present Juncture of Affairs : Nor does his Northern Prince seem to he other than the English-Belgick Lion. 2d . As to the rightful Power which this Nation had to contribute towards the accomplishing of those Prophecies , which mark the late Prince of Orange for King of England , Not thinking it worth the while to refute the fond Notion of an Absolute a Patriarchal Power , descending down from Adam to our Kings , in an unaccountable way ; I shall take it for granted , that , as b Grotius has it , the Civitas is the common Subject of Power ; this , in the most restrain'd sense , is meant of the People of Legal Interests in the Government , according to the first Institution . Yet if they are entitled to any fort of Magistracy , they become part of his Subjectum proprium , the proper or particular Subject , or Seat of Power : Wherefore I take his Cives to be the same with Pufendorf's Quorum coitione & consensu primo civitas coaluit , aut qui in illorum locum successerunt , nempe patres familiâs , By whose Conjunction and Consent the Civil Society first came together , or they who succeeded in to their Rooms , to wit , the Fathérs of Families . And the most sensible of them who deny this , as fighting against their fansied Divine Right of Kingship , own , that the People have in many Cases a Right to design the Person , if not to confer the Power ; only these Men will have it , that the Extent of the Power of a King , as King , is ascertained by God himself ; which I must needs say , I could never yet find prov'd with any colour . But to avoid a Dispute needless here , since the Question is not so much of the Extent of Power , as of the Choice of Persons ; Whether any Choice is allowable for us , must be determin'd by the fundamental or subsequent Contract , either voluntary or impos'd by Conquest ; and 't is this which must resolve us , whether the Government shall continue Elective , or Hereditary to them that stand next in the Course of Nature , guided to a certain Channel by the Common Law of Descents , or limited only to the Blood , with a Liberty in the People to prefer which they think most fit , all Circumstances considered . And if our Constitution warrants the last , then we may cut the Gordian Knot , and never trouble our selves with Difficulties about a Demise , or Cession from the Government , or Abdication of it ; for which way soever the Throne is free from the last Possessor , the People will be at liberty to set up the most deserving of the Family , unless there be subsequent Limitations by a Contract yet in force , between Prince and People , which being dissolv'd , no Agreements take place but such as are among themselves : In which Case , whatever ordinary Rule they have set themselves , they may alter it upon weighty Considerations : And that it is lawful for the People of England at this time to renounce their Allegiance sworn to J. 2. and to prefer the most deserving of the Blood , notwithstanding any Oaths or Recognitions taken , or made by them , I shall evince , not only from the Equity of the Law , and Reservations necessarily imply'd in their Submission to a King ; but from the very Letter , explain'd by the Practice of the Kingdom , both before the reputed Conquest , and since . 1. For the Equity and reserved Cases , I think it appears in the nature of the thing , that they for whose benefit the Reservation is , must be the Judges ; as in all Cases of Necessity , he who is warranted by the Necessity , must judge for himself before he acts ; tho' whether he acts according to that Warrant or no , may be referr'd to an higher Examen : but where the last resort is , there must be the Judgment ; which of necessary consequence , in these Cases , must needs be by the People , the Question being of their Exercise of their Original Power ; and where they have by a general Concurrence past the final Sentence , in this Case their Voice is as the Voice of God , and ought to be submitted to . For the direction of their Judgment in such Cases , they need not consult Voluminous Authors , but may receive sufficient Light from those excellent Papers ; The Enquiry into the Present State of Affairs ; The Grounds and Measures of Submission ; and , The Brief Justification of the Prince of Orange 's Descent into England , and of the Kingdom 's late Recourse to Arms. Which I shall here only confirm by some Authorities . The first , as being of most Credit among them who raise the greatest Dust , shall be Bishop Sanderson , Of the Obligation of an Oath ; who shews several Exceptions or Conditions , which of Common Right are to be understood before an Oath can oblige ; in which I shall not confine my self to the Order in which he places them . 1. If God permit , because all things are subject to the Divine Providence and Will ; nor is it in any Man's power to provide against future Accidents : Wherefore he who did what lay in him to perform what he promis'd , has discharg'd his Oath . 2. Things remaining as they now are , Whence he who swore to marry any Woman , is not oblig'd , if he discovers that she is with Child by another . These two Exceptions sufficiently warrant Submission to such Government as God in his Providence shall permit , notwithstanding Oaths to a former King : And if he cease to treat his People as Subjects , the Obligation which was to a Legal King determines , before his actual Withdrawing from the Government . 3. As far as we may ; as if one swear indefinitely to observe all Statutes and Customs of any Community , he is not oblig'd to observe them farther than they are lawful and honest . 4. Saving the Power of a Superior : Whence if a Son in his Father's Family swear to do a Thing lawful in it self , but the Father not knowing it , commands another thing , which hinders the doing that which is sworn ; he is not bound by his Oath , because by the Divine Natural Law he is bound to obey his Father . And he who has sworn not to go out of his House , being cited to appear before a Lawful Judge , is bound to go out , notwithstanding his Oath ; the Reason is , because the Act of one , ought not to prejudice the Right of another . These two last Instances , added to the Consideration of a Legal King , will qualifie the Oath declaring it not lawful , upon any pretence whatsoever , to take Arms against the King , and abhorring the Traiterous Position , of taking Arms by his Authority against his Person , or against those that are Commissioned by him . This I think I may say , with warrant from Bishop Sanderson , That no Man is bound by this Oath to act against Law , under colour of the King's Commission ; nor to permit such Actions , if it be in his power to hinder them ; the Common Fundamental Law being in this Case the Superior which he is to obey , and which is to explain and limit the Sense of Acts of Parliament seeming to the contrary . To Bishop Sanderson , I may add Grotius , who runs the Prerogative of Kings as far as any Man in reason can : Yet he allows of reserved Cases , in which Allegiance may be withdrawn , tho' there is no express Letter of Law for it : As , 1. Where the People being yet free , command their future King by way of continuing Precept . Whether there be any such with us , can be no doubt to them who read the Coronation Oaths from time to time required and taken , upon Elections of some Kings , and the receiving others , by reason of prior Elections , and Stipulations with their Predecessors . 2. If a King has abdicated or abandon'd his Authority , or manifestly holds it as derelict , indeed , he says , he is not to be thought to have done this , who only manages his Affairs negligently . But surely no Man can think but the Power of J. 2. is derelict . And he cites three Cases , wherein even Barelay , the most zealous Asserter of Kingly Power , allows Reservations to the People . 1. If the King treats his People with outragious Cruelty . 2. If with an hostile Mind he seek the Destruction of his People . 3. If he alien his Kingdom . This Grotius denies to have any effect , and therefore will not admit among the reserved Cases : But if no Act which is ineffectual in Law , will justifie the withdrawing Allegiance , then none of the other Instances will hold ; for to that purpose they are equally ineffectual : Yet who doubts , but the King doing what in him lies to alien his Kingdom , gives Pretence for Foreign Usurpations , as King John did to the Pope's ? And whoever goes to restore the Authority of the See of Rome here , be it only in Spirituals ; endeavors to put the Kingdom under another Head than what our Laws establish , and to that purpose aliens the Dominion : Nor can it be any great Question , but the aliening any Kingdom or Country , part of the Dominion of England , will fall under the same Consideration ; which will bring the Case of Ireland up to this , where the Protestants are disarm'd , and the Power which was arm'd for the Protection of the English there , is put into the Hands of the Native Papists ; so that it is not likely to be restor'd to its Settlement at home , or dependence upon England , without great Expence of Blood and Treasure . Even the Author of Jovian owns , that the King's Law is his most authoritative Command ; and he denies that the Roman Emperour had any Right to enslave the whole People , by altering the Constitution of the Roman Government , from a Civil into a Tyrannical Dominion ; or from a Government wherein the People had Liberty and Property , into such a Government as the Persian was , and the Turkish now is , &c. Tho' by the Roman Lex Regia , which himself takes notice of , the People had transferred all their Power to the Emperor , yet we see the highest Asserter of Imperial Power allows of Reservations . If , says Bishop Bilson , a Prince should go about to subject his Kingdom to a Foreign Realm , or change the Form of the Common-wealth from Imperie to Tyranny , or neglect the Laws establish'd by Common Consent of Prince and People , to execute his own Pleasure ; in these and other Cases , which might be named , if the Nobles and Commons join together to defend their ancient and accustomed Liberty , Regiment , and Laws , they may not well be accounted Rebels . And soon after he speaks of a Power for preserving the Foundation , Freedom , and Form of their Commonwealths , which they forepriz'd , when they first consented to have a King. Where his meaning cannot be restrain'd to express Provisions , excluding such as may be equitably intended . And , not to heap Authorities , with this agrees the Divine Plato , who after he has affirm'd ; that the highest Degrees of Punishment belong to those who will misguide a Ship , or prescribe a dangerous new way of Physick , having brought in Socrates asking whether Magistrates ought not to be subject to the like Laws , himself asks , What shall be determined , if we require all things to be done according to a certain Form , and set over the Laws themselves , one either chose by the Suffrages of the People , or by Lot , who slighting the Laws , shall for the sake of Lucre , or to gratifie his Lust , not knowing what is fit , attempt to do things contrary to the Institution : This Man , both he and Socrates condemn , as a greater Criminal than those which he had mention'd , whose Crime he aggravates , as 't is an acting against those Laws , which thro' a long Experience had been ordain'd by their Counsel and Industry , who had opportunely and duly weighed every thing , and had prevail'd upon the People to submit to them . 2d . To proceed to Positive Law , I shall shew how the Contract between Prince and People stood , and hath been taken , both before the reputed Conquest , and since : Where 't will appear , 1. That Allegiance might and may in some Cases be withdrawn , in the Life-time of one who continued King until the occasion of such withdrawing , or Judgment upon it . 2. That there was , and is , an establish'd Judicature for this , without need of recurring to that Equity , which the People are suppos'd to have reserv'd . 3. That there has been no absolute Hereditary Right to the Crown of England , from the beginning of the Monarchy ; but that the People have had a Latitude for setting up whom of the Blood they pleas'd , upon the determination of the Interest of any particular Person , except where there has been a Settlement of the Crown in force . 4. That they were lately restored to such Latitude . 1. If the King , not observing his Coronation-Oath in the main , lose the Name of King , then no Man can say that Allegiance continues : But that so it was before the reputed Conquest , appears by the Confessor's Laws , where they declare the Duty of the King. But the King , because he is Vicar to the Supreme King , is constituted to this end , that he should rule his earthly Kingdom , and the People of God ; and above all , should reverence God's Holy Church , and defend it from injurious Persons , and pluck from it Wrong-doers , and destroy and wholly ruine them ; which unless he does , not so much as the Name of King will remain in him , &c. Hoveden shews how this was receiv'd by William 1. The King and his Deputy ( or Locum tenens in his absence ) is constituted to this end , &c. in substance as above : Which unless he does , the true Name of King will not remain in him . And , as the Confessor's Laws have it , ( in which there is some mistake in the Transcriber of Hoveden otherwise agreeing with them ) Pope John witnesses , That he loses the Name of King , who does not what belongs to a King : which is no Evidence that this Doctrine is deriv'd from the Pope of Rome : The Pope only confirms the Constitution , or gives his Approbation of it , perhaps that the Clergy of those Times might raise no Cavils from a supposed Divine Right . And to shew that this is not only for violating the Rights of the Church , the Confessor's Laws inform us , that Pipin , and Charles his Son , not yet Kings , but Princes under the French King , foolishly wrote to the Pope , asking him , if the Kings of France ought to remain content with the bare Name of King ? By whom it was answer'd , They are to be called Kings , who watch over , defend , and rule God's Church and his People , &c. Hoveden's Transcriber gives the same in substance ; but , thro' a miserable mistake in Chronology , will have it , that the Letter was wrote by Pipin and his Son to W. 1. Lambart's Version of St. Edward's Laws goes on to Particulars , among others , That the King is to keep without diminution all the Lands , Honours , Dignities , Rights , and Liberties of the Crown ; That he is to do all things in his Kingdom according to Law , and by the Judgment of the Proceres , or Barons of the Realm ; and these things he is to swear before he is Crown'd . By the Coronation-Oaths before the reputed Conquest and since , all agreeing in Substance , every King was to promise the People three things . 1. That God's Church , and all the People in the Kingdom , shall enjoy true a Peace . 2. That he will forbid Rapine , and all Injustice , in all Orders of Men. 3. That he will promise and command Justice and Mercy in all Judgments . And 't is observable , That Bracton , who wrote in the time of H. 3. transcribes that very Formulary , or rather Abridgment of the Oath , which was taken by the Saxon Kings . In Bracton's time , 't is certain , the Oath was more explicit , tho' reducible to those Heads ; and 't is observable , that Bracton says , The King is Created and Elected to this end , that he should do Justice to all . Where he manifestly shews the King's Oath to be his part of a binding Contract , it being an Agreement with the People , while they had power to chuse . With Bracton agrees Fleta , and both inform us , that in their days there was no scruple in calling him a Tyrant , and no King , who oppresses his People violatâ dominatione , as one has it ; or violentâ , as the other ; either the Rule of Government being violated , or with a violent Government ; both of which are of the like import . The Mirrour at least puts this Contract out of dispute ; shewing the very Institution of the Monarchy , before a Right was vested in any single Family , or Person : When forty Princes , who had the Supreme Power here , chose from among them a King to Reign over them , and govern the People of God , and to maintain the holy Christian Faith , and to defend their Persons and Goods in quiet , by the Rules of Right . And at the beginning they caused the King to swear , That he will maintain the holy Christian Faith with all his Power , and will rule his People justly , without regard to any Person , and shall be obedient to suffer Right or Justice , as well as others his Subjects . And what that Right and Justice was in the last result , the Confessor's Laws explain , when they shew , that he may lose the Name of King. These Laws were not only receiv'd by William 1. and in the Codex of the Laws of H. 1. but were the Laws which in the early Contests which the Barons had with their encroaching Kings , they always urg'd to have maintain'd ; and that their Sanction might not be question'd , the Observance of them was made part of the Coronation-Oath , till some Archbishops , careful only of their Clerical Rights , provided for no more of those Laws than concerned them . By that Oath which is upon Record , and in ancient Prints , the King is to swear to grant , keep , and confirm , among others , especially the Laws , Customs , and Freedoms granted the Clergy and People by the most glorious and holy King Edward . And even after the King 's taking this Oath , they were to be ask'd if they would consent to have him their King , and Leige-lord ? Which is the Peoples part of the Contract ; and thus the Contract becomes mutual . To which purpose the Learned Sir Henry Spelman cites Cujacius , the great Civilian , to shew , that Faith between a Lord and Vassal is reciprocal ; and gives an Instance in the Oath of one of our Saxon Kings , Knute , for the proof of its being so here between King and Subject . And with Cujacius agrees the no less judicious Civilian Pufendorf . When , says he , the Power is conferr'd upon a King , there is a mutual Translation of Right , and a reciprocal Promise . If it be objected , That tho' this was at the beginning a Contract with a Free People , it ceas'd to be so from the time of the Conquest : I answer ; 1. Till there be a Consent and Agreement to some Terms of Governing and Subjection , 't will be difficult , if possible , to prove any Right in the Conqueror , but what may be cast off as soon as there is an Opportunity . 2. William 1. was not receiv'd as a Conqueror , but upon a mutual Contract , upon which old Historians say , Foedus pepigit , He made a League with the People ; which comes to the same thing with what the Holy Writ records of King David , That the People made a League with him . His Coronation-Oath was the same with that which was taken by his Saxon Predecessors , except that the Circumstances of that time requir'd an additional Clause for keeping an equal Hand between English and French. 'T is not to be doubted , but that the Norman Casuists inform'd him , that this related only to Legal Justice ; but that in Matters of Grace and Favour , he was left at large . How much soever he might have strain'd in this or other Matters , I am sure he was far from acting so arbitrarily as some have industriously represented him ; I will not say , on purpose to encourage such Actions in other Princes : And it is yet more certain , that whatever Right either he or any body under him enjoy'd , came from the Compact , not from the Breach of Faith. 3. If William 1. did gain the Right of a Conqueror , it was Personal , and he never exacted this for his Heirs , as appears not only by his Declaration when he came to die , but by the Fealty or Oath of Allegiance which he required in his Laws . The King's Oath is the real Contract on his side ; and his accepting the Government as a legal King , the virtual one ; and so it is vice versâ , in relation to the Allegiance due from the Subject . Thus far the Author of Jovian is in the right ; As in the Oath of Allegiance the People swear nothing to the King , but what they are bound to perform unsworn ; so the King , in his Coronation-Oath , promises nothing to the People , but what in Justice and Equity he is bound ●o perform unsworn . Upon which account I will yield to Saravias , That in Hereditary Kingdoms the Coronation-Oath confers no new Right ; and therefore there may be a King before his Coronation : Yet we must attend to Grotius his Rule , who rightly observes , That Succession is only a Continuance of that Power which the Predecessor had : So that if the first Possessor comes into Power qualified by express Contract , this binds the Successor , and he is to be thought to come in upon those Terms . The Description which Samuel made of the exorbitant Power of Kings , was rather to terrifie them from pursuing their foolish Demand , than to constitute such a Prerogative as the King should use whom God would appoint to go in and out before them : Which methinks is very manifest , in that the worst of Kings that ever reigned among them , never challeng'd or assum'd those Prerogatives ; nor did the People conceive themselves liable to those Impositions , as appears by the Application they made to Rehoboam , on the Death of Solomon , That he would abate some of that Rigour his Father had exercis'd toward them ; the rash rejection of which , contrary to the Advice of his wisest Counsellors , cost him the greater part of his Dominions ; and when Rehoboam would by Arms have reduc'd them to Obedience , God would not suffer him , because he had been in the fault himself . One of the Terms , as appears by the Mirrour , was , That the King should suffer Right , or Justice , as well as his Subjects : And St. Edward's Sword , called the Curtein , carried before our Kings at their Coronations , was in the time of H. 3. a known Emblem , and Remembrancer of this : But surely whoever us'd that , or a Judicial Power in such Cases as above , how much soever they continued their Allegiance to the King's Authority , could not be said to retain it to his Person . 2. There was , and is an establish'd Judicature for the great Case in question , as is imply'd by St. Edward's Laws , which suppose some Judge or Judges in the Case ; and , investing the Proceres with the Supreme Judicature , with-holds not this from them . However , 't is certain , the Parliament 9 R. 2. referr'd to a known Statute , when they mind him of an ancient one not long before put in practice ; whereby , if the King , thro' a foolish Obstinacy , contempt of his People , or perverse froward Will , or any other irregular way , shall alienate himself from his People , and will not be govern'd and regulated by the Rights of the Kingdom , and the Statutes and laudable Ordinances made by the Council of the Lords , and the Peers of the Realm ; but shall headily in his mad Counsels exercise his own arbitrary Will ; from thenceforth it is lawful for them , with the common Assent and Consent of the People of the Realm , to depose him from the Throne , &c. This Law is not now extant , but was not then deny'd ; and the Reason why it is not to be found , is very evident , from the Articles against this King some Years after : In the 24th Article they accuse him of causing the Rolls and Records concerning the State and Government of his Kingdom to be destroyed and rased , to the great prejudice of the People , and disherison of the Crown of the said Kingdom ; and this , as is credibly believ'd , in favour and support of his evil Governance . The Mirror tells us , That of right the King must have Companions to hear and determine in Parliament all Writs and Plaints of Wrong done by the King , &c. And the Learned Hornius cites the Speculum Saxonicum , of the like Name and Nature with our Mirror ; the Author of which last , was of his own Name : The Saxon Mirror , as he says , was wrote before the Normans came hither . The Justices , or private Persons , says he out of the Speculum , neither ought nor can dispute of the Acts of Kings ; yet the King has Superiors in ruling the People , who ought to put a Bridle to him : And , Hornius says , the old Saxon Lawyers limit that Maxim , The King has no Peer , to wit , in exhibiting Justice ; but in receiving Justice , they say , he is the least in his Kingdom . Tho' Bracton seems to restrain this Rule to Cases wherein the King is Actor , in judicio suscipiendo si petat ; Fleta , who takes it from him , seems to correct the Copy , and has it si parcat , If he spare doing Justice ; to which end , both affirm , that he was created and chosen King : And Bracton himself shews elsewhere , that he means more , by the Reason which he assigns why the King ought to be the least in receiving Justice , Lest his Power should remain without Bridle . This for certain he sufficiently explains , when he says , That no Justices or private Persons may dispute of the King's Charters and Acts ; but Judgment must be given before the King himself ( which must be meant of the King in Parliament , as appears by a Petition in Parliament 18 E. 1. where Bracton's Rule is received . ) But Bracton says , he has God for his Superior , also the Law by which he is made King , also his Court , that is to say , the Earls and Barons , for they are called Comites , being as it were Companions to the King ; and he who has a Companion , has a Master : Therefore if the King act without Bridle , they are bound to bridle him ; and Bracton in one place says , In receiving Justice , the King is compar'd to the least of his Kingdom , without confining it to Cases where he is Actor . This puts a necessary Limitation to that Maxim , That the King can do no Wrong ; that is , not to be adjudg'd so by Judges Commissaries , or Commission'd Judges , which the Mirror uses in contradistinction to Judges Ordinary , sitting by an Original Power ; yet this does not in the least interfere with the Judicial Power of the High Court of Parliament ; and it may be a question , whether that Maxim , as receiv'd in the Courts of Justice , is ever taken to reach farther than , either in relation to the Remedies which private Persons may there have against personal Injuries from the King ; as where 't is said , The King cannot imprison any Man , because no Action of False Imprisonment will lie against him ; or rather because of the ineffectualness in Law of his tortious Acts. But what the Nation , or its Great Councils have thought of such Acts , will appear by a long Series of Judgments , from time to time past and executed upon some of their Kings . Long before the reputed Conquest , Sigibert King of the West-Saxons becoming intolerable by his insolent Actions , was expell'd the Kingdom ; and Bromton shews , that this was done in a Judicial manner , by the unanimous Consent and Deliberation of the Peers and People ; that is , in the Language of latter Ages , by Lords and Commons in full Parliament . And eighteen Years after , Alcred , King of the Northanimbrians , that is , Northumberland , and other adjacent Counties , was banish'd , and divested of his Soveraignty , by the Counsel and Consent of all his Subjects . a Five Years after this , their King Ethelred was driven from the Throne and Kingdom , for treacherously procuring the Death of three of his Great Men , Alwlf , Cynwlf , and Ecga . Within fifteen Years after this , the People having without Example called back Ethelred from Exile , slew him without any allowable Precedent , and set up in his stead Osbald a Nobleman , none of the Royal Stock ; and he not answering their Expectation , they depos'd him in twenty eight days . Twelve Years after they deposed their King Eardulf , and remain'd long without chusing any . Sixty Years after they depos'd their King Osbrich , and chose Ella , who still swerv'd from the Ends of Government . Six Years after they expell'd their King Egbert . For sixty nine Years the Kings and their People agreed , without coming to any Extremities ; but then they renounc'd the Allegiance sworn to King Edmund , and chose Aulaf King of Norway for their King. Aulaf had not reigned six Years , when they drove him away ; and tho' they receiv'd him again , they soon cast him off again , and swore Allegiance to the English King Edred : Then they rejected him , and chose Egric a Dane , with whom their independent Monarchy expir'd , and turn'd into the Government of Earls . I would not be thought to mention those numerous Examples with the least approbation ; 't is certain , they argue great Levity in rejecting , or Folly in chusing . But if we are believ'd to receive many Laws and Customs from the Germans , from whom we are more remotely deriv'd , much more may the English Monarchy be thought to partake of the Customs of the contiguous Kingdoms which compose it ; and by this frequent Practice the Members of it were sufficiently prepar'd to understand that part of the Compact , whereby the Prince was oblig'd to suffer Right as well as his Subjects ; and that if he did not answer the Ends for which he had been chosen , he was to lose the Name of King. Either these Examples , or rather the continual Engagements in War with Foreigners , had such effect , that from this time , to the Entrance of W. 1. excepting the Case of King Edwin , ( Nephew to the English Monarch Edred ) who was driven out of the Kingdom Anno 957. I find nothing of the like nature : A King was but a more splendid General ; nor could he hope to maintain his Dignity , but by hardy Actions , and tender usage of his People : their extraordinary Power had slept but for few Years after the Death of the reputed Conqueror , till the time of King Stephen , the third Successor from W. 1. who after Allegiance sworn to him , had it a while withdrawn for Maud the Empress ; but the People soon return'd to it again , rejecting her who was nighest in Blood , because she denied them the Benefit of St. Edward's Laws . This Power of the People to be sure was rous'd by the extravagant Proceedings of King John ; upon which the Earls and Barons of England , without the Formality of Summons from the King , give one another notice of meeting ; and after a long private Debate , they agreed to wage War against him , and renounce his Allegiance , if he would not confirm their Liberties ; and agreed upon another Meeting , for a peremptory Demand ; declaring , That if he then refus'd them , they would compel him to Satisfaction , by taking his Castles : Nor were they worse than their words , and their Resolutions had for a while their desir'd Effect , in obtaining a Confirmation of their Liberties ; but the Pope soon absolv'd the King , and encourag'd him to the violation of them , till they stoutly casting off the Authority both of King and Pope , proceeded to the Election of another King , Lewis the Dauphin of France : But the Dauphin assuming a Power not brook'd in the English Government , upon the Death of King John , they set up his Son H. 3. and without any solemn Deposing of Lewis , compell'd him to renounce his Pretensions . Henry treading in his Father's steps , had many unhappy Contests with his Barons ; and having call'd in numbers of Foreigners , they sent him a solemn Message , That unless he would remove those troublesom Guests , they would all , by a Common Council of the whole Realm , drive him and his wicked Counsellors out of the Kingdom , and would consider of making a new King. Upon this both Sides had recourse to Arms , and neither valued the others Judicial Sentence ; but for certain the Sentence threatned H. 3. was executed upon his Grandson E. 2. who was formally depos'd in Parliament for his Misgovernment ; whose Case , with his next Successor's but one , R. 2. by what I have observ'd before , appear to have been no Novelties in England . Nor was it long before the like was again put in practice more than once : H. 6. being a weak misled Prince , gave occasion to Richard Duke of York , whose Line was put by , to cover his Designs for restoring the elder Family , with the Pretence of Redressing Publick Grievances : The Crown he was so far from pretending to at first , that himself swore Allegiance to H. 6. in a very particular manner : But having afterwards an Advantage given , by the Divisions of them who had driven him out of the Land , he in a fortunate Hour , with lucky Omens , as was believ'd , challeng'd the Crown as his Right ; upon which there was an Agreement ratified in Parliament , That H. 6. should enjoy it during his Life , and R. and his Heirs after him . And tho' Richard Duke of York , and his Son Edward , afterwards E. 4. had sworn , That H. 6. should enjoy the Royal Dignity during Life , without trouble from them , or either of them ; yet Richard having been treacherously slain by the Queen's Army , immediately after the solemn Pacification , Edward , at the Petition of some of the Bishops and Temporal Lords , took upon him the Charge of the Kingdom , as forfeited to him by breach of the Covenant establish'd in Parliament . Yet this gave him no sure Settlement ; for the Popularity of the Earl of Warwick drove him out of the Kingdom , without striking a Stroke for it : Upon which H. 6. was again restor'd to his Kingly Power , and Edward was in Parliament declared a Traytor to the Country , and an Vsurper of the Realm , the Settlement upon R. and his Heirs revok'd , and the Crown entail'd upon H. 6. and his Heirs Males , with Remainders over , to secure against Edward's coming to the Crown : Yet the Death of the Earl of Warwick having in effect put an end to King Henry's Power , he was soon taken Prisoner , and put to death , as his Son had been before ; and then Edward procures a Confirmation in Parliament , of the Settlement , under which he enjoy'd the Crown . Thus as the Power of the People , or Great ones of Interest with them , turn'd the Scales from time to time ; so 't was their Consent which fixt them at last , during the the Life of E. 4. It may be said , That whatever the Law or Practice has been anciently , neither can now be of any moment , by reason of the Oath requir'd by several Statutes declaring it not lawful , upon any Pretence whatsoever , to take Arms against the King ; and abhorring the Traiterous Position , of taking Arms by his Authority against his Person . And 2. The Clause in the Statute 12 Car. 2. whereby it is declar'd , That by the undoubted and fundamental Laws of this Kingdom , neither the Peers of this Realm , nor the Commons , nor both together , in Parliament , or out of Parliament , nor the People , Collectively or Representatively , nor any other Persons whatsoever , had , have , hath , or ought to have , any Coercive Power over the Persons of the Kings of this Realm . I shall not here insist , in answer to the first , on the necessity of a Commission , and a King , continuing Legal in the Exercise , as well as Possession of Power ; nor the difference between the Traiterous Acts of single Persons , and the Revolt of a Nation ; nor yet upon the Authority of the Common Law , whereby a Constable , or other Officer chose by the People , may act without any Authority from the King. And for the latter , as Coertion is restrain'd to the Person of the King , the declaring against that , is not contrary to the Authorities for discharging Allegiance by a Judicial Sentence , or otherwise , by vertue of equitable and supposed Reservations ; provided a tender Regard to the Person be still observ'd : But if Proceedings to free our selves from his Authority , fall under this Coertion , then I shall offer something which may remove both this and the other from being Objections to what I have above shewn . To keep to what may equally reach to both Authorities : I shall not urge here , That these Statutes being barely Declaratory , and enacting no Law for the future , introduce none ; so that if the Fundamental Laws shall appear to be otherwise , the Declarations do not supplant them : Nor yet to insist upon a Rule in the Civil Law , That the Commonwealth is always a Minor , and at liberty to renounce the Obligations which it has entred into against its Benefit , which is the Supreme Law. But I shall stop their Mouths who object these Statutes , and maintain , That according to what themselves receive for Law , the Parliaments which enacted these Declarations , had no power so to do ; and then the Law must stand as it did . For this let us first hear Mr. Sheringham , whose Authority few of these Men dispute . They that lay the first Foundation of a Commonwealth , have Authority to make Laws that cannot be alter'd by Posterity , in Matters that concern the Rights both of King and People : For Foundations cannot be remov'd , without the Ruine and Subversion of the whole Building . Wherefore , admit the Acts had been duly made , according to him , they would be void , if the Fundamental Law were as I have shewn . However , I am sure I can irrefragably prove to them who will not have a Nation sav'd without strict Form of Law , That the Parliament which made those Acts , had no Power at the time of making them , being by the express Words of a former Statute repeal'd . The Triennial Act , 16 Car. 1. provides in a way not easily to be defeated , not only for holding a Parliament once within Three Years at least , but that all Parliaments which shall be Prorogu'd or Adjourn'd , or so continued by Prorogation or Adjournment , until the Tenth of September which shall be in the third Year next after the last Day of the last Meeting and Sitting of the foregoing Parliament , shall be thenceforth clearly and absolutely dissolv'd . Now , say I , that Parliament which enacted these Laws , had sat beyond that Time ; Ergo , &c. These were made in the Parliament next after the Convention which brought in the King , which they , I am sure , will not call a Parliament : Wherefore we must go back to the first Long Parliament , which , upon their own Rule , Rex est caput & finis Parliamenti , was dissolv'd by the Death of C. 1. Anno 1648. notwithstanding the Act for making it Perpetual , which indeed by the Words of it seems only to provide against any Act of the King to the contrary , without their Consent ; But by the Death of the King that Parliament lost the Being which before it had , as it was under him when it was Parliamentum nostrum , the Parliament of Charles the First , and so expired An. 1648. by Act in Law. And perhaps it s own breaking up in Confusion before , was in Law an Adjournment sine die , working a Dissolution ; by either of which that Parliament was dissolv'd more than three Years before the Parliament which made the Statute in question ; which Parliament assembled An. 1661. and was ipso facto dissolv'd when it attempted to make those Statutes , it having been continued by Prorogation or Adjournment beyond the Tenth of September in the Third Year after the Dissolution of the last Parliament of Charles the First , which was the next foregoing Legal Parliament , according to strict Form ; for the Parliament which brought in C. 2. Anno 1660. was not summon'd by the King's Writs ; consequently , the Parliament 1661. having no Power , after it had continued as above , whatever was the Ancient Law in this Matter , remains as it did before those Laws . If it be Objected , That the Necessity of the Times had dispens'd with the Letter of the Triennial Act , as to this Particular : 1. They who would plead these Statutes , cannot urge it , since they will not allow of greater Necessity to authorize the Maintaining and Restoring the Constitution : But surely however Necessity might support other Laws , it shall not such as alter the Constitution , but every Legal Advantage shall be taken for restoring it . 2. The Necessity was not absolute ; for the First Parliament of Charles the Second might continue together as long as they could sit without Prorogation or Adjournment , and be good for a day at least , time enough to have repealed the former Statute as to that part , and to qualifie themselves for a longer Continuance . In short , They with whom our Dispute is , are either for the Unalterableness of Fundamentals , according to which , what I have shewn remains , notwithstanding all Efforts to the contrary ; or else , all of a sudden , they have a mighty Zeal for the strict Letter of the Law , by which that Parliament , which endeavour'd to alter the Fundamental Contract , was ipso facto dissolv'd before such Attempt : However , since the Question is not about a Coercive Power over Kings , but barely concerning Allegiance to them , whenever he who was King ceases to be so , either by the Act of God , or the Law , the Obligation of Allegiance necessarily determines , as the subject Matter of it fails . But lest the Liberty allow'd in extraordinary Cases , be us'd as a cloak for maliciousness , I shall restrain it with the Authority of the Learned Pufendorf . In Contracts by which one is made subject to another , this has the Right of Judging what the Subject is to perform , and has also a Power conferr'd of compelling him to the Performance , if he refuses ; which Coercive Power is by no means reciprocal . Wherefore he who rules , cannot be called in question for breaking his Contract , unless he either wholly abdicate the Care of the Government , or become of an hostile mind towards his People , or manifestly , with evil Intention , depart from those Rules of Governing , upon the Observance of which , as upon a Condition , the Subjects have suspended their Allegiance : Which is very easie for any one who Governs always to shun , if he will but consider , that the Highest of Mortals are not free from the Laws of Humane Chance . But that the Judicial Power of the People , so qualified as above , is not peculiar to England , might appear by the Customs of most neighbouring Nations : For Denmark , Swedeland , and Norway , which had anciently three distinct Negatives in the Choice of a King , I shall refer to Krantius , particularly in the remarkable Story of their King Erick , who was adopted Son of the Three Kingdoms , Anno 1411. he having provok'd his People , by the Outrages of his Officers and Soldiers , he was oppos'd with Force by one Engelbert , a Danish Nobleman , transmitted down to Posterity with the fair Character of engaging in the Publick Cause , neither out of love of Rule , nor greediness of Gain , but meer compassion to an opprest People . This so generous an Undertaking was so justly Popular , that Eric , not able to stem the Tide , withdrew from Denmark , the Place of his usual Residence , to Swedeland : But Engelbert's Noble Cause found so few Opposers there also , that the King , as a Pattern to J. 2. privately ran away , and recommended his Nephew in his stead ; but they told him plainly , he was made King by Adoption , and had no Right to surrogate another : Him ( there not being the inconsistency of a different Religion between the Head and Members of the same Body ) they would have receiv'd again upon Terms ; but he refusing , the Three Kingdoms unanimously chose one of another Family . For the Authority of the People even in France , no longer since than the time of Lewis 11. Hottoman's Francogallia gives a large Proof . Nor is the Emperor of Germany more exempt ; for the Golden Bull of C. 4. provides who shall sit as Judge or High-Steward , when he comes to be Impeach'd : And by that , the Palatine of the Rhine has the like Power with that which , Matthew Paris says , the Earl of Chester had here , as Count Palatine : Nor is this in the Empire founded meerly upon that Bull ; for the Bull it self says , Sicut ex consuetudine introductum dicitur , " As 't is said to have been introduc'd by Custom . And Freherus gives an Instance of this before that Bull , in the Case of King Albert , whom they threatned to depose , for killing his Leige-lord Adolphus . With Freherus agrees Gunterus , in his Octoviratus , who says , That the Palatine of the Rhine , Major Domo to the Emperor , is by Custom Judge of the Emperor himself , or rather in the highest Matters declares the Sentence of the Electoral College : And he cites several Authors to prove the like Office or Power to have been in divers Kingdoms and Principalities ; and names France , England , Arragon , Spain , Denmark , Poland , Bohemia , &c. And for France , Loyseau in effect shews this Power to have belong'd to their Maior du Palais ; for he owns the Power to have been greater than the Roman Praefect of the Palace had ; and yet he cites the Words of the Emperor Trajan , giving his Praefect a naked Sword , which he enjoyn'd him to use against him , if he misgoverned . And Loyseau says , That this dangerous Office was put down by the Kings of the Third Line , that they might perpetuate the Crown in their Family . This Office he supposes to have been split into the Conestable's , Chancellor's , Treasurer's , and the Grand Maistre's du France , or Count du Palais , which he seems to resemble to an High Steward with us . And I meet with an old English Author , who affirms almost such a Power as is above-mention'd , to have belonged to the High-Conestable of England : His Words are these . As God hath ordained Magistrates to hear and determine private Matters , and to punish their Vices ; so also will he that the Magistrates Doings be call'd to account and reck'ning , and their Vices corrected and punished , by the Body of the whole Congregation , or Common-wealth : As it is manifest by the Memory of the ancient Office of High-Constable of England , unto whose Authority it pertained , not only to summon the King personally before the Parliament , or other Courts of Justice , to answer and receive according to Justice , but also , upon just occasion , to commit him to Ward . 3. There has been no Hereditary Right to the Crown of England by Proximity of Blood , from the Fundamental Contract ; but the People have had a Latitude for the setting up whom of the Blood they pleas'd , upon the determination of the Interest of any particular Person , except where there has been a Settlement of the Crown in force . The Kingdom , I own , is founded in Monarchy ; and so is Poland , which yet is absolutely Elective : Nor is there any Consequence , that the Dissolution of the Contract between the immediate Prince and People , destroys the Form of Government ; for that depends upon a prior Contract , which the People entred into among themselves : And , that by vertue of this , to avoid endless Emulations , Kings have generally , from the first Erection of the English Monarchy , been chosen out of the same Family , appears beyond contradiction . I know some talk of a Birthright and Inheritance in the Crown , which is not founded in the Statutes , but on the Original Custom and Constitution of the English Government , which is an Hereditary Monarchy , according to proximity of Blood. But I would desire all Men of this Opinion , impartially to weigh these following Particulars . 1. There was very anciently an Act made in a General Convention of all England , in Conventu Pananglico , That their Kings should be elected by the Clergy , & senioribus populi , and the Elders of the People ; that is , such as were Members in their Great Councils , or Witena Gemots , Assemblies of sage or wise Men. This , tho it was long before the reputed Conquest , yet was never repeal'd or cut off by the Sword , nay , seems receiv'd with the Confessor's Laws , as included in them : Which leads to another Head. 2. The Confessor's Law receiv'd by William 1. and continued downward , as the noblest Transcript of the Common Law , shews , that the Kings of England are elected , and the End for which they are chosen by the People : After the same manner do the ancient Historians and Lawyers commonly express Accessions to the Throne , and seem industriously to mind Kings of it , that , according to the Caution given the Jewish King , their hearts be not lifted up above their Brethren . 3. According to the Usage from before the reputed Conquest downwards , the People are ask'd , whether they are content to have such a Man King ? 4. The most Absolute of the English Monarchs never believ'd , that their Children had a Right to the Crown , except the People consented that they should succeed ; as appears by King Alfred's Will , and the Death-bed Declaration of William 1. And therefore some of our Kings , against whom there has been no pretence of better Title in any particular Person or Family , when they stood upon good Terms with their People , have often prevail'd with them , in their Lives-time , to secure the Succession to their Eldest Sons ; and H. 2. to prevent hazarding the Succession , endanger'd himself , by getting his eldest Son Crown'd , himself living : But as the going no farther than the eldest , argues , that they look'd on that as a Favour ; the pressing for a Settlement on their Issue in any manner , argues , that it was not look'd upon as a clear Point of Right without it . Of later Times Settlements have been made in Tail , which tho they were occasion'd by Pretences to Titles , are Records against an Hereditary Monarchy . 5. The Oaths of Allegiance , required of all the Subjects , were never extended to Heirs , but were barely Personal , till Settlements of the Crown were obtain'd upon the Quarrels between the Families of York and Lancaster ; and tho' H. 4. obtain'd in Parliament an Oath to himself , the Prince , and his Issue , and to every one of his Sons successively ; and in the time of H. 6. the Bishops and Temporal Lords swore to be true to the Heirs of R. Duke of York ; yet perhaps no Oath of Allegiance to the King and His Heirs can be shewn to have been requir'd of the Subjects in general , till that 26 H. 8. according to the Limitations of the Statute 25. 6. Even where the People had settled the Crown , they seem'd to intend no more , than to give a Preference before other Pretenders ; not but that upon weighty Reasons they might alter it , as appears by Pollydore Virgil , who was never thought to lie on the Peoples side , whatever Evidences for them he may have conceal'd or destroy'd ; whose Words of H. 5 , to whom the Crown had been limited by Parliament , may be thus rendred . Prince Henry having buried his Father , causes a Council of Nobles to be conven'd at Westminster ; which while they , according to the Custom of their Ancestors , consulted about making a King , behold , on a sudden some of the Nobility , of their own accord , swear Allegiance to him ; which officious Good-will was never known to have been shewn to any before he was declared King. 7. As the Practice of the Kingdom is an Evidence of its Right , numerous Instances may be produc'd of Choices , not only so called by the Historians , but appearing so in their own Natures ; wherein no regard has been had to Proximity , but barely to Blood. And I believe no Man can shew me any more than Two since the reputed Conquest , of whom it can be affirm'd , with any semblance of Truth , that they came in otherwise than upon Election , express'd by the Historians of the Time , or imply'd , as they had no other Title , or else a late Settlement of the Crown , either upon themselves immediately , or in Remainder . The Two upon which I will yield some Colour , are R. 1. and E. 1. which singular Instances will be so far from turning the Stream of Precedents , that unless the Form or Manner of Recognising their Rights as Hereditary be produc'd , the Presumption is strong , that the Declarations of the Conventions of those Days , or the People's acquiescing upon the Question , Whether they would consent to the King in nomination , or both , made even their Cases to be plain Elections . And of these two Instances , perhaps , one may be struck off ; For tho' Walsingham says of E. 1. They recogniz'd him for their Leige-lord , that does not necessarily imply a Recognition from a Title prior to their Declaration ; for which way soever a King comes in duely , he becomes a Liege-lord , and is so to be recogniz'd or acknowledg'd ; and that the Title was not by this Author suppos'd prior to the Recognition , appears , in that he says , Paterni honor is successorem ordinaverunt , They ordain'd or appointed him Successor of his Father's Honour . And yet his Father , to secure the Succession to him , had soon after his Birth issued out Writs to all the Sheriffs of England , requiring all Persons above Twelve Years old to swear to be faithful to the Son , with a Salvo for the Homage and Fealty due to himself . Indeed , of R. 1. the Historian says , He was to be promoted to the Kingdom by Right of Inheritance ; yet the very Word promoted shews something that he was to be rais'd to , higher than that Right alone would carry him ; which he fully expresses in the Succession of E. 2. which , he says , was not so much by Right of Inheritance , as by the unanimous Assent of the Peers and Great Men. Which shews , that ordinarily they , respectively , who stood next in Blood , might look for the Crown before another , till the People had by their Choice determin'd against them . But this is farther observable of R. 1. That he was not called King here , but only Duke of Normandy , till he was Crown'd ; which , next to the People's Choice , was in great measure owing to his Mother's Diligence : For he being absent at the Death of his Father , his Mother , who had been releas'd out of Prison by his means , to secure the Succession to him , went about with her Court from City to City , and from Castle to Castle , and sent Clergy-men , and others of Reputation , with the People into the several Counties , by whose Industry she obtain'd Oaths of Allegiance to her Son and her self , from the People in the County-Courts , as it should seeem ; notwithstanding which , the Archbishop charg'd him at his Coronation , not to assume the Royal Dignity , unless he firmly resolv'd to perform what he had sworn : To which he answered , That by God's help he would faithfully observe his Oath . And Hoveden says , That he was Crown'd by the Counsel and Assent of the Archbishops , Bishops , Earls , Barons , and a great number of Milites , which Word was then of a large extent . Wherefore I submit it to Consideration , whether these are any Exceptions to the General Rule , or are not at least such as confirm it . 8. The Parliament 11 H. 7. declares , That it is against all Laws , Reason , and good Conscience , that Subjects should lose or forfeit for doing their true Duty and Service of Allegiance to their Prince , or Sovereign Lord for the time being ; that is , to the King de facto , as appears by the Occasion of the Law to encourage the Service of H. 7. who had no Title but from his Subjects ; and there is a Provision , That any Act or Acts , or other Process of Law to the contrary , shall be void : Which being built upon the Supposition , That according to the Fundamental Law , the People's Choice gives sufficient Title , perhaps is not vain and illusory , as the Lord Bacon would have it ; but argues strongly , that the Parliament then thought the Monarchy Elective , at least with that Restriction to the Blood , which I yield . And if this be part of the Fundamental Contract , for which it bids very fair , then perhaps no body of any other Stock may be King within this Statute . To what I have offer'd on this Head , the following are all the Objections of seeming weight which have occurr'd to me . The Maxim in Law , That the King never dies ; or , to use the Words of Finch , The Perpetuity which the Law ascribes to him , having perpetual Succession : and he never dies ; for in Law it is called the Demise of the King. To which I answer , 1. That neither that Book , nor any Authority there cited , is so ancient as the Settlement of the Crown above observ'd ; and that the Death is but a Demise or transferring the Right immediately to a Successor , may be owing to the Settlement , but is no Argument of any Right otherwise . 2. Even where there is an Election , tho' never so long after the Death of the Predecessor , yet by way of Relation , 't is as if there were a Demise or Translation of Interest , without any Interregnum , as it was resolved by all the Judges 1 Eliz. of which the Words of Lord Dyer are , The King who is Heir or Successor , may write and begin his Reign the same day that his Progenitor or Predecessor dies ; with which agrees the Lord Anderson . But that to many intents a King dies in his Politick Capacity , as well as Natural , appears by the discontinuance of Process in Criminal Causes , and such in Civil as was not return'd in the Life of the former King , till kept up by Statute ; the determination of Commissions , and the like . 'T is urg'd , That the Hereditary Right contended for , has not been interrupted by the People's Elections , so oft as it should seem by the Breaches in the Succession ; for that many who came in before them who stood next , were Testamentary Heirs of the Appointment of the Predecessor , which argues an Inheritance in him that disposes . And Dr. Brady thinks he produces an Example , where the Election of the People was bound and limited by the Nomination of the Predecessor . But if he had duely weigh'd the Presidents of this kind , he might have understood , that an Election without a Nomination had full effect , while a bare Nomination had none ; and he might have learnt from Grotius , that among the Germans , from whom we descend , Kingdoms did not use to pass by Will , and that Wills were but Recommendations to People's Choice , but not Dispositions . I find it urg'd , That as anciently as the time of E. 3. the Realm declar'd , That they would not consent to any thing in Parliament , to the disherison of the King and his Heirs , or the Crown whereunto they were sworn . If any Colour of Evidence can be produc'd , that the Subjects of England , so early as that , swore Allegiance to the King and his Heirs , this were to the purpose . Indeed , I find , that before this , 24 E. 1. a Foreign Prince , the King of Scotland , Feudatory to the Crown of England , did Homage to the King and his Heirs ; but the like not being exacted of the Subjects of England till particular Acts , whereby the Crown was setled , it argues strongly , as indeed appears from the Subject Matter , that the Homage paid by a Foreign Prince was due to none but the present King , and his Successor to the Kingdom , whoever was next of Blood : And by parity of Reason , the Disherison of the King , and him , her , or them who succeeded to the Crown , was all that could be referr'd to , when they urge the Obligation of their Oath to the King and his Heirs , or the Crown , which appears farther , not only from the old Oath of Allegiance , to which they must needs have reference , whereby they are bound to defend the Rights of tbe Crown ; but even from the Matter then in question , which was not of the Right of Succession , but of a Flower of the Crown . Bracton puts this out of dispute , when he tells us , That Inheritance comes not from an Heir , but an Heir from Inheritance ; and that Inheritance is the Succession to all the Right which the Predecessor had by any sort of Acquisition . With Bracton agrees the Civil Law , Haeredis significatione omnis significari Successores credendum est , etsi verbis non sunt expressi ; By Heirs we are to believe all Successors to be signified , altho' not exprest in Words : And again , Nihil est aliud haereditas quam successio in universum jus quod defunctus habuit ; Inheritance is nothing else but Succession to all the Right which the Deceased had . Wherefore I cannot but wonder that so Learned a Man as Sir P. P. should cite this to prove , that Allegiance is due to the Heirs and Successors in a Legal Course of Descent ; that is , as he explains , or receives it out of Mr. Prynne by proximity of Succession in regard of Line . Nor is this Learned Man more fortunate in mentioning the Salvo , which Littleton tells us is to be taken to the Oath of Homage to a Subject , Salve la Foy que jeo doy a nostre Signior le Roy ; where there is not a word of Heirs ; but he tells us , that Littleton cites Glanvil , where the word Heirs is ; whereas 't is the Lord Cook who makes the Quotation , as he does of Bracton , whose Sense of the word Heirs we have seen ; and Littleton fully confirms it , by leaving out the word Heirs , as a Redundancy , Allegiance being due to every one that becomes King , and to no other . But to put the extent of Heirs to a King out of Controversie , we have the Resolution of all the Judges in B. R. in the time of Q. Eliz. on my side . King R. 3. had granted certain Priviledges to the Burgesses of Glocester , with a Saving to himself and his Heirs ; and it was agreed by all the Justices , That altho' the Words are , Saving to himself and his Heirs , it shall be taken for a perpetual Saving , which shall go to his Successors . This therefore they adjudg'd to reach the Queen , who , 't is well known , was not Heir to R. 3. The great Objection is , That in the Contests for the Crown between the Families of York and Lancaster , each Side pretended Title by Proximity of Blood ; and as either prevail'd , their Right was acknowledg'd to be according to God's Law , Man's Law , and the Law of Nature . To which I answer : As appears in the very Objection , this was apply'd to those who had no such Right of Proximity , as well as those who had ; and thus 't was to R. 3. as well as to E. 4. And even the Election of H. 4. after the Deposing and Relinquishing of R. 2. with his own express Consent , is by the same Parliament that says so much of the Title of E. 4. called an Usurpation upon R. 2. Wherefore if this Record be any way leading to our Judgments , no Deposing or Resignation , whatever be the Inducement , can be of any force . Whence 't is plain , that all these are but Complements to the longest Sword , however , they neither set aside former Authorities , nor establish any Right for the future , at least not more for the Heirs of E. 4. than the Parliament of R. 3. did for his Heirs : Yet whoever comes next by Right of Proximity , according to any Settlement in being , I will not deny that they enjoy the Crown according to God's Law , Man's Law , and the Law of Nature ; for , as the Great Fortescue has it , All Laws publish'd by Men have their Authority from God ; and upon which the Author of Jovian argues , and supposes all Laws of Men to be the Laws and Ordinances of God : Yet who can say but these Humane Creatures , or Ordinances of Men , may be altered , as they were made ? And tho' it may seem strange to some , yet I may with great Authority affirm , That when the People had determin'd the Right on the Side of R. 3. he was King as much according to God's Law , as E. 4. For Pufendorf holds , That where the Question is , what Degree , or what Line is best , the declared Will of the People determines the Controversie ; since every one is presum'd to understand his own Intention ; and the People that is now , is to be thought the same with that by which the Order of Succession was constituted . But let Men argue as nicely as they please , for a Right or Sovereignty inseparable from the Person of the next in Blood , to the last lawful King ; let this fall upon J. 2. the reputed Prince of Wales , or any other Person of unclouded Birth and Fame ; and let them argue upon the Declaration 1 E. 4. That Allegiance is there due by God's Law , Man's Law , and the Law of Nature : Certain it is , that the Statute 11 H. 7. above-mention'd , was not only made in an Age of greater Light , but being a subsequent Law , derogates from whatever is contrary in the former : By this last it is declared to be against all Laws , That Subjects should suffer for doing true Duty and Service of Allegiance to the King de facto ; which is as much as if 't were exprest to be against God's Law , Man's Law , and the Law of Nature : By the necessary Consequence of which , Allegiance is due to a King de facto according to all these Laws : Wherefore whoever denies Allegiance to King William and Queen Mary , or maintains a contrary one to J. 2. offends against God's Law , Man's Law , and the Law of Nature . Nor , whatever some imagine , can the Proviso at the end of this Statute in the least impair its Force , as to what I use it for . The Proviso runs thus . Provided always , That no Person or Persons shall take any Benefit or Advantage by this Act , which shall hereafter decline from his or their said Allegiance . Where said Allegiance , shews it to be meant of Allegiance to the King de facto , whose Service is called true Duty ; and no Man surely can think the meaning to be , that if after such Service they turn to the other Side , or become Traytors to the present Power , they shall suffer for the former Service , as Traytors against him that had the Right , either during the Reign of the King in being , which would be an unlikely owning the ejected Power ; or hereafter , if that should come to be restor'd , which would be far from answering the apparent End of that Clause which is to keep Men in Obedience to him who has the Power of punishing the Disobedient . Wherefore the plain meaning must be , that no Man who departs from his Duty of Allegiance to the present King , shall save himself by pleading , that he had been in Arms , or had done him any signal Service . In short , this was to be no Corban , to answer for any following Departure from Duty . 4. I think I have , with due regard to all colourable Objections , made it appear , That Allegiance may in some Cases be withdrawn from one who had been King , till the occasion of such Withdrawing , or Judgment upon it . And this I have done , not only from the Equity and reserved Cases necessarily implied , but from the express Original and continuing Contract between Prince and People ; which , with the Legal Judicature impowred to determine concerning it , I have likewise shewn , and exemplified , by the Custom of the Kingdom , both before the reputed Conquest , and since : And have occasionally proved , That tho' Oaths of Allegiance may reach to Heirs according to special Limitations , as was 26 Hen. 8. yet in common intendment , by Heirs of a King or Crown no more is meant , than such as succeed to it according to the Law positive , or implied : And that whoever comes to the Crown upon either , Allegiance is as much due to him by the Law of God and Nature , as it was to the nighest in Blood : Or , to use the Words of Bishop Sanderson , Dignity varies not with the change of Persons : Whence if any Subject or Soldier swear Fidelity to his King or General , the Oath is to be meant to be made unto them also who succeed to that Dignity . And when the Crown continues in the Blood , this , especially by what I have above shewn , puts the Obligation of Allegiance to the King in being , out of controversie , unless it can be made appear , that the Right of the former King remains ; or that there is some Settlement of the Crown yet in force , which ties it strictly to the next . I come now to prove , That the People of England are actually discharged from their Oaths of Allegiance to J. 2. and were lately restored to that Latitude of Choice which I have shewn to be their Original Right . The Lords and Commons having a Judicial Power in this Matter , as hath been prov'd at large ; their Exercise of this Power in the nature of the thing determines the Right , unless an Appeal lies from them to some higher Court in this Nation . But that no Power can legally question them , or any of them , in this Matter , appears more particularly , in that there is no Statute now in force , ( nor was since the Death of Car. 2. ) which makes it Treason to conspire to Depose a King , or actually to Depose him . But this is of the Nature of those Common-Law Treasons , which are left to the Judgment of Parliament : And they who are the only Judges of their own Actions , have a pretty large Liberty in them , especially according to them who would infer the Absolute Power of Princes , from the Supposition of no constituted Judges of their Actions . Wherefore the Defence of their Proceedings might justly seem to be superseded , were it not for an ungovernable sort of Men , who either cannot , or will not , judge according to the Rules of right Reasoning : but as they will hardly admit of any Doctrine as true , for which they have not the Decision of some Father or Council ; will believe no Action , not proceeding from their imperious Dictates , justifiable , even in Cases of the utmost necessity , for the Preservation of the true Religion and just Laws , for which they have no Warrant from the Examples of their Forefathers , or Opinions of Men whose Books have past with their Allowance : Which often drives me to the seeming Pedantry of Quotations , to confirm the most obvious Considerations , to which my own Thoughts led me . The either open , or more covert Matters of Fact , inducing the Declaration of Lords and Commons , That J. 2. has broken the Original Contract , I need not now enquire into . All People must own , that 〈◊〉 , if they in the least attend to the Constitution of our Governme●● and how apparently he by his general Dispensations usurp'd a Legislative Power , for the Destruction of the Protestant Religion and Civil Rights ; which we were in a fair way of being Dragoon'd out of by a Standing Army , by degrees to have been wholly under Popish or Complying Officers : Yet if there were no more than his leaving the Kingdom , without making any Provision for keeping up the Justice of it , and going into France , a Country from whence all Mischiefs have of late Years flow'd upon us and our Religion ; Who can deny , but this alone would have been enough to set him aside ? The going out of the Realm , without appointing a Custos , was anciently in our Law a Discontinuance of Justice . And the Lord Hobart gives it as a Maxim , Cessa regnare si non vis judicare ; " Cease to Reign , if you will not Judge , or maintain the Course of Justice . Many , I know , upon these Questions rather regard the Civil Law ; and that , I am sure , gives a home-thrust , in the Case of deserting one's Country , and going into such an one as France is to our Nation , tho' it has been in too strict Alliance with our Kings . The Digests say , A Deserter has no Right of being restor'd to his Country : For he who left his Country with an evil and treacherous Mind , is to be held as an Enemy , &c. But we are to take not only him for a Deserter , who runs over to Enemies in time of War , but also during a Truce : Or , who runs over to them with whom there is no Amity , either after undertaking to be faithful to his Country , or else undertaking to be faithful to the other : Either of which Senses the Words will bear . 'T is likely to be said , That this out of the Civil Law is improperly applied to the Prince , who , according to that , is exempt from all Laws . But I would desire such to read the Rescript or Law of Theodosius and Valentinian , wherein they thus declare : 'T is an Expression suitatable to the Dignity of one that Reigns , to profess himself bound by the Laws . Our own Authority does so depend upon the Authority of Law. And in truth , for the Governing Power to submit to Law , is greater than Empire . And by the Promulgation of this present Edict , we make known to others , what we will not allow to our selves . That J. 2. had before his Departure broken the Fundamental Laws , and that now he not only ceases to Protect , but is in a Kingdom which foments and strengthens a Rebellion in Ireland , part of the Dominions belonging to the English Crown , I think no body will deny . Nor till they can answer what I have shewn of the mutual Contract , continued down from the first Erection of the Monarchy here , ought they to deny , that he has thereby broken the Original Contract which bound the People to him , and him to them . What results from this Breach , is now more particularly to be considered . That it is a Discharge from all Allegiance to him requir'd by any Law , and confirm'd by any Oaths , is evident , not only from the former Authorities , but from the Condition going along with such a mutual Contract as I have prov'd to be with us between Prince and People . Or rather , to use the Words of the Learned Pufendorf , The Obligation is not so much dissolv'd , as broken off , by the Perfidiousness of either Party : For when one does not perform that which was agreed on , neither is the other bound to performance : For the prior Heads of things to be perform'd in Contracts , are in the Subsequent by way of Condition . As if it should be said , I will perform , if you perform first . This he more fully explains in another Book , where he distinguishes between an Obligation imperfectly mutual , as he supposes it to be between an Absolute Prince and his Subjects ; and one perfectly mutual , as he takes it to be , where the People have conferr'd a Power on any Terms . Of such Obligations , he says , These , since they have a mutual respect to the things agreed on , and suppose mutual Faith ; it is evident , that if one Party violate the Faith which he plighted , the other is no more bound . And therefore he is not perfidious who stands not to those Contracts which the other has broken . For all the Heads of one and the same Contract , run into each other by way of Condition , &c. And in that Book of his , which is counted the Standard of the Law of Nations , he asserts it to be lawful for Subjects to oppose their Prince by Force ( which is a sufficient departure from Allegiance ) if he goes about modum habendi potestatem immutare ; i. e. to change that Manner in which he by the Contract enjoys the Power , from less to more Absolute . And in his Tract de Interregnis , cited above , he allows of this ; If the King abdicate all Care of the Commonwealth , becomes of an hostile Mind towards his Subjects , or manifestly departs from those Rules of Governing , upon the Observance of which , as upon a Condition , the Subjects have suspended their Obedience . Nor is the German Author Knichen less plain ; whose Words are , If the Magistrate have absolute and full Majesty , due Subjection ought by no means to be denied him , tho' he be impious : Nor may another be substituted in his room , upon his being cast out . Much less can a new Form of Government be introduc'd . But if he were constituted by the People under certain Pacts and Promises sworn to him by the People , and therefore is bound to certain Rules of Laws , and either to do or avoid things contain'd in those Contracts , whether Fundamental Laws , or things particularly concerted , ( as for Example , the Emperor in our Empire : ) They not being observ'd , but studiously , enormously , and obstinately violated ; the Hopes of Amendment , after many of the Subjects Prayers and Admonitions , plainly vanishing ; he may rightfully be remov'd by the States and People , &c. The Reason is , Because he was promoted to the Government by such Agreement , and that sworn to , according to the Laws of the Agreement or Contract : The Nature of which consists in this , That if that Party for whose Sake or Cause they are Constituted , violate them , the other Party of very Right is freed from the Observance of those things which are granted by such Laws . Nor does Philip Pareus come short of this , in his Defence of his Father David , where he speaks very particularly of the Effect of the mutual Compact . But notwithstanding the Discharge from Allegiance to J. 2. some will urge , That it continues to the Person that stands next in Blood. Against which , I doubt not but I shall offer full Evidence . For , 1. If , as I have shewn , the Promise to the King himself be Conditional , and his Interest determines by his Breach of the Condition , be the Condition precedent , in which Case no Interest is vested till Performance ; or subsequent , in which the Breach divests what before was settled ; What Interest can the Heir have in a Conditional Estate determined by Breach of the Condition ? And since it has been made appear That the Heirs of a King with us , take not as Purchasers by an O●●ginal Contract , upon which there might be some Pretence of an Interest vested in them , independent on their Father's Title ; but they who can be said to have succeeded without an immediate Choice , did it by vertue of subsequent Settlements , entirely depending upon the Original Contract , continuing down to their immediate Ancestors respectively ; If that Contract be dissolv'd , what can support the Settlement ? Can the Agreement for the Benefit of a King and his Posterity , be suppos'd to be other , than that if he govern them as King , performing the Essentials of the Contract on his part , he and his Descendents shall enjoy the Crown ? Can it be imagin'd , that this was made for the separate Benefit of the Heir , without regard to the Ancestor's Performance ? Or is it to be supposed in the nature of the thing , that the People would have made such a Contract , whereby after being justly discharged from their Allegiance to a King , and having acted pursuant thereto , they shall enable a Successor to revenge his Ancestor's Quarrel ? This were such a Contract as that which the Lord Clarendon assures us , if never so real , can never be suppos'd to be with the intention of the Contracter . And Grotius argues against a King's Power of aliening his Kingdom , from hence , that this is not to be prsum'd to have been the Will of the People in conferring the Power . And in another place he says , Right is to be measur'd according to the Will of him from whom the Right arises . 2. The Power of the King being , as Fortescue has it , and the Authorities above plainly evince , a Populo effluxa , deriv'd from the People ; and the Interest of J. 2. being determined , he yet living ; so that there can be no Heir to him , or of his Body ; What hinders the Operation of the known Rule in Law , That where there is no Remainder to take effect at the Determination of the particular Estate , it shall revert to the Donor ? Which in this Case is manifestly the People . If it be said , That this Rule shall not extend to the Descent of the Crown , which differs from Common Inheritances ; I dare say , No Man can shew any Difference , but what is more strong for the People's Choice : For whereas Common Estates are for the Benefit of them who have the present Interest , the Crown is a Trust for the Benefit of the People . 3. The Ancient Statute above-mentioned , of which the Lords and Commons mind R. 2. upon his Male-administration , says , That upon putting the King from his Throne , with the Common Assent and Consent of the Nation , for the Causes there exprest , they may set upon the Throne in his stead propinquiorem aliquem de stirpe Regia ; some body of Kin to the King , of the Royal Stock . If they were tied to the next , it certainly would have been proximum : Besides , the word aliquem shews a Latitude : And according to this , upon R. the Second's being Deposed , H. 4. claimed the Crown , Al 's descendit be ryght Lyne of the Blode comeynge fro the gude Lord Henry Therde . But because this , without consideration of his Merits in rescuing them from R. 2. entitled him to the Crown no more than another of the Blood ; therefore the Lords and Commons drew up an Instrument purporting their Election . 4. But admit , none of the foregoing Arguments were enough to shew , That upon James the Second's Abdication , or at least losing his Interest in the Government , the People of England were restor'd to that Liberty which they had before the Settlement of the Crown , which was in force till the Original Contract was broken by him ; yet , I conceive , the particular Consideration of the State of the Settlement , might afford sufficient Argument . Henry the Fourth , Fifth , and Sixth , if we believe Dr. Brady , held the Crown by Usurpation : Yet the earliest Settlement of the Crown farther than the first Son , was in the time of H. 4. Nor , as I shall shew , was the Crown enjoy'd by J. 2. under better Title than they had . H. 5. and 6. came in under an Entail of the Crown 7 H. 4. confirmed 8. The Misgovernment of H. 6. having given occasion to Richard Duke of York , of the Blood-Royal and Elder House , to assert the Peoples Rights , not his own ; Henry and the Duke , with the Consent of the Lords and Commons , came to an Agreement in Parliament , That Richard and his Heirs should enjoy the Crown after the Death of Henry . And tho' here the word Heirs is mention'd without restraint , yet considering that it is the first time that ever the Crown was settled so far , I know not whether it is not to be taken with Gomezius his Restriction , of an Usufructuary or Emphyteutical Estate ; of the last of which , much of the same nature with the other , he says , If it did not use to be granted to more than the first , second , or third Heirs , the mention of Heirs simply , ought to be restrain'd to those only ; because the Nature or Quality of the thing granted , ought to be attended to . After the Death of Richard Duke of York , his Son Edward the Fourth , as I before observ'd , took the Government upon him , as forfeited by breach of the Covenant establish'd in Parliament . However , H. 6. being set up again ten Years after , gets that Settlement by which E. 4. was to have benefit , to be revok'd , and the Crown to be entail'd on his Issue ; the Remainder to the Duke of Clarence , younger Son to the Duke of York . Afterwards E. 4. having success , revives the Settlement 39 H. 6. Only that he attaints H. 6. with others of his Party . Which Attainder was remov'd 1 H. 7. and declar'd contrary to due Allegiance , and all due Order . And not only the Attainder , but that Act of Parliament it self was revok'd . So that hitherto there had been no Title in the Heirs of Richard Duke of York , or of Edward the Fourth , but what was deriv'd under the Settlement of Henry 6. call'd an Usurper , and Edward the Fourth's Treason depriv'd him of the Benefit even of that Settlement . H. 7. indeed married the eldest Daughter of E. 4. But before that Marriage , having conquer'd Rich. 3. he claim'd the Crown : As his Words in Parliament were , Tam per justum titulum haereditantiae , quàm per verum Dei judicium , in tribuendo sibi victoriam de inimico suo ; As well by just Title of Inheritance , as by the true Judgment of God , in giving him the Victory over his Enemy . If it be ask'd , how he could have a Right of Inheritance , when the Daughter of E. 4. and his own Mother were alive ? It seems in the Judgment of that Parliament , that E. 4. having acted contrary to his Allegiance due to H. 6. he and his had lost the Benefit of the Settlement reviv'd by his successful Treason ; and that this was lost , even before the Revival was destroy'd by Parliament . And then , tho' H. 7. could not come in without an Election , yet he , as H. 4. before , might have a sort of Inheritance ; according to a very witty Author , who speaking of the Kingdom of Israel , says , Concludere licet , regnum Israelis , si stirpem spectas , haereditarium certè fuisse ; at sanè si personas , omnino electivum ; We may conclude , that the Kingdom of Israel , if you look at the Stock , was certainly Hereditary ; but if at the Persons , altogether Elective . Be this as it will , the Lords and Commons so far regarded King Henry's Claim , that they not only receiv'd him for King , but it was enacted by the Authority of the then Parliament , That the Crowns of the Realms of England and France should rest in him and the Heirs of his Body lawfully coming , perpetually ; and in NONE OTHER . When they had thus done , the Commons requested the King to Marry Elizabeth Daughter to E. 4. that by God's Grace there might be Issue of the Stock of their Kings . So that this was only to preserve the Royal Blood , not to give any new Countenance or Confirmation to his Title . H. 8. enjoy'd the Crown not as Heir to his Mother , but under the Settlement upon H. 7. Nor can it be said , that he was in by Remitter , since that Act under which his Mother should have deriv'd , was Repeal'd : And had it stood in force , yet it would not have made the Title more Sacred ; unless it can be shewn , that the Mother had a Title prior to the Act of Settlement 39 H. 6. the contrary to which appears by the former Account from Law and History . H. 8. procur'd several Settlements of the Crown , according as Love or Jealousie prevail'd in him . In the 25th of his Reign 't was settled upon himself , and his Heirs Males of his Body , lawfully begotten on Queen Anne , &c. declaring the Marriage with Queen Katherin unlawful ; Remainder to the Lady Elizabeth , Remainder to his own Right Heirs . 26 H. 8. an Oath was enjoyn'd for that purpose . 28 H. 8. the two former Acts 25 & 26. are Repeal'd , the Illegitimation of Mary Daughter to Queen Katherine is confirmed ; the like declared of Elizabeth Daughter to Queen Anne ; and the Crown entail'd upon his Heirs Males by Queen Jane , or any other Wife ; Remainder to Heirs Females by that Queen , or any other lawful Wife ; Remainder to such Person or Persons , and according to such Estates as he should appoint by Letters Patent , or by Will. 35 the Crown is settled subject to such Conditions as the King should make , according to the Power there given ; first , upon Prince Edward , and the Heirs of his Body : the Remainder , in like manner , upon the Ladies Mary and Elizabeth , and the Heirs of their Bodies successively , without taking off their Illegitimations . And the same Power is given of Disposing by Letters Patent , or by Will , as by the Statute 28. for which a memorable Reason is given in both Acts ; Lest if such Heirs should fail , and no Provision made in the King's Life , who should Rule and Govern this Realm ; for lack of such Heirs , as in those Acts is mention'd , that then this Realm should be destitute of a Lawful Governour . E. 6. succeeded according to both those Acts : After him , Queen Mary , by the last : who , at her coming to the Crown , could not be look'd on as of the Right Line , because of the Acts which Illegitimated her : But in the first of her Reign , the same Parliament takes off her Illegitimation , and Repeals the Acts 25 & 28 H. 8. And in this the Parliament seems rather to provide for the Honour of her Descent , than ( as Dr. Brady would have it ) to declare the Succession to be in Inheritance by Right of Blood. Whatever might be the secret Intention , I am sure there is no such Authoritative Declaration : And the Acts 28 & 35 H. 8. seem to say quite the contrary . 1 & 2 P. M. tho' there is no direct Settlement , it is made Treason to compass the Deprivation or Destruction of K. P. during the Queen's Life ; or of the Queen , or of the Heirs of her Body lawfully begotten . Queen Elizabeth succeeded by vertue of the Limitation 35 H. 8. and tho Bastardiz'd by the Statutes 28 H. 8. and 1 M. yet her first Parliament declare , That she is rightly , lineally , and lawfully descended and come of the Blood Royal of this Realm ; to whom , and the Heirs of her Body , the Royal Dignity , &c. are and shall be united : And enacts , That the Statute 35 H. 8. shall be the Law of the Kingdom for ever . But the Fee of the Crown not having been dispos'd of , according to the Power given by the Statute 28 , and repeated 35 H. 8. And the 25 , whereby 't was limited in Remainder to the Heirs of H. 8. being repeal'd upon the Deaths of E. 6. and the Queens , Mary and Elizabeth without Issue ; there remaining no Heirs of the Body of H. 8. in the Judgment of two Parliaments , the Realm was destitute of a Lawful Governour . Indeed , according to the Act of Recognition , 1 J. 1. the Crown came to him , being lineally , rightfully , and lawfully descended of the Body of the most Excellent Lady Margaret , the eldest Daughter of the most Renowned King Henry the Seventh , and the High and Noble Princess Queen Elizabeth his Wife , eldest Daughter of King Edward the Fourth : The said Lady Margaret being eldest Sister of King Henry the Eighth , Father of the High and Mighty Princess of Famous Memory , Elizabeth late Queen of England . Tho' this pompous Pedigree , to avoid all Objections , goes as high as E. 4. the Derivation of Title , as appears above , can be no higher than from the Settlement 1 H. 7. Nor does this Act 1 J. make any additional Provision ; but indeed seems to flatter the King into a Belief , that there was no need of any ; telling him , That they made that Recognition as the First-fruits of their Loyalty and Faith to him , and his Royal Progeny and Posterity for ever . But neither then , or ever after , till that in this present Parliament , did the People make any Settlement of the Crown , but it continued upon the same Foot as it did 1 H. 7. when it was entirely an Act of the People , under no Obligation , but from their own Wills. And if we should use Sir Robert Filmer's Authority , Impossible it is in Nature for Men to give a Law unto themselves , no more than it is to command a Mans self in a Matter depending of his own Will. There can be no Obligation which taketh State from the meer Will of him that promises the same . Wherefore , to apply this Rule : Since the People that is now , in common presumption is the same with that which first settled the Succession , and so are bound only by an Act of their own Will ; they have yet as arbitrary a Power in this Matter , as Sir Robert and his Followers contend that the Prince has , whatever Promises or Agreements he has entred into . But not to lean upon such a broken Reed ; nor yet to make those many Inferences which this plain State of the Settlements of the Crown might afford ; Three things I shall observe : 1. If the Settlement made 1 H. 7. who was an Usurper , according to the Notion of Dr. Brady and his Set of Men , was of no force ; then , there being no Remainders since limited by any Act but what are spent , of necessity the People must have had Power of Chusing , or there could have been no lawful Government since Queen Elizabeth's time , when was the last Settlement , except what is now made . 2. The Declarations of two Parliaments , 28 and 35 H. 8. fully ballance the Declaration 1 Jac. 1. if they do not turn the Scales ; considering , that the Judges in the later Times seem to have had less Law or Integrity than they had in H. the Eighth's . I will not take upon me to determine which was the Point of Two that they might go upon . 1. That a Government shall not pass by Implication , or by reason of a dormant Remainder . But there having been so many Alterations since the Settlement 1 H. 7. and the whole Fee once disposed of , nor ever any express Restitution of the Settlement 1 H. 7. the People were not to think themselves obliged to a Retrospect : 'T is evident , at least , that they did not . Or , 2. Perhaps they might question , whether they were oblig'd to receive for Kings the Issue of Foreign Princes , since there was no means of being sufficiently inform'd of the Circumstances of the Birth , neither the Common , or any Statute-Law affording any Means of proving it , as appears by the Statute 25 E. 3. which for the Children of Subjects only , born out of the King's Allegiance , in Cases wherein the Bishop has Conusance , allows of a Certificate from the Bishop of the Place where the Land in question lies , if the Mother pass'd the Seas by the King's License . But if our Kings or Queens should upon any occasion be in Foreign Parts , 't is to be presum'd , that they would have with them a Retinue subject to our Laws , who might attest the Birth of their Children , and be punish'd if they swear flalsly . Wherefore , 25 E. 3. 't is declar'd to be the Law of the Crown , That the Children of the Kings of England , ENFANTZ DES ROYS , as the Record has it , in whatever Parts they be born , be able , and ought to bear the Inheritance after the Death of their Ancestors . Yet this is most likely to be meant of those private Inheritances which any of the Kings had , being no part of the Demeasns of the Crown ; since the Inheritance of the Crown was not mentioned , nor , as has been shewn , was it such as the King's Children were absolutely entitled to in their Order . The most common acceptation of Children is of a Man's immediate Issue : As where Land is given to a Man and his Children , who can think any remote Descendants entitled to it ? Nor could it extend farther in the Settlement of a Crown . 37 E. 3. c. 10. a Sumptuary Law was made , providing for the Habits of Men according to their Ranks , and of their Wives , and Children , ENFANTZ , as in the former Statute of the same Reign . Now altho' this should extend to Childrens Children born in the same House , it could never take-in the Children of Daughters , forisfamiliated by Marriage ; nay , nor those of such Sons as were educated in a distinct Calling from their Parents . Farther , the very Statute of which the Question is , cuts off the Descendants from Females out of the number of a King's Children , when among other Children not of the Royal Family , it makes a particular Provision for Henry Son of John Beaumond , who had been born beyond Sea ; and yet Henry was by the Mothers Side in the Fourth Degree from H. 3. for she was Daughter to Henry Earl of Lancaster , Son of Edmund , Son to H. 3. Had this Henry been counted among the Children of a King , 't is certain there had not been a special Clause for him , among other Children of Subjects . Nor does the Civil Law differ from ours in this Matter ; for tho' under the name of Children are comprehended not only those who are in our Power , but all who are in their own , either of the Female Sex , or descending from Females ; yet the Daughter's Children were always look'd on as out of the Grandfather's Family , according to the Rule in Civil Law , transcribed by our Bracton , They who are born of your Daughter , are not in your power : And Privileges derogating from Publick Vtility , were never thought to reach them , as a Learned Civilian has it . A Daughter is the End of the Family in which she was born , because the Name of her Father's Family is not propagated by her . And Cujacius makes this difference between Liberi , and Liberi sui ; sui , he says , is a Legal Name , the other Natural : The former are only they who are in a Man's Power , or of his Family ; and Liberi , strictly taken , he will have to go no farther . But in truth , considering the Purview of the Statute which we are here upon , Children in it seems to be restrain'd to Sons and Daughters , without taking in the Descendants from either ; the Occasion of the Law being the Births of several ENFANTZ in Foreign Parts , which could be but Sons or Daughters to the immediate Parents , whether Kings or Private Persons . 4. But however , this may be enough for my purpose , that there is no colour of any Settlement in force , but that 1 H. 7. and admitting that to have continued till J. 2. had broken the Original Contract , yet that being broken , the present Assembly of Lords and Commons had full as much Authority to declare for King WILLIAM and Queen MARY , as the Parliament 1 H. 7. had to settle the Crown : For H. 7. could give them no Power but what he had received immediately from them . Nor is it material to say , He was Crown'd first ; since , as I have shewn , the Crown confers no Power distinct from what is deriv'd either from an immediate or prior Choice . 3d. The Power having upon the Dissolution of the Contract between J. 2. and his former Subjects , return'd to the People of Legal Interests in the Government , according to the Constitution , there can be no doubt with unbyass'd Men , but this takes in them only who have Right of being in Person , or by Representation , in those Assemblies where is the highest Exercise of the Supreme Power . But there are two Extremes opposite the to late Election made by such an Assembly . The first is of them who would have all things go on in the same Form as under a Monarch , which was impossible ; and therefore the Supreme Law , the Publick Safety , must needs supply the want of Form , nor can be justly controverted , till the Lawfulness of the End is disprov'd : For all Means necessary to such an End are allowable in Nature , and by all Laws . But if this should still be disputed , all their darling Laws made by the Long Parliament , which met after that Convention Anno 1660. will fall to the Ground , according to the strict Application of the Statute above-mentioned , 16 Car. 1. nay , the Attempt of Repealing that Statute , being in a Parliament which had been actually dissolv'd before , by that very Law which it went about to Repeal , that Form which was usual before , is , in default of King and Officers , supplied by another Provision , for the Regular Meeting of Lords and Commons . And what hinders , but the People had as much Power to vary from the common Form , when there was no King , and that Form could not be observ'd , as when there was a King , and a possibility of having that Form ? Others suppose , the Consequence of a Dissolution of this Contract to be a meer Commonwealth , or absolute Anarchy , wherein every body has an equal Share in the Government , not only Landed Men , and others with whom the Ballance of the Power has rested by the Constitution , but Copy-holders , Servants , and the very Foeces Romuli , which would not only make a quiet Election impracticable , but bring in a deplorable Confusion . But this Dilemma they think not to be answer'd : Either the old Form , as under a Monarch , remains , or it does not : If it does , the late Action of the Lords and Commons was irregular : If it does not , all the People are restor'd to their Original Rights , and all the Laws which fetter'd them are gone . Here we must distinguish upon the word Form ; for if it be taken of the Form of Proceedings or Administration , 't is no Consequence that the Form of Government or Constitution should fail , because we admit that the other does . Mr. Hobbs indeed holds , That when a Monarch for himself and his Children has left a Kingdom , or renounces it , the Subjects return to their absolute and natural Liberty . Whom the Learned Pufendorf thus answers . They who have once come together into a Civil Society , and subjected themselves to a King , since they have made that the Seat of their Fortunes , cannot be presum'd to have been so slothful , as to be willing to have their new Civil Society extinct , upon the Death of a King , and to return to their Natural State and Anarchy , to the hazarding the Safety now settled . Wherefore when the Power has not been conferr'd on a King by Right of Inheritance , or that he may dispose of the Succession at pleasure , it is to be understood to be at least tacitly agreed among them , That presently upon the Death of a King they shall meet together , and that in the Place where the King fix'd his Dwelling . Nor can there well be wanting among any People some Persons of Eminence , who for a while may keep the others in order , and cause them as soon as may be to consult the Publick Good. The Author of a late Paper in relation to these Times , has this Passage , not to be neglected . All Power is originally or fundamentally in the People , formally in the Parliament , which is one Corporation , made up of three constituent essentiating Parts , King , Lords , and Commons ; so it was with us in England : When this Corporation is broken , when any one essentiating Part is lost or gone , there is a Dissolution of the Corporation , the formal Seat of Power , and that Power devolves on the People : When it is impossible to have a Parliament , the Power returns to them with whom it was originally . Is it possible to have a Parliament ? It is not possible ; the Government therefore is dissolv'd . Hence he would argue a necessity of having a larger Representative of the People , that the Convention may be truly National . But had this Ingenious Person observ'd Pufendorf's two distinct Contracts , by the first of which a Provision was made for a Monarchy before any particular Person was settled in the Throne , he would have found no such necessity : But if immemorially the People of England have been represented as they were for this Assembly , and no needful Form or Circumstance has been wanting to make the Representation compleat , all Men who impartially weigh the former Proofs of Elections not without a righful Power , must needs think the last duely made . Dr. Brady indeed , with some few that led him the Dance , and others that follow , will have the present Representation of the Commons of England to have been occasion'd by Rebellion , 49 H. 3. But I must do him the Honour to own him to be the first who would make the Barons to have no Personal Right , but what depends upon a King in being ; for he allows none to have Right of coming to Parliament , but such only to whom the King has thought fit to direct Writs of Summons : Yet , I dare say , no Man of sense , who has read that Controversie , believes him . But were his Assertion true , it might be granted , that the Barons would have no more Personal Right to be of any Convention , upon the total Absence or Abdication of a King , than they would have of coming to Parliament without his Writ . Yet since the Right of the People in Person or Representation , is indubitable in such a Case , what hinders the Validity of the late Choice , considering how many Elections of Kings we have had , and that never by the People diffusively since the first Institution of the Government ? And the Representations agreed on ( tho' I take them to be earlier settled for Cities and Burrough , than for the Freeholders in the Counties ) yet have ever since their respective Settlements been in the same manner as now ; at least , none have , since the first Institution , ever come in their own Persons , or been Electors , but what are present , personally or representatively , and their own Consent takes away all pretence of Error . If it be said , That they ought to have been summon'd Forty days before the Assembly held ; That is only a Privilege from the King , which they may wave , and have more than once consented to be represented upon less than Forty days Summons . Mr. Prynne gives several Instances , as 49 H. 3. 4 E. 3. 1 H. 4. 28 Eliz. and says , he omits other Precedents of Parliaments summon'd within Forty days after the Writs of Summons bear date , upon extraordinary Occasions of Publick Safety and Concernment , which could not conveniently admit so long delay . And Sir Robert Cotton , being a strict Adherer to Form , upon an Emergency advis'd , That the Writs should be antedated : which Trick could make no real difference . To say , however , there ought to have been a Summons from or in the Name of a King in being , is absurd ; it being for the Exercise of a Lawful Power , which , unless my Authorities fail , the People had without a King , or even against the Consent of one in being . Besides , it appears , That such Summons have not been essential to the Great Councils of the Nation . Tacitus shews , That the Germans , from whom we descend , had theirs at certain Days , unless when some extraordinary Matter hapned . And by the Confessor's Laws , receiv'd by W. 1. and continu'd downwards by the Coronation-Oaths requir'd , to this very day , the general Folcmot ought to be held annually , without any formal Summons , upon May-day . And the Statute 16 Car. 1. which our rigid Formallists must own to be in force , has wholly taken away the necessity of Writs of Summons from a King. The Assembly of Lords and Commons held Anno 1660. was summon'd by the Keepers of the Liberties of England , not by the King's Writs ; yet when they came to act in conjunction with the King , they declare , enact , and adjudge , ( where the Statute is manifestly declaratory of what was Law before ) That the Lords and Commons then sitting , are and shall be the Two Houses of Parliament , notwithstanding any want of the King 's Writ or Writs of Summons , or any defect or alteration of or in any Writ of Summons , &c. Tho' this seems parallel to the present Case , yet in truth ours is the strongest : For the King then having been only King de jure , no Authority could be receiv'd from him , nor could any Act of his be regarded in Law , thro' defect either of Jurisdiction or Proof , if not both : Accordingly , as not only the Reason of the thing , but the Lord Coke shews , a Pardon from one barely King de jure , is of no force . Besides , the Keepers were an upstart Power , imposing themselves upon the People without any formal Consent , at least not so fully receiv'd to the publick Administration as our present King was , who at the Request of a very large Representative of the People , pursu'd the late Method of calling a more Solemn Assembly . If that Anno 1660. had Power , acting with the King , to declare it self a Parliament ; why had not this , in defect of a King , to declare or chuse one ? Sure I am , prudent Antiquity regarded not so much the Person calling , or the End for which a General Council was call'd , as who were present ; that Notice which they comply'd with , being always sufficiently formal . Wherefore a General Ecclesiastical Council being summon'd in the Reign of H. 1. by William Archb. of Canterb. thither , according to the known Law of those Times , the Laity came : I cannot say , they sate there ; for the Numbers were so great , as they commonly were at such Assemblies before the Free-holders agreed to Representations , that happy was the Man , whatever his Quality , who could have a convenient Standing . After the Ecclesiastical Matters were over in the Council I now speak of , they fell upon Secular : Some they determin'd , some they adjourn'd , some the Judges of the Poll or Voices could make nothing of , by reason of the great Crowd and Din. And when the King heard their Determinations , and confirm'd them , they had full Legal Force . But had there been no Warrant from former Times , for the late manner of Proceeding , the People of Legal Interests in the Government having been restor'd to their Original Right , who can doubt , but they had an absolute Power over Forms ? That they were not call'd to a Parliament , I hope will not be an Objection , since the Word is much less ancient than such Assemblies : And since the Cives , the Common Subject of the National Power , have made their Determination , this , according to that Positive Law which I have shewn above , ought to quiet the Debate , and command a Submission : And yet were there not positive Law on their side , the equitable Reservations before observ'd might be sufficient Warrant . Nor is the Civil Law wanting to enforce this Matter . One Barbarius , a run-away Servant , not known to be so , got in favour with Anthony at the time of the Triumvirate , and by his means came to be Praetor ; upon this a great Question arose , Whether what he did , or was done before him during his Praetorship , were valid ? Vlpian decides in the affirmative ; and Hottoman upon that Question says , " The Suffrages of the People have the force of a Law. The Reasons given for the Resolution , as they are in Gotofred , who best reconciles the various Readings , will greatly strengthen our Case . He tells us , That tho' the Question there is only concerning a Servant , the Reason of it reaches to Emperors , and all Secular and Ecclesiastical Dignities . The Reasons why Vlpian holds the Acts of such good , are , 1. In regard of Common Utility , and the Inconvenience it would be to those who had business before him , if it were otherwise . 2. From the Power of the People to give a Servant this Honour . Gotofred thinks , If this may be done with certain knowledge that he was a Servant , much more if thro' mistake ; for if the People , who have the Supreme Power , may with certain knowledge , for the sake of the Publick Good , not only design a Servant for Praetor , but in this Case , by a just Election , take a Servant away from his Master ; how much more may it be done as in the Case propounded , not to make a Servant wholly a true Praetor , not to take him from his Master ; but only by a commodious Interpretation , to have what is done by him , or with him , sustain'd ; and that so long the Error of the People , and Servitude of the Person chosen , should not prejudice what is done ? Gotofred goes yet further , and says , Magistrates and Judges constituted by Tyrants , the Manner of Judgments being kept , and things done according to Form of Law , or transacted according to their Wills , have been held good . And yet in this Case the Defect seems greater , being the Power is collated by one inhabil , and so a substantial Form is wanting : Wherefore in this part there seems no difference between the Inhability of the Elector , or the Elected . And if ever the Common Utility or Publick Good , might warrant Actions out of the common Course , certainly this could never have been pleaded more forcibly than in the Case of this Nation ; which , unless it had declared for King WILLIAM and Queen MARY ( which they did in the most regular way that the Nature of the Thing would bear ) had in all likelihood , by French Forces , by this time been reduc'd to the miserable Condition of the poor Protestants in Ireland , who are by no means beholden to the nice Observers of unnecessary , and impracticable Forms . I cannot think that I have followed Truth too nigh at the Heels for my Safety in the present Government , which I take to be built upon this stable Foundation ; and that Protestant fondly flatters himself , who thinks to retain his Religion and Security upon any Terms , at a return of the former , which some , who were Instruments in setting up this , seem madly to contend for . But could Men hope to find their private Accounts in such a Change , yet surely the dismal Prospect of Common Calamities to ensue , should induce them to sacrifice such low Ends to the Interest of their Religion and their Country . I am not sensible that I have misrepresented any Fact or Authority , tho' I have not urg'd them with that strength which might have been by a better Pen. Perhaps what I have offer'd may give another Notion of the Succession , than what many have imbib'd , who will think I violate what is Sacred . I have not urg'd the Illegitimation of the Children of E. 4. by Richard the Third's Parliament , because , tho' he was a King de facto , if the Character fix'd on him be true , he was a Tyrant , as well as Usurper upon the innocent Prince E. 5. in whose Name he first took the Government upon him , and either terrified or cheated the People into a Compliance with his Pretences . Tho' I have not the vanity to believe , that any thing of my own can weigh with them who have thought otherwise before ; especially if they have listed themselves on a Side contrary to that , which no Disadvantages can make me repent of : Yet I cannot but hope , that the Authorities which I have produc'd , will occasion some Consideration , till they are either evaded , or disprov'd . And being all Legal Objections are answer'd , nor can any Scruple of Conscience be here pretended , without , much less against Law ; What hinders , but that we should exert our utmost , in the Service of that Lawful Government from which we receive Protection , and may expect Rewards for Vertue , at least the Defence of it , if we do not strengthen the Hands of them who have hitherto made that the greatest Crime ? Wherefore , for us now to look back , after we have set our Hands to the Plough , would be not only to distrust that Providence which has given such a wonderful Encouragement to Perseverance ; but were enough to tarnish all our Actions with the Imputation of making the Publick Interest a Pretence for carrying on our own . 'T is an happiness indeed when they are twisted and thrive together : But the Cause is such as a Man ought not to fear to die , nay , to starve for it . And how improsperous soever a Man's Endeavours for this may prove , yet it may be a Comfort to have sown that Seed which may grow up for the Benefit of future Ages . Nor ought he to repine , because another Man hath gilded over his Name by what he has got by the Ruine of his Country , or may have insinuated himself again into Opportunities to betray it : Let it be enough for him , how much soever slighted and contemn'd while he lives , to embalm his Memory , by a steadiness to Truth , and the Interest of his Country , not to be shaken by cross Accidents to himself , or the Publick Cause . Let him still act uniformly , while others live in perpetual Contradictions or Varieties ; their Actions and their Principles thwarting themselves , or each other , or varying with the State-Weathercocks . Let them violate the Laws , out of Loyalty ; unchurch all Protestant Churches but their own , out of Zeal against Popery ; narrow the Terms of Communion , to spread the National Religion ; confine all Advantages to that Communion , for the Publick Good ; make their King the Head of a Party , to strengthen his Hands against his Enemies ; deliver up Charters , and retake them gelt of their Noblest Privileges , in performance of their Oaths to preserve them ; fight against their King , and yet urge the Obligation of Oaths requiring an unalterable Allegiance to his Person ; assert that the Power is inseparable from him , and yet may in his absence , without his Consent , be transferr'd to a Regent , not to be reassum'd when he should think fit to return ; grant that he has broken the Contract , yet contend that he retains that Power which he receiv'd from the Contract ; or that , tho' the Contract is broken , the Throne is not vacant ; or , if it be vacant , yet an Heir has a Right ; and so it is vacant , and not vacant , at the same time : Or that after one has broken a Condition , upon which he took an Estate to himself and his Heirs in Fee-simple or Tail , another shall enjoy it as Heir to him , and that in his Life-time ; invite a Deliverer , yet reject the Deliverance . Upon such Principles as these , I find an eminent English Prelate censur'd as a Deserter of his Church , for going about , according to his great Learning , to justifie the Oaths taken to the present Government : And thus the Cause of J. 2. is made the Cause of the Church of England . Certain it is , whatever is now pretended , 't is more difficult to justifie the taking up , or promoting Arms against a Deliverer , than an Oppressor . And if Arms against the last were lawful , even with the Prospect of involving Thousands in the Miseries of War ; much more are they , in Defence of that Power which has restor'd those Liberties which the other invaded , and reassur'd the Publick Peace . And whoever first engag'd , and now draw back , not only brand themselves for Traitors , but make it evident , that Ambition , Revenge , or some ungenerous Design , animated their Undertakings . And as I doubt not but they will meet with their due Reward ; perhaps that Success which Nostredamus and others foretel to our present King , may go further with such Men , to keep them to their Duty , than the most demonstrative Proofs of Right , which they generally measure by the Event . And as no Cause or Action is Just in their Eyes , which is not Prosperous ; they , in the Language of the Poet , are always on the Side of the Gods : But few are in this Point such Philosophers as Cato . REMARKABLE PREDICTIONS OF Nostredamus . Nostredamus . GAnd & Bruxelles marcheront contre Anvers , Senat de Londres mettront a mort leur Roy : Le Sel & Vin luy seront a l' envers , Pour eux avoir le Regne au desarroy . Le Sang du Juste a Londres fera faute , Bruslez par foudres de vingt trois les six : La Dame antique cherra de place haute , De mesme secte plusieurs seront occis . Le grande Peste de cité maritime , Ne cessera que Mort ne soit vengée , Du juste sang par prix damné ( fans crime , De la grand Dame par feinte n'outragée . Du Regne Anglois le digne dechasse , Le Conseiller par ire mis a feu , Ses adherans iront si bas tracer , Que le Bastard sera demy receu . Les deux malins de Scorpion conjoincts Le grand Seigneur meurdry dedans sa salle , Peste a l' Eglise par le nouveau joinct , L' Europe basse , & Septentrionale . La saeur aisnée de l' Isle Britanniqne , Quinze ans devant le frere aura naissance ; Par son promise moyennant verifique , Succedera au Regne de Balance . Un Prince Anglois Mars a son coeur du Ciel , Voudra pour suivre sa fortune prospere : Des deux duelles l' un percera le fiel , Hay de luy , bien aymé de sa Mere. De l' Aquilon les efforts seront grands , Sur l' Ocean sera la Porte ouverte , Le Regne en l' Isle sera reintegrand , Tremblera Londres par voile discoverte . L' Occident libre les Isles Britanniques Le recogneu passer le bas , puis haut , Ne content triste Rebel corss Escotiques Puis rebeller par plus & par nuict chaut . La stratagemé simulte sera rare La mort en voye rebelle par contrée : Par le retour du Voiage Barbare Exalteront la Protestant entree . Veut chaut , conseil , pleurs , timidité , De nuict assailly sans les arms : D' oppression grand calamité , L' Epithalame converty pleurs & larmes . Le chef de Londres par Regne l' Americh L' Isle d' Escosse tempiera par gelée : Roy Reb. auront un si faux Antechrist , Que les mettra trestous dans la meslée . Dedans les Isles si horrible tumulte Rien on n'orra qu'une bellique brigue , Tant grand sera des predateurs l' Insult , Qu'on se viendra ranger a la grand ligue . La Cité franche de liberté fait serve , Des proffligez & resueurs fait asyle . Le Roy changé a eux non si proterue , De cent seront devenus plus de Mille. Norvege & Dace , & l' Isle Britannique , Par les unis Freres seront vexees : Le chef Romain Issu du sang Gallique , Et les Copies aux forests repousees . Prelat Roial son baissant trop tiré , Grand Flux de Sang sortira par sa bouche , Le Regne Anglique par Regne respire , Long temps mort vif en Tunis comme souche . Trente de Londres secret conjureront , Contre leur Roy , sur le pont l' Enterprise : Luy Satellites la mort desgouteront . Un Roy esleu blond & natif de Frize . Le blond du nez forche viendra commetre , Par le Duel & chassera dehors : Les Exiles dedans fera remettre , Aux lieux marins commettans les plus forts . Celuy qui la Principauté , Tiendra par grande cruauté , A la fin verra grand Phalange , Par coup de feu tres dangereux . Par accord pourroit faire mieux , Autrement boira Suc d' Orange . Un dubieux ne viendra loing du regne , La plus grand part le voudra soustenir , Un Capitole ne voudra point quil regne , Sa grande chare ne pourra maintenir . Regne en querelle aux fieres deuisé , Prendre les armes & le nom Britannique , Tiltre Anglican sera tard advise , Surprins de nuit , mener a l' air Gallique . Le Successeur vengera son Beau-frere , Occuper Regne souz ombre de vengeance , Occis obstacle son sang mort vitupere , Long temps Bretagne tiendra avec la France . De Dueil mourra l' infelix profligé , Celebrera son victrix l' Hecatombe , Pristine Loy franc Edict redigé , Le Mur & Prince septiesme ibur au tombe . Le gros Mastin dé Cité dechasfé , Sera fasché de l' estrange Alliance , Apres aux Champs avoir le Cerf chassé , Le Loup & l' Ours se donront defiance . Le Grand Bretagne comprise d' Angleterre , Viendra par eaux si haut innonder , La Ligue neve d' Ausone fera guerre , Que contre se viendront bander . De plus grand perte novelles rapportées , Le raport fait le camp s'estonnera , Bandes unies encontre revoltées , Double Phalange , grand abandonnera . La grand Copie qui sera dechassée , Dans un moment fera besoign au Roy , La Foy promise de loing ser fausée Nud se verra en piteux desarroy . Prest a combattre fera defection , Chef Adversaire obtiendra la victoire , L' arriere garde fera defension Les defaillans morts au blanc terretoire . L' Armée de Mer devant Cité tiendra , Puis partira sans faire longue allée , Citoyens grande proye en Terre prendra , Retourner classe reprendre grand emblée . La gent esclave par un heur Martial , Viendra en haut degré tant eslevée , Changeront Prince , naistra un Provincial , Passer la Mer , copie aux Monts levée . Les Exiles , par ire , haine intestine , Feront au Roy grand Conjuration : Secret mettront ennemis par la mine Et les vieux siens , contre eux Sedition . Le Lyon jeune le vieux surmontera , En champ bellique par singulier Duelle , Dans cage d' or les yeux luy creuera , Deux playes une puis mourir mort cruelle . Pres d' un grand Pont de plaine spatieuse , Le grand Lyon par forces Cesarées , Fera abatre hors Cité rigoureuse , Par effroy partes luy seront reserrées . Le grand Neptune du profond de la Mer , De sang Punique & sang Gaulois meslé : Les Isles a sang pour tardif ramer , Plus luy nuira que l'occult mal celé . Des condamnez sera faict un grand nombre , Quand les Monarques seront consiliez ; Mais l'un d'eux viendra si mal encombre , Que guere ensemble ne seront raliez . Un jour seront d'amis les deux grands Maistres , Leur grand pouvoir se verra augmenté , La Terre neuve sera en ses hauts estres , Au sanguinaire le nombre raconté . Romain pouvoir sera du tout abas , Son grand Voisin imiter les vestiges , Occultes haines civiles , & debates Retarderont aux boufons leur folies . Apres viendra des extremes Contrées , Prince Germain dessus Throsne d' Oré , La Servitude & les Eaux rencontrées , La Dame serve son temps plus n'adoré . Milan , Ferrare , Turin , & Aquileye , Capne , Brundis , vexez par gent Celtique , Par le Lion & Phalange Aquilée , Quand Rome aura le Chef vieux Britannique . Le grand Celtique entrera dedans Rome , Menant amas d'exilez & bannis , Le grand Pasteur mettra a mort tout homme , Qui pour le Coq estoient aux Alpes unis . De sang Trojen naistra coeur Germanique , Qui de viendra en si haute puissance , Hors chassera gent estrange Arabique , Tornant l' Eglise en pristine préeminence . L' An que Saturne hors de Servage , Au franc terroir sera d' eau mondé . De sang Troyen sera son mariage , Et sera seur d' Espagnols circondé . Les second Chef du Regne Dannemark , Par ceux de Frize & l' Isle Britannique , Fera despendre plus de cent mille marc , Vain expoicter Voyage en Italique . Dresser Copie pour monter a l' Empire , Du Vatican le sang Royal tiendra , Flamens , Anglois , Espagne aspire , Contre l' Italie & France contendra . Long temps sera sans estre habitée , Ou Siene & Marne au tour vient arrousser , De la Thamise & Martiaux tentée , De ceus les gardes en cui dant repousser . Bourdeaux , Roüen , & la Rochelle joints , Tiendront autour la grand Mer Occeane , Anglois-Bretons , & les Flamans conjoints , Les chasseront jusque aupres de Rouane . Du plus profond de l' Occident Anglois , Ou est le chef de l' Isle Britanique , Entrera classe en Gyronde par Blois , Par Vin & Sel feux cachez aux barriques . L' Entrée de Blaye par Rochelle & l' Anglois , Passera outre le grand Aemathien : Non loing d' Agen attendra le Gaulois , Secours Narbonne deceu par entretien . L' Aemathien passer Monts Pyreneés , En Mars Norbone ne fera resistance , Par Mer & Terre fera si grand menée , Cap n'ayant Terre secure pour demeurance . Le grand conflict qu'on apreste a Nancy , L' Aemathien dira tout je submets , L' Isle Britanne par Sel en Solcy , Hem. mi. deuz . Phi. long temps tiendra Mets. La grand Empire sera tost translaté En lieu petit qui bien tost viendra croistre , Lieu bien infime d' exigue Comté Ou au milieu viendra poser son Scepter . Le grand Empire sera par l' Angleterre , Le Pempotam des ans plus de trois cens , Grandes copies passer par Mer & Terre , Les Lusitains n'en seront pas contens . Euge Tamins , Gironde & la Rochelle , O sang Trojen mort au Port de la flesche : Derrier le Fleuve au Fort mise l' eschelle , Pointes feu , grand meurtre sur la bresche . Romain Pontife garde de t' aprocher , De la Cité que deux Fleuves arrouse : Ton sang viendra aupres de la cracher , Toy & les tiens quand fleurira la Rose . Regne Gaulois tu seras bien changé En lieu estrange est translaté l' Empire , En autres moeurs & Lois seras rangé , Roan & Chartres te feront bien du pire . Quand le plus grand emportera le prix , De Nuremberg d' Ausbourg , & ceux de Basle : Par Agrippine Chef de Frankfort repris , Traverseront par Flandres jusqu'en Gale. Les long cheveux de la Gaule Celtique , Accompagnez d' Estranges Nations , Mettront captif l' Agent Aquitanique , Pour succomber a leurs intentions . Fleuve qu'esproune le nouveau nay Celtique , Sera en grande de l' Empire discorde : Le jeune Prince par gent Ecclesiastique , Le Sceptre osté Corona de Concorde . Fleuve Celtique changera de Rivage , Plus ne tiendra la Cite d' Agripine Tout transmué ormis le viel Language , Saturn , Leo , Mars , Cancer , en rapine . En grande regret sera la gent Gauloise , Coeur vain , leger croira temerité , Pain , Sel , ne Vin , Eau , venin ne Cervoise , Plus gran captif , faim , froid , necessité . Des gens d' Eglise sang sera espanché , Comme de l' eau en si grande abondance , Et d' un long-temps ne sera restranché , Veve au Clerc , ruyne & doleance . Le Roy voudra dan cité nefve entrer , Par ennemis expugner l' on viendra : Captif libere faulx dire & perpetrer , Roy de hors estre , loin d' ennemis tiendra . Pour ne vouloir consentir au devorce , Qui puis apres sera cogneu indigne : Le Roy des Isles sera chassé par force , Mis a son lieu qui de Roy n' aura signe . Tant attendu ne reviendra jamais , Dedans l' Europe , en Asie apparoistra : Un de la ligue yssu du grand Hermes , Et sur tous Roys des Orients croistra . Comme un Cryphon viendra le Roy d' Europe , Accompagne de ceux d' Aquilon : De rouges & blancs conduira grand troppe , Et iront contre le Roy de Babylon . Nostredamus . BRusles and Gand ' gainst Antwerp Forces bring ; And London's Senate put to Death their King. The Salt and Wine not able to prevent That Warlike Kingdom 's universal Rent . The Blood o' th' Just burnt London rues full sore , When to thrice Twenty , you shall add Six more . The Ancient Dame shall fall from her high Place , And the like Mischief others shall deface . From the Sea-Town the Plague shall not retire , Until the Vengeance of that Blood by Fire . The Just condemn'd on Accusations feign'd , And the Great Dame by impious Men profan'd . The Worthy Banish't from the English Realm , Anger shall burn in those that sit at Helm . Th' Adherents shall become so tame , so griev'd , The Bastard shall at least be half Receiv'd . When the two Scorpionists conjoin'd shall be , The Great Turk murder'd in his Hall you 'll see . A King new-join'd the Churches Plague shall prove ; And Europe low , t' a Northern Corner move . The Eldest Sister born to th' British Throne , Full Fifteen Years before a Brother known : Possest of the large Promises of Fate , Takes the Succession to the Ballance-State . An English Prince Heav'n did with Heart endue , Shall come his prosp'rous Fortune to pursue : Who had his Mother's Love , altho his Hate , I' th' second Combate from him takes his Fate . The Efforts from the North shall mighty be , And the Port open as they pass the Sea : The Kingdom in the Isle again prevails ; And London trembles at discover'd Sails . The West shall the Britannick Islands free : The Recogniz'd from Low takes High Degree . Scotch discontented Pyrats shall Rebell , In a hot Night , when Rains the Waters swell . See a strange Stratagem ! The Rebel's Death By Contraries gives to their Cause new Breath : By barb'rous Voyage back agen it spreads , The Protestants at th' Entry raise their Heads . Hot Wind , cold Counsels , Weeping , Panick-Fear , Assault by Night in Bed , no Army near ; Oppression great Calamity do's raise : Fears and Alarms transform the Bridal-days . The Chief of London by Americ Reign , Shall of a nipping Scottish Frost complain . King , Reb. so false an Antichrist shall have , As shall occasion Victims for the Grave . Within the Isles shall mighty Tumults come , All Musick yielding to the Martial Drum. Th' Assailants shall such a brisk On-set make , That all to the Great League themselves betake . The City made a Slave , of one so Free , Shall the Assylum of the Banish't be . The King would gladly change his froward Mind , When he 100 shall 1000 find . Norway and Dacia , with the British Shore , Shall the United Brothers vex full sore . The Roman Chief , proceeding from French Blood , Shall have his Forces driven to the Wood. The Royal Church-man bowing's Head too low , A Bloody Torrent from his Mouth shall flow . The English Realm by ' nother Realm respires ; From Death in Slavery , that , Life , inspires . Thirty on London-bridge seek the King's Death ; The Guards shall make him pine away his Breath . This Scene of Things remov'd , a brown-hair'd King Shall there be chose , who did from Frtezland spring . The Brown-hair'd coming with Hawk-nose to Fight , Shall put his baffl'd Enemy to flight ; The Exiles to the Land he shall restore , Placing the Stoutest of them next the Shore . He who the Principality shall hold , By Cruelty indecent to be told , At last shall see a mighty Army rang'd , And his Condition into dang'rous chang'd . 'T were better fairly to agree the Thing , Lest him to 's Fate the Juyce of Orange bring . One dubious , not from far , shall come to Reign ; The greater Party shall his Side sustain : This by the Great One , tho' it be withstood , He can't maintain the Title of his Blood. A Kingdom betwixt Brothers in Contest ; With whom the British Arms and Name should rest : The English Title shall be late advis'd , Into French Air see one by Night surpriz'd . The Successor aveng'd of 's Brother'n Law , Whom that Pretence to take the Crown did draw , The Obstacle being slain , his Blood shall slight ; Britain shall long with treach'rous France unite . Th' Unhappy driv'n away , for Grief shall die ; A Woman celebrates the Victory . The Ancient Law and Edict Freedom have , The Wall and the Sev'nth Prince shall find a Grave . The City the great Mastiff forc'd to leave , Shall at the wonderful Alliance grieve ; Tho' he has made the tim'rous Hart to fly , The Wolf and Bear shall yet his Pow'r defie . Great Britain as compris'd in England known , Shall with an Inundation be o're-flown ; The New Ausonian League shall offer War , To all that to unite against it dare . While thro' the Camp the mighty Losses ring , The News shall Terror to the Soldiers bring : Into Revolt whole Troops and Squadrons run ; The Great One leaves them , seeing he 's undone . The King shall find the Want approaching near Of all the Forces which he did cashiere . The Faith shall fail which long had promis't been ; Forsaken and distrest he shall be seen . Just upon Fighting shall Defection be ; The Adverse Chief obtains the Victory : The Rere-Guard stand : Death follows them that run : In the White Territory this is done . The City shall the Naval Force obey , That shall return after a little stay . The Citizens a Prize at Land shall gain ; The Fleet for a new Lading comes again . A Land enslav'd shall in a Martial Hour See its self rais'd to high Degree of Pow'r ; Their Prince they 'll change , and a Provincial mounts , Passing the Seas with Forces rais'd near Monts . Exiles by Hatred and intestine Ire , Against their King successfully conspire : The Foes in secret carry on the Mine , And his old Friends help forward the Design . The Elder Lion to the Young shall yield , By single Duel in the Martial Field ; He in a Golden Cage shall lose his Eyes : Two Navies ; one shall cruel Death surprize . Near to the Bridge , upon a spacious Plain , The Lion shall Caesarian Force maintain ; Their Pride without the City he 'll abate ; Himself brought in with Crouds within the Gate . To the great Neptune of the spacious Sea , In whom French Blood and Punique Faith agree , To try at last in Blood the Isles to drown ; More hurt than from the secret Ill is known . Of the Condemn'd shall be a dismal Sight , When in the same Design Monarchs unite . One shall be so incumbred in 's Affairs , They shan't be able to be join'd in Wars . One day the two Grear Masters shall combine , And find themselves advanc't in their Design : The New Land to its Altitude shall rise , The Number shall the Bloody-one surprise . The Roman Pow'r shall kiss the lowly Ground , And its Great Neighbour the like Chance confound . Secret Debates , and Civil Discords , soon Shall stop the Follies of the poor Buffoon . After a German Prince does come from far , Carried aloft upon a Golden Car , With Servitude and Waters in his Way : The Dame shall serve , and none her Pow'r obey . Millain , Ferrare , Turin , and Aquilee , Capne and Brundis sorely vex't shall be , By th' Eagle , Lion , and the Celtiques join'd , And a Britannick Head Rome then shall find . The Celtique Hero with a great amass Of banish't Worthies into Rome shall pass ; And the Great Pastor shall to Death consign All nigh the Alps , who with the Cock shall join . From Trojan Blood shall come a German Heart , Who to so high Degree of Pow'r shall start , That the Arabian Strangers he shall chase , And to the Church restore its pristine Grace . The Year that Saturn's out of Servitude , The Free Land shall be cover'd with a Flood : With Trojan Blood in Marr'age he 's ally'd , And shall be safe with Spaniards on his Side . The second Chief of the rough Danish Soil , With those of Frieze , and the bold British Isle , Shall cause 100 000 Marks to be Spent in a Voyage into Italy . The Royal Blood shall Forces raise to gain Th' expected Empire of the Vatican : Flemings , and English , with the Spaniard joyn'd , ' Gainst Italy and France shall be combin'd . Long uninhabited shall be the Place Which Sein and Marne with watry Arms embrace : Assaulted by the Tbames , and Warriors bold ; Their Force not by the Guard to be controll'd . Burdeaux , Roan , Rochel , joyning all their Force , Upon the spacious Ocean take their Course : The English-Britans and the Flemings joyn'd , Shall chase them up to Roan as Clouds with Wind. From farthest Westward of the English Soil , Where is the Chief of the brave British Isle , A Fleet into the Garonne comes by Blay ; France to hide Fire in Barrels , shall essay . Th' English shall pass by Rochel into Blay , The Great Aemathien leading them the Way : Not far from Agen he the French shall meet , The Help from Narboun fails them by deceipt . Th' Aemathien o're the Pyrenaeans goes , Narboun in War dares not his Way oppose : By Sea and Land he with such Pow'r shall ride , The Cap shall want a Place where to abide . Near Nancy a most bloody Conflict see ; Th' Aemathien says , All shall submit to Me. The British Isle by * Salt and Wine in doubt ; But Mets shan't long be able to hold out . A quick Translation of the Empire see : In a small Place the lofty Seat shall be . A Place inferior , of but mean Account , Into the middle shall its Scepter mount . England of Pow'r shall be the glorious Seat , More than Three hundred Years continuing Great : Large Forces thence shall pass through Land and Seas , To the disquiet of the Portugees . Thames , Garone , Rochel , all engag'd in War ; Oh Trojan-Blood , your Arrows fatal are ! The Scaling-Ladders shall the Fortress reach ; Fire on the Bridge , and Slaughter in the Breach . Roman High-Priest ! Take heed how you come nigh The City which two Rivers do supply : The Blood of you and yours shall freely flow There , in the Season when the Roses blow . Great Changes France betide in luckless Hour , In a strange Place shall be the Seat of Pow'r : Quite diff'rent Laws and Manners it must take ; Part of its Mis'ry Roan and Chartres make . When the Great Monarch bears away the Prize From those of Ausburgh , and their firm Allies , Cologne the Chief of Frankfort shall retake : Their Way thro' Flanders into France they 'll make . Tall Horse-men from the * Celtique Gall shall ride , With Men of divers Nations on their side : Th' Agent for † Aquitain they will confine , To make him pliable to their Design . The River which does the young Celtique prove , Shall in the Empire mighty Discord move . For the young Prince the Clergy shall declare ; He takes the Scepter , and the Crown shall wear . The Celtique River shall new Channel take , Cologne its Out-bound shall no longer make : Except the Ancient Language , all is new ; Saturn , Mars , Leo , Cancer , Spoils pursue . Great Disappointments shall the Frenchmen find ; Their vain light Hearts puff't up with empty Wind : Salt , Wine , and Bread , Water and Beer shall fail ; The Great one cold , and famish't in a Gaol . The Blood of Churchmen shall be largely shed , And like a mighty River it shall spread : Long shall it be before the Slaughter ends : Wo to the Clerk ; Ruine and Grief attends . They 'd have the King by Force his Game retreive , His Nephew since the Citizens receive : The Pris'ner now to talk and act is free ; The King without keeps far from th' Enemy . The King o' th' Isles shall be driv'n out by force , For not consenting unto a Divorce , From what 's soon own'd unfitting to have been : One without Mark of King in 's Place is seen . Such Expectation never shall be known In Europe rais'd : Asia the Sight shall own . One of the League , of the Great Hermes's Line , In Glory shall the Eastern Kings out-shine . The King of Europe with the Northern Flow'r , Shall like a Gryphon come in mighty Pow'r ; In Red and White a num'rous Force shall lead , All join'd against the Babylonish Head. Grebner . PEr idem tempus Rex quidam Borealis ( nomine CAROLUS ) MARIAM ex Papistica Religione sibi assumptam in Matrimonium conjunxerit ex quo evadet Regum infelicissimus . Unde populus ejus , ipso abdicato , Comitem quendam perantiquae Familiae regno praeponet , qui tres annos , aut eo circiter durabit & hoc quoque remoto , Equitem quendam bellicosum in ejus locum assumet qui paulo ampliùs regnabit . Posthunc eliget nullum . Interea unus è stirpe Caroli in littore regni patris sui cum Gallicis , Suevicis , Danicis , Hollandicis , Burgundicis , & Germanicis , auxiliis stabit , omnes inimicos suos cruentissimo bello superabit , & postea Regnum suum felicissimè administrabit , eritque Carolo magno major . Sum Anglicus truculentus Leo , modo rugens , fremens , & immane saeviens , animosus , faelix , & Victoriosus contra omnes hostes ; Patriae meae fideliter auxilio venio & praesidio , ac clementi meae Reginae asporto pretiosum cimelion Margaritam dictam , Belgicas , & Hispanicas dictiones , unde Regina mea tempore vitae suae certo magnificè & gloriosè Trumphat . Terra Jubila , Jubila , canta , & exulta quod vidisti exoptatum diem Ruinae & excidii Antichristi , quod ductu & auspicio faelici Anglorum , Gallorum , Danorum , Germanicorum , Scotorum , Suecorum , praesidio dextrae numinis altipotentis fiet . Europae labes & imbecilitas singulorum ejusdem Regnorum , sedem mirabiliter struet Quintae Monarchiae , quae sub tempus exitii Romani Imperii ad terrorem totius Mundi ex ruinis Germaniae refulgebit . Haec triennii spatio caetera Europae regna aut vi praedomitabit aut belli metu ad Societatem propellet , quo universalem Ligam & unionem omnium Protestantium efficiet . Hoc vexillum de fratribus quoque Uraniae Principis , & eorum posteris Illustrissimis intelligendum Leones nostri audaces in primâ acie fremunt unde nobis potentia crescit , & Gloria & Fama augescit . Grebner . TO CHARLES a Northern King much Woe 't will breed , To marry MARY of the Romish Creed . The People casting off his luckless Sway , Shall of an Ancient House an Earl obey . Three Years , or thereabout , he them shall Head : Then shall a Warlike Knight come in his stead ; He something longer shall maintain his Post ; After him , Nol is chose to rule the Rost . Of Charles his Lineage there shall One arise , Who with French , Germans , Swedes , Danes , Dutch , Supplies , Upon the Shore of 's Father's Realm shall Land , And Conquer all who dare his Arms withstand . With great Prosperity he long shall Reign , In Glory ev'n surpassing Charlemain . An English Roaring Lion am I found , My Rage and Courage with Successes Crown'd : For Aid and Safeguard to my Country come : I to my Queen bring a rich Treasure home : Holland and Spain well call'd a Precious Stone , Whence shall my Queen enjoy a happy Throne . Rejoice , O Earth ! Proclaim a Jubilee ; For you the Fall of Antichrist shall see : With happy Conduct , in auspicious Hour , The English , French , Scotch , Swedish , Danish Flow'r , Shall cast her down by the Almighty's Pow'r . The Europaean Kingdoms in decay , The Scene of a Fifth-Monarchy shall lay : Which while the Roman Empire does decline , Out of the German-Ruins bright shall shine , And with its Lustre terrifie the World , E're thrice the Sun has thro' its Houses whirl'd . This Europe's Kingdoms shall by Force subdue , Or drive to Friendship , while they War eschue ; Whence shall an Universal League be made Of all the Protestants , for mutual Aid . Of th' Orange Family it shall be said , Our Belgick Lions shall the Armies Head , And with undaunted Courage Terror spread . Hence Glory , Pow'r , and an unrival'd Fame , Shall to all Ages celebrate the Name . David Pareus . THere shall arise out of the Nation of the most Illustrious Lilies , having a long Forehead , higb Eye-brows , great Eyes , and an Eagle's Nose : He shall gather a great Army , and destroy all the Tyrants of his Kingdom , and slay all that fly and hide themselves in Mountains and Caves from his Face : For Righteousness shall be joined unto him , as the Bridegoom to the Bride : With them he shall wage War even unto the fortieth Year , bringing into Subjection the Islanders , Spaniards , and Italians . Rome and Florence he shall destroy and burn with Fire , so as Salt may be sowed on that Land. The greatest Clergy-man , who hath invaded Peter's Seat , he shall put to Death ; and in the same Year obtain a double Crown . At last going over the Sea with a great Army , he shall enter Greece , and be named The King of the Greeks : The Turks and Barbarians he shall subdue , making an Edict , That every one shall die the Death , that worshippeth not the Crucified One : And none shall be found able to resist him , because an Holy Arm from the Lord shall always be with him : And he shall possess the Dominion of the Earth . These things being done , he shall be called , The Rest of Holy Christians , &c. David Pareus , Among PROPHECIES Printed ANNO 1682. ONe of long Forehead , and of Eye-brows high , An Eagles rising Nose , and a full Eye , From the Illustrious Lillies shall arise , And his Realms Tyrants with his Arms surprise . To Mounts and Caves they from his Face shall fly , And many miserable Wretches die : For Righteousness he as a Bride shall take , And to the Forti'th Year fam'd Wars shall make . Those of the Islands , Spain , and Italy , Subject unto his Pow'r the World shall see : Florence and Rome with raging Fire he 'll waste , And Salt into the gaping Furrows cast . The Prelate that does Peter's Seat invade , To taste unwelcom Death by him is made : And the same Year a double Crown he 'll gain , With a great Army passing o're the Main . Greece he shall enter ; stil'd the Grecian King ; Turks and Barbarians to Subjection bring ; By a firm Edict fixing Death on all , That don't before the suff'ring Saviour fall . None shall be found that can his Force abide , Because God's Sacred Arm strengthens his Side . The Empire of the Earth by him possest , He shall be call'd , The Holy Christian's Rest . Ant. Torquatus . GAlli cum Hispanis pluries , longoque tempore pugnabunt . Post Turcae cum Hispanis , quibus omnibus tandem Hispani superiores erunt . Omnia extrema visura passuraque est misella Italia , sed praecipuè Longobardi : Bellicus furor omnia maligna in Italiam effundet , plus Italiae quàm caeteris provinciis astra minantur . Apparebit namque fortissimus Princeps à Septentrione qui populos debellabit & urbes , & dominia , ac potentatus horribili cum terrore , saevissimisque & invictissimis bellis expugnabit , universos sibi subjiciet vi . Aquarum diluvia nedum in Italiâ , verum etiam & in aliis provinciis & locis exundabunt , ac humiliora operient loca , & Civitates & Castra submergentur . Futurumque est mare Piratis & classibus plenum , quo magno cum terrore civitates maritimas oppriment & spoliabunt . Unde fleant expectantes , fleantque maximè Romani Imperii hostes . Quot dominia mutabuntur , quotque illustres familiae antiquae dominia amittent , haud facile hoc narrari posset , & per maximè in Italia continget . Quot respublicae per vim & cum dolore , suos status & libertates amittent , & aliis dominis atque externis subjicientur ? Florentia , Luca , Janua , Venetiae , & aliae quoque respublicae praedicto fato erunt subjectae nec evadere poterunt , & quo tardiùs id fiet eo durius infelicius-que eveniet eis , & eo fato prementur . Nam tam ardua diraque ; necnon saevissima bella inter Gallos atque Germanos & Hispanos , ac inter eorum Reges oritura sunt , inter quos Angli Italique miscebuntur & etiam Turcae ad ea a Christianis in auxilium vocabuntur . Itaque tunc videbitur quod totus status orbis sit ruiturus , & omnes prae confusione rerum timebunt ultimam ruinam . Multi contra Romanum Imperatorem & suos ferociter ferentur & ibunt . Sed Romanus Imperator tantâ vi repente contra hostes suos praeter omnem spem & opinionem insurget , quòd contra omne Judicium opprimet eos superabit ac vincet , & Gallorum Regem aut interficiet aut secundò capiet , Tandem tamen gladio concidet , aut amisso regno , filiis calamitatibus oppressis , ducibusque suis interfectis vitam finiet , & tunc ultra Gallorum laus sub Aquilâ volabit , Tunc Galli infelices erunt . Anglus quoque Rex Gallicis ruinis non longè dissimilia pertimescat infortunia . Poterit ipsé cum suis adversam experiri fortunam & ingenti strage prosterni , quia tutum non est sed fatuum contra fata niti ; Sapiens tamen dominabitur astris . FINIS . Ant. Torquatus . OFten and long Spaniards and French shall fight ; Then shall the Turks yield to the Spanish Might . Poor Italy , but Lombardy in chief , Shall see and suffer various Grounds of Grief . All Ills shall Italy invade by Wars , Italy chiefly threatned by the Stars : For from the North a Prince of Valour great Shall people , Cities , Potentates defeat ; Fierce , and invincible against his Foes , Subduing all who his Success oppose . In Italy , and other Countries too , The Waters Towns and Castles shall o'reflow : Pyrats and Navies shall the Sea infest , And Sea port Towns be spoil'd , and sore opprest . A dismal Prospect this to many shows , But most unto the Roman Empire's Foes . 'T were tedious to recount how many Realms And Ancient Families Ruine o'rewhelms ; How many Commonwealths by Force and Fraud , Out of their Lives and Liberties are aw'd , Letting in cruel Masters from abroad . Florence and Venice , many other States , Shall subject be , nor can evade their Fates : The longer 't is before they meet their Doom , The fiercer will the mighty Ruine come . French , Germans , Spaniards , with their several Kings , Engag'd in War , perpetrate bloody things : Italians and the English have their Share , And by the Christians , Turks invited are . Many against the Roman Empire rise , Fiercely assailing it and its Allies . The Emp'ror shall arise to sudden Powr , And conquer all his Foes in lucky Hour , Leaving Belief and trembling Hope behind , And the French King from him his Fate shall find , B'ing slain , or twice a Pris'ner ; but at last , He surely by the Sword his Death shall taste , His Kingdom lost , Progeny prest with Woe , And all his Captains meet an Overthrow . Then Fortune , adverse to the Frenchmen , brings Their Praise to crowch under the Eagles Wings . The King of England then may justly fear , The like Calamities with France to bear : He and his Party luckless Chance may try , And with a mighty Slaughter prostrate lie : For , Madness 't is against the Fates to rise ; And yet , The Stars are govern'd by the Wise . FINIS . Advertisement . THere are lately Printed for Timothy Goodwin , at the Maidenhead against St. Dunstan 's Church in Fleet-street , these Three Books following . I. An Enquiry into the Power of Dispensing with Penal Statutes . Together with some Animadversions upon a Book writ by Sir Edward Herbert , Lord Chief Justice of the Court of Common-Pleas , Entituled , A short Account of the Authorities in Law , upon which Judgment was given in Sir Edward Hales's Case . II. The Power , Jurisdiction , and Priviledge of Parliament ; And the Antiquity of the House of Commons Asserted : Occasioned by an Information in the King's-Bench , by the Attorney-General , against the Speaker of the House of Commons . As also a Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England ; occasioned by the late Commission in Ecclesiastical Causes . III. A Defence of the Late Lord RVSSEL's Innocency , By way of Answer or Confutation of a Libellous Pamphlet , Intituled , An Antidote against Poyson ; With Two Letters of the Author of this Book , upon the Subject of his Lordship's Tryal . Together with an Argument in the Great Case concerning Elections of Members to Parliament , between Sir Samuel Barnardiston Plaintiff , and Sir William Soames Sheriff of Suffolk , Defendant , In the Court of King's-Bench , in an Action upon the Case , and afterwards by Error sued in the Exchequer-Chamber . All Three Writ by Sir Robert Atkyns , Knight of the Honourable Order of the Bath , and late one of the Judges of the Court of Common-Pleas . Notes, typically marginal, from the original text Notes for div A52522-e240 Hi sunt qui trepidant & ad omnia fulgura pallent . Vid. the Lord Delamere and Sir Ro. Arkyns upon the Lord Russel's Trial , and Mr. Hawles's Remarks upon that and others , &c. — Sed quid Turba Romae ? sequitur fortunam ut semper , & odit Damnatos — Notes for div A52522-e710 Nostredamus Natus Anno 1503. Denatus Anno 1566. The Edition here chiefly followed , Anno 1568. Vid. his Preface to his Son. Cent. 9. 49. Cent. 2. 51 , 53. Vid. Nostredamus his Preface . Cent. 3. 80. Cent. 1● . 80. 82. 83. Cent. 6. 43. 3. 9. 3. 49. 6. 34. Cent. 5. 34. 9. 38. Gazet , Dec. 6. Paris , Dec. 8. Orders are given for the fortifying with all possible diligence the Town and Citadel of Blay on the Garonne . a Cent. 9. 38. 9. 64. 10. 7. b Cent. 6. 2. c 5. 24. 5. 87. d Cent. 6. 7. 10. 56. 5. 18. 5. 4. 4. 22. 4. 75. 1. 13. 1. 35. 2. 78. 2. 38. 5. 4. e 8. 58. 10. 26. A MS. in Trinity-Colledge Library in Cambridge , cited in the Future History of Europe , Ed. An. 1650. and in the Northern Star. Nolo , Nolle , Nullus . David Pareus natus Anno 1548. obiit Heidelbergae Anno 1622. postquam triennio ante per quietem vidisset totam urbem occulto incendio fumigantem , &c. Hoffmanni Lex . Ant. Torquatus de eversione Europae , Dedicated to Matthias King of Hungary , Anno 1480. Edit . Anno 1552. a See this excellently well done by my Learned Friend Mr. James Tyrrel , in Patriarcha non Monarcha . b Grot. l. 3. p. 52. Summae potestatis Subjectum Commune est Civitas . Vid. Schellium de Jure Imperii , p. 32. Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 definit eum qui judiciorum & magistratuum particeps sit . Sam. Puffend . de Officio hominis & Civis , p. 265. V. Sacrosanct . regum Majest . Potestas designativa personae , & collativa potestatis . Nullus interritus est reipublicae naturalis ut hominis . Cicero de Rep. Of equitable Reservations . Vid. Earl of Clarenden's Survey of the Leviathan , p. 86. speaking of a Contract whereby the absolute Power of Mens Lives shall be submitted , &c. He is not bound by the Command of his Sovereign to execute any dangerous or dishonourable Offices ; but in such Cases Men are not to resort so much to the Words of the Submission , as to the Intention : Which Distinction surely may be as applicable to all that monstrous Power which he gives his Governour , to take away the Lives and Estates of his Subjects , without any Cause or Reason , upon an imaginary Contract , which if never so real , can never be suppos'd to be with the Intention of the Contractor in such Cases . V. Cocceium de Principe , pag. 197. Leges fundamentales regni vel imperii quae vel disertè pact ae sunt cum Principe antequam imperium ineat , ut fit hodie cum imperatore ( quamvis non ad eum modum jura Majestatis possideat quo olim Principes ) & plerisque aliis in regnis vel sub ipso regimine a Principe & populo vel ordinibus conduntur , ut est aurea bulla Carol 4. & alia quaedam in imperio Romano-germanico vel saltem tacitè reipublicae inesse videntur . Sanderson de Juramenti obligatione , p. 41. Vid. Stat. 13 car . 2. c. 1. Vid. infra . V. Grounds and Measures of Submission . Salus populi suprema lex . Vid. Johannis a Felde Annotata ad Grot. c. 3. & 4. Grot. de jure Belli & Pacis , c. 3. p. 60. Vid. Pufendorf Elementa Juris prud . p. 256. Nemo alteri potest quid efficaciter injungere per modum praecepti in quem nihil potestatis legitimae habet . Grot. c. 4. p. 86. habet pro derelicto . Vid. Bellarmine how the Pope hooks in Temporals in ordine ad Spiritualia . Vid. Leges S. Edwardi . Jovian , p. 280. Ib. p. 192 , 193. Jov. p. 87. Vid. Just . Inst . tit . 2. Quum lege regiâ quae de imperio ejus lata est populus ei & in eum omne imperium suum & potestatem concedat . Vid. Raevardum de Juris ambiguitatibus . Lib 4. c. 12. de Jure publico . Bilson of Christian Subjection , Ed. 1586. p. 279. p. 280. Platonis Politicus , f. 299. Ed. Serrani . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . V. Leges Sancti Edwardi , 17. de Regis Officio . Nec nomen Regis in eo constabit . Vid. Bracton , l. 2. c. 24. Est enim corona regis facere justitiam & judicium & tenere pacem sine quibus corona consistere non potest nec tenere . Hoveden , f. 604. Rex atque vicarius ejus . Nota , There was occasion for naming the Deputy , by reason of the accession of Normandy , requiring the King's absence sometimes . Vid. the Case of Rehoboam , inf . in the Quotation out of Lord Clarendon . Lambert . Qui vigilanter defendunt & regunt Ecclesiam Dei & populum ejus . Barones Majores & Minores . Vita Aelfredi , f. 62. Ego tria promitto populo Christiano meisque subditis , &c. a Nota , Protection . Bracton , lib. 3. c. 9. Fleta , lib. 1. c. 17. Mirror , p. 8. Vid. Seld. Spicel . ad Eadmerum f. 171. Dissert . ad Fletam , f. 519. Hoved f. 608. Leges H. 1. confirming St. Edward's Laws , cum illis emendationibus quibus pater meus emendavit consilio Baronum suorum . Vid. Mat. Par. f. 243. Barones petierunt de Rege Johanne quasdam libertates & leges Regis Edwardi , f. 244. partim in carta regis Henrici scripta sunt partimque ex legibus Regis Edwardi antiquis excerpta sunt . Vid. Rushw . 1. v. f. 200. Coronation of C. 1. Sir , says the Archbishop , Will you grant and keep , and by your Oath confirm to the People of England , the Laws and Customs to them granted by the Kings of England , your Lawful and Religious Predecessors , namely , the Laws , Customs , and Franchises granted to the Clergy by the glorious King St. Edward , your Predecessor ? V. Rot. Claus . 1 R. 2. n. 44. Magna Carta Ed. cum priv . Anno 1558. Juramentum Regis quando coronatur . Spelman's Glos . tit . Fidelitas , f. 271. Sam. Puf. de Interregnis , p. 274. Quando in regem confertur imperium est mutua juris translatio , seu reciproca promissio . Vid. Templum Pacis , p. 767. Deditio est pactus quo belle inferior majoris mali evitandi ergo potestati alterius sese submittit & in jura aliena transit Dividi potest in simplicem sive purum quando quis mero victoris arbitrio sese submittit : & compositum sive conditionatum , quando alterius quidem potestati quis sese subjicit , sed sub conditionibus quibus aut singuli sibi consulunt , aut toti universitati . So Textoris Synopsis jurifgentium , p. 129. Victoria vel pactione restricta est vel absoluta ; specie priori non plus juris victor acquirit , quam ei pacto fuit concessum . Sim. Dunelm . f. 195. Hoved. f. 450. 2 Sam. 5. 3. Lord Clarendon's Survey of the Leviathan , p. 109. & 148 , 149. Aequo jure . Vid. infr . Vid. Leges W. 1. de fide & obsequio erga regem . Jovian , p. 244. Vid. Dr. Stillingfl . Irenicum , p. 132 , 133. Saravia de Imperii authoritate , f. 221. Grotius de Jure Belli & Pacis , p. 59. Successio non est titulus imperii , sed veteris continuatio . Lord Clarendon's Survey , p. 74. Matth. Paris , Edit . Lond. f. 563. Comite Cestriae gladium Sancti Edwardi , qui Curtein dicitur , ante Regem bajulante in signum quod Comes est Palatinus & regem si oberret habeat de jure potestatem cohibendi . Knighton , f. 2683. meaning the Case of E. 2. Knighton , f. 1752. Mirror , p. 9. Hornii orbis imperans , p. 196. Hornius , p. 196. Fleta , lib. 1. cap. 17. Bracton , lib. 3. c. 9. p. 107. Ibid. Bract. lib. 2. c. 16. p. 34. V. Ryly , Plac. Parl. f. 20. Fleta supra , Superiores . So Mirror , p. 9. Ceux compagnions sont ore appelles Comites , & in Latine Comitatus ; where he takes in all that come up to Parliament from the Counties . Vid. Mirror , p. 209. He there says , Suitors are Judges ordinaries ; and 274. speaks of Counties , & les autres Suitors , having Jurisdiction in Causes which the King cannot determine by himself , or by his Judges . So Judge Crook's Argument in Hampden's C. p. 59. Whatever is done to the hurt or wrong of the Subjects , and against the Laws of the Land , the Law imputeth that Honour and Justice to the King , whose Throne is establish'd by Justice , that it is not done by the King , but it is done by some unsound and unjust Information , and therefore void , and not done by Prerogative . Chronica de Mailros , f. 137. Anno 756. Bromton , f. 770. Congregati sunt Proceres & Populus totius regni & eum providâ deliberatione a regno unanimi consensu omnium expellebant . Chron. Mailros , f. 138. Anno 774. S. Dunelm . 106. & 107. Consilio & consensu omnium regiae & familiae ac principum destitutus societate exilio imperii mutavit Majestatem . a Ib. f. 108. Anno 779. Mailros , Anno 794. f. 139. S. Dunelm . f. 113. Mailros . f. 141. Anno 806. Ibid. f. 143. Anno 866. degenerem . Ibid. 144. 872. F. 14● . 941. F. 148. 947. Vid. Mirror , & Leges S. Edw. Vid. Knighton , f. 2312. Bromton , f. 1031. Mat. Par. Ed. Tig. f. 243. Anno 1214. Ib. f. 277 , 278. 288. Mat. Par. f. 373. Walsingham , f. 107. Rex dignitate regali abdicatur & filius substituitur . Hollingshead , f. 637. Ibid. f. 639 , 640. A Crown over a Branch of Lights in the House of Commons , and another from the top of Dover-Castle , falling about the same time . Ibid. f. 657. 〈…〉 , ●661 . ●●●5 . 678. 693. Stat. 13 Car. 2. Stat. 2. c. 1. Stat. 13 & 14 Car. 2. c. 3. So c. 4. 15 Car. 2. c. 5. 12 Car. 2. c. 30. Vid. Justin . Pandec . l. 1. tit . 3. Nulla juris ratio aut aequitatis benignitas patitur , ut quae salubriter pro utilitate hominum introducuntur , ea nos duriore interpretatione contra ipsorum commodum producamus ad severitatem . Vid. Rot Parl. 39 H. 6. n 18. Vid. Cujacium , tom . 4. f. 154. Resp . circumscripta in integrum restituitur perinde ac pupillus vel adolescens , &c. Vid. Cic. de Legibus . Salus populi suprema lex esto . Inter Leges 12 Tabularum , of which Tacitus says , Accitis quae usquam egregia , compositae duodecim Tabulae finis aequi juris . Tacitus Ed. Plant. p. 90. Sheringham of the King's Supremacy , p. 41. 16 Car. 1. Nota , There was no attempt to repeal this till 16 Car. 2. c. 1. Brook tit . Commission , n. 21. Ibid. tit . Officer , n. 25. Vid. Stat. 17 Car. 1. Every thing or things done or to be done , for the Adjournment , Proroguing , or Dissolving of this Parliament , contrary to this present Act , shall be utterly void . Anno 1647. Vid. Hist . of the Civil Wars , f. 207. Q●●m aufertur 〈◊〉 juramenti , juramentum cessat ratione eventus ; qui c●sus est eorum qui juraverunt se obedituros Domino aut Principi alicui , qui postea cessat esse talis . Amesius de Juramento , lib 4. c. 22. Sam. Pufendorf de Interregnis , p. 272. Nota. omnem reipublic● cutam ab●●●averit . 〈◊〉 malo . 〈…〉 Krantius , f. 188. Anno 1460. Hottoman . Francogal . c. 23. De memorabili auctoritate concilii in Regem Ludovicum 11. Mat. Par. sup . f. 563. Freherus de Orig. Palatinarum , f. 113 , 119 , 120. Gunteri Thulemarii Octovirat . c. 18. Ibid. p. 251. Loyseau du droits des Offices , Ed. Anno 1610. f. 409. Ibid. f. 410. Treatise of Politick Power , Ed. Anno 1556. Vid. Sam. Pufendorf . Dissertationes de Interregnis , p. 267. Post decretum circa formam regiminis novo pacto opus erit , quando constituuntur ille vel illi in quem vel in quos regimen caetûs confertur . Jovian , p. 78. Ib. Preface . At Calcuth , Anno 789. Spel. Con. vol. 1. f. 291. Deut. 17. v. 20. Aelfredi Test . Append. ad ejus Vitam , f. 195. Et mecum tota nobilitas West-Saxonicae gentis consentiunt , quod me opertet dimittere eos ita liberos , sicut in homine cogitatio ipsius consistit . Camd. Brit. f. 104. de W. 1. Neminem Anglici regni constituo H●redem , sed aterno conditori cujus sum , & in cujus manu sunt omnia , illud commendo : non enim tantum decus haereditario jure possedi , &c. V. Leges W. 1. de Fide , &c. Statuimus etiam ut omnes liberi homines foedere & sacramento affirment , quod intra & extra regnum Angliae Willielmo Regi Domino suo fideles esse volunt , &c. Leges S. Edw. tit . Greve . Vid. Juramentum homagii facti Regi . Prynne's Signal Loialty , p. 274. Poll. Virgil. l. 22. sub initio . Nota , Proceres may take in the Nobiles minores . William 2. was elected during the Life of his eldest Brother , who was set aside by the English , against whom he had discovered Ill-will , in spite of the Normans . So H. 1. Stephen was elected while Maud the Daughter of H. 1. was alive ; and H. 2. succeeded in her Life-time , upon an Agreement made with Stephen , by the People's Consent . R. 1. as within . King John crown'd in the Life-time of his eldest Brother's Son , Prince Arthur : So was his Son H. 3. in the Life-time of Elenor , Prince Arthur's Sister . E. 1. as within . E. 2. elected . E. 3. set up by the People in his Father's Life-time , which the Father took for a Favour , R. 2. declared Successor by Parliament , in the Life-time of his Grandfather . H. 4. of the younger House , came in by the People's Choice , upon their deposing R. 2. H. 5. & 6. Son and Grandson to H. 4. came in upon a Settlement . E. 4. of the elder House , cam● in under an Agreement made in Parliament between his Father , who liv'd not to have the Benefit of it , and H. 6. his Son. E. 5. was never crown'd . R. 3. who set him aside , was of the younger House . H. 7. who vanquish'd him , could have no Right of Proximity ; for the Daughter of E. 4. and his own Mother , were before him . All that came in since , enjoy'd the Crown , either under the various Settlements of H. 8. or that of H. 7. which took place again in J. 1. or from H. 6. at the highest . Walsingham , f. 1. Walsingham , ib. Sir P. P. Obligation of Oaths , f. 295. Walsingham , Ypod Neustriae , f. 45. Walsingham , f. 68. Bromton , f. 1155. So Hoveden , f. 656. Bromton , f. 1159. Hoveden , f. 656. 11 H. 7. c. 1. Lord Bacon's Hist . of H. 7. f. 145. Object . 1. Finch's Description of the Common-Law French , Ed. An. 1613. f. 20. b. & 21. a. The same made use of Reflections upon our late and present Proceeding , p. 10. Answ . Dyer , f , 165. Anderson , f. 44. He has it , Le Successeur & le Heir ; elsewhere 't is Heir ou Successeur . Ib. f. 45. v. 1 E. 6. c. 7. v. 7. Rep. f. 30. Object . 2. Brady's Hist of the Succession f. 8 , 9. Answ . Grotius de jure Belli & Pacis , lib. 1. p. 60. Object . 3. Vid. Debates about Deposing . Answ . Knighton , f. 2482. Leges Sancti Edwardi . tit . Greve . Conjurati fratres ad defendendum regnum , &c. & honores illius omni fidelitare cum eo servare . So Leges W. 1. tit . De fide & obsequio erga Regem . Quod Willielmo Domino suo fideles esse volunt & honores illius , &c. defendere . Bracton , lib. 2. cap. 29. Vid. Sir P. P. As Successors are Heirs , so Dr. Brady tells us , Gloss . f. 18. That Prepossessor , one that possest the Land before the present Possessor , without any relation to Blood or Kindred , is Ancestor in Doomsday , and in the Writ de morte Antecessoris . Sir P. P. Obligation of Oaths , f. 302. Fol. 298. Fol. 300. Sir P. P. f. 297. Littleton , tit . Homage , sect . 85. Popham's Rep. f. 16. & 17. Object . 4. Rot. Parl. 1 E. 4. Answ . Fortescue de laudibus Legum Angl. c. 3. Jovian , p. 253. Pufendorf de Interregnis , p. 288. Quod si dubitatur qui gradus aut quae linea sit , potior declarata voluntas populi finem liti imponet , &c. Vid. 3 Inst . f. 7. upon the Stat. of Treason , 25 E. 3. referring in the Margin to this Statute . This is to be understood of a King in possession of the Crown and Kingdom ; for if there be a King regnant in possession , altho he be Rex de facto , and not de jure , yet he is Seignior le Roy within the Purview of this Stature ; and the other who hath the right , and is out of possession , is not within this Act : nay , if Treason be committed against a King de facto , and after the King de jure come to the Crown , he shall punish the Treason done to the King de facto ; and a Pardon granted by a Kind de jure , that is not also de facto , is void . 11 H. 7. c. 1. That the People of England were lately restor'd to a qualified Choice . Sanderson de Obligatione Juramenti , Lect. 4. Vid. Sir Robert Atkins his excellent Defence of the Lord Russel , f. 22 , 23. Rastal's Entries , tit . Reattachment , f. 544. b. Resum ' &c. quia extra Regnum Angliae Progres . fecimus , nullo locum tenente nostrum sive Custode Regni relicto , & e. Hobart . f. 155. Ved . Leges 12 Tab. de Magistrat . Digest . lib. 49. tit . 15. de Captivis & Postliliminio . Transfugae nullum postliminium est , nam qui malo Consilio . & Proditoris animo patriam reliquit , hostium numero habendus est , &c. transfuga autem non is solus accipiendus est , qui aut ad hostes aut in bello transfugit , sed ad eos cum quibus nulla amicitia est fide susceptâ transfugit . Imp. Theod. & Valentin . Caes . ad Volusianum Praefectum Praetorio . Digna vox est Majestate regnantis , Legibus ad ligatum se principem profiteri . Adeo de auctoritate juris nostra pendet auctoritas : & reverâ majus imperio est submittere Legibus principatum . Et oraculo praesentis Edicti , quod nobis licere non patimur aliis indicamus . Pufendorf de Officio Hominis & Civis , p. 201. Pufend. Elementa Jurisprudentiae , p. 85. & 94. Vid. Puf. supr . de Interregnis , p. 274. Pufend. Elementa Jurisprud . p. 94. Pufend. de Jure Gentium , p. 1105. V. Grot. de Jure Belli & Pacis , de summitatem habendi plenitudine , p. 62. Dissertationes de Interreg . p. 272. supra . Rudolphi Godofredi Knichen opus polit . f. 1226. Philippi parei Vindicatio , p. 50 , & 51. Vid. Brook , tit . Condition , n. 67. Vid. Lit. c. 5. Estates sur Condition . V. L. Clarendon , cited above in the Margin , his Survey of the Leviathan , p. 86. Grot de Jure Belli & Pacis , l. 1. c 3. p. 60. Grot. sup . p. 64. Fortescue . Vid. 11 H. 6. f. 12. b. Rolls Abr. tit . Remainder , f. 415. V. sup . Knighton , f. 2683. Nota , Not proximum . Rot. Parl. 1 H. 4. n. 54. Ib-n . 55. Brady's Hist of the Succession , f. 25. Vid. Rot. Parl. 8 H. 4. n. 60. Gomezius de Qualitatibus Contractuum , f. 319. Hottomanni Com. de Verbis Juris usus-fructus est jus alienis rebus utendi fruendi , salvâ rerum substantiâ , Emphyteusis . 13 E. 4. Rot. Parl. 1 H. 7. n , 16. H. 7. Son to Edmund Earl of Richmond , Brother by Mother's Side to H. 6. Rot. Parl. 1 H. 7. Vid. Rot. Parl. 1 H. 7. n. 16. supra . Vindiciae contra Tyrânnos , Ed. Amstelodami , p. 110. Rot. Parl. 1 H. 7. 25 H. 8. c. 22. 26 H. 8. c. 2. 28 H. 8. c. 7. Vid. 28 H. 8. sup . & 35 H. 8. Hist . of Succession , f. 34. 1 & 2 P. M. c. 9. 1 Eliz. c. 3. 1 Jac. 1. c. 1. Sir Robert Filmer's Power of Kings , f. 1. Vid. Pufend. de Interregn . sup . p. 288 , 289. 25 E. 3. Stat. 2. Stat. 25 E. 3. sup . Vid. 1. Anderson , f. 60 , & 61. A Devise to the Wife , after her Decease to the Children . Vid. Wild's C. 6 Rep. In Shelley's C. 1 Rep. f. 103. A Gift to a Man & semini suo , or prolibus suis , or liberis suis , or exitibus suis , or pueris suis de corpore . Vid. Sir James Dalrimple's Institutions of the Laws of Scotland , f. 52. Vid. Dugdale's Bar. 2. Vol. Beaumont . Just . Inst . lib. 1. tit . 9. So Bracton , lib. 1. cap. 9. Greg. Tholos . Syntagma juris universi , f. 206. Spiegelius , tit . Liberi . Non procedere in privilegiis quae generaliter publicae utilitati derogant . Vid. Antonii Perezi Inst . Imperiales , p. 21. Vid. Cujac . ad tit . de verborum significatione , p. 147. & 230. That the People of England have duly exercis'd their Power , in setling the Government . Object . Answ . Hobbs his Leviathan . Pufendorf de Interregnis , p. 282. A Letter to a Friend , advising in this exttaordinary Juncture , &c. Vid. Pufend , de Interregnis , p. 267. sup . in Marg. Brady's first Edit . p. 227. See this proved upon him , Pref. to Jus Anglorum . Prynne's Animadversions on 4 Inst . f. 10. Vid. Rushw . 1 vol. f. 470. 3 Car. ● . Tacit. de Moribus German . Coeunt nisi quid fortuitum & subitum certis diebus , &c. V. Leges S. Ed. tit . Greve . In capite Kal. Maii. Jus Angl. c. 7. Vid. sup . 12 Car. 2. c. 1. 3 Inst . f. 7. sup . in Marg. Anno 1127. Vid. Spelm. Con. 2. vol. f. 1. De modo habendi Synodos in Angliâ primaevis temporibus . Vid. Jan. Ang. fac . nov . and Jus Angl. Flor. Wigorn. f. 663. Confluxerant quoque illuc magnae multitudines Clericorum , Laicorum , tam divitum , quam mediocrum & factus est conventus grandis & inestimabilis . Quaedam determinata , quaedam dilata , quaedam propter nimium aestuantis turbae tumultum ab audientiâ judicantium profliga●a , &c. Rex igitur cum inter haec Londoniae moraretur auditis concilii gestis consensum praebuit & confirmavit Statuta concilii a Willielmo Cant. &c. celebrati . Vid. sup . Hottom . Illust . Quaest . 17. Gotofredus de Electione Magistratû inhabilis per errorem factâ , p. 6. Gotofred sup . p. 23. sponte transacta . Conclusion . Letter to B. L. Victrix causa Diis placuit , sed victa Catoni . Notes for div A52522-e20220 Cent. 9. 49. Cent. 2. 51. Cent. 2. 53. Cent. 3. 80. last Edit . 1682. Cent. 1. 52. Cent. 4. 96. Cent. 3. 16. Cent. 2. 68. Taken out of the 12th . and added to the 7th . Cent. 80. last Ed. par plui . 82. 83. 〈◊〉 10. 66. Cent. 2. 100. Cent. 4. 16. 〈◊〉 6. 7. 〈◊〉 . 10. 56. Cent. 4. 89. Cent. 2. 67. Prophesies at the end 5. Cent. 6. 13. Cent. 8. 58. Cent. 10. 26. Cent. 5. 18. Cent. 5. 4. Cent. 30. 70. Cent. 4. 13. Cent. 4. 22. Cent. 4. 75. Albion . Cent. 10. 68. Cent. 5. 26. Cent. 1. 13. Cent. 1. 35. Cent. 1. 33. Cent. 2. 78. Cent. 2. 38. Cent. 2. 89. Cent. 3. 63. Cent. 2. 87. Cent. 5. 99. Cent. 6. 28. Cent. 5. 24. alias 74. Cent 5. 87. Cent. 6. 41. Cent. 6. 12. Cent. 6. 43. Paris . Cent. 3. 9. Cent. 5. 34. Last Ed. Blaye . Cent. 9. 38. Cent. 9. 64. Cent. 10. 7. Cent. 1. 32. Cent. 1. 100. Cent. 2. 61. Vid. Cent. 5. 34. Cent. 2. 97. Vid. Cent. 6. 43. Cent. 3. 49. Cent. 5. 43. Louis le Grand . Cent. 3. 83. Cent. 6. 3. Cent. 6. 4. Cent. 7. 34. Cent. 8. 98. Cent. 9. 92. Cent. 10. 22. Cent. 10. 75. Cent. 10. 86. Cent. 9. 49. France . Cent. 2. 51. Anno 1666. St. Paul ' s. Other Churches . Cent. 2. 53. The Plague not to cease till the Fire . Cent. 3. 80. Ed. 1672. 82. Monmouth . Cent. 1. 52. J. 2. born under Scorpio . Q. the Nativity of his Brother of France . Cent. 4. 96. The D. of Cambridge , born 15 years after the Princess of Orange . England counted the Ballance of Europe . Cent. 3. 16. The Prince of Orange English by his Mother Sister to J. 2. Cent. 2. 68. Viz. The Liberties of the Kingdom . Added to the Twelfth Cent. Stan. 80. From a Prince becomes a King. Ibid. 82. The second Landing in the West . He being a Romanist , calls it so . Ibid. 83. A lively Description of the State of our Court. Cent. 10. 66. The Commentator renders this a Reign of Confusion . Cent. 2. 100. All join in the Association . Cent. 4. 16. The King seeing the Numbers encrease , would repent too late . Cent. 6. 7. The United Provinces vex Denmark & England , or the Governour there , of the Romish Religion , and French Blood by his Mother . Cent. 10. 56. J. 2. of the Order of the Jesuits . Another Realm or Government rescues England . Vid. Usher 's Antiqu. Brit. f. 〈◊〉 . citing Merlin , Gallica quem gignet , qui gazis regna replebit , Oh dolor , oh gemitus ! fratris ab ense cadet . Cent. 4. 89. Luy mort desgouteront distillabunt ; shall occasion his Death drop by drop . Blonde is most commonly render'd Fair , but may be taken for any Complexion departing from Black. Cent. 2. 67. Prophecies at the end 5. Who in danger of drinking the Juyce of Orange ? Cent. 6. 13. Doubtful what Title to take . The King can't justifie the Babe . Cent. 8. 58. The Babe sent to France . Cent. 10. 26. The Occasion of taking the Crown of England . Cent. 5. 18. V. Cent. 2. 63. speaking of France and Germany , Qui le Grand mur , &c. J. 2. of Scotland the Seventh . Cent. 3. 70. The Mastiff an Emblem of England . Cent. 3 70. The Landing of Forces may answer this . Ausonium , Ausburg . Cent. 4. 13. Cent. 4. 42. The Officers disbanded after the routing of Monmouth . Cent. 4. 75. Albion , England . Cent. 10. 68. Viz. Their Liberties . Forces sent to Holland . Cent. 5. 26. Aux Monts . Cent. 1. 13. Cent. 1. 35. English and Begick Lion. Cent. 1. 33 Cent. 2. 78. The King of England shall find his Designs fatal to himself . Cent , 2. 38. England and France . Cent. 2. 89. England and France . As its State new . The King of France . Cent. 3. 63. Rome and France . Cent. 2. 87. The Prince of Orange is of German Extraction . The Whore of Babylon . Cent. 5. 99. Germans , English , Dutch. Cent. 6. 28. Belgick . The Pope . The French. Cent. 5. 24. alias 74. The English reputed of Trojan blood , and London has been called Troinovant . Cent. 5. 87. Vid. Partridge de Anno 1688. The Sun now deprest by Saturn . Cent. 6. 41. Prince George , the Dutch , and English . Cent. 6. 12. Cent. 6. 43. Paris . Cent. 3. 9. A Sea-fight . English and Flemings victorious over the French. Cent. 5. 34. It must needs be thought , that this relates to the Princes landing and stay in the West . Cent. 9. 38. Vid. Pref. Cent. 9. 64. The Jesuit . Cent. 10. 7. * France . Cent. 1. 32. Cent. 10. 100. Cent. 2. 61. Vid. Cent. 5. 34. The English Forces fatal to the French. Cent. 2. 97. Seems to relate to Paris , vid. Cent. 6. yet may agree with London . Cent. 3. 49. Cent. 3. 53. * Holland . Cent. 3. 83. Part of France . Is it a doubt who has been Agent for the French. Cent. 6. 3. The Rhine . First the Administration , then the Crown . Cent. 6. 4. Cologne . Vid. Partridge of the Conjunctions , An. 1688. Cent. 7. 34. Cent. 8. 98. Cent. 9. 92. The Prince , Nephew to the K. as well as Son-in-law . Cent. 10. 22. Aministrator first . Cent. 10. 75. The Ausburg League . Cent. 10. 86. Notes for div A52522-e31560 Nota , Abdicated . Cited in the Northern Star , f. 25. Notes for div A52522-e32340 Nota , Ireland has no Crown . Notes for div A52522-e32950 Dedicated to Matthias King of Hungary , Anno 1480. Edit . Anno 1552. Pag. 7. 6. The Emperor and King of Spain of the same House . 
A54694	----	Restauranda, or, The necessity of publick repairs, by setling of a certain and royal yearly revenue for the king or the way to a well-being for the king and his people, proposed by the establishing of a fitting reveue for him, and enacting some necessary and wholesome laws for the people. Philipps, Fabian, 1601-1690. 1662 Approx. 194 KB of XML-encoded text transcribed from 57 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A54694 Wing P2017 ESTC R7102 13506891 ocm 13506891 99831 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54694) Transcribed from: (Early English Books Online ; image set 99831) Images scanned from microfilm: (Early English books, 1641-1700 ; 472:5) Restauranda, or, The necessity of publick repairs, by setling of a certain and royal yearly revenue for the king or the way to a well-being for the king and his people, proposed by the establishing of a fitting reveue for him, and enacting some necessary and wholesome laws for the people. Philipps, Fabian, 1601-1690. [6], 107 p. Printed by Richard Hodgkinson ..., and are to be sold by Abel Roper ..., London : 1662. Dedication reads: Regi et patriae versique honoris et felicitatis Angliae cultoribus, hasce veluti materiarum sedes, dicat dedicatque Fabianus Philipps. Attributed to Fabian Philipps. Cf. NUC pre-1956. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- Kings and rulers. 2004-07 TCP Assigned for keying and markup 2004-07 Aptara Keyed and coded from ProQuest page images 2004-08 Judith Siefring Sampled and proofread 2004-08 Judith Siefring Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion Restauranda : OR THE NECESSITY OF Publick Repairs , By setling of a certain and Royal yearly REVENUE FOR THE KING . OR The Way to a well-being for the KING and His PEOPLE , proposed by the Establishing of a fitting Revenue for him , and Enacting some Necessary and Wholsome Laws for the PEOPLE . London , Printed by Richard Hodgkinson , for the Author , and are to be sold by Abel Roper , at the sign of the Sun , over against Saint Dunstons Church in Fleetstreet , 1662. REGI ET PATRIAE VERISQUE HONORIS ET FELICITATIS ANGLIAE CULTORIBUS , HASCE VELUTI MATERIARUM SEDES , DICAT DEDICATQUE FABIANUS PHILIPPS . THE CONTENTS OF THE CHAPTERS . CHAP. I. REvenues of the Kings of England . Pag. 6 CHAP. II. Supplies and Additions to the Royal Revenues , and the many cares taken therein by Parliaments and otherwise . p. 14 CHAP. III. Ruine and decay of the Revenues . p. 30 CHAP. IV. The Remedies . p. 58 Some Errata's or faults escaped the Printer , which the Reader is intreated to correct and amend in this manner . PAge 2 line 15 dele by , p. 7. l. 10 dele may , p. 27 l. 26. for their read the , p. 68. l. 14. interfere , had in principio , & dele , in fine , p. 69. l. 5. for and worser . or worse , and l. 29. for which r. and p. 58. for Chap. l. r. Chap. IV. p. 81. l. 23. dele that , p ▪ 83 l. 31. dele and and 〈◊〉 . Restauranda , OR The necessity of Publick Repairs , by the setling of a certain and Royall yearly Revenue for the KING . OR The Way to a well-being for the KING and his PEOPLE proposed , by the establishing of a fitting Revenue for Him , and Enacting some necessary and wholsome Lawes for the People . A Long course of time , & Annosa vetustas , which weares out and subdues the most stubborne Rocks and Marbles , and crumbles into dust and ruin things of long duration , together with the necessities , cares and affairs , which do usually busie Crowns and Princes and their Royall Revenues in the protection and welfare of themselves and the people committed to their charge , may without the inconsiderate censures of those who think much of every Ayde and Contribution which they give towards the effecting or support of their own and their posterities happiness , be well supposed to be no small cause of wasting and lessening those Royal supports or means which our Kings of England have heretofore had to do it withall , and as streams running far from their springs and fountains without the help or company of other waters to augment or goe along with them , may be allowed more then a little to drie up or languish , and might silence the murmur and complaints of those who can be content to beg & get all they can from the King , and by too often by false pretences concealing the worth or value of what they ask of him , doe gain thereby ten times more then they seem to request , or he intends to give them , and making no scruple to deceive him , which our blessed Saviour never taught them when he commanded to give to Caesar that which was Caesars , think it is Kingly to be cozened , and that he can never give , or be deceived too much ; yet when he comes to demand any help or assistance from them , though it be but for a publick good and their own preservation , can crie out , burdens and oppressions , and as if he were some Ocean , never to be drawn drie , or Mountain never to be digged down or exhausted ; an Elixir to transmute and enrich others without any wast or diminution of its self , or the Sun in the firmament , which can enlighten , heat , and nourish all things and be never the worse for it , marvail how he can come to want ; and if they doe believe him to be in any necessity , are ready to lay the cause or blame of it upon his Officers for taking more care of their own Estates then his , and for a thriving way of Arithmetick , by substracting from his to increase and multiply their own ; whilest many who have but lately tasted of his bounty , or whose Fathers , Grandfathers or Ancestors have lest them goodly Inheritances , which were either of the guift of the King or his Progenitors ; or purchased and gained by beneficial offices and places or imployments under them , can look upon every Subsidy , Tax or Assessment as a blast , or mildew of their corn , some plague or epidemicall disease , or a greater national calamity , and give them no better an aspect or entertainment then the children of Israel did their Egyptian Tax-masters when they were commanded to make their Tale of Brick and gather the straw , though they never repine or grumble at the same time at ten times a greater sum to a Merry-meeting or a Feast , or spent in a horse-race , a thousand or five hundred pounds lost in a night at dice , three or four hundred pounds spent in a Treatment or Banquet , or the large or sinfull expensive vanities of themselves and their wives and children . And too many , who would be thought to be better Subjects and Patriots then others , can seem to hate a Civil warre , shrink at the imagination of the miseries thereof , tremble at a forreign Invasion Free-quarter , Plunder , and the Outrage of Souldiers ; complain of want of Trade , or the guarding of the Seas ; boast of the ancient honour and glory due unto their Nation , and take a pleasure to recount it to their children , or read it in their Histories , and not a few also who in our late twenty years rebellion , and the spoils and afflictions which attended it , could drive honester men then themselves into Taxes and Assessements , and think a million and a half in yearly Assessements for some years together , besides a fifth part of their real Estates , a twentieth of their personal , and many other of their Depredations amounting to more then all the Taxes and Aydes put together , which for five hundred years last past were imposed by our Kings and Princes , to be little enough to sacrifice to a mistaken godliness , will notwithstanding doe as very little as they can to contribute any thing to the procuring and enjoying the blessings of peace and plenty , or avoyd the contrary . And do never so well esteem of their own policies , as when they can by pretences of debts , poverty , or charge of children , shift of necessary and publick duties , and by undervaluing of their own Estates , or overvaluing others , make as smal an offering as they can to their oathes of Allegiance and Supremacy , and necessities of their Prince and Defender of their Faith as well as their Estates . And too too many whilst they cannot but acknowledge if Scripture and the Lawes of God and man may be their guide and directors , that he hath lately by Gods mercy and a miracle redeemed them and their Laws and Liberties out of a slavery which stuck like a leprosie , and was like to be entailed upon them and their posterities , rescued Religion , and gave them their Lands and Estates again which the just Lawes of the Land once called their Birthright had forfeited unto him , can by an unheard and not easily to be believed ingratitude , after his Act of Oblivion and Free-pardon , neither deserved nor purchased , and preferments bestowed upon them , fall into such an oblivion as nature abhorres , and humanity must needs blush at , and not offer any thing in a benevolence ordered by Act of Parliament instead of a Tax or Subsidie . And very many of those which did give any thing ( some loyal and right-hearted excepted ) having obtained of the King to give away the principallest Flower of his Crown , by releasing of his Tenures in Capite and by Knights service , and promised him Tenures in Corde in part of satisfaction , would not be pleased to find the way afterwards to give him so much as the twentith part of their yearly vain and unnecessary expences towards the relieving of the publick and his private necessities . For the better information therefore of all such who are unwilling to part with a Fancy , that the Revenues of our Kings of England are immense or largely sufficient for their occasions , and to dispose them to the duty which the Laws of God and Men have commandded and directed ; and evidence the reason and necessity which the King now hath to demand a supplement of his Revenue , and for his good people of England not to deny it him , and that the decayes and ruins thereof have not been occasioned only by an heretofore ill-management of the Finances , but by time , and an age of many ages , multiplicity of expences , indulgences to the people , and necessity of affirs and government , which exhausting the radicall heat and moysture , have so spent the spirits of the body politick , as they have brought it to that feinting , languishing and weak condition it is now in . It will not be inconvenient from the mountains and hills of time to look down into the valleys of the ages past and take a short view ( for a longer would better become the designe of a Volume then what is here briefly to be represented ) of the Revenues of our Kings of England before and since the Conquest . CHAP. I. Revenues of the Kings of England . IN the Prospect whereof it will be more then a conjecture , that those of the Saxon race , before the Norman Invasion , had in their Heptarchy ( except Wales , and the barren and mountainous part of our Britain , to which the distressed Reliques of that Nation had for shelter and safety retired ) the most part of the Lands and Revenues of the British Kings ; that Egbert King of the West Saxons , and Alured , and after them Edgar sole Monarch of Albion and the Saxon Dominions , and his Successors , having possessed themselves of all the other Kings Estates , could not probably be without very large Demeasnes and Revenues , and that not only they , but all the succeeding Saxon Kings have made the support of themselves Regality , Government , and Affaires in and by the constant and certain Revenues and profits of their Lands in Demeasne and Service , which as a Sacrum Patrimonium and concomitant of the Crown , may by the ancient Charters of many of our Kings before the Conquest , the grant of the Manor of Malling in the County of Sussex by Egbert King of the West Saxons , in An. Dom. 838. distinction of Crown Lands and Terra Regis ( a great part of which were no other then what was since , and is now called Antient Demeasne ) mentioned and recorded in Doomesday book , that Liber censualis and grand Register or Survey of the Lands of the Kingdome precedented by the Book or Roll of Winchester , made by King Alfred or Alured , a resumption of some of the Crown Lands in the reigns of King Stephen , Henry the Second , and Henry the Third , and several of their Successors the Articles enquired of in the succeeding Eyres , a Judgment in 6 Edw. 1. against the Abbot of Feversham for some of the Crown lands which were aliened by King Stephen . And the opinion of Bracton , a Judg in the later end of the reign of King Henry the Third lib. 2. de legibus & consuetudinibus regni Angliae , that , Est res quasisacra res fiscalis quae dari non potest , nec vendi , nec ad alium transferri a principe , vel a rege regnante , & quae faciunt ipsam coronam & communem utilitatem respiciunt , may be understood to be unalienable . And by the casuall and uncertain profits & revenues of the Crown Jure superioritatis , which to such as shall acquaint themselves with the Saxon Lawes , Customes , and Antiquities , will appear to be Escheats and Forfeitures , Mines Royall , Herriots , Reliefs upon the deaths of Tenants in Capite , and by Knights Service ( which in those more gratefull times amounted to very much ) the benefit of Tolls and Customes , Manbote , Blood●ite , with many other Wita's and Wera's Capitis estimationes , mulcts , penalties , and fruits of the Kingly Prerogative , which then , and with Wardships , Liveries , Profits of Annum diem & vastum Fines , Assart lands , and Fines for Incroachments , Purprestures , and divers other things in many Kings reigns after the Conquest were used to be exactly and carefully collected by the Comites , or Earles and Governours of the Shires or Provinces who had the third penny , then accounted so much as to become an honourable allowance for their collecting it ; and the Praepositi , Shire Reeves , and other Officers of the Crown , and in the Courts of Justice , as well great as small , and the Iters and Circuits of the Justices : and that when the sinnes and miseries of our Saxon Ancestors had enriched William the Conqueror , and entitled him to the Directum Dominium of all , and the utile Dominium of the greatest part of the lands and possessions of England : and he had given away much of it to his great Commanders , Friends , Allies & Souldiers ( many of whom were not without their own patrimonies and great possessions in Normandie and other transmarine parts ) and glutted them with the spoils and inheritance of the English ; and had to those large Territories and Demeasnes which he reserved to himself , and the Terra Regis and antient Demeasnes of King Edward the Confessor , which he united to the Crown a further increase by the no small Estates and Inheritances of some of his after unquiet great Nobility , as Edwin Earl of York , Ralph Earl of Suffolk , William Fitz-Osberne Earl of Hereford , Edric surnamed the Forrester Howard le Exul , Waltheof Earl of Northumberland , and divers other of the English and Normans . That which most concerned him and his successors in the reigns of William Rufus and Henry the First , the former of whom had his Estate augmented by the temporalties and vacancies of Bishopricks , Abbies and Priories , and the later by the Attainders and great Estates and Inheritance of Robert Mowbray Earle of Northumberland , Robert de Belesme Earle of Arundell and Shrowsbury , William Earle of Mortaigne and Cornwall , ( both of them having much in demeasnes , and a great deal more in service for Aydes in warre , holden of them , their Coloni or Glebae adscriptitii , socage Tenants , which did most of their servile works without money , and paid them besides an annual Rent in corn and other houshold provisions , ) was to quiet the ruined English , and by intermarriages of them and the Normans and Forreigners and other establishments , to assure what was gained to their posterities , the plenty and abundance whereof continuing through the reigns of King Stephen and King Henry the Second , who greatly inlarged his Dominions by the Dutchy of Aquitain , Earldomes of Aniou , Main , Poictou Touraine , and other Provinces and parts of France , the Lands of Henry de Essex his Standard-bearer by inheritance , forfeited for the treason of throwing it down and flying , and reporting that he was slain ; the Earldome of Lincoln ( Earldomes being then and long after not without great Possessions and Revenues belonging to them : ) the Lands of William Peverell Lord of Nottingham ; Conquest of Ireland , and whole Counties and Provinces thereof comming to be the Kings Demeasnes and the forfeitures to Richard the First of many of his Nobility and others who had taken part with his Brother John in his usurpation of the Regall authority . All which with the Escheats and Forfeitures of the Terra Normanorum in England , upon the losse of Normandy by King John unto the French , confiscated Lands of a great part of the English Nobility and Gentry , after the misfortune of Henry the Third , in the unquietness of many of his Barons and People , his better fortune in the battel of Evesham , and subduing them in the forty ninth year of his Reign , the accession to the Crown of the Earledoms of Derby , Leicester , Salisbury , and the County Palatine of Chester , with the vast Territories and Estates which belonged unto them , and many other lesser Escheats and Forfeitures ; the Forfeiture of Roger Bigod Earl of Norfolk and his Earldome , and great Possessions with divers other Escheats and Forfeitures , the Principality of Wales and the Conquest of Scotland in the Reign of King Edward the First , confiscating of the lands of inheritance ( for from the making of the Statute de Donis or Entails in Anno 13. of Edward the first , untill Anno 5 & 6 of Edward the sixth , Lands entailed were not forfeited for Treason ) of Thomas Earl of Lancaster , Lincoln and Derby ; Humphrey de Bohun Earl of Hereford and Essex ; of the Lords Clifford , Warrein , Lisle , Tutchet , Cheney , Mowbray , Teyes , Aldenham , Badlesmere and Gifford , and many other men of great note and eminencie to King Edward the second , the lands of Mortimer Earl of March , Edmund Earl of Kent , and the Escheat of the great Estate and Inheritance of Hastings Earl of Pembroke to King Edward the third , with several other confiscations and forfeitures , and his Conquest of a great part of France , the forfeitures of Robert de Vere Duke of Ireland , Michael dela Pooli Earl of Suffolk , of the Duke of Gloucester , Earles of Arundel and Warwick , and divers other great Inheritances to King R. 2. the marriage of John of Grant fourth son to King Ed. 3. to Blanch the sole daughter and heir of Henry Duke of Lancaster , Earl of Derby , Leicester and Lincoln , making that of Lancaster to be as a Principality or little Kingdome , which by Henry 4 , 5 , 6 , and 7th Kings of England coming afterwards to attend the Royal Dignity , accompanied by the forfeitures of the Dukes of Exeter and Albemarle , Mowbray Earl Marshal , Earles of Kent , Salisbury Huntington , Northumberland , Stafford , March and Worcester Owen Glendour ; Lords , Hastings , Despencer , Falconbridge , Bardolph , and many others to King H. 4. and the lands of the Earldome of Oxford long detained by him , confiscation of the lands of the Prior Aliens , and all France conquered and in possession , and many other great Estates coming to Hen. 5. by the Attainders of Richard Earl of Cambridge , Earl of Northumberland , Henry Lord Scroop ; the lands of Widevill Earl Rivers , and divers other Barons , the Dukedomes of Exeter and Somerset , and Earldome of Devonshire , and many other Lands and Inheritances forfeited to King Edward the Fourth , the Lands and Estate of Henry Duke of Buckingham , Earl of Stafford and Northampton , and Lord of Brecknock and Holderness , Henry Earl of Richmond , and Jasper Earl of Penbroke , with some other to King Richard the Third , accumulated by the great and Princely Inheritance of Richard Duke of York , and all the partakers of him and King Edward the fourth his brother , with the Lands and great Inheritance of the Countess of Warwick , gained by King H. 7. his fortune at Bosworth-field , and the marriage and inheritance , of the Royal and principall heir of the white Rose ; the confiscations of the lands of John Duke of Norfolk , Earls of Surrey , Warwick , Lincoln , Lords Lovel , Welles , Audley , and divers others , like many great rivers running into the Ocean of the Crown revenues , made its Lands and Estate to be as vast in Demeasnes , and Service , as they were Princely and honourable . Which being likewise abundantly enlarged by King Hen. 8. by the unprosperous dissolution of the Abbey and religious Lands , which the envy of the Laity in the reign of King H. 4. had ( over and above ( as they said ) what would serve for the remaning Clergy ) computed to be sufficient and enough to maintain fifteen Earles ( which after the rate of Earls in those dayes and their grand revenues , could not be a little ) fifteen hundred Knights , six thousand two hundred Gentlemen , and an hundred Hospitals , besides twenty thousand pounds per annum to be given to the King ( which was then more then one hundred thousand pounds per annum is now ) and were at their dissolution six hundred forty and five Abbeys , Priories and Nunneries , ninety Colledges , one hundred and ten Hospitals , and two thousand three hundred seventy and four Chanteries and free Chappels , then valued at one hundred-eighty six thousand fifteen pounds eight shillings penny farthing per annum . And together with the forfeited Lands and Inheritance of Empson and Dudley , George Lord Rochford , Edmond de la Poole Duke of Suffolk , the Duke of Buckingham , Earl of Surrey Lord Dacres , and divers others and the confiscation of his two great Favourites Wolsey and Cromwell , the former of which left him the stately Palaces of Hampton-Court and Whitehall , and the recontinuing of divers liberties withheld from the Crown by the Lords Marchers of Wales , made so great an accession and increase as the Court of Exchequer was not thought to be comprehensive enough for the care and governance thereof without the short-lived Courts of the Survay , and Augmentation , and First-fruits erected by Act of Parliament for the separate management of the Ecclesiasticall Revenues . By the dissolution whereof shortly after , and not trusting the Exchequer with the better care thereof , the regal revenues if Mr. Christopher Vernon , a late antient and expert Officer of that Court hath not been mistaken , or miscast it , were not so little damnified as six hundred thousand pounds sterling ; or if plenty had not as it most commonly useth , introduced profusion , and carelesness , might otherwise have been saved . Which with the Lands and Inheritance of the Duke of Somerset , and others attainted , added by King Edward the sixth , the forfeitures of the Duke of Northumberland ; William Parr Marquess of Northampton , John Earl of Warwick , Sir Thomas Wyat and others to Queen Mary ; the Lands of the Duke of Norffolk , Philip Earl of Arrundel , the Earls of Westmerland , Essex and Southampton , Sir John Perrot , Leonard Dacres , and others in the reign of Queen Elizabeth , and hers as well as King Edward the sixth's ill advised and unhappy clypping and lessening the Lands and Revenues of many Bishopricks , Deans and Chapters ; forfeitures of the Lord Cobham & Sir Walter Rawley , and of Winter , Grant , and other the Gunpowder Traytors ; the great revenues of the Earles of Tyrone and Desmond , and other large confiscated Escheats and forfeited Estates in Ireland , which came to King James ( for before his reign and the subduing of Tyrone , that Kingdome as to the publick was a greater charge then profit ) addition of Scotland and all the Appennages and Lands of the royal Brethren and Princes of the blood of England in their several times and ages , falling into the Regal Revenues , would have made a plentifull support for the Crown of England , if they had tarried ( as they did not ) one for another , and continued unwasted and unaliened . CHAP. II. Supplies and Additions to the Royall Revenues , and the many cares taken therein by Parliaments and otherwise . WHich could not be prevented by a thousand sixty one pounds and three half pence per diem revenue ex justis reditibus , which William the Conqueror had in daily revenue , after his Knights Fees and his large gifts and rewards given to his friends and followers ( which in the now value of money and rates of provision would a great deal more then treble that summe ) as Ordericus vitalis , who was born in his reign , and died in the beginning of the reign of King Stephen , hath informed us exceptis muneribus regiis , & reatum redemptionibus aliisque multiplicibus negotiis quae Regis Aerarium quotidie aduagebant , besides , Gifts , Presents , Confiscations , and other things which did daily increase his riches , nor by sixty thousand pounds sterling , 〈◊〉 by him in his Treasury , his Censas Nemor●m , rents or profits of Woods , Escheats and incidents of Tenures in Capite and by Knight service , Hidage , Danegeld , Sponte oblata , for all Grants or Favours which passed from him , Cambium Regium , or benefit of Exchanges , rating of the Fees of the Officers of his Household to a certainty per diem , taking accounts upon oath for all his monies issued out or imprest for repair of his Castles and Houses , and fines for granting of Priviledges and Liberties , Contributions to William Rufus towards the building of Westminster-Hall , three shillings upon every hundred Acres or Hide of Land in England to King Hen. 1. and his providence in making every third year a survey of his Woods and Forrests , changing of the penalites of mutilation of members into pecuniary mulcts , turning of his rents which were formerly paid in corn and other houshold provisions , into money , and six pence overplus in every pound for any loss or abatement which might happen in the value of money , which being then by reason of his often absence and residence in Normandy reckoned to be good husbandry , proved shortly afterwards by the change of times , & dearer rates of provision to be the contrary , and a great disadvantage to his Successors ; one hundred thousand pounds in money , besides Plate and Jewels left by him in his Treasury , and possest by King Stephen , resumption of divers Lands aliened from the Royal Revenue ; reforming of the Exchequer by Hen. 2. revoking of all Grants of Lands aliened from the Crown , of the Castles of Clebury , Wigmore and Bridgnorth from 〈◊〉 Mortimer , City of Gloucester and Lands belonging unto it from Roger , Fitz Miles Earl of Hereford , Castle of Scarborough from William Earl of Albemarle , with many other Lands , Towns and Castles ; and from William Earl of Mortain and Warren , base Son to King Stephen , the Castle of Pemsey and City of Norwich ; notwithstanding that himself had granted them to the said William Earl of Mortaign in his agreement with King Stephen , alledging that they were of the Demeasnes of the Crown , and could not be alienated , calling of certain of his great Ministers of Estate to account , and imposing a Tax of two pence upon every yoke of Oxen in Ireland , and two pence in the pound by Act of Parliament of every mans Lands and goods in Normandy , to be paid in the year 1166. and a penny in every pound to be paid for four years following , for the relief of the Christians in the Holy warre , enquiring by his Justices Itinerants , and Articles in Eyre in England of the rights of his Crown and Exchequer , taxing in the 32. year of his reign all his Dominions in France , with the Tenth of the Revenues for that year of all , as well Clergy as Laity but such as went in person to the Holy warre , the tenth of all their moveables , as well gold as silver , and the tenth of the moveables of two hundred of the richest men in London , and of one hundred in York , banishment of William de Ipre Earl of Kent , with his Countrymen and followers , when they grew to be a burden to the Kingdome ; nine hundred thousand pounds in money besides Plate and Jewels inestimable left in the Treasury to his Son King Richard the first , great summes of money gained by him by renewing Charters and Fines imposed upon Sheriffs and Accomptants , and such as had taken part with his Brother John in his usurpations , the tenth of all moveables granted to him , and the City of London giving him a voluntary contribution towards his voyage into the Holy Land ; banishment of Otho Earl of York , the Son of his . Sister and all the Bavarians ; a fourth part given him by Parliament of all spirituall and temporall Revenues , as much for moveables , and twenty shillings for every Knights Fee , resumption of many Grants of Lands and Annuities , two shillings of every plough land taken for preparation of a journy to Normandy ; examination of the Accounts of his Exchequer Officers , five shillings laid upon every plough land for another forrain voyage , and a general survey made of his Lands and Profits . Three shillings for every plough land granted by Parliament to King John for his affairs in Normandy , one hundred thousand pounds taxed upon the Clergy towards his charges in Ireland , a thirteenth of all Spirituall and Temporall mens goods , twenty six shillings eight pence for every Knights Fee two shillings upon every plough land , an Ayde of twenty six shillings and eight pence of every Knights fee towards his warres in Wales , with Escauge of such as held of him besides Benevolences , Escheats and Americiaments ; twenty shillings of every Knights see towards his charges in Normandy , forty shillings at another time , and an Ayde for the marriage of his Sister Isabel to the Emperor Frederick . The fifteenth part of every mans moveables to King Henry the third for a confirmation of Magna Charta and Charta Foreste , fortieth part of every mans goods towards the payment of his debts , and a thirtieth part afterwards granted by Act of Parliament , much of his Forrests and Woods converted to errable land , his Parks of Woodstock and Gillingham ploughed , many Grants made in his minority revoked , his great Officers as Hubert de Burgh Earl of Kent , Chief Justice of England , and others called to account , Ranulph Britton Treasurer of his Chamber fined in one thousand marks , a great summe of money given by the City of London to be made Toll-free , every one that could dispend in land fifteen pound per annum ordered to be knighted or pay a Fine ; great summes of money gained by composition with Delinquents at seven years value of their Lands by the Dictū de Kenilworth , his houshold charges lessened , a meaner Port kept , less Almes given , his Jewels and the Crown royal pawned , Plate sold to pay his debts at no greater a value then the weight though the workmanship did cost as much , and the golden Shrine of Edward the Confessor , forty shillings for every Knights see twice assessed for his warres in Gascony , great sums of money raised of the Iewes , the banishment of the Poictouins and his half-brothers who had made it too much of their business to beg what they could of the Revenue , and by his own sometimes sitting in the Exchequer to preserve it ; thirty two thousand pounds sterling received of Leolin Prince of Wales propaee habenda , and a resumption of divers of the Crown Lands which had been aliened . Nor by an Inquiry in Anno 4. of King Ed. 1 , by Act of Parliament of the Castles , Buildings , Lead and Timber of the Kings , his Demeasnes , Parks , Woods , extent of Manors , forrain Parks and Woods , Pawnage , Herbage , Mills , Fishings , Freeholds , Cottages , Curtilages , customary Tenants , Patronages , Perquisit●s of Courts , Liberties , Customes and Services ; a Subsidie in Anno 6. of his reign of the twentieth part of every mans goods towards the charges of his warres in Wales , the Statute of Quo warranto in Anno 18. to inquire and seise into the Kings hands all liberties usurped ; a Subside in anno 22. of his reign upon Woolfels and Hydes transported , a tenth of all goods , the eighth of the goods of the Citizens and Burgesses , a twelfth of the rest of the Laity , and a moiety of the Clergy ; in anno 25. and in anno 26. the ninth penny of the Commons , the tenth penny of the Clergy of the Province of Canterbury , and the fifth of York , taking away much monies from the Priors Aliens , payment by the Clergy in anno 23 of all such summes of money which they had promised to pay to the Pope towards the maintenance of the Holy warres , and half a years value of their Ecclesiasticall livings and promotions , abased monies , four hundred and twenty thousand pounds fifteen shillings and four pence raised from the Jewes , and a farre greater summe afterwards , contribution of ships and ship-money by the maritime Coasts and Counties in case of danger and invasion , sixty five thousand marks of silver received for Fines of some corrupt Judges , and great summes of money likewise for forfeitures by an Inquisition or Commission of Trail Baston . A fifteenth of the Clergy , and a twentieth of the Temporalty to King Edward the Second , in anno primo of his reign , the moveables and personal Estate of the Knights Templers in England , Contribution of ships and ship-money by the maritime Counties ; a fifteenth in anno 6. and the great and rich confiscated personall Estates of the two Spencers , Father and Son , and an Ordinance made pro Hospitio Regis , concerning the regulation of his Houshold . Thirty thousand marks paid to King Edward the third in anno 2. of his reign by Robert Bruce King of Scots , to release his Soveraignity to that Kingdom ; a tenth of the Clergy Citizens and Burgesses , and a fifteenth of others granted in anno 6. of his reign , Aids of ships & ship-money by the Sea-coasts ; and in an . 13. the tenth sheep of all the Lords Demeasnes except of their bound Tenants ; the tenth fleece of wool , and the tenth lamb of their store to be paid in two years ; and that such of them or their Peers as held by Baronie , should give the tenth of their grain , wool and Lamb , and of all their own Demeasnes , and two thousand five hundred sacks of wool given by the Commons anno 14. the ninth of the grain , wool , and lamb of the Laity , to be paid in two years ; the ninth of the goods of the Townsmen , and the fifteenth of such as dwelt in Forrests and Chases anno 17. forty shillings for every Sack of wool over and above the old rate anno 18. a Disme by the Clergy of Canterbury for three years , two fifteenths of the Commons , and two dismes of the Cities and Towns to be levied in such wise as the last in an . 20. two fifteens to be paid in two years anno 21. two shillings upon every Sack of wool , granted by the Lords without the Commons in anno 22. three fifteens to be paid in three years : All such treasure as was committed to Churches throughout England for the Holy warre , all the goods of the Cluniacques , Cistercians , and some other Orders of Monks , half the wools of the Laity , and the whole of the Clergy ; the jewels of the Crown pawned , imprisonment of his Treasurer , abasing some of his 〈◊〉 and ordaining some of his Exchanges of money to be at London , Canterbury and York , monies abated in weight and made to pass according to former value , and the profits which the forrain Cardinals enjoyed in England during their lives , taken into his hands ; one hundred thousand pounds received for the ransome of John King of France , great sums of money for the ransoming of David King of Scotland , Philip afterwards Duke of Burgogne , Jaques de Bourbon , and many of the French Nobility ; fifty shillings granted by Parliament in anno 43. for every sack of wool for six years ( by which imposition only , as the Trade of Wools and Cloathing then flourished , the King , as it was computed , might dispend one thousand marks per diem ) fifty thousand pounds by the Laity , and as much by the Clergy , granted him by the Parliament in anno 45. to resume his right in France : a Poll-money by Act of Parliament of four pence for every person of of the Laity that took not almes , of every Clergy-man beneficed twelve pence , and of every Religious person four pence , in anno 50. and a resumption of divers of his Crown Lands . A Subsidie in the first year of K. Richard the second levied upon the great men , to spare the Commons , Poll-money of every person above fifteen years old , Fines of seaventeen shires in anno 21. and causing them to pay great summes of money for aiding the Duke of Gloucester , and Earles of Arrundel and Warwick ; the Bohemians which pestered his Court banished , and a resumption of divers of his Crown Lands . A tenth of the Clergy , and a Subsidie of twenty shillings upon every Knights Fee , twelve pence of every man and woman that could dispend twenty shillings per annum above reprises by their Lands , and so proportionably according to their land revenues , twelve pence of every one whose goods were valued at twenty pounds , and proportionably to what it exceeded , gran-to King Henry the fourth ; seven hundred thousand pounds found in King Richard the second 's Treasury , two fifteenths of the Commons in the sixth year of his reign , a tenth and a half of the Clergy , and of the Commons two fifteenths in the ninth , a Subsidie by the Laity , and half a mark a piece of the Stipendary Priests and Friars , in the tenth a Subsidie to be levied through the Realm , and in anno 11. a fifteenth , a resumption of many Grants and Annuities , regulation of his Houshold , and banishment of the Gascoigners and Welsh , impoverishing him and the Kingdom by Petitions and Suits . Great summes of money given to King Henry the fifth by the Clergy , a Subsidie by the Clergy and Laity , a double Disme , and a fifteenth by the Laity , and in the 9th year of his reign two tenths of the Clergy , and a fifteenth of the Laity , and another fifteenth in the same year , his Crown Royall and Jewels pawned , and a resumption of divers Lands and Annuities granted to unworthy persons . To King Henry the sixth in anno primo of his reign a Subsidie of five Nobles upon every sack of wool transported for three years , forty three shillings of every sack of wool carried out by Merchant strangers , a Subsidie of twelve pence in the pound of all merchandize imported or exported , 3. shillings upon every Tonne of wine for three years granted by Parliament , in 〈◊〉 3. a Subsidie of three shillings upon every Ton of 〈◊〉 and of all other Merchandize twelve pence per pound , except woolfell and cloth or every Benefice of ten marks per annum , ten of that parish to pay six shillings and eight pence , of every Benefice of ten pounds per annum , ten parishioners to pay thirty shillings , and four pence , and so rateably for every Benefice : And of the Inhabitants of Cities and Boroughs every man worth twenty shillings above his Housholdstuff , and his own and wives Apparrel four pence , and upwards after that rate or proportion ; in anno 8. a Disme and fifteenth of the Laity . Great summes of money raised by King Edward the fourth by penal Lawes and Benevolences , resumption in the seventh year of his reign of all manner of gifts which he had given from the first day of his reign ; A Subsidie in anno 8. of two fifteens and a half , and in anno 13. a Subsidie . Some Taxes laid upon the people by King Richard the third , and a resumption of all Lands and Estate granted to Elizabeth Grey Queen of England . A Subside to Henry the seventh in an . 2. of his reign at a tenth of every mans goods towards the setting forth an Army into Britain anno 4. two fifteens of the Laity , and two Dismes of the Clergy , Poll-money , of every Duke ten marks , every Earle five pounds , every Baron four pounds , every Knight four marks , of every one worth forty shillings , twelve pence , of every one that took wages twelve pence , of every man above fifteen years old four pence ; anno 6. great Benevolences , anno 11. a Subsidie towards his warres in Scotland , anno 〈◊〉 Benevolences and great Fines upon penal Lawes , 〈◊〉 ●●ghteen hundred thousand pounds left in his Treasury ▪ say the Historians , but as the Lo●d Treasurer Cecil Earle of Salisbury , informed King James four Millions and a halfe . Divers Subsidies granted to King Henry the eighth in anno 6. of his reign , and in anno 14. another Subsidie upon goods , a years value for one year of all the Clergies spiritual livings , a great summe of the Laity in the Parliameat following ; anno 25. a Subsidie of four pence per pound in goods from twenty shillings to five pound , from five pounds , to ten pounds , eight pence , from ten pounds , to twenty pounds , sixteen pence , from twenty pounds and upwards , two shillings , of all strangers double , of all Strangers not Inhabitants four pence a head , of every one that had Lands , Fees , or Annuities ▪ eight pence the pound , from twenty shillings to five pounds , and so doubled according as they did for goods by several proportions , and of the Clergy three shillings in the pound ; great sums of money and treasure by the confiscation of Cardinal Wolsey : Anno 26. tenths and first-fruits of the Clergy formerly paid to the Popes granted unto him ; An. 36. a Benevolence ; An. 37. a Subsidie of six shillings per pound of the Clergy , two shillings eight pence of the goods of the Laity , and four shilligs per pound of Lands , tenths of all Abby and Religious Lands reserved upon his Grants , two hundred thousand pounds paid by the Clergy of the Provinces of York and Canterbury to be excused from a Praemunire , and the vast and inestimable treasure in Money , Plate , Shrines , Jewels , Copes and rich moveables upon the spoil of the Abbies and Religious Houses . An Ayde given by Parliament to King Edward the sixth , in the 2d . year of his reign , of twelve pence per pound of the goods of his naturall Subjects , two shillings per pound of Strangers for three years , of every Ewe kept in several pastures three pence , of every Weather two pence , of every Sheep kept in the Commons three half pence , and eight pence per pound of every woollen Cloth made for sale throughout England , anno 6. Commissions given out for sale of Church goods , an . 7. one Subsidie and two fifteens granted by Parliament , and the gain for some years made by the Coynage of Bullion sent from Sweden and returned in Merchandise . One Subsidie of the Laity given to Queen Mary in anno 2. of her reign , eight pence in the pound , from five pounds , to ten pounds , from ten pounds , to twenty pounds sixteen pence per pound , and of all strangers double . To Queen Elizabeth in anno primo , a Subsidie and two fifteens of the Clergy , and a tenth of the Temporalty : Anno 5. a Subsidie of the Clergy and two fifteens of the Temporalty ; Anno 8. a Subsidie of the Clergy , and a subsidie , fifteenth and tenth of the Temporalty ; Anno 13. a Subsidie of the Clergy , one subsidie , two fifteenths and a tenth of the Temporalty , anno 18. a subsidie of the Clergy , two fifteenths and tenths of the Temporalty ; Anno 23. the like , Annis 27. & 29. the like ; Anno 31. two subsidies of the Clergy and three subsidies and six fifteens of the Temporalty ; Anno 39. three subsidies of the Clergy and Temporalty , and six fifteens of the Temporalty ; An. 43. four subsidies of the Clergy , and four subsidies and eight fifteens of the Temporalty , the pawning of many of her Jewels , and mortgaging divers of her Lands . A Subsidie of Poundage and Tonnage , Wools ; Woolfels and Leather anno primo Jac. two parts of Recusants Lands convicted ; in anno 3. four Subsidies in the pound by the Clergy , and three entire Subsidies , and three Fifteenths and tenths , and three hundred and fifty thousand pounds for Subsidies unpaid to Queen Elizabeth ; Anno 7. an Ayd to make his Son Prince Henry a Knight ; Anno 18. two Subsidies of the Laity and three of the Crergy ; Anno 21. three Subsidies and three fifteens of the Temporalty and some Subsidies of the Clergy . Primo Car. primi , three entire Subsides by the Spiritualty ; 3. Car. five entire Subsidies granted by the Spiritualty , and as many by the Temporalty ; great sums of money raised by Ship-money , and by an Act of Parliament for Poll-money , pawning all his Jewels , and the benefit for some years of Coynage , of two hundred thousand pounds of Spanish Bullion , and returning the value in English Commodities . All which being great supplies and easements to the charges and burdens of our severall and successive Kings and Princes ( and were not without some charge in the collection ) would have been much greater if the people of England , keeping close to a long custome of not only getting all that they can from their Kings and Common Parents , but returning as little as they could of their Aydes or Thanks unto them , would have permitted them to arrive to a just or true valuation , or any more then a small part of what they should be content to rate one another at , having by an Act of Parliament in 6. Ed. 3. obtained of the King , that from henceforth all Aydes should be taxed after the old manner ; and not otherwise ( the Subsidies being most commonly rated but at two shillings eight pence in the pound for goods , and four shillings in the pound for lands , with consideration of debts and other diminishing circumstances ) and put in the Ballance and compared with that which was given to the people , by the Confirmations of divers Kings and Queens of Letters Patents and Lands given therein , Coronation Pardons , the General Pardons of 21 Jac. those in the Reign of Queen Elizabeth , and of some of our later Kings and Princes ( for in the Reigns of many of the former , they were not so frequent , general , or usuall . ) The Act of Parliament of 21 Jacobi Regis , for debarring the Kings Title to concealed Lands after sixty years possession , where nothing within that time had been answered or paid to the Crown , or was in super , and the last all-surpassing Act of Indemnity and General Pardon granted by King Charles the second , would be farre surmounted by those and many other beneficiall Acts of Parliament , granted in every King and Princes reign , of liberties and benefits to the people . And were not enough or sufficient to repair the decayes of the Regal Revenues , or keep them from a consumption occasioned by their vast charges of our Kings as well in times of warre as peace , to keep their people in safety , peace and plenty , nor to cure the Revenue of a Hecticque Fever of almost 500 years continuance , though some of our Kings and Princes took some parts of Trade into their own hands to supply their necessities , as the Wool by King Ed. 1. Tinne by Ed. 3. that and corn by Hen. 6. and Beer transported by Queen Elizabeth , and notwithstanding the care and provision of divers Parliaments to have the Crown Lands not alien'd or wasted and the care of the Laws of England , that the grants of the King shall be void where he is deceived or not truly informed : The Ordinance in the 21 of Richard the second that whatsoever should come to the King by Judgment , Escheat , Wardship , or any otherwayes , should not be given away : That of primo King H. 4. ca. 6. that in a Petition to the King for Lands , Offices , or any Gift the value thereof shall be mentioned , and of that also which they have had of the Kings gift , or of other his Pregenitors or Predecessors before ; and in case it be not , their Grants shall be void and repealed ; the Ordinance of 21 R. 2. that the Procurer of any gift should be punished , continued untill 7 H. 4. untill the King should be out of debt , under penalty of forfeiting the double value for moving or procuring any such suit : The Statute of 4 of H. 4. cap. 4. that the King grant no Lands or other Commodities but to such as shall deserve them ; and if any make demand without desert he shall be punished by the Councell , and not obtain his suit : In 11 Hen. 4 , That Petitions for any such Grants delivered to the King be examined by his Privy Councell lest the Kings wants should light upon the Commons ; and in 2 H. 6. That all the profits by Wards , Marriages , Reliefs , Escheats , and Forfeitures should be expended in helping to defray the charges of the Kings Houshold , an account of the Kings Revenue in 1. Hen. 6. in England , Ireland , Wales and Aquitaine , and of his charges and expences delivered into Parliament by Ralph Lord Cromwell Lord Treasurer of England , and the Dukes of Bedford and Gloucester , and divers of the Lords of the Kings Councell appointed to consider thereof ; the Acts of Parliament in 18 and 43 Eliz. That the Queen should be answered for the overplus , of the value of Lands granted by her Letters Patents after the rate of threescore years purchase : The abating in several Kings Reigns the expences of Houshold and of their Retinue Favourites Gifts and Rewards , and lessening of charges in Warre by Tenures in Capite and Knight Service ; Aydes to make their eldest Sonnes Knights ; and for the marriage of their eldest Daughters , Profit of Annum diem & vastum , Aides and Assistances by Grand and Petit Serjeanties , Aurum Reginae , or something presented to the Queen in former Kings Reigns upon Grants of Lands or Estate , Licences to Trade with prohibited Merchandize , raising their Customes , and sometimes farming out their Ships , Fines upon licences of Alienation or Pardons , Espargne of the Royall Revenue by the Marriages of the Heirs of the Nobility and Gentry of great Estates , and transplanting and inoculating of great and Noble Families and Estates into one another , not only for their good and advancement , but the peace and welfare of the Kingdome , and the checque which King James gave to suits and importunities at Court after that he had given away too much of his English Crown Lands to his craving Countreymen of Scotland , publickly declaring what kind of Suits or Requests might be demanded of him , and what he would not grant ; his orders to have once in every quarter of a year Certificates or Accounts of moneys issued for his Houshold , Wardrobe , Jewel-house , Chamber , Navie and Stables , and his care and advice with his Privie Councel for supplies of his Revenues and regulating his expences , for that the Exitus was every year by affairs , troubles and cares of State , disturbances , and accidents often happening , a great deal more then the Introitus , the disbursements farre exceeding the incomes , the ordinary receipts coming farre short of the ordinary disbursements , and the extraordinaries very much out-going the ordinaries . CHAP. III. Ruine and Decay of the Revenues . BY reason of the great charges and expences which the Kings of England were at through their severall Generations , to protect and defend themselves and their people ( though some of them , as in all other conditions and sorts of men were sound to be less provident then others , and more easie to the flatteries of Courtiers , or the necessities or importunities of Favourites or Followers , as King Edward the second and King Richard the second ) sixty thousand Knights Fees , or maintenance for them given away by William the Conquerour of which the Religious Houses then , or in the near succeeding times , came to be possessed of 28115. the yearly value of which number of Knights Fees , if now they should be estimated but at ten thousand , and valued but at the rate of twenty pounds per annum , as they seemed to be at the making of the Statute of 1 Ed. 2. would be worth two hundred thousand pounds per annum , and if at three hundred pounds per annum , which is now the least of the improvement ( Sir Edward Coke reckoning eight hundred , and others six hundred and eighty acres to a Knights Fee , and others at the least allowing a large proportion ) would make three millions per annum sterling , two hundred and eighty Manors given to Godfry Bishop of Constance , which he left to his Nephew Moubray , the Isle of Wight , Earldome of Devon , and Honour of Plimpton given by Henry the first to Richard de Ripariis or Rivers , Earldome of Gloucester to Robert Fitz Henry ; great possessions given away by King Stephen to purchase love and fidelity , the great Estates in Land which Maud the Empress was inforced to grant , and her Son King Henry the second afterwards to confirme to divers of the great men and Nobility , as the Earldom of Oxford to Awbrey de vere , Earldome of Arundel to William de Albeney , Earldome of Hereford to Miles of Gloucester , and of Essex to Jeofrey Magnauile to forsake the usurping King Stephen , and the great charge which those twenty years warres expended ; the wars of King H. 2. in France , and with his own Sons there and at home , and of seven and forty thousand three hundred thirty three pounds six shillings & eight pence expended and given towards the warres of the Holy land , great somes of gold and silver sent to the Pope , charges of the voyage or expedition which King Richard the first made in person into Asia and the Holy Land and his ransome ; the Earldomes of Mortaigne , Cornwall , Dorses , Somerset , Nottingham , Derby and Lancaster with all their great possessions being a great part of the Crown Revenues given to his brother John , and a great part of the remainder sold : The troubles of King John with his boisterous Barons , the Stanneries Castles and Honor of Barkhamstead and County of Cornwall granted by King Hen. 3. to his Brother Richard his great warres and turmoils in the Barons warres , which drove him to such wants and perplexities as he and his Queen ( as Matthew Paris tells us were somtimes enforced to seek their daily and necessary sustenance from Monasteries , charge of endeavoring at a great rate and price , though unsuccesfully to make his Son Edmond King of Sicily , and furnishing his Son Edward afterwards King. E. 1. with an Army to Jerusalem , that of King Ed. 1. in his wars against the Scots , and subduing that Kingdom , the raising and advancing the unhappy Favorites , Gaveston and the two Spencers , Father and Son , by King Edward the Second , and his troubles , great expences of Edward the Third , in his Conquering of France , the Dukedom of Cornwal , and Earldoms of Chester and Flint , setled upon the Black Prince his Son , and the eldest Sons and Heirs of the Kings of England successively , preferring of Lionel Duke of Clarence , and his many other Sons , restoring of Don Pedro to the Kingdom of Castile , by the aid of the Black Prince , the Earldom of Salisbury , Isle of Man , Castle and Barony of Denbigh , given to Mountacute , and one Thousand Marks Lands per annum besides , to him and his Heirs for taking Roger Mortimer Prisoner at Nottingham Castle , one thousand pounds per annum with the Town and Castle of Cambridge , to William Marquess of Juliers and the Heirs of his body , Honor of Wallingford and Earldome of Cornwall escheated , given to John of Eltham his Brother , the penalties and fines of Labourers , Artificers and Servants in anno 36. of his reign given to the Commons for three years to be distributed amongst them the maintaining and humoring of severall Factions of the great Nobility by King. Richard the second his voyage into Ireland , and after misfortunes , raising of John Beaufort Earl of Somerset and John Holland , his half-Brother , to be Earl of Kent and Duke of Exeter ; dissentions and troubles in the Reign of King Henry the fourth , preferring another of the Beauforts to be Earl of Dorset , and his establishment as well as he could in his own usurpations , Chirk and Chirk Lands in Wales given by King Henry the fifth to Edmond Beaufort second Son of John Beaufort Earl of Somerset , the charge of his Conquest of France , the seeking to preserve and keep it by Henry the sixth , long and bloody Factions and Warres of York and Lancaster , Kendal , and other great possessions given to John de Foix , a Frenchman , in marriage with Margaret the Sister to William de la Poole Duke of Suffolk , the Earldome of Shrowsbury to the high deserving Talbot , the Isles of Guarnsay and Jersey , and the Castle of Bristol to Henry Beauchamp Duke of Warwick , the charge of King Edward the fourth in his getting the Crown , the Earldome of Pembroke given by him to William Lord Herbert , the making of friends and parties by King R. 3. pacifying of Interests by King. Hen. 7. his gifts and grants to Stanley . Earl of Derby , and the dying the white Rose into the Red , or uniting of them , the voyages and warres of King H. 8. in France , preferring of Charles Brandon to be Duke of Suffolk , Seymour to be Earl of Hertford , Ratcliffe Earl of Sussex , Thomas Manors Earl of Rutland , Sir Thomas Bolein to be Viscount Rochford and Earl of Wiltshire ; his contest with the Pope and other great Princes , large and great quantities of Religious and Ecclesiasticall Lands given away to divers of his Nobility many of whom had been the former Donors thereof , and to divers of the Gentry to corroborate what he had done , bring them into a better liking of that action , and to be the more unwilling to leave those Lands which he had given them , a remission of all debts without schedule or limitation in anno 21. of his Reign , endowing six Bishopricks and Cathedrall Churches , Pensions for life to many which were turned out of their Cloisters , a perpetuall maintenance to the Professors of the Greek and Hebrew Tongues , Civill Law , Divinity and Physick in both the Universities , and to twelve poor Knights at Windsor ; the warres of King Edward the sixth in Scotland , creating of John Dudley Earl of Warwick Duke of Northumberland , Seymour Duke of Somerset , Russell Earl of Bedford , St. John Earl of Wiltshire , Rich , Willoughby , Paget , Sheffeild , Barons ; his giving away great quantities of Ecclesiasticall and Chantry Lands , Viscount Mountague , Lord Howard of Effingham , Lord North advanced by Queen Mary , the Subsidie of four shillings in the pound for Lands , and two shillings for Goods granted to King Edward the sixth in the last year of his Reign , remitted by her , and nine thousand two hundred pounds land per annum of the Crown given away , paying at the same time twelve pound per cent . Interest for twenty thousand pounds borrowed of the City of London , and the greater charges and Expences of Queen Elizabeth , in protecting the Neatherlands and United Provinces , which cost her five hundred thirty four thousand pounds , and four hundred thousand pounds in succouring King H. 4. of France , besides what was disbursed for other Protestant Allies , guarding the Back-door of Scotland , relieving & guarding the young King , who was afterwards her Successor , endeavouring to reduce Ireland to its former obedience , which in a few years cost her , as the Lord Treasurer Cecill Earl of Salisbury in the Reign of King James informed the Parliament , nineteen hundred twenty and four thousand pounds , and defending her self from the Assaults and machinations of the Pope , King of Spain , and other Catholick Princes , advancing and enriching Cecil L. Burghley , Sackvile L. Buckhurst , Charles Blount Lord Mountjoy , Knowles , Wotton , Sidney , Carew , Petre , Compton , Cheney , Norris , and Stanhop , to be Barons ; and creating of the Earls of Essex , Leicester , Lincoln and Warwick : Remission of a Subsidie granted to Q. Mary , Farming of her Customs to Smyth but for thirteen thousand pounds per annum , afterwards to forty two thousand pounds , and raising them after that only to no more then fifty thousand pounds per annum , five hundred thousand pounds spent by King James in a totall subduing of Ireland , three hundred and fifty thousand pounds paid for Queen Elizabeth's debts to the City of London , for which some of the Crown Lands were mortgaged , and for debts to the Army , Admiralty and Wardrobe , and discharging the reckoning of brass money in Ireland with the same sums in silver ; his vast expences by Treaties and Ambassadours , amounting in the seventh year of his Reign unto five hundred thousand pounds , to keep us in our envied peace and plenty ; four hundred thousand pounds disbursed in relieving the Dutch , besides what was spent in satisfying the greedy cravings of the Scottish Nation , preferring and raising of the Duke of Richmond , Ramsey , Earl of Holderness , Earls of Carlisle , Kelley , Morton and Dunbarre , Howard Earl of Northampton , Carr Earl of Somerset , Herbert Earl of Montgomery , Villers Duke of Buckingham , Cranfeild Earl of Middlesex , Cecill Earl of Salisbury , Howard Earl of Suffolke , Mountague Earl of Manchester , Ley Earl of Marleborough , and Digby Earl of Bristol . All which and many more which might be here enumerated , did not only as was usuall in the Reigns of our former Kings , by necessary bounties encouraging of virtue and valour , rewarding of merits and high deservings of Ministers of State , and great Atchievements of men of warre through a successiion of ages , accidents , occasions , and reasons of State , draw and derive their honours from those fountains of Honour , but large Revenues and Lands many times likewise , to support and maintain their Dignities , and sometimes upon the Petitions of the Commons in Parliament , as to conferre upon John of Gaunt Duke of Lancaster , the Dukedome of Acquitaine in the reign of King Edward the third , to make John Holland the Kings half-Brother Earl of Huntington in the reign of King Richard the second , and to preferre and advance the Lords John and Humphrey , Sons of King Henry the fourth : and sometimes great Pensions and Annuities were given for life untill Lands could be provided to support them , in reward of virtue and their services done or to be done for the good of the Nation , and to continue them and their posterities as props and pillars of the Royall Throne in a gratefull acknowledgment of the favours received from it ; And besides those former rewards and Ennoblishments , puts it at this day for Creation money , paid to the Dukes , Marquesses and Earls , to no less a charge then one thousand pounds per annum , by which the people were in all ages no loosers , when the Honour strength and defence of the Kingdome was maintained and increased by them , and themselves kept in peace and plenty , the manner of living in ancient and better times , being with little money and small rents , great services , by the thankfull and ready duty and affections of Tenants to their Benefactors and mesne Lords , not only made them great in power , but enabled them to imitate their Princes , as much as they could in great hospitalities , deeds of charity and almes , building and endowing of Churches , Abbies , Priories and Religious Houses , and giving large Inheritances to their Servants , Friends and Followers pro homagio & servitio , and other dependances , Common of Estovers and of great quantities of Lands to severall Cities , Towns and Villages and in such a plentifull manner distributed and gave their Lands , as if the Lands in Capite & by Knight Service , Coppyhold Lands & Commons , which our King's Nobility and Gentry bestowed heretofore upon the inferiour sort of people , and what they dedicated to God by giving to Churches , Religious Houses , Colleges , Churches and Chappels , should be surveyed and measured , they would amount to no less then two parts in four of the Lands of the Kingdome . The quondam lethargie , sleepiness and unactivity of many of the Officers of the Exchequer who should be as the Argus eyes to guard the Royall Revenue ; the indulgence heretofore , or neglect of some of her Officers , and their not remembring that they were to be the Kings and his Treasurers Remembrancers , respiting or nichiling of his debts upon feigned Petitions , which can tell how to deceive the most carefull Barons or Judges of that Court , when their Soveraign suffered in the mean time very great damage for want of the money , the not duly estreating of all Fines and Amerciaments , corrupt compounding for such as were estreated by under Officers at easie rates , granting to the City of London their Fines and Amerciaments , want of looking after , as they doe in other Nations , the execution of those multitudes of penall Lawes ( which otherwise will be to little purpose ) and assisting the collection of the Kings legall profits arising thereby , the heretofore carelesness or corruption of some of our former Kings Officers , who for fees of favour enlarged their Charters and Grants to bodies politique , Cities , Towns and Corporations , and to as many private persons as would petition for them , and decked them with the flowers of the Kings Crown which were not to be parted with so easily . So as what by Grants or Prescription which in many cases is but the incroachment or filchings of liberties and priviledges , concealed or not well looked after , covered and drawn into a property by a time beyond the memory of man upon a meer supposition , that there might possibly have been a loyal or good grant or commencement for them , every little Manor of those multitudes of Manors and Franchises ( which the Commons in a Parliament of King Edward the third complained off ) and proportions of Lands in England ( many of which are called Manors by supposed Titles or reputation only ) as so many little Seigniories , Jurisdictions or Royalities as they are improperly called , have Courts , Leet and Baron and free warren , some of whom enjoy the honor and profit of the King in trying and executing Felons , and many using all manner of inferiour justice upon the Tenants , correction of the Affize of Bread and Beer , have Tolles , Fairs , Markets , Fishings , Waives , Estraies , Felons goods , and of persons outlawed , and waived , Issues , Fines and Amerciaments , Wrecks of Sea , Deodands , Mortuaries , Treasure , Trove , and punishment of breach of the peace , &c. granted or claimed as belonged to them . The not having a Clerk for the King besides the Clerks of the Assizes , to keep a Roll of all Fines Amerciaments and Profits due to the King in the Iters or Circuits , to estreat and certifie them into the Exchequer , as was usual in the Reigns of Henry the third , Edward the first , and the elder Kings , and many of the Justices of peace not duly certifying their Recognizances . The letting the Greenwax to Farm with defalcations of such as the King shall grant away , which breeds no smal neglect in the payment or gathering of it , the not duly making or sending the originall Roll of the Chancery into the Exchequer , the posting off many of the Kings Farms , and debts de anno in annum by some of the former Clerks of the Pipe , not holding the Sheriff to a strict opposal , nor inforcing them to pay the monies levied of the Kings before their discharge or departure out of the Court , not drawing of debts down into the Cedule Pipae , being a more forcible process ; the heretofore Stewards and Bayliffs of Manors belonging to the Crown , not justly accompting in the Exchequer as they ought , the not awarding ( as there shall be occasion ) Commissions to worthy Gentlemen of every County to enquire of the Kings debts not levied , and of the Sheriffs and other his Officers ; false Accomps , ordained by the Statutes of 3 E. 1. c. 19. and 6 H. 4. cap. 3. neglect of the former Clerks of the Estreats , and many other abuses crept into evil customes by some Officers or Clerks of that Court : and in anno 1641. discovered and published by Mr. Vernon ; the superfluous number and charge of many Stewards , Bayliffs and other Officers imployed , which besides the many deceits used by some of them to the King , and exaction upon the people , did , as was informed , in their annuall Fees paid and allowed by the King , yearly exceed three thousand pounds more then what they accompted for , the selling or granting away and dismembring many Hundreds , Wapentakes and liberties from the Crown , and bodies of the Counties , which the Statutes of 2 and 14 Ed. 3. doe prohibit to be aliened . The falshood of such as did formerly make kind and easie particulars to such as were to buy or have any of the Kings Lands given them ; knavery and abuse of Under Sheriffs , carelesnes and covetousness of the High Sheriffs in appointing them , and not looking better to the performance of their own oathes as well as theirs . The not duly accompting for prizes taken at sea , and other maritime profits : the heretofore sleepiness or slugishness of Justices of Peace in all or most Counties and Cities , who being intrusted by the Law to take care of the observation of some scores of Statutes and Acts of Parliament would , though their eyes and ears might almost every day perswade them to a greater care of their oathes and the good of their Country , too often suffer grosse and numberless offences to increase and multiply , and neither punish , molest or trouble them , or so much as give any information of them , and too many of the Clerks of the peace , Clerks of the Market , and others , not duly recording or certifying their Estreates . The customes which in all civilized Nations , and even amongst the Heathen are de jure Gentium , to be paid to Kings and Princes , and by the Laws of England and Parliament assent , are due to the King who is the Soveraign of the Sea , keeps the keyes of his Ports , gives safe conduct to forrein Merchants to come hither , and by his power , friendship and treaties with his Allies , neighbour , and other Princes , obtains the like with many priviledges for his own Merchants to goe and trade thither , prevents , with no small charges by his Ambassadours , kept in their Dominions all injuries , procures them right and justice , and in case of deniall forceth it , are now so daily cosened , and put up into other Pockets , as notwithstanding all the care taken in the farming or collecting of them , though the people upon the retaile are sure to pay them to the full , the King as it is believed doth not receive above a third part thereof , by reason of the treachery and connivance of the former Searchers or Waiters , and the Merchants defraying ( as they can sometimes confess ) the pompous charge of their City and Country Houses , Wives and Coaches , with their purloined Customes ; and that the cosenning of the King in his Excise yeilds them many times more then their Merchandise , and their Apprentices now not taken under three or four hundred pounds a peice , can live more like Gentlemen then Servants and purchase all kind of vanities , vice and pride with what they likewise filch and take from him and when the Customes are let to farm though the Farmers take them as they are capable of such kind of losses , can abuse their consciences , and perswade themselves that they do no wrong to the King , who is to have onely his Farm or Rent : And that howsoever the more they cozen him , the better they may be enabled to trade , and the more they trade the more may be his Customes . The not improving of their Lands & other Revenues by raising of their Rents and rates according to the rise of money and provisions which the Subjects have exceedingly , and to their great advantage done in their own Estates and Revenues , and ten to one more then what was formerly . The heretofore demising and letting to farm very many of the Kings Manors and Lands at the old ; and small Rents for three lives , 21. 31. or 40. years in Reversion , bespeaking a continuall wasting and weakening of his Revenues before hand . Discoveries of information of deceipts or wrong done to his Revenues seldome made , and then not without an allowance or gratification ; craved of three parts in four or a great share to begiven to the discoverers or prosecutors . Many mens pretending service to the King , but doing all they can to enrich themselves , and deceive and lessen him , and having by indulgence or cunning escapes from punishment , made vice look like virtue ; and their wickedness to be successfull ; or been brought off when not often catched by a gentle composition or some money or recompence given to a friend at Court or Conniver , are so habituated and used to cosen the King ; as notwithstanding the severity of our Lawes if they were let loose , and not too many of them laid , as they are , to sleep , they doe as frequently continue their practise in it , as they dress themselves and put on their cloathes , and can as little forbear or live without them , insomuch as some having been known to have been men of an otherwise strict morality , life and conversation , and dealing very punctually and honestly with all men but the King , can no more resist an opportunity or temptation of cozening of him , then a Child at a Basket of Cherries can forbear eating of them , or a Cutpurse not to be nimble in a crowd . Disuse of the duties of Sheriffs and Escheators , which by their then few conduit Pipes , did better look after the collecting the Kings Revenues , and with less trouble and charge to the King and people , bring it into his Cisterns , then those , who being under no oath or controll , are , as it is to be feared , by a too often respiting of the Kings debts , or laying them to sleep for some years , untill they be grown antient , many times the occasion of their being drowned in a Generall Pardon , begged by Courtiers , or made to be a new discovery , desperate or insolvent ; and by undertaking , more then they should doe , have to the greater charge of the King and his people disheartned and caused the more antient , more diligent , and powerfull Officers of the Exchequer for a great part of what belongs unto their Offices to be ineffectuall . Discontinuance of the Lawes and Customes for the collecting of the Regall Revenues , and the many excellent cares and orders of the Exchequer , as good as any Prince in the world can have or devise for the speedy and orderly getting in , issuing out , and accounting for the Revenue . A succession and improvement of knavery in some whom our former Kings trusted , occasioned or encouraged , by our warres abroad in France , after 4 Edward the first , for then there was an endevour of an Extenta Maneriorum , and an enquiry after many of the Rights and Regalities ( which are not retorned or certified in Chancery , nor any where else to be found , but by time and the troubles thereof are lost or carried away : And after the Statute of Quo warranto in 12 Ed. 1. for then also the great care and good husbandry of our Kings in preserving or improving their Revenues was not laid aside , or by the troubles of King Edward the second , and the irregularities of his Favourites ; for much about that time there began to be a quitting of the former cares of the Revenue , or by our successfull warres abroad in France by Edward the third and Henry the fifth , the unhappy Quarrels of the York and Lancastrian Families for almost sixty years together , and the hatching or breeding of them in the unquiet and unfortunate reign of Richard the second , or the short reign of Hen. 7. who had not time enough to reduce things into their former Channel , but was busie in gathering the treasure which he left to his Son Henry the eighth or being newly settled in his Throne , did not think it safe or seasonable to make alterations or put them into their former or better order ; or the great increase of Revenue as well as treasure in Money , Plate and Jewels to Henry the eight by the dissolution of the Abbies and religious Houses , or that the fragments not given away or disposed by him , employed the bounty and munificence of his Successors Edward the sixth and Queen Elizabeth during their severall reigns , and her many great cares and affairs of State otherwise busying her , or our Halcion dayes , peace and plenty in the reign of King James , and a great part of the reign of King Charles the Martyr , and the hearkening to pretences , and erecting more Offices to hinder the cheating and knavery of others , when as the proposers either by intending it at first , or easily learning to imitate or exceed them , did afterwards draw from the King and People more money then what their undertakings ever amounted unto , and proved to be as little for the Kings good as Sir Simon Harvey's design of Reformation in the Reign of King James , for the better ordering of the Expences of his House , where after many dishonorable essayes and retrenchments , casting many of the Kings Servants into ruine and discontents , and serving some of the Tables with half a Goose instead of a whole one , he could at last , when he had gained a pension of five hundred pounds per annum for his own life and his wives , put up all his Engines , and conclude with making every thing worse then it was before . And no better a husbandry then those that will feed and give wages to half a dozen Shepheards to keep a score of sheep , and allow them the keeping of some of their own into the bargain , and make no better a totall at the years end , then the Gardner which gives entertainment to a multitude of Catterpillers in his Garden , and thinks it is preserved by them , the waters being ever likely to come short , or but faintly when instead of fewer or greater Pipes , which brought it better , there , shall be so many to divert or wast it in the way or passage to the Royall uses . The necessity of Intelligence , Leagues and Correspondency with neighbour and forraign Princes and States , and the charges incident thereunto ( which cannot be thought to be small , when as that with the house of Burgundy within the space of sixty years , betwixt the reign of King Henry the sixth , and the later end of the reign of Henry the eighth amounted to no less then six millions ) the more then formerly greater charges of sending and entertainment of Ambassadours , Princely Gifts and Presents to such as come hither , and the Generall Pardons at the end of severall Parliaments granted by our Kings and Princes , and to the great advantage of the People of late petitioned for as a kind of custome and renumeration for some Ayds or Subsidies , which came not up most commonly to a moiety of what was in every Parliament quitted and released to them . The granting away in all ages many of the Royall Rights and Prerogatives to the people . And in a long course and series of time , like some aged parents in love to some of their children , or by the importunites , or designes , of others , giving away too much of their own Revenues and Estate , and bereaving themselves of that which is now thought too little for those who have gained it from them . Restorations ( and many times by petitions of one or both Houses of Parliament ) of the Lands and Estates which came to the Crown by Attainders and Forfeitures for Treason ( their confiscations never amounting to the damage done by such attempts and Rebellions , and the charge of suppressing them , and defending themselves and their people ) to reconcile the Heirs , Posteritie and Allies of such as had been attainted and induce them to a better obedience and love of their Country . The no small charges susteined heretofore , by granting yearly Pensions or Annuities to severall of the Nobility to serve extraordinary , besides the ordinary duty of their Tenures , with certain numbers of gens d' armes , and Bowmen in times of warre , or upon necessity , the building and endowing of many Colleges and Halls in the Universities , Eaton and Winchester Schools , and endowing with great yearly Revenues the Famous Hospitalls of Bridewell and Christ-Church in London , and St. Thomas in Southwark , building and endowing a great part of the Cathedrals in England , the Castle and Chappel of Windsor , and Palaces of Sheene , Woodstock , Richmond ; repair of the Tower of London , Castle of Dover , &c. Charges for the honour of the King and Kingdome in making and installment of Knights of the Garter , and the costly ceremonies thereof , and not seldome sending Ambassadours with it to forraign Princes , expences in making of Knights of the Bath ; and in the reign of our more antient Kings for Furres and rich Vestments , in making Knights Bachelors . Charge of the Courts of Justice and Circuits , to preserve the peoples Rights , Properties and Liberties , protect them from injuries , and punish the transgressors , now taking away yearly from the regal Revenue fifteen or sixteen thousand pounds per ann . ( which in honester and cheaper times , was in the Reign of Henry the sixth as much as worshipfully defrayed , as the Record saith , the expences of his then no small retinue and houshold ) with the greater charges now more then formerly in all other the necessaries and affairs belonging to the Kingly Office. A daily and almost hourly distribution and giving of Royall favours and munificence , and necessity of much of it , when as that which amongst private men is accounted providence , thrift and good husbandry would be an unbecoming sparing in Princes , and an avarice and temptation to oppress the people , and that which in others would be prodigality , or a wast and consumptions of their Estates , and reckoned as a folly is in Kings and Princes , most necessary in their bounties and favours wherewith to satisfie and keep in quiet as well as they can multitudes of people , whose numberless passions , iniquities , ill humors , designs , necessities and interests are by the Sword of Justice in one hand : and the Royal Scepter of grace and Benevolence in the other , to be kept in order by love , honor , obedience and loyalty , the best increasers , maintainers and preservers of publick peace and tranquility , which those who have suffered in the want of it but some daies , or moneths , or a year , or few years , or our last twenty years folly and miseries , may know how to esteem and value . A dayly or very often craving and petitioning of some or many of his Subjects , and the largeness of a royal heart and hand like an over indulgent Parent , taking a pleasure and content to divest himself to enrich and give them content . The vast difference betwixt the charges of Navies and Armies now more then formerly , when a Hobler or Dragoon Horseman which was wont to be heretofore hired at three pence per diem , now hath no less then two shillings six pence , a Footman eight pence , the pay of a Troop of horse cannot be under four thousand pounds per annum , and of one hundred and eighty men in a Garrison three thousand six hundred pounds per annum . The course of warre i● the later ages growing more and more tedious and chargeable , and so immense , as the Dutch notwithstanding their sout gelt , or Tax upon salt , their vectigal frumenti for corn grinded at their Mills , the eighth part of the price of Pears and Apples , a seventh of all Cattel sold to the Butchers , an eighth for wood , a Tax upon Candles , and an Ezcise upon all things eaten , drunk or worn ; upon Law Suits , Servants Wages , Ships , Coaches and Carts ; a sixth penny upon all lease Lands , Assessments upon demeasne Lands , Gardens and planted Grounds ; an eighth upon Houses demised or let , hooft , gelt , being a Dutch Floren for every poll or head scoors●engelt , a like payment for Chimney money , with many other great Taxes ; besides their many profitable and succesfull depredations in the East and West Indies , &c. great aides from France and England of men and money for many years during their warres ; great riches got by the greatest commerce of Christendom , and ransacking Sea and Land for it , have been in sixty years warres with Spain left very much in debt at the end of the warres . And are yet notwithstanding since the warres ended some millions of money in debt , and so much as they were for many years after , and are yet enforced to continue their Excise , and most of their Assessments and Taxes upon the people , When the King of Spain notwithstanding his vast Dominions , twenty millions of Duckets , which is above six millions of our sterling money , yearly Revenues ; great exactions and impoverishing of his people by yearly Taxes and Assessments ; the golden Mines of Peru , Mexico and Potozi , and other inestimable treasures of the West Indies , which P●●hero a Spanish Ambassadour in a brag or vie with the treasurie of Venice , could say , had no bottom ; and having the Sun for its Lord Treasurer , daily to generate and increase its gold ; hath yearly for many years yeilded the Crown of Spain by and out of the Fifths , sometimes ten , and sometimes fifteen millions of gold , and so much as in the year 1638. two hundred and sixty millions of gold did by the Records of the Custome-house of Sivill appear to have been in seventy four years then last past brought from the West Indies into Spain , and from Potozi in nine years inclusivè from 1574. to 1585. one hundred and eleven millions of silver , hath notwithstanding with his wars with the Dutch , and a warr of late years with France , chargeable bribes and intelligences , and a thirst after an universal Monarchy , consumed that , and all that he could borrow besides from the Bankers of Genoa . And France with all her Taxes and Gabells , beggering and very much enslaving of her common people , hath in a warre of thirty years last past with the Spaniards , fought it self almost off its legs , and into a consumption . Which a long and late experience may forbid our wondring at , when as the late long pretending but no performing Parliament could with the spoils of the Kings and Churches Revenues , the Estates of the Nobility , Gentry , and good people in England , Scotland , and Ireland , and more Taxes and burdens imposed by them and Oliver , their man of sin in twenty years , then our Kings of England in five hundred years last past , all put together , had before laid upon them , could not leave their Oliver when their sins , and his tricks , had made him to be their Master , any more then three hundred thousand pounds sterling in Cash and ready money : and that with that and such of the Royall Revenues as they left him , and those vast Spoils , Rapines , Taxes , Assessments , and pillage of all that were not as bad as himself and his Predecessor Common-wealth Contrivers in the three Kingdomes of England , Ireland and Scotland , which amounted unto above forty millions , he was not able in a few years wars with the Dutch and Spaniards to bring about his expences , & support the Protection , as he called it , of the people with it , but died above three millions in debt , which the debts of our famous King Edward the third , and Henry the fifth , who conquered France , and the most of our indebted Kings never amounted unto . When our English Kings and Princes having never received of the people by their Aides and Subsidies the twentieth penny towards their expences in the preservation , of them and the honor , peace , & plenty of the Kingdom , could never do as the Field Marshals , Stadt Holders or Generals in Commonwealths have done , or as the late Princes of Orange , did for severall successions in Holland and the united Provinces receive great allowances and Sallaries , keep and greatly improve and increase their own Revenues , and make the Publick bear and defray its vast charges , as well in warres , as the cares and defence of peace in the absence of it , but did bear and sustein the brunt of all that was not extraordinary , and the charge of many a warre abroad , and suppressing of insurrections and rebellions at home , out of their own Estates and Revenues , and made many a hard shift even to the pawning of their Jewels , and mortgaging of their Lands without an often calling to the People for Subsidies or other Aids or Assistance to preserve them and their Estates and Posterities . Nor took to themselves the liberty which many Subjects doe to put into their Accounts and Bills of charges to their Princes their Damnum emergens , damage happening by any service done for him or their Country , and many times their Lucrum cessans , gain or improvement lost , though every mans particular in the defence of their King and Country , is involved in the generall , & that the service was not altogether or immediately done or tendred to him , or for the preservation of him or his Estate only and Posterity , but as much if not more for their own concernments , and think themselves to be ill dealt with if they be not speedily and abundantly rewarded . To help on which consumption of the Royal Revenues , came also the great charges which King Charles the first ( upon whom the decay of the Royal Revenues occasioned by the necessities and indulgences of his Predecessors , at once falling might have made him crie out with King Henry the third , as the Monk of St. Albans relates it , seducor undique mutilatus sum Rex et abbreviatus ) was at in leagues and confederacies with forreign Princes , maintaining Armies in the Palatinate and Germany , aiding the Kings of Bohemia , Denmark and Sweden , engaging in a warre against Spain , and sending a great Fleet and Army to invade him ; great expences in sending a Navy and Army to the Isle of Rhe , and two others to aid the Rochellers , to furnish part of which ( for it amounted to a great deal more ) he sold at once at too easie rates to the City of London above twelve thousand pounds Land per annum rent of Assize , the payment of fifty thousand pounds per annum Pensions aud Annuities out of the Exchequer , ( as it was industriously computed by that factious party of Common woe contrivers ) to diverse of the Scottish Nation , many of whom did afterwards joyn with his enemies to ruine him ; the great and necessary yearly Pensions and Annuities paid to the King and Queen of Bohemia and their children ; charges of going with a great Army to the Borders of Scotland against the Covenanting Scots , and maintaining another in England , with the payment of 120000l . principall money borrowed by his Father of divers Citizens of London with interest at 8. per cent . Which with the many great cares , troubles , wants and necessities which compassed him in on every side , whilst his great virtues for want of necessary supplies of money and treasure were not able to support or bear him up against the storms of an hideous Rebellion , escape the snares and pursuit of a rebellious party , or scour and cleanse that Augaean Stable which had ruined and weakned his Revenues , made him a glorious Martyr for the Laws and Liberties of England , and those that were the causers of it , the great Examples of a Divine Justice overtaking them . And enforced him to leave his troubles to descend upon his Son our most gratious Soveraign Charls the Second ; with a small and despoyled Revenue , which by its fluidness , and the gnawing and deflux of time was as to his Crown Lands brought almost to an Exinanition , and his casuall and other receipts , bearing no more proportion to his expences and disbursements then a Dwarfe or Pigmey doth to a Giant or Poliphemus , could doe no less then bring the remainder , of that little which was left into a Tabes and almost incurable consumption , when there is so great a difference betwixt the rates of provisions and livelyhood , and all manner of things bought or used in the beginning of the Reign of Queen Elizabeth , and what is now paid for them , when he is at greater expences then any of his Progenitors , and a less receiver , receives at the old rate , and buyes at the new , his demeasn Lands ( besides his Pastures at Cresl●w in Buckinghamshire , which were hertofore imployed for the keeping of some Oxen for his household provisions , and his parks , and some adjacent Grounds to his Houses of residence ) and all his Land and certain Revenues are not above reprizes one hundred thousand pounds per annum , and two parts of three of that consisting in Fee Farm Rents , which admit of no improvement , when his Customes which should now amount to as much , or more then what they were in his late Majesties Reign , by the addition of an Excise amounting to one hundred and forty thousand pounds per an . now yeilds not near so much as it did formerly ; the Excise of Ale and Beer , ill collected , o● so chargeable in the gathering of it , as it yeilds little more then the half of what the Parliament estimated and intended it to be ▪ great yearly Revenues & Inheritances in Lands given to men of high deservings , both of him and the Kingdom , all the Confiscations of the late Traitors of a great yearly value , with the benefit of the Post-Office , Wine Lycences , and many discoveries of personall Estates due to the King given to his Brother the Duke of York to make him a Princely Revenue . When his ordinary expences doe so much exceed his ordinary receipts , and his extraordinaries are six or seven to one of his ordinaries , is sixteen hundred thousand pounds in debt , spends more then as much again in his houshold expences , as formerly now that his Pourveyance is taken away , looseth two hundred and fifty thousand pounds per annum by the loss of his Tenures and Pourveyance , is at eighty thousand pounds per annum charge for the maintenance of the Garrison of Dunkirk , above five hundred thousand pounds per annum for the Navy and Land forces , hath to procure a publick quiet , paid many hundred thousand pounds of the Arrears of the Navy and Army employed against himself , and left in Arrears by his Enemies must be ten times a giver , if he should grant every ones Petition , to one that he shall be a gainer or receiver , discontents himself to content others , and forgetting that old rule and practice of the world , sibi proximus is enforced to provide for others and not for himself , and in the midst of his own necessities is to be the rewarder of virtue , and still , as well as he can , the raging waves of the multitude , is the Asylum or refuge of all that are distressed , and bears or lessens their burdens out of his own Revenues . And when Neighbour Princes are not usually without ambitions , and taking all opportunities to enlarge their power and Dominions by the weaknesse of others , or to weaken and oppress any of their Neighbours , and make advantages of their troubles and necessities , doe seldome want pretences of titles or revenging Injuries done to them or their people by Kings or their people , and can lay aside their sworn Leagues and Confederacies , as soon as their Interest or Designs shall invite them thereunto , when the French King hath by computation an ordinary yearly Revenue of above twenty millions of Crowns which makes above five millions sterling per annum , besides his extraordinaries , which by Taxes and Tallages in the late warres , being now by a habit and custome grown something easie and familiar to them , may be raised to vast yearly sums of money , and more then treble the ordinary , when the King of Spain aboundeth in his Revenues in his Dominions in Christendom , besides his extraordinary Aids & Assesments , and vast treasures and supplies from the West Indies , which is a ready or rich pawn or credit for borrowing of monies upon all extraordinary emergencies , occasions , or necessities of State affairs . The City of Venice with her Territories hath above a million sterling per annum in her yearly Income , besides extraordinaries , and a treasure of money enough to pay six Kings ransomes , with Jewels and Plate unvaluable . And the Dutch have one million and two hundred thousand pounds sterling per annum yearly , & ordinary Revenue out of Amsterdam , besides what they have yearly out of all other Cities , Towns and Places , by their huge Excises and Assessments upon all the seven United Provinces . And the King of England , who was wont to be Arbiter totius Europae , hold and keep the Ballance of Christendom even ; and if he do not , it cannot be either safe or well for his own Kingdomes and People , and their Trade and Commerce , must pine and wither away , languish and groan under so great expences and necessities , whilest he is to preserve himself and people in peace , plenty and safety , and hath so little to doe it withall , when at home all men do seem to love and serve him , very many doe ask and get what they can from him , and too many deceive him . And as that prudent and great Statesman , Cecil Earl of Salisbury Lord Treasurer of England , observed to the Parliament in the Reign of King James , it is a certain rule , that all Princes are poor and unsafe who are not rich and so potent as to defend themselves upon any sodain offence and invasion , or help their Allies and Neighbours . Hath a small Revenue to govern an unruly People , one part of them ready to runne mad with mistaken opinions in Religion , and too many of the residue overgrown with vice and luxury ; a burden of burdens laid upon him , the burdens of his people , and the burdens of his Ancestors by their bounties , expence and necessities , and are by so much greater or heavier then theirs , as his Revenues are consideratis considerandis a great deal lesser . CHAP. I. The Remedies . WHich a small or ordinary repair will not help , but requires new and more sollid and lasting foundations , endeavoured seriously , and attempted by King James about the seventh year of his Reign by the advice of his Parliament and Privy Council , but not then or any time since brought to perfection . And may in a legall and well pleasing way to the people without the unwelcome raising of the Tenths of the Abbie and religions Lands to the present yearly value , which may be of dangerous consequence , and the Tenths and First-fruits of the Bishops and Clergy of England , who have been over much pared already , or a Resumption of the Crown Lands which unless it be of such wherein the King or his Father have been grossely deceived : and the first money paid for the purchase upon an account of the mesne profits , and interest satisfied , will hugely disturb the Interest and House-gods of too many of the Nobility , Gentry and rich men of the Kingdome , and without any new or forreign devices or Talliages , to raise monies , and Fricasser , or tear in pieces the already too much impaired estates of a Tax-bearing tired people , which that Monarch of virtues and blessed Martyr King Charles the first did so abhorre , as he caused Mr. Selden & Mr. Oliver St. John to be imprisoned in the Tower of London , & a bill to be exhibted in Star-chamber against them and the Earl of Clare , and others , for having only in their custody , and divulging a Manuscript , or writing of certain Italian projects proposed to him by Sir Robert Dudley a Titulado Duke in Tuscanie , and with out the gawling , grating , and most commonly unsuccesfull way of Projects , which if set up will be thrown down again by the after Complaints and discontents of the people , or hunting and vexing them with informations or calling their Lands and Estates in question to the ruine of them and their Families upon defective Titles , or by Monopolies or a trebling abuses by pretending to reform them ; or Essayes of new wayes of profit framed or found out by such as designe more to themselves then for the good either of King or People , and either know not , or cannot , or will not , foresee the many evills and sad consequences which may as effects from causes , fatally and unavoidably follow such or the like attempts , which the necessities of Kings , or want of competent revenues , may either put them or their servants and followers upon . Be , as is humbly conceived , prevented by severall Acts of Parliament to be made upon the propositions , following which will not only encrease the Kings Revenues , but encourage and make the People very willing and well contented therewith , when as what they shall for the present loose thereby , shall at the same time by enacting of some good Laws for them be abundantly repenced . By a generall inclosure of all wast Lands & Commons belonging to the Kings , Queens and Princes revenues in England and Wales , allotting equall and reasonable proportions for satisfaction of Commoners , and by disafforrestation of some Forrests and Chases remote from London , or the Kings ordinary Residences , the imbanking and taking in of all Lands , infra fluxum & refluxum Maris high and low watermarks derelicted and forsaken by the Sea , or brought thither by Alluvion , and added to the firme Land , and together with the Lands and Revenues now belonging to the Crown of England never to be aliend , rent-charged , or leased more then for 21 years or three lives , which besides the addition of revenues and profit to the King , will very much adde to the livelyhood and industry of many of the people who will be maintained thereby , better the Lands , and increase subsidies when there shall be occasion . And causing the like to be done by a generall inclosure of all that now lies wast , and in common , in particular , and private mens Revenues in England , and Wales , amounting to some millions of Acres , will produce the like benefits to the owners and Commoners , who in a gratefull acknowledgement thereof may out of their severall allotments , as freewill-offerings to their King , pay yearly three pence per Acre to him and his Heirs and Successors . That Banks or Mount Piete's be erected in several places of England and Wales , as at London , York , Durham , Golchester , Norwich Ludlow , & Denbigh , where mony may be lent , and Pawns or Securities taken , not exceeding the Interest of twelve per cent . for a year , or proportionably for greater or lesser times , and that Commissioners in the manner of a Corporation or otherwise , may in every of those places be from time to time appointed by his Majesty his Heires and Successors , to order and supervise the management thereof , for which his Majesty his Heires and Successors , may out of the increase and profit of the said Interest , receive and take forty shillings per cent , no one particular person being permitted to imploy or put into the said Bank at interest above the sum of five hundred pounds ; and that no private or particular person , putting their monies into the said Bank , shall have and receive above the sum of the current or usual Interest in the Kingdom , or any other gift or reward whatsoever , whereby the intollerable oppression of publick and private Brokers those Baptizati Judaei and Pawn-takers , which like Wolves gnaw and devour the poor as sheep , when as driven to them by their necessities , they are inforced to come to them for succour , and give after the rate of fifty or sixty per cent , which the hate of Jews to Christians never arrived to , and a Christian and Protestant Kingdome ought not to countenance . That by sumptuary Lawes concerning Apparrel to be worn by all degrees and orders of people , the excess thereof may be regulated and abated , with great penalties to the infringers thereof , which Athens , Sparta and Rome being heathen Common-wealths , and England heretofore by sundry good Laws and Statutes , unhappily repealed in anno 21 Jac. Spain by Pragmatico's ; and France by a late Reiglement have found to be an universall good : and the Common-wealth of Venice held it to be necessary , Nè civium patrimonia nimia intemperantia abliguriantur ; to keep their Citizens from wasting and spending their Estates , being Laws now more then ever wanting in England , when as that which wil quickly undo private or particular Families , which by their universality do make a Kingdome , is so frequent and every where almost to be found in a daily practise and pursuit of pride , and that cheating one another to maintain it , is the most of the peoples cares and consciences , every house almost as to the excess of their vanities , and expences beyond their Estates , hath a Mark Anthony and Cleopatra in it ; and too many men and women , though not so good or well able to bear it as King William Rufus , doe think their clothes not costly enough ; many of the Nobility and Gentry have wasted and spent themselves almost quite out of themselves , and left themselves little more then their Titles and Pedigrees . The Citizens doe all they can to our-doe them infolly ; the Farmers , Yeomanry and Countrymen all they can to overtake them , and the Servants to come as near as they can to their Masters , Ladies or Mistresses : And they that first spend themselves to nothing , or very near it , are like to quit the race to those that come after ; and they which come last to the brink of ruining their fortunes , which will be probably the common and lower ranks of the people , are likely to learn by those that ruined themselves before them , to stay where they left , & be Masters of the others Estates . And that such as shall wear any habits or kinds of Apparrel forbidden ; be rated in all publick Assessments according to the estate and quality of such persons as are allowed to wear the like , that whosoever shall not be of the degree and quality to keep a Coach , or live in the Country not farre distant from the Parish Church and keepeth one , shall forfeit and pay 5. l. for every year in which he shall so keep it ; that the Justices of Peace in every Country be the Collectors of all the penalties concerning Apparel , Habits and keeping of Coaches , and to have a ●ourth part of the forfeitures upon the receipt , conviction or recovery thereof : that the Masters and Mistresses of Servants trangressing that Act , shall out of the wages due to such Servants pay and answer every of the penalties forfeited by the Servants , not exceeding their said wages , and stop and detain the same , and for their care therein have and receive to their own use one third part in four to be divided of the said penalties ; and that the residue of all the said penalties ordained and forfeited by the said Act , shall be collected and answered to the use of the King and his Heirs and Successors . Whereby that grand improvement of all Sins and Wickedness , which hath now overspread the Kingdome , that consumption of Estates , and destruction of good Manners ; And that high unparralleld and inordinate excess of Apparel and pride , which being the canker of all honesty and virtue , ruined Rome the Conqueror and Mistress of all the World , and , as Histories have told us , never failed to undo many other Kingdoms permitting or allowing it , which our Ancestors and former inhabitants of England would have abhorred and blushed at , may be restrained , and those sinfull necessities and plenty of all manner of knaveries , dishonesties , Cheatings , and villanies , to maintayne it , depressed and extinguished , which the book of God , danger of Sinne , Hell , and Damnation , and all that can be said and done by the Bishopps , Ministers , Preachers , and men of holy Church , without the assistance of such sumptuary Lawes , can never , as experience hath sufficiently told us , be able to beat downe , extirpate , or lessen . Which the pretended loss of the Kings Customes by Silkes , and other vanities imported , should not deterre him and his great Councel from attempting , when the prevention of the great wast of gold and silver in making lace and habiliments for such as ought not to wear them , the vent of our Cloth and other English Manufactures in stead of them , suppressing of an universall pride and Sinne , which the land groaning under , is not able to bear , the causing of a greater duty and obedience to superiors , which is now too much wanting , and the pacifying of Gods wrath and Judgments which are ready to fall upon the Nation , for it will abundantly recompence . That seeing the Excise of Beer , Ale , Perry and Sider greatly discontents and lies heavy upon the People and the management and way of gathering it , adds to their affliction , and makes them repine at the Nobility and Gentry upon a supposition , that to ease themselves of that which was surmised to be a burden by Tenures in Capite and by Knight service , with the wardships and incidents thereof , they have contrived and raised the burden of more then one hundred thousand pounds per annum Excise to be laid upon them , whereas the losses and damages of the Nobility and Gentry of England , ( besides what they may sometimes save in their own wardships , and by reason of Lands holden of the King in Capite and by Knight Service ) in the profit and honor of Tenures holden of them by Knight service , and of Wardships and other Incidents , and their just and legal superiorities and commands over their Tenants , which will now be wanting : will if rightly estimated , amount to as much yearly dammage and inconveniencies as that one hundred thousand pounds per annum , or more , will come to by that Excise , in which their expences may tell them they bear a share likewise with the common people , some of the Knights and Gentry loosing as much by the taking away of Tenures in Capite and by Knight service , as two hundred pounds per annum communibus annis , and some of the Nobility four or five hundred pounds per annum , and the least of what every of the Nobility and Gentry doe yearly loose thereby , will be more then any particular Brewer or Aleseller can be damnified , when as the Beer and Ale , and next buyer or expender , are sure enough to pay for that and many times more . That for the remedying of the great Deceipts , and Sophistications used by Brewers of Ale and Beer , as their false gaugings and measures , not half or not enough boyling it , to spare fewel and fire , putting in Broom , Coriander-seed , Wormwood , and many other newly devised and noxious ingredients instead of Hops , or to make it taste the stronger , which may much endanger the lives and health of the people . And the abuses of Merchants , Wine-Coopers and Vintners in conjuring their Wines as they call it , mingling it with Stum , Molosse or scum of Sugar , Perry , Sider , Lime , Milk , Whites of Eggs , Elder-berries , putting in raw flesh , and using so many Adulterations and mixtures , as the Taverns and places of retail doe too commonly , vent intoxicating and unwholsome drink by the name of wine , whereby the Wine-coopers , whose Trade was originally and properly only to make and amend vessels for wines , are now by a knowledge and taste of wines , pertaking of the Merchants evil secrets and doings , and bringing some ease and conveniences to them by uttering and taking off their hands great quantities of wines upon long dayes and many moneths of payment given them , become as it were the Merchants Masters , and the only Merchants and Sellers of wine to the Vintners and Retailers ( which was formerly forbidden them ) after they have adulterated , unwholsomed , and almost poysoned them , to the distemper and breeding of sickness in the bodies of men , who for a little wine to warm and chear their hearts or stomachs , or entertain one another with mutuall refreshments , are by such ungodly tricks and devices to purchase to the Merchants , Wine-Coopers and Vintners filthy and wicked gain and lucre , many times enticed into the confines of death and their own destruction . And the many deceipts and abuses of Bakers , whose weights of bread and honest gains of their Trade is by the Statutes of Assisa , Panis & Cervisiae , in Anno 51 of King Henry the third , to be yearly regulated by the Kings Baker of his Houshold , and the bread of his Court , according to the several yearly rates and prices of corn , and their transgressions contrary thereunto by many other Lawes to be severely punished , and the offendors put upon the Pillory . Which this last Century or Age by a Non-execution of Lawes have not been so happy to see . But the Bakers are now so disused to these antient good Laws and Regulations , and so used to a custome and cunning of blinding the Magistrates , or such Officers as they entrust therewith or by evading , or diminishing their punishments , as they can by a custome or necessity of sinning , which their deluded consciences do perswade them to be lawfull and warrantable enough , make their bread 5 or 6 ounces too light , or short of the legal proportions nor assize , when corn is very dear , and a great deal to light when it is cheaper : And to add to their wickedness as if otherwise it would not be enough , are suspected to mingle chalk and lime amongst their meal , which makes the white bread , and do by combination with the Vintners , Inn-keepers and Chandlers ( who are the Belly-Brokers to the poor ) make their white bread so little as to afford them 16. or 18. to the dozen : and if the Mayor and Sheriffs of London , or the Magistrates of other Cities or great Towns doe sometimes goe about to trie and weigh their bread , and find any Basket or small parcel of bread to be faulty ( which by the Serjeants and under Officers too often giving notice over night or before hand what day or way the scrutiny goes makes their care and diligence to be most commonly ineffectuall , or to little purpose , or may be easily prevented by some bread honestly made when all the rest doe want waight laid in their passage ) and seised and sent to prisons , the next dayes or weeks bread shall be sure to be made the lighter , to recompence the loss of the former . And lesser Corporations being most commonly governed by retailing Tradesmen , and such as have a fellow feeling of one anothers mysteries , or that which they suppose to be their Callings , but are usually attended with fraud and cheatings , doe take no care at all to obstruct , discover , or punish one anothers knaveries ; by which the poor and their wives and children , whose daily hard labours can scarcely bring them to other diet then brown bread , and skummed cheese , and a cup of good beer when they can get it , are daily and very much oppressed , and their poverties made to encrease the riches of those who are so farre from relieving their miseries & hardships , as they are a great part of the cause and increase of it ; by which great and not to be endured villanies and knaveries , not seldome , but daily and very often practised in a Kingdom , professing Christ and Christianity , by Vintners , Brewers , and Bakers , in Wine , Beer and Bread , the main supports of life and nourishment , ( which might have been suppressed if the Stewards of Courts Leet , Sheriffs in their Turnes , and the grand Jury men of every County twice a year impannelled and solemnly charged by the Judges to look better to these & other generall abuses , not by a strange custom neglected & slept over their had oathes and duties ) those grand principles and fundamentall necessaries for food and sustenance are corrupted , abused , and unwholsomed , diseases and evils , and oftentimes death arising thereby secretly instilled and conveyed , and as it were forced into the bodies of the people , which may well call and crie for a Reformation . As well as the great abuse of Leather , which under colour of transporting Calve skins , and obtaining licence to send thither a certain number of hides or skins of Leather , doe ten times exceed the number ; and by multitudes of Coaches more then formerly , false Cocquets and connivance of Searchers and Officers in the Ports , which should look better to it , there is ( notwithstanding great quantities of Russia and other Leather , & Hides imported from forreign parts ) so great a scarcity and dearth of Leather , as that which the Shoemakers , not long agoe , were wont to pay but fifteen shillings , for they must now pay double as much , and that which they buy is ( by the knavery of the Tanner , who to save the charge of Bark , doth not permit it to lie in the Tannepit half the time appointed by the Law , and of the Currier and the carelesness and worse of the Lord Mayor of London's Officer who keeps the knife , as they call it , at Leaden Hall , and should seise all bad Leather ) neither well tanned , good , or cheap ; by which villanies , deceipts , careless looking to the execution of good Lawes , evils of transportation , and some of the Nobilities and Gentries profuse rates and prices given to their Shoemakers the shoes which they wear , are come to the price of five shillings and six pence , and six shillings a pair ; and sober and more carefull men in the laying out of their money must now doe what they can , pay four shillings six pence or five shillings for a pair of Neats Leather shoes , for which within this twenty years was paid but two shillings eight pence ; and when they have come up to those strange prices , have their inner soles many times made with chill and soaking Seal skins or Horse hides ▪ and all the upper Leather and under of their Shoes so ill tanned , as it being scarcely separated or to be known from a raw hide , it lets in water like brown paper or bayes , and with a showre of rain , or a little wet shrivels and runs into wrinckles and an unhansomeness , and scarcely keeps out a little rain or dirt which breeds Rheums , Colds and Diseases in the people who being Islanders , and living in a Country of so much rain and wet , which by some other Nations living in drier Countries , called the Matella Planetarum , Piss-pot of the Planets , cannot walk or live so healthfully as they doe in warmer Countries , with wooden Shoes or Sandalls , which may be remedied as to the peoples better usage in their Bread , Beer , Wine and Shoes , the grand necessaries of life . 1. By a better execution of the Laws already enacted , 2. By not altogether trusting Tradesmen with the care thereof in Corporations , who being either of the same Trades , or others furnished with as evil Artifices , are but bad Overseers or Suppressors of deceits in Trade , by which they all now more then ever enrich themselves . 3. If the Justices of Peace in every County by as Oath particularly to be framed for that purpose , which in a time of heeding no Oathes , or an age of equivocation or putting false constructions or interpretations upon them , may be more then formerly needfull , were enjoyned better to look to Lawes already made , or to be enacted for that end , and allowed upon the discovery or prosecution a fourth part of the forfeitures and penalties , which will help to put them in mind of their duty ; and to be like the Athenian Nomophylaces , more vigilant in the finding out , prosecution and conviction of any such transgressors . 4. That there be yearly appointed by the King , or the Lord Chancellor or the Lord Treasurer in his behalf , Assayers or Surveyors of the Bread , Beer , Wine and Leather made , or to be made or vented in every County and City , which as concerning Ale and Beer will be but the same with the Ale-conners and Tasters , which our antient Lawes and Customes thought necessary , and to have for his pains , discovery , prosecution , and conviction of offenders contrary to the Laws made or to be provided , one part in four of the penalties , and to attend therein also , and observe the directions of the Justices of Peace therein . 5. That the Wines according to the Statutes be , as formerly , rated at a reasonable price set as well for the Merchants as the Vintners or Retailers . 6. That no Wine-Cooper be upon a great penalty suffered to buy or sell wines , which can never be for the good of the people , when the Devil or the Conjurer having mingled and sophisticated what he bought pure from the Merchant , shall have power to make it as bad as he will , and put it to sale when he hath done . 7. That every Merchant and Vintner doe as the Victuallers and Cooks are by Statutes appointed for the keeping of Lent , yearly enter into Recognizances to the King not to corrupt or alter their wines , nor willingly or wittingly permit them to be adulterated or altered by the Wine-Coopers , but to sell them according to the lawfull measures , and observe and keep the rates and prices yearly to be set . 8. That every Brewer and Baker doe yearly enter into Recognizances to make wholsome Bread and Beer and keep the Assize . 9. That every Tanner and Currier doe the like as touching the well tanning and dressing of their Leather : And that the Officer which shall keep the knife at Leaden Hall in London do the like well and truly to execute the duty of his place . 10. That the Vintners who by a late invention and ill use of glass bottles doe evade the rates of wines limited by a late Act of Parliament , and recompence the abatement of price by the falseness of their measures , may be ordered to use as formerly ; Pint , Quart , Pottle and Gallon , Pots marked and allowed according to Law. 11. That for the first offence every of the said Tradesmen shall forfeit one hundred pounds , for the second two hundred pounds , and for the third be disfranchised and never more permitted to use that Trade . 12. And that a conviction of any such offences may be pleaded in barre unto them in any Action to be brought , commenced and prosecuted . To be delivered from which great and many deceipts and frauds , and every dayes often committed oppression , by a tyranny of the rich over the poor and needy , and to keep the Wolves from their morning and evening preys , and rejoycing in the spoil of the widdows and fatherless , the hungry and necessitous , which by a cheating and blinding of their consciences , they will whether the Laws of God and man will or no , suppose to be lawfull , because it is their Trade , and the misteries of it , or because their Fathers or their Masters did it before them ; every one else doth it , and every man must live and make use of their time , labour , calling or opportunities . The people of this Kingdom being so universally endamaged by the evils happening by them , and concerned , and like to be benefitted by the remedies , may ( as those of Spain , Florence , and other forreign Countries , who in bearing some burdens and Taxes laid upon them are many times rather gainers then losers by the benefit of a Bands , or rule of rating Butchers , and many other Commodities to be bought or sold , so as children cannot be cozened . Be very willing that their representatives in Parliament shall consent . That upon every Tun of wine , French , Spanish and Rhenish to be vented in England there be by the first buyer forty shillings per Tunne paid to his Majesty his Heirs and Successors , and accounted for half yearly in the Court of Exchequer . That instead of an Excise upon Ale , Beer , Perry and Sider , every one that shall in a publick Alehouse sell Ale , Beer , Perry or Sider , shall yearly pay to the King , his Heirs and Successors forty shillings per annum ; and every publick Brewer twenty pounds per annum , and a further rate proportionable to the quantities of their Brewings . And that to restore this antient Monarchy , and heretofore famous and flourishing Kingdome to its former honour , safety and defence , and an ease from the charge of mercenary Armies and Guards , and to prevent the great and many dangers and inconveniencies which may happen thereby , as also to fatherless Children by Guardianships and breaches of trust , his Majesty and his Heirs and Successors , may have and enjoy his and their antient rights of Tenures in Capite and by Knight Service , and all mesne Lords & their Heirs their Tenures by Knight Service , with all incidents thereunto belonging , allowing unto every one holding of the King by those Tenures the liberty of being freed from the marriage of his Heir , to be compounded for by yearly paying unto the King into the Exchequer , or into the Court of Wards , next after his age of one and twenty years and livery sued forth , the sum of twenty pounds per annum rent for every Knights Fee which he shall hold , or proportionably according to the partes thereof . 1. That in the granting of Wardships to the Mother or next friends , according to the Instructions of King James , with those reasonable cares and considerations of debts and younger children used by the Court of Wards and Liveries , the marriages of the Wards and Rents of their Lands during all the time of their minorities computed together , be never above one years improved value , which will be but the half of that which is now accompted to be a reasonable Fine , and is frequently paid by many Copihold Tenants whose Fines are certain . 2. That the Archbishop of Canterbury and Bishop of Durham , who by antient exemptions and priviledge are to have the wardships of Tenants , holding of them by Knight service in their minorities , though they hold other Lands in Capite and by Knight service of the King may be ordained to doe the like favours . 3. That all that hold in Capite and by Knight service be according to their antient liberties and rights granted by the Charter of King Henry the first , freed ( as in reason they ought ) from all Assessments of their demeasn Lands touching warre . 4. That Primer Seisins be taken away of such kind of Tenures , and no more paid . 5. That the Lands holden in Socage , or of any other mesne Lords in case of minority of any in ward to the King , by reason of Tenure in Capite , or pour cause de gard , being taken into consideration only as to the Fine , for the marriage may not be put under any Rent or Lease to be made by the Court of Wards , but freed , as they were frequently and antiently by Writs sent to the Escheators . 6. That the King in recompence thereof may have and receive of every Duke or Earl dying seized of any Lands or Hereditaments in Capite and by Knight service two hundred pounds , of every Marquess , Viscount and Baron two hundred marks , and of every one that holdeth by a Knights Fee twenty pounds for a Relief , or proportionably according to the quantity of the Fee which he holdeth . 7. That incroachments and wast grounds holden in Capite and by Knight Service , may be no cause of wardship , or paying any other duties incident to that Tenure , if it shall upon the first proof and notice be relinquished . 8. That only Escuage and Service of warre ( except in the aforesaid cases of the Archbishop of Canterbury and Bishop of Durham ) and all other incidents ( except Wardships ) due by their Tenants which hold of them by Knight service , be restored to mesne Lords , and that the Reliefs of five pounds for a whole Knights Fee , or proportionably according to the quantity of Lands of that kind of Fee holden , shall be after the death of every such Tenant twenty pounds . 9. That to lessen the charges of Escheators and Juries for every single Office or Inquisition to be found or taken , after the death of every tenant in Capite and by Knight Service , the time of petitioning within a moneth after the death of the Ancestor , may be enlarged to three moneths , and the Shire , Town , City , or principall place of every County be appointed with certain dayes or times for the finding of Offices , to the end that one and the same Meeting , and one and the same Jury , with one and the same charge , or by a contribution of all parties concerned , may give a dispatch thereunto . 10. That in case of neglecting to petition within three moneths after the death of the Tenant in Capite and by Knight Service , or otherwise concealing any Wardships , or not suing out of Livery , if upon information brought , issue joyned , and witnesses examined , or any time before Hearing or Tryall of the Cause , the party offending or concerned shall pay the Prosecutor his double costs , and satisfie the King the mesne rates , he shall be admitted to compound . 11. That the unnecessary Bonds formerly taken in the Court of Wards at two shillings six pence , or three shillings charge upon suing out of every Diem clausit extremum , or Writ to find an Office , obliging the Prosecutor thereunto , may be no more taken , when as the time limited for petitioning to compound for Wardships , and the danger of not doing of it will be engagement sufficient . 12. That Grants Leases and Decrees of the Court of Wards may not ( to the great charge of the Wards or others concerned therein ) be unnecessarily , as they have been , inrolled at length or otherwise , with the Auditors of that Court , when as the same was recorded before by other Officers of that Court to which the Auditors may have a free access , and at any time take extracts out of them . 13. That a severe Act of Parliament be made against such as shall misuse or wast any Wards Estate , Lands , Woods and Timber committed or granted to them , or any personal Estate which belongeth unto them or shall not give the Wards fit education , or shall disparage them in their Marriages , or marry them without any competent Portion , or shall not within a moneth after the death of such Ward , or coming to his or her age of one and twenty years make a true accompt and payment unto the said Ward or his or her Heirs or Executors , of all that shall be by them due and payable to him or them by reason of the said Wardship , upon pain to pay to the use of the said Ward , his or her Heirs , Executors or Administrators , besides the said moneys due and payable to the use of the said Ward double costs and damages expended or sustained therein . That all Lands hereafter escheated and forfeited to his Majesty ( in cases where there shall be no restoration to the next in discent or remainder ) be inseparable , and as a Sacrum patrimonium annexed to the Crown , never to be aliened , leased , or charged with any Rent-charge or Annuity further then for life or one and twenty years . That all Corporations of Trade , may besides Fines and Amerciaments to be imposed and taken to their own use , have also power to impose Fines and Amerciaments to the use of his Majesty and his Heirs and Successors , and have no power to release or discharge any Penalties , and Issues forfeited to the King : And that the Town Clerks of Cities and Towns Corporate , and Clerks of every Corporation or Company of Trade shall be bound by Oath and Recognizance to the King to certifie and estreat into the Exchequer all Fines , Issues and Amerciaments forfeited and lost , at two usuall Terms in every year , that is to say , Easter and Michaelmas . That the By-lawes of every Corporation and Company of Trade , and every City and Town Corporate which ought to be perused and approved by the Lord Chancellor of England and Lord , Chief Justices of either Benches , or Justices of Assize , or any three of them , and are not to be contrary to the Lawes , may be according to the Statute of 19 Hen. 7. cap. 7. perused and allowed by them . That upon every bloodshed or breach of the peace , as by the Civil Law in forreign parts , and heretofore was anciently used in England by the Common Law thereof , a reasonable mulct or penalty be imposed to be gathered by the Magistrates , as the Drossaerts do in many places in Holland , and be answered to the King , though the parties do agree or release and discharge one another . That all Misericordia's which are now the only Vestigia's , left of that antient Custome and Prerogative in Cases of Nonsuits , and Pleas of Non est factums not verified , may be put into certain reasonable penal sums , duly collected and answered to the King , his Heirs and Successors , which besides an annual and casual profit to his Majesty , will quiet and lessen contentions , and bring a great ease to the people . That in cases of Manslaughter there be before any pardon granted a reasonable satisfaction made according as it was heretofore practised in our Lawes of England , both before and since the Conquest , made to the wives and children of the Deceased , or if none to the next of kindred , unless the parties concerned shall otherwise agree their recompence or satisfaction , and an Estimatio capitis , or value of the party offending also paid to the King. That upon convictions of Adulteries & Fornication , as was antiently used , there be paid to the King a penalty proportionable to the offence ; and that in all Tryals for Manslaughter , Murder or other crimes , that hard and unreasonable custom now and heretofore used in England , that witnesses may not be brought , heard , or examined against the King be abolished , and that all good and lawfull testimonies which may tend to the discovery of the fact , may be , as in other Cases and Tryals , heard and received . That there be in every Circuit , as antiently , a Clerk , besides the Clerk of the Assize , appointed to enter in a Roll the Fines imposed by the Justices , and to make Estreats thereof duly into the Exchequer . That in all Actions of Trespass , or any other Action , to be brought in the Court of the Kings Bench at Westminster , or by Quo minus in the Office of Pleas in the Court of the Kings Exchequer at Westminster , or in the Court of the Marshalsea , or Court of the Virge of the Kings Palace at Westminster , whereupon any declaration shall be in debt , there be upon the first Process or Writ such Fines paid to the King , and in such manner as have been antiently and are now paid to the King upon actions of debt retornable in the Court of Common Pleas at Westminster : And that upon every such first Writ the Plaintiffs Attorney doe in order thereunto indorse the just sum in debt , which he intendeth to declare upon . That every Merchant or Trader that shippeth any goods to be exported , or unlades any imported , shall under his hand attested , or if need be , upon his oath deliver unto his Majesties Farmers or Customers a true note or Cocquet of all such goods exported and imported , and the true contents and value thereof . And that whosoever shall wittingly or knowingly deceive his Majesty , his Heirs or Successors therein , shall for the first offence forfeit five times the value , and for the second ten times the value , and for the third to be disfranchised , and never more permitted to trade : And that every conviction of any such offence shall if pleaded be a bar to them in any Action to be brought , commenced and prosecuted by them . That once in every three years Commissions be issued to carefull and worthy men in every County and City uninterressed , to enquire of all charitable uses , and the imployments and abuses thereof , and if need be to put a better order therein for the future : and that the Arrears be also collected and paid , the one moity to his Majesty , and the other to be imployed to the charitable uses . That Commissions be likewise issued now ( more then formerly necessary by the dissolution of Monasteries and Religious Houses , and the great disuse of Hospitalities and Almes deeds ) to enquire and certifie the number of Poor requiring almes in every Parish in every County and City , that all vagabond and wandring Beggars be returned to the several Parishes where they were born , and where it cannot may be reduced to some Parishes in every County or City less troubled then others with poor , and more able to maintain them , that the Church-wardens or Governours of every Parish ( as is usually done in Holland , where by their excellent orders and care of their Poor , very few are to be seen either wandring or miserable ) may upon poverty happening to any Family , or the death of a Father or Mother of children , goe or send to their houses as the Commissioners de aflictis at Amsterdam usually do , lift up the broken hearted , and enquire what are their necessities , or what there is to maintain them , and accordingly make provision for them , by relieving the aged , sick , or impotent , providing work for such as are able , and putting out of children at fitting ages to be Apprentices , or to service , or some other imployments , wherein we may well hope for those good effects which the like courses in France ▪ by the erecting of the Hospitals de dieu , or other Hospitals in or about Paris have lately assured , that the encrease and decrease of the poor in every Parish , and the Collections and Assessments for them , and Legacies and charitable uses given to the poor be yearly certified to the Clerk of the Peace of every City & County at the Quarter Sessions to be holden after Michaelmas , to be by him entred into fair Books with Calenders and Tables fitted thereunto , & publickly read before the Justices at the next Quarter Sessions after , to the end that the Justices there assembled may duly consider thereof , and make such further orders and Provisions , as shall be fitting and requisite : And that when the English Captives at Algier shall be released , and no more likely to be in that condition , the one pound per cent . granted by Act of Parliament for that purpose , or the like allowance and proportion for seven years to be allowed out of the Custome-house may be imployed to relieve and make a stock for the Poor of England : And in regard that such as sue at Law in forma pauperis , notwithstanding all the cares which have been hitherto taken by the Courts of Justice in assigning them Counsel and Attornies , and ordering that no Fees should be taken , they doe for want of money and those cares and diligences which are only purchased and procured by mony , many times , but tire themselves to no purpose , and after many years expence of time and labour in trudging to and fro , with their foul and tatered Bundles and Papers , wither away , & die in the hopes of that which for want of a due assistance and vigorous prosecution they could never bring to pass . That an Utter-Barrister or Councellor at Law , be once in every three years appointed by the Lord Chancellor or Lord Keeper of the great Seal of England for the time being , and to continue for that time , and no longer , in the high Courts of Chancery and the Courts of Kings Bench , Exchequer and Dutchy of Lancaster , and a Sergeant at Law in the Court of Common-pleas to be for the like time nominated and appointed by the Lord chief Justice of the Court of Common-pleas for the time being , to be of councell & assistant for all rights and duties of men and women suing in forma pauperis , and as Counsel to assist and help the poor of the respective places in the prosecution and recovery of all Legacies and charitable uses given to them or penalties given or ordained by any Statute to be had or levied for their use , or any Parish collections and assessements withheld from them , for which they shall take no Fees but in a reasonable manner upon the recovery thereof , or end of the said Suits : And for their better encouragement may in all the Courts of Justice of this kingdom , according to their said several nominations and appointments , as well Superior as Inferior , have a prae audience in those & other causes next to the Councel learned of the Kings and Queens of England , and the Prince or Heir apparent . That in every County and City there be a publick Work-house to imploy the Poor in the manufacture of Woollen or Linnen cloth , making fishing Nets , or other Manufacture ; and that for their better encouragement they may as they doe in Holland , after a competent number of hours in every day imployed in the work of the Publick , be allowed two hours in a day to work for their own advantage , notwithstanding that their lodgings , diet , and fitting apparrel be defrayed out of the Publick ; and that the Governours thereof may for their encouragement have the benefit and liberty of Exportation and Importation of any the said commodities without any Custome to be paid for the same , upon the Certificate of the next Justice of Peace of such County or City , upon the oath of every such Governour , that the said quantities to be exported were made or wrought at the said publick Workhouse , and upon the oath of such Governour , that the commodities imported are to be imployed , and used only in the said publick Workhouse . And that the kindred of Poor living in any part of England and Wales not taking almes , or overburdned with poverty , may be sought out and enforced to a reasonable contribution according to their abilities towards the maintenance , or providing for such Poor and decayed as within the eighth degree are of their own blood and lynage ; and where it may be , put them into such a way of living as may exempt them from the fate of common servants , or people taking almes , or from being placed in common Workhouses , that by such means and provisions to be made for the Poor , which our Acts of Parliament , and the careless and many times purloyning Collectors and Overseers of the Poor in severall Parishes , have not yet performed . And that all Nobility , Gentlemen and others , excepting such whose constant and necessary attendance upon the persons of the King , Queen or Prince shall not permit the same , having an Estate of Lands of Inheritance of the yearly value of one hundred pounds per annum , or more , above reprises and their houses of residence in any Parish of England or Wales not keeping their Christmas in the said house or Parish , shall at every of the said Feasts pay unto the Poor of the said parish the sum of forty shillings , or proportionably according to that rate of his or their Lands lying or being in the said Parish , besides their other payments to the Poor collected and assessed in the said Parish . That so the multitude of Beggars in England may no more be a Byword amongst other Nations , that there may be no complaining in our streets , nor such dismall and sad spectacles , as the leprous , blind , lame and aged people and young children crying out for bread , and ready to starve for want of food or clothing , nor so many counterfeits or tricks to make an ill use of charities to uphold their lazy and ugly condition of life . That the Clerks of the Peace and Assizes , and every Justice of Peace shall take their oathes not to release or discharge , or respite any Fines , Issues , Recognizances and Amerciaments forfeited & due to the King , but carefully and duly estreat and certifie them every half year into the Exchequer in the Terms of Easter and St. Michael , which the example of Hengham a Judge in the Reign of King Edward the first , who for reducing an Amerciament or Fine of thirteen shillings four pence , to six shillings eight pence , in favour and pitty of a poor man , was grievously fined , and ordered to provide at his own charge the great Clock at Westminster , may perswade them not to violate . That the Ballance , and In and Out of forraign Trade may be observed and reduced into Books , to be yearly brought into the Exchequer , but not with Blanks , fair Seals , Covers and Labels , as they have used to be to little purpose . That the more to encourage Merchants to an honest accompt and payment of their Customes to the King , and to deal better with him , it may be enacted that where any Ships of any Merchants , and their goods and lading shall be taken in times of hostility with any other Prince , so as it be not by the carelesness and neglect of the Merchants in carrying prohibited goods , or the Captain or owner of the Ships in not making so good a defence , or not arming or providing themselves so well as they ought , the losses of such Merchants and shipowners duely estimated and proved before the Judges of the Admiralty shall be refunded out of the next Prizes which shall be taken from that Nation , Prince or Enemy that took it , the accustomed allowances to the Lord high Admiral and others first deducted . That the wages of Servants now trebled more then what it was twenty years agone , and of Labourers and Workmen very much increased by reason of the intollerable and unbecomming pride of clothes now in fashion amongst them by licence , and imitation of times of pride , disobedience , disorder and rebellion , and the folly of some of their Masters and Mistresses enjoyning them to wear clothes too high for them , may be limited and ordered to be as they were before these last twenty years , that every Master or Mistress that giveth more shall forfeit double the value to the King ; and that no Servant who hath formerly served in any other place be received or taken into service without a certificate or testimony of their good behaviour from their Maister or Mistress where they last served , if they shall not appear to be unreasonable , or for malice , or any sinister ends to deny the same . That the Tenths of all the Fishing in the British or English Seas by Barks or Busses , now beginning to be instituted , and taken into consideration , which in part was intended to be had by King Edward the sixth upon the coasts of Wales , Ireland and Baltimore , by building a Fort or Castle upon the streight to command ( as Captain John Smith relates in his discourse of the benefits of Fishing in our English Seas ) a tribute for Fishing , and if industry fail not , is like ( if we but imitate the Hollanders , who have hitherto enjoyed that which was none of their own , and enriched themselves by our carelesnes ) to grow up to a great , and not to be estimated National profit be paid and accompted for to the King and his Heirs and Successors , who may well deserve it , when as besides his Soveraignty of the Sea , and the guard and protection of them by his Navie and Shipping , he hath of late in the midst of his own wants and necessities for the better encouragement of his people to seek their own good , and that which our British Seas will plentifully afford them , given all his Customs inward and outward for any the returns to be made by the sale of Fish in the Baltick Seas , Denmark and France for seven years for the first entrance into the Trade of Fishing . That the rivers in England and Wales not yet navigable , and fit to be made navigable , may by a publick purchase of the Mills or Wears standing upon them , and pulling down the Wears & Kiddels hindring it , attempted in the Reigns of King Henry the third and Edward the third , by several Statutes made for the taking of them away , be made navigable , and a reasonable Toll or Custome upon every Vessell and Fraight , paid to the King , his Heirs and Successors . That for the better support of our Nobility , and the honours which they enjoy , and that as starres in our firmament , they may be able to attend the Sun their Soveraign , and not suffer such Eclypses in their Estates and Revenues , as too many have lately done , that the Lions which should guard the Thrones of our Kings , may not pine away or languish , and the stately columns and pillars thereof moulder into ruins and decay , and have small , or unbecoming Estates , to maintain them in the splendor of their Ancestors , and the Royal Revenue not to be troubled or lessened by suits or requests to supplie them , they may according to the intent and custome of the Fewdall Laws , and the locality which ought to be in Earldoms and Baronies , not be without some honorary possessions , which was so usual and frequent in England , as through the three first Centuries after the Conquest the Lands belonging to Earldomes and Baronies were accompted to be parcels and members thereof , and the word Honor so comprehensive as it conteined and comprised all the Lands belonging thereunto , as well as the Earldomes , Baronies and Title which did in sundry of of our former Kings reigns grants pass and comprehend the Land as well as the Titles . And that according to that laudable and ever to be imitated example of Thomas late Earl of Arundel and Surrey , in obtaining an Act of Parliament in the third year of the Reign of King Charles the Martyr for the annexing of divers Baronies and Lands to the Castle and Earldome of Arundel , inseparable and unalienable in contemplation of the poverty and small Estates of the then Lord Stafford , and some other of the antient English Nobility wetherbeaten and wasted by the injuries of time or the luxuries , and carelesness of their Ancestors . The Dukes , Marquesses , Earls , Viscounts , Barons , and Baronets of England , leaving some other Lands to their own disposing , for the preferring of younger children , payment of debts , and supply of necessities , which accidents may cast upon them , may be ordered to settle & annex by like Acts of Parliament the Capita Baroniarum , and chief Castles , Manors and Lands belonging to their Earldomes , Baronies or Estates competent and sufficient to keep up and sustain the honour and dignity thereof from the gripes or defilements of poverty and Adversities not to be aliened or separated from their Earldomes , Baronies or Dignities as long as it shall please God to continue them . That the antient use of the Exchequer be restored , and the Kings revenues carefully collected and answered , and that the Justices in Eyre of the Kings Forrests and Chases , on this side and beyond Trent , Clerkes of the Market , and Commissioners , and Clerks of the Commissioners of Sewers do duely certifie into the Exchequer all Fines , Issues , Amerciaments imposed and forfeited . That upon all manufactures made beyond the Seas , and all things to be imported tending to excess and luxury , as Tobacco , Silks , &c. there be an Imposition more then ordinary , which the wisdom of Neighbor Nations have ever thought expedient , and was in the Reign of King James the prudent advice in Parliament of the Lord Treasurer Salisbury . That in the deplorable Cases of wreck at Sea , the Masters or Owners of such Ships , not being Pirates or Robbers ( whether there be any living thing remaining or not in the Ship ) all and every part of the lading , Tackle , and Ship which shall be saved from the fury of the Sea , or found on shore , notwithstanding any detestable custome to the contrary , may according to the Ancient Equitable Laws of Oleron be saved and preserved for the right Owners coming within a year and a day to claim the same , and tendring such just charges and recompence , as by two of the next Justices of Peace not interessed , shall be found to be reasonable , for those that were Instrumental in the preservation thereof , that so the inhumane and unchristian customes of too many who live upon the Sea Coasts , being in a Shipwrack as pittiless and cruel as the Winds and Seas , taking away that which they left , and rejoycing in the disasters and miseries of those that are afflicted , may be abolished . That Champerty and maintenance being now crept through the care and severity of all our former good Laws and Statutes made to prevent it , into such a general practice and profit , as in the confidence of dark contrivances , and the impossibility or difficulty of discovery of them . Some of our Gentlemen of the Gyges ring or invisible Estates , in a way which they have found out to live , aswell without a Revenue , or other lawful means and professions as with them , can like Nimrods , or mighty Hunters , by shares gained in the driving of Causes , support an idle Gallantry by the spoil and oppression of others ; some women more wily then good can be Agitators or Retrivers of causes , not concerning them , for a part of the hoped for Booty ; and many Citizens and Tradesmen do buy pretended Titles and Interests , and ingage and furnish money for no small parts to be had upon the success of Suites in Law ; and too many Attornyes , Sollicitors , and others , can make it the best of their employments to deal in gross and by whole sale , and will not as the Law enjoyns them , make Bills or Tickets to their Clyents of their just and allowed Fees and disbursments . Some good Laws and powerful restrictions may be made to prevent or punish those grand abuses , and that if either the Plaintiff or Defendant in any Action shall require it , an Oath or Oaths may be given at the Tryal or Hearing of such Suites or Causes , to any who may discover such Champerties or Maintenance ; and if any shall be found offending therein , either by disbursing of money , to have any share or part of the thing inquestion , on , or by any pre-contract , or other ingagement , the Verdict may not be taken , nor Judgement entered ; or if it shall be discovered and proved after the Verdict taken and Judgement entred , before the end of the Term , wherein such Judgement shall be entred ; the said Judgement be by the Judges of that Court arrested or made void , and whether it be discovered and proved before Judgement entred , or after the parties offending , as well those that committed the Champerty and Maintenance , as all their Abettors may every one of them forfeit and pay to the King and his Heirs and Successors , the sum of one hundred pounds , and be imprisoned without Bail or Maineprise , untill they shall have paid the same , and also forfeit and pay to the party greived , his double Costs and Damage , together with the moyety , or half of the matter in question . That there be no pardon or reversal of any Outlary , in Civil aswell as Criminal Causes , or Actions , without five Marks first paid to the King in discharge of his Contempt , and a Charter of Pardon , as was anciently used , first sued out under the Great Seal of England . That all Sheriffs , under-Sheriffs , and their Deputies , do at the entrance or admission into their Offices , take an Oath not to imbrace any Juror or Juries , or for any Fee or Reward , or otherwise to nominate any , at the request either of the Plaintiffs or Defendants , or of any on their behalf ; and that they shall not make out , or deliver , or willingly or wittingly permit to be made in their names , any Blanck Warrant or Precept to Arrest any person without a Writ under the Seal of the Court , wherein such Action is laid or to be tryed , first had and delivered unto them ; and that no Sheriff or under-Sheriff , do crave allowance or respit for any debts of the Kings , but upon just cause , That every Juror , if the Plaintiff or Defendant , or their Attorneys shall before they besworn require it , do also take an Oath that he hath not received any Instructions or Evidence before hand from the Plantiff or Defendant , or their Attornyes , or any on their behalf . That all English Merchants trading into Foreign parts , may be ordained to bring into England , at or in their return , a certain and reasonable quantity of Bullion or coin of Gold or Silver , to be yearly certified and Registred in the Exchequer , and that such as shall be brought in , may not as it is now , be bought and Registred in the name and for the use of the East Indian Company ; and that the East Indian Company to prevent any disguise , which may be made use of betwixt them and the Merchants , may also be ordered yearly to Register and Certifie into the Exchequer , all such Gold and Silver Bullion or coin thereof as shall be imported by the said East Indian Company . That all Foreign Merchants , Trading into England , or any the Dominions thereof , be ordained to export at their returns English Manufactures and Commodities , to the value of what they imported , and not to make their returns in money , or by Bills of Exchange , as the Jews in great numbers trading hither , are known now to do . And that all Merchants Alien , if they be not such as have houses and habitations here , or if they have , do at their first beginning to Trade , enter into Recognizances of great penalties in Chancery , not to Transport , or cause to be Transported out of England , as was in part provided for by the Statute of 2 H. 6. chap. 6. Or returned by Bills of Exchange any more then the sum of five pounds for their necessary charges , upon pain of forseiting treble the value thereof . That the many more then formerly used deceipts , in the Shearing , Tentering , hot Pressing , and false Dying of our English Clothes , which do much or more endamage our Trade of Cloathing , then the Transportation of Fullers Earth , Sheeps Pelts with the Wool upon them , or the Clothes in the Whites , may be by some good Laws , restrained and suppressed ; and that the Aulnage aswell of Cloth as Stuffs , may according to sundry Acts of Parliament and other provisions be better looked unto and put in execution . That the great and many Deceipts , Abuses , and Adulterations now used in most or too many Trades and Manufactures , surpassing all the Cheats and Tricks of Hocus Pocus , or which the Pillories , & the Court of Star Chamber heretofore punished , ingrossings of Commodities , or carrying them beyond the Seas , on purpose to make a scarcity , and bring them in again at double or greater Rates , unlawful confederacies to make the Manufactures so slight or evil wrought , as they may the sooner be worn out ; or by a small price paid to the Workmen , get the greater Rate in the Retail , Bonds or Securities enforced from Workmen not to make or sell at that rate to any other ; Combinations to inhaunce Prices , and so many more ungodly Artifices imployed , as Tricks and Trades , are now grown to be Termes convertible , and the Divels Registers have not precedents enough for them , whereby not onely numberless & great oppressions are daily exercised upon the people , to the impoverishing of many of them , by those that like Pikes in the Fish Ponds , do live only better then others , by devouring and undoing the smaller Frye , and industriously imploy themselves therein , and at the same time cry out of injustice and oppression where it was not , and busied themselves about Religion and Gospel Purity , when they never intended nor could not afford to practice it , whereby all our English Trade and Manufactures are disparaged and brought into a slight esteem , and made to be unsaleable , or at very low rates in the parts beyond the Seas , and to give place to the Commodities and Manufactures of other Nations more honestly made , and if not speedily remedied , will render all his Majesties cares of reviving and promoting the English Trade and Merchandise of no avail , as long as that Canker , or a principal cause of the decay and ruine of it shall be permitted , may by some good Laws be restrained and suppressed . That the many good propositions heretofore made by Mr. Henry Robinson and some others , concerning the Regulation or bettering of the ways of Trade and Merchandise , may now after a Committee of Trade in the times of Usurpation and Confusion , sleeping too much over it , and doing nothing , whilst Trade it self came to be almost ruined , be taken into a more serious consideration , and some good Laws enacted in pursuance of them . That the Manufacture of Linnen Cloth , the importation whereof from Flanders and other Foreign parts , expends the Nation , little less then 100000 l , per annum , by reason that too many of our Wives in England have exchanged their good Housewisfery for Gallantry , and Spinning for spending , may be more incouraged in England by Injoyning six Acres in every hundred Acres of errable Land in England and Wales , to be yearly sowed with Hemp & Flex , and that there be an Aulnage of Linnen Cloth , as well as of Stuffs and Woollen Cloth. That our Laws be not ( as too many of them use to be ) Still Born , or expiring by that time they can be read or recorded , or Starved at Nurse ; but that some good Laws may be made to prevent or cure their Swouning or Convulsion fits , and bring them up to the good ends or purposes , for which they were ordained , and put them in execution . That our Paths being restored , we may rejoyce in our Laws and Constitutions , and abhor those wandring after Dark Lanthorns , or the ignis fatuus of newlights , which have lead us into many great miseries and confusions . That the Excise of Ale , Beer , Perry , and Syder , and the charges affliction , and troubles , which it brings upon the people , which before our times of misery , would have brought death and ruine any private contriver ; and was at the first created by Oliver and his Impes to maintain a cursed Rebellion , and set up a destroying and detestable Anarchy , may be abolished , and taken away , and the Nation restored to the freedom and quiet which they formerly enjoyed under this our ancicent and excellently composed Monarchy . That his Majesties Ancient and just Rights of Royal Pourveyances upon a due Regulation of any evils or oppressions which may be proved to have been committed in the manner of taking of them , may be restored to his Majesty , his Heirs and Successors , and that very great Consumption of his Estate , occasioned by an enhaunce , and trebling of the Rates and prices of Provision for his Houshould , which hath laid heavy burdens upon his too small and overmuch impoverished Revenues , multiplyed his wants and necessities , disturbed and disparaged the order and honor of his house , and produced very many great Inconveniences worthy to be remedied by the Parliament , and the care which they usnally take for the support of his Imperial Crown and Dignity , may be cured . And when a long and generall observation and experience can tell every man , who is not a stranger to his own affairs , or of other men , how hard a thing it is for one that is behind hand to overcome his Povertie and get before hand ; how impossible it will be for a private man to live out of Debt , when his yearly and necessary expences and disbursements shall far surmount his Receipts and Revenues ; how necessary a Treasury , Banke , or overplus of money which is Robur belli & fundamentum ac firmamentum pacis , is for a King in times of War , and its many chargeable occasions , and the power and reputation of it in times of Peace to preserve it ; and that all Kingdoms and people never were or could think themselves safe without it . That in order to publick good , and to consolidate the hoped for happiness of King and People , which the pretended Parliaments of our late Times of Usurpation , busying themselves in laying Burdens and Taxes upon the People , for the maintenance of a War , and an Arbitrary power , and Tyranny , and the continuance of their miseries , could never find the way or leisure to establish . A Royal and Princely yearly Revenue may be settled upon his Majesty , his Heirs and Successors ; and to the end to make the Plaister or the Tent proportionable to the wound , and to the cure intended , and not make the repaires of his Revenues to be insufficient or more chargeable and burdensome , by doing it by parcels or at several times , whereby it may ruine , before it can be repaired , or suddainly after ; and for the better satisfaction of some of the Purchasers , who were the cause of their own and his Majesties troubles and miseries , and of the Kings Loyal Party who suffered with him in it ? The highest monethly Assessement or Tax which in our late times of confusion , was One hundred and twenty thousand pounds per mensem , may by Assessement or Subsidies , or some other way proportionable unto it for the next two years , if the Parliament shall think fit , be assented unto , and yearly collected and paid into such hands as they shall appoint , and such part thereof not exceeding the sum of two hundred thousand pounds , be destributed by his Majesty , to the suffering and Loyal English who took Armes for him or his Royal Father , and never deserted their Loyalty ; or to their Wives and Children surviving them , as his Majesty under his sign Manual shall direct , and some other part of the said moneys , not exceeding the sum of one hundred thousand pounds arising out of the said Assessements be imployed for satisfaction , without allowance for Interest ( which should not be for wickedness or sinfull contracts ) of such Wives and Children of Purchasers , or the Purchasers of Purchasers , which have yet received no satisfaction according to his Majesties Declarations , by the Bishops , Deanes , and Chapters , or Prebends , or out of his Majesty or his Royal Mother the Queens Revenues , or which have not been Purchasers by false Debenturs ; and the other remaining undisposed moneys as aforesaid , of the said two years Taxe , to be and remain to his Majesty , his Heirs and Successors , as a sacred Patrimony unalienable to be annexed , inseparably to the Crown of England , not to be Leased or Rent charged , further then for one or two Lives , or one and twenty years . That after the end of five years next ensuing , there be another monthly Tax or Subsidy of 120000 l. more for two whole years then next ensuing , to be raised as aforesaid , and disposed of by such as the Parliament shall appoint for his Majesties use , of which , if his Majesty shall please , there may also be issued by Warrant under his Majesties sign Manual , such moneys as his Majesty shall think fitting , not exceeding the sum of two hundred thousand pounds , to be imployed for the further relief of such of the Loyal suffering party in England for his Majesty , or his late Royal Father , as his Majesty shall appoint , and that the residue of the monys to be collected and raised by the said monethly Tax or Assessement for two whole years be , as soon as conveniently it may , laid out and disposed for the purchasing of an honorable Revenue in Land for the King & his Successors unalienable as aforesaid , and to no other use or purpose , which they that could pay as much , and a great deal more to uphold a Slavery , may be better contented to pay , to establish a redemption and freedom . And that after the end of three years next after the said two years , there be a like monethly Tax gathered and collected for two whole years next ensuing , to be disposed of by such as the Parliament shall appoint , for the buying of an honorable and Princely Revenue in Lands of inheritance for the King and his Heirs and Successors , never to be aliend from the Crown of England , other then as aforesaid . And although it may seem to be a great sum of mony in the Total , to be raised out of the people , yet it being the more probable and easie way , and a great deal more necessary then what hath been done for worser ends and occasions , and being to be born by so many Cities , Towns , Counties , and people as are to contribute thereunto in several yeers , and with several respirations , will the eby not onely free them from many of the like publike Taxes and Assessements hereafter , and save them in their purses and estates , as much or more then that will amount unto , by some good Laws and provisions to be made for the freeing of them from many of the gripings and oppressions of one another , but entail our happiness and a greater then formerly freedom , quiet and safety upon themselves and their posterity . For there was , is , and ever will be , a necessity of power , strength , and riches to be in a King that intends either to protect or make happy himself and his people , as well as to have their love and affection ; and though David when he was in his private condition , could before he was King of Israel rescue a Lamb of his flock , slay a Lyon and a Bear , and with a sling and a peeble stone kill the dreadful Goliah ; and that Nathan the Prophet ( no flatterer but a man of God ) had after he was a King , said unto him , The Lord is with thee , and brought him a message from God , that His house , and Kingdom , and throne should be established for ever , yet neither he , nor his subjects the men of Judah and Israel , could believe him or themselves to be in any condition of safety without his mighty men of war , Militia , Captaines of thousands , and Captains over hundreds ; nor did son Solomon after God had given him a large and understanding heart , and a portion of wisdom beyond that which ever was granted to mankind , with a promise likewise of riches and honor , suppose it to be any policy , to neglect his Tributes and Presents , the improvement and well ordering of his Revenues , and putting an honorable order in his houshold , to build Cities of Store , and Cities for his Chariots , and Cities for his Horsemen , and a Navy of Ships in Ezion Geber , and send them to Ophir to fetch Gold. Nor can it be certainly for the good and safety of the people to do by their earthly King , who untied the chains and fetters of their folly , restored them to their Laws and Liberties , and , as a balm of Gilead , cured and healed the wounds of those that never could do it themselves . Nor accord well with their gratitude , or the many protestations and promises which they made of sacrificing their lives and fortunes , and all that they had in order to his happiness . Or with the repentance and satisfaction ( which makes repentance efficacious ) of those that were the causes of his twelve years misery and affliction , greater , longer , and sharper then any of his own hundred and eight Royal Progenitors ever endured , enough to have turned his youth into the gray hairs and infirmities of an old and decrepit age . To doe by him as they doe by their heavenly King , take , get , and receive all they can from him , but return as little as they may for it , or by the earth their common feeder and nourisher in their lifetimes , and the receiver and entertainer of them at their deaths , by making furrows on her back , and enforcing it to serve all their designs and business ; and for all her fruits and kindness , doe not so well by her as the Heathen , who could sacrifice to Tellus and Ceres , but think they do enough , if in the moneths of April and May they shall be pleased to admire her beauty , and beat Harvest well contented to fill their Barns with her bounty . And will be as likely to be for their good , as for children to have their parents so poor and impotent , as not to be able to protect them , or for those that are to go a Sea Voyage , to have the ships ill or not at all victualled , or to adventure in a War or Garrison , when the Commander in chief , or the General , upon whose wisdom , valour , strength , and conduct the safety of all dependeth , shall be every day to seek for victuals to feed them or himself , Ammunition or Weapons to defend , and mony to pay them . Unless they could be assured by no doubting Oracle , that it would be for the good , honor , peace and plenty of the Kingdom to have the head , faim , languish , & want its necessary support & Food , and that the members in the body natural although never so warmely clad , or made much of , can thrive whilst the Head is sick and infirme . Or unless they would be as wise as the Citizens of Constantinople , who rather then they would impart any of their Riches to their Emperor for the most necessary defence of their City , Estates , and Religion , against the Turk when their City was besieged by him , would reserve it for a prey to their enemies , and a perpetual slavery for themselves and their posterities , or as our late men of Reformation , and murmerers at their own happiness , did in their complaints , and taking away Ship-money , and exchanging it for more miseries then ever any of their Ancestors endured , when afterwards they were enforced to call their slavery a happiness , and to pay and pray , and give God thanks for it . When as the great charge of Government in times of peace , and the quietest imaginable , and the necessity of the peoples Aids and Taxes to support it may the better be believed , when Augustus Caesar , notwithstanding the enjoyment and full possession of the Empire , or greatest part of the world , with the riches and spoils thereof laid up in the publike Treasuries and their Capitol , enough ( besides what Julius Caesar had in the civil Wars consumed ) to make it the greatest that ever was together at one time above ground ; and his great frugality and care in managing his Revenue , by keeping a book or memorials , as Tacitus saith , wherein Opes publica continebantur quantum Civium sociorumque in armis quot classes Regna Provinciae Tributa vectigalia & necessitates ac largitiones , and had as Bodin saith , received Immanem pecuniarum summam ex Testamentis , great Estates of Inheritance from those very many that made him their Heir , could not subsist without Tributes and Taxes , but though the bloody and expenceful Bellona was laid to sleep , and there was nothing likely to disturb that happy and grateful calm of peace with which the world was then blessed found a necessity to Tax all the world , and even Joseph with Mary the mother of the Redeemer of it , must go up to Bethlehem to be taxed and pay Poll-mony , and for all that with all his care and providence in governing that Empire , having spent two paternal Patrimonies ceterasque hereditates in Rempublicam , and much of his own Estate upon the Commonwealth , left but a small and inconsiderable Revenue to his heir . And when as the King by his inestimable charges , great and daily expences for the protection and good of his people , and necessary maintenance of his Royal Dignity , is in a worse condition then any of his Nobility or Gentry , who may when their necessities enforce them strike sail if they please , and measure their expences by their Estates . Because he cannot defend himself without defending his people , must do like a Prince , and live like a Prince , and it cannot be for the good , safety , and honor of them that he should either live or do otherwise . But should rather believe as King James the fifth , in Anno 1540. his Majesties great Grandfather did , when in a preamble to an Act of Parliament in Scotland for the annexation of Lands inseparable to the Crown , he did declare , that it Was understood and weill advisedly considered be the Kingis grace , and the Estates of his Realm beand assembled in Parlement , that the patrimony of his Crown and Revenues thereof beand angmented is the great weill and profit baith to the Kingis Grace and his Leiges ; and that King James the sixth , his Majesties Grandfather , and his Parliament of Scotland in Anno 1600. did not erre in the preamble of an Act , Of Annexation of forefaulted Lands and others to the Crown , wherein they did declare , That it is clearly understand by the Kings Majesty and Estates of the Realm , that the augmentation of the patrimony and Revenues of the Crown , not onely serves for the forth setting and maintenance of his Highness Honor and Royall Estate , but alsorelieves greatly his Subjects of divers charges and heavy burdings . And when after his coming to enjoy the Crown of England , he did in his Declaration in the year 1619. Declaring what things he would be moved to grant to his servants and suitors by way of bounty , and what he would not signifie his desire not to cast himself and his posterity into these wants or straits which might drive them to lay burdens on the people . Nor should the people of this nobler and better natured Nation , who have in the times of Monarchy been blest with a greater freedom then France , Spain , Holland , Venice , or any Christian or Heathen people , or Kingdom were ever owners of , be unwilling to imploy as much of their care and well wishes in setling the Kings Revenue , now so much weakened by age and kindness , and ruined for want of repairs , and being repaired , will be but to help to protect and defend themselves as they usually and commonly do in the repairing and building a new their owne houses , amending or making new their Clothes when they perceive them to decay , or refreshing or bringing to heart again their Lands which by doing them good have needed it . When as those who contrived and assented unto Olivers Instrument of Government , as it was called , who was one of the greatest of Villians and Tyrants in the Christian world , and not only murdered his King , but did all he could to destroy the Bodies , Estates , and Souls of his good people , did more resemble Antichrist then either Pope or Turke , highly deserve a burying place under the Gallows , & all that Ignomany could devise to lay upon him , and was of neither Royal or Noble Birth or breeding , and could be well contented to allow him Ten thousand Horse & Dragoons , & twenty thousand Foot , and the Navy to be maintained by a constant yearly Revenue to be raised for that purpose , with the remainder of the Kings , Queens , and Princes Revenues , not disposed of ( except Forests and Chases , and the Mannors thereunto belonging ) all the Lands of Delinquents in Ireland , in the Counties of Dublin , Kildare , Clare and Katerlaugh , the forfeited Lands in Scotland ( which were great and considerable ) the two parts of Recusants Lands in England , not compounded for , and all Debts , Fines , Penalties , Issues , and Casual Profits belonging to the Keepers of the Liberties of England , so miscalled , with two hundred thousand pounds per annum yearly Revenue , for the Administration of Justice and charge of Government , to be and remain to that Minotaure or Protector , so called , and his successors , and the Framers of that which was called the Petition and Advice , could afterwards in the year 1656. by a fancied Authority of Parliament , not onely confirm unto him that Revenue in Land setled upon him , with the Casual profits belonging to the Crown of England , but intreat him to accept of ten hundred thousand pounds per annum , yearly Revenue , to be raised upon the people without a Land Tax for the maintenance of the Army and Navy , with such other supplies , as should be needful to be raised from time to time by consent of Parliament , and three hundred thousand pounds per annum in like manner to be raised for his support of the Government . Need not repine or think that , or a greater Revenue to be too much for the highest born Prince in Christendom , and the Heir of a Succession of Kings for more then one thousand years last past ; who could suffer their Regal Power and Authority so to be bound with the Cords of love to their people and the rules of right reason , as the Sun in all his Travails hath never yet beheld a people enjoying better or so good Laws , and Liberties , and less Taxed or burdened with their Princes occasions . And when as there is not any City or Town Corporate in England , but have received and enjoyed their Charters and Liberties from the King or his Progenitors , not any of the Nobility or Gentry , but have had their honors , priviledges and dignities , and all or some of their Lands and Estates from them ; nor any kinred or family in England , which either by him or some of his famous Progenitors , or the many Josephs and Mordecai's in every age advanced by them , have not mediately or immediately been preferred and advanced , and had all that they have or enjoy by their bounty and munificence , or had much kindness or Royal favors shewed unto them , and like the lesser Trees or Shrubs in the Forest , have comfortably grown up and been protected and shadowed by Druinas Royal Oak , for which in the care of their own good and safty which are involved in his , they are as their forefathers were , more then ordinarily obliged by those eternal Bonds of gratitude , which time or adversity should never be able to break or obliterate , to contribute all they can to his wellfare , and this our once most famous Monarchy . That so our Hercules may not want his Club to defend Himself and his people , that the cry of Debts and people wanting their mony , being the worst of Anguishes to a virtuous and generous mind , may no longer afflict him ; that the looking upon a small Revenue may not dishearten him to take the accompts of it , and that a greater may , now our Janus Temple is shut , put him in mind to do as Augustus Caesar did when all the world was at quiet , keep an Exact account of his Revenues and Expences . That he who hath builded up our wasts , and raised up the former desolations , may be at rest from his sorrows , and all the people in his Dominions break forth into singing praises to the Most High , which hath made him an Instrument to do wonderful things , and like the Dove sent out of Noahs Ark , to bring us the Olive Branch , which the Deep and the rage of many waters had covered . FINIS . Notes, typically marginal, from the original text Notes for div A54694-e390 §. 1. §. 2. §. 3. §. 4. §. 5. §. 6. §. 7. §. 8. §. 9. §. 10. §. 11. §. 12. §. 13. §. 14. § , 15. §. 16. §. 17. §. 18. §. 19. §. 20. §. 21. §. 22. §. 23. §. 25. §. 26. § , 27. § , 28. §. 1. §. 2. §. 3. §. 4. Brewers . Merchants , Wine-Coopers and Vintners . Bakers , §. 5. §. 6. §. 7. §. 8. §. 9. §. 10. § , 11. §. 12. §. 13. ▪ §. 14. ▪ § , 15. §. 16. §. 17. §. 18. §. 19. §. 20. §. 21. §. 22. §. 23. §. 24. §. 25. §. 26. §. 27. §. 28. §. 29. § , 30. § , 31. §. 32. §. 33. §. 34. §. 35. §. 36. §. 37. §. 38. 
A59298	----	The character of a popish successour, and what England may expect from such a one humbly offered to the consideration of both Houses of Parliament, appointed to meet at Oxford, on the one and twentieth of March, 1680/1. Settle, Elkanah, 1648-1724. 1681 Approx. 89 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A59298 Wing S2670 ESTC R10639 11907383 ocm 11907383 50753 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59298) Transcribed from: (Early English Books Online ; image set 50753) Images scanned from microfilm: (Early English books, 1641-1700 ; 511:32) The character of a popish successour, and what England may expect from such a one humbly offered to the consideration of both Houses of Parliament, appointed to meet at Oxford, on the one and twentieth of March, 1680/1. Settle, Elkanah, 1648-1724. [2], 22 p. Printed for T. Davies, London : 1681. Reproduction of original in Huntington Library. In reference to the succession of the Duke of York, afterwards, James II. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession. 2005-09 TCP Assigned for keying and markup 2005-12 SPi Global Keyed and coded from ProQuest page images 2006-10 Ali Jakobson Sampled and proofread 2006-10 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE CHARACTER OF A Popish Successour , AND WHAT ENGLAND MAY EXPECT From Such a One. Humbly offered to the Consideration of BOTH HOUSES OF PARLIAMENT , Appointed to meet at OXFORD , On the One and twentieth of March , 1680 / 1. LONDON , Printed for T. Davies . MDCLXXXI . THE CHARACTER OF A Popish Successour , AND What England may expect from such a One. IT has been my Fortune to be a Subject and a Native of that part of the World , where almost three years last past I have scarce heard any thing , but the continual Noise of Popery and Plots , with all the clamorous Fears of a jealous Kingdom , about my Ears . And truly , I must plainly confess , I am not so ill a Commonwealths-man , but that I am glad to see my Country-men disturb'd in a Cause , where Religion , Liberty , and Property are at stake . If their Jealousies are just , and their Fears prophetick , in God's Name let them talk . Every good man ought to be so far from silencing any reasonable Murmurs , that 't is rather his Duty to bear a Part in a Choire so Universal . And if we see the Great and Wise Men of our Nation , like true English Patriots , strugling and toiling to prevent our threatning Calamities , let us take delight to behold them restless and uneasie , rolling about our troubled Sea , like Porpoises against a Tempest , to forewarn us of an approaching Destruction . But amidst our evident Danger , we see another sort of People daily slattering and deluding us into a false and fatal Security . And sure none are so little our Friends , or indeed so void even of Humanity it self , as those who wou'd lull us asleep when Ruine is in view . But since Zeal and Hypocrisie , naked Truth and artificial Falshood , have oftentimes alike Faces , I cannot but think it the Duty both of a Christian and an English-man , to unravel the Treachery of those false Arguments which they raise to destroy us . As first , they say , Why shou'd we stand in fear of Popery , when in the present Temper of England 't is impossible for any Successour whatever to introduce it ? And next , amidst our groundless Fears , ( say they ) Let us consider what that Prince is that appears so dreadful a Gorgon to England . A Prince that on all accounts has so signally ventur'd his Life for his King and Country : A Heroe of that faithful and matchless Courage and Loyalty : A Prince of that unshaken Honour and Resolution , that his Word has ever been known to be his Oracle , and his Friendship a Bulwark whereever he vouchsafes to place it ; with such an infinite Mass of all the Bravery and Gallantry that can adorn a Prince . Why , must the change of his Religion destroy his Humanity , or the advance to a Crown render his Word or Honour less Sacred , or make him a Tyrant to that very People whom he has so often and so chearfully defended ? Why , may there not be a Popish King with all these Accomplishments , that whatever his own private Devotions shall be , yet shall publickly maintain the Protestant Worship , with all the present Constitution of Government , unalter'd ? Yes , now I say something ! If this Rara avis in terris can be found , then England were in a happy condition . But , alas ! what signifie all the great past Actions of a Princes Life , when Popery at last has got the Ascendant ? All Vertues must truckle to Religion ; and how little an Impression will all his recorded Glories leave behind them , when Rome has once stampt him her Proselyte ? But since unlikely things may come to pass , let us seriously examine how far the Notion of such a Popish Successour consists with Reason , or indeed has the least shadow of possibility . If to maintain and defend our Religion be any more than a Name , it is impossible for any Man to act the true Defensive Part , without the Offensive too : And he that wou'd effectually uphold the Protestant Worship , Peace , and Interest , is bound to suppress all those potent and dangerous Enemies that wou'd destroy 'em ; for all other Defence is but Disguise and Counterfeit . If then the Wisdom of several Successive Monarchs , with a whole Nations unanimous Prudence , and indefatigable Care for the Protestant Preservation , has determin'd , That those Popish Priests who have sworn Fealty to the See of Rome , and taken Orders in Foreign Seminaries , are the greatest Seducers of the King's Liege-People , and the most notorious Incendiaries and Subverters of the Protestant Christianity and Loyalty ; and for that Cause their several Laws declare them Traytors ; by consequence these are the potent and dangerous Enemies which , in defence of the Protestant Cause , this Popish King is oblig'd to suppress and punish , and these the very Laws he is bound to execute . And though , perhaps , till the Discovery of the late Plot , for several Ages we have not seen that Severity inflicted on Popish Priests , as the Laws against them require ; and why ? because the flourishing Tranquility of the English Church under this King and his Father's Reign , rendred them so inconsiderable an Adversary , that the natural tenderness of the Protestant People of England , not delighting in Blood , did not think it worth their while either to detect or prosecute 'em , and therefore has not made 'em the common Mark of Justice . But under the Reign of an English Papist , when the Fraternity of their Religion shall encourage the Pope to make his working Emissaries ten times more numerous ; when , if not the hope of Publick Patronage , yet at least their confidence of Private Indulgence , Connivance , and Mercy , emboldens the Missive Obedience of his Jesuitical Instruments , whilst the very Name of a Popish Monarch has the Influence of the Sun in Egypt , and daily warms our Mud into Monsters , till they are become our most threatning and most formidable Enemies . And if ever the Protestant Religion wanted a Defender , 't is then . If the Word , Honour , or Coronation Oath of a King be more than a Name , 't is then or never he is oblig'd to uphold the Protestant Interest , and actually suppress its most apparent and most notorious Enemies . Well then , for Arguments sake , by the vertue of a strong Faith ( a Faith so strong as may remove Mountains ) let us suppose we may have such a Roman Catholick King , as shall discountenance Pope and Popery , cherish Protestantism , and effectually deter and punish all those that shall endeavour to undermine and supplant it : and then let us examine what this King , thus qualified , must do . First then , in continuing the Ecclesiastick Jurisdiction , Honours , and Preferments in the Hands of the Protestant Clergy , he must confer his Favours and Smiles on those very Men , whom ( by the Fundamentals of his own uncharitable Persuasion , which dooms all that dye out of the Bosom of the Romish Church to a certain state of Damnation ) he cordially believes do preach and teach , and lead his Subjects in the direct way to Hell : And next , at the same time he must not only punish and persecute , but perhaps imprison and hang those very only Righteous Men , whom from the bottom of his Soul he believes can onely open them the Gates of Paradise : whilst in so doing he cannot but accuse himself of copying the old Jewish Cruelty . Nay , in one respect he out-goes their Crime ; for he acts that knowingly , which they committed ignorantly . For , by the Dictates of his Religion he must be convinc'd , that in effect he does little less than save a Barabbas , and crucifie a Jesus . A very pretty Chimaera ! Which is as much as to make this Popish King the greatest Barbarian in the Creation ; a Barbarian that shall cherish and maintain the Dissenters from Truth , and punish and condemn the Pillars of Christianity , and Proselytes of Heaven : Which is no other than to speak him the basest of Men , and little less than a Monster . Besides , at the same time that we suppose that King that dares not uphold nor encourage his own Religion , we render him the most deplorable of Cowards ; a Coward so abject , that he dares not be a Champion even for his God. And how consistent this is with the Glory of a Crown'd Head , and what hope England has of such a Successour , I leave all Men of Sense to judge . Besides , What mis-match'd incongruous Ingredients must go to make up this Composition of a King ! His Hand and Heart must be of no Kin to one another : He must be so inhumane to those very darling Jesuits , that like Mahomet's Pidgeon infus'd and whisper'd all his Heavenly Dreams into his Ears , that he must not only clip their Wings , but fairly Cage 'em too ▪ even for the charming Oracles they breath'd him : And at the same minute he must leave the wide and open Air to those very Ravens that daily croak Abhorrence and Confusion to them , and all their holy Dreams , and their false Oracles . Thus whilst he acts quite contrary to all his Inclinations , against the whole bent of his Soul , what does he but publickly put in force those Laws for the Protestant Service , 'till in fine , for his Nations Peace , he ruines his own , and is a whole Scene of War within himself ? Whilst his Conscience accusing his Sloth on one side , the Pope on the other , Romes continual Bulls bellowing against him , as an undutiful unactive Son of Holy Mother Church , a Scandal to her Glory , a Traytor to her Interest , and a Deserter of her Cause ; one day accusing the Lukewarmness of his Religion , another the Pusilanimity of his Nature ; all Roman Catholick Princes deriding the feebleness of his Spirit , and the tameness of his Arm : till at long run , to spare a Faggot in Smithfield , he does little less than walk on hot Irons himself . Thus all the Pleasure he relishes on a Throne , is but a kind of Good-Fryday Entertainment . In stead of a Royal Festival , his rioting in all the Luxury of his Heart , to see Romes Dagon worshipp'd , Romes Altars smoak , Romes Standard set up , Romes Enemies defeated , and his victorious Mother Church triumphant ; his abject and poor-spirited Submission denies himself the only thing he thirsts for : And whilst the Principles he sucks from Rome do in effect in the Prophets words bid him , Rise , slay and eat , his Fear , his unkingly , nay unmanly Fear , makes him fast and starve . However , if there be such a King in Nature , as will not defend his own Religion , because he dares not ; but sneaks upon a Throne , and in obedience to his Fear shrinks from the Dictates of his Conscience , and the Service of his God : If , like Jupiters Log , such a King can be , and Fate has ordain'd us for a Popish Prince , pray Heaven shrowd the Imperial Lion in this innocent Lambs-skin . But I am afraid we shall scarce be so happy ; and I shrewdly suspect , that all those cunning Catholick Trumpetters who in all Companies found the Innocence of a Popish Successour , and flatter us with such a hopeful , harmless , peaceful Prince in a Papist , have a little of the Romish Mental Reservation in the Promises they make us , and no small Jesuitical Equivocation in the Airy Castles they build us . But I have heard some say , Why , may there not be a zealous Prince of any Religion , who still out of the meer Principles of Morality , shall have that tenderness and sense of his Peoples Peace , as to trouble himself about Religion no farther than concerns his own Salvation ; and therefore continue the Administration of Laws and Devotion in the same Channel he found them ? And all this his meer Morality shall do ! Alas ! alas ! If he 's a Bigot in Religion , all his Morals are Slaves to his Zeal . Nay , grant him to be the most absolute Master of all the Cardinal Vertues , there 's not one of them that shall not be a particular Instrument for our Destruction . As for Example , allow him Fortitude , suppose him a Prince of matchless Courage : So much the 2worse ; what does that but make him the more daring , and more adventurous , in pushing on the Cause of Rome , and with a more undaunted and manly patience bear all the Oppositions he meets in the way . If he be a Man of Justice , that still makes for Rome : for whilst he believes the Pope to be Christ's Lawful Vicar , and that that Office includes the Ecclesiastical Supremacy , no doubt but he 'll think it as much the Duty of his Cstristianity to give the Pope his Right , as to take his own : And in Christ's own Words , that give unto Caesar the things that are Caesar 's , and unto God those things that are God's , he 'll certainly judge the Popes Restoration as great a piece of Justice , as his own Coronation . Then if he be a Master of Temperance , in the properest sense of this Moral Vertue , viz. a Man that can govern his Passions , that 's still as bad : For he that has the most bridled Passions , has always the firmest and steadiest Resolutions . Who so renown'd for Constancy , so fixt in his Resolves , and so unalterable in his determin'd Purposes , as that Philip of Spain , who was never heard to rage , or scarce seen to frown ? Nay , History gives this Character of him , That after the discovery of his Queens Adultery with his own Son , at the same minute that he order'd her a Bowl of Poyson , he did not so much as change his Look , or Voice , either to his treacherous Son , or his incestuous Wife . And what so fit a Pillar for Popery , as such Constancy in a King ? But if we take Temperance in its larger signification , viz. the self-denial of a Man's Worldly Appetites ; still worse and worse : For a Riotous Luxurious Monarch bounds his Ambition wholly in the Pleasures of a Crown , resigns his Reins to his Charioteers , and leaves the Toil of Power to his Subordinate Magistrates , like the Work of Fate to Second Causes ; whilst his Intemperance so slackens his Zeal , that it unbends those very Nerves , which otherwise might be more strenuously wound up for our Destruction . And lastly , If he has Prudence , that 's worst of all . That 's his onely winning Card ; the onely leading Vertue that manages his Policies and Conduct with that Care and Art , till he effects the Business of Rome , and ripens that mighty Work to a perfection , which otherwise an overforward fool-hardy Zeal , by ill management , might destroy . Thus his very Cardinal Vertues are the absolute Hinges that open the Gates to Rome . Alas ! where Superstition rules the day , all Moral Vertues are but those lesser Lights that take their Illumination from that greater Orb above ' em . And thus , what boots it in a Popish Heir , to say he 's the truest Friend , the greatest of Heroes , the best of Masters , the justest Judge , or the honestest of Men ? All meer treacherous Quicksands for a People to repose the least glimpse of Safety in , or build the least Hopes upon . But I have heard a great many say , It cannot enter into their thoughts , that a Popish Successour will ever take such an inhumane and so unnatual a Course to establish Popery , it being so absolutely against the English Constitution , that it can never be introduced with less than a Deluge of Blood. Surely his very Glory should withold him from so much Cruelty , considering how much more it would be for his Immortal Honour , to have the universal Prayers than the Curses of a Nation . And one would think a King would so much more endeavour to win the Hearts , than the Hatred of his People , that certainly in all probability this excentrick Motion , this disjoynting the whole Harmony of a World , should be so ungrateful to him , that no Religion whatever should put such a thought into his Head. And all this his Glory shall do ? His Glory ! The Glory of a Papist ! A pretty Airy Notion . How shall we ever expect that Glory shall steer the Actions of a Popish Successour , when there is not that thing so abject that he shall refuse to do , or that Shape or Hypocrisie so scandalous he shall not assume , when Rome or Romes Interest shall command ; nay , when his own petulant Stubbornness shall but sway him ? As for example ; For one fit he shall come to the Protestant Church , and be a Member of their Communion , notwithstanding at the same time his Face belies his Heart , and in his Soul he is a Romanist . Nay , he shall vary his Disguises as often as an Algerine his Colours , and change his Flag to conceal the Pyrate . As for instance ; Another fit , for whole Years together , he shall come neither to one Church nor th' other , and participate of neither Communion , till ignobly he plays the unprincely , nay the unmanly Hypocrite , so long , that he shelters himself under the Face of an Atheist , to shrowd a Papist . A Vizor more fit for a Banditto , than a Prince . And this methinks is so wretched and so despicable a Disguise , that it looks like being asham'd of his God. Besides , If Glory could have any Ascendant over a Popish Successour , one would think the Word of a King , and the Solemn Protestations of Majesty , ought to be Sacred and Inviolable . But how many Precedents have we in Popish Princes to convince us , their strongest Engagements and Promises are lighter than the very Breath that utters ' em . As for Examples sake ; How did their Saint Mary of England promise the Norfolk and Suffolk Inhabitants the unmolested continuation of the Protestant Worship , calling her God ( that God that saw the falseness of her Heart ) to witness , That though her own Persuasion was of the Romish Faith , yet she would content her self with the private Exercise of her own Devotion , and preserve the then Protestant Government , with all her Subjects Rights and Priviledges , uninjur'd . Upon which those poor , credulous , honest , deluded Believers , on the security of such prevalent Conjurations , led by the mistaken Reverence they paid to a protesting Majesty , laid their Lives at her Feet , and were the very Men that in that Contest of the Succession plac'd her on a Throne : But immediately , when her Soveraign Power was securely established , and his pious Holiness had bid her safely pull the Vizor off , no sooner did Smithfield glow with Piles of blazing Hereticks , but Chronicles more particularly observe , that no People in her whole Kingdom felt so signal Marks of her Vengeance , as those very Men that raised her to a Throne . Her Princely Gratitude for their Crowning her with a Diadem , Crown'd them with their Martyrdoms . But since we have mentioned her Princely Gratitude , 't will not be amiss to recollect one Instance more of so exemplary a Vertue . In the Dispute betwixt hers , and the Lady Jane Grays Title to the Crown , it was remarkable , that all the Judges of England gave their unanimous Opinions for the Lady Janes Succession , except one of them only , that asserted the right of Mary : But it so fell out , that this Man proving a Protestant , ( notwithstanding of all the whole Scarlet Robe he had been her only Champion ) was so barbarously persecuted by her , that being first degraded , then imprison'd and tortur'd for his Religion , the cruelty of his Tormentors was so savage , that with his own hand he made himself away to escape ' em . And well might the violence of his Despair sufficiently testifie his Sufferings were intolerable , when he fled to so sad a Refuge as Self-murder for a Deliverance . But here says another Objection , Suppose that the Conservation of a Nations Peace , the Dictates of a Princes Glory , and all the Bonds of Morality , cannot have any influence over a Popish Successour ; yet why may there not be that Prince , who in veneration of his Coronation Oath , shall defend the Protestant Religion , notwithstanding all his private regret , and inclinations to the contrary ? When rather than incur the infamous brand of Perjury , he shall tie himself to the performance of that , which not the force of Religion it self shall violate ? And then , how can there be that Infidel of a Subject , after so solemn an Oath , that shall not believe him ? Why , truly , I am afraid there are a great many of those Infidels , and some that will give smart Reasons for their Infidelity : For , if he keeps his Oath , we must allow , that the only Motive that prompts him to keep it , is some Obligation that he believes is in an Oath . But considering he is of a Religion that can absolve Subjects from their Allegiance to an Heretical Excommunicated Prince , nay depose him , and take his very Crown away ; why may it not much more release a King from his Faith to an Excommunicated Heretical People , by so much as the Ties of Vassals to Monarchs , are greater than those of Monarchs to Vassals ? But 't will not be amiss , for strengthning this Argument , to give the World an Instance of the power of an Oath with a Roman Catholick King. There is a famous Gentleman on the other side the Water , whom we all very well know , ( pray Heaven we live not to be better acquainted with him than we desire ) that once took the strongest of Oaths , the Sacrament , That he would never invade nor make war upon Flanders . But whether or no his Confessour found some Jesuitical Loop-hole from that Sacrament , or that the Body and Blood of Christ could not hold him , we see that Flanders of late years has not liv'd so merrily , nor so peaceably , as so Royal a Voucher ( one would have thought ) might have assured them they should . And now let us a little balance the difference between the Breach of his Oath , and that of a Popish Princes in England . All the Motives that could provoke him to the breach of his Oath , was only his Ambition , a Lust of being Great : And at the same time that he is an Invader of his Neighbouring Princes , his Conscience must tell him his Conquests are at best but so many glorious Robberies , and all his Trophies but shining Rapines . Was it not the sense of this that made Charles the Fifth , who may be also called Great , after all his Victories , retire from a Throne into a Cloyster , out of meer remorse for all the Streams of Blood he had shed , to make the last part of his Life an Attonement for the Faults of the first ? And then if a Roman Catholick can break an Oath only for the pleasure of Conquering , which he knows is doing ill ; shall not a Popish Prince in England have ten times more inclination to break an Oath for the propagation of his own Faith , which his Conscience tells him is Meritorious ? For , besides the specious flattery , That Kings can do no ill , and That all Crimes are cancelled in a Crown , he has Religion to drive the Royal Jehu on ; Religion , that from the beginning of the World , thro' all Ages , has set all Nations in a Flame , yet never confesses it self in the wrong . Besides , how can a Popish Prince , in attempting to establish his own Religion , believe he does his Subjects an Injustice in that very thing in which he does God Justice ; or think he injures ●hem , when he does their Souls right ? Alas ! no : When Rome by her insinuating Witchcrafts has lifted the full Bowl of her Inchantments to his Lips , what will his holy enthusiastick Rage do less than the hot-brain'd drunken Alexander ? All his best Friends , and every honest Clytus that dares but thwart his Frenzy , is presently his Frenzies Sacrifice : only with this difference ; the frantick Alexander , after his drunken Fit was over , in his milder and more sensible Intervals , with all the compunctions of penitence , could mourn and groan for what his blinder Rage had murder'd : But Religious Frenzy leaves that eternal Intoxication behind it , that where it commits all the Cruelties in the World , 't is never sober after to be sorry for 't . Thus whilst a Popish King sets his whole Kingdom in a combustion , how little does he think he plays a second Nero ? Good consciencious Man , not he : Alas ! he does not tune his Joys to the Tyrannick Nero's Harp , but to David's milder and more sacred Lyre ; whilst in the height of his pious Ecstasie he sings Te Deum at the Conflagration . Thus with an Arbitrary unbounded Power , what does his licencious holy thirst of Blood do less , than make his Kingdom a larger Slaughter-house , and his Smithfield an Original Shambles ? Thus the old Moloch once again revives , to feast and riot on his dear Humane Sacrifice : And whilst his fiery Iron Hands crush the poor burning Victime dead , the propagation of Religion , and the Glory of God , as he calls it , are the very Trumpets that deafen all the feeble Cries of Blood , and drown the dying Groans of what he murders . Thus whilst the Bonds of Faith , Vows , Oaths , and Sacraments can't hold a Popish Successour , what is that in an Imperial Head , but what in a private Man we punish with a Gaol and Pillory ; whilst the perjur'd Wretch stands the universal Mark of Infamy , and then is driven from all Conversation , and like a Monster hooted from Light and Day . But the Pope and a Royal Hand may do any thing ; there 's a Crown in the case to gild the Deeds his Royal Engins act . — Et quod Turpe est Cerdoni , Volesos Brutosque , decebit . They are still that adorable Sovereign Greatness we must kneel to , and obey . What if a little perjur'd Villain has sworn a poor Neighbour out of a Cow or a Cottage ! hang him , inconsiderable Rogue , his Ears deserve a Pillory . But to Vow and Covenant , and forswear three Kingdoms out of their Liberties and Lives , that 's Illustrious and Heroick . There 's Glory in great Atchievements , and Vertue into Success . Alas ! a vast Imperial Nimrod hunts for Nobler Spoils , flies at a whole Nations Property and Inheritance . A Game worthy a Son of Rome , and Heir of Paradise . And to lay the mighty Scene of Ruine secure , he makes his Coronation Oath , and all his Royal Protestations , ( those splendid Baits of premeditated Perjury ) the Cover and Skreen to the hidden fatal Toil laid to insnare a Nation . But now to their main Objection : Some People will tell us , That 't is wholly impossible for any Popish Successour , by all his Arts or Endeavours whatever , to introduce Popery into England . To this I answer , If he 's a Papist that says so , he knows he belies his Conscience ; for our late Hellish Plot is a plain Demonstration , that their whole Party believed it possible . For did not the late Secretary St. Coleman's Records tell us , That the pestilent Northern Heresie was to be rooted out , and that now they had as much hopes of accomplishing that Sacred Work of Rome , as they had in Queen Marys days ? Could any thing be plainer , than that the subtle Jesuits had formed a Design to effect it ? For it is contrary to Reason , and even Nature it self , ( as bloody as their Principles are ) to think they aim'd at the Life of their King , and would play the Regicides only to commit the blackest of Murders , for meerly Murders sake . No : They had the assurance under a presumptive Popish Heir , of making a National Conversion ; and how little privy soever he might possibly be to their principal and hellish Blow , yet they had that perfect in-sight into the very Soul of a Papist , that they were satisfied that under that Notion it was impossible for him to be otherwise than a Man of Romes right stamp , and their Hearts own liking . And if under such a Successour , their hopes of a Nations Conversion were equal to those in Queen Marys time , no doubt the converting Means must have been as Bloody or Bloodier than hers . For if after the short Infancy of seven years Reformation , under the Protestant Edward the Sixth's Reign , there wanted Fire and Faggot to restore the Pope ; how much more will he want them for his Restoration , after an Exclusion of almost Seven-score years together , with all the necessary Difficulties of regaining his Empire , where his Throne has been so long demolish'd ? Nay , in Edward's Days the only detestation of the Fopperies , Idolatries , and Superstitions of Rome , was all that went to make a Protestant Reformation . Alas ! the Beast was then but young : But his Horns are since grown stronger , and his Teeth and Tallons sharper ? For , since that , we have had the notorious Paris and Irish Massacres , when at one riotous Festival above 100000 bleeding Protestant Hearts were all gorged by the devouring Monster in a Night . Add to these , the successive Villanies of Gunpowder-Treasons , Fired Cities , with Plots against Kings and Kingdoms , which serve to heighten the Protestant Abhorrency . And if after all this we must still be converted , most certainly his Holiness must follow Nebuchadnezzar's Example , and heat his Fiery Furnace seven times hotter than formerly . Thus far we are convinc'd that the Jesuits beliv'd it possible ; and they are too cunning and politick a sort of People , to be deceiv'd with Shadows , or make Mountains of Mole-hills . And that it may not be objected , That their Zeal has blinded their Reason , let us but rightly consider , how far the first Foundations of Popery , ( viz. Arbitrary Power ) may be laid in England . First , then , if a Papist Reign , we very well understand that the Judges , Sheriffs , Justices of the Peace , and all the Judiciary Officers , are of the King's Creation : And as such , how far may the Influence of Preferment on baser Constitutions , cull'd out for his purpose , prevail even to deprave the very Throne of Justice her self , and make our Judges use even our Protestant Laws themselves to open the first Gate to Slavery ? Alas ! the Laws , in corrupted Judges hands , have been too often used as barbarously as the Guests of Procrustes , who had a Bed for all Travellers ; but then he either cut them shorter , or stretch'd them longer , to fit them to it . Well , but if the Publick Ministers of Justice betray the Liberty of the Subject , the Subject may petition for a Parliament to punish 'em for 't . But what if he will neither hear one , nor call the other ? who shall compel him ? The intail'd Revenues of the Crown are much larger than his Popish Predecessors e're enjoy'd , notwithstanding all the Branches of it that terminate with the Life of this present King. Besides , if this will not do , there 's no doubt but he 'll find sufficient Assistance from the Pope , English Papists , and Foreign Princes : And then having but a prudent Eye , and a tenacious Hand , to manage his Exchequer , we shall find he 'll never call that People he shall never have need of . And then where are our Parliaments , and a Redress for all the Grievances and Oppressions in the World ? But all this while the Pope is not Absolute , there wants a Standing Army to crown the Work. And he shall have it ; for who shall hinder him ? Nay , all his Commanders shall be qualified , even by our present Protestant Test , for the Employment . He shall have enough Men of the Blade out of one half of the Gaming-houses in Town , to Officer twice as many Forces as he shall want . 'T is true , they shall be Men of no Estates nor Principles ; but they shall fight as well as those that have both : For People are ever as valiant that have their Fortunes to raise , as those that have them to defend : nay , of the two they shall be more faithful to him ; for they have no Property to be concern'd for , and will more zealously serve him , by reason their whole Interests and Estates lie in him . And that this Army may be more quietly raised , how many Honourable Pretences may be found ? Perhaps the greatest and most importunate Preservation of his Kingdom shall call for it ; and then , upon second thoughts , in stead of defeating some Foreign Enemy , they are opportunely ready to cut our Throats at home , if we do not submit , and give all that this King shall ask . And then I hope none will deny , but his Revenue may be as great as he and his Popish Counsellors shall think fit to make it . Thus far we have given the Pourtraicture of a Popish King : And now let us take a Draught of his Features in his Minority ; that is , whilst he is only a Popish Heir Apparent . Imagine then a long and prosperous Reign of a Protestant Prince , a Prince so excellently qualified , that true Original of Clemency , Goodness , Honour , all the most dazling Beams of Majesty : That with all his Sacred Princely Endowments he renders himself so true a Vicegerent of Heaven in his Three Kingdoms , so near an Image of God in the moderation of his Temper , and the dispensation of his Laws , that even the nearness of his affinity to Heaven should entitle him to the dearest Care of it . And to prove him the dearest Care of Heaven , imagine likewise that Heaven has given him a People of those loyal and grateful Principles , looking up with that thankful Allegiance , and kneeling with that humble Veneration to the best of Kings , the Authour of their Prosperity , and the Founder of his Kingdoms Glory , that they have made it the greatest study of their Obedience to deserve so good a King. Witness in all Exigences their cordial tendring their Lives to serve him , and so far endeavouring to strengthen his Scepter and his Sword , till perhaps they have added those Gems to his Crown , that all his Princely Ancestors could never boast of : Being so truly strenuous in rendring their Purses and Fortunes his absolute Votaries , till they have made his Revenue more than trebbly exceed all his Royal Predecessors : And not stopping here , but upon all occasions continuing their generous and unwearied Bounty : Nay , that too , not always where his Peoples Safety , and his Kingdoms Glory , but where his private Satisfaction call'd for it ; as if they were resolved to yield their Hands and Hearts so entire a Sacrifice to Majesty , that they would gratifie even his softest Wishes , studying to sweeten his Fatigue of Empire with all the Pleasures of a Throne . Now let us suppose , after a long Tranquillity of this matchless Monarch's Reign , That the immediate Heir to his Crown , and a part of his Blood , by the Sorceries of Rome is canker'd into a Papist . And to pursue this Landschape , we see this once happy flourishing Kingdom so far ( as in all Duty and Reason bound ) concern'd for themselves , their Heirs , and their whole Countries safety , till with an honest , cautious , prudent Fear they begin to inspect a Kingdoms universal Health ; till weighing all the Symptoms of its State , they plainly descry those Pestilential Vapours fermenting , that may one day infect their Air , and sicken their World ; and see that rising Eastern Storm engendring , that will once bring in those more than Egyptian Locusts , that will not onely fill their Houses , and their Temples , but devour their Labours , their Harvests , and their Vintages . Thus they so long survey their threatned Countries Danger , till with a more than Prophetick horrour , they manifestly discover all the inseparable Concomitants of a Popish Successour ; and , like true Patriots , anticipate their Woes , with a present sense of the future Miseries they foresee . With these just Resentments of their dangerous State , 't is easie to conclude what follows . What is this Popish Heir in the Eye of England , but perhaps the greatest and onely Grievance of the Nation , the universal Object of their Hate and Fear , and the Subject of their Clamours and Curses ? at whose Door lie their Discontents and Murmurs ; But 't is Murmurs so violent , that they thrust in amongst their very Prayers , and become almost a part of their Devotions : Murmurs so bold , that they dare approach the very Palace , nay Throne and Ear of Majesty . And whenever the People of England reflect on this Heir as their King in Reversion , they have reason to look upon him as no better than Jupiter's Stork amongst the Frogs . Yes , notwithstanding all his former Glories and Conquests , his whole Stock of Fame is so lost and buried in his Apostacy from the Religion , and consequently the Interest of these Protestant Kingdoms , that all his Services are cancell'd , and his whole Mass of Glory corrupted . Suppose likewise this Popish Heir for many happy years so blest in the Tenderness and Friendship of the best of Kings , that there is not that Favour or Honour within the reach or wish of Majesty , that he has not made it the Study of his whole Reign to confer upon him ; whilst his Greatness and Lustre have been so much his dearest darling Care , as if the promoting his Interest had been the Support of his own ; till in short he has had so large a share in the Bosom of this Royal Pylades , this kindest and most gracious of Princes , as if one Soul had animated them both . On this Foundation , as great Affections are not easily removed , and Sympathy is that Bond which Humane Power can ne'er dissolve , suppose moreover , that this inseparable Tie continues so long , notwithstanding all the Changes of Principles and Religion , a Byass so heavy that it almost overturns a Kingdom : Yet still the force of Nature and Friendship surmounts them all , and stands that zealous unshaken Bulwark , for the protection and safety of this dearest part of himself ; till at length he does little less than act so over-fond a Pelican , that he exhausts even his own Vitals to cherish him . Thus whilst the long and lawful Fears of a drooping Nation have fully and justly satisfied them , that the kindest and most favourable Aspect of Majesty that smiles on England , thro' the defence and Interest of a Popish Heir , shines but like the Sun thro' a Burning-glass , whose gentlest morning Vernal Beams , thro' that fatal Medium , do but burn and consume what otherwise they would warm and cherish ; what can the Consequence of this unhappy Friendship be , but that the very Souls and Loyalties of almost a whole Kingdom are staggered at this fatal Conjunction ; till I am afraid there are too many , who in detestation of that one gangren'd Branch of Royalty , can scarce forbear ( how undutifully soever ) to murmur and revile even at that Imperial Root that cherishes it ? Insomuch that those very Knees that but now would have bow'd into their very Graves to serve him , grow daily and hourly so far from bending ( as they ought ) to a Crown'd Head , till they are almost as stubborn as their Petitions and Prayers have been ineffectual . Thus whilst a Popish Heir's extravagant Zeal for Rome makes him shake the very Throne that upholds him , by working and incroaching on the Affections of Majesty for that Protection and Indulgence that gives Birth and Life to the Heart-burnings of a Nation ; what does he otherwise , than in a manner stab his King , his Patron , and his Friend , in his tenderest part , his Loyal Subjects Hearts ? Which certainly is little less than to play the more lingering sort of Parricide ; a part so strangely unnatural , that even Savages would blush at ; yet this Religion , incorrigible remorseless Religion , never shrinks at . Thus whilst the Universal Nerves of a whole strugling Nation bend their united force against the Invasion of Pope and Popery , in studying to prevent Tyranny , they grow jealous of Monarchy . And fearing lest their Loyal Aid to the Father of their Country should unhappily contribute to the strengthning of the Subverters of their Peace and Liberty , instead of that Tributary gold which once they so cheerfully shower'd at their dread Soveraign's feet , now on the contrary the protection of a Popish Successor makes them so far from supplying the real and most pressing Necessities of Majestie , that they are rather well-pleased and triumph in his greatest wants , and that perhaps when his Glory , nay possibly when his nearest Safety calls for their Assistance . Thus what does this Popish Heir in tying up the hands of a whole Nation from their just devotion to their King , but onely this , In return for the accumulated Honours heaped upon him , he most inhumanely starves the very hand that fed him . An Ingratitude that even an Infidel would be ashamed of ! But this Religion , incorrigible remorseless Religion , never blushes at . Besides , if there can be a Son of that Royal Martyr Charles the First , a Prince so truly pious , that his very Enemies dare not asperse his Memory or Life with the least blemish of Irreligion ; a Prince that seal'd the Protestant Faith with his blood ; who in his deplorable Fate and ignominious Death , bore so near a resemblance to that of the Saviour's of the World , that his Sufferings can do no less than seat him at the right hand of Heaven . If , I say , there can be a Son of that Royal Protestant , of that uncharitable Popish Faith , who by the very Tenets of his Religion dooms all that die without the bosome of their Church irreparably damn'd ; then consequently he must barbarously tear up his Fathers sacred Monument , brand his blessed memory with the name of Heretick ; and to compleat the horrid Anathema , he most impiously execrates the very Majestie that gave him being . Then in fine , provided and granted that we have an Heir to the Imperial Crown of England perverted to the Romish Faith , and consequently of that depraved constitution and principles , that he has neither charity for the Stock from whence he sprang , concern or care for the safety , peace , glory , or prosperity of the best of Patrons , Friends , and Kings ; nor lastly , any remorse for all the Groans of an afflicted Kingdom : What promises can we give our selves of his future Reign , when we have all these fatal Prognosticks before-hand ? Ex pede Hercules . Or is it likely he will have greater care and tenderness for a Nations peace , when he shall be seated on a Throne , and have more power to take it from them ? But says a Critick to all this , Suppose this Popish Heir undoubtedly believes ( as a Papist must do ) that there 's no way to Heaven but his own ; should he so far comply with the glory or interest of his King , though a Father or a Brother , on the one side , and the quiet and safety of a Nation on the other , as to renounce his principles of Christianity , and conform to theirs ? What were that , but to purchase their peace with his own damnation , and to sacrifice his own Soul for their worldly interests ? And certainly neither Duty , nor Allegiance , nor any Tye whatever , ought to extort that from him . And then , if all the grievances of a Kingdom lie at his door , alas , the worst can be said of him is , That if he be any occasion of it , 't is his unhappiness , and not his fault . More especially , provided he is onely passive , and that we plainly see , that during his being this Popish Heir , he acts nothing that may encourage or favour Popery in the least . Pray , by the way , How must it follow , that if we do not plainly see him act , that therefore he must not act ? Does no man act , but he that publickly treads the Stage ? Does no man sit at the Helm , but he that visibly holds the Rudder ? Does no wind stir the troubled Sea into a Tempest , but what the poor Mariners both hear and feel ? no Storm , but that which lightens in their Eyes , and thunders in their Ears , to warn 'em 't is a coming ? Alas , alas , the greatest Hurricanes are onely made by subterranean Winds . A secret , silent , underground-working Mine of Ruine , which never bursts out till it destroys , and which no man hears or sees till he is lost . But to return to the Objection , The grievance of a Nation may be his unhappiness , and not his fault , &c. That is , in short , he cannot help it . Very right . And so when this Popish Heir comes to the Crown , and promotes the Romish Interest with all the Severity , Injustice , and Tyranny , that Religious Cruelty can invent ; his answer will be , he cannot help it , or at least cannot withstand those irresistible motives that prompt him to their execution ; which is the same thing . The injunctions of his Conscience make him as active now in the ruining a Kingdoms peace , as he was passive in it before . For who can be so void of common sense , as not to know , that the same impulse of Conscience that makes a man a Roman Catholick , will make him act like one when opportunity serves ? And what greater opportunity to establish Popery , than for a Papist to wear a Crown ? And tho' perhaps the stubborn English Genius will not easily bend to the Superstition of Rome , yet since his Almighty Friend the Pope , the undisputed Keeper of the Keys of Paradise , will no doubt assigne him no common Diadem in Heaven for so glorious a Task as a Nations Conversion , who then will not make that sacred Work the study of years , which cannot be accomplisht in a day , for such a Reward ? Especially when he has these two infallible Arguments to spur him on in so godly a Cause : First then , he is of a Religion that makes humane Merit the path to Salvation . Merit , the Roman Catholick Exchequer , Rome's bottomless Golden Mine . Merit , that makes the frighted dying sinner starve his own Blood , and pawn his Estate , to redeem his Soul. Merit , that drains the Wealth of Nations into the priestly Coffers , and makes the Luxury of a World the pamper'd riotous Church-mans Inheritance . Merit , that can make a Loretto-Chappel vie with a Venetian Arsenal ; and Rome's Altars , Cloysters , and Covents , rise so high , so rich , so numerous , and so magnificent , tho' the impoverisht Widows groans , and the naked Orphans cryes , do little less towards the building than a second Amphion . Nay , Merit , that can consecrate Daggers , and kill Kings . Thus whilst he has the Wonder-working Merit for his Tutor , what greater and more meritorious act to canonize him a Saint of the first magnitude , than the converting of an Apostatized Heretical Kingdom ? And then next , he is of a Religion that does not go altogether in the old-fashion Apostolical way of preaching and praying , and teaching all Nations , &c. but scourging , and wracking , and broiling 'em into the fear of God. A Religion that for its own propagation will at any time authorize its Champions to divest themselves of their humanity , and act worse than Devils , to be Saints . And thus whilst neither the cries of Blood can deter him on the one side , and so no Tyranny come amiss to him ; and next , that he has the undeniable assurance of the greatest blessings of Eternity to encourage him on the other ; with these advantages , who would not be as active as a second Romulus , and with all his utmost vigour and pride , build up his Romes new Walls , tho' he made his nearest , nay the Nations dearest blood their Cement ? And thus what is a Popish Heir , but the most terrible and the most dangerous of Englands Enemies , and of all our Foes , has the most inflexible invincible Enmity . Nay , the very outrages of Thefts , Murders , Adulteries , and Rebellions , are nothing to the pious Barbarities of a Popish King. The Murderer and Adulterer may in time be reclaimed by the precepts of Morality , and the terrours of Conscience . The Thief , by the dread of a Gallows may become honest . Nay , the greatest Traytor , either by the fear of Death , or the apprehensions of Hell , may at last repent . But a Papist on a Throne has an unconfutable vindication for all his proceedings , challenges a Commission even from Heaven for all his Cruelty dares act . And when the enchantments of Rome have toucht his Tongue with a Coal from her Altars , what do his Enthusiasms make him believe , but that the most savage and most hellish Dooms his blinded zeal can pronounce , are the immediate Oracles of God ? and all the Apology a poor Nation can expect from him , is , He cannot help it . I , but ( say the wisest Criticks we have met with yet ) if these be the dangers of a Popish King , why have we not such strong , such potent Laws made before this popish Heir come to the Crown , that it shall be impossible for him ever to set up Popery , though he should never so much endeavour it ? To this I answer ; To endeavour to set up Popery by Law , even with the Laws that we have already against it , is impossible ; and therefore the very supposition of the Projection that way is nonsence . And on the other side , to conclude he 'll endeavour to do it against Law , and so to make new Laws on purpose for him to break them with their fellows , is worse nonsence than t'other . Besides , Who shall call this King to question for breaking these Laws , if he has the power and will to do it ? I fancy that the onely nearest illustration I can make upon this point , in creating new Laws against Popery in case of a Popish Successor , is as politick a piece of work in the kinde , as building the Hedge to fence in the Cuckow . 'T is true , I will not deny , but a Popish King may be totally restrain'd from all power of introducing Popery , by the force of such Laws that may be made to tye up his hands ; but then they must be such as must ruine his Prerogative , and put the executive power of the Laws into the hands of the People . If a King of England were no more than a Stadt-holder in Holland , or a Duke of Venice , no doubt Popery would have little hopes of creeping into England ; which is in short , he that is no King , can be no Tyrant . But what Monarch will be so unnatural to his own Blood , so ill a Defender , and so weak a Champion for the Royal Dignity he wears , as to sign and ratifie such Laws as shall entail that effemenacy and that servility on a Crown , as shall render the Imperial Majesty of England but a Pageant , a meer Puppet upon a Wire ? If then no King will assent to make Laws to do it this way , and no Laws can do it t'other , all Laws against Popery , in case of a Popish Successor , are , as I told you before , but building the Hedge , &c. For indeed , how can the force of Laws made by a Protestant Predecessor , and a Protestant Parliament , in any sort binde a Popish Successor , when the very first advance of the Popes Supremacy introduces that higher power , those Canonick Ecclesiastick Laws , which no Secular , or any Temporal Court can or may controul ? Laws that shall declare , not onely all the Statutes and Acts of Parliament made against the dignity of Mother Church , void and null , but the very Law-makers themselves as Hereticks , wholly uncapable of ever having any right of making such Laws . No doubt then , but that fire that burns those Heretick Law-makers , shall give their Laws the same Martyrdom . With this certain prospect , both of the Ruine of their Estates , Lives , and Liberties , where lyes the sin in the Commons of England to stand upon their guard against a Popish Successor ? Aye , a God's name let 'em stand upon their guards , and use all expedients to keep out Popery and Tyranny , provided still that we preserve the sacred Succession in its right Line ; for that we are told both King and people are obliged in Conscience to defend and uphold . I think I need not insist further in multiplying Arguments to prove how far 't is impossible to do one without the other ; but on the other side , let us examine how the defending and establishing a Popish Successor , is an obligation on our Duties or Consciences . First then , let us fancy we see this Popish Heir on his Throne , and by all the most illegal and arbitrary means , contrary to the whole frame and hinges of the English Government , introducing Popery with that zeal and vigour , till his infatuated Conscience has perverted the King into a Tyrant . And not to stop here , If the Constitution of the English Majesty makes a King supream Moderator and Governour both Ecclesiastick and Civil : What does this Popish King by admitting the Pope's Church-supremacy , but divest himself of half his Royalty , whilst like the junior King of Brainford in the Play , he resignes and alienates the right and power of Majesty to an Invader and an Usurper ? And whilst we are thus enslaved by a Medley-Government betwixt Tyranny and Usurpation , by establishing a Papist on a Throne , we are so far from preserving the Crown , that is , the Imperial Dignity , in a right Line of Succession , that we do not preserve it at all , but on the contrary extirpate and destroy it , whilst by enthroning a Papist we totally subvert and depose the very Monarchy it self . And can it be the duty of either Englishmen or Christians , to have that zeal for a corrupted leprous Branch of Royalty , that we must ruine both Religion , Government , and Majesty it self , to support him ? How much more consistent would it be with the honest , prudent , and lawful means of a Nations preservation , to take out one link out of the whole Chain of Succession , than by preserving that , to break the whole to pieces ? Next let us see , who 't is the Commons of England would render uncapable of inheriting the Imperial Crown ; a Prince of the Royal Blood , nurst and bred up in the Protestant Allegiance and Faith , and afterwards seduced and perverted to the Romish principles and Superstition . And what 's that , but a Prince whom the unanimous Voice both of King and People , ( for such are the Laws of England ) have declared guilty of High-Treason , as we finde it in the first Statute in the 23 d of Elizabeth . STATUTE . Be it declared and enacted by the Authority of this present Parliament , That all persons whatever , which have , or shall have , or pretend to have power , or shall by any way or means put in practice to Absolve , Perswade , or Withdraw any the Queens Majesties Subjects , or any within her Highness Realms and Dominions , from their natural Obedience to her Majesty ; or withdraw 'em for that intent from the Religion now by her Highness Authority establisht within her Highness Dominions , to the Romish Religion ; or to make them , or any of them , to promise any Obedience to any pretended Authority of the See of Rome , or any other Prince , State , or Potentate , to be had or used within her Dominions ; or shall do any Overt-Act to that intent or purpose ; and every of them , shall be to all intents Adjudged to be Traytors ; and being thereof Lawfully Convicted shall have Judgment to suffer and forfeit as in case of High-Treason . And if any person shall , after the end of this Sessions of Parliament , by any means be willingly Absolved , or withdrawn as aforesaid , or willingly Reconciled , or shall promise any such Obedience to any such pretended Authority , Prince , State , or Potentate , as is aforesaid ; then every such person , their Procurers and Councellors thereunto , being thereof lawfully Convicted , shall be Tryed and Judged , and shall Suffer and Forfeit as in cases of High-Treason . Nor was this Act any more than a Confirmation and Explanation of an Act made before , in the 13 th year of her Reign ; Where 't is likewise declared , That if any person , or persons , shall willingly receive or take any Absolutions , or Reconciliations from the See of Rome , that they and their Seducers shall be equally guilty of High-Treason . Nay , we have an Act even in Henry the 8th's Reign , in which is declared , That any man that shall refuse the Oath of Henry 's Supremacy in renunciation of the Pope , shall be guilty of High-Treason . If then we have a Popish Heir presumptive , of the same brand that these Laws have markt him out , I would ask , what Crime 't is in the People of England to endeavour to disable a Tyrant from wearing a Crown ? Besides , they consider they are under a regulated and bounded Government , a Government where no man stands or falls but by his own act and decree ; whilst the whole dispensation of Meum and Tuum are made by every mans self , or his Representatives . Since then the People of England , as the Lawmakers , are an essential part of the Government ; and are fully assur'd in the Reign of a Papist , that Right will be destroy'd , Why should not they be as active and vigorous for their own Royal Inheritance , and Sacred Succession of Power , as a King for his ? Nay they ought to be the more vigorous of the two . For the King in defending a Popish Heir , protects but that Successor , whose Tyranny he shall never live to see ( since it commences but from his Grave ) ; but the People of England , in Asserting their Rights and Liberties , and defending themselves and their Heirs , do oppose that Tyranny which they may both live to see and feel . And that they may assure themselves they shall feel it , if ever a Papist mounts this Throne , then all their Murmurs , their Petitions , Protestings , and Association-Votes will be remember'd to the purpose . He that has gone a long and tiresome Journey through Brakes and Briars to a splendid Palace , when once in possession , will send out to Root up all those Thorns , and Weed those Thistles that gor'd him in the way . Alas ! too sure he 'll make good that old Promise of God to the Seed of the Woman , He 'll crush their Heads , that bruised his Heels . And would it not be hard , that the Folly and Fall of one Man should renew our old Adam's Misfortune , and entail a Curse on our whole English Generation ? If the policy of Rome , like the old Serpents subtilty , has puft him up into an ambition and lust of being equal to Gods ; may he have Adam's success too , whilst the Protestant hearts and hands of England , stand like the Angels Flaming Sword to expel him from that once Hereditary Paradise , which now his Apostacy has justly forfeited and lost . Besides , that the Disinheriting of an Heir to the Crown of England may not appear a thing so illegal , or indeed so monstrous as some people would make it , I would only refer those vehement assertors of the inviolable right of Succession , to our own Chronicles for their confutation . For they 'll find not only the Succession was scarce ever kept for Three Kings Reigns together , in a direct line of descent , since the Conquest ; but that the Crown and Succession were frequently disposed and settled by Acts of Parliament . I shall need instance but in some few particulars . In the 25. of Henry the 8 th , we find the Parliament ordering the Succession , and enacting , That the Imperial Crown of this Realm shall be to King Henry the 8th , and to the Heirs of his body lawfully begotten on Queen Anne , and the heirs of the bodies of such several sons respectively , according to the course of inheritance ; and for default of such Issue , then to the sons of his body in like manner ; and upon failure of such issue , then to the Lady Elizabeth , &c. By the same Statute is every subject at full age obliged by an Oath to defend the contents of this , and the refusal made misprision of Treason . In the 28 th year of his Reign , was that Act repealed , and the Parliament entailed the Crown on the Heirs of his Body by Queen Jane , the Lady Mary and the Lady Elizabeth being both declared illegitimate , the first as the Daughter of Katharine , formerly his Brothers Wife , and divorced ; and the last as the Daughter of Anne Boleign , atainted of High Treason . And in case he died without issue , then the Parliament empower'd him by the same Act to dispose of the Succession by his own Letters patents , or his last Will. In the 35th year of his Reign the Parliament granted the Succession to Edward , and for want of Heirs of his Body , to the Lady Mary , and the Heirs of her Body ; and for want of such Heirs , to the Lady Elizabeth ; but both subject to such conditions as the King should limit by his Letters patents , or by his last Will signed by his Hand ; and if the King left no such Conditions by his Will , or under his Letters Patents , then either of them should enjoy the Imperial Crown , with the limitations only made in that Act. By these Acts we may plainly see , that the Succession of the English Crown was wholly subjected to the disposal , determinations , and limitations of Parliament . And that we may be well assured that that right lay in them , Henry the 8th was a Prince of that Wisdom and Prudence , and so far from submitting to Parliaments , that we may be very well assur'd , that he would never have complimented them with a power that was not their due . If he had thought in the least that he could have disposed of the Succession himself , no doubt but he would have challenged the Prerogative , had he had it to challenge . And as in every one of these three Acts they declared that their zeal for setling the Succession was for prevention of those mischiefs , and that bloodshed that might possibly be occasioned by future disputes ; Here 't is observed , that whilst they thus bandied the Succession so many various ways , by three several Acts in one Kings Reign , they did not so much respect the preservation of the Right Heir , as the Kingdoms safety . For had they been so passionately tender for the next of blood in that Age , as some would have us be in this , they would never have excluded the Lady Mary and Elizabeth from the Crown in one Act , or never have re-admitted them again in another . Besides , one thing is rema●kable in these Acts of Parliament , viz. The last Act of Parliament gives the Succession to those very Ladies whom the King and Parliament had before declared and recorded Illegitimate . Nay , they had proceeded so far , as to make it Treason for any man by Writing or Printing to say or declare that either the Lady Mary or the Lady Elizabeth were legitimate ; and yet afterwards these were no impediments to debar them from a Throne . And England was never more blest , than under the long and glorious Reign of that excellent Princess Elizabeth , how Illegitimate soever she had been rendered . I shall onely cite one Act more , and that is the 13 of Elizabeth , where 't is made Treason to affirm the Right of Succession of the Crown to be in any other than the Queen ; or to affirm that the Laws and Statutes made in Parliament , do not bind the Right of the Crown , and the descent , limitation , inheritance , and governance thereof . If after so plain and evident proofs of the undeniable power of Parliaments , we meet so many snarlers against the proceedings of the last , I know no excuse they can make for themselves , but by owning their Ignorance to be as great as their Impudence . If then ( which no man in his right wits can deny ) our Religion , Lives , and Liberties are only held by a Protestant Tenure , and the Majesty of England not only by the force of his Coronation-Oath , but by all the tyes whatever ought to be the pillar and bulwark of the Protestant Faith , and at the same time granting that we have a Popish Prince to inherit the Imperial Crown of England , he ought certainly in all Justice as little to ascend this Throne , as Nebuchadnezzar ought to have kept his when the immediate blast of Heaven had made him so uncapable of ruling as a King , that he was only a companion fit for brutes and savages . And if he had no injustice done him when he was thrust out into his proper Element , to feed and herd with the Beasts of the field ; a Papist Heir of England , with that perswasion and principles so destructive to the British State , has as little wrong done him in being debar'd from the Succession , as a fitter Guest for a Cloyster than a Throne . I remember Story tells us , That the Mother of Paris , the Son of King Priam , dreaming before his birth she had brought forth a Firebrand , that should one day set their Troy in flames ; immediately upon this , the afflicted King , as a true Father of his Country , notwithstanding all the compunctions of Nature , and tyes of Blood , was so far from cherishing even his own Race , and a Branch of himself , that he ordered the Infant to be brought up amongst Swains , as the Son of a Shepherd ; where divested of all his Princely Fortunes , and ignorant of his own high Blood , he should end his days in ignoble obscurity . And all this out of the prophetick horror but of a dream , that seemed to threaten the peace and safety of his Kingdom . And how much more reason has the present power of England , for effectually opposing Popery , by disinheriting a Popish Successor , when under a Popish Monarch , our Troynovant has the undeniable assurance of being put into a flame ; when Priams fear was but a Dream ? How fabulous soever this Story may appear , yet I am certain we have too much reason to esteem the Moral of it Oraculous . And surely our present greatest Sticklers for an unbroken Succession of the Crown , must of all Mankind set but a very little price upon their Countrey , and conclude our England the most inconsiderable part of Christendom , when the interest of one man shall outweigh that of Three Kingdoms , with the whole safety of Religion itself , and the Glory of God to fill up the Ballance . But indeed they are resolved to be positive ; and be the next of Blood a Papist or a Mahumetan , yet if he be born to it , let him Govern us . And truely I cannot forbear to repeat one of their commonest Arguments , and as they think strongest ; which is , If the Son of a private Gentleman , though a Papist , shall inherit and quietly possess his hereditary Estate ; is it not hard , nay barbarous Injustice , That the Son of a King , and the Heir of a Crown , should lose his Patrimony of Three Kingdoms for being a Papist ? Though this Argument , as Argumentum à Fortiori , has mighty sound in 't ; yet how feeble will it appear , when the Analogy shall be examin'd ! The Papist Gentleman that 's born to an Estate , may peaceably inherit it ; yes , and with some reason for it : For he 's a Subject of a Protestant Kingdom , and as such , has Protestant Laws to rule him . He can neither force his Neighbour or his Tenant to Mass , or imprison or burn 'em for Hereticks , nor seize their Estates as forfeited to Rome , whilst he is a Papist . His Religion is only to himself , and if he takes any violent or unlawful course to propagate his own Perswasion , he 's not so big but he may be brought into Westminster-hall to answer for it . Nay , possibly the Papist Subject under a Protestant Government , may sometimes behave himself as a more harmless and quiet Common-wealths-man , than a Protestant himself , if for no other than his own preservation , as not daring to awaken that Justice that may inflict the penal Statutes against him for his Recusancy . But how directly contrary to all this is the influence of a Romish Heir , when there is not one of all these destructive qualities ( of which a private man can ne're be guilty ) that he on the other side shall not vigorously and undoubtedly put in execution , when once the acquisition of a Crown has Enabled him for it , as we have at large discoursed before ? And if the Princely Popish Heir be disinherited , when a private Gentleman escapes , 't is not for his Religion , for that may be alike in both ; but for his uncontrolable power of establishing that Religion , which a Royal station will inevitably give him . Alas , the Protestant strength is above the fear of any little Popish Beasts of prey : It only behoves their safety , to hunt the Imperial Lyon down . If then the English Blood boils so high , and the access of a Papist to a Throne must necessarily meet a passage so difficult , with all these solid Bars between ; if his Religion were as Honourable as 't is invincible , what deathless Fame , and what eternal Trophies might a Popish Heir atchieve , if the welfare of a King and Kingdoms could so far influence him , as freely of himself to make the union of King and people a work of his own creation , by slacking the fatal strength of a too generous Brothers over-violent Friendship ; and so rendring our universal peace his inclination , and not necessity ? I remember in the old Roman History , when a long Plague had reigned in Rome , and an Earthquake had opened a prodigious Gulph in the middle of the Forum , their Consulteo Oracle told 'em , that neither the Plague should be stopt , nor the breach closed , till the most noble Victim in Rome had appeased their angry Deity . When Curtius , a Noble Youth of Rome , of the best and highest Roman quality , most princely adorn'd , and most gallantly mounted on Horseback , with a look so gay and so cheerful , more like that of a Bridegroom than a Sacrifice , amidst a thousand wondering tender eyes around him , rode headlong into the yawning pit . Thus falling , unterrified at so dreadful a precipice for his Countries deliverance , he extorted the promise of the Oracle ; for the Pestilence ceased , and the closing Earth sealed up his Grave . The voluntary resignation of a Popish Heir , would be no less a signal National service in the present exigence of England , than that of Curtius in Rome ; only 't is attended with milder circumstances . Our State , as dangerous as it is , does not require any Sanguinary Sacrifice : The Cure he might make to all our plagues , would be only the easier oblation of quitting the doubtful prospect of a remote and Craggy Throne ; and that too , to refix a shaking Crown , to regain the hearts of a whole Nation , and build himself that Pyramid of Honour , which would outshine the wearing a Diadem . Besides , let Plotting but once end , and the Pendant Sword , which like that of Damocles , hangs but by a Hair o're our Soveraigns Head , be safely sheath'd , and give Nature fair play , the little disparity of their years considered , the resigning of a Crown in all humane probability , would not appear at so much distance , and such uncertainty , altogether so extravagant an offering , especially when 't is made for a King and Brothers safety and glory , a Kingdoms peace and prosperity ; nay indeed , the whole repose of Christendom , when the concordance of the King and Parliament is the greatest means for strengthening those Forreign Alliances , that may give check to the fatal growth of France . Nay , above all this , what Immortal Glory would it bring even to the Romish Religion it self , when a Prince so immediately Allied to a Crown , shall voluntary lay aside the hopes and pretensions to a Temporal Diadem , for an Immortal one ? And how many more , at least more Hearty Converts would so transcendent an example of piety make , beyond the utmost severer influence of a Throne ? Nay , I may even without flattery say , the deed would make him so adorable , that for losing a Crown , he would almost raise himself an Altar . But Rome ( Heaven knows ) has other work in hand ; she 'll have no proselytes of that kind of Creation ; her rode of Conversion , I assure you , lies quite another way : Besides , her Champions are not made of so pure and so refin'd an Oar , their Minerals are more course , and more allay'd . Her Saints , in spight of all their Heavenly Contemplations , have still so much of Earth about them , that like the feet of Daniels Image , they are a mixture between Iron and Clay . But to sum up all ; If no reason must or shall prevail , and that right or wrong a Papist must succeed , when all the inseparable Cruelties of Pope and Popery shall surround us ; suppose the worst that may be , that the dreadful approach of certain slavery , so opposite to the free born genius of England , has exasperated them into a spirit of Rebellion ; what is it but the pestilential Air of reigning Popery , that bloats and swells them into that Contagion ? And if the Popish King summons all his Thunder to punish 'em for 't , what can the greatest favourer of Rome make more on 't , than that he warps them crooked , and then breaks 'em to pieces because they are not straight ? And what 's the whole sum of a revolting Nation under a Popish Tyrant , but using a violent cure to expel an universal poyson ? But here will some pretended pious Objectors say , How shall we dare to Revolt ? Remember we are Christians , and we must obey , or at least yield a passive obedience to our King ; be his Religion , Principles , or Government never so Tyrannick , he is still the Lords Anointed , and our native Soveraign . I would ask what this Lords Anointed is ? and who 't is is our Native Soveraign , when instead of being free Subjects , Pope and Tyranny shall rule over us , and we are made Slaves and Papists ? We are bound indeed by our Oaths of Allegiance , to a constant Loyalty to the King and his lawful Successours . Very right ; by that Oath we are bound to be his lawful Successours Loyal Subjects ; but why his Loyal Slaves ? Or how is an Arbitrary absolute Popish Tyrant , any longer a lawful Successour to a Protestant establisht and bounded Government , when lawfully succeeding to this limited Monarchy , he afterwards violently , unlawfully , and tyrannically over-runs the due bounds of power , dissolves the whole Royal constitution of the Three Free States of England , and the Subjects Petition of Right ? Whilst wholly abandoning those Reins of Government which were his lawful birthright , and making new ones of his own illegal creation , he makes us neither those Free-born Subjects we were when we took that Oath , nor himself that King we swore to be Loyal to . But alas ! that Bugbear passive obedience is a notion crept into the world , and most zealously , and perhaps as ignorantly defended . There never wanted the authority even of Holy Writ itself on all occasions to vindicate every thing ; and there 's scarce a precedent in the oldest Historick part of the Bible , that shall not by an extorted Application , be appropriated even to the duty and necessity of all ages , places , and constitutions of the world . For example , They 'll tell you that the Prophet Samuel makes this answer to the Jews that desired a King , That he would make their Sons and Daughters Slaves , and give their Fields , their Vineyards , and their Olive-yards , &c. to his Servants , and all this and much more they must expect from a King , &c. And ye shall cry out in that day , because of your King that you have chosen , and the Lord will not hear you in that day . Which was as much , as if the Prophet had said , If a King shall , as he may do this , you have no redress but to your Prayers for his conversion , and they perhaps too shall not be hear'd . He does not tell them they might revolt or rebel to redress themselves ; no , Heaven forbid he should . For what was the King they desired , but like those of the Nations about them ? And what were those Kings but Absolute ? In their own breath lay the voice of the Laws , and Sic volo sic Jubeo was a Decree or Statute ; and if they voluntarily submitted , and vowed Allegiance to a King so absolute , and so Arbitrary , as such they ought to obey him . And as they freely would run all risks of whatever might follow , it was their own choice , and Volenti non fit Injuria . Here indeed a passive obedience was due ; but what 's this to a King of England ? 'T is not here , Sic volo sic Jubeo , here 't is first sic vult populus , and then comes sic jubet Rex . Here all our Laws and Decrees by which we are govern'd , are of the peoples choice ; first made by the Subject , and then confirm'd by the King. Here a King cannot take our Sons and Daughters , or our Fields and Vineyards away , unless we please to give him them . If the Three States of England , which we suppose the whole Body of England lawfully convened in Parliament , shall submit to such an Arbitrary Majesty , to have their Magna Charta abolisht , their Religion and Liberties destroyed , and to have Popery and Arbitrary power set up , and yield to have the Right of Lords and Commons extirpated , and all devolve into the King , so that like the old Kings of Israel , he may set up Idols and molten Calves , and make us bow down and worship 'em ; if they will do all this , then indeed we are his lawful Slaves , and as such , 't is our duty to pay him an entire , undisputed obedience . I would only beg the world seriously to consider how Monarchy itself is acquired and founded , and then the duty of Subjects will be more easily discern'd . Monarchy can be acquired but Two ways . First , by the choice of the People , who frequently in the beginning of the World , out of the natural desire of Safety , for the securing a peaceful Community and Conversation , chose a Single Person to be their Head , as a proper Supream Moderator in all differences that might arise to disquiet that Community . Thus were Kings made for the people , and not the people for the King. The other acquisition of Monarchy , was by Conquest . The glory and pleasure of Reigning grew so tempting , that ( especially in later Ages ) they spur'd on Ambitious Minds to obtain that by Force , which in the Infancy of Time , and the first Original of Nations , appears to be generally the People's Choice , and not Compulsion . However , whether Choice or Compulsion , yet after possession , and the Peoples Submission , the Right of Kings is Sacred . Now Conquest is Twofold . The first sort is , where the Conquerour wholly over-runs a Nation , or People , and like those that take Towns by Storm , destroys and depopulates , kills or enslaves ; and then establishes Religion , Rights and Laws , solely at the will of the Conquerour . The other kinde is , when the vanquisht come to Capitulate before they yield , and only Surrender upon terms . Such was our last Norman Conquest , when the Inhabitants of Kent , and the Bishops of London upon a Parley , prevailed with him ( as our Records attest ) to confirm their Customs and Rights , establish'd and granted them by Edward the Confessour ; whilst the Lenity of the Conquerour , contenting himself with no larger a Prerogative than their last Saxon King had possest before him , submitted to make their own Native Common Laws of England the Standard of his Justice , and the continuation of their Antient Priviledges the Cement of their new Allegiance . In this milde Channel ran the English Monarchy , till in the Reign of Henry the Third , the Magna Charta was Confirm'd ; which indeed was but a Monumental Register of the Liberties and Immunities of Englishmen , enjoyed before ( tho' not so fixt ) in their pious Edward's Reign . In this state has the Majesty of England , the Dignity of Parliaments , and the Liberty of the People ( bating their former Servility to Rome ) continued ever since . And if now at last Popery must and shall come in , ( as by Law it cannot ) and consequently must be restored by Arbitrary Power : If a new Monarchy , then a new Conquest ; and if a Conquest , Heaven forbid we should be subdued like less than Englishmen ; or debar'd the Common Right of all Nations , which is , to resist and repel an Invader if we can . But to sum up all this , I must say , the most vehement Disputants against the Peoples Right of defending themselves , must at least acknowledge thus much , that whenever a Popish King shall by Tyranny establish the Pope's Jurisdiction in England , undoubtedly in the Eye of God he is guilty of a greater Sin , than that people can be , that with open Arms oppose that Tyranny . For by introducing Popery by Tyranny , by one unjust Power he establishes another as unjust ; and by one ill , defends a worse : Whereas the People of England , in taking Arms against that Tyranny , defend a just Right , viz. their Religion , Lives and Liberties . Thus when a Popish Monarch shall subvert all Right , and violate all Laws , till oppressing a wretched Nation , more like a Lupus Agri than Pater Patriae , he so wholly perverts the Duty of his great Office , and defaces in himself the nearest Image of a Deity , by so falsly representing his Vice-gerent : Imagine on the other side , a persecuted deplorable People , even abandon'd by God , and so exasperated by Injustice , till they struggle against the Yoak , and the Horrour of this Gorgon in spight of all their Native Duty , has hardned 'em into disobedience , and then what can a poor Nation expect but Vengeance and Destruction ? If this be our Rod of Iron , this the King ordain'd to Rule over us , What signifies all our long pudder about a Plot ? Give the Papists that point , and allow them all they dare ask , that there neither is nor has been any Popish Plot : That the Evidence are perjur'd , and that Coleman's Letters , Godfrey's Murder , and Bedlow's dying Attestations , &c. are nothing to the purpose : Grant this and twice as much more , yet allowing at the same time , that Providence has decreed us a Papist and a Bigot for a King ; no matter then for Plotters , Jesuits , or Russians : The very essence of a Popish Successor is the greatest Plot upon England since the Creation . A Plot of God himself to scourge a Nation , and make three Kingdoms miserable . As for the other Plot , what was it but a secret Confederacy between a handful of feeble Villains , the Limbs of the Roman Hydra ? But , alas ! With all their Designs they were but Men , and as such we have seen them both detected and defeated ▪ But if we are predestined for a Romish Government , that 's a Plot indeed , a Designe form'd by the irresistible Decrees of Heaven , either for our Sins , or what cause to it self best known , to lay a groaning Country in ruine . Nay the Ruine is so universal , we must give it no bounds . For upon the Supposition of a Popish Heir , we must not conclude that 't is only the poor distressed Protestants that shall feel the smart , and stand the mark of Slavery and Martyrdom . A Popish King has that pestilential Influence , that he blasts even the very party he smiles upon , and entails a Curse upon his dearest darling Favourites . As for Instance , if after this King's Reign , steps up a Protestant Prince ( for surely the whole Royal Blood must not all follow his Apostacy , and degenerate in secula seculorum ) then what becomes of the Popish Interest in the next Generation , and all that flourishing party , whom either the Witchcrafts of Rome , or the Contagion of Regis ad exemplum has nurst up for mine ? 'T is the greatest toyl of the next King's Reign , to make those severer Statutes for future Ages , to suppress the Insolencies and Follies of the past ; whilst those very Idols , that were Saints but yesterday , are now crusht and dasht to pieces . Thus a Popish King undoes at once the Heretick party in his own Reign , and the Roman Catholick in the next : And then who is it , that he either does or can make happy ? Why nothing but an Atheist , he that believes there is no God , and so makes the name of the most fashionable Religion , the Bawd to his Pleasures and Preferments ; or at best that Latitudinarian Believer , that can kneel to a Crucifix to day , and burn it to morrow . This and this onely Principle , can be safe under a Papist ; and these are the only men that in their right wits ought to be unconcern'd at the danger of a Popish Successour . FINIS . 
A42371	----	Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ... Gardiner, Ralph, b. 1625. 1655 Approx. 436 KB of XML-encoded text transcribed from 111 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A42371 Wing G230 ESTC R3695 12268641 ocm 12268641 58145 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42371) Transcribed from: (Early English Books Online ; image set 58145) Images scanned from microfilm: (Early English books, 1641-1700 ; 628:1) Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ... Gardiner, Ralph, b. 1625. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Coal trade -- England. Queens -- Great Britain -- Portraits. Newcastle upon Tyne (England) -- History. Great Britain -- Kings and rulers -- Portraits. 2007-01 TCP Assigned for keying and markup 2007-01 Aptara Keyed and coded from ProQuest page images 2007-02 Emma (Leeson) Huber Sampled and proofread 2007-02 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Englands Grievance DISCOVERED , In relation to the COAL-TRADE : WITH The Map of the River of TINE , and Situation of the Town and Corporation of NEWCASTLE . THE Tyrannical oppression of those Magistrates , their Charters and Grants ; the several Tryals , Depositions , and Judgements obtained against them ; WITH A Breviate of several Statutes proving repugnant to their Actings ; With Proposals for reducing the excessive Rates of Coals for the future ; And the rise of their Grants , appearing in this Book . By Ralph Gardiner of Chriton in the County of Northumberland , Gent. London Printed for R. Ibbitson , in Smith-field , and P. Stent at the White horse in Giltspur street , without New-gate , 1655. For his Highness Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , &c. May it please your Highness , THe Nation finding your fatherly care over them , in the well ordering and governing according to the Laws , Statutes , and Customs , endeavoring peace , causing Justice and Law to be equally administred , have cause , and do bless God for the same . Upon serions consideration whereof , I shall not dare or presume to use Arguments to induce your Highnes to lend an ear to hear the Nations grievance , or what may be presented for its good ; but do humbly present herein , some collections of Records , taken out of most Judicatures , concerning the abuse of the Coal-Trade , the Burrough and Corporation of Newcastle upon Tine , its Charters , Evidences and Depositions , proving thereby general wrongs , and insupportable burdens , viz. First , Forcing people to lose their lives , others to swear against themselves , others to cut purses in their Courts for gain , and all to themselves ; illegal and false arrests , and Imprisonments , refusers of Bail , and disobeyers of Habeas Corpuses ; great and usual Impositions and arbitrary Fines ; contemners of your Law , Judges , Jurors , and Witnesses in their own causes ; converting all Fines , Felons Goods , and Wrecks , to their own use ; destroyers of that famous River of Tine , forcing ships and boats to sink , and imprisoning those that dare to succor them ; Ingrossers of all Coals , and other commodities , into their own hands , from the Inheritors , by Patent , with other irresistable Oppressions , like to the Spanish Inqusition , and practice of the High Commission , and Star-Chamber , being put in execution at this day in that Town by command of the Magistrates and other their Officers . And what they cannot do by force of their Charter amongst themselves , against any private person opposing , then by Combination ruin them at Law , by their Delatory Plea , and out-pursing them , to the high dishonor of God , and your Highness , and tending to the peoples undoing . Humbly beseeches , for the glory of God , the fame of your Law , the contentment of the free people of England , the preservation of Trade and Navigation , and increase of your publique Revenue , II. That no confirmation bee of that Towre of Newcastle upon Tines Charters , or usurped powers , but that a speedy remedy be had , either by Quo wa●ranto or otherwise , and their Magistrates may suffer according to their offences . III. That no Arrests be made in that Town , except by process from above , or under forty shillings , by reason they understand not the Law , and commonly their Judges will master Reason . IV. That Commissioners of Sewers in Northumberland , and County of Durham , be forthwith impowred for the preservation of that River , otherwise it will be quite choaked up , and thereby no Coals to be got but at excessive Rates . V. That an Ad quod damnum be granted for a Market at Shields , which will prevent the loss of many a poor souls life for the future . VI. Or that a revival of that never to be forgotten Statute 11. Ri. 2. Cap. 7. for a free Trade to all , which voided all Monopolies and Charters , as being the greatest grievance in a Commonwealth , &c. It will not onely make this your Nation equivalent with Venice , Holland , and other free rich States , in riches , but preserve Timber , and reduce Coals under 20 s. the Chalder all the year at London , but also augment to your publique Revenue above 40000. l. per an . in that very Port of the River of Tine . VII . That your Royal protection be granted to such who prosecute a cause in behalf of your Highness , from the hand of violence , during the time of their prosecution . That the Clause in the 21. K. James , chap. 3. viz. for all informations upon penal Statutes to be prosecuted in the respective Counties , be voyd , by reason the Judges , alias Sheriffs , are the offenders , and no right can be got against them ; the honorable Judges of both Benches hands being tyed up , for want of an Appeal , obstructed by the aforesaid Statute . VIII . If their Charters and illegal Privileges be confirmed , undoubtedly it will sacrifice the Peace of your Nation , lessen your Interest with the Free-born , weaken your Power , loose the bonds of a quiet Government , extirpate the pure Laws , and advance disorder and confusion ; it being humbly conceived , this happy change of Government voids their Charters , ( they being no Laws , but meerly Prerogatives ) to Englands comfort . IX . That Sheriffs and their Substitutes may be liable to the punishment of Perjury for breach of their Oath in denying Bail to such as are capable , for not returning Writ● of Habeas corpus , and other their false Returns , as others in other natures . X. And that a Law be created for death to such that shall commit Perjury , Forgery , or accept of Bribery . XI . All which are laid at Your Highness and Councils feet , to do as God shall direct , for the relief of the oppressed . Ever subscribing my self a Servant to your Highness and the publique , RALPH GARDINER . To the Reader . Courteous Reader , I Set not out the Map of the River of Tine for ships to steer their course by ; but for a Demonstration to such Judges as may be appointed Regulators of the great abuses done thereunto : nor the Effigies in my Book for other Corporations to act the like by ; but that the irregular proceedings therein , and cruelty of this Corporation of Newcastle , may the plainer appear , not onely to his Highness , and Council , Parlament , Admiral , Army , Judges , Gentry , but also to the commonalty of the Nation , that they may expel out of their thoughts such tyranny as is there enacted by Charter-Law , being nothing more of my labours and pains than what I am bound in Duty and Conscience for the relief of the oppressed , resolving with Gods assistance to continue so doing , to the uttermost of my power . Probably I may have omitted some circumstances relating , yet am I confident nothing comprehended but the naked truth , and what omissions are in this , in my next will appear ( if I miscarry not by an unknown hand . ) I doubt not but some person may answer this i● Print , or require further satisfaction therein , I am ready to receive the one , and declare the other ; but well I know , the truth hereof cannot be disproved ; Such may ( if they please ) whose natural dialect is detraction apt to stain and sting with calumny and slander , sooner than make a just defence to joyn issue upon , to stand and fall by ( as I am by this ) challenging any to brand me with the least of injustice I ever did them , being ready with my fortune to make good what I prosecute . The thing I aim at , is a right understanding between the free and unfree men of England ; a perfect love , every one injoying their own , and to be governed under our known and wholesome Laws , as also an obedience thereunto , and not by a hidden Prerogative , alias Charters . It being a wonder there dare be such presumption in this Corporation , to exercise such insolencies , which were the greatest obstructors of our Nations Liberties , by garisoning that Town . The Mayor , Aldermen and Recorder , with the Burgesses and others , against the free-born of England , which prohibited all Trade from the 9th . day of January , 1642. to the 14th . of November 1644 ▪ in that Port , which caused Coals to be four pound the Chaldron , and Salt four pound the weigh , the poor Inhabitants forced to flie the Country , others to quarter all Armies upon free Quarter , heavy Taxes to them all , both English , Scots and Garisons . Plundered of all they had , Land lying waste , Coal-pits drowned , Salt-works broken down , Hay and Corn burnt , Town pulled down , mens wives carried away by the unsatiable Scots , and abused . All being occasioned by that Corporations disaffection . And yet to tyrannize , as is hereafter mentioned , I appeal to God and the World. Ralph Gardner , Charter-Law with its Practice discovered ▪ CHAP. I. Newcastle upon Tynes Patron . King John surnamed without land Raigned 17 Yeres and 7 monethes ▪ died ●9 dai● of october ▪ 121● . Was buried att Worcester in the 51. Yere of his age ▪ ( A ) KIng John who usurped the Crown of England , was ( only for formalities sake ) sworn by a Bishop , who being demanded the reason why he did so , said , that by the gift of Prophecy , certified , that at some time King John would take the Crown and Realm of England , and bring all to ruin and confusion , he pretending the King his Brother was dead in the time of his being absent beyond Sea ; being the first Author of Charters ( for gain ) and people like himself , for lucre of gain sold their Birth-right , to become Bodies Corporate , and oppressors of the free-born people of England : For before Charters were , all the Free-holders of England were free to make Laws for the good of the Nation ; but Corporations being subordinate to such Laws as he by his Prerogative gave them , being repugnant to the known fundamental Laws of England . In the first year of his reign dreadful tempestuous weathers by rains , that the grounds were so spoiled , that whereas corn was sold for one shilling the Boule , in King Henry the seconds daies , then cost 13 shillings the Boule ; also an abundance of fish found dead upon the Land by the corruption of the waters , no hay could be mowed , and hale as big as hens eggs . ( B ) He was an Usurper , a Tyrant , a bloody person , a Murderer , a perjured person , a covetous person , a demolisher of famous Towns with fire , and a seller of Englands Supremacy to the Pope * , whose reign was oppressive , and end shame . For further satisfaction I refer you to his true History , I shall onely give a brief of some passages in his reign . He made a Law that all Jews that would not turn Christians should pay a certain great sum of money or be imprisoned , and when they did turn , they they should have their money again , a young Merchant paid 60 l. to continue a Jew , and after turned to be a Christian , then he demanded his money from the King , but he being unwilling to part with money , demanded what reason he had to turn , and sent for his Father and Mother to dis-swade him and to perswade him to change again to be a Jew . ( C ) He gave command that all the Jews in England and Wales to be forthwith imprisoned , men , women , and children , by reason they turned so fast to be of his Religion , and then seized on all their riches to satisfie his covetous disposition , and such as would not confess where their money was , pulled out their teeth and eies , and then took the thirteenth part of all estates moveable , to war against the Earls of Marsh , who desired him to forbear , but he would not , for which they dispossessed him of all his Lands in France , &c. He having little love , to his Wife Izabel the Queen , was divorced , pretending she was too near of K●n to him , and so took another . ( D ) He murthered Duke Arthur Earl of Brittan his eldest Brothers Son , being Heir to the Crown , in the Castle of Roan in France , and chased William de Branes out of England , and caused his wife and children to be starved to death in Winsor Castle . He dis-inherited many of the Nobility without Judgement of the Law , and put to death Ramp Earl of Chester for reproving him for lying with his Brothers Wife , and reproached others of his Nobles , telling them how often he had defiled their beds , and defloured their Daughters . ( E ) He granted to the City of London their Charter , and Letters Pattents to chuse their Mayor yeerly in the tenth year , 1210 , who governs well , &c. ( F ) He removed the Exchequer from London to Northampton , and got a great Army to go against the King of Scots , but the King of Scots met him and did him homage , and gave him his two Daughters as pledges , and Eleven thousand Scotch Marks , and upon his return took homage of the Free-holders of England , and sware them to his allegiance , all above 11 years of age . ( G ) He made oath to be obedient to the Pope of Rome by name Innocentius , to Randolphe his B●ll , who went with his Nobles to Dover where he met with the said Popes Bull , and there resigned the Crown with the Realm of England and Ireland into the Popes hand , See his Oath in chap. 59. ( B ) : Upon which the Bishops who he had banished , returned to England by leave from the Pope . King John met them and fell flat upon his face on the ground , and asked them forgiveness , melting bitterly into tears , &c. ( H ) He grants the very next year after his power was given to the Pope , unto the Town of Newcastle upon Tyne , Letters Pattents to be a Corporation , and to hold the said Town in Fee-farm at the rent of 100 l. per annum , as by the said recited Letters Pattents in the second Chapter more at large appears An. 1213. ( Surely this Charter is not good by Law , &c. ) ( I ) He was the cause of firing the chief Town in Northumberland called Morpeth , and caused many more Towns in England and Wales to be burnt . The Barons of England being armed , demanded of him the Laws and Liberties granted by King Edward the Confessor , vulgarly called St. Edward , he desired respite till Easter , and gave Sureties to perform them . ( K ) He met with the Barons of England in Running Meadow , between Winsor and Stains upon the 16 of June , granted under his hand to them the Liberties of England , without any difficulty , and the whole Realm was sworn thereunto : And soon after subtlely and privately sends to the Pope and other Nations for Armies to make void those Charters and Liberties granted to the Barons , and to subdue England , and promised them great rewards , Forty thousand Souldiers that were to have Norfolk and Suffolk to conquer England for King John were all cast away on the Sea. The Pope sends in great strength , who landed at Dover , and destroyed many Towns by fire ; and with the sword slew many thousands of people , the Pope excommunicating the Barons particularly by their names , great subversion and dissolution thereupon fell , laying all Hedges and Ditches level , tormenting the Barons , with their wives , &c. ( L ) The Barons were necessitated to send for Lewis , Son to the King of France , for to come with an Army to joyn with them to conquer King John , whose cruelties were intollerable , which was done , and King John overthrown , and forced to flee towards Lin ; being poysoned by a Monk at Swinsted ( the reason he gave was , that if he had lived half a year longer , a half penny loaf would cost 20 s. ) he died , and was buried at Worcester , and King Henry the third , Son to King John of nine years of age , was crowned at Glocester , &c. ( M ) The reason of King John his granting Charters in England , and making Corporations , was for that he had but little land , to raise great Rents from them , and to assist him with strength by out-voting the Knights of ( M ) the Shires , as is hereafter exprest ; For all Free-holders of England that had forty shillings a yeer , met two times a yeer at Sessions Meadows neer Rockingham Castle in Northampton-shire , and there made such Laws as the Nation was governed by , and confirmed by the King. ( N ) King John resolving to have Monies and Aid of men to go to Normandy to conquer them , could not conveniently motion it , by reason of the numerousnesse of the Free-holders , but made a speech to them , that he had contrived a very ●it and convenient way for the making Laws for the good of the whole Nation , which was , that by reason he conceived it a great trouble , for all them to come so far for that purpose , onely to make Laws , that they would chuse two Knights of every Shire and County in England and Wales , and give to them the full power of the Nation , and then the said Knights to come and fit with him in Parliament at Westminster , and also to allow them four shillings a day , out of the County stock , which more plainly appears in the Statute of 35. Hen. 8. Ch. 11. Knights to have 4 s. per diem , and Burgesses 2 s. per diem . ( O ) King John when he had got the hundred and four Knights in Parliament , they having the full power of the Nation from the Free-holders , immediately required from them great Subsidies , and Armies to go for Normandy , to recover such Lands as he had lost . ( P ) The Knights answered , they onely were intrusted to make Laws , and not to taxe the Free-holders , who had intrusted them , and not to raise Armies , and that by so doing , they could not discharge the trust reposed in them . ( Q ) The King finding his expectation frustrated , having nothing doubted , but to have wrought his design on so small a number ( Mastered his passion , and not long after acquainted the Knights , that he was sorry for the great burden which lay upon them for making Laws , being for a publick , and that they were too few in number , and that he had found out a way how to ease them , and bring in a great revenew to free the Nation from impositions . ( R ) Which was , that he resolved to Incorporate all the great Towns in England and Wales , and depute Magistrates to govern as his Lieutenants , and every Corporation should hold their Town in Fee-Farm from him and his heirs at a certain Rent , some more , others lesse , according to the quality , &c. ( S ) Also that every Corporation should chuse two Burgesses to ●it , and vote with them in Parliament , they knowing the state of every County , and the Burgesses of the Corporation ( by which means the Burgesses being more in number then the Knights might out-vote them , and vote for him ) the Knights medled not therein at all , but were out-voted by these Vassals and Tenants to the King , they granting to him what ever he demanded , or else must forfeit their Charters : And he granted to them what ever they demanded &c. ( T ) The Free-holders of England were represented in Parliament by their Knights in their Election ; And if the Burgesses were Free-holders , then represented in the same Knights . ( V ) But if the Burgesses were no Free-holders , then no power in England to make Laws , or to ●it in Parliament to out-vote the true Representative , which are the Knights , especially representing no body further then the will of the King , who was onely to confirm Laws , but not to make them . King John had four considerations in making great Towns Corporations : 1 To assume ● Prerogative . 2 To raise vast sums of Mony. 3 To divide the Nation . 4 To enslave bodies Corporate by being his Vassals and Slaves . Charters are no Laws , and nothing is binding that is not lawful , no Laws are made but by Parliament , read Stat. 2. Edw. 3. 8. CHAP. II. Newcastles first Charter . ( A ) KIng John by his Letters Pattents dated the day of in the fourteenth yeer of his Reign , and in the Yeer of our Lord , 1213. Granted , Demised , and Confirmed to the honest men of the Newcastle upon Tyne , and to their Heirs , his Town of Newcastle upon Tyne , with all the Appurtenances , to Fee-farm , for one hundred pounds , to be ●endred to the said King and his Heirs , at his Exchequer ( to wit ) at the Feast of Ea●ter fifty pounds , and at the Feast of St. Michael other fifty pounds , saving to the said King the Rents , Prizes , and Assizes in the Port of the said Town . Further he grants to them , and confirmeth one hundred and ten shillings and six pence of Rent , which they have by the gift of the said King in the said Town , of Escheats , to be divided and assigned to them , who lost their Rents by occasion of a Ditch or Trench , and of the new work made under the Castle towards the River or Water , so that thereof they might have the more , that lost the more , and they that lost the lesse , should have the lesse . He also granted to them , for him and his Heirs , that in nothing they should be answerable to the Sheriffe , nor to the Constable , for those things which belong to them , as the said Charter testifieth . Wherefore he willeth and firmly commandeth , that the said men , and their Heirs may have and hold the same Town with its Appurtenances to Fee-farm , for the said hundred pounds yeerly to be paid , as is aforesaid , well , and in peace , freely , quietly , and intirely , with all Liberties and free Customes , which they were wont to have in the time of King Henry the 2. Father of the said King John as by the said Letters Pattents appeareth . The said King John was the cause of burning Morpeth the chief Town in Northumberland , and many more Towns in Wales , because of the enmity between him and the family of the Bruces , who originally were planted in Wales . Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne , cannot be valid in Law , because in the fourteenth year of his Reign , he subjected himself to be a Vassal to the Pope of Rome , as is aforesaid , and for many other reasons mentioned in the said Charter it self , considered in themselves . In this Charter of King John that he grants to the honest men of Newcastle upon Tyne , he mentions not the Port of the River of Tyne , from Sparhawk at Tinmouth-Bar upon the Sea , to Hadwyn streams above Newburn in Northumberland ; neither is there so much as one syllable , whereby the said King grants to them the two third parts of the said River , or any of the Fishing between the said places , &c. CHAP. III. ( A ) KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter , which was done upon the second day of July in the year of our Lord , 1234. the said King Henry did not inlarge their jurisdiction at all , but onely grants them the Charter in the very same words as King John had in his Charter granted . ( B ) King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign , upon the good men of Newcastles supplication , thought it fit to give them Licence to dig Coals , and Stones , in the common Soil of that Town , without the walls thereof , in the place called Castle-field , and the Frith ; and from thence to draw and convert them unto their own profit , in aid of their said Fee-farm Rent of a 100 ● . per Annum , and the same as often as it should seem good unto them ; the same to endure during his pleasure , which said Letters Pattents were granted upon payment of twenty shillings into the Hamper , nothing more was given , neither Lands , &c. but only to work the Coals , during pleasure , for their own use . ( C ) King Henry the Third , was petitioned again by the same honest men , for so they were called by King Johns Charters ( probi homines : ) That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former , the better to enable them to pay their Fee-farm Rent , which also was granted , paying forty shillings per Annum into the Hamper upon the eleventh of May , in the one and thirtieth yeer of his Reign . All which Coals and Stones , have , do , and will amount to many thousands of pounds , yet no land above the said Coals , was granted unto them . CHAP. IV. ( A ) KIng Edward the First , in the Nineteenth yeer of his Reign , was supplicated by the good men of Newcastle , to grant them a sum of money , and a Licence for the building of a Wall round the Town ( on which Wall one of the Mayors of Newcastle was hanged ) as by the Record of the Registery appears , That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands . And for such Lords as held any Fishings on the South-side of the said River of Tyne , which went to the Mid-stream , they were meer intruders of one sixt part more then was their own , for whereas they were to have had but one third part , they claimed half . ( B ) And that this King gave Licence to build a Wall about the Town of Newcastle , and gave mony towards this wall , which was not bestowed . ( C ) And that divers purpreslures were then incroached upon , by the good men of the Town of Newcastle , upon the Moat of the Newcastle built by William Rufus adjoyning thereunto . And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery , whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle , they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them , as by the said Record more at large appears , &c. CHAP. V. THe said King Edward the Third , by his Letters Pattents dated at Westminster , the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters , with an addition of his own , that he for himself , and his Heirs , Granted , Demised , and Confirmed unto his honest men of the Town of the Newcastle upon Tyne , his Town of Newcastle before called Manchester , with all its Appurtenances for a hundred pound per Annum to be paid to the said King , and his Heirs , &c. Which he the said King confirms to the said men , and Burgesses , and to their Heirs for ever . And because on the behalf of the said Burgesses of the said Town , it was humbly supplicated to the said King , That whereas the said Moore and Lands called Castle-fields , and Castle-moor on the North-side of the said Town of Newcastle , from a certain place called Ingler Dike , &c. as the same are butted and bounded , &c. even to the said Town of Newcastle , are the lands and soil of the said Town of Newcastle belonging to the same , beyond memory ; with all profits coming of the said Lands , Moor , and Soil , as by an Inquisition thereof taken , and returned into the Chancery appeareth . And albeit the said Burgesses , and their Predecessors from the time they have had the said Town to farm , they have held the said Moor and Land , as though it were appertaining to the said Town , and have alwayes hitherto peaceably , and quietly had , and reaped all the profits coming of the said Moor and Lands , yet the said Burgesses ( now they are turned from honest men , to Burgesses , the next will be to — ) For that there is no mention made of the said Moor and Lands ( albeit they be of the Appurtenances of the said Town ) do fear that they may be impeached afterwards , and for that the said Town , as well by reason of the last Pestilence at that time , as by the hazards of Wars , and divers other adversities , was so impoverished , and destitute of men , that the profits of the said Town sufficed not for the payment of the said Farm ( as they then pretended . ) The said King being willing to provide for their indempnity in that behalf , and for him , and his Heirs granted , that they and their Heirs might have and hold the same Moor and Soil , as if it were appertaining to the said Town , with all profits out of the same , &c. And that they the said Burgesses , and their Heirs in the said Moor and Lands , may dig , and may have Coal , Slai● , and St●ne there ; and from thence may draw them , and may make their profit of the said Coals , Slait , and Stones ▪ and other profits coming out of the said Moor and Lands , in aid of the payment of their said Fee-farm , without impeachment , &c. As by the said Letters Pattents ( made by the King himself , and his Council , and by the Fine of forty shillings paid in the Hamper ) more at large appeareth . By these last mentioned Letters Pattents the Burgesses of Newcastle , can challenge no title in the said Castle-moor and Castle-field , because the said Letters Pattents are contrary in themselves . This is the first claim the said Burgesses lay to the Castle-moor , being a quantity of eight hundred and fifty Acres of ground , besides Pasture for all their Kine , and Coals for all their Fuel , which are gotten upon the said Castle-moor . CHAP. VI. KIng Richard the Second , by his Charter dated the ninth day of April in the first year of his Reign , 1378. confirms all the former Charters , and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals , Slait , and Stone in Castle-field , and Castle-moor , but doth not grant the ( Land ) onely the Coals , Slait and Stone , for the Towns best advantage . CHAP. VII . KIng Henry the Fourth , being humbly petitioned by the Burgesses of Newcastle , that his Highnesse would be graciously pleased , to divide the Town and Corporation from the County of Northumberland , and to grant them a Sheriffe , with more Liberties and Immunities which was granted , that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland , and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London , 7. Ed. 6. 10. 1. Mary . 3. This was a preparative for the Town of Gates-head , &c. CHAP. VIII . ( A ) QUeen Elizabeth obtained a Lease from the late Bishop of Durham , dated the 26. of April in the 24. year of her Reign , 1582. of all the whole Mannors of Gates-head and Wickham , and all the Coal-pits , and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid , and in all the common Wasts , and Parks belonging to the said Mannors at the Rent of ninety pounds , per Annum , or thereabouts , for ninety nine yeers , which the Earle of Leicester procured from the said Queen , and sold , or gave the same to Sutton of the Charter-house , who for twelve thousand pounds , as is reported , sold the same to the Mayor and Burgesses of Newcastle , * but when he understood the yearly value , which was worth at least fifty thousand pounds per Annum , attested by Doctor Cradock , sometimes Arch-deacon of Northumberland deceased , this Lease being called the Grand Lease , was granted to Sir William Readal , and others for the use of the Mayor and Burgesses , and free honest men , and expires the 26. of April , which shall be in the year of our Lord , 1681. as appears in the 11. Chap. ( I ) 7. Edw. 6. 10. CHAP. IX . ( A ) QUeen Elizabeth requires the great Arrear of two pence per Chaldron , which was granted to King Henry the Fifth , as Custome by the Parliament , as appears by that Statute , Chapter the tenth , ninth yeer , which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together , insomuch as they were not able to pay the same , but humbly beseeched those Arrears may be forgiven , by reason of their inability : And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free * Host-men , for the selling and vending of all Coals to shipping . And in consideration thereof , they would pay to her Majesty , and her successors twelve pence for every Chalder , exported from thenceforth to the free people of this Nation . The Queen conceiving that twelve pence upon every Chalder would be better for the future , and well paid , would rise to a greater Revenew then the two pence so long in arrear could endamage , which was granted upon condition specified in that Grant , remaining in the Exchequer , with many seals to it ; That they should sell all Coals to Masters of Ships ; At this day the Fitters reckon with the Masters for so much a Chalder , as eleven shillings for so many as is conceived to be aboard the Ship , and then he goeth with the Master to reckon , which the said Masters payes the one shilling per Chalder Custome , being allowed in his hand , the Master conceives he doth not pay it further then being left in his hand by the Fitter ; but if the Masters will look upon that Lease , they will find they are to have the best Coals for ten shillings , and the worst for nine shillings the Chaldron at most , and now they pay eleven shillings , by which means the one shilling per Chaldron is paid by the Master , and not by the Host man , and so falls upon the whole Nations back . I refer you further to the Lease , for if the Master buy dear , he must needs sell dear . ( B ) By the same fallacy they wronged the King of his Customes , 9. Hen. 5. 10. which plainly appears in that Statute , if you please to read it , the same , they have to cheat the Queen and her Successors for the twelve pence per Chaldron . CHAP. X. ( A ) QUeen Elizabeth being humbly intreated by the Mayor , and Burgesses of Newcastle , that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction , and of Admiralty in that Port ( to wit ) between Sparhawk in the Sea , and Hadwyn streams , being fourteen miles in length , for the advance of the estate of that Town , which also was granted as follows . ( B ) The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign , touching the Office of the High Admiralty of the River of Tyne , and Port of Newcastle , grants the Reversion to the Mayor and Burgesses of Newcastle , by reason it was granted under the Great Seal of England , bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham , amongst other things , in his said Pattent in the Office of Lord High Admiral of England , &c. for life , who out-lived the Queen , and dyed 26. January in the sixteenth year of King James , the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth , which if they had , was extinguished upon the Queens grant to the High Admiral , &c. And by this grant of hers to Newcastle , she onely grants what is in her to grant , which is onely the Reversion after the surrender , forfeiture , or death of the aforesaid Lord High Admiral , but she dying before the Lord High Admiral , it is conceived her grant is void . And it was never since confirmed by any other to the said Mayor and Burgesses ; for King James upon the 28 of June in the sixteenth year of his Reign , two dayes after the Lord High Admiral died . The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham , so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle . ( C ) The said Corporation humbly beseecheth her Grace , to increase , inrich , inlarge , and establish ( as much as in her lay ) their Authorities and Jurisdiction in Sea-businesses , with larger Priviledges , Exemptions , Liberties , and Immunities , and those being called by various names , to establish into a certain Body , and reduce and create the Name of the Incorporation , upon which Petition , the Queen made the Town and Corporation of Newcastle a free Town , in these words . ( D ) That the Burgesses and Inhabitants of the said Town from henceforward for ever , shal be one body Corporated , or body Politick , in substance , Fact , and name , by name of a Mayor and Burgesses . And that by that name , they may have perpetual succession . And persons able in Law , capable to have , purchase , receive , and possesse , Lands , * Tenements , Liberties , Jurisdictions , Franchises , and Hereditaments of what kind , nature , or form soever they shall be , to them and their Successors in Fee and perpetuity . And to assign them over by the name aforesaid . And by the same name to implead or sue , and be sued , answer , or to be answered , defend , or be defended in any Court of Record . ( E ) And to have a common Seal for their causes and businesses , and to break and change the same at their pleasure . ( F ) Likewise , she confirms by the said Charter to the said Mayor and Burgesses , and their Succesors , that they onely of the said Town with its Members and Appurtenances , and also that they may have all the same Customes , Liberties , Priviledges , Franchises , Immunities , Exemptions , Q●ittances and Jurisdictions , how many , and how much soever hath been granted by former Kings , by what name or names soever , or by what pretence they have or do enjoy , or claim the same . To have and to hold , and to be holden of the said Queen in Fee-farm , &c. ( G ) Also grants by the said Charter unto the Mayor and Burgesses and their Successors , full authority , power , and faculty of Mittigamus , constituting , ordaining , making , and establishing from time to time such Laws , * institute Judgements , Ordinances and Constitutions according to their sound discretion , being good , wholesome , and necessary for the publick good and weal , and common profit , and good rule of the said Town . ( H ) The Mayor and Burgesses , have power hereby to inflict punishments , pains , penalties , and imprisonments * of bodies , ( and by Fines , or Amerciaments , may levy , and have to them , and their Successors without calumny or impeachment ) requiring all persons to yeeld obedience to such Laws , &c. Provided those Laws , Ordinances , Institutions , and such like Customes , be not repugnant to the Laws and Statutes of England . ( I ) Also that the Grants , which the said Town of Newcastle , and the Circuits , Precincts , and Jurisdictions thereof , to stand as well in breadth , as length , as well by land , as by water , as was accustomed before the memory of man , as they were wont to extend themselves , and in the River of Tyne , from a place called Sparhawk in the Sea , to Headwin streams , seven miles above Newcastle-bridge . And to pull down all walls , hedges , and blocks offensive , &c. ( K ) And further , by the said Letters Pattents , the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same , Letters Pattents of the same High Admiral of England , by death , forfeiture , surrender , or other means , to become void for ever . And may have and hold within the said Town one Court of Admiralty of Record , every Munday throughout the year . In which Court , the Mayor , or Recorder to be one : And to begin upon the vacancy of the said Office , to hold by plaint in the same Court to be levied , all , and all manner of Pleas , Suits , Plaints , and Demands . For which Debts , Contracts , Covenants , Trespasses and Deceits , Matters , and Offences whatsoever to the said Court of Admiralty belonging , and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England , and other Legal wayes and means , whereby the truth may the better be known with power of any temporall constraint * or mulct , or any other pain according to the Laws and Customes , of the said late Queens Court of Admiralty of England , to be compelled , or to do , and administer Judgement , the order of Law being kept . ( L ) And likewise she ordains Justices of the Peace , to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water , or upon the Sea. And the thirteenth of Edward the first , the five and fortieth of Edward the third ; the thirteenth of Richard the second , and seventh of Henry the fourth , and Henry the sixth , the four and thirtieth of Henry the eighth , and the fifth and sixth of Edward the sixth Statutes at Westminster , against Regrators , Fore-stallers , and Ingrocers , to enquire after such offenders against the Laws and Statutes aforesaid , to hear and determine such like Indictments and Punishments . ( M ) That the Sergeant at Mace , all Juries , Pannels , Inquisitions , Attatchments , Precepts , Mandates , Warrants , Judgements , Sentences , Processes , or other things whatsoever to do , for the dispatching thereof . ( N ) The Queen gives further power unto the Mayor , to choose all Officers in the said Court whatsoever , to remove , and expell them as they shall see cause , according to Law and Equity . ( O ) That the Mayor , Recorder , and Aldermen , three , or more of them , whereof the Mayor , or Recorder to be one of them , may have for every acknowledgement of al and singular such like Pleas , Plaints , Suits , and Demands of Debts , and other Sea-businesses and offences , and also disseizing of all wrecks * at Sea or Port , happening , and of the death , drowning and viewing of all dead bodies of what persons soever , which in the said Town and Port howsoever slain or drowned , or to be slain , drowned , or murthered , or brought to death by any other means . ( P ) Also the custody and conservation of the Statutes , the wreck at Sea , and of the Office of Coronors * in the third and fourth year of King Edward the first , and to punish Delinquents according to Law. ( Q ) The Mayor of the same Town for ever , hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable , and to record and enrole the said Recognizance , to release , cancel , lessen , and qualifie at their pleasure according to Law. Also to demand execution according to the manner of the said High Court of the Admiralty of England . ( R ) The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses , and their Successors , all , and singular Fines , Redemptions , Issues , Amerciaments , Forfeitures , Perquisites , and profits whatsoever appearing , happening , coming , assessed , imposed , or taxed , or then after to be upon any by the aforesaid Court for their own proper use and behoof , without any account to the said Queen , or her Heirs to be levied so soon as ever it shall be adjudged by them , without any unquietnesse , vexation , or trouble of the said Queen , her Heirs and Successors , Justices , or other Ministers , or Subjects whatsoever . ( S ) Also to have all manner of such like goods and Chattels , Weiffs , Wrecks * of the Sea , Goods floating or swimming upon the water , and driven to the shoar * sunk to the bottom , and goods due to more by proportion , Treasure found , Felons of themselves , Deodands , and other casnalties , as well upon as by the Sea or Shoars , and Maritine parts , as upon or by the fresh water , howsoever , whensoever , or wheresoever , or in what manner appearing , happening , or coming , which to the Admiralty of England doth belong . ( T ) And all Royal Fishes , Sturgeons * Whales , Porpoyses , Dolphins , Rigoseres , and Grampeses . ( V ) That the said Queen willed , that the Mayor , Recorder and Aldermen for the time being , three or more of them , whereof the Mayor or Recorder to be one , from time to time ever hereafter , to be Justices at the Goal delivery , and to deliver out of prison in the same , committed to the same Goal for what cause soever . ( W ) That they may erect Gallows within the liberty of the said Town , for Felons , Murtherers and other Malefactors whatsoever within the Town or Port , and to commit them to the Goal , till they be from thence delivered by due course of Law. See Chap. 53. ( A. ) ( Y ) All which of her special favour , she grants without Fine into the Hamper . Dated at Westminster the 30. of August , in the 31. year of her Reign . It is conceived this is voyd , by reason granted without any consideration into the Hamper . CHAP. XI . A brief of the Privileges contained in the Charter of Liberties granted by Queen Elizabeth to the Mayor and Burgesses of the Town of the Newcastle upon Tyne , the 22th . of March. in the 42th . year of her reign . As followeth . The Twelve Companies of Newcastle be as follow . Cordwinders Butchers . Taylors , Fullers Drapers Mercers . Skinners . Corn-Merchants Tanners . Sadlers . Bakers . Smiths . I finde not Brewers nor Carpenters . ( A ) THat the Town of Newcastle is an antient Town , and that they have had Laws , Jurisdictions , &c. and that the said Town hath suffered no smal loss by reason of divers differences , &c. fol. 1. concerning the manner of loading and unloading Sea-coals at the same Town , fo . 2. whereupon the said Mayor and Burgesses humbly petitioned the said late Queen for the better maintenance and government of the said Town , that she would vouchsafe to amplifie her munificence and favor towards the said Town , fo . 2. ( B ) The said Queen for her and her Successors , grants to the said Mayor and Burgesses and to their Successors , that they only of the said Town with its members , shal have and enjoy all the Customs , Liberties &c. which were granted to their Successors by several Charters , fo . 3. which the honest men of the Newcastle upon Tyne , &c. by pretence of what Corporation soever they held and injoyed , fo . 4 , 5. To have , hold , and enjoy the said Town , and all Customs , &c. fo . 5. to the said Mayor and Burgesses and their Successors , to their use for ever , to be holden in Fee farm ; rendring the antient Fee farm of 100 li. at Michaelmas onely , fo . 6. and that they may have all such Liberties , Customs , &c. without the let of any one , &c. fo . 7. ( C ) The said Queen granteth , that the Mayor , ten Aldermen , and Sheriff of the said Town , &c. and other Four and twenty of the more discreet and honester Burgesses of the said Town , &c. may chuse the Mayor and other Officers of the said Town within five daies after the choyse and oath taken by the Mayor , fo 7 , 8. which said Mayor and the other twenty four Burgesses , in all thirty six , shall be at all times then after , the common Councel of the said Town ; fo . 9. and shall have power in making Laws , &c. fo . 10 for the good Government of the said Town , &c. fo . 11. and for the good government of the Markets and Fairs within the said Town and limits thereof , &c. and for the Declaration by what means the Ministers , Officers and Artificers of the said Town , and their Factors Servants and Apprentices in their Trades , &c. fo . 12. and also for their better preservation , letting and setting of their Lands , Tenements , &c. And that the Mayor and Common Council of the said Town or the greater part of them , whereof we will the Mayor and six Aldermen , thirteen being , seven to be &c. as often as they shall make such Laws , &c. and such pains , punishments , penalties or imprisonment of bodies or by fines , &c. fo . 14. upon all Delinquents contrary to such Laws , &c. as shall be necessary for keeping , fo 15. of the said Laws , &c. and to have and retain the said Fines , &c. to their own use , &c. fo . 16. so that the same Laws , &c. be not repugnant to the Laws of the Kingdom of England * , fo . 17. ( D ) And further the said late Q. granteth , that the election of the Mayor , Recorder , Aldermen , Common-Council and all other Officers and Ministers to be chosen , &c. shall in every year be upon Monday next after Michaelmas day fo . 18. honest men and Burgesses of the twelve Societies , lawfully chosen in the accustomed place , to wit Drapers , Mercers , &c. fo . 19. and that they name and present two honest men of every mystery , &c. being twenty four in number , being sworn that they or the greatest part of them shall chuse and name the Mayor , fo . 21. the 22 , 23 , 24 25 , 26 , 27. leaves are concerning the chusing of the Mayor , the Sheriff , of two Coroners , one Clerk of the Chamber , who shall administer an oath to the Marriners and Masters of ships at the Port of Newcastle ; and in the same manner , and the same day yearly may name eight other Burgesses , &c. fo . 28. to be Chamberlains of the same Town , and one Sword-bearer before the Mayor , and eight fo . 29. Serjeants of the Mace , and one Recorder fo . 31. and there shal be twenty four Electors for one year fo . 31 , 32. new election of Aldermen , dying or being deposed , fo . 33. and the Alderman newly chosen shall be Alderman during life , fo . 34. Officers chosen by the Mayor under their common Seal shall be admitted to their places , fo . 35 , 36 , 37. To fine such as refuse to hold their places upon election , fo . 38. the said fine not to exceed 200 Marks , fo . 39 , 40. 41. The like for the Sheriff . fo . 42 , 43 , 44 , 45 , 46. or if any Officer ( save the Recorder ) die within the year then to chuse another , fo . 47 , 48 , 49. And if the Recorder die within one year next after his election , or be removed from , or leave his Office , &c. then to chuse another fit person learned in the Laws , albeit not a Burgess in his place , &c. fo . 49 , 50 , 51. And if the Mayor of the said Town be deposed , removed , or die , then to chuse another within twenty daies , &c. fo . 51 , 52. The like for the Sheriff , &c. fo . 53 , 54. William Jennison named first Mayor , fo . 55 , 56. John Savel one of the Barons of the Exchequer , first and modern Recorder , fo . 57. William Selby , &c. and nine others are made the first and modern Aldermen , fo . 58. James Clavering appointed first , and the modern Sheriff , &c. fo . 59. The said William Jennison Mayor , and thirty five persons more are appointed to be the first and mordern Common-Council-men , &c. fo . 60 , 61. Matthew Chapman , and Rowland Tempest are appointed to be first , and the modern Coroners , &c. fo . 62. George Dent appointed first Clerk of the Chamber , fo . 62. Francis Burrel and seven others , appointed to be the first and the modern Chamberlains of the said Town , fo . 63. George Still appointed Sword-bearer , fo . 63 George Selby and seven other persons appointed to be the 〈◊〉 Serjeants at Mace , &c. fo . 63. The said Queen grants to the said Mayor and Burgesses and their Successors for ever , that they may hold one Court of Record in Guilde-hall , before the Mayor upon Monday in every week through the year , except in the weeks of Christmas , Easter , and Penticost , &c. fo . 65. and another Court upon Wednesdaies and Fridaies in every week throughout the year , except in the several weeks aforesaid ; and all Pleas of Debts , Covenants , Deteiner , Trespasses , &c. fo . 66 , 67. and pleas of Court of Pipowder , &c. fo . 68. and Courts of the Upper-Bench , Justices of the Bench , and Justices of Assize before the said Mayor , fo . 69 , 70. And that the Mayor and Burgesses in the Court ▪ to be holden before the Mayor , and in the Court to be holden before the Sheriff and their Successors , in all and singular Suits , &c. may attatch the parties Defendents in the same Suits , &c. fo . 71. in their Lands and Goods , and commit them to their prison called Newgate , &c. fo . 72 , 73. The Mayor , the ten Aldermen and Recorder of the said Town for ever , to be joyntly and severally Keepers of the Peace , &c. within the said Town , &c. and to chastise and punish malefactors , &c. fo . 73 , 74 , 75 , 76. And further , That they the 12 , 11 , 10 , 9 , 8 , 7 , 6 , 5 , 4 , or 3 of them , whereof the Mayor to be one , be Justices of the said late Queen , her Heirs and Successors , to enquire upon oath , &c. fo . 76. of all Murders , &c. Forestallers * , Regrators , &c. and of all other matters whatsoever done or committed , &c. fo . 77 , 78 , 79. so that the Keepers of the Peace in Northumberland and Durham do not enter for any matter of Peace , &c. to be ended and determined in the said Town of Newcastle , f. 80. ( F ) The Queen grants to the said Mayor and Burgesses and their Successors , that they may as often as need shall require impose , &c. Fines * , Penalties , Taxations , Customs , &c. for the publick use of the Mayor and Burgesses of the said Town , to be kept in their common Chamber , and to be expended for their publick use , fo . 81. or by their Officers from time to time to be levied , such as before time were lawfully taxed and imposed , &c. and that the said Mayor , &c. may use all the means they can to levy and gather the same , fo . 82. ( G ) The Queens pleasure further was , that the Mayor● Recorder , and Aldermen of the said Town , or five , or more of them , whereof the Mayor to be one , be Justices for Gaol Deliveries , &c. fo . 83. and that the Coronors * of the said Town shall deliver all Juries , Inquisitions , pannel Attatchments , &c. and make return of them to the Mayor , &c. in all their Gaol Deliveries , &c. fo . 84. and do execute the Precepts of the Mayor , &c. in such manner as any Sheriffe of England was accustomed to do at the Gaol Deliveries for their several Counties ; and that the said Mayor , Recorder , and Aldermen may fo . 85. erect Gallows within the Liberties of the said Town to hang Felons , &c. And that the said Mayor , Recorder , and Aldermen , or five , or more of them may take and Arrest what Felons , Theeves and Malefactors soever , within the Town and Port of Newcastle , and Port aforesaid , or the Precinct , or Liberties of them , are found , &c. and may bring them to Prison there fo . 86. ( H ) The said Queen gives Licence to William Reddel , and to six others , and to what subjects or subject whatsoever , of the said late Queen her Heirs and Successors , Assign or Assigns , Tenants , or Farmers , fo . 87. of the Mannor of Gatesside , and Wickham with their Appurtenances in the County of Durham , by vertue of a Lease to the said Queen made ( amongst others ) by Richard late Bishop of Durham by his Indenture dated the 26 of April in the 24 year of her Reign , 1582. for ninety nine years from the making thereof ; and that the said Assign or Assigns , Tenants , Farmers , fo . 88. of the Premises so demised , and their survivors . The said Mannors or Lordships of Gates-side and Wickham , with their Appurtenances may grant and assign to the said Mayor and Burgesses , and to their Successors for the residue of the years then to come ; and to the Mayor and Burgesses of the said Town , and to their Successors , That the said Manners , and Lordships of Gatesside , fo . 89. and Wickham aforesaid , with their Appurtenances may have and hold , during the residue of the years then to come , the said Queen for her , her Heirs and Successors , gave special Licence , notwithstanding the Statute of Mortmain * or any other Statute , &c. fo . 90. ( I ) The Queen pardoneth and releaseth to the said Mayor , and Burgesses , and to their Successors , and to every Subject and Subjects whatsoever , &c. All , and all manner of pains , Penalties , forfeitures , and sums of money , and all other charges whatsoever to the said Queen , or to any her Progenitors , fo . 91. theretofore forfeited by vertue of an Act of Parliament of King Henry the fifth at Westminster in the ninth year of his Reign , onely published for the assurement of Keels by Parliament Commissioners assigned , or by pretence of another Act of Parliament begun at Westminster in the one and twentieth year of King Henry the eighth , fo . 92. Intituled an Act concerning Newcastle , and the Port there , for the loading or unloading of any Merchants goods within this Kingdome , or elsewhere to be sold from any Ship or Ships , or other Vessels , in , or at any place or places within the Port and River of Tyne , between Sparhawk , fo . 93. and Hadwyn streams , but only at the said Town of Newcastle , and not elsewhere , under pains and forfeitures in the said Act contained and specified . And by vertue of another Act of Parliament at Westminster aforesaid the three and twentieth of January in the first yeer of the late Queen Elizabeth , Intituled an Act limitting the times of exposing upon Land-Merchandizes from parts beyond the Seas , and concerning Customes and Sweet-Wines , and there it was enacted ( amongst others , for , and concerning fo . 94. the loading or unloading in , or from any Ship , or other Vessel , any Goods , Wares , or Merchandizes against the said Act , &c. or to the late Queen , due , and forfeited by vertue of the said Acts , and all the Goods , and Chattels , Lands , and Tenements of the said Mayor and Burgesses , &c. being the foresaid penalties and forfeitures , &c. fo . 95. Now followeth the Charter of the Free Hoast-men of Newcastle . ( K ) Moreover the Q. grants to the said Mayor , & Burgesses , and to every Subject & subjects of hers , her Heirs & Successors , Inhabitants & Burgesses of the said Town commonly called Hoast-men in every season fitting , and hours accustomed , the Customes and Subsidies , and other profits to the said Queen her Heirs and Successors due to be paid , and to the Customers , and fo . 96. Collectors of the said Queen and Successors agreeing thereupon to be charged or discharged , shipped or unshipped , Pit-coals , Grind-stones , Rub-stones , and Whet-stones near Newcastle , &c. such Ship , Vessel , &c. was of such a capacity , or for any other reasonable cause , that they could not fitly apply to Newcastle , that then in such case , the Mayor and Burgesses of the said Town , as their servants , &c. fo . 97. might and may load and unload such ship and ships , vessel , and vessels with Coals and Stones abovesaid , in their Port between Sparhawk and Newcastle , being distant by estimation not above seven miles . And further the Queen willeth , fo . 98. and commandeth the said Mayor and Burgesses , &c. and their Successors , and every Subject and Subjects of her , her Heirs and Successors , Inhabitants of the said Town called Hoastmen , that they the same ships being of such a capacity that they cannot fitly sail to the Town of Newcastle , to charge , and discharge themselves of Coals and Stones , fo . 99. so nigh Newcastle as conveniently may be done without fraud , &c. and that under the pain of one hundred shillings to be levied for the Queens use , her Heirs and Successors , to be forfeited for every ship or vessel so charged or discharged , contrary to the true intention mentioned in the said Letters Pattents , and for that the Queen willeth that the Mayor , Burgesses and Inhabitants of the said town , &c. fo . 100. being Burgesses , may serve the Queen and her Successors with more commendable service , and may furnish the Queen , &c. with Mariners more cheerfully in our greatest wars , as we have heard they have done in times past ; and for that the said Town hath been a faithfull fortresse and defence , fighting against the Rebels in times past , and hath behaved it self most dutifully to us , and to our Progenitors , &c. fo . 101. resisting the said Rebels . The Queen therefore giveth and granteth to the Mayor , Burgesses , and their Successors all the Felons , goods , unto themselves , and of Fugitives convicted and attainted , and of Out-lawed persons , &c. fo . 102. ( L ) And whereas the Town of the Newcastle upon Tyne , is a Town of Merchants , a Mart , or Market of great fame , and stuffed with a multitude of Merchants dwelling therein , and of others , as well home-bred thither flowing , and there expecting their Trade of Merchanting , and thereupon it is necessary to order and establish a certain Order within the said Town , fo . 103. and the speedy recovery of Debts to Merchants , &c. due according to the Statute of Acton Burnel , &c. The Queen granteth , fo . 104. to the Mayor and Burgesses , and their Successors , that the Mayor for the time , for ever thereafter shall have power , together with the Clerk to that end ordained , to take Recognizances according to the form of the Statute of Acton Burnel , and of the Statute of Merchandize made in Parliament in the time of King Edward the first , and that there shall be a Clerk in the same Town , which shall be called the Clerk of the Queen , her Heirs and Successors , to take Recognizances of Debts , according to the said Statute , fo . 105. The Queen appoints William Jackson Gentleman to be her first , and then modern Clerk for taking Recognizances of Debts within the said Town , to enjoy the same during his life , and after his death the Mayor and Burgesses , &c. fo . 106. are impowred to prefer to the said Office , fo . 107. another of the Burgesses of the said Town to be the Queens Clerk ( as before ) and to continue so long as it should please the Mayor , &c. fo . 108. And shall have a Seal in two peeces for sealing the said Recognizances , and the Mayor to have the custody of the greater peece , and the Clerk , fo . 109. shall have the custody of the lesser peece of the said Seal , &c. So that if a Merchant , or any other shall be made a Debtor , he may come before the Mayor and Clerk of Recognizances , and before them acknowledge his Debt , and day of payment , fo . 110. And the said Mayor and Clerk may do and dispatch all other things which by the Statute aforesaid are requisite , &c. fo . 111. The said Clerk is to have such Wages , Fees , Rewards , and Emoluments for the execution of the said Office , as any other Mayor of any other Town or City in England , &c. fo . 112. lawfully , and of right hath or receiveth , &c. fo . 113. ( M ) The Queen granteth by the said Charter to the Mayor , and Burgesses and to their Successors , and to the Inhabitants of the said Town , that they be quiet and discharged , fo . 113. of Toles , Passages , Poundage , Murage , Chimage , Paunage , Lastage , Stallage , Carriage , Picage , Tronage , Hidage and Wharsage for their Goods and Merchandizes , as well by Land as by Sea , as well in Fares as in Markets , and all secular Customs over the Queens Lands , on this side and beyond the Seas , &c. fo . 114. The Queen further granteth to the said Mayor , Burgesses and their Successors , that they shall have for their publick use all and singular such like Toles , and all other Customs , Toles , Profits , and Advantages in Fares and Markets , holden and to be holden within the said Town , and any other times whatsoever by themselves , fo . 115. to be levied and gathered , and to be expended to , and for the use of the said Mayor and Burgesses , and their Successors , &c. and the said Queen forbiddeth that any man disturb them , &c. fo . 116. ( N ) The said Queen also grants to the said Mayor and Burgesses and their Successors , that no Merchant Stranger * , from the liberty of the said Town of Newcastle , may sell to any Merchant Stranger , any their merchandizes within the said Town ( except Victuals , and besides in Markets and Fares , to be holden within the said Town and limits thereof ) nor such Merchant Stranger may buy any Merchandizes ( except and besides as it before excepted , ) fo . 117. of any Merchant Stranger within the same Town and liberty thereof other than in gross , upon pain and forfeiture * of those Merchandizes to be had and levied for the publick use of the said Mayor and Burgesses , fo . 118. The Queen moreover granteth that the said Mayor and Burgesses and their Successors , * fo . 118. may have hold , &c. all such like Liberties , Customs , Franchises , &c. and all other the premises , &c. to the said Mayor and Burgesses granted and confirmed , as is before expressed , and that they may injoy and use them for ever fully , freely , &c. without impeachment , molestation , &c. fo . 119. Further the Queen pardoneth and releaseth to the said Mayor and Burgesses and to their Successors , all and all manner of Actions , Suits , Impeachments by Writ of Quo Warranto * to be brought or executed against the said Mayor , fo . 120. and Burgesses and their Successors , by the said late Queen &c. or by any of her Officers by reason of any Franchize , Liberty , &c. by the said Mayor and Burgesses , or their Predecessors , within the said Town and limits thereof , before times challenged or usurped , and that the said Mayor and Burgesses shall be quit and altogether discharged for ever , fo . 121. The Queen further granteth that every person or persons who for ever hereafter shall be admitted to be Burgesses , &c. shall be admitted by the Mayor and Burgesses , &c. or by the greater part of them , fo . 122. ( O ) Moreover the Queen ( often considering in her mind of how much availe it is to the Commonwealth of England , to have Youth well educated and instructed from their tender years , &c. fo . 123. ordaineth and granteth , that within the said Town of Newcastle and the Liberties thereof , that there be erected , and for ever there be one Free Grammer-Schoole , which shall be called the Free Grammer-School of Queen Elizabeth in Newcastle , and shall consist of one Master and Schollars to be instructed in the same , and that they the Master and Schollars of the same School , fo . 124. for ever hereafter shal be one Body corporate in Law , fact , and name , by the name of the Master , and Schollars of the Free Grammer-School of Queen Elizabeth in Newcastle upon Tyne , &c. and by that name may have perpetual succession , and shall be in perpetuall times to come , fo . 125. persons able and capable in the Law , of having , purchasing , &c. Lands , Tenements , &c. to them and their successors in Fee simple , or for term of years , so they exceed not the yearly value of 40 li. and so they be not holden of the said Queen her Heirs and Successors in chief , nor by Knights service , &c. f. 126 , 127 , 128. and that the Mayor and Burgesses of Newcastle and their Successors or the greater part of them , &c. fo . 129. shal have power to make an honest , learned and discreet man to be the first and modern Usher in that School , there to continue during the good pleasure of the Mayor and Burgesses , &c. fo . 130. and if it happen the Master and Usher to die or leave the said School &c. fo . 131. then they may chuse other men to be Master and Usher , &c. fo . 132 , 133. ( P ) ANd whereas the Mayor and Burgesses of Newcastle more deeply considering and weighing the effect of divers Letters Pattents , &c. And whereas the said Town is an ancient Town , and the Mayor and Burgesses of the same , time out of mind fo . 133. of man , they have had a certain Guild or Fraternity , commonly called Hoast-men * , for the discharging and better disposing of Sea-coals , and Pit-coals , Grind-stones , Rub-stones , and Whetstones , in and upon the River and port of Tyne , which Guild or Fraternity is granted or established by none of the said Letters Pattents : Whereupon the said Mayor and Burgesses have humbly supplicated the said Queen , that in supply of the said defects , That We would exhibit Our liberality and favor , fo . 134. and that We would vouchsafe to make , reduce , and create the said Guild into a Body corporate and politick , &c. The said Queen therefore Ordaineth , fo . 135. appointeth , and granteth , that William Jennison the elder , and 44 persons more , commonly called the Hoast-men of the said Town of Newcastle upon Tyne , and Brethren of the said Fraternity , and all others which now are or hereafter shall be elected , admitted , &c. into the said Guild or Fraternity , of the said Hoast-men of Newcastle upon Tyne , f. 136 , 137. hereafter , & shal be one Body corporate and politick in Law , Fact and Name by the name of the Governor , and Stewards , and Brethren of the Fraternity of the Hoast-men in the Town of Newcastle upon Tyne . &c. one body corporate and politick , really and at full , for Us , Our Heirs and Successors We do erect , make , ordain and creat , &c. And that by the same name they may , and shall have a perpetual succession , and are , and shall be in perpetual times to come , persons able , and in Law capable to have , purchase , receive , and possess , fo . 138. Lands , Tenements , Liberties , &c. to them and their Successors in perpetuity * and otherwaies , and to give , grant , demise , &c. the same Lands , Tenements , and Hereditaments , and to do all other things by the name aforesaid , and that by the same name they may plead or be impleaded , &c. in what Court soever . &c. fo . 139 , 140. ( Q ) And that the said Governor , and Stewards , and Brethren of the Hoast-men of the Town fo . 140. of Newcastle aforesaid , and their Successors that seal at their pleasure , may break , alter , and make , as to them shall seem good . And the Queen appointeth that there be and shal be for ever hereafter of the number of the Hoast-men , &c. which yearly upon the fourth of Jan. fo . 141. shall be chosen , &c. by the said Brethren of that Fraternity , &c. to be Governor , &c. And likewise there shall be for ever hereafter two honest and discreet men of the said number of Hoast-men , &c. fo , 142. who shall be the said fourth of January chosen by the said Governor , Steward , and Brethren of the said Fraternity , &c. And that the Queens will in the premises may have a more excellent effect , She fo . 143. assigneth , nameth , and createth William Jennison the elder to be the first and modern Governor , &c. fo . 144. Moreover She hath assigned , named , constituted and appointed Francis Anderson , and John Barker to be the first and modern Stewards of that Fraternity , &c , fo . 145 , 146 , 147 , 148 , 149. ( R ) The Queen further grants to the said Governor , Stewards and Brethren of the said Fraternity of Hoast-men , &c. and to their Successors fo . 149. that the said Governor , Stewards , and Brethren , &c. and their Successors , &c. shall have in every fit time for ever hereafter full power of meeting in their Guild-hall , or in any other place convenient within the said Town , and there to constitute , make , fo . 150. such Laws * , Institutes , &c. which to the said Governor , Stewards , and Brethren , &c. good , wholesome , profitable &c. according as they shall think good , for the good Rule and Government of the Governor , Stewards and Brethren of the said Fraternity , and for Declaration by what means and Order they fo . 151. and their Factors , Servants , and Apprentices in their Office and businesses concerning the said Fraternity they shall have carry and use , &c. And that the Governor , Stewards , and Brethren of that fraternity , &c. as often as they grant , make , ordain , or establish such Laws , Institutes , inform fo . 152. and they may impose such pains , penalties ‖ , punishments , and imprisonments * of body , or by fines , &c. upon all Delinquents against such Laws , ( S ) Institutes , &c. as to them shall be thought necessary and requisite , and as to them shall be thought best for the observation of the said Laws , Ordinances , &c. fo . 153. and the said fines and amerciaments at their discretions they may levy , have , and retain to them and their Successors to the use of the Governor , Stewards , and Brethren aforesaid , without calumny , &c. All which , and singular Laws , Ordinances , &c. the said late Queen willeth to be observed ; so that the said Laws , Ordinances , fo . 154 , &c. be not repugnant to the Laws or Statutes of the Kingdom of England . And further the Queen granteth to the said Governor , Stewards , and Brethren , &c. and to their Successors , that for ever hereafter they and their Successors , &c. fo . 155. may have and shall have full power from time to time at their pleasure to chuse , name and ordain other inhabitants , and Burgesses of the said Town , &c. to be and shall be Brethren of the said Fraternity , &c. who , so elected , nominated and sworn , shall be named , and be Brethren of that Fraternity . Moreover fo . 156. the said Queen grants licence , power , and authority to the said Governor , Stewards , and Brethren , &c. and to their Successors , that they for the time being and their Successors and every of them for ever hereafter may and shall quietly and peaceably , have , hold , use , and enjoy all such Liberties , Privileges , &c. fo . 157. concerning the loading , and unloading , shipping , or unshipping of Stone-coals , Pit-coals * , Grind-stones , Rub-stones , and Whetstones , ( T ) And that they may for ever hereafter load and unload , ship and unship , in or out of any ships or vessels , Pit-coals , and Stones aforesaid , within the said River and Port of Tyne , in any place or places as to them shall be expedient fo . 158. between the said Town of Newcastle , &c. and the aforesaid place in the aforesaid River , called the Sparhawke , so nigh to the said Town of Newcastle , &c. as conveniently may be done , according to the true intention of these Letters Pattents , as the men and Brethren of the said Fraternity at any time have used and accustomed , notwithstanding the Statute of King Hen. 8. the 3. of Novemb , in the 21. year of his reign , and from thence adjourned to Westminster holden published 1559. Intituled , An Act concerning Newcastle , and the Port and &c. to the same belonging , or any other Act &c. notwithstanding : And the said Queen also willeth , &c. for that express mention &c. Witness the Queen at Westminster the 22 of March , in the 13 year of her reign . fo . 160. What a world of profits is given from the Crown which ought to maintain it , and would have so filled the Coffers as that there had been little need of Sesments , &c. Having read some works of those late famous Expositors of the Law , I drew two or three heads out as Observations for the knowledge of those who know them not , written by way of explanation of our known Laws , as being a Law used time out of mind , or by prescription . The Law of Nature is , that which God infused into the heart of man for his preservation and direction , and that the Law of England is grounded upon six principle Points ; the Law of Reason , the Law of God , divers Customs of this Land , of divers principles and maxims , divers particular customs , and of divers Statutes made in Parliament . The fundamentall Lawes of England are so excellent that they are the Birth-right , and the most antient and best Inheritance that the free people of England have , for by them , they enjoy not onely their Inheritance and Goods in peace and quietness , but their Lives and dear Country in peace and safety . Cooks Preface to the sixth Replication , and on Littleton l. 2. c. 12. sect . 213. Sometime it is called Right , sometime Common Right , and sometimes Communis Justitia ; and it is the same Law which William the Conqueror found in England , the Laws which he sware to observe , were Bonae &c. approbatae antiquae Regni legis . Charter-Law being so repugnant to the above written , and so destructive to the weal of the people , that never any Writer ever writ of them , nor ever any Parliament Enacted their publication , knowing they were no other then Prerogative , and dyes with the Donor . And it is an infallible rule , where no Law is published , there cannot be any transgression , or obedience required . The Corporation of Newcastle hath but two Supporters to stand and fall by , first , Prescription , secondly , Custom . As to Prescription a Quo Warrante will avoid that upon a legall tryal , it being understood that Charters are void by reason of the change of Government , if not , yet by breach of Charter , exceeding their power , being nothing else then a fallacy . And as to plead Custom , they have no right , nor never in possession of what they claim , Customary Right is good Law , but Custom without Right , is but an old error , and ought to be removed ; Drunkenness and Swearing is customary , is it fit it should stand because of its custom ? Kings were before Corporations , and could have better justified themselves for a continuance , than Corporations , by reason they might plead Hereditary , or Electary , Conquerors or Customary , yet being found a grievance was taken and removed for their Arbitrary actings , why then must their power stand , that is no Law ? If it were justice to execute those two Judges , Empson and Dudly , for onely putting a Statute Law in execution not repealed , which is above Charters , being grievous to the people ; it were nothing more to execute Justice upon such who acts the same without any Law. King John who was a Murderer , yet commanded a murderer to be taken from the Altar , and sent to the slaughter , Here was Justice . Why do not our just Judges send such like from the Charter to the slaughter ? If Strafford lost his life for acting oppressively by an Arbitrary power , why not others for the same ? CHAP. XII . King James his Charters and Orders . Mars , Puer , Alecto , Virgo , VULPES , LEO , Nullus . Iam●s king of England Scotland and Ireland ●● ( A ) KIng James in the second year of his reign , being humbly supplicated by the Mayor and Burgesses of Newcastle , that he would be graciously pleased to confirm all their antient Grants and Charters , and to give them further powers , especially of the River of Tyne , The King confirms their Charters , but grants nothing new , onely alters the Election of their Officers , and prescribes them new Oathes to be administred to the said Officers in their Elections , which Charter is in the Chappel of Rolls . ( B ) Also the King and his Council grants them the confirmancy of the River of Tyne , by giving nine Articles upon the 29. of January 1613. and joyned in the said Order . The Bishop of Durham and other Justices of Peace of the County of Durham and Northumberland , with the six Aldermen of the said Town of Newcastle : But three years after being weary of partners , the Mayor , Aldermen and a Jury of the Burgesses , exhibited a great complaint to the King and Council at White-hall , of the great decay of that River occasioned by the said Commissioners , through their neglect , and breach of Trust . Which Complaint , begat this following Reference from the Council Table , and further power to add to the former , See chap. 34. ( C. ) 35. ( A. B ) 28. ( A P ) ( C ) Whereas upon complaint of the decay of the River of Tyne , and of the daily abuses done and committed to the prejudice of the same . Certain Articles were granted on the 29 of January 1613. and commanded to be put in execution for the remedy of such abuses . And for as much as a Jury of Newcastle-men have by their Petition to this Board grievously complained those Articles were wholly neglected by the Mayor and six Aldermen of the same Town , and the Bishop of Durham and Justices of Peace , all which were joynt Commissioners for the preservation of that River ; The River decaying so fast , that in short time it would be dord and wrecked up with sand , &c. If not Order soon taken therein . The Council Ordered Sir Ralph Winwood , Sir Julius Caesar , and Sir Daniel Dun one of the Judges of the Admiralty , with the assistance of the Trinity Masters of London , to draw up Thirteen Articles more to be joyned with the former nine . And by special Order of his Majesties Council at White-hall was given and commanded that all the said Two and twenty Articles be put in execution for the conservation and preservation of the River of Tyne by the Commissioners hereafter named . Or else to forfit all the Towns Liberties into the Kings hands . See chap. 13. ( D ) And though the Commissioners formerly appointed for the execution of the former Articles , are persons of place and quality , and otherwise well deserving of the publick . Yet for as much as contrary to the Trust reposed in them they have altogether neglected their duty therein , whereof further notice may be taken as occasion shall require . It is thought expedient that these persons following be named and authorized Commissioners for the due performance and execution , as well of the said former Articles , bearing date the 29. of January 1613. as of those now devised and published , with the joynt consent and good liking of the Aldermen of the Town of Newcastle , and others attending their Lordships in that behalf , for the safety and conservancy of that River . ( E ) The Names of the Commissioners at Newcastle for the River of Tyne . The Mayor William Warmouth Timothy Draper Cudb . Bewick . Tho. Wynn Leo. Car Robert Leger John Stubs . Robert Chamberlain . John Holbourn Hen. Johnson Edw. French Tho. Ewbanck George Wallis Ralph Cox John Eaden John Butler . ( F ) 29 January , 1613. 1 That the owners of every Salt-work on either side of the said River of Tyne built and to be built , do within six months build up their Wharfs and Keyes sufficiently above a full Sea-mark in height of the water to be appointed by the Mayor and six Aldermen , to the end , neither Coals nor Rubbish do fall off into the River . 2 That all Wharfs and Keys in all parts of the River of Tyne , be damn'd and back'd with Earth , and not with Ballast . 3 That no Ballast be cast at shields by any vessel which loadeth either with Coals or Salt , or other Commodities , nor any Ballast Wharfes to be built there , or used for that purpose . See Chap. 19. ( H ) 24. ( E ) 18. ( A ) 4 That all Salt-pan Owners shall carry away their Pan Rubbish from off their Keyes or Wharfs every forty dayes that none fall into the River . 5 That no Ballast be cast but upon sufficient Ballast Wharfs , built , and to be built above a High-water mark , and to be allowed by the Mayor and six Aldermen in any part of the River . See Chap , 49. ( G ) 6 That the Surveyors , Unladers , and casters of Ballast , according to their offices and duties , shal every week cause all the Ballast which falls off the Ballast shores into the River , to be taken up again , and cast upon the Ballast Wharfs . And to take care that the Ships have a good sayl to lye between the ship and shore , that none of the Ballast fall between into the River . See Chap. 49. ( G ) 14. ( B ) 34 , 35. 7 That no Coals nor Stones be digged within sixty yards on a streight line from a full Sea-mark in any part of the River , to the end none fall in . 8 That some strict and severe punishment be inflicted by the Mayor and six Aldermen upon any such Master of Ship or Keels as shall presume to cast any Ballast upon any insufficient shores , or into the River . See Chap. 49. ( E ) 39. 14 ( C ) 9 That there shall be no wyers , dams , or other stoppage , or casting of Ballast in or neer the said River , or Creeks running into the said River of Tyne , or within eight miles of the Town of Newcastle , but such as shall be allowed by the Mayor and six Aldermen of the said Town ▪ such shores being sufficiently Wharfed . See Chap. 34. Thirteen Articles more granted , Feb. 14. 1616. 10 That no Lighters , Boats , or Keels with Ballast be suffered to go up and down the River of Tyne in any night Tyde , to prevent the Keel mens casting Ballast in to the River , they often using so to do , being more easie , and lesse labour to cast it into the River than upon the top of the Ballast shores , which spoyls the River , the Commissioners are to take care herein to see the putting hereof in execution and to punish offenders . See Chap 49. ( E ) 11 That Strangers shall be appointed every week to cleanse the Streets in Newcastle of their Ashes and other rubbish , to prevent the rain from washing the same into the River thorough Loadbourn . 12 That all the Gates on the Town Key be locked up every night except one or two to stand open for the Masters and Sea-men to go too and fro to their ships , which will prevent servants casting Ashes , and other Rubbish into the River . And that those two Gates be constantly watched all night long . See Chap. 49. ( E ) Chap. 14. ( B ) 13 That all servants dwelling with any the Inhabitants residing or inhabiting in the Town of Gates-head , and Sand-gate , and the Close in Newcastle , be sworn every year , not to cast any Rubbish into the River . See Chap. 49. ( E ) . 14 Whereas there hath been an ancient Custome in Newcastle that every Master of any Ship , who is known to cast any Ballast at Sea , between Souter and Hartly , or within fourteen Fathom water of the Haven , to the hurt of the said River , was brought into the Town Chamber ; And there in the presence of the people , had a knife put into his hand , was constrained to cut a purse with monies in it , as who should say he had offended in as high a degree , as if he cut a purse from the person of a man , whereby he might be so ashamed that he should never offend again therein ; And others by his example were terrified from trespassing in the like kind , that now in the time of so general wrongs done to the River , and the great number of ships which comes into that haven , this ancient custome be revived , and put in execution . See Stat. 8. Eliz. 4. See Chap. 39. ( A ) 15 That whereas much Ballast falls off into the River of Tyne , between the Ships and the Ballast shores , in casting of it out of the Ship to the great hurt of the same , the Commissioners are to set every Winter season , the poor Keel-men and Shewel-men on work to cast into Keels such Ballast and Sand fallen into the River , and then to cast it on the Shores or Wharf again . 16 That some trusty truly substantial men , Burgesses of Newcastle be appointed to view the River every week , and to make Oath for the abuses and wrongs done unto the * same , two to be Masters of the Trinity-house of that Town , they to have no Coals , nor Mines , nor Ballast shores , and to be appointed by the Commissioners . See Chap. 39. ( 35. ) 17 That every owner of ground * adjoyning on that River be ordered to sence the same grounds to prevent the banks from falling and washing into the River , with the great floods flashes , and rains , to the great annoyance thereof , See chap. 49. ( E ) 18 That the Commissioners , namely , the Mayor , and others named before , do give unto the Masters , Skippers of Keels , a Commission to be a company for the ordering such their Brother-hood , and for them to punish such as cast Ballast into the River , or doth other wrong , out of their Keels , they having been a Company formerly , consisting of one hundred and sixty , which was for the good of the River ; That the two great Pools of water , lying on the back of a Ballast-shore , be forthwith filled up , to prevent undermining of the shore , to the hazard of the River , if the wall , and Ballast fall down . 19 That all the Ballast shores in the River of Tyne be constantly kept in good repair * otherwise a hundred thousand Tuns of Ballast will fall into the River to the destruction thereof . See Chap. 34. * 20 That no ship or Vessel be suffered to load at Shields , or any Road-stead in the River , but as neer the Town of Newcastle as can be , for when they load in remote places , the wrongs cannot be so soon seen . See Chap. 19. ( H ) 24. ( E ) ( 21 ) That the Commissioners do take good Bonds from the Owners of such shores as shall be built to lay Coals on for Ships , and shall take view of such places as shall not do hurt to the said River * either by casting Ballast on them indirectly , or to suffer them to go to decay after there is no use made of them , and to keep the Ballast from washing into the River . See Chap 13. 34 , 35. These were present in Council that granted these Articles ? Lord Archbishop of Canterbury Lord Chancellor , Lord Treasurer , Lord Steward , Lord Arrundel , Lord Chamberlain , Lord Admiral , Earle Buckingham , Lord Bishop of Ely , Lord Zouch , Lord Carew , Mr. Comptroler , Mr. Vice-Chamberlain , Mr. Sec. Windwood , Mr. Secretary Lake , Mr. Chancellor Exchequer , Mr. of the Rolls . Mr. Attorney General . All these Articles are broke except the fifth for cutting purses , and the ninth Article in stopping up the two pools , &c. read the following Order , &c. The Council Table ordered that Leonard Car , and Cuthbard Beuwick two of the Commissioners which attend this businesse , be allowed their charges , for their pains and attendance , and likewise this Board might be the better assured , with what care and diligence these directions are pursued , that the Commissioners do every quarter certifie of the proceedings herein , that further order might be taken upon any defect that might happen , and as shall be found expedient . CHAP. XIII . An Order to seize all Newcastles Liberties , &c. UPon an Order now taken concerning the River of Tyne , and divers Articles , conceived fit by the board for the preventing of such disorders , and abuses as are done , and committed to the detriment of the said River . It is thought fit , and so ordered for the better observancy of the said Articles ; and the more carefull endeavors of the Mayor and Aldermen of the Town of Newcastle , for the reformation and amendment of such things as are hurtfull and prejudicial to so famous a River , which have been slighted and neglected beyond that which any way may be reasonably thought of , in a matter of so great importance . That upon the first just complaint renewed to this Board in that kind , his Majesties Attorney General be hereby Authorised without further question , or warrant , to direct some course for the seizing of all the Liberties of that Town into the Kings hand ; of which their Lordships pleasure and resolution , is that such Aldermen and others of that Town , as are now here attending that businesse , were by the Board required hereby to take notice . Given at our Court at White-hall this 16 of February , 1616. See Chap. 19 ( A ) 24 ( A ) 25 ( A ) 26 ( A ) 28 ( A ) 34 ( A ) 35 ( A , B. ) There were these present in Council . Lord Archbishop of Canterbury , Lord Chamberlain , Lord Arrundel , Lord Vic. Wallingford , Lord Steward , Lord Bishop of Ely , Lord Zouch , Mr. Comptroler , Mr. Vic. Chamberlain , Mr. Sec. Windwood , Mr. Sec. Lake , Mr. Chan. Excheq . Master of the Rols , Mr. Attorney General . It is conceived a Writ of Seizure lyes in this case , by reason of the many grievous complaints exhibited for their exorbitant abuses committed against the weal of the Nation in that River in the spoyl thereof as appears , * And in not putting all those Articles in execution for preservation thereof . &c. In Michael●as 1643. in the presence of Mr. Justice Snape , Steward of the Liberties of St. Katherines London , the Lord Chief Justice St. John did direct to seize St. Katherines Liberties for not yeelding obedience to a Writ of the Common Bench , executed in St. Katherines , and the Attorney that gave the advice was committed ( a good president . ) CHAP. XIV . A return by the Commissioners of Newcastle in the due execution of their power , &c. ( A ) THe Commissioners for Conservancy of the River of Tyne at Newcastle , returns their quarterly account of their diligent care in the due execution of the two and twenty Articles afore-mentioned unto the Council Table , by Mr. Leon. Car , and Mr. Buewick , with order to petition the Council for a● explananation upon some of the said two and twenty Articles , and for further power for the preservation of the said River , especially upon the one and twentieth Article , to whom the bonds should be made ; It was Ordered to the Mayor for the time being , &c. ( B ) Also prayed resolution , who should repair and mantain the Ballast shoars and Coal-Wharf , as is exprest in the nineteenth Article , Ordered that as well the Owner as the Tenant be bound to such reparation during the time use was made thereof , and onely the Owners afterwards . ( They also humbly craved their resolutions of the sixth Article , and twelfth Article , who should be at the charge of cleansing the River of the Ballast , and pay the Watchmen , &c. It is Ordered that the Town-chamber defray both the one , and the other , by reason they receive the profits of the River , &c. See Chap. 12. ( 6 ) Chap. 34. 39. 49. ( C ) They also prayed the resolution of the eighth Article for the punishing of Masters of Ships ; It was Ordered that the Commissioners should take bond , * with sufficient Sureties to appear before the Council to answer their contempt , and to such as refuse to give bond , then the Commissioners to commit them to prison till they give Sureties to answer at London , &c. See Chap. 41. ( C ) Ordered that the Commissioners shall have power for ordering the Wharf , and new shoars in every place in that River , after they are once erected , as well for the strengthning as backing of them with Ballast , as with other Earth . See chap. 18. ( F ) ( E ) That the Commissioners , there at least , shall subscribe every Ticket , and the Mayor * for the carrying up of every Keel of Ballast from the ships at Shields to Newcastle ballast shoars , for the more faithfull execution of that service . See chap. 49. ( G. ) * ( F ) Ordered that the Commissioners shall have power to order and determine of such rewards as shall be given to every Wherry-man , or Fisher-man * or other that shall truly present any offence or offenders against any of the Articles prescribed , to be taken out of such Fines , Mu●cts , and Amerciaments , as shall be imposed upon any the Delinquents against the said Articles . See Chap. 39. ( A ) * ( G ) Ordered that the Commissioners shall have power to cause the ballast already become noysome , or in any part of the River , or like to do hurt , from the Land to be removed to a new Wharf , or fit place . See Chap. 34. ( A ) 35. ( A. B. ) CHAP. XV. KIng James on the 14. of April , in the seventeenth year of his Reign grants unto Alexander Stevenson Esq ; and his Assigns for fifty years the whole Castle of Newcastle , with all Appurtenances thereunto any way belonging , at the Rent of forty shillings per annum , except the prison , wherein is kept the sons of Belial , it being the County prison for Northumberland ; the said Mr. Stevenson dyed , and left Mr. Auditor Darel his Executor ; and left him that Lease , it being all he was like to have towards the payment of the said Mr. Stevensons debts , which was due to the said Executor and others , amounting in the principal to two thousand & five hundred pound , besides damages , which amounted to as much more , who is kept from his right by the instigation of the Mayor and Burgesses , upon an Inquisition taken the 18. of August , in the 18. year of King James , at Newcastle ; It was found to be in Stevenson , and now in his Executors , the said Stevenson dyed in October , 1640. they claiming a right from one widow Langston , relict to one John Laugston Groom , Porter , &c. but that Title the Law will quickly decide upon a legal Trial , but the County of Northumberland hath the reversion , who is kept from having a free passage to the Assizes , by the Mayor and Burgesses , who shuts up the gates which is the right passage , and at such gates which be open , the people of Northumberland coming to do their service at the Assizes holden for that County in that Castle , are arrested and cast into prison by Newcastle , where none can bail them , but Burgesses of Newcastle , and often thereby such people have their Cause overthrown , by such restainment . In Easter Term , in the 18. year of King James , Sir Henry Yelverton Kt : Attorny General , exhibited an Information against the Mayor and Burgesses concerning the premises above mentioned , where all plainly appears , amongst other things of the Town , not to belong to them &c. CHAP. XVI . ( A ) IN or about the eighteenth year of King James an Information was exhibited in the Star Chamber by the Attorny General , against the Mayor and Burgesses of Newcastle by the name of Host-men , for that they having the preemption of Coals from the Inheritors in Northumberland , and County of Durham by their Charter of free Hoast-men 42 Queen Eliz. * they having the sale of all Coals , who force ships to take bad Coals , or will not load them , with unmarketable Coals : being brought for London , prove much to the damage of the people Which grief begot great Suits between the Merchants and Masters of ships , to their disquieting and high charge , upon which this Information was brought against the said Hoast-men for selling of bad and unmerchantable Coals , and much Slate amongst them , for which they were all fined , some 100 li. a peece , some more , others less , being found guilty ; and ordered to do so no more , but it is proved they continue the same to this day . See chap. 43. ( A ) CHAP. XVII . ( A ) KIng James upon the 28 of January in the 16 year of his Reign grants the Admiralty of all England , &c. to the Duke of Buckingham , it being surrendred by the Lord High Admiral , so that the Title of Newcastle by vertue of the Chrater of the 31 year of Queen Elizabeths Reign is conceived of little force . See ch . 10. ( B ) CHAP. XVIII . King Charles . The high and Mighty Monarch CHARLES by the grace of GOD King of Great Brittaine France and Ireland P. Stent ex●udit ( A ) SIr Robert Heath , Lord Cheif Justice of the Common Pleas was building a Ballast Wharf or Shoar on his own Land at Shields adjoyning upon the River of Tyne , seven miles from Newcastle ; but the Commissioners of Newcastle , the Mayor and Aldermen with others , obstructed the building thereof , pretending it would spoil the River ; but the Lord Cheif Justice well knowing it to the contrary by the advice of most of the antient Trinity Masters of London , & other experienced Traders thither , went on with the building thereof , upon which in the year 1632. the said Mayor and other Commissioners exhibited a complaint to the King and Council against the same at Whitehal , complaining that if any Ballast Shoars or Wharfs were built at Shields , it would much spoil the River and hinder Trade and Navigation , at which there was a legal Tryal , it appeared to the contrary , the King and Council upon the 13th . day of July , 1632. Ordered that Sir Robert Heaths Ballast shoar should bee built . ( D ) In February next the Commissioners of Newcastle complained again upon the same business , by pleading some new matter in their Petition , and the reference they obtained on their Petition , was Ordered by the King and Council this 13th . of February 1632. that Sir Heath's Ballast-shoar should be built . The Commissioners aforesaid put in the third Petition , not doubting but that by such new matter they should prevent the building of the said Shoar . Ordered by the King and Council , the 27 Feb. 1632. That Sir Heath's Ballast-shoar , Wharf , or Key a building , shall be built go forward , and be quite finished . See ch . 13. ( A ) 19 ( A ) 20 ( G ) 34 ( A. B ) . CHAP. XIX . THe Mayor and Burgesses exhibited another great complaint to the King and Council , wherein nine severall absurdities appeared , by Capt. Crosier , and especially against Sir Rob. Heaths shoar , &c. At the Court at Greenwich the 1. of June , 1634. King Charls . Lord Arch. Bish . Canterbury Lord Keeper . Lord Arch Bishop of York . Lord Treasurer Lord Privy-Seal Lord Duke of Lenox Lord Marquis Hambleton Lord Chamberlain Earl of Dorset Earl of Bridgewater Lord Vi. Wimbleton Lord Newbrough Mr. Treasurer Mr. Comptroler Mr. Vice-Chamberlain Mr. Secretary Winwood Mr. Secretary Cook. Upon consideration this day had at the Board , his Majesty being present in Council , of a complaint made by the Mayor and Burgesses of Newcastle , against the Ballast-shoars , lately built by the said Sir Robert Heath at Shields upon the River of Tyne , pretending the same to be a great prejudice of the shipping and Navigation , and to the annoyance and damage of the said River , the care & consideration thereof was by his Majesty especially intrusted unto them , ( E ) and upon hearing the allegation on both sides , with their learned Council in the Law , it was thought fit and ordered , that the said Shoar should be finished and backed with Ballast to make it fit for the Salt Works , which for his Majesties Service are begun , and intended to be performed . ( G ) In the first place that the Sea-men should have liberty freely to cast their Ballast there ( H ) without interruption , if they find convenient , none being compelled to it , or hindred from it . That neither those of the Town of Newcastle , nor free Hoast-men ( I ) ( which sel all Coals ) do hinder the same indirectly by denying , or unnecessary denying to carry down coals in Keels or Lighters to the ships which shall cast their Ballast at that Shoar , to the end , this shoar which may be for the safety and incouragement of Navigation and Shiping , may be so used , as the same may neither be prejudiciall to the Town in diverting or withdrawing of Trade , nor to his Majesty in his Customs or Duty , nor hurtful to the said River . His Majesty will refer the ordering hereof to himself , as wel in the particulars aforesaid , as in all other things thereunto appertaining , in such sort as both the Town and Seamen , shall find his Majesties Regall care over them , Sic subscripsit Ex. Majest . See 12 , Chap. 3. 18. ( D. F ) 23 , ( A ) 42. ( E ) It is conceived Orders are no Laws , and the latter Order which contradicts the former , voids it ; So by this of King Charls , voids King James's for the power of the River , in Chap. 12. ( I ) CHAP. XX. Jarrow Slike , &c. ( A ) ON the 4th . of December 1634. certain Lands and Wasts were discovered to the late Kings Commissioners , at the Commissionhouse in Fleetstreet , as belonging to the Crown concealed , especially a parcel of Land or Waste in the River of Tyne , called Jarrow Slike at South-Shields in the County of Durham , which the water at a full Sea covers every Tyde , and is by estimation 300 Acres , a fit and convenient place for ships to cast Ballast at , for many years to come , without any prejudice to the River , and great furtherance of Trade , See Chap. 56. Chap. 34. ( A. B ) The Mayor and Burgesses of Newcastle hearing thereof put in their Claim to the said Commissioners , and alleadged that all that ground belonged to them , with all other grounds to a low-water mark , from the full Sea mark on both sides the River from a place called Sparhawke in the Sea , to Headwin-streams , which is seven miles above Newcastle , being fourteen miles in length granted to them and their Heirs for ever , from King John by Charter , and confirmed by his Successors ; and therefore beseeched time to make it so appear . ( There being no such thing granted , could never make it appear . ) Along time was given them , but nothing appeared as truth of any such Grant , and two years after , upon the first day of July , 1637. they instead of wearying out the Commissioners and Gentlemen that discovered the same , was called to make good their claim , then they became Petitioners to the Kings Commissioners , that they would be pleased to sell that parcel of wast ground called Jarrow-slike to them , and to admit them to purchase the same , for which they would give two hundred pounds , by reason it lay more convenient for them , then any else , but they would give no more money for it . See chap. 18. ( A. B ) See chap. 2. Upon which , one Mr. Thomas Talbot , and Mr. Richard Allen of London gave four hundred pound and got it . The King upon the 27 of November 1637. by his Letters Pattents under the Great Seal of England , confirmed the same Jarrow-slike , and waste ground upon the said Talbot and Allen , and their Heirs for ever , they paying in to the Exchequor five pound per annum , as a Fee-farm Rent , which said ground is in contest between the said Gentlemen , and Sir Henry Vane . If this ground to a full Sea-Mark were really the Corporation of Newcastles . it would have so appeared in the Charter granted by King John , and also they then might have made good their claim , and not to have become Petitioners to purchase the thing which was their own before even as they do in this , so in other things . ) Also if all ground be theirs from a full Sea-mark , why were they Tenants to the late Dean and Chapters of Durham , of certain ballast shores built to the low water-mark , on which all ballast is cast . And if all ground were Newcastles from a full Sea-mark , why should Mr. Bonner , &c. buy the Lady Gibs ground , and build a Ballast-shoar to a low water-mark , and wrong the Town of their right . And why should not Gates-head , and both the shields which are built to a low water-mark , pay Newcastle rent , &c. See Chap. 18. ( B ) 34. ( A. B. ) CHAP. XXI . ( A ) KIng Charles in August in the 13. year of his Reign created a new Corporation of free Hoast-men in Newcastle ( called in English Coale-Engrossers ) and grants a Lease to Sir Tho. Tempest Knight , with others for the selling of all Coals , exported out of the River of Tyne , and to receive eleven shillings , and four pence per Chaldron Custome , and twelve shillings from all strangers which shall be transported over Sea , and to have two pence per Chaldron towards their charge , and power , to seize of all Coals sold by the Owners of such Coals sold ; In which Lease , it is ordered , That if Masters of Ships have not their due measure at one and twenty bouls to the Chaldron , then upon information given , the one half of such Coals and Keels to be forfeited to such Master , and the measures to be looked after by sworn Commissioners , and that this Lease ( Monopoly ) to continue for one and twenty years from January then last past , and that nothing be done or acted by pretence or colour of this Lease to the prejudice of the King. See Chap. 11. ( P ) 8. ( A ) See Stat. 21. King James 3. See Chap. 46. ( B. ) If any such prejudice the people , the King is also prejudiced here , the people cannot sell their own Coals , &c. which is a prejudice . See his Oath Chap. 59. ( A. ) CHAP. XXII . ( A ) KIng Charles in June following in the fourteenth year of his Reign , incorporates another Company of Coal buyers , namely Mr. Tho. Horth , and other Masters of ships , to buy all Coals exported out of the Ports of Sunderland , the River of Tyne , Newcastle , Blith , and Barwick , paying to the King one shilling per Chaldron Custome , and to sell them again to the City of London , not exceeding seventeen shillings the Chaldron in the Summer , and nineteen shillings the Chaldron all the Winter , provided they had a free Market , and a just measure at Newcastle , &c. which they were debarred of by reason of the foregoing Lease granted to Sir Thomas Tempest . See Chap. 11. ( P ) CHAP. XXIII . ( A ) KIng Charles in July following , grants another Pattent to Mr. Sands with others , for the farming of the Customes of one shilling aforesaid upon every Chaldron , at the yearly rent of ten thousand pounds , by this you may see no small quantity Issues out , &c. See chap. 11. ( B ) But there are some other Gentlemen which hath this benefitial Lease at present , namely Sir John Trevor , with others , who payes ( as I hear ) one thousand four hundred pound per annum , ( having some yeers yet to come in the Pattent ) I wish the poor had it after them at the rent of five thousand pounds per annum . And it is the judgment of wise men , that those Gentlemen are wanting of many hundreds of pounds per annum , which might be made as well as the former , &c. CHAP. XXIV . Die Jovis Octob. 8. 1646. By the Committee of Lords and Commons for the Admiralty , and Cinque Ports &c. WHereas the Committee hath been petitioned by Barbery Hilton Window , on the behalf of her self , and divers Masters of Ships , trading to Newcastle , whose names are here subscribed to the said Petition , that the Petitioners may receive the benefit of loading and unloading at the Ballast-wharf , erected at Shields , about seven miles from Newcastle , as tending to the good and preservation of shipping , &c. For that by reason , the River is wrecked up with sands , and sunk ships , that ships of great burdens cannot passe up without hazard and danger of losing , which liberty as by their Petition is set forth , they enjoyed for sixteen yeers past untill of late the Mayor and Commonalty of Newcastle have enforced them to come up to their own shoars . Now for as much as this matter , as it is represented unto the Committee , may tend much to the security of ships , the advancement of Navigation , and encouragement of Trade , ( E ) It is Ordered therefore , that the Petitioners shall be at liberty to load and unload at the Shields as is desired , and directed , untill other Order in that behalf be given . And if the Magistrates of Newcastle , and such others as is therein concerned , shall hereafter desire to offer reasons to the contrary , this Committee will be ready to hear them , and to do therein , what shall stand with Justice . See chap. 19. ( G , H , I ) Warwick , Alex. Bence , Salsbury , Jo. Roll , Esq . Bence , Ed. Prideaux , Giles Green. It is conceived this Order voids King James Orders for preservation of the River in the Two and twenty Articles , and confirms King Charles , &c. See Chap. 19. CHAP. XXV . At the Council for Trade at White-hall , Septem . 26. 1651. ( A ) IN pursuance of a reference of the Council of State of the 8. of Feb. 1650. to take into consideration the Petition of some Captains and Masters of ships , with others trading to Newcastle , with a paper of their grievances annexed to the same , setting forth . &c. See 12. Chap. the 19. and 24. Ch. ( B ) That in case of any disaster to ships after extremity of weather , or otherwise , though in great distresse . See Chap. 29. ( C ) 30. ( A , D , S ) 33. ( A ) ( C ) Are debarred to take the assistance and help of any other neighbouring Ship-wrights , and Carpenters of their own hired servants , who they have entertained in their ships for their Ship-Carpenters . See Chap. 36. ( A ) 38. ( C. ) ( D ) But are constrained either to carry their ships to Newcastle , or to remain there in perril , till one be sent for , or procured from Newcastle , who will not come upon reasonable tearms . See Chap. 30. ( B ) 38. ( A , B. ) ( E ) complaining also that the Town will not suffer them according to ancient Liberties and Customes , to heave , and cast out Ballast at convenient and sufficient shoars where they may do it without endangering their ships . See chap. 29. ( C ) 30. ( A ) 32. ( D ) 35. ( B ) 41. ( A ) 43. ( D ) 44 ( A. ) ( F ) Nor to load , nor unload , where they may with safety perfom it . Notwithstanding some orders heretofore to that end obtained from the late King , and from the Parliament , but are most injuriously forced to carry up their ships to Newcastle through most dangerous parts of the River by reason of Sands , Shelves , and divers * sunk ships in the way , with other particulars to the like purpose . ( H ) The Council having taken the said papers into consideration , and it appearing that the said Town of Newcastle , however , they justifie not the hindring of any Master to make use of his own hired Ship-Carpenter , coming along with him in the said ship , do notwithstanding justifie the hindring of any other Ship-Carpenter to work or assist him , if not a Free-man of their Town , and do claim the sole imployment of their own free Ship-wrights within the whole Port of the said Town . See ch . 12. ( I ) 29. ( C ) 31. ( A ) 34. ( C ) 32. ( C. B ) 35. ( A. B ) 38. ( A ) 49. ( A ) 50. ( C ) . ( I ) As also do justifie the sole erection , keeping and heaving of all the ballast-Shoars within the said Port , ( K ) And the hindring any person to load or unload at any place of the said Port , save at the said Town , or as near it as conveniently may be . ( L ) This Council having further received the Depositions and Examinations of several Marriners and Masters of ships belonging to the Town of Newcastle , and others also of the Town of Ipswich ; and having also advised with some Masters of ships , antient and experienced Traders sent and chosen by the Trinity-House of London , with some others , do after full debate had , and hearing at divers meetings the reasons on both sides alleadged , offer , See ch . 33. ( A ) 38. ( A. B ) 56. ( A ) ( M ) That the said practice of the said Town of Newcastle , in debarring Masters of ships to make use , within the River of Tyne of what Ship-Carpenters they please , or find fittest for their own conveniency , and in constraining them to use onely the free Ship-wrights of the said Town of Newcastle , is very prejudicial to Trade and Navigation , See ch . 33. ( A ) 38. ( A. B. C ) ( N ) That it hath appeared to this Council , notwithstanding any thing to the contrary alleadged , &c. that through the Winds , Rains , and other casualties washing down the Ballast of those that are called the Town of Newcastles Shoars , having been a great newsance and prejudice to the River , and in the higher parts thereof . See ch . 34. ( C ) 35 ( A. B ) ( O ) And that the practice of the said Town of Newcastle in constraining the said Masters of ships to come up the River and to heave out their Ballast at the Town shoars only , ( P ) and hindering them to load Coals and discharge their Ballast where they may with safety perform it , as well to the Road-stead it self , as to their shipping ; is a damage and inconveniency to Trade and Navigation . See ch . 34 ▪ ( C ) 44. ( A ) 41. ( A ) 44. ( E ) 32. ( D ) 43. ( D ) 29. ( C ) 31. ( A ) ( Q ) To hinder any ships to buy or take in at any place of the said Port , Bread and Beer , for their own spending and victualling , is also a very great hinderance to Trade and Navigation . See chap. 48. ( A ) 49. ( C. D. G. ) 50. ( A ) 51. ( B ) 44. ( E ) 29. ( A ) ( R ) That notwithstanding for the better regulating such farther Liberties as shall be granted , in the granting of the said Provisions , building of Ballast-Shoars , defraying the charge , and for the preservation of the River for the future , be intrusted into faithful , able mens hands to see the same put in execution , as to the wisdom of the Parliament shall be thought fit , &c. John Johnson , Clerk. pro tempore . CHAP. XXVI . A Judgement at the Common-Law obtained against Newcastle , &c. ( A ) THomas Cliff a Ship-Carpenter , who hath been very instrumental in saving many ships from sinking , and at easie rates , for his working upon a ship in the same River of Tyne in the year 1646. had got a ship off the Rocks with the help of his Servants , and other Work-men , for which the Mayor and Burgesses of Newcastle sent down Sergeants with other Burgesses to the Town of North-Shields , which is in the County of Northumberland , to bring the said Cliff and Servants to their Prison , in which service the said Sergeants killed his Wife , brake his Daughters Arm , and ●ed his Servants to Prison * , as you may read , Chap 36. And then sued the said Cliff by an English Bill in the Exchequer , and held him in suit five years and upwards , the Suit being commenced in the name of the Mayor and Burgesses of Newcastle Complainants , against Tho. Cliff Defendant , the Merchants and Burgesses of that Corporation came in as witnesses in their own Cause , as you may find upon Record in the Exchequer , where they were examined , in the year 1649. Janu. 27 , by vertue of a Commission , &c. also they were cross examined , &c. which said Suit was transferred to the Common Law , and to be tryed at York Assizes in Hillary 1651. the Verdict went for the Defendant Cliff , which said Judgement expresses that the Mayor and Burgesses ought to be severely fined , &c. for their unjust claim in that Port of the River of Tyne , and shall pay 30 l. costs , &c. which said Bill is in the Office of Pleas in Lincolns-Inn , &c. See chap. 19. ( C ) 24. ( A ) 25. ( A ) 54. 28. CHAP. XXVII . To the Supream Authority , The Parlament of the Commonwealth of England . The humble Petition of Ralph Gardner of Northumberland , Gent. in behalf of himself and many others , whose desires are thereunto annexed . &c. Sheweth , ( A ) THat many great Complaints of grievances and oppressions presented to the Council of State , in the year 1650. in writings by many Captains and Masters of Ships , with others , against the Magistrates of Newcastle upon Tyne in relation to Trade and Navigation . The Council of State , by Order transferred the same to be examined by the Council for Trade , and after a long Debate at several times , divers Witnesses were sworn , and Counsel had on both sides . The Council for Trade drew up a Report thereupon , to present to the Parliament , conducing much to the good of Trade and Navigation , which said Report hath lyen dorment ever since , to the great detriment of the Commonwealth in the excessive prizes of Coales and otherwise . Your Petitioner humbly prays , That those Reports and Papers may be called for , and reviewed , and these annexed desires inserted , to do therein as to Your Wisedoms and Justice shall seem meet . And as in duty bound shall pray , &c. Ralph Gardner . Henry Ogle , 29 Sept. 1653. Gardners Desires to the Parliament . ( B ) THat North-Shields be made a Market Town , it being seven miles from Newcastle , and twelve miles from any Market in the same County , which would relieve the Garrison of Tinmouth Castle , the Inhabitants which be thousands , the great confluence of people resorting thither , the great Fleets of ships daily riding there would further them to make many more Voyages in the year , save Boats and mens lives , which are often in danger of being cast away in stormy weather * , also by which means the people would be releived with provisions during the time the River is frozen , and half in half cheaper than from the second hand , besides the lost of a daies labour , and great charge to the poor in going by water in boat-hire , and save the life of many a man and beast from falling into Coal-pits , which lies open after the Coals wrought out , being covered with snow , &c. See chap. 29. ( A ) 48. ( A ) 49. ( B ) 50. ( A ) 51. ( A ) ( C ) That the Mayor and Burgesses may no more imprison poor Artificers onely for working upon their Trades in or about the River , See chap. 36. ( A ) 38. ( A. C ) ( D ) That they may not cast men into prison for saving of ships from sinking , nor keep men in prison till they give them Bond never to work upon their Trade again . See ch . 33. ( A ) 36. ( A ) 38. ( A ) ( E ) That they may not force all goods brought in by Sea for the Salt and Coal-Works use , at and near the Shields , to be carryed up to Newcastle where there is no use for the same . See ch . 50. ( F ) That the Coal Owners of Northumberland and County of Durham may have free liberty to sell their own Coals to ships , and not to be inslaved by the free Hoast-men of the Town of Newcastle . ( G ) That any person may have liberty to build ships and vessels in the River of Tyne , without the molestation of the Magistrates of the Town of Newcastle , for the increase of Trade and Navigation . ( H ) That no Masters of ships may be imprisoned for refusing to swear against themselves , according to the practice of the Star-Chamber , it being a great discouragement to Trade , and disquieting of the spirits of many consciencious persons , &c. See chap. 39. ( A ) 49. ( I ) That all unreasonable and arbitrary fines may be mittigated as shall be agreeable to Justice and Equity . See ch . 41. 42. ( A ) ( K ) That no more ships may be compelled up the dangerous River seven miles , whereas they need to go but one mile : never any Coals being to be had at Newcastle , which would save many ships from sinking , and cause them to make upwards of three Voyages in the year more than they do , which would cause two or three hundred thousand Chaldron of Coals more to be sould , and the excessive prices to fall under twenty shillings the Chalder all the year , See ch . 29. ( C ) 32. ( C ) 31. ( A ) ( L ) That the trust of the River of Tyne be put into faithfull Commissioners hands , the Mayor , and Aldermen , and Commissioners of Newcastle having betrayed the trust reposed in them for conservancy thereof , that whereas within in this twenty years above twenty ships of the burden two hundred Tuns rid a float in most Roadsteads in the said River , now not above four of the same burden at low water . See chap. 12. ( ● ) 34 , ( C ) . 35. ( A , B ) ( M ) That their Charters granted to their Corporation may be called in , and viewed , and other Grants and Orders granted by King James , and what is found offensive to the Commonwealth may be repealed , as it now stands , proves destructive to the peoples right . Septem . 29. 1653. All which are presented to your Honours to do therein as God shall direct you for the good of his people . Ralph Gardner . Tuesday October ● . 1653. ( N ) THe Petition of Ralph Gardener of Northumberland Gentleman , in the behalf of himself , and many others , whose humble desires are thereunto annexed , being this day read , the Committee conceives it proper for the Committee for Trade , and therefore do recommend the same to their consideration . Anthony Rous. At the Committee for Trade and Corporations , sitting at Whitehall , Octob. 18. 1653. ( O ) WHereas a Petition hath been exhibited to this Committee by the said Ralph Gardner of Northumberland Gentleman , in the behalf of himself , and many others , complaining of several grievances , they sustain by the Corporation of the Town of Newcastle ; It is ordered , that the said Petition , and complaint be taken into consideration by this Committee on Tuesday the 15. of November next , whereof the Mayor and Corporation of Newcastle aforesaid , are to have convenient notice . Samuel Warner . ( P ) The Mayor and Burgesses of Newcastle Petitioned the Committee beseeching their honours for a copy of the Petition and paper exhibited , and to grant them fourteen dayes time longer , to make their defence , which their Honors granted , but ordered their Agents to attend the 15. day of Novem. to hear the Witnesses on the Commonwealths behalf , examined , and to receive what further should be brought in by way of charge against the Corporation , by reason a great trial was had before their Honours , with the late Farmers of the Customes , which took up all that day , the eighteenth day was appointed for Newcastles businesse , on which day most of the Witnesses were examined upon this following charge , and proved it in presence of the Corporations Agent , and when they were all dismist and gone , the Agent desired further time , and the Witnesses to be crosse examined , to which the honourable Committee replied , that further time they would not give in a matter of so high concernment , and it was too late to crosse examine the witnesses , he not desiring it when they were there , and he present , but granted him a copy of the charge . CHAP. XXVIII . The Heads of the Charge exhibited by Ralph Gardner of Northumberland Gent. to the Committee for Trade and Corporations , against the Mayor and Burgesses of Newcastle , 1653. ( A ) THat the Mayor and Burgesses of Newcastle upon Tyne , have , and do imprison Artificers , only for their working upon their lawfull Trades . ( See Stat. 1 , 1301. ) ( B ) That they do force Masters of Ships to cut purses , in their open Court for gain to themselves , and imprisons them if they refuse . See Stat. 8. Eliz. 4. ( C ) That they force all Masters of ships to swear against themselves , and notwithstanding they have swore the truth , others are called in to swear against them , which is for a Fines sake , which profit accrues to the Mayor , Burgesses and witnesse for their own use . ( D ) That they do impose Arbitrary Fines so excessively , that without payment is committed to prison , which said Masters are there detained till the said Fine bee paid . ( E ) That they have robbed people in their open Markets and in passing through the Town , of their goods , alledging foreign bought , and foreign sold , all people not being free of that Town are reputed foreigners . ( F ) That they have imprisoned men for saving ships fom sinking , and detains them till compound , whose poor wives , and children are ready to starve , also keeps them in prison till they enter into bond never to work upon their Trades again . ( G ) That they of that Corporation have taken an Oath amongst themselves not to work with , nor imploy any un-freemen , but to suppresse all such from working in that Corporation , or the whole River of Tyne . ( H ) That they do imprison poor Masters of ships for letting their ships from sinking , and denies bayl . ( I ) That they seize of all such goods as any poor Master doth save when their ships are sinking , which is all the poor Master hath left in the world to relieve his wife and family , and poor Sea-men . ( K ) That when any ship is sinking , though seven miles from Newcastle , none must help to save her , but Newcastle-men must be sent for , who comes at leasure , besides having his demands which is excessive . ( L ) That they ingrosse all Merchandize , and other dead victual , and provision which comes in by Sea , and then forces the Countries to give them their own rates for what they want . ( M ) They will not suffer any Provisions to be bought at Shields , or any Market to be there , notwithstanding people are often drowned in going and returning from Newcastle Markets , and also many are ready to starve in the Winter season by reason the River is then frozen up , and so become Innavigable . ( N ) That they by Ingrossing all Corn into their hands have kept it to so excessive Rates , that the poor could not buy it , but have been constrained to eat beasts-blood , baked instead of bread . ( O ) That by such hoarding up the corn , and the people not able to buy the same being so dear , many country people were necessitated to eat Dogs and Cats , and to kill their poor little Coal-horses for food . ( P ) They have hoarded up so much corn , and keeping it for such excessive gain , that in the very time of scarcity and misery amongst the people many have been found starved to death in holes , hundred bouls of corn were cast into the River , being spoyld with the Rats , and rot , the very Swine could not eat it . ( Q ) That they will not suffer any of the Coal Owners in any of the two Counties to sell their own Coals , but the owners must either sel their Coals to the free Hoast-men , at what price they please , and then all ships must give them their own price , or get none , which makes Coals so dear . ( R ) That no ship shall be loaden with Coals , &c. that will not do what the Mayor and Burgesses commands them , by going up the River seven miles with ballast to their great losse of time , and hurt of their ships . ( S ) That ships have been often ten or fourteen daies in sailing up and down the River onely to discharge their Ballast , they for the most part taking in their loading at Shields . See chap. 32. ( C ) ( T ) That other ships which have taken in their loading at Shields , with Coals and Salt have made their Voyage to London and back , before such ships which were so compelled to Newcastle , could get ready , and ordinarily is the cause of their loss of three Voyages in the year , by such compulsions . See chap. 32. ( D ) ( U ) That they force all ships with materials brought in by Sea for the absolute use of the Salt-Works and Coal-works , at and near Shields , to be carryed to Newcastle , and laid out upon their Key , though they have no use for the same , and the customs being already paid , and Officers at Shields attending ; often the boats that fetches them sinks in returning to Shields . See chap. 50. ( C ) ( W ) That ships have often sunk in returning empty from Newcastle to Shields , there being nothing to be had at Newcastle , and such ships are onely to take in Salt or Coals at Shields : No Salt to be got elsewhere , but at Shields in that River , and thereabouts . See chap. 29 , 30 , 32. ( X ) That they will not tollerate any Seaman , though never so able a Pilot to guide a strangers ship into the River , over Tinmouth-Bar , though he be in never so great distress , but a Free-man must be sent for from Newcastle , there being but two at Shields , by means whereof the ship is often ready to be lost before any can get seven miles up , and seven miles back again . See ch . 32. ( A ) ( Y ) That they force all ships , though never so long , great , or weak , to sail up the River , to cast out their Ballast upon their Shoars , for the gain of Eight pence for every Tun a ship carries , which is an Arbitrary Imposition ; see chap. 32. ( B. C ) it formerly being but Four pence . And one ship with another carrys an 100 tun every voyage , &c. See ch . 29. ( C ) ( A B ) That they force Masters of ships to pay for Eighty tun , when indeed they have but Forty tun , and so oppress the poor Masters , whereby the price of Coals must needs be enhanst : See cha . 44. ( A ) ( A F ) That they have spoiled the River with their Ballast Shoars , by ships sinking in sailing up the River , and returning back , Their ballast-Shoars being so full , and heavy , and hilly , that every showre of Rain , and storm of Wind doth blow and wash down the ballast into the River , besides the weight in pressing down the walls t● the great prejudice of the Commonwealth ; by the obstruction of the River , and endangering of shipping . See chap. 34. ( A ) 35. ( A. B ) ( A. G ) That by the negligence of the Commissioners for the River , above Three thousand Tuns of ballast have fallen into the River in one Nights time . See ch . 34 ( C ) . None taken up , &c. ( A. H ) That within this Twenty years , where Twenty Ships of a certain burden could have rid afloat in most Road-steads in the River at a low water mark , now not above Four ships can ride afloat , &c. See chap. 35. ( B ) ( A. I ) That ships have made Twelve Voyages in the year , within this 20 years , when they had liberty to cast their ballast at Shields , and now they make but Four or Five Voyages only , being obstructed by the Mayor & Burgesses of Newcastle , in compelling the ships up the River , seven miles , to cast out their ballast upon their own Shoars , &c. See chap. 32 ( D ) ( A. K. ) That they will not suffer any Ballast-shoars to be built at or near the Sheilds , by reason the owners of the ground wil not sel it to them , notwithstanding there are convenient places for Shoars for above this hundred years to come , without any prejudice to the River , and to the great advantage of the Commonwealth , See chap. 29. ( C ) ( A. L. ) That they do hinder the stock of the publick Revenue above Forty thousand pounds per an . in Customs , decla●● . See Chap. 45. ( B. E. F. ) 32. ( D ) ( A. M ) That they do hinder a trade all the Winter season , by reason neither ships nor boats can pass up the River , which is often frozen below the ballast-Shoars , called the Bill-point , and half down the River , it never freezeth lower . See ch . 35. ( B ) ( A. N ) That the Mayor and Burgesses of Newcastle have combined and made new Ordinances amongst themselves , that what free Hoast-men or filler of Coals , shall sell any Coals to such Ship-Masters as shall cast any ballast at Shields , and not upon their own ballast Shoars , shall forfi● and pay 20 l. a time , or lie in prison till the same be paid . See ch , 43. ( D ) 30. ( D ) ( A. O ) That all such Coals as shall be sold , and not being free of that Corporation shall be confiscated for the Corporations use . See 21. Chap. ( A ) ( Some say if what is here alledged be nothing but the truth it were pity , but they should receive judgement according to their respective offences , but if it appear otherwise , it were pity , but the evidence upon oath , with my self , should receive the same judgement . ) ( A. P ) That the Mayor and Burgesses by having betrayed the trust reposed in them by King James , in the two and twenty Articles for the preservation of the River of Tyne , have forfeited all that Corporations liberties into the States hand , by the exorbitant abuses committed , and neglect in not putting them in execution . See chap. 13. ( A ) 34. ( C ) ( A. Q ) All which said charge was proved upon Oath before the Council at White-hall , 1650. And the Committee for Trade and Corporations at White-hall in November 1653. And Order was given that Mr. Thomas Skinner be desired to draw up an Act for a free Trade in that Port and River of Tyne , to present to the Parliament . See Cha. 54. ( which Act was intended . ) Whether it be consonant to Religion or reason , that these things so perpetrated aforesaid , against the good of a Commonwealth should be neglected , and in not being timely regulated , I refer to better judgements . Ralph Gardner . ( A. R. ) Mr. Mark Shafto , Mr. Ralph Jennison , Mr. Robert Ellison , Mr. Tho. Bonner , the Recorder and Aldermen of Newcastle , with Mr. John Rushworth , one Maddison , and one Michael Bonner , with many more of the Burgesses , appeared at White-hall on the 29. of November , being the day appointed for the Town to plead to the charge , they having had the copy of the charge , where the full Committee was met , and many Parliament-men more , where the Petition , the charge , & the desires were read , to the foregoing Gentlemen . ( A. S. ) The Corporation , Agents and Aldermen humbly begged ten weeks longer time , by reason they were not ready , nor prepared to answer the charge , for it struck at all that was neer and dear unto them * . And hoped the Town would not be surprised , and that they did conceive Mr. Gardner had sent down that order to affront the Town , by reason it was dropt at the Mayors door by a boy ; And that there was a Paper printed by Mr. Gardner which was as full of lyes , as words , which did conclude them , and dishearten their Witnesses , also that the Scots having tumbled their Records , could not draw up an answer in so short a time . ( A. T. ) In answer to the Town , it was humbly moved , their Honours would give no longer time , by reason it was the day set , and agreed upon , that they of the Corporation should plead , and that it was no new matter insisted upon , but what was debated at that Board two years before , the Records and Judgement given against Newcastle being in their Honors custody , and that they were as wel able to plead then , as at any other time , and if there were any new matter it should be withdrawn , and was willing to joyn issue upon the former Judgement granted two years before , at the same Board . The Towns Agents altogether refused that , and hoped their Honours would not insist upon the former Judgement , but to give them longer time , they not being ready to plead to the said charge , nor came prepared upon the earnest solicitation of the Towns Agents : The Committee told them , that if they would deal clearly and candidly with them , as to give in writing under their hands such an Answer to the charge as they would stand and fall by , then they would give them their own time , if not , then they would record that fair motion , and that they must plead by reason they appeared , and entred upon a plea , and their work was very short , for all that they had to do , was to plead Guilty , or not Guilty ; if guilty , then to make it good by what Law they did such things as was laid to their charge , ( and if not guilty , then it was left to Mr. Gardner to prove his Charge , ( who indeed had proved all sufficiently ) and therefore would give no more day , what ever , then the 13 of December , and Mr. Gardner left free to bring in what more he had to charge them with ; Upon the 12 day of December , the Parliament was dismissed . But the Honourable Committee met in White-hall , and drew up another report , and signed the same against the Corporation of Newcastle , and would have presented the same to his Highnesse the Lord Protector . But I conceived to give a Narrative was better , though it be large , yet such things as are pertinent , might be sooner collected being put together , and more satisfactory to all hands , then lying in several Courts distractedly , not doubting , but thereby to reap the fruits according to my labour , I not in the least dispairing , and am satisfied with the change , desiring God to go along with him in all his Highnesse undertakes . CHAP. XXIX . Depositions . Ships upon Sands ; Others sinking , others sunk ; Boats , and Provisions cast away , and people drowned , &c. and others cast into Prison for saving ships from sinking . All done at Newcastle , by Order of those Magistrates , * all Wreck being given them by Charter . ANdronicus * the Tyrant , and also an Heathen King , being overcome with a reluctancy of heart , seeing the miserable condition poor Merchants and Sea-men were in after Ship-wrack , ( and should receive so bad a reward from people , whom they came to for help or shelter ) by having their goods seized on , their throats cut , and no relief afforded by those that got all the Sea had cast up for succour , they never taking any pains for the same ; made a law , whosoever took a bit of wreck for their own use should be put to death , but that all should be preserved for a time , or the worth , for the right Owner , and if not looked after by the Owner , then for such , as were sufferers by shipwrack for the future , and the people paid for their pains in saving of it . For which Law they were cannonized . Let not Tyrants and Heathens out-strip us in Mercy and Justice . This Law we want . ( A ) Mary Hume ▪ upon her Oath said , That all Ships and Boats , are compelled by the Mayor and Burgesses of Newcastle , to sail up the River to their Ballast-shoars and Town , with all manner of victuals which are brought into that River , and will not suffer any Market to be at Shields which is seven miles from them , and twelve miles from any other Market Town in the same County , and that they compel all people to their Markets . * By which means , the hath known many ‖ Ships and Boats cast away , in the said River by stormy weather . ( Read Stat. 27. Edw. 1. * ) See Chap. 49. ( B ) * ) Chap. 10. ( S ) ‖ 31. ( A ) ( B ) She the said Mary further affirms , that she hath known many people drowned , and Boats cast away in stormy weather in that River , and provisions . And that in or about the year 1650. one William Rea of Shields was drowned in coming from Newcastle Market . Also a young Gentleman , son to Mr. Snape Minister in Northumberland , was drowned in that River , both which , were found and buried at Shields , but no Coroner * viewed their dead bodies , which she hath heard should have been done by Newcastles Coroner , being tyed to it by Charter . See chap. 10. ( O , P ) Also William Grays mother in Law , of North-shields , in going to Ma●ke● was cast away , &c. Mary Hume . ( C ) J●hn Mallen Master of a Ship , upon his oath said , That the Mayor and Burgesses of Newcastle , do deny to load any ships , nor suffer any others to load them with Coals , who refuse to sail up that dangerous River seven miles to cast out Ballast upon their shoars , which compulsions causeth the losse of many ships * and vessels in that River amongst Sands , Shelves , and sunk ships , it being meerly for the gain of eight pence per tun of Ballast . See chap. 31. ( A , B ) 32. ( B ) * ( D ) That he this Deponent was in company with one Mr. James Beats , of Alborough , who was Master of a new ship , being compelled to sail up the River to cast out his ballast upon their unlawful Ballast-shoars . And in returning to Shields to take in her loading of Coals , in the middle of the River his ship sunk , and none durst help to save her for fear of being imprisoned , as others were for the like , nor to weigh her up again . See Chap. 30. ( A ) ( E ) The Free-men came and required a greater summe * to weigh her up , then she was worth ; so the poor Master was forced to leave her upon small termes . But soon after , they got her up , and set her to Sea for their own use , which the said Master Beats might have done the like , if those of Newcastle would have tollerated the Un-freemen to work , who were as well able to perform that service . See Chap. 30. ( F ) 36. ( A ) * Stat. 2. Ed. 6. 15. * All Wreck is given to them . See Chap. 10. 8. John Mallen , Thomas Heislewood . CHAP. XXX . ( A ) THomas Gosnal Master , affirms , that the Mayor and Burgesses of Newcastle , by compelling all ships up that dangerous River of Tyne seven miles , is the cause of the losse of many ships ; and that Mr. Cason lost his ship upon the Bill-point which sunk , but by weighing her up again , it cost him near two hundred and fifty pound . All which might have been saved , if ships could be tollerated to cast Ballast at Shields . See Chap. 25. ( B ) Chap. 10. ( S ) 32. ( C. E. ) Thomas Gosnal . ( B ) Edmund Tye of Ipswich , Senior , upon his Oath said , That being with his ship laden with Coals , riding at Anchor at Shields with the Fleet of ships ready to put forth to Sea , his ship sunk by a sad disaster to his undoing , being most of it his own , and in the time of sinking , procured help to save what goods he could , for relief of himself , and Sea-men , who had saved to the value of one hundred and fifty pound , and sent them on shoar to Shields in the County of Northumberland . * The Mayor and Burgesses of Newcastle ( C ) Sent down their Officers , and seized of all his goods , and sent them to Newcastle , and carried him , this Deponent , to their Prison , and kept him above six months , because his ship sunk . The Goods and Ship were worth about eleven hundred and fifty pound , and would detain him in Prison till he did weigh up the said ship , who had not wherewithall to relieve himself , Exod. 22. 21. Notwithstanding they were certified so much under the Bayliffs hands and Town-Seal of Ipswich , and had continued him longer , if he had not procured a Habeas Corpus for his removal to London . See Chap. 25. ( B ) 10. ( S ) Stat. 3. Edw. 1. 15. 34. 14. Rich. 2. 9. 23. Hen. 6. 10. Edmund Tye. ( D ) Thomas Heislewood of London , Master of a ship , upon his Oath said , having taken in his ships loading of Coals in the River of Tyne , was putting forth to Sea with the Fleet , but by a storm was cast a shoar neer Tinmouth-Bar , and in great danger of their lives which were on board of the the said ship , and was constrained to cast his Coals into the Sea , and thereby got his ship to Shields , where she lay like a Wreck , the water having free passage in and out . ( E ) He this Deponent got on shoar , and repaired to one Collier a free Carpenter of Newcastle , desiring him to mend his ship , and for hastes sake , he would procure thirty or forty of his Neighbors , Masters of Ships Carpenters to help him , but the said Free Carpenter replied , that he had taken an * Oath in Newcastle with their Company , neither to work with any Unfree Carpenter , nor to set any on work , by which means , he this Deponent was constrained to patch up his ship with his single Carpenter , and adventure to London to get her upon the stock , where he , and his company were in great hazard of their lives , and losse of the ship . See Chap. 10. ( S ) See Stat. 19. Hen. 7. 7. ( 2 Edw. 6. 15. * ) Tho. Heislwood . ( F ) Henry Harrison Master , upon his Oath said , that his ship was laden with Corn , coming in at Tinmouth-Bar , lost her Rudder or Steerer of his Ship ; He this Deponent desired another of a Free-man of Newcastle , who would not furnish him under forty shillings , * but this Deponent got a good one of an Un-freeman , one Thomas Cliffe of Shields Carpenter . See Chap. 29. E. 36. ( A ) Henry Harrison . CHAP. XXXI . ( A ) MIchael Bonner of Newcastle , Merchant , and Water-Sergeant in Janu. 1649. being examined upon Oath * at Gates-head by vertue of a Commission in a cause depending in the Exchequer between the Mayor and Burgesses Complanants , and Thomas Cliffe Defendant , said , That a ship called the Adventure of Ipswich which was sunk in the year 1646. ( Mr. Thomas Casen being Master ) one other ship called the Providence of London ( Humphrey Harrison of London being Master , ) which sunck in the year 1649. One other ship called the Refuge of Ipswich , sunck in October 1649. ( Mr. Edmund Tye being Master . ) Another ship called the Henrietta Maria , sunck in the year 1644. All which ships were weighed out of the River of Tyne , at the sole charge of the Mayor and Burgesses of Newcastle Michael Bonner . Some calls this Deposition Perjury , * but I refer it to the judgement of the Reader that reads the following Deposition , which proves that most of the abovesaid ships lye sunck , and did three yeers after the Deposition . See Stat. 5. Eliz. 9. * ( B ) Cap. George . Phillips of London , upon his Oath said , That there lyes several ships sunck in the River of Tyne between Sparhawk and Heborn Steath , namely the Adventure * of London ; Humphrey Harrison of Sunderland late master , sunck in , or about the year 1649. One other ship called the Refuge of Ipswich sunck in October 1649. at Shields , ( Edmund Tye the late master . ) One other ship called the Henrietta Maria sunck in the River , in , or about 1644. And one other in the South Road , late belonging to Mr. Bulman . And also one other ship belonging to a Scotch-man , lyes sunck neer unto the low Lights . And that the chiefe cause of ships sinking in that River is , by being compelled by the Mayor and Burgesses of Newcastle to sail up that dangerous River to cast Ballast upon their unlawful Ballast shoars , for the gain of eight pence for every Tun so cast out . George Phillips , and Tho. Hesilwood proves the like . CHAP. XXXII . ( A ) GAwen Pots affirms , That no strangers ship whatever , though she be in never such great distresse and sinking , must be pylotted into the River by any other Sea-man , then a Freeman of Newcastle : In the intrim one is sent for ( being sixteen miles forward and backward ) often , either she is lost , or driven by storm away . Many others proved the like . ( B ) Jeremiah Law , Master of a ship , upon his Oath , 1650. said , That the Mayor and Burgesses of Newcastle , compelling all ships up the River to their Ballast-shoars amongst the dangerous Sands ▪ Shelves , and sunck ships , is the cause of much harm and losse of many ships , and losse of many Voyages in the year ; besides losse to the State , and spoyl of the River , it onely being done for the lucre of eight pence for every Tun of Ballast to some private persons , which brings them in many thousands of pounds in the year , and that there are many sunck ships in the River , between Sparhawk and Hebourn Steath . See Chap. 29. ( C ) Jeremiah Low , Mr. Phillips , Mr. Hesilwood , Prove the like . ( C ) John Mallen Master of a ship , upon his Oath said , That by the Mayor and Burgesses compelling ships up the River to their Ballast-shoars with their Ballast , was the cause of Mr. Tye , and Mr. Worses two ships running on the Sands neer Jarrow , where they were both in great danger of being lost . Mr. Yaxleys ship in a condition of sinking , but three unfree Carpenters being ready , saved her , Mr. John Willy in the like condition . Cap. George Phillips was fourteen dayes in getting up and down to Shields , by which means much damage is done to their ships , and losse of several Voyages , and Trade is obstructed . Capt. George Phillips , Mr. Hesilwood , Mr. Cason , Mr. Mors , Mr. Yaxly , and Mr. Willey , Prove the like . ( D ) Mr. Keeble , Master of a ship , proves , that himself , with many other Masters of ships , namely Mr. Wright , &c. have made twelve Voyages in the year when they cast Ballast at Shields within these twenty yeers , and doubts not but by Gods blessing to make as many again , if the ships be allowed to cast Ballast there , which may be done without hurt to the River , and more safety to ships , and a great revenew to the publick . Whereas now , being compelled up to Newcastle shoars , which hath spoyled the River , they cannot make above four , five , or six Voyages in the year at most , which is many thousand pounds per annum losse to the State in Custome . Keeble . ( E ) Henry Robinson upon his Oath said , That being compelled by the Mayor and Burgesses up the River to their Ballast-shoars , his ship set upon a Sand , and broke her K●elson , to his great damage , and losse of Voyage . And that Mr. Cason his ship , set upon the point of the Bill , and overset , which cost him two hundred and forty pound the recovering of her again , besides the losse of Voyage . Thomas Gosnal proves the like . CHAP. XXXIII . ( A ) THomas Cliffe upon his Oath said , That in April 1646 Arthur Lyme Master of a ship , being in the River of Tyne , his ship in great distresse and danger of sinking , obtained the present help of three ship Carpenters which were ready at hand to save his ship from sinking . And because they were not Free-men , the Mayor and Burgesses of Newcastle , sent down several Carpenters belonging to Newcastle , to force them from work , and carried them away to Prison , with the said Master for setting them on work , no Tryall at Law was had , or other offence committed . Tho. Cliffe . CHAP. XXXIV . ( A ) Bigs upon his Oath said , That all the ground * on both sides of the River of Tyne to a full Sea-mark , is the right of the Town of Newcastle , and belongs onely to the Mayor and Burgesses , all the way from Sparhawk to Headwin streams . And that he knoweth the same by reason he hath seen often the Water-Sergeant of Newcastle ( by name Charles Mitford ) Arrest men , both Masters and others . This Deposition was taken in behalf of Newcastle at Gates-head in Jan. 1649. in the suit between the Town and Cliffe , and remains in the Exchequer . Bigs . Some calls this also Perjury , but it is left to the judgement of the Reader in reading the next Deposition . See Chap. 18. ( D. F. ) Stat. 5. Eliz. 9. * ( B ) William Gibson of Newcastle Merchant , in Jan. 1649. at Gates-head upon his Oath said , That the ground on both sides of the River of Tyne , from Sparhawk to Headwin streams from a low water-mark , was not belonging to the Town , nor Mayor and Burgesses of Newcastle , but to the respective Owners in each County adjoyning on the River . And that he knew the same by reason of former Trials , and so adjudged . And that the Town had only the Arresting upon the water , but not upon the land . See Chap. 20. William Gibson . ( C ) Thomas Horth of London Merchant upon his Oath said , That he had known the River of Tyne above five and twenty yeers . And that by reason of the Mayor and Burgesses of Newcastle , compelling all ships with Ballast , to sail up the River seven miles to unload their Ballast , and out of Keels upon their own shoars , by Ballast and other rubbish falling in , hath spoyled three parts of the River , * whereas within this twenty yeers , twenty ships of the burden of two hundred Tuns a peece , could have rid a float in most Road-steads in that River . ‖ And now not above four or five at a low water-mark , by reason they have so little ground , that it is so over full and hilly with the Ballast , that the Winds and Rains , every time doth wash and blow great quantities off into the River ; And that in one night , the shoar called the Bill-ballast Key , brake down , and at least three thousand Tun of Ballast , sand , Gravel , and stones , fell down into the River , * and they never knew any taken up , * neither will the Mayor and Burgesses suffer the Owners of grounds adjoyning to the River to a low water mark , to build any Wharfs , Keyes , or Ballast-shoars , though more convenient then any are , and would serve for many years without any prejudice to the River , to unlade all Ballast at ; neither will they the said Owners , sell their grounds to the said Magistrates to be inslaved , by which means the River is spoyled . See Stat. 34. Hen. 8 , 9. * 30. Ed. 1. ‖ See Chap. 12. ( 6 ) 14. ) B. ) Thomas Horth , George Philips , and Tho. Hasilwood , proves the like . CHAP. XXXV . ( A ) GEorge Philips Captain , Master of a ship of London upon his Oath said , That the Mayor and Burgesses of Newcastle is the cause of hindring a Trade for Coals , Salt , &c. the greatest part of the Winter season , to the great impoverishing of the two Counties , Northumberland and Durbam , out of which all Coals , Salt , &c. comes ( none being to be had , nor ever was in Newcastle ) by reason the foresaid Mayor and Burgesses having the pre-emption , and will not let the right Inheritors sell their own Coals to any Ships ; ( B ) Nor suffer any of the Owners to build Ballast-shoars upon their own land , except they wil sel it them . Many of which places neer unto the Shields , is far more convenient then any of those unlawful shoars belonging to themselves , at , or neer Newcastle in the highest part of the River , which hath so much spoyled the said River , especially a place called the Pace-sand , that it is the spoyl of many ships in sayling up and down to cast out Ballast , and to take in Coals . ( C ) That it must be a good neap Tyde , that there is above ten foot and a half at high water . And most ships draw twelve foot . Also where there hath lately been ten foot at low water in a place called the Bill , there is not now above eight foot , occasioned by the Sand and Ballast falling off the Towns Ballast-shoars . ( D ) And that the River in the Winter is often frozen , below the Towns Ballast-shoars , at the Bill ( but never lower ) That no ships can get up to unlade their Ballast , and take in Coals , Salt , &c. All Salt being made at Shields , where the River is never frozen , but all ships restrained from casting Ballast there , though there be more convenient places , and would serve all ships to cast their Ballast for above fourscore years without any hurt to the River or shipping . ( F ) And cause them to make more Voyages in the year . John Mors , Walter Keeble , James Shrive , Thomas Hesilwood , Rob. Swallow , Geo. Hill , John Keeble , Henry Harrison . And many other Masters of Ships , proves the like . ( B ) Thomas Hosilwood of London , master of a ship upon his Oath said , That all the Ballast-shoars above the Bill-reach , have been the spoyl and ruine of the River of Tyne , and doth beleeve that if no care be taken speedily therein , there will be no Navigable River , to the utter impoverishing of those Counties . And a great prejudice of the whole Nation , the greatest part of Navigation in that River being spoyled , as appears in most Road-steads in the said River of Tyne , what with the ballast falling in , and ships sunck , that when as within these twenty years , twenty ships of the burden of two hundred Tuns could have rid afloat at low water . At St. Lawrence Road-stead , now not above three ships of the same burthen ; At the Hands and Dents hole Road-steeds , where twenty ships of the same burthen , now not above eight can ride afloat . At St. Anthonies , where twenty of the same burthen , now , not above three can ride afloat . At the Bill Road-stead , where twenty of the same burthen might have rid , now not above six . At the North Road-stead , where twenty ships of the same burthen could have rid a float , now not above four . And at the South Road-stead where twelve ships of the same burthen could have rid a float at low water , now not above three can ride . ( B ) And that within these few years when ships did cast ballast at Shields without the molestation of the Mayor and Burgesses , ships made ten or twelve Voyages in the yeer , whereas now , they can make but four or five Voyages . See Stat. 34. Hen. 8 , 9. 23. Hen. 8. 5. Tho. Hasilwood , Rob. Yaxley , Geo. Philips , Walter Keeble and Hen. Harrison , with many more Masters of ships , prove the like . CHAP. XXXVI . A John Hall. B Ann Wallice . C Thomas Rutter , D Ann Cliff. E Free Carpenter . F Cliffs man. ( A ) HEnry Harrison Master of a ship upon his Oath said , that in April 1646. a ship sailing into Tinmouth Haven , by storm was cast upon the rock near Tinmouth Castle . The Master got a shoar with all expedition , and obtained the present help of an antient Ship-Carpenter , by name Thomas Cliff of North-Shields with three of his men to save the said ship from perishing , which ship had been quite lost , if the said Master should have run to Newcastle to have agreed with the free Carpenters , whose excessive Rates * and demands , often surmounts the value of the ship in distress ; and their tediousness in coming and going that distance , that often the ships in distress are quite lost . ( B ) The said Cliff and his men saved the ship and got her off , and brought her to the lower end of the North Shields , and laid her upon the Sands to mend her . Where the three Carpenters were at work . And Ann the wife of Thomas Cliff , and Ann Wallice his Daughter standing ( to see their Servants work ) near unto the ship . ( C ) The Mayor and Burgesses of Newcastle sent Thomas Rutter and John Hall , two Sergeants , with Thomas Otway , Richard Tederick and other free Carpenters of Newcastle to Sheilds , to seize upon all the aforesaid Work-men for daring to save any ship from sinking in that River , with command to carry them to prison . ( D ) The two women seeing their Servants trailing away , railed against their evil practices , for which Thomas Rutter with a club , by several blows upon Ann Cliffs body and head knockt her down to the ground ; the other Sergeant John Hall , by several blows with a Rule or Trunchion broke Ann Wallice her arme , and then perceiving Souldiers coming from Tynmouth Castle , both the said Sergeants fled to Newcastle , where they were protected from the hand of Justice . ( E ) The said Ann Cliff was taken up , carried home , got to bed , and in few weeks dyed * thereon . For which the said Rutter was indited , and found by the Jury guilty , yet did not suffer . The said woman required her friends , as they would answer it at the last day , they should require her blood at the hands of Rutter , he being her death . The poor men kept in prison * , and Cliff kept in suit at Law for his working by Newcastle , and his men , and they forced to give Bond never to work again . See Chap. 25. ( B ) 29 ( E ) 30. ( F ) 1 Edw. 6. 12. * . Henry Harrison , Thomas Cliff , and Elianor Lounsdale , all prove the like . CHAP. XXXVII . ( A ) THomas Salkield Gent. upon his Oath said , That he being at Shields in the County of Northumberland , upon the Two and twentieth day of May , 1653. saw a great number of men belonging to Newcastle , with Swords drawn , and Pistols cockt , who invironed a Gentleman , who was peaceably in his house , and shot at some of the said Gentlemans servants , and beat his Wife , and much blood was spilt , they pretending they came by Warrant , and produced a Warrant from the Mayor , Mr. William Dawson , Mr. John Butler Sheriff of Newcastle , to take him and carry him away to prison under pretence of debt ; but the Sea-men got ashoar , sell upon the said Newcastle-men , wounded and disarmed them , and relieved the said Gentleman . See Stat. 2 Edw. 3. 3. 4. Ric. 2. 37. Hen. 6. Tho. Salkield , Lettice Hume , Mary Hume , and many others , prove the same . ( B ) Thomas Salkeild , Gent. upon his oath said , he knew a Gentleman cast into Newcastle Prison upon a bare Arrest in August 1652. And laid actions upwards of Nine hundred pounds , where Twenty pound could not bee recovered . And kept him lockt up in a prison from all comforts in a Tower above 36 foot high , being forced to evacuate in the same Room he lay , and eat his meat , by reason he was locked from the house of casement . ( C ) He offered good Bayl , Free-men of Newcastle , who were accepted and entered in the book , and two daies after raced out again , and he still kept there . He desired to be admitted to defend his own Cause in their Court , but they refused it . ( D ) Desired to go with a Keeper to Counsel , which was also denied : His Friends and Servants often not admitted to come to him . ( E ) Proffered good Bond to be a true Prisoner , to the end he might have the benefit of the fresh Aire , for preservation of his health , but at the Goalers house , which the Sheriff granted at the first , but presently after refused , saying , that the Mayor , Aldermen , and himself had a meeting , and resolved he should have no liberty , being an enemy against their Privileges . ( G ) The said Gentleman offered them that what any could recover against him by Law , they should have it without Law. ( H ) Constrained to drink the Goalors Beer , not fit for mens bodies . ( I ) No Tryall ever against him ; They disobeyed two or three Habeas Corpusses , which the Sheriff received , and his Fee , and was proffered to have their charges born , but never returned them . ( K ) Refused substantial Bond to appear at London before the Judges , And after five months imprisonment , he brake prison in February following . ( L ) And he further affirms , That upon the third of February 1652. one John Cuthberison being imprisoned upon an action of 5 l. debt , but no tryal ever had against him for the same , was upon this Gentlemans getting away , cast into the Dungeon by the Command of the Magistrates of Newcastle , where they laid setters of iron upon him , to force a confession from him whether he did not help the said Gentleman out ; where he lay upon the cold earth , without either Bed , Straw , or any other thing to keep him warm , or firing ; And fed him onely with bread and water , and fused comfort able subsistance to be brought unto him . ( M ) The poor man being not worth , in the whole world , forty shillings , and two children a begging , and himself kept in prison after this impression , begging for food . ( N ) And that he was certainly informed , that some of the Officers of Newcastle had counterfeited a Letter , and set the Gentlemans name to it , and read it to the said Prisoner , thereby perswading him to confess he helped him out of prison . See Stat. 23. Hen. 6. 10. 1 Edw. 1. 15. See chap. 41. Thomas Salkeild . Hornes Mirror saith , It is an abuse that prisoners be charged with irons before they be attainted , Cap. 8. Sect. 1. 2 Edw. 3. 10. 1 Edw. 3. 10. Bracton saith , To lay a man in chains is against the Law , for a prison is to keep , not to punish . And it is commanded by the Law , that neither Felon nor Trespassor be punished nor tormented in prison , fo . 11. 17. Fleta saith , It is lawful for Sheriffs to keep prisoners in prison , but not to punish them , but keep them . &c. 33 Hen. 1. P. Inst . 54. See chap. 41. ( A ) CHAP. XXXVIII . ( A ) RAlph Tayler publick Notary and Steward to the Carpenters of Newcastle , upon his Oath at Gateshead in January 1649. said , That the Mayor and Burgesses of Newcastle did sue * , imprison * , and fine * Robert Johnson , Alexander Hearon , and William Portice of the Town of Gateshead , John Hubbert of South-Shields , and John Readhead , only for working upon ships in the River of Tyne , being Carpenters , and made them to pay their fines , imposed upon them by the Mayor and Burgesses . See Stat. 2. Edw. 3. 6. 28. Edw. 3. 3 * . 9. Hen. 3. 29 * . 43. Eliz. 2 * . Ralph Tayler , and Mich. Bonner prove the like . ( B ) Michael Bonner Merchant and Water-Sergeant of Newcastle , at the same time upon his Oath said , That the Mayor and Burgesses of Newcastle , arrested and imprisoned , and set a fine upon one John Hardcastle a Carpenter , for working upon a ship in the River of Tyne , he not being a Freeman of that Corporation , and made him enter into a Bond of 100 l. in May 1648. never to work upon his Trade again , and made him pay his fine . Michael Bonner . ( C ) John Hall upon his Oath said , That the Mayor and Burgesses of Newcastle did arrest , Imprison , fined , sued , and forced Bonds from one Richard Tayler , Henry Atcheson , and Robert Lambert , Smiths , whose Wives and Families inhabits at North-Sheilds in the County of Northumberland , and Thomas Brocket , of Gateshead in the County of Durham , Smith , for no other offence than for working upon their lawfull Trades where they dwell ; Tayler and Brocket stood out suit ; Atcheson entered into Bond , never to work upon his Trade to the ships on the River , and Lambert kept in prison till almost starved * , his Wife and six smal Children begging for food . See Stat. 9. Hen. 3 : 29 * . 43 Eliz. 2. John Hall. ( D ) Ralph Bowes of Newcastle late Burgess , but disfranchized , upon his Oath said , In January . 1649. that formerly he had seen an antient Writing belonging to the Mayor and Burgesses of Newcastle , purporting that it was unlawful for any Tradesmen to work or live in any port adjoyning to the River of Tyne , but onely at the Town aforesaid , and that the Mayor and Burgesses have had the punishing of all such as did work . As also the correction thereof in that Port , &c. Ralph Bowes . It is pitty this Gentleman is not restored to his freedom again for this his great discovery . Surely this said writing was made by the Corporation themselves , it was so conscienciously drawn , it having so little regard to the Weal of the publick . CHAP. XXXIX . D. The Mayor and Witnesses . C. The Master Swearing . A. The Master cutting a Purse . B. The Clarks telling the mony . To swear against themselves . To be Imprisoned . To cut a Purse . To pay a Fine . Are four punishments for one offence . ( A ) THomas Hasilwood of London Master of a ship upon his Oath said , that all Masters of ships , which sayleth into to the River of Tyne for Coals , Salt , &c. The Mayor and Burgesses of Newcastle compels them to * swear against themselves , whether they did not cast ballast at Sea between Sowter and Hartly , or within fourteen fathom water , to the hurt of the said River of Tyne . And when the said Master hath sworn the truth , that he did not , then a poor drunken Fisher-man , or other , is called into the Town-Chamber , and maketh Oath that the Master did cast ballast , when in truth he did not , he having part of the Fine for the same . ( B ) Then the Masters Oath is invalid and laid aside , * and forthwith is commanded to pay a Fine of five pounds , or else to cut a purse , which hangs up in the Town-Chamber , with sand and money in it , and so much as is therein , he must pay , or is sent to prison , and there to lye till he doth pay it . See Ch. 14. ( F ) * 12. 5. 17. K. Charles ( 19. Hen. 7. 7. ) Tho. Hasilwood , John Lockwood , and Sam. James Masters of ships , proves the like . Read these Statutes . ( C ) Thomas Bradford of Lyn affirms , that in , or about the year 1652. The Mayor and Burgesses of Newcastle , compelled one Richard Nes●ing Master of a ship to cut a Purse * hanging up in the Town Chamber with monies in it , and paid money for so doing . See Chap. 12. ( 5 ) Stat. 8. Eliz. 4. * Tho. Bradford . ( D ) In Spain if any person do inform against another , let the suggestion be what it will , and the Information never so false , the party informed against , is sent to prison , and there kept till he do confess that it is truth , and thereupon is lead to the Stake and executed . ( E ) The Heathen Kings , when they condemn a person to dye for any offence , first sends him a pair of Scales , and a weight . If the Malefactor sends him so much gold as the weight weigheth , is saved , otherwise not . ( F ) The Star-chamber practice was to put a man to his Oath to betray himself , and confesse as much as he pleased , and then other witnesses were brought in against him , as that of the Lord Bucan , and the Warden of the Fleet upon a complaint made against the Warden in the Star-chamber , &c. Stat. 17. Charol . CHAP. XL. ( A ) IOhn Harrison of London upon his Oath said , That all Masters of ships belonging to the Coal Trade at Newcastle , are compelled to swear how many Coals and Chaldrons they have aboard their ships at Newcastle when they are loaden , which is impossible to swear , by reason they buy their Coals by weight ; and often the Masters occasions draws them aside , so are not then aboard when the Coals are shipped , but trusts to his , or their Mates . And often the Coal-boat hath much water which weighs heavy . Also great store of Slates , and other rubbish : And often the ships are loaden in the night , so that this Oath is a great vexation to their spirits , and disquieting thereof , and conceives that never a time a Master swears but he is perjured , and often deceived by the Keels-men in the Nayles . Cap. James Greenway , proves the like . ( B ) The Oath , Ex Officio . No man is bound by the Law of God , or Laws of the Land of England to betray himself , In criminalibus , licet in contractibus , not in criminal offences , but in contracts and bargains , it may be whether he did make the contract or bargain in question , but never used to a Malefactor , for if Witnesses do not come in against him , he is cleared by Law , and not put to his Oath to accuse himself . ( C ) Many are constrained to take an Oath , De rebus Ignotis , to answer to they know not to what , but Gods Command is , Swear not at all . ( D ) Query , whether it be lawful for one to swear being forced ? ( E ) The answer , Magistrates may impose an Oath , with these three limitations ; First , If the thing be weighty . Secondly , If otherwise it cannot be known . Thirdly , If it be not a snare to catch a mans self , or trick to make him accuse himself . Secondly , Magistrates should be very wary how they inforce or constrain men to swear , because they often thereby add fuel unto the fire of Gods wrath , by making men forswear themselves ; And therefore it were better to loose the thing in question , than hazzard the loss of a brothers soul , by making him perjure himself . Paul would rather chuse never to eat flesh , than to offend his weak brother . ( G ) If yee believe him when he swears , why not upon a solemn protestation ? It should be considered , whether such as is to be put to his oath , fears God ; then he dares no more lye than forswear himself : And if he fear not God , how will he fear to forswear himself ? ( H ) The practice in Newcastle is worse , for notwithstanding a man is put to his Oath against himself , it will not stand , but another is called in to swear point blanck against what he had sworn . CHAP. XLI . ( A ) WIlliam Ling Master of a ship of Ipswich upon his Oath said , That Henry Truelove Master of a ship with himself , did cast their Ballast at Sheilds upon a sufficient shoar , without any harm to the River , for which ( B ) the Mayor and Burgesses of Newcastle , arrested them both , and detained them , till they did pay ten pounds fine for this offence , as they called it . ( C ) He this Deponent , with Mr. Truelove tendered sufficient Bail , Freemen * , to answer the great Council , or the Common Law for any thing that they had done . This they could not deny by their power . P. 17. N. 7. ( D ) But the Mayor and Aldermen sharply reproved the Bonds-men for daring to offer themselves as bail . And told to him this Deponent , and Mr. Truelove , that for a great Council there was none : And for the Common Law , that they had within themselves , and needed not to yeeld to any other Court : And that to prison they should go , and lye and rot , till they had paid the fine , P. 17. N. 7. And then cast them both into their stinking Common Goal , where onely a wall parted them and such as had the plague , where they lay in that sad and miserable condition in hazard of their lives . ( G ) and was forced to pay the said ten pounds , and all charges , besides the loss of their Voyage , which amounted to above 80 li. to their owners . ( H ) * There was no Tryal at Law , nor any other offence committed , but they could get no right , by reason they were to have the fines , and being Judges , Jurors and Witnesses in their own Court , and for their own benefits . See Stat. 11. R. 29 ( A ) See ch . 18. ( C ) 23. Hen. 6. 10. See ch . 37. ( D ) 28. Edw. 3. 3. ( F ) 1. Rich. 2. 13. 99. ( G ) 1. Ed. 3. 15. ( C ) William Ling , and Henry Truelove , swears the like . ( B ) Joseph Priestly , with John Walker the Minister of Jarrow , and twelve more upon a Tryal at Durham Assizes , between the Dean and Chapters Plaintiffs , against Thomas Talbot , and Richard Allen , Gent. concerning the right of Jarrow * Slike , which by verdict was given to the Defendants , upon their Oathes said , That they knew Jarrow Slike by estimation Three hundred Acres , where a wall was building to have it a Ballast-shoar for the good of Ships and River , 22 Feb. 1638. By Ling , and Truelove . And that the Ballast which was cast thereon , was cast without any prejudice to the River , and there lay safe and sad , and that neither the wind could ever blow it off , nor the rain , nor waves could wash it into the River . See chap. 34. ( A. D. ) * Joseph Priestly , John Walker . How long will yee give wrong Judgement , to accept the persons of the ungodly ? Psa . 82. 2. CHAP. XLII . ( A ) CAptain Robert Wyard of London upon his Oath said , That he with his ship being in the River of Tyne at Newcastle , in Novemb. 1649. where one of his ships company ( it seems ) did cast two or three straw Mats out of one of his ships Port-holes , yet to this Deponents unknowledge , which could do no harm to the River , by reason of its swiming to Sea * , but one Edward Green , and one Wilkinson , two Free-men of Newcastle , standing a quarter of a mile from the ship upon the Land , made Oath at Newcastle , That this Deponent cast out ballast into the River , to the prejudice thereof . ( B ) Whereupon the Mayor and Burgesses of Newcastle seized him , and fined him twenty pounds ‖ for the same , and constrained him to pay ten pound of it , and ten pound to Green , and eight pounds to Wilkinson , and twenty four pounds more the Suit cost him , being fined by them , for saying they were forsworn , to say he cast ballast into the River , when he neither did , nor was out of his Cabin when the Mats were cast in . * Robert Wyard . ( C ) And further saith , That the Mayor and Burgesses were Plaintiffs , Judges , Jurors and Witnesses in this cause of their own fines . See chap. 11. ( E ) Stat. 5. Eliz. 9. If these men be fined so high for so small an offence , and that igorantly ? what must those men that have offended arrogantly and knowingly a thousand times more ? Thomas Peach , Master of the Ann Speedwel of Ipswich , who by storm was cast upon the Rocks near Tinmouth Castle , and for casting his ballast over-board to save his ship , was fined by the Mayor and Burgesses . Mr. James Talbot , for his men sweeping the Bins of his ship where there could not lye above one shovel full of ballast , was fined five pounds , and laid it down ; some they took , and some they returned to him again . CHAP. XLIII . ( A ) NIcholas Pye of London Creup , upon his Oath said , That Mr. Thomas Partridge of Gateshead Master , being loaded at Newcastle by Thomas Read , Fitter , with bad and unmerchantable Coals , which he had sold for good Coals to Mr. Clark of London , and M. O●ridge , M. Godfrey , M. Harrison , and others at the rate of 31 l. the score , but proving so bad , that he was threatned to be sued by the said Gentlemen that bought them , and was constrained to compound for the same , and lost 6 li. in every score . And that he hath known much bad Coals , which the Freemen of Newcastle forceth Masters of ships to take , to the great loss on all hands : Nicholas Pye. Pray look into the tenth year of King James , what punishment hath been for the same formerly . The said Thomas Read did give 20 li. as part of satisfaction to the said M. Tho. Partridge the Master , and in consideration of his great wrong , &c. ( B ) Captain Gregory Butler , Captain of a man of War for the Parliament , upon his Oath said , That in April 1650. He this Deponent wanting some ballast for his ships use , being at Shields , required a Master of a ship of Yarmouth , to cast his Ballast into his ship for the States use , which the said Master did with much care , and no prejudice to the River . ( C ) For which the Mayor and Burgesses of Newcastle refused to suffer any Coals to be laid on board of his ship , till he paid 5 li. fine for this contempt ▪ and forced him to pay a fine , and to pay eight pence for every Tun of ballast ( besides ) computing it to 48 Tun , and then , and not before , he could get any Coals See chap. 44. Gregory B●●ler . Thomas Partridge Master affirms , that Mr. Alderman Samuel Rawling forced him to pay for 80 Tun● of ballast , when he carryed but 42 Tun. Every Freeman pays six pence the Tun , and un-Freeman pays eight pence , there is no warrant to demand any such sum . T●omas Partridge . ( D ) Richard Leaver of Ipswich , master of a ship upon his Oath said , That for his casting out ballast at Shields upon a more convenient shoar than any was at Newcastle , and without any hurt to the River , went to Newcastle to the Coal-Fitter to be laden , but could get none , by reason of a combination of the Free Hoast-men who had made a new Ordinance * amongst themselves in the Free Hoast-mens Court , that who should dare to sell a Coal to any such Master of a ship , as did not cast ballast upon the Town shoars should forfeit twenty pound a time . ( E ) Upon which this Deponent waited above ten dayes and could not get Coals for money , but at last prevailed with one of the Fitters of Coals at Newcastle by promising him to save him harmlesse , and he would load him , which was done . For which the said Mayor and Burgesses cast the said Fitter into prison , where he lay till a Fine of five pound was paid for his ransome , with other Charges , which he this Deponent was forced to pay , besides losse of his Voyage ; This was without any triall at Law , &c. ( See 19. Hen. 7. 7. * ) 28. Ed 3. 3. Rich. Leaver . CHAP. XLIV . ( A ) RIch . Leaver of Ipswich Master of a ship , upon his Oath said , That for the only gain and advantage of some Aldermen and a few other private persons of the Town of Newcastle , no Masters of ships can be tollerated to cast Ballast in any part , but at their Ballast-shoars , which is unlawful and very prejudicial to the River and Trade . And must often pay for eighty Tun of Ballast * when indeed there is but forty to be paid for . ( B ) And do hinder all Coals from being sold to any ship which do cast Ballast at Shields upon as sufficient Shoars , and better than the other , both for the good of the River , and lesse hurt to ships , and more Voyages made in the year . ( C ) Also that the Mayor and Burgesses do prohibit all the Coal-Owners in both Counties of Northumberland and Durham for selling their own Coals , it tending to the said Owners utter undoing , and the cause of many Voyages lost in the year , to the great prejudice of the poor , and much losse to the State. ( D ) And that there is more convenient places to build Ballast-shoars , which will last for hundreds of years without hurt to the River , at , and neer Shields , then where they are at present . See Chap. 43. See the following Deposition . Richard Leaver . Cap. Butler , Samuel James , Cap. Philips , and Jeremiah Low , proves the like . ( E ) Thomas Cartwright of Lyn Merchant , upon his Oath said , That by reason all Coals are ingrossed and sold by the Free-men , the Mayor and Burgesses of Newcastle onely , tends to the great impoverishment of the Coal-owners of the two Counties , where all the Coals are . ( F ) Also that it is the cause of the high and excessive Rates of Coals at London and Sea-coasts , and losse to the Masters several Voyages in the year . ( G ) And to the State likewise in customes of the three shillings per Chalder . ( H ) And that he hath known many ships denied to be laden with Coals , only for casting ballast at Shields to their extraordinary losse , which is the cause of Coals being sold the dearer , they staying so long for them . ( I ) And that the said Mayor and Burgesses being the sole cause hereof , and likewise engrosse all provisions coming in by Sea ; and sets their own Rates thereon , and takes excessive * Towl , one peck of every grain of Corn. See Stat. 22. Hen. 8. 8. * . See Chap. 44. ( C ) ( A. ) Tho. Cartwright , Mr. Symonds , and Wil. Reavely proves the like . 1 The pre-emption of Tyn , Soap , Salt , Cards , &c. was adjudged grievous , and why not Coals , which is of as great use , nay more , as appears by Ordinance of Parliament , 1640. ( A ) also they were damned by the judgement of the sage Judges in Sergeants-Inn upon a Conference then had before that Parliament began , as being repugnant to the Law. 2 And why a Monopoly of Coals more upon the Owners , then on any thing else in England ? And more of them to be inslaved then any other people of England ? I appeal to God , the whole world , as also to the Coal-Engrossers themselves whether it be just ? &c. CHAP. XLV . ( A ) DEcember 1653. A Charge was exhibited to the Committee for Inspections , and advance of Customes against Mr. George Dawson Collector of the Customes of Newcastle , the Contents being as follows , viz. ( B ) That the State hath been , and is much wronged in their Customes in that Port , by reason some of the said Customers , are Traders , Merchants , &c. And many ships vexatiously troubled without just cause , onely by reason they buy not their Coals from them , and ordinarily give Coals for reparation Custome-free . As also a second charge exhibited to the Commissioners of Customes , not doubting but to receive Justice at either place , here follows the Deposition , viz. ( C ) Jonas Cudworth of Newcastle upon Tyne Draper , upon his Oath * in December last , said , That Mr. George Dawson of Newcastle , Collector of the Customes in the same Port , did exercise the Trade of a Free-Host-man * in the year 1651. and imployed for his Fitter one Tho. Read , who loaded several vessels with Coals , and cleared them in the name of the said Mr. Dawson . ( D ) And in the year aforesaid , one John Grip master of a Hoy belonging to Hamborough , was laden with Coals by the said Thomas Read ; and information being by this Deponent to the Survey or of the said Port , by name Mr. Meriton , that the said Grip had shipped a great quantity of Coals more then he had cleared for , and paid the duty of Customes . The said Mr. Meriton had acquainted the said George Dawson herewith . After which notwithstanding , information was made , and seizure also should have been made . He the said George Dawson did admit of a Post entry of a small quantity of the said Coals , and after Cocket granted , and did not unload the said Vessel to discover the fraud & seize the same . ( E ) This Deponent further said , That about the same time , the said George Dawson did unload another Vessel belonging to Peter Hofman of Dantzick to his great damage before any Cocket granted ; and refused to let any Entry be made , though offered before full loading . And for reparation thereof , he gave to the said Master four Chalder of Coals custome free . And the said Master , George Dawson , had , and hath parts of ships , * and Trades over Sea with Coals . ( See Stat. 3. Hen. 7 7. * ) 14. Rich. 2. 10. Jonas Cudworth . ( F ) These are humbly , to certifie , That David Lindiman Master of a Ship called the Fortune of Statin , did load his ship with Coals in the said Port of Newcastle upon Tyne , and cleared in the Custome-house for threescore and twelve Chalder of Coals . And that Jonas Cudworth of this Town came and told me , That the State was wronged of Custome for forty Chaldron of Coals in that ship , and gave the names of the Masters of Keels or Boats that laid the Coals aboard , and requested they might be sworn , which was done , and the Information found true . The said Mr. Lindiman did pay for forty Chalder of Coals , more then he had entred for in the Custome-house , which Custome amounted to fifty and odde pounds . All which I humbly conceive the State had been defrauded * of , if the said Jonas Cudworth had not informed thereof . See Stat. 11. Hen. 6. 15. Tho. Meriton Surveyor . Newcastle upon Tyne 23. of March. 1643. It is the old Proverb , Foul Birds bewrayes their own Nest . If one ship could cheat the State so much as fifty odd pounds Custome , What do hundreds of ships do ? See chap. 46. ( B. ) CHAP. XLVI . ( A ) GEorge Philips of London Master and Captain of a ship upon his Oath said , That for his casting Ballast at Shields upon as sufficient Ballast-shoars as any can be , could not obtain his loading of Coals , for doing thereof , being denied by the Mayor and Burgesses of Newcastle , and lay five weeks for the same , and at last obtained favor from one Major Tolburst , and Mr. Readnal , to furnish him with Keels or Lighters , to fetch such Coals as he could procure . And when he had loaded his ship , Mr. George Dawson Collector of the Custome-house , and * Officer of the Corporation of Newcastle , sometimes Mayor , Alderman , Justice of Peace , and Merchant , and Mr. George Blackstone Cheque of the Custome-house , issued out a Warrant under the Town-Seal and Custome-house-Seal , to seize his Ship and Coals upon the 19. of April 1651. which Warrant is extant amongst the Records at White-hall . See Stat. 3. Hen. 7. 7. * 11. Hen. 6. 15. George Philips . ( B ) Coales the Chalder at Newcastle , doth cost the Masters of ships ten shillings the Chalder Newcastle measure , and one shilling custome , ordained by Queen Elizabeth . For all Coals carried beyond Sea by any English man , pays by the Chalder for Coals and Custome , eleven shillings four pence , as by an Act of Parliament of the 28. of March , 1651. appears . For all Coals carried by any stranger , payes the Chalder double , being for custome per Chalder , two and twenty shillings eight pence , and Argiere duties , &c. in all six and twenty shillings and ten pence custome , besides the price of Coals and Fraught . For all Coals at the Market in every Port two shillings per Chalder Excise towards building of Frigots . And for all Coals sold by the Tun one shilling per Tun. And for all Scotch Coals two shillings six pence per Tun. ( C ) And yet notwithstanding these Impositions , Coals might be sold for twenty shillings the Chalder all the year long at London , with greater gain to the Masters and Seamen , if Ballast-shoars , were at , or neer the Shields . ( D ) Provisions for the relief of the multitude of shipping above nine hundred sail , and the Inhabitants there . ( E ) Coals to be bought from the first hand , then there might be as many more Voyages in the year , as now they make . ( F ) The Masters of ships desires onely their due measure , and then they would not regard the odd Chalder given to the score ; All which they are debarred of most unjustly , for commonly where ships takes in at Newcastle one hundred thirty six Chalder of Coals , and expects to make at London two hundred and seventeen , or else loseth , besides having bad coals a long Voyage , there are computed three hundred and twenty Coal Keels alias Lighters , and every Keel accounts to have carried every year eight hundred Chalder of coals to ships , then judge how many thousand London . Chalder is carried away . See Chap. 23. John Wrenham , Robert Re●x . CHAP. XLVII . People robbed in the open Market , and others , onely passing through Newcastle . A , C , E. Three Newcastle-men . B. Isabel Orde . D. John Williamson . ( A ) ELizabeth Lumsdel , upon her Oath saith , That one John Williamsons wife and servants , having bought forty pounds worth of Tobacco ( who dwelt at Braughton in the County of Cumberland ) which said Tobacco , all duties of Excise , Custome or Toul were paid , and carrying the same through Newcastle towards Carliste-Market , one Mr. Huntley , and Mr. Stranguage Merchants , made * a seizure of the said Tobacco and Horses , by order from the Magistrates , pretending it were Foreign bought , and Foreign sold , * and therefore confiscate to their use . The poor people petitioned Sir Arthur Heisterigge for the same , who interceded hard with them for the restauration thereof , but it was refused , yet they fearing Sir Arthurs displeasure , sold the Tobacco for thirty pound , and restored to the poor Owner but fifteen pounds thereof . ( B ) This Deponent further affirms upon her Oath , that about the same time one Isabel , wife to Henry Orde sitting in open Market selling a role of Tobacco , who had paid all duties , the said Mr. Huntley , and Mr. Stranguage made * seizure by strong hand of the said Tobacco from the poor woman , and would not acquaint them with the reason , whereupon in passion she called them Robbing Rascals , for which they sued her poor husband in their own Court , and put him to great expences ; she this Deponent , with the said Isabel , hard petitioned Judge Thorp for her Tobacco , who sent for the two Merchants , and demanded the reason of their taking away the poor womans Tobacco in the open Market , who produced a Warrant from the Mayor , who likewise was sent for , by name Mr. William Dawson , the Judge demanded of him , by what power he durst rob people in the Market , who replyed , Foreign bought , and Foreign sold , My Lord ; but command was given by the said Judge to restore the same , but after departure it was not ; then the Judge granted a Warrant for restoring the same upon his going away , and when it was shewed the Mayor , he snatched it , and put it up into his pocket , and would not restore the said Tobacco ▪ but sleighted the said Warrant . See Stat. * 3. Ed. 1. 24. ●1 . Ric. 2. 7 , 27. Ed. 1. 5. 6. Ed. 6. 9. See chap. 49. 51. Eliz. Lumsdel . CHAP. XLVIII . ( A ) LEttice Hume , upon her Oath said , That no victual or other provisions coming in by Sea for the relief of Northumberland or County of Durham is permitted to be sold at Shields , but all is compelled to Newcastle by the Magistrates , and there ingrossed after three Market dayes , Tuesday , Saturday , and Tuesday , and payes double Tole , * in and out , & pays double rates for the same , and that she hath often known Boats , and Provisions cast away , and peoples lives in going and returning from Shields to Newcastle in stormy weather too and from the Market , namely , one William Re● , with others in the year 1650. at the same time , and before , nor never any Coronor sate upon any of the dead bodies , nor young Mr. Snape , &c. And that greater Rates are given for provisions being bought up by the Towns-men , then might be had at the first hand . See chap. 11. ( H ) 44. ( I ) 49. ( C ) * Stat. 3. Ed. 1 , 20. 23. Ed. 3. 6. * Mary Hume , Lettice Hume proves the like . ( B ) Mr. Richard Blewet , brother to Commissary Blewet affirms , that in , or about the year 1649. Rye was at sixteen shillings the Bowl in Newcastle , none to be got for the poor , but from the Merchant who had bought it all up , that the poor being in great want , Sir Arthur Haslerigge caused the said Commissary to lay out a thousand pounds of the publick stock upon Rye , from the first ships that came , and to sell it for the relief of the poor , four shillings under the Market , which was done . ( B ) The Merchants of Newcastle , proffered to his said brother , the Market price for all the corn he had bought , which was sixteen shillings the Bowl , when they saw the said Commissary sell for eleven shillings per Bowl to the poor , and the Commissary was a great gainer at eleven shillings , and paid as much as the merchant . ( C ) And by reason the said Commissary did refuse , some of them threatned , if ten thousand pounds would break his back in suit for daring to sell Corn in their Town , he not being a Free-man , it should . This Information I had from Mr. Blewet , who will make it good upon his Oath , when called , and from Mr. Nich. Ogle . They will neither doe good , nor suffer good to be done ; much like the Dog in a Manger . See Stat. 5. 6. Edw. 6. 14. 23. Edw. 3. 6. 2. Edw. 6. 15. 5. Eliz. 12. CHAP. XLIX . ( A ) WIlliam Reavely of Lyn , Master of a ship upon his Oath said , That by reason of the ships not casting ballast at Shields , above four if not five Voyages are lost in the year compleat . ( B ) That all provisions brought in by Sea , are compelled up to Newcastle ; and there ingrossed into the Free-mens hands , people often going to Market have lost their lives ; and many starved to death in the two Counties , which cannot get to Newcastle market in the Winter season , by reason of the great storms of snows , and the River frozen , and no market allowed for the Countries relief at Shields , where many thousand of Passengers , Sea-men , and Inhabitants are , being twelve miles from any market in the fame County . ( C ) That he this Deponent , and ships company , hath often been constrained to go to Sea without Bread or Beer , none being to be got at Shields on a sudden , and have drunk water for above five daies , which hath so weakened his men , that they were in great danger of their lives . And that from Newcastle , they often send down dead Beer , and the Casks but half or three parts full , from the Brewers of the said Town ; and bread wanting above two pence weight in the shilling , and not looked after by the Magistrates . ( D ) That they the said Mayor and Burgesses of Newcastle aforesaid , did ruin one Mr. Johnson , and Mr. Hilton for brewing at Shields for the relief of the ships . And that they rooked from him this Deponent twelve barrels of beer , which he brought from Lyn for the relief of the poor at Shields , and made it confiscate ; Arrested him , and cast him into prison , sued him , and made him enter into sixty pound bond never to bring in any more . Also kept a bag of Hops which was sent to a friend in Northumberland , and that he hath known them often do the like to others , they being Judges , Jurors , and Witnesses in their own cause . ( E ) That they take excessive Tole * , above a peck of Corn of every Grain brought to be sold by vessels , besides all other duties . ( F ) That the said Magistrates force men to swear against themselves * , and will not tollerate any Gentleman to build ballast-Shoars upon their own land . ( G ) And that he this Deponent hath seen ballast Warrants signed by one of the Magistrates * , only for Keels to carry up ballast from Shields , and hath seen the Keel-men cast it into the River in the South Road , to the Rivers great damages * And often dirt cast into the River by servants brought out of the Gates when no watchmen were kept . See ch . 39. ( A ) 12. 4 , 14. ( C ) 47. ( B ) 51. See Sta. 27. Ed. 1. * 51. Hen. 3. 15 * . 11. Hen. 7. 4 * . 5. 6. Ed. 6. 9 * . 3. Ed. 1. 20 * . 17. K. Char. * William Reavely . ( G ) Hugh Farrow of Lyn , Master of a ship upon his Oath said , that he and his ships company having lyen so long at Shields for a fair wind with the fleet , that when they had spent all their provisions , at no time could obtain any from Shields , by reason obstructed by the Magistrates . And having sent up his boat and some of his men for some at Newcastle , the wind came fair , and on a sudden the ships all set sail to Sea ; So that he this Deponent must loose the protection of the fleet , and hazard himself to the mercy of the Enemy , or must leave his men and boat behind , which the latter he did , and was constrained to drink stinking water for four daies , for want of Beer , which might be conveniently got at Shields . And he was in greater danger of loosing his ship for want of his men . Hen. Farrow . CHAP. L. ( A ) IO : Gardener of London upon her Oath said , That within this seven and twenty years or thereabouts , she knew the usual practice of the Mayor and Burgesses of Newcastle , was to ingross all provisions into their hands , as Corn , &c. and have kept it * in their Corn-Lofts ‖ till so dear , and at such high and excessive Rates that most people could not buy it . And that the people of Northumberland , and County of Durham , being in great want for bread , that many were constrained to let their beasts blood , and made Cakes thereof to eat instead of bread , and in the Spring time many of those beasts dyed being over-blooded . ( B ) Other poor people killed their Coal-horses for food , some eating D●gs , and Cats , and starved : Many starved to death * , sixteen or seventeen dead in a hole together ; and yet at the same time many hundred bowles of Corn cast into the River being * rotten , and mouldy , and eaten with Rats ; And some of those people boasting , they hoped to see the day a bowle of Corns price should buy a silk Gown . This was not in the time of War. And the Countries might have had plenty , if it had not been ingrossed by them . See Stat. 5. Eliz 12. * 23. Ed. 3 6 * . Jo. Garnerer . Major Will. Burton late Member of Parlament , Tho. Hesilwood , and Wil Reavely , proves the like . ( B ) Richard Tayler upon his Oath said , that the Mayor and Burgesses of Newcastle do compel all Iron and other necessaries , which comes in by Sea for the Salt-pans and Colliers use , at and near Shields to be carried up to Newcastle , and unladen upon their Town-Key at the charge of the owner , and to pay Toule , and the same vessels forced to sail back to Shields empty , and often such vessels sinks by the way ; and their own vessels must be hired at their own rates to carry it back again to Shields , being some times fourteen daies in getting down thither , though present use be for the same , and divers times cast away . So that ships utterly refuse to bring such Commodities , to be put to such unnecessary and needless trouble and charge ; And this is done constantly , notwithstanding all duties are paid . And the ship or vessel comes onely for Salt at Shields where it is made , and not to Newcastle , where they have no business , See Sta. 21. Hen. 8. 18. Rich. Tayler . Will. Reavely . ( C ) It were less damage to the Commonwealth for allowing Seamen for their encouragements 5 l. Custom-free of goods , then thus to be abused by meer pretences of l●ss of Custom , especially by such who wrongs the Customs . See ch . 45. ( F ) CHAP. LI. ( A ) ALexander Symonds of Lin Merchant , upon his Oath said , that all Commodities , as well dead vict●all , as other Merchandize are compelled up to Newcastle which comes in by Sea ; And ther , by the Mayor and Burgesses , are ingrossed and bought up by them ; nothing to be landed elsewhere but at Newcastle , notwithstanding all ships do lye at Shields , and passengers ; And often in stormy weather , and River frozen , none can pass too and fro for any relief from thence , and none to be had elsewhere . And if there be any it is seized on by them of Newcastle , and confiscate to their own use . Namely Beer from one Will. Reavely and divers others , See chap. 11. ( N ) 47. ( A ) 49. ( D ) 50. ( A ) Alexander Symonds , and Thomas Cartwright , depose the like . ( B ) Captain James Greenaway of London affirms , that his ship was at Shields , in company with a fleet of loaden ships , where they all had lyen a long time for a fair wind , and had often spent their provisions . On a sudden the wind came fair , and the whole fleet set sail for London . He this Deponent having spent all his Bread , could get but two dozen at both Shields , yet was necessitated to set to Sea with the Fleet , otherwise had lost their protection , if staid till he sent to Newcastle for bread . ( B ) The whole fleet being at Sea , the wind came cross , being a violent storm , that it was five daies before they could get so high as Scarborough , some twenty leagues from Newcastle , and then the storm ceased : And he this Deponent got ashoar to Scarborough for bread , when the wind coming fair the fleet sailed out of sight , so he lost their protection and company . ( G ) He getting aboard , and sailing after them , was taken by a Dunkirk man of war , lost his ship , goods , and money ; his ●hip being worth 800 l. goods 200 l. and money 400 l. All which might have been saved , if Bread , Beer and Provisions had been admitted to be sold at Shields . Onely are hindered by the tyrannicall Power of the Mayor and Burgesses of Newcastle . James Greenaway . ( H ) John H●ulden , upon his Oath said , That in or about the year 1648. A Master of a ship was arrested and imprisoned onely for selling of a little Corn to Commissary West , by the Mayor of Newcastle , he alleaging the Town was not served . But Sir Ar●bur Hazlerigge caused the Mayor to release the said Master ; and demanded by what Power , Law , or Right they ought to imprison any man for selling his own commodity in the Market or Key ; And told Mr. Ledger then Mayor , if he did not release him the Souldiers should . John Holden . CHAP. LIII . Many poor women imprisoned , and hanged for Witches . A. Hangman . B. Belman . C. Two Sergeants . D. Witch-finder taking his money for his work . ( A ) IOh. Wheeler of London , upon his Oath said , that in or about the years 1649. & 1650. being at Newcastle , heard that the Magistrates had sent two of their Sergeants , namely Thomas S●evel , and Cuthbert Nicholson into Scotland to agree with a Scotch-man , who pretended knowledge to finde out Witches by pricking them with pins , to come to Newcastle where he should try such who should be brought to him , and to have twenty shillings a peece for all he could condemn as Witches , and free passage thither and back again . ( B ) When the Sergeants had brought the said Witch-finder on horse-back to Town ; the Magistrates sent their Bell-man through the Town , ringing his Bell , and crying , All people that would bring in any complaint against any woman for a Witch , they should be sent for and tryed by the person appointed . ( C ) Thirty women were brought into the Town-hall , and stript , and then openly had pins thrust into their bodies , and most of them was found guilty * , near twenty seven of them by him and set aside . ( D ) The said reputed Witch-finder acquainted Lieutenant Colonel Hobson that he knew women , whether they were Witches or no by their looks , and when the said person was searching of a personable , and good like woma● , the said Colonel replyed and said , surely this woman is none , and need not be tried , but the Scotch-man said she was , for the Town said she was , and therefore he would try her ; and presently in sight of all the people laid her body naked to the Waste , with her cloaths over her head , by which fright and shame , all her blood contracted into one part of her body , and then he ran a pin into her Thigh , and then suddenly let her coats fall , and then demanded whether she had nothing of his in her body but did not bleed , but she being amazed replied little , then he put his hand up her coa●s , and pulled out the pin and set her aside as a guilty person , and child of the Devil , and fell to try others whom he made guilty . ( E ) Lieutenant Colonel Hobson perceiving the alteration of the foresaid woman , by her blood settling in her right parts , caused that woman to be brought again , and her cloathes pulled up to her Thigh , and required the Scot to run the pin into the same place , and then it gushed out of blood , and the said Scot cleared her , and said she was not a child of the Devil . ( F ) So soon as he had done , and received his wages , he went into Northumberland to try women there , where he got of some three pound a peece . But Henry Ogle Esq a late Member of Parlament laid hold on him , and required Bond of him to answer the Sessions , but he got away for Scotland , and it was conceived if he had staid he would have made most of the women in the North Witches , for mony . ( G ) The names of the prisoners that were to be executed , being kept in prison till the Assizes , and then condemned by the Jury being Burgesses were , Matthew Bulmer , Eliz. Anderson , Jane Hunter , Mary Pots , Alice Hume , Elianor Rogerson , Margaret Muffet , Margaret Maddison , Eliz. Brown , Margaret Brown , Jane Copeland , Ann Watson , Elianor Henderson , Elizabeth Dobson , and Katherine Coultor . These poor souls never confessed any thing , but pleaded innocence ; And one of them by name Margaret Brown beseeched God that some remarkable sign might be seen at the time of their execution , to evidence their innocency , and as soon as ever she was turned off the Ladder , her blood gushed out upon the people to admiration of the beholders . John Wheeler , Elianor Lumsdel , and Bartholomew H●dshon , proves the like . ( H ) The said Witch-finder was laid hold on in Scotland , cast into prison , indicted , arraigned and condemned for such like villanie exercised in Scotland . And upon the Gallows he confessed he had been the death of above two hundred and twenty women in England and Scotland , for the gain of twenty shillings a peece , and beseeched forgiveness . And was executed . ( I ) The Judgement nor Execution is not in question , nor questioned , being ordinary ; But onely it being desired to know by what Law the Magistrates of Newcastle could send into another Nation for a mercinary person to try women for Witches , and a Bell-man to cry for them to be brought in , and twenty shillings a peece given him to condemn them ? ( K ) Queery , and by what Law men are hired to give evidence to take away peoples lives , and the convicted estates to come to the Jurors , being extraordinary ? The Lord Protector , commands all Judges , Justices and Witnesses to appear to execute Justice , and give evidence gratis . Queen Elizabeth by her Charter grants to the Mayor and Burgesses , all fines and fellons goods in that Town and Liberties , Zech. 11. 5. See chap. 58. ( C. D. ) CHAP. LV. A. Robert Sharp . B. A●● Biulestone . ( A ) IOhn Wil●is of Ipswich upon his Oath said , that he this Deponent was in Newcastle six months ago , and there he saw one Ann Biulestone drove through the streets by an Officer of the same Corporation , holding a rope in his hand , the other end fastned to an Engine called the Branks , which is like a Crown , it being of Iron , which was musled * over the head and face , with a great gap or tongue of Iron forced into her mouth , which forced the blood out . And that is the punishment which the Magistrates do inflict upon chiding , and scoulding women , and that he hath often seen the like done to others . ( B ) He this Deponent further affirms , that he hath seen men drove up and down the streets , with a great Tub or Barrel opened in the sides with a hole in one end , to put through their heads , and so cover their shoulders and bodies down to the small of their legs , and then close the same called the new fashioned Cloak , and so make them march to the view of all beholders ; and this is their punishment for Drunkards , or the like . ( C ) This Deponent further testifies , that the Merchants and Shoe-makers of the said Corporation , will not take any Apprentice under ten years servitude , and knoweth many bound for the same terme , and cannot obtain freedome without . 5. Eliz. 4. These are such practices as are not granted by their Charter Law , and are repugnant to the known Laws of England . ( D ) Drunkards are to pay a Fine of five shillings to the poor , to be paid within one week , or be set in the Stocks six hours , for the second offence , to be bound to the Good B●haviour , 1 K. James 9. 21. 7. ( E ) Scoulds are to be Duckt over head and ears into the water in a Ducking-stool . ( F ) And Apprentices are to serve but seven years 5. Eliz. 4. I was certainly informed by persons of worth , that the punishments above , are but gentle admonitions to what they knew was acted by two Magistrates of Newcastle , one for killing a poor Work-man of his own , and being questioned for it , and condemned , compounded with King James for it , paying to a Scotch Lord his weight in gold and silver , every seven years or thereabouts , &c. The other Magistrate found a poor man cutting a few horse-sticks in his Wood , for which offence , he bound him to a tree , and whipt him to death , related by William Wall Vintner in Gates-side , Tho. Watson Scrivenor on Sandhill , and Ralph Watson late Minister in Northumberland . CHAP. LVI . ( A ) FIve and twenty years ago , upon the Trial with the Mayor and Burgesses of Newcastle , and Sir Robert * Heath the judgement of the most ancient and experienced Masters of the Trinity-House in London , were required in answer to the Town of Newcastles objections , as is upon Record in the Trinity-House . ( B ) Newcastles saith , if Ballast-shoars be suffered to be built at , or near the Shields * it would hinder the Towns Trade , and ●ndanger the River of Tyne . Neither can any Ballast-shoars be built at Shields below a ful Sea-mark , or in any part of the River by any but Newcastle , by reason all that ground to a full Sea-mark on both sides the River , is the Towns by Charter from Sparhawk to Headwin streams , fourteen miles in length . See chap. 20. ( A ) 19 ( E. G ) ( C ) Answer , to the first , it will not hinder the Town of Trade , but advantage the whole Nation , especially that Town , by reason double Trade will be drove thereby , and cause Coals to be cheaper at half Rates then now they are at , and the River better preserved . ( D ) Secondly , it will better the River , for Inning of void and waste grounds and flats in Rivers causeth the streams to be more strong , and run more swift , which thereby will soowr and cleanse the channel , and consequently gain more water to the River , preserve the banks from falling into it , help Navigation , for the deeper the water , the more Navigable , the lesse danger , and more safety for ships . See chap. 19. ( H ) * ( E ) It is also answered by others , if the ground to a full Sea-mark be theirs ; then why should they proffer to King Charles * two hundred pound for Jarrow-slike , 1637. All which the water covers , and is within a full Sea-mark . See 20. chap. ( C. D. ) ( F ) Also why should Thomas Bonner the Alderman , buy Sir Henry Gibs his Ballast-shoar to a low water-mark at Jarrow for his use from the Town ( were it theirs before ? ) ( G ) And why should Mr. Gibson * swear none of that ground which they claim to a full Sea-mark is theirs ? See 34. chap. ( B. ) ( H ) In the Treasury at Westminister those ancient Records , will quickly decide the controversie , making it appear , that the one third part of the River on the South-side belongs to the Gentry of the Country of Durham , and all grounds to a low water-mark ; and the like on the North-side to the Gentry of Northumberland , and the other third part free for ships and vessels to sail too and fro , for the relief of the Inhabitants . See Chap. 34. ( A ) ( * ) ( B ) See Chap. 4. ( * ) ( I ) It is too much , that the Corporation should be Lords of both the Sea , and all the Land. And it is too little , the Commoners in both Counties , should have neither Sea nor Land , being born to all alike . A quo Warranto would know by what power they claim one shilling for every Ballast Bill , one shilling for every Salt Bill , three pence for every Chalder of Coals , two pence for every weigh of Salt , and eight pence the Tun for all Ballast , and I am confidently perswaded ( K ) would void them all , for they are neither customary , nor warrantable by Law , ( so unlawful ; ) as for other duties , as Tunage and Poundage , Customes , Lightage , otherwise called Beaconage , Boyage , for maintaining of Peers , and Ancoridge with Tole , it will hardly be questioned , except abused , let them complain that are agrieved &c. See Stat. 30. Edw. 1. 1301. Instead of a Mayor in that , and such like Corporations , a King Cattelus spirit to govern , were better , who hanged up all oppressors of the poor , for an example , whereby he reigned twenty yeers in peace : Also a Lud , who made good Laws , and took away all usages that were bad , and reigned long in peace and plenty . CHAP. LIV. His Excellencie , O liuer Cromwell , Generall of all the Forces of England Scotland , & Ireland , Chancelour of the Vniversity of Oxford , Lord Protector of England . Scotland and Ireland . RG . fecit . Peter Stent Ex● : 1653. An Act for a Free-Trade in the River of Tyne for Coals , Salt , &c. ( A ) WHereas Trade and Commerce is become now more than formerly the interest of this Nation ; And it is therefore the duty , as well as the wisdome of this Parliament , to secure and advance the same : And in order thereunto , and for other great ends of Honour and Safety to increase the Shipping , and incourage Navigation . And And whereas a great part of the Stock , and wealth of this Nation lyes in the well husbanding and managing of those home Commodities of Coals and Salt , Milstones , Glasse , the chief trade whereof is exercised upon the River of Tyne . And in the County of Northumberland and Durham . ( B ) And whereas the Parliament hath been informed of great exorbitances done and committed , by the Town and Corporation of Newcastle upon pretence and colour of Powers , Priviledges , and Franchises granted to the said Corporation , whereby it appears , ( C ) That the free and quick trade of those Staple Commodities , hath been much obstructed , the River made dangerous , and in many places almost Un-navigable , and encrease of shipping , so considerable a Nurcery of Martiners greatly ruined , and Navigation too much discouraged ; for remedy herein . ( D ) Be it Enacted , Declared , and Ordained by this present Parliament , and by the Authority thereof , That all former Powers , Priviledges , and Grants made , and granted to the Town and Corporation of Newcastle , or to any other person or persons whatsoever for the conservancy of the River of Tyne , be , and are hereby repealed , made void , and null , and the Committee of the Admiralty by Authority of Parliament , or any five of them , be , and are hereby Authorized and required to nominate and appoint fit and able persons , as well of the Counties of Northumberland and Durham , Seacoast , and Port of London , as of the Town and Corporation of Newcastle , to have the charge of , and to be Conservators of the River of Tyne , and to invest , and impower the said persons , with all priviledges and power necessary , to enable them for the better , and more effectual carrying on , and performance of the said service . ( E ) And the said Commissioners are hereby further Impowred , and Enable from time to time , to give , and prescribe unto the said Conservators , Rules , and Instructions for to observe and pursue , and to require obedience thereunto , and to receive and examine complaints , and to hear Witnesses upon Oath ( which Oath they the Commissioners or any three of them are hereby enabled to administer ) and to punish offenders by reasonable fine , and punishment by imprisonment , and to displace , and to remove Conservators upon just and reasonable cause , and to lessen , or adde to their number as they shall see cause , and to direct and order all other matters requisite , and necessary for the conservancy of so famous and commodious a River , and for preventing of all such damages , mischiefs , and newsances as may hurt or ruine the same , and to settle a stipend upon the said Conservators , and to direct the same , and other necessaries , and incident charges to be allowed , and issue out of the profits of the said River . ( F ) And be it further Enacted and Ordained that sufficient and well fenced Ballast shoars , Keys , and Steaths be built and erected either at Shields , or such other convenient place , as the said Conservators , or the major part of them shall think fitting ; And the said Conservators are Authorized and required to use and direct all good wayes and means according to such powers and directions as they shall from time to time receive from the said Commissioners of the Admiralty to prevent and remedy all damages that may happen by losse of ships , and mens lives at Sea , by casting their Ballast over-board , or into the River , at unseasonable times , or unfitting places , or from the Ballast-shoars , being carelesly kept through great winds , rains , or other casualties washing down the Ballast , and that from henceforth , no Masters of any ships , or other vessels , be constrained to go up the River , and to heave out their Ballast at the shoars belonging to the Town of Newcastle , or be hindred to load Coals , or discharge their Ballast , where they may with most conveniency and safety perform it , as well to the Road-steads it self , as to their shipping . ( G ) And further , that all Masters of ships , trading to the said River of Tyne , have hereby liberty and power to make use within the said River of what Ship-Carpenter , or Ship-Wright , or other Artificers or persons they please , and find fittest for their own conveniency in times of distresse and necessity . ( H ) And of what able Sea-men they shall think fit for Pilots . ( I ) And have hereby liberty to buy , or take in at any place of the said Port of River , Bread , and Beer , and other necessaries for their own spending and victualling . ( K ) And that all Goods and Provisions which come in by Sea , for the use of the Salt-works , Colleries , and other buildings , at , or near the Shields , may be delivered at the Shields , course being taken for paying and satisfying all duties payable for the said goods and provisions . ( L ) And all persons , who are willing , are hereby encouraged , and have liberty to build ships and vessels on the said River , for the encrease of Trade and Navigation . ( M ) And that all this be done without any Fine , Imprisonment , Confiscation , or other molestation of any person , vessell , or goods , for , or in reference to any of the Princes , any Law , Usage , Practice , Custome , Priviledge , Grant , Charter , or other pretence whatsoever to the contrary notwithstanding ; Provided alwayes , ( N ) And it is hereby Enacted , that no Ship , or Vessell whatsoever , that shall bring in any kind of Merchandize or Grain for the proper use of the Town of Newcastle , usually coming to the said Town of Newcastle , and places adjacent beyond , shall deliver , or land the same , or any part thereof , at any other place within the said Harbour or Port , but at the said Town , or as near to it as formerly have been accustomed . ( O ) And to the end so useful a Commodity at that of Sea-Coal , wherein the poor of this Commonwealth are so principally concerned , may come cheaper to the Market ; and that Coal-owners may not be in a worse condition then the rest of the free people of this Nation . Be it Enacted and Ordained , That the said Coal-owners in the respective Counties adjacent to that River , may , and have hereby liberty to let Leases of their Coal-pits , and to sell their Coals to whom they please , as well to ships , as else-where for benefit of the publick , though they be not free of that Corporation of Newcastle , due course being taken for securing , paying , and satisfying to the State all duties payable thereupon . And be it further Enacted , That North-Shields in the County of Northumberland be made a Market-Town two dayes in the week to be holden , or Munday and Thursday , for the relief of the Country , the Garrison of Tynmouth Castle , the great confluence of people , and fleets of ships , and that the Commissioners of the Great Seal , be hereby Authorized to issue out such powers as are requisite , and usually done to other Markets in the Commonwealth . This is the Copy of what was to have passed after debate , if the late Parliament , had continued , &c. appointed to be drawn up by Order . Having given a short Relation of the sad Events by Charters , and acted by subjects , I shall now trouble your eye and ear to her what Kings have done to these poor Northern people formerly . Therefore now deliverance is expected , &c. leaving it to the judgement of the Reader to judge whether it be not time , &c. viz. The Danes laid claim to the Crown of England , the Kings laid claim to the peoples Lives ; and Corporations to their estates , ( what was free ? ) Judge what reason England hath to submit to those Illegal Charter-laws , invented by a Prerogative , whose usurpation was not to be owned , as by the sequell appears ; King Harrold who assumed the Crown of England to himself , lead an Army to battell in Sussex , where William the Conqueror , Bastard Earl of Normandy met him , having the assistance of the Earl of Flanders , by reason he was promised a good part of England if he Conquered it , at which place King Harrold was killed , and sixty seven thousand nine hundred seventy four English-men , In the year 1060. at which time he consumed many Towns , subduing where ever he came , except Kent , who contracted to hold their land in Gavel-kind , all England else being over-come by this said Stranger , &c. When the Normans ruled England , the Laws were in that Tongue , but they being extinguished , we find the benefit of our Laws in our own Tongue , and doubts not but to be restored to our ancient right ; for so long as Monarchs were Rulers , Monopolies were in force , but now such power being thrown out of doors , and being become a Civill free State under the Government of our own Free-born ; Chosen , according to the Command of God , as Deut. 17. 14 , 15. by which Monopolizers dare not assume to petition for a revival of such their Illegal grants , being found to be the greatest of evills in a Commonwealth . All Kings were sworn that Justice should neither be bought nor sold , nor any hindred from it ; to ordain good Laws , and withstand all Rapines , and false Judgements . Charters are no other than Commissions , Impowring persons uncapable of the Laws , to be Judges and Justices in every respective Corporation , which Charter and Commission is sold , and the members thereof are Judges in their own causes . So Justice is both bought , and sold , besides breach of Oath , neither can a Foreigner obtain any right , if it be against the said Corporation , so that it is right in these Judges judgement to do wrong . I shall give you a short Relation of the Miseries , the County of Northumberland hath tasted of to this day from William the Conqueror , and what little need there is Newcastle should so Tyrannize over them , &c. WIlliam the Conqueror having killed many , and destroyed the land , and brought under his subjection , the people , caused such who did oppose his forces , at Ely , to have their legs and hands cut off , and their eyes put out , and then gave liberally to all his Norman race , Earldoms , Baronies , Bishopricks Honours , Mannors , Dignities , and Farms , all being got by the sword ; Upon his Divisions , &c. the Earle of Flanders sent to know what part he should have for assisting him , who sent him word nothing at all , by reason all was but little enough for himself ; Then he gave to his Son Robert Cuming the Earldome of Northumberland , who in possessing of it , acted such cruelty with his Army , which came against Malcolm King of the Scots . The said Robert built the Castle called the Newcastle upon the River of Tyne in the County of Northumberland , about which was built the Town called Newcastle , the Town taking its name from the Newcastle , and not the Castle from the Town , the said Northumberland being so oppressed , that they fell upon Robert Son to the Conqueror , killed him , and his whole Army ; Upon which William the Conqueror sent another Army , who had command to kill both men , women , and children , who did it , and wasted the whole County , that for nine yeers there was not any food to be got : And such who had hid themselves in Coal-pits , and other places , were constrained to eat Dogs and Cats , dead Horses , and mens flesh , and many of them starved to death , all which nine years time not any ground tilled . Northumberland being recruted , and most shamefully abused by the Bishop of Durham , who killed Levisus , was killed by them , for which William the Conqueror sent down Odo , with an Army , who totally laid Northumberland to waste , cut off the heads of all the people after they had dismembred them . Little of Confession or Repentance was by King John , as was by William the Conqueror , for he upon his Arrest at the Suit of Death , confessed he had committed many outrages , and won England by the Sword , and not by Inheritance , and was heartily sorry for the wrongs he had done , and required his body to be buried at Cain in Normandy , when he was dead , they would not affoard him a burial-place till such time as one of his relation was constrained to purchase so much ground , but soon after they defaced his Tomb , took up his bones , and brake them , and cast them away . In the fifteenth year of King Richard the second , the Scots burnt all the Towns of Northumberland , and the North , as far as York , except Rippon , who redeemed themselves with a sum of mony . In the sixth year of King Edward the third , 1332. a great Battel was fought between the English and the Scots near Barwick , where was killed eight Earls , fifteen hundred Horse , and thirty five thousand Foot. In the thirteenth year of King Edward the third , 1339. An inundation of water surmounted the Wall of Newcastle , and broke down six pearches in length and drowned one hundred and sixty persons neer the Wark Knowl . In the year 1345. William Douglas lead into Northumberland above thirty thousand Scots , and fired many Towns , but was overcome by a stratagem with Bishop Ogle . The next year 1346. King David , King of the Scots , entred Northumberland with a great Army , and fought at Nevils-Crosse , where he was overthrown , himself taken prisoner by one Copland of Northumberland , who had five hundred pound per Annum given to him , and to his heirs for ever . In King Richard the seconds dayes 1379. the Scots entred England , and killed all men , women and children in the North parts notwithstanding the plague was sorely amongst them . 1383. The Scots entred England , and lead all the people away prisoners that were in Northumberland , and laid that County to waste . 1384. They entred again , and did the like . 1389. The Scots again invaded England , where a great battel was fought at O●terborn in Northumberland , where they were over-thrown , and eleven hundred killed , and thirty thousand put to flight ) who upon their flight killed men , women , and sucking babes , and filled houses with people , two hundred in a house , and then shut the doors , and fired the houses . 1399. King Richard the second , caused seventeen Counties to be indicted , pretending they were all against him ; with the Duke of Glocester , Arundel , and Warwick , and commanded them all to give it under their hands , and seals , that they were Traytors , though indeed they never were : And then he makes them pay some a thousand pound , some more , some lesse . King Henry the fourth ; Great fights were between Doughlas and Piercy in the North. And in the years 1639. and 1643. and 1648. It being well known to all , the misery they brought upon the North , and heavy Impositions both upon the North and South parts , as appears in the close of the Epistle to the Reader , &c. It is no small mercy that we now live so in peace , here being none of those bloody times , and our Ancestors would willingly have enjoyed this mercy , and we hunger after blood which they wallowed in , what bloody minded men are these ? I wish them in better minds , and to be contented with that which in former times could not be obtained . Many have admired the poverty of Northumberland , as well they may , for what with the bloody Tyrants , the Scots on the North of that poor County , and oppressive Corporation of Newcastle on the South thereof , bounded in with the High-lands on the West , and the Sea on the East , that it can get nothing but stroaks , and worried out of what they have , and not being tollerated to make use of their own , and cold blasts from the Sea ; but it would be otherwise if such Gentlemen might be re-imbursed for such sums of money as they would expend to vend Coals out of Hartly , Blithe , and Bedlington Rivers , which be convenient places to vend them at , after some charge , which would be done , by having either their money again , or Custome free , for some years to re-imburse them , which would not onely make that poor County as rich as any is , but reduce the excessive rates of Coals and Salt , and bring in many thousands per Annum into the publick revenew , &c. enable the people to be serviceable , and abundantly increase Trade and Navigation , as also there being as good Coals as possibly can be burnt , which now lyes , &c. and others not knowing their right is stript of it . But if one thing they look after , which is to examine some Records , they may perceive what is their Rights , and which was , especially in a book lodged in the Exchequor , made in the year 1080. it being called Domus Dei , or Dooms day , being a perfect Survey of all the Lands in England , the Rent , Value , Quantity &c. by which William the Conqueror taxed the whole Nation , and it goeth by the name of the Role of Winton , being ordered to be kept in Winchester , and recites the Earldomes , Hundreds , Tythings , Woods , Parks , and Farms , in every Territory and Precinct , with Plowlands , Meadows , Marshes , Acres , &c. what Tenements , and Tenants , then the Corporation of Newcastle , might be as glad to keep what is their own , as they are to take from others , &c. CHAP. LVII . THe reason of my Collecting these few Statutes is , to shew how they are intrenched upon by an illegal Charter , and pressing upon a remedy shal , cite Poulton , which is , that seeing we have all received , and allow it for truth , that the ignorance of the Law , doth excuse none of offence ; and also that the Law doth help the watchful , and not the sloathful man. Therefore it behoveth each person first to seek the knowledge of those Laws , under which he doth live , and whereby he is to receive benefit , or to sustain peril , and next with all industry to frame his obedience unto them , or humbly to submit himself to the censure of them . And though we find by experience that some men by the sluggishnesse of their natures , others by the carelesnesse of their own welfares ; And a third sort wholly given over to pleasures and vanities do little respect to know , and lesse to obey our criminal and capital Laws , being things of great moment & importance , and therefore do oftentimes taste the smart of them , and repent of their follies when it is too late . Many there be that by reading , desires to conceive them , others for increase of their knowledge , others in their actions , to be directed by them ; therefore to content such as knoweth not as yet , these heads that they may know what they condemn , and do tend to the breach of the peace of the Realm , and to the dislike of all the good members thereof ; and what punishments she hath imposed upon the Transgressors therein , and by whom , and in what manner to be inflicted especially upon Murder , Robbery , Riots , Forgery , Perjury , Extortion , and Oppression , in any of which cases , any person maketh it his own cause , and doth in a sort take it to be done to himself , and ought to reduce the Transgressor ; Nay his Highnesse by his Oath , and all people else are bound to punish them as being Transgressors of his Laws and disquieters of the Peace , therefore ought to be rooted out , as the Husbandman the thistle from the good corn , and the Gardner his nettles from his sweet flowers , wherefore seeing a guilty person in any of the offences aforesaid is persecuted in deed , or consent by all , wishing well to the Weal-publick , or their own private estate . It is requisite that good men which eschew to offend for the love of vertue , and evill men , which fear to offend for the dread of punishment , should both know those Laws , which they are to make use of , and the penalties which be threatned to the infringers thereof , to the intent the good man having a will to stand , may trust to his feet , remain firm , and continue his integrity , and the evill man beginning to stagger , may bend his endeavour to stay and slide no further ( this labour ) being to the intent that the well-meaning man being made the better , and he or they that before were lewdly disposed , the lesse hurtful , may all at the last meet and joyn in seeking and ●urtherance of that peace which will be comfortable to the Lord Protector , and Nation , and pleasing both to God and man. These Laws are preservers of the peace , and layes heavy punishments , upon the withstanders , or deniers thereof they are his Highnesse Privy Councellors incessantly , respecting the preservation of his Person , and Dignity ; they be as his Gentlemen Pentioners attending daily his presence to do him all Honor and Service , being as the Yeomen of his Guard , waiting day and night to protect him , for his protecting the Nation and them , and from all forcible assaults , and other perils . Also they be as his great and goodly Ships , which hath purchased Freedome on the Seas , and now lyes hovering up and down as his Castles , and strong Forts of defence as wel as they which stand upon the land , wherewith he doth prevent foreign Hostility , represse inward tumults , & so keep himself and the people in peace and safety : Likewise as his Judges , Justices , Sheriffs , Constables , and other Officers , watching every hour and moment , in all Shires and Counties , places , and corners of the Nation , to represse outrages , and to maintain peace . To maintain these Laws , every good member hath the like benefit as himself hath , for in fear of them , every person doth enjoy his life and limbs in peace , and is defended from the bloody-minded Murderer , and Man-queller , and the rage of the furious Quarreller and Fighter , and in fear of them , the house-keeper resteth in peace with his wife and family under his own roof , the terror hereof doth often restrain godlesse people from committing perjuries , frauds , and deceits , and impudent and shamelesse men to wrest from others by Bribery , Extortion or Oppression . And divers there be who neither by the Laws of God , of Nature , or Reason , will be bridled and reduced to vertue , yet by the penalties , and fear of our Capital and Criminal Laws , do yeeld to be curbed . And we should now observe with what care our Forefathers had from one Age to another , and what Ordinances they established in Parliament , that several Penal , Criminal and Capital Laws and Statutes , should be read , or proclaimed in Churches , in Fairs , in Markets , at the General Assizes , and Quarter-Sessions of every County , at Leets and Law-dayes , and in every Inns of Court , and Chancery , and how the same is continued and put in practice , to the intent that the same Laws , and the penalties thereof , should be heard , learned , known , and understood by all sorts of persons , willing to perceive , and apprehend the same . Charter-Law is not so , but like the foul Spirit in the Air , still ranging , never at rest , nor will let others take any , never seen , but heard in every corner , striking at the pure Law , to advance it self , it forces people to a kind of an Order in a Town , and the whole Nation to a disorder . The chiefest reason , why I give a recital of the Penal-Laws , is , that the ignorant may see how well they are provided for , and not to be left blind , and only being instructed by the Extortioner himself , what they must pay for Fees , &c. ( but that they may know themselves ) and to remedy themselves when offended , for such Oppressors would discover no more , for safety of their purses , or bodies , then care was taken formerly for others souls , when it was ordained that the Bibles should be in Latine , and not in English , as appears by Statute the 34. of Henry 8. several persons restrained from reading the Bible in English , &c. to keep them in ignorance , &c. CHAP. LVIII . The Oath of an Attorney at Law. ( A ) YOu shall do no Falshood , nor consent to any to be done in the Court , and if you know of any to be done , you shall give knowledge thereof unto my Lord Chief Justice , or other his brethren , that it may be reformed ; You shall delay no man for lucre or malice ; You shall increase no Fees , but shall be contented with the old Fees , accustomed ; You shall plead no foreign Plea , nor suffer no foreign Suits unlawfully , to hurt any man , but such as shall stand with order of the Law , and your Conscience ; You shall seal all such Proses as you shall sue out of the Court with the Seal thereof , and so the Kings Majesty , and my Lord Chief Justice discharge for the same ; Yee shall not wittingly , nor willingly Sue , nor procure to be sued any false Suits , nor give aid , nor consent to the same , in pain to be expulsed from the Court for ever . And furthermore ; You shall use your self in the Office of an Attorney within the Court according to your learning and discretion . So help you God. See Stat. 3. K. James 7. The Oath of an Vnder-Sheriffe , Bayliffe of Franchises , Deputies , and Clerks of Sheriffes , and Vnder-Sheriffes . Stat. 27. Eliz. 12. ( B ) I ( A. B. ) shall not use or exercise the Office of Under-Sheriffe corruptly during the time , I shall remain therein . Neither shall or will except ; rejoyce , or take by any colour , means , or device whatsoever . Or consent to the taking of any manner of Fee or Reward of any manner of person or persons for the impanielling or returning of any Inquest Jury , or Tales in any Court of Record , for the Queen * or between party and party above two shillings , or the value thereof , or such Fees as are allowed and appointed for the same by the Lawes and Statutes of this Realm . But will according to my power , truly and indifferently with convenient speed , impanel all Jurors , and return all such Writ or Writs * , touching the same , as shall appertain to be done by my duty or Office during the time I shall remain in the said Office , So help me Gd , and by the Contents of this Book . The reason I write these Oaths is , that perjury may the better appear to be punished in Officers as well as others . The Oath of a Jury . ( C ) You shall truly enquire , and due presentment make , of all such things as you are charged withall , on the Lord Protectors behalf , the Lord Protectors Council , your own , and your fellows , you shall well and truly keep , and in all other things the truth present . So help you God , &c. The Oath of those that give evidence to a Jury upon an Indictment . ( D ) The Evidence you shall give to the enquest upon this Bill , shall be the truth , the whole Truth , and nothing but the truth ; and you shall not let so to do for malice , hatred or evil will ; nor for meed , dread , favor , or affection . So help you God , and the holy Contents of this Book . CHAP. LIX . King Charls his Oath at his Coronation , with his hand upon the Bible at the Altar . ( A ) SIR , Will you grant and keep , and by your Oath confirm to the people of England their Lawes and Customs to them granted by the Kings of England , your lawfull and Religious Predecessors , and namely , the Laws , Customes and Franchizes granted to the Clergy and to the people by the King St. Edward your predecessor , according , and conformable to the Laws of God , and profession of the Gospel established in this Kingdom , and agreeing to the Prerogatives of the Kings thereof , and to the antient Customs of this Realm ? Respons . I grant , and promise to keep . SIR , Will you keep peace and agreement intirely according to your power , both to God , the holy Church , the Clergy , and the people ? Respons . I will keep it . SIR , Will you to your power , cause Law , Justice and Mercy , in discretion and truth , to be executed in all your Judgements ? Respon . I will. SIR , Will you grant to hold and keep the Laws , and rightfull Customs * , which the Commonalty of your Kingdom have , and to defend and uphold them to the honor of God , so much as in you lieth ? Respons . I grant and promise so to do , and shall observe and keep . So God me help and the Contents of this book . King Johns Oath and fealty to the Pope Innocentius , An. Dom. 1213. ( B ) JOhn by the Grace of God , King of England , France and Ireland , from this hour forward shall be faithful to God * and to St. Peter , and to the Church of Rome , and to my Lord Pope Innocentius and to his Successors lawfully entering , I shall not be in word and deed , in consent or counsel , that they should loose Life or Member , or be apprehended in evill manner ; their loss if I may know it , I shall impeach and stay so far as I shall be able , or else so shortly as I can , I shall signifie unto them and declare the same unto you the Councill , which they shall commit unto me , by themselves , their Messengers , and their Letters ; I shall keep secretly and not utter to any man to their hurt to my knowledge , the Patrimony of St. Peter , and especially the Kingdom of England and Ireland . And I shall endeavor my self to defend against all men to my power . So help me God , and the holy Evangelist , Amen . See his reassignation of the Liberties after this Oath to the Barons of the Liberties of England in ch . 1. ( K ) CHAP. LX. The Oath of a Mayor of a Corporation . ( A ) YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament , and the Commonwealth in the Office of a Mayor , and as Mayor of this Town and Borough of Newcastle , for and during the space of one whole year now next coming ; and you shall minister equal Justice as well to the poor as rich * , to the best of your cunning , wit and power , and you shall procure such things to be done as may honestly and justly be to the profit and commodity of the Corporation of this Town . And also shall indeavor your self to the utmost of your power to see all Heresies , Treasons , Fellonies , and all other Trespasses , Misdemeanors * , and Offences whatsoever to be committed * within this Town and Borough , during the time of your Office to be repressed , reformed and amended * , and the Offenders duly punished according to the Law * . And finally , you shall support , uphold and maintain the Commonwealth , within this Town prescribed , Customs , Rights , Liberties , Jurisdictions , Franchizes , Compositions and all lawful Ordinances of this Town and Borough * . And as concerning all other things appertaining to your Office , you shall therein faithfully , and uprightly behave your selfe for the most quietness * , benefit , worship , honesty , and credit of this Town , and of the Inhabitants thereof . So help you God. The Oath of Burgesses of Corporation . ( B ) YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament , and the Inhabitants of this Town , and Borough of this Town , as one of the Burgesses of this Town , and shall minister equall Justice to poor and rich , after the best of your cunning , wit , and power . And also shall well and truly observe , perform , fulfill and keep all such good Orders , Rules and Compositions as are or shall be made , ordered , or established by the Common-Council of this Town , for the good Government thereof , in all things to you appertaining . And you shall not utter or disclose any counsel , or secret thing , or matter touching the Fellowship or Corporation of this Town , whereby any prejudice , loss , hinderance , or slander , shall or may arise , grow or be to the same Corporation : But you shall in things belonging to the Fellowship or Corporation of this Town , faithfully , honestly * , and indifferently behave your self for the most benefit , and honesty of this Town and the Inhabitants thereof . So help you God. The same Oath is for the Aldermen . Where the Stars are in the Lines there will appear breaches . CHAP. LXI . The Oath of a Sheriff . ( A ) YOu shall swear that you shall well and truly serve the Keepers of the Liberties of England by authority of Parliament in the Office of a Sheriff of the County of N. And do the Keepers of the Liberties of England profits in all that belongeth you to do by way of your Office , as far forth as you may or can . Yee shall truely keep the Keepers , &c. and all that belongeth to them . Ye shall not assent to decrease , to lessen , nor to concealment , of any of their Rights or Franchizes , and whensoever yee shall have knowledge that their Rights be concealed or withdrawn , be it in Lands , Rents , Franchizes , or Suits , or any other thing ; ye shall do your true power to make them be restored to them again ; And if ye may not do it , ye shall certifie them thereof , such as you know for certain will say unto them , ye shall not respect their debts for any gift or favour , when ye may raise them without grievance to the Debtor . Ye shall truly and righteously treat the people of your Sheriffwick , and do right well to poor as to rich , in all that belongs to your Office. Ye shall do no wrong to any man for any gift or other behest , or promise of goods , for favour nor hate , ye shall disturb no mans right , ye shall acquit at the Exchequer all those of whom ye shall any thing receive of the Keepers , &c. debts ; ye shall nothing take whereby the Keepers &c. may loose , or that Right may be letten or disturbed , or the Keepers , &c. debt delaid . Ye shall truly receive , and truly serve the Keepers , &c. Writs as far forth as it shall be in your cunning ; ye shall not have to be your Under-Sheriff , any of the Sheriffs Clerks of the last years passed ; ye shall take no Bayliff into your service but such as you will answer for ; ye shall make each of your Bailiffs make such Oath as you make your self in that that belongeth to their occupation ; ye shall receive no Writs by you nor any of yours unsealed , nor any sealed under the seal of any Justice , save of Justices of Eyre , or Justices assigned in the same Shire , where you be Sheriff in , or other Justices having power or authority to make any Writs unto you by the Law of the Land. You shall make your Bayliffs of the true and sufficient men in the Country ; ye shall be dwelling in your own proper person within your Bayliwick for the time ; you shall be in the same Office except you shall be licenced by the Keepers , &c. you shall not let your Sheriffwick , nor any Bayliwick thereof to farm to any man ; ye shall truly set and return reasonable and due luses of them that be within your Bayliwick after their estate and behavior , and make your pannel your self of such persons as be most meet , most sufficient , and not suspect nor procured , as it is ordained in the Statute , and over this in eschewing and restraining of the Robberies , Manslaughters , and other manifold grievous offences , that be done daily by such as name themselves Souldiers , and by other Vagrants , by which increase in multitude and number , so that the good people may not safely ride nor go to do such things as they have to do , to their intollerable hurt and hinderance ; Ye shall truly and effectually with all diligence possible , to your power execute the Statute of Winchester for Vaggabonds . All these things ye shall well and truly observe and keep . So help you God. It is the judgement of learned Councel , that Sheriffs may be indicted for perjury by wilful neglect of their duty , as other persons wilfully or procuringly perjures themselves , &c. King Hen. 3. King Henry the 3. Was Crouned at the age of 9 Yeres the 28 october 1216 he Raigned 56 Yeres and 20 dai●s . dyed the 16 of nouember 1272 tyeth buried at Westminster . None to be condemned but by the judgement of the Law. SStat . ninth year of his Reign , chap. 29. in Parliament , enacts , that no Free-man shall be taken or imprisoned or be disseazed of his Free-hold , Liberties ; or free Customs , or pass upon him or condemn him but by lawful Judgement of his Equals , or by the Law of the Land ; we will not sell to no man , we will not defer to any man either Justice or Right . Reg. fo . 186. Coke Pla. 456. Dyer fo . 104. Coke lib. 5. fo . 64. lib. 10. fo . 74. lib. 11. fo . 99. Stat. 2. Edw. 3. 8. 5. Edw. 3. 9. 14. Edw. 3. 14. 28. Edw. 3. 3. 11. Rich. 2. 10. 3. Carol. Pet. of Right . See ch . 38. ( A. C. ) Bakers and Brewers , faulty , to be punished . Stat. 51. year of his reign 1266 Enacts , That if any Baker or Brewer be convict , because he hath not observed the Assize of Bread , and Ale , for the first , second and third time he shall be amerced according to his offence , but if he amend not , then to suffer punishment of body , the Baker to the Pillory , and Brewer to the Tumbrel , which shall not be remitted for Gold nor Silver ; and Impowres Ale Cunners in every Town , &c. every Baker to set his own mark on his Bread. See ch . 49. ( C ) King Hen. 4. HENRY the 4. borne at Bollingbroke in the Countie of Lincolne . began his Raigne the 26. of September . 1399. Raigned 13. yeares & 6. moneths & died in A● : D : 1413. Of the age of 46. Yeares . buried at Canterbury Justice shall be done in England . STat. first year of his Reign Chapter the first , Enacts the confirmation of the Liberties of England , and all Statutes not repealed , Peace shall be maintained , and Justice shall be done to all men . Sheriffes shall not let their County to Farm. Stat. the fourth year of his Reign Chapter the fifth , Enacted that every Sheriff in England shall abide in proper person within his Bayliwick for the time he shall be such Officer ; And that he shall not let his Bayliwick to Farm to any man for the time that he occupieth such Office , and that the said Sheriffe be sworn from time to time to do the same in special , amongst other Articles comprized in the Oath of Sheriffs . Stat. 23. Hen. 6. 10. King Henry the Fifth . Henry the 5. began his Raigne . the 20. of March. Was Croun●d At Westminster . the 9 of Aprill ▪ 1413. He Raigned 9 Yeares . 2. months . died in the caste● of Boyes nere paris the 13 of Aug●st 1422. buried at Westminster . Coals to pay two pence per Chaldron Custome , and Keels to be measured . ( A ) STat. the ninth year of his Reign , Chap. 9. 10. It was Enacted the King should have two pence of every Chalder of Coals of Unfranchized men , in the River and Port at Newcastle upon Tyne , as Customes ; And for the better knowledge of such Customes , ordains that all Keels or Boats , which carried Coals to ships should be of the just burden of twenty Chaldron of Coals , notwithstanding this Act , the Newcastle men made the Keels to carry some two , and some three and twenty to wrong the King of his Customes , which great Cheat was proved in Parliament , where they Enacted to prevent such like , for the future that sworn Commissioners should mark all Keels and other Vessels carrying Coals to ships upon pain of forfeiture , of Keel and Coals . See Chap. 9. ( A ) 11. Chap. ( 1 ) King Henry the Sixth . Henry the 6 of the age of 8 moneths Began his Raigne . 〈◊〉 of September . 1422 Crowned at Westminster . the 6 of Nouember 1429 Afterward Crowned at Paris 7 September 14●● . Raigned 38 yeares 6 moneths 4 dayes Buried at Winsore . Punishments of Customers for not clearing Ships . ( A ) STat. the eleventh year of his Reign , Chap. 15. Enacted , That for as much as the Customers and Controlers in the Kings Ports , do not write any Warrants in discharge of Merchants of their Merchandizes by them shewed , and duely customed , Transported , or Imported , the same Customers , and Controlers do imbezel the Kings Customes , & the Merchants be greatly hindred , because that the Warrants might plainly shew , and declare their due custome when they be often and unduly impeached in the Kings Exchequor in consideration of the said deceits , it was Enacted that the said Customers , and Controlers shall write , and deliver sufficient Warrants sealed with the Seal of their Office , to that end ordained , to the said Merchants not anything to begiven for the same , but their due Custome ; And that in case any Customer or Controler do the contrary , then the Merchant may have an action by vertue of this Ordinance to pursue every Customer or Controler that doth the contrary in every Court of Record , and being thereof attainted shall forfeit to the King for every default ten pounds , and to the Merchant grieved that sueth , five pound . 11. Hen. 6. 15. ) See Chap. 45. ( E. ) The great danger occasioned by small Riots . ( B ) In the 37. year of his Reign , began such Riots , Routs , and unlawful Assemblies , that it produced a worse effect then in King Richard the seconds daye● , which was occasioned between a Yeoman of the Guard , and a Serving-man of the Earle of Warwick , which so far increased , not being timely prevented , that it proved the root of many a woful Tragedy ; brought to death the Duke of York , who was proclaimed Successor to the Crown , the King , Prince Edward his Son , all , or most of the Peers of the land destroyed by sidings , and at least six and thirty thousand of the common people cut off at one battel at Toughton in Yorkshire , the King , Queen , and Prince put to flight to Barwick . See Richard the second , what was done . See Chapter 37. ( A. ) 3. Hen. 6. See Rich. 2. ( E. ) Sheriffs Fees , none of his Officers shall be returned upon Inquests , letting to Bayl , &c. ( C ) Stat. 23. Hen. the sixth , Chapter 10. The King considering the great-Perjury , Extortion , and Oppression , which be , and have been in his Realm by his Sheriffes , Under-Sheriffs , and their Clerks , Coroners , Stewards of Franchizes , Bayliffs , and keepers of prisons , and other Officers in divers Counties of this Realm , have ordained by the Authority aforesaid in eschewing of all such Perjury , Extortion , and Oppression ; and that because the Sheriffe of every County , is a great and necessary Officer in the Commonwealth , and used as a special instrument to the furtherance of Justice in all Suits pursued at the Common-Law , and his service is imployed in the beginning , prosecuting , and ending of the most of them , therefore as the Law hath alwayes had a special regard of him , and foreseen that he shall be a man of wisdome , of worth , of credit , countenance and ability ( this is not William Fenwick of North-Riding in Northumberland , for he derogates from them all ) and that he shall be allowed a convenient stipend , and sallary for his pains in most cases ; so doth she carry a vigilent and watchful eye upon him , and his inferiour Officers , or Substitutes , knowing what grievous Oppressions might ensue , if she should leave a man of his Authority , and necessary imployment at liberty , to dive at his pleasure into other mens purse , and to take what he would ( as William Fenwick doth ) therefore she hath restrained him , his Under-Sheriff , Bayliffe of Franchizes , and other Bayliffes ( most of which are forsworn ) within certain Lists , and assigned them what they shall take for Arrests , Attachments , Mainprizes , letting to Bail , and serving of Executions , which if any of them do exceed , he shall forfeit forty pound a time , and shall be adjudged an extortioner , in which said Statute it is Enacted , that no Sheriffe , Under-Sheriffe , or any Bayliffe , by occasion , or under colour of his Office shall take any other thing by themselves , or any other person to their use , or to their profit of any person by any of them Arrested or Attached , nor of any other for them , for the omitting of any Arrest or Attachment to be made by their bodies , or of any person by any of them by force or colour of their Office , Arrested or Attached for Fine , Fee , Mainprize , letting to Bail , or for shewing any ease or favour to any such person so Arrested for their reward or profit , but such as follows ; the Sheriffe twenty pence ; the Bayliffe , which maketh the ☜ Arrest or Attachment four pence , the Gaoler if the prisoner be committed to his Ward four pence ; for making of a Return or Paniel , and for the copy of a Paniel four pence ; no Bond to be made by them under colour of their Office , but onely to themselves , for the appearance of any prisoner at the day prescribed , and what Bond is otherwise is void ; and he shall take no more for making such Obligation , Warrant , or Precept by him to be made but four pence ; And all Sheriffes , Under-Sheriffes , Clerks , Bayliffes , Gaolers , Coroners , Stewards , Bayliffes of Franchizes , or any other Officer or Ministers , which doth contrary to the aforesaid Ordinances in any point of the same , shall lose to the party in this behalf endamaged or grieved , his treble damages , and shall forfeit forty pounds , at every time that any do the contrary in any point of the same , whereof the King shall have the one half , to be imployed only to the use of his house , and the other to the party that will sue for the same , by Bill , Plaint , &c. I shall lay open the excessive Fees extorted by the Sheriffs of Northumberland against the Law , viz. Return a tales 6 s. For allowance of a pony 9 s. 2 d. For allowance of a Writ , false judgement 16 s. 6 d. Upon Execution granting out 15 s. And all upon the Defendant after Execution 1 l. 11 s. 6 d. For breaking open an original Proces 2 s. 6 d. For the Warrant thereof 6 d. Bayliffs for the Arrest from the Plaintiff 1 s. From the party Arrested 1 s. 8 d. To file Bayl above and taking the Declaration 8 s. This is costly Law. This Justice is both bought and sold , &c. A Bill of Indictment before a Judge would reduce these , &c. The Form of an Indictment for Sheriffs . ( D ) London ss . The Juros for the Lord Protector of the Commonwealth of England , Scotland , and Ireland , &c. Upon their Oaths , do present , That John Butler of London Sheriffe , the 20. day of August in the year of our Lord God , 1652. being then Sheriffe , and Keeper of the Prison of the Newgate in London the day and year aforesaid , did by force or colour of his said Office , as Sheriffe and Keeper of the said Prison , unlawfully and extortionously exact and take of one John Cuthberton , then and there being arrested and imprisoned in the said Prison under the custody of the said Sheriff , at the Suit of John Roe , the sum of six shillings and eight pence , for the Fee of the said Sheriffe , and Keeper , for the custody of the said John in the said Prison from the 20. day of the Month of May in the year aforesaid , untill the 20. day of August then next following , to the great damage of the said John , and to the evill example of others in the like case offending , and contrary to the Form of the Statute in such case made and provided , and against the publick peace . See Cha. 58. ( C ) ( D ) ( B ) Stat. 23. Hen. 8. 3. King Henry the Seventh . Henry the 7. began his Raig●e the 22. of June 1485. And was Crowned at westminster the 30 of octob : Hee Raigned 25. years and 8. monthes . and died the 22. of April . lieth buried at westminster . STat. three of Henry the seventh Chapter 1. * It is Enacted if any Coroner be remisse , and maketh not Inquisition upon the view of the body dead , and certifie not according to his Office , It is ordained that he shall for every default forfeit five pounds . See Chapter 10. ( O. P. ) Chap. 48. ●9 . 49. Weights and Measures , &c. Stat. 11. Hen. 7. chap 4. For as much as many grievances have been set forth unto this present Parlament of the great fraud and deceit in Measures & Weights , for remedy whereof it is ordained and enacted , that to the Knights and Citizens of every Shire and City , assembled in this present Parlament , Barons of the Five Ports , and certain Burgesses of Burrough Towns , ere they depart from this present Parlament be delivered one of every Weight and Measure which now is made of brass for the good of the Subject , according to the Kings Standard of his Exchequer of Weights and Measures , and that they shall cause all common Weights and Measures to be as abovesaid , and all such as prove defective then such weights and measures , shall be broken and burnt , and the party pay twenty shillings , and be set in the Pillory ; the Quarter of Corn to be eight bushels raised and struck , and fourteen pound to the Stone of Wool , &c. and water measure to be five pecks on ship-board , according to the Standard . &c. See chap. 49 , ( C ) No Ordinance to be made by Corporations , &c. By Act of Parlament 19. Hen. 7. 7. That Masters , Wardens and people of Guilds , Fraternities and of other Companies Corporate , oftentimes by coulor of Rule and Governance to them granted by Charter , and Letters Pattents , made amongst themselves many unlawfull and unwarrantable Ordinances , as well in prizes of wages as other things , for their own singular profit , and to the common hurt and damage of the people , Be it enacted , and it is hereby Enacted , that no such Master , Wardens , nor Companies * , make nor use any Ordinance , in disheritance , nor diminition of the Prerogative of the King , nor of others * , nor against the common profit of the people , nor none other Ordinance of charge , except it were first discust , used , and proved by good advice of the Justices of Peace , or the chief Governors of Cities , and before them entred upon Record , and that upon pain to loose and forfeit the force and effect of all the Articles in their said Letters Pattents , and Charters contained concerning the same , and over that to pay ten pounds to the King for every Ordinance that any of them made or used to the contrary ; the same Ordinance to in●ure at the Kings pleasure , which Act was then expired , and since the expiration of the same , many Ordinances have been made by many private Bodies within divers Cities , Towns , and Burroughs , contrary to the Kings Prerogative , his Laws , and the common weal of his Subjects . Be it therefore enacted that no Masters , Wardens and Fellowship of Crafts or Mysteries , nor of any Rulers of Guilds or Fraternities * , take upon them to make any Acts or Ordinances , nor to execute any by them heretofore made in dishertion or diminition of the Prerogative of the King , nor of other , nor against the common profit of the people , except the said Acts and Ordinances be examined and approved by the Chancellor , Treasurer of England , or Chief Justices of either Benches , or three of them , or before both the Justices of Assizes in their Circuit in the Shire where such Acts or Ordinances be made , upon pain of forfeiture of forty pounds for every time they doe to the contrary ; And over that it is Enacted that none of the same Bodies Corporate take upon them to make any Acts or Ordinances to restrain * any person or persons to sue to the King or any of his Courts for due remedy to be had in their causes , nor put , nor execute any penalty or punishment upon any of them for any such suit to be made , upon pain of forfeiture of forty pounds for every time that they do to the contrary , See chap. 39. ( A ) 30. ( D ) 43. ( D ) and chap. 10. ( G ) . This Statute will prove offensive to the free Hoast-men , and the Charter of the Admiralty , if well prosecuted , and pay them for all the wrongs done . King Henry the Eighth . Henry the 8 was borne at Grenwich Entred his Raigne being 18 yeares of age the 22. of Aprill 1509. was Crouned at Westminster the 25. of June following . He Raigned 37. yeares and 9 months died the 28. of June . buried at Winsor . ( A ) SStat . 21. Hen. 8. ch . 18. In the vacancy of the Sea of Durham , Cardinal Wolsey being dead , and no Knights nor Burgesses in Parlament for Durham and Northumberland , then the Mayor and Burgesses of Newcastle , knowing there could be no opposition , petitioned the King and Parlament , for that whereas the Mayor , Burgesses , and Commonalty of that Town having been faithfull Subjects and held in Fee , from his Progenitors , that Town , Port and Haven of the River of Tine thereunto belonging , and of all ground * , which the water covered within the said River of Tine from the Month of the said River called Sparhawke , and to Headwin streams , in their demean as of fee in right of the Crown , and that all Merchandizes , carryed by any ship or vessell into that Port , or carried out , used to be discharged and loaden only at that Town , by which means the Customs , Subsidies and Tole , were received there for his Majesties use 500 l. per annum . And that by reason of those Liberties and Franchizes that Town hath been well replenished , and maintained , and able to furnish his Majesty with four hundred Marriners for the War , and by reason of several great personages as well spiritual as temporal , having Lands adjoyning to the said River , have loaden and unloaden ships with several Merchandizes and paid no Customs , to the utter undoing of the Town , and the great dishertion of your Highness , and minishment to your Customs , and that divers Weyers and Fish-gates were erected in the said River , by means whereof great Sand-beds and Gravel heaps be grown and cast up in the said River , that within few years to come , no ship of good burthen or weight * shall be able to come up to the Town , to the inestimable hurt of the Countries thereunto adjoyning , and to the damage of your Realm * , especially to all persons needing Sea-Coals , which be onely conveyed from the said Port , and no where else to be shipped or had but there . In consideration whereof , may it please your Majestie out of your bounden Grace , with the assent of your Lords spiritual and temporal , and the Commons in Parlament , to enact , ordain and establish , that from henceforth any Merchant or Merchants , or any other person or persons , shall not ship , load , or unload any Merchandize or other Wares of Goods to be sold here between the said place called Sparhawke and Headwin streams ( being fourteen miles in length ) but onely at Newcastle , upon pain of forfeiture of all such Goods and Wares and Merchandizes to the King. And for the Mayor and Burgesses to pull down all Weires Goares and Engins , which was granted by the said Statute ; provided alwaies , this Act be not prejudicial to any person or persons being the Kings Subjects , for building shipping , loading or unloading any Salt or Fish within the said River and Port , or to any of them ; or to any other persons repairing to the said Port with ships and Merchandizes , for selling or buying of any Merchandizes or Wares needful for victualing and amending of the said ships * , at the time of their being in the said Port , this Act or any thing comprised in the same notwithstanding . See ch . 50. ( C ) A Table of Fees for Customs , Toles , &c. in Towns. ( B ) Stat. 22. Hen. 8. ch . 8. Be it Enacted that every City , Borough , and Town Corporate , their Officer shall set up , or cause a Table in open place , of and for the certainty of all such and every duty , of every such Custom , Tole , and duty , or sum of money , of such Wares and Merchandizes to be demanded or required , as above rehearsed , shall and may plainly appear to be declared , to the intent that nothing be exacted otherwise than in old time hath been used and accustomed , upon pain of each City five pound , and every Corporation forty shillings for every month that the said Table shall fail to be set up , the moyety to the King , and the other to the party that wil sue for the same by Writ , Bil , Plaint , or Information , in which the Defendant shall have no assoyn , Wager of Law , nor protection of Law allowed , See chap. 44. ( E ) A Commission of Sewers , &c. ( C ) Stat. 23. Hen. 8. chap. 5. The King considering the absolute necessity of granting a general Act for Commissioners of Sewers to be directed in all parts of his Realm for the advancing of the Commonwealth , and commodity of this his Realm . And likewise considering the daily great damages and losses which have happened in many parts of the Nation , in the decay and spoil of Rivers , to the inestimable damages of the Commonwealth which do daily increase , for remedy whereof it is enacted , that there be Commissioners of Suers , and other premises directed in all parts from time to time , where and when need shall require to such substantial and indifferent persons as shall be named by the Lord Chancellor , and Lord Treasurer of England , and the two Chief Justices for the time being , or by three of them , whereof the Lord Chancellor to be one . The Commissioners to be residing in the respective Countie , where the Commission is directed ( which said Commissioners will preserve the said River ) having power given them , to constitute and ordain Laws , Ordinances , and Decrees , and to repeal , reform , and amend as need shall require , any defects . Also to pull down any Newsances , incroachments , or the like , erected in the said Rivers , and to cause buildings of Wharfs , for the good of the same , and power to Rate and Tax any person whatsoever towards the charge for the good of the said Rivers , or having spoyled the same , to seize his or their Lands , Tenements , Goods , and Chattels for the said Taxes , and to dispose of the same by Sail , Lease , or otherwise , six Commissioners being present , and every Commissioner is to have four shillings a day when they ●it , and the Clerk two shillings a day out of the Taxes ; I refer the rest of this power to the relation of these Statutes following . 3. Edward 6. 9. 13. Eliz. 9. See 34. Chap. ( C ) 35. ( A. B. ) An Attaint against a Jury . ( D ) Stat. 23. Hen. 8. Chap. 3. The Law having first used all good devices to cause Sheriffs , Under-Sheriffs , Bayliffs of Liberties , Coroners , and all others authorized to return and impannel Juries , to be indifferent , and to return the said Jurors , and Juries without all partiallity , and that they shall be no Furtherers , Maintainers , nor Assisters to perjury , subordination or embracery , and also having provided , that all those Jurors , which be so returned upon Inquests , and to try Inquests , and to try Issues between party and party , may again one by one be sifted , tryed , and examined , whether they standing unsworn be indifferent , or not , she doth then expect from those Jurors veridictum a true Tale , that is to say a true Verdict , or Presentment of such things as be given them in charge according to their evidence ; but if the same Jurors will decline from truth , and make a false presentment contrary to their evidence * then it is not to be tearmed veredictum but perjurium , and it will be returned to them as maledictum , for by the Common-Law they being Attainted by the Verdict of four and twenty other Jurors shall receive a cursed and villanous judgement therefore , viz. The said Jurors shall lose the freedom of the Law , their Wives and Children shall be thrust out of their houses , their houses shall be pulled down to the ground , their Orchards and Gardens shall be subplanted , their Trees shall be digged up by the roots , their Meadows shall be eyred up , all their Goods and Chattels , which they have at the time of the Attaint brought , or at any time after , shall be forfeited to the King , the King shall have all the profit of their forfeited lands during their lives , and they shall be committed to perpetuall prison , which judgement was devised , and many years put in execution to the intent it might be known how much the Common-Law did detest and punish wilfull perjury , and falshood in those who she trusted in place of justice , and from whom she accounted to receive truth . See Poulton Perjury ( 16 ) See Chap. 58. ( B. C. D. ) Stat. 23. Hen. 6. 10. ( D. ) To prevent spoyl in Rivers by Ballast . ( C ) Stat. 34. Hen. 8. 9. The King for the good and preservation of Rivers , Enacted that what person or persons do cast or unlade any Ballast , Rubbish , Gravel , or other wreck out of any Ship , Crayer , or other Vessels , being within any Haven-road , Channel , or River to any Port , Town , or other City or Borough within this Realm , but onely upon the land above the full Sea-mark upon pain of forfitude of five pound a time , the one half to the King , the other to the party discovering , that will sue for the same by Bill , Plaint , or otherwise , no wager of Law , admitted or any Essoyn or protection allowed . This is a legal course , but Newcastle acts not hereby , as you may see in Chap. 34. ( C ) 35. ( A. B. ) 12. Chap. ( 6. ) 14. ( B. ) King Edward the First . Sheriffes punished for refusing Bail. ( A ) STat. 3. Ed. 1. 15. King Edward the first , for as much as Sheriffs and others , which have taken and kept in prison persons detected of Felony and Incontinent , have let out by Plevyn such as were not replevisable , and kept in persons such as were replevisable , because they would win of the one party , and grieve the other , It is ordained , That if any Sheriffe , or any other , which hath the keeping of prisons , let any go at large by Surety , that is not replevisable , and thereof be attainted , he shall lose his Fee and Office for ever : And if the Under-Sheriffe , Constable or Bayliff of such who have Fees for keeping of prisons do it contrary to the will of his Lord , or any other Bayliffe being not of Fee , they shall have three years imprisonment , and make Fine at the Kings pleasure : And if any man withhold a prisoner replevisable after that they have offered sufficient surety , he shall pay a grievous Amerciament to the King ; and if he take any reward for the deliverance of such , he shall pay it double to the prisoner , and also shall pay a grievous Amerciament to the King , See Stat. 27. Edw. 1. 3. Stat. 3. Hen. 7. 2. the first and second Philip and Mary 13. See 30. Chap. ( B ) 37. Chap. ( A. ) 41. Chap. ( A. ) Extortion in Officers . ( B ) Stat. 3. Ed. 1. 26. The King ordains that none of his Officers shall commit extortion , neither Sheriffe , nor other , shall take reward to do his Office , but shall be paid of that which they take of the King , and he that so doth shall pay or yeeld two times as much , and shall be punished at the Kings pleasure . See Stat. 23. Hen. 6. 10. Outragious Tole . ( C ) Stat. 3. Edw. 1. 30. The King Ordains that such who takes outragious Tole contrary to the common custome of the Realm in Market-Towns , by the Lord , then the Franchizes of the said Market to be seized into the Kings hand , and if it be in the Kings Town , which is let in the Farm , the Franchizes to be seized in the Kings hand ; And if it be done by a Bayliffe , without consent of his Lord he shall restore double , and shall have forty dayes imprisonment ; touching Citizens , and Burgesses to whom the King granted Murrage to inclose their Towns * which takes such Murrage otherwise then it was granted unto them , and thereof be attainted , it is provided that they shall lose their Charter or Grant for ever , and shall be grievously amerced unto the King. ( See 44 , Edw. 3. fo . 20. ) 43. Edw. 3. fol. 29. ( fit . N. B. fo . 94. ) See 11. Chap. ( H. ) 44. ( I. ) 49. ( C ) 48. ( A. ) Persons attached out of their liberty . ( D ) Stat. 3. Ed. 1. 34. For as much as great men , and the Bayliffs , and others , the Kings Officers onely excepted , unto whom special Authority is given , which at the complaint of some , are by their own authority attached , others passing through their Jurisdictions , with their goods , compelling them to answer afore them , * upon Contract , Covenants , and Trespasses , out of their jurisdiction , where indeed they hold nothing of them , or within their Franchizes where their power is , in prejudice of the King and his Crown , and to the damage of the people , it is provided that none from henceforth so do , and if any do he shall pay to him , that by his occasion shall be attached his damage double , and shall be grievously amerced to the King. 3. Ed. 1. 16. See Chap. 30. ( B. ) The Penalties for procuring Writs . ( E ) Stat. 13. Edw. 1. 36. For as much as Lords of Courts , and others that keeps Courts , and Stewards , intending to grieve their inferiors , where they have no lawful means so to do , procures others to move matters against them , and to put in sureties and other pledges , or to purchase Writs , and at the suit of such Plaintiffes compels them to follow the County , Hundred , Wapentake , and other like Courts untill they have made fine with them at their will ; it is Ordained that it shall not be so used hereafter ; And if any be attached upon such false complaints , he shall replevy his distresse so taken , and shall cause the matter to be brought afore the Justice before whom , if the Sheriff , Bayliff , or other Lord after that the party distrained hath framed his complaint , will advow the distresse lawful , by reason of such complaints made unto them ; And it be replied that such complaints were moved maliciously against the party by the solicitation , or procurement of the Sheriff , or other Bayliff , or Lord , the same replication shall be admitted , and if they be convicted hereupon , they shall make Fine to the King , and treble damages to the party grieved . See Stat. 8. Eliz. 2. No Tax to be levied but by Parliament , &c. ( F ) Stat. 25. Edw. 1. 6. Be it Enacted that none shall be charged by any Charge or Imposition , nor be compelled to contribute to any Tax , Talledge , Aid , or other like charge , not set by common consent in Parliament . A Writ called , Ad quoddamum to purchase Fairs , Markets , &c. ( G ) Stat. 27. Ed. 1. 1299. The King ordains that if any person , or persons having a mind to obtain any Liberties , Fairs , Markets , or the like , may have this Writ out of Chancery , called Ad quoddamum , if the Inquest passe for them , they shall have it , for remembrance of which thing , there is an Indenture made , and divided into three parts , whereof one part remains in the Chancery , another in the Exchequor , and the third in the Wardrop , Regist . Fo. 247. Fitz. N. B , fo . 221. Rast . Pla. fo . 25. 32. See Chap. 48. ( A. B. ) 44. ( I. ) 49. ( A. G ) 50. ( A ) 29. ( A ) 47. ( A ) 51. ( A ) 50. ( C ) and Chap. 11. ( I. K. ) This Writ called a Quo Warranto , will dash any Charter a peeces exceeded . ( H ) Stat. 30. Ed. 1. 1301. The King and his Parliament , provided well for the weal of the Nation against any indirect course prosecuted under colour of Charter , Grants ; &c. either by not putting in execution what is granted to Corporations , or exceeding their powers , ordains this Writ , whereby all men may have right , if they look after it , viz. The King to the Sheriff , Greeting , Summon by good Summons , &c. that they be before us at &c. in out next coming in to the County aforesaid , or before our Iustices of Assize , when they shall come into those parts , to shew by what warrant they claim such Liberties , and hold a view of Frank pledge in their Mannor of &c. or by what warrant they have to hold Tholonium ( tollis ) for them and their Heirs , and by what warrant they do such wrongs , &c. This Writ , is like twenty of the violentest Mastiffs , upon a small Bear , tearing her all in peeces , they being unmuzled , there is a great want of such bayting . ( I ) Doctor Lamb , who was killed by a rude multitude in London , and soon after buried , but by reason a Coroner did not view his dead body &c. this Writ was brought by Attorney General Noy , who voided their Charter , and they were fined many thousand pounds , and paid , &c. ( K ) London-Derry , onely for exceeding their power in their Charter , were served the very like , &c. This Writ would do the like to Newcastle , if acted , for exceeding their powers , and not burying Mr. Snapes son , one Gray , and William Rea , who were drowned in that River , as they are tyed to do by Charter . See Chap. 10. ( O. P. ) And see Chap. 29. ( A ) 48. ( B ) 49. ( Y ) No distresse without Warrant . ( L ) Stat. 34 Ed. 1 , 2. The King ordains that no officer of his , or his Heirs shall take any Corn , Cattle , or any other goods whatever , from any person , without the good will and assent of the party to whom the goods belonged . See Chap. 47. ( A ) 30. ( B ) King Edward the Second . King Edward the 2. surnamed Carnaruen was crouned att Westminster at the 22. Yere of his age the 24. of febru 1308. he Raigned 19 Yere . 6 monethes was deposed the 25 of Iani●arius 1326. he was slayne in the Castle of barkley in the 43 yere of his age . Breaking of Prisons . ( A ) STat. 1. Ed. 2. 1307. By the Common-Law of England , if a man had been imprisoned , and broke the prison , he should have been hanged , for what cause soever he had been imprisoned , yea although it had been but for Trespass , which great enormity was redressed by this Statute of 1 Edw. 2. intituled , De frangentibus pris●nam , the words where be these , Touching Prisoners breaking of Prison , our Lord the King doth will and command , that none which from henceforth do break prison , shall have Judgement of life and member , for the breaking of prison onely , except the cause for the which he was taken and imprisoned doth require such Judgement , if he should have been convicted thereof according to the Law and Custom of the Realm , though in times past it hath been otherwise used , and therefore it is to be considered , who is a prisoner , and what is breaking of prison according to the meaning of the aforesaid Statute , every person who is under arrest for Felony , is a prisoner as well being out of the Goal , as within , so that if he be but in the Stocks in the Street , or out of the Stocks in the possession of any that hath arrested him , and doth make an escape , that is a breaking of prison in the prisoner , for imprisonment is none other but a restraint of liberty . Rast . pla . fo . 247. 340. Kil : fo . 87. Dyer fo . 99. Fitz. Coron . 134. Bro. Coron . 79. Unsufficient Sheriffs . ( B ) Stat. 9. Edw. 2. 1315. The King receiving great complaints from the great men and people in Parliament , throughout the whole Realm ; perceived great damage done to him , and great oppression and disheritances to his people , by reason of unsufficient Sheriffs and Bailiffs , the King resolved to prevent such evil oppressions and disheritances by the assent of his Prelates , Barons , &c. Enacted that the Sheriffs shall have sufficient Land within the same Shire , to answer the King and his people , and to attend his Office , and if any Sheriffs or Hundreders be unsufficient shall be removed * , and others more convenient put in their place , that none shall farm his Land. That Writs sent to the Sheriffs shall be executed by the Hundreders sworn and known , they to be such — as have Land to answer and not by others so that the people may know to whom to sue such Execution saving always the Returns of the Writs , to them that have them or ought to have them , The King by his Prerogative shall have the Wreck of the Sea. ( C ) Stat. 17. Edw. 2. 11. It is Enacted that the King shall have the Wreck of the Sea throughout the Realm , Whales , and great Sturgion taken in the Sea , or elsewhere within the Realm , except in certain places privileged by the King. See Stat. 3. Edw. 1. 4. Rast . pla . fo . 611. Co. lib. fo . 106 , 108. 1. Hen. 7. fo . 23. 11. Hen. 4. fo . 16. 9. Hen. 7. fo . 20. 35. Hen. 6. fo . 27. See ch . 10. ( S ) 30. ( A ) 29. ( D ) 30. ( C ) The King shall have all Felons goods . ( D ) Stat. 17. Ed. 2. 17. Be it Enacted the King shall have the goods of all Felons attainted and Fugitives wheresoever they be found , and if they have Free-hold , then it shall be forthwith taken into the Kings hands , and the King shall have all profits of the same by one year and one day , and the Land shall be wasted and destroyed , the Houses , Woods and Gardens , and all manner of things belonging to the same , excepting men of certain places privileged by the King therefore ; and after he hath had the year and the day , and the waste ; then the Land shall be restored to the chief Lord of the same fee , unless that he fine before with the King for the year and the day , and the waste : Nevertheless it is used in the County of Glocester by custom that after one year and a day , the Lands and Tenements of Fellons shall revert , and be restored to the next Heir to whom it ought to have discended , if the fellony had not been done . And in Kent , the custome is Gavel kind ▪ the Father to the Bow , and the Son to the Plow ; All Heirs Male shall divide their Inheritance , and likewise women ; but women shall not make partition with men , and a woman after the death of her Husband shall be endowed of the moiety , and if she commit fornication in her Widowhood , or take an Husband after shall loose her Dower , Fitz : N. B. fo . 144. Regist . fo . 165. V. N. B. fo . 99. V. N. B. fo . 5. See chap. 10. ( S ) 53. ( A ) King Edward the Third . Eduard the 3. borne at wins●r ▪ was Crowned at westminster the 2. of feb : 1327. being 15. Yeares olde Raigned . 50. yeares 4 months 24 dais . Dyed the 21 of June 1377 lyeth buired in west . Enquiry of Goalor● which shall procure Prisoners to become Appealers . ( A ) STat. 1. Edw. 3. 7. Be it Enacted for the eschewing the damages and destruction that often doth happen by Sheriffs , Goalors , and keepers of Prisons , within Franchizes , and without , which have pained their prisoners , and by such evill means compel and procure them to become appealers , and to appeal harmless and guiltless people , to the intent to have ransom of such appealed person for fear of imprisonment or other cause , the Justices of the one Bench and of the other , and Justices of Assizes and Goal delivery , shall by force of this Statute enquire of such compulsive punishments , and procurements , and hear the complaints of all them that will complain in such cases by Bill , and shall hear and determine such plaints , as well at the Suit of the party , as at the Kings Suit. Stat. 13. Edw. 1. 12. 14. Ed. 3. 10. Rast . pl. fo . 56. None to ride armed except . &c. ( B ) Stat. 2. Edw. 3. 3. Be it Enacted that none shall ride or go armed but such as are the Kings Servants , or being licenced , nor his Officers to do their Office by force of Arms , nor bring any force in an affray of the peace ; neither to be armed by day not night in any place upon pain of forfeiture of their Arms , and imprisonment during the pleasure of the King , all Officers whatever is required to put this Act in force , See ch . 37. ( A ) ( C ) 2. Edw. 3. 6. 2. Ed. 4. 5. Every Justice of peace upon his discretion may bind to the Peace or Good Behavior such as are common Barrators , A common Barrator is he which is either a common moover and stirrer up or maintainer of Suits in Law in any Courts of Record , or else of quarrels or parts in the Country ; as if any Court of Record , County Court , Hundred , or other inferior Courts , any person by fraud and malice under colour of Law shall themselves maintain , or stir up others unto multiplicity of unjust and feigned Suits , or Informations upon penal Laws , or shall maliciously purchase a speciall Supplicavit of the Peace , to force the other party to yeeld to him composition , all such as are Barrators in the Countrey , and these are three sorts . First , Disturbers of the Peace * , such are either common qua●rellers or fighters in their own cause , or common moovers or maintainers of quarrels and affraies between others . Secondly , Common takers or detainers by force or subtlety of the possessions of Houses , Lands or Goods , which have been in question or controversie . Thirdly , Inventers , and Sowers of false reports where● by di●cords ariseth , or may arise between Neighbors ; Yea , if one be communis seminator litium he is a Barrator , or if any man of himself be communis oppresor vicinorum , a common oppressor of , or wrangler with his Neighbors either by unjust or wrangling Suits , or other oppressions or deceits , he is a Barrator , or if one Communis pacis perturbater calumniator & mal● factor , he is a Barrator , but all such persons must be common Barrators , not in one or two , but in many causes . See Lamb. 79. Co. 8. 36. Co. l. 338. Co. 8. 36. Cromp. 257. C● . 8. 37. ( D ) Stat. 2. Edw. 3. 8. It is accorded and established , that it shall not be commanded by the great Seal , nor the little Seal , to disturb or delay common Right , and though such commandements do come , the Justices shall not therefore leave to do right in any point , Stat. 9. Hen. 3. 29. 5. Ed. 3. 9. 14. Edw. 3. 14. Gold and Silver prohibited , &c. ( E ) Stat. 9. Edw. 3. 1. No person shall carry Gold or Silver out of the Realm without the Kings license , who so doth , shall forfeit all such as is carrying , with ship , &c. Stat. 5. Rich. 2. 2. Stat. 2. Hen. 6. 6. 19. Hen. 7. 5. Rates on Victuals . ( F ) Sat. 23. Edw. 3. 6. The King Ordains all persons whatever which sels any kind of Victuals , shall be bound to sell their victual at a reasonable rate or price , having respect to the price , that such Victuall be sold at , in the places adjoyning , so that the seller may have a moderate gain and not excessive * , And if the seller do sell otherwise , shall pay double back , the Mayor and Bayliffs of the City , Market-Towns , and other corporate Towns , and the ports of the Sea , shall have power to enquire of all offenders in the same . And to levy the said pain ( upon themselves ) for their use who sueth for the same , and in case the Mayor and Bayliffs be negligent in putting in execution any of the premises , and thereof be convicted , before Justices assigned , then the said Mayor and Bayliffs shall be compelled by the said Justices to pay the treble of the things so sold to the party damnified , and also shall be grievously punished by the King , 23. Edw. 3. 4. See chap. 50. ( A ) 44. ( E ) 48. ( A ) 51. ( A ) 29. ( A ) None to be condemned without his Answer . &c. ( G ) Stat. 28. Edw. 3. 3. The King ordains that no man of what estate or condition he be , shall be put out of his Land nor Tenements , nor taken , nor imprisoned , nor dis-inherited , nor put to death without being brought to Answer by due process of Law. Stat. 9. Hen. 3. 29. 5. Edw. 3. 9. 25. Ed. 3. 4. See chap. 10. ( X ) 38. ( C ) 41. ( A ) 43. ( D ) 38. ( A ) Penalty of a Mayor , Sheriff and Aldermen for not redressing grievances . ( H ) Stat. 28. Edw. 3. 10. Because of the Errors , Defaults , and Misprisions , which be notoriously used in Cities , Boroughs and Corporations for default of good governance , of the Mayor , Sheriff and Aldermen , cannot be inquired nor found by people of the same Town ; it is Ordained and established that the said Mayor , Sheriffs , and Aldermen , which have the Governance of the said Town or City , shall cause to be redressed and corrected , the Defaults , Errors , and Misprisions above named , and the same duly punish from time to time , upon a certain pain , that is to say , at the first default a thousand Marks to the King. The second default two thousand Marks ; And at the third default , that the Franchizes and Liberties of the said Town be taken into the Kings hand , it shall be enquired of by foraign Inquests of foraign Counties , namely , the City of London , but all other Cities , Boroughs and Corporations to be tryed by forain Inquests in the same Town , which may be done by the punishment of Judges thereunto assigned by Inquest or Indictment , and called to answer the same out of their Town , which fine is to be leavyed by Attachment , and distress , and by exigent if need be , upon any Land or Tenements out of their Town , belonging to any of them . King Edward the Sixth . Edward borne at Ham●o●● Court at the age of 9 yeares began his ▪ raigne the 31 of Janu●●●46 Crowned at wes●m . the 2● of februa ▪ folowing he raigned 6 yeares 5 monthes died the 6 of Julie buried at westminster Murder , &c. ( A ) STat. 1. Edw. 6. 12. It is Murder to strike with either blunt or sharp weapon , if the party dye within a year and a day ▪ and the blows given upon malice , neither shall Clergy be allowed . See Chap. 36. ( A. ) Victuallers , and Handicrafts-men . ( B ) Stat. 2. Edw. 6. 15. For as much as Artificers Handicrafts men , and Labourers have made Confederacies , and mutually sworn , not onely that they should sell their victuals at a certain rate , and not to meddle with one anothers work , and finish that which others have begun , but also to appoint how much work they shall do in the day ; and what hours , and times they shall work , contrary to the Laws and Statutes of this Realm , and to the hurt and great impoverishment of the Kings subjects ; For reformation whereof , the King ordains , That if any Victuallers or Artificers aforesaid , shall at any time combine , conspire , or make any Oaths that they shall not sell their victuals at certain prices , or that Artificers shall not work , but as abovesaid , being convicted , shall pay in six dayes ten pounds to the King , or twenty dayes imprisonment , and fed onely with bread and water , if he have not sufficient to pay the said Fine ; For the second offence the Pillory , or twenty pound ; And for the third offence , shal forfeit forty pounds , or else be set in the Pillory , and lose one of his ears , and shall be taken as an infamous man , and his sayings , and oath not to be credited in matter of judgement ; And if any such Conspiracy , C●venant , or Promise be had , or made by any Society , Brother-hood , or Company of Craft-mystery , or occupation of the Mysteries afore-mentioned with the presence or consent of the most of them , that then immediately upon such act of conspiracy Covenant , or Promise , had , or made , over and besides the particular punishment before in this Act appointed for the offender , their Corporation shal be dissolved , to all intents , constructions , and purposes ; and that none do presume to hinder any Free-Mason , Rough Mason , Carpenter , Bricklayer , Plasterer , Joyner , Ha●d-hewer , Sawyer , Tyler , Pavier , Glasier , Lymebu●ner , Brick-maker , Tyle-maker , Plummer , or Laborer born in this Realm , or made denison , to work in the said Crafts in any City , Borough , or Town Corporate , with any person or persons that will retain him , albeit the said persons so retained , or any of them do not inhabit , or live in the said Town , &c. nor be free of the same City , &c. any Statute , Law , Ordinance , or other thing to the contrary , upon forfeiture of five pound a time , half to the King , and half to the party suing , to be recovered by Bill , &c. no wager of Law , or protection allowed , &c. See Chap. 29. ( E ) 30. ( F. ) 36. ( A. ) Robbing within a Market of a Fair , Booth , Tent , &c. ( C ) Stat. 5. 6 Ed. 6. 14. Be it Enacted that no person or persons which shall happen to be found guilty after the Laws of this Realm of , and for robbing any person or persons in any Booth or Tent , in any Fair or Market , the Owner , his wife , children , or servant then being within the same Booth , or Tent , shall not be admitted the benefit of his , or their Clergy , but excluded thereof , and suffer death without consideration , whether the said persons within , shall be sleeping , or waking . See Chap. 47. ( B ) 49. ( D ) 51. ( A ) 11. ( N. ) Fore-stalling , Regrators , Ingr●cers . ( D ) Stat. 5. 6. Edw. 6. 14. The Law being so good against these offenders , that I shall give Poultons Exposition thereof , viz. They deserve to be reckoned amongst the number of Oppressors of the common good , and publick weal of the Nation , for they do endeavour to enrich themselves , by the impoverishing of others , and respect not how many loses , so they may gain . They have been exclaimed of , and condemned in Parliament from one Generation to another , as appears by many Statutes , at least fourteen Statutes , especially Fore-stallers , as apppears by 34 Ed. 1. when it was ordained , that no Forestaller should be suffered to dwell in any Town , for he is a manifest oppressor of the poor , and deceiver of the rich , a publick enemy of the Country , a canker , a moth , and a gnawing worm that daily wasteth the Commonwealth . And the name , and act of a Forestaller was so odious , that it was moved in Parliament to Enact that a Forestaller should be bated out of the Town where he dwelt , by Dogs , and whipped forth with Whips ( Newcastle would have been empty ) and by this Statute it declareth who are offenders , and what punishment to be inflicted . That whatsoever person or persons , shall buy , or cause to be bought any Merchandize , Victual , or other thing coming by land , or water , towards any Fair or Market to be sold in the same , or coming towards any City , Port , or Haven , Creek , or Road of this Nation , from any part beyond the Seas to be sold . Or make any Bargain , Contract , or Promise for the having or buying of the same , or any part of the same , so coming as aforesaid , before the same Merchandize , Victual , or other things shall be in the Market , Fair , City , Port , Haven , Creek , or Road , ready to be sold ; Or shall make any motion by word , letter , message , or otherwise to any person or persons for the inhansing of the price , or dear selling of any of the other things above mentioned ; Or else disswade , move , or stir any person coming to the Market , or Fair to forbear to bring any of the things above mentioned to any Fair , or Market , City , Port , &c. to be sold as aforesaid , shall be adjudged a Fore-staller , 13. Eliz. excepts Oyls , Sugars , Spices , Currans , or other foreign Victuals brought from beyond the Sea , Fish , and Salt only excepted . A Regrator defined , what person or persons shall by any means regrate , obtain , or get into his , or their hands or possessions in any Fair or Market within this Nation to be sold , any dead Victual whatsoever brought thither for that purpose , and do sell the same again in any Fair or Market holden , or kept in the same places , or within any Market or Fair within four miles thereof , shall be reputed and taken for a Regrator , or Regrators . An Engrosser is , he , or they which shall engrosse , or get into his , or their hands by buying , contracting by promise taking , other then by Demise , Grant , or Lease of Land , or Tythe any Corn growing in the Fields , or any other Corn or Grain , Butter , Cheese , Fish , or other dead Victuals whatsoever within the Nation , to the intent to sell the same again , shall be reputed and taken an unlawful Engrosser , or Engrossers . If any person or persons shall offend in any of the things before recited , and being thereof duly convicted or attainted thereof by the Laws of this Nation , for the first offence shall suffer two months imprisonment without Bayl or Mainprize , and forfeit the value of the goods ; For the second offence six months imprisonment , without Bayl or Mainprize , and lose double the value of the goods ; and upon conviction of the third offence shall be set in the Pillory where he dwels in the same Town , and lose all the goods he , or they have , which was to their own use , and be committed to prison during the Kings pleasure , it is but Mutatis , Mutandis . Every Justices of every County , is to enquire and determine of the offences in their Quarter-Sessions upon Inquisition , Presentment , Bill , or Information , exhibited , and proved by two Witnesses , the one half of the Fine to the King , the other to the party discoverer . What Justice can be expected or had in Newcastle , the May●rs , Justices and Burgesses being the offenders , Judges , ( P ) ●●rors in their own causes , and must be tryed in the same ●●unty ( T ) themselves to have the Fines , as by Charter appears 〈◊〉 See Stat. 21. K. James , 4. ( T ) See 10. Chap. ( L ) ( P ) Chap. 10. ( R ) ( * ) See Stat. 5. Eliz. 12. The Town of Gates-head , and all Liberties given to Newcastle , &c. ( E ) Stat. 7. Edw. 6. 10. There being Bishop of Durham elected , nor any Member of Parliament for that County , which the Mayor and Burgesses of Newcastle perceiving , petitioned the King , that the Town of Gates-head in the County of Durham , adjoyning to their Corporation , only the River of Tyne , between , being populous , and without Government , and often committing many outrages in their Town , and then got over the water into the Town of Gates-head unpunished , and that often they cast Rubbish into the River , and also that the Bridge went to decay very much , which belonged to that Town , humbly beseeching that his Majesty would be graciously pleased to incorporate that Town with them under their Government , with all its members , and Salt-meadows , and Park , and that it may be quite taken from the County of Durham , and all the people therein to become subordinate to their Laws . Be it Enacted that the whole Town of Gates-head , with the Salt-meadows , the whole Water , and Bridge , with all the Liberties thereunto belonging , except the Common , which shall still remain to the inhabitants , be incorporated with Newcastle , and dis-joyned from the County of Durham , as Newcastle was from Northumberland by Charter . King Richard The Second . RICHARD the 2. borne at Burdeaux Sonne to Edward Prince of Wales , begann his Raigne the 21 of Iune An o : Dni 1377. he Raiḡed 22. Yeares , was Deposed : & died the 14. of February 1399. First buried at Langley in Hartf●dshire , & afterwardes of Westmister . A Free Trade in all England . ( A ) STat. 11. Richard 2. 7. and the 14. Richard 2. 9. Be it Enacted that all Merchants , Aliens , and Denisons , and all other , and every of them , of what estate or condition they b● which will buy , or sell Corn , Wine , Averdepoize , Flesh , Fish , and all other Victual , or other Merchandizes , and all other things vendible , from whencesoever they come , in whatsoever place they please , be it City , Borough , Town , Port of the Sea , Fair , Market , or other place within this Realm , within Franchizes , or without , may freely , or without disturbance sell the same to whom they please , as well to Foreigners , as to Denizons , except to the enemies of the King , and of his Realm . And if any disturbance be done to any such Merchant , &c. upon his sail of the same in any of the places aforesaid , the Mayor and Bayliffs of such Fanchizes shall make remedy , but if they do not , and being thereof convicted , the Franchizes shall be taken into the Kings hand , and the party grieving shall make to the Merchant grieved , double damages . And if such disturbance be out of the Franchized Towns , then the Steward or Bayliffe of such Lord , who is Lord of the Mannor , shall give right , or pay double damages , the party offending shall be imprisoned for one whole year , and that none such shall be disturbed , but shall freely buy and sell for his own use , or to the Kings , &c. except that the Merchant , Aliens , shall carry no Wines out of the Realm , as it is contained in their Charters . And that the said things be holden , kept , and performed in every City , Borough , Town , Port of the Sea , or any other place notwithstanding any Charter of Franchize to them granted to the contrary , nor Usage , Custome , nor Judgement , given upon their Charters , Usages , nor Customes which they may alleage , which Charters , Usages , and Customes , the said King , the Grand-fathers , the Prelates , Earls , Barons , and great men , and Commons in Parliament aforesaid Holds , these said Charters , &c. of no force , and as being things , granted , used , and accustomed to the damage of the King , the Prelates , Earls , Barons , and great men of his Realm , and great oppression of the Commons , saving to the King , and to other the Customes due of the said Merchandizes . And the Chancellor , Treasurer , and Justices , assigned to hold the Pleas of the King in places where they come , shall enquire of such disturbances and grievances , and do punishment according as is before ordained . And by a Statute made the 25. Edw. 3. 2. It was Ordained and Established , That the said Statutes made in the ninth year Chapter 1. in all Points and Articles contained in the same should be holden , kept , and maintained , &c. And if any Charter , Letters Pattents , Proclamations , or Commandements , Usage , Allowance , or Judgement were made to the contrary , the same should be utterly repealed , avoyded , and holden for none . And that it is free for any whatever , that brings any provisions whatever , to sell the same , or other Merchandizes , by Grosse or retail , either in the City of London , or any other Port , City , Borough , or Town-Corporate in England , without challenge , or impeachment , and to sell them freely to any that will buy the same , notwithstanding any grant whatever to the contrary notwithstanding , any Franchize , Custome used , since such Franchizes , and Customes , Usages , be in common prejudice to the King , and all people , &c. And that no Mayor , Bayliff , Catch-pole , Minister , nor other shall meddle in the sail of any manner of Victuals vendible , brought to the places aforesaid . And all men that will sue , may have a Writ out of the Chancery to attach him by his body that offends herein , as a disturber of the common profit , &c. The King seeing cleerly if the said Statutes were duly put in execution , would much extend to the profits and wealth of the whole Nation , do Ordain , and Establish , by assent of the Prelates , Dukes , Earls , Barons , great men , Nobles , and Commons in this present Parliament assembled , That the said Statutes , shall be firmly holden , kept , maintained , and fully executed in all Points and Articles of the same , notwithstanding any Ordinance , Statute , Charter , Letters Pattents , Franchizes , Proclamations , Commandements , Usage , Allowance , or Judgement be made or used to the contrary , it shall be utterly repealed , avoyded , and holden for none . This Statute was obtained by a Petition ( worth reading ) from all the Nobles and Commons of England , as you may read in the ninth of Edward the third , Chapter the first , it laying open the great grievance of the whole Nation in Parliament , of Provisions , and other Merchandizes , being engrossed into private hands , and restraining all others from trading , but themselves , &c. See Chap. 29. ( C ) 30. ( D ) 32. ( D ) 35. ( A ) 38. ( A ) 51. ( B. C. ) This Statute revived , would make England as happy as Venice , for Riches , &c. Merchant-strangers shall be well used . ( B ) Stat. 14. Rich. 2. 9. Be it Enacted that Merchant-strangers , repairing into the Realm of England , shall be well and courteously , and rightfully intreated , and governed in the said Realm , to the intent that they shall have the courage to repair into the same . See Chap. 30. ( B ) 41. ( A. ) The Duke of Venice by tollerating a free Trade , all the Nobility and Gentry trades in Merchandizings , which doth so improve his revenew , that it maintains his Wars without other Impositions , he being able to wage war with the most potentest Prince that is , &c. No Customers to be Traders , nor to have parts of Ships . ( C ) Stat. 14. Rich. 2. 10. The King ordains that no Customers , nor Controlers have any ships of their own , nor meddle with the fraught of ships , and to eschew as well the damage of the King , of his Customes , as the losse of the Merchants repairing to the Port , as well Aliens as Denizons ; And that no Customer , Controler , Searcher , Waiter , or Finder have any such Office for terme of life , but onely as long as shall please the King , notwithstanding any Pattent or Grant to any to the contrary , but such Pattents or Grants be repealed , and of no force , nor value . Stat. 17. Rich. 2. See Chap. ( 35 ) Statute of Mortmain . ( D ) Stat. 15. Rich. 2. 5. Be it Enacted what Mayors Bayliffs , and Commons of Cities , Boroughs , and other Towns which have perpetual Commonalty , and others which have officers , that from henceforth they shall not purchase to them , and their Commons any Lands , &c. nor no religious , or other person what ever he be * , do buy or sell , or under colour of gift or terme , or any other manner of title , any Lands , Tenements , upon pain of forfeiture of the same , whereby the said Lands , and Tenements , might have come to Mortmain . Riots , Routs , &c. ( E ) The 4. year , King Rich. 2. Riots , Routs , and unlawfull assemblies , have been so many times pernicious , and fatal enemies to the peace and tranquility of the Nation , that it did shake the foundation and form of State-Government , as that of a Collector of a Subsidy at Dartford in Kent in his dayes , in requiring but a Groat of a Taylor and his wife , grew to such a head of discontentment , and not being timely queld , became such a Rebellion , that it put the King in great hazard of his life , the burning of the City of London , the Nobles and Gentry , with the learned of the Law beheaded , and others in hazard of their lives and families overthrown , and the Records of Law burnt . Wat. Tyler was Captain . See Hen. 6. ( B ) See Chap. 37. ( A. ) Queen Mary . Maria nata Grenouici in Febru : 1505 Incipit regnare 6 Iuli 1553 Regnauit 5 annos et 4 mensis Obyt annos nata 45 et 9 mensis The Town of Gates-head taken from Newcastle . ( A ) STat. 1. Mary Chap. 3. So soon as Bishop Tunstall was created Bishop of Durham , laid open to the Queen and Parliament the Illegallity of Gates-heads being taken from the County of Durham , and Incorporated with Newcastle , and how surreptitiously they got it past by Act of Parliament , and humbly beseeched that the Town and Liberties of Gates-head might be restored to the County of Durham again , which could not well be done without that Statute of the 7. Edw. 6. 10. were repealed ; After a great debate in Parliament , it was found onely a covetous disposition in the Corporation of Newcastle to require that from King Edward the sixth , and in no wayes for the good of any , in any particular sense , who Enacted that the Statute of the seventh of Edward the sixth , Chapter the tenth , should be repealed , and of no force to all intents and purposes , and the Town of Gates-head should be free from the Corporation of Newcastle , &c. See Chap. 7. and Chap. 8. Sweet Queen . Queen Elizabeth . The most excellent Princes Elizabeth . Queene of Englande , France , and Ireland . Defender of the Faith &c. She raigned 44 yeares , died the 24 of March , 1602 aged 69 , 6 monthes : and lieth buried at Westminster Compton Holland 〈◊〉 How long Apprentices should serve . ( A ) STat. 5. Eliz. 4. Be it Enacted that all Apprentices in every Corporate Town through England , shall serve after the Custome and Order of London , the full term of seven years at least , so as the terme and years of such Apprentices do not expire or determine before such Apprentices be of the age of four and twenty years at least ; And if an Apprentice be mis-used by the non-conformity of the Master , then the next officer upon complaint shall bind the Master to answer the Sessions , and the cause appearing , the Bench may discharge the Apprentice from his Master . See Chap. 55. ( C. ) The Punishment of Perjury , &c. ( B ) Stat. 5. Eliz. 9. Be it Enacted that if any person or persons at any time shall unlawfully and corruptly procure any Witnesse or Witnesses by letters , rewards , or any other promises to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending , or which hereafter shall depend in suit or variance , by any Writ , Action , Bill , Complaint , or Information upon any matter or cause whatever , and being thereof convicted , shall forfeit forty pound ; and if he have not so much , then to be imprisoned for half a yeer , without Bail or Mainprize , and to stand in the Pillory one hour in a Market day in the open Market , and never to be received as a Witnesse in any Courts of Record , and if judgement be given upon his testimony , it shall be void , and the party grieved have his damages . And if any person shall wilfully perjure himself by committing wilfull perjury by his deposition in any Courts , or being examined Ad perpetuam rei memoriam , for which offence he shal forfeit twenty pound , and imprisonment for six months without Bail or Mainprize , and never to be as a witnesse in any Court , and that the Oath shall be void , and party grieved to recover his damages ; and if he be not able to pay his Fine , then to be set in the Pillory having both his ears nayled thereunto , and never to be credited again in any Court , the one half of the Fine to the Queen , and the other to the party grieved , that will sue for the same , by Bill of Indictment , &c. wherein there shall be no wager of Law , &c. And all Witnesses are required upon summons to appear , to give evidence , reasonable charges allowed , and upon default to forfeit ten pound , and all the damages sustained to be recovered in any Court of Record , by Action , Bill , &c. no Wager of Law &c. See Stat. 21. K. James 28. made perpetual . See Chap. 31. ( A ) 34. ( A. B ) 42. ( A. ) Fore-stallers of Corn , &c. ( C ) Stat. 5. Eliz. 12. Be it Enacted that no person , or persons shall buy any Corn , out of open Fair or Market to sell again , unlesse such persons shall have special and express words in a licence , that he or they may so do , upon pain of the forfeiture of five pounds for so doing , which forfeiture to come to the Queen the one half , and the other half to the party that will sue for the same by Bill , &c. See Stat. 5. 6. Ed. 6. 14. See Chap. 50. ( A ) 51. ( C. ) Arrestings in other mens names , and delayes , &c. ( D ) Stat. 8. Eliz. 2. Be it Enacted by this present Parliament that if any person or persons shall by any means cause , or procure any other person to be Arrested or Attached at the suit , or in the name of any person where indeed no such person is known , or without the assent , consent , or agreement of such persons , at whose suit , or in whose name such Arrest or Attachment is , or shall be so had and procured ; That then every such person and persons , that shall so cause or procure any such Arrest , or Attachment of any other person to be had or made for vexation or trouble , and shall thereof be convicted or lawfully accused by Indictment , presentment , or by the testimony of two sufficient Witnesses or more , or other due proof , shall for every such offence by him or them committed , done , or procured , have , and suffer imprisonment of his or their body six months without Bail or Mainprize , and before a deliverance out of prison , shall pay unto the party so Arrested or Attached treble the costs , and charges , damages , and expences that he or they shall be put unto by reason or occasion of such Arrest or Attachment so had , and shall also forfeit and pay unto such person , or persons , in whose name , or at whose Suit , he , or they shall so procure such Arrest or Attachment to be had or made , if then there be any such person known , the summe of ten pounds for every such offence ; and that all such persons damnified thereby shall 〈◊〉 their remedy in any Court of Record by Bill , Plaint , or Action of Debt , for all damages , &c. wherein there shall not be any Essoyn , Protection , or Wager of Law allowed the Defendant . See Stat. 13. Ed. 1. 36. The Penalty of cutting of Purses ( E ) Stat. 8. Eliz. 4. Whereas there are a certain people of a Fraternity or Brother-hood , that puts in practice that art or mystery of cutting of Purses , and that do combine secretly to spoyl the true subjects of this Realm ; Be it therefore Enacted , that whosoever be found guilty of taking away monies , &c. in such sort from any person or persons , shall not have the benefit of Clergy . See Chap. 12. ( 5 ) 39. ( A. ) Sheriffs Fees for executing Executions , &c. ( F ) Stat. 29. Eliz. 4. Be it Enacted by this present Parliament , That it shall not be lawful for any Sheriff , or Bayliff of Franchizes , or Liberties , or any of the Officers , or Deputies , nor any of them , by colour or reason of their , or either of their Office , or Offices , to have , receive , or take of any person whatever directly , or indirectly , for the serving , and executing of any extent , or execution upon the body , lands , goods , or chattels of any person , or persons whatsoever , more , or other consideration , or recompence than as in this present Act shall be limited and appointed , which shall be lawful to be had , received , and taken , that is to say , twelve pence of , and for every twenty shillings where the summe exceedeth not one hundred pounds ; and six pence of , and for every twenty shillings being over and above the said summe of one hundred pounds , that he or they shall levie , or extend , and deliver in execution , or take the bodie in execution for , by vertue and force of such extent , or execution whatsoever , upon pain and penalty , that all and every Sheriff , &c. that do the contrary , shall lose and forfeit to the party grieved , his treble damages , and shall forfeit forty pound for every time so offending , the half thereof to the Queen , and the other to the party suing , by Bill , Plaint , Action , or Information , wherein no Essoyn , Wager of Law , or Protection shall be allowed . This Statute not to extend to any City , or Town Corporate . The poor to be set on work . ( G ) Stat. 43. Eliz. 2. Be it Enacted by this present Parliament , and the Authority thereof , that all poor be set on work by the Church-wardens or Overseers , and such as will not work , being able , shall be sent to the house of Correction . See Chap. 38. ( A. C. ) Sheriffes punishable for false Arrests , &c. ( H ) Stat. 43. Eliz. 6. For the avoyding many Suits commenced , according to the due course of the Laws of this Realm , to the intollerable vexation and charge of her Highnesse subjects ; Be it Enacted by Authority of this Parliament , if any Sheriff , or other person , having Authority , or taking upon him to break Writs , or make any Warrant for the summoning of any person upon any Writ , Processe , Suit , or for Arrest , or Attaching of any person or persons by his , or their body , or goods to appear in any of her Majesties Courts at Westminster , or elsewhere , not having before , that originall Writ or Processes warranting the same , that then upon complaint made to the Justices of Assize of the County where the same offence shall be committed , or to the Judges of the Court , out of which the Process issued , not only the party that made such Warrant , but all those that were the procurers thereof , shall be sent for before the said Judges or Justices by Attachment , or otherwise , as the same Judges or Justices shall think good , and allow of , and be examined thereof upon their Oaths ; and if the same offence be confessed by the same offenders , or proved by sufficient witnesses to the satisfaction of the same Judges or Justices , that then the same Judges or Justices that shall so examine the same , shall forthwith by force of this Act commit every of the same to the Gaole , and there shall remain , without Bayl or Mainprize , untill such time as they amongst them have fully satisfied , and paid unto the party grieved , by such Warrant not onely the summe of ten pounds , but also all costs and damages , as the same Judges or Justices shall set down , that the same party hath sustained thereby , and withall twenty pound a peece for their offence to her Majesty 21. King James Chap. 16. 3. King Charles Chap. 4. Dyer , fo . 244. King James . ( A ) UPon the seventh day of May in the first year of K. James a Proclamation was proclaimed throughout London , for to cease all exactions , all Monopolies , and all Protections whatever , that was against the common good , and that hindred mens Suits at Law also forbidding oppression . Stabbing or Thrusting . ( B ) Stat. 1. King James 8. It is Enacted that if any person or persons shall Stab or Thrust any person or persons , that hath not then any weapon drawn , or that hath not then first stricken the party , which shall so stab or thrust , so as the person or persons so stabbed or thrust , shall thereof dye within the space of six months then next following , although it cannot be proved that the same was done of malice fore-thought ; yet the party so offending , & being thereof convict by the verdict of twelve men , confession , or otherwise according to the Laws of this Realm , shall be excluded from the benefit of his , or their Clergy , and shall suffer death as in case of wilfull Murder . Stat. Homicide ( 24. ) Attornies abuses remedied , &c. ( C ) Stat. 3. King James Chap. 7. Be it Enacted for redresse of sundry abuses committed by Attornies , and Solicitors , by charging their Clients with excessive Fees , and other unnecessary demands to the great prejudice of the Sergeant and Councellor at Law , who is greatly slandered , and to work the private gain of such Attornies , and Solicitors , the Client is often extraordinarily delayed ; Be it Enacted that for the future , that no Attorny , Solicitor , or servant to any shall be allowed from his Clyent or Master , of , or for any ▪ Fee given to any Serjeant or Councellor at Law , or of , or for any summe or summes of mony given for copies to any Clerk or Clerks or Officers , in any Court of Record at Westminster , unlesse he have a Ticket subscribed with the hand and name of the same Serjeant , Counsellor , Clerk , or Clerks , or Officers aforesaid , testifying how much he hath received for his Fee , or paid , or given for copies , and at what time , and how often ; And that all Attornies and Solicitors shall give a true bill unto their Masters or Clyents , or their Assigns , of all other charges concerning their Suits , which they have for them , subscribed , with their own hand and name , before such time , as they , or any of them shall charge their Clyents with any of the same Fees or Charges ; And that if any Attorney , or Solicitor do , or shal willingly delay his Clyents Suits to work his own gain , or demand by his Bill any other summe of mony , or allowance upon his account of any monies which he hath not laid out , or disbursed , that in every such case the party grieved shall have his action against such Attorney or Solicitor , and shall recover therein costs and treble damage ; and the said Attorney or Solicitor shall be discharged from thenceforth from being an Attorney or Solicitor any more . See Chap. 58. ( A ) All Monopolies and Dispensations , with penal Laws shall be void . ( D ) Stat. 21. K. James Chap. 3. For as much as your most Excellent Majestie , in your Royal judgement , and of your blessed disposition to the weal and quiet of your subjects , did in the year of our Lord God , 1610. publish in Print to the whole Realm , and to all posterity , that all Grants , and Monopolies , and of the benefit of any penal Laws , or of poor to dispence with the Law , or to compound for the forfeiture , are contrary to your Majesties Laws , with your Majesties Declaration , which is truly consonant and agreeable to the ancient and fundamental Laws of this your Realm ; And whereas your Majesty was further gratiously pleased , expresly to command , that no Suitor should presume to move your Majestie for matters of that nature ; yet neverthelesse upon Mis-information , and untrue pretences of publick good , many such Grants have been unduly obtained and unlawfully put in execution , to the great grievance , and inconvenience of your Majesties subjects , contrary to the Laws of this your Realm , and contrary to your Majesties Royal and blessed intention so published as aforesaid ; for avoiding whereof , and preventing the like for the time to come ; May it please your most Excellent Majestie at the humble Suit of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , that it may be declared , and enacted ; And be it declared and enacted by Authority of this present Parliament , That all Monopolies , and all Commissions , Grants , Licences , Charters , and Letters Pattents heretofore made , or granted to any person or persons , bodies Politick , or Corporate whatsoever , of , or for the sole buying , selling , making , working , or using of any thing within this Realm , or of any other Monopolies , or of Power , Liberty or faculty to dispence with any other , to give licence or toleration to do , use , or exercise any thing against the tenure , or purport of any Law or Statute , or to give , or make any Warrant for any such Dispensation , Licence , or Toleration to be had or made , &c. And all Proclamations , Inhibitions , Restraints , Warrants of assistance , and all other matters or things whatsoever , any way tending to the instituting , erecting , strengthning , furthering , or countenancing of the same , or any of them are contrary to the Laws of this Realm , and so are , and shall be utterly void , and of none effect , and in no wayes to be put in use or execution , &c. Be it further Enacted , &c. that all person and persons bodies Politick and Corporate whatsoever , which now are , or hereafter shall be , shall stand , and be dis-abled and uncapable to have , use , exercise or put in eure any Monopoly , or any such Commission , Grant , Licence , Charter , Letters Pattents , Proclamations , Inhibition , Restraint , Warrant of assistance , or other matter or thing tending as aforesaid , or any liberty , power , or faculty grounded , or pretended to be grounded upon them , or any of them . The party grieved by pretext of any Monopoly , &c. shall recover his or their treble damages , and double costs , &c. and he that delayeth an action grounded upon Statute , incurs a premunire , which is exprest in the 16. Rich. 2. 5. shall be put out of the Kings Protection , and their Lands and Tenements , Goods , and Chattels forfeit to our Lord the King , and their bodies to be attached to answer the King , &c. ( Charters granted to Corporations saved ) Letters Pattents to use new Manufactures saved . ) Grants confirmed by Acts of Parliament saved . ) Warrants granted to Justices saved . ) Letters Pattents that concern Printing , Salt-peter , Gun-powder , great Ordnance shot , or Offices saved . ) Nor shall this Statute extend to void Commssions for Allum-Mines , nor to the Licences of keeping Taverns , making glasse , transportation of Calves-skins , nor for making Smalt , nor for melting Iron evre , with Sea-Coal , &c. Provided also , and be it Enacted , That this Act or any Declaration , proviso , penalty , forfeiture , or other thing before mentioned , shall not extend , or be prejudicial to any use , custome , Prescription , Franchize , Freedome , Jurisdiction , Immunity , Liberty , or Priviledge heretofore claimed , used , or enjoyed by the Governours , and Stewards , and Brethren of the Fellowship of the Hoast-men of the Town of Newcastle upon Tyne , or by the ancient Fellow-ship , Guild , or Fraternity commonly called Hoast-men , for , or concerning the selling , carrying , lading , disposing , shipping , venting , or trading of , or for any Sea-coals , Stone-coals , or Pit-coals , forth , or out of the Haven , and River of Tyne , or to a Grant made by the said Governor , and Stewards , and Brethren of the fellowship of the said Hoast-men to the late Queen Elizabeth , * of any duty or summes of money to be paid for , * or in respect of any such Coals , as aforesaid . Here the Reader may see that all these excepted , except to the Justices , are allowed to be Monopolies , and this last the greatest that ever was . See Chap. 11. Chap. 8. ( A ) Chap. 21. ( A ) Parliament 1640. Informations upon penal Statutes shall be prosecuted in the Counties where the offences are committed . ( E ) Stat. 21. K. James Chap. 3. Be it Enacted that all informations upon p●nal Statutes shall be prosecuted in the Counties where the offences were committed , &c. upon default of proving that the offence was committed in the same County , the Defendant shall be found not guilty , &c. the Informer shall make oath , that the offence was committed in the same County , where the Suit is commenced , &c. The Defendant in an information upon a penal Statute may plead the general issue , that they are not guilty , &c. Certain offences there be excepted , but may be tried elswhere , &c. This Statute was made in favour and ease of the people from coming to London , but it is the worst Statute that ever was made , and much in favour of the offender , for the offender in Corporations and Sheriffs , are Judges , and Jurors in their own cases , and the Informer cast into prison , when the Judges are coming to Assizes , &c. so the Judges cannot come to the knowledge of such offences , and the offenders not punished . If that clause of the Statute were repealed ( which tyes all informations to be tryed only , and to be prosecuted in the same County , and this put in , that any may as well prosecute at Westminster , as elsewhere would bring into the publick Revenew above a hundred thousand pound per annum . Limitations of certain Actions for avoiding Suits in Law. ( F ) Stat. 21. K. James , Chap. 16. Be it Enacted , That all Actions upon the case ( other then for slander ) Actions for Account , Actions for Treaspass , Debt , Detriment , and Replevi for Goods or Chattel , and the said Action of Trespass , Quare clausum fregit , within six years next after the cause of such Action , and not after . Action of Trespass of Assault , Battery , Wounding , Imprisonment , or any of them within four years next after the cause of such Action , or Suit , and not after . And Actions upon the case for words within two years next after the words spoken , and not after . That no person do enter into any lands , but within twenty years next after his Right or Title , which shall hereafter first descend or accrue to the same , and in default thereof such persons so not entring , and their heirs , shall be utterly excluded and dis-abled from such entry after to be made , &c. Provided that if any person or persons be at the time of such cause of action given or accrued , fallen or come within the age of one and twenty yeers seme covert , non compos mentis , imprisoned , or be beyond the Seas , that then such person or persons shall be at liberty to bring the same Actions , so as they take the same within such time as are before limited after their coming to , or being of full age , discovert , of sound memory , at large , and returned from beyond the Sea , as other persons having no such impediments should be done , Stat. 20. Hen. 3. 8. 3. Ed. 1. 38. 32. Hen. 8. 2. 1. M. 5. The punishment of Drunkards . ( G ) Stat. 21. K. James 7. &c. for preventing of that loathsome sin of Drunkennesse , Enacted that for every time any was drunk , should within one week after conviction by the Oath of one Witnesse pay five shillings to the Church wardens of the Parish for the use of the poor , and for want thereof in monies , to be set in the Stocks six hours ; And for the second offence to be bound to the Good Behaviour . ( See Chap. 55. ( B. ) The Ale-house keeper , which doth not sell by a full measure of a Quart shall , &c. and that shall keep any person , tipling above one hour , shall forfeit ten shillings , and all Brewers that shall deliver Beer , to houses unlicenced , shall pay six shillings eight pence for every Barrel , &c. King Charles . The Petition of Right . ( A ) STat. 3 year of K. Charles upon the second day of March 1627. The Lords Spiritual and Temporal , and the Commons assembled in Parliament read the Petition unto the King , the effect thereof was , That his Majesty would declare and grant in open Parliament , that none might be compelled to make or yeeld any gift , loan , or benevolence , tax , or such like charge , without common consent by Act of Parliament . That none be compelled to make answer , or take such oath , or to give attendance , or be confined , molested or disquieted for refusal of that . Nor Free-men be imprisoned or detained , it being the right and liberty of the subject , according to the Laws and Statutes of England , and to declare your Royal will and pleasure , which the King did in these words ( Soit Droit fait come est desire ) Let Right be done as is desired ) See 28. Chap. 30. ( B ) 38. ( C ) 41. ( A ) 51. ( C ) 43. ( D. ) The Star-chamber and High-commission Courts voted down . ( B ) Act. 17. King Charles , The Parliament dissolved the High-commission , and Star-chamber Courts , with the President , and Councel of the North , to the end to abandon all Arbitrary pressures , conceiving them to be the greatest of evils , the proceedings , censures , and decrease of those Courts , have by experience been found to be an intolerable burden to the people , and the means to introduce an arbitrary power and government , being contrary to the Laws and Liberties of the Land , &c. All which Courts and proceedings shall sease after the first of August , 1641. being absolutely dissolved and taken away , &c. But it further Enacted and Declared , that neither his Majesty nor Councel have , nor ought to have any Jurisdiction , Power or Authority by English Bill , Petition , Articles , Libel , or any other Arbitrary way whatsoever , to examine , or draw into question , determine , or dispose of the Lands , Tenements , Hereditaments , Goods , or Chattels of any of the subjects of this Kingdome , but that the same ought to be tried and determined in the ordinary Courts of Justice , and by the ordinary course of the Law , &c. And that from henceforth , no Court , Councel , or place of Judicature , shall be erected , ordained , constituted , or appointed within this Realm of England , &c. which shall have , use , or exercise the same , or the like * Jurisdiction , as is or hath been used , practised in the said Court of Star-chamber . And be it Enacted , that if any who ever they be , shall put in practice any of the Courts above named practices , shall for such offence forfeit five hundred pound for the first offence to the party grieved , one thousand for the second offence ; and for the third offence , shall be from thenceforth incapable Ipso facto , to bear office , and disabled to make any Gift , Grant , Conveyance , &c. of any of his Lands , &c. nor to have any benefit of them , &c. and shall pay to the party grieved treble damages , to be recovered , &c. in any Court of Record at Westminster , by Action of Debt , Bill , ●laint , or Information , wherein no Essoyn , Protection , Wager of Law , Ayd , Prayer , Priviledge , Injunction , or order of restraint shall be in any wise prayed , granted , or allowed , nor any more then one Imparlence , &c. It will do the Masters of ships no harm to get five hundred pounds for every oath they are forced to swear against themselves , to cut purses , to be imprisoned without judgement of the Law , arbitrarily fined , &c. all being done by the Magistrates of Newcastle , &c. See Chap. 29. Chap. 26. The Parliament . Monopolies voted down , &c. ( A ) 1640. The Parliament were then so zealous for the Nations weal , that seeing what heavy yokes of bondage the people sat under by Monopolies , they fell to work on them , and voted down , the Pattents of Tyn , Soap , Lether , Salt , &c. as being infringers of the common right of the Free-born , And the pre-emption of Coals would have been the like , if any publick spirit had appeared and presented that grand grievance , which more concerns the life of man then any of the other , but I hope God will do it in due time . See Stat. 21. King James 3. See Chap. 44. ( E. ) All Trade prohibited to Newcastle upon Tyne , &c. ( B ) 9. Jan. 1642. Ordained that all Trade to Newcastle upon Tyne for Coals , Salt , &c. be prohibited upon pain of forfeiture , and confiscation of ship and goods , by reason that Town is conceived to be the principal inlet of all foreign Aid and Forces for strengthning themselves against the Parliament , tending to the destruction of the Laws and Liberties of England . An Ordinance for a low price of Coals , &c. ( C ) Feb. and June 42. and 43. Two Ordinances were made for setting a rate upon Coals at London , being so scarce , and enhansed to such a great rate , that all the poor were in a very sad condition . Propositions to reduce Newcastle , &c. ( D ) 5. June 1643. An Ordinance for reducing Newcastle to the obedience of the Parliament , being garrisoned and kept by Papists , and other ill-affected persons , whereby the whole Land suffers for want of Coals , so absolutely necessary to the maintenance and support of Life , which falls heavy upon the meaner sort . Upon the 20. of June the Lord Mayor , and Court of Aldermen , and Common Councel of the City of London , met at Guild-hall , and undertook the reducing of that Town of Newcastle from their Malignancy upon the Propositions of Parliament , whereby they were to be repaid , both principle and use of all charges , out of the Gentlemens estates of Northumberland , and County of Durham ( it was summa injuria that these Gentlemen should be destroyed for the offence and wickednesse of that Corporation , who never yet suffered for the same , &c. ) Ordinances of Parliament . ( E ) 12. May 1643. Ordained that there be a free and open Trade in the Ports of Sunderland in the County of Durham , and Blithe in the County of Northumberland , to relieve the poor inhabitants thereabouts by reason of the rapines , and spoyls those enemies of Newcastle have brought upon them in those two Counties , they all being in great want and extremity . ( F ) 14. Novem. 1644. Ordained that a free and open Trade be had to Newcastle for Coals , Salt , &c. that Corporation being won by the sword with the Scots , &c. These are breviated in the Epistle to the Reader , &c. Notwithstanding all these sad Events which that Corporation brought upon the people in those Northern Counties , but the Mayor and Burgesses , most of which were the transgressors not in the least sorry , but still doth with the highest hand of Arrogancy , and Pride tyrannize over the people in those Counties , not admitting them to improve their estates , but casts them into prison , &c. The oppressed cryes for relief , and could never be heard . ( G ) 17. June , 1649. And Act of Parliament passed for sail of Kings Lands , and Queens , &c. by vertue whereof was surveyed in Lands , Mils , and Tenements to the value of two thousand pounds per annum , and returned to Worcester house , I leave the rest to the Examiner , &c. the particulars , I have &c. ( H ) 〈◊〉 1650. An Act of Parliament constituting a Councel for regulating of Trade throughout England , &c. and were to sit at White-hall , where there was a Legal Trial had against Newcastle , and were overthrown , as by the report which was drawn up by the said Councel to be reported to the Parliament , as appears , &c. ( I ) Anno 1653. The Parliament impowred a Committee for regulating of Trade and Corporations through England , &c. when more charge was brought in against the evill practice of the said Corporation , appears , &c. All that is desired is a free Trade in the River of Tyne , according to the purport and true meaning of that Stat. 11 Rich. 2. 7. The taking away what is bad in that Corporations Charter , the River preserved , and men from being imprisoned without judgement of Law. Now to give some Reasons against this Arbitrary Power . AS Sir Walter Raleigh , being to give a Character of Henry the Eighth , prefaceth his Description with this Introduction , If all the Pictures and Patterns of a merciless Prince were lost in the World , they might all again be painted to the life out of the Story of that King. So having given the world an account of the most unchristian , illegal , oppressive practices of the Magistrates of Newcastle upon the people of this Nation , whose either Neighborhood , or calling , or condition of life , necessitate them to an intercourse with them , either by way of Traffique or any other way , though forced into that Port and Harbor , by distress of weather , tempest or any other accident incident to those that go down to the Seas in Ships , and occupie their businesses in the waters ; Reflecting on their Actions , I may safely say of them as that Noble Knight did of that King , If all the Pictures and Patterns of a cruell and merciless people were utterly lost in the world , they might be all painted to the life out of this Narrative , setting out the illegal Oppressions , arbitrary Exactions , barbarous Murthers practised and committed by the Magistrates of Newcastle , both on their Neighbors , and the free people of this Nation . There are two Rules or Canons in Scripture upon which all the Commandements of the second Table ( and consequently , all the duty of man to his Neighbor ) do depend . The First is , Quod tibi fieri non vis alteri ne feceris , What thou wouldst not have another do unto thee , that thou oughtest not do unto another . This Rule well observed prevents all injury and wrong : for while a man frames his own actions towards his Neighbor , according to that pattern which in his own breast he shapes to his Neighbor to perform unto himself , hee will do no injury , because he would receive no injury ; and this is the ground of that Command or Precept of our Saviour , Thou shalt love thy Neighbor as thy self . The second Rule is , Whatsoever yee would that men should do unto you , even do yee unto them , Mat. 7. 12. and this rule stirs us up to all beneficence , and doing good to our Neighbor : for as to prevent injuring another man , a man should aske himself , would I that another man should do to me , as I am about to do unto him ? and so , love to himself will prevent hatred to another ; So to confer favors , and to do good unto another , a man should aske himself , would I require this boon , this favor , this good turn from another , if I stood in need of it as my Neighbor doth , and I were in his condition ? and would the granting , or doing this favor , be most acceptable to me , and lay an eternal obligation upon me ? Hence love to a mans Self , will kindle his bowels of compassion to his Brother , and will dispose him willingly to do that good unto another , which , if occasion served , he would willingly receive from another . These men of Newcastle regulate themselves in all their actions here charged upon them , and fully proved by oath of men of undoubted integrity , neither by the one Rule nor by the other ; for they do not onely do those injuries and wrongs which they would not take , but they deny those favors which they would , if occasion served , willingly receive ; Nay , they do not onely deny to do those favors themselves , which not onely by the Law of Christian Charity , but even by the Dictate of Nature , and common Humanity they are bound to perform , but they binder and deter those that would do them , and violently prosecute , fine and imprison those who have releived them , and without their present help , had ship-wracked in the very Haven , and perished under the expectation of a delayed assistance . I shall not accuse all Incorporations as established Monopolies , but certainly , the Corporation of Newcastle , as it is managed by those men , is of all Monopolies the most oppressive , and consequently the most odi●us Monopolie , rendred so by those injurious , destructive , illegal privileges , which against all Law of God and man , they have made and indulged to themselves , and accordingly are rigorously practised by them : But that their monstrous practices may more clearly appear to all the world , what hath been scattered and divided by necessary interweaving of Proofs , and Depositions , Statutes and Laws , and other Supplements , I shall here contract into a narrow compass , and present them Brevi quasi Tabellâ , unto the view of the world . Their Tyranny and Oppression may be reduced to these heads . First , False Imprisonments without any tryal of Law , or offence committed ; ( pag. 72. 89. 58. 76. 84. 87. 93. 85. 103. 59. 81. 106. 90. ) When the Chief Priest and Elders of the Jews desired Festus on their Information barely to pass sentence upon St. Paul ( though a Heathen Judge ) he returns them this answer , It is not the manner of the Romans to deliver any man to die , before that he which is accused have the accusers face to face , and have licence to answer for himself , Act. 25. 16. On the unjustice , and unreasonableness of this course doth Nicodemus oppose the Chief Priests and Pharisee● in the behalf of Christ , Doth our Law ( saith he ) judge any man before it hear him , and know what he hath done , John 7. 51. ( p. 163. G. ) This way of proceeding in Judicatory is most repugnant both to the Law of Nature , as you see in the Romans Law , and also to the Law of God , which positively determines , One witness shall not rise up against a man for any iniquity , or any sin that he sinneth , At the mouth of two or three witnesses shall the matter be established , Deut. 19. 15. And if God would not have any man to be condemned in any Judicatory by the testimony of one witness , but by the joynt attestation of two or three at least , as is evident by this Text of Scripture , and by many concurrent places of divine Writ , as Numb . 35. 30. Deut. 17. 6. Mat. 18. 16. John 8. 17. Heb. 10. 28. 2 Cor. 13. 1. How much less would God approve of such tyrannical proceedings to condemn a man without any witness at all , or ever permitting the person accused to take up an Apology or just defence for himself . Secondly , Forcing men to swear against themselves , ( pag. 60. 72. 86. 87. 88. 91. 92. 103. ) How highly were the hearts of this Nation inflamed ? what indignation did they conceive against the practices both of the Star Chamber , and High Commission , heretofore ( pag. 87. ) as laying an unsupportable yoak upon the necks of the people by the tender of the Oath ex Officio ? Hath all the Nation freed themselves from this bondage by a good Law , so that elsewhere no man is compelled to testifie against himselfe , or where other witnesses fail ; inforced to accuse himself ? And must they onely that come under the Jurisdiction of the Magistrates of Newcastle remain inslaved under the same bondage ? Is this Tyranny lawful at Newcastle , that is exploded and cast off every where else ? Nay , that which infinitely heightens their oppression and wickedness , is this , That those Reasons which were alleged to justifie this practice , ( pag. 188 88. 87. 86. 103. ) both in the Star Chamber , and High Commission , have no place of pretension here . There the zeal of Justice , to let no sin go unpunished ; and the Glory of God , in the sinners Confession , and accusing of himself , as Joshua abjured Achan , My Son , give I pray thee glory to the Lord God of Israel , and make confession unto him ; and tell me now what thou hast done , hide it not from me , Josh . 7. 19. was alleged as an instance to justifie their proceedings , where otherwise the Offender could not be discovered , either by evidence of the Fact , or testimony of witnesses . But here by an Oath they compel men to reveal the secrets of their hearts to rise up in Judgement against themselves , for no other end , but by their own confession , to make them guilty , and then invade their fortunes . First , They make themselves Masters of their Consciences , ( pag. 86. 107. 99. ) And by that make themselves Masters of their Estates . Covetousness , and not zeal of Justice , or Gods Glory , is the principle from whence they act . Thirdly . Imposing Fines Arbitrarily ( p. 23. ( ● ) 31. ( R ) 44. 60. 84. 87. 90. 91. 93. 117. 24. 109. 110 92. 16. ) and then no wonder if they be excessive , exceeding both the Merrit of the crime pretended , or the ability of the Offender . How great a temptation is it to Justice , to be severe and ridged in its sentence , when the punishment of the Offendor is the inriching of them that passe the sentence ? ( nay the Judges themselves are the grand Offenders and goe unpunished , ( p. 77. 78. 79 ) and so it is here at Newcastle . ( p. 81. ( Q ) p. 91. ( C ) p. 90. ( H ) p. 103. ( D ) p. 110. ) One reason that induced some sages of the Law to affirme that the latter Kings of England had evested themselves of their power to sit Personally in their Courts of Justice , and deligated it to , and invested the Judges of the respective Benches therewith , was , because in Imposing of Fines the King was both a Judge and party interested , not only as the fountain of Justice to be administred unto the people , but as the person into whose exchequers and treasury , the laws of England paid their Fines . But the Magistrates of Newcastle injoy those privileges , which were thought unbeseeming the Kings of England . They are both Judges and Parties . They estimate the offence , and receive the fine , and then how frequently covetousnesse and self-interest , sit on the Bench in the place of Justice , ( p. 35. ) the world may easily Judge ; as appeares in the case of Lewis Frost , and unjust Judge Bonner , hee having two pence halfpenny of all ballast , and the other Catchpole Bonner to arrest the refusers . Fourthly . Obstructing all indeavours for grant of a Market at North-sheilds , six miles from Newcastle , and in another County , and 12 miles from any other Market in the same County , and then robbing people of their commodities , in their own markets , and seizing on goods carried through their Town , alledging Forraigne bought and Forraigne sold . Markets were for conveniences , and not for ingrossing all provisions and peoples lives ( p. 87. ) Fifthly , For imprisoning poor Artificers ( p. 84. 85. 80. ) for working in their own Trades , at the Town of Sheilds , though in another County , and detaining them untill they enter into bond never to work there again , which is to engage themselves to abandon and renounce that calling wherein they were brought up , to expose themselves , their Wives and Children to want and beggery , or else to turn vagabons , ( p. 181. ) and desert the place of their habitations , being by these mens tyranny , necessitated to leave their Callings or their Dwellings ; what sad fate hangs over the poor Inhabitants of this Town , to be deprived of the Common privileges of English men , shall I say ? nay despoyled of the Common privileges of mankind , In the sweat of their browes to eat their own bread , Genesis 3. 19. and to yeild obedience to that precept of St. Paul. Let him labour , working with his hands the thing that is good , that hee may have to give to him that needeth , Ephesians 4. 28. Or that of the same Apostle 1. Thes : 4. 11. and 2. Thes . 3. 10 , 11 , 12. The Character of Newcastle , or rather indeed the usurped power of the Magistrates there , supercedes the Commandements of God , Let every man , saith St. Paul , abide in the same Calling wherein hee is called , 1. Cor. 7. 20. If hee doth , say the Magistrates of Newcastle , hee shall not abide in sheilds , nor in the Neighbourhood of our Corporation : as if they were a limbe of the Beast ; so that no man may work , ( p. 72. 165. ) or buy , or sell , save hee that hath their mark . Revel . 13. 17. That is , unlesse hee be a Member of that freedome , which ingrosseth so much freedome to themselves , that they leave no freedome at all to their poor Neighbours . ( p. 104. ) Sixtly , ( p. 69. 70. 76. ( A ) 84. 85. 73. ) Imprisoning all that are not free of their Corporation that shall indeavour to save ships in distresse , from perishing in the River , and when they are sunk for want of help , seizing the goods of the Masters , & also imprisoning their persons ( 72 ) many months . Let the world , wheresoever it is most savage , most barbarous , shew such an instance of such an aggregation of injustice , oppression and cruelty as this , and ( as wee say , let them carry their coals ) If not to save life bee to kill , and if not to doe good when an opportunity is offered unto us , is to doe evill , as in our Saviours Doctrine certainly it is , Mark 3. 4. Then not to save a ship ( p. 165. ) I and perhaps the Mariners and passengers lives too ( 72 ) when they have an opportunity , nay when they are earnestly intreated , and their help implored , is in Gods accompt all one as if they had sunk the ship and drowned the men , ( p. 80. ) Hee that doeth not prevent a mischeif when it is in his power to doe it , is in Gods accompt the contriver and the Author of it ; but that which is the great aggravation of their oppression in this kind , and heightneth it beyond any parallell is , they deny all help to ships in distresse ( p. 71. ) that so making ship-wrack ( p. 18. 19. 70. 71. 72. 81. 73. 75. 84. ) That which in this is usually alleged to take off from the horridnesse of their Tyranny is ( viz. ) That they must send for help from Newcastle , signifies nothing , Newcastle being 7 miles from that Harbour of Sheilds . Whilst the grasse grows the steed starves , as the proverb tells us , and while help is expected the ship is lost . If these men could command the wind and Seas , not to rage and swell , but be hushed into a calme , and the River kept from friezing ( p. 59. 78. 102. 105. 72. 74. 75. 76. 77. 78. 79. ) untill they sent down help from Newcastle , their reply might be admitted ; but since the Wind , Sea and Ice , are not controllable by their charter , What abominable Tyranny : what savage inhumanity , is it to deny ships in distresse , such help as is at hand , to preserve themselves ? Cases of necessity make voyd proprieties , that which without the case of necessity is theft ; In the case of necessity is not theft . Men doe not dispise a theif , if hee steale to satisfy his soul when hee is hungry , Proverb : 6. 30. and the Law saith , when thou comest into thy Neigbours vineyard , thou maist eat grapes thy fill at thine own pleasure , Deut : 23. 24. In case of extreame necessity , that all things are Common , is the joynt opinion of all Divines . This is the Law of Nature , and therefore not to be over-ruled by any positive Law , of any Kingdome or Common-wealth ; for in these cases of extream necessity , the person in this condition , taking that which is anothers , is not guilty of theft , for Jure suo uti●ur , as the Casuists determine , hee doth but make use of his own right ; nor doth it come under the definition of theft , which is , taking away that which is another mans , without his consent : for as necessity alters the property , and makes it his own , so while he makes use of his own right , the other tenetur consentire , is bound to give his consent , and to acquiesce in the others injoyment of it . And therefore in all positive Laws whereby property is distinguished , there is none of them , which hold in case of extream Necessity : and shall extream Necessity entitle a man to a part of another mans reall possession , by which there is Damnum emergens , some dammage or diminution of the goods and possession of the owner , and yet free the invador from all imputation of injustice or usurpation ? And shal not a poor Master of a ship in case of extream Necessity , ( p. 72. 71. 102. 73. 69. 74. ) dispence with the Privileges , and Charter of Newcastle , which at most , can be but lucrum cessans , a suspension of their Privileges and gaine● ; and make use of such helps for his preservation as providence affords , without running the danger of sending for , and waiting the help from Newcastle ; without the ruine of those that save him ? shall not extream Necessity , which is an Apology for all the world , bee his just Apology , to plead his excuse in this case , and free him and his helpers from the tyranny and persecution of the Magistrates ? 3. The prophet Isaiah , tels us of some Magistrates that were companions of theeves , Isaiah 1. 23. Ezekiel tels us of others , that were like evening Wolves , ravening for their prey , Ezekiel 22. 27. and Zephany , of others , that were , like roaring Lyons Zeph : 3. 3. if any man doubt , whether these Characters of oppressive Magistrates , be applicable to these of Newcastle , I shall say no more to them , than our Saviour did to Nathaniel in an other case , come and see . Joh. 1. 46. Seventhly . Prohibiting Gentlemen and others in the Counties both of Northumberland and Durham , to sell their Coals to ships to be transported to London , compelling all owners of Colleries , to sell their Coals to themselves first , if any shall presume to sell their Coals immediately to the ships , without taking them in the way , they seize upon such Coals , upon pretence that the owners of the Coals are not free of their Corporation , ( pag. 20. 94. 92. 93. 95. 96. 97. 45. 78. 76. 75. 37. 190 162. D. ) And if this be not a Monopoly , of as high a nature , and producing as ill effects , and those of as large extent , as any , that ( to the great content and satisfaction of the Nation ) hath b●en abolished , let the * world judge . A Welch Pedigree , doth not descend by more steps and degrees , than the propriety of their coals is varied , while it is derived from the Owner of the Collery , unto him that at last buyes the commodity to spend it , as well Trades as others . The Owners of Colleries , must first sell the Coals to the Magistrates of Newcastle , the Magistrates to the Masters of ships , the Master of ships to the Woodmongers or Wharfingers , and they to those that spend them : Every change of the propriety adding to , and enhancing the price of the Coals , thus interchangeably bought and sold ; which course , as it picks some money out of the purses of every man that buys Coals , besides bad * Coals being therby vented , so it grinds the faces of the poor , who in these latter years , by reason mainly of this Monopolizing of them , have found it as hard a matter to fortifie themselves against cold , as against hunger , ( p. 104. ) Whereas , if the owners of every Collery had free liberty to sell ( p. 118. ) his Coals to ships immediately , Tinmouth Haven would afford Two hundred thousand Chaldrons of Coals in the year more than now are vented , which would reduce the late exorbitant excessive rates of Coals in the City of London ( p. 60. 75. ) to under twenty shillings a Chalder all the year , Winter as well as Summer , and bring into the common Treasury above Forty thousand pounds per annum , ( p. 57. 94. 96. ) Some owners of Coal-pits will rather let their pits be fired , like those at Benwell , and consume , than let their Coals to the Magistrates of Newcastle . If the Coal-owners in each County from whence all Coals come should be as refractory to the Magistrates in denying their Coals , as the Magistrates are to the Masters ( pag. 97. 93. 92. ) few or none would be brought to London , or any Revenue raised . Eighthly , Forcing all ships up the River six miles , amongst dangerous Sands , Shelves , and the bulks of sunk ships ( p. 69 , 70 , 71. 72 , 78 , 93 ) that so they may cast out their Ballast upon their Shoars , and all for the greediness of receiving eight pence for every Tun of Ballast , which hath occasioned the spoil and loss of many ships , to the utter undoing of the Masters and Owners of the ships , and the destruction of the lives of many poor Seaman , and Mariners , whose blood will be required at their hands who put them on those dangers in which they perished . Besides their choaking up the most part of that River , by forcing the Ballast up their Sandy hils near the said Town of Newcastle , many thousand Tuns whereof is blown and washed down into that River , ( pag. 78. ) They will neither preserve the River , nor let Doctor Swinbourn Vice Admiral for the County of Durham doe it , who hath fined some of the Magistrates hundreds of pounds for Damages , &c. Lastly , Countenancing their Officers in their oppressions , nay , in their very murthers , as in the case of Thomas R●tter with others , who having forfeited their lives to Justice for killing Ann the wise of Th●mas Cliff of North-Shields , was by their power and favor rescued from that death , which they justly deserved ( p. 80. ) God would not suffer his Altar to be a Sanctuary to a wilful Murtherer , neither would King John their Patron , ( pag. 34. ) If a man come presumptuously upon his Neighbor to slay him , thou shalt take him from mine Altar , that he may die , Exo. 21. 14. The Law of England d●fines what murther is , pa. 165. Blood defileth the Land , and the Land cannot be cleansed of the blood that is shed therein , but by the blood of him that shed it , Numb . 35. 33. When therefore God shall make inquisition , they that staid him that offered ●iolence to the blood of his N●ighbor , and should have gone to the pit , Prov. 20. 17. will be found to communicate in this murder , and involved in the same guilt with him that committed it , but the good God be merciful to them that have not approved or consented to this wickedness ; For though our eyes did see this blood , yet our hands did not shed it ; and therefore let every one that would wash his hands clean from that blood , pray , as God prescribed , Be merciful , O Lord , unto thy people Israel , whom thou hast redeemed , and lay not innocent blood unto thy people Israels charge , Deut. 21. 7 , 8. Thus have I given you a short view of the tyrannical oppressive practices of the Magistrates of Newcastle , whose sin receives no smal aggravation from their Office and Calling , in that they are Magistrates , whom God hath furnished with Authority to that end , that they might prevent and redress Injuries done by others , and execute wrath upon evill doers , Rom. 13. So that in their oppressions , they sin against the very end of their Calling , they transform the very Image of Gods Power and Justice , which they sustain , into the Image of Gods enemy , Satan , whom herein they resemble , and become after a sort wickednesses in high places , as the Devils are ; for amongst them , as much as any where , is that of Solomon verified , I saw under the Sun the place of Judgement , that wickedness was there , and the place of righteousness , that iniquity was there , Eccles . 3. 16. And although attempts hitherto , and all indeavors for redress of these oppressive courses , have proved abortive and fruitless , No man compassionating the people with Saul , so much as to aske , What ayleth this people that they weep , 1 Sam. 11. 5. No , after many addresses , Petitions , Remonstrances , and Sutes at Law , being stifled by the instigation of corrupt persons then in power , and obstructed by the mutability and changes , we have too just reason to complain with Solomon , Behold the tears of such as were oppressed , and they had no comforters , and on the sides of their Oppressors there was power , but they , the oppressed , had no comforter , Eccles . 4. 1. Yet at this time we are not without good hopes , but that the cries of the poor and the oppressed will enter into the ears and hearts of this present Power , That they will be as a hiding place from the winde , and a covert from the tempest , as Rivers of waters in a dry place , as the shadow of a great Rock in a weary Land , Isa . 32. 2. But if our hopes now fail us , we must sit down and sigh-out that of Solomon , If thou seest the oppression of the poor , and violent perverting of Judgement and Justice in a Province , marvail not at the matter , for hee that is higher than the Highest regardeth , and there he Higher than they , Eccles . 5. 8. THE TABLE . A ATcheson Page . 85 Arresting in others names Page . 76 Arresting out of a Liberty , Page . 154 Arresting by false Writs , Page . 181 Attorny Page . 127 , 182 Admiralty River , Page . 15 , 17 , 45 , 115 Aldermen Page . 22 , 136 Articles for the river , Page . 37 to 41 Army at Batlet Page . 118 Armed men disarmed , Page . 161 Artificers Page . 167 , 84 , 165 Acton Burnel Page . 27 Andronicus Page . 69 Attaint against a Jury , Page . 150 Ad quod damnum Page . 155 Act for free Trade , Page . 114 , 170 Alehouses Page . 187 B Bounders of Newcastle , Page . 8. 9 , 11 , 16 Bigs Page . 76 Bowes Page . 85 Bonner Page . 51 , 73 , 84 Beets Page . 71 Buckingham Page . 15 Bishop and Justice Page . 36 Bribery Page . 10 Ballast , Page . 40 , 43 , 44 , 73 , 77 , 79 , 87 , 89 , 103 , 116 , 151 , 74 , 92 , 93 , 48 , 49 , 53 , 78 , 94. Bonds , Page . 43 , 84 , 85 , 103 , Bayl denied , Page . 82 , 89 , 153 , 140 Bread and water fed , Page . 83 Bread nor Beer at Shields , Page . 102 , 57 , 106 , 117. Beasts blood Page . 104 Blewet Page . 135 Bidleston Page . 110 Burgesses Page . 29 , 130 Bayliffs oath Page . 127 Belman Page . 107 Barrator Page . 161 Butler Page . 92 Bradford Page . 87 Bracton Page . 84 C Charters , Page . 7 , 8 , 10 , 11 , 17 , 20 , 30 , 52 , 111 , 117 , 118 , 119 , 154 , 156 , 126 , 171 , 43. Corporation Page . 113 , 170 Corroner , Page . 18 , 22 , 24 , 7 , 101 , 144 , 156 Customs on Coals , Page . 98 , 26 , 34 , 75 , 94 , 95 , 96 , 97. Court Page . 23 Conservators peace . Page . 23 And River Page . 37 Commissioners River , Page . 43 , 115 , 37 Combination Page . 72 , 73 , 93 Coals , Page . 97 , 8 , 9 , 45 , 25 , 190 , 119 , 58 , 78 , 92 , 93 , 94 , 117 , 52 , 182 , 138 , 10 , 12 , 13 , 14 , 16 , 95 , 185 , 20 , 24 , 29 , 31 , 70 , 71. Conspiracies in Art. Page . 165 Cartwright Page . 94 Cudworth Page . 93 Customers Page . 139 , 173 Twelve Companies Page . 20 Councils names , Page . 41 , 42 , 49 , 55 Crosier Page . 48 Cliffs trial Page . 57 , 76 , 81 Committee Page . 61 Carpenters Page . 84 Castle of Darrel Page . 44 Commission Sewers Page . 149 Condemned by Law Page . 134 Confiscations , Page . 117 , 105 , 28 , 99 , 102 Corn Page . 101 , 104 Cason Page . 75 , 71 D Dudly and Empson Page . 34 Drowning , Page . 59 , 70 , 101 , 102 , 112 Dogs and Cats eaten , Page . 104 , 120 Debts Page . 27 Duties on Coals Page . 97 Distress Page . 156 Damage to ships Page . 75 Drunkenness , Page . 34 , 111 , 187 Deanes claim Page . 119 Duke Venice Page . 173 Dawson Page . 95 , 97 , 100 Darrel Page . 44 E K. Edw. 1. Page . 153 Edw. 2. Page . 157 Edw. 3. Page . 160 Edw. 6. Page . 164 Q. Elizab. Page . 12 , 13 , 14 , 16 , 20 , 117 Extortion , Page . 115 , 123 , 153 , 180 Evidence Page . 128 , 109 Expositions Page . 123 Executions Page . 180 F Fleta Page . 83 , 84 Forestallers , Page . 17 , 166 , 179 , 104 Fines , Page . 16 , 18 , 19 , 23 , 31 , 60 , 84 , 87 , 81 , 91 , 92 , 93 , 117. 163. Fishermen Page . 44 Felons , Page . 23 , 24 , 110 , 159 Fees by Corporation Page . 149 Fenwick Page . 141 Farrow Page . 103 Feefarm Page . 7 , 10 , 11 Fish royal Page . 19 G Gates lockt Page . 39 Grounds fenced , Page . 40 , 51 , 76 , 112 , 113 Gardiners Page . 59 , 62 , 104 Goods Page . 60 , 117 Grenaway Page . 105 Gateshead Page . 169 , 175 Gold and Silver , Page . 162 Green Page . 91 Grievances to be redressed , Page . 163 Gallows Page . 19 , 24 Gaolers Page . 160 Grammer School Page . 29 Governor Page . 39 Government Page . 34 Gosnal Page . 71 H K. Hen. 3. Charter Page . 8 , 13 Hoast-mens Charter , Page . 13 , 25 , 26 , 30 , 49 , 52 , 92 , 93 Horth Page . 52 , 77 K. Hen. 4. Page . 12 L. Haward Page . 14 Sir Heath Page . 48 , 112 Hilton Page . 53 , 102 Hanging Page . 24 , 106 Heads cut off Page . 121 Heathens practice Page . 87 Hume Page . 70 , 101 Sir Hasterigge , Page . 100 , 101 , 106 Hesilwood Page . 72 , 79 , 86 Harrison Page . 80 , 88 Hall Page . 85 Habeas Corpus Page . 83 Horn Page . 84 K. Herrold battle Page . 118 K. Hen. 3. Page . 134 K. Hen. 4. Page . 136 K. Hen. 5. Page . 137 K. Hen. 6. Page . 139 K. Hen. 7. Page . 144 K. Hen. 8. Page . 147 I K. John , Page . 1 , 3 , 129 , 34 , 7 , 2 , 6 K. James Page . 35 , 34 Indictments Page . 81 , 186 , 143 Imprisoning , Page . 16 , 31 , 76 , 82 , 84 Justices , Page . 17 , 19 , 23 , 24 , 119 , 136 , 161 Judges and Jurors , Page . 18 , 90 , 103 , 110 , 106 , 117 Ingrossers , Page . 17 , 101 , 104 , 105 166. Jarrow Page . 50 , 57 , 90 , 119 Jury Page . 128 , 151 Information of penal Statutes Page . 186 , 168 K Keelef-men Page . 40 , 98 , 138 Katherines Liberties Page . 42 Kents land Page . 119 Keeble Page . 75 Kings Oath Page . 119 , 128 L Limitation of Actions , Page . 187 Laws , Page . 17 , 31 , 33 , 82 , 90 , 109 , 111 , 119 , 123 , 134 , 16 , 21 Liberties forfeited , Page . 42 , 118 163 Lamb Page . 156 Lease grand Collery Page . 24 Lever Page . 93 Low Page . 74 Lines Page . 76 Lambert Page . 85 Lyng Page . 89 Lumsdall Page . 99 Lands purchase , Page . 174 , 15 , 11 , 30 Letters counterfeited Page . 88 M Morpeth burnt Page . 4 Mayor chosen , Page . 21 , 23 , 36 , 113 , 163 , 130 , 82 Mortmain Page . 24 , 174 Murder , Page . 34 , 80 , 170 , 165 Markets , Page . 21 , 27 , 59 , 70 , 99 , 101 , 102 , 105 , 106 , 118 , 155 , 166. Merchants Page . 117 Mariners Page . 26 Mallen Page . 71 , 75 Mors● Page . 75 Midford Page . 76 Mirriton Page . 96 Measures , Coals Page . 78 Miseries Page . 120 Q. Mary Page . 175 N Newcastle , Page . 15 , 20 , 62 , 67 , 112 , 115 , 116 , 138 , 121 Northumberland , Page . 120 , 122 , 123 Navigation Page . 115 Normans Page . 119 O Oliver Lord Protector , Page . 114 Officers , Page . 18 , 22 , 27 , 30 , 36 , 81 , 153 , 163 Out-lawed Page . 22 Oath , Page . 22 , 36 , 39 , 72 , 86 , 88 , 91 , 119 , 127 , 128 , 129 , 130 , 141 , 165. Ordinances Page . 145 , 190 Orde wife Page . 96 Objections Page . 112 P Parlament Page . 5 , 53 , 81 Punishments Page . 16 , 43 , 58 Petition Right Page . 188 Pleading , Page . 30 , 27 , 62 , 67 , 115 Penalties Page . 31 , 28 Profits Page . 33 Purse cutting Page . 87 , 180 Prisons , Page . 23 , 59 , 72 , 83 , 87 , 93 , 155 Peach Page . 91 Prisoners Page . 160 , 84 Pots Page . 74 Pilots Page . 117 Phillips Page . 74 , 78 , 97 Perjury Page . 73 , 76 , 87 , 178 Pye Page . 92 Poor Page . 181 Provision , Page . 59 , 94 , 102 , 103 Prentice Page . 111 , 177 Pardon Page . 29 Prerogative Page . 118 Pope Page . 129 Q Quo warranto , Page . 29 , 34 , 113 , 156 R K. Rich. 2. Page . 12 , 170 Ryots Page . 174 , 82 , 140 Regrators Page . 17 , 166 Rates Page . 81 , 99 , 101 , 162 Robbing Page . 167 Recorder Page . 22 Recognizans Page . 27 River , Page . 78 , 102 , 105 , 36 , 43 , 58 , 93 , 149 , 50 56 , 60 , 74 , 75 , 77 , 79. 103 , 112 Rewards Page . 44 Read Page . 101 , 92 Reavely Page . 102 Revenue Page . 75 , 93 , 94 Readhead Page . 84 Rawling Page . 92 Rebels . Page . 26 S Sheriff , Page . 12. 23. 137. 141. 143. 153. 158. 180. Sneing , Page . 16. 45. 46. 92. 100. 102 Seele Page . 16. 27. 31. 162 Sparhawke Page . 17. 147 School Page . 29 Steward Page . 31 Servants Page . 103 Ships unload , Page . 31. 40. 57. 60. 117. 106. 70. 71. 72. 73. 74. 75. 76. 80. 92. 103. 104. 134. 102. Star-chamber Page . 45 , 87 , 188 Ship-Carpenters Page . 117. 58 Strafford Page . 35 Sands Patent Page . 53 Spanish Inquisition Page . 87 Straw-Mat Page . 91 Seamen Custom free Page . 105 Symonds Page . 105 Scoulds Page . 111 Stock Commonwealth , Page . 115 Salt works Page . 117 Scots burning people Page . 122 S●lkeild Page . 82 Sergeants Page . 107 Srabbing Page . 182 Survey Page . 191 T Talbot Page . 91 Toule , Page . 28. 94. 101. 103 , 104. 149. 153 Trades , Page . 21. 51. 75. 78. 112● 115. 167. 170. 173 Tyrants Law Page . 70 Tye Page . 72 Tickets Page . 44 Taylor Page . 84 , 104 Trinity house London , Page . 112 Tyn Page . 94 Tobacco Page . 99 Thorp Judge Page . 100 Table of Fees Page . 149 Tax only by Parlament , Page . 155 Tempest Patent Page . 52 V Victuals , Page . 77. 105. 162. 165. 28 Voyages lost , Page . 74. 75. 93 94. 97. 104 Voyages gained , Page . 75 , 79. 93. 98 Usher Page . 29 Usurped power pardoned , Page . 29 W Wall Page . 9 Wreck , Page . 18. 19. 70. 71. 72. 159 Work-men Page . 181 , 84 Wages Page . 81. 73 Watching Page . 43. 103 Willy Page . 75 , 110 Witchfinder Page . 109 Wheeler Page . 107 Wyard Page . 92 Warrants , Page . 103. 82. 97. 156 William Conquerer Page . 119 Water Page . 102. 103 West Page . 106 Williamson Page . 99 Weights and measures Page . 102 Y Yaxly Page . 74 Yelverton Page . 55 ERRATA . Page 9. ( A ) line 7. for Shelves , r. streams . p. 36. ( B ) l. 2. for confirmancy , r. conservancy . p. 75. ( C ) l. 4. for worses , r. Mo●se . p. 117. ( M ) l. 3. for Princes , r. premises . p. 197. l. 12 for evested , r. divested . p. 73. ( F ) l. 7. read for 6. s. 8. d. FINIS . THE RIVER OF TYNE leading from the Sea on the east , to Newcastle on the West , beeing bounded in on both sides , by the County of Northumberland on the North , & the County Durham on the South . London printed & sould by Peter Stent at the White Horse in Giltspurr Street , betwix Newgate and Pye Corner . A. Towne Shore B. St Ridalls Shore● C. Ballast Shore D. Bill Shore E. Pace Sand F South road Sand G North road Sand H Iarro Sand I Iarro middle around K Iarro Slike L. Dirtwi● Sand M Coble Deane N 〈◊〉 Sand O Another Balla●t Shore P Bill Sand Notes, typically marginal, from the original text Notes for div A42371-e720 * See chap. 49. ( B ) 11 year ▪ 1211. 13 year ▪ S 1212. ☞ 14 year , 1213 ▪ 15 year . 16 year . 17 year . ☜ * It is conceived , that this Le●se is void , by reason the Corporation forfeite● it being garrisoned against the Parliament , &c. * Chap. 21. This Statute of 2 Edw 3 8 Will void this Charter by reason it is against Right . Newcastles Petition . * Newcastle Incorporated . To purchase Lands . See Stat. 15. Rich. 2. 5. To sue , and be sued by one Name . See Ed. 3 6. Confirms all former liberties . * Making Laws See Stat. 19. Heu . 7. 7. * To punish Offenders . See Stat. 9. Hen. 3. 29. Commanding Obedience . Sparhawk and Headwyn Streams their libert ies . Entrance to the Office of High Admiralty . Keeping Courts . Punishment . * See Stat. 28. Edw. 3. 3. Laws of England executed . Fore-staling . See cap. 50. A. 49 , 5 , 48. A. Officers to do their duty . See cap. 36. c. D See chap. 30. B chap. 29. D. All acknowlegements Wreck , &c. View of dead bodies , murthering , drowning Wreck . Coronors . * See ch . 48. A. 29. 49. A. To fine and qualifie . See Stat. 25. Edw. 1 5. All fines for their own use is given . See c. 42. A 41. A. * To have all profits and wrecks . * See c. 30. A 29. D Sta. 17. Ed. 2. 11 To have all Felons goods , &c. See c. 53. A * Sta. 17. Ed. 2. 16. Royal Fishes . Sta. 17. Ed. 2. 11 Justices of Goal delivery , Gallows and to hang them . Observ . Choyce of the Mayor and other Officers . Power to make Laws for themselves not repugnant to the Laws , of England . Castlemore is without the limits . To punish Offenders against such Laws . * See Sta. 19. Hen. 7. 7. Election of the Mayor , Sheriff , and other Officers at what time . The Port belongs to the Castle , and not to the Town . Oath to Master of ships . Officers for life To fine refusers of Offices . The Recorder no Burgess . Every Officers name . From the 18. leaf to the 65 leaf concerning the Officers of Newcastle . To hold Courts of Record . See chap. 42. C. Conservators of the peace Chap. 37. Chap. 36. To enquire of all misdemeanors to the Law Forestallers , Regrators , &c. * See St. 5 , 6. Ed. 6. 15. Reasonable Taxation of fines &c. for the Towns use . * See St. 25. Ed. 2. 6. Gaol-Deliveries and Coronors , &c. See Sta. 3 H. 7. 1 Town Moor is without their liberties , only liberty to get Coals . They have no other liberties b●t within the walls of the Town . Quere , what Interest they have in the Port , for it extends seven miles above , and seven miles below the Town of Newcastle which is further then their right of Inheritance reacheth . Q. Eliz her Lease of the Manor of Gat. & Wick . made to W. Reddel , & others in trust for the Mayor & Burgesses of Newcastle for the time being See Stat 7. Ed. 6. 10. * The copy concerning the Sta. of Mo●t● . wh●ther the Lease be good or not . 15. Ric. 2 , 5. See this Act at the Rolls , whether there be such a penalty or not ? because the same is a private Act 100. shillings for every Ship or Vessel . All Felons goods granted . Halam a Rebel they took in the 29. year of K. Hen. 8 he sided with Sir Th. Moor to maintain the Popish Religion , this was here great service . The Queen & her Heirs , and Successors are to have their Clark of Recognizances . The Mayor to have a Seal . See chap. 46. A The Town of Newcastle discharged of Toles , &c. Profits of Toles of Markets and Fares in Newcastle and liberties to be levied for the use of the Mayor . They may take but pay no ●oles . * See 3 Ed. 1. 20. Chap. 29. 48 , 49. Merchant Strangers selling and buying of merchandizes at Newcastle . * See. Sta. Rich. 2. 7. 14 Rich. 2. 9. 5. 6. Edw. 6. 9. See cha . 51. A. * See ch . 49. D cha . 51. A. A general confirmation of all liberties , &c. * See St. 30. Ed. 1 A discharge of all former actions to bee brought against them by Writ of Quo Warranto . It doth not clear since . Burgesses to be admitted by the Mayor and Burgesses . A new Free Grammer-School to be erected and called by the name of Qu. Eliz. her Free Grammer School . * See Sta. 21. Jacobi cap. 3. Mayor and Burgesses Petition , having been an antient Fraternity commonly called Hoast-men , for the discharging and better disposing of Sea-Coals , &c. that they may be incorporated in one Body . The Queen ordaineth them so to be , names 45 to be the Guild or Body corporate . This is called a Monopoly , in the Stat. of the 21. K. Jam. c 3. Enables them to become purchasers in perpetuity . * See Stat 15. Rich. 2. 5. 7. Ed. 1. To make a Seal and break it at pleasure . See chap. 46 A To have a Governor . Power to make Laws in their Guild , as be pure , wholesome , good , and profitable for the good Government of the said Company . * See 19 Hen. 7. 7 ‖ See Stat. 25. Ed. 1. 5. To impose penalties by fine or imprisonment upon the Offendor . * See 28 Edw. 3. 3. And to have al fines for the Companys use . See cha . 43. D. Such Laws to be observed , if they be not repugnant to the known Laws of England . See St. 19. Hen. 7 7. They to have all the loading or reloading of coals ▪ &c. in that Port , in any part of the Port notwithstanding the Statute of the 21. Hen. 8. c. 18. See Sta. 21 , Ja. 3. a monopoly . It is conceived this Charter could not repeal that Statute . See Chapters 19 , 24 , 25 , 26 , 28 , 34. ( A. B ) 35 ( A. B ) See Sta. 23. Hen. 85. ☜ These Articles are all void , notwithstanding it is all the power they can claim . It is conceived this Lease i● void both by Law , &c. * Oppression . * Mr. Fuller . * Andronicus or the unfort●●nate Polititio●● ▪ If all Masters should be thus tyed to buy all things of them , judge of the consequence . * It could do no harm to the River , other than endanger the choaking of the fish . ‖ Yet the 10 l. did not cleanse the river thereof . * 1 Tim. 6. 10. * Coal-Ingrossers . * It was time . Notes for div A42371-e28150 This wil break the n●ck of all Charters in England , that be unjust , &c. * This is the Grant of is per Ch●ldr●n , that they make the Nation pay , &c. Notes for div A42371-e34820 It would not be amiss for the honest Burgesses to protest against the dishonest , to the end , the innocent may not suffer for the ●●cent ; their Oath is not to uphold such act●●gs . ☞ ☜ ☜ Pag. 70 , 99 , 101 , 102 , 104 , 106 , 155 , 166. ☜ * Wh●ch now as the case stands the City is cheated in buying of Slats as well as Coals p. 45. 
A54689	----	The mistaken recompense, or, The great damage and very many mischiefs and inconveniences which will inevitably happen to the King and his people by the taking away of the King's præemption and pourveyance or compositions for them by Fabian Phillipps, Esquire. Philipps, Fabian, 1601-1690. 1664 Approx. 250 KB of XML-encoded text transcribed from 68 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A54689 Wing P2011 ESTC R36674 15869289 ocm 15869289 104653 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54689) Transcribed from: (Early English Books Online ; image set 104653) Images scanned from microfilm: (Early English books, 1641-1700 ; 1154:16) The mistaken recompense, or, The great damage and very many mischiefs and inconveniences which will inevitably happen to the King and his people by the taking away of the King's præemption and pourveyance or compositions for them by Fabian Phillipps, Esquire. Philipps, Fabian, 1601-1690. [24], 110 p. Printed by R. Hodgkinson, for the author, and are to be sold by Henry Brome ..., London : 1664. Imperfect: some pages faded with loss of print. Reproduction of original in the Cambridge University Library. Includes bibliographical references. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Prerogative, Royal -- England -- History -- 17th century. Great Britain -- Kings and rulers. 2004-07 TCP Assigned for keying and markup 2004-09 SPi Global Keyed and coded from ProQuest page images 2004-10 John Latta Sampled and proofread 2004-10 John Latta Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion THE Mistaken Recompence ; OR The great Damage and very many Mischiefs and Inconveniences which will inevitably happen to the KING And His PEOPLE , By the taking away of the KING'S Praeemption and Pourveyance , or Compositions for them . By FABIAN PHILIPPS Esquire . — Sic maesta Senectus Praeteritiquè memor flebat metuensquè futuri Lucan . lib. 3 , LONDON , Printed by R. Hodgkinson for the Author , and are to be sold by Henry Brome at the Gun in Ivy-Lane , 1664. TO THE Old-fashioned and True-hearted Gentry , and others of the English Nation , and all who are wel-wishers to the Honour and Happiness of it . THe designe of these few sheets of paper in a second Justification of the Antiquity , Legality , Use , Right , Reason , and Necessity of the Kings Pourveyance , or Compositions for them , and a Demonstration of the many great Mischiefs and Inconveniences which will unavoydably happen both to the King and his People by the taking of them away , which was the endeavours of a larger Treatise , is not only to epitomize some part of what is therein already expressed , but to add many things which were before omitted , to the end that such as being imployed in the publique cares and concernments of the Nation , & have very little or no spare time at all to converse with books , or that those who do preferre the interests of their vanities or avarice before such better company , may with no great trouble or labour , read that which is more at large to be seen in the former Book : but to take off the Opinion and Objections lately made of some who would perswade themselves & others , that the Compositions for the Kings Prae-emption and Pourveyance either taken for the King , or served into his House in kind or money , or by allowances for them , were when they were paid or served , a great burden to the people , and none or very little profit to the King , by that time that the cozening of so many Officers and Servants in his Household , and their appetites of spoyl and rapine by their selling the Kings meat as well cooked and dressed as undressed , and of his bread , beer , and all manner of household provisions to the Inhabitants & Housekeepers in the parts adjacent were satisfyed , and other their purloyning and trimly varnished over pilfrings and disorders , which an unpaid Army , and the most unruly Camps of Souldiers or military men are not often guilty of ; and the tricks and artifices of the Pourveyors and Managers of the houshold provisions which in Queen Elizabeths time made a Kentish Yeoman pleasantly demand of her , being in her Progresse , when she was pleased to talk a little with him , and he perceived she was the Queen , If it were she that did eat up all his Poultry , which upon her second thoughts and examination , and proof made of the knavery of one of her Pourveyors , procured him shortly after a legal and wel-deserved hanging . That too many of his Majesties Servants employed in the Affairs of his Houshold Provisions ▪ are little better then Theeves in an yearly Pay or Pension , ravening Tartars , or neatly cozening Banyans ; and that the Jews , or the most nimble Cut-purses , Jugglers , or Hocus-pocusses do not , if any thing at all , much out-do them . But that being said and imagined only , and not ever likely to be admitted into the virge of Truth or Evidence , will for the most part be proved to be meer suggestions contrived and cast abroad by the insinuations of some who do seek to preserve their own , as they deem it happiness , and increase of fortunes , by the ruine and miseries of multitudes , or such as will take up reports , as many Gentlemen do Tradesmens deceitfull Wares upon trust , and will prove to be no otherwise then as the blind man in the Gospel did in believing men to be walking Trees , when that which made them seem to be that which they were not , was his own mistakings , and by those , and other ungrounded scandalls , do as much service to the King by it , as the devouring Ingrossers do usually do unto the People , when they take away the more honest gains of the Retailers , to create unto themselves a liberty of imposing what rates they please upon them , and may be easily enough convinced by a discreet and juditious examination of particulars , h●aring of parties accused , survey of the excellent Orders and Government of the Royall Houshold , ( which are so exact , and limiting every Officer to their Liveryes , or stinted proportions , as some antient and very able knowing Officers of the Houshold who do well deserve to be believed , have averred , and will be ready to assert that the Orders of the Kings House are so very watchfull , vigilant , and preventing of chea●s and cozenings , as without a● universal combination of all the Servants of the Kings House ▪ which is never likely to be accomplished it is impossible that there can be so much as a Loaf or Manchet cozened from the King ) and the daily care of the Lord Steward , White-staved Officers , and of the Green-cloth , although the yearly Salaries and Pensions be the same for the most part which were in the Reign of King Henry the Seaventh , when the Kings provisions were so near the th●n cheap Market rates and prices , as they had not so much as an aspect of grievance , when ten thousand pounds was a good Dowry for the Kings Daughter in marriage with the King of Scotland , ten pounds per annum a good Annuity for a Kinsman to an Earle , a penny was but reckoned to an Earle of Oxford by his Wardrobe keepers for a pair of Gloves for his own wearing , and the value of silver by the ounce was then but little more then half a Crown , and but creeping up towards three shillings four pence the ounce : and Nicholas West Bishop of Ely in the 23th year of the Reign of King Hen●y the Eighth ▪ keeping yearly one hundred Servants in his house , gave the Gentlemen and better sort of them but 53 s. 4 d. and to the inferiour sort but 40 s. per annum , and the next year after that the ounce of silver was brought up to 3 s. 4 d. a fat Ox was sold at London for six and twenty shillings , Beef and Pork for an half-penny a pound , and a half penny farthing a pound for Veal and Mutton , was by an Act of Parliament in that year understood to be a reasonable price , and with gain enough afforded ; and due consideration shall be had of the necessary differences which are to be observed betwixt the Pensions , allowances and expences of many of the Nobility and Gentry of the best extraction and houses of the Kingdome serving and attending in the Kings House : those that stand before Princes , and are to be clothed , as the holy Book of God hath told us , with Silk and soft Raiments ; and those that are none of these , but do serve and take wages in Houses and Families of private men ; and that the Majesty and Honour of a King in the Order and splendour of his House is not to be reduced to the pattern of private Housekeepers , and the narrow and unbeseeming Customes of their smaller Estates and Families . That the wast of honor and the more then ordinary Fragments left in the Kings House , as the remainders of the Dyet provided for him and his servants for the food and sustenance of the Poor , and such as will be glad of it , are but the requisites and appurtenances to the Majesty and Honor of a King , that Sir Richard Weston afterwards Earle of Portland , and Lord High Treasurer of England , Sir John Wo●stenholme Knight , Sir William P●t● , and others , commissioned by King James to make a Reiglement and Espa●gne in his house-keeping , being men of known and great experience in the management of their own Estates , could not then find any such things as have been since laid to the charge of the Kings Officers and Servants in his House , that the pretensions not long after of better husbandry in the Kings House by some niggardly contrivances , and serving some of the Tables with half a Goose instead of a whole , came to no more at the last then the obtaining of the pretenders self ends , and an Annuity of 500l . per annum for th● lives of the pretender & his wife , and the longer liver of them , that the Lord Chamberlain of the Kings Housholds yearly Fee of 100 l. the Treasurer of the Housholds yearly Fee of 123l . — 14s . and the Cofferers yearly Fee of 100l . measured and proportioned to the antient and former cheapness and means of livelihood , would have even then been very deficient for the support of such persons of Honor and Quality , if they had not had at the same time some seldome falling expectations of other favours and rewards from a Princely Master , and a present liberal allowance for their Tables , which although it doth now stand the King , by the enhance of his rates and prices , in a great deal more then it did formerly , yet unto those that received those allowances for their Tables and Dyet , it is no more then formerly : for if an estimate were taken how much it would cost the King to make and encrease the Salaries and wages of his Servants and Officers of all ranks and sorts , which in all the several Offices and Places , and Dependencies about the persons of the King and Queen are above one thousand , all or most of whom did when the Tables and Diets were allowed , intercommune , one with another , and were with many also of their Servants fed with the Kings Victuals , and Houshold Provisions , to be according unto the rates of wages & Salaries , and as much as they are now taken and given in private Families and all were to be paid in money , and nothing in dyet , the Kings Treasury , Purse , or Estate would soon be brought to understand , that such increased Allowances , or other Allowances , Pensions , Wages and Salaries , which must according to the rise and enhance of all manner of things conducing to the support and livelihood of such Servants be now necessarily paid and given over and above the antient Fees and Salaries , would arise and amount unto more then all the charge of the Pourveyance or Compositions for them , whether it were thirty and five thousand pounds a year , or fifty thousand pounds per annum , which was laid and charged upon the Counties , or more then the King is unjustly supposed to be deceived or cheated by his servants , or those which do direct the affairs of his Houshold ; when it cannot escape every private mans Judgement and experience in house-keeping that he that doth give his servants forty shillings per annum Salary , and as much more to be added unto it in certain Fees and Profits well known , and calculated to amount unto no more then another forty shillings per annum . doth give his servant but four pounds per annum in the totall , and is not at all cozened therein ; and that it would otherwise be no Honour to the King , but a diminution of Majesty , and a temptation or necessity enforced upon his servants to deceive him , if the Serjeant of the Ewrie and the Serjeant of the Bakehouse , to mention but a few of many , should have but their antient and bare Salaries of 11 l. — 8 s. — 1 d. per annum , and want their antiently allowed Avails and Perquisites . That such short and now far too little Wages and Salaries to be given to the Kings Servants in their several honourable and worshipfull Stations , would be unworthy for them to receive , and dishonorable for the King to give . And that the no inconsiderable summe of money which was yearly and usually saved by the venditions of the over-plus of the Pourveyance or Compositions for them , and imployed in the buying of Linnen and Utensils for the service of the House ; the now yearly allowances for Diet to eight principall great Officers and to seaven of the next principall Officers , and what his Majesty payeth yearly to others for Board-wages , and what is enhanced and laid upon him by unreasonable rates and prices , now that his Officers are constrained to buy with ready money , and to pay a barbarous Interest and Brocage to provide it , compared with what he now spends in his private allowances for his own and the Queens Diet , and some other few yet allowed Tables , will make a most certain and lamentable demonstration , that the King and his Honor were gainers by the Pourveyance os Compositions for them , and very great loosers by the taking of them away . And that he did meet with a very ill Bargain by the Exchange of his Pourveyance or Compositions for them , for a supposed recompence of Fifty thousand pounds per annum intended him out of the Moiety of the Excise of Ale , Beer , Perry , &c. But if the abuses committed by the Servants and Officers of the King within the house were so great , or any thing at all , as is pretended ( for as to the Pourveyors , and those that act without dores , the Law hath sufficiently provided ) they may certainly be rectified and brought under a reformation , without the abolishing or totall taking away of the right use of them , or that which cannot be spared , or by any means be abandoned , but may be dealt with , as we do by our Wines , Victuals , or Apparel , which as necessaries of life are in their right use to be kept and reteyned , notwithstanding any misusage of them . Or if the Pourveyance or Compositions for them were so much diverted from the use intended by them , yet that will not be any reason for the quitting of them without a due exchange or recompence , for that if they were all of them , ( as is meerly fained or fanci●d ) mispent or misimployed yet those that do mispend them , and they that have the benefit of them ( not that I would be an Advocate to justifie the selling of the Kings meat or houshold provisions unto any in the Neighbourhood , or any accursed cheatings of the King , which I wish might be punished as Felony ) are neither Enemies or Strangers to the Nation , but the Kings Subjects and Servants , and the Children , Friends and Kinred of many of those which do contribute towards the Pourveyance or Compositions for them ; and that which is so misimployed , serves instead of some other largesses , allowances , or connivencies , which are usually in Kings Houses ; and whether well spent or mispent , being Oblations and Offerings of duty made by the People to their Sovereign , are not to be denyed or retrenched , no more then the misbehaviour of the Sons of Ely , with which the Almighty was so much offended , would have been any just cause of the Children of Israels forbearing to bring their Offerings . It being no Paradox , but certain enough that those seeming , but not reall grievances to the People , by the Kings Prae-emption and Pourveyance , or Compositions for them , have no other source or originall , then the rise and enhance of the Markets , and all Victualls and Provisions , by which all the selling and richer part of the People are ten to one more gainers by the Kings Pourveyance or Compositions for them then they can be loosers , and are better able to bear it ; and the poorer sort of the people were less grieved when it was not taken away , then they are now by the Excise of Ale , Beer , &c. which comes in the place or pretended recompence of it , that the Gentry and Landlords of the Lands in the Nation , who by heating of those Lands that were cold , drayning and drying of those that were wet and moist , watering of such as were dry and sandy , and planting of Wood and Fruit , have brought their lands to a greater increase and fertility , not yet come to its Acme or just height , then the former ages , and a thousand years knowledge or practise of our Forefathers , the Inhabitants of this Nation could before this last Age or Century wherein we are now ▪ ever reach or attain unto : and the Landlords of Houses , Innes , Taverns , Shops , or Stalls in London , who have now by the increase of Tradesmen rather then Trade raised their rents ten or twenty to one more then what they were One hundred years agoe , might in some measure or moderation have taken their advantages of the improvements of their Lands , Rents , Houses , and Shops , without such an overstretching their Rents , as the Tenants where they have no Leases , but at will or from year to year in some Counties of England should be enforced , as many have lately been to throw up and forsake their Bargains ; And that all or any of that over-high racking the Rents of Lands and Houses , or a supposed plenty of money , ( which in the time of the greatest enhance and rack of rents , rates , and prices which ever England did see or endure , is now so scarcely to be found , as the universality of the people do heavily complain of the want of it ) and the product or consequence of that evil in a like enhance of rates and prices by the Freeholders and Copyholders , who pay no rents , ( as Farmers do ) and by the Tenants of the King , Queen , Prince , or Bishops , & some of the hospitable and well minded Nobility and Gentry , the Tenants of the Church and Colledge Lands , and of Lands belonging to Cities , Corporations , Companies , and Hospitals , who have cheap and comfortable Estates and Bargains , and yet do all they can to imitate them , although they have no cause to do it , which would be much higher . If all the Copihold Estates in England and Wales were at as great a rack of rent as the Lands of the most of Farmers . If all the Privileges and Rights of Common Estovers and Turbary , Modus decimandi , and Exemption from the payment of Tythes and Tolls were abrogated . And if the King should keep the same rule and measure of high rating and racking of his Revenues certain or casuall , as many Landlords do ; Or make our East-India Merchants pay for their licence or priviledge of trading to the East-Indies , all others being excluded for one and twenty years , a share or proportion amounting in the whole very near a Million sterling money , as the Dutch have made their East-India Company to do , could not be the only proper or efficient causes of that long-strided and swift progresse , and increase of the rates and prices not only of victuals and all houshold provisions , but of all manner of commodities , apparel and necessaries either for use or ornament . So as we shall not conclude without premisses , or be thought to want a ground or foundation of an irrefragable truth , that Lucifer the great Merchant and furnisher of our sins and excess , and of the great and intollerable pride of all the degrees and ranks of men , women , children , and servants in the Nation , as far beyond the former ages as a Giant is to a Pigmee , or Pauls Steeple in London when it was highest , to the Pissing Conduit ( as they call it ) in Cheapside , and the avarice of the people to maintain it , together with the necessities attending their pride and vanities , have been no small part of the cause of it ; for otherwise it would have been some difficulty to find or give a reason why we should not in England , a Kingdome , untill our late times of confusion , of the greatest peace and plenty in Christendome , be able to afford victuals , and all manner of provisions for the belly and back as cheap as in France , where notwithstanding the heavy oppressions and burdens of the Paysants , who do fare hard , and are ill clad ; and by reason of the frugality of most of the Gentry , a Partridge may be bought for ●our pence , and a Gentleman and his horse at night be very well entertaind for four shillings : or as in Spain , where a Bando is yearly made by the Corrigidores of every City and Place ( which the Civil Law doth allow and direct , and our Laws of England do as to victuals also intend ) setting yearly the rates and prices not only of all victuals and houshold provisions for the belly , and of fruit and Apples , but of all Commodities , as Linnen and Woollen Cloth , Silk , Knives , Ha●s , &c. where notwithstanding their continuall Warres , and multitudes of heavy Taxes to mainteyn them , there is a cheapness of victuals , and such an absence of deceit , as a child , or the most ignorant way as to measure , weight , and prices , buy and not be deceived . Or as is in the same manner done at Rome , Naples , Florence , Milan , and most of the Principalities of Italy , not so freed from publick Burdens as our more happy England is at this present ; which neither would nor could be there ever submitted unto and obeyed as it is , if the pride and necessities , or avarice of the Landlords , and the pride of the Tenants ( which the Pragmatico's forbidding the pride and excess of apparel , do in Spain very much eradicate ) were not less then ours , and their frugalities more ; and such restrictions and reglements thereby made to be the more tolerable and contenting . And those that do like it more then they should , and shall be content to imploy their times in the pursuit of vanities , and means to mainteyn it , and forsaking the old and good wayes , and seeking gain , do sacrifice unto their nets , and burn incense unto their drags , may have that said unto them which the Apostle St. Paul did ●n another case to the Romans ; what fruit have the intollerable pride and excess of the Nation , and the high racking of Rents to mainteyn it , brought unto those that have taken pleasure in it . And they that have so much delighted in it , may now , if they please , or at one time or another , understand whether they will or no , that the overmuch raising and stretching of the rents of the Lands and houses in England , since an excessive pride and folly of the people is come to be so much in fashion amongst us , have been no gain to the Nobility and Gentry , but will be a great loss and damage unto them by that time that the wastfull and prodigall part of them have bought and furnished their Houshold provisions at the dear rates of their Tenants and others , of whom they do buy them , and their apparel and other the Merchandises of their follyes of the Citizens and Trades-men ; and not only therein bear the burthen of their own , but of the intollerable pride and gallantry of the Citizens , Tradesmen , Mechanicks , Artificers and their Wives and Children , and in all that they do buy of them , do contribute to the costly Pearl , Neck-laces , Diamond Lockets , and other Jewels , satten and cloth of silver Peticoats , plush Gowns , Embroderies , Gold-lace , Gorgets of threescore pounds a piece , and Lace of twenty or forty pounds a yard , worn by the Merchants , Drapers , and Mercers Wives , and the Silk-Gowns , Hoods , Laces , and over-costly Apparel of the Mechanick and Artificers Wives in their desires and ambition to live like the Nobility and Gentry , when no man can tell they are any , or ought to be . That the enhance of all provisions of victuals brought to London out of the Countries , hath made the Country people pro●der then they should be , and the City Wares and Commodities dearer then otherwise they would be , and made the Citizens , in the pursuit of pride and luxury , run out of their wits and estates to purchase it . That it was better in former times for the Artificers and Day-labourers , whose more moderate expences in their ●●veral conditions and qualities made them heretof●re with a fourth or fifth part of what they do now earn , greater gainers by their labours then now they are , and better for servants , whose far lesser wages then now , they will be contented with , did amount unto more , or as much as they do now gain , by reason of their former smaller expences in clothes and apparel . The Tenants and farmers lived better when they plowed their Landlords lands , mowed , reaped , and helped in with their Harvests carried home their wood , and paid small rents , then they have or can do now that they are strained to the highest , those labours and services coming far short ( if they were at the now rates to be hired or paid for ) of the addition , which time and change of manners and customes have since made to their antient and unimproved rents . That the people of England , if there had been no other ground or reason for it , might well have afforded to have given the King so much as they were yearly charged with the Pourveyance or Compositions for them for an acquital of more then twenty years arrears of it by the Act of Oblivion . That if an estimate could be made of those Millions or summes of money sterling , which the en●hanced prices and rates of victuals and houshold provisions did amount unto yearly since the 24th year of the reign of King Henry the Eighth , and what the rise of victuals and houshold provisions have come unto yearly since the Pourveyance and Compositions for them were laid down , and what it may more be stretched unto , if pride and price , not like Castor and Pollux , to bring our Ship into the Port , but to ruine it , should go on in that carreer it is now in , and private and particular interests more mighty and prevalent then all those imaginary monsters which Hercules is sa●● to have subdued , and of a greater force then that Devil and his heard called Legion , which our blessed Saviour did dislodge out of the man possessed with them , shall be ayders and abetters of it . There is no man that hath not bid defiance to his reason and understanding , but will acknowledge that the people of England had better give ten times or more the yearly rate or value of the Pourveyancees or Compositions for them then endure the Impositions , which they have , or shall put one upon another whilest every man will seek to save himself and make his labour or commodity afford him as much as he can to recompence him for it . That the unreasonable rates and prices put upon all the Kings occasions or services by Land and Sea , are and will be the cause of Taxations and Assessements in times of peace three to one more then formerly . And the Levies of monies to hire Souldiers , and raise and maintain mercinary Armies , will amount unto and charge the Publick ten or twenty to one or more than when by the help and ready ayds of Tenures in Capite and by Knight service our gallant and well-armed Nobility and Gentry could upon any occasions of warre or distress either at home or abroad be sodainly summoned and made to appear from Ireland as well as from all parts of England and Wales . And so readily as King William Rufus sitting at dinner in Westminster Hall , and hearing that Mayne a Town in Normandy was much distressed by a sodain Siege laid unto it by the French King , and resolving in the greatness of his mind not to turn his back towards it untill he had relieved it , could cause the wall to be broken down on the South side , and passing towards the sea coast , command his Nobility and Knights speedily to follow him . That the unparrallel'd pride of almost all rancks and degrees of the people not permitted in France , Spain and other Neighbour Nations brings our Forreign Trade almost to nothing by the adulterating of our Commodities , and making them false and slight , and causing the charges to be much more then formerly in the work and making of them , pay of our Mariners and greater rates of victualling , so as we being not able to make our manufactures so cheap as other Nations , and making them slight and false , our Trade must of necessity more and more decay , and will never increase or be advanced , if the Dutch were banished out of the world , or ordered to trade only in the Bottom of the sea , and leave all the Surface or Top unto us ; the cheap diet and clothing of their Common people , the neat and frugall diet , and the apparel of the Burgers , and those that they call the Gentry , giving them the advantage of under-selling us . For we may be sure that there will never be cheapness of victualls , or houshold provisions , or good trading , and truly called plentifull living , if Citizens Wives , and some of no higher a rank then Sc●iveners , shall have their Trains born up at Funeralls , as if they were Countesses , or Baronesses , and give the world to understand by that Nove●int universi , that pride hath made them run out of their wits , and may in a short time , after that rate make their Husbands run out of their Estates . And if Taylors Wives may , as they are not now ashamed to do , wear Pearl Neck-laces of 100 or 120l . price , and some of the greater sort of that now too overbusied Profession , keep their Coaches , and make their Customers pay for it . A Linnen Draper being to buy an Horse for his own use must have one at no lesse a price then forty pounds : the Wife of a Sales-man , or one that sells Petticoats , Wastcoats , or Gowns , trimd , and made up in a seeming cheap , but a most deceitfull manner , for Servants , or people of ordinary quality , can wear a Neck-lace of forty pounds price : And some Shoemakers Wives do not think their Husbands do go to the Devil fast enough , if they do not so abuse the more honest intentions of their Trade , as to make their Wives learn to hold up their heads to shew their Pearl Neck-laces of forty or fifty pounds price , which is many times more then all the shoes in some of their Husband Shops are worth : Every Cook , every Alehousekeeper , and the lowest and meanest sort of Mechanicke and Handicrafts men , and their Wives , shall be permitted to vie in 〈◊〉 Apparel , and manner of living with the Nobility and Gentry : A Frock-porters little Daughter shall go with her breasts and shoulders naked , white shoes , Coif and Pinner well laced , and all to be ribboned : and a Day-labourers Wife in the Country , within the infectious breath of the pride of London , wear her Taffata Hoods Gold and Silver-lace , and a Gorget not much below the yearly rent of the little Tenement her Husband is at night glad to rest his weary and durtied limbs in : and that there will be never any hope or possibility of any thin● ▪ but high rates and prices , vices and villanies , when th●● do so hugely ●ise and ●ncrease by reason of the pride of the Nation , as the Keeper of the Bo●●om●●ss pit , and its everlasting burnings , may well rejoyce in the plentifull coming in of his Harvest and Merchandise ; and that if there were nothing of wickedness to be found in the heart of mankind , that most fertill Seminary and seed-plot of it , and no other cause for it , the only excessive pride of the Nation would by a necessity of providing maintenance for it , be a cause efficient and impulsive to make or foment all manner of wickedness , fraud , cheating and cozenidg , drive the Wives and Husbands to betray one another , Servants their Masters , Children their Parents , Parents their Children , and Brothers and Sisters to forego all naturall affection , care and honesty one towards another . That it is , and will be impossible by any Trade or Industry to mainteyn this Nation in either peace or plenty , when all the men in it shall in their Apparel , Dyet and Expences make it their business to live as the Nobility and Gentry do & most of the female Sex ( Servants not excepted ) shall not be contented themselves , or let their Husbands live in any quiet , unless they may live like Ladies and Gentlewomen , and be the Daughters of vanity and folly . That at Paphus and Ciprus the old and antient Countries of venery as well as vanity , where their Daughters do , ( as some Authors have written , and Travellers do report ) entertain strangers by prostitution of their bodies , to get Dowries or Portions for some mad Husbands to marry them . And in all the Luxuries and pride of Rome , Asia , Tire and Sidon , and all other the destroyed and ruined Nations by it , there were some distinctions in Apparel , Dyet , and Expences ; some Servants distinguished by their Habit , and not all Masters or Mistresses to be found amongst them . And that England being overchaged with a Generation of too many Proud , Lazi● , and Lavish People , is not ▪ nor ever will be able to maintain them without a sinfull necessity put upon the Nation , as there is too much already , to cheat and oppress one another to support them in it . And should have more reason to believe then to doubt , that the honor of a Prince is the honor of a People , and the people so much concerned in it , that it was wont to be a cura curarum , one of the greatest cares of the Magistrates under Kings and Soveraign Princes seculis retroactis in the old and long ago past ages of the word attested by the hoary heads of time & antiquity practised by a Jus Gentium , universal Law of Nations , rude and untaught Indians not excepted , and continued to this day in many forreign parts , and most of the Western Nations , to give an especiall honor by gifts , enterteynments , and presents to Embassdours , who in those particular employments were but the images and representations of foreign Princes sent on Embasses unto theirs : And that we ought to take it to be a duty incumbent upon us not to want , or be to seek for as much goodness as the old Heathen Persians were Masters of when Artabanus told Themistocles the Graecian Embassadour that apud nos ea Lex praestantissima qua● venerati Regem tanquàm Dei effigiem jubet , with us ▪ that Law which commandeth reverence to the King as Gods Image , is accompted to be the most excellent . And therefore untill the wisdome of our Parliaments shall by some sumptuary Laws to be enacted , which may as easily be done , and put in execution , without any damage or loss unto Trade , or his Majesties Customes , a● those that were made and enacted in the Reigns of King Edward the Third , Henry the Eighth , and Queen Mary , unhappily repeald by King James , or those not long ago made and kept alive by our Neighbours of France and Spain , or lately ordained by the sage Venetians : Or by the Swedes , those strangers to the Sun , and Inmates of Snow and Ice , after they were grown rich and proud by the spoil and plunder of the unfortunate Germany , and a way may be found out to drive back , and reduce unto some Order , as formerly the unchristian liberty of pride now in fashion amongst us , which is so horrid and ridiculous as might turn the weeping and laughing Philosophers out of their humours , and make Heraclitus laugh , and Democritus weep ; together with the daily more and more growing and encreaeasing high rates of victuals and houshold provisions , which is , and will be the sad consequence of it . And is so fixt & pertinacious , as that the Kings own example of plain and uncostly Apparel , the care of the Church and Pulpits , the scourging & detestation of vice appearing in some of our Plays and Interludes , and the jeers and scoffs of some people as they meet with it in the streets , have not yet been able to bring or perswade too many of them into their wits again , the compass of their estates , and sobriety of their forefathers . We may wish and pray that all the Common people were in the moderation of their Apparel , Quakers , as they are called ; that all our Market-folk , Tradesmen , Artificers , and Servants , as to the justness of their dealings , and buying and selling , were Quakers , and that it may not be our sad , and never enough to be lamented experience ; that as Doctor Peter Heylin well observed , the afflictions of the Church of England in the Martirdomes and Persecutions of the Protestants in the Reign of Queen Mary , and the restoring afterward of many Godly Divines that fle● from it , brought 〈…〉 the Genevian Schismes and Discipline 〈…〉 since almost undone and 〈…〉 which were heretofore purp●s●ly ●own and cherished to enervate and destroy ●ona●chy joyned with th●●ll Manners and Customes of some Neighbour Nations , may not likewise by some that might be better Englishmen , and his Majesties better subjects ▪ be more then should be endeavoured to be planted amongst us which being abundantly and sufficiently tri●d to be evill , did never , nor will ever attain unto the reason , right use goodness and perfection of our good old English Customes , amongst which is , and ought to be more especially ranked the honor and support of the Royall Court of England , Majesty , and honor of our King and Soveraign : Which the Romans , who would not endure any Common-wealth , Competitors , nor think themselves to be in any condition of safety untill they had ruined and destroyed Carthage , and those Commonwealths of Achaia , Athens , and Sparta , were so unwilling in the height of their glory , their Senate , Magistrates & Republick should want , as the Comminalty of Rome did in a popular Election , deny to make Elius Tubero , a most upright and just man , the Nephew of L. Paulus , and Sisters Sonne of the great and famous Scipio Africanus , to be a Prat●r or Lord Chief Justice , for that he being imployed by Fabius Maximus publicquely to feast or entertain in the name and at the charge of the people of Rome , his Uncle Scipio Africanus in the preparing and making ready the Triclinia , or Tables lectulos punicanos pellibus ●aedinis straverat , had covered the Carthaginian Beds whereon the Guests were to sit or lye , with Goat-skins ; & pro Argenteis vasis samia exposuerat , and instead of silver Vessels made use of Earthen ; which due observance of a Heathen Republique , being under no obligation of any Divine Praecepts or Examples to honour their Governours or Assembly of wise men , may teach us that are Christians how very necessary it will be to take more care of the Honour of our Prince , then of any our own estimations or honors , which for a great part of them are , or have been derived from him or his most noble Ancestors : and by so much the more for that the honor to be done unto him is every where to be found commanded , directed , exampled , and encouraged in and by those sacred Registers , the holy Scriptures , which are to conduct us through the Red Sea of the miseries and troubles of this life to that of a blessed and everlastingly happy in the heavenly Jerusalem , in the way whereunto will be no small helpers and assistants , the rendring to Caesar all his dues and rights , who is the protector of ours , a more exact and carefull observance of Religion , Laws of nature and Nations , right , reason , our Oathes of Allegiance and Supremacy , and the love and honour of our King and Country , the n●w almost forsaken virtues of our Ancestors , and the good old Customes of England , which should not like some rustie pieces of old neglected Arms be hung up in our Halls , and now and then only talked of ; or like as if they were some race of Wolves come again to inf●st us , or our profits , be hunted and persecuted , but recalled , revived , and practised ; In which , as a fidus Achat●s , shall never be wanting the wel-wishes and endeavors of FABIAN PHILIPPS . BY the Laws and Custome of England as well as of other Nations where Monarchy , or the right way and order of Government hath any thing to do , the King hath a Controll of Markets , may regulate & order the price & rates of victuals & houshold provisions , and hinder it from being excessive : As likewise may the Lords of Manors in their Leets , the Sheriffs in their Tournes , the Justices of the Kings Bench , Justices of Peace , and Justices of Assize at the Quarter-Sessions and Assizes by an authority derived from him . Which when it was better observed then now , made the Market Rates about the fourth year of the Reign of Queen Elizabeth to be , if any thing at all , but little different from her price , or those Compositions for her houshold Provisions , which by agreement made by the Justices of Peace of the severall Counties , with the Offficers of her house were to be furnished according as the Counties were more or less distant from London , the place of her Residence , and the profits which they received thereby in the improvement of their Lands , and selling their Commodities at greater rates unto others . And was the cause , besides the duty and obligation of it , that the Kings Praeemption which should not be denyed , as long as civility and good manners , and the Fifth Commandement shall continue or be in use amongst us . And the Royall Pourveyance , ( warranted by the Lawes of God , Nature , and Nations , aswell as by the Civil Law , the universal and refined reason of the civilized part of the world , and the Common Law of this Nation : ) having dwelt here amongst us above the age of Methusaelah : and as Retributions and Gratitudes in signe of subjection , paid and allowed in other Nations by the Heathen and Savages as well as Christians , were not in the right use of them , untill our late Times of Rebellion and Confusion taken to be either a grievance or burden unto the people . For that which ( besides the designes of the Levelling Party , and such as were the professed Enemies of Monarchy and Majesty , and the ill Impressions which they have cast into the minds of such who have too much believed them , ) hath made them to seem that which they are not . Hath been the Rack and Enhaunce of the Rents of Lands by the Nobility , Gentry , and Landlords . The increase of Servants and Labourers wages , and the high rates imposed by Tenants and Farmers upon victuals and houshold Provisions which ( if it were not for the pursuit of pride and vanity , and the peoples racking of one another to maintain it , ) might be afforded cheaper then it was in the 4 th year of the Reign of Queen Elizabeth . And as they are now raised to immoderate rates and prices do make a Desert in our Land of Canaan , and a generall Enhaunce of all things in the midst of a plenty ; wherein every one is sure to be a gainer or saver , but the King. Who by the loss of his Praeemption and Pourveyance is made to be the only Sufferer , and as to the Market rates in a worse condition then any Lord of a Manor or Clark of the Market . To his damage , besides the Loss of hono● in his house , and many other inconveniencies of more then one hundred thousand pounds per annum . Which may appear by a true and exact Calculation or Estimate following . In 35 o. Eliz. the difference between the Market and the Queens Rates in the Composition made for the Pourveyance , ( the Spices , and Grocery-ware , excepted which doth now yearly cost the King three thousand pounds per annum ) was but Twenty five thousand , Twelve pounds four shillings eight p●nce . When the price of the Oxen as they a●e now bought , is three to one , more than they were then , of the Lambs eleaven to one , Fat Sheep four to one , Chickens eleaven to one , Wheat five to one . In Yorkshire and some other remote Countreys , the price of the Oxen near four to one , and in Suffolk , and other Southern Countries , course Butter then at something less then two pence half-penny a pound , now six pence a pound . Which difference betwixt the Kings price and the Market price but according to three to one , will after the Rate of Twenty five thousand pounds per annum , multiplyed three times over ; Amount unto one hundred thousand pounds per annum , and make the Kings loss to be as much , and the Counties ( especially many of them which are neer adjacent to London ) so much and a great deal more , the gainers by selling to their fellow-Subjects after those more then formerly enhaunced Rates . And what wanted in those Provisions or Compositions served in by the Counties ( for that did not reach to the defraying of all the Charges in the house , ) as to Dyet , and Servants Wages , and the buying of some Utensils and necessary Houshold-stuffe to be used in the affairs of the Houshold . Being supplyed by some yearly Assignations and Additions out of the Royal Revenue , and some of them by several Acts of Parliament : And King Charles the Martyr , after a putting down of more then a third part of the Tables and Dyets in the Royal houshold , as they were in the Reign of King James his Father , and putting many of the servants unto Board-wages , with some short and prejudicial allowances for their Dyets ( ●hich lessened his charge as to the Dyets , as much as Thirty thousand pounds per annum , and was the cause of as much losse to the servants ) making his Assignation , together with what the Compositions for the Pourveyance , did then amount unto ( which in the difference betwixt the Kings price and Market rates , at that time was estimated to be less then fifty thousand pounds per annum , ) to be one hundred and twenty thousand pounds for the defraying of the charges of his House-keeping . In which yearly charge of the Houshold , the King allowing seventy thousand pounds per annum towards it . And the benefits by the compositions for the pourveyance , as to what the Countries paid , ( and as to what the King saved by it , ) being reckoned but at Fifty thousand pounds per annum , which is much too low . There will by the taking away of the Prae-emption and Pourveyance , or Compositions for them be not only that Fifty thousand pounds per annum , in damage and loss to the King , but a great Addition of losses , and damage , as followeth , viz. For the Carriages now , that the price is raised two in three and more then formerly incumbred . per ann . - 3000 l. — 0 s. — 0 d. And when there shall be Progresses , will at the least amount unto two thousand pound per ann . more - 2000 l. — 0 s. — 0 d. The Venditions , which were the over-plus , and what was not spent or used of the Provisions of the Countyes ; with the profit of Hydes , and Tallow , &c. & were usually sold towards the furnishing of other occasions of the house ; as for buying of Linnen , and other Necessaryes and Utensils thereof per ann . — 12000 l. -0 s. -0 d. The profit and benefit of lean Cattle , served in at small prizes , and heretofore Fatted in the Kings Pastures at Creslow in Buckinghamshire ; the Rent deducted . per ann . — 1000 l. -0 s. -0 d. And was wont besides to furnish for the Stables as much Hay as was worth . per ann . — 300 l. — 0 s. -0 d. And as many fatt Cattle sold as yearly yielded . — 1000 l. -0 s. -0 d. The Kings Pastures and Fatting grounds at Tottenham-Court in Middlesex , and Sayes-Court in Deptford in Kent , yielding for the aforesaid uses more then the now Rent which is reserved upon them . per ann . — 500 l. — 0 s. -0 d. Allowances in satisfaction of Diet now made unto eight great Officers or principal Men of the houshold for their Tables and Diet after the rate of four pounds per diem . being 1560 l. to every one of them , and the Moyety or one half thereof reckoned at 730 l. and multiplyed by eight , amounting unto per annum . — 5800 l. — 0 s. — 0 d. Allowances made unto 7 next principal Officers of the house in recompence of their Diet and Tables after the rate of 30 s. per diem to each of them being 547 l. 10 s. 0 d. and but the Moyety or one halfe thereof brought to accompt , which is — 273 l. 15 s. 0 d. and multiplyed by 7. amounts unto per annum . — 1915 l. — 5 s. — 0 d. ( Besides many other allowances unto divers others of the houshold who had formerly three dishes of meat allowed them every day in the year not here reckoned . ) For Board wages to many other Officers and Servants in the Royal Family , whose wages when there was Diet in the Court to suffice all the Servants of it ▪ and reteyners unto it ; will fall farre short of what they will have a necessity aswell as reason to demand . per annum . — 6000 l. — 0 s. — 0 d. The Compositions of the Brewers of London and the adjacent Villages , in lieu of a groat for every quarter of Malt which they brewed , which was formerly paid , and is now remitted by reason of the Excise . per annum . — 3500 l. — 0 s. — 0 d. The Excise which the King pays for his own Beer per ann . — 300 l. — 0 s. — 0 d. The 2 d. a piece every day to as many poor people at the Gate , now given more then formerly , by reason of the fragments of the Tables , put down , and other Charities heretofore allowed them taken away per annum . — 140 l. — 0 s. — 0 d. The future and continual enhance of prices assisted by that accursed way of poundage of Twelve pence in every pound for all that he buyes or payes for ; which he will be sure to pay for at the last , though others are constrained to abate and pay for it at the present . And his too often buying upon credit and paying for many things as much as an interest of 15 or 20 per cent . Which put together may in the usual & annual expences of his houshold instead of the 50000 l. ( if so much ) were contributed by the pourveyance , amount unto little less then a half more then formerly laid out in most parts of his provision , and a th●●d part in the residue , he being now enforced to purchase the victuals and food for Himself and his houshold , at a far greater rate then any of his Subjects . — 20000 l. — 0 s. — 0 d. Besides what may be added , for the tricks & pilferings of inferiour Servants of the houshold , and their taking indirect courses , and advantages to make up , or recruit their Losses and the damage which the King may susteyn by having such his servants Metamorphosed and turned into hunger-starved Ratts , which will be nibling and gnawing at every thing which they can come at ; and may be catched , but are not to be destroyed by drowning or poisoning . And the loss and diminution of the Honour of the King in his Royal Houshold , which is , and ought to be inestimable , and as much beyond a valuation . As the Honor of a Sovereign Prince , is , and ought to be above , and beyond that of the vulgar , or any private person , Which may bring us to this conclusion That although Fifty thousand pounds per annum were in the granting of a Moyety of the Excise to the King , his Heirs or Successors intended to be allowed for the Pourveyance or Compositions for them which did cost the Kingdome yearly , and Communibus Annis , but Twenty five thousand and twelve pounds , or thereabout , in the 35 year of the Reign of Queen Elizabeth ; and in the third year of the Reign of King James not much above Forty thousand pounds per annum ; and in the Reign of King Charles the Martyr , at the most but fifty thousand pounds per annum ; 〈◊〉 whether more or less , is not to be found in the Receipt or yearly Income of that Revenue of the moyty of the Excise . For that the totall of the clear yearly profit of the moyety of the Excise , allowed unto the King for the Exchange of his Tenures in Capite , and by Knights service , and the Pourveyance or Compositions for them , doth not amount unto ( the charges of the Collection deducted ) above One hundred and twenty thousand pounds per annum . Is likely to be lesse by reason of an universall poverty of those which should pay it , making a large accompt of many desperate Arrears , and of the Farmers in many places letting it three or four times over to others under them , and so very much racking and oppressing of the people ; ( if but half of what is complained of be true ) as many private Families do to avoid the gripes of the Excise-men , and the knavery of the Common Brewers , set up Brewhouses for their own occasions . And will be too little for the exchange or purchase only of such a principall flower and support of the Crown , and an eminent part of the Royall Prerogative , as the Tenures in Capite and Knight-service are , which in yearly revenue yielded him above One hundred thousand pounds per annum . And for that the Power , Might , and Majesty of a King being unvaluable , is not to be ballanced by any thing which is not as much . So as the damages and losses susteyned by the want of the Pourveyance or Compositions for them , besides what shall be paid more then formerly for the charges of the Stable , impressing of Workmen for the Kings occasions by the Master● of the Works , the King now paying every Workman eighteen pence , or two shillings per diem , when it was before but twelve pence , and the charges more then formerly in the Pourveyance for the Navy , Ship-Timber , Ammunition , and carriage thereof , &c. and many other losses not here enumerated , will be no less then the sum of One hundred seven thousand and fifteen pounds five shillings . And a too certain Totall of that which is here valued and brought to accompt , besides the unvaluable honour and power of the King , loss and ruine of his Servants , and what indirect courses may intice them unto . Which needs not be doubted , when as by an exact and carefull accompt given unto the Lords in Parliament , in or about the third year of the Reign of King James by Sir Robert Banister Knight , then one of the Officers of his Houshold , of what was yearly saved to the King by the Compositions for the Pourveyance over and above the yearly value of what it cost the Countries ( when the rates were both in the Country and City of London not by a third part , and in many things a half and more , so much heightned as now they are ; and a project of purchasing the Pourveyance from the Crown for Fifty thousand pounds per annum was in agitation ) there appeared to have been yearly saved ▪ by the Compositions and Commissions for Pourveyance the sum of Thirty four thousand eight hundred forty six pounds ▪ ten shillings and six pence ; and in the Office for the Stable Two thousand six hundred ninety and eight pounds ; which made a Totall of Thirty seven thousand five hundred forty and four pounds ten shillings and six pence ; and probably might be the reason that that unhappily after accomplished designe did then vanish into nothing . 1. Nor will the yearly damage & losses of the people in the totall arrive unto a lesse , when they shall finde the moyety of the Excise not amounting to One hundred and thirty thousand pounds per annum in the utmost extent and income of it , without deductions or defalcations to the Officers imployed by his Majesty therein to be doubled and made as much again upon them by the fraud and oppression of the Brewers , little malt put into their Beer , and ill boyling of it , and lesser measures sold by the Inkeepers and Alehouse-keepers : And yet the Brewers being paid the Excise of Beer and Ale by the housekeepers and Retailers , as much as they do pay to the King , and a great deal more , by reason of the Excise of three Barrels of Beer , and two of Ale in every twenty , allowed them will not think it enough to cozen and abuse the people whose good and evil , and profit and loss is included in that of the Kings , unless they do also by false Gaugings concealed Brewings , and other ill Artifices , use all the wayes and means which they can , to make themselves great gainers by deceiving the King as well as the people , and will like too many of their fellow Citizens , the great Tax-Improvers and Advantage-catchers of the Kingdom , be sure to be as little loosers by it as the Fox would , if a monthly Assessement should be set upon him for his subterranean Boroughes and dark Labirinths ; or the griping Usurer , the biting Broker , and the knavish Informer would be if an yearly Imposition or Tax should be layd upon their ungodly and oppressive gains and Imployments . 2. Neither will the peoples loss & damage be lessened when there shall be a scarcity of Food & Provisions at the Markets in regard that the Kings Officers and Pourveyors for his Houshold shall now be constrained to buy his Houshold provisions in great quantities at the Markets or Shops in London , or in the Counties adjacent , which were wont to be served in kind by the several Counties of the Kingdome . 3. And there shall be an enhaunce of prices and Market-races , which since the acquittall or laying down of the Pourveyance or Compositions for it , are already about London and Westminster found to be at the least two pence in a shilling more then it was before ; which being a sixth part , will when it shall be raised and made to be an ordinary rate through the adjacent Counties to London and Westminster make no inconsiderable burden or charge to the Inhabitants , and a greater , if either all or some part of that more th●n formerly raised price , shall by necessity or imitation , and the vast and excessive pride of most sorts of people , diffuse and spread it self into all other parts of the Kingdome , and a great deal more if those insana praetia , unreasonable rates , shall , as they are most likely , by the high rack of the Rents of Lands , Servants , and Laborers wages , and all manner of Commodities which are sold , either for the Belly or the Back , or for necessity or pleasure , creep and climb higher and higher , untill pride and excess shall have made our heretofore more prudent and frugall England , by too many of her Natives want of money , for want of wit , to be a Bankrupt . Which may well be suspected , when as experience , the Mistress of Fools , but the guide and direction of wiser people , hath assured us that the price extorted from the King will make the Nobility pay the dearer ; and the rates which their example will enforce or entice the Gentry to pay , will infect and prejudice the Marketings of the Common and buying part of the people ; as we have lately seen in the rates and prices of Horses ; not by reason of any exportation or sca●city , manage or fitness for warre , or extraordinary swiftness for running or races ; but by the careers of Prodigality , Humour , Affection , or Fancy of too many of the Nobility or Gentry , mounted from ten or twelve pounds price for a horse for a man of worship within thirty years last past , to the ordinary rate of 20 , 30 , 40 , or 50 l. and sometimes 100 l. which hath unnecessarily drawn some hundred thousand pounds sterling out of the purses of such who are but small friends to their own Estates , in bidding too much , and accustoming the Sellers to demand or insist upon such excessive and reasonless rates and prices . 4. And by the want of Progresses , when the King not having his Pourveyance or Compositions for them , and Carriages as formerly , sha●l not be so able as he should , to make our Pool of Bethesda itinerant , and visit the severall Parts of his Dominions , either for his recreation , or the better survey and inspection of the Government , and his peoples grievances , as King Alfred , King Edgar , and King Henry the first , and all their Successors , his Majesties Royall Progenitors were wont to do , whereby to diffuse their comforts and graces , with which many a Family , and many a Town and Corporation have been blessed and bettered ; and otherwise would not have had an opportunity to obteyn them . 5. When there shall be necessities and poverty put upon some hundreds of Families , which were either his Majesties Servants , or in relation unto them ; and upon many an Housekeeper in Westminster , and the Neighbourhood of the Kings Residence , who have had a great part of their subsistence by the influence of it . 6. And the Peoples damage and losses shall likewise be heightned and increased by the many cravings and projects which the wanting or necessitous part of the Kings Court may trouble both him and his people withall . 7. Or by the casting the King into importunate and irresistable necessities ; and forcing the Lyon to hunt and range the Fields and Forrests , and prejudice the people more then otherwise he would in the quest and pursuit of what is but his own ; or to couch and lye down in his den , and resolve to lay his paw upon what are his own rights , and be less liberall in his favours . 8. Or by denying him what is his own , be , for want of a lesser summe of money for defraying of necessaries , a cause of raising Subsidies , or Taxes , which cannot be so equally or justly charged , as to even , and make them to be no more then the summe of money demanded , and to be furnished . 9. And by compassing and encircling their Sovereign with wants and pressures more then would otherwise be , if he had either his own , or a sufficient supply , make themselves the efficient causes of what they compleyn of ; and by being stubborn , stiffneck'd , unquiet , and disobedient , instead of duty and retributions to a gracious King for the daily blessing of peace , plenty , protection , pardons , and multitudes of favours , gifts , and grants , out-do the ungratefull Israelites in murmuring with Quails in our Mouths ; not in the Deserts of Arabia ; but a more plentifull Land then that which was said to flow with milk and honey . And a cause also of increasing their own Taxes which are more many times the impositions by themselves upon themselves then impositions of their King , and rendring themselves thereby as much guilty of folly , as they that will not be diswaded from planting and sowing Weeds and Tares and will notwithstanding come weeping home from their expected better harvest , for that their Carts are not pressed down with sheaves of Corne and Wheat , and their labour was but to fool themselves . All which and many more inconveniences losses and damages to the people by the Kings want of the Royall Pourveyance or Compositions for them , which was the smallest and least chargeable part of an yearly thankfulness and oblation which ever was given to a King by a people , would neither happen nor needs to be at all . If they would but remember the days of old , the kindness of the King and his Royall Progenitors , and the chearfully heretofore paid Duties and retributions of their forefathers , and take it for some of their happiness that they are not by God Almighties displeasure for their unthankfulness put in minde of their former miseries by any new adversities , or made to keep an yearly Passeover with bitter Herbs , And now that the Royal Revenue hath been so much impaired by a continual bounty unto many of themselves or their Ancestors and their supplyes of it doe fall very short of what was expected or intended , and the Fifty thousand pounds per Annum intended as a Recompence for the Pourveyance or Compositions for them proves to be not only not a recompence sufficient but a meer nullity , and if it had come up as high as it was supposed appears to be but a damage and a Canker or Gangreen eating up or taking away too much of the rest of the Kings Revenue . Be sorry that it is so , and make haste to returne again those little oblations unto their King , when London , and 12. or more adjacent Counties unto it do yearly gain 20 times more by the Residence of himself and his Courts of Justice then they doe amount unto , and doe unto him in the easing of his burdens , as he and his Royal Progenitors have done unto them in any of the complained of burdens of them and their Forefathers , by many times laying to sleep some good Laws & Constitutions , which though at the making thereof they were most just and rationall , would now by the rise of silver two to one more then formerly , & the change of Times and Customes , be very prejudiciall and burdensome unto them . As King Henry the First did by no Law or Act of Parliament , but his own good will and promise , calculated only for that present Age or Reign ; but since observed by all his Successors , in the change of his rent provisions into Rents of money ; many of which being now and ever since paid in small quit-rents , made that part of the People very great gainers , and that King and his Heirs and Successors to be loosers more then Fifty thousand pounds per annum , or the greatest extent of the Nations yearly charge for the Royall Pourveyance , or Compositions for them did ever amount unto . And as the Asise of Bread , Bear and Ale in 51 H. tertii , which holds no proportion with the now Assize or rules for Bakers and Brewers , but very much differs from it , and exceeds it , was not for many ages past , and in some plentifull years in our memory kept , when Corn , Wheat and Malt did fall within the virge or direction of that Act of Parliament , or Ordinance rather of the King , without an Act of Parliament . Nor did hold those kind of Trades to the Assize made and appointed by King Henry the 7 th . nor by any Act of Parliament or otherwise , restrain the Shoemakers to the prices appointed by the Statute of 25 Ed. 3. ( repealed in the 5 th year of the Reign of Queen Elizabeth ) when there was an allowed transportation of Leather , and scarcely half so many Cattle bred in England , and brought from Ireland and Scotland ; nor any Leather at all imported from Russia , as it is now in great quantities , when they do now by their own and the Tanners knaveries , and enhaunces , take for a pair of shoes , which in the Reign of King Edward the 2 d. might be bought for the use of a good Knight or Gentleman , for a groat , and in Yorkshire for some of the best Gentry of that County in the Reign of Queen Elizabeth but for little more ; where also a pair of shoes for a Lady of a good Extraction and Quality , were in the begining of the Reign of King James sold for sixteen pence ; and a pair of shoes for a man in the memory of middle aged men were made and sold in London for two shillings six pence , and eight groats a pair , no less then four shillings eight pence at the lowest , and many times five shillings and six pence , or six shillings a pair ; which ( as Mr. Richard Ferrour hath judiciously and ingeniously observed ) doth yearly cheat and cozen the people , besides the inconveniences by ill wrought and half tanned Leather , six or seaven hundred thousand pounds , or a Million Sterling per annum ; which might well have been spared , or better employed . And be as willing to ease his burdens and grievances , as Queen Elizabeth , that mirrour of Women and Princes , was in theirs , by the repealing of so much of the Statute for limiting the wages of labourers in the 25 th year of the Reign of King Edward the Third ( when Churches , Castles and Abbies we●e wont to be built ) as concerned the wages of Labou●ers that Master Masons , Carpenters , and Tylers should take but three pence a day , and others of that Trade but two pence a day ; a Tylers boy a peny per diem ; that none other should take above a penny for a days work ; for mowing five pence , for reaping of Corn in the first week of August two pence , and in the second week , and unto the end of that moneth not above three pence : And by the making of an Act of Parliament that the wages of Artificers and Labourers , then six times more then they were at the time of the making of the said Act of Parliament in the 25 th year of the Reign of King Edward the Third , should be yearly assessed by the Justices of the Peace , and Magistrates in every County , City , and Town corporate at their Quarter-Sessions , with respect unto the plenty and scarcity of the time , and other circumstances necessary to be considered ; for that ( as the praeamble thereof declared ) the wages and allowances limited and rated in former Statutes , were in divers places too small , and not answerable to that time , respecting the advancement of the prices of all things belonging unto Artificers and Labourers ; that the Law could not conveniently , without the great grief and burden of the poor Labourers and hired men be put in execution , and to the end , that there might be a convenient proportion of wages in the times of scarcity and plenty . Which was the cause that King James by an Act of Parliament made in the first year of his Reign , upon compleynt , that their wages were not rated and proportioned , according to the plenty , necessity , and scarcity , and respect of the time , as was politiquely intended by the said Queen Elizabeth , did amongst other provisions , give a further power & authority to the Justices of Peace in every County at their Quarter Sessions , from time to time , to limit and regulate the wages and hire of Labourers and Artificers ( although their wages and hire were then much encreased , and are since very excessive , and immoderate ) which by an Act of Parliament made in the third year of the Reign of King Charles the Martir , being continued untill the end of the first Session of the then next Parliament , is for want of continuance expired , and did repeal , as Queen Elizabeth , and other of our Kings also did , many an Act of Parliament in regard of Inconveniences or damages arising to the people or because they did not answer the expectations of the makers thereof . And may as little grudge the King his Pourveyance , or Compositions for them , though the richer part of the people , who are only contributory to the Pourveyance or Compositions for them , may by their own excessive raysing of all manner of prices of houshold provisions , and their unreasonable gains by it , seem to be something more then formerly burdened with it ; as they did the late King Charles the Martyr his indulgence to them , and dispensing with a Decree made in the Starre-Chamber in the 11 th year of his Reign , by the Lords of his Privy Councel , and other the Judges of that Court , after consultation had with Judge Hutton and Judge Croke ( who were well known to be very great well-wishers to the peoples just and legall liberties ) and the other reverend Judges and divers Justices of the peace of the Kingdom , confirmed by the Kings Letters Patents under the great Seal of England , which did forbid the Vintners to dress any meat for their Guests or Strangers , and limited the Inkeepers of London and Westminster , and within ten miles distance thereof , unto six pence for a day and night for Hey for a horse , now ●●shamefully and unconscionably raised by themselves unto eight pence ; and six pence for a peck of Oats not measured by Winchester measure , but the knavish peck of the Ostlers ( to whom the dying horses might well bequeath their Halters ) at the rate of eight groats a bushell , when they have many times bought them in the Market at Twelve pence a bushell , or less . And directed that that Ordinance should continue in the County of Middlesex , untill it should appear unto the Justices of the Kings Bench , and in other Counties and Places to the Justices of Peace , that because of the increase of prices in the parts adjoyning , greater rates should be necessary to be permitted ; and that thereupon other rates should from time to time be set ; and being set , were commanded , and enjoyned to be strictly and duly observed , untill they by the like authority should be altered . And might be as little troubled at his Pourveyance , as they were with his Royal Fathers remission , or not putting in execution the Assise ( in imitation of one which was made in anno 12 H. 7. ) made in the Reign of Queen Elizabeth , by the advice of the Lord Burghley , and other of the Lords of her Privy Counsell ) of Flesh , Fish , Poultry , butter , and most sorts of Victuals , and houshold Provisions ; as also of Hey and Provender : and another likewise set and made by the Judges of the Kings Bench in or about the first year of his Reign , by the advice of all the other Judges of England , at the instance of Mr Noy his Atturney-Generall . Which might perswade us to be something kind to our selves , and our posterity , in being kinder unto him ; for that the losses and damage to the King and his People without the addition of their losses by the taking away of the Tenures in Capite , are and will be so very great and evident ; and the loss of the King may by a necessity of their supplying of it , be in the end a means of doubling or trebling the losses of the people , and should therefore deterre us from any endeavours to eclipse our Sun , and bereave our selves of the light and comfort of it ; and diswade us from the purchase of so many mischiefs and inconveniences as have already happened ; and are like to multiply upon us , by making our selves the most unhappy Instruments of the dishonour of our King and Country in the diminution of the accustomed grandeur and magnificence of his Court and Hospitality , wherein plenty and frugality , largess and providence , satiety and sobriety , honour and hospitality , were so excellently and rationally combined , and confederated , as the best of Oeconomies ; and the greatest vigilance , daily care , and inspection in the most methodicall and best ordered House and Family of England , or any other the Kings Dominions , consisting of 10 or 20 persons , or a lesser number ( a few being commonly the easiest governed ) could never arrive unto 〈◊〉 ●erfection of government , and good order of the Kings Houshold , consisting of a numerous Retinue of above One thousand or twelve hundred persons , and many of them of the best extraction , and noblest houses of the Kingdom , where besides the charge of his most pious and devout yearly Maundy , or washing as many poor mens feet every year upon the Thursday before Easter as he is years old , & giving unto each of them a Jowl of Salmon , a Poll of Ling , 30 red Herrings , and as many white , 4 six peny loavs of bread , Cloth for a Gown and a Shirt , a pair of new Shoes & Stockings , a single penny , and a 20 shillings piece of Gold : Two pence a piece was given to poor people every day at the Gate , besides the Kings Alms-dish every meal from of his Table , and the fragments carefully gathered up from the many Tables of his Servants , put into an A●mes-basket , and daily distributed unto them by two Officers , yearly kept in pay and pension for that purpose : Six Mess of Meat , 240 Gallons of Beer , and as many of loaves of Bread , with a liberal proportion of Sack and Claret as wast ; and entertainment for all comers for the Kings honour , where were great yearly Festivals , the Lord Stewards Table completely , and more then ordinarily furnished during all the time of the sitting of the Parliaments , to entertain such of the Lords and Commons as would come thither to dinner , and where when the Nobility and Persons of quality in the absence of Parliaments , came either to attend the King , or petition him in any of their Affaires , they were made the Guests at some of the Tables of his great Officers , as well as those of meaner ranks were at the Table of the lesser : And the Chambers and Galleries searched for 〈◊〉 strangers and fit persons as might deserve to be invi●ed to the Tables and Diet of his Servants , to the end that any that were fitting to partake of his hospitality might not be omitted . Embassadors which came sometimes two at once from severall forreign Princes found themselves royally enterteyned for certain days out of the diet and provision of the Kings house , ( and nothing of State or Provision wanting at the same time in the Kings own Court or House ) and attended with as great or more plenty & solemnity , then many of their Kings & Princes had at home , & where no Country Gentleman or Yeoman , which had contributed to the Pourveyance but at one time of the year or other , had upon all occasions of business at the Court , either with the King or his Servants , a large part or share of what he had contributed . And was so gratefully and well accepted , as some have anciently , ( when gratitude and thankfull respects were more in fashion than now they are ) so highly esteemed the respects and favours of the Kings Servants and Officers , when they had occasion of business to his Court , as Robert de Arsic , a man of great note and eminency in the County of Oxford , did give Lands in Newton by a Fine levyed thereof unto one Robert Purcell , and his Heirs ( who was then one of the Porters at the Gate of the Kings House or Court by inheritance , upon condition , that whensoever he and his Heirs should come unto the Court , the said Robert Purcell and his Heirs , whilst they should be the Kings Porters , should attend their coming , come out of the gate to meet them ; and walk before them with his rod or staffe unto the Kings Hall , and at their return or going out of the gate , call for their horse or Palfrey , and hold their stirrup whilst they got up or mounted : and if the said Robert Arsic or his Heirs should send any Messenger to the Court , should as much as in them lay , and according to their ability , with their good word and well wishes , faithfully assist him : And was so unwilling to loose that Service or Duty as upon the refusall or omission thereof by the said Robert Purcell , he did in the 11 th year of the Reign of King Henry the 3. bring an Assise or Action against him for it : ( for as for our Industrious Speed setting forth in his History of England , that Rhese ap Gruffith Prince of Wales , coming out of Wales as far as Oxford , to treat of a Peace with King Richard the First , did take it in so high a scorn , and indignation that the King came not in person to meet him , as he returned home into his own Country without saluting the King , though Earl John the Kings only Brother had with much honour conducted him from the Marches of Wales thither , and that by that means the hopes of the expected peace vanished , and came unto nothing ) hath observed that the meanest from whom love or service is expected , will again expect regard . And therefore the care of our Kings was not a little imployed in that way of imparting of their favours , and increasing and cherishing the love and good will of their people , when King Henry the Seventh , whose troubles and tosses of fortune before he came unto the Crown , had together with his learning and princely education , made him a great Master in Policy , and good Government , and one of the wisest Kings that ever swaied the English Scepter , did in his prudent Orders concerning his Court and Houshold , and the State and Magnificence which he desired to be observed therein , communicated unto me by my worthy and learned Friend William Dugdale Esquire Norroy , King at Armes , out of an ancient Manuscript , sometimes in the custody of Charles de Somerset Knight , Lord Herbert and Gower , Chamberlain unto that King , amongst many other Orders for the honour of the King and his House , ordain that If any straunger shall come from any Noble-man or other , the Gentilmen Huysshers ought to sette him in suche place convenient within the Kyngs Chamber as is mete for hym by the discrecion of the Chamberlain and Huyssher , and to comaunde service for hym after his degree ; and the sayd Huyssher ought to speke to the Kings Almoigner , Kerver , and Sewer , to reward hym from the Kings Board ; this is to say if the said Straunger happen to come whan the Kyng is at dynner . Item , The Gentilman Huyssher , if there come any honourable personnes to the Kyng at any other tyme , they ought to call with thaym the sayd personnes to the Seller , Pantry , and Buttry , and there to commaund forth such brede , mete , and drynke , as by his discretion shall be thought metely for thaym ; and this in no wise not to be with sayd in noon of thies Offices aforesayd , It is to the Kings honor . Item , that no Gentilman Huyssher bee so hardy to take any commaundement upon him , but that it may be with the Kings honor , by hys discretion in these matiers to myspende the Kings vitail , but where as it ought to be ; and if he doo , he is nat worthy to occupy that rowme , but for to abide the punishment of my Lord Chamberlain . Item , A Gentilman Huyssher ought to commaund Yeomen Huysshers , and Yeomen to fetche bred , ale , and wine at afternoon for Lords and other Gentilmen being in the Kings Chamber , whan the caas so● shall requyre . Which and the like Magnificences of Hospitality in the Houses and Courts of our Kings and Princes , supported by the Pourveyances without which the elder Kings of England before the Conquest , could not have been able to susteyn the charge of their great and yearly solemn Festivals at Christmas , Easter and Pentecost , when ex more & obsequii vinculo antiquissimo , as that great and learned Antiquary Sir Henry Spelman hath observed by duty and antient custome , the Lords and Barons of England did never fail to come to the Kings Palace ( where the Magna Concilia & wittena gemotes & conventus sapientum , now called Parliaments , were at those times to be holden and kept ) cum ad Curiam & personam ejus exornandum , tum ad consulendum de negotiis regni statuendumque prout fuerat necessarium & providere de rebus illis Rex solebat corona redimitus & profastu Regio se in omnibus exhibere , for the honor of the King and his Court who then with his Crown upon his head , and other Princely habiliments , did use to shew himself unto the people and advise what was necessary to be done for the good of the Kingdom . And was such an attendant upon the Grandeur and Honour of their Monarchy , as it began with it , and continued here amongst us till the Councill of some foolish and factious Shrubs had by a fire kindled in our then unhappy Kingdome , overturned our Cedars of Libanon , and made an accursed and wicked Bramble their Protector , and was so necessary to the Government and Authority of our Kings , and the encrease and preservation of the love and obedience of the people , as we find it neither repined nor murmured at in the Reign of King Alfred , who being of an almost unimitable piety and prudence , and to whom this Nation ows a gratefull memory for his division of the Kingdom into Shires and Hundreds , and for many a Politique Constitution , did ( now almost 800 years ago ) keep a most Princely and magnificent House , and a numerous company of Servants ; gave enterteynment of diet and lodging to many of the sons of his Nobility , who were therein trayned up to all manner of Courtly and honourable exercises , had three Cohorts or Bands of Life-guards , every Cohort according to the ancient computation consisting , if they were Horse of 132 , and of Foot , of a great many more ; the first Company attending in or about his Court or House night and day for a moneth , and returning aftewards home to their own occasions , tarried there by the space of two moneths ; the second Cohort doing likewise as the first , and the third as the second by their turns and courses , and had a good allowance of money and victualls in the House or Court of the King , who had his ministros nobiles qui in curio Regio vicissim commorabantur in pluribus ministrantes ministeriis , noble and great Officers in his Court , which attended in their courses , and took so much care also for them as in his last Will and Testament he gave cuilibet Armigerorum suorum , to every one of his Esquires 100 marks . Or that King Hardi Canutus caused his Tables to be spread four times every day , and plentiously furnished with Cates , and commanded that his Courtiers , Servants , and Guests should rather have superfluities then want any thing . That William Rufus when he had built Westminster Hall 270 foot in length , and 74 in breadth , thought it not large enough for a Dyning Room . King Richard the Second kept a most Royall Christmas where was every day spent 26 or 28 Oxen , 300 Sheep , with Fowl beyond number ; and to his Houshold came every day to meat ten thousand people . as appeared by the Messes told out from the Kitchin unto three hundred Servitors , and was able about two years before , when the Times began to be troublesome , to give a Guard of 4000 Archers of Cheshire with their Bows bent , and their Arrows hocked ready to shoot , Bouche of Court , to wit meat and drink , and wages of six pence a day then accompted a very great pay . Or that King Henry the 7 th . then whom the Kingdom of England never had a more thrifty Prince , did the morrow after Twefthtyde in a great Solemnity keep a Feast in Westminster Hall , where he being set at a Table of Stone ( which remained untill the middle of our late Rebellion ) accompanyed with the Queen and many Embassadours and other Estates , 60 Knights and Esquires served 60 Dishes to the Kings Mess , and as many to the Queens ; and served the Lord Mayor of London at a Table where he was set with 24 dishes of meat to his Mess. And our succeeding Kings understood to be so much for the good and welfare of the people , as King Edward the Sixth , that great Blossome of prudence and piety , and all manner of Princely virtues , when a surfeit of Church Lands and Revenues , had like the coal carried into the Eagles nest , reduced the Royall Revenues into a consumptive and languishing condition , had by the advice of his Privy Council suppressed ( but with no advantage to the Revenue or curing the diseases of it , as it then , and hath since happened in many of those pretended rather then really effected dishonorable Espargnes ; witness the putting down of fourteen Tables at once by King Charles the Martyr , which gained in one year Thirty thousand pounds to some few of his Officers , who did advise him to do it ; but nothing at all for himself ) the Tables formerly appointed for young Lords , the Masters of Requests , and Serjeants at Armes , &c. he did not howsoever think fit to diminish or lessen any more of the Royall Hospitality . And King James when he had by an over-great bounty to his Countrymen the Craving Scots , and their restless importunities , brought himself and Revenue into many streights , and was contented to seek out wayes of sparing , did in the inquest and seeking to abate the charge of his housekeeping , in his Letters to the Lords of the Councel , bearing date in November 1617. and pressing earnestly to have it done , to the end , that he might equall his charges to his Revenue , direct them to abate superfluities in all things , and multitudes of unnecessary Officers , and to do things so as they might agree with his honor ; but concluded that there were twenty wayes of abatement besides the House , if they be well looked into . Which may give us a Prospect , which a larger Treatise of the Antiquitie , legality , reason , duty , and necessity of Prae-emption and Pourveyance for the King , or Compositions for his Pourveyance , as they were used and taken for the provision of the Kings Houshold , the small charges and burden thereof to the People , and many great mischiefs and inconveniences which will inevitably follow the taking of them away , will more fully evidence how great a damage the King susteyneth by the want of them . How unbecoming the Majesty and Honor of a King and his many Princely affairs and occasions it will be that the people should deny him that granted or continueth their Profits in Fairs and Markets the benefit of Prae-emption , which all Princes as well Christian as Heathen do enjoy , and is but conformable to the Tenor and meaning of the Fifth Commandement in the Decalogue , and the Honour due unto common Parents and Magistrates enjoyned thereby . How unsafe to the peoples consciences , when they do by their Oathes of Allegeance and Supremacy swear to maintain and defend his Regall Rights and Jurisdictions not to allow his Prae-emption , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or forecheapum , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Saxon Times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying ante , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere , which is Prae-emption , and was then ( as it hath been ever since ) so just and legall a part of the Kings Prerogative , as King Ina , who reigned here in the year 720. did by a Law prohibit , that Fore fang , or Captio obsoniorum in foris aut nundinis , non ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria , the taking or buying of Houshold provisions by others in Fairs or Markets before the Kings Minister or Pourveyor should take those things which were necessary for the King. And was not then any Novel constitution , or acquired Right or Praerogative , or without a Divine pattern , but so inhaerent in Monarchy , and Kingly Government , and so becoming the duty and gratitude of Subjects , as we may find the Vestigia , or Tracs of it in the morning of the restored , not long before drowned and washt world , when Joseph that great and happy Minister of State under Pharaoh King of Egypt did by the help of that Royal Right of Praeemption , keep the Lean Kine from eating up the Fat , and save that Kingdome , and many other neighbouring Nations from an irresistible famine and ruine . And how contrary it will be unto the duty of Subjects to refuse him their Carts to convey his Carriages , unless they may have two parts in three more then formerly , when the Earl of Rutland , and Countess Dowager of Pembroke , and many other of the Nobility have not only their Pourveyances , but can have their Tenants Boon Carts upon any of their occasions for nothing ; and every Lord of a Manor , or Parson of a Parish do seldom fail of as much or greater curtesies , or respects from their Tenants , or Parishioners , or that the Kings Harbingers should from some of the Tribe of Naball receive uncivill and churlish answers , that they are not to loose the advantage of six pence more which may be given by any other , or that his Pourveyors should not have the benefit of Praeemption , as one of them lately was refused in the buying of a Salmon , or be wrangled with ; and have Fowl taken out of their hands , as one lately did , and when he was told it was for the King , could say he cared not a turd for him , or that his Officers should be exposed to the humours or incivilities of Clowns , Quakers , or disaffected persons . And that strangers who have commonly and usually seen forreign Princes travailing in any parts of Christendome out of their own Territories and Jurisdictions to be by a generall and never intermitted custome , honourably and respectfully received in all Cities and Places of note , and presented with Wine Fish , and other provisions ; such as the place and season of the year afforded , which even those Commonwealths , States , and Places of incivility , Trade and selfishness , such as Holland and Hamborough do never omit , should see the King of Englands Servants and Officers so little respected in their attendance upon him in his Journeys , or Progresses , as not to be trusted with a small hire of a Cart , unless like some beggars in the streets , buying an halfpenny or a farthing worth of pottage at a Cooks Shop , they do first lay down or pay their money for it . And how ungrateful it will be ( if they were not Subjects or obliged by the Laws of God , Nature and Nations to an obedience reverence , retributions and oblations to their Prince , to receive a daily and an hourly protection , and as many benefits and blessings as their almost alwayes craving necessities and importunities can get or obtain , or his munificent and ready heart and hand impart and bestow upon them . And yet be so barren in their retorns or thankfulness , as when there is not a Family or Kinred in England , but hath at one time or other been raised or enriched by the King or his Royall Progenitors , or tasted of their favours or mercies , and that those who did eat and partake of his Pourveyance or Compositions for them , and were maintained by them , were for the most part their Sons and Daughters , or some of their Kinred or Generations , to deny him that which was such an antient and unquestionable Right , as all the Judges of England did no longer agoe then the third year of the Reign of King James , declare it to be a Prerogative of the King at the Common Law , and was no less in the Times of our Saxon and British Monarchs , and so much in use in the Kingdom of Ireland , as it doth yet retain the custome of Pourveyance ad alendum Proregis Familiam , for the maintenance of the Lord Lieutenants House and Family , as an antiquitus institutum , an antient Constitution , & Jus quoddam Majestatis , a part of the Right belonging unto the Sovereign Prince and his Preheminence or Kingly Prerogative . And in their Act of Parliament lately made for the Settlement of that tossed and turmoild Kingdom , consented that the Lord Chief-Justice of his Majesties Court of King-Bench , the Lord Chief Baron of the Exchequer , and the Master of the Rolls , or any other of his Majesties Officers of that Kingdom for the time being , shall and may have and receive such Port-Corn of the Rectories , Impropriations or appropriate Tithes forfeited unto , or vested in his Majesty , his Heirs and Successors , which have been formerly paid or reserved . The furnishing of Carriages and Ships for publick uses are in Scotland justly numbred amongst those Regalities which are annexed to the Crown , and was by the consent of the Estates there so called , allowed to conserve the dignity of that Kingdome the Borrough Mealis , where quilibet Burgensis debet domino Regi pro Burgagio quinque denarios annuatìm & dicuntur incorporari annexique Fisco & Patrimonio Regis , every Burgess is to pay five pence per annum for his Mealis , which Sir Henry Spelman interprets to be a Farme appropriated to buy Provisions in Regiae mensae apparatum for the Kings Table or Houshold , and are said to be incorporate and annexed to the Patrimony of the King and his Exchequer . And the right of Pourveyance so little there esteemed to be a grievance , as in a Parliament of their King James the 4 th holden in the year 1489. The Lords Spirituall and Temporall , and other his Lieges , did declare , that it was the Kings property for the honourable sustentation of his house according to his Estait and Honour , quhilk may not be failized without great derogation of his noble Estait , and that his true Lieges suld above all singular and particular profit desire to preserve the noble Estait of his Excellence , like as it was in the time of his maist noble Progenitors of gud mynd . And is conform unto that rule of reason which other Nations doe measure their Actions by ; for in France , as Renatus Choppinus , a learned French Advocat , saith it is Dominicum jus primitus sceptris addictum in necessarios Regiae mensae Aulaeque sumptus & honorificum ad suum Imperii & inclitae decus Majestatis conservandum , a part of the Demeasnes belonging and annexed to the Royall Scepter , and appropriate to the necessary uses and provisions of the Kings Court , and Houshold for the honor and conservation of the Rights of Majesty . Our long agoe old and worthy Ancestors , the stout hearted Germans , did as Tacitus sua sponte & ex more viritìm conferre principibus armenta vel fruges quae pro honore accepta necessitatibus subvenirent , man by man of their own accord customarily bring or send unto their Princes Herds of Cattle , and some of the fruits of the earth as Presents and Oblations , which being taken for an Honour due unto them , did much conduce unto the defraying of their charges or necessityes : the people of Italy and the Princes and Nobility thereof did acknowledge them to be inter Regalia amongst the Regalities of the Emperour , and the Law of the Empire , formerly of Rome , now of Germany , doth strongly assert the Praestationes Angariarum Plaustrorum & Navium , &c. Pourveyance of Cart-taking , and impresting of Ships Regi competere ratione excellent●ae ejus dignitatis quae Regalia dicuntur , to belong unto the King by reason of the excellency of his dignity , Et multa adjumentaei necessaria ut dominium intus & externè tueri valeat , and that many ayds and helps are necessary for a Prince to defend his Dominions at home as well as abroad . And is as much a Custome of Nations , as covering of the head , washing the hands , wearing of shoes , and retiring to rest or sleep in the night , & so usual as the Barbarians , some of whom have not so much good nature as to diswade them from selling their Children , like Calves or Cattle at a Market , or the savage part of the Heathen , who have not attained to so much of reason , as to perswade them the use of clothes and apparrel , are glad their Kings and Princes will accept of . And the Inhabitants of that large Empire of Japan , who in many of their Nationall Customes and Actions , do delight to be contrary to the people of Europe , and most other Nations , as to have their Teeth black , when others doe desire to have them white ; doe mount their horses on the right side ; and not uncover their heads in saluting each other , but only unty some part of their Shoes and Sandals , and sit down when others do come to salute them , are notwithstanding unwilling to come behind other Nations in the Duty of Pourveyance and Honour of their Prince , Practised & allowed by many approved examples in the sacred Volumes , where Melchizedeck King of Salem , the Priest of the most high God , brought forth bread and wine to Abraham , and his houshold Servants in their little Army upon their return from the rescue of the righteous Lot , which was , saith the great Grotius , a Custome then in use amongst the neighbour Nations : that of Jesse the Father of David , who being commanded by Saul his King , when he was not in the Army , but enjoyed the blessings of peace , to send David his Son unto him , laded an Asse with bread and a bottle of wine , and a Kid , and sent them by David unto Saul ; and not long after sending him into the Army to visit his Brethren , commanded him to take an Ephah , and ten loaves , and carry them into the Camp unto his Brethren , and ten Cheeses unto the Captains of their Thousand . The worst of women , the Witch of Endor made hast to kill her fat Calfe , took flower , and kneaded it . baked unleavened bread , and caused Saul and his Servants to eat . The Moabites who were Davids Subjects , after he was King , sent him gifts pro pace ac tutela , as gratifications for their peace and protection , and continued and paid it unto the Kings of Israel , untill after the Reign of Ahab King of Israel , Shobi Machir , and Barzillai in the midst of his afflictions by the Rebellion of his Son Absolom , sent victualls and provisions to him and his Army , the dutifull and honest-hearted Araunah would rather give him his Oxen to sacrifice , then take mony for them : the Sunamitish woman would in honour and respect unto Elisha the Prophet , not only constrain him to eat bread , but advised her Husband to make a little Chamber in the Wall , and set for him there a Bed , a Table , and a Stool , and a Candlestick , to the end that when he passed that way , he might turn in thither . The Moabites having after the destruction of the Kingdome of Israel discontinued their Pourveyance , were in the judgements denounced against them for their pride exhorted by the Prophet Isaiah to an obedience , and to send the Lamb ( viz. that Pourveyance ) to the Ruler of the Land , which was Ezechiah King of Juda , the lawfull Heir of King David . And the Children of Israel and Juda , after a return from a long and a sorrowfull captivity , could not when they bare burdens , and wrought with one hand , and held a weapon with the other , in their building and repair of Jerusalem , forget the custome of Pourveyance for the good Nehemiah their righteous Captain and Governour . Which might induce the people of England to cover their faces with shame , and blush through that thin-leafed Mask of a Recompence by the Excise , supposed to be given in Exchange thereof , when they can at the same time , whilest they denyed it to the King believe that the Pensions and Payments in Universities , Colleges , & Innes of Court & Chancery , for the honor of their Societies , and defraying of charges ordinary or extraordinary . The assistance or supports which the Lord Mayor of London , the Companies or Guilds of Trades therein , the Magistrates of every City , Burrough , or Corporation ; and Church-wardens of every Parish , do by permission of him and his Laws exact and enforce for the credit or worship of their Societies and their maintenance and affairs one under another , and one of another to be as legall as they are necessary . And the dignified Clergie , as Arch-Bishops , Bishops , Arch-Deacons , Deans , Prebends , and Canons , many of whom do enjoy Commendams , and Prebends , and yearly receive Pensions ( some of which were for superstitious uses ) Synodals , Procurations , money for Proxies , Cathedratica Quarta's , Episcopales Corredies , or Entertainment-money , Penticostalia , Waxscot , or Cyrick sceat , which in some places was recompenced by the yearly Tribute of Hens , or some other houshold provisions ; and in many places do receive the long since abolished Romescot , or Peter-pence , and many other Emoluments , and the inferiour part of the Clergy their Mortuaries yearly Oblations , and many other Profits and Free-will Offerings towards their Hospitalityes and Housekeeping . And many of the Laity can think it reasonable by privileges of some Religious-houses whereof their Lands before they were granted unto them by the Kings Royall Progenitors were parcell to pay in many places no Tythes at all , and in as many or more do claim and receive the benefit of a Modus decimandi , or paying a small rate or proportion for them ▪ and in their own Leases and Grants , not only in former ages , but lately find it to be most for their benefit , to reserve as a convenience for their housekeeping , as their Ancestors or Predecessors formerly did their duties of work in Harvest , or payment of Muttons and Poultry , &c. And can retain their Rights of Patronage and Advowsons , take and receive Herriots , which were gratuitae donationes domino suo datas ratione dominii , & reverentiae , the gifts or remunerations of Tenants to their Lords in the reverence or respect which they do bear unto them , after the rate of 4 or 5 l a Cow , many times the only remaining substance of a sorrowfull Widow and Fatherless Children , when the price of an Oxe was in the Reign of King Edward the First , and many years after but 5 s. or an eighth or tenth part of it . Reliefs and Chiefage , which Cowell understands to be pecuniae annuò datae potentiori tutelae patrociniique gratiae ; and the Tolls in Fairs and Markets , by his Grants , or by Prescription , or allowance ( which do in yearly profit twice or thrice over exceed the charge of the Counties or Cities of the Kingdome towards the Pourveyance or Provision of the King and his Houshold , and the Owners of above three thousand and eight hundred Impropriations which originally were designed for hospitality , can require and receive Pensions , Synodals , Procurations , Proxie-money , and Waxscot money . And very many of the Laity yearly demand and receive Romescot , Peter pence , or Chimney-money of their Tenants in some Manors , amounting unto a considerable value , which notwithstanding that by the Statute of 25 H. 8. ca. 21. it be forbidden under severe penalties to be paid any more to the Popes use , have since either by ignorance of their Tenants , or a custome of paying it to the Lords of such Manors , or their Stewards or Bayliffs , been collected or gathered to the use of the Lords of those Manors , & be very industrious in the enforcing the payment of Street-gavel , which in the Reign of King Edward the First was claimed by the Lord of the Manour of Cholmton in the County of Sussex , for every Tenants going out of the Manor , or returning unto it : and in many or some of their Manors do receive Quit-rents of their Tenants for Bordland , or provisions of victuals for their houses ; Drofland , for driving their Cattle to Fairs and Markets ; Berland , carrying provision of victuals upon the removall of the Lord of the Manor , or his Steward ; Potura drinklan , or Scot Ale , a Contribution of Tenants towards a Potation drink , or an Ale provided to entertain the Lord or his Steward ( those charges being now defrayed by the Lords of the Manors ) Cart-silver , Ward-penies , and Hoke-Tuesday mony ( for a liberty probably of giving their Tenants or Bond-men leave to celebrate that day wherein the English did every where slay the Domineering Gavel-Corn , Gavel-Malt , Rent-honey , Oate-Gavel , or Rent Oates , Woodlede , for carrying home the Lords wood ; Hidage , or an Arbitrary Tax imposed upon every Hide of their Tenants Lands , afterwards turned into an yearly payment ; Gavel-Foder , for Litter , Hay , and Provender for his horses , paying of certain Cows , or a rate for them , quae dari solebant pro capitibus Utlagatorum , to redeem the forfeitu●e of Outlaws ; Gavel or Rent-timber for the Repair of the Lords house ; Gavel Dung to carry his Dung ; Horse or Foot Average , carrying of the Lords Corn to Markets and Fairs ; or of his domestique utensils , Smith-land , for doing the Smiths work ; Gavel-erth , for t●lling some part of the Ground ; Gavel Rip , to help to reap their Corn by one or more dayes ; Gavel Rod , to help to make so many Pearches of Hedge ; Gavel Swine , for feeding of Swine in the Lords Woods ; Carropera , to work with their Carts or Carriages : Ale-silver in the City of London ; Were Gavel , in respect of Wears and Kiddles to catch Fish , besides ( which some have not long ago valued in the sale of their Manors ) many Boons , Presents , and New-years-gifts , and other Retributions yearly given to Landlords or Lords of Manors , in lieu of their Pourveyance , who paying for it one to another , do receive and take Fines incertain at farre greater rates then antiently they were , and many times so unreasonably as the King in his Superiour Courts of Justice is many times enforced to regulate and reduce them to a moderation ; and can also receive many other small yearly payments paid by Tenants in acknowledgement of favours or help received , or to be received ; and demand and receive Quit-rents for Common Fines of some Hundreds , and for Fines pro non pulchre placitando , or pleading in their Courts so fair as they ought , prohibited to be taken by several Statutes made in the reigns of King Henry the 3 d. and Edward the Third ; receive in some places , as in the Counties of Cumberland , Westmerland , and some other Northern Counties a 20 penny Fine ▪ and in Wales a Payment or Oblation called Mises , upon the death or change of every Landlord ; and be at the same time unwilling , that the King should have any retributions or acknowledgements for one hundred to one favours and helps not seldome , but very often ; nor to some or a few particular men , but to very many , and the universality of all his Subjects . Be well contented that he should have no bette● a Bargain to release their Duties of Tenures in Capite , Knight-service and Pourveyance , which would have yielded and saved him at least Two hundred thousand pounds per annum , besides the vast yearly charge of a great part of his Guards , much whereof might be spared , if he had , as his Royal Progenitors had , the benefit , support , and accommodation of Tenures in Capite , and by Knights-service , which were so greatly & very necessary in the honour and incidents thereof , to the exercise of a just and well regulated Monarchy , and Royall Governments ; and more advantagious then the decaying and every day diminishing Revenue of that Moyety of the Excise , which half or moiety from the time of the granting thereof , untill the last year , did yearly yield unto him but One hundred thousand and ten pounds , or thereabouts ; and for this last year but One hundred thirty and three thousand pounds Sterling or thereabouts ; ( out of which , the Salaries & allowan●● unto the Commissioners , Auditors , and Surveyors , &c. and many other defalcations are to be deducted ) attended with the daily discontents of the Common people , and as a Fine and Income for that so greatly prejudiciall and inconvenient Bargain , release and abate unto the people more then a Million and a half Sterling mony due unto him for the Arrears of the profits of his Wardships and Tenures in Capite , and by Knight-service ; and for the Arrears of his Pourveyance after the rate of Thirty five thousand pounds per annum charges to the people , six hundred and fifty thousand pounds Sterling ; and if the charge thereof shall be deemed to amount unto Fifty thousand pounds per annum ; may without any stretching of the accompt , be very justly reckoned to be no less then Nine hundred and fifty thousand pounds sterling . And take notwithstanding ( as his blessed Father did , the profits of his Wards after a tenth part of the true yearly value of the Lands and his Ayds to make his eldest Son a Knight , and to marry his eldest Daughter , which the Socage Tenures are likewise obliged unto at a very low and easie proportion ) very many of his Reliefs after the rate which the value and Rent of Lands were at four hundred years agoe , now that they exceed it Fifteen or Twenty times more in value then they were then ; his Subsidies and Fifteens secundum antiquam taxationem , after the old and long ago accustomed old rates with considerations and abatements to be made in respect of Debts ▪ Children , and weakness of Estates , when as the rates in every Parish , for the maintenance of the Poor , mending of High-wayes , repairing the Church , payment of Tythes for Pas●ure-groun●s , o● upon any other their Parochiall Duties , or occasions , are made and layd by the people themselves , and Justices of Peace by the Pound rate , as they call it , and to the utmost yearly value , and improvement , or very near it . Receive his First-fruits and Tenths at great undervalues , Prae-fines , Post-fines , Lycenses and Pardons of Alienation at less then a Tenth . Take no more for the Fees of his Seals in Chancery , and the Courts of Kings Bench and Common Pleas , then as they were in the Reign of King Edward the Third , ( now that every peny which was then , is more in value then three ) and for the originall and Judiciall Writs in Wales no more then they were in he 34 th year of the Reign of King Henry the Eighth ; his Fines upon Formedons and Reall Actions , his Customes inward and outward at gentle and undervalued rates , allowing the Merchants notwithstanding a Twelfth part of their Wines , a Fifth of all other Commodities imported , and a Tenth of all that is exported , most of which particulars , in his so daily accustomed and continued favours seperately and singly considered , would either out-goe , or come very near up unto the charges which the Kingdom did yearly expend , and disburse for or towards the Royall Pourveyance : Allow● three or four pounds in every Pipe of Wine for Lekage : takes for his prisage of Wines brought into London for his two Pipes of Wine one before , and another behind the Mast in every Ship of every Freeman , being an Housekeeper of that large and largely privileged City , but seven pounds ten shillings for every Pipe of Wine , which is seldome less worth , if it be Sack , then thirty pound a Pipe , or four and twenty pounds a Pipe if it be Claret . And give● B●lls of Store to multitudes which have occasion to pass or repass ( which is not seldome ) into or out of the parts beyond the Seas , for their Trunks and other necessaries to be Custome-free . Allows and permits the Dukes , Marquesses and 〈◊〉 to enjoy their Creation money towards the supportation of their honour ; and they as well as the rest of the Nobility , and all or many of the Gentry to enjoy great quantities of his Crown Lands , turned from small and easie old-fashion'd Reserved Rents upon Leases for Lives or years into Estates of Inheritance ; and very many Liberties , as Fishings , Free-Warrens , Court-Leets , Court-Barons , Eschetes , Felons , Fugitives and Outlaws Goods , Deodands , Forfeitures , Waiss Estraies , Fines & Amerciaments , retorn and execution of Writs ; and in some Manors , a liberty of receiving to their own use Fines for licenses of concord or agreement upon the making of Conveyances , and Post-Fines upon Fines leavied in the Kings Courts , Profits of the year , day , and wast , and all Fines , Issues Amerciaments ▪ returned , set or imposed upon any of their Tenants in any of the Kings Courts , or by any Justices of Assize , or of the Peace . With many other Franchises , Liberties and Participations of his Regality , which they do now enjoy tanquam Reguli as little Kings in their several Estates and Dominions , in many of them , more by claim and prescription , allowed by the favour and indulgence of the King and his Royal Progenitors and Predecessors Kings and Queens of of this Nation , unto them and their Posterities , then by any any Grants they can shew for it , very much exceeding in yearly profit and con●ent , the small charges which they have used to have been at for the Pourveyance or Provisions for the Kings Houshold . Take his Fee-farme Rents which do amount unto above threescore thousand pounds per annum ; but according to their first and primitive small reservation , though the Lands thereof be now improved , and raised in some a ten , and in others a twelve to one mo●e then they were then accompted to be either in the intentions of the Donors or Donees , and many other his Fee-Farmes of some casuall Profits , and Revenues granted to Cities and Corporations , which do now ten to one exceed what they were when they were first granted . Grant and confirme to the Vulgus or Common people many great immunities and Priviledges , as Assart Lands , and permit them to enjoy in his own Lands and Revenue large Common of Pasture , and Common of Estovers and Turbary in his Forrests and Chaces ; and protect from oppression in that which are holden of their Mesne Lords , their Copihold Lands , Customes and Estates ; which being at first but temporarily permitted and allowed & patientia & charitate in quoddam jus transierunt ▪ are now by an accustomed and continued charity , taken to be a kind of Tenant Right and Inheritance . Grants and permits many Charters of Liberties , Privileges and Freedoms to the Cities , Boroughs and Towns Corporate of England and Wales , and to the Lord Mayor and Commonalty of London , all Issues , Fines , and Amerciaments ret●rned and imposed upon them in any of the Kings Cours , freedome from payment of Tolls and Lastage in their way of an universall and diffused Trade in all places of England : and for a small Fee Farme Rent of Fifty pounds per annum for the Kings Tolls at Queen-Hithe , Billingsgate , and other places in the City of London , accepted in the Reign of King Henry the Third , suffers them to have and receive in specie , or mony towards their own Pourveyance , as much as would goe a good way in his . Allows the Tenants in antient Demesn their Exemptions from the payment of Toll for their Houshold Provisions , which in the opinion of Sir Edward Coke was at the first in regard of their helping to furnish the Kings houshold Provisions : and suffers the Universities of Oxford and Cambridge , and the Colleges and Halls therein ; Colleges of Winchester and Eaton , and the Re●ients in the Cinque Ports , and Rumney Marsh , to enjoy a Freedom from Subsidies . Who , together with all the people of England , may by the Accompt of benefits received by , and from him , and his Royall Progenitors and Predecessors , know better how to value them , if they had not received them ; and if he should but retire himself into himself , and withdraw his bounties from us . Or take his Customes and Imposts inward and outward , Reliefs , Ayds , Subsidies , Fifteens , Tenths , and First-fruits , Profits of his Seals , P●ae-fines , Post-fines , Licences , and Pardons for alienation of Lands , Fines upon Fo●medons and reall Actions , at the full value and rate which the Law will allow , and the rise of money might perswade him unto ; or take all occasions to invade or clip the peoples Liberties and Privileges , as they do his . Or seise and take advantage of the forfeitures of our sufficiently misused Fairs and Markets , which without the many inconveniences of Barrage , Billets peages , or Tolls taken at many places as they pass thither ; as the people of France , and our Fashion makers are tormented with , do yield and save the people yearly in that which otherwise would be lost some hundred of thousands pounds per annum , or should withdraw his favours and countenance from the Trade which our Merchants have into forreign Parts since the Reign of Queen Mary , by the benefits and blessings of the Leagues and Alliances of him & his Royall Progenitors made with forreign Princes , continued with a great yearly charge of Embassadours Ordinary and Extraordinary sent and received , and render it to be no no more then it was in the beginning of the Reign of Queen Elizabeth , when the difference of the gain of forreign Trade and Merchandize , betwixt the little which was then , and that which is now , by reason of the East-Indie , Turkie , Muscovie , Ligorne , and East-land Trades , and our many flourishing American Plantations would appear to be some millions sterling money in a year . And were notwithstanding never so gratefull to our King for it ▪ as the English Merchants of Calais were , whilst King Edward the Third caused the Staple of Wool to be kept there , who so ordered the matter , as the King spent nothing upon Souldiers , in defence of the Town , which was wont to cost him eight thousand pounds per annum ; and the Mayor of that Town could in Anno ▪ 51 of the Reign of that King , furnish the Captain of the Town upon any Rode to be made with one hundred Bill-men , and two hundred Archers of Merchants and their Servants , without any wages . Or if the Peoples Liberties , acquired by the munificence and Indulgence of our Kings since the making and confirming of our Magna Charta , in the ninth year of the Reign of King Henry the Third , now 437 years ago , when they took it to be for their good as well as the Kings , to give him a Fifteenth part of all their Moveables ( not by a conniving and unequall , but a more real and impartiall Taxation , in recompence , and as a thankfull Retribution for their Liberties then granted and confirmed ) which are now as many again , or do farre ex●ed them , were bu● justly value● ▪ or if the benefits accrewed unto forreign Merchants , or those of our own Nation , by the Char●a Mercatoria , granted by King Edward the First in the 31 year of his Reign to the Me●chants Strangers , and confirmed by Act of Pa●liament in Anno 27 Ed. 3. for the releasing of an antient Custome and Duty to the Kings of England , of permitting their Officers and Servants to take what the King pleased out of Forreign Commodities , and Merchandize brought into England upon payment of such rates as he pleased , which amount unto no small yearly profit for an Exchange and grant by the Merchants Strangers of three pence per pound ( now called the Petit Customes ) of all forreign Merchandises imported , except Wines ; for every Sack of Wool forty pence , for every 300 Wolfels forty pence , and for every last of Leather to be exported half a mark over and above the Duties payable by Denizens , were but rightly estimated . Or the benefits which the Subiects of England have had and received by the Act of Parliament made in Anno 14 Ed. 3. granting that all Merchants , Denizens and Aliens may freely and safely come into the Realme of England , which before they could not , or durst not adventure to do without speciall licence and safe conduct under the great , or some part of the Seal of England , with their Goods and Merchandize , and safely tarry and return , paying the Subsidies and Customes reasonably due : together with the ease and benefit , but to the great loss and damage of the Crown , which the Merchants of England as well as those of forreign Parts have by the loss of Calais since Queen Maries time , and the remove of the Staple from thence , whither all Goods Exported out of England were to be first brought , & a Custome Inward the second time paid , and for so much ( which may be believed to be the greatest part ) as was again from thence Exported into other Countries , the Customes a third time paid , which made the Customes and Subsidies only for Goods Exported in the later end of the Reign of King Edward the Third , and during the Reigns of King Richard the Second , Henry the Fourth , Henry the Fifth , and the beginning of the Reign of King Henry the Sixth , as appeareth by the Records of the Exchequer to amount unto threescore , or threescore and ten thousand pounds per annum , which according to the valuation of mony at this day , saith Sir John Davies , the ounce of Silver being raised from twenty pence unto five shillings , would amount unto two hundred thousand pounds sterling per annum . And the difference betwixt the payment of Customes and Subsidies then paid three times over for one and the same thing , and the payment of it but once , as is now used , with many other great benefits beyond a valuation not here particularized . And consider how unworthy it would be for the Natives and People of England , after many Knights Fees , and Lands freely given and granted by the Kings Royall Progenitors to their Forefathers and their Heirs , to be holden by Knight-service and in Capite ; of which , if the sixty thousand Knights Fees , and more reckoned by antient Authors , should be no greater a number then ten thousand , and valued but at twenty pounds per annum , as they were reckoned in anno primo Edwardi secundi , they would amount unto two hundred thousand pounds per annum ; and if but at three hundred pounds per annum , which is now the least ●mprovement , would amount unto three Millions per annum , besides great quantities of other Lands being twice or thrice as much more in the severall Reigns of his Majesties Royall Progenitors , freely granted and given unto othe●s of them and their Heirs to be holden in Socage , to endeavour to extinguish the right use of them , and forget their Obligations to their Prince and Common Parent , and his Royall Progenitors . And in too many of their Actions and business cozen or beg all they can from him ; and in stead of saying Domine quid retribuam , Lord what shall I render unto thee for all thy benefits , make it the greatest of their care , imployment , and business , not only to take , but keep from him all they can , even at the same time when they had obteyned of him an unparralleld Act of Indempnity and Oblivion , and to to forget all their evil designes and offences intended or committed against him and his blessed Father , and to pardon and give them as much as fifteen or sixteen millions sterling in the Arrears of his own Revenue and two or three hundred millions Sterling at least for the forfeiture of theirs . And might have remembred , how they promised him their lives and fortunes , and to be his Tenants in Corde ; and with what a Princely and Fatherly affection he told their Representatives , that he was sorry to see so many of his good people come to see him at Whitehall , and had no meat to feed or entertain them ; and how ashamed and unwilling they are in their ordinary and daily Actions and Affairs to come behind or be upon the score one to another in their reciprocations , retributions , and retorns of gratitudes , and take it to be a disparagement not to out-vie or undo one another therein : how willingly they can part with their money to their children at School , to make Oblations , or Presents to their School-masters at their Intermissions or Breaking up of School at Christmas , Easter , or Whitsontyde ; a course newly invented by School-masters to better their Allowances and Incomes ; and chargeable enough to the Parents , as may appear by the Offerings at a Christmas , made unto some Capital School-Masters , which have singly amounted unto five or six hundred pounds , which with the Beds and Furniture , and silver Spoons to be brought thither by the Boarders , and left behind them at their departure , do make as great or a greater charge to many Parents , then what they were ever rated for the Pourveyance : And how accustomed and willing an expence all people are desirous to put themselves unto pro honestate domus , for the good and content of any Inne , Tavern , or Alehouse , to make them some recompence for but coming into those houses upon any occasion or necessity of business . And can notwithstanding so readily finde the way to that unchristian River of Lethe and sinne of unthankfulness , which God and all good men do abhorre , and the most fierce and savage of the Beasts of the field , & Fowls of the Ayr do scorn to be guilty of , and make it their business to desire the King to foregoe his Pourveyance , and take a seeming recompence of fifty thousand pounds per annum for it of the moyty of the Excise to be raised out of the Moans and Laments of the multitude , which are the labouring and poorer sort of the people , to free richer and better able from their heretofore small Payments or Contributions in Cattle , and other Provisions for the Royall Pourveyance , now that England enjoyeth a greater plenty then ever it did by some hundred thousand Acres of Fenne Lands drained , many Forests and Chases deafforrested m●ny Parks converted unto Tillage or Pasture , great quantities of other Lands inclosed ; and as much or more of Abby and Religious Lands retorned into Lay-hands , fewer Taxes and publique Assessments by one to ten , then are in the Kingdomes and Dominions of Spain , France , Empire of Germany , and other Kingdomes and Principalities of Christendome , the Republique of Venice , and that Corporation of Kings , the States of Holland , and the united Provinces , greater Improvements of Lands and prices for the fruits of the Earth , then former ages ever saw , or attained unto , ten to one more Cattel , Sheep , Swine , and Poultry fed and sold in England then formerly ; a freedome from the Popes and Romes former and many & daily heavy Taxations , carrying away much of the Revenues thereof , the universality of the people 10 or 20 times richer in moveables and household Furniture then ever their Forefathers were , every man of 10 or 20 l. Land per annum , now having one , if not many pieces of Plate in his house ( heretofore not to be found but in the houses of the Nobility or persons of great quality ) many Alehouse-keepers , a piece of Plate , if not as many as his occasions call for , instead of Black po●s ; every Artizan a piece or more of Plate ; and many of the richer sort of Citizens , Merchants , and Retaylo●s , do take themselves to be disparaged & the Sons of contempt , if they have not half ; and others almost all their Table-service in Silver Plate , their Dyning Rooms , and Lodging Chambers , richly hung with Tapestry of 30 , 40 , or 60 l. a suit , too many of their Wives hung with Pearl Neck-laces , Diamond Lockets , and the most costly sort of Jewels , and little Tablets of their Husbands Pictures richly enameld or set in gold at the charge of 25 or 20 l. a piece , to hang at the outside of their hearts ; and some of the retailing part of them think they come to farre behind their betters , if they have not a kind of S●ate or Carpets to spread within their Chambers or Apartments , or shall not be enough talked of or looked upon if they have not an Indian Foot-boy with a Coller of Silver about his neck to attend them ; and their delicacies and wantonness better attended then the afterwards destroyed and vagabond Jews ever had , when the Almighty sent his Prophets to preach , and inveigh against their excessive pride and wickedness , a greater by many degrees more then heretofore increase of Trade , untill our long and accursed Rebellion spoyled it ; more money put by Countrymen , and such as were not Traders , to Interest and Usury ( which may shew how great an overplus many have beyond their necessary expences ) then former ages were acquainted with as much Wood and Timber sold in our late times of prodigality , as would have bought the Fee-simple and Inheritance of all or the greatest part of the Lands of the Kingdome , many Rivers made navigable , and Havens repaired , the loss of Cattle , and damage by Inundations and some unruly Rivers prevented by several Statutes o● Commissions of Sewers , Depopulations prohibited , many an unjust Title in concealed Lands made good after sixty years quiet possession , Interest for money lent , reduced to a lower rate then formerly ; and Brocage forbidden , divers Statutes restraining Aliens not being den●zend to Trade or keep Shops , the bringing of silver Bullion into England by our Merchants encouraged , transportation of Gold and Silver prohibited , Merchants of Ireland and Aliens ordained to employ their moneys received in England upon the Commodities thereof , many great Factories and Trades erected and encouraged , the Lands of Wales greatly improved , and freedome , formerly denyed , had of Trade and Commerce with them ; the Marches of Wales secured from the Incursions of the Welch and the Northern Counties from those of the Scots ; abundance of Markets and Fairs granted more then formerly ; great store of Cattle brought in yearly from Ireland and Scotland ; and many a good and beneficiall Law and Act of Parliament made to remedy the peoples grievances , and better enabling them to performe those very ancient and legall duties of Pourveyances , or Compositions for them . Which may with us be understood to be the more reasonable , when the Pourveyance or Compositions for them in England , if they did yearly charge the people , or amount unto , as they did not , fifty or sixty five thousand pounds per annum , or thereabouts , did not yearly draw out of their Pu●ses or Estates so much as that which is yearly laid out in their buying of Babies , Hobby-horses , and Toyes for their Children to spoyl , as well as to play withall : or in the yearly charge of the Counties in the amending of the High-wayes , Treatments given to Harvest folk , Expences of an Harvest Goose or Seed-Cake , given to their Plowmen ; and keeping a Wake or Parish Feast every year , or the monies which the good women in every Parish and County do gladly rid themselves of in their Gossipings at the Birth of their Neighbours Children , and many other most triviall , chearfull , and pleasing disbursements ; and nothing near so much as this last years excess in the wearing of Perrukes or Periwigs ; some at three pounds , others at five or ten pounds price , which Clerks , and the smallest size of Tradesmen and Journymen , Apprentices , Ba●be●s , and Vintners boys must of necessity have to hide their heads and little wit is . Or in the womens long & needless Trains , or unreasonable length of their Gowns ( every Lady or Gentlewoman , or many ridiculous proud Citizens Wives being certainly not Dutchesses or Countesses , or allowed to have their Trains carried up ) to shew the length of their vanities , and informe the Common people , who do with abhorrence behold them how much better it would be to bestow that ten or twenty pounds per annum , so foolishly expended , upon the Poor in charity and almes deeds , then to make their tails the Beesoms or Deputy-Scavengers of the streets or places where they walk ; or the mony which hath been lately expended in altering or putting too many of the Common people into the low crowned little Hats or flat Caps , to cover the folly of every Absalom or Inhabitant in a hideous bush of hair or Periwig ; or their adorning them with as many Ribbons , as the vanities they are guilty of : or in the yearly or never murmured at charges or expences of almost all sorts of people , as well in the Countries as Cities , in the exchanging or following of Fashions , as if they were to make all the hast possible they could to purchase them , lest there should not be fools enough in the Nation , or that the ridiculous French Ape should not have enough to be of his Livery or Retinue . ▪ And as to the severall kinds of all those severall particulars , would make the foot of the Accompt to be a great deal more then that of the Pourveyance or Compositions for them , which was so easie and petit , as in most of the Counties of England it was many times not singly rated or assessed , but was joyned with some other Assesse . And in Kent , where ten or twenty times more being gained by the Kings residence at Westminster , more was paid then in any one County of England , was so little felt and regarded , as a Tenant paying One hundred pounds rent per annum for his Land , did not think it worth his care to reckon it to his Landlord , and demand an allowance for it . The Counties and Places which did pay most towards the furnishing of the Kings Household provisions , being those which abound most with them , and were the greatest gainers by their neighbourhood to the constant residence of the King and his Courts of Justice : And those which were more remote , had but little charged upon them , as all the 13 Shires of Wales but three hundred sixty pounds per annum , Herefordshire One hundred eighty pounds per annum , and that large County of York as big as three others , but four hundred ninty five pounds per annum . And may tell us how irrationall and uneven it will be for the people of England to rank with or above the care of their souls and Religion , their endeavours to preserve their Liberties , Customes and Privileges , some of which are hard and severe enough , as the forfeiture of the Widows Estates for life in their deceased Husbands Copyhold Estates of Inheritance for marrying a second Husband , unless they shall come into the Court Baron of the Lord of the Manor riding upon a Black Ram , and acknowledge such a fault committed : or the custome of the Manor of Balshale in the County of Warwick , where the Lord of the Manor was to divide the Goods and personall Estate of the deceased , with his Wife and Children : the custome of the Manor of Brails in the same County , not to marry their Daughters , or to make their Sons Priests without licence of the Lord of the Manor : or of the Manor of Brede in the County of Sussex , where the Widows are not to be endowed , or have dower of any of the Lands of their first Husband , if they shall marry again . The custome of some Manors that the Copiholder shall not sell his Lands unto a Stranger , untill he shall have first offered it unto the next of Kin , or Neighbour ab oriente solis , dwelling on the East side of him , who giving as much as others would do for it , are to have it : or where the Copiholder is to give his Lord a certain summe of money towards his charges in the time of Warre ; or to forfeit his land , if summoned unto the Lords Court , & doth wilfully make default : or that the Lord or Lady of the Manor of Coveny in the County of Cambridge , should have for every Fornication or Adultery committed in the Manor , a Lecherwyte , or penalty of 5 s. and 2 d. for selling a Hog without licence of the Lord of that Manor ; and five shillings for a Licence for any one of the Tenants Daughters to be married . And yet do all they can to infringe and abolish those iust , ancient , and legall Rights and Privileges of the Kings which should protect and defend them and theirs ; and being rationabilia & legitimè praescripta most reasonably and lawfully prescribed ought to be inviolabilia , quia nec divino juri nec legibus naturae , & Gentium , sive municipalibus contradicunt , inviolable when they contradict not the Laws of God , Nature , and Nations , and the Laws of the Land , as if all that is to be found in our Laws , and reasonable Customes should be only to protect the peoples Rights and Liberties , and the inferiour Members of the Body Politique , and to diminish and abrogate that of the Kings , the superiour more noble , and therefore the more to be respected ; or as if the power of a Prince should be the better when it is weakest ; a blind or decrepit pennyless Captain or Generall more usefull for their Warres then a Sampson a David , or a Solomon as full of Riches as W●sdome , and a Wooden Sword more for that purpose then one of Iron and Steel , or that of Goliah . How unjust as well as unreasonable it would be for the People of England , to rack and raise the Rents and rates of their Lands and Commodities , & increase their own Revenues and prices of victuals and houshold provisions , five or six to one more then it was when the Compositions for the Pourveyance was agreed upon in the third or fourth year of the Reign of Queen Elizabeth , and lay the burden thereof only upon the King , make him to be as an Amorite or Stranger in our Israel , and his own dominions , paying an enhaunced and oppressing Rate and Interest for food and provisions for himself and his houshold : and to receive his rents and other monies due unto him after the old rate , and buy at the new , take little more then four pence instead of a shilling in every summe which is paid him , and pay twelve pence for every groats worth which he hath occasion to buy , and drive or inforce him by buying all by the penny , and being left to the mercy of the Sellers to such a prejudiciall necessity or custome as would certainly undoe and ruine all the Nobility , Gentry , Clergy , Tradesmen , Mechanicks , and People of England , if they should but imitate him . And would without the help of our S●●taries or Levellers , have ere now destroyed and ruined the two famous Universities of Oxford and Cambridge , those great Lights and Fountains of Learning in our Nation , and have brought their Towring Colledges Halls , and glorious Buildings into their Rubbidge , or little more then a story to talk of as Travellers sometimes do of the heretofore University or Publique School of Stamford , if the Act of Parliament in 18 Eliz , had not better provided for them , and ordained , that a third part of the rents of the Lands belonging unto them , should be for ever reserved and paid in Corn , Malt , and other Provisions at their election . Or now to deny it him , when as if he or his Father , or Royall Progenitors could have foreseen any dislike or complaining of such an ancient and unquestionable Right of the Crown , he or they might by a restraint of their Bounties and Indulgencies have made themselves not only savers , but gainers by it ; or reserved more then that in their multituds of Grants and Fee-Farme Rents . And did never as Cromwell , that dissembling and devouring Hiena or Wolfe of the Evening , dig or teare up by the roots as many of our Laws and Liberties as he could , upon a pretence of defending and protecting them , call our Magna Charta in the worst Latin that ever Brewer or Englishman spake , Magna Fartae , imprison the Lawyers that pleaded for the Peoples liberties , and was so little sensible of their being tired or impoverished with Taxes , as he could , when he was lieutenant Generall of the Army of Reforming Harpies , give some Gentlemen of the County of Bedford , who complained of their heavy burdens , and the poverty of that County , no better an answer or ease , then that he would never believe they were unable to pay Taxes as long as they could whistle when they did drive their Plows and Carts . Nor did after the horrid Murder of his Father , and his own Exile and sufferings by an almost twenty years Rebellion of the greatest part of his Subjects , ( grown rich with the plunder and spoyl of those that adhaered unto him ; and having destroyed the Sheep , can now as if they were innocent , appear in Sheeps clothing , ) enforce those that rebelled against him and his Royall Father to compound , as King H. 3. did his Rebellious People ( all but the unhappy Robert Ferrers Earl of Derby , the Heirs of Simon de Mountfort Earl of Leicester , and some few others ) for their pardons or redemption of their forfeited Lands , by his Commission , or dictum de Kenelworth , according to the nature of their several Delinquencies , so as the greatest Fines should not exceed five years , and the lowest not be less then two years of the then true yearly value of their Lands and Estates , Neither as the late pretended Parliament and Oliverian Tormentors of all that were good , did in a more severe manner , when they forfeited , and would not permit many of the Loyall Party at all to compound , and constrained the rest to compound for a supposed fighting against the King , when it was well known , that they did really fight , and suffer for him ; made them to pay great and excessive Fines , some according to a third , and others a half of the full yearly value of their Lands and Estates ; and others in what arbitrary way they pleased for their personal Estates , and moneyes due unto them : And after they had proceeded so farre in the ruining of them , and granted them a slender Act of Oblivion , choaked with a great many of Provisos , did upon the loyall Attempts of some of them , to recall their King and Liberties , Decimate , and make those also that had not therein offended their Masterships of Sin and Rebellion , to pay and compound for a Tenth of their Estates , as if Loyalty had been a sin , and like that of Adam , the first Inhabitant in the world , been to be punished in all the loyall Party , and their Generations , squeese their Estates , or require any Contributions , or Summes of money of them more then of all the Loyall Party , towards the payment of many hundred thousand pounds sterling in Arrear , to themselves and the Souldiers which had been before imployed to ruine him , when after his most happy Restauration , he was contented for the quiet and welfare of the Nation to pay it out of his own Revenues & the publick and generall Contributions . Nor did in his Act of Parliament for a generall Pardon and Indempnity insert any Proviso for their good adhaering towards him and his Royall Crown and dignity ; or compel them as is usually done in cases of Pardons for Felony or Manslaughter to find Sureties for their better behaviour towards him and his People . But gave way unto his extraordinary mercy and compassion to a People who in the Career of their Sins , Rebellion , and Rapine , could not find the way to pity the sad condition of their Souls , Bodies , and Estates , and in all that concerned the good and welfare of his People , was willing to imitate and remember that Maxime of his blessed father the Martyr , that the Peoples Liberties did strengthen the Kings Prerogative , and that the Kings Prerogative is to defend the Peoples Liberties ; And was lately heard to say , that he would not , if he might , be absolute , or not restrained in many things by the Laws which he or his Royall Progenitors had made or granted , that the Laws of England were the b●st Laws in the world , that if the wisest men in the world had been appointed to make Laws , they could have made no better ; and that if they had not been made , he would most willingly make the same again . How little would be gained to the people by denying him the Pourveyance , or Compositions for them , who hath a just , most antient , and legall right to those their small Retributions , if he should restrain the bitings and oppression of their Markets and Merchandize , or by his removing his Residence and Courts of Justice from Westminster , make London and her twelve adjacent Counties , viz. Middlesex , Kent , Surrey , Sussex , Southampton , Essex , Hertford , Bedford , Cambridge , Huntington , Buckingham , and Northamptonshires , to loose more then forty times as much every year by it : Although he should not abate or bring down the rates of Rents and Provisions so low as King Edward the Sixth did intend to do , when to satisfie some of the discontented Commons and People in Armes and Rebellion against him , he did undertake , that there should be an Act of Parliament in the next ensuing Parliament , to lessen and reduce the Rents of Lands ( scarce half so high and unreasonable as now they are ) to what they had been forty years before . And how unequal it would be , that the People should by infringing of the Lawes , and by the improvement and high rack of their Lands and Commodities , take advantage of their own doing of wrong unto others , and that the Citizens of London , and the Inhabitants of the twelve adjacent Counties should desire his Residence to be so near his Chamber of London , and make him by the taking away of his Pourveyance so great a looser by it ; when if like the Sun in the Firmament , he should diffuse and carry his light and heat to all the parts of his Kingdom , and not make London and its neighbou●ing Counties an East or West-Indies , and the rest of the Kingdome to be as a Greenland , either by removing his Courts and Residence to Worcester or Ludlow towards Wales , or to York , the People of London , and the neighbouring Counties would as soon lament his absence and removall , as he would find the ease and benefit of it : as his Royall Father King Charles the Martyr did in the year 1640 , when he was at Newcastle with his Court and Army in the Borders of Scotland , where the rate or price which he allowed at London for the Provisions of his Houshold , according to the Compositions for the Pourveyance , appeared to be so much above the Market rates , as the People brought it in so plentifully , as he was enforced by his Proclamation to forbid the bringing in of such an overplus . And may to their cost hereafter believe that they shal be as little gainers by that small yearly sum of mony , which they do but think they shall save by the not paying the Compositions for the Pourveyance , or by the Kings acquitall of it , as they have been , or may be in his release of his Tenures in Capite , and by Knights service ; when they dream of that which may be imagined to be a benefit ; but when they are waking , will never be found to be so , and will in the yearly expence or accidents of the better and richer part of the People in the charges of finding Offices , defraying the Fees of Escheators and Feodaries , many Writs Process , and Suits in that which was the Court of Wards and Liveries , and their payment of Rents & Compositions for Wardships will not be enough to satisfie , or set against the very many great oppressions , mischiefs , and inconveniences which since the taking away of that Court , and the Tenures in Capite and by Knights service have fallen upon the Orphans or fatherless Children of that part of the People and their Estates , when the Wolves shall be made the Keepers of the Lambs , and every indigent or wastfull father in Law shall be a Guardian to those whose Estates he makes it his business to spend and ruine , or to transferre upon his own Children : and the charge and trouble of Petitions at the Councell Board , or more tedious Suits in Chancery to be relieved against them ; the pay of more Life-guards , or a small standing Army ( to keep the People within the bounds of their duty , and secure good Subjects from the mischief intended by the bad ) frequent Musters of the Trained Bands more then formerly , and of an Army to be hired upon an occasion of an Invasion , or the transferring the sedem belli , or miseries of warre into an Enemies Country , much whereof would not have needed to be , if the Tenures in Capite , and by Knight-service , those stronger Towers and Forts of our David , those Horsemen and Charriots of our Israel ; and alwayes ready Garrisons composed of the best and worthiest men of our Nation ; not hirelings taken out of the Vulgus , nor unlettered , unskilfull , and uncivilized , nor rude or debauched part of the people ; but of those who would fight tanquam pro aris & focis , as they and their worthy Ancestors ever used to do , for the good and honour of their King and Country , and the preservation of their own Families , as being obliged unto it by the strongest tyes and obligations of law and gratitude , which ever were , or could be laid upon the fortunes Estates , Souls and Bodies of men , that would have a care but of either of them . Or to put in the Ballance against the benefits which they had in the preservation of their Woods , recording their discents and titles to their Lands , and many a Deed and Evidence which would otherwise have been lost , or not easie to be found , and the help and ayd which their heirs in their infancies have never failed of in all their Suits and Concernments . And the seldome abuses of some naughty Pourveyors , and the complaints thereby do not any thing neer amount unto the immense gains of the people , of some millions sterling per annum , in their vast improvements of their Lands and Estates by the rack and rise of rents enhaunce of Servants and Labourers wages , and all commodities in all parts of the Kingdome before and since the Reign of Queen Elizabeth , when the Compositions for the Pourveyance were made and agreed upon , may seem but a very small yearly Retribution to the King or his Royall Progenitors for permitting so much as shall be reasonable of it : And the People of England might better allow him those small and legall advantages , which are , and will be as much for publique good as his own , then they do themselves in many of their own affairs one with another in many of their particular & private ends & advantages ; wherein the will and bequests o● the dead & their Hospitalls , Legacies , or Gifts to charitable uses , are not , nor have been so well managed as they ought to be . As may be instanced in those multitudes of charitable Legacies or Gifts in lands , originally cut out and proportioned to the maintenance of certain numbers of poor , or for some particular uses , which by the increase and improvement of Rents before and since the dissolution of the Abbies , Religious Houses , and Hospitals , did very much surmount the proportions which were at the first allowed , or intended for them . And with more Reason and Justice , then the City of London , and many of their Guilds and Fraternities do now enjoy divers Lands which were given for Lamps , and other superstitious uses , for which they compounded by order of the Councell Board with King Edward the Sixth for twenty thousand pounds , and more then that , which that and many other Cities and Towns do take and receive for Tolls , which being many times only granted for years ; or upon some temporary occasions are since kept and retained as rights : besides many Gifts and Charitable Uses since the dissolution of the Abbies and Religious Houses , amounting to a very great yearly value , which by the improvement and rise of Rents , beyond the proportion of the Gifts , or the intention of the Givers , have been either conveyed by J●yntures or leases to wives or children , or much of the overplus which came by the improvement , or concealed Charitable Uses , converted by the Governours of many a City and Town Corporate , to the maintenance of themselves , the Worship of the Corporation , and many a comfortable Feast and Meeting for the pretended good of the 〈◊〉 people thereof , who are but seldome , if at all the better for it . Some of which not to mention any of greater bulk or value , may appear in a few instances instead of a multitude of that kind , dispe●sed in the Kingdom as two Closes of Land , or Meadow Ground lying in the Parish of Shoreditch in the County of Middlesex , given by Simon Burton , Citizen and Merchant-Taylor of London , in the year 1579. unto St. Thomas Hospital upon condition , that the Governors of the said Hospitall should yearly give unto 30 poor Persons of the said Parish , on the 21 , 22 , or 23 dayes of December for ever the summe of eight pence a piece . Mr. William Hanbury , Citizen and White-baker of London , did by a Surrender in the year 1595. give unto Elizabeth Spearing certain Copihold Lands in Stebu●heath and Ratcliffe in the said County , to pay the Parson and Church-wardens of the said Parish for ever , to the use of the poor People there , two and fifty shillings yearly , which by consent of the Parish , is by twelve pence every Wednesday weekly bestowed upon the Poor abroad . And Mrs. Alice Hanbury Widow by her will did in the same year give unto Mr. George Spearing a Tenement in the said Parish , wherein William Bridges a Taylor then dwelled , upon condition that the said George Spearing , his Heirs and Assignes should yearly pay to the Churchwardens of the said Parish and their Successors , to the use of the poor and impotent People , thirteen shillings and four pence . And that whether the King be enough recompenced , or not at all recompenced for his Pourveyance , it would be none of the best bargains for the Subjects of England , or their Posterity , to exchange or take away so great and n●●●ssary a part of his Prerogative , or support of Majesty , as the Pourveyance or Compositions for them were , which in the Parliament in the 4 th year of the Reign of King James , were held to be such an inseperable Adjunct of the Crown , and Imperiall dignity , as not to be aliened , and some few years after believed by that incomparable Sir Francis Bacon , afterwards Lord Chancellor of England , to be a necessary support of the Kings Table , a good help , and justly due unto him : And the Learned both in Law and Politiqu●s in other Nations as well as our own , have told us that such Sacra Sacrorum ( is Baldus ) and Individua ( as Cynus ) termeth them , which Jurisconsultorum communi quodam decreto , by an uncontraverted opinion of all Lawyers , nec cedi , nec distrahi , nec ulla ratione ababienari a summo principe posse , cannot ( as Bodni saith ) be granted away , or released , no● by any manner of way alienated or withholden from the Sovereign Prince ; nec ulla quidem temporis diuturnitate praescribi posse , nor by any length of time prescribed against him ; and are therefore by Besoldus cal-called Imperii & Majestatis Jura & bona regno conjuncta incorporata , seu corona unit a quae princeps alienari nequit ; the Rights of Empire and Majesty , and the goods and part of the Crown so incorporate and united unto it , as the Prince cannot alien them ; which to attempt would not be much different from the endeavours to restrain a Prince by a Law not to receive or demand any Subsidies , Oblations , Civilities , or Respects from his People ; which like a Law against the Word of God , or contra bonos more 's . would by the opinion of our no less Judicious and Learned Hobart , Bacon , and Hutton , be voyd and of none effect , for the Presents and good will of Inferiours unto their Superiours , ( not bribes to corrupt Justice ) either for favours done or to be done , is one of the antient and most noble Customes which mankind hath ever practised , and began so with the beginning or youth of the world , as we find the Patriarch Jacob sending with his Sons to his then unknown Son Joseph , besides the mony which he gave them to buy corn in Egypt , a Present of the best fruits of the Country , a little Balm , and a little Honey , Spices and Myrrhe , Nuts and Almonds . Saul when he thought not of ever being a King , whilst he was busied in the enquiring for his Fathers Asses , did not think fit to goe unto Samuel the man of God , who was then accompted honourable , unless he had a Present to bring him . Most of the People of the East brought Presents unto their Kings , as was seen in the splendour and greatness of Solomon ; and sine quibus , as Grotius saith , Reges non adire solebant , did not without presents come a near their Kings ; and was a Custome long after not forgotten by the Kings or Wisemen coming out of the East to worship & adore our blessed Saviour at his Birth . The Persians in their Kings Progresses , did munera offerre neque vilia vel exilia , neque nimis praetiosa & magnifica , bring him Presents neither precious nor contemptible , from which etiam Agricolae & opifices , Workmen , and Plowmen were not freed in bringing Wine , Oxen , Sheep , Fruits , and Cheeses , and the first Fruits of what the earth brought forth , quae non tributi , sed doni loco censebantur , which were not received or given as Tributes , but as Oblations and Free gifts , which made the poor Persian Synetas , when he met with Artaxerxes and his Trayn in the way of his Progress , rather then fail of something to offer , hasten to the River , and bring as much water as he could in his hands , and with a chearfull countenance , wishes , and prayers for the health of the King present it unto him . Nor was not so altogether appropriate unto those Eastern Countries , where God spake first unto his People , and the Sun of his Righteousness did arise ; but was long agoe practised in England , where the custome was , as Gervasius Tilburi●nsis , who wrote in the Reign of Henry the Second , and lived in the Reign of King Henry the First , informs us upon all Addresses to the King qua●dam in rem & qua●dam in spem offerre , to present the King with some or other Presents , either upon the granting of any thing , or the hopes which they had that he would do it afterwards : And so usually as there were Oblata Rolls or Memorialls kept of it in the Reign of King John , and some other the succeeding Kings , and the Queens , or their Royall Consorts , seldome escaped the tender of those gratitudes of Aurum Reginae , Money or Gold presented unto them , as well as unto their Kings , and was a Custome not infrequent in the Saxon times , as appeareth by our Doomsday Book , the most exact and generall Survey of all the Kingdome , and so little afterwards neglected , as it was paid upon every Pardon of Life or Member , and so carefully collected , as it was long after in the Reign of King Henry the Third by an Inquisition taken after the death of Gilbert de Sandford , who was by Inheritance Chamberlain to the Queens of England , found that he had amongst many other Fees and Profits due unto him and his Heirs , by reason of that office six pence per diem , allowed for a Clark in the Court of Exchequer , to collect and gather the Oblation or Duty . Neither can there be any reason given why the Clergie , for whom God the ratio rationum incomprehensible wisedome and greatest perfection ordained so great a Pourveyance for them in their Tythes and Oblations , should enjoy it , and his Vice-gerent and Protector of them be without it , the Nobility , and many of the Gentry , and Laity not want it either in kind , or some other satisfaction for it , and all Cities , Corporations , Guilds , and Societies furnish out their grandeur and greatness derived only by reflection from that of the Kings ▪ and he only be deprived of that which should maintain his hospitality , and was so usefull to all other King● and Princes for the gaining of the affections of the People , Et a concilier ( as L●i● de Orleans saith ) L' amour de 〈◊〉 subject● quil● 〈◊〉 par le bouche & d' leurs le pe●ple au 〈◊〉 & les p●●ds a lateste pour affirmir le corps politique , et le l●er par ▪ une grac●●use voire necessaire correspondence ; and to procure the love of the people , who are taken by the mouth , and to fasten them unto the King , and the Feet unto the Head , strengthen the Body Politique , and unite all the parts thereof by a loving and necessary complyance , when he doth at the same time yearly pay and allow some thousands of pounds for the support and Pourveyance of his Councel in the Marches of Wales , and his Judges and Justices of the Peace , and other Officers in the Kingdom for the administration of Justice . Or for us to think that when God in his Government of his chosen people of Israel , in that his most righteous Theodratie , did command them not to delay the offerings of the First of their Ripe Fruit● and of their Liquors , and of their Oxen and their Sheep , and ordained , that if a Sheaf were forgotten in the time of Harvest , they were not to goe again to fetch it ; and when they did beat their Olive trees , they should not go ●ver it again ▪ and gathered their grapes , they should not gle●n them , for they should be for the ●tranger , the F●therless ▪ and the Widow , he would now be well pleased with such an unworthy sparing and avarice of Subjects , in withholding their Oblations from his Deputies , and disabling them from relieving the Strangers , the Fatherless , and the Widows . And that the rates of his houshold provisions being much the same , or very near unto those which were agreed upon by the Justices of Peace of every County ( who cannot be understood to be any Strangers to the rates and Market prices of every County ) might not be now as cheap afforded as they were then , or when they were cheaper in the ●3 ▪ year of the Reign of King Henry the Eighth , now not much above 130 years agoe , when 24 great B●eves were provided for a great and pompous Serjeants Feast at Ely house in London , where the King , Queen , and many of the Nobility , the Lord Mayor and Aldermen of London were present , ( such provisions being then probably at a greater price then ordinary , ) for 26 s. 8 d. a piece from the Shambles , a Carcase of an Oxe at 24 a●● s. 10 d. a piece , one and fifty great Veals at 4 s. 8 d. a piece , four and thirty Porks at 3 s 8 d. a piece , ninety one Pigs at 6 d. a piece . Capons ten dozen at 20 d. a piece , Kentish Capons nine dozen and a half at 12 d. a piece , Capons course nineteen dozen 6 d. a piece , Cocks of gross seaven dozen & nine at 8 d. a piece , Cocks course fourteen dozen and eight at 3 d. a piece , Pullets the best at 2 d. ob . a piece , other Pullets 2 d. Pigeons thirty seaven dozen at 10 d. a dozen , and Larks , three hundred and forty dozen at 5 d a dozen ; if the Magistrates of England , who are trusted by the Law with the Assi●e and correction of the rates and prices of victuals and houshold provisions , and the punishment of Ingrossers , Forestallers , and Regrators , did not sleep over their duty ; or too many of the Justices of Peace , and Lords of Leets did not finde it to be more for their own advantages to improve and raise their Lands to the highest rack , rather then reduce those now exorbitant rates and prices into that order which the Laws and Statutes of England do intend they should be . There being no just cause to complain of our payments to the King for his Pourveyance , or any other of his necessary affairs , when the cry and daily complaints of our want of money , is not so much by reason of our want of Trade , as our want of wit , by mispending that which should regularly and orderly maintain us and our Families ; and it is not our want of Trade , but our too much trading in pride , excess , and superfluities , which hath brought the Nation into that Hectique Feaver , and almost incurable Consumption , which hath now seised upon the vitalls of it , and would be very evident , if a strict accompt and view were taken of what hath been needlesly and vitiously spent within these last twenty or thirty years more then formerly in Apparrel , Diet , Wine , Tobacco , Jewels , Coaches , new Fashions ; greater Portions given with Daughters , then our Forefathers could either have given or thought fitting ; increase of Servants , Artificers and Labourers wages ; gaming by women as well as men , great interest and Brocage paid for money , and buying upon Trust to support their vanities ; and twenty millions sterling lately spent in the enterteynment of the Devil , and a most horrid Rebellion , and seeking for a Liberty ; to loose all our own Liberties , and may give us to understand , that if we had that money again , which was so foolishly mispended , those that could then lay it out , and now want it , might subscribe unto this undenyable truth , that there would be greater riches and less necessities seen in England , then in any other Nation , and enough and more then enough to drive the Trade thereof ; and that whilst the back and belly have vyed who should be most inordinate and profuse , the improvement of Rents , Wages , and Commodit●●s , have been to no better a purpose then to improve our vices , and the Nationa●l as well as particular miseries and damage , which are and will be the never ●a●ling concomitants and consequents of it : For no reason can be given why we should not as chearfully submit to any thing that tends to the support of the King and the Honour 〈…〉 Nation , as every Citizen of London and man of Trade will do to the furnishing of Pageants or publick 〈◊〉 for the honor and Reputation of their City or Company , or as the Universities sometime do in an Entertainment of the King , or their Chancellour , though they did at the same time contribute to the Pourveyance ; or as the People of England did in the 5 th year of the Reign of King Edward the 6th , when the Queen Regent of Scotland●n ●n her return out of France thither , desiring to take her Journy through England was by the City of London presented at her fi●st coming with Muttons , Beefe , Veals , Poultry , Wine , and all other sorts of Provisions necessary for the Entertainment of her , and her no small Train , even to Bread and F●well ; and when she departed to goe for Scotland , was after great and Princely Entertainments by the King at Whitchall conducted by the Sheriffs of London , to whose care the King had committed it , as farre as Waltham , and by all the Sheriffs of all the Counties through which she passed , untill she came unto the Borders of Scotland , her Enterteynment being provided by the Kings appointment at the charge of the Counties . Nor can it be for the honour of the English Nation to come behind the Jews , that stiffe necked and Rebellious Race of Mankind in their kindness and returns unto their Kings and Princes , who notwithstanding that pedagoguy and hard hand of Government , which the Almighty in his eternall Wisdome found necessary to put upon them in their releasing of Servants , and letting their Lands lye untilled every seaventh year , permitting their Debtors and Mortgagors or Ven●ors in every Jubile , or 50 year , to enjoy their Lands and Estates , and to be at liberty : their many and many times Free-will and Thanksgiving Offerings , Peace-Offerings , Sin-Offerings , costly Sacrifices , Feasts unto the Lord , and Journeys to Jerusalem , the Offerings which were brought and prepared for the building of the Tabernacle in such aboundance ( a readiness and zeal not now to be found amongst us , as formerly in the building of Churches , or repair of the Cathedral of St. Paul ) as God directed Moses by a Proclamation to restrain them from bringing any more : and their Males appearing three times in every year before the Lord not empty handed and their very large Offerings also at the Dedication of the Temple , when Solomon their King invited them unto it , and their Corban or money , often given to the Treasury of it , could not forget their respects and duty to their Kings in their Presents or Pourveyance for them and their Houshold . When God would not suffer the Majesty of Kings , shining as the beams & reflections of his divine Majesty upon the face of Moses when he came down out of the Mount from his conference with him to be abated or lessened , but shewed his care of it in the severe punishment of the gain-saying of Corah , Dathan , & Abiram , and their saying that Moses took too much upon him ; and is , and ever hath been so essentiall , & very necessary to the preservation of Authority and Government , and the Subjects and People under it : as Saul , when he had incurred the displeasure of God and his Prophet Samuel , desired him not to dishonour him before the People . And David , when he heard how shamefully his Embassadours had been abused by the King of Ammon , ordered them to stay at Jericho untill their beards were grown out . The Romans , who being at the first but Bubulci and Opiliones , a rude Company o● Shepheards & Herdsmen , and were looked upon as such a base and rude Rabble , as the Sabines their Neighbours scorned to marry , or be allyed with them , did afterwards in their growing greatness , ( which like a torrent arising from a small assembly of waters , did afterwards overrun and subdue the greatest part of the habitable World ; ) hold their Consuls in such veneration , as they had ( as Cicero saith ) magnum nomen , magnam speciem , magnam majestatem , as well as magn●m potestatem , as great an outward respect and veneration as they had authority , and were so jealous and watchfull over it , as their Consul Fabius would rather lay aside the honour due unto his Father from a Sonne ( of which that Nation were extraordinary obse●vers ) then abate any thing of it , and commanded his aged Father Fabius , the renowned rescuer and preserver of Rome , in a publique Assembly to alight from his Horse , and do him the honour due unto his present Magistracy , which the good old man , though many of the people did at the present dislike it , did so approve of , as he alighted from his horse , and embracing his Son , said , Euge fili sapis , qui intelligis quibus imperes , & quam magnum magistratum susceperis , my good Son , you have done wisely in understanding over whom you command , and how great a Magistracy you have taken upon you . And our Offa King of the Mercians in An. Dom. 760 , an Ancestor of our Sovereign , took such a care of the Honour and Rights due unto Majesty , and to preserve it to his Posterity , as he ordained , that even in times of Peace , himself , and his Successors in the Crown , should as they passed through any City have Trumpets sounded before them , to shew that the Person of the King ( saith the Leiger Book of St. Albans ) should breed both fear and honour in all , which did either see , or hear him . Neither will it be any honour for Christians to be out-done by the Heathen in that or other their respects and observances to their Kings , when the Romans did not seldome at their publique charge erect costly Statues , and Memorialls of their g●atitude to their Emperours , make chargeable Sacrifices , ad aras & in aedibus honoris & virtutis , in their Temples of Honour and Virtue , could yearly throw money into the deep Lake or Gulfe of Curtius in Rome , where they were like never to meet with it again pro voto & salute Imperatoris , as Offerings for the health and happiness of their Emperou●s ; and all the City and Senate , Calendis Januarii velut publico suo parenti Imperatori strenas largiebant , did give New years-gifts to the Emperour as their publick Parent , & bring them into the Capitol , though he was absent , and make their Pensitationes , or Composition for Pourveyance for their Emperours to be a Canon unal●erable . Or by the Magnesians and Smirnaeans , who upon a misfortune in Warre hapned to Seleucus King of Syria , could make a League with each other , and cause it to be engraven in Marble pillars , which to our dayes hath escaped the Iron Teeth of time , majestatem Seleuci tueri & conservare , to preserve and defend the Honor and Majesty of Seleucus , which was not their Sovereign or Prince , but their Friend and Ally . Nor any thing to perswade us that our Forefathers were not well advised , when in their care to preserve the honor of their King and Country , they were troubled and angry in the Reign of King H. 3. that at a publick Feast in Westminster-Hall , the Popes Legate was placed at the Kings Table , in the place where the King should have sate , or when the Baronage , or Commonalty of England , did in a Parliament holden at Lincoln , in the Reign of King Edward the First by their Letters to their then domineering demy-God the Pope , who was averse unto it , stoutly assert their Kings superiority over the Kingdome of Scotland , and refuse that he should send any Commissioners to Rome , to debate the matter before the Pope in Judgement , which would tend to the disherison of the Crown of England , the Kingly Dignity , and prejudice of the Liberties , Customes , and Laws of their Forefathers , to the observation and defence of which they were ex debito prestiti juramenti astricti , bound by Oath , and would not permit , tam insolita & praejudicialia , such unusuall and prejudiciall things to be done against the King , or by him if he should consent unto it . Or when the Pope intending to cite King Edward the Third to his Court at Rome , in Anno 40 of his Reign , to do homage to the See of Rome for England and Ireland , and to pay him the Tribute granted by King John , the whole Estates in Parliament did by common consent declare unto the King , that if the Pope should attempt any thing against him by process , or other matter , the King with all his Subjects should with all their force resist him : And in Anno 42 of King Ed. 3. advised him to refuse an offer of peace made unto him by David le Bruse King of Scotland ( though the War●es and frequent incursions of that Nation were alwayes sufficiently troublesome & chargeable ) so that he might enjoy to him in Fee the whole Realm of Scotland , without any subjection , and declared that they could not assent unto any such Peace , to the disherison of the King and his Crown , and the great danger of themselves . Or that William Walworth he gallant Mayor of London , whose fame for it will live as long as that City shall be extant , was to be blamed , when he could not endure the insolency of the Rebel Wat Tyler in suffering a Knight whom the King had sent to him to stand bare before him , but made his Dagger in the midst of his Rout and Army teach his proud heart better manners . Or Richard Earl of Arundel●nd ●nd Surrey did more then was necessary , when as he perceiving before hand the after accomplished wicked designe and ambition of John of Gaunt Duke of Lancaster , and titular King of Leon and Castile , did before the downfall of that unhappy Prince King Richard the Second , complain in Parliament that he did sometimes go arme in arme with the King , and make his men wear the same colour of Livery that the Kings servants did . Or that it was ill done by the Parliament in the 14 th . year of the Reign of that King , when they petitioned him , that the Prerogative of him and his Crown might be kept , and that all things done to the contrary might be redressed : Or that the Lords Spirituall and Temporal , and Commons in Parliament assembled in the 16 th year of the said Kings Reign , did not well understand the good of the Kingdom , when upon a Debate and consideration of the Popes Usurpation and Incroachments upon the Kings Regalities , and his Holiness Provisions made for Aliens and Strangers by the benefices of the Church of England , they did unanimously declare , that they and all the Leige Commons of the Realm would stand with the King and his Crown and Regality in the cases aforesaid , and in all other cases attempted against him his Crown and Regality , in all points to live and to dye : Or that our forefathers were not to be imitated in their stout assertions of the Rights of their Kings and their Regalities , when in their zeal thereunto Humphry Duke of Glocester , when the Pope had wrote Letters in the Reign of King Henry the Sixth in derogation of the King & his Regality , and the Church-men durst not speak against them , he did throw his Letters and Missive into the fire and burn them . Or that it can be well done by us to withhold from him that small retribution of Pourveyance ( which is a Duty established by a fourfold obligation , composed of a Right or Duty , a very antient Custome backt by the Laws of God , Nature , and Nations , the Oaths of Allegeance and Supremacy , and a contract made and continued by the people to their Kings , built upon the best and greatest of considerations , which the Prophet David in the 15 th Psalm , if it had not been ( as it is ) beneficiall to the people , but to some loss or damage , adviseth not to be broken ) and enforce him for want of it to give over his Housekeeping ; and deprive him of that Loadstone which might amongst many other of his daily graces and favours , attract and draw unto him the love and affections of his people , & the most iron & rusty hearted Clowns ; or leave our Trajan no wall for his ●erba Parietaria , sweet smelling flower to grow upon . Or that it can be any honour for our Lords and Ladies , who received their honour from the King and his Progenitors , and were in the Saxon Times called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Lords and Ladies from their Hospitalities , and giving of bread , to see , and not seek or help to remedy the greatest dishonour which in the consequence of it was ever put upon the Fountain of honour and a King of England , in Solio , in his Throne and full possession of his Kingdome ; and so much the more and without an example , because it is not in the Time of a Rebellion , but a happy Restauration , and in the time of Peace , after an end or conclusion of an intestine and barbarous Warre ; and so notorious as it hath been told in the Streets of Gath and Askalon , and stirred up some unmannerly fancies and pictures made by some of our envious Neighbours in reproach of it . Or that there can be any reason that those that think it reason that the King should recompence them for their losses and damages susteyned in his service , in doing their duty unto him , should not be as willing to give him an ease in his losses by any agreement made with them , which proves to be prejudiciall , or a damage unto him : or that we may not give our selves in assurance , that the Baronage of England , who in a Parliament in the 20 th year of the Reign of King Henry the Third , refused to consent to an Act of Parliament for the legitimation of such children as were bot● before marriage to Parents afterwards married , and clapping their hands upon their swords , cryed una voce , with one voice , nolumus mutare leges Angliae , we will never consent to change the laws of England , would now , if they were living , say more , and bewail the downfall of the Honor of their King and Country : And not only they , but all the then hospitable Gentry and Commonalty of England . Lament to see so good and gracious a King allied to all the greatest Houses , and Princely Families of Christendome , by a discent farre beyond the most antient of them , and an extraction of blood equalling , if not surpassing the greatest of them , and as well deserving of his People , want the means to support a Magnificence as high and illustrious as any of his Royall Progenitors , and not to be able for want of his Pourveyance to give his Servants Diet or Wages ; and that some of the principall of them , as the Treasurer and Comptroller , being sworn by the Orders of the House , that all things in the Kings House be guided to the Kings most worship , and that they search the good old rule worshipfull and profitable of the Kings Court used before time , and them to keep , and better if they can ; should have so much cause as they have to weep , as the Priests did at the destruction of the Temple of Jerusalem , and complaining that the beauty is departed from the Kings house , his Servants are become like Harts that find no Pasture , and they that did , feed plentifully are desolate in the Streets . Wonder what wild Boar out of the Forrest , or Fox out of the Wood have so destroyed and laid wast the Vineyards and the Gardens , the Beds of Spices , the Roses of Sharon , and the Lilies of the Vallies ; that some of our Temples should be gloriously re-edified , and our Zion repaired , and yet the glory of our Solomon and his housekeeping not restored , but his Servants ruined and their names , as to their pay and maintenance blotted out of the Registers , that the Winter should be past , the Rain over and gone , the Flowers appear on the earth , the time of the singing of the Birds come , and the voyce of the Turtle heard in our Land ; and the State and Magnificence of our Solomon and his Royall housekeeping , which would have heretofore astonished a Queen of Sheba , should be now most needlesly exchanged for a desolation , and bear all the marks upon it of a languishing Honour . That the Courts and Palace of our most gracious King Charles the Second , by a mischance of quitting his Rights of Prae-emption and Pourveyance , or Compositions for them , should as to many of its Attendants , have all the year turned into an Ember week , and be about Noon or Dinner time , like the silence and want of Company at Midnight ; or a representation of the middle Isle of the Cathedrall of St. Pauls in London , destitute of all its Walkers or Company but such as had nothing to buy their Dinner withall ; which heretofore begot the reproachfull adage or saying usually cast upon such men of distress and necessity , that they dined with Duke Humphrey upon a Traditional mistake , that the Monument of Humphrey Duke of Glocester was in the middle Isle of St. Pauls Church in London , when it appears by the Armes engraven therein to be a Beuchamp Earl of Warwick . And that the King of England , Scotland , France and Ireland should be necessitated to make a small Room in White hall , a place to eat his meat in , and be contented with ten dishes of meat for the first and second Courses for him , and his Royall Consort at Dinner , when most of the Nobility have as much or more , and the richest part of the Gentry , and most of the rich Merchants and Tradesmen of London do not think such a proportion in their ordinary way of Diet to be more then sufficient . And might remember that the Royall Pourveyance is , and hath been as well due to a Prince in his Palace , as in the Field or his Tents , and more deserved by a Prince in the time of Peace , and protecting us in the blessings enjoyed by it , then it is , or can be in the time of Warre , when every man is willing enough to offer it to a marching Army , that doth but hope and endeavour to defend them . And that God was so displeased with the refusers of it , as he resolved , that an Ammonite or Moabite should never enter into his holy and blessed Congregation , because they met not the children of Israel with bread and water in the way when they came forth out of Egypt . That it was reckoned as a crime upon the People of Israel , that they shewed not kindness to the house of Zerubbaal , namely Gideon , according to all the goodness which he shewed unto Israel . That it was not only Solomons stately Throne of Ivory over-laid with the best Gold , adorned with the Images of golden Lions , that supported it , nor the Forty thousand stalles of horses for his Chariots , and twelve thousand Horsemen , and the Tributes and Presents sent from many of the Nations round about him , but his Royall Pourveyance and Provision for his Houshold , the meat of his Table , sitting of his Servants , the manner of their sitting at meat ; and the attendance of his Ministers and their Apparel , which among many other necessary Circumstances of State and Emanations of Power and Majesty , joyned with the other parts of his Regall Magnificence , raised the wonder in the Queen of Sheba , and took away her spirits from her . That to overburden our Head , or heap necessities upon him , may bring us within the blame and censure of the Judicious Bodin , a man not meanly learned in Politiques , who decrying all unbecoming Parsimonies in a King or his Family , delivers his opinion , that sine Majestatis ipsius contemptu fieri non potest ea res enim peregrinos ad principem aspernandum , & subditos ad deficiendum excitare consuevit , that to lessen the number of a Kings Servants , or Attendants cannot be done without a contempt or diminution of Majesty it self , which may cause Strangers to despise him , and his own Subjects to rebell against him . That our Ancestors the Germans did well understand what a benefit the Common people had by the Princes Honour and Reputation , when they were so zealous of it , and ipsa plerunque fama belli profligant , many times found it to be a cause of lessening or preventing Warres . And St. Hicrom was not mistaken when he concluded , that ubi honor non est , ibi contemptus , ubi contemptus , ibi frequens injuria , & ubi indignatio , ibi quies nulla ; where there is not honour there is contempt ▪ and where there is contempt there are Injuries , and where anger and wrath are , there is no manner of quiet . That it must needs be a Prognostick of a most certain ruine to the Nation to be so addicted to our pride and vanities , as to take all we can from the head to bestow it upon the more ignoble and inferiour Members : Or to be so infatuated , and so farre fallen out with reason , as to believe that they can enjoy either health or safety , when the Head hath that taken from it , which should procure it . That our Ancestors who were so great Observers of their duties in the payment of their Tithes , as to take more then an ordinary care to give and bequeath at their deaths a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or Symbolum Animae , as a Mortuary or Compensation pro substracti●ne decim●rum person●lium ▪ nec non oblationum , for Tithes and Offerings ( the Pourveyance for those which served at the Alta● ) negligently or against their wills forgotten , & to such a value as their dextrarium ferro coopertum , best horse carrying the Armes ( not Escutcheons ) of its Lords and Master ; or if the party deceasing were no● of so great an estate , gave meliorem bovem , his best Oxe , and with such a solemnity as those or the like Mortuaries were led or driven before the Corps when it was carried to be interred ; or if not given in specie , were sure to be redeemed with money ; of which Thomas de Bello Campo Earl of Warwick , in anno 43 of the Reign of King Edward the Third was so mindfull , as he did by his last Will and Testament , give to every Church within his multitude of Manours his best Beast which should then be found , in satisfaction of his Tithes forgotten to be paid , would ever have made it their business to withdraw or hinder their Oblations and Duty of Pourveyance to God Almighties Vicegerent , the Keeper of both Tables , and the Protector of them ; or rejoyce in the Bargain which hath been made for the Kings acquittal of it ; or by plowing over the roots or by the filthy smoke and vapours of some particular private ugly Interests , have rejoyced in blasting and destroying that Royall Oak of Hospitality , which like the mighty Tree in Nebuchadnezars Vision reached unto Heaven , and the sight thereof to the ends of all the Earth , had fair leaves and much fruit , yielding meat for many ; under which the Beasts of the field dwelt , and upon whose branches the F●wls of heaven had their habitation , to the end they might make their own fi●es , and wa●me themselves by the withered and dead boughs and branches thereof . Or that the People of England , who were wont so much to reverence and love their Kings , and to remember benefits and favours received from them , as to give Lands and other Hereditaments in pe●petuity to pray for the health of their Kings , as amongst many others which may be instanced , Ivo Tallebois post decessum Gulielmi Anglorum Regis donavit Deo & sancto N●cholao pro animabus ipsius Regis ac Regine Matildae uxoris ejus ad augmentum victus Monachorum sanctae Mariae de Spalding decimam Thelonei & Salinarum de Spalding , gave t●e Tenth of his Tolls and Salt-pi●s to pray for the souls of William the Conqueror and Queen Matilda his Wife . Mauserus Biset , Sewer to King Henry the First , gave likewise in perpetual Almes 22 Acres of Land , and half of a Mar●e-pit , to pray for the souls of his Lord King Henry , and of him , and his Wife . And as Geffrey de Clinto● did in the Reign of King Henry the Third , and William de Whaplode in or about the 27 th year of the Reign of King Henry the Sixth , should be so willing to un-English themselves , and by a loathsome and ugly ingratitude , and for the saving & sparing of so inconsiderable an yearly charge , as their Oblations in the Royal Pourveyance , or Compositions for them amounted unto , make us to be every day more and more a by-word , reproch , and scorn to the Nations round about us , and entail upon us those dishonors , mischiefs , inconveniences damages and accumulations of evils , which may sooner be foreseen and prevented then remedied . And to fasten it on , and be very sure not to fail of it , will be content so as with the rich man in the Gospel , they may fare diliciously , live wantonly , and give entertainment to all their excesses of pride and vanity , to make themselves slaves to sin , and fool away their happiness : and if Lazarus be after his death carried with Angels into Abrahams bosome , it shall never trouble them untill death , and the fate of mortality shall bring them to be at leisure to think better of it . Can without any remorse of conscience , fear of Hell , honor and welfare of their Nation , care of Heaven after ages or posterity , see the piety good old virtues Customes and Manners of England murdered , and do all that they can to extirp and destroy them root and branch . And whilst too many of our Gentry can leave the Jack-daws to be Stewards of their formerly better employed stately well-built houses in the Country , bring their Wives and Children to London , and make some little Lodgings , or hou●es there to be their residence to learn what vices are most in fashion ; spend fifty or one hundred pounds at a time in a Treatment or Tavern at London , and be cheated and cozened an half or a third part in the reckoning , make a Feast at their Lodgings or Houses enough to puzle Lucullus , or Vitellius , Cooks or Professors in the Art of Gluttony at three or five hundred pounds charges . have their Oleo's Haut gousts Ambiges , costly Gallimauphries , or Hotch potches laid altogether in a dish , and that dish so big as the door must needs be taken off the hinges to make a stately passage to bring it in ; and after some hours spent in heightning and pleasing their appetites , and adoring Bacchus their drunken Diety , can let some of their Mortgaged Mannors and Lands run about the streets by day and night , in Coaches with dores and glass Windows , and be at the yearly charges of maintaining a couple or more of Coach-horses , as much fatted and pampered more then needs to be , as would provide more then a yoke or two of fat Oxen to kill at Christmas , when they shall be so good as to observe such Christian Festivals ; and instead of four or six proper serving men , as their old hospitable Grand●ires had in constant pay or salary to attend , or fight for them , upon no Tavern or Alehouse ●ray , or Quarrels , but just occasions , have only one or two Foot-boyes dressed up like some ridiculous Antiques to wait upon the Coach , by getting up before or behind it . Can see virtue and honestly only laid up in Books and Speculations , and be read as Romances and things impracticable ; truth reason , and conscience greatly talked of and a part of almost every mans daily pretences , but used as vagabonds incertilaris without any habitations , and very little to be seen , but the names of them made use of ( as the Gibeonites did their mouldy bread , old shoes and garments ) only for the people to cozen and cheat one another . Trade , the great Diana of our Ephesus , by a strange abuse of it , come to be the greatest cheat , oppression and tyranny of the Nation ; and Gods providence vouched for their thriving by it ; the numbers of the poor and oppressed daily multiplyed , pri●e , knavery , cheating and complement , those termini convertibiles ( not mercy and truth ) kissing each other , and making a League to cozen and deceive all such as are not of their trim society . And whilst they are chanting to the sound of the viols , drinking wine in Boules and stretching themselves upon their Couches , can without any brotherly kindness or compassion behold the sighing of the poor and needy , the widows and the fatherless , the misery of multitudes and those that have none to help them , will not deal their bread to the hungry ▪ nor bring the poor which are cast out into their houses , will not cover the naked , but hide themselves from their own flesh ; will not undo the heavy burdens , nor let the oppressed go free . But do all that they can , not only to banish the Kings hospitality , and his accustomed Royalties and magnificence from his Court and Palaces ; and as if he and his Servants were in a continual ●it of a fever , enforce them by withholding his Pourveyance or Compositions for them ( whilst they themselves do feast and revel in their own houses ) to a thinne and sparing diet ; and as to many of them , none at all , but to destroy the greatest and best part of the Hospitality of the Nation , which was wont to make those su●ves & potentes benificentiae nexus quibus seu compedibus animi illig●ntur , those gratefull ( as Marsellaer very well observeth ) impressions of benefits , which do as it were charme and oblige the minds and affections of mankind : A custome so antient , as it was no stranger● to Abraham , the friend of God , when he sitting in his Tent dore in the Plains of Mamre , invited the three then unknown Angels , and feasted them ; nor to the Father of the Excellent meek and humble Rebecca , when as Abrahams Servant or Embassadour was so well as he was enterteyned before it , was known from whence he came , and what his message was , and which the Jews ever after were so unwilling to part with as the good Nehemiah many ages after could in his then no great plenty or felicity , keep a great house , hospitality , and many tables , aswell for the Heathen , as 150 of the Jews and Rulers , and hath been justly accompted to be such a religious duty , as St. Paul allowed of the Agapes love or neighbourly Feasts , and exhorted the Hebrews to let bro●therly love continue , and not to be forgetfull to entertain strangers ; for thereby some ( meaning their old father Abraham ) have unawares entertained Angels . And being the love and delight of the Almighty that gave us all good things which we possesse , was also the Treasury and keeper of the peoples love ; and as much as concerned peace , and good will unto men , a part of the blessed song of the Angels at the Birth of our Redeemer ; and in our Ancestors dayes was best of all supported by a generous and well ordered frugality , and by the old Romans held to be so Essential to government , as they spared no cost in their Epulis , or Caresses of the people ; and was for many Ages past congeniall and connatural to the English Nation , who are abundantly taken with it , and justly accompted to be such an handmaid to Piety , as Geffery Earl of Essex , and Eustace his Wife did in the Reign of King Henry the second grant to the Nunnery of Clarkenwell totam decimam totius victus & procurationis ( provisions saith the Learned Sir Henry Spelman ) illorum & domus suae & familiae suae , the Tithe or Tenths of all the victuals and provisions of their house and family . And Maud of Mandevill Countesse of Essex and Hertford , in the beginning of the Reign of King H. 3. confirming the said Grant , doth it in more express words , viz. ubicunque fuerimus de panibus & potibus , & carnibus & etiam de piscibus , wheresoever they should be of bread , drink , fl●sh , and fish : And was such an effect of the magnificence & grandeur of the minds of the English Nobility , as Roger Earl of Warwick in the 23. year of the Reign of King Henry the first did grant unto Richard the Son of Jvo his Cook , afterwards taking the Sirname of Woodlow from their residence at Woodlow in the County of Warwick ( besides the Mannor of Woodlow with divers Lands and Priviledges thereunto belonging ; and a Yard land in Cotes in the County aforesaid , given by the said Earle to him and his heirs ) the Office of Master Cook in his Kitchin to him and his Heirs , which his Father theretofore held with all Fees of his Kitchen belonging to the Master Cook both in Liveries and Horses , as the Esquires of his Houshold then had , of which Alan the Son of that Richard being also in the said Office in the house of William Earl of Warwick Son of the said Earl Roger , who it seems could produce no Charter in writing thereof , obtained a grant and confirmation of the said William Earl of Warwick of the said Mannor , Lands , and Office , for which the said Alan gave unto the Earl ten shillings in money , twelve Ge●se , and a Fikin of Wine ; And a late experience , ( if antiquity had been altogether silent ) of the benefits which do come by it , hath sufficiently declared unto us the no dull operation or impulse of it , in that since the happy Restoration of King Charles the second , and the Kingly Gove●nment , a Gentleman high born , and of a great ●xtraction retiring into a Country where some part of his Estate doth lye , about one hundred miles from London , did by an Housekeeping and Hospitality becoming him , and his great Ancestors so winne the hearts and love of the people , though they were of a different Judgement and profession of Religion , which usually bege●s more animosities and ill will then it should do , as he became their darling whilst he was with them , and their sorrow and cause of tolling their Bells backwards , as a signe of some disaster , when he had occasion for a little while to leave them . And a Gentleman , or Faber fortun● suae , one that but lately had made his fortunes , in as remote a Country from London , and of some new fangled opinions in Religion distastfull enough to many in his Neighbourhood , did only by a charity of giving unto some numbers of poor people of the place wherein he lived , Beef and Pottage at his door twice or thrice every week in the year , so gain the love of the people , as they that would not otherwise have shewed him any love or favour , did not deny him either of them . When as too many can lay aside and neglect the care of obliging and gaining the hearts and affections of their Neighbours and Tenants , and making any shift to furnish and provide the excess and sinfull superfluities both of the belly and the back , will not let the belly want it , nor the back be without it . And those that have no mind or will to pay or make the King any recompence for his Pourveyance or Compositions , can without any grudging see the Pourveyance of the City of London , that Queen that sitteth like the afterwards unhappy City of Tire upon many waters covereth all our Island , and her Citizens by seeking to buy as cheap as they can , and to adulterate as much as they can , and sell as dear as they doe , all their wares & commodities , can make a costly enhance of all manner of houshold provisions , and extending their desires and attempts for that purpose to the remotest parts of the Kingdome , do by ingrossings , combinations , and other unlawfull Artifices of Trade , bring the fatness of the Flock , and the delicacies of Sea and Land to feed and furnish out the Luxuries of her own Inhabitants , and such as have a will to be infected with it , and make the whole Island to be too little to maintain her vice and avarice , insomuch as Salmons , which at Monmouth , being above 100 miles distant from London , were wont to be sold there for ten groats a piece , are now before hand bespoke and bought up by some Londoners , or their Agents for ten shillings a piece , and the Towns-men that did before e●joy a priviledge that all the Salmons brought to that Market should be first brought to the Kings Bord , and no Forreigner suffered to buy any untill the Town were first served , can now see themselves bereaved of their Prae-emption as well as the King is , whose Progenitors did at the first bestow it upon them . In Lincolnshire , above 70 or 80 miles from London , do so ingross and precontract for all wild fowl , Ducks and Mallards , as the Gentry of that Country where they are bred , and should have some cheapness & plenty of them , are resolving to be Petitioners to the Justices of Peace at the next Quarter-Sessions , that the Heglers and men of London may not be suffered to raise the p●ices of their Wild-fowl , nor carry them out of the Count●y untill it be first served . And as if all were not enough to enrich themselves , and undo others , can upon any accident or occasion , or but a supposi●●on of things which may happen , make and dresse up their pretences and supposed causes of p●ices to be ra●sed and e●hanced , to the great oppression and burden of all that are to buy of them , and but upon a late likelihood of Warres betwixt us and the Netherland united Belgick Provinces , whilst we are Masters of the Seas , and not under any probability of having our Seas disquieted , or Trade interrupted , have so greatly before hand raised the rates and prices of Sea-coal , Sprats , Salt , and the most part of transmarine Commodities , as they that shall believe that those and many more of their exactions which they will put and enforce upon the people by reason of a probability of that Warre , will without any just cause or reason for it in a short time amount unto more then six hundred thousand pounds , may well be understood neither to prejudice the truth , or their judgements in it . And if that , and such lately or more then ever practised courses shall not be enough to raise and swell the rates and prices of all sorts of Provisions and Commodities in London , and the Counties within 100 miles or more of the circumference of it , the unreasonable and extorting reckonings and Items of the Cooks and Vintne●s in London and Westminster , and their Suburbs , to their prodigall and unthriving Guests who ( in a custome near of kin to madness or the biggest sorts of follies which other Nations do never or so little use as they wonder at it ) do first eat their meat and delicacies , and leaving themselves afterwards to the curtesies , and as little co●science of the Cooks and Vintners , what they shall pay for it , will be sure to be a means to raise the rates and prices of victuals , and by their example impose it upon others , as high as the sharking of those that ask it , and the e●siness and carelessness of those that yield un●o it can lift it . And whilst they can pay their duties and rents of Blackmail and Cornage in many of the Northern Counties , which were at the first only yearly paid unto their Landlords for their protection against the Scottish Incursions now not at all either feared or endured ; and there and in other places pay Tithes though many times more in valuation then they were one hundred years agoe , three shillings four pence per annum for respits of Suit of Court , when there are not any Courts kept for many years together , or not all ; and Toll in many Cities and Corporations , which being granted for some few years for Murage , or the repairing or building of the walls of some Cities or Towns , is , as is to be feared , yet continued and taken , though the walls being almost ruined , and in their rubbidge , do now only serve to build houses upon , can willingly take the benefit of their small Quit-rents for Mannopera and Carropera Precaria , and Harvest work to some Landlords who for many years have neither had Corn nor Hay to cut or carry ; and for other services anciently due unto the Lords of Leets and Manors , which may now be believed to have been compounded for at easie and small rates , when as some of the Tenants of the Church Revenue of Canterbury , did pay but a penny per annum for that which was a rent of Twenty Eggs , now sold in London for a penny an Egg ; and for Hens and Benerth , which was a service of the Cart and Plough but sixteen pence per annum ; and do yet notwithstanding as many services perhaps as were bought or compounded for by their Quit-rents , though at the same time their Lords , if they would truly execute the power intrusted unto them by the King and his Laws , might in their Court Leets hinder and restrain their unreasonable and excessive rates and prices in the sale of victuals and houshold provisions ; pay the hundred penny , which is a peny given to the support of the Bayliffs and Officers of Hundr●ds , though in many of them no Hundred Courts at all a●e kept , a Scot or Tax towards the maintenance of the Sheriff and his Officers , who by their many illegall courses and exactions , are not to seek the way to provide for themselves , Ward-peny and Brigbote for watching and warding , and amending of Bridges , although they be yearly assessed in their Parishes for the same things ; much of the Romescot , or Popish Chimney-money , after the rate of a penny for every Chimney , which when it was ancienly paid in England , notwithstanding some opinions that it amounted unto a far greater summe , was but 300 Marks ) though by the Statute of 1 Eliz . it be forbidden . And for Rode Knights , or the service of being retained and and tied by their service or customes to attend their Lord or his Lady , or Wife in their journeys , or to Church , though many of them will notwithstanding for good will , and in hope of favours or benefits from their Landlords , if they be Justices of Peace , Deputy-Lieutenants of the County , or of such eminence and power as to be able to do them good or harme , be offering those , or many other services , and glad when they are accepted . The Merchants in London can pay Scavage or Shewage , which amounteth unto some hundred pounds per annum profit to the City of London , for leave to shew or expose their Wares or Merchand●zes to sale , though they do privately sell their Wares and Commodities in their Dwelling-houses or Ware-houses , and every petty Tradesman and Retailer hath , as a Freeman of the City , as much liberty at all times to expose to sale in his Shop , or in his House any Commodities or Wares belonging to his Trade . The people of most Parishes can pay ten times more to the Poor then they did but forty years agoe , and willingly contribute ; ( and it is very well done to ease their Ministers , who is but seldome troubled with a great Benefice ) to the providing of Surplices , Church-Bibles , and Service-books , though the Parsons or Impropriators have the Tithes and Glebes , and can every where without any complaint or murmuring , allow and rest contented with the Pigeon-houses of the Lords of Mannors , and of other private men , though they do yearly eat and devour as much Wheat , Barley , Beans , Peace and Oat● of the Neighbourhood , as the Pourveyance or Comp●sitions for it for the Kings House , and Provender for his horses , do yearly cha●ge the people . And whilst they can endure to pay more for their victuals , apparel , and necessaries , Servants and Artificers wages , and all that they have occasion to use through all the affai●s of humane life and occasions , only because they that demand it , will not , or say they cannot afford it cheaper , and be cheated and cozened yearly as much as will amount unto some hundred thousands of pounds sterling by false measures and weights , by the sleepiness and fellow feeling of the Guilds or Fraternities of Companies of Trades , & the carelesness and connivances of the Clerks of the Markets , will notwithstanding murmur and repine at every little Oblation , Payments , and Duties to their King , be as unwilling as they can to be satisfied of the reason of it , but make Hue and Cry after them : And when as a lea●ned Gentleman hath well observed , that the greatest care of good Subjects and Christians should be to fear God , and honor the King , do make it their business & best of their gains to cozen the King and the Church , and when shame hath not yet so left the world , as to leave it without some little startling or blushing at the being known , or discovered to have cozened any body , will never at all be ashamed to have cozened the King all they can . Which kind of publ●que villany the Civil● Law so detested , and desired to punish , as they reckoned but a debtor to the Exchequer or Emperors Treasury , being farre more innocent then those that cozen or defraud it amongst the number of the most heynous offenders tanquam minxerit in patrios ●ineres , as one who had pisssed upon his Fathers ( or Countries ) Ashes ; and as Murderers or Adulterers , denyed them the Sanctuary if they sought it of the Church . And when the Kings Royal Progenitors have taken so much care to prevent the decay of Tillage , as by the Statute of 25 H. 8. cap. 13. to ordain that no man should keep more then two hundred sheep upon any land taken to farme ▪ and for the increase of Tillage plenty , and cheapness of Corn , did by the Statute of 2 Ed. 6. cap. 13. ordain that no Tithes should be paid for wast or Heath ground improved unto Tillage , untill seaven years after the improvement , by the Statute of 4 ▪ Jac. cap. 11. made a Provision for Meadow and Pasture , and the necessary maintenance of husbandry ▪ and tillage in the Manors , Lordships , and Parishes of Merden , alias Mawerden , Boddenham , Wellington , Sutton St. Michael , Sutton St. Nicholas , Marton upon Lugg , and the Parish of Pipe in the County of Hereford by the Statute of 7 Jac. cap. 11. That none should spoil corn and grain by untimely Hawking : and by another Statute in the same Parliament , That Se●-sands might in Devonshire and Cornwall be fetched from the sea to manure Lands , paying reasonable duties for the passage through , or by other mens Lands with Boats and Barges . And the Assize of Bread throughout the whole Kingdome is by the Statute and Ordinance of 51 H. 8. to be yearly made and regulated by the Baker of the Kings house , do take all the care they can , that the Bread for his Houshold , and Oats and Provender for his horses may be at the dearest rates , and a great deal more then any of his Subjects do pay . And although he and his Royal Progenitors and Predecessors have made the best provisions they could for the breed of Cattle , and cheapness of meat by the Statute of 24 H. 8. cap. 9. forbidding the killing of weanling Calves under the age of two years ; That a milch Cow by the Statute of 2 & 3 Philip and Mary should be kept for every sixty Sheep , and a Calf reared for every 120 Sheep . By an Act of Parliament in 8 Eliz. cap. 3. That no Sheep should be transported : and by several Acts of Parliament , and otherwise , encouraged the drayning of huge quantities of Fenne Lands , and the imbanking of Marshes and Lands gained from the Sea , and his now Majesty hath of late to help the breeders and sellers of Cattle in their reasonable prices thereof , prohibited by an Act of Parliament the bringing in of any Cattle which were heretofore usually and yearly brought into England in great heards out of Scotland and Ireland , and doth yearly by his Royal Edicts and Proclamations , as many of his noble Progenitors , Kings and Queens of England , have usually done , enjoyned the strict observation of the Lent , will notwithstanding for want of his Pourveyance , or much of his houshold Provisions , as they ought to be served in kind , constrain him to pay in ready money intollerable dear rates and prices , for that which his Officers have occasion to buy for the Provision of his Household . Who speed no better when they buy or provide his Fish of those who might have had so much duty and honesty as to afford it cheaper , when his Royall Predecessors by the Statutes of 13 E. 1. cap. 47. and 13 R. 2. cap. 19. ordained severe penalties upon those that do take and destroy Salmons , Lampries , or any other Fish at unseasonable times , or destroy the spawn of Fish. By the Statute of 22 Ed. 4. cap. 2. That Salmons , Herrings and E●les be duly packed . By the Statute of 11 H. 7. cap. 23. That Englishmen may import and bring into England Fish taken by Forreigners . By the Statute of 2 Ed. 6. cap. 6. that no Officer of the Admiral●y should exact any thing of them which travailed for Fish. By the Statute of 5 Ellz. cap. 6. Fishermen and Mariners shall not be compelled to serve as Souldiers upon the Land , or upon the Sea , but as Mariners , except in case of Enemies , or to subdue Rebellions . By the Statute of 13 Eliz. cap. 10. allowed Sea-fish and Herring to be transported in English Ships with cross sails without payment of Customes . By the Statute of 39 Eliz. cap. 10. ordained Aliens to pay for salted Fish , and salted Herrings to be brought by them into England , such Customes as shall be imposed in forreign parts upon the salted Fish and Herrings brought thither by Englishmen . And our now gracious Soveraign mainteyns a great Navy to assert and defend his Dominion and his Subjects sole right of Fishing in the British Seas , and hath of late in the midst of his own wants for the better encouragement of his People to seek their own good , and that which our British Seas will plentifully afford them , given all his Customes inward and outward for any the retorns to be made by the sale of Fish in France , Denmark , and the Baltick Seas for seaven years from the first entrance into the intended Trade of Fishing . And when the Mayor of Kingstone upon Hull , or his Officers can at the same time obteyn of them better penyworths , and according to the directions of the Statute of 33 H. 8. cap. 33. have so good a Pourveyance allowed them , as they can take of all Fishermen priviledged for every last of Herring xxd. for every hundred of salt Fish iiii d. for every Last of Sprats viii d. of every person not priviledged , for every Last of Herring i● s. iiii . d. for every hundred of Salt-fish iiii d. and for every Last of Sprats viii d. as they did before the making of the said Statute . And when our Laws which have their life and being from the King and his Royall Progenitors , have by the Statutes of 3 and 4 Ed. 6. cap. 22. and 2 and 3 Philip and Mary , cap. 5. provided , that the prices of Butter and Cheese be not enhaunced , nor any transported without licence . That the prices of Ale and Beer shall b●●he Statute of 23 H. 8. be assessed at reasonable rates , and the Barrels and Kilderkins gauged . That Spices and Grocery Ware shall by the Statute of 1 Jac. cap. 19. be garbled , and not mingled . That Woods by the Statute of 35 H , cap. 17. & 13 Eliz. cap. 5. shall not be converted into Tillage or Pasture : And by the Statutes of 7 Ed. 6. cap. 7. & 47. cap. 14. that an Assize shall be kept as to the measures only of Coal , Tallwood , Bille●s , and Faggots . And some of our Princes have given by their Charters many & great Liberties & Immunities to the Companies of Brewers and Woodmongers . And King James did in or about the 11 th year of h●s R●ign upon his granting of some priviledges to the Town and Colleries of N●wcastle upon Tyne , cause the Host-men , or Oast-men of Newcastle to covenant to and with the King ( which they have seldome or never at all observed ) yearly to serve the City of London , and places adjacent with Sea-coals Winter and Sommer , at less then 20 shi●lings a Chaldron , and it was by the Statute of 32 H. 8 cap. 8. ordained , That none do sell Phesants or Partriches unto any but unto the Officers of the King ▪ Queen , or Princes Houses , upon the forfeiture of 6 s. 8 d. for every Phesant , and 4 s. 4 d. for every Partrich ; and did by their Charters , or allowances of Prescription grant Free-warren , and divers other Franchises unto divers Lords of Manors ; yet matters must be so ordered , as the King , though he buy with ready mony , must be sure to pay dearer for his Butter , Cheese , Coals , Beer , Ale , Billet , Tallwood , Faggots , Grocery-ware , Rabbets , Phesants and Partriches , then any of his Subjects . Took away by the Statute of 5 Eliz. the severity of the Statute of 25 Ed. 3. enjoyning small wages to Labourers and Artificers , and ordained , That the Justices in every County should by their discretion , according to the dearth or plenty of victuals , yearly at the Sessions held at Easte● , assesse how much every Mason , Carpenter , Tyler , & other Crafts men , Workmen , and Labourers , should have by the day or year , and limit proportions of Wages , according to plenty or scarcity : and by an Act of Parliament made in the first year of the Reign of King James , did amongst other things give a further power to the Justices of every County to limit and regulate the wages and hire of Labourers and Artificers , according to plenty and scarcity , that Act of Parliament being since expired for want of continuance , yet the King in all his occasions and affairs for Workmen and Artificers shall be sure to pay them rates and wages at the highest . Did by the Statute of 23 Ed. 3. cap. 6. provide , That Butchers , Fishmongers , Brewers , Bakers , Poulterers , and other Sellers of Victuals , should sell them at reasonable prices , and be content with moderate gains . And by the Statute of 13 R. 2. ca. 8. That all Majors , Bayliffs , Stewards of Franchises , and all others that have the order and survey of victualls in Cities , Boroughs , and Market Towns , where victuals shall be sold in the Realm , should enquire of the same . And if any sell any victuals in other manner , he should pay the treble of the value which he so received to the party damnified , or in default thereof to any other that will pursue for the same . By the Statute of 25 Hen. 8. cap. 2. when but a year before Beef and Pork was by Act of Parliament ordained to be sold at an half penny the pound , and Mutton and Veal at an half penny farthing the pound , and less in Counties and places that may sell it cheaper , and complaint was made in Parliament that the prices of victuals were many times enhaunced and raised by the greedy avarice of the owners of such victuals , or by occasion of ingrossing and regrating the same more then upon any reasonable or just ground or cause , ordained that the prices of Butter , Cheese , Capons , Hens , Chickens , and other victual● necessary for mans sustenance , should from time to time , as the case should require● , be set and taxed at reasonable prices how they should be sold in gross , or by retail , by the Lord Chancellor of England , Lord Treasurer , Lord President of the Kings most honourable Privy Councel , Lord Privy Seal , Lord Steward , the Chamberlain , and all other the Lords of the Kings Councel , Treasurer and Comptroller of the Kings most honourable House , Chancellour of the Dutchy of Lancaster , the Kings Justices of either Bench , the Chancellor , Chamberlains , under Treasurer , and Barons of the Exchequer , or any seaven of them , whereof the Lord Chancellor , Lord Treasurer , Lord President of the Kings Councel , or the Lord Privy Seal to be one , and commanded the Justices of Peace , and Lords of Leets to take a care that the prices and rates of victuals be reasonable : Yet the King must not have so much favour and kindness as the Tinientes or Magistrates in the Canar●es , or other parts of the Spanish Dominions , who by reason of their power and authority in the correction and rating of the prices of victuals , can have their provisions freely , and of gift presented unto them , or at small and reasonable rates and prices : or as the Lords of Leets , the Justices of Assise , Justices of Peace , Mayors , Magistrates of Cities and Corporations might have theirs , if they would but put in execution the Laws which are entrusted to their care and charges . Nor can have any thing at reasonable rates , but is enforced to pay dearer for the provisions of his house then any of his Subjects ; when as they that could receive his Majesties very large and unexampled Act of Oblivion , can only afford him in their Market rates , an Act of Oblivion for his protection and care of them , and for his many favours and helps in all their occasions and necessities , and for forgiving them many Millions of monies sterling , or the value thereof ; and as unto too many of them are willing that our King and Head should in the rates of his victuals and houshold provisions bear the burden of their follies and irregularities . Of which the plenty or scarcity of money cannot be any principal or efficient cause , as may be verified by an instance or example lately happened in Spain , where the calling down of money to the half value , to aswage the afflictions of a Famine , was so farre ▪ from the hoped for effect of abating the prices of victuals , and houshold Provisions , as they are now well assured , that the covetousness of the Sellers and tricks of Trade have added more to the heightning of those rates and prices then any want or abundance of mony . And it would therefore well become that part of the People of England , who by their intemperance and carelesness , as i● they were that Nation which dwelt without care , against whom the Prophet Jeremy denounced Gods heavy wrath and judgements , have brought and reduced themselves and their Estates into a languishing and perishing condition , and turned their backs upon the honor of Hospitality , to take into their more then ordinary consideration , that Sir Anthony Brown , a Privy Councellor ●●to King Henry Eighth ▪ did not deviate either from truth or prudence ▪ when he said that others apprehension of the Kings greatness ▪ did contribute as much to our welfare , as our welfare it self ▪ or Sir John Russel , a v●ry valiant as well as wise Statesman , Comptroler of the Houshold of King Henry the Eighth , and afterwards Earl of Bedford , when he declared that the Courts of Princes , being those Epitomes through which ●trangers look into Kingdomes , should be royally set out with utensils , and with attendance , who might possess all comers with reverence there , and fear elsewhere . Or that the learned and reverend Sir James Dier , Lord Chief Justice of the Court of Common-pleas in the 25 th year of the reign of Queen Elizabeth committed an error , when in the sage and discreet rules left behind him in a Manuscript for the preservation of the Common-wealth , he advised that the Prince should often appear unto his People in Majesty , and that the Courtiers should keep good houses . And if they will do no more , to do but as much as the Beasts and Birds being irrational creatures , do by their bodies natural , make it their greatest care to protect and preserve the Head of our Body Politique , and the honor and dignity of it , and keep it above water . And now that by his gracious Government , and return to us like the Sun to dispel the cold and uncomfortableness which the Winter of his absence had almost for ever fastned upon us . — Cum fixa manet reverentia patrum . Firmatur se●ium juris priscamquè resumunt Canitiem leges . — when our Parliaments , and our just and ancient Laws are again restored . — Claustrisque solutis . Tristibus exsangu●s andent procedere leges . and released from their former affrights and terrors . Not endeavour to abridge or endanger the hopes of our future happiness , by being to sparing unto him that was not so unto us . — Jam captae vindex patriae Ut sese pariter diffudit in omnia regni Membra vigor vivusquè redit color urbibus aegris . and redeemed our happiness from its Captivity . But rather imitate the Clergie of the Bishopricks of Gloucester , Chester , Oxford , Peterborough , and Bristol , who in the fourth year of the Reign of Queen Elizabeth , finding those Bishopricks to be much impoverished by the Earl of Leicester , and some other , who in their vacancies had gotten away a great part of the Revenues thereof , did by their Benevolences for some years after enable the Bishops thereof in some tolerable degree to maintain their Hospitalities . And our long ago departed Ancestors , who took it ill in the Reign of King John , ( with whom they had so much and more then they should contended for their Liberties ) that Hubert Arch-bishop of Canterbury should keep a better House and Feast at Easter then the King. And that Cardinal Woolsey in the Reign of King Henry the Eight should keep as great a state at Court as the King , exercise as great an Authority in the Country for Pourveyance as the King , and forbid Pourveyance to be made in his own Jurisdictions , which made an addition to the Articles of High Treason , or great Misdemeanors charged upon him by the Commons in Parliament brought up to the House of Peers by Sir Anthony Fitz-Herbert , afterward a learned Judge of the Court of Common pleas . So that our King may not for want of his antient rights of Pourveyance , or an Allowance or Compositions for them , the later of which as a means to make so unquestionable a right and priviledge of the Crown of England to be alwayes gratefull and welcome to them , was fi●st designed , set on foot & contrived by Sir David Brook Serjeant at Law unto King Henry the Eighth , and Lord Chief Baron of the Exchequer in the Reign of Queen Mary , and happily effected or brought to perfection in or about the 4 th year of the Reign of Queen Elizabeth , be necessitated to retrench or lay down his Royal Housekeeping and Hospitalities , or deprived of his means of Charity and Magnificence , which Jacob Almansor the learned Arabian King , who lived in Anno 654. and conquered Spain , was in his swarthy Dominions so carefull to preserve , as after that he had given audience unto Suitors , which were some dayes in every week , he usually caused a publique cry to be made , that all of them , as well rich as poor , should stay and take their refections ; and to that end furnished Tables for them with such abundance of provisions , as became the house of so mighty a King. And that if any forreign King or Prince should as Cecily Sister to the King of Sweden , and Wife to the Marquess of Baden , did by a far & a long Voyage come from the North into England to visit our Queen Elizabeth , and see the splendour of her Court ( which as to her Charity , splendour , and Hospitality , though so over-sparing in other things , and so unwilling to draw monyes out of her Subjects purses , as she lost the fair hopes and opportunity of regaining Calais , which was so much desired by her ) was very plentifully and magnificent , and with the allowance of many more Tables then have been in the times of her Successors ) they may return into their Country , as that Princess did with a wonder at it , and not be constrained to say as was once said of the glory of the Temple of Jerusalem , Who is left amongst you that saw this house in her first glory , and how do you see it now ; and that returning into the former good wayes , manners , and custome of England , we may not be damnati fat● populi , but , virtute renati . And that to that end we shall do well to leave ou● new and untrodded By-wayes of Error , made by the Raiser of Taxes , and the Filchers of the Peoples Liberties in the Glory of anothers Kingdome , now we have so wofully seen , felt , heard , and understood so very many mischiefs and inconveniences already happened , and if not speedily prevented , are like to be a great deal more , and hearken unto the voyce and dictates of the Laws of God and Nature , the Laws of the Land and Nations , Reason and Gratitude , and let our Posterity know that the honor of our King and Country is dear unto us , and that whatever becomes of our own Hospitalities , we shall never be willing to let the Vesta● Fire of the British and English Hospitalities , although most of our own are either extinguished or sunk into the Embers , go out , or be extinct in our King Palaces , or to abjure or turn out of its course so great part of the Genius of the Nation , but that we shall continue the duties of Praeemption and Pourveyance , which are as old as the first Generations of Mankind , and as antient as the duty of reverence of Children to their Parents . Dent Fata Recessum . FINIS . Notes, typically marginal, from the original text Notes for div A54689-e170 Accompts inter Evidentia Comitis Oxon. Stows Survey of London . Sieur Colberts Remonstrance of the benefit of the Trade to be driven by the French in the East-Indies . Lessius de Just. & Jur. lib. 2. cap. 21. n. 148. Cokes 4. part . Institutes 12 Ed. 4. c. 8. 25 H. 8. cap. 2. Epist. Rom. 6. Speed Hist. of England . Heylin . hist. Ecclesiae Anglicanae domes reformatae . Waler . Max. lib. 8. cap. 5. & Cicero in oratione pro Muroena . Notes for div A54689-e2460 Gervasius Tilburiensis . Assisa panis & cervisiae , and a Statute for punishing the breach thereof by Pillory and Tumbrell Anno 51 H. 3. Rot. Fin. 11 E. 2. Cokes 1. part . Institutes 70 Rot. parl . 25 ● ▪ 3. m. 56. Inter Recorda in Recept . Scaccarii inter Fines de tempore H. 3. Speed Hist. of Great Britain . M. S. in custodia Gulielmi Dugdale . Spelman Annotat. ad Concilia decreta & leges Ecclesiastica 349. Asser Menevensis de gestis Alfredi 19. & 23. Henry Huntingdon and William Malmesbury de gestis regum Angliae . Speed History of England . Stows Survey of London . Stows Survey of London , & Chronic . Robert Fabian — Heylin History of the Reformation of the Church of England . Scrinia Ceciliana 198. & 199. Spelman glossar . in voce Forefang , & LL. Inae ca. altero ante penult . Somners glossar . ad Brompton & alios veteres Angliae Historicos . Genesis c. 41. Sir Francis Moores Reports 764. Camden 2. part Annalls of Queen Elizabeth . Vide Act of Parliament or Declaration touching the Settlement of Ireland . Craig de Feudis apud Scotos dieg . 14. Parliament James 1. c. 8. Spelman Glossar . in voce Borrow mealis . 2 Parliament King James the 4 th . Choppinus de Domainio Regum Franciae lib. 1.15 . Tacitus de moribus Germanorum . Radenicus de gestis Frederici lib. 2. ca. 5. Besoldus de AErario principis & Bullinger de vectigalibus . Zecchius de principat . administrat . Varenius de Regno Japan . Genesis c. 14. Grotius Anonotat ad Genesin . 1 Sam. 17. 1 Sam. 25. 1 Sam. 25. 2 Sam. 8. 1 Chron. 21. 2 Reg ▪ ca. 4. Isaiah 16. v. 1. & Grotius Annot ad locum . Nehemiah 4.17 . Mr. Stephens Treatise of Synodals & Procurations Somner Glossar in appendice ad Brompton & ali●s veteres Historicos Angliae ▪ Skaeneus tit . de Herezeldis in Quon . Attach . c. 15. Alciat . lib. 1. Parerg. c. 45. & Spelman Glossar . in voce Heriotum & Neostadius de Feudis Hollandicis . Cowell interpret . verborum . Mich. 4. E. 1. coram Rege . Somners Treatise of Gavelkind . Cart. 17 H. 3. m. 6. in 2. parte Dugdales Monastic . Anglic . Rot. pat . 27 & 30 H. 6. Ex antiquo Codice M.S. de customes de London in Bibliotheca Cl. viri Galfridi Palmer Milit. & Baronetti Attorn . Generalis Regis Caroli secundi . Coke Comment . in Artic . super Chartas 542 543. Act of Parliament for Subsidies in 3 & 4 Car. primi . Charles Loyseau traictè des Seigneuries . Stows Survey of London . 9 H. 3. Sir John Davies Treatise of Impositions . Ad Cur. tent . ibid. Anno 5 & 8 E. 3. Glos. in verb. usque ad hoc tempus C. Servitium 18. q. 2. Sir John Heywards History of King Edward the 6 th Heylins History of the Reformation of the Church of England . Stows Survey of London . Sir Francis Bacons letter to the Duke of Buckingham . Baldus in proaemio seudorum & in Consil. 274. lib. 3. Cynus in l. si viva matre de bonis matern . Bodin de Repub . lib. 1. Besoldus dissert . politic . Juridic . de Juribus Majestatis , ca. 9. Genesis c. 43. 1 Reg. ca. 10. v. 15. & 25. Grotius Annotat . ad vet . testamentum . AElianus Hist. variar . lib. 1. Brissonius de regno Persiae lib. 1. Gervasius Tilburiensis . 20 H. 3. Lois d' Orleans ouuertures de Parlement ca. 8 Exodus 22. v. 29. Deut. 24. v. 19 , 20 , 21. Stows Survey of London . Heylin Ecclesia restaurata , or History of the Reformation of the Church of England . fol. 114. Levit. ca. 1. v. 2 , 3. & Levit. 2 , 3. & 25 Exod. 21 , 22 , 23 , 29 Deut. 15. & 16. 1 Sam. 15. 2 Sam. 10. Plutarch Apothegm . Speed Hist. of Britain , & Leiger Book of St. Albans . Zonaras in 2 part . Annal. Suetonius in vita August . Cassiodorus , lib. 6. Epist. 7. & Rosinus de Antiquitat . Rom. 54. Selden ad Marmora Arundeliana Mat. Paris 549. Walsingham Hist. Angl. 85. Rot. Parl. 40 E. 3. m. 78 , 9. Rot. Parl. 42 E. 3. m. 7. Rot. Parl. 17 R. 2. 16 R. 2. Coke 1. part . 5. Reports . 26 M. S. Francisci Junii fil . Francisci Junii in diatrib . de vocibus Lord & Lady . 20 H. 6. Vide Oath of the Treasurer and Comptroller of the Kings house . Cantic . 2. Deut. 23. v. 4. Judges 8. v. 35. 1 Reg. 10. & 2 Chron. ca. 9. Bodin de Repub . 6. Tacitus de moribus Germanorum , ca. 13 , & 14. Hieron . Epist. In LL. Canuti 102. & Dugdales Warwickshire illustrated , 679. & 680. Dugdales Warwickshire illustrated , 317. Dant . 4. Ex veteri libro M. S. Prioris de Spalding in Comitat. Lincoln ▪ in Bibliotheca Antonii Oldfeild Baronetti . Spelman glossar . 405. in voce Marletum . Dugdales Warwickshire illustrated . Pat. 27. & 30. H. 6. Amos 1. v. 6. Isaiah 58. v. 6 , 7. Marsellaer de legatis . Nehemiah 5.17 . Hebrews 13. v. 1. & 2. Selden hist. of Tithes , 319 , 320. Spelman glossar . in voce procuratio . Selden hist. of Tithes , 320. Dugdales Warwickshire illustr●ted 373. & ex ipso autograph . Spelman glossar in voce Mails . Lambard Itinerar . 212 Spelman glossar . in voce Scot. Idem glossar in vocibus Ward-peny & Brigbote . Spelman glossar . in voce Romescot . voce● Rode-knight Spelman glossar . in vo● Scavage . Vzzonius de mandatis principum , cap. 7. §. 1. Jeremy 49. v. 31. David Lloid in vita Antonii Brown militis . Idem in vita Johannis Russel militis Idem in vita Jacobi Dier militis . Claudian a● quarto Consulat . honor ▪ Claudian de Bello Getico● Heylin hist. Ecclesiae Anglicanae reformatae . Speed hist. of England . David Lloid in vita Davidis Brook , militis . In the life of Almansor , translated out of the Arabick by Robert Ashley . J. C. Heylin hist. Ecclesiae Anglicanae reformatae ▪ Haggai● ▪ Dan. 11. v. 20. 
A61099	----	Certain considerations upon the duties both of prince and people written by a gentleman of quality ... Spelman, John, Sir, 1594-1643. This text is an enriched version of the TCP digital transcription A61099 of text R28174 in the English Short Title Catalog (Wing S4937). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 59 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A61099 Wing S4937 ESTC R28174 10445597 ocm 10445597 45044 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61099) Transcribed from: (Early English Books Online ; image set 45044) Images scanned from microfilm: (Early English books, 1641-1700 ; 1390:11) Certain considerations upon the duties both of prince and people written by a gentleman of quality ... Spelman, John, Sir, 1594-1643. 24 p. Printed by Leonard Lichfield, Oxford : 1642. Attributed to Sir John Spelman--NUC pre-1956 imprints. Reproduction of original in the Bodleian Library. eng Monarchy -- Great Britain. Great Britain -- Kings and rulers. A61099 R28174 (Wing S4937). civilwar no Certain considerations upon the duties both of prince and people. Written by a gentleman of quality, a well-wisher both to the King and Parl Spelman, John, Sir 1642 11305 4 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-06 TCP Assigned for keying and markup 2004-06 Aptara Keyed and coded from ProQuest page images 2004-07 Melanie Sanders Sampled and proofread 2004-07 Melanie Sanders Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion CERTAIN CONSIDERATIONS UPON THE DUTIES BOTH OF PRINCE and People . Written by a Gentleman of quality , a Well-wisher both to the KING and PARLIAMENT . OXFORD , Printed by LEONARD LICHFIELD , Printer to the Vniversity . 1642. CERTAIN CONSIDERATIONS upon the duties both of Prince & People . AMONG many intemperances that minister disturbance to the Church and State , we have those , whose supine affectation of flattery has grown to that impudence , as that they have not only for learnings sake disputed , but in the name of the word of God , and at the time and place when we should expect no other then the lively Oracles of God , delivered , that the persons , and fortunes of all Subjects , are absolutely at the will and command of the Prince , to dispose according to his will and pleasure . To such licentiousnes , we need give no other answer , then only to demaund , that the maintainers of such Doctrine , would put us but a case , wherein ( those opinions of theirs being admitted ) a Prince can commit any Injustice , and that they would shew us , wherein lies the justice which the Scripture commaunds Princes to execute , and which it affirmes to be the establishment of their Thrones , and the violation of it to be their adversity or subversion . We have on the other side those , who finding it written , that Governours are for the good of the People , pursue it with Sophistry ; That the people are the end of Princes and Governors beings : and that therefore as their government is for , or against the good of the People , so may they be continued or deposed by them . To that end also there are opinions set on foot ; That all government first came from the people , and that all authority does in the last place reside in them ; That in every Kingdome the whole body of the people must of necessity contain , all power and authority whatsoever either is or may be erected in it ; so as that all the people or the greater part of them ( which amounts to all ) may by their votes , re-assume all power into their own hands : abrogate all Ordinances : anull the formes of present government : and new mould the State into such formes and institutions as best liketh them . These are falsities which yet lay hold upon reasons , and prevaile over the judgements of many that are understanding men , and which have no evill affection toward government , and these are of that consequence , as that they subvert the stability of all kind of government whatsoever . But were we shie of Iesuitisme , as well as of Popery , we would not with so little examination receive opinions , which we know had their first hatching in the Schoole of the Iesuite . The matter would require a very large field , should we set forth all things that fitly conduce to the support of the truth , but my purpose is to be very short . Therefore declining to controvert what may be , and usually is alleadged in the matter , I shall humbly offer to consideration such apprehensions of the truth as I have conceived lesse vulgar , & submitting them to the approbation or correction of better judgements , expect they shall returne unto mee , with confirmation , or rectification of my own private thoughts ; if from so mean a talent , no mite of benefit be raised to the publique , And first , we are to consider that the originall of Kingdoms is of three sorts , to wit , Naturall , ( which we may also call civill , ) Violent , ( or if you will , Martiall , ) or mixt of these two . The first was of Parents over their children , childrens children , and servants bought or borne unto them . In this , the person of the Governour was before the being of the Subject , and his authority , before ever the Subject consented , or had power to obey or disobey . Such a King was Shem , called therefore Melchisedeck , or King of righteousnesse . And a Prince of this kind was Abraham , after that by Gods command he had left his Country and his father Shems house , and lived of himselfe , and Kings of this nature were they that were intimated in the names of Abimelech , Abiam , Abiram , Abram , Abishalom , &c. And this soveraignty was not inherent to the person of the Father only , but from him descended , by right of primogeniture , to the eldest sonne , to whole rule , we see that God subjected the younger . The second sort of Kingdoms was wholly founded by the sword , over people that were subjugated by usurpers and invaders , such as followed the way of Nimrod : who being potent in his naturall dominion , used his power to the oppression of his neighbours , and changed the state of government into tyranny ; I say not the state of liberty , ( as if till then men had lived in solute liberty ) but changed the naturall government into that which is tyrannicall . The third sort had much what the same originall with the second : where people surcharged at home and forced abroad ; men in division ; in distresse ; in feare ; exiles ; and fugitives , distrusting their present condition , served themselves on the Wit , Spirit , and courage of some notable man ; to whose command they ( with such limitation of his power as they could agree on , ) subjected themselves ; and then falling into action prospered even into a Kingdom : from hence sprung our Moderne Kingdoms , more novell and various in their frame , and many of them so qualified , as not properly to be called Kingdoms , but rather Republiques under Regall stiles , with Princes elective , much circumscribed in authority , and obnoxious to deposing . Now in the first and second sort , apparantly the people had never any thing to doe with the institution and limitation of Soveraign Power : and though in the third sort they had more to doe therewith , yet not alike in all of that sort , nor had they the whole and sole power of instituting , scarce in any of that sort , so as we must rectify that misapprehension , that in all Kingdoms the first derivation of authority was from the people . In the next place , we are to consider ; that Kingdomes are not associations of men in their naturall capacityes : but communions of men quatenùs members politique , united in one common bond of obedience into one politicall body , where none can move to give his due aid for the weale of the body , but in the capacity of a politique member , and according to the peculiar office which every severall member properly ought to execute ; which office the members duly exercising , make a true and perfect civill Communion . Now though we consider a Kingdome as a meere Civill or temporall State only ; Yet even there , the observance of this communion is a duty strictly required of every member , even by the law of nature , or morall law , and by the law of God it selfe . For man having lost his originall righteousnesse or justice , and consequently the right of governing himselfe ; and being thereby necessarily subjected to the government of some justice without himselfe : it was necessary , for his owne good and safety , that he should not only be subject to that justice in the things that concerned the well governing himselfe toward others ; but likewise in those things that concerned his safety and defence from the violence of others misgoverning themselves toward him , and that necessarily brings in Empire . So that ( unlesse we can imagine some Kingdome to consist of people sprung of themselves , in perfection of righteousnes , not depending , nor obliged to God , or nature , nor obnoxious to those conditions to which the fall of man has subjected all men , ) we cannot devise how men should naturally be free from subjection to government ; and lesse , how ( being subject ) private men in any State , should in their naturall capacity , meddle with any thing concerning government ; or so much as goe about the making , changing , on anulling of ordinances ; or so compell Governours ▪ to doe them , without being criminally culpable ; not only against the positive lawes of the land , but even against conscience pressed with the bonds of naturall , or morall , and also divine law . Therefore to explicate the sense which all intend , but some ( not well distinguishing ) confound : It is certainly true , that all the people of a Kingdome must needs comprehend all power whatsoever is , or may be exercised in it : but when we say so , we by all the people , meane , the whole entire body of the members politique , from head to foot , every one of them abiding and working according to his proper and ordained office politique . But if beside their ordained office & power , any shall doe or attempt any alteration in the State , ( howsoever intended for common good ) their act must needs be so farre from being lawfull , as being from the beginning repugnant and resisting the ordained power , it can never become a lawfull act , though all the Subjects of a Kingdome should after consent unto it . But in the third place , we are farther to consider : That if the Kingdome be also a Church of God , then is the originall , and authority of it , of farre higher nature , and more remote from the reach and power of the people . It is true , God is King of all Kings , and highest Soveraigne in all Kingdomes , as well Heathen as Christian : yet , as he cautioned in the behalfe of his Church , that no stranger should be King there , but by any meanes one that was of the Brethren of the people : so in His Church He himselfe is a neerer and ( as it were ) a more cognate Soveraigne , then in other Kingdomes ; and his Vicegerents there , are of more immediate and more important subordination to him . For which cause he there reserves to himselfe the choice of the man , and leaves the people no more then the bare investing of him . Not but that God in all Kingdomes , makes Kings whom he pleaseth ; but he will have it known , that in his Church , the choice is not only his , and to be sought at his hand , but that he more strictly requires the observance of his right , in his Church ; then he does otherwhere . Therefore he expresly commands there ; Thou shalt in any case set him over thee , whom thy Lord thy God shall chuse . And as in his Church he to himselfe reserved the nomination ; so when he had nominated , he did not leave it to the people , there to declare the right and manner of the Kingdom : but by the Prophet by whom he signified his choice , by the same was the manner of the Kingdom declared to the people , written in a book and laid up before the Lord . Kings of Gods Church , having from God a more immediate and more sacred ordination , have also a more especiall endowment of his spirit , for which cause they have beene ever instituted with annointing , & their persons therewith consecrate , for the exercise of their function . This we see in Saul , whose person ( though he were a wicked Prince ) David in this respect declared so sacred , as that he pronounced a curse upon the Mountaines of Gilboa , because in them his person was cast downe and vilefied , without regard of the sacrednesse of his annointing . Their annointing therefore is not a meere outward solemnity , but is significant of the spirit of God in a more especiall manner given unto them , and from thence proceeds that which the Scripture witnesseth , A divine sentence in the lipps of the King , yea , and a sacred integrity also , His mouth transgresseth not in judgement . And suitable to their Prerogative of graces , beyond the ordinary of other Princes , God vouchsafes them his eare , with more favour and familiarity then to the other , as we may see by his ready hearing , gratious answers , vouchsafed messages sent , and will declared touching them ; not only to the good , as David , Salomon , Asa , Iehosaphat , Hezechiah , Iosiah , &c. but even to Coniah , Saul , Ieroboam , Ahab , Jehu , and other wicked Princes . And we not only heare God himselfe saying , by me Kings Raigne ; and I have said yee are Gods : but his word couples also the feare that is to be rendred unto Kings , with the feare that is due unto himselfe , Feare God and the King . Keepe the Kings Commandement , in regard of the oath of the Lord . Nor is it ordinary obedience that is commanded , but the highest ( under God ) Submit unto the King , as unto the Supreame . And that not for the danger that may ensue , but ( as the Apostle saith ) Not for wrath only , but also for conscience sake . Now if the King be supreame , then is there in no Kingdome any superintending power or authority , that may lawfully call the King to account : for that power only is the supreame , over which there is not any other to take account . So high and sacred is the authority of them whom God has made , nursing fathers , and nursing mothers , to his Church . When Kings then , both in their Persons , and Functions , are of so sacred an ordination , and so hedged in , by Gods especiall protection , where is there place for the people to interpose and meddle with the affaires that doe belong unto them ? besides , when without the Kings consent there can be no concurrence of people , to joyne in any accord for the disposing of any affaires of the Kingdome , but that the matter must first passe the project , sollicitation , and prosecution of diverse private men , no way thereunto authorized : how can any act of the people to such an end be justifiable , when an unlawfull beginning , ( what number or quality soever the attempters be of ) can never make a lawfull act ? Therefore omitting those places of Scripture , It is not fit to say to a King thou art wicked , Who may say to a King , what doest thou ? Feare God and the King , and meddle not with those that love innovation : And many others ( which yet block up the way against private mens medling with matters of government . ) If it were to be granted that the people in any Kingdome had power over all rights of the Kingdome ; yet unlesse that by the Ordinances of that Kingdome , it be expresly declared and appointed , how , and by whom , that power shall be executed , ( and by the way , where such Ordinances are , there is not a right Kingdome , but a Republique ) and againe , unlesse those ordinances be rightly pursued , there can be no combinement , to doe any such act , but with the guilt of Sedition , and Treason , in the sight of God . For it will lye against every particular man , betweene God and his conscience to answer , who hath called thee to this ? who hath separated thee ? who hath made thee a Iudge or an Executor of these matters ? And though it be pretended ( and perhaps intended too ) that the worke so to be done shall make for the glory of God and good of his Church : yet that will but little helpe the matter ; for , for men to doe God a good office against his declared will , is to be Gods good maisters , not his good servants . He does expresly command , that Every soule be subject to the higher powers ; and declares plainly , that the powers that are , are ordained of God , and that they that resist the power , resist the ordinance of God , and receive to themselves damnation : and our Saviour himselfe forbids us , that we doe not evill , that good may come thereon . The Scripture tells us the reason , for God hath no need of a wicked man , & he is best glorified when his voyce is obeyed . We have also the examples of Scripture to the same purpose . It did not only turne to sinne to Saul , that he , to satisfie the people in their devotion , spared the best of the Amalekites spoile to offer in sacrifice unto the Lord , when God had commanded that all should be destroyed : but it became a finall sinne even unto his rejection . And Vzza was strucke with suddaine death , for nothing but putting his hand to the Arke of Gods Covenant ; ( which no man but the sonnes of Aaron might doe ) yet Vzza did not doe it , but with a good and a pious mind to save the Arke of Gods Covenant from falling . Therefore it is not enough for men to be assured that the worke which they doe , in their consciences tends to a good and a religious effect : but they must every man have a sufficient warrant for his conscience , and for his calling to the worke ; that is , either the expresse word of God , or else such manifest inference and deduction from it , as by the concurrent judgement of the Church universally in all ages , is agreed for truth , not such judgment as some particular ministers take upon them to make , for the spirit of the Prophets , are subject to the Prophets ; that is the spirits of the particular , to the spirit of the universall : For God is not the author of confusion , which else would necessarily follow . Men therefore must looke to the ground & first beginning of their actions ; for if the root be evill , so will also the branches be , though it promises never so good fruit , and be countenanced by all the people of a Kingdome . If further we looke into Scripture , The story of Moses is not without some doctrine to this point . Moses having an ardent zeale to the reliefe of his brethren the people of God , and finding himselfe above others inabled to be the instrument of their deliverance , both by his extraordinary abilities , & also through the great power he had with Pharaohs daughter , perswades himselfe , and ( as appeares by St Stephens relation ) would have the people understand , that he was even then called to be their deliverer . Hereupon he makes his addresse to the people , and by the slaughter of one of their oppressors , takes say of their affection toward an attempt of liberty , as if there needed no more in the case , but that the people should resolve , and joyne with him to breake from the subjection of the King they lived under , who was an enemy to Gods Church . In this now , ( though we make no question but that Moses had a zeale acceptable to God ) yet may we see by that which followeth , that he had not yet a particular calling thereunto , neither was the way wherein he thought to have executed his zeale agreeable to the will of God ; therefore the people themselves ( whom Moses only sought unto ) they reject him : his attempt is frustrate , and himselfe is driven to repent it with forty yeares exile in the wildernesse . After that long space of expiating the errour of his selfe-led zeale , God calls him then indeed to the worke to which he came of himselfe before ; Come now ( saith God ) and I will send thee : and God sends him then indeed ; but sends him not to the people ( that we may know he sent him not before ) but ( though he could have made the people able to make their owne way by the sword , and could by his command have made it lawfull so to have done ) yet ( to teach us the observance of ●ustice and duty , in our proceedings ) he sends him to the King , of him to demand the dismission of his people , that so the peoples obedience to his messengers , and to the word delivered in his name , might be without any reluctance of conscience in regard of their allegiance to the King . When Moses did this way set upon the worke , all went the right way , and the unspeakable obstinacy of King Pharaoh , being aggravated by the fairenes of proceedings toward him , did to his condemnation before men and Angells , and to the magnifying of Gods justice redound the more unto his praise and glory . It is not inconsiderable that God by a Starre declared our Saviour in his birth to be the borne King of the Iewes ; and in that stile brought the wise men to worship him . And likewise , that when our Saviour ( to fulfill the prophesyes concerning him ) did solemnly present himselfe to Ierusalem : he suffered his Disciples publiquely to congratulate his comming by the name of King , and told those that were offended at it , that their gratulation was so necessary , as that if they should omit it , the stones in their default would have performed it also . That he himselfe before Pilate , maintained that he was a King , and at his death had his Crosse ( notwithstanding the Iewes opposed ) adorned with the Title , King of the Iewes : but when the people would have made him King , he refused their officiousnes and would by no meanes accept of that dignity from them : he would rather be without his right , then receive it either in a wrong way , or from a wrong hand : no , he would not at any of their instances so much as acknowledge himselfe to be authorized for a judge or divider amongst them . So little did he acknowledge any power in them to conferr crownes , or to have superintendence over them . But it is true , that when God had determined to make a division of the Kingdome of his people , the first King of the ten Tribes was of the peoples making , and was made in the way of reformation : but that you may know it was only permitted by God , that so he might give that stiff-necked people of the fruit of their owne hands , and make them an example unto others ; he designed Ieroboam King , which neither annointing , nor blessing , nor other ceremony then a rent : the Prophet rent the new coate into twelve pieces , and when he had done , he gave him none of them , but ( as if he would shew he should be a King in fact , not in right , in some way in which God would own nothing but the permission only ) he bad him ( as one would say ) be his owne carver , and take ten peices to himselfe . What the progresse of the story was we all know ; when the people had made a King of their own , then they and their King must have a Religion of their own fitted to their new framed Kingdome , and to effect that , the old Priests of God must be sent away , as absolute impediments to the setling of their new government : and when that was done ; then were they absolute indeed , and had as much authority over their God , as they before had taken liberty against their King : so it followed , that when the People had made an usurper King , their King and they made a Calfe their God ; and the summe of the peoples reforming their Kings misgovernance , and relieving their own grievances , was ; they made them selves a King that made them all castawaies : he himselfe the reproach of Soveraignty , and an infamous stigmatique to all posterity , and his sinnes for ever adhering to the People , till they had caused their utter extirpation , and till of free-borne Subjects under a King of their own , they became perpetuall slaves to the Subjects of another Kingdome . So unpleasing to God , and so pernitious to the people themselves , are the fruits of those reformations which only or principally are managed by the popular inclination , in which , though for the most part a desire of doing justice , or preserving true religion be pretended ; yet private discontent in some , and ambition in others , is commonly the chief and radicall incitement of the work . The means that belongs to private men to use , for reforming of Kingdoms , is that which the Apostle shewes , Let prayers , ( saith he ) and supplications be made for Kings and all that are in Authority , that we may lead a Godly life . The people must not with impatience and puffed up mindes invade Gods peculiar right , of calling Kings to account , but every man betaking himselfe to the reformation of himselfe , and to prayers unto God , must seek of him ( that has the hearts of Kings in his hand ) to dispose the Kings heart to the desired reformation . Many think this way long and tedious , and like better that the people should Offer themselves willingly , and help God in some readier way . But truly if such private reformation and prayer be the right means of publique good , and be too long neglected , that is the peoples own fault ; and they may not by their fault , gaine a power which before they had not . Yet true it is , that in great misgovernances , God often uses the peoples hand , to doe his work of Iustice , but that we may know the way is not right ; as not agreeable to his revealed will ; we shall finde that the work of justice that he so beginneth by them , he endeth not till he hath finished it on them , and his hand is never more heavy , then against that rodd , that in the way of injustice , hath done his justice service . But will you heare God himselfe taking cognisance of the misgovernance of Princes , and determining of it ? In the 81. Psalme , God declares himselfe to stand in the congregation of Princes , and to be judge among Gods ( so calleth he Kings there . ) Then he expostul●teth the matter with wicked Princes , How long will ye give wrong judgement and accept the persons of the wicked ? Then he complaineth , They will not be instructed , but walk on in darknesse , the foundations of the earth are out of square . The misgovernance is great and the consequence of it desperate , but does God in that case give the people power to reforme ? No clean contrary : God without any revocation still affirmes , I have said ye are Gods , and ye are all children of the most high , persons sacred , not to be approached by the prophane hands of the people : but to awe , and restraine Princes , he tells them , that though he has made them Gods , yet they shall dye like men , when they must make account to him of their misgoverning : so that God reserves the judgement of them to himselfe , and no whit authorises the people to have any thing to doe with their misdoeings . This is not to flatter Princes , to say God has appointed men no meanes to relieve themselves against their misgovernment , but only praiers , to be made either to them , or for them : and that men have not otherwise to meddle with the right of liberty and duties of Princes , then only by way of supplication . Nor is this a security for Princes , for though in a lawfull and ordinate way there be no other means , yet no examples are more familiar , then those in which the sinne , the injustice , and violence of wicked Princes , are in this world punished , by the sinne , injustice , & violence of wicked people , sometimes their own , sometime others subjects , Gods extraordinary and supream justice is tied to none of those regulations , with which he has circumscribed his ordinary justice committed to the administration of man , but ( as we said before ) we may still observe Gods indignation , not more fatally incensed against any , then against those whose wickednesse has put them forward to be the instruments of his extraordinary justice upon others . But to pursue the examination of the right that people may have in questioning and reforming the rule of Kings . Let us farther examine what we find in Scripture . David sinning by numbring the people , was enforced to his choice of one of three plagues , Famine , Sword , or Pestilence ; & Deus malum avertat , this is but a dolefull instance for the people . The King sinnes , and God laies all the punishment upon the people : Nay he gives not them so much as the choice of the punishment which they must suffer for the King , but the sinning King must choose , which of the three plagues , the innocent people must undergoe : this is strange , did not the great judge of heaven and earth doe right ? yes undoubtedly , and the matter was ; the wickednesse of the people had grievously provoked God , so as the King must be let goe , and suffered to fall into sinne , that way may be made for the peoples punishment . This seems no lesse strange on the other side ; that because the people sinne , therefore the Prince should be let fall : that for the transgressions of the land , the Prince ( as wee have it in another place ) should be punished with division and diminution , and many should be the Princes of the land : Nay , that for the sinne of the people , the Prince should be cast away , as in that place , If ye doe wickedly ye shall perish , you and your King . All this were strange indeed , should we consider Prince , and people , as persons strangers in interest to one another : but therefore these places shew the strict union , and indivisible mutuality of interest , that they have in the doings and sufferings each of other , beyond any thing that can be created by the meer constitution or agreement of men . This case of Davids further teaches ; that if when the sinnes of the people be grown high , it be any way necessary that the King be let fall into sinne before the People be punished : then are Kings immediatly between God and the people , and stand there like Moses in the gap , to with-hold the hand of God from the people , untill that they also by falling someway be removed . Again if the Kings transgression in government has the originall from the sinnes of the people ; then are the People the prime offendors , and first agents in the Kings transgression , and He himselfe is as it were accessary , and in a manner passive in it . We see that God himselfe here judged so , and laid the reall punishment upon the people , whom he accounted the originall sinners : as for the King ( to whom the sinne is verbally ascribed ) we see God reckons , as if he were only passive in committing it , and therefore inflicts no punishment on him , but what he voluntarily took upon him , an humbling of himself , and a compassionate fellowfeeling of punishment , such as a good common father has alwaies by the sense of his peoples suffering . It now followes plainly : that the people that have their hands in sinne , are no competent Iusticiars for hearing , judging , and reforming of any misdemeanours ; especially of those in which they themselves ( having the principall hand ) are the principalls ; and lesse , where the person questioned , is but an accessary , drawn in by them : and least of all , where he is a person sacred , and one so much superiour , as by Gods ordinance to stand immediatly betwixt God and them , sure , he that would not suffer one with a beam in his eye , to pull a moat out of the eye of his brother ; does not permit him to doe it toward one so much superiour as his Prince : nor suffer guilty Subjects to arraigne their soveraigne ; guilty servants , their Lord ; nor guilty sonnes their common father . To conclude , we may consider the unlawfulnesse of popular animadversion into the manners and government of Princes , ( especially of Princes that are lawfull Christian Monarchs ) even in this alone , that there are no received , nor known bounds of limitation , how farre people may walk in the way of questioning and reforming the errours of Princes , but that if any thing at all be lawfull for them to doe therein , then may they without restraint proceed so farre as to depose Princes , and deprive them of their lives , if ( according to the doctrine of the Iesuite ) they finde it for the good and reformation of the Church and Commonwealth , which how well it is warranted by the word of God , we may see plainly enough in the case between Saul and David . Saul was King , but , misgoverning himself and the Kingdom , became as bad as excommunicate and deposed : for he was rejected of God , and David was by Gods expresse command annoynted to be King , all which notwithstanding ; neither David nor the people ever sought to depose him ; to renounce obedience unto him ; to combine against him ; question his government , or so much as meddle with ordering any of the affaires that belonged to the King . Nay , Saul after this persecuted David unjustly , and in the midst of his unjust and hostile persecution , was delivered into Davids hand , and it was of necessity that David should take the advantage and kill him , for he could not otherwise have any assurance of his owne life : David did then but even cut of the skirt of Sauls garment , to the end it might witnesse his faithfull loyalty , because it made it manifest he could as easily have cut the thread of his life ; and even for this , his heart so smote him , as that he cries out , The Lord forbid that I should doe this thing to my Maister the Lords annointed , to stretch forth my hand against him . That was not all neither , but there were more circumstances in the case , Saul was not yet reformed , and going on still , was another time delivered into Davids hands , and the people both times understood it , the speciall delivery of his enemy into his hands by God , and would have embraced the opportunity and have made him away : David restraines them still with the same bridle ; The Lord forbid &c. and tells them , Who can lay his hands on the Lords annointed and be guiltlesse ? No , David ( though already annointed ) would tary Gods time , the Lord should smite Saul , or his day should come , or he should descend into battaile and perish , but Davids hand should not be against him . No whatsoever Saul was , or whatsoever he had done ; neither his falling from God , nor Gods declaring him rejected , nor Davids annointing by Gods command , nor Sauls unjust persecution of David the Lords annointed in future , could dissolve the duty of his Subjects , nor make it lawfull for them to lay their hands on him , no not when he was in wicked hostility against them . But Saul in Davids account , was still the Lords annointed , still a sacred person , still Davids maister , notwithstanding the circumstances which might seeme to have discharged the tyes of duty which David and the people did formerly owe unto him . Neither is the annointing of Kings a thing sacred as to their own Subjects only : but the regard thereof is required at the hands of strangers also , because of the prophanation and sacriledge that in the violation of their persons is committed even against God . Wherefore , we see that though the Amalekite were a stranger , and made a faire pretence , that he had done Saul a good office , when at his own request he dispatched him of the paine of his wounds , and of the pangs of his approaching death : yet David ( taking his fact according to his owne confession ) makes a slight account of the causes which he pretended , as a frivolous extenuation of an haynous fact , and condemnes him , though a stranger , as an hainous Delinquent against the Majesty of God . How wert thou not afraid ( saith he ) to stretch forth thy hand to destroy the Lords annointed ? neither his being a stranger , nor any of the other circumstances were so availeable , but that his bloud fell deservedly upon his own head . The act is in it selfe perfectly wicked , and in the degree hainous ; altogether against the word of God : and therefore all actions of Subjects , that in the progresse of them tend , or by the way threaten to arrive at that upshot , are all unlawfull , fowle , and wicked ; and not only the actors themselves wicked , but their assistants , favourers , those that wish them well , or ( as St Iohn speakes ) That bid them God speed , are partakers of their evill deeds . But errour in this point , has made such impressions in the mindes of many , as that they will never be perswaded , but that they may disobey and resist Authority , if ever they finde it faulty , or the commaunds thereof not agreeing with their consciences . They will grant , that they may not disobey Authority in the lawfull commaunds thereof , neither doe evill that good may come thereon : but then , they themselves will be the judges what commaunds are lawfull , and what not ; what things good , and what evill ; & so they make obedience arbitrary , and government ( by pretending conscience ) at the discretion of the Subject : yea , though the things whereat they take check , be of their own nature indifferent , or doubtfull , ( and therefore not matters of faith ) yet will not they submit themselves , nor their opinions unto any , no not to the judgement of the Church they live in , no not to the judgement of the Church Catholique , nor to the authority of it , even in the purest times thereof . But they from the authority of their own opinions , or from the authority of such Teachers , as they themselves have chosen to themselves to be their guides , they will both censure , condemne , disobey , and revile the Ordinances of their Church , and the Governours thereof , so secure in opposing imaginary , or at least unproved superstitiō , as they will not see how incompatible , self-will , presumption , disobedience , arrogance and railing are with true Religion , nor that the false Teachers , and their Disciples ( which our Saviour and his Apostles foretold should be in the last and perilous times , and which St Peter calleth cursed children ) are not only described by this , that they have a forme of Godlinesse , but deny the power thereof . That they are in sheeps clothing , but are inwardly Wolves . That the fruit they beare is not answerable to the tree they seem to be . That their way of working is after the way of private insinuation , creeping into houses , and leading silly Women captive . Having itching eares , and after their own liking heaping to themselves teachers . That they be they that separate themselves , and the like . But they are especially described to be Traiterous , Heady , high-minded , to be such as despise government , as are presumptuous , self willed , and not afraid to speak evill of dignities . And again that they despise dominion , and speak evill of Dignities . And that they Perish in the gainsaying of Corah . now we know that the sinne of Corah was , that he ( being a Levite , and countenanced by an hundred and fifty Princes of the assembly , famous in the Congregation , and at least fourteen thousand seven hundred of the people ) upon his own private opinion ( to which also his followers adhered ) that both he , and all the Congregation were holy , and might offer incense before the Lord as well as Aaron , Charged Moses and Aaron that they tooke too much upon them , and that they exalted themselves above the Congregation of the Lord , and therefore they holding themselves in a parity of authority with them , would not appeare on their Summons , nor be obedient unto them . Yet ( as if these passages of Scripture nothing concerned our times ) we are nothing shie of those things whereof they doe admonish us . There be some , that justifie , that private men may resist authority , when it would doe that which is hurtfull to the Church of God , yea , that it is then their duty to resist it , that such resistance is no disobedience , no rebellion , no sinne at all . These swallow that which may not be granted , viz : that they are competent Iudges of the Churches hurt , and besides they make the rule that our Saviour gave us for discovering teachers of false Doctrine to be nothing worth . Our Saviour tells us , we shall know them by their fruits , as granting fruit to be a thing apparant , knowne of all and unchangeable : but these men make the fruit to alter according to the diversity of the tree that beares it , though otherwise it have the same shape , taste , and vertue . For example : disobedience , resistance of authority , sedition , and rebellion , are by the law of God , and by the law of nature , agreed both by Christians and Heathens to be evill fruits . But these men ( and Iesuites ) tell us that resisting authority , and raising force against it , thereby to worke the good and safety of the Church of God , though done by Subjects , is no resistance , no rebellion , no sinne . The fruit has lost his own nature , which in it selfe was nought , and takes a new nature of goodnes , because it was brought forth by the good tree of piety toward the Church of God . So our Saviours precept is made of no effect , and we must learne of the Iesuite , to un-know a knowne thing , and know it for some other thing , then ever we knew before , and that by a new way too ; viz : by that which is not to be known of it selfe . We must know the fruit by the tree . We deny not , but that authority may commaund things , that by no meanes at all ought to be done , and that then we must not doe them : but those things are such as are manifestly contrary to the expresse word of God , and principles of Religion . And even in them we are only simply to refuse the doing of the evill commaunded , without any actuall resistance otherwise , and so doing , our not obeying , is not to be counted disobedience ; because it being necessary obedience to the expresse word of God , the primitive Soveraign of all authority : it can never be disobedience as to the derivative . But where authority commaunds nothing against the expresse word of God , and principles of Religion ( as in things disputable it doth not ) there , except the Governours that are the derivative be obeyed , God , the primitive is disobeyed . For he strictly commaunds obedience to his Vice-gerents , even in every ordinance of man . But we are also to take heed we play not the hypocrites with God . When thinking to doe a good office to the Church or State , we resist authority , that presses us with that , which ( as we suppose ) threatens depravation of true Religion , or due liberty . For what know we but that by wrongfull suffering ( whereto all are called ) God calls us to a tryall of our faith , patience , and obedience in that way , which if we doe not shew by keeping close to his command , not turning on the left hand to doe any evill though commanded , nor on the right hand to resist authority with violence , although it hath commanded evill , we then refuse Gods tryall , and with an unseasonable zeale for Religion , and for our wordly rights , we contrary to Gods commaund resist his lawfull Vice-gerents , & the excuse we have for it , is little better then like the Pharisees , to say Corban , God shall have profit by it in the good that we shall doe his Church thereby , and make the precept of God of no effect ; and antevert the glory that god seemed to seeke in our tryall : And having so justified our resistance , we must then call it pious , and an act of duty , and such as God requires , and so make God the author of our sinne , and lodge it where we can never repent us of it . There may undoubtedly be such pressures laid upon Subjects ▪ as that humanity cannot but commiserate , and perhaps in some part excuse their impatience and resisting of them . But the pittifulnes of the case cannot make the resistance lawfull , though we remit much to the doers , we must yet condemne the fact ; and though their sufferings wash away much of the soile that would make both the deed and the doers more odious , yet must they be content to confesse the deed to be evill . But to justifie it , were to commit the accursed sinne of calling good evill , and evill good ; yea , the sacrilegious sinne of making God weake and wicked , who for the necessary support of his Church , should stand in need , and require not only the helpe of sinfull men , but even of their sinnes also . Private men , in things not plainly forbidden , cannot say they resist not authority , but sinne : not the lawfull power , but the licentiousnes of them which abuse it : for they have no authority to distinguish . And if they offer to pull the mote out of the Governours eye , they will put a beame into their owne . For though we be every one tyed to resist sinne in our selves that we commit it not ; yet are we not every one tyed to resist it in others , that they commit it not ; and we must leave every thing to be rectified by those only , to whom it properly belongs ; and where there is no ordidinate meanes of reforming , there God has reserved that particular case unto himselfe , and we must not justle him out of his tribunall . We might in this place remember also what infinite doubts , and questions ( perpetually ensnaring and wounding the consciences of private men , and with continuall disturbance and divisions threatning the ruine of the State ) doe follow the admitting of this one opinion : that when other remedies faile , Subjects in case of necessity may leavy Armes , and defend their Lawes , Liberties , and Religion , against the oppressors of them . For what shall be sufficient necessity ? and who shall be judge of it ? what way , and how farr may Subjects so proceed ? who shall commaund ? &c. But it is impossible to set forth all the branchings and consequents of errours , or the confusions that follows upon them . We might also remember , what dangerous straines and snares these opinions are to those that have taken expresse oaths of obedience and allegiance ; but we hope , that this shall be hint enough to stirr men up to take heed , how they entertain such opinions : and if already they have been led away with them , they make a more advised examination of the matter , and like good Christians be content ( whatsoever censure fall upon their actions past , or whatsoever diminution upon their present esteem ) they will yet submit , that Gods truth may not be corrupted , nor his holinesse blasphemed , but that , as the Psalmist faies , he may be justified in his sayings and be cleere when he is judged , yea that God may be found true and every man a lyar . We do not all this while contend that Princes are without law , we have in the entrance of our discourse shown the contrary : and we doubt not but that the rights & maners of Kingdoms , are religiously to be observed as well of the Prince as of the People : that the establishment of a Kingdom depends upon the observance of the rights thereof , as well by the one , as by the other : and that the Rights , and Maner of every Kingdom is as sacred as the Kingdom it selfe . When God layd a curse upon those that removed the bounds between private man and private man , he left not the bounds of publique right ( in which all private right is included ) open to secure violation : but what was wicked in the one case he accounted hainous in the other , as carrying with it , not only the transitory fortunes , but even the lives and soules of the People . And for this cause , when God finds in Princes the sinne of those that remove the bounds , he threatens that he will Powre out his wrath on them like water . It will not be unworthy our labour a little to enquire into the reason . Tyranny ( as we have touched ) began first in the Eastern parts , and thence dispersed it selfe through the world . And being from the beginning greivous , and incomportable , in time it discovered it self to be but weak . Withall it was supposed , that the greivousnesse of it consisted in the Monarchall forme , for remedy of which they instituted , in some places Aristocraticall , in some places Popular government , But in the use of them , they all also were discerned to be but other faces of the same tyranny : and men found plainly , that the absolute government of either People , or Nobles , was as well obnoxious unto tyranny , as the sole government of the Prince : and that in which of the three soever the government absolutly resided , the government was both tyrannicall and infirme : and that in every of them the comportablenesse and stability depended only on the well regulating of the soveraigne power , by a reasonable interposition of some power committed into the hands of the two other potent limbs . So it became an experimented principle among Statists ; that the composite forme ( wherein every of the three potent limbs , for the surer support of the instituted State , had such apportioned influence and power as was proper for the frame of government ) was the only firme and durable forme ; and that of the three powers , Regall , Aristocraticall , or Popular , any of them prevailing so far , as to be wholy free from being qualified or tempered by some operation of the other two , corrupted the legitimate form into a tyrannicall , and made a prognostick of the States declining into ruine . This principle of State is not impeached by any instance of long continuance of the old Assyrian , or present Turkish Empire , because the Assyrian had a peculiar advantage of continuance , by the simplicity and unactivenesse of the age it was in . And the Turks to worke their security and continuance , have wholy put out the light of knowledge from among their people , and have subdued them to a false Religion , that has in it selfe no other end , nor office , then only to keep men in subjection ; so that they having deprived themselves of the principall of all conditions of humanity , and made themselves ( in a manner ) an Empire of beasts , the successe of their affaires determines nothing of the event of theirs , that ayme to live as men ; much lesse of theirs , who are to live the lives of supernaturall men , that is to say of Christians . Absolute power then , when it hath neither bound , nor limitation , ( like the naturall heat too much enforced , which soon devoures the radicall moisture that maintaines it ) tends not to prosperity , but to the distruction of itselfe . For all things being created in number , weight , and measure , the destruction of their proportions must needs be the decay of their being . Where there is no inclosure ( saith the wise man ) there the possession goes to decay . For though one , by decaying his fence , gives himselfe liberty to prey upon his neighbours , ( which seems some advantage ) yet he thereby layes himselfe open to be a prey also unto them ; and when after he would close it again , he will find it hard to shut unruly beasts out from the haunt they have once gotten . Now for preservation of the bounds and fences of a Kingdom , it is necessary , not only to have just and equitable lawes , but it must have also an institution of good and sound orders , for the making and executing of those Lawes : which orders must be sacredly observed . for as evill words corrupt good manners ; so evill manners frustrate the effect of all good lawes ; and good manners ( especially those that belong to government ) are not preserved without strict adherence to the instituted orders of the Kingdom . Neither will those orders long continue valid and of use , unlesse the protection and care of them be committed into the hands of some conservatory power , more especially interessed in the continuance of them . Who though not absolutely , nor with any single power of immediate coertion , yet by their powerfull intercession in the Councells , and convocate Assemblies of the State , may be effectually operative to the preservation of the publike right , for which cause the use of these Assemblies are by no meanes long to be neglected . When then the continuance and prosperity of every State , stands upon no surer ground , then the observance of the Rights and Orders of the Kingdome : upon no better stand the lives and fortunes of the Subject , of the Prince , and Royall race ; yea , and of the inheritance , and Church of God himselfe . And it is then no marvaile that God should threaten to powre out his wrath like water on Princes that are like to those that remove the bounds . It is no marvaile that to the Kings of Iudah , ( to whom God ( no question ) with a promise of perpetuity , gave the most absolute dominion that has beene communicable to the Princes of his Church ) he should command , Execute Yee judgement and righteousnes , &c : for then shall King sitting on the throne of David , enter in by these gates , &c : but otherwise , I will prepare destroyers against thee . It is the important consequence that makes God not give the charge without threatning . Though God declares Princes to be Gods among men , yet between him and them , God ( as David confesses ) has made the observance of the rule of justice and religion , to be the condition of their reigning . Bear rule ( saith God to David ) over men , being just , and ruleing in the feare of God . Indeed when Princes derive their authority from Christ , and justly challeng the prerogative of his vice-gerents , it well behoves them to looke that the derivatives faile not of the condition of their primitive . The Scepter of Christs Kingdome is declared to be a right Scepter , and therefore his seat to endure for ever . If his vice-gerents would have their seates durable , they also must have care their Scepters be right Scepters : they must see that the aunciently-established Formes and Orders of their Kingdomes be not violated or neglected , but from time to time renewed and kept : they must not , to be absolute , breake the Rights , and Orders of the Kingdome , and thinke to be good and just Princes in their Arbitrary Rule : it were a reproachfull incongruity , and nothing suitable to the vice-gerents of Christ , to be good and faire Governours of that which they have made a tyrannicall government . The Governours and government must have one face and way , their rule cannot otherwise escape infamy ; not their providence cut off occasion from after times of invading the Rights , and consequently the continuance of their Kingdomes . The Lawes then , the Rights , and Orders of Kingdomes , are most sacred , and binding , even to Kings themselves : but that is to be understood , in Safety , in Honour , in Conscience betweene God and them : not in any way , wherein , in their default , the people can become authorized . For if we looke to what is written , we find that when Subjects doe amisse , they ought to feare , for the Ruler is Gods minister to take vengeance , and beareth not the sword in vaine . But we read of no authority committed to the people , in case the Prince failes of his Duty ; nor of any sword that is to be born by them : if therefore they take the sword , or any course that leades unto it , they take the sword of injustice to the wounding of their own soules . But while we name the people in these things , we doe not make all Subjects , living under the obedience of Soveraignes , naturally to have this protence , that they may doe themselves right , in case their Prince doe not . For as we see them of their owne naturall inclination to desire a King , so we know they naturally submit unto his government . And Prince , and people , of themselves stand naturally well-affected one to the other . But as there are those that are sinisterly officious to the one , so are there toward the other also . And as those often counsell the Prince , as if they would have him pull out the stones from out the foundation of his Throne , to build higher the roofe and enlarge the battlements thereof : so these often perswade the people , that they have the authority of Princes , though they have neither Throne , Scepter , nor any thing belonging to the Sovereigne right : these find pretences , and broach opinions in the peoples behalfe ; and then the people naturally jealous , and impatient of the violation of their supposed Right or Liberty , are facile to entertaine suggestions , and through want of judgment easily carryed away with them ; but wanting also moderation , they so violently adhere unto them , as that with their intemperate prosecution , they often by their owne instruments bring upon themselves the evills that they most doe feare from others . So the people of Rome having expelled their Kings and setled a Republique with such hatred to the memory of them , as that they would not endure the name of King : growing afterward ill satisfied with the proceedings of their Senate , they would not only have Tribunes , ( Guardians of their Liberty , and Rights , ) which was indeed no more then necessary , but they would have their Tribunes indued with Consular authority ; then with that of the Dictator ; of the Pontifex Max : and whatsoever other power the common-wealth afforded . In the end , they made them so unresistable , to vindicate their Liberty against the Nobles , and the Senate , as that in the upshot , when they were become secure against their adverse party , they had no meanes of interposition against the absolutenes of their own Guardians . Insomuch as that Caesar , obtaining to be head of their Faction , could not be hindered , but that even under the formes which they ordained to preserve their Liberty , he introduced a Tyranny more absolute , and worse conditioned , then was that of their Kings , which they expelled . Hitherto tends the Doctrines of those , who while they pretend to instruct for the common good , Liberty , and Right ; doe as it were appeale unto the people , and support their doctrines with the peoples approbation and applause , and do so , in shew , make the people , and indeed themselves , the soveraigne judges of all things . FINIS . Notes, typically marginal, from the original text Notes for div A61099e-110 Prov. 29. 4. Gen. 4. 7. Deut. 17. 15. 1. Sam. 10. 25. Prov. 16. 10. Prov. 8. 15. Psal. 81. 1. Pet. 2. 13. Rom. 13. 5. Prov. 24. 21. Rom. 13. 1. 2. 1. Sam. 15. 22. 2. Sam. 6. 6. 1. Chr. 13. 10 , 1. Cor. 14. 32 , 33. Acts. 7. 25. Exod. 2. 12. Acts. 7. 30. Exod. 3. 10. 1. King. 12. 4. 1. Tim. 2. 1. Prov. 21. 1. Vers. 6. 2. Sam. 24. 1. 1. Sam. 12. 25 1. Sam. 15. 23. & 16. 13. 1. Sam. 24. 5. 1. Sam. 26. 9. 2. Tim. 3. 5. Matth. 7. 16. 2. Tim. 3. 6. 4. 3. Iude. 19. 2. Tim. 3. 3. 2. Pet. 2. 10. Iude. 8. & 11. Numb. 16. Mat. 7. 16. 1. Pet. 2. 21. Psal. 51. Hosea . 5. 10. Eccles. 36. 25. Hosea . 5. 10. Ier. 22. 3. 7. 2. Sam. 23. 3. Psal. 45. 7. Rom. 13. 4. 1. Sam. 8. 5. 
A62874	----	A serious consideration of the oath of the Kings supremacy wherein these six propositions are asserted. 1. That some swearing is lawful. 2. That some promissory oaths are lawful. 3. That a promissory oath of allegiance and due obedience to a king is lawful. 4. That the King in his realm, is the onely supreme governour over all persons. 5. That the king is the governour of the realm, as well in all spiritual or ecclesiastical things, or causes, as temporal. 6. That the jurisdictions, priviledges, preeminences, and authorities in that oath, may be assisted and defended. By John Tombes B.D. Tombes, John, 1603?-1676. This text is an enriched version of the TCP digital transcription A62874 of text R220153 in the English Short Title Catalog (Wing T1818). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. 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Early English books online. (EEBO-TCP ; phase 1, no. A62874) Transcribed from: (Early English Books Online ; image set 36043) Images scanned from microfilm: (Early English books, 1641-1700 ; 2046:30) A serious consideration of the oath of the Kings supremacy wherein these six propositions are asserted. 1. That some swearing is lawful. 2. That some promissory oaths are lawful. 3. That a promissory oath of allegiance and due obedience to a king is lawful. 4. That the King in his realm, is the onely supreme governour over all persons. 5. That the king is the governour of the realm, as well in all spiritual or ecclesiastical things, or causes, as temporal. 6. That the jurisdictions, priviledges, preeminences, and authorities in that oath, may be assisted and defended. By John Tombes B.D. Tombes, John, 1603?-1676. 27, [1] p. printed by Henry Hills, living in Aldersgate-street next door to the sign of the Peacock, London : [1660] Publication date from Wing. Caption title on p. 3 reads: The Oath of Supremacy as it is in the Statute I. Eliz. cap. I. Reproduction of the original in the Harvard University Library. eng Loyalty oaths -- England -- Early works to 1800. Allegiance -- Early works to 1800. Great Britain -- Kings and rulers -- Early works to 1800. A62874 R220153 (Wing T1818). civilwar no A serious consideration of the oath of the Kings supremacy: wherein these six propositions are asserted. 1. That some swearing is lawful. 2. Tombes, John 1660 11643 1 35 0 0 1 0 40 D The rate of 40 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-11 TCP Assigned for keying and markup 2004-12 Aptara Keyed and coded from ProQuest page images 2005-01 Andrew Kuster Sampled and proofread 2005-01 Andrew Kuster Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A SERIOUS CONSIDERATION OF THE OATH OF THE Kings Supremacy : Wherein these six Propositions are asserted . 1. That some Swearing is Lawful . 2. That some promissory Oaths are Lawful . 3. That a promissory Oath of Allegiance and due obedience to a King is Lawful . 4. That the King is His Realm , is the onely Supreme Governour over all persons . 5. That the King is the Governour of the Realm , as well in all Spiritual or Ecclesiastical things , or causes , as temporal . 6. That the Jurisdictions , Priviledges , Preeminences , and Authorities in that Oath , may be assisted and defended . By John Tombes B. D. Prov. 23. 21. My son fear thou the LORD , and the King : and meddle not with them that are given to change . LONDON , Printed by Henry Hills , living in Aldersgate-street next door to the sign of the Peacock . To the Christian Readers . BEing by special Providence brought hither upon some occasions of mine own , and finding many persons of different perswasions scrupling the taking of the oath of Supremacy now beginning to be urged , by reason of their unacquaintance with it through the long disuse of it ; by various conferences I convinced sundry of them , that the end and matter of the oath was not such as they imagined : Whereupon some persons tender of the publique peace , and the liberties of those doubting persons , who still remained unsatisfied , earnestly pressed me to draw up something in writing , tending to the elucidation of this doubt : which I was unwilling to do , being absent from mine own Books and Collections , and hoping to have staid here less time then I am now necessitated to do : yet the instant pressure hath drawn from me this writing , though short and indigested , it being conceived useful in this juncture of time , wherein if I be offered on the sacrifice and service of your faith , I joy and rejoyce with you all , as being studious not how to have dominion over your faith , but to be a helper of your joy . For which and I crave your prayers , who am , London Oct. 13. 1660. Your brother and servant in Christ , John Tombes , The OATH of SUPREMACY as it is in the Statute 1. Eliz. Cap. 1. I A. B. do utterly testifie and declare in my conscience , that the Queens Highness is the only supreme Governor of this Realm , and of all other her Highness Dominions and Countreys , as well in all Spiritual or Ecclesiastical things or Causes , as Temporal ; and that no forreign Prince , Person , Prelate , State or Potentate hath , or ought to have any Iurisdiction , Power , Superiority , Preheminence , or Authority Ecclesiastical or Spiritual , within this Realm ; and therefore I do utterly renounce and forsake all foreign Iurisdictions . Powers , Superiorities and Authorities , and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness , her Heirs and lawful Successors , and to my power shall assist and defend all Iurisdictions , Priviledges , Preheminencies and Authorities , granted or belonging to the Queens Highness , her Heirs and Successors , or united and annexed to the Imperial Crown of this Realm . So help me God , and by the Contents of this Book . The Proviso in the Statute of 5. Eliz. Cap. 1. PRovided also , That the Oath expressed in the said Act , made in the said first year , shall be taken and expounded in such form as is set forth in an Admonition annexed to the Queens Majesties Injunctions , published in the first year of her Majesties Reign ; That is to say , to confess and acknowledge in her Majesty , her Heirs and Successors , none other Authority than that was challenged , and lately used by the noble King Henry the eighth , and King Edward the sixth , as in the said Admonition more plainly may appear . The Admonition annexed to the Queens Injunctions . THe Queens Majesty being informed , that in certain places of this Realm , sundry of her native Subjects , being called to Ecclesiastical ministery in the Church , be by sinister perswasion , and perverse construction induced to finde some scruple in the form of an othe which by an Act of the last Parliament , is prescribed to be required of divers persons , for the recognition of their Allegiance to her Majesty , which certainly neither was ever ment , ne by any equity of words or good sence , can be thereof gathered : Would that all her lovyng Subjects should understand , that nothing was , is , or shall be ment or intended by the same othe , to have any other duty , allegiance , or bonde required by the same othe , then was acknowledged to be due to the most noble kynges of famous memory , kyng Henry the viii . Her Majesties father , or kyng Edward the sixth , Her Majesties brother . And further Her Majesty forbyddeth all manner Her subjects to give ear or credit to suche perverse and maliciouse persons , which most sinifferly and maliciously labour to notify to her loving subjects , how by the words of the sayde othe , it may be collected the kings or Queens of this Realm , possessours of the Crowne , may challenge aucthority and power of ministrie of divine offices in the Churche , wherein Her said subjectes be much abused by such evyl disposed persons . For certainly her Majesty neither doth : ne ever wyll challenge any other aucthority , than that was challenged and lately used by the sayde noble kinges of famous memorye , king Henry the eight , and kynge Edward the sixt , which is and was of ancient time due to the Imperial Crowne of this Realm . That is under God , to have the soverainty and rule over all maner persons born within these Her Realms , Dominions , and Countries , of what estate , either ecclesiastical or temporal soever they be , so as no other forrain power shall or ought to have any superioritie over them . And if anye person that hath conceived anye other sence of the fourm of the sayde othe , shall accept the same othe with this interpretation , sence , or meaning , Her Majestie is well pleased to accept every such in that behalf , as her good and obedient subjects , and shall acquit them of all maner penalties conteyned in the said Act against such as shall peremptorily , or obstinately refuse to take the same othe . The 37. Article professed in the Church of England . The Kings Majesty hath the chief power in his Realm of England , and other his Dominions , unto whom the chief government of all Estates of this Realm , whether they he Ecclesiastical or Civil , in all Causes doth appetain , and is not , nor ought to be subject to any forrain jurisdiction : where we attribute to the Kings Majesty the chief government , by which titles we understand the mindes of some standerous folks to be offended , we give not to our Prince the ministring either of Gods Word , or of the Sacraments : the which thing , the Injunctions also , sometime set forth by Elizabeth our ( late ) Queen , do most plainly testifie , but that onely Prerogative , which we see to have been given to all godly Princes in holy Scriptures by God himself , that is that they should rule all estates and degrees committed to their charge by God , whether they be Ecclesiastical or Temporal , and restrain with the civil sword the stubborn , and evil doers . The OATH of SUPREMACY briefly considered , and the lawfulness of taking it asserted . IT is questioned , whether the Oath of the Kings being acknowledged Supreme Governour in all causes , according to the Statute 1. Eliz. may be lawfully taken ? To which I answer affirmatively , and thus argue , If it may not be lawfully taken , it is either because no Oath may be taken , or no promissory Oath , or no promissory Oath to a King , or the matter of this Oath is not to be acknowledged or promised . But none of these make it unlawful . Ergo . The consequence is proved , because there is a sufficient enumeration made of things that seem to prohibit the taking of it : if not , let what else may make it unlawful be named . The minor is proved by parts , in confirming these six propositions . I. That some swearing is lawful . II. That promissory Oaths may be lawful . III. That to swear to a King or Governour may be lawful . IV. That the King is Supreme Governour over all persons in his Dominions . V. That he is Governour in Ecclesiastical causes . VI . That the Iurisdictions , Preeminences , and Priviledges meant in that Oath may be lawfully acknowledge and defended . The first is proved thus . I. That which is not de toto genere , in it's whole kind evil , may be lawful : But swearing is not de toto genere , or in its whole kind evil . Therefore some swearing may be lawful . The major is manifest of it self . The minor is thus proved . That is not wholly evil about the use of which some directions are given by God . God doth not give directions about the use of Blasphemy , witchcraft , idolatry , &c. which are in their whole kind evil . But God giveth directions about the use of swearing , as in the third commandment ( which is undoubtedly moral ) Jer. 4. 2. where he saith , And thou shalt swear , The Lord liveth , in truth , in judgement , and in righteousness . Ergo . 2. That which is approved by God , is lawful . But some swearing is approved by God . Psal. 63. 11. Every one that sweareth by God shall glory . Ergo . The major is of it self manifest , the minor the text evidenceth , sith the swearing by God is made part of glorying in God , or of the swearers glory . 3. If it were unlawful to use any Oath , then it were unlawful to put any Oath on any . But this is not to be said . Ergo . The consequence is manifest , sith we cannot lawfully urge any to that which is of it self sinful : Now that it is lawful to put an Oath on some persons at some times is manifest by Gods own appointment , Levit. 5. 1. 4. his ratifying Solomons petition concerning this thing , 1 King. 8. 31. 2 Chr. 6. 22. and the practise of Abraham in the old Testament , Gen. 24. 2 , 3. putting an Oath on his servant , and Pauls in the New , putting an Oath on the Thessalonians , 1 Thes. 5. 27. for so the Greek word translated , I charge you by the Lord , or adjre you , as it is in the margin , by the Lord , is , I put the Lords Oath on you , or swear you that this Epistle be read to all the holy brethren . Alike charges are , 1 Tim. 6. 13. 2 Tim. 4. 1. 4. That which hath been the practise of the godly before , under the law , and in the times of the Gospel without reproof is lawful , for in all these times , and by such men moved as they were by Gods spirit , even in their holy speeches and writings , it would not have been done had it been sinful . But some swearing hath been the practise of the godly , before , under the law and in the times of the Gospel , as is proved by instances , as of Abraham that lift up his hand to the most high God , Gen. 14. 22. of Isaac , Gen. 26. 31. of Jacob , Gen. 31. 53. under the law , of the people of Israel , Josh. 9. 19 , 20. of David and Jonathan , 1 Sam. 20. 3. 42. David to Saul , 1 Sam 24 22. of Urijah , 2 Sam. 11. 11. of Ittai , 2. Sam. 15. 21. of David , 1 Kings 1. 29 , 30 & 2. 8. of Solomon , Vers. 23. of Elijah , 1 Kings 17. 1. of Michajah , 1 Kings 22. 14. of Elisha , 2 King. 2. 4 , 6. and 3. 14. and 5. 16. and the woman of Shunem , 2 King. 4. 30. in the times of the Gospel , of Paul , 2. Cor. 1. 18. using this Oath , As God is true , verse . 23. I call God to record upon my soul , and 11. 31. and 12. 19. 1 Cor. 15. 31. this is a form of swearing , By your rejoycing which I have in Christ Jesus , it being in the Greek {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is a particle of swearing , not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , which are prepositions noting the means or instrument of the effect ; of the Angel , Revel. 10. 6. who sware by him that liveth for ever . The like are Rom. 1. 9. & 9. 1. Gal. 1. 20. Philip . 1. 8. Ergo . 5 That which hath a necessary use for the benefit of humane society , is not unlawful . But some swearing hath a necessary use for the benefit of humane society . Ergo . The major is plain , it agreeing with the law of nature and nations , which is of necessary use for the benefit of humane society , which laws God the author of nature hath imprinted in all , and indeed hath made all his laws for men one towards another subservient thereto . The minor is plain from the words of the Author to the Hebrews , Chap. 6. 16. An Oath to men is an end of strife , which is a necessary use for humane benefit . 6. That which hath been counted by all nations as a Sacred thing , a principal part of the acknowledgement and worship of God , is not unlawful of it self . But so hath some swearing been counted . Ergo . The minor is proved by Gods own words , Deut. 10. 20. Thou shalt fear the LORD thy God , him shalt thou serve , and to him shalt thou cleave and swear by his name . The second [ That promissory Oaths may be lawful ] is thus proved . 1. That is not altogether of it self evil or unlawful , which God makes a bond of the soul to be kept and performed to the Lord . But some promissory Oaths God makes a bond of the soul to be kept and performed to the Lord . Ergo . Some promissory Othes may be lawful . The major is proved , because that which is altogether unlawful cannot bind the soul to God , nor is to be kept and performed to the Lord . The minor is proved from Numb. 30. 2. If a man vow a vow unto the Lord , or swear an Oath to bind his soul with a bond , he shall not break or profane his word , he shall do according to all that proceedeth out of his mouth . Matth. 5. 33. Again ye have heard that it hath been said by them of old time , Thou shalt not forswear thy self , but shalt perform unto the Lord thine Oathes , where a promissory Oath is made a bond to bind the soul with , to be kept and performed to the Lord . 2. If holy men afore the Law , under the Law , in Gospel times have put promissory Oaths on others , then they are not altogether unlawful . This is proved by the same reason by which the like consequence is proved before , in proving the fourth argument of the former proposition . But holy men afore the Law , as Abraham , Gen. 24. 2. 3. under the Law , as Moses , Deut. 29. 14. Jonathan , 1 Sam. 20. 17. Asa and the people of Israel , 2 Chron. 15. 12 , 13 , 14 , 15. Ezra , Ezra 10. 5. in Gospel times , Paul , 1 Thes. 5. 27. adjuring the Thessalonians by the Lord , that that Epistle be read to all the holy brethren , have put promissory Oaths on others . Ergo . 3. That which godly men have practised and still counted as well done that is lawful . But some promissory Oaths godly men have practised and still counted as well done . Ergo . The major is probable , and in this case , considering the persons , and the holy Ghosts recording as he hath done , certain . The minor is proved by instances , of David , Psal. 119. 106. I have sworn and will perform it , that I will keep thy righteous judgements . 1 Sam. 20. 42. And Jonathan said to David , Go in peace , forasmuch as we have sworn both of us in the name of the Lord , saying , The Lord be between me and thee , and between my seed and thy seed for ever . Nehem. 10. 29. They clave to their brethren , their nobles , and entred into a curse , and into an Oath to walk in Gods Law . 1 King. 1. 29 , 30. And the king sware and said , As the Lord liveth , that hath redeemed my soul out of all distress , even as I sware unto thee , that by the Lord God of Israel assuredly Solomon thy son shall reign after me , and he shall reproof is lawful , for in all these times , and by such men moved as they were by Gods spirit , even in their holy speeches and writings , it would not have been done , had it been sinful . But some swearing hath been the practise of the godly , before , under the law and in the times of the Gospel , as is proved by instances , as of Abraham that lift up his hand to the most high God , Gen. 14. 22. of Isaac , Gen. 26. 31. of Jacob , Gen. 31. 53. under the law , of the people of Israel , Josh. 9. 19. 20. of David and Jonathan , 1 Sam. 20. 3. 42. David to Saul 1 Sam. 24. 22. of Urijah 2 Sam. 11. 11. of Ittai , 2 Sam. 15. 21. of David , 1 Kings 1. 29 , 30. & 2. 8. of Solomon , Vers. 23. of Elijah , 1 Kings 17. 1. of Michajah , 1 King. 22. 14. of Elisha , 2 King. 2. 4. 6. and 3. 14. and 5. 16. and the woman of Shunem , 2 King. 4. 30. in the times of the Gospel , of Paul , 2 Cor. 1. 18. using this Oath , As God is true , vers. 23. I call God to record upon my soul , and 11. 31. and 12. 19. 1 Cor. 15. 31. this is a form of swearing , By your rejoycing which I have in Christ Jesus , it being in Greek {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is a particle of swearing , not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , which are prepositions noting the means or instrument of the effect ; of the Angel , Revel. 10. 6. who sware by him that liveth for ever . The like are Rom. 1. 9. & 9. 1. Gal. 1. 20. Philip . 1. 8. Ergo . 5. That which hath a necessary use for the benefit of humane society is not unlawful . But some swearing hath a necessary use for the benefit of humane society . Ergo . The major is plain , it agreeing with the law of nature and nations , which is of necessary use for the benefit of humane society , which lawes God the author of nature hath imprinted in all , and indeed hath made all his laws for men one towards another subservient thereto . The minor is plain from the words of the Author to the Hebrews Chap. 6. 16. An Oath to men is an end of all strife , which is a necessary use for humane benefit . 6. That which hath been counted by all nations as a Sacred thing , a principal part of the acknowledgment and worship of God , is not unlawful of it self . But so hath some swearing been counted . Ergo . The minor is proved by Gods own words , Deut. 10. 20. Thou shalt fear the LORD thy God , him shalt thou serve , and to him shalt thou cleave , and swear by his name , The second [ That promissory Oaths may be lawful ] is thus proved . 1. That is not altogether of it self evil or unlawful , which God makes a bond of the soul to be kept and performed to the Lord . But some promissory Oaths God makes a bond of the soul to be kept and performed to the Lord . Ergo . Some promissory Oaths may be lawful . The major is proved , because that which is altogether unlawful cannot binde the soul to God , nor is to be kept and performed to the Lord . The minor is proved from Numb. 30. 2. If a man vow a vow unto the Lord , or swear an Oath to binde his soul with a bond , he shall not break or profane his word , he shall do according to all that proceedeth out of his mouth , Matth. 5. 33. Again ye have heard that it hath been said by them of old time , Thou shalt not forswear thy self , but shalt perform unto the Lord thine Oaths , where a promissory Oath is made a bond to binde the soul with , to be kept and performed to the Lord . 2. If holy men afore the Law , under the Law , in Gospel times have put promissory Oaths on others , then they are not altogether unlawful . This is proved by the same reason by which the like consequence is proved before , in proving the fourth argument of the former proposition . But holy men afore the Law , as Abraham , Gen. 24. 2. 3. under the Law , as Moses , Deut. 29. 14. Jonathan , 1 Sam. 20. 17. Asa and the people of Israel , 2 Chron. 15. 12 , 13 , 14 , 15. Ezra , Ezra 10. 5. in Gospel times , Paul , 1 Thes. 5. 27. adjuring the Thessalonians by the Lord , that that Epistle be read to all the holy brethren , have put promissory Oaths on others . Ergo . 3 That which godly men have practised and still counted as well done that is lawful . But some promissory Oaths godly men have practised and still counted as well done . Ergo . The major is probable , and in this case , considering the persons , and the holy Ghosts recording as he hath done , certain . The minor is proved by instances of David , Psal. 119. 106. I have sworn and will perform it , that I will keep thy righteous judgements , 1 Sam. 20. 42. And Jonathan said to David , Go in peace , forasomuch as we have sworn both of us in the name of the Lord , saying , The Lord be between me and thee , and between my seed and thy seed for ever . Nehem. 10. 29. They clave to their brethren , their nobles , and entred into a curse , and into an Oath to walk in Gods Law . 1 King. 1. 29 , 30. And the king sware and said , As the Lord liveth , that hath redeemed my soul out of all distress , even as I sware unto thee that by the Lord God of Israel assuredly Solomon thy son shall reign after me , and he shall sit upon my throne in my stead ; even so will I certainly do this day . 4. That which is made a qualification of one that shall dwell in Gods holy hill , is not unlawful : but to swear to his hurt and not to change , that is , to take a promissory Oath , and not to change , though it be to his dammage is made a qualification of one that shall dwell in Gods holy hill , Psal. 15. 4. Ergo . Some promissory Oaths are lawful . The third Proposition [ That to swear to a King or Governour is lawful ] is proved , 1. From approved examples , which prove either a duty , or at least lawfulness of the thing . That which hath been practised by holy men without reproof is lawful . But swearing to Kings and Governours Allegiance and Obedience hath been practised by holy men . Ergo . The minor is proved by instances of the people to David , 2 Sam. 5. 3. So all the elders came to the king to Hebron , and king David made a league with them in Hebron before the Lord : and they anointed David king over Israel , 1 Chron. 11. 3. Then came all the elders of Israel to the king to Hebron , and David made a covenant with them in Hebron before the Lord , and they anointed David king over Israel according to the word of the Lord by Samuel . A Covenant before the Lord was an Oath , but the people of Israel , a holy people made a covenant before the Lord with David their king , therefore they entred into an Oath of Allegiance and due Obedience . The other is more plain , 2 King. 11. 4. And in the seventh year Jehojada sent and fet the rulers over hundreds with the captains and the guard , and brought them to him in the house of the Lord , and made a covenant with them , and took an Oath of them in the house of the Lord , and shewed them the kings son , vers. 17. And Jehojada made a covenant between the Lord and the king , and the people , that they should be the Lords people : between the king also and the people , 2 Chron. 23. 3. And all the congregation made a covenant with the king in the hosue of God : and he said unto them , Behold the kings son shall reign , as the Lord hath said of the sons of David , vers. 6. Then Jehojada made a covenant between him and all the people , and between the king , that they should be the Lords people . These are express examples of swearing Allegiance to Kings , which is consonant to what our Lord Christ teacheth , that we should render to Caesar the things that are Caesars , as to God the things that are Gods , Matth. 22. 21. Besides we finde David swearing to Saul , 1 Sam. 24. 22. the people conceiving themselves bound by Sauls adjuration , 1 Sam , 14. 24 , 28. Shimei was bound by the Oath which Solomon imposed on him , where Solomon speaks thus to him , Why hast thou not kept the Oath of the Lord , and the commandment that I have charged thee with ? Abrahams servant sware obedience to Abraham , and counted himself bound to keep it , Gen. 24. 2 , 3. Then arose Ezra , and made the chief Priests , the Levites , and all Israel to swear , that they should do according to this word , and they sware , Ezra 10. 5. Nehemiah made them swear by God , saying , ye shall not give your daughters unto their sons , nor take their daughters unto your sons , or for your selves , Nehem. 13. 25. 2. From Gods dealing with Zedekiah , that kept not the Oath made to the King of Babylon , Ezek. 17. 18 , 19. where God doth not except against the Oath , but the breaking of it calling it his Oath , which he had despised , and his covenant that he had broken ; whence I argue , That which God calls his Oath , the despising of which he avengeth , may be lawfully taken . But an Oath of subjection even to the King of Babylon , God calls his Oath , the despising of which he avengeth , therefore some Oath of subjection to a King , may be lawfull . 3. From the words of Solomon , Eccles. 8. 2. I counsel thee to keep the kings commandment , and that in regard of the Oath of God . The Oath of God seemeth to be an Oath by God to the king , being made the reason of keeping the kings commandment , as the Oath of Shemei , 1 King. 2. 43. is termed the Oath of the Lord , Zedechiah's Oath to the King of Babylon , Gods Oath and Covenant , Ezek. 17. 19. Prov. 2. 17. the wives covenant with her husband , is called the covenant of her God ; whence I argue , That which is Gods Oath , and is urged as the reason of keeping the Kings command is lawful . But an Oath of subjection to a King is Gods Oath , and urged as the reason of keeping his commandment , as the Text shews , therefore it is lawful . If by the Oath of God be meant , not a particular Oath to a King , but the general Oath or Covenant to obey God ( which seems not so likely , because it is the special reason of keeping the Kings Commandment ) yet thus also the argument holds : If it be lawful to make a general Oath to God of keeping his Laws , and this be one of Gods Laws to keep the Kings commandment , and that the particular Oath of subjection to the King is comprehended in the general Oath of keeping Gods commands , a particular Oath of obedience to the King is not unlawful . 4. That is lawful which is of necessary use for the Publique good . But some swearing to a King or other Governors is of necessary use for the publique good , therefore it is lawful . The major is confirmed in proving the major of the fifth argument of the first proposition , The minor is proved by experience , even Jehojada and David conceived so , and the reason is , because the common peace and good government cannot be kept but by good correspondence between Prince and people : therefore if mutual Oaths tend thereto , as often they do , they are of necessary use for the publique good . The grand objection is from the words of our Saviour , Math. 5. 34 , 35 , 36 , 37. But I say unto you , Swear not all , neither by heaven for it is Gods throne : nor by the earth , for it is his footstool : neither by Jerusalem , for it is the city of the great king . Neither shalt thou swear by thy head , because thou canst not make one hair white or black . But let your communication be yea , yea , nay , nay , for whatsover is more then these cometh of evil : and of the Apostles , Jam. 5. 12. But above all things my brethren , swear not , neither by heaven , neither by the earth , neither by any other Oath : but let your yea be yea , and your nay , nay ; lest ye fall into condemnation : which words do seem expresly and fully to forbid any swearing at all , excluding some sorts of Oaths by name , and the rest by General terms , with prescription that our communication be yea , yea , nay , nay , and determination , that what is more then these cometh of evil , or the evil one , which made some of the Ancients and later godly persons conclude all Oaths of any sort prohibited now to Christians , though they were not to the Jews . But the reasons foregiven are so cogent to the contrary , that we must of necessity finde out a limitation of the speeches , as we do , and rightly , for the next words of our Saviour following , vers. 38 , 39 , 40 , 41 , 42. which are as full in shew for not resisting of evil , but offering our selves to receive further injury , and permitting more dammage and profuse vain casting away our estates , contrary to the law of nature , in our necessary defence , to that necessary moderate providence , which belongs to every man , that due respect which each is to have to the rules of mercy , bounty , and our own imployment and family , so that without good caution we shall make Christs precept in stead of being useful to become pernicious . That we may then consider how to understand our Lords precept about swearing , we are to take this as certain , that Christs precept forbids somewhat which the Pharisaical teachers allowed , though they forbad perjury ; now one thing seems to be forbidden by our Lord Christ , to wit , the making of such distinction of Oaths as the Pharisees did , and accordingly used them , which seems to have consisted in two things . 1. In conceiving they might use Oaths by some creatures , as if in such use there were no relation to God , and so no profaning of his name , or taking it in vain . The reason of this seems to be Christs and James his instances onely in such sorts of Oaths as were by creatures , and the refutation of their conceit , by shewing , that all referred to God , as the Oath by the heaven , was by God , sith it was his throne ; by the earth , sith it is his footstool ; by Jerusalem , sith it was his city ; by the head sith he makes the hair white or black . 2. That some of these Oaths made them debtors to perform what they sware and not other , which appears from Christs own charge upon them , Matth. 23. 16 , 17 , 18 , 19 , 20 , 21 , 22. where he terms them fools and blinde guides for such decision , concluding that all those Oaths had respect to God , and did binde . And accordingly Christ is not to be understood as forbidding simply all Oaths , but such differencing of Oaths in their meaning and obligation , as the Pharisees , and other Jews , either superstitiously or otherwise erroneously used , yet I do not conceive this is all . For the words , Swear not at all , neither by heaven nor earth , nor any other Oath , but prescribing yea , yea , nay , nay , censuring more to be from evil , or the evil one , seems to forbid all Oaths in some cases or manner , which some conceive as if he forbad a promissory Oath universally , or a vow with an Oath : But these opinions stand not with the second Proposition before proved , nor do I finde any thing in the text leading to them . And therefore I conceive , that the prohibition is of that frequent , vain , light , profane , unnecessary , customary passionate swearing , or in secular matters of no importance , without any dread of an Oath , or consideration of the holiness of God , upon a provocation to anger , as David , 1 Sam. 25. 21. or deceifully as those , Psal. 24. 4. all who take Gods name in vain , which I gather from the text . 1. In that he prescribeth their yea , yea , nay , nay , to be in their speech or communication , which seems to be meant of their familiar speech one with another , in their answers to each other . 2. Because James saying , Let your yea be yea , and your nay nay , doth exlude inconstancy and lightness , and prescribes such considerateness as that they need not unsay what they have said , that to use the Apostles speech , 2 Cor. 1. 18. Our words may not be yea , and nay , off and on , but yea and Amen , that is , firm and ratified , so as that deeds answer to words , as becomes men , that consider what they say , and still say that taught the good knowledge of the Lord , 2 Chron. 30. 1 , 2 , 5 , 22. Removed the high places , and brake the images , and cut down the groves , and brake in pieces the brazen serpent that Moses had made : for unto those days the children of Israel did burn incense to it , 2 King. 18. 4. Appointed the courses of the Priests and Levites , with the portion to be given to the Priests and the Levites , 2. Chron. 31. 2 , 4. Josiah purged the land of Idols , repaired the Lords house , gathered all the people to hear the Law read , and to make them to stand to the covenant he made before the Lord , to walk after the Lord . And in the doing of these things the Kings are said to do that which was right in the eyes of the Lord , and to walk before the Lord with a perfect heart . 2. On the contrary , the not removing the high places , and permitting Idols , and neglecting the setting up of Gods true worship and service , is charged upon some of the Kings as their sin , 1 King. 15. 14. and 22. 43. 2 King. 14. 9. and 15. 4. 3. God gives a special charge to the King to have a copy of the Law , and to read therein , that he may learn to fear the Lord , and to keep all the words of the Law , Deut. 17. 18 , 19. and therefore when Jehojada crowned King Jehoash he gave him the testimony , 2 King. 11. 12. that he might be minded , that he was , as a King , to know and to see to the keeping of the whole Law . 4. The open practice of Idolatry is imputed to the want of a King in Israel , Judg. 17. 5 , 6. and 18. 1. which proves , that the King in Israel ought to restrain from Idolatry , and not to permit every man to do what was right in his own eyes . The ma●or is manifest , because the Office of the Kings of Israel was no ceremonial function , as the Priests , but moral , and of perpetual use , and therefore belongs to other Kings as well as the Kings of Israel ; nor doth the Gospel deprive them , or any other of their State and Authority , by their becoming Christians : for then suppose King Agrippa had become a Christian , he must have ceased to be a King , and have had his Kingly power diminished : but as the Apostle resolves concerning servants and persons of other conditions , 1 Cor. 7. 24. Brethren , let every man wherein he is called therein abide with God , that is , his Christian calling doth not bind him to leave the state and condition of life in which he was , nor diminish his Authority which he had when he was called to be a Christian , as not consisting with Christianity ; so is it true concerning Kings and other Magistrates , they have greater obligation to God , and the Lord Christ , no less Authority and power as Kings by their Christianity : but they may abide in their Office , and exercise the lawful Authority they had before . Perhaps it will be said , The Kings of Israel were types of Christ , and therefore their Power and Authority did cease in things Spiritual and Ecclesiastical , when Christ was come . 1. But to the contrary , this is said without proof , and so is rejected as easily as it is alledged . 2. It is true , Christ is often termed David , and it is said , he shall sit on Davids throne , Luk. 1. 32 , 33. But this power of reforming Religion was not appropriate to David , or the race of the Kings of Judah , but belonged also to the Kings of Israel , ( who were not types of Christ ) who are charged with the permission or promoting of Idolatry , as their sin , as on Jeroboam , Ahab , &c. and Jehu is in some measure rewarded for the partial Reformation he made , 2 King. 10. 28 , 29 , 30. and therefore it belonged not to the Kings of Israel to reform Religion , onely as types of Christ , but even as Kings . 2. This is proved , and the Proposition it self . That is to be ascribed to the King , which was with approbation ascribed to Kings out of the Church . But the Government in things and Causes spiritual or belonging to Religion , is ascribed with approbation to Kings out of the Church . Ergo . The major is proved , because what of this kind is with approbation ascribed to Kings out of the Church , is to be taken as belonging to Kings as Kings , and not as typical Kings or Rulers . The minor is proved by instances . The first of Cyrus King of Persia of whom we read that the Lord stirred up his spirit to make a Proclamation for building of Gods house , 2. Chron. 36. 22 , 23. Ezra . 1. 1 , 2. in doing this he is called Gods shepherd , Isa 44. 28. and anointed by God , Isa. 45. 1. and the same was continued by Decrees of Darius , Ezra 6. 7 , 8 , 9 , 10 , 11 , 12. and Artaxerxes , Ezra 7. 13 , 21 , 23 , 26. now these things belonging to the building of Gods house , furthering his service , were spiritual things , and therefore Government in spiritual things belonging to Religion , is ascribed to Kings out of the Church . To these may be added the Decree of Nebuchadnezzar against them that should speak any thing amiss against the God of Shadrach , Meshach and Abednego . Dan. 3. 29. and of Darius , Dan. 6. 26. That in every Dominion of his Kingdom , men tremble and , fear before the God of Daniel , which are undoubtedly about spiritual Causes or Matters of Religion : and the King of Nineveh his Proclamation by the Decree of the King and his nobles , that all should fast covered with sackcloth , and cry mightily to God , Jonah 3. 7 , 8. which is approved by God , in that he defer'd his judgement thereupon : in all which Government in matters of Religion was exercised and approved . 3. That which agrees to other Rulers besides Kings , agrees much more to Kings , But to Govern in Causes spiritual or things of Religion , belongs to Governours below Kings , therefore much more to Kings . 4. The major is proved from the title given to the King , 1 Pet. 2. 13. where he is called the Supreme or Excelling , and of those that are in Authority or Excelling , 1 Tim. 2. 1 , 2. the King is reckoned as chief ; therefore if inferiour Governours are to Govern in matters of Religion , much more Kings . Now that they are to do so , appears by the practice of Nehemiah , who being not King , nor Priest , but Governour under the King of Persia , reformed the Priests , excluding aliens from the Priests chambers , giving the Levites their portion , and chiefly by restraining the profanation of the Sabbath , Nehem. 13. 9 , 10 , 15 , 22. reckoning it among the works for which he would have God remember him . Jacob reforms his houshold by requiring them to put away the strange gods that were among them , and bury them , Gen. 35. 2 , 4. Parents are required to bring up their children in the nurture , in Greek discipline or government and admonition of the Lord , Ephes. 5. 4. Servants are to be obedient to their masters as to Christ , Vers. 5. As the servants of Christ doing the will of God from the heart , Vers. 6. With good will doing service as to the Lord and not to men : therefore Parents and Masters have Government in matters of Religion , much more the Father and Master of the Common-wealth , having a more ample Authority . 4. This is further confirmed in that the Apostle where he speaks of the Powers , he saith without limitation , that Rulers are not a terrour to good works but to evil : wilt thou not be afraid of the power ? do that which is good , and thou shalt have praise of the same , he is the minister of God , a revenger to execute wrath upon him that doth evil , Rom. 13. 3. 4. Kings and Governours sent by them are for the punishment of evil doers , and for the praise of them that do well , without limitation and distinction of Civil and Spiritual things , 1 Pet. 2. 14. Now where the Law doth not distinguish , neither are we , and therefore are to understand the Governing in the text to be in Religious things as well as Civil . 5. Which is further confirmed from the Titles given to them : they are termed gods , Psal. 82. 1 , 6. John 10. 34 , 35. Ministers of God , Rom. 13. 4. That judge not for man but for the Lord , 2 Chron. 19. 9. therefore they are to be ministers in a Political way , and to judge in things of the Lord . 6. Paul did not refuse to apologize for himself about the accusations of the Jews against him for his profession and preaching of Christian Religion , but did justifie himself before Felix , Festus and king Agrippa , and appealed to Caesar , Act. 23. 29. and 24. 5 , 6 , 8 , 10. and 25. 8 , 11 , 19 , 21 , and 26. 2 , 3. therefore he denied not , but acknowledged the Kings Government , even in the things and Causes that concern Christian Religion , and consequently we may in like manner acknowledge it . 7. Paul exhorts us to pray and give thanks for Kings and all that are in authority or excellency , that we may lead a quiet and peaceable life in all godliness and honesty , 1 Tim. 2. 1 , 2. therefore he supposeth that Kings have some Government in matters of godliness , as well as honesty , and therefore are Governours In Causes Spiritual , or of Religion . 8. From the absurdities which follow if this be not granted . 1. If the King be not Governour in Ecclesiastical things and Causes , then his Kingly power is of no use in matters of Religion , for if he have no Government in them he is to be a looker on , and in effect a meer cipher in respect of such things ; But this is not to be said , sith matters of Religion do as much concern him to Govern in , as any causes , all experience shewing that no Government can be well ordered without some regard had to Religion . 2. All the actions which Kings have been commended for by godly persons were unjustifiable : the pulling down of Idols , restraining the importation and vending of Popes pardons , and consecrated ware , the causing the holy Bible to be translated , and publiquely to be read , proclaimnig fasts , and days of thanksgiving , with many of the like acts of Kingly Authority have been unwarrantable . 3. Kings should have no way of expressing their zeal for Gods worship and true Religion more then other men , if they were not Governours in spiritual things and Causes , nor be more accountable to God for neglect thereof , then other men , nor this sin of theirs of more guilt then the like sin of others , which are all absurd . 4. All the holy Martyrs who have owned their authority , and submitted to it when they suffered under it , all those who have petitioned for Reformation of Religion to Kings , have giventhanks to God for it , have advised that it should be sought from them , should be censured as foolish , if not sinfully countenancing an unrighteous usurpation , and the best Christian Kings who have done most for the settling the affairs of the Church censured {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} busie in other mens matters , and the like is to be said of Parliaments , and so all matters of Religion must be left wholly to Bishops , the evil and miserable effects of which are discernible in the Records of former and later times , to be intolerable ; as it fell out in the troubles by Thomas Becket in the time of Henry the second , of Stephen Langton in King Johns days , the persecution in Queen Maries days by Bishops , whose disowning the Kings Supremacy and asserting the Popes , occasioned the making and the imposing of this Oath . 5. Those Titles which have been given them for their care in ordering the things of the Church , that they were nursing fathers and nursing mothers to it , according to Isaiahs prophecy , Isa. 49. 29. should be recalled : all the exhortations and charges given to them by preachers to take care of the Church of God , should be retracted , they should be no longer minded , that they are to be keepers of both tables of the Law ; in a word , it should be their virtue to be as Gallio was , that cared for none of these things , Acts 18. 17. which are all absurd . Against this many things are objected . 1. That to acknowledge the King the onely Supreme Governour is to make him God . To this I answer : Not so , sith he is acknowledged Governour in his Dominions , and Supreme therein under God , and the exclusive term [ onely ] excludes foraign jurisdiction of the Pope and other Princes and States , ( which by the Oath is renounced ) not Gods Government . Object . 2 If Kings are Governours in all causes , then they may appoint what Religion , and worship of God they please , and it is evil to disobey or gainsay what they impose . Answer . Though in temporal things they be Governours , yet are they to Govern according to Laws . So in Spiritual and Ecclesiastical things they are to Govern according to the Laws of Christ , and such rules as agree with them , and not in either , in a meerly arbitrary way after their own will : nor are we necessitated to obey or own what they require , if inconsistent with the laws of Christ , and such rules as agree with them . Object . 3. If Kings be Governours in all Causes over all persons , then may they dissolve Churches and their Government , and mould and order them as they will . Answ. So far as Church constitution , Government , and ordering is by Christs appointment , or such example which hath the force of an institution of Christ , it may not be altered by a King ; But in such things as are left to humane prudence , and there is a concernment of the weal publique ; Kings have authority to order them so , as that they tend to the real good and advantage of the Churches of Christ , and the glory of God , which is the highest and ultimate end of all . Object . 4. This will make the use of Synods , and Assemblies of Pastors to determine things of Religion , and to order government unnecessary , sith the determination of all will lye in the Kings breast . Answ. Though Statute-laws require the Kings assent , and the Government is to be exercised in his name , by his Commission , yet are not debates in Parliament , and passing bills by both Houses , nor consultations with judges , nor their decisions of cases unnecessary : The like is to be said of the use of Synods and Assemblies of Pastors and learned men , though the calling of them , and validity of their Canons , that is rules , in respect of the imposing them on others with civil penalties , require the Kings concurrence . Object . 5. This hath occasioned great evils in so much that persecution hath been raised against godly persons as Heretiques and Schismatiques , when Princes have been misled ; so as to burn , banish , imprison , and otherwise to afflict persons , judged by Prelates and others to be such . Answ. 'T is true this hath fallen out , when Princes ignorant of the true Religion , corrupted in their education , perverted by seducers and ungodly guides in their judgements have yielded too much to the misinformation of others , and so have been unhappy in the abuse of their Government to the great hurt in life , liberty , and estate of innocent persons : And the like hath been in mal-administration of civil affairs , through the like causes : yet the power and authority in neither is to be denied for some abuse : for that would introduce a worse evil of Anarchy and mischievous confusions . On the other side when Princes have been good , and have used such good Counsellours , as Jehojada was to Joash ; their Government in Religion hath been of great advantage to the Church of Christ . And , as things have stood in England , it was the means under God whereby Popery was expelled , and the Protestant Reformation was established . Object . 6. By allowing so much power in Ecclesiastical things , Religion is often changed with the King , and thereby peoples minds are at much uncertainty what Religion to be of , which tends to irreligion and Atheisme . Answ. So it fell out in the Kingdom of Judah , yet the power of the Kings of Judah in matters of Religion was not for this cause denied . And the like happens upon change of teachers , as in the Churches of Galatia : and Paul , Acts 20. 29 , 30. foretels the like would be in the Church of Ephesus , yet is not therefore the use and Government of Pastors to be denied , but more diligence to be in using such holy means as prayer for Kings , 1 Tim. 2. 1 , 2. &c. which by Gods blessing may prevent these evils . Object . 7. No man is to Govern in that whereof he is no sit Judge , nor is any man a fit Judge but he that is skilful in the things he judgeth : which seldom happened to Kings in matters of Religion , and therefore Government therein is ill ascribed to them . Ans. As a King may be fit to Govern in Temporal Causes ( whereto is required skill in the laws of the Land , of which perhaps he hath little or no knowledge , not so much as a Judge is to have , who passeth sentence ) if he choose and use them that are skilful and upright therein : so it may be in Ecclesiastical Causes , if he choose and use the help of them that are skilful and faithful in Religion . But in this thing there is need of the greatest circumspection , vigilancy and wariness , on the one side by reason of the cunning and diligence of seducers , and the violence of spirit in profane persons against the most holy and harmless Christians , and on the other side by reason of the weakness in the faith of many upright souls , whose consciences are very tender , and their wounds hardly cured : of whom our Lord Christ was very tender , Matth. 12. 20. and gentle toward them , as the great Shepherd of the sheep , through the blood of the everlasting covenant , Heb. 13. 20. as was foretold , Isai. 40. 11. and the Apostle Paul requires much indulgence to be given them , Rom. 14. 1 , 4. Object . 8. The acknowledgement of this Supremacy of the King hath been opposed by sundry godly Protestants , who have in their writings excepted against it , as Calvin , and the Century writers of Magdeburg . Answ. T is true , they excepted against the Title of head of the Church given to King Henry the eighth , as Stephen Gardiner , and such like persons misreported it , as if it gave to the King an uncontrollable authentique power , to determine of faith , and worship of God : but when those learned Protestants better understood what was meant by it , they withdrew their exceptions , as Doctor Rainold shews in his Conference with Hart in the Tower , chap. 10. Object . 9. Many godly persons are offended with the taking , and defending the Lawfulness of the taking of this Oath , as fearing it many tend to the taking away those Liberties of their consciences in Religion , which are dearer to them then their lives : and being jealous of those who take it , least they betray those Liberties . Ans. It is to be considered by those conscientious persons , who make this objection , that the takers , and defenders of the taking of this Oath do apprehend , that the imposing this Oath was for the excluding the Popes jurisdiction , and other Forreign power , as the admonition of Queen Elizabeth here prefixed shews , and therefore there is nothing done by such takers or defenders in prejudice of their brethrens Liberties , or imposition on the consciences of others : But they that have taken it , or conceive they may take it , if imposed , do it , as being satisfied in their consciences by the foregoing arguments , or such like , that they do but what they may do lawfully without offence , and hope that it will fall out as it did in the business of the Altar of Ed , Josh. 22. that a right intelligence of their fact will prevent any breach between them and others , and unite them more closely . Object . 10. This acknowledgement of the Kings Supremacy in Causes Ecclesiastical hath been but of late , not before King Henry the eighth and Edward the sixth . Answer . The Title of head of the Church of England , ( now altered into Supreme Governour over all persons ) though it were not assumed by the Kings of England before Henry the eighth , yet the power of Supreme Government in Causes Ecclesiastical , as saith Bishop Bramhal in his answer to Militiere , pag. 111. The ancient Kings of England ever exercised , not onely before the Reformation , but before the Norman Conquest , as appeared by the Acts of their great Councils , by their Statutes , and Articles of the Clergy , by so many Laws of provision against the Bishop of Romes conferring Ecclesiastical dignities and benefices upon Foreigners , by so many sharp oppositions against the exactions and usurpations of the Court of Rome , by so many Laws concerning the Patronage of Bishopricks , and investitures of Bishops , by so many examples of Churchmen punished by the Civil Magistrate . This power , though not this name , the Christian Emperors of old assumed to themselves , to Convocate Synods , to preside in Synods , to confirm Synods , to establish Ecclesiastical Laws , to receive appeals , to nominate Bishops , to eject Bishops , to suppress Heresies , to Compose Ecclesiastical differences , in Councils , out of Councils , by themselves , by their Delegates . All which is as clear in the History of the Church , as if it were written with a beam of the Sun . The sixth Proposition is [ The Jurisdictions , Preeminences , Priviledges , and Authorities in that Oath may be assisted and defended ] The jurisdictions , &c. meant I conceive to be expressed a little before the form of the Oath in the Statute of 1 Eliz. cap. 1. Of which the Queens admonition saith , No other Authority is challenged , than that was challenged and lately used by King Henry the eighth , and Edward the sixth , that is , under God , to have the Soveraignty and Rule over all manner of persons , born within her Realms , Dominions and Countreys , of what estate either Ecclesiastical or Temporal soever they be , so as no other foreign power shall or ought to have any superiority over them . What was used in the days of Henry the eighth , and Edward the sixth , appears by the book of Acts and Monumens and Statutes in their days , to wit , the rejecting the Popes jurisdiction , appointing visitors , judging and deposing some Bishops , commands to take down Images , causing Divine service to be in the English tongue , the Bible in the English tongue to be in Churches , with many other things of the like kinde . the promise to defend them is [ to Our power ] whether by opposing the bringers in of a Forreign power , especially the Popes or by aiding the King in the right use of this Authority , neither is the power granted which may not be lawfully used or exercised , nor is the abuse of it required to be defended . With this explication , the Proposition is thus proved . That we may lawfully swear to assist and defend , which may lawfully be exercised , and may be of necessary use . This Proposition needs not any further proof being of it self manifest . But all the Jurisdictions , Priviledges , Preeminences and Authorities meant in the Oath according to the Queens explication in her Admonition , ratified in the proviso of the Statute 5. Eliz. may be lawfully exercised , and may be of necessary use , as appears by the recital of them and their use before specified : therefore we may lawfully swear to assist and defend them . The Objection that is made against this is , that these Jurisdictions , Preeminences , Priviledges , and Authorities were the same that were taken from the Pope and given to the King , and thereby Papal power was conferred on him . To which I answer , The power ( saith Hart Conference with Rainold , chap. 1. division 2. ) which we mean to the Pope by this title of the Supreme Head is , that the Government of the whole Church throughout the world doth depend of him : in him doth lie the power of judging and determining all causes of faith , of ruling Councils as President , and ratifying their Decrees ; of ordering and confirming Bishops and Pastours ; of deciding Causes brought him by Appeals from all the Coasts of the earth , of reconciling any that are excommunicate , of excommunicating , suspending or inflicting other censures and penalties on any that offend , yea , on Princes and Nations ; finally of all things of the like sort , for Governing of the Church , even whatsoever toucheth either preaching of Doctrine or practising of Discipline in the Church of Christ . Now this immense power , as too heavy for the shoulders of a mortal man , and as not belonging to the Kingly Office at all in many parts of it , is disclaimed by the Kings of England , as is before shewed , and not meant to be acknowledged in the Oath . Therefore , saith Dr. John Rainold Confer. with Hart , chap. 10. that which we take from the Pope we give not to any mortal creature , and having by the reading of Dr. Nowels reproof of Dormans proof of certain Articles convinced Hart the Jesuite , that no more is meant by it then what August . saith Epist. 50. that Kings do serve Gods as Kings , if in their own Realm they command good things , and forbid evil , not onely concerning the civil state of men , but the Religion of God also : thus much he did subscribe to . Out of all which I infer , that it was very presumptuously and unjustly made by Mounsier de la Militiere the crime of the Kings of England , which God chastised by the late Tragedy , that the Authority which God gave the King in Temporal matters was used by him for Governing Spiritual , in his tempting Epistle to his Majesty that now is , whom the Lord preserve and direct in the mannaging of this power of so great concernment to so many millions of precious souls as are within his Dominions . Amen . FINIS . 
A64190	----	The number and names of all the kings of England and Scotland, from the beginning of their governments to this present as also how long each of them reigned, how many of them came to untimely ends, either by imprisonments, banishments, famine, killing of themselves, poyson, drowning, beheading, falling from horses, slaine in battells, murthered, or otherwise / written by John Taylor ... Taylor, John, 1580-1653. This text is an enriched version of the TCP digital transcription A64190 of text R10068 in the English Short Title Catalog (Wing T492). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 40 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A64190 Wing T492 ESTC R10068 11815302 ocm 11815302 49530 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A64190) Transcribed from: (Early English Books Online ; image set 49530) Images scanned from microfilm: (Early English books, 1641-1700 ; 552:2) The number and names of all the kings of England and Scotland, from the beginning of their governments to this present as also how long each of them reigned, how many of them came to untimely ends, either by imprisonments, banishments, famine, killing of themselves, poyson, drowning, beheading, falling from horses, slaine in battells, murthered, or otherwise / written by John Taylor ... Taylor, John, 1580-1653. 32 p. [s.n], London : 1649. Reproduction of original in Bodleian Library. eng Great Britain -- Kings and rulers -- Early works to 1800. Scotland -- Kings and rulers -- Early works to 1800. A64190 R10068 (Wing T492). civilwar no The number and names of all the kings of England and Scotland, from the beginning of their governments to this present. As also how long eac Taylor, John 1649 6790 108 0 0 0 0 0 159 F The rate of 159 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-00 Aptara Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2001-10 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion The Number and Names of all the Kings of ENGLAND AND SCOTLAND , From the beginning of their Governments to this Present . As also how long each of them Reigned , how many of them came to untimely Ends , either by Imprisonments , Banishments , Famine , Killing of themselves , Poyson , Drowning , Beheading , falling from Horses , Slaine in Battells , Murthered , or otherwise . Written by John Taylor , at the Signe of the Poets Head , in Phoenix Alley , neer the middle of Long Aker , or Covent Garden . LONDON , Printed in the Yeare 1649. NOVERINT VNIVERSI . BE it known unto all men &c. History hath such sorce and vertue that it wil make a man a Traveller that never went 10. miles from home ; it will describe unto him Cities , Countries , Manners , Lawes , Customes , Fashions , Wars and Peace both at Sea and Land , it will give him admittance to speake with his hat on to the greatest Emperours , Princes , and Poten●ates , and all sorts of people and Nations that have inhabited the whole world : all this , true and well written Histories will furnish a man withall in his owne chamber . And because great bookes are of great prices , and our large Chronicles are of such high rates , that all men cannot reach to , I have at , mine owne cost , written and caused this Briefe to be Printed . Many Writers do make doubts whether this Land had ever any King called Brute ; but the most Authours do affirme , that when Troy was spoyled by the Greekes , that Prince AEneas fled into Italy , and there he was married to a daughter of Latinus , King of Tuscany , now the Dukedome of Florence , by which Lady he had a son named Ascanius , who was the Father of Silvius Posthumus , and that Silvius was the Father of Brute ; Brute being but 15 years old , unfortunately as he in a Forrest was hunting , slew his Father Silvius with an arrow as he shot into a thicket , thinking he hadshot at a Deere , for which he was banished from that Countrey , and shipping himself with a good , or great , number of his followers , he landed here , and was the first King of this Land . This is the opinion of many grave Writers , but divers learned men do oppose those Authors . For my part , I am sure that one King or other did reigne here when this Land was first a Kingdome , and because it beares the ancient name of Brittain or Brutaine , I do hold with su● . Authours , as for Brute do hold with me . Anno Mundi 2858. Yeares before Christ 1108. 1 BRute raigned 24. yeeres : to his 3. sonnes Locrinus , Camber , and Albanact , hee gave to the first England , to the second Wales , to the third Scotland . 2 Locrine raigned 20. yeers ; he beat the Hunns ( or Hungarians ) hence , who would have invaded this land , and their King was drowned in Humber . 3 Queene Guendoline ( wife of Locrine ) raigned 15 yeers , beloved and honored for her just and vertuous government . 4 Madan raigned 40. yeeres , was eaten by Wolves , as he was hunting● he was fierce and tyrannous : he built Doncaster . 5 Mempricius , the son of Madan , raigned 20. yeers , and at last ( like his father ) was devoured by Wolves . 6 Ebrank , built Yorke , and reigned 21 yeeres : he had by 21. wives , and other females , 20. sonnes , and 30. daughters : he lived in the times of K. David and K. Solomon . 7 Brute 2. raigned 12. yeers , buried at York . 8 Leile raigned 25. yeers , built Carlile , and some say Chester . 9 Rudhudibras raigned 29. yeers , built Canterbury , Winchester , and Shaftsbury . 10 Bladud raigned 20. yeers , built Bathe , brake his neck in practising to flie . 11 Leire raigned 40. yeers : he built Leicester , before Christs birth 830 yeers . 12 Cordelia , the Daughter of Leire , raigned 5. yeers : kild her selfe in prison . 13 Morgan and Cunedague were brothers , and grandchildren to Leire : they ruled together , but Cunedague slew Morgan at Glamorgan in Wales , and raigned 33. yeers . 14 Rivallo raigned 46. yeers : it rained bloud 3. dayes in his time : Rome was built out of the putrefaction of the bloud that fell : it bred swarms of hornets and horseflies , that stung many folks to death ; insomuch that with famine , and other calamities , there died so many that they which lived were not enough to bury the dead . 15 Gurgustus raigned 38. yeers : a most vicious Drunkard , and his Brother , 16 Sicilius raigned 49. of both which our Histories make no good mention . 17 Iago raigned 25. yeers : a wicked Prince : he died of a sleepy Le●hargy . 18 Kimmarus raigned 54. yeers . 19 Gorbo●ug raigned 63. yeers , as some write and some write but 42. let the Reader beleeve as he pleaseth . 20 Ferex and Porex were brethren : they were the last Princes of the Race of Brute ; Porex killed Ferex ; to revenge which their mother kild Porex , by which meanes this Land was without a King , and at division many yeares , and shared into 5. petty kingdomes . Some say Ferex and Porex raigned 50. yeers , and others write but 5. 21 M●lmutius Donwallo raigned 40. yeers : hee was the sonne of a Cornish Duke , named Clotton : he brought this Land againe into one Monarchy , and was the first King that wore a Crowne of Gold . 22 Belinus and Brennus were brethren , and shared this Land betweene them ; but ( disagreeing ) Brennus was forced from hence into France , from whence hee went and wan Italy , ransackt Rome , and at a siege of Delphos in Greece , he slew himselfe : Belinus raigned 26. yeers : he builded the Port called Belingsgate . 23 Gurguintus raigned 19. yeeres , hee overcame the Danes , hee sent many scattered and distressed Spaniards to inhabite Ireland . 24 Guinthelinus raigned 26. yeeres : hee built Warwicke . 25 Cecilius raigned 7. yeers , and was buried at Caerleon in Wales . 26 Kimarus raigned 3. yeers : a wicked King , kild by a wild Beast in hunting . 27 Elanius raigned 9. yeers : histories make little mention of him . 28 Morindus raigned 8. yeers : he fought with a ravenous Sea-monster , which had devoured many people , who also devoured the King , but hee killed the Monster afterward , for he was found dead with his dagger in his hand , in the belly of his devourer . 29 Gorbomanus raigned 11. yeers : a good King , built Cambridge and Gra●ham . 30 Archigalo , ●lidurus , Vigenius , and Peredurus , 31 were crowned and deposed again , and with 32 shusfling fortunes these 4. Kings raigned 28. yeers . From the time of Elidurus to King Lud , there reigned in this Land 33. Kings , of whom Historians doe make very various , or little mention , I will therefore but only name them . Gorbonian raigned 10. yeers , Morgan 14. Emerianus 7 , deposed . Ival 20. Rimo 16. Geruncius 20. Catillus 10. hee caused all oppressors of the poore to be hanged . But since that time they have increased much . Coylus raigned 20. yeers , Ferex 5. Chirimu 1 he kild himselfe with excessive drinking . Fulgon raigned 2. yeers , Eldred 1. Androgius 1. Eliud 5. Dodamius 5. Gurginius 3. Merianus 2. Blodunus 2. Capenus 3. Quinus 2. Sillius 2. Bledgabredus 10. Rodianus 2. Archemalus 2. Eldalus 2. Redargius 3. Samullius 2. Penisellus 3. Pirhus 2. Caporus 2. Dinellus 4. Helius ( or Elius ) 1. From this King the I le of Ely had its name . Of these Kings , 24. of them had very short times of either lives or raigns ; 4 of them raignd but 4 yeers , ( that is to say , each of them raignd but one yeere ) and in that course 11 of them reigned 22 yeares ( to years each , as many years as Eares ) 4 reigned each three yeares , and one reigned 4 years ; 3 had the happy , or unhappinesse to beare the royall toile , hazard and slavery each 4 years . But although Records and Histories are burnt , lost , and falsified , by the injury of warres , alteration of times , and partiality or flattery of Writers , that there is no mention made by what meanes all these Kings did come to their long homes in so short a time . It is more then conjecturable , that they died not all in their beds . 64 King Lud reigned 11. yeers : he named Troy-novant , ( or this City of new Troy ) Kair-Lud , or Lu●stowne : hee enlarged the building of London , from Ludgate ( which he founded for Freemen to lie in bondage ) to London stone , which stone was set up in memory of Lud , 60. yeeres before the Incarnation of our Saviour . 65 Cassibelane raignd 17. yeers : the 2. sonnes of Lud and Cossibelane fild this Land with blody contention , that whilst they strived for the mastry , Julius Caesar came in and mastred them . 66 Theomancius the son of Lud raigned 22. yeers : all that I can write of him is , that in memory of his Father and himselfe , his statue is on Ludgate . 67 Cimbelinus raigned 21. yeers : in his Raigne the Heavens did raine the showres , flouds , innundations of gratious love and favour to most miserable Mankinde ; for in this Kings time our blest Redeemer Jesus Christ was borne . 68 Guiderius raigned 21. yeers : in his time our Saviour suffered ; then Tiberius Caesar was Emperour of Rome , and commanded the knowne world . 69 A●viragus 28 yeares , a valiant man ; he founded and built Gloucester . 70 Marius reigned 53 years , he did much for the repairing of the Citie of Chester ; in his time , it is written , that good Joseph of Aramathea came hither , and taught the people Christianitie at Glastonbury in Somersetshire ; some Writers say that he was buried there , in a Chappell of his owne erecting , of which I saw the ruines and rubbish remaining in the yeare of grace , 1649. 71 Coylus the second reigned 55 years ; he built Coylchester , and was interred at York . 72 Lucius was the first King , of any Land a Christian , by the meanes and perswasion of godly men whom Elutherius Bishop of Rome sent hither , the King and People were brought from Paganisme to Christianity : Lucius cast downe 28 Heathen Temples , and erected Churches for Gods service . He reign'd 12 years , buried at Glocester , Anno Christi , 194. 73 Severus was an Emperour of Rome , he reign'd 18 years , he made a strong wall between England and Scotland , to secure us from the Invasion of the Scots , the wall was 112 miles in length , from the River Tyne to the Scottish Seas . Hee was slaine 78 years of age . 74 Bassianus reigned 6 years , he was Emperour of Rome , and son to Severus . 75 Ca●rasius reign'd 7 years , slaine by Alectus our first English Martyr ( Saint Alba● suffred martyrdome in his time . 76 Alectus was a bloudy Tyrant , reign'd 3 year killed by Asclepiodates . 77 Asclepiodates reign'd 2 yeares , as some do write , others relate 30 years ; he was all slain by Coyle Duke of Colchester . 78 Coyle Duke of Colchester reign'd 14 years , h● married Hellen who was the mother ● the Emperour Constantine , she beautifie●Jerusalem , with many faire buildings an● Churches , and she also walled London an●Colchester , where Coyle was buried , An. 315● 79 Constantius reigned 4 years , a good King , buried at York . 80 Constantine the great was an English m●●orne , he was Emperour of the Christia● world ; he was the Founder of Constant●nople , which was an old ruin'd Towne called Bizantium , he was zealous for God glory , for which he was honoured o● earth , and doubtlesse eternally glorified● He raigned 22. yeers . 81 Constantinus raigned 5. yeers , and his brothe● 82 Constantius 3. yeers : these were the sonnes●● the great Constantine : they raigned together , and together by the eares they fell , and never agreed till death made an end of the quarrell . 83 Octavius ( as some do relate ) raigned 54. yeers : he was Duke of Windsor ; hee was slaine by Traherus who succeeded him . 84 Traherus raigned 6. yeers , An. Dom. 353. 85 Constantius 2. raigned 1. yeer , slain by Gratia● . 86 Maximinianus raignd 1. yeer , slain by Gratian . 87 Gratian reigned not one full yeer , was slain : This Land at this time shook off the Roman oppression , having beene vassalls and payd tribute to Rome 483. yeers , An. Do. 446 88 Vortiger raigned 6. yeers : hee was an Usurper , and by his murthering of his lawfull Prince Constans , ( the son of Constantius 2. ) he gat the Crowne , and the peoples inveterate hatred ; insomuch that he was forced to send for Saxons out of Germany to ayd him against his owne subjects ; which Saxons not onely ayded , but invaded the whole Land , and Vortiger was deposed , and afterwards hee and his Queene burnt to death , by firing of the house where they lodged . 89 Vortimer the son of Vortiger ; raignd 11. yeers ; he was victorious against the Saxons , but was poysoned by his wife . 90 Aurelius Ambrose raigned 32. yeers ; a good King , yet was poysoned . 91 Uter Pendragon , ( which in Welsh is a Dragons head ) he cornuted a Duke of Cornewall , by corrupting the Dutchesse Igrene , on whom he begot Englands & the Christian Worlds Worthy ( Arthur ; ●●er was poisoned by the Saxons , after he had raigned 18. yeers . 92 Arthur raigned 16. yeers : hee was King of England , Denmark and Norway . He beat the Infidels and misbeleeving ●aracens in 12. great Battels : he instituted the Order of Knights of the Round Table at Winchester . He had a kinsman named Mordred , who ( in Arthurs absence ) usurped the Crowne ; but Arthur fought with the Rebels , slew Mordred their Leader , and in the fight lost his owne life , and won the name and fame to bee one of the 9. Worthies ; he was buried at Glastenbury . An. Dom. 541. 93 Constantine , ( some have written him the 4. of of that name ) raigned 3. yeers , was kild by his successor . 94 Aurelius Conanus raigned 33. yeers : Writers differ much in writing of this King , and the variation of times that were then : for this Land was divided by the Saxons into 7. Kingdomes , and in the time of 500. and od yeers following , they had to each Kingdome these Kings under named ; and those Lands , Shires , and Counties heerunto annexed . 1. Kent , the first Kingdome of the 7. Divisions , had to its first King Hengist , 2. Esk , 3. Octa , 4. Ymerick , 5. E●helbert , a good Christian King , he built St. Pauls London , and St. Peters at Westminster , 6. Eabald , 7. Ercombert , 8. Egbert , 9. Lother , 10. Edrick , 11. Wi●hed , 12. Edbert , 13. Edelbert , 14. Alick , 15. Ethilbert , 16. Cuthred , 17. Baldred : These 17. Kings raigned in Kent 372. yeers . 2. The South-Saxons Kingdome was onely Sussex and Surry : it continued under 5. Kings 113. yeers : and though Histories doe not mention their deaths , it seemes they died naturally , because so few Kings raigned so long in such cut-throat times as those were . 3. The third Kingdome was the tumultuous , it endured 561. yeers : it had 17. Kings , and contained the Counties of Cornewall , Devonshire , Somersetshire , Wiltshire , Hampshire , and Berkshire . 4. The East-Saxons , they raigned only over Essex and Middlesex ; they continued under 14. Kings 281. yeeres . 5. Northumberland had 23. Kings : it consisted of 6. Shires and Counties ; namely , Yorkeshire , Durham , Lancashire , Westmerland , Cumberland , and Northumberland . It was divided into 2. Kingdomes ; it lasted 379. yeers . 6. The East Angles bounds , were Suffolke , Northfolke , Cambridgeshire , and the Isle of Ely : under 15. Kings it continued 353. yeers . 7. The seventh , last , and greatest , was the Kingdome of the Mercians , it had 20. Kings : it continued 497. yeeres : it contayned 17. Counties ; Northampton , Leicester , Darby , Lincoln , Huntingdon , Nottingham , Rutland , Cheshire , Staffordshire , Oxfordshire , Worcestershire , Glocestershire , Shropshire , Bedfordshire , Warwickshire , Hartfordshire , & Buckinghamshire : All this while I finde that the Welchmen held their owne ; for there is no mention that any of those wrangling petty Kings had possession of so much as one Village in Wales . 95 Vortiporus raigned 4. yeeres , an incestuous Prince , with his Wives Daughter . 96 Malgo raigned 5. yeers ; hee murthered his Wife , and lived incestuously with his brothers Daughter . 4. Learned men were sent from Rome hither , to convert the Idolatrous Heathen Saxons , from Paganisme to Christianity : their names were Augustine , Melltius , John and Justus . 97 Careticus raigned 3. yeers , and being oppressed with the Saxons , he fled for saie●y into Wales , where he died . 98 Cadwane raigned 22. yeers , he tamed the Saxons of Northumberland . 99 Cadwallin raigned 48. yeers , a brave victorious Prince : hee was buried in London at St. Martins Ludgate . 100 Cadwallader raigned 3. yeers , a valiant and vertuous King : he was the last King of this Land called Britaine till his time , for then it was , and not till then , named Anglia , and the men English men . Cadwallader went to Rome , and died there . 101 Athelstane was a valiant noble Prince : hee raigned 15. yeers , he brought this Land to be but one Kingdome againe , after it had beene divided into 7. neere 600. yeeres : he was Crowned at Kingstone , and buried at Malmsbury , Anno Dom. 940. 102 Edmund raigned 5. yeers : he was son to Athelslane , slaine , and buried at Glastenbury . 103 Eldred raigned 9. yeers : the Da●es were entred heer and opprest the people , and banished him : he was buried at Winchester . 104 Edwin raigned 5. yeeres , was crowned at Kingstone ; he was deposed for being an incestuous ravisher of his own kinswoman , & murdring hir husband . 105 Edgar raigned 16. yeers , he was brother to Edwin , ( by birth , but not by nature ) Edgar was crowned at Bathe : he was a vigilant , a valiant , and a pious Prince , he had a navie of 3000. ships ( as some have written ) to scowre the Seas from Enemies and Pirats , hee built , and repayred of Churches and Religious Houses , the number of 47. He took 8. petty Kings of Wales prisoners , and they Rowed him in his Barge on the River Dee , to his Parliament at Chester : buried at Glastenbury . 106 Edward raigned 3. yeeres , crownd at Kingstone , murdered by his mother in law , and his unnaturall brother Etheldred , buried at Shaftsbury . 107 Etheldred raigned 38. yeers , he caused all the Danes to be slaine , or expeld out of England , he was buried in St. Pauls London . 108 Edmond ( sirnamed Ironside ) raigned 2. yeers , Canutus King of Denmarke came with a mighty power of Danes , to revenge their Nations being banished & kild in the time of K. Etheldred , but Edmond and Canutus cōbated singly , with condition that the Surving Victor should have all the Kingdom : The Royall Combatants fought gallantly , till through many wounds , & much blou● lost , they fell both downe in each others armes , and embraced : Then they agreed , that the Kingdome should be divided into halfes between them , and the longest liver take all ; which agreement they lovingly kept till a Traytor named Edricus , murdered K. Edmond ; for the which the Danish K. Canutus , put Edricus to death with most grievous exquisite torments . 109 Canutus raigned 20. yeers , buried at Winchester , An. Dom. 1038. 110 Harold the first raigned 3. yeers . 111 Hardicanutus raigned 3. yeers : This King was given so much to excessive drinking , that hee dranke himselfe to death at Lambeth : in joyfull memory wherof the merry Hock Mondaies were kept ye●rly , with dancing , and friendly meeting of neighbours , which some ( that have beene mistakingly thought wise ) have judged to be Popery . 112 Edward , called the Confessor , raigned 23. yeers ; he freed this Land from Danish slavery , having no heire , gave his Kingdome by Will , to his Kinsman William Duke of 113 Normandy , but Harold● crownd himselfe King , and in the ninth month of his raign , Duke William came , kild , and unkingd King Harold . Thus ended the Raignes of the Britaines , Romanes , Saxons and Da●s in this Land , from the yeer of the Wo●lds Cre●●ion 2858. before the birth of Christ 1108. yeers , which was 1150. yeeres : then ( by Deed of Gift , some write by Conquest ) William the first came hither , after a bloudy battell , neere Hastings in Sussex , with the slaughter of 70000. men on both sides , the Norman Duke was crowned an English King on Christmasse day following : he had a troublous raigne 21. yeers . 115 William 2 ( sirnamed R●fus ) raigned 13. yeers , hee was slaine in Newforrest in stead of a Deere , as he was hunting , buried at Winchester . 116 Henry the first raigned 35. yeeres , in much vexation , he was buried at Redding . 117 Stephen raigned 19. yeeres , in continuall trouble ; buried at Feversham . 118 Henry 2. raigned 34. yeers , in much unquietnesse . One of his sonnes named Jeffrey was troden to death in a throng at Paris : also his son Henry he caused to be crownd King in his own life time , which afterward vext him much : and ( to loade him with more afflictions ) his wife , with his sonnes Richard and John , raysed Armes against him ; he died in France , buried at Fonteverard , 1189. 119 Richard the first , called Cor de Lion , raigned 9. yeers , slaine . 120 John raigned 17. yeers , some have written that he was poysoned by a Monke , others write , he surfeited with eating Peaches . 121 Henry 3. raigned 56. yeers , and after a long , tedious , and troublesome life , had the miraculous fortune to die in his bed . 122 Edward the first raigned 35. yeeres . 123 Edward 2. raigned 19. yeers , murdered at Barklay Castle . 124 Edward 3. raigned 50. yeers , was buried at Sheen● , 1378. 125 Richard 2. raigned 22. yeers , murdered at Pomfret Castle . 126 Henry 4. raigned 14. yeers , buried at Canterbury . 127 Henry 5. raigned 9. yeers , buried at Westminster , 1422. 128 Henry 6. raigned 37. yeeres , murthered in the Tower . 129 Edward 4. raignd 22. yeers , buried at Winsor 130 Edward 5. was never Crowned , raigned o● murdered . 131 Richard 3. raigned not 3. yeers , slaine . 132 Henry 7. raigned 23. yeers , buried at Westminster , 1509. 133 Henry 8. raignd 37. yeers , buried at Winsor . 134 Edward 6. raigned 7. yeers , buried at Westminster . 135 Mary raigned 5. yeers , buried at Westminst. 136 Elizabeth raigned gloriously 44. yeeres . 137 James raigned 22. yeers , a learned man , a Poet , a Poets friend , and a peaceable King , buried at Westminster . 138 Charles raigned 24. yeers , Beheaded . Scotland began to bee a Kingdome 339. yeeres before the comming of our Savior : it hath been neere 2000. yeers under 108. Kings . Anno Mundi 1641. Years before Christ 330. 1 FErgus raigned 25. yeeres , he was a gallant spirited man , and was drowned by storm & shipwrack , neer Carigfergus in Ireland . 2 Fe●harius raigned 15. yeers , murthered . 3 Mainus raigned 29. yeers , he died in peace . 4 Do●nadilla raigned 28. yeeres , lived and died peaceably . 5 N●●hatus raigned 20. yeeres , a wicked man ; he was killed . 6 Reutherus raigned 26. yeeres , a good King . 7 Reutha raigned 14. yeers , hee voluntarily left the Crowne , and lived private . 8 Thereu● raigned 12. yeeres , was banished by his subjects , died at Yorke . 9 J●●●●a raigned 24. yeers , in peace . 10 ●●●●●●anus raigned 3● . yeers . 11 Du●●u● raigned 9. yeers , a cruell tyrant ; he was slaine . 12 Evenus raigned 19. yeers , a just King . 13 Gillus raigned 2. yeers , he was bastard to Evenus , was cruell , was slaine . 14 Evenus 2. raigned peaceably 17. yeers . 15 Ederus raigned 48. yeers , a good King . 16 Evenus 3. raigned 7. yeeres , a wicked man , he died in prison . 17 Metellanus raigned 39. yeers , a good King . 18 Caractacus raigned 20. yeers , about this time our Saviour was borne . 19 Corbredus raigned 18. yeers , a good King . 20 Dardanus raigned 4. yeers , he was by his own subjects beheaded . 21 Corbredus 2. raigned 35. yeers , a good King . 22 Lugtharus raigned 3. yeers , he loved bloudshed and lechery , and was murdred . 23 Mogallas raigned 36. yeers , a good man at first , but turnd bad , and was murdred . 24 Conarus raigned 14. yeers , a tyrant , was deposed , died in prison . 25 Ethodius the first , raigned 33. yeers , murdered by an Irish Harper . 26 Satraell raigned 4. yeeres , by his owne servants hee was murdred . 27 Donald the first , and first Christian King of Scotland , in Anno 199. he raigned 18. yeers . 28 Ethodius the second , raigned 16. yeers , by his owne Guard he was murdred . 29 A●hrico raigned 12. yeeres , a wicked King ; for his bad life his Noble men did rise against him so furiously , that to escape them he kild himselfe . 30 N●●●alocus raigned 11. yeeres , a tyrant , and was murdred , and cast into a Privy . 31 Findocus raigned 11. yeeres , was murdered by counterfet Huntsmen . 32 Donald 2. raignd one yeer , he was slaine . 33 Donald 3. raigned 12. yeers , he was a tyrant , and slame . 34 Crathil●●hus raigned 24. yeeres , he delighted in goodnes , he advanced Christian Religion , he lived peaceably , and died in peace , Anno 277. 35 Fincormachus raigned 47. yeeres , hee was pious and couragious , died in peace . 36 R●machus raigned 3. yeeres , hee was a cruell tyrant , beheaded . 37 A●gusianus raigned 3. yeeres , a good King , and slaine in ●ighting with the Picts . 38 E●●h●macus raigned 3. yeeres , murdered by treason of an Harp●r . 39 Eugenius the first raigned 3. yeers , slaine by the Picts and Roman● , in battell ; and all the Scotch people were forced to forsake their Country 44. yeeres . 40 Vergus 2. raigned 16. yeers , he recovered his Country valiantly fighting with Romanes and Picts , yet at last was slaine . 41 Eugenius 2. raigned 32. yeers , he was a good King , and died peaceably . 42 Dongardus raigned 5. yeers , a just couragious Prince . 43 Constantine the first raigned 22. yeeres , murthered by one of his Lords , whose daughter he had ravished . 44 Congalus the first , raigned 22 yeers . 45 Goranus raigned 34. yeeres , a well governing Prince . 46 Eugenius 3. raignd 23. yeeres , a good King . 47 Congallus 2. raigned 11. yeeres . 48 Kinnatillus raigned one yeer almost . 49 Aidanus raigned 35. yeeres . 50 Kenelihus the first , raigned one yeer . 51 Eugenius 4. raigned 16. yeeres . These 8. wèere good and just Kings , and died naturall deaths : and among all the Chronicles of Scotland , so many Kings successively had not the like fortune . 52 Ferquard the first , raignd 12. yeer , a wicked man , he was cast in prison by his Nobles , where he kild himselfe . 53 Donald 4 raigned 14 yeers , a good King , yet by misfortune drownd in the River Tay , as he was fishing for his Recreation . 54 Ferquard 2 raigned 18 yeers , a bad man , an● a worse king : he was killed by the biti● of a Wolfe , as he hunted . 55 Malduin raigned 20 yeers , his wife was je●lous , and strangled him , for which sh●e w● burnt . 56 Eugenius 5 raigned 4 yeeres , slaine . 57 Eugenius 6 raignd 10 yeeres , a good King● 58 Ambirkelethus raigned little more then ● yeere , he was a vicious Prince , and be● bad was badly used , murdred , Anno 6●● 59 Eugenius 7 raignd 17 yeers , a good King , ●● died in peace . 60 Mordacus raigned 16 yeeres . 61 Etsinus raigned 31 yeers , both good Prince and died peaceably . 62 Eugenius 8 raigned 3 yeers , he was good● first , but hee changing his maners , his Nobles chāged their loyalties , & murdred hi● 63 Fergus 3 raigned 3 yeers , as chast as a Go● was poysoned by his wife . 64 Salvathius raigned 20 yeers , a discreet Kin● 65 Achaius raigned 32 yeers , hee was a goo● King , Charles the Great being then Emperour and King of France , this Scottish King made a League with France , which League was never broken or crackt , although it be almost 900 yeeres old . 66 Congallus raigned 5 yeers . 67 Dongallus raigned 7 yeares , was drowned in the River of Spey . 68 Alpinus raigned 3 yeeres , beheaded by the Scots . 69 Kenneth 2 raigned 20 yeers , for his valour and other Princely vertues , he attained the sirname of Great , hee quite overcame and slew all the Nation of the Picts , and left his Kingdome , ( as he died ) in peace . 70 Donald 5 raigned 5 yeers , a bad life founda bad death , for he kild himselfe . 71 Constantine 2 raigned 16 yeers , slaine , as he fought valiantly with the Danes . 72 Ethus raigned 2 yeers , a wicked Prince , hee died in prison . 73 Gregorius ( who by his prowesse wan the name of Magnus ) raigned 18 yeers . 74 Donald 6 raigned 11 yeers , a good King . 75 Constantine 3. raigned 40 yeers , he was a valiant man , but hee left his Crowne for a Cowle , and died a Religious Monke . 76 Malc●lme the first , raigned 9 yeers , a good King , yet murthered . 77 Indulfus raignd 9 yeers , a couragious Prince , slaine by Danes . 78 Dussus raigned 5 yeeres , was murthered , although a good King . 79 Cudenus raigned 4 yeeres , a vicious Princ● murthered . 80 Kenneth 3. raigned 24 yeeres , a tyrant , h● was murdred . 81 Constantine 4 raigned 2 yeers , an usurper , ●● was slaine . 82 Grimus raigned 8. yeers , a lewd Prince , ● was slaine . 83 Macolme 2. raigned 30. yeers , he was a v●tuous Prince , yet was murthered by ● chiefest Courtiers , who flying away to g● over a frozen River called Farfar , the l●● brake , and the murtherers were drown●● 84 Duncan the first raigned 6. yeeres , a goo● King , murthered . 85 Mackbeth raigned 17. yeers , a cruell tyrant killd . 86 Macolme 3. raignd 36. yeers , a good King , slain● 87 Donald 7. raigned not a yeere , expulst as a● Usurper . 88 Duncan 2. raignd one yeer , an usurper , slaine . 89 Donald 8. raigned 3. yeeres , he was taken by Egar , had his eyes put out , and died in prison lamentably . 90 Edgar raigned 9. yeeres , a good King . 91 Alexander the first , raigned 17 yeers , he was a valiant good Prince , hee was called Alexander the fierce . 92 David the first , raigned 29. yeeres , a worthy King , hee built 11. stately Religious Houses , died in peace at Carlisle , buried at Dumfermling . 93 Macolme 4. raigned 12. yeeres , a maiden unmarried King . 94 William raigned 49. yeers , for his courage sirnamed the Lion . 95 Alexander 2. raigned 35. yeers , a good King . 96 Alexander 3. raigned 17. yeers , died of a fall from a Horse . 97 John Baliol raigned 4. yeeres , Edw. 1. King of England deposed him . 98 Robert Bruce raigned 24. yeeres , a wise , valiant Prince . 99 David 2. raigned 40. yeeres , a good King , was a prisoner 12. yeers in England , 1310. At this time there was scuffling for the Crown , Robert Baliol had the possession , and David the second expeld him , their Raignes are uncertainely written . 100 Robert 2. was the first King of the name of Stuarts 1371. hee was a good King , raigned 19. yeeres . 101 Robert 3. raigned 16. yeeres , a good King , whose life was full of affliction , hiSonne Prince David was famished to death by rebells in Scotland , and his son James was 1● yeeres prisoner in England . 102 James the first , raigned 13. yeers , after hi● 18. yeers imprisoned in England , hee w● slaine by traytors . 103 James 2. raigned 24. yeeres , slaine . 104 James 3. raigned 29. yeeres , slaine at Ban● nockburne field . 105 James 4. raigned 25. yeeres , slaine at ●lod●don field . 106 James 5. raigned 29. yeeres , a good King . 107 Mary daughter to James 5. her raigne wa● sull of trouble , shee was beheaded at Fo●●ringham Castle , after 18. yeeres thra● dome . 108 James 6. raigned 36. yeeres in Scotland , ● most Learned peaceable King . England had 33 Kings before Scotland had any● the number of our Kings were 138 , whereof 2 ; did not die naturall deaths ; for 7 were slain , 6 were murdered , 4 were poysoned , one was burnt , 2 fled the Land , one was beheaded , one dyed with drinking , one was banished , and one● deposed . The Kings of Scotland were in number 108. whereof 21 were slaine , 19 murdred , 3 killed themselves , 4 died in prison , 4 beheaded , 3 drowned , 1 banish'd , and 3 deposed . Thus of all the Scottish Kings , onely 50 dyed naturally , and 58 by casualties . By this short relation may bee perceived that the top of Honour is slippery , and most unsure , where is not to be expected any sure footing , or endurance of standing . For the King of Kings , being the Great and only Disposer of Kings and Kingdomes , hath in his just indignation ( for the peoples transgressions ) turnd and overturnd Monarchies , Principalities , States and Common-wealths . The Assyrian Monarchy began with confusion , and mouldred away to the Persian . The Persian glory was swallowed in the ravenous Gulph of a Grecian Conquest . The Grecian ( like a violent Blaze ) was no sooner in but out , was graspt into the hands of the triumphant Caesars . The Roman Greatnesse overthrew it selfe , with its owne weight ; insomuch that whereas it formerly had all , it hath almost lost all . Our England hath had his share in changings and alterations : first , by the Britaines ; secondly , by the Romans ; thirdly , by the Saxons ; fourthly , by the Danes ; fifthly , by the Normans ; and now lastly , ( by the permission of God ) by our selves . There have beene Commonwealths translated into Kingdomes , as Israel and Judah , and Kingdomes turnd into Commonwealths ; Italy is now divided into more then one , nam●ly Venice , Genoa , Luca , Pisa ; Also the Sw●zers , or Helvetians , are a free State . So are● greatest part of the Netherlands . And since it● the Almighties unresistable will to change the Nations Rule and Government , from a 5. or●● times changed Monarchy , into a Republiqu● I will not repine against divine providence , b● as I was a faithfull servant and subject 45. y● to two Kings , ( who were good Masters to m● so now I must obey the present Government , ●● else I must not expect that I should live und● it , or be protected by it . FINIS . 
A67233	----	Certaine serious thoughts which at severall times & upon sundry occasions have stollen themselves into verse and now into the publike view from the author [Wyvill coat of arms] Esquire ; together w[i]th a chronologicall table denoeting [sic] the names of such princes as ruled the neighbor states and were con-temporary to our English kings, observeing throughout ye number of yeares w[hi]ch every one of them reigned. Wyvill, Christopher, 1651?-1711. 1647 Approx. 95 KB of XML-encoded text transcribed from 47 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A67233 Wing W3784 ESTC R38784 18112258 ocm 18112258 106831 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A67233) Transcribed from: (Early English Books Online ; image set 106831) Images scanned from microfilm: (Early English books, 1641-1700 ; 1113:19) Certaine serious thoughts which at severall times & upon sundry occasions have stollen themselves into verse and now into the publike view from the author [Wyvill coat of arms] Esquire ; together w[i]th a chronologicall table denoeting [sic] the names of such princes as ruled the neighbor states and were con-temporary to our English kings, observeing throughout ye number of yeares w[hi]ch every one of them reigned. Wyvill, Christopher, 1651?-1711. Marshall, William, fl. 1617-1650. Wyvill, Christopher, 1651?-1711. Chronologicall catalogue of such persons as ruled the neighbour-states, and were contemporary to the severall kings of England, since the coming in of the Conqueror. [6], 36, [2], 41-88 p. Printed by F.B. for George Badger and are to be sold at his shop ..., London : 1647. Attributed to Wyvill by Wing and NUC pre-1956 imprints; coat of arms attributed by NUC. "W. Marshall sculpsit." Engraved t.p. "A chronologicall catalogue of such persons as ruled the neighbour-states, and were contemporary to the severall kings of England, since the coming in of the Conqueror, with some short notes thereupon ... / collected by C.W. Esqueir" (p. [2], 41-88) has special t.p. and imprint: London : Printed by F.B. for G. Badger, and are to be sold at his shop ..., 1647. Errata: p. 88. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- Kings and rulers -- Chronology. 2004-04 TCP Assigned for keying and markup 2004-05 Aptara Keyed and coded from ProQuest page images 2004-07 Emma (Leeson) Huber Sampled and proofread 2004-07 Emma (Leeson) Huber Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion CERTAINE Serious Thoughts which at severall times & upon sundry Occasions have stollen themselves into Verse and now into the Publike View from the AVTHOR Esquire . Together w th a Chronologicall table denoeting the names of such Princes as ruled the neighbor States and were con-temporary to our English KINGS , observeing throughout y e number of yeares w ch every one of them reigned . LONDON Printed by F. B. for George Badger and are to be sold at his shop in S t Dunstons Church-yard Fleetstreet . W. Marshall Sculpsit 1647 ▪ To THE RIGHT HONOURABLE AND TRULY VERTUOUS LADY , the LADY KATHARINE D'AR●I , These following POEMS are by the AUTHOR , Humbly DEDICATED and PRESENTED . TO The Reader . ANd now Reader I dare be bold to tell thee , that thou hast something of true worth and value within these leaves , since the foregoing Schedule hath acquainted thee with the name of a LADIE who is exemplarily eminent , in every reall perfection . It may bee thou wilt expect I should adde a word or two , as to the contents of the Booke thou art about to looke into ; and it shall bee onely this ; That , I can assure thee , it will neither wound , nor defile the hand that takes it up . CERTAINE Serious thoughts : Which at severall times and upon sundry occasions have stollen themselves into Verse , and now into the publike view . SOmetimes a well-aymd thought would point at Heaven But O mine heart , That broken Bow , carrying the shaft on even Aside doth start : Lord ! that I may not , from that mark decline Let my fraile Ew be back't with the true Vine , And give me Arrows winged from above With the sure flying feathers of the Dove , Then guide my hand , and make me levell right And 't is thy honour if I hit the White . On the 6. parts of Prayer . MY1Supplications often have prevail'd , Nor have my2Deprecations often fail'd ; My3Intercessions have been heard by thee ; But Lord ! 4 Confession best-becommeth me ; For all thy love ; for giving and forgiving , Accept the Sacrifice of my5Thanksgiving ; Little I say by6Imprecation , More , then , in all things , let Thy will be done . Going to the Sacrament of the LORDS SUPPER . THou ever-blessed Saviour , at thy death By by-partite Indenture didst bequeath Thy body , bloud , and merits to each one Whose grace-instructed faith cal's them his own , Whose sin-avoyding Actions doe proclaim , Him an Adorer of thine holy Name . Till thou O Lord , or call , or come again , Let me not violate the Counter-pane , Goe with me , O my gracious God , and give Life to my Faith , that I by Faith may live . On a particular Occasion . ROuze thee my too forgetfull Muse ; rehearse Th'Almightie's goodness in a thankfull verse , He only shew'd thee trouble , sent reliefe When best-applyed means but added griefe , He to his servants prayer had regard , And turn'd his Chastisments to a reward . ANOTHER . SHall cunning Satan still defraud my soule And steale into my heart by gilded sins ? He can make splendid , what is ne'r so foule ; He knowes not how to end , who once begins To tast his sly deceits ; beware , hee 'l give thee Poyson in sweetned pills , and so deceive thee . Vpon PSALM 90. 10. First written upon a bare leafe in QUARLES His Poems , over-against his verses on Mors tua . GReat God! this death-beleaguerd Fort cal'd Man Though strongly back't by nature , seldom can Out-last the seventeeth yeare ; though thou afford To my sin-stained life that number , LORD The third part of them have already slip't Me too regard less ; Satan still hath nipt Thy blooming crop , my weak resolves have bin Swift to dissolve into accustomd sin , O let th' uncertain remnant of my dayes Be dedicated to my Makers praise ; O that this lump of dust knod-up in bloud , Would once leave trifles , and pursue what 's good . Feare then I would not ; though a voice should say , Thy glass is run , and thou must dye to day , For so from sin , and sorrow should I rest ; And rise , not unto judgment , but a feast ; That marriage-Supper , which , we read , of old Was by the Bridegroom , to the Iewes foretold : That marriage Supper , where to heavens King Blest soules eternall Alleluja's sing . Vpon PSALM . 7. 12. 13 , 14. God is a righteous Iudge , strong and patient : and God is provoked every day . If a man will not turne , he will whet his sword : he hath bent his bow , and made it ready . He hath prepared for him the instruments of death : hee ordaineth his Arrowes against the Persecutors . HAst thou not heard O man , or canst forget This terrible Alarme , God will whet His sword , prepare his Arrows , and his bow ; Doth not experience daily bid thee know That , when he will revoke thy borrowed breath A Fly or Gnat's an Instrument of death , Canst thou shake off those thoughts w ch whisper to thee , This minut's sin for ever may undoe thee ? Will not thy head-strong Will be curbed by The thought of fathomless Eternity ? Or doth thy weak conceipt befoole thee so As once to think that God , though he be slow To punish , see 's not when thou goest astray , That thus thou dars't provoke him every day ? If man return not dost thou say ? is then The pow'r of turning in the choyse of men ? My soul Lord know's it is not , yet I see By thy command , what I should beg of thee ; Nor can I beg till thou my God prepare , My un-prepared heart and voyce to prayer . From my wast-field if any good proceed , Thou must be Author both of Will and Deed : Stub-up the thornes , un-pave the soyle and make The well-injected seed deep rooting take , Afford me fruitfull seasons that I may Bring some sheafs with me on my judgment day . Vpon MATTH . 10. 34. CAme then the God of peace to send the sword ? Doth variance accompany his word : Must all those sacred knots nature doth tye In Father , Mother , Brothers , Sisters dye ; Truth hath if selfe depos'd it , and I must Believ 't how-ever strange , yet sure 't is just . Nor doth Religion cancell or withstand , Or any way abbreviate that command : Whereby we duty-bound to Parents are , Nor Charity and love doth it impare , To other friends ; what 's theirs , to them impart We may , we must , and yet choose Mary's part : He , whose direction only point's-out Right The most disjoynted soules can re-unite , And so cement a friendship by his word Too strong to be dissolved by the sword . On a particular occasion . IN thee alone my wearied thoughts can find , Where to repose their doubts : my setled mind , On thee secure depends , great God arise ; Thy timely goodnesse to our wondring eyes May banish't joyes reduce , here fixed be My deaded hopes , and fetch new life from thee . Thy wonted mercies often shewn before , Imbolden my weak verse thus to implore Thy powerfull ayd , who , ever more then I By blest experience , could thy love discry ? In trouble , sorrow , sicknesse , feare and griefe , My case , to thee commended , met reliefe . My sins though many , cancelled by thee Shall neither prejudice my suit , nor me . I will not doubt , my God I know can doe 't My God I know can doe 't , I will not doubt . A Domino factum est istud . Nor was there ever any had recourse To him by humble prayer that sped worse ; For this , my heart within me shall rejoyce , In all distresses thou shalt heare my voyce ; And if at any time , my suite ungranted , Return , I 'le think 't is better for me wanted . To Master WROTH School-Master at EPPING in ESSEX . THose recollective Thoughts to me , Most welcome , SIR , must ever be ; Which to my memory represent , The time , under your roofe I spent ; Though spent improvidently , there Large fields of corne for reaping were : Yet I but glean'd , which make's my starved Muse Such leane , ill-thriven verses now produce . I might have learn't how to Decline All Vices ; and Forme by Divine Sweet Conjugations , my Sence To due and fitting Mode and Tence : You th' Pronouns , mine and thine did teach To be no more but Parts of Speech ; From you a Generall rule I might have got To use the world , as though I us'd it not . But Oh , how Zions plants would thrive and like , If it were fenced round with such a Dike As he , whose pithy Sermons double were In number , to the Sabbaths in the yeare ; Who , summon'd up to heaven , back hath sent His Posthume book t' attend the Sacrament . Nor is it from Ingratitude , that in The middle of my non-age I begin : Vnto his Care my childish yeares were given , Whose Cure now poynt's us out the way Heaven . Too few such men are found in any age As was the Guardian of my pupill-age ; He scorn'd the common roade , did not discharg By some raw scarce-made Bachilor his charge . Lord I admire thy providence , and see How vast a summe I am in debt to thee , But nothing have to pay : if thou do'st call For an account , behold , forgive me all Is all I can produce ; O cross the score , And make my love proportionably more . Scindimur incerti . CAn mans distracted fancy find the way To truth ; where thousand sects themselves display Supporting errour ? This terrestriall round hath scarce a place where Veritie is found . ASIA . ASIA , which only , glories to have ●een A spotlesse man , where Canaan hath been A type of Heaven , and the blest abode Of the whole world's creator Iacob's God , Where all the sacred pen-men once did preach , Nay , where the Lord himself vouchsaf'd to teach , Wallow's in darknesse now their Sun is set , With bended knees they crouch to Mahomet ; And in the stead of Sinai's Law-Divine , The Talmude is receiv'd in Palestine . AFRICA . THough Hippo's Sainted-Bishop Augustine Like a bright Lamp in Tunis once did shine ; In Aegipt , by St Mark , although were sown The early seeds of true Religion , Though Aethiopia's Eunuch did proclaime The Lamb whom he mis-tooke till Phillip came ; All 's now erased , and a man may say Nothing but error spreads in Africa . AMERICA . THis Spain-enriching new-found world , a gem Once proffer'd to our Henry's Diadem ; With reverence to their puppet-zemes do pray , Whil'st to them they themselves become a prey . Those devill-spirits every where appeare , Not honour'd though ador'd , serv'd but for feare ; And yet this now in-fatuated flock Shal know the Shepherds voyce and Bridgroom's knock : Their time of Gospell's next Religion may Still bending West find out America . EVROPE . NO harbour where my Sea-tost ship may lye , At Anchor , and expect felicity ! So many lands run o're , and yet not see A path directing to Eternity ! What hope remain's ? in Europ , sure , he shall That fly's Charybdis into Scyll fall . Opinions here , as much as faces vary , Some this , some that , some think the quite contrary . Hence 't is that every Nation may discover Her armed Natives murthering one another . Wa' st not from hence the King of France thought good , To drench his Sisters Nuptials in bloud ? Hence all the present forreign jarrs , and those Where T●weed her flowing streames doth interpose ; And as asham'd to heare warrs threats again , Hastens to hide her face within the Maine . Poor Soul , thy wearied foot-steps may in vaine Survey the universe , return again As farre from satisfaction as before , Vnlesse divine direction thou implore ; Lord teach my wary thoughts so to decline , All devious paths , as to keep close to thine . Vpon 1 Cor. 3. 11 , 12 , 13 , 14 , 15. For other foundation can no man lay , then that which is laid Iesus Christ. And if any man build on this foundation , gold , silver , precious stones , timber , hay stubble ; Every mans work shall be made manifest : for the day shall declare it , because it shall be revealed by fire : and the fire shall try every mans work of what sort it is . If any mans work that he hath built upon abide , he shall receive wages . If any mans work burn , he shall lose , but he shall be safe himselfe : neverthelesse , yet as it were by fire . THe heaven-instructed Master-builder layd Zions foundation , skilless men have reard Their own inventions : some have wooden made And saplesse doctrines , of small use when heard . Others their hay-like withering Sermons vent , No Scyth is sharper then their byting phrase ; Most bring us stubble , when the corn is spent , And trifles prosecute with strained praise . All these are combustible ; send that fire Thine holy Spirit , try , consume , refine , Thy Prophets so with sacred truths inspire That they may rectifie each crooked line . Vs hearers such affections affoord As fit 's a spirituall building to thee Lord. Vpon Amos 1. 11. Behold , the dayes come , saith the Lord God , that I will send a famine in the land , not a famine of bread , nor a thirst for water , but of hearing the words of the Lord. IN sacred Scripture , I have sometimes read A sorer famine threatned then of bread . That judgments fal'n on us . Where for a time I sojourn'd , West-ward in a Northern Clime , Two Counties , for the lack of Wine unable Were to invite us to the Holy Table ; This question rose , amongst discourse , about it , May not the Sacrament be given without it ? Some said it might , some that again deni'de , I dare not take upon me to decide , Nor unto other doe I ayme to give A Law : but for my own part thus conceive ; So God vouchsafe my soules repast to mak 't I care not though in Vinegar I tak 't , FEB . 8. 1642. T Is not base trembling , cowardize and feare That mak's me in this fighting age , forbeare To draw my sword : but seem an uselesse thing Perhaps , whil'st others by adventuring Gaine glorious titles ; for my Countries good My steps would fearlesse march in Seas of bloud , And welcome certaine ruine : yet I finde A war within my selfe , and stay behind . Eternall blessings fasten on the Crown , To Charles his head ; God grant him all his own : And may as long-liv'd curses fall upon Their heads who honour not his Princely Son , So from my heart I wish : and yet suspect Many unsound will sound that Dialect : The form-obtrudors may deform and make Eneruous ( whilst the Church of Rome doth take Advantage , and supplant Religion ) I l'e not thrust in my hand to help them on . Whose heart can lesse then bleed , whose head can be Lesse then a spring of teares , when his eyes see Distemper'd Zion , in this wofull plight , Her ●un with-drawn , inveloped with night ? My willing Muse , so she were unperplext , Could wish to sing her Nunc-Dimittis next . Ho! all that love her , all that passe this way , Contribute here your sighs , sit down to pray And mourn , till God , all other hopes are vaine , Make up the breaches of his Church again . Amen , So be it . Lord say Amen , let it be so , that we The beauty of thine holinesse may see . Vnum hoc , a te Domine , expetivi , usquè immo & usque Idem expetam : sacro-sanctae nempe ut aedis Tuae incola , populi tui laetitiâ fruar , Psallentique Israeli comes adjungar . Si fractus elabatur Orbis Impavidum ferient ruinae : Though all the Elements , like us , should jar And wrap up ruin'd Nature by the war , Though the worn Fabrick of the sphears above Should , in disjoynted fragments , downward move , And horrid Catarackts should headlong come With swift descent , to make the world one tombe , Yet should my feareless soule hope to espie , A place of safety in my Saviour's eye . That skilfull chymist's never-failing art , Can good , extracted out of ill , impart , And ev'n by her distresses rear a frame , That Zions re-built glory may proclaime ; Which , if my longing eyes but live to see , 'T is Lord that one thing which I beg of thee . Some foot-steps of this Warre traced . THe low-tun'd numbers of my humble Verse Cannot this Scene of death to th' life rehearse , I offer but one dish , and that I feare Will , Reader , worth thy tasting scarse appeare ; Yet may prepare thy stomach , thou wilt be Hereafter feasted with the Historie ; Some cunning hand will strike so high a string , That all the quarters of this Orb shall ring The great atchievements of our Nobles : they Shall live in numbers that are lap 't in clay , And those that make Iambicks in their pace , Shall , in Heroicks , run with nimble grace . Here my ingaged thoughts , could I but frame A verse that worthy were to beare his name , Would vent themselves and tell thee who did come Though lame yet loaden with much honour home . At Worster , first the Tragedy begun ; From worse to worse , since that , we head-long run : For follow South-ward , and discover still , The edge of War , but sharp'ned at Edg-hill : Many tall Cedars fell , some shaken lye , Yet discord bloomes again since Newbery . Besides these three , how many Fields have been Forc't into blushing tinctures , from their Green By flowing bloud ? This issue , though it be Not twelve yeares old , ô God by none but thee , Is curable , unless the selfe-same hand That heal'd that woman save this bleeding Land , We perish ; all our thoughts amazed are , On thee our eyes are fix't , thy people spare . Sure some Prophetick spirit gave the name , Vnto that Village where , beside the Lame Four thousand Christians all bereav'd of breath By fire-enraged Messengers of death , The setting sunne beheld , and at the sight Hastned his Western journey , and sent night To force a truce : 'T is call'd long - Mar-ston , yet Mars thy command I wish may soon be shortned in this Land. But can our wishes , which from flesh and bloud , And common-sence arise procure this good ? No , we have sinn'd , and each one must begin To be impartiall to his proper sin . O let us to the throne of Grace repaire With true-repentant , humbly-servent prayer , Presented in our Saviours Oratory , Then God will Finis write to this sad story . On the death of our Vertuous and deare friend Mistris Dorothy Warwick at Marsk , Aug. 6th 1644. IF only light griefs find a tongue ; and those That are extream , cannot themselves disclose Immur'd by stupid silence , surely then Nothing but flowing teares must from my pen Be-blur this paper : 't is beyond the art , Of language to expresse the smallest part Of our deep sorrowes for her losse , whose age Scarce to the Summer of her Pilgrimage Attayned had ; yet so ripe fruit , but few After the Autumne of their yeares , can shew . No act of hers could be esteemed lesse , Then one step forward to that place of blisse ; Where now her faith is crowned , and we find Her sweet and pretious memory behinde . Mors Mea. My flitting Soule must leave her house of clay , The tim 's not more uncertaine then the way And manner , whether my consumptive breath Shall leisurely-expiring creep to death , Or some more furious , hasty sicknesse have Commission to snatch me to my grave . Water may cause or th'torrid element , My dissolution by some accident . Ten thousand means and more doe this discry , That young , strong , healthfull , rich , and all may dye , Though I scape chance , and sickness , yet I must At length by age subdu'd crumble to dust . I dare not wish , nor were it fit , to be A carver for my selfe ▪ my God , to thee My willing soule resign's her fate , what s'ere Thou layest on me , give me strength to beare . Yet , if it stand with thy good pleasure , send Not suddaine death , nor sence-bereaved end . And if thou 'st honor with white haires my dayes ; O teach me how to spend them to thy praise , That when I shall forsake the sons of men , My better part may flye to thee , Amen . Mors Christi . Thou Son of God , descending from above Would'st manifest by that rare act thy love To poore lost mortalls ; did'st vouchsafe to take A death-subjected nature for our sake ; Nor did'st disdaine to have thy sacred face ; Made by those stubborn Iewes , their spitting-place . Thou patient stood'st the object of their scorn , Deck't in a purple robe , and crown of thorn ; And Millions of such troubles having past , A shamfull death thou underwent'st at last , All this for us and more ; for even as we , Thou tempted wast , the cup was drunk by thee , Which thy just-angry Father had prepar'd To ransome man by Sathan's art insnar'd . Mine heart to thee 's too poor an offering , Who by once dying took'st away death's sting . Fraus Mundi . Fond man I why doth thy fancy doat upon Such nothings , as the world can call its own ? Why should such Ignes fatui divert , Thy erring foot-steps , or mislead thy heart ? Belike thy soule but little light injoy's , For darkness gives the being to such toyes . Grant thou hast honour , beauty , riches , pleasure , Delitious fare with heaped summes of treasure , All in superlatives ; get one gem more , Or else the former makes thee but more poore : Nay thou must sell them all that one to buy , If thou do'st mean to gaine felicity . Gloria Caeli . Stay , doe not black this Paper , for it is A better Emblem of the place of blisse Then my dull pen can draw ; 't is pure and white May serve to represent eternall light ; Hath neither spot nor wrinckle , none of them May come within the new Ierusalem . But how should paper , or my lines , which are Composed both of ragges , such joyes declare As never eye , nor eare , nor heart , nor braine Of man within that small sphear could containe ? Yet may thy humble contemplation Discern some glimpses by reflection : Read then the glory of thy great Creator In this large book the world , which is his Creature . If wandring there thou chauncest to espy An object that is glorious in thine eye , Be it those greater , or the lesser lights Innumerably sparkling in cleare nights ; Or the those-emulating Diamond That pretious issue of inriched ground , Doth from some costly root a flow'r arise , Whose various colours please thy gazing eyes . Do'st thou admire the structure of some face , Which seem's to have engrossed every grace , Hast thou observed all the excellence , Wherewith Gods bounty feast's each severall sence ? Screw up thy meditation then , think , Lord If to earth on earth thou art pleas'd t' afford Such blessings , ô thrice happy sure they be Who sainted are in blest Eternity . Dolor Inferni . Let not thy over-curious appetite Thy puzled cogitations invite , To lose themselves in seeking hell , nor it Beyond the pillars of the holy-Writ , Think to discover : looke not to advance , Where God nil ultra writ's , thine ignorance . But know that there doth nothing want which can Adde tortures to that miserable man , Who 's thither cast for sinne ; in that curst place Nature run's retrograde to her own pace ; Fire administers no welcome light , But serv's in torment , and makes sad the night , The parched tongue for water call's , but that It 's cooling faculty hath quite forgot , By gnashing teeth and trembling yet is show'n That Hell is not without a Frozen-Zone : Once sleeping-conscience , then shall in despight Awake , and make those sufferings exquisite . What Vulture-Thoughts shall gnaw for evermore That heart which proffer'd mercy scorn'd before ? All objects , by the ever-weeping eye , Shall wound the Soul with curst Eternity . Now blessed Lord , inflame my keen desire To seeke that narrow path , which from this fire May keep my steps secure : sure 't is not that To which some fancies give a shorter date , No , purge me here , and make me leane upon That sure foundation , the true Corner-stone . FAITH . TVrn or'e the sacred leaves , th' Almighty hath By sweet gradations , open'd to thy Faith The word of promise , new-fal'n man hath got A new-found meanes , to spoyle the serpent's plot . For God hath said ; The woman's seed shall give A wound unto thy head , that man may live . Thence , through sucessive generations , trace That more explayned Covenant of Grace : Till , ( from the world's beginning slain ) the Lambe Attended by a quire of Angels came , In his rich bosome , bringing plenteous store Of blessings , only pointed at before ; And then observe , what pretious legacies Thy bounteous Lord bequeath's thy soule , and dye's To give thee life from both the Testaments , And from the heaven-ordayned Sacraments , Suck ever-flowing comfort : for to thee As well , as any heretofore , agree The still effectuall promises , which stand Now proffer'd to thy Faiths applying hand . HOPE . BVilt-upon this foundation , 't is the scope Of saving Faith's next coosen-german , Hope , With patient longings to expect that blisse Whereof , the former present earnest is . Faith ( in some sort ) already Christ injoy's ; Hopes object are those consummated joyes . Fides intuetur verbum rei , spes autem rem verbi . CHARITY . ANd from the fruitfull teeming womb of Faith Each work of Charity beginning hath ; From these the happy evidence is had Which prove's them sons of God , whom faith hath made . What e're thy God or Neighbours good requires Must be the serious bent of thy desires . Else know that to those things which heavenly bee A mis-call'd Faith cannot entitle thee . How dare presumptous hast once think to make Christ , Saviour and not Lord : sit down and take A survey of thine heart ; though nothing there Can justifie thee , yet unlesse thou beare The Image of thy God , and strive to frame Thy likened conversation to the same , Thou hast no part nor share in him who gave Himselfe to death , repentant man to save . Now blush you Rhemish factors who have lay'd Your envious heads together to upbray'd With liberty a doctrin which hath shown Far better , strickter precepts then your owne ; Perhaps you pick halfe sentences , and thence Extract an unmeant Heresie and sence . A cloud of reverend witnesses I might Produce , which neither more nor lesse do write As to this point ( though not in rime ) then lye Here recollected , for the readers eye . On GODS UBI QVITARY PRESENCE . NO gloomy shades , nor darkned face of night Can shrow'd a sinner , from the quick-ey'd sight Of all-discerning Heaven : God doth rule Beyond the controverted coasts of Thule . And his unbounded justice doth controle , The frozen vertices of either Pole. All inter-fluent seas , all Regions stand Subjected to the power of his command . Then let not fancy'd secrecy invite Thy deeds of darknesse to out-black the night , Nor though some forraine Clime thou wandrest in , Where no know'n face can argue thee of sin , Dare to let-loose thy rebell-soule , but know There is a God above , see 's all below : Who shall hereafter be thy judge , and then Thy bare-fac'd crimes , unmask't before all men , And Angells must appeare , nay more , the Devills Will aggravate , that prompted to , those evills . Decemb. 10. 1644. HOw many contradictions dayly come Born on the wings of lying same ! by some We hear of Battailes , stratagems , and sleights Whil'st others make them victories , or flights . All various rumors struggle for beliefe Whil'st varying humours feed the present griefe . Once more , the hopefull tearmes of happy-peace Salute's our greedy eares : O , may it please The all-disposing power above , to frame Our fitted hearts , to entertaine the same . Going to Bed. THus , on a pale sheete , I extended , shall Become ere long a livelesse coarse , and all These too-much prized trifles , which retard My soule in her best flights , without regard Or rellish , must be left : then , in my grave Where all things are forgotten , I shall have A coole and lonely lodging , by the earth Lock't-up from all this worlds mis-called mirth . If thou , O blest Creator , shalt restore The peace , ease , plenty we injoy'd before , Let not those over-valued blessings move Our earth-bred thoughts to sleight the things above ▪ Her 's no abiding City : but thy grace May make the house of death a resting place . Thou sacred Arbitrer of life and death , Who summon'st , at thy pleasure , vitall-breath , When in thy house , my elevated soule Should mount to thee , yet lingring-here , doth foule Her self with terrene fancies make mine eye Recall my thoughts , and preach mortality . There lyes those dear remembrancers , I have Two parents , and two children in one grave ; In twice-two yeares , thy wisdome saw it best To call these two sweet couples to their rest ; And since so neer , on both sides , I have seen Thine arrowes to me , teach me how to weane From this distemper'd globe , my mis-plac'd love And fix it firmly on the things above . Then if 't shall please thee next to call on mee , I 'le boldly leave this clay , and come to thee . May 10. 1645. Hearing the Birds sing after the departure of our deare MOTHER . ANd can you sing poor birds ? do you not see A mourning countenance on every tree ? Doth not each stone in this sad fabrick , tell What sable thoughts within these walls do dwell ? Since she who added sweetnesse to the spring , To Summer glory , she whose care did bring More fruit then Autumne , and from whom it was That Icy-Winter undiscern'd did passe , Hath left these habitations , my-thinks you Should leave henceforth your warbling sonnets too , Yet sing , but change your note and joyne with me , Tune your loud whistles to an Elegie . IUNE 8. 1645. MVst then the fate of York-shire , and the North Be try'd once more by dint of sword , step-forth Thou God of Battle , let the people see By the successe , which side is own'd by thee . — Sub amici fallere nomen Tuta frequensque via est — EAsie and undiscerned is the guile Which brings on mischiefe usher'd by a smile . Thus many who arride the Common-weale With joynt-pretences but disjoyn'd designe , Their own with publique interests intwine The better , and more covertly to steale Advantage to a party , putting on A forme of Paralell-expression , Faced with Good and Safety ; yet extend Their actions and endeavours to the end Of time , they 'l never meet , but hold a course In lasting distance still , from ill to worse ▪ Hei mihi ! qnas urbes , & quanto tempore Martis Ignaras , uno rapuerunt praelia cursit ? Claudiani carmen . Dum procerum mentes privata ad commoda torsae In commune vetant socias extendere dextr'as Buchanani carmen . A Chronologicall Catalogue of such PERSONS as Ruled the Neighbour-States , and were Contemporary to the severall Kings of England , since the coming in of the CONQUEROR , With some short notes thereupon : Observing throughout , the Number of Yeares , which every one of them lived , during the Raignes of our English KINGS . Collected by C. W. Esqueir . Multa me impedierunt . LONDON , Printed by F. B. for G. Badger , and are to be sold at his Shop in Saint Dunstans Church-Yard . 1647. Anno 1067. WILLIAM the Conqueror 21. Scotland Malcolm the third . 21 Oviedo & Leon Alphonso the sixth . 21 Navar Sancho the fifth . 09 Sancho the sixth . 12 Castile Sancho the first . 06 Alphonso the first . 15 After it was made a Kingdom , for there had been a former Sancho who was but Earle . Arragon Raymir . 19 Sancho . 02 France Philip the first . 21 Rome A Schisme . 19 This Schisme began about the yeare 1061. betwixt the Emperours , successively , and the Popes for almost 200. yeares . Victor the third . 01 Urban the second . 01 Emperour of Germany Henry the fourth . 21 Denmarke Harald third . 02 Canutus fourth . 10 Olaus . 09 Poland Boleslaus Audax . 12 Vlaslaus Hermanus . 09 Hungarie Soloman . 08 Gersa . 03 Ladislaus . 10 Emperour Constan. Constantinus Ducas . 03 Romanus Diogenes . 04 Michael Parapinit . 06 Neceph : Botoniates . 04 Alexius Comn . 04 North Wales Conan . 21 South Wales Theodore Magnus ▪ 10 Rhese the first . 11 An. 1087. William Rufus 13. Scotland Malcolm the third . 09 Donald Bane . 02 Edgar . 02 Oviedo and Leon Alphonso the sixth . 13 Navarr Sancho the sixth . 05 02 Pedro. 06 Castile Alphonso the first . 13 Arragon Sancho . 07 Pedro. 06 Portugall Henry of Lorreine . 13 France Philip the first 13 Rome Vrban the second . 12 The Emperour in pursuance of his own right , to conferre Ecclesiasticall honours , which had bin practised by the Caesars ever since Constantine teste Sliedano , warred with this Pope , and tooke him prisoner , who then solemnly made peace with the Emperour upon his own termes ; but soone after hee receded from those vowes , and renewed the warre , Excommunicating the Emperour . Paschall the second . 01 Emperour of Germany Henry the fourth . 13 Olaus . 02 Denmark Ericus . 11 Poland Vlaslaus Herm. 13 Hungary Ladislaus . 09 Calomannus . 04 Emperour Constan : Alexius Comn . 13 Hierusalem Godfrey of Bullen . 01 North Wales Conan . 12 Griffin . 01 South Wales Rhese the first . 06 Griffin the first . 07 An. 1100. Henry the first 35. Scotland Edgar . 07 Alexander the first . 17 David . 11 Oviedo and Leon Alphonso the sixth . 08 Vraca and Alph. the 7th 16 Alphonso the eigth . 11 Navarr Pedro. 04 Alphonso . 30 Garcia . 01 Castile Alphonso the first . 07 Urraca . 15 Alphonso the second . 13 Arragon Pedro. 18 Alphonso . 26 Petronilla and Raymund . 01 Portugall Henry of Lorreine . 11 Alphonso . 24 France Philip the first . 10 Lodowick the sixth . 25 Rome Paschall the second . 17 To whom Hen. the first made knowne by Ambassadors his right to investiture of Bishops being then assumed by the Clergy , and a quarrell betwixt the Popes and almost all Christian Princes . Gelasius the second . 01 Calistus the second . 06 Besieged Sutrium , took it , and in it his Competitor whom the Emperor had made Pope , and carried him disgracefully to Rome . Honorius the second . 05 Innocent the second . 05 Tancred . Beaumond . Roger. 10 Savoy Ame the second . Anno 1109. Emper. Germany Henry the fourth . 06 Henry the fifth . 19 Lothar . 10 Bohemia Borivorius . 08 Sutopulchus . 27 Denmark Ericus . 02 Harald the fifth . 31 Nicholaus . 02 Poland Vlaslaus Herman . 03 Boleslaus . 32 Hungarie Colomannus 08 Stephen the second . 18 Bela the second . 03 07 Emper. Con. Alexius Comn . 17 Calo Iohannes . 18 Hierusalem Baldwin . 18 Bald. the second . 15 Millicent & Foulk . 02 North Wales Griffin . 20 Owen . 15 South Wales Rhese the second . Griffin the second . An. 1135. Stephen 19 ▪ Scotland David . 18 Malcolm the fourth . 01 Oviedo & Leon Alphonso the eighth . 19 Navarr Garcia the seventh . 15 Sancho the seventh . 04 Castile Alphonso the second . 19 Portugall Alphonso . 19 Arragon Petronilla and Raymund . 19 France Lodowick the sixt . 02 Note that Lodowick and Lewis are the same name . Lewis the seventh . 17 Rome Innocent the second . 08 Was taken prisoner by the Duke Sicilie , and remmitted fairly ; after which he fled into France , and Anathamatized his competitor Peter . Celestine the second . Lucius the second . 01 Eugenius the third . 08 Anastitius the fourth . 01 Naples Roger. 14 William . 05 Savoy   Emperor of Germany Lothar . 03 Conradus the third . 15 Frederick Barbarossa . 01 Bohemia Vladislaus . 19 Sobislaus . 19 Denmarke Ericus the fift . 05 Ericus the sixt . 10 Sueno . 04 Poland Boleslaus . 05 Vladeslaus the first . 06 Boleslaus Crispus . 08 Hungarie Bela the second . 06 01 Gersa the second . 12 Empr. Const. Calo Iohannes . 07 Emanuell Comn . 12 Hierusalem Millicent and Foulk . 07 Baldwin the third . 12 North Wales Owen . 19 South Wales Griffin . Anno. 1154. Henry the second 34. Scotland Malcolm the fourth . 10 William . 24 Oviedo and Leon Alphonso the eight . 02 Fernand the second . 31 Alphonso the ninth . 01 Navarr Sancho the seventh . 34 Castile Alphonso the second . 02 Sancho the second . 02 Alphonso the third . 30 Portugall Alphonso . 29 Sancho . 05 Arragon Petronilla and Raymund . 07 Alphonso the second . 27 France Lewis the seventh . 26 Phillip the second . 08 Rome Adrian the fourth . 04 Granted a dispensation to our Henry the second , of the oath he had taken , by his Fathers will and command , to resigne Anjou to his brother Geofrey when he should come to the crown of England . Alexander the third . 22 Betwixt this man and the Emp. Fred. Barbarossa was hot warrs , he fled to Venice , and there the Emperours sonne being taken , he was forced to redeem him by submitting himselfe to the Pope ; Who troad upon his neck ; strangely applying Psal. 91. verse 13. Lucius the third . 04 Vrban the third . 02 Gregorie the eighth . Clemens the third . 02 Naples William . 15 William the second . 19 Savoy   Empr. Germ. Fred. Barbarossa . 34 Bohemia Sobeslaus 04 Vladislaus the third , Vldericus , Fred. Sobeslaus , Conrade . Wenseslaus , Henry . 30 Denmarke Sueno . 05 Valdemarus . 24 Canutus the fifth . 05 Swethland Sherco . 05 Carolus . 08 Canutus . 21 Poland Boleslaus Crispus . 19 Meizlaus . 04 Casimirus . 11 Hungarie Gersa the second . 07 Stephen the third . 18 Bela the third . 09 Empr. Const. Emanuell Comn . 24 Alexius Comn . 03 Andronicus Com. 03 Isacius Angilus . 04 Hierusalem Baldwin the third . 09 Almerick . 10 Baldwin the fourth . 12 Baldwin the fifth . 01 Guy . 02 Anno 1187. Saladine Sultan of Aegypt took Hierus . from Guy , and Anno 1517. Selimus the first added it to the Turkish Empire , where the possession yet remaines , though the Kings of Spaine insert that amongst their Titles . North Wales Owen . 23 David . 11 South Wales Cinerick and Meredith . Were taken by Henry the second , and their eyes put out . Anno. 1189. Richard the first 10. Scotland William . 10 Oviedo & Leon Alphonso the ninth . 10 Navarr . Sancho the seventh . 05 Sancho the eighth . 05 Castile Alphonso the third . 10 Portugall Sancho . 10 Arragon Alphonso the second . 07 Pedro the second . 03 France Phillip the second . 10 Rome Clemens the third . 02 Celestine the third . 06 Innocent the third . 02 Naples William the second . 07 Deposed by Pope Celestine the third . Tancred . Henry of Ger. 01 Savoy   Emperor of Germany Fred. Barbarossa . 03 Henry the sixth . 07 Bohemia Vladislaus the fourth . 09 Primislaus . 01 Denmark Canutus the fifth . 10 Swethland Canutus . 10 Poland Casimirus . 06 Lesco Albus . 04 Hungary Bela the third . 02 Emericus . 08 Emper. Con. Isacius Angilus . 06 Alexius Angilus . 04 North Wales David . 05 Leolin . 05 Anno 1199. Iohn 17. Scotland William . 15 Alexander the second . 02 Oviedo & Leon Alphonso the ninth . 17 Navarr Sancho the eighth . 17 Castile Alphonso the third . 15 Henry . 02 Portugall Sancho . 13 Alphonso the second . 04 Arragon Pedro. 15 Iames. 02 France Phillip the second . 17 Savoy Thomas Anno 1210. Rome Innocent the third . 16 Honorius the third . 01 Naples Henry of Germ ▪ 03 Frederick . 14 Emperor of Germany . Philip. 08 Otho the fourth . 05 Frederick the second . 04 Bohemia Primislaus . 17 Denmarke Canutus the fifth . 04 Valdemarus the second . 13 Swethland Canutus . 17 Poland Lesco Albus . 17 Hungary Emericus . 01 Andrew the second . 16 Emp. Const. Alexius Iunior . 01 Baldwin Earle of Fland. 02 Henry . 13 Beeter . 01 North Wales Leolin . 17 Anno 1217. Henry the third 56. Scotland . Alexander the second . 37 Alexander the third . 19 Oviedo and Leon Alphonso the 9th . 13 Fernand : the third . Seized on the Castiles . Navarr Sancho the eighth . 17 Blanch and Theob : of Champagne 19 Theobald the second . 18 Henry . 03 Castile Fernand : the second . 35 Alphonso the 4th . 21 Portugall Alphonso the second . 06 Sancho the second . 34 Alphonso the third . 16 Arragon Iames. 39 Pedro. France Philip the second . 07 Bretagne Lewis the eighth . 03 Saint Lewis . 44 Philip the third . 02 Britaine Iohn the Red , Anno 1250. in h'i line that Dutchy continued till the time of Lewis the 11h of France Anno 1488. Rome Honorius the third . 09 Gregory the ninth . 14 The See was voyd during this Kings Reigne , sometimes two or three yeares , and diverse of these Popes held it odde moneths . Celestine the 4th . Innocent the 4th . 11 Alexander the 4th . 06 Vrban the 4th . 03 Begun the observation of Corpus Christi-day , which was not generally observed till Iohn the 22d . Clemens the fourth . 03 Gregory the 10th . 02 Naples Frederick . 33 Conrade . 04 Manfroy . 07 Charles of Province . 12 Savoy Peter Anno 1256. Emperour of Germany Fred : the second . 33 Conradus the 4th . 04 Richard Earle of Cornwall . 06 Inter-regnum . 12 Rodulphus Habspurg . 01 Bohemia Primislaus . 22 Ottacarus . 34 Denmarke Valdemarus 26 Ericus the 7th . 09 Abell . 01 Christopherus . 07 Ericus the 8th . 13 Swethland Canutus . 05 Ericus . 27 Bingerius . 02 Valdemarus . 22 Poland Lesco Albus . 11 Uladislaus the 2d . 15 Boleslaus Pudicus . 30 Hungarie Andrew the second . 19 Bela the fourth . 35 Stephen the fourth . 02 Emperour Constan. Peter . 03 Robert. 07 Baldwin the second . 33 Michael Paleolagus . 13 North Wales Leolin . 23 David . 06 Leolin the second . 17 Anno 1274. Edward the first 34. Scotland Alexander the third . 14 A Warre for the Crowne of Scotland , King Edward being made Arbitrator , gave it to Iohn Balioll , Anno 1300. who kept it . 05 Robert Bruce . 03 Navarr Ioane Mar. Philip of France . 31 Lewis Huttin . 03 Castile Alphonso the fourth . 10 Sancho the third . 12 Fernand the third . 12 Portugall Alphonso the third . 05 Denis . 29 Arrgaon Pedro the third . 09 Sicily alwayes followed the fortune of Naples , till An. 1281 , this Pedro seized it , and after the Massacre of all the French , outed Charles of Province ; since that time it belonged to the house of Arrag . and so to Spaine . Alphonso the third . 06 Iames the second . 17 France Philip the third . 12 Philip the faire . 22 Rome Gregory the 10th . 01 Innocent the fifth . Adrian the fifth . Iohn the 21. Nicholas the third . 04 Martin the fourth . 04 Honorius the fourth . 04 The See was vacant two yeares by reason of the bitter dissention among the Cardinalls . Nicholas the fourth . 04 Celestine the fifth . 01 Boniface the eighth . 08 Benedict the eleventh . Clemens the 15th . 03 Naples Charles of Province . 10 Charles the second . 24 Emperor of Germany . Rodolphus Habspurg . 18 Adolphus Nossou . 06 Albert Austr . 10 Austria Albertus . 30 Bohemia Ottacarus . 04 Wenseslaus the second . 06 Wenseslaus the third 20 Rodolphus . 01 Henry of Carinthia . 03 Denmarke Ericus the 8th 14 Ericus the 9th 20 Swethland Valdemarus . 03 Magnus the 2d 13 Bingerius the 2d 18 Poland Boleslaus Pudicus . 06 Lesco Niger . 10 Boleslaus the 4th Henricus Pro●us . Uladislaus the 3d 03 Primeslaus . Venceslaus . 04 Uladislaus the 4th 02 Hungarie Ladislaus the 2d 17 Andrew the 3d 12 Venceslaus . 03 Otho . 02 Emper. Con. Michael Paleolagus . 21 Andronicus Paleol . 13 North Wales Leolin . 08 Anno 1282. Hee was brought prisoner to London , and here end the Princes of the Welsh bloud . Turke Anno 1300. Ottaman took Nice and began the Turkish Empire . 08 Anno 1308. Edward 2d . 19. Scotland Robert Bruce . 19 Navarr Lewis Huttim . 07 Philip the long . 05 Charles the faire . 07 Castile Fernand. the third . 04 Alphonso the fifth . 15 Portugall Denis . 17 Alphonso the fourth . 02 Arragon Iames the second . 19 France Philip the faire . 06 From whose daughter Isabell married to Edward the second , his sonne Edward the third , had his Title to the Crown of France ; her brothers Lewis Huttin , Philip the long , and Charles the faire all dying issuless . Lewis Huttim . 02 Philip the long . 05 Charles the faire . 06 Rome Clemens the 15th 06 Vacant . 02 Iohn the 22. 11 Against whom Lewis the Emperor set up Nicholas the fifth . Naples Charles the second . 02 Robert. 17 Empr. Germ. Henry the 7th 06 Lewis of Bavar . 13 Austria Albertus the 2d 19 Bohemia Henry of Carinthia . 03 Iohn of Luxemb . 16 Denmark Ericus the 9th 14 Christophorus the 2d 05 Swethland Beringerius the 2d 05 Magnus the 3d 13 Magnus the 4th 01 Poland Uladislaus the 4th 19 Hungarie Otho . 01 Charles the first 18 Empr. Const. Andronicus Paleolag : 17 Andronicus Iunior . 02 Turky Ottaman the first . 19 An. 1327. Edward the 3d 50. Scotland Robert Bruce . 05 Edward Baliol. 10 David Bruce . 29 Robert Steward . 06 Navarr Charles the faire . 01 Ioane Mar. Phil. of Eur. 21 Charles the second . 28 Castile Alphonso the fifth . 23 Pedro Crudelis . 18 Henry the second . 09 Alphonso the fourth . 30 Portugall Pedro. 10 Fernand. 10 Arragon Iames the second . 01 Alphonso the fourth . 08 Pedro the fourth . 41 France Charles the faire 01 Philip de Valoys . 22 Iohn . 14 Charles the fifth . 13 Burgundy Philip the hardy Anno 1369. Rome Iohn the 22. 07 Benedict the 12th 07 Clemens the sixth . 10 Innocent the sixth . 10 Urban the fifth . 08 Gregory the 11th 08 Naples Robert. 15 Ioane . 29 Charles the third . 06 Emper. Germany Lewis of Bavar . 19 Carolus the 4th 31 Austria Albert the 2d 32 Leopold . 18 Bohemia Iohn of Luxemb : 19 Charles . 16 Wenceslaus the 4th 15 Denmarke Christopherus the 2d 07 Valdemarus the 3d. 41 00 Margaret . 02 Swethland Magnus the 4th . Magnus the fift . Albertus . Poland . Vladislaus the 4th . 06 Casimirus Magnus . 38 Ludovicus . 06 Hungarie Charles . 15 Ludovicus . 35 Empr. Const. Andronicus Iun. 27 Iohn Paleolagus . 23 Turky . Ottoman the first . 01 Orchanes . 22 Amurath . 23 Baiazet . 04 Anno. 1377. Richard the second . 22. Scotland Robert Steward . 13 Robert the 2d . 09 Navarr Charles the 2d . 09 Charles the 3d. 13 Castile Henry the 2d . 02 Iohn . 11 Henry the 3d. 09 Portugall Fernand. 08 Iohn . 14 Arragon Pedro the 4th . 10 Iohn . 08 Martin . 04 France Charles the 5th . 04 Charles the sixth . 18 Rome Gregory the 11th . 01 Vrban the sixth 11 Sent into England to require the Kings ayd , against the Cardinalls , whom he named Schismaticks , for electing another Pope , whom they called Clement : and the Cardinals did the like for their creature , but Vrban prevailed , and Henry Spencer Bishop of Norwich carried over an Army for his assistance : behold the Vnity of the Roman Church . Boniface the ninth . 10 Naples Charles the third . 09 Ladeslaus 13 Emperour of Germany Charles the fourth . 01 Venceslaus . 21 Austria Leopold . 09 Albert the third . 09 Albert the fourth . 04 Bohemia Venceslaus the fourth . 22 Denmark Margaret . 22 Swethland Albertus . 10 Margaret . 12 Poland Lodovicus . 06 Vladislaus the fifth . 16 02 Hungary Lodovicus . 06 Mary Mar. Char. of Napl . 02 Sigismund . 12 Emper Const. Iohn Paleolag . 10 Emanuell Paleolag . 12 Turke Bajazet : 22 Anno 1399. Henry the fourth 14. Scotland Robert the third . 07 Iames the first . 07 Navarr Charles the third . 14 Castile Henry the third . 08 Iohn the second . 06 Portugall Iohn the first . 14 Arragon Martin . 13 Ferdinand . 01 France Charles the sixth . 14 Amede Anno 1409. Rome Boniface the ninth . 05 Peter de Luna a Spaniard , alias Bennet the 13. alias Clement the 7th was Anti-Pope , and held the See at Avignion , till the Councell of Pisa deposed both him and Grego . the 12th and chose Alexand. the 5th , which both the former for a while resisted : so the Roman Church was during that time a Monster with three heads . Innocent the seventh . 02 Gregory the twelfth . 03 Alexander the fifth . 01 Iohn the twenty third . 03 Naples Ladislaus . 14 Florence Iohn de medicis Anno 1410. Emp. Germ. Venceslaus . 01 Rupert Palat. 10 Iadocus Barbatus . 01 Sigismund Hung. 02 Austria Albertus the fourth . 14 Bohemia Wenceslaus the fourth . 14 Denmark Margaret . 12 Ericus Pomeran . 02 Poland Vladislaus the 5th . 14 Hungary Sigismund Brand. 14 Emp. Const. Emanuel Paleolag . 14 Turky Mahomet the first . 14 Anno. 1413. Henry the fift . 9. Scotland Iames the first . 09 Navarr Charles the 3d. 09 Castile Iohn the 2d . 09 Portugall Iohn the first . 09 Arragon Ferdinand . 03 Alphonso the 5th . 06 France Charles the 6th . 09 Rome Iohn the 23d . 02 No Pope for almost . 03 Martin the 5th . 04 Decreed that a generall-Councell should bee held every tenne yeares . Naples Ladislaus . 02 Ioane the 2d . 07 Florence Iohn de Medicis . 09 Emperor of Germany Sigismund Hung. 09 Assembled the Generall-Councell at Constance and deposed all the three Popes , videl . Bennet the 13th . Gregory the 12th . and Iohn the 23d . For Alexander the 5th . lived scarce a year , and dyed during the schism : it was then decreed that a Generall-Councel was above the Pope . Austria Albertus the 4th . 09 Bohemia Venceslaus the 4th . 05 Sigismund . 04 Denmarke Ericus Pomer . 09 Poland Vladislaus the 5th . 09 Hungary Sigismund Brand. 09 Emperour Emanuel Paleolag . 08 Constan : Iohn Paleolag . 01 Turke Mahomet the first . 03 Amurath the 2d . 06 Anno 1422. Henry the sixth . 39. Scotland Iames the first . 26 Iames the 2d . 13 Navarr Charles the third . 03 Blanch Marr. Iohn of Arra . 36 Castile Iohn the 2d . 32 Henry the fourth . 07 Portugall Iohn the first . 11 Edward . 05 Alphonso the 5th . 23 Arragon Alphonso the 5th . 36 Iohn the 2d . 03 France Charles the 6th . 01 Charles the 7th . 38 Burgundy Phillip the good , Anno 1424. Lord also of almost all the Netherlands , or Flaunders unit●d . Rome Martin the 5th . 08 Eugenius the 4th . 16 The councells of Basil and Florence one against the other , whilest the one cleaves to Eugenius , and the other to Felix Anti-Pope . Nicholas the 5th . 08 Calistus the 3d. 03 Pius the 2d . 04 Naples Ioane the 2d . 12 Alphonso . 24 Ferdinand . 03 Florence Iohn de Medicis . 39 Emperor of Germany Sigismund Hung. 17 Albert the second . 01 Duke of Austria , since which time , the German Emperors have beene alwayes of that family . Frederick the third . 21 Austria Albert the fourth . 17 Frederick . 22 Bohemia Sigismund . 15 Albert of Austr . 03 Ladislaus . 18 Georg. Pogiebrac . 03 Denmark Ericus Pomer . 17 Christop herus Bavar . 09 Christianus the first . 13 Swethland 26 Carolus Canutus . 13 Poland Hedingis Mar. Vlad . 5th 09 04 Vladislaus the 6th 10 02 Casimer the 4th 14 Hungary Sigismund Brand. 16 Albert. 02 Ladislaus the 3d 04 By the instigation of Pope Eugen. 4th broke the truce he had solemnly sworn to , with the Turke , and was miserably discomfited and slaine . Vladislaus . 14 Matthew Coruin . 03 Emper Const. Iohn Paleolagus . 22 Constantinus Paleolag . 09 In his time the famous City and Empire of Constantinople was taken by Mahomet the 2d , or the great . Turky Amurath the 2d 28 Mahomet the 2d . 11 Anno 1461 Edward the 4th 22 Edw. the 5th Rich. the 3d. 2 dimi . 24 Dimi . Scotland . Iames the second . 01 Iames the third . 23 dimi . Navar Blanch Mar. Iohn of Arr. 18 Leonora Mar. Gaston de Foyx 00 Francis Phebus . 04 Cath. Mar. Iohn of Alb. 02 dimi . Castile Henry the 4th 14 Isabell Mar. Fred. of Arrag . 10 This Ferd. began the Spanish Monarchy , Anno 1475. and was sir-named the Great . Portugall Alphonso the 5th 20 Iohn the 2d 04 dimi . France Lewis the 11th 23 Charles the 8th 01 dimi . Savoy Charles Anno 1481. Burgundy Charles , after whose death that Dutchy was seized on by Lewis the 11th of France ; and the County ( for so was the distinction ) went , by Mary daughter to this Charles unto Maximillian the Emperor , about the yeare 1498. and from him to his son Charles , and so continues with the Kings of Spaine . Rome Pius the 2d 03 Paul the 2d 07 Sixtus the 4th 12 Innocent the 8th 02 Naples Fernand. 24 dimi . Florence Cosmo de Medicis . 04 Peter de Medicis . 07 Lorenzo and Iulian. 13 dimi . Emp. Germ. Frederick the 3d 24 dimi . Austria Frederick 24 dimi . Bohemia George Pogiebrach . 10 Ladislaus the 2d 14 dimi . Flan. Vnited Philip the good . 06 dimi . Charles the warlike . 09 Mary . 05 Maximil . Aust. 05 Philip : Austr . 04 Ioane Castile . 04 In whose successors the Kings of Spaine , remained the command of those Provinces till the States rejected Philip the second for breach of their Priviledges , Anno 1570. or thereabout . Denmark Christianus the first . 21 Iohannes . 03 dimi . Swethland Carolus Canutus . Vpon the discontent of the people retired himselfe , and they appointed Marshalls in the stead of Kings , and so continued till Gustanus Bishop of Vpsall betrayed that Country to the Dane Anno 1519. Poland Casimirus the 4th 24 dimi . Hungary Mathew Coruin . 24 dimi . Turky Mahomet the 2d 20 Bajazet the 2d 04 dimi . Anno 1485. Henry the 7th 23. and an halfe . Scotland ▪ Iames the 3d 05 dimi . Iames the 4th 18 Spaine Fernand. the great . 18 dimi . Philip of Austr : Son to Maxml . the Emperor . 05 Navarr Kath. Mar. to Iohn of Albert. 23 dim In this man's time , Fernand. the great of Spaine surprized Navar , and his successors yet hold it , but Anthony of Burbon married Ioane the right Heire of it , and so conveyed the just title to his successors the Kings of France . Portugall Iohn the second . 09 dimi . Emanuell . 14 France Charles the 8th 12 dimi . Lewis the 12th 11 Rome Innocent the 8th 05 dimi . Alexander the 6th , Father to Caesar Borgia the eminent patterne of all Villanie . 11 Pius the 3d Iulius the 2d 60 Naples Fernand. 08 dimi . Alphonso the 2d Fernand. the 2d 03 Florence Lorenz . and Iulian. 06 dimi . Peter . 17 Fred. the 2d In whose time the Spaniard and French joyned together to spoyle him of the Kingdome , which at first they devided betwixt them ; but Anno 1503 , the KING of Spayne made himselfe sole master of it . Emperour of Germany Frederick the third . 08 dim . Maximillian the first . 15 Austria Frederick . 08 dim . Maximillian . 15 Bohemia Ladislaus . 23 dim . Denmarke Iohannes . 23 dim . Poland Casimir the 4th . 08 dim . Iohannes of Albert. 09 Alexander . 05 Sigismund . 02 Hungarie Mathew Corvin . 05 dim . Vladislaus the 2d . 18 Turky Bajazet the 2d . 23 dim . Anno 1509. Henry the eighth 38. Scotland Iames the 4th . 05 Iames the 5th . 28 Mary . 05 Spaine Pillip Arch Duke of Austr . 07 Charles the 5th . Emp. 31 — Atque hinc diademata mundo — Sparsit Iberae domus . Portugall Emanuel . 12 Iohn the 3d. 26 France Lewis the 12th . 06 Francis the first . 32 Savoy Charles the 3d. Anno 1536. Rome Iulius the 2d . 04 Leo the 10th . 09 Adrian the 6th . 02 Clemens the 7th . 10 Paul the 3d. 13 First called the Counsell of Trent . Florence Peter . In his time the French seized on it , and Leo the 10th , Pope , as also his successour Clement the 7th being both of the family of the Medicis , after long wars , by the help of Charles the 5th . Emp. got it restored to Alexander grandson to Peter . Anno 1531. 16 Emperor of Germany . Maximilian . 10 Charles the 5th . 28 Son to Philip of Spain and Austria , after whom the Emp. befell his brother Ferd. and to his son Philip Spaine , &c. Bohemia Ladislaus the 2d . 07 Ludovicus the first . 10 Ferd. Austria . 21 Brother to Charles the 5th Emp. likewise K. of Hungary , and afterwards Emperour himselfe . Denmarke Iohn . 05 Christianus the 2d . 09 Frederick . 12 Disposessed his Vncle Christian : the second , who for his cruelty had lost the affections , both of his own people of Denmarke , and also of newly-conquered Swethland . Christianus the 3d. 12 Poland Sigismund . 38 Swethland Gustanus Erious . 24 Anno 1523 , this man recovered his Country from the subjection of the Danes , and outed Christianus the 2d . King of Denmark . Hungarie Vladislaus the 2d . 08 Lewis the 2d . 10 Ferdinand of Austr . 20 Brother to Charles the 5th Emp. likewise of Bohemia , and afterwards himselfe Emperor . Turky Bajazet the 2d 03 Selimus . 07 Solyman the Magnif . 28 An. 1547. Edward the sixth . 06 Mary . 05 11 Scotland Mary . 11 Spaine Charles the 5th . Emp. 11 Portugall Iohn the 3d. 10 Sebastian . 01 France Henry the 2d . 11 Rome Paul the 3d. 03 Iulius the 3d. 05 Marcellus the 2d . Paul the 4th . 03 Florence Alexander de Medicis . 03 Cosmo de Medicis . 08 Empr. Germ. Charles the 5th . 11 Denmark Christianus the 3d. 11 Swethland Gustanus Ericus . 11 Poland Sigismund . 01 Sigismund the 2d . 10 Turky Solyman the Magnif . 11 Anno 15558. Elizabeth 45. Scotland Mary . 09 Iames the 6th . 36 Spaine Philip the 2d . 40 Son to Charles the 5th . Emp. and first branch of the Austr . family . This Philip had a sonne named Charles , elder then Philip the third , but hee suffered him to be put to death in the Inquisition . Philip the 3d. 05 Portugall Sebastian . 20 Henry the Cardinall . 02 Antonio From whom Philip the 2d . of Spaine took that Kingdome by force . France Henry the 2d . 01 Francis the 2d . 01 Charles the 9th . 14 Henry the 3d. 15 Henry of Burbon . 14 Savoy Emanuel Philibert . Anno. 1558. Rome Paul the 4th . 03 Pius the 4th . 06 01 Pius the 5th . 05 Gregory the 13th . 13 Sixtus the 5th . 05 Vrban the 7th . Gregory the 14th . 01 Innocent the 9th . Clemens the 8th . 11 Florence Cosmo de Medicis . Father to the late Q. Mother of France . Emper. Germany Ferdinand . 07 Brother to Charles the 5th . likewise K. of Bohemia , and Hungarie , and second branch of the Austr . family . Maximilian the 2d . 12 Rodulphus the 2d . 26 Denmarke Frederick the 2d . 29 Christianus the 4th . 16 Swethland Gustanus Ericus . 03 Ericus Filius . 08 Iohn . 24 Sigismund . 10 Poland Sigismund the 2d . 13 03 Henry the 2d . 02 Stephen . 10 01 Sigismund of Swethland . 16 Turky . Solyman the Magnif ▪ 09 Selimus the 2d . 08 Amurath the 3d. 20 Mahomet the 3d. 08 An. 1603. Iames the first 22. Spaine Philip the 3d. 17 Philip the 4th . 05 France Henry of Burbon . 07 Lewis the 13th . 15 Savoy Charles Emanuel 1620. Rome Clemens the 8th . 02 Leo the 11th . Paul the 5th . 16 Gregory the 15th . 02 Urban the 8th . 02 Emperour of Germany Rodolphus . 10 Matthias . 07 Ferdinand the 2d . 05 First of the house of Gratz the 4th branch of the Austrian family . The 3d. having forfeited his right to succession , by marrying a Burgers daughter . Denmarke Christianus the 4th . 22 Bohemia Frederick Palatin . Rhen. Swethland Sigismund . 04 Charles . 10 Anno 1607. this Charles Vncle to Sigismund , seized the kingdome to himselfe . Gustavus Adolphus . 08 Poland Sigismund of Swethland . Hungarie Bethlem Gabor of Transil . Anno 1620 , the Hungarians rejected the Germane Government , and chose this man. Turky Achmat. 15 Mustapha . 05 Osman . Amurath the 4th . 02 PAge 42. l. 1. r. after which there were continuall . Wars betwixt the Emperor , &c. p. 48. l. 3. adde of . FINIS . 
A69451	----	The character of a bigotted prince, and what England may expect from the return of such a one Ames, Richard, d. 1693. 1691 Approx. 44 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A69451 Wing A2975AB ESTC R9100 13274820 ocm 13274820 98713 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69451) Transcribed from: (Early English Books Online ; image set 98713) Images scanned from microfilm: (Early English books, 1641-1700 ; 450:8 or 1663:3) The character of a bigotted prince, and what England may expect from the return of such a one Ames, Richard, d. 1693. [4], 22, [1] p. Printed, for Richard Baldwin ..., London : 1691. "Licensed, May the 9th, J.F. 1691." Includes half-title page. Attributed to Ames by Wing. The "bigotted prince" is James II. Item at reel 450:8 identified as Wing C1963 (number cancelled in Wing 2nd ed.). Item at reel 1663:3 has advertisement, "Books printed for R. Baldwin," on p. [1] at end. Reproduction of originals in the Huntington Library and the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Jacobites. Great Britain -- Kings and rulers -- Succession. Great Britain -- Politics and government -- 1689-1702. 2005-03 TCP Assigned for keying and markup 2005-03 Apex CoVantage Keyed and coded from ProQuest page images 2005-04 Judith Siefring Sampled and proofread 2005-04 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE CHARACTER OF A Bigotted Prince , &c. THE CHARACTER OF A Bigotted Prince ; AND WHAT ENGLAND May Expect from the Return of such a One. Licensed , May the 9th , J. F. 1691. LONDON : Printed , for Richard Baldwin , at the Oxford-Arms in Warwick-lane , 1691. THE CHARACTER OF A Bigotted Prince , &c. IT has been the great unhappiness of the Kingdom of England , for some Years last past , to be troubled with two very Different sort of Persons of quite contrary Tempers ; the one Party of so very Costive a Faith , that they could believe nothing , and the other of so easy a Belief that they could swallow every thing ; the first of these could not see the Sun of Truth in its brightest Meridian ; and even Mathematical Demonstration signified nothing in order to persuade them ; they could not ( or at least would not ) see their Native Country hurried to the very Jaws of Ruine , and imitated Nero in his stupidity , who could unconcernedly Tune his Harp when Rome was in Flames ; every thing about 'em seem'd pleasant and gay , they never suffered their minds to be rufled with anxious Thoughts for the Future , so they enjoy'd the present , and observ'd in the Literal ( but corrupted ) sence the command of our Saviour , to take no care for the Morrow ; the most surprizing Relations mov'd them not a jot , and they gave as equal a Credit to an Information or Confession upon Oath , as they would have allow'd to a Chapter in Rablais his History of Garagantua . The other were of a quite different stamp , they could credit the most improbable Stories , and the most far fetcht Lyes were with them esteem'd as Oracles ; they were ever at Coffee-houses or places of such resort , still listning to every idle Pamphleteer's Discourse , with more Attention than to a Sermon ; they could not see a Chimney on Fire , but immediately some Treachery they believ'd was in agitation ; and a Drunken Midnight Quarrel in the Streets Allarm'd their Thoughts into the Belief of a Massacre ; they had nothing in their Mouths but Plots and Designs ; and Holy Writ it self stood upon the same bottom in their Creed with some Witnesses Depositions ; their Imagination hag-rid with Suspicious and Fears , daily presented them with such frightful Scenes , that they were not only uneasy to themselves , but likewise to all about them , which render'd their Days unpleasant , and their Nights unquiet , insomuch that some of them durst not go to Bed for fear next Morning they should wake and find their Throats Cut. From these two very corrupt Humours in the late times ; were produced those two odious Characters of Whigg and Tory , which were banded about so long in Jest , that they soon turn'd Earnest , and he was thought either a Knave or a Blockhead who would not suffer himself to be Dignified or Distinguished by one of those Titles . This Humour continued for some Years with great Violence and Disorder , during the latter end of the Reign of K. Charles the Second ; in all which time 't is obvious whoever wore the Crown , a great Person then at Court manag'd Affairs at the Helm . That great Prince ( who had seen both the Extreams of a Prosperous and an Adverse Fortune ) by his Death Yeilded the Throne to his only Brother , in the beginning of whose Reign the two Discriminating Names before mention'd seem'd to have been utterly forgotten ; the former in seeing a Prince the Darling of their thoughts and wishes now become a Monarch , and the latter in their mistaken apprehensions of his unexpected Clemency in affording them Liberty of Conscience . The Storm was now abated , and Mens Tempers grew more compos'd , the Virtues of the Soveraign fill'd every Mouth with His Praises ; His Goodness , His Justice , and His Piety was the Theme of common Discourse , and nothing but the Name of James the Just heard in the most ordinary Conversations . It does not become a Subject too nicely to inquire into the Miscarriages of a Crown'd Head ; but this must be consest ; very ill things were done , even to the Alteration of the fundamentals both of our Religion and Government ; and this must be own'd by every one whose Ears are not stopt by invincible Prejudice or Partiality . 'T would be vain labour to descend to particulars in a Discourse which is design'd to be of another Nature . The Jewish Feast of Tabernacles , tho' long time Abrogated by the coming of our Saviour , hinders not , nor forbids me to reflect on the Dangers I escap'd in the Wilderness . I may Lawfully , I think , select such Days in the Year to consider how Corporations were Regulated , Bishops Imprison'd , and other Irregularities committed in the late Reign , without assembling a Conventicle , and there in some lewd Harrang swell every Miscarriage to a prodigious greatness . The Actions of Princes ( Evil ones especially ) are their own proper Heralds , and every one of his Subjects carries some short Remarks of his Reign in their Memories . I do not believe that History can parallel the Joys and Triumphs of any Nation upon their Deliverance from Oppression , with the universal Triumphs of the English upon the never to be forgotten late Revolution ; they seem'd like Men kept a long time in Durance , and now were blest with the sweets of Liberty ; nay , even some of our present Murmerers themselves were most forwardly Active to shew their Zeal for the then Prince of Orange , who by his coming seem'd to open the Scene of a new World , and restore the English to the Poet's time of the Golden Age again . But like true Israelites , we long again for the Onions and Garlick of Egypt , and would fain be under our old Task-masters once more ; the Wound which was seemingly Heal'd , is now broke out again , and what we lost in the Antient Tory , we find reviv'd in the Modern Jacobite . We were told in a Prophetick Discourse some years since , what Treatment we were to expect if a Prince of the Romish Communion should settle upon the Throne ; the effects of which every one who is not wilfully Blind must acknowledg . Did he not drive Jehu-like in a full Carreer to Rome ? Were not his Emisaries in every great Town in England Regulating Corporations , and Poisoning the Minds of the People with Popish Doctrins ? Were not all places of Trust both Civil and Military fill'd up with those of the Romish Faith , or others whom he made use of for his own ends ? Were they not come to an excessive hight of Impudence both in their Sermons and Discourses ? Was not the Torrent swell'd so high that they hourly expected the Deluge ? Were not the Fences of the Law ( the Security of the Subject ) attempted to be broke down ? And Magna Charta , when in Opposition to the Princes will , be valued no more than a cancell'd Deed of Conveyance ; Was not an Embassador sent to Rome , and a Nuntio Entertain'd here ( to settle the Protestant Religion no doubt ) and a thousand other Practices committed as directly opposite to the Interest of the English Nation , as Fire is contrary to Water . Was all this done in a corner ? Were not their Actions as barefaced as the Sun ? And after all this , and the Deliverance we Enjoy , must we go into the House of Bondage again , and put on those Fetters we so lately shook off ? Let the seeming warmth of this Parenthesis be a little excus'd ; yet I must confess , such considerations as these are almost valid enough to justify a Passion , and make Anger appear no Fault ; for were the Roman Catholicks the only Asserters of the Rights of the late King James , the wonder would be little ; bodies often Sympathise at a distance , and they by several Obligations are bound to wish him Success ; and while they terminate in empty Hopes , let them still regale themselves with their airy Diet ; I pity the deluded Creatures , but cannot blame them , because they Act upon their own Principles ; and 't would be as unnatural for them not to Pray for his Return , as for a Cardinal , in hopes of the Popedom , to wish success to the Protestant Forces ; or a Calvinist to Drink a Health to Monsieur Catinat : But when a sort of Men guided , as they pretend , by the Dictates of an unerring Conscience , shall at this time of day openly declare for an exploded Interest , and these Protestants too , Men no ways leven'd with Popery , or any of her Doctrin's , but Zealous Maintainers of the Church of England , Devout and Pious , Charitable and Just , in the chief Employments of the Church , and the Brightest of the Golden Candlesticks : For these so openly to declare their Aversion to this Present Government , and their Fondness for the Last , is what does not a little elevate and surprise ( to use an Expression of Mr. Bays ) and comes almost as near to a Miracle as Transubstantiation . A late very Eminent Doctor of the Church , when the Prosecution was Violent against the Dissenters , wrote a most Learned Tract , concerning the Nicety of a Scrupulous Conscience ; wherein he very curiously Anatomizes the several Meanders and turnings of that invisible Operation , and Proves that Humour , Discontent and Interest do frequently wear the Livery of Conscience . How nice soever some may be in point of Religion , I wish these Gentlemen could acquit themselves from the forementioned Disguise with which they masquerade their Political Conscience . One would wonder what strange bewitching Sophistry the Church of Rome makes use of to blind the Understandings of her Votaries , to that degree , that they are continually mistaking their own Interest , and tamely to deliver up their Bodies , Souls , Reputation and Fortunes for the Reversion of Purgatory hereafter , only for the slight gratification of their humours here ; and I appeal to the greatest asserter of King James his Interest , if they can produce any Crown'd Head in England since the Conquest , who was half so Infatuated and Bigotted to the Interest of the See of Rome , as the late King : Indeed we Read of a Religious Edward , and a Pious , Devout Henry ; but our English History cannot afford us one Instance of a Prince who would Sacrifice his own Honour , his Kingdoms Safety , his Interest Abroad , and the Love of his Subjects at Home , meerly out of a mistaken Zeal to the Advancement of the Romish Faith ; the most solemn Oaths and Protestations esteem'd no more than words of Course ; and that which was held Sacred amongst all mankind , valued as nothing in competition with a Command from the Apostolick Chair : The old Lady at Rome with all her Wrinkles , has still some Charms to subdue great Princes ; and tho she has Abus'd , Depos'd , and Murther'd so many of her Lovers , yet she finds every day some new Admirers who are proud of her Charms ; a Practice which comes as near a Miracle , as any that Church in her Legends can boast of ; and I hope some passages in the late Reign are not so forgotten , but they may serve to justify the truth of the Assertion . Indeed for our amusement we were once told by a popular Pen , That allowing a King upon the English Throne , Principled for Arbitrary Government and Popery , yet he was Clog'd and Shackl'd with Popular and Protestant Laws , that if he had ne're so great a mind to 't , there was not a Subject in his Dominions would dare to serve him in his Design . How true this Assertion has since prov'd , let any indifferent person judge ; the late King himself both dar'd and found no small number of his Subjects as resolute as their Master , to alter the whole Frame of the English Government ; he found not Men only of his own Communion , but Men of all Religions , or rather of no Religion at all , whose desperate Fortunes push't'em on to the most daring Enterprises ; his single Command added Life to their Motions ; and no wonder he found Tools to Work withal , when all the Obligations of Law were shrunk into the small compass of a Princes Will , and the musty Lines of Magna Charta dwindled to a Sic volo , sic jubeo . Several other artifices were us'd , to let us conceive a Popish Prince no such terrible Bugbear as common Fame represents him ; as that the Idolatrous Superstition of the Church of Rome was by a long series of time so worn off the minds of the People , and the Reformation so strongly Rooted , the Church of England so firmly Establish'd , the Romanists so detested for their Innovations in Doctrin and Absurdity in Ceremonies , &c. that it was impossible ever to fix Popery here : But , alas , 't was meer Delusion , we quickly saw through the Juggle , and the State-Quacks discover'd their Leigerdemain tricks too openly ; and had not Almighty God by a most surprising , and almost unparllel'd Providence Deliver'd us , I know not by this time , but that the Name Protestant had been as odious in England , as the Term of Hugonot is now in France ; and the Dominicans and Franciscans left their Cells in Lincolns-Inn-Fields and the Savoy , to have Sung their Regina Coelorum in all the Cathedrals in England . I am not Ignorant how some Persons do still Magnifie the Merits of the late King , as to his Private Virtues , as his being Descended of the Blood Royal , his Inviolable tenderness for his Friend , the exact Correspondency of his Mouth and Heart , his Courage against the Dutch , &c. but these were glimmering Rays of his , which shin'd upon some few only ; for when he came to his Meridian , they chang'd their Nature , and the scorching Beams of his Zeal for his Religion got the Ascenednt of all his other Accomplishments , which so clouded his discerning Faculties , that he mistook his Friends for his Enemies , and his Enemies for his Friends ; the most sage and deliberate Advices given him in opposition to beloved Jesuits , were censur'd as intrenchments upon his Prerogative , and the single Ipse Dixit of Father Peters , valued above the Joynt Council of the Realm ; the Colledges of Oxford and Cambridg esteem'd as Nurseries of Hereticks , and the President and Fellows of Magdelen Colledg most illegally Ejected from their just Rights , to receive upon the Foundation a sort of Sparks who were neither Schollars nor Gentlemen . Priviledg was swallow'd up by Prerogative , and Know I am your King , was a Supersedeas to all manner of humble Petitions and Remonstrances ; his Priests , those fatal Scorpions , he so hugg'd in his Bosom , were the chief Incendiaries , and contrary to our known Laws , swarm'd over from Doway and St. Omers , greedily gaping after Preferments , which they needed not have wanted , could his Will alone have placed them in Ecclefiastical Dignities ; they must be humbly content with Titular and Imaginary Bishopricks in Nubibus , till the stubbern Hereticks who Enjoy'd 'em , would at once part with their Reasons and their Livings together . But the greatest occasion of his Arbitrary Government , and the Aera from whence he may date all his late Misfortunes , was his Friendship with the French King , a right Son of Ishmael , whose Hand is lifted up against every Man's , and every Man 's against his ; a Man who has not one single Virtue to counterballance that prodigious stock of Vices which harbour in his Breast ; a Man who has built a Reputation upon the Ruins of his Neighbours Kingdoms ; and yet with this Gallick Nimrod did the Uunfortunate King James contract a most lasting Alliance . I perceive I am stopt in my Assertion , and a little Dabler in Politicks challenges me to prove the Contract : 'T is true , we cannot shew the Original Deed , with their Signets and Names affixt to it ; but he must surely be Delivered over to Unbelief , who cannot credit such Circumstances as serve to clear the matter from all doubt or hesitation : Who Promoted the Marriage of the Duke with the Princess of Modena ? Who Defraid the Charges of her Journy , and Paid the greatest part of her Fortune , but the French King ? If this will not satisfie , pray examine Coleman's Letter to Sir William Throgmorton ; the Duke 's then agent at the French Court , where he tells him , That when the Duke comes to be Master of our Affairs , the King of France will have all reason to promise himself all that he can desire ; for according to the Dukes mind , the Interest of the King of England , the King of France , and his Own , are so closely bound up together , that 't is impossible to separate them one from the other , without the ruin of them all three ; but being joyned , they must notwithstanding all opposition , become Invincible : There are other Letters between Mr. Coleman and Father le Chaise which carry such undeniable Marks of a Contract between King James when Duke of York and Louis le Grand , that none but those Devested of common Sense , can have reason to doubt it : If this is not throughly convincing , let any one consult the Memorial given in by Monsieur d' Avaux , the French Embassador at the Hague , Sept. 9th 1688 , which if the curious Reader desire to see at length , I refer him to the 1st Vol. of Mercurius Reformatus , or the New Observator , No. 5. wherein the Ingenuous Author of that Paper , does prove it beyond all possibility of Contradiction . There are several other Arguments as unquestionable as the former , which for brevity's sake , I omit . And now 't is time to breath a while , and consider what are the those Regal Virtues , of which , if a Prince has not a share , he will hardly answer the expectations of his People , nor the ends of Government ; they are generally recon'd to be Piety , Prudence , Justice , and Valour ; but if his Piety degenerates into Biggottism , his Prudence into unsteady Timerousness , his Justice into acts of Cruelty and Severity , and his Valour into Rashness and Obstinacy ; what ever his Flatterers may say of him , yet certainly he is unfit to Govern. Let the Reader apply the Character where he pleases , and find a Crown'd Head whereon to fix these four Vices , by another name call'd Virtues . How much of the Comparison may fall to the King's share , we know not ; but of his Bigottry , Zeal , ( or what other Name you please ) to his Religion , I believe by this time the World wants not to be convinc'd ; for if for Arguments sake we should allow ( what we cannot believe ) viz. a Merit in Religious Actions , certainly the late King has bid the fairest for Cononization , after his Death , of all the Crown'd Heads who have liv'd these two Centuries , who would Sacrifice three Kingdoms to the Capricios of a Priest ; but be it unto him according to his Faith ; and indeed it is but just he should expect a Crown in Heaven , if for its sake he has lost one on Earth . This in a few Lines we have given the Character of a Bigotted unfortunate Prince : But leaving him at his Devotions , let us a little return homewards , and observe a sort of Men who are so very Impatient under this Government , that their very Looks express their Discontent ; they are as uneasy , tho in the Sun-shine of Liberty , as the Slaves at Algeirs are with their Chains ; they cannot take an Oath to a Government that will Protect 'em , and nothing will ever satisfy them , but the Return of their Old Master . Good God! to what stupidity is Mankind arriv'd ? To dislike the most easy Government in the World , to Espouse that which is the most Barbarous in its Nature : A Government that in measures of Cruelty exceeds ev'n the most Savage Communities on the Coast of India ! A Government so debauch'd with false Religion , that considering the Interest of Mankind , and the ill usage it exposes Mens Persons and Fortunes to , it could be almost wisht that such a Religion had never been known in the World. In the name of Wonder , what would these Gentlemen have ? They were many of them ( at least many pretended to be ) uneasy under the last , when Popery and Arbitrary Government seem'd to come as an Armed Man ; and now they are almost beyond the possibility of such Fears , they Murmur : Of what Mercurial Temper are the English compos'd , that they can never be setled ? Popery was once their Terrour , and now that is remov'd , they fear they know not what ; like Men in Feavers , they are Restless in this Bed , and when remov'd to another , are as uneasy in that . I appeal to any of them , if the pressures that gawl their Shoulders , either in their Persons or Fortunes , was not brought upon themselves by their own perverse Obstinacy , for which Conscience is still the pretence ; the Government would have them Live easy , and enjoy their Estates and Preferments both Civil and Ecclesiastical , nor would molest them while quiet they might sit under their Vines and under their Fig-Trees , but they will not ; and if Men will turn themselves out of all , in compliance to a humour , who can help it ? It must be confest , that when once the Persons of Kings grow Contemptible , or little in the Eyes of their Subjects , their smallest Miscarriages are Magnified to that degree , as very often Terminates in their Ruin : But there is an Errour on the other hand , when the worst Actions of Princes shall be thought Innocent ( for according to some persons Creed , a King can do no wrong ) and the belief of Passive Obedience is carried so high , that even his Arbitrary Proceedings shall be winkt at : This is to exceed even the Arts of the Turkish Policy , who pay not a greater Veneration of their Grand Signiors , than some of our Zealots do to the late King , they solemnly drink his Health upon their Knees , and Pray for him in their Private Devotions affectionately ; nor do they forget him in the Publick Liturgies of the Church , for every one knows the secret Mystery of Bless and Protect the King our Governour . To be short , nothing will serve them but his Return , to Redeem them out of their imaginary Bondage ; for this they Wish , for this they Pray : Nay , the Jews themselves do not at this day with greater impatience and mistaken Zeal expect the coming of the Messias , than these kind of Men do for the Restauration of King James to his Crown and Dignity . Let us therefore a little examin what specious Pretences they have for such an Ambition ; and tho indeed they are as shy of Revealing the Secret , as they would be of a Fairy Treasure ; yet by some expressions occasionally dropt in Conversation , 't is not very hard to Conjecture some of them . As first , they are great pretenders to Moral Justice ; they say King James had a great deal of Wrong done him , and being their Soveraign Prince , they are Obliged to see him Righted . Are they so ? but who gave them the Commission ? Their Conscience , they will tell you , but their Conscience is so great a Riddle , that it will never be Expounded ; their Conscience would have King James in his Throne again , tho never so much Bloodshed and Miseries might ensue ; their fondness to his Person closes their Eyes and stops their Ears to all the Calamities their fellow Subjects must necessarily suffer by such a Revolution ; nay , this very Conscience of theirs , was one of the chief occasions which prompted the late King to commit those Arbitrary Actions in his shortliv'd Reign ; they told him he might do what he pleas'd , and for his Actions , was accuntable to none but God , tho he should turn upside-down our Laws , Religion , and Liberties , and that we were tamely to submit our Necks to the Blow when ever he should Command it , in spite of Laws , tho it were in the Power of our Hands to save our selves by a just Defence . No wonder then upon such considerations as these , and prompted by the Native Cruelty of his own Religion , he permitted those unaccountable Actions to be committed ; and he is as much beholding to those fiery sticklers for the loss of his Crown , as he was to Father Pretre's , and other Jesuetick Advice . It is the Nature of Mankind to covet Liberty , and to have all things about them easy and free : Now I would ask these Gentlemen what greater Freedom they can expect , were their beloved Prince Reinstated in his Throne again , than what they now Enjoy ? Are not their Fortunes secur'd to them by the best Laws in the World ? Who goes about to Invade their Properties , or devest them of their Estates ? Yes , they Reply , some Bishops and other Ecclesiastical Persons have lost their Livings and Means of Subsistence , because : — Yes , the Because is very well known , because they cannot take the Oaths . It would have been wisht , that those Reverend Persons would have Inform'd the World with the Reasons of their Non-compliance , which might have regulated the unthinking minds of some of their Bigotted Followers , who out-do even the Votaries of the Church of Rome in an Implicit Faith ; and believe 't is not Lawful for them to Swear to the Government , because Dr. such a one refuses the Oaths . A very pretty conclusion ; but allowing it to be Conscience in their own acceptation , I believe when Humour , Prejudice , and some other niceties are separated from it , the thing call'd Conscience will appear in this Case but an Airy Notion . Some of the most Moderate of them , I confess , who are great Lovers of the late King , could wish him here again without the Assistance of the French ; but if their Faith was but as strong and powerful as their Hopes , they might certainly remove Mountains , and joyn the Alps to St. Michaels-Mount in Cornwall ; but these are Wishes as Improbable as they are Impossible to be Effected ; for you may as easily separate Heat from Fire , or Moisture from Water , as divide the Interests of King James , from those of Lewis the Fourteenth ; no , no , like Hippocrates his Twins they must Live and Dye together ; and therefore these sort of Men deserve rather our Pity than our Laughter . But there are another sort who will have their Old Master return again , though by never such indirect Means ; and are as glad when they hear of the Success of the French Arms , as they would be to Receive the News of the Death of some Decrepid Relation of theirs , who by his Exit , leaves them a plentiful Estate . And let Mons and Flanders , Savoy , and all the Confederate Countries be reduc'd to heaps of Ruins , so their Dear King may come to his Throne again , though he Enter'd the City of London with Luxemburgh and Boufflers at the Head of fifty Thousand French Dragoons . These are hopeful Protestants i'faith , blessed Reformers and Defenders of the Christian Church ; fresh Straw and a dark Chamber , cooling Purges , Leeches and Blood-letting are only fit for such as these ; they are Mad beyond the cure of Hellebore : But because it is necessary sometimes to Answer a Fool according to his Folly. Let us ask 'em what mighty Mischiefs have the Dukes of Savoy , and Bavaria , the Electors of Brandenburgh , Mentz , and Cologne , the Emperour of Germany , the King of Spain , and the United Provinces done these Gentlemen , that they are so mighty Angry with them , and could wish the Sculls of all their Subjects were to Pave the way for King James his Accession to ae forfeited Throne ? how came these involv'd in the Quarrel ? must King James his supposed Right , like Pharoah's Lean Kine , swallow up all other Princes Properties ? What has he done to be so much the Darling of Mankind , that other Mens Glories must be Ecclips'd to make his Glimmering Rays shine the Brighter ? Are great Britain , France and Ireland , to be the only Goshen , and must there be Darkness all over Europe besides ? These Men are a most strange sort of Political Predestinarians , who will allow no Peace nor Plenty to any but their Master and his Friends ; and it is hard to be determin'd , whether Folly or Madness has the greatest share in the Composition of their Hopes . All Pity and Humanity to their fellow Creatures is laid aside , and they seem to exceed the Indian Cannibals in acts of Cruelty , for how severe they may be to Strangers , they yet seldom Devour those of their own Tribe ; no Man that hears 'em Discourse , can certainly keep within the bounds of Moderation ; for who ever has the patience to hear their Arguments , will certainly expect better Reasons in Bedlam , from the Lucida Intervalla of a Lunatick . The Love of ones Country , was ever by the most Polite Nations , esteem'd as the Characteristical mark of a Noble Soul , and Vincit Amor Patriae , seem'd to be Written in indelible Marks upon their Breasts ; for this the ancient Greeks and Romans were Famous . Remarkable to this purpose is the Relation Livy gives us of Curtius a Noble Roman , who when the Earth was sunk with a wide Gap in the Middle of the Forum , and it was told , it would not come together again , unless some Prime young Nobleman were put into it ; he to Deliver his Country , mounted on Horse-back , Rode into the Gaping Chasma : But we on the contrary , have a sort of Men amongst us , who would gladly see their Native Soyl over-run with a knot of Villains , to gratifie one Mans Lust of Power on the one hand , and their unaccountable Humour on the other . I would fain ask them , supposing the possibility of such Success , whether the French Arms are so well bred , as to distinguish them from the rest of the English Sufferers by such a Revolution ( to which that of the Goths and Vandals in Italy , was but a civil Visit ) ? I fear like Tarpeia the Vestal Virgin , who Covenanted with the Sabines to betray the Capitol to them , for what they wore on their left Arms ; but when they were Entred , into of Bracelets which she intended , they threw their Targets upon her , and Pressed her to Death ; so would these very Men Suffer in the Common Calamity ; for the French , as well as other Nations , agree in this , That though they Love the Treason , they Hate the Traytors . To Invert a little the Words of Mr. Dryden to the Reader , before his Poem of Absalom and Achitophel , Every Man is a Knave or an Ass on the Contrary Side ; and there 's a Treasury of Merits in Sam 's Coffee-House , as well as in Richard's at the Temple ; but the longest Chapter in Deuteronomy has not Curses enough for well-wishers to the French. It was the Speech of a Moderate Gentleman in the Long Parliament , when the Faction in the House of Commons was high against the Bishops , and the Establish'd Church , Gentlemen , ( says he ) let us see the Model of your New intended Superstructure , before you pull down the Old one . If we should ask some of these Fiery Bigots for the Interest of the late King , what Advantages they can propose to themselves by his Return ; unless like the unrewarded poor expecting Caviliers at the Restauration of King Charles the Second , they can be content to be Loyal and Starve ; for if the latter end of King James his imaginary Reign , should be of a piece with his first real beginning , he will still neglect his truest Friends , and stick close to Flattering Enemies . With so deep a Root has the Advice of a Chancellor , about the year 1660 , still remain'd in the Breasts of the Princes , Oblige your Enemies , and your Friends will be true to your Interest . But I have wandred from my Subject , by a long , but I hope , not very Impertinent Digression , and therefore ( asking my Reader 's Pardon ) return to my Subject , or rather the Applicatory part of it . We have seen the Character of the Prince and his Bigotted followers ; And as all things are best set off by Examples , let us now draw a Parallel or Landscape of the two different Complexions of the Reigns of King William and Queen Mary , and King James , and what we are unavoidably to Expect , should Almighty God in the Course of his Providence , for our Punishment , and the gratification of some restless Spirits , bring King James to his Throne again : Of the Ease and Tranquility of the first we are certain , but of the Horrour of the latter , the most terrible Ideas we can form of it in our Imaginations will come short of the Life ; for as the safety we now enjoy , almost exceeds our Hopes ; so the Stripes we must then feel , will transcend our very Fears . In the Person of the King , we have a Prince who is truly ( what the Historian says of Titus ) Humani generis Deliciae , who has centred in his Person all the Valour and Wisdom of his Ancestors : A Prince so truly Great , that those Lawrels which add such Lustre to anothers Brow , look but faintly on His , He needing no additional Varnish to set off His Native Goodness : A Prince , Born to be the Arbiter of Christendom , whom all the Crown'd Heads and States of Europe Adore as the only Person who must break the Jaws of the French Leviathan : Not the greatest Dangers which so terrify pusilanimous minds , can at all move Him , who caring not for an inactive inglorious Greatness , expos'd his Sacred Person to Rescue these ungrateful Kingdoms from the moct insupportable Tyranny of Arbitrary Power ; since which , in Ireland he gave most Invincible Proofs both of his Courage and Conduct ; the United Force of Europe could not concert their Measures against France , till his Presence Influenced their Counsels at the Hague , to which he went through a thousand Perils at Sea ; after a short Return , He is now gone again to Flanders to head that Prodigious Army : Victory seems to accompany him in Attempts of War , and his worst Enemies must own him to have the very Soul of Courage . In the Person of the Queen , we have a Second Queen Elizabeth ; but with respect to her Sacred Ashes , we may say , the Copy far exceeds the Original . Never did a Crown'd Lady shew more Conduct and Magnanimity than when the French Fleet was upon our Coast , when her Illustrious Husband was Fighting in Ireland : A Princess , whose thousand Charms make her fit to Rule , and Command even Respect from her very Enemies ( if any such there are ; ) her Majesty is Temper'd with so much Mildness , that at the same time , she neither invites nor forbids Access ; the Glory of her own Sex , and the Admiration of ours . Under these two Illustrious Persons is England , &c. at this time Govern'd by the most exact Laws that ever were made , the Prerogative of the King not Dominating over the Priviledges of the People , the Church of England Flourishes , not withstanding the Peevishness of some of her Votaries ; and the Dissenters enjoy their Liberty of Conscience without Design : The great Blessing of this Nation , viz. the Parliament , does frequently Meet , and their Votes are Unanimous for Supplies for the Nations Good : The Taxes by them Levied are ( excepting by some few discontented Spirits ) willingly Paid , and the People satisfied that their Mony is Employ'd for the uses intended , not Lavishly and Unaccountably thrown away on Pensioners , &c. every Man enjoys his Plentiful or Competent Fortune , with all the freedom Imaginable ; no Tricks are made use of to Decoy us into Slavery ; from the very Prospect of which , the King designs by his utmost Endeavours to free us by appearing himself in Person at the Head of the Confederate Army , in opposition to the Power of France : He designing to Rescue the Glory of the English Nation from that Stupidity , the Luxury , and Effeminacy of the late Reigns had obscur'd it with ; and we have nothing to render us unhappy but our own groundless Fears and Jealousies , in which unaccountable Humour , if we still persist , like the Seditious amongst the Jews , we shall do our selves more Mischief within the Walls , than our Enemies could possibly do without , when the Glory of their City and Nation yeilded to the Arms of the Romans , who could never have Conquered them , had not their Murmurers within done more Execution to themselves , than all the Battering Rams of Titus could possibly Effect against their Walls . But now to shew the Reverse of the Medal . If King Jame's return to re-assume his justly Forfeited Right , as no Human Reason can possibly suppose him to come in without the Assistance of the French , let us consider what a Field of Blood will our Country be ; he coming in like a Conqueror , will make us quickly Feel the Difference between the Easy Government we now Live under , and the Insupportable Tyranny we must then endure ; his imaginary Zeal for the Defence of the Protestant Religion , being long since quench't by the Affronts he pretends to have suffered by those of that Communion ; then will Rome Erect her Standard in Defiance to all the Methods of the Reformation , and Popery become the standing Religion of the Nation . It cannot be suppos'd that the Instructions he has Receiv'd from his great Patrone Lewis , will easily be forgot ; and he who when in a private Capacity would ever hardly forgive one whom he suppos'd had done him Wrong , will now be hardly brought to forget a National Indignity ; he will never certainly listen to any Overtures of Capitulation ; and 't is impossible to believe that things can be ever Accomodated between an Incens'd Prince , and ( as he supposes ) a Rebellious People . He has not so long Breath'd in the Air of France , as not to learn its Tyrannical and Arbitrary Maxims ; and the ( as he thinks ) Meritorious Zeal of Propagating his own Religion , will let him stick at nothing , how Arbitrary soever , to Establish it . We may indeed imagin him to be of a Merciful Nature , and that all shall be forgotten as if never done , and that an Act of Indemnity will make all even again ; but those who are so blinded as to believe these fair Promises , let them but look into an Act of his own , Dated at his Residence in Dublin . And in a Proclamation of his , to his Pretended Subjects in Scotland , May 4. 1689. He is most Graciously Pleas'd , not only to Incourage his Friends to be Destroyers of Mankind , but likewise offers them Pardons for such Inhuman Cruelties : Telling them in the said Proclamation , 'T is his Pleasure they should Rise in Arms , and Assault and Destroy , and what ever Blood-shed and Slaughter , Mutilations or Fire-raisings should be done to these Rebels , ( as he calls the Scotch ) his Proclamation should be their sufficient Warrant for such Acts. If this is his Kindness for the Scotch Nation , can we think the English will more civilly be Treated ? No , no , let us no longer Amuse our selves with Fancies of his Clemency and Kindness . We live under a Government where we may be Hapy if we please , and nothing but our Discontent can render us Miserable ; for as certain as there is a Providence , if ever such a Fatal Revolution should happen , not Savoy , nor Piedmont , nor all the places where the Arms of the French have Ravag'd , were ever such Scenes of Blood and Confusion as England will be . We are now in our Crisis , and a few Months will , in all probability , determin the fate of Europe in General , and of our own Country in particular ; and upon the Success of the Confederate Army , Headed by our most Victorious Prince , depends the Liberty or Slavery of the most Civiliz'd part of the World. Postscript . AT the conclusion of this Discourse , I imagin some Smiling Reader finding fault , and by his Looks would seem to tell me the Landskips are as ill Drawn as they are ill Design'd , and that the Lyon is not so fierce as he is Painted , nor will the Return of a Prince of the Romish Communion be so Terrible to his Protestant Subjects as I would seem to represent . But in Answer to this , I must acquaint the Gentleman , that I fear I have committed un Error on the other Hand , and instead of adding fierce Colours to make the Piece seem Tremendous : I have used such faint shadows as do not heighten the Picture . Partiality and Prejudice are very ill Spectacles , and but too often cause a false Medium . I have seen a Picture , which if one lookt Obliquely upon , on the left Hand were represented the Heads of three fair Ladies ; but if you chang'd the Position of your Body , and stood on the right Hand of the Design , the very same Picture shew'd you a Monkey and two Parrots . I know not on which hand my Reader 's Judgment stands , which valued Faculty of ours we find to be very often deluded ; for if I may apply a place in Holy Writ , very pertinent to this purpose , only exchanging the Case of the Father for that of the Son ; they who form such terrible Ideas of the Imaginary Severities they feel under the present Reign , where they are only beaten with Rods , will at the Return of their Idoliz'd Prince , be Chastis'd with Scorpions . FINIS . Books Printed for R. Baldwin . NEw Predictions of the Fate of all the Princes and States in the World. price 4. Sodom Fair : Or the Market of the Man of Sin. Containing , a true Account of the Prices of the Pope's Pardons and Dispensations ; being a Treatise very useful and necessary for all young English Papists , who intend to take Holy Orders , or Travel through Italy ; and all such as intend to be cheated both out of their Souls and Mony. To which is added the History of ADULTERY , as it is now at Rome by Law Established ; with the Life of Clement the Sixth , and Blasphemous Bull which he Published for the year of Jubile , 1350. A Journal of the late Motions and Actions of the Confederate Forces against the French , in the United Provinces , and the Spanish Netherlands . With curious Remarks on the Situation , Strength and Rarities of the most considerable Cities , Towns and Fortifications in those Countries . Together with an exact List of the Army . The Present State of Christendom consider'd , in nine Dialogues , between I. The present Pope Alexander the VIII . and Lewis the XIV . II. The Great Duke of Tuscany , and the Duke of Savoy . III. King James the Second , and the Marescal de la Feuillade . IV. The Duke of Lorrain , and the Duke of Schomberg . V. The Duke of Lorrain , and the Elector Palatine . VI. Louis the XIV . and the Marquis de Louvois . VII . The Advoyer of Berne , and the Chief Syndic of Geneva . VIII . Cardinal Ottoboni , and the Duke de Chaulnes . IX . The young Prince Abafti , and Count Teckly . 
A70542	----	Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm. Lawrence, William, 1613 or 14-1681 or 2. 1681 Approx. 79 KB of XML-encoded text transcribed from 20 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A70542 Wing L692A ESTC R19202 12350808 ocm 12350808 59988 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70542) Transcribed from: (Early English Books Online ; image set 59988) Images scanned from microfilm: (Early English books, 1641-1700 ; 893:3 or 1724:13) Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm. Lawrence, William, 1613 or 14-1681 or 2. [4], 35 p. Printed for Richard Janeway ..., London : 1681. Table of contents: p. [3]-[4] Attributed to Lawrence by Wing. This item appears at reel 893:3 as Wing L97 (number cancelled in Wing 2nd ed.), and at reel 1724:13 as Wing L692A. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divorce -- Early works to 1800. Great Britain -- Kings and rulers -- Succession. 2003-12 TCP Assigned for keying and markup 2003-12 Apex CoVantage Keyed and coded from ProQuest page images 2004-09 Melanie Sanders Sampled and proofread 2004-09 Melanie Sanders Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion TWO Great Questions DETERMINED BY THE PRINCIPLES OF Reason . & Divinity . I. Whether the Right to Succession , in Haereditary Kingdoms , be Eternal and Unalterable ? Neg. II. Whether some certain Politick Reasons may not be sufficient Grounds of Divorce ? Affirm . — It was Enacted and Provided out of the Warrant of Ancient Laws , That if any should Affirm , That the Laws and Statutes cannot Limit and Bind the Right of the Crown , and the Succession thereof , every such Person should be Guilty of High-Treason . Camb. Hist. of Qu. Eliz. Ann. 1571 , & 1572. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erasm. LONDON , Printed for Richard Janeway , in Queens-Head-Alley , in Pater = Noster = Row , 1681. THE CONTENTS The first Question , WHether the Right to SUCCESSION in Hereditary Kingdoms be Eternal and Unalterable ? CHAP. I. That the Power and Authority which Princes , or Supreme Magistrates have , is derived to them from God ; and that , by these several wayes , immediate Deputation , Hereditary Succession , and Election . page 1 CHAP. II. That a Disposition in a Prince , proceeding from Opinion or otherwise , to both the Spiritual and Temporal dammage and destruction of a Nation , maketh a Forfeiture of Right to Succession . p. 6 CHAP. III. That the Forfeiture is made to the Supreme Authority ; that it is none , unless it be taken Advantage of whilst He continues a Subject ; but that a Prince once possest of the Supreme Power , cannot be Deposed : that the same Reasons which Warrant to take the Forfeiture of Him whilst Heir , if it be not taken then , are afterwards of no force against Him. p. 11 CHAP. IV. That Mens throwing themselves wholly on Providence , for averting these Mischiefs , without making use of rational and moral means to prevent them , is unreasonable and absurd . page 17 The Second Question , WHether some certain Politick Reasons may not be alone sufficient Grounds of DIVORCE ? CHAP. I. Of Marriage , its Institution , Ends and Obligation , of its special Rights and Priviledges in the state of Christianity . p. 19 CHAP. II. What is Divorce ? What are sufficient Reasons of Divorce ; And the Words of our Saviour , St. Mat. 5. 31 , 32. & Chap. 19. 9. and elsewhere about Divorce , only for the Cause of Adultery and Fornication , considered and explained . p. 23 CHAP. III. Whether the Case of Princes Marriages be the same with private Mens ; and whether they are not sometimes extraordinarily Indulged and Dispenced with by God. p. 30 ERRATA , Pag. 3. Lin. 15. before the insert of . For Posterity , p. 5. 1. 3. Read Paternity . Immediately , p. 5. 1. 16. Mediately . either , p. 27. 1. 34. neither . a Vowed , p. 28. 1. 33. an avowed . TWO Great Questions . I. Question . Whether the Right to Succession in Hereditary Kingdoms , be Eternal and Unalterable ? CHAP. I. That the Power and Authority which Princes , or Supreme Magistrates have , is derived to them from God ; and that , by these several Wayes , Immediate Deputation , Hereditary Succession , and Election . BEing about to Discourse of a Point both difficult and dangerous , I mean , The Right of Succession to Supreme Authority , whether it be not limited by Conditions , and subject to Alterations ? I shall in the following Dispute use such Caution in Arguing , and that too , from no worse Topicks than Principles of Reason and Divinity , as may , I hope , prove some means of Satisfaction , but none of Distaste . And because this Question about the Alterability of Succession to the Supreme Authority , will receive great Light from a Discussion of what is the Nature of that Right which Princes have to Succession , and the Nature of that Right be Cleared , by a Consideration of him who gives it , and to what Ends ; I shall in the first place state , from what Fountain , Power , and Authority , it is Derived ; by what Ways , and to what End. First , I take it for granted , that no man Naturally and of Himself , has a Right Inherent in Himself to exercise Rule and Government over others ; and all men as to a state of Nature to be Born in the same Degree of equality with one another ; but yet , that most Men are Born in a state of Subjection to some other , comes thus to pass ; because Man , being at the Will , Disposal , and Command of His Creatour , who gave Him Life and Existence , and continues it to him , shall be likewise at the Command of whomsoever the Creatour shall transfer a Right to of Government and Command ; and only of Him : So that supposing God not to have transfer'd His Right of Dominion over Man , or any part of it to any else , every Man is born in the same condition and relation of Equality , ( for though Son-ship doth Oblige to many Offices of Gratitude and Duty , yet not to such a Subjection as we are handling ) and consequently , no one is Naturally a Servant or Subject , nor any one a Prince , till God hath Invested some Person with an Authority of Governing such a number of Men , and all that shall be born of them . The Inference then is plain , that if men should be naturally equal , and no one subject to other , did not God Depute some one Person to Exercise part of his Authority and Government over others ; then , that they are not Equal , is the effect of God's Appointment ; and so all Pre-eminence of Power and Authority , is primarily derived from Him. And that this immediate conclusion from right Reason , is Consonant to God's Word ( and so must all such of necessity be ) I shall quote but one place of Scripture , viz. Rom. 13. 1. Let every Soul be subject to the Higher Powers , for there is no Power but of God , the Powers that be are Ordained of God , &c. This being laid for a Foundation , that all Authority is derived from God ; the next Doubt is , how we shall know to whom He does derive it , that we may give Him due Obedience , and not be imposed on by Usurpers ? And this will best be known , if we consider the several ways , by which God Derives this Power to Men : For we may infallibly conclude , that He has no Authority from God , who did not receive it by those ways by which God Confers it ; and that He is God's Minister to whom we see Providence has Derived it by some such way , as He makes use of to that purpose : and they are these ; His own Immediate Choice and Deputation . Hereditary and Natural Succession of Kindred . And Election by the Common Votes and Suffrages of any People . Of the first sort , were Moses , Saul , and David ; of the second , were Solomon , and Rehoboam , &c. the last was Jeroboam ; though God had also foretold to Him by His Prophet , that He should be King over Ten Tribes , and accordingly v. 20. of the 12. Chap. of the 1 of Kings , All Israel , when they had heard that Jeroboam was come again , ( out of Egypt ) sent and called Him to the Congregation , and made Him King over Israel . Of these three ways of being Inaugurate into the Supreme Power , the First is more Noble and Glorious , for as much as in that , a particular Approbation of the Person by God Himself , is the Reason of his Advance ; but He who Succeeds as next of Blood , owes it to his good Fortune ; and He who is Elected by the People , often to some Policy , whereby He Ingratiated himself ; but sometimes to his Vertues : and of the two last , Hereditary Succession and Election ; the former is more Preferrable , for the inconveniences it avoides , which Elections subject a Nation to : And besides , one time with another , it has produced as many Examples of Vertue and Ability to Govern , as the other . The Right of Government then being once by God Immediately Transfer'd to any one , after His Decease ( unless God immediately by Himself Transfer it to any other , or the Prince do ) Naturally doth pass to the very next of Blood and Kin , and that for these Reasons : Because He who received Authority from God to Govern a People , received it to this end , to procure that peoples Good and Welfare , to the utmost of His Knowledg ; which He would never do , if he took not care that the evils of Anarchy , ( to prevent which God had Crowned Him , ) might likewise be prevented for the future , by translating His Authority at His Death to some other , who might sustain the Government when He was incapable of bearing it Himself ; and on this Reason is founded the Axiom in our common Law , Rex nunquam moritur . Now because Government doth not only intend the Peoples good , but imply the great Honour and Dignity of Him who bears it ; the Prince cannot be supposed to wish so great a Dignity ( if he declare not himself to the contrary ) to any less than Him who may be reasonably supposed most inward in His Affections the next of Kin ; and therefore if He die , His silence shall be taken for Consent that the very next in Blood is the Person to whom for love and custom sake He Propagates His Right : ( by the very next of Blood meaning that Person , who is esteemed so by the Vulgar Account of that Nation ; Opinions as to nearness of Blood , among different People , differing ) and that Princes may exercise their Authority in provision for the Future after their Decease , and consequently appoint a Successor , is evident from hence , because the Laws any one of them makes , are not supposed to cease to be so immediately upon his Death , but to retain their full force for ever after , unless a like Authority repeals them . Before I proceed further , I must speak to an Objection , which possibly may be raised ; That to found the Right of Succession to Government in being lineally Descended or next of Blood and Kin , or appointed by Testament , to Succeed to some one , who Originally , tracing the Line of Princes backwards , derives His Authority from one who Immediately received it , and was Deputed to it by God , is to destroy the Right of most or all Princes , who cannot derive their Authority from such a Predecessor , and that it is to take away the old and common Notion of Supreme Authority , being naturally founded in Posterity : I Answer , that I am of Opinion , that Paternity or Father-hood never did give a Right of Soveraignty over Children ; that before God Actually and Immediately constituted Governours , and that , not upon the Account of Fatherhood , or Men Chose some to themselves , or voluntarily upon certain Considerations submitted themselves , there were no such Persons in the World as Kings , or Persons possest of Soveraign Authority , or pretending to be so merely as Fathers : and that if no Prince can trace His Authority backwards to him who received it from God Himself immediately , yet he may to him who received it , together with the condition of Hereditary Succession for the Future , from God Immediatly , either by the Election of men , for as much as that first Predecessor could not Reign without the Consent of People ( which is the same thing as Choice ) or else to him who took the Advantage of a Forfeiture of their Liberty by some Offence , and so in compensation righted himself by enforcing their Subjection ; which is as good a Title to Dominion as any , especially if by After-Acts and Compacts settled and confirmed . Now , that Election of Princes doth Transfer as full and ample Power and Right to Government as any other way whatsoever , ( which being prov'd , though all Princes may Succeed to such an One as primarily was Elected by the People , will take away all Defect on that account ) I Argue thus , that where God doth not immediatly provide for the safety and welfare of any People by giving them Laws , or a sufficiently authorised Law-giver ; there God , and Nature , and Reason do permit and encourage that People , to procure their own welfare , by what honest means are most conducive to it in their judgment , by choosing or pitching upon a Person or Persons to exercise over them Gods Power and Authority , in order to the publick Good ; and the Person so Elected Acts by Gods Authority not the Peoples , forasmuch as all Power is solely Gods , and therefore no one can Act lawfully as a Governour by any Authority but by Gods , though this Authority may be conveyed to Him instrumentally by a Predecessor or the People ; and as a Successor in the Government , Acts not by the Authority of His Predecessor who had none Originally of Himself , and therefore could not properly give any , ( for He Governed not by His own Authority , but by Gods ; and therefore His Successor Acts not by His Authority who had none of his own , but by Gods , which the other conveyed to Him ) so neither may an Elected Prince be said to govern by the Peoples Authority by whom he was Elected , but by Gods , who empowred these People by right of Nature and Reason , to Depute or Name one to the Government in order to the publick Good , when he himself did not : And such a Prince is subject or accountable to none but God : But if in any Nation the Prince , or He who bears the Title of such , and appears to be so , is accountable to any else , they to whom He is accountable are the Supreme Authority , and He only in Name , not really a Prince . CHAP. II. That a Disposition in a Prince , proceeding from Opinion or otherwise , to both the Spiritual and Temporal Dammage , and Destruction of a Nation , maketh a Forfeiture of Right to Succession . HAving Discours'd of the Principle from whence all Humane Power is Derived , Namely God ; and of the several wayes by which He Conveys this Authority to Men ; that Right and Succession , depends either on the Prince's Will to bestow it on whomsoever He pleases , whether next of Kin or not ; or , in case of Law. to tye it precisely to the next of Kin ( which still is the Princes Will , because his Law ) it may depend on the nearness of Alliance , Or , on popular Election ; the Question lies thus , whether a Prince having Right to Succession , by those Laws which tye it up precisely to the next in Blood or Kin , may not Lawfully and Rightfully , for some Reasons be Deprived of Succession without Injury done to Him , and both Forfeit and lose his Right to Succession ? And this we shall be able more clearly to Decide , after having Considered what Qualifications are necessarily requisite in a Prince , and they are these ; First , To intend and Design the utmost Good of His People both Spiritual and Temporal . Secondly , That Intending and Designing Well , He be not accidentally Disposed either by Opinion or otherwise to both the Spiritual and Temporal Destruction of His People , though contrary to His intent . Now , I Assert , that either the want of the First of these , or addition of the last , is sufficient Reason and Ground to cut off , and alter Succession , and makes Forfeiture of Right to it , which may be taken without Injury or Wrong to the Person so Affected . For the Proof of this position , I shall first shew , that Hereditary Right to Succession is not of it self in its own Nature Eternal or Unalterable ; and Secondly , that the above mentioned Disposition in a Prince , makes a perfect forfeiture of it . 'T is used by some as an Argument , to prove that a Right to Succeed to the Soveraign and Monarchical Authority in Hereditary Kingdoms is unalterable and Sacred , because Monarchy , say they , is of Divine Right , and the apparent Heir to it , having his Right from God , His Right is immoveable . I Answer , that I acknowledg not only Monarchy , but all other Forms of Government to be of Divine Right : because there is no Power but is ordained of God ; ( so the Sanhedrim or great Council among the Jewes being an Aristocracy was by God Constituted to be , and continued for a long while the Soveraign Authority on Earth over them ) But deny , that any person , who by Ordinary Course or Rule , has a Right to Succession , has it from God ; for Succession is Determinable , according to the Will of the Supreme Authority on Earth , and then , He who has Right to Succession , has it by Vertue of those Laws and Determinations of the Supreme Authority which might otherwise have setled it ; and not from God ; who appointed not Him to Succeed , and therefore , gave Him no right to Succession , but he has it from the Supreme Authority on Earth ; in which Authority is comprehended a Power of appointing a Successor , as I before shewed , that is , of giving the Right of Succession to some Person who can receive that Right from none but Him , and may be deprived of it by Him , because he gave it . But supposing ( which I need not ) that He has his right to Succession from God , I deny that he has therefore an unalterable Right , because He has his Right from whence He is to have his Power , from God ; for neither Right nor any thing else is therefore unchangably appropriated to any Man , because God gave it ; for what he gives us , He gives on certain Conditions , on the non-observance of which , the thing given may be impropriated and taken from us ; so Life , which I think a Man may as properly call his own as any thing , is given on Condition of obeying God , else our life is Forfeited , and our right to it lost . So that right to Succession is not unalterable supposing it is Gods Gift ; but contrariwise , is therefore alterable because it is Gods Gift , that is , bestowed and granted on certain Conditions to be performed , which not performed do Forfeit it : So that Secondly , the Heir to Succession having no other Reason for His Right to Succession in the Government , than there is for Government in general , that is , the safety and welfare of Prince and People ; if he be so Disposed as to destroy the Reason of Government , He likewise loses the Reason of Right to Succession in government ; because no one has right to succeed in Government who destroys the very Reason of it , why there should be any Government at all , even the safety of the People which was the Foundation and Reason of his Right ; and he who hath no Reason for a Right hath no Right at all ; and being yet a Subject , ( for the very words , Heir , and having Right to Succeed , imply , that He is not in actual Possession of the Soveraignty , and therefore in subjection ( for between them there is no Medium ) He may incur the Forfeiture of every thing he has as a Subject , and so he has the Right of Succession ; for , though the Heir to one Kingdom may be Soveraign in another , yet is a Subject in the Kingdom to which he is Heir , because he receives Right from another ; and such an one is less than Him who gives it , and therefore subject ; and if he be a Subject , and byassed from the publick good , he is accountable , and may be Censured with Disinheritance . And this the Heir has no great reason to resent in such a Case ; For if he be Conscientiously Disposed to both the Spiritual and Temporal Ruine of the Subjects , He then will exact Obedience to many things which they will in Conscience know to be Sins , and therefore , be Obliged not to Obey ; and so that Prince , had better never have Assumed the Regal Authority , than in his own Opinion be slighted and disrespected , because Disobeyed in what He Commands ( though really it be no Disrespect to be disobeyed in things not within his Command , but the dishonour lies in enjoyning them ) and be forced to turn the Persecutor of his Subjects , to Vindicate the Honour of himself and Commands , and leave his Name to stink upon Earth . But neither is the Person so Disinherited at all Injured ; for , Injury implies Violence to Right , which I have prov'd he Forfeited , and therefore , That Proceeding just ; the whole Argument I will thus sum up : He who is a Subject , ( and so is every Heir to the Supreme Power as Heir , as I hinted before ) is in a capacity of offending the Supreme Power , and then of being punished : He may offend against the present Soveraigns Authority and care of providing for the future welfare of his people , by intending and purposing to do such things as would hereafter prove extreamly Damageable and Destructive to the Nation ; and if He offend in this kind , a more proper Punishment cannot be applied to Him than such an one as will prevent those Mischiefs , the designing of which brings Him to punishment , and that is Disinheritance ; for Civil Punishments ought not properly to be Vindicative , but remedies for preventing Mischief : Or , if His Intentions and Designs are not evident by any Hint or Prospect He has given of them by Words or Actions , yet if his Prepossessions , which Himself owns , are such as Naturally and Necessarily tend and lead him to such Designs and Intentions , as being most nearly conjoyned with them , though outwardly He makes no Declaration of His intentions ; He is , as far as Reason can judg , most dangerously Affected , and uncapable to attain the end of Government , the general Welfare ; Nay , will hereafter , as far as Men can see , do that , which will be Destructive to their Welfare , the end of Government , insomuch as it were the same thing if they had none : Now , He who destroys the end of Government , doth as ill as destroying Government it self , but since that ought to be Eternal , for the same Reason it ever had a beginning , He Forfeits His Right to it , who is disposed to a Nations extreme Hazard or Destruction , to prevent all which is the only Reason he should Succeed in the Government , and that there should be any such thing at all ; which if He will not only not prevent , but is the Person who brings it about , there is no Reason He should Succeed in the Government , he has made a Forfeiture of His Right . CHAP. III. That the Forfeiture is made to the Supreme Authority ; That it is none unless it be taken Advantage of , whilst He continues a Subject ; but that a Prince once Possest of the Supreme Power , cannot be Deposed ; That the same Reasons , which Warrant to take the Forfeiture of Him , whilst Heir , if it be not taken then , are afterwards of no Force against Him. I Above put the Power of Designing a Successor , either at Pleasure , or else by some fixed standing Rule and Law , in the Supreme Authority ; and therefore , if the Designed Successor make Forfeiture of his Right , it can be to none but Him who conveyed it to Him , His Superiour , for none else could Convey it to him ; And for another Reason , the Forfeiture must be made to the Supreme Authority , because the Care of the Future Welfare and Safety of the Subjects , against which He was Disposed , belongs properly to the Supreme Magistrate , and therefore the power of preventing future Mischiefs and taking the Forfeiture , which is the way to prevent , doth reside solely in Him. For although it cannot be denied , but that the People are mainly Concerned in a matter of that Weight , as is their Spiritual and Temporal Welfare , and so might seem sufficiently warranted of themselves to provide for their own safety , as is every one Naturally ; Yet may they use only such Means as are to them Lawful , and as may not prove as Great or greater Inconveniences than the thing they would avoid ; and what such are , I shall presently shew . Every one Naturally hath a Power and Right to preserve himself , not only by Avoiding , or Flying from that which actually Assaults Him , but by standing and defending Himself against it , Nay , by Offending and Assaulting that ; for the others Violence being Arbitrary , that is , exercised by One who had no Right or Authority so to do , was Unjust , and might therefore not only be Resisted , but returned in the same Degree according to the just and natural Laws of Retaliation . and that even Immediately , and by the private hand of the Person Assaulted , forasmuch as the imminent danger could not admit of the delay of expecting a publick Determination : but in case , one be not actually Assaulted ( I speak of private Persons , ) it is not lawful either to Kill or Bind Him , who you suspect will be the Aggressor , but to fly from him is Lawful , Or , to endeavour to perswade him who bears Authority over Him , to take away His Arms , or confine him , or make him give Security for his keeping the Peace ; by this way of prevention , for any one to provide for his own safety , is not only Lawful , but Prudent and Commendable : So in case a Nation fear the future Practices of Him who is now Heir , they may forecast a prevention , by engaging and obtaining of Him , under whose Authority He is , to tye him up by such Rules and Laws , as will put it without his Power to Effect the dreaded Mischief ; or by utterly and totally removing Him out of that Place and Capacity , in which alone he can hurt them : But they themselves have not sufficient Authority to tye Him up by Laws , or Disinherit Him , and therefore cannot do it without Injury ; and if it so come to pass , that the Supreme Authority will suffer him , whom you suspect will Murther You , to bear Arms , and will not confine Him ; if He Assaults you , being a private Man , you have the power of defending your self ; but if the Supreme Magistrate will appoint a Successor over a Nation , who that Nation has good reason to suspect will endanger their Lives and Fortunes , and Corrupt them in their Religion , to the hazard of their Souls , they have done all that lawfully they may , for preventing that Successiòn ; but Violently and of their own Authority ( which is none ) to go about to Disinherit , or Alter the Succession , upon pretence that the Injury done to him is not comparable to the Mischiefs and Injuries prevented ; ( which though true enough , and there want nothing but a competent Authority to alter the Succession without Injury , to the Person Disinherited ) yet still , it remaining an Injury because they do it who have not sufficient Authority , it is a breach of the Lawes of Christianity , which allows not evil to be done that good may come of it , or evil be prevented : And supposing my self to speak to Christians , I hope the Laws of our Religion will be judged to Oblige them , as much as any Civil Lawes whatsoever , for Christians ought to suffer Injury rather than do any . Having then proved this Forfeiture to be made to the Supreme Authority , that the Care and Power of preventing those ' foreboded Mischiefs resides only in it , the Subject ought in Prudence , and Duty to himself , to endeavour their prevention by moving the Supreme Authority to prevent them , but not otherwise ; and if he foresees no remedy , ought to Arm his Conscience from Corruption in Religion and the Spiritual Danger , and his resolution to suffer under the Temporal , and bear Injury when it cannot without Sin be prevented or Opposed : And this submission is not only necessarily enforced from the Principles of Christianity , but grounded upon Civil and Sate-Policy ; for if it were in the Peoples Power to Disinherit whom they would , no Person could ever Succeed , from whom the Multitude might not have Assurance of being Complyed with , in what they pleased ; and Mens desires being sometimes Extravagant and Sinful , great Inconveniences must needs ensue too the Government by the allowance of them ; frequently to a Successor might be Disinherited by the Faction or ill Disposition of the most , by reason of false and scandalous Imputations , which they can hear and believe , but not disprove ; or on purpose , which is sometimes very Be-witching , to shew their Power : and this must needs make a Government unsetled , and dispose it to Anarchy , Ruin and Destruction . Now , upon reflection of the inconveniences of a Power in the People to Disinherit , and of those which sometimes may happen for want of that Power in them , when the Ordinary Supreme Authority which hath Power will not exercise it upon a due Occasion ; some Men may possibly fall into a Rage , accusing their ill Fortune which unavoidably subjects them to Misery on both sides ; and Him , who having Power will not use it to secure them from the dangers they fear ; but if they consider that He who refuses to Gratify them in this , cannot be imagined not to wish & intend his Peoples good as much as his own , and several wayes formerly has procured it , they have no reason to be disaffected to Him for this , since the Cause of his refusal to comply , must be either that he is not so apprehensive of the danger they Dread , and sees no Reason so to be ; or if he be as apprehensive as they , yet perhaps he thinks it not within his Power to deprive the next Legal Heir of Succeeding without injury , forasmuch as He judges his personal Affection or Disposition to any Opinion or Religion , cannot alter and take away his Right ; and either , or both these being the Motives which with-hold Him from proceeding as he is desired , and both pertaining to Conscience , which he must satisfy as well as other Men ; besides , the Consideration of the Kings Heart being in the Hand of God , and particularly directed and turned by His Providence , His Subjects ought to submit to and Acquiesce in his Pleasure ; and so no remedy , but Succeed he must , and the Forfeiture , not being taken Advantage of whilst he remained a Subject , after He is once Possest of the Supreme Authority , cannot then be taken : For , although that Disposition which Forfeited his Right to Succession when He was Heir , may seem to Forfeit his Right to Actual Possession , because no one has a Right to be Possest of that which he had no Right to take into His Possession ; yet the Condition of this Forfeiture is such , that , not being taken , the Supreme Magistrate is supposed not to have judged it a Forfeiture . ; and it belonging properly to his Cognizance to determine , whether it were or no , what he judged was no Forfeiture that he did not take for one , and what He did not take , when he is Dead , no one can take for Him , if to no one he Delegated Authority so to do ; and if a Forfeiture is made to a Superiour , and the Supreme Magistrate neither by himself nor Delegate did take it , no one being Superiour to the Succeeding Heir , no one may take it , either by forcible hindring him to Succeed , or Warring against , or Deposing Him when He is possest ; for the Crown once worn taking away all Defects , as say the Lawyers , and that passing over to the Heir immediately upon the expiration of the Predecessor , all Previous Forfeitures or present Indispositions are of no force against Him , because there is none on Earth Sufficiently Authorised to take advantage of them . God indeed , if he pleases , by Interposing his Immediate Command , may depose Him ; I mean not on the account of His Supreme Intendency over all the World , ( for so He may depose a Prince though he be not so evilly affected ) but according to the rules of Justice and Reason , as an Offender against Him whose Substitute he is , by overthrowing the Ends of Government : but this God rarely doth ; for although Saul for his grievous Offences were rejected by God , yet suffered he Him to live and dye a King without proceeding to actual Deposition , although Samuel had told Him from God , that the Kingdom of Israel was rent from him , that is , from his Tribe and Family . If it be Objected , That though the Predecessor by a particular application of his Will did not take the forfeiture , because he did not see it , or believed it not ; Yet generally he must be supposed to Will and Design the taking it , forasmuch as he Wills and Designs the Publick wellfare ; and so , though not by a Special Act , Yet by his General Intention of the Peoples good He must be supposed to have taken the advantage of it . I answer , That this will not stand good in Policy , as it may do in many other things ; because such a belief would put it in the Peoples Power at their pleasure to Disinherit and Dethrone whomsoever they would , forasmuch as they might frequently upon Distaste , pretend him to have made a Forfeiture , who made none , and so depose him under the Colour of the Predecessor's Implicite and General Will to Disinherit him : and this is so great an Inconvenience and Danger to the Publick , that it 's far more eligible to run the hazard of Sometimes having a bad Prince , than of having good ones turned off as bad , or of suffering such ill Consequences as War , and Bloodshed , and an Unsettled Kingdom , which must attend an attempt to depose even bad Ones , since there is no one but has some Adherents . The Scriptures command Servants Obedience not only to Gentle , but froward Masters , Applaud Suffering Wrongfully ; and the Primitive Christians did so , even when they were strong enough to resist , and the Souldiers were content to be decimated , and to lay down their Armes , to be wrongfully put to Death , that is for a cause not deserving Death , for professing the Christian Religion ; which plainly proves that both the Apostles , and Primitive Christians , who were as well Catechised in the Principles of Religion as we can pretend to be , thought it an Article of their Faith , that it was not lawful for Subjects to Depose or Resist the cruelest Tyrants , though endeavouring their Spiritual destruction by obliging them to Idolatry , and their Temporal by Proscribing them , by Imprisoning and Murthering them if they refused : and this we call Passive Obedience , that is , submitting to the Supreme Authority's pleasure even when we are Injured rather then Rebel against Him. And thus much to shew , that if the Heir be not Disinherited whilst He remains so , it will afterwards be too late , and in reason and justice Impossible . CHAP. IV. That Mens Throwing themselves wholly upon Providence for Averting these Mischiefs , without making use of Rational , and Moral Means to prevent them , is Unreasonable , and Absurd . THe Country-man in the Fable who called upon Hercules , to draw His Cart out of the Mire in which it was set , was bid to apply His own Shoulders to it , and thrust , if he would have it out . Many there are , who Idely rely upon Providence to save them from the Dangers they foresee , but will not step a foot themselves , or use the least Industry and Care for preventing those Evils ; and because nothing comes to pass without Gods Permission , imagine therefore that nothing is done without His Appointment ; and on this account leave it wholly to him to Provide for their Safety . But this careless Opinion I much dislike ; because it often brings Men into Misery , by making them to neglect those Means for their Safety which God frequently puts into their own hands , and so they are undone for want of Care , for presuming God will Save them without the least of their Caution and Circumspection . Nay , sometimes there may be some , whose Honours , Lives and Fortunes , must stand or fall with a present Condition of a Nation ; who know in their Hearts , and are sure , if the Times turn , unless they will turn with them ( which 't is Reasonable many times to believe they may not ) they must lose both Lives and Fortunes , and the Spiritual Welfare of all the Subjects be Endangered ; yet they are not content not to endeavour the Disinheriting a Successor , with whom all this Mischief comes in , upon a Scruple , that such a Disinheriting is Un-lawful ; are not content fairly to give way to such a Successor without Opposition ; but are His best Friends , Court and Complement Him most at every turn , and take occasion from their Opinion of the unlawfulness to Disinherit Him , to be the strongest maintainers of Him ; which is both Imprudent and unreasonable Flattery ; drudging for one who Laughs at their Sedulousness to their own Ruin. In any Nation , if there be any in such a case so mad , they must not think themselves e're the Honester and Wiser for Courting their own Destructions ; submit one would , where it was unlawful to resist , but not invite Him who was to do one a Mischeif . T is to be Confessed , that Disinheriting a Prince , perverting the Lineal Succession , is a dangerous Precedent , because of the ill Consequences it may draw with it ; the Right of Succession ought to be Sacred , and not toucht or medled with , but with the greatest Reverence and Caution , and upon weighty Considerations ; but when once People have prevailed on a Prince , to Disinherit a Legal Heir for real and great Causes , they may often afterwards prove humoursom ; and sometime for no Causes , or not equal , exact and require the doing of it , because they have an Example and Precedent : This , I say , is a great inconvenience , but is unavoidable ; because , as long as Men are Men , they will be subject to Faults ; but yet I suppose it not Impossible , but such Laws and Rules may be stated and provided , whereby to procede in such Cases , as would much Alleviate this inconvenience : But shall leave that to Wiser Heads to Determine what they must be . And so much of the First Question . The Second Question . Whether some certain Politick Reasons may not be alone sufficient Grounds of Divorce ? CHAP. I. Of Marriage , its Institution , Ends , and Obligation : Of its special Rights and Privileges in the State of Christianity . I Am very Sensible , this Second Question carries so much the more Difficulty than the First , as it has been less Controverted , and consequently less Understood ; that it lies under a far greater Disadvantage , by reason of the many more Actually Interested and concerned in it ; the Right of Marriage being more Mens , than is Right to Succession and Heir-ship in Government , and they generally Prejudicated in their Opinions about it ; And lastly , so much the harder Case , as it concerns the Dispossession of those who are Actually in Possession of a Right , and so owned to be ; but the other only the prevention of Succeeding into such Actual Possession . But in order to its Discussion , I will proceed in the same Method I used in the First , that by inquiring into its Institution , Rights , and Ends , we may better judg of the true Causes of its Dissolution . The Institution of Marriage seems not to have been Occasional and by accident , as the appointment of most things by God was , but Cotemporary with the very Creation , and Formation of man it self ; so that He was no sooner shaped into the form of Body which we see he has , but he seemed to be Incompleat and Solitary , till such a Companion were given him ; for the use and enjoyment of which , in order to another end , Procreation , His Body both in its inward and outward Fabrick , provision and design of Nature appeared to have been purposely Framed , and by it self , as to that end , to be useless and imperfect : Nay , Marriage must have been Instituted , and Pre-ordained , even before Mans Creation ; for if God , when He said , Let Us make Man , had an Exemplar or Idea before Him , of what manner of Creature He was about to make , He then both saw , that the Creature He should make according to that Pattern , would want such a Companion , because of his inability to procreate without Her ; and yet , for which Procreation his Body appeared purposely Designed , by reason of its proper , natural , and convenient Composure for it ; Nay , further , Designedly and on Purpose made him such a Creature , as should have such a Companion in order to Procreation , because else , all that Aptitude and Structure which now serves to that end , would have been useless ; and God have done , what He and Nature never do , something in vain . Now the Institution , or Reason of Ordaining Marriage , depending on its End ; and its Immediate , and Natural End , being Procreation and Propagation of a Species of Creatures , and Man's Body apt and suitable for such Procreation , at the Moment of His formation Compleated ; it follows , that at the Moment of his formation Compleated , when he was an apt , and fit Creature for the End of Marriage , Procreation , the Institution of Marriage , if not before , yet then Commenc'd ; because the Natural Frame of Man , did Necessarily suppose such a thing as Marriage ; and therefore , its Institution was Original and Natural , not Occasional : it was designed by Nature , it self , and therefore needed not to be Instituted with any formal Ceremony , Law , or Circumstance whatsoever . I confess , that a secondary end of Marriage , namely mutual Society , help and Comfort , seems to have been Occasional : for after God had made Man , and placed Him in the Garden , He said , Gen. 2. 18. That it was not good that Man should be alone , that He would make Him an Help meet for Him ; as if , upon consideration of his Solitariness , as having no Creature capable of Conversing with Him , He resolved for remedy of that evil , to give Him a Wife : and Adam in the 23 ver . of that Chap. gives another Reason , why a Man should leave his Father and Mother , and cleave to his Wife ; because she was taken out of Him , was Bone of his Bone , and Flesh of his Flesh ; not that this was the only Reason of Marriage , because Woman was taken out of Man ; but that it should be a strong Motive of Love and Inclination to Woman , because she was a piece of Man himself , and therefore He should prefer Her before the Dear Relations of Father and Mother . By which very words , Father and Mother , Adam seems to have understood the end of Marriage to be Procreation , and what Procreation was ; else He could not have known what the words Father and Mother signify ; unless you will suppose those Words not Adams , but the Holy Pen-mans by a Prolepsis . From what has been said , 't is clear , that the two great Ends of Marriage are Procreation , and mutual help ; and that He who Marries , is Obliged to intend none other but those Ends. Having shewed , that the Institution of Marriage was Cotemporary with Mans first Creation , that the natural Disposition and Frame of Mans Body , was its very Institution in Nature it self , without further Ceremony , Law , or Circumstance , that Adams Marriage was Consummate , and Perfect without such ; yet now since the World is Increased , there is something more requisit to be done , I mean , as to the Contracting , and Solemnization of Matrimony . For when there were none in the VVorld but one Man and one VVoman , and both naturally loving one another , Circumstance and Ceremony were needless , since they are significative only of our minds to others , but there being no others but themselves , and their minds sufficiently known to one another , from the very inclinations and dispositions of Nature , as Man and Woman in general , and there being no other VVoman for Him to take , or Man for Her ; I say , neither Nature nor Reason could require Circumstance and Ceremony as convenient or useful : but now they must be used as signs and tokens of Consent , that such a particular Man and Woman do agree to Marriage , and to prevent Defrauding one onother by denying the Marriage , ( which , if done in secret between themselves only , either might ) and to prevent any ones wronging of either , by intruding upon the Right of either ; which is better secured and known , by being Publick and Solemn , and Acted before VVitness . Further , because all words do not equally express Consent , but some more , some less ; 't is likewise convenient , a determined form of words , whereby to express Consent validly , should be Authorised , and so all refuge to Equivocation , and dubious Interpretation of former Promises might be avoided . And to the end , that the Persons consenting to Marriage , might have the stronger Obligation to stand to their Promise , it was thought fit , they should mutually Promise each other , as far as lies in their Power , before God Himself , in the Presence and Hearing of one of his Ministers . So then , the Ends and Reasons of Marriage , is Procreation and mutual Help ; an inducing Motive is the natural Love Man and VVoman bare to each other , as being originally Flesh of one anothers Flesh ; the Essence or Actual Contract of it consists in Consent , and several outward Circumstances , are requisite for its Confirmation ad extra , and may not ordinarily be neglected without fault , because they are wholesome and useful Appointments . I have been the longer on this Head , because the Notion of any thing being first clearly and at large laid down , 't is easier after to pass a judgment on it ; and that I may pass by nothing which concerns it , I shall Observe what Advantages and Privileges Christianity has raised it to , beyond what it has in Nature , or in Judaism . It is become the Representation of that Holy Union , Love and Obedience , which is betwixt Christ and His Church , and therefore is accounted now a more honourable Estate than formerly ; forasmuch as neither the Jewes nor Heathens tied themselves up to strict Marriages , but using Polygamy , did , as it were , prostitute and dishonour the Marriage-Bed , which became thus common to many ; but now the Marriage of two Persons during Life , is enobled and recommended by that Similitude of Christ and His Church ; the first owning no other Spouse , the last no other Lord : Besides , that Marriage is not now so easily dissoluble as among the Jewes , nor for such slight Reasons ; and lastly , there lies now an Obligation on each , to Procure , as far as they can , not only the others Temporal , but Spiritual Comfort and VVelfare . And so much for the Nature , Institution , and Duties of Marriage . CHAP. II. What is DIVORCE ? What are Sufficient Reasons of Divorce ; and the Words of Our Saviour ? St. Matth. 5. 31 , 32. and Chap. 19. vers . 9. and elsewhere , about Divorce , only for the cause of Adultery and Fornication , Considered and Explained . MArriage , although so strait an Union as nothing more , yet admits of a Dissolution , commonly called Divorce ; that is , a Separation of both Man and VVoman , so as to return into the very condition of Liberty , and Singleness of Life , in which they were before their Marriage ; but this , not lightly , but on great weighty and high Considerations : And this is by the By to be observed , that every Separation of Man and VVoman after Matrimony outwardly Solemnized between them is not properly Divorce ; for Divorce is only a Separation of Persons , who according to the intent of outward Solemnization , were really and perfectly in a state of Marriage , and that , so as to return into a state of utter Disobligation or Non relation one to the other : but a Separation of Persons not perfectly Married , or of Persons Married if not for ever , so as both shall remain disengaged , is not properly Divorce . When therefore two Persons are Separated and Disjoyned , because the one is naturally Impotent ; that is , in Body not Perfect Man or VVoman , ( for by natural Impotency , Age , VVeakness , or Barreness is not to be understood ; for they are to be born with ; but an imperfect or monstrous Body . ) Such Separation I say , is not properly Divorce , because none are Divorced but Husband and Wife ; and such were not they : For since none are Husband and Wife , but they who are perfectly Married ; and the firm Contract of Marriage depend not only on the Consent of the Parties , and Solemnization , but on a supposition that they are what they are taken to be ; that is , perfect Man or Woman ; ( for Marriage supposes the joyning of such together ) if either be naturally Impotent , that is , not perfectly Man or VVoman , the other is imposed on , and the Consent of that Person to have married a Man or Woman , shall not be adjudged Valid , so as to imply that Persons Consent to Oblige to Cohabitation , with one who is not Man or Woman , whom alone that Person did Consent and intend to have in Marriage ; and therefore , such are not joyned together by God and Nature , since Nature Abhors such a Conjunction ; but without more adoe , are Actually Single . Secondly , If for other Reasons , a Man and VVoman perfectly so , and Married , do Part ; that parting is not a real Divorce , so as to be Disengaged from each other ; for thus St. Paul , 1 Cor. 7. 10 , 11. And unto the Marryed I Command ; yet not I , but the Lord ; Let not the Wife depart from Her Husband , but and if she Dapart , let her remain unmarried , or be reconciled to her Husband ; and let not the Husband put away his Wife : In which place St. Paul first Exhorts , that there be no Separation between Man and Wife , that is , that they should not Disagree , so as to part from one another ; but if such a Case ever happens ; that their Separation for such a Reason , is not Divorce , doth not dis-unite them , but that the VVoman continues the Mans VVife still , notwithstanding this Separation , and ought not to marry any one else , but that a Reconciliation should be Endeavoured , and both return to each other : but by the last words , Let not the Husband put away his Wife , is not to be understood , as if a Man might by no means , for no Cause , Totally Divorce his VVife ; for even our Saviour allows Adultery and Fornication to be a sufficient Cause ; Matth. 5. 32. and 19. 9. &c. In the first place in these VVords , I say unto you that whosoever shall put away his Wife , saving for the Cause of Fornication , causeth Her to commit Adultery ; and whosoever shall Marry her that is Divorced , committeth Adultery : In the last place thus , I say unto you , whosoever shall put away his Wife , except it be for Fornication , and shall Marry another , Committeth Adultery ; and wboso Marrieth her which is put away , doth Commit Adultery : which Exception of the Case of Adultery , plainly Proves , that Divorce for some Cause is Lawful , namely for that . But because these Places are generally understood in that rigid Sence , which the VVords without due Attention , seem to bear , as if no other Cause whatsoever but Adultery and Fornication in the VVoman , is sufficient Cause of a Total Divorce , and so 't is impossible that my Policick Reasons should be sufficient Cause ; I shall clear the Sence and Meaning of the VVords , First , Observing , that even Adultery it self is partly a Politick Reason of Divorce ; forasmuch as Marriage is Instituted for Propagation , and that is mischiev'd , and hindred by nothing more , than promiscuous Embraces ; and thence Accrues great Dammage to a Common-Wealth , and its politick Good. Besides , if the VVoman do sometimes prove with Child , it being possibly anothers , it shall however be obtruded on the Mothers Husband to Maintain : She then who is found Guilty of this high Crime , shall be Finally Dismist , as one who perverts and hinders the end of Marriage , and endamages the publick if she have not Children ; and if she have , greatly injures her Husband , both by disposing of her self to another , who was Rightfully only His , and probably burthens Him with what ought naturally to be anothers Charge . But to clear the Sence of the above Cited Places . In the 19. of St. Mat. Ver. 3. we have the Pharisees coming to our Lord , and tempting him , by proposing a Branch of Moses's Law , to try whether he would contradict it ; and then they had sufficient reason of Accusation against him they thought . They Asked him ; Whether it were Lawful for a Man to put away his Wife for Every Cause , according to what is written in Deut. 24. 1. When a Man hath taken a Wife , and Marryed Her , and it come to pass , that she find no favour in his Eyes , because He hath found some Uncleanness in Her , then let him write her a Bill of Divorcement , and give it her in her Hand , and send her out of his House . The Law gave License to put away Wives for Every Cause , for every Dislike ; for not finding Favour in their Husbands eyes , for no greater cause than not pleasing their Humour : What thinkest Thou , Is it Lawful or Agreeable to the Rules of Equity and Reason , as well as to the strict Letter of the Law ? And this Their Question he thus in effect Answers : That such Reasons as these , for which Moses allowed the Jewes to put away their Wives , were not Reasonable nor Equitable , but Extorted from him by them , whose hardness of Heart would be content with nothing less ; and therefore it was better the Law should be Remitted , and so their hardness become more pardonable , as not being an Offence against any Positive Law , but allowed of : But for the future , Divorce shall not be Lawful for any of those Petty Reasons , but for no less than Adultery , which the Law judged so Heinous , as to punish with Death it self ; but , as all Rigors in the Gospel are Mitigated , so now Adultery shall be punishable only with Divorce ; or else , because the Jews now cannot put any Man to Death , have lost Jus vitae & necis ; they shall punish it by Divorce , which remains in their power . The whole Scope and Design of which Answer , I judge to be This ; That the Jewish Rigor and Moroseness of Divorcing their Wives for every petty Dislike he did not only not approve , but hereafter would not have Adultery it self punisht so severely as formerly , with Death , but only with Divorce ; and that Divorce was punishment great enough for Adultery ; and that nothing less than Adultery does deserve to be , & must in the Gospel-state be punished with Divorce . And that this Answer does not suppose , but that Offences as great as Adultery , may deserve it as well as Adultery ; nor deny , but some Offences may be as great as Adultery , I have this Reason to think ; because , in the 6th . Verse , Christ sayes of Man and Wife , That they are no more Twain , but One Flesh , and that Man should not put asunder what God had joyned together ; which being generally spoken of all Husbands and Wives ; ( for , All God hath Joyned together ) one might conclude , that because All Husbands and Wives are joyned together by God , and no man must put asunder what God has joyned ; therefore it is not Lawful to put them asunder for any Cause whatsoever , no not for Adultery , because God did once joyn them together ; which being contradictory to the Permission he gives afterwards , for the cause of Adultery , plainly shews , those words are not to be understood in a strict and literal Sence , which excludes even the cause of Adultery . And therefore it is reasonable to suspect , That it s not being Lawful to Divorce but for the Cause of Adultery only , is not either strictly and literally to be understood of Adultery , and only that ; but that nothing less than Adultery is a sufficient cause , not denying , but something may be as great . I shall state a Case , which I will leave others to Judge , whether it be as Great or no. Suppose two Persons of different Religions Married , and one by the avowed necessary and immutable Principles of His or Her Religion , firmly Believes the other to be in a State of Heresy , Damnation , and Enmity to God and true Religion , and that Faith may lawfully be broke with that Person ; that 't is Lawful , Nay , highly Commendable to murther that Person , because His or Her Religion , by this Act , is according to all moral Certainty , sure to be Propagated ; which to promote , as far as in this Person lies , is an indispensable Duty ; and to compass , is to rescue Multitudes of Souls from Hell , and to cover and expiate for all this Persons private Sins , and to secure to Him or Her self Heaven and Gods Favour , by so meritorious an Act : that there is no other probable way of effecting this great VVork but by this means ; that to die in the Attempt , or failing of Success to be afterwards put to Death for it , is a most glorious Martyrdom . I should think a Person in the same Kingdom , City , House , but much more Bed , with such an one , to be very un-secure ; and if the Person escapes , it can be Attributed to nothing but the others extreme Faint-Heartedness , which one can scarce Imagine any guilty of , who is prepossest by such winning , prevailing , and strong Motives , as these I have been mentioning : And therefore , between a Sinful , Amorous and Adulterous Love of a Stranger , if it remain still within the Heart , and has not proceeded to Actual Commission ; and such Principles as believing it Lawful and Meritorious to Murther an Husband or wife , as to the Influence they have on Marriage in order to Dissolution , there is no other difference but this ; That a Man must expect the Actual Commission of Adultery , the bare intention or desire of which is not sufficient Cause of Divorce ; besides , that it proceeds not from a Vowed Principle , that 't is Lawful and Commendable so to do , and therefore that intention may alter ; but the imminent danger from those other Principles as fixt and unalterable , will not admit of that Delay until the Fact be Committed . Separation therefore from such a Person , as to all Society and Converse , is immediatly Necessary , and always , is Natural and agreeable to Reason , forasmuch as 't is for the preservation of Life ; and a Separation warranted by Reason to be perpetual , cannot suppose any mutual Obligation , Tye or Relation whatsoever in Reason to remain between them whom good and justifiable Reasons have perpetually Separated ; and therefore being thus Separated , not accidentally , but by moral and reasonable Necessity , there shall not remain an Obligation to the Person so Necessitated to remain Bound to the other in the Tye of Marriage ; the Duties of which 't is impossible for one to Satisfy and Perform , because it is absolutely rendred useless by the other : and for disengagement in such a Case as this , there is both Ground and Countenance in Scripture ; we have these Words in the 15 Ver. of the 7 Chap. of the 1 Epistle to the Corinth . But if the Un-believing depart , let Him depart ; a Brother or Sister is not under Bondage in such a Case : Whence I argue thus , if upon the voluntary Departure of a barely Un-believing Husband or Wife , either from other , neither is so tyed up , but that in such a case of Separation and Departure , a Christian is not in Bondage ; that is , remains not Obliged under the Yoke of that Marriage which the other by final Departing , has Dissolved , but may Marry ; Shall not then the Necessitated sending away or Dismission of a Person for the Reasons I have mentioned ( since 't is the same thing , whether a Person depart voluntarily , or force himself to be sent away , because the person who caused the Separation must be judged to depart ) ? Shall not such a Necessity release a Brother or Sister , a Christian , from being bound , and leave Him or Her at their Liberty to Marry if they please ? The only difficulty is , whether one Person believes the other to be throughly so Principled or Perswaded , as that Religion of which that Person is a Member , teaches , and as is necessary to justify the Divorce . CHAP. III. Whether the Case of Princes Marriages be the same with private Mens ; And whether they are not sometimes Extraordinarily Indulged and Dispenced with by God ? IF the Case , I in the last Chapter put , were a Princes , no doubt but that would Aggravate it with Circumstances , as peculiar to Princes as is their Charracter and Authority ; For a Prince being not only an Husband but a Soveraign , such Principles would be more than doubly Pernicious , because they are directed against a Person , who is not only in a twofold Capacity , and therefore doubly Injured , but likewise , because imagining or believing the Destruction of a Prince to be Lawful , is it self an higher Crime than the same belief concerning a private man ; because His Right in his Wife as His Subject is more immediate from God and Absolute , than as he is Her Husband ; the Right of Dominion being greater than that of Propriety and Use. Besides , the endangering such a Person is not Confined to His own Detriment , but involves all his Subjects in it , as those whose Welfare depends on their Head and Protector ; and either the utter Ruin , or extreme Danger of the whole Nation attends His Destruction , especially in the Case of being morally certain after His Death , to be both Spiritually and Temporally enthralled : And therefore , such a Case would so much the more warrant a Divorce , as the breach of a far greater Obligation is more notorious , and of more dangerous Consequence , and less capable of Delay , and a stronger and more necessitating Reason to put her away , supposing the Wife to be so Principled as to give just Occasion of such fear and necessity . 'T is possible , I consess , that one Externally of such or such a Profession may not be so in Heart , or may not be seasoned with those Doctrines which the Presidents of that Religion judg too apparently startling to Communicate to some of their Disciples : but nothing there is but may be susspected and feared from some mens Importunity , Cunning , Boldness and Impudence . But I will not Insist upon this supposed Case any longer , which under all these Aggravations must needs imply the Lawfulness of Divorce , which I think I can infer Allowable in a Case more moderate , and of less evil Aspect . For I will imagine the Consort not so dangerously disposed and affected , nor to Design any such thing ; but that the Prince having no Heir of his Body , to Succeed , to be Instructed in such a Religion and Principles , as will incline Him to procure the Peoples real good , and that such a destructive and dangerous Religion naturally falls in with him who is the presumtive Heir , as they call it , that is the next of Blood or Kin for want of a nigher ; and that this Princess or Queen never had , nor , morally speaking , ever can have , and bring forth an Heir to be so Instructed and Succeed ; and this Conjecture for the Future , grounded on the time past ; because she had none then when it was more probable and natural , and without such an Heir so much danger and destruction imminent ; the Case thus Stated , I say , prevention of Mischief , which could not give the People Authority to Depose a Prince , because though they may be Injured by Him , yet they never can have Authority to vindicate themselves against Him ; will however give a Prince , who has a full Authority over all , Power and Warrant to Divorce a Wife , as being unavoidably and necessarily forced thereto , though not by Her self , or own Principles , yet so accidentally , as is inseparable from Her Marriage ; and this necessity is unavoidable , because 't is absurd , that a Prince should suffer His People to incur such great danger and destruction knowingly , upon any pretence whatsoever , and therefore is not to be supposed : For the Christian Maxim of not doing Evil that Good may come of it , would be mis-appli'd here ; for , a private Interest or good standing in Competition with the publick , ceases to be a real Right if inconsistent with the publick , inasmuch as every Subject doth implicitly and tacitly relinquish His Right , Possession and Pretentions to every thing which cannot consist with the Common Good ; and then to make void such a Right , is not to do Evil , and so the necessity remains unavoidable ; but still with this Proviso and not else , That the Prince may proceed thus , if He believe the probability and certainty of such a destructive Religion's coming in , if He Die without other Heir than He has already ; Or that , if it do come in , He believes it as Dangerous and Destructive as others do : else His Conscience is bound , and He Obliged to follow it . In the last place , to strengthen the belief of this Maxim , on which the stress of the Dispute depends , that what was once a Mans full and undoubted Right and Propriety , if it ever after prove utterly inconsistent with the publick Good , finally ceases to be His Right or Propriety ; and that to deprive him of the Possession of that thing , is not an Injury , nor doing Evil that Good may come of it , I will in short , endeavour to make out , by shewing , That God doth Himself Dispence in such Cases , with Princes forc't Actions . I might insist on a tacit Consent of every Subject to this purpose , because Government is not Fixed and setled without such a Consent , but shall rather conclude with the strongest Proof , the Authority of Scripture . The Apostles had a Power given them by our Saviour , That what soever they did bind on Earth should be Bound in Heaven , and whatsoever they did loose on Earth should be loosed in Heaven ; and whosoever Sins they did Remit they were Remitted , and whosoever Sins they did Retain , they were Retained . Which Apostolical Power of Loosing and Binding , Remitting and Retaining , the Learned observe , and Expound to be the power of admitting into the Number and Fellowship of the Faithful , upon Repentance , and Exclusion or Banishment from it for Sins Scandalous , and putting them into a state of unworthyness , to partake of the Christian Mysteries , and be reputed a Member of Christ ; and this is called Excommunication ; from which too , upon unfeigned Repentance , they had Authority to Release ; now this Power is commonly called the Power of the Keyes , is an ordinary jurisdiction derived from the Apostles to their Successors , who exercise such an Authority to this day . Now , This jurisdiction seems to derive from the abovementioned Texts , on which 't is grounded , so universal an extent , as if no one whatsoever , not Princes themselves , were exempt from it , the words Whatsoever and Whomsoever being Universal ; and in common Speech Excluding none , but comprehending all . And some men , namely the Romanists , who catched at the least outward appearance or countenance from Scripture for erecting the Popes Unlimited Power , suppose these places of Scripture to confer on Church Governours a Jurisdiction , Authority , and Right of Government over Princes Themselves , so as to Censure , and Actually Excommunicate them ; because 't is said , That Whatsoever they did bind on Earth , should be bound in Heaven : But neither in the Apostles practise nor examples of Antiquity can we find ever such an Authority to have been exercised over Princes , though no doubt , occasion might often enough occur . And Conformably to this , the best Reformed Church , ( I mean That of England ) Teaches , That 't is not Lawful to Excommunicate Princes ; that is , denounce them to be No Members of Christ and his Church . For , although this Power is for Edification , and not for Destruction ; and no doubt every Christian Prince , like every other Private Christian , is intrusted to the care of some Spiritual Pastor or Pastors to Instruct him , and give Account for his Soul , if it be lost through their default ; and therefore they might seem to have Power of using all means for His Salvation as they may for others , and this of Excommunication being such , they might therefore Excommunicate Him ; ( I mean not from the Visible Company of the Faithful , for that they cannot , but from Participation of the Mysteries and Ordinances of our Religion , and from being a Member of Christ's Invisible Church ) ; But this neither they did nor we do , on this Supposition , and Maxim in Divinity , that Princes are , and ought to be Exempt from common and ordinary Rules , which others are Subject to , if so be the Obliging a Prince to those Rules , would be occasion of Dammage and Danger to the Common-Wealth , as subjecting him to Church-Censures , tho never so deservedly , would necessarily be ; for it would look as if he had a Superiour on Earth , though really it were only a Superiours Delegate ; and subject Him to be despised and slighted by some , who would value themselves above him , as not so near to Gods Favour and Commnunion as themselves ; it would occasion discord between the Prince and the Church , and hazard the taking away all just Authority , nay , the expulsion of Christianity it self : and therefore rather than endanger the publick Peace and Tranquillity , the Prince should be Exempt from an Ordinance and Institution of Christ Himself , which in Reason doth touch Him as well as any else ; Will it not then follow , that rather than manifestly hazard the both Spiritual and Temporal good of His People , a Divorce , being the only remedy , may as well be warranted ; and He as well freed from the dangerous Tye of Marriage in such a Case , as from Excommunication it self ? Nay , we find God himself Dispensing with an Eternal and Natural Law for the sake of the Publick Spiritual Good. God Dispensed with the Natural Law of doing no Murther , and that within the near Relation of Father and Son , and commanded Abraham to flay Isaac , that He might thus give a rare Example of his Faith for all the Church of God afterwards to imitate , both Jewes and Christians : and David in extremity of Hunger was Indulged , and that not immediatly by God , but by the prudential rational deduction of Ahimelech the Priest , that a Case of necessity did sufficiently Dispense , was Indulged , I say eating the Shew-bread against a positive Law , that none but the Priests alone should eat it , and yet did not do Evil , in eating the forbidden Bread , that Good might come of it , the preservation of his Life ; and that was all the good it did , because his Life , at that time not being King , had no other Influence on the publick Good , than as afterwards he was to be King. I Conclude therefore , that if not only the publick good cannot be procured , but the greatest and highest Mischiefs be prevented without the Divorce of a Person whose Marriage hinders the only remedy and prevention of those great Mischiefs , introduction of Idolatry , Superstition , and Defection from the true Religion ; that a perpetual Separation of that Person from the Prince is made necessary to the avoiding those Mischiefs , and because those Mischiefs must and ought to be , and may lawfully , by this way of Separation be Avoided ; ( Christianity it self , for the prevention of like Mischiefs dispensing with Him in another as solemn an Ordinance of Religion , ) this Separation so necessitated shall not leave any Tye or Obligation on the Prince which is inconsistent with perpetual necessary , not accidental Separation , and such a Tye is Marriage , but that the Prince is thus dis-ingaged single and free to pursue the averting those dreadful , destructive , and otherwise certain Mischiefs which would Ensue to the ruine of the greatest Publick Good , both Spiritual and Temporal ; the procurement of which cannot be prejudiced by any private Interest or Right , for that ceases to be so , when it stands in competition with the Publick ; but dispenseth with the Annulling that Right and Propriety , by a prudential , rational , and true Inference from an unavoidable Necessity . FINIS . 
A70767	----	Oaths appointed to be taken instead of the oaths of allegiance and supremacy and declaration. 1699 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A70767 Wing O81 ESTC W35764 10051757 ocm 10051757 44472 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70767) Transcribed from: (Early English Books Online ; image set 44472) Images scanned from microfilm: (Early English books, 1641-1700 ; 723:8 or 1356:4) Oaths appointed to be taken instead of the oaths of allegiance and supremacy and declaration. Leverett, John. England and Wales. Parliament. 1 broadside. s.n., [Boston? : 1699?] Oath of allegiance to King William III and opposition to the Pope and declaration of disbelief in Catholic doctrines and practices. Signed in manuscript: John Leverett, Samuel Layman, Thomas Browne, Jam.s Converse. Attributed by Wing to Parliament. This item appears at reels 723:8 and 1356:4. Wing number E1676 (at reel position 1356:4) cancelled in Wing (CD-ROM, 1996). Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702. Great Britain -- Kings and rulers -- Succession. 2008-04 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion OATHS appointed to be taken instead of the Oaths of Allegiance and Supremacy . And Declaration . I A. B. Do sincerely Promise and Swear , That I will be faithful and bear true Allegiance to His Majesty KING WILLIAM the Third . So help me GOD. I A. B. Do Swear , That I do from my heart abhor , detest and abjure as impious and heretical , that damnable Doctrine and Position , that Princes Excommunicated , or deprived by the Pope or any Authority of the See of Rome , may be Deposed or Murthered by their Subjects , or any other whatsoever ; And I do declare that no Forreign Prince , Person , Prelate , State or Potentate , hath or ought to have any Jurisdiction , Power , Superiority , Preeminence or Authority , Ecclesiastical or Spiritual , within the Realm of England . So help me GOD. I A. B. Do solemnly and sincerely in the presence of GOD , Prosess , Testify and Declare , That I do believe that in the Sacrament of the Lords Supper , there is not any Transubstantiation of the Elements of Bread and Wine , into the Body and Blood of CHRIST , at or after the Consecration thereof by any Person whatsoever ; And that the Invocation or Adoration of the Virgin Mary , or any other Saint , and the Sacrifice of the Mass , as they are now used in the Church of Rome , are Superstitious and Idolatrous . And I do solemnly in the presence of GOD , Profess , Testify and Declare , That I do make this Declaration and every part thereof , in the plain and ordinary sence of the words read unto me , as they are commonly understood by English Protestants , without any evasion , equivocation or mental Reservation whatsoever , and without any Dispensation already granted me for this purpose by the Pope , or any Authority or Person whatsoever ; or without any hope of any such Dispensation from any Authority or Person whatsoever , or without thinking that I am or can be acquitted before GOD or Man , or absolved of this Declaration or any part thereof , although the Pope or any other Person or Persons or Power whatsoever , should dispense with or annul the same , or declare that it was null and void from the beginning . 
A80701	----	The true copy of a letter sent to the Kings Most Excellent Majestie. By W. Covell Gent. Covel, William. 1661 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A80701 Wing C6614 Thomason 669.f.26[70] ESTC R210949 99869697 99869697 163952 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80701) Transcribed from: (Early English Books Online ; image set 163952) Images scanned from microfilm: (Thomason Tracts ; 247:669f26[70]) The true copy of a letter sent to the Kings Most Excellent Majestie. By W. Covell Gent. Covel, William. 1 sheet ([1] p.) Printed by J.C. for the author, London : [1661] Publication date from Wing. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- II, -- King of England 1630-1685 -- Early works to 1800. Great Britain -- Kings and rulers -- Duties -- Early works to 1800. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2008-02 Judith Siefring Sampled and proofread 2008-02 Judith Siefring Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion The true COPY of a LETTER SENT To the KINGS Most Excellent MAJESTIE . By W. COVELL Gent. JEHOVAH our great Master commands me to speak to thee O King after this manner . KING , thou hast taken upon thee to Rule part of the King of Kings great houshold , and if thou art his Steward , they that Rule our men must be just , ruling in the fear of the Lord , as in 2 Sam. 23. 3. And they that are ruled must fear God and the King , by whom Kings reign , which is Gods Order onely ; therefore care is to be taken for the Poor and Despised and Oppressed , as well as for the Rich and Mighty of this world ; for our great Master hath put a Law in every thing he maketh , to guide it according to its kind ; without Counsel the People perish , and his Counsellors are the aged in Christ , for not many Wise men after the flesh , nor many Mighty , nor many Noble are called , but God hath chosen the Foolish things of the world to confound the Wise , and God hath chosen the Weak things to confound the Mighty and Base things of the world , and things that are Despised hath God chosen , and things which are not to bring to nought things that are , that no flesh should glory in his presence ; and as our great Master is good to all , so must his Stewards and Counsel and Servants be , for Christ will not be made a Slave and a Vagabond to Dag●n ●or ever ; but the poor penitent Souls have received of his fulness and goodness , and they that are counted mad as Paul was , oftentimes speaks forth the words of Truth and Sobriety , and the Wisdom of God in the Despised and Poor persecuted ones , is a chief good and help to Rulers , who are Gods Deacons : Therefore thou art to provide a Counsel of poor penitent Souls , and not to take Counsel of none but Mighty men of this world , for the Ministry of Wisdom is in the poor Saints , the worlds despised ones , Gods Cherubims at his Command , and his enemies Deliverers , when they obey him in them ; they are his enemies Coverings , when the enemy combines with subjection to his Will , and be sweetly contained ; it is the wisdom of a King to conceal a matter , so do thou , and defend them in Peace and Truth , and provide for them , and relieve them , and as a good Steward of the manifold gifts of God , out of the abundance of the earth ; in thy disposing , dispence part thereof to set such people to work , who are willing to live according to Gods Order in some place convenient for them , that they may be a pattern of good works to the ignorant world , through Gods Wisdom outsighting them , for the good of thee and of these people of these Nations ; which being settled in our great Masters Order , will bring Glory , Peace , Truth , Plenty and Health to thee and them , and by degrees remove Ignorance , Idleness , Want and Beggery out of the Land , and make thee great in our Masters Eye , and be loved of him ; without which , greatness in this world will make us miserable in the World to come : But if thou dost seek after the love of our great Master , and own and obey him in thy Place , according to his Order , and not after the Ordinances of men , which are not for the Lords sake , which ought to bear the Emphasis and chief Rule in all Ordinances and Orders whatsoever , which he offereth to thy understanding by his mean Instruments ; then shalt thou be made great , and the Nations of the world shall dread thee , for his power in thee and them ; those which are ruled by our Masters Law in them , are subject to his Ministry , and are no trouble to his Stewards , but their trouble is most to rule such as will not be ruled by Gods Law which is in them , and manifested to them ; and instead of following his Law and Order , do hearken to and obey such Priests as have departed out of the way , and caused many to stumble at the Law ; and such Lawyers also as establish the Traditions of men for Gods Laws , after their blind reasons , for the love of gain , which God hath cursed by his Prophet , Malachy Chap. the second : But thou must defend them , and provide for them , which are obedient to our Masters Law and Order , and as a good Shepherd go before them in the same , and that is it which will bring good to thee ; and make them thy coverings , and shew forth our Masters glory and thine , and if thou embrace the Truth , more may be communicated to thee as thou art able to bear it , thy work and danger in the work being great , and my work is according to our great Masters Command and Obligation to plead this before thee O King , for the Poor and Oppressed People of God , our great Jehovah , Amen . From a Beggar in bonds , who craves neither honour nor wealth , but a waiter upon our great Master , and a Beggar to him for thee and the Nations with tears and groans , that they may be saved from the Judgments which are sealed for the Rebellious , and I am directed in thy behalf to the 12th Chapter of Job , for thee to read , and consider of alone by thy self , and if thou be broken off from the wild Olive Tree , and art engrafted into the good Olive Tree , and made partaker of the fatness thereof , then thou wilt grow in the Spirit of Knowledge , and the secrets of the Lord will be with thee , and shalt see his wonderous works ; for which wo is me , that I cry , Wilt thou hear his voice ? Which if obeyed , I and others shall hear the Eccho , and there will be coverings to thee and them , which hear and believe ; but if laught at and rejected , Oh! my bones shall be broken , and I tremble before our great Master , under whose Ministry I am , the end whereof is known to him , and shall be known to them to whom by Vision , Revelation or Inspiration , or any other way he shall reveal himself ; which in us , if it be observed and obeyed , is our glory , and will yield all glory to our great Master Jehovah . King , I am under great trouble of mind concerning thee and the Nations , and being commanded further to speak unto thee , truth maketh me bold , wo is me for fear I grieve thee , I am full of love to thee , and to the whole Creation of God , under whose Ministry I am . Thou art to take heed of the Crown of Gold , which is of mens making , for a Crown of glory is offered to thee , that thou mayest wear for ever , and if thou imbrace the same , the worldly Crowns will well fit thee . Thou art to take heed of making Contracts with these people , for they are out of order , and God hath a controversie with these Nations . Thou art to take heed of the Oath they will put upon thee , for fear of being snared , for there are many things to be done , and many things to be undone , which must be according to the Word of our greatest King and Law-giver . Thou art to take heed of the Phylosophers , and such as will slatter thee for their own ends , minding more the commands of man , and love to man more than the Command of God our greatest Master . Thou art to open the Prison Doors for Debtors , and appoint Commissioners in all thy Counties , to examine every mans cause , there will appear great advantage to thee , to remit thy self in the People hearts , for none can stand before our great Masters Sword which is within every man , and thy Sword which is without , let be one proceedings in all Courts , as in the Exchequer . Thou art to take heed of all thy Officers in all places in the Nations , for if that they through corruptions shall any way abuse the People , it will all reflect on thee , and make thee little ; and although the world , flesh and sin be thy enemy , God will be thy friend , and thou shalt never want Counsel , nor miss at last the eternal Crown of glory . Thou art to hold the Ballance equal to all sorts of People , and to Persecutions and Imprisonments of People for Conscience , thou art to forbear and hinder those fiery Angels in the world , that would burn up all with a fiery zeal , which is not true , having no wisdom but in their Lips. Thou art to be like our great Master , good to all , for he hath created a full creation , that shews his Love ( there is no want ) of his works , but there is a want of inlarged hearts , universal men , for narrow covetous spirits will never do good , but to themselves ; our great Masters House must be built by steps , by those which have skill ( even a Solomons House ) for the delivering of the Poor , Oppressed , Despised Bodies , that wants Food and Cloaths . Breeding and Planting restores . Oh King , live for ever , our great Master Jehovah bless thee , Amen . Buying and Selling destroyes . WILLIAM COVELL . London , Printed by J. C. for the Author . 
A80944	----	November. Cartwright, William, 1611-1643. This text is an enriched version of the TCP digital transcription A80944 of text R210671 in the English Short Title Catalog (Thomason 669.f.11[93]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A80944 Wing C711 Thomason 669.f.11[93] ESTC R210671 99869447 99869447 162745 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80944) Transcribed from: (Early English Books Online ; image set 162745) Images scanned from microfilm: (Thomason Tracts ; 246:669f11[93]) November. Cartwright, William, 1611-1643. 1 sheet ([1] p.) s.n., [London : 1647] Anonymous. By William Cartwright. Imprint from Wing. Verse - "Thou Sun that shed'st the Dayes, looke down and see". Annotation on Thomason copy: "Nouember 6. 1647". Reproductions of the originals in the British Library (reel 246) and in the Bodleian Library (reel 1845). eng Charles -- I, -- King of England, 1600-1649 -- Poetry -- Early works to 1800. Great Britain -- Kings and rulers -- Poetry -- Early works to 1800. A80944 R210671 (Thomason 669.f.11[93]). civilwar no November. Cartwright, William 1647 947 11 0 0 0 0 0 116 F The rate of 116 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion NOVEMBER . THOU Sun that shed'st the Dayes , looke downe and see A Month more shining by Events , than thee ; Departed Saints and Soules sign'd it before , But now the living signe it more . Persons and Actions meet , All meant for Joy , But some build up , and some destroy . Bate us That Ushering Curse , so dearly knowne , And then the Month is All our Owne . So , at the first , Darkenesse was throwne about Th' unshapen Earth , and Light was th●nce strooke out . Draw the first Curtaine , and the Scene is then A Triple State of Cull'd and Trusted men : Men in whose hands 'twas once t' have giv'n us more Then our Bold Fathers Askd before : Who , had they us'd their Prince's Grace , had got What no Armes could , and Theirs will not . What more then Witchcraft did our Blessing Curse , And made the Cure make Evills worse ? 'T is the Third D●y ; throw in the Blackest Stone , Marke it for Curs'd , and let it stand Alone . BUT hold ! speake gentler things ! This Fourth was seene The softest Image of our Beauteous Queene . Bring me a Lambe , not us'd to Elder Food , That ha's as yet more Milke then Blood , That to the Honour of this Early Bride ( Like Thetis joynd to Peleus side , ) Some Tender Thing may fall ; though nore can be So White , so Tender , as is She . Whiles we at home our Little Turfe debate , She spreads our Glories to another State . NEXT view a Tr●●son of the worst Intent , Had not our Owne done more then Strangers meant ; Religion is the Thing both sides pretend , But either to a different End : They , out of Zeale , labour to reare their owne , These , out of Zeale , to pull All downe . Blesse Us from These , as Them ! But yet compare Those in the Vault , These in the Chayre , Though the just Lot of unsuccessefull sin Fix their's Without , you 'l finde worse Heads Within . BUT hearke ! What Thunder 's that ? and who those men Flying tow'rds Heav'n , but falling downe agen ? Whose those Blacke Corps cast on the Guilty Shore ? 'T is sin , that swimmes to its owne Dore . 'T is the Third scourge of Rebells , which allow'd Our Army , like the Prophets Cloud Did from an Handfull rise , U●till at last Their Sky was by it Overcast . But ( as Snakes Hisse after th' have lost their Sting ) The Traytor call'd This , Treachery in the King . Away , and view the Graces and the Houres Hov'ring aloofe , and dropping mingled Flowres Upon a Cradle , where an Infant lay More Grace , more Good●sse then were they ; Thrice did they destine Her to passe the seas ( Love made Her Thrice to passe with ease ) To raise a strength of Princes first , and then To raise Another streng●h of Men . Most Fruitfull Queene ! we boast Both Gif●s , And thus The Day was meant to You , the Joy to Us . Next to this Mother stands a Virgin Queene , Courting and Courted wheresoever seen ; The Peoples Love fi●st from Her Troubles grew ; Her Raigne then made That Love her Due . That Comely Order , which did then adorne Bo●h Fabricks , now by Facion's torne ; That Forme , by her allow'd , of Common Pray'r Is styl'd vaine Beating of the Ayre . How doe they H●nour , how forsake Her Crowne ! Her Times are still Cry'd up , but Practis'd Downe . Reach last , the Whitest Stone the World yet knew , White as the soule , to whom the Day is due . Sonne of the Peacefull Iames , how is he blest With All His Blessings , but His Rest ! Though undeserved Times call All His Pow'rs , And Troubles season Other Hour's , Let this Day flow to Him as void of Care , As Feasts to Gods , and Poets are : The Wish is Just , O Heavens ! As our strife Hath added to His Cares , adde Yee to His Life . And now , since His Large Heart with Hers is met , Whose Day the starres on purpose neare His set . NOVEMBER shall to me for ever shine , Red in its Inke , Redder in Wine . And since the Third ( which almost hath made shift T' Absolve the Treason of the Fift ) Cannot be well Remembred , or Forgot By Loyall Hearts , as if 't were not ; The Last extreame , against the First wee 'l bring : That gave us Many Tyrants , This a KING . Notes, typically marginal, from the original text Notes for div A80944e-30 1. Day , is All Saints . 2. All Souls . 3. Day , The Assembling of the unhappy Parli●ment . 4. Day , The Birth of the Princesse MARY . 5. Day , Our Delivery from the Papists conspiracy . 12. Day , The Kings Victory at Brainford . 16. Day . The Birth of our gracious Q. MARY . 17. Day , The beginning of Q. Elizabeths Raigne . 19. Day , The Birth of our gracious King CHARLES . 
A91202	----	King Richard the Third revived. Containing a memorable petition and declaration contrived by himself and his instruments, whiles Protector, in the name of the three estates of England, to importune and perswade him to accept of the kingship, and crown of England, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of K. Henry 6. Edward 5. and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first Parliament, to give him a colourable title both by inheritance, and their election to the crown. Transcribed out of the Parliament roll of 1.R.3. (printed in Speeds History of Great Britain: where his other additionall policies to engage the City of London, lawyers, divines and people, to elect, and make him their king, are at large recorded.) Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91202 of text R203357 in the English Short Title Catalog (Thomason E896_5* E903_9). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 25 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91202 Wing P3990 Thomason E896_5* Thomason E903_9 ESTC R203357 99863331 99863331 168426 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91202) Transcribed from: (Early English Books Online ; image set 168426) Images scanned from microfilm: (Thomason Tracts ; 135:E896[5*] or 136:E903[9]) King Richard the Third revived. Containing a memorable petition and declaration contrived by himself and his instruments, whiles Protector, in the name of the three estates of England, to importune and perswade him to accept of the kingship, and crown of England, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of K. Henry 6. Edward 5. and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first Parliament, to give him a colourable title both by inheritance, and their election to the crown. Transcribed out of the Parliament roll of 1.R.3. (printed in Speeds History of Great Britain: where his other additionall policies to engage the City of London, lawyers, divines and people, to elect, and make him their king, are at large recorded.) Prynne, William, 1600-1669. [2], 9, [1] p. Printed for William Leak, at the Crown in Fleetstreet, betwixt the two Temple-gates., London, : 1657. Attributed to William Prynne. Annotation on Thomason copy E.903[9]: "March 1st"; the 7 in imprint date has been crossed out and date altered to 1656. Reproductions of the originals in the British Library. eng Richard -- III, -- King of England, 1452-1485. Cromwell, Oliver, 1599-1658 -- Early works to 1800. Great Britain -- History -- Edward IV, 1461-1483 -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. A91202 R203357 (Thomason E896_5* E903_9). civilwar no King Richard the Third revived.: Containing a memorable petition and declaration contrived by himself and his instruments, whiles Protector Prynne, William 1657 4190 5 0 0 0 0 0 12 C The rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2009-01 Emma (Leeson) Huber Sampled and proofread 2009-01 Emma (Leeson) Huber Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion KING Richard the Third REVIVED . Containing A Memorable Petition and Declaration contrived by himself and his Instruments , whiles Protector , in the name of the three Estates of England , to importune and perswade him to accept of the Kingship , and Crown of England , by their joynt Election , ( as if he were unwilling to undertake , or accept , though he most ambitiously aspired after them , by the bloudy murthers of K. Henry 6. Edward 5. and sundry others ) before his Coronation ; presented afterwards to , and confirmed by the three Estates and himself , in his first Parliament , to give him a colourable Title both by Inheritance , and their Election to the Crown . Transcribed out of the Parliament Roll of 1. R. 3. ( printed in Speeds History of Great Britain : where his other Additionall Policies to engage the City of London , Lawyers , Divines and People , to elect , and make him their King , are at large recorded . ) Eccles. 3. 15. That which hath been , is now , and that which is to be , hath already been : and God requireth that which is driven away . 1 Sam. 12. 17 , 19. The Lord shall send thunder and rain , that ye may perceive and see , that your wickednesse is great which ye have done in the sight of the Lord , in asking you a King . And all the people said unto Samuel , Pray for thy servants unto the Lord thy God , that we die not ; for we have added unto all our sins , this evil , to ask us a King . LONDON , Printed for William Leak , at the Crown in Fleetstreet , betwixt the two Temple-Gates . 1657. In Rotulo Parliamenti tenti apud Westm. die Veneris vicessimo tertio die Januarii , Anno regni Regis Richardi Tertii primo , inter alia continentur ut sequitur . Memorand . quod quaedam Billa exhibita fuit coram Domino Rege in Parliamento praedicto in haec verba . WHereas late heretofore , that is to say , before the Consecration , Coronation , and Inthronization of our Soveraign Lord King Richard the Third , a roll of Parchment containing in writing certain Articles of the tenor underwriten , on the behalf , and in the name of the three Estates of this Realm of England , that is to say , of the Lords Spiritual , and Temporal , and of the Commons by name , and divers Lords Spiritual and Temporal , and other Nobles and notable persons of the Commons in great multitude , was presented & actually delivered unto our said Soveraign Lord , the intent and effect expressed at large in the same roll , to the which roll , and to the Considerations , and instant petition comprized in the same , our said Soveraign Lord for the publique weal , and tranquility of this Land being duly assented . Now for as much as neither the said three Estates , neither the said persons , which in their name presented , and delivered as it is aforesaid the said Roll unto our said Soveraign Lord the King , were assembled in form of Parliament , by reason whereof divers doubts , questions , and ambiguities been moved and ingendred in the minds of divers persons , as it is said . Therefore , to the perpetual memory of the truth , and declaration of the same , be it ordained , provided , and established in this present Parliament , that the Tenor of the said Roll , with all the Contents of the same , presented as is abovesaid , and delivered to our abovesaid Soveraign Lord the King , in the name , and in the behalf of the said three Estates out of Parliament ; Now by the said * three Estates assembled in this present Parliament , and by authority of the same , be ratified , enrolled , recorded , approved , and authorized to the removing of the occasions of doubts , and ambiguities , and to all other lawfull effects that shall now thereof ensue , so that all things said , affirmed , specified , desired , and remembred in the said Roll , and in the tenour of the same , underwritten in the name of the said three Estates to the effect expressed in the said Roll , be of the like effect , vertue , and force , as if all the same things had been so said , affirmed , specified , and remembred in full Parliament , and by authority of the same accepted , and approved , the Tenor of the said Roll of Parchment wherof above is made mention , followeth , and is such . To the high and mighty Prince , Richard Duke of Gloucester . PLeaseth it your Noble Grace to understand the considerations , election , and Petition underwritten of us the Lords Spiritual and Temporal , and Commons of this Realm of England , and thereunto agreeable , to give your assent to the Common , and publique weal of this land , and to the comfort , and gladnesse of all the people of the same . First we consider , how that heretofore in time passed this land for many years stood in great prosperity , honour , and tranquillity , which was caused for so much as the Kings reigning , used and followed the advice , and counsel of certain Lords Spiritual and Temporal , and other persons of approved sagenesse , prudence , policy , and experience , dreading God , and having tender zeal , and affection to indifferent administration of Justice , and to the Common , and publique weal of the land : Then our Lord God was dread , loved , and honoured ; Then within the land was peace and tranquillity , and among the neighbours Concord and Charity ; Then the malice of outward enemies was mightily resisted , and repressed , and the land honourably defended with many great and glorious victories ; Then the intercourse of Merchants was largely used and exercised ; by which things above remembred , the land was greatly inriched , so that as well the Merchants as the Artificers , and other poor people ; labouring for their living in divers Occupations , had competent gain , to the satisfaction of them , and their housholds , living without miserable and intollerable poverty . But afterwards , when as such had the rule and governance of this land , delighting in adulation , and flattery , and led by sensuality and concupiscence , followed the counsel of persons insolent , vicious , and of inordinate avarice , despising the Counsel of persons good , vertuous , and prudent , such as above be remembred ; the prosperity of this land decreased daily , so that our felicity was turned into misery , and our prosperity into adversity , and the order of policy , and the Lawes of God and man confounded , whereby it is likely this Realm to fall into great misery , and desolation , ( which God defend ) without due provision of convenable remedie be had in this behalf in all godly haste . Over this , among other things more special , we consider how that the time of the reign of Edw : 4th . late deceased , after the ungracious pretended mariage ( as all England hath cause to say ) made betwixt the said King Edward and Elizabeth , sometimes Wife to Sir Iohn Gray Knight , late naming her self , and many years heretofore Queen of England , the order of politique rule was perverted , the Laws of God , and of Gods Church , &c. also the Laws of Nature , and of England , and also the laudable customs and liberties of the same , wherein every Englishman is inheritor , is broken , subverted , and contemned , against all Reason and Justice : so that the Land was ruled by self-will , and pleasure , fear and dread , all manner of Equity and Law laid apart and despised , whereof ensued many inconveniencies and mischiefs , as Murders , Extortions , and Oppressions , namely of poor , and impotent people , so that no man was sure of his life , land , or livelyhood , ne of his wife , daughter , or servant , every good maiden , and woman , standing in fear to be ravished , and deflowred . And besides this , what discorts , inward battels , effusion of Christian mens blouds , and namely , by the destrnction of the Nobles blood of this land was had , and committed within the same , it is evident , and notorious through all this Realm , unto the great sorrow , and heavinesse of all true English men . And here also we consider , how that the said pretended Mariage betwixt the above-named King Edward , and Elizabeth Gray , was made of great presumption , without the knowing and assent of the Lords of this land , and also by Sorcery and Witchcraft committed by the said Elizabeth , and her Mother Iaquet Dutchesse of Bedford , as the common opinion of the people , and the publique voice , and fame is throughout all this land , and hereafter if the cause shall require , shall be proved sufficiently in time and place convenient . And here also we consider , how that the said pretended Mariage was made privily , and secretly , without edition of banes , in a private Chamber , a prophane place , and not openly in the face of the Church , after the Law of Gods Church , but contrary thereunto , and the laudable custom of the Church of England ; and how also at the time of contract of the same pretended Mariage , and before and long time after the said King Edward was and stood maried , and troth-plight to one Dame Elinor Butler , daughter to the Earl of Shrewsbury , with whom the said King Edward had made a Precontract of Matrimony , long time before he made the said pretended Mariage with the said Elizabeth Gray , in manner , and form aforesaid . Which premisses being true , as in very truth they be true , it appeareth , and followeth evidently , that the said King Edward during his life , and the said Elizabeth , lived together sinfully , and damnably in adultery , against the Law of God and of his Church ; and therefore no marvel that the Soveraign Lord , and head of the land being of such ungodly disposition , and provoking the ire , and indignation of our Lord God , such heynous mischief , and Inconveniences as are above remembred were used , and committed in the Realm amongst the Subjects . Also it appeareth evidently , and followeth , that all the issue , and children of the said King Edward be Bastards , and unable to inherit , or claim any thing by inheritance by the Law , and custom of England . Moreover , we consider how that afterwards by the three Estates of this Realm assembled in Parliament , holden at Westminster , Anno 17. of the reign of the said King Edward the 4th , he then being in possession of the Crown , and royal Estate , by Act made in the same Parliament , George Duke of Clarence , brother to the King Edward now deceased , was convicted , and attainted of High Treason , as in the said Act is contained more at large ; because , and by reason whereof , all the issue of the said George was , and is disabled , and barred of all right and claim that in any case they might have , or challenge by inheritance , to the Crown and Dignity royal of this Realm , by the antient Laws and Customs of this same Realm . Over this , we consider , that you be the undoubted heir of Richard Duke of York , very inheritor of the said Crown , and dignity royal , and as in right King of England by way of Inheritance ; And that at this time the premises duly considered , there is none other person living but you only , that may claim the said Crown and Dignity royal , by way of Inheritance , and how that you be born within this Land , by reason whereof , as we deem in our minds , you be more naturally inclined to the prosperity and common weal of the same , And all the three Estates of the Land have , and may have more certain knowledge of your birth , and filiation aforesaid . We consider also the great wit , prudence , Justice , Princely courage , and the memorable and laudable acts in divers battels , which as we by experience know you heretofore have done , for the defence , & salvation of this Realm , and also the great noblenesse and excellency of your birth , and bloud , as of him that is descended of the three most royal houses of Christendom , that is to say , England , France , and Spain , Wherefore these premises duly by us considered , we desiring effectually the peace , tranquillity , and weal publique of this Land , and the reduction of the same to the antient honourable estate , and prosperity ; And having in your great prudent Justice , Princely courage , and excellent vertue , singular confidence ; * have chosen in all that in us is , and by that our Writing choose you high and mighty Prince our King , and Soveraign Lord , &c. to whom we know of * certain it appertaineth of Inheritance so to be chosen . And hereupon we humbly desire , pray , and require your most Noble grace , that according this election of us the three estates of your Land , as by inheritance ; you will accept , and take upon you the said Crown and royal dignity , with all things thereunto annexed , and appertaining , as to you of right belonging , as well by inheritance as by lawfull election ; and in case you so do , we promise to assist and serve your Highnesse , as true , and faithfull Subjects and Liegemen , and to live and dye with you in this matter , and in every other just quarrel ; for certainly we be determined rather to adventure , and commit us to the peril of our lives , and jeopardy of death , than to live in such thraldom and bondage as we have done long time heretofore , oppressed and injured by Extortions , and new Impositions , against the Law of God , and Man , and the liberties , and old policy , and Laws of this Land , wherein every Englishman is Inherited . Our Lord God , King of all Kings , by whose infinite goodnesse , and eternal providence , all things bin principally governed in this world , lighten your Soul , and grant you grace to doe as well in this matter as in all other , that which may be according to his will and pleasure , and to the common and publique weal of this Land : So that after great clouds , troubles , storms , and tempests , the Sun of Iustice and of Grace may shine upon us , to the joy and comfort of all true-hearted Englishmen . Albeit that the right , title , and estate which our Soveraign Lord King Richard the Third hath to , and in the Crown and Royal dignity of this Realm of England , with all things thereunto within the same Realm , and without it annexed and appertaining , bin just and lawfull , as grounded upon the Laws of God & Nature , and also upon the antient Laws and laudable Customes of this said Realm ; And also taken , and reputed by all such persons , as bin * learned in the abovesaid Laws and Custom ; Yet neverthelesse , for as much as it is considered , that the most part of the people is not sufficiently learned in the abovesaid Laws and Customs , wherby the truth & right in this behalf of likelihood may be hid , and not clearly known to all the people , and thereupon put in doubt , and question . And over this , how that the * Court of Parliament is of such authority , and the people of this Land of such a nature and disposition as experience teacheth , that manifestation and declaration of any truth or right , made by the three Estates of this Realm assembled in Parliament , and by authority of the same , maketh before all other things , most faith , and certain * quieting of mens minds , and removeth the occasion of doubts , and seditious language . Therefore , at the request , and by the assent of the * Three Estates of this Realm , that is to say , the Lords Spiritual and Temporal , and Commons of this Land assembled in this present Parliament , and by authority of the same , be it pronounced , decreed , and declared , that our said Soveraign Lord the King was , and is the very undoubted King of this Realm of England , with all things thereunto within the same Realm , and without it , united , annexed , and appertaining , as well by right of consanguinity and inheritance , as by lawfull election , consecration and Coronation . And over this , that at the request , and by the assent and authority abovesaid , be it ordained , enacted , and established , * that the said Crown , and royal dignity of this Realm , and the Inheritance of the same , and all other things thereunto within this Realm , or without it , united and annexed , and now appertaining , rest and bide in the person of our said Soveraign Lord the King , during his life , and after his decease in his heirs of his body begotten , and in especial at the request , and by assent , and the authority aforesaid , be it ordained , enacted , established , pronounced , decreed and declared , that the high and excellent Prince * Edward , Sonne of our said Soveraign Lord the King , be heir apparent of the same our Soveraign Lord the King , to succeed to him in the abovesaid Crown and royal dignity , with all things ( as is aforesaid ) thereunto united , annexed , and appertaining , to have them after the decease of our said Soveraign Lord the King , to him , and to the heirs of his body lawfully begotten . Quae quidem B●lla Communibus Regni Angliae in dicto Parliamento existentibus transportata fuit , cui quidem Billae idem Communes assensum suum praebuerunt sub hiis verbis : A ceste Bille les Communs sont assentes ; quibus quidem Billa & assensu coram Domino Rege in Parliamento pradicto , lectis , auditis , & plenè intellectis , & de assensu Dominorum Spiritualium & Temporalium in dicto Parliamento similiter existentium , et Communitatis praedictae ; nec non authoritate ejusdem Parliamenti pronunciatum , decretum , & declaratum existit , omnia , et singula in Billa praedicta contenta fore vera et indubia , ac idem * Dominas Rex , de assensu dictorum trium Statuum Regni , et authoritate praedicta , omnia & singula praemissa in billa praedicta contenta concedit , et ea pro vero et indubio pronunciat , decernit , et declarat . Eccles. 1. 9 , 10 , 11 The thing which hath been , it is that which shall be : and that which is done , is that which shall be done ; and there is no new thing under the Sun . Is there any thing whereof it may be said , this is new ? it hath been already of old time , which was before us . There is no remembrance of former things , neither shall there be any remembrance of things that are to come , with those that shall come after . Yet it is both solid Piety , Policy , Prudence , in such an age as this , for all considerate , conscientious Englishmen , advisedly to remember , read , consider the Tragical ends , * as well as the successfull Beginnings , Proceedings of this King Richard , and his activest Instruments , to gain and settle the Kingship on him by such Politick Stratagems . FINIS . Notes, typically marginal, from the original text Notes for div A91202e-240 Things done & concluded without the 3. estates in Parliament , gave little or no satisfaction to the People , though in the name of the Parliament & 3. Estates . * The 3. Estates must concurr to make a Parl. else his Title would neither be valid , nor satisfactory , but ambiguous , as before : No one or two of them being a full Parl. but all 3. conjoyned . The new device of this Bloudy Usurper , to intitle himself to the Crown of England , and take upon him the Regal Government . Good Counsellors . Administration of Justice . Merchandise , and Trade . Merchants . Artificers . Gains . Adulation , Avarice . III Counsel . Laws Confounded . Edward the 4 his Mariage blemished . Laws perverted . Liberties , and Laws every Engl●sh mans Inheritance . Arbitrary Go-Force . It s mischievous Fruits . Murders . Extortions . Oppressions . Incettainty of Mens lives & Estates . Discords . Warrs . Nobles bloud destroyed . Kings Mariage without the Lords assent , & by sorcery & witchcraf● . Void Mariage . Private Mari●●e in a Chamber . Precontract . Edward the 4. his ungodly disposition . His Children illegitimate , & Bastards . The Duke of Clarence attainted by Parliament . His issue therby not inheritable and uncapableto claim the Crown . Richard the 3. declared undoubted & only heir to the Crown . An Englishman by birth . His pretended vertues & fitness to reign as King , without one word of his Murders , Treasons , Regicides , Hypocrisy & other Vices . His valour in battel . His honourable and royal birth . * His election by the 3. states & this Instrument to be K. of England . * They make his hereditary Title , the ground of their Choice . Their Petition and importunity to him , to accept of the Crown , though himself most eagerly thirsted after i● . His hereditary right thereto , seconded by their election . Their promise to assist , serve , & obey him , upon his acceptance thereof , as his Subjects , and to live and dye with him . Their pretended great Thraldom , Bondage , Oppressions , &c. under his Predecessors . Extortions . New Impositions against Laws and Liberties . Nota. Their prayer for him . Great Trouble ( occasioned partly by himself . ) Justice . Richard the 3. His hereditary Title to the Crown by the Law of God and Nature . * The Lawyers flatter , and approve his Title . The Common people ignorant in the Laws . * The Parl authority with the people , when true , free , and real , consisting of the 3. Estates . * Its Declaration quieteth all mens minds , removeth all doubts & seditions . yet he that considers 39 H. 6. n. 8. to 33 1 E. 4. n. 8. to 40. will scarce believe this for a truth , neither proved it so in his own case . * The 3. Estates must all concurr to make a Parliament , and valid Election . They decree and declare him undoubted King of this Realm , by inheritance and their lawful election coupled together . The Crown setled & entailed on him , and the heirs of his body . * His Son declared heir apparent . * Here he creats & ratifies his own Title . * Psal. 73. 17 , 18 , 19. Ps. 92. 6 , 7. 
B04792	----	The speech of the right honourable Henry Powle, esquire, Speaker of the House of Commons: delivered to the King and Queen's Majesties, at the banqueting-house in White-Hall, Friday, April 12, 1689. With his Majesty's answer thereto. Powle, Henry, 1630-1692. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B04792 Wing P3113B ESTC R212864 52614846 ocm 52614846 176014 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04792) Transcribed from: (Early English Books Online ; image set 176014) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2759:18) The speech of the right honourable Henry Powle, esquire, Speaker of the House of Commons: delivered to the King and Queen's Majesties, at the banqueting-house in White-Hall, Friday, April 12, 1689. With his Majesty's answer thereto. Powle, Henry, 1630-1692. 4 p. s.n., [Edinburgh? : 1689] Place and date of publication suggested by Wing (2nd ed.). A variant of this edition is at Wing 1937:19 indentified as P3113A on reel and P3113B on record; printed on single sheet. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Broadsides -- England -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE SPEECH Of the Right Honourable Henry Powle , Esquire , SPEAKER OF THE House of Commons : Delivered to the KING and QUEEN'S Majesties , at the Banqueting-House in White-Hall , Friday April 12. 1689. WITH His MAJESTYS Answer thereto . YOur most Loyal and Dutiful Subjects , the Commons of England Assembled in this present Parliament , having to their unspeakable Joy seen Your Majesties plac'd upon the Imperial Throne of this Kingdom , they have desired Access at this time to Your Royal Presence , humbly to Congratulate Your Majesties upon this Occasion , and to wish Your Majesties a long and prosperous Reign , with all the Blessings that ever did attend a Crown . We are all Sensible , that Your Majesties Greatness is the Security of Your Subjects . It is from Your Power , that we derive to our selves an Aslurance of being Defended from our Enemies ; And from Your Justice , that we expect a full enjoyment of our Laws and Liberties : But that which compleats our Happiness , is the Experience we have of Your Majesties continual Care to maintain the Protestant Religion ; So that we can no longer apprehend any danger of being deprived of that inestimable Blessing , either by secret Practices , or open Violence . To the KING . May the same Divine Providence which hath hitherto preserved Your Majestie in the greatest Dangers , and so often given You Victory over Your Enemies , still Crown Your Vndertakings with Success . To the QUEEN . And may these Vnparallelled Vertues , which Adorn Your Majesties Royal Person be the Admiration of the Present Age , and an Example to the Future . And may the Lustre of both Your Names so far out-shine the Glory of Your Predecessors , that the Memory of their greatest Actions may be forgotten , and Your People no longer Date the Establishment of their Laws and Liberties from St. Edward's Days , but from the most Auspicious Reign of King WILLIAM and Queen MARY . His Majesty's Answer . Gentlemen , We return you Our hearty Thanks for the Kindness and Respects that you have upon all Occasions shewed to both of Us ; We shall take care to the best of Our Power of all things that conduce to the good of the Kingdom ; and I do not doubt , but by Gods Assistance and yours , We shall be able in a short time to make you a Flourishing People . FINIS . 
B06121	----	To the king's most excellent majesty. The humble address of the magistrates and council of your city of Glasgow in Scotland, and in the name of the inhabitants. Glasgow (Scotland). City Council. 1685 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06121 Wing T1510A ESTC R225808 52615010 ocm 52615010 176238 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06121) Transcribed from: (Early English Books Online ; image set 176238) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2765:20) To the king's most excellent majesty. The humble address of the magistrates and council of your city of Glasgow in Scotland, and in the name of the inhabitants. Glasgow (Scotland). City Council. England and Wales. Sovereign (1685-1688 : James II) 1 sheet ([2] p.) re-printed by the heir of Andrew Anderson ..., [Edinburgh, 1685] Caption title. Imprint from Wing (2nd ed.). Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Great Britain -- History -- James II, 1685-1688 -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion To the Kings most Excellent Majesty . The humble Address of the Magistrates and Council of Your City of Glasgow in Scotland , for themselves , and in name of the Inhabitants . AS we Your Majesties most Dutiful and Loyal Subjects , could not but in a very special manner , have a deep sense of , and be much afflicted for the inexpressible loss of our late Gracious Monarch , by whose Care and Protection , we were so well Defended from the Dangers that did constantly Threaten us from Disorderly Neighbours , for which loss , each of Your Majesties Subjects is truly grieved ; so this grateful and decent Sorrow does not at all hinder us from blessing Almighty God , and having our Hearts filled with sincere Joy , for Your Sacred Majesties Succession to the Throne of your Royal Ancestors , by by whom we and our Predecessors have been so long Protected , and from whose extraordinary Experience , as well as Wisdom and Courage ; We have just reason to expect that this Kingdom will be again reduced to Quiet and Happiness ; And the Trade by which this Place is only Supported , will be secured , and encouraged by that extraordinary Skill which Your Sacred Majesty has in Affairs of that Nature ; In return of all which , we shall endeavour with Hearts far more Loyal than any Professions we can make , not only to concur our selves in our own Stations , in Your Majesties Service but be very Exemplary to others , in spight of all Dangers and Oppositions ; though we have very good reason to hope that none of those will threaten Your Majesties peaceable Reign , which that i● may be as happy as Your Majesties great Virtues deserve , and as our sincere Loyalty should inspire us to wish , shall be the constant and ardent Prayers of May it please Your Sacred Majesty , Your Majesties most humble , most Faithful , and most , Dutiful Subjects . 
A44656	----	The life and reign of King Richard the Second by a person of quality. Howard, Robert, Sir, 1626-1698. 1681 Approx. 428 KB of XML-encoded text transcribed from 125 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A44656 Wing H3001 ESTC R6502 13506019 ocm 13506019 99794 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44656) Transcribed from: (Early English Books Online ; image set 99794) Images scanned from microfilm: (Early English books, 1641-1700 ; 791:5) The life and reign of King Richard the Second by a person of quality. Howard, Robert, Sir, 1626-1698. [8], 240 p. Printed for M.L. and L.C. and sold by Langly Curtis ..., London : 1681. Attributed to Robert Howard. Cf. Wing. Reproduction of original in Duke University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Richard -- II, -- King of England, 1367-1400. Great Britain -- History -- Richard II, 1377-1399. Great Britain -- Kings and rulers -- Biography. 2005-03 TCP Assigned for keying and markup 2005-04 Aptara Keyed and coded from ProQuest page images 2005-05 Judith Siefring Sampled and proofread 2005-05 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE Life and Reign OF KING RICHARD THE SECOND . By a Person of Quality . LONDON : Printed for M. L. and L. C. and Sold by Langly Curtis on Ludgate-hill . 1681. TO THE READERS . Gentlemen , YOU are here presented with the Life and Reign of a Prince whose Misfortunes render his Story perhaps as Remarkable as any in our English Annals . Concerning which I shall only assure you , that the Compiler ( for he as little affects , as deserves the Title of an Author ) has made it his Business truly to set down naked Matters of Fact as he finds them Related by the best Authors , without obtruding his own Fancies or Dreams under the Notion of History . Which that it may more evidently appear , he thinks fit to give you an Account of Two of the Authors whom he hath principally followed ; Because One of them living in that very time , and the other either then , or not long after , they may rationally be supposed to have the most certain knowledge of those Transactions . The first is Henricus Knighton , whose Work De Eventibus Angliae , in Latin , is Printed amongst divers other ancient Histories in that large and accurate Collection , Intituled , Historiae Anglicanae Scriptores Decem : First brought into Publick Light from Authentick Manuscripts , by those two learned Antiquaries , Sir Roger Twysden Knight and Baronet , and the Famous John Selden Esquire , ( who both prefixt their Epistles thereunto . ) Nor was that Miraculous Treasury of all solid Learning , the most Reverend Usher Primate of Armaugh , wanting in Advising and Promoting that Edition . The Great Selden in his Preface , Fol. 46. tells us , That this Knighton was a Canon of the Abbey of Leicester , and that he flourisht in the time of this King Richard the Second , the most part of whose Reign he wrote , deducing his History from William the Conquerour , until within Four years before the Deposition of the said King Richard , viz. To the year 1395. At which time we may suppose that Author was himself snatcht away by Death , or disabled by some Disease , for else he would not so abruptly have discontinued his Book . Which Conjecture is confirmed by what Sir Roger Twysden in his Epistle tells us , That in the Manuscript in the Renowned Cotton's Library , ( which he conceives to be the very Autographon , or Original Hand-writing of the Author , and from which the same was exactly Printed ) there is in the first Page an Inscription , Intituled , Lamentum Compilatoris , The Compilers Complaint , beginning thus ; Sum Caecus factus subitâ Caligine tactus . Blind I am grown , with sudden darkness struck . And thus concluding : Me Deus allisit , cum vult sanare , valebit . In Domino semper stat quod relevabitur Aeger . Smitten I am by God , who when he please Can help me , and alone cure each Disease . — And so much for Knighton . The other is Thomas Walsingham , a Benedictine Monk belonging to the Abbey of S. Albans ; who for ought appears might likewise live in King Richard's days , for he is said to have flourisht , that is , to be grown famous by his Labours , about the year 1440. And Leland gives this Character of him , In Historiis Colligendis studiosus atque diligens , ●hat he was a Person very studious and diligent in Collecting or Compiling of Histories . His History ( herein made use of ) begins , An. Dom. 1273 , and ends Anno 1432. To these cheifly is the present work Indebted , and in most material passages , they are Cited , and their very words strictly Translated , yet still not omitting to consult other the most credible Historians that have wrote of those times . And as for the Process touching the Deposition of King Richard , the Articles against him , &c. The same are punctually Translated from the words of the Record , as the same ( Examined and attested ) are Printed in the said Volum called , Hist. Anglicanae Scriptores decem , from Col. 2743. to Col. 2762. Some of the Principal Contents . KIng Richard so entertain'd by the City at his coming to the Crown , that he was call'd the Londoners King. Pag. 3 Alice Price , her Insolence and Banishment . 5 A Parliament tell the King his Demeasns were sufficient to maintain his Court and carry on his Wars . 5 Philpots brave Exploits at Sea. 6 A rare Example of Fidelity in a Spaniard . 8 An odd Scotch Charm against the Plague . 12 A very severe Poll-Bill granted . 14 The Relation of Wat Tylers Rebellion , which thereupon ensued . 15 The Kings Charter of Freedom to the Bondmen and Pardon . 18 His Revocation thereof . 27 Scroop Lord Chancellor , turn'd out for refusing to Seal an unlawful Grant. 32 Articles against Wicliff , and a brief account of his Life . 34 The Vniversity of Oxfords Testimonial of his Piety and Learning . 44 We do not find Christ ever Converted a Priest. 47 The first pretended Act against the true Professors of Religion . — Complain'd of as Surreptitious , and Repeal'd . 47 Notable Railing Letters between the Cardinals . 51 The Bishop of Norwich's Croisado against Schismaticks , the Indulgences and Cheats thereof , and his ill success at last . 59. Sharp Messages between King Richard and his Parliament . A Copy of the Impeachment of Michael Pole. 81 Fourteen Lords appointed by Parliament to inspect past management of affairs and redress grievances . 87 The King Commands Sheriffs to return such as he should Name to serve in Parliament , the Sheriffs Answer , The People would hold their Antient Customs of free choice . 97 Questions to the Judges , and their Answers . 99 The shrewd Repartee of Sir Huge de Lyn a Natural , to King Richard. 105 The Lords in Arms treat with the King , are promised redress in Parliament . 107 The Duke of Ireland routed . 110 The Answer of the Governour of Calice , when Commanded by the King to deliver it up to the French to whom he had sold it . 111 The Articles against the Duke of Ireland , the Lord Chief Justice , &c. 115 The Lord Chief Justice Tresilian Hang'd at Tyburn , the other Judges Banisht . 135 The King not to Pardon Murder . 141 The Kings severities to the Londoners . 146 An interview between K. R. and the French K. 154 The Duke of Gloucester surpriz'd and basely Murder'd . 159 The Earl of Arundel beheaded 161 All Bay-trees wither , and the Current of a River dry'd up . 166 A Combate appointed between the Duke of Hereford and Norfolk , and they both Banisht . 167 The Duke of Lancaster Lands in England . 182 King Richard surrenders his Person . 190 The Record of his Resignation and Deposition 192 The Articles against him . 201 Touching the manner of his Death . 239 THE Life and Reign OF KING RICHARD The Second . KIng Richard the Second was born at Burdeaux in France , in the Year 1366. His Father was that Renowned Hero Edward , commonly called The Black Prince , eldest Son of the Great and Victorious King , Edward the Third , His Mother Joan Daughter of the Earl of Kent , for her exquisite Beauty , styled , The fair Maid of Kent . And if he were so unhappy , as not altogether to Inherit his Grandfathers Prudence , and his Fathers Spirit and Conduct , yet it cannot be denied but he retained something of his Mothers Handsomness , being celebrated for the goodliest Personage , and most amiable Countenance of any King that had been before him since the Conquest . His Father , after he had filled both France and Spain with terrible Trophies of his Valour , ( having taken the King of the former Prisoner , and in the latter generously by his Arms restored Peter King of Castile and Leon , when injuriously driven out of those Realms by the Arragonians and French ) was in the Forty sixth year of his Age , snatcht away by death ( some say hastened by Poyson ) during the Life of his Father King Edward ; who having then three other Sons still surviving , viz. John of Gaunt Duke of Lancaster ; Edmund of Langley afterwards Earl of Cambridge , and Duke of York ; and Thomas of Woodstock , afterwards Duke of Gloucester : For preventing any Quarrels after his own decease , and all Pretensions which any of them might make to the Crown , to the prejudice of his Grandchild , ( this our Prince Richard , to whom as Son of the eldest Brother it was adjudged to belong : ) He resolves to see his Right declared and settled in Parliament ; Creating likewise the said Richard first Earl of Chester and Cornwall , and then Prince of Wales ; and taking an Oath of all the Lords of the Realm to accept him for their King as his lawful Heir , when ever himself should expire . Being thus put into the immediate Prospect of a Crown , the over-burdensom Glory came too fast ▪ upon his tender head , for King Edward having over-liv'd his Fortune , and the better part of himself , his Conquests abroad being daily ravisht back , and Alice Price his Concubine shamefully ruling both Him and most Affairs at home , oppressed with Grief and Age , ( though some say much more debilitated by the Caresses of that petulant Strumpet ) resign'd his last Breath at Richmond , the One and twentieth of June , Anno Dom. 1377 , in the Sixty fourth Year of his Age , having Reigned Fifty Years , four Months , and odd Days . Upon the first notice of his Death , the City of London sent Deputies to Prince Richard , ( who with the Princess his Mother lay then at Kingstone ) to acknowledge him their lawfull Sovereign , and request that he would please to honour them with his Presence and nearer Residence : Which Message was kindly received , and the young King soon after came to his Palace at Westminster , and on the Sixteenth day of July was solemnly Crowned ; the Citizens sparing no Cost to express their Loyalty and zealous Affection to his Person , both in his Passage through the Town , and at his Coronation ; As by several Triumphant Arches , Conduits running with Wine , and all other Demonstrations of a transporting Joy ; Insomuch that by some of the Nobility he was Ironically caled The Londoner's King. His tender Age ( being at his Grandfathers Death but eleven years old ) required some Protector , or chief Managers of Publick Affairs , but to whom to commit so weighty a Trust , is the Difficulty : If to One , Ambition joyned with Power , may tempt to Vsurpation ; Nor wanted they a Precedent at home , whilst they remembred how King John justled out his Nephew Prince Arthur . If to several , then it might be feared , that different private Interests , Factions , and By-ends , ( from which scarce any of the Grandees were free ) might intangle or retard their Proceedings , so as to obstruct their acting unanimously and chearfully for the Publick Weal : At last hoping to please all Pretenders , and considering that from a multitude of Councellors most safety might be expected ; They intrusted first the Kings Three Vncles ; but Lancaster , whether discontented to have any Partners , or that he cared not much to intermeddle , because he had contracted both the Enmity of the Clergy , and the dissatisfaction of the Londoners : Or whether having a pretence to the Crown of Castile , by the Marriage of Constance Daughter of the before-mentioned King Peter , that he might better pursue his Claim thereunto , warily withdrawing himself from that Charge ; several other Lords both Spiritual and Temporal were added , till at last being found too many , the same was Conferr'd wholly upon the Earl of Warwick , who discharged the Office with good satisfaction . The Scotch and French promising themselves Advantages from the Kings Minority , began to make Attempts upon his Territories , almost before he was in possession of the Crown . The first surprized the Castle of Berwick , the second the Isle of Wight , and burnt and pillag'd several Towns and Villages on the Coasts , but were both quickly repuls'd and beaten out again . About two Months after the Coronation , a Parliament is called , which sate from Michaelmas to S. Andrew's Day , and Banished Alice Price , King Edward's Mistress ; for that whereas formerly being complained of as a Grievance in Parliament , she had sworn never to come again into the Kings Court or Presence , ( which the King had likewise confirmed with his Oath ) yet after the death of the Black Prince , she had returned and misgovern'd the King , presuming to fit in judicial Courts , and by her Presence and Influence to wrest Justice , and in his sickness flattered him with hopes of Life , so that he neglected making Provision for his Soul , till he was quite speechless , whilst she in the mean time purloyned away the choicest things in the Palace , and stole even the very Rings off his Fingers , and then ( like a Right Harlot ) left him gasping for Life , and unable to speak one word , in the Company only of one poor Priest. My Author says , when she came now to be questioned , she had with Money corrupted many of the Lords , and all the Lawyers of England , who did not only secretly but publickly plead and use all their Interest in her behalf ; yet she was so vigorously prosecuted by the Knights in Parliament , that being by her own Mouth Convicted , she was Banisht the Land , and all her Estate moveable and immoveable , forfeited to the Exchequer ; from whence by the late Kings Favour , or rather Dotage , it had unduly been obtain'd . There was also by this Parliament given to the King Two Tenths of the Clergy , and Two Fifteenths of the Temporalty , to be paid the same year ; but on this Condition , viz. That the King for the future should not burden them with more Requests of that kind , to draw away his Subjects Money , but would live on his Demeasns , and continue his War ; for that ( as it was there answer'd ) His proper Royal Revenues were sufficient both to maintain his Court , and carry on his Wars , if the same were but manag'd by fit and trusty Ministers : And therefore it was agreed , that this Money so given , should as it was raised , be deposited in the hands of two Citizens of London , William Waller , and John Philpot , who were to see it bestow'd for the Defence of the Realm . [ 1378. ] This John Philpot was an Alderman of London , a Person of no less Courage than Prudence , as appears by the following Exploit : Sometime after the Parliament broke up , and the Money collected ; the Duke of Lancaster ( to whom nothing almost could be denied ) was very Importunate to have the same delivered to his Dispose , promising therewith to free the Nation from all Invasions and Pyracies , wherewith it was lamentably infested , and to perform other very advantageous Services for the Publick : Whereupon he obtained an Order for the same , notwithstanding the Proviso in the Act , so impossible it is de facto to bind up the Hands of Power : But though some Naval Preparations were made , yet little was effected to repel or prevent those Injuries and Depredations , which the Nation suffered by Sea from the French on the one side , and the Scottish Pickaroons on the other ; so that by the common neglect of securing the Coasts , and scowring the Seas , our Merchants durst not Traffick abroad for fear of Pyrates , who hovered in every Corner , but especially of one Mercer , a bold and potent Scottish Rover , who having drawn together a considerable Fleet of French , Scots and Spaniards , daily committed insufferable Outrages , spoiling all they met : Hereupon the said Alderman Philpot first complained of these Grievances to the Kings Council , humbly Remonstrating the Damages sustained , and imploring Redress ; But receiving from them only fair Promises , and no Relief , full of grief and disdain , to see his Country-men thus devoured by those insolent Water-vermin ; He at length Provided , Victualled , and Man'd forth at his own proper Costs and Charges , a competent Fleet of tall Ships , himself in person , putting forth with them to Sea , where he soon encountred the Pyrates , took the said Mercer , destroyed his Ships , and recovered most of the Prizes formerly taken , with Fifteen Spanish Bottoms well fraught with Riches , besides many French and Scottish Ships , and so return'd with Triumph and the general Acclamations of the People : But Envy is always the Attendant of extraordinary Vertue , instead of Thanks or Reward , several of the Nobles from whom he seemed to have snatcht by this his fortunate Attempt , the Glory of that Service , which their Country justly , though in vain expected from them , passed harsh Censures on his forwardness ; and particularly the Earl of Stafford called him in question at the Council-Table , for presuming ( being but a private man ) for to levy Arms , and equip a Fleet without Authority : But Philpot with a prudent Gallantry , composed of an undaunted Innocency , and an humble Merit , gave such a justifiable Account of the Act , as satisfied the Board , or at least silenc'd his Accusers : For thus in particular to that Lord , he is said to have answered , I would have your Honour undoubtedly know , that I did not adventure my Money , my Person , and my Men to the dangers of the Sea , and hazards of War , with any design to Rob your Lordship , and your Collegues , of the Glory of Chivalry , or Fame of Military Atchievements and gain it to my self . But condoling the losses of my fellow Citizens , and misery of my Country which by your sloth from a most noble Kingdom , giving Laws to all her Neighbours , is sunk into so deplored a state as to ly open to the Insolencies and Pillagings of the vilest of Nations and men , whilst yet not one of you lent a hand her defence , I freely exposed my self and mine for her deliverance , and the publick safety , to which the Earl had nothing to reply . About the same time , viz. in the Second Year of the King , there happened a Fray which ( not so much for the importance of the Quarrel , as a rare Example of Fidelity and honesty attending it ) I cannot but Relate ; Though even the thing it self in those ignorantly zealous times , wanted not its ill Influence on the Publick , and the Monkish Historians cry out about it as Tragically , as if Heaven and Earth were ingag'd , all Christianity at Stake , and the Pillars of Religion in danger . The business thus ; Two valiant Squires , Robert Haule , and John Schakel , in the late Wars in Spain under Prince Edward , chanc'd to take the Count de Dena , a Spanish Don of great Quality and Estate , who was fairly by the Law of Arms adjudg'd their Prisoner , and brought into England , where he left his Eldest Son with them as a Pledge , whilst he went home to raise his ransome , the Son swearing to continue with them till it came ; but the Father being got into Spain , never regarded to send the Money , but in little time dies , whereby the Honour and Estate devolves to the Young Hostage ; which being understood by King Edward , ( for in his days happened this first part of the Story ) both he and Prince Edward's Son , were very importunate with these two Gentlemen , to release the Spanish Cavaleir , which they desired either in favour to the Duke of Lancaster , who thought by the help of this Nobleman to faciliate his pretentions to the Crown of Castile , or else with an intent to Match him to Mathilda Relict of the Lord Courtney , the Kings Sister ; but no matter what their Design was , the Squires were so far from parting with him , that they would not discover where he was , and so were sent to the Tower , whence making their escape they took Sanctuary in Westminster Abbey , and there continued , till now the Duke of Lancaster resolved to ferret them out , to which purpose Fifty men at Arms were sent thither , who entring the Sanctuary , put a trick upon John Schakel , and soon got him out and hurried him to the Tower ; but as for Haule , he was more strongly Ensconc'd in the Church amongst the Monks , and at Mass , however thither they went , and after a little expostulation why he would so refractorily disobey the Kings Command , when even Majesty had condescended to a request ? they tell him , he must go with them , which he peremtorily refuses , and draws a short Sword and makes at them ; whereupon they resolve to force him away , who still making resistance , was at last knockt on the Head amongst them which our Author calls Crown'd with Martyrdom : the Monks would fain have rescued him , but drust not , because they saw the Souldiers too strong for them , however the Archbishop of Canterbury presently thundred out an Excommunication against these Violaters of the Sanctuary and all their abettors , the King and his Mother , and his Uncle Lancaster only excepted ; And the Bishop of London did the like for several days together , but about a Year after by the mediation of divers grave and venerable Persons , the matter was composed on these terms ; that the said Schakel , who was so sent to the Tower , should discover and deliver up the said Count de Dena , aud so be set at liberty , upon consideration , that the King should settle upon him Lands , to the value of an Hundred Marks per annum , and pay him down Five hundred Marks ready Money , in lieu of the expected Ransom , and also that his Majesty for satisfaction to the Church , should at his proper Charges erect a Chauntry of Five Priests for ever , to pray for the Soul of him whom his Officers had so slain , though one would have thought dying , in their Opinion , a Martyr , he might have had no great need of such everlasting Orisons . But still the more surprizing Intrigue of the Tragedy is behind , when Schakel came to produce his Captive , he shew'd them his man that waited on him ; for the brave Spaniard had that regard to his Word which he had passed , that he scorn'd to discover himself without his leave , but on the contrary had all along both in the Sanctuary , and in the Tower , faithfully and submissively serv'd him in disguise , neglecting both his Quality and Interest , when they stood in competition with his Honour ; a piece of Gallantry and generous Honesty , scarce to be parallel'd in Story . About the Feast of S. Luke , a Parliament was held at Glocester , with an intent as was thought to have alipp'd the Wings of the Towering Church-men , but finding their Interest too strong , nothing of that kind was offered , but for the Kings further supply , it was granted , that he should have of the Merchants for every Sack of Wool Exported , a Mark , and for every Twenty shillings of Wares or Merchandizes whatsoever Imported from beyound the Seas , Six pence , to be paid by the Buyer . [ 1379. ] The next year another Parliament was called at London , where the Priviledges of the Sanctuary at Westminster were regulated ; for whereas before great numbers of Persons when they were got in Debt , would shelter themselves , and waste in Revelling and Debauchery their Revenues , which could not be touched for their just Debts , to the grievous prejudice of their Creditors ; it was now Ordained , That if upon Proclamation made , they should not surrender themselves , them their Goods should be sold and their Lands extended , where-ever found , till their Debts satisfied . There was also a new Tax granted , but because the Commons were already much impoverisht , it was laid only on the Nobility , Gentry , and Clergy , by way of Poll ; Viz. Dukes and Archbishops , Ten Marks apiece ; every Earl , Bishop , and Mitred Abbot , Six Marks , besides each Abbot to pay Forty Pence per Head for all his Monks ; and so Justices , Sheriffs , Knights , Esquires , Rectors , Vicars , and even down to simple Chaplains , every one his Allotment . This Summer there was a most dreadful Pestilence in England , especially in the Northern parts , insomuch that whole Families were swept away . Nay Towns and Villages left without Inhabitants : During the Heat of which Calamity , the Scots took their Advantage to enter the Land , and committed great Spoils in small Parties , but durst not stay for fear of the Infection , and yet ( as our Author relates ) they had got a wonderful Preservative against it : for asking some English , the reason of so great a Mortality amongst them , and being told it came by the Grace of God , they therefore every Morning with great solemnity used this Charm , or ( if any body will call it so ) Prayer — God and Saint Mango , Saint Roman , and Saint Andrew , shield us this day from God's Grace , and the foul Death that English men die upon . [ 1380. ] The next Year in Jan. the Parliament was again Assembled at London , and continued till March , wherein to avoid unnecessary Charge it was agreed , that the Tutelage of the King , should be committed but to one , and by unanimous consent , Thomas Beuchamp , Earl of Warwick , was pitch'd upon for the Man , an Honourable allowance being assign'd to him out of the Royal Exchequer for his pains and care therein to be taken ; but the Young King though a Minor as to the Publick Affairs , thought himself of Age sufficient at least to conduct himself in his private and personal concerns ; for though for want of ripening experience ; his Wisdom had not time to Bud , yet his Will was grown to full Strength : being already Plunged in the Gulf of pleasure , and Vanities of Youth , he set himself to Promote such as most pleased him with Flatteries , rather than such as were truly qualified to serve him with solid Council and able conduct ; whence arose Three fatal mischiefs : for First , his Affairs were indiscreetly managed , and without success , by reason unfit Ministers were imploy'd about them , Secondly , debauchery was increased , First , in the Court , and next throughout the Kingdom ; for many of the Young Nobility , observing the secret favours and distastes of the King , studying in all things to gratifie his pleasure , gave up themselves to dissolute and dishonourable courses ; which ill precedents descended like an Infection amongst the Gentry and Commonalty ; for Vice always finds too many followers , even when it hath no incouragers , but much more doth it increase , when flusht with Great Examples , and made the Scale or perferment . And lastly the King by thus misplaceing his favours impaired the Veneration due to Majesty , became Cheap in the Eyes of his Subjects , and less respected , for it is almost as dangerous to a Prince to have evil and despised Favourites and Adherents , as to be evil or despicable himself . In this Parliament was granted a Tenth from the Clergy and a Fifteenth from the Laiety , but on condition , that from thence , which was March 1380. to Michaelmas 1381. there should be no more Parliaments ; that is , no more Money rais'd . This Summer the King and Council sent a strong Army to assist the Duke of Bretaigne , under the Command of his Unckle Thomas of Woodstock , Sir Thomas Peircy , &c. who landing at Calice , forced their passage through the Body of France , leading their Troops to and fro , and laying the Countrey waste at their pleasure , without any resistance , till they came to the Borders of Bretaign , where they were joyfully received , but the very Terror of their March , had disposed the French to an accomodation , so that they made peace with the Duke of Bretaign , whereupon our Army without any other advantages , but those of Renown and Glory returned home . Notwithstanding it was agreed in the last Parliament to the contrary , yet by the too great prevalency of some Counsellors , a Parliament against the will and consent of almost all the Great Men of the Land , was this same Year about the Feast of S. Martin , ( which is Novemb. 10th ) Conven'd at Northampton , a place most unfit for such an Assembly , as well for that it was Winter , and scarce any Fewel for Firing there to be procured ; as also because it afforded not Lodgings enow to entertain those that should have resorted thither : but perhaps so much the more fit for the design of the small Politicians ; for here they got past a very severe Tax , or Poll bill . Whereby every Priest , Secular or Religious , was to pay a Noble , and every Nun as much , and every Man and Woman , Married or unmarried , being of the age of Sixteen years , Twelve Pence , ( Beggars onely excepted ) the paying whereof was esteem'd very grievous by the People , especially of the poorer sort . And that which aggravated their misery , was , that when it came into the Exchequer , it was so handled by those imploied about it , that it amounted not to so much as some former Taxes , which were given in less proportion : whereupon some of the Kings Ministers complained that it had not been duly Collected ; and one John Legg , and three of his Associates , obtained a Commission to inspect and review the Levy , bargaining to give the King a great Sum of Money for the same : But indeed on that pretence committing horrible Oppressions , Exactions , and Insolencies in divers parts , especially in Kent , Norfolk , and the adjacent Counties . Hence immediately after , viz. In the Spring of the Year 1381 , arose one of the most formidable and mischievous Insurrections that had been heard of almost in any Age ; the old Bellum servile of the Romans was acted in England , but with greater Impudence and mischief ; the Slaves are in Arms , and the very Dregs of the people will be Lords and Masters . The true Causes or Occasions of this unexpected Confusion are very differently related , some Monkish Historians ( followed , blindfold by some later Authors ) out of hatred to Wickliffe and his Tenets , ( which now began to be much disseminated , and of which we shall by and by give a further account ) attributed it chiefly to his Doctrine : for 't is an ordinary thing to proclaim all Evils , concurring with any Attempts of Reformation in Religion , to be proper fruits thereof ; as the Heathens of old imputed all their Calamities to the then new and rising Sect of the Christians : But as we find nothing in that good mans real Positions ( for several of his Works are yet extant ) to foment such a lewd Rebellion ; so neither do the more impartial Authors of that Age lay it at his Door : though 't is agreed , one Ball a factious Clergy●man was an Incendiary of that Combustion , which seems in its Original ascribable to the natural desire of Liberty , and pride of Humane Nature , impatient of Superiority , since the Villains or Bondmen were chief in the Tumult ; and partly to the heavy Taxes and Insolencies of the Collectors , and especially of these New Farmers of the Subsidy , or Commissioners , which exasperated the common people into a Mutiny . But whatever were the Provocations , dismal were the Effects , and might have prov'd fatal to the utter ruine of the Kingdom , had not the Providence of God wonderfully prevented it . Nor is it less disputable where the Uproar began , some say in Essex , some in Kent ; for the Flame w●s so suddenly spread into divers places , that they could scarce tell where the Fire broke forth , and who first headed them , is also uncertain ; some speak of one Thomas a Baker of Fobhyngges ; others of Walter Tyler at Deptford in Kent , to be the Ringleader : but the most received Tradition is thus . That one of the said Collectors of Poll-money , coming to the house of the said Tyler ( so called from his Trade ) and requiring of his Wife to pay for a Daughter of hers , whom she affirmed was not of age to pay , the rude Fellow told her , he would presently see whether she were so or not , and forceably turn'd up her Coats , whereupon the Mother made such an Out-cry , that her Husband being at work hard by , heard her , and came running with his Lathing Staff in his hand , wherewith he beat out the Collectors Brains , and knowing that for the same he must be hang'd , endeavoured to secure himself by greater Crimes , drawing together the Rabble , and incensing them , ( who of themselves were but too ready ) unto a Rebellion : Thus Multitudes flockt together , broke open the Goal at Maidstone , where the before-mentioned Ball the Priest was then a Prisoner , who having gain'd his Liberty , marched along with them ; and they growing still more numerous , ( some write an Hundred thousand strong ) came to Blackheath , where he made a seditious Preachment to them , taking for his Text or Theme the old Proverb ; When Adam Delv'd , and Eve Span , Who was then a Gentleman ? From thence telling them , That by Descent from Adam , all men were of one Condition ; That the Laws of the Realm were injurious to Christian Liberty , and unjust by making such difference of mens Estates , preferring some to be Peers and Potentates , with great Authority and large Possessions , whereby they took advantage of the humble plyable Condition of others , to keep them in slavery , hardly affording them Sustenance ; whereas there ought to be an equal sharing of all things , and that in common , &c. This Doctrine was extreamly pleasing to these Raggamuffins , who animated thus with Multitudes , and holding Correspondence with others as mad as themselves in other Counties , they Arrested all Strangers that they met with , making them swear to be true to King Richard , and to the Commons , and never to own any King that should be called John : which they did out of spight to the Duke of Lancaster , against whom they had an implacable Malice . They likewise beheaded all Lawyers they could catch , saying , Till they were rooted out , the Land would never enjoy free liberty . At Black-heath they sent for the King to hear their Grievances , but the Archbishop of Canterbury and the Lord Treasurer , disswaded him from venturing his Royal Person amongst them , which being understood by the Commons , they were thereupon more enraged against those two , calling them Traytors ; and to be revenged immediately march towards London ; in Southwark they discharge all Prisoners , and when the Mayor of London would have pull'd up the Draw-bridge , and shut the Gates against them , the Rabble of the City would not suffer him , so that all that Night they came in and out at their pleasure , being the more favoured , because hitherto they spoiled no man , but honestly paid for all they had , saying , They came not as Robbers , but to bring Malefactors to justice . The King to prevent Mischief , sent them word to meet Him at Mile-end , where he would hear their Complaints , and part of them accordingly went thither , where the King gave them a C●arter under the Great Seal of England , That thenceforth all the Men of England should be free , and discharged from the Tenour of Villenage , and all Bondage of that kind . The Tenour of which Charter of Manumission , as it was given to them , and within few days sent into several Counties , was as follows . RICHARD , By the Grace of God King of England and France , and Lord of Ireland , to all his Bailiffs and faithfull Subjects to whom these Presents shall come , Greeting , Know yee , that of our special Grace , we have Manumiss'd or set free all and singular our Liege Subjects , and other of the County of E. and them and every of them from all Bondage do Release and Acquit by these Presents . And also we pardon to our said Liege-men and Subjects , all manner of Felonies , Treasons , Transgressions , and Extortions , by them or any of them , in any manner whatsoever done or committed ; And also all and every Outlawry or Outlawries , if any be or shall be Published against them , or any of them , for or by occasion of the Premisses ; and do thereof to them and every of them grant Our highest Peace : In witness whereof We have caused these Our Letters to be made Patent : Witness Our self at London , the Fifteenth of June , in the Fourth Year of Our Reign . Upon this Concession , most of the Essex-men that met at Mile-end went home ; but while this was doing , others that staid behind in London , enter'd the , Tower , and dragg'd out thence Hen. Earl of Derby the Duke of Lancaster's Son , and but a youth ; Simon of Sudbury , Archbishop of Canterbury ▪ and Chancellor of England ; Robert Hales Prior of the Hospital , and Treasurer of England ; he the before-mentioned John Legg , and and John a Minorite , being a Crony of Lancaster's and 3 others , all which 7 last they forthwith Beheaded , carrying their Heads on Poles , as in Triumph : And now being heated with both Wine and Blood , they march to the Savoy , and burn the Duke of Lancaster's stately Palace , ( the best House in England ) with all its rich Furniture to Ashes , breaking in pieces all his Plate and Jewels of inestimable value , and flinging them into the Thames , and when one of their Fellows was spy'd to thrust a piece of Plate into his Bosom , they presently flung it and him into the fire to be destroy'd together ▪ saying , They came not like Thieves to enrich themselves . But of Liquors they were not so scrupulous ; for two and thirty of them being got ito the Dukes Wine-Cellar , Tippled so long till the Rafters of the House on fire , fell down , and stopt the passage , that they could not get out , but were heard to cry seven days after , and so perished . From the Savoy they came back to the Temple , and burnt the Lawyers Lodgings , Books , Papers , and all Records they could meet with : The house of S. John's by Smithfield , they set fire to , so that it burnt seven days ; Nor had they any regard to Churches ▪ but forc'd out such as fled thither for Sanctuary , and Beheaded them , for they used no other manner of Execution to high or low . That Night wearied with spoil , and generally Drunk , they lay sleeping like Swine in the open Streets and under the Walls : and the next day being routed together again , the King with a small Guard coming to Smithfield , offered a Pardon to all such as yet after all these Outrages would cease from the like for the future , and go quickly home . Whereupon Wat Tyler declared , That he was for Peace very willingly , provided it were on such Terms as he should approve of : Therefore to understand what he would have , one Sir John Newton is sent to Invite and desire ( for so they were glad in that Juncture of Affairs to compliment his Sawciness ) Wat to come and Treat thereof with the King ; and when the Knight urged him to make haste , he answered with some Indignation ; If thou art in such haste , go back to thy Master the King ; I 'le come when I see mine own time . However he soon followed him on Horse back , but slowly for the greater State , and being come near the King , the same Knight was commanded to go to him , and receive and bring back his Proposals . Tyler offended , because this Messenger came to him mounted , told him it became him to alight from his Horse in his Presence ; and therewith drew out his Dagger to strike him : But the King to pacifie him , made him alight . The Demands which Tyler made , besides a general Enfranchisement of the Bond men , ( which the King had already granted ) were , That all Warrens , Parks , and Chases , should be made common and free to all , so that as well the Poor as the Rich , should have liberty to Fish , Fowl , and Hunt in all places throughout the Kingdom , with several other the like extravagant Demands : In which Tyler behaved himself so insolently , that the Kings Attendants could not but represent to his Majesty that it was insufferable , and the before celebrated John Philpot , according to his usual Courage , told the King , That if his Majesty would but command his Lieutenant ; viz. The Mayor to Arrest the Traytor , he would lose his Life if it were not happily accomplisht ; Whereupon the King was prevailed with to give such a Command , or rather leave to William Walworth , then Mayor of London , who waiting an Opportunity , and observing Tyler to play with his Dagger , tossing it from hand to hand , as if he meant some mischief , and that at last ( to what intent is not known , whether out of rudeness , or design ) he laid one of his hands upon the Kings Bridle , fearing the Ruffian might attempt his Royal Person , instantly executed his Arrest , by giving him a Blow on his Head with a Dagger ; which was seconded with Philpot's Sword and anothers in his Body , so that immediately he fell down dead on the ground : When the Rabble saw this , they began furiously to cry out , O our Captain is slain , our Captain is murdered : Let 's revenge the Death of our Captain , &c. But the King with a Courage and Ingenuity beyond any thing could be expected from his Years , ( for he was not yet above Fifteen ) Clapt Spurs to his Horse and rod to the Head of them , crying aloud , What mean you my Men ? Or what do you do ? Will you shoot your King ? You shall have no cause to grieve for the Death of that Traytor and Ribauld ; I that am the King , will be your Captain and your Leader : Follow me into the Field , and you shall have whatever you will ? Upon which words , amaz'd , and not certainly resolv'd either of one anothers minds , nor indeed each man of his own , they followed awhile , till Sir Richard Knolls , with a Thousand armed men raised in the mean time by the Mayor , came upon them out of the City , at whose approach ( being now headless , and all in confusion ) they were so terrifi'd , that they forthwith flung down what Arms they had , and begg'd for Mercy ; which the King granted , and withal gave them a Charter of Freedom in form as before recited ; but proclaim'd , that no Citizen should have any Correspondence with any of them , nor suffer them to come within the Liberties : And so this dreadful rout from the height of Insolence was in a moment scattered and reduced to the depth of misery and fear , sneaking back by stealth into the Country : many in their passage slain or perishing for want , and multitudes of them soon after Executed . For this good Service , the King upon the place conferr'd the Honour of Knighthood upon the said John Walworth Mayor , and John Philpot , as likewise on Nichol. Brembre , John Land , and Nicholas Twyford , Citizens of London . And in memory of so Honourable an Exploit , perform'd by the Mayor , the Dagger hath ( 't is said ) ever since that time been added in the City-Arms , which before bore only the Cross. But though things were thus appeas'd at London , there was still no less Hurley-burley in several Counties : At St. Albans they committed many Out-rages , and Cancell'd the Ancient Charter of the Abbot and Monks . In Suffolk there were swarm'd together Fifty thousand Villains , under the Conduct of one John Straw , a lewd Priest , who beheaded Sir John Cavendish , Lord Chief Justice of England , and ●et his Head on the Pillory in S. Edmundsbury . The like Commotions also there were at the same time in Norfolk , Cambridge-shire , and the Isle of Ely , at the Instigation of one Littester , a Dyer , who called himself King of the Commons , and forc'd several Lords , and Persons of Quality to be sworn to them , and ride along with them to countenance their Proceedings ; but these were for the most part subdu'd and dispers'd , by the active valour of Hugh Spenser Bishop of Norwich , who gathering an Army together , set upon the Rebels with incredible fury , pursuing them from place to place , and giving no Quarter to any of them . It is to be noted , That these Rebels in several Shires held correspondence , and their Leaders sent abroad their Epistles of Advice , and encouragement ; some of which ( as they were afterwards taken and own'd ) I shall insert , for the Readers diversion : that he may admire the style of these popular Orators , and observe what strength of perswasion there was in Non-sense . A LETTER of John Ball to the COMNONS in Essex . IOhn Sheep sometime S. Mary Priest of York , and now of Colchester , Greeteth well John Nameless , and John the Miller and John Charter , and biddeth them beware of Guil in Borough , and stand together in Gods Name , and biddeth Piers Plowman go to his werk , and Chastise well Hob the Robber , and take with you John Trewman , and all his Fellows , and no mo . John the Miller hath yground small , small , small : The Kings Son of heven shall pay for all . Beware , or ye be wo ; know your Frende fro your Foe , have ynough , and say No , and do well and better , and flee sinne , and seek peace , and hold you therein : And so biddeth John Trewman , and all his Fellows . Another . IOhn Ball gretyth you wele All , and doth you to understand , he hath rungen the Bell ; Now ryght . and●myght , wyll and skyll , God spede every yee dele . Now is time , Lady help to Ihesu the Sone , and thid Sone to his Fadur , to make a gode end , in the name of the Trinity , of that is begun : Amen , Amen , pur Charite , Amen . Another . IOhn Bell S. Mary Prist gretes wele all manner men , and byddes them in the Name of the Trinity , Fadur and Son and Holy Ghost , stond manlyche togedyr in trewthe , and helps trewthe , and trewthe shall helpe yowe : Now regneth Pride in prise , and Covetous is hold wise ; and Lechery without en shame , and Glotony without en blame . Envie regneth with treason , and slouthe is take in grete sesone . God do bote , for now is the time . Amen , in Esex , Southfolc , aud Northfolc . Jack the Millers Epistle . JAKK Mylner asket help to turn his Mylne aright . He hath Grounden small , small , The Kings Son of Heven he shall pay for all . Look thy Mylne do a right , with the four Sailes , and the Post stand in stedfastnesse . With right and with might , with skill and with will , lat might help right , and skill go before will , and right before might ▪ than goeth our Mylne aright . And if might go before right , and will before skill than is our Mylne mysadyght , Jack the Carter's JAKK Carter pryes yow all , that yee make a gode end of that yee have begunnen , and doth wele , and ay bettur and bettur , for at the even men heryth the day : for if the end be wele than is all we le . Lat Peres the Plowman my Brother duele at home , and dyght us Corn , and I will so with yow , and help that yee may so dyght your mete and your drynk , that yee none fayle . Lokke that Hobb Robbyoure be wele chastised for lesing of your Grace , for yee have grete nede to take God with yow in all yowr dedes , for now is time to beware . Jack Trewman's Scroll . JAkk Trewman doth yow to understand , that falseness and gile havith regned to long , and trewth hath been sett under a Lokke , and falsneth and gile regneth in everylk Flokke . No man may come trewth to , both syng Si dedero , Speke , spend , and speed quoth John of Bathon , and therefore sinn fareth as wilde flode , trew love is a way that was so gode , and Clerks for welth worth hem wo. God do bote , for nowze is time . The Storm being thus happily over-blown , the Rebels suddenly master'd , and a competent Force raised to secure the Peace of the Kingdom , it was quickly thought fit to revenge such an Affront , and bring the Delinquents to justice . In order to which , the King as soon as he could do it with safety to Himself and the Publick , revokes his former Charters of Manumission and Pardon , by a Proclamation under His Great Seal , in these Terms . RICHARD , by the Grace of God , King of England and France , and Lord of Ireland ; To all to whom these Presents shall come , Greeting : Although in the late detestable Disturbance , horribly made by divers of Our Liege People and Subjects rising up against Our Peace , certain Letters Patent of Ours were made at the importunate Instance of the Rebels , containing , That We have freed all Our Leige People , Common Subjects , and others of the several Counties of Our Realm of England , and them , and every of them discharged and acquitted from all Bondage and Service . And also , That we have pardoned them all manner of Insurrections by them against Us made , and all manner of Treasons , Felonies , Transgressions , and Extortions , by them or any of them committed . As also , all Outlawries Publisht against them , or any of them , on those Occasions ; Or that we have granted to them and every of them Our firm Peace : And that Our Will was , That Our said Liege People and Subjects should be free to buy and Sell in all Cities , Burroughs , Towns , Markets , and other Places within the Kingdom of England ; and that no Acre of Land which holds in Bondage or Villenage , should be accounted higher than at Four Pence ; And if any were before held for less , that it should not be raised for the future . Yet for that such Our Letters did Issue without Mature Deliberation , and unduly , We well weighing , that the Grant of the said Letters , doth manifestly tend to the very great prejudice of Us and Our Crown , and to the Disinherison as well of us , and the Prelates and Nobility of Our said Realms , as of the Holy Anglicane Church , and also the the Damage and Incommodity of the Commonwealth . Therefore by the Advice of Our Council , We have Revoked , made void , and do utterly annul the said Letters , and whatever hath been done or follow'd thereupon , willing that none of what state or condition soever he be , shall any way have or reap , or enjoy any liberty or benefit whatsoever , of or by the said Letters . For We will , and 't is our intention , by the Advice of Our sound Council , for the future , to impart such Grace and Favour to all and singular , although they have grievously forfeited their Allegiance , as shall be well-pleasing and profitable to Our Realm , and with which Our faithful Subjects may reasonably hold themselves contented . And this we do notifie to all persons concern'd , by these Presents , Commanding the same to be Proclaimed in all Cities and Towns , Villages , &c. And further We strictly require and command , That all and singular as well Free as Bond-men , shall without any contradiction , murmuring , resistance or difficulty , do and perform the Works , Customs , and Services , which to us or any other their Lords they ought to do , and which before the said Disturbance were used to be done , without lessening or delaying the same . And that they do not presume to require , pretend , or claim any other Liberties or Priviledges , than what they reasonably had before the said Tumults . And that all such as have any of Our said Letters of Manumission and Pardon in their Custody , shall immediately bring and restore the same to Us and our Council to be Cancelled , upon the Faith and Allegiance in which to Us they are bound , and upon pain of forfeiting All that to Us they can forfeit for the future . In testimony whereof ▪ We have caused these Our Letters to be made Patent . Witness Our Self at Chelmsford , the Second Day of July , in the Fifth Year of Our Reign . By this Revocation , all Pretensions of pleading a Pardon being cut off , procedings were next made against the principal Offenders , several of them being convicted before the Mayor , and beheaded , as John Straw , John Kickby , Alane Tradder , and John Sterling , which last boasted that he was the man that slew the Archbishop . Also Sir Robert Tresilian Chief Justice , was impowr'd by special Commission , to judge others of the Rebels , before whom in sundry places , above Fifteen hundred were found Guilty , and put to death ; and amongst them the before mentioned Incendiary Ball the Priest , who being taken at Coventry , was brought before the King at S. Alban● , and the●e drawn , hang'd and quartered . During these Uproars , the Duke of Lancaster , ( very happily for the preservation of his Person , against whom the Commons had so great a spite ) was gone into the North against the Scots , but having Tidings of the Insurrection , thought fit to clap up a Truce for Two years , which he got ratified upon Oath some days before the Scots had any notice of the Troubles in England ; but conceiving himself in danger , for the general ( though false ) report was , that the King to pacifie the Rebels had consented to abandon him to their pleasure , when ever they could seize him , and having receiceived some Affronts in that distress from the Earl of Northumberland , he desired of the Scots a safe Conduct , and to reside for a time amongst them , who honourably entertain'd him , till he was sent for by the King , and then a new cause of grudge hapned between him and the Earl of Northumberland , for in his return he was denied passage through the Town of Barwick , by the Captain Sir Matthew Redman , by vertue of a Command from the said Earl Lord Warden of the Marches , not to suffer any from Scotland to enter the same , which indeed the King had specially ordered , forgetting the Dukes being then in that Kingdom . However this bred such an Animosity in the Duke against the Earl , that being come home , he charged him with several things , which the Earl as stoutly answered , and great numbers of armed men followed each of them , but the King taking their Differences into his own ha●ds , workt a Reconciliation . About All-hallontide , began a Parliament , but had not accomplisht any thing of moment before they were adjourn'd till after Christmas , by reason of the arrival of the new Queen , Sister of Wyncelaus King of Bohemia , and elected Emperor : an Alliance of some honour , but little profit to the Realm , she being followed with a multitude of insatiate Bohemians ; who by the Kings facility , drain'd abundance of Wealth out of the Kingdom . It was observed , that as soon as ever she set foot on shore at Dover , an horrible Storm arose at Sea , which so tossed the Ships in the Harbour , that the same which her Majesty came in , was immediately dasht to pieces ; which some then lookt upon as Ominous , presaging Tempests of State to follow her . [ 1382. ] The Nuptial Solemnities , which were very splendid and costly , being over , the Parliament meets again , to begin the New Year , in which several wholsom Laws were ordain'd ; as to admit Merchant-strangers freely to sell their Merchandizes here , to regulate Excesses in in the Apparel of inferiour people , to settle the price of Wines , and many other matters . But , what ( saith our Author Thomas Walsingham , condemning such Practices ) signifie Acts of Parliaments , when after they are made , they take no effect , or are nothing regarded , for the King with his Privy Council , took upon them to alter or wholly se● aside all things , that by general consent had in Parliament been established . Of the truth whereof , there were too many unhappy Instances , as amongst the rest , in this very Parliament , upon the request of the Lords and Commons , Sir. R. Scroop was by the King appointed Lord Chancellor as being a Person of known Judgment , Learning , and inflexible Integrity ; but within few Months he was turn'd out of that Office , ( which he had laudably and prudently administred ) meerly because to do the King faithful Service he had displeased some of his unworthy M●nors : the Relation of which , I shall set down in Walsinghams own Words . Edmund Mortimer , Earl of March , and several other Lords , being lately dead , certain greedy and ambitious Knights and Squires , and others of inferior Rank , that were Servants to the King , had begged of him Grants of divers Lands and Lordships , lately belonging to the deceased , that they might have the profits thereof , for so long time as the King by the Custom of the Realm , was to hold them in his Hands ; which the King , not minding the value , nor considering any reason they had to desire , or merit to deserve , such Revenues , presently consents to , ordering them to the Chancellor to have their Grants confirm'd under the great Seal ; but the prudent and honest Chancellor , who zealously desired the prosperity of the Kingdom , and just profit of the King , absolutely refused to do it ; telling them , the King was much in debt , and 't was most necessary he should reserve such Contingencies to himself , therewith in part to satisfy his Creditors ; and that since they well knew such the Kings urgent occasions , they could be no good Subjects to his Majesty , that consulting their own advantages more than his service , and preferring private lucre before publick necessities , should go about to circumvent , and further impoverish him , by such prejudicial Requests , from which they should do well to desist , and be content with his Majesties former Largesses , which were sufficient for them . Nettled with this repulse , these Courtiers resort back to the King , grievously complaining of the Chancellors Obstinacy , that he contemned his Majesties Command , and that it concerned his Majesty suddenly , and with due severity , to Chastise such an affronted disobedience ; for otherwise the Royal Authority would become contemptible to all his People , and his Command be accounted of no value , &c. The young King therefore more regarding the false suggestions of these self-designing flatterers , than the faithful allegations and advice of his Chancellor , sends in his fury messengers to demand the Seal of him , but the Chancellor would deliver it to no hands but the Kings . To whom having surrendered it , he was pleased to retain it for many days in his own Custody , Sealing Grants therewith himself , &c. Till at length the keeping of it was conferr'd on Braibrook Bishop of London . To this last mentioned Parliament , John Wickliff exhibited a certain Complaint , or Articles , chiefly against the Abuses of Monks , Fryars , &c. An Abstract of the substance whereof is as follows . 1. Article , That all Persons of what Kind , Order , Sect , or singular Religion soever , made or instituted by men , may freely without any let or punishment , leave the same at their pleasure , and are only bound stably to hold the Rule of Jesus Christ , taken and given by him and his Apostles , and far more profitable than such new Religions founded by sinful men . 2. Art. That those things which men have unreasonably and wrongfully condemned ; As , That the King cannot take away the Goods of Prelates , Monks , &c. misbehaving themselves , or the like ; may be vindicated and asserted , and the contrary Errour condemning them Exposed : For that nothing ought to be condemned , unless it savour of Errour or unrighteousness against Gods Law. 3. Art. That both Tythes and Offerings be given , paid , and received , with and to the same intent only , as by Gods Law they ought ; that is , that what is more than sufficient to serve the Priests , &c. with Necessaries , be given to the Poor : And that if they be abused to luxury or covetousness , then they may lawfully be taken away . 4. Art. That Christs Doctrine , and the Belief touching the Sacrament plainly delivered by him and his Apostles , be openly taught in Churches , and the contrary Teaching and false Belief , brought up by cursed Hypocrites and worldy Priests , exploded . Wickliff's preferring these Articles ( which he at large Confirmed both by Authorities and Reason ) stirred up fresh hatred against him in the Ecclesiasticks , and procured him much trouble . Wherefore because all Papists so furiously condemn him to this day as a wicked Heretick , and we justly own him as one of the first and most eminent Authors of the Reformation in Doctrine , by his painful Writing and Preaching , his Tenets being generally the same * with those professed at this day by the Protestant Churches , bating some few Errours intermixt , which are as less material , so likewise more excusable , considering the Ignorance and Blindness of the Age he lived in . And since his Story , is one of the Remarkables of this King Richard's Reign , it will not be impertinent briefly to relate the same . Wickliff is said to be descended of an ancient Family in the North , but the exact year of his Birth we do not find Recorded ; he was Educated in Merton Colledge in Oxford , became first Divinity Reader in that Famous University , and afterwards Rector of Lutterworth in Leicester shire : Touching his Parts , his Contemporary Henry de Knyghton , Cannon of Leicester , ( and by consequence none of his Friends ) does yet give this Honorable Character , That he was the most eminent Doctor of Divinity of those times , second to none in Philosophy , incomparable for School learning , and transcending most both in subtilty of Science , and profoundness of Wit. These great Abilities enabled him quickly to discover the Falsity of the Doctrines , and the Cheat of the Practices then in vogue in the Church : For in his Studies , he had run through the whole Course of the School-men ; and amongst them was a professed Follower of Occham , by reading whose Works , and others that lived about the same time , or not long before , such as Bradwardine , Marsilius , Gulielmus de Sancto Amore , Abelardus , Armachanus , and the Learned Grosthead Bishop of Lincoln : God gave him Grace to see the Truth of his Gospel , and by seeing it , to loath Superstition and Popery . By Occham and Marsilius he was informed of the Popes Intrusions and Usurpations upon Kings , their Crowns and Dignities . Of Gul. de S. Amore and Armachanus , he learned the sundry Abuses of the Monks and Fryars in upholding this Usurped Power . By Abelard and others , he got a Prospect of the Right Faith touching the Sacrament of the Lords Supper . By Bradwardine he was instructed in the nature of a true Sole Justifying Faith , against Merit-mongers , and Pardoners , Pelagians , &c. Finally by perusing Grosthead's Works ( in which he seemed to be most conversant ) he descryed the Pope to be Antichrist , by hindring the Preaching of the Gospel , and placing unfit men in the Church , only to support his own Tyranny . And being thus enlightned , his Zeal to Truth would not suffer him to Conceal his Candle under a Bushel : And therefore those that assign'd his being depriv'd of a Benefice in Oxford , to be the occasion of first spreading his Opinions , and would attribute all to Resentment and Revenge , speak either rashly or maliciously , no such provocation being so much as mentioned by Authors of best Credit , to occasion his preaching against the Corruptious of the Times ; nor is it likely that he would have so inveighed against Clergy-covetousness and Pride , if they could have retorted on him any such cause of his Discontent ; or how can we but imagine , that if he had affected any such small Business as the Headship of Canterbury Colledge , the Duke of Lancaster ( who was his Great Patron ) could have helpt him to it . For indeed the Fame of his Learning , his unwearied diligence in Preaching and Writing , together with his pious exemplary Life , procured him many Disciples amongst the People , and several Favorers of the first Rank : The rather , for that he justly opposed the Ambition and Avarice of the Clergy , a Theme no less grateful than necessary ; for the Temporal States-men already found it to be an insufferable Grievance , though they wanted Skill or Courage to abate it . King Edward the Third ( though a great Doter on Ecclesiasticks ) is supposed not to have been his Enemy ; and 't is certain the pious Duke of Lancaster , ( so our Author Knyghton always calls him ) and several of the Nobles were much his Friends , and Protectors against the Rage of the Prelates ; for Wickliff being in King Edward's days Cited to Answer before the Arch-bishop of Canterbury , the Bishop of London , and others in Pauls , the said Duke , and Sir Henry Piercy Lord Marshal , were pleased to attend him thither , and would needs have him sit in presence of the Court , alleaging he had much to answer , and therefore needed convenient ease ; which favor the Bishop of London refusing to grant , hard words arose between the Temporal and Spiritual Lords ; insomuch that the Duke threatned he would pull down the pride of all the Bishops of England : And by reason of their Contest , Wickliff for the present got off , and little was done against him . But in the beginning of King Richards Reign , the Pope sent a Bull to the University of Oxford , upbraiding them with suffering and countenancing Wickliff and his Doctrine , and charging them on pain of being deprived of all their Priviledges and Indulgences , that they should no longer tolerate the same . But the Heads of the University were so well satisfied with Wickliffe's Integrity , that they were at a stand whether they should receive the said Bull , or reject it with Contempt : However the Pope plyed both the King and the Arch-bishop , and Bishop of London , with several other Letters and Bulls to the same effect ; So that at last , Wickliff was again Conven'd before them ; but on the Day assign'd for his Examination , Sir Lewis Clifford came into their Court , and in the Name of the Princess Joan , the Kings Mother , peremptorily Commanded them to proceed no further in that Affair ; with which being terrified , they desisted their prosecution , and once more he got out of their Clutches . But now by reason of the before-mentioned Articles offered to the King and Parliament , the Bishops soon after summoned him again before them , but whether he appeared or not , is uncertain : However they proceeded against the Opinions and Conclusions following , as His , which as they are related by the Historians of those Times , I shall recite ; some of them being Branded as Heresies , others only as Errors ; Viz. Heresie I. That the Substance of Bread or Wine remains after Consecration in the Sacrament of the Altar . Heresie II. That Accidents do not remain without a Subject after Consecration in the same Sacrament . Heresie III. That Christ is not in the Sacrament of the Altar Identically , truly and really in his proper Corporal Person . Heresie IV. That if a Bishop or Priest whilest he is in mortal sin , should Ordain , Consecrate , or Baptise , it would be nothing available . [ Note , this is falsly charged , Wickliffe's words whence this is wrested , are in his book . De Veritate Scriptu●arum , p. 138. Nisi ●hristianu , &c. Un●ess the Christian Priest be united unto Christ by Grace , Christ cannot be his Saviour , neither can he speak the Sacramental words without lying ; Licet pro●●●t c●pacibu , though yet they are profitable to fit Receivers . Which last Clause they spightfully omit . ] Heresie V. That if a Man be duly Contrite , all outward Confession is superfluous and to him unprofitable . Heresie VI. That he hath Obstinately asserted , that it is not founded in the Gospel , that Christ ordained the Mass. Heresie VII . That God ought to obey the Devil . [ This Position the Devil himself would scarce dare to utter , much less this godly man ▪ who on the quite contrary in his Comment on the Psalms p. 112 saith , the Devil is clepid God's Angel : for he may do nothing but at Gods suffering , and serveth God in tormenting sinful men , 't is true in his Book against the Fryars , Cap. 28 he complains of their Blasphemy , in accusing the Holy Scriptures of Falshood , which , says he , is to put falsness upon God himself , who is the Author thereof , and yet they would have in believe what they themselves say is true . Alas ( saith he ) who may suffer this Blasphemy , that Christ in whom is all Treasure of Wit , Wisdom , and Truth , could not , or would not say true words , and sentence , but yet sinful fools have true manner of speaking , contrary to the speech of our Lord Jesu Christ , for if this be sinful fools , yea Divels of Hell , been wiser & t●uer than Jesu Christ. From these words , or some such Argument ab Ab●urdo , against them , that which he proves to be their wicked consequence they make his D●ctrin , just as if one should charge David with asserting , there is no God , leaving out , The Fool hath said in his Heart . Heresie VIII . That if the Pope be a wicked Man , and consequently a member of the Devil , then he has no power given him over faithful Christians by any , unless perhaps by Caesar. Heresie IX . That after Vrban the Sixth , [ Pope at that time ] none ought to be chosen Pope , but we ought to live after the manner of the Greeks , under our own Laws . Errors . * 1. That no Prelate ought to Excommunicate any , unless first he know such person to be Excommunicated of God. 2. That if any shall otherwise Excommunicate , he thereby becomes an Heretick , or Excommunicated person himself . 3. That a Prelate Excommunicating a Clerk that has appeal'd to the King and Council of the Kingdom , is thereby a Traytor to God , the King , and Kingdom . 4. That those who forbear to Preach , or hear the Word of God , or the Gospel , for the Excommunication of men , are Excommunicated , and at the day of Judgment shall be accounted Traytors to God. * 5. That 't is contrary to the Scriptures , that persons Ecclesiastical should have Temporal possessions . 6. That 't is lawful to any Deacon , or Presbyter , to Preach the Word of God , without Authority from the Pope , or any Catholick Bishop . * 7. That none , whilst in mortal sin , is to be accounted a Bishop or Prelate . 8. That Temporal Lords may at their pleasure take away Temporal Goods from the Church habitually offending . 9. That Tythes are pure Alms , and Parishioners may for the sins of their Curates detain the same , and confer them at their pleasure upon others . 10. That special prayers applyed by Prelates or Religious persons to one particular person , do not more profit him , than general prayers , all things else being equal . 11. That any one entring into any Private Religion , is thereby rendred more unapt , and incapable of observing the Commandments of God. 12. That Holy Men , that instituted Private Orders of Religion , whether of Mendicants , or such as are indowed with possessions , did sin in so doing . 13. That those called Religious , living in private Orders of Religion , are not of the Christian Religion . 14. That Fryars Mendicant , are bound to live by the Labor of their Hands and not to get their living by Begging . 15. That Fryars Begging after their Sermons , do thereby incurr the Crime of Simony , and all that bestow Alms on them are Excommunicate , as well the giver as receiver . About these Positions the Bishops first met at Oxford ( where they had taken such impression , that Riggs the Vice-Chancellor , and many others had imbraced them ) and after that at the Gray-Fryars London , on the Seventeenth of May , 1382. on which day after Dinner , about Two a Clock , just as they were going to proceed in this Business , happened a Wonderful and Terrible Earthquake throughout all England ; whereupon divers of the Suffragans being affrighted , would have desisted , but the Arch-bishop otherwise interpreting the Omen , they went on , and at last solemnly Condemned all the said Propositions , there being present Eight Bishops , Nineteen Monks and Fryars , Fourteen Doctors of Law , and Six Batchellors of Divinity . However Mr. Wickliff himself ( whether because they could not find him : or that they were afraid to meddle with him ) or rather because they were much distracted by reason of the Feuds between two Popes then in being at once , escaped their malice ; and in the Year 1385. dyed peaceably in his Bed , having been Doctor of Divinity above Thirty Years , and of such industry and learning , that he Translated the whole Bible into Engglish ; one Copy whereof written with his own Hand , lately was , and I suppose still is extant in Saint John's Colledge in Oxford : He lived in a time , when the Fryars Orders by their manifold disorders were become exceeding odious , and the Popes jurisdiction by provisions , Reservations , and Collations very intollerable , which made way for those excellent statute Laws about this time enacted , of Premunice , against Provisors , and the abuses of Begging Fryars ; which so bridled and restrained the Popes Rampant Usurpations , that he could but little prevail here in England , during the Reign of King Edward the Third , and King Richard the Second : Towards making of which Laws , Wickliffe's Doctrine struck a great stroak , he maintaining very learnedly and stoutly , the Kings jurisdiction , Crown , and Dignity , against Papal and all kind of Encroachments , by the Laws , Civil , Cannon , and Common , of which last especially he made great use , and was well skill'd therein . But for full satisfaction concerning this famous Man , I shall here add , the Testimonial of the University given in his behalf , after his Death , as follows , viz. TO all & singular the Children of our holy Mother the Church , to whom these presents shall come , the Vice-Chancellor of the Vniversity of Oxford , with the whole Congregation of the Masters , wish perpetual health in the Lord : Forasmuch as it is not commonly seen , ●hat the Acts and Monuments of Valiant men , nor the praise and merits of good men , should be pass'd over and hidden with perpetual silence , but that true report and fame should continually spread abroad the same in strange and far distant places ; both in Testimony thereof , and for the example of others . Forasmuch also as the provident discretion of Mans nature hath devised this defence against slander , that when ever Witnesses by Word of Mouth cannot be present , the Pen by Writing may supply the same . Therefore the special good will and care which we bare unto John Wickliff , sometime Child of this our Vniversity , and Professor of Divinity , moving and exciting our minds ( as his manners and conditions required no less ) with one Mind , Voice , and Testimony , we do witness all his conditions and doings throughout his whole life , to have been most sincere and commendable ; whose honest manners , good disposition , profoundness of learning , and most redolent fame , we desire the more earnestly to be notified to , and celebrated by all the faithful , for that we understand , the maturity and ripeness of his Conversation , his diligent Labors and Travels tend much to the Praise of God , the help and safeguard of others , and the profit of truth . Wherefore we signify unto you by these presents , that his Conversation ( even from his youth upwards , unto the time of his death ) was so praise-worthy and honest , that never at any time was there any note or spot of suspicion noised of him , but in his answering , reading , preaching , and determining , he behaved himself laudably , and as a stout Champion of the Faith , vanquishing by the force of the Scriptures , all such who by their wilful Beggary , Blasphemed and slandered Christ's Religion : Neither was this said Doctor Convict of any Heresie , or burned by our Prelates [ Note his Bones were not yet , but long after ordered to be taken up and burnt by the Council of Constance ] after his Burial : For God forbid tha● our Prelates should have condemned a man of such honesty 〈◊〉 an Heretick , who amongst all the rest of the Vniversity had Written in Logick , Philosophy , Divinity , Morality , and the Speculative Art beyond comparison , the knowledg of all which things we desire to testifie , that the fame and renown of this said Doctor may be more evident , and had in repute amongst those into whose hands these present Letters Testimonial shall come . In Witness whereof we have caused these our Letters Testimonial , to be Sealed with our Common Seal , dated at Oxford , in our Congregation House , the 15. of October , in the Year of our Lord , 1406. About the same time , several of Wickliffs followers , as Nicholas of Hartford , John Aston , John Purney , and other Priests , were much troubled for the same and the like Opinions ; among the rest our Author Henry de Knyghton , tells us ; that on Palm Sunday , he heard one at Leicester Preaching these horrible Heresies and Errors ( in his Opinion ) following , viz. That to Blabber with the Lipps , and multiply Words in Prayer signified nothing . That to give Money for Celebrating of Masses would not avail any body , unless he led a good Life . That Christ never commanded any Body to Begg . That no Man is bound to give Almes to any that has better Cl●athes and outward accomodation : than himself . That none is truly a Prelate , nor capable of a Bishoprick , unless he be a Teacher and Preacher . That Money got by Confessions is accursed , and as well the giver as receiver Excommunicate . That Preachers carrying about Baggs and Scripps , are false Teachers , since Christ in his Gospel Commands the contrary , and the true Disciples of Christ never practised it . That for those to Begg , who are able to work is Condemned by the Law Civil , and no where approved by the Law Evangelical . That Christ Converted many of divers States and Conditions to the Faith ; but we do not find in the Holy Scripture that ever he converted a Priest. These Opinions spreading so fast , and the Bishops perceiving that yet they had not sufficient Authority by any Law , or Statute of this Realm , to proceed unto Death or Imprisonment , against any for matters of Religion , they therefore solicited the King for the power of the Temporal Sword , who overcome with their importunity , or perhaps incited by hopes of some Subsidy to be given him by the Clergy was content to give his Assent to an Ordinance , bearing the name of an Act , made in the Parliament holden at Westminster , Anno Quint. R. 2. Ca. 5. in these Words . ITem , forasmuch as it is openly known , that there be divers evil Persons within the Realm , going from Country to Country , and from Town to Town , in certain Habits under dissimulation of great Holiness ; and without the License of the Ordinaries of the places , or other sufficient Authority , Preaching daily , not only in Churches and Church-yards , but also in Markets , Fairs , and open Places , where a great Congregation of People is , divers Sermons containing Heresies , and notorious Errors , to the great emblemishing of Christian Faith , and Destruction of thr Laws , and of the Estate of Holy Church , to the great Peril of the Souls of the People , and of all the Realm of England , as more plainly is found , and sufficiently proved before the Reverend Father in God the Archbishop of Canterbury , and the Bishops , and other Prelates , Masters of Divinity , and Doctors of the Canon , and of Civil Law , and a great part of the Clergy of the said Realm , specially assembled for this great cause ; which Persons do also Preach divers matters of slaunder , to ingender , discord , and dissention betwixt divers Estates of the said Realm , as well Spiritual as Temporal , in exciting of the People to the great Peril of all the Realm , which Preachers cited or summoned before the Ordinaries of the places , there to answer to that whereof they be impeached , they will not obey their Summons and Commands , nor care not for their Monitions , nor Censures of the Holy Church , but expresly despise them . And moreover by their subtil and ingenious words do draw the People to hear their Sermons , and do maintain them in their errors by strong hand , and by great routs . It is ordained and assented in this present Parliament , That the Kings Commissions be made , and directed to the Sheriffs , and other Ministers of our Sovereign Lord the King , or other sufficient persons learned , and according to the Certifications of the Prelates thereof , to be made in the Chancery from time to time , to arrest all such Preachers , and also their Fauters , Maintainers , and Abetters , and to hold them in Arrest and strong Prison , till they will justifie to them according to the law and reason of Holy Church . And the King willeth and commandeth , that the Chancellor make such Commissions at all times , that he by the Prelates , or any of them shall be certified , and thereof required as is aforesaid . This was the first pretence of Statute against the true Professors of Religion , and indeed was no Act of Parliament duly made , but onely by the King and the Clergy , for at Michaelm . following , in the sixth year of the King , a Parliament being assembled complain'd thereof , and having recited the same — Add — The which was never agreed nor granted by the Commons ; but whatsoever was moved therein , was without their Assent ; and therefore prayen the Commons , that the said Statute be disannulled , for it is not in any wise their meaning , that either themselves or such as shall succeed them , shall be further justified , or bound by the Prelates , than were their Ancestors in former times . Whereunto it is answered , Il plaist au Roy , The King is pleased . Yet though the supposed Law of the Fifth were hereby so repealed , and the fraud thereof discovered , the Prelates ordered matters so , that this Act of Repeal was never published , nor since printed in the Statute Book with the rest of the Acts of that Parliament , as Mr. Fox in his Acts and Monuments well observes . The Year 1383 was famous for a Warlike Expedition undertaken by the English Clergie , called a Croisado , or going forth to fight the Lords Battels ( as they pretended ) under the Banner of the Cross. The occasion thus : After the death of Pope Gregory the Eleventh , which happened in the Year of our Lord 1378 , one Bartholomew Bishop of Barri in Apulia , by the undue acts hereafter mentioned got into the Chair , by the name of Vrban the Sixth ; who as he entered by force , so he proceeded with so much pride and insolence , that most of the Cardinals forsook him , and retiring to Avignion in France , chose one Robert Bishop of Cibbo in his stead , who took upon him the style of Pope Clement . Now to destroy him , and all that own'd and took part with him , was the meritorious design . And that the Reader may the better perceive the nature of the Quarrel , and what mighty reason people had to venture their Lives , and murder their Neighbours , for this Vrbans Interest , I shall insert a Copy of the Cardinals Letter to him , as Walsingham recites it . THe Bishops , Presbyters , and Deacons , by Divine Merit Cardinals , during the vacancy of the Apostolical See , to Bartholomew late Archbishop of Barri , wish the Spirit of founder counsel . The sanctity and purity of the Catholick Faith , and the wholsom devotion of Christian People , the clear profession of the whole Ecclesiastick State , and Salvation of all the faithful , do require , That those things which may occasion a scandal unto our faith , the subversion of the Worshippers of Christ , the weakning of the State of the Church , and the evident danger of souls , should be openly notified to all , declared amongst the people , and according to the Doctrine of the Gospel preached upon the house-tops , lest by indiscreet silence those be left in error who might be reclaimed , and they to whose office it belongs should lie under the reprehension of the Prophet , saying , Thy Prophets and Preachers shall prophesie unto thee things false and foolish , and shall not lay open thine iniquity , that they might provoke thee to penance . Whereas therefore the Apostolick Seat being empty by the death of Pope Gregory XI , of pious memory , who in March last departed this life ; we for the Election of another Pope , acc●rding to Law and Custom , had assembled our selves in the Conclave , for that purpose assign'd , in the Apostolical Palace , the People of Rome gathered together by the sound of a Bell and in hosti●e manner , surrounding the place , almost filling the Palace both without and within , did with vehement Terror threaten , that unless without any delay , we choose a Roman , or Italian , they would presently cut us into bits : And so there being no due space afforded , wherein we might deliberate of a fit Person ; they against our will and intention , suddenly and abruptly by violence and bodily fear , compelling us to choose an Italian , We thereupon meerly to avoid the otherwise inevitable Peril of Death , as at the same time we openly declared amongst our selves , did think fit to nominate Thee for Pope , not doubting but thou to whom as well as to all the Clergy , and People , that accursed violence was well known ) hadst had so much Conscience , as in no sort to accept of the same . But thou forgetful of thine own Salvation , laying aside all pure Conscience , and being otherwise ambitious , wast so far inflamed with the Ardor of Worldly Honour , upon the presentation of that Election ( though extorted also by Fear , and against the Canonical Sanctions , from those who carried it from us into the ●ity ) that thou to the greatest Scandal of the Christian Clergy and People and to the pernicious Example of others in such cases , didst consent to the said Election , though the same in Law were absolutely null and void , and also out of fear ( as we well hope ) didst suffer thy self to be inthron'd in the City , and Crown'd de facto , and so hast taken upon thee the name of Pope , who by the holy and wise Fathers , and by Right and Law , are rather and deservedly to be called , An accursed Apostate , Antichrist , and the Invader , and Destroyer of all Christianity . Since therefore such thy wicked Intrusion into the Papacy is now divulged throughout the World , grown notorious , and cannot any longer be hid , as being done just before Easter , when from all parts of Christendom there were multitudes of People at Rome ; and whereas many Errors have already began to creep abroad , and the Consciences of the Faithful to be intangled ; and that thou being long expected , & charitably admonished in secret , regardest not to amend thy folly , but rather dost desire to draw the whole Clergy and People into a Precipice , and preferring the empty transitory Glory of the World , before the Salvation of thine own , and other Christians Souls , obstinately endeavourest to hold the Popedom by Tyranny , into which thou didst not enter by the Door ; We therefore not being able with safe Consciences any longer to dissemble the Premisses , laying forth the same , and giving notice thereof to thee and all faithful Christians , though the same be already notorious to thy self , and almost all the Clergy and People , do publish and denounce thee accursed and ( as having intruded into the Papacy without any Canonical Election ) an Invader of all Christianity , since thou dreadest not to invade the very Head of Christianity it self , and such a Destroyer , as seekest by thy tyrannical Vsurpation , to cause almost all the Sacraments to fail , and the universal People of Christ to run astray on Precipices , as wanting a true Shepherd ; Exhorting nevertheless , and intreating by the Bowels of Mercy , of our Lord Jesus Christ , whose Spouse the Church , thou hast not blu●ht to commit a Rape upon ; that thou wouldest think of the end , to which fulness of days is hastening thee ▪ that thou wouldest direct the Eyes of thy mind to God and a pure Conscience ; and that thou wouldest quit , and leave empty and free , that most Holy Seat of S. Peter , which without title thou dost occupy ; and that thou wouldst lay aside the Papal Ensigns and Ornaments , and without delay abstain from the Administration of any the Spirituals or Temporals of the Papacy and Roman Church , and study to satisfie God and the Church to thy utmost power , by the fruits of true repentance ; which if thou shalt perform , thou mayst deserve to obtain the grace of God , and the applauses of the World , and the praises of the Clergie and People , and a remission of those sharp penalties by the Canon Laws inflicted , and to be with all diligence inflicted upon thee ; but otherwise art sure deservedly to incur the indignation of Almighty God , and of S. Peter and Paul , and all other Saints ; and we will invoke Divine and Human counsel with the Spouse of Christ , and of all Christians , whose Mother without doubt is in this behalf violated ; and shall use all other remedies granted by the Canonical Sanctions hitherto , that before thou hast so resigned , thou mayst have no hope of mercy . But Vrbanus ( whom some that were fond of a Quibble were wont to call Turbanus , because he was the Disturber of Christendom ) would neither be wheedled nor hector'd out of the Popedom , and therefore he gets together the Bishops that still took his part , and makes divers of them Cardinals , who soon returned a thundering answer to this Epistle of the Schismatical Cardinals and Bishops , ( for so they called them that disown'd Vrban ; ) which ( to shew the meek spirits of the men , and how notably they argue ) I shall presume so far on the Readers patience , as here likewise to insert . VVE the Vniversal Faithful of Christ , honour'd with this sacred Character , founded so upon the firm rock of Truth , that the Lord upholding and watering the root of our Holy Faith , by no whirlwinds of Heretical or Schismatical persuasion , we can be extirpated or overthrown ; to John Bishop of Praenest , William with the title of S. Stephen in the Celian Mount , &c. not ( as you call your selves ) Cardinals by Divine Mercy of the Holy Roman Church , but accursed and most ravenous Wolves , Invaders of the whole Flock of Christ , and most subtil Foxes , desiring to lay waste the Vineyard of the Lord of Hosts , send not Greeting but Grief , not Joy but Sorrow , and that you may be cloathed with Confusion as with a Garment . The insipid tenour of your Letters , which by the Devils instigation you rashly have sent throughout all the Provinces of Christendom , hath wounded our hearts , and all that is within us , not by startling our Faith , but with a godly compassion for so horrid a scandal as lately is raised in the Holy Church of God ; but Wo unto you by whom these scandals come , for the Face of our Mother the Church is made pale , pale with unspeakable trouble , for the error of your wickedness ( the like not heard of for many ages ) who would be esteemed zealous of the Laws , when in truth you are sacrilegious , though scon she is rendered ruddy again with modest blushes , seeing by your ill deeds all the Borders of Christianity to be inflamed . O detestable and unhappy Ambition of yours , which endeavours to rend our Lords seamless Coat , and part that which suffers no division , but rather rejoyceth in unity . Wicked Servants , Out of your own mouths you shall be judged , by your Letters , you have declared the manner of the Election of the Pope by you lately celebrated , alledging that an unruly multitude of armed people beset the Conclave , terribly and mortally threatning you , unless you should choose an Italian or Roman , but not limiting any certain person whom they would force you to elect . 'T is therefore manifest , as to the person , that you do grant he was freely , and not by compulsion , chosen ; and so we firmly do and will hold , that the Election by you then made was rightfully and canonically celebrated ; and to him so elected , enthron'd , and crown'd , as Head of the Holy Church , Peters Successor , and Vicar of Christ on earth , we do faithfully adhere , and promise humbly to obey his Admonitions , Words , and Acts , as becomes true and faithful Catholicks ; not taking a damnable example from your pernicious rebellion , and sacrilegious and heretical stubber●ness . And furthermore , we detest your folly , and baseness of your pretence ; for how should sear invade you , who are placed in the ●ore front of the Churches Troops ▪ as Champions and Defenders of the Ortho●ox Faith , and we●●ing ●n your head● the Red Caps , Ensigns of Ecclesiastical Liberty , for a token that you 〈…〉 to strive for Righteousness and Justice even to death ? Now I say , could the dread of death make you depart from Righteousness ? Or how were you that call your selves Pillars of the Church become so weak and feeble , as not to be able to uphold the building from tumbling on your heads ? Was there any Sampson there ? No alas , he died long since . But to excuse your selves in your sins , you will perhaps say , That Peter the Rock of Faith , and after Christ the prime foundation of the Church , was so affrighted at the words of a poor Servant-maid , as to deny Christ himself , and that too with an Oath , of whose infirmity you are Partakers and Followers . Oye Generation of Vipers , ye crafty Serpents nourished with poison , if ye taste the bitter herb , taste also that which is sweet and wholsom ; and after this damnable denial of the Head , return with Peter to confession . We truly build upon the Rock , whilest your abominable obstinacy makes you Consorts of a Traytor , whose iniquity relies on Lead , Sands , and Rubbish . Nor let your foolish blindness and blind foolishness imagine , that those words in your Letters , which seem to carry a shew of piety and zeal for the House of God , shall move us and persuade us in any thing to consent with you ; for we most evidently perceive , that those words are fall of the Leaven of the Pharisees , of which Christ in the Gospel admonisheth his Disciples to beware . And by your leaving Rome , and naming another place for perpetrating your wicked designs , you clearly shew us that you have left the true Head of the Church , and are become Members of the Devil , and gone out into the Desart with Judas the Traytor , where fitly with an Haltar you may be ready to hang your selves ; that that of the Prophet may be verified of you , — Let their habitation be desolate , and let none be left to dwell in their tents . As also it is written further of each of you , — Let his days be few , and his Bishoprick let another take . Furthermore , you do but blacken the clear f●●me of the Count of Fundi , ( a Town in Italy , whose ●arl harbour'd the Cardinals ) when you so load him with your Commendations throughout Christendom ; since as the Poet saith , Idem est laudari à turpibus & ob turpia , To be prais'd by bad men is all one as to be prais'd for bad things . Consider therefore , O Count ! that whereas heretofore thou wast unknown in divers Christian Countries , which thou thoughtest an unhappiness ; now thou hast gain'd not a Name but Shame throughout the World , for inviting to thy self the Enemies of Christ , the Breakers of the Churches Unity , and the Disturbers of the peace and tranquillity of all Christendom , and cherishing their detestable perfidiousness ; so that thou seemest to have built an Asylum against Christ and all Catholick people . Arise therefore , O Count ! throw these Mice out of thy Budget , chase these Serpents from thy Tabernacle , and shake these coals of Brimstone out of thy Bosom , lest they bring thee to everlasting burnings ; so shalt thou obtain the grace of God , the blessings of all Christians , and the commendation of all the World , and shalt merit to escape the Divine Vengeance . Dated at Rome , &c. Both Parties being thus hot , and Christendom divided between two Popes at once , each damning the other for a Schismatick and Villain ; France , Flanders , Scotland , and several other Countries joyn'd with Pope Clement ; insomuch that the French King proclaim'd throughout all his Realm , that none should own or obey Vrban on pain of being Beheaded , and all his Goods forfeited to the Kings use . But by means of Vrban's Complemental Letters to King Richard and the Parliament , and his honouring our Bishop of London with a Cardinals Cap , England was altogether at his devotion ; for in the second year of King Richard an Act was made , declaring him to be lawful Pope , and that the Livings of all Cardinals and others that were Rebels to him , should be seized into the Kings hands , and the King to be answered of the profits thereof ; and that whosoever within this Realm should procure or obtain any Provision or other Instrument from any other Pope than the same Vrban , should be out of the Kings Protection . And this year 1382 , the said Vrban sent over his Bull to Henry Spencer Bishop of Norwich ( a young bold Prelate ) to raise a Croisado , that is , to levy Forces who should be all mark'd with the Cross , as engag'd in an Holy War , to fight with and subdue his Enemy the said Clement , the Anti-Pope , and all his Followers and Favourers , whom thereby he did excommunicate and depose from all Honours , and forbid any Conversation with them living , and burial of their bodies when dead , &c. In which Bull were ( amongst other things ) granted the Powers and Privileges following . 1. That the said Bishop of Norwich may use the Sword against the Anti-Pope and all his Adherents , Favourers , and Counsellors , and with violence put them to death . 2. That he hath full power to inquire of all and singular such Schismaticks , and put them in prison , and to confiscate all their Goods moveable and immoveable . 3. That he hath Power and Authority to deprive all Laymen that are such Schismaticks , of all manner of Secular Offices whatsoever , and to give their Offices to other fit and convenient Persons . 4. To deprive all such Schismatick Clerks , and bestow their Benefices either with or without Cure , their Dignities , Parsonages , or Offices to other Persons more meet for the same , having power over Lay-persons that are exempt , Clerks both Secular and Regular , yea though they be Fryars Mendicants . 5. That he may dispense with any Dignified or Beneficed Clerks , so that they may be absent from their Cures or Benefices , under the ●tandard of the Cross , without leave of any of their Prelates , and yet take and receive the entire Profits , as though personally resident . 6. There is granted to all that pass the Seas in this Cause , either at their own Expences , or at the Expences of any others , Full Remission of all their Sins , and besides as large Priviledges as to any that pay their Money , or go to Fight for the Holy Land. 7. That all such as shall with their proper Goods and Substance give sufficient Stipend to able Souldiers at the discretion of the aforesaid Bishop mustred , or by any other his Deputy , although themselves be not personally engaged , yet shall they have the like Remission and Indulgence , as they which in person go to the Expedition . 8. That all they shall be Partakers of this Remission , who shall give any part of their Goods to the said Bishop , to Fight against the said Schismaticks . 9. That if any shall chance to die in the Journey , or be kill'd , that are Souldiers under the said Standard of the Cross , they shall fully and wholly receive the said Grace , and shall be Partakers of the aforesaid Forgiveness and Indulgence . 10. The said Bishop hath Power to Excommunicate , Suspend , and Interdict all persons whatsoever that shall be Rebellious , or Disturbers of him in the Execution of the Powers and Authority hereby committed unto him , of whatsoever Dignity or Condition they be , whether Kings , Queens , Emperors , or of any other Quality Ecclesiastical or Temporal . Lastly , That he may compel and inforce any Religious Persons whatsoever , to go in this Expedition , and send them over Sea , if he think good so to do , and this although they be Professors of the Fryars Mendicants . Being thus furnisht the Bishop to spread his Authority , and the more effectually carry on the Work , publisht the Ordinances following . 1. IT is Ordained for the Honour , the Establishment of Holy Church , and the Salvation of the Realm , that sufficient Preachers be sent into all the Country , to Declare and Publish the Croisado , and the Right Estate of Holy Church , and of our most Holy Father Pope Urban , whom God ( of his benign Grace ) pity and redress , according to his good pleasure . 2. That to every such Preacher or Confessor throughout England , there shall be joyned a Clerk , who shall receive and register the Names of all such as shall offer their persons to this Holy War ; and also all money that shall be given , over whom the said Confessors shall be Controllers . 3. That no Woman shall presume to go this voyage without special Licence from the Bishop of Norwich under his Seal . 4. That no man by the way shall rob , or by any kind of Extortion take the goods of any till they come upon the Enemies , where they may do it by right of War , on pain of losing all share in the said Pardon . 5. That the said Preachers shall press the people to say Prayers and make Processions for the safety of the Church , and the prosperity of this V●rage . 6. That all Curates on pain of Excommunication shall encourage , and by all means they can ( especially in Confession ) press and engage their ●arishioners , as well poor as rich , to come into and contribute to this pious Expedition , so much for the good of the Church , and advantage of their own Souls . 7. That every one that will go in person for the Absolution , shall before such Absolution be given him , swear to come to the said Bishop or his Deputy , and make his Indentures touching the time that he purposes to serve in the Croisado . 8. That if any will find a man , that is , hire another to go in his name , and upon his costs and charges , that he must either provide and able sufficient Souldier that shall nor refuse the Service , or else allow so much for his Pay to the Bishop , and let him provide one himself . 9. That every one that sends such a Souldier in his own stead , shall enroll in the Bishops Registry both his own and his Souldiers name before he takes Absolution , otherwise to lose all benefit of the Pardon . The form of the Absolution to be given to all that should serve in or contribute to this Croisado . BY Apostolical Authority to me in this behalf committed , We do Absolve thee from all thy sins confessed with thy mouth , and for which thou art contrite in heart , and of which thou wouldst be confessed , it they did occur to thy memory ; and do grant unto thee full forgiveness of all thy sins , and the Retribution of the Just , and we do promise thee an increase of Eternal Life . And we do also grant to thee as many Privileges as are granted to those that go to the Aid of the Holy Land. And furthermore we do impart to thee the Suffrages and Advantages of the Prayers and Good works of the whole Catholick Church . The business being thus published with all the zeal and art of the Clergy , the Bishop thereupon collected an innumerable and incredible Summe of Money , besides abundance of Plate both Gold and Silver , Jewels , Rings , Dishes , Spoons , Bracelets , ( they are all our Authors own words , who lived at that time ) Necklaces , and other ornaments , especially of Ladies and others of the Female Sex ; for 't was said , one Lady gave an hundred pounds , and so others some more some less , and many even beyond their ability as was believed , so fond were they to obtain the imaginary benefit of Absolution for themselves or their Friends ; ( for by this they might not onely save their own Souls , but free whom they pleas'd that were dead from pains of Purgatory , or ensure the Salvation of any Child or Relation living . ) And so all the secret Treasure of the Kingdom , that was in the custody of these foolish weaker Vessels was endanger'd , for otherwise they were not to be absolved , if they did not contribute to their power and ability . Many men went in person at their own charge , others that were old , or weak , or timorous , sent Souldiers and bore their expences . For the Bishop had got most admirable Indulgences both for the quick and dead , and could absolve & à poena & à culpa , as well from the guilt or offence , as from all punishment due for sin . And 't was said , that some of his Commissioners did assert That at their commands Angels would descend from Heaven , and snatch Souls from out of the pains of Purgatory , and without delay carry them to rights into heaven . Whilest the warlike Bishop was making these Preparations comes a Parliament , where it was Debated , whether it where safe to hazard so considerable a strength of the Kingdom , in such an impertinent Quarrel , and under the Conduct of a rash unexperienced Priest ; Those that were for it , besides the Interest of Religion urg'd Reason of State That now was the time for the King to recover his Right in France , and weaken the French King , when he lay under Pope Urban's Curse , for siding with Pope Clement , during which he could expect no Success on his Armes . Thus for some time very doubtfull it was which way the Parliament would incline ; but at last upon hearing that Antiphone sung , — Ecce Crucem Domini , fugite partes adversae , — Behold the Cross of our Lord , fly ye Adversaries , they where as with a Charm brought over to Decree in favour of the Expedition , assigning the Fifteenth given in the last Parliament , to be imployed herein . And now the Project went on more vigorously then ever , insomuch saith Walsingham , That in all this spacious Kingdom there was scarce one person to be found , that did not either ●ffer his person , or bestow part of his goods for promoting the same . About the middle o● May , the Bishop was ready to put to Sea with his Army lying in Kent waiting for a Wind , the King ( whether designing quite to forbid the Voyage , or thinking the Bishop had got too much Money , and willing to thare with him or what other reason I know not ) sent him a Writ to come back and speak with his Majesty and know his pleasure ; but the proud Prelate mistrusting the worse , was so intent upon the Affair of his Lord and Master the Pope , that he had no leisure to obey his King and therefore to avoid any stops , presently hastned over to Calice , leaving his Army to follow him , which being arriv'd , he set up the Standard of the Cross , and besiges Graveling , and takes it and several other places , using great Cruelties , and destroying all they could Master : For as the Episcopal Generall was a person rash and daring , and inflam'd with mad Zeal , so his Soulders confiding in their Absolutions , adventur'd upon the greatest dangers without fear , esteeming , says Walsingham , it Glory to overcome , but Gain to die in this Cause ▪ where they thought themselves sure to go directly to Heaven , and to enjoy so much the greater Bliss the more they butcher'd of the Schismaticks : But these first Fervours were quckly cool'd by hard Service , and having in vain laid Siege to Ypres , they are at last forc'd to quit it , being all in Confusion amongst themselves , and in great want of Provisions ; whence they come back to Graveling , and therein are besieg'd by the French King with a powerfull Army ; In which Distress our Bishop wrote to King Richard , That if ever he intended to try his Fortune against the French King , now was the time , or at least that he should send some Forces to give him Battle , and force him to abandon the Siege : King Richard was then at Daintry in Northamptonsheire , and on the receipt of this News being at Supper , instantly arose from Table , and in mighty rage and fury took Horse , riding Post with such speed , that he came to Sant Albans at Midnight , where having borrowed the Abbots Guelding ( which Walsingham a Monk of that Abbey complains he never restor'd ) he hastned to Westminster , making shew as if he would never rest till he had Routed the French King and all his Host , but being somewhat weary with Riding , at Westminster , he went to Bed , and having taken council of his Pillow , was nothing so fierce next Morning , but resolv'd to lay aside the thoughts of going himself , and to send some body else : To which purpose , the Duke of Lancaster was nominated , but so tedious in making Preparations , that the Bishop in the mean time was glad to leave Graveling , having first dismantled and destroyed it , and so return'd home to England , after a vast Treasure dissipated , and many thousand Lives lost , and more Souls cheated , with as little Glory , as he set forth with mighty Expectation , the Success of his Armes being suitable to the ridiculous occasion of them . And what was yet worse for the haughty Prelate , soon after his coming home in a Parliament , held at London , about Alhallontide , all his Temporalities were seized into the Kings hands , for his Contempt in disobeying the Kings Writ , when His Majesty sent to him to come back just as he was putting to Sea on this piece of Ecclesiastical Knight-Errantry , and he refused to come as aforesaid . In this Parliament also was granted to the King half a Fifteenth by the Laity , and half a Tenth by the Clergy . In the Year 1384 , a Truce was made with France , and the Duke of Lancaster and his Brother Thomas of Woodstock entred Scotland with a mighty Army , but the Scots wholly declining to fight , and many of the English being destroyed with Want and cold Weather , they return'd , making very small Advantages by that expensive Expedition . Soon after which , an Irish Carmelite Fryer made a discovery in Writing to the King of a Design the Duke of Lancaster had to destroy His Majesty and usurp the Crown ; but the King advising about the same only with certain young Favourites , the Duke obtained notice of the Charge , and cleared , or seemed to clear himself so much to the Kings satisfaction , that the poor Fryer was committed to Custody ; and 't is said , on the Evening before the Hearing should have been , was most cruely murdered . Whose Information , if real , shews what a● Opportunity the King slipt of preventing his after misfortune , and that some times it proves even more dangerous to discover Treasons , than to act them , which yet should discourage no good Subject from the discharge of his Duty . But possibly this whole Accusation , or the Relation of such a thing might be a Contrivance of the Duke's Enemies , to render him suspected to the King and odious to the People ; for it 't is certain they entred not many Months after into a formal-Design against his Life : the occasion whereof I do not find mentioned by Authors , but only that the King by the Instigation of his young Cabal-Council had conceiv'd displeasure against him ; and that they had conspired to take away the said Duke's Life . In order whereunto certain Crimes were suggested , Appellors prepared , and t was agreed that he should be suddenly Arrested , and brought before the Lord Chief Justice Trysilian , who had boldly untertaken to pronounce Sentence upon him according to the quality of the matters to be objected ( though by Law he could not be tryed but by his ( Peers ) and so Execution should immediately have followed . But the Duke being fore warn'd of these Contrivances , hastned to his Castle of Pomfret , and there stood upon his Guard : And the King's Mother considering the Dangers that would ensue such a Rupture , took great pains by riding ( notwithstanding her Age and corpulency ) to and fro between the King and him , to pacifie each side , and at last brought them to such a Reconcilement , that all appearance of Displeasure on the one part , and Distrust on the other , was for that time removed . About the Feast of S. Martin was held a Parliament at London , wherein the Earl of Nothumberland was Condemn'd for the loss of the Castle of Barwick Surprised by the Scots , through the Treachery of one that he had put in there as his Deputy : But the King after Judgment was pleased to Pardon him , who went forthwith down and retook the said Castle . In the Year 1385 the French made great Preparations for the Invading of England , and to facilitate the Attempt by a Diversion , ●end the Admiral of France with a considerable Force into Scotland , the Common Back-door at which they were wont to Infest us : Of which King Richard having notice , raises a mighty Army , and by speedy Marches pierces into the Heart of Scotland , and reduc'd their chief City Edenburgh into Ashes as a Bonfire , to give the whole Kingdom notice of his Arrival , and Challenge them to Battel : But they declined it , and Victuals growing very scarce , the King thought fit to return homewards , the rather for that the Scots in the mean time had entred Nothumberland , and besieg'd Carlile ; but hearing of the Kings approach , fled back into Scotland . During this Expedition , the Lord John Holland the Kings Brother by the Mother side , near York , Killed the eldest Son of the Earl of Stafford , for which he fled , and the King was so highly incensed , that he caused all his goods to be Confiscated ; the King's Mother interceded for him , but could not be heard , and resented the denial so heavily , that soon after she died . At a Parliament the latter end of this Year the Laity granted the King one Fifteenth and an half upon condition that the Clergy would give a Tenth and an half , who took this Articulating of the Commons in grievous dudgeon , protesting , that the Laity should not Charge them ; and the Archbishop of Canterbury was so hot , as to declare , he would rather venture his Head in this Cause , than that the Holy Church of England should thus Truckle : whereupon the Commons and many of the Temporal Lords began to bid Battel to the Clergies Temporalities , saying , they were grown to that excess of Pride , that it would be a Work of Piety and Charity , to clip their Wings , and reduce them to an Humility suitable to their Profession . The Clergy at this were not a little Alarm'd , and to prevent the worst , make a voluntary offer of a Tenth to the King , and so the Dispute is rock'd to sleep . Also during this Parliament , the King Conferred several Honours , Creating his Uncle Thomas of Woodstock ( who before was Earl of Buckingham ) Duke of Gloucester , and his other Uncle Edmund of Langley ( before the Earl of Cambridge ) Duke of York : With whom too he prefer'd his pernicious Favorites , as Robert de Vere Earl of Oxford , to be Marquess of Dublin in Ireland , ( the first man within the Realm that was Enobled with that Title ; and Sir Michael de la Pole ( the Son of a Merchant in London ) was made Earl of Suffolk , and Lord Chancelor of England . But these last grew in Hatred faster then they did in Honour ; the Ancient Nobility disdainfully resenting their undeserved ( as they deemed ) Advancement . Nor were the People better satisfied , but grumbled heavily , for they durst not speak out against these Court Ear-wigs , as Seducers of the King , and occasion of all misadministrations of Affairs . In this Parliament likewise , the Duke of Lancaster desired Leave of the King Lords and Commons , to go into Spain to recover that Kingdom belonging to him in the Right of his Wife ; which was granted , and Forty thousand Marks promised him for his aid therein ; and accordingly on Easter-Day he came to take his Leave of their Majesties : The King commanding that he should be styled King of Spain , presented him with a Crown of Gold , as the Quen did ano●her to her Sister : A great number of the Youthfull Nobility and Gentry attended the Duke in this Voyage , who having Matcht one of his Daughters to the King of Portugal , with joynt Forces Invaded Castile , and took many strong Towns ; but at last on a Treaty it was agreed , that the King of Spains Eldest Son should marry Katherine another of the Dukes Daughters , and the Duke receive Two hund●red thousand Nobles in hand , and the S●m of Ten thousand Marks yearly , during the Lives of him and his Dutchess , and in consideration thereof all Claims should cease . Walsingham tells us the Duke had such Favour from the Pope , as to be Arm'd for the Recovery of this Kingdom , with a Grant of Remission of Sins , to all that should adventure with him , or aid him with money towards the Voyage : and had got as as large Indulgences as the Bishop of Norwich lately had as aforesaid ; but he well observes , That the frequency of granting such Pardons and Relaxations , had now rendered them vile and contemptible to the People , so that there was scarce any body regarded them , or would give Two pence to this last Croisad● , though they were so extravagantly fond of the former ; whence is taught this Lesson , That a Cheat though never so religious is not to be plaid over twice in one Age. The Year 1386 ●illed England with great Consternations and frequent A●arms , by means of an Invasion threatned by the French , who had prepared above Twelve hundred Sail of Ships , and a mighty Army on that Design , which lay ●overing on the Coasts , daily waiting an opportunity to pass the Channel ; and the better to secure their men at their first Landing in England , they had framed a wonderful Wall of Wood , three Miles in length , of great thickness and twenty Foot high , with which they would have inclosed their Camp , But it happned , that the Lord Beauchamp Captain of Calice , took three of their Ships laden with part of the said Inclosure , which King Richard caused to be set up about Whinchelsea , for securing that Town ; and also he took another Ship full of Guns , Gunpowder , and other Instruments of War : With which Losses , and especialy by the adversness of the Winds , which from the beginning of August to Alhallontide , stood full in their Teeth , so that their Ships could not come out , and their Victuals and provisions , by lying all that time , being spent , they were discouraged from prosecuting the Enterprize , and nothing was effected . And now King Richard every day more and more entring upon the Confines of his Destiny , as if he had not done enough in making his Minion Marquess of Dublin , Creates him Duke of Ireland , and would ( says Walsingham ) had Fortune favor'd his Wishes , have gone on to make him a King ; so strangely was he bewitch'd to him , and so excessively he doted on him ; Non sina nota ( utfertur ) fami iaritatis obscoenae , which I forbear to english out of Respect to Royal Majesty , as being willing to think it a fulsom Imagination of that Monk that writes it , rather than charge an English Prince with such a detestable suspicion : But this undeserved Honour , together with the Exorbitancies of Michael ae Pole , and other Publick Miscarriages had made no small Impressions on the Minds of many of the Peers of the Land , as well as the Commons . On Monday the morrow after the Feast of S Jerom , the King held a Parliament at Westminister , which ended on the Feast of S. Andrew ; the Proceedings whereof Henry Knyghton ( who lived at that very time ) Relates as follows : [ P. 2680. ] The King ( saith he ) for the most part staid lingering at Eltham whilest the Parliament sate ; the nobles therefore of the Realm , and the Commons with joynt Assent , sent this Message to the King ; That the Chancelor and Treasurer ought to be removed from their Offices , because they were not for the good of the King and Kingdom , and because also they had such matters to treat of with Michael de Pole , as could not be treated of whilest he remain'd in the Office of Chancellor . The King hereat incensed , return'd his Command , That they should mention no more those things , but that they should proceed to the Business of Parliament , aud hasten to a conclusion ; adding , That he would not for them , or at their instance , remove the meanest Scullion boy in his Kitchin out of his place . For the Chancelor in the Name of the King , had desired of the Commons Four Fifteenths to be paid in one year , and as many Tenths from the Clergy ; alledging that the King was so much in debt , that he could not otherwise be freed from his Debts and other Burdens lying upon him , as well upon the account of war , as of his Houshold and other Charges ; But they by joynt Assent of Lords and Commons , returned this Answer to the King ; That they neiher could , nor by any means would proceed in any Business of Parliament nor dispatch somuch as the least Article , till the King should come and shew himself in his own Person amongst them , and remove the said Michael de Pole from his office . Upon which the King sent back this Command to them , That they should order Forty Knights of the most substantial and wisest of the Commons to come unto him , and declare the Votes of all the rest . But then were they more afraid , every man for his own safety : For a secret Rumor had privately come to their Ears , That the death of these Forty was design'd by Treachery . For it was said , as appeared afterwards unto them , That as these should be going to speak with the King , a multitude of Armed Men should set upon and murther them : Or that being invited to a Feast by the King , some Armed Ruffians should rush in upon them and kill them , or that they should be murther'd in an instant in their Lodgings in London . But Nieolas de Exon Mayor of that City refusing , and by no meanes consenting to so great a wickedness the Villany was deferr'd , and the cursed Contrivance by degrees brought to light . Making use therefore of wholsom Advice , they by common consent of the whole Parliament , sent the Lord Thomas of Woodstock , Duke of Glocester , and Thomas de Arundel Bishop of Ely , to the King at Eltham , That they should on the behalf of the Lords and Commons of his Parliament , Salute him , and deliver their Votes or desires to him , under such a Form or Sense of words . Sir King ! The Prelates Lords , and whole People of the Commons in Parliament , with most humble submission recommend themselves to the most Excellent [ the word is wanting in our Author ] of your Royal Dignity , wishing you a successful Course of Honour , and invincible against the power of your Enemies , and the most firm Band of Peace and hearty Love towards your Subjects , as well for the increase of your owu good and advantage , in respect of God and the Salvation of your Soul , as for the unspeakable comfort of all the People which you govern . On whose behalf we intimate these things anto you . That we have it [ Settled , Granted , or Confirmed ] by ancient Constitution , by a Custom laudable and approved , and which none can gain-say or contradict , That the King can Assemble the Lords , Nobles and Commons of the Kingdom once a year unto his Parliament , as the highest Court of the Realm , in which all Equity ought to shine bright without any scrup●e or spot , clear as the Sun when ascending to the Meridian ; where as well Poor as Rich may find a never failing Shelter for their Refreshment , by restoring Tranquility and Peace , and removing all Kind of injuries , where publick Grievances or Errors are to be redress'd ; where , with the most prudent Councill , the state and Goverment of the Kingdom is to be treated of : That the King and Nations Foes within , and their Enemies abroad , may be discovered , and repulsed by such means as most conveniently and honourably it may be done ; and also with wholsom deliberation therein to fore see and order how the necessary Burdens of the King and Kingdom may with most ease ( the publick Want ●onsidered ) be supplied : And they conceive also that since they are to support publick Charges incumbent , they should have the Supervisal too how and by whom their Goods and Fortunes are expended . They say moreover , that this is their Priviledge by ancient Constitusion , that if the King wilfully estrange himself fram his Parliament , no Infirmisy or necessary Cause disabling him but obstinately by his ungovernable Will , shall withdrow himself , and be absent from them the time of Forty days ▪ as not regarding the vexation of his People 〈◊〉 nor their grievous Expences ; That then from that time it shall be or is lawfull for all and every of them , without any damage from the King , to go home , and every one return into his own Country . And Now , You for a longer time have absented Your Self , and for what Cause they know not , have refus'd to come amonst them . To this , the King. Now do We plainly discover , that our People and the Commons intend to resist , and are endeavouring to make Insurrections against us ; and in such case nothing seems better to us , than to [ call in ] our Kinsman the King of France , and from him to ask Advice and Aid ; nay even to submit Our Self to him , rather than to Truckle to our own Subjects . To which they answered thus . THis Council is not sase for You , but rather tends to inevitable destruction ; For the King of France is your Capital Enemy , and the much greatest Adversary to your Kingdom , and if be should once get footing on your Land , would sooner endeavour to dispoil you of it , to invade your Kingdom , and to drive you from your Throne , than in the lest to lend you his assisting hand , if at any time ( which God forbid ) you should stand in need thereof : Rather therefore recall to your Memory how your Grandfather King Edward the Third , and in like manner your Father , a Prince of the same Name and Renown , with Sweat and Hazards during their whole Lives , through innumerable Labors indefatigably contended for the conquest of the Kingdom of France , which by hereditary Right appertained to them , and after them to you by Succession . Remember , how many of the Nobles , what innumerable Troops of the Commons of England , as well as those of France lost their Lives , and underwent the peril of Death in that Quarrel : Remember the inestimable Treasures the People of England freely parted with for the maintanance of that War. And yet what is more to be lamented , they have in your time sustained so many Taxes for the support of your Wars , as that now they are reduced to such incredible Poverty , that they can neither pay their Rents for their Livings , nor assist their King , nor afford themselves even the Necessaries of Life . Thus The Royal Power is impoverished , and an unhappy condition brought upon all Great Men and Nobles of the Kingdom , as well as the Commons weakned and undone ; For a King cannot be poor that has a rich People nor that King be rich whose Subjects are Poor . Nor do these Ills redound alone to the King , but to all the Nobility and Great Men , every one in his Rank and degree . And all this is brought to pass by the evil Ministers of the King , who have ill-Governed both King and Kingdom to this day ; and unless we do quickly set our helping hands to the Work and raise the healing Prop , the Kingdom of England , will in less time then we think of , be miserably subverted . But there is yet one part more of our Message remaining on the behalf of your People to be imparted to you , That we have an ancient Constitution , and it was not many Ages since experimented ; it grieves us that we must mention it , That if the King through any evil Council whatever , or through a weak Obstinacy or Contempt of his People , a perverse froward Will or irregular Course , shall alienate himself from his People , and refuse to Govern by the Laws and Statutes of the Realm , by the laudable Ordinances and and faithful Advice , If he shall throw himself headlong into wild Designs , and stubbornly exercise his own singular Arbitrary Will ; That from that time it shall be lawful for his People by their full and free Assent and Consent , to Depose that King from his Throne , and to establish some other of the Royal Stock upon the same in his stead . Which grievous and unhappy Dissention , That it may never spring up amongst your People ; That your People by no such lamentable Divisions ( pleasing only to your Enemies ) may ever through your evil Counsellors be subvered . That this Kingdom so honourable , and above all the Nations in the World , from your Fathers days hitherto , most famious in War , may not now in your time ( through the Distractions of ill Goverment ) he miserably laid waste : That the Title and Inscription of these Miseries may never be placed as a scandalous Mark upon your Reign and this unhappy Age. Recal we beseech you , your Royal Mind from such foolish and pernicious Councils ; and whatsoever they are that suggest such matters to you , do not only not hearken to them , but totaly remove them from you : for in a time of danger it will be found , that they can no ways effectual serve you &c. By these and such kind of Speeches , the King laying aside his Anger , was reduced to a better Temper , and being pacified , promised , That after Three days he would come to the Parliament , and with Mature Advice willingly Acquiesce to their Petitions . The King then came as he had promised , and John de Fortham Bishop of Durham was removed from the Office of Treasurer , and the Bishop of Hereford made Treasurer : The Lord Michael de Pole Earl of Suffolk was with much disgrace turn'd out of the Office of Chancelor , and Thomas de Arundel Bishop of Ely by Consent of Parliament put in his stead . And sometime afterward the said Michael de Pole was Impeached of several High Crimes and Misdeme●●ors by the Commons , as follows . The Impeachment or Articles made by the Commons in full Parliament against Michael de Pole Earl of Suffolk , late Chancellor of England , in the Term of S. Michael , in the Tenth Year of the King ; and the Judgment upon them following , from Point to Point . IMprimis , That the said Earl being Chancellor , and Sworn to Act for the just Profit of the King , hath Purchased of Our Lord the King , Lands , Tenements , and Rents to a great Value , as appears by the Record-Rolls of the Chancery : And against his Oath , not regarding the great Necessity of the King and Realm , being Chancellor at the time of such Purchase made , did cause the said Lands and Tenements to be Extended at a much smaller value than really they were worth by the year , and thereby deceiv'd the King. And for that he purchased the said Lands when he was Chancellor , against his Oath , the King shall have the said Lands again intirely , and the said Earl shall make Fine and Ransom to the King , with all Profits received since the Purchase . 2. Item , Whereas Nine Lords were Assigned by the last Parliament , to View and Examine the Estate of the King and Realm , and to deliver their Advice how the same might be Improved , Amended , and put into better Order & Governance , and thereupon such Examination to be delivered to the King as well by Word of Mouth , as in Writing : The said late Chancellor did say in full Parliament , That the said Advice and Ordinance should be put in due Execution ; which yet was not done , and that by the default of him who was the principal Officer . To this Article and the Third , and the Seventh , the said Earl shall answer , if he have any thing to say against the same in special . 3. Item , Whereas a Tax was granted by the Commons in the last Parliament , to be laid out in a certain Form demanded by the Commons , and assented to by the King and Lords , and not otherwise ; yet the Moneys thence arising , were expended in another manner : so that the Sea was not Guarded as it was ordered to have been ; whence many Mischiefs already have happen'd , and more are like to ensue to the Realm ; and all this by the default of the said late Chancellor . 4. Item , Whereas the Tydeman of Limbergh having to him and his Heirs of the Gift of the King's Grandfather Fifty pounds per annum , out of the Customs of Kingstone upon Hull , which the said Tydeman forfeited to the King ; and also the payment of the said Fifty pounds per annum was discontinued for Five and thirty years and upwards : The said Chancellor knowing the Premisses , purchased to him and his Heirs of the said Tydeman the said Fifty pounds per annum , and prevailed with the King to confirm the said Purchase , whereas the King ought to have had the whole Profit . For this Purchase the said Earl was adjudged to Fine and Ranson , and the said Fifty pounds to go to the King and his Heirs , with the Mannor of Flax●●ete , and Ten Marks of Rent which were exchang'd , &c. with the Issues , &c. 5. Whereas the high Master of S. Antony is a Schismatick , and for that Cause the King ought to have the Profits which appertain to him in England ; the said late Chancellor , who ought to advance and procure the Profit of the King , took to Farm the said Profits of the King at Twenty Marks per annum , and so got to his own use above a Thousand Marks . And afterwards when the said Master in England which now is , ought to have had the Possession and Livery of the said Profits , he could not obtain the same , till he and two persons with him became bound by Recognizance in Chancery , of Three thousand pounds , to pay yearly to the said Chancellor , and his Son John One hundred pounds for the term of their two Lives . For which it is adjudged , That the King shall have all the Profits belonging to the said S. Anthony's at the time of the Purchase ; and that for the Recognizance so made , the said Earl shall be Awarded to Prison , and Fined and Ransom'd at the pleasure of the King. 6. Item , That in the time of the lat● Chancellor there were granted and mad● divers Charters and Patents of Pardo● for Murders , Treasons , Felonies , &c. against the Laws : and before the Commencement of this present Parliament , there was made and sealed a Charter of certain Franchises granted to the Castle of Dover , in Disinherison of the Crown , and to the subversion of the Pleas and Courts of the King , and of his Laws . The King Awards that those Charters be Repealed . 7. Whereas by an Ordinance made in the last Parliament , that Ten thousand Marks should be raised for the Relief of the City of Gaunt ; by the default of the said late Chancellor , the said City of Gaunt was lost , and also a Thousand Marks of the said Money . Vpon all which Articles the Commons demand the Judgment of Parliament . WAlsingham tells us , That all these Articles were so fully proved , that de Pole could not deny them ; insomuch that when he stood upon his Answer , and had nothing to say for himself , the King Blushing for him , shook his Head , and said , Alas ! alas , Michael , see what thou hast done ! And when the King desired a Supply , the Commons answered , That he did not need the Tallage of his Subjects , who might so easily furnish himself of so great a sum of Money , from him who was his just Debtor . But at last , upon his Majesties yielding to have him turn'd out of the Chancellorship , and admitting the Articles , ( which he was very unwilling to suffer ) they freely gave him half a Tenth , and half a Fifteenth ; only providing , that it might be necessarily Expended : To which purpose it was to be deposited in the hands of the Earl of Arundel , who was then going to Sea with a Fleet , to secure the Coasts . They likewise gave the King on every Pipe of Wine Imported or Exported , Three shillings ; and on every Twenty shillings worth of all sorts of Merchandize Foreign or Domestick , brought in or carried out , one shilling ; Wool , Hides , and Pelts , onely excepted . And also at the King's Instance granted , that the Heirs of Charles de Bloys should for Thirty thousand Marks be permitted to sell Bretaigne in France to the French , and that Robert de Vere the new Duke of Ireland , the Kings most dangerous Favourite , should have the said Thirty thousand Marks , ( a prodigious sum of Money in those days ) wholly to his own use ; provided he would be gone before next Easter into Ireland , and there make use of it to recover the Dominions that the King hath given him in that Kingdom : so passionately did both Lords and Commons desire his Absence , that they would rather want so much Treasure , than have him here to Seduce and Infatuate the King. As for Michael Pole , he was committed to Windsor-castle . Furthermore , the Parliament observing that by the Covetousness of the King's Ministers , the publick Revenue was vainly consumed , the King insufferably defrauded and abused , the Common People of the Realm by continual and grievous Burdens miserably impoverished , the Rents and Profits of the Nobles and Great Men much impaired , and their poor Tenants in many places forc'd to abandon their Husbandry , and leave their Farms empty and desolate : And yet still by all these things the Kings Officers only becoming unmeasurably Rich ; They therefore chose Fourteen Lords of the Realm , and gave them leave and power to Inquire into , Treat of , and Determine all Affairs , Causes , and Complaints arising from the Death of King Edward the Third , to that present time : As also of the King's Expences and his Ministers , and all other matters whatsoever happening within the time to them Assigned ; and caused the said Lords so chosen to be sworn on the Holy Evangelists , well and truly to regulate all Burdens and other Affairs incumbent on the King and Kingdom , and to do Justice to every one requiring the same , according to the Grace and Understanding given them by God. And also the King took an Oath to stand to their Ordination , and to encourage them in their Actings , and not to revoke any Article of their Power , but to confirm and hold good and stable whatsoever the said Counsellors should do or order during such time ; of whom Six , with the Three Officers of the King appointed by consent of Parliament , viz. The Chancellor , the Treasurer , and the Lord Privy Seal , should at any time make a Quorum . And it was also Ordained by Act of Parliament , That if any one should Advise the King to make any Revocation of their Power , though the King should not Revoke it , yet the Person probably Convicted only of such ill Counsel , should for the same forfeit all his Lands and Goods ; and if he attempt it a second time , be drawn and hang'd as a Traytor . Whereupon the King issued forth his Commission under the Great Seal of England , Confirming the said Lords in such power , in the words following ; Translated from the Original French. RIchard , King , &c. To all those to whom these Letters shall come to be seen or heard , Greeting . We being duly Conscious of the grievous Complaints of the Lords and Commons of our Realm in this present Parliament Assembled , That our Profits and Rents , and the Revenues of our Realm , by private and insufficient Council , and the Ill-governance as well of certain our late Great Officers , as of divers other persons being near Our Person , are so much consumed , wasted , embeziled , given away , granted , and aliened , destroyed , and evilly disposed of and expended ; That We are so much impoverished and stript of Treasure and Means , and the Substance of Our Crown so diminished and destroyed , that We are neither able to Sustain Honourably as We ought the State of Our Houshold , nor maintain and manage those Wars wherewith Our Realm is Environ'd , without great and outragious Oppressions and Charges on Our People greater than they can bear : And also that the good Laws , Statutes , and Customs of Our said Realm , to which we are bound by Oath , and obliged to maintain , are not , nor have been duly observed nor executed , nor full Justice or Right done to Our said People ; but many Disinherisons and other most great Mischiefs and and Damages have happened , as well to Vs , as to our People and whole Realm . Now We , for the Honour of God , and for the good of Vs and our Realm , and for the quiet and relief of Our People , willing against the said Mischiefs to establish a good and meet Remedy , as We have already of Our free Will , at the Request of the Lords and Commons Ordained and Assigned such Persons for Our great Officers , that is to say , Our Chancellor , Treasurer , and Keeper of Our Privy Seal , as We esteem good , faithful , and sufficient for the Honour and Profit of Vs and Our said Realm ; so also of Our real Authority , certain knowledge , good pleasure , and free will , and by the Advice and Assent of the Prelates , Lords , and Commons in full Parliament , in Aid of the good Governance of Our Realm , and the well and due execution of Our Laws , & for the Relief in time of that miserable Condition under which both We and Our Subjects have long labour'd ▪ having full confidence in the good Advice , Sense , and Discretion of the most Honourable Fathers in God , William Archbishop of Canterbury , Alexander Archibishop of York : Our most dear Vncles , Edmund Duke of York , and Thomas Duke of Gloucester ; the Honourable Fathers in God , William Bishop of Winchester , Thomas Bishop of Exeter , and Nicholas Abbot of Waltham ; Our beloved and faithful Richard Earl of Arundel , John Lord Cobham , Richard le Scroop , and John Devereux , Have Ordained , Assigned , and Deputed , and do Ordain , Assigne , and Depute them to be of Our Great and Continual Council , for One whole Year next after the Date hereof , to Survey and Examine together with our said Great Officers , as well the Estate , Condition , and Government of Our whole Realm , and of all Our Officers and Ministers of whatever Estate , Degree , or Condition they be , within Our Houshold or without ; and to Inquire and take Information by all such ways as they shall think meet , of all Rents , Revenues , and Profits belonging to us , or which are du● and ought to appertain to us either within the Realm or without : And of all Gifts , Grants , Alienations , and Confirmations by Vs made , of any Lands , Tenements , Rents , Annuities , Profits , Revenues , Wards , Marriages , Escheats , Forfeitures , Franchises , Liberties , Voidances of Archbishopricks , Bishopricks , Abbeys , Priories , Farms of Houses , Possessions of Aliens , &c. And also of all Revenues and Profits , as well of Our said Realm , as of Our Lands , Lordships , Cities , Villages , and other Possessions beyond the Sea ; and of the Benefices and Possessions , and other Revenues of all that are in Rebellion against the Pope : And of the carrying Moneys out of the Realm by the Collectors of the Pope , or the Procurators of Cardinals , Lumbards , or other persons ; And likewise of the Profits of Our Customs , and all Subsidies granted to Vs by the Clergy and Laity , since the day of Our Coronation , to that time : And of all Fees , Wages , and Rewards of Our Officers and Ministers great and small , and of Annuities and other Rewards granted , and Gifts made to any persons in Fee or term of Life , or in any other manner : And of Lands , Tenements , Rents , Revenues , and Forfeitures , bargained or sold to the prejudice and damage of Our Crown : And also touching the Jewels and Goods which were Our Grandfathers at the time of his Death , and of Charters and General Pardon ; and how General Payments have been levied and expended ; how Garrisons and Forts have been maintained : And of all Defaults and Misprisions as well in Our Houshold , as in our Courts , and all other places of Our Realm : And by what persons Our Revenues and the substance of Our Crown have been withdrawn or diminished , or the Common Law interrupted or delayed , or any other Damage that hath happened to Vs. Giving , and by these Presents Granting , of Our Authority , and by the Advice and Assent of Our said Subjects , unto Our said Counsellors , or any Six of them , and to Our Great Officers aforesaid , full Power and Authority , General and Special , to enter Our Palace and Houshold , and to call before them all Our Officers , and to command all Rolls , Records , and other Minuments and Evidences ; and all Defaults , Wastes , and Excesses found in Our said Houshold , and in other Courts and Places ; and all Deceits , Extortions , Oppressions , Damages , and Grievances whatsoever , that are to the prejudice , damage , and distress of Vs and Our Crown , and the Estate of Our said Realm in general , ( though not herein particularly expressed or specified ) To Amend , Correct , Repair , Redress , Reform , and put into good and due Order and Establishment : And also to hear and receive the Complaints of all Our Liege People , as well for Vs and themselves , against our said Officers and Counsellors : And all Oppressions , Wrongs , and Injuries , which cannot so well be amended and determined in the Courts of the Common Law : And to discuss and finally determine all the Matters aforesaid , and full Execution thereof to Award , as to them shall seem most meet , for the Honour and Profits of Vs & Our Estate , and the Redintegration of the Rights and Profits of Our Crown , and the better Governance of the Peace and Laws of Our Kingdom , and the Relief of Our said People . In which Proceedings , if difference of Opinion happen amongst Our said Counsellors , the same shall be concluded by Majority of Votes . And We Command and Charge all Prelates , Dukes , Earls , Barons , Sheriffs , the Treasurer , and Controller , and all other Officers of Our Houshold , Justices de Banco , and other Officers , Ministers , and Liege Subjects whatsoever , That to Our said Counsellors and Officers in manner aforesaid , they be Obedient , Aiding . and Assisting . In Witness whereof , &c. Given under Our Great Seal the 19th day of November . BUT notwithstanding all these Provisions , no sooner was the Parliament Dissolv'd , but the King look'd upon all they had done to be Dissolved likewise ; or at least De facto he esteem'd as nothing all their Complaints against de Pole , the Duke of Ireland , the Archbishop of York , and the rest ; for he soon received them into greater Favour and Confidence ( if it might be ) than ever before : Who being full of Revenge themselves , were not wanting to blow their Poyson into his Royal Breast ; for thus their fatal Whispers and Suggestions are exprest by Trussel , in his Continuation of Daniel's History of England , Fol. 9. — These Triumvirs ( saith he ) incensed the King against the Nobles that were best deserving , partly upon Disgraces desertfully done unto them ; partly upon malicious Emulation to see others so generally Belov'd , ( except of the King ) and themselves so Contemptible . And that their private Spleen might carry some shew of Publick Respect , they suggested to the King , he was but half , yea , not half a King : For ( said they ) If we respect matters of State , you bear the Sword , but they sway it ; you have the Shew , but they have the Authority of a Prince ; using your Name as a colourable Pretext to their Proceedings , and your Person as a Cypher to make their Number the greater by the Addition thereof , without which they could be nothing ; neither are you any thing more by being so placed . Look to the Duty of your Subjects , and you shall finde it is at their Devotion : For you cannot Command nor Demand , but with such Limitations and Exceptions as they please to propose . And for your private Actions , your Bounty ( the most to be Celebrated Vertue in a Prince ) is restrained , your Expences measured , and your Affections confined , to Frown or Favour , as they shall please to prescribe you . What Ward is so much under Government of his Guardian ? Wherein will , or can they more abridge you , except they should take from you the Place , as they have done the Power of a Prince ? &c. Thus these Scycophants whisper'd their venomous Suggestions to exasperate the King against his best Subjects , whose Youth and Weakness rendred him too much disposed for such Impressions , and framed his conscious Mind to a full but needless fear . He was much incensed at the Removal of his Chancellor and Treasurer out of their Offices , and that the Duke of Ireland ( rather than part with whom he would hazard All ) must go out of the Realm ; supposing it a Restraint to his Regal Authority , not to have Absolute Power in all things , to give and forgive at his pleasure . Now when these private Incendiaries perceived the King's Humour once sharpned , they so ply'd him with plausible perswasions , that ( though naturally he was not of any cruel Disposition ) yet they drew him into many violent and indirect courses , partly through negligence to search out the Truth , partly through delight to be flattered , and a vain resolute humour to support those beyond Reason , whom he had Advanced without Merit . In the beginning of March , 1387. the Earls of Arundel and Nottingham ( pursuant to the Order of the late Parliament ) put to Sea with a Fleet , which they manag'd with such Courage and Conduct , that before Midsummer-day ( besides other famous Exploits ) they had taken about One hundred and sixty French Ships richly laden : But the Court-Ear-wigs , the Duke of Ireland , and the rest , enviously misrepresented all their Services unto the King , whispering , That they had onely undone a few Merchants , which it would have been more for our Honour and Interest to have let alone ; so that at their Return , instead of Respect and Thanks , the King ( whose equal unhappiness it was to grace undeserving men , and disgrace the deserving ) lookt upon them but ill ; and the Duke of Ireland would not look upon them at all : Whereupon the Earls in discontent retir'd from Court to their own Country-houses . And still more to exasperate both Nobles and People , the said Duke of Ireland would now needs be divorced from his Wife Philippa ( Grand-daughter to King Edward the Third , by his Daughter Isabel and the Arch-Duke of Austria ) a Lady of sufficient Beauty , and irreproachable Vertue ; and in her stead preferred to his Bed one Lancerona , a mean Bohemian that waited on the Queen , Daughter ( some say ) of a Vintner , or ( as others will have it ) of a Joyner . The King took no notice of this Affront offered to his Cousin-german , but the Duke of Gloucester her Uncle . resented it highly , and waited for an opportunity to Revenge it ; which the other well perceived , and was resolved to strike first . Easter was now come and past , the time limitted by Parliament for the Duke of Ireland's being gone ; but he ( though so largely hired to it as aforesaid ) cared not for that Voyage ; Onely to wheadle the People , the King went down with him into Wales , on pretence of seeing him take Shipping , but in truth , that being there remote , they might more securely consult how to circumvent and destroy the Duke of Gloucester , the Earls of Arundel , Warwick , Derby , Nottingham , and other faithful Subjects of the Kingdom : For there were with the King , Michael de la Pole , Tresylian the Chief Justice , and many others that were conscious of their own Deserts , and feared to be brought to Justice , as well as the said Duke of Ireland , and therefore readily conspired with him against the Lords . Having thus laid their Plot , and agreed the manner of putting it in execution , back comes the King to Nottingham , and as if Ireland's Voyage had been quite forgot , brings him and the rest of the Cabal with him . Thither they summon divers Citizens of London , the Sheriffs of the several Counties , and all the Judges of England . The Londoners , because several of them having lately confessed themselves guilty of Treason , had been pardoned by the King , were call'd ; that in return of that Favour , they might accuse the Lords of such Crimes as the King with his Counsellors in Wales and contrived against them . The Sheriffs were advised with , what Forces they could raise for the Kings Service against the Barons ; and also commanded , that they should not permit any to be returned as Knights of the Shire , or Burgesses for the next Parliament , but such as the King and his Council should direct , or nominate : To which the Sheriffs reply'd , That the Commons generally favoured the said Lords , so that it was not in their power to raise an Army in this Case ; and as for Parliament-men , the People would hold their ancient Customs , which require that they be freely chosen by the Commons : Nor could the same be hindered . These Answers were not very agreeable to the Court-designes . But the Judges were more compliant ; for not onely Tresylian the Chief Justice had about the same time indicted two thousand persons at Coventry , and he and John Blake an Apprentice of the Law , perused and approved under their Seals , the Indictment against the Lords ; but also the better to colour Proceedings with a Form of Law , several Questions were propounded to them touching the late Act of Parliament , giving the fourteen Lords power to inspect and punish miscarriages of the Kings Ministers as aforesaid : To the end ( as * modern Author observes ) That what the Duke of Ireland and the rest thought fit , might pass for Law out of the Judges mouths ; the Questions being so fram'd and propos'd , as it was easier to understand what the King would have to be Law , than what in truth was so . For it seems they proceeded against their Consciences , in that several of them , and particularly Belknapp Chief Justice of the Common Pleas , did ( as Knyghton , Col. 2694. assures us ) very earnestly refuse to signe the Resolutions , till Ireland and de Pole forced him to it , by threatning him to kill him if he refused : Whereupon having put to his Seal , he burst forth into these words before them , — Now want I nothing but a Ship , or a nimble Horse , or an Halter to bring me to that death I deserve : If I had not done this , I should have been kill'd by your hands ; and now I have gratified the Kings pleasure and yours in doing it , I have well deserv'd to die for Treason against the Nobles of the Land. — Which last words were like to have prov'd fatally Prophetick ; for not long after in the next Parliament he was indeed condemned to die , though not executed for the same . Some Authors say , That all the Judges of England , ( except William Skipwith absent by reason of sickness ) joyn'd in answering these Questions ; which seems probable , because they were afterwards all question'd and punish'd for the same : yet in the Record there are but five named ; possibly the others might consent , though only these set their Seals to it . The Questions so proposed to the Judges , and their Answers , were as follow : BE it remembered , That on the 25th day of August , in the 11th year of the Reign of King Richard the Second , at the Castle of Nottingham , before our said Lord the King , Robert Tresylian Chief Justice of England , and Robert Belknappe Chief Justice of the Common Bench of our said Lord the King , John Holt , Roger Fulthorp , and William de Burgh , Knights , Justices , and Associates of the said Rob. Belknappe , and John de Lokton the Kings Serjeant at Law , in the presence of the Lords and other Witnesses under written , were personally required by our said Lord the King , on the Faith and Allegiance wherein to him the said King they are bound , to answer faithfully unto certain Questions here-under specified , and to them then and there truly recited , and upon the same to declare the Law according to their discretion ; Viz. 1. Imprimis , It was demanded of them , Whether that new Statute and Ordination , and Commission , made and published in the last Parliament held at Westminster , be not derogatory to the Royalty and Prerogative of our said Lord the King ? To which they unanimously answered , That the same are derogatory thereunto , especially because they were against his will. 2. Quaery of them , How those are to be punished who procured that Statute and Commission ? To which they unanimously answered , That they were to be punished with Death , except the King would pardon them . 3. Quaery of them , How those are to be punished who moved the King to consent to the making of the said Statute ? Whereunto they answered with one accord , That they ought to lose their Lives , unless his Majesty would pardon them . 4. It was askt them , What punishment they deserved who compell'd , streightned , or necessitated the King to consent to the making of the said Statute and Commission ? To which they all answered , That they ought to suffer as Traytors . 5. Quaery of them , How those are to be punished who hindered the King from exercising those things which appertain to his Royalty and Prerogative ? To which Question they unanimously answered , That they are to be punished as Traytors . 6. Quaery of them , Whether after in a Parliament assembled , the Affairs of the Kingdom , and the cause of calling that Parliament , are by the Kings Command declared , and certain Articles limited by the King , upon which the Lords and Commons in that Parliament ought to proceed ; if yet the said Lords and Commons will proceed altogether upon other Articles and Affairs , and not at all upon those limited and proposed to them by the King , until the King shall have first answered them upon the Articles and Matters so by them started and express'd , although the Kings Command be to the contrary ; whether in such case the King ought not to have the Governance of the Parliament , and effectually over-rule them , so as that they ought to proceed first on the Matters proposed by the King : or , whether on the contrary , the Lords and Commons ought first to have the Kings Answer upon their Proposals before they proceeded further ? To which Question they answered unanimously , that the King in that behalf his the Governance , and may appoint what shall be first handled , and so gradually what next in all Matters to be treated of in Parliament , even to the end of the Parliament : And if any act contrary to the Kings pleasure made known therein , they are to be punisht as Traytors . 7. Quaery of them , whether the King when ever he pleases can Dissolve the Parliament , and command the Lords and Commons to depart from thence , or not . To which they unanimously answered , That he can ; and if any one shall then proceed in Parliament against the Kings will , he is to be punisht as a Traytor . 8. Quaery of them , Since the King can when ever he pleases remove any of his Judges and Officers , and justifie or punish them for their Offences ; Whether the Lords and Cemmons can without the will of the King Impeach in Parliament any of the said Judges or Officers for any of their Offences . To which they unanimously answered , That they cannot ; and if any one should do so , he is to be punisht as a Traytor . 9. Quaery of them , How he is to be punisht who moved in Parliament , that the Statute should be sent for , whereby Edward the Second ( the Kings great Grandfather ) was proceeded against and deposed in Parliament ; by means of sending for and imposing which Statute , the said late Statute , Ordination , and Commission , were devised and brought forth in Parliament . To which they answered , That as well he that so moved , as he who by pretence of that Motion carried the said Statute to the Parliament , are Traytors and Criminals to be punished with Death . 10. It was demanded of them , Whether the Judgment given in the last Parliament held at Westminster , against Michael de Pole Earl of Suffolk , was Erroneous and Revocable , or not . To which Question they unanimously answered , That if that Judgment were now to be given , they would not give it ; because it seems to them , that the said Judgment is Revocable , as being Erroneous in every part of it . In Testimony of all which , the Judges and Serjeant aforesaid , to these Presents have put their Scals , in the presence of the Reverend Lords , Alexander Archbishop of York , Robert Archbishop of Dublin , John Bishop of Durham , Thomas Bishop of Chichester , and John Bishop of Bangor , Robert Duke of Ireland , Michael Earl of Suffolk , John Rypon Clerk , and John Blake Esquire : Given the Place , Day , Month , and Year aforesaid . But though they had thus resolv'd the Law to their Minds , there was a greater Difficulty how to arm themselves with Power enough for Execution . In order to which , they privately sent abroad to Levy Men , but found them come in very slowly , because the Lords were generally beloved , and these Favourites of the King equally hated . Nor could they manage their Designs with such secrecy , but the Lords had notice ; whereupon , to take off all ill Impressions made against them in the Kings Mind , his Uncle the Duke of Gloucester ( chief of the Lords against whom the Courtiers had combin'd ) voluntarily before the Bishop of London , and many Nobles of the Realm , did make Oath , That he had never imagined any thing to the prejudice of the King , but had studied and performed to his power , what tended to the Kings Honour and Advantage , and what also was well pleasing to him ; except only that he could not kindly regard the Duke of Ireland , whom the King immoderately lov'd , and who had dishonoured one that was not only a near Relation of him the said Duke of Gloucester , but also of the King 's , which it was fit should be reveng'd , &c. With the Contents of which Oath , the Bishop acquainted the King , who seem'd inclinable to credit the same ; till Michael de Pole began to exasperate him against the Duke : To whom the Bishop smartly reply'd , — Be silent , Sir , it becomes not you to talk , who stand condemned in Parliament , and are now alive only by the Kings Grace and Favour . Which so offended the King , that he commanded the Bishop out of his presence , bidding him be gon home to his Church ; who at his return inform'd the Duke what had pass'd , and how much the King was sway'd by those wicked Councellors : So that it was high time for him to provide for his own safety , and obviate that destruction which was prepared for him . Hereupon the Duke of Gloucester , with the Earls of Arundel , Warwick , and Derby , ( who were all designed to the same Condemnation , if not prevented ) advising together , resolve to stand upon their Guard , and Treat with the King concerning the premisses , and that favour which he afforded to them , who were Traytors both to him and the publick , and the imminent hazard of the Kingdom thence arising . The King endeavoured to have surprized them singly , before they had united their Retinues , but failed therein ; so that with a very considerable force they assembled together at Haryngey-Park . The King was just then preparing ( as it was said ) for a Journey to Canterbury , to pay , as was pretended , his Devotions at the Shrine of S. Thomas Becket , but indeed from thence to have pass'd into France , and delivered up to the French King Calice , and several other important Places , which by the fatal Counsel of his pernicious Flatterers , he had sold unto that King. But this News of the Lords being in Arms , diverted that Voyage , and put King Richard into great Confusion , not knowing what measures to take : Some of those about him were for reconciling the Lords with fair promises ; others were for raising the Londoners , and what other Forces could be procured , and fighting them ; of which opinion especially was the Bishop of York : But this the more prudent disapproved , alledging the Dishonour and Damage would accrue to the King if worsted . Whilst these wise men could not agree what course to take , there was a Fool stumbled on an Expression , which if duly considered , might have done the King more Service than all their Debates : This was a certain Knight called Hugh de Lynne , who had been bred in the Wars , but by an accident lost his Understanding , and now as a Natural was maintained by the Charity of several of the Nobles and Retainers to the Court : The King meeting him during these Consultations , and being willing to divert himself by hearing his foolish discourse , askt him jocularly , What he should do with the Lords that were Assembled together in the before-mentioned Park . To which the said Hugh very melancholy answered , — March forth , Sir ! and let us fall upon them , and kill every Mothers Son of them : which being done , by God's Eye you will gallantly have destroyed all the faithful Subjects you have in your Kingdom . In the mean time , Mediators for Peace posting to and fro between the King and the Lords ; it was at last by their Intercession concluded , that the Lords should come before the King at Westminster , and receive the Kings Answer to their Grievances : The Bishop of Ely and divers other persons of Honour and Credit , giving their Oaths on the Kings behalf , That no Treachery or ill practice should be used , but that they might come and go with safety ; and if any were designed , that they would admonish them of it . A Caution that in the Event proved not unnecessary : For on the day they should appear , they had Intelligence that there was an Ambuscade laid for them about the Mews ; whereupon they delayed their coming ; and the King ( who had waited an hour or two for them beyond the time appointed ) enquiring the reason , was told by the said Bishop of Ely , that it was because he did not keep his word , for there was secretly planted above a thousand Armed Men to cut them off in their passage . The King seemed much offended at this Treachery , and swore that he was not privy to it , and therefore commanded the Sheriffs of London to search the Mews ; and if they found any persons assembled there for such a purpose , to kill them . But in truth , the Contrivance was not there , but in a place at Westminster , where Sir Thomas Trivet and Sir Nicholas Bramber had to this intent got together great numbers of their Faction in Arms , whom upon this discovery they dismist , and retired into London . And now the King promising again safe Conduct to the Lords , they soon after arrived in his Royal presence , whom they found in Westminster-Hall in his Robes of State , and with his Crown on his Head , and Scepter in his hand ; To whom they presented themselves on their Knees ; and the Bishop of Ely Lord Chancellor on the Kings behalf made a Speech , blaming them for their raising Forces , and demanding the Cause ; withal , recommending the Kings Goodness , who chose thus graciously to Treat with them , rather than to Chastise them by Arms ; which he told them his Majesty wanted not power easily to have done . To this the Lords answered , That they had Assembled together for the good of the King and Kingdom , and to remove Traytors from the King : Naming particularly Robert de Vere Duke of Ireland , Alexander Nevil Archbishop of York , Michael de Pole Earl of Suffolk , Robert Tresylian the false Chief Justice , and Nicholas Bramber the false Knight of London ; whom they averr'd to be Traitors , and ( flinging down their Gloves ) that they were ready to prove them to be such by Battle ; [ a manner of Tryal not unusual in those times . ] To which the King himself answered , That it shall not be determined in that manner , but in the next Parliament , which We appoint to be the Morrow after the Purification of the blessed Virgin next ; where both Parties coming , should have Justice done according to Law : And in the mean time all of them to be in the Kings protection , without injuring one another . — And so after some friendly Discourse , and Drinking with the King , they departed thence . And two days after , the King ( the more to appease the Lords , and satisfie the people ) caused Proclamation to be made in London , seeming in Excuse of the Duke of Gloucester and his Associates , but indeed to amuse them , and preserve his dear Favourites from threatned Violence ; the Tenour whereof was to this effect . RIchard , KING , &c. We hereby make known to all our Liege and faithful Subjects throughout our whole Kingdom of England , That whereas Tho. Duke of Gloucester , Rich. Earl of Arundel , Tho. Earl of Warwick , have been by certain persons who little understood the truth of Affairs , Defamed as Traytors to Vs and Our Kingdom ; We therefore having as becomes us , with the highest Deliberation and greatest Diligence weigh'd the cause of such Scandal , and most diligently to our utmost Power , searching to the bottom for the Truth , with the assistance of our Council , do not finde any thing done or acted by them worthy of the blot of Suspicion , much less any scruple of Evidence of their being guilty : Whereupon we have Decreed to declare the said Defamation to be false , unjust , wicked , and wholy void of all Truth : And we do testifie the said Duke and Earls to be worthy of good Fame , and Innocent , and not so much as suspected of any Crime ; and as much as in us lies , and as we are able , we will approve and maintain them so to be , and do take them hence-forwards into our Special Protection . Farthermore , We are willing to make known to all Persons by these Presents , who are their Defamers ; Viz. Alexander Archbishop of York , Robert Duke of Ireland , Michael Earl of Suffolk , Robert Tresylyen Our Chief Justice , and Nicholas Brembre of London , Kt. whom also We take into Our Protection , that they may Answer whatever shall be objected against them in Our next Parliament , Commanding that none on any pretence whatsoever , shall either to Them , or the forenamed Lords , openly or secretly , offer any kind of disturbance , grievance , or obedience , till such prefixt time of Our Parliament . But for all these fair words , the Popular Lords knowing the Kings Mutability , and as well the Influence those his ill Counsellors had over him , as their malice and perfidiousness , thought it the safest course not to separate themselves , but with a vigilant Eye to observe the Motions of Affairs . The Duke of Ireland and the rest accused , did not appear with the King at this Meeting , and 't was their wisest course to be absent ; for 't is believ'd the Kings Presence would scarce have been able to protect them : Nor had they any mind to hazard themselves on the Justice of the next Parliament ; but rather resolv'd , if they could , to secure themselves by Arms. To which purpose the Duke of Ireland was all this while raising of Men in Cheshire and Wales , either by the Kings Commission or Connivance ; and that it was more than the latter , may justly be suspected , because when he had made considerable Levies , the King commanded Thomas Molineux , a man of great Courage and Conduct , Constable of the Castle of Chester , to accompany and safe conduct the said Duke with all the Forces he could make , to his Majesties Presence . The Adverse Lords being Advertis'd of these Preparations , and that they were upon their March , beset the Ways by which the Duke should pass to London , resolving to encounter him before he should have encreas'd his Power , and countenanc'd his Actions with the Name and Presence of the King. Accordingly Henry Earl of Derby , Son of the Duke of Laneaster , met them at a place called Babbelak● near Burf●rd in Oxfordshire ; whom the Duke no sooner saw , but contrary to the Resolution of most of those that were with him , he prepared for flight ; however Molineux prevailed with him to joyn Battel ; but scarce ten Ounces of Blood was lost on both sides , before the Duke ( who had been so good at raising Quarrels , shew'd himself as bad at stinting them , and ) set Spurs to his H●rse , and forsook the Field ; whereby all his Men being disheartened , and Sir Thomas Molineux slain , the Earl of Derby obtain'd a cheap , but intire Victory , allay'd with nothing but the escape of Ireland ; who having mounted a fleet Nag , and being to pass a River , cast away both Gauntlet and Sword to be the lighter , and so swam over , and got first into Holland ; where finding but cold Entertainment , he went to Vtrecht ; and after two or three years rambling up and down as a Fugitive , died at Lov●●n in Brabant . Though his War-horse and Armour being found on the Brink of the River , raised a general Report that he was Drown'd ; which probably might facilitate his escape . Amongst his Baggage was taken a very considerable sum of Gold , and ( what was of greater value ) the Kings Letters , ordering his present Repair to London , and promising to live and die with him against all Opposers . But this Disaster Thunder-struck the whole Cabal ; The Earl of Suffolk in disguise flies to Calice , where his own Brother being Governour of the Castle , refused to harbour him without the consent of the Lord William Beauchamp Governour of the Town , who return'd him back as a Prisoner into England to the King : But the King not onely let him go at large , but sent for over , and for some time Committed the said Beauchamp for such his honest diligence : The rather , 't is supposed , because he had formerly , for the Kings Interest , thwarted his pleasure : for on the late Bargains and private Intrigues with France , King Richard having as aforesaid , sold Calice to the French King , sent a Knight with Letters under his Privy-Signet , commanding Beauchamp to deliver up the Town to him , and one Sir John Golofre with other Letters to the French King : but he knowing the vast Importance of the place , and believing the King imposed upon by wicked Councel , resolutely answered , That the Custody and Government of the Town was committed to him in the Presence and by the Authority of the King and the Nobles of the Realm openly and publickly , and he would not surrender it in Hugger-mugger , nor part with his Command but in their presence . And also he took Golofre's Letters to the French King from him , and privately transmitted them to the Duke of Gloucester . For which Affronts fronts the King waited an opportunity to be reveng'd , and had proceeded 't is thought more severely , but that the said Beauchamp was a person extreamly beloved , and the King was not at present in a condition to use rigours ; and so by the Mediation of Friends he was quickly discharg'd . The rest of the hated Faction , as the Archbishop of York , Justice Tresylian , and others , ran every man like Coneys to their Covert , and were not to be heard of : Nay the King betook himself to the Tower of London , and there made Provision for his Winter-Quarters ; all his Designes being frustrated , first by Rashness in taking Arms , and afterwards by Cowardise in using them . And to adde to his Confusion , about the same time an Envoy from the French King was taken with Letters , whereby the French King Licens'd King Richard , the Duke of Ireland , and some others , with Attendants to such a number , to come into Boloign , where he would be ready to receive them with great Pomp , and from them receive the Possession of Calice , and other strong Holds ; for which he had ( says Walsingham , fol. 332. ) already paid King Richard. The Lords therefore perceiving such considerable Territories ready to be lost abroad , as well as Extravagancies practised at home , hasten'd their March first to S. Albans , and next to London , where with an Army of Forty thousand men , they Arrived on S. Stephen's day ; the Citizens furnishing them with Victuals ; and whether more out of Fear or Love. I cannot say , offered to let them into the City ; but they chose rather to quarter in the Suburbs ▪ pro●●sting not to depart without personal Conference with the King , which at last he granted ; permitting them first to search the Tower , to prevent any Surprize . The Duke and Earls then waited upon him , and after a few cold Complements laid before him , the Confederacy against their Lives at Nottingham , his Letters to the Duke of Ireland , contrary to his Royal Word , together with his dishonourable Treaty to deliver up Calice to the French King , &c. The King heard them at first with silence and patience , and afterwards with a dejected Countenance , and not without some Tears , seemed to acknowledge that he could neither deny or justifie what they complain'd of ; and certainly the Stomachs of the Lords must needs more Relent to those luke-warm drops , than they would to his greatest violence . So agreed it was , that he would meet them next day at Westminster , there to treat of these and other necessary Affairs of the Realm . But no sooner were they gone , but some Abusers of the Royal Ear suggested , that his going thither would be neither Honourable nor safe , but bring both his Person into present danger and contempt , and occasion a future Abridgment of his Authority : Whereupon the Kings Mind turned , and began to Retract his promise . This heated the Lords so much , that being flusht with opportunity and power , they sent him peremptory word , That if he did thus faulter with them , and would not appear to Consult the good of the Realm , they would take other measures : Intimating no less than the Election of another . This so work'd upon the King , that he was pleased to meet them , and to consent ( though not without some Reluctancy ) that several of his Minions should be banisht the Court ; as Nevil Archbishop of York , the Bishop of Durham , Friar Rushok the Kings Confessor , and Bishop of Chichester ; ( but both he and York had already shewed them a fair pair of Heels : ) The Lords Souch , Harmyworth , Burnel , and Beamont ; and several Knights , as Sir Alberick Vere , Sir Balwyne Bereford , Sir John Worth , Sir Thomas Clifford , Sir John Lovel , &c. Together with certain Ladies , Quae non tantum inutiles , sed infames ; Who were ( saith Walsingham ) not only unnecessary , useless , and unprofitable at Court , but likewise scandalous and infamous : And these were the Lady Mowen , the Lady de Molyng , and the Lady Ponyngs , Wife to the said Sir John Worth ; who all were obliged to appear next Parliament . There were likewise actually taken into Custody , Sir Simon Burley , Sir Thomas Trivet , Sir Nicholas Brember , and divers other Knights ; Clifford , Lincoln , and Motford , Clerks ; John Beauchamp de Holt the Kings Steward , or Privy-Purse , Nicholas Lake Dean of the Chappel , and John Blake Barrister at Law , who were all disposed in several Castles . After Candlemas , 1388 , the Parliament began at London , ( though the King used many means to dash or defer the same : ) The Lords came attended with sufficient Strength to suppress any Rebelli●n , or Tumult that might happen ; and contin●●d their Sitting till Whitsuntide , to the great Fear of some , Hope of others , and Expectation of all : Part of their first Work was for several days to Summon the Duke of Ireland , the Archbishop of York , Michael de Pole Earl of Suffolk , Tresylian the Chief-Justice , and Sir Nicholas Brember Citizen of London , to answer to the Treasons wherewith they stood charged : but none of them appearing , they were all Out-law'd , and their Lands and Goods forfeited and seized into the Kings hands , with a provision by common consent in Parliament that they should never be pardon'd or permitted to appear again in England . The Appeal or Charge exhibited against them in Parliament tho' long , is yet remarkable ; and not being extant in English , I shall so far presume on the Reader 's Patience , as to insert it , Translated from the Original , as we find it in Knyghton de Eventibus Angliae , Col. 2713. as follows , viz. TO our Most Excellent and redoubted Lord the King , and his Council , in this present Parliament , do shew Tho. Duke of Glocester , Constable of England , Henry Earl of Derby , Richard Earl of Arundel and Surry , Thomas Earl of Warwick , and Tho. Earl Marshal ; That whereas they the said Duke and Earls , as Loyal Subjects of our Lord the King , for the profit of the King and Realm , on the Fourteenth day of November last past , at Waltham-Cross in the County of Hertford , did before the most Reverend Fathers in God William Bishop of Winch●ster , Thomas Bishop of Ely , late Chancellour of England , John Waltham . then Lord Privy Seal , John Lord Cobham , the Lords Richard le Scrope , and John Denross , then Commissioners of our Lord the King , Ordain'd and made in the last Parliament , Appeal [ Accuse or Charge ] Alexander Archbishop of York , Robert de Vere Duke of Ireland , Michael de Pole Earl of Suffok , Robert Tresylian the false Justice , and Nicholas Brember the false Knight of London , of several High Treasons by them committed against the King and his Realm , and did offer to prosecute and maintain the same , and sufficient Sureties to find , praying the said Lords to certifie the same to their said Soveraign Lord ; which the same day the said Commissioners did accordingly certifie to the King at Westminster , where most of the said persons so Appealed being present , were fully informed and certified of such Appeal . And whereas shortly after , by the Assent of the King and his Council , the said Thomas Duke of Glocester , &c. coming to Westminster , in presence of the King , and of his Council there , for the profit of the King and his Realm , did again Appeal the said Arch-bishop of York , and other false Traytors , his Companions , appealed of High Treasons by them committed against the King and his Realm , as Traytors and Enemies to the King and Realm , in affirmance of their former Appeal , offering to pursue and maintain it as aforesaid . Which Appeal our Lord the King did accept , and thereupon assigned a day to the said Parties at his first Parliament which should be holden on the Morrow after Candlemass next insuing , then to have & receive full Justice upon the said Appeal ; and in the mean time took into his safe and most special protection the said Parties , with all their people , Goods and Chattels , and caused the same to be then proclaimed and published . And whereas also on Monday next after the day of the Nativity of our Lord Christ next after , the said Duke of Gloucester , &c. in the presence of the King , in the Tower of London , as Loyal Subjects of the King and his Realm , did appeal the said Archbishop of York , &c. as false Traytors , &c. Whereupon the King assign'd them a day in the next Parliament to pursue and declare their Appeal , and by the advice of his Council did cause Proclamation to be made in all the Counties of England , by Writs under his great Seal , That all the said persons so Appealed , should be at the said Parliament to answer thereunto . Which Appeal the said Duke of Gloucester , &c. the Appealors , are now ready to pursue , maintain , and declare , and do by these Presents , as loyal Subjects of our Lord the King , for the profit of the King and Realm , Appeal the said Archbishop , &c. of High Treasons by them committed against our Lord the King and his Realm , as Traytors and Enemies of both King and Kingdom ; which Treasons are declared , and fully specified in certain Schedules hereunto annexed : and they do pray that the said persons Appealed may be called , and Right and Justice done in this present Parliament . Imprimis , Thomas Duke of Gloucester Constable of England , Henry Earl of Derby , &c. do Appeal and say , that Alexander Archbishop of York , Robert de Vere Duke of Ireland , and Michael de la Pole Earl of Suffolk , false Traytors to the King and Realm , seeing the tender Age of our said Lord the King , and the Innocency of his Royal Person , have by many false Contrivances , by them without Loyalty or Good Faith imagined and suggested , endeavoured wholly to Ingross his Majesties Affection , and to make him intirely give Faith and Credence to what they should say , though never so pernicious to himself and his Realm , and to hate his Loyal Lords and People , by whom he would more faithfully have been served ; Encroaching and assuming to themselves a power to the endefranchising our Lord the King of his Soveraignty , and imparing his Royal Prerogative and Dignity , making him so far obey them , that he hath been sworn to be govern'd and counsel'd only by them ; by means of which Oath , and the power they have so trayterously usurped , great inconveniencies , mischiefs , and destructions , have hapned , as by the subsequent Articles will appear . 2. Item , Whereas the King is not bound to make any Oath to any of his Subjects , but on the day of his C●ronation , or for the common profit of him and his Realm , the said Bishop . Duke , and Earl , false Traytors to the King and Realm , have made him swear and assent to them , that he will maintain and defend them , and live and die with them . And so whereas the King ought to be of a free condition above any other in his Realm , they have brought him more into Servitude and Bondage , against his Honour , Estate , and Royalty , contrary to their Allegiance , and as Traytors unto him . 3. Item , The said Traytors , by the Assent and Councel of Robert Tresylian the false Justice , and Nicholas Brember the false Knight of London , by their false Covin would not at all suffer the great Persons of the Realm , nor the good Subjects of the King , to speak to , or approach the King , to give him wholsome advice , nor the King to speak to them , unless in the presence and hearing of them the said Duke of Ireland , &c. or two of them , at their will and pleasure , or about such things as they thought fit , to the great disgrace of the Nobles and good Counsellors of the King , and to the preventing of their good will and service towards the King , thereby encroaching to themselves the Royal power , and a Lordship and , Soveraignty over the person of the King , to the great dishonour and peril of the King , his Crown and Realm . 4. Item , The said Archbishop , &c. by such their false devices and pernicious Councels , have diverted the King from shewing due countenance to his great Lords , and Liege People , so that they could not be answered in their Suits and Rights , without the leave of them the said Archbishop , &c. Thereby putting the King besides his Devoir , contrary to his Oath , contriving to alienate the Heart of our Lord the King from his People , that they might engross amongst themselves only the Government of the Realm ; whereby they have caused our Lord the King , without the Assent of the Realm , or any desert in them , to have given away by their Abetment many Lordships , Castles , Towns , and Mannors , as well annexed to his Crown , as others : As particularly the Land of Ireland and Okam , with the Forest and Lands which did belong to the Lord Dandelegh , and great quantities of other Lands , to the said Duke of Ireland , and divers others , whereby they unworthily are vastly inriched , but the King rendred , poor , and unable to sustain and defray the Charges of the Government , unless by Impositions , heavy Taxes and Tributes laid upon his People , to the disinherison of his Crown , and the destruction of the Realm . 5. Item , By such Encroachment of the said Archbishop , &c. and by the Counsel of that false Justicer Tresylian , and Brember the false Knight of London , they have caused our Lord the King to have given away divers Mannors , Lands , Tenements , Offices , and Bailywicks , to divers other persons their Creatures , and such as they could confide in , and to others , of whom they have taken great Gifts by way of Brokage for that purpose , and to stand by them in their false Suits and ill purposes , to the great prejudice of the King and Realm , such as Sir Robert Mansel Clerk , John Blake , Thomas Vsk , and divers others . 6. Item , The said Duke , &c. Encroaching to themselves the Royal Power , have caused the King to give very great Gifts of Gold and Silver , as well of his proper Goods and Jewels , as of the Goods and Treasure of the Realm ; as Tenths , Fifteens , and other Taxes granted by divers Parliaments to be expended for the defence and safeguard of the Kingdom , which yet to the value of One hundred thousand Marks have been lavisht away upon the said Duke of Ireland , and others . And though many good Ordinances and Laws have been made in Parliament , as well for maintaining and carrying on of Wars , as for the defence of the Realm ; yet they have been by them disturbed and defeated , to the great dishonour and damage of the King and Realm . 7. Item , By such Encroachment , and the great Gifts and Brokages taken by the said Duke of Ireland , &c. it came to pass that divers unfit and insufficient persons were preferred to , and intrusted with the keeping and government of divers Garrisons , Castles , and Countries involved in War , as in Guyen and elsewhere , both beyond and on this side the Sea ; whereby the said Strong-holds have been lost , the Countries wasted , and the People , faithful Subjects to the King , destroyed , and great Seigniories newly rendred into the hands and possessions of Enemies , without the Assent of the Realm , as the Marches of Scotland , &c. to the disinherison of the Kings Crown , and the great loss of the Kingdom , as in Harpeden and Craddock , and divers others . 8. By the same means , the said Archbishop and his Fellow-Traytors have caused divers people to be disturbed and deprived of Right , and the Common Law of England , and put to intolerable delays , losses and costs ; and the Statutes and Judgments which rightfully for necessary Causes have been made and given in Parliament , have been reversed and annull'd by the procurement of the said Malefactors and Traytors ; and all this because of the great Gifts and Brokages by them received of Parties , to the grand mischief of the King and Realm . 9. Item , The said Archbishop and other Traytors have caused and counselled our Lord the King to grant Charters of Pardon of horrible Felonies and Treasons , as well against the State of the King , as of the Person injured and prosecuting ; which thing is against the King , and the Oath of the King. 10. Item , Whereas the said Seignories of the Land of Ireland are , and time out of mind have been parcel of the Crown of England , and the People of Ireland , Liege Subjects to our Lord the King , and his Royal Progenitors Kings of England , who in all their Charters , Writs , Letters Patents , and in their Seals , have for the Augmentation of their Renown and Royalty , been intituled , Lords of Ireland ; yet the said Archbishop , &c. as false Traytors , by their said Encroachment , have caused and counselled our Lord the King as much as in him lies , to have granted and fully assented and accorded , that the said Robert de Vere Duke of Ireland , should be made King of Ireland . And to compleat such their ill purpose , have advised and excited our said Lord the King to send his Letters to our Holy Father the Pope , to grant , ratifie , and confirm this their trayterous Designe , without the privity or assent of His Realm of England , and of the said Land of Ireland , to the dividing the Liegance of the King between his Realm of England , and the said Land of Ireland ; in diminution of his Majesties honourable Stile , and open disinherison of the Crown of England , and full destruction of the lawful Liege Subjects of our Lord the King , and of the said Land of Ireland . 11. Item , Whereas by the Great Charter , and other good Laws and Vsages of the Realm of England , No man is to be taken , nor any Prisoner put to death , without the due process of Law ; The said Nicholas Brember the false Knight of London , did take by night , certain Prisoners , to the number of 22 , out of the Gaol of Newgate , some of them being Indicted and Appealed of Felony , and some Approvers in cases of Felony , and some on suspition of Felony , and carried them out of London into Kent , to a place called Foulhoke ; and there encroaching on the Royal Power , and in Defiance of the said Laws , as a Traytor to the King , did without any Process of Law , cause them all to be Beheaded , except one who was Appealed of Felony by an Approver , whom he set at large the same time . 12. Item , The aforesaid Archbishop and other Traytors have in small Causes taken great Gifts in the Name of the King , of divers Parties , to maintain and abet them in their Suits and Quarrels , and sometimes have play'd the Ambo-dexters , and taken Money of both sides . 13. Item , Whereas divers of the great Lords , Loyal Subjects to the King , in divers Parliaments , seeing the dangers , and apprehending the destruction threatning the King and Realm , by means of the Mischiefs of these Malefactors , have moved to have good Governance under the King , to avoid the said Perils ; The forenamed Archbishop and other Traytors by their Encroachment and fatal Influences have so ordered Matters , that the King has not onely been deaf to all such Perswasions , but also has Commanded some of those that moved it , to depart from his Council , and to speak no more of such Matters ; Nor touching the good Governance of the King and Kingdom , on pain of Death , to the great prejudice of the King and Kingdom . 14. Item , Whereas in the last Parliament , all the Lords and other Sages there assembled , seeing the loss and destruction of the King and Realm , and the perils and mischiefs aforesaid : and that the King was departed from the Council of the Realm , and wholly abandon'd himself to the Counsels of the said Malefactors and Traytors : By means whereof the French King had Ships , and a Royal Power on the Sea , ready to have arrived in England ; and the said Realm , and the very Language of England to destroy : And yet no Provision was made , or good Governance taken for the safety of the King , nor of the Realm . Finding no other Remedy , did Remonstrate to the King very fully , how he was Ill-advised , and Affairs most perniciously manag'd by the aforesaid Traytors and Malefactors , declaring to him their wicked Conditions ; and most humbly beseeching him for the safety of himself , and of all his Realm , & avoiding the said impending dangers , to forsake and turn these Traytors from his Presence and Company , and no longer to conduct himself after their evil Counsel ; but to hearken to the sage , loyal , and discreet persons of his Realm . Whereupon the said Archbishop and other Traytors , to defeat this wholsom Advice of the Parliament , by their false Counsel did then cause the King to command the Mayor of London suddenly to levy a great Power of the People of that City , to attaque and put to death all the said Lords and Commons , except such as were of their Cabal : At the Execution of which Villany , the said great Malefactors and Traytors should be present and Parties , to the scandal and great disservice of the King and his Realm . 15. Item , When the said Archbishop and other Traytors perceived that the said Mayor and good People of London had openly refused in the presence of the King , to accomplish such their Treachery and lewd purposes , touching the Murder of the saids Lords and Commons : They then by such their trayterous Encroachment falsly Advised the King , and so far prevailed , that our Lord the King did absent himself from his Parliament for many days , and did certifie them , That he would never Approach the said Parliament , nor Commune with the said Lords and Commons touching the Affairs of the Realm , for any danger , loss , or mischief that might happen to him or his Realm , unless he were first assured by the said Lords and Commons , that they would not say or act any thing in that Parliament against any of the said Malefactors , save only in the Process which was began against Michael de la Pole : All which was to the great disservice of the King and of his Realm , and contrary to the Ancient Ordinance and Liberties of Parliament . 16. Item , The said Lords and Commons of the Realm , after they found the Kings Will by the malignant Counsel and excitement of the said Arch-Bishop and other Traytors to be such , that he would not suffer any thing to be commenced , prosecuted , or done , against the said Malefactors and Traytors ; were pleased to acquiesce , and not proceed therein any further against his pleasure . And afterwards in the said Parliament , taking the Advice and Counsel of all the Lords , Judges , and other sage Commons of the said Parliament , how the Estate of the King and his Royalty might best be preserved from the Perils and Mischiefs aforesaid , could not find any apter Expedient , than to ordain , that Twelve of the Loyal and sage Lords of the land should be of Council to the King for one year then next ensuing : And that there should be made during that time , a 〈◊〉 and Commission , whereby they should hav● 〈◊〉 and sufficient Power to order Matters for 〈◊〉 Government of the King , and of the Realm , and what appertained to the King , as well on this side as beyond the Seas ; And to repel , repair , and redress what ever should have been ill done against the Estate , Honour , and Profit of the King and Kingdom , and to do divers other things necessary for the King and Realm , as in the Commission thereupon issued , and remaining of Record in Chancery , is contained . And that no person should presume to Counsel the King , or any way move him against the said Ordinance and Statute , on pain of forfeiting for the first Offence , all their Goods and Chattels ; and pain of Death for the second : such Expedient and Ordinance to be made , if it would so please the King , and not otherwise . To which Ordinance or Statute , all the Judges of the Land agreed , and gave their consent unto , and Advice for the same , as well in presence of the King , as of the Lords . And also , our Lord the King did fully give his Assent to the same ; and thereupon the said Ordinance , Statute , and Commission , were made and accorded unto by the Assent of the King , and of the said Lords and Judges , and other Sages and Commons Assembled in that Parliament , for the Saf●●y of the King , his Royalty and Realm . And yet after the end of the said Parliament , the aforesaid Tr●y●●rs and Malefactor , by such their evil 〈◊〉 . falsly and trayterously did inform the King , That 〈…〉 Statute , and Commission were made in Derogation of his Royalty ; and that all those who procured or advised the making thereof , or counselled the King to assent thereunto , were worthy of Death as Traytors to the King. 17. Item , That after this the said Traytors , the Archbishop , &c. caused the King to Assemble a Council of certain of the Lord-Justices and others , without the Assent or Presence of the said Lords of the great Council , to whom they made many Demands , and very much suspicious , touching divers Matters whereby the King , the Lords , and the Common-people have been involved in most grievous trouble , the whole Realm disquieted , and the Hearts of many withdrawn from the King , saving their Allegiance . 18. Item , To accomplish their said High-Treasons ; the said Traytors , the Archbishop , &c. caused the King to go with some of them throughout the midst of his Realm , and to make the Lords , Knights , Esquires , and other good people , as well in Cities and Boroughs , as in other Places , to come before him , and there to become bound , by some Obligations , others by their Oaths , to our said Lord the King , to be with him against all people , and to accomplish the purpose of the King , which at that time was to accomplish the will and purposes of the said Malefactors and Traytors , drawn in thereunto by their false Contrivances , Flatteries , and Deceits : Which Securities and Oaths were made against the good Laws and Vsages of the Land , and contrary to the Oath of the King , to the great dishonour of the King and Kingdom : By means of which Oaths so inforced , the whole Realm was Embroil'd in great Murmurs and trouble by the said Traytors , and in danger to have suffered divers important Mischiefs . 19. Item , To inforce their purposes , the said Traytors caused the King to absent himself in the furthest parts of this Realm , to the intent that the Lords appointed by the said Ordination , Statute , and Commission , might not Confer and Advise with Him touching the Affairs of the Realm : to the interruption and hindrance of the purport and effect of the said Statute and Commission , and great prejudice of the King and Realm . 20. Item , The said Malefactors and Traytors , after they had Estranged both the Person and good will of the King from the said Lords so Commissioned , and that he esteem'd them Traytors and Enemies , and that they had obtain'd the Opinions of the Judges suited to their wicked purposes , did agree and design , That several of the said Lords , and also divers Loyal Commons , should be first Arrested , and then Indicted in London and in Middlesex , and by false Inquests Attainted of certain Treasons falsly imagined against them , and so put to shameful Death : To which purpose they had procured an evil and false person of their Conspiracy , called Thomas Vsk , to be Vnder-Sheriff , by whose means the said false Inquests were to be taken , and the wicked Design accomplished by colour of Law. And for the more compleat effecting thereof , they caused the King to send his Letters of Credence by John Rypon a false Clerk , and one of their Cr●w , directed to the Mayor of London , That he should seize the said Duke of Gloucester , and others therein named , to be Indicted for certain Treasons , in such manner as the said Nicholas Brember the false Knight , and John Blake , who were thereof fully informed , should direct : By vertue of which Letters of Credence , Brember and Blake carried to the Mayor the said false Indictment , commanding him on behalf of the King , that to his power he should promote the same . And also they ordered , that a strong Watch should be set to seize my Lord Duke of Lancaster upon his first Arrival . 21. Item , The said Traytors having trayterously informed the King , that he should believe that the said Ordination , Statute , and Commission , were made in derogation of his Royalty and Prerogative ; did further perswade him , that the same was made with an intention to degrade , and finally to depose our Lord the King : And perceiving that thereby he lookt upon his Loyal Lords as Traytors and Enemies , They yet further advised Him , that by all means possible , as well by the power of his own Liege People , as by the force of his Enemies , the French and others , he should destroy and put to death the said Lords and others that assented to the making of the said Ordinance , and that the same might be done so privily that none should know of it till it was done . 22. Item , In order to these Treasons , by their Counsels , they caused the King to send Letters to his Enemy the French King , some by Nicholas Southwell Groom of his Chamber , and others by other persons of base condition , as well Aliens as Denizons , requiring and praying the said French King , that he would with all his Power and Counsel Aid and assist our Lord the King , to destroy and put to Death the said Lords and others , whom they had so falsly represented as Traytors , to the great Disturbance of the whole Realm . 23. Item , That usurping to themselves Royal Power , they caused the King to promise the French King by his Letters Patents and Messages , for such his Assistance to accomplish the said Treason and Murder , to give and surrender to the said French King the Town and Castle of Calice , and divers other Forts and Places ; as Brest , Chirburgh , and others , &c. to the great dishonour , trouble , and prejudice of the Realm . 24. Item , That after this trayterous Contrivance , it was agreed between our Lord the King and the French King , by the instigation and influence of these Traytors , that a Parley or Interview should be had in the Marches of Calice , and a Truce of five years between the Realms of England and France : At which Interview , by Treachery , the said Lords and others whom the King took for Traytors , attending him thither , should there by Treachery be slain . In order to which , they procured several Letters of safe Conduct from the said French King , for the said Duke of Ireland's going into France , to accomplish this ill purpose and Treason ; which Letters are ready to be shewn . 25. Item , That the said Brember , by the Assent and Counsel of the said other Traytors , did come into London , and without the Assent or knowledge of the King , did cause all the Companies of the City to be sworn to hold and perform divers Matters , as they are contained in the said Oath , which is of Record in Chancery : And amongst other things , That they should hold with and maintain the Will and purpose of the King to their power , against all that are or shall be Rebels , or contrary to his Person , or Royal pleasure : And that they should be ready to destroy all those which do or shall purpose Treason against our said Lord the King , in any manner ; and be ready with their Mayor to resist during life , all such Traytors , &c. At which time the King , by the Mis-information of the said Evil-doers and Traytors , and by the false Answers of the Justices , did firmly hold the said Lords and others , who assented to the making of the said Ordinances , Statute , and Commission , to be Rebels , Traytors , and Enemies unto him : By all which , the said Traytors endeavoured to stir up the said People of London to destroy the said Lords and other Loyal Subjects . 26. Item , The said Brember and other Traytors to the King and Realm , usurping to themselves Royal Power , Did of their own Authority , without any Warrant from the King or his great Council , cause Proclamation to be made through the City of London , That none of the Liege Subjects of our Lord the King , should Sustain , Comfort , or Aid , Richard Earl of Arundel and Surrey , ( one of the Lords of the Kings Great Council , during the said Commission ; ) nor sell him any Armour , Victuals , or other Necessaries , on pain of being preceeded against as Rebels ; carrying about and shewing a Patent of the Kings , but of another Tenor , the better to compass such their false Proclamation . 27. Item , They also caused it to be Cryed and Proclaimed in the said City of London , That no person should be so hardy as to presume to speak any ill , or utter any word or expression against them the said Malefactors and Traytors , or any of them , on pain of forfeiting all they had ; Which was an Encroachment on the Royal Power . 8. Item , The said Archbishop , Chief Justice , and other Traytors , caused the King to command his Council to make certain persons throughout England Sheriffs , who were named [ or recommended ] to him by them the said Traytors , with an intent to get such persons as they should name returned for Knights of the Shire to serve in Parliament ; And to keep out from thence Gentlemen good and loyal , against the good Laws and Customs of the Land. 29. Item , The said Traytors during the time that the King had so taken both Parties into His Protection as aforesaid , did falsly counsel and prevail with the King to command by His Letters divers Knights and Squires , Sheriffs , and other Ministers of several Counties , to Levy Men and assemble all their Power to joyn with the said Duke of Ireland , against the said three Lords now Appealing , suddenly to make War upon and destroy them . 30. Item , During the time of the same Protection , they caused the King by His Royal Letters , to signifie to the said Duke of Ireland , Not onely that he and others were Appelled of Treason as aforesaid ; but also that he should have sufficient Power to guard him , and come with him to the King. And afterwards caused Him to write again to the said Duke of Ireland , That he should take the Field with all the Forces he could assemble ; And that the King would meet him with all his Troops , and would expose and venture his Royal Person : And that the King was in great peril for Himself and his Realm , unless succor'd and aided by the said Duke : And that the said Duke should shew and declare to all the people assembled with him , That the King would bear and pay all Debts and Costs of the said Duke of Ireland , and all that joyn'd with him . By vertue of which Letters , and the evil and trayterous Instigation as well of the said Duke , as of his Adherents and other Traytors , The said Duke of Ireland did actually Levy and Assemble great numbers of Men at Arms , and Archers , as well of the Counties of Lancaster , Cheshire , and Wales , as of other places of the Realm , in Warlike manner , to destroy and put to death the said Lords , who had consented to the making the said Ordinance , Act of Parliament , and Commission , in Defence of the King and Realm . 31. Item , That having thus Trayterously Levied Forces , the said Duke marched with them through the midst of England , and usurping the Royal Power , did cause the Kings Banner to be Displayed before him , contrary to the Estate of the King , and of his Crown . In which March the said Duke and his Accomplices were by the Grace of God disturbed , and prevented from their evil purposes . 32. Item , That the said Duke of Ireland , by the Counsel and Abetment of the rest of the fore-named Traytors , encroaching to himself the Royal Power , without the usual Commission of the King , or other sufficient Warrant , Did make himself Justice of Chester , by him and his Deputies to hold there all manner of Pleas of the Crown , and thereupon to give Judgment , and Award Execution : And also caused divers Original and Judicial Writs to be Sealed with the Great Seal of the King in that behalf used : And thereby compelled a great part of the people of those Counties to joyn with him , or otherwise put some of them to grievous and tormenting Death , Imprisoned others , and Seized the Lands of others , &c. And all this to make War , and destroy the said Lords , and other Loyal Subjects of the King , and against the Defence of the Realm . 33. Item , That the said Traytors have caused the King to grant great Retinues to divers people , and give them Badges and Ensigns otherwise than ever was used in the time of any of his Progenitors ; and this with design to gain greater power to accomplish their Treasons . 34. Item , Fully to compleat all such their before-mentioned and other Treasons , and to make the King wholly confide in , and relie upon them and their Councels , they caused the King to call before him divers Justices and People of the Law , that is to say , Robert Tresylian , Robert Belknap , John Care , John Holt , Reger Fulthorp , William Burgh , six Justices , John Lockton Serjeant at Law , and John Blake : Of whom he did by the contrivance of the said Traytors demand , Whether the before-mentioned Act of Parliament and Commission were made in derogation of his Royalty and Prerogative , or not ? and several other Questions ; to which they Answered in manner and form before set forth , &c. These were the Articles Exhibited ; but the prime Delinquents , as the Duke of Ireland , the Archbishop of York , and the Earl of Suffolk , were fled , and the rest absconded : The Chief Justice Tresylian having disguis'd himself , lay hid at an Apothecaries House near the Gate going into the Old-Palace at Westminster . But on Wednesday the 11th Calends of March , being discovered by his Servant , he was taken and brought by the Duke of Glocester to the Parliament , who immediately Awarded Execution against him ; so that he was the same day drawn from the Tower through the midst of the City of London to Tyburn , and there hang'd : That Judgment having formerly been pass'd upon him , when ever he could be found , in the same Parliament . The very next day they met with Sir Nicholas Brember , whom the King had often before preferred to be Mayor of London , against the will of the Citizens , and who had been the occasion of many Oppressions and Seditions in that City : It was reported of him , that whilst he was in power , he had caused a common Hatchet to be made , wherewith to cut off the Heads of all that opposed his Exorbitant doings , and caused a List to be made of a vast number of the Citizens Names whom he designed for destruction , of whom he had procured Eight thousand five hundred and upwards to be already Indicted ; But was now before he could bring to pass such his malicious bloody purpose , Himself Beheaded with the very same Instrument ; the King interceding for him with the Parliament , that he might not be Hang'd . This Gentleman if he had lived was to have been made Duke of Troy , meaning thereby London , which anciently was said to have sometimes been called by that Name . Shortly after Vske the under Sheriff of London , and the before-mentioned John Blake the Lawyer , were likewise drawn from the Tower to Tyburn , and there Hang'd and Beheaded , and the Head of the said Vske placed upon Newgate . In the beginning of May , Sir Simon de Burlee was Condemned for High-Treason ; but the King dispensing with his Drawing and Hanging , he was Beheaded on Tower-hill . This person by his ill Practises had in few years increas'd his small Patrimony of 20 Marks , to an Estate of above Three thousand Marks per annum ; and was grown to that excess of pride , that at a Christmass he would give Liveries to a great number of Knights and Squires of the Court , and others , bestowing therein sometimes an hundred and forty , or an hundred and sixty , nay sometimes two hundred and twenty Broad Cloaths , and these of great price , as being Embroidered with Gold , and some of Scarlet . About the same time Sir John Beauehamp was Condemned to be Drawn , Hang'd , and Quarter'd ; but by the Kings Mercy , he had only his Head sever'd from his Body on Tower-hill . The same punishment was inflicted on Sir John Berneys , a Knight belonging to the Court Condemned for Treason and Sedition ; but Sir John Salisbury was drawn from the Tower , and Hang'd at Tyburn . And now the Judges are brought to Judgment , which in the beginning of the Parliament were taken into Custody ; viz. Sir Robert Belknappe , Sir John Care , Sir John Holte , Sir Roger de Fulthorp , Sir William de Burgh , and John Locton Serjeant at Law , who were all condemn'd to be Drawn , Hanged , and Quartered : But by the Mediation of the Queen , the Archbishop of Canterbury , and other Bishops , the King by the consent of the Lords , against whom they had offended , pardon'd the Sentence of Death : But they were Out-law'd and Banisht for ever into Ireland , Two and two to be kept in a place , limited within certain Bounds , which if they should presume to go out of , they were immediately to be Executed on their former Judgment . And for their Maintenance were allowed out of the Kings Exchequer , as follows ; viz. To Fulthorp 40 l. per annum , to Burgh 40 Marks , to Belknappe 30 l. to Holt 40 Marks , and to Care and Locton 20 l. per annum apiece . This being done , a General Pardon is pass'd for all Treasons and Seditions whatsoever , and an Oath ( saith Walsingham ) exacted not only of all the Inhabitants of the Land , but of the King too , to stand to the Regulation of the Lords , ( meaning , as I conceive , those so Commissioned and Authorized for one years space by King and Parliament as aforesaid : ) And then the Parliament broke up in the Month of July . After Whitsontide the Earl of Arundel again puts to Sea , and burns-sinks , and takes Fourscore French Ships ; And likewise Seizes the Isles of Ree and Oleroon ( the latter famous for the Laws Marine , there said to be Compos'd and agreed upon ) with the City of Rochel and divers other places . About the same time the Scots entred England as far as Newcastle , in which young Peircy , Son of the Earl of Northumberland , and for his Valour and Fury in Arms , Surnamed Hot-spur , being them Ingarrison'd , he with a small Party fought with them , and with his own hand slew W. Douglass their Commander in Chief ; but being at last over-powr'd by the coming in of the Earl of Dunbar , was himself taken Prisoner , though at the same time he set free his Countrey : For he had first so weakned them by the destruction of their Men , that they durst not stay longer , but in hast and disorder retreated into Scotland . After Harvest a Parliament was again held at Cambridge , in which many wholsome Laws pass'd ; As against Beggars , Riding Arm'd , giving Liveries to excessive Retinues : Touching Labourers , and Apparel suitable to peoples Ranks : And especially , That none should go out of the Realm to the Pope to procure the Grant of any Benefices in England without the Kings leave , on penalty of being put out of the Kings protection . Also a Tax was granted to the King , being a Tenth of the Clergy , and a Fifteenth of the Laity . In the Year 1389 , a grievous Discord happen'd at Oxford between the Welsh and the Northern Scholars , wherein several were slain , and further mischief threatned ; but by the Mediation of the Duke of Glocester , the Broil was composed , and divers of the Welshmen dismiss'd the Vniversity . In May the King held a Great Council at Westminster , and on Holy-Road-day , being led by the Advice of certain Whisperers , entred suddenly into the Council-Chamber , and taking his Seat , Demanded , How old they took him to be ? Being answered , Somewhat upwards of One and twenty years : Then ( replyed He ) I am of full Age , and capable to manage my Inheritance my self ; for sure 't is unjust that I should be in a worse condition than any other in my Kingdom ; for every Heir after the death of his Ancestor , comes to his Estate , and takes it into his own hand at one and twenty years of age . This the Lords perhaps might be unwilling to Grant , but more unable and afraid to deny : And therefore the King went on with his Speech ; — 'T is well known , that for many years I have lived under your Tutelage and Governance , and for the pains therein We thank you ; but now having attained to Our Legal Age , We are resolved to be no longer in Ward , but to take into Our hands the Government of Our Realm , and to appoint such Officers and Ministers as We think fit , and remove others at Our pleasure . Accordingly he forthwith commanded the Bishop of York , then Lord Chancellour , to Resign the Seal ; which being done , the King put it up in his Bosom and went away , but soon after returned , and gave it to William of Wickham Bishop of Winchester , making him Lord Chancellor : He likewise turn'd out the Bishop of Hereford from the Office of Treasurer , and put in another in his room ; and chang'd several other chief Ministers of State , partly to shew his Authority , partly to satisfie his Displeasure ; As particularly he suspended his Vncle the Duke of Glocester , and the Earl of Warwick and others from his Privy Council , and admitted others in their stead , that Humour'd him more , but Honour'd him less . The Earl of Arundel likewise was removed from the Admiralty of the Sea , wherewith he had been entrusted by the Parliament , and the same given to the Earl of Huntington . Soon after this , certain Detractors circumventing the King , had so far prevail'd , as to make him believe , That the Duke of Glocester was contriving some Designs against him : But upon the Dukes Examination , the falshood and Malice of those Reports did appear ; And the King blusht to consider his own Credulity against so near and eminent a Relation ; yet though some of the Spreaders thereof were there present when the Duke would have questioned them for the same , the King charged him , as he lov'd him , not to stir farther in the matter . This Summer the King being at his Mannor of Sheen , in July , on a sudden there appeared such innumerable Swarms of Gnats , that all the Air was darkned with them , who skirmisht and fought one with another , till the Slain fell down in heaps , and being swept together with Brooms , amounted to the quantity of many Bushels-full , and the rest who seem'd to come off , and were reckoned about a third part of the whole , flew away ; which was by many esteem'd as an ill-boding Prodigy . About the same time the Disciples of Wickliff ( in those days called Lollards ) being very numerous , their Presbyters took upon them after the manner of Bishops , to confer Holy Orders , Asserting , that every Priest had as much power of Binding and Loosing , and Administring other Ecclesiastical Functims , as the Pope himself either had , or could bestow : And though the Prelates had notice hereof , yet out of negligence , or rather fear , they did not much concern themselves to suppress them ; save only the stout Bishop of Norwich , who swore , That if any of that Sect should presume to Preach in his Diocess , he would either Burn or Behead them . In November , the Duke of Lan●aster after three years absence return'd into England from Spain , having matcht his Daughter to the King of Castile's Son. And the King of England having summon'd a Council at Reading , the said Duke understanding that his Majesty had conceived Displeasure against divers great Lords , to prevent the Mischiefs that might thereby arise , immediately after his Arrival , posted thither ; by whose good Offices the King's Resentments were diverted , and Matters for the present pacified . In the Year 1390 , ( being the 13 year of King Richard's Reign ) on Munday after the Feast of St. Hillary , a Parliament was called at London , wherein amongst other things it was Enacted , That the King should not extend his Pardon to any persons convicted of Murder , and a Penalty Awarded against any that should importune the King thereunto ; viz. That if it were a Duke or Archbishop , he should forfeit to the King 100 l. If an Earl or Bishop , 100 Marks , &c. There was also granted to the King 40s . of every Sack of Wool , of which 10s . to go to the Kings present occasions , and the other 30s . to be reserv'd in the hands of Commissioners appointed by Parliament , Not to be expended unless necessity of War required . About St. James●yde , Henry Earl of Derby , eldest Son to the Duke of Lancaster , with a choice Company of a thousand Knights and Squires , and their Servants , went into Prussia , where they signalized themselves by several brave and valorous Actions ; and return'd again with Honour in April following . In the Year 1391 , the French Courted King Richard very earnestly to a Treaty of Peace ; and in order thereunto , desired that there might be an Amicable Interview of the two Kings neer Calice : To which King Richard seem'd inclinable ; and that he might appear more splendid on such an occasion , sent to most of the Abbeys to furnish him with the best Horses they had : Amongst whom the Abbot of S. Albans sent him One , which ( Walsingham tells us ) was worth Four and twenty Marks , no small price in those days ; and yet not content , he demanded 50 Marks besides in Money : Likewise from most of the Cities and Burroughs of England , he got divers considerable Sums to Equip him for this Voyage . But about the same time , by order of the King and Council , there was a Proclamation set forth , Requiring all those that had any Benefices in England , and were then beyond the Seas , as in the Roman Court , ( it being a thing not infrequent in those days , for the Pope to gratifie his Favourites and Followers with the best Preferments , though perhaps never in England in their lives ) immediately to repair into England , to live upon such their Benefices , and not suck away the Treasure of the Realm , by expending their Revenues in other Nations , on pain of forfeiting all their said Benefices . This , together with the late Statute of Provisors and Praemunire , and the Overture of a Peace like to advance with the French King , ( who at that time joyned with the Antipape , Benedict the 13th ) much troubled Pope Boniface the 9th : ( For now , and for neer the space of forty years together , there were two Popes in being at once , each Cursing the other ; and part of Christendom acknowledging One , and part his Adversary . ) Therefore the said Boniface ( whom the English own'd for their Ghostly Father ) forthwith sent a Nuncio to King Richard , with great Complements to commend his Devotion , and that of his Predecessors towards Holy Church , but withal to complain of these Invasions ( as he was pleased to call them ) of the Ecclesiastical Liberties ; and to urge him as well to Repeal the said Laws , as by no means to make Peace with the French King , unless he would disown and no longer assist the Anti-Pope , &c. The King received the Nuncio kindly , and heard his Tale , but for Answer put him off to the Meeting of the Parliament , which was in November , and then the Business was bandied about ; and though the King and Duke of Lancaster seem'd willing to gratifie the Pope , the Commons would by no means consent that people should go to Rome to acquire any Benefices in England ; only that they might not seem too much to slight his Holiness , they yielded that it might be suffered , but not without the Kings License , and no longer than till the next Parliament . But though they held their Pope to hard Meat , they were not wanting in expressing their kindness to their King , giving him a Half-tenth , and an Half-fifteenth ; which they offered to make whole Ones , on condition the King would next Summer make an Expedition against the Scots . Anno 1392. The Duke of Lancaster is sent over into France , and most magnificently entertain'd by the French King : But instead of a Peace , brought back only a Truce for a year ; to the intent , saith Walsingham , That during that time , the collected wisdom of England might consider whether it were more expedient to conclude a final Peace , or prosecute the War. About this time , a certain Matron in London having one onely Daughter , had instructed her to Cele●rate the Mass , and built an Altar with all its Furniture in a private Room , and there for many days caused her to Accouter herself in Priestly Habit , and Officiate ; onely when she came to the words of the Sacrament , she Prostrated herself , and durst not Consecrate ; but rising again , would go on with the rest of the Mass to the end , her Mother helping her and encouraging her Devotion . But at last a Neighbouring Gossip whom she had call'd to this private Mass , discovering her Practice , the Bishop of London heard of it , and being much grieved ( as he had reason , to see his Trade usurp'd by the other Sex ) call'd her before him , and made her shew her Crown shaven exactly like a Priest , before all the people , and caused both her and her Mother to do Penance . The Duke of Guelderland , a most active Prince , and related to King Richard , sent him a Letter full of great Complements , ( but in one expression too profane ) stirring him up to War and Military Actions becoming his Royal Dignity , and particularly dehorting him from the designed dishonourable Amity with France : The Tenor whereof , was as followeth . MAgnificent Prince ! Both your Innate Generosity , and the prudent Counsels of your Ministers will we conceive effectually provide , that all your Hereditary Rights , which by your Birth render your Royal Majesty Great and Glorious , may by the foresight of your deep Wisdom be preserved Inviolable ; And that if any unjust Force does Invade or offer to Diminish them , your Kingly Industry will valiantly defend the same with the Shield of Military Prowess : And since we have the Honour to be Related to your Royal Person by Affinity , God himself cannot hinder , but that we will ever be ready to assist you in defending such your Rights with Two thousand Launces , when and as oft-soever as you shall be disposed to engage in a War : Nor ought you to decline the same to your prejudice , for any Words or Promises that may be made you , from the restless subtilty of the French. 'T is certain , most Serene Prince , your Fame is spread throughout the World : Nor is it doubted , but for your great plenty of Wool , and innumerable other Commodities ( without which neither the East or South can subsist ) all Kingdoms daily salute you with their Treasures ; so that God himself has conferr'd upon you Wealth an hundred fold more in comparison , than on other Kings . Besides the tried Valour of your people , and the sharpness of their Victorious Bowes , have so far advanced the Fame of your Magnanimous Nation , above any of the West , that Terror and Dread cannot but Invade your Adversaries ; for evermore to this day , as oft as the Gallant English have fought the French , so oft have they carried Victory with them from the Field . Let not therefore , most Potent Prince ! the Heart of the Lion slumber longer against Nature in Pusillanimity : But vouchsafe to apply that matchless Strength which Nature has conferr'd upon you , to warlike Actions , in defence of your Commonwealth , the maintenance of your Hereditary Rights , the encrease of your Merit , and perpetuating the Renown of so incomparable great and Magnanimous a King. Walsingham says , That this Prince came also in person into England , to perswade the King against making Peace either with the French or Scots , and that he was very honourably entertain'd . But it seems his motion was not much regarded , for the time was spun out in further Truces , and nothing done . And now the Citizens of London fall into the Kings grievous displeasure , the Causes whereof are said to be Two : The first , Their not only denying to lend the King a thousand pounds ( which he desired ) themselves ; but also affronting a certain Lombard , who was willing to accommodate him : and abusing him ( some Authors say , they beat and half kill'd him ) for his forwardness . The other an Accident which hapning just in the neck of this , seem'd , or perhaps was made a far greater Offence than otherwise it need have been reputed , viz. A Baker carrying his Bread along the Street , one of the Bishop of Salisbury's Servants took a loaf out of his Basket ; which the Baker demanded to be restored , but the Bishop's man instead thereof broke his head ; for which Injury the people would have seized him , but he fled into his Masters house : Thither the Constable came , and peaceably desired he might be surrendred up to Justice . But the Bishop's Servants shut the Gates , and made resistance . This more exasperated the people , ( who though sometimes they may be deceived b● Fi●●sses and Craft , are yet generally shrewd Guessers at Right and Wrong in Matters of Fact , and 〈◊〉 of common life ) insomuch , that many threatned to fire their way , and began to use violence . Of which the Mayor and chief Officers having notice , they immediately repaired thither , and by their Presence and Authority , suppressed the Multitude , and preserved the Kings Peace ; so that hitherto the harm was but small : and all this Combustion might easily have been quenched and forgot , had not the Bishop ( whose ill-govern'd Servant was the Beginner and Cause of all the Broil ) kindled the Fuel afresh : And 't is said , he the rather stirr'd in it , out of an old grudge which he had against the Citizens , because they were generally lookt upon to be Favourers of Wickliffs Doctrine . But whatever the Motive was , a loud Complaint was made by him and other Prelates to the King , affirming , That if upon every paultry pretence the Citizens should be suffered thus to Affront the Bishops without Chastisement , they would endanger not only the Dignity , but the Liberty of the whole Church . The King was so incens'd hereat , ( being prepared by former Provocations ) that he was once resolv'd to have raised an Army , and utterly destroyed the City , and made spoil thereof . But being perswaded by more moderate Councils , he only sent for the Mayor and two Sheriffs , and Four and twenty Aldermen , and Four and twenty others of the ablest Citizens , to his Court then held at Nottingham , where the said Tumult and divers other Offences were laid to their Charge ; As that they had forfeited their Obligations formerly given to the King , &c. They at first resolv'd to justifie their Innocency , and faithfully engaged to stand by one another : But it seems there was falshood in Fellowship , and as it often happens in such Cases , some timorous persons hoping to curry favour , Impeach'd the rest , who again recriminated upon them , and so all were liable to be undone , and therefore left themselves wholly to the Kings Mercy , who committed the Mayor to Windsor Castle , and the rest to several other places of Confinement , seizes the Liberties of the City into his own hands , and Annuls all their Priviledges , commands there should be no more any Major be chosen , but that he would himself appoint one who should be called Keeper of the City ; and accordingly did qualifie one Sir Edward Dalyngrygge , ( other Authors call him Balerygge ) with that Title , who being thought too favourable to the Citizens , was quickly removed , and Sir Baldwin Radington , a person of a rougher temper put in his place ; And also the Terms and Courts of Justice , were removed to York . In the mean time , the Duke of Glocester and others were not wanting to Intercede with the King on behalf of the Londoners , of whom the Principal , on Sunday next after the Assumption of S. Mary , waited on him at Windsor , and submitted to him , Themselves and their Fortunes : With which he seemed somewhat well pacified , and on the Wednesday following came towards London , being met from the City with four hundred Men on Horse-back , clad all in one Livery , an innumerable multitude on foot , a solemn Procession of the Clergy , and Five hundred Boys in Surplices : The Fronts of the Houses adorned with Tapestry and Pictures , the Conduits freely running Wine , &c. Besides , they presented the King with a Crown of Gold of great value , and another of the same Metal to the Queen ; together with a Picture of the Trinity worth 800 l. and several other great Gifts : And so they obtained their Priviledges restored and confirmed to them , the Election of a Mayor , and all things as before : And having been at all this Charge , doubted not but to be quiet and free from further Fine or Penalty . But herein they were deceived ; for notwithstanding all their Presents , the King yet upon such submission before made , demanded and forced them to pay after all this , Ten thousand pounds , or else they must have ventured the Effects of his new Displeasure . The Duke of Glocester having been furnisht with Money to raise an Army , for an Expedition into Ireland , ( of which the King had lately created him Duke ) when his Troops were now just ready to march , and all things prepared , was on a sudden without any cause Recall'd , and the Voyage Countermanded , to the great Detriment as well of England as Ireland : For upon the Report of his Coming , almost all the petty Irish Kings had advised one with another , and resolved to submit themselves to the English. The Year 1393 , a Parliament at Winchester gave the King half a Tenth for the Clergy , and half a Fifteenth for the Laiety , towards the Expences of the Dukes of Lancaster and Glocester , who were going into France , to Treat of a Peace between the two Crowns . The French King sometime before had lost his Senses , but was now pretty well recovered , yet at this time narrowly escaped with his life , from the Treachery of the Duke his Brother , who over-greedily Aspired to the Crown . For the King and several other Persons of Quality dancing a Rural Mask , to make themselves appear more like those Savages which they were to represent , had got on strait Garments close to their Bodies , cover'd over with T●we , which was fixt on with Rosin and Pitch to make it stick the faster : Now when they were busie in the midst of their Dance by Torch-light , a Villain suborn'd by the Duke , clapt a Flambeau amongst them , as if done by Accident , whereby in an instant the Tow and other Combustibles took fire ; but a Lady seeing the danger , snatcht away the King before the flames seiz'd him , whilst Four of the other Maskers , notwithstanding all the help imaginable was used , were immediately burnt to Death . In England the Lord Tho. Pierey is made the King's Steward , and Sir William Scroop Chamberlain , a Person ( saith our Author ) than whom , in all Mankind , there could not be found one more wicked or cruel . The year following , 1394 , was chiefly remarkable for Funerals . First the Dutchess of Lancaster Daughter to the King of Castile , was snatcht away ; then the Countess of Derby her Daughter-in-Law ; next Queen Anne her self , whose Obsequies were magnificently and at vast Expences Celebrated by the King ; and soon after died Isabella Dutchess of York : Nor was Death onely content to Triumph over the Ladies , but also mowed down the Noble Sir John Hawkwood , a Knight whose Valour had rendred him Famous in many foreign Nations , and no less dear to his own . About August iss●ed a Proclamation throughout England , That all the Irish should forthwith return home , and wait the Kings coming thither at Lady-day next following , on pain of death . And indeed it was but time to send them packing ; for such multitudes were come over in hopes of gain , that they had left the English Pale in Ireland almost quite desolate : So that the natural wilde Irish not yet Conquer'd , taking thereby an advantage , destroy'd or pillaged the few Subjects the King of England had remaining there , at their pleasure . And whereas King Edward the Third , when he settled his Courts of Justice , &c. in that Country , received from thence to his Exchequer Thirty thousand pounds per annum ; the same by reason of the want of Inhabitants , was not only lost , but on the contrary , the King forc'd to be out of Pocket Thirty thousand Marks every year in the necessary defence of his Territories there . Effectually to redress which , the King in Person about Michaelmas sail'd into Ireland , attended with the Duke of Glocester , the Earls of March , Nottingham , Rutland , &c. The Irish unable to Cope with so great a Force , endeavoured onely to weary him with Alarms , Ambuscades , and Skirmishes ; but at last , divers of their petty Princes were glad to submit to King Richard ; of whom some he kept as Hostages for security , others he dismist upon Parole . And for the better settlement of Affairs , Assembled a Parliament for Ireland at Dublin , and continued in that Kingdom till after Easter . In the mean time , Anno 1395 , the Duke of York , Guardian of England during the Kings absence , called a Parliament at London , eight days after Twelfth-tide ; unto which was sent from Ireland the Duke of Gloucester , who so zealously represented the Kings Necessities , by reason of the vast Expence he had been at in this necessary and no less advantageous than honourable Expedition into Ireland ; that the Clergy were content to present his Majesty with a Tenth , and the Commonalty with a Fifteenth : But not without a Protestation first made , That they were not bound to grant the same De stricto jure , but did it purely out of their Affection to their King. The Lollards ( so call'd , as Tritemius says , from Walter Lollard a German , who flourisht about the year 1315. Or as others think from Lolium , signifying Darnel or Tares ; for being Followers and Disciples of Wickeliff , the Clergy , and especially the Monks and Fryars , were not wanting to brand them with ill Names , and reputed them as the Tares sown by the evil One in the Field of Gods Church ; ) did about this time publickly affix on the Doors of S. Paul's Church , Accusations of the Clergy , charging them with sundry Abominations , and also divers Conclusions touching Ecclesiastical Persons , and the Sacraments of the Church . At which the Bishops were much disturb'd , and according to their usual Method , instead of clearing themselves , and confuting their Adversaries by Scripture or Reason , endeavoured to silence them by Club-law , dispatching away the Archbishop of York , and Bishop of London , into Ireland to the King , intreating him to hasten his return , to succour Faith and Holy Church , that were both like to be undone by the Hereticks , who were contriving how to take away the Possessions of the whole Church , and overthrow all the Canonical Sanctions . Upon this News , back comes the King from Ireland , and takes several of the Chief Favourites of the Lollards to task , threatning most terribly if they shew'd them any Countenance for the future . But the Hereticks were not the onely Afflicters of the Clergy at this time ; but Birds of their own Nests began to pluck their feathers too : for William Archbishop of Canterbury got a Bull from the Pope , Impowering him to levy throughout all the Diocesses of his Province , Four pence in the pound of all Ecclesiastical Goods and Revenues , as well of those Exempt , as not Exempt ; and this without so much as pretending any true or lawful Cause for the same . However , the Execution of this Bull being committed unto the Archbishop of York , and the Bishop of London , though many of the inferiour Clergy grumbled not a little , and complained thereof as unreasonable , yet they were generally forced to submit unto it . Anno Domini 1396 , the Duke of Lancaster , to whom the King had given the Dutchy of Aquitain , and who had been at inestimable Charges in those Parts , to Conciliate to himself the Affections of the Inhabitants ; no sooner had obtained the same , but he was suddenly recall'd from thence by the Kings Command . To which , though it seemed no less hard than unexpected , the Duke paid a punctual Obedience , and was received if not with love , yet at least with a shew of honour by the King ; from whom having obtain'd License to depart the Court , he hastened to Lincoln , and there to the admiration of all the World , ( by reason of the disparity of their Qualities ) was married to Katherine Swinford , who for divers years before had been his Mistress . This year also the Pope wrote to the King , intreating him to assist the Prelates of the Church in the Cause of God , and of him the said King and his Kingdom , against the Lollards , whom he declared to be Traytors not onely to the Church , but likewise to the King ; and therefore did most earnestly press him , That whomsoever the Bishops should declare to be Hereticks , he would forthwith Condemn by his Royal Authority . But it seems the King was too busie otherwise to attend his Holiness's Commands , and to do his Prelates drudgery in butchering of Hereticks ; for he was making mighty Preparations for a Voyage , not of War , but of Galiantry , into France ; where by agreement , the two Kings were to have a Personal Conference . In order to which , King Richard passes over to Calice , and the French King came down to Arde ; between which two Towns was the place appointed for their Interview , and M●gnificent Tents erected for their Entertainment . But first they interchangeably took an Oath , truly and religiously to observe the Sacred Laws of Amity at this Congress , and that neither by themselves or any of their Subjects , Friends , Allies , or any other to their privity , or with their Allowance , there should be contrived or practised any Hostility , Surprize , Damage , or Disturbance by the one Party to the other . And for further security , the Space between the two Royal Tents was Guarded on either side with Knights Armed , and drawn Swords in their hands ; Four hundred English on the one hand , and Four hundred French on the other . The Twenty seventh of October the two Kings met , Four French Dukes waiting on the King of England , and Five English Noblemen , viz. the Dukes of Lancaster and Gloucester , and the Earls of Derby , Rutland , and Northumberland , attending the French King. After an Enterchange of Complements between their Majesties , it was first by mutual consent order'd , That a Chappel at both their equal Charge should in the place of their Interview be Erected , which should be called , The Chappel of our Lady of Peace : And on Saturday the Feast of S. Simon and Jude , on further Treaty , it was accorded , That there should be a Cessation of Arms between the Two Crowns for the term of Thirty years ; and that King Richard should Espouse Isabel the French Kings Daughter , then not above Eight years old . On Sunday the two Kings dined together in King Richard's Tent , and on the Munday the French King brought thither the young Lady , who was entrusted to the Tuition of the Dutchesses of Lancaster and Gloucester , and other English Ladies , who conveyed her with a Glorious Retinue to Calice . And soon after the two Kings in a most amicable manner took their Leaves of each other . Walsingham tells us , That besides the Presents made by King Richard to the French King and his Nobles , amounting to the value of Ten thousand Marks and upwards , he spent in this Amorous Voyage above Three hundred thousand Marks . And Trussel relates , That the Duke of Gloucester was not a little offended both with the Match and the Truce , alledging , That it was more meet to be in Arms than Amity with the French , who being inferiour to the English in Courage , did ever over-reach them in Craft , and being too weak for War , did oft-times prevail and get Advantages by Treaties of Peace . That the French Lady ( being but a Child ) was a very unfit Match for King Richard , as well by reason of the Disparity of their Years , as for that he had no Issue by his first Wife , and was not like to have any by this , unless perhaps in his old Age. But these Arguments not prevailing , the Londoners however took the Confidence to petition the King ; That seeing there was Peace with France , he would Release them of the Subsidy , granted in the last Parliament , towards maintaining the Wars against that Crown . This Suit being by them so importunately followed , as much perplexed the King , untill at length the Duke of Lancaster assured them , That the procuring this Peace , had spent and lost the King Three hundred thousand pounds , wherewith they were pacified , though 't is probable not very well pleased . The King being returned safe into England with his Baby-Bride , though not without the loss of his Tents , and a great part of his ri●h Furniture cast away by a Tempest in crossing the Channel : The Earl of S. Paul was soon after sent by the French King to Complement the young Queen , who having understood how earnestly Glocester had inveigh'd against this French Alliance , was ( 't is said ) an eminent Instrument in contriving and occasioning the destruction of that Duke ; advising the King , that he was too dangerous a Subject to be suffered , and that it concern'd His Majesty both in Honour to revenge the Disgr●ces which he had by him formerly received , and in Policy to prevent the Dangers which he had cause to fear . Hereupon the King grows jealous of the Duke , and as that passion is restless , and apt to be fed with the slightest Imaginations , so he began to pry more narrowly into his Deportment , watch his Words , and interpret both Them and his Actions to the worst , framing to himself many vain Apprehensions and needless Disquiets . To which another Accident not a little contributed ; viz. the King having been paid the Money lent the Duke of Britain upon Brest , Redelivered the Town , and thereupon the English Souldiers that were there in Garrison , were sent home ; who at a Feast which the King kept at Westminster , coming in great numbers into the Hall : As soon as the King had Dined , the Duke of Glocester askt him , If he observed those men that stood in such Troops in the Hall ? Yes , marry ( said the King ) Who were they ? They were ( said the Duke ) those Souldiers , who by your Surrendring up of Brest , are sent home , and must now either steal or starve . And so went on to tax the King of an unadvised Deed , with words much mere unadvised : Insomuch , that the King in great anger replyed , — Why , Vncle ! Do you think me either a Merchant , or a Fo●l , to sell my Lands ? By S. John Baptist , No ; but could I refuse to render the Town , when I was tendred the Money lent upon it ? And certainly it shews either great weakness in the Duke , if Brest were but a Mortgage , and he did not know it ; or much Injustice if knowing it , he would yet have had the King to detain it against manifest Equity . Upon th●s and the before-mentioned Provocations , there was ●●dled in the King such a Displeasure against the 〈◊〉 as could never afterwards be quench'd but by ●his Blood. And first he would often complain to the Dukes of Lancaster and York , of the Duke of Glocesters perverseness in Actions and crosness in Speech ; who endeavoured to excuse him , and pacifie His Majesty ; alledging , That their Brother indeed was more vehement than they could commend , but they durst assure His Majesty , That his Heart was dutiful and faithful ; and that such his vehemency proceeded from a zealous regard lest His Majesty and his Kingdom should suffer either in Honour or Revenue , and therefore His Majesty had no cause either to fear , or be offended with him . The King herewith seem'd to be satisfied ; but however , the said two Dukes not knowing how far they might be involv'd in that Displeasure which they still perceived he retain'd against their Brother , thought fit , for avoiding the worst , to retire from Court , thereby giving the Duke of Glocester's Enemies the greater opportunities to incense the King against him . Nor was it long before this black swelling Cloud of Royal Indigna●● b●rst forth into actual Thunder . But first , In the Year 1397 , a Parliament being summon'd at London , the Duke of Lancaster caused the Issue he had before Marriage begot on Katherine Swynford to be Legitimated ; and at the same time was granted to the King half a Tenth by the Clergy . S●●n after which , King Richard , contrary to the Oath he had fo●merly taken , recall'd the Judges from Ireland , whom by his consent , the Nobles in the other Parliament had for their Dem●●its ba●isht . And certain idle Reports being spread , That he was , or was like to be chosen Emperour : The King thereupon began to take upon him a greater Port and Magnificence than ever before : To maintain which , he fleec'd the Common people , and borrowed almost of every body great Sums of Money ; So that there was no Prelate , City , or Citizen of Estate in the whole Kingdom , but furnisht the King out of their Stock . And now the Duke of Glocester being retired to his House at Plashey in Essex , the King , with the Earl of Nottingham Lord Marshal , and the Earl of Huntington , one day on a sudden rode thitherwards , but left the Earl Marshal with a selected Troop in Ambuscade in the Forest , whilst the King and his Retinue rode directly to the Dukes House , who with all dutiful respect , and heartily welcome , receives and entertains them : Which Treat being over , the King desires the Duke to accompany him towards London , who with a very small Company waited on him accordingly ; but being come into the Forest , on a sudden the King clapt Spurs to his Horse , and the Duke was stopt by the Earl Marshal , and by violence hurried to the Thames , there blindfolded , and against his will shipt , and carried to Calice , ( then an English Garrison ) where he was kept close Prisoner , till afterwards privately put to death . The next day the King invites the Earl of Warwick to Dinner , and shew'd him very good Countenance ; but upon his Return caused him ●o be Arrested and sent to prison . At the same time the Ear of Arundel was apprehended , and the Lord Cobham , and Sir John Ch●ney sent to the Tower. These strange Proceedings Alarm'd the whole Nation , therefore to quiet the people , a Proclamation is issued , setting forth that these Noblemen were seized not for any of their old Offences , but for n●w Crimes which should be discovered , and fairly proceeded against in the next Parliament . Accordingly soon after He caused them to be Indicted , suborning ( saith Walsingham ) Appealers to accuse them in Parliament at Nottingham , viz. The Earl of Rutland , the Earl Marshal , the Earl of Kent , &c. In the mean time the King draws out a great power of Armed-men , [ Multos Malefactores , our Author calls them ] from Cheshire and Wales , whom he kept about him as a Guard for his Person . About the Octaves of the Feast of the Virgin Maries Nativity , a Parliament began at London , whereof one Sir John Bushy was Speaker , and Sir William Bagot , and Sir Henry Green , chief Sticklers , Persons of whom the Historians give this Character , That they were Proud , Ignorant , Covetous , and withal Ambitious : To which might be added , that they were most notable Flatterers too , if it be true that Bushy in all his Speeches did not attribute to the King , Titles of Honour due and accustomed ; but such as were fitter for the Majesty of Almighty God , than for any earthly Prince . By the Importunity of these men and others , all the Charters of Pardon formerly granted by the King , were called into question ; the King protesting they were drawn from him against his Consent : The Clergy first gave their Opinion , but somewhat sparingly , That they thought then they might be revocable ; and the Temporal Lords shewed themselves of the same opinion , but the Judges and Lawyers opposed it , How it was carried according to the King's Inclination , and all the said Pardons vacated and annull'd . Having thus remov'd all Obstacles , they next fall roundly to work , only the Prelates pretending a Scrupulosity , that they might not be present at Judgments of Blood , chose Sir Henry Peircy their Procurator , and departed the House . First , Thomas Archbishop of Canterbury was accused for executing the Commission against Michael de Pole , for which his Temporalities were seiz'd , his Lands and Goods forfeited , and he himself adjudged to perpetual Banishment , and to depart the Realm within six Weeks . In whose place the King caused to be preferred his Treasurer Roger de Walden , who , because ( saith our Author ) he presum'd to ascend to the Bed of his living Father ; ( that is , to take the Archbishoprick whilst the said Thomas surviv'd ) was two years afterwards turn'd ou● by the Authority of the Pope . Sir R. Bak●r tells us , That when this Archbishop was first accused of Treason , he offered to make his Defence , but Sir John Bushy besought the King , That he might not be admitted to Answer , lest by his great Wit and Cunning , he might lead men away to believe him . If all their Proceedings were like this , we may easily guess at the Justice of the rest . In the next place , They proceeded to Judgment against the Earl of Arundel , who in vain pleaded the Benefit of his Pardon , for he was notwitstanding sentenc'd to be Drawn , Hang'd and Quartered , which was mitigated by the King into to the favour of Beheading . The Earl when called to Answer , Condemn'd , and at his Death betrayed not the least symptoms either of Guilt or Fear ; But observing the Earls of Nottingham and Kent ; ( of whom the first was his Son-in-Law , the second his Nephew ) to be bery busie at his Execution : He calmly said to them , — Truly it might have beseemed you at least rather to have been absent ; but the time will come ere-long , that as many shall marvel at your Misfortune , as they do now at mine . This Earl was wonderfully belov'd by the Comons ; and Walsingam affirms , That the King was afterwards haunted with an Imagination of his Ghost , not being able to close his Eyes , but strait he fancied Arundel stood before him : And the more to disturb him , a Miracle was reported , That his Head of it self was grown to his Body : Which was asserted with so much Confidence , that the King caused his Tomb to be opened , to disprove the Fiction ; and understanding that still the People went on Pilgrimage thither as to the Shrine of a Saint , or Martyr , caused the Augustin Fryars in London , amongst whom he was buried , to take down his Scutcheons , and abscond his Grave , by laying a new Pavement over it . The Lord Thomas Beauchamp Earl of Warwick , upon his Arraignment , did not carry himself with so much Courage and Gallantry , but confess'd with Tears he had been a Traytor in joyning with the Duke of Glocester , and other Lords formerly acting against the Kings pleasure : Therfore thogh condemned to Die , the King remitted that Punishment , and only ordered him to perpetual Imprisonment in the Isle of Man. The Lord Cobham was also banisht , though there was no new Matter against him : But only that he had been appointed by Parliament , to be one of the Commissioners of Inspection before mentioned , in the tenth year of his Reign . As for the Duke of Glocester , having so great an Interest in the Affections of the People , it was not thought safe to bring him to a publick Tryal , but concluded with more Policy than Justice , to put him to death secretly , without either Conviction or Examination : And therefore being a close Prisoner as aforesaid at Callice , he was by certain Ruffians ordered thereunto by Nottingam Earl Marshal , suddenly one Night strangled or stifled to death between two Feather Beds . Thus fell this Great , and ( for ought we find in Writers of those times ) Good Prince , the Son of One , and Vncle of another King , and so beloved of the People , that with him ( saith Walsingham ) the general Hope and Comfort of the Commonalty of the Land expired . And now the King caused the Parliament to be Ajourn'd till after Christmas , and then to sit again at Shrewsbury . Where in the beginning of the Year 1398 , they met accordingly ; and the King by the Interest he had made amongst them , caused not only all the Proceedings of the Parliament in the Tenth Year of his Reign , to be Condemned and Annulled ; But also obtained a Concession from them , That after the present Parliament should break up , It s whole Power should yet be Conferred upon and remain in certain Persons by them particularly named , or any Seven or Eight of them . Who by vertue of such Power granted , did afterwards proceed to Act and determine many things concerning the Publick State of the Nation , and properly the Work of a Parliament , to the great prejudice of the Realm . And to six himself more firm with Friends , or Illustrate his Triumphs over those he thought his Enemies : The King about this time was most liberal in Conferring of Honours , Creating no less than Five new Dukes , of whom one was the Earl of Derby , made Duke of Hereford ; and an other the Earl of Nottingham , ( probably for his good Service in dispatching the Duke of Glocester ) raised to the Title of Duke of Norfolk ; One Dutchess , One Marquess , and Four Earls : Amongst whom he made a Distribution of a great part of the Lands of the Duke of Glocester , and of the Earls of Arundel and Warwick ; imagining by this double Bounty of Honour and Estate to support it , to have tyed them with a double Obligation of Duty and Affection : Not considering that hired Friends for the most part are seldom either satisfied or sure ; but rather like some Ravens that Naturalists tell of in Arabia , which being full-gorg'd , have very sweet tuneable Notes ; but empty , scriech most horribly . Furthermore , to gratifie the Cheshire-men , who had chieflly assisted him and his late Favorites , he qualified that County with the Name ▪ and Dignity of a Principality , and added to the rest of his own Titles , that of Prince of Chester . A General Pardon was also granted for all Offences to all the Kings Subjects , but clogg'd with a strange Clause of Exception , exempting Fifty Persons in number , from the Benefit thereof , whose Names were not expressed , but left to the Kings own knowledge and pleasure ; to the end , that if any of the Nobility should happen any way to displease , he might nominate him or them to be of the Number excepted , and so still keep them within his danger . By which Reservation the General Pardon became no Pardon at all , since no man in England could assure himself that he was included in it . Lastly , To Corroborate and add the greater esteem to the Acts and Proceedings of this Parliament , King Richard purchased the Popes Bulls containing grievous Censures and Curses on all that should presume to break or oppose them : Which were solemly published at Pauls Cross , and other places throughout England . All things succeeding thus suitable to the Kings pleasure ; the Heads of the Party that opposed his Will , having lost their Heads : the Nobles afraid , and the Commons unable to express their Resentments , any otherwise than in Sighs , or whisper'd Murmurs and Complaints : His Officers of State , His Laws , nay His very Parliament , all modell'd to His Designs , He could not but sing Requiems to His Soul , and look upon himself in a Condition altogether happy and secure . When yet to shew that there is still an over-ruling Providence that can blast all Projects , though never so subtlely laid , if not sounded on Equity , and carried on with Justice : A Monarch Paramount , who confoundeth the Councils of Princes , and is terrible to the Kings of the Earth ; when once they become disobedient unto , and forgetful of him : Behold on a sudden , all his Affairs by unexpected Means and unlikely Instruments , are embroil'd more than ever , and this great Prince left so destitute of Power , or Friends , as to be forced , without striking one stroke , to surrender his Crown ; and ( which was yet more greivous to a generous Mind ) acknowledge himself both unworthy and unfit to wear it any longer . This Wonderful Catastrophe has since been thought to have been fore-shewn by some prodigious Tokens , that happened about this time : As that in this Year 1398 , when almost throughout all England , all the Bay-trees withered , and afterwards beyond all expectation , grew green again . And another perhaps more remarkable , on New-Years Day following , When a very deep River running between the Villages of Suelleston and Ha●●wod near Bedford , on a sudden stopt its Course , and divided it self , so as that for three Miles space the Channel remain'd dry . But waving such uncertain Presages , if we consider the several Steps that led to this grand Mutation : The first both in order of time , and Influence , may be reckon'd that of the Banishment of the Duke of Hereford , Son of the Duke of Lancaster : This was occasioned by means of a Quarrel between Him and Moubray Duke of Norfolk , but what the grounds were of that Quarrel , is somewhat differently reported by Authors , for though all agree , 't was about certain words spoken to the Kings dishonour , yet of what nature those words were , is not so certainly related . But the best , that is , most probable account thereof , that I can meet with , is as follows . The Duke of Hereford , either disdaining the undes●rved Favours and Advancement of some Persons about the King , or disliking that his Sovereign should be abused , and his Countrey opprest by such ill Instruments ; or perhaps to shew his owm skill and sufficiency in the Art of Government , happened one day in familiar Conference with the Duke of Norfolk ; to complain , that the King too much undervalued the Princes of the Blood , and much discouraged the rest of the Ancient Nobility from intermedling in Publick Affairs : That instead of using their able Advice and Service , He was engrossed by a few Vpstart Favourites of base Birth , and baser Qualities ; having no sufficiency either for Council in Peace , or Courage in War : And whose dishonest Conditions had deservedly contracted an Odium and Contempt of the whole Realm ; whereby the Honour of the Kings Person was much obscured , the safety of his Estate endanger'd , and the Dignity of the English Nation not a little impaired : And that it was high time , that the King should provide some Redress herein . And all this ●e protested he mention'd not out of a Picque to ary perticular person , but out of Compassion for so publick Grievance , and zealous Duty to his Soveraign . And therefore desired the said Duke , that he being one of the Kings Cabinet-Council , would be pleased to discover unto His Majesty , these Enormities and Dangers , that by removing the One , he might happily prevent the Other . To these , or some such discourses , the Duke of Norfolk seemed much to adhere , assuring Hereford , that in these Apprehensions he had but Copied his own Thoughts , and seemed not only to approve of what he said , but promised to improve his Interest towards a Regulation of the Matters Complained of . And perhaps had the words been afterwards by him but as faithfully related , and by the King as candidly taken , as they were freely and 〈◊〉 intended , many Mischiefs might have been avoided . But on the contrary , they were maliciously mis-recited , and much mis-construed : For the Duke of Norfolk had formerly sided with the Lords , yet it seems Preferment had taken him off , and he was now become wholly addicted to humour the King : And therefore to s●rue himself yet further into favour , acquaints him with these Complaints of the Duke of Hereford , but so exaggreated , and intermixt with reflective Additions , that the King was highly incensed , and calling Hereford before him , charged him therewith , who denying a great part thereof , and N●rfolk as stoutly asserting it , the former challenged the latter to the Combate , who readily accepted thereof , which at last the King allows , assigning Coventry the place , and August following for the time of decision . And though it be not much material to our History , yet to gratify the vulgar Readers Curiosity , it will perhaps be no unwelcome digression , to relate the Formality of the intended Duel , between these two Puissant Peers . On the day therefore appointed , each of them attended with a splendid and numerous Retinue , appears : The Duke of Albem●rl● was pro Tempore , made High Constable ; and the Duke of Surry , High Marshal : who came to the Lists Honourably attended with Rich Liveries ; suitable to their greatness , each of their Servants carrying Tipstaves for clearing the Field . Where , first the Duke of Hereford as Challenger , mounted on a White Courser , in Caparisons of Green and Blew Velvet , Embroidered thick with Swans and Antilopes , armed Cap-a-pe , with his Sword drawn , approached the Lists : of whom the Marshal demanding who he was ! received this Answer , — I am Henry of Lancaster , Duke of Hereford , that am come hither to do my Devoir , against Thomas Moubray , Duke of Norfolk : as a false Traytor to God , the King , the Realm , and me . And then taking his Oath , that his Qurrel was true and just , desired liberty to enter the Lists , which being granted , he put up his Sword , pull'd down his Beaver , sign'd himself on the Fore-head with the Cross , took his Spear , and passing the Barriers , dismounted , and sat down in a Chair of Green Velvet , placed in a Travers of Green and Blew Velvet , at one end of the Lists . Then King Richard enters the Field with great Pomp , accompanied with the Earl of S. Paul , who came out of France on purpose to be a Spectator of the Combat , and attended with most of the Nobles of England , and a Guard of Ten Thousand men in Arms , to prevent any sudden Tumult , or disorders . His Majesty being seated in a Chair of State : one of the Kings at Arms made Proclamation , That none but such as were appointed to Marshall the Field , should touch any part of the Lists , upon pain of Death . Which ended , another Herald cryeth , — Behold , here Henry of Lancaster , Duke of Hereford Appellant , who is entred into the Royal Lists , to do his devoir against Thomas Moubray , Duke of Norfolk : upon pain of being counted false and Re●reant . Immediatly upon this , appeared the Duke of Norfolk bravely mounted , his Horse barbed with Crimson-velvet , embroydered with Lions of Silver , and Mulberry Trees proper , and having taken a like Oath before the Constable and Marshal , that his Quarrel was Right and Just , entred the Field ; crying aloud , God aid the Right ; and then lighted from his Horse , placing himself in a Chair of Crimson Velvet opposite to Hereford , at the other end of the Lists , the Marshal viewed their Spears , to see that they were of equal length , and carried the one himself to the Duke of Hereford , and sent the other by a Knight , to the Duke of Norfolk . This done , Proclamation was made , to mount , and address themselves to the Combat . Upon which the Dukes instantly mount their Horses , closed their Beavers , casting their Spears into their Rest , when the Trumpet sounded , and the Duke of Hereford put his Horse forward , but before Norfolk stirred , the King cast down his Warder , and the Heralds cryed , stay ! stay ! Then the King causing the Spears to be taken from them , they returned to their Chairs , whilst he retired to Council , to debate what was fit to be done in so weighty a cause : where after two Hours debate , their doom was agreed upon without fighting , and one Sir John Bouray , by the Kings Command , after silence proclaim'd , read their Sentence , which was thus : That forasmuch as the Dukes Appellant , and Defendant , had honourably appeared in the List Royal , and were not only ready but forward to entertain the Combat , therefore it being an Affair of great consequence , for avoiding the Effusion of Christian Blood , the King by the advice of his Council had decreed : That Henry Duke of Hereford , should within 15 days depart the Realm ; not to return within the space of Ten Years , on pain of Death : without the Kings special Licence ; and after a Second Proclamation , Sentence of Banishment was also read against the Duke of Norfolk , but with these several aggravations . First that the same was for Life ; Secondly , that the Cause thereof was expressed to be , for having urtered Seditious words , whereof he could not produce any proof ; And Thirdly , it was added as part of his further punishment , That the ●ing should receive the Revenues of his Lands until he were satisfied , all such Sums of Money , as the said Duke had taken out of the King's Coffers , on pretence of paying the Garrison of Callice . And further it was proclaimed , That no person from thenceforth should presume to Petition , or Intercede with the King , in the behalf of either of these Dukes , to alter this sentence , on pain of his Majesties high displeasure : which being so declared , the King called them both before him , and took of them a Solemn Oath , That they should never Converse together beyond the Seas , nor willingly come into each other's Company . The Duke of Norfolk soon after , in great grief and trouble of mind , departed into Germany , and from thence to Venice , where in a short time he died with sorrow , leaving this cautionary Lesson to all Courtiers , That greatness abused by whispering untruths , draweth , if discovered , certainty of destruction . And observable it is , that his Banishment was pronunced on the very day Twelve Month , on which the Duke of Glocester , had by his order been Murdered at Calice , so just is the Divine Nemesis : not only in revenging ill actions , but causing the punishment to be attended with such circumstances as may make the world take notice of it . The Duke of Hereford took his leave of the King , at Eltham , behaving himself so respectfully , that his Majesty was there pleased to declare , he would abate 4 Years of his Exilement : yet could not that pacify the Murmurs of the people , who could not be perswaded that there was any cause for his being Banisht at all . Exclaiming that it was against the Law of Arms , the custome of the Realm , and all Justice ; that he should be Exil'd , who had so honourably offered to mantain his Appeal according to the Law of the Field . He directed his course from England to Paris , where he was nobly received by the French King , and found such favour in that Court : That he was offered in Marriage , the only Daughter of the Duke of Berry : the said Kings Uncle . But King Richard having notice thereof , used means to stop the prosecution of that Treaty . He had not been gone many Months , but his Father , the Duke of Lancaster , pays Nature her Debt ; his Death perhaps being hastened by those Impressions of grief , which this disgrace of his Son might occasion on his Spirits . The Character given this Duke by Historians , speaks him a man well advised and wary , an approver of safe Councils with reason , rather than Fortunate Exploits with hazzard : One that was neither negligent , nor ambitiously tender of Glory , and therefore deported himself towards the King his Nephew , in terms honourable and respective enough for a moderate Prince , and yet not so plausible as an uncollected greatness , and the depravity of the Court might desire , whereby little happened unto him Extraordinary : either in Prejudice or Preferment . By his Death , the Dutchy of Lancaster , did lineally descend to his Eldest Son , the said Duke of Hereford . But ( as the Nature of Man is very Prone to hate those whom he hath injured ) the King forthwith seizes all the Lands and Goods of the deceased Duke , endeavoured to perpetuate the Banishment of the Young Duke , and revoked the Letters Patent he had granted and consented unto , for enabling the said Dukes Attornies to sue out his Ouster Le Main and Livery of those Lands , which during his Exile , should descend to him , his Homage being formerly concluded upon to be Respited at a reasonable Fine . And all this without any Crime alleadged ( that we can hear of ) against the Father , whereby he should have forfeited his Estate : or new Provocation given by the Son , whereby a Cloud might arise for his being deprived of it . This severity could not but enrage the Duke , who was already sufficiently discontented at his Banishment , nor were the People sparing to Exclaim ( where they durst ) against these proceedings as unjust , and thence to contract , first , a Pity , and afterwards an high esteem for this Exil'd Noble-man , who though not the Immediate Heir presumptive to the Crown , ( for Edmund Mortimer , Earl of March , was therein before him , the Right having by Parliament ( the common Arbitrator in that case in those daies , ) been formerly declared to be in his Father , as being Son of Phillipa , the Daughter of Lionel , the Third Son of King Edward the Third , whereas , the late Duke of Lancaster , was but the Fourth Son of that King. ) Yet being so near it , and thus exasperated , they thought he might step over that Obstacle . Si jus violandum Regni causâ violandum est . They knew him to be an active Prince , and of great Courage ; and therefore generally fixt their Eyes on him , as the man that must be their deliverer from those grievances and pressures , under which they lay gasping . And indeed their condition could not but be very uneasie , for the King having got rid of two of his Uncles , viz. Glocester and Lancaster , ( one murdred , the other naturally deceased ) and the Third , which was York , either in disdain for the Indignity offered to his Nephew Hereford , or in distrust of his own safety , being retired with his Son , the Duke of Albemarle , to his House at Langley , look't upon himself as absolutely Hors de Page , free from any Controul , with which their unwelcome gravity was wont somtimes to check his irregular Appetite ; and therefore now took a greater Liberty than before , to disoblige and harass his People . For thus we find the condition of those times described . That the King abandoned himself to sloth , and lay plunged in the soft , but destructive Charms of pleasure ; by whose example the Nobility too much gave themselves up to Ease and Luxury ; whereby Cowardice and Effeminacy crept in , and Shipwrack was made both of Manhood and Reputation . The chief Affairs of State had long been Bias'd by private respects , which made the Nation decline as well in Riches as Honour : and all things being out of due Motion , the Common-weal seem'd not so much by degrees , as with a main Course , and at once precipating into inevitable Ruine . The Northern parts by frequent losses , almost consumed by the Scots , who had taken several important Posts , and defaced all the Countrey with Slaughter , and Devastations Towards the South , the Merchant Ships were daily surprized by the French , who likewise frequently pillaged the Sea-coasts : And of the Kings Hereditary Dominions in France , many strong holds were lost by negligence , or sold by ill advise and Treachery . Forces sometimes were often pretended to be sent over for their defence , but so scatteringly , at such unseasonable times , so ill accommodated , or under such indiscreet conduct , that they were occasions rather of loss , than help . Affairs were managed by such as neither Nature had design'd , nor Education prepared , nor Experience qualified for Politicians ; but corrupt or ignorant Ministers by flatteries and base Arts swai'd in the Kings affections , and disposed of all things at their pleasure , keeping him as it were beseiged from any better advise . The profits and revenues of the Crown ; nay , the whole Kingdome was let to farm , the King making himself only ● Landlord , and challenging no greater priviledge by his Reign , than a dissolute and uncontroled Life . Great Sums of Money , were by new-found and unwonted means every day rather extorted from , than voluntarily granted by the subject , whereof no advantage accrew'd to the Kingdom , only private pleasures were maintain'd at an extravagant Rate , and unworthy Favourites advanced . To these , the King was so excessively Liberal , that he was forced to borrow , begg , and extort in many places , to supply this vain lavish humour , undoing many without cause , to Inrich a few without desert . Over and above the Tenths , and Fifteenths , and such usual Taxes , which were many times gathered double in one Year , strange Impositions were devised and put in practise , sometimes exacting 12d . per poll , of every Subject , 6s . 8d . of every Priest , and Religious Person : great Sums drawn from the People under the favourable Term of Benevolence , and so much borrowed upon Privy-Seals , that no Man of Ability could escape his Loan , though very seldom any repayment was made . And to add to all former burdens this present Year , 1399. He charged 17 whole Counties with taking part against him heretofore with the Duke of Glocester , and the rest of the Lords , and threatned with Armed force , to spoil and destroy them as publick Enemies . And having thus affrighted them , sent certain Commissioners , Bishops , and Lords Temporal , to all the said several Shires , to let them know his heavy displeasue : And that without due acknowledgment of the Offence , and Submission to his mercy , he could not receive them into his Grace and Favour : whereby they were prevailed upon , to own themselves Traytors under their Hands and Seals . Which was no sooner obtained , but they were compell'd to pay insupportable Sums of Money , for the Redemption of their Lives and Estates , and procuring their Peace , whereby they were all so impoverisht , that few were able to subsist , none at present to resist . And yet further to make Conscience it self accessary to slavery : New Oaths were imposed , not warranted by any Law , and the People constrained to Seal Blank Charters , and Obligations , and deliver them to the Kings use , wherein whatsoever he pleased might afterwads be inserted . The King bearing so heavy an hand over his People , 't is no wonder if they bear an hard Heart towards him ; who being shallow in Judgment , and not able to cover his Vices , but with a Cloak of seeming terrible and powerful , became first hated , and afterwards contemptible , and drove many of his Subjects to an Inclination to Revolt , as resolved rather to run the hazzard of a speedy ruine by Rebellion , than to perish by such a lingring Death of slavery . In order hereunto , there had been some overtures very privately made by Letters to the Duke of Hereford , importuning his speedy return into England : remonstrating , that as well for the publick good of the Realm , as for their own particular safeties they should be forced to use force for their deliverance from these intollerable oppressions , and therefore solliciting him to be pleased , but to make the Head , and they would furnish the Body , with an able Army , and not only help him in bare wishes and advice , but would joyn Hearts and Hands to adventure their Lives and Fortunes in his Quarrel , which was also their own , so that the danger should be common to all , the Glory only his . The Duke entertained these Adresses with great wariness , and such moderation : that he seem'd rather worthy of a Kingdom , than desirous of it . But to Whet him to an Edge , and settle his Resolutions for the Enterprize , there wanted not an apt and politick Instrument . This was Thomas Arundel , late Archbishop of Canterbury , who being with the other Bishops in the Parliament , when his Brother the Earl of Arundel , together with the Earl of Warwick , &c. were called into question , because Clergy-men by the Canons are commanded , not to be present at any Judgment of Blood : He and the rest of that Order , departed the House . Upon which occasion being absent , not only his Brother was condemned for high Treason , and Executed , as you have heard , but he himself Banish't the Realm , his goods seized as forfeit , and his Archbishoprick conferr'd on another . This Prelate after this Disaster , did with divers of his Confederates , by several ways , and in strange disguises , come to Paris , and in the House of one Clomigey , where the Duke had taken Lodgings , had frequent Conferences with his Grace touching the Affairs of England ; Their debates you may Imagine , were managed with the strictest secrecy . And I have alwaies been of Opinion , that it better becomes a Romance , than a serious History , for the Author to forge set Speeches on such occasions : wherin , though he may please , he does but deceive the Reader , for how suitable soever he may contrive them , yet 't is forty to one but the parties themselves , might make use of very different Topicks ; Without guessing therefore at their word , let it suffice to say , their Consultations terminated in a Result , that the Duke should adventure himself over into England , and try his Fortune , upon the first convenient opportunity ; Which soon presented it self the most invitingly that could be imagined . The Earl of March , appointed by the King to be his Lieutenant in Ireland , exposing his person too adventurously , was slain by the Wild Irish , which so exasperated King Richard , that he resolved in person to revenge his Death . In order to which he raised a great Army , but not without grievous Charge to his Subjects , and about Whitsontide , set forwards , accompanied with the Dukes of Albemarle , and Exeter , divers of the Nobles , and many Mitred Prelates , amongst whom , was the Abbot of Westminster , a chief Favourite ; and taking with him , not only the Sons of the Duke of Glocester , and Hereford , ( whom he pretended to instruct by that expedition in the Rudiments of War : but indeed secured them as Hostages , to prevent any attempts , that might be made in his Absence by their Relations , of whom he was most apprehensive . ) But also all his Treasure , Jewels , Plate , and Royal Robes : as if he had design'd , ( as in the event it effectually prov'd ) to have taken a final leave of his Kingdom , and Dignity here in Enland . Besides these general discontents of the People , occasioned by the former ill-conduct , and oppressions of Corrupt Ministers of state , he just upon his departure , stumbled upon another Error in Politicks ; for being at Bristol , it was suggested to him ; That Henry Piercy , Earl of Northumberland , with others his Partisans , intended some disloyal attempt , and therefore did not tender their service in this Expedition : whereupon by a pursevant , he commanded the said Earl with all the Forces he could raise forthwith to repair to him : whereunto , the Earl by a Letter returned an excuse , instead of Compliance , intreating his Majesty to consider , how little necessary it would be for the Irish Service , and indeed dangerous to the whole Realm , to draw men from such remote places , in regard those Rebels were neither so many , nor so mighty , but that the King had already sufficient Forces , to reduce them to Obedience ; and to disfurnish the Northern parts of their strength , would but give an opportunity to the Scots , to Invade us . And therefore begg'd his Majesty , that he would be pleased in such a juncture , to Excuse him from attending . This Answer the King interprets as an Affront , to his Authority , and in an unadvised Heat , proclaims the Earl , and all that should take his part , Traytors : and orders all their Lands , and Goods to be seiz'd to his Use. The Earl resenting this disgrace , and forced ( as it were by necessity ) does then in earnest make good the Original Information , by standing upon his Guard : or rather in a posture of open Hostility . In the mean time the King pursues his voyage for Ireland , whose Arrival Fortune courted with some treacherous smiles ; for the petty Irish Kings terrified with the Fame of his Power , and not daring to trust each other in a joynt Defence , endeavoured rather singly to make each one the best Bargain for himself , by being the first that should submit to the disproportionate force of the Invader . But these Triumphs cost King Richard dear in the sequel ; for whilst he is thus engaged , and absent from his discontented Kingdom of England , the Duke of Lancaster thinks it the only proper time to put in execution what he and others his Confederates had been consulting of : Wherefore dispatching some of his trusty Emissaries over to acquaint his Friends , and provide Arms and all necessaries for his Arrival ; He addresses himself to the French King with a Complement , That he intended to pay a Visit to his Kinsman John Duke of Britain , and therefore desired his Majesties Royal Letters of safe Conduct ; which being granted , he there very privately levied a few Souldiers , with whom , hiring three Ships of the Duke of Britain , he put to Sea for England , accompanied with the forementioned Arundel Archbishop of Canterbury , Tho. Heir to Richard late Earl of Arundel , the Lord Cobham , Sir Thomas Erpington , and Sir Thomas Ramstone Knights , John Norbury , Robert Waterton , and Francis Coynt Esquires , having not in all above twenty Lances , and his whole Retinue besides consisting not of above sixty persons ; so that 't is hard to judge which was the greatest wonder , that he durst attempt , or that he did succeed in the Conquest of a Kingdom , with so inconsiderable a Company . But his Confidence was not so much in the People he brought with him , as in the strength he should find here , relying altogether on the favour and assistance of the people of the Realm , whom he knew to be generally male-contented , and eager to change their present Governours for any that would but promise them a Melioration of their Condition for the future . Yet being wary not to push things on beyound Possibility of a Retreat ; As he did not presently Land , but lay cruising up and down , sometimes appearing on one Coast , and sometimes on another ; that he might the better discover how the Inclinations of the people stood , and what Forces were ready either to receive or resist him , till at last being satisfied therein , he put on shore without any opposition about the biginning of June , at Ravenspurre in Yorkshire ; So did he not then make any pretensions to the Crown , but gave out very solemnly , that he came only to regain possession of the Dutchy of Lancaster , and the rest of his lawful Inheritance , which all the Nation knew was wrongfully detained from him , and so were the more ready to pity and favour him in a Cause notoriously just , and against which there was no objection . His Arrival was no sooner known , but there repaired to him the Lords , Willoughby , Ross , Darcy , and Beaumout , and shorly after at Doncaster , the Earl of Northumberland , and his Son Sir Henry Piercy , with the Earl of Westmorland , and great numbers of the Gentry and common people . Intelligence hereof being soon conveied to the Duke of York , the Kings eldest Uncle , and with whom during his absence he had intrusted the Governance of the Realm : He calls together the Bishop of Chichester Lord Chancellor , Scroop Earl of Wiltshire Lord Treasurer , Sir John Bushy , Sir Henry Green , Sir William Bagot , and Sir John Russel , chief Favourites of the Kings Privy Council , to consult what was to be done in this Exigency of Affairs . Amongst whom , whether designedly by some , or ignorantly by others , I cannot say ; but I am sure by all perniciously for King Richards Interest ; It was concluded to abandon London , and appoint the Rendezvous for levying Forces against the Duke at S. Albans . But when the people out of sundry Counties were drawn thither to be mustered , they declared , They would not act any thing to the prejudice of the said Duke , who they affirmed was unjustly expelled his Country , and unlawfully kept from his Inheritance . This Refusal of the Commons to serve , being looked upon as a very ill Omen to the Kings Cause ; The Earl of Wiltshire , Sir John Bushy , Sir William Bagot , and Sir Henry Green , forsook the Duke of York , and fled to Bristol , intending to pass the Seas into Ireland to the King : And time it was , ( especially for them ) to take their Heels , for these Four were those that were said to have taken of the King his Kingdom to Farm , and on that account and other Greivances and Oppressions , which they had occasioned , were become so odious to the People , that their very presence turned away many of the Subjects hearts from their Soveraign , it being the displeasure against them , rather than any disatisfaction to the Kings Person , that caused this general Revolt . The Duke of York seeing their flight , and the Humour of the Generality favouring Lancaster , and loath to run the adventure of an improbable Resistance , gave over the Cause , and thereupou the rest of the Counsellors either openly declared for the said Duke , or secretly held Correspondence with hm , resolving to swim with the general Torrent , in hopes of greater safety thereby , than by stemming that impetuous Tide which bore down all before it . For never did Snow-ball encrease so fast by rolling , as the Duke of Lancaster's Forces were augmented by his March , so that they were quickly grown sixty thousand strong , and he resolving to ●ollow the Channel whilst the Current was fierce , hastned with his Troops to London , that possessing himself thereof , being the chief place within the Kingdom for Strength and Store , he might best there make the Seat of War , and be easiest accommodated both with Provision and Ammunition In his whole March no Opposition was seen , no Hostility shewn , but all along Gentlemen of the best quality out of Affection or Fear , or hope of Reward resorted to his Tents ; and where ever he stayed rich Presents were mad him , and his Army supplyed with necessaries even to superfluity , and particularly at London he was received with Triumphant Pageants and Shews , solemn Processions of the Clergy , and loud Acclamations of the People . But he was more regardful of his Affairs than to stay long there , and therefore having fix'd the Citizens firm to his Interest , and knowing all the danger that could threaten him , must be from King Richard's return out of Ireland . To obviate that , and overtake the fugitive Favourites , who were fled to Bristol , he with speedy Marches pursued them thither : where finding the Castle fortified against him , he assaults it so briskly , that in Four daies time he forc'd it to a surrender , and taking therein the Earl of Wiltshire Lord Treasurer , Sir John Bushy , and Sir Henry Green , he the very next day Sacrificed them to the importunate rage of the incensed People , causing them all Three to be beheaded . But as for Sir William Bagot , he was got to Chester , and from thence shifting over into Ireland , alone , escaped the present vengeance ; This Execution , if it had not been just , must yet be accounted Politick ; for partly because it was so grateful to the People , and partly because it excluded all hope of the Kings Pardon ; It became a great ingagement to all the Dukes followers , to adhere more firmly to him for the future . The Duke had now been Six Weeks in England , and the whole Land in effect had submitted to him ; during all which time , there was no news of King Richard , whether it were that by reason of contrary Winds he had no Intelligence , as some write ; or that on the first advice , he slighted it , according to the Humour of some weak Spirits ; who contemn dangers remote , but are astonished at them , when they approach too nigh ; However , at last upon certain news , in what an hazardous condition his affairs stood , he caused the Sons of the Dukes of Glocester , and Lancaster , to be imprisoned in Trim Castle , and determined forthwith for England ; but the Duke of Aumerle his Principal Counsellor , perswaded him to stay till all his preparations were ready : Which fatal Council it was King Richard's ill Destiny to follow , yet presently sent over the Earl of Salisbury to raise him an Army in Wales and Cheshire against his own coming , which he solemnly promised should be withing six days at furthest . The Earl imployed his pains so well that he had soon gotten together Forty thousand men ; but the six days and more being elaps'd , and the King not appearing , made them murmur and suspect he was dead , or come to some disaster : but the Earl perswaded them to have patience some few days longer , which being likwise expired , and no tidings of him , they then in discontent broke up and retired to their respective homes . At length , eighteen days after he had sent away the Earl , the King took Shipping attended with Aumerl , Exeter , Surry , the Bishop of London , Exeter , and Carlile , and others of the Nobility , and landed in Wales , having about him a Competent number of Cheshire men : But when he understood that the other Forces he expected to joyn with him were baulk'd and disbanded : that most of his Fortresses from Scotland to Bristol , had surrendred to Lancaster ; that the Londoners espoused his Interest ; that the greatest number of the Nobility and Commons almost in general took part with him ; and especially that his principal Councellors had lost their Heads at Bristol , he was so far from retaining the Magnanimity of a King , that he almost left off to be a Man , and totally abandoned himself to despair . Perplext in uncertainties , either where to stay , or whither to stir , destitute both of Knowledge and Resolution in himself for such amazing Difficulties , and obnoxious to weak , wavering , and unfaithful Counsels from others ; some advised him to march further into the Land , before those Forces he had fell from him , alledging that Fortune seconds Valour : That in all places he should find some , who out of duty or affection , or for hire , would follow his Standard , which was illustrated with Majesty , and guarded with Right : Others perswaded him to go back into Ireland , or over to his Father-in-law of France , and thence to return when the Paroxism was a little over , and himself better strengthned . But the King unacquainted with Marshal Affairs , rejected both Counsels , and taking a middle course ( which always in Extreams of that kind is the worst ) resolved to stay in Wales to attend to what Head this Humour would rise . His Souldiers Endeavourd to encourage him to venture a Battel , vowing they would live and die with him ; but this could not at all raise his drooping Spirits , but in the Night he stole away from his Army , and with the Dukes of Exeter and Surry , The Bishop of Carlile , Sir Stephen Scroop , and half a score more , retired to the Castle of Conway , where the Earl of Worcester Steward of His Majesties Houshold , seeing his Masters Affairs in that desperate state , or to revenge the Proclaiming of his Brother the Earl of Northumberland Traytor ( as before was mentioned at the Kings going for Ireland ) did openly in the Hall before all the Kings Servants break his white Staff of Office , and forthwith repaired to the Duke of Lancaster ; and the rest of the Royal Retinue by his Example scattered and shifted every one for himself . Such Court-flies and treacherous Attendants being but like Crows to a dead Carcass , who flock to it , not to defend it , but to devour it ; for no sooner have they pickt off the flesh to the bones , and find no more sustenance , but they are upon the wing to be gone . The Duke of Lancaster upon Advice of King Richards Arrival out of Ireland , left the Duke of York ( who was now joyned with him ) at Bristol , and marched in the Head of his Troops to Glocester , then to Ross , afterwards to Hereford , ( where repaired to him the Bishop of that See , and Sir Edmund Mortimer ) on the Sunday following he went to Leymster , and there the Lord Carleton came to him , from thence he went to Ludlow , and the next day to Shrewsbury , and thither came to him Sir Robert and Sir John Leigh , and other persons of quality , being sent from Chester to offer him their Service ; as also the Lord Scales and the Lord Bardolph out of Ireland . From Shrewsbury he repaired to Chester , where he dispatcht an Express into Ireland , to fetch over his Son and Heir , and likewise the Duke of Glocester's Son and Heir ; both whom King Richard had left in Custody there : but it seems their Keepers durst no longer detain them after Lancaster commanded them thence , for his Son soon after arrived here , but the other young Gentleman was unfortunately cast away at Sea. About this time , the King seeing himself so beset and straitned , that he could neither Resist , nor Escape , desired a Conference with the Archbishop of Canterbury , and the Earl of Northumberland , from whose Negotiation he could certainly hope for little good , since the one he had formerly banisht , and proclaimed the other a Traytor ; however they upon safe Conduct coming to him , declared , That if it might please his Majesty to promise that a Parliament should be Assembled , and in the same Justice done , and the Duke of Lancaster and his followers receive a General Pardon , since what they had done was for the publick Weal of the Realm ; the Duke would be ready to cast himself at his feet , and as an humble Subject obey him in all dutiful Services . But the King whether perceiving that all this was but Complement , and thinking more to oblige them by an early Voluntary offer of what he saw he must be forc'd to part with ; or whether confounded in himself he grew weary of wearing a Crown , that he was not able to support ; required only that himself and eight more whom he would name , might have an honourable Allowance , with Assurance of a private quiet Life , and then he would Resign the Crown ; which was readily condescended unto , and the King also desiring to speak with the Duke , was removed to Flint Castle . Soon after the Duke arriving there with his Army , the Archbishop of Canterbury , the Duke of Aumerle , and the Earl of Worcester , were sent before to the King , who spying them from the Walls where he stood , went down to meet them , and observing that they did their accustomed Reverence to him upon their knees , courteously took them up , and had some private discourse with the Archbishop . After a small space , the Duke of Lancaster himself all Arm'd , approached the Castle , and being within the first Gate , he there reposed himself , till the King attended with the Bishop of Carlile , the Earl of Salisbury , and Sir Stephen Scroop , who bore the Sword before him , came forth and sate down in a place prepared for him . As soon as the Duke saw his Majesty , he came toward him bowing his Knee , and advancing forward , did so a second , and a third time , and then the King took him by the hand and lift him up , saying , — Dear Cousin , thou art welcome ; the Duke humbly thanking him , answered , — My Soveraign Lord and King , the Cause of my coming at this present is ( your Honour saved ) to have Restitution of my Person , my Land and Inheritance . To which the King replyed , — Dear Cousin , I am ready to accomplish your will , so that you may enjoy all that is yours without exception . After this coming forth of the Castle , the King called for Wine , and having drank , they mounted and rod to Chester , and so by several Stages , he was carried directly and with great Expedition to London , and lodged on pretence of State , but in truth for better security , in the Tower ; having not in all that Journey changed his Apparel , but wore only one Sute , and that but an ordinary one , whereas he was wont to be extraordinary profuse in his Cloaths , having one Coat valued at Thirty thousand Marks . The King yielded himself the Thirtieth day of August , being but the Seven and fortieth day after the Dukes Arrival in England , so that he might well assume Caesars Motto , Veni , Vidi , Vici : For considering his Marches from Holderness in the North up to London , and from thence to Bristol , and so into Wales , and back again to Chester ; a man can scarce travel over so much ground in the space that he Conquered it : Nay so indulgent was Fortune to him , that all the Kings Jewels and Treasure ( amounting as a late Author asserts , to Seven hundred thousand pounds ) with his Horses and Baggage fell into his hands . The King being thus safely lodg'd in the Tower , the Duke of Lancaster ( but in King Richards Name ) caused Writs to be issued forth for summoning and choosing a Parliament to be held at Westminster on the last day of September following . And in the mean time consults with his nearest Kindred and Friends how to steer his Proceedings , so as to bring his Affairs by prudence to a lucky end , which had hitherto even beyond his hopes been favoured by Fortune . In order to which , the Duke of York , who but a little before had been Governour of the Realm for the King , but now his the said Lancasters great Director , must be his best Oracle , who after divers Debates proposed it as very expedient , that King Richard should both voluntarily Resign , and also be solemnly Deposed by the Estates of the Realm ; For otherwise Resignation would be imputed only to his Fear : and Deprivation only to their Force , whereof the one is always apt to move Pity , and the other stir up Envy : But if both concur , and his desire be combined with his deserts , being willing to forsake that which he is adjudged worthy to forfeit , then it will appear that he is neither expelled his Kingdom by meer Constraint , nor leave it without just Cause . This Advice was generally approved , and accordingly pursued ; a Solemn Renunciation being tendred unto the King , and by him Signed on Michaelmas Day then next following , being the day before the Parliament was to meet . The Words Order , and Ceremony whereof , and of the Articles exhibited against Him , and his Deposition thereupon following in Parliament , appear in the Records thereof remaining in the Tower , Authentick and Attested Copies wherefore are Printed in the Book , Intituled , Historiae Anglicanae scriptores decem ; beginning Col. 2743. From whence the same are word for word Translated , as follow . The Roll of Parliament Summoned and Holden at Westminster , in the Feast of S. Fide the Virgin , in the first year of the Reign of King Henry the Fourth , after the Conquest , Membrane the 20th . The Record and Process of the Renunciation of King Richard the Second , after the Conquest , and likewise the Acceptance of the same Renunciation , with the Deposition of the same King Richard afterwards ensuing . BE it remembred , that on Munday the Feast of S. Michael the Archangel , in the Three and twentieth year of the Reign of King Richard the Second , the Lords Spiritual and Temporal , and other Persons of note ; that is to say , the Lord Richard le Scroop Archbishop of York , John bishop of Hereford , Henry Earl of Northumberland , and Ralph Earl of Westmor land ; the Lord Hugh le Burnel , Thomas Lord de Berkley Prior of Canterbury and Abbot of Westminster , William Thyrning Knight , and John Markham Justices ; Thomas Stow and John Burbache Doctors of Laws , Thomas de Erpingham , and Thomas Gray , Knights , William de Feryby , and Dionisius Lapham , Publick Notaries , first deputed to the Act under written , by the Assent and Advice of several of the Lords Spiritual and Temporal , and of the Judges and others skilful , as well in the Civil and Canon Law , as in the Law of the Realm , Assembled at Westminster in the usual place of Council ; did about Nine of the Clock come to the Presence of the said King , being within the Tower of London : And it being Recited before the said King , by the said Earl of Northumberland , in the behalf of all the rest before named , so as aforesaid joyned with him ; How the said King heretofore at Coneway in North-VVales , being at Liberty , did promise unto the Lord Thomas Archbishop of Canterbury , and the Earl of Northumberland , that he would yield up and renounce the Crown of England and France and his Regal Majesty , for Causes of his Inability and Insufficiency there by the said King himself confessed , and that in the best manner and form as the same could be done , as Councel learned should best order . The said King before the said Lords and others above named , hereunto benignly answering , That he would with Effect accomplish , what before in that behalf he had promised . But desired to have some discourse with his Cousins , Henry Duke of Lancaster , and the said Lord Arch-bishop of Canterbury , before he fulfilled such his promise . Afterwards the same day after Dinner , the said King much affecting the coming of the said Duke of Lancaster , and having long waited for him ; at last the said Duke of Lancaster , the Lords , and others above named , and also the said Archbishop of Canterbury , did come to the Presence of The said King in the Tower aforesaid ; The Lords de Roos , de Willougby , and de Abergeny , and very many others being then there present ; and after the said King had had discourse with the said Duke of Lancaster and Archbishop , exhibiting a merry Countenance here and there amongst them to part thereof , as appeared to those that stood round about ; at last the said King calling to him all that were there present , did publickly say before them , that he was ready to make the Renunciation ; and to renounce and recede , according to the Promise by him made , as aforesaid . And so forthwith , although , as was said unto him , he might have made some Deputy to have served as the Organ of his Voice , for avoiding so tedious a labour as the reading of the said Cession and Renunciation , reduced by others into a Schedule of Parchment . Yet the said King , very willingly as appeared , and with a pleasant Countenance , holding the said Schedule in his hand , said , that he himself would read it , and distinctly read the same through : And also did absolve all his Leige People , and renounce , and recede , and swear , and other things did say and pronounce in Reading , and did Subscribe it with his own hand , as is more fully contained in the said Schedule ; the Tenor whereof is such . THE RESIGNATION OF RICHARD II. IN the Name of God , Amen . I Richard by the Grace of God , King of England and France , and Lord of Ireland , do Absolve the Archbishops , Bishops , and other Prelates of Churches Secular or Regular , of whatsoever Dignity , Degree , State , or Condition they be ; The Dukes , Marquesses , Earls , Barons , Vassals , and Valvasors , and all and every my Leige People whatsoever , Ecclesiasticks or Seculars , of all the said Kingdoms and Dominions , by what Name soever they are known ; from the Oath of Fealty and Homage , and other Oaths whatsoever to be made , and from all Bond or Tie of Legiance , Royalty , and Dominion , whereby they have been or are obliged or otherwise in any manner bound unto me . And I do Free , Release , and Acquit them and their Heirs and Successors for ever , from the said Oaths and other Obligations whatsoever . And I do dismiss them free , unloosen , quit and in full Immunity , as far as relates to my Person , to every effect of Law which may follow from the Pr●mises , or any of them . And I do purely of my own Accord simply and absolutely in and by the best manner , way and form that may be , in these Writings , Renounce and totally Resign all Kingly Dignity and Majesty , and the Crown and Dominion and Power of the said Kingdoms and Dominions , and all other my Dominions and Possessions , or any way belonging or appertaining unto me , by what Name soever they may be reckon'd up within the aforesaid Kingdoms , or elsewhere ; And all Right and Colour of Right and Title , Possession and Dominion , which at any time I have had , now have , or by any means shall have in or to the same , or any of them , with their universal Rights and Appurtenances , or any Dependences however , on them or any of them : And also the Rule and Government of the said Kingdoms and Dominions , and their Administration , and all manner of meer and Mixt Empire and Jurisdiction to me in the said Kingdoms belonging , or that may be belonging ; and to the Name of King , and the Honour , Regality , and Celsitude Royal , purely , voluntarily , simply , and absolutely by the best manner , way and form that the same can be done in these Writings , I do Renounce , and them do totally Resign , and in Deed and in Word dismiss and quit the same , and from them do recede for ever . Saving to my Successors Kings of England , the Rights to them or any of them belonging , or that shall any way belong , in the said Kingdoms and Dominions , and all other the Premises for ever . And I do confess , acknowledge , repute , and truely and out of certain knowledge , do judge my self to have been and to be utterly insufficient and unuseful for the Rule and Government of the said Kingdoms and Dominions , with all their Appurtenances : And that for my notorious demerits I deserve to be Deposed ; And I do swear upon these Holy Gospels of God , by me corporally touched , That I will never Act contrary to the said Resignation , Renunciation , Dismission , and Cession ; nor any way oppose the same in Deed or in Word , by my Self or any other or others : Nor will as much as in melies , permit the same publickly or privately to be contraried or opposed : But the said Renunciation , Resignation , Dismission and Cession , will for ever esteem , ratified , and well-pleasing , and firmly hold and observe the same in the whole and in every part ; So God me help and these Holy Gospels of God. I the before named King Richard do here subscribe my self with my own Hand . And presently to the said Renunciation , and Cession , the said King added by word of mouth , That if it lay in his power , the said Duke of Lancaster should succeed him in his Kingdom . But Because ( as he said , ) this did not depend on his pleasure , he did request the said Archbishop of York and Bishop of Hereford , ( whom he for that time had constituted his Procurators , to declare , and imitate such his Cession and Renunciation to the States of the Kingdom , ) That they would be pleased to signify to the People , his will and intention in that behalf . And in token of such his will and intention , did then and there , openly pluck off the Golden Ring of his signet , from his own finger , and put it upon the finger of the said Duke of Lancaster , desiring as he affirmed , that the same might be made known to all the States of the Kingdom . Which being done , taking their leaves on both sides they all went out of the said Tower , to return to their Lodgings . But on the Morrow , viz. Tuesday the Feast of S. Jereme , in the great Hall at Westminster , in the place honourably prepared for holding the Parliament , the said Arch-bishops of Canterbury , and York , and the Duke of Lancaster , and other Dukes , and Lords , as well Spiritual as Temporal , whose names are under written , and the Commons of the said Kingdom , Assembled in a great multitude in Parliament , being present , and the said Duke of Lancaster , being seated in a place , due to his Quality , and the Chair of State [ or Royal Throne , ] being solemnly adorn'd with Cloth of Gold , but then empty , without any body presiding therein ; the above named Archbishop of York , in the name of himself , and of the said Bishop of Hereford , according to the order of the said King , did publickly declare the Cession , and Renunciation , to have been so made by him as aforesaid , with the subscription of his Royal Hand , and delivery of his Signet . And the said Cession , and Renunciation , did there cause to be ready by another , first in Latin , and then in English. Immediately after which , it was demanded of the Estates and People their present , ( to wit , first of the Archbishop of Canterbury , to whom by reason of the dignity , and prerogative of his metropolitan Church of Canterbury , it belongs in this behalf , to have the first voice amongst the rest of the Prelates , and Nobles of the Realm , ) whether for their interest and the utility of the Kingdom , they would be pleased to admit such Renunciation , and Cession . And the said States , and People , judging from the Causes by the said king himself , in his Renunciation , and Cession aforesaid , signified , that the same was very expedient , did each man singly by himself , and in Common with the People , unanimously Admit the said Cession , and Renunciation . After which Admission , it was then and there publickly declared , that besides such Cession , and Renunciation , so as aforesaid admitted , It would be very expedient and profitable to the Kingdom , for the removing of all Scruples , and taking away sinister suspitions , That very many Crimes , and Defects by the said King , ( about the ill Governance of his Kingdom ) very often committed , reduced into writing by way of Articles , by reason of which ( as himself affirmed in the Cession , by him made ) he was deservedly to be deposed , should be publickly read , and declared to the People . And so the greatest part of the said Articles were then and there read through . The Tenour of all which Articles is such . [ But yet in the Roll before the Articles , there are first these words , ] Here followeth the form of the Oath , used and accustomed to be taken by the Kings of England at their Coronation : which the Archbishop of Canterbury hath used to require and receive from the said Kings , as in the Book of the Pontifical Archbishops , and Bishops , more fully is contained . Which Oath , Richard the Second , after the Conquest of England , did take at his Coronation : and the same was administred by the Archbishop of Canterbury , and the very same Oath , the King afterwards repeated , as in the Rolls of the Chancery , may more fully be found of Record . Thou shall keep to the Church of God , and People , Intire Peace and Concord in God , according to thy power . The King shall answer , I will keep them . Thou shalt in all thy Judgements cause to be done , equal and right Justice , and discretion , in mercy , and in Truth , according to thy power . — He shall answer , I will do so . Thou dost grant the just Laws and Customes , as shall be held , and dost promise the same shall by thee be protected , and for the Honour of God Corroborated , quas vulgus elegerit , which the People shall chuse , to the utmost of thy power . — He shall answer , I do so grant and promise . To the aforesaid Questions , such others are added as shall be just , and all things being so pronounced the King by his own Oath on the Altar , before all the Assembly , Confirms and Promises , that he will 〈◊〉 and observe the same . [ Then follow ] THE OBJECTIONS or ARTICLES Against the King , touching his Deposition . IMprimis , It is objected against King Richard , that whereas by reason of his ill Government , viz. His giving away the Goods and Possessions belonging to his Crown , and that to Persons unworthy , and his indiscreet squandering the same away otherwise , adn to that end , imposing without cause Collections and other grievous burthens on his People , more than they were able to bear , and also innumerable other Evils by his assent and Command perpetrated , there were by the whole Parliament certain Prelates , and others , Temporal Lords , Elected and Assigned , who might with all their power , and at their own Charges , faithfully labour about the just Government of the Realm . Yet the King causing a Conventicle to be held by him , with his accomplices , the said Lords , as well Spiritual , as Temporal , so occupied about the safety and profit of the Kingdom , did propose to impeach of High Treason ; and did violently draw the Judges of the Kingdom , for fear of Death , and Corporal Tortures , to such his wicked purpose , most vigorously striving to destroy the said Lords . II. Item , The said King lately at Shr●wsbury , caused several , and the greater part of the Judges , to come before him and his Favourites privatly in a Chamber , and by Menaces , and Various Terrors , as such affrightments as might fall even upon men of constant Resolutions , did induce , cause , and compel them , severally to answer certain Questions there propounded , on the behalf of the King ; concerning the Laws of his Kingdom , besides , and against their will , and otherwise than they would have answered , had they been at Liberty , and unforced . By colour of which answers , the said King purposed to have proceeded afterwards , to the destruction of Thomas Duke of Glocester , and the Earls of Arundel , and VVarwick , and other Lords , against whose deeds and behaviour the said King was much incensed , chiefly because they desired the said King to be under good Guidance ; But Providence withstanding it , by the resistance and power of the said Lords , the King was not able to bring such his design to effect . III. Item , When the Lords Temporal defending themselves , had withstood his malice and fraud , and the said King had prefix'd a day for holding his Parliament to do them , and other Inhabitants of the Realm , Justice in that behalf , and the said Temporal Lords , were quietly and peaceably gone home , and at Rest in their houses , in hope and confidence of the said Parliament , the King secretly sent the Duke of Ireland with his Letters and Standard towards Chester , and there gathered multitudes in Arms ; and caused them to rise against the said Lords , the Nobles of the Kingdom , and Servants of the State , publickly erecting his Standard , against the Peace which he had Sworn to keep . From whence slaughters of men , Captivities , Dissentions , and other infinite mischiefs , did ensue throughout the whole Kingdom , By which Act he became Guilty of Perjury . IV. Item , Although the said King had in full Parliament , and by the assent thereof , Pardoned the said Duke of Glocester , and Earls of Arundel , and Warwick , and all their Assistants , and others , all offences , and had for many years shown Signs of Peace and Love , to the said Duke and Earls , and to the rest appeared with a pleasant and benign Countenance , Yet the said King always , and continually bearing Gall in his Heart , did at last , taking an Opportunity , cause the said Duke of Glocester , the Uncle of him the said King , and also the Son of Edward late King of England , of happy memory , and Constable of England , then humbly going to meet the said King , in solemn Procession ; and the said Earls of Arundel , and W●●●ick , to be taken and Arrested ; and him the said Duke out of the Kingdom of England , to the Town of Callice did cause to be led , and there imprisoned ; and under the Custody of the Earl of Nottingham , ( and of the Appellors of the said Duke , ) detained , and without answer , or any lawful process whatsoever , did inhumanely , and cruelly cause to be suffocated , strangled , and murdered . And the Earl of Arundel though he pleaded as well the General Pardon , as a Pardon afterwards to him specially granted , and desired justice to be done him , yet in his Parliament , encompassed with armed men , and innumerable Archers of the People by him gathered to that purpose by Pressing , did damnably cause to be Beheaded . And the Earl of Warwick , and Lord Cobham , did commit to perpetual Imprisonment : wickedly and against Justice , and the Laws of his Kingdom and his express Oath , confiscating their Lands and Tenements , as well Fee-simple , as Fee-tail , from them and their Heirs , and giving the same to their Appellors . V. Item , At the same time , that the King in his Parliament , caused the Duke of Glocester , and Earls of Arundel , and Warwick , to be adjudged ; that he might more freely exercise his Cruelty upon them , and accomplish his injurious will in other matters , he gathered to himself a great multitude of Malefactors of the County of Chester , of whom some passing with the King through the Kingdom , as well within the Kings Pallace , as without , did cruelly kill the Liege Subjects of the Kingdom , and some they beat and wounded , and did plunder the Goods of the People , and refuse to pay for their Victuals , and did Ravish and Violate their Wives , and other Women ; and though their were grievous Complaints , of such their excesses brought to the hearing of the said King ; Yet the said King did not regard to cause Justice to be done , or any Remedy thereupon● , but did favour the said Troops in such their evil doings , trusting in them and their Guard , against all others of his Kingdom ; for which cause , the faithful People of his Kingdom , had great matter of Commotion , and Indignation . VI. Item , Although the said King by his writs , caused Proclamation to be made throughout the whole Kingdom , that he had caused his Uncle the Duke of Glocester , and the Earls of Arundel and Warwick , to be taken and Arrested , not for any Assemblings or Troopings by them , formerly made within the Kingdom of England , but for very many Extortions , Oppressions , and other things by them afterwards done , and perpetrated , against his Royalty , and Kingly Majesty ; And that it was not his Intention , that any of the Family of the said Duke , and Earls , or of their followers at the time of such Assembling , and Trooping , should for that occasion be molested , or aggrieved ; Yet the said King at last , in his Parliament , did not Impeach the said Lords for Extortions , Oppressions , or any such matters , but for the Assemblings , and Troopings aforesaid , did adjudge them to Death , and very many of the Family of the said Lords , and others , who were following them at the time of such their Assembling , and Trooping , he did , for fear of Death ; force to make Fine and Ransom , as Traytors , or Rebels , to the great destruction of a great Number of his People . And so he did subtily , fraudulently , and maliciously , deceive the said Lords , and their familiars , and the People of his Kingdom . VII . Item , After very many of those Persons so making Fine and Ransom , had obtained of the King , his Letters Patent of full Pardon in the Premises , they could not reap any Commodity by such Letters of Pardon , till they had made new Fine , and Ransoms , for saving of their Life , whereby very many were Impoverished ; which was a great Derogation and dishonour to the Name and State of a King. VIII . Item , In the Last Parliament , held at Shrewsbury , the said King purposing to oppress his People , subtily procured and caused it to be granted , that the power of the Parliament by the consent of the States of his Kingdom , shall remain in certain Persons , to determine ( after the dissolution of the Parliament , ) certain Petitions in the said Parliament exhibited , but then not dispatched . By Colour of which grant , the Persons so deputed , proceeded to other things generally touching that Parliament . And this with the will of the King ; in Derogation of the state of Parliament , & the great dammage of the whole Kingdom , and pernitious Example . And that they might seem to have some Colour and Authority , for such their doings , the King called the Parliament Rolls to be altered and blotted at his pleasure , against the Effect of the said Grant. IX . Item , Notwithstanding the said King in his Coronation had sworn , that in all his Judgments , he would cause to be done equal and right Justice , and discretion , in mercy and truth , according to his power ; Yet the said King rigorously without all mercy did ( amongst other things ) Ordain , under grievous penalties , that none should sue for any favour , or intercede with the said King , for Henry Duke of Lancaster , being Banished , whereby the said King did act against the Bond of Charity , rashly violating his Oath aforesaid . X. Item , Although the Crown of the Kingdom of England , and the Rights of the said Crown , and that Kingdom it self , have in all time past been so free , that our Lord the Pope , nor any other without the Kingdom , ought to concern himself about the same ; Yet the aforesaid King , for the Corroboration of such his erroneous statutes , did make supplication to our Lord the Pope , that he would confirm the statutes ordained his last Parliament , whereupon our Lord the King obtained the Apostolick Letters , in which grievous Censures are denounced against any that should presume in any thing to act contrary to the said statutes ; all which are well known to tend against the Crown , and Royal dignity , and against the Statutes and Liberties of the said Kingdom . XI . Item , Although the Lord Henry now Duke of Lancaster , by the Kings Command had preferred his Bill touching the State and Honour of the King , against the Duke of Norfolk , and the same had duely prosecuted ; so that according to the Kings Order , he had exhibited himself in all Points prepared for the Combate . And the said King had declared , that the said Duke of Lancaster had honourably performed his Devoir , as much as in him lay , and this by a Decree publickly Proclaimed before all the people Assembled at the said Combate : Yet the said King without any Legal Reason whatsoever , did cause and command the said Duke to be Banisht for ten Years , against all Justice , and Laws and Customs of his Kingdom , and the Law of War in that behalf , thereby damnably incurring Perjury . XII . Item , After the said King had graciously granted by his Letters Patents , to the Lord Henry now Duke of Lancaster , that in his absence whilst he was banisht , his General Attorneys might prosecute for Livery to him to be made of all manner of Inheritances or Successions belonging unto him , and that his Homage should be respited , paying a certain reasonable Fine ; he injuriously did revoke the said Letters Patent against the Laws of the Land , thereby incurring the Crime of Perjury . XIII . Item , Notwithstanding that it was Enacted , that every Year the Officers of the King with his Justices and others of the Kings Council , should choose Sheriffs for all the Counties of England , and name them to our Lord the King , according as to their Discretion and Conscience should seem expedient , for the good and utility of the Kingdom ; the said King hath caused persons to be made Sheriffs , not so nominated or elected , but other according to the Capricio's of his pleasure , sometimes his Favourites or Creatures , and sometimes such as he knew would not oppose his humour , for his own and others private advantage , to the great grievance of his People , and against the Laws of his Kingdom , thereby notoriously incurring Perjury . XIV . Item , At such time as the aforesaid King requested and had of very many Lords and others of his Kingdom , divers Sums of Money by way of Loan , to be paid again at a certain term , notwithstanding the said King faithfully promised by his several Letters Patent to the several persons of whom he borrowed the said Moneys , that at the term limited as aforesaid , he would repay the same , yet he did not fulfill such his Promise , nor are they yet satisfied the said Moneys , whereby such Creditors are much agrieved , and not only they , but many others of the Kingdom repute the King unfaithfull . XV. Item , Whereas the King of England by the Revenue of his Kingdom , and the Patrimony belonging to his Crown , is able to live honestly , without the oppression of his People , as long as the Kingdom is not burthen'd with the Charge of Wars ; yet the said King in a manner for his whole time during the Truces between the Kingdom of England and its Adversaries , hath not only given away a great , yea indeed the greatest part of his said Patrimony , and this to unworthy Persons : But also hath further imposed on his Subjects so many Burdens of Monies granted , as it were every year of his Reign , that thereby he hath extreamly and too excessively oppressed his People , to the Impoverishment of his Kingdom ; Not converting the Goods so levied to the Commodity and profit of the Kingdom of England , but prodigally squandering it away for the Ostentation of his Name , and in Pomp and Vain-glory : Whilst great Sums of Money are owing in his Kingdom for the Victuals of his Houshould , and other things bought , though he hath abounded with Riches and Treasures more than any of his Progenitors . XVI . Item , The said King not willing to keep or Protect the just Laws and Customs of his Kingdom , but according to his Arbitrary Will , to do whatsoever should occur to his Desires , sometimes and very often , when the Laws of his Kingdom have been expounded and declared to him by the Judges and others of his Council ; and that they have desired that he would do Justice according to those Laws , hath expresly and with an angry and haughty Countenance , said , That his Laws were in his Mouth , and sometimes , That they were in his Breast : And that he himself alone could make and change the Laws of his Kingdom . And being seduced with that Opinion , did not suffer Justice to be done to very many of his Leige People , but by Threats and Terrors hath forced very many to cease from the prosecution of Common Justice . XVII . Item , That after certain Statutes had been made in Parliament , which always bind , till they are specially revok'd by the Authority of another Parliament . The said King desiring to enjoy such Liberty that no such Statutes should so bind him , but that he might do and execute his pleasure , subtily procured a Petition to be preferred in his Parliament on the behalf of the Commonalty of his Kingdom , and to be granted to him in general , That he might be as free as any of his Progenitors were before him : By colour of which Petition and Concession the said King hath very often commanded very many things to be done against such Statutes unrepealed ; acting therein expresly and knowingly against his Oath taken in his Coronation as aforesaid . XVIII . Item , Although it was Enacted and Ordained , that no Sheriff should hold his Office above one year together , but that three years should pass , before he should be again admitted to that Office : The said King Richard sometimes for his own single Commodity , and sometimes at the instance of others , for their advantage , hath permitted and caused certain Sheriffs to stand and remain continually in their Offices , sometimes two , sometimes three Years , against the Tenor and effect of the Statute aforesaid , thereby incurring Perjury ; and this is notorious , publick , and generally ill spoken of . XIX . Item , Although by the Statute● and Custom of his Realm in the calling together of every Parliament , his People in several Countries of the Kingdom , ought to be free in choosing and deputing two Knights to be present in such Parliament for each respective County , and to declare their Grievances , and to prosecute such Remedies thereupon , as to them shall seem expedient . Yet the aforesaid King , that in his Parliaments he might be able more freely to accomplish the effects of his head-strong will , did very often direct his Command to his Sheriffs , that they should cause to come to his Parliaments as Knights of the Shire , certain Persons by the said King named ; which Knights being his Favourites he might lead , as often as he has done , sometimes by various Menaces and Terrors , and sometimes by Gifts , to consent to those things as were prejudicial to the Kingdom , and exceeding burthensom to the People ; And especially to grant to the said King a Subsidy on Wooll for the term of his Life , and another Subsidy for certain Years , thereby too grievously oppressed his People . XX. Item , the said King that he might more freely fulfil and follow in every thing his own Arbitrary Will , did unlawfully cause and command , That the Sheriffs throughout his whole Realm , besides their ancient accustomed Oath , should swear that they would obey his commands , as often as they should be directed to them , under his Great and Privy Seal , and also his Letters under his Signet . And that in case the said Sheriffs could come to know that any within their Bailiwicks of whatsoever condition they were , had publickly or secretly said or spoken any ill , that might tend to the disgrace or scandal of his Royal Person , they should Arrest and imprison them ; there safely to be kept till they should receive Command from the King to the contrary , as may be found in the Record ; which Fact may probably tend to the destruction of many of the Liege People to the said Kingdom . XXI . Item , The said King striving to trample under foot his People , and subtily to acquire their Goods to himself , that he might abound in superfluous Riches , did cause the People of Seventeen Counties of the Realm to submit themselves to the King as Traitors , by Letters under their Seals : By colour whereof he got mighty Sums of Money to be granted him by the Clergy and People of those Counties , for obtaining his Royal good Will and Favour ; And though to please the People , the King had caused those Obligatory Letters to be restored , yet the Procurators of the People having full Power granted them to oblige themselves and their Heirs to the said King ; he the said King caused them under their Seals to be bound to him in the Name of the said People , and so deceived his people , and Subtily extorted from them their Goods . XXII . Item , Although the said King in his Cor●nation had sworn to keep the Liberties granted to the Arglicane Church , yet the said King by reason of his Voyage into Ireland , did by his Letters command very many Religious Persons , viz. Abbots and Priors of his Kingdom , strictly requiring , that some of them should send to him certain Horses , and some of them not only Horses , but also Waggons and Carriages for his said Voyage , or in lieu thereof great Sums of Money in the said Letters expressed : By which manner of Writing he forced many of such Religious out of fear to fulfil his Will and Command , whereby they were heavily impoverisht and opprest in manifest derogation of Ecclesiastical Liberty ; by which Pretext the said King Richard did incur Perjury . XXIII . Item , In most of the great Royal Councils , when the Lords of the Realm , the Judges and others , being charg'd that they would faithfully Council the King in Matters relating to his State , and that of his Kingdom : The said Lords , Justices , and others , very often in giving Counsel according to their best Discretion , have been by the King suddenly and so fiercely chidden and reproved , that they have not dared to speak the Truth , in giving their Advice for the State of the King and Kingdom . XXIV . Item , The Treasures , Crowns , Reliques , and other Jewels , viz. The Goods of the Kingdom , which time out of mind have been Reposited in the Treasury of the Kingdom , for the Honour of the King , and preservation of his Kingdom , against any sudden Event or Exigency ; the said King Going out of his Kingdom into Ireland , did take away , and caused the same to be carried with him , without the consent of the States of the Kingdom Whereby this Kingdom had been vastly impoverisht , if God by the retaking of the said Goods against the said Kings Will , had not otherwise provided . And furthermore the said King did cause the Rolls of Records touching the State and Government of his Kingdom uo be destroyed and rased , to the great prejudice of his People and disinheriting the Crown of the said Kingdom : And all this , as 't is probably believed , in favour and support of his evil Governance . XXV . Item , The said King was wont as it were perpetually to be so variable and dissembling in his Words and Writings , and so contrary to himself and especially in writing to the Pope , and to Kings , and other Lords out of the Kingdom , and within it , and also to others his Subjects , that no man living that knew his Conditions could or would confide in him ; nay , he was reputed so unfaithful and unconstant , that it became scandalous not only to his own person , but also to the whole Kingdom , and especially amongst Foreigners of all the World that came to know the same . XXVI . Item , Although The Land and Tenements , the Goods and Chattels of every Freeman by the Laws of the Realm used from all time heretofore , ought not to be taken from him unless they be forfeited : Yet the said King purposing and longing to weaken such Laws , in the pretence of very many Lords and others of the commonalty of the Kingdom , hath frequently said and affirmed — That the Life of every one of his Svbjects , and his Lands , Tenements , Goods , and Chattels , are his ( the said Kings ) at his will and pleasure , without any forfeiture ; Which is utterly against the Laws and Customs of the Kingdom aforesaid . XXVII . Item , Although it was Fnacted and Ordained , and is hitherto Confirmed , That no Freeman shall be taken , &c. nor any way destroyed ; and that the King shall not pass , nor send any to pass upon him , but by the Lawful Judgment of his Peers , or by the Law of the Land : Yet by the Will , Command and Order of the said King , very many of his Liege People being maliciously accused for having publickly or secretly said something that might tend to the disyraise , scandal , or disgrace of the person of the said King , have been taken and Imprisoned , and brought before the Constable and Marshal of England in the Court Military , in which Court the said Liege People being accused would not be admitted to make any other Answer , than that they were no way guilty , and would justifie the same and defend themselves by their Bodies , and not otherwise ; notwithstanding their Appellors were young men , stout and lusty , and those so accused , antient , and impotent , maim'd or infirm ; Whereby not only destruction of the Lords and grandees of the Kingdom , but also of all and singular persons of the Commonalty of the same may probably ensue : Since therefore the said King hath wilfully acted contrary to such a Statute of his Kingdom , 't is not to be doubted but he hath thereby incurred the Crime of Perjury . XXVIII . Item , Although the People of the Realm of England , by vertue of their Leigeance are fully enough bound to their King , and the said King by the Laws and Customs of his Kingdom , is enabled to Correct and punish his People if in any kind they Transgress ; yet the said King desiring to trample on , and too much oppress his People , that he might the more freely execute and follow the Humour of his foolish and unlawful Will , by his Letters to all the Counties of his Kingdom , did Injoyn and Command , That all his Subjects , as well Spiritual as Temp●ral , should make certain Oaths in general which were too grievous to them , and which might probably cause the final destruction of his People ; and that they should confirm such their Oaths under their Letters and Seals . To which Royal Command , the People of his Kingdom did submit and pay Obedience that they might not incur his Indignation or Displeasure , and also for fear of Death . XXIX . Item , When Parties contending in the Ecclesiastical Court in Causes meerly Ecclesiastical and Spiritual , had endeavoured to obtain from the Chancellor of England , Prohibitions to hinder the lawful Process in the said Courts ; and the said Chancellor had justly refused to grant the same , yet the said King by Letters under his Signet , has frequently prohibited the Ecclesiastical judges to proceed in such Causes , thereby evilly infringing the Liberties of the C●urch in the Grand Charter approved , to the Conservation whereof he was sworn , and damnably incurring Perjury , and the Sentence of Excommunication ▪ against such Violators thereof , by the Holy Fathers pronou●ced . XXX . Item , The said King without any reasonable or lawful cause whatsoever , or any other process of Law , did in his Parliament , encompass'd in warlike manner by armed men , adjudge Thomas of Arundel , Lord Archbishop of Canterbury , Primate of all England , his Spiritual Father , absenting himself by the Treacherous Counsell of the said King , to Banishment against the Laws of his Kingdom , so by him sworn to , as aforesaid . XXXI . Item , By inspection of the Testament of the said King ; Sealed with the Great and Privy Seal , and also with his Signet , among other things there is contained this clause or Article . — Item , we will that the residue of our Gold ( the true debts of our House-hold , Chamber , and Wardrobe being paid , for payment whereof we bequeath Twenty Thousand Marks , reserving to our Executors , Five or Six Thousand Marks : which wee will by them to be expended towards the more plentiful maintainance of the Lepers , and Chaplains , to celebrate before them , by us founded at Westminster , and B●rmondeseye ) shall remain to our Successor , provided alwaies that he approve ratify and confirm , and hold , and cause to be holden , and firmly observed , all and singular , the Statutes , Ordinances , and Judgments , made , given , and render'd in our Parliament , begun at Westminster , the 17th day of the Month September , in the one and Twentieth Year of our Reign , and in the same Parliament , continued at Shrewsbury , and there holden , and also , all the Ordinances , Judgments , and Establishments , the 16th day of September , in the 22th Year of our Reign , at Coventry , and afterwards at Westminster , the 18th day of March , in the Year aforesaid , by the Authority of the said Parliament . And likewise all other Ordinances , and Judgments , which shall hereafter happen to be made by Authority of the said Parliament : But otherwise , if our said Successor shall refuse to do the Premises . ( which we do not believe ) Then we will that Thomas Duke of Surry , Edward Duke d' Auamale , John Duke of Exeter , and William le Scrope , Earl of Wiltshire , ( paying first the Debts of our Houshould , our Chamber , and our Ward●obe , and reserving Five or Six Thousand Marks , as abovesaid , ) shall have and hold all the said Residue above mentioned , for to support and defend the said Statutes , Establishments , Ordinances , and Judgments , to their utmost power , even unto Death , if it be necessary ; Upon all which , and every part , we do hereby charge and burden their Consciences as they will answer in the day of Judgment . By which Article it may evidently enough appear : That the said King did obstinately strive to maintain and desend those Statutes , and Ordinances , which are erroneous and unjust , and repugnant to all Law and Reason . And this not only during his Life , but after his Death too , neither regarding the Peril of his own Soul , nor yet the utter destruction of his said Kingdom , or Leige People . XXXII . Item , in the 11th Year of the said King Richard , he the said King in the Chappel of his Mannor of Langley , in the presence of the Dukes of Lancaster , and York , and very many other Lords , desiring ( as it hath appeared ) that is Uncle the Duke of Glocester , then there present , should fully confide in the Good will of him the said King , did voluntarily and of his own accord , swear before the venerable Sacrament of the Lords Body , there placed upon the Altar , that thenceforwards he would never endammage , trouble , or grieve him , the said Duke of Glocester , for any of his deeds which are said to have been committed against the Person of him the said King ; But did cheerfully and totally forgive him all his offence if any were . Yet afterwards , notwithstanding such Oath , the said King did horribly and cruelly cause the said Duke to be murdered , for such the before pretended offences , thereby incurring the Guilt of damnable Perjury . XXXIII , Item , After one of the Knigots of the Shires , of the said Kingdom , having a voice in Parliament , had Impeached the said Lord Thomas , Arch-bishop of Canterbury , upon certain defaults , committed against the Kings Majesty , as was untruely suggested : And the said Archbishop , presently then and there offered himself ready to answer the matters charged upon him ; and desired that he might be thereunto admitted by the King , not doubting as he said , but he shall be able , sufficiently to shew his Innocence ; Yet the said King , contriving by all the ways and means he could , to oppress the said Bishop of Canterbury , and ruin his Estate , ( as the Event of the matter has declared ) speaking graciously , and with a cheerfull countenance of the said Archbishop , from his Royal Seat , did advise and very earnestly request him , that at that time , he would hold his Peace , and expect a better and more fit time to make his defence ; which day being passed , the said King from day to day , for Five days or more , did fraudulently and treacherously deceive the said Archbishop , counselling him , and perswading him , that he would not come to the Parliament , but wait at home without any fear , because , as the said King faithfully did promise him , there should not in his absence any loss or prejudice be done or happen to him . Notwithstanding all which , the said King in his Parliament aforesaid , did in the mean time adjudge the said Archbishop to be banished , during the Kings pleasure , though absent , and never any way called to answer , and without any resaonable cause whatsoever ; and also voluntarily against the Laws of the Kingdom , and all Justice Confiscated all his Goods , whereby he likewise became Guilty of Perjury . But furthermore , the said King being willing to Palliate his Malice and Subtilty , by flattering discourses which he oft-times had with the said Arch-bishop , did endeavour to clear himself of such injury done , and make as if it were the doings of others ; insomuch that the Arch-bishop discoursing with the King , and with the Duke of N●rfolk and other Lords , and great men of the Kingdom , And happening to say by way of Lamenting his own Condition , That he was not the first that had suffered Banishment , nor should he be the last ; For he thought in a short time the Duke of Norfolk , and other Lords would follow him , and confidently a●erred to the King , That all the Rigour of these Proceedings , would finally be returned back on his own Head. To which the said King as astonished incontinently replied , that he verily thought it might so happen , and that he himself might and indeed ought to be expell'd his Kingdom by his Leige People . And further the King said , that if the same should happen , He would convey himself to the same place , where the said Archbishop should be . And that the Archbishop might the rather Credit his words , He shewed him a certain great Jewel , [ M●nile , a Brooch or Tablet , ] Curiously formed , underneath the skirt of his outward ●estment . Intimating for certain to the said Archbishop , that when ever he should send that Jewel for a Token , he would not delay to come thither , where the said Arch-bishop should be resident : And that the said Arch-bishop might more confide in him ; the said King sent to him , advising him , that he should Privately send all his Jewels , and other things of value , belonging to his Chappel , unto him the said King ; For the safe keeping thereof , lest by colour of the before mentioned Judgment , any one should wrongfully seize the same . Which under the greatest confidence in the World being done , the said King caused him to reposite the said Goods in certain Coffers : and the said Coffers to be locked up , and sealed by one of the Archbishops Clerks , and keeping the said Coffers by him , returned the Keys thereof by the said Clerk to the Archbishop . Yet afterwards unknown to the said Archbishop , caused the said Coffers to be broken open , and disposed of the goods therein , at his will and pleasure . Furthermore the said King faithfully promised the said Archbishop , that if he would but repair to the Port of Hampton , in order to go out of the Realm , he would at least by the Intercession of the Queen , get him Recalled . And if it should happen , that he the said Archbishop should go out of the Realm , he should without fail return into England , before Easter next following nor should in any kind lose his Archbishoprick : And this he faithfully promised , swearing upon the Cross of the late Martyr S. Thomas , Archbishop of Canterbury , by him the said King , corporally touched ; all which promises notwithstanding , the said King forced the said Archbishop to depart the Realm : And forthwith transmitted special Letters to the Apostolical See , to have him Translated . And so , and by other Frauds , and deceitful Tricks of the said King , the said Archbishop being a well-meaning believing man , was subtily circumvented . AND because it seemed to all the Estates of the Realm , being asked their Judgments thereupon , as well severally as jointly , That these causes of Crimes and Defaults were sufficient and notorious to depose the said King ; Considering also his own Confession of his insufficiency and other things contained in his said Renunciation and Cession , openly delivered , all the said States did unanimously consent , that ex abundanti , that they should proceed unto a Deposition of the said King ; for the great security , and tranquillity of the People , and benefit of the Kingdom . Whereupon the said States and Commons unanimously constituted , and publickly deputed certain Commissioners , viz. The Bishop of S Asaph , the Abbot of Glassenbury , the Earl of Glocester , the Lord Berkley , Sir Thomas Erpyngham , and Sir Shomas Grey , Knights , and William Thirnyng , one of the Justices , to pass such sentence of Deposition ; And to depose the said King Richard , from all Kingly dignity , Majesty , and Honour , on the behalf and in the name , and by the Authority of all the said States , as in like Cases , from the Antient Custom of the said Kingdom had been observed . And forthwith the said Commissioners taking upon themselves , the burthen of the said Commission , and sitting on a Tribunal before the said Royal Chair of State , having first had some debate of the matter , did on the behalf and in the name , and by the authority aforesaid , pass the said Sentence of Deposition , being reduced into writing , and caused such their Sentence to be read and recited by the said Bishop ef S. Asaph , their Collegue , by the Will and Command of the rest of the said Commissioners : In these words . IN the Name of God , Amen : We John Bishop of Asaph , John Abbot of Glassenbury , Thomas Earl of Glocester , Thomas Lord Berkley , Thomas de Erpingham , and Thomas Gray , Knights , and William Thirnyng Justice , Commissioners specially deputed to the matters under written , by the Peers and Lords Spiritual and Temporal of the Kingdom of England , and the Commons of the said Kingdom ; Representing all Estates ( or Conditions ) of the said Realm , sitting in Tribunal , and having considered the multiplyed Perjuries , Cruelty , and very many other Crimes of the said Richard , touching his government conmitted and perpetrated in his Kingdomes and Dominions aforesaid , during the time of his Governance ; and before the said States openly and publickly propounded , exhibited , and recited ; Which have been and are so publick , notorious , manifest , and scandalous , that they could not nor can be concealed with denial or excuse . And considering likewise the confession of the said Richard , acknowledging and reputing , and truly , and of his own certain knowledge , judging himself to have been and to be utterly insufficient and unmeet for the rule and Government of the said Kingdoms and Dominions , and their Appurtenances , and for such his notorious demerits , worthy to be deposed , as by him the said Richard , was before declared , and by his Will and Command , published before the said States , and made known and exposed to them in the vulgar Tongue , having already had diligent deliberation upon these things and all others , transacted in this Affair before the said States and us : We do on the behalf and in the name , and by the Authority to us in this matter committed , ex abundanti , and for Caution Pronounce , decree and declare him the said Richard , to have been , and to be unfit , unable , and utterly in sufficient for , and unworthy of , the Rule and Government of the said Kingdoms , and the Dominion , and Rights , and Appurtenances of the same , and for any by reason of the Premisses , to be deservedly deposed of , and from all Royal Dignity and Honour , if any thing of such Dignity and Honour were yet remaining in him . And with the same Caution we do Depose him by this our deffinitive sentence in writing ; Expresly forbiding all and singular the Lords , Archbishops , Bishops , and Prelates , Dukes , Marquesses , Earls , Barons , Knights , Vassals , and Valvassors , and other Subjects , and Leige people of tbe said Kingdoms and Dominion , and other places to the said Kingdoms and Dominion belonging , that henceforth none of them shall any way obey or Regard the said Richard , as King or Lord of the said Kingdom and Dominion . Furthermore the said States willing that nothing should be wanting which might be of value , or ought to be required touching the Premisses , being severally interrogated thereupon , did constitute the same Persons that were before nominated Commissioners , to be their Procurators , joyntly and severally to resign and give back to the said King Richard , the Homage and Fealty to him before made , and to intimate to him , if it should be requisite , all the Premises , touching such his Deposition and Renunciation . And then presently , as soon as it appeared by the Premises , and the occasion of them , That the Crown of England , with its Appurtenances was vacant , the aforesaid Henry Duke of Lancaster rising up from his place , and standing so erected as he might conveniently be seen by the People , and humbly fortifying himself with the Sign of the Cross on his Forehead , and on his Breast , having also first called upon the name of Christ , did claim the said Kingdom so vacant as aforesaid , with its Crown and all its Members and Appurtenances ; In this form of words in his Mother Tongue . IN the name of Fader , Son , and Holy Gost , I Henry of Lancaster , chalenge this Rewine of Yndlonde , and the Croun with all the Members , and the Appurtenances , al 's I that am descendit , be Right Line of the Blode , comyng fro the Gude Lord King Henry Therde , and thorghe that right that God of eis Grace hath sent mee , with helpe of my Kyn , and of my Frendes to recover it ; The which Rewme was in poynt to be ondone for defaut of Governance , and undoyng of the Gude Lawes . After which Claim and Challenge , as well the Lords Spiritual as Temporal , and all the States 〈◊〉 present , being severally and joyntly interrogated , what they thought of that Claim ? The said 〈◊〉 with the whole People without any difficulty or delay , did unanimo●sly consent , that the said Duke should Reign over them . And forthwith , as the said King shewed to the States of the Kingdom , the Signet of King Richard , delivered to him as a token of his will , that he should succeed him as aforesaid , the said Archbishop taking the said King Henry by the Right Hand , led him to the Royal Chair of State : And after the said King kneeling down before it , had prayed a little while , the said Archbishop of Canterbury , assisted by the Archbishop of York , did place the said King , and cause him to sit in the said Royal Seat ; All the people wonderfully shouting for joy , and by and by the said Archbishop of Canterbury , having with much ado , procured silence from the over joy'd multitude , made a short discourse , or Oration in these words . Vir Dominabitur populo , A man shall Reign over my people , 1 Sam. 9. 17. These are the words of the King of Kings speaking to Samuel , and teaching him how a person should be qualified to Rule , since the people desired to have a King given . And not unfitly may they be said of our Lord the King whom we behold this day , and if we but intimately consider these words , they afford us matter of great Consolation ; for God does not threaten us as he did formerly his people by Isaiah , saying , Isa. 3. I will make Children to rule over them ; But according to his Compassion , who in his wrath remembreth mercy , he hath visited his people , and now no more Children ( as heretofore ) shall Lord it over them . For the Lord saith to them , A man shall Rule : Of the late Rulers of this Kingdom , or any of them , one might have fitly said that of the Apostle , Cor. 13. I spake as a Child , I understood as a Child , I thought as a Child . The Apostle repeats it thrice , As a Child , I spake , I understood and thought . As to speech 't is certain that a Child is unconstant in speaking , he easily speaks true , and as easily false , is 〈◊〉 inwards to promise , but what he promi●●● pres●ntly forgets . Now these are things very 〈◊〉 and dangerous in a King ; nor is it possible that any Realm shall stand long in happiness where these Conditions bear sway . But from such mischiefs a Kingdom is freed , whese Scepter is sway'dly a Man ; for it belongs to a Man to s●t a watch before his Tongue ; and such is our present happiness , over whom not a Child , but a Man is set , and such an one , as I hope we may say of him That in Eccles 9 Blessed is the man that hath not erred with his Tongue , Th●n saith the Apostle , I understood as a Child : Now a Child 〈◊〉 nothing but flatteries and pleasing things , and understands only Bawbles and 〈◊〉 , and loves not 〈◊〉 that argues according 〈…〉 hates him beyond all 〈…〉 amongst us Truth 〈…〉 under foot , so that none durst 〈◊〉 ; and therefore 't is plain and appar●●● enough , that He that th●n Reign'd understood as a Child . For a Man is not addi●●● to such things , but understands wisdom , so that by the Grace of God it may be said of him , 〈◊〉 is written Eccles. 9. Blessed is the man that abideth in wisdom . For as a Child is delighted in Vanity , so a man has regard to Truth and Wisd●m : Truth therefore shall enter and Vanity depart , which has done so much mischi●f in our Nation ; for now a Man shall Rule , who seeks after Truth , and not Vanity or Flattery . Thirdly , It is said , I thought as a Child , for a Child thinks and studies only how to have his humour , and do things according to his own will , and not according to Reason : Therefor● when a Child Reigns , there only Self-will Reigns , and Reason is banisht , and Constancy is put to flight , and great danger ensues ; from which danger w● are d●l●ver●d ; for a Man shall rule over us , to wit , One that speaks not like a Child , but thus , as one that has the perfection of Reason — I come not to do my own will , but the will of him that sent me ; to wit , of God : And th●r●fore of such a man we will say not only that he will abide in wisdom , but also that as a Man , not a Child , he will meditate on the Circumspection of God ; that is , he will every way d●l●gently observe that Gods will not his own be done , and so in the stead of a Child wantoning in fo●lish stubborn humors , a Man shall R●ign , and such a Man , that it shall be said of him , — A King shall Reign in wisdom , and he sh●ll e●●ente Judgment and do Justice in the Earth . Which Harrangue being ended the said Lord King Henry to appease the minds of his Subjects , did then and there utter these words . Sirs , I thank God and ȝowe Spiritual and Temporel , and all the Astates of the Lond , and do ȝowe to wyte , it es noght my will that no man thynke that be way of Conquest I wold disherit any man of his Heritage , Franches , or other Ryghts that hym aght to have , no put hym out of that that he has , and has had by the gude Laws and Customs of the Rewme : Except those persons that has ben agan the gude purpose and the commune profit of the Rewme . And forthwith considering , that by the former vacancy of the Royal Throne , by the Cession and Depos●●ion aforesaid , all power of Justices , Sheriffs , and other Officers , throughout the Kingdom was ceased , therefore to the end , that there might be ●●●failure nor delay in the administration of Justice , to the grievance of the People , he caused principal Officers and Justices to be made and sworn to him with the usual Oaths . And it was immediately proclaimed by the Kings Command , that on Monday next , after the said Feast of S. Michael , a Parliament should be held , and celebrated . And that on the Monday following that , that is to say on the Feast of S. Edward , should be the Coronation of the said King at Westminster , and that all those that could claim any service in the said Coronation , should come to the White hall , of the Palace before the Steward , Constable , and Marshall of England , on Saturday next , before the day of the said Parliament , to make their just demands in that behalf , and receive right therein . But as for the shortning the day assigned to the Parliament , there was a Protestation made by the King , That it was not his intent that thereby any prejudice should be brought upon the States of his Kingdom ; nor that the same for the future should be drawn into Example : but that such Abbreviation of Time was only made for the benefit and profit of the Kingdom , and especially to save the Labour and Expences of several of his people , and that the Grievances of the people might be the sooner remedied . After which the King arising from his Royal Throne , and beholding the people with a cheerful and benign Countenance , retired himself from thence , all the people rejoycing . And the same day in the White-hall aforesaid , made a solemn Feast to the Nobles and Gentry there in a vast multitude assembled . And afterwards , viz. On Wednesday next following , the before named Procurators so deputed as aforesaid , did according as they were commanded , repair into the Presence of the said la●e King Richard being within the Tower aforesaid , and the said Sir William Thirnyng the Justice , for himself and his Companions and Fellow-Pro●urators , in the Name of all the States and People aforesaid , did notifie and fully declare unto the said Richard , their admission of his said Renunciation , and the Manner , Cause and Form of such sentence of Deposition , and presently did resign and give back to the said late King Richard the Horiage and 〈◊〉 formerly to him made as aforesaid : With these words . The Words which William ●●●nyng spake to Monsire Richard late King of England at the Tower of London in his Chamber , on Wednesday next after the Feast of S. Micha●l the Archangel , were as follow : SIre , It is wele know to ȝow , that ther was a parlement somon'd of all the States of the Reaume for to be at 〈◊〉 and to begin on the Tuesday in the Morn of the Fest of S. Mi●h●el the Archangel , that was ȝesterday ; 〈…〉 of the which Summons all 〈…〉 of this Lond were there 〈◊〉 the which States 〈◊〉 made 〈…〉 persones that ben conten 〈…〉 now , her 〈◊〉 , and 〈…〉 Autorite and Power , and charged hem for to say the words that we shall say to ȝow in her Name , and on their behalve ; that is to wytten , the Bishop of Saint Assa for Ersbishoppes and Bishoppes , the Abbot of Glastenbury for Abbots and Priours , and all other men of Holy Chirche , Seculers and Rewelers the Eearle of 〈◊〉 ▪ for Dukes and Erls , the Lord of Berkley , for Barons and Laue●ettes , 〈◊〉 Thomas 〈◊〉 Chamberleyn for 〈◊〉 Bachilers and Commons of this Lond be South ; Sir Thomas Grey for all the Bachilers and Commons by North , and my f●lawe Johan Markham , and me for to come with hem for all thes States , And so , Svre , these words and the doing that we shall say to ȝowe , is not onlych our wordes , but the wordes and the d●yngs of all the States of this Lond , and our Charge and in her Name . And he answered and said , That he myste wele that we wold noght say but as we were charged . Sire , ȝe remember ȝowe wele that on Moneday in the 〈◊〉 of Sein● M●ch●● the Archan●gel 〈◊〉 in this Chamber , and in 〈…〉 and 〈…〉 and of Lordship , 〈…〉 and Wyrship that longed thereto , and assoiled all ȝour Leiges of her Ligeance and Obeisance that longed to ȝowe uppe the fourme that is contened in the same Renunciation and Cession , whiche ȝe redde ȝour self by ȝour mouth , and affermed it by ȝour Othe , and by ȝour own writing . Upon whiche ȝe made & Ordeined ȝour Procurators the Ersbishop of York and the Bishop of Hereford , for to notifie and declare in ȝour Name thes Renunciation and Cession at Westmynstre to all the States , and all the People that was there gadyr'd , betause of the summons aforesaid , the which thus don yesterday by thes Lords ȝour Procurators , & we le herde and understouden thes Renunciation and Cession ware plenelich and frelich accepted , and fullish agreed by all the States and People foresaid . And over this , Sire , at the instance of all thes States & People , ther ware certain Articles of Defautes in ȝour Governance redde there and tho we le herd & pleine●ich understo●den to all the States foresaid , hem thoght hem so trewe , and so notorie and knowen , That by tho Causes , and by mo other , as thei sayd , and 〈◊〉 Consideration to ȝour own 〈…〉 ȝour own Renunciation and Cession , that ȝe were not worthy , no sufficient ne able for to Governe , for ȝour owne demerites , as it is more pleinerlich contened therein , hem thoght that wos resonable and cause for to depose ȝowe , and her Commissaries that they made and ordein'd , as it is of Record that declared and decreed and adjudged ȝowe for to be deposed and pryved , and indede deposed ȝowe and pryved ȝowe of the Astate of King , and of the Lordship conteined in the Renunciation and Cession forsayd , and of all the dignite and wyrshipp , and of all the Administration that longed thereto . And we procurators to all thes States and People forsayd os we be charged by hem , and by her Auctorite gyffen us , and in her name ȝelde ȝow uppe for all the States and People , forsayd Homage Leige , and feaute , and all Leigeance , and all other Bondes , Charges , and Services that long therto , and that non of all thes States and People fro thys tyme forward ne bere ȝowe Feyth , ne de ȝowe Obeisance os to that King. And he answered and seyd , that he loked not ther after , but he sayde , that after all this he hoped that is Cosyn wolde be goode Lord to hym . Thus far the Record word for word Translated out of the Latine and French , and the English re●●ted in the Old Words , and obsolete spelling as it ●ands in the Rolls remaining in the Tower , the some being attested to have been Examined and so●nd to ●gree the●●with . Thus 〈◊〉 the series of 〈◊〉 we have 〈…〉 this 〈◊〉 happy Prince through all the 〈◊〉 of 〈◊〉 , and s●e● ho● by over-straining at too absolute a power , he fatally came to be depri●ed of his 〈◊〉 unquestioned Domin●on , so that on a sudden he was abandoned , despised , and reduced to the Condition of a private man , a State so much worse than that of Death , as it s●ffered him to 〈◊〉 his Honour , and remain only a Monument of his own Ignominy , and the Iri●mphs of his Successor . Yet this 〈…〉 not very long , for there 〈…〉 many steps between the Prison ▪ and the 〈◊〉 of Princes . Though in truth his Fate 〈◊〉 have been 〈◊〉 by the vai● attempts of pretended Friends to restore him , rather than by any 〈…〉 of these that had dispossessed 〈◊〉 . For at first after his Deposition , he was carried to ●●eds Castle in Ken● , and there kept under 〈…〉 as a Prisoner , but not in any very close Con●inement , nos yet without Prince● ▪ 〈◊〉 in some proportion to his 〈…〉 . On Monday , the 20th of September , 1●9● . was the said King Richard's Resignation ; on the next 〈◊〉 he was Deposed by the Parliament , and Henry 〈◊〉 ▪ the said claim to the Crown , and actually began his Reign as King. On the 6th of October a Parliament meets , that was Summoned by him in his own Name , and on Monday the 13th of the same October , he was Crowned , being the same day of the Month on which in the very last year he received Sentence of Banishment . The better to establish his new assumed Throne , he began with Acts of Clemency , as hoping to purchase new Friends , or at least extinguish old Exmit●es ; the Dukes of 〈◊〉 and Exe●er , the Earl of Sali●bury , and the Lord Morley ( all Priv●●●● to the late King Richard ) he freely pardon'd ; ye● could not this unexpected favour ( at which the common people not a little 〈◊〉 , as being they thought undeserv'd ) restrain these very Noblemen from hazarding their own Lives , and His too , for whose sake they pretended to venture them , in attempting fresh 〈◊〉 . For before King Henry had reigned two years , they , with several others , enter'd into a Confederacy ( first hatcht , 't is said , by the Abb●t of Westminster ) to destroy him , by surprising him at a T●urnament , or Martial Exercise , that they appointed to be held at Oxford , and to which they had solemnly in●ited him , and then to re-establish Richard. A Plet , which whether it were more justly or imprudently design'd , more wonderfully discovered at first , or more strangely quash'd at last , o● prov'd more fatal to the undertakers , or to the said late deposed King Richard , we must refer to the Reader 's censure : For in short so it was , T●at the Duke of Aameric riding towards Oxford 〈◊〉 joyn the rest of his Associates at their pretend●● 〈◊〉 , calling by the way on his Father the Du●● 〈◊〉 York , and having in his bosom an Indenture , containing the Heads of the Conspiracy mutually Sign'd and Seal'd by the principal Agents therein ; the old Duke happening to spy it as they sat at Dinner , ask'd what it was ? And the Son in some disorder answering , that it no way concerned him , the Father swore by St. George that he would see it , and pluck'd it from him ; by which perceiving their Plot , he upbraided his Son , and told him , he would presently acquaint King Henry . But Aumerle got out of the House , and rode with such speed , that he got to Windsor ( where the Court then was ) before his Father , and begging the King's Pardon , first of all discover'd the whole Intrigue himself . The King provides for his own safety , retires to London , and the Conspirators perceiving the business had taken Air , prompted on by despair , betook themselves to Arms ; and having with them one Maudlin a Priest , that very much resembled King Richard , they attired him in Royal Robes , and gave out , that he was King Richard , escaped out of Prison . By which Fiction they drew together a considerable Army and such as might have shockt King Henry's scarce-well-setled Crown , had not Fortune ( always his Friend ) scattered them in a moment by the most unexpected accident in the World. For their Troops being encamped near Cicester , and the Duke of Surrey , and the Earl of Salisbury , taking their Quarters within the Town at one end , and the Duke of Exeter , and the Earl of Glocester , in another : The Bayliff of the Town ( I am sorry his Name is not recorded , for a stout brave fellow no doubt he was , that durst attack such mighty Peers , that had so numerous an Army within a Mile or two of the Town ) understanding that they were in Rebellion against the King , gathering a Company of Townsmen in the night , assaulted the Inn where Surrey and Salisbury lay , who after a long defence , being in danger of being taken , a Priest of their Party set divers Houses in the Town on Fire , hoping thereby to divert the Assailants from prosecuting the Lords , to save their Houses . But this enflam'd them the more , & so hotly they pursued the Skirmish , that they slew the said two Noblemen , and cut off their Heads . In the mean time from the other Inn , Exeter fled to his Camp , intending to bring the whole Army to rescue his Friends : But the Soldiers having heard a Clamour , and seeing the Town on Fire , imagined King Henry had been come with all his Forces and so in a pannick fear fled and dispersed themselves ; and the said Duke of Exeter having skulk'd up and down for some time , was taken and Beheaded at Plashey in Essex ; The very place where by his Council and Contrivance the Duke of Glocester had been apprehended , and sent away to Cal●ce to be murdered . Though King Richard being all this while a Prisoner , cannot be supposed to have much hand in this Insurrection , yet being undertaken for his sake , it might possibly hasten his End. He was now remov'd from Leeds to Pom●ract Castle , and as we know not the certain time of his Death , so likewise is the manner of it variously reported . Some write ; That he was every day serv'd in with abundance of costly Dishes , but not suffered to touch or tast one of them , and so perished with Famine ; but such barbarous unnatural Cruelty seems wholly fabulous . Others relate , That King Henry having at Table been ove●heard to say with a sigh — Have I never a Friend that will rid me of him whose Life will br●ed destruction to me , and disquiet to the Realm ? One Sir ●ierce Exton taking this for a Warrant , goes down to ●ontefract , and first commanded his 〈…〉 to take the Essay of his Meat as formerly 〈◊〉 at which Richard being offended , and being told 〈◊〉 was by K. Henry's Order , said to his Squire , The Devil take Henry of Lancaster & thee together ; upon which Sir Pierce entered the Chamber with eight Armed Men , which King Richard perceiving , wrung the Bill out of the hands of the for most , and slew four of them , but was at last himself knock'd down by Sir Pierce with a Pole-Axe : Which Relation likewise seems a little Romantick . Walsingham tells us , that after the Defeat of his Friends , the Duke of Exeter , &c. finding all hopes of his Restoration destroyed , he fell into such a sullen Melanch●ly that he would tast no Food , and so voluntarily starved himself . But which way soever he came by his End , King Henry it seems was willing to let all the World know he was dead , for his Body , Embalm'd and covered with Lead , all save the 〈◊〉 , was br●ught to London , where for three days together it was exposed at Paul's to publick view , and then buried in the Church of Predicant Friars at Langley in Buckinghamshire ; But afterwards by King Henry the Fifth removed to Westminster , and there honourably E●tombed . Yet some Scottish Historians affirm ; That he escaped out of Prison , and led a 〈◊〉 and virtuous life in that Kingdom for divers years , and lies buried ( as they say ) in the Black Friers at Sterling . So different i● the 〈◊〉 of Fame touching this unhappy Prince's exit out of the World , who lived therein about 3● years , and Rei●n●d 22 years and 3 months . FINIS . Notes, typically marginal, from the original text Notes for div A44656-e2170 * See Doctor James of Oxford , his Apology for Wickliff , shewing his Conformity with the new Church of England , Printed An. 1608. * [ That is only for offences against Gods Law. ] * [ This is wrested to a worse sense than Wickliff intended . ] * [ This is the same Calumny with the Fourth Heresie . ] * Sir W. Ch. p. 247. Knyghton , Col. 2701. Knyghton , Col. 2698. 
B06129	----	To the Kings most sacred Majesty : the most faithful and unfeigned thanks and resolves of the mayor, sheriffs, aldermen, citizens and commonality of the city of Norwich, in Common Council assembled ... Norwich (England). Common Council. 1681 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06129 Wing T1559A ESTC R185324 52615013 ocm 52615013 176241 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06129) Transcribed from: (Early English Books Online ; image set 176241) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2765:23) To the Kings most sacred Majesty : the most faithful and unfeigned thanks and resolves of the mayor, sheriffs, aldermen, citizens and commonality of the city of Norwich, in Common Council assembled ... Norwich (England). Common Council. 1 sheet ([1] p.) s.n.], [S.l. : Re-printed in the year, 1681 Caption title. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- II, -- King of England, 1630-1685. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Norwich (England) -- History -- 17th century -- Early works to 1800. Great Britain -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion To the KINGS most Sacred Majesty : The most Faithful and Unfeigned Thanks and Resolves of the Mayor , Sheriffs , Aldermen , Citizens , and Commonality of the City of Norwich , in Common Council Assembled , at their General Quarter Assembly , held the 3d. of May , in the 33d . year of Your Majesties Reign , and Sealed with their Common Seal . FIrst , we Restore Your Majesty , our Hearty Thanks for Your Majesties steady Resolution of maintaining the Rights of the Crown , and Succession in their due Course , and our Religion , by Law Established , the Right of Your Subjects , their Liberties and Properties , against the Arbitrary proceedings of the House of commons , in their two last Parliaments , and their Vnlimited , and Illegal Imprisonments ; and their Messengers exorbitant , exacting pretended Fees form Your Loyal Subjects , contrary to Magna Carta , and Your Majesties Declaration , dated the eight day of April , 1681. We also Vnanimously thank Your Sacred Majesty , for giving Your last Parliaments such timely Dissolutions , and for Your Gracious and kind Declaration sent after them , and not passing limitations , or nullifications of such wholesome Acts , as were designed for a preservation of the Reformed Religion , especially the 35th . of Queen Elizabeth , as well as for not signing such others , which were prepared for Your Majesties Subjects , to associate and destroy the Succession , and extirpate Monarchy , not doubting , but by Your Majesties great Wisdom , effectual Care will be taken , that those Laws , now in force , may vigorously , speedily , and equally be put in execution , against all Papists and Protestant Dissenters , whereby we hope in time , they will be all brought to their right Vnderstanding , Obedience , and Allegiance to Your Majesty . And we do Vnanimously resolve , that it shall be our utmost endeavours , when Your Majesties occasions require , to send such men for our Representatives , as shall readily , and willingly supply Your Majesties occasions , and the Defence of the Kingdom by Sea and Land , and give discouragements to all Papists , and other malicious opposers , being clearly Convinced , that the Conveening of Parliaments to any place , Managing , Proroguing , and Dissolving the same , is the unquestionable Right of Your Majesty . We farther Resolve , that to our utmost power we will , as in duty bound , stand by , and defend with our Lives and Fortunes , Your Majesties Sacred Person and Government , as by Law Established , and the Succession in the right Line , and legal course of descent , against all vile Attempts of all that do yet retain their old Common-wealth Principles , by whom Your Father of Ever-blessed Memory , was Barbarously Murthered , and shall always , upon all occasions , be in greatest readiness to perform the same , and glad to shew our selves , Great Sir , Your Sacred Majesties most Faithful , Dutiful , Obedient , Loyal , and true hearted Citizens and Subjects . Re-printed in the Year , 1681. 
A96173	----	A cat may look upon a king Weldon, Anthony, Sir, d. 1649? This text is an enriched version of the TCP digital transcription A96173 of text R209518 in the English Short Title Catalog (Thomason E1408_2). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 55 KB of XML-encoded text transcribed from 60 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A96173 Wing W1271 Thomason E1408_2 ESTC R209518 99868394 99868394 169924 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96173) Transcribed from: (Early English Books Online ; image set 169924) Images scanned from microfilm: (Thomason Tracts ; 181:E1408[2]) A cat may look upon a king Weldon, Anthony, Sir, d. 1649? [6], 105, [5] p., plate Printed for William Roybould, at the Unicorn in Pauls Church-yard, London : 1652. Anonymous. By Sir Anthony Weldon. Cf. Wing. Annotation on Thomason copy: "Jan. 10th.". Reproduction of the original in the British Library. eng Kings and rulers -- Early works to 1800. Great Britain -- Kings and rulers -- Early works to 1800. A96173 R209518 (Thomason E1408_2). civilwar no A cat may look upon a king: Weldon, Anthony, Sir 1652 9257 6 0 0 0 0 0 6 B The rate of 6 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ●ars Puer Alecto , Virgo , VULPES , Leo , Nullu ▪ A CAT May look upon a KING . depiction of a cat London , Printed for William Roybould , at the Unicorn in Pauls Church-yard . 1652. TO THE READER . IF I were Master either of good Language , or good Method ; I would then presume to present this ensuing Discourse , & according to the fashion , intreat thy courteous acceptance : But being so rude & naked ( yet true ) I send it forth into the World to take its fortune with the rest of the Paperbrats of this Age : some may fret , some may laugh ; both please me alike : my end only is , that we may all of us , after so much blood & treasure spent , with hearts and hands , pray for and endeavor the welfare , security , & prosperity of the whole . Adieu . The Introduction . THE unparallel'd Transactions of these our late times have raised in mee such a confusion of thoughts , that I resolved to look back ; as a man that is stunn'd with a stone , looks not after the stone , but after the hand that flung it . And surely I find ( by the help of my spectacles ) King JAMES was the Fountain of all our late Afflictions and miseries . It hath been a custome among our flattering Priests ( for I know none else used it ) upon mention of deceased Princes , to use the expression , Of blessed memory ; and so I believe have used it , ever since William the Bastard of Normandy over-ran this Kingdome . Which begat another itch in me , to search the lives of all our Kings since him , to see if any of them had deserved that reverend remembrance . And first for King William The Conqueror . I Know no better testimony of him , then out of his own mouth , lying upon his death-bed : his words take as followeth . The English I hated ; the Nobles I dishonoured , the Commons I cruelly vexed , and many I unjustly disinherited : In the County of York , and sundry other places , an innumerable sort with hunger and sword I slew ; And thus that beautifull Land and Noble Nation , I made desolate with the deaths of many thousands . William Rufus . THis King did not only oppresse and fleece this Nation , but rather with importunate exactions did as it were flay off their skins . His chiefest consorts were effeminated persons , Ruffians , and the like ; and himselfe delighted in continual adulteries , and company of Concubines ( even before the sun . ) None thrived about him , but Treasurers , Collectors , and Promoters : Hee sold all Church — preferments for mony , and took Fines of the Priests for fornication . Hunting in that most remarkable New-Forrest , Walter Tyrrel shot him to the heart with an arrow out of a Crosse-bow , whether of purpose or not , is no great matter . Henry 1. IS branded with Covetousnesse , and intolerable taxations ; and cruelty upon his elder brother , whom he kept in perpetual prison , and put out both his eyes : and for his most excellent leachery , leaving behind him fourteen Bastards . King Stephen . IN famous for perjurie ; a hater of this Nation , whom he durst never trust , but oppressed this Land with strangers , notwithstanding that he had received the Crown upon courtesie ; dyes , and leaves behind him two bastards . Henry 2. NEver such a horrid extractor of monies from the Subjects , as this King ; and is infamous for perjury , jealousie , and lechery ; curses all his children upon his death-bed , and so dies leaving three bastards . Richard 1. RAked more money by unparalell'd Taxes upon this Nation , then any King before him : his voyage to the Holy-Land pared them to the bones by many unjust wayes ; but his unlucky return quite ruined it : He dyes by a poyson'd arrow , and leaves two Bastards . King John . OF this King we cannot reckon so many impieties as he had : Unnatural to his own blood , to the wife in his bosom ; bloody to Nobility and Clergy ; Perjury , often swearing , but never kept his word ; betrayes the Crowne and Kingdome to the Pope ; And rather then want his will to ruine both Church , Nobles , and the whole Nation , sends Ambassadours to a Moor , a mighty King in Africa , to render unto him this kingdome of England , to hold it from him as his Soveraign Lord , to renounce Christ , and receive Mahomet . In the heat of his wars with the Nobility , Gentry , and Commons of this Land , repaires to the Abbey of Swines-head , where he is poysoned , and leaves behind him three Bastards . Henry 3. A Chip of the old block , for no Oath could bind him ; Jealous of the Nobility , brings in strangers , despiseth all counsell in Parliament , wastes all the Treasure of the kingdome in Civil wars , sells his Plate and Jewels , and pawnes his Crown . Edward 1. GOvern'd his will by his power , and shed more blood in this Kingdome , then any of his fore-runners ; counted his Judges as dogs , and died as full of malice as he lived full of mischief . Edward 2. A Man given to all sorts of unworthy vanities , and sinful delights : The scourge and disgrace of this Nation in Scotland , against a handfull of men , with the greatest strength of England . After so many perjuries about his Favourite Gaveston , and slaughter of the Nobility , he is deposed and murdered . Edward 3. TO his everlasting staine of honor , surrenders by his Charter , his Title of Soveraignty to the kingdom of Scotland ; restores the Deeds and Instruments of their former homages and fealties ( though after the Scots paid dear for it ) to supply his want . Whatsoever he yielded to in Parliament , was for the most part presently revoked : And in that Parliament which was called The Good , they desire the King ( having abundantly supplied his wants ) to remove from Court four persons of special prejudice to his Honour , and the Kingdomes , with one Dame Alice Piers , the Kings Concubine , an impudent troublesome woman : But no sooner ended this Parliament , having gotten their monies , but those four forbidden return to Court , and their wonted insolencies : The Speaker , who had presented the Kingdomes grievances , at the suit of Alice Piers , is committed to perpetual imprisonment . Richard 2. T Is said of this King , he spared neither the dignity , nor the life of any that crost his pleasure ; spared neither lewd example , nor vild action , to follow cruell councell ; A man plung'd in pleasure , and sloth ; in his private councels would alter whatsoever the Parliament had setled ; neglects his debts ; prodigal to strangers , destroyes the Nobility ; and for his hypocrisie , cruelty , perjury , and tyranny , is deposed and murdered at Pomfret-Castle . Henry 4. SO true is that Distych translated out of Suetonius : Who first exil'd , and after crown'd , His reign with blood will much abound . For after he had murdered his Predecessor , nothing took up this Kings reigne but ruine and blood upon the Nobility and Gentry of this Kingdome , with such unsufferable taxes as never were before , nor since . Henry 5. THis King reigned about nine years and a halfe , all which time our stories mention nothing but his wars , raising of monies , and spending the blood of this poor Nation . Henry 6. AND Edward 4. WEre two men , born as it were , for ruine , blood and misery to this kingdome ; whose lives and actions no man can read with patience : That so much treasure and so many mens lives should be spent and lost , to maintain the ambition , luxury , pride and tyranny of but two men , in so many set-battels fought in the bowels of this kingdom . Henry was stab'd with a dagger by the Duke of Glocester in the Tower . Edward died at Westminster and left behind him two bastards , and a miserable Whore Jane Shore . Richard 3. A Monster of lust & cruelty ; whose murders , too many to be here repeated , are at large set down in our Chronicles , with his attempts of Rape and Incest . So perfect he was in villany and hypocrisie , that he would alwayes use most faire language , and shew greatest signs of love and courtesie to that man in the morning , whose throat he had taken order for to be cut that night ; and was the first I read of in our stories , that ever used that oath , God — damn — me . He was slain at Bosworth-field ; his body stark naked & mangled , besmear'd with blood and dust , was brought upon a horse to Leicester , where for a spectacle of hate and scorn , he lay two dayes unburied . Henry 7. THis King , my Lord of Virulam hath washt his face so cleane with good language , that without a neer approach he is hardly discovered : But surely I find no right he had to the Crown , more then the consent of the people , ( which was not then in fashion ) whom hee never durst trust neither , his heart continually burning to destroy all sparks of the right blood , and their Abettors . How was the Lord Chamberlaines life jugled away for his thoughts , and his estate which was so considerable , with many more of our Nobility . And for that story of Richard Duke of York , son to Edward the 4. under the name of Perkin Warbeck , I do as verily believe he was the said Duke of York , as I believe Henry the 8. was the son of this Henry the 7. the circumstances being so pregnant from so many persons of honour , but nothing more confirmes me in it , then this kings indefatigable paines and most infinite cost to get him , and ruine him , and with him the harmless Earl of Warwick , the one beheaded , the other hang'd at Tyburn ; and surely though this king did far excell all his predecessors in craft , yet was he as guilty of cruelty and blood as the worst of them ; Nor can all the water in the Sea wash from him those two monstrous sins of Avarice and Ingratitude . Henry 8. TO say much of him , were to make you surfeit ; Sir Walter Raleigh's testimony of him is sufficient . If all the pictures and patternes of a merciless Prince were lost in the world , they might all be painted again to the life out of the story of this King : His vast expence of treasure , and profuse blood-shed , made this Kingdome look with a ghastly face ; and to express him fully , this remaines of him to everlasting , That he never spared man in his anger , nor woman in his lust . I do none of them wrong , for thus I find them branded to my hand by publique Records : and surely this puts me in mind of a story I have heard in Spain ; A Friar preacht before Don Pedro the king , sirnamed the Cruel , took his Text which invited him to extoll Regal Dignity to its highest pitch , often saying , Few kings went to hell ; but in the close of his Sermon , said , You may , peradventure , wonder that I so often tell you that few kings go to hell , marry the reason is , there are but few kings , for if there were more , they would go all to the Devil . Of all these our kings , I would know which was of blessed memory , who ruled by blood , oppression , and injustice upon this nation , in contempt of God and man : Let no man now wonder if this Nation endeavour ( after so long and grievous bondage under tyranny ) to reduce themselves into a free State . And as the face of things do now appeare in their glory ( for such surely they are ) I see no great hinderance to an honorable , and secure setling of this Nation in a free State to the worlds end , if we can agree amongst our selves ( which I pray God we may . ) If an honest League be made , and as honestly kept betwixt us and the Hollander , ( not that I care much for Hans , but because he is a man of business , and surely 't is Trade must make this Nation rich and secure ) I know no power in Christendome can hurt us : Shipping and Mariners must be cherished , the value of our money so setled , that the Mint may go plentifully ; our Gold must not be sold for profit as Merchandize , by the fraudulent Goldsmith to Merchants to transport , nor our Silver by them pickt and cull'd , to sell to Refiners for silver thread to make superfluous Lace . ( These digressions , though true , crave pardon . ) As the wheels of our State are many whereon it goes , so there are ( God be thanked ) sufficient to attend them , and make them go right : Let them go on and prosper , and I doubt not but that shortly we shall see a clear light shine upon this Nation , of honour , respect , and security . Now in the close of this Preface , if any man aske why I have curtail'd the lives and persons of these thus ; I answer , the Common people of this kingdome cannot attend to read Chronicles , and they are the major part whom it concerns ; and now by the providence of God , that we are reduced to a Free State , in this little Book I would have them hereafter know for whom and for what they fight , and pay . Next , if any man ask why I make such mention of their Bastards ; I answer , onely to let the world see what foundation these six and twenty Bastards have laid for honourable , Noble , and right Worshipfull Familes of a long continuance , which have been maintained by the blood and treasure of this oppressed Nation . If why I mention not Edward the 5. and Edward the 6. I say they were children , and so died , affording no matter for this present . If why I omit Queen Mary and Queen Elizabeth ; I answer , I have nothing to do with women , and I wish I never had . But I must not make the door bigger then the house , I have onely one Vote to passe , That Ireland may once be setled in obedience to this Common-wealth , and Scotland reduced to an English Province , that there may never more be heard the name of a Kirk , or Covenant ; and so I address my self to King James . King James . TO write the life and reign of this King , requires a better book-man , and a better pen-man : that which I have to observe , is onely to render him as great a Tyrant as any of the rest ; for though his fearfulness kept him from wars and blood , yet as much as was in his power he laid as many springs to enslave this Nation as ever any ; His will was the sole rule of his Government ; nor had the people any thing to act but submissive obedience . His first work was to sound the Prelates and Nobility , whose ambition and corruption he found suitable and serviceable to his intentions ; and 't was their infusion , so agreeable to his disposition , that made him carry himself so majestically to the Parliament of England , ( a power he might justly fear to offend ) but their Councels ( though they then served his and their ends ) are now come upon them like a storm , the one voted down root and branch , the other voted uselesse and dangerous . The King brings with him a generall Peace with all Christendome , not considering the particular interest of this Nation , whether it were honourable , or safe , as the affaires of England then stood , his Predecessour having taken upon her to be Head , and Protectrix of the Protestant party wheresoever : But he had his ends to himself . First he had heard how many and how often attempts had been used to take away the life of Queen Elizabeth , whom God notwithstanding preserved and protected , by the diligence of her servants : but he would rather trust to his King-craft , then to Gods providence . Then having taken away all thought of wars , his design was to luxuriate the people , that so hee might more insensibly lay that foundation of tyrany he intended . And now comes tumbling in monstrous excesse of Riot , which consumed many good Families , and more good Hospitality , formerly the glory both of our Nobility and Gentry ; with an incredible increase of Tavernes and Bawdy-houses , for which two we are to this day beholding to the Scots . And with this King , and this Peace , came the greatest Plague that ever this Kingdome felt before his time ; as if God had told us from heaven we had deserved it , by betraying our selves ; and which was but a light fore-running punishment , in respect of what in time should follow ; and yet peradventure that Plague was but a shadow of himselfe , the greater . The Kingdome could not afford more pomp and glory , then was shewn when King James came first through London ; and 't was so much the more considerable as to him , that from a nasty barren Country , ( rather a Dunghil then a Kingdome ) came to be at that instant as great a Prince as any in Christendome : And indeed it was the wonder of those States-men who had had experience of the gallantry of this Nation , that a Scot should enjoy this Crown without resistance . If the temper of these our dayes had then ( as now ) taken head , we had saved much blood : much mony , and in all likelihood been long since setled to such a free State , as we yet struggle for ; Rich , and secure . Long had he waited for the death of Queen Elizabeth ; but longer had they waited , that waited upon him : for had not their hopes as well as his expected their shares of spoils of this Kingdome , we may with out doing any wrong to that Nation , conclude him in the fate of his many Predecessors , whom they murdered . His Stock was odious to the more ancient Nobility of that Nation ; and the cloak of the Kirk would have served without scruple for such a covering , as the Grand-Signior uses to send men doom'd to death . His original Extract I find was this : Banchoo a Nobleman of Scotland , had a fair Lady to his daughter , whom Mackbeth the King desires to have the use of ; Banchoo refuses , and Mackbeth murders him , and takes the Lady by force . Fleance , the son of Banchoo , fearing the Tyrants cruelty , flies into Wales to Griffin ap Lhewellin the Prince of Wales . Lhewellin entertaines him with all hospitable civility . Fleance to requite his courtesie , gets Lhewellins daughter with child : Lhewellin murders Fleance , and Lhewellins daughter is afterward delivered of a son , named Walter ; this son proves a gallant man , and falling out with a Noble person in Wales , that call'd him Bastard , Walter slew him , and for his safeguard fled into Scotland , where in continuance of time he gained so much reputation and favour , that he became Steward of the whole Revenue of that Kingdome , of which Office , he and his posterity retained the sirname , and from whence all the Kings and Nobles in that Nation of that name had their originall ; here 's a goodly foundation . For his Person , a man might sufficiently and truly make a Volume , onely to tell of his lazinesse , and his uncleannesse ; but I cannot do it without fouling too much paper . He was a great pretender to Learning and Religion , and for the speculative part , had as much as any of our Kings upon record ; but for the practical , and best part of it ( if we may judge of the Tree by the Fruit ) we may without breach of charity conclude him not guilty : He was the greatest Blasphemer in the world ; sweare faster then speak , and curse the people by the clock : And it appeares by the whole course of his life , that he was a most malicious hater of this Nation . That insolent act of Ramsey's switching my Lord of Montgomery , at Bansted-Downs at a Horse-race , was questionlesse a laid quarrel to have destroyed much of our English Nobility ; and had it been practised upon any but that thin-soul'd Lord , who was importun'd but to draw his sword , that had been a bloody day : what reserve the Scots had was never known ; but such an affront is not to be construed without reservation . The King was naturally fearful , even as low as could be ; And what he would do , and durst not own , that he would do by his Favourites , whom ( for the fitness of his designs ) he would raise from low degree , to oblige them the more , and to desert them with more ease , and shift them often til he had them sitted to his purpose . Dunbar was too solid , Hayes too light ; Northampton too crafty , Montgomery too silly , ( here 's two English , two Scots , all deserted ) And now he hath found a young Scot , that had been one of his Pages in Scotland , and turn'd off with fifty pounds in mony and cloaths , to seek his fortune ; having spent his time , and his means in France , comes over hither , and for his fashion and language , is entertained by his country man , then Lord Hayes , ( another Scot of the like extract ) for a Page , where the King takes notice of him , calls for him , and at the first dash makes him one of the Bed-chamber , and suddenly his Favourite , and Knight Sir Robert , then Viscount Rochester , and after Earl of Somerset . This man the King had wound up to his just pitch , of whom we may justly say Trim tram , Like master , like man . When this man had long wallowed in his Masters bounty , and the treasures of this Kingdome , he fell the foullest that ever man did , upon the rocks of dishonor , adultery , and murder : Of dishonour , to a Noble Peer of this Land , and in him to the whole , Nobility ; Adultery , not only to bewhore her , but to get her divorced , and marry her ; And murder , upon the body of that unfortunate Gentleman , Sir Thomas Overbury , only for disswading him . And here it is much to our purpose , to insert how this Favorites carriage had highly offended Pr. Henry , who understanding the loose kind of life this man lived , especially relating to her , distastes him , disrespects him , and forbears his company , and flatly fals out with him . Somerset complaines to the King : shortly the Prince falls sick and dies . That he was poysoned , hath been a common fame ever since : But to snuffe the candle , and make it burn cleare , take the testimony of these famous Physitians , that dissected his body , and have left it upon record under their hands . The Dissection of the Body of Prince HENRY . FIrst , we found his Liver paler then ordinary , in certain places somwhat wan ; his Gall without any Choller in it , and distended with winde . Secondly , his Spleen was in divers places more then ordinarily black . Thirdly , his Stomack was in no part offended . Fourthly , his Midriffe was in divers places black . Fifthly , his Lungs were very black , and in divers places spotted , and full of a thin watery blood . Lastly , the Veines in the hinder part of his head , were fuller then ordinary ; but the Ventricles and hollownesse of the brain , were full of cleare water . In witnesse whereof , with our own hands we have subscribed this present Relation , Novemb. 7. 1612. MAYERN ATKINS HAMMOND PALMER . GIFFORD . BUTLER . This Prince was an active man , and full of high thoughts ; A Lover of this Nation , and lookt upon by them with much affection and expectation . What feares & jealousies Somerset might maliciously infuse into the Kings too fearful and timorous soul , we cannot tell : but that language from Somerset to the Lieutenant of the Tower , when he told him he must provide himself to go the next morning to Westminster to his Trial , said , He would not ; That the King had assured him , he should not come to any trial ; neither durst the King bring him to any trial . This language , I say , stinks abominably : And when he did come to his Trial , fearing ( being enraged ) that he might flie out into some strange discovery , there were two men placed on each side of him with cloaks on their arms , with peremptory cōmand , that if Sommerset did any way flie out against the King , they should instantly hoodwink him wth their cloaks , take him violently from the Bar , and carry him away : and this could be no mans act but the Kings . He would often boast of his King-craft ; but if his feares , and Somersets malice took this Princes life away , 't was a sweet peece of King-craft indeed , but the fruit of it hath been bitter . I cannot enough admire that language hee used , when he gave in charge to his Judges the Examination of Sir Thomas Overburi●● murder : My Lords , I charge you , as you will answer it at that great and terrible day of Judgment , that you examine it strictly , without favour , affection , or partiality : And if you shall spare any guilty of this crime ; Gods curse light upon you and your posterity ; and if I shall spare any that are found guilty , Gods curse light on me and my posterity for ever . This expression hath a most honest out-side : but if the King had a designe of feare , rather to be so rid of Somerset , then an inward desire of Justice , 't was monstrous foule ; which we shall better judge of by the sequel . Seven persons were by the Judges condemned to die for this foule murder ; four of them of the least account , and accessaries , are executed ; the three great ones , and principals , the King pardons ; and to Somerset himself , to his dying day , was most profusely liberal , and suffered to live with that fire-brand of hel his wife , under the Kings nose , all the dayes of their lives . Here 's fine jugling ! these must be saved , for fear of telling Scotch tales of the King . Would the spirits of those noble souls of these our dayes , put up such a piece of injustice in the master , and such an affront and contempt of this Nation , both from the Master and the man ( two Scots ) without vengeance ? I believe not . And this Favourite of his , when his estate was seised upon for this foul murder , was found to have two hundred thousand pounds in mony , plate and jewels , in his house ; and nineteen thousand pounds a year in Lands comming in : a fine advance from a Scots Page ; fifty pounds , and a Suit of Cloaths : ( and can any man tel for what ? ) I never heard that all Scotland was worth so much . But enough of him . This King had no Wars ; but spent more mony prodigally , profusely , and riotously then any of his Predecessors . What swarms of Scots came with him , and after him , into this kingdome ? who perpetually suckt him of most vast sums of moneys , which stand yet upon record ; which put him upon all dishonourable wayes of raising monies , to the most cruell oppression of this Nation , to serve their riot and luxury : but there are many yet living can justifie this truth : Though they lived a while at such a height ; yet they died like themselves , contemptible , miserable Beggers ; and at this day scarce one of them can shew the fruits of those vast donatives , either in themselves , or their posterity , that 's worth looking upon : And so let them all perish , whomsoever , Scots or English , whose foundation is such . Though , I see no reason but any estate may be now questioned , which is known to have been raised upon the oppression of this Nation ; nor that any title of Honour so bought should descend to posterity . A Lord is to be a Lord by merit of imployment in some noble Office , for the publique good ; not by projecting tricks , and cozening devices to fill a Tyrant's Coffers , to the enslaving of a gallant free Nation . But , &c. to return to King James . In those dayes 't is true , the Bishops , Nobility , and the Lawyers , had a great influence upon the people for their abilities , and supposed honesties ; yet amongst these , such are found , and others are made such , that whatsoever the King would have , they are fit , and willing instruments to bring it about , and make it passe for currant Divinity , and Law . Witnesse , The burning of a whole Cart-load of Parliament Presidents , that spake the Subjects Liberty ; that were burnt at the Kings first comming . Witnesse the Nullity . Witnesse the life of Sir Walter Rawleigh , that was taken away in point of State , whose least part was of more worth then the whole race of the best of the Scots Nation . Witnes , the inhancing of Customes . Witnes , Privy Seals , Monopolies , and Loans , Benevolences , Sales of Lands , Woods , Fines , New-buildings . Witnes , the lamentable losse of the Palatinate . Witnes , the Treaty of the Spanish-Match . In which two last , this Nation received more dishonour , then in any action any former age can paralel , and all under the colour of an honourable Treaty . His Daughter was undone , and his Son bob'd of a Wife , after the hazard of his Person , and vast expence of infinite treasure to this day undischarged . I could never understand what piece of King-craft it was , to let the Prince his onely Son , with Buckingham his favourite , make that Voyage into Spain , unlesse it were to be rid of them both : and had he not had to do with a noble Enemy , surely they had never returned . Hee would sometimes call a Parliament , for mony , not for busines : But if the Kingdome presented any grievances , he would quarrel by his prerogative , and dissolve it . One Letter of his to the Parliament , I cannot read but with amazement : which being but briefe , take here from his own hand . A Copy of His Majesties Letter To the Lower-House of Parliament . Mr. Speaker , WE have heard by divers reports to our great grief That the far distance of our person at this time from our High Cou●t of Parliament , caused by our want of health , hath imboldened some fiery and popular Spirits in our House of Commons , to debate and argue publiquely in matters far beyond your reach and capacity , and so tending to our high dishonour , and trenching upon our Prerogative royal : You shall therefore acquaint that House with our pleasure , That none therein shall from henceforth presume to meddle with any thing concerning our Government , or Mysteries of State ; namely , not to speak of our dearest Sonnes match with the Daughter of Spain , nor to touch the honour of that King , nor any our friends or confederates ; and also not to medle with any mans particulars , which have their due motions in our ordinary Courts of Justice : And whereas we heare they have sent a Messenger to Sr. Edwyn Sands , to know the reason of his late restraint ▪ you shall in our name resolve them , that it was not for any misdemeanour of his in Parliament : but to put them out of doubt of any question of that nature , that may arise among them hereafter , you shall resolve them in our name , That wee think our selves very free , and able to punish any mans misdemeanours in Parliament , as well during their sitting , as afterwards ; which we mean not to spare hereafter , upon any occasion of any mans insolent behaviour there , that shall be ministred unto us . And if they have already touched any of these points which we have forbidden , in any Petition of theirs , which is to be sent to us : It is our pleasure , that you shall tell them , that except they reform it before it come to our hands , we will not dain the hearing or answering of it . I leave every Reader to comment upon it , according to his own patience and passion : But , that a Scot , from so beggerly a condition , to be so peaceably and honorably received to so royal a government over so brave a Nation , should use such ungratefull , presumptuous , and proud language to the Parliament of England , is to my understanding monstrous , horrible , and not good . But 't was his humor all his reign ; with impatience over-ruling , with jealousies threatning , and at pleasure to dissolve all Parliaments , thereby to lay that foundation of tyrannical and arbitrary government , which he intended to bring upon us . His Favourite Somerset being condemn'd , and quietly laid aside , he was ready provided of another , George Villiers by name , a handsom young man , lately return'd out of France , from an allowance of Threescore pounds a year : who comes to Court , is admitted to a bearers place , presently Knighted , and made Gentleman of the Bedchamber , and the same day a Thousand pounds a yeare out of the Court of Wards given him ; and in a breath made Master of the Horse , then Knight of the Garter , then Baron of Whadon , Viscount Villiers , Earl of Somerset , and a Privy-Councellor , Marquesse of Buckingham , Lord Admiral of England , Chief Justice in Eyre of all the Parks and Forrests on the South-side of Trent , Master of the Kings-Bench Office , Head — Steward of Westminster , and Constable of Windsor-Castle , and lastly Duke ; and then he could go no higher in title ; but by his Masters pleasure and courtesie , all the affairs of the Kingdome are steered by his compasse , as is at large made known in many mens writings published . Yet when he knew his Master ( notwithstanding his slabbering expressions of affection , and extravagant Honours and riches ) to be weary of him , he found a Plaister and a Powder , that made him amends for all his favours ; And here the King-craft met with his match . How far King Charles might be privy to this busines , I determine not ; but the private familiarity between them , continued so long after , and protecting him from being questioned for this very particular in Parliament , is no small presumption . But what the King denied ( Justice ) God sent by the hand of John Felton , who stabb'd this Duke at Portsmouth , with a ten peny knife , that hee instantly gave up the ghost with these words , Gods wounds , I am slain ! To write all those actions this Duke did by these two Kings favours , in prejudice of this oppressed Nation , would make a cholerick man mad , and a flegmatick stupid : but let him go ; the King is the thing I intend , who made use of him , the flattering Prelates , the poor-spirited Nobility , and corrupt Lawyers , to frame such a Government , as all the wealth in this kingdome should be at the Kings disposing . Which course , with such instructions , he left to his Son ; and how his Son managed them , hath been so clearly published by Supreme Authority , fairely written by sowhite a hand , that I intend not here to say much of that Prince : Only this I can say ; He was a man so wilfull , obstinate , and uxorious , that he quite forsook his own interest as a King , and the honour and interest of this Nation , thorough malice , and her counsel ; and did so farre incline to the interest of France against Spaine , ( and no thankes for his labour ) that by his meanes alone Rochel and Dunkirk were both lost : But that , and his Fathers instructions , lost him , with the losse of more blood and treasure to this Nation , then all our wars had spent since the William the Norman . It hath been to me the greatest wonder of the world , how this King could be so blind , as not to prevent that storm that came upon him , till it was too late . Were all his Counsellors false ? O unhappy King ! Or would he be ruled by none but himselfe and his wife ? O more unhappy man ! ( Surely in this was the hand of God most visible . ) Mischief was in his heart against this Nation ; but it came upon himself & all his , as the world hath seen . There was about the time of his death , a Book published , which was presented to the world , as He the Author : which was so gross an imposture , that I have much marvail'd ( the fraud being so plain , and easily detected ) that no course hath been taken to find him out , and punish'd , that made it : For that it was not his , is as plainly to be discerned , as the Sun at noon . But that false perfume lasted but a while , & the scent was only pleasing to them that could not smell . So that I may say , that in our dayes we have seen two the most remarkable and most eminent passages of humane affaires , that this Nation hath afforded since the Creation : The Entrance of King James into this Kingdome , with as much pomp and glory as the World could afford : And the Exit of his Son , with as much shame and misery as could befall a King . And although God Almighty be the Judge of all men ; yet Gods judgments that are so remarkable , are for our instructions , and God is to be glorified by us for these judgments of his upon this Kings family . I cannot in the best stories I have read , find who was clearly King James his Father . Mary Queen of Scotland ( a lusty young Widow ) marries the Lord Darly son to the D. of Lenox , in the year 1565. or thereabouts : and at the same time , had for a reserve in great favor with her an Italian Fidler , and Bothwel a Scotch Lord . After marriage , the Queen proves with childe . The King her husband , that was Lord Darly , ( enraged by some informations ) comes into the roome where the Queen his wife was at supper , and very big ; drags the Italian Fidler into another roome , and murders him . The Queen was shortly delivered of a Son , which was our King James . The solemnity of the Christening ended , she and Bothwel murdred the King her husband . Then the Queen marries Bothwel , ( and all this in a moment of time ) but they are both fain to flie ; The Queen came into England , and was here beheaded ; Bothwel fled into Denmark , and there lay in prison all the dayes of his life . And now ( Reader ) observe the fortune of this prodigious Family . His supposed Father was strangled in his bed , by the consent of his mother , and flung out into a garden . His Mother is beheaded . His eldest Son Pr. Henry , by the jealousie , and consent of his Father , in the flower of his youth and strength of his age , is poysoned . His Daughter , married to the Palsgrave ; where shortly her Husband ( in ambition to becom a king ) is slain , and she with her many children are driven out of their estates , and flie for shelter into Holland , where she hath lived ever since upon the courtesie of this State . Her eldest Son , having lived long upon a particular charity of this Nation , is now at length restored to a feather of his goose . Two other of her sons , after six yeares following arms and plunder for King Charles , turn'd Pyrates at sea , and so are at present . King James himself ( after two & twenty years reign , by the act of his Favourite Buckingham , and the consent of his son Charles that succeeded him ) is poysoned . King Charles , after eight years was with the Parliament , is taken , arraigned and condemn'd , and is beheaded at his own dores ; his Wife fled home to her friends , and his Children scattered abroad in the world , to live upon the charity of others . Are all these circumstances to be slighted , or unconsidered ? And shall we take the Priests word ; King James was of blessed memory ? I challenge the proudest of them ; let them publish one cleare act of Honesty from him all the time of his reign , or any honestman that ever he loved , & I 'le yield . His hypocrisie , perjury , cowardise , blasphemy , malice , are known to all ; and base ingratitude , which comprehends more then all the rest : whereof one example of him is well worth our remembring , to Sir Henry Wo●●on , which briefly was thus : Sir Henry ( a man for person & parts highly esteemed , and honoured of all that knew him ) being in Florence , when Queen Elizabeths death drew nigh , ( which King Iames gaped for ) the Duke of Florence had intercepted some Letters , which discovered a designe to take away the life of King James : The Duke abhorring the fact , resolves to endeavour the prevention , calls for his Secretary to advise by what meanes a caution might be best given to the King ; and it was resolved to be done by Sir Henry Wotton , who ( being well instructed ) is presently dispatched into Scotland with Letters to the King , and most rare Antidotes against all manner of poysons , whereby that mischief was prevented ; and Sir Henry Wotton returns into Italy , where shortly after came the news of the death of Queen Elizabeth , and James King of Scots proclaimed King of England ; and away comes Sir Henry Wotton , to joy the King . This had been a fit Subject for to have shewn his Noble minde upon for a Favourite : but what doth the King ? takes him into two and twenty years travaile , like a pack horse , to make him an Agent in forreign parts , and leaves him in his old age in Eaton-Colledge , unable to pay his debts , as many appear by his lamentable complaint upon his death-bed ; his words are these in his Last-Will and Testament . I humbly beseech my Lords Grace of Canterbury , and the Lord Bishop of London , to intercede with our most gracious Soveraign , ( in the bowels of Iesus Christ ) that out of compassionate memory of my long services , some order may be taken for my Arrears , for satisfaction of my Debts . This president alone is so transcendently foul , as all his other actions and passions are vertues to it . Fellowes of no merit , at home , must wallow in his bounty and their own luxury , to do his foul pleasure , and to execute his tyranical actions ; whilest such a Noble Soul as this , must suffer want , and die in it . And now lay all these things together , the lives of all our former Kings , and the lamentable condition of this Nation under these two last ; and tell me if it were not high time to consider of the honour , welfare and security of this Nation , by reducing it to a Free-State . But before I take my leave of these Kings , I would willingly ( as a Preparative to the cordial agreement of our Free-State ) present some few Considerations ; and herein I shall onely shew my hand , and my heart , wishing that some abler Pen-man may more substantially publish something to this purpose , in better language , and more at large . First , How often wee have been made slaves to Forreign powers , by not agreeing among our selvs . Our Kings having other Dominions beyond seas , have consum'd our blood and treasure , to defend , maintain , or increase them at their pleasures : And their frequent matching into strangers blood , hath increased new titles , and pretences of quarrels , that have afforded matter for bitter warres , both abroad and at home . All which are now laid asleep . Next is worth our serious consideration , How God Almighty in his providence hath divided us from all the World by a wall of Water , and hath brought us into a condition this day , by Shipping , Trade , and able Sea-men and Merchants , that no Prince in Christendome can shew the like for number and abilitie : So that now we have no Complements for Matches , nor busines with Foraign Princes but for Trade . And here let me use the words of Sir Walter Raleigh , in his Discourse of Shipping : Whosoever commands the Sea , commands the Trade : Whosoever commands the Trade of the World , commands the Riches of the World , and consequently the World it self . A faire invitation to cherish Shipping , Sea-men , and Merchants . And if hereafter we fall into difference with any Forreign Prince , we fight for our selves , not for ill-grounded Titles , nor to satisfie the ambition of particular , nor to maintain the luxury of any spurious Issue . There are but two things ( which I mentioned in the Introduction ) can obstruct us ( as I hope ) IRELAND , and Envious Presbytery : The Royalist , I presume , will heare reason ; And SCOTLAND , I suppose , will shortly be reduced to an English Province , and kept so by force ; for Jocky is not to be trusted ; He is naturally so false , and hath been so high-fed since their Scotch king came to this Crowne , that his owne Country — fare will not down , till they be humbled , ( which , God be thanked , is in a faire way . ) Yet if there be any of that Nation sensible of their owne security and welfare under our wing , ( which I much feare ) that shall comply in this union , I shall pray to God to make them good Christians . And if any Forreigne Prince whatsoever , shall hereafter ( through ambition , or envy to our State , or pretence of donation from the Pope ) assist or maintain , a Faction either in Scotland or Ireland , ( as heretofore ) to hinder , prejudice , or molest our right or interest in these , or either of these places ; I see no reason why we should treat with them as friends . But I am now beside my Cushion : my end is only to prepare and perswade a hearty Agreement amongst our selves , to the secure setling of our Free-State . So farewell Scot , and farewell King ; And GOD blesse the Common-wealth of ENGLAND . FINIS . Published by Authority . Courteous Reader , These Books following are printed and sold by William Roybould , at his Shop at the Unicorn in S. Pauls Church-yard , neer the Little North-door . THe ( Holy-Arbor , containing a Body of Divinity , or the Summe and Substance of Christian Religion : First , methodically and plainly treated , of then Analysed and applied : wherein also are fully resolved the Questions of whatsoever points of moment , have been , or are now controverted in Divinity : together with a large Alphabetical Table of such matters as are therein contained , or occasionally handled either by way of Exposition , Controversie , or Reconciliation . In folio , by John Godolphin , J. C. D. 1651. CHRIST alone exalted . In seventeen Sermons , preached by Dr. Tobias Crisp . In 8o . 1650. The History of the Bohemian Persecution , from the beginning of their Conversion to Christianity , to these Times . In which the unheard of secrets of Councels , Policie , Arts , and dreadful Judgments are exhibited . In 8o . 1650. The Assertion of Grace , or a Treatise of Justification , by R. Town . The Ladies Vindication , or The praise of worthy Women . In 12o . 1651. A further Discovery of the Mysterie of the Last times : Set forth for the Good of such , as in these dissenting times know not to what Society of Christians to joyn themselves . In 4o . 1651. A Sermon preached by Dr. Homes , Octob. 8. 1650. at Christ-church , before the Lord Major and Aldermen . The Mischiefe of Mixt-Communions , by Dr. Homes . 4o The Life and Reigne of King Charles , or the Pseudo-Martyr discovered : together with some Animadversions on the strange contrariety between his publike Declarations , protestations , Imprecations , and his Pourtraicture , compared with his private Letters and other of his Expresses , not hitherto taken into common observation . In 8o . 1651. The Antiquity of Commonwealths , instanced by that of Holland , wherein is declared the rise & continuance of that Government , as also their Lawes and Customes both in their Civil & Military power . In 8o . 1652. A Sermon preached at Mary-Aldermanbury , Novemb. 5. 1651. by M. William Jenkins , being the first he preached after his Releasement . Church-Cases cleared : wherein are held forth some things to reclaim Professors is that are slack-principled , Antichurchians , Nonchurch-Seekers , Church-Levellers : with a Pacificatory preface , &c. By D. N. Homes . 
A43536	----	Erōologia Anglorum. Or, An help to English history Containing a succession of all the kings of England, and the English-Saxons, the kings and princes of Wales, the kings and lords of Man, and the Isle of Wight. As also of all the arch-bishops, bishops, dukes, marquesses, and earles, within the said dominions. In three tables. By Robert Hall, Gent. Peter Heylyn, 1600-1662. 1641 Approx. 494 KB of XML-encoded text transcribed from 189 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A43536 Wing H1713 ESTC R216457 99828188 99828188 32615 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43536) Transcribed from: (Early English Books Online ; image set 32615) Images scanned from microfilm: (Early English books, 1641-1700 ; 1948:15) Erōologia Anglorum. Or, An help to English history Containing a succession of all the kings of England, and the English-Saxons, the kings and princes of Wales, the kings and lords of Man, and the Isle of Wight. As also of all the arch-bishops, bishops, dukes, marquesses, and earles, within the said dominions. In three tables. By Robert Hall, Gent. Peter Heylyn, 1600-1662. [6], 379, [1] p. : ill., port. by T. and R. Cotes, for Henry Seile, and are to be sold at his shop in Fleet-street, over against Saint Dunstans-Church, London : 1641. Robert Hall is a pseudonym for Peter Heylyn. First word of title is in Greek characters. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Nobility -- Great Britain -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. 2002-08 TCP Assigned for keying and markup 2002-10 Aptara Keyed and coded from ProQuest page images 2002-11 Rina Kor Sampled and proofread 2002-11 Rina Kor Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion ΗΡΩΟΛΟΓΙΑ ANGLORVM . OR , An help to English History . CONTAINING A succession of all the Kings of England , and the English-Saxons , the Kings and Princes of Wales , the Kings and Lords of Man , and the Isle of Wight . As also of all the Arch Bishops , Bishops , Dukes , Marquesses , and Earles , within the said Dominions . In three Tables . By Robert Hall , Gent. LONDON , By T. and R. Cotes , for Henry Seile , and are to be sold at his shop in Fleet-streete , over against Saint Dunstans-Church . 1641. TO THE MOST EXCELLENT PRINCE , CHARLES , PRINCE OF WALES , Heire-Apparent to the Monarchy of Great Britaine , &c. Most Illustrious Sir , I Doubt not your Closet already abounds ▪ and is daily replenished , with volumes of English History , as those Mirrours , in whose Reflections your Royall Ancestors , you may best discover Theirs , and direct your owne Actions . I therefore humbly addresse this piece to your Highnesse , not as a Booke , but as an Index , which cannot offer the Pompe of● a Volume ▪ yet may yeeld the profit of a Manuall . The work is Posthumus , bereav'd both of the Author and protection ; and had it not desired to live under the Patronage of so clement a Prince , was willing to dye in the Cradle , rather then be expos'd to theadventures of a distempered Age. I referre its merits to the judgement of the Publique ( to whose use it affords it selfe , ) but humbly begges , that being an Orphan , its Fatherlesse condition may finde succour and countenance from the splendour of your goodnesse , under which it hath beene first brought ●orth into the world . Vouchsafe ● therefore ( Great Prince ) to cast a gracious Eye on this deserted●Object , and the poore Oblation of Your most humbly devoted servant and Subject HENRY SEILE . A GENERALL PREFACE , Touching the use of these three Catalogues or Tables . HAving a purpose to peruse our English Histories , and those of forraine Nations which had any intercourse or commerce with the affaires either of this Realme or Church of England : I found it no small trouble to me , to know the names of those , whose actions I encountred within the said perusall . For whereas commonly great persons are not called by the names of their Families , but of their Dignities : it was a matter of no meane difficulty to finde out , what and who they were , who were presented to us by their Dignities , as well Ecclesiasticall as Temporall . Upon this ground , to save me from that troublesome inquirie for the time to come ; I set my selfe to draw up a complete and perfect Catalogue of all the persons of chiefe ranke in this Realme of England , from Earles inclusively and upwards ; so farre as any light of story , and warrantable ascent , would direct and guide me . And having formed it in that frame and order , as hereafter followeth , found manifestly that that paines it cost me , was not ill bestowed ; because of that great ease it did me , being once composed . For then no sooner did I meete in any story , with any , either Prince or Prelate , of , or in this Nation ; but I could forthwith turne unto him : and by computing of the times , finde out exactly who he was . And yet me thought it was not perfect , till I had added to the same all those Soveraigne Princes , which have borne rule in all or any part hereof : the names and actions of the which occurre , as well in our owne Chronicles , as forraine stories . That done , I thought it not amisse , to note and adde , according as I met it in my course of reading , what Kings and Prelates of this Nation have beene ennobled in the Church with the stile of Saints : as also what great offices any of the Arch-Bishops , Bishops , Dukes , Marquesses , and Earles , had severally borne in the Civill State. By doing which , as I received great ease and benefit , as before is said ; so I was easily intreated to let all such partake thereof , who thinke it may be either profitable or usefull to them : and for that cause have suffered it to come abroad , that they that will , may take the benefit of my poore endeavours . And this I have the ra●her beene intreated to , to satisfie the mindes of those ( if any thing will satisfie them ) that either are the enemies of Regall or Episcopall power . For whereas some conc●ive that Kings were instituted by the people , on ●ight perhaps of such confusions as had beene noted and observed in a popular government : these following Catalogues will make it evident and apparent , that in this Countrey there was never any other government then that of Kings either in any part thereof , or the whole together . And whereas it is factiously given out by others , that the Episcopall authority and regiment in and of the Church , is not the proper and peculiar government of the same , but violently obtruded on it by the power of man : the Tables of Episcopall succession will make it evident , that the said forme of Government , is of as long a standing as the Church it selfe ; Religion and Episcopall jurisdiction being brought into this Land together . Lastly , if any such there be , as have beene formerly , that would crie downe Nobility , and that precedencie and power which som● men have above the rest , they may here see , that from the first setling of this Monarchie in the Norman Race , that Kings of England have advanced to place and dignity , whom they thought most fit ; and did it sans controule of inferiour people . And so they did no question in the Saxons times , and those before them : of which if we have no such cleare and evident succession , as in the rest of later ages ; it is because their digties , and honorarie titles were rather personall then hereditary . Now in these Catalogues , I shall begin , as reason is , with that of Kings , from the first entrance of the Romans to this present time : to which I shall adjoyne the Kings and Princes of Wales , as also the Kings and Lords of Man , and the Isle of Wight● : assigning unto every one his time , according to the computation of our best Historians . The Catalogue of the Bishops I shall bring along , from the first planting of Religion here , amongst the Saxons ; since which we have a cleare and undeniable succession in the holy Hierarchy : the former times , under the Empire of the Britons , having transmitted to our hands onely some fragments of antiquity , by which we may perceive that the Episcopall government was here received together with the faith it selfe ; but cannot gather from the same a constant and continued succession of the persons governing . Then for the third Catalogue that of the Nobility , we have continued that from the first entrance of the Normans to this present day ; that at one view a man may see the quality and antiquity of those noble families , which are now both an honour and an ornament to this flourishing Kingdome . I shall not neede say more in this generall Preface , having prefixed particular Prefaces to each severall Catalogue , to which I rather shall referre the Reader , then detaine him here . THE FIRST TABLE , OR , A CATALOGVE OF All the Kings which have reigned in England , since the first entrance of the ROMANS . As Also of the Kings and Princes of Wales , the Kings and Lord of Man , and the Isle of Wight , together with the Princes and Lords of Powys . . Printed at London . 1641. THE PREFACE TO THE CATALOGVE Of the KINGS of ENGLAND . THe Realme of England is th●t Southerne and more flourishing part of the Isle of Britaine : that which was civi●ized by the Romans , and made a Province of their Empire ; when as the Northe●ne parts thereof , were ●ither neglected or not conquered . When it was under the command of the Roma● Emperours , it wanted not its proper and peculiar Kings , over the chiefest and most principall of their Tribes and Nations : it being the custome of that Empire , as ▪ Tacitus hath truely noted , habere servitutis instrumenta etiam Reges . Of these inferiour tributary Kings , those which were in their severall times of more power then others , may probably be thought to have assum'd unto themselves the stile and title of Kings of the Britons : even as in after times , during the heptarchy of the Saxons , those which gave law unto the rest , did call themselves , and were accounted the Kings or Monarchs of the English. But those inferiour petite Kings , being , in tract of time worne out , and almost all the South reduced under the immediate command of the Roman Empire : either the Emperours themselves , or such of their Lieutenants as did here usurpe the regall state , were stiled Kings of Britaine , till Constantine the Great united it inseparably to the Roman Diadem : And in him ended the first line of the Kings of Britaine , according to the British story . The second line of Kings , beares da●e from the departure of the Romans : who being called from hence to looke unto their Empire in the Continent , le●t their possessions here unto the ●ury of the Scots and Picts , who dwelling in the Northerne and unconquered parts ▪ attempted to subdue the Southerne . For the repressing of whose rage the Britons chose themselves a King out of Armo●ica , ( now called Bretag●e ) being extracted from the old British bloud , which had not long before beene planted in that Region , by the Roman Emperours . Whose li4e continued here not long , till they were dispossessed both of Crowne and Countrey , by the Saxons , a German people , called in by Vortiger to oppose the Scots and other Nations of the North. Who having by degrees subdued all that which formerly had beene conquered by the Romans ( the Countrey beyond Severne excepted onely ) divided it amongst themselves into seven Kingdomes ; which finally being all brought under by the West-Saxon Kings , did at last settle , and continues in the name of England . A Kingdome , though of small extent , compared unto the greater Countries of France , Spaine ▪ and Germany , yet of so high esteeme abroad ▪ that it may challenge an equality with either of them , and in some kinde hath had preced●ncie before them . For to the honour of this Realme , as well before as since it had the name of England , we may say thus much . It was the first Kingdome which received the faith of Christ , which was here planted , as it is affirmed by Gildas upon certaine knowledge , toward the latter end of Tiberius Empire . Tempore ut scimus summo , Tiberii Cae●aris , as his owne words are : which by computing of the times , will fall to be five yeares before Saint Peter came to Rome ; and but five yeares after the death of our Redeemer . It shewed unto the world the first Christia● King , whose name was Lucius : and gave unto the Church her first Christian Emperour , even the famous Constantine here borne ; by whose example and incouragement the saith was generally received over all the Empire , and all the Temples of the Idols , either demolished or forsaken . It also was the first Christian Kingdome , out of which the Jewes , those bitter and most obstinate enemies of the Crosse of Christ , were universally expulsed ; and our of which the insolent and usurped Supremacie of the Popes of Rome , was first ejected , after they had a long time domineered in the Church of Christ. The one of these performed by King Edward the first ; the other by King Henry the eighth . Not to say any thing in this place of their warres and victories in France , Spaine , Scotland , the Netherlands , the Isle of Cyprus and the Holy land . In these regards , the Kings of England , as they are a● absolute , so they are as sacred , as of any Countrey whatsoever What ever things are proper unto Supreme Majesty , Scepters , and Crownes , ●he Purple Ro●e , the Glo●e , or golden Ball and Vnction , have beene as long theirs , as any others . The foure first are by Leland , a ●●●ous Antiquarie , ascribed unto King A●thur , who did begin his reigne Anno 506. which was as soon● as they were ordinarily in use with the Roman Emperours . And thi● doth Leland justifie , out of an ancient Seale of the said King Arthurs kept in his time , as an especiall monument in the Abbie of Westminster : As for their Vnction , or Annointing , it appeares by the old Roman Pr●vinciall , and the ancient practise , that of all the Kings of Christendome , there were none anciently annointed but the two Emperours of the East and West ; the Kings of France , England , Sicilie , and Hier●salem . By reason of which Vnction or annointing ( besides what is united or annexed to the Crowne Imp●riall of this Realme ) it was declared Term. Hilarii . 33. Edward 3. that the Kings of England were capaces jurisdictionis spiritualis , capable of Spirituall or Ecclesiasticall jurisdiction . As after in the reigne of King Henry the eighth , it was declared rather then enacted , that the Kings highnesse was the Supreme head of the Church of England , and that he had authority to reforme all errours , heresies , and abuses in the same . 26. Henry 8. cap. 1. Which title or Supreme head , though used by King Edward 6. in a●l his ●eigne , and by Queene Mary for awhile ; was changed by Queene Elizabeth into that of Supreme Governour : and it is now reckoned as a part of the stile of the Kings of England , that they are Supreme Governo●rs in all their Dominions and Countries , over all persons , in all causes , as well Ecclesiasticall as Temporall . Now as the Kings of England are absolute at home ; so are they no lesse honoured and esteemed abroad : the Emperour being accounted filius major Ecclesiae , the eldest sonne of the Church ; the King of France , filius minor , or the second sonne ; and the King of England , filius tertius & adop●ivus , the third and the adopted sonne . In generall Councels , the King of France took place at the Emperours right hand ; the King of England on his left , and the King of Scots having precedencie next before Castile . And whereas since the time of Charles the fifth , the Kings of Spaine have challenged the precedencie of all Christian Princes : yet in the time of King Henry 7. Pope Iulius gave it to the English before the Spaniard . Nay lest the Kings of England might fall short in any thing wherein their neighbour Princes glory , they also have an adjunct or peculiar title annexed unto the stile Imperiall . For where the King of France is stiled Christianissimus , most Christian ; and the King of Spaine , Catholi●us , or the Catholick King : the King of England hath the title of Defensor fidei , o● the defender of the Faith. A title not so much conferred on King Henry 8. by the Popes of Rome , as confirmed unto him . For in a Charter of King Richard 2. unto the University of Oxford , the same stile occurres : for which and other proofes hereof consult the Epistle Dedicatory before Doctor Craca●●horp against the Arch-Bishop of Spalato ; and Sir Isa●c Wake , in his Rex Platonicus . But now we goe unto the Kings . South-Britaine or ENGLAND , The Kings thereof , according to the British story , from I. Caesar unto Constantine .   1 CAssibelan .   2 Theomantius .   3 Cymbeline .   4 Guiderius . A. Ch     45 5 Arviragus , called Pr●●●sag●● by Hector B●●●ius . 73 6 Marius . 125 7 Coilus . 180 8 Lucius , the first Christned King of Brit●ine and the world ; who dying without Children , left the 〈◊〉 Emperours his heire . 207 9 Severus Emperour of Rome . 211 10 Bassianus sonne of Severus . 218 11 Carausius a noble Briton . 225 12 Alectus . 232 13 Aesclepiodorus . 262 14 Coilus . II. 289 15 Helena daughter of Coilus , and Constantius Emp. of Rome .   16 Constantine , sonne of Helena and Constantius : who added , or unite● his estate in Britaine , unto the Monarchy of Rome . South-Britaine or England , the Kings thereof , from the departure of the Romans , unto the setling of the Saxons . A. Ch.     431 1 COnstantine of Ar●orica or little Britaine . 443 2 Constantius sonne of Constantine . 446 3 Vortiger Earle of th● Gevisses , who called in the Saxons . 464 4 Vo●●imer , 〈…〉 471 5 Vortiger ( againe ) 481 6 Aurelius Ambrosiu●●●●cond sonne of 〈◊〉 . 500 7 U●er Pend●●gon 〈◊〉 son of Const. 506 8 Arth●r , son of Vter ●●●dragon . 542 9 Constantine II. next Cousin of Arthur . 546 10 Conan . 576 11 Vorhpor . 580 12 Malgo. 586 13 Careticus . 613 14 Cadwan . 635 15 Cadwallan . 678 16 Cadwalladar . After whose death ( the Saxons having totally subdued all the Countrey on this side the Severne ) ●he British Princes were no longer called Kings of Britaine , but Kings of Wales : of wh●m more hereafter . The Kingdome and Kings of Kent . THe Saxons being called in by Vortiger to resist the Scots , and other people of the North , did by degrees expulse the Britons : and having totally subdued the Countrey , erected in the same seven Kingdomes . Of these the ancientest was that of Kent , confined within that County onely : the Kings these that follow . A. Ch.     455 1 Hengist the first King of 〈◊〉 488 2 Eske or Osca . 512 3 Octa. 532 4 Immerick . 561 5 Ethelbert S. the first Christned King , the founder of S. Pauls in London . 617 6 Edbald . 641 7 Ercombert . 665 8 Egbert . 673 9 Lotharius . 686 10 Edrick . 693 11 Wightred . 726 12 Egbert . II. 749 13 Ethelbert . II. 759 14 Alricus . 794 15 Ethelbert . III. sirnamed Pren. 797 16 Cuthred . 805 17 Baldred , who in the yeare 827. lost both his life and Kingdome unto Egbert King of the WEST-SAXONS . The Kingdome and Kings of the SOUTH-SAXONS . THe Kingdome of the South-Saxons was begun by Ella , a noble Captaine of that people . It contained the two Counties of Sussex and Survey , which were thence denominated : the first so called quasi South sex , the Countrey of the South-Saxons : the second q●asi South rey , as lying on the South of the river T●amise . This Kingdome lasted but a while , and had onely these foure Kings that follow . viz. A. Ch.     488 1 Ella the first King of the So●th-Saxo●s . 514 2 Cissa .   3 Ethelwolf or Edilwach the first Christned King of the South-Saxons .   4 Berthun and Authun two brothers both joyntly reigning , and both joyntly vanquished by Crad●all King of the WEST-SAXONS . The Kingdome and Kings of the WEST-SAXONS . THe third in order of these Kingdomes , and that which did in fine prevaile over all the rest , was that of the West-Saxons . It contained in it the Counties of Cornwall , Devon , Dorset , Sommerset , Wiltes , Southampton , and Berks : the Kings these . A. Ch.     522 1 Cerdicus the first King. 17. 539 2 Kinricus . 29. 565 3 Celingus or Che●line . 10. 595 4 Cel●icus . 5. 600 5 Ceolwolf . 614 6 Kingil the first christned King. 646 7 Kenewalchin . 31. 677 8 Sigebertus . 1. 678 9 Es●win . 2. 680 10 Centwin . 7. 687 11 S. Cedwalla . 3. 690 12 Ina 35. who first gave th● Peter-pence to the Church of Rome . 725 13 Ethelard . 14. 739 14 Cuthbert . 16. 755 15 Sigebert . II. 1. 756 16 Kinulphus . 31. 787 17 Bithrick . 13. 800 18 Egbert , of whom see more in the Saxon Monarchs . The Kingdome and Kings of the EAST-SAXONS . THe Kingdome of East-Saxons is the fourth in order , of the Heptarchie ; begunne in Anno 527. some five yeares after that of the W●st-Saxons . It comprehended the Counties of Essex , Midlesex , and part of Hertfordshire ; the Kings these that follow . A. Ch.     527 1 Erchenwme . 587 2 Sledda . 596 3 S. Seber , tthe first Christned King of the East Saxons ; and first founder of S. Peters in Westminster .   4 Seward and Sigebert . 623 5 Sigebert the little .   6 Sigebert . III. 661 7 Swithelme . 664 8 Sighere . 664 9 S. Sebba .   10 Sigherd .   11 Seofride . 701 12 Offa. 709 13 Selred . 747 14 Suthred , subdued by Eg●ert King of the West-Saxons , and his Kingdome made a member of that rising Empire . The Kingdome and Kings of the EAST-ANGLES . NExt to the Kingdome of the East-Saxons , was that of the East-Angles ; containing in it the Counties of Norfolke , Suffolke , and Cambridge shire , with the Isle of Ely : and had these Kings following . A. Ch.     575 1 Uffa , the first King. 582 2 Titullus . 593 3 Redwald the first christned King. 624 4 Erpenwald . 636 5 S. Sigebert . 638 6 Egric . 642 7 Anna. 654 8 Ethelbe●t . 656 9 Edelwald . 664 10 Alduffe . 683 11 Elsewolfe . 714 12 Beorne . 714 13 S. Etheldred . 749 14 Ethelbert . II. who died Anno 793. 870 15 S. Edmund . After whose slaughter by the Danes , and that his Kingdome had beene long wasted by that people ; it was at last united to the West-Saxons , by King Edw the elder . The Kingdome and Kings of the NORTH-HUMBERS . THe Kingdome of the North humbers , or Northumberland , was the fifth in course of time , of the Saxon Hepta●chy ; it was divided into two parts or Provinces , the one of which was called Bernicia ; the other D●ira : of which the former called Bernicia , was founded by one Ida , Anno 547. the other by one Ella , his fellow and companion in armes , Anno 559. This last contained the whole Countries from the North of Humber to the Twede , viz. the Counties of Yorke , Durham , Lancaster , Westmorland , Cumberland , and Northumberland : the other all that part of Scotland , which lieth betweene the river Twede , and the Frith of Edenbourg ; which was as farre as ever the Romans had gone before them . Those Kings of either , which were more powerfull then the other , were honoured with the name of Kings of the North humbers , and are marshalled thus . A. Ch.     547 1 Ella and Ida.   2 Adda and Elappea .   3 Theodwald ,   4 Frethulfe .   5 Theodorick . 589 6 Ethelrick . 593 7 Ethel●ride . 617 8 Edwine the first christned King. 633 9 Osrick . 634 10 S. Oswald . 643 11 Oswy , who having subdued Oswin● King of Deira , was the first absolute King of all Northumberland . 671 12 Egfride . 686 13 S. Alfride . 705 14 Osred . 716 15 Kenred . 718 16 Osrick . II. 729 17 Ceolnulph . 738 18 Egbert . 758 19 Oswulph . 759 20 Edilwald . 765 21 Alured . 774 22 Ethelred . 778 23 Al●wald . 789 24 Osred . II. 794 25 Etheldred . II. After whose death this Kingdome much molested by the Danes , became a Province of the West-Sax●●s . The Kingdome and Kings of MERCIA . THe last and greatest of the seven Kingdomes of the Saxons , was that of Mercia , so called , for that being seared in the middle of the whole Countrey , it was a March or border unto all the rest which abutted on it . It comprehended the Counties of Gl●●cester , Hereford , Worcester , Warwick , Leicester , Rutland , Northampton , Lincoln , Bedford , Nottingham , B●ckingham , Oxford , Darby , Stafford , Shropshire , Cheshire , and that other part of Hertfordshire , which was not under the Kingdome of the East-Saxons . By reason of this great extent of Empire , ●hey were a long time very powerfull , and over-awed their neighbour Princes : till at the last the fatall period being come , it fell into the Armes of the West-Saxons , after it enjoyed these twenty Kings which hereafter follow . A. Ch.     582 1 Cridda the first King of Mercia 593 2 Wibba . 614 3 Cheorl . 626 4 Penda . 656 5 Peada , the first christned King. 659 6 Wulfher● . 675 7 Ethelred . 704 8 Kenred . 709 9 Chelred . 716 10 Ethelbald . 758 11 Offa. 796 12 Egfride . 797 13 Kenwolf . 819 14 Kenelm . 820 15 Ceolwolf . 811 16 Bernulf . 824 17 Ludecan . 826 18 Withlafe . 839 19 Berthulf . 85● 20 Burdred . After whose death this Kingdome having beene shrewdly shaken in a great battell fought near Burford , Comit. Oxo● . wherein King Ethelbal● was vanquished , and his whole strength broken by Cuthbert , or Cuthred , King of the West-Saxons , then his tributary : and after no lesse shrewdly shaken by the valiant Egbert , became a Province of that Empire . The Monarchs of the English-SAXONS . THe Saxons , though they were divided into the seven Kingdomes before named , were for the most part subject unto one alone ; who was entituled R●x Gentis Anglorum , or King of the English Nation : those which were stronger then the rest , giving the law unto them in their severall turnes , till in the end they all became incorporated into the Empire of the West-Saxons . Which Monarchs , who they were , and of whence entituled , is next in order shewne . A. Ch.     455 1 Hengist King of Kent . 481 2 Ella King of the South-Saxons . 495 3 Cerdick King of the West-Saxons . 534 4 Kenrick King of the West-Saxons . 561 5 Cheuline , or Celingus , King of the West-Saxons . 562 6 Ethelbert King of Kent . 616 7 Redwald King of the East-Angles . 617 8 Edwin King of Northumberland . 634 9 Oswald King of Northumberland . 643 10 Oswy King of Northumberland . 659 11 Wulfhere King of M●rci● . 675 12 Ethelred King of Mercia . 704 13 Kenred King of Mercia . 709 14 Chelred King of Mercia . 716 15 Ethelbald King of Mercia . 758 16 Offa King of Mercia . 794 17 Egfride King of Mercia . 796 18 Kenwolf King of Mercia . 800 19 Egbert the son●e of Al●mond , King of the West-Saxons , the first and absolute Monarch of the whole Heptarchy : who having vanquished all , or most of th● Sax●n Kings , and added their estates unto his owne , commanded the whole Countrey to be called by the name of ENGLAND . The Kings wh●reof , after th● Count●●y was so named , are these that follow . The Kings of ENGLAND of the Saxon Race . A. Ch.     800 1 Egbert the 18 King of the West-Saxons , the 19 Monarch of the English , and first King of England . 37. 837 2 S. Ethelwolf 20. 857 3 Edelbald . 858 4 Edelbert . 5. 863 5 Edelfride . 9. 873 6 S. Alured , who totally reduced the Saxons under one Monarchy , and founded the University of Oxford . 23. 900 7 Edward the elder . 24. 924 8 Athelstane . 16. 940 9 Edmund . 6. 946 10 Eadred who stiled himselfe King of Great Britaine . 955 11 Edwin . 4. 959 12 S. Edgar . 16. 975 13 Edward the younger . 3. 678 14 Ethelred . 1016 15 Edmund Ironside . The Danish Race . 1017 16 Canutus King of Dan●mark . 20. 1037 17 Harald Harfager . 4. 1041 18 Hardie Cnute . 4. The Saxons repossessed . 1045 19 S. Edward who founded and endowed the Church of Westminster , and was the first that cured the disease called the Kings-evill , leaving the same hereditary to his successors . 1066 20 Harald the sonne of Godwin usurped the Crowne , and shortly lost both it and his life to boote , to William Duke of N●rmandy . The NORMAN Race . 1067 21 William Duke of Normandy , sirnamed the Conquerour . 22. 1089 22 William Rufus . 13. 1102 23 Henry Beauclerk . 35. 1136 24 Stephen E. of Bloys . 19. The Saxon line restored . 1155 25 Henry II. descended by his Grandmother , from the bloud Royall of the Saxons . 34. 1189 26 Richard Coeur de Lyon. 1● . 1201 27 John. 17. 1218 28 Henry . III. 56. 1274 29 Edward . I. 34. 1308 30 Edward . II. 19. 1327 31 Edward . III. 50. 1377 32 Richard. II. The line of Lancaster . 1399 33 Henry . IV. 15. 1414 34 Henry . V. 9. 1423 35 Henry . VI. 38. The line of Yorke . 1461 36 Edward . IV. 23. 1483 37 Edward . V. 1483 38 Richard. III. 3. The families united . 1486 39 Henry . VII . 23. 1508 40 Henry . VIII . 39. 1547 41 Edward . VI. 6. 1553 42 Queene Mary . 5. 1558 43 Queene Elizabeth . 45. The union of the Kingdomes . 1602 44 JAMES King of Scots , reassumed the title of Great-Britaine . 1625 45 CHARLES by the grace of God , King of Great Britaine , France , and Ireland ; the 63. King in descent from the West-Saxon Cerdick , the 64. Monarch of the English , and 45. King of England in descent from Egbert : whom God long preserve . Kings of WALES . THe Britons being outed of their Countrey by the conquering Saxons , retired themselves beyond the Severn , and therein fortified themselves ; which Countrey thereupon came to bee called Wales , and the people Walsh , or Welch men . Not that the word Walsh , signified in the Saxon language , a Foreiner or Alien , as it is ●conceived ( for how could they be called Aliens in their native Countrey ? ) but Wales , and Wallish , for Galles and Gallish , by changing G into W , according to the custome of the Saxons . The Britons being descended of the Gaules , kept their old name still ; though somewhat altered in the letter , as before is said : and to this day the French doe call the Prince of Wales , by the name of le Prince de Galles . At first their cheifes were honoured with the title of Kings of Wales , a●d are these that follow . A. Ch.     690 1 Idwallo . 30. 720 2 Roderick . 35. 755 3 Conan . 63. 818 4 Mervyn . 25. 843 5 Roderick sirnamed the Great , who divided Wales betweene his three sonnes , allotti●g unto each his partthe Countrey being divided into North-W●les , South-Wales , and Powys-land which had their severall Lords and Princes , as hereafter followeth . The Principality and Princes of South-Wales . SOuth - Wa●es , in the division of the Countrey amongst the sonnes of Roderick Mawr , ●ell unto Cadel the second sonne . It contained all that quantity and tract of ground , which now we call the Counties of Glamorgan , Pembroke , Carmarthen , Cardigan , and part of Brecknock : which being the richer and more fruitfull part of Wales , and lying most open to invasion , both by sea and land , was soonest brought under the command of the Kings of England . The principall seat of the Princes of it , was Dyn●sar , or Dynevor Castle , not farre from Carmarthen , who thence were called by their subjects , the Kings of Dynevor ; and whilest they stood upon their owne legges , were these that follow . A. Ch.     877 1 Cadell second sonne of Roderick .   2 Howell . 907 3 Howell Dha . 948 4 Owen .   5 ●neas .   6 Theodore Mawr . 1077 7 Rhese . I. 1093 8 Gryffith . I.   9 Rhese . II.   10 Gryffith . II. in whom ended the line of the Princes of South-Wales , his Countrey being conquered by the English , and his two sonnes Meredith and Cynerick taken by King Henry the second , who caused their eyes to be put out . After which time South-Wales was reckoned as a part of the Realme of England . The Principality and Princes of North-Wales . NOrth-Wales in the division of the Kingdome of Wales , fell to the share of Amarawd , the eldest sonne of Roderick Mawr , the last King thereof ; with a superior●ty of power over both the rest , who were but homagers to this . It contained in it all that territory which now doth comprehend the Counties of Merioneth , De●bigh , Flint , Carna●von , and the Is●e of Anglesey , which being the more mountainous parts ; and consequently of more difficult accesse then the others were , as they did longest keepe their liberties , so doe they still preserve their language from the incursions of the English ▪ Abers●aw in the Isle of Anglesey was the Princes seate , who were hence sometimes called the Kings of Abersraw , and were these ensuing . A. Ch.     8077 1 Amarawd eldest sonne of Roderick . 913 2 Idwallo . 3 Merick .   4 Joanes . 1067 5 Conan . 1099 6 Gryffith 1120 7 Owen . 1178 8 David . I. 1194 9 Llewellen . I. 1240 10 David . II. 1246 11 Llewellen . II. the last of the Princes of Wales of the British bloud , of whom , and the conclusion of his race , see the following Catalogue . The Kings and Princes of it , according to the History of Wales . IN the History of Wales , writ by Humphrey Lloyd , the Kings and Princes of Wales are reckoned differently from that succession of them before laied downe . The reason of which difference may be that he reciteth there the Predominant Princes , such as gave law unto the rest , whether of North-Wales , South-Wales , or of Powys-land : even as wee see was done before , in summing up the Monarchs of the English Saxons , out of the severall Kingdoms in that Heptarchie . Now for his Catalogue of the Welch , both Kings and Princes , he recites them thus . A Ch.     688 1 Ivor . 720 2 Roderick Mo●wino● . 755 3 Conan Tindaethwy . 820 4 Mervyn Urich . 843 5 Roderick Mawr . 877 6 Amarawdh . 913 7 Edward Voel . 940 8 Howel Dha . 948 9 Jevaf , and Jago . 982 10 Howel ap Jevaf . 984 11 Cadwallan ap Jevaf . 986 12 Meredith ap Owen . 992 13 Edwal ap Meiric . 1003 14 Aedan ap Blegored . 1015 15 Lhewellen ap Sit●ylt . 1021 16 Jago ap Edwall . 1037 17 Gryffith ap Llewellen . 1061 18 Blethyn , and Rhywallon . 1073 19 Trahaern ap Caradoc . 1078 20 Gry●●ith ap Conan . 1137 21 Owen Gwineth . 1169 22 David ap Owen . 1194 23 Llewellen ap Jorweth . 1240 24 David ap Llewellen . 1246 25 Llewellen ap Gryffith , the last Prince of Wales of the British race , who lost his life and principality to King Edward the first , Anno 1282. After whose death , the King perceiving that the Welch had no affection to be ruled by strangers ; sent for his Queene then great with child , to come unto him to Carnarvon , and hearing that shee was delivered of a sonne , called the Welch Lords together , and proffered them a Prince to beare rule amongst them , of their owne nation , one who spake no word of English , and such a one whose life no man could tax . To such a Prince when they had all sworn to yeeld obedience , he named his new-borne sonne unto them , and made him their Prince , since when the eldest sonnes of England have commonly beene created Princes of Wales . The Princes of it , of the bloud Royall of England . WALES thus brought under the obedience of the Kings of England , hath since beene commonly the honourary title and possession of their eldest sonnes . Not that they challenge it , as of due belonging to them ; but take it from their Fathers as of speciall Grace , by solemne creation and investure , tenendum sibi & Haeredibus suis Regibus Augliae , to hold to them and their heires Kings of England : our Kings not being willing to deprive themselves of such a power of gratifying and obliging their eldest sonnes , as they saw occasion . Edward 2. who had been summoned by his Father unto the Parliament by the name of Prince of Wales , and Earle of Chester : summoned his eldest sonne ( King Edward 3. ) by no other name then Earle of Chester and Flint . Edward 3. first used the ceremony of creation , by letters Patents , and investiture , which hath since continued : and for the want of which , Edward 6. Queene Mary and Queen Elizabeth however in their severall turnes , they have beene called Princes and Princesses of Wales , were not truely such . Those which were so created , either by Parliamentary Writ or especiall Charter , are these that follow . A. Ch.       1 Edward of Carnarvon eldest sonne of King Edward the first . 1344 2 Edward the black Prince , eldest son of King Edward the third . 1377 3 Richard of Burdeaux , eldest sonne unto the black Prince . 1399 4 Henry of Monmouth , eldest sonne of King Henry the fourth . 1454 5 Edward of Westminster , onely son of King Henry the sixth . 1472 6 Edward of Westminster , eldest son of King Edward the fourth . 1483 7 Edward Earle of Salisbury , eldest sonne of King Richard the third . 1492 8 Arthur , the eldest sonne of King Henry the seventh . 1506 9 Henry Duke of Yorke second sonne to King Henry the seventh , after K. Henry the eighth . 1610 10 Henry , eldest sonne of King Iames the first Monarch of Great Britaine . 1616 11 CHARLES Duke of Yorke ▪ second sonne of King Iames , now the second Monarch of Great Britaine . Princes and Lords of Powys-land . POwys-land is the third part of Wales , but the least of all , containing onely the whole County of Montgomery , and part of Radnor , Brecknock , Denbigh , and Shropshire . The chiefe seate hereof was Matravall , in Montgomery shire , from whence the Princes of it would be called the Kings of Matravall . It was bestowed by Roderick Mawr , in his division of Wales , on Mervyn his youngest son ▪ and did continue in his line a long time together : but much afflicted and dismembred by the Princes of Northwales , who cast a greedy eye upon it . The first Prince of it was called Mervyn , but we have no good constat of his successors : the last that held it all entire , was Meredith ap Blethin , who divided it betweene his two sonnes , Madoc , and Gryffith , of the which Madoc died at Winchester , Anno 1160. and Gryffith was by Henry the first of England created Lord Powys , the residue of Powys-land which pertained to Madoc , depending still upon the fortune of North-Wales . The Lords of Powys . A. Ch.       1 Gryffith ap Meredith .   2 Owen Cynelioc .   3 Gwenwynnin .   4 Gryffith ap Gwenwynnin   5 Owen ap Gryffith . 6 John Charleton , one of the Bed-chamber to King Edward the second , married H●wys daughter of Owen ap Gryffith . 1353 7 John Charleton , Lord Powys . 1360 8 John Charleton , Lord Powys . 1374 9 John Charleton , Lord Powys . 1401 10 Edward Charleton , Lord Powys . 1420 11 Henry Grey , nephew of Edward Lord Powys by his daughter Iane created Earle of Tanquerville by King H. 5.   12 Richard Gray Lord Powys .   13 John Gray Lord Powys .   14 John Gray Lord Powys .   15 Edward Gray , the last Lord Powys of the race of Mervyn , sonne of Roderick King of Wales . 1629 16 William Herbert of Red-castle , sonne of Edward , second sonne of William Herbert Earle of Pembroke , created Lord Powys , 5. Car. Apr. 2. now living 1641. Kings and Lords of MAN. THe Isle of MAN is situate so equally betweene England and Ireland , that once it was a controversie unto the which it appertained ; but was in fine adjudged to England , in that some venemous wormes brought hither , did not furthwith die : which kinde of creatures the nature of the Irish soyle will by no meanes brooke . It was once subject unto the crowne and Kingdome of Northumberland , but from them taken by the Danes , Norwegians , and other people of the North , in their irruptions on these parts : who having mastered it , ordained therein a Pe●it King of their owne Nation ; who thus succeeded one another . A. Ch.   Kings of MAN. 1065 1 Godred the sonne of Syrrie . 1066 2 Fingall sonne of Godred . 1066 3 Godred the sonne of Harald . 1082 4 Lagman eldest sonne of Godred . 1089 5 Dopnald sonne of Tade . 1098 6 Magnus King of Norway . 1102 7 Olave third sonne of Godred . 1144 8 Godred sonne of Olave . 1187 9 Reginald , base sonne of Godred . 1226 10 Olave the lawfull sonne of Godred . 1237 11 Herald sonne of Olave . 1249 12 Raignald . II. brother of Harald . 1252 13 Magnus . II. brother of Raignald . 1266 14 Magnus King of Man being deceased without issue , Alexander third King of the Scots , partly by conquest , and par●ly by money paied to the Norwegians , brought this and all the rest of the Westerne Isles under his obedience . After this time , it was sometimes dependant on the Crowne of Scotland , and sometimes on England , according as their fortunes varied : till in the end , it was regained finally from the Scots , by William Montacute Earle of Salisbury ( who was descended from the ancient Kings of Man ) and by him after sold to the Lord Scrope , on whose attainder it fell unto the Crowne of England , and changed Lords as followeth . Kings and Lords of MAN , of English bloud . A. Ch.     1340 1 William Earle of Sal●sbury . K. 1395 2 William Lord Scrope . K. 1399 3 Henry Earle of Northumberland Lord. 1403 4 William Lord Stanley , Lord of Man.   5 John Lord Stanley , Lord of Man.   6 Thomas Lord Stanley , Lord of Man.   7 Thomas Lord Stanley , Lord of Man , created Earle of Darbie by K. Henry 7. 1503 8 Thomas Stanley Earle of Darby , Lord of Man. 1521 9 Edward Stanley Earle of Darby , Lord of Man : 1572 10 Henry Stanley Earle of Darby , Lord of Man. 1593 11 Ferdinando Stanley Earle of Darby , Lord of Man. 1604 12 William Stanley now Earle of Darby , and Lord of Man. 1640. Lords and Kings . THe Isle of Wight abutting on the coast of Hampshire , was taken from the English by William Fitz-Osborne , Earle of Hereford , in the time of William Duke of Normandy , and King of England : who thereupon became the first Lord therof . After whose death & the proscription of his sonne Roger , it fell unto the Crowne , and was by Henry the second bestowed upon the family of the Ryvers , Earles of Devon. On the extinction of which line , it fell againe unto the Crowne , in the time of King Edward the first ; and in the same hath since continued : giving the title onely of one King , and one Lord to two Potent subjects . Now for the Lords and King , they are these here following . A. Ch.       1 William Fitz-Osborne , Earle of Hereford . 1072 2 Roger de Breteville , Earle of Hereford .   3 Richard de Ryvers , Earle of Devon.   4 Baldwin de Ryvers , Earle of Devon. 1154 5 Richard de Ryvers , Earle of Devon . 1161 6 Baldwin de Ryvers , Earle of Devon . 7 Richard de Ryvers , Earle of Devon.   8 William de Ryvers , Earle of Devon. 1216 9 Baldwin de Ryvers , Earle of Devon. 1245 10 Baldwin de Ryvers , Earle of Devon. 1261 11 Isabell , sister to Earle Baldwin , and wife to William de Fortibu● , surrendred up her interest in this Iland , to King Edward the first . 1445 12 Henry Beauchamp , Earle of Warwick , Anno 23. of Henry 6. was crowned King of the Isle of Wight , and shortly after made Duke of Warwick . 1466 13 Richard Lord Wideville Earle Ryvers , made by King Edward 4. Lord of the Wight . THE SECOND TABLE , OR , A CATALOGVE OF All the Bishops which have governed in the Church of England , and VVales , since the conversion of the SAXONS . Together with the honourary Offices which they , or any of them have enjoyed in the civill government . Divided into two parts . Printed at London . 1641. THE PREFACE TO THE ENSUING CATALOGUE of Arch-Bishops , and Bishops . THE ●aith of Christ being here planted as ●aith Gilda● , tempore summo Tiberii Caesaris , towards the latter end of Tiberius Caesar , was as it seemes , concealed and hidden ●ill the time of Lucius : who publikely making profession of it , procured three Archiepiscopall seates to be erected at Yorke , Caer-Leon upon Vsk , and London for the North , West , and Southerne parts ; and suffragan Bishops to be allotted and assigned unto each of them . Of these and their successors wee have little Constat , onely some foot-steps in some places , whereby we may discerne the ruine of religion which had beene made here by the Saxons . But when the Saxons were converted to the Christian faith , they grew more zealous of the same , then formerly they had beene a verse from it : and gave it suddenly a generall and unanimous admittance . Which being done , that part of England which was then in their possession , was divided into the two Provinces of Cante●bury and Yorke : the ancient Britons or the Welsh continuing for a long time after under the rule and government of their owne Arch-Bishop ; but in the ●nd were a●so brought to yeeld obedience to the See of Canterbury . The Church thus brought into a settled forme and order , became forthwith of such esteeme at home , that they have long time beene accounted Peeres of the Realme , and are by writ summoned unto all Parliaments , as are the temporall Barons ; and of such reputation and fame abroad , that the Arch-Bishops of both Provinces were adjudged to be Legatinati : the Arch-Bishop of Canterbury having a superintendencie over all the Irish Bishops ; as he of Yorke , had a direct primacie over those of the Church of Scotland . And in the Councell held at Constance , what time the Fathers there assembled , were for the better dispatch of businesse , divided into severall Nations : the English Nation , Anglicana natio , was reckoned amongst the chiefest . At this time since this Church was manumitted from the Pope , it may be warrantably said to bee the most exact and perfect of the Reformation : keeping a constant & continued succession in the holy Hierarchy , and consequently also in all holy Orders ; and whatsoever else is necessary , either in doctrine , government , or ceremony , unto the constitution of an Apostolicall and Orthodax Church . As for the method which we meane to use in this following Catalogue , it is briefely this : we will begin first with the Province and See of Canterbury , and those particular Sufragan Bishops which owe obedience thereunto , which we will marshall in the order of the Alphabet , those of Wales included . For howsoever they had once the honour to have an Arch-Bishop of their owne , yet being now reputed members of the Province of Canterbury ; we will dispose of them accordingly . That done , we will proceed unto the Province and See of Yorke , and those few Bishopricks , which are now remaining of the same : which as the rest before , we will also take along , according to the order of the Alphabet . And this we take to be the easiest order for the Reader : that of the Antiquity of the Sees , being very intricate and perplext , and that of the Antiquity or consecration of the men themselves , both changeable and uncertaine . For if we went according to the way of precedencie which is now in use , established by Act of Parliament 31. H. 8. c. 10. we should dispose them in this manner : viz. First the two Arch-Bishops of Canterbury and Yorke , next the three Bishops of London , Dunelm , Winchester , and last of all the residue of the Prelates according to the Seniority of their consecrations . This is the order of precedencie which is now in use , which yet is no new order in regard of London and Winton , who anciently had place before the rest , in all assemblies of the Clergy : but this being changeable and uncertaine , as before was said , we shall make use rather of the other . Now in each See and Diocese we will keep this course : First we will shew you the antiquity and ordination of each , together with the foundation of their Cathedrall Churches ; what Counties each of them containeth , what priviledges anciently they enjoyed , and still claime to have ; how many Parishes there be in every Diocese , by what Arch-Deacons they are governed , what is the tenth of the whole Clergie in every Diocese , and how much in the Kings bookes is every Bishoprick . We shall observe also , what and how many of the Prelates have beene extract from honourable houses , whose names shall be distinguished by a little Afterisme thus * , as also how many of them have beene canonized and accounted Saints , who and how many of them have beene made Cardinals in the Church of Rome , what honourable Offices have beene borne by any of them in the civill state . In the performance of the which S. shall stand for Saint , and Card for Cardinall : L. Ch. shall signifie L. Chancellour ; L. K. Lord Keeper ; L. Tr. Lord Treasurer ; L. Pr. Lord President , Ch. J. Chiefe Justice . M. Ro. Master of the Rolls , and Ch. Ox. Chancellour of Oxford , as Ch. Ca. of Cambridge . By which it will appeare most plainely what a perpetuall Seminary this our Church hath beene , of able and of learned men , not onely for discharge of Ecclesiasticall , but even temporall businesse . Which being premised once for all , we now proceede unto our Catalogue : beginning with the Province and See of Canterbury , and following in the order before proposed . THE FIRST PART OF THE CATALOGVE OF BISHOPS , CONTAINING THE SVCCESSION of the Arch-Bishops and Bishops of the Province of CANTERBVRY , Printed at London . 1641 ▪ CANTERBURIE and the Arch-Bishops of it . THe See of Canter . was first founded with the plantation of religion the amongst English : Austin the Monk , who first did preach the Gospel to the one ▪ being the first Arch-Bishop of the other . The Chaire hereof originally fixt in the City of Canterbury ; which being once the Regall City of the Kings of Kent , wa● by King Ethelbert , on his conversion , bestowed on Austin the Arch-Bishop , and on his Successors for ever . The Cathedrall , having beene a Church before in the Brit●ns time , was by the same Arch-Bishop Austin repaired , and consecrated , and dedicated to the name of Christ , which it still retaines ; though a long time together it was called Saint Thomas , in honour of Saint Thomas Becke● who was therein slaine . The present fabricke was begun by Arch-Bishop Lanfranc , and William Corboyl ; and by degrees made perfect by their Successo●●●● . Take Canterbury as the seate of the Metropolitan ▪ and it hath under it 21. suffragan Bishops , of the which 17. are in England , and 4. in Wales . But take it as the seate of a Diocesan , and it containeth onely some part of Kent to the number of 257. Parishes ( the residue being in the Diocese of Rochester ; ) together with some few particular Parishes dispersed here and there in severall Dioceses : it being an ancient priviledge of this See , that wheresoever the Arch-Bishops had either Manors or Advowsons , the place forthwith became exempted from the Ordinary , and was reputed of the Diocese of Canterbury . The other priviledges of this See , are that the Arch-Bishop is accounted Prima●e and Metropolitan of all England , and is the first Peere of the Realme : having precedencie of all Dukes , not being of the Royall bloud , and all the great Officers of the State. He hath the title of Grace offered him in common speech ▪ and writes himselfe divina providentia , where other Bishops onely use , divina permissione . The Coronation of the King hath anciently belonged unto him : it being also formerly resolved that wheresoever the Court was , the King and Queene were speciales & domestici Parochian● Domini Archiepiscopi , the proper and domesticall Pariihioners of the Arch Bishop of Canterbury . It also did belong unto him in former times , to take unto himselfe the offerings made at the holy Altar by the King and Queene , wheresoever the Court was , if he were present at the same ; and to appoint the Lent Preachers : but these time hath altered , and the King otherwise disposed of . Abroad in generall Councels he had place at the Popes right foote : at home , this Royall priviledge , that those which held lands of him , were liable for Wardsh●p to him , and to compound with him for the same , though they hold other lands in Cheife of our Lord the King. And for the more increase of his power and honour , it was enacted 25 H. 8. c. 21. that all licenses and dispensations ( not repugnant to the law of God ) which heretofore were sued for in the Court of Rome , should be hereafter granted by the Arch-Bishop of Canterbury and his successours : As also in the 1. Eliz. c. 2. that by the advise of the Metropolitan , or Ecclesiasticall Commissioners , the Queenes Majesty may ordaine and publish such ri●es and ceremonies , as may bee most for the advancement of Gods glory , the edifying of his Church , and the due reveren●e of Christs holy Sacraments . To come at last to the Arch-Bishops , this Diocese hath only one Arch-Deacon , which is he of Canterbury ▪ the Clergies tenth comes to 651. li. 18. s. 2. d. q. and the Arch-Bishoprick it selfe is valued in the Kings books , at the sum of 2816. li. 17. s. 9. d. q. I onely adde in generall , that this See hath yeelded to the Church 16. Saints ; to the Church of Rome 9. Cardinals ; to the Civill state of England 11. Lord Chancellours , one Lord Treasurer , one Lord Chiefe Justice ; and to the University of Oxford 9. Chancellours . The particulars follow . Arch-Bishops of Canterbury . A. Ch.     596 1 S. Augustinus . 611 2 S. Laurentius . 619 3 S. Melitus . 624 4 S. Justus . 634 5 S. Honorius ▪ 655 6 S. Adeodatus , or Deus dedit . Vacavit sedes Annos 4. 668 7 S. Theodorus . 692 8 S. Brithwaldus . 731 9 Tatwinus . 736 10 Nothelmus . 742 11 Cuthbertus . 759 12 Bregwinus . 764 13 Lambertus . 793 14 Athelmardus . 807 15 Wulfredus . 832 16 Theogildus .   17 Celnothus . 871 18 Atheldredus . 889 19 Plegmundus . 915 20 Athelmus . 924 21 Wulfelmus , Lord Chancellour ▪ 934 22 S. Odo . 961 23 S. Dunstan , Lord Treasurer . 988 24 Ethelga●us . 989 25 Siricius . 993 26 Alfricus . 1006 27 S. Elphegus . 1013 28 Livingus , alias Leovingus . 1020 29 Agelnothus . 1038 30 S. Ead●inus . 1050 31 Robertus Gemiticen●is . 1052 32 Stigandus . 1070 33 S. Lanfrancus . Vacavit sedes Annos 4. 1093 34 S. Anselm . 1114 35 Rodulphus . 1122 36 William Corboyl . 1138 37 Theobaldus . 1162 38 S. Thomas Becket L. Chancel . 1171 39 Richardus Monachus . 1184 40 Baldwinus . 1191 41 Reginaldns . 1193 42 Hubert Walter , L. Chancel . and L. Ch. Justice . 1206 43 Stephen Langton , Cardinall . 1229 44 Richard Wethershed . 1234 45 S. Edmund , Chancel . of Oxford . 1244 46 Boniface of Savoy . * 1272 47 Robert Kilwarby , Card. 1278 48 John Peckham . 1294 49 Robert Winchel●ey , Chan. Oxford 1313 50 Walter Raynolds . 1327 51 Simon Mepeham . 1333 52 Jo. Stratford , L. Chancel . 1348 53 Thomas Bradwardin . 1349 54 Simon Is●ippe . 1366 55 Sim. Langham , Card. L. Chan. 1367 56 William Witles●y . 1375 57 Simon Sudbury , L. Chancel . 1381 58 William Courtney . Chan. Ox. * 1396 59 Thomas Arundel , L. Chan. * 1414 60 Henry Chicheley , Card. 1243 61 John Stafford , Card. * 1452 62 Jo. Kemp. Card. L. Chancel . 1454 63 Thomas Bourchier , Card. Lord Chan. and Chan. of Oxford . * 1486 64 John Morton , the like . 150● 65 Henry Deane . 1504 66 W. Warham , L. Ch. and Ch. Ox. 1533 67 Thomas Cranmer . 1555 68 Reginald Pole , Car. and Chan. Ox. 1559 69 Matthew Parker . 1575 70 Edmund Grindall . 1583 71 Jo. Whi●gift . 1604 72 Richard Bancroft , Chan. Oxford . 1610 73 George Abbot . 1633 74 William Laud , Chan. of the University of Oxford , now being . 1641. SAINT ASAPH AND the Bishops there . THe Bishoprick of Saint Asaph is exceeding ancient ; first founded by one Kentigern a Scot , and there Bishop of Glasco , about the yeere 560. The Cathedrall there first built by him , upon the Banks of the river Elwy : whence it is called by the Welsh , Llan-Elwy ; the Bishop in the ancient Latine Elwensis , or Elguensis ; by us Saint Asaph , from Saint Asaph an holy man , whom Kentigern returning into Scotland , left here his successor . It seems 〈◊〉 stood not long , or not long in credit ; there being a great hiatus in the succession of the Bishops : none to be found betweene this S. Asaph , and Geofrie of Monmouth , who was here Bishop in the latter end of King Stephens raigne . And which is more , Henry of Huntington in his recitall of the Welsh Bishopricks reckoneth onely three , Saint Davids , Bangor , and Landaffe : which may be probably imputed to the frequent watres in this bordering Countrey ( for it is ●eated in the County of Flint , not farre from Chester : ) which made it an unquie● seate for religious persons . This Bishoprick , being at the best , not very rich , was made much poorer in the time of Bishop Parfew , who lived in the daies of King Edward 6. For where the Bishop had before five Episcopall houses , there is none now left but Saint Asaphs onely , the ●●st together with the lands to them belonging , by him made away , and aliened from the Church for ev●r : besides , that keeping an house above his meanes , he was faine to let the residue of his lands into tedious leases , not yet expired . This ●●ocese containeth in it no one whole County , but part of Denbigh , Flint , Montgomery , Merioneth , and some townes in Shropsh : wherein are to the number of 121 Parishes , most of the which are in the immediate Patronage of the Bishop . It hath but one Arch-Deaconry ▪ called of Saint Asaph , which is united to the Bishoprick , for the better susten●ation of it . The tenth of the Clergy commeth to 186. li. 19. s. 7. d. ob q. and for the Bishoprick it selfe , it is valued in the Kings bookes , at the summe of 187. li. 11. s. 6. d. Bishops of Saint Asaph . A. Ch.     560 1 Kentigern .   2 S. Asaph .     ✚ ✚ ✚ 1151 3 Geofry of Monmouth .   4 Adam . 1186 5 Reinerus . 1220 6 Abraham . 1235 7 Howel ap Ednevet . * 1248 8 Anian . 1268 9 Anian . II. 1293 10 Llewellen de Bromfeild . 1319 11 David ap Blethin . 12 Ephraim .   13 Henricus .   14 John Trevaur . 1357 15 Llewellen ap Madoc . 1373 16 William de Stridlington . 1382 17 Lawrence Child . 1390 18 Alexander Bach. 1395 19 John Trevaur . II. 1411 20 Robertus . 1493 21 John Lowe , tr . to Rochester . 1444 22 Reginald Peacock , transl . to Chich. 1450 23 Thomas . 1484 24 Richard Redman , tr . to Exeter . 1503 25 David ap Owen . 1513 26 Edm. Birkhead . 1519 27 Henry Standish . 1535 28 William Barlow , tr . to S. Davids . 1536 29 Robert Parfew , tr . to Hereford . 1555 30 Thomas Goldwell . 1559 31 Richard Davies , tr . to S. David● . 1561 32 Thomas Davies . 1573 33 Thomas Hughes . 1595 34 William Morgan . 1604 35 Richard Parry . 1622 36 John Hanmer . 1629 37 John Owen , now Bishop of Saint Asaph . 1641. BANGOR , and the Bishops there . BAngor , another of the Bishopricks of Wales , is of ancient standing ; but by whom founded , not yet knowne . The Cathedrall there is dedicated by the name of S. Daniel , who was Bishop here about the yeare 516. which being cruelly defaced by that wretched Rebell Owen Glendowr , was afterward repaired by Henry Deane , who was once here Bishop . The ruine of this Bishoprick , came in the time of Bishop Bulkeley , who not content to alienate and let out the lands ; made a sale also of the Bels : and going to the Sea-shoare to see them shipped , in his returne was smitten with a sudden blindnesse . This Diocese containeth in it the entire County of Carnarvon , wherein Bangor standeth , and the whole Isle of Anglesey ; together with parts of Denbigh , Merioneth , and Mountgomery , and in them to the number of 107 Parishes , whereof 36. impropriated . It hath moreover in it , three Arch Deaconries , viz. of Bangor , A●glesey , and Merioneth , one of the which is added to the Bishoprick , for support thereof . The Bishoprick is valued in the Kings bookes , 131. li. 16. s. 4. d. and answereth for the Clergies tenth , 151. li. 14. s. 3. d. q. Bishops of Bangor . A. Ch.     516 1 S. Daniel .     ✚ ✚ ✚   1 Hernaeus , translated to Ely ▪ 1120 2 David . 1139 3 Mauritius .   4 Gulielmus .   5 Guido , alias Guianus . 1195 6 Albanus . 1197 7 Robertus de Salopia ▪ 1215 8 Caducan . 1236 9 Howel .   10 Richardus . 1267 11 Anianus . 1306 12 Caducan . II. 1306 13 Cryffith . 1320 14 Ludovicus . 1334 15 Matthaeus . 1358 16 Thom. de Ringsted , 1367 17 Gervasius de Castro . 1370 18 Howell . II. 1374 19 John Gilbert , tr . to S. Davids ▪ 1376 20 John Cloven●is .   21 John Swaffam . 1400 22 Richard Young , tr . to Rochester .   23 Ludovicus . II. 1408 24 Benedict Nicols , tr . to S. David ▪ 1418 25 William Barrow , tr . to Ca●lile .   26 Nicolaus . 1436 27 Thomas Cheriton . 1448 28 John Stanbery , tr . to Hereford .   29 Jacobus . 1464 30 Thomas Ednam . 1496 31 Henry Deane , tr . to Salisbury . 1500 32 Thomas Pigot . 1504 33 Joh. Penvy , tr . to Carlile . 1505 34 Thomas Skeving●on . 1534 35 John Capon . tr . to Salisbury . 1539 36 John Bird , tr . to Chester . 1541 37 Arthur Bulkeley . 1555 38 William Glynn . 1559 39 Rowland Merick . 1566 40 Nicolas Robinson . 1585 41 Hugh Bellott , tr . to Chester . 1595 42 Richard Vaughon , tr . to Chester . 1595 43 Henry Rowlands . 1616 44 Lewys Bayly . 1632 45 David Dolbin . 1633 46 Edward Gryffith . 1637 47 William Roberts , Sub-Almoner , now Bishop of Bangor . 1641. BATH AND WELLES , and the Bishops of it . THe Diocese of Bath and Welles , although it hath a double name , is one single Bishoprick . The Bishops seate originally at Welles , where it still continues , and in respect whereof this Church is called in some Writers , Fontanensis Ecclesia . The stile of Bath came in but upon the by . The Church of Welles first built by Ina , King of the West-Saxons , Anno 704. and by him dedicated to Saint Andrew : after endowed by Kenu●●e , an other King of the same people , Anno 766. and finally made a bishops See in the time of Edward the elder , Anno 905. the first that bore that title being Adelmus , before Abbat of ●lastenbury . The present Church , in place where that of Ina had stood before , was built most part of it by Bishop Robert , the eighteenth Bishop of this See ; but finished and perfected by Bishop Ioceline , sirnamed de Welles . Iohannes de villula , the sixteenth Bishop having bought the towne of Bath of King Henry the first for 500. markes , transferred his ●eate unto that City , 1088. Hence grew a jarre betweene the Monks of Bath and Canons of Welles , about the election of the Bishop . At last the difference was thus composed by that Bishop Robert , whom before I spake of , that from thence forward the Bishop should be denominated from both places , and that precedencie in the stile should be given to Bath ; that in the vacancie of the See , a certaine number of Delegates from both Churches should elect their Prelate , who being elected , should bee installed in them both ; both of them to be reckoned as the Bishops Chapter , and all his Grants and Patents confirmed in both . And so it stood untill the reigne of King H. 8. what time the Monastery of Bath having beene dissolved , there passed an Act of Parliament for the Deane and ●hapter of Welles , to make one sole Chapter for the Bishop : Anno 35. H. 8. c. 15. But to proceed , this Diocese hath yeelded to the Church of Rome , one Card. and to the civill state of England , sixe Lord Chancellours , five Lord Treasurers , one Lord Privie S●ale , one Lord President of Wales , one principall secretary of Estate . The Diocese containeth in it the whole County of Somerset , and in that 388. Parishes , whereof 160. are impropriate . It hath moreover three Arch-Deaconries of Bath , Welles , and Taunton ; is valued in the Kings bookes , at 533. li. 1. s. 3. d. and answereth for the Clergies tenth , 353. li. 18. s. ob . q. Bishops of Welles . A. Ch.     905 1 Adelmus , translated to Cant.   2 Wulfelmus , translated to Cant.   3 Elphegus .   4 Wulfelmus . II. 955 5 Brithelmus . 973 6 Kinewardus . 985 7 Sigarus . 995 8 Alwinus .   9 Burwoldus . 1002 10 Leoningus , translated to Cant.   11 Ethelwinus .   12 Brithwinus .   13 Merewith . 1031 14 Dudoco , alias Bodeca . 1059 15 Giso . Bishops of Bath and Welles . 1088 16 Johannes de Villula . 1123 17 Godefridus , L. Chancel . 1136 18 Robertus Lewensis . 1174 19 Reginald Fitz-Joceline translated to Cant. 1192 20 Savaricus , who removed the See to Glastonbury . 1205 21 Joceline de Welles . 1224 22 Rogerus . 1247 23 Gul. Button , L. Chan. and Treas ▪ 1264 24 Walt. Giffard , transl . to York● . 1267 25 Gul. Button . II. 1274 26 Rob. Burnell , L. Chan. and L. T● . 1292 27 Gul. de Marchia , L. Treas . 1302 28 Walt. Haselshaw . 1310 29 Joh. ●roken●●ord , L. Treas . 1329 30 Radulphus de Salopia . 1336 31 Joh. Barne● , transl . to Ely. 1366 32 Joh. Harewell . 1386 33 Walt. Ski●law , transl . to Durham . 1388 34 Radulph Erghum . 1401 35 Henry Bowet , transl . to Yorke . 1408 36 Nic. Bubwith . 1425 37 Joh. Stafford , L. Chan. and Treas . transl . to Cant. * 1443 38 Thomas Beckington . 1465 39 Robert de Stillington , L. Pr. Seale , and afterward L. Chan. 1491 40 Rich. Fox , transl . to Durham . 1495 41 Oliver King principall Secretary . 1505 42 Adrian de Castello , Card. 1518 43 Tho. Wolsey , changed this See for Durham , L. Chan. 1523 44 John Clarke , Master of the Rolls . 1541 45 William Knight . 1549 46 William Barlowe . 1554 47 Gilbert Bourne , Lord President of Wales . 1559 48 Gilbert Barkely . 1584 49 Thomas Godwin . 1592 50 John Still . 1608 51 James Montagu . 1616 52 Arthur Lake . 1626 53 William Laud , trans . to London . 1628 54 Leonard Mawe . 1630 55 Walter Curle , trans . to Winton . 1632 56 William Piers , now Bishop there . 1641. BRISTOL , and the Bishops thereof . THe Bishoprick of Bristol is of new erection , first ●ounded by King Henry 8. who having had the spoile of the Monasteries , and religious houses , was pleased to refund some of it backe againe upon the Church , for the incouragement of learning , and increase of piety . For this end he procured an Act of Parliament , for the erecting of new Bishopricks by his letters Patents , 31. H. 8. c. 9. and did accordingly erect sixe new Bishops Sees , viz. at Bristol , Oxford , Westminster , Gloucester , Peterburgh , and Chester . According to the tenor of which Act , he did immediately erect sixe new Bishopricks on the foundations of such ancient Mo●asteri●s , as 〈◊〉 ●hought fittest for that purpose , and most convenient of honour , in regard of their situation : Wherein he failed not any where so much as in this of Bristol , the Diocese thereof being very much distant from the See ; a●que alio sub sole 〈◊〉 Now for this Bishoprick , the seate thereof is Bristol , as before I said , one of the fairest Cities in the Realme of England ▪ and a just County in it selfe . The Cathedrall Church is dedicated by the name of Saint Austins , founded by Robert Fitz-Harding sonne to a King of Danemarke , once a Citizen here ; and by him stored with Canons Regular . Anno 1148. But this foundation being dissolved , King H. 8. made it a Bishops See , and placed therein a Deane , and sixe Prebendaries , as it still continueth . For 32. yeeres together in Qu ▪ Eliz. time it had never a Bishop , but all that while was held in Commendam by the Bishops of Gloucester : the Patrimony of the Church being in the interim much wasted . The Diocese hereof containeth , besides the City of Bristol , the whole County of Dorset ( belonging heretofore to the See of Salisbury : ) and therein 236. Parishes , of which 64. impropriated . It hath onely one Arch-Deacon , which is he of Dorset ; is valued in the Kinges bookes , 383. li. 8. s. 4. d. and answereth for the tenth of the' Clergy , 353. li. 18. s. ob . q. Bishops of Bristol . A. Ch.     1542 1 Paul Bush. 1554 2 John Hoiiman , died 1558.     ✚ ✚ ✚ ✚ 1589 3 Richard Fletcher , translated to London . 1593.     ✚ ✚ ✚ ✚ 1603 4 John Thornbourgh , translated to Worcester ▪ 1617 5 Nicolas Fel●on , translated to Ely. 1619 6 Jo. Serchfeild . 1622 7 Robert Wright , translated to Lichfeild . 1632 8 George Cooke , translated to Hereford ▪ 1636 9 Robert Skinner , now Bishop there . 1641. CHICHESTER , and the Bishops thereof . THe See of Chichester , was anciently in the Isle of Selsey , not farre from thence : first planted there by Wilfrid Arch-Bishop of Yorke , who being banished his Countrey by Egfride King of the Nort●umbers , did preach the Gospel to the South-Saxons . To him did Edilwach , the South-Saxon King assigne this Iland for his seate ; and after Cedwall King of the West-Saxons , having wonne this Kingdome , built in the same a Monastery , which he made the Bishops See. Here it continued till the time of Bishop S●ig●●d , who first ▪ removed the See to Chichester , the principall City of these parts ; first built by Cissa the second King of the South-Saxons , and by him called Cissan-Ceaster . The Cathedrall Church was anciently dedicated to Saint Peter ; new built by Radulph the third Bishop here , after the See removed by Stigand : which being almost all consumed by a raging fire , was afterwards rebuilt and beautified by Siffridus the second . But to proceede , this See hath yeelded to the Church two Saints , to the Realme three Lord Chancellours , to the Court two Almoners , one Chancellour to the University of Oxford : and anciently the Bishops here were Confessours to the Queenes of England , ( for which they have to shew an ancient Charter ) and had allowance for the same . This Diocese containeth the County of Sussex , and in the same 250. Parishes ; whereof 112 , impropriated . It hath moreover two Arch-Deacons , viz. of Chichester , and Lewys ; is valued in the Kings bookes , at 677. li. 1. s. 3. d and answereth for a tenth of the whole Clergy . 287. li. 2. s. ob . q. Bishops of Selsey . A. Ch.       1 Wilfride . 711 2 Eadbertus .   3 Eolla ▪ 733 4 Sigelmus . alla● Sigfridus .   5 Alubrith .   6 Osa , vel Bosa .   7 Gi●elherus .   8 To●a .   9 Wigthun .   10 Ethelulfus .   11 Beornegus .   12 Coenrede . 131 13 Gutheard ▪ 960 14 Alfredus ▪ 970 15 Eadhelmus . 980 16 Ethelgarus . 988 17 Ordbright .   18 Elmar . 1019 19 Ethelricus . 1038 20 Grinke●ellur . 1047 21 Heca . 1057 22 Agelricus , after whose death the Bishops See and Chaire was removed to Chichester ; and from henceforth they were entituled by the name of Bishops of Chichester . A. Ch.     1070 23 Stigandus .   24 Gulie●mus .   25 Radulphus . 1125 26 Seffridus .   27 Hilarius . 1174 28 John de Greenford . 1187 29 S●ffridus . II. 1199 30 Simon de Welles ▪ 1209 31 Nicolas de Aquila . 1215 32 Richard Poore , tr . to Salisbury . 1217 33 Radulph de Warham . 1223 34 Radulph de Nevill , L. Chan. * 1245 35 S. Richard sirnamed de la Wich . 1253 36 John Clipping . 1261 37 S●ephen de Berkstede . 1288 38 S. Gilbert de Scon. Leofardo .   39 John de Langton , L. Chan.   40 Robert Stratford , L. Chan. 1362 41 Gul. de Lenn . 1369 42 Gul. Reade . 1385 43 Thomas Rushooke .   44 Richard Mitford , translated to Sarum . 1395 45 Robert Waldby . 1396 46 Robert Reade . 1417 47 Stephen Patrington . 1418 48 Henry Ware. 1422 49 John Kempe , transl . to London . 1423 50 Thomas Poldon , translated to Worcester . 1428 51 John Rickingale . 1430 52 Simon Sidenham .   53 Richard Praty , Chancellour of Oxford . 1445 54 Adam Molius , Clerke of the Counsell . 1450 55 Reginald Peacock . 1458 56 John Arundell . 1477 57 Edward Story . 1504 58 Richard Fitz-James , translated to London . 1508 59 Robert Sherborn . 1536 60 Richard Sampson , translated to Lichfeild . 1543 61 George Day . 1551 62 John Scory , after of Hereford . 1557 63 John Christopherson . 1559 64 William Barlowe . 1570 65 Richard Cur●eys . 1585 66 Thomas Bickley . 1596 67 Anth. Watson , Bishop Almoner . 1605 68 Lancelor Andrewes , tr . to Ely. 1609 69 Sam. Harsenet , tr . to Norwich . 1619 70 George Charleton . 1628 71 Richard Montagu , tr . to Norwich . 1638 72 Brian Duppa , now Bishop and Tutor to the Prince his Highnesse . COVENTRY AND LICHFEILD , and the Bishops thereof . THhe Bishoprick of Coventry ▪ and Lichfeild is like that of Bath and Welles ; a double name , a single Diocese . The Bishops See originally at Lichfeild , from thence removed to Chester , and from both ●o Covent●y . Hence is it that the Bishops are called sometimes Cestre●ses , sometimes Lichfeildenses , sometimes Coventrienses , and now of late , Bishops of Coventry and Lichfeild . For in the yeere 1088. being that very yeere wherein the See of Welles was removed to Bath ; Robert de Limesey did remove this See ●o Coventry ▪ Hugo Novant , the sixth from him brought it backe to Lichfeild , not without great opposition of the Monkes of Coventry : and in the end , the difference finally was composed by Bishop Savensby , much after the same manner , as before at Welles . For here it was agreed on that the Bishop should be denominated from both places , and that precedencie in the stile Episcopall , should be given to Coventry : that they should choose their Bishop ●lternatim , in their severall turnes ; that they should both make one Chapter unto the Bishop , in which the Prior of Coventry should be the principall man. And so it stood till that the Priory of Coventry being dissolved by King Henry 8. ( the stile or title of the Bishop continuing as before it did ) there passed an Act of Parliament 33. H. 8. c. 29 to make the Deane and Chapter of Lichfeild the sole Chapter for the Bishop . The Cathedrall Church here first built by Oswy King of the Mercians , about the yeere 556. who gave unto the Bishops many faire possessions . But that old Church being taken downe by Roger de Clinton , the 36. Bishop of this Diocese , that which now standeth was built by him in place thereof , Anno 1148. and dedicated to the Virgin Mary and Saint Chad. In following times , and almost in the infancie thereof , the revenues of it were so faire , that Lichfeild was thought fit to be the See of an Arch-Bishop . And one it had , no more , his name Adulfus , Anno 783. the Bishops of Winton , Hereford , Sidnacester , Dorchester , ( which two now make Lincoln ) and those of Elmham and of Dunwich ( both which now make Norwich ) being appointed to him for his Suffragans . But with him and King Offa who procured it , this great title died . And now it is content to be a Bishoprick , the Diocese whereof containeth the whole Counties of Darby , and Stafford , together with a good part of Warwickshire and Shropshire . In these are comprehended 557. Parishes , of which 250. are impropriate : for better government whereof , it hath foure Arch-Deaconries , viz. of Stafford , Darby , Coventry , and Shrewsbury . It is valued in the Kings bookes , 559. li. 18. s. 2. d. ob . q. and for the Clergies tenth , it commeth unto 590. li. 16. s. 11. d. q. and finally hath yeelded to the Church three S. to the Realme one Chancellour , and three Lord Treasurers ; to Wales three Presidents , one Chancellour to the University of Cambridge , and to the Court one Master of the Wardrobe . Arch-Bishops and Bishops of Lichfeild . A. Ch.     656 1 Dwina .   2 Cellach .   3 Trumher .   4 Jarumanus . 669 5 Saint Chad , or Cedda , tr . to York . 672 6 Winfridus . 672 7 S. Sexulfus . 692 8 Headda , alias Eatheadus . 721 9 Aldwinus . 733 10 Witta .   11 Hemel . 764 12 Cuthfridus .   13 Berthunnus . 785 14 Higbertus . 793 15 Aldulphus the Arch-Bishop●   16 Humbertus .   17 Merewinus .   18 Higbertus . II.   19 Ethelwaldus . 857 20 Humbertus . II. 864 21 Kinebertus . 872 22 S. Cymbertus●   23 Tunbright .   24 Ella . 928 25 Alfgar . 26 Kinsey .   27 Winsey .   28 Elphegus .   29 Godwinus .   30 Leofgarus .   31 Brithmarus . 1039 32 Wolfius L. Chancell . 1054 33 Leofwine . 1067 34 Petrus , who removed the See to Chester . Bishops of Coventry and Lichfeild . 1088 35 Robert de Limesey , removed the See to Coventry . 1117 36 Robert Peccham . 1119 37 Roger de Clinton . * 1149 38 Walter Durdent . 1161 39 Richard Peche . 1182 40 Gerardus la pucelle . 1186 41 Hugo Novant . 1191 42 Galfridus de Muschamp . 1210 43 Walter Grey , translated to Worcester . 1215 44 William de Cornhull . 1220 45 Alexander de Savensby . 1240 46 Hugh de Pateshul , Lord Treasurer 1245 47 Roger de We●●ham . 1257 48 Roger de Longespee . 1295 49 Walter de Langton , Lord Treasurer 1322 50 Roger de 〈…〉 , Master of the Wardrope , and Lord Treasurer . 1360 51 Robert Stretton . 1385 52 Walter Skirlaw , transl . to Welles . 1396 53 Richard Scrope , tr . to Yorke . * 1399 54 John Burghill . 1415 55 John Ketterich . 1419 56 Jacobus Carie. 1420 57 Gul. Heyworth . 1447 58 Gul. Boothe . 1452 59 Nicolas Close , Chancellour of Cambridge . 1453 60 Reginald Butler . 1459 61 John Hales . 1492 62 Gul. Smith , tr . to Lincoln . 1496 63 John Arundel , tr . to Exeter . 1503 64 Geofry Blythe , L. Pre● . of Wales . 1524 65 Roland Lee , L. Pres. of Wales . 1543 66 Richard Sampson , L. President of Wales . 1555 67 Radulph Bayne . 1559 68 Thomas Bentham . 1578 69 Gul. Overton . 1609 70 George Abbot , tr . to London . 1610 71 Richard Neile , tr . to Lincoln . 1614 72 John Overall , tr . to Norwich . 1618 73 Thomas Morton , tr . to Durham . 1632 74 Robert Wright , now Bishop of Coventry and Lichfeild . 1641. SAINT DAVIDS , & the Arch-Bishops and Bishops of it . SAint Davids now the seate of a Suffragan Bishop , was once a Metropolitans S●e in the Brit●sh Church , and long time the supreme Ordinary of the Wel●h . In the first planting of the Gospel in King Lucius time , wee shewed that there were three Arch-Bishops seates appointed , viz. at London , York , and of Caer-Leon upon Vsk. That of Caer-Leon upon Vsk was , in the time of Arthur , King of the Britons , translat●d further off from the Saxons furie , to a place called Men●w , ( Menevia is the Latine name ) but since , in memory of David the Arch-Bishop who so translated it , by us called Saint Davids . From the first name it is , these Bishops use to stile themselves , Menevenses . When Austin the Monk first entred England , the Metropolitan of Saint Davids had th●n remaining under his jurisdiction seven Suffragan Bishops ; all which gave meeting to the said Austin and his Associates , for the composing of some differences which were between the old and the new-come Christians : viz. the Bishop of Worces●er ( Wicctor●m ) Llandaff , Bang●r , Hereford , Llan-Elwy , or Saint As●p● Llan-Badern , ( called in Latin Paternensis a place in Card●gan shire , the last is called in Latin Morganensis , which possibly might have his seate in Margan of Glamorgan shire , a place still so called . Of these , Llan Badern , and this Morganensis are quite extinct , and have long so beene ; Hereford and Worcester a long time reckoned as English Bishopricks , and so none left unto the Metropolitan of S. Davids , but Llandaff , Bangor , & S. Asaphs Now for these Bishops of Saint Davids , we finde that 26. of them retained the title of Arch-Bishops : The last whereof was Sampson , who in a time of pestilence transferd the Archiepiscopall Pall , & with the same the Archiepiscopall dignity to Dole in Bretagne , yet his successours , though they lost the name , reserved the power of an Arch-Bishop : nor did the residue of the Welch Bishops receive their consecration from any other hand then his ; till in the time of H. 1. Bernard the 46. Bishop of this See was forced to submit himselfe to the Church of Canterbury . For the Cathedrall here , it had beene oft spoyled and ruined by the Danes , Norwegians , and other Pirats : as standing neare the Sea , in the extreme corner of Pembroke shire . That which we now see is the worke of Bishop Peter , ( he was the 48. Bishop of this Diocese ) and by him dedicated by the name of Saint Andrew , and Saint David ; though now Saint Andrew be left out , and David onely beares the name . This See hath had the greatest number of Bishops of any in England , 91. in all : and amongst them the Church hath had one Saint , the Realme of England three Lo●d Treasurers , one Lord Privie Seale ; the Un●versity of Oxford one Chancellour , and the Queene another . The Dioce●e containeth the whole Counties of Pembroke , Cardigan , Carmarthen , Radnor , Brecknocke , and some small parts of Monmouth Hereford , Mountgomery , and Glamorganshires . In which great quantity of ground there are no more then 308. Parishes , whereof 120. are impropriate . For the more easie government of which here are foure Arch-Deacons , viz. of Cardigan , Carmarthen , Brecknock , and Saint Davids . Finally , it is valued in the Kings bookes , at 457. li. 1. s. 10. d. ob . q. the Clergies tenth amounting unto 336. li. 14. s. 10. d. Arch-Bishops of S. Davids . A. Ch.     519 1 S. Davids .   2 Eliud .   3 Theliaus .   4 Ke●ea .   5 Morvael .   6 Harnurier .   7 Elvaeth .   8 Gurnell .   9 Llendiwith .   10 Gornwi●t .   11 Gorgan .   12 Eynean .   13 Cledanc .   14 Eludgeth .   15 Eldunen .   16 Elvaoth .   17 Maels●with .   18 Madeve .   19 Catulus .   20 Silvay .   21 Nanus .   22 Sathveny .   23 Doythwell .   24 Asser. 906 25 Athvael .   26 Sampson , the last Arch-Bishop of the Welch . Bishops of S. Davids , with Archiepiscopall power .   27 Ruclinns .   28 Lyworch .   29 Nergu .   30 Sulhyder . 942 31 Eneuris . 944 32 Morgeneu .   33 Rhoderick . 961 34 Nathan .   35 Jevan .   36 Argustell .   37 Morgenveth . 998 38 Ervyn ▪ 1038 39 Caermeryn ▪ 1055 40 Joseph .   41 Blethud ▪ 1070 42 Su'gheym . 1076 43 Abraham . 1088 44 Rithmark .   45 Wilfridus , alias Griffry . 1115 46 Bernardus , Chancellour to Qu. Adeliza , who first submitted himselfe and Church to the See of Cant. Bishops of S. Davids Suffragans to the See of Cant. 1148 47 David Fitz-Gerald . 1176 48 Petrus .   49 Galfridus . 1198 50 Silvester Giraldus . 1215 51 Jorwerth . Vacat sedes per An. 9. 1228 52 Alselmus . 1247 53 Thomas Wallensis . 1255 54 Thomas Carren . 1280 55 Tho. Beck . L. Treas . 1293 56 David de S. Edmundo . 1320 57 David Martyn . 1328 58 Henry Gower . 1347 59 John Thursby , tr . to Worc. 1349 60 Reginald Brian . tr . to Werc . 1353 61 Thomas Fastolf . 1361 62 Adam Hough●on , Chanc. of Ox. 1369 63 John Gilbert , L. Treas . Vacat sedes An. 4. 1401 64 Guido de Mona , L. Treas . 1409 65 Henry Chicheley , tr . to Cant. 1414 66 John Ketterich , tr . to Lichf . 1415 67 Stephen Patrington , tr . to Chich. 1417 68 Benedict Nicols . 1424 69 Thomas Rodburne . 1435 70 Gul. Lindwood , L. Pr. Seale . 1446 71 John. Lang●on , Chanc. of Cambr. 1447 72 John Delabere .   73 Robert Tully . 1482 74 Richard Martin . 1483 75 Thomas Langton tr . to Sarum . 1485 76 Hugh Pavy . 1503 77 John Morgan , alias Young. 1504 78 Roger Sherborne , tr . to Chich. 1509 79 Edward Vaughan . 1523 80 Richard Rawlins . 1536 81 William Barlow , tr . to Welles . 1549 82 Robert Farrar . 1554 83 Henry Morgan . 1559 84 Thomas Young , tr . to Yorke . 1561 85 Richard Davies . 1567 86 Marmaduke . Midleton . Vacat sedes Annos . 4. 1594 87 Anthony Rudd . 1615 88 Richard Milborne , tr . to Carlile . 16●1 89 William Laud , tr . to Welles . 1627 90 Theoph. Feild . tr . to Hereford . 1635 91 Roger Mainwaring , now Bishop of S. Davids . 1641. ELY , and the Bishops of it . THe Church of Ely , anciently was a Monastery : first built by Ethelreda wife to Egfride , King of the Northumbers , and by her planted with religious Virgins , whereof she made her selfe the Abbesse . But her plantation being supplanted by the Danes , and the Church quite ruined , Ethelwold Bishop of Winchester did againe rebuild it , and furnished it with Monkes good store : to whom King Edg●r , and the succeeding Kings gave such ample priviledges , and faire possessions , that it did seeme to equall any Church in England . Richard the eleventh Abbat having a minde to quit himselfe of the Bishop of Lincoln , within whose Diocese it stood ; dealt with King Henry the first , both with purse and Tater noster , to turne the Abby into a Cath●drall . And though the King assented to it , and that the businesse was transacted with the Bishop of Lincoln , ( who had three Manors of this Abby , viz. Spaldwick , Biggleswad , and Bockden , in exchange for his jurisdiction ▪ ) yet Richard lived not to possesse it , leaving the benefit of his industry and ambition to be enjoyed by another man , which was one Hervey , Bishop of Bang●r . As for the Church now standing , it is the worke of severall Bishops : the west parts being with great charge repaired by Bishop Rid●ll or new built rather ; as were the Quire and Lanterne by Bishop Norwold , which afterwards were fully finished by Bishop Fordham . The whole Church dedicated to S. Ethelred . Ely thus made a Bishoprick , however fortified with great priviledges , ( for in the Isle of Ely the Bishops had all rights of a County Palatine ) and that it was endowed with so great possessions , as hardly any better in the Realme of England , hath yet beene subject to those changes which time hath wrought . For many of the Palatine rights were taken off , or much restrained by the Act of Parliament , touching restoring to the crowne the antient 〈◊〉 , 27. H. 8. c. 25. in the which Act it was enacted , that ( instead thereof ) the Bishop of Ely , and his temporall Steward for the Isle of Ely , should from thence forth be Iustices of the peace in the said Iland . However Ely may be still reputed amongst the first Bishopricks of the second ranke ▪ and may rejoyce it selfe in this ▪ that it yeelded to this Realme its many great officers as any other in the Kingdome . For it hath given the 〈◊〉 no lesse then 〈◊〉 Lord Chancellours , seven Lord Treasurers , one Lord Privie Seale , one Chancellour o● the University of Oxford , one of the Exchequer , two Masters of the Rolls subesides two Saints unto the Church , two Cardinals to the Church of Rome , and to the English Court three Almoners . The Dioce●e hereof containeth onely Cambridgeshire , and the Isle of Ely ▪ in which there are 141. Parishes ▪ whereof 75 impropriate . It hath but one Arch-Deacon , which is he of Ely ▪ is valued in the Kings bookes , 2134. li. 18. s. 5. d. ob . q. the Clergies tenth amounting to the summe of 384. li. 14. s. 9. d. q. Bishops of Ely. A. Ch.     1109 1 Hervey , Bishop of Bangor . 1133 2 Nigellus , Lord Treasurer . 1174 3 Galfridus Rydall . 1189 4 Gul. Longchamp , L. Chan. 1198 5 Eustachius , L. Chan. 1219 6 S. John de Fontibus , L. Treas . 1225 7 Galfredus de Burgo . 1229 8 Hugh Norwold . 1255 9 Gul. de Kilkenny , L. Chan. 1257 10 S. Hugh Balsam . 1286 11 Joh. de Kirby , L. Treas . 1290 12 Gul. de Luda . 1299 13 Radul●e Walpoole . 1302 14 Rob. Orford . 1310 15 Joh. de Keeton . 1316 16 Joh. Hotham . Ch. of the Exch. L. Chan. and ● . Treas . 1336 17 Simon Montacute . * 1344 18 Tho. Lyde . 1361 19 Sim. Langham , L. Chan. and tr . to Cant. 1366 20 Joh. Barnet , L. Tr. 1375 21 Tho. Arundel , L. Chan. transl . to Yorke . * 1388 22 Joh. Fordham . 1425 23 Phil. Morgan , L. Pr. Seale . 1435 24 Lewis of Luxembourg , Card. * 1443 25 Tho. Bourchier , Card. translated to Cant. * 1454 26 Wil. Grey , L. Treas . * 1478 27 Joh. Morton , Master of the Rolls . L. Chan. 1486 28 Joh. Alcock , Master of the Rolls . 1501 29 Rich Redman . 1506 30 James Stanley . * 1515 31 Nicolas West . 1534 32 Tho. Goodrich , L. Chan. 1554 33 Tho. Thirlby . 1559 34 Rich. Cox , Alm. Chan. Oxford . Vacat sedes , Annos 20. 1599 35 Martin Heton . 1609 36 Lancel . Andrewes , Alm. transl . to Wint. 1618 37 Nicolas Felton . 1627 38 Joh. Buckeridge . 1631 39 Francis White , Bishop Almonor . 1638 40 Mat●hew Wrenn , Deane of the Chappell , now Bishop of Ely 1641. EXETER , and the Bishops there . THe Diocese of Exeter containeth that in it , which was once two Bishopricks . For at the first planting of the Church in these westerne parts , it was thought convenient to erect two Bishops Sees , the one for Cornwall at S. Germans ; the other for Devonsh ▪ at Cridington , now Kirton , a small Village . But that of Cornwall , being annexed to Cridington , about the yeere 1032. both were , not long after , removed to Exeter , the most noted City of these parts , where it still continueth . Now for the Church of Exeter it was once a Monastery , founded by King Athelstane , and by him dedicated unto Saint Peter . Edward the Confessour , removing all the Monkes from hence to Westminster , which he had newly founded and endowed , made it the Bishops See for Devonsh and Cornewall , then united . The Church as now it standeth doth owe it selfe to severall Patrons ; the Quire to Bishop Warlwast , the body of the Church to Bishop Quivil , the side Isles to Grandison : that which is now our Ladies Chappell , being a remn●nt of the old fabrick . The Patrimony thereof once very large , was wasted and destroyed by Bishop Voisie : who being made Bishop here by King Henry 8. ●ate out the residue of his raigne , and all K. Edwards , and some part of Queene Maries also . For whereas at his comming hither , he found the Church possessed of 22. goodly Manors , and 14. Mansion houses richly furnished : he left not above seven or eight of the worst Manors , and those let out in long leases ▪ and charged with pensions ; and not above two houses , both bare and naked , of which see Bishop Godwins Catalogue , and Powels History of Wales . This Diocefe hath yeelded to the Realme of England , three Lord Chancellours , two Lord Treasurers , one Lord President of Wales ; and to the University of Oxford , one Chancellour . It containeth in it the two Counties of Devon , and Cornwall , and in them 604 Parish Churches , whereof 239. are impropriate ; for government whereof it hath foure Arch-Deacons , viz. of Cornwall , Exeter , Barnestable , and Tawton . The Bishoprick was once valued at 1566. li. 14. s. 6. d. But since the diminution , or destruction rather , made by Bishop Voisie ; it is now valued at 500. l. just . The Clergies tenth here very high , or mounting to the sum of 1240. li. 15. s. 2. d. ob . Now for the mar●halling of the Bishops of this once divided Diocese , we will present you with those of Devonshire and Cornwall , columne-wise , one against the other , according to their time and order , untill wee meere them both in the Church of Exeter . Bishops of Devonsh . A. Ch.     905 1   Eadulphus . 906 2 Putta . 910 3 Eadulfus . II. 932 4 Ethelgarus . 942 5 Algarus . 952 6 Alfwoldus . 972 7 Alfwolfus . 981 8 Sidemannus 990 9 Alfredus . 999 10 Alfwoldus II. 1014 11 Eadnothus . 1032 12 Liningus , who after the death of Burwoldus Bishop of Cornwall , procured that Bishoprick to bee annexed unto his owne : which was no sooner done , but that his next successour removed both to Exeter ; since when the Bishops have beene called Cornwall . 905 1 Athelstan .   2 Conanus .   3 Ruidocus .   4 Aldredus .   5 Britwinus .   6 Athelstā . II   7 Wolfi .   8 Woronus .   9 Wolocus .   10 Stidio .   11 Aldredus .   12 Burwoldus , the last Bishop of Cornwall . Bishops of Exeter . A. Ch.     1049 1 Leofricus , who removed the See to Exeter . 1079 2 Osbernus . 1107 3 William Warlewast . 1122 4 Robert Chichester . 1150 5 Robert Warlewast . 1159 6 Bartholm . Iscanus . 1186 7 Johannes . 1191 8 Henry Marshall . * 1206 9 Simon de Apulia . 1224 10 Gul. Brewer . 1245 11 Richard Blondy . 1257 12 Walter Bronescomb . 1280 13 Peter Quivill . 1293 14 Thomas Button . 1307 15 Walter Stapleton , L. Treas . 1326 16 James Barkeley . * 1327 17 John Grandison . * 1370 18 Thomas Brentinsham . L. Treas . 1395 19 Edm. Stafford , L. Chan. * 1419 20 John Ketterich . 1419 21 John Carie. 1420 22 Edm. Lacy. 1455 23 George Nevill , L. Chan. and Chan. of Oxford , tr . to Yorke . * 1466 24 John Boothe . 1477 25 Peter Courtney , tr . to Winton . * 1486 26 Richard Foxe , tr . to Weles . 1492 27 Oliver King , tr . to Welles . 1495 28 Richard Redman . 1501 29 John Arundell . 1504 30 Hugh Oldham . 1519 31 John Voysie , L. Pres. of Walles . 1551 32 Miles Goverdale . 1556 33 James Turberville . 1560 34 Gul. Alley . 1570 35 Gul. Bradbridge . 1579 36 John Woolton . 1594 37 Gervase Babington . 1598 38 Gul. Cotton . 1621 39 Valentine Cary. 1627 40 Joseph Hall , now Bishop of Exeter ▪ 1641 ▪ GLOCESTER , and the Bishops there . GLocester was anciently the seate of a British Bishop , whose stile sometimes occurres in the subscriptions of Synodicall Acts , by the name of Cluviensis ; this towne being formerly called Clevid , as Camden noteth . And I remember that I have seene in the Palace of Glocester , the name of ✚ ✚ ✚ said to bee Bishop there in the Britons time . But whether it were so or not ; or whether Glocester were a Bishoprick in those dayes of old , is not materiall to our purpose . For that which was , was brought to nothing by the Saxons , and when they entertained the faith of Christ , it was first under the authority of the Bishops of Lichfeild , as afterwards of those of Worcester . But in these later dayes it was dismembred from that Diocese , and by King Henry 8. made a Bishops See , what time the rest of new erection were by him founded , as we have spoke before , when we were in Bristol . Now for the indowment of this Bishopricke by him erected , ( besides a Chapter of a Deane , and sixe Prebendaries by him so founded ) he assigned over all , or most of the lands , unto the ancient Monasteries here , once belonging : which being first built by Aldred , Arch-Bishop of Yorke , and Bishop of Worcester , and afterwards repaired by Hanley , Farley , Mo●went , Herton , Trowcester , and Sebroke , severall Abbats here , became in fine to be , what it still continueth , one of the fairest Fabricks in the Realme of England . The Diocese containing onely Glocester shire , hath in it 267. Parishes , whereof 125 are impropriations ; and one Archdeacon , being called of Glocester . Valued it is in the Kings bookes , 315. li. 17. s. 2. d. according to the estimate thereof at the first foundation : though in two vacancies which it had in Queene Eliz. time , much of the lands were taken from it ; ( for which see what was said before in the case of Ely. ) And for a tenth of all , the Clergie pay unto the King 358. l. 15. s. Bishops of Glocester . A. Ch.     1541 1 John Wakeman , last Abbat ● Tewkesbury . 1550 2 John Hooper . 1555 3 James Brookes . Vacat sedes Ann. 3. 1562 4 Kichard Cheinie . Vacat sedes Ann. 3. 1581 5 John Bullingham . 1598 6 Godfr Goldsbourgh . 1604 7 Thomas Ravys , tr . to London . 1607 8 Henry Parry , tr . to Worcest . 1611 9 Giles Tomson . 1612 10 Miles Smith . 1624 11 Godfr . Goodman , now Bishop there ▪ 1641. HEREFORD , and the Bishops there . HEreford also was of old one of the Bishopricks erected in the Britons time ; first under the Metropolitan of Caer-Leon upon Vske , of Saint Davids afterwards , and when these parts were conquered by the Saxon Kings , it came to be a member of the Province of Canterbury . The Cathedrall Church here founded first by Milfride , one of the Noblemen of this County in honor of Ethelbert , King of the East Angles treacherously made away by the Queene of Mercia , his intended mother in law . That which now standeth , oweth the most part of it selfe to Bishop Reinelm ; and what he lived not to performe , was finished by his successours , as they had either meanes or opportunity . The Diocese hereof containeth the County of Hereford , and part of Shrop-shire ; wherein it hath 313. parish Churches , of which 166. are impropriations : and for the government hereof , hath two Arch-Deacons , viz. of Hereford and Salop. It hath afforded to the Church one Saint , to the state two Chancellours , and three Lord Treasurers , one Deputy to the Realme of Ireland , two Chancellours to the University of Oxford , and one unto the Queenes of England . Finally , it is valued in the Kings bookes , 768. li. 10. s. 6. d. ob . q. the tenth of the Clergy comming unto 340. li. 2. s. 2. d. ob . Bishops of Hereford . A. Ch.     680 1 Putta .   2 Tirtellus .   3 Torteras :   4 Wastoldus . 740 5 Cuthbertus .   6 Podda .   7 Ecc● .   8 Cedda . 857 9 Alber●us .   10 Esna . 885 11 Celmund .   12 Utellus .   13 Wulfehard .   14 Benna .   15 Edulfus .   16 Cuthwolfus .   17 Mucellus .   18 Deorlaf .   19 Cunemond .   20 Edg●r .   21 Tidhelm .   22 Wulfehelm .   23 Alfricus .   24 Athulfus .   25 Athelstan . 1055 26 Leovegard . Vacat sedes Ann. 4. 1060 27 Walterus . 1079 28 Robert Losinga .   29 Gerrardus , tr . to Yorke . 1107 30 Reinelmus Chan. to the Queene . 1115 31 Galfredus de Cliva . 1120 32 Richardus . 1131 33 Robert de Betun . 1149 34 Gilbert Foliot , tr . to London . 1162 35 Robert de Melun . 1174 36 Robert Foliot ▪ 1186 37 Gul. de Vere , * 1200 38 Egidius de Bruse . * 1216 39 Hugh de Mapenore . 1219 40 Hugh Foliot . 1234 41 Radulph de Maydestone . 1239 42 Peter de Egueblanc . 1268 43 John Breton , the geat Lawyer . 1275 44 S. Thomas Canterupe , Chan. of Oxford , and L. Chan. 1282 45 Richard Swinfeild . 1317 46 Adam de Orlton , L. Treas . transl . to Worcest . 1327 47 Thomas Carlton , Deputy of Ireland , and L. Treas . 1344 48 John Trilleck . 1361 49 Lud. Charlton . 1369 50 Gul. Courtney , tr . to London . * 1376 51 John Gilbert , L. Treas . tr . to S. Davids . 1389 52 John Tre●●ant . 1405 53 Robert Mascall . 1417 54 Edm. Lacy , tr . to Exeter . 1420 55 Tho. Polton , tr . to Chichest . 1422 56 Tho. Spofford . 1448 57 Rich. Beauchamp , tr . to Sarum . * 1450 58 Reginald Butler . * 1453 59 John Stanbery . 1574 60 Tho. Milling . 1492 61 Edm. Audley , tr . to Sarum . * 1502 62 Adrian de Castello , tr . to Welles . 1504 63 Rich. Mayo , Chan. of Oxford . 1516 64 Charles Boothe . 1535 65 Edward Foxe . 1539 66 John Skipp . 1553 67 John Harley . 1554 68 Robert Per●ewe . 1559 69 John Scorie . 1585 70 Herbert Westfaling . 1602 71 Robert Bennet ,   72 Francis Godwin . 1633 73 Augustin Lindsell . 1634 74 Matthew Wrenn . 1635 75 Theophilus Feild . 1636 76 Geo. Cooke , now Bishop . 1639. LLANDAFF , and the Bishops there . LLandaff is one of the most ancient Bishops Sees either in England or Wales ; and claimeth a direct succession from the Arch-Bishops of Caerleon upon Vske , as unto the Bishopricke ; though for the Metropolitan dignity it bee content to let S. Davids have what is left thereof . The first Bishop here , of whom is any good record , is S. Dubritius , consecrate Bishop of this places by Lupus and Germanus , what time they came hither out of France , for the extirpation of the Pelagian heresie . The Church here dedicated to S. Thelians , the next successour to S. Dubritius ; founded upon the River Taffi , and thence called Llandaff ; Llan , in the Welch tongue , signifying a Church ; a Church very well endowed by the munificence and piety of great persons in those times : so well , that as it is affirmed by Bishop Godwin , were it possessed now of the tenth part onely of what once it had , it might be reckoned one of the richest Churches in all Christendome . The ruine of it came in the time of Bishop Dunstan , alias Kitchin , who thereupon is called fundi nostri calamitas by Bishop Godwin ; The Diocese containeth onely part of Glamorganshire , and part of Momnouthshire , though the most of each : and in those parts , 177. Parishes , whereof 98. impropriations : and for them one Arch-Deacon , which is called of Llandaff . The Bishopricke is valued in the Kings bookes , 154. li. 14. s. 1. d. the Clergy paying for their tenth , somewhat neere that summe , viz. 155. li. 5. s. 4. d. It is to be observed , or may be if it please the Reader , that neither here , nor at Saint Davids , there is any Deane , nor never was in any of the times before us : the Bishop being head of the severall Chapters ; and in his absence the Arch-Deacon here , as is the Chanter at S. Davids . Bishops of Llandaff . A. Ch.       1 S. Dubritius . 522 2 S. Telian , alias Eliud .   3 S. Oudoceus .   4 Ubilwinus .   5 Ardanus .   6 Elgistil .   7 Lunapejus .   8 Comegern .   9 Argwistill .   10 Garvan .   11 Guodloin .   12 Edilbinus .   13 Grecielus .   14 Berthgwen .   15 Trychan .   16 Elvogus .   17 Catgwaret .   18 Cerenhit . 19 Nobis .   20 Gulfridus .   21 Nudd .   22 Cimelianc .   23 Libian .   24 Marcluith .   25 Pater . 982 26 Gogwan . 993 27 Bledri . 1022 28 Joseph . 1056 29 Herewaldus . 1107 30 Urbanus . Vacat sedes Annos . 6. 1139 31 Uhtred . 1148 32 Galfridus . 1153 33 Nicolas ap Gurgant . 1183 34 Gul. de Salso Marisco .   35 Henricus . 1219 36 Gulielmus . 1229 37 Elias de Radnor . 1244 38 Gul. de Burgo . 1253 39 John La Ware. 1256 40 Gul. de Radner . 1265 41 Gul. de Brews . * Vacat sedes Annos 9. 1296 42 John Monumeteus . 1323 43 John Eglescliffe . 1347 44 John Pascall . 1362 45 Roger Cradoc . 1383 46 Thomas Rushooke , translated to Chichester . 1385 47 Gul. de Bottlesham , translated to Rochester . 1389 48 Edm. Bromfeld . 1391 49 Tidemannus , translated to Worcester . 1395 50 Andrew Barret .   51 John Burghill , translated to Lichfeild . 1399 52 Thomas Peverell , translated to Worcester . 1408 53 John Zouch . * 1423 54 John Wells . 1441 55 Nicolas Ashby . 1458 56 John Hunden .   57 John Smith . 1478 58 John Marshall .   59 John Ingleby . 1504 60 Miles Salley . 1516 61 George Athequa . 1537 62 Robert Holgate , translated to Yorke . 1545 63 Anthony Kitchin. Vacat sedes , Annos 3 ▪ 1566 64 Hugh Jones . 1575 65 Gul. Blethin . 1591 66 Gervase Babington , translated to Oxford . 1595 67 William Morgan , tr . the Bible into Welch . 1601 68 Francis Godwin , tr . to Hereford . 1618 69 George Carleton , tr . to Chich. 1619 70 Thoph . Feild , tr . to S. Davids . 1628 71 John Murrey , Bishop of Kilfanore in Ireland . 1639 72 Morgan Owen , now Bishop there 1641. LINCOLN , and the Bishops there . THe Bishopricke of Lincoln , like that of Exeter , was once two Dioceses : the Bishops of the which had their severall seates , the one at Dorchester now a private Village , seven miles from Oxford ; the other at Sianacester , not farre from Gainsburgh , ( as Camden thinkes ) in the County of Lincoln , the ruines of the which are now invisible . But Sidnacester being in little time united unto Dorchester ; the Bishops See was not long after removed to Lincoln : and that by reason of a Canon made about that time , viz. An. 1075. by which all Bishops were enjoyned to live in the most famous and conspicuous place within their Dioceses . Which was the cause , why many of our Bishops did about this time remove their Sees ; as we have seene already , and shall see hereafter . For the Cathedrall Church here , it s of no more standing then the removall of the Bishops See to this place from Dorchester ; that which was once here founded by Paulinus , Arch-Bishop of Yorke , having beene long before this time quite ruined . But when Remigius translated hither the Episcopall Chaire , hee also built this Church for receipt thereof . Which being not long after defaced by fire , was for the most part repaired and beautified by Bishop Alexander , one of his successours : but brought unto that state in which now it is , by Hugh of Burgundy , and certaine other of the Bishops the Church is dedicated to the Virgin Mary , and All-Saints . As for the Diocese , it is the greatest still for jurisdiction , and was once one of the greatest for revenue in all the Kingdom . But for the jurisdiction , that hath been shortned , though at severall times : the Bishoprick of Ely being taken out of it by King Henry the first , as those of Peterburgh , and Oxford , by King Henry 8. yet still it is the largest Diocese in all the Ki●gdome ; containing the whole Counties of Lincoln , Leicester , Huntingdon , Bedford , Buckingham , and part of Herefordshire . In which great quantity of ground , there are 1255. Parishes , whereof 577. are impropriations ; for government of which under the Diocesan there are sixe Arch-Deacons , viz. of Lincoln , Leicester , Bedford , Buckingham , Stow , & Huntingdon . The Clergies tenth is answerable unto this great extent of jurisdictiō , being no lesse then 1751. li. 14. s. 6. d. The Bishoprick being valued at 894. li. 10. s. 1. d. ob . in the K. bookes . Now for the dignity of this seate , wee will adde but this , that it hath yeelded to the Church three Saints , and to Rome one Cardinall ; unto the realme of England sixe Lord Chancellours , and one Lord Treasurer , and one Lord Keeper ; foure Chancellours to the University of Oxford , two to Cambridge ; And that the B●shops here , were heretofore Vice ● Chancellours to the See of Canterbury . Which being thus premised , I shall proceede in ordering the Bishops here , as I did at Exeter . Bishops of Sidnacester . A. Ch.     678 1 Eadhedus .   2 Ethelwinus .   3 Edgar .   4 Kinelbertus , 733 5 Alwigh . 751 6 Eadulfus . 764 7 Ceolulfus . 787 8 Eadulfus , II. after whose death this Church being a long time vacan● , was joyned to Dorchester . Bishops of Dorchester . 635 1 Birinus . 650 2 Agilbertus .   ✚ ✚ ✚ 737 3 Tota . 764 4 Edbertus .   5 Werenbertus . 768 6 Unwora . 816 7 Rethunus . 851 8 Aldredus . 873 9 Ceolredus .   10 Halardus .   ✚ ✚ ✚ 905 11 Ceolulfus . 12 Leo●winus , who first united the See of Sidnacester , unto that of Dorchester . 960 13 Ailnothus .   14 Ascwinus .   15 Alshelmus .   16 Eadnothus . 1016 17 Eadhericus . 1034 18 Eadnothus . II. 1052 19 Ulfus Normannus . 1053 20 Wulfinus , after whose death Remigius his successour removed the Bishops See to Lincoln , who from hence forward are to be entituled Bishops of Lincoln . 1070 21 Remigius de Feschamp S. 1092 22 Robert Bloet . L. Chan. 1123 23 Alexander , L. Chan. 1147 24 Robert de Chesney . Vacat sedes , Annos 17. 1183 25 Walter de Constantiis , L. Chan. 1186 26 S. Hugh . 1203 27 Gul. Blesensis . Vacat , Annos 3. 1209 28 Hugo Wallis , L. Chan. 1235 29 Robert Grosthead . 1254 30 Henry Lexington . 1258 31 Benedict de Gravesend . 1280 32 Oliver Sutton . 1300 33 John Aldbery . 1319 34 Thomas Beake . 1320 35 Henry Burwesh , L. Treas . * 1341 36 Thomas Le Beck . 1351 37 John Sinwell . 1363 38 John Bokingham . 1397 39 Henry Beauford . * 1405 40 Phil. de Repingdon , Card. Ch Ox. 1420 41 Richard Flemming ▪ 1431 42 Gul. Grey . 1436 43 Gul. Alnwick . 1450 44 Marm. Lumley , Chan. Camb. 1452 45 John Chadworth . 1471 46 Thomas Rotheram , Lord Chancel . and Ch. Cambr. 1480 47 John Russell , Lord Chan. and Chan. Oxford . Vacat Annos 5. 1495 48 Gul. Smith , Chan. Oxford . 1412 49 Thomas Wolsey Almoner , trransl . to Yorke . 1414 50 Gul. Atwater . 1521 51 John Longland , Chan. Oxford . 1547 52 Henry Holbech . 1552 53 John Tayler . 1553 54 John White . 1557 55 Thomas Watson . 1559 56 Nicolas Bullingham . 1570 57 Thomas Cowper , tr . to Winton . 1584 58 Will. Wickham , tr . to Winton . 1594 59 Will. Chadderton . 1608 60 Will. Barlowe . 1613 61 Rich. Neyle , tr . to Durham . 1617 62 Geo. Monteine , tr . to London . 1921 63 John Williams , L. Keeper , now Bishop of Lincoln . 1641. LONDON , and the Bishops there . LOndon was heretofore the principall of the three Arch-bishopricks amongst the Britons , and by Pope Gregory was intended to have beene so too amongst the English : but that Saint Austin whom hee sent to convert the Saxons , liking of Canterbury well , resolved to set his staffe up there , without going further . This had before beene prophecied by Merlin , that Dignitas Londoniae adornaret Doroberniam , and was now accomplished . What , and how many were the Arch-bishops here , we have no good Constat . Sixteene are named by Bishop Godwin , but with no great confidence : but howsoever doe not come within my compasse , who have confined my selfe to the Saxons time , in the first infancie of whose conversion , this City was designed for a Bishops See. The Cathed , Church built also in those early dayes by Ethelbert , the first Christian King of all the English ; but afterwards much beautified and enlarged by Er●enwald , the fourth Bishop . Which Church of theirs being 500. yeeres after destroyed by fire : that which now stands was built in the place thereof , by Mauritiu● , Richardus his successour , and certaine others of the Bishops ; a great part of it at their owne charge , the residue by a generall contribution over all the Kingdome . And when it was defaced by fire in the late Queenes time , An. 1561. the Qu. forthwith directed her letters to the Major of London , willing him ( as Iohn Stowe , the City Chronicler reports it ) to take order for speedy repairing of the same : which was done accordingly . The Bishop of this Diocese hath precedencie before all Bishops of the Realme , next the two Archbishops , together with the dignity and place of Deane , unto the Metropolitan See of Canterbu●y . The nature of which office is , not onely to preside over the rest of the Bishops at Synodicall meetings , in case the Metropolitan be absent : but to receive his mandats , for assembling Synods , and other businesse of the Church ; and having so received them , to intimate the tenour and effect thereof to the Suffragan Prelates . Examples of the which see in the Acts and Monuments . And for this Diocese it selfe , it containeth in it the two Counties of Middlesex , and Essex , with that part of Hertfordshire , which is not in the Diocese of Lincoln : wherein are reckoned 623. Parishes , and of th●m 189. impropriated : for government whereof there are five Arch-Deacons , viz. of Lo●don , Middlesex , Essex , Colchester , and Saint Al●ans . Valued it is in the Kings bookes 1119. li. 8. s. 4. d. the Clergies tenth amounting to the summe of 821. li 15. s. 1. d. Finally , th●s See hath yeelded to the Church three Saints , to the State nine Lord Chancellours , sixe Lord Treasurers , one Chancellour of the Exchequer , two Masters of the Rolls , besides foure Almoners to the Court , and two Chancellours to the University of Oxford ; whose names occurre amongst these following . Bishops of London . 606 1 S. Melitus , tr . to Cant.     ✚ ✚ ✚ ✚ 654 2 Ceadda . 666 3 Wina . 665 4 S. Erkonwald . 685 5 Waldherus .   6 Ingualdus .   7 Egwolfus .   8 Wighed .   9 Eadbright .   10 Edgarus .   11 Kenwalchus .   12 Eadbaldus .   13 Hecbertus . 801 14 Osmundus , alias Oswinus . 833 15 Ethelnorthus .   16 Ceolbertus .   17 Renulfus , alias Ceonulfus .   18 Suithulfus . 851 19 Eadslanus . 860 20 Wulfius .   21 Ethelwardus .   22 Elitan . 898 23 Theodredus .   24 Walstanus .   25 Brithelmus . 958 26 Dunstanus , S. tr . to C●nt . 962 27 Alfstanus .   28 Wulfstanus .   29 Alhumus .   30 Alwy .   31 Elfwardus . 1044 32 Robert Normannus . 1050 33 Gul. Normannus . 1070 34 Hugo de Orevalle . 1087 35 Mauritius , L. Chan. 1108 36 Richard de Beaumis . 1128 37 Gilbertus . Vacat sedes , Annos 7. 1140 38 Robert de Sigillo . 1151 39 Richard Beaumis . II 1161 40 Gilbert Foliot . 1189 41 Richard Nigellus , L. Trea● . 1199 42 Gul. de S. Maria. 1222 43 Eustatius de Falcon bridge . Chan of the Exchequer , and L. Treas . * 1229 44 Roger Nigor . 1244 45 Fulco Basser . * 1259 46 Henry de Wingham . , L. Treas . 1261 47 Richard Talbot . 1263 48 Henry de Sandwich . 1274 49 John de Chisul . L. Chan. and L. Treas . 1280 50 Richard de Gravesend . 1305 51 Radulf de Baldock , L. Chan. 1313 52 Gilbert Segrave . 1317 53 Richard Newport . 13●8 54 Stephen Gravesend . 1338 55 Richard Bentworth , L. Chan. 1339 56 Radulf Straford . 1355 57 Nicol. Northbrooke . 1361 58 Sim. Sudbury , tr . to Cant. 1375 59 Gul. Courtney , Chan. Ox. transl . to Cant. * 1381 60 Rob Braybroke . 1404 61 Roger Walden , L. Treas . 1406 62 Nicolas Bubweth , Master of Rolls , and L. Treas . 1407 63 Richard Giffard . 1421 64 John Kemp. L. Chan tr . to Cant. 1426 65 Cul. Grey , tr . to Lincoln . 1431 66 Robert Fitz-Hugh . * 1435 67 Robert Gilbert . 1449 68 Thomas Kemp. 1489 69 Richard Hill. 1497 70 Thomas Savage . 1500 71 Will. Warham , L. Chan. transl . to Cant. 1505 72 William Barnes . 1506 73 Richard Fitz-James . 1522 74 Cutbert Tunstall , tr . to Durham . 1530 75 John Stokesley . 1540 76 Edm. Bonner , displa . by K. Edw. 6. 1549 77 Nicolas Ridley , displaced by Qu. Mary , and Bonner restored againe , 1553. 1559 78 Edm. Grindall , tr . to Yorke . 1570 79 Edwin Sandis , tr . to Yorke . 1576 80 John Elmer , Bishop Almoner . 1594 81 Richard Fletcher , Bishop Almoner 1597 82 Richard Bancroft , tr . to Cant. 1604 83 Richard Vaughan . 1607 84 Thomas Ravis . 1609 85 George Abbot , tr . to Cant. 1611 86 John King. 16●1 87 George Monteine , Bishop Almoner . 1628 88 Will. Laud. Ch. Oxford , transl . to Cant. 1633 89 William Juxon , Bishop of London , and L. Treas . 1641. NORWICH , and the Bishops there . THe Diocese of Norwich , like those of Exeter and Lincoln , was once two Bishopricks : the one of Suffolk , whose seate was Dunwich on the Sea shoare ; the other of Norfolk , whose See was at North-Elmham , now a poore Village not farre from Repeham . The Bishop of the first was Felix a Burgundian , who first converted the East-Angles . The third from him was Bisus , who finding himselfe , by reason of his age , too weake for so great a burden , divided his Diocese into two , making North Elmham the Episcopall seate for that part of the whole which we now call Norfolke . Both of them lay long dead in the times of the Danish furie : that of North-Elmham after an hundred yeeres desolation , ●eviving onely ; the other laid to rest for ever . North Elmham thus possessed of the whole jurisdiction , could not hold it long : the Bishops See being removed to Thelford first by Herfastus ; as afterwards from thence to Norwich by Herebert Losinga . There it hath since continued till these very times , though nothing else continue of it but the See alone . For all the lands thereto belonging were taken from it by King Henry the 8. those which did formerly appertaine unto the Monastery of Saint Bennets in the Holme ( by that King dissolved ) being assigned unto it by exchange . For which consult ▪ the Statute , 32. H. 8. 47. in the which Statute it is said that the lands given in recompence were of a greater yeerely value then those taken from it . So that the Bishop , as it seemes , got in revenue ▪ then , though he lost in priviledge . For whereas the Bishops here had the fi●st f●uits of all the Benefices within the Diocese , by an ancient custome : that was united to the Crowne by Act of Parliament , 26. H. 8. c. 3. Now for the Church of Norwich , it was founded first by him who first remo●ed hither the Bishops See , even by Herebertus Losinga ; and by him dedicated to the blessed Trinity : Which being much defaced by fire , ( which was it seemes , a common calamity of all the Churches of those times ) was afterwards repaired by Iohn of Oxford , the third after him ; and once againe being fire-touched , by Bishop Midleton , who brought it to that state in which now it stands . This See hath yeelded to the Church two Saints , to the Realme five Chancellours , one Lord Treasurer , and one Lord Chiefe Justice , one Bishop Almoner to the Court , and to the King one principall Secretary of State. The Diocese containeth in the two Counties of Norfolke and Suffolke , 1121. Parish Churches , whereof 385. impropriate : for better ordering of the which it hath foure Arch-Deacons , viz. of Norwich , Norfolke , Suffolke , and Sudbury . Finally , this Bishoprick is valued in the Kings bookes , 899. li. 18. s 7. d. ob . The tenth of the whole Clergy amounting to the summe of 1117. li. 13. s. ob . Now for the line of Norwich it is thus drawne downe . Bishops of the East-Angles . A. Ch.     630 1 S. Felix . 647 2 Thomas Diaconus . 652 3 Bregilfus . 665 4 Bisus , by whom this Diocese was divided into those of Elmham . 1 Bedwinus . 2 Northbertus . 3 Headulacus . 734 4 Eadilfredus . 5 Lanserthus . 6 Athelwolfus . 7 Alcarus . 8 Sibba . 9 Alherdus . 10 S. Humbertus , after whose death , both Sees lay vacant for the space of 100. yeeres . Dunwich . 1 Acca . 2 Astwolfus . 3 Eadfarthus . 4 Cuthwinus . 5 Aldberthus . 6 Aglafius . 7 Hardulfus . 8 Aelphunus . 9 Thedfridus . 10 Wer●undus . 11 Wilredus . the last Bishop of Dunwich . 955 11 Astulphus , Bishop of both Sees .   12 Alfridus .   13 Theodredus .   14 Athelstan .   15 Algarus . 16 Alwinus .   17 Alfricus . 1038 18 Alifrejus .   19 Stigandus , tr . to Winton . 1043 20 Grinketell . 1047 21 Ethelmar .   22 Herfastus , who removed the See to The●ford , L. Chan.   23 Gul. Galsagus , L. Chan. after whose death the Bishops See was removed to Norwich , and his successours thence intituled Bishops of Norwich . 1088 24 Herebert Losinga , L. Chan. 1120 25 Everardus . 1151 26 Gul. Turbus . 1177 27 John Oxford . 1200 28 John G●ey , L. Chiefe Justice . Vacat Annos . 7. 1222 29 Pandulphus . 1226 30 Tho. de Blundevi●le . 1236 31 Radulphus . Vacat Annos ▪ 3. 1239 32 Gul. Ralegh , tr . to Winton . 1244 33 Walter de Sufeild . 1253 34 Simon de Wantam ▪ 1268 35 Roger de Skerwing . 1278 36 Gul. Middleton . 1288 37 Radul . Walpoole , translated to Ely. 1299 38 John Salmon , L. Chan. 1325 39 Robert Baldock , Lord Chancellour . 1325 40 William Ayermyn , Lord Keeper , and L. Treas . 1337 41 Ant de Beck .   42 Gul. Bateman . 1354 43 Tho. Percy . * 1370 44 Henry Spencer . 1408 45 Alexander . 1413 46 Richard Courtney . * 1416 47 John Wakering . 1426 48 Gulielmus Alnwick , translated to Lincoln . 1436 49 Tho. Browne . 1445 50 Walter Hart. 1472 51 James Goldwell , principall Secretary . 1499 52 Tho. Jan. 1500 53 Richard Nix . 1536 54 Gul. Rugg , alias Reppes . 1550 55 Thomas Thirleby , translated to Ely. 1554 56 John Hopton . 1560 57 John Parkhurst . 1575 58 Edm. Freke , translated to Worcester . 1584 59 Edm. Scambler . 1594 60 Gul. Redman . 1602 61 John Jegon . 1618 62 John Overall . 1619 63 Sam. Harsnet , tr ▪ to . Yorke . 1628 64 Fr. White , Almoner , tr . to Ely. 1632 65 Richard Corbet . 1635 66 Matthew Wrenn , Deane of the Chappell , tr . to Ely. 1638 67 Richard Montague , Bishop of Norwich , died 1641. OXFORD , and the Bishops there . THe Bishoprick of Oxford is of new erection , first founded by King Henry 8. and by him endowed out of the lands belonging to the late dissolved Monasteries of Abingdon and Osney . It was before a part of the Dio●ese of Lincoln : and being now made a Bishoprick , had first the Abbey Church of Osney ( being some halfe a mile from Oxford ) for its Cathedrall , Anno 1541. from whence it was removed to Oxford about five yeeres after . That which is now the Cathedrall , was anciently dedicated to Saint Frideswide : but being by King Henry made the Bishops See , was entituled Christ-Church : the Chapter there consisting of a Deane and eight Prebendaries by him also founded , part of the lands which had been purchased or procured by Cardinall Wolsey for the indowment of his Colledge , being allotted thereunto . This Bishoprick was founded then , An. 1541. and from that time , unto the yeere , 1603. when Doctor Bridges was made Bishop , are 63 , yeeres onely , or there abouts : of which it was kept vacant above 40 yeeres even almost all the long raigne of Queene Eliz●beth ; to the impoverishing of the Church , before well endowed . The Diocese containeth onely the County of Oxford , and therein 195 ▪ Parish Churches , of which 88. are impropriated . It hath but one Arch-Deacon , which is he of Oxford ; is valued in the Kings bookes , 354. li. 16. s. 4. d. ob . the Clergies tenth comming unto 255. li. 8. s. Bishops of Oxford . A. Ch.     1541 1 Robert King , last Abbat of Osney . Vacat Ann. 10. 1567 2 Hugh Curwyn . Vacat Ann. 20. 1589 3 John Underhill . Vacat Ann. 11. 1603 4 John Bridges . 1619 5 John Howson , tr . to Durhum . 1628 6 Richard Corbet , tr . to Norwich . 1632 7 John Bancroft , died Bishop of Oxford , Anno 1640. PETERBURGH , and the Bishops there . THe Bishoprick of Peterburgh is of new erection , and taken also out of Lincoln , as Oxford was . The Cathedrall Church was anciently a Monastery , the place or towne of old called Medeshamstede ; but on the building of the Abby-Church , founded by Wol●her King of the Mercians , Anno 633. and by him dedicated to Saint Peter , it gained the name of Peterburgh . This Church by him thus built , was after ruined by the Danes , and againe built and beautified by Ethetwoldus Bishop of Winton , Anno 960 ▪ or there abouts : upon whose mediation it was exceedingly liberally endowed by Edgar then King of England ; Adulph then Chancellour to that King , giving unto it also his whole estate . Thus it continued in a flourishing and faire estate , untill King Henry dissolved it ▪ and having so dissolved it , did by his Letters Patents make it a Bishops See , and founded also here a Chapter consisting of a Deane and sixe Prebendaries . The Diocese hereto allotted , containeth the two Counties of Northhampton , ( in the which Peterburgh standeth ) and Rutland : and in them both 293. Parishes , whereof 91. are impropriate . It hath but one Arch-Deacon , which is entituled of Northhampton : is valued in the Kings bookes 414. li. 19. s. 11. d. the Clergy paying for their tenth , 520. li. 16. s. 8. d. Bishops of Peterburgh . A. Ch.     1541 1 John Chamber , the last Abhat of Peterburgh . 1557 2 David Poole . 1560 3 Edm. Scamber , tr . to Norwich . 1584 4 Richard Howland . 1600 5 Thomas Dove . 1630 6 Gul. Pie●s , tr . to Welles . 1632 7 Augustine Lindsell , tr . to Heref. 1634 8 John Dee of Chichester . 1638 9 John Towers , Dean of Peterburgh , now Bishop here . 1639. ROCHESTER , and the Bishops there . THe Bishoprick of Rochester , is the most ancient next to Canterbury , of all in England : a Bishops See being here erected by that S. Austin , who first did preach the Gospel unto the Saxons , Anno 606. which was about ten yeeres after his entrance into England . The Cathedrall Church here , first ●rected by Ethelbert King of Kent , when it was first made a Bishops See ; and by him dedicated to Saint Andrew : which growing ruinous and dedicated , was afterwards repaired by Gundulp●us , one of the Bishops of the same , about the yeere 1080. This Bishoprick was anciently , and a long time together , in the immediate Patronage of the Arch-Bishop of Cauterbury ; who did dispose thereof as to them seemed best ; and so continued , till under the pretence of free and capitular elections , the Popes had brought all Churches into their owne hands . However after this , the Bishops of Rochester owed more then ordinary obedience to their Metropolitan : and in all solemne Pompes were commonly their Crosse-bearers . The Diocese hereof is the least in England , containing onely a small part of Kent , and therein not above 98. Parishes , of which 36. impropriate : for ordering of which jurisdiction , there needed not but one Arch-Deacon , which is he of Rochester . Nor is the valuation much , either of the Bishoprick , or of the Clergy : the one being in the Kings bookes , 358 li. 3. s. ● . d. q. the other paying for their tenth , the least of any of the English , viz. 222. li. 14. 6 d. ob . q. And yet this little See hath yeelded to this Realme , one Chancellour , one Lord Keeper of the great Seale , and one Lord ▪ Treasurer , and to the Church of Rome , one Cardinall . The Bishop of this Church writes himselfe Roffensis . Bishops of Rochester . A. Ch.     606 1 Justus , tr . to Canterbury . 622 2 Romanus . 631 3 Paulinus , Arch-Bishop of Yorke . 644 4 Ithamar . 656 5 Damianus . 669 6 Putta . 676 7 Quichelmus . 681 8 Gebmundus . 693 9 Tobias . 717 10 Adulfus . 741 11 Duina . 747 12 Eardulfus .   13 Diora .   14 Weremundus . 800 15 Beornmod .   16 Tadnoth .   17 Bedenoth .   18 Godwinus . 19 Cutherwolf .   20 Swithulsus .   21 Bu●ricus .   22 Cheolmund .   23 Chireserth .   24 Burrhicus .   25 Alfanus . 984 26 Godwinus . II.   27 Godwinus . III. 1058 28 Siwardus . 1075 29 Arnostus . 1077 30 Gundulphus . 1108 31 Radulphus , tr . to Cant. 1115 32 Barnulphus . S. 1125 33 Johannes . 1137 34 Ascelir●●s . 1147 35 Walterus . 1183 36 Gualeranus . 1185 37 Gilbertus Glanvill . 1214 38 Benedictus . 1227 39 Henry de Samford . 1238 40 Richard de Wendover . 1251 41 Laurent . de S. Martino . 1274 42 Walt. de Merton , L. Chan. 1278 43 John de Bradfeild . 1283 44 Tho. de Inglethorp . 1291 45 Tho. de Wuldham . 1319 46 Haimo de Heath . 1352 47 John de Shepey , L. Treas . 1361 48 Gul. de Witlesey , tr . to Worcest . 1363 49 Tho. Trilley . 1372 50 Tho. Brinton . 1389 51 Gul. de Bottlesham . 1400 52 Joh. de Bottlesham . 1404 53 Richard Young. 1419 54 John Kemp , tr . to Chichester . 1422 55 John Langdon . 1434 56 Tho. Browne , tr . to Norwich . 1436 57 Gul. de Welles . 1443 58 John Lowe . 1467 59 Tho. Rotheram , tr . to Lincoln . 1471 60 John Alcock , L. K. tr . to Worcester . 1476 61 John Russell , tr . to Lincoln . 1480 62 Edm. Audley , tr . to Here●ord . * 1492 63 Tho. Savage , tr . to London . 1496 64 Rich. Fitz-James , tr . to Chic●ester . 1504 65 John Fisher , Cardinall . 1536 66 John Hilsey . 1539 67 Nic. Heath , Almoner , tr . to Worc. 1544 68 Henry Holbech , tr . to Lincoln . 1547 69 Nic. Ridley , tr . to London . 1550 70 Jo. Poyner , tr . to Winton . 1551 71 John Scory , tr . to Chichester . 1554 72 Maurice Griff●n . 1559 73 Edm. Gheast , tr . to Sarum . 1571 74 Edm. Freake , tr . to Norwich . 1576 75 John Piers , Almoner , tr . to Sarum . 1578 76 Jo. Young. 1605 77 Gul. Barlowe , tr . to Lincoln . 1608 78 Rich. Neyle , tr . to Lichfeild . 1611 79 John Buckeridge , tr . to Ely. 1627 80 Walt. Curle , tr . to Welles . 1630 81 John Bowle , now Bishop , 1637. 1637 82 John Warner , Deane of Lichfeild . now Bishop of Rochester , 1641. SALISBURY , and the Bishops there . THe Bishoprick of Salisbury succeeded in the rights of two severall Dioceses , whereof the one had its Cathedrall or chiese See at Sherborn , in the County of Dorset ; the other at Wilton , once the chiefe towne of Wiltshire , but since the growth of Salisbury very much decayed . Of these the ancienter was Sherborn , whose Diocese extended once over all those Countries , which are now subject to the jurisdiction of Sal●●bury , Bristol , Welles , and Exeter . But Welles and Exeter being made peculiar Dioceses , Anno 905. as we there have shewed , another was erected the same time at Wilton also . Which when it had continued under nine Bishops , and no more , was then againe united unto Sherborne ; and both together presently removed to Salisbury , as being the chiefe City of these parts , and consequently more fit for a Bishops See. And yet it stayed not long there neither , being removed againe in little time , unto a more convenient place . For by Herm●nn●● it was fixed upon the hill , in that old fortified towne , now called old Salisbury : which being found by soone experience to be no proper seate for a Bishops dwelling ; the See was presently brought lower , and with it the towne . Herm●nnus who removed the See from Sherborne , did first begin the Church at old Sarum ( for so some Latine writers call it ) which Osmund , his successor finished . Rich. sirnamed Poore , the fourth-from Osmund , removed the See into the Valley , and first began that Church which wee now see standing : which being finished in the yeere ▪ 1258. by Bishop Bridport , was ded cated to the honour of the blessed Virgin. Thus was the See of Sherborne removed to Salisbury , where it hath ever since continued in great fame and lustre . As for the priviledges of this Church , the Bishops anciently did claime to be Praecentors to their Metropolitan , and of more late dues to bee Chancellours of the most noble order of the Ga●ter . Which office being instituted by King Edward 4. and by him vested in the person of Rich. Beauchamp of Sarum , and his successors in that See : was after in the new Starutes made by Henry 8. left solely to the Kings disposing , either to Clergy-man or Lay-man , as to them seemed best . Nor hath it beene enjoyed by any Clergy-man since that time , though in the yeere 16●8 . it was much laboured for by Bishop Cot●o● . This Diocese containeth in it the Counties of Berks , and Wiltes , ( for that of Dorset was dismembred from it by King Henry 8. and laied to Bristol , ) and in them two , 544. Parish Churches , of which 109. are impropriations . It hath moreover three Arch-Leacons , viz. of Salisbury , Berks , and Wilts ; is valued in the Kings bookes , 1367. li. 11. s. 8. d. the Clergy paying for their tenth , 901. li. 8. s. 1. d. Finally , this See hath yeelded to the Church one Saint , and to Rome two Cardinals , unto the Realme of England , one Lord Cheife Justice , three Lord Chancellours , two Lord Treasurers , as many Masters of the Rolls ; two Chancellours t● the University of Oxford , and one to Cambridge . The Bishops of this See , we will Marshall thus . Bishops of Sherborne . A. Ch.     705 1 Adhelmus . 709 2 Fordhere . 738 3 Herewaldus .   4 Ethelwaldus .   5 Denesrith .   6 Wilbertus . 817 7 Easthanus . 868 8 Eadmundus . 872 9 Eheleage .   10 Alfy .   11 Asserius , sirnamed Menevensis . 883 12 Swithelmus , alias Sigelmus .   13 Ethelwaldus , II. after whose death this Diocese was divided into many parts , those of Welles , Cridington , and Saint Germans , ( both which now make Exe●er ) being taken out of it , Anno 905. by Plegmundus Arch-Bishop of Canterbury . At which time also there was another See erected for these parts at Wilton , whose seate was sometimes there , and sometimes also at Ramsbury , and Sunning . Bishops of Sherborn . Wilton . A. Ch.     905 14 Werstanus . 918 15 Ethel●aldus .   16 Sigelmus . II. 934 17 Alfredus . 940 18 Wulfeinus . 958 19 Alfwoldus . 978 20 Ethelricus .   21 Ethelsius .   22 Brithwinus . 1009 23 Elmerus .   24 Brinwin .   25 Elfwoldus , after whose death Hermannus , who had be fore beene Bishop of Wilton , and resigned that Church , because the Monkes of Malmesbury would not give him leave to remove his See Episco pall unto their Abby ; was made Bishop of Sherborne : and having joyned both Sees together , did shortly after remove both to Salisbury : of which himselfe , and his successors were afterwards entituled Bishops of Wilton 905 1 Ethelstanus .   2 Odo . 934 3 Osulphus . 970 4 Alsstanus . 981 5 Alfgarus .   6 Siricus , tr . to Cant. 989 7 Alfricus , tr . to Cant. 998 8 Brithwoldus . 1045 9 Hermannus , the last Bishop of Wilton . Bishops of Salisbury .   26 Hermannus , the 26 Bishop of this Diocese , and first that had his See at Sarum . 27 S Osmundus , L. Chan. 1107 28 Rogerus , L. Chiefe Justice , Lord Chan. and L. Treas . 1139 29 Jocelinus . Vacat sedes Ann. 4. 1189 30 Hubertus Walter , tr . to Cant. 1193 31 Herebertus Pauper . 1●17 32 Richard Poore . 1229 33 Robert Bingham . 1247 34 Gul. Eboracensis . 1256 35 Egidius de Bird-port . 1263 36 Walter de la W●le . 1274 37 Robert de Wike-hampton . 1284 38 Walter Scammell . 1287 39 Henry de Braundston . 1289 40 Gul. de la Corner . 1291 41 Nicolas Longespee . * 1298 42 Simon de Gandavo . 1315 43 Roger de Mortivall . 1329 44 Robert Wivill . 1375 45 Radulph Erghum , tr . to Welles . 1388 46 John Waltam , Master of the Rolls , and L. Treas . 1395 47 Richard Metford . 1407 48 Nicolas Bubwith , tr . to Welles . 1408 49 Rob. Hallam , Card. Chan. Oxford . 1417 50 John Chaundler . 1427 51 Robert Nevill . * 1438 52 Will. Aiscoth , Clerk of the Coun. 1450 53 Richard Beauchamp , first Chan. of the G. * 1482 54 Lionell Widdeville , Chancel . Oxford . * 1485 55 Tho. Langton , tr . to Winton . 1493 56 John Blythe , Master of the Rolls , Chan. of Cambridge . 1500 57 Henry Deane , tr . to Cant. 1502 58 Edmund Audley . * 1524 59 Laurence Campejus , Card. 1535 60 Nicolas Shaxton . 1539 61 John Salcot , alias Capon . 1559 63 John Juell . 1571 64 Edm. Gheast , Bishop Almoner . 1578 65 John Piers Bishop Almoner , tr . to Yorke . Vacat Ann. 3. 1591 66 John Coldwell . Vacat Ann. 2. 1598 67 Henry Cotton . 1615 68 Robert Abbot . 1618 69 Martin Fotherby . 1620 70 Robert Tonson . 1621 71 John Davenant , died Bishop of Salisbury . 1641. WESTMINSER Bishops , Deans , and Abbats . THe Bishoprick of Westminster , as it related to the Saxons , was of late erection ; and being so erected was of small continuance : but anciently in the Britons time , the Church there was the See for the Arch-bishop of London . For whereas some had found in some Record , that the Arch-Bishops See was planted in the Church of Saint Peter in Cornhill : certaine it is , that that was a mistake for Saint Peters in Thorney . Now Thorney is the ancient name of that , which is since called Westminster : and being an ancient Saxon name , was farre more likely to be meant by the first reporter , then that of Cornehill , which is meerely moderne . But this Arch-Bishoprick being brought to nothing by the Saxons , Sebert the first christned King of Essex , erected here a Church , where the former was , and dedicated it unto Saint Peter , as was that before , which standing Westward of Saint Pauls , was by the common people commonly called Westminster . This Temple of King Seberts , being in tract of time growne ruinous , and almost de●erted , Edward the Confessour againe rebuilt , and liberally endowed , and stored with Monkes , by him removed hither from Exeter . After King Henry 3. taking downe the fabrick of the Confessour , erected it as now it standeth ; save that the Abbats much enlarged it towards the West , and that King Henry 7. built that most goodly Chappell at the East end thereof . The Abbats here had Archiepiscopall jurisdiction within their liberties , and had the keeping of the Regalia , and a chiefe service in the Coronation of the Kings of England , and place in Parliament : in all which rights , save that of Parliament , the Deanes now succeed them For when this Monastery ( which at the suppression was valued at 3977. li. ) was dissolved by King Henry 8. first he erected here a Deanrie , Anno 1539. then added to the Deane a Bishop , Anno 1541. Thi●leby the Bishop , having delapidated all the Patrimo ny to his See allotted ; and robbed S. Peter to pay Paul , as the saying is , was removed to Norwich , and so the Bishoprick determined ; having continued nine yeeres onely : and Middlesex , which was the Diocese thereof , was restored to London . Queene Mary afterwards brought in an Abbat , and her foundation being dissolved by Queene Elizabeth , the made it a Collegiate Church , consisting of a Deane and 12. Prebendaries , as it still continues . The Bishop , Deanes , and Abbat of Westminster . A Ch.     1539 1 Gul. Benson , the last Abbat , and first Deane . 1541 2 Thomas Thirleby , the one , and onely Bishop of Westminster , tr . to Norwich . 1550. 3 Richard Coxe Deane , after Bishop of Ely. 1553 4 Hugh Weston Deane . 1556 5 John Fechnam Abbat . 1560 6 Gul. Bill Deane . 1561 7 Gabriel Goodman . 1601 8 Lancelo● Andrewes , after Bishop of Chichester , &c. 1605 9 Richard Neyle , after Bishop of Rochester , &c. 1610 10 George Monteine , after Bishop of Lincoln , &c. 1617 11 Robert Tonsou , after Bishop of Sarum . 1620 12 John Williams , Lord Keeper Bishop of Lincoln , and Deane of Westminster . 1641. WINCHESTER , and the Bishops there . THe Bishoprick of Winchester ( Wintoniensis in the Latine ) is of good antiquity ; and never changed the See since the first foundation , as all the rest have done in the South-West parts . The City once the Regal seat of the West - Saxon Kings . The Cathedrall Church first founded and endowed by Kingil , or Kinegilsus , the first Christian K. of West-Sax : who gave unto it all the land within seven miles of Winchester . Kinelwalchin , son unto this Kingil , went forwards with his fathers fabricke , ratified his donation , and added to it amongst other things , the Manors of Alresford , Downten , and Worthy . The Church now standing was begun by Bishop Walkelin , the worke pursued by his successors , but yet not finished till the time of William de Wickham , who built the greatest part of the West end thereof . The Chappels on the East end beyond the Quire , had their severall founders . The whole Church dedicated first unto Saint Amphibalus , then to Saint Peter , after unto Saint Swithin , once Bishop here ; and last of all unto the blessed Trinity , as it still continues . The Bishops here are Chancellours to the See of Canterbury , and Prelates of the most noble order of Saint George , called the Garter : which office was first vested in them by King Edward 3. at the first foundation of that Order , and hath continued to them even since . They were reputed anciently to be Earles of Southampton ; and are so stiled in the new Statutes of the Garter , made by Henry 8. but that now otherwise disposed of . Finally what for priviledge , and what for large possessions it was prized so high , that Henry of Bloys , ( he was the brother of King Stephen ) once Bishop here , had got a faculty from the Pope , to make it an Arch Bishops See ▪ seven of the Suffragans of Cante●bury , being allotted thereunto . And William de Edington , one of the Bishops of this Church , being elected unto Cante●bury , re●used it , saying , though Canterbury had the highest rack , yet Winchester had the deep●st manger . The Diocese hereof contained of old , the Counties of S●rrey , and Sou●hampton , and the Isle of Wight : to which was added in Qu. Elizabeths time , the Islles of Iarsey , Garnsey , Sack , and Alderney , once members of the Bishoprick of Constance in Norma●dy . Of these the English Isle and Counties containe 362. Parishes , of which , 131. impropriate : the Isle of Iarsey , 121. and Garnsey with the other two , as many more . For government of the English part there are two Arch-Deachns , the one of Winchester ; and the other of Surrey : Iar●●y is governed by a Deane or Commissary , according to the manner of the English Church ; and Garnsey with the Isles appendant , follow the fashions of Geneva . The Bishoprick was anciently valued in the Kings books , 3885 li. 3. s. 3. d. ob . q. now at , 2793. li. 4. s. 2. d. qa. q. lesse by a thousand pounds then before it was : which plainely sheweth that there hath beene a great abatement of the old revenue ; The tenth of the Clergy amounteth unto , 846. li. 12. d. Finally , this See hath yeelded to the Church seven Saints , and to Rome , two Cardinals ; to England , one Lord Chiefe Justice , sixe Lord Chancellours , two Lord Treasurers , one Lord Privie Seale , one Chancellour of the University of Oxford , another of the Exchequer , and 21. Prelates of the Garter , whose names are to be found among●t these following . Bishops of Winton . A. Ch.       1 Wina .   2 Eleutherius . 673 3 S. Headda . 704 4 Daniel . 744 5 Humfridus . 756 6 Kinchardus .   7 Hathelmardus , tr . to Cant.   8 Egbardus .   9 Dudda .   10 Kinebertus .   11 Alhmundus .   12 Wighthenius .   13 Herefridus . 834 14 Edmundus . 15 Helmstanus . 837 16 S. Swithinus . L. Chan. 863 17 Adhferthus . 871 18 Dumbertus . 879 19 Denewulfus .   20 S. Athelmus , alias Bertulfus , 905 21 S. Frithstanus . 931 22 Brinstanus . 946 23 Elpheus Calvus .   24 Elssinus , alias Alf●us . 958 25 Brithelmus . 963 26 S. Ethelwoldus . 984 27 S. Elphegus . 1006 28 Kenulphus . 1008 29 S. Brithwoldus . 1015 30 Elsmus . 1038 31 Alwinus . 1043 32 Stigandus , tr . to Cant. 1070 33 Walkelinus . Vacat sedes , Annos 10. 1107 34 Gul. Giffard . 1129 35 Henricus Blesensis . * Vacat sedes , Annos 3. 1174 36 Richard Toclivius . 1189 37 Godfr . de Lucy . 1204 38 Petr. de Rupibus , L. Ch. Justice . 1243 39 Gul. de Ralegh . 1249 40 Ethelmarus . Vacat sedes , Annos 4. 1265 41 John Oxon. 1268 42 Nicolas Eliensis . 1280 43 John de Pontisara . 1304 44 Henry Woodlock . 1316 45 John Sandal , Chan. of the Exch. L. Chan. and L. Treas . 1320 46 Reginald Asserius . 1323 47 John Stratford , L. Chan. L. Treas . tr . to Cant. 1333 48 Adam de Orlton . 1345 49 Gul. de Edingdon , L. Treas . and the first Prelate of the Garter . 1365 50 Will. de Wickham , L. Chan. 1405 51 Henry Beaufort , Card. L. Ch. * 1447 52 Will. de Waniflete , L. Ch. 1486 53 Peter Courtney . * 1493 54 Tho. Langton . 1502 55 Rich. Foxe , L. Privie Seale . 1530 56 Tho. Wolsey , Card. L. Chan. 1534 57 Stephen Gardiner , displaced , 1549. 1550 58 John Poynet , who being removed , Bishop Gardiner was restored , 1553. and made L. Ch. 1556 59 John White . 1560 60 Robert Horne . 1580 61 John Watson . 1584 62 Thomas Cowper . 1595 63 Will. Wickham . 1595 64 Will. Daye . 1596 65 Tho. Bilson . 1617 66 James Montagu , Deane of the Chap. 1618 67 Lancel . Andrewes , Deane of the Chap. 1628 68 Rich. Neyle , tr . to Yorke . 1632 69 Walt. Curle , now Bishop of Winton , Prelate of the Garter , and Bishop Almoner , 1641. WORCESTER , and the Bishops there . THe Bishoprick of Worcester , ( Wigorniensis in the Latine ) was founded by Etheldred , King of the Mercians , Anno 679. and taken out of the Diocese of Lichfeild , of which first it was . The Cathedrall Church here , by him also built ; but afterwards repaired , or new built rather by severall Bishops of this See. Oswald the eighteenth Bishop here did first undertake it , and casting out the married Priests , first brought in the Monkes , Anno 96● . but his foundation being ruined by the Danes , the Church was brought to that perfection wherein now it standeth , by Bishop Wulstan , about the yeere 1030. Since when it ha●h enjoyed a flourishing and faire estate : and ( which is very rare ) can hardly make complaint of any vacancie : save that on the exauctoration of Bishop Heath , it was assigned over in Commendam to Master Hooper then Bishop of Gloucester . But it held not long . This Diocese containeth in it the County of Worce●ter , and part of Warwickshire : and therein ●41 . Parishes , of which 71. impropriate ▪ for these there is but one Arch-Deacon , which is called of Worcester . Valued it is in the Kings bookes , 1049. li. 17. s. 3. d. ob . q the Clergy paying for their tenth , 228. li. In point of honour it may pleade thus much , that in the flourishing times of the See of Canterbury , the Bishops here were the peculiar Chaplaines of the Metropolitans : and by their Office to say Masse in all assemblies of the Clergy , wherein he was present . As also that it hath yeelded to the Church foure Saints ; five Chancellours to the Realme of England , and one to Normandy ; Lord Treasurers three , one Chancellour to the Queen then being ; one L. President of Wales , and one Vice-President : whom , with the residue of the Bishops , take here in order . Bishops of Worcester . A. Ch.     679 1 Boselus , first Bishop of W●rcest .   2 Ostforus . 693 3 S. Egwinus . 714 4 Wilfridus . 717 5 Milredus .   6 Weremundus . 778 7 Tilherus . 781 8 Eathoredus . 799 9 Denebertus . 822 10 Eadbertus . 844 11 Alwinus . 872 12 Werefridus . 911 13 Wilfreth . 915 14 Ethelhunus . 922 15 Wilfreth . II. 929 16 Kinewoldus .   17 S. Dunstanus , tr . to London . 950 18 S. Oswaldus . 971 19 Adulfus .   20 Wulfstanus .   21 Leossius . 1033 22 Britteagus . 1038 23 Livingus . 1049 24 Aldredus . 1060 25 S. Wulfstanus . 1097 26 Sampson . 1115 27 Theolphus . 1125 28 Simon , Chan. to Qu. 〈◊〉 .   29 Aluredus .   30 John Pagham .   31 Rogerus . 1181 32 Baldwinus , tr . to Cant. 1189 33 Gul. de Northale . 1191 34 Robertus .   35 Henricus . 1196 36 John de Constantiis . 1200 37 Maugerus . 1212 38 Walt. Grey , L. Ch. tr . to Yorke . 1216 39 Silvester . 1218 40 Gul. de Bloys . 1237 41 Walt. de Cantilupe . * 1268 42 Nich. de Ely , L. Chan. translated to Wint. 1269 43 Godsr . Giffard , L. Chan. 1302 44 Gul. de Gainsburgh . 1308 45 Walt. Reynold , L. Chan. and L. Treas . tr . to Cant. 1313 46 Walt. Maydestone . 1317 47 Thomas Cobbam . 1327 48 Adam de Orlton , tr . to Wint. 1333 49 Simon de Montacute . * 1337 50 Tho. Hennyhall . 1342 51 Wulstan de Brandford . 1349 52 Joh. Thursby , L. Ch. tr . to Yorke . 1352 53 Reginald Brian . 1362 54 Joh Barnet , L. Treas . tr . to Welles . 1363 55 Gul. Wittlesey , tr . to Cant. 1368 56 Gul. de Lynne . 1375 57 Henry de Wakefeild , L. Treas . 1395 58 Tideman de Winchcomb . 1401 59 Rich. Clifford , tr . to London . 1407 60 Tho. Peve●ell . 1419 61 Phil. Morgan , Chan. of Normandy , tr . to Ely. 1426 62 Tho. Polton . 1435 63 Tho. Bourchier . , tr . to Ely. * 1443 64 John Carpenter . 1476 65 John Alcock , L. Chan. tr . to Ely. 1487 66 Robert Morton . 1497 67 John Gigles . 14●9 68 Silvester Gigles . 1521 69 Juliu● de Medices , after Pope Cle●ent the 8. * 1522 70 Hieron . de Nugutiis , an Italian . 1535 71 Hugh La●●mer . 1539 72 John Bell. 1543 73 Nico● ▪ Heath , displaced by King Edward 6. and the See put over in 〈◊〉 to Master Hooper Bishop of Glocester , but restored after by Queene Mary , 〈…〉 L. pres . of Wales , tr . to Yorke . 1554 74 Richard Pates . 1599 75 Nich. Bullingham . 1576 76 John Whi●gift , Vice-President of Wales , for Sir H. Sidney , transl . to Canterbu●y . 1584 77 Edm. Freake . 1593 78 Rich. Fletcher , tr . to London . 1596 79 Tho. Bilson , tr . to Winton . 1597 80 Gervase Babington . 1610 81 Henry Parry . 1617 82 John Thornborough , now Bishop of Worcester . 1641. THE SECOND PART OF THE CATALOGVE OF BISHOPS , CONTAINING THE SVCCESSION of the Arch-Bishops and Bishops of the Province of YORKE . Printed at London . 1641. YORKE , and the Arch-Bishops there . YORKE is the ancientest Metropolitan See at this time in England , so made at the first generall admittance of the Gospel in the time of Luctus ; the first Arch-Bishop by him here established , named Sampson , and he who held out last in the Britons time , being called Tadiacus . We have a constat onely of two more , viz ▪ Taurinus , and Pyrannus : of all the rest no name , or memory to be found amongst our writers . On the conversion of the Saxons , this See was by Pope Gregory designed to its former honour : which not long after took e●●ect , when as Paulinus was made Arch-Bishop of Yo●ke , Anno 622. In which designment of the said Pope Gregory , the Metropolitan of Yorke , was to have as many Suffragan Bishops , as he of London ( for there the See was to be placed by Pope Gregories order ) to either of them twelve apeece , which if they ever were erected in this Northerne Province , were certainly of meane estate , not able to support the honour ; and consequently , swallowed up by the greater Churches of Yorke and Durham : which two were onely left here a long time together untill Carlile first was made a Bishopricke by K. Henry the first ; as Chester afterwards by K. Henry 8. But that which was the greatest addition to the Province of Yorke , was the direct and Metropolitan jurisdiction which it claimed and had over all the Bishops of Scotland , who did from hence receive their con●ecration , and swore Canonicall obedience unto this See. In this regard , and that it was conceived that by Pope Gregories institution , he of the two Arch-Bishops which was first confirmed , should have precedencie over the other : there grew a great contention there abouts , betweene them , and much recourse was made to the Court of Rome . At last it was determined in favour of the See of Canterbury : yet so that still it might he lawfull to the Arch-Bishop of Yorke to write himselfe Prim●te of England ; as the other taking to himselfe the stile of Primate of all England , as it still continueth . The next misfortune which besell the See and Metropolitan of Yorke , was that the Bishops of Scotland did in fine withdraw themselves from his obedience , and had Arch-Bishops of their owne . This hapned whilest George Nevill was Arch-Bishop here , who was advanced unto this See , An. 1466. not above ninescore yeeres agoe : and then upon pretence , that in consideration of the many and most deadly warres betweene both Realmes , the Metropolitan of Yorke could beare no fatherly affection to his sonnes of Scotland . However the Archbishop still retaines his●wonted place , having precedencie before all Dukes , not being of the royall bloud ; as also before all the great Officers of state , except the Lord Chancellour . For the Cathedrall Church of Yorke , it was first built , or begun rather , by King Edwyn , King of the North-Humbers , Anno 627. but finished by King Oswald who succeeded him , and dedicated to Saint Peter . But this of their foundation being destroyed by fire , and by the fury of the Danes , at the first entrance of the Normans : that which now standeth was erected in the place thereof by Arch-Bishop Thomas ( the 25. of this See ; ) and after , by degrees , adorned and beautified by his successors . The Diocese hereto belonging , containeth in it the two Counties of Yorke and Nottingham : and in them both 581 Parishes , of which 336. are impropriations . For government whereof , it hath foure Arch-Deacons , viz. of Yorke , Cleveland , East-riding , and Nottingham . This Bishoprick was at the first rated in the Kings bookes , 2035. li. 14. s. 6. d. but now , since the great diminution made by King Henry 8. 1609. li. 19. s. 2. d. And for the Clergy of the same , their tenth amounteth unto 1113. li. 17. s. 9. d. ob . q. To draw unto an end , this See hath yeelded to the Church eight Saints , to the Church of Rome three Ca●dinals , unto the Realme of England twelve LL. Chancellours , and two LL. Treasurers , and to the North of England two Lord Presidents . The Bishops write themselves in Latine , Eboraunses , of Eborum , and are these that follow . Arch-Bishops of Yorke . A. Ch.     622 1 S. Paulinus , died 644. Vacat Annos 20. 666 2 Cedda .   3 Wilfridus .   4 S. Bosa . 687 5 S. John of Beverley . 718 6 S. Wilfridus . II. 731 7 S. Egber●us . 767 8 Adelbertus . 781 9 Eanbaldus . 797 10 Eanbaldus . II.   11 Wolsius . 832 12 Wimundus . 854 13 Wil●erus . 897 14 Ethelbaldus .   15 Lodewardus .   16 Wulf●tanus . 955 17 Oskitellus . 972 18 Athelwaldus . 972 19 S. Oswaldus . 993 20 Aldulphus . 1003 21 Wulfstanus . II. 1023 22 Alfricus . 1050 23 Kinsius . 1061 24 Aldredus . 1070 25 Thomas . I. 1101 26 Girardus . 1109 27 Thomas . II. 1119 28 Thurstan . 1141 29 Henry Murdac . 1153 30 S. Gulielmus . 1154 31 Rogerus . Vacat sedes Annos 10. 1191 32 Geofr . Plantagenet , L. C●an . * Vacat sedes Annos 4. 1217 33 Walter Grey , L. Chan. 1256 34 S. S●wa●u● . 1258 35 ●od●●ey ●e Kinton . 1265 36 Walter ●iffard , L. Chan. 1279 37 Gul. Wickwane . 1285 38 John Romanus . 1288 39 Henry de Newark . 1299 40 Tho. Corbridge . 1305 41 Gul. de Greenfeild , L. Chan. 1317 42 Gul. de Melton , L. Ch. & L. Treas . 1342 43 Gul. Zouche , L. Treas . * 1352 44 John Thursby , L. Chan. 1373 45 Alexander Nevill . 1388 46 Tho Arundel . L. Chan. tr . to Cant. * 1396 47 Robert Waldby . 1397 48 Richard Scrope . * 1406 49 Henry Bowet . 1425 50 John Kemp , L. Chan. tr . to Cant. 1453 51 Gul. Boothe . 1466 52 George Nevill , L. Chan. * 1477 53 Lawrence Boothe 1480 54 Thomas Rotheram , L. Chan. 1501 55 Thomas Savage . 1508 56 Christopher Bambridge , Card. 1515 57 Thomas Wolsey , Card. L. Chan. 1531 58 Edward Lee. 1544 59 Robert Holgate , Lord Pres. of the North. 1553 60 Nicolas Heath , L. Chan. 1560 61 Tho. Young , L. Pres. of the North. 1570 62 Edm. Grindall . tr . to Cant. 1576 63 Edwyn Sandys . 1588 64 John Piers. 1594 65 Matthew Hutton . 1606 66 Tobias Matthewes . 1627 67 George Monteine . 1628 68 Sam. Harsnet . 1631 69 Richard Neyle , who died Octob. 31. 1640. CARLILE , and the Bishops there . THe most of that which doth now make the Diocese of Carl●●e , was in the infancie of the English Church , as I conceive it , part of the Diocese of Whit herne , or Casa Candida , in the Province of Galloway : now reckoned as a part of Scotland , but then a parcell of the Kingdome of the North-Humbers . But when the Scots had mastred all those countries beyond Tweede and Solway , the towne of Carlile , with the County of Cumberland , in the which it standeth , were severed from that Diocese : Carlile , with 15. miles about it being bestowed upon S. Cutbert , Bishop of Lindisfarne , by Egfride , King of the North-Humbers , Anno 679 ; the residue of the Countty submitting to the jurisdiction of the Arch-Deacon of Richmond , then being subordinate the See of Yorke . Thus it contin●ed till the yeere 1133. what time a Bishops See was here first established : and by that meanes , another Suffragan Bishop ●dded to that Metropolitan . The Cathedrall Church he●e had beene founded not long before , by Walter , Deputy of these parts for King William Rufus ; and by him dedicated to the honour of the blessed Virgin but finished and endowed by King Henry the first , out of that wealth which the said Walter had amassed for that very purpose , by the perswasion of Athulphus or Athelwolfus , whom aft●rwards hee made the first Bishop there . The Diocese containes the County of Westmorland , and most part of Cumberland ; and therein onely 93. Parishes , but those ( as all the Northerne are ) exceeding large ; and of them 18. are impropriate . Arch-Deacon here was never any , the jurisdiction being claimed by him of Richmo●d , as anciently to him belonging . The Bishoprick is valued in the Kings bookes 530 li. 4. s. 11. d. ob . the Clergies tenth amounting onely unto 161. li. 1 s. 7. d. ob . And yet this little See , and so farre remote , hath yeelde● to this Kingdome one Chancellour , and two LL. Treasurers , besides three Chancellours unto the University of Cambridge . Bishops of Carlile . A. Ch.     1133 1 Athelwolsus , or Athelwardus .   2 Bernardus died Anno 1186. Vacat sedes Ann. 32. 1218 3 Hugo . 1223 4 Walt. Mau-Clerke , L. Treas . 1247 5 Silvester de Everdon , L. Chan. 1255 6 Tho. Vipont . * 1258 7 Rob. Chause . 1280 8 Rad de Ireton . 1288 9 John de Halton . 1318 10 John de Rosse . 1332 11 John de Kirkby . 1353 12 Gilbert de Welton . 1363 13 Tho. de Appleby . 1396 14 Robert Reade . 1397 15 Tho. Merkes . 1400 16 Gul. Strickland . 1419 17 Roger Whelpdale . 1423 18 Will. Barrowe . 1430 19 Marm. Lumley , L. Ch and Ch. Ca. * 1450 20 Nith . Close , tr . to Lich. 1452 21 Gul. Percy , Chan. of Camb. * 1362 22 John Kingscore . 1464 23 Richard Scrope . * 1468 24 Edw. Storey Ch. of Camb. 1478 25 Rich. Dunelmensis . 1496 26 Gul. Sever , tr . to Durham . 1503 27 Roger Leibourne . 1504 28 John Penny. 1520 29 John Kite . 1537 30 Robert Aldrich . 1356 31 Owen Ogilthorpe . 1561 32 John Best . 1570 33 Rich. Barnes , tr . to Durham . 1577 34 John Mey . 1598 35 Henry Robinson . 1616 36 Robert Snowdon . 1620 37 Rich. Milborne . 1624 38 Rich. Senhouse . 1628 39 Francis White , tr . to Norwich . 1629 40 Barnabas Potter , now Bishop of Carlile . 1641. CHESTER , and the Bishops there . THe Bishoprick of Chester , as it is here to be considered , is of new erection , one of those founded by King Henry 8. whereof we spake before when we were in Bristol . Anci●ntly it was in the Diocese of Lichfeild , one of the Bishops of which Church , removing his See hither , Anno 1075. as to the more remarkable and noted place ; occasioned that his successours many times were called Bishops of Chester . But being severed from that Diocese by King Henry 8. it was erected into an Episcopall See , made up of the revenue and jurisdiction of the two Arch-Deaconries of Richmond and Chester : of which the first had jurisdiction over Richmondshire , and part of Cumberland ; the other over Lanca-shire and Chest-shire . It was at first ●oundation ordained to be of the Province of Canterbury ; and that in the letters Patents of the ●oundation of the same ▪ 33. H. 8. But the King taking into minde , as well the long distance of the same from the See of Canterbury , as also that the Arch Bishop of Canterbury had a sufficient number of Suffragans before , whereas the Arch-Bishop of Yorke had but onely two : did in the Ianuary following , by Act of Parliament , annex the same for ever to the Province of Yorke . 33. H. 8. c. 31. The Cathedrall Church here was once a Monastery , founded by Leofricus , once an Officiary Count , in these parts ; and by him dedicated to Saint Wereberg : but repaired , beautified , endowed , and stored with Monkes by H●gh , sirnamed Lupus , the first Earle of Chester . These Monkes being ejected by King Hen●● 8. he brought into their place a Deane and Prebendaries : and made it of a Monastery , a See Episcopall : Whose Diocese containeth , in the Counties before remembred , 256 ▪ Parishes , of which 101. are impropriations . The Bishoprick is valued in the Kings bookes , 42● . li. 1. s. 8. d. and for a tenth unto the Crowne , the Clergy pay the yeerely summe of 435. s. 12. The Bishops of Chester . A. Ch.     1541 1 John Bird , removed hither from Bangor . 1556 2 John Cotes . 1556 3 Cuthbert Scott . 1561 4 William Downeham . 1579 5 William Chadderton , tr . to Lincoln . 1595 6 Hugh Biller . 1597 7 Ri●h . Vaughan , tr . to London . 1604 8 George Lloyde . 1616 9 Tho. Morton , tr . to Lichfeild . 1618 10 John Bridgeman , now Bishop of Chester . 1641. DURHAM , and the Bishops there . THe Bishops See now fixed in Durham , was first placed in Lind●●arne , a little Iland on the Sea-coast of Northumberland : and there placed by the first Bishops of this Northerne region , because of the primacie and solitude thereof , which made it thought more fit and proper for devotion . But both the Bishop and his Monkes being driven from thence , by the mercilesse furie of the Danes , ( who here raged extremely ) about the yeere of Christ , 800. they wandred up and downe from place to place for 200. yeeres , not finding any place where they might repose themselves in safety , till in the end they sate them downe in Durham , Anno 990. or there abouts , where it hath ever since continued . The Church here dedicated to Saint Cuthbert , the 6. Bishop of Lindisfarne , a man of speciall renowne for piety ; whose reliques the said Bishops carried up and downe with them in all their wandrings : till at the last they were deposited in this Church , as in a place of rest and safety . The founder of it , that Aldwinus , by whom the See was fi●st here setled . But his foundation being taken downe by William de Carileso , about the first entrance of the Nor●ans : that which now standeth was begun by him in the place thereof ; and finished by Ranulphus Flambard , his next successour . Somewhat hath since beene added to it by Bishop Fernham , and Thomas Weiscomb Pri●ur h●reof , about the yeere 1242. Nor did Saint Cu●hbert onely give name unto the Church , but also unto all that countrey , which now we call the Bishopricke of Durham , and anciently was called Saint Cuthberts Patrimony . For upon 〈◊〉 , and his successours in that See , was all the countrey betweene Tois and Tine , conferred by Alfred King of England : which his donation was confirmed , and in part increased by his successours , Edward , Athelstan , and C●ute the Dane . So fortified it was with priviledges , and royall grants , that at the comming in of the Norman Conquerer , the Bishop was reputed for a County Palatine : and did engrave upon his Seal an armed Chivalier , holding a naked sword in one hand , and in the other the Bishops armes . Nay it was once adjudged in law , that the Bishop was to have all forfeitures & Escheates within the liberties , ut Rex habet extra , as the King of England had without . But these immunities and priviledges were in part impaired by the Statute of King Henry 8. 27. H. 8. c. 25. and altogether with the lands and whole rights thereof , conferred upon the Crowne by Act of Parliament , in the last yeere of the ●aigne of King Edward 6. But in the second Parliam . of Qu. Maries reigne , that Act was totally repealed , and a reviver made of the said late dissolved Bishop● ▪ and all the royalties therof , 1. Mar. c. 6. As for the Ecclesiasticall jurisdiction , the Diocese thereof containeth the County of Northumberland , and that which properly and distinctly is entituled the Bishopricke of Durham : each of the which hath an Arch-Deacon of its owne ; in both , 135. Parishes , whereof 87. impropriate : the Clergy of the which pay for their tenth unto the Crowne , 385. li. 5. s. 6. d. ob . the Bishopricke being valued in the first fruit Office , 1821. li. 1. s. 5. d. qa . The Bishops of this Church doe write them selves in Latine Dunelmenses ; of which five have beene dignified with the name of Saints ; one with the Patriarchate of Hierusalem , and one with the title of a Cardinall in the Church of Rome . There have been also of them , one Lord Chiefe Justice , five LL. Chancellours , three LL. Treasurers , one principall Secretary of Estate , one Chancellour of the University of Oxford , and two Masters of the Rolls . Which wee will now lay downe in order , even the whole succession , beginning with those who had their See and habitation in the Isle of Lindisfarne . Bishops of Lindisfarne . A. Ch.     637 1 S. Ardanus . 651 2 S. Finanus . 661 3 Colmannus . 664 4 Tuda . 665 5 S. Ea●a . 684 6 S. Cuthbertus . 687 7 S. Eadbertus . 698 8 Egbertus . 721 9 Ethelwoldus . 738 10 Kenulfus . 781 11 Higbaldus . 802 12 Egbertus . II 819 13 Egfridus . 845 14 Eanbertus . 854 15 Eardulfus .   16 Cuthardus . 915 17 Tilredus . 927 18 Witherdus . 944 19 Uhtredus .   20 Sexhelmus .   21 Aldredus . 968 22 Alfius , alias Elfinus . 990 23 Aldwinus , who first setled the See at Durham , from whence both hee and his successors have beene ●●●led Bishops of Durham . 1020 24 Eadmundus . 1048 25 Eadredus . 1049 26 Elgelricus .   27 Egelwinus . 1071 28 Walcher , Earle of Northu●b . 1080 29 Gul. de Carileso , L. Ch. Justice Vacat sedes Annos 4. 1099 30 Ranulfus Flamhard , L. Treas . 1128 31 Galfredus Rufus , L. Chan. 1143 32 Gul. de S. Barbara . 1154 33 Hugh Pudsey , E. of Northomb . * 1197 34 Philip de Pictavia . 1217 35 Rich. de Marisco . 1228 36 Rich. Poore . 1241 37 Nich. de Fernham . 1250 38 Walt. de Kirkham . 1260 39 Rob. Stitchell . 1274 40 Rob. de Insula . 1283 41 Ant. Beck , Patriark of Hierusalem . 1311 42 Rich. Kellowe . 1317 43 Ludowick Beaumont . * 1333 44 Rich. de Bury , L. Ch and L. Treas . 1345 45 Tho. Hatfeild , princ . Secretary . 1381 46 John Fordham , L. Tr. tr . to ●●ly . 1388 47 Walt. Ski●lawe . 1406 48 Tho. Langley , Card. L. Ch. 1438 49 Rob. Nevill . * 1457 50 Lawrence Boothe , L. Chan. 1476 51 Gul. Dudley . * 1383 52 John Sherwood . 1494 53 Rich. Foxe , tr . to Winton . 1502 54 Gul. Sevier , Chan. of Oxford . 1507 55 Chr. Bambridge , Master of the Rolls tr . to Yorke . 1508 56 Tho. Ruthall . 1523 57 Tho. Wolsey , then 〈…〉 of Yorke . 1530 58 Cuthbert Tunstall 〈…〉 Rolls . 1360 59 James Pilking 1577 60 Rich. 〈…〉 Vacat sedes Annos 2. 1589 61 Ma●●h . Hu●●on , tr . to Yorke . 1594 62 Tobias Matthew , tr . to Yorke . 1606 63 Gul. James . 1617 64 Rich. Neyle , tr . to Winton . 1628 65 John Howson . 1632 66 Tho. Morton , now Bishop of Durham . Anno 1641. HEXAM , and the Bishops there . THe Bishoprick of Hexam , Hagul●●ad , or Hextold , was founded in the infancie of the Saxon Church . The seate thereof called by the old La●ines Axel●dunum , by Be●a Hagulstadiensis ; by us now Hexam : the first who had the name of Bishop there being S. Eata , the fifth Bishop of Lindisfarne . Ten Bishops it enjoyed successively , and then by reason of the spoyle and ravin of the Danes , it discontinued : the jurisdiction of it being added to the See of Yorke From this time forwards , Hexamshire was held to be a fee of that Arch-Bishoprick , and had reputation of a County Palatine : but taken from that See by K. H. 8. ( of which consult the Statute , 37. H. 8. c. 16 ) and by authority of Parliament united to the County of Northumb. Now for the Bishops of this Hexam , they are these that follow . A. Ch.     655 1 S. Eata , Bishop of Lindisfarne . 685 2 S. John of Beverley , tr . to Yorke . 709 3 S. Acca . 734 4 Frithebertus . 769 5 Alhmundus .   6 Tilherus . 789 7 Ethelbertus . 787 8 Heandredus . 809 9 Eanbertus .   10 Tidferthus , the last Bish ▪ of Hexam . MAN , and the Bishops there . TOuching the Isle of Man , we have spoke already in our first Table . The Bishoprick here of was first erected by Pope Gregory , of that name the fourth , and for its Diocese had this Isle , and all the Hebrides , or Westerne Ilands a●ent Scotland . The Bishop hath his seate in Russin , or Casletowne , as now we call it ; and in the Latine is entituled Sodo●ensis But wh●n this Isle was made a member of the English Empire , the Westerne Isles withdrew themselves from the obedience of their Bishop , and had a Bishop of their own , whom they entitle also Sodorensis , but commonly , Bishop of the Isles . The Patronage of the Bishoprick , was given together with the Iland , by K. H. 4. unto the Stanleys , who still keep it : and on the vacancie thereof they nominate their designed Bishop unto the King , who having given his Royall assent , dismisseth him to the Arch-Bishop of Yorke for his consecration . This is perhaps the reason why the Bish. of Man , is no Lord of Parliament , because not at the Kings disposing : none having suffrage in that house , but those that hold immediately of the King himselfe ; nor is it reason that they should . Whether the Bishop of this Isle was anciently a Su●●ragan to the See of Yorke , I can hardly say . I finde ordered in the Act of Parliament , 33. H. 8. c. 31. wherein the Bishoprick of Chester was made a member of that Province ; that that of Man should be reputed of it also : which may perhaps perswade one , that it was otherwise before . The Diocese hereof containeth onely 17 Parishes , of the which five are Market Townes ; the rest Villages , the people of them all , being very conformable unto the rites and ceremonies of the Church of England . Now for the Bishops of this See , I can meete with few : and therefore . shall desire those who are more conversant in the businesse of this Isle , to supply this want , and make a perfect catalogue of the Bishops of Man , out of the fragments here ensuing . Bishops of Man.   ✚ ✚ ✚ A. Ch.     Michael , Bishop of Man. 1203 Nicolas . 1217 Reginald . 1257 Richard , Bishop of Man , dedicated the Church of S. Maries in Russin .   ✚ ✚ ✚   He●●● Mann , who died , Anno 1556 ,   John Merick .   George Lloyd , removed to Chester , An.   1604.   Forster .   Parry , now Bishop of Man , 1641. THE THIRD TABLE , OR , A CATALOGVE OF All the Dukes , Marquesses , and Earles , which have been in England since the first entrance of the NORMANS . TOGETHER With the honourary Offices which they , or any of 〈◊〉 have enjoyed in their severall times . The Preface to the ensuing Catalogne of Dukes , Marquesses , and Earles . THe Kings of England as they are the fountaine of all authority and jurisdiction in their owne Dominions : so are they the foun●aine also of all civill honour ; which they dispose of and dispence , as to them seemes best . King● have so much of God in them , whose Deputies they are on earth , as many times where they finde merit and desert , to raise the poore out of the dust , that they may set them with the Princes , even with the Princes of their people . Now for their honourary attributes , which by our Kings have beene conferred upon their Subjects ; the ancientest are those of Earle and Baron : the Kings of England , of the Norman race , not giving unto any the stile of Duke , untill that Edw. the third , created his sonne Edward the black Prince , Duke of Cornwall , Anno 1336. As for the title of Marquesse , that was made honourary by King Richard the second , who first created his great favourite , Robert de Vere , then Earle of Oxford , Marquesse of Dublyn : as afterwards he made his Cosen German , Iohn de Bausort , one of the sonnes of Iohn of Gaunt , by Katherine Swinfort , then Earle of Somerset , the first Marquesse Dorset . But that of Earles hath beene as ancient in this Kingdome , as the line of Normandy . William the Conqu●r●r advancing many to that honour at his first en●●ance on this State , both to reward them for their service , and oblige them to him . Of which ranke were the Earles of Arund●ll , Chester , Cornwall , Kent , Oxford , with some others , Anno 1067. being the next yeere after he attained the Kingdome . Which with the other Earles of ancient creation , were commonly endowed de tertio denario placitorum Comitatus , with the third penny of the pleas of that County wherof they were Earles the other two parts being accompted by the Sheriffe ( the Vice-Comes ) into the ▪ Exchequer , for the Kings use . And though we mean to go no lower in our following Catalogue , then the stile of Earle ; yet by the way we may take notice , that Viscount here became an honourary title in the time of K. H. 6. who in the 18. of his raigne advanced Sir Iohn Beaum●nt unto that honour , and gave him place above all Barons , as Richard 2. gave his new Marquesses precedencie before all Earles . Now at the ennobling of deserving persons into these high dignities , it is , and hath beene of later times the custome of the Kings of England , to give unto them some set pension for the support of their estate : which is now generally brought unto this proportion , that Viscounts have a fee of 20. markes , Earles of 20. li. Marquesses of 40. markes , and Dukes of 40. li. assigned unto them , out of some part or other of the Kings revenues . Which bounty I observe not to have beene used in the creation of a Ba●on , excepting onely that it pleased his sacred Majesty now being , when hee created the righ● honourable Montjoy Blount ( now Earle of Newport ) L. Montjoy of Thurleston , in the County of Darby , to give unto him and his heires , a fee of 20. markes per annum ▪ which I note here , by reason of the singularity and rarenesse of it . Nor have the Kings of England beene ●●customed to frame new honourary titles , for the advancement of those men which are dear unto them : but to preferre them before others of the same honourary ranke and order ▪ Henry the sixth bearing especiall affection unto Henry Beauchamp , Earle of Warwick , first made him the prime Earle of England , or Praecomes Angliae . And when he after made him Duke of Warwick , hee ordered him to have precedencie , next after the Duke of Norfolke , and before the Duke of Buckingham . The ●ame King Henry making his halfe-brother Edmund of H●dham , Earle of Richmond , gave him the place above all Earles , and next of all unto the Dukes . Thus did King Iames of blessed memory conferre upon the Earle of N●●tingham , ( on his surrendry of the place and Office of Lord Admirall ) the seniority and precedencie of the Mowbraies , ( out of which house he was extracted ) during the life of the said Earle . And thus his sacred Majesty now being , when he created the right honourable the Vis●ount Walling ford , Earle of Banbury , gave him precedencie before all Earles , created since his Majesties happy comming to the Crowne . And in the Patent of creation of the right honourable the Lord Montjoy , 3. Can there was a clause of precedencie inserted , before all the Barons of that yeere , by which hee forthwith had the place both of the Lord Craven , and the Lord Falconbridge , though created before him . So absolute a power have our English Monarchs in the dispensing of their honours , and ma●shalling those persons whom they have advanced to these high dignities . As for the Female sex , they have no reason to complaine that they have beene neglected or omitted in the distributing of these honourary rewards and dignities : some of them having had the happinesse to taste the bounty of the Prince in the highest honours . For thus the Lady Margaret d● Brotherton , daughter of Thomas of Brotherton , Earle of Norfolke , was by King Richard the second , made Dutchesse of Norfolke , Anno 1398. And thus the Lady Anne Bullen , daughter of Thomas Earle of Wil●s , was by King Henry 8 made Marchionesse of Pembroke , Anno 1532 ▪ as was the Lady Margaret , daughter of Georg● D. of Clarence , created Countesse of Salisbury by the same King Henry ; Anno 1514 ▪ Thus also the Lady Elizabeth Finch , being by King Iames created Viscountesse M●idstone , was by our gracious Sove●a●gne Lord now being , created Countesse of Winchelsey , Anno 1628. the dignity entailed on the heires males of her body hegotten . And finally , thus was the Lady Elizabeth Richardson , wife of Sir Thomas Richardson Lord Chiefe Justice , created Baronesse Cramont , by his Majesty now re●gning not to say any thing of the Lady Mary Fane Baronesse Despencer , or of the Lady Margaret Lennard , Ba●onesse Dacres of the South ; being restitutions rather then creations . Now for the method which I am to use in this following Catalogue , it shall be after the most naturall of the Alphabet ; as being of most ease and speediest use in finding what we have a minde to looke for . And in the same I shall lay downe the just successions of and in each severall title , ( premising first a brief description of the plac● denominating ) together with the yeere of Christs nativity , wherein each severall Duke , Earle , or Marquesse either succeeded in the place , or was advanced unto the same . I also shall report in briefe , on what pretext of bloud such and such men attained those honours which they have enjoyed ; If any neernesse or descent of bloud was pretended by them : and where a family breakes off , and a new comes in , that I have marked with a few crosses thus . ✚ ✚ ✚ ✚ I have observed also who and how many of each title have managed any of the great and honourary Offices in the Common-wealth : as those of Lord high Steward , Lord high Chamberlaine , Lord ●●●●table , Lord Admirall , Lord Chancellour , Lord Treasurer , Lord Chiefe Justice , or Lord Privie Seale ; together with the Lord Steward , and Lord Chamberlaine of hi● Majesties houshold , and the LL. Presidents of Yorke and Wales , and Chancellours or either o● the Universities . Such of them as have had the honour to be admitted into the Order of the Garter , I have noted with this littl●●sterisme * . And all this I have done 〈…〉 much brevity as was possible ▪ 〈◊〉 nothing in this place but a Nomenc●●tor ▪ a 〈◊〉 and naked Catalogue of names and ho●ours , for the more easie understanding of o●r English History , which was the matter which first moved me to compose 〈◊〉 Tables . As for the order of precedencie of the men themselves , that are thus dignified and advanced , as now they stand ; that is to be accounted from and by the seniority of their creations in their severall series : save that a course was tooke in Parliament , 31. H. 8. c. 10. for placing those above the rest , which were entrusted with the greatest Offices of State and Court. As , viz. that of the Lord Chancellour , or Lord Keeper , Lord Treasurer , Lord President , Lord Privie Seale , Lord Constable , Lord high Chamberlaine , Lord Admirall , Lord Marshall , together with the Lord Steward , and Lord Chamberlaine of his Majesties houshold . Which manner of precedencie being it is personall , as unto the men , and hath no reference to their place and titl●● , 〈◊〉 and 〈◊〉 with the times , according as they 〈…〉 and favour with their 〈◊〉 and Soveraign● . But for the places which have given 〈◊〉 and title to Dukes , Marquesses , or Earles ; and for the men that have beene honoured with those titles , they are th●se that follow : taking along such Lords , and Viscounts , as have , ●eene dignified with and by the selfe-same titles , and no more but those . Saint Albans . S. Albans is the fairest and the goodliest town in the County of Hertford . It arose out of the ruines of old Verulamium , a towne more strong and ancient ●arre , ( as being the strongest Fort of all the Britaines , in the time of Caesar ) though not hai●e so beautifull . It took both name , original , & Grandour , from Alban , once a Citizen of Verulamium : who suffering Martyrdome for the faith of Christ , during the persecution of Dioc●●●ian ; had first a faire Church built in memoriall of him , in that very place : or if you will , Ecclesia mirandi operis , atque ejus martyrio condigna , in the Authors language . ( Bedae hist. lib. 1. c. 7 ) . But this Church and towne of Verulam being both destroyed , in those fierce warres , which were betweene the Saxons and the Britains , Offa the great and puissant K. of the Mercians , built not farre off from the old seate , a Monastery to the honour of Saint Alban ; endowed it with a great revenue , and many goodly priviledges , as well Ecclesiasticall as Temporall . This in short time , improved the Monastery into a towne : the Abbat in regard of his great possession● , and jurisdiction correspondent , drawing no ordinary con●●●ence of all sorts of people , Pope Adrian , borne at A●bats-Langley , about five miles off , added this honour to the place , that as Saint Alban was the first Martyr of the Engllsh nation : so should the Abbat have precedencie of all English Abbats . This house was valued at the suppression , at 2510. li. 6. s. 1. d. per annum ▪ and was surrendred into the hands of Sir Thomas Pope , Doctor Petre , and Master Cavendish , for the use of K. H. 8. Decemb. 5. Anno 1639. The Abby Church being a stately and magnificent fabrick is le●t standing still ▪ townesmen purchasing the same at the price of 400. li. and turning it into a Parish Church , as it now remaines . For the great battels fought about this towne , and in the very streets thereof , between the two contending houses of York and Lancaster ; I leave you to the common Chronicles . The persons which it hath ennobled , are these that follow . Viscounts and Earles . 1620 1 Francis Bacon , L. Verulam , and L. Chan. of England , created Visc. S. Albans , Jan. 18. 1628 2 Rich. de Burgh , E. of Clan-Ricard in the Kingd . of Irel ▪ creat . E. of S. Albans , Aug. 23 1636 3 Vlike de Burgh , E of S. Albans , and Clan-Ricard , now living . 1641. Anglesey . ANglesey is an Iland of North-Wales , situate over against Carna●vonshire , from which it is divided by a narrow straight : called in the Latines Mona , by the Britains Mon ; but being conquered by the English , obtained the name of Anglesey , as one would say , the Iland of the English-men . It is exceeding fruitfull both in corne and cattell , from whence the Welch are liberally stored with both : And therefore it is said proverbially , Mon mam Cymbri , that Anglesey is the mother of Wales . It was the ancient seate of the Druides , and brought with no small difficulty under the command of the Romans , by Iulius Agricola ▪ the people fighting here , ut pro aris & focis , for their religion and their gods . It containeth in it 74. Parishes , the principall wherof is named Beau●arish , being at this time the head towne of ●he shire : and Aberfraw , now an obscure and ●omely place , but anciently the Royall seate ●f the Kings of North-Wales . The persons which it hath given title to are onely these . Earles of Anglesey . ●624 1 Ch●●stop . Villiers , brother of Geo. D. of Buck. created F. of Angles . Sept. 24. ●630 2 Charles Villiers , now living . 1641. ARundell is the name of an ancient towne and Castle in the County of Sussex , pleasantly seated neare the river of Arun : whence it was called Arundale , or A●untina va●●●● , in some Latine Authors . The Castle of great fame and strength ; but farre more famous for the Lords and Earles therof , then the strength or beauty . A place in this farre different from the rest of England : the title of the Earle of Arundell , being annexed unto the Castle , honour , and signeurie of Arundell ; and going along with the possession of the same : as was adjudged in that great controversie , between Sir Iohn Fitz-Alan , being in possession of the Castle , against Iohn-Mowbray● . of Norfolke , being the right heire in the nearest degree . The Earles here of in regard that by ancient Charter they had had the ●ertium denarium , or the second penny of the Plees of Sussex ; and that they sometimes had their residence and abode in Chichester , as the chiefe City of that County : are in some old Charters ●alled Earles of Sussex ; and in some others , Earles of Chichester . That which was theirs most properly , hath stayed longest by them ▪ and is of late increased by the addition of th● titles and dignities of the Baronies of Fitz-Alan , Clun , Oswaldstree , and Mal●raver● with divers other lands , tenements , and here ditaments , annexed unto the title , name , an● dignity o● Earle of Arundell , by speciall Act 〈◊〉 Parliam . An. 3. Car. R. the noble personage which have borne this title , are these that fol●low . Earles of Arundell . 1067 1 Rog. Montgomery . 1091 2 Hugh de Montgomery . 1098 3 Rob. de Montgomery , devested of this honour , An. 1102.     ✚ ✚ ✚ ✚   4 William de Albeney . 1189 5 Will. de Albeney . 1196 6 Will. de Albeney . 1199 7 Will. de Albeney . 1224 8 Hugh de Albeney , died 1243.     ✚ ✚ ✚ 1289 9 Rich. Fitz-Alan , descended of the Lady Isabell , sister of Hugh de Albeney . 1301 10 Edm. Fitz-Alan . 1326 11 Rich. Fitz-Alan . * 1375 12 Rich. Fitz-Alan , L. Tr. & L. Adm. 1397 13 Tho. Fitz-Alan , L. Tr. died 1416. * 1434 14 John Fitz-Alan , L. Mal●ravers . * 1439 15 Will. Fitz-Alan . * 1487 16 Tho. Fitz-Alan . 1524 17 Will. Fitz-Alan . * 1543 18 Henry Fitz-Alan , Ch. of Oxford . *     ✚ ✚ ✚ 1579 19 Philip Howard , son of Tho. D. of Norfolk , & the La. Mary Fitz-Alan . 1604 20 Tho. Howard , now E. of Arund . and Surry , and E. Marshall of Engl. Anno 1641. AVmerle , or A●bemarle , is the name of a small town and territory in the Dukedome of Normandy . It belonged heretofore to Stephen , the sonne of Odo , des●●nded from the Earles of Champagne : whom William the Conquerer made Earle of Albema●le , as being the sonne of his halfe sister by the mothers side ; and gave unto him for the further maintenance of his estate , the territory of Holder●●sse in Yorkeshire . This title hee enjoyed , and left the same to his posterity , who enjoyed it also . And when his issue failed , the Kings of England honoured others with it ; though they had long since lost their estate in Normandy : the Dukes and Earles whereof , take thus in order . Dukes and Earles of Aumerle . 1095 1 Stephen , sonne of Odo , Earle of Bloys . 1128 2 Will. le Gros.     ✚ ✚ ✚ 1182 3 Will. de Magnaville , E. of Essex . Hawys daught . of Will. le Gros.     ✚ ✚ ✚ 1191 4 Will. de Fortibus . 1196 5 Will. de Fortibus . 1244 6 Will. de Fortibus . 1258 7 Tho. de Fortibus .     ✚ ✚ ✚   8 Tho. of Woodstock , D. of Gloc. *     ✚ ✚ ✚   ✚ ✚ ✚ 1378 9 Edw. Plantagenet , D. L. Adm. *     ✚ ✚ ✚ 1412 10 Tho. D. of Clarence , E. *     ✚ ✚ ✚   11 Rich. Beauchamp , E. of Warwick , created Earle of Aumerle , by King Henry . 6. BAnbury is a towne in Oxfordshire , the second both for wealth and beauty in all that County : Most famous in our common Chronicles , for the great battell there-by fought betweene the two great houses of Lancaster and Yorke : in which the victory fell to the Eare of Warwick , then chie●e of the Lancastrian party , who forthwith tooke King Edward prisoner ( of that name the fourth ) now forlorne and hopelesse . It was not long since much wasted by a devouring fire , but very well repaired and beautified ; and still is as it hath beene anciently , cas●o conficiendo notissimum , as Camden notes it , a towne much famed for the best and most delicate sort of Cheeses . It never had but one Earle , and he 1626 1 William , L. Knollys , Visc. Wallingford , created E of Banbury , Aug. 18. and died , Anno 1631. BAthe , is the fairest , and the principall City in all Somersetshire , seated in a very low Plaine , and round about environed with hils very high and steepe : from whence come many rivulets and fresh-water springs , to the great commodity of the people . But that which brings most wealth unto the place , are not the waters from without , but those waters which are within ; sending up from them much thinne vapours , and a strong sent withall ; which springs are very medicinable unto many maladies . Three of these springs there are in all , the waters of the which being received in large and fitting receptacles for the publick use ; they call the Kings Bath , the crosse Bath , and the hot Bath . From bathing in these waters , it was called the Bath ; and thence Batho●ia in the Latine : unlesse perhaps you rather thinke that bathing tooke its hint from hence ; and that this place tooke name from Badon , or mons Bado●icus , not far off , as certainely Caer Badon , the old Britain● called it . The Greeks and Latines gave it names according to the nature and condition of the waters , or the Baths there being : it being called by Ptolomee , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hot waters ; by An●oninus , ●quae solis the waters of the Sunne , on ●he selfe same reason . Of the ●aire Church here we have spoke already in our description of the Bishoprick : which being ruined amongst other Monasteries in the time of K. H. 8. hath of late times beene , as it were reedified , but certainely repaired , and beautified , and made 〈◊〉 for use , by the great costs of Bishop Montague , a late Bishop there . Earle it had none untill the time of H. 7. since it hath had divers ; whose names and times we now present you . Earles of Bathe . 1486 1 Philibert de Chandew .     ✚ ✚ ✚ 1536 2 John Bourchier , Lord Fitz-Wa●in , created E. of Bathe , by H. 8. July . 10. 1539 3 John Bourchier . 1561 4 William Bourchier .   5 Edward Bourchier . 1638 6 Henry Bourchier , now E. of Bathe , Anno 1641. BEdford is one of those three Counties which anciently were possessed by the Cattieuc●lani ▪ the Countrey indifferently well provided of all necessaries , both for foode and fewell . It taketh denomination from the chiefe town thereof , called Bedford , or in the old Saxon , Bedanford , i.e. Beds , or Innes at the Ford. A towne conveniently seated on both sides of a river which runneth through it ; well built , and populous , as having in it no lesse then five Churches . But the chiefe commendations which it hath , is for the antiquity and strength thereof ; as being a towne of no small note and consequence , Anno 572. when as Cuthwulf the Saxon vanquished the Britain● in the open feild , and became Master of the Countrey . The Castle here being counted very strong , and almost impregnable , brought no small mischeife to the place , being a peece much aimed at by all those in the former times , which either pretended to the Crown , or bate armes against it . But all the fortifications being demolished in the reigne of K. H. 3. the people have since lived in quiet : and the chiefe reputation of it now consisteth in this , that it hath given the title of Dukes and Earles to these persons following , being in their severall ages Dukes and Earles of Bedford . 1365 1 Ingelram de Cow●y , E. *     ✚ ✚ ✚ 1414 2 John , son of Henry 4. L. Adm. Const. and Regent of Fr. D. *     ✚ ✚ ✚ 1470 3 George Nevill , D     ✚ ✚ ✚ 1485 4 Jasp. de Hatfeild , E. of Pembroke , halfe brother to King H. 6. D. *     ✚ ✚ ✚ 1549 5 John L. Russell , L. Pr. and L. Adm. created E of Bedford by Edw. 6. * 1554 6 Francis Russell . 1585 7 Edward Russell . 1628 8 Francis Russell , now Earle , 1641. BErkley is the name of a noble and an ancient family , dispersed in many places of this Kingdome . They tooke this name from Berkley Cas●●● ▪ situate neare the Severne bankes in the County o● Gloucester , of which they were made Barons by King H. 2. Whereas before that time they were called Fitz-Harding ; as being descended from one Robert Fitz-Harding of the bloud 〈◊〉 of the Danes . Which Robert Fitz-Harding by the name of Robertus f●●ius Ha●dingi 〈◊〉 Reg●● Dacae , is joyned as a Co-founder with 〈◊〉 H 2 of the Cathedrall Church of Bristoll , ( but then a Monastery onely ) as doth appeare by an inscription over the gate of the said Church . William L. Berkley of this house , being descended from the Mowbraies , who amongst other titles were Earles of Nottingham , was in the yeere 1482. created Visc. Berkley by King Richard 3. afterwards Earle of Nottingham , and Earle Marshall by King H. 7. and finally , created Marqu . Berkley by the same King H. A●no 1509. But dying without issue all those titles ended with him : that of the Lord Berkley still continuing in the line collaterall . Visc. and Marqu . Berkley . 1509 1 Will. L. Berkley , created Viscount Berkley , by King R. 3. was created Marqu . Berkley by K. H. 7. mort sans issue . BErkshire was anciently in the Saxon times called Berro●schire : which name the learned Antiquary Master Camden out of Asserius Menevensis deriveth from Berroc , a certaine Forrest , where grew good store of Box , to which the people used in the time of danger to retire themselves . I lieth conveniently all along the bankes of the river of Thames , which serves them well for the conveyance of their corne , fewell , and other commodities to the City of London : and containeth in it 140. Parishes , of the which 12. are Market townes ; the chiefe , Reading , and Abington . But that which gives most lustre to it , is the royall Palace and Castle of Windsore , the principall seate and residence of the most honourable order of the Garter : and indeed the most magnificent mansion of the Kings of England . Camden in his description of this County doth conclude it thus . Thus much of Barksh ▪ which ( as yet ) hath given the title of Earle to no man. And true it was when he so said it . But since it hath bestowed that title on these : Earles of Berks. 1620 1 Francis L. Morrys , crea . E of Berkshire , Jan. 28. mort sans issue masle .     ✚ ✚ ✚ 1625 2. Tho. Howard , Visc. Andover , created E. of Berksh . Feb. 7. now living . Anno 1641. BRIDGEWATER . BRidgewater , but more properly and in the old records Burgh-Walter , that is , Walters Burgh , so called of Walter de Duaco , who came in with the Normans , & had faire lands given him in these parts by the Conquerour ; is a town of Somerset-shire . A great and populous town it is , descending by the Chaworths to the Dutchy of Lancaster : and was by Hen. 8. the heire of the Lancastrian family , adorned with the tlitle of Earledome ; which hee bestowed on Sir Henry D●wbeney , son of that Giles Dawbeney , who came in with King Hen. 7. from Britaine in France ; and was by him made his L. Chamberlaine , and Knight of the Garter . Which Henry dying without issue , this title lying long a sleep , was afterward awakened in another family , ordeined to be a seminary for the Earles of Bridgewater . A. Ch.     1538 1 H●nry L. D●wbeney created Earle of Bridgewater . 30. H. 8.     ✚ ✚ ✚ ✚ 1617 2 Iohn Egerton Visc. Brackly , created ● . of Bridgewater , May 15 L. President of Wal●s now living , Anno 1641. BRISTOL . BRistol the third in ranke of the Cities of England , is situate on the rivers of F●ome and Avon , not far off from the entrance of the Severne into the Oc●an . In that regard it stands commodiously for trade and trafick , the ships with full sayle comming up into the bosome of the City ; and verily the Cityzens there are wealthy Merchants , and trade into the most part of the world with good faith and fortune . Part of it stands in Somersetsh . and part in Gloc●ster shire , though they account themselves of neither : being a County in it selfe incorporate , and independent upon any other than its own Officers . A town exceeding populous , and exceeding cleanly : there being sinks and sewers made under ground , for the conveyance of all filth and nastinesse , which by them passeth into the rivers . The Castle of it once was a place of strength , and in it K. Stephen was kept a prisoner by Maud the Empresse : but now not able to defend it selfe from the ruines of time . Churches it hath in it , and thereto adjoyning , to the number of 18 , or thereabouts , whereof the fairest and most memorable , next to the Cathedrall ( of which we have already spoken in our description of the Bishoprick , is S. Ma●ies of Radcliffe , without the wals , esteemed to be the fairest Parish Church in England , yet however it hath long been a town of Fame ; it is not full an hundred yeares , since it was made a Bishops see : But lesse since it became a title of nobility ; viz. not till King Iames conferred the honour of Earle of Bristol , on 1622 Iohn L. Digby of Sherborne , cr . E. of Bristol , Sept. 15. Iac 20. now living 1641. BVCKINGHAM . BVckingham is another of the three Counties , which were once the seate of the Cat●ieuchlani : and is supposed to take that name from Bucken , that is , Beech-trees , with which the Countrey is well stored . It is generally a very rich and plentifull soyle , equally good for corne , and grazing , and lieth al along on the banke of the Thames , confronting Bark-shire . It conteines in it , 185 Parishes , eleven of the which are market townes ; and amongst them the chiefe in name is Buckingham , the head town of the County . A town of no great note , when it was at the best ; but more considerable heretofore , than at the present ; being once fortified with a Castle , now hardly to bee found in the very ruines , as also with a rampire and certaine sconces , built for defence thereof against the Danes , now more invisible than the Castle . The greatest honour it can chalenge , is that it hath given titles of the highest honour , to many a brave and worthy personage , as well of the bloud Royall as of other families : who by the Kings of England have been hence denominated . Dukes , Marq. and Earles of Buckingham .   1 Walter Giffard , E.   2 Walter Giffard .     ✚ ✚ ✚ 1164 3 Richard Strongbow Earle of Pembroke .     ✚ ✚ ✚ 1377 4 Thom. of Woodstock , D. of Glouc. L Constab●e . * 1397 5 Humfrey Plantagene● ; died 1400.     ✚ ✚ ✚ 1444 6 Humfrey Stafford , D.L. Constable , descended from a daughter of Thom of Woodstock . * 1460 7 Henry Stafford D.L. Consta. * 1468 8 Edw. Stafford D.L. Consta. *     ✚ ✚ ✚ 1616 9 George visc . Villiers , or Earle of Buck. 14 Iac. Ian. 5. Marq. Buck. Iac. 17. Ian. 10. and finally D. of Buck. 21. Iac. May , 1623. Lord Admirall and Ch. Camb. * 162● 10 Geo. Villiers , now Duke , 1641. BVLLINGBROKE . BVlling broke is an antient town in Lincolnshire , heretofore belonging to the Lacies E. of Lincolne : and by the marriage with Alice daughter and heire of Hen. Lacy E. of Lincolne , to Thomas E. of Lancaster ; this with the residue of the lands of Lincolne , became united and incorporated with those of Lancaster . The greatest fame thereof ; was for a Castle built there by William of Romara , E. of Lincoln : but much more famous in succeeding times , in that it was the birth place of K. H. 4. surnamed ( according to the fashion of that age ) of Bullingbroke . ) It hath beene almost eversince his time , one of the honours ( as we call it ) of the crown of England : but never made an honorarie title unto any family , untill K Iames conferred it on Sr. Oliver S. Iohns who possibly might affect to bee thence denominated , as fetching his descent from the Lad●e Margaret Beauchamp , grand-mother to King Henry the 7. the heire of the Lancastrian Family . Earle of Bullingbroke . 1624 1 Oliver L. S. Iohn of Bletho , created E. of Bullingbroke , Iac. 22. Dec. 28. Nowliving , 1641. CAMBRIDGE . CAmbridge-shire was once part of the pos●essions of the old Iceni , and takes that name from Cambridge the chiefe town thereof ; and that derived either from the old town called Camb●ritum , which Antoninus mentions in this tract , or else , as other have conceived , from a bridge built on the river cam , on whose banks it ●tandeth . A town that hath beene long since dedicated unto learning : here being a publique Schoole erected An. 630 or thereabouts , by Sebert King of the East Angles , and that ad morem Cantuariorum , as it is in Beda . But Schooles and studies being overthrown by the Danish fury , it lay long forlorne and discontinued , till it beganne to flourish under the calmer times of the Normans government , that is to say , about the middle of the reign of K. H. the first , the 3 K ▪ of the Norman Kings . Nor was it long before , that of a famous Schoole , or Schola illustris , as we phrase it now , it did become as famous an Vniversity : Robert de Remington affirming , that in the reigne of Edward the 1 it was made an Vniversity such as Oxford is , by the Court of Rome . There are now 16 Colleges and Hals endowed , replenished with such store of students , that unlesse it be in her sister Oxford , the like are not found in all Europe . But we must leave this speculation of it as an Academy ; and look upon it next as a title of honour : in which consideration we shall find it no lesse fortunate , than we did before , in these Earles of Cambridge .   1 William de Meschines , son to Randolph E of Chester .     ✚ ✚ ✚ ✚ 1342 2 Iohn de ✚ Hainal● uncle to Qu. Philip , wife of Edw. 3.     ✚ ✚ ✚ ✚ 1349 3 William Marq ▪ of Iuliers .     ✚ ✚ ✚ 1362 4 Edm. of Langley D. of York . * 1401 5 Edw. Plantagenet D. of York . * 1414 6 Rich. de Conisburgh , 2 son of Edm. of Langley .     ✚ ✚ ✚ 1619 7 Iames marq. Hamilton cr . Earle of Cambridge , 17. Iac. Iun. 15. Lord Steward . * 1625 8 Iames Marq. Hamilton , Master of the horse , and now E. of Cambridge , 1641 * CARLILE . CArlile is the principall City in the County of Cumb●rland , situate in the furthest part of the Kingdome toward Scotland , on the Westerne marches : fortified with a Citadel and sundry Bulwarks for a defence against the Scots , as standing in a place of most advantage for the securing of that border . It flourishedheretofore in the time of the Romans , and was by them called Lugu-vallum , as standing on the Trench , or Vallum Picticum , the Picts wall , as our stories call it ; made by the Romans to defend their Province from the Picts and Scots . So that it seemes of old to have been the boundary betweene the nations : though the Northumbers after , in the Saxon times , enlarged their Empire to the banks of Dunb●itton Fryth . From whence , or when it fi●st was called Carl●le , our Authors say not ; but by that name , and in the Latin by Ca●l●olum , it h●th long been known . The Danes consumed it into ashes , and it lay unrepaired in rubbish , til the time of Willi●m Rufus , who rebuilt it . Since which by the accession of the Episcopall See , erected there by H. the first , who succeeded Rufus ; it came to be of wealth and cre●it : and hath given the title of an Earldome to two severall Families , wh●ch being of a different quality , have in as different times beene Earles of Carlile . Earles of Carlile . 1321 1 Andrew de Harcla .     ✚ ✚ ✚ 1622 2 Iames Hay , Visc. Doncaster , created E. of Carlile , 18. Iac. Sept. 17 ▪ 1636 3 Iames Hay now E. of Carl●le , 1641. CARNARVON . CArnarvon is a shire of North-wales , butting upon the Irish seas , and pa●ted f●om the Isle of Anglesey by a streit , or Fretum . A mountainous and rocky Countrey : but the defects thereof are plentifully supplyed by the Isle adjoyning . It tooke name from Carnarvon , the chiefe town there of : heretofore very strongly wailed , and for●ified with a faire Castle . Edward the 2. K. of England was here borne ; and hence according to the custome of those times , entituled Edward of CARNARVON . For the occasion of it I refer you to the common Chronicles . The Princes of Wales had in this place their Chancery and Exchequet for all North-Wales : which was no small improvement to it . Earle it had never any till the present Age , in which our Soveraigne Lord now reigning conferred that title on 1628 1 Rob. L. Dormer of Wing ▪ created E. of Carnarvon 4. Car. Aug. 2. now living , Anno 164● . CHESTER . CHester is the principall City of Cheshire , antiently part of the Cornavii . The Country not so plentifull in corne , as in fish and cattell ; but fruitfull in no one thing more than the production of ancient Gentry ; of which it can still shew more antient Families than any one County in the Kingdome . The City built in form of a quadrant , fouresquare , is enclosed with a wall that taketh up more than 2 miles in compasse , and hath 11 Parishes ; the houses being very faire , and well built , and having all along in the chief streets before the doors , a kind of galleri● ; through which a man may walk dry from one end to the other . Seated it is upon the river of Dee , on which , to shew his splendor and magnificen●e , K. Edgar was once rowed by 7 petie ●ings of the Scots and Britans , to the great joy of the beholders . The Earles hereof were anciently accounted Palatines . William the Conquerour giving this Earldome to Hugh Lupus , a noble Norman ; to be holden as fre●ly by his sword , as the King himselfe held England by his own . And though it be now , and hath long beene incorporated into the Patrimony regall ; yet it still holds the rights and privileges of a County Palatine : and hath for the administration thereof , a Chamberlaine , a Iustice for the Common● plees of the Crown , two Barons of the Exchequer , a Sheriffe , an Eschetour and other Officers ; to the great case of all the countryin expedition of their businesse . The Palatines hereof , before it came into the Crown , are these here following , Earles of CHESTER . 1067 1 Hugh sirnamed Lupus . 1103 2 Richard son of Hugh .     ✚ ✚ ✚ 1120 3 Randolph de Meschines . 1129 4 Randolph de Gernoniis . 1153 5 Hugh Kivilioc , son of Randolph . 1181 6 Randol . Blondeville son of Hugh .     ✚ ✚ ✚ 1233 7 Iohn le Scot , sonne to the Lady Maud eldest sister of Randolph .     ✚ ✚ ✚ 1245 8 Edw. eldest son of K ▪ H. 3.     ✚ ✚ ✚ 1255 9 Simon de Montford , Earle of Leicester , after whose death Chesler was laid unto the Crowne ; and hath beene since united to the Principality of Wales : so that who list to see the residue of the Earles of Chester , shall find them in the former Catalogue of the Princes of Wales , which have beene of the Royall bloud of England . CHESTERFEILD . CHesterfield is a town of Darbysh . commonly called Chester●eild in Scardale . A towne , which by the ruines of it doth seem to be of good antiquity ; and therefore likely to have had some more ancient name , which seemes to be now buried in those ruines ; or by continuance of time , quite worne out and lost . It glorieth much of being made a free Burrough , in the time of K. Iohn ; and for the battaile fought hard by between K. Henry the 3 , and his rebellious Barons , in which Rob. de Ferrers , Earle of Darby , being taken prisoner , lost his Estate and Dignity , though not his life . But that in which it hath most cause to glory , is that from an ordinary Market Town , it is become the seate of an Earldome , the stile and title of Earle of Chesterfeild , being conferred by our dread Soveraigne now being , upon 1628 1. Philip Lord Stanhop of Shelford , or Earle of Chesterfeild . 4 Car. Aug. 4 and is now living , Anno 1640. CLARE & CLARENCE . CLare is an ancient Town on the edge of Suffolk , where it joyneth to Essex , seated not far off from the banks of the river Stoure by which the Counties are divided . A Town that hath not any thing whereof to boast ( the Castle and the Collegiall Church being both in rubbish ) but that it gave both name and title unto that noble Family , si●named De Clare ; who in their times were Earles of Hartford , Clare and Gloucester . But the male issue of these Clares being failed , Lio●el the 3 sonne of K. Edw. the 3. ( having married the sole daughter and heire of William de Burgh , E. of Vlster in Ireland , begotten on the body of Elizabeth , one of the sisters and coheires of Gilbert de Clare , who died Anno 1291 , the last E. of Clare and Glocester of that name ) was made Duke of Clarence ; the termination of the title , being only changed , not the place denominating . And from the change thus made ( which I note only by the way ) the second king of Armes is surnamed Clarentieux ; as apperteining formerly to the Dukes of Clarence : whom with the Earles preceding and succeeding , take in order thus ; Dukes and Earles of Clarence . 1139 1 Gilbert E. of Clare . 1152 2 Roger de Clare . 1174 3 Richard de Clare , after whose death , this title lay long drowned in that of Gloucester .     ✚ ✚ ✚ 1362 4 Lionel , D. of Clarence , 2 son to K. Edw. the 3.     ✚ ✚ ✚ 1411 5 Tho. D. of Clarence , 2 son to K. H. the 4. L. Admirall .     ✚ ✚ ✚ 1461 6 Geo. D. of Clarence , brother to K. Edw. the 4 ▪ L Constable .     ✚ ✚ ✚ 1624 7 Iohn Hollys Lord Houghton , cr . E. of Clare , Com. Suffolk , 22. Iac. Nov. 2. 1638 8 Iohn Hollys now Earle of Clare , 1641. CLEVELAND . CLeveland , is a wapon-take or hundred in the northriding of York-shire , taking that name as Camden tels us , of the steepe banks which we call Clyffes , which run all along the side thereof , and at the foot of which the Countrey spreadeth into a plaine ful of fertile fields . It seemeth to be a place of a faire extent , as being one of those 3 Arch-deaconries into which the whole County is divided ; and doth give the title of an Earle , to 1625 1 Thomas L. Wentworth created E. of Cleveland , 1 Car. Feb. 7. who doth still enjoy it , An. 1641. CORNWALL . COrnwall is the most western part of England , and takes denomination from the shape and fashion of it , being like an horne ; which the old Britans called Kern , as now the Welch call the countrey Kernaw . The people of it are a remainder generally of the antient Britans ; whose language , for much of it , they do still retaine : although by intermixture of the Saxons , not easie to be understood by the Welch themselves . The Countrey very mountainous , as Wales is also ; and therefore of the lesse accesse to the Conquering Saxons : but the sea-costs well beautified with goodly townes , able to set to Sea , a good Fleet of shippes . And for the mountaines , they doe recompence their defects without , by their abundant wealth within ; as being very full of mines of tinne , which yeelds great profit to the Countrey , and furnisheth ▪ most parts of Christendome with that commodity . The Earles of Cornwall heretofore gave great immunities and liberties to those that laboured in these mines ; and when this Earldome fell again unto the Crown , Edw. the 3 erected a L. Warden of the Stannaries , to have the government thereof . And at that time of its reverting to the Crown , the L. K. Edw. gave it to his son , surnamed the black Prince ; since the which time , the eldest sons of the Kings of England , whether it be by birth , or by the death of their Elder brothers , are ipso facto Dukes of Cornwall , without any creation , and are at age to sue their livery , how young soever . Whom with their predecessors we shall marshall thus , Dukes , and Earles of Cornwall .   1 Robert of Morton , E of Cornwal . 1087 2 Wil. de Morton .     ✚ ✚ ✚ ✚ 1140 3 Reginald Fitz-Harry , base son unto K. Hen. the first .     ✚ ✚ ✚ ✚   4 Iohn second son of K. H. the 2. 1227 5 Rich. Plantagenet , 2 son of K. Iohn K. of the Romans . 1272 6 Edw. Plantagenet , son of Rich.     ✚ ✚ ✚   7 Piers Gaveston .     ✚ ✚ ✚ 1336 8 Iohn of Eltham , 2 son of Edw. 2. 1336 9 Edw. the black Prince . 1357 10 Rich of Burdea●x eldest son of the black Prince . * 1399 11 Hen. of Monmouth , eldest son of H. the 4. * 1422 12 H of Windsore , eld . son of H. 5. * 1453 13 Edwof West . eld . son of H. 6. * 1470 14 Edwof West . eld . son of ●dw . 4. * 1483 15 Edw. of West eld . son of Rich. 3. * 1487 16 Arthur eld . son of K. H. 7. * 1503 17 Hen. 2 son of K. H. 7. * 1537 18 Edw. eld ▪ son of K H 8. * 1602 19 Hen eld son of K Iomes . * 1612 20 Char 2 son of K ▪ Iames. * 1630 21 Charles eld . son of our dread Sover●●●n● now being , An. 1641. * COVENTRY . COventry is a faire and goodly City , within the limits of Warw●ck shire , but now within the County of Warwi●k ; heretofore called so from the Convent , by which and the translating of the See Epi●copal● from Lichf●ild hither , it grew exceeding rich and wealthy . And though it now hath neither Convent , nor Episcopall See ( more than in ruine and in title ) it still continues its old wealth ; being the best City of mart and trade in all these parts ; commodiously built and seated , and more than ordinarily frequented for an Inland Towne . It belonged once unto the ●arles of Chester , and afterward by many meane conveyances to Iohn of Eltham Earle of Cornwall ; and so this place became annexed unto that Earldome . Nor lost it any thing , but rather gained much by that annexation : Henry the 6. laying unto it certaine the adjacent Villages : and making it with them a County corporate , cleerely distinct from that of Warwick . It is now one of the honourary titles of the Duke of Buckingham , George Marquesse of Buckingham , being created Duke of Bukingham , and Earle of Coven●y , by letters patents bearing date in May , 21 Iac. and for the remnant of his life he , and since him , his son enjoyed both the title of Dukes of Buckingham , and Earles of Coventry . 1623 1 Georges Villiers , Marquesse of Buckingham . 1628 2 George Villiers , now Duke of Buckingham , and Earle of Coventry , 1641. CVMBERLAND . CVmberland is the furthest Country of England , on the Northwest side , antiently part of the Brigantes . It is called Cumbria in the Latine , and Cumbrorum ●erra ▪ as being inhabited by the true and naturall Britans , ( who in their own language are cald Kymri ) when as the residue of these Northern parts had yeelded to the conquering Saxon. A Countrey , for the situation of it , neither unpleasant nor unprofitable ; the Valleis yeelding corne sufficiently , the Mountaines breeding great flocks of sheep , the Meeres replenished with all kind of wild foule , and the adjoyning Sea affording a variety of excellent fish . It conteineth in it not above 58 Parish Churches , but very many Chappels of Ease , as big and large as any Parish . Of these there are 9 Market Townes , whereof the chiefe ( next Carlile ) for dispatch of busines , is that of Perith , wherein they hold their Sessions and Assises . Late was it ere this County became an Earldome : viz. when as K. H. the 8. bestowed the stile and dignity of Earle of Cumberland , upon Henry Lord Clyfford , whose issue still continue Earles of Cumberland . 1525 1 Henry L Clifford created Earle of Cumber . 17 of K. H. 8. Iun. 18. * 1542 2 Henry Clifford . 1569 3 George Clifford . 1605 4 Francis Clifford . 1640 5 Henry Clifford , Now Earle of Cumberland , 1641. DANBY . DAnby is an ancient Castle in the hundred or Wapontake of Cleveland , in the North-riding of York-shire , seated neare to a large Parke , and a goodly chase of the same name . It belonged anciently unto the L. Latimer , and was sold with other lands belonging to that Family unto Ralph Nevill Earle of Westmerland , who forth with gave the same to his son Sir George Nevil , whom K. H. the 6. not long after summoned to the Parliament by the name of Lord Latimer . His issue male failing in Qu Elizabeths times , and the Estate being divided betweene his two daughters and coheires , this Castle with the lands adjoyning fell unto the share of his daughter Mary , who being married to Sir Iohn Danvers of Wil●sh . was by him mother of S Hen. Danvers , created by K. Iames L. Danvers of Dan●eser , and by our Sovereigne now being the first E of Danby . 1629 1 Henry L. Danvers of Dantesey , cr . E. of Danby , Feb. 7. 10 Car. now living , Anno 1641. DARBY . DArbyshire is a part of the Coritani , and tooke that name of Darby , the chief town thereof . A Town conveniently seated on the River of Derwent , beautified with five Parish Churches , a goodly stone Bridg , and a large Market-place : and no lesse famous for Good Ale , than Banbury for Cakes and Che●se . Finally , the Town is well traded , and of good resort ; and is the usuall place of holding Sessions and Assisses for all the County . The Countrey of the East and South parts well manured and fruitfull ; yeelding a very spacious and pleasing prospect , both out of Tutbury Castle , and that of Boulsover . The West part ▪ which they call the Peak , is not so pleasing to the eye , though possible as profitable to the purse ; being rich in iron , lead , and coales , which it yeelds abundantly ; and grazing multitudes of sheep on the Mountaine tops . It containes in it 106 Parish Churches , of the which 8 be Market●towns ; the chiefe thereof being Darby , as before is said : the Catalogue of whose Earls now followeth . Earles of Darby . 1199 1 William de Ferrars . 1247 2 Wil. de Ferrars . 1254 3 Wil. de Ferrars . 4 Robert de Ferrars .     ✚ ✚ ✚ 1131 5 Edm ▪ of Lancaster , 2 sonne to King Henry the 3. after which time , this title was continued in the house of Lancaster . 1338 6 Henry of Lancaster son of Henry Earle of Lancaster , cr . Earle of Darby in his fathers life , 11. Edw. 3. * 1386 7 Henry of Bullingbroke sonne of Iohn of Gaunt , Duke of Lancaster , cr . Earle of Darby in his fathers life , 9 Ric. 2. *     ✚ ✚ ✚ 1485 8 Thomas Lord Stanley , cr . Earle of Darby by King Henry the 7. L. Constable . * 1503 9 Tho. Stanley . 1521 10 Edward Stanley . * 1572 11 Henry Stanley . * 1593 12 Ferdin . Stanley . 1594 13 William Stanl●● , Earle of Darby , 1641. * DENBIGH . Denbigh-shire is one of the shires of Northwales , heretofore appertaining to the Ordevices . The Countrey very mounteinous , and as barren generally ; though by the paines and industry of the husband-man , it be made in some parts very fruitfull . The chiefe towne Denbigh is well seated on the banks of the river Istrad , which from thence runneth into the Cluyd , the fairest river of this countrey . A town well peopled and inhabited , especially since it became the head of the county ; which was not till the 27 of Hen. the 8. what time the five new shires were added to the rest in Wales , of which this was one . But before that it was the head town of the Barony of Denbigh , being conceived to be one of the goodliest territories in all England , as having more Gentlemen holding thereof in fee , and by service , than any other . Lords it hath had good store , and of severall Families ; but none of them a Parliamentary Peere ( in reference hereunto ) till these later times . Of late it hath given title both of Lord and Earle to two severall Families ; viz. to these Lords and Earles of Denbigh . 1564 1 Rob. Dudley , created B. of Denbigh , & E. of Leicester , Eliz. 6. Sept. 29.   ✚ ✚ ✚ 1622 2 William Visc. Feilding , created Earle of Denbigh , 20. Iac. Sept. 14 Master of the Wardrobe , and now living , 1641. DEVONSHIRE . DEvonshire is the most Western Countrey of all England , excepting Cornwall , together with the which it made up the possession of the old Danmon i. It is called Devi●an by the Cornish Britans , that is , the country of Low-valleies , because the people dwel for the most part beneath in vales . From thence the Saxons had their Devenshire ; and the Latin●s borrow their Devonia A countrey harborous on either side with commodious Havens , enriched with inexhaustable mines of tinne , beautified with fresh and pleasant meadows , shaded again in other parts with greater store of woods , and very well replenished with Towns and Villages ; whereof it reckoneth in the whole 394 Parishes , and therein 37 Market townes of good note and trade . The countrey of it selfe not so fit for corne , but that the toyle and travaile of the plou●●●an supplies that defect , and addes unto it both by cost and industry what it wants by Nature . Earles it hath had of severall Families ; of which the Rivers and the Courtneys held the title long : as now the Cavendishes may doe , who have possession of it in the third generation . But how long any of them held it , and who they were that interloped , wee shall best see , by looking over the particular Names and Families of the Earles of Devonshire .   1 Ric. de Rivers or Riparis . 1106 2 Baldwin de Rivers . 1154 3 Ric. de Rivers . 1161 4 Baldw. de Rivers .   5 Rich. de Rivers .   6 Wil. de Rivers . 1216 7 Baldw. de Rivers . 1245 8 Baldw. de Rivers .     ✚ ✚ ✚   9 Wil. de Fortibus , husband of Isabel , sister of the last Baldw.     ✚ ✚ ✚ 1335 10 Hugh Courtney , next heire of Isabel de Fortibus . 1340 11 Hugh Courtney . 1378 12 Edw. Courtney . 1418 13 Hugh Courtney . 1421 14 Tho. Courtney . 1461 15 Hen. Courtney .     ✚ ✚ ✚ 1469 16 Humfrey L. Stafford of Southwick , made E. of Devon. by K. Edw. the 4.     ✚ ✚ ✚ 1469 17 Iohn Courtney , slaine at Tewksbury . 1487 18 Edw. Courtney . * 1509 19 Wil. Courtney . 1525 20 Henry Courtney , Marquesse of Exeter . * 1553 21 Edw. Courtney , died 1556.     ✚ ✚ ✚ 1603 22 Charles Blount Lord Montjoy , created E. of Devon , by K. Iames.     ✚ ✚ ✚ 1618 23 Wil. Lord Cavendish of Hardwick created E , of Devonshire , 10 Iac. Aug. 20. 24 Wil. Cavendish .   25 Wil. Cavendish , now E. of Devonshire , 1641. DORSET . THe County of Dorset , abbutteth upon that of Devonshire , having the Sea up on the South , and Somersetshire upon the North. It was inhabited hertofore by the Durotriges , and was all the land they did inhabit . The aire good , and of an healthfull constitution ; the soyle fat and rich in many places , and where in that it is defective ; it yelds good store of woods and pasture . The Country generally very pleasant in her situation , as being no lesse beholding to the inner land Rivers , than the bordering Ocean ; the one yeelding merchandise from far , the other the commodity of conveyance to most parts thereof ; and both of them good store of fish . It conteines in it 248 Parishes , and in them 18 Market-Townes , the chiefe of which in name is Dorcester , as that which doth denominate the whole Country , and tooke that name it selfe from the Durotriges , whom before I spake of ; unlesse you rather think that it comes from Dur●ium , which Ptolomy placeth in this tract . A Towne not famous for much els , than that it hath long been , and doth still continue the honorary title of these Noble personages , which have beene severally Marquesses and Earles of Dorset .   1 Osmund de Sees , E.     ✚ ✚ ✚ 1397 2 Iohn Beaufort , Marquesse , Lord Admirall . *   3 Thomas Beaufort , Earle Duke of Exeter , Lord Chancellor and L. Adm. * 1444 4 Edmund Beaufort Earle and Marquesse . * 1454 5 Hen. Beaufort , Marq. 1462 6 Edm. Beaufort , Marq.     ✚ ✚ ✚ 1474 7 Tho. Grey , Marq. * 1494 8 Tho. Grey , Marq. * 1530 9 Hen. Grey , Marq. D. of Suff. *     ✚ ✚ ✚ 1603 10 Tho. S●ckvill L. Buckhurst , created E. of Dorset . 10. Iac. March 13 L. Tres. and Chanc. of Oxf. * 1608 11 Rob. Sackvill 1609 12 Rich. Sackvill . 1625 13 Edw. Sackvill , now E. and Lord Chamberlain unto the Queen 1641. DOVER . DOver , is a well knowne and famous Town , both for the Haven and the Castle , for the security and renown of which and the convenient si●uation of it over against France ; it hath long beene accounted one of the Cinque Ports . Seated it is in the very South-East point of Kent , from whence a man may easily discerne the coast of F●ance as being but 34 miles distant . The ●own stands in the bottom between the clyffes , very warme and safe ; the Castle mounted up aloft , both to comand and to defend it A place indeed of such impregnable strength , and so great importance , that Philip King of France , when L●wys his son being called in hither by the factious Barons against their Soveraigne L. King Iohn , had gotten many Townes and Forts , but yet could not get the mastery of this peece , despised all , saying , verily my son hath not one foot of land in England , if he be not master of Dover Castle . It now gives title of an Earle to 1627 3 Henry Cary , Visc. Rochfort , created E of Dover 3 Car. Mart. 8 , and is now living , 1641. ESSEX . ESsex was anciently perteining to the East - Saxons , and made a chiefe part of their Kingdome ; hence it took the name . Before it did belong to the Tr●nobantes . A Countrey large in compasse , fruitfull of corne and other sorts of graine , plentifull in saffron wel wooded and wel watred also ; & that not only by the Sea , and the River of Thams , which washeth all one side thereof , but with faire , and fresh , and fishful Rivers , which do afford no smal commodity unto it . The greatest want it hath is of sweet fresh aire ; those parts thereof which lye along upon the Thames , ( which they call the hundreds ) being very aguish and unhealthy . This County conteineth in it 415 Parish Churches , whereof 21 are Market Townes , of which Colchester is farre the richest , fairest and best traded . Yet in regard it standeth in the extremity of all the Countrey , the Sessions and Assisses are held most commonly at Chelmesford , which is almost in the middle of it . But it is time to leave the Countrey , and come unto The Earles of Essex .   1 Geofrey de Mandeville .   2 Geofrey de Mand. 1166 3 Wil. de Mand. 1199 4 Geof . Fitz-Piers , L. Ch. Iustice. 1213 5 Geof . de Mand. 1216 6 Wil. de Mand.     ✚ ✚ ✚ 1228 7 Humfrey de Bohun , E of Hereford who married Maud , sister and heire of Wil. de Mand. 1234 8 Humf. de Bohun , L. Con.   9 Humf. de Bohun , L.C. 1298 10 Humf. de Bohun , L.C. 1322 11 Iohn de Bohun , L.C. 1336 12 Humf. de Bohun . 1361 13 Humf. de Boh. L.C. *     ✚ ✚ ✚ 1461 14 H Visc. Bourchier , L. Ch. & L. T. * 1483 15 Hen. Visc. Bourchier , *     ✚ ✚ ✚ 1539 16 Tho. L. Cromwell . *     ✚ ✚ ✚ 1543 17 W.L. Parre , Marq. of Northamp . *     ✚ ✚ ✚ 1572 18 Walt. d'Evreux , L Ferrars , descended by the Bourchiers from the Bohuns . * 1576 19 Rob. d'Evreux , master of the horse B. Marsh ▪ and Ch. of Cam. * 1604 20 Rob. d'Evreux , now E. of Essex , 1641. EXETER . EXeter is now the chiefe City of Devonshire as heretofore of the Danmonii , by Ptolomy called Isca , and so by Antonine , but that the Copies are mistaken , in which , instead of Isca Danmoniorum , we read Isca Dunmoriorum . A faire and goodly Town it is , seated upon the Easterne banke of the river Ex , from whence it had the name of Excester . In circuit it conteines within the wals about a mile and a halfe , besides the suburbs which every way stretch out to a great length ; and in that circuit there are numbred 15 Parish Churches , besides the Cathedrall . The whole enviro●ed with deep ditches , and very strong wals having many towrs therin very well disposed , and yet the animosity of the inhabitants is a greater strength unto it , than the wals or ditch●s ; whereof they have given notable proofe , in these later times . But for that I refer you to the common Chronicles ; and now present you with the Dukes , Marq. and Earles of Exeter . 1389 1 Iohn Holland , E of Huntingdon , made D. of Exeter by K. Rich. 2. *     ✚ ✚ ✚ 1416 2 Tho. Beaufort , E of Dorser , L Ch. And Adm. made D. of Exeter by K. H. the 5.     ✚ ✚ ✚ 1444 3 Iohn Holland , D.L. Adm. * 1474 4 Hen. holland , D.L. Adm.     ✚ ✚ ✚ 1525 5 Hen. Courtney , E. of Devonsh . cr . Marq. of Exeter by K. H ▪ the 8. *     ✚ ✚ ✚ 1605 6 Tho Cecill L. Burleigh , cr . E. of Exeter , 3 Iac. May 4. * 1623 7 Wil Cecill , 1639. * 1640 8 David Cecill , now E. of Exeter ▪ 1641. FLINT . F●intshire , is one of the old shires of Northwales , and though augmented somewhat by K. H. the 8. what time the March-ground was appropriated unto severall shires ( for which see 37. H. c. 26. ) Yet it is still the lest of all , as not containing above 2● Parishes , and of them only one market town . The Countrey not so mounteinous as the rest of Wales ; exceedingly well furnished both with corne for men , and grasse for cattell ; of which it hath good store for number , though for bulke but litle . It tooke denomination from the Castle of Flint , begun by H. 2 , but finished by K. Edw 1 , for a goodfence against the Welch . This Country hath been always held to bee an appendant on that of Chester , and doth ad gladium Cestriae pertinere , as the old books ●ay : but both united now unto the principality of Wales . Edward of Windsore eldest son of K. Edw. 2 was summoned by his father to the Parliament by the name of E. of Chester , and Flint ; since which it hath continued as a title in the Princes of Wales ; and there you shall be sure to find who were Earles of Flint . GLOCESTER . GLocester●shire , antiently was part of the possessions of the Dobuni . A fruitful and a pleasant Countrey , being honoured with a full course of the river of Severne , and the originall or fountaine of the River of Thames . That part thereof which is beyond the Se●erne is overspread with woods ; all which included in one name , make the Forrest of Deane . That part that butteth upon Oxfordshire , is swelled up with hils , called the Cotswold hils ; but these even covered , as it were with sheep , which yeelds a wooll of notable finenes●e , hardly inferiour to the best of England . Between those two is seated a most fruitfull Vale , fruitfull to admiration , of all kindes of graine , and heretofore of Vine● and Vineyards ; the want of which is now supplied by a drink made of Apples , called Syder , which here they make in great abundance . In this so fruitfull Vale stands the City of Glocester , denominating all the Countrey ; and taking name from the old Glevum , herein placed by Antonine ; for Gleaucester the Saxons stiled it . A fine and neate city I assure you t is , daintily seated on the Severne ; with a large Keye or wharse on the bankes thereof , very commodious to the Merchandise and trade of the place ▪ The streets are generally faire , and the town well built . And which addes no smal lustre to it , Richard the 3 , once Duke hereof , by laying unto it two of the adjacent hundreds made it a County of it selfe ; calling it the County of the City of Glocester . A City finally it is , as worthy to denominate so rich a Countrey , as is the Countrey to give title to those eminent persons , that in their severall times and ages , have been the Dukes and Earles of Glocester . 1100 1 Rob. base son of K. H. 1. E. 1147 2 William .     ✚ ✚ ✚ 1188 3 Iohn sans Terre , son to K ▪ H. the 2 who married Isabel , daughter and coheire of Wil. E. of Gloce.     ✚ ✚ ✚   4 Geof . de Mandeville E. of Essex , 2. husband of Isabel.     ✚ ✚ ✚ 1216 5 Abmeric de Evreux , son of Mabell , another coheire of E. Wil.     ✚ ✚ ✚   6 Gilbert the Clare , son of Amice another of the Coheires . 1230 7 Rich. de Clare . 1262 8 Gilb. de Clare , who married Ioane of Acres , daughter to K. Edw. 1.     ✚ ✚ ✚ 1297 9 Ralph . de Monte Hermer , 2 husband of Ioane of Acres .     ✚ ✚ ✚ 1314 10 Gilb. de Clare , son of Gilb. and Ioane .     ✚ ✚ ✚ 1337 11 Hugh L. Audley , married Isabell sister and coheire of Gilb.     ✚ ✚ ✚ 1347 12 Tho. of Woodstock , D. of Gloc. & L. Constable . *     ✚ ✚ ✚ 1398 13 Tho. L. Spencer , grand son of Eleanor coheire of Gilb E.     ✚ ✚ ✚ 1414 14 Humf. son to K. H. 4. D *     ✚ ✚ ✚ 1461 15 Rich. Plantagenet brother to K. Edw. 4 L ▪ Adm. and Const. D. *     ✚ ✚ ✚ 1640 16 Henry 3 son of our dread Soveraigne L. K. Charles ; declared by his Royall Father D. of Gloces . and so now entituled , An. 164● but not yet created . HARTFORD . HArtford-shire is another of those Countries , which formerly were inhabited by the Cattreuch●ani . A Country , as it is described by Camden , rich in corne fields pastures , meadowes , woods , groves , and cleere riverets ; and which for ancient Townes may compare with any of its neighbours ; there being no one shire in England , that can shew more places of antiquity , in so small a compasse . It conteines in it but 120 Parishes , and of them 18 are market Townes . The Shire-towne , which doth also give denomination unto all the Country is Hertford , seated on the banke of the river Lea , by Beda called Herudford , which some interpret the Red ford , and others some the Ford of herts . A Towne not much frequented , nor greatly inhabited , as overtopped by Ware , which enjoyeth the through-fare ; and by S. Albans , which enjoyeth the trade of all the Countrey . The greatest commendation of it is in the antiquity ; and that it hath been longest ● title of honour , of any other in this Country : the Family of the Clares and Seymours having been long enobled with the stile of Earles of Hartford . 1139 1 Gilbert de Clare . 1152 2 Rog. de Clare . 1174 3 Rich. de Clare .   4 Gilb. de Clare . 1230 5 Rich. de Clare . 1262 6 Gilb. de Clare . 1314 7 Gilb. de Clare .     ✚ ✚ ✚ 1537 8 Edw. Seymour , Visc. Beauchamp , created Earle of Hartford , by King Henry the 8 , after D. of Somerset , died 1551. * 1558 9 Edw. Seymour . 1621 10 Wil. Seymour , now E. of He●●ford 1641. HEREFORD . HEreford-shire , was in times past inhabited by the Silures . A Countrey , which besides that it is right pleasant , is for yeelding of corne , and feeding of cattell , in all places most fruitfull , and therewith passing well furnished with all things necessary for mans life ; insomuch that it would scorne to come hehind any one County in England , the people using it for a byword , that for three W.W.W. that is , Wheat , Wooll , and Water , it yeeldeth to no shire in all the Kingdome . The name is taketh from Hereford , the chief Town thereof , which rose out of the ruines of old Ariconium , here placed by Antonine ; the tract and foot-steps of which name , it doth still retaine . The Town is seated very pleasantly upon the banks of the River Wye , in the middle of most flourishing Meadowes , and no lesse plentifull corne fields : and for defence thereof , had once a strong and stately Castle , which now time hath ruined . The Normans became masters of the place , assoone almost as they had made their entrance into England , and unto them the Castle oweth its original ; and 2 yeares after the said Conquest , it was made an Earldom , and hath since given the title of Dukes , Earles , and Viscounts . 1068 1 Wil Fitz-Osborn . E. of Heref. 1072 2 Rog. de Breteville .     ✚ ✚ ✚ 1141 3 Miles de Glocest. L. Co● .   4 Rog. L. Co. 1154 5 W●lter L. Co.   6 Henry L. C.   7 Makel , L. C.     ✚ ✚ ✚ 1199 8 Henry de Bohun , grand-child of Marg. daughter of , ● . Miles , L.C. 1220 9 Humf de Bohun , L.C. 1275 10 Hum. de Bohun , L.C. 1298 11 Hum. de Bohun , L.C. 1322 12 Iohn de Bohun , L.C. 1336 13 Hum. de Bohun , L.C. 1361 14 Hum. de Bohun , L.C. died 1372. *     ✚ ✚ ✚ 1397 15 Hen. of Bullingbrooke , D. of Hereford , married Mary daug . and coheire of E. Hum. after the extinction of his line , the Staffords did sometimes use the stile of Hereford . *     ✚ ✚ ✚ 1547 16 Walt. d'Evreux , Visc. descended by the Bourchiers from the Boh. * 1558 17 Walt. d'Evreux , Visc. E. of Essex . * 1576 18 Rob. d'Evreux , Visc. E of Essex . * 1604 19 Rob. d'Evreux , now Visc. Heref ▪ and E. of Essex , 1641. HOLDERNESSE . HOldernesse is the name of a large Promontory or head-land , in the East-riding of York-shire , lying on the South-east of the river of Hull : P●olomy seems to call it Ocellum , a certaine Monk Cavam Deiram , or the Hollow Country of the Dei●ians ; expressing in those words the new name of Holdernesse . William the Conquerour gave this territory to Stephen the son of Od● of Champaig●e Lord of Aumerie , in Normandy ; whose issue did continue Lords hereof , whiles any issue of that house continued . But that line being extinct in Aveline , first wife of Edmund Earle of Lancaster , the Earldome of Aub●rmarle , and the honour of Holdernesse were seised into the Kings hands , for default of heires . It hath lien dormant since , till these later days ; in which K. Iames ▪ bestowed this title , on 1620 1 Iohn Ramsey , Visc. Hadi●gton in Scotland , cr . E. of Holdernesse and Bar. of Kingston upon Thames , 18 Iac. Dec. 30. Mort sans issue . HOLLAND . HOlland is one of the 3 parts of Lincol●sh ▪ situate on the South-West co●ner of it , in the fennes and marishes . The ground surrounded much with waters , heretofore yeelded very small store of graine , but great plenty of grasse , and plentifully furnished ●oth with fish and fowle . But now upon the dreyning of this fenny Country , they begi● to plough it , and sowe the same 〈◊〉 ploughed with rape-seed , which yeelds a very great increase , and is become a rich ●ommo●ity . The Town of most antiq●ity is Crowland , heretofore famous for the Abby , valued at the supression at 1217 l. 5 s. 11 d. per Annum . That of most trade and note is Boston ; a fine Town indeed , and very famous for the lan●erne , which is a very excellent sea-mark , and a land-mark too . And this with all , is to be noted of this Country , that howsoever one can hardly ●●nd a stone in it ( such is the softnesse of the soyle ) yet you shall no where finde more beautyfull Churches , all built of square and polished stone . It now giveth title of an E. to 1624 1 Hen. Rich ▪ L. Ke●sington , cr . E. of Holland , 22 Iac. Apr. 3 , now living and Chan. of Cam. 1641. HVNTINGDON . HVntingdon-shire was heretofore inhabited by the Iceni . A Country generally good for corne and tillage ; and towards the East , where it adjoyneth on the fennes , as rich in pasturage : elsewhere it is as pleasant , though not so profitable , by reason of the rising hils , and fine shady groves . It hath been heretofore well beset with Woods , and was indeed a Forest till the time of King Henry the second , in the beginning of whose reigne , disforested . In this regard , the Forest yeelding speciall opportunity , and delight for Hunters , the chiefe Town of it had the name of Hunter downe , we now call it Huntingod● , with very little variation . The Towne commodiously seated upon the northern bank of the River Ouse , rising unto the No●th on the ascent of an hill : adorned with foure parish Churches , and had a little A●bey once , founded by Maud the Emper. and Eustace Lovelos● : the ruines of the which , and of a far●e more ancient Castle , built by King Edward the older , Anno 917 ▪ are yet to be seene . This County con●●ineth in it five other market Townes , besides the shire-Towne , and 79 Parishes in the whole : and did become an Earldome presently on the Norman Conquest , as it hath ever since continued in these Earles of Huntingdon . ●068 1 Waltheof .     ✚ ✚ ✚ ✚ 1075 2 Simon de Senlys ; married Maud the daughter of Waltheof .     ✚ ✚ ✚ ✚   3 David Pr. of Scotland , 2 husband of Maud. 1138 4 Henry sonne of David King of Scots .     ✚ ✚ ✚   5 Simon de S. Lyz.     ✚ ✚ 1152 6 Malcolm King of Scots , sonne of Hen.   7 Wil. after K. of Scots . 1174 8 Simon de S. Lys , E. 1190 9 David 3 son of Henry . 1219 10 Iohn le Scot son of David ,     ✚ ✚ ✚ 1337 11 Wil. de Clinton .     ✚ ✚ ✚ 1377 12 Guiscard d●Angolesme . ✚     ✚ ✚ ✚ 1388 13 Iohn Holland , L. high Chamb. 1400. 1416 14 Iohn Holland , D. of Exet. ✚ 1447 15 Hen. Hol. D ▪ of Exon.     ✚ ✚ ✚ 1474 16 Tho. Grey , Marq. Dorset ▪     ✚ ✚ ✚ 1479 17 Wil. Herb.     ✚ ✚ ✚ ✚ 1529 18 George Lord Hastings , created Earle of Huntingdon by King H. the 8. 1544 19 Fr. Hastings . ✚ 1560 20 Hen. Hastings . ✚ 1595 21 Geo. Hastings .   22 Henry Hastings , now Earle ▪ 1639. KENDALL . KEndall , is the name of a Town in Westm●rland , called also Cand●le , and Kirk by Candals , as being seated in a dale neere the river Can. The Town built in the manner of a Crosse , two long and broad streets crossing one another ; a Town of great resort & trade , especially for woollen cloaths , which they make there in great abundance , and thence vent through all parts of England . This Town hath been an antient Barony , descending from the Talboyses , to the Breoses or Bruces ; by them unto the Rosses of Wark , some of whose line a●tained the title of ● . Rosse of Kendal , so to distinguish them from the Lord Roos of Hamlake ; and so at last unto the Parres , to one of which it gave the title of Baron of Kendall , as it hath done before of E. to others , of more note and eminency ; which are these that follow ,   1 Iohn D. of Bedford , 3 son unot K. H. 4 , Regent of France , and E. of Kendall . ✚     ✚ ✚ ✚ ✚   2 Iohn D. of ●omerset , E. of Kend. ✚     ✚ ✚ ✚ 1446 3 Iohn de Foix , cr . E. of Kend. by K. H. 6 , since which , those of that Family do write themselves ●●rles of Longueville and Kendall .   ✚ ✚ ✚ 1539 4 William Parre Knight , created Lord Parre of Kendall , 30 Henry the 8. March 9 ( created after Earle of Ex. by King Henry the 8. and Marques●e of Northampton by King Edward the 6 the rights and interests of which house are now devolved unto the He●berts , Earles of Pem●roke , descending from the Lady Anne , sister and heire of the said Lord Parre . KENT . KEnt , in Latine Ca●●um , so called as being seated in the Canton or Corner of the kingdome , is a very rich and pleasant Countrey , lying between the T●ames and the narrow Seas . A Contrey very good for corne , and fit for pasturage , according to the severall plots and parts thereof ; and wondrous full of fruitfull and well-ordered Orchards , from whence the City of London is supplied with most sort of fruit . The Villages and Towns stand exceeding thick , bei●g in all 398 Parishes , besid●s lesser Hamlets , which make up the two Diocesses of Canterbury and Rochester . It hath also divers safe Roades , and sure Harbours for ships ; and those exceeding well defended with Forts and Castles . Caesar , when he arrived in k●nt , found here 4 kings ▪ ( for so they cal'd the Chiefes of the principall Families ) and gives this testimony of the people , that they were the most courteous , and civill of all the Britan● . In the declining of whose Empire , Vor●iger gave this Countrey unto the Saxons , who being Heathens , when the rest of the I●●e were Christians , gave an occasion to the Proverb of Kent and Christ●ndome . At that time it was made a Kingdome ; as in the entrance of the Normans it was made an Earldom , and so it hath continued in the p●rsons of these Earles of Kent . 1067 1 Odo B of B●ieux , halfe brother to the Conq. L. Ch. Iust. & L. Tr.     ✚ ✚ ✚ 1141 2 Wil. of Ypre● .     ✚ ✚ ✚ 1227 3 Hub de Burgh ▪ L. Ch Iust.     ✚ ✚ ✚ 1321 4 Edm. of Wood stock , son to K. E. 1. 1330 5 Edm. Plantag . 1333 6 Iohn Plantag .     ✚ ✚ ✚   7 Tho Hol. married the La. Ioane , of Kent , daugh . of Edm. of Wood. ✚ 1360 8 Tho. Holland . 1397 9 Tho. Hol. D. of Surrey . ✚ 1400 10 Edm. Hol. L. Adm.     ✚ ✚ ✚ 1461 11 Wil. Nevill L. Falconbridge .     ✚ ✚ ✚ 1464 12 Edm. Grey , L Rut●yn . L. Tr. cr . E. of Kent by K. Edw. 4.   13 Geo. Grey . 1506 14 Rich. Grey died 1523. 1571 15 Reginald Grey . 1572 16 Henry Grey . 1613 17 Charles Grey .   18 Hen. Gr●y . 1639 19 Anthony Grey , Clerk , Parson of ●urbage in the County of Leicester , grand-child of Anthony , 3 son of George Grey E. of Kent , now living , an●o 1641. KINGSTON . KIngston , is the name of a well known and eminent Town in the East Riding of York-shire , which standing on the mouth of the river Hull , where it doth fall into the Humber , is better known amongst us by the name of Hull . A town indeed of no antiquity , being first built by Edward the ● , who liking the situation of the place , compounded for it with the Abbot of Meaux , ( to whom it formerly belonged ) and there built the town , and caused it to be called Kingston . It rose up in a little time to great reputation ; so that for faire and sumptuous buildi●gs , strong blockhouses , well furnished ships & wealth of trade , it is become the most remarkable town for merchandise in these parts of Eng. Michael de la Pole , the first E. of Suffolk of that Family , being son of Wil. d● la Pole , a rich merchant here ▪ obtained great priviledges for the place , whi●h his successors as they grew in favour , did i●crease and multiply : and in the dayes of H. 6 ●il . E. Marq. and D of Suffolk , procured it to bee made a County incorporate , as our Lawyers phrase it . Of late dayes of a County it became the Earldome , of 1628 1 Rob. Pierrepont , Visc. Newark , cr . E. of Kingston upon Hull , 4. Car. Iuly 25 , who is now living , Ann● 1641. LANCASTER . LAncashi●e , or the County Palatine of Lancaster , was heretofore a part of the Brigants ; and lieth upon the Irish●ea ●ea ▪ to the North of Ch●shire . The ground accounted not so fert●le as in other places , fitter for oates and such leane corne , than wheate or barley . And yet it is observed with all , that in t●ose parts thereof , in which the husbandman is not wanting to it , in cost and labour , that there it yeldeth corne in a very good measure . The ayre ther●of may seem to be very healthfull ; and one would easily co●jecture so by the complexion of the people , which ar● faire and beautifull . And yet the Country is not much inhabited , as in the n●ighbouring shires ▪ about them : there being in so large a quantity of ground , as this shire con●aines , not above 36 ▪ Parishes though indeed many Chappel● of Ease , equall to P●rishes elsewhere for multitudes of people . It takes name from the Town of Lancas●e● , or more truly L●ncaster , seated upon the banks of the river L●nc , whence it had the name ; the Saxons adding Ceaster ( as in other places ) for the ●ermination . The Town not very well peopled , nor much frequented ; and yet of that authority and credit , that it gives name to all the County , and hath obteined this priviledge from K. Edw. the 3 , that the Sessions and Assises should be held in no other place . What Lords and Governours it had in the former times , we regard not here . The first time it became an Earldome , was when K. H. 3 , conferred that title on his 2 son Edm. and it was destin●te to greatnesse in the first foundation ; there being layed unto it at the ve●y first , besides this County , the whole con●iscated estates of the E●rles of Leices●er and Darby , and the B●rony of Monmouth . And into this by marriages accrewed in time , the great estates of Wil. de Fortibus , E. of A●merl● and Lord of Holdernesse , 〈◊〉 , and other goodly lands in Frances ; the Earldome of Lincoln , and good part of that of Salisbury , the Lorships of Ogmore and Kidwelly in Wales , which were once the Chaworths . Iohn of Ga●nt a d●d hereunto the Castles and Honours of Hertford , and Thickhill , and his son B●lling broke a moyetie of the lands of ●ohun ▪ being ● of Here●ord , Essex , and Northampton : so that it was the greatest patrimony ( as I verily thinke ) of any subject Prince in Christendome . Lancaster finally was made a County Palatine by K ▪ Edward the 3 , and hath been hounoured with the●e Dukes and Earles of Lancaster . 1267 1 Edm. ●lantagenet , 2 son of K Hen. the 3 , E. of Lanc. 1295 2 Tho. Plantagenet . 1324 3 Hen. Planta . 1345 4 Hen. Planta . first D ▪ of L.   ✚ ✚ ✚ 1361 5 Iohn of Gaunt son of K. Edw. the 3 married the La. Blanch daughter of H. D. of Lanch : ●399 ● Hen. of Bullingbroke , son of Iohn of Gaunt , after K. of Eng. by whom this County Palatine , and all the lands and honors belonging and incorporate into the Dutchy of Lancaster , were brought unto the Crown of Eng. though governed as an Estate apart , then by its proper Officers , as it continued til the time of K. Edw. the 4 , who did appropriate it to the Crown , and dissolved the former government thereof , to which it was restored again by K. H. 7 , and so still remaineth under the guidance of the Chancellor , and other Officers of the same . LEICESTER . LEicester-shire is a part of the Coritani , and ●ooke that name from Leicester the chiefe town thereof ; a town indifferent large , and of a reasonable handsom building , and as wel●raded as most inland towns that want ( as this ) the benefit of a navigable river . It had once a very faire Collegiate Church within it , & a faire Abbey close unto 〈◊〉 , and a strong Castle therewithall ; but all these the iniquity and inju●y ●f time hath ruined . Only the Hospitall , of all the antient edifices ; stands still undefaced . As for the Countrey hence denominated , it beares corne good pl●nty , but is bare of woods ; the want of which is well supplyed with pit-coale , with which the North part of the Country doth store al the rest . It cō●eineth in the whole 200 Parishes , and of them 12 are market Towns ; the biggest , as in bulke being Leicester , so in title too ; as that which hath beene honored even before the ●onquest , with the stile and reputation of an Earldome ; and hath continued it till now in the names and families of these Earles of Leicester . 1057 1 Algar the Saxon.   2 Edwyn died 1071.     ✚ ✚ ✚ 1103 3 Rob. de Bellomont . 1118 4 Rob. de Bellomont . 1167 5 Rob. de Beaumont L. S●ew . 1190 6 Rob. de Beaum. L. high Stew.     ✚ ✚ ✚   7 Simon de Montf . married Amicia , sister and coheire to the last E. Ro. E. of Lei. and L high Stew. 1239 8 Simon de Mont. L. high St●w .     ✚ ✚ ✚ 1267 9 Edm. E. of Lanc. L. high Stew. 1295 10 ●ho . E. of Lanc. L. high St●w . 1324 11 Hen. ● . of Lanc. L. high Stew. 1345 12 Hen. D. of Lanc. L. high Stew. ✚     ✚ ✚ ✚ 1360 13 Wil of Bavaria , E. of Heinalt married the La. Maud of Lanc.     ✚ ✚ ✚ 1361 14 Io. of Gaunt , D. of Lan. L. Stew. ✚ 1399 15 Hen. D. of Lanc. L. high Stew. ✚     ✚ ✚ ✚ 1564 16 Rob. Dudley , L. Denbigh , L. S. and of the house to Q. E. died , 1588. ✚ 1618 17 Rob Sidney , Vise . Li●le , descended of a sister of the last Rob. E. of Leicest . was by K. Iames cr . E. of Leic. Aug. 2.   18 Robert Sidney now Earle of Leices . Ambassadour extraordinary with the K of France , Anno 1641. LINCOLN . LIncoln-shire antiently belonged to the Core●ani . A very large and spacious Countrey , extending almost 60 miles in length , and some 30 in breadth ; within which compasse are included 630 ▪ Parish Churches , and of them 30 market Towns. It is accounted very kindly ground for the yeeld of corn , and feeding of cattell , and furnished in the lower part thereof with good store of fowle , which from hence are conveied to London in great abundance . It takes name from the principall City , by Ptolomy and Antonin● , called Lindum ; and after by the Saxons Lind●colline , either because it stands on so high an hill ( from the Latine Collis ) or that it had been formerly some Roman Colony . A Town of great renown and strength in the times of the Britans , and in the Normans time ( as saith William of Malmesbury ) it was one of the best peopled Cities of England ; a place of merchandise and traffick for al commers , both by sea and land ; insomuch that 〈◊〉 then Bishop of Dorc●s●er , thought fitting to translate hither his Episcopall see . From this opinion it then had , first began the Proverb , that Lincoln was , London is , &c. The Bishops of Lincoln what and how they were , we have seen already . We will now look a while on the Ea●les of Lincoln . ●140 1 Wil. de Romara , E. of Lincoln .     ✚ ✚ ✚   2 Gilb. de Gaunt . 1216 3 Gilb. de Gaunt .     ✚ ✚ ✚ 1218 4 Randal de Meschines , E. of Che. whose grand-father , halfe brother unto Wil. de Romara , by the mothers side .     ✚ ✚ ✚ 1232 5 Iohn ●acy descended by his mother from E. Randall . 1251 6 Henry de Lacy , whose daughter Alice was married unto Tho. E. of Lancaster , and settled all her lands upon that Family .     ✚ ✚ ✚ 1354 7 Hen. D. of Lanc ▪ * ●361 8 Iohn of Gaunt D. of Lanc. * 1399 9 Hen. of Bullingbroke D. of Lanc. after K. of Eng.     ✚ ✚ ✚ 1467 10 ●ohn de la Pole , son and heire of Iohn D. of Suffolke .     ✚ ✚ ✚ ●525 11 Henry Brandon son and heire of Charl●s D. of Suffolk .   ✚ ✚ ✚ 1572 12 Edward Fenys , Lord Clinton , Lord Admirall , created Earle of Lincolne , by Queen Elizabeth . 1585 13 Hen. Fenys . 1616 14 Tho. Fenys . 1618 15 Theophilus Fenys . now Earle of Lincoln , 1641. LINDSEY . LIndsey is one of the 3 parts of Lincolnshire , ( the other 2 being Holland , which we spake of lately , and Kesteven , not yet become an honourary title , as the others are . It conteineth all the Northerne parts thereof , from the river Witham unto Humber , and from the Ocean to the Trent . Happy above the rest , not in bignesse only ; but that in this part stands the City of Lincoln , the chiefe denominator of the County , which being the antienly called Lindum ( as before I said ) gave to this part the name of Lindsey , for by that name of Lindsey , it is now the Earldome of 1626 1 Robert Bertu , Lord Willoughby of Eresby , and Lord great Chamberlaine of England , created E. of Lindsey , 2 Car. Novemb. 29 , now living , 1641 , MANCHESTER . MAnchester is a good Town of Lancashire , situate on the hithermost part thereof , where it joyneth to the County of Darby . A Town of very great antiquity , known to the Emperour Antonine , by the name of Manc●nium ; part of which name it still retaines . And still it carrieth a good accompt , and far excels the Towns lying round about it , both for the beautifull shew it carrieth , and the resort unto it of the neighboring people , and which allures them thither , the great trade of Cloathing , Manchester Co●tons being famous in all drapers shops . It is remarkable also in those parts for the large Market place , for a faire Church , and for the Colledge : which last being founded first by the Lord De la Ware , was afterwards refounded or confirmed by Qu. Eliz. consisting fo a Warden and certaine fellows , which notwithstanding , it is y●t more famous , in being made the honorary title of 1625 1 Henry Montague , Vise . Mandevi cr . E. of Manch . ● Car. F●● . 7 , b●ing then L President of the Councel , now L. Privy Seale , Anno 1641. MARCH . March is a name of different nature , from the rest before , as being neither Towne nor County . Vnder that name of March or of Marches rather , our Ancestors did comprehend those ba●able grounds between Wales and Eng. for governance whereof , and the repressing of the insolencies of either side , there were certaine Lords and Potent men , whose lands lay nearest to these parts , which were called Lords Marchers , who had great power and jurisdiction in their severall quarters . Amongst these were the Mortimers of Wigmore , men of great authority , who after were advanced above the rest , and made Earles of March. And it continued in that Family , untill it fell by marriage to the house of York ; and so by Edw. the 4 , to the Crown of Eng. Nor was it long before the authority of the Lords Marchers was extinguished quite , by the uniting of Wales to E● . & either making new shires of the said March ground , ( such as are Monmouth , Brecknoch , Radnor , Denbigh and Montgomcry ) or laying it unto the old , for which consult the Act of Parliament 27 H. 8. cap. 26. However the title of E. of March is revived again ; only translated from the house of Mortimer , to that of Stewart ; out of which houses have been successively , these Earles of March. 1327 1 Rog. L. Mortimer of Wigmore . * 1354 2 Roger Morti. 1359 3 Edm. Morti. 1381 4 Rog. Morti. 1399 5 Edm. Morti.     ✚ ✚ ✚   6 Edw. Plantagenet , son of Rich. D. of York , and after K. of Eng. of that name the 4.   7 Edw. eldest son of K. Edw. 4. ●     ✚ ✚ ✚ 1619 8 Esme Steward L. Aubigny , created E. of March 17 Iac. Iun ▪ 7. after D. of Lennox . * 1624 9 Iames D. of Lennox and Earle of March , Anno 1641. * MARLEBVRGH . MArleburgh is a Town in the North-east part of Wilt-shire , seated not far off from the head of the river Kenet : which runneth thence to Hung●rford , and Newbury , and so by Reading into the Thames . The Towne called antiently Cunetio in Antonino's Itinerarium , as the river was : but by the Normans , in whose time this Town revived ( out of the ruines of the old ) it was called Marleburgh , as being seated in a chaulky soyle , which in some places still we call by the name of Marle . A Town stretched out from East to West , upon the pendant of an hill , and had a Castle once belonging unto Iohn , sirnamed Sans t●rre , who afterwards was K. of England which is still famous in our Law books , for a Parliament there held , 52. H. 3 , in which were made the ●tatutes ( from hence called ) of Marleburgh , right necessary for the peace and tranquility of the people , as is affirmed in the preamble unto the same . Our Soveraigne at his Coronation made it yet more notable , in making it th● honour , as it was the neighbour of 1625 1 Iames L. Ley , L. Tr. cr . E. of Marleburgh , 1 Car. Feb 7. 1628 2 Henry Ley.   3 Iames Ley , now E. of Marleburgh , Anno 1641. MARSHALL . THe title of E. Ma●shall is different from the rest of England , all of the which ( the title of Earle Rivers excepted only ) are locall , or denominated from some place ; this only personall : the residue being only honorary , this honorary and officiary , both together . Antiently they that had this office were only Marshals of the Kings house , according as the same is now discharged by the Knights Marshall . But in succeeding times it grew to be a place of great power , and honour ; as it still continueth . At first they had the title of L. Marshall only . Rich. the 2 was the first , who by letters Pa●ents advanced them to the dignity of Earles Marshals , and with all gave them power to beare a staf●e of gold , enammeled black at both ends , with the Kings Armes on the upper end , and their own Armes on the lower ; whereas before that time , the Marsh●ls ; had no other than a wooden staffe , as other the Great Officers have at Court. Before this time , they were L. Ma●shals only , as before I said . For howsoever the title of E. Marshall and Comes Marescallus , doth many times occurre in our antient histories . Yet I conceive that it was only given them then by the cour●esie or curiality of England , because the Office in those dayes was vested in the person of none but Earles ; as by the like mistake or courtesie , we find the title of Comes Seneschallus , and Comes Constabularius in some old Records . the manour of Hamsted Marshall in the County of Berkshire , was held of old by Grand Sergianty of the Kings of England ; conditioned that the Grantees should for ever be the K. Marshals , according as the Offices of Steward , Constable , and Lord High Chamberlaine , in those times were granted . What the authority and jurisdiction is of this great Officer , we regard not here , it being our undertaking only to lay down the names of those ( as many at lest as I have met with in my reading ) which in their severall times have borne the title of Lords and Earles Marshall . 1135 1 Gilbert de Clare , L. Marshal , created E of Pembrok by K. Stephen . Anno 1139. 1149 2 Richard de Clare , sirnamed Strongbow , E. of Pemb. and L. Marsh. died Anno 1176. 1176 3 Iohn , sirnam●d Marshall , fr●m this Office , which was conferred on him by K. H. 2 ▪ upon the death of Rich. E. of Pemb. 4 William Marshall , L. Marshall , the grand-child of the former Iohn , who having married Isabel daug . and heire of Ric. Strongbow , was cr . E ▪ of Pemb. by K. Io. An. 1201 1219 5 William Marshall , the younger , E. of Pemb. 1231 6 Rich ▪ Marsh. E. of Pemb. 1234 7 Gilb Marsh. E. of Pemb. 1242 8 Wal. Marsh. E. of Pemb. 1245 9 Anselm . Marsh. E. of Pemb. 1245 10 Roge● Bigot , E. of Norfolk , L. Marshall , in right of Maud his mother , one of the sisters and heires of the 5 last Marshals . 1269 11 Roger Bigot Earle of Norfolke , whose estate being confiscated to the Crown , came after his decease to the K. hands . 1307 12 Robert de Clyfford , made Lord Marshall by K. Edw. 2 , duran●e benep●acito .   13 Nicolas de Seagrave . 1315 14 Thomas de Brotherton Earle of Norfolk , was in the 9. of Edw. 2. made L. Marsh. 1388 15 Margaret , daughter and heire of Thom. de Brotherton , is often honored with the title of La. Marsh. and was afterwards cr . Dutch. of Norf.   16 Wil. de Montacute .   17 Tho. Beauchamp .   18 Edmund Mortimer , did severally and successively discharge the Office of L. Marsh. but whether as Deputies for the La. Marga. ●●ndum planè constat . 1377 19 Henry Lord Percy , L. Marsh. at the coronation of K Rich. 2.     Earles Marshall . 1383 20 Tho. L. Mowbray , ● . of Notingh . nephew unto the Lady Marg. by her daughter Eliz. was made the first E. Marsh. by K. Rich. 2 , and was after D. of Norfolk . 1398 21 Tho. Holland , E. of Kent and D. of Surrey , was made E. Marsh , upon the banishment of the D. of Norfolk . 1399 22 Tho. L. M●wb ▪ E. of Noting . did on his fathers death ( at Venice ) assume the title of E ▪ Marsh. but the office was exercised by   23 Ralp . Nevill E. of Westmerland , made L. M of En. by K. H. 4. for terme of life , in the beginning of his r●igne . 1412 24 Iohn L. Mowb. brother of Tho. E. M. was by K H 5. restored unto the title of E. of Notingham , and E. M and by K. H. 6. to that of Norfolk . 1432 25 Iohn L. Mowb. D. of Norf. E. Mar.   26 Iohn L. Mo. D. of Nor. & E. M.     ✚ ✚ ✚ 1476 27 Ric. D. of York , 2 son of K. Edw. 4 , was by his Father cr . D. of N. and ● . Marsh. and after married Anne daughter and heire of the last Mow. D of Norfolk . 1483 28 Iohn L. How. descended from the L. Tho. Mow. first D. of Norf. cr . D. of Norf. and E. Marsh. by K. Rich. 3. 1486 29 Wil. L. Berkley , E. of Notingham descended from another daughter of the said first D. of Norfolk cr . E. Marsh. by K. H. 7. and Marq. Barkeley . 1497 30 Hen. D. of York , the 2 son of K. Hen 7. cr . E. M. by his Father , & was after K. of Eng. 1509 31 Tho. How. Earle of Surrey , son of Ioh. L. How. D. of Norfolk , was by K H. 8. cr . first E. M and afterwards restored to the Duk. of Norfolk . 1546 32 Tho. How. D. of Norfolk , and E. Marsh. attainted An. 1546. 1547 33 Edw. Seymour , D. of Somerset , And L. Protector of K ▪ Edw. the 6 , was in the said Kings time cr . E. Marshall . 1553 34 Tho. D. of Norfolk and E Marsh. restored unto his bloud and honours , by Q. Mary . 1554 35 Thomas Howard D. of Nor. and E. Marsh. beheaded , 1571. 1572 36 Geo Talbot , E of Shrewsbury & E. M. died anno 1590. 1597 37 Rob. d'Evreux E. of Essex , and E. Mar. died anno 1601.     ✚ ✚ ✚ 1603 37 Edw. Somerset , E. of Worcester executed the office of Earl Marshall at the Coronation of K. Iames , after which time the Office was a long time executed by Commission . 1621 38 Thomas Howard , Earle of Arundell and Surrey , ( grand son of Thomas , Duke of Norfolk , by his son Philip Earle of Arundell ) was by King Iames created Earle Marshall , as hee still continueth , Anno 1641. MIDDLESEX . MIddlesex is a part of the Trinobantes , lying upon the banks of the river T●ames . A Coun●y not so large as others , but far more remarkable , for sumptuous houses , wel-built villages , a fertile soyle , and temperate aire ; and which addeth most unto it , for the great Cities of London and Westminster , which are seated in it , and for the constant residence of the Court , the Receptacle and aboade of the Kings of Eng. who have made this County happy above others with their Royall mansions . Whitehall , and Hampton Court , Somerset house and S. Iames , still in the possession of the Crown ; Enfeild , and Hanworth , aliened now , have either been the chiefe aboades , or retiring places of our Kings and Princes . In which regard , the Kings of Eng. antiently ( as Camden notes it ) vouchsafed the title of Middlesex unto none , neither D. Marq. E. nor B. although , I know not by what popular error , the Citizens of London reckoned the L. Major elect , for E. of Middlesex . Which whatsoever ground it had , hath none now to stand on , that title being not long since bestowed on 1622 1 Lionel L. Cranfeild . L. Tr. of Eng. cr . E. of Middlesex , 20 Iac. Sep. 17. & now alive , Anno 1641. MONMOVTH . MOnmouth-shire is the neerest shire of Wales , though it desires rather to be accounted a part of England , and is indeed included in the circuit of the English Iudges . It lieth upon the North of the river Sev●n , there where it groweth into a Sea ; the East parts full of grasse and woods , the West somewhat hilly , and stony withall ; yet not unprofitable to the husbandman , if he be not wanting to himselfe . It takes name from the chiefe Town Monmouth , and that from being seated on the mouth of the River Mu●ow , there where it shootes into the Wye . It was the Barony once of Iohn L. of Monmouth , on whose attaindure it was setled in the house of Lancas●er ; from whom it after did receive great priviledges and immunities , which they still enjoy . Henry the fift , son unto King Henry the fourth ( the first of the Lancastrian Family ) was in this place borne , ( which shewes that noble Family so highly prized it , to make it their dwelling ) and was from hence called Henry of Monmouth . That one particular enough , to renown the place ; and therefore we shall adde no more . It is b●longing still to the house of Lancaster , as to the possession , being dependant on the Dutchy ; and not much aliened from it as unto the title : the Caries , which derive themselves from Lancaster , by the line of Somerset , being now honoured with the title of Earles of Monmouth . 1625 1 Robert Lord Cary of Leppington , created E. of Monmouth , ● Car ▪ Feb. 7. 1639 2 Robert Cary now Earle of Monmouth , now living , Anno 1641 , MONTACVTE . MOntacute is the name of a very antient & illustrious Family , so called from Montacute , a sharp ●ill in the South parts of Somerset● shire , between Evill and Martok . The place called Biscopeston by the Saxons , but by the E. of Moriton brother by the mothers side to William the Conquerour ( who built a Castle on the top of it ) it was called Montacute . It afterwards gave name to that noble Family ( as before I said ) who being Lords hereof came after to be Earles of Salisbury ▪ and since in other Families ( but descending from them ) hath been the honorary stile and appellation of these Marq. Lords & Visc. Montacute . 1461 1 Iohn Nevill , grandchild of Thom. Mont●cute , E. of Salis cr . L. Mon. 1 Edw. 44. and after Marq. Monta. Anno 1470.     ✚ ✚ ✚ ✚ 1504 2 Hen. Pole , great granchild . of Rich , Nevill , the elder brother of the said Iohn L. Mont.     ✚ ✚ ✚ 1553 3 Antho. Brown descen . from the La. Lucy , daugh ▪ of Ioh. Mar. Mont. cr . Visc. Mont. 1 Ma● . Sept. 2. 1592 4 Anth. Brown Visc. Monta.   5 Anth. Brow. now living , An. 1641. MONTGOMERY . MOntgomery-shire is one of the new shires of Wales , taken out of the March-grounds by K. H. 8. Anno 27 ; of his reigne , so called ●rom the Town and Castle of Montgomery , & that from Roger de Montgomery a noble Norman , Earle of Shrewsbury , who winning much ●and herabouts from the Welch , first built it to secure his Conqu . It standeth not for from the banks of the river Severne , upon the rising of a rock ; from whence it hath a very free prospect into a pleasant plaine that lyeth beneath it . The Family of the Herberts is very much diffused , and of great authority in this Country ▪ out of which Family 1605 Philip Herbert 2 son of Hen. Earle of Pembrok , was cr E. of Montgomery 3 Iac. May 4 , and is now also E. of Pembrok and L. Cham. An. 1641. MOVLGRAVE . MOulgrave is an antient Castle in the north riding of York-shire , situate neare unto the sea , and not far from Whitbay . First built it was by Peter de Mouley , ( or de malo lacu , in the Latine ) in the time of Rich. 1 , and being in his eye , a very beautifull pile , was by him called Moult-Grace , but being a greivous yoke to the neighbour inhabitants , was by them called Moult-grave , by which name , and no other , now the world takes notice of it . It continued in his line for seven generations , and all of them called Peters too : and then the issue male failing , it passed through severall Families by the heires generall , and now belong●th to the Sheffeilds ; out of which house 1625 1 Edm. L. Sheffeild L. President of the North , was cr . E. of Moulgrave , 1 Car. Feb. 7 , and is still alive , Anno 1641. NEWCASTLE . NEw-Castle is the hithermost town of all Northumberland , and the chiefe of the North ; seated upon the further banke of the river Tine , which is there so deep , and well fenced withall , that it giveth a very safe station to the tallest ships . It standeth on the declining of a very steep hill , adorned with 4 Churches , fortified with strong wals , & beautified with goodly buildings . A town of very great resort , especially by reason of the trade of Sea cole , which is conveyed hence to all parts of the Kingdome , and many other parts of Christendome . It rose out of the ruines of old Gabrosentum : and had this new name from a Castle built by Robert son of Wil. the Conq. And thriving by the benefit and entercourse of trade , became at length of such reputation , that by K. H. 6. it was made a County incorporate , as we use to say ; and finally thought worthy to give the honour of an E to 1623 1 Ludowick D. of Lennox and E. of Richmond , cr . E. of Newcastle , 2 Iac. in May.     ✚ ✚ ✚ 1627 2 Wil. Cavendish , Visc. Mansfield , cr E ▪ of Newcastle , 3 Car Mar. 7. Now Gover. and Gent. of the Bedchamber of the Prince his high . A. 1641 , NEWPORT . NEwport is the chiefe Town of the Isle of Wight , called in times past Medena , afterwards Novus burgus de Meden , and by us now , Newport . A Town well seated and much frequented , and withall populous in it selfe ; which most ariseth from the benefit of a little haven capable of vessels of the smaller burden , which com● up to the very key . For government within , it hath a Major and Burgesses , being made a Corporation by K. Ia●es , and for a further lustre to it , in the world abroad , it pleased our Soveraigne L. K. Charles , to create 162● Montjoy Blount , Lord Montjoy , E. of Newport , 3 Car. Aug. 3 , who is now Master of the Ordnance , and of the Counsell for warre , Ann● 1641. NORFOLK . NOrfolk is the greatest County of Eng. next to Yorksh. but far 〈◊〉 populous than that ; as comprehending in the whole 660 Parish Churches , of which 27 are market towns . It antiently was a part of the Iceni , and next the Northern part of the Kingdome of the East-Angles , from whence it had the name of Northfolk , as hath the Southern people of it , the name of Southfolk . The soyle according to the variety of places is of different nature ; in some fat , rank , and full of moysture ; in others very light and sandy : yet so that one contributing unto the other , and the sea giving help to both , it is very plentifull country for corne , sheep , and fish . The people notably industrious both for plough and manufactures ; insomuch that one shall hardly see a begger throughout all the Countrey : And yet ( which makes the merveile much the greater ) they are notable wranglers , well versed and studied in the quirks of Law , and consequently create more work for the Assises , than almost all the circuit else . But then it is observed withall , that this disposition hath brought some reputation with it , as furnishing the Courts of Ius●ice with many an eminent man in the laws of Eng. and yeelding generally the best breed of Lawyers . It is observed , by a great antiquary of this Kingd . that in this County are ●oo Families of antient Gentry , which never were attainted of high treason , which if it be true , the Gentry of Norfolk have had better fortune than the Dukes and Earles . 1070 1 Ralph . de Ware , E. of Norf.     ✚ ✚ ✚ 1137 2 Hugh Bigot . 1177 3 Rog. Bigot .   4 Hugh Bigot . 1125 5 Rog. Bigot . 1270 6 Rog. Bigot .     ✚ ✚ ✚ 1312 7 Tho. de Brotherton , first son of K. Edw. 1 , E , of Norf. 1398 8 Marga. daugh . of Tho. of Brotherton , Duch. of Norf.     ✚ ✚ ✚ 1398 9 Tho. L. Mowbray son of the Lad. Marg. D. of Norf. * 1427 10 Iohn Mowb. * 1434 11 Iohn Mowbray . * 14●1 12 Iohn Mowbray . *     ✚ ✚ ✚ 1475 13 Rich. D. of York , & Norf. *     ✚ ✚ ✚ 1483 14 Iohn L. How. descended from the Lad. Margaret daugh . of Tho. 1 D. of Norf. died 1486. * 1512 15 Tho. How. L. Tr. and Adm. * 1524 16 Tho. How. L. Tr. * 1554 17 Tho. How. last D. of Norf. died 1572. NORTHAMPTON . THe County of Northampton , is situate almost in the very mid●le and heart of Eng. A Champion Countrey for the most part , exceeding populous , and ●o replenished with Townes and Churches , ( being in all 326 , whereof 10 are markets ) that in some places there are 20 or 30 steeples to be seen at once . The soyle exceeding fertile both for tillage and pasture , maintaining numerous flocks of sheep , and herds of cattell ; but somewhat destitute of woods . It takes name from North●●pton , the chiefe towne thereof , seated upon the river Nen ; which antiently called A●fona , but corruptly Antona , bestowed this name upon the town , being indeed built on the Northern bank . A town which for the beauty and circuit of it , may be well ranked with many Cities of the Kingdome : and heretofore so safe and sure by reason of the strong wals , ( from whence there is a goodly prospect into all the County ) & a strong Castle , now demolished ; that once the students of Cambridge had a purpose to remove their Vniversity unto it . This strength however made it obnoxious to some disadvantage , as being a place much aimed at in our Civill wars , and many a battaile fought about it , Yet never were the times so turbulent ▪ or the place so dangerous , but that there were some persons of superior ranke , who did affect the name , and enjoy the title of Earles and Marq. of Northampton .   1 Walt. E. of Huntingdon .     ✚ ✚ ✚   2 Simon de Senlis married Maud daugh . of Waltheof . 1153 3 Simon de Senlis .   4 Sim d● Senlis .     ✚ ✚ ✚ 1337 5 Wil. de Bohun . 1360 6 Humf. de Boh. who being after E. of Hereford , added this title 10 that house , from whom it came unto the Staff. D. of Buck.     ✚ ✚ ✚ 1547 7 Wil. L. Parre , Marq.     ✚ ✚ ✚ 1693 ● Hen. How. brother of Tho. la●t D. of Norf. L. Pr. Seale     ✚ ✚ ✚ 1618 9 Wil. L. Compton , cr ▪ E. of Northa . 16 Iac. Aug. 2. L. Pres of Wa. 1630 10 Spencer Compton , now E. 1641 , NOrthumberland is a more contracted name now , than in former times . Heretofore it included all the Countries on the North of Humber , possessed of old by the B●igan●●s , and the Ottadini , now only the extreame a●d most northerne part , betwixt the rivers of Tine and Twede , all which the Oltadini once inhabited . The aire exceeding sharp and piercing , as being often visited with boystrous winds , hard frosts , and tedious snows ; to remedy which it yeelds abundance of sea-coale for fuell , and at very cheap rates . The soyle in generall neither fertile for corn or pasturage , as being for the most part exceeding rough and very hard to be manured , only in some parts towards the sea , by the late industry of the ploughman , and benefit of sea-weed , wherewith they do improve their ground , it is become indifferent fruitfull . The Countrey meanly populous , and but ill inhabited , partly by reason of the barrennesse of the Country , as before is said , and partly for the bad neighbourhood of the Scots , as commonly it is in March-lands or frontier countreyes . In this regard , it had almost as many Castles for defence of themselves ▪ as is Parish Churches for the service of God , there being 26 of the one , and but 46 of the other ; but then withall the P●●●shes were and are exceeding large , and have many Chappels of ease perteining to thē , which inconvenienc● of the soyle & seat may possibly have beene the reason why the possession of it held not long in any Family ( although the title and possession of it had been given to many ) untill the Percyes : who not without some interruption too , have continued long . By reason of which intermixture of severall Families ; it hath given to those Families the severall titles of Duke , and Earles of Northumberland . 1065 1 Morcar . E. of Northumb.     ✚ ✚ ✚ 1071 2 Gospatrick .     ✚ ✚ ✚ 1072 3 Waltheof . E. of Huntingd.     ✚ ✚ ✚ 1076 4 Walcher Bish of Durham .     ✚ ✚ ✚ 1086 5 Rob. de Mowb. devested 1095.     ✚ ✚ ✚   6 Hen Pr. of Scotl.   7 William K of Scots .     ✚ ✚ ✚   8 Hugh . Pudsey B. of Durham .     ✚ ✚ ✚ 1377 9 Hen. Per. L. Const. 1414 10 Hen , Percy . 1455 11 Hen. Percy . 1461 12 Hen. Percy .     ✚ ✚ ✚ 1465 13 Iohn Nevill , L. Monta. cr . E. of Northumb. by K , Edw. 4 , who after 6 yeares resigned it to the said Hen. Percy .     ✚ ✚ ✚ 1489 14 Hen. Percy . 15 Hen. Percy died 1537.     ✚ ✚ ✚ 1551 16 Iohn Dudley E. of Warwick , and L. Adm. D. of Northumb.     ✚ ✚ ✚ 1557 17 Tho. Percy , E. of Northumb. 1574 18 Hen. Percy . 1585 19 Hen. Percy . 1633 20 Algernon Percy , now E. of Nort. and L. Adm. 1641. NORWICH . NOrwich is the chiefe City of Norfolk , and took that name as did the County , from the Northern situation of it . It standeth upon the river of Yare , which runs thence to Yarmouth , lying out in length a mile and an half ; not above halfe so much in breadth , and in that space conteineth about 30 Parishes ; well walled about with many a turret , and 12 gates for entrance . A City which for faire buildings , and resort of people , the painefull industry of the common ●ort , the great humanity of the richer , and the firme loyalty of all , in seditious times , may justly be accounted the 3 of England . Amongst the buildings those of speciall note ( next unto their Churches ) are the 2 Palaces of the D. of Norfolk , and earles of Surrey . And for the wealth and opulence , which it now enjoyeth , it standeth much indebted to the Net●erlanders , who flying from the D. of Alva , and the Inquisition , brought with them the making of baies and sayes and other manufactures ; whereby the poore are set on work , and the rich grow pursie . A place that hath been honored long with a see Episcopall , but neve● made a title of Civill honour , till 1626 Edw. L. Denny of Walthan was cr . E. of Norwich , a Car. Aug. 24. Mort sans issue masle . NOTTINGHAM . NOttinghamsh ▪ antiently was a part of the Coritani , well watred with the river of Trent , and many other pleasant streames . The people generally divide it into the sand , and the clay ; that being the E. part , taking up the forrest of Sherwood , famous for Rob. Hood , and his companions , this being the South , and Eastern part , more fruitfull , and more fit for corne ; and throughout well furnished both with wood and coale . It conteineth in it 168 Parishes , of which the chiefe , and that from whence the shire takes name is Nottingham . A Town well seated on the Trent , though very high up on an hill which overlookes it : for buildings , and faire streets , and a spatious market place , not giving way to many Cities . But that which gave the greatest ornament unto it , was indeed the Ca●●le , a Royall and magnificent building , which for strength , statelinesse , and command of prospect , may justly challenge the precedency of the best in Eng. Of Mortime●s hole there , who was hence haled to his executiō , and of the long imprisonment which David K. of Scots here suffred , the people are as good as a common Chronicle , and intermixe too , not afew Fables with the truth of story . But that which we have good record for , without fraud or fiction , is that it hath af●orded in successive Ages , these Lords and Earles of Nottingham .   1 Wil. Peverell , L. of the honour of Nottingham .   2 Wil. Peverell , L.     ✚ ✚ ✚ 1141 3 Rob. de Ferrers , married Margar. daughter of Wil. Peverell .     ✚ ✚ ✚   4 Iohn , after K. of Eng.     ✚ ✚ ✚ 1377 5 Iohn L. Mowbray . 1382 6 Tho. Mow. E. Mar. after D. of Nor. 1400 7 Tho. Mow. E. M. and D. N. 1405 8 Iohn Mow. E. M. and D N. * 1432 9 Iohn Mow. E. M. and D. N. * 1461 10 Iohn Mow. E. M and D. N. *     ✚ ✚ ✚ 1475 11 Rich. D. of York , 2 son of K Edw. 4 married the La. Anne , sole child of Iohn D of Norf. *     ✚ ✚ ✚ 1483 12 Wil. L. Berkley descended from the L Isab. daugh . of Tho. 1 D. of Nor. & E. of Nott. 1597 13 Charles L. How. of E●●ing . & L. Adm. de●cended by the house of Nor. from the Mow.   14 Charles How. now E. of Nottin . Anno 1641. OXFORD . OXford-shire is a part of the Dobuni , situated North-ward of the Thames , which parteth it all along from Berkshire . A plentifull and fruitfull Countrey , wherein the plaines are garnished with cornefields and meadows , the hils well covered with woods and the downes with sheep , and wanting in no kind of pleasure , which either hawke or hound can afford a Gentleman . It conteines in it , being no great circuit , 270 Parish Churches , and 10 market townes , the chiefe of which in name and beauty , giving denomination to the County , is the famous City and Vniversity of Oxford . A faire and goodly City , both for site and building ; whether one look on the magnificence of the publique structures , or the compacted uniformity of private houses . And sure it may be said without immodesty and heard without dislike or envy , that for the statelinesse of the Schooles and publique Library ; the bravery and beauty of particular Colledges , all built of faire and polished stone ; the liberall endowments of those houses , and notable incouragements of industry and learning in the salary of the Professors in most Arts and Sciences ; it is not to be parallelled in the Christian world : and for the number of her studens , and the well ordering of those Students by good laws and ordinances , not to be equalled by any but her sister Cambridge . From whence it had the name of Oxford , is adhuc sub judice : whether of Vadum Isidos , the ford of Ouse or Isis , on whose banks it stands , and so called Ousford ; or Vada boum , the ford of Oxen ( as the Greeks had their Bosphori in former times ) I determine not . Suffice it that this name is very antient , and that it antiently hath beene an Vniversity or seat of learning ; in which respect , it hath co-evity with that of Paris , if not priority above it , as being refounded by K. Alf●ed , Anno 806 , after it had been overborne a while by the Danish fury . Colledges it conteine●h in all 18. Hals for students 6 , and about 13 Paris● Churches . It is moreover a see 〈◊〉 and it hath withall received no small honour from the noble 〈◊〉 of the Veres , who now for 20 generations 〈◊〉 been Earles of Oxford . 1067 1 Edgar Atheling .     ✚ ✚ ✚   2 Aubrey de Ver● , L. high Chamb. 1146 3 Aubrey de Vere , L. high Ch. 1214 4 Rob. de Vere , L. high Ch. 1233 5 Hugh de Vere , L. high Ch. 1263 6 Rob. de Vere , L. high Ch. 1295 7 Rob de Vere , L. high Ch. 1331 8 Iohn de Vere , L. high Ch. 1358 9 Tho. de Vere ▪ L high Ch. 1310 10 Rob. de Vere , D. of Ireland . 1393 11 Aubrey de Vere . 1400 12 Rich. de Vere . * 1415 13 Iohn de vere . 1462 14 Iohn de Vere , L. high Ch. * 1512 15 Iohn de Vere , L. high Ch. 1526 16 Iohn de Vere . * 1539 17 Iohn de Vere , L. high Ch. 1562 18 Edw de Vere ▪ L. high Ch. 1604 19 Hen. de Vere , L. high Ch. 1624 20 Rob. de Vere . 1632 21 Aubrey de Vere , now Earle of Oxon , 1641 ▪ PEMBROKE . PEmbrok-shire was inhabited of old by the Dimetae , a Countrey quite surrounded by the Sea , save where it joyneth unto Cardigan and Carmarthen shires : A Countrey plentiful in corne and Cattell , not destitute of pit-coale ; and which is far above the rest ( as Giraldus tels us ) considering that it is so neare to Ireland , of a temperate and wholesome Aire . It conteines in it 140 Parish Churches , and 5 Markets ; that which is most of note being Milford , renowned for its safe and capacious haven . But that from which it takes denomination , is the town of Pembrok , seated upon a forked arme of Milford haven , and in the best part of all the Countrey . A town consisting principally of one long street on a long narrow point of rock ; and hath within the wals there of , two Churches . The Earles hereof in former times were County Palatines , and passed al things that concerned that County under the seale of the Earldom . And it continued so untill the reigne of H. 8. when as Wales was reduced to England , and the authority of the great Lords there , dissolved by Parliament . Since which the Earles of Pembrok have been meerely titular , as of other places , and of each sort were these in their severall Ages , the Marq. and Earles of Pembrok . 1139 1 Gilb. de Calre . 1149 2 R●c . de Clare , sirnamed Strongbow .     ✚ ✚ ✚ 1199 3 Wil. Mar. married Isabel , daughter and heire of Rich Strongbow . 1219 4 Wil. Marsh and L. chiefe Iustice. 1231 5 Ric. Marsh. 1234 6 Gilb. Marsh. 1242 7 Walt. Marsh. 1245 8 Anselm Marsh.     ✚ ✚ ✚ 1247 9 William de Valence halfe brother to King Henry the 3 whose wife was daughter of a sister of Ans. Marshall . 1296 10 Aymer de Valence .     ✚ ✚ ✚ ✚ 1341 11 Lawrence Hastings , who married the Lady Isabell de Valence . 1348 12 Iohn Hastings . * 1373 13 Iohn Hastings .     ✚ ✚ ✚ 1414 14 Humf. D. of Glocester .     ✚ ✚ ✚ 1447 15 Wil. de la Pole ; D of Suff.     ✚ ✚ ✚ ✚ 1452 16 Iasp. of Hatfeild half brother to K. H. 6 , after D. of Bedf. *     ✚ ✚ ✚ 1468 17 Wil Herbert . * 1469 18 Wil. Herbert .   ✚ ✚ ✚ 1479 19 Edw. Prince of Wales , son of K. Edw. 4.     ✚ ✚ ✚ 1532 20 Anne Bolen , Marchionesse . of Pemb. wife of K. H. 8.     ✚ ✚ ✚ 1551 21 Wil. Herb. L. Steward , crea . E. of Pemb. by K. Edw. 6. * 1570 22 Hen. Herbert . * 1601 23 Wil. Herb. L. Steward and Chan. of Oxon. * 1630 24 Philip Herb. now E. of Pembrok and Montgom . and L. Chamberlaine , 1641. * PETERBVRGH . OF Peterburgh , as it is an Epi●copall see , we have spoke already and have not much to adde of it , as it hath the title of an Earldom . It standeth in the very nooke or angle of Northampton-shire , where formerly had been a gulfe or whirle poole of exceeding depth : but made firme ground by Wolpher K. of the Mercians , when with great paines and diligence , he laid the foundation of the Church . A Town , but for the Church , of no great note , as standing out of the way for trade and traffick , and seated in no plausible place , whether one look to health or pleasure . Yet by occasion of the Abbey in the former times , and now by reason of the Bishop there ; it drawes resort of people for dispatch of businesse , hath a large marketplace , a faire Parish Church , and 2 handsome streets . Of late unto the Ecclesiasticall relation of it is joyned an honourary , it pleasing he Kings Majesty that now is , to create 1627 Iohn L. Mordant , E. of Peterburgh , 3 Car. March. 9. who now enjoyes that title , Anno 1641. PORTLAND . POrtland , was once a little Island , but now adjoyneth to the mainland of Dorset-shire , lieth full against the good town of Weymouth , and seemes to take th●s name from Port , a noble Saxon , who about the yeare 703 infested and annoyed these Coasts , and made here his station . It is not above 7 miles in compasse , and very scatteringly inhavited ; but plentifull enough of corne , and good for pastures . On the East side it hath a Church on the North a Castle , which seems to guard the entrance of Weymouth haven . But however it was in former times , it is now remarkable , it gave and gives the stile of Earle , 1632 1 Richard Lord Weston , L. high T● created Earle of Portland , Feb. 15. 8 Car. 1635 2 Hier. Weston now E. of Portland , Anno 1641. RICHMOND . RIchmond-shire is no County of it selfe , but a part of York-shire lying towards the North-west , with rugged rocks and swelling mountaines , whose sides in some places beare good grasse , the bottomes underneath not being unfruitfull ; and in the hils themselves are found good mines of lead and pit-coale . The chiefe Town of the whole is Richmond , of a small circuit in the wals , but by reason of the Suburbs lying out in length , very well peopled and frequented . A Town first built by Alane E. of Bretagne , the first E. here , after the entrance of the Normans , who fenced it with a wall and a most strong Castle , the better to assure these parts against the English , and having finished the same according to his own content , gave it the name of Richmount , as a place equally participating of strength and beauty . It standeth on the banks of the river of Swale , which with a mighty noise runneth underneath it : A River reputed very sacred by antient English , for that in it , Paul●nus the first Archb. of ●orke baptized in one day above 100●0 men , besides women and children . The Earles of Bretagne for a long time together continued in the title and possession of this Cou●trey : Since it hath been bestowed upon other Families , who in their severall times have been adorned with the stile of Dukes and Earles of Richmond .   1 Alan the Red , E. of Bretagne . 1093 2 Alan the black , E. of Breta .   3 Steph. E. of Bret. 1104 4 Alan E. of Bret. 1166 5 Conan D. of Bret.     ✚ ✚ ✚ ✚ 1170 6 Geof . Plantag ▪ son of K. H. 2 , married Const. daught . of Conan . 1186 7 Arthur , the son of Geof .     ✚ ✚ 1201 8 Guido , Visc. of Touars , 2 husband of Constance .     ✚ ✚ ✚   9 Randolph of Chester , 2 husband of Constance .     ✚ ✚ ✚   10 Peter of Dreux , D. of Bret.     ✚ ✚ ✚ 1241 11 Pet. of Savoy unckle to Qu. Eleon . wife of H. 3.     ✚ ✚ ✚ 1268 12 Iohn de Dreux , D. of Bret. 1305 13 Iohn de Dreux , D. of Bret.   14 Iohn de Bret. E. of Richm. 1334 15 Iohn de Dreux , D. of Bret.   16 Iohn de Montf . D. of Richm.     ✚ ✚ ✚ 1341 17 Iohn of Gaunt , after D. of Lanc.     ✚ ✚ ✚   18 Iohn de Montf . sirnamed the valiant , D. of Bret. and E. of Rich.     ✚ ✚ ✚   19 Ralph Nevill , E. of Westm. cr . E. of Rich for term of life . *     ✚ ✚ ✚ 1425 20 Iohn D. of Bedford . *     ✚ ✚ ✚ 1452 21 Edm. of Haddam , halfe brother to K. H ▪ 6.   22 Hen. E. of Rich. after K. of Eng.     ✚ ✚ ✚ 1525 23 Hen. Fitz-Roy base son of H. 8. D. of Rich. and Somerset , L. Adm. *     ✚ ✚ ✚ 1613 24 Lodow. D. of Lennox , crea . E. of Richm. 11 Iac. Oct. 9. and after D. of Rich. 1623 , May , L. Stew. RIVERS . THe title of Earle Rivers is of different nature from all the rest of England , those being locall ( that of E. Marsh. excepted ) and this nominall : those taking their denomination from some speciall place , and this from an illustrious Family . The antient name was Redve●s , or de Ripariis , thence it came to Rivers . At first they were but Barons of Plimpton in the County of Devon ; after they came to bee Earles of Devonsh . which title 8 of them enjoyed successively , and then the masculine issue failing , the name and patrimony both were lost amongst the females or heires generall . From some of these , as I conjecture , came S. Rich. Woddeville , whom first K. H. 6. advanced unto the honourable title of L Rivers , and after Edw. 4. marrying his daughter , advanced him higher , and made him E. Rivers . Which title ending in the 3 E. of this name and Family , was since again revived in the honourable houses of Darcy and Savage , this last deriving a descent hereto by the line of Worcester , & Huntington , from one of the daught . and coheires of the first E. Rivers , whom and his successors take in order , thus 1466 1 Rich Woodville , L. Tr. and L. Con. father of Qu. Eliz. wife of Edw. 4 1469 2 Ant. Wood. 1483 3 Rich. Wood.     ✚ ✚ ✚ 1626 4 Tho. L. Darcy Visc. Colch . cr . E. ●●vers . 2 Car. Nov. 4. 1639 5 Iohn Savage , son of Tho. Visc : Sav. and Eliz. his wife , eldest daught . and one of the coheires of Tho. E. Riv. by vertue of a speciall entaile in the said creation , succeeded him in the titles of Earle Rivers , and Visc. Colchester , is now living , 1641. RVTLAND . RVtland , for quantity , is the least Country of Eng. for quality not inferior to the very best , as being a pleasant and fruitfull Countrey , especially about the vale of Catmosse . The earth thereof is generally very red of colour , so red that even the fleeces of the ●heep are coloured with it ; in which regard it had the name of Rudland ▪ the Saxons calling that Rud , which we now call Red , as we retaine the use of Ruddy still , in the selfe-same sence . Heretofore it was reckoned for a part of Northampton-sh . not made a County till of late ; and now again is laid unto Northampton-sh ▪ the better to make up a Diocesse for the see of Peterburgh . It contineth in it but 48 Parish Churches in the whole ; the chiefe of which are Vppingham and Oakham , two small market towns , of which the last is the shire town for the Assises , Sessions , and all publique businesses . Yet small and little though it be , can shew the seats and titles of 4 Parliamentary Barons ; and besides that hath honored many a noble person with the name and title of Earles of Rutland . 1390 1 Edw. Planta . eldest son of Edm. of Langley D. of York . *     ✚ ✚ ✚   2 Edm. Plantage . 2 son of Rich. D. of York .     ✚ ✚ ✚ 1525 3 Tho. Mannours , L. Roos descended by the La Anne his mother from the said Rich D. of York , cr . E. of Rutland by K. H. 8. * 1543 4 Hen. Man. * 1563 5 Edw. Man. * 1586 6 Iohn Mann . 1587 7 Rog. Man. 1612 8 Franc. Man. 1632 9 Geor. Man. 1641 41 Iohn Man. now Earle of Rutland , 1641. SALISBVRY . SAlisbury is the chiefe City of Wil●sh . antiently called Sorbio●unum , which name it held untill the entrance of the Saxons , who gave new names and laws to all parts of Eng. ●t was at first seated high upon an hill , as being a place designed for strength and war , yet honored for a while with a Bishops see , and a faire Cathedrall . But the Bishops and the Clergy finding no good quarter amongst the Souldiers , which were there in garrison , and being destitute of water on so dry an hill ; about the time of Rich. 1 , began to leave it , and plant themselves down lower by the water side . Being once setled there , and raising a new Minster for Gods publike service , the people also followed after , and left old Sarum to it self , which in short space became so totally deserted , that now the ruines of it are hardly visible . But for new Salisbury , that grew up presently into great renown , plea●antly seated on the river , which watreth every street thereof , and for the populousnesse of the place , plenty of provision , a spacious market place , and a faire Townhall , is esteemed to be the second City of all this Tract . And which addes no small lustre to it , a place that hath been very fortunate in those eminent persons , on whom the Kings of England have bestowed the title of Earles of Salisbury .   1 Patrick d'Evreux . 1168 2 Wil. d'Ev.     ✚ ✚ ✚   3 Wil. Long-espee , base son of K. H : 2 who married Ella , daughter of Wil. d● Ev. 1225 4 Wil. Long-espee .     ✚ ✚ ✚ 1333 5 Wil. de Montacute . * 1343 6 Wil. de Mont. 1396 7 Iohn de Mont. 1400 8 Tho. de Mont. *     ✚ ✚ ✚ 1428 9 Rich. Nevill , who married Eleanor daughter of Th. Mont. L. Ch. * 1460 10 Rich. Nevill , E. of Warwick . *     ✚ ✚ ✚ 1472 11 Geo. D. of Clarence , who married Isab. daugh . of Rich. E. of War. *     ✚ ✚ ✚ 1477 12 Edw. eldest son of K. Rich. 3. and Anne , the 2 daugh . of Rich. Nev.     ✚ ✚ ✚ 1514 13 Marg. daugh . of Geo. D. of Clar. cr . Countesse of Salis● . by K. H. 8.     ✚ ✚ ✚ 1605 14 Rob. Cecil , Visc , Cranborn , cr . E. of Salisb. 3 Iac. May 4 , L. Tr. * 1612 15 Wil. Cecil now E. of Salisbury , and Captain of the Pensioners , 1641. * SHREWSBVRY . SHrewsbury is the principall town in Shropshire , called by our Ancestors the Saxons Scrobbesbyrig , for that it was of old a very thicket of shrobs . A place that rose out of the ruines of old Vriconium , seated not far off ; but grew not into any great request till the Norman Conquest . The town stands nea●ly on a hill , and is almost incompassed round by the river Severn : that part thereof which is not fenced by the River , being fortified with a very strong Castle built by Roger de Montgomery , the first E. hereof . A faire and goodly Town it is , well traded and frequented by all sorts of people both Welch & Eng. by reason of the trade of cloth , and other merchandise ; this being the common mart or empory between Wales & Eng. It standeth in the very midst or center , as it were , of the whole County , which generally is inferiour unto none about it , for delight and plenty ; and for the number of Townes and Castles ' standing exceeding thick on every side ( as having formerly been a frontier-Country ) very far above them . It belonged antiently to the Cornavii , and presently on the Norman Conquest , was bestowed on Roger de Montgom . whom before I spake of , who and his successors , and since them the honorable Family of the Talbots , enjoyed the stile and title of Earles of Shrewsbury . 1067 1 Rog. de Montgomery . 1093 2 Hugh de Montg . 1098 3 Rob. de Montg .     ✚ ✚ ✚ 1442 4 Iohn Talbot Marsh. of France , cr . E. of Shrewsbury by K. H. 6. * 1453 5 Iohn Talbot , L. Tr. * 1460 6 Iohn Talbot . 1473 7 Geo. Talbot . * 1541 8 Francis Talbot . * 1559 9 Geo Talbot . * 1590 10 Gilb. Talbot . * 1616 11 Edw. Talbot . 1618 12 Geor. Talbot . 1630 13 Iohn Talbot , now E. of Shrewsbury , 1641. SOMERSET . SOmersetsh . antiently was inhabited by the Belga . A Country of a fertile soyle , hoth for corne and pasture , exceeding populous ●as comprehending in the whole 385 Parish Churches , whereof 33 are market towns ) & furnished also with commodious havens for trade and traffick . A Country howsoever pleasant in the Summer season ; yet in the Winter time so deep & miery , that it is scarce passable ; from whence the people have a proverb , that it is bad for the Rider , but good for the abider . Yet in some parts the●eof , those specially which are towards Wiltsh . it is both hilly and stony ; but in the bowels of those hils , particularly in those of Mendip , they find rich veines of lead , to the great enriching of the Country , and benefit to all the Kingd . It took this name from Somerton , once the most famous and considerable in all the County , now a small market Town of no note nor credit , but for a faire of Cattell which is kept there yearely ; in which respect Ass●rius calls it , Comitatum Somertunensem , or Somertonsh . But by the name of Somerset it is now best known , and by that name hath given the honorary title of Dukes , and Earles to   1 Wil. de de Mohun , E.     ✚ ✚ ✚   2 Wil. Long-espee , E. of Salisb. and Somerlet .     ✚ ✚ ✚   3 Reginald de Mohun .     ✚ ✚ ✚ 1396 4 Iohn Beaufort eldest son of Iohn of Gaunt by his 3 wife , E. 1409 5 Henry Beauf. 1419 6 Iohn Beauf. D. of Somer . 1442 7 Edm Beauf. E. and D. 1454 8 Hen. Beauf. D. 1462 9 Edm. Beauf.     ✚ ✚ ✚ 1499 10 Edm. 3 son of K. H. 7.     ✚ ✚ ✚ 1525 11 Hen. Fitz-Roy , base son of K. H. 8. D. of Somer . & Rich.     ✚ ✚ ✚ 1546 12 Edw. Seym , L. Pro. of K. E. 6. D.     ✚ ✚ ✚ 1614 13 Rob. Carre , Visc. Rochester , cr . E of Somer . 12 Iac. now living , 1641. SOVTHAMPTON . SOuthampton is the 2 Town of Hamp-shire , in bignesse and circuit , but not inferiour to the first for wealth and riches . A Towne commodiously seated on an arme of the sea , and capable of ships of burden to the very Keie ; the opportunity whereof hath made it very faire and populous , as having in it 5 Churches for Gods publique service , fenced with strong wals and a double ditch , and to secure the haven with a right strong Castle , which now time hath ruined . It standeth on the banks of the river of Anton , ( which rising about Andover , runs here into the Sea ) from whence it had the name of Southampton and by that name hath given denomination to the whole Countrey , though generally it be called Hamp-shire . A Country rich in all commodities , both of sea and land , and in the upper parts thereof , those which are farthest from the sea , of a very pure and excellent aire . It conteines in it 253 Parishes , many of which have Chappels of ease as big as Parish ▪ besids those in the Isle of Wight , which is reckoned for a part of Hantshire . To return back unto the Town , which though it bee within the County , yet is a County in it self ( for which it stands beholding to K. H. 6. ) And both before and since hath been counted worthy to be the highest honourary title of Dukes , and Earles to 1067 1 Beauvois of Hampton , that famous Soldier so much talked of .     ✚ ✚ ✚ 1●27 2 William Fitz-Williams , Lord Adm. *   ✚ ✚ ✚ ✚ 1547 3 Thomas Wriothe●●ey , Lord Chancellour , created Earle of South . by K. Edw. 6. * 1550 4 Henry Wriothesley . 1581 5 Henry Wriothesley . * 1624 6 Thomas Wriothesley now Earle , 1641. STAFFORD . STaffordsh . apperteined antiently to the Cornubii , a potent people in these parts , which afterwards by Beda , were called Angli mediteranei , or the midland Englishmen . A Countrey on the north part full of hils , and woods ; on the South , stored with coales and mines of iron ; and in the middle part where it is watred with the Trent , bravely adorned with meadows , & faire fields of corn . It conteineth in it 120 villages with Parish Churches , the City , or Episcopal see of Lichfeild , & 12 other market Towns , of which the chief is Staff. on the river of Owe ; the head Town of the shire , which from thence taketh name . A Town exceedingly beholding to the Barons of Staf. who were once Lords hereof and were hence denominated : who both procured it to be made a Burrough , with ample priviledges , by K. Iohn , and also fenced it with a wall , save where it was secured by a large poole of water on the East and North. And on the other side , the Town by way of thankfull retribution , honored that noble Family with the stile of E. who were from hence entituled in their severall ages , Earles , & Lords and Visc. of Stafford . 1353 1 Ralph Stafford , E. * 1372 2 Hugh Staff. 1383 3 Tho. Staff.   4 Wil. Staff.   5 Edm. Staff. * 1403 6 Hen. Staff , D. of Bucking . * 1444 7 Hum. Staff E. 1460 8 Hen. Staff. D. of Buck. * 1486 9 Edw. Staff. D. of Buck. * 1521 10 Hen. Staff. L.   11 Edw. Staff. L.   12 Hen. Staff. L. who dying An. 1639 the Family of the Staffords died also with him , and is quite extinguished . 1640 13 Wil. How. Knight of the Bath , 2 son of Tho. E. of Arundel and Surrey , having to wife a sister of the last L. Staff. was by his Majesty now being cr . Visc. Staff. in Nov. 1640 , and is now living , Anno 1641. STAMFORD . STamford is the hithermost Town of Lincoln-sh . seated upon the river W●lland , by which it is there parted from Northampton-sh . It standeth in that part thereof , which is called Kesteven , of which it is the principall town A town well peopled and of great resort , conteining about 7 Parish Churches . But that wh●ch gives it most renown , is that upon some quarrell and contention between the Southern and Northern men in the Vniversity of Oxford , the Scholle●s in the reign of King Edw. 3 removed hither , and here held publiqueschooles of al sorts of learning . Nor did they leave the place , or return again , untill they were commanded so to do by the Kings Proclamation , and thereupon it was ordeined in the Vniversity , that the ●chollers in the taking of their degrees , should make oath , not to reade publiquely at Stamford , to the prejudice of Oxford . Neverthelesse the Town still flourished in trade and merchandise , and doth now give the title of an Earle to 1628 Hen. L. Grey of Groby , cr E. of Stamf. 3 Car. March. 26 , now living . Anno 1641. STRAFFORD . STrafford , or Strasforth is the name of a Wapontake , or hundred , in the West-riding of York-shire , and lieth on the South therof , where it abutteth on the Counties of Nottingham and Darby . A territory of a large extent , conceived to be almost as big , as the whole County of Rutland , and in it comprehending the good towns of Sheafeld , Rotheram , Doncaster , and the honour of Tickhil , besides many smaller Villages and Hamlets . The antient Family of the Wentworths , out of which cometh the Earle of Cleveland , have long flourished here , and have their seate at Wentworth-Wood house , and many a faire and large possession in this Wapontake . In which consideration , it was selected purposely for the highest title of 1639 Tho. Visc Wentworth , L. Newmerch and ●versley , and L. Deputy of Ireland , cr . E. of Stafford and Baron of Raby , with great solemnity at Whitehall , 15 Car. Ian 12 , and shortly after L. Lieut. of Ireland . SVffolk was antiently part of the Iceni , and afterwards together with Cambridg-sh . and Norfolk , made up the Kingdome of the East Angles , of which this being the Southerne part gave to the Count. and the people both the name of Southfolk . A very large and spacious countrey , conteining 575 Parish . Chur. of the which 28 are market townes , with many a safe and capacious haven . Of those the most remarkable towards the sea , is Ipswich , a very faire and spacious town , well peopled and well traded too : adorned with 14 Churches for the service of God , & many a faire ▪ and goodly edifice for private use . That of most credit in the Island is Bury , or S. Edmundsbury , heretofore famous for the Abbey , valued at the suppression at 2336l . 16 s. per ann . a fine neat town , and much inhabited by the Gentry , who resort thither from all parts of the Countrey . As for the Coun. it selfe it sheweth in every place most rich & goodly fields of corne , with grounds as battaille and rich for the feeding of Cattell , wherof there is good plenty out of question , as may appeare by the great store of cheese here made and vented to the great commodity of the inhabitants , not only into all parts of Eng. but Spain , France and Germany . Long time it was , before the title of Suffolk was conferred on any . But when the Gapp was opened once , it hath been severally conferred on several Families , who as they stood in grace and favour with their Princes , attained the titles of Dukes , Marq. and Earles of Suffolk . 1335 1 Rob. de Vsford , E. * 1369 2 Wil ▪ de Vsford . *     ✚ ✚ ✚ 1385 3 Mich. de la Pole , L. Ch. 1389 4 Mich. de la Pole. 1414 5 Mich. de la Pole.   6 Wil. de la Pole , first E. after Mar. & at last D. of Suff. * 1450 7 Iohn de la Pole , D. * 1491 8 Edm. de la Pole , E. *     ✚ ✚ ✚ 1513 9 Char. Brandon , D. of Suff. L. great Master . * 1545 10 Hen. Brandon .     ✚ ✚ ✚ ✚ 1551 11 Hen. Grey , Marq ▪ Dorset , married Frances daugh . of Ch. Brandon , and was D. of Suff. *     ✚ ✚ ✚ 1603 12 Tho. L. How. of Walden , cr . E. of Suff. 1 Iac. Iuly 21 , L. Tr. and Ch. of Camb * 13 Theo. How. E. of Suff. and L. Warden of the cinque Ports . * 1640 14 Iames L. How. now E. 1641. SVNDERLAND . SVnderland is a demy-Island in the North-East part of the Bishoprick of Durham , over against the mouth of the river of Were ; which being pulled a sunder from the land , by the force of the Sea , hath the name of Sunderland A place of no great note or reputation , till it was made the title of 1627 Emanuel Lord Scrope of Bolton and Lord President of the North , created Earle of Sunderland , 3 Car. Iun. 19. Mort sans issue . SVRREY . SVrrey and Sussex antiently were inhabited by the Regni , and afterwards made up the Kingdome of the South-Saxons . This lieth on the South of the river Thames , whence it had the name ; the Saxons calling that Rea , which we call a River : and so from Sutbrea , came the name of Surrey . A Countrey on the outward parts thereof very rich and fruitfull , especially on that side which is towards the Thames , where it yeelds plenty both of corne and grasse ; but in the middle part , somewhat hard and barren . From whence the people use to say , that their Countrey is like a course peece of cloth , with a fine list . And yet the middle parts thereof what they want in riches , they supply with pleasures , as being famous for good aire , and well stored with parks ; the downes affording excellent opportunity aswell for horse-races , as hunting . A Country finally it is of no great quantity . and ye● conteines 140 Parishes ( of the which 8 are market townes ) and amongst them the Royall mansions of Richmond , Otelands and Non●-such . The chiefe town of the whole is Guilford , a fine neat town , seated on the declining of an hill toward the river Mole , consisting of 3 Parish Churches ; which notwithstanding never gave title unto any , of Lord , Earle of higher . But that defect hath beene supplied by the whole body of the County , in the name of Surrey , with which our Kings have dignified these Dukes and Earles .   1 Wil. de Warren , E. 1088 2 Wil. de War. 1138 3 Wil. de War.     ✚ ✚ ✚ 1148 4 Wil. de Blois son of K. Steph. first husband of Isa. de War.   ✚ ✚ ✚ 1164 5 Hameline Planta . base son of Geo. E. of Anjou , and halfe brother to K. H. 3 , 2 husband of Isa. de War. 1202 6 Wil , Plantag . 1240 7 Iohn Plantag . 1305 8 Iohn Plantag . died 1347.     ✚ ✚ ✚ 1347 9 Rich. Fitz-Alan , E. if Arund ▪ son of Alice , sister and heire of Ioh. Plantag . 1375 10 Rich. Fitz-Alan , L. Tr.     ✚ ✚ ✚ 1398 11 Tho. Holland , E. of Kent , and D. of Surrey . *     ✚ ✚ ✚ 1461 12 Iohn L. Mowb. son of Iohn Lord Mow. D. of Nor. aft . D. of Norf. *     ✚ ✚ ✚ 1475 13 Rich. 2 son of K. Edw. the 4 , D of York , and Norf. & E. of Sur. *     ✚ ✚ ✚ ✚ 1483 14 Tho. How. L. Tr. aft . D. of Norf. * 1514 15 Tho. How. L. Tr. & D. of Nor. * 1554 16 Tho. How. E. Marshall and D. of Norf died 1572. * 1604 17 Tho. How. grand●son of Tho. D. of Norf. now E. of Arund . and Sur. and E. Marsh , 1641. * SVSSEX . SVssex is th● other part of the old possessions of the Regnians after that of the South-Saxons , from whom it took the name of Suths●x . A Country that lyeth all along the Ocean in a goodly length , extending East and West above 60 miles ; and yet for all so long a Coast hath very few havens , the shore being full of rocks and shelves , and the wind impetuous . The Northerne parts towards Kent & Surrey are well shaded with woods , as was all the Country heretofore , untill the Iron works consumed them . The Souther●e parts which are towards the sea , lying upon a chalke or marle , yeeld co●e abundantly ; with a delightfull intermixture of groves and meadows . It conteines in it to the number of 312 Parishes , of which 18 are market towns . And amongst these the chief of note is Chichester , of which we need say nothing here ▪ having spoke of it its proper place , amongst the Bishopricks . It now rests only that I giv● you a compendious Catalogue of the Earles of Sussex .   ● Wil. de Albeney , E. of Arundell . 1178 2 Wil. de Alb. 1191 3 Wil. de Alb. 1199 4 Wil. de Alb. 1224 5 Hugh de Alb.     ✚ ✚ ✚ 1243 6 Iohn Plantag . E. of Surrey . 1305 7 Iohn Plantag . E. of Sur.     ✚ ✚ ✚ 1529 8 Rob. Radclyffe , vis● . Fitz-Walter , cr . E. of Sussex by K. H. 8. 1542 9 Hen. Rad. ✚ 1559 10 Tho. Rad. L. Ch. ✚ 1583 11 Hen. Rad. ✚ 1593 12 Rob. Rad. ✚ 1630 13 Edw. Rad. now E. of Sussex , 〈◊〉 1641. THANET . THanet is a little Island in the North-East of Kent , environed on 3 parts by the sea , & towards the West , severed from the main-land of Kent , by the river of Stoure , which is here called Yenlade . An Island by Solinus called Athanatos , in some copies Thanatos ; from whence the Saxons had their Thanet , famous as in other things , so in these particulars , that it was here the Sax. landed when they came first for Britani ; and that S. Austin the Monk here landed also , when he brought the Gospel to the Saxons . The whole about 8. m. in . leng . and 4 in brea . was reckoned then to hold about 600 Families : and is now very populous for the bignesse , and very plentiful withall of all commodities necessary , but of cor● especially . The people generally are a kind of Amphibii , and get their livings both by sea and land , being well skilled according to the year , aswel in stearing of a ship at sea , as holding of the plough at land ▪ & in both courses notably industrious . Such is the Isle of Tha●et , which was to late times made the title of an Earldome , in the persons of 1628 1 Nico. L. Tufton . cr . E. of Thanet , 4. Car. Aug. 5.   2 Iohn Tuf . E. of Thanet now living Anno , 1641. TOTNES . TOtnes is a Town in the Southwest of Devonshire , situate on the banks of the River of Dert , about 6 miles from its influxe into the Sea. An antient little Town it is , and standeth on the fall of an hill , lying East and West . It hath a Major for the chiefe Magi●trate , and so hath had ever since the time of K. Iohn ; and being a burrough town withall , hath a vote in Parliament . The greatest reputation which it had in the former times , was that it gave the title of an Arch-deacon , to one of 4 Arch-deacons of the Diocesse of Exeter , who is hence called Arch-deacon of Totnes , And by that name George Carew , D●ctor in Divinity ( after Deane of Windsore , &c. ) subscribes the Acts of Convocation , A●●● 1536. which possibly may be the reason , why 162● George L. Carew of Clopton , son of the said George , desired , as hee enjoyed , the title of E. of Totnes , unto the which he was advanced , 1 Car. Feb. Mort ●a●●s issue . WARWICK . WArwickshire heretofore was part of the Cornavii , a Country which for aire and soyle , wants nothing for the profit or pleasure of man. It is divided into two parts by the river . Avon , that on the South side being cald the Feldon , which yeelds good store of corn , and grasse , and makes a lovely prospect from the neighbouring hils ; that on the North being called the Woodland , from the great plenty of woods which grew here formerly , but now grown thin enough by the making of iron . It conteineth in it 158 Parishes and market towns ; of which the chief 〈◊〉 one exclude Coventry as a County of it selfe ) is that of Warwick , called by the Romans antiently Praesidium , from the garrison there , which name it still retaines in a different language . A town adorned with very faire houses , a strong and well compact stone bridge on the river Avon , and two goodly Churches : But the chief beauty of it heretofore , as now , is a most stately and magnificent Castle ; which as it was of late repaired at the great cost and charges of Sir Fulk Grevill , the late L. Broks , who therein dwelt ; so was it anti●ntly the seat and abiding place of the Dukes and Earles of Warwick . 1067 1 Hen. de Newburgh , E. 1123 2 Rog. de New. 1153 3 Wil. de New. 1183 4 Waleran de New. 1200 5 Hen. de New. 1233 6 Tho. de New.     ✚ ✚ ✚ ✚ 1242 7 Iohn Marsh. first husb . of Margery sister and heire of Tho. de New. 1243 8 Iohn de Plessetis , 2 husband of the said Margery .     ✚ ✚ ✚   9 Wale . de New. uncle and heire of the said Margery .     ✚ ✚ ✚ 1262 10 Wil. Mauduit , son of Alice sister & heire of Waleran .     ✚ ✚ ✚ 1268 ●1 Wil. Beauchamp , son of the La. Isa ▪ sister and heire of Wil. Maud. 1291 12 Guido Beauch . 1315 13 Tho. Beau. E. Marsh. ✚ 1369 14 Tho. Beau. ✚ 1401 15 Rich. Beau. Regent of Fr. ✚ 1439 16 Hen. Beau. D. of Warw.     ✚ ✚ ✚ 1446 17 Rich. Nevill , who married Anne , sister of Hen. D. of Warw.     ✚ ✚ ✚ 1471 18 Geo. D. of Clarence , who married Anne , daughter of Rich. Nevill , E. of Warw. 1478 19 Edw. Plantag . son of George D. of Clarence .     ✚ ✚ ✚ 1547 20 Iohn Dudley , Visc , Lis. descended from the Lady Margaret , daughter of Rich. Beauchamp , E. of Warw. ✚ 1562 21 Amb. Dudley .     ✚ ✚ ✚ 1618 22 Robert L Rich of Leeze , created Earle of Warwick , 16 Iac. Aug. 2.   23 Rob. Rich , now living , 1641. WESTMORLAND . WEstmorland was a part of the possessions of the old Brigantes , and lyeth on the West of York●sh . from whence and from the Mores , as they call them here ( that is , those barren heathy grounds , which are not tractable for corn ) it was named West-more-land . The ayre accounted sharp and piercing ; the soyle in most parts barren and unprofitable ; yet in the Vales , which are neither large nor man● , indifferently fruitfull . So that the greatest profit and commodity , which here the people make unto themselves , is by the benefit and trade of cloathing . It containes in it only 26 Parishes , which plainly shews that either the Countrey is not very populous , or that the Parishes are exceeding large , as ge●erally indeed they are , in these Northerne parts ; 4 of those 26 are market towns , the chiefe of which next Kendale ( which wee ●pake of formerly ) is called Appleby , and passeth for the shire town or head of the Countie . The Viponts antiently , and by them the ●lyffords were the hereditary Sherifs hereof ; which notwithstanding ▪ it pleased K. R. 2 , to adde unto the titles of the Nevils of Raby , the higher and more eminent stile of Earles of Westmorland . 1398 1 Ralph Nevill , L ▪ of Raby , E. Marsh. 1425 2 Ralph Nevill . 1484 3 Ralph Nevill .   4 Ralph Nevill . ✚ 1523 5 Hen. Nevill . 1564 6 Charles Nevill .     ✚ ✚ ✚ 1624 7 Francis Fane , eldest son of Mary La. Despencer , descended from the Nevils E. of Westmorland , cr . E. of Westmorland , 22 Iac. Dec. 29. 1628 8 Mild may Fane , now E. of Westmorland , 1641. WILTSHIRE . WIltsh , belonging to the Relgae in the former times , took this new name from Wilton , once the chief town of it ; like as it of the river Willy , on the which it standeth . A region which as it breeds a race of hardy men , who in old time , with those of Devonsh . & Cornwal , chalenged the seconding of the main battaille in our Eng. armies ; so is it very plentifull and fruitfull , and withall very pleasant and delightsome . The middle parts thereof , which they call the Plaines , are most scant of corne ; but those plaines being large and spacious , & reaching round about to the horizon , do feed innumerable flocks of sheep , which bring as great commodity to the inhabitants by their fleece & wool , and the most gainefull trad of cloathing , as other parts that are more fertile . It contei●eth in it 304 Parish ▪ & is traded in 19 market towns ; the chiefe and fairest are Salisbury and Marlborough , which before we spake of . Wilton was formerly the principall , & here●ofore a Bishops see , honored with the residence of 9 severall Bishops : But by translating of the see of Salisbury , and carrying thi●her therewithal the throughfare into the West countrey , which before was here , it fel by little and little to decay , and is now hardly worth the reputation of a poor market town , yet still it gives denomination to the Country : as that the stile and honor to these Earles of Wiltshire . 1397 1 Wil. L. Scrope L. Tr. ✚     ✚ ✚ ✚ 1458 2 Iam. Butler , E. of Ormod , & L. T. ✚     ✚ ✚ ✚ 1470 3 Iohn Stafford 2. son on Humf. D of Buck. ✚ 1473 4 Edw. Staff. died , 1499. 1510 5 Hen Staff. 2 son of Hen. D. of Buck.     ✚ ✚ ✚ 1529 6 Tho. Bollen , Visc. Rochf . father of the La. Anne Bollen .     ✚ ✚ ✚ 1550 7 Wil. Pawlet , cr . after Mar. of Winchester , Anno 5. Edw. 6. 1571 8 Iohn Paw . 1576 9 Wil. Paw . 1598 10 Wil. Paw . 1628 11 Iohn Paw . now Marq. of Winche . and E. of Wiltsh . Anno 164● . WINCHELSEY . WInchelsey is a sea Town in the East part of Sussex , where it adjoyneth upon Kent , accounted by a general error to be open of the Cinq Ports ; whereas indeed it is no Cinq port , but a member of them , as ●hi● and Feversham , and others are . A Towne in former times of great strength and beauty , inclosed with strong wals , and a well placed Rampier , for the defence thereof against forreign force : but the sea-shrinking from it by little and litle , brought the town by the like degrees into great decay , though still it beare the shew of a handsome town , and hath a Blockhouse for defence raised by H. ● . But what it lost i● wealth , it hath got in honour , being advanced unto the reputation of an Earld . in the names and persons of 1628 1 Eliz. Finch . Visc. Maidstone , cr , C. of Winchel . 4. Car. Iuly 11. 1634 2 Hen. Finch , son of the said Eliz. 1639 3 Henneage Finch , E. of Winchelsey now living , 1641. WINCHESTER . WInch . is the chief City of H●●psh . & heretofore the seat Royal of the West-Saxon K. By Antonine and P●olomy called Venta Belgarum ; and then accounted the prime City of all the Belgae , out of which Venta , adding ceaster to it , ( according to their wonted manner ) the Saxons hammered their Vent-ceaster , and we our Winchester . In these our dayes , it is indifferently wel peopled , and frequented , commodiou●ly seated in a Valley betweene high steep hils , by which it is de●ended from cold and wind . It lyeth daintily on the banks of a pleasant river , str●tching somewhat in length from East to West , and conteineth about a mile and a halfe within the wals , besides ▪ the suburbs ; but much within the wals is desolate and altogether unbuilt . Many things certainly thereare which may conduce unto the reputation of it , especially a beautifull and large Cathedrall , a goodly and capacious Palace for the Bishops dwelling , which they call Wolvescy house ; a strong and gallant Castle bravely mounted upon an hill , with brave command on all the Countrey ; a pretty neat Colledge neare the wals , built and endowed by Wil. of Wickham , for a seminary to his other in Oxford ; and not far off a very faire Hospitall , which they call Sain● Crosses . And yet lest all this might not raise it high enough , our English Monarchs have thought fit to dignifie these following persons with the stile and title of Marq. and Earles of Winchester . 1207 1 Sa●r de Quincy , E. 1220 2 Rog. de Qum . died 1264.     ✚ ✚ ✚ ✚ 1322 3 Hugh Despencer , 1326.     ✚ ✚ ✚ 1472 4 Lewys de Bruges .     ✚ ✚ ✚ 1551 5 Wil. Pawler , E. of Wiltsh . and L. Tr. cr . Marq. of Winch. by K. Edw. 6. 1571 6 Iohn Paw . 1576 7 Wil. Paw . 1598 8 Wil. Paw . 1528 9 Iohn Paw . now Marq. of Winchest . and E. of Wiltsh . Anno 1641. WOrcestersh . is a part of the Cornavii , once a great nation in these parts . A Coun. of an aire so temperate , and a soyle so fortunate , that it gives place to none about her , for health and plenty . Abundant certeinly it is in all kinds of fruits , and of peares especially ; wherewith , besides the use they have of them for the table , they make a bastard kind of wine , which they here call Pirry , which they both sell and drink in great abundance . Salt-pits it also hath in some parts thereof , and about Powyck , and many places else good store of Cherries : and every where well watred with delicious rivers , which afford great variety of fish . A Country of no great extent for length and compasse , as not conteining above 152 Parish Churches , and amongst them 10 market towns . Of these the principall is Worcester , and gives denomination to the whole . A City delectably seated on the banks of Severne ( which runneth quite through the County from North to South ) ever which it hath a faire bridg with a tower upon it : and thence arising with a gentle ascent , affordeth to the upper parts , a very goodly prospect in the vale beneath . A City every way considerable , whether you looke upon it in the situation , or in the number of its Churches , or the faire neat houses , or finally on the inhabitants , which are both numerous and wealthy , by reason of their trade of cloathing , which doth there flourish very much . Of the Cathed ▪ here we have spoke before , and of the Castle we shall now say nothing , as having nothing left of it but the name and ruines . All we shall adde is a briefe Nomenclature of The Earles of Worcester . 1144 1 Wal●ran . de Beaumont .     ✚ ✚ ✚ 1397 2 Tho. Percy , L. Adm.     ✚ ✚ ✚ 1420 3 Rich. Bea●champ .     ✚ ✚ ✚ 1450 4 Iohn Tiptoft , L. Tr. and L. Con. 1471 5 Edw. Tiptoft .     ✚ ✚ ✚ 1514 6 Char. Somer . L. Ch. cr . E. of Worcester by K. H. 8. ✚ 1526 7 Hen. Som. L. Herb.   8 Wil. Somerset . 1589 9 Edw. Som. Master of the House , & L. Privy S●ale . ✚ 1627 10 Hen. Som. now living , Anno 1641. YORK . YOrk-shire is past all peradventure the greatest County in England , conteining 70 miles in length from North to South , and 80 miles in bredth from West to East ; the circuit being above 300. In this great quantity of ground , are not above 563 Parish Churches , w●ich is no great number , but then withall there are great plenty of Chappels of Ease , equall for bignesse and resort of people , to any Parish . elsewhere . The soyle is generally fruitfull in a very good measure . If that one part therof by stony and barren ground ; another is as fertile and as richly adorned with corne and pasturage : If here you find it naked and destitute of woods ▪ in other places you shal find it shadowed with most spacious forrests : If it be somwhere moorish , mirie and unpleasant ; elsewhere it is as beauteous and delightsome as the eye can wish . It is divided ordinarily into 3 parts , which according to the quarters of the world are called East-Riding , West-Riding , and North-Riding ; Richmondsh . ●omming in to make up the 4 , which is a part of York-sh . as before was said . The whole was antiently possessed by the Brigantes , who were diffused all over those Northerne parts , beyond the Trent ; and for their capitall City had Eboracum , seated upon the river Vre which we now call Ouse ) in the Westriding of this County ; and by a later Saxon name is now called York . This is the 2 City of all Eng. both for fame and greatnesse ; A pleasant large and stately place , well fortified & beautifully adorned , as well with private as publike edifices , and rich and populous withall ; Seated ( as e●st was said ) on the river Ouse , which cutteth it , as it were , in twaine ; both parts being joyned together with a faire stone bridge , consisting of high and mighty Arches . A City of great fame in the Roman times , and of as eminent reputation in all Ages since ; and in the severall turnes and changes , which have befallen this Kingdome under the Saxons , Danes and Normans , hath still preserved i●s antient lustre . Adorned it was with an Archiepiscopall see in the times of the Britans ; nor stooped it lower when the Saxons●eceived ●eceived the Faith. Rich. 2. laying unto it a little territory on the Westside therof , made it a County of it selfe , in which the Archbishops of York enjoy the rights of Palatines . And for a further lustre to it , H. ● . ap . pointed here a Councell for the governance of the Northern parts , consisting of a L. Pre. certaine Councellors , a Secretary and other Officers . And yet in none of these hath York been more fortunate , than that it adorned so many Princes of the Imperiall line of Germany and bloud Royall of England , with the stile and attribute of Dukes and Earls of York . 1190 1 Otho of Baveria E. of York .     ✚ ✚ ✚ 1385 2 Edm. of Langley 5 son of K. Edw. 3 E. of Camb ▪ and D. of York . ✚ 1401 3 Edw. Planta . son of Edm. of Lang. E. of Rutl. and D. of York . ✚ 1426 4 Rich. Planta . nephew of Edm. of Lang. by his son Rich. E. of Cam. D. of York . ✚ 1474 5 Rich. of Shrews . 2 son of K. Edw. 4. D. of York . ✚ 1495 6 Hen. 2 son of K. H. 7. after K. of E● . 1604 7 Char. 2 son of K. Iames , now the 2 Monarch of Gr. Brit. ✚ 1633 8 Iames , 2 son of K. Charles , declared D. of York , by his Royall Father , and so instituted , but not yet created . FINIS . 
A50052	----	Choice observations of all the kings of England from the Saxons to the death of King Charles the First collected out of the best Latine and English writers, who have treated of that argument / by Edward Leigh ... Leigh, Edward, 1602-1671. 1661 Approx. 405 KB of XML-encoded text transcribed from 121 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50052 Wing L987 ESTC R11454 12425741 ocm 12425741 61841 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50052) Transcribed from: (Early English Books Online ; image set 61841) Images scanned from microfilm: (Early English books, 1641-1700 ; 944:21) Choice observations of all the kings of England from the Saxons to the death of King Charles the First collected out of the best Latine and English writers, who have treated of that argument / by Edward Leigh ... Leigh, Edward, 1602-1671. [16], 221, [3] p. Printed for Joseph Cranford ..., London : 1661. Reproduction of original in Bodleian Library. Index: p. [1]-[3] at end. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers. 2004-03 TCP Assigned for keying and markup 2004-04 Aptara Keyed and coded from ProQuest page images 2004-05 Jonathan Blaney Sampled and proofread 2004-05 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion CHOICE OBSERVATIONS OF ALL THE KINGS OF ENGLAND FROM THE SAXONS To the Death of KING CHARLES the First . COLLECTED Out of the best Latine and English VVriters , who have Treated of that Argument . By EDVVARD LEIGH Esquire , and Master of Arts of Magdalen Hall in Oxford . LONDON , Printed for Ioseph Cranford , at the Sign of the Gun in St. Pauls Church-yard . 1661. TO HIS SACRED MAJESTY CHARLES the Second , King of Great-B●ittain , France and Ireland . Most Gracious Soveraigne ; I Hope this Dedication of these my Collections concerning all the Kings of England to your Sacred Majesty , from the first of them ( of whom there is any thing credible in story ) to the decease of your Royall Father , will not be interpreted either a fruit of ambition or over-bold presumption . I have had the honour formerly to dedicate Books to very eminent Societies and Persons , but never to any so signally eminent and publike a Person as your Majesty . And should not have taken the confidence to have begun now , but that ( in regard of the Argument I treat of ) I thought there was an obligation upon me ; and that of right such a Work was to be presented onely to Him , who is the just and unquestionable Successour to all those Kings I here mention . I finde it usuall with those who either wrote Chronicles in generall , or the reigns of some particular Princes , to inscribe the Name of the King or Prince then living to their Works . I wish my Observations were as choice , as the subject is sutable . Since Cadwallader , the last King of the Britains , there was none born Prince of Great-Britain but your Majesty . Hactenus Anglorum nulli was therefore the Motto on the Medals made in memory of your Birth-day the 29th of May 1630 , with three Laurels upon them betokening three Kingdoms . May your raign be as prosperous and happy , as your birth was glorious and * illustrious ; your deliverance by Sea at your entrance into Scotland , and your escape by Land at Worcester-fight , and after in England ; and your happy restitution to your Kingdom , was wonderfull and conspicuous . Kings have their regal Titles and Ornaments . To the Kings of Spain from the time of Alphonsus King of Castile , about 800 years agoe , for expelling the Arians , was given the Title of Catholike , as Michael Ritius a Neapolitan writeth . To the French King the Title of most Christian from the time of Philip the Emperour , about 400 years since , as recordeth Nicol , Gillius . To our King Henry the 8th of England for his Book of the Sacraments against Luther , Pope Leo the 10th gave the Title , Defender of the Faith a , which his Successors have since enjoyed , though in another sense than it was first intended . Henry the 5th reigning amongst us , his Subjects gave him the Title of b Grace . Under Henry the Saint , the 6th , Excellent was added to Grace : Under Henry the 8th the acclamation of Majesty began ; a little after excellent Majesty , most excellent , and at last Sacred Majesty , which now is generally used . C Kings are crowned , enthronized , and anointed ; the Crown was a sign of a Military dominion ; the Throne of sedentary or judiciall ; the Oyl of Religious and sacred power . A King by vertue of his Kingly Office hath two things to perform ; 1. To govern , 2. To defend . His Governing also divideth it self into two branches ; First , To direct , Secondly , To recompence . He directeth , by appointing what shall be done and forborn of all his subjects in his Jurisdiction . He recompenceth or requiteth , by punishing those which disobey the Laws , with such punishments as himself thinketh good to appoint , and to signifie to them in his penalties by which he ratifieth his Laws ; and by rewarding those which keep the Laws , with such rewards as he seeth fit to specifie in his Statutes , and in generall , by making them partakers of the wealth , peace , quietness and happiness of his government . He defendeth his subjects against the hostility of open enemies , and the injuries of their fellow-subjects . It was an excellent speech of Henry the Great , King of France , your Grand-father by the Mothers side ; When I was born there were a thousand other souls more born , what have I done for God more than they ? Learned King Iames your Grand-father by the Father , in his Book dedicated to Prince Henry , would have him to remember , that he differed not in stuff , but in use , from the rest of the people ; and that by Gods Ordinance . Kings as well as others are bound to read the Scriptures , Deut. 17. 18 , 19 , 20. and some think that Book of the Kings and Chronicles especially worthy their diligent perusall : others would have them study well the 101 Psalm . Next the Scriptures , Ecclesiasticall History is to be preferred ; some highly commend Polybius as usefull for Kings to read ; and Causabon dedicating it to Henry the 4th King of France , much magnifieth that Book , and likewise the reading of History in generall . The Chronicles and Annals of their own Predecessors , surely must needs be both delightfull and profitable for them . Your Majesty may observe many things in them well worthy imitation : in Learned and valiant Alfred , how thriftily he spent his time , how he encouraged Learning and Learned men ; in little Edgar , great Canutus ; William the Conquerour ; the many worthy Henries and * Edwards ; your own wise Grand-father and Father of happy memory . Yet in the whole series of the Kings and Queens of England ( as others have made severall parallels of some of our English Kings ) I have not found a fitter parallel in every respect for your Majesty than Queen Elizabeth . I will not speak of her skill in the modern Languages , and how she often answered Embassadors her self , nor how gracious and gentle a Princess she was to her very enemies ; wherein your Majesty is not unlike to Her. What troubles and hazards did she undergo , before she came to the Crown ? with what joyfull and generall acclamations was she received into this Metropolis ? I need not apply this to your Majesty , it s sufficiently obvious to every vulgar capacity how you agree herein . After her Coronation , being presented with a Bible , as she passed by the little Conduit in Cheapside , she received the same with both her hands , and kissing it said ; That it had ever been her chief delight , and should be the rule by which she meant to frame her Government . Your Majesty in your entring into the City , at the presentment of the Bible to you by the Reverend London Ministers , used this speech , worthy to be written in Gold ; I thank you for this Book above all other gifts , and assure you , I shall make it my first care to set up Gods Worship and service ; this is the Book must guide us all ; and I will make it the rule of my Life and reign . Queen Elizabeth was a couragious and stout spirited Princess . In 88 , when the Spaniard was coming , she went to the Army at Tilbury-Camp , riding with a Truncheon or baston in her hand to the severall Companies , and by her presence and speech encouraged both Commanders and souldiers , saying to them as I have heard ; If her brother Philip came , she would give fire to the first Piece against him : I might alledge the testimony of your greatest enemy , in confirmation of your Majesties valour at Worcester-battle . Kings bear a double image of God , as they are men and as they are Magistrates . The Scripture saith ; Those which rule over men should be just , ruling in the fear of God. One a saith ; They should labour to be more religious and pious toward God than ordinary persons , because of the great need they have of his illumination in their counsels , of his conduct in their enterprises , of his force in their executions , and of his provident care in their various occurrents , dangers & difficulties . The Kings seat was so set in the Temple , that all might see him there , Ezek. 46. 10. 2 Chron. 6. 12 , 13. 2 King. 11. 14. & 23. 3. that by his example the devotion of his people might be stirred up . God having done such great things both abroad and at home for your Majesty , expecteth great things from you . I shall humbly implore the Almighty , that he would so guide you in all your wayes , that you may make his Interest your great interest , by reforming what is amiss in Court and Kingdom , by promoting his pure worship , encouraging the power of godliness , and all such as walk according to Scripture-rule , are peaceable , and hold the Fundamentals ; by discountenancing Atheisme , errour , and profaneness , the fruits of abused peace and prosperity , altering the old speech for the better , — Exeat aula Qui vult esse pius ; into impius . So shall White-Hall answer its name , and your Majesty approve your self to be , what your Father desired , Charles the Good , which is the earnest prayer of Your Majesties most humbly devoted and Loyall subject Edward Leigh TO THE CURTEOUS AND CANDID READER . Reader : I Here present thee with Choice Observations of all the Kings of England . I suppose the Subject will not be unpleasing to an Englishman , if the work be answerable to the Title . I have excerped my Materials out of the best Latine Writers ; the Monks ( to whom we are especially beholding for the History of our Kings of England ) and chiefest English Chroniclers and Annalists , and such as have written of a few , or any one of our English Princes . Bedes Historia Gentis Anglorum , set out by Wheelock , of whom Petavius in his History of the world , lib. 8. cap. 4. saith thus , Bede made his Brittain famous with no lesse Godlinesse and Learning than History , who even unto the year 735 hath concluded the Christian beginnings of that Nation . Rerum Anglicarum Scriptores post Bedam praecipui , in Latine in folio , set out by Sr Henry Savill , containing the History of Gulielmus Malmesburiensis , Henry Huntington , Roger Hoveden and others . Anglica , Normannica , Hibernica , Cambrica , a veteribus Scripta , in Latine also in Folio , put out by Camden . Matthew Paris his Works , set out by Dr Watts , who is a faithfull Historian , and hath written the Reigns of the first seven Kings after the Conquest . Of the English Chroniclers , Speed , Martin , and Baker seem to be the best . Voluminous Hollingshead , Stow and How are not much esteemed by the Learned . Sr John Hayward hath written well of the three Norman Kings , and Edward the sixth , he hath written briefly also of Henry the eourth . Godwin of Henry the eighth , Edward the sixth , and Queen Mary , and also of the Bishops of England , in Latine and English. Sr Robert Cotton of Henry the third , Habington of Edward the fourth , Sr Thomas More of Richard the third , both in Latine and English , and Buck , my Lord Bacon excellently of Henry the seventh , my Lord Herbert of Henry the eighth , Camden Annals of Queen Elizabeth , and Dr Heylin ( as is said ) of King Charles the first . History is both pleasing and profitable , especially the memorable things of all our own Kings and Governours , who have for so many years Raigned amongst us . Examples of Superiours especially are very prevalent , which of the Rulers believed in him * One a saith , if King Edward the sixth had lived a little longer , his only example had bred such a Race of worthy learned Gentlemen , as this Realm never yet did afford . Here are examples of all sorts , good and bad , to be followed and eschewed . Some loose , vain , and licentious ; others learned , wise , valiant , minding the publick welfare of the Nation . The Pope could but little prevaile here in England , during the Raign of King Edward the third , and Richard the second . Henry the eighth cast him out then , when he had too great power and command over other Princes . As he cast out the Pope , so did his children Edward * the sixth , and Queen Elizabeth cast out Popery out of England , and so freed us from his spirituall bondage , as the other did from his Temporall May their memory be therefore still precious amongst us , as the Reformation we enjoy chiefly by their means , is a singular blessing . Let Him be accounted our English Josias , and Her our English Deborah , on whom those Verses were made , Spains Rod , Romes Ruine , Netherlands Relief : Earths Joy , Englands Gem , Worlds Wonder , Natures chief . Prince Henry likewise , eldest Son to King James , was a virtuous and hopefull Prince , had he not been taken away in the flower of his youth , he would ( its thought ) have much opposed the Pope and Spaniard . I have read somewhere of him , that he would not swear , no , not at his Sports and Recreation ; and being demanded the reason t●ereof , he said , they were not of that weight , as to draw an oath from him . I hope therefore this Nation , having had such worthy Princes , and not being ignorant of the slavery they formerly indured , when the Pope called England his Ass , will never be so foolish , as to turn back again into Egypt . As long as Mr Foxe his Martyrology is so common to be read , eighty eight , and the fifth of November are so fresh in our remembrance , let us valew the losse of Rome here amongst us , no more than that Emperour Honorius did , of whom Zonaras a writes , that he had a Hen called Roma , and it being told him Rome was last , he was troubled , and said , She was here even now , yea said the other , the Hen is here , but the City is lost , he was then well pleased . Our Countriman Beda hath prophetically expounded that Roman S. P. Q. R. of our Englishmen travelling to Rome , Stul●us Populus Quaerit Roman . Though perhaps in some b cases , one may go too far from Rome ; yet since some of our Bishops formerly have written well against Antichrist , and others have made the Pope to be Antichrist ; and since also the Iesuites are still busie amongst us , I wish there may be no unwarrantable compliance either with the Romish Doctrine or Rites . Thomas Lever ( who Preached before King Edward the sixth , and escaped the fury of Queen Maries dayes ) is commended by Bullinger , in his Epistle to Hooper . He was the first setled constant Preacher at the Temple , c Father Lever , for so by my Father and others , I alwayes heard him stiled . Mr Gatakers Discourse Apologeticall against Lilie . I have two Sermons of his , Preached in the same year at Pauls 1550 , one in Pauls Church , the other at the Cross , St Thomas Chaloner was ordinary Embassadour from Queen Elizabeth into Spain almost four years , Ubi ( saith Camden ) de Republica Ang●icana instauranda terso & erudito Carmine quinque libros composuit , dum ut ille dixit , hieme in furno aestate in horreo degeret ; which is thus Englished by one Darcie , who first ( after a fashion ) Translated Camden into English , though it be better rendred since . St Tho. Chaloner wrote a Book whilst he was in Spain , which he Entitled , Hieme in furno aestate in horreo , not so jolly an Inscription , as that Libell Intituled , The Arraignment of Persecution , &c. Printed for Bartholmew Bang-Priest , and are to be sold at his Shop in Tolleration-street , at the Sign of the Subjects Liberty , right opposite to Persecution Court , 1645. I remember I have heard a story of a valiant man , that thus answered one inquiring after his name and lodging : My name is Dangerfiel'd , I lye at the Sign of the Sword and Buckler , over against the Bleeding-Heart , in Gunpowder Allie : But too much of this . I hope this Book with the other already out , will give some light to the knowledge both of the Kings and Kingdome of England , in confidence whereof , I rest Thy hearty well-wisher Edward Leigh . Choice Observations OF ALL THE KINGS of ENGLAND , FROM THE SAXONS , To the Death of King CHARLES I. CHAP. I. ENgland was five times plagued by other Nations : First , By the Romans : Then by the Scots and Picts : Thirdly , By the Saxons : Fourthly , By the Danes : Fifthly , By the Normans . The Nation of the Saxons was generally most warlike and martiall . They gave unto those Saxons their first original , who now inhabite the Dukedome of Saxony . They left very few Cities , Towns , Villages , Rivers , Woods , Fields , Hils or Dales in Brittain , which they gave not new names unto . As the name of Oxford , or Oxenford , on the River of Thames , after the Town of like name in Germany , situated on the River of Oder . Our Hereford near unto Wales , after Her●ord in Westphalia . And so in like manner may be said of Stafford , Swinford , Bradford , Norden , Newarke , Bentham , Oxenbridge , Buchurst , Sconethorp , Holt , Mansfield , Swinefield , Hamsteed , Radcliffe , Rosendale , and many more . After that these Nations had now gotten sure sooting in the possession of Brittain , they divided it into seven Kingdoms , and established an Heptarchy ; in which notwithstanding the Prince which had the greatest power , was called King of the English Nation : So that in this very Heptarchy there was alwayes Monarchy . The Saxon Government is usually divided into the Heptarchy , Monarchy . In the Heptarchy are these seven petty Kingdomes : 1. Kent . 2. Sussex . 3. East Sax. 4. East Angles . 5. Mercia . 6. Northumberland . 7. West Sax. In Kent with Hengist the first Invader , seventeen or eighteen are said to raign . South Sax from Ello to Adhamus had about ten Kings , of which Adlewolf was first Christened . East Sax from Er●hwin to Swithred had thirteen Kings , whereof Sigby the third was first baptized . The East Angles had fourteen Kings . Mercia twenty Kings . Christianity was first received by Penda , that founded Peterborough , as Ethebald did the Monastery of Crowland , and Ossa of St. Albans . Northumberland about twenty foure Kings . West Saxon nineteen Kings . CHAP. II. Hengist . VVHen he first arrived in England , he was a goodly young Gentleman , under the age of thirty yeares , and of an excellent wit : He was brought up in the service of the Emperour Valentinian the third , and last of that name . Verstegan . He deserveth to be reputed the first Monarch of the English Nation . Non minus acer ingenio , quam alacer in praelio . Malmesburiensis de Gestis Regum Anglorum . He sailed out of Holland into Brittain ; he built the Castle of Leiden in Holland . The Saxons had only the Isle of Thanet first given them , where they first landed . Hengist after obtained of King Vortiger , the property of so much ground , as he could enclose with a Buls Hide : which cutting into thongs , he there built the Castle called Thong-Castle , by Sittingbourine in Kent . Why our first Progenitors Hengist and Horsa took their names of an Horse ( for both their names in the Saxon tongue do signifie an Horse ) surely I know not , unless it were for a fore-token of their warlick prowess , according to that Verse of Virgil. Bello armantur equi , bella haec armenta minantur . l. 3. Aineid . Hengist and Horsus , Brittains harmes , Their Ens●gnes signing both their names , The Saxon Horse their Armes , Brave Warriours hither came . Slatyers Palae-Albion Ode 7. p. 157. Krantzius in hist. Saxon. l. 2. telleth us , that the Saxon-Princes in Germany before they became Christians , gave a black Horse for their Escutcheon ; but being baptized , a white Horse ; with reference haply to Rev. 6. 2. The Saxons to the number of nine thousand , came in certain long Vessels they called Keeles , with their leaders , two Brothers , Hengist and Horsa , nobly descended ; whose Ensign , as it was an usuall and honourable device of antiquity , alluding to their names , their Banner being a white or silver Horse , in a Field Gules ; Arms which the noblest Families of Saxons , and others thence descended , have born . They were not all one people , but consisted of three severall Nations , viz. the Angles , the Iutes , and the Saxons ; but they were all the inhabitants of some part , or other of Denmarke . Ays●u . He raigned thirty four yeares . CHAP. III. ELLA . THe first King of the South-Saxons , and second Monarch of the English men . He raigned six yeares . Cherdik . The first King of the West-Saxons , and third Monarch of the English men . He raigned twenty one yeares . Kenrik . The second King of the West-Saxons , and fourth of the English men . He raigned twenty six yeares Cheuline . The third King of the West-Saxons , and fifth Monarch of the English men . He raigned thirty one yeares . Ethelbert . The fifth and first Christian King of Kent , and the sixth Monarch of the English men . He was eminent for first receiving the Christian faith , brought from Rome by Austin , and for converting ●ebert King of the East-Angles to Christianity , and assisting him in building St. Pauls in London , and St. Peters in Westminster . That the Christian Religion was here in Brittain before the coming of Austin the Monk , may be proved out of Beda , who maketh mention of Brittish Bishops , but nameth none of them . Hist. Ang. l. 2. c. 2 Eusibius in vità Constantini l. 3. c. 18. saith that this Country was Christian three hundred yeares before . Mr Saller in his Rights of the Kingdome , saith , The first times of Christian Religion here , were much higher then Austin the Father , who might have been great Grandfather to Austin the Monk. He brought the Lawes of his Country into their own mother-tongue , and left nothing unattempted , which might advance the glorious Gospel of Christ. He built St. Augustines , a goodly Church in Canterbury . He built also St. Pauls Church in London : and St. Andrews in Rochester . He died in the three and twentieth year of his Monarchy , and the fifty sixth of his Kingdome of Kent . Redwald . The third King of the East-Angles , and seventh Monarch of the English men . Of this Redwald Cambden reporteth out of Bede , that he was baptized ; and that ( to make sure , as he thought , of the right way of worship ) he had in the same Temple one Altar for Christian Religion , and another for sacrifice to Devils . He raigned eight yeares , and was King of the East-Angles thirty one . Edwine . The Great King of Northumberland , and the eighth sole Monarch of the English men . He was slain in Battell by Penda and Cadwallo the seventh year of his Monarchy , the seventeenth of his Kingdome . He lived fourty eight yeares . Oswald . King of Northumberland , and the ninth Monarch of the English men . He was a religiou● King , and took such care for the co●version and salvation of his Subject● , that he sent into Scotland for aid , and a Christian Bishop to instruct his Northumbrians in the Gospel of truth . Mira fuit in homine sanctitas , mirum pietatis studium , nulli unquam malum pro malo reddidit , sed Christi regis summi exemplum imitatus , ijs etiam bene precabatur , beneque voleba● , à quib●●s accepisset injurias . Polyd. Virg. Ang. Hist. l. 4. p. 82. He left the name to Oswalster in Shropshire . Of this Oswald ( as also of Stephan King of Hungary ) it is storied , that their right hands though dead , never putrified , because they had been much exercised in almes-deeds . Bed. hist. Angl. l. 3. c. 6. Bonsinius . Quis suit Alcides ? quis Caesar Julius , aut quit Magnus Alexander ? Alcides se superasse Fertur , Alexander mundum , sed Julius hostem . Se simul Osuualdus , & mundum vicit , & hostem . He died in the 23. year of his Monarchy , and the 56. of his Kingdome of Kent . Oswy . King of Northumberland , and the tenth Monarch of the English men . He was Brother to Edwin and Oswald . He founded the Cathedrall Church in Litchfield , for a Bishops See. Upon an occasion Oswin humble ● himself before the holyman Adrian , who upon sight thereof wept , and gave this reason of his weeping , I know this King will not live long ; and this reason of his reason , for I never before this saw an humble King. He lived fifty seven yeares , and raigned the space of twenty ei●ht yeares . Wulphere . The sixth King of the Mercians , and the eleventh Monarch of the Engl●●● men . He becoming a ●hristian destroyed all those Tem●les , wherein his Heathen Gods had been worshipped , converting them all into Christian Churches , and religious Monasteries . He raigned King over the Mercians seventeen yeares , and Monarch of the English fuily four . Ethelred . The seventh King of Mercia , and twelfth Monarch of the English. A modest Prince , which loved better to preserve then to encrease his power by Arms. He raigned above thirty yeares . Kenred . The eighth King of Mercia , and the thirteenth Monarch of the English men . He raigned in peace four yeares ; then weary of Government , and desirous of contemplation , be sought a more private and religious life ; and thereupon appointing ●helred his Cosen-germane to rule in his place , in the fifth year of his Raign , abandoned his Kingdome and Country , and departed to Rome , and in a Monastery in that City was made Monk. Chelred . The ninth King of the Mercians , and the fourteenth Monarch of the English. He had got as great reputation of military valour , as any Prince of his time , if he had not died so soon . He raigned only seven yeares . Ethelbald . The tenth King of the Mercians , and the fifteentth Monarch of the English. A peaceable Prince , but was over amorous . Boniface the Archbishop of Mentz , an Englishman by Nation , sent an Epistle to him . This is one passage in it . Quapropter , ●●li charissime , paeniteat te & memora quam turpe sit , ut tu , qui multis gentihus dono D●● dominaris , al injuriam ejus sis libidinis servus . The Epistle is full of good counsell to be seen in Malmesbury . He ruled forty two yeares . Offa. The eleventh King of the Mercians , and the sixteenth Monarch of the English men . He was a warlike Prince , and for the most part fortunate . He built a Church in Warwickeshire , where the adjoyning Town from it and him , beareth the name Off-Church , and caused a great Ditch to be made , large and deep from Sea to Sea , betwixt his Kingdome and Wales , whereby he might the better defend his Country from the incursions of the Welsh men . And this Ditch is to be seen in many places as yet , and is called Offas Ditch at this day . Lords History of Wales . The Ditch began at the River Dee by Bassing-werke , between Che●ter and Ruthlan , and ran along the hils sides to the South-Sea a little from Bristow , reaching above a hundreth miles in length . Id. the description of Wales . He first gave the Peter-pence to Rome , and was himself at the length shorne a Monk. He raigned thirty nine yeares . Egfrid . The twelfth King of the Mercians , and the seventeenth Monarch of the English. He re-establisht the priviledges and liberties of all the Churches which his Father had supprest . He raigned only four moneths ; he was taken away by sudden death in the hundreth fourty first day after his Fathers decease . Kenwolfe . The thirteenth King of the Mercians , and the eighteenth Monarch of the English men . At home he was an example of piety , peace , justice , and Religion : abroad temperate , humble , and courteous , without vain ostentation , or ambitious conceits . In Warres he was stout and victorious ; in peace studious to enrich his Subjects : he carried himself so at all times , that envy could not touch him with her tongue . Bede dedicateth his Ecclesiasticall History to him . He raigned twenty two yeares . CHAP. IV. OF the Saxons that reigned sole Kings of this Island . 1. Egbert raigned thirty seven years . 2. Ethelwulf ( the son of Egbert ) twenty years . 3. Ethelbald ( the eldest son of Ethelwulf ) five years . 4. Ethelbert ( the second son of Ethelwulf five years . 5. Ethelred ( the third son of Ethelwulf ) five years . 6. Alfred ( the youngest son of Ethelwulf ) five years . 7. Edward ( sirnamed the elder ) twenty three years . 8. Aethelstane ( the eldest son of Edward ) sixteen years . 9. Edmund ( the second son of Edward ) six years . 10. Edred ( the youngest son of Edward ) nine years . 11. Edwin ( the elder son of Edmund ) four years . 12. Edgar ( the younger son of Edmund ) sixteen years . 13. Edward : ( the elder son of Edgar ) forty years . 14. Ethelred ( the younger son of Edgar ) thirty seven years . 15. Edmund ( the son of Ethelred ) in whose time the Danes possessed the greatest part of England . Egbert . The eighteenth King of the West-Saxons , the nineteenth , but first sole and absolute Monarch of the English men . Upon report of the death of Britic , he with great speed returned out of France , where ( during the time of his abode ) he had served with good commendation in the Warres , under Charles the Great ; by meanes whereof ( his reputation encreasing among his own Country-men ) he was thought worthy of the Government , before he obtained it . He first gave this Kingdom the name of England . He ordained by publick Edict , that the Heptarchy possessed by the Saxons , should be called thence forward the Land of the English , whence the Latines took also their name Anglia , and the French that d' Angleterre . There were three hundred years from King Egbert unto William the Conquerour . He raigned over the West-Saxons thirty six years and seven moneths , and Monarch of the whole Island seventeen . Ethelwulfe . The nineteenth King of the West-Saxons , and the twentieth Monarch of the English men . He being once himself nuzled in that order , was alwayes good and devout to religious orders . He was so well learned and so devout , that the Clerks of the Church of Winchester did choose him in his youth to be their Bishop , which function he took upon him , and was Bishop of Winchester for seven years before he was King. The History of Cambria by Lhoyd , augmented by Doctor Powell p. 32. A Monk , a Deacon , and a Bishop , yet elected King , because they could not finde a fitter person for the Crown . Necessitate cogente factus est Rex , Roger Hoveden . He ordained that Tythes and Church-Lands should be free from all taxes and Regall services . Ethelwolphus Rex omnium historicorum consensu & fide praestantissimus , nec pietatis magis quàm rerumoptimé gestarum laude celebri● & illustris . Anti Sanderus Dialogo secundo . Polyd. Virgil in the fifth Book of his English History saith of King Alfred : Atqui Neotum inprimis monas●icae professionis virum sanctissimum , ob eximiam eruditionem , miro amore complexus est , quo hortante , Oxonij gymnasium instituit , proposita mercede omnibus . His second son by his Queen Iudith , daughter of Charles the bald Emperour , King of France , Neote , was much addicted to learning , and was one of the first Divinity readers in the University of Oxford . He was interred in the County of Huntington , at a place then called Arnulphsbury , and afterwards in regard of his interment St. Neots , and now St. Needes . This King was famous for having four sons , who all of them were Kings of this Land successively . He raigned twenty years , one moneth , and nine dayes . Ethelbald . The twentieth King of the West-Saxons , and the twenty first Monarch of the English men . He took Iudith his stepmother to be his wife ; this prodigious incest was soone punished by his untimely death . He raigned five years . Ethelbert . The one and twentieth King of the West-Saxons , and the two and twentieth Monarch of the English men . The first Christned Prince of all the Saxon Nation . Omnium Anglo-Saxonum regum Christi nominis primus hospes . Twini Comment . de rebus Brittanicis . His name signifieth nobly-conceited or advised , or of noble conceit or advisement . Verstegan . He raigned over the Kentish-South , and East-Saxons ten years , and was Monarch of the whole only five . Ethelred . The two and twentieth King of the West-Saxons , and the twenty third Monarch of the English men . Great was the valour of this King ; for in his short time of Raign , as Malmesbury and other Writers record , he fought no less than nine set Battels against the Danes in one year , in most of them victorious . At Wintburne in Darset-shire there is this Epitaph written on his Tomb. In hoc loro quiescit corpus S. Ethelredi Regis West-Saxonum Martyris , qui anno Domini DCCCLXXII . XXIII . Aprilis per manus Danorum Pag●norum occu●●uit . He raigned in great trouble five years , saith Malmesbury . CHAP. V. Alfred , Aelfred , or Alvred . THe twenty third King of the West-Saxons , and twenty fourth Monarch of the English men . He was the first annointed King of England , as glorious for his most excellent Laws , transcendent Justice and Civil Government , as for his martiall exploits , victories , and for his incomparable piety and extraordinary bounty to the Clergy and learned men . Of his great memory when he was young , vide Asserium de Aelfredi rebus gestis . He was accounted a good Grammarian , Rhetorician , Philosopher , Musician , and Poet. His Raign began with troubles and Warres , in defence of the Land which the Pagan - Danes intended to destroy ; and though his powers were small , yet was he forced into the field within one moneth after his Coronation . He fought no less than forty six bloudy Battels ( saith Spelman ) with the Danes by Land and Sea , for his Countries liberties . Vir in bell● per omnia strenuissimus . Asserius . He was once brought to that extremity , that he was forced to leave his Companies , and lurk in Somerset-shire Marshes . The solitary place of his most residency , was an Island inclosed with two Rivers Thane and Parret , at their meetings in the County of Somerset , commonly called Edeling se● , where he in very poor attire disguised , was entertained into a Cow-heards service , where on a time as he sate by the fire in trimming of his Bow and sha●ts , a Cake of dough baking on the hearth before him , chanced to burn ; the Cowheardess coming in , and seeing him minde his Bow more than his bread , in a great ●ury cast away both his Bow and arrowes , and checking him said , Thou fellow dost thou see the bread burn before thy face , and wilt not turn it , and yet art thou glad to eat it before it be half baked ? Of the naturall dayes twenty four hours , eight he allotted for devotion and contemplation , eight for refection and recreation , and the eight remaining for matters of the Commonwealth . Iulius Caesar having spent the whole day in the field about his military affairs , divided the night also for three severall uses , one part for his sleep , a second for the Commonwealth and publike business , the third for his studies . Peacham . He translated Gregories Pastorals , B●les History , and Boethius de Consolatione Philosophiae into the Saxon tongue , and began to do the like with Davids Psalmes . In divinis libris & sacra lectione tam assiduus erat , quod Davidicum Psalterium , vel aliquem alium librum aedisic●●torium in sinu suo semper ferret ; & viros literatissim●s de terris exteris ad se accersens , aliquandiu in Palatio suo secum pro sacris literis addiscendis retentos , demum diversis praelatiis & dignitatibus premoveret . Ingulphi Historia p. 870. vide plura ibid. & p. 871. He restored the decayed University of Oxford , by fixing therein a Colledge , ( now bearing the name of Vniversity-Colledge ) and annexed ample maintenance unto it . He divided his Kingdome into Shires , Hundreds and Tithings , for the better ordering and administring of justice , and for the abandoning of theeves , which had formerly encreased by the meanes of long Warres ; whereby notwithstanding the multitude of Souldiers continually imployed , it is reported that a Virgin * might travell alone in his dayes through all his Dominions , without any violence offered ; and that Bracelets of gold were hanged in the high wayes , and no man so hardy as to take them away . William the first so well provided for execution of Justice upon offenders , that a young maiden well charged with gold , might travell in any part of the Realm , without any offer of injury unto her . Hayw. He permitted none in office in Court , or elsewhere , unless he were learned , which incited his Nobles to the earnest pursuit of learned Arts , and to train up their children in good letters . He caused all former Lawes to be surveyed , and made choice of the best , which he translated into the English tongue . He begins his Lawes with a religious Majesty , Loquutus est Dominus ad Mosem hos sermones , &c. and cites all the Decalogue . Abbot Ethelred gives this encomium of his Lawes , Leges Christianissimas & scripsit , & promulgavit , in quibus fides ejus & devotio in Deum , sollicitudo in subditos , misericordia in pauperes , justitia circa omnes cunctis legenti●us patet . He had so great a love to learning , that he made a Law , that all Freemen of the Kingdome , possessing two Hides of Land , should bring up their sons in learning , till they were fifteen years of age at least , that so they might be trained to know God , to be men of understanding , and to live happily . He bestowed the sixth part of his riches and Rents , upon the poor strangers of the Countrey , and sent every year little less to forraign Churches without the Realm . Dalechamps Christian hospitality . c. 3. He was very learned , a quality rare in his time ; and as Solomon , Alexander the Great , Iulius Caesar , Augustus , and our Charlemagne , ( saith Andre Du Chesne ) he joyned learning and valour , and was clement , liberall , pious and devout , and adorned with all royall vertues and endowments . I may in some respects compare him with Almansor , the learned and victorious King that conquered Spain . He was at fifteen years so skilfull in the seven liberall Sciences , that they who were the most learned in them , spake of them in his presence with much fear and bashfulness ; for at every other word he corrected the imperfections which proceeded out of their ignorance . At the five and twentieth year of his age , he spake eleven languages , reading and writing them as perfectly as the very Naturals themselves . He divided the dayes of the week after this manner . The Friday for matters of his Religion , in which he was very devout . The Saturday for matters of Justice . The Sunday for matters of Warre . The Munday for the government of his Kingdomes . The Tuesday and Wednesday for his recreations and private affairs . And the Thursday for matters of learning . He chastised theeves so severely , that none durst take any thing from other , neither in City , nor in Countrey ; as well in deserts , as in peopled place● . And in so great awe they were of him , that if any one had lost ought in the street , or Market-place , none durst meddle therewith , otherwise than to leave it at the next Shop , and cause it to be cryed , till the owner were found , to whom it was to be restored . None ever ●ought for alms or succour at his hands , whether he were Moor , Christian , or Jew , that went away unrelieved . He was worthily called the Conquerour , being never overcome . He won eighty six Battels by Sea and by Land ; and took five Kings , subdued three parts of the world , Asia , Africke , and Europe . His life and death by Ashley . Alfred's Arms are to be seen in the publike Hall of University-Colledge in Oxford . The Archdeacon of Huntington speaking of the continuall travail he had during his Raign , relates these Verses of him . Nobilitas innata tibi probitatis honorem , Armipotens Aelfrede dedit , probitasque laborem ; Perpetuumque labor nomen , cui mixta dolori Gaudia semper erant , spes semper mixta timori . Si modo victor eras , ad crastina bella pavebas , Si modo victus eras , ad crastin● bella parabas : Cui ve●tes sudore jugi , cui ●●eca cruore Tincla jugi , qu●●ntum s●t onus regnare , probarunt . Non fuit immensi quisquam per climata mundi , Cui tot in adversis vel respirare liceret , Nec tamen aut ferro contritus , poncre ferrum , Aut gladio potuit vitae finisse labores . Iam post transactos vitae , regnique dolores Christus ei sit vera quies , sceptrumque perenne . He raigned twenty seven years say some ; twenty eight saith Powell , the writer of his life . Ingulphus saith he died in the twenty ninth year of his Raign . CHAP. VI. EDWARD the elder . THe twenty fourth King of the West-Saxons , and twenty fifth Monarch of the English men . Fuit Edwardus forma eximia , ac per omnes aetatis gradus decentissima . Polyd. Virg. Ang. hist. l. 6. Before the conquest of the Normans , there were in England three Edwards , 1. This Edward the elder ; 2. Edward the Martyr ; 3. Edward the Confessor . We have had more Kings of England of this name , than of any other ; nine in all , three before the conquest , and six after it . Verstegans Etymology of our Saxon proper names . Henry , the name of seven Emperours of Germany ; eight Kings of England , four Kings of France , four Kings of Castile . Phillips his new world of English words . He was heir apparent to his Father Alfreds valour and vertues , as well as to his Crown . Some say he was the great Iustinian of our Nation . Our Laws being suppressed by the Danish Kings , were revived and reinforced in the time of Edward the Confessor ; whence they had the name of Edward the Confessors Laws . He raigned in great Warres and honour the space of twenty four years . So Henricus Huntingdoniensis saith , Paternum regnum tenuit 24. annis . Ethelstan or Adelstan . The twenty fifth King of the West Saxons , and the twenty sixth Monarch of the English men . He was crowned at that Kingly Town Kingston . In Regia villa , in Regem levatur . Rog. de Hoveden . He began his Kingdome with War , and ended in peace and tranquillity . He was the worthiest Prince ( saith Lhoyd ) of Saxon bloud , that ever raigned . Being seduced by the bad Counsell , and false suggestions of one of his favourites , he banished his Brother Edwin unjustly , commanding him to be sent to Sea , with only one servant , and in a Boat without Oar or Sail , wherein he perished . His Cup-bearer after in his service upon festivall , stumbled with the one foot , and recovering himself with the other , pleasantly said , You see how one Brother helpeth another ; upon which speech , the King with grief and touch of heart , called to mind the death of his innocent Brother , occasioned by his wicked Counsell , and forthwith commanded execution to be done on him the procurer ; and himself was ever after more tender and carefull toward his other Brethren . Leyland in his new years gift to King Henry the eighth , reckons him amongst other learned men of the Kings Progenitors . The chiefest of his works for the service of God , and good of his Subjects , was the translation of the Bible into the Saxon tongue , ( which was then the mother-tongue of the Land ) out of the Hebrew . Of this work Leyland also speaks in the work before-mentioned . His Laws are mentioned by Lambard in his Saxon Laws . He raigned in great honour the space of fifteen years , and odd moneths . Edmund . The twenty sixth King of the West Saxons , and twenty seventh Monarch of the English men . The good Laws he made are extant in Saxon and Latine , by the industry of Mr William Lambard . He had by his Queen Elgina two sons , Edwin and Edgarus , sirnamed Pacificus , which both raigned after him . By him were expelled the Danes , Scots , Normans , and all forraign enemies out of the Land. He raigned six years and a half . At his Mannor of Puclekerkes in the County of Glocester , whilest he interposed himself between his Sewer and one Leof , to part a fray , he was with a thrust through the body wounded to death , when he had prosperously raigned the space of five years and seven moneths . Rogerus de Hoveden annal part 1. Malmesbury l. 2. c. 7. and others , say this Leof was a thief , which the King espying at a festivall , he pulled him by the hair , and cast him to the ground ; but he drawing out his weapon , stabbed the King. Vide Polyd. Virg. Ang. hist. l. 6. Edred . The twenty seventh King of the West Saxons , and twenty eighth Monarch of the English men . He suffered his body to be chastised at the will and direction of Dunstan Abbot of Glassenbury ; unto whose custody he also committed the greatest part of his treasure and richest Jewels , to be lockt in his chests , and under the keys of this Monastery , where it remained , till the King fell sick of his last sickness ; at which time it was demanded , but never restored ; for Dunstan being on his journey with the same to the King , a voice from heaven spake unto him , and said , Behold King Edred is now departed in peace ; at the hearing of which words , his horse immediately fell down and died ▪ Whereupon he returned again to his Monastery ; and though he lost his horse , yet was he recompenced thereby with the gain of the Kings treasure and Jewels . He raigned in great honour nine years and odd moneths . Edwin or Edwy . The twenty eighth King of the West Saxons , and twenty ninth Monarch of the English men . He was but thirteen years old when he began to raign . He was Nephew to Edred . He favoured not the Monkes , which made them write so scandalously of him . He thrust them out of Malmesbury and Glassenbury , placing married Priests in their room ; and banished Dunstan their great Champion into Flanders . The true causes of his banishing him , ejecting the Monkes , and seizing their lands and treasures , was , that Dunstan had so bewitched Edmund , Edward , Aethelstan , and Aedred his predecessours , with the love of Monkery , as they not only took violently from married Priests their livings , to erect Monasteries , but also lavishly wasted much of their own royall treasures , lands , and revenues upon them , which they should rather have imployed in resisting the common enemies of God and their Countrey , the Danes . Ioscelin the Author of Antiq. Brit. Bishop Godwin , Speed , and others conceive , that the true cause why the Mercians and Northumbrians , ( and those only , not the rest of his Subjects and Kingdome ) rejected him , and set up his Brother Edgar , ( whose vices were more exorbitant in some degrees than Edwins ) was the malice of Dunstan and Odo ( the pillars and Oracles of the Monkish Clergy ) who stirred up the Mercians , and seditious rebellious Northumbrians against him , to set up Edgar in his stead , who was totally devoted to them and Dunstan , by whose counsels he was afterwards wholly guided , and built no less than forty seven new Monasteries for the Monks ; besides all those he repaired , intending to build three more had he lived , to make them fifty compleat . He raigned but four years . CHAP. VII . EDGAR . THe thirtieth Monarch of the English men . The Raign of this King is said to have been altogether in a calm tranquillity , and therefore he was sirnamed Pacificus , the Peaceable . His vertues were many , and vices not a few ; the one gloriously augmented , and the other fairly excused , by those Monkish writers , unto whose professions he was most favourable . Tunc ordo Monasticus jamjudum lapsus p●acipuè caput erexit . Malmesb. l. 2. c. 8. He unravelling the web his Brother had weaved , recalled Dunstan out of banishment , and made him Archbishop of Canterbury . His Summer progresses , and yearly chief pastimes , were the sayling round abou● this whole Isle of Albion , guarded with his grand Navy of four thousand sail at the least , parted into four equall parts , of petty Navies , each being of a thousand Ships . Dee's Brittish Monarchy , p. 56 , 57. he calls him there that Saxonicall Alexander . See more there ; and p. 55 , 58 , 59 , 60. He appointed the Prince of North - Wales to bring him yearly three hundred skins of Wolves , for a tribute , which continued for three years space , but in the fourth was not a Wolf to be found ; and so the tribute ceased . Upon the River Dee he had seven petty Kings to row his Barge , to shew his greatness . He was very lascivious . Leges apprimè utiles tulit , quas vetustas in oblivionem fermè adduxit . Of his Laws , vide Lambardum de pris●is Anglorum legibus . It is sure enough there have not been more famous men , than some of no great stature , as the instance of King Pipin in the French History , and this King in our own , will make manifest . In the time that the Saxons had this Realm in subjection , he had subdued all the other Kings Saxons , and made them his Tributaries . On a time he had t●all all with him at dinner ; and after it was shewed him , that Rynaud King of Scots had said , that he wondered how it should happen , that he and other Kings , that were tall and great personages , would suffer themselves to be subdued by so little a body , as Edgar was ; Edgar dissembled , and answered nothing , but faining to go on hunting , took with him the Scottish King in his company , and purposely withdrew him from them that were with him , causing by a secret servant , two swords to be conveyed into a place in the forrest , by him appointed . As soon as he came thither , he took the one sword , and delivered the other to Rynaud , bidding him to prove his strength , and to essay whether his deeds would ratifie his words . Turpe est enim Regi in convivio esse dicaculum , nec esse in praelio promptulum . Whereat the Scottish King being abashed , beholding the noble conrage of Edg●r , with an horrible fear confessed his errour , desiring pardon , which he ( with most humble submission ) at the last obtained . For his excellent vertues and prosperou● Raign , he was called Honor & deliciae Anglorum . Malmesbury . Or as Ingulphus ter meth him , Honor & Rosa Regum . In his time all Ecclesiasticall Orders flourished ; learned and vertuous men were highly esteemed ; all Civil and forrign Warres ceased ; and he was called the King of Albion , being no less powerfull by Sea , than by Land. Mexia's Treasury of time . vol. 2. l. 7. c. 1. He was Angliciorbis flos & decus , n●●n minus mem●rabilis ●●nglis , quam Cyrus Persis ; Romulus Romanis : Alexander Macedonibus ; Arsaces Parthis ▪ Carolus Magnus Francis ; as Malmesbury , Abbot Ethelred , Florentius Wigorniensis , Simeon Dunelmensis , Henry Huntingdon , Matthew Westminster , R●ger de Hoveden , and others record of him . Immediately after his death , Res & spes Anglorum retro sublapsae sunt , totius Regni status est per●urbatus ; & post tempus laetitiae quod illius tempore vigebat pacified , caepit tribulatio undique advenire ; as Malmesbury , Wigorniensis , Hoveden , Simeon Dunelmensis , and Bromton observe . Such an incomparable loss was the death of so just , pious , and prudent a King to the whole Nation , Qui 〈◊〉 viti● , pos●e● 〈◊〉 virtutibus delevi● , when most others do quite contrary . He raigned sixteen yeares and two moneths , in great tranquillity and honour , and died in the 37th year of his age . After Edgar's death , the Danes so plagued this Realm , that there was nothing setled in it , either in Church or State , till finally they obtained the Kingdome . The Danes raigned in England 25. years . But Speed saith they molested England for two hundred eighteen years . See Ayscu his Declaration of the first Inhabitants of this Island . The Danes by strength caused Husbandmen to ear and sow the land , and to do all other vile labour that belonged unto Husbandry ; and the Dane held his wise at pleasure , with daughter and servant . When the Husbandman came home , he should scantly have of his own , as his servants had ; so that the Dane had all at his commandement , and did eat and drink his fill of the best , when the owner had scant his fill of the worst . Besides this the common people were so oppressed by them , that for fear and dread they called them in every such house as they had rule of , L●rd Dane . But in process of time , after the Danes were voided the Land , this word Lord Dane was in derision and despight of the Danes , turned by English men into a name of reproach , called Lurdane , which yet is not forgotten ; for if one English man will rebuke another , he will say , Thou art but a Lurdane . Grafton . Edward , sirnamed the Martyr . The thirty first Monarch of the English men . He began his Raign at twelve years of age . Adolescens summae sanctitatis & frugi , ea modestia regnare caepit , ut omnibus charissimus esse● , quippe qui paternas virtutes gnaviter imitabatur . Polyd. Virg. Ang. hist. l. 6. The end of this young King was lamentable , being stabbed ( by his Stepmothers treachery ) when he was drinking a cup of wine on Horseback , when he in kindness came to visit her ; through which wound fainting and falling from his Horse , he was dragged to death by his foot intangled in the stirrop . He raigned three years , and six ( some say eight ) moneths . CHAP. VIII . ETHELRED . FOx calls him Egelred or Elred . The two and thirtieth Monarch of the English men . He was a man neither for ward in action nor fortunate in proceedings , and therefore , commonly called the unready . He defiled the Font at his Baptism with his ordure ; whereupon Dunstan being troubled in his mind , by the Lord ( said he ) and his blessed mother , this childe shall prove a sloathfull person . He was half Brother to King Edward , who was treacherously murdered , and so much lamented his Brothers murder , ( saith Malmesbury l. 2. c. 10. ) being then but a childe of ten years old , and so detested it , that his Mother Elfrida falling therewith in a rage , took wax Candles ( having nothing else at hand ) wherewith she scourged him so sore ( well near till he swouned ) that after the same he could never abide any wax Candles to but● befor him . Of his Laws vide Lambardum de priscis Anglorum legibus . The Danes grew upon him so fiercely , that he was forced to purchase his peace from them , with great summes of money , to the undoing of his poor Kingdome . To put a period to this insufferable vass●lage , a bloudy massacre was executed upon them , by the Kings secret Commission on St Brices day ; but such bruitish courses never find a wished close . He most unfortunately raigned thirty seven years and nine dayes . Edmund , sirnamed Ironside . The thirty third Monarch of the English men , and the third son to Ethelred . He was of personage tall ; for courage , hardy ; strong of limmes , and well could endure the travels of Warre ; whence some conceive that sirname was given him ; not for that he used to go alwayes in armour , as some would have it . He fought with Cnute a royall single du●ll , first on horseback , then on ●oot , in the Isle of Olerenge , or Olney ( near Glocester ) in the midst of Severn , in the view of both their Armies , with extraordinary courage , and equall success , till they were both quite tired , but neither of them vanquished . At last upon Cnu●es motion they began to parly in a friendly manner , and divided the Realm between them ; Edmund enjoying that part which lay coasted upon France , and Canutus entred upon the rest . But Ironside enjoyed not long his part ; for Duke Edrick a very compound of treasons , contrived the end of renowned Edmund , who being retired to a place for natures necessity , he thrust from under the draught a sharp spear into his body ; and having thus murthered him , he cut off his head , presenting it to Canutus , with this ●awning salutation , All hail ▪ thou now sole Monarch of England , for her● behold the head of thy Co-partner , which for thy sake I have adventured to cut off . Canutus though ambitious enough of Soveraignty , yet abhorring in his heart so detestable a murther , and knowing that he who was faithless to his naturall Soveraign , would never be faithfull to him a stranger ; commanded his head to be divided from his shoulders , and placed upon the highest gate in London . Mors hujus Principis sanè miserabilis fuit , tum quod florem ejus aetatis rapuerit , tum quod totum regnum in praeceps dederit . His Raign continued only seven moneths , in which time he fought seven or eight Battels , in defence of his Countrey , People , and their Liberties . By his untimely death , the Saxon●Monarchy ●Monarchy was devolved to the Danes . CHAP. IX . The Danes Monarchs . CANUTUS . THe first Danish King raigning in England , and the thirty fourth Monarch of the English men . He is more truly called Cnute , Cui ex magnitudine rerum gestarum magni nomen accessit . Krantzii hist. Daniae l. 4. A valiant and prudent Prince . This Invader of Ironside's Kingdome ( the better to secure his Empire against Prince Alfred and Edward , Edmunds Brothers ) married Emma his Queen . After this marriage , to establish his Monarchy over England , he endeavoured by all means to reconcile the English to him . 1. By advancing some of the English Nobility to places of honour and trust . 2. By granting to the English equall rights and priviledges with his Danes , in consessu , in consilio , in praelio , and advancing them both alike . 3. By favouring and inriching the English Clergy , and Church-men , and manifesting extraordinary piety , devotion , bounty , in repairing , building , endowing Monasteries and Churches throughout the Realm . 4. By easing them of his Danish Forces . 5. By ratifying all their former good old fundamentall Laws , rights , liberties , priviledges , which they used , enjoyed under their Saxon Kings , by enacting other good wholsome Laws , repealing all unjust Laws , and redressing all exactions and grievances . A company of flatterers which extolled his greatness and power to be unmatchable , he caused to place him in a chair , where the Sea ebbs and flowes at South-hampton , that by the disobedience of the Tide , that would not stop at his command , but presumed to dash his royall garments , they might learn how low man is at the highest , and not to applaud his fortune , but fear his fall . He acknowledged God alone to be King of this great Element , because the Sea is his , and he made it . The flatterers of Alexander the great , made him believe that he was the son of Iupiter ; but being one day sore hurt , and seeing the blood gush out of his wounds , What think you of this ? ( said he unto them ) Is not this blood of a lively red hew , and meerly humane ? He was the greatest Prince of power that ever before him raigned over the English people . England , Denmarke , Norway , ( some adde also part of Sweden ) together with Scotland , were wholly subject unto him . Filiam suam Imperatori Romano cum ineffabilibus divitiis maritavit . Hunting . hist. l. 6. In a Parliament at Oxford he made good Laws , whereof these were some that concern Religion . First , For the celebration of divine service , it was ordained , that all Ceremonies tending to the increase of reverence and devotion , should be used as need required . Secondly , That upon the Sabbath day , all publick Fairs , Markets , Synods , Huntings , and all secular actions , should be forborn , unless some urgent necessity should require it . Thirdly , That every Christian should thrice in the year receive the blessed Sacrament of the Lords Supper . Fourthly , That a married woman convict of adultery , should have her nose and ears cut off . Krantzius much extols him as the most famous of the Kings of Denmarke . He was a just Prince in all , saving his tyranny against the two young Princes , the sons of Edmond . The lustre of this new erected Monarchy , had no sooner displayed its beams in Canutus , but like an unthrifty Taper it began to glimmer in Harold , and absolutely expired in Hard knute , who dying issueless , the current of royalty ran back again into the channell of the Saxon bloud , which flowed in the veins● of Edward , sirnamed the Con●essor . Philpot's Preface to his Villare Cantianum . After he had in great glory reigned about nineteen years , he deceased at Shafiesbury in the County of Dorset , and was buried in the Church of the old Monastery at Winchester , where Queen Emma made her abode ever after . Harold . The second Danish King raigning in England , and the thirty fifth Monarch of the Land. He was called Hare-foot , by reason of his swiftness . Canutus had him by a Concubine , a Shoomakers daughter . This base son of Cnute , dispossessed his legitimate son Harde-Cnute of the Crown of England , contrary to Cnutes will and contract ; banished and spoiled Queen Emma of her treasure and Jewels ; oppressed the people with taxes ; and was soon cut off by death , without any issue . He was an oppresser of his people , and vitious . He raigned four years and four moneths . He was neither in Warres so hardy , nor in Government so prosperous , as his Father Canutus before him had been . Harde-Canute . The third Danish King that raigned in England , and the thirty sixth Monarch of the English men . For his noble courage he was called Harde-Canutus . ( The first great Prince of the house of Burgundy , was Philip , sirnamed the Hardy . ) His recalling his Mother Emma , and half Brother Edward , and entertaining them respectively , deserves commendation . His Epicurism left an ill custome to all posterity . Four times a day his Table must be covered , to invite men to intemperancy ; through which at a marriage , he is thought to have choaked himself at Lambeth , most rejoycing to be rid of him ; in memory whereof Hock-tide , a Feast of scorning or triumphing , was a long time continued after . The English men learned of him their excessive gormandizing , and unmeasurable filling of themselves with meates and drinkes . At the death of this King , died all rule of the Danes in this Land , after they had miserably afflicted the Kingdome for the space of two hundred and forty yeares , though in Regall government , but only six and twenty , under these three last Kings . He raigned two yeares , lacking ten dayes . The Danes ruled in this Land almost thirty yeares , and raged ( without all rule ) about three hundred and fifty . Lamberts Perambulation of Kent . CHAP. X. Edward the Confessor . THe son of King Ethelred , the thirty seventh Monarch of the English men . He was born at Islip near unto Oxford , and tenderly educated by Queen Emma his Mother , and after his Fathers death , for safety sent into France . He was the last King of the Saxon race . Such was the opinion conceived of his holiness of life , as that shortly after his decease , he was canonized amongst the Saints , and named Edward the Confessour . To gain the more love of his Subjects at his first entrance , he remitted the taxe of forty thousand pounds , yearly gathered by the name of Dane-gilt , so grevous to the Commons . Fertur Edwardus Confessor ( teste Ingulpho ) cùm se daemonem vidisse , super dcervo Daingeldi exultantem protestatus esset , aspectunique exhorruisset ; collecium illico restitui juss●sse , & retento ne iota uno , feram exactionem perpetuum relaxasse . Spelmanni Glossarium Danegaldi redditio propter pyratas primitus statuta est . Hoved. dnnal . pars posrerior ▪ p. 603. vide plura ibid. He collected the Laws of his predecessors into a body , for the administration of justice , which some say are the ground of our Common-Law , though the pleading be altered , since the Norman conquest . He found the Realm governed by three different Laws ; the West-Saxon Law ; the Mereian Law ; and the Dane Law. Out of these three Lawes , partly moderated , and partly supplied , he composed one body of Law , commonly called St Edwards Laws , which were of so great equity , that when they were abrogated by the Conquerour , and the Crown fell into controversie between Maud the Empress , and King Stephen , the people alwayes inclined to favour that part , who put them in fairest hope of restitution of those Laws . And afterwards in many Civil dissensions , the greatest demand of the people appeareth to have been the restitution of King Edwards Laws . These Laws are partly Ecclesiasticall ; partly Civill . Lambard de priseis Anglorum legibus , mentions Leges boni Regis Edwardi , quas Gulielmus Bastardus postea confirmavit . In these Laws it is observable ; 1. That all capitall , corporall , pecuniaty punishments ; fines for criminall offence● ▪ 〈◊〉 all reliefs , services , and duties to the King , are reduced to a certainty , not le●t arbitrary to the King , his Justices , or other Officers , for the Subjects greater liberty , ease and security . 2. That they protect , preserve the possessions , priviledges , persons of the Church and Clergy , from all invasion , injury , violence , and disturbance . The Raign of this King was very peaceable . He first used the broad Seal . His Wife was named Editha , the vertuous Daughter of an infamous Father , Earl Godwin . Sicut spina Rosam , genuit Godwinus Editham . His unnaturall dealing with his good Mother Emma , and vertuous Wife Editha , in whose breast there was a School of all liberall Sciences , saith William Malmesbury , cannot be excused . For upon a poor surmise of Incontinency , with Alwin Bishop of Winchester , his Mother in his presence was put to the * Ordalium , to pass blindfolded between nine glowing Coulters , which she did without hurt . His refusing carnall copulation with his Queen , either out of a vowed virginity , as most Historians conclude ; or out of a detestation of Earl Godwins trayterous race , quod Rex religiosus de genere proditoris , haeredes , qui sibi succederent , corrupto semine regio , noluerit p●●r●ari , as Ingulphus , Matthew Westminster , and others record ; whereby he exposed the Kingdome for a prey , to the ambitious pretenders aspiring after it . The King after this craved mercy and pardon from his Mother , for the infamy and injury done unto her , for which he was disciplined and whipped by his Mother , and all the Bishops there present . The first curing the Kings Evil , is referred to him , and thence to have continued to his successors . Solebat Rex Edwardus divinitus solo tactu sanare strumosos , hoc est , strumam patientes . Est enim srruma morbus , quem Itali scrophula● vulgo vocant , à scrophis , quae ea mala scabie afflictantur . Polyd. Virg. Ang. hist. l. 8. Struma gutturis vitium , quod nonnulli scrophulam dicunt , solo tactu in quam plurimis sanasse dicitur . Lil. Ang. Reg. Chronicon . He raigned twenty three years , and six moneths , and died in the Painted Chamber at Westminster . He built St Peters Church in Westminster , and was there buried . In hoc Rege linea Regum Angliae defecit , quae à Cerdicio primo Westsaxonum Rege , ex Anglis , quingentis & septuaginta uno annis , non legitur interrupta , praeter paucos Danos , qui peccatis exigentibus gentis Anglorum , aliquandiu regnaverunt . Harold . The second of that name , the thirty eighth Monarch of the English men . Son of Earl Goodwin , a man of excellent parts , and approved valour . He driven by tempest into Normandy , was affianced to Adelizi , the Dukes fifth Daughter . He covenanted with the Duke to make him successor to Edward , in the Kingdome of England . Mr. Fox's Acts and Monuments vol. 1. Mr. Cambden in his Brittannia ; Holinshed ; Sir Iohn Hayward ; Sir Richard Baker incline to this opinion , that Harold by his might , power , craft , policy , usurped and invaded the Crown without any right , against his Oath . After Edwards death , the Duke sent to him to put him in mind of his Covenant and Oath ; but Harold replied , that this Oath being constrained , did no way binde . The Duke William landing in Sussex , to cut off all occasion of return , he fired his own Fleet , and upon the shore erected a fortress , to be if need were a retiring place for his Souldiers . Harold and he fighting seven miles from Hastings in Sussex , Harold was slain , and his Army vanquished . His overthrow was a just punishment of God upon him , for his perjury . He raigned but nine moneths , and nine dayes . In him was compleated the period of the Saxons Empire in Brittain , after they had continued from their first erected Kingdome by Hengis● in Kent , the space of six hundred and ten years , without any interruption , saving the small inter-Raigns of three Danish Kings . The Normans were a mi●● people of Norvegians , Suevians , and Danes . That Province in France was then called Neustria , and now Normandy , of the name Norman , given unto them , because they came out of the North parts . The Normans laboured by all means to supplant the English , and to plant their own language amongst us ; and for that purpose , they both gave us the Lawes , and all manner of pastimes , in the French tongue ; as he that will peruse the Laws of the Conquerour , and consider the terms of Hawking , Hunting , Tenice , Dice-play , and other disports , shall easily perceive . Lamb's Perambulation of Kent . CHAP. XI . WILLIAM the first , sirnamed the Conqueror . RObert Duke of Normandy , the sixth in descent from Rollo , riding through Falais a Town in Normandy , espied certain young persons dancing near the way . And as he stayed to view a while the manner of their disport , he fixed his eye especially upon a certain Damsell named Arlotte ; of mean birth , a Skinners Daughter , who there danced among the rest . The frame and comely carriage of her body ; the naturall beauty and graces of her countenance ; the simplicity of her rurall both behaviour and attire , pleased him so well , that the same night he procured her to be brought to his lodging , where he begat of her a Son , who afterward was named William . The English afterwards adding an aspiration to her name , ( according to the naturall manner of their pronouncing ) termed every unchast Woman , Harlot . He seized the Crown of England , not as conquered , but by pretence of gift or adoption , aided and confirmed by nearness of bloud ; and so the Saxon Laws formerly in force , could not but continue ; and such of them as are now abrogated , were not at all abrogated by his conquest ; but either by the Parliaments , or Ordinances of his time , and of his successours ; or else by non-usage , or contrary custome . Mr. Seldens review of his History of Tythes , c. 8. see more there . He never made the least pretence , claim , or title to the Crown and Realm of England , only as an absolute Conquerour of the Nation ; but meerly by title , as their true and lawfull King , by designation , adoption , and cognation , seconded with the Nobles , Prelates , Clergy , and peoples unanimous election . And although it be true , that this Duke ejected Harold , and got actuall possession of the Throne and Kingdome from him by the sword ; as did Au●elius Ambrosius ; and others before ; and King Henry the fourth ; Edward the fourth ; and Henry the seventh ; yet that neither did , nor could make him a King by conquest only , no more than these other Princes ; seeing the end of this Warre was not against the whole English Nation , the greatest part whereof abetted his interest ; but only against the unjust usurper and intruder , King Harold , and his adherents . Although the Laws of this Kingdome , and of all other Civill States at this day , exclude Bastards ( without a subsequent legitimation ) from inheritance ; yet by the Laws of Norway , a Princes Son gotten on a Concubine bond or free , was equally inheritable , as any other born in wedlock ; which was I believe no small reason , why he stood at first so much for the Laws of Norway to have been generally received in this Kingdome . And some stories also say , that Arlet , or Arlee , ( as she is sometimes written ) was to him a good while vice uxor is . If she were so his Concubine ( between whom and a wife , the old Imperialists make no other difference but honour and dignity ; and by them also some kind of inheritance is allowed to such Bastards , as are naturales liberi , that is gotten on Concubines ) it was much more reasonable that her son should be reputed as legitimate , than that the son of every single woman , bond or free , whether Concubine or no , should be so , as those of Norway allow . Mr. Seldens review of his History of Tythes . First landing at Pems●y in Sussex , he fell down , stumbling as he came out of his Ship. O Dux Angliam tenes ( said one of his Knights ) Rex futurus , ( so Matthew Paris ) and espying that he had brought up sand and earth in his hand , added , Yea and you have taken Livery and Seisin of the Conutrey . Seldens Titles of honour in 4. to p. 34. When he had landed his Forces , he fortified a piece of ground with strong trenches , and caused all his Ships to be set on fire , leaving to his Souldiers no hope to save themselves , but only by victory . After this he published the causes of his coming in Arms ; to challenge the Kingdome of England , given to him by his Cousin King Edward , the last lawfull possessor at that time thereof . And to revenge the death of his Cousin Alfred , Brother to the same King Edward , cruelly and deceitfully slain by Earl Goodwin , and his adherents . In the Battell between King Harold and him , at the last Hareld was struck with an arrow through the left eye into his brains , of which wound he presently died . He was buried by his Mother at Walsham Cross , within the Monastery which he had founded . Ibi Gulielmus perblandé ac perbenigné locutus , simulque magnifica pollicitus , ab omnibus , quanquam non pari alacritate , diem festum celebrantibus , rex declaratur . Polyd. Virg. Ang. hist. l. 9. Where this Battell was fought , the Conquerour after founded Battail-Abbey . He was crowned at Westminster , by Aldred Archbishop of Yorke , anno Dom. 1066. His strength was such , that few men could draw his Bow ; and being about fifty of his age , when he subdued this Kingdome , it seems by his continuall actions , he felt not the weight of years upon him , till his last year . He enclosed new-Forrest in Hamshire , for which he dispeopled Villages and Towns , about the space of thirty miles , to make a desert for Beasts of chase ; in which place afterward two of his sons , Richard and William , ended their lives ; Richard by a fall from his Horse ; and William by the stroke of an arrow . The Kings great delight in hunting was made the pretence of this Forrest ; but the true end was rather to make a free place of footing for his Normans , and other friends out of France , in case any great revolt should be made . One Herlowin a Nobleman in Normandy , married his Mother Arlotte , and had by her a son named Hugh Lupus , to whom he gave the Earldome of Chester , to hold of him as freely by his sword , as himself held England by his Crown ; by vertue of which Cran● , the said Hugh ordained under him four Barons ; such an honour , as no Subject before or since , ever enjoyed the like . Because conspiracies are commonly contrived in the night , he commanded that in all Towns and Villages , a Bell should be rung in the evening , at eight of the Clock , called Curfu-Bell ; and that in every house they should then put forth their fire and lights , and go to bed ; which custome of ringing a Bell at that hour , in many places is still observed . William the first , whom pride , craft , profit swayd , Did England , but his conscience first invade . Dr. Holiday his Survey of the world . Book 9. By the counsell of Stigand Archbishop of Canterbury ; and of Eglesme Abbot of St. Augustines , ( who at that time were chief governers of Kent ) as the King was riding towards Dover , at Swanescombe , two miles from Graveseud , the Kentish men came towards him armed ; and bearing boughs in ther hands , as if it had been a moving wood , they enclosed him upon the sudden , and with a firm countenance , but words well tempered with modesty and res●ect , they demanded of him the use of their ancient Liberties and Laws ; that in other matters they would yeeld obedience to him ; that without this they desired not to live . The King yeelded to them for the present ; knowing right well , that the generall Customes and Laws of the residue of the Realm , would in short time overflow these particular places . So pledges being given on both sides , they conducted him to Rochester , and yeelded the County of Kent , and the Castle of Dover into his power . He took the review and account of all the Towns and land in England . This Book was called the Roll of Winton , because it was kept in the City of Winchester . By the English it was called Doomes-day Book ; either by reason of the generality thereof ; or else corruptly instead of Domus Dei Book , because it was layed in the Church of Winchester , in a place called Domus Dei. According to this Roll taxations were imposed ; sometimes two shillings , and sometimes six shillings upon every Hide of land , ( a Hide containing twenty Acres ) besides ordinary provision for his house . Vide Seldeni Analecta Anglobrit , l. 2. c. 4. & Spelmanni Glossarium , p. 352. He was too covetous . Sola est do qua merito culpetur pecuniae cupiditas , quam undecunque captatis occasionibus , nihil unquam pensi habuit , quin corroderet , faceret , diceret nonnulla , & pene omnia , tanta majestate indigniora , ubi spes nummi effulsisset . Malmesb. de Wilielmo primo . l. 3. He would often swear by Gods resurrection , and his brightness . Talia per resurrectionem , & splendor●● Dei pronuncians , quod solere● ex industria talia sacramenta facere , quae ipso habitu oris terrificum quiddam auditorum memibus insonarent . Malmesb. de Wilielmo primo . He bare such reverence to Lanfrancke , Archbishop of Canterbury , that he seemed to stand at his directions . Malmesbury l. 4. de Wilielmo secundo , saith , Diu dubitavit mundus , quo tandem vergeret , quo se inclinaret indoles ejus . Inter initia vivente Lanfranco Archiepiscopo ab omni crimine abhorrebat , ut unicum fore Regum speculum speraretur . Quo defuncto aliquandiu varium se praestitit aequali lance vitiorum atque virtutum . He respected Aldred Archbishop of York , by whom he had been crowned King of England , as his Father . At a time upon the repulse of a certain suit , the Archbishop brake forth into discontentment , expostulated sharply against the King , and in a humorous heat offered to depart . But the King stayed him , fell down at his feet , desired pardon , and promised satisfaction in the best manner ▪ that he could . The Nobility which were present , put the Archbishop in minde , that he should cause the King to arise ; nay ( answered the Archbishop ) let him alone ; let him still abide at St. Peters feet . So with much ado he was appeased , and entreated to accept his suit . By reason of sickness he kept his chamber a long time ; whereat the French King scoffing , said , The King of England lyeth long in Childbed . Which when it was reported unto King William , he answered , When I am Churched , there shall be a thousand lights in France , ( alluding to the lights that Women used to bear , when they were Churched ) and that he performed within few dayes after , wasting the French Frontiers with fire and sword . Malmesb. de Wilielmo primo . l. 4. Some of the Earls conspiring against him ; he perceiving his estate to be now brought into no small danger , and loath to put all upon the hazard and fortune of a Battell , against men so well provided , and with desperation armed , as a man perplexed , entred into consultation with L●nfrancke , then Archbishop of Canterbury , what course were now best for him to take , for the appeasing of these so great and dangerous troubles . By whose advice he came to a parl with the English Nobility , where after much reasoning and debating of the matter , a peace was at length concluded and agreed upon ; so that the English men laying down their Arms , the Conquerour in the presence of the Archbishop Lanfrancke , and others , took a solemn Oath upon the holy Evangelists , and all the reliques of the Churches of St. Albans , from thence forth to observe and keep the good and ancient Laws of the Realm , which the noble Kings of England his Predecessors had before made and ordained ; but especially those of St. Edwar● , of all others supposed to be most equall and indifferent , for the gene●all good of the people . He courteously received , and honourably maintained Edgar Etheling in his Court , allowing him a pound weight of silver every day to spend ; a rare example of a victorious Conqueror , shewed upon a man so unconstant , ( who twice had broken his Oath of fidelity ) and dangerous to be so near unto his person , being as he was , a competitor of his Crown . During all his Raign , either the sword was not put up into the scabbard ; or if it were , the hand was alwayes upon the hilt , ready to draw it . So unwilling on the one part were the English men to bear the yoke ; and so haughty on the other part were the Norman Conquerors , that to be called an English man , was in their eyes a great concumely ; insomuch as it made some of the more light-conceited of the English , to seek to better their esteem , by imitating the Normans both in apparrell and language ; which among the graver sort bred the Proverb , that Jack would be a Gentleman , if he could speak French. He favoured learned men , and drew out of Italy , Lanfrancke , Anselme , Durand , Trahern , and divers others famous at that time , for learning and piety . 'T is better with William Hunter , than with William the Conqueror . 'T is better to have a name in the Book of Martyrs , than in the Book of Chronicles . Mr. Nortons life of Mr. Iohn Cotton . Perceiving his own defects in some points for want of learning , he did exhort his children oftentimes to learning with this saying , An unlearned Prince is a crowned Ass ; which speech took great impression in his son Henry . This is one speciall honour attributed unto him , that from him we begin the Computation of our Kings of England . From the Normans , bearing of Armes began amongst us . Ab eo posteriores series Regum inchoavere , perinde acsi de integro ille regnum ipsum institu●isset , Regesque qui se●uti sunt , usi similiter sunt , ut nunc utuntur , insignibus Regiis , quae dedisset . Polyd. Virg. Ang. hist. l. 9. Nostrates , priusquam in Angliam penetrasset Wilielmus primus , hunc armorum cultum à Normannis videntur accepisse . Spelmanni Aspilegia . p. 40. Vide etiam p. 44. He ended his life upon the ninth day of September , full both of honour and of age , when he had raigned twenty years , eight moneths , and sixteen dayes , in the threescore and fourth year of his age . His dead body was not only abandoned , but left almost naked upon the ground . Being conveyed from Roan ( where he died ) to Cane , one Fitz Arthur denied the King buriall in the Abbey-Church , ( as ground which was wrongfully taken by the King from his Father ) till he had a hundred pounds paid him for it . Mr. Ienkyn in his Exposition of the Epistle of Iude , vers . 4. p. 351. saith , Of our twenty five Monarchs since the Conquest , thirteen ( taking in three who are thought to be poysoned ) are said to have had violent and untimely deaths . CHAP. XII . K. William the second , sirnamed Rufus ; or the Red. KIng William the first took to wife Matilde , daughter to Baldwin , Earl of Flanders , a man for his wisdome and power , both reverenced and feared even of Kings ; but because she was his Cousin-germane , he was for his marriage excommunicate by his own Uncle Mauger , Archbishop of Roan . Hereupon he sued to Pope Victor , and obtained of him a dispensation ; and afterwards so wrought , that by a provinciall Counsell his Uncle Mauger ▪ was deprived of his dignity . This King had by his Wife four sons , Robert , Richard , William and Henry . Robert his eldest son , sirnamed Courtcuise * , by reason of the shortness of his thighs , succeeded him in the Duchy of Normandy . He was a man of exceeding honourable courage and spirit , for which cause he was so esteemed by the Christian Princes , in the great Warre against the Saracens , that when they had subdued the City and Territory of Hierusalem , they offered the Kingdome thereof first unto him . The King of England to whom the Schola Salernitana was dedicated , was this Robert , eldest son of the Duke of Normandy , which begins thus , Anglorum Regi scribit ▪ Schola tota Salerni ; and it seems to be written , when this Robert returned out of Palestina into Apulia ; and by reason of a Fistula from his poysoned wound , he had consulted with the School of Salerne concerning it , and preserving his health . Neither doth that hinder that this Book is written to the King of England ; ( but Robert never raigned here ) for the Kingdome of right belonged to him , which his younger Brother William Rufus possessed in his absence , and for recovering of that he warred with his Brother , but was overcome by him . Richard had raised the good expectation of many , as well by his comely countenance and behaviour , as by his lively and generous spirit . But he died young by misadventure , as he was hunting within the New-Forrest , before he had made experiment of his worth . He was buried at Winchester , with this inscription , Hic jacet Richardus , filius Wilielmi senioris , Berniae Dux . To Henry the King gave at the time of his death , five thousand pounds out of his treasure ; but gave him neither dignity nor Lands , foretelling that he should enjoy the honour of both his Brothers in time , and far excell them both in dominion and power . He succeeded his Brother William in the Kingdome of England , and wrested Normandy out of the possession of Robert. When William the first drew near his end , he commended the Kingdome of England to his second son William , with many blessings , admonitions , and prayers for his prosperous success . He dispatched him unto England , with Letters under his own Seal , to Lan●rancke then Archbishop of Canterbury , whose authority was great with the Clergy , and people of the Realm . It was conjectured by some , that the King was guided in this choice , no less by his judgment , then by his affection , because he esteemed the fierce disposition of his son William , more fit to govern a people not well setled in subjection , then the flexible and mild nature of his eldest son Robert. Cambden * saith he was berest of the Kingdome of England , because he was born before his Father was King. Milles gives two reasons , why the Conquerour preferred his younger son unto the Kingdome , before his eldest . Partly for his disloyalty and disobedience ; and partly doubting lest through the facility of his nature , he should give occasion unto the English men , to take heart unto them , and to rebell against him ; whereas William his younger Brother was a man of more rough and harsh nature , and therefore fitter ( as his Father thought ) to bear rule and command over a warlike and new conquered people . Sir Iohn Hayward in the life of William the second , discusseth that controversie , whether Kings may prefer younger sons , and quite disinherit elder sons of the Kingdome , and resolves it negatively . The Glossographer upon the Decrees noteth , that the son of a King may be called King during the life of his Father , as wanting nothing but administration . A little before his Fathers death William journeyed toward England , and quickly arrived at the Port called Whitesand , where he received the first report of his Fathers death . Hereupon with all speed he posted to Lanfrancke , delivered his Fathers Letters , and forthwith was declared King ; and not long after was crowned at Westminster . His hair was deeply yellow ; by reason whereof he was called Rufus , say Polyd. Virgil , and others . He doubted of some points of Religion then professed , namely , of praying to Saints , worshipping of reliques , and such like . He endeavoured to abate the tumorous greatness of the Clergy at that time , and attributed not so much to the See of Rome , as divers Kings before him had done . He restrained his Subjects from going to Rome , and withheld the annuall payment of Peter-pence , and was often heard to say , that they follow not the trace of St. Peter ; they greedily gape after gifts and rewards , they retain not his power , whose piety ▪ they do not imitate . Albeit he promised to the English , whilest his first fears and jealousies continued , that they should enjoy free liberty of hunting ; yet did he afterwards so severely restrain it , that the penalty for killing a Deer was death . During Lanfranckes life , he so lived , that he might have been a mirrour of Princes ; though afterwards he gave himself to sensuall lust and covetousness . Matthew Paris condemns him much . It is reported , that when his Chamberlain upon a certain morning , brought him a new pair of Hose , the King demanded what they cost ; and the Chamberlain answered , three shillings ; hereat the King grew impatient , and said , What heavy beast ? dost thou take these to be convenient Hose for a King ? Away beggar , and bring me other of a better price . Then the Chamberlain departed , and brought a far worse pair of Hose , ( for a better could not at that time be found ) and told the King that they cost a mark . The King not only allowed them for fine enough , but commended them also as exceeding fit . He walled the City of London , and built the great Hall at Westminster , which is two hundred seventy foot in length , and seventy four foot in breadth . He set forth a Proclamation , that none should go out of the Realm without his license , by which he drew much money from many . From thence the custome or Law of Ne exeas Regno , seems to have taken its beginning . His usuall Oath was by St. Lukes face . Malmesb. Coming to imbarque at Dartmouth , the Mariners told him the weather was rough , and there was no passing without imminent danger . Tush , said he , set forward , I never yet heard of King that was drowned . Answerable to that of Iulius Caesar , which enforced a poor Pilot in the like case to launch forth , and in the rage of the storm comforted him with saying , Caesarem & Caesaris fortunam ve●is . Charles the fifth , in the Battell of Tunis , when he was advised by the Marquess of Guasto to retire his person , when the great Ordnance began to play , said , Marquess , thou never heardst that an Emperour was slain with a great shot . Sir Walter Tyrell aiming at the Deer ( where the King was hunting , within the New-Forrest ) with an Arrow ; and looseing his Bow , either too carelesly at the Deer , or too steadily at the king , saith Polydore Virgil , struck him therewith full upon the brest . The King having so received the wound , gave forth a heavy groan , and presently fell down dead . So much of the Arrow as was without his body , was found broken , whether with his hand , or by his fall , it is not certainly known . He raigned in great variety of opinion with his Subjects , ( some applauding his vertues , others aggravating his vices ) twelve yeares , eleven moneths , wanting eight dayes , and was at his death forty and three years old . Sir Iohn Hayward in his life . p. 219. CHAP. XIII . King Henry the first , sirnamed Beauclerke . HE apprehending the opportunity of Duke Roberts absence , did forthwith seize upon the treasure of the King , and thereby also upon his State , and so was crowned at Westminster , by Maurice Bishop of London , because Anselme Archbishop of Canterbury was then in exile . For his learning he was called Beauclerke , fair Clerk , or fine Scholar , brought up in the study of the liberall Arts at Cambridge . He was sirnamed Leo justitiae in all Stories ; one of the most noble Princes that ever raigned in this Realm . Sir Thomas Eliots Governour . Cambden urgeth this against him , as if his ▪ justice was by the common people deemed cruelty . Cambd. Rem . He was excellent in wit , eloquent in speech , and fortunate in Battell , and for these three , he had three notable vices ; covetousness , cruelty and lechery . Stowes Chron. By his example , the young Nobility of the Realm , began to affect a praise for learning : insomuch as at a certain interview , between the King and Pope Innocent the second , the sons of Robert Earl of Mellent , maintained open disputations against divers Cardinals and Chaplains of the Pope . Sir Iohn Hayward . To purchase the favour of the Clergy , he called Anselme out of exile , and restored him both to the dignity and revenues of the See of Canterbury . He committed Radulph ( alias Ranulph ) Bishop of Durham to prison , who had been both author and agent to King William , in most of his distrustfull actions against the Clergy . To make the Clergy the more assured , the King renounced the right which his Ancestours used in giving Investitures , and acknowledged the same to appertain to the Pope . The Clergy did much favour him , by reason of his liberall leave , either to erect , or to enlarge , or else to enrich religious buildings . For to these works the King was so ready to give , not only way , but encouragement and help , that in no Princes time , they did more within this Realm either flourish or encrease . Sir Iohn Hayward numbers twenty five religious buildings , either done , or helped forward , or permitted and allowed by the King. This King being born in England , and the Queen of English bloud-royall , raised the depressed English Nation again unto honour and credit . He restored them to the use of fire and candle , after eight of the Clock at night , which his Father had most straitly forbidden . He being a wise Prince , and well knowing that an Empire gotten by force , could no longer remain , then that force continued , sent into Scotland , and took to Wife Maud , the daughter of Queen Margaret , sister to Edgar Etheling , ( who was now dead , and left no issue ) whereby this Maud was the heir of the Saxon line ; and in her brought back again to us the ancient English blood-royall , before it had descended beyond one generation from the Conquerour , in whose line it continueth unto this day . She was adorned with all royall vertues , principally with piety and humility . These Verses were made in her commendation . Prospera non laetam fecere , nec aspera tristem , Aspera risus ei , prospera terror erant . Non decor effecit fragilem , non sceptra superbam , Sola potens humilis , sola pudica decens . She being married against her will , seeing she must violate the vow of her virginity , she cursed her of-spring , if any came of her ; which was not altogether vain saith Polyd. Virgil , in regard they were all afterward drowned . He reduced Normandy to England . He built therein many Castles , and planted Garrisons , and with no less wisdome assured that State , then with valour he had won it . He brought with him his Brother Robert into England , and committed him to safe custody in the Castle of Cardiffe . He striving to escape , was taken again , committed to close prison , his eyes put out , and a sure guard set upon him . Thus he remained in desolate darkness , neither reverenced by any for his former greatness , nor pitied for his present distress . Thus he continued about twenty seven years , in a life far more grievous then death , even untill the year before the death of King Henry . So long was he a suitor in wooing of death . So long did the one Brother overlive his good fortune , the other his good nature and disposition ; esteeming it a fair favour , that the uttermost extremity was not inflicted . He gave his daughter Maud the Empress , in second marriage to the Earl of Anjou , and his Sister Elix ( as some Chronicles call her ) to Steven , Earl of Bloys . Thence sprang the loss of this Kingdome to Maud , during her life , by being so far out of the land in another Countrey , when she should have accepted it here . Therof sprang the perjuries of Steven King of England , enticed to a Kingdome through the commodity of his near place . And thence came the Civill miseries to the people , who through the incertainty of a Governour , were in field and Arms one against another . His daughter Maud , as well as that Lacedemonian Lady Lampedo , whom Pliny maketh mention of , was a Kings daughter * , a Kings wife , and a Kings mother . Daughter of this Henry the first , King of England ; wife of Henry the fourth , Emperour of Germany ; and mother to Henry the second , King of England . Concerning which matter , there is this Distick engraven on her Tomb. Magna ortu , majórque viro , sed maxima partu , Hîc jacet Henrici filia , sponsa , parens . The daughter , wife , the mother eke , of Henry lieth here ; Much blest by birth , by marriage more , but most by issue dear . He was a great administrer of justice , and the first that ordained that theeves should be hanged . He ordained that counterfeiters of money , should lose both their eyes , and be deprived of their privy parts , He took away the deceit which had been occasioned by variety of measures , and made measure by the length of his own arm , which hath been commonly used ever since , by the name of a yard . He is yet alive in his Laws . See his Laws in Lambard de priscis Anglorum legibus . His expences were chiefly in his Warres , and his many and great fortifications in Normandy . His buildings were the Abbey of Reading , the Castle of Warwicke , of Bristoll , the Mannour of Woodstocke , and the great inclosure of that Park , with a stone Wall seven miles about . There was a singular and most remarkable example of Gods justice upon his children . For when the King both by force , crast , and cruelty , had dispossest , over-reacht , and lastly made blind , and destroyed his elder Brother , Duke of Normandy , to make his own sons Lords of his Land ; God cast them all , male and female , Nephews and Neeces ( Maud excepted ) into the bottome of the Sea , with above a hundred and fifty others that attended them , whereof a great many were noble , and of the King dearly beloved . Evasit unus & ille agrestis , qui tota nocte malo supernatans , mane totius tragediae actum expressit . Malmesb. de Henrico primo . l. 5. Vide Polyd. Virg. Ang. hist. l. 11. p. 191. Nulla unquam navis fuit Angl●ae tantae miseriae , nulla toto orbi tam patulae famae . His usuall Oath was By our Lords death ; and so was Queen Elizabeths . He first instituted the form of the High-Court of Parliament , as now it is in use . The first Parliament was held at Salisbury , upon the nineteenth day of April , in the sixteenth year of his Raign . See Lamberts Archeion . p. 240 , 241 , 242 , 243. When Matilde his daughter was given in marriage , to Henry the fifth Emperour , he took three shillings of every Hide of land throughout the Realm : which being followed by succeeding Kings , did grow to a custome of receiving aid , whensoever they gave their daughters in marriage . About this time the marriage of Priests was forbidden in England ; but the King for money permitted them to retain their wives , and in the end set an imposition in that respect upon every Church throughout the Realm . It availed not any man to say , that he had no purpose to keep a wife ; he must pay for a faculty to keep a wife , if he would . Quymund his Chaplain ( observing that unworthy men for the most part were advanced to the best dignities of the Church ) as he celebrated divine service before him , and was to read these words out of St Iames 5. 17. ( It rained not upon the earth three years and six moneths ) he did read it thus , ( It rained not upon the earth one , one years , and five , one , moneths . ) The King observed this reading , and afterwards rebuked his Chaplain for it . But Quymund answered , that he did it of purpose , because such readers were soonest preferred by the King. The King smiled , and in short time after preferred him to the government of St. Frideswides in Oxford . He died in the sixty seventh year of his age , when he had raigned thirty five years , and four moneths , wanting one day . He was buried at Reading , which he had founded . In him ended the line of the Norman Kings , as concerning their heirs males , after whom came in the French men , by the title of the heirs generall . CHAP. XIV . King STEPHEN . VIr solertis ingenii , & militaris artis peritissimus . Polyd. Virg. He was of a comely stature ; of a good complexion ; and of body strong ; very skilfull in martiall affairs , gentle , courteous , and exceeding bountifull ; not noted for any speciall vice , but that upon an ambitious desire to raign , he brake his Oath which he had made with Maud the Empress . He was a most worthy Souldier , and wanted nothing to have made him an excellent King , but a just title . And therefore hee was driven ( perforce ) to defend his usurped Authority by the sword , which must needs procure him the hatred of many . He was crowned at Westminster upon Saint ▪ Stephens day , in presence of but three Bishops , few of the Nobility , and not one Abbot , by William Archbishop of Canterbury , with great solemnity . Having his sword continually out , and so many defections and rebellions against him , he never put any great man to death . Of Roger Bishop of Salisbury in this Kings Raign , it is reported , that he was so pressed with the miseries of a long imprisonment , Vt vivere nol●●erit , mori nesci●rit , That live he would not , die he could not . In his dayes flourished divers famous learned men , but especially Historiographers , viz. William of Malmesbury , Henry Huntington , Simon of Durham , Gessrey of Munmouth , and others . Though his Raign were rough and tempestuous , by reason of his perpetuall debates and contests with Maud the Empress , and her Son , concerning the title ; yet were there more religious Convents erected in his time , then either before or after . Although he had continuall Warres , yet he required few or no tributes from the people . He raigned almost nineteen years , lived forty nine , and was buried in the Abbey of Feversham in Kent , which he had founded . The Normans thus expiring , give way to the Dynasty of the Plantagenets . Before the division of the Houses of Yorke and Lancaster , there run on evenly in an unquestionable line , eight Kings in this manner . 1. Henry the second . 2. Richard the first . 3. Iohn . 4. Henry the third . 5. Edward the first . 6. Edward the second . 7. Edward the third . 8. Richard the second . Henry the second . The first King of this Island , sirnamed Plantagenet , from Plantagenista , so called ( as some say ) for wearing a slip or stalk of Broom in his Cap or Hat , toward his latter dayes , in penance and contrition for his past sins . He undertook to go to the holy Sepulchre , in the poor and despised habit of a Broom-man , and to signifie himself so , bore a Broom-stalk in his Cap. Others say it was because he scourged himself with the stalks of Broom , which grew upon the Plains , where once the holy City stood . Bucks Preface to his great Plantagenet . Henry Duke of Anjou by his Father Geffery Plantagenet , succeeded Stephen in the Kingdome of England by agreement , whom he preceded by right , as being son and heir of Maud , sole daughter and heir of King Henry the first , and was crowned at Westminster , by Theobald Archbishop of Canterbury , and was a greater Prince then any of his Ancestors . He was sirnamed Court-mantle , because he was the first that brought short Cloaks out of Anjou into England . He was wise and learned . He never ware Glove , except he bare a Hawk on his fist ; and never sate but at his meat ; and delighted in hawking , hunting , riding , and in all honest exercises . Our English Chronicles do blame him , for refusing to take the protection and defence of the distressed Christians in Ierusalem , offered unto him by Heraclins the Patriark ; the troubles that befell him at home , are ascribed to that cause . In his time there were eleven hundred and fifteen Castles in England . He caused them to be demolished . He first kept Lions , and made of the Arms of Normandy , viz. the two Leopards ; and of the single Lion Aquitain , one Coat so Arms for England , as it is yet worn . He associated his son Henry in the Government ; an act without example in this Kingdome . The young King shewed shortly after , That a Crown was no State to be made over in trust . At the Feast of his solemnity , the King to honour his son , would needs carry up the first dish to his Table . Roger Archbishop of Yorke standing by , and saying merrily ▪ to the new King , Gaude , optime filio non est enim alter in toto orbe Princeps , qui talem habeat in mensa administrum . What an honour is this to you , to have such a waiter at your Table ! Why ( saith he ) what great matter is it for him that was but the son of a Duke , to do service to me , that am the son of a King and Queen ? Which the old King hearing , began to repent him , now it was too late , of that he had done . He loved women too much , especially one Rosamond , the fair daughter of Walter Lord Clifford . This his Concubine was a very beautifull young Lady , of unparalleld wit. He usually termed her the Rose of the world ; his Rose . The true Etymology of her name is Rosemouth , and seemeth to have been given , in regard of her sweetness or colour of the lips ; or it may have been in recommendation of sweetness , and eloquence of speech . King Henry had made for her a Labyrinth at Woodstoc● , so that no man or woman might come to her , but he that was instructed by the King , or such as were right secret with him . It was commonly said , that at last Queen Elenor came to her by a Clew of Thread , or Silk , and so dealt with her , that she lived not long after . But when she was dead , she was buried at Godstow , in an house of Nunnes beside Oxford . In whose Epitaph , a Latin Poet not understanding the true Etymology of the name , makes Mund ▪ which here is mouth , to be Mundus , and so calls her the Rose of the world . Hic jacet in tumba , Rosa mundi , non Rosa munda ; Non redolet , sedolet , quae redolere solet . Being much incensed against Thomas Becket , Archbishop of Canterbury , he once cried out , Me miserum , non possum in meo regno pacem cum uno sacerdote habere ? nec quisquam meorum omnium est , qui me hac molestia liberare velit . Which words were so interpreted by some , that it occasioned his death . Stapleton a Jesuit put forth a Book , entituled Tres Thomae ; St. Thomas the Apostle , Thomas of Becket , and Sir Thomas More . He canonizeth the two last , and writes far more of them , then of the first . For the death of Thomas Becket Archbishop of Canterbury , he was scourged with rods by the Monks of Canterbury , and had eighty lashes . Geffery Archbishop of Yorke , and base son to King Henry the second , used proudly to protest by his faith , and the Royalty of the King his father . To whom one said , You may sometimes , Sir , as well remember what was the honesty of your mother . Petrus Blesensis was Archdeacon of Bath under him . There was a very strange presage of his death , by a Meer or Pool in Normandy ; for all the Fishes therein leapt forth on land in the night time , and fought together with such a dreadfull noise , that men came in great numbers to behold the wonder , and not one Fish could be found alive in the Pool . Other strange accidents are also reported . When he died , there were found in his Coffers , nine hundred thousand pounds , besides Plate and Jewels . His youngest son was called Iohn Lackland , because he had no land assigned him in his fathers time . Titles he lacked none ; for his father had made him Earl of Cornwall , Dorset , Sommerset , Nottingham , Derby , and Lancaster . He raigned thirty four yeares , seven moneths , and five dayes . CHAP. XV. RICHARD the first . HE was for his valour sirnamed Coeur de Lion , or the Lions heart . Hugh Nevill a Gentleman of noble linage , one of King Richards speciall familiars , is recorded to have slain a Lion in the holy land , driving first an Arrow into his brest , and then running him through with his Sword. Whereupon this Hexameter was made . Viribus Hugonis vires periere Leonis . The strength of Hugh a Lion slew . Which atchievment belike was transferred from the man to the Master , and the Story applied to the King , by name of King Richard , Coeur de Lion. But this is only Weevers opinion . He was crowned at Westminster , by Baldwin Archbishop of Canterbury . He being at dinner in his Hall of Westminster , hearing the French King besieged Vernoy●e , he swore that he would never turn his face , till he had fought with him , if he did abide , and caused the wall to be broken before him , and so passed to Normandy ; and receiving his brother Iohn to mercy , raised the siege ; for the French King fled as soon as he heard of Kings Richards coming . A Prince of a most haughty mind , and full of resolution , born for the Weal of Christendome , the honour of England , and the terrour of Infidels . With the beams of his victories atchieved in Cypres and Syria , he made our Countrey of England most famous , and renowned through the world . He had trained up in his Court a Rymer or Minstrell , called Blondell de Neste , who being so long without the sight of his Lord , his life seemed wearisome to him . It was known that he came back from the holy land , but none could tell in what Countrey he arrived . Whereupon this Blondell resolving to make search for him in many Countries , but he would hear some news of him ; after expence of divers dayes in travell , he came to a Town ( by good hap ) near to the Castle where his Master King Richard was kept . Of his Host he demanded to whom the Castle appertained , and the Host told him it belonged to the Duke of Austria . Then he enquired whether any prisoner was there detained or no , for alwayes he made such secret questionings , wheresoever he came ; and the Host answered , that there was one only prisoner , but he knew not what he was , and yet he had been detained there more then the space of a year . When Blondell heard this , he used such meanes , that he became acquainted with them of the Castle , as Minstrels do easily win acquaintance any where ; but see the King he could not , neither understand that it was he . One day he sate directly before a window of the Castle , where King Richard was kept prisoner , and began to sing a song in French , which King Richard and Blondell had sometime composed together . When King Richard heard the song , he knew it was Blondell that sung it ; and when Blondell paused at half of the song , the King entreated him to sing the rest . Thus Blondell won knowledge of the King his Master , and returning home into England , made the Barons of the Countrey acquainted where the King was . Whereas before his time , the City of London was governed by Portgraves , he granted them to be governed by two Sheriffs and a Maior , as now it is . Iohn the Kings brother making an incursion up to Beauvois , where the Bishop being also an Earl of the royall bloud , and the eleventh Peer of France , valiantly fighting , was taken in the skirmish , armed at all points , and bravely mounted ; on whose behalf the Pope ( upon the Bishops humble suit , pleading the Clergies immunity ) wrote somewhat earnestly to King Richard , to set his very dear son , for so he called the Bishop , at liberty . The King in a kind of pleasant earnestness , caused the Habergeon and Curaces of the Bishop , to be presented to the Pope , with this question , Vide an tunica filii tui sit an non . Whereupon the Pope replied , That he was neither his son , nor the son of the Church ; and therefore should be ransomed at the Kings will , because he was rather judged to be a servitor of Mars , then a souldier of Christ. In his time were those famous Out-laws , called Robin-hood and Little Iohn . He was wounded in the arm , by an Arrow shot at him out of a Cross-bow , by Peter Bisile , of which wound he died within four dayes after . CHAP. XVI . King Iohn . WHose Raign had it not fallen in the time of so turbulent a Pope , so ambitious neighbour-Princes , so disloyall Subjects , nor his Story into the hands of exasperated Writers , he had appeared a King of as great renown , as misfortunes . His overhasty undertakings brought in those broyls of the Barons Wars . Before this Kings time we seek in vain for any great Councel . He first as may be gathered ( though darkly by the Record ) used their Councels and Assents in the sixth year of his Raign . He had by his Wife ▪ Isabel a son Henry , who succeeded him in the Kingdome . In his voyage towards Ireland , as he was in his journey in the borders of Wales , there was one taken and brought before him , who had killed a Priest. The Officer desired to understand the Kings pleasure , what he would have done to him . Let him go ( saith the King ) for he hath slain mine enemy . Seeing one cut up a very fat Stag in his presence , ( said he ) How easily and happily hath this creature lived , yet he never heard Mass. Mr. * Fox seems to approve of this speech , as deriding the Mass ; though others say it was an Atheisticall speech . In his Raign the Citizens of London first obtained of the King , to choose yearly a Maior . In whose time also the Bridge of London was first builded of stone , which before was of wood . Most Writers testifie , that he was poysoned by a Monk of Swinsted-Abbey in Lincolnshire , who to poyson him , wittingly and willingly poysoned himself . * He died in the year of his age fifty and one , and after he had raigned seventeen years , six moneths , and twenty seven dayes . He lieth buried at Worcester-Colledge , in the Quire there . King HENRY the third . He was happy in his Uncle , the Earl of Pembroke , the guide of his infancy ; and no less for thirty years , whilest De Burgo the last servant of his Fathers against the French , both in Normandy and England , with Bigot Earl of Norfolke , and others of like gravity and experience did manage the affairs . The Author of the troublesome life and Raign of King Henry the third . He was of a middle stature . Robustus viribus , sed praeceps in factis . Matthew Paris . He was crowned at Glocester , by Peter Bishop of Winchester , and Iosceline Bishop of Bath , in the presence of Walo the Popes Legate , Octob. 28. 1216. And after peace concluded with the Barons , by Stephen Langton Archbishop of Canterbury , at Westminster , on Whitsunday an . 1219. In his Raign the Popes authority in England was at the highest . He heard three Masses a day . In a solemn conference between him and St. Lewis , King of France , the only devout Kings of that age ▪ when the French King said he had rather hear Sermons then Masses ; our King replied , that he had rather see his loving friend , ( meaning Christs reall presence in the Sacraments ) then to hear never so much good of him , by others in Sermons . He had a son by Elenor his wife , whom he named Edward , for the memory of Edward the Confessor , who raigned a little before that the Normans vanquished England . At whose birth appeared a Star of great magnitude , for some dayes before the Sun rising , which moved swiftly , one while making a shew of fire , another while leaving smoak behind it ; by which prodigy ( saith Polydore Virgil ) the future amplitude of Edward the father , and the smalness and vanity of his son which he begat afterwards , was declared as it were by an Oracle . He had another son Edmund Crouchbacke , so called , not because he was crooked or deformed , but because he wore the Cross upon his back , or on his Buckler , which he wore constantly at his back , to shew that he had vowed to go to Ierusalem , to recover the holy Sepulchre . In the year 41 of his Raign , the King held a Parliament at Oxford , which was called Insanum Parliamentum , that is to say , the mad Parliament . For in this Parliament were made many Acts against the Kings prerogative and pleasure , for the reformation of the state of the Land , which after turned to the confusion and hurt of the Land , and the death and destruction of many noble men ; so that by occasion thereof , began that hatefull strife , called at this day the Barons War , whereof ensued much trouble and mischief . He was pressed by his Nobles , Bishops ▪ and others , to pass the great Charter , in the ninth year of his Raign . His son Edward the first in the twenty fifth of his Raign , confirmed the great Charter . The great Charter of England passed from this King , for which the English men had no less striven , than the Trojans for their Helena . Lambard saith , he may call that great Charter of the Liberties of England , the first Letters of manumission of the people of this Realm , out of the Norman servitude . Matthew Paris the learned Monk of Saint : Albans lived in his time , and was highly esteemed by him . Et cum esset cum ipso continue in mensa , in palatio , & in thalamo , qui haec scripsit , direxit scribentis calamum satis diligenter & amicahiliter . In another place he speaks of his bold reproving the King. Verstegan sayes the Sidneys are of a French extraction ; that they came over into England in Henry the thirds dayes . Arms as honourary dignities and generous distinctions between family and family , and person and person , have been undoubtedly born from his time ; since which there is sufficient proof of them ; and though long before that many Families might be rich , potent and noble , yet some of them either had no Arms , as many yet in Ireland have not , or else kept no constant Coat , but gave sometimes their paternall , otherwhiles their maternall or aadopted Coats . Mr. Waterhouse his discourse of Arms and Armory . He raigned fifty six yeares and twenty dayes , the longest number of years that ever any King of England raigned . CHAP. XVII . King EDWARD the first . HE was absent in the holy Land when his father died . At his first coming to the holy Land , he rescued the great City of Acon , from being surrendred to the Sultan , after which , out of envy to his valour , one Anzazim a desperate Saracen , who had often been employed to him from their Generall , being one time , upon pretence of some secret message , admitted alone into his chamber , with a poysoned knife gave him three wounds in the body , two in the arm , and one in the armpit , which had been mortall , if out of unspeakable love , the Lady Elenor his wife had not suckt out the poison of his wounds with her mouth , and licked them with her tongue , and thereby effected a cure , which otherwise had been incurable . So soveraign a medicine ( saith Speed ) is a womans tongue annointed with the vertue of loving affection . Leaving Garrisons in fit places for defence of the Countrey , he with his wife Elenor takes his journey homewards , and first passing by Sicilie , was there most kindly received by Charles King of that Island , where he first heard of his fathers death ; which he took more heavily far , then he had taken the death of his young son Henry , whereof he had heard a little before ; at which when King Charles marvelled , he answered that other sons might be had , but another father could never be had . He was protected by the divine hand from his Childhood being young , and playing one time at Chess with a friend , in the midst of his game , without any apparent occasion , he removed himself from the place where he sate , when suddenly there fell from the roof of the house a great stone , which if he had stayed in the place but never so little , had beaten out his brains . The like is recorded of Luther , that as he was sitting in a certain place upon his stool , a great stone there was in the Vault over his head where he sate ; which being stayed miraculously so long as he was sitting , as soon as he was up , immediately fell upon the place where he sate , able to have crushed him in pieces . Fox Martyrolog . Having prepared a great Fleet of Ships for a journey into Flanders , and being at Winchelsey where the Ships were to meet , it happened that riding about the Harbour , his Horse frighted with the noise of a Wind-mill , which the wind drove violently about , scrambled up and leapt over the mud-wall of the Town , so as neither the King nor Horse was to be seen , but every one judged the King could not choose but be thrown and killed ; yet such was the divine providence over him , that the Horse lighted upon his feet , and the King keeping the Saddle returned safe . He was crowned at Westminster , together with his wife Queen Elenor , by Robert Kilwarthy , Archbishop of Canterbury . He ingeniously surprized the Welch into subjection , proffering them such a Prince as should be 1. The son of a King. 2. Born in their own Countrey . 3. Whom none could taxe for any fault . The Welch accepted the conditions , and the King tendered them his son Edward , an Infant , newly born in the Castle of Carnarva● . Wales was united to the Crown of England in the eleventh year of his Raign ; who thereupon established the Government thereof according to the Lawes of England . A wise , a just , and fortunate Prince , who in regard of his Princely vertues deserveth to be ranged among the principall and best Kings that ever were . A right noble and worthy Prince , to whom God proportioned a most princely presence and personage , a right worthy seat to entertain so heroicall a mind . For he not only in regard of fortitude and wisdome , but also for a beautifull and personall presence was in all points answerable to the height of royall Majesty , whom fortune also in the very prime and flower of his age , inured to many a Warre , and exercised in most dangerous troubles of the State , whilest she framed and fitted him for the Empire of Brittain : which he being once crowned King , managed and governed in such wise , that having subdued the Welch and vanquished the Scots , he may justly be counted the second ornament of Great Brittain . No Realm but did resound first Edwards praise , No praise was ever won with more deserts . And no deserts ( though great ) could counterpoise Much less out-balance his heroick parts . Mars taught him Arms , the Muses taught him Arts , Whereby so great he grew , that might there be A love on earth , that earthly love was he . Sir Francis Huberts History of Edward the second . In the long Warres he had with Robert King of Scotland , having by triall found how greatly his presence advantaged the success of his affairs , and how he was ever victorious in any enterprise he undertook in his own person , when he died , he bound his son by solemn oath , that being dead he should cause his body to be boiled , untill the flesh fell from the bones , which he should cause to be interred , and carefully keeping the bones , ever carry them about him , whensoever he should happen to have Warres with the Scots , as if destiny had fatally annexed the victory unto his limmes . Mountaigne his Essayes . l. 1. c. 3. Baliol King of Scotland came to Newcastle upon Tine , where King Edward then lay ; and there with many of his Nobles , swears fealty , and doth homage to him , as his Soveraign Lord. Afterward there grew a great dissention between him and the King , and the two Nations , which consumed much Christian bloud , and continued almost three hundred years . King Edward entered Scotland with a great Army , King Baliol was taken prisoner . The marble Chair in which the Kings of Scotland used to be crowned , was also brought thence to Westminster , and placed there amongst the Monuments , where it still continues . Ni fallat fatum , Scoti quocunque locatum Invenient lapidem , regnare tenentur ibidem . Except old sawes do fain , And Wizards wits be blind , The Scots in place shall raign , Where they this stone shall find . Of his Warres with the Scotch , and his victories over them , see Aysc● his History of the Warres , Treaties , Marriages , and other occurrents between England and Scotland , from King William the Conquerour , untill the union of them both in King Iames. In his twelfth year the Justices Itinerants began . In his time Iohn Baliol King of Scots , builded Baliol-Colledge in Oxford . Walter Merton Lord Chancellour of England , and after Bishop of Rochester , founded Merton-Colledge in Oxford . One made this Epitaph of him . Dum viguit , Rex , & valuit tua magna potestas Frau● latuit , pax magna fuit , regnavit honestas . He raigned thirty four yeares , seven moneths , one and twenty dayes , and lived sixty eight years , and twenty dayes . EDWARD the second . He degenerated wholly from his fathers vertues , and esteemed not the good advertisements and precepts which he gave him before his death . He granted the Charter to London , to elect yearly one of the City at their own pleasure to be their Maior . He was the first of the King of Englands children which bore the title and quality of the Prince of Wales . Since whose time , the eldest sons of the Kings of England were called Princes of Wales , as the eldest sons of the Kings of Fran●e are called Dolphins , and of Spain , Infants . He was called Edward of Carnarvan ; for the Welch men after Leolines death , were earnest with the King for a Prince of their own Countrymen ; the King told them they should have a Prince there born that could speak no English , which they being contented with , he named his Infant son ; ( who was born there ) the Queen being brought to Carnarvan . He divided Wales incorporated into England , into Shires and Hundreds . His great affection to Pierce Gaveston , and Spenser his Favourites , was a means of stirring up the Barons against him . It is thy sad disaster which I sing Carnarvan ▪ Edward ; second of that name , Thy Minions pride , thy States ill managing , Thy Peers revolt , the sequell of the same ; Thy life , thy death I sing , thy sin , thy shame ; And how thou wert deprived of thy Crown , In highest fortunes , cast by fortune down . Sir Francis Huberts History of Edward the second . Nine Kings had raigned since the conquest here , Whom I succeeded in a rightfull line , My father ( all domestick tumults clear ) Did warre , and win in fruitfull Palestine . This Northern Sun even to the East did shine . The French were fearfull hearing but his name , French , Scots , and Turks aeternized his fame . He married Isabel , daughter to King Philip , sirnamed le Bean the fair , and heir to France , all her brothers being dead without issue . Gourney most barbarously caused the miserable King to sit on a Mole-hill , whilest the Barber shaved him , and to take cold water out of a ditch to wash him withall , which the patient King seeing , told them , That in despight of them he would have warm water at his Barbing , and there withall shed abundance of tears . Being deposed from his Kingdome through the crafty complotting and practising of his wife , he was made away in B●rkley-Castle in Glocestershire , by the wicked subtilty of the Bishop of Hereford , who wrote unto his Keepers these few words without points between them , Edwardum occidere nolite timere bonum est ; that by reason of the divers sense and construction , both they might commit the murder , and he also cleanly excuse himself . Cambdens Britannia in Glocestershire . Vide Gatakeri Adversaria . miscel , c. 16. Never was the fallacy of pointings , or ambiguity of phrase more mischievously used to the destruction of a King , or the defence of the contrivers , then in this hainous parricide . To shed King Edwards bloud Refuse to fear I count it good . Where the Comma or pause being put after nolite , bid them not to make him away , but after timere insinuates a plain encouragement to the fact . The Sphinx who is said to be the Author of this ambiguous riddle , sent by the Lord Mortimer , was Adam de Tarleton , who utterly denied any such intention , when the murderers for their own justification , produced the writing it self under Queen Isabels Seal , and the Seals of the other conspirators . To which effect came Letters from the Court written by Tarleton , at the Queens command , In such a cloudy , and ambiguous sort , That divers wayes , one might them understand By pointing them ; that if they should be scann'd , He and his Letters might be free from blame , And they Delinquents , that abus'd the same . The words were these : ( Kill Edward do not feare 'T is good ) which being comma'd diversly As pleas'd the Reader , double sense may bear . O Art ! Thou art the earths chief treasury But being imploy'd to practise villany , What monstrous births from thy fair womb do spring , So Grammar here is made to kill a King. Sir Francis Huberts History of Edward the second . There was such a terrible famine in his reign , that horse , dogs , yea men and children were stolen for food , and ( which is horrible to think ) the theeves newly brought into the Gaol , were torn in pieces , and eaten presently half alive by such as had been longer there . There was in the Castle of Nottingham , ( and at this day is ) a certain secret way or mine cut through a rock , upon which the said Castle is built , an issue whereof openeth toward the River of Trent , which runs under it , and the other venteth it self far within upon the surface , and is ( at this present ) called Mortimers hole ; through this the young King Edward the third well armed and strongly seconded , was conducted with drawn swords , by some of his trusty and sworn servants up to the Queens chamber , whose door ( so fearless is blinde affection ) was unshut , and with her was Mortimer ( the Kings master as the rumour spread him ) ready to go to bed , whom with the slaughter of a Knight and one or two that resisted , they laid hold upon . This was not reputed a slender enterprise , in regard that in Mortimers retinue were not fewer ( they say ) then one hundred and fourscore Knights , besides Esquires and Gentlemen . He was after hanged at Tyburn . K. Edward the second favoured learning , as by the erection of Orial-Colledge in Oxford , and St. Maries Hall , which were of his foundation , it may well be gathered . He was stifled in his bed , and a red hot iron thrust up into his Fundament . He lived forty three years , and raigned nineteen . EDWARD the third . He was upon his fathers resignation proclaimed King of England . He was not fifteen years old when he began to raign . He was of an exceeding comely personage , of a pregnant wit , courteous , gentle , of great temperance . If we respect either valour , prowess , length of Raign , acts of Chivalry , or the multitude of famous Princes his children left behind him , he was one of the noblest Kings that ever England had . Dolemans Conference touching Succession to the Crown . part . 1. c. 3. Cambden in his Britannia in Northumberland calls him our Hector . He was the greatest scourge to the Nation of Scotland of any King of England either before or after him . Ayscu . He saith there also , that if this King had a while longer pursued the conquest of Scotland , he had easily brought the same under his soveraignty ; and that he esteemed ( in regard of the difficulty of holding long his possessions within the French dominions ) the Realm of Scotland a more convenient and fit member of the Crown of England , then the one half of France , how farre soever exceeding the other in wealth and magnificence . He brought Cloathing first into this Island , transporting some families of Artificers from Gaunt hither . Upon the grievances of his people pestered with the doublings of Lawyers , he commanded that Pleas should from thenceforth be made in English , not in French. He placed Richard his Grandchild , and next heir apparent , in his solemn feast at Christmas , at his Table next unto himself , above all his Uncles , being the sons of that King , and men much renowned for their prowess and vertue . Judge D●dridges Epist. Dedicat. to the Principality of Wales . The Law of Magna Charta was about a dozen severall times confirmed by this King , during the years of his Raign . In the fiftieth year of Edward the third , all the Lords appeared in Parliament in person , and not one by Proxy . At which Parliament , as appears in the Parliament-Roll , so many excellent things were done , as it was called bonum Parliamentum , the good Parliament . He disposed of Ecclesiasticall dignities , received homage and fealty from his Prelates , who writ that so much admired Letter to the Pope , for the Liberties of the English Church , Cui pro tunc Papa aut Cardinales rationabiliter respondere nescicbant . Walsing . an . 1343. The house of Valois triumphantly raigned in France ever since the Raign of Edward the third , at which time it was then but an Earldome , and descended from a second brother , was of meer purpose by the French advanced to the throne , under pretences of the ●alique Law , made by Pharamond , only to suppress the immediate right and title of King Edward the third , who was descended of the French Kings eldest daughter and heir ; whereby he justly claimed the Crown of France , though that very Law made King Edwards title the stronger ( as himself truly pleaded ) he being the male , albeit his right descended by the female . Rex sum regnorum bina rati●ne duorum , Anglorum regno sum Rex ego jure paterno , Matris jure quidem Francorum nuncupor idem , Hinc est armorum variatio facta meorum . The date of this title of France was in the year 1337 , the which Enlgand holds to this day , and our Kings the Realm in effect , saith Iohn de Serres . At the great battell of Cressy in France , the Commanders about the Prince sent to King Edward to come up with his power to aid them , the King asked the messenger , whether his son were slain or hurt , the messenger answered no , but he was like to be overlaid : Well then said the King , return , and tell them who sent you , That so long at my son is alive , they send no more to me whatever happen , for I will that the honour of the day be his . And so at last the English obtained the greatest victory they ever yet had against the French. There were there found the dead bodies of eleven great Princes , and of Barons , Knights and men of Arms , above one thousand and five hundred , of the Commons above thirty thousand . Not one man of honour or note slain upon the English side . King Edward after the Battell aftectionately embracing and kissing his victorious son , said ; Fair son , God send you good perseverance to so prosperous beg innings , you have nobly acquit your self , and are well worthy to have the governance of a Kingdome entrusted to you for your valour . Sir Eustace Rihamant in the encounter at Calis-Gate , ( between Sir Walter Manny and the Lord Charney ) met with King Edward , ( who disguising himself in common armour , served under the banner of Sir Walter Manny ) and fought so stoutly with him , that he stroke the King twice down on his knees , but in the end the King took him prisoner , and then he yeelded his Sword to the King , but knowing what he was , said thus , Sir Knight , I yeeld me as your prisoner : upon which cause , the King came after supper to him , and with a merry countenance , said thus to the Knight : ( Sir Eustace ) you are the Knight in the world that I have seen most valiant , either in assault of enemies , or defence of himself . I never ●ound Knight that gave so much ado , body to body , as ye have done this day , whe●efore I give you the prize above all the Knights of my Court , by right sentence , and herewithall the King being bare-headed ( having a Chaplet of fine pearls that he ware on his head ) took the same Chaplet from off his head , being fair , goodly and rich , and said to the Knight : I give you this Chaplet for the best doer in Arms in this journey past , of either party , and I desire you to bear it this year for the love of me . I know well , you be fresh and amorous , and oftentimes are among doubty Knights and fair Ladies , yet say wheresoever ye come , that the King of England did give it you : and I quite your prison and ransome , depart to morrow if it please you : whereupon the Knight did not only wear the same Chaplet , in remembrance of so gracious a benevolence of so worthy a Prince , but also did bear after in his Arms three Chaplets garnished of pearls . Fern his Glory of Generosity . p. 210 , 211. Mr. Wren in his Monarchy asserted p. 125. saith , The successes of the English in France alwayes followed the person of the Prince : with us Edward the third , and Henry the fifth wise and valiant Princes gaining , Richard the second and Henry the sixth weak Princes losing ; with them Iohn and Charles the sixth men of no ability losing , Charles the fifth and Charles the seventh brave Princes recovering . Edward the black Prince of Wales ( who so long governed our Countrey of Guienne , a man whose conditions and fortune were accompanied with many notable parts of worth and magnanimity ) having been grievously offended by the Limosins , though he by main force took and entered their City , could by no means be appeased , nor by the wailfull out-cries of all sorts of people , ( as of men , women , and children ) be moved to any pitty , they prostrating themselves to the common slaughter , crying for mercy , and humbly submitting themselves at his feet , untill such time as in triumphant manner passing through their City , he perceived three French Gentlemen , who alone with an incredible and undaunted boldness gainstood the enraged violence , and made head against the fury of his victorious ▪ Army . The consideration and respect of so notable a vertue , did first abate the dint of his wrath , and from these three began he to relent , and shew mercy to all the other inhabitants of the Town . Michael Lord of Montaigne his Essayes . l. 1. c. 1. Having had great victories against the French , and other neighbouring Nations , he instituted the Order of the Garter , and consecrated it to St. George . He appointed a Garter to be the Ensign of this Order , wrought richly with gold and precious stones which should circle the leg beneath the knee , and on it to have these words apparently discerned , Honi Soit Qui Mal Y ●ense . Shame to him which evil thinks . The number of these Knights , are twenty six , whereof the King himself is the chief . These Knights wear the Ensign of Saint George ( fighting with a Dragon ) fastened to a rich Chain or Collar which weighed and was worth eighty pounds of English money . See Montaigne his Essayes . l. 2. c. 7. of the words of honour . About this time the famous Dr. Iohn Wicklef , a man of sharp wit , profound learning , and of great judgement , did in the University of Oxford publickly maintain sundry Propositions and dogmaticall points against the Church of Rome . His followers were in the phrase of those dark dayes , called Lollards , whereas in truth they endeavoured to extirpate all pernicious weeds which through time , sloath , and fraud , had crept into the field of Gods Church . Such was this Kings courtesie & friendly behaviour toward the two captive Kings of France and Scotland , while they remained together in England , as that hereby he won their love and favour for ever after , as appeared by their repair hither to visit the King and Queen , and to recreate and solace themselves in their company . Thus it came to pass , that their captivity here , turned more to their own advantage , and the peaceable enjoying of their estates after the same , then if it had never hapned unto them . Mr. Thomas May wrote his victorious Raign in Verse in seven Books . He raigned almost one and fifty yeares , and lived about sixty five , who of all the Kings of the Realm ( saith Mr. F●x ) unto Henry the eight , was the greatest bridler of the Popes usurped power , whereby Iohn Wicklef was maintained with aid sufficient . CHAP. XVIII . RICHARD the second . HE descended from four Edwards , of which the first three were succeeding Kings ; the fourth Prince of Wales sirnamed the black Prince , who dying before his father Edward the third , did not attain the Crown . The Civil Warres of England by Sir ▪ Francis B●ondi an Italian . He was crowned in the eleventh year of his age , and sufficiently shewed the miserable condition of such States as are governed by an Infant King. He was the goodliest personage of all the Kings that had been since the conquest . The beautifull picture of a King sighing , crowned in a Chair of Estate , at the upper end of the Quire in St. Peters at Westminster , is said to be of him , which witnesseth how goodly a creature he was il● outward lineaments . Speed. He had nothing worthy his great fortunes but his great birth . When he had with full hand bestowed upon Sim●●● Montford Earl of Leicester , all the benefits he could , yea and given his own sister i● marriage , he raised a most dangerous War , and spoiled shamefully a great part of England , under pretence of restoring the Commonwealth and maintaining liberty : neither left he any thing undone , to bring , the King under , to change the State & of a M●●●rchy to bring in an Oligarchy . But in the 〈◊〉 , after that fortune had for a good while favourably smiled upon him , he was slain at Evesh●m in Worcestershire , with many other of the Barons his Complices , by the prowess of Prince Edward . 〈…〉 〈…〉 Although the Kingdome endured great Crosses in the affairs of State under this King , yet some have thought , that it found as great a blessing in matters of Religion , which in those dayes took so deep root in this our Land by the preaching of Iohn Wickliffe , that the branches thereof did spread themselves even over the Seas . Speeds Chronicle . He was the onely Son of that famous Cheiftain , the black Prince of Wales : ( a renowned son of a renowned father ) but ( as a plant transplanted into a savage soyl ) in degree and disposition wholly degenerate , retained a tincture of the light inconstancy of his Mother , and the luxuriousness of his great Grandfather , Edward the second , and running his course , came to his end . He had in his Court a thousand persons in ordinary allowance of diet , three hundred servitors in his Kitchin , above three hundred Ladies Chamberers , and Landerers . His Apparel was sumptuous , and so was it generally in his time : he had one Coat of gold and stone valued at thirty thousand Marks . One interview with the French King at Ards , when his Wife Isabel was delivered unto him , cost three hundred thousand Mark● . Queen Anne his Wife , Daughter to the Emperour Charles the fourth , first taught English women the manner of sitting on horseback , which now is used : whereas before-time , they rode very unseemly astride , like as men do . The Civil Wars in England , had their beginning from his bad Government , Henry the fourth did first commence them , and Henry the fifth suspended them , but they again brake forth under Henry the sixth . Wat Tyler the Master of the Kentish Rebels , was slain with a Dagger by William Walworth Mayor of London , close by the Kings side , in the Kings defence , who was therefore Knighted , and the City since giveth for Arms the Dagger . He was first deposed , then slain . Men are easily emboldened ( saith Guicciardine c. 3. of his History of Italy ) against a Prince that is fallen into contempt . The most current report at that time went , that he was Princely served every day at the Table with abundance of costly meats , according to the order prescribed by Parliament , but was not suffered to taste or touch any one of them , and so perished of famine . Mr. Fox saith he was at Pamfret Castle famished to death . Sir Pierce of Extone at last killed him , though he with an Axe wrested out of one of their hands , first killed four of those which came with him to murther him . At the point of his death he groaned forth these words . My great Grandfather King Edward the second was in this manner deposed , imprisoned and murthered : by which means my Grandfather King Edward the third obtained possession of the Crown ; and now is the punishment of that injury powred upon his next successor . Well this is right for me to suffer , but not for you to do ; your King for a time may joy at my death , and enjoy his desire ; but let him qualifie his pleasures with the expectation of the like justice : for God who measureth all our actions by the malice of our minds , will not suffer this violence unrevenged . He lived three and thirty years , raigned two and twenty and three moneths . Thus far the Plantagenets , have continued in an unquestionable right line ; now follows the division of the houses of Lancaster & York , three of each succeeding in their order . Of Lancaster , Henry the fourth sirnamed Bulling brook . Henry the fifth of Monmouth . Henry the sixth of Windsor . Of Yorke three others succeeded upon a better title . 1. Edward the fourth . 2. Edward the fifth . 3. Richard the third . HENRY the fourth . He was son to Iohn of Gaunt Duke of Lancaster , from the loyn● of whom the greatest number of the Kings of England , Spain & Portugall , since his time , as also several other persons of eminent dignity are descended . Mr. Dugdal●s History of St. Pauls Cathedrall . He was annointed with an oyl which a certain religious man gave unto Henry the first Duke of Lancaster ( Grandfather to the King by the mothers side ) when he served in the Wars of King Edward the third , beyond the seas ; together with this Prophesie , that the Kings which should be annointed therewith , should be the Champions of the Church . There was a great contest then between the white and red Rose , the houses of Yorke and Lancaster . The red Rose prevailed now , he being the first renowned King of the house of Lancaster . He first studied a popular party as needing all to support his titles . There was in his Raign a Parliament held at Coventry , called Parliamentum indoctorum , the lack-learning Parliament , either for the unlearnedness of the persons , or for their malice to learned men During the time of this Kings Raign execution by fire was first put in practice within this Realm , for controversies in points of Religion . He shed the bloud of Gods Saints , and raigned neither long nor h●p●ily . Mr. Fox●aith ●aith his time was full of trouble , bloud and misery . He was the first of the Kings of England ( saith he ) that put out his hand to the shedding of the bloud of the Saints , since the conquest . Humphrey his son was by his brother King Henry the fifth created Duke of Glocester , he was Protector of the Kingdome of England for twenty five years in the time of King Henry the sixth . He was a man , who nobly deserved of the Commonwealth and of learning , as being himself very learned , and a magnificent Patron and benefactor of the University of Oxford , where he had been educated , and was generally called the good Duke . Speed. This Duke Humphrey purchased a wonderfull number of Books , in all Sciences , whereof he freely gave to a Library in Oxford , a hundred and twenty nine fair Volumes . Bales Conclusion to Leylands New years gift to King Henry the eight . One saith , all the Henries of the house of Lancaster ( even to Henry the seventh ) were most eminent for great vertues . Henry the fourth for his behaviour and courtesie . Henry the fifth for his valour and magnanimity . Henry the sixth for his justice and piety . The renowned Prince King Henry the fifth during the life of his father , was noted to be fierce and of wanton courage . One of his servants whom he favoured , was for felony by him committed , arraigned at the Kings Bench , whereof the Prince being advertised , and incensed by light persons about him , in furious rage came hastily to the Barre where his servant stood as prisoner , and commanded him to be ungived and set at liberty . William Gascoigne the chief Justice of the Kings Bench , exhorted the Prince to be ordered according to the ancient Laws of the Realm , or if he would have him saved from the rigour of the Laws , that he should obtain if he might of the King his father his gracious pardon , whereby no Law or justice should be impeached . With which answer the Prince being more inflamed , endeavoured himself to take away his servant . The Judge considering the perillous example and inconvenience that might thereby ensue , with a valiant courage and spirit commanded the Prince upon his allegiance to leave the prisoner , and to depart his way : with which commandement the Prince being set all in a fury , in a terrible manner came up to the place of judgement , some thinking that he would have slain the Judge , or have done him some hurt , but the Judge sitting still without moving , declaring the majesty of the Kings place of judgement , and with an assured bold countenance , spake thus to the Prince : Sir remember your self , I keep here the place of the King your soveraign Lord and Father , to whom you owe double obeysance , wherefore in his name I charge you desist from your wilfulness and unlawfull enterprise , and from henceforth give good example to those which after shall be your proper Subjects 〈◊〉 and now for your contempt and disobedience , go you to the prison of the Kings Bench , whereto I commit you , and remaine you there prisoner , untill the pleasure of the King your Father be further known . With which wordes being abashed , and also wondering at the marvellous gravity of that worshipfull Justice , the Prince laying his weapon apart , doing reverence , departed , and went to the Kings Bench as he was commanded , whereat his servants disdaining , came and shewed to the King all the whole affair . He a while studying , after , as a man all ravished with gladness , holding his hands and eyes towards heaven cried out with a loud voice : O mercifull God how much am I bound to thy infinite goodness , ●ff●ecially , for that thou hast given me a Iudge who feareth not to minister justice , and also a sin , who can suffer semblably ; and obey justice . Sir Thomas Eliot in his Governour , saith , here a man may behold three persons worthy memory : First a Judge , who being a Subject , feared not to execute justice on the eldest son of his soveraign Lord , and by order of nature his successor . Also a Prince , son and heir of the King in the midst of his folly , more considered his evil example , and the Judges conscience in justice , then his own estate , and wilfull appetito . Thirdly a noble King , and wise father , who contrary to the custome of parents , rejoyced to see his son and the heir of his Crown , to be for his disobedience by his Subject corrected . The Oath ex officio ( it should rather be called in officiosum ) was brought into the Church under him . The Prelates requiring it to discover those which that age esteemed Hereticks , and especially , those which they called Lollards , which Master Fox in his Acts and Monuments calls a bloudy Law. In his admonition to his son at his death , he said , Of English men , so long as they have wealth and riches , so long shalt thou have obeysance , but when they be poor , they are alwayes ready to make insurrection at every motion . All the time of his sickness , his will was to have his Crown set upon his Bolster by him , and one of his fits being so strong upon him , that all men thought him directly dead ; the Prince coming in , took away the Crown : when suddenly the King recovering his senses , missed his Crown ; and asking for it , was told , the Prince had taken it : whereupon the Prince being called , came back with the Crown , and kneeling down , said : Sir to all our judgements , and to all our griefs , you seemed directly dead , and therefore I took the Crown as being my right : but seeing to all our comforts you live , I here deliver it much more joyfully then I took it , and pray God you may long live to wear it your self . In his time were the two famous Poets Chaucer and Gower . None of the sons of Henry the fourth did degenerate : a thing not usuall in so large a family . Henry the fifth died gloriously in the pursuit of his conquests , the Duke of Clarence valiantly fighting , and though of a naturall death and Glocester of a violent , yet died they not with less fame then did the others . Biondi his History of the Civil Warres of England , l. 5. in Henry the sixth . The Duke of Bedfords death is to be numbred among the chiefest causes of the loss of France . He was a prudent Prince , of long experience in Arms and Government , obeyed by his own , feared by his enemies . Id. ibid. Fourth Henry was by some blind Bard foretold , That he should never die , till he had seen Ierusalem : fourth Henry will be old , Ierusalem for him shall be unseen : No , he shall see it , when he least doth ween . He swouns at prayers , and by religious men Is straight convey'd unto Ierusalem . Sir Francis Huberts History of Edward the second . The like Prophesie we read of Pope Sylvester the second , to whom being inquisitive for the time and place where he should die , it was answered that he should die in Ierusalem , who then saying Mass in a Chappell ( called likewise Ierusalem . ) perceived his end there to be near , and died . In this Kings time Guild-Hall in London was built . Gower being very gracious with him , carried the name of the only Poet in his time . He and Chaucer were Knights . The King died in Ierusalem-Chamber in minster in the year of his age forty six . He raigned thirteen years and a half , wanting five dayes . Fourteen years say others . CHAP. XIX . HENRY the fifth . HE was just , wise , magnanimous , valiant . To this noble Prince ( by an assent of the Parliament ) all the Estates of the Realm after three dayes , offered to do fealty before he was crowned , or had solemnized his Oath , well and justly to govern the Commonweal , which offer before , was never found to be made to any Prince of England . Stowes Chron. His young years were spent in literature in the Academy of Oxford , where in Queens-Colledge he was a Student under the tuition of his Uncle Henry Beauford , Chancellour of that University . When he came to be King , he made Thomas Rodban a famous Astronomer in those dayes , Bishop of St. Davids , and Iohn Carpenter a learned Divine , Bishop of Worcester , having known them both , whilest he lived in the University . The Civil Wars of England by Sir Francis Biondi . Presently after his Coronation he called before him all his old companions , who had been disorderly with him , strictly charging them , not to presume to come within ten miles of his Court , untill such time as they had given good proof of their amendment in manners , and left any of them should pretend want of maintenance to be any cause of their taking ill courses , he gave to every one of them a competent means whereby to subsist , and in stead of them he received the gravest men into his familiarity , in whom he conceived there was the greatest prudence to take counsell , and faith to give it , that he might be helped by their counsels , admonitions , and prudence . He kept his Lent in the Castle of Kenelworth , and whilest he lay there , messengers came to him from the Dolphin of France named Charles , with a present of Paris-Balls for him to play withall , but the King wrote to him , that he should shortly send to him London-Balls , with which he would throw down Paris Walls . And to make good his promise he raised a great Army , and hastened to France , and landed at Caen in Normandy . Charles the sixth then King of France raised also a mighty Army , and sent a King of Arms to defie him . King Henry desirous to know the numbers of the French , sent forth Captain Game for discovery ; who brought word that there were of them enough to kill , and enough to take , and enough to run away . The French were so confident of victory , that they sent to King Henry to know what ransome he would give ; but he obtained a great victory over them . He was sirnamed commonly the Alexander of England , because as Alexander the Great conquered the most part of Asia in the space of nine or ten years , so did this Henry conquer France in less then the like time . The second ornament of the English Nation . By force of Arms and military prowess maugre the French , he conquered France , and brought Charles the sixth King of France to that extremity , that after a sort he surrendred up his Crown unto him . Fuit statura corporis quae justam excederet , corpore gracili , membris aequalibus ac validis , facie decorâ , collo oblongo , artis militaris peritissimus ; ac ejus gloriâ illustrissimus . Polyd. Virg. Ang. hist. 22. Within the term of five or six years , he brought the better part of France under his obedience . Avaunt proud Rome and brag not of thy men , Nor thy aetheriall Caesars Wars declare : Cease peerless Plutarch with thy sacred pen , The worlds arch-Monarchs aptly to compare , Reason doth urge , and this alleadge I dare , That Englands Homer pourtrayd hath his War , Which doth excell the worthiest Caesars Star. William Herberts Prophesie of Cadwallader . He was of marvellous great strength , and passing swift in running , insomuch that he with two other of his Lords without Hound , Bow , or other engine , would take a wild Buck or Doe in a large Park . He ordained the King of Heralds over the English , which is called Garter . Never lived English King with more true glory , nor ever died any in a more unseasonable time , nor more lamented . It was said of him , that he had something in him of Caesar , which Alexander the Great had not , that he would not be drunk , and something of Alexander the Great , which Caesar had not , that he would not be flattered . The King being certified of his son Henries birth , gave God thanks , for sending him a son , which might succeed in his Crown and Scepter . But when he heard reported the place of his nativity , he said unto the Lord Fitz Hugh his trusty Chamberlain these words : My Lord , I Henry born at Monmouth , shall reign a while , and much get , and Henry born at Windsor , shall long raign , and all lose : but as God will , so be it . The burthen of those Wars lay upon the English mens shoulders , who were at that time rich and mighty , and had a wise , goodly , and valiant King called Henry , accompanied with sage , hardy , and expert Captains , viz. the Earl of Salisbury , Talbot , and others . When God meant to withdraw his goodness from the English men , this wise King died at Bois de Vincennes , and his son who proved but a simple man , was crowned King of France and England , and at Paris . Phil. de Commines . The Duke of Bedford , third son to King , Henry the fourth , Regent for the English in France fourteen years , having crowned his master Henry the sixth in Paris , died , leaving behind him an honourable witness , even from his enemies , That he was a brave Commander , a true Patriot , and a faithfull servant to his Lord and brother Henry the fifth , and to his son Henry the sixth . He was Regent of France , Duke of Bedford , Alanson , and An●●u , Earl of Main , Richmond , and Kendall , and Constable of England . King Henry died in France in the ninth year of his Raign 1422. He left to succeed him his only child Prince Henry , about as many moneths old as his father had raigned years . HENRY the sixth . He was proclaimed King when he was about eight moneths old , his mother brought him to the Parliament in London in her bosome . He was crowned on the ninth year of his age . His infancy was mightily supported , by the notable valour and policy of his two Uncles , Humphrey Duke of Glocester , and Iohn Duke of Bedford , to the one was committed the protection of his person and Kingdome , to the other the managing of the War continued in France . He was a very simple man , and almost an innocent . Philde Commines . l. 3. c. 7. He was of a seemly stature , of a slender body , and of a beautifull face : in whose best of fortune it was never to prossess more then the name of a King. What Prophet could have picked out of Mars and Saturn , the manifold mishaps which befell that Prince of blessed memory , King Henry the sixth , sometimes sleeping in a port of honour , sometime floting in the surges of mishap , sometime possessing forraign Crowns , sometimes spoiled and deprived of his own , sometime a Prince , sometime a prisoner , sometime in plight to give succour to the miserable , sometime a fugitive among the desperate ? Howards Defensative against the poyson of supposed Prophesies . c. 14. History shews us not an example of a Prince , who in so many vicissitudes , never met with one fully to his advantage . He was four times taken prisoner , and in the end despoiled both of his Kingdome and life . He was crowned King of France in Nostre Dame in Paris , receiving the homage and fealty of all the Nobility of France present , and all the Citizens and Inhabitants of that City , and the places adjacent . He was so continent , that at Christide having a shew of young women presented to him bare breasted , he immediately departed with these words ; Fie , fie , fie for shame , Forsooth you be too blame . He willingly pardoned many great offences . A Ruffian striking him on the face , he only said , Forsooth you are too blame to strike me your annointed King. He was never observed dejected upon the report of any sad accident : but entertained all afflictions as sent from the Almighty , and absolutely resigned his will to that of heaven . He founded Eaton-School and Kings Colledge , the Chappell of which last shewed the magnificence that the whole should have been of , had their sounder raigned to have finished them himself . At Towton about four miles from Yorke , the Armies of Edward the fourth and King Henry the sixth met , where was fought the greatest Battell our Stories mention in all these Civil Wars , where both the Armies consisted of above a hundred thousand men , and all of our own Nation . One day when he was washing his hands at a great Feast , and cast his eye upon his son Henry , then a young youth , he said , This is the Lad , that shall possess quietly that we now strive for . This shewed a very propheticall spirit to have been in King Henry , that could so long before foretell a thing so unlikely to happen . For this was he that was afterward King Henry the seventh , before whom at that time there were many lives in being , of both the houses of Yorke and Lancaster ; so some : but my Lord Howard in his Defensative against the poyson of supposed Prophesies c. 4. seems not wholly to ascribe it to that . King Henry the seventh after laboured his Canonization with the Pope ; but that succeeded not : for however the world was assured of his * piety , there was much question of his Government . So Habington a Papist in his History of King Edward the fourth . Polyd. Virg. Ang. hist. l. 24. p. 532. saith thus , Sed morte post statim obita , id officium praestare nequivit . Cambden in his Britannia in Surrey saith it was Pope Iulius , and that the reason why this took no effect was the Popes covetousness , who demanded too great a summe of money for a Kings Canonization , as they term it , so that he might seem ready to grant those kind of honours not for the Princes holiness sake , but for gold . Sir Francis Bacon in his History of Henry the seventh relates it thus , About this time the King became suitor to Pope Iulius the second , to canonize King Henry the sixth for a Saint ; the rather in respect of that his famous prediction of the Kings own assumption to the Crown . The Pope referred the matter ( as the manner is ) to certain Cardinals , to take the verification of his holy acts and miracles ; but it died under the reference . The generall opinion was , that Pope Iulius was too dear , and that the King would not come to his rates . But it is more probable , that the Pope ( who was extreamly jealous of the dignity of the See of Rome , and of the Acts thereof ) knowing that King Henry the sixth was reputed in the world abroad but for a simple man , was afraid it would but diminish the estimation of that kind of honour , if there were not a distance kept between Innocents and Saints . William Alnwicke Bishop of Lincoln was his Confessor . Dr. Litchfield in his Raign preached 3083 Sermons . Never any came to be King so soon after his birth , nor left to be King so long before his death ; for he came to be King at eight moneths old , and he left to be King twelve years before his death . Holy King Henry , as they call him , was crowned in Paris : yet he lost all on that side before he was a man , as I remember , or soon after , and before his unhappy death he lost this land also , which loss of both came by striving for both . Richard Duke of Glocester killed him , that thereby Edward the fourth his brother might be freed from all hostile fear . So Polyd. Virg. and others . He successively ruled this Land the space of thirty eight years , six moneths , and four dayes . EDWARD the fourth . He came unto the Kingdome , not by power or justice , but by the peoples inclination . Biondi . He raigned thirty eight yeares , six moneths , and odde dayes , and after his redemption of the Crown , six moneths . He lived two and fifty years , having by his wife one only so● , called Edward , Prince of Wales . He was the goodliest Gentleman ( saith Commines l. 4. c. 10. ) that ever I set mine eye on ; and l. 3. c. 5. the beautifullest Prince that lived in his time ; but after he grew gross and corpulent , giving himself wholly to pleasures . He was a fortunate Prince in the field : for he wan at least nine great Battels , fighting himself on foot in every one of them . Phil. de Com. in his Hist. Book l. 3. c. 4. and 6. p. 188. saith , that King Edward himself told me , that in all Battels that he wan , so soon as he had obtained victory , he used to mount on Horseback , and cry to save the people , and kill the Nobles : for of them few or none escaped . Id. l. 3. c. 5. In his fourth Book c. 10. he speaks of an interview between King Edward and Lewis the eleventh King of France ; the French King after some discourse , said pleasantly , That he should come to Paris to solace himself there with the Ladies , and that he would give him the Cardinall of Bourbon for his Confessor , who would easily assoil him of sin , if any were committed . The King of England took great pleasure in this talk , and answered with a merry countenance : for he knew the Cardinall to be a good fellow . Never lived Prince whom adversity did more harden to action ; and prosperity more soften to voluptuousness . So improvident was his memory , that he forgat the greatest injuries , and resumed the Archbishop of Yorke into favour , not bearing so much as a watchfull eye over a reconciled enemy . The so fatall division between the house of Yorke and Lancaster , with him in a manner had both their birth and growth . I sing the Civil Wars , tumultuous broils , And bloudy factions of a mighty Land : Whose people haughty , proud with forraign spoils , Upon themselves turn back their conquering hand ; Whilest kin their kin , brother the brother foils , Like Ensigns all against like Ensigns band ; Bowes against Bowes , the Crown against the Crown , Whilest all pretending right , all right 's thrown down . Our English Luean , Daniel of the Civil Wars . The first fortnight of his Raign was died , I will not say stained , with the bloud of Walter Walker a Grocer , who keeping Shop at the Sign of the Crown in Cheapside , said , He would make his son heir to the Crown : a bold jest broke in an evil time : yet do I not side with them , who taxe the King of severity in this execution ; unless I could clear this man from being particularly factious for the house of Lancaster ; or know that those words were uttered in innocent mirth , without any scorn to King Edwards title . And however perhaps the extraordinary punishment of such saucy language , was not then unnecessary to beget authority , and make men cautious to dispute the descent of Princes , when the question was so nice , and arguments not improbable on either side . Habingtons History of Edward the fourth . Speed saith his words intended no treason , ( the Grocer not once dreaming to touch King Edwards title ) yet the time being when the Crown lay at stake , the Law made them his death . He hearing of a certain prophesie , that G. should dispossess his children of the Crown , was consenting to his death ; interpreting G. to be George Duke of Clarence , which fell out to be Glocester , to whose tyranny he left them by this ungodly means . He vanquished in nine Battels , himself being present . The Scene of his fortune had more changes then any King of England yet , except his Competitor . Lust was reputed his bosome-sin ; God severely punisht him in his sons , who were both dispossest of their Kingdome and their lives , by their unnaturall Uncle : there being so much appearance of right by their fathers incontinency ; that even an Act of Parliament was made to bastardize them . He was the first of our Kings since the Conquest that married his Subject . His usuall Oath was By Gods blessed Lady . He sate on the Kings Bench in open Court three dayes together , in Michaelmas Term , anno 〈◊〉 of his Raign , to understand how his Laws were executed . Have we not seen the late King of England , Edward the fourth of that name , heir of the house of Yorke , utterly destroy the house of Lancaster , under the which both his father and he had lived many yeares ? Farther , the said King Edward having done homage to King Henry the sixth , being of the house of Lancaster , did he not afterward hold him prisoner many years in the Tower of London , the chief City of the Realm , where in the end he was put to death ? Phil. de Commines . hist. l. 5. c. 18. He saith that their King Lewis the eleventh of France , in wisdome and sense far surmounted King Edward . Lib. 6. c. 2. and l. 5. c. 13. he saith of Lewis , undoubtedly he was one of the wisest and subtilest Princes that lived in his time . That very day wherein an honourable peace was concluded between Edward the fourth and King Lewis the eleventh , upon subscribed Articles ; it chanced a white Dove , as Commines writes , to repose her self upon King Edwards pavilion , whereupon though many gathered an argument , yet since she sate not equally between both the Kings , I like much better of a Gascoines observation , who having been present at the sight , reported unto Philipde Commines , as himself records , that the Dove repaired to King Edwards Tent , only to this intent , to refresh and prune her self after a great rain , because the Sun was warmest there . Howards Defensative c. 24. Richard Nevill Earl of Warwicke was a man of an undaunted courage , but wavering and untrusty , the very Tennice-Ball in some sort , of fortune ; who although he were no King , was above Kings , as who deposed King Henry the sixth , ( a most bountifull Price to him ) from his royall dignity , placed Edward the fourth in the royall Throne , and afterwards put him down too ; restored Henry the sixth again to the Kingdome , enwrapped England within the most wofull and lamentable flames of Civill War , which himself at the length hardly quenched with his own bloud . In his spirit , birth , marriage and revenue , he was mighty : which raised his thoughts above proportion . The greatest and busiest Subject our later age hath brought forth . That make-King Warwick having the English Crown Pinn'd on his sleeve , to place where he thought best , Who set up Princes , and did pull them down , How did he toyl the Land with his unrest ? How did his Sword rip up his mothers brests : Whose greatness , and his popularity , Wrought both his own , and others tragedy . Sir Francis Huberts History of Edward the second . Cecil Dutchess of Yorke , his mother lived in Henry the sevenths Raign , and died at her Castle of Barkhamsted , being of extream years ; who had lived to see three Princes of her body crowned , and four murthered . He being near his death , told his friends , that if he could as well have foreseen things , as now to his pain he proved them , he would never have worn the courtesie of mens knees , with the loss of so many heads . He raigned two and twenty yeares , one moneth , and five dayes . EDWARD the fifth . He was scarce eleven years old when his father died , and succeeded him in the Kingdome , but not in the Crown ; for he was proclaimed King , but never crowned : and indeed it may not so properly be called the Raign of Edward the fifth , as the tyranny of Richard the third . He hearing that his Uncle had left the name of Protector , and taken upon him the title of King , and was with full consenting of the Lords to be crowned within a few dayes following , with the same Crown and in the like Estate as had been provided for his solemnity ; the dejected Innocent sighed and said , Alass , I would my Vncle would let me enjoy my life yet , though I lose both my Kingdome and Crown . He and his brother Richard were murthered in the Tower. T●win brethren in their deaths ; what had they done ? O , Richard sees a fault that they were in ; It is not actuall , but a mortall one , They Princes were , 't was their original sin . Why should so sweet a pair of Princes lack , Their Innocents-day in th' English Almanack . Aleyns History of Henry the seventh . RICHARD the third . He was king in fact only , but Tyrant both in title and regiment . He was ill featured of limmes , crook-backed ; hard favoured of visage , malicious , wrathfull , envious . It is for truth reported , that the Dutchess his mother had so much ado in her travail , that she could not be delivered of him uncut : and that he came into the world with the feet forward , and ( as the same runneth ) also not untoothed , whether men of hatred , report above the truth , or else that nature changed her course in his beginning , which in the course of his life committed many things unnaturally . Buck ( that writes his Raign ) writes favourably of him , but the Chroniclers generally condemn him . He was brother to King Edward the fourth ; and having most wickedly murthered his Nephews , usurped the Kingdome by the name of King Richard the third : and after two years lost both it and his life in a pitched field . He slew with his own hands King Henry the sixth , being prisoner in the Tower , as men constantly said , and that without commandement or knowledge of King Edward the fourth , who undoubtedly if he had intended his death , would have appointed that Butcherly office to some other then his own brother . He slew also that Kings son in the presence of Edward the fourth . Was the contriver of the death of the Duke of Clarence his brother . He bare a white Bore for his Cognisance . The Lord Lovell , Sir Richard Ratcliffe , and Sir William Catesby were chief rulers under him : of the which persons was made a seditious Rime , and fastened upon the Cross in Cheapside , and other places of the City . It was this , The Cat , the Rat , and Lovell the Dog , Rule all England under a Hog . For which one Colingborne was executed . A Prince who deserved to be ranked among the worst men , and the best Kings . Yet Sir Francis Bacon in his History of Henry the seventh saith , that his good Laws were but the brocage of an usurper , thereby to win the hearts of the people , as being conscious to himself that the true obligations of Soveraignty in him failed . He put to death Hastings . A greater judgement of God then this upon Hastings , I have never observed in any Story . For the self same day that the Earl Riners , Grey , and others , were ( without triall of Law , or ostence given ) by Hastings advice executed at Ponfret : I say Hastings himself in the same day , and ( as I take it ) in the same hour , in the same Lawless manner , had his head stricken off in the Tower of London . He had little quiet after the murther of his two Nephews in the Tower of London . Sir Iohn Beaumont hath well described Bosworth-field in Verse . The night before he was slain , he dreamed that he saw divers images of Devils , which pulled and haled him , not suffering him to take any rest , the which vision stroke him into such a troubled mind , that he began to doubt what after came to pass . Charles the ninth King of France , after the massacre in Paris , and divers other Cities , ( wherein were slaughtered about thirty thousand ) never saw good day , but his eyes rolled often , uncertainly in the day with fear and suspition ; and his sleep was usually interrupted in the night with dismall dreams and apparitions . He being near his end , vomited out bloud pittifully by all the conduits of his body , as a just judgement for him that barbarously shed it , throughout all the Provinces of the Realm . He raigned two yeares , two moneths , and one day . CHAP. XIX . HENRY the seventh . THe fourteen Plantagenets thus expiring with Richard the third , five Tudors take their turns in this manner . Henry the seventh . Henry the eighth . Edward the sixth . Queen Mary . Queen Elizabeth . They are called Tudors , because Henry the fifth his widow being a French woman , married Owen Tudor , from whom Henry the seventh did lineally descend . In this Nation , how hath the Crown walked , ( even since Christs birth ) from Britains to Saxons , Danes , Normans , Plantagenets , Tudors , Stuarts . Mrs Shawes Tomb-stone . This King pretended a six-fold title to the Crown : By Conquest , Military election of Souldiers in the fields near Bosworth , by Parliament , by Birth , by Donation , and Marriage . He did never stand upon his marriage with the right heir as the foundation of his right unto the Crown ; for he knew well enough , that if that had been his best and only title , though it might make the power good unto his children , yet while she was living , he must hold the Crown in her right , not in his own , and if she died before him , it was lost . Because he was crowned in the field with King Richards Crown , found in an Hawthorn-Bush , he bare the Hawthorn-Bush with the Crown in it . He was crowned the thirtieth day of October in the year of our Lord 1485 , by Thomas Bourehier Archbishop of Canterbury and Cardinall . At which day , he did institute for the better security of his person , a Band of fifty Archers under a Captain to attend him , by the name of Yeomen of his Guard ; and yet that it might be thought to be rather a matter of dignity , after the imitation of that he had known abroad , then any matter of diffidence appropriate to his own case ; he made it to be understood for an Ordinance not temporary , but to hold in succession for ever after . Through whose care , vigilancy , policy , and forecasting wisdome for times to come , the State and Commonwealth of England hath to this day stood established and invincible . Camdens Britannia in Surrey . A politick Prince he was , if ever there were any , who by the engine of his wisdome , beat down and overturned as many strong oppositions both before and after he wore the Crown , as ever King of England did . Whose worthy renown like the Sun in the midst of his sphere , shineth , and ever shall shine in mens remembrance ! What incomparable circumspection was in him alwayes found , that notwithstanding his long absence out of this Realm , the disturbance of the same by sundry seditions among the Nobility , Civil Warres and Battels , wherein infinite people were slain , yet by his most excellent wit , he in few years , not only brought this Realm in good order and under due obedience , revived the Laws , advanced justice , refurnished his dominions , and repaired his mannours , but also with such circumspection treated with other Princes and Realms , of leagues , of alliance , and amities , that during the most part of his Raign , he was little or nothing disquieted with War hostile or martiall business . And yet all other Princes either feared him or had him in fatherly reverence . He could never endure any mediation in rewarding his servants , and therein exceeding wise : for whatsoever himself gave , he himself received back the thanks and the love ; on the contrary , in whatsoever he grieved his Subjects , he wisely put it off on those , that he found fit ministers for such actions . By his happy marriage ( being next heir to the house of Lancaster ) with Elizabeth daughter and heir to Edward the fourth of the house of Yorke , the white and red Roses were conjoyned . Sir Francis Bacon saith of Iohn Morton Archbishop of Canterbury , Chancellor of England and Cardinal . He deserveth a most happy memory in that he was the principall means of joyning the two Roses . From the twenty eighth year of Henry the sixth unto the fifteenth of Henry the seventh , the Civil War between Lancaster and Y●●ke continued , wherein , as they reckoned , there were thirteen fields fought , three Kings of England , one Prince of Wales , twelve Dukes , one M●rquesse , eighteen Earles , with one Vicount and twenty three Barons , besides Knights and Gentlemen lost their lives . Cambd. Brit. in Warwickeshire . * The King ( in honour of the Brittish race , of which himself was ) named his first son Arthur , according to the name of that ancient worthy King of the Brittains ; in whose acts there is truth enough to make him famous , besides that which is fabulous . King Arthur fought twelve Battels with the Saxons and overthrew them . Hollinsh . Arthurus belliger illis temporibus dux militum & Regum Brittanniae contra Saxones invictissimè pugnabat , duodecies dux belli fuit , duodecies victor bellatorum . Hunting . hist. l. 2. That Arthur was one of the nine Worthies . There were three Jewes , Ioshua , David , Iudas Maccabaeus ; three Gentiles , Hector of Troy , Alexander the Great , and Iulius Caesar ; three Christians , Arthur of Britain , Charlemain of France , and Godfrey of Bullen . Arthur ursum significat , quasi ursinum diceres . Burhillus in MS. The Prince Arthur died before his father , and lieth buried in the Quire of the Cathedrall Church at Worcester . After was born to the King at Greenwich the Lord Henry his second son , which was created Duke of Yorke , and after Prince of Wales , who succeeded his father in governance of this Realm , by the name of Henry the eighth . His time did excell for good Common-wealths Laws ; so as he may justly be celebrated for the best Law-giver to this Nation , after King Edward the first . For his Laws ( who so marks them well ) are deep , and not vulgar : not made upon the Spur of a particular occasion for the present ; but out of providence of the future , to make the estate of his people still more and more happy ; after the manner of the Legislators in ancient and heroicall times . The Tax ( called Benevolence ) was devised by Edward the fourth , for which he sustained much envy . It was abolished by Richard the third by Act of Parliament , to ingratiate himself with the people ; and it was revived by this King , but with consent of Parliament , for so it was not in the time of King Edward the fourth . It is observed as a rule in Politicks , * that Dominium sequitur terram , those that are the greatest proprietaries , have the chief power , as in Turkie , because none there holds any land but during his life ; therefore the great Turk hath such unlimited power , and so the Barons were able ( they say ) to ma●e War with their Prince , because the land was most in their and their Tenants possession . Henry the seventh therefore being raised by the Nobles , conceiving , that those which exalted him might cast him down , did abate their power , and made Statutes against Retainers . But Henry the eighth demolishing the Abbies , distributed the lands among the people , and so they again gained great power by that meanes . He made a composition with Philip , father to the Emperour Charles the fifth , being here in England , that he should deliver into his hands , the Duke of Suffolke , his mortall enemy , who was fled out of England , and saved himself in the Low Countries , alwayes provided that the King should attempt nothing against the Dukes life ; which promise notwithstanding , being ner his end , he expresly by will and testament commanded his succeeding son , that immediately after his decease , he should cause him to be put to death . Montaigne his Essayes . l. 1. c. 7. There scarce passed any Parliament in this time , without a Law against Riot and Retainers , the King having an eye to might and multitude . The King was on a time entertained by the Earl of Oxford ( that was his principall servant , both for war and peace ) nobly and sumptuously , at his Castle at Henninghom . At the Kings going away , the Earls servants stood ( in a seemly manner ) in their Livery Coats , with cognizances , ranged on both sides , and made the King a Lane. The King called the Earl to him , and said ; My Lord , I have heard much of your hospitality , but I see it is greater then the speech . These handsome Gentlemen and Yeomen , which I see on both sides of me , are sure your meniall servants . The Earl smiled , and said ; It may please your Grace , that were not for mine ease . They are most of them my Retainers , they are come to do me service at such time as this , and chiefly to see your Grace . The King started a little , and said ; By my faith ( my Lord ) I thanke you for my good chear , but I may not endure to have my Lawes broken in my sight . My Atturney must speake with you . The Earl after compounded for a thousand marks . His disposition to crush treasure out of his Subjects purses , by forfeitures upon penall Lawes , proved the blot of his time . When among many Articles exhibited by the Irish against the Earl of Kildare , the last was : All Ireland cannot rule this Earl. Then ( quoth the King ) shall this Earl rule all Ireland ; and shortly after he made him Deputy thereof . Iames the fourth King of Scotland married with the Lady Margaret , the Kings eldest daughter . During the Treaty , it is reported , that the King remitted the matter to his Counsell . And that some of the Table in the Freedome of Counsellors ( the King being present ) did put the case ; that if God should take the Kings two sons without issue , that then the Kingdome of England would fall to the King of Scotland , which might prejudice the Monarchy of England . Whereunto the King himself replied ; That if that should be , Scotland would be but an accession to England , and not England to Scotland , for that the greater would draw the less : and that it was a safer union for England , then that of France . This was the ninth time , that since the Conquest , the Scottish Kings have married with the English Nation . Ayscu . He left at his death most of it in secret places , under his own Key and keeping , at Richmond , the summe of near eighteen hundred thousand pounds sterling ; a huge mass of money , even for these times . His son Henry the eight by his pleasures , by unprofitable Wars exhausted all that treasure in a few of the first years of his Raign . He died at his Palace at Richmond which himself had built , having lived two and fifty years , and raigned three and twenty years , and eight moneths . He died , and in memoriall of his name , Built that fair Chappell , where he now takes rest ; A rich foundation of a curious frame , The fairest monument lest unsupprest , Passing all temples of the gorgeous East : O strew his Hearse with Roses red & white , For he both stemmes did in one unite . Stor●rs Wolseius aspirans . HENRY the eighth . Seven is a number fatall from the heavens . But eight King Henry passing all the sevens . Storers Wolseius aspirans . Of personage he was tall and mighty , and in his latter years somewhat gross , in wit and memory excellent , such majesty and humanity as was comely in such a Prince . Cui natura fortunaque supra Regium nomen , incomparabilis formae & maxime praestantis ingenii accumulata dona contulerunt : nemo enim è tota Anglica juventute , vel staturae dignitate , vel venustate oris , vel nervorum firmitate Regem aequavit . Paul. Jov. Britanniae descript . Huic erat à teneris annis ars bellica cordis Ut reliquas dotes , condignas principe tanto , Corporis atque animi non sit memor are necesse . Quod fortis , clemens , humeris quod & alitor ibat Omnibus , egregia facie vultuque decoro . Oclandi Anglorum praelia . It hath been observed by Historians , of Tiberius Emperour of Rome ; of Mahomet the Great , Emperour of the Turks ; and of Henry the eight , King of England ; that there was no security in their love , but that such as were highest in their favour , were nearest to ruine . He brought unto the block two Queens two noble Ladies , one Cardinall declared ; of Dukes , Marquesses , Earls , and the sons of Earls , no fewer then twelve ; Lords and Knights eighteen of Abbots and Priors thirteen ; Monks , and religious persons , about seventy seven , and many more of both Religions , to a very great number . Dr. Heylins Ecclesia Restaurata . That is a tart expression of Sir Walter Rauleigh in his Preface to his History of the world . If all the pictures and patterns of a merciless Prince were lost in the world , they might all again be painted to life out of the Story of this King. How many wives did he cut off , and cast off , as his fancy and affection changed . When he was ready to give accompt to God for the abun●ance of bloud already spilt , and knew he was no longer able to live , he imprisoned the Duke of Norfolk the father , signed a Warrant for the execution of the Earl of Surrey his son , within nine dayes after he himself expired . Unto a stately great outlandish Dame , A messenger from our King Henry came ( Henry of famous memory the eight . ) To treat with her in matter of great weight ; As namely , how the King did seek her marriage , Because of her great vertue and go●d carriage . She ( that had heard the King lov'd change of pasture ) Repli'd , I humbly thank the King , your master , And would , ( such love his same in me hath bred ) My body venter so , but not my head . Sir Iohn Harringtons Epigrams . Maximilian the Emperour was retained by him as his souldier . He not only wore the Cross of St. George , but received his pay duely , viz. a hundred Crowns per diem . L. Herbert in Hen. the 8 ths life . Sub Rege Anglorum magnus meret Induperator , Germanique truces , duro gens strenua bello . Oclandi Anglorum praelia . The Raign of this King continued with great nobleness and fame the space of thirty eight years . During whose time and Raign was great alteration of things , as well to the Civil State of the Realm , as especially to the State Ecclesiasticall , and matters to the Church appertaining . For by him was exiled and abolished out of the Realm , the usurped power of the Bishop of Rome , idolatry and superstition somewhat repressed , images defaced , Abbeys and Monasteries pulled down , sects of Religion rooted out , Scriptures reduced to the knowledge of the vulgar tongues , and the state of the Church and Religion redressed . Fox his Acts and Monuments , vol. 2. p. 63. See B. Bedells Examinat . of Wadsworths motives c. 10. He was much addicted to the reading of Thomas Aquinas , and was therefore ( as some think ) called by Luther Thomisticus , acerrimus ingeniorum aestimator . Had. Jun. Epist. D. Dilso . He wrote a volume against Luther in defence of Pardons , the Papacy , and the supposed seven Sacraments . Of this Work the original is yet remaining in the Vatican at Rome , and with his own hand , thus inscrib'd ; Anglorum Rex Henricus Leoni 10. mittit hoc opus & fidei testem & amicitiae Whereupon saith Sleidan , Pontifex honorisicum Regi cognomen tribuit , Defensorem appellans Ecclesiae , which is the same with Defender of the faith . This title was given him about the twelfth year of his Raign . Vide Polyd. Virg. Ang. hist. l. 27. p. 664. His fool coming unto the Court , and finding the King transported with an unusuall joy , boldly asked him the cause thereof , To whom the King answered , It was because the Pope honoured him with a stile more eminent then any of his Ancestors ; Good Harry ( quoth he ) let thou and I defend one another , and let the faith alone to defend it self . Fisher was not the Author of King Henry his Book against Luther ( as Sanders * and Bellarmine will have it ) nor Sir Thomas More ( as others say ) though I doubt not but they might both revise it by the Kings favour , and where it was needfull also interpose their judgement . Many thought that was compiled by Sir Thomas More , some by the Bishop of Rochester , and others ( not without cause ) suspected it to be the work of some other great Scholar . Godwins Annals of England . The Pope excommunicating him , he fell off from the Pope . Luther in an Epistle to the King saith thus , Verum etiam quód fide dignis testibue didici , libellum sub majestatis tuae nomine in me editum , non esse Regis Angliae , ut videri volebant subdoli sophistae , qui majestatis tuae titulo abusi , non senserunt quantum sibi ipsis periculum in Regia ignominia pararent : praesertim illud monstrum , & publicum odium Dei & hominum Cardinalis Eboracensis , pestis illa regni tui . The King in his Answer to this Epistle affirms it to be his . Iam quantumvi● te fingas credere , editum à me libellum , non esse meum , sed meo nomine subornatum à sophistis subdolis , tamen & meum esse multi majori fide digni , quàm sunt tuâ illi fide digni testes cognoscunt : & ego quanto tibi minus placet , tanto magis libenter agnosco . He caused to be put into the Liturgy , Ab Episcopi Romani tyrannide & detestandis enormitatibius , libera nos Domine , heroica animi magnitudine imbelles pontificum bullas , & instatas execrationibus buccas despicatui habuit . Renigerus de Pii quinti & Gregorii decimi tertii Romanorum pontificum furoribus . He thrust out the Popes Supremacy , that he might be revenged of the Pope , who would not allow of his divorce from his first wife , but he continued much of the Popish Religion , and made six Articles called a whip with six strings , which were the death of many godly men , being perswaded thereto by Bishop Gardiner . There is a story of one , who seeing then both Papists hanged for traytors , because they opposed the Kings Supremacy , and Protestants burned for hereticks , in regard they denied the six Articles , cried out , What Religion is there here in England ? whereupon one asked him , What Religion he was of ; he answered , He was of the Kings Religion . Nor was that boysterous King so much to blame in dissolving materiall Temples or houses ( rather abused then consecrated to superstition ) as he was , after this Reformation ( if so it may be called ) in destroying so many living Temples of God , which sought not the dissolution of his Kingdome , nor any other Reformation of him and his people , save only the clearing and purifying of their hearts and brests , ( which had been consecrated unto Gods service ) from the infection of Romish superstition and idolatry . Dr. Iacksons Commentary on the Creed , l. 11. c. 38. He was counted the common Umpire of Christendome . He exceeded all his Progenitors in setting up sumptuous houses . He confirmed Christ-Church in Oxford , and erected Trinity-Colledge in Cambridge . The professors of the Hebrew and Greek tongues were first instituted by him in both the Universities . Sit Rich. Bakers Chron. In running at Tilt and such exercises , he overcame the rest . Cum lectissimi equites Cataphracti in lud●cro spectaculo infestis hastis concurrerent , tanta arte id bellici vigoris munus implebat , ut ei proposita victoribus pr●mia integra populi judicio , saepissimé deferrentur . Paul. Jov. Brit. descript . He could not only sing his part , but of himself compose a Service of four five and six parts . Eras. in farrag . in Epist. * Finding fault with the disagreement of Preachers , he would often say , Some are too stiffe in their old Mumpsimus , and others too busie and curious in their new Sumpsimus . King Ine out of his devotion to the See of Rome , enjoyned every one of his Subjects , that possessed in his house of any one kind of goods to the value of nineteen penes , to pay yearly upon Lammas day , one peny to the Pope , which at first was contributed under the name of the Kings alms , but afterwards was paid by the name of Peter-pence . The Pope of Rome had out of every Chimney of England , Ireland , and Scotland , Wales , and Cornwall , a penny a year , for five hundred years together . Omnis qui habet triginta denariatas vivae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium sancti Petri. Hoved. Annal . pars posterior . p. 603. King Henry first forbad this to be paid to the Pope . There preached one before him whose Sermon the King liked not , as there was reason ; the King willed Sir Thomas More then being Lord Chancellor , to give the Preacher thanks worthy such a Sermon . He being a man of a pleasant wit , spake aloud to the Preacher , that the King might hear , and said , The Kings Majesty thanketh you for your notable Sermon : which when the King heard , he called Sir Thomas to him , and said , What mean you my Lord to give such thanks in our name ? If it like you , quoth he , there be some things notable evil . It is a note worthy to be remembred , that Thursday hath been a fatall day to King Henry the eight , and all his posterity ; for himself died on Thursday the twenty eighth of Ianuary ; King Edward on Thursday the sixth of Iuly ; Queen Mary on Thursday the seventeenth of November ; and Queen Elizabeth on Thursday the twenty fourth of March. After Dr. Collets Sermon preached to him , and long communication with him by occasion thereof , he dismissed him with these words , Lot every one have his Doctor as he liketh , this shall be my Doctor . Being necessitous , he was offered by the House of Commons in a Parliament toward his latter end , all the lands and houses of the two famous Universities , to be confiscated to his Exchequer , by a most mechanick prostitution of the learning , the honour , and the piety of the Nation : but he told them not without a just scorn , that he had too much of a Scholar in him , to destroy two such Universities as the world had not the like . His purpose was ( if he had lived ) to have made a perfect Reformation of Religion saith Mr. Fox in his second Volume of his Acts and Monuments o● the Church . p. 647. and he gives there two reasons of his opinion . But the secret working ( saith he ) of Gods holy providence , which disposeth all things after his own wisdome and purpose , thought it good rather by taking the King away , to reserve the accomplishment of this Reformation of his Church to the peaceable time of his son Edward , and Elizabeth his daughter , whose hands were yet undefiled with any bloud , and life unspotted with any violence or cruelty . Cardinal Woolsey , and after him Archbishop Cranmer were in great favour with him , Sir Thomas Moor and the Lord Cromwell were also highly esteemed by him . Francis King of France after the death of King Henry the eight , was much disposed to melancholy , whether for that he being some years the younger , was by his death admonished of the like approaching fate . They were also of so conspiring a similitude of disposition and nature , that you shall hardly find the like between any two Princes of whatever different times . He celebrated the Funerals of King Henry in the Cathedrall at Paris , though excommunicated by the Pope . Many learned men lived in his dayes , Iohn Collet Dean of Pauls , and founder of the School there ; William Lilly the first Schoolmaster of Pauls School , after it was erected ; Thomas Linacer or rather Linaker , a learned Physician , and well seen in the tongues ; Richard Pace a good Linguist ; Iohn Fisher Bishop of Rochester ; Sir Thomas More an excellent Scholar ; Iohn Frith and William Tindall , Robert Barnes Martyrs ; Robert Wakefield a good Linguist ; Sir Thomas Eliot ; Edward Lee Archbishop of Yorke ; Iohn Leland a great Antiquary ; William Grocin very expert in Greek and Latine ; Hugh Latimer Bishop and Martyr , who hath put out an elegant Oration in Latine , thus entituled , Hugonis Latimeri Anglicani pontificis Oratio , apud totum Ecclesiasticum Conventum , antequam consultatio publica iniretur , de Regni statu per Evangelium reformando , Regni invictissimi Regis Henrici 8● , 6● anno vigessimo octavo habita ; where he speaks of many things fit then to be reformed ; and well concludes , Si nihil est emendandum in communi , saltem emendemus nos ipsos singuli . He raigned thirty seven years , and nine moneths , and died in the six and fiftieth year of his life , leaving behind him three children , Edward , Mary , and Elizabeth , all which also raigned after him . EDWARD the sixth . Next after the death of King Henry , succeeded King Edward his son , being of the age of nine years . A Prince although but tender in years , yet for his sage and mature ripeness in wit and all Princely ornaments , as I see but few to whom he may not be equall , so again I see not many to whom he may not justly be preferred . Fox ▪ his Acts & Monuments of the Church . vol. 2. p. 65 2. He fitly compares him there to good Iosias . Favour and love ( saith he ) of Religion was in him from his childhood ; such an Organ given of God to the Church of England he was , as England had never better . Id. ib. All King Henries issue for themselves in their severall kinds , were Princes of eminent vertue . As Henry the eighth with Solomon was blame-worthy for women , so he left but one son and two daughters . Solomon had Rehoboam , a fool and unfortunate : his daughters but obscure , and both of them Subjects . But Henry was more happy in Edward his son , another Iosiah ; and his sisters both Soveraignes of an Imperiall Crown . Speed. Lever compares him to Iosiah in severall respects . He was born at Hampton-Court , on the twelfth day of October anno 1537 , being the only surviving son of King Henry the eight , by Iane his third wife , daughter to Sir Iohn Seymer Knight . It hath been commonly reported , and no less generally believed , that Prince Edward being come unto the birth , and there wanting naturall strength to be delivered , his mothers body was ripped open , to give him a passage into the world , and that she died of the Incision in a short time after . Whence this Epitaph was made upon her . Phoenix Jana jacet , nato Phoenice : dolendum Saecula Phaenices nulla tulisse duos . Alluding to the Crest of her father , a Phenix in flames within a Crown . Yet Dr. Heylin in his Ecclesia restaurata saith , there are many reasons to evince the contrary , that he was not so born . The other was not more poetically then truely written , he being , considering his years , an admirable President for all ages , of piety , learning , clemency , magnanimity , wisdome and care in governing his people . As Iulius Caesar in the midst of his greatest actions , wrote an exact and curious Commentary of his notable enterprises by Arms : so King Edward during all the time of his Raign , but most especially towards the end , kept a most judicious Journall of all the most principall passages of the affairs of his estate . Inclytus Edvardus formatus ab ubere matris Confestim doctis à praeceptoribus artes Ingenuas omnes didicit , qui Graeca Latinis Adjungens studio , paucis profecerat annis , Ut foret inferior nulli quem terra Britanna Protulerat , claro magnorum ex stemmate Regum . Nullus adaequari posset , si flexilis ●tas In puero egresso nondum tria lustra duosque Annos , ingenii aut praecox spectetur acumen : Quantum ad doctrinas virtutesque attinet almas Ille erat Europae Phoenix , quem funere acerbo , ( Ut flos vere novo viridanti carpitur horto ) Sustulit ante diem , mors immatura Britannis , Invidet haec terris pietatem & jura colentes . Oclandi Anglorum praelia . In his childhood , being about to take down something , which seemed to be above his reach , one of his fellowes offered him a bossed plated Bible to stand upon , and heighten him for taking that which he desired . But he perceiving it to be a Bible , with holy indignation resused it , and sharply reproved him that made the offer . A strong assurance of that dear esteem and veneration , in which he held that sacred Book in his riper years . Dr. Heylins History of Edward the sixth . He hath this observation in his Diary , the originall of which is in the hands of Sir Thomas Cotton . At the sixth year of my age , I was brought up in learning by Dr. Coxe , who was after my Almner , and John Cheek Master of Arts , two well learned men , who sought to bring me up in learning of tongues , of the Scripture , of Philosophy , and all liberall Sciences . Also John Belmain French man , did teach me the French tongue . He was annointed King at Westminster , by Thomas Cranmer Archbishop of Canterbury , being of the age of nine years . A Prince of great devotion , constancy of mind , * love of the truth , and incredibly studious . Godwins Annals of England . He knew all the principall Ports in England , Scotland , Ireland , France , and other Countries not far distant , how they lay , when the tide served , what vessels of burden they could receive , and what winds served for entrance . He reformed Religion . He caused Images and all monuments of Idolatry to be destroyed , and a great Bible in English to be set up in every Church . He was in body beautifull , of a sweet aspect , and specially in his eyes , which seemed to have a starry liveliness and lustre in them . He would answer Embassadors sometime upon the suddain , either in French or Latin. He could call all Gentlemen of account through his Kingdome by their names . When Ioan Butcher ( a blasphemous Heretick ) was to be burned ; all the Counsell could not procure him to set his hand to the Warrant . Wherefore they employed Thomas Cranmer Archbishop of Canterbury , to deal privily with him for his subscription . But the King remained firm both in reason and resolution , affirming , that he would not drive her headlong to the Devil : but because Hereticks for the most part have a strain of madness , he thought it best to apply her with some corporall chastisements , which with respite of time might happily reduce her to good order . The Archbishop was violent both by perswasions and entreaties , and when with meer importunity he had prevailed , the King in subscribing his name , said , that he would lay all the charge thereof upon the Archbishop before God. Not many years passed , but this Archbishop also felt the smart of the fire , and it may be , that by his importunity for bloud , he did offend , for a good thing is not good , if it be immoderately desired . A Miller who had been busie in rebellion against the King , knowing the danger , willed his man to take the name of the master , if any enquired after him . Sir Anthony Kingston Provost Martiall came to the Mill , and calling for the master , the man in his name presented himself , who strait commanded him to the Gallows ; the servant then seeing the danger of death , confessed he was not the master , but the man. Well , said the Knight , thou canst never do thy master better service , then to hang for him , and thereupon trusted him up in the next tree The Lord Protector in his dayes marcht with a powerfull Army into Scotland , to demand their Queen Mary in marriage to our King , according their promises . The Scots refusing to do it , were beaten by the English in Musleborough fight . One demanding of a Scotch Lord taken prisoner , Now Sir , how do you like our Kings marriage with your Queen ? I alwayes ( quoth he ) did like the marriage , but I do not like the wooing , that you should fetch a Bride with fire and sword . The Kings Uncles , Edward-Duke of Somerset , Protector of his person , Realms and Dominions , and Thomas Lord Seymour Baron of ●udley the younger , high Admirall of England , were both beheaded . Strife between their wives about place and precedency , caused the death of their husbands , and the death of the young King followed speedily after . Sir Thomas Seymour Admirall , and the younger brother , married the Queen Dowager , whose hap it was of all the rest to survive her husband . She contested with her sister in law for priority of place : both were privately encouraged ; neither would give way to the other . The one claimed it as she had been once Queen , the other challenged it as she was the present wife of the Protector . The wives set their husbands at oddes , and their enemies took hold of this advantage . The Admirall was shortly questioned for treason , by consent of his brother condemned in Parliament , and lost his head . In the same moneth was the Protector committed to the Tower by the Lords of the Counsell , and after beheaded . In this Kings dayes , when Bonner was kept in prison , reverend Ridley having his Bishoprick of London , would ●ever go to dinner at Fulham , without the company of Bonners mother and sister ; the former alwayes sitting in a Chair at the upper end of the Table . These guests were as constant as Bread and Salt to the Board , no meal could be made without them . He died in the seventh year of his Princely Government , in the sixth of Iuly , anno 1553. Some write that he was poysoned . The death of this Prince was lamented of all the godly within Europe , for the graces given unto him of God , as well of nature , as of erudition and godliness , passed the measure that accustomably is used to be given to other Princes in their greatest perfection , and yet exceeded he not sixteen years of age . Knoxe his Ecclesiasticall Hist. of Scotland . l. 1. p. 97. I wonder that Doctor Heylin in his Epistle before his Ecclesia Restaurata should say therefore , Whose death I cannot reckon for an infelicity to the Church of England . Cardan made this Epitaph of him . Flete nefas magnum sed toto flebitis orbe Mortales ; vester corruit omnis honos . Nam Regum decus & juvenum flos ; spesque bonorum Deliciae saecli , & gloria gentis erat . Dignus Apollineis lachrymis , &c. It is to this day a question both how this King died , and where he was ●●ried . Queen IANE . The Lady Iane Gray , whom King Edward had declared for his next Successour , was eldest daughter of Henry Lord Gray , Duke of Suffolke , Her mother was the Lady France's daughter ; and in fine , one of the co-heirs of Charles Brandon , the late Duke of Suffolke , by Mary his wife , Queen Dowager to Lewis the twelfth of France , and youngest daughter of King Henry the seventh , Grandfather to King Edward now deceased . She spake the Latin and Greek tongues , with as sweet a fluency , as if they had been naturall , and native to her ; exactly skilled in the liberall Sciences , and perfectly well studied both kinds of Philosophy . She was most zealously affected to the true Protestant Religion , then by Law established . She was urged by her near friends to accept of the Crown . Her Raign was but nine dayes : her life not twice so many years , as she raigned dayes . Ascham , Ann● Maria Schurman , Master Fox , and others , speak of her rare accomplishments . Queen MARY . It is a question much agitated , of the rule of women , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , An licita ? Bodius on Ephes. 5. 22. dislikes it . Bodin de Republica l. 6. c. 5. & method . Hist. c. 6. much opposeth it . He lames us for suffering Queen Mary and Queen Elizabeth to raign , and saith , we violated therein not only the Law of God , but the law of nature and Nations . knoxe also writes against it . Danaeus a French man in his Book de H●mine c. 33. saith , It is lawfull . He quotes A●● . 8. 27. 1 King. 10. and commends the Raign of Zen●b●ia Queen of the Arabians , a●d Elizabeth Queen of England , and Ioan Queen of Navarr , as happy and lasting . There is a choice Manuscript in Arch. in Oxford Library stiled , A dutifull defence of the lawfull regiment of women , written by my Lord Howard . The Suffolk men first resorted to her , promising her their aid and help , so that she would not attempt the alteration of Religion established by her brother , which she agreed unto , but broke her promise , and that Diocess tasted the sharpest persecution under her Raign . So well inclined was she of her self , that had not the zeal of her Religion , and the authority of Church men overswayed her own disposition , the flames of their consuming fires had not mounted so high . She was crowned by Steven Gardiner Bishop of Winchester , the Archbishops of Canterbury and Yorke being then prisoners in the Tower. Within the compasse of less then four years continuance , there died for the testimoniall of their conscience in this case , two hundred seventy and seven persons , without regard of degree , sex , or age . In the heat of whose flames were consumed five Bishops , one and twenty Divines , eight Gentlemen , eighty four Artificers , one hundred Husbandmen , servants , and labourers , twenty six wives , twenty widdowes , nine virgins , two boyes , and two Infants . There being consultation at the Counsel-board what to do with the Lady Elizabeth , Gardiner said , My Lords , we have but all th● while been 〈◊〉 ripping off the leaves , and now and then lopped a branch ; but till such time as we strike at the root of heresie ( meaning the Lady Elizabeth ) nothing to , purpose can be effected . God forbid ( replied the Spaniards ) that our King and Master should once conceive a thought to consent unto such a mischief . They thence solicited the King on her behalf , and he favoured her , and set her free at last . The worst that can be said of her , is this , that she was ill principled , and the best , that she acted according to her principles . Judge Morgan who in her Raign gave sentence of death against the Lady Iane Gray , presently after her death fell mad , and in his ravings continually cried , Take away the Lady Jane from me , and in that horrour shortly ended his life . She was learned . Ludovicus Vives A Spaniard was sometimes her Teacher . He came to England with Queen Kahterine her mother . She lost Calais , which had been a long time before in the possession of the Engllish ; and said if she were opened , they would find that next her heart : pray it was that a paltry Town should lye where Christ should should have lain . At the loss of Calai when a proud French man tauntingly demanded , When will ye fetch Calais again ? An English Captain gravely answered , Qu●ndo peccata vestra erunt nostris g●●vior● , When your sins shall weigh down ours . The Lord Cor●●s Governour of Picardy under the French King said , That he would be content to lie in Hell seven years , so he might win Calais from the English. The keeping of it indeed was chargeable to the English , but yet it was very advantagious to them . While they kept it they had a door open into France upon all occasions , and therefore it is commonly said , That they carried the keyes of France at their Girdles . Of all since the Conquest her Raign was the shortest , only excepting that of Richard the Tyrant , but much more bloudy then was his . She raigned five years , and four moneths , wanting two dayes only . She lieth buried in Westminster without any Monument or remembrance at all . Queen ELIZABETH . She was born at Greenwich on the seventh of September 15●3 . Her father was Henry the eighth King of England , her mother Anne Bulloin , whose love to the pure Religion cost her her life . Amabat Regina puram veràmque Religionem , & haec illi res odium , nox necem peperit . Adolphi à Dans vita Elizabethae . The Archbishop Cranmer her Godfather was every where chary and tender over her , as one that at the Font had took charge upon him to see her educated in all vertue and piety . What Prince was ever more sage in her Counsell , or more solemn in her Government , or more advised in her favours and f●owns ? Dr. Gaudens Eccles. Anglie . Suspiria l. 4. c. 22. Before the age of seventeen years she was skilled in Latine , French , Italian , and in the Greek indifferent well . Neither did she neglect musick , both singing and playing on instruments very sweetly and artificially , for so much as became a Prince . With Roger Ascham who governed her studies , she read over Melancthons common places , Cicero entire , a great part of Livies History ▪ some select Orations of Isocrates ( whereof two she translated into Latine ) Sophocles Tragedies , and the New Testament in Greeke , by which means she both furnished her speech with elegant language , and her mind with wholsome precepts , referring her learning rather to practice and conversation , then ostentation and pomp , yet was she in a manner for learning a miracle among the Princes of her age . In one and the same day she answered three Embassadors of great Princes , the one in Latine , the other in French , and the third in Italian . I have seen a Book ( which is in Sion-Colledge ) wherein divers sentences were turned out of English into Latine and Italian , and some translated out of French by Queen Elizabeth , and written with her own hand , in the life time of her father , and sent to her brother Prince Edward for a new years gift , she being at that time not above thirteen years of age . Abraham Hartwell in his Regina literata written in Verse , speaks of Queen Elizabeths coming and doings at Cambridge . She was honourably received in Kings Colledge , where she lay during her continuance there . At the breaking up of the Divinity Act there , she made within St. Maries Church a notable Oration in Latine , beginning thus , Etsi faeminilis iste 〈◊〉 us pudor , &c. See Dr. Heylins Ecclesia restaurata . p. 163 , 164. Vide Hadriani Juni● Epist. Elizabethae Angliae Reginae inter Epistolas suas . p. 544. She was of personage tall , of hair and complexion fair , and therewith well favoured , but high nosed , of limbs and feature neat , and which added to the lustre of those exteriour graces , of stately and majestick com●ortment . She was crowned in St. Peters Church in Westminster , by Dr. Oglethorp Bishop of Carlisle , according to the Order of the Roman Pontificall . There was great speech of a match between her and a French Mounsieur the Duke of Alencon , of which he had great hopes , being ignorant ( as Bernardine Mendoza wrote from London to the Prince of Parma ) Reginam singulis annis sponsam esse , nunquam vero nuptam , That the Queen was every year a Spouse , but never married . The silencing and ejection of Ministers in her dayes , Reformation being newly begun , and the enemies to it many , the friends and those that faithfully engaged few : was looked upon by the godly prudent of that age , as very unseasonable , because of the scarcity of preachers at that time . Beams of former Light. c. 7. She had so great a command over her appetite , that her brother Edward usually called her by no other name , but his sweet sister Temperance* . She was so far from pressing her Subjects with Impositions , that when the Parliament once offered her a great summe of money , she refused a great part thereof , giving them thanks , and adding withall , that the money was as sure in her Subjects Co●●ers as her own . A Prince above her sexe of a manly courage and high conceit , who lively resembled as well the royall qualities of her Grandfather , as she did his princely presence and countenance , the worlds love and joy of Brittain . A Virgin for the space of fourty four years so ruled the royall Scepter , as that her Subjects loved her , enemies feared her , and every one with admiration honoured her . She was about seventy years old when she died . A most gracious and excellent Prince , worthy of superlative praise for her most wise and politick government of the Commonwealth , and for her heroick vertues far above that sexe . In Queen Elizabeth , besides her sexe , there was nothing woman-like or weak . Sclater . Yet S●nders calleth her Lupam Anglicanam ; Rhiston Leaenam nostram , omnes Athalias , Maachas , Jezabeles , Herodiades superantem . The very Heathen and Mahumetans , the Persians and Idolaters , the Aethiopians and Muscovites do name her with reverence . Balsac in his second Book of Letters , Letter 1. to my Lord Cecil saith , Even he that excommunicated her , spake of herwith honour . Some think my Lord of Essex his death , and the long concealing of the message he sent to her , when discovered , occasioned a deep melancholy first , and after her death . Osborn in his Miscellanies saith , No act of hers was registred so contrary to the grain of her own people , as the death of the Earl. Others say , the death of the Queen of Scots . In her time the pure interest of England was the protection of Protestants , and War with Spain . For her mercifull returning home certain Italians , which were taken prisoners in the eighty eight Invasion , she was termed Saint Elizabeth by some at Venice . One told the Lord Carleton being there Embassadour , that although he were a Papist , yet he would never pray to any other Saint , but the Saint Elizabeth . Mr. Trap on Ezra●c . 1. My Lord Howard in his Manuscript in Oxford Library ( a learned piece worthy to be published ) stiled , A dutifull defence of the lawfull regiment of women , dedicated to Queen Elizabeth , quotes divers Papists commending her . In his Defensative against the poyson of supposed Prophesies , c. 16. he saith thus , When divers ( upon greater scrupulosity then cause ) went about to disswade her Majesty ( lying then at Richmond ) from looking on the Comet which appeared last ; with a courage answerable to the greatness of her state , she caused the window to be set open , and cast out this word , Jacta est alea , The Dice are thrown . Affirming that her stedfast hope and confidence was too firmly planted in the providence of God , to be blasted , or affirighted with those beames , which either had a ground in nature whereupon to rise , or at least no warrant out of Scripture to pretend the mi●haps of Princes . She equalled the best of her Predecessors , and in learned endowments excelled them all . A wise man that was an eye witness of many of her actions , and of those which succeeded her , many times hath said , That a Courtier might make a better meal of one good looke from her , then of a good gift from some other King. The Parliament having been a moneth , Queen Elizabeth sent for Mr. Popham , the Speaker of the House , and asked him , What past since they sate ? He answered , Iust twenty eight dayes . Much might be said of her prosperity . 1. She was advanced to the Regall Throne , from a private and adverse fortune . The more happy was her Government , because it ensued upon the stormy times of Queen Mary . She came as a fresh Spring after a sharp Winter , and brought the Ship of England from a troublous and tempestuous Sea , to a safe and quiet harbour . Though the Author of Ierusalem and Babel saith , she profest her self a Catholick during the Raign of her sister , and speaks of the Duke of Feria's Letter to King Philip yet to be seen ; wherein is certified that the Queen had given him such assurance of her belief , and in particular concerning the point of reall presence , that for his part he could not believe , she intended any great alteration in Religion ; yet I suppose he wrongs her therein , as he doth Dr. Reynolds likewise , in saying , that he framed that combate which he published between himself and Mr. Hart , at his own pleasure . Anti-Sanderus in his second Dialogue saith thus , Non solum nobilium potentissimos , sed & Episcopos omnes , à quorum aliquo juxta priscam Angliae consuetudinem ungi & coronari debuit , factio Pontificia sic abripuerat , ut cam , quod Lutherano dogmate tingi crederetur , solennitatibus illis usitatis decorare ad tempus procacissimè recusaverint . Vide plura ibid. p. 179. Tot magnatibus in Anglia tempore Reginae Mariae deficientibus , animosè perstitere Elizabetha postea Regina , & Johanna Graia . Voet. Sel. Theol. Disputat . part . 3. Her time produced a world of refined wits and excellent spirits , who honoured Poesie with their pens and practice , Edua●d Earl of Oxford , the Lord 〈…〉 H●nry Lord Pa●et , our Phaenix the No le S● Ph●●●ip Sidney , Mr. Edward Dyer , Mr. E●m●nd Spenser , Mr. Samuel Daniel , with sundry others . Peach●ms compleat Gentleman . c. 10. Those were the ablest , and most accomplished , that were tutored by both fortunes . Such was with us , King Henry the seventh ; and with the French , Lewis the twelfth , the former of which excelled in prudence , the other in justice During the Raign of her brother , her estate was most prosperous and flourishing ; during the Raign of her sister , very tempestuous and full of hazard . 2. She was indeed the Queen of Hearts , beloved by her Subjects at home , and honoured by forraign Princes . She came to the Crown with the love of her Subjects , and while she possessed it , they continued their love to her . She was received very lovingly by the City of London the day before her Coronation , as appeared by the Assembly , prayers , wishes , welcomings , cryes , and all other signs , which argue a wonderfull earnest love of most obedient Subjects toward their Soveraign . In her short progresses what flocking would there be of all sorts of people to see her ? and what hearty acclamations would they utter to her , God save the Queen Elizabeth . It is a sign of a happy Raign , ( saith Iohn de Serres in Henry the fourth ) when the Subject rejoyceth to see his King. She would usually reply , God bless you my people all . Her speech to the children of Christs Hospitall as she rode through Fleet-street was , We are Orphans all , Let me enjoy your prayers , and you shall be sure of my assistance . Engl. Elizab. p. 186. In her speech to her last Parliament the third of November 1601 , she hath this passage . To be a King , and wear a Crown , is a thing more glorious to them that see it , then it is pleasant to them that bear it . Though you have had and may have many mightier and wiser Princes sitting in this Seat , yet you never had nor shall have any that will love you better . See more there . She had an extraordinary Majesty of aspect , joyned with a sweetness , a most happy and constant healthfulness of body . Illud sane non indignum memoratu , quod tota vitae tempore valuit pancraticè . Adolphi à Dans vita Elizabethae . She was , and was so reputed by strangers of all the Princes of her time , the most exact observer ( both for action and ceremony ) of true Regall deportment and magnificence . She was pious and constant in Religion . She was very frequent in the reading of the Scriptures , and writings of the Fathers , especially of St. Augustine . She composed certain prayers her self upon emergent occasions . Whensoever she named God , though it were in common discourse , she would for the most part adde the title of Maker , saying , God my Maker , and compose both her eyes and countenance to a submisness and reverence . Although she found the Romish Religion confirmed in her sisters dayes , by Act of Parliament , and established by all strong and potent meanes that could be devised , and that all those which had any Authority , or bare Office in the State , had subscribed to it ; yet because she saw it was not agreeable to the Word of God , nor to the Primitive purity , nor to her own conscience , she did with a great deal of courage , and with the assistance of very few ▪ persons , quite expell , and abolish it . Within the compass of one year , she did so establish and settle all matters belonging to the Church , as she departed not one hairs breadth from them , to the end of her life . In the years of her life she went beyond all her predecessors since the Conquest , and in the length of her Raign , she exceeded all but only two , Henry the third , and Edward the third . There was almost no memorable Act in Christendome , for the space of forty years of her time , wherein she had not some part of Princely deserving . Levers History of the Defenders of the Catholick faith . Rare , in all ages , hath been the Raign of a woman : more rare the felicity of a woman , in her Raign : but most rare , a permanency and lasting , joyned with that felicity . A great French Lady ( mother to the Duke of Guise ) said , that Elizabeth of England was the most glorious and happy woman , that ever swayed Scepter . Her days are not to be passed over slightly , without one touch upon that string which so many years sounded so sweetly in our ears , without one sigh breathed forth in her sacred memory . She was wonderfully preserved from twenty conspiracies at home ; and forraign invasions . She was happy in the abilities of her servants , many grave Counsellors , and martiall Commanders . The Coyn was pure in her dayes , and Religion was in great purity . She was admirable in expressing her mind both by speech and writing : and if collection could be made of her Apophthegmes and extemporall Orations , it would certainly excell any thing extant in that kind . King Henry the fourth of France in a Letter to Mounsieur de Rosny , Duke of Sully , commends her In imitation of her Father Henry the eight , she did admit none about her for Pensioners , Privy-Chamber-men , Squires of the body , Carvers , Cup-Bearers , Sewers , but persons of stature , strength , and birth . Her Guard , Ushers , Porters , and all attending below stairs , were of no less extraordinary size , than activity for shooting , throwing the Barre , weight , wrestling . Elizabeth was tempered to inherit her Grandsires wisdome , and her fathers spirit . Dr. Holiday his Survey of the world , Book eighth . Paulet Marquess of Winchester , and Lord Treasurer , having served then four Princes in a various and changeable season , that time nor any age hath yeelded the like president ; this man being noted to grow high in her favour ( as his place and experience required ) was questioned by an intimate friend of his , how he stood up for thirty years together amidst the changes and Raigns of so many Chancellours , and great Personages ? Why ( quoth the Marquess ) Ortus sum ex salice , non ex quercu , I was made of the pliable Willow , not of the stubborn Oak . Sir Robert Nauntons Fragm . Reg. Her clemency also was singular . Though she was harshly used by Sir Henry Beningfield , when she was prisoner at Woodstocke , yet when she came to the possession of the Crown , she never proceeded further , then to discharge him of the Court , which many thought was the thing that pleased him best . At whose departure from her presence , she used only these words , God forgive you that is past , and we do , and if we have any prisoner whom we will have hardly handled , and straightly kept , then we will send for you . Whilest she was in her vigorous years , if at any time she were moved to declare her Successour , she would make answer , That she would never endure to see her winding sheet before her eyes . She behaved her self so warily , as not to come within the danger of the Laws , for acting any thing in opposition unto that Religion which was then established . Concerning which there goes a Story , that when a Popish Priest had urged her very earnestly to declare her judgement touching the presence of Christ in the blessed Sacrament ; she very cautelously resolved the point in these following Verses : 'T was God the Word that spake it , He took the bread and brake it , And what the Word did make it , That I believe and take it . But all this Caution notwithstanding , her aversness from the Church of Rome , was known sufficiently not to be altered while she lived . Dr. Heylins History of Queen Elizabeth . At her entrance to her Raign , she sent to her Agent in the Court of Spain , to represent unto King Philip the second , the dear remembrance which she kept of those many humanities received from him in the time of her troubles . Yet afterward , some of our own and some forraign W●iters taxe her of too much unkindness toward King Philp , to whom she had been so much obliged . The ground of his Invasion in eighty eight , was the divers indignities he received from Queen Elizabeth , though ever since the death of Queen Mary , he forbore to do any thing that might displease her . During his abode in England , he had done her such signall and high savours , as to preserve her head from the Scaffold , to have her allowance enlarged , to divert her Sister from a design she had to send her beyond Sea to be a 〈◊〉 , and at his departure from England , he desired not to carry with him but one Ring of a hundred pound price . He shewed no small love also in comprehending the su●rend●y of Calais to the English , in his Treaty of peace with France . The Queen assisted Don Antonio the Bastard against him , about the title of Portugall , fomented his own naturall Subjects against him , in the revolt of the confederate Provinces , so far as to send a Governour of her own amongst them . She gave Commissions to rob him in the Indies . She intercepted some of his treasure in her own Seas going to Flanders , and wronged some of the Hans Towns , who were under his protection . These with sundry incitements more , caused Philip to prepare this powerfull Fleet , to be quit with her at once for all scores . Howels History of Naples . But it may be said in her defence , that th●e King of Spain did stir up the Irish against her , and did also encourage such Traytors , as conspired against her in England . Sir Francis Drake ( who was Captain of the Iudith with Sir Iohn Hawkins , in the voyage of Guiny 1567 ) received together with him considerable dammage and injuries from the Spaniard , in the Port of St Iohn D' Vll●a of the West Indies , contrary to promise and agreement with him , and therefore what he did against the Spaniards , was to repair himself . At the beginning of the Netherlanders troubles , she imparted unto the King of Spain sincere advice , not to hold a heavy hand over that people , which he rejected and contemned . Her Majesty nevertheless gave not over her honourable resolution , which was , if it were possible , to reduce and reconcile those Countryes unto the obedience of the King of Spain ; if not , yet to preserve them from alienating themselves to a forraign Lord : and so continued to mediate unto the King for some just and honourable capitulations of grace and accord . Which course she held untill the death of the Duke of Anjou , at which time the enemy pressing them , the united Provinces were received into her Majesties protection : which was after the King of Spain had discovered himself an unplacable Lord to them : and also a professed enemy unto her Majesty , having already actually invaded Ireland , and designed also the invasion and conquest of England . Gabriel Powell his refutation of an Epistle apologetically written by a Puritan Papist , to perswade the permission of the promiscuous use and profession of all sects and heresies . c. 9. p. 98. Trading was much promoted in her time . By her intercession the Turk gave way to the English trading in Turkie , whence the Company of Turkish Merchants . The Great Duke of Russia also much respected her , and the English for her sake . England was much adorned with building in her time . Plures & nobilium & privatorum villae , elegantia , laxitate , & cultu conspicuae , jam passim in Anglia surgere caep●runt , quàm alio quovis seculo , magno sanè regni ornamento , verùm hospitalis gloriae detrimento . Camd. Annal. She was very sparing in bestowing Honours , for in twelve years she made but four Barons . She made Westminster Abbey ( famous for the Coronation and sepulture of our Kings of England , and for the keeping of the Insignia Regalia ) a Collegiate Church , where there is a Dean , twelve prebends , a Schoolmaster and Usher , forty Scholars called Kings Scholars , ( out of which some are chosen yearly to both Universities ) Servants , Choristers , and twelve Almes-men ; as Camden in his Annals shews . Being near her end , she declared Iames King of Scotland to be her Successor , so Camden and Du Chesne , and Iohnston in his Historia Britannica . Sir Francis Walsingham her Secretary died poor ; he left only one daughter which married Sir Philip Sidney , and after the Earl of Essex . When she was near death , Whitgift Archbishop of Canterbury came to her , and spoke much of the redemption of mankind , of the resurrection of the body , and immortality of the soul ; to whom she answered with great tranquility and constancy , that she desired to be soon dissolved , and to be with Christ. She having setled her Dominions in peace , died in the year 1602 , the twenty fourth of March , the sixty ninth of her age , and of her Raign the forty fourth . CHAP. XX. IAMES the first King of Great Brittain . THe Tudors breathing out their last in excellent Elizabeth , Stuarts take their turn by an unquestionable title . 1. Iames the first of England , but sixth of Scotland . 2. Charles the first of England . It may seem * wonderfull , that there was no commotion at all upon the Queens decease , that he came to the Crown here so peaceably , without any opposition . He caused himself to be stiled King of Great Brittain , to prevent difference between the two Nations , one of which else would have preferred England in his title , and the other Scotland . The name of Brittain continued to be the name generally of the whole Island , but more specially of the parts of England and Wales , ever since before the invasion of the Romans . King Alfred was entituled , Governour of the Christians of all Brittain . King Edgar was stiled Monarch of all Brittain ; King Henry the second was entituled King of all Brittain . King Iohn had his Coyn stamped with this Inscription , Iohannes Rex Britonum . Walter sirnamed Banguho ( according as his father was ) returning into Scotland , fought valiantly for his King , against the Islands , Rebels , and the Savages of Scotland . In recompence of his extraordinary vertue , he was made Great Provost and Treasurer of the houshold Royall , which the Scots signifie by the name of Stuart or Steward . He so faithfully discharged the trust reposed in him , without the least reproach or wasting of the Kings Moneys , that the sirname of Stuart was imposed on him , and given also to his posterity . This was the original of the Illustrious Family of Stuart . From this Walter descended that Robert Steward , who was after in right of his wife King of Scotland , since which time there have been successively nine Soveraigns of that name in Scotand . Margaret eldest daughter of King Henry the seventh , and Elizabeth his Queen , was twice married in Scotland , first to King Iames the fourth , then to Archibald Douglas Earl of Angis ; her son by the King was King Iames the fifth , our King Iames his mothers father , her daughter by the Earl was Margaret Countess of Lennox , our King Iames his fathers mother . David Bruse King of Scotland being dead without issue of his body , Robert Steward his sisters son , by the generall consent of all the Estates , was crowned King of Scotland , in the year of our Lord 1370. This family hath ever since born the Crown of Scotland , even unto this day . King Iames united both the Kingdomes of England and Scotland , and testified this conjunction in the Money that was coined , both silver and gold with these words , Quae Deus conjuxit , nemo separet , and also , Tueatur unita Deus . The twenty shillings pieces had this Inscription , Faciam eos in gentem unam ; other golden Coines had these words , Henricus rosas , regna Iacobus . He was born in the Palace of Edinborough on the nineteenth of Iuly , anno 1566 , and solemnly crowned King of the Scots on the same day of the Moneth , anno 1567 , and joyfully received to the Crown of England on the fourteenth of March 1602. He had a great dexterity in discovering an imposture , and a marvellous sagacity to discuss natural things . He detected the forgery of Richard Haydock a Physitian , pretending to preach at night in his sleep , who acknowledged his forgery to the King. It was his custome to discourse during Meals with one or more Divines , concerning some point of controversie in Philosophy . There was a Conference or Disputation at Hampton Court before him . Some of our Divines taxe Dr. Barlow Dean of Chester , for a partial Penman of that Conference . See Mr. Ley his Discourse of Disputat . concerning matters of Religion , c. 4. p. 46. Besides the relieving by Pensions all the poorer sort , he hath honoured more Martial men , than all the Kings of England have done for this hundred years . Had his Apothegmes or wise speeches ( and also Queen Elizabeths ) been collected by a skilfull hand , I suppose they would have been very usefull to the publick . There is one that hath written a Book in Latine of Favourites , where I think my Lord Car the Earle of Somerset , & the Duke of Buckingham are reckoned for the English Favourites , the later of which was in great favour both with the Father , and Son , King Iames , and King Charles . Vossius in his Preface to his Book de Arte Grammatica ( if I forget not ) much commends King Iames. Isaac Causabone that famous Schollar , was much respected and encouraged by him . He was both a wise and learned Prince of disposition merciful and gracious , a great seeker of peace , according to that Motto which he ever used , Beati pacifici . In the stile of the Court he went for Great Britains Solomon ; nor is it any excursion beyond the precincts of verity to say , that neither Britain nor any other Kingdome whatsoever , could ever since Solomons dayes glory in a King ( for recondite learning and abstruse knowledge ) so near a match to Solomon as he , Mr. Rushworths Historicall Collections . 23. Iacobi . p. 161. He was compared to Solomon in severall respects , by Bishop Williams in his Funerall Sermon on 1 King. 11. 41 , 42 , 43. Archbishop Spotswood saith , he was the Solomon of this age , admired for his knowledge of all manner of learning . Hist. of Scotland . l. 7. His Works shew his great learning , especially his * Basilicon Doron , or Kingly gift . It cannot be said , how well it was accepted in England , and what admiration it raised in all mens hearts of him , and of his piety and wisdome . Certain it is , that all the Discourses which came forth that time , for maintaining his right to the Crown of England , prevailed nothing so much as did that Treatise . Spotsw . Hist. of the Church of Scotland . l. 6. Iustinians Institutes , Caesars Commentaries , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are prized for their Authors , as well as matter . He had such a promptness in expr●ssing his mind , that his extemporall s●eeches were little inferiour to his premeditated writings . His invention was as quick as his first thoughts , and his words as ready as his invention . I' advouois franchement de n' avoir Iamais veu Prince dont la sincerité , la prudence & l' equaunimité meritast plus de gloire & de louanges . Que l' ayant tonsiours trouné d' un courage urayement Royal & tout genereux & d' un esprit plus intelligent , plus vif , plus penetrant & plus judicieux que nul de son Conseil , I' avois aussi tonsiours passionnement desiré de terminer & conclurre avec luy les affaires & non avec eux . Memoires de Mounsier de Rosny . Duc de Sully . Tom. 2. p. 141. He was a good Poet. A very good Horseman . He had such a fashion in riding , that it could not so properly be said he rid , as that his Horse carried him , for he made but little use of his bridle , and would say , a Horse never stumbled , but when he was reined . He was a great lover of quiet , and much given to hunting , and to his Book , and wholly fixt in Warring by writings with the Church . Bentivoglio his History of Flanders part 3. l. 8. See his Relation of the united Provinces of Flanders c. 3. In his apparrell and civill garb , he seemed naturally to affect a majestick carelesness , in his pecuniary dispensations to his favourites , he was excessive liberall . King Iames being invited in a hunting journey , to dine with Sir Thomas I. of Barkshire , turning short at the corner of a Common , happened near to a Countryman , sitting by the heels in the stocks , who cryed Hosanna unto his Majesty , which invited him to ask the reason of his restraint ? Sir Thomas said , It was for stealing a Goose from the Common . The fellow replyed , I beseech your Majesty be judge who is the greater thief , I for stealing Geese from the Common , or his Worship for robbing the Common from the Geese ? By my sale Sir ( said the King to Sir Thomas ) I 'le not dine to day on your dishes , till you restore the Common for the poor to feed their flocks . Which was forthwith granted to them , and the witty fellow set free . He spake broad in the Scottish tone and dialect . Sir Kenelme Digby ( in his Discourse touching the cure of wounds by the powder of Sympathy ) saith , he had a strange antipathy to a naked sword , of which he there ascribes the cause . He alleadged this reason to an English Divine , wherefore the Scottish Church was never troubled with heresie ; for if ( said he ) it sprang up in a Purish , there was an Eldership ito● suppress it ; if it had escaped them , the Presbytery was ready to crush it ; if the Presbytery should be negligent , than the Synod would oppose●it ; if it had not been by them suppressed , the Generall Assembly would take strict order concerning it . Philip de Mornay Lord of Plessis often complained , that the King of England was too much taken up with some petty differences amongst his own , but was not carefull enough to heal the deep wounds and breaches which were in the Church . Yet his sending certain select and worthy Divines to the Synod of Dort , to compose the unhappy differences then in the Law Countries , and his causing the Bible to be translated into English by judicious Divines , and set forth more exactly than formerly it had been done , were noble works . He had two sons , Prince Henry , and King Charles , and one daughter that lived , the Lady Elizabeth Queen of Bohemia . The order of Knight Baronets was instituted by him , they must be Gentlemen of three descents , and should be worth a thousand pounds per annum , the number to be installed was not to exceed two hundred . I may for his learning , and respect to the learned , his eloquence , and his profound questions at meals , compare him to Charles the Great , of whom Eginhardus de vita & gestis Caroli Magni . Inter caenandum aut aliquod acroamia , aut lectorem audiebat . Legebantur ei historiae , & antiquorum Regum gesta . Delectabatur & libris S. Augustini , pr●cipuè iis quos de civitate Dei inscripsit . Erat eloquentia copiosiu & exuberans , poterátque , quicquid vellet apertissimè exprimere . Artes liberales studio sissimè coluit , earúmque doctores plurimum veneratus , magnis afficiebat honoribus . Vide plura ibid. The Moneth of November is memorable , for the seventeenth 1558 , the initiation of Queen Elizabeth , in which the purity of the Gospel brake forth ; and fifth in King Iames his Raign , in which the treachery of the Gospels enemies brake out . Dr. Heylin in his Historia Quinqu-Articularis c. 22. saith , it was an usuall practice with him in the whole course of his Government , to ballance one extream by the other , countenancing the Papists against the Puritan * , and the Puritan sometimes against the Papist , that betwixt both , the true Religion and professors of it might be kept in safety . But in the Epistle of his Book to his Son , he shews what he means by Puritan . He died at Theohalds in the year 1625 , the twenty seventh of March , the fifty ninth year of his age , having raigned over all Great Brittain twenty two years compleat . CHARLES the First , the second Monarch of Great Brittain . He was born November the nineteenth , anno Dom. 16●0 , at Dun-fermling in Scotland . He was the third son of Iames the sixth King of the Scots , and of Anne his wife , daughter of Frederick the second , and sister of Christian the fourth , Kings of Denmarke . He was comely of person , very active , temperate , chaste , mercifull . He was thought to be the best mark-man , and the most comely manager of a great Horse , of any one in all the three Kingdomes . Of his lawfull descent to his Crown and Kingdomes , from all the Kings of this Nation , See Flemings Royall Progeny . He was crowned on the second of February at Westminster , in the year 1626 , by Dr. Abbot Archbishop of Canterbury . He was rather slow than fluent in his words , as well by grace , as a naturall imperfection ; yet he was pithy , pathetick , and sententiou in his expressions . What the Brittains lost to the Saxons , they to the Danes , and the Norman got from both , was his birth-right , besides the Kingdomes of Scotland and Ireland , and Principality of Wales , additions to the Normans Conquest . Shortly after his Coronation he was married to the Lady Henrietta Maria , younger Daughter to Henry the fourth King of France , by whom he had seven Children , four Sons , and three Daughters . He improved himself much by his travels , and was generally liked in Spain . When he was there , Archee the fool came boldly to King Iames , as he found him once in a good humour , and told him that he was come to change Caps with him . Why , said the King ? Marry , sayes Archee , because thou hast sent the Prince into Spain , from whence he is never like to return . But said the King , What wilt thou say when thou seest him come back again ? Marry , sayes Archee , I will then take off the fools Cap which I put upon thy head , for sending him thither , and put it on the King of Spains , for letting him return . At which words , it is reported , that the King became exceeding pensive , never before so much apprehending the danger of that adventure , as then and afterward he did . For his being a Papist , though it be charged by some of his enemies , yet I suppose there is little ground for it , as his manifesto at the beginning of the English and Scotch Presbytery shews . Therefore Mr. Baxter in his Key for Catholicks c. 45. hath vindicated him from this aspersion . His own Letters to the Queen taken at Naseby * , and his counsell to the Duke of Glocester , to obey the Queen his mother in all , but what related to Religion , sufficiently confute this calumny . In the year 1618 , King Iames published a Declaration , tolerating sports on the Lords day . It was so much disliked , as it was soon after called in . It was after revived and ratified by King Charles . L'estrange saith , there was not any one Royall Edict , during all King Charles his Raign , resented with equall regret . It was his custome in his youth , for refreshing his mind , and the confirming of his health , almost every week to hunt the Harts and Does . In the three summer moneths he hunted the males , being fat and pleasant to eat ; in the like space of time he hunted the females . There was one Robert Par of Shropshire , aged 152 , who lived in the Raign of ten Kings , and being brought up to London by the procurement of the Earl of Arundell , died here , and lyes buried in Westminster Abbey . Constat ▪ quot generationes Carolingorum Johannes de Temporibus trisecli-senex superavit : & ille nuper Anglus sub ▪ Edoardo 4. natus , sub Carolo denatus qui novem vel decem Regibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fuit . Hornii Dissertatio de aetate mundi c. 6. Never was there in this Isle a Scene of Justice more magnificent reared for any Subject , than that for the Earl of Strafford . Scaffolds were erected on either side of Westminster Hall , there the Commons sate uncovered , and in the midst of the lower ascent the Peers ; behind , but raised above them , there was placed a Chair and Cloth of State for the King , on either side whereof was a close Gallery for the King , Queen , and Prince to be private , sutable to the ancient mode . Which triall of his , if we consider all things , the high nature of the Charge against him , the pompous Circumstances , and stately manner of the triall it self , the time that it lasted , and lastly , of what moment and consequence the success of it must prove , I may safely say , that no Subject in England , and probably in Europe , ever had the like . Mr. May his History of the Parliament of England l. 1. c. 8. See more there . Sir Thomas Roe was Chancellor of the most noble Order of the Garter , and of King Charles his Privy Councel , and severall years Embassador to the Great Mogor , Great Turk , King of Sweden , and lastly , to the Princes of the Protestant Union in Germany . Iohn de Montreul a Parisian , was he , that thinking thereby to do some good office to the King of England , negotiated that he might be put into the hands of the Scots . This unfortunate Prince ( of whom he hath since given this testimony , that he never saw a man of greater spirit and more vertue ) delighted often to discourse with him , and expressed a great deal of affection to him . I learned from a friend of mine , to whom he told it himself , that he made use of a secret , which the King of England had taught him in the long conferences which they sometimes had together . 'T was a certain powder , very rare , which being cast on the paper , made that which was before-hand written there with a white liquor , to appear , which without that , was wholly imperceptible . His Majesty had a fine stroke with his pen , which he practised at all times of leasure . By which means he became Master of a pure and elegant stile , as both his intercepted Letters , and those to Mr. Henderson at Newcastle in the point of Episcopacy , and his Book entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the Pourtraiture of his Sacred Majesty in his solitudes and sufferings , do most clearly evidence . Which Book is put into Latine by Dr Earle . At King Iames his Funerall , he attended the Herse , as the chiefest mourner ▪ an action laudable , and deserving better interpretation than some make of it . He shewed great patience in his sufferings . It argued a charitable temper in him , in pardoning his enemies when he died , and praying for them , and charging the Prince his eldest son to pardon them also . He was the hundred and tenth Monarch of that line , that swayed the Scepter of Scotland successively . Bishop Bramhall his Answer to Militiere his Epistle . His Works are all in two Volumes , Reliquiae Carolinae , and Bibliotheca Carolina . The Arsenals , Store-houses , and Ship-docks erected by him , are so magnificent and universally usefull , that they are become a principall pillar of the Nations support , so far as they relate to the Navall defence of it , and affords variety of imployment , by the manufacture of Cordage , as also by the car●ening and building of Ships . The latter end of his life ( by reason of the Civil broyls ) was troublesome and painfull , as the Book stiled Iter Carolinum shews . Lewis the thirteenth , the last King of France , spoke ofttimes of the troubles of Great Brittain in his sickness , and once he was over heard to say , that it was a just judgement , because his brother of England would have assisted his Subjects once against him . Mr. Howels Corollary to the life of Lewis the thirteenth . In his March after Essex to the West , it happened that one of his Carriages brake in a long narrow Lane , which they were to pass , and gave his Majesty a stop , at a time of a great showr of rain , which fell upon him . Some of his Courtiers and others which were near about him , offered to hew him out a way through the hedges with their swords , that he might get shelter in some of the Villages adjoyning , but he resolved not to forsake his Canon upon any occasion : At which when some about him seemed to admire & marvel at the patience which he shewed in that extremity , his Majesty lifting up his Hat made answer , That as God had given him affliction to exercise his patience , so he had given him patience to ●ear his afflictions . Mr. Fords Panegyrick on King Charles the first . Let his Conference with the Marquess of Worcester , the Papers which passed betwixt his Majesty and Master Henderson , and those others with the Ministers in the Isle of Weight , testifie how great a Master he was of reason , how well read in the Fathers , the Councels Ecclesiasticall History , and the customes of the Church in all ages . Id. ib. He made an admirable Anagram of himself , the day before his death , Carolus Rex ; Cras ero lux . Id. ib. His death ( saith the Author of the Additions to Bakers Chronicle ) was strange and unparalleld . We may read ( saith he ) of many Kings who came to violent ends , but never any that was so formally and solemnly first tryed for his life , and then judicially executed in publick by his own Subjects . Mr. Love in his Vindication of the London-Ministers , against Price his Clerico-Classicum , pag. 36. gives good reasons against putting the King to death , and saith , He was the first Protestant King in the world , so put to death by his own Subjects . pag. 55. he saith , He could produce multitudes of Protestant Divines , against the cutting off the Head of our King in particular , as the Ministers beyond the Seas , the Ministers of Scotland , the Ministers of Essex and Lancashire , and of many other places of the Kingdome , besides the London - Ministers , who unanimously declared their abhorrency of that horrid fact , of taking away the life of the King. pag. 59. he saith , That there is no president in all the Scripture , that the Sanhedrim of the Jewes , or Rulers of Israel , did ever judicially arraign and put to death any of the Kings of Judah , or Israel , though many of them were most gross Idolaters , and tyrannous Princes , who shed much innocent blood , and o●pressed the people sundry wayes . This notwithstanding , another Divine of our own hath presumed to publish a Defence of the Sentence passed upon the late King. He quotes Gen. 9. 6. Exod. 21. 12. Lev. 24. 17. Numb . 35. 30 , 31 , 33. Prov. 28. 17. and Mat. 26. 52. to prove the lawfulness of it . That private person which sheddeth mans bloud wilfully , by man , that is , by the * Magistrate ( whose power is here stablished , saith Ainsworth , for killing all wilfull murtherers ) shall his bloud be shed . And this ( saith Ainsworth there ) accordeth with the Law , Numb . 35. 29 , 30. but private men may not use the sword , Mat. 26. 52. Rom. 13. 4. I have read that place Matth. 26. 52. strongly urged by some , against Subjects taking up Arms against their Princes , but never this way before . These Scriptures ( though he think them of so express a tenour , of such a pregnant import ) I conceive make little for the purpose he alleadgeth them . When I consider with my self how many of note this Divine hath written against , and what paradoxall ( if not heterodoxall ) tenets he hath often laboured to maintain , sometimes against the determinations of a Parliament rightly so called , I wonder at that passage of his near the conclusion of his Novice-Presbyter instructed . The great knower of hearts , and searcher of the reins , in whose presence I write , knoweth , that if himself would be pleased to discharge me of the service of contradicting and opposing men , and dispose of me in a way of retirement , were it never so private and obscure , where I might only contest with my own weakness and errors , he should give me one of the first-born desires of my soul in the things of this life , into my bosome . He may do well to weigh those places , Exod. 22. 28. 1 Sam. 26. 9. Prov. 24. 21. Eccles. 10. 20. The Greek word for King , notes him that is the stay or foundation of the people . He is called 1 Pet. 2. 13. the Supreme , or Superiour . The Greek word signifies one that hath above others , in matter of Authority and Supremacy . The Generals Commission , the Covenant , the Parliaments Declarations and Engagements both to the King and Scots , were for the preservation of the Kings person . Even Mr. Goodwin in his Anticavallierism● , and Mr. Burroughs in his Lord of Hosts , though they justified the Warre ; yet they shewed their dislike of any injury to the Kings person . I may justly vindicate the Parliament of England , from having any hand in this abominable action . Nunquam in te peccavit Britannia tua , sed nec in Parentem : sola colluvies illa de formis nefariorum t●nebrionum haec cuncta execranda procudit . D. Creyghtoni Dedic●t . hist. Concilii Tridentini . Some object , that every Monarch hath his power from the consent of the whole body ▪ therefore the whole body hath a power above the power of the Monarch ; and to this purpose they alleadge that Maxime , * Quicquid efficit tale est magis tale , ( All Government ( they say ) is for the good of the governed ; and Salus populi suprema lex . ) That Maxime even in naturall causes is subject to divers restrictions , and it holds not in this particular ; The Guardian is for his sake that is under age , yet he hath power over him . Of the right interpretation of the other Maxime , Salus populi suprema lex , See Dr. Sanderson de Obligat . Consc. Praelect . 9 , & 10. Not that Prince which is most potent over his Subjects , but that Prince which is most potent in his Subjects , is truly potent , witness that incomparable Princess of happy memory , Queen Elizabeth . It was also our King Charles his own Golden Maxime , The peoples Liberty strengthens the Kings Prerogative , and the Kings Prerogative is to defend the peoples Liberty . Let us leave the Doctrine of King-killing to Mariana the Iesuite to defend , and the perpetration of such a horrid act , to Ravilliac , and such monsters of men . Of Marianas Doctrine , and of the Iesuites opinion of the lawfulness of deposing Princes that are hereticall , See in Dr. Taylors collection of Polemicall and Morall Discourses , his Sermon preached upon the fifth of November on Luke 9. 54. I shall close up all with Davids patheticall speech , 2 Sam. 1. 20. Tell it not in Gath ; publish it not in the streets of Askelo● : lest the daughters of the Philistims rejoyce , lest the daughters of the uncircumcised triumph . As I have severall times in the Parliament , so I thought sit here , to give in my testimony against that unsound opinion , and abominable practice . Had I been sooner freed out of the Kings-head in the Strand , ( where I with many other worthy Secluded Members , were confined for not going along with the rest of the House , in their intended evill designe , ) I had published a Treatise against King-killing , ( which I had formerly composed ) before that Fatall stroake . Finis . Errata . PAge a line 15. read Hervord . p. 3. l. 22. Ethelbald . p. 4. margin , Histoire d' Angleterre . p. 9 l. penult . & ult . r. Aidan & p. 10. l. 4. p. 9. l. 9. r. Oswalstre . p. 16. marg . l. 10. r. nami illi argentei . & l. 11. r. pontificius quaestor . l. 11 , & 12. dele qui publicé bonas artes profiterentur , quô multi doctrina clari confluérunt , docendi gratta . p. 20. marg . dele Vid Asser , &c. p. 29. l. 9. r. sica . p. 28. l. penult . r. upon a. p. 34. l. e 30. r. this . l 31. r. all . p. 44. marg . l. 20 , 21. r. ipse suae . p. 51. l. 4. r. He refused . p. 61. l. 36. r. cotraderet . p. 68. marg . l. 20. dele non . p. 73. marg . l. 1. r. plerisqué . p. 81 l. 15. r. one , one , one , &c. p. 85. l. 29. r. of . p. 90. l. 21. r. Cyrus . p. 95. marg . l. ult . r. loquentem . p. 106. marg . l. 8. r. Episcopus . p. 116. m. l. 11. r. Polyd. p. 111. l. 14. r. Civilis . p. 129. l. 6. r. Westminster . An Alphabeticall Table , expressing or pointing to the chief things contained in this Treatise . A ALfred his severall Names page 20 The first annointed King of England , ibid. His Vertues , p. 20 , 21 , 22 , 23 , 24 , 25 , 26 Arthur King and Prince , p. 154 , 155 B Bastards many of them famous , p. 56 Benevolence by whom that Tax was devised , p. 156 Black Prince a valiant person why so called , p. 113 , 115 Bush : Why Henry the 7th bore the Hawthorn-Bush with the Crown in it , p. 151 C Canutus , p. 42 , 43 , 44 , 45 Magna Charta often confirmed , p. 111 City of London gives the Dagger for its Arms , and why , p. 100 D Danes long molested England , p. 37 , 38 , 47 E Edgar , p. 33 , 34 , 35 , 36 , 37 , 38 Edward the elder , p. 27 More Kings of England of that name than of any other name , p. 27 Edward the Confessor , p. 48 , 49 , 50 , 51. Edward the first , p. 98 , 99 , 100 , 101 , 102 , 103 , 104 Edward the second , p. 104 , to 109 Edward the third , p. 109 , to 117 Edward the fourth , p. 136 , to 146 Edward the fifth , p. 146 , 147 Edward the sixth , from p. 170 , to 178 Egbert , p. 15 , 16 England five times plagued by other Nations , p. 14 Called so first by Ethelbald , p. 11 , & 18 Ethelbert , p. 7 , & 18 Ethelred , p. 10 , 18 , 19 Ethelwolfe , p. 16 , 17 Ethelston , p. 28 G The order of the Garter instituted by King Edward the third , p. 115 , 116 The King of Heralds called Garter , ordained by Henry the fifth , p. 132 Guild-Hall in London in what Kings raign erected , p. 128 H L. Hastings a speciall judgment on him , p. 149 Harlos , whence , p. 55 Hengist , why so called , the first Monarch of the English , p. 4 , 5 The Heptarchy of the Saxons , p. 2 , 3 Henry the first , p. 73 , to 81 Henry the second , p. 84 , to 86 Henry the third , p. 94 , to 98 Henry the fourth , p. 122 , to 129 Henry the fifth , p. 129 , to 134 Henry the sixth , 134 , to 139 Henry the seventh , p. 150 , to 160 Henry the eighth , p. 160 , to 170 Humble King rare , p. 10 Humphrey Duke of Glocester , learned himself and was a great Benefactor to the Vniversity of Oxford , p. 123 I Queen Jane , p. 178 , 179 Jests , witty and merry speeches , p. 21 , 29 , 35 , 81 , 92 , 158 , 163 , 165 , 166 , 167 , 175 , 176 , 185 , 188 , 207 , 211 King John , p. 93 , 94 Ironside , why so called , p. 40 A stout Judge , p. 124 , 125 , 126 K Kings-Evil when first cured in England , p. 51 King of Heralds ordained by whom , p. 132 L Laws , the best made in the time of Richard the second and Henry the seventh , p. 148 , 155 , 956 M Queen Mary , p. 179 , to 183 Murder punished remarkably , p. 149 , 150 N Neote , me of the first Divinity-Readers in Oxford , p. 17 Normans what , p. 53. We re-received our Laws and names of sports from them , ib. p. 54 O Offa first gave the Peter-pence to Rome , p. 12 Offas Church , aud Offas Ditch . ib. Oswald , p. 9 Oswy , ib. p. 9 , 10 P Parliament , the first in the raign of Edward the third , p. 111 Parliamentum bonum , ib. Parliamentum indoctorum , p. 122. Insanum Parliamentum , p. 96 Plantagenet , whence , p. 84 Q Vertuous Queens , p. 98 , 178 , 179 , 183 , to 200 R Richard the first , p. 89. 90 , 91 , 92 Richard the second , p. 117 , to 122 Richard the third , p. 146 , to 150 Rosamand what it signifies , p. 86 , 87 The comely riding of women when it began in England , p. 120 S Saxons a warlike people , p. 12. They gave names to many Cities , Towns , Rivers , Woods , Fields in Engl. ib. Why Saxon Princes had their Name from a Horse , and gave a Horse for their Escucheon , p. 4 , 5 Schola Salernitana , dedicated to Robert Son to William the Conqueror , p. 67 , 68 Stephen , p. 82 , 83 Stuart , whence , p. 200 T Thong Castle , why so called , p. 4 Tudors why so called , p. 150 , 151 V Great Victory of the English over the French , p 112 , 113 University Colledge in Oxford , founded by King Alfred , p. 22. There are his Armes in the Hall , p. 25 W Earle of Warwick , a person of great power in Edward the fourths reign . p. 200 Women , whether the Rule of Women be lawfull , p 179 William the first , p. 54 , to 66 William the second , p. 66 , to 73 Wolves how destroyed in England , p. 34. Wicklef in the Reign of Edw. the third , p. 116 Y Yeomen of the Guard instituted by Henry the seventh , p. 151 FINIS . Notes, typically marginal, from the original text Notes for div A50052-e110 Beda to King Ceolwolph . Speed his History of Greatbrittain to King Iames. Howe his Annals , or Continuation of Stow and Bacons Henry the 7th to your Father when Prince . * It was illustrious both in respect of the bright Star which then appeared at high-noon in the presence and sight of all , ( See Stella meridiana ) & also in respect of your near alliance to the greatest ●rinces of Christendom . Doway Notes on Iosh. 3. 8. a See Dr Basire of Sacriledge . b Montacu●ii Antidiatribae ad Diat . 1. Bulengeri . C Hookers Ecclesiasticall Policy . l. 8. It is by divers Charters granted to the Church of Westminster , to be locus Coronationis Regis , & repositorium Regalium . Liber Regalis . The Sword presents the Princes power , the Crown their glory . B. Bilson in his Sermon before K. Iames at his Coronation . See the 〈◊〉 of Worcester 〈◊〉 Sermon at the Coronation . King Iames comm●ndeth Caesar above all pro●●e Writers , both for the sweet slowing of th● style , and the worthiness of the maner it self . * Henry the first , the fifth , the seventh , the eighth . Edward the first , the third , the sixth , especially , who first began our happy Reformation in Religion . At the Coronation of King Ioash , the High-Priest delivered him the Testimony , not only that he might know and do it himself , but take care ( as much as lie in him ) that it might be known and observed by the people . Dr Hardy his Apostolicall Lyturgy revived , on 2 King. 11. 12. Read the Scriptures diligently , and with an humble spirit , and in it observe what is plain , and believe & live accordingly . Dr Ier. Taylors Letter to a person newly converted to the Church . 2 Sam. 23. 3. a Molinier in his Essay●● . All that we beg at the hands of our Superiors , is a liberty to worship God according to his word , that we may have no thing imposed upon us , but what we may be directed in our compliance with , by the rule of Scripture ; we desire that men may not command where God is silent . The Examinat . of Dr Heylins History of the Reformar . of the Church of England . Those of the Presbyterian judgement , that out of a reall tenderness cannot comply in all particulars , will beyond doubt receive from his Majesty such savour and indulgence , as may abundantly suffice to their relief . Mr L'estrange his Holy Cheat. p. 78. of the 2d Edition . Notes for div A50052-e1660 See Mr Wheare De Method● legendi Historias , pag. 52. Daniel doth very well so far as he goes , He is continued by Trussell . Historia est testis temporum , lux veritatis , vita memoriae , magistra vitae , nuncia vetustatis , Cicero l. 2. De Oratore * Regis ad exemplum totus componitur orbis . a Aschams Schoolemaster , l. 1. p. 20. * It was a very pious care , and of singular example in so young a Prince , to intend & endeavour the reformation of Religion , and the Church within his Realms . For which even at this day we have cause to acknowledge the good providence of Almighty God in ●aising him up to become so blessed an instrument of his glory and our good . BP Sandersons Episcopacy not prejudicial to Regall Power . In the time of King Edward there was more I suppose , than what one calls it , a wambling toward the Genevah Discipline ; but neither very earnest , nor very popular . a Annal Tom● 〈◊〉 . p. 33. b Whereas the Papists unjustly charge the Protestant Churches with Schism for departing from their Communion : it could not but be a great scandall to them , to confirm them in that their uncharitable opinion of us , if we should utterly condemn any thing as unlawfull , because it had been used in the times of Popery , or abused by the Papists . B. Sanders . Epise . not prejudiciall to Regall Power . c As Father Gilpin , and Father Latimer . Annal. Rerum Anglicarum parte prima . p. 101 , 102. Mr Lyfords Conscience Informed touching our late Thanksgivings . Notes for div A50052-e3180 Fox his Acts and Monumen● vol. 1. Cambd Brit. Engl●sh Saxons . Saxons e●oient tous extreme●ent belli queux & comme es●rit Zosine , l● plus vaillants & renommez de tous les Germanis , en grandeur de Courage , en forces de ●●●ps , & en patience au ●ravail Histoire D● Angleterre Par Andre Da Chesne . l. 6. p. 1●6 . Verstigans Antiq 〈◊〉 tamen in 〈…〉 dominium , & Hexa●ch● ab 〈◊〉 Anglorum 〈◊〉 primordiis 〈…〉 dictum ) co●rcebantur . Sold. Analect . Anglo●bris . l. 2. ● ▪ 4. Notes for div A50052-e4040 The first King of Kent became the first Monarch of the English men . Cam●● . B●it English Saxons . Histoire 〈◊〉 Ang●●t re lar 〈◊〉 ●●Ches●e . l 6. p. 1● . 〈◊〉 Brit English Saxons . Hengist signifieth ● stoned Horse . Equus bellicosorum Saxoniae principum antiquissimum insigne , pugna●it●●is , celeretatis , & immoderati impetus symbolum . Spelmanni Aspilogia . Notes for div A50052-e4750 C●aulini spectatissimum in praeli●s robar annales ad invidiam esserunt , quippe qui fuis Anglis stupori , Brittonibus odio , ●trisque exitio . Mal●esburiensis de Gest is Anglorum . l. 1. c. 2. Polydor Virgil. Ang. hist. l. 4 p. 80. relates the manner of the Battell . Oswaldus fide quam ferro instruct●or . H●jus regis laudes historia Bedae panegyrico prosequitur stylo . Malmesburiensis de Gestin Regum Anglorum . l 1. c. 3. vide plura ibid. Inclytus ille & plurimis animi virtutibus ( aa pietate pr●esertim in Deum ) Princeps merito celeberrimus , Osuualdus , cum Northumbrorum regno anno salutis 634 fuisset potitus . God w. de Pra●sul . Angl. Beda . wulpherus , ne spem civium falleret , edulò satagere , magnis & animi & corporis viribus utilem se principem ostentare ; denique Christianitatenst vix in regno suo palpitantem , & per fratrem initiatam favore suo enixissime suvit . Maimesburiensis de Gestis Regum Anglorum l ● . c. 4. Ethelredus animi religione , quam pugnandi exercitatione celebrtor ▪ Malm. de Gestis Regum Angl. l. 1. c. 4. Quipietate in Deum , probitat● in patriam perinsignis , magna morum sinceritate vitam cucurrit , quintoque anno regni Romam ire pergeus , reliquum temporis illic rel●giosè complevit . Malmes . de Gestis Regum Angl. l. 1. c. 4. Celredus immatura morte miscrabilis ; siquidem non ultra octo annos regno satisfaciens Liceselda conditus est . Malmes . de gestis Regum Ang. l. 1. c. 4. Lib. 1. c. 4. Or Elfrid . Kenul●hus magnus vir & virtutibus famam supergredicus , nihil quod livor digne carperet unquam admisit , domi Religiosus , in bello victoriosus vir , cujus meritò laudes ●itentur in altum , quamdiu aeq nus arbiter in Angliâ invenietur ; laudandue tum regni sublimitas , tum mentis humilitate , qua cuisuit amplissime , Malmesb. de gest is Reg. Angl. l. 1. c. 4. Notes for div A50052-e7210 Anglorum Reges , postquam in Monarchiam septem regna coaluerunt , Egbertus . Aethelwalphus . Aethelbaldus . Aethelb●●us . Aetheltedus . Alfredus , Edvardus sen , Aethelstanus , Edmundus . Edredus . Edwinus . Edgarus . Edwardus martyr . Ethelredus . Edmundus . ferrcum l●tus . Canutus . Haroldus . Harde-Canutus . Edwardus Confessor . Haroldus , Boxhornij Metamorphosis Anglorum . Regnavit inde Egbertus , cò autem faeliciue quod Alcuinum viderit , omni ( quae aetas illa tulerit ) literatum genere doctissimum cu●us quidem operain Parisicus● Academia instituenda Carolus Magnus usus est . Seldeni Analect . Anglobrit l. 2. c. 2. Egbertus conscendit Thronum avitum omnibus ante se regibus meritò praeserendus . Mulm . de rebus gestis Angl. 〈◊〉 l. 1. c. 2. Thirty seven saith Mr. Foxe . Anno Dom. 837 Ethelwulphus ( quem quidam Athulphumvocant ) filius Egberthi regnum sortitus regnavit viginti annis , & quinque mensibus , natura leuis , & quisub quiete degere , quam multis provincijs imperitare mallet . Malmesb , de gestis Regum Anglorum l. 2. c. 2. Omnis Anglia hoc tempore istuc vectigal pietatis & Religionis causa , Romano pontifici pendit domesticatim collatum , & nominum illi argentei vocantur vulgo denarij divi Petri , quos pontifici quaestor exigit qui publicò bonas artes prositerentur , quô multi doctrina clari constuxerunt , docend● gratia . Nos hanc olim quaesturam aliquot per annos gessimus , ejusque muner● obeundi causa , primum iu Angliam venimus . Polyd. Virg. Aug. hist. l. 4. Quis facile crediderit Aethelwulfum Regem decimam partem non solùm bonorum & facultatum , sed & mansionum praediorumque totius Ecclesiae contulisset Spelm. Epist. Dedicat. ad lib. de Concil . St. Needes in Huntingtonshire why so called . Ethelbald Ethelbert and Ethelred successively raigned , and dying left the Kingdome distracted by continuall conflicts with the Danes ; and Alfred having faithfully served his Brothers , as Viceroy in each of their severall Raigns , survived , and in the twenty second year of his age succeeded in his Kingdome . Powells life of Alfred . Anno Dom. 857 duo silij Ethelwulphi regnum paternum partientes , Ethelbaldus in West-Saxonia , Ethelbertus in Cant●a regnaverunt . Ethelbaldus ignavus & perfidus patris ejus thorum polluit , in conjugium Judith n●ver●ae post ●ar●ntis obi●●m devolutus ; sed post quinquennium eo defuncto , & Schireburniae co●dito , totum regnum ad alterum derivatum est Malmesb. de gestis Regum Angl. l. 2. c. 3. Primus ille , nodum Cantii , praeter Northumbriam totius Angliae Rex , sacro font● ab Augustino Monacho Anglorum , ut a●unt Apostolo , tinctus . Seldenjanus Anglorum . Regnum paternum obtinuit ●odem numero , annorum quo fratres miserabili prorsus & dolenda sorte , ut immatura omnes occumberent morte , nisi quod tantis matis obstrepentibus regij pueri magis optarem honestum exitum quam acerbum imperium , Malm. de gestis Regum Angl l. 2. c. 3. Six saith A●dre Du Chesne . Notes for div A50052-e9230 Alfridus , qui & Ae●fredus , & Alvredus de bellavit Danos , & unicus sui sae●ust Maecenas fuit . Lelandi●omment ●omment in Cygn●am Cantionem . Insignem hunc Regem Saxo-nes passim , & ipsus semet , Aelfredum nominant , nonnulli Alfre●um & ●lfridum : recentiores ( litera [ f ] ●u [ v ] consonantem versa ) Alvredum . Filius erat Regis Ethelwulplhi pihntissimi , ●atu certè minimus , è virtute autem & rebus gestis , magnus ab ●●horibus appellatus Pu●rum adhuc à patre Romam delegatum , Leo Pap●●0 . Prophetico velut ductus ●piritu in Anglorum futurum aliq tando Regem ●●xit , dum●tres sui fratres omnes , qui paterno priùs fruebantur diademate , superstites 〈◊〉 , ● & insolumes Reg●are capit anno Christi 872. des●it anno 901. cum annos 28 v●l 29 reg●minis tenuisset gubernaculum , multas interea utriusque fortunae expertus vi●●ssitudines . Spelm. de Concil . p. 378. Hic octarum Saxo●●corum 〈◊〉 , in Dei servitto vigilantissimus , & in exequendis jud●●ii● erat discretissimus . Hoved. Annal pars prior . Erat Rex ille in exequendis judiciis , sicut in caeteris al●is omnibus rebus discretissimus indagator ▪ Asserius Men●vensis . Vide Asserium de Alfredi rebus g●●tis . Nec verò des●erunt dulcissimi Jovis● Mercurii bene positorum influxus ; nec Musae ( Rex enim . faelix seculum verè philosophabatur ) ne●leg●● inter arma 〈◊〉 . Sel●en● Analect . Anglo brit . l. 2. c. 5. Vide Asserium Menevensem de Aelfredi rebus gestis . p. 9. And also Paulu● Orosius his History . Vide Malm. de gestis Reg. Angl. l. 2. c. 4. To furnish i● with able Scholars , he drew thither out of France Grimbald and Scotus , and out of Wales Asser , ( who 〈◊〉 his life ) whose Lectures he honoured often with his own presence . Quin & provincialibus graudem amorem studtiorunt in●u●it , hos praemiis , illos injuriis hortando ; neminem illiteratum ad quamlibet Curiae dignitatem aspirare perinittens . Malmesh de gestis Regum Auglorum , l. 2. c. 4. Aluredu● à Decalogo suas leges piè auspicatur Vide Lanibardum de priscis ●nglorum legibus . Dum gesta ejus commemoro militaria , miror unquam cum cogitasse civilia . Dum civilium ejus intueor molestiarum cumulos ; miror utique quod in aciem prodiit . Dum verò religio●em , pietatem , & ardorem rerum c●lestium contemplatus sum , vixisse Monachus visus est & regularis ; hoc solo infaelix , quòd inter gentes barbares sub faedissimo literarum deliquio . f●loruit & interiit circiter an . Dom. 900 Spelmanni Glossarium Vid● ejus Epist. Dedicat. ad Lib. de Consil. His Epitaph . Anno dominicae incarnationis 872 , Elfredus filius Ethel● wulphi junior regnum accepit , & 28. & semis annos laboriosissime , & fortissime ●enuit . Malmesb. l. 2. c. 4 Some say above 29. years . So Rog. de Hoveden annal part 1. Notes for div A50052-e10720 Dictus senior , eo quod post illum plures ejusdem nominis regnaverunt , quorum omnium ipse primus erat . Literarum scientia multum inferior patre , sed regni potestate incomparabiliter gloriosior . Malmesb. de gestis Reg. Ang. l. 2 c. 5. Idem ferè habet Ingulphus . Edwardus , Cognomento senior , literarum cultu patre inferior , sed dignitate , potentia pariter & gloria superior . Nam multo latius , quam pater fines regni , sui dilatavi● . Rog. de Hoveden . Annal. part . 1. p. 421-● 23. saith Malmesb. 24. Polyd Virg. 34. saith Roger de Hoveden . Malmesb. de gestis Regum Ang. l. 1. c. 6. A young English Gentleman in a sally forth at Ostend had one of his arms shot off with a Canon , which taking up he brought back with him into the Town unto the Chyrurgion , and coming into his lodging , shewed it , saying , Behold the arm which but at dinner did help its fellow . This he did , and endured without the least fainting , or so much as reposing upon 〈◊〉 bed . Dr. Dillingham Veres Commentaries in the contin●ation of the siege of Ostend . 16. years saith Malmesbury . Tenuit regnum anuis 6. & semis . Malmesb. l. 2. c 6. See Milles his Catalogue of honour , and Mr. Prynne his seasonable , legall , and hystoricall vindication of the fundamentall Liberties , Rights , and Laws of England . p. 106. Anno Dominicae incar●ationis 946. Edredus tertius ex filiis Edwardi regnum suscipiens , rexit annis 9 , & dimidio . Malmesb. l. 2. c. 7. Anno Dominic●e incar●ationis 955. Ed●inus regno potitus tenuit annis quatuor , petulans adoles●ens , & qui speciositate corporis i● libidinibus abuteretur . Malmesb. de gestis Reg. Ang. l 2. c. 7. Ea tempestate facies Monachorum saeda & miserabi●is ●rat . Caeterum longè horret nostra memoria , quam immanis fu●rit in reliqua caenobia . & propter aetatis lubricum , & propter pellicis consilium , qua● tenerum jugiter obside●at animum Malmesb. de gestis Reg. Ang. l. 2. Vide plura ibid. & Polyd. Virg. Ang. hist. l. 6. Notes for div A50052-e12520 He was sirnamed Etheling , after the signification of the Saxon speech , Outlaw , because he was a banished man in the former time of his life , through the cruelty of the Danes . Laci●s Nobility . Although in his younger dayes he was subject to many vices , and committed some in urious tyrannicall acts , recorded by Malmesbury , Fox , Speed , and others ; yet repenting of these his youthfull , lustfull vices , he proved such a just and prudent King , that our Historians of elder and later ages , give large encomiums of his justice , prudence , vertues , and politick Government , worthy perpetuall memory and imitation . Mr. ●ryn's seasonable , legall , and historicall vindication of the fundamentall Liberties , Rights . Laws of England , p. 126 , 127 Vir & animi virtute , & corporis ro●ore longè princeps . Polyd. Virg. Ang ▪ hist. l. 6. Malmesb. l. 2. c. 8. Id. ibid. Polyd Virg. Ang hist. l. ● . Dr. Barwick's life of B. Morton . Licet , ut fertur , staturae fuerit . & corpulentiae perexilis ; tantas vires in illo corpusculo dignatio naturae incluserat , ut ultro ad congrediendum lacesceret quemcunque audacem nosset ; hoc maxime timeus ne 〈◊〉 tali colludio timeretur . Malmesb . de gest is Regum Anglorum . l. 2. c. 8. Vide plura ibid. Malcome ● King of Sco●s hearing of a conspiracy plotted to murther him , whereof one was author , he dissembled the knowing of it , till being abroad one day a hunting , he took the fellow apart from the company , and being alone , said unto him , Here is now a fit time and place to do that manfully , which you have intended to do treacherously . Draw your weapon ▪ and if you kill me , none being present , you can incur no danger . With which speech of the King , the fellow was so daunted , that presently he 〈◊〉 down at his feet , confessed his fault , humbly asked forgiveness , and being granted him , was ever after serviceable and faithfull to him . Sir Baker's Chronicle of the Kings of England in William the 2d Sir Elyo●'s Govern●ur , out of Malmesb. In h●norem Christi ejusque divini nominis cultum , quadragin●a caen●bia ve á fundamen●is ●x●ruxit , vel pa●um sarta t●cta 〈…〉 de reb . Brit. 〈…〉 pacificus , ●a●ria & Monosticae disci●li●● propugnator ard●n ●ssim●s qui sem●t ●●●achorum caet●● , Reg●nem 〈◊〉 ●●alium pras●●●t guber●●●res S●elm . d● Concil p 489. 〈…〉 aunorum 16. Regnim adipis ●●ns c●dem num●ro 〈…〉 de gestis Reg. Aug. l. 2. c. 8. The three conquests of England by the Saxons , Danes , and Normans , proceeded from the sins of the Princes , or of the people , or both . Mexia's Treasury of time . vol. 2. l 7. c. 1● . Dani populationibus , ●caelibus & incen●iis miseram Anglianm multos per annos adeo affl●x●runt , ut Clades 〈◊〉 Romanis , Scotis , ●ictis , & Sax●nibus jam an●ca , postea● ; deinde à Normannis huic Insulae illatae , si aerumnis & calamita ibus quibus isti p●triam hanc nostram affecerunt conferantur , quasi ludus quidam & tragadia scenica poss●●t aestimari . Nam bellum nobiscum gesserunt temporis long inquitate diuturnum , omni crudelitatis genere immanissimum , & belli ge●endi ratione difficilimum . Godw. de Praesul Ang. Comment . p. 67. vide plura ibid. & p ●9 . Vide Reg de Hoved. part 1. p●●t 2. See Verst●g●● of our names of contempt . p. 33● The Danes used when the English drank , to stab them , or cut their throats ; to avoid which villany , the party then drinking requested ▪ some of the next fitters to be his surety or pledge , whilest he paid nature her due , and hence have we our s●all custome of pledging one another . Infestabant illius maxime imperium Clericos inter & Monachos de sacerdo ●um celibatu schismata , Seldeni Analect . Anglobrit . l. 2. c. 6. Died in the 16●● year of his age . Tribus annis & dimidio potesta●e ●otitus est . Malmesb de gest●s Reg Ang l 2. c. ● . Notes for div A50052-e13990 Cùm infans primum s●cro admotus esset fonti , alimon●ae excremento Baptisterium ( unde Constantinum etiam pessimum Imperatorem ●opronymum dictum fuisse scribunt ) faede● inquinavit ; exclamavit exinde subito Danstans , Per sanctam Mariam pu●r●iste ignavu● homo ●rit . Seldeni Analect . Anglob●it . l. 2. c. 6. Vide Malmesb. de gest●● Reg. Aug. l. 2. c. 10. & Hunting . hist. l. 5. Ejus vitae cursus saev●s , in principio , miser in medio , turpis in exitu asseritur . Malm. l. 2. c. 10. Ea nox par●ulo temporis momento vetustam Danorum dominationem , diuque majorum virtute elaboratum finivit imperium . Sed neque id postera nostris fortuna restituit . Ita Anglia dominandi ju●●ignavia perd●tum scelere recuperavit . Saxo-Grammat . hist. Dan l. 10. Krantzi● hist. D n. l. 4. Magni roboris & animo & corpore , & pr●pter hoc ferreum ●atus nuncupatus Malmesb. de gestis Reg Aug. l. 2 c. 10. Pal●d Vi●g . Ang hist. l 7. Vide Malmesb. de gestis Reg. Ang. l. 2. c. 10. & Polyd. Virg. Ang. hist. l. 7. p. 132. Polyd. Virg. Ang hist. l. 7. Some say one year , and a few moneths . Notes for div A50052-e14780 Vide Polyd. Virg. hist. Ang. l. 8. p. 135. Scians omnes habitantes or●em , vanam & frivola● regum esse potentiam . Hunting . hist. l. 6. Erat Dominus totius Daciae , totius Angliae , totius Norwagiae , simul & Scotiae . Hunting . hist. l 6. Ea fuit optimi Regis diligentia , ut optimis legibus patriam , cives , milites , intra honestatis praescriptum contineret . Tulit legem de singulis rebus , omni●q●e praevi●it quae ab optimo legum latore sunt providenda . Et quum inter alia homicidio quoque paenam decreviss●t , accidit ut ipsae 〈◊〉 , is praevaricator , occiso milite inve●iretur . Qu●mqu factum majesta●is reverentia ●u●ripot ●isset , militari se animadversiou● substravit . Kran●●zii hist ▪ Dani● l. 4. Vide plura ibid. Leges Canuti poste●●ati tam gratae fuerunt sibiqu●●am satutares Angl● semper dux●runt , ut ad eas sirmite● observandas sub nomine Edward● Regis ( non quod ill●● st●tu●rit , sed quod observaverit ) Principes reg●o inaugur●●dos solio sepius , obstrinxerint juramento . Seldeni Anal●ct . Anglobrit l. 2 c. 6. Ex Malmes● . l 2. c. 11. Nou refero confessoris has leges ad certum regni cjus anuum aliquem , quod non ab eo institutas c●ns●o●●sed ex Antecossorum suoru● legth●s ( praesertim Regis Canuti ▪ ut animadvertit Malm●sburius ) ducta plerunqu● essent & promulga●a . Innuit hoc idem ipsarum titulus in quo decitur , Iucipiunt lege● S. Edward● Regis , quas in Anglia 〈◊〉 . Id est observavit Non quas tulit , hoc est instituit . Spelman . de Concil . p 625 l. ●ide Lambardum de priscis Anglorum legibus . Quo nemo Damcorum Regum ( tam e●si piura alii victor t is illustraverint ) splendidi●r fuit . Equidem sanctitate ac fortitudine inst●●ctiss●mus , non minus religionem quam r●gnum proferre curae h●huit . Cra●zii hist. Daniae . l 4. Some say twenty . St 〈◊〉 . Malme●b . Dani ( ut patria pace loquar ) s●ecandis certatim calicibus assueti Saxo-Gram . Hic tributum inex●rabile & importabile Angliae imposuit , ut classiariis su●● pers ingulas naves viginti marcas ex pollicit● pensitaret . Malm. l. 2 c , 12. Notes for div A50052-e16330 Edwardus Cognomento , ob p●etatem Confessor . Selden . Ianus Ang. It was imposed by his Father , and payed for forty years continuance , cut of the lands of all , except only the Clergy . Danegeldum s●u Danageldum ▪ ●d est , Tributum Danicum dicebatur . Selden . Mar● clausum . ●●● c. 11. vid plura . ● Ibid. A Treatise of union of the two Realms of England and Scotland ▪ c. ● . * E●ymon ipsius habe primum nominis Op 〈◊〉 privativa est particula d●el pars sonat , totum , expers quasi criminis . Purgationis autem sive Ordalii g●●us duplex , i●ncum & aqu●um . Dupl●●i etiam forma ign●●● , ●●simul●tus cum quis criminis aut nuda man●● s●rrum gestabat , aut pedibua m●dus ig●i●o● ve●●●res premebit . Distinguebant porro juxta ferr● magnitudinem , quod si uni●s esset pondo , simplex ; si trium , triplex Ordalium nominabant . Seld. Analect Auglebrit . l 2. c. 8. Vide ejus Janum Anglorum . l 2. p 253 , 254 , 255 , 256. Vedesis Glossarium annexum legibus Henrici primi apud Lamba● lu● de pr●s●●● Anglorum legibus . See Dr. Hackwels Apology of Gods p●●vidence in the government of the world . l. 4. c. 2. Sect. 5 against the Ordeal Laws . Sr Iohn Hayward alleadgeth two other causes , impotency of nature , and suspicion against her . Ediderat à ●undamentis Ba●dicam seu Ecclesia● S. Petri Westmonasterii , supra modum saeculi augustissim●m ; qua nostratibus etiam exemplum dedit condendi Ecclesias in formam Crucis Christi passioualis , id est , productiore radio inferiori . Spelm. de Concil p. ●36 . Matth. Paris . hist. Ang. p. 2. Earl Godwin Father to King Harold , having procured the untimely death of Alfred Brother to King Edward the Confessor , denied is continually with solemn oathes ; and especially once when he dined with the King. At what time occasion being offered to speak of that matter , he took a piec● of broad , and prayed to God that the same might be his last , if he were any way consenting or privy thereto ; and so eating the bread , was choaked therewith , and died there in the Kings presence . Henry Hunting hist. l. 6. Ingulphus hist. Ang. 153. Polyd. Virg Ang. hist The Archers of the Normans send forth their arrows on every side as thick as hail ; which kind of fight , as it was unto the Engl●sh m●n strange , so it was unto them no less terrible . Milles. Walsingham History is called Hypodigma Neustriae . Ayscis . Haec gen● á Dacia oriunda , ferox statim tanto reg●o potita mores optimos , leges sanctissimas divina humanaque vertere , ac denique genus ipsum A●g●icum perdere conata est . Polyd. Virg. Aug. hist. Proaem . in l. 9. Notes for div A50052-e18140 Erat sapiens , sed astutus ; locuples , sed cupidus ; gloriosas , sed famae deditus ; eras humilis , Deo servientibus ; durus , sibi resist●ntibus . Huntington . hist. l 6. Alu●● non habebat Gallia , qui talis praelicaretur eques & arma tus . Spectaculum erat delectabile simul ac terribile , eum cernere fr●ua moderantem , ense decorum , clypeo sulgentem , & galea teloque minitantem . Gesta Gulielmi Ducis Normannorum à Gulielmo●●ctaviensi ●●ctaviensi Lexoviorum Archidiacono . Mr. Pryns seasonable , legall , and historicall vindication of the fundamentall Liberties , Rights , Laws of England , p. 382 , 383. See more there . See Sir Iohn Hayward in the life of King William the first , p. ●9 , 32 , 33 , 34 , 35 , 36 ▪ and Master Bacons first part of his historicall discourse of the uniformity of the Government of England , c. 44 , 45 , 46 ▪ 55 , 56 , and Carpenters Geog. l. 2. c. 14. p. 238. Versteg●ns Antiquities , c. 6. p. 171 , 172. It was a generall custome at that time in France , that Bastards did succeed , even in dignities of highest condi●ion , no otherwise than children lawfully begotten . Sir Iohn Hayward in the life of William the first , p. 4 5. He hath seven examples there of Bastards lawfull succession It is probable ( saith the same Hayward ) that this u●e was grounded upon often experience , that Bastards ( as begotten in the highest heat and strength of affection , have many times been men of excellent proof , both in courage , and in understanding . ●his was verified in Hercules , Alexander the great , Romulus , 〈◊〉 , King Arthur ; in Homer , Demosthenes , Bartholus , Gratian , 〈…〉 Peter Comestor . See Peacham ▪ compleat Gentleman c. 1. p 9. 〈…〉 al●cubi le●●sse , pris●os septentrionales populos etiam spurios 〈◊〉 in succession●m ; nec ill●us igitur tituli , gloriosum Angliae subactorem 〈◊〉 Normann●m pu●●●●sse videtur , qui Epistolam ( ut alias plur●s ) ad Alanum Brittaniae min●ris comitem , sic orditur Ego Wilielmus Cog●n●m●nto Bastardus . Henrici Spelmanni Glossarium . Vide Polyd. Virg. Aug. hist. l. 8. Sir Iohn Hayward in the life of William the first , reports this jest somewhat otherwise , though he agree in the substance . The arrow was first brought into this Land by the Normans . Hollinshed and Sir Iohn Hayward in William the first . As long Bows were the weapons with which this King conquered England ; so they were the weapons with which England under after-Kings conquered France ; as if it were not enough for us to beat them , unless we did beat them with their own weapons . Sir Richard Baker . Subjectis humilis apparebat & facilis , inexorabilis erat rebellibus . Matth. Paris hist. Ang. Daniels History . Vide Henrici Spelmanni Glossarium . p ▪ 287. Curfu , aliter Corerfu , à Gal. Couvrir , tege re ; feu ignis Latine , Ignitagium . Spelmanni Glossartum . Vt ferociam populi ad otiumper-ducere● , omnibus 〈◊〉 ademit , statuit que ut quisque pater familias vesperi ▪ circiter horam octavam , post meridiem , tecto ciueribus igne , dormitum tret ; & ad ad signum vicat●m dari voluit , per campanas , it quot etiam nunc servatur , & Normannice vulgo dicitur , Coverfu . Polyd. Virg. Ang. hist l. 9. Lamberts Archeion . p. 24. Monumentum totius Britranniae , non dico antiquissimum , sed absque controversia augustissimum , duobus magnis voluminibus , Angliae descriptionem continens . Aliàs Liber judiciarius ; aliàs censuali● Angliae ; aliàs Angliae noticia , & lustratio ; interdum Rotulus Regis & ( à similitudine antiquioris ) Rotulus Wintoniae , & Liber Wintoniae nuncupatum Spelmanni Glossarium . Vide plura ibid. & 〈◊〉 praefat . ad Eadmeri historiam . Sir Iohn Hayward in his life . p. 23. & ●14 . Sir Iohn Hayward . Cardinal Perron the learned French man , was a fat corpulent man , and had a great belly . A French Lady to quip him , said thus to him , Mouasieur qua●d vous vous accoucherez ? To whom he replyed , Quand vou● s●ras sage femme . Speed. Silent l●gos inter arma . Lambards Ar●●tion ▪ Verstegans Antiq. c. 6. p. 182. Pueritiam a●● spem regui literis municbat , subinde patre quoque audiento jactare Proverbium solitus ; Rex illiteratus , Asinus coronatus . Malmesb . de Henrico primo . l 5. One and twenty years and one moneth saith Fox . Seventy four saith Polyd . Virgil. Qua enim conditio sortis humanae non moneat ad pictatem , cùm auditum su●rit Regem istum qui tantae potentiae in vitâ suâ extitit , ut in tota Anglia , in tota Normannia , in tota Cinomanensi patria , ne●o contra imperium ejus manum movere auderet . Mox ut in terram spiritum exhalaturus , positus est , ab omni homine , sicut accepimus , uno solo duntaxat serviente excepto , derelictum cadaver ejus sine omni pompa per Sequanam na●cella delatum , & cum scpeliri deberet , ipsam terram sepulturae illius à quodam rustico calumniatam , qui eam hereditario jure reclamans , conquestus est illam sibi jam olim ab codem injuria fuisse ablatam . E●dmeri historia novorum . Vi●● Ma●mesb . & Polyd. Virg. de Wilielmo primo . Notes for div A50052-e21150 * Or Courthos● , of his short Hose , or Br●eches . Or Courtois , of his courteous behaviour . Sir Iobn Haywards Lives of the three Norman Kings of England , p. 125. & 222. See Renasus Morean in his Prol●gomena to his learned Animadversions , by which he hath illustrated that work . Vossius de Philosophia . c. 12. Joannes de Me●iolano medicus nomine ●oll●gii Scholae Salernitanae conscrip●i librum cui titulus Schola Salernitana . Id ibid. By a fall from his Horse . De●raudaverat Gulielmus pater Robertum regno Angliae , partim non oblitus ejus in se impietatis & contumaciae , partim veritus , si ille id obtineret , ne ejus facilitas qua praeditus erat , ad defectionem paratiores non redderet Anglos , quos ipse laeserat ; quapropter rem tutiore loco fore putàvit , si Rufo , cujus jampridem morum pariter acerbitatem atque immanitatem naturae cognitam habucrat , committeretur . Polyd. Virg. Ang. hist. l. 10. Sir Iohn Hayward . * Brittarnia in Glocester-shire . See more there of him . He seems to have followed the example of Iacob , who gave to his younger son Ioseph the land which he had taken with his Sword and his Bow. Besides in the rebellion of his son Robert , this son stood firmly for him , and in his quarrell hazarded his life . Sir Richard Baker . Robert was then absent in Germany . Incomparabilis proculdubio nostro tempore princeps ; si non ●um magnitudo patris obru●re● , nec ejus juventutem fata praecipitassent , ne per 〈◊〉 maturiorem aboleret ●rrores ●centia potestatis , & impetus juvenili contractos Malmesb . de Wilielmo secundo . l. 4. He is therefore ill spoken of by Clergy men . He claimed the investitute of Prelates to be his right . He forbad appeals to Rome . Malmesb. Vnum adificium & ipsum per maximum domum in Londoniâ i●c●pit , & perfecit , non parcens expensis dummodo liberalitatis suae magnificentiam exhiberet . Malmesb. Daniels History . Malmesb. Veterum plerique traditur transsossum fuisse Regem sagitta , quam in ferarum vivario , quod novam Forestam dicimus , jactu infoelici collimara● Gualterus Tyrellus , Gallus , idque est receptissimum . Scd accuratius multo quam caeteri , singularia omnia , quae miseram Regis caedem & Tyrelli jactum fatalem attinent , narrat Ordericus Vitalis in hist. Eccles l. 10. p. 783. Seldeni notae ad Eadmerum . Vide Malmesb , de Wilielmo secundo . l 4. Notes for div A50052-e22880 Henricus ob singularem , quae pro regio fuit nomine , eruditionem Belloclericus dictus . Seldeni Ianu●● Anglorum . Vide ejus dissert . ad c. ● . Henricus Rex urbanitate , comitate , affabilitate , lenitate , justitia , & fortitudine , omnes sui temporis Principes anteire putabatur . Huc etiam acces sit , quod o● ni literarum genere Cantabridgiae , Lutetiaeque instructus à pueritia ita profecit , ●ut Wilielmus ejus pater eum Episcopali mu●●ri aptum censuerit . Qui doct●nae praesidio & saluberrim●s multas leges ipse condidit , & Papales technas saepe offecit , & ca●●è vitavit , ut si●cam opportunitatem , quam Henricus octavus nactus fuisset , & Papalem jurisdictionem exterminasset , & praefractum , ac à Papa concitatum in se clerum , in officio tenuisset . Josc●lini Antiq. Brit. p. 124. Infans cum omnium votis conspirantibus educatus egregie , qui solus omnium filiorum Wilielmi natus esset regi● , & ●i regnum videretur competere . Itaque tyrocinium rudimentorum in scholis egi● liberalibus , & literarum mella adeo avidus medullis indidit , ut nihil postea bellorum tumultus , nulli curarum mot●s eas excutere illustri animo possent . Malmesb . de Henrico primo . l. 5. Nocturnas faces , quas primus Gulielmus vetuerat , restituit , quippe cui jam firmato regno minus formida●das . Seldeni Ianus Anglorum . l 2. None of our Kings married with Scotland but he . Flemings Stemma sacrum . Habitus est crudelis praes●r●im propter Robe●tum germanum fratrem , quem in carcero sinem vitae facere coegit . Polyd. Virg. Ang. hist. l. 11. Stubb● his discovery of a gaping gulf whereinto England is like to be swallowed , by another French marriage . He shews there also in Henry the second , Richard the first , King Iohn , Henry the third , Edward the second , Richard the second , the inconveniences to this Nation , by their marriages with the French. Hinc cognoscere licet , pri●s Aethiopem posse mutare pellem , uti dicitur , quàm qui terram incolunt Galliam , valde multum diligere Anglos . Polyd. Virg. Ang hist. l. 23. p. 483. It was said of Charles Earl of Valois , that he was the son of a King , brother to a King , uncle to a King , father to a King , and yet no King. * Cambdens Brittannia in Barkshire . Mi●ses . Henrico adscribunt nonnulli legem , quam curtoise d' Angleterre dicunt I. C. ti . Hac vir suscepta prole co●jugis demortuae baered●s sruitur , in humanis dum ●g●rit . Seldeni Ianus Anglorum . l. 2. Hayward . The antiquity of a yard . ●anicls Hist●ry , and Hayward . Sir Walter Rawleigh his Preface to his History of the world . See Sir Iohn Hayward in the life of King Henry the first p. 267 , 2●8 , 269 , 270. Prudentum congressus in Anglia vocatur & magna comitia . Mutuato denium à Gallis Parliamentorum nomine quae ante Henricum perraro scribit Polydorus l. 11. habita . Seldeni Ianus Anglorum . l. 2. A Hide of land contains 20. Acres , saith Hayward in the life of William the first . p. 99. A 100. Acres saith Lambert . Notes for div A50052-e24860 Daniels History . The famous Family of Plantagenets , which stored the Crown of England well nigh the space of four hundred years ; from whence have issued one Emperour , fifteen Kings , and ten Queens , twelve Princes , twenty four Dukes , and sixty Earls , took its name of a ●lant . Fern. Glor. Generos . Galfredus Plantaginett● , cujus absque dubio à Plantagine herba , quemadmodum elim ap●d Romanos multarum nobilssimorum 〈◊〉 ab herbis & frugibus deductum ●omen est , Matildam Henrici primi Anglorum regis ; filiam , viduam duxit in uxorem . Henricus secundus in regiam familiam nobilissimum illud Plantaginettarum cognomen insinuavit . Hoc mirum in modum postea prolis numerositate incrcvit ; a leo ut exea gente quatuordecim reges ▪ quanquam desultoria quadam successionis lege aliquando , con●inuata tamen seric , regnum administrarunt . T wini Comment , de rebus Britanuicis . Prince douè de plusicurs vertus vrayement digne , d' un Roy●mais aussi suict à quelques vices encores plus indignes d' un Prince● hrestein . Histoire d' Angleterre par Andre Du Chesne . l. 12. Fox . p 228. Col. 2. Hollinsh . in K. Stephen . Cambd. Britannia in Northumberland . At pater Henricus haec audiens , ingenti affectus dolore , antistiti submissa voce ait , Paenitets inquam , paenitet extulisse hominem . Polyd. Virg. Montaigne in his second Book of Essayes ▪ c ▪ 8. commends the Emperour Charles the fifth , for resigning his means , his greatness , and Kingdome to his son , at what time he found his former undaunted resolution to decay , and force to conduct his affairs to droop in himself , together with the glory he had thereby acquired . Robert , son to Hugh Capet , was crowned King in his fathers life time , of whom it is sajd , He was a son without frowardness , a companion without jealousie , a King without ambition . Du Serres History of France . Verstegans Etymology of our Saxon proper names . Poysoned her , as was thought . Verstegan ubisupra . Gualterus Mappaeus de nugis Curialium . Polyd. Virg. Ang hist. Hollinsh Polyd. Virg. Dan hist. Notes for div A50052-e26790 Statura corporis fuit justa , lata & bonesta facie , in qua multum gratiae , gravitatuque incrat ; sed quò pulchrior corpore , hoc animi altitudine praestantior , undo non immeritò cognomen invenit , qui cor Leonis vocatus est . Polyd. Virg. Ang hist l. 14. Illud innuere videtur Richardum inter Angliae Reges primum usum fuisse Leonino gestamine , quod ei prae caeteris cognomen inderetur . Cor Leonis à pictura● clypei ( ni vana conjectura ) derivatum . Nam é clypeis & armaturis nomina saepe acceperunt tum antiqui , tum recentiores . Spelman●i Aspilogia . p 46 , 47. Weevers ancient Funerall-Monuments . Cambdens Brittannia in Oxfordshire . Id. ib. in Barkshire . Histoire d' Angleterre Par Andre Du Chesne . l. 1● . Theater of honour . Book 5. c. 1● Sheriffs and Maiors of London first ordained . Alluding to that Gen. 37. 33. Hollinsh . and Speeds Chron. Notes for div A50052-e27700 Speed. C●ttoni Posthuma . Powell on Lhoyds History of Wales . p. 261. out of Matthew Paris . Hist. d'Angleterre Par Andre Du Chesne l. 12. * Acts and Mo. vol. 1. Fox . Foxes Acts and Mon vol. 1. There are various reports of his death . See Hollinsh . Chron. * Eighteen years , five moneths , and four dayes , saith Matthew Paris . One writes that he was poysoned at Swinsted with a dish of Pears . Others there in a cup of Wine . Some , that he died at Newarke of the Flux . A fourth , by the distemperature of Peaches eaten in his fit of an Ague . Browns Britannias Pastorals . Contigit aliquando S. Ludovicum Francorum Regem cum eo super hoc conferentem dicere quod non semper missis , sed frequentius sermonibus audiendis esse vacandum . Cui faceta urbanitate respondens , ait , se malle amicum suum saepius videre , quam de●● oquentem , licet bona dicentem aud●re . Matth. Paris , & Walsingh . Gration . Hollinsh . Magna Charta . Lambards Archeion . Id. ib. Matth. Paris . hist. Ang. Hen. 3. p. 945. p. 783. There will be little reason to be over-confident in matters of Pedigree and Arms , much beyond 400 years . ●d . ibid. Matth. Paris . Cooke 2d part of Instit. c. 11. Notes for div A50052-e29140 The names of the first Richard , the first Edward were as terrible to Infidels , as William to the Saxons , and as much renowned among all Christian Princes . Sir Francis W●rtly his Characters . Rodericus Toletanus l. 1. breaks forth into this exclamation ; Quid igitur hujus mulieris fide rarius audiri ! quid mirabilius esse potest , ut uxoris lingua fide & dilectione maritali peruncta , vencua à dilecto marito expulerit quae electo medico trahi non valuerunt : & quod plurima exquistiáque non effecerunt medicamenta , una uxoris pietas explevit . Iactura filiorum facilis est , cùm quotidie multiplicentur ; pareutum verò mors irremediabilis est , quia nequeunt restaurari . Chronica● Thomae . Walsingham . Mr. Fullers good thoughts in worst times . Occasion . Meditat. 9. See Dr. Pow●is Preface to the History of Wales , and his Notes on ●hoyds History of Wales , p. 376 , 377 , and Judge Dederidges Principality of Wales , p. 4 , 5 , 6. Cambdens Britannia in Yorkeshire . ●aletudine usus est satis presp●ra , animo magno ; cui cunque enim rei operam dabat , eam facil● imbi●●bat , prudentia summa , religionis studiosissimus , insolentiae sacerdotum inimicus acerrimus , quam ex opibus cum primis prosicisci putabat● quam ob●rem legem ad manumortuam perpetuasse fertur , at ita corum luxurie● coerc●retur . Polyd. V●rg . Ang hist l. 18. Cambdens Britannia in Cumberland . Fuit prudens in gerendis negotiis , ab adolescentia armorum ded●us exercitio , quo in diversts regionibus eam famam militiae acquifierat , quà totius orbis Christiani sui temporis principes singulariter transcendebat . Elegantis erat formae , staturae procer●e , qua humero & supra communi populo prae●minebat . Chronica Thom●● Walsingham . He was called Edward Long-shank● . Ne vestigium majestatis regia● desid●rii ullum apud populum remaneret , sedem lap●deam in qua insidentes Reges coronari salebant , ex Scotia deferendam Londinum curavit , quae eti●am nunc ad Westmonast ●rium servatur . Polyd. Virg. Ang. hist. l. 1● Initio sui principatus , cisi ad lenitatem suaptò natura pr●pensus ●rat , quorundam tamen suorum consiltariorum co●rcitus monitis , ut bonam indolem ostentaret , gravitatem , probitatem , ●nodestiam praes●●crre caepit : veri●n baud omnino potuit ita coerceri , quin brevi tempore petulantiam ac vanitatem sensim quidem primò & occultè velut juvenili errore complexus suerit , &c. Polyd. Virg. Ang. hist. l. 18. Sir. Thomas More . Cu● Isabella R●gina Oxoni● esset , una cum 〈◊〉 , magno exercitu stipa●● Episcopas concionem habuit , in qua themate assumpto Dolet mihi caput , o●●endere conatus est , caput insanum , nec adhibitis opportunis remediis convalesce●s corpori dominari non debere . Godw. de praesul . A●g . Vide plura ibid. Speed. Queen Isabel , being to repass from Zeland into England with an Army , in favour of her son against her husband , had utterly been cast away , had she come unto the Port intended , being there expected by her enemies : but fortune , against her will , brought her to another place , where she safely landed . Montaigne his Essayes . l. 1. c. 33. Polyd. Virg. Ang. hist. l. 19. p. 382. commends her . Speed. Hollinsh . Quo genere moriis Edwardus interierit , non facile constat : fama exit in vulgus , illum dum ventrem purgaret , fuisse veru transfixum per clu●es . Polyd Virg. Ang hist l. 18. Fuerat nempè Rex iste inter ●mnes Reges orbis & Principes gloriosus , benignus , clemens , & magnificus , Belliger suit insignis & fortunatus , qui de cunctis congressibus in terr● & in mari , semper triumphali gloria victoriam reportavit . Walsingh Hist. Ang. Edwardus tertius regnum saelicissimum & rebus maximis à se gestis gloriofissimum ad annum secundum supra quinquagesimum produ●it . Godw. de praesul . Ang. comment p. 119. Huic regi absque caeteris naturae ornamentis , cum primis formae dignitas suffragabatur , ingenium providum , perspicax ac mite , nihilporr● non sapienter , non con●ideratè agebat , & homo permodestus & frugi , illos summè diligebat , honoribusque ornabat ac amplificabat , qui probitate , modestia , atque vitae innocentia allos antecederent . Militaris disciplinae apprimè sc●ens fuit , ut res ab co gestae testimonio sunt . Polyd. Virg. Ang. hist. l. 19. Il gaigna deux memorables batailles en France , prist la ville de Calais , & deux grands Roys prisonniers , & rendit son nom redoutable à tous ses Voisins , Histoire d'Angleterre Par du Chesne . Floruere faelicia arma Edovardi tertii Regis , qui de Iohanne Gallorum Rege capto , speciocissimè triumphavit . Ab hoc Edovardo Garcitenii equestris ordinis ceremoniam institutam ferunt . Pauli Iovii Britanniae descriptio . Hic est ille Edovardus qui Caletum urbem in continenti Galliae , plures menses obsessum atque expugnatum , Philipp● Galliae Regi abhinc ducentis ser nè annis ademit . Id. ib. Speed. Id. ib. It was confirmed by thirty Parliaments in the succession of eight Kings . This was the first Parliament we read of . Sir Edward Cooks 4th part of Institutes . Stow. He quartered the Arms of France with England . Speed. Gersey and Gernsey parcels of Normandy , belong to the King of England . Pro●ssards Chron. c. 130. Da● . hist. Speed. Iohn de Serres . The King of Bohemia was there slain , whose plume of Ostridge feathers won then by the black Prince , hath ever since been the cognizance of the ●rinces of Wales . His eldest son sirnamed the Black Prince the mirrour of Chivalry , not for his colour , but dreaded in Battels . He at the Battell of C●essy which bare two thirds of 8500 men , fought with little less then 90000 , and not many years after , being fewer by three fourths . The Welch his enemies , in the Battell of Poicticrs he took King Iohn of France prisoner , invironed by all the Princes & Nobility of that Kingdome . A young Prince twice a Conquerour , having vanquished his enemy , both by valour and courtesie . 〈◊〉 Serres French Hist o● Iohn King of France . Lho●d in his History of ●●ales calls him the 〈◊〉 of Chivalry of all Europe , a Prince ( saith he ) of such excellent demeanour , so valiant , wise and politick in his doings , that a perfect representation of Knighthood appeared most live●● in his person . Se● more there . p. 384 , 385. In the year 1●49 . 〈◊〉 instituit Garterium ordinem , cui ●auius deinde accessit honor , 〈◊〉 maximos quosque Reges non pen●tuc●rit in id ventre Collegium . ●olyd . Vng. hist. l. 19. Vide plura ibi● & 〈◊〉 hist. Belg. 〈◊〉 24. p. 285 , 286. Notes for div A50052-e33950 In Richardo fuit forme gratia , animus non vilis , quem consociorum perversitas improbitas , insulsitas , extiuxit● fuit item summa infelicitas , qui in talent cal●●itatem in● cidit ut in maximi beneficii perten● accepe●it , abdicare se imperio , pro quo , ●ortaies soleant 〈◊〉 omnia pro●icere . Polyd Virg. Ang. hist. l 21. He may be compared to Lewis the tenth of France , called Hu●● , which signifies mutiny , because of his ●arbulent disposition . this Montford gave the King 〈◊〉 Dan. hist. f●l . 172. Cambd. Brit 〈◊〉 Worcestershire . Mr. Bacons Uniform Government of England , part 2. c. 1. Sir Iohn Arundel had two and fifty new suits of Apparel of cloath ● gold or tissue Hollinsh . Chron. in Rich. the second . Daniels third Book of Civil Wars . ●ambd . Bri●annia in Sur●ey . Bellum Baroni●um . Haywards life and Raign of Henry the fourth . Haywards life and Raign of K. Henry the fourth . Inter flores regia dignitas penes Rosam est . Apud Anglos regia Rosa rubra stirpis Eboracensis , alba Lancast●ensis . Spelm. Aspilogia . Speed. Trussels life and Raign of Richard the second . Humfridus filius Henrici quarit , s●ater Henrici quinti , patruus Henrici sexti Regum Angliae , excoluit tum juvenis , tum etiam senex virtutem ut qui maximo . Hinc clarus domi militiaeque & bonis omnibus gratiss●mus . Amavit praeter caetera politas literas , quibus etiam impendio invigilavit . Vidi ego libellum de rebus astronomicis ab eo non infaeliciter scriptum Mecaenas ille quidem doctorum omnium , quos illis temporibus , vel Anglia , vel Gail●a , vel Italia protulii . Testes exemplaria antiquissima quidem illa numero 1296 , quae Academiae ad Isidis vi●um ▪ fitae inchoata ibidem longè pulcherrim● operis Bibliotheca liberaliter contulit . Lel. comment in Cygn . Cant. Vide ejus l. 3. de vtris illustribus . He took delight to lie lurking in high wayes , to steal from himself : for observing the times that his Tenants were to bring home his rents , he would set upon them , yea sometimes to the danger of his life ; making them make good in their accounts as much as had been stolen from them : neither could they defraud him ; for he himself knew best how much they had lost . And if they chanced to hurt or evil treat him , he liked them the better . Sir Francis Biondi of the Civil Warres of England . The Prince impatient of contradiction , and who was naturally given to blows , insomuch as he would disguise himself to seek occasion for them , gave the Judge such a Cuffe on the ear , as would have stunned any one who had been less resolute then he : but the Judge neither frighted with the blow , nor losing his former gravity , said unto him , that the injury done unto him sitting on that seat , was an offence done unto the King , to whom , and to whose Laws , he the Prince was doubly obliged ; as a Subject , and as a son , Sir Francis Biondi of the Civil Warres of England . p. 102 , 103. Sir Francis Biondi of the Civil Wars of England . Sir Richard Bakers Chronicle . Grasion . Hollinsh . Notes for div A50052-e36660 Quod benevolentiae officium nulli antea priusquam Rex renunciatus esset , praestitum constat : adeo Henricus ab incu●ta aetate ; spem omnibus optinae indolis fecit . Polyd . Virg. Ang. hist. Speed. Hic vir , hic fuit , qui à primo docuit honores , ut est in Proverbio , debere mutare mores , &c. Polyd Virg ib. Dolem . Confer , touching Success . part . 1. c. 3. He was so devout and serviceable to the Pope and his Chaplains , that he was called of many the Prince of Priests . Fox his Acts and Monum . v. l. 1. Cambd. Britannia in Monmouthshire . Speed. V. debatur Deorum hominiemque consensus & conspiratio esse in Anglicam fortnnam : cùm ecce subitò in pejus omnia labi , cunctàque retrò ferri . Henricus , ille Regum , flos ; illud belli fulmen , & suorum delicium , in medio victoriae cursu , fatis ostensus tantùm , moritur ; infante regni bellìque haerede relicto . Forstneri omissorum libe● ad l. 1. Annal Taciti . Constantius Chlorus father unto the Emperour Constantine the Great , having commanded , that all such Christians , as would not ado●● his Gods , should depart from his service : did nevertheless is banish all tho●e that denied their faith , and retained the others in his service and favour ; where●● he gave this reason , That those who had so little conscience as to be false unto their God , could not be true to him . Treasury of time● . l 9 c. 6. Hollinsh . As Henry the fifth prophesieth here of his son Henry , so Henry the sixth , afterward prophesied likewise of his son Henry . Matth. Paris hist. Ang Henr. 1. p 62. mentions also a prophesie of William the Conquerour concerning his son Henry the first . Aequanimis esto sili , & comfortare in Domino pacifi●è susti●e , ut fratres tui majores te praecedant , tu autem tempore tuo honorem totum , quem adquisivi , habebis , & fratribus tuis divitiis & potcstate praec●lles . Dux Bedfordiae , vir tam pace optimus , quam bello for tissimus Polyd. Virg. Ang. hist. l 23. Vide plura ibid. Bacons uniform Government of England . part . 2. c. 13. He lived thirry six years . His innocency gave him holiness . Sir Francis Bacon . Habingtons History of Edw. the fourth . Cambd. Brit. in Yorkeshire . Biondi . Trussells continuat . of Dan-Hist . Erat Henricus vir miti , simplicìque ingenio , qui pacem bello , qui requietem solicitudini , qui honestum utili , 〈…〉 curis anteponebat , & quodemum nihil castius , nibil probius , nihil sanctius : in eo pudor , modestia , integritas , patientia summa , qui humanos casus , aerum●as omnia id genus vitae tormenta perinde aequo animo ferebat , ac si ipsius culpa contracta essent ; continebat se , ut facilè quibus praecrat contincret , non inhiabat opes , firtebat honores , at animae tantum saluti studebat , qua sola sapienter quidem bona , ejùsque amissione mala metiebatur ac desiniebat . Polyd. Virg. Ang. hist c. 23 p. 492. In weighty matters his affirmation was forsooth and forsooth . Fuit Henricus animo liberali , qui bonarum artium studia mirabatur , & e●s diligebat , in quibus eas esse videret : quare suos ipse quoque juvit , ut doctrina crudirentur : Condidit euim Scholam magnificam ad Hetonam pagum proximum Vindesoram , in quo collocavit Collegium sacerdotum pucrorùmque magno numero , qui ibi n●●rirentur , docerentque Grammaticam gratuito . Idem Cantabridgiae autor fuit Collegiircgii , quod bodie ita disciplinarum eultu floret , ut facile omnium Collegiorum sit● Princeps . Polyd. Virg. Ang. hist. l. 24. p. 532. Daniels eighth Book of Civil Warres . His Propheticall speech . Caeterùm illud infortunium apud vulgus predigio creditur esse demonstratum : quandoquidem ferunt , cùm ipse Henricus paulò antè in Senatu ornatus regio habitu consideret , subitò coronam è capite in terram cecidisse . Polyd. Virg. Ang. hist. l. 23. Ob pictatem vir babitus sanctissimus , ob inertiam tamen inter pessi●nos Reges numerandus , nam Galliam à patresubactam amisit turpiter , ac postea deinde Angliae etiam regno excidit . Godw. de Praesul . Angl. * Philip the third King of Spain was wholly addicted to exercises of piety , alwayes fingering his Beads ; he sympathized much in nature with this King , but was not so unfortunate : for he preserved what his father left him , whereas Henry the sixth lost France where he had been crowned King in his cradle . Howel his History of Naples . Gulielmus Alnwick Episcopus Lincolniensis homo propter doctrinam & morum sanctitatem tant celebris , ut priscorum Regum sanctissimus Henricus sextus in confessionem cum sibi asciverit . Godw. de Praes . Ang. Stubbs his discourse against Q Eliz. French match . Hollinsh . Fuit Edwardus corpore proce●o , ac eminents , quippe qui inter omnes ex●ellcret statura , honesta facie , laetis oculis , patenti pectore , ingenio acri , animo magno , memoria tenacissima . Polyd. Virg. Lib 2. c. 8. he shews that an interview between two great Princes for treaty of their affairs , hurteth more then profiteth . Habingtons Hist. of Edw. the fourth . The title and claim of the house of Lancaster was but faigned . See Lamberts Perambul . of Kent . Alexander the Great sayling on a time in Tygris with divers Princes , and great Lords , it chanced , his Royall Diadem fell from his head into the River , where being in danger to be lost , a Sailer that could swim , cast himself into the water , and notwithstanding the fierceness of that stream , adventured his life , to save his Soveraigns Diadem : and having recovered it , and not being able to bring it in his hand , being of necessity to use both hands to save His life , he held it in his teeth : but being to work ▪ ●nd strive against the stream , he pu● it upon his head ; and so , with much perill of life , recovered the Ship , and presented the Emperour with his Diadem . This loyall and brave adventure of his , was most bountifully and Princely rewarded ; and moreover he had leave , and time given him , to dispose , and bestow his reward to whom he would ; but was judged to forfeir that head upon which he had presumed to put the Ensign of Majesty . The justice of the sentence is agreeable to the grounds of true policy , which in no case can admit a Subject to make himself a soveraign , no not for an hour . Crashams Rates of the Popes Custome-house . c. 13. Mr. Fox saith he meant by those words , his own house . That whip-King , as some termed him . Cambd. Brit. in Warwickeshire . Habington . Yet Henry of Bullenbrook son to Iohn of Gaunt was more powerfull . See Dr. Heylins Animadversions on the Church-Hist . of Brittain . l. 4. p. 78 , 79. Sir Francis Bacons Hist. of K. Henry the 7th . He is by generall consent numbered amongst the Kings , and named Edward the fifth , although he never wore the Crown , nor took any Oath , nor exercised any Authority . The Crown is but a Ceremony , to make the King known to his people . Sir Thomas Mores Hist. of K. Richard the third . Cambd. Brit. in Glocestershire . Speed. Cambd. Brit. in Dors●tshire . Sir Walter Rauleighs Preface to his History of the world . Is u●us fuit ex percussoribus Edovardi Principis sexti Henrici●ilii ●ilii qui demum pari est affectus caede . Ita Hastingius suo ad extremum periculo didicit , illam naturae legem secundum Evangelicum verbum , omnia quae vultis , ut vobis faciant homines , sic & vos facite illis , impunè violari non posse Polyd Virg Ang hist. l. 25. Verum id credo , non fu●t somnium , sed conscientia scelerum , conscientia , inquam , cò gravior , quò culpa major , &c. Polyd. Virg. Aug. hist. lib. 25. pag. 562. Iohn Du Scrres Hist. of France . He and Q. Mary raigned the shortest while of any since the Conquest . See Psal. 55. 23. Notes for div A50052-e42200 Primus omnium Angliae Regum stip●tore● corporis ▪ habere caepit , quod à Francis Principibus sumpsisse fertur● Polyd. Virg. The Kings Guard when first instituted . Sir Franck Bacons Hist. of Henry the 7th . Speed. Hollinsh . Chron. Vide Polyd. Virg. Ang. hist. l. 26 p. 616. Sir Walter Rauleighs Preface to his History of the world . Sir Thomas Eliots Governour . Henricus noster septimus , cùm omnes regni rectè administrandi artes calleret , sic his ornamentis instructus venit , ut cum pacem exulantem exul , extorremque extorris concomitatus esset , reducem quoque redux apportaret . Twin . Com. de reb Brit. He was a wise man and an excellent King. Sir Francis Bacons Epist. Dedicat . to his hist. He cals him in his hist this Salomon of England , not only for his actions , but wisdome . Sir Walter Rauleighs Preface to his hist. The story of England from the uniting of the Roses to the uniting of the Kingdomes is a space of time , which in my judgement contains more variety of rare events , then in like number of successions ever was known in an Hereditary Kingdome . Sir Francis Bacons Advancement of learning . l. 2. c. 7. See more there . There have died in England in these Civil Warres , since my remembrance , above fourscore person , of the bloud Royall . Phil. dem Comin . l 1. c. 2. p. 22. Quae exsurrexere factiones magnae Romanam Rempublicam pe●sum dedere . Duae quadraetae P Rempublicam illam ●vertere , patritia , & plebeia factio . Duae hic turbarunt grandes R. Rosae duae , quae in unam arctissimè mixtae , per ipsam veram mixtionem commixtae sanguinis , placarunt omnia . Albericus Gentilis de unione Regnorum isput . 2 It happened that there was fallen in communication of the story of Ioseph , how his master Potiphars wife , would have pulled him to her bed , and he ●led away . Now Master Maior quoth the King , you are a tall strong man on the one side , and a cunning Doctor on the other , what would you have done if you had not been Joseph , but in Josephs stead . By my troth ( quoth he ) and it like your Grace , I cannot tell what I would have done , but I can tell what I should have done . The King replied , He answered well . Sir Thomas Mores Dialogue . l. 1. * Sir Francis Bacons Hist of Henry the 7th . Tempore fami geratissimi istius Arthuri , de quo tam incredibilia narrantur à nostris , ut ●a●sa intermixta , veris fidem derogantia , meritissima laude defraudarint v●rum hand dubie insignem & aeterna memoria dignissimum . Godw. de praesul . Ang. Hic est Arthurus de quo Brittonum nugae bodieque delirant : dignus plane quem non fallaces som●iarent fabulae , sed veraces praedicarent historiae , quippe qui labantem patriam diu sustinuerit , infractasque civi●m mentes ad bellum acuerit . Malme●b . de gestis Regum Anglorum l. 1. c. 1. Regem illum inclitissimum Arthurum legimus duos ●●racones in suis armis portasse . Pater suus Vter , qui Pen-dragon vocabatur , habuit magnum corpus & longum , cum capite multum parvo ad fimilitudinem Draconis , qua de cause Pen-dragon , i. e. caput Draconi● vocabatur . Et sic dictus Rex Arthur portavit arma paterna , propter habitudinem corporis patris sui assumpta . Bissaei notae in Upto●um . Vide Twini Comment . de rebus ` Britannicis . p. 124 , 125 , 161. Sir Francis Bacons hist. of Henry the seventh . Id. ib. * By some Antimonarchicall Writers , whom I will not undertake to justifie . Sir Francis Bacons hist. of Henry the seventh . Nulli Regum antca cúm in● numerato tum in moventibus rebus major venerat haereditas . Polyd. Vi●g . hist. l. 28. de Hen●ico 8● . Anno Dom. 1509. He overthrew Sir William Kingstone both horse and man before three Queens . Herberts hist. of Henry the 8th . Having a desire to marry within degrees unlawfull , he set his learned men on work to prove it lawfull , and again after a while ( being cloy'd and desiring change ) set them again on work to prove the former marriage unlawfull . He never spared m●n in his anger , nor woman in his lust . Sir Naunton's Frag. Regal . in Q. E. Accuratè vacábat literis , vacabat animi gratia musicae , legebat studiosè libros divi Thomae Aquinatis , & hoc agebat hortatu Volsaei , qui totus erat Thomisticus . Polyd. Virg. Ang. hist. l. 27. Mr. Seldens Titles of honour . part . 1. c. 4. Titulus iste Cothurnus est , & cuilibet pedi , cuilibet fidei aptari potest , non minus Papae qui ●edit , quàm vestrae . Didoclav . praefat . ad Altare Damascenum . * Lib. 1. de schismate Anglicano . My Lord Herberts life of Henry the 8th Neque Romanam Ecclesiam ab Anglia expulisset Henricum , nisi prior clemens Henricus à Romana ejecisset Ecclesia . Barclasi vind . p●o Regibus advers R. Bellarm. Sanderus de schism ate Anglicano l. 1. Dii bo●i ! quomodo hic vivunt gentes ? Lever saith he did more then any Prince in Christendome before him ever did , the Pope being then so great . Lever in his history of the Defender of the Catholick faith , speaks much of the suppressing of Abbeys . And Iura Cleric . 3. More . See the Preface to Sir H. Spelmans Book De non temerand●● Ecclesi● * An old Priest ●lwayes read Mumpsimus Demine for Sumpsimus : whereof when he was admonished , he said , That he had now used Mumpsimus thirty years , and would not leave his old Mumpsimus for their new Sumpsimus . Pacaeus de fructu qui ex doctrina percipitur . Cum ab Iuae tempore ad hanc ( inquit Sleidanus Comment . l. 9. ) atatem usque Britannia Romanis Episcopis eam pecuniam dependisset , Henricus ( scilicet 8. ) omnium primus inhibuit eam amplius persolvi . Selden . Analect . Anglo . brit . l. 2. c. 4. Vide Spelman . de Consil. p. 312 , 374. Stowes Chron. in the life and Raign of Q. Eliz. He prepared the way to Reformation , as his own power and profit was concerned in it . He excluded the Popes Authority , and caused himself to be declared supreme head of the Church of Ireland . Lever in his history of the defenders of the Catholick Faith , compares him with Frederick Barbarossa the Emperour of Germany . Sir Walter Rauleighs Preface to his hist. of the world . He spake French perfectly , could declaim in Latin ex tempore and that without any sticking or stammering ; he understood Greek , Spanish , and Italian ▪ a flowing kind of eloquence he had , yet grave and polite , such as became a Prince , alwayes measuring his words by the thing he spake of . Dr. Hackwels Apology of Gods providence in the government of the world . l. 1. c. 11. Sect. 12. See more there . A piis atque eruditis praeceptoribus D. Coxo . & Johanne Checo Graecis Latinisque literis institutus , tum sa●a Religione ad praescriptam divini verbi normam imbutus aetatem longe suam doctrinae virtuteque superavit . Anglicanam Ecclesiam rudem adhuc & informem tam accuratè sincera Religious perpolivit , omnesque faces pontificias expurgavit , ut à piis omnib●● alter Josias merito dictus fit . Josc . Antiq. Brit. Magno miraculo humanarum rerum tanti ingenii & tantae expectationis p●●r educabatur , &c. Hier Card. de Edv. 6. Rege . Dr. Cox was ● utor also to Q Eliz. who recalled him from beyond seas , restored him to many Church-dignities , and appointed him to preach , that day she went to her first Parliament . Engl. Eliz. * Had he lived , he would no doubt have made a full Reformation of those foul corruptions that remained , and yet remain to this day , and would have reduced all the Churches in his Dominio●s , unto the Primitive and Apostolicall Order and Discipline , as Bucer in his Book De Regno Christi written to him earnestly desired . Whetenhall of the abuse , now in question in the Church of Christ. Haywards life and Raign of Edward the sixth . Of all the Papists in his Raign , there was not one man lost his life . To the godly there was no danger , unless it were by wealth and prosperity . Fox his Act. and Mon. A. D. 11●0 . Speed. Vide Humfredum de Nobilitate . l. 2. p. 232 , 233. Fox Martyr . vol. 3. p. 431. Ipse Rex ●●orum or efid o nuditus , aut Sitiosorum immannati ex positus , imma●●rè ( morbo an veneno incertum ) praeripitur ; incredibili ob eximias supra aetatem virtutes desiderio apud populum relicto . Apparatus ad Cambd●●i Annales . Queen Mary caused ●et to be beheaded . She was married to Philip the second King of Spain , who was long , but well proportioned . Some of her Coin was called Philip and Mary . Speed. Non natura sed pontificiorum arte ferox . Id. ib. Lever compares her to the Queen mother of France , Katherine de Medicis . The suffering in her dayes did more settle and enlarge the bounds of the Gospel , then all the preaching did in King Edward the sixth his Raign . Dr. Ames . Mr. Baco●● Uniform Government of England . part . 2 c. 34. Whose Raign was polluted with the bloud of so many Martyrs , unfortunate by the frequent insurrections , and made inglorious by the loss of Calais . Nullus toto terrarum orbe angulus est , quo non percrebuit admirabilis tua , praeter invictam animositatem & pictatem cruditio , tam Latinè disertae , ut exterorum Regum legati , docti inprimis homines , velut attoniti obstupescant , & quasi haerente in faucibus voce obinutes●●nt , re auditâ Had. Jun. Epist. Mariae Angliae Reginae . Two hundred and eleven years . It was lost in less then eight dayes . It was 〈◊〉 won by Edward the third , being the eleventh King from William the Conque●our , and lost by her the eleventh from Edward . Capto summa celeritate Cal●to , ( quem portum Galliae portam a●p●llare consueverant Angliae Reges : quo quamdiu potirentur , tamdiu g●stare se ● cingulo claves Galliae dictitahant ) quicquid Gallis creptum ducentos per annos Angli f●li●iter obtinuer ant incontinenti paucorum dierum spatio , Galliae regno restituere , atque ad veteres terminos intra occanum se recipere coacti sunt . Stradae de bello Belgic . Dec. 1. l. 1. Though many persecutions have lasted longer , yet none since Di●●●esians time ●age● so terribly . Dr. Heylius Eccles restaur . See more there . Dr Hackwel● Apol. of Gods providence in the Government of the world . l. 4. c 11. Sect. 12. Se● more there ▪ Vide Cambde ni etiam A●arat ad Annales . The Or●tion is in H●k●nsh . Chron. ●●de Saviii ▪ Orat. corom Reg●na El●z . Oxon. ●habi●a . Stradae de bello Belgic . Decas 2. l. 1. p. 11. Vide Parkerum de Politcia Ecclesiast . Christi . l. 2. c. 38. There was between these two Princes ● concurrence and sympathy in their natures and affections ; together with the celestiall bond ( conformity in Religion ) which made them one , and friends ; for the King ever called her his sweetest and dearest sister . Sir Robert Nauntons Fragmenta Reg. Cambdens Britannia in Surrey . C●mb . Brit. in Wil●shire . Gainsfords Glory of England . l. ● . c. 2. 〈◊〉 Bi●dulphs Travels . p. 25 , 26. Her name filed the Christian , Turkish , Persian , American , Indian parts . Purchas p●●grimage . 1. l. 3. c. 1. Sect. 1. See ibid. c. 3. Sect. 3. If she were a Catholick , she might be accounted the mirrour of the world , saith a secular Priest. Meteranus Rer. Belg. hist. l. 23. much commends her . That great Elizabeth of England , nurse of God , Church , God hath established her seat with justice and goodness , hath made her the terrour of all enemies of Christ , and the beauty of Europe . ●olynes of the Civil Wars of France . Bacons Uniform Government of England . part . 2. c. 34. She wrote then Tanquam ovis , as a sheep to the slaughter . He was a bold Preacher who afterwards told her , she was now Tanquam indomita juvenca . This was Mr. De●ring . They presenting to her the Bible in English at the little Conduit in Cheap●ide , she answered , I thank the City for this gift above all the rest , it is a Book which I will often and often read over . She delighted much in the love of her people . What gentle language would she use to them ? What cordiall prayers would she make for them ? Speeds Chron. Surely , Surely , a Prince so high in the favour of God , and so mighty with men , so blessed with dayes , and prosperous in her Raign , so beloved at home , and so dread abroad , so absolute for blessings , and so admired for Government , was never seen in England . William Leighs Queen Elizabeth paraleld , second Sermon . He paralels he there in her princely vertues with David , Ioshua , and Hezekiah . 1. With David in her afflictions to build the Church . First Serm ● . 2. With Ioshua in her puis●●nce , to p●otect the Church . Second Sermon . 3. With Hezekiah in her piety , to reform the Church . Third Sermon . Her Motto was Semper eadem It Plutarch were alive to write lives by paralels , it would trouble him both for vertue and fortune , to find for her a paralel amongst women . Sir Francis Bacon the Lord Chancellour Elsmere . She was the happy instrment of God to promote the Protestant Religion in all parts . May his History of the Parliament of England . l. 1. c. 1. See more there . Robert Cecil , Robert Dudley Earl of Leicester , the Lord Howard , Adm●ral● , Walsingham . What famous Captains were Generall ●Norris , Captain Williams , Morgan , the noble Earl of Essex , and others in land af●airs ? Who more renowned than Captain Drake , Frobisher , Hawkins , Candish , with the ●est in Sea travails ? Sir Philip Sidney was her great favourite . Sir Richard Bakers Chron. Bishop Iewel was the glory of her Raign for learning . Grafton in Q. Mary . Cette vivacité d' esprit , fermetè de jugement , generuse resolution aux baute● enterprises , esquelles excelloit vostre Royale & Loyale soeur là brave Elizabeth d' Angleterre . Memoires de Sully . Multa Regis Phi●●pi secundi indignationem s●●m 〈◊〉 adversus 〈◊〉 Reginam , tant● quidem 〈◊〉 sensu , ●uanto pro benefi●●is proque vi●a i●sa , quam et bis ●●tque dedisse rev Rex affirmab●t , dum conspirationum insimulatam è ●arcere , capitalique judicio liberaverat pro b●s aliis que prom●ritis alias super alias accepisse se indesinenter inju●ias agnoscebat . Viderat statim ab initio Principem Orangium . as Belgarum populos , consilio , pecunia , milite , ad defectionem ab illa concitato● ▪ I●di●rum provincias à Draco à Conditio , ab aliis ejus emissarlis v●xatas ac direptas ● regiam pecuniam interversam ▪ ac naves in Anglia r●t●●tas : ●lencon●am sp●ruptiarum ia Angliam allectum , atque inde in Belgium ad capiendam Brabantiae coronam instructum . Stradae de bello Belgico Decas 2. l. 9. Vide Cambde●●l Annales . See Purchas Pilgrim part 3 , 4 c. 9 ●ct . ● . Reginam ●um vixit ut sororem diligentissimè observavit . Anglosque pariter caeteros eximi● dilexit . Camd. Annal. An uncharitable Jesuit in a scandalous Libell , spread abroad and published some years after Q. Elizabeths death , saith , that she died without sense or feeling of Gods mercies , and that she wished she might after her death hang a while in the air , to see what striving there would be for her King●dome . Camd. Eliz. transl . Preface . Notes for div A50052-e54880 * Ita repugnante n●●ine , Scotiae Rex Angliae possessionem 〈◊〉 , prim●●sque intra omnem annalium memoriam Britanniae totam Insulam uno imperio complexus est . Groti hist. Belg. One that writes Ruinorum conspiratio , saith , Quinqus Reges ex honoratissima . S●uartorum familia , etiam eodem omnes praenomine , continu●●aserie invicem succedentes , in ips● aetatis ant flore , aut vigore extinctos acceperant : relictis semper regni haeredibus pueris aut impuneribus , qui per atatem gerendis rebus non sufficerent . Favins Theater of Honour . l. 5. c. ● . See Dr. Heylins Geog. of the Brittish Isle . See Mr. Wentworths Book before quoted . This Margaret was Grandmother to King Iames , by his father and mother . Grotii ●ist . Belg. See Osborn● Miscellanies of Es●ayes , Paradoxes . p. 6 , 7 , 8 , 9. Dr. Reynolds at its first coming out , being shewed it , read it over , and bought it , saying , he was concerned and wronged in it . Sir Walter Rauleigh his Hist. of the World , part . 1. l. 5. c. 6. Sect. 2. See more there . Vide Idaeam Rosae sive de Jacobi ( Regis ) virtutibus ●●arrationem . Quis hodie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vere amans , non optet ex animo , magnae Britanniae magnum illuns Regem , ob eximias doctrina● dotes quibus tanti neminis Majesta●i sempiternam famam circumfudit , in universals reformatarum Ecclesiarum Concilio , ad modum magni illius Constantini , Episcopis & Pastoribus , non modo ad externi ordinio conservationem , ve●ùm etiam ad controversiarum , quae hodieagiantur definitionem , aliquando pra●sidere . Gers. Buc. Dissert ▪ de Gubernat . Eccles. p. 115. * Liber à Rege ad fillum conscriptus , in quo optimus Princeps omnibus ●umcris absolutua elegantissimè depingitur . ●acre . ibtle est , quot homi●um animos & studis inde sibi conciliarit , & quartum sui expectationem cum admiratione apud omnes concitarit . Camdeni Annal. rerum Anglie part 4. p. 171. S●●vent je l' oioi plaindre , que S. M. d' Angleterre trop arreste a quelques petites dissensiones entre les siens , ● ' avoitpas asses de soin de la guerison de plus profondes playes qui sont en l' Eglise . La vie de M. du Plessis l. 2. The 29 of May is famous for our present Kings birth and return to London . * See Mr. Gatakers Vindication of the Annotat. of Ier. 10. 20. against Lilly. p. 75. Of a Feavor . His birth . Being about the age of twenty five years . God so loosed his tongue at his triall . that he spoke without the least stammering or hesitation . Sir Franck Wortley his Character Dr. Gaud●n in his Eccles. Aug. Suspiria . l. 3. c. 22. saith , he was stedfast and able in his judgement against Popery . * Letter 20. to the Queen , speaking of Religion , he saith , It is no thank to me to trust thee in any thing else but in this , which is the only thing of difference in opinion betwixt 〈◊〉 . See M. Gatakers Apologeticall Discourse aginst Lillie . Harvei excreit . 64. de generat . animal . He as well as the Countess of Desmond ( so much spoken of for her great age ) is said to have lived in the Raign of Edward the fourth . H. L'estrange . The History of the French Academy p. 220. Id. ib p. 221. Boxhornius in his Metamorphosis Anglorum , hath collected Apophthegmata Carolina . 1. Theologica . 2. Moralia . 3. Politica . The Author of the Character of him mentions his severall vertues . King Iames his Works are all in one volume in Folio , both in Latine and English. Mr. Philpots Kent surveyed and illustrated . See M. S. ●ords Loyall ●ubjects Indignation for his R●vall S●vera●gn● D●col 〈◊〉 . Primus Reformatus à Reformatis , & à suis subjectis . Salmaqi ad militorum responsio . D. Cornelius Burgess preached against it on Amos 5. 13. Dr. Gauden protested also against it . I have heard that four French Divines , Bochart , Amyraut , Vincent , and de La●gly , have written against the Kings death , of which some I have seen . The Princess of Tureine , Daillé , Gachens , and Grelin●court , have also written against it . * Effundi volo ejus sanguinem per Magistratum scilicet volo in cum animadverti , & eum capito plecti lege talionis . Mercer . Vide Paul. Fag . col . lat . Translat . in loc . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vide Grotium de jure belli & pacis l. 1. c. 3 , 4. & Cameronem ad Rom. c. 13. v. 3. Imperii sinis unicus populi utilitas . Jun. Brut. vind . contra Tyranui . * Quod asseverant cum à quo aliquis constituitur esse superiorem constituto , verum duntaxat est in ea constitutione , cujus effectus perpetuò pender à voluntate constituentis , non etiam in e● quae ab initio est voluntatis , postea vero effectum habet necessitatis . Grotius de jure belli & pacis l. 1. c. 3. Vide plura ibid. 
A66571	----	A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. 1684 Approx. 257 KB of XML-encoded text transcribed from 144 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A66571 Wing W2921 ESTC R27078 09638881 ocm 09638881 43884 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66571) Transcribed from: (Early English Books Online ; image set 43884) Images scanned from microfilm: (Early English books, 1641-1700 ; 1346:21) A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. [12], 272 p. Printed by M.C. for Jos. Hindmarsh, London : 1684. "Epistle dedicatory" signed: John Wilson. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Monarchy. Great Britain -- Kings and rulers -- Succession. 2004-12 TCP Assigned for keying and markup 2005-02 SPi Global Keyed and coded from ProQuest page images 2005-04 Rachel Losh Sampled and proofread 2005-04 Rachel Losh Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A DISCOURSE OF Monarchy , More particularly , of the IMPERIAL CROWNS OF England , Scotland , and Ireland , According to the Ancient , Common , and Statute-Laws of the same . With a Close from the whole , As it relates to the Succession of his ROYAL HIGHNESS , JAMES Duke of York . DEUT. 4.32 . Interroga de diebus antiquis qui fuerunt ante te , ex die quo creavit Dominus hominem super terram , &c. LONDON : Printed by M. C. for Jos. Hindmarsh , Bookseller to his Royal Highness , at the Black Bull in Cornhil , 1684. To the most Honorable JAMES Duke of ORMOND , &c. Lord Lieutenant of Ireland . May it please your Grace , IT was a saying of the late Earl of Ossory ( Lord Deputy of Ireland ( your Son ) at what time he deliver'd up the Sword of that Kingdom to the Lord Lieutenant Berkeley ) Action is the life of Government : Common experience tells us , Usefulness , is the end of Action , and without which ( like a Glass-eye to a Body ) a man rather takes up a room , than becomes any way serviceable . The sense of this , put me on those thoughts , I herewith present your Grace , and unto whom more fitly , than to a Person , in the defence of which , few men sate longer at Helm , or suffer'd more ; You , that hung not up your Shield of Faith , in the Temple of Despair , and never seem'd more worthy of the great place you now fill , than when farthest from it . Nor am I in the so doing , without some prospect of advantage to my self ; in as much , as if the censuring Age , shall handle me roughly on this account , under your great Patronage , I shall fight in the Shade . And now ( my Lord ) I was just breaking off , when it came into my head , that I had , in some of our late pieces , found Sir Edward Coke , often quoted , especially , to the defence of those Notions , which had better slept in their forgotten Embers ; and therefore I thought it not altogether forein to the matter , that I us'd the words of S. Peter ( 2 Pet. 3.16 . ) touching S. Paul's Epistles , In which ( saith he ) are some things , hard to be understood , which they that be unlearned , and unstable wrest , as also they do the other Scriptures , to their own destruction : I have purposely made use of him in many places , as an high Assertor of Monarchy , and Prerogative ; Those that find him otherwise , — Habeant secum , serventque — Or let him lie indifferent , my Argument depends not singly on him : which I humbly took leave to advert , and am , May it please your Grace , Your most Obedient , Obliged , humble Servant , John Wilson . THE CONTENTS . Sect. I. THat Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . 1 Sect. II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the origiginal of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . 12 Sect. III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations . Of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . 34 Sect. IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . 62 Sect. V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . 67 Sect. VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . 181 Sect. VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . 181 Sect. VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . 189 Sect. IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . 210 Sect. X. A Close from the whole by way of Enquiry , Whether an Exclusion of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , may not be as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provivided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . 236 A DISCOURSE OF MONARCHY , &c. SECTION I. That Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . GOvernment is of that absolute necessity ( if not to the being ) at least to the well-being of every thing , that without it , nec domus ulla , nec civitas , &c. nor House , nor City , nor Nation , nor Mankind , nor Nature , nor the world it self could consist ; inasmuch as the stronger would devour the weaker , and the whole run back again to its first Chaos : and therefore , the eternal Wisdom , when he had created the world , and stockt it with living Creatures according to their kinds , as if he had done nothing , while there yet wanted something more excellent to govern it , made man. Sanctius his animal , mentisque capacius altae , Deerat adhuc , & qui dominari in caetera possit ; Natus homo est — A creature not only capable of it , and that he might the better go thro with it , furnish'd out accordingly , Cognati retinebat semina coeli , but primarily design'd to it ; and , however last in act , yet first in projection ; for says the Text , Let us make man , &c. And God created man after his own likeness , &c. and blessed them , and said , Increase and multiply , &c. and have dominion , &c. and over every thing that moveth upon the earth ; by which , what other can there be rationally understood , but the supreme Sovereignty , or Dominion of one : for , if God Almighty had intended otherwise , how easie had it been , when he created our first Parents , to have form'd a multitude , and given them a joynt Commission , to have govern'd one another , or at least bade 'em gone together , and agree among themselves : but he foresaw it would not be , and therefore to avoid confusion , ( the inseparable companion of a multitude ) created but one , and erected an exemplary Monarchy in him . Neither will this less appear , if we consider that the very laws of nature lead us to a Monarchy , Natura commenta est regem , saith Seneca , de Clem. As among all irrational creatures , who having least of reason , are wholly govern'd by sense , we find some one that has a preheminence above the rest of its kind : And thus , Birds have their Eagle ; Beasts their Lion , and among them also every Flock its vir gregis : : the Fish of the Sea their Leviathan : a King over the children of Pride , for so Job calls him : and the shout of a King may be found among Bees , — Rege incolumi , mens omnibus una est ; Amisso , rupere fidem — Nor is it more founded in nature , than consonant to the Divine government of God , and a lively image and representation of him , who as sole Monarch ruleth and guideth all things : Look up to Heaven , and we find an Hierarchy among Angels ; and one Star differ from another in glory ; yet , every of them paying this homage to the Suns sovereignty , that they veil their faces , at his least appearance : Take back again to Earth , and this little world of man , has but one Body , and all the members of this body , but one head , whereon depends the will , motion , and sense ; and the greater world , but one God : He ruleth over the Angels , ( than whom he made Man only inferior ) they over Men , Men over Beasts , the Soul over the Body , Man ( again ) over Woman , and Reason above Affection : by which means , every good , commanding over what is less good by a certain combination of Powers , all things are kept in their order : whereas , were there a duplex Principium , of equal power ( as the Ancients fabled ) the commands must be contrary , and consequently thereby either ruine one another , or at least by their continual jarring , disturb the harmony of the whole : and therefore it is observable , that albeit God , who comprehended the whole system at once , and unblotted nature , thro all her Meanders ; and to every days work ( but that of the second ) said , And behold it was good , yet until he had put to his last finishing hand , i. e. made man , and giv'n him his Commission , of having dominion , It is not said , And God saw all that he had made , and they were very good : and by that Divine Commission have Kings ever since reign'd , there being no power but what is appointed of God , who according to the similitude of his heavenly Kingdom hath given unto them , the Scepters of their earthly Principalities . Nor need we go far for examples , we find it every where ; for such was Abraham taken and acknowledged by the Inhabitants when they call'd him Principem Dei ; and albeit Heaven be the Throne of God , yet we meet with another of his on this Earth , his Foot-stool ; for so we find it express'd , Solomon sate on the Throne of the Lord , as King : And in like manner the Queen of Sheba , God set thee on his Throne , to be King for the Lord thy God : As also David is called his King , and his Anointed , He giveth strength to his King , &c. and again , Hath shewed mercy to his Anointed . To which , if any man shall object , that this was spoken of a good King , a man after his own heart ; I answer , That not only Josiah who also was a good King is called the Anointed of the Lord , but Saul , a King whom God is said to have given in his anger , has this sacred Title attributed to him , in eight places in the first Book of Samuel , and in two other in the second : And the same also , we find God giving to Heathen Emperors , Thus saith the Lord to his Anointed Cyrus ; to Cyrus , whose hand I have holden to subdue Nations before him . And ver . 4. I have surnamed thee tho thou hast not known me : Howbeit tho he knew not his Founder at first , it is not long e're we find him acknowledging him ; Thus saith Cyrus the King , All the Kingdoms of the Earth hath the Lord God of Heaven given me , &c. And he that gave the title of Anointed to Cyrus , gave the stile of his Servant to Nebuchadnezzar ( who yet had sack'd Jerusalem , and led the People thereof into captivity ) when he calls him Nebuchadnezzar , the King of Babylon , my Servant ; which also is but the same , wherewith he so often favours Moses , Joshua and David . Neither is this truth , that Kings derive their power from God , less acknowledg'd by the Heathens , than us Christians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Kings are from Jupiter , saith Hesiod : and elsewere you find 'em stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , born of Jove , and nourish'd by Jove ; whereby God is made their procreant cause , as well as their conservant ; not as deriving their pedigree from Jupiter , but their Kingly honor : And what the Poet ascribes to Jupiter , the Apostle gives to God , For ( saith he ) as certain of your own Poets have said , we are also his off-spring . And what other does the Psalmist's calling them Gods import , than that they receive their Authority from God , whose place they supply , and whose person they represent ? Many also of the most ancient Philosophers acknowledg the Regal Office to be a Divine good , and the King as it were a God among men ; and that God had given him dominion ; as we have it at large in The Power communicated by God to the Prince , and the Obedience required of the Subject ; written by the most Reverend the late Lord Primate of all Ireland . In short , the Psalmist is direct in this point , Thou makest him to have dominion over the works of thy hands : And therefore when S. Peter calls Government an Ordinance of man , it is not that it was invented by men , but as proper to them , and ordained of God , for the good and conservation of human kind , and exercised by men , about the government of human Society . SECTION II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the original of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . THat God Almighty was the first King , will not be deny'd ; and that Adam was the next , appears by his Commission ( as I have shewn before ) a large Commission , and of as large extent , as having made him a mighty King , and universal Monarch , and given him an unqestionable right to his Kingdom , which was , all the inferior world , the Earth , the Sea , and all that therein were ; insomuch that it might not improperly be said of this matter , Jupiter in coelis ; terras , regit unus Adamus : Divisum imperium cum Jove , Adamus habet . And now as all things were created in order , and that the infant world might not sit in darkness , nor their posterity want a light to guide and direct them , what wonder is it , that for the preservation of that order , God erected a Dominion himself , and declar'd his Vicegerent ? Afterward , when the world began to enlarge , and men liv'd so long , that they begat a numerous posterity , Cain with his own Colony went into a strange Land , and built a City , and called the name thereof , after his Sons name , Enoch ; which double act carries the character of a Kingdom in it , and that he was as well the King , as Father of the Inhabitants : neither do the ancientest Gentiles otherwise speak of those elder times , than with a clear supposition of Monarchy . Those Kingdoms of Saturn , Jupiter , Neptune , Pluto , and the like , denoting as much , and that under those names , applied to distinct Kingdoms , not Gods , but the Monarchs of Land and Sea , in the first times were understood . And so Cicero , Certum est , omnes antiquas gentes regibus paruisse . And with him agrees Justin , Principio rerum gentiumque imperium penes Reges erat . But not a word all this while do we hear of the People , or that the original of Government came from them by way of pact or contract ; for if the power of Adam , upon his Children , and his Posterity , and so all mankind whatever depended not on any consent of his Sons , or Posterity , but wholly proceeded from God and nature , then certainly , the Authority of Kings is both natural and immediately Divine , and not of any consent , or allowance of man , and consequently , the people had no more right to chuse their Kings , than to chuse their Fathers . Besides , to examin it a little farther , if this power of paction , or contract , had been in the people , then it must lie in all the people , as an equal , common right , or in some particular part ; if in all of them , they would do well to shew how they came by it ; or if in any more peculiar part , by what Authority were the rest excluded ; it being a Maxim in Law , Quod nostrum est sine facto , vel defectu nostro amitti , vel in alium transferri non potest , Whatever is mine , cannot be lost , or transferr'd unto another , without my own act , or defect . Nor would it be less enquir'd , who were the persons suppos'd to have made the contract ? or whether all , without difference of Sex , Age , or Condition , were admitted to drive the bargain ? and if so , Wives and Children were not sui juris , and consequently could not conclude others , nor themselves for any longer time , than during the disability : Which once remov'd , they were free again : Or if all were admitted , whether it were with an equal right to every one , or with some inequality ? was the Servants interest ( if yet such a thing could be among equals ) equal with the Masters ? and if not , who made the inequality ? or if equal , who could summon the rest ? or when met , regulate , preside , or moderate ? and thus new Atlantis-men , run round the maze , not knowing how to disentangle themselves ; and like men in a mist , lose their way by seeking to find it . Whereas on the other hand , if we should admit the thing , and that Princes had no more right , than what the People shall think fit to entrust them withal , which also , they may enlarge , or restrain at pleasure : Then what follows , but that their Power is precarious , and ambulatory , and subject to be varied , according to the exigency of times , and occasions ; whereas the Jus gladii , i. e. the Sovereign Power belongs to the King , by the ordinance of God , not the donation of the People : for he beareth the Sword as the Minister of God , from whom he receiv'd it , and not as the Minister of the People , who had no right to give it , because they never had it themselves , and consequently , could not bestow it upon another , it being also another maxim in Law , Nemo potest plus juris in alium transferre , quam ipse habet , No man can give another , what he has not himself . And be this sufficient , to have been said , against that humor , That the original of Government came from the People . But to proceed , and omitting those traditional Kings , who are said to have reigned before the Flood , and of whom Xisuthur in whose time the Flood came , is supposed to be no other than Noah himself ; we have great reason to believe , that after the Flood , the sole Government was at first in Noah , and that whatever property in several , or share of Government in any part of the world afterwards , his Sons had , they had it by his sole allotment , and authority , and transmitted the same to their posterity , merely on that account ; those words seeming to import as much , These are the families of the Sons of Noah in their generations , after their Nations ; and by them were the Nations divided in the earth after the flood . And so the Son of Sirach , In the division of the Nations of the earth , he appointed a ruler over every People . Besides , if we examin Families , ( a Family being in nature before a publick Society ) we shall find them no other , than so many exemplary Monarchies , wherein the Paterfamilias , and the first-born after him , exercised all kind of Government Ecclesiastical and Civil ( so Noah curs'd Cham , and bless'd Shem and Japhet ; Abraham cast out Hagar and Ismael ) and had the power of life and death in the Family . Patris , in liberis est regia potestas ; The Father has the authority of a King over his Children : for the better understanding of which , it will be requisite ( e're I go further ) to shew what the Paterfamilias truly was , and give some instances where he us'd this regal Authority . As to the former , Paterfamilias imports no more than Familiae Pater , the Master , or good man of the house , who had the care of the Estate , and ordering the Family ; and so Tully uses it : C. Quintius , suarum rerum , Paterfamilias , & prudens , & attentus : which in English , we would call , a discreet and careful manager of his Estate . And in another place , Bono patrifamilias , colendi , aedificandi , & ratiocinandi , quidam usus , opus est ; had need of some skill in Plowing , Building , and keeping Accounts ; all which as yet , carry no more in it , than a bare care of the Family . And to the second , that this Paterfamilias had the power of life and death , Pater vitae necisque potestatem habebat in filios : A Father has the power of life and death over his Children , saith the same Tully ; not simply , and quatenus Pater , or Paterfamilias , which is the same , but by a regal Authority annex'd to it , by the right of primogeniture , whereby the elder was by the law of Nature , to rule and govern the younger , he being prior in donis , major in imperio : And so Aristotle , Parens , quod & amicus , & natu major est , praeficitur , quae species est regiae potestatis . In which sense , God speaking to Cain of his younger Brother Abel , saith , Sub te erit appetitus ejus , & tu dominaberis illi . Subject to thee shall be his desire , and thou shalt rule over him : which made Jacob so eager in supplanting his elder Brother Esau , of that birth-right ; and Elisha alludes to it , when he pray'd Elijah that a double portion of his spirit might be upon him , i. e. in comparison of the rest of the remaining Prophets , among whom he had obtained the place of an elder Brother , and to whom afterwards he became a Father . The exercise of this regal Authority is found every where ; and because examples give a quicker impression than arguments , take a few for the rest ; by this power , Judah pass'd sentence upon Thamar ; and Abraham shew'd his readiness to Sacrifice his Son Isaac ; which , had he done , and had not withal had a regal Power in himself , which own'd no Superior , less than him , that gave him the command , what justification for him had that command been , among a people , unto whom at that time , the God of Abraham was altogether unknown . In like manner Jephthah , who ( as 't is more than probable ) actually Sacrific'd his Daughter ; for the Text says he did with her according to his Vow , which was , If thou shalt deliver the children of Ammon into my hands , whatsoever cometh forth of my house to meet me , when I return ( holocaustum offeram Domino ) I will offer it up a burnt-offering , &c. and is the same word , which Isaac uses to his Father , Behold the fire and the wood , but where is ( victima Holocausti ) the sacrifice for a burnt-offering ? which is argument enough for me that her Father Sacrific'd her ; And that he did it by virtue of that regal power annex'd to him as Father , and not of any power deriv'd to him from the People , when they made him their Captain , will appear in this , that albeit such an Officer had an absolute , and independent Authority , when once elected , yet he was seldom chosen , but in times of imminent danger , which overpast , he retir'd to a private life again , as did Gideon , after he had deliver'd Israel from the Midianites ; and that 's the reason why we find such chasms and vacancies between the cessation of one Judg , and the election of another : and therefore , that Samuel judged Israel all his days was extraordinary ; and extraordinary examples neither make a rule , nor break one : so that in short , their Judges were the same in effect with the Roman Dictator some Centuries after , who was neither Sovereign Prince , nor Magistrate , but simply commissionated , on some sudden occasion for the making of War , suppressing Sedition , or the like , which ended , he was no more than a Subject himself . Neither can that of Brutus the first Consul , his beheading his two Sons , be taken to be done by him as Consul , but as having the regal power of life and death , within his Family : for , besides that the Consuls were as yet in their Biggens , they never at any time afterward had any regal power , nor could they either make Laws , Peace , or War , or so much as whip a Citizen ( but in time of War ) without leave of the People , whose Subjects and Servants they were , and might be imprison'd by the least of the Tribunes of the People ; as was Philippus the Consul , by Drusus the Tribune , for that he interrupted him as he was speaking to the people : from all which I infer , that Families ( who as I said ) were before publick Societies , were under the absolute obedience of one , who had a regal power in him , and ruled as King over them : Howbeit in after times , when Fathers began to abuse that Authority , it was thought fit to abridg them of it , and place it in the hands of the more publick Father , the King ; a Kingdom being no other than a great Family , wherein the King hath a paternal power . But to proceed ; as the world increased , so did these Families ; and being now extrafamiliated , became a part of the Common-wealth , and for want of room at home , swarm'd abroad into larger Families and Septs , but under the obedience still of one common head thereof : so Esau is called the Father of Edom , and the Dukes descended from him , were heads of Families , and Esau their chief . Hi Duces Edom habitantes in terra imperii sui , ipse Esau est pater : And we read , that Abraham when he pursued the four Kings in the relief of his Brothers Son , and Ally , Lot , set out 318 ( expeditos vernaculos ) light harnessed men at Arms , born in his own house : Yet hitherto , these may be rather called Reguli , than Reges , as being Princes of a narrow Territory , and much of the same , with the Kings we read of in the same Chapter , or the 31 Kings that were vanquish'd by Joshua . But when in process of time Kings began to encroach upon their Neighbors , and that whatever it were they had already only shew'd them , how much more was wanting , then also were their Kingdoms enlarged . And the first of this kind we read of was Nimrod , whom Bodin calls a Lordly Monarch , and the Scripture a mighty Hunter , not only in that he was a great King , or as he has it , an oppressor ; but rather , and the more probable , that he was the first that usurp'd on his Neighbors rights , to enlarge his own Dominions ; that path which he first discovered , his Son Ninus further laid open with his Sword , and left it to his Heirs , who held it , for above a thousand years ; from them , the same Sword translated it to the Medes and Persians , and from them , to Alexander by the same way ; and continued by by the same right , among his Successors , till being crumbled by them into lesser morsels , ( yet still Monarchs ) it became the fitter for the Roman Swallow , and at last an Empire again , under Octavius Caesar ; that unwieldy lump of the Roman Republick , being but a concretion of heterogeneal parts , which ( like the toes of Iron , and Clay in Nebuchadnezzar's Image ) might stick together for a while , but never incorporate : but of this , more at large in proper place . Nor were these four transcendent Monarchies the only instances of Monarchy , inasmuch as it hath gone out into all Lands ; and there is neither Speech nor Language , where it has not been heard among ' em . The Seythians , Aethiopians , Indians , Aegyptians , Armenians , Bactrians , &c. Nations famous in their Ages , were all govern'd by Monarchs ; and the Jews when they demanded a King over them , that they also might be like all the Nations , what other did they imply , but that all other Nations ( for ought at least they had heard ) were govern'd by Kings : The Cappadocians vanquisht by the Romans , had lost their King , and being persuaded by them to take a popular State , refus'd it , as declaring they could not live without a King. In short , where we meet the most ancient Kingdoms mentioned , we hear not ( so much as a Rat behind the Hangings ) the least word of Aristocracy , and as little of Democracy : That all Greece was anciently under Kings , was never doubted , and till long after Homer's time , Aristocracy was never dreamt of : And when the Roman Democracy began , is but to ask the next School-boy , when the Tarquins ended ; and therefore he that shall say of either of them , that ( in comparison ) they were more than of yesterday , may have it also said of himself , he knows nothing . But what need I run so far back , when there are so many examples before us , even at our own doors ; And therefore to pass the Polonians , Danes , Moscovites , Tartars , Turks , Abissines , Moors , &c. yea , and the salvage People discover'd by the Spaniard , and our selves in the Indies , where all of them , as guided thereto , by the dictates of nature , liv'd under a Monarchy : The English , Scots , French , Spaniard , Irish , ( the first and last only excepted during the 12 years Fever of a Rebellion ) never knew other Government than that of Kings ; and therefore if we shall follow the advice of the Prophet , State super vias antiquas & videte quaenam sit via recta , & vera , & ambulate in ea , Stand upon the old paths , and consider which is the right and true way , and walk in it : Custom and usage claims that reverence from us , as that we give Monarchy the precedency of all other Governments , not only in respect of its antiquity , beyond any other State , but as most universally receiv'd throughout the world , and consequently , allow that of Aristotle ( otherwise no great friend to Monarchy ) Necesse est eam quae à prima maximeque divina cecidit , esse deterrimam . In short , the Schools may dispute it , but time hath try'd it : Other States may have curious frames but they are soon out of order ; But Monarchy like a work of nature is well compos'd both to grow and continue . SECTION III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations , of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . I Have in the former Sections endeavoured , and I hope satisfi'd my unbyass'd Reader , that Monarchy is of Divine Institution , and has been the most anciently receiv'd and exercis'd Government throughout the world , even from the first of time : I come now to shew , that all other notions of Government , of what kind soever , have a natural tendency to Monarchy , and like massie bodies , retain a trepidation , and wavering , till they fix , and settle on the same centre , whence they were first moved : Nor can this be more readily effected , than by examining them apart , by which means , and comparing one with another , we shall be the less apt to mistake . The common receiv'd forms of Government , have been three , viz. Monarchy , Aristocracy , and Democracy . If the Sovereignty be in one only Prince , 't is a Monarchy : If all the people be interessed therein , as in one Body , 't is a Democracy , Republick , or Popular State : If but some part of the People , whether excelling in Virtue , Wisdom , Riches , Nobility , &c. have the Sovereign Command , as in one Body , and so give Laws to the rest , 't is an Aristocracy , Optimacy , or Government of the better for t . Now because , as says Aristotle , Degenerat regia potestas in Tyrannidem , Aristocratia , in Oligarchiam , Respublica , in Democratiam , Monarchy degenerates into Tyranny ; Aristocracy into Oligarchy ; a Common-wealth into Democracy : which yet Machiavel takes for the same ; and therefore says , Democracy degenerates into Anarchy , and that ( of course ) runs into Monarchy ; it being but natural , that when the Populace have toil'd , and moil'd , and even giddied themselves in the wild Circle , that they even sit down , and rest themselves where they first sate out : And here it will not be amiss , to examin that sphere of Government , which himself and others of that humor , have made to themselves : viz. That in the beginning of the world , men liv'd at large , as other Creatures ; but when they began to multiply , they began also to come nearer together , and then , whether it were that the people ( as they would have it ) chose the strongest , or that he took it by force , came Monarchy into the world : but afterward , when by frequent Injuries , and Rapines on each other , men began to consider how they might keep what they had , safely , how unjustly soever they had gotten it , then came in Laws ; and from them , property ; and then , not the strongest , but the wisest had it ; and in memory of the Father's virtue , his Son continu'd it , and from thence , came hereditary Monarchy : but his Posterity , forgetting that patrum virtus , and living ( perhaps ) as if they thought the only character of a Prince , was to exceed others in Rapine and Luxury , they fell by degrees , into the peoples hatred , and that made the Prince afraid of them ; and that fear ( which creates an object , where it cannot really find it ) increasing , he began to study a revenge , oppressing some , disobliging others , until at last it insensibly altered into Tyranny : And from thence came conspiracies ; not of the poorer , but the better sort , whose spirits not brooking it , they buzz'd notions into the peoples heads , and finding them pleas'd , laid hold of the opportunity , and heading the Multitude , both took Arms together , and thence came Rebellion ; and having conquer'd that Government , the Mobile vulgus ( as Virgil calls 'em ) ever desirous of a change , in hopes of battering their condition , and fond of any thing , but what they were last , submitted to those that rais'd 'em , and help'd 'em to conquer ; whereupon , superinducing new Laws , they alter'd the Government , and thence came Aristocracy : but , as man being in honor abideth not , they , and such as follow'd them , least minding the specious advantages they propos'd to the people , e're they got them to rebel , and not contented with a civil equality , but blinded by ambition , and taking upon them , by excluding some of the best by degrees , to grasp the Power into the hands of a few , and those , the least worthy , the Government was again changed , and from an Aristocracy , brought to an Oligarchy ; so that the Multitude weary of both , and ready for another change , resolv'd to restore neither , and concluded on a Popular State wherein every man taking upon himself to have an equal right in the Government , it insensibly lost it self in the Mare mortuum of Anarchy , and upon the whole matter , finding that in all this rotation , they had rather lighted on some new Physician , than any remedy for the Disease , they return'd to Monarchy , and after all turns of the Compass , came about and setled in the same point again . And thus , Pigmalion like , men form an image to themselves , and then fall in love with 't : and tho the question be yet to be granted , that the Sovereign Power was ever in the people , yet it is sufficient to prove my Argument , That all Governments have a natural tendency to Monarchy , and the reasons are obvious . For , if we consider Aristocracy , besides that it will be hard to determin who are the most virtuous , wisest , richest , and most noble , or what shall be the true number of the Commanders , by reason of the multiplicity of the pretenders ( for the more generous they are the more factious will they grow , their consultations be the more difficult , and sooner discover'd ) how will it be avoided , but that ( as in Corporations ) the greatest part , i. e. most voices , will over-rule the sounder , and the better ; and the more men there be , the less effects will there be of virtue , and wisdom , when the best men shall be always vanquish'd in number , by the vicious , and the resolutions of the lesser , but sounder part , overwhelm'd with the gaggles of the Factious , and Ambitious : They are also in a continual distrust of one another , and fear of the people , whom for that reason , they dare neither train to Arms , nor trust Weapons in their hands : so that in effect , they have a kind of Wolf by the ears , hold him in , then endanger biting ; let him go , then are torn in pieces . So then if the Tyranny of one be pernicious , that of many must be much worse , yet neither so dangerous , as that of a multitude , where no one commands , and no one obeys , and to ask counsel of whom ( as in times of old they did ) what other were it than to seek wisdom of a mad man ? with whom , on all occasions , instead of argument , — Faces & saxa volant , furor arma ministrat . Whereas in difficulties they stagger to and fro , and are in dangers , confounded : and therefore , one would think , when the Poet describ'd the Chaos of old , that he carried somewhat more under it , and meant the common people , — Rudis indigestaque moles ; Nec quicquam nisi pondus iners ; congestaque eodem Non bene junctarum discordia semina rerum ; Obstabatque aliis , aliud — Besides which , the end of all good Government is to flourish in virtue , justice , valor , honor , &c. but the end of a Popular State , is to banish all of them , as may be seen in Athens , and Rome ; that by advancing the most unworthy men to Offices , and Dignities , they may make room for themselves ; or at least ( as Marius and Pompey bought ) get money for their Voices ; in which case , who can blame him for selling by retail , what he bought in gross ; more than he 'd condemn a Woman , who having abandon'd her honor , makes the best of her Trade : In short , what shall be said , when in most Common-wealths of the Ancients , instead of Majesty , and Justice , we find nothing but licentiousness , and impunity ? and how much it was improv'd for the better , in our late times , among our selves , I appeal to the yet calamitous remembrance of it , when every man did what was best his own eyes , and for the same reason also , There was no King in Israel . And now , who would not rather wish a Tyranny , than an Aristocracy , or Democracy ; for as many wise skilful Pilots , hinder one another , in striving to govern the Helm , so will many men , of what condition , wisdom , or virtue soever they may be , when every one shall seek to govern the Common-wealth , according to the vain images of his own fancy , or abus'd imagination : In short , in the multitude of Counsellors , there is wisdom , but the determinative part ; is better performed by one , who having digested their opinions , will the readier execute that , which the other would scarce resolve on , without contention ; it being the nature of Ambition , rather to see all lost , than admit another , wiser than it self , or hazard the disrepute , of changing its opinion . But to proceed ; and here , not to weary my Reader with the state of Athens , under the thirty Tyrants , or the Lacedemonians under their Ephori , who tho they carried the specious shew of restraining their Kings , were indeed , a scourge , and plague to the people ; I shall only insist on the Romans , whose infancy for about 250 years ( for so Florus reckons it ) was under Kings : And to the same purpose Tacitus , Urbem Roman à Principio , Reges habuere : After this , upon expulsion of the Tarquins , they set up two Consuls , but not satisfied with this also , the people take Arms , and leaving the City , declare they will not return , unless there be appointed some Tribunes of the People , who might bridle the Disorders of the Consuls , and the wealthier sort ; and 't is granted : nor would this yet satisfie ; they must now know , what the Law was , and to that end it must be written in twelve Tables , for the doing of which , the Consuls were laid by , and the Decemviri created , with the Power , quam modo Consules , olim Reges habuissent ; interim , cessare omnes magistratus alios , donec juxta leges creati fuerint ; but they ( as says the same Author ) having made an agreement among themselves , and bound it with an Oath , that no one should oppose another , but what was approv'd by one , should be approv'd by all ; that they would admit no other to be joyn'd to them , but hold an equal Authority among themselves , Maximamque partem rerum pro imperio , multa tyrannice agerent ; the People took Arms again , and wholly destroy'd their power , ( and as saith Florus , laid their persons in chains ) the third year from the time they were first set up ; and thereupon the Consuls were again restor'd . Add to this the several Seditions of Tiberius Gracchus , slain by Scipio Nascica : that other of his Brother Caius , slain by the Consul Opimius : A third of Appuleius Saturninus , suppress'd by Marius , and that other of Livius Drusus , by Philippus the Consul . As also the bloody outrages between Marius , and Cinna , against Sylla , of which last ( not to excuse either of the former ) Plutarch says , that he had slain 100000 men , 90 Senators , 15 of Consular Dignity , and 2000 Gentlemen : And touching Marius , that of Ovid may not improperly be applied , Ausus & è media plebe sedere Deus . Yet all this will be little more than the beginnings of evil , if we consider that Monster of three heads ; for so those times call'd it , viz. Crassus , Caesar , and Pompey : the first was wealthy , even to a Proverb , Crasso divitior ; and yet , still gaping for more : the second was for bringing himself into Estimation and Authority ; and the latter , for keeping what he had already gotten ; all were alike greedy of Power , and therefore no wonder if they so easily agreed for invading the Common-wealth ; Caesar takes upon him Gaul ; Crassus , Asia ; and Pompey , Spain : This ( rope of Sand ) held together for 10 years ; and such I call it ; for Crassus being slain in Parthia , and there wanting a third , to ballance the other two , they quickly broke asunder : Pompey , begins to suspect Caesar's Wealth , and Caesar casts an ill eye on Pompey's new Authority ; Nec hic ferebat parem , nec ille superiorem : Nefas ! Sic de Principatu laborabant , tanquam duos tanta imperii fortuna non caperet . The one brook'd not an Equal , nor the other a Superior : Impossible ! they made such work who should be Chief ; as if the fortune of so great an Empire were too little for two . In short , they made such havock between them , that any one region of the world was too little to contain it ; and therefore it spread thro the whole ; for Pompey having the ill fate of surviving his Dignity , in the loss of his Army at Pharsalia , and to be as treacherously murdered , by his friend Ptolomy , King of Alexandria , to whom he had fled for succor , his Sons took up the quarrel ; of whom , Cnaeus ( the younger ) flying wounded from the Battle of Munda in Spain , was pursued by Caesar , and slain ; from which , Sextus ( the elder ) escaping , and having gotten together 350 Ships , he was ( after the death of Caesar ) overthrown in a Sea-fight near Sicily ; whence flying into Asia , he fell into Anthony's hands , and was there slain : of which Martial , Pompeios juvenes Asia , atque Europa , sed ipsum Terra tegit Libyes ; si tamen ulla tegit : Quid mirum toto si spargitur orbe ? jacere Uno non poterat tanta ruina loco . And now , every thing following the good fortune of Caesar , it was not said to the Senate , And will ye be last to bring the Conqueror home ? No , they prevented it , for besides the bringing his Statues into their Temples , inscribing a month of the year to him , &c. they met their Enemy in the way , and having new studded the word Imperator , welcom'd him in , with the supernumerary Titles , of Pater Patriae , Consul in decennium , Dictator in perpetuum , Sacrosanctus , & Imperator . But ( O the uncertainty of human condition ! ) deprav'd natures are never reconcil'd ; and such , those his Flatterers prov'd to him ; for upon a Conspiracy of Brutus , and Cassius , and other Senators , he was murder'd in the Senate ; they not longer nevertheless surviving it themselves , than in the effects of that Parricide , to have beheld that liberty lost , they had made such bustle to restore . And here again , Rome found the want of a Head ; for Sextus Pompeius having ( as I said before ) set up at Sea , to recover what his Father had lost by Land , and failing in it ; Octavius must be reveng'd of the murderers of Caesar , who had adopted him ; Antony , of them who had declar'd him an enemy ; and Lepidus , ( whose only business , in hopes of Wealth , was to fish in troubled waters ) comes in as fuel to a flame , and joyning with Octavius and Antony , they made a Triumvirate ; and under the common pretences of revenging the murder of Julius Caesar , and setling the Common-wealth , which was much out of order , had chief Power and Authority for five years , which expiring , they refus'd to resign , but held it other five , enacting , or reversing , what laws they pleas'd , and that , without the consent of the Senate , or People ; and having divided one Common-wealth into three Monarchies , viz. Africk , both the Sardinia's , and Sicily to Octavius : All Spain and Gallia Narbonensis , i. e. Languedoc , Daulphine , and Provence , to Lepidus ; and the rest of France of either side the Alps , to Antony ; the defence of Rome , and Italy , is left to Lepidus , while the other two , advance against Brutus and Cassius , who ( by a mistake ) having lost the day , kill themselves : Upon this , the Conquerors return to Rome , and exercising all cruelty whatever , without any regard of person , or condition , they proscribe and banish at pleasure : Lepidus gave up his Brother Lucius Paulus , to gratifie Octavius : Antony , his Uncle L. Caesar , to requite Lepidus : And Octavius , his friend Cicero ( whose advice had given him the Empire ) to appease inexorable Antony , concerning the Philippicks : And now , nothing but slaughter bestrid the Streets , when besides the incredible number of Roman Knights and Citizens kill'd in the broil , there were no less than 130 Senators proscrib'd between them , and of whom those last mentioned , were three . And now one would think all had been at quiet , the Common-wealth ( as I said before ) being divided into three Monarchies , and Antony married to the Sister of Octavius , yet all would not do ; for Antony being gone for Egypt , and Sextus Pompeius overthrown , Octavius makes War on Lepidus , whose softness and irresolution made him submit , with the loss of his share of the Triumvirate ; and thence , to keep a War ( as he had never less than reason to suspect it ) from home , he follows Antony , whose sensuality , and unpursutiveness lost him the sole Empire of the World ; for Octavius having overcome him and Cleopatra , in the Naval Battle of Actium , the Morning and the Evening of the Roman State , made but one day , and the Sovereignty once more coming into one hand , the Temple of Janus was now the third time clos'd : Upon which , applying himself to preserve that peace he had so happily restor'd , he made severe Laws to restrain those evils , a peaceable Age is but too prone to run into ; in due sense of which , it was debated in Senate , An quia condidisset imperium Romulus vocaretur ; sed sanctius & reverentius visum est nomen Augusti . And it may be observ'd , that from the expulsion of the Roman Kings to the Reign of Octavius Augustus ( about 450 years ) there was seldom above 10 years , without some Civil War , or some Sedition ; whereas Augustus kept the Empire in peace for above 50 years , and so it continu'd after his death , till the Pretorian Bands began to chaffer for the Empire , and others , to comply with them , gave an Empire for an Empire . And now e're I close the Argument , it may not be amiss to recollect , what the Historians , and Poets , that speak of those times , thought of it . Neque aliud discordantis reipublicae remedium , quam ut ab uno regeretur , saith Tacitus : Nor is Florus , who wrote not long after him , in any thing short of him . Gratulandum tamen in tanta perturbatione est , quod potissimum ad Octavium Caesarem summa rerum rediit ; qui sapientia sua , atque solertia perculsum undique & perturbatum , ordinavit imperii corpus . Quod ita haud dubie nunquam coire & consentire potuisset , nisi unius praesidis nutu , quasi anima , & mente regeretur . We have this yet in so great a confusion , to be glad at , that the upshot of all came back to Octavius Caesar , rather than another ; who by his Wisdom and Policy , brought the shatter'd , and disorder'd body of the Empire into frame again ; which without dispute had never met , and joyn'd together , had it not been actuated , by one chief Ruler , as with a Soul , and Intelligence . And to the same purpose L. Ampelius , ( who wrote before the division of the Empire ) speaking of the several turns of the state of Rome , and the uncertain condition of the people , Donec exortis bellis civilibus , inter Caesarem , & Pompeium , & oppressa per vim libertate , sub unius Caesaris potestatem redacta sunt omnia , Until those Civil Wars between Caesar and Pompey began , and the publick liberty over-born by violence , all things were reduced under rhe obedience of one Caesar. And what the much ancienter Homer's sense of having many Lords , was , we have every where , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Nec multos regnare bonum ; Rex unicus esto . And the reason of it is clear . Nulla fides regni sociis , omnisque potestas Impatiens consortis erit . — And so another , — Summo nil dulcius unum est Stare loco , sociisque comes discordia regnis . From all which we may gather , That all Governments , of what kind soever , have a natural tendency to Monarchy , and ( like Noah's Dove ) find no rest , till they return to the same station , whence they first departed . It being impossible otherwise , but that ( as Lines from the Center ) the farther they run , the farther they must separate . SECTION IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . I Have hitherto , according to my method propos'd , discours'd of Monarchy in general ; it remains now that I bring it down to some particulars : I 'll begin with the Kingdom , God erected among the Jews ( his own People ) and shew , That the Monarchy among them , was supreme , and independent : And here we 'l take the case as we find it in Samuel . Samuel was become old , and his Sons not walking in his ways , had distasted the People , who ask of him a King to judg them like all the Nations ; Samuel is displeas'd , but God commands him to hearken to them , howbeit to protest solemnly against them , and shew them the manner of the King , that was to reign over them , which he accordingly does , viz. He will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots : He will take your fields , and your vineyards , and your oliveyards , even the best of them and give them to his servants , &c. A hard saying no doubt , whether we respect their persons , or their possessions , and yet he calls it Jus Regis qui imperaturus est vobis , thereby also implying , that such was the manner of all other Nations . And when he wrote it in a Book and laid it up before the Lord , he calls it Legem Regni , The Law of the Kingdom ; and yet a King they must have , and had him , adding to that of Samuel , this other , of their own desires , that he might have the absolute power of Peace , and War ; and this appears within the very letter of their demands , viz. That he might judg them , which is the power of Peace , and go out before them , and fight their Battels , which is the power of War. And what Authority he had in matters of the Church may be seen in this , That Solomon of himself thrust out Abiathar ( the High-Priest ) and appointed Zadok in his room . And that even the Horns of the Altar were no Sanctuary against him in case of Treason , may be also seen in Adonijah and Joab ; and yet we cannot so much as gather , that God was offended with him for his so doing , or that his person was the less acceptable to him , by reason of those matters . To which if it be objected , That God gave them a King in his anger : I answer , Moses having foretold the Israelites , that when they came into the Land , they would be asking a King , charges them to set him over them , whom God should choose ; which shews , That a popular Election was utterly forbidden them : yet they , weary of such Judges , as had succeeded Moses , and whom God had raised to rule them as Kings , demand a King , like all the Nations , i. e. of a more absolute power , than those Judges had : and therefore , not staying Gods time , but taking upon them to be their own Carvers , he is said to have given them a King in his wrath , in that they had not rejected Samuel , but himself , who had appointed Samuel . In acknowledgment of which , and as sensible of their error , they ever after accepted their Kings by Succession , unless only , when their Prophets had anointed and ordained another , by Gods special designation : Nor do we find any one in Holy Writ , chosen King by the Children of Israel , but Abimelech the Bastard of Gideon , and Creature of the People , who also came in by Conspiracy and Murder : And ( as it seems probable ) Jeroboam , who made Israel to sin ; for they had sent to him ( at that time , a discontented Fugitive , in Egypt ) and he headed them , in a complaint of Grievances to Rehoboam , which occasion'd the revolt of the ten Tribes ; both which yet , reigned as wickedly , as they entred unjustly , and perish'd miserably . SECTION V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . I Have now brought my Discourse whither I first design'd it , and therefore to avoid confusion , which ever attends the being too general , I shall first shew my Reader , what I mean by a Supreme Imperial Monarch , at this day ; and in the next place , prove the Kings of England , &c. are such : And lastly , that however the Emperors of the West and East , have so much striven about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also and justly from ancient Ages used it , as no less proper to their own independent greatness . As to the first , The Regal Estate and Dignity of a King is of two sorts , The one Imperial and Supreme , as England , France , Spain , &c. who owing no service to the Majesty of another , is his own Master , and hath an absolute Power in himself , no way subject to the controul of another : and of such a one speaks Martial . Qui Rex est , Regem ( Maxime ) non habeat . The other , an Homager , or Feudatary , to another King , as his Superior Lord ; such as that of Navar and Portugal ( of old ) to Castile ; Granada , and Leon , to Aragon ; Lombardy , Sicily , Naples , and Bohemia , to the Empire ; six parts of the Saxon Heptarchy , who acknowledged the seventh , Anglorum Rex primus ; and such was Aella , King of Sussex ; the Kings of Man and others , of whom I shall have occasion to speak hereafter . hereafter . The first of these is what I intend , and will be the better made out , if we cast our eyes a little on the marks of Sovereignty , and then , consider wherein they differ from our own Laws . And amongst others , we find these , 1. The Power of making Laws ; and so what our English Translation calls , Judah my Law-giver , is in the vulgar Latin , Juda Rex meus , Judah my King : This power being one of the principal ends of Regal Authority , and was in Kings , by the Law of Nature , long before Municipal Laws had any Being , the people at that time being govern'd by a natural equity , which by the Law of Nature , all were bound to observe : And so the Poet , — Remo cum fratre , Quirinus Jura dabat populo — The like of King Priam ; — Jura vocatis More dabat populis . — And of Augustus , — Legesque tulit justissimus Auctor . So Cicero speaking of Julius Caesar ( as a Law-giver ) saith thus , Caesar , si ab eo quaereretur quid egisset in Toga , Leges se respondisset multas , & praeclaras tulisse ; Though many yet received Laws , at the will of their Prince ; and thus , Barbaris , pro legibus , semper imperia fuerunt : which word barbarous , at that time , carry'd no disgrace with it , but was apply'd to them , that spoke a strange Language ; And so the Hebrews called the Egyptians ( of all other Nations , the most civiliz'd , and learned ) for that they us'd the Egyptian Tongue , and not the Hebrew , as we have it in the Psalmist , When Israel came out of Egypt , and the house of Jacob ( de gente barbaro ) from a people of strange language . And as they gave Laws to others , so were they loosed from the force of them themselves , i. e. from all coactive Obedience , or Obligation , to any written , or positive Law. Thus M. Antony , when press'd by his Cleopatra , to call Herod in question , answer'd , It was not fitting a King should give an account of what he did in his Government , it being in effect , to be no King at all . And to the same purpose Pliny , Ereptum principi , illud in principatu beatissimum , quod non cogitur . Another mark of Sovereignty is the power of Peace and War , and which , as Bodin says , was never doubted to be in a King. In like manner to create and appoint Magistrates , especially such , as are not under the command of others . The power of the last appeal . To confer Honors . To pardon Offenders . To appoint the Value , Weight , and Stamp of his own Coin , and make Forein Coin currant by Proclamation . To receive Liege Homage of an inferior King. And bear those Titles of Sacred , and Majesty , only proper to Sovereign Princes , apart from all others ; of which you may read at large in Bodin . But I come to the second . That the Kingdoms of England , &c. are a Supreme Imperial Monarchy ; which will the better appear , when by examining those marks of Sovereignty , we find no more in them , than what the Laws of these Realms have ever acknowledg'd , to be the undoubted right of our Kings ; and that , whether we respect the Common Law , Statute Law , or their Power , in Ecclesiasticks . I 'll take my rise from the marks of Sovereignty . 1. The Power of making Laws . The Laws of most Kingdoms ( saith the Lord Bacon ) have been like Buildings of many pieces , patcht up from time to time , according to the occasion , without form or model ; and as to our own , that they are mixt as our Language , of British , Roman , Saxon , Danish , Norman Customs . Edgar the Saxon collected those of his time , and gave them the force of a Fagot bound , which formerly were dispersed . The Danes impos'd upon us their Dane-Law : And the third of that name before the Conquest , Ex immensa Legum congerie quas Britanni , Romani , Angli , Daci condiderunt , optima quaeque selegit , & in unam coegit , quod vocari voluit Legem communem . Some of which bear his name to this day , as Ordain'd by him : After him , William the Conqueror ( whom Polidor Virgil calls our Law-giver ) brought in somewhat of a new Law , as may be seen in this , That tho he made but little or no alteration in the Fundamentals , but formulis juris , he found here , yet , whether it were to honor his own Language , or to shew some mark of Conquest , he set forth his Publick Edicts in the Norman Tongue , and caused our Laws to be written in the same : And likewise , his Justiciaries , Lawyers , and Ministerial Officers , being at that time all Normans , it may be none of the least reasons why all our Pleadings and Entries were in that Tongue , until altered by Statute , That because of the great mischiefs that had hapned to divers by means of the said Laws being written in the French Tongue which they understood not , That therefore all Pleas for the future , should be pleaded in the English Tongue , and enrolled in the Latin , and that we receiv'd our ancient Tenures , from the Normans , is obvious every where . And King John planted the English Laws in Ireland . But to come nearer home , and examin how our present constitutions agree with it ; nor are they other than what has been the Practice of all former Parliaments , wherein , both Houses are so subordinate to the King in the making of Laws , that neither of them singly , nor both of them together , can make any binding Law without the Kings concurrence ; they might in all times ( 't is true ) propose , advise or consent , or , to borrow a Metaphor , Spawn of themselves ; but in the Royal Consent only ( like the male touch ) lay the vis plastica , which gave the Embrion life , and quicken'd it into Laws ; and the reason of it is , because the Legislative Power resideth solely in the King , ut in subjecto proprio , and the consent of the Lords and Commons , is no sharing of that Power ( which is indivisible ) but a requisite condition , to complete the Kings Power : for otherwise , all those Bills that have pass'd both Houses , and for want of the Royal-Assent , lie buried in oblivion , might as occasion serv'd , be rak'd from their forgotten Embers , and set up for Laws . Which also further appears in the several forms of our Kings giving their Royal Assent , as Le Roy voit , Le Roy est Assensus , Le Roy Advisera , &c. and makes good this point , That the Power of making Laws , resides in the King , and that he may , as he sees cause , either refuse or ratifie : And this the Law of Scotland calls , his Majesties best , and most incommunicable Prerogative . And as the Legislative Power resides in the King solely , so also , to him belongs it to interpret those Laws : Si disputatio oriatur , Justiciarii non possunt eam interpretari , sed in dubiis & obscuris Domini Regis erit expectanda interpretatio , & voluntas ; cum ejus sit interpretari cujus est condere ( saith the Lord Ellesmer from Bracton and Britton ) His is the interpretation of the Law , whose is the Power of making the Law. In his recurrendum ad Regem justitiae fontem ; whence he is said to carry all the Laws ( in scrinio pectoris sui ) in his Breast . To give one instance for all , When King Charles the First ( of happy memory ) had just given his Royal Assent , to the Petition of Right , he told the Houses , That his meaning was to confirm all their Liberties , as knowing , that according to their own Protestations , they neither meant , nor could hurt his Prerogative , &c. And on the last day of the Session , before his Royal Assent to the Bills , saying , he would tell them the cause , why he came so suddenly to end that Session , he adds , Tho I must avow that I own an account of my actions to none , but God : And again , charging both Houses , with their Profession , during the hammering that Petition , that it was in no ways to trench upon his Prerogative , saying , they had neither intention nor power to hurt it , he commands them all to take notice , that what he had spoken , was the true meaning of what he had granted , But especially ( adds his Majesty ) you my Lords the Judges , for to you only , under me , belongs the Interpretation of Laws , for none of the Houses of Parliament , joynt , or separate ( what new Doctrin soever may be raised ) have any power , either to make , or declare a Law , without my consent . And as the King is the sole Lawgiver , and Interpreter of that Law when given , so also is he exempt and free from the Law , for as much as concerneth the coactive force of the Law , as being the Head of the Law , and of the Common-wealth , and consequently no man can give Sentence of condemnation against him , if he do any thing against that Law : for besides that every Sentence must be given by a Superior , upon his Inferior : there must be some Supreme , whereunto all are subject , but it self , to none ; because otherwise , the course of Justice would go infinitely in a Circle , every Superior having his Superior , without end , which cannot be : yet admitting it might ; the People cannot do it , for they have no power themselves ; or if they had , are his Subjects : and a Parliament cannot do it ; for besides that they are his Subjects also , and not his Peers , who shall try him ? for he is Principium , Caput , & finis Parliamenti ; and it can neither begin , nor end , without his Presence in Person , or by Representation ; and hence it is , that his Death Dissolves them . Again , if the People may call him to account , the State is plainly Democratical ; if the Peers , it is Aristocratical , if either , or both of them , 't is no way Monarchical , which is directly contrary to the known Laws of the Land , for Omnis sub Rege , & ipse sub nullo , nisi tantum sub Deo ; Every man is in subjection to the King , and he , to none but God ; and so the Oath of Supremacy declares him the onely Supreme Governor of this Realm , of which , more hereafter , when I come to speak of the Statute-Law ; and therefore if the King refuse to do right , seeing no Writ can issue against him , there is a place for Petition , and if that prevail not , Satis ei erit ad poenam ( saith the same Bracton ) quod Dominum habeat ultorem . And with this agreeth that of Horace , Regum timendorum in proprios greges , Reges in ipsos , imperium est Jovis . And in this respect , a Prince is not loosed from the Law , for as much as concerneth the directive Power of it , but having not the Law , becomes a Law to himself , as well knowing , — Observantior aequi Fit Populus , nec ferre negat , cum viderit ipsum Auctorem parere sibi — 2. As to the Power of Peace and War , It is the right of the King ( saith Fitzherbert ) to defend his Kingdom as well against the Sea , as against Enemies ; which implies , that it is his right to defend it against Enemies ; and how can he do it without the right of his Sword , when , if he should be oblig'd to pray in Aid of others , perhaps they may be of another mind , or take up so much time in the Debate that the Kingdom may be lost ere they resolve what to do : And this I take to be one of the effects of Con-si-de-ra-ti-on , in those matters , whose good or ill fortune solely depends on Expedition , and Secresie : for , Dangers , ( as the Lord Bacon saith ) are better met half way , than by keeping too long a watch upon their approaches ; for if a man watch too long , 't is odds he will fall asleep . But to proceed ; Sir Edw. Cooke says , no Subject can levy War within the Realm , without Authority from the King , unto whom it only belongeth ; and that it was High-Treason at the Common Law , before the Statute De proditionibus : And in Calvin's case , he makes it clear , That to make Leagues , or denounce War , only belongs to the King , who without his Subjects , may grant Letters of safe Conduct , and Denization ; and that this high point of Prerogative Royal , cannot be conferred upon any other , it being a right of Majesty , and among the badges of Supreme Power : And now one would think this were enough , and yet a late Statute of this Kingdom makes it yet clearer , it being thereby declared , That the sole Supreme Government , Command , and disposition of the Militia , and all Forces by Sea and Land , and of all Forces and places of Strength is , and by the Law of England ever were , the undoubted right of his Majesty , and his Royal Predecessors , Kings and Queens of England ; and that both , or either of the Houses of Parliament cannot , nor ought to pretend to the same , nor can , nor lawfully may , raise or levy War , Offensive , or Defensive , against his Majesty , his Heirs and lawful Successors , &c. all which is not introductive of a new Law , but declaratory of the old , as may be further seen by the penning thereof . And now what can be added more , but the Purse , without which , what 's the Sword , but ( as the Greek Proverb has it ) A Bow , without a Bow-man ? For in as much as Mony is the Sinews of War , and Peace ( firmamentum belli , ornamentum pacis ) they that hang the Sword on one side , and the Purse on the other , seem to me , to hazard both ; for neither can any sudden danger ( * of which the King was ever thought the Judg ) be stav'd off , nor War carried on , nor the Publick Peace be long preserv'd , without it . And therefore on such occasions have Parliaments advis'd and assisted the King in supplying his Wants , without directing him ; it seeming hard , that he should have Power to Proclaim War , and not be able to maintain it ; and be bound to defend his Subjects , but deny'd the means . Qui dirimit medium , destruit finem . 3. As to the creation and appointing Magistrates , and Officers , especially such as are not under the command of others , this also resides solely in the King ; for , besides what I have said in the last Paragraph , touching his sole Power , in the ordering and disposing the Militia , and all Forces by Sea , and places of Strength by Land , His is the appointing , all the great Officers , and Ministers of the Realm , whether Spiritual , or Temporal ; the highest , immediately by himself ; the inferior , mediately by Authority derived from him , and as it were , — De lumine , lumen . So the King appoints the Lord Commissioner and all other the grand Ministers and Officers of Scotland ; and the Lord Lieutenant , Lord Deputy , Lords Justices and all other the grand Ministers and Officers of Ireland , who also ( but in his Kings name ) appoint under him , according to the extent of their respective Commissions ; so the Kings of England have , and may at this day by Letters Patents make a Prorex , Locum tenens , or Guardian of the Realm , before whom ( in their absence in remotis ) a Parliament may be held : And such was Edward Duke of Cornwal , 13 Edw. 3. Lionel Duke of Clarence , 21 Edw. 3. John Duke of Bedford , 5 Henry 5. And the Test of the Writ of Summons shall be in the Guardians name : or , by Commission under the great Seal , to certain Lords of Parliament , authorise them to hold a Parliament , the King being then in the Realm , but indisposed : and such was that 3 Edw. 4. to William Lord Arch-Bishop of York ; and that other 28 Eliz. to John Lord Arch-Bishop of Canterbury and others , ad inchoandum , &c. & ad Procedendum , &c. & ad faciendum omnia & singula , &c. nec non ad Parliamentum adjournandum , & Prorogandum , &c. And so are Parliaments held in Scotland , and Ireland , before the Lords Commissioners , Lord Lieutenant , Lord Deputy , &c. of the respective Kingdoms . 4. The Power of the last Appeal , i. e. from whose Sentence , no Appeal lies : The only person ( besides the Kings of England ) that ever pretended to it here , was the Pope ; tho yet , the first attempt ever made that way , was by Anselme Arch-Bishop of Canterbury , in the Reign of King William Rufus , but it took no effect : And the Arch-Bishop , concerning himself too much , touching the Jurisdiction of the Pope in England , the King told him , Ad Officium Imperatoris spectat , &c. That it belong'd to the Emperor to make whom he pleas'd Pope , and that for the same reason , no Arch-Bishop , or Bishop within his Realm , should yield any subjection to the Court , or Pope of Rome , and chiefly in this respect ( cum ipse omnes libertates haberet in regno suo , quas Imperator vindicabat in Imperio ) That he had the same Prerogative in his Kingdom , that the Emperor claim'd in the Empire : And when Pope Innocent the Third , had against the declar'd will of King John , caused Stephen Langton to be Elected Arch-Bishop of Canterbury , and after that confirm'd him , and wrote to the King to receive him , the King returns , that he ( the Pope ) had subverted the Liberties of his Crown , and that therefore he would prohibit all People going to Rome , and from making appeals thither : which confirms my former instance , and that this Power was always in the King , however for a time it might have happen'd to be neglected ; for otherwise , it had been a vain thing in him , to have expell'd the Monks of Canterbury as Traytors ( which he actually did ) or to have imagin'd , that a Bigotted , Seditious Clergy ( as at that time they were , and to be headed by that Arch-Bishop , at least no friend to the King , if not his Enemy ) should be frighten'd with an empty Bug bear , touching a matter whereof he had no cognisance , had he not been satisfi'd , it was in his Power to do it ; as well as his Father before him , had done it . And having thus occasionally nam'd him , let me ( with all submission ) offer this to the memory of that unfortunate Prince ; that his designs , in order to the freeing the Crown from Forein usurpation , were mighty , and , that he came short , in what Henry the Eighth afterwards effected , was not , that he was less able , but his times worse : for considering the unsettled condition of those times , and at what disadvantages he came in , what wonder if he were oppress'd by a Faction , when deserted by his Subjects , who otherwise , had never suffer'd him to have made that Crown ( to the defence of which , they had all sworn ) tributary , which , many years afterward , when the Arrears of that Tribute were demanded , was too late , tho effectually enough , declar'd in Parliament , he could not do , nor they consent to the doing it . But to proceed : When after this the Sea of Rome , would be yet intermedling , it was by all the States of Parliament , severally examin'd , and answering , each State , one by one , personally for it self , unanimously Declar'd , That the Pope's awarding any Processes , or Sentences of Excommunication , &c. against any Bishops , or other Spiritual Persons , for executing Judgments , given in the Kings Courts , was clearly in derogation of the Kings Crown , and Regality , used , and approved , of the time of all his Progenitors , and which they would maintain as they were bound , by their Liegance : and thereupon Enacted , That the purchasing any Bulls , from Rome , or elsewhere , shall be a Premunire : In which it is observable , That as the Judges before that time , were for the most part , Church-men , the Laity being not yet come up to Letters , or where they were , Rari nantes in gurgite vasto , The Lords Temporal , and the Commons of this Parliament , were all Romanists , and of what Persuasion the Lords Spiritual ( and their Assistants the then Judges ) were , I leave to every man , the question at that time being not , matter of Religion , but right of Superiority : not the Church , but Court of Rome : And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome , saith , it is but declaratory of the ancient Law of this Realm : And ( in another place ) The same Authority that the Pope ever exercised in this Kingdom by Usurpation , was always in the King , de jure . With which also agrees the Lord Chief Justice Hobart , That whatsoever the Pope did in this Kingdom , even then when he was in his greatest height , and strength , was of no better force , in right , and justice , than at the first , when he was but simple Bishop of Rome , which was coram non Judice , and so , Jus non habenti , tuto non paretur . 5. The Power of conferring Honors ; on which account he may also enable a man to assign his Surname , Arms , and Barony to another : For , as by the Laws of England , all Lands within the same , were originally derived from the Crown , and holden of the King , either mediately , or immediately , as Lord Paramount , so also by the same Laws were all degrees of Nobility and Honor derived from the King , as the Fountain of Honor. So H. 6. granted to H. Beuchamp , Ut esset primus & praecipuus Comes Angliae ; and that he should use the Title of Henricus Praecomes totius Angl , &c. ibid. 361. First Earl of all England , &c. And to the name Count , or Earl , which was the most ancient name of Dignity among the Saxons , Edw. 3. Ang. Greg. 11. created the Title of Duke , as distinct from that of Earl ( for in elder times they were oft synonimous with us ) and created his eldest Son ( the Black Prince ) then Earl of Chester , into the Title of Duke of Cornwal , which he created into a Dutchy : and about the 18th . of his Reign , the most noble Order of the Garter . And in the 9th . of R. 2. Robert de Vere , Earl of Oxford , was created Marquess of Dublin . And H. 6. the 18th . of his Reign , created John Lord Beaumont , Viscount Beaumont ; of which Titles we find no mention in the Magna Charta , 9. H. 3. for they were not at that time in being . And to this yet further , the Kings of England have , and may at this day create a County-Palatine , which none but the Emperor , or a Supreme Monarch may do : for whoever is owner thereof , hath in that County , Jura Regalia , as fully , as the King in Palatio , — Par curis , solo diademate dispar . So Hugh Lupus , Nephew of King William the Conqueror , was by him created Earl of Chester , and the County given him , Tenendum sibi & haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam ; by which general words he had Jura Regalia within the said County , and consequently a County-Palatine without express words ; and by force thereof he created eight Cheshire Barons . So not long after his time was the County-Palatine of Durham raised . And in the 10th . of H. 1. the Royal Franchise of Ely. In the 13th . of Edw. 3. the County-Palatine of Pembroke . And in the 50th . year of his Reign the County of Lancaster was by him erected into a County-Palatine , and by him given to his fourth Son , John of Gaunt , then Duke of Lancaster , for life : to which , if any one shall say , that it was De assensu praelatorum & procerum , Sir Edw. Coke answers for me , That the King may make a County-Palatine , by his Letters Patents , without Parliament . Add to this the three first Counties-Palatine created in Ireland , by Henry the Second , viz. Leinster , which he granted to Earl Strongbow , who had married the Daughter and Heir of M. Morough , Prince of Leinster . 2. Meath , to Sir Hugh Lacy the Elder . 3. Ulster , to Sir Hugh Lacy the younger , and had their Barons under them , answerable to the Barons created by H. Lupus : of which before . Of which you may read excellent Learning , in the Case of the County-Palatine of Wexford , reported by Sir John Davys , at that time Attorney-General of Ireland . As also the County-Palatine of Tipperary , formerly enjoy'd by the Ancestors of his Grace , James Duke of Ormond , &c. the present Lord Lieutenant of the same , and granted , restored , and confirm'd to him , by Letters-Patents at Westminster , the 22. of April , in the 14th . of this King , and not long afterward , confirmed by Act of Parliament in Ireland ; and whence also he bears it as a part of his Titles , Dominus Regalitatum & Libertatum Comitatus Palatini Tipperarii . Nor is this all , The Kings of England have created Kings within their own Dominions , and for such has the world received them : So King Henry the Second , in the 13th . year after his coming into Ireland , made his Son John , King of Ireland . And Henry the Third his Son Edward the First , Lord of Ireland , and well own'd the doing it , albeit until the 33 Henry 8. they wrote but Lords themselves ; for their Dignity was merely Royal , as having their Justices , Custodes , or Lord Lieutenants , and all things belonging to the Royal Estate and Majesty of a King. And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick , whereby he was created King of the Isle of Wight , and ( as saith Mr. Selden ) Crowned King of the same . 6. The Power of Pardoning , which is a Royal Act of Grace , whereby the King , either before Conviction , Sentence , or Attainder , or after , forgiveth any Crime , Punishment , Execution , Right , Title , Debt , or Duty Temporal , or Ecclesiastical : on which account he may restore a man that has lost Liberam Legem , by being recreant : As also , all that is forfeited to him by Attainder , &c. he may restore by his Charter ; but if by the Attainder the Blood be corrupted , that must be restored by Act of Parliament ; of which , more at large in Sir Edw. Cooke , Titles , Pardons , and Restitutions . 7. To appoint the Value , Weight , and Stamp of his Coin ; and make Forein Coin currant by Proclamation . As to the first , we need go no farther than the smallest Piece , and that will tell us whose Image and Superscription it is , and therefore called the Kings Money ; and so King John brought the Irish Mony to the English Standard : And as to the other , the same Sir Edw. Coke tells us , That the King , by his absolute Prerogative , may make any Forein Coin , lawful Mony of England , at his pleasure , by his Proclamation . And in another place , putting both together , he says , That lawful Mony of England is of two sorts , viz. The English Mony either of Gold , or Silver , Coined by the Kings Authority , or Forein Coin , by Proclamation made currant within this Realm . 8. To receive Liege Homage of another inferior King or Homager : and such was our Henry the Second to the old Kings of Ireland , who are stiled Reges , & Reguli ; and may more particularly appear in a grant of his to Roderick King of Connaught , that he should enjoy his Territory , under a certain Tribute , Et quam diu ei fideliter serviet , ut sit Rex sub eo Paratus , ad servitium suum , sicut homo suus : And that Oneale is sometime stiled Rex , and sometime Regulus , denotes the Subject-Kings of that Country : And long before the Conquest , Edgar had eight Reguli or inferior Kings , Homagers to him , who at one time row'd him on the River Dee , himself guiding the Helm , and afterwards , glorying to his Nobility , that then every one of his Successors might boast himself to be King of England , when he receiv'd the like Honor from so many Kings his Attendants . So Reignald Lord or King of Man ( Cui etiam fas erat Corona aurea Coronari ) and those of Ireland , did Homage to our Henry the Third . And John Baliol King of Scotland , and David Prince of Wales , to Edw. the First , and James the First , to Henry the Sixth , for the Kingdom of Scotland . So that Liege-Lord , is he that acknowledgeth no Superior ; and a Liegeman is he that oweth Liegance to his Liege-Lord ; and so the word is frequently us'd in our Statutes , viz. The Kings Liege-People : And if such a one shall be in open War , or Rebellion , or joyn with a Forein Enemy against the King , he shall not be ransom'd , or proceeded with as an Enemy , but as a Traytor , because it is Contra Ligeantiam suam debitam , and so the Indictment runs : Such was the case of David Prince of Wales aforesaid , who had judgment of Treason given against him , for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King. 9. Lastly , to bear those Titles , only proper to Sovereign Princes , apart from all others , as being indivisible , and incommunicable : And here ( not to insist on the words Dei gratia , which are familiarly seen in the Titles of the Kings of Europe , and Princes of the Empire , Spiritual Lords , both abroad , and at home , have of elder times frequently us'd it in their Stiles , and in a Summons to our Parliaments , and Writs , to Assemble , or Prorogue the Convocation , the King gives it to the Arch-Bishops , as , Rex &c. Reverendissimo in Christo Patri , Predilatoque , & fideli Consiliario nostro , A. eadem Gratia , Archiepiscopo Cant. &c. But in Warrants , and Commissions to them , it is generally omitted ; and never us'd by themselves , when they wrote to the Pope , Emperor , or a King ; but thus : A. licet indignus , &c. Archiepiscopus , or Episcopus B. &c. whereby the present use of it among our selves , is easily reconcil'd , in that they receive the Attribute , not give it . The Kings of England , are in the second , and third person , commonly stiled , by that abstract of Majesty ; as , your Majesty , his Majesty ; which came into the Kingdoms of Christendom , from the use of it in the Roman Empire ; the word in it self , denoting all kind of special Dignity , and , if as we should say in English , A Greatness ; And to peruse our Statutes , from Magna Charta , to our own time , the most usual expressions are , Our Lord the King , The King our Sovereign Lord , Most Excellent Highness , Royal Majesty , Noble Grace , Most Excellent Majesty , Most Royal Majesty , Dread Sovereign Lord , Most Gracious Sovereign , and as we use it now , Most Excellent Majesty , and Sacred Majesty , which are but the same Attribute , in other words , and in their own nature , so unalienable from Sovereignty , that they can by no process of time be Prescrib'd against , or usurp'd upon : neither can it at all be call'd an Usurpation , as if it were , proper only to God , unless we as well deny Wisdom , Power , Clemency , or any other quality to be attributed to men , because those also , as all else , which is great , or good , are Primarily in him . And so I have done with the marks of Sovereignty , as they are generally receiv'd ; and now if there wanted any thing to the further proof of this Sovereign Imperial Monarchy , There are yet , other Regalities , and Prerogatives , which the Common Laws of England have ever allowed , and never doubted , but to be inherent in their Kings . And hence it is , that the King cannot be said to be a Tenant , because he hath no Superior but God Almighty : And if the King and a common Person joyn in a Foundation , the King shall be the Founder ; for the thing being entire , the Kings Prerogative shall be preferr'd . That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd , of whomsoever they were holden . That there is no Occupant against the King , nor shall any one gain his Land , by priority of Entry ; for , Nullum tempus occurrit Regi , That half Blood is no impediment to the descent of the Lands of the Crown ; as was seen in the Case of Queen Mary , who was but of half Blood to King Edward 6. and Queen Elizabeth to both : for the quality of the Person alters the Descent . That the accession of the Crown purges all Attainders , as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders , were no other than a present disability , which upon their assuming the Royal Dignity , were ipso facto void . That the word King imports his Politick Capacity , which is never in minority , and never dies , but extends to all his Successors , as well Kings , as Queens . That he is King before Coronation , for besides that the Law suffers no interregnums , he holds it by inherent Birth-Right , the Coronation being but a Royal Ornament , and outward Solemnization of the Descent ; and not unlike the publick Celebration of Matrimony , between a Man and a Woman , which adds nothing to the substance of the Contract , but declares it to the world . That the Ligeance of his Subjects is absolute , and indefinite , and due to the natural Person of the King , by the Law of Nature , which is immutable , and part of the Law of the Land , before any Municipal , or Judicial Law ; and , that an Act of Parliament cannot bar the King of the Service of his Subject , which the indelible Law of Nature gave him , it being a part of the Law of the Land , by which , subjection is due to him . And therefore the Statute , That no man , notwithstanding any non obstante , shall serve as Sheriff , above one year , bars not the King from dispensing with it . And William Lord la Ware , altho disabled by Act of Parliament , was nevertheless called to Parliament , was nevertheless called to Parliament by Queen Elizabeth , by Writ of Summons , for she could not be barr'd of the Service , and Counsel of any of her Subjects . Add to this , That all Restrictions upon his Sovereign Liberty , are void , and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England , were prohibited , as being against the Dignity of a Supreme King. And with this agrees the Statute-Law of Scotland , made in the Parliament of the 5th . of King James the Third ; cap. 3. In short , when King John had subjected his Crowns of England and Ireland , to Pope Innocent the Third , and had become his Feodary , under the annual Acknowledgment of one thousand Marks to the Pope , and his Successors , and when afterwards the Arrearages thereof were demanded , the Parliament of that year answered , That no King can put himself or his Realm in Subjection , without their Assent : And how far that Assent reach'd , we have it in the 42 of Edward the Third , where , in full Parliament , it was further declar'd , That they could not Assent to any thing in Parliament , that tended to the Disinherison of the King , or his Crown , whereunto they were Sworn : which is no more , than what the Statute that prescribes the Oath of the Kings Justices has in it , viz. Ye shall not Counsel , nor Assent to any thing that may turn him ( the King ) in Damage , or Disinherison ; by any manner , way , or colour . And to the same effect , are the several Oaths of the Lord Chancellor , and Lord Treasurer ; You shall not know nor suffer the Hurt , or Disinheriting of the King , or that the Rights of the Crown be decreased , by any means , as far as you may lett it . In a word ( to omit many others ) All such things , whereof no Subject can claim Property , as Treasure-trove , Wreck , Estrays , &c. belong to the King by his Prerogative , which extends to all Powers , and Preheminences , which the Law hath given the Crown ; and is a principal part of the Law of the Land , and is called by Bracton , Libertas , & Privilegium Regis , both words signifying the same thing , i. e. The Kings Prerogative . And by Britton , Droit le Roy , The Kings Right . And in the Register , Jus Regium , which is the same ; and Jus Regium Coronae , The Royal Right of the Crown : And since it has not been wound up so high , as to endanger the strings , what reason is there to wish it let down so low , as to render it profanable by the People ? When the Philistines return'd the Ark of God which they had taken , the men of Beth-Shemesh must be prying into it ; and he that has a mind to know the effect of their curiosity , may read it in Samuel , God slew one hundred and fifty thousand of them . But enough of the Common-Law ; we 'l in the next place consider , what the Statute-Law in further affirmance of the Common-Law , saith to this matter : And here , it cannot be thought ( saith Sir Edw. Coke ) that a Statute , made by the Authority of the whole Realm , will recite a thing against the Truth . I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire , in which it is declared , That the Crown of England hath been ever so free , that it is in no earthly subjection , but immediately subject to God , in all things touching the Regality of the same Crown , and to none other . In like manner the Statute of H. 8. against Appeals to Rome , saith , That by divers sundry old Authentick Histories , and Chronicles , it is manifestly declared , and expressed , that this Realm of England is an Empire , and so hath been accepted in the world , governed by one Supreme Head , and King , having the Dignity and Royal Estate , of the Imperial Crown of the same , unto whom , a Body Politick , compact of all sorts and degrees of people , divided in terms , by names of Spiritualty , and Temporalty , have bounden , and owen to bear , next to God , a natural , and humble Obedience . And near the middle of the said Statute , it is further called the Authority , and Prerogative of the said Imperial Crown . And in the 25 of the same , it is called , The Imperial Crown , and Royal Authority , recognising no Superior under God , but only your Grace . And in the following Chapter , besides the frequent use of the word Imperial , the Kings thereof are stiled , Kings , and Emperors of this Realm . And in another of the same Kings , it is called , The most Royal Estate of your Imperial Crown , of this Realm ; and the same word Imperial , made use of ten other times , in the same Statute , to the same purpose . And with this agrees the Statute of Ireland , where in express words also , the Kings of England are entituled , Kings and Emperors of the Realm of England , and of the Land of Ireland ; and that too , five years , before the Title of Lord of Ireland was altered into King : And by the Act that so alter'd it , it is called The Majesty , and State of a King Imperial . And so in the first of Qu. Eliz. ( English ) in which the Oath of Supremacy was enacted , the Crown of this Realm is three times called Imperial : And in the third Chapter of the same year , as often . And in the 5th . of the same Queen , ( that requires all Ecclesiasticks , Graduates in any University , or Common-Laws , Officers of Court , Attorneys , every Member of Parliament , under the degree of a Baron , to take the said Oath of Supremacy , before he enter the House , or such Election to be deemed void ) calls it The Dignity of the Imperial Crown . And the Act of Recognition of King James , uses the same expression of Imperial , four times . And upon a like ground , of mere Supremacy , was that Act of Scotland , before the Union of the Crowns , wherein 't is said , Our Sovereign Lord , his full Jurisdiction , and free Empire , within this Realm . ( Scotland ) And the late Oath , or Test , prescribed to be taken by all persons in Publick Trust in that Kingdom , declares the Kings Majesty the only Supreme Governor of that Realm , over all persons , as well Ecclesiastical as Civil . And the Act of acknowledging and asserting the right of Succession in that Kingdom , calls it the Imperial Crown of Scotland . In all which matters I have been the more particular , that I might the better evince my Reader , that this Independent Sovereignty , and Supremacy of the Kings of England , &c. has not been the opinion of any one time , but the general consent of all ; and that our Kings , hold their Crowns in chief , from God , and owe no precarious acknowledgments , to the courtesie of the People . Nor is the Kings Immediate , Personal , Originary , Inherent Power , which he executes , or may execute ( Authoritate Regiâ Supremâ Ecclesiastica ) as King , and Sovereign Governor of the Church of England , to be less consider'd , it being one of those flowers which make up his Crown , and preserve it in verdure : And here , I question not but it will be granted , that the King is the Supreme Patron , of all the Arch-Bishopricks , and Bishopricks of England , as being all founded by the Kings of England , to hold Christi Baroniam ( excepting that of Soder , in the Isle of Man , which was instituted by Pope Gregory the Fourth , and may perhaps be the reason , why the Bishop thereof , hath neither Place , nor Voice in the Parliament of England ) and so , were at first donative , Per traditionem annuli , & baculi Pastoralis , by the delivery of a Ring , and the Pastoral Staff , or Crosier . And the Bishop of Rome persuading Henry the First to make them Elective , by their Chapters , refused it ; But King John by his Charter recognising the Custom , and Right of the Crown , in former times , by the common consent of his Barons , granted , that they should be eligible ; as least doubting , he had so far lockt up himself , as that he might not be receiv'd , to disapprove , or allow : for before that , I find , That when he had given a Conge d' eslier to the Monks of Canterbury , to Elect an Arch-Bishop , and Pope Innocent the Third , notwithstanding the Kings desires of promoting the Bishop of Norwich to it , ( whom also , they had Elected ) had under a Curse commanded them , to choose Stephen Langton , with which , for fear of Excommunicacation they comply'd , the King banishes the Monks as Traytors , and writes to the Pope , that he had subverted the Liberties of his Crown : by which it appears , that he lookt upon himself , as the Supreme Governor of the Church of England , and that no Arch-Bishop , or Bishop , could be put upon him , without his consent : and what advantage the Kingdom got by this Usurpation , may be gather'd from the effects , when , after a more than six years Jurisdiction , the King Depos'd , and a free Crown put in Vassalage , it only open'd a way to those future Broils , between him , and his Barons , which lasted all his time , and wanted no fuel to feed 'em , till towards the latter end of his Son , men began to stand at gaze , and as infatuated , or startled at they knew not what , thought it more safety to look on , than lend a hand to master it : nor had they fully resolv'd what to do , until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann . for the Kingdoms of England , and Ireland , ( which had been also demanded in the 3 of Edw. 1. and in case of non-performance , threatned to make out Process against the King and Kingdom , then at last , the scales fell from their eyes , and as men got out of a dream , they began to consider what they had startled at , and as an argument of their recovered Senses , the Lords Spiritual by themselves , the Lords Temporal by themselves , and the Commons by themselves , unanimously resolv'd , and declar'd , That the King could not put Himself , his Realm , or his People in subjection , without their Assent ; and albeit it might , it is ( as saith Sir Edw. Coke ) Contra Legem & consuetudinem Parliamenti , contrary to the order , and custom of Parliament , because it is a disherison of the King , and his Crown : after which , to avoid all further dispute , the manner and order of Election of Arch-Bishops , and Bishops , and all things relating thereunto , is setled by Statute , viz. 1. Negatively , That no one thereafter be Presented , Nominated , or Commended to the Sea of Rome , for the Dignity or Office of any Arch-Bishop , or Bishop within this Realm , or any other the Kings Dominions . 2 , Affirmatively , That at every avoidance of any Arch-Bishoprick or Bishoprick ( as before ) the King our Sovereign Lord his Heirs and Successors , may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick , or Bishoprick shall happen to be void , a License under the Great Seal , as of old time hath been accustomed to proceed to Election of an Arch-Bishop , or Bishop , of the Sea so being void , with a Letter missive , containing the name of the person which they shall Elect or Choose , by virtue of which , they elect the said person , &c. or in case of refusal incur the Penalties of a Premunire . So that upon the whole , the Election ( in effect ) is but a matter of form , it is the Kings meer Grant which placeth , and the Bishops Consecration , which maketh a Bishop : Neither do the Kings of this Land use herein , any other , than such Prerogatives , as Forein Nations have been accustomed unto . Or otherwise , what made Pope Boniface , solicit the Emperor Honorius , to take order , that the Bishops of Rome , might be created , without ambitious seeking of the Place . A needless Petition , if so be the Emperor had no right , in placing of Bishops there . Of which , there are several other instances , in a piece of Mr. Hookers , touching the Kings Power in the advancement of Bishops . In short , if before that Act of Hen. 8. a Bishop in England had been made a Cardinal , the Bishoprick became void , but the King should have nam'd the Succsseor , because the Bishoprick is of his Patronage . And as to the Arch-Bishops , and Bishops in Ireland , the respective Chapters ( of ancient time ) upon every avoidance , sued to the King in England , to go to the Election of another , and upon certificate of such Election made , and the Royal Assent obtain'd , a Writ issued out of the Chancery here , to the Lord Chief Justice of Ireland , or the Lieutenant , rehearsing the whole matter , and commanding him to take fealty of the Bishop , and restore him to his Temporalties : But now the course is , that such Writs are made in Ireland , in the name of the King , who nominates the Arch Bishops and Bishops there , as he doth in England , and then the Chapter choose him whom the King names to them , and thereupon the Writs are made of course . Nor were the Kings of England , even in those times , excluded , but still acknowledg'd to have Power of Dispensation , and other Ecclesiastical Acts. And therefore as he first gave Bishopricks and Abbeys , and afterward , granted the Election to Deans , and Chapters , and Covents ; so likewise might he grant Dispensation to a Bishop Elect , to retain any of his Dignities , or Benefices in Commendam : and to take two Benefices ; and to a Bastard , to be a Priest : And where the Statute 25 H. 8. c. 21. says , That all Dispensations , &c. shall be granted in manner and form following , and not otherwise ; yet the King is not thereby restrain'd , but his Power remains full , and perfect , as before , and he may still grant them as King ; for all acts of Justice and Grace flow from him : and on this account also , he can pardon any Ecclesiastical Offence ; as Heresie ( for example ) is a cause merely Spiritual , or Ecclesiastical , and yet the King may pardon one convict of Heresie . And as the King may dispense , or pardon , so also does that Supreme Power enable him to several other things relating to Church-matters , which pertain not to another . He may found a Church , Hospital , or Free Chappel Donative , and whether he specially exempt the same from ordinary Jurisdiction , or not , his Chancellor , and not the Ordinary shall visit it : and he may by his Charter license a Subject to found such a Church , or Chappel , and to ordain that it shall be Donative , and not Presentable ; and to be visited by the Founder , and not by the Ordinary . And thus began Donatives in England , whereof Common Persons were Patrons . So he shall visit Cathedral Churches ( by Commissioners ) Sede vacante Archiepiscopalii : He may also revoke before Induction , by presenting another , for the Church is not full against the King , till Induction : And therefore if a Bishop Collates , and before Induction dies , by which means the Temporalties come into the Kings hands , the King shall present to the avoidance , for the same reason . In short , He is the Supreme Ordinary , and on that account may take the resignation of a Spiritual Dignity . Neither did the Abbots and Priors in Edward the Fourths time think him less , when they stile him Supremus Dominus noster Edwardus 4. Rex ; which agrees with the Laws before the Conquest in which the King is called Vicarius summi Regis , The Vicar of the highest King. And albeit , Ecclesiastical Councils , consisting of Church-men , did frame the Laws , whereby the Church Affairs were ordered in Ancient times , yet no Canon , no not of any Council , had the force of Law , in the Church , unless it were ratifi'd , and confirmed by the Emperor , being Christian : In like manner , our Convocations ( that assemble not of themselves , but by the Kings Writ ) must have , both Licence to make new Canons , and the Royal Assent to allow them , before they can be put in Execution ; and this , by the Common Law : for , before the Statute 25 H. 8. c. 19. A Disme ( i. e. the Tenths of all Spiritual Livings , in ancient times paid to the Pope ) granted by them , did not bind the Clergy , before the Royal Assent . In a word , the King may make orders for the Government of the Clergy without Parliament , and deprive the Disobedient . And the Act for suppressing Seditious Conventicles , has a saving to his Majesties Supremacy in Ecclesiastical Affairs . And so ( I hope ) I have clear'd this point , That the Kingdom of England , &c. is a Sovereign Imperial Monarchy , of which , the King is the only Supreme Governor , as well in all Spiritual , or Ecclesiastical Things , or Causes , as Temporal . It remains now that I shew , That however the Emperors of the West , and East have so much striven , about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also justly used it , and that from ancient Ages , as no less proper to their own independent greatness . And here , amongst many others , we have Edgar frequently in his Charters , stiling himself , Albionis , & Anglorum Basileus , King of Britain , and the English. And in one of his , to Oswald Bishop of Worcester , in the year 964. and of his Reign the sixth , Ego Edgarus , Anglorum Basileus , omniumque Regum , Insularum , Oceanique Britanniam circumjacentis , cunctarumque Nationum quae infra eam includuntur , Imperator , & Dominus , &c. I Edgar King of the English , and of all the Kings of the Isles , and the Ocean lying round Britain ( i. e. England , Scotland , and Wales ) and of all the People therein , Emperor , and Supreme Lord ; for , the word in this place , bears no less , as I have shewn it before , in the Word , Lord of Ireland . Wherein it is observable , that as long since as it is , that yet the King of England , or Britain , was Lord , and Emperor of the British Sea ; which agrees with that of one of his Successors ( Canutus ) when sitting in a Chair , by the South Shore , he used these words to the Sea , Tumeae ditionis es , & terra in qua sedeo , mea est ; Thou art of my Dominion ( or Empire ) and the Land whereon I sit , is mine ; as taking it clearly , that he was the Supreme Lord , and Emperor of both : whence also , it is affirm'd by Belknap ( one of the Justices of the Kings Bench 5 R. 2. ) That the Sea , is of the King Ligeance , as of the Crown of England . So that Edward his Son , in a Charter to the Abbey of Ramsey , Ego Edwardus , totius Albionis , Dei moderante gubernatione , Basileus ; I Edward by the Guidance , or Assistance of God , King of Britain . And Edwine , in a Charter of his to the Abbey of Crowland , is stiled , Edwinus Anglorum Rex , & totius Britanniae telluris , Gubernator & Rector ; Edwine King of the English , and of all the British Land , Director , and Governor . In like manner Ethelred , in a Charter of his to the Church of Canterbury , stiles himself Angligenum , Orcadarum , necne in gyro jacentium , Monarchus , Monarch ( or sole Governor ) of the English , the Isles of Orkeney , and all that lie within that Circuit : but subscribes it , Ego Aethelredus , Anglorum Induperator , &c. I Ethelred Emperor of the English. And besides what I said before of King William Rufus , that said he had the same Prerogatives in his Kingdom , as the Emperor claim'd in the Empire , in a Charter of his to the Monastery of Shaftsbury , he says , Ego Willielmus Rex Anglorum , anno ab incarnatione 1089. secundo anno mei Imperii . I William King of the English , in the year of our Lord 1089. and of my Empire the second . And now having brought it thus far , I shall in the next place examin the unreasonableness of that new Notion , that the King is one of the three Estates , and doubt not but to prove the contrary , to any man but him , who will not be persuaded , tho you shall have persuaded him . SECTION VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . THose that would have the King one of the Three Estates , say , That our Government is a kind of mixt Monarchy , inasmuch , as in our Parliaments , the Lower House ( as representing the Commons ) bear a semblance of a Democracy ; and the Lords , of Aristocracy : And others , That the King , Lords , and Commons ; who as Assembled joyntly , to the end of Legislation , as one Corporation , ( and no otherwise ) are the Law-giver . We 'll examin it by reason , which — Neque decipitur , nec decipit usquam , and only commands belief , when all things else beg it . And here , to come as near the wind as I can , that I may the better get up with them ; admitting the semblance , but not granting the thing , what does this make for them , or serve to prove , that yet the Government is not a free Monarchy ? because the Supreme Authority ( as I said ere while ) resteth neither in the one House , or the other , either joyntly , or severally , but solely in the King , at whose pleasure they are assembled , and without whose Royal Assent , they can make no Law , to oblige the Subject . And therefore not denying Bodin's distinction , of a Lordly Monarch , a Royal Monarch , and a Tyrannical Monarch , which relateth only to the Power , and Practice of the Monarch ; yet the distinction of a Supreme , and mixt Monarchy , which designeth the manner of the Government , is a contradiction in Terminis ; because that Government which extendeth it self to more than one , can never be a Monarchy ; as is obvious to every one , that understandeth the word Monarchy , and was never heard of in our Land , till the men of our late times , instead of suppressing Idolatry , &c. had fram'd a new Idol of their own , and having made it as gay as they could , set it up , to be ador'd by the Multitude , always prone to admire every thing , they least understand : And what must the consequence of it be ? but that the Government , must be partly Monarchical , partly Aristocratical , and partly Democratical , which are in themselves contrary , and to be governed , by contrary Laws ; and if it be impossible to make any good , out of two extremes ( as Monarchy , and Democracy are ) what then shall be made of three , confounded among themselves ? or how can it be that Sovereignty ( a thing indivisible ) can at one and the same time , be divided , between one Prince , the Nobility , and the People , in common , and not to be altogether , a State Popular ; or at best a Venetian Republick , wherein albeit there be but one Duke ( and He for life ) yet , his person being not invested with the Supreme Power of Government , he is in effect , but — Magni nominis umbra . And as to the other , That the King , Lords , and Commons as one Corporation ( and no otherwise ) are the Law-giver ; here , I take the King to be in a worse condition ; for , tho to the making of an Act , the concurrence of both Houses is necessary , yet of no effect , if the King disapprove : yet , the Case of a Mayor , Aldermen , and Burgesses ( or whatever other the stile of the Corporation be ) is wholly different ; for they , meeting together ( by the Princes grant ) in a kind of Democratical Common Council , for the better Government of the place where they reside , order every thing , by most Voices , wherein the Mayor himself , has but one , and is concluded by the greater number ; but the King , having no Voice ( nor any one to represent him ) in the discussive part of any Act , cannot be said to give his Royal Assent , as one of the Corporation , but by his inherent Legislative Prerogative : and how improper the contrary is ; will further appear , in that a Common-Council , put what By-Laws they please , upon the Mayor , as long as they are not contrary to the Law of the Land , because he has no negative upon them . But in case of a Sovereign , the first mark of it ( as I have shewn before ) is the Power of making Laws ; now , who should those Subjects be , that should yield Obedience to that Law , if they also had the Power to make Laws ? or who should that Prince be , that could give the Law , being himself constrain'd to receive it of his Subjects , unto whom also , he gave it ? A thing , not only incompatible , but even absurd , from every days Practice and Experience : for , do not the Three Estates of this Kingdom upon the passing of all Bills , address themselves to his Majesty , in the most humble Stile ? As that of the Petition of Right , Humbly shew unto our Sovereign Lord the King , the Lords Spiritual , and Temporal , and Commons in Parliament Assembled , &c. So to King James , Most dread , and most gracious Sovereign , We your most Loyal , and Humble Subjects , the Lords , &c. So to Queen Elizabeth , Most dread Sovereign Lady , &c. We your most Humble , Faithful , and Obedient Subjects , the Lords , &c. So to Queen Mary , We your Highness most Loving , Faithful , and Obedient Subjects , &c. do beseech your most Excellent Majesty , that it may be Enacted , &c. So to H. 8. In their most humble wise , shewn to your most Royal Majesty , the Lords , &c. And so to Rich. 3. and backward , By the Advice , and Assent of the Lords , &c. at the request of the Commons . To Edw. 4. By the Advice and Assent of his Lords Spiritual and Temporal , and at the special Request of his Commons . To H. 6. By , &c. and at the special instance and request . To H. 5. the same . To H. 4. At the instance , and special request . To R. 2. the same . In Edw. 3.'s time , These things underwritten at the request of the Commons , be Established , and Enacted , by our Lord the King , his Prelates , Earls , and Barons ; so by the Assent , and Prayer of the Great men , and the Commons . And in Edw. 1.'s time , At the request of the Commonalty , by their Petition , made before him , and his Council in Parliament ; as may be further seen in the Statutes at large , till ye can go no further backward , than , the King commandeth : In which also , I have been the larger , that by the consent of all times , I might shew , that this is not after the manner of Corporations , or the Language of Equals ; and shall be my first Argument , why the King is none of the Three Estates . 2. This will further appear , if we shall consider , who these Three Estates are : And those , I take to be , the Lords Spiritual , viz. Arch-Bishops , and Bishops , who sit in Parliament by Succession , in respect of their Baronies , parcel of their Bishopricks . 2. The Lords Temporal , as Dukes , Marquesses , Earls , Viscounts , Barons , who sit there by reason of their Dignities , which they hold by Descent or Creation ; and the third Estate , the Commons of the Realm , viz. Knights of Shires , Citizens of Cities , and Burgesses of Burroughs , respectively Elected , by force of the Kings Writ ; which three Estates , Sir Edw. Coke saith ) the French-men call , Les Estates , or L' Assemble des Estates : And Philip de Comines , ( speaking how the English grant Subsidies ) Convocatis ( saith he ) primis ordinibus , & assentiente Populo ; The first , or chief Estates , being call'd together , and the People assenting : And Bodin ( who by his Conference with the English Embassador , for so himself confesseth ) wherever he speaks of the Constitution of England , calls it the King , and the Three Estates of the Realm : Like which , The Republick of the Kingdom of Poland , in the Interregnum between the Death of one King , and the Election of another , is stiled , Serenissimae Reipublicae Regni Poloniae , &c. Congregati Ordines : The Estates Assembled : And such were the Amplissimi Ordines , among the Romans ; viz. the Senate , of whom the Emperor was no part ; and signifies with us , The Estates of People , among our selves , viz. The Clergy , The Nobility , and the Commons , which , being duly Assembled , we call , a Parliament : And so Sir Henry Spelman speaking of the word Parliament , saith , it is , Solenne Colloquium , omnium Ordinum Regni , authoritate solius Regis , ad consulendum , statuendumque de negotiis regni indictum . A Parliament ( saith he ) is a Solemn Conference of all the Estates of the Kingdom , commanded together , by the sole Authority of the King , to Consult and Order the Affairs of the Realm . From whence it must necessarily follow , that the King is none of them , but as the Apostle says ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as having the preheminence over them ; for , Quicquid efficit tale , est magis tale , Whatever is the cause of any thing , is greater than the thing caused . 3. To presume the King to be one of the Three Estates , were to make him but a Co-ordinate Power , and consequently , concludible by the other two ; for , Par , in Parem , non habet imperium , Among Equals there is no Authority : whereas , the Supreme Title of King , is distinguish'd from others , in this , that it acknowledges no other Superior : And Bodin , speaking of a Supreme Monarch , saith , He is next to God , of whom he holdeth his Scepter , and is bound to no man. And to the same purpose Berkly , — Regum cognata Potentia coelo . Whence it naturally follows , that this Honor is not to be shar'd with another . 4. Which is a negative instance . ( And one Negative instance ( saith the Lord Bacon ) is of more force , to unfix a pretending Rule , than two Affirmative to establish it . ) If the King were one of the Three Estates , he should be Summon'd by Writ ; but because all Writs Issue in his Name , it cannot be said , that he can Summon himself , or Supplicate himself , as both Houses do him ; or not to have Power to depart , without leave , i. e. of himself , seeing they have no Power to Assemble , Determin , or Depart , part , without the Kings express Commandment . 5. If the King were one of the Three Estates , then it follows of course , as undeniable , that before the Commons became a Third Estate , and a Constituent part of a Parliament , as they are at this day , That the King must have been one Estate , The Lords Spiritual a second , The Lords Temporal a third ; or otherwise there could not have been Three Estates : and , now the Commons , since the Writs for their Election , being become another , what hinders , but that they make a fourth ? unless ( perhaps ) we deny the Lords Spiritual to have been one , and then , before the Commons , there could be but two . To examin it a little : That Great Councils of Kings , their Nobles , Wise men , and Chief Officers , were frequently held , of Ancient time , there is hardly any thing more obvious ; but , whether the Commonalty , scarce yet civiliz'd , or if so , for the most part , if not wholly , without Literature , were any essential or constituent part , of those great Councils , and Government , might be a question at this day , if there were any sufficient ground , on which to raise it . Convocavit David omnes Principes Israel , Duces tribuum , & Praepositos turmarum , qui ministrabant Regi : Tribunos quoque & Centuriones , & qui Praeerant substantiae Regis ; filiosque suos , cum Eunuchis ; & Potentes , & robustissimos quosque in exercitu , Jerusalem . David called together all the Princes of Israel , the Leaders of the Tribes , and the Captains of the Companies that served under him , and the Captains over the thousands , and the Captains over the hundreds , and the Stewards over all the substance and possession of the King ; and his Sons , with the Officers and mighty men , and valiant men , unto Jerusalem . By which you see , of what persons , this great Council consisted ; all , men of the first note , and not a word of the people . In like manner Solomon , Congregavit majores natu Israel , & cunctos Principes tribuum , & Capita familiarum , de filiis Israel , in Jerusalem . He assembled the Elders of Israel , and all the rulers of the Tribes , and the heads of the families , of the children of Israel , to Jerusalem : And here too , not a word of the People ; and yet , Sir Edw. Coke calls them both Parliaments ; and so no doubt but they were somewhat like it , or otherwise , so many succeeding Centuries had never took pattern from them . Not to run so far from home . What was our Saxon Witenage mote , Micel Synods , Micel Gemotes , or Great Councils , but so many Assemblies of the Wise men ; concerning whom , it is not to be presumed , but that they were of the first rate ; the lump of the People ( as I so lately toucht it ) being for many Ages , before , and after , not bred to Letters , and consequently , more apt for Blows , than Arguments , and readier to cut the knot in two , with their Swords , than unty it with their Tongues : and in all the Saxon Annals we find the principal , or chief Wites , or Wise men of the Nation , the Assembly of Gods Servants ( the Clergy , then so called ) Aldermen ( or Earls ) Great men , Chiefest men , Noblemen , the constituent parts of those great Councils , but no Commons to be found , or any that represented them . Neither does Sir Edw. Coke , in any Authority of his , before the latter years of Henry 3. prove any where , that the Commons at that time , were any such part of those Parliaments , for if they had , there is no question , but he would have nam'd them also ; as he doth those others , that made up those Parliaments . Rex Eldredus , convocavit Magnates , Episcopos , Proceres , & Optimates , ad tractandum de publicis negotiis regni , King Eldred ( saith he ) call'd together his Earls , Bishops , Barons , and Chief men ; but not a word again of the Commonalty : And with this , agrees the learned Mr. Selden , where we have several other instances , to the same purpose , but not one word in any of them , touching the Commons . And as the Saxon Great men , were only present ; in their Great Councils , so were only the Norman Barons , and their Great men , in those of the Conqueror : for , we often meet Arch-Bishops , Bishops , Earls , Barons , but no where find the least mention of the Commons : neither is it to be believ'd , that his new acquest , would yet suffer him , to trust a People , he had so lately conquer'd , or that he made to himself , other measures , than what he took from his Sword. And as to William Rufus his time , we find it the same ; for in the sixth year of his Reign , there was a Great Council held at Winchester ; and in the seventh , another at Rockingham : and in the tenth , De statu regni acturus , Episcopos , Abbates , & quosque regni Proceres in unum , praecepti sui sanctione egit . Being to order some Affairs of the Realm , he commanded together the Bishops , Abbats , and all the Nobility of the Kingdom ; and yet all this while , not a word of the Commons . In like manner , albeit in the first of Henry 1. Clerus Angliae , & Populus universus , &c. the Clergy , and all the People were Summon'd to Westminster ; yet here the word Populus , is used , as contradistinct , to the Clergy , to which it is opposed ; and denotes not , any distinct State , or Order , among Secular men , or Laicks ; but an Order and Estate of men , distinct , from the Ecclesiasticks , or Clergy ; these two words of Clerus , and Populus , being the two general States , or Orders , into which all mankind is divided : And so he cites it , as quoted by Sir Will. Dugdale , touching the Coronation of King Egbert , Veniunt Wintoniam , Clerus & Populus ; The Clergy and People came to Winchester . To which also Mr. Selden gives a great light , when of the same Council he saith , Ad commune concilium Baronum meorum , is mentioned in it . Or what means that other of the third of the same King , wherein they are call'd , Primates utriusque ordinis , The Chiefs of both Orders , i. e. of the Clergy , viz. the Lords Spiritual : and of Laity , viz. the Nobles , who are also called , Principes Regni , The Chief , or Head men of the Kingdom ; of which also we have several instances , in that ( beloved Physician 's ) ingenuious , learned Answer to Mr. Petit. Neither does it appear , that the Great Councils in King Stephen's time , consisted of any other , than the Clergy , and the Nobility , there being not the least mention of the Milites , or Liberi homines , Knights , or Free-men , or that they acted in them . But from these Usurpations , we come to Hen. 2. who ( Robert Duke of Normandy being dead ) came in upon a rightful Title , from his Grand-father , Henry 1. and yet , the Great Council at Clarendon , which was the 10th . of his Reign , consisted only of Arch-Bishops , Bishops , Abbats , Priors , Earls , and Chief men , of the Kingdom ; and albeit Mr. Selden ( as himself from Hoveden ) says , That Clerus , and Populus Regni , the Clergy , and People of the Land , were then Assembled , it appears not , that any other Estate was meant by the word Populus , than the Lay Nobles : For , at the great Council of Northampton ( which was the following year ) Rex Statuens celebrare solenne Concilium , omnes qui tenebant de Rege in Capite , mandari fecit . The King having resolv'd to hold a Great Council , he Summon'd thither , all those , that held of him , in Capite , i. e. in Chief . Now to hold in Chief of the King , is to hold of him immediately , and merely as King , and of his Crown , as of a Seigneury in Gross , and in Chief , above all other Seigneuries , and not as of , or by means of some Honor , Castle , or Mannor , belonging to the Crown . And in the preceding leaf , Mr. Selden says , Tenere de Rege in Capite , & habere possessiones sicut Baroniam , are Synonimies ; and , to hold in Chief , and to have their Possessions as Baronies , was to have the right of sitting in Councils , with the rest of the Barons : concerning which , it does not yet appear , that the Commonalty at that time , had any . From thence , and during the Reign of King Richard the First , and until the 15th . of K. John , we find it the same ; only at that time , the King being at Rochel in France , commits the custody of England to the Bishop of Winchester , then Chief Justice , and writes to his Barons , Knights , and to all his Feudataries , or Vassals , thro England , That he had received the Popes Letters , touching the release of the Interdict ( under which the Kingdom then lay , and of which , I toucht before ) which he had sent to the said Bishop ; and therefore requires them , as of whose kindness , and fidelity , he had full confidence , that according to what the said Bishop should then say unto them , they would effectually give their advice , and aid : as in like manner , he writes to several other Cities , and Burroughs , thereby earnestly requiring them , that according to what the said Bishop shall give them to understand , that they effectually apply themselves to give him a supply , towards the relaxation of the said Interdict ; and thereby also promises them a re-payment with thanks : so , that He only borrows Mony of them on that particular occasion , but does not in the least hint , or direct them to send their Proxies , or Representatives , to any Great Council to be then call'd : as we have it , and the History of that time , more at large , in the said Answer to Mr. Petit. And now , having offer'd thus far to this matter , I shall go on with the reason of those times , which I take to be thus . William the Conqueror having subdu'd England , began now to consider the way of securing it ; and to that purpose ( as it is in the Proverb ) cut large thongs out of other mens hides ) and ( as a reward of the Service done him ) granted a certain compass or circuit of Land , unto such of his Chief men , as had assisted him , in the acquisition , to them and their Heirs , to dwell on , and exercise such Jurisdiction therein , as he thought good to grant ; performing also such Services , and paying him such yearly Rent , as the Grant required : they again parcell'd this Land , to such other meaner men , as had follow'd them in the Expedition , under such Services , and Rents , as they thought fit ; and by this means , as those Great men became Tenants to the King in Chief , so the Inferiors became Tenants to them , who ( as Superiors ) exercised a kind of little Kingship over them : The King and his Successors being Supreme Lords of the whole , and imposing from time to time , such Laws , as by the advice , and assent of those his Barons , were thought expedient , and unto which , Consentire inferior quisque vis us est , in persona Domini sui capitalis , prout hodie per Procuratores Comitatus , vel Burgi , quos in Parliamentis , Knights and Burgesses appellamus ; to which , every inferior ( saith he ) was presum'd to consent , in the person of his Chief Lord , from whom he held ; as at this day , by the Representatives of Counties , and Burroughs in Parliament , whom we call Knights and Burgesses : and certainly , there is no doubt to be made , but that if there had been any such privilege , of ancient time , belonging to the People , that the Historians of those times would not have pass'd so material a thing in silence , especially considering how many of lesser account , are every where found among them . Polidor Virgil , would have the Commons to have been brought into those great Councils , in the 16th . of Henry I. Sir Walter Raleigh , about the 18th . of that King ; but Sir Henry Spelman will not allow it ; his words are these , Sine ut sodes dicam , collegisse me centenas ( reor ) conciliorum edictiones ( tenoresque ipsos plurimorum ) ab ingressu Guilielmi 1. ad excessum Hen. 3. existentium , nec in tanta multitudine , de plebe , uspiam reperisse aliquid , nil in his delituerit . Give me leave ( saith he ) to speak frankly , I believe , I have collected an hundred Acts of Councils ( and the forms of most ) from the coming in of William the First , to the going off of Henry the Third ; nor in so great a number have I any where found any thing of the Commonalty , nothing of it lies in them . And yet , it may be probable , that Henry the Third , toward the end of his long , but troublesome Reign , brought them in , to counterpoise the Factions of his seditious Barons : for , tho at the making of the Statutes of Merton , there is not the least mention of the Commons , yet in those at Marleborough , they are thus named , The more discreet men of the Realm , being called together , as well of the higher , as of the lower Estate . And in the Title of the Statute of Westminster the first , made in the third of Edw. 1. ( who , as he was first of his name , after the Conquest , so he was the first , that setled the Law , and State , and freed this Kingdom , from the Wardship of the Peers ) it is thus said , These be the Acts of King Edward , Son to King Henry , made at Westminster , at his first Parliament , &c. by his Council , and by the Assent of Arch-Bishops , Bishops , Abbots , Priors , Earls , Barons , and all the Commonalty of the Realm , being thither Summoned , &c. And so , that word Parliament , which ( as Sir Henry Spelman says ) in King John's time , nondum emicuit , was not yet got up , other than by the name of ( Commune Concilium Regni ) The Common-Council of the Kingdom , came in use , as it is now taken , and the Commons , as they are at this day , an essential , and constituent part of the same , and a third Estate . 6. That the Lords Temporal are one Estate of the Realm , was never doubted ; Mr. Selden begins his Privilege of Baronage with it : and when the Commons came in to be another , I question not but I have fully prov'd ; and if now I shall make it appear , that the Lords Spiritual are one other Estate of the Realm , distinct and separate , from the Lords Temporal ( I hope ) I shall have gain'd my point , and that the King is not one of the Three Estates . In order to which , 1. The Lords Spiritual sit in Parliament , by a different Right , from the Lords Temporal , viz. by Succession , in respect of their Counties , or Baronies , parcel of their Bishopricks ; and the others , by reason of their Dignities , which they hold , by Descent , or Creation . 2. They sit in Parliament , in a different Robe , and on a different side of the House , from the Lords Temporal , and are commanded thither by a different form in the Writ , viz. In fide , & dilectione , &c. And the Lords Temporal , In fide & ligeancia , &c. 3. They have a Convocation by themselves , consisting of an Upper House , viz. Arch-Bishops , and Bishops ; and a Lower House , viz. the Procuratores Cleri , called together by the Kings Writ , and have the same Privilege for themselves , their Servants , and Familiars , as other Members of Parliament ; and grant their Subsidies apart , and distinct from the Lay Nobles ; as may be seen by the respective Acts , by which they have been granted , as also , ratifi'd , and confirmed . 4. The general stile of all Acts of Parliament hath been such , that sometimes the Ecclesiastical Lords are respectively named , as Arch-bishops , Bishops , Abbots , Priors ; as well as the Temporal Lords : and sometimes , by the inclusive name , of the Prelates ; and so to the 10th . of Richard 2. where it is said , By the Assent of the Lords and Commons : under which general words , of the Lords , they seem at first to be included , as if they were but one Estate with them ; were it not in the 13th . of the said King , again said , Of the Assent of the Prelates , and Lords Temporal , and Commons . And in another , of the 20th . By the Assent of the Prelates , Lords , and Commons ; and in the 14.15.16 . and 17. of the same King , By the Assent of his Parliament ; and , the Parliament ; and none of them named apart : from which time , till the 4th . of Henry 4. the word , Prelates , was again continued , and then , thus altered , viz. By the Assent of the Lords Spiritual , and Temporal , and at the special instance , and request of the Commons ; and in the fifth of the same King , By the Advice and Assent of his Lords Spiritual , and Temporal , and at the request of the Commons ; which so continued without any variation in substance , until the 18th . of Henry 6. at what time it became , as we have it now , viz. By the Advice and Assent of the Lords Spiritual , and Temporal , and the Commons . Besides , if the Lords Spiritual were not a third Estate , what is the reason that at the making of the Statute of Praemunire , that the Commons having declared , that they would stand to the King , in the defence of his Liberties ; and praying , that all the Lords , as well Spiritual , as Temporal severally , and all the Estates of Parliament , might be examined , how they thought of that matter . The Lords Temporal , being so demanded , answered every one by himself ; and in like manner , the Lords Spiritual , severally examin'd , answered by themselves : which affords me a double Argument , 1. That by all the States of Parliament there must be necessarily intended , more than two , if it were for no other reason , than mere propriety of Speech . 2. That the King could not make up , that other , or third Estate ; because , he is desired to examin all the States severally , which he could not do , if he had been one of them himself : so in the 40th . of Edw. 3. ( which I should have named first ) when the King asks advice of his Parliament , Whether King John could have subjected the Realm , as ( what in him lay ) he did , The Prelates by themselves , the Dukes , Earls , and Barons by themselves , and the Commons by themselves , answered , That he could not . From which , nothing seems clearer to me , than that the Lords Spiritual , are one Estate , distinct from the Lords Temporal ; or otherwise , what needed they have been examin'd , by those several names , of Spiritual , and Temporal , or as severally answer'd , by the same appellations . 5. And now , if yet there remain'd any doubt , we have one Act of Parliament , clear in point ; where , the question being , whether the making of Bishops had been duly and orderly done , according to Law , the Statute says , which is much tending to the slander of all the State of the Clergy , being one of the greatest States of this Realm . And so , having found Three Estates , without the King , I think ( in good manners ) we ought to spare him . I have hitherto offered some Reasons , nor without their Authorities . I come now to somewhat more direct , if yet , those of the 40th . of Edw. 3. the 16th . of Rich. 2. and the 8th . of Qu. Eliz. last mentioned could be thought otherwise . I 'll begin with the Statute of H. 8. where this Kingdom is called an Empire , governed by one Supreme Head , and King , unto whom a Body Politick compact of all sorts , and degrees of People , divideth in Terms , and by names of Spiritualty , and Temporalty been bounden : and who can believe , that the Authority of a Parliament , should utter any thing in Parables , or under double meanings , contrary to the common sense of the express words , or that there was ever intended , by the words , ( divided in Terms , and by names of Spiritualty and Temporalty ) so many mere words , and no more ? However , to take off all doubt , Sir Edw. Coke says , The High Court of Parliament consisteth of the Kings Majesty , sitting there , as in his Royal Politick Capacity , and of the Three Estates of the Realm , viz. the Lords Spiritual , the Lords Temporal , and the Commons : And so Cowel , The word Parliament , in England , we use it for the Assembly of the King , and the Three Estates , viz. the Lords Spiritual , Lords Temporal , and the Commons . And , Title Statute , he saith it signifieth , a Decree , or Act of Parliament , made by the Prince , and the Three Estates ; unto whom ( as I said before ) they are subordinate , in the Legislation , and of no Power of themselves , but joyned to their Figure , have the full strength of their places : which in short we may thus farther demonstrate , under the familiar instance of a Dean , and Chapter ; of whom , the Dean is no part , but ( Caput Capituli ) the Head of them . And now if any one shall demand , why this term of the Three Estates does not so frequently occur to us , of Ancient time ; I answer , That before the Commons were brought in , there was no thought of it ; and since that time , no dispute of it ; until of late , where many a worse twig was ( even learnedly ) made use of , to stilt , and bolster a Ricketed Cause· However , it is not too late , that the Point is cleared now . And so we have it , in the Act for Unifermity of Publick Prayers , made the 14th . of this King , where the Form of Prayer , for the Fifth of November , is thus entitled , A Form of Prayer , with Thanksgiving , to be used yearly , on the Fifth day of November , for the happy deliverance of the King , and the Three Estates of the Realm , &c. And with this agrees the Kingdom of Scotland , of which , Mr. Cambden , in his History of Britain , says , That their Supreme Court , is their Parliament , which consisteth of Three Estates , The Lords Spiritual , the Lords Temporal , and the Commons , for Cities , and Burghs : of which , the King is Directus totius Dominus . And so a Parliament of that Kingdom reckons them : It is ordained by the King , by Consent , and Deliverance , of the Three Estates . And the Act of asserting the Kings Supremacy over all Persons , and in all Causes Ecclesiastical ; and the late Indictment , against Argile ; and the Acts , for the Acknowledging , and Asserting , the Right of Succession , to the Imperial Crown of Scotland : And that other , for ratifying all former Laws , for the security of the Protestant Religion , agree in point with it : Nor is it strange they should , inasmuch , as neither their Langue , nor their Laws , especially , such as are criminal ( as may be seen , by comparing their Regiam Majestatem , with our Glanvil , De Legibus , written in Henry the Second's time ) much differ from ours : And the Union of the two Crowns , in the Person of King James , is called , An Union , or rather , a re-uniting of two Mighty , Famous , and Ancient Kingdoms , yet anciently , but one . And that the Laws of Ireland ( a distinct Realm , or Kingdom , from both ) say nothing of this matter , I take it to be , for the same reason , that the Romans made no Law against Parricide , They never dreamt it . SECTION VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . I Have hitherto shewn , that the Crown of England , &c. is Supreme , Sovereign , and Imperial ; nor will it be from the purpose now , to demand , Wherein has our present King , less merited , than any of his Regal Ancestors , that it should appear less on his Head , than theirs ; especially considering he is so far from not getting up to 'em , that ( his Royal Father only excepted ) he has out-gone them all in his own example ; albeit he wanted not the too many just occasions of having been otherwise . To recapitulate some few of them ; nor is it less than fit , to burn Incense , where ill Odors have been cast , or rais'd . To have seen ( then ) three famous Kingdoms , that had so often acknowledg'd his Princely Progenitors , their undoubted Heirs , ( like Aesop's Pots ) broken , against one another : To have examin'd the Quarrel , of which ( whatever were the pretences ) nothing other was in the bottom , than to kill the Heir , and divide the Inheritance : To have beheld his Glorious Father , Disarm'd by one Party , and in that condition , left to the growing designs of another , and the merciless Cruelty of both : To have consider'd him , not forsaken only , but ingratefully edg'd forward to his Destruction , by those Mushromes , whom his Royal Influence had fermented into somewhat : To have recollected his many Messages , fruitless Treaties , and that after all condescensions , nothing would content them , without the Kingdom also : If there be yet room for a thought ; to have remember'd ( after the Faith of both Houses given him ) how he was brought to Jerusalem to be Crucifi'd by the Jews : To have once more remembred , Him , The Fountain of all Law , Justice , and Honor , publickly arraign'd , by the Tail of the People , and that too , under the false detorted names of Law , Justice , and Honor of the Nation , nor without the Fucus of their Religion also , brought in , to sanctifie the Ordinance : To have remember'd him ( I say ) Traiterously Sentenc'd by his own Subjects , and as ignominiously ( even while the Heads of the Faction ( as the Phrase of that time was ) Were seeking God ) Infesto Regibus exemplo , Securi percussum , and Murder'd before his own Palace ; Kingly Government abolish'd ; the Name , Stile , Title , and Test of the King , alter'd into , The Keepers of the Liberty of England , by Authority of Parliament : That notion of a Parliament too , which by the same fatal blow , cut themselves off , also : Let me not seem tedious , to have remembred himself , Proscrib'd , and thereby , made High Treason , to Proclaim him King ; The Oaths of Allegiance , and Supremacy damn'd ; The Royal Ensigns defac'd ; The Coin alter'd ; The Regal Statue thrown down , and under that Vacancy , Engraven , Exit Tyrannus , Regum ultimus , Anno Libertatis restitutae , primo : In short , to have remembred his helpless Friends , either starving at Home , or by not complying , necessitated into Forein Arms , and not the least number of them , so unfortunate , as to have surviv'd the Ruines of their ( once ) Families ; and lastly , the more unhappy himself , that could only look on and pity them . — Quis talia fando , Temperet ? — What private Gentleman could have born it ? But perhaps you 'l say , he wanted the opportunity ; I think not : For if we consider him , as he was at that time , not only return'd from his Fathers Allies , but the same Profest Son of the Church of England , he first went out , and in that , the Darling of the People ; what particular person , or number of men , might he not have singled from the Herd , as a just Sacrifice to his Fathers Ashes , and his own Revenge ; had he design'd any ? He had an Army at his beck ; The Navy regenerated ; All Forts , and Garrisons re-inforc'd with Royalists ; The Country return'd to its former Allegiance ; and the City , crying out , Yea , let him take all , since my Lord the King is return'd to his own House in peace ? What ( I say ) might he not have done ? especially considering , that such as had been obnoxious , could not but expect , that the Cloud must break , and be afraid , where it might fall , and consequently ready , each man to have given up his nearest Relation , to save himself , — Et quae sibi quisque timêre Unius in miseri exitium convertere — Can a Mother forget her Son ? Or a Son , such a Father ? And yet , Quanquam animo redit usque Pater , tamen excutit omnem , Rex melior — he so far forgot it , as to avoid the occasions of remembring it : Nay , which of his Enemies lookt up to him , and return'd empty ? Was not the Childrens Bread thrown among them , while the helpless Orphans scarce lickt up the Crums ? And has not that fulness of Bread , provok'd them into wantonness ? They have eat , drunk , and now rise up to play ; and 't is a shrewd sign they are idle , when nothing will serve them , but they must be Sacrificing in a Wilderness ; yet , what greater Testimonies could there be , of an entire Forgiveness ? And if so , this methinks should at last mind us , that as Vapors rising from the Earth , stay not long in the Air , but fall on the same Earth again , That we also , as truly sensible of the Mercy , return him ( at least ) the grateful Acknowledgments of an humble Obedience . SECTION VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . I Gave an account before , of that hard Law of the Kingdom given to the Jews , and yet we find not throughout the Story , that they did in the least repine at it , but rather the contrary ; for when upon the Constitution of Saul , some Children of Belial , ( for so the Text calls them ) had despis'd him , saying , How shall this man save us ? The People ( whose hearts God had toucht ) in the next Chapter , ver . 12. say unto Samuel , Who is he that said , Shall Saul reign over us ? Bring the men , that we may put them to death . And what value they put on their Kings Person , may be seen in this , that Saul's Armor-bearer , chose rather to kill himself , than perform that last ( if yet I may so call it ) charitable Office , to his distressed Master , then ready to fall into his Enemies hands , and praying it ; neither would the People suffer David to go forth before them to Battel ; For if we flee ( say they ) they will not be much concerned at it , neither if half of us die , will they care for us ; but thou art worth ten thousand of us . In short , he that was King among them , did whatever pleased him ; And whatever the King did , pleased all the people . And was not this a perfect love between a King and his People ? was there ever a more exact , or entire Obedience ? An Obedience , to be reckon'd for Righteousness ? And yet , what new paths do we take to our selves ? when , if we would but examin Holy Writ , we might find that , every where directing us to our Duty . As , 1. Negatively ; in that we are commanded , not to think ill of the King ; Curse not the King , no , not in thy thoughts : much less then , may we speak it , Thou shalt not speak evil of the Ruler of thy people . Least of all , may we do him hurt : Touch not mine Anointed . 2. Affirmatively , We are commanded to keep his Commandments , and that in regard of the Oath of God : Neither may we give him any just cause of anger ; Whoso provoketh him to it , sinneth against his own soul. To which , if any one shall say , they were Kings themselves , that spake it , and 't were much they could say nothing in their own behalf : I answer , That besides that it has been ever receiv'd for Holy Writ , Job , who wrote many Centuries , before there was any King in Israel , puts the question , Is it fit ( saith he ) to say to a King , thou art wicked , or to Princes , ye are ungodly ? The Interrogation is affirmative , and after the manner of affirmative Interrogations , concludes negatively , i. e. No , it is not fit ; for , says the same Eccles. ( which is another of the same ) who may say unto him , What do'st thou ? To which also if it be yet objected , that this Law was given to a peculiar People , and that no Law ( but the Law of Nature , which is immutable ) obliges any , to whom it was not given : I answer ( as before ) besides that it is Holy Writ , what inconvenience is it , if we give the same credit to God Almighty , we generally allow to other Law-givers ? and the rather , in that God , is not the God of the Jews only , but the Gentiles also . That Reverence , the Jews paid their Kings , by a Written Law , the Ancient Heathens took up from a mere impulse of Nature ; and yet , what the manner of their Kingdoms were ( in that the Jews did but desire to be like all other Nations ) you have had before . Q. Curtius tells us , that the Persians had such a love to their King , that Alexander could not persuade them , either for fear , or reward , to tell him whither their King had fled ; or reveal any of his intentions . In like manner , when Xerxes fled from Greece , in a small Vessel , so full of men , that it was impossible for him to be sav'd , without throwing some over-board ; the Nobility leapt into the Sea , and by their example , others , till the Ship was lightned , and the King preserv'd . And so Boëmus Aubanus , speaking of the Aegyptian Kings , saith , that they had so much love from their People , Ut non solum sacerdotibus , sed etiam singulis Aegyptiis , major Regis , quam uxorum , filiorumque salutis , inesset cura , That not only the Priests , but every one of them had a greater care of the Kings safety , than of their Wives , and Children . And in another place , speaking of the Tartars , Albeit their King ( saith he ) upon his Inauguration , tells them , Oris mei sermo , gladius meus erit , My word 's my Sword ; and that all things are in his power , and no man may dwell in any part of the Land , but what is assign'd him by the King ; yet , nemini licet imperatoris ve●ba mutare , nemini latae ab illo sententiae qualicunque modo contraire ; No man may alter his Decree , or in the least tittle dispute his Commands . Besides all which , the obsequious impiety of elder times , attributed the name of God to their Emperors ; and whence ( perhaps ) it might be , that Joseph swore , By the life of Pharaoh ; — Sceptrum , capitisque salutem Testatur — And the Romans , By the Majesty and Genius of the Emperor : And the drinking his Health , at Publick Feasts was decreed to Augustus ; as we have it in Peter Ursinus his Appendix , where also , he cites S. Ambrose , speaking of the custom of his time , Bibamus ( inquiunt ) pro salute Imperatorum , & qui non biberit , sit reus in devotione : Let us drink ( say they ) the Emperors Health , and let him be damn'd that refuses it ▪ in which the Father taxes not the thing , but their ill of doing it . In the offering of all which , let me not be mistaken , as if I design'd to insinuate , that such a Power as those Kings I so lately mentioned , did exercise , might be practicable now , or any municipal Law , alter'd ad libitum ; no , that were to justifie that Arbitrary Power , so often talkt of , and against which , our present King , hath so publickly declar'd ; the absolute , and unlimited Sovereignty , which they have by the Ordinance of God , having from time to time ( by their Bounty ) been limited , and bounded in the ordinary exercise thereof , by such Laws , and Customs , as themselves have given the Royal Assent unto , and allowed ; so that in effect , it may be said , What have we , that we have not received ? Upon which score it is , that a Subject may maintain his Right , and Property , and have Judgment against the King ; and in such cases , the Judges are bound to right the party , according to Law : And there are many things also , of which it is said , The King cannot do them , i. e. because he will not do them ( quia refragantur ordini ) as being contrary to the Law , and Order , establish'd in his Realm : And therefore , neither can our Kings , or ought they in common justice to be esteem'd , or thought the less , when they have scatter'd any Flowers of their Crown on their Subjects , in asmuch as the root rests in the same place , and is as productive of more , when deserved . But suppose ( may some say ) the King be a wicked King , a Tyrant , an Idolater , or however else the licentiousness of an enrag'd Rabble may render him , may not the subordinate Magistrate , the Nobility , or People , restrain , or remove him ? I answer , No ; for besides that the Precepts of Obedience to Kings , are without restriction , and therefore extend to all Kings , be they what they will ; if it be not lawful for me to judg another man's Servant , how much less then , my own Master , whose Power over me is just , tho it may so happen , that he use it unjustly ? The Israelites had a sharp bondage under the Egyptians , and wanted not numbers to have made their party good : The Land was filled with them , and Pharaoh confesseth them , the more mighty ; yet they thought it better to quit the Country , than rebel : Nor was their condition much improv'd in Babylon , and yet they are commanded to offer Sacrifices , and pray for the Life of the King , and of his Sons ; and to seek the peace of the City where they were Captives . Samuel pronounced the rejection of Saul ( whom also , David afterward spar'd ) yet neither incited the People to rebel against him : Nebuchadnezzar , Achab , Manasses , were Idolatrous Kings ; and yet Daniel , Elias , and the Holy men of those times , continu'd their Obedience , and tamper'd not with others , to infringe theirs : What shall I add ? our Saviour commands us to give unto Caesar , the things that are Caesars , and the Apostle who exhorts , That , first of all , supplications , prayers , &c. be made for all men , forgets not more especially , Kings , and all that are in Authority : In short , the Primitive Christians resisted not their Idolatrous Persecutors , and yet contrary to the opinion of Bellarmin , and Buchanan , they wanted not numbers : Vestra omnia implevimus , ( saith Tertullian ) urbes , insulas , castella , municipia , conciliabula , castra ipsa , decurias , Palatia , forum , Senatum : cui bello non idonei , non prompti fuissemus , qui tam libenter trucidamur , si non apud disciplinam nostram magis occidi liceret , quam occidere ? We fill ( saith he ) the whole Empire , your Cities , Princes Houses , Castles , Corporations , Councils , your very Camps , Courts of Justice , Palaces , Market-places , Senate ; with whom are we not able to make a War , who so willingly offer our selves to the slaughter ? did not our Religion teach us , that ( in such cases ) it is better to be killed than kill . But instead of it , pray'd , That God would give them , Vitam prolixam , Imperium securum , domum tutam , exercitus fortes , Senatum fidelem , Populum probum , orbem quietum , & quaecunque hominis aut Caesaris sunt vota . A long Life , a secure Empire , safe House , valiant Forces , a faithful Council , loyal People , quiet State ; and whatever were the desires of a man , or Emperor : They preferr'd God , before Julian's Idolatry , yet , when he said , March , they obey'd him . And if Idolatry be not ground for a Subject to resist his Prince , much less then may cases of lesser consequence , which touch not the Foundation , but are only circumstantials : And of this kind , are all ( Adiaphora ) things in themselves indifferent , whether to be made use of , or not made use of , however , coming to be commanded , by a lawful Authority , the indifferency ceases , and every man is obliged in Conscience to comply with the Command , as especially in such cases , where he has made himself a party , by his Representative ; and from which , if he might retract , by saying , it was not the sense he meant , why also might not the King , in some other case , say , he was mistaken , when he gave the Royal Assent ? for I do not find , that the Subject here , shall be in a better condition , than the King. And then , make the consequence who will , which is as easily done , off-hand , as other matters , that require no study . And here I might instance several Ceremonies , which , albeit they were first devised by man , for the more decent order in the Church , and tho the keeping , or omitting them , is in it self , but a small thing , yet the wilful , and contemptuous transgression , and breaking of a common Order , and Discipline , is no small offence , against that rule of the Apostle , Let all things be done in a seemly and due order : and is no more of private interpretation , than is Scripture , which ( like the Law ) pronounceth nothing , but in the mouth of a Judg. To speak once for all , our Saviour who was an Hebrew , amongst whom , the Roman Customs were not so altogether in use , gives us a remarkable example , in this matter , and I think no man will question his Authority , — Solem quis dicere falsum Audeat ? He was ( I said before ) an Hebrew , and yet , if we examin his converse among the Romans , we shall find it generally , comporting to their manners . To pass the rest , that one of Instituting his last Supper , seems to me to carry no small force : The Triclinium ( a Bed , not unlike our Couches without backs , but broader , on which the Romans at their Feasts , lay in a manner extended , on their Sides , Breasts , or Elbows ) was not in use among the Jews , that ever I yet met , or learn'd ; yet when our Saviour was to keep the Passover ( which the Jews did , their Loins girt , their Shoes on their feet , their Staves in their hands , and in hast ) the Text says , Discumbebat cum duodecim , which signifies the manner , how the Romans used those Beds ; and from whence S. John is said , to have leaned on his bosom : yet admitting , that he sate down , it is enough , to prove , that it was not the Jewish custom , for they stood : besides , the form of the Table seems to have been Roman , viz. Orbicular , or Oval ( of which kind , we have several figures , in Rosinus , Lipsius , and others ) and the reason of it was , that every ghest might put his hand in the Dish , without reaching over another : and this is further plain , by that answer of our Saviour , to his Disciples , asking him , who should betray him , Qui intingit manum in Paropside , &c. He that dippeth his hand with me in the Dish , the same shall betray me : neither is it possible it could have been a long Table , for then , how could our Saviour ( as we have it in another Evangelist ) have given him the Sop ; in as much , as Judas being the last of the twelve ( and perhaps for that reason also , carrying the Bag ) must in all probability have sate lowest , and out of reach of the Sop , as well as of the Dish : from all which I infer , that if our Saviour , who was no Roman , conform'd himself to the customs of the Roman Empire , to which the Jews , were at that time Tributary , how much more then ought this be a sufficient ground to us , whereby to follow his example ; especially , in matters , otherwise indifferent , where they are not commanded ; it being but reasonable , that in standing weight , even a grain of Authority should turn the Scale . Least of all then is injury any ground for a Subject to oppose his Prince ; inasmuch , as no man can be said to be injur'd by him , of whom , by the Law of God , and man , he can take no revenge , without a greater injustice . S. Peter was reproved by our Saviour , for drawing his Sword against Authority , tho in defence of his Master : S. Paul checks himself for a bare slip of his Tongue , against the High-Priest : And look back into the Old Testament , those times also , hold no such custom , but rather the contrary : Thus Moses , and six hundred thousand footmen , besides children , and a mixt multitude , fled from Pharaoh : David , in the head of an Army , ( and those , if we consider the persons , desperate enough ) from Saul : And Elias , from Jezabel , seven thousand men yet left in Israel , that had not bow'd their knees unto Baal : And as they fled , others supplicated : So Jonathan , for David to Saul : Ebedmelech , for Jeremiah , to Zedechiah : And Esther ( a Queen ) for her Nation , to Ahasuerus . In short , if any cause should be admitted , for which Subjects might resist , that cause , would never be wanting , against any Prince ( let him reign never so justly ) whom the people shall call an Idolater , or Tyrant ; and how easie it will be , to conclude him one , or both , especially , where they that take upon them to give the Sentence , shall make the case , I leave it to every man : Impiety must be the ground to accuse him , and that , the common pretence , whereby to depose him ; as if a King , like a Chinese god , might be whipt into a compliance , or if that will not do , thrown in the fire , and another set up in his room , during the same pleasure , or better behaviour . In a word , I spake erewhile of flight , and supplications , but they that are too stiff for the one , will rarely bend to the other , unless ( when they can do no more ) they appeal ( from the King , to Alexander ) from himself , unto himself , as presuming , that private Spirit which knows not how to deny , will yet so prevail on his publick capacity , that he will remit any thing . SECTION IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . I Have brought it thus far , that Princes are to be obey'd , and yet , ere I close the Argument , it will not be from the purpose , if we examin how the People were wrought from it in the late times , and of what ill consequence , the like impressions may be at present . Wise men are safe , they have wit enough to keep within themselves ; but , 't is the Mobile vulgus , the Ignota Capita , Sine nomine turba , that only fall within my discourse . And truly , considering this Kingdom in its self , — Potens armis , atque ubere glebae , A Land so considerable abroad , and fruitful at home , That Virtue , and Fortune , which ( according to Florus ) seem'd to have contested about the raising of the Roman Empire , might have been truly said to have concenter'd here : And withal , considering the evils we have past , and the happy days we might enjoy , if we pleas'd our selves , it would confound Astrologers , to observe such Planets , such masculine Planets , Ascending , in Conjunction , in the Houses of their Exaltation , and yet the Kingdom , Planet-struck . — Pudet haec opprobria dici ; Et dici potuisse , & non potuisse refelli . To examin it a little further , and the rather , for this , that by viewing the Cards , by which the last Game was play'd , we need not be once more cheated , unless we please our selves . That the People were so beset , is agreed of all hands : Whither do Rheumes , and Humors resort , but to the weakest parts ? yet , this was not to be done all at once ; no , they were first to be prepar'd , and then so dispos'd , that they saw nothing but ( sub imagine lusca ) by a dull false light . To have askt the People about sixty years since , if they would have taken Arms against their Prince , That Prince , whose Ancestor had given them so much , they could not readily tell , what to ask more ; no doubt but they had startled at the question , and answer'd , as Hazael to Elisha , Is thy servant a dead dog he should do this thing ? No , that was a gobbet too large for their throats ; but given bit , by bit , there was no danger of the swallow , were it never so raw . Seldom appears the Devil so ugly as the Painters make him , that were enough to convince an Atheist ; but when he offers himself as an Angel of Light , who would suffer him to shake off the dust of his feet on them ? And here , Religion was a main instrument , but it must stay its time : no man serves up the last course , till the first , and second are over : the King was to be first reduc'd to necessity , to the end , that being forc'd to extraordinary means for supply , he might attract an odium : nor must he be supply'd , but from hand to mouth ; however , what he might want in that , he had it otherways , press'd down , and running over : complaints of Grievances , Treasure mis-spent , Necessities contracted by mis-providence , Remonstrances against Favourites , not forgetting the Old Ingredients , of Growth of Popery , and Arbitrary Government : and if this was not the Art of that time , my Author has done them wrong , and that he is seldom guilty of . By this time the People were shod with the Preparation of the Work ; and now , the French are ready to land , and the old Vault smells rank of Powder again : The Kingdom must be put into a posture of Defence , and the Militia into Confiding hands ; Fears and Jealousies promoted ; Bishops , and Popish Lords Excluded ; the Well-affected Counties Associated ; Monies raised ; themselves Perpetuated ; Publick-Faith set up ; the Excise slurr'd on the People for repaying it ; and the holy Covenant , to pin the Basket : And one would think they had laid in well enough , and yet , besides the 11 Millions ; which the Plate , Rings , Bodkins , &c. within London , Essex , and Middlesex , besides other Counties , amounted to , it is publickly declar'd , That if any Papists , would bring in any considerable Sums , upon the Propositions , they should be received ; albeit they tax'd his Majesty for raising an Army , by the help of Papists ; as their Disciples , some years afterward , hired Owen Roe O Neal , to raise the Siege at London-Derry in Ireland , then Beleaguer'd by his Majesties Forces ; not without suspicion , that they over-paid him his Wages in a Parting Glass . And now 't is time that Religion Trump up , and justifie all they had already laid , or were to act for the future . A painful , Gospel-Ministry , must act its part , and S. Ant'lins Lectures , lead the way to the Artillery-yard : in order to which , they beat down morality , that having swept the house of one Tenant , it might be the readier for another . Ye must not ( said they ) plant Gospel-Truths on legal Foundations , or the rotten Crab-stocks of carnal Principles : who ever found fault with Fresh Herrings ? and shall we despise Truth because 't is a novelty ? 't is a sign men have a mind to sleep , when they draw their Curtains , and will have no more light come in : whereas , it is your work to enquire after further light : To call out , what of the night ? How much of the night of Popery and darkness remains ? How near are we to the taking the possession ? and how long may we be kept off ere the Scepter of the Kingdom be advanced ? And is not this fine stuff ? And yet the Pulpit-Drums of that time beat no other March : And all this by Scripture too ; nor ( as to themselves ) without reason : Don't we give Children Hony and Raisins , with their Worm-seed ? and g●ld Pills , for men of riper years ? Did ever Dog swallow a Cork without Butter ? or even a Fool , Angle , without hiding his Hook in a Bait ? No , no , the Needle must be first in , and the Thred follows of course . Absalom had never gotten the People to him , had he not mask'd his Rebellion , under a Vow at Hebron ; for the Text says , They went in their simplicity , and knew not any thing . Yet it was not to be expected , that Religion alone should carry on the work , or that the same old drudg Cloak , should still hold out Rain , without a new Lining : Wisdom built her house on more Pillars than one , and a mere Foundation was too hazardous for their new Jerusalem , without Props and Buttresses : And therefore , to prevent the question , Do any of the Scribes follow him ? there must be Hinters , as well as Holders-forth ; Leading-men to countenance that for Law , which their Assembly had predetermin'd , should pass for Gospel . Corah and his Companions , were of the Tribe of Levi ; Dathan and Abiram , of the Tribe of Reuben ; Heads of Families , men famous in the Congregation ; Clergy , and Laity ; dissembled Sanctity , to usurp'd Authority : And that their Quarrel was Government , under the pretence of Religion too , appears by what they said to Moses , and Aaron , Ye take too much upon you , seeing all the Congregation are holy , every one of them , and the Lord is among them : wherefore then lift ye up your selves above the Congregation of the Lord ? So Adoniah ( when his Father David , the Kingdom of the Jews being not yet become Hereditary , had caused Solomon to be Crowned King , while he yet lived ) the better to colour his pretence to it , took to him Abiathar , the High-Priest , and Joab the Captain of the Host : And who would think it strange , that a short-sighted , Sand-blind Multitude , should scruple to follow , where such Guides lead them ? I have hitherto with what briefness I could , accounted some slights of hand within our own memories ; and shall it be reckoned to our inadvertence , or folly , that they pass twice in the same Age ? That the Devil was once in the Herd , we have Authority enough ; but that he never should quit it , we hold no such Prophesie . And yet methinks the Game is playing over again , or else , what meaneth this bleeting of the Sheep , and lowing of the Oxen ? this talking with the People upon the Wall , or making them believe , that they , that came into the world ( as Cato into the Theatre ) only to go out again , should yet be the Saints that are to judg , and inherit it ? why must they that carry their Souls in their Eyes , and their Brains in other mens Heads , be once more buzz'd with Laws , Liberties , Conscience , Dissatisfaction ? or ( like Larks ) dar'd to the Net , with every thing ? Prognostications , Prophesies , Prodigies , &c. which , albeit ( like Mercenary Soldiers ) they may be brought to fight on either side , yet every man superstitiously interprets them to his own advantage , and lets them speak no other Language , than what his wishes , hope , or fear , put in their mouths : In short , we have had enough of the Arts by which the people have been already impos'd on , nor will it be unworth the while , if we consider , of what ill consequence , such , or the like impressions , may further be to them ; inasmuch also , as those Spiritual Druggists , give out the Commodity without garbling , and vend what they please among the Rabble , for staple Goods and warrantable . Man , as he is a rational , so also is he a compound , gradual Creature , the way to his reason , being by his sense , and appetite , which being disturb'd , or prepossess'd , how is it possible for him to take any thing aright , more than for him that is out in the premisses , not to be worse mistaken in the conclusion ; or , than that a Bowl , deliver'd short , or narrow at hand , should ever come up with the Block : some Birds are whistled into the Snare , others driven , and Dotterils caught by imitation of such postures , as others put themselves into : Argus had an hundred eyes , and yet was surpriz'd sleeping : The evil one in the Gospel , sow'd tares , while the Husbandman slept ; and what worse effects may not such impressions have upon the multitude , whose whole life is but one long slumber ; or at best , Per pocula noctes ? And therefore considering them ( as the Athenians in the Acts ) ever spending their time in nothing else , but either to tell , or hear some new thing ; or , taking them , as they are , weak in judgment , but violent in will ; believing , as they affect , and presaging , as they believe ; how easie is it to make them serviceable , to any aspiring design , shall be cast before them ? And if so , how are they to be entrusted with themselves ? much less , to be lasht down-hill especially , if when we have any credit to the Poet , we also allow him in the advice to Phaeton , Parce ( puer ) stimulis , & fortius utere loris , Sponte suâ properant , labor est inhibere — For tho they would be quiet enough , if their drivers would let 'em , yet if once they get the Bitt in their teeth , or find the Reins lie loose on their necks , they grow wild , unruly , seditious , and no longer apt to be govern'd , or ruled ; and as another on the like occasion , — Non audivere jugales Imperium , & prono nec sat stetit orbita coelo . And therefore the Psalmist , that reckons it among the Prerogatives of God , to still the raging of the Sea , subjoyns immediately , and the madness of the People . Who would have thought , that Jack Cade ( alias ) Captain Mend-all in Henry 6th.'s time ; Jack Straw , and Wat Tyler in Richard 2.'s time , and their Rabbles , could have done any mischief ? and yet , they put the Kingdom into such a Convulsion , that it required some time ere it recover'd its limbs . And here , I wonder any Citizen of London can look upon the Bloody Dagger , in the dexter Canton , of the City Arms , and not remember the Loyalty of Sir William Wallworth , then Lord Mayor of London , who with his own hand , knockt down Wat Tyler , in the Kings presence , in Smithfield , and and thereby dispers'd the Rabble ; in memory of which action , that Augmentation , was first given them . In like manner , That of Thomas Anello ( or Massinello ) in Naples , about 34 years since , where so inconsiderable a thing , as the Gabel on a Basket of Fruit , or Fish , rais'd the People into a Rebellion of above 200000 men , in less than five days ; wherein ( ere it ended ) 't was odds , but the Neapolitan Courser , had ( for all the Bridle , and Saddle ) thrown his Rider , had not the Policy of that time , thought the acquest of a disputable Crown , of less concern , than the setting up again a declining , but popular , emulous , not to say pretending Family , and giving it once more , the opportunity of an Estate , that was but too mighty in Obligations already . Add to this , the late Assassination of De Witt , and his Brother , in Holland , by a wild Rabble , which also , had not been so easily quieted , were it not natural with the common People , enragedly to vent themselves on the stone that hurt them , and never regard the hand that threw it . And yet in all this there was no pretence of Religion ; but it heightens the case when that shall be edg'd in , to blanch the design : and however the voice may be the voice of Jacob , it seldom happens , but that the hands , are the hands of Esau. What mischiefs , did the Army of God , and the Church ( for so they stil'd themselves ) in King John's time ? The Holy League , in the time of Henry 3. of France ; which , albeit himself entred into , for the Extirpation of the Hugono●s , yet it was not long ere it was turn'd upon him : John of Leyden , and Knipperdolin in Germany : The Sword of the Lord , and Gideon ( as it was then called ) under John Knox , in Scotland : And the Solemn League and Covenant in our own times ; the Brands of which are it seems ) not so altogether extinguish'd , but that they , more than once , began to take fire again , tho the flame were prevented . And do we not find , that in all these , a demure , down look , and an uplifted eye , went more than half way , and a mistaken violence , the undisputable Character , of a zeal to the cause ? How much therefore , have the people more need of a Pendulum , than Fly ; somewhat to moderate , not multiply the motion ? it being here , as with Gossips Tongues , much easier to raise the Devil , than lay him . Who ever put a Sword into a mad-mans hand to keep the Peace with ? or entrusted an Ape to range in a Glass-shop ? yet such , or worse must it be , where the People are the Reformer , who never examin what they are doing , but how to run farthest , from what they were last . And if so , what mean these new Trains , to the old Fuel ? Jealousies , Murmurings , Repinings , Libels , Licentious Discourses , false News , half Whispers , Disputing , Excusing , or Cavilling upon Directions ; sometimes praising the Government , yet but slightly ( at most ) and that too , not without some pity of Defects , and ill management — Ay but — and a shrug — It were to be wish'd — but who can help it — we had — and may have again — however — a good man — 't is pity : and what 's all this , but the blowing one up , to break him , or lifting him from the ground , to be the surer of throwing him ? or , is it not what the Psalmist speaks of , Sagitta volans in die , &c. The Arrow that flieth by day , and the Pestilence , that walketh in darkness ; for tho it be not level'd at any particular mark , it cannot be , but that it must hit some body , as being shot among a crowd ; and so not improperly , in S. Hieroms Translation further rendred , by Daemonium meridianum : And truly if the Conventicles at this day ( as the Preamble of the Act for the Preventing , and Suppressing Seditious Conventicles , and Sectaries , says ) did not under pretence of Tender Conscience , contrive Insurrections , why might they not be contented with enjoying their private Opinions within their own Families , and any other number of persons , not exceeding four ? But alas ! alas ! Religion is not the matter , but following , and Parties : Is it peace Jehu ? What hast thou to do with peace ? Get thee behind me : They carry ( 't is true ) peace in their mouths , but their hands , are making ready to Battel . I 'll close this point with the double advice of our Saviour to his Disciples : Beware of the leven ( i. e. the Doctrin ) of the Pharisees : for the better understanding of which it is requisite that we consider them as they were , that is , a sort of men of the strictest Sect , of the Jewish Religion , appearing outwardly ( more than ordinarily ) righteous unto men , but within , full of hypocrisie , and iniquity : for , they did works , but to be seen of men : they shut up the Kingdom of Heaven , against others ; but , enter'd not themselves : they made long Prayers ; but , under that pretence , devour'd Widows houses : they tyth'd Mint , Annise , and Cummin ; but , neglected the weightier matters of the Law , &c. and therefore our Saviour calls them eight times , in the same Chapter , Hypocrites ; and their Doctrin , Hypocrisie . Besides ( as Josephus says of them ) they were subtil , proud , scrupulous , such as were able , openly to practise against Kings , and presumed to raise War against them , and among them : for , whereas all the Jewish Nation , had by Oaths , oblig'd their fidelity to Augustus , these men , to the number of 6000. and upwards , refus'd it . And truly the very word ( Peruschim ) whence the name is derived , speaks little less ; for it comes from the Hebrew Verb , Parasch , which in the Conjugation Piel , signifies to divide , or separate ; in which acceptation , they are by the Greeks , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. Separatists . And by the well observing this , we shall be the better enabled , to follow that other , Take heed that no man deceive you ; for many shall come in my name , and shall deceive many : for there shall arise false Christs , and false Prophets , &c. Behold , I have foretold you : wherefore , if they shall say unto you behold he is in the Desert , Go not forth ; Behold he is in the secret chambers , believe it not : What our Saviour here said to his Disciples , he said to all men , in them ; and therefore , to make it applicable to our selves : when any such Prophet , or dreamer of Dreams , shall offer us peace , in the Wilderness of a Multitude , and Religion in the lurking holes , or covert of a Conventicle , that voice had need continually sound in our ears , Go not out ; and , believe it not , be as often redoubled ; for much better it is , that we leave the Ark to shake , as it shall please God , than follow any unworthy hands , that may pretend ( even a Call ) to support it . SECTION X. A further enquiry , Whether any Exclusision of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , be not as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . I Am fal'n upon an Argument , of which , some may , I could not be content to do , but I must over-do ; and yet ( permissu Superiorum ) I conceive , not : for besides that my design in it is plain , and honest , as only tending to the continuance of that peace , which , his Exclusion , may probably endanger ; it is none of the non disserenda , nor is there ( that I know ) any Law against it : And therefore , I shall ( without further Apology ) put my self upon the favourable interpretation of my Reader , as placing more assurance in the innocence of my own meaning , than the most reserv'd caution , or wariness of words . He that would hit the mark , must take his level before he part with his Arrow ; and he that would not be cheated , had need see the Scales try'd , as well as weigh the Commodity : In like manner , he that will give a true judgment of this matter , must begin with the end , that by viewing the advantage , and disadvantage of either hand , his judgment , and election , may be the more clear , and the less apt to slide into error . We 'l take the case then as it has been of late , in relation to his Royal Highness the Duke of York : The People were upon a pin , and nothing will satisfie them , but he must be Excluded , The advantage propos'd by it , not a little plausible ; The security of the Protestant Religion : and very well ; Depositum custodi , was the advice of S. Paul to Timothy , and 't is a good account of a Steward , that he has lost nothing : But here the question will arise , Whether the Protestant Religion , profess'd at this time , in this Kingdom , may not be sufficiently secured against Popery , albeit the right Heir should happen to be of that Persuasion himself . And ( with submission ) I conceive it may : for if such a person could be excluded , it must be done by Act of Parliament , and if so , where lies the difference , that an Act of Parliament , for the security of the now Establish'd Religion , against any Popish Successor , may not be of the same force as an Act of Parliament , for excluding him , in as much , as the Authority is the same : to which , because I seem to hear some one , more than whispering , that in the one case , he will not have the opportunity , in the other he may : I answer , That it is morally impossible to introduce the Romish Religion into this Kingdom , albeit the Prince were of that Persuasion : for tho the Kingdom follow'd Edw. 6. his Reformation , and Queen Mary tackt them about to the Church of Rome ; and Queen Elizabeth bore up again for Edw. 6. yet it will not be the same at this day ; for as to Edw. 6. it was no great wonder that the Kingdom follow'd his Reformation ; for besides that , it was in the hurry of a Change , Henry 8. who , tho he forsook not the Church , but Court of Rome , had yet shaken it out of its Authority , and by dispersing the Abby Lands , among such as help'd him , put it out of a condition , of recovering suddenly : And now , Religion being not the only question , who can tax the Politicks of that time , for not standing to the Pope , when by setting up that Authority again , they must infallibly have hazarded , if not lost their new interests ? whereas by complying with the Reformation , they were certain of keeping , what they had already , and in a fair way of getting more : And withal considering , there were several Opinions , at that time boiling up , what mighty matter was it to bring them to cry , Erravimus cum patribus nostris . And as to the Kingdoms tacking again with Queen Mary , that also is not so much to be wonder'd at ; for considering , that under Edw. 6. the Harvest was as yet small , and the Laborers many ; and those too not altogether knit , among themselves ; and that he liv'd not , long enough , to see the last stone laid ; and that the Queen coming in , so near after her Father , Henry 8. found ribs , and planks enough of the old Ship , left , to patch up another , for the present occasion , or till a better could be had : And the main obstacle , of securing the Abby Lands , in the hands of the Temporalty , as they lay then , dispers'd among them , being first reconciled ; no wonder ( I say ) if the Kingdom footed it to the Queens measures , and that the note was chang'd , to Super vias antiquas . In like manner , that the Kingdom follow'd Queen Elizabeth , in the Reformation , begun by her Brother Edw. 6. it is not so strange ; for considering also , how short a time Queen Mary reign'd ; and ( an inexcusable fault in Musick ) that she began a Note too high , and by that means was forc'd to run it up , even to cracking the strings ; and that the Reformation had ( by that time ) gotten some face , and credit in the world ; and therefore , the violent Persecution of it ( like Winds to young Trees ) not overthrowing it , had but fasten'd its Roots ; and withal , that such as had gotten any Church Lands , knew not what another Parliament might do , or what flaws ( in after times ) might be found in the former ; and that the probable way , of making all sure , was to order it so , that it should not be in the Popes power , to hurt them , if he would ; neither here also was it a wonder , that the Kingdom joyn'd with Queen Elizabeth , and alter'd the Carol , to a Canticum novum . But the case will not be the same at this day , for besides , that we have the Authority of a Church , confirm'd by several Acts of Parliament , even the People now , pronounce Schibboleth without lisping . Fox his Martyrs , are not yet forgotten ; and tho the Writ , De Haeretico combruendo , be taken away , the crackling of the Faggots still rattle in their ears : Nor of less concern are the Loaves , than the Doctrin ; the Land on which the Faggots grew , than the Faggots themselves : It is now 150 years since those Abby Lands were given out , and by this time , they are assimulated in Succum & Sanguinem ; and the fear of losing them , has begot more ill blood , than the first grant of them did good . I have heard of one Impropriation , given back to the Church , but the Lands , remain much as they were , tho not altogether in the same hands ; they yield good Rent , and many men are of Vespasian's mind , That all Gold , has the same scent . Sell all thou hast , and give it the poor , lost our Saviour a Disciple ; and would be thought as hard a saying now : Men are loath to part with their Wedding garment , especially , where it may so happen , to be the best to their backs . Add to this , the vast improvements made upon them in so many years , and the several exchanges , intanglements , and dispositions from hand to hand , that it would puzzle , even the Church it self , to say , which were her Sons Coat ; from whence , I close this , That let the Rabbies talk what they will , of Venient Romani , Nay , till they lay the way half plain before them , it will be yet morally impossible for them , to take away , either our place , or Nation , and much more to raise any superstructure of their own . Besides , the Crown of England , is an ancient old Entail , the Reversion , in Him , by whom Kings Reign ; and is it not reasonable , that he were first consulted , before it be dockt ? or admitting it were to be done , how are we sure , that he that is to come after , shall always continue of the same opinion ? or how are we secure , he shall not be worse ? The Spaniards have an excellent Proverb , Better is the evil we know , than the good we do not know . Sana Corpora difficile medicationes ferunt ( saith Hippocrates ) 't is better to make alterations , in sick Bodies , than sound : Twigs , and Saplings , may be easily bow'd , or remov'd ; but old grown Trees , are not so safely ventur'd on : 'T is the same in State : Innovations and alterations , even in little things , are dangerous , for it seems to acquaint the people , with the sweetness of a change , and that there may be somewhat yet , still better , which ( like our Philosophers of the Stone ) they had undoubtedly hit , but that something in it , unluckily miscarried . But , may some say , have not such things been done before ? Was not Richard Duke of York in Henry 6. 's time declar'd by Parliament , incapable of Succession ? ( Nay , after he had been declared , Heir apparent ) and was not Queen Mary , and Queen Elizabeth , the same ? I grant it ; but 't is ill arguing à facto , ad jus . That because such things have been done , that therefore they may be done again . Examples must be judged by Laws , and not Laws , by Examples . We have in our own times seen , A King murder'd by his own Subjects , and that too , under the specious pretences of Religion , and Law ; Monarchy abolish'd ; Allegiance made Rebellion ; and Iniquity , establish'd by a Law : And is this an Argument ( think ye ) that the same things , may be yet practis'd ? To give it a more particular answer ; They were declar'd incapable of Succession : 't is true , but not upon any account of Religion , but interest , as the affairs of those times then stood : but yet 't is as true , that Edw. 4. Son of Richard Duke of York recover'd the Crown , notwithstanding the said Declaration ; the only cause of the War , between the Houses of York , and Lancaster , proceeding from the Right of one , and the Possession of the other . In like manner Queen Mary , and Queen Elizabeth , were both declar'd by Parliament , not inheritable , and excluded from all Claim , or Demand to the Crown ; and yet they both successively Reigned , notwithstanding the said Temporary Disability ; which ( it seems ) the accession of the Crown , purg'd , as well as it has been said of an Attainder ; and yet their different Persuasions , diametrically opposite to each other . No man yet , ever chang'd his condition , but in hopes of bettering it : Hath a Nation chang'd their gods , which yet , are no Gods ? ( saith Jeremiah , upbraiding the ingratitude of the Jews ) And therefore , a wise man begins from the end , and first considers , whether that be adequate , to the hazard he runs . Touching the security of Religion , I have already spoken ; and next to the glory of God on High , the chiefest end of Man , is peace on earth . The end of War is Triumph , and the end of Triumph , Peace : The clashing of the Steel and Flint , wears out one another , and brings forth nothing but Fire : whereas , Peace is the Balm , that heals the Wounds , and the Cement , that fills up the Breaches of War. How careful then ought we be , to avoid , even the beginnings of strife , which Solomon aptly calls , the letting out of waters , and will of themselves , quickly wear the breach wider . Upon which , it properly follows , that we weigh the advantages we have by continuing as we are , and the disadvantages , or inconveniencies , that have follow'd such Exclusions . As to the former , 1. The continuance of a Succession in one descent , and according to proximity of Blood , is a bar to Pretenders , and the ordinary occasions of Mutiny , Competition , and Invasion , are thereby taken off : And to this purpose Tacitus , Minoris discriminis est Principem nasci , quam sumi . It is less hazard , to have a Prince born to hand , than to be forc'd to seek one ; because Subjects more naturally submit to an undoubted , unquestionable Title , and Enemies will not be so ready , to be fishing in clear water . A third , never attempts the bone , till two are quarreling . 2. We secure our selves against those disorders , which such a breach opens an infallible entrance into , and gives Ambition , and Insolence , the reins at large , which seldom stop , but multiply themselves , and the whole State , into confusion ; when after all , the best seldom carries the day , but the violent takes it by force . Of which we need no further for instance , than the ancient Brahon Tanistry , before Hen. 2. his Conquest of Ireland . 3. It takes away the danger of having a new Family to provide for : Time was , the Empire could have spread her wings ; but now , she has past so many hands , and been so deplum'd upon every change , that she has almost lost all her best Feathers , and kept little to her self , but the despair , of getting them back again , 4. It avoids the indignity of a repulse . Was ever Prince yet content , to see another sit on his Throne ? Or did ever men reckon the Sun the less , that it had suffer'd an Eclipse ? No ; mankind naturally pities any thing in distress , and passionately croud to the recovering beams . In short , we picture Time , drawing Truth out of a Pit ; and seldom find , Majesty so sunk under water , but some , or other , have been ever buoying it up again . 5. There is a present Union , and Amity between these Kingdoms of England , Scotland , and Ireland ; and who knows , whether they may be of the same Opinion . As to Ireland , it has been determin'd where it shall be bound , by an Act of Parliament , made in England ; howbeit there is a Gulph between us : But as to Scotland , the Question was never yet put ; not that I speak , as if the Kingdom of Scotland , which never did , should now begin ) to give England Law. No , nor will I believe it ever thought — however , were we at odds , — Fas est , & ab hoste doceri . Which was the better Son , he that said he would not go , but went , or he that said he would go , but went not ? They have Recogniz'd , and Declar'd , That the Kings of that Realm ( deriving their Royal Power from God alone ) do succeed thereto , according to the proximity of Blood. And that no difference in Religion , nor any Law , nor Act of Parliament , made , or to be made , can alter or divert , the right of Succession , and Lineal Descent of that Crown , to the nearest , and lawful Heir , according to the degrees aforesaid . And that by Writing , Speaking , or any other way , to endeavour the Alteration , Diversion , Suspension , or debarring the same ( by any Subjects of that Kingdom ) shall be High Treason . So now , if it should happen , that the Kingdom of England should be of a contrary Opinion , must it not in all moral probability , open a gap to a new breach , and thereby hazard the rending asunder those two Crowns in Blood ; the uniting of which , were so wisely design'd by H. 7. and as happily took effect in King James , without Blood ; and what must the consequence of it be , but that we once more fall to the old trade again . — Furit omnis turba , suoque Marte cadunt — And when ( perhaps ) it shall be said of the Conqueror , as of Alexander ( in his Expedition against the Parthian ) That he lost more by the War , than he got by the Victory ; whereas Prudence , in the Adventure , looks at the return , and in the hazard , at the likelihood , and advantage , of the success . Lastly , We hereby take off all occasions of jealousie ; to which , almost every thing serves for Fuel , scarce any thing for Physick ; it being but natural , That he must fear many , whom many fear , how groundlesly soever . But , may some say ; Peace without safety is but a breathing , or bare Truce , at best . How can that man sleep securely , over whose head , a drawn Sword hangs by a single Hair ? And who shall be Judg of that ? The Prince , whose safety depends on the love of his Subjects , and never Acts , but by his Council ; or the Multitude , who ( besides that number , and Truth , are seldom of the same side ) never condsier what they do , or the true reason why it happen'd , to be so hung ? What causes that Thunder in the Clouds , but the cross encounter of Fire and Water , mutually tending to their centre of safety ? And while a people keep within their own Circle , what danger is there of a Prince's breaking in upon them : God had looked upon the Earth , and pronounc'd it corrupt , before he sent a Deluge among them , to cleanse it . In short , there is an old saying , Divide , & impera ; and I think , another , no ways inferior , Vis unita , fortior ; I am sure it is true in experience ; he that would pluck off a Horses Tail , must do it , hair by hair ; and he that would shake a Faggot in pieces , must first pull out some considerable Stick , or cut the Band. I come now , to the disadvantages , or inconveniencies , that have attended the laying by the right Heir . Revolts , Usurpation , and Exclusion differ in term and sound , but are the same in effect , and ( which they hold in common ) never wanted their Embroils : The revolt of the Ten Tribes from Rehoboam was the fore-runner of the Captivity ; for having drein'd and weaken'd themselves with intestine War , what wonder if ( like the Frog , and Mouse in the Fable ) they became a prey to the next offerer ? The Senate of Rome excluded Nero , but mist their aim ; for one part of the Army set up Galba ; another , Otho against him ; a third , Vitellius against Otho ; a fourth , Vespasian against Vitellius ; still bickering , and beating one another to pieces , until Vespasian brought all into one hand again . Harold usurp'd on Edgar Atheling , and what was the effect of it ? but that it open'd William the Conqueror a passage to the Kingdom , and gave both encouragement , and success to the enterprise . In like manner those more prosperous Usurpations of William Rufus , and Henry the First , upon their elder Brother Robert. King Stephen , on Maude the Daughter of Henry the First , and her Son ( afterwards ) Henry the Second . King John , on his Nephew Arthur . Henry the Fourth on Richard the Second , and Richard the Third , on Edward the Fifth ; were they not founded in Blood , and defended with more ? and therefore he that shall bring them in precedent , had as good save a ramble abroad , and instance , in O. Cromwel at home . In short , the Exclusion of our King Edward the Third , Son and Heir of Isabella , Daughter and Heiress of France ( under pretence of a Salique Law ) occasioned the loss of their best men , and Kingdom also : and did not we half lose it again , on the same account , by Henry 4. his Usurping on Richard 2 ? It is true , Henry 5. recovered it again , but his Son Henry 6. almost as soon lost it , by the civil Broils between him , and Richard Duke of York , ( slain at Wakefield ) which yet ended not , till his Son Edw. 4. had recovered the Possession . And what fruit ( I pray ) did we reap of those Wars ? or rather , were they not such , as of which the Poet speaks ? Bella geri placuit , nullos habitura triumphos ! How much better then is it , by learning from other mens harms , to keep the beaten road , with safety , than upon every new notion , to entangle our selves in those passes , wherein , so many before us , have lost their way . And especially , having the light of an Act of Parliament , directing and telling us , That the ambiguity of several Titles , pretended to the Crown , then not so perfectly declar'd , but that men might expound them to every ones sinister affection , and sense , contrary to the right legality of the Succession , and Posterity of the Lawful Kings , and Emperors of this Realm , had been the cause of that great effusion , and destruction of mans Blood : And what can any man expect , but that the same cause will again produce the same effects ; and the like Asterism , the like Revolutions . To draw towards an end : It is the advice of our Saviour , Whatsoever ye would that men should do to you , do ye , even so to them , for this is the Law , and the Prophets . Would any one ( think ye ) submit , to be brain'd by a Billet , albeit in amends it were said to his Heir , the like shall never be done to your self ? especially , when the same hand , that did the one , cannot promise , for any that shall come after it : To one , praying Lycurgus , to settle a popular State in Lacedaemon , that the basest might have the same Authority , as the highest : Begin ( quoth he ) to do it it , in thy own house , first : I know not of what Spirit other men are , but if there be such a one to be found , let him throw the first stone . And yet who knows , but there may be somewhat more than we see ? Is there no old grudg ? No — Manet altâ mente repôstum ? No — Spreti injuria ? Is it all pure Religion , and undefil'd : All dry , down-right conscience ? No biass ? No interest ? No self in the case ? 't is very well : Judas made a charitable motion for the Poor , yet it might have seem'd better , had he not carried the Bag , tho he headed no Party . In short : Commines saith , He is to be esteemed a good Prince , whose Virtues are not over-ballanc'd by his Vices : And the Persians never condemn'd any man ( tho convicted ) till his former life , had been weigh'd by the same Ballance , and found wanting . To apply it : I skill not to flatter , even the dead ; and yet a moral justice is due to the living : or , our Saviour had never said , The laborer is worthy of his hire ; and Solomon , Withhold it not . Is not his Royal Highness the Son of that King , whom our late Parliaments have so often declar'd a Martyr ? and the onely Brother ( and as yet , indisputable Heir ) of this King , who hath forgiven so much , and ( to speak once for all ) Crimes greater than every thing , but the mercy that forgave them ? And what could the world have design'd him more , than what the eepectation of his mighty Birth must ( by course of Nature ) have given him ? Even the new phrase , acknowledges it ; The Presumptive Heir of three Imperial Crowns : and yet during the Banishment of the Royal Family , who serv'd with more Courage Abroad ? And since their happy Restauration , what Private Person made more Honorable Hazards at Home ? When yet he had many things to fear , and nothing to desire , but the Peace and Honor of the Kingdom : I need not far for instance , of what meets us every where : Witness for all , that memorable 3. of June , 1665. in which great Action ( with the loss of one single Ship ) he destroy'd and took 18 of the Dutch Ships of War , whereof half , were the best they had ; and touching which , a late learned Judg of the Kingdom of Ireland , thus Epigrammatically accosted his Majesty : Ad Regem , &c. Subdidit Arctoum tribus olim classibus aequor Edgarus ? At vestrae pars quota laudis erit ! Obsessum Maris Imperium , felicior armis , Asseris , & Batavas conteris ( ultor ) opes . Euge ! triumphato da jura perennia Ponto : Jam scit cui Domino pareat unda Maris . And must he after all this be smother'd in his own Perfumes ? Must those Glories he reapt from the Enemy , serve him only as so many Garlands to a destin'd Sacrifice ? And because he has deserv'd too much , will nothing but an Ostracism pay off his Debentures ? Let every man lay his hand on his breast , and once more make the case his own ; and then , I doubt not , but he will walk up to the thing he startled at , and by giving himself a distinct view of what ( before ) frighten'd , be the more easily persuaded into his senses , and shame his fear : And I press it the rather , in that his Royal Highness ( I have it from a Noble hand , of too much Honor to falsifie ) hath so often declar'd , That were it in his power to effect it , he would rather cut off his Arm , than make the least alteration in the Religion , or Law of the Kingdom , as it is now establish'd : And if Truth be sacred with private men , how much more must it be with a Prince ? when , whoever wounds it , to save himself , does but take a blow on his head , to save his hilt . To draw to an end ; Has any man for companies sake been persuaded out of his way , what dishonor is it if he comply with the advice of the Angel to Hagar , Return , and submit ; or that other of our Saviour to the Lawyer tempting him , Go , and do thou likewise : and then he will the more unbiastly determin , whether Religion , or Monarchy , be the point in question , and what these murmurings against the Heir mean , if they carry not under 'em , a design on the Inheritance : for , let the pretences be what other they please , even the best Virtues may be suspected , when they become ostentations ; and therefore , when men shall mask their Conspiracies with the name of Publick Good ; pretend Conscience , against Duty ; love to their Country , whereby to chalk a way to their own Ambition ; zeal to Religion , to cover their own wild-fire , they may ( I say ) be suspected , as made use of , rather to purchase a Principality on Earth , than the Kingdom of Heaven ; in as much as such courses , have been ever condemned , by the same Religion they would pretend to defend . Upon the whole matter : What the pretences of the late times ended in , we have most of us seen , and what influence they yet held on our own , we had ere this felt , had not God been more merciful , in the discovery of the late horrid Association , and Conspiracy , against the lives of his Sacred Majesty , and his Royal Brother : Who would not swear they were of the same batch ? for they agreed in substance , however otherwise , they might differ in circumstance : both ( like Sampson's Foxes ) were set upon destruction , tho they drew the fire-brands a contrary way . Those of 1641. did their work by degrees , Nemo repente fuit turpissimus — One Party , murder'd our late Sovereign , as a King , before the other , murder'd him , as a man ; tho each yet , as deep in the guilt , as t'other ; for , Qui vult media ad finem , vult etiam , & ipsum finem ; He that wills the means con●●ucing to the end , wills also the end it self : These of this present , have seen that error , and thus far repented it to his Son , That they laid the Ax to the root of the Tree , and took up the advice of Abishai to David ( when they had found Saul sleeping . ) Let me smite him even to the earth at once , and I will not smite him the second time : But , God has been once more seen in the Mountain ; They are sunk in the Pit they made , in the Net which they hid , is their own foot taken : And therefore , to the numerous congratulations on this happy delivery , I 'll close all with that of Barclay , Vicimus O tandem non inaudita piorum Vota Deis ! Nunc , alma salus , nunc , secula curat Jupiter : Omnis Io superum domus ! omnis honores Ara ferat ; nullaeque vacent a fronte Coronae . Which I have thus adventur'd to Translate , as more agreeable to the present sense , than any useless dwelling on the Letter : We have o'recome ! nor were our Prayers in vain ; We 're once more safe ; and Heav'n , proves Heav'n again : Your Organ Temples ! Deck your Altars round ! Hallow the Threshold ! Let the Posts be Crown'd ! FINIS . Notes, typically marginal, from the original text Notes for div A66571-e1060 Cicero de legibus , lib. 3. Ovid Metam . Gen. 1.26 , 27 , 28. That it is founded in nature . Virgil Geo. As consonant to the Divine Government . And of Divine Institution . 1 Chron : 29.23 . 2 Chron. 9.8 . 1 Sam. 2.10 . 2 Sam. 22.51 . Obj. Sol. 1 Lam. 4.20 . Isa. 45.1 . Jer. 25.9 . Acknowledg'd by Heathens as well as Christians . Hesiod . Homer . Acts 17.28 . Psal. 82.6 . Arch-Bishop usher . Psal. 8.6 . 1 Pet. 2.13 . Cain a Monarch . Seld. Tit. Hon. 4. The Kingdoms of Saturn , &c. Monarchies . De legibus , l. 3. Just. l. 1. That the original of Power came not from the People . The Irrationality of the contrary . Co. 8. Rep. 92. Vide Bishop Sanderson's Preface to the Power of Princes . The ill consequence of it . Rom. 13.2 . Dyer 256 Co● 4. Rep. 24. Noah and his Sons Kings . Seld. Tit. Hon. 5 , 6. Gen. 10.32 . Ecclus. 17.17 . A Family an exemplary Monarchy . Gen. 9. Gen. 21. Aristot. pol. l. 1. c. 8. What the Paterfamilias was . Pro Quintio . De Repub. l. 5. His power of life and death . Pro domo sua . Gen. 49.1 . Pol. l. 1. c. 8. Gen. 4.7 . 2 Kings 2. The exercise of it in Judah . Gen. 38. Abraham . Gen. 22. Jephthah . Judges 11. Gen. 22. Godw. Jew . An●●q . c. 1. Judges 8. Brutus . Monarchy , upon the increase of Families . Esau. Gen. 36 , Gen. 14. Josh. 12. The Assyrian Monarchy . The Persian . The Grecian . The Roman Monarchy . All other ancient Nations Monarchies . Bodin . Selden's Tit. Hon. 10. And as universally received by the Moderns . Precedent to all other Governments . Arist. pol. l. 4 , Lord Baeon . The several Forms of Government . Arist. Pol. l. 3. c. 5. And their Rotations . Discourse on Livy , Deca . 1. Aristocracy . Democracy . Virgil. Ovid. Metam . Tyranny , to be rather wisht than either . Examples in Athens , &c. Florus , l. 1. Tacitus , l. 1. Rome from the first Consulate . Florus , l. 1. c. 23. Their Tribunes . Rosi● . Antiq. l. 7. c. 19. Lib. 1. c. 24. Id. l : 3. c. 14 , 15 , 16 , 17. Several Seditions . Marius and Sylla . In vita Syllae . Fastorum , l. 4. Crassus , Caesar , Pompey . The two latter divide . Flo. l. 4. c 4. Ibid. cap. 8. Lib. ● . Ep. 75. Caesar complemented to Rome by the Senate . God. Rom. Ant. 171. Flo. l. 4. c. 7. The Triumvirate . Rofin . Antiq. l. 7. c. 21. Their Proscriptions . Rosin . Antiq. l. 7. c. 21. And Breach . No peace , until Monarchy restor'd . Florus , l. 4. c. 12. The sense of those times touching this matter . Amp. in lib. memoriali , c. 28. Lucan . Statius . 1 Sam. 8. throughout . 1 Sam. 10.25 . 1 Sam. 8.20 . 1 Kings 2.27 . 1 Kings 25.34 Object . Sol. Deut. 17.15 . Judges 9.18 . 1 Kings 12.3 . Inst. 4 343. Seld. Tit. Hon. 24. Marks of Sovereignty : Power of making Laws . Psal. 60.7 . Virgil. Livy . Psal. 114.1 . And exemption from any coactive Obedience to them . Joseph . Ant. l. 15. c. 14. Panegyr . ad Trajan . Power of Peace and War. De Repub. 163. Id. Bodin , 182. That the Kingdom of England is a Supreme Imperial Monarchy . The Kings Power in making Laws . In his Resusc. fol. 153. Ibid. 154. Ibid. fol. 276 : Sir E. Coke's Preface to his third Report . Sir Jo. Davys Preface to his Irish Reports . 36 Edw. III. cap. 15. Sir Jo. Davys Preface to his Irish Reports . Sir E. Cooke , Sur West . 2. Inst. 4.243 . Inst. 2.286 . Indictment against the Earl of Areyle , 1681. The Kings Power in interpreting Laws . Cited by him in his Postnaci . Sir H. Spelman's Gloss , fol. 107. Inst. 1.99 . Inst. 2.168 . Vide Petition of Right , and his Majesties Answer , 3 Car. 1. Vide Stat. at large , fol. 1433. His being exempt from their coactive force . Inst. 1.99 . Ibid. 73. Ibid. 110. Inst. 4.28 . Ibid. 46. ●ract . l. 1. c. 8. 1 Jac. Claudian . The Kings absolute Power of Peace , and War. Nat. Brev. 113. Ess. of Delay . Inst. 3.9 . 25 Edw. 3.2 . 7 Rep. 25. 13th . of this King , cap. 2. Sir E. Cooke , Inst. 1.90 * Subscribed to , by all the Judges ( in the case of Ship-Money ) and by Hatten , and Crooke , tho they fell off afterward . Sir Will. Dugdale's Short View , fol. 42. Inst. 1.161 . The Kings Power in appointing chief Magistrates , and great Ministers . Smith de Repub. Ang. l. 2. Inst. 2.26 . Inst. 3.7 . The Power of the last Appeal . Inst. 4.343 . Ibid. 341. Matth. Paris , cited by Sir J. Davys , in his Irish Rep. 61. Answer to Petit. p. 88. Ass. de Clarend . 10 H. 2. c. 8. Inst. 4.14 . 16 R. 2. c. 5. Vide , The Case of Premunire , in Sir John Davys . Inst. 4.341 . Inst. 2.602 . Sir H. Hobart , fol. 146. The sole fountain of Honor . Inst. 4.126 . Inst. 1.65 . Inst. 4.363 . Seld. Tit. of Honor , 621. Ibid. 628. Ibid. 630. Inst. 1.69 . May create a Palatinate . Camb. Britt . 464. Seld. Tit. Hon. 530. Inst. 4.211 . Camb. Britt . 600. Plowd . 214. Inst. 4.204 . in the Margin . 9 Jac. in Scac. fol. 49. As also , Seld. Tit. Hon. 693. Stat. Hibern . 14 Car. 2. c. 20. Have made a King and Lord of Ireland . Seld. Tit. Hon. 38.41 . Inst. 4.357 . Inst. 1.83 . Ibid. Seld. 26. Sir E. Cooke 5 Rep. 110. in Foxley's Case . Inst. 3.233 . & 241. The King appoints the value , &c. of Coin. Sir J. Davys , q. v. Case de mixt Moneys . Stat. 25 Edw. 3. cap. 2. Sir J. Davys in Pref. 5. Rep. 114. Inst. 2.576 . Inst. 1.207 . Liege Homage received by our Kings . Seld. Tit. Hon. 26. Ibid. 29. Ibid. 24 , 25.38 . Inst. 3.11 . Their burning those incommunicable Titles of Majesty , &c. Tit. Hon. 594. Ibid. 92. Further instances of the Kings Sovereignty by the Common Law. Inst. 1.1 . Inst. 2.68 . Inst. 1.13 . Ibid. 42. Inst. 1.15 . 1 H. 7.4 . Plowd . 238. Inst. 4.352 . Inst. 3 7. 7. Rep. in Calvin's Case . Ibidem . 23 H. 6. c. 8. 11. Rep. of the Lord De la Ware. 13 Edw. 3. Inst. 4.342 . Vide Seld. Tit. Hon. 21. Ann. Reg. 14. Ann. 40. Ed. 3. Inst. 4.13 . & 357. 18 Edw. 3. Inst. 4.88 . & 104. Inst. 2.167 . Inst. 1.90 . & 344. Inst. 2.496 . Bract. l. 1. Britt . f. 27. Regist. fol. 61. 1 Sam. 6.19 . The like from the Statute-Law , and that the Crown of England is Imperial . Inst. 4.343 . 16 R. 2. c. 5. Vide Article against Woolsey . 21 H. 8. I●st . 4.89 . 24 H. 8. c. 12. 25 H. 8. c. 21. Vide Cap. 22. 88 H. 8. c. 7. Vide cap. 16. Stat. Hibern . 28. H. 8. c. 2. Stat. Hibern . 33 H. 8. c. 1. 1 Eliz. c. 1. and Cap. 3. 5 Eliz. c. 1. 1 Jac. c. 1. Stat. Scotiae 5. Jac. 3. c. 3. Printed at Edenburgh , 1681. The Kings Power in Ecclesiasticks . Sir H. Hob. 143. Inst. 1.94 . Glanv . l. 1. c. 7. Inst. 4.285 . Inst. 1.134 . & 344. Ann. Reg. 17. Math. Paris , fol. 213. Answ. to Pet. fol. 88. 40 Edw. 3. The Act is not in the Statutes at large , but you may find it , Inst. 4.13 . Ibid. 357. 25 H. 8. c. 2. This was set out by Dr. Bernard , in 16 1. in a Book , entituled , Clavi Trabales , with the Bishop of Lincoln's Preface to it , p. 82. Inst. 4.357 . Ibid. 359. Regist. 294. Fitz. N. Bre● . Printed in 1666. 411. 6 Edw. 3.11 . 11 H. 4.68 . 11 H 4.60 . 11 H. 7.12 . Sir Hen. Hob. fol. 146. Inst. 3.238 . Fitz. N.B. 662. Inst. 1.344 . Dyer , 348. Ibid. 294. The same 3 Car. 1 c. 4. Inst. 4.342 . Inter Leges Ed. c. 17. Mr. Hooker , of the Kings Power in matters of Religion , Cla. Trab . 72. Inst. 4.323 . Cro. Jac. 371. 22 Car. 2. That the Kings of England have justly used the Titles of Emperor , &c. and that from Ancient Ages . Seld. Tit. of Honor , f. 17. Sir Edw. Coke's Preface to his fourth Report . Camb. Brit. 189. Ibid. Seld. Inst. 4.343 . Ibidem . Ibid , Seld. 1 Object . 1. Object . 2. Sol. 1. Bodin , l. 2. Ibid. Bodin . Sol. 2. The manner of the Three Estates applying to the King. 3 Car. 1. 1 Jac. 1. 1 Eliz. 3. 1 Mar. Sess. 2. 28 H. 8. c. 7. 1 Rich. 3. 3 Edw. 4. 4 Edw. 3. ●5 Edw. 3. 1 Edw. 1. Stat de Scat. 51 H. 3. What these Three Estates are . Inst. 4.1 . Inst. 1.110 . Lib. 5.233 . De Repub. l. 1. Coll. Fr. T●●ffe his Speech to them , ●rom the Duke of Lorain , 1674. Sir H. Spelm. Gloss. f. 449. 1 Pet. 2.13 . To presume him such , were to make him but a Co-ordinate Power . Bar. Arg. l. 1. He cannot Summon himself . Novum Organ . Aphor. 46. Where were these three Estates , before the Commons came in to be a third Estate ? 1 Chron. 28.1 . 2 Chron. 5.2 . Inst. 4.3 . Answer to Mr. Petit. 19 , 20. Sir H. Spelm. Gloss. 450. Inst. 4 3. For so Mr. Selden takes the words , Tit. Hon. 580. Ibid. 524. Answer to Petit. 44.46 . Ibid. Answ. 52. Seld. Tit. Hen. 581. Ibid. Answer , 56 , 57 , 58. Monast. Ang. Tit. Hon. 581. Pet. 61 , 62 , 63. Tit. Hon. 583. Sir H. Spelm. Tit. Baro. Pet. 80. ad 99. Sir H. Spelm. Gloss. 451. Ibidem . The time when it is most probable they first came in . 20 H. 3. Vide Stat. 52 H. 3. Gloss. 452. The Lords Temporal one great Estate . The Lords Spiritual one other distinct Estate from the Lords Temporal . Inst. 4.1 . Seld. Tit. Hon. 594. Inst. 4.322 . 8 H. 6. c. 1. Stat. 1 E. 1. Stat. 13 E. 1 40 Edw. 3. An Act of Parliament in point . 8 Eliz. c. 1. Express Authorities to prove the King none of the Three Estates . Inst. 4.1 . Cowel Interp. Tit. Parliam . Tit. Scotland , fol. 7 , 8. Stat. of Scotl. 3 Jac. 1. c. 48. Printed at Edenb . 16. October , 1669. All Printed at ●denbr . 1681. English Stat. 1 Jac. c. 1. Inst. 4.351 . A short Recapitulation of Affairs , before his Majesties return . Part of the Epitaph , of Mary Queen of Scots . Scobel's Collection of Acts , 1648. That he wanted not opportunities of resenting them , had he design'd it . Virgil. Strada . 1 Sam. 10.26 . 1 Chron. 10.5 . 2 Sam. 18.3 . Eccles. 8.3 . 2 Sam. 3.36 . Eccles. 10.20 . Exod. 22.18 . Psal. 105.25 . Eccles. 8.2 . 〈◊〉 . 20.2 . 〈◊〉 . 1. Sci. 1. Job 36.18 . Object . 2. Sol. 2. Rom. 3.29 . The like of other Nations to their Kings . Herodot . l. 8. De morib●s gentium , l. 1. cap. 5. Ibid. l. 2. c. 10. Append. ad Pet. Ciacc . de Triclinio , 327. Object . 3. Sol. 3. The precept of Obedience is without restriction . Exod. 1.9 , 10. Ezra 6.10 . Jer. 29.7 . 1 Sam. 15.26 , 35. Idolatry , no ground to resist . Matth. 22.21 . 1 Tim. 2.1 , 2. Bellarm de Po●t . l. 3. c. 9. Buch. de j●re Reg. p. 61. In Apolog. Much less , things indifferent . Dyer , 23.148 . Vide , Preface to the Liturgy , and touching Ceremonies . The example of our Saviour , in his Instituting his last Supper . Deut. 12.11 . Rosin . Rom. Antiq. l. 5. c. 27. Lipsii Saturn . lib. 1. c. 6. Mat. 26.23 . John 13.26 . Mat. 10 4. Least of all , injury . John 18.11 . Acts 25.5 . Exod. 12.37 . 1 Sam. 22.2 . 1 Kings 19.18 . 1 Sam. 19.4 . Jer. 38.9 . Esther 7.3 . If any ground were to be admitted , that would never be wanting . Semido in His● . of China . 2 Kings 8.13 . It was to be done piece-meal . The Kings necessities to be supply'd with complaints . Rushworth's Coll. fol. 40.183.402.656 . Plots discover'd , Fears and Jealousies promoted . Sir Will. Dugd. Short View , &c. from fol. 67. to fol. 124. Octob. 6.1642 . Religion cants its part . 2 Sam. 15.11 . Leading men , to make it Law , and Gospel . The examples of Corah , &c. Numb . 16.3 . 1 Kings 1.19 . The same Game playing over again . 2 Kings 18 . 2● . Prognostications , &c. Hudibras . The ill consequence of such impressions . Matth. 13.25 . Acts 17.21 . Ovid. Met. Barkeley , Argen . l. 3. Psal. 65.7 . The examples of Jack Cade , and others . 4 Rich. 2. Vide , The History , written by a noble Neapolitan . Holy League in France . Comb. Britt . 509. Lord Bacon ● Essaya , 78. Solemn League and Covenant at home . New Trains to the old Fuel . Psal. 90.6 . 22 Car. ● . Our Saviours advice to his Disciples . Mark 8.15 . Acts 26.5 . Luke 18.11 , 12. Mat. 23.27 . What the Pharisees were . Luke 12.1 . Josephus Antiq l. 17. c. 3. Godw. Jewish Antiq. 40 , 41. Mat 25.5.23 , 24 , 25 , 26. Made applicable to our selves . The end , to be consider'd in all things . The advantage propos'd in Excluding his Royal Highness . Wherein is at Act for security of Religion less than a Bill of Exclusion . Object . ●ol . The moral Impossibility of introducing the Romish Religion , tho the Prince were a Romanist himself . The reason why the Kingdom follow'd Edw. 6's Reformation . Queen Maries going back . S●at . 1.2 . Ph. and Mary , c. 8. Queen Eliz. return to it . That the case cannot be the same at this day . John 11.48 . The Crown of England an old Entail . Aphorism : The danger of Innovations . Object . But such things have been done . Sol. ●o has a King been murdered . More particularly answered in E. 4. Qu. Mary , and Qu. Eliz. all excluded by Parliament , yet came to the Crown . 28 H. 8. c. 7. No man changes but in hopes of better . Jer. 2.11 . Prov. 17.14 . The advantages of continuing as we are , Pretenders , barr'd . Annal. 1. Disorders avoided . Vide Case of Tanistry , in Sir J. Davis's Irish Reports , f. 29. No new Family to be provided for . The indignity of a repulse , avoided . Suppose Scotland and Ireland should be of another opinion . Virgil. Act of Scotland , for asserting the Succession of that Crown , 1681. Ovid Met. All occasions of jealousie , taken off . Object . Sol. Gen. 6.12 . Disadvantages that have attended the laying by the right Heir . Revolt of the 10 Tribes . At home . Our loss of France . Lucan . 25 H. 8.22 . Matth. 7.12 . Plutarch in vita Lycur . John 12.6 . Luke 10.7 . Prov. 3.27 . Lord Chancellors Speech to the Parliament at Oxon , 10. Octob. 65. Oliver Jones Esq second Justice of his Majesties chief place in Ireland . Gen. 16.9 . Luke 10.37 . 1 Sam. 26. ● . 〈◊〉 . l. 3. 
A44749	----	Proedria vasilikē a discourse concerning the precedency of kings : wherin the reasons and arguments of the three greatest monarks of Christendom, who claim a several right therunto, are faithfully collected, and renderd : wherby occasion is taken to make Great Britain better understood then [sic] some forren authors (either out of ignorance or interest) have represented her in order to this particular : whereunto is also adjoyned a distinct Treatise of ambassadors &c. Howell, James, 1594?-1666. 1664 Approx. 636 KB of XML-encoded text transcribed from 120 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A44749 Wing H3109 ESTC R21017 12295471 ocm 12295471 59014 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. 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Speed ..., and Chr. Eccleston ..., London : 1664. Advertisement: p. 219. Dedication "To His Majesty" [Charles II] signed: J. Howel. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Great Britain -- Kings and rulers -- Early works to 1800. 2003-12 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Rina Kor Sampled and proofread 2004-03 Rina Kor Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Π Ρ Ο Ε Δ Ρ Ι Α - Β Α Σ Ι Λ Ι Κ Η : A DISCOURSE Concerning the PRECEDENCY OF KINGS : Wherin the REASONS and ARGUMENTS Of the Three Greatest Monarks of Christendom ▪ Who claim a several Right Therunto , Are Faithfully Collected , and Renderd . Wherby occasion is taken to make Great Britain better understood then some Forren Authors ( either out of Ignorance or Interest ) have represented Her in order to this Particular . Whereunto is also adjoynd A distinct Treatise of AMBASSADORS , &c. Symbolum Authoris Senesco , non Segnesco . LONDON : Printed by Ia. Co●…trel , for Sam. Speed , at the Rainbow ; and Chr. Eccleston , at the middle shop under St. Dunstans Church in Fleetstreet . 1664. TO HIS MAJESTY OF Great Britain , France and Ireland , &c. SIR , THer are many who have written of the Pre-eminences and Antiquity , of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority ; But while they magnifie their own Kings , they derogat from other : Moreover , while they produce their Resons , they often fall into such excesses of speech , that they may be calld rather Rodomontados then Resons . But ther is none who hath written yet of Great Britain in relation to this Point ; therfore t is the principal scope of this VVork , wherin ther is an Endevour to make Her better understood ; and to prove by Relevant and lively Resons , ( without offence to any ) That the Monark of Great Britain if He go not before , at least He ought not to come behind any King whatsoever . Now , in regard t is a Theme of so sublime a Nature , and depends chiefly upon ancient Records , History , and the Opinion of Civilians , ( who have bin principally consulted ) the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds . Lastly , The Author ( most humbly under favor ) did deem Himself not altogether incapable of such a Task , for having bin in most of the great Courts of Christendom ; For having Negotiated by Royal Commission above three years in the Court of Spain ; For having bin Orator in an extraordinary Ambassage to Denmark , and divers Princes of Germany ; For having bin so often in France , and sundry Courts of Italy , &c. He may be thought not to be Impar Negotio . May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year , and many , many , many more , according to the due and dayly Devotions of the humblest of Calendis Januarii , 1664. Your MAJESTIES Votaries & Vassals , J. Howel . To the Discerning Reader . THe Ingredients and Matter wherof this New kind of Historical Peece is composd , may be said to be all of Crown-Gold , the subject therof being Kings : Whence it is worth the observing , that History is a Lady of that Excellence , that she hath Kings to her Subjects . We well know what a ticklish and tremendous Task it is to treat of Kings , who have power of Life and Death ; Ther must be as much Caution as Care usd therin ; It is as perilous as it is painful : It is as walking upon the Ridg of a high House , or dancing upon a Rope , where unless one be well counterpoizd , he is in danger to break his Neck ; Especially a task of this high nature , that treats of Regal Precedence . And we find that they who write too peremptorily thereof , have done it with more offence then satisfaction . And indeed ther was never any binding Determination made therof , but where Decisions have bin made , the Princes upon new occasions have excepted or protested against them : Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort ; for — Tantas componere lites Non opis est nostrae — Therfore he refers it to the Discerning Reader , who is left free , and evry way unsubornd to pass his Iudgment accordingly , in mesuring evry King by the merit of his own Resons , which are here fairly and faithfully exhibited ; and those of France and Spain exactly drawn out of their own Authors , having not omitted any that hath any weight . Now , t is found among Historians , that Contestations about Precedence of Session and Superiority , with other Formalities , Complements , Visits and Ceremonies , have bin very fatal to Christendom ; And t is observd also that the various Dignities in the Church hath multiplied them : The great Clash twixt Rome and Constantinople , ( twixt St. Peter and St. Andrew ) was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin : The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire : The great Oecumenical Council at Lyons , which concernd so much the interest of Christendom , broke up about Punctilios for Precedencie : The great Contest twixt Patriarks and Cardinals bred a great deal of confusion ; but at last the Patriarks had the better , for they of Constantinople , Hierusalem , Antioch , and Alexandria precede the Cardinals , though they be calld the Princes of the Church , and have the Prerogative not to be tryed without 72 Witnesses , I mean the Bishop-Cardinals ; 44 Witnesses the Cardinal-Priests , and 30 the Deacon-Cardinal . One of the 24 Causes , ( and it proved the greatest ) that the English lost France , was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency . That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain , after a long lingring War by Sea and Land , broke off for question of Precedence , or rather for the peevishness of the Spanish Ambassadors , who had no other Argument that had any probability of reson , but that the Catholik King was encreasd in Territories ; wheras the Civilians say , that Supervenient and Accessory Dominions , with accumulation of Titles , have no force twixt Princes all the while they continue still in eodem gradu dignitatis . Nor could they give any answer at all to the Arguments the English Ambassadors producd , wherof one was , that of Volaterranus , who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England , before Ferdinand of Spain , as it will appeer more at large in the following Discours . Now , ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence ; somtimes by dilatorious ways ; somtimes by Alternatif Determinations , yet Jure Partium integre reservato ; As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers ; so the hot contest twixt the Ursini and the Colonnas , two of the antientst Families in Rome , was reconcild , that the elder of the two who were living , shold precede , which makes the younger never come to the Popes Chappel , where they take place next Kings Ambassadors . The difference Inter Scherensem , & Wolfeggianam Familiam in Germany was reconcild , that the one shold carry the Pomum Aureum , the Golden Apple of the Empire going in , the other at going out . Among Artificers , and Men of Trade , the Civilians say , that each one is to precede according to the Dignity of the Stuff wheron they work . Moreover , when Publik Instruments are made , that Kingdom in whose Right t is made hath the Precedence , so somtimes Scotland is namd before England , &c. General Precedences do differ according to the Genius of some Nations ; as among the Turks , to go on the left hand is more honorable sedendo & incedendo in sitting and going then on the right ; and the reson is good , because he may seaze upon his Companions Sword at plesure . In Spain the Pages and Laquays go before , and the Lords follow ; And in some cases t is so in France , as in going over a Bridg , a Plank or a River , the Man goes before the Master , according to the old Proverb , En Pont , en Planche , en Riviere Valet devant , Maitre derriere . Concerning Ambassadors , ther is a way that they shall never clash , which is , to make them Parallels , viz. that the Ambassadors of those Kings who stand in competition for Precedence , do never meet ( unless it be in visiting one another ) And the Mathematician tells us , That Parallelae etiamsi ducantur in infinitum nunquam concurrent , Parallels although they be drawn in infinitum , they will never meet ; and if Ambassadors never meet , they will never jussle or jarr . J. H. THE Civilians , Antiquaries , and Historians , BOTH Latin , English , British , Italians , Spanish , and French , That were Consulted , and Cited in the Compilement of this WORK . GOldastus Cassanaeus Besoldus Valdesius Francisco Vasquez Volaterranus Bodin Boterus Albericus Gentilis Lansius Augustin Caranato Thesaurus Politicus Ant. Corsetus Camillo Borrello Boccolini Sleidon Dr. Gaspar Bragaccia Paschalius Don Ant. de Zuniga Mariana Garibai Fredericus de Marselaer Carolus de Grassaliis Du Haillan Comines Pierre Matthieu The Bishop of Rhodes Du Serres Vers●…egan Il Conte Losco The Lord Coke Bishop Usher Sir Thomas More Sir Walter Raleigh Sir Robert Cotton Sir Henry Spelman Sir Richard Baker Sir Iohn Finet Sir Iohn Price Iudg Doddridge Humphry Lloyd Iudg Ienkins Mr. Campden Mr. Selden Mr. Fabian Philipps Barclays Argenis Matthew Paris Polydore Virgile Sir Henry Wotten Sir Isaak Wake Mr. Minshew . Besides these Authors , many Ancient Records and Manuscripts have bin consulted ; and the perusing of old Parchment-Records is a hard and harsh Work ; it may be said to be like the peeling of old Walnuts . ANALYSIS Totius Operis . TOuching the Matter and Method in framing this Work , it is by dividing it into four Compartments , viz. into four Sections ; The first three treat of the Precedence of Kings ; The fourth of Ambassadors . Evry one of the Sections is subdivided into ten heads or Paragraphs , containing still new matter . The first Section consists of the Resons of the King of Great Britain , &c. First , That He had to his Predecessors as ancient Kings as France and Spain , and as famous ; among others Mulmutius Dunwallo , who raignd here many hundred yeers before the Romans came in , and he was so great a Legislator , that his Laws are calld Leges Mulmuntinae , and stand upon record to this day . Moreover , his Majesty now Regnant is the hundred thirty ninth King of Britain , and the hundred and ninth of Scotland ; wheras neither Spain or France can shew a Catalog of half the number . 2. The King of Great Britain had to his Predecessor the first Christian King that ever was upon earth , viz. King Lucius , according to the concurrent Opinion of all Antiquaries , for St. Peters Church in Cornhil was built by him , as a Record yet extant shews ; and this was many hundred yeers before France or Spain had any Christian King , which made England to be entitled in all dispatches from Rome , Primogenita Ecclesiae , the first-born Daughter of the Church . Now , it is a Canon among the Civilians , Summa Ratio quae ducitur à Religione ; and Grotius hath also a Principle , Qui primò Christianismum professi sunt Praecedant , &c. 3. The King of Great Britain hath a Merum & immixum Imperium he hath as absolut Possession and Authority , and more Independent then France or Spain , take Spiritual and Temporal together . 4. The King of Great Britain for Eminence of Royal Dignity , for State and Titles , hath as fair Flowers , He hath as rich Jewels in his Crowns as any other ; He hath as Noble Arms , the Cross , and the Lyon who is King of Animals . 5. The King of Great Britain had to his Predecessor the first Christian Emperour Constantin , and the first Christian Worthy Arthur the first Founder of Martial Knighthood , whom ther is Truth enough to make Famous without that which is thought Fabulous . 6. The King of Great Britains Predecessors were the first who freed themselfs from the Roman yoke long before France or Spain ; and this is one of the greatest Arguments that those Kings do produce for a Precedence one of another . 7. The Kings of Great Britain had Precedence adjudgd Them both of France and Spain in General Councils , as also by the Decrees of Popes , as it will appeer in the following Discours . 8. The King of Great Britain is Souverain of as Noble an Order of Knighthood as any in Christendome , wherof eight Emperours , and well neer eight times as many Kings have bin , and is more ancient then the Royal Orders of France or Spain . 9. The King of Great Britain hath had as Martial and Magnanimous Progenitors as any of the other two , who performd great Acts both far and neer ; and touching Exploits in the Holy Land , the Kings of Spain had little share in them . 10. The King of Great Britain hath as free-born and strong sturdy Peeple of four several Nations to make Soldiers of , as either France or Spain : He hath the best Mariners , the stoutest Men of War , the Noblest Haven , for so Milford is accounted by all Geographers : He hath the Inaccessiblest Coasts , with the greatest Command and Power at Sea both Defensive and Offensive of any King whatsoever . The second Section Consists of Reasons and Arguments why France doth pretend and challenge Priority of Place ; which Reasons ( under favor ) may be appliable also to the King of Great Britain , and the world knows why : But for to make the King of Great Britain come after the King of France , is to make him come behind himself , which is no less then an absurdity . The third Section Consists of the Reasons and Arguments which Spain alledgeth for Precedence , at least of an Equality with the two forementiond Kings ; extracted with as much fidelity as carefulness out of her own Authors , as Don Diego de Valdez , D. Francisco Vasquez , with others . The fourth Section Consists of a Discours of Ambassadors . T is tru , ther are some who have written of this subject already , yet not any under this Meridian ; But those Forreners who have discoursd therof do amuse the Reader with such general Notions , that the Breeding and Qualities which they require , as also the Monitions , Precepts and Instructions which they prescribe , may fit any other Minister of State , or Man of Business . But this Discours doth appropriat it self soly to the subject we undertake , viz. to the Function , Office and Incumbency of an Ambassador . A necessary Aviso to the Reader . WHeras the four following Sections which may be calld so many Decades , in regard evry one consists of Ten several Discourses , which makes forty in all ; I say , wheras they are full of Quotations , Authorities , Texts , Testimonies , and Examples , both Modern and Ancient ; And wheras the Author was not so precise as to point at the particular Pages , Paragraphs , or Chapters where they are found , and wherwith other Books have their Margens so cloggd : The Reader is humbly desird to take this Advertisement , That it belongs to School-men , and Professors of the Laws , who use to deal with matters of Meum & Tuum , or of Life and Death , to be so punctual ; But , under favor , free Historians are not tied to such a strictness : Wherfore they may modestly expect , that , with an Ingenuous Candor the Readers wold carry with them a Generous Confidence , which they may do here without scruple of Conscience , or incurring any danger to wrong their Faith. J. H. Several Books worth buying , to be sold by Samuel Speed at the Rainbow neer the Inner Temple-gate in Fleetstreet . GUillims Heraldry : Folio . Atter sol on Philemon : Folio . Ammianus Marcellinus : Folio . Porta's Natural Magick : Folio . Pharamond , a Romance : Folio . Shepards Actions on Deeds : Folio . Palmerin of England : 4. Artificial Changeling : 4. Bacons History of England : 4. Dr. Griffiths Bethel : 4. Purchas of Bees : 4. White on the Sabbath : 4. Genealogies : in 4. in 8. in 12. Mountagues Essays : 4. Perkins Catechism : 8. Judge Ramsey of Coffee : 8. Ramsey of Poysons : 8. Paracels●… of Metals : 8. Ainsworths Communion of Saints : 8. Sadlers Art of Physick : 8. Burgersdicius Logick : 8. The Life of Henry the fourth : 8. Latine Bibles : 12. Andrews Catechistical Doctrine : 12. Drexelius Christian Zodiack : 12. Wollebius in Latine : 12. — in English : 12. These to be sold by Christopher Eccleston , under St. Dunstans Church in Fleetstreet . CRooks Report : Fol. Wingates Reports : Fol. Latches Reports : Fol. Queens Closet : 12. Wits Recreations : 8. Athanasius Life : 8. Life of St. Cuthbert : 8. Littleton on the Church-Catechism : 8. Wars of the Jews : 8. Cases of Conscience about things indifferent . Grand Case of the present Ministry . Review of the Grand Case . Sales Epigrammatum , being the choicest Dysticks of Martials Epigrams , of chief Latine Poets that have been these last two hundred yeers . Shakespears Plays . Touching the PRECEDENCE OF Soverain Princes . COncerning the Pope and the Emperour , ther never was any question or controversie of their Precedencies , and consequently of their Representatives in all Transactions and Signatures , at all Oecumenical Councils , with other Public Meetings , being allowed to the One ( by those who are devoted to him by way of Filiation ) as he is held The Vica●… of Christ , The Successor of the Prince of the Apostles , The Holy Father , who hath the command of the Spiritual Sword which strikes deep , having Dominion over the Noblest part of Man which is the Soul ; Insomuch that some have magnified Him so far , and fallen to such an excess of speech , as to say , That He antecels all Temporal Princes as much as the Soul excels the Body . Nor do they onely allow him Priority of place , but out of high Ideas of Holiness , both Emperour and Kings esteem it a great honour to hold the Bason and Towel when he washeth his hands ; nay , to hold his Stirrop and Bridle , yea to kiss his Feet : according to the Poet , who gives this Character of Him : Ense potens Gemino , Cujus vestigia adorat Caesar , & aurato vestiti murice Reges . He who commands the Two-edg'd Sword , whose Feet Caesar , and crowned Kings with Kisses greet . Insomuch that when at the great Ceremony of his Consecration by the Cardinal-Bishop of Ostia , the Papal Mitre is put on his head , the chief Deacon says aloud , Accipe Tiaram tribus ornatum coronis , & scias Te esse Patrem Regum , & Rectorem orbis , &c. Receive the Mitre adorned with three Crowns ; and know , that thou art the Father of Kings , and Rector of the world , &c. From hence is derived the Precedence that all other Church-men have ; as at the Election of the Emperour , the three Ecclesiastical Electors , viz. the Archbishops of Mentz , Colen , and Triers , take place of the King of Bohemia , and all the rest . Moreover , out of a special Veneration of the Church , when the Tremendous Oath is read and administred unto them to be just in their choice , the Archbishops put their hands onely upon their Breasts , whereas all the Secular Electors hold their hands upon the Book all the while . Adde hereunto , that the Cardinals being Princes of the Church , deduce such a Pre-eminence from the Pope , that they take Precedence of all Ambassadours whose Masters are devoted to the Roman See. Moreover , among the Peers of France , the Six Spiritual without any scruple take Precedence of the rest : as also our Bishops do in England in the Parliament-house of all the Lay Peers . Furthermore , the Pope hath still such a sway and influence upon the Emperour , that he cannot be stil'd Augustus , or receive the Golden Crown , until he be confirmed by the Consistory at Rome . Of the Emperour . WE come now to wait on the Emperour , who retains still the Title of Caesar , and Semper Augustus : He also is stil'd Numen , Divus ; and his Edicts are call'd Sancita Divalia , God-like Decrees . For many Descents the Empire continued in the Race of Iulius Caesar , until Domitius Nero's time ; then the Name of Caesar grew to be Accidental , and given by way of Adoption to the Heir apparent of the Empire , whereas before he was call'd Princeps Iuventutis : and when the Western Empire came to be reviv'd in Charlemain , the next to succeed was term'd King of Italy , but now he is created King of the Romanes ; which Institution was made by Charles the Fifth . Iulius Caesar was the first who rais'd Rome to an Empire , though it cost him dear : for the Foundation thereof was cimented with his own blood , being assassinated in the Senat by his nearest Confidents in compassing that great work : whereby 't is observable what an extraordinary kinde of Fate did betide that City : for as the first Foundation thereof was sprinkled with Blood when Romulus caus'd his Brother Rhemus to be put to death , when the first Walls thereof were erecting ; so the Roman Empire was afterwards first raised by Caesar's Blood. And the Spiritual Empire she enjoys since , may also be said to have been raised by the Blood of Christian Martyrs , among whom above thirty of the first Bishops of Rome were of the number . Now , if one should compare the present Roman Empire with the Old when it was at the highest flourish , the Parallel would bear no more proportion then a Wren ( who yet is call'd in Latine Regulus , a little King ) doth hold with an Eagle : for the Roman Monarchy when she was at the greatest pitch of Sublimity and Altitude of Puissance and Glory , may be said to have no Horizon , no Termination ( as the Author hath it elsewhere ) while she sate upon her seven Hills , she may be said to have overlooked the World. The City of Rome was then fifty Miles in circuit ; five hundred thousand Free Citizens were computed to sleep within her Walls , by that famous Cense which Vopiscus speaks of . The Roman Eagle fixed his Talents upon the banks of Euphrates Eastward ; on the Nile , and the Mountains of the Moon , South ; on the Danube and Rhin Northward ; and West , as far as the British and German Ocean . Her annual Revenues were computed at 150 Millions , whereof the Salary of her Legionary Soldiers amounted yearly to above 20 Millions , &c. But that high-soaring Eagle , who with full-summ'd Wing flew so far , and may be said to have the Sun himself for her Companion , now with a few broken and tatter'd flaggy Plumes flies onely twixt Danube and the Rhin ; and were she not impd with Austrian Fethers , she wold be as bald as a new-pluck'd Capon . Yet for all this Fatal Stoop , had the Emperour at present all Germany entirely subject to himself , as he precedes in Title and Place , so he might haply compare in Power with any one Christian Prince : for Almaine or Teutony is a Continent of such a vast Expansion , that it might give the Law to any one single Kingdome in Europe were it subject to one Head. But the Emperour in statu quo nunc , may be said to be but Titulary Emperour of Germany : for of those Ten Circles where into it is divided , viz. Austria High and Low , Franconia , Bavaria , Saxonia , Westphalia , the Lower Circle of Saxony , the two Palatinats , and Burgundy , he hath no absolute Authority but onely in Austria , which is his Patrimonial Inheritance . The Government of the rest , though it be principally in the Emperour , 't is diffusedly in the Dier or Imperial Parlement , but contractedly and actually in the seven Electors , who have a kinde of Ius Regale in them , as power of Life and Death , Coyning of Moneys , Levying of Men , and settling what Religion they please ; it being a Rule and Prerogative among them , That Quilibet Imperii Status tantum possit in suo Territorio , quantum Imperator in toto Imperio : Every State of the Empire hath as much power in his own Territory , as the Emperour hath in the whole Empire . Yet they cannot make any League or Confederacy with any other Prince , but with this Reservation , That it be not prejudicial to the common Peace of the Empire . Now we finde that there were many fatal Causes which concurred to bring the Roman Empire to so low an ebb : The first was the Translation of the Imperial Court from Rome to Bizantium or Constantinople , whereby the Eagle grew to be a Monster with two heads , the one looking Eastward , the other West : yet he of the East stil'd himself still for about 400 years The Roman Emperour , governing the West by Deputies ; during which time , a world of tough Northern Nations broke into Italy to draw nearer the Sun ; and there as well as in other places , took firm footing , until Charlemain chac'd them away , who first stil'd himself Emperour of the West by an Agreement made with Nicephorus at Constantinople : which Western Empire also received soon after a fatal Blow by the Partition that his Son Lewis the Debonnaire made to finde Portions for his three Sons ; insomuch that the Roman Empire came to be coop'd up at last within the German Pale : and since that time it stands upon Historical Records , how from the Raign of Rodolph the first , above 200 Princes , States , and Imperial Cities , have dismembred and emancipated themselfs from the Empire ; some by working upon the Emperours Necessities , and furnishing him with Tresure to support his Wars ; and for their Moneys they had Immunities granted them equivalent to a Releasement from Subjection . Moreover , as the Popes Temporal Dominions most of them were Plumes taken from the Roman Eagle , so the change of Religion by the Lutherans did much weaken him , for many since revolted quite from him without paying any thing . the last were the Lituanians , the Swisses , and Geneva ; the first fell from Charles the Fifth , who summoning them to their Obedience , and threatning else to reduce them by Arms , they returned this jeering Answer , That they believed his Horse wold tire before he could reach the Skirts of Lituania . And the Swisse falling from their Spiritual Obedience to the Pope , fell also from their Temporal Allegiance to the Emperour , and to have any thing to do with the Chamber of Spire . Thus we see in part the Degrees and Causes of the Declination ●…f the Roman Monarchy at first , and of the German Empire afterwards , which may be said to have shrunk from a great Lyon into a Cat-skin . But to know the principal cause , we must cast our eyes upward , and attribut all to the Will and high Plesure of the All-disposing Emperour of the Universe , who as he puts bounds to the raging Billows of the great Ocean , so he sers Boundaries and Periods to all Earthly Grandeurs . Nevertheless , though in point of Power and Territories the Emperour be grown so weak and naked in comparison of what he was , yet in point of Precedence and Dignity he bears up still the same , being accounted the prime Potentat , and Prince paramount of Christendome . And well may all Christian Kings esteem him so , in regard that their Territories may be said to be but Branches of the great Roman Tree , which falling off , and taking new Roots , they began to taper up , and grow to be Regal Trees of themselfs . Great Britain , as she was the last that was reduced under the Roman Yoak , so she was the first who shook it off , and enfranchiz'd her self : which is no mean honour and advantage to her King in point of Precedence , as will appeer more at large in the ensuing Discourse . Nor is the Emperour and his Ministers thus esteem'd among Christian Kings onely , but also by the Turk , who stiles him still the Roman Emperour , and next himself the greatest Monarch ; reputing his Ambassadours accordingly , by allowing them to have Palaces in Constantinople the same side the Seraglio is on ; and they go always concomitant with the Ottoman Court wheresoever it removes . They have the Precedence given them of the Ambassadors both of the Persian and Tartar , notwithstanding that the first holds himself the greatest Potentat upon Earth , having a custome duely observed , that after Dinner an Officer winds a Trumpet at his Court-gate towards the four parts of the world , to give notice to all other Princes that he hath Dined already , and so they may go now all to Dinner . And concerning the Persian , the example of the Lo. David Ungnadius shall serve , who being Ambassador in the Turks Court for the Emperour , and coming for Audience to the Duana , the Persian Ambassador had come before , and got the Chair ; but Ungnadius offering to go away , the Gran Visier caus'd an upper Chair to be put for him . Another time at Mahomet the thirds Circumcision , which lasted 40 days , there being then in Constantinople the Ambassadors of the greatest Monarchs upon Earth , yet the Ambassador of Rodulphus the Emperour had the Precedence of them all . All this is but Collateral to the main Designe of the intended Discourse , which aims chiefly at Kings , whereunto we now hasten ; but we will first give a few Hints or Prolegomenas of the Original of Kingly Government . Of Royalty , or Kingly Government . THere is a Saying in France , Pape par voix , Empereur par Force , Roy par Nature : Pope by Choice , Emperour by Might , King by Nature , viz. Successive , and Hereditary Kings who ought to have the Precedence of Elective . Whence may be inferred , That Kingly Government is most agreeable to Nature . Now 't is a tru and elegant Principle , That Naturam sequi est Deo obsequi ; To follow Nature is to obey God. Concerning the Character or Title of King , it is of a more ancient date then that of Emperour . For they who grope at Government before the Floud , speak of Kings in Chaldee and Egypt . Rome began with Kings , and it may be said , that it was more the Peeples Wantonness then Tarquin's which put them down . Afterwards the Name of Emperour was given to that person who was Commander in chief of the Army or Praetorian Bands , and Legionary Soldiers : it was not a Title of that Sublimity and Transcendence as it proved afterward . Among the Greek Authors the Names of Monarchs , Kings and Emperours are taken promiscuously : But all Writers that pretend to Policy , acknowledge that Kingly Government of all other as it is the most ancient , ( and may be said to begin with Adam ) so it hath most conformity with that of Heaven , whence the best patterns for all Humane Actions are to be fetch'd , and 't is no presumption to do it . Moreover , of all kinde of Ruling Powers , Royalty is the prime ; for in it , as the Civilians say , there is formalis , & completa gubernandi ratio , the most formal , and compleat Essence of Government . Royalty also hath the easiest , the fewest , and certainst Principles , ( if any certain can be found ) for there is no Knowledge so subject to confusion and incertitudes , as the Art for Man to govern Men ; It could never yet be brought to a Science , which consists of general and tru Apodictical Demonstrations . The Reason may be , the various Inclinations , Caprichio's , and Humours of Peeple , proceeding from the diversity of Climes , and Coelestial Influences ; as also , from that World of Contingencies which attend Human Negotiations ; likewise from the diffring Positions of Earth , for those Laws and kinds of Government which may be proper for the Continent , will not fit an Insulary Peeple ; nor those Laws of a Maritime Country can sute with meer Inland , or Mediterranean Territories : Therefore , that Gran Senior of all Knowledge , the Stagirite , whereas he useth to be constant to himself while he gives Maximes for other Sciences , when in his Politiques he comes to Human Government , and beats his Brain how to prescribe certain Rules conducing thereunto , He is not found onely at a loss , and wavering to himself , but he wraps his Scholars here and there in Clouds of Ambiguities . Nor can we blame him and others to rove up and down in that manner upon this subject , it being beyond the compass of Human Brain to enact such Laws may fit all times , prevent all accidents , and quadrat with the Genius of all Nations . Some Peeple are so fiery-mouth'd that they must be rid with a Bit , Curb , and Martingale ; but a snaf●…le and gentle hand will serve to manage others : Now 't is observ'd , that they who inhabit hard and barren Countries , are more easily govern'd then those who live in fat and luxurious Soyls , where being pamper'd with Plenty and Wealth , they are apt to grow wanton , and kick at , or overthrow their Riders . Yet it may be said , that there is one certain and Universal Rule for Government , and to keep a Peeple in a constant and exact Obedience ; and that Rule is , For the Soveraign Prince to have always a standing and visible actual Power in motion , as well to conserve as to curb a Peeple in case of any Commotion ; And 't is consentaneous to good Reason , that the Subject shold contribut for this general Protection , according to the saying , Defend me , and spend me ; that so evry one may rest under his own Roofs , and sit at his own Fires in quietness and safety . In sum , All Statists concur in this , That there is an Awe due to a King , as well as Affection ; He must be a Dread Soverain , as well as a Gracious ; and that Goverment●…s best temper'd where a few Drams of Fear are blended with the Peeples Love. But now to our main Work. Touching The Precedence of Kings , And particularly of the great TRIUMVIRS , OR The Three most Potent KINGS in Europe . IN discussing this high Point , we will first look Westward : For there is a Story tells us , That once when there were divers who stood in competition for the Kingdome of Persia , it was agreed between them , that the next morning they shold all meet in a great Plain , and he who did first see the Sun rising , and that his Horse did neigh , shold be the King. Being met on Horse-back at break of day , as the rest stood gazing towards the East , Darius one of the Competitors , look'd always towards the West ; and at last finding a glance of the Solar Beams , his Horse neighed ; whereat he suddenly turned back , and so claim'd the Kingdome : So , to finde the truth of what is here sought after , we will first look Westward towards Great Britain , whose King may compare with any other whatsoever for these Reasons . First , for Antiquity of Predecessors , and particularly of Christian Kings . Secondly , for an Independent , absolute and unhomageable Possession and Authority , both Spiritual and Temporal . Thirdly , for Eminence of Royal Dignity , State and Titles . Fourthly , for Martial Exploits and Atchievments abroad . Fifthly , for a stout and strong sturdy freeborn Peeple , with a plentiful Masculine Country , and generality of Wealth . Sixthly , for a Royal long-lind Extraction and Blood. Seventhly , for Hospitality , and a plentiful Kingly Court , with number of Officers , and stately Attendance . Eighthly , for diversity of Nations , and diffring Maternal Languages ; As also that no Kings Face shines upon his Coyn in purer Metal . Ninthly , for Prudential Laws and Constitutions . Tenthly , for Greatness of Power by Sea and Land Defensive and Offensive , With other Prerogatives : I say , that the King of Great Britain may hereby not onely claim an Equality with the other two , but stand fair for a Precedence . Now , for proof of all the fore-pointed Particulars , we will put evry one by it self , and treat thereof in several Paragraphs ; and first , Of the Antiquity of the King , and particularly of the Christian Kings in Great Britain , whereby we take A Jove Principium . — IT is observed by most Annalists who write of Countries and Nations , that the Britains who were the Aborigenes , the Primitive Inhabitants , and may be said to be Connatural with this Iland it self , were by a special instinct much devoted to the contemplation of heavenly things : For the ancient Druydes that were the first Divines or Professors of Religion , ( who in lieu of Monasteries or Colleges , were used to retire themselfs to Woods and solitary places to speculat the Works of God and Nature ) were renowned far and near beyond the Seas ; and the Emperour Iulius Caesar writes , that the Gaules ( now French ) were wont to come over to be instructed by the British Druydes , who , as he saith elsewhere , and is seconded by Cornelius Tacitus , ( which spent part of his life here ) had more pregnant capacities then the Gaules . Now , in those times ther were divers Martial Kings here , whereas they scarce make mention of any in Gallia . To avoid prolixity , we will instance onely in Boadicia that admired Virago , and Cataractus , who having maintain'd for many years this Kingdom from the Romanes more by the Bodies of Men , and pure Natural Valour , then by Arms , was at last carried Prisoner to Rome , where being not a whit daunted , he reproach'd the Romanes , ( yet with a kind of complement ) That he wondred how they having such stately Palaces at Rome , wold take such long hazardous Journeys to dwell in homely Houses of Clay , as those of Britain were in those days . Before the Romans raigned here , there had been very many Kings of this Iland , for Cassibelan whom Caesar speaks of , was the sixty third British King thereof ; when it pleased the Father of Light to display the early Beams of Christianity in this Iland , which was very betimes : for , as Gregory the 15th says in his Letter to his late Majesty at that time in Spain , ( which he was to receive in common civility as the Pope is also a Temporal Prince ) No sooner did the Roman Eagle fly over hither , but the Standard of the Cross was inarborated and set up : I say , that then , which may be said to be in the nonage of the Church , Lucius Surius , call'd in British , Llei vab Coel Lucius , the Son of Coel , ( who was King before him ) sent to Eleutherius for his Laws to govern the Church by , who returned him this answer : Vicarius Dei estis in Regno vestro , Gentes vestri Regni pulli vestri sunt , &c. Habetis penes vos legem , & Fidem Christi ; Habetis utramque paginam , &c. You are Gods Vicar in your Kingdome , your Peeple are your Chickins ; you have the Law , and Faith of Christ ; you have both the Testaments , &c. This King Lucius afterwards having frequent symptomes and fits of extraordinary Devotion , forsook all earthly Pomp and Plesure , and went on Pilgrimage to Rome , where he employed the remnant of his life in the Theory of holy things , and to study the Art of Mortification , as Venerable Bede and Baronius , with all Authors both Old and New , do affirm . Now , this was a long tract of time before ther was any Christian King in France or Spain , or indeed any where else . 'T is true , that St. Iames the Apostle was in Spain , but as the Story says , there were but nine persons that were converted ; but in Great Britain it may be said , that as the Sun when he begins to appear and culminat in the East , doth as it were in a moment enlighten the whole Hemisphere ; so the Rays of the Son of Righteousnes did with marvellous celerity and success ( leaping over as it were many other Countries ) illuminat this Western Iland first , insomuch that when Austin ( whom many call The Apostle of the Saxons or English ) arrived here some Ages after , ther were then in Bangor and elsewhere above 2000 Monks . He found the Pentateuch of Moses & the New Testament translated into British , as also a Form of Divine Service , which stand yet upon record . The huge Continent of Germany , with Norway and Denmark , with divers other Countries , acknowledg to have receiv'd the first light of Learning and of the Gospel from hence by Winfrid and Willebrod , as an ingenious German-Poet confesseth in these Numbers : Haec tamen Arctois laus est aeterna Britannis , Quòd post Pannonicis vastatum incursibus Orbem Illa bonas Artes , & Graiae munera Linguae , Stellarumque vias , & magni sydera Coeli Observans , iterum turbatis intulit oris , Quin se Religio multùm debere Britannis Servata , & latè circum dispersa fatetur ; Quis nomen Winfride tuum , quis munera nescit ! Te Duce Germanis pietas se vera , Fidesque Insinuans coepit ritus abolere prophanos ; Quid non Alcuino facunda Lutetia debet ? &c. And as it is the consentient Opinion of all Antiquaries , That the first Christian King who ever raign'd in Europe was of this I le , so the first Christian Emperour ( Constantin the Great ) came from her Bowels , being Son to Helena that renowned British Lady , who bears one of the first places in the Catalogue of Saints , and is called Elen luyddiog ( the Warlike Helen ) in Welc●… to this day . These Premises being well weigh'd , this Conclusion may be deduc'd , That the King of Great Britain may well claim de Iure the title of The first Son of the Church . Therefore , under favor , it may be justly question'd why the next King Eastward shold assume it ; for Clouis the first Christian King in France was neer upon 400 years after King Lucius , as all Historians do assert . Moreover , t is well known that besides the title of Defendor of the Faith , ( whereof we will speak hereafter ) the title of Christianissimus was sent to Hen. 8. with much solemnity by Pope Iulius the second , accompanied with a Cap of Maintenance , and a Sword ; which title was confirmed by Authority of the Lateran Council : which great transaction was solemnly publish'd in the Cathedral Church of St. Paul , and seconded with Justs and Tournements ; yet this was but the renewing of an old Title , for among the Saxon Kings some were call'd so , and ther are Records yet extant that King Oswald and Edward the third were stil'd so . We will conclude this Paragraph with this Observation , That Great Britain was the first Country in Europe who shook off the Roman Yoak , and rais'd some of the former old British Blood to be Kings again for many Descents , insomuch that the Romans here made but an Interregnum : And this was before any absolut King was elsewhere in Europe upon the declinings of the Empire , specially in France and Spain , who continued but Roman Provinces many years after . We will now to the second Paragraph . Of the Independent , Absolut and Unhomageable Possessions and Authority , both Ecclesiastical and Temporal , of the King of Great Britain . FRom the precedent Paragraph it appears , That Albion or Great Britain was a Royal I le from the beginning , since there was any coalition or aggregations of mankind within her to govern . For in the body of the British Laws made by Mulmutius Dunwallo , which are yet to be read in fair British-Manuscripts , ther are these words , Un Goron arbennig y sydd y ynis Bridian ; One Monarchical Crown is held in the I le of Britain : Just according to the ancient Greek Poet : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good , let there be but One. Now from that time to this , the King of Britain had and hath as Souveraign and incontroulable a sway as any . 'T is true that he admits others sometimes to share with him in Counsel , but not in Power : by a kind of Influence he gives Light and Command to others , but he himself receives none from any . In the Neighbouring Monarchies it cannot be said so , and particularly in France and Spain , where it may be said ther is Regnum in regno , ther is another Power à Legatus de latere , that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple . Touching the latter , the King of Spain is Feodary either to the Pope , the Emperour , or to France , for all the Countries he hath : The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second : Aragon to Innocent the third , as also Sardinia in formula fiduciae . Sicilia is relevant from the Church , as also both the Indies and the Canary Ilands . For the Kingdome of Naples and Calabria he sends a Mule , with a Purse-full of Gold , as a Heriot to Rome evry year , ( for fear of an Excommunication the next day ) at the receit whereof the Pope says , Sufficiat pro hac vice . He holds the Dukedome of Milan from the Empire , and most of the Provinces in the Netherlands from France , whereof he is a double Peer , as he is Duke of Burgundy and Earl of Flanders . Now 't is questionable among the Civilians , whether a Feodary or Homager may be call'd an Absolut Prince , specially when Appeals may be made from him to another Court , as the Spanish Clergy may from the King to Rome in divers cases . The Kings of ENGLAND are free from Subordinations of that kind , as the Fundamental Laws of the Land , and all the ancient Learned Judges do evidence . 'T is a Principle in the English Laws , ( which is confirm'd by Baldus , and other great Forren Jurists ) That Rex neminem habet in Dominiis suis nec Superiorem nec Parem : The King in his own Dominions hath neither Superior nor Equal , ( He may be said to be both Caesar and Pompey . ) There is another , Omnes sub Illo , Ille sub nullo ; All under Him , He under none . Another yet , Satis habet Rex ad poenam quod Deum expectet Ultorem : 'T is enough for the King that God is to be his Judge ; which is expressed in this Distic : Subditus in Regem peccat , Legemque Fidemque At Rex in Solum , Rex quia , nempe Deum . Ther are divers others that are conducing hereunto ; As , The King must not be put to do any thing per aspertè , but of his free plesure : The King never dies , but the Heir apparent is King Inchoative as soon as the former dies ; and the Coronation is but a meer Ceremony not Essential : for divers Kings , as Hen. 5. and others , had Alleageance sworn unto them before they were Crowned . There are more Maximes yet , That the King can do no wrong , but his Ministers may , through whose mouths he pronounceth sentence . Moreover , Nullum tempus occurrit Regi , Ther 's no Immemorial or Prescription against the King. It is High Treson not only to contrive , but to imagine ill against the King. By the Kings Prerogative Life it self may be leased , &c. But that Traverse twixt King Iohn and the Legat Pandolpho , when they say he transferred the Crown to the Pope , is much insisted upon : wherunto t is thus answered : That ther are four great things whereof the Records cannot be found : The first is that wherin the Emperour Constantine gave Rome to the Pope ; The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph ; The third is the Salique Law ; The fourth is that Instrument wherby King Iohn pass'd over his Crown , and made the Pope Lord Paramount of England . Sir Thomas More , who was so far devoted to Rome that he is canoniz'd for one of her Martyrs , denieth absolutly that King Iohn either did or could make England Feudetary to the Pope , because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid ; and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act , was but a meer Alms which was given by King Ina 500 years before . Moreover , put case ther had been such an Act , yet it stands upon good record that Innocentius the third did give a Release in these words ; Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò . The Rome-scot also was but Regis larga benignitas , the Kings bountiful kindness . Adde hereunto , that when the Pontificial Power was here at the highest pitch , no Legat de latere was allowed , but the Archbishop of Canterbury ( his Subject ) who by his Dignity is perpetual Legat de latere , He is Legatus natus ( as he of Toledo is in Spain , and the Primat of Armagh in Ireland ) and in point of Precedence , at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot ; Pope Urban at that time declaring in these terms , Includamus hun●… in Orbe nostro tanquam alterius Orbis Pontificem Maximum , Let us include him in our world as Pope of another world . 'T is true , ther have been other Legats de latere upon extraordinary occasions admitted , but it was with the Kings leave , and with this Proviso , That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof , or derogatory to the King. Thus it appears that no Extern power hath any thing to do in Great Britain ; and as the Pope , so the Peeple neither , whether consider'd Diffusively , Collectively , Representatively , or Vertually , partake any thing of the Souverain Power ; ther is no power either Co-ordinat , Co-equal , Corrival , or Collateral with it . The Kings of England have had always by the known Laws of the Land a pure underived Power , not depending upon Pope or Peeple , or any other Prince whatsoever : They are Kings by the Grace of God , which implies no earthly Dependency . It stands upon good record , how King Ina in the Preamble to his Laws ( for he was a great Legislator ) begins , I Ina , by the Grace of God King , &c. and this was above a thousand years ago , about two hundred years before Charlemain , in whose time that stile of Dei Gratia came first in use in the Empire . And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power , so by Sea he hath the like ; which is such , that ( without disparagement , much less any injustice to any ) I may avouch no other Prince hath the like . The greatest claim of Sea-Dominion that France makes , is to the Coasts of Armorica , or little Britany , and a few Leagues in the Mediterranean . The Spanish Laws are for the community , and free use of the Sea , challenging no Dominion at all . Ther are divers States in Italy that claim a particular command and propriety in some Seas ; as the Duke of Tuscany challengeth a Dominion of the Tyrrhene Sea ; the State of Genoa of the Ligustique ; Venice claims a right to the Adriatic as ( symbolically ) to a Husband , for she marries him upon Ascention-day evry yeer , the Duke going in procession with great solemnity in the Buantoro to that purpose , and throwing a Ring into the water ; and She hath power to do in that part of the Sea which she calls her Gulph , as much as she can do in Venice it self in point of laying Impositions and Gabels , and to cause what Mercantile ships she please to unlade their Cargazons at the City of Venice it self . God and Nature hath much favoured the King of Denmark with the command of a Neck of Sea , I mean the Sound , for it is the strongest Sinew of his Crown by the Tolls he receaves of those who pass and repass into the Baltik . He commands also at large the Norwegian or Hyperborean Sea. But among all , if we observe his Title , the King of Portugal hath a greater Maritime command then all these , which Title runs thus : Dom Manuel por Graca de Deos Rey , &c. Senhor de Guinee , & da Conquista , Navigacaon , & Comercio d' Etiopia , Arabia , Persia , & da India à Todos , &c. Don Emanuel by the Grace of God King , &c. Lord of Guiney , and of the Conquest , Navigation , and Commerce of Ethiopia , Arabia , Persia , &c. These are the Princes who have most command of Sea , but they command only the Strands and Ports , or Maritime Tract . They cannot be said to command the Sea it self , as the King of Great Britain doth , for he commands no less then four Seas , which are circumfluent about his Territories ; and the Law says , The Sea is of the Ligeance of the King as any other thing : He is Protector as well as Lord of them : He takes both the Dominion and Defence of them ; also he scowres and secures them from Pyrats and Praedatory Rovers : He makes all ships , whether Merchants or Men of War , Forreners or Subjects , to dash their Colours , and strike their Topsayls not onely to his Castles , but to any of his ships Royal as they pass and repass . Which mark of Dominion the Republic of Venice hath not , though she also hath her Gallies always in cours to scowre and secure the Gulph from Cursaries and Robbers , which is one of the chief Regalia's St. Mark hath , though the Sea she thus commands be scarce 30 Leagues in extent , for it is but fourscore Italian Miles . Nor doth the King of Great Britains Dominion terminat in his own Seas , but as most Civilians hold , it extends as far as the shoares of his Transmarin Neighbours , and as far North as the Artic Circle : which Grotius did once acknowledg , and publish to the world ( though another Caprichio came into his head afterwards ) in the Panegyrike he sent King Iames at his Inauguration , when he says , — — Rerum Natura Creatrix Divisit populos , & metas ipsa notavit ; Sic juga Pyrenae , sic olim Rhenus , & Aspes Imperii mensura fuit . Te flumine nullo Detinuit , nulla nimbosi verticis arce , Sedtotum complexa Parens hic terminus ipsa Substitit , atque uno voluit sub limite claudi ; Te sibi seposuit supremo in gurgite Nereus ; Finis hic est qui fine caret , Quae meta Britannis Littora sunt aliis , Regnique accessio tanti est Quod ventis , velisque patet — We will put a period to this Paragraph with a Request to the Reader , That having well weighed the Power of the King of Great Britain , and joyn'd that of the Sea with the Land , as also the Reasons of the preceding Paragraph with this , to judge whether it be fit that He shold go or come in the Arriere to any King whatsoever . We will now to the third Paragraph . Touching the Eminence and Royal Dignity , the State , Grandeur and Titles of the King of Great Britain . Corsetus , a known and well-accounted Author , divides Kings into Illustres , and Super-Illustres ; He gives the King of England the second place among the Super-Illustres ; and one of the Reasons are , that he is an Anointed King , whereas the King of Spain and others are not , unless the King of Spain may claim it as he entitles himself King of Ierusalem and Sicily ; for besides the Kings of England and France , they two are onely capable of being Anointed . The King of England hath a Gift also to cure the Strumatical Disease , call'd therefore in England The Kings Evil , ab effectu sanationis , whereas in French 't is call'd Les Ecrouelles , and Los Lamperones in Spanish , &c. Some have written that the King of England hath a Vertu to cure this Disease as he is King of France ; but that 's a vulgar Error : for King Edward the Confessor was us'd to heal that way , which was 300 years before . Platina makes the King of England Filium Adoptivum Ecclesiae , the Emperour Filium Primogenitum , and the French King Filium natu minorem ; One the Adopted Son , the other the First-born , the third the Cadet or younger Son. Volaterranus is related by Philippus Honorius in a well-known Work of his call'd Praxis Politicae prudentiae , anno 1610. that Iulius 2. gave the Precedence to the English Ambassador before him of Spain . Hen. 2. was King of Ierusalem , and Edward 3. was made Perpetuus Vicarius Imper●…i , which is no mean Title . The Spanish Ambassador never questioned the Precedence of the English Ambassador till in the Council of Basile ; and touching the Contest twixt them in the Council of Constance , ther was at Lovain Anno 1517. a Book entituled , Nobilissima disputatio super dignitate & magnitudine Regnorum Britannici & Gallici habita ab utriusque Oratoribus in Concilio Constantiensi ; where you see he puts Britains King before the French in the very Frontispice ; and the chiefest Reasons asserted therein are found in this Discours . Hen. 6. employed Thomas Polden Bishop of Chichester , with others , in quality of Ambassadors to the Council held at Siena , to claim his session , otherwise he would protest , and poursue the Protestation . In the Raign of Hen. 6. ther was a Public Instrument put forth by Ericus King of Sweden and Denmark , wherein he puts England before France ; which Instrument ●…uns thus : Caveant omninò Mercatores & alii quicunque homines & subditi Reg. Angliae & Franciae ne de caetero sub poena amissionis vitae & Bonorum , visitare praesumant Terras Islandiae , Finmarchiae , Halghalandiae , seu alias quascunque Terras prohibitas , aut Portus illegales in Regnis Daniae , Sueciae & Norwegiae . An authentic Copy of this Instrument was brought by the Danish Ambassador to Breme 1562. and shew'd to the English Delegates there at that time from Queen Elizabeth about the great business of the Hans Towns. In the Capitulations of Peace twixt Hen. 7. of England , and Iohn 2. of Denmark and Norway 1490. England is put before France : as for example : Sancitum est quod Mercatores , & Homines Ligii , Piscatores & quicunque alii Reg. Angliae & Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam , &c. Augustus de Cavallis , who is no obscure Author , infers the Queen of England from her Ancestors , both in respect of Inheritance , Conquest and Gift , to be Queen of France de Iure . In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first . As also in the Treaty of Marriage with Queen Mary , Anno 1533. the first Signature is given to the English Ambassadors . When Queen Elizabeth employed the Earl of Derby , the Lord Cobham , Sir Iames Crofts , Doctor Dale , and Doctor Rogers in quality of Ambassadors , with their Assistants to Ostend , anno 1588. Dignitatis Praerogativa & incedendo & sedendo , The Prerogative of going and sitting was given her Ambassadors . In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League , Queen Elizabeth sent Sir Hen. Nevil , Sir Iohn Herbert , Robert Beale and Tho. Edmunds , who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors ; but being met , ther was a Contest happend : The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there , which according to the Canon giveth the Rule in such cases , That the King of England is to have place before the King of Castile ; That the English quietly held this Right in the Councils of Basil , Constance , and others : They alledg'd also that the Kingdom of Castile ( which is the Spaniards first Title ) is but an upstart-in regard of England ; for it had no Kings but Earls till the year 1017. Moreover , Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular , &c. Furthermore , for Eminency of Title , Great Britain is oftentimes calld an Empire by Forren Authors ; nay , Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since , wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa , The Pope of another World : What wold he say now that Ireland and Scotland are added ! Some of the Saxon Kings stil'd themselfs Emperours , as Ego Ethelredus , Ego Edgarus Anglorum Induperator , &c. William the Conqueror writ , Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii . This is found upon record in his Charter to the Monastery of Shaftsbury . In Hen. 8. Raign , the eighth year thereof , England was declar'd an Empire in Parlement , where he had also these Epithets , Metuendissimus , Praepotentissimus ; and London was call'd the Imperial Chamber . But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester ; Which Charter is yet extant , and runs thus : Altitonantis Dei largifluâ clementiâ , qui est Rex Regum , Ego Edgarus Anglorum Basileus , omniumque Regum , Insularum , Oceanique Britanniam circumjacentis , cunctarúmque Nationum quae infra Eam includuntur Imperator , & Dominus ; Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit , & exaltavit super Regnum Patrum meorum ; Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani , qui primus Regnum Anglorum & omnes Nationes quae Britanniam incolunt , sibi Armis subegit , nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est . Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam , Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare . Quos etiam omnes meis Imperiis colla subdere , Dei favente gratia , Coegi . Quapropter ut Ego Christi Gloriam & laudem in Regno meo exaltare & ejus servitutem amplificare devotus disposui , & per meos Fideles Fautores Dunstanum Archiepiscopum , Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales , & Consiliarios elegi magna ex parte disposui , &c. Facta haec sunt anno Dom. 964. Indictione 8 Regni . Ego Alfrye Regina consensi , & signo Crucis confirmavi ✚ . This being so ancient a Record , and of so high a Tenure , I thought good to render it into English for the satisfaction of the Common Reader . By the clemency of the high-thundring God , who is King of Kings , I Edgar King of the English , and of all Kings , of Ilands , and of the Ocean circumjacent to Britain , and of all Nations which are included within her , Emperour and Lord ; I give thanks only to Almighty God my King , that he hath amplified and exalted my Empire above the Kingdome of my Fathers , who although they had obtain'd the Monarchy of all England from the time of Athelstan , who was the first that subdued the Kingdom of the English , and all Nations who inhabit Britain , yet none of them attempted to dilate his Empire beyond its bounds . But propitious Divinity hath granted unto me to subjugat , together with the Empire of the English , all the Kingdomes in the Iles of the Ocean , with their most ferocious Kings as far as Norway , and most part of Ireland , with her most Noble City of Dublin . All whom I compell'd to bow their Necks to my Commands , the Grace of God so favouring me , &c. This King Edgar , though very little of stature , was so magnanimous and successful , that he was Row'd upon the River of Dee by four subjugated Kings , whereof Kennad King of Scots was one . Ther is also a very remarkable and authentic story of King Canutus afterwards , who being upon Southampton-Strand at the flowing of the Sea , he sate in a Chair of State which was brought him upon the sands ; and the Billows tossing and tumbling towards him , he gave the Sea this command : Thou art my Subject , and the Earth wheron I sit is mine , and ther was none yet that ever resisted my Command who went unpunish'd : Therefore I command Thee that Thou come not up upon my Earth , nor presume to wet the Garment , or the Body of thy Lord. But the Sea continuing his cours , dash'd and wetted his feet and thighs illfavouredly , without any reverence or fear : whereupon the King stepping back , declar'd , That none is worthy of the Name of a King , but only He whose Nod both Sea and Earth observd . And , as the story hath it , he never wore the Crown of Gold again , but being fix'd to a Cross , did consecrat it to the Image of our Saviour . Ther have been also Titles of Dignity given to our Kings in the Abstract , ( which hath more of State and Substance in it then the Concret ) as Celsitudo Tua , Magnitudo Tua , given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write , Nostra Regia Majestas ; though indeed that word Majestas began first in France , but in Hen. 2. Raign , ( and sacra Majestas since . ) Therefore Pope Leo gave it betimes to Hen. 8. in that famous Charter he sent him , when he commanded all Christians , that in their Directions to him for the future , after the word King , they shold stile him Defender of the Faith. Which great Charter sign'd by the Pope and 27 Cardinals , 1521. I thought proper and worthy to insert here , having procur'd a faithful Copy from the very Original . Leo Episcopus servus servorum Dei , Charissimo in Christo Filio Henrico Angliae Regi , Fidei Defensori , Salutem , & Apostolicam benedictionem . Cum supernae dispositionis arbitrio , licet imparibus meritis , Universalis Ecclesiae regimini praesidentes ad hoc cordis nostri longè lateque diffundimus cogitatus ut Fides Catholica sine qua nemo proficit ad salutem continuum suscipiat incrementum . Et ut ea quae pro cohibendis conatibus illam deprimere , aut pravis , mendacibusque commentis pervertere , & denigrare molientium sana Christi Fidelium praesertim Dignitate Regali fulgentium Doctrina sunt disposita continuis proficiant incrementis partes nostri Ministerii , & operam impendimus efficaces . Et sicut alii Romani Pontifices Praedecessores nostri Catholicos Principes , prout Rerum & temporum qualitas exigebat , specialibus favoribus prosequi consueverunt , Illos praesertim qui procellosis temporibus , & rabida Scismaticorum & Haereticorum fervente perfidia , solùm in Fidei serenitate , & devotione illibata sacrosanctae Romanae Ecclesiae immobiles perstiterunt ; Verum etiam tanquam ipsius Ecclesiae legitimi Filii ac fortissimi Athletae Scismaticorum & Hereticorum insanis furoribus spiritaliter & temporaliter se opposuerunt . Ita etiam nos Majestatem Tuam propter Excelsa & immortalia erga nos , & hanc sanctam sedem in qua Divina permissione sedemus , opera & gesta condignis & immortalibus praeconiis ac laudibus efferre desideramus , ac Ea sibi concedere propter quae invigilare debeat à grege Dominico lupos arcere , & putrida membra quae mysticum Christi Corpus inficiunt , ferro & materiali gladio abscindere , & nutantium corda fidelium in Fidei soliditate confirmare . Sanè cum nuper dilectus Filius Iohannes Clerk Majestatis Tuae apud nos Orator in Consistorio nostro coram venerabilibus fratribus nostris sanctae Romanae Ecclesiae Cardinalibus , & compluribus aliis Romanae Curiae Praelatis Librum quem Majestas Tua Charitate quae omnia sedulò , & nihil perperam agit , Fideique Catholicae zelo accensa , ac devotionus Erga nos & Hanc sanctam sedem fervore inflammata contra Errores diversorum Haereticorum saepiùs ab hac sancta sede damnatos , nuperque per Martinum Lutherum suscitatos , & innovatos , tanquam nobile & salutare quoddam Antidotum composuit , nobis examinandum , ac deinde Authoritate nostra approbandum obtulisset , ac luculenta oratione sua exposuisset , Majestatem tuam paratam ac dispositam esse , ut quemadmodum ver is rationibus , ac irrefragabilibus sacrae Scriturae ac Sanctorum Patrum authoritatibus , notorios Errores ejusdem Martini confutaverat : ita etiam omnes eos sequi , & defensare praesumentes totius Regni sui viribus , & Armis persequatur , nosque ejus Libri admirabilem quandam , & Coelestis gratiae rore conspersam Doctrinam diligenter , accurateque introspeximus , Omnipotenti Deo à quo omne Datum optimum , & omne Donum perfectum est , immensas gratias Egimus qui optimam , & ad omne bonum inclinatam mentem tuam inspirare , eique tantam gratiam supernè infundere dignatus fuerit ut ea scriberes quibus sanctam ejus Fidem contra novum errorum damnatorum hujusmodi suscitatorem defenderes , & reliquos Reges & Principes Christianos Tuo exemplo invitares , ut & ipsi etiam Orthodoxae Fidei & veritatis Evangelicae veritati in periculum & discrimen adductae omni ope sua adesse , orportunéque favere vellet . Aequum autem esse consentes Eos qui pro Fidei Christi hujusmodi defensione pios labores susceperunt omni laude , & honore afficere , volentesque non solùm ea quae Majestas Tua contra ●…undem Martinum Lutherum absolutissmâ Doctrinâ , nec minori Eloquentiā scripsit condignis laudibus Extollere , ac Magnificare , Autoritateque nostra approbare & confirmare , sedetiam Majestatem ipsam Tuam tali honore ac titulo decorare , ut nostris ac perpetuis futuris temporibus Christi Fideles omnes intelligant quam gratum acceptumque nobis fuerit Majestatis Tuae Munus , hoc praesertim tempore nobis oblatum . Nos qui Petri quem Christus in Coelum ascensurus Vicarium suum in Terris reliquit , & cui curam sui Gregis reliquit , veri successores sumus , & in Hac sancta sede à qua omnes Dignitates ac Tituli emanant , sedemus , habita super hiis cum iisdem Fratribus nostris matura deliberatione de ●…orum unanimi consilio & assensu Majestati Tuae Titulum Hunc , viz. Fidei Defensorem , &c. Et profectò Hujus Tituli excellentia , & dignitate ac singularibus meritis Tuis diligenter perpensis & consideratis , Nullum neque dignius , neque Majestati Tuae convenientius nomen excogitare potuissemus , quod quoties audies ac leges , toties propriae virtutis optimique meriti Tui recordaberis . Nec hujusmodi Titulo intumesces , velin superbiam elevaberis , sed folita Tua prudentia humilior , & in Fide Christi ac devotione hujus sanctae sedis à qua exaltatus fueris , fortior , & constantior evades , ac in Domino bonorum omnium Largitore laetaberis perpetuum hoc ac immortale Gloriae Tuae Monumentum Posteris Tuis relinquere , Illisque viam ostendere , ut si Tali titulo ipsi quoque insigniri optabunt Talia etiam opera efficere praeclaraque Majestatis Tuae vestigia sequi studeant , quam prout de nobis & dictâ sede optimè merita unà cum Uxore & Filiis , ac omnibus qui à Te , & ab illis nascentur nostra Benedictione in nomine Illius à quo illam concedendi potestas data est , larga & liberali manu benedicentes Altissimum Illum qui dixit Per me Reges regnant & Principes imperant , & in cujus manu corda sunt Regum , Rogamus , ac obsecramus ut eam in suo sancto proposito confirmet , ejusque devotionem multiplicet , & praeclaris pro sancta Fide gestis ita illustret , ac toti Orbi Terrarum conspicuam reddat , ut Iudicium quod de Ipsa fecimus , eam tam insigni Tit●…lo decorantes , à nemine falsum aut vanum judicari possit . Demùm mortalis hujus vitae finito curriculo sempiternae illius Gloriae consortem atque participem reddat . Dat. Romae apud sanctum Petrum , Anno Incarnationis Dominicae millesimo , quingentesimo vicesimo primo , 5 Idus Octobris , Pontificatus nostri anno nono . Ego Leo Christ. Catholicae Ecclesiae Episcopus ss . Then his Seal or Signet , engraven within , Sanctus Petrus , † Sanctus Paulus ; and this Motto about , Ad Dominum cùm tribularer clamavi , & Exaudivit Me. Then the subscription of 27 Cardinals on both sides of the Signet , the Cardinal - Bishops on the right-hand of the Signet , and close to it ; then on their right-hand the Priests-Cardinals ; and on the left side of the Signet ( as it is accustomed in all Bulls , and other Public Instruments ) the Deacon-Cardinals have their place , and precedence . King Henry's Book against Luther was presented to the Pope in full Consistory by Sir Iohn Clerk , ( then Ambassador at Rome for the King ) with a long solemn Oration : the Original of which Book is yet to be seen in the Vatican at Rome , with this Inscription written with King Henries own hand : Anglorum Rex Henricus Leoni X̄ . mittit Hoc Opus , & Fidei testem , & Amicitiae . Henry King of the English sends this Work to Leo the Tenth , as a Witness both of Faith and Friendship . And as the Kings of England themselfs have such super-eminent Titles , so their First-born Sons have a Title not inferior to any Royal Heir apparent in Christendome , which is Prince of Wales ; and this Title is many years more ancient then that of Dauphin in France . Moreover , whereas other Kings Sons come so naked to the world that they have not of their own wherewith to buy them Clouts , or pay their Nurses , but what they have from their Parents , The First-born of the King of England , ipsissimo instante , the very same instant that he is born , is Duke of Cornwal , and is presuppos'd by the Law to have Liv●…ry and Seisin then given him of the said Duchy , with all the Lands , Rents and Honors therunto annex'd . T is tru , that the conferring of the Title of Prince of Wales , depends meerly upon the Kings Plesure , which was done out of a Political consideration , to keep the Kings first Sons still in awe , and within the bounds of a greater Obedience . Nor is there any Queen also lives in a greater State and Dignity , or hath more Prerogatives and greater Joyntures then the Queen of England : For though Aliens at first , and still under Couvert Baron , yet they may pourchase Lands by Fee-simple , They may make Leases and Grants without the King ; They also must be petitiond unto first , before any can implead them in point of right . We will proceed now to the fourth Paragraph . Touching the Martial Exploits and Achievments which the Kings of Great Britain have performed from time to time , &c. TO proceed in this Paragraph , we must make Retrosvects a far off : we will begin with Brennus that bold Britain , who in the Government of Consuls took and sack'd Rome , ( 364 yeers before Christ ) and did notable feats afterwards in Greece and Asia : insomuch that the Welch in honour of that Heroe their Country-man , call a King from his Name Brenin to this day . Cataracus overthrew a mighty Army of the Romanes , and Boadicia slew 70 thousand of them in one Battel , as their own stories declare . King Arthur is rank'd among the Nine Worthies , for he discomfited the Saxons in twelve several Battails , and erected the first Order of Knighthood . There was one English King , and three Kings Sons went to the Wars of the Holy Land. What Exploits did Richard coeur de Lion perform there , so much to the envy of the King of France , who therfore returnd before him ! He conquerd the Iland of Cyprus , where Marrying Berengaria , he transferrd the Kingdome to Guy Lusignan , who had right to the Crown of Ierusalem , which in exchange he resignd to King Richard. But the French are they whom the English did so often rout , subdue and subjugat with the Grey-goose Wing , wherwith they did so often penetrat the very heart of France in so many glorious Victories that can be hardly paralleld , take all circumstances . We will instance in some of the most famous , and begin with that of Cressy the first great Battel . The Battail of Cr●…ssy in France . That Heroyk King Edward the third , having been provoked by divers Affronts that Philip of Valois the French King had offe●…'d him , goes over in person to France with an Army of 80000 men at Arms , and 10000 Archers , as Froissard hath it . He takes with him his Son the Prince of Wales and Duke of Guyenne , being but 15 years of Age , ( calld afterwards the Black Prince ) to train him up in feats of Arms. Landing in Normandy he carries all the Country before him as far as Poissy , within ten miles of Paris , and after divers Skirmiges a Battail was appointed . King Edward had incamp'd neer a Village calld Cressy , where he divided his Army to three Battalions ; the first was led by the Prince of Wales , the second by the Earls of Arundel and Northampton , in the third was the King himself . The Battail thus orderd , being mounted upon a White Hobby , he rides from Rank to Rank , encouraging evry man to the performance of his duty , and to have a regard to the Honor of his King and Country . The French Kings Army was at least twice the number , consisting of above 60000 Combatants , with all the flower of the French Chivalry , whereof the chief were the Duke of Alanson the Kings Brother , the King of Bohemia , the Duke of Lorrain , the Earl of Flanders and Savoy , with other great Princes . The Vangard was led by the Kings Brother , the Reer by the Earl of Savoy , the main Battail by the King himself . The French King was so fierce in assurance of Victory , that he wold scarce admit of any counsel . The old King of Boheme advis'd that the Army shold receive some refreshment before , and that the Infantry of Genowais , whereof ther were 15000 Crossbows , shold make the first Front , and the Cavalry to follow : which being agreed on , the Duke of Alanson did stomack that the Genowais shold have the honor of the first Rank ; so in a kind of fury he caus'd them to change place : which bred such a discontent , that they were more incensd against their Leader then against the Enemy ; but in the interim ther fell such a showre of Rain that wetted their Bowstrings , which they had not the wit to cover all the while , ( as the English did ) that for the limmerness therof when they came to action they grew useless . At the ceasing of the showre the Sun did shine full in the face of the French , therby dazzling their eyes , but on the back of the English. King Edward being got into a Windmil all the while , whence as from a Sentinel he might explore and behold the face of the Enemy , and discovering the disturbance that was made because the Genowais were put to change their place , instantly gave order to charge that part , which made the discontented Genoway to recoyl . Alenson perceiving this , rides on in a rage , crying out , Sa , sa ; on , on ; let 's make way ore the Bellies of these Genowais , for they do but hinder us . So riding through them , he came up to the English Battail , where the young Prince was . The fight grew hot , and doubtful , insomuch that the Commanders sent to the King to come up with more power : The King asking the Messengers , Whether his Son was hurt or slain , and being answerd No , he replies , Then tell them who sent you , that so long as my Son is alive they send no more to me , for my Will is that he have the honor of the day . So the Fight on both sides growing very furious , the French King having his Horse kill'd under him , withdrew ; which being known by the English , it added so to their courage that they soon after won the Field . This was the first considerable Battail the English had of the French , which was so sanguinary , that ther were none made Prisoners , but all put to the Sword , and the number of the slain French surmounted the whole Army of the English ; for the number of the slain were about 30000. the chief whereof was Alenson the Kings Brother , the Dukes of Bourbon and Lorain , the Earl of Flanders , the Dauphin de Viennois , Son to Imbert , who after gave Dauphine to the King of France , provided his First Son shold still be calld the Dauphin , which hath continued ever since . This signal Victory was seconded the same yeer , about six weeks after , with another the Queen of England got against the Scots , then confederat with the French , where David the Scots King was taken Prisoner : but this is reserv'd for another place , because for a more methodical order we will hasten to the second great Victory in France , the Battail of Poitiers . The Battail of Poitiers . The Black Prince being taperd up now to a good growth , was sent by advice of Parlement to Gascony ; whence the Truce being expird , he oreran and ravagd all the Country as far as Tourayne . Iohn the French King raiseth a potent Army , more numerous then that at Cressy ; and going to find out the Prince of Wales , found him about Poitiers , having not much above 10000 effect if men in his Army , wheras the French had six times as many : whereupon being advisd to make for Bourdeaux , he was prevented by the French Army on all sides ; so a Battail being intended , two Cardinals came from the Pope to mediat a Peace , but the French King wold hearken to none , unless that he wold as a Vanquish'd Man send him four Hostages , and give up himself and his Army to discretion . The Prince answerd , That he was willing to restore what places he had taken of His in good War , but without prejudice to his Honor , wherof he was accountable to the King his Father , &c. Iohn not hearkning to this , but being resolvd to fight , the Prince also resolvd to part with his Life upon as high a rate as he could being reducd to this streight , therfore he providently makes use of the Position of ground ; and finding that the main Army of the French consisted in Horse , he entrenchd among the Vineyards ; where when the French Cavalry entred , being wrapd and encomberd among the Vines , the English Archers did so ply and gall them , that , being therby disorderd and put to rout , the whole Army was soon totally defeated . But , it seems this Battail was not so fierce as that of Cressy , where no quarter was given : for in this , Prisoners were made , among whom was King Iohn himself , whom the Prince brought to England ; and , as the French Historians themselfs confess , he was so civil to him all the while , that he knew not whether he was a Free King or a Captif . Besides Lords , ther were slain 2000 of the French Nobless , as Froissard hath it , in this Battail ; and , as at Cressy , more French slain then the whole English Army was in number . We will now to Agencourt . Agencourt - Battail . Henry the Fifth , that Man of men and mirror of Princes , being come to the Crown , he did cast his Eyes presently towards France for claiming of his Title . In order wherunto , he alterd in his Arms the bearing of Semy de Luces , and quarters the three full Flower de Luces as the King of France himself did bear them . He sends the Duke of Exceter , with the Archbishop of Dublin , and sundry other Noblemen , in a magnificent Ambassy , attended by 500 Horse , to Paris , to demand the Crown : but receiving no satisfactory answer , but rather a kind of jeer , the Dauphin sending him a Sack full of Racket-court-Balls to pass away his time ; He replyed , That for evry one of those Balls , he had so many fiery Bullets to shoot at the proudest Turrets in France , as he shold shortly find . And he was as good as his word : for he presently got over , and encountring the French Army at Agencourt , he gave it an utter overthrow , and took more prisoners then his own Army had Soldiers ; which was upon a Sunday-morning about Ten of the Clock : whereof having sent notice to England before , and that extraordinary Masses shold be sung then in all Churches , he stood upon the defensive part till that hour ; but then making a Speech of encouragement to his Army , and among other strains , telling how all England was praying for them at that time , he carried away a compleat Victory ; he himself leading the main Battail with the Duke of Glocester his Brother , &c. But besides the foresaid Piety , ther was Policy also usd ; for the King , to prevent the fury of the French Cavalry , appointed divers Stakes studded with Iron at both ends of six foot long , to be pitch'd behind the Archers , and ordred that Pioners shold attend to remove them as they shold be directed : which invention conduc'd much to the success of the Action . The King himself charg'd the Duke of Alenson , and beat him off his Horse , who therupon was slain ; so ther was a compleat and glorious Victory obtain'd . We come now to the Battail of Spurs , so calld because the French-men trusted more to their Spurs in fleeing away , then to their Swords and Lances . It was before Terwin in Hen. 8. Raign , when Maximilian the Emperour servd under his Banner , and receavd pay . Ther came 8000 French Horse to relieve the place , and a hot Dispute happend ; but they were all routed , and put shamefully to flight , so the Town was taken by the English. Ther were a world of other Warlike Encounters and Skirmiges twixt the English and French , whereof the stories are full ; and t is observd , that the English at most were but half in number to the French in all Engagements ; insomuch that by pure prowess and point of the Sword they possessd two parts in three of that great Kingdome . We read that when the English were at the height of their power in France , the Pope came then to keep his Court at Avignon ; and ther was a common saying among the Peeple , which since is grown to be a kind of Proverb , Ores le Pape est devenu Francois , & Iesus Christ est devenu Anglois ; The Pope is turnd French-man , and Jesus Christ is become an English-man : which was spoken in regard we had such prodigious Successes . Before I part with France at present , t is very fit ( the main subject of this Work being of Precedence ) to speak something of the Black Prince while he was Governor of Aquitane , where he performd such notable Exploits ; and among other , of that fa mous Charter of Precedence which was given to the Crown of England by Don Pedro King of Castile , who being detruded out of the Throne by Henry his younger Brother , fled for succour to the Black Prince in Gascognie , who had at that time two other Kings in his Court , viz. Ricaredo King of Navarre , and Don Iayme King of Mallorca . Which Charter being yet upon Authentique Record , and not specified in the story of either Nations , may very well deserve to be inserted here ; and it runs thus . Petrus Dei gratia Rex Castellae & Legionis , omnibus praesentibus pariter , & futuris praesentes literas inspecturis , lecturis aut audituris salutem , & fidem plenariam iisdem adhibere . Cum in largitione , donatione , & concessione privilegiorum , libertatum , franquesiarum , ac honorum Praerogativa , illis nos liberales , & gratiosiores reddere debeamus à quibus multiplicia beneficia & honores nos recognoscimus recepisse ; Cumque Illustrissimus Rex Angliae , & Edoardus ejus primogenitus Princeps Aquitantae & Walliae consanguinei nostri nos & praedecessores nostros Reges Castellae retroactis temporibus fuerint favorabiliter prosecuti , & specialiter cùm nuper per Henricum quondam Comitem de Trestamare qui factâ cum quibusdam suis Complicibus coadunatione Regna nostra invasit , usurpavit , & etiam occupavit more praedonico , & hostili , & ea indebitè detinet occupata de Regno in regnum , & de Dominio in Dominium , & loco ad locum ad mortem nos esset insecutus à qua persecutione per receptationem dicti Dom. Principi●… in Terra sua de nobis factam fuerimus liberati , & per ipsum & gentes suas comfortati , ac honorabiliter recepti , & tractati , Nos memores dicti accepti beneficii , & in aliqualem praemissorum Recompensationem , & alias de nostra certa scientia , speciali dono , & regia donatione , & potestate damus & concedimus pro nobis , haeredibus & successoribus nostris Regibus Castellae per praesentes dicto Illustrissimo Regi Angliae , & Edoardo ejus Primogenito Principi Aquitaniae & Walliae , Quòd quandocunque idem Rex & ejus Primogenitus qui nunc sunt , aut eorum Haeredes & successores Reges Angliae , & eorum Primogeniti qui pro tempore fuerint , voluerint venire in propria persona ad Guerram quam nos habebimus , aut Haeredes nostri Reges Castellae habebunt contra Regem Granatae , aut alios Fidei inimicos , quod iidem Reges , & eorum Primogeniti habeant primum bellum sive la Delantera ante omnes Mundi Christianos , & omni tempore . Ita tamen quod Nos possimus & Haeredes nostri Reges Castellae si voluerimus ponere vexilla nostra in dicto bello pariter cum vexillis Regis Angliae , vel Ipsius Primogeniti . Item quod si contigerit dictos Reges , aut eorum Primogenitos ad Guerram quam Nos & Haeredes nostri habebimus contra Regem Granatae , aut Alios Fidei inimicos non venire , aut nolle , vel non posse venire , volumus & concedimus quòd unum vexillum de Armis Regis Angliae sit omni tempore in dicta guerra in primo bello , sive in la Delantera honorificè prout decet nostris , & successorum nostrorum Castellae regum propriis sumptibus & expensis . Item quia Patria ejusdem nostri Consanguinei plurima damna , & expensa innumerabilia sustinuit tempore quo ipse pro nostro succursu exercitus suos congregabat prout oculis propriis conspeximus , licet flebiliter gereremus , in recompensationem praemissorum , privilegiamus , volumus , & concedimus quòd omnes homines , incolae , nobiles , peregrini , cujuscunque status , sexus aut conditionis existant , Regni , Patriae , & dominii Angliae , & principatus Aquitaniae sint immunes ab omni pedagio , leuda , costuma , maletota , ceu aliis quibuscunque Impositionibus , Exactionibus in Regnis nostris impositis , seu in posterùm imponendis . Ita quòd dicti homines dictorum Regni , Patriae , & Dominii Angliae , & Principatus Aquitantae transeundo , morando , & redeundo per Regna nostra per mare velper terram , Costumam , Pedagium , Leudam , Maletotam , seu quamcunque aliam Impositionem vel Exactionem minimè solvere teneantur , nisi dicti homines causâ Mercimonii vel pro emercimiando aliquid emerent . Super quo an causa Mercimoniandi empta existant nec ne , per officiarios nostros , & receptorum dictorum pedagiorum stare volumus dictorum hominum juramenta de quibus rebus causa Mercimoniandi emptis non compellantur solvere , nec aliquid ultra ab iis exigatur quàm caeteri Mercatores solvere consueverunt . Et juramus ad Sancta Dei Evangelia à nobis corporaliter manu tacta & in verbo promittimus Regio concessiones , donationes , privilegia praedicta , & omnia & singula in praesentibus Litteris contenta tenere , complere , & inviolabiliter observare . In quorum & singulorum Praemissorum testimonium , & ad ipsorum Majorem firmitatem his praesentibus Nos manu propria Subscripsimus , & iisdem sigillum nostrum in pendenti duximus apponendum : Volentes , & concedentes ac etiam requirentes vos Magistrum Iohannem de London publicum Autoritate Apostolicâ Notarium quatenus ad perpetuam omnium & singulorum praemissorum memoriam vos cum praesentibus testibus subscribatis , praesentesque Literas signo vestro solito consignetis . Datum apud Liborniam Diocesi Burdegalensis die 23 Mensis 7 bris Anno Dom. 1366. Praesentibus praecharissimo Consanguineo nostro Domino Iohanne Duce Lancastriae , Regis Angliae filio ac fratre dicti principis , & Reverendis in Christo Patribus Dom. Helia Archiepiscopo Burdegalensi , Dom. Barnardo Episcopo Xancton . Iohanne Electo Bathoniensi , & Wellensi Cancellario Aquitaniae , Iohanne Shandos Constabulario , & Thoma de Felton senescallo Aquitaniae , Nigello de Loereyn Camerario dicti Principis , Balboyno de Frevilla senescallo Xancton . & aliis testibus ad praemissa . Yo el Rey. I the King. Et Ego Iohannes de London Cler. Winton . Diocesis publicus Authoritate Apostolica Notarius undecima die mensis Februarii anno Domsupradicto , Indictione quinta , Pontisicatus sanctissimi in Christro Patris , & Domini nostri Dom. Urbani divina providentia Papae quinti anno quinto infra castrum Civitatis Baionae in capella ejusdem castri unà cum testibus infrascriptis fui praesens quando dictus Dom. Rex Petrus promissa omnia & singula innovavit , confirmavit , & juramento suo vallavit tangendo propriis manibus suis sancta Dei Evangelia , & quando ipse Rex manu sua propria se subscripsit , & me requisivit , & mandavit ut praesentibus Literis me subscriberem , & signum meum apponerem consuetum . Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern . Rogerus Dom. de la Wara , Gomeicus dicti Dom. Regis Magister , Paulus Gabrielis Civis Ispalensis . Iohannes Guttern Decanus Ecclesiae Segobien , & Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae & Walliae supradicti . Then the Great Seal of Castile and Leon was affixd . By vertue of this Charter legally made to King Edward , and the Prince his Son , and to their Heirs and Successors Kings and Princes of England for ever , it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile , against the King of Granada , or any other Enemy of the Christian Faith , They shold have the First place in the Vangard above all other Princes of Christendom ; and although neither of them were present , yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place . This Instrument was made after that the Black Prince had done the Work , and restord Don Pedro to his Kingdom : therfore he passd it as a Monument of eternal Gratitude unto him . But before the Prince uudertook the business , ther was also a Bond from the King to pay so much money for defraying the Princes Army ; and in consideration also of this undertaking , it was legally agreed that the Prince shold have the Castle of Vermeo , de la Quet , Bilbo , Biscay , and the Castle of Ordials , A tenir perpetuellement à li & ses Heirs & Successeurs , & pour doner là où luy plerrà , to be held perpetually by Him and his Heirs and Successors , and to give to whom he pleasd . All which was ratified under the Great Seal of Castile , and confirmd by Oath upon the holy Sacrament in the great Church of Burgos . The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany , and cross over to a tougher Peeple the Scot , who though Conterranean , and our neer Neighbours , yet they did always confederat with the French against England , and England still boar up single and victoriously against both of them : For when Scotland was at the highest pitch of power , when she had active and boysterous Kings to her Generals , and the French for her Coadjutors and Auxiliaries , as also the Danes in Ages past , yet the English carried away many fair Victories , with divers of their Kings Prisoners . As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations . We will begin with that famous Battail twixt King Athelstan and them , when they had a great Army of Danes joynd with them , and being twice in number more then the English , yet King Athelstan obtaind a signal Victory both by Prowess and Policy ; for the two Armies being ready to joyn , the English made semblance to flee away , leaving their Bagage behind ; which as the Scot and Dane were a sharing , the English did suddenly wheele about by the advantage of a Woody Hill , and finding them in disarray , and laden with Booty , they rushd upon them with such a Resolution , that above 40 thousand of them , and , as Buchanan their chief Chronologer hath it , the flower of their Nobility , perishd there at that time . The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion , was in William Rufus his Raign , when the Scot having made divers Incursions into the English Borders , Moubray Earl of Northumberland was sent against them , who incountring their King Malcolm with his eldest Son in the Field , they were both slain , and the whole Army overthrown . In King Stephens days , Thurston then Archbishop of York , was sent with an Army against the Scot , who meeting the King himself in the head of his Forces , utterly routed him , with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire , as , Humphry-vile , Scuttvil , and Vescy , to make head against the Scot , which they did with such Valour and Success , that they took the King in the Field ; and as a Trophy of their good Service and Victory , they presented him Prisoner to the King at Northampton , whence he carried him along to attend him in his French VVars . William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land , and carried the Sword before him bare-headed . Edward the first , calld in story , and as his Tomb in Westminster tells us , Scotorum Malleus , the Hammer of the Scots , summond King Baliol to Newcastle to swear Fealty unto him : but fleeing afterwards to the French King , at his return King Edward summons him again to Berwick , where he re-submitted himself with all his Nobles in open Parlement , which King Edward held there ; and for Caution brought Baliol along with him , leaving the Earl of Surrey Warden of Scotland . Then started up a notable Blade , one Wallis , who notwithstanding that King Baliol was Prisoner in England , gatherd such a strength , that causd King Edward to go again in person , and at Fonkirk Battail killd outright 200 of their Nobles and Gentry , with about forty thousand Common soldiers . Then he summons a Parlement at Edinburgh , where all the Scots Nobles swore Fealty to him ; and then he carried away thence their Great Charter , calld the Ragman-Roll , the Black-Cross , and the Stone , wherein they believe the Fate of Scotland is fixd . Then ther was a third Provocation offer'd , for le Bruce was crownd King of Scotland , wherupon the Earl of Pembrook was sent against him , who utterly defeated him at Iohnston : yet all was not quiet , but King Edward was forcd to make a fourth expedition thither in person , when he constraind le Bruce to flee away to Norway , where he blew on his Nayls while King Edward liv'd . But Bruce being come back , and Usurping during Edward the seconds time , ( who we read was so infirm and infortunat a King ) his Father Edward the third restord Baliol by force of Arms , and made him swear Fealty to England again . But some yeers after King Edward being deeply engagd in the French Wars , David the next Scots King rush'd into England with about sixty thousand men , being confederat with the French King to divert the War there . But Queen Philippa , with the Archbishop of York , and the Lords and Knights of the North , encounterd this huge Army , and utterly defeated it , one Copland taking the Scots King Prisoner , whom he he reservd for a present to give King Edward when he came from France , and to keep company with Iohn the French King , who also was taken Prisoner by the Black Prince : And there were but six weeks difference of time twixt both Victories . In Richard the seconds Raign , the French King sent his High Admiral , with a thousand choice men at Arms , in a Fleet of 60 Sayl of Ships , with Arms for 12000 men more into Scotland . Therupon an English Army being raisd , it struck into Scotland like a Whirlwind , and piercing the very heart of the Country , advancd as far as Dundee , and returnd Victorious . Henry the Fifth took Iames the first Prisoner , and carried him over to attend him in his French VVars . In Hen. 8. time , the Scots King ( although his Brother-in-Law ) taking his advantage when he was in France , battring the Walls of Bullen , with the flower of the English Nobility , raisd the greatest Army that Scotland could make for invading England ; therupon King Harry sent a Commission to the Earl of Surrey to raise Forces accordingly . The two Armies met at Flodden-field , where the Scots King and the Archbishop of Saint Andrews his Brother were slain , with twelve Earls , 14 Barons , and 12000 more . Not long after Solmosse Battail was fought , where eight Scots Earls were taken Prisoners , with 200 Gentlemen and others : insomuch that as the story saith , ther was never an English soldier but had his couple of Scots Prisoners . Four and thirty yeers after , the same day both of the month and the week , ( as the Historians observe ) Musselborough-Battail was fought ; which because it was the last , and one of the most signal and sanguinary great Battails from the Conquest that was fought twixt the English and the Scots , I will here particularize , but with as much brevity as may be . The Duke of Somerset was General of the English , the Earl of Warwik his Lieutenant , the Lord-Admiral Clinton had 60 ships of War , which were to hold cours with the Land-forces ; the whole Army consisted but of about 13000 Foot , 1200 men at Arms , 2500 Light-horse , 16 Peeces of Ordinance , evry Peece having a Gard of Pioners who came to about 1400. From Berwick they entred Scotland , and marchd as far as Musselburgh far within the Country ; they seizd upon three small Castles as they passd , and with infinit pains overcame the Natural and Artificial Difficulties of the Ways . They understood that the Scots Army far exceeded them in number , and ther came Recreuts dayly unto it : For the Fire-cross was carried about by the Heralds through all parts , ( which is two Firebrands upon the point of a Spear ) that all above sixteen , and under sixty yeers shold repair to the General Rendevous : insomuch that the Scots Historians themselfs do mention that ther were above thirty thousand in the whole Army , which was twice the number of the English. The Battail was fought with much resolution and cagerness on both sides ; yet notwithstanding that the Scot was at his own home , and that the English were tir'd by a long difficult march , they obtaind an absolute Conquest : ther were slain of the Scots about 14000 out-right upon the place , wherof ther were 3000 Kirk-men , as Fryars and Monks , Huntley with other great Lords were taken Prisoners , 30 Peeces of Ordinance were taken and shippd for England , with 30000 Iacks , as the Record says ; and the English plunderd the Country five days march further , and did what they wold . We will conclude with the late Battail at Dunbar still fresh in memory , where ther were not much more then 8000 English , and the Scot had them at a great advantage , yet the English making a Vertu of Necessity , utterly overcame an Army of about 24000 Scots ; an Army that had been long a moulding , and consisted of many of their Nobility and Gentry : they lost both Bag and Bagage , Artillery and Arms : ther were above 3000 slain , 10000 taken Prisoners , whereof ther were 260 Officers , 15000 Arms , and 30 Peeces of Ordinance , and neer upon 200 of their Colours were brought to hang in Westminster-Hall for Trophies . Out of what hath been said , this Inference may be made : That in all those Traverses and Encounters of War that England had with Scotland , which were neer upon an hundred since the Conquest , take small and great together , the English did always foyl the Scot , except in Ed. 2. time , as shall be said hereafter . In some Battails we may find how they carried away more Captives then they were common soldiers themselfs , driving them as it were like sheep before them : And observable it is , that the greatest Battails were fought in Scotland it self , after that the English had been tir'd and dispirited by long marches , over uncouth and strange places , being ignorant both of the Advenues and Advantages of them . Tru it is , that in Ed. 2. Raign they won two or three Victories , wherof that at Bannocks-Battail was the greatest , where Gilbert de Clare Earl of Glocester , and about 40 Barons , with 700 Knights and English Gentlemen , were killd . In Hen. 8. Raign they got also a small Victory , when Sir Ralph Evers was slain . In the time of the Long Fatal Parlement they did likewise many Insolencies , and rush'd far into England : but those Invasions may be rather termd Invitations by some spurious and unworthy-degenerated English-men , who had contrivd their coming in long before ; whose memories will stink in the Nostrils of all Posterity . But the English have taken four of their Kings Captives , killd two other in the field , carried away their Crown , with the chiefest Ensignes of Royalty , &c. Nor were such high Exploits performed by the Kings of England on Land only , but by Sea they have been as glorious . Historians say how King Edgar had a Navy of three thousand six hundred ships , and bottoms of all sorts , which he divided to three Fleets that usd to coast about , and scowre the Seas as far as Norway evry year , and he in person would go often Admiral himself , and be all the Summer abroad . Philip the French King not long before the Battail of Cressy , to hinder Edward the thirds return into France , got a mighty Navy in Equippage of 200 sayl of ships , besides Gallies in the Haven of Sluce ; wherof King Edward being advertised , prepared such another Fleet , and encounters the French with such resolution and success , having the Wind and the Sun for him , that he utterly defeated the whole Navy , slew about thirty thousand men , and so returned with mighty triumphs , and the admiration of all Europe . Philip the second of Spain , having ( as he conceavd ) endured divers Affron●…s and Injuries from Queen Elizabeth , conceald his Discontents a long time , until he had provided the Invincible Armada , as it was calld , wherewith he hoped to have swallowed all England . It was three years preparing , it consisted of above 150 sayl , wherof most of them were Galeons : they were mannd by 8000 Mariners : they carried 20000 Listed soldiers , besides Volunteers : they had 1600 Brass Cannons , 1000 of Iron , and 120000 Granado's , with other Fireworks of all sorts . This Prodigious Fleet stood the King of Spain in 10 Millions first and last , from the time that she set sayl out of Lisbonne , as t is found in their Annals : she lookd like a Forest at Sea as she steerd along . Q Elizabeth had first news hereof from Hen. 4. of France . But then how did that Masculine Queen , that notable Virago , bestir her self ? how suddenly was there a great Fleet in a readiness , and an Army by Land ? how magnanimously did she view her Musters , and encouragd the soldiers , riding up and down with a Plume of Feathers in her Hat like another Boadicia ? So that mighty Armada passing through the narrow Seas as far as the Downs , her great Galeons were so plyed and pelted by the English ships , that they were utterly overthrown , only some few fetching a compass about Scotland , got safe to Spain to bring news what became of the rest . I have been somwhat overlong in this Paragraph , but ther shall be a compensation made for the Prolixity thereof by the Brevity of those that follow . The Fifth Paragraph . That the King of Great Britain hath as stout and strenuous sturdy Free-born Peeple to his Subjects as any other King , with as generous a Country , and Generality of Wealth . I Will begin this Paragraph with a late eloquent Character that an Italian Nobleman the Count Alfonso Loschi of Vicenza gives both of the Peeple and the plenty of England in his late printed Volume , calld , Compendi Historici . La popolatione d' Inghilterra è innumerabile , gli huonimi sono disposti , & ben organizati , grandi di corpo , di faccia serena , bianca , & rubicunda , nella guerra terribili , & audaci , nelle risolutioni precipitosi , & crudeli . Qe Donne riescono à Maraviglia belle , & gratiose & can la Leggiadria del vestito rapiscono I cuori . Inghilterra vanta non immeritamente titolo di Monarchia in expressione , & gieroglifico di che tiene il Re di sotto allo scettro la palla per figura della dominatione del mondo . Non cie Potentato che con armata maritima possa approdare à liti , à quali servendo per mura l' Oceano , & per isbarco sicurissimi , & arenosi recessi non vimprontano l'orme piedi stranieri , & se ben spesso con Intestine seditioni non havesse contro le proprie viscere rivolto le seditioni , & l'armi riuscirebbe indomabile , ne cisarebbe potenza sopra l'Inglese . L'aere salubre , ricchezze grandissime , li terreni fecondi , & minerali , li pascoli abondanti , & delicati , onde le lane d'Inghilterra tengono il primo luogo , &c. Which Character coming from so indifferent a Judge , and so fresh an Author , and a Personage of so high a Wit and Quality , I thought worthy the rendring into English. The Peeple of England are innumerable ; the Men welldisposd , and organizd or limmd ; tallish of stature , of comely Countenances , white , and reddish : they are terrible in the Wars , and bold , headlong and cruel in their resolutions . The Women are marvellously beutiful and handsome , and by the quaintness of their Dresses do ravish hearts . England not undeservedly glorieth of the Title of Monarchy , by the Expression and Hierogliphic that the King bears under his Scepter , which is a Globe or Ball that represents the Government of the world . Ther is no Potentat whatsoever that with any Naval power can approach his shores , wherunto the Ocean serving for a Wall , with most secure and sandy Recesses for disimbarking , the stranger cannot plant his foot . And if England did not use so often to turn the sword into her own Bowels by intestine seditions , she wold prove invincible , and ther wold be no power above the English. The Air is healthful , mighty Riches ; the Soyl is plentiful , and abounding with Minerals ; the Pasture luxurious and delicat , whence it proceeds that the English Wool is incomparable . This new noble Author when he comes to deliver his Opinion of France and Spain , doth not speak half so much of either , nor of any Country els ; for he treats of all the Kingdomes of Europe , and of other besides . Now , it is taken pro concesso , t is a truth granted by all , that ther is no King hath more choice of lusty and stout Bodies to make soldiers of , then the King of Great Britain hath in his Dominions ; ther is the English , Welch , Scots and Irish , Nations that keep still entire their innated spirits , and stoutness uncowd : And this may be imputed to the Policy and Moderation of Government , to the equal distribution of the VVealth and Plenty of the Country . For the Yeoman and Franklin goes well clad , hath wholsome Nutriment ; and as a return of his Labor from the grateful Earth , hath wherwith to provide for his children that they may not encrease the number of Beggers . It is not so in some Countries , which made one say , ( though ther may be some excess in the expression ) That the Yeomen and Freeholders of Kent are able to buy half the Peasants of France . Such Subjects and such a Country the King of Great Britain commands ; which made Eumenius in his famous and elegant Panegyric to Constantin the Great , to melt thus into her praises . O fortunata & omnibus beatior Terris Britannia , quae Constantinum Caesarem prima vidisti ; Meritò Te omnibus Coeli ac Soli dotibus Natura donavit , in qua nec hyemis est nimius rigor , nec aestatis ardor . In qua segetum est tanta foecunditas ut muneribus utriusque sufficiat & Cereris & Liberi . In qua nemora sine immanibus bestiis , Terra sine serpentibus noxiis . Pecorum mitium innumerabilis multitudo lacte distenta , & onusta velleribus , Certè quidem quod propter vitam diligitur longissimae dies , & nullae sine aliqua luce noctes , dum illa littorum extrema planities non attollit umbras , noctisque metam Coeli ac Syderum transit aspectus , ut Sol ipse qui nobis occidere videtur ibi appareat solummodo praeterire . O most fortunat Britain , ( saith Eumenius ) more blessd then any other Country ; which didst first see Constantin Caesar ; Nature hath deservedly endowed thee with all Gifts both of Heaven and Earth . In thee neither the excessive cold of VVinter , nor the ardent heat of Summer doth offend the Inhabitant . Thou swell'st with such a secundity of all kind of Corn , that thou mayst be calld the Favorit of Ceres and Bacchus . Thy Groves are without savage rapacious Beasts , and thy Heaths without any poysonous Serpents . Thy Fields are covered with innumerable multitudes of mild Cretures ▪ labouring with exuberance of Milk , and laden with rich Fleeces . For delightfulness of Life , thy days are very long , and no night but hath some glimpses of light : the glorious Sun which sets and goes down in other Regions , seems only to pass by thy Horizon . From this temperatness of Clime and Fertility , may proceed the Well-favouredness , the Procerity , as also the Health and Longaevity of the Inhabitants ; in regard Nature doth not finish her cours in the bodies of Males and Females so soon here as she doth in France and Spain . For t is observd by all strangers , that an English woman looks as fresh and beutiful at forty , as a French or Spanish at five and twenty ; it being very ordinary for them to continue still teeming and prolifical when they are past fifty years . And for the Men , it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years , ( one with another ) as were found in Hereford about 60 years since , within two miles compass of the town , who were so vigorous , strong and spriteful , that they danced the Morice-dance in the Market-place for many hours , with a Maid-Mariam of a hundred and three , and a Tabourer of a hundred and five years old . From the Fertility and Generousness of the Earth , may proceed also the extraordinary Courage and Hardiness of the Peeple ; which hath been so well known and felt in other Countries beyond the Seas , as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails , where the English Army was never half so numerous in any they got , no not somtimes the third or fourth part in number to the Enemy ; and such an esteem they had in France , that ( as their own stories relate ) when the Duke of Britany or Armorica was to encounter the French Army in a Battail , he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode , to make them appeer the more formidable to the French. Nor doth that Primitive innate Courage languish a whit , or decline in them , ( as some think the World doth ) as we find it hath done in other Nations , as the Iew and Greek , with others , but it continueth still at the same height ; as it appeerd in the year Eighty eight by Sea , as was said before , and in several Exploits in the Low-Country Wars , as Newport , the Retreat before Gaunt , &c. by Land. Likewise by fresher Examples in the late Civil Wars twixt King and Parlement , and since , wherin the Power , Strength and Wealth of England was never more discovered : For the late usurper ( having such a Command over the Peeples purse , and never wanting money ) made Spain and France strive who shold be his Confederat , as also the Hollander , the Swed , and others : I say , in those times the ancient stoutness of the English appeerd in many Traverses of War ; as at Dunbar in Scotland , and by Sea against the Hollander , who were beaten and batterd into a Peace . What a hazardous peece of service was performed when we invaded Barbary at Tunis ? but especially that desperat Exploit Blague did at the Canaries ? The French King confest that the Brigade of English before Dunkirk , commanded by a little bold Britain , though not the fifth part of the Army , did contribut most to the late taking of that strong Praedatory Town . And the King of Portugal acknowledgd , that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora , that Brigade of English who servd there , though not much considerable in number , did perform the toughest part of the service , and first shewd them the way of using the Rests of the Musquet to knock down the Enemy ; which made the French-men cry out , Faisons comme les Anglois , Let 's do as the English. The Sixth Paragraph . Touching the Ancient and Long-lind Extraction , Decendency , and Bloud-Royal of the Kings of Great Britain , &c. THe Races of Kings may be said to be like great Rivers , that stream out into divers large Channels and Arms , which become great Rivers of themselfs afterward : Or like huge Trees which use to stretch their Branches beyond the Ocean , where being inoculated and graffd , they make divers other Royal Trees to sprout out of them in Forren Soyls . Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats , and some of them Imperial : The first was before the English took footing here , between the Emperour Constantius and Helene , a Britain born , and Mother to Constantine the Great , the first Christian Emperour : for this Iland was held in such high esteem by the Roman Emperours , ( when they had almost all the world besides ) that divers of them kept their Courts here ; among whom Severus , and Constantius died at York : which City may deservedly vaunt of two things , viz. that two Roman Emperours were buried , and a third born in her , viz. Constantin the Great . After the Saxons came , this Iland also continued in such a repute , that Ethelwolph Son to King Egbert , Anno 830. married the Lady Iudith , calld the Fair for her extraordinary Bewty , and Daughter to the Emperour Charles le Chauue , Granchilde to Charlemain . The Emperour Otho the Great married the Sister of King Athelstan , whose friendship was so much sought by all his Neighbouring Kings , that they wooed for it by rich Presents : which made the King of France send him the sword of Constantin the Great , in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross : He sent him also the Spear of Charlemain . The King of Norway sent him a curious Ship , with a Gilt Stem , Purple Sayls , and the Deck garnishd all with Gold. The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made , wherein were Landskips with Vines , Corn and Reapers so much to the Life , that they seemd to move , and act , &c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France , ( besides the Scots alliance with that Country . ) The first was about the yeer 900. twixt Charles the first of France , and the Lady Ogine Daughter to Edward Son to King Alfred , that admired Saxon King , who is so famous in story for divers signal things : for He cleerd the whole Kingdome of the Danes , who had so much infested and harassd it . He Founded the University of Oxford , Anno 895. He was the first who divided England into Shires , Hundreds , and Weapontakes . He divided the Natural Day also into three parts ; eight hours for Recreation , and matters concerning his Health , as sleep , &c. eight hours for Meditation and exercise of Piety ; and eight hours in Council , and the publick Affairs of his Kingdome . He Founded also Shaftsbury-Abby , Winchester-Church , and Eldinsey-Monastery . The second Marriage with France was twixt Hen. 3. of England , and the Lady Margaret Daughter to Lewis the seventh of France . The third was between Edward the first , ( that great Hero of his time ) and the Lady Margaret , Daughter to Philip the Hardy of France . The fourth twixt Edward the second and the Lady Isabel , eldest Daughter to Philip le Bell King of France , Mother to Edward the third of England , who by right of her claimd and carried afterwards the Crown of France . The fifth was twixt King Richard the second , and the Lady Elizabeth , Daughter to Charles the sixth of France : but she was but his second Wife , for his first was the Lady Anne , Daughter to the Emperour Charles the Fourth . The sixth was between Henry the fifth of England , and the Lady Katharine , another Daughter to Charles the sixth of France . The seventh was twixt Lewis the twelfth of France , and the Lady Mary , second Daughter to King Henry the seventh of England . The eighth and last Inoculation twixt the Rose and the Flower de Luce , was that of Charles the first of England , with the Lady Henrietta Maria of Bourbon , youngest Daughter to Henry the great of France . In which Matches England hath had six Daughters of France , and France two of England . By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell , Edward the third of England being her eldest son , was Heir to the Crown of France ; and demanding his Right therunto , he was answered , La Couronne de France n'est pas lièe à la quenouille , That the Crown of France was not tied to a Distaff : wherunto he replyed , That he would then tie it to his Sword ; and he was as good as his word . But Henry the fifth some fourscore years after tied it faster , for he reducd Charles the sixth to such terms , that after his death he shold immediately possess the Crown and Kingdome of France , and that in the interim the Dauphin his son ( afterwards Charles the seventh ) shold be disinherited ; That in the interim King Henry shold be Regent of France , ( in regard the present King was sometimes crazd in his Intellectuals ; ) That he shold take to Wife the Lady Isabel , Daughter to the said Charles : All which Capitulations not onely the King , but the chiefest Peers and Nobility of France did consent unto , and ratifie by solemn Oath , obliging themselfs further to uphold and assist Henry of England , with his lawful Heirs and Successors , against Charles the Dauphin whom his Father had legally disinherited . Hereupon Henry the fifth dying in France , ( a Death much too soon and immature for so brave a man ) his son Hen. 6. was proclaimd King of England and France in Paris : In which publick Proclamation , t is very observable how England had the precedence ; and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him ; divers of which Nobles grew afterwards Apostats , and joynd with the Dauphin . Against Edward the thirds Right the Salique Law was alledgd , which they wold force and pin upon a Text of Scripture , Lilia neque nent , &c. The Lilies neither spin , &c. But though King Edward had cut the Labels of that Law with a victorious sword , yet it was not quite cancelld : Nor indeed could it be possibly done , for it was but a kind of Chymera , a meer imaginary Law ; and one of the Authentiqust French Historians Du Haillan hath no better opinion of it . They who are the greatest Champions of that Law , acknowledg that it was at first a particular Topical Law made at Salem , a place upon the Rhine , but they have stretchd it since to all France : As if the Law of Gavelkind , which is peculiar to Kent and other distinct places , shold be made to extend it self , and be in force all England over . But some ther are that will not allow any Essence at all to the Salique Law , no not to be a Local restraining Law to the foresaid place neer the Rhine ; Therfore the same answer may be fit to be given un to the Assertors of It , as was given by the Venetians to the Pope , when ther happening a clash between them touching the Sea about Ancona , which they alledgd belongd to the Venetian Gulf wherof they had the Dominion , And the Pope demanding what warrant they had for it , t was answered , by a kinde of Sarcasine , If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors , upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph : whence an Intimation was made , that neither of the Charters had ever any being ; which may be justly applied to the Salique Law. And besides that , du Haillan , though a French-man , in the first Volume of his History , confutes that Law. It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy , who when Philippe le long was created King , he openly cryed out against his Creation , alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly : but to stop his mouth , Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter . But touching the Title of Henry the Fifth , which was confirmed by Solemne Agreement , and Sacramental Oaths , the French found out another Evasion . For it was avouchd , That the Kingdom of France goeth not by Descent or Inheritance , but by Succession , which is grounded not upon a Law but upon Custom ; by vertu wherof the next of the Bloud Royal , be He of the furthest degree that may be to the kindred , succeedeth , not as lawful Heir , but as a Successor by Custom , not newly invented , but of long continuance , even from the time of Pharamond . But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers , and a French-man born , who reckons up a long Catalog of French Kings which did not succeed one another , but were chosen one after another . Another Objection was also suggested , that Charles the sixth , who made the foresaid Contract with Henry of England , was no better then a Lunatique , though he had somtimes Lucida Intervalla . Wherunto it is answerd , that at the time when that Agreement passd He had a lucid interval , and was in his right wits and memory : Besides , the chiefest Nobility of the Realm were parties in ir , and did not only consent , but obligd themselfs by Oath to the performance of it . Ther was a third Objection which kept a higher noise , viz. That the King of France cannot alienate the Demeanes , Rights , Titles , and Interests of the Crown , without the consent and suffrage of the Assembly of Three Estates , which was not had then , because a great part of the Peers , Nobles , and others were then absent . Whereunto t is answerd , That in claims which go by plurality of voices , it is not always necessary that all shold be present , if the greater and better part of them be there , specially if after Citation the rest absent themselfs : For although the point that concerneth All , shold be approvd by All ; yet , as Civilians hold , when some or all may approve or disallow the things which concern Them , and They will not be present to shew their consent or dislike , their Absence shall not prejudice the stipulation of the Contract . And in this great business twixt two Kings , those who were away were Traytors to Charles the sixth , for they were in arms against him , by taking part with the Dauphin who was in Rebellion against his Father at that time ; Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War. The fourth Objection carried more of pusillanimity with it , then strength of proof , viz. That when the foresaid Contract was made , the English had almost over-run all France , and that the King was coopd up in a corner of the country ; Therfore whatsoever He did being done by fear , duresse and compulsion , was of no better force then a Covenant extorted by violence , or made in prison by a private man , which when he is at liberty he is not bound by Law to perform if it tend to his damage . To this t is answerd , That the case is far different twixt Souverain Princes and privat men , for between the one ther fall out but Processes and Suits in law if they disagree , or not perform what is a greed upon ; But between Princes , bloud and Wars , fire and Sword , death and destruction somtimes of whole Countries and millions of human soules do Ensue : Therfore when a King by the propitiousness of Heven , and his own prowess , by the hazard of his life , loss of his peeple , with infinit pains and expence of Tresure , hath gaind a Victory by the justness of his Cause and Divine decree , or redu●…d his Enemy to a streight , All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes , and reduce his Enemy to what terms he please ; And the Articles which shall then be capitulated , consented and sworn unto , are to be exactly performd ; otherwise there wold be no end of any War. Now , rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune , have destroyed the whole Realm of France , and taken the King prisoner , or driven him quite out : But he was so far from doing so , that he sufferd him to enjoy the Kingdom while he livd , and by taking his daughter to wife made her Issue therby capable not only of the French , but also of the English Crown , with all the Dominions thereunto annexed . Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable , merciful , plain and downright ; But the French crafty , double minded , inhumane , high and subdolous upon all advantages : Insomuch that t is a question which was sharper , the English blade , or the French brain . I will conclude this digressive discours with another argument of the French , viz. That Charles the sixth could not legally disinherit his eldest son , being Hei●… apparent to the Crown of France . To this may be answerd , that neither Charles the sixth was rightful King , nor consequently his son heir apparent : for since Edward the third of England , all the French Kings were but Usurpers ; they were Kings de facto , not de jure . Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited : We read that Robert made his second son Henry King of France , by disinheriting Robert his eldest , who for compensation was made Duke of Burgundy . Lewis le Gros , with the consent of all the Peers and Estats of France , made also Lewis his second son King , and gave Robert his eldest the Earldom of Dreux . Dagobert made Clouis his second son King of France , by putting by Sigisbert his eldest son . I have bin somwhat long in discours of this great Transaction twixt England and France , because the chief aim of this Work being at Precedence , the discerning Reader may regulat his judgment accordingly . We will now go on to conclude this Paragraph , the main scope wherof being Antiquity , and continuance of Royal Bloud . The Genealogical Tree of the Kings of this Iland , as all other Countries , hath had various Stems : the first were Britains ( now calld Welsh ) who may contend for Antiquity , and may be said to be coetaneous with the Iland it self , yea before it was an Iland ; for ther want not some who hold that it was at first a continent , or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen : for the Rocks on both coasts being of a colour and shape , look as if they were slented one out of the other . Before the Romans took footing here , which was neer upon 200 yeers before they could do it peaceably , the Britains did still so bear up against them ; wheras Gallia or France was fully conquerd in less then 10 yeers : I say , before the Roman Eagle fixd his talons here , ther had bin 65 Kings of the British Bloud : But then that Race being interrupted by the Romans for above 400 yeers , the Iland being freed of Them , some of the old British Bloud came to be Kings again , among whom some were very famous , as 〈◊〉 , and Arthur his son the chief Christian Worthy , who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table . And this Race of the old British Kings lasted till the raign of Cadwallader , Anno 689 ; yet ther were Welsh Princes that swayd still ( as among other Howel Dha the Great Legislator ) and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leol●… the last Prince of the British Bloud being slain in battel , his head was brought to King Edward , who commanded it to be crownd with I●…ie , confessing that he had met with more valour in the Welsh then the Scots , for he had fierce Wars with both . But Cadwallader being dead , the British Race was interrupted again ( till Owea Tewdors time , who descended from Cadwallader , as shall be shewd ) by a G●…rman peeple inhabiting the lower Circuit of Saxony , and so calld Saxons by the Welsh and Irish to this day . They had a 〈◊〉 a long time ; but Egbert by conquest redu●…d them to a Monarchy , and he was the first who calld himself King of England . Then that English Race al●…o of Kings had two short Interruptions , one by the Danes wherof ther raigned here three Kings , but all their raigns extended not to ●…5 yeers ; Then by William of Normandy , and that Interruption ●…asted about 40 yeers , till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athel●…g , wherby the English Bloud Royal was restord . Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was resto●…d by Owen Tewdor , who married the Queen Dowager Katherine , and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards , and confirmed by the English Heralds , came lineally from the foresaid King Cadwallader and Leolin : so ther were three Kings , viz. Hen. 7. Hen. 8. Edw. 6. with two Queens , viz. Mary and Elizabeth , all Tewdors . Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses . Now , by a due computation made of the premises , it will be found , that ( take British or English ) the source and series of the Bloud Royal of England is above a thousand yeers since . And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof , it will be neer upon 3000 yeers ; which no kingdom ●…ls can say . Moreover , the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British : for the mother of the first King of the Stuarts was a British Lady . And as ther is a Register of 139 British and English Kings , so there is an exact Catalog of 110 Scots Kings : wheras all the three Races of the French Kings make but 64 Kings in all . Nor did any of those three Royal Races continue much above 300 yeers in a Bloud , but were quite extinguishd , both Merovingiens , Carlevingiens , and Capevingiens . The House of Valois extinguished in the late Queen Margaret , first wife to Hen. 4. And this present King is but the Third of the House of Bourbon . Spain cannot say so much : for the furthest Line that Her Kings can draw , is not much above 500 yeers ago , from the Counts of Castile ; nor was ther ever any King of Castile till the yeer 1017. And touching the House of Austria , it became Royal but about 300 yeers since . To conclude this Paragraph , his present Majestie of Great Britain , in point of Royal Extraction and Linage , is the Greatest born Prince that any Age can produce . For wheras his Granfather and Father were allied only , if you regard Forren Consanguinity , to the House of Holstein , and that of Lorain ; Charles the second of England bears in his Veins not only That Bloud , but also the Blouds of all the Great Princes of Christendom , being neerly linkd to the Houses of France and Bourbon , To the House of Austria , and consequently to the Emperour and Spain by the Maternal side , as also to the Dukes of Savoy and Florence . Moreover , He is neerly allied to the King of Denmark , and to all the prime Princes of Germany , as the Saxe , Brandenburg , Bavaria , the Palsgrave , &c. The seventh Paragraph . Touching the Hospitality , and plentiful Kingly Court , with number of Officers and Stately Attendants of the King of Great Britain . T Is ordinary for Latin Authors old and new , to break out into the praises of Great Britain , and their Elogiums are many : but le ts hear what a great Greek Poet speaks of Her. — — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No Ile did ever dare With Britain yet compare . Among other Encomiums of England , she is much cried up for her wonderful fecundity and fulness of all things relating to the nourishment of mankinde , all things that Earth , Water or Air can afford : which ( with the Divine benediction ) must be imputed to the temper of the Clime ; And besides , ther be gentle breezes that are conveyd from the circumfluent Seas , which refresh all kinde of animals both Brute and Rational . The clouds there may be truly said to drop fatness , dissolving into silver wholsom showers to soften and fertilize her Glebes : In December and Ianuary there is commonly Frost enough to knit and corroborate the joynts of the earth : In February ther is usually Snow enough to fill the Dikes , and like a gentle white rugg to cover her plowd fields , and keep the bed of the earth warm from the inclemency of the circumambient cold air . It is observd that ther is not such a multitude of Volatils any where : And touching her Seas , ther are not any wher so great variety of Fish swimming in such huge shoals like mountains , and taking their turns and seasons about the Iland once every yeer : Her fresh rivers are also full of them . Her Forests and Woods have not such ravenous beasts as other Countries use to have : yet ther are store of savage beasts for Recreation , as the Stagg , the Hind , the Hart , the Hare , the Otter , the Fox and Badger , &c. The bowels of the earth are no where so pregnant of Metals , Stone , and Fuel , &c. The Sun , which scorcheth other Countries , may be said but to warm the English soyl with his gentle rays . The Air is nothing so foggie and dull as in many other Regions , but cleerd and attenuated ever and anon with refreshing blasts . Nor is the body of the earth so subject to shaking Agues and Earth quakes , to trepidation and quakings , as other places are , which are full of sulphurous bituminous concavities . Touching store and superfluity of Corn , with all sorts of Grain , Britain in the times of the Romans was calld , as Tacitus says , the Barn and Granary of the Western world . Take all these particulars together , the Poet doth not much complement with England when he breaks thus into a Character of her . Anglia Terra ferax , Tibi pax secura quietem , Multiplicem luxum merx Opulenta dedit . Tu nimio nec stricta gelu , nec sydere fervens , Clementi Coelo , temperiéque places . Cùm pareret Natura parens , variásq favore Divideret dotes omnibus una locis , Sepofuit potiora Tibi , Matremque professa Insula sis foelix , plenaque pacis , ait , Quicquid amat luxus , quicquid desiderat usus , Ex Te proveniet vel aliunde Tibi . This is the cause of that infinit Commerce she hath to all parts of the habitable earth as far as the Antipodes , and the incredible benefit which other Nations make of her Commodities ; Insomuch that Guicciardine , an Author well to pass , relates that after the Articles of the Intercursus magnus were made with Flanders or the Netherlands , the Annual Trade amounted unto above twelve Millions Sterling , whereof the one half was in Woollen Manufactures , wherby the 17 Provinces did wonderfully improve in Negotiation and Wealth : Insomuch that the ground of the Order of the Golden Fleece established by the Duke of Burgundy , related to the English Wool , which proved so infinitely beneficial unto them . From this marvelous exuberance and superfluity of substantial Staple-commodities proceed the luxe , the plenty and profuseness of the Inhabitants : for ther is no wher such frequent Invitations and Feasts in Town and Country ; which made one say , That among others , England hath an Inchanting kind of quality , to make Forreners forget their own Countries , when they have once tasted of the sweetness therof . The Franklins , Yeomen or Freeholders live like Gentlemen , The Gentlemen and Esquires live like Noble-men , The Noble-men like Princes . The Lord Maior and Sheriffs of London have Tables most days of the week fit to entertain Kings . Now , touching the Royal Court , which may be calld the Epitome of the whole Country , Ther is no King whatsoever lives in that height of magnificence and plenty . Ther was communibus annis servd in kind in provisions for his Majesties house by way of composition , 3790 quarters of Wheat ; 1493 Oxen fat and lean ; 7000 Muttons ; 1231 Veals ; 310 Porks ; 410 Sturks ; 26 Boars ; 320 Flitches of Bacon ; 6820 Lambs ; 40 Barrels of Butter ; 145 dozen of Geese ; Capons cours 252 dozen ; Hens 470 dozen ; Pullets cours 750 dozen ; Chickins cours 1470 dozen ; Wax 3100 weight ; sweet Butter 46640 pounds ; Charcoals 1250 loads ; Talwood , Billets , Faggots , 3950 loads ; Herrings 60 barrels ; Wine-cask from the Vintners 600 Tun , &c. Beer 1700 Tun , &c. This was for the first cours : Now for the second cours innumerable sorts of Fowl and Fish according to the season , which was exactly observd . This made Bodin the great Critique to confess , that considering all things , ther was not a more magnificent and plentiful Court upon earth . Now the riches and fatness of a Country shold be principally seen in the Kings house ; and indeed the greatest glory of England appeers there , as all observing Forreners confess : and nothing conducd more to the continuance , increase and support of his power and honour , and which drew more awe and reverence from all peeple ; all which are so requisit and essential to the prosperity of King and Peeple , as they cannot be wanting , but are and shold be perpetual attendants of the Soverain Prince . Now , this cannot be without the concurrence and service of the Peeple : Now , from all times the English were observd to be industrious , and make it their chief care to provide the best things for the Kings Court ; according to that ancient , and no less eloquent speech of a great Lawyer : Domus Regis vigilia defendit omnium ; Otium Illius labor omnium ; Deliciae Illius industria omnium ; Vacatio Illius occupatio omnium ; Salus Illius periculum omnium ; Honor Illius periculum omnium . The Kings House shold be the watchfulness of All ; His recreations shold be the labor of All ; His plesures shold be the inventions of All ; His safety shold be the danger of All ; His honor the object of All. Now , the greatest cause of the honour and plenty of the Royal Court in England , were the Preemption , Pourvoyances and Compositions he had from evry County , which were so moderat , That they who have cryed them down , thinking it to be a great advantage and ease unto them , will find in time that they were no wiser then the Ass in the Fable ( as a very judicious Gentleman observes ) who thought to make his burden of Sponges the lighter by lying down with them in the water : For those Compositions , considering the smalness of them , and how many went to bear the burden , were scarce any weight at all , as will appeer by those Shires I shall produce for instances . All the thirteen Shires of Wales were chargd but at one hundred and fourscore Sturks , which stood that whole Dominion but in three hundred and threescore pounds , wherof Anglesey , which hath 83 Parishes , payd but 5l . which amounts not to 15 pence evry Parish . The County of Derby , which hath one hundred and six Parishes , payd but 254l . per an . Worcestershire , which hath one hundred and two Parishes , was assessd at 495l . which is about three pounds seven shillings upon evry Parish . Yorkshire , which hath 459 Parishes , besides many large Chapelries , was charged but with 495l . which was not two and twenty shillings upon evry Parish one with another . Bedfordshire , which hath one hundred and sixteen Parishes , payed four hundred ninety seven pounds eight shillings four pence . Cheshire , having sixty eight Parishes , was to furnish but 25 lean Oxen at the Kings price , viz. four marks a piece , &c. with other things , which came not to one pound nine shillings upon evry Parish . Cornwal , having an hundred and sixty Parishes , did not bear so great a contribution as eight shillings upon evry Parish . The County of Devon , which hath three hundred ninety four Parishes , paid no greater sum for evry yearly composition then ten shillings upon every Parish . Herefordshire , having one hundred seventy six Parishes , made evry one to contribut no more then about twelve shillings six pence upon every Parish . The huge County of Norfolk , which hath 660 Parishes , payd but one thousand ninety three pounds two shillings and eight pence ; which in proportion comes not to one pound eleven shillings upon evry Parish . Somersetshire , which hath 385 Parishes , payd seven hundred fifty five pounds fourteen shillings eight pence , which amounts to about 40 s. a Parish . The County of Northampton , which contains 326 Parishes , payd towards Pourvoyance and Composition nine hundred ninety three pounds eighteen shillings four pence ; which was for evry Parish little more then three pounds . Lincolnshire , which hath 630 Parishes , payd one thousand one hundred seventy five pounds thirteen shillings and eight pence ; which amounted to less then forty shillings a Parish . Glocestershire , which hath 280 Parishes , payd four hundred twenty two pounds seven shillings and eight pence ; which was not one pound eleven shillings per Parish . Ther be other Counties , by reason of their vicinity to the Court , and being very great gainers for the vent of their commodities by the Kings constant Residence , with his Tribunals of Justice in his Imperial Chamber of London , were chargd deeper ; as , The County of Kent , which hath 398 Parishes , And is the common road of Ambassadors passing to and fro , as also where his Arsenals , Docks and Navie Royal lies , with four of his Cinq Ports , &c. payd three thousand three hundred thirty four pounds and six shillings . The County of Sussex , which hath 112 Parishes , payd one thousand and sixteen pounds two shillings and six pence . The County of Surrey , having 140 Parishes , payd one thousand seventy nine pounds and three pence . Hertfordshire , which hath one hundred and twenty Parishes , payd one thousand two hundred fifty nine pounds nineteen shillings four pence . The County of Essex , having 415 Parishes , for her neighbourhood to London and the Court , payd two thousand nine hundred thirty one pounds two shillings and two pence . The County of Buckingham , which hath 185 Parishes , payd two thousand and forty pounds sixteen shillings and six pence . Berkshire , having 140 Parishes , payd one thousand two hundred and fifty five pounds seventeen shillings and eight pence . The County of Middlesex , which hath 73 Parishes besides what are in the Suburbs of London and Westminster , paid nine hundred seventeen pounds nineteen shillings per an . which was no great matter in point of proportion to the rest of the Counties , In regard of the great advantages this Shire hath by the propinquity and residence of the Kings Court , And so by letting and setting of Lands , Pasturages , Houses , Lodgings at highet rates , with the improving the prices of all other commodities . The City of London , which hath such mighty benefits by the constant sojourn of the King , and of his principal Courts of Justice at Westminster-Hall , by the Records in the Tower , by the Inns of Court and Chancery , with variety of other advantages , as the Kings Custom-House , wherby she is swoln up to be so vast in Building , and to such infinit Rich●…s , that she swallows up the Trade of all the three Kingdoms ; yet for all these advantages , she with the out-parts did contribut in Grocery ware for the service of the Kings House but about 2000 l. per annum . Nor did the Kings Brewers in London , and four miles compass about , pay but one half ▪ peny in every Bushel of Mault ; which is now remitted : And what an inconsiderable small ease it is to so many Brewers , let any man judge . Out of the Premises touching Compositions for Pourvoyances , this inference may be drawn , what a care and love our provident and prudent Progenitors bore to the honor of their King , his Court , and Houshould ; And under favor I may say that these Royal Pourvoyances , and his tenures in Capite , were two of the fairest flowers in the English Crown , in lieu wherof it may be sayd ther is set in an ear of barly , with a Chimney - Wallflower ; ther is froth and fume given in exchange , which doth so much sully the luster of it : for , as I intimated before , the state and plenty of the Court was accounted the greatest glory of the Crown of England , as Forren Authors of most Nations do acknowledg in their public Writings . Now , wheras some do affirm that the yeerly benefit of the Excise doth make a full compensation for the Court of Wards , and tenures in Capite , out of which ther was also computed fifty thousand pounds yeerly towards the Diet at Court , It is too well known that the said Excise doth not make the King any Equivalent satisfaction for his Tenures alone ( if well managd ) much less for his Pourvoyances , Preemptions and Carriages : For ther was an exact account made by his Majesties special command , of the last yeers expence , that ther were Seventy three thousand six hundred and seven pounds fourteen shillings and seven pence spent more in the Court-diet , and provision of the Stables , then were in the time of Pourvoyance , besides the extraordinary charge of Carriages for his Removes , and Navy Royal. Now , in expending those provisions that were servd into the Court by way of Pourvoyance and Composition , ther was the greatest care and Oeconomical good husbandry usd that possibly could be : for when ther were more Beefs and Muttons with other provisions servd in then the Court wanted , The faithful Officers of the Green-cloth caused them to be Sould , and with the moneys arising thence they were commonly usd to buy Napery , and other Houshold-things for the service of the Kings House , as also in paying the arrears of som of his Servants wages with the surplusages . But now that we dance after the French Fiddle so fast , as we always did so for the back , and now begin to follow him also in things relating to the Belly , by Board-wages , &c. I wish the time may not come that we do not follow him too farr ; As that one cannot put a grain of Salt in his pot unless he buy it of the King , wherby , in making Salt his own Commodity , the French King raiseth by the meer Gabel which ariseth thence above 20 millions of Livres evry yeer , which is two millions Sterling ; which sum is twice more then the King of Great Britain hath from all Incoms whatsoever , as Crown-lands , Customes and Imposts , Excise and Chimney-money , with other perquisits and casualities : And as the French thus cannot put a grain of Salt in his pot , so the Spaniard cannot put a corn of Peper into his Olla unless he hath it from the King ; Nor can he buy a pair of Cards or Dice to pass away the time withal , unless he hath them of the King ; Nay , he cannot buy half a sheet of Paper to write either Bond or Bill , Acquittance or Receit , or other legal Instrument , but he must buy all of the King ; Which adds millions to his yeerly Revenues : yet the peeple of Spain are cryed up for a free peeple . But touching the Imposition of Excise ( which is given the King for his Royal Tenures , and House-keeping ) I well remember the time , that Excise was held such an abominable word , that my Lord Carleton but only for naming it once in the Parlement-House , ( yet to no ill meaning at all ) was violently cryed to the Bar ; and , though a person of that eminence , as being then a Privie Counsellor , and principal Secretary of State , he hardly escapd being committed to the Tower. The Excise was then calld the Dutch Devil , because it came first from Holland , with other fine words , as plunder , storming , &c. which were all made free Denizons of England by that so longd-for Long Parlement . And observable it is , that the first imposing and use of Excise in England was to enable Rebels to make War against their King and Country . Having thus briefly run over the Sumptuary part of the English Court , we will now proceed to the Servants and Officers , to the Attendance and State thereof , which comes not behind any other Court whatsoever : And this might be the ground of that ancient Proverb in England , and nowhere els , There is no Fishing to the Sea , nor Service to the Kings . The Court is the randevous of Vertu , of Cadets , and persons well qualified : It is the Scale by which they rise , the King being the fountain of Honour , as well as of Bounty . But before we come to speak of the Officers at Court , and of their Diet and Bouche , which by a pitiful corruption is vulgarly calld budg , wheras it is bouche a mouth ; therfore it is a French phrase , Il a bouche à la Cour , He hath a mouth at Court , viz. he hath a Diet : I say , before we come to speak of the Dishes and Diet at Court , let the Reader take this small Advertisement in the way , that evry Dish at Court was computed to cost the King viis & modis at the years end 100 l. a dish : But now since the Preemption and Pourvoyance is taken away , evry dish doth stand in four times as much , at least . The Kings Court or Houshold . The Lord Great Chamberlain and Earl Marshal are rather Officers of State , and as it were extraneous in relation to the Houshold : so , in a manner , are the four Officers of the Crown who use to have Houses abroad , viz. The Lord Chancellor or Keeper of the Great Seal of England . The Lord high Tresurer . The Lord Privie Seal . The Lord high Admiral . But the properst Domestick Officers are as follow , viz. The Lord Steward of the Houshold , who hath allowed him evry day besides his Fee — 32 dishes . The Tresurer of the Houshold 32 dishes ; and besides his table he hath a Fee of — 123 l. 14 s. 4 d. The Controuler , besides thirty two dishes a day , hath a Fee of — 167 l. 17 s. 4 d. The Cofferer , besides his Table , hath — 100 l. The principal Secretary of State hath besides his Table — 100 l. The Secretary for the Latin Toung , Fee — 40 l. The Secretary for the French Toung , Fee — 66 l. 13 s. 4 d. The Clerks of the Signet , Fee every one — 40 l. Four Clerks of the Privie Council , Fee evry one — 50 l. Clerk of the Council in the Star-chamber , Fee — 26 l. 13 s. 4 d. Two Clerks of the Parlement , Fee The first , — 40 l. Two Clerks of the Parlement , Fee The second , — 10 l. Clerk of the Market , Fee — 20 l. Post-master , Fee — 20 l. Thirty standing Posts appointed by the Post-master , evry one Fee — 18 l. 5 s. Two Carriers To one — 24 l. 3 s. 4 d. Two Carriers To the other — 12 l. Officers above Stayrs . Lord Chamberlain of the Houshold , besides his Table of thirty two dishes a day , hath a Fee — 100 l. The Groom of the Stole , who is always a Gentleman of the Bed-chamber , hath evry day — 32 dishes . Vice-chamberlain , Fee — 100 Marks . Knight-Marshal , Fee — 100 Marks . The Gentlemen of the Privie Chamber , whose number is indefinite , Fee evry one — 50 l. Three Gentlemen-Ushers of the Privie Chamber — 30 l. Ten Grooms of the Privie Chamber , Fee apiece — 20 l. Four Carvers , Fee evry one — 50 Marks . Three Cup-bearers , Fee evry one — 50 Marks . Four Sewers , Fee evry one — 50 Marks . Four Escuyers of the Body , Fee evry one — 50 Marks . Four Yeomen-Ushers , Fee evry one — 9 l. 2 s. 6 d. Twelve Ordinary Grooms , Fee evry one — 2 l. 13 s. 4 d. Four Pages , Fee evry one — 2 l. Clerk of the Closet , Fee evry one — 4 l. Four Messengers , Fee evry one — 5 l. The Band of fifty Gentlemen-Pensioners , Fee for evry one — 50 l. Standard-bearer to the Pensioners , Fee — 100 Marks . The Guard. Captain of the Guard , fee besides a Livery-Gown — 14 l. Two hundred ordinary Yeomen of the Guard , Fee — 16l . 13s . 4d . Fifty extraordinary , 8 d. per diem — 1 l. 13 s. 4 d. Standard-bearer to the Guard , Fee — 100 Marks . Clerk of the Check , fee — 100 Marks . The Great Wardrobe . The Master , his fee — 100 l. Livery — 15 l. Two Clerks , fee each — 4 l. 6. 8 d. Rent-gatherer , fee — 5 l. 0 s. 8 d. Four Taylors , fee evry one — 9 l. 2 s. 6 d. Skinner , fee — 18 l. 5 s. 0 d. Three Embroderers , fee evry one — 18 l. 5 s. 0 d. The Butlary of England . Chief Butler , Fee — 50 Marks . The Counting House . Four Clerks , fee evry one — 44 l. 6 s. 8 d. Clerk to the Cofferer , fee — 20 l. Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Iewel-House . Master , his fee — 50 l. Yeoman , his fee — 6 l. Groom , his fee — 2 l. 13 s. 4 d. The Green-cloth . I should have spoken before herof in point of precedence , It being a Court of Justice continually sitting in the Kings Palace ; The chiefest wherof are the Lord Steward , the Tresurer , the Controwler , and Cofferer , the Master of the Houshold , two Clerks of the Green-cloth , and two Clerks Controwlers . Of these , the first three are usually of the Privy-Council ; For unto This , being as some hold the first and ancient Court of Justice in England , is committed the Charge and surintendency of the Kings Court Royal for matter of government . It is called the Green-cloth , from the colour of the Carpet at which they sit , wheron the Kings Arms are embrodered , and on each side the Arms of the Counting House bearing verd , a Key and a Rod or white Staff argent saultie , signifying their power to reward or correct , as persons for their great prudence and experience thought fit to exercise both those functions . The Robes . Yeoman , fee — 50 l. Groom , fee — 2 l. 13 s. 4 d. Page , fee — 2 l. Harbingers . Knight-Harbinger , fee — 50 l. Four Harbingers , fee evry one — 10 l. Thirty Yeomen of the Crown , fee evry one — 6 l. 1 s. 8 d. The Beds . Five Marshals , fee evry one — 11 l. 8 s. 1 d. ob . Four Sewers , fee evry one — 11 l. 8 s. 1 d. ob . Two Survayors , fee evry one — 11 l. 8 s. 1 d. ob . Two Yeomen , fee evry one — 5 l. Clerk , fee — 14 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Pantry . Sergeants fee — 11 l. 8 s. 1. ob . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. Bread-bearer , fee — 1 l. 10 s. 4 d. The Boteller . Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Hall. Servitors sixteen , to four , fee — 3 l. 8 s. 4 d. To the rest — 2 l. 13 s. 4 d. The Buttry . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Cellar . Sergeant , fee — 11 l. 8 s. 1 d. ob . Seven Yeomen , fee evry one — 5 l. Groom , fee — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Ewry . Sergeant , fee — 11 l. 8 s. 1 d. ob Three Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. Three Clerks , fee evry one — 11 l. 8 s. 1 d. ob . The Bake-house . Sergeant , fee — 11 l. 8 s. 1 d. ob . Seven Yeomen , fee evry one — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Four Conducts , fee evry one per diem — 4 d. The Kitchin. Two Master-Cooks , fee evry one — 11 l. 8 s. 1 d. ob . Six Yeomen , fee evry one — 5 l. Six Grooms , fee evry one — 2 l. 13 s. 4 d. Eight Children , fee evry one — 2 l. Galapines , apparel for them of the Hall , Kitchin , and Privie Kitchin — 50 l. Surveyor of the Dresser , fee — 22 l. 1 s. 3 d. To the Cooks at Easter in Larges — 6 l. 13 s. 4 d. To the Scullery , Larges — 1 l. To the Pastry , Larges — 2 l. The Spicery . Clerk , fee — 32 l. Yeoman , fee — 5 l. The Pitcher-House . Two Yeomen , fee evry one — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Chaundlery . Sargeant , fee — 11 l. 8 s. 1 d. ob . Two Yeomen , fee each — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Larder . Sergeant , fee — 11 l. 8 s. 1 d. ob . Yeoman , fee — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Boyling House . Two Yeomen , fee evry one — 5 l. Three Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee — 2 l. Clerk , fee — 6 l. 13 s. 4 d. The Neatery . Yeoman-Pourvoyer of Salt Fish , fee — 40 l. Yeoman-Pourvoyer of Fresh Fish , fee — 7 l. 13 s. 4 d. Seven Yeomen-Pourvoyers of Oxen , Mutton , Veal , Lamb , &c. fee evry one — 7 l. 13 s. 4 d. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Yeomen of the Store-house , fee — 5 l. The Poultry . Sargeant , fee — 11 l. 8 s. 1 d. ob . Clerk , fee — 6 l. 13 s. 4 d. Four Yeomen-Pourvoyers , fee evry one — 7 l. 13 s. 4 d. The Scalding House . Yeoman , fee — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Pastry . Two Sergeants , fee each — 11 l. 8 s. 1 d. ob . Clerk , fee — 6 l. 13 s. 4 d. Two Yeomen , fee each — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Four Children or Pages , fee evry one — 2 d. The Scullery . Three Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. Amners . Gentleman-Amner , fee — 11 l. 8 s. 1 d. ob . Sub-Amner , fee — 6 l. 16 s. 10 d. ob . Four Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Chappel . Gentlemen of the Chappel , fee apiece — 11 l. 8 s. 1 d. ob . Master of the Children , his fee — 40 l. To the Children at high-Feast-Largesses — 9 l. 13 s. 4 d. Allowance for their Breakfasts — 16 l. The Laundry . Two Yeomen , fee each — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. One Woman-Laundress , fee — 10 l. The Wafry . Clerk , fee — 6 l. 13 s. 4 d. Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Wood-yard . Sergeant , fee — 11 l. 8 s. 1 d. ob . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. Two Wood-bearers , Largess to them at Midsummer , and to the Grooms of the Kings Hall — 5 l. Six Porters and Scowrers , Largess at Easter — 5 l. Porters of the Kings Gates . Three Yeomen , fee evry one — 5 l. Three Grooms , fee evry one — 2 l. 13 s. 4 d. Master of the Horse . Besides thirty two Dishes per diem , fee — 100 l. In whose gift are , the chief Avenor , fee — 40 l. Fourteen Escuyers , fee evry one — 20 l. Clerk of the Stable , fee — 16 l. 14 s. 7 d. Three Survayors , fee evry one — 16 l. 14 s. 7 d. Sergeant of the Carriages , fee — 22 l. 16 s. 3 d. Six Riders , fee evry one — 30 l. Sixteen Foot-men , fee evry one — 20 l. Eight Coach-men , fee evry one — 18 l. 5 s. Yeoman of the St●…rrop , fee — 13 l. 13 s. Three Sadlers , fee evry one — 9 l. Six Litter-men , fee evry one — 10 l. Four Yeomen-Pourvoyers — 12 l. 10 s. Three Yeomen-Granators — 13 l. Yeomen of the Male , fee — 12 l. 13 s. 4 d. Sargeant-Ferrier , fee — 20 l. 15 s. 8 d. Three Yeomen-Ferriers , fee — 9 l. Yeoman-Bittmaker , fee — 6 l. 1 s. 8 d. Yeomen of the close Cart , fee — 12 l. 8 s. 1 d. ob . Sixty four Grooms , fee evry one — 18 l. 5 s. The Tents . Master , fee — 30 l. Controuler , fee — 12 l. 3 s. 4 d. Clerk , fee — 13 l. 6 s. 8 d. Keeper of the Tents , fee — 10 l. Yeoman , his fee — 9 l. 2 s. 6 d. Groom , his fee — 5 l. Revels . Master , fee — 100 l. Yeoman , fee — 9 l. 2 s. 6 d. Four Masters of the Requests , fee a piece — 100 l. Hunting . Master , fee — 18 l. 5 s. Sargeant , fee — 11 l. 8 s. 1 d. ob . Officers and others serving under the Master , Wages and Allowance for them — 113 l. 6 s. 8 d. Harriers . Master , fee — 18 l. 5 s. Officers and others subservient to the said Master , Wages and Allowance for them — 79 l. 1 s. 8 d. Otter-hounds . Master , fee — 13 l. 6 s. 8 d. Buck-hounds . Master , 12 d. per diem for himself , and to sundry Hunters serving at his appointment — 50 l. Two Sargeants , fee each — 20 l. Two Yeomen-Prickers , fee each — 9 l. 2 s. 6 d. For meat for the Hounds to the Grooms — 13 l. 6 s. 8 d. Musicians and Players . Sargeant-Trumpeter , fee — 40 l. Sixteen Trumpeters , fee evry one — 24 l. 6 s. 8 d. Two Luters , fee evry one — 40 l. Two Harpers , fee evry one — 19 l. 5 s. Eight Singers , fee evry one — 6 l. 13 s. 4 d. Allowance to six Children for Singing — 50 l. Rebeck , fee — 28 l. 6 s. 8 d. Nine Minstrels — 151 l. 15 s. 4 d. Six Sackbutts , fee evry one — 24 l. 6 s. 8 d. Eight Viols , fee evry one — 20 l. Three Drumsteds , fee evry one — 18 l. 5 s. Two Players on the Flute , fee a piece — 18 l. 5 s. Two Players on the Virginals , fee a piece — 30 l. Seven Musician-strangers — 183 l. 6 s. 8 d. Eight Players of Enterludes , fee evry one — 3 l. 6 s. 8 d. Two Makers of Instruments , fees — 30 l. Surgeons . Two Surgeons , fees between them — 60 l. Two other , fees to both — 40 l. Two more , fees between them — 20 l. Three Physicians , fees evry one — 100 l. Three Apothecaries , fee evry one — 26 l. 13 s. 4 d. Astronomer , fee — 20 l. The Kings Barge . Master , fee — 16 l. 8 s. 1 d. Twenty five Water-men for the Barge , one — 8 l. 1 s. 8 d. Another — 6 l. 1 s. 8 d. The rest evry one — 2 l. Artificers . Stationer , fee — 26 l. 6 s. 8 d. Printer , fee — 4 l. Cutler , fee — 6 l. 1 s. 8 d. Weaver , fee — 9 l. 2 s. 6 d. Wheelwright , fee — 18 l. 5 s. Crossbow-maker , fee — 6 l. 1 s. 8 d. Coach-maker , fee — 10 l. Clock-maker , fee — ●…8 l. 5 s. Budget-maker , fee — 6 l. 1 s. 8 d. Feather-dresser , fee — 13 l. 6 s. 8 d. Lock-smith , fee — 2 l. 13 s. 4 d. Arrowhead-maker , fee — 6 l. 1 s. 8 d. Buckler-maker , fee — 3 l. 0 s. 8 d. Handgun-maker , fee — 24 l. 6 s. 8 d. Graver of Stones , fee — 20 l. Sargeant-Painter , and others under him — 100 l. Arbour-maker , and Planters of Trees — 25 l. 10 s. Stillers of Waters , fee — 40 l. Bowyer and Fletcher , fee a piece — 9 l. 2 s. 6 d. Clock-keeper , fee — 12 l. 13 s. 4 d. Keeper of the Libraries — 13 l. 6 s. 8 d. The Kings Works . Surveyor , for himself , one Clerk , Boat-hire , and Riding-charges — 142 l. 19 s. 2 d. Controuler of the Works , fee — 18 l. One Clerk , fee — 9 l. 2 s. 6 d. Clerk of the Engrossment of the pay-book — 18 l. 5 s. Pourvoyor , fee with charge of a horse — 18 l. 5 s. Paymaster , fee 12 d. per diem — 18 l. 5 s. Keeper of the Store-house , fee — 11 l. 8 s. 1 d. Clerk of the Check , fee 10 d. per diem — 15 l. 4 s. 2 d. Clerk of the Controulment — 10 l. 12 s. 11 d. Carpenter , fee per diem 12 d. — 18 l. 5 s. Plummer , fee per diem 12 d. — 18 l. 5 s. Mason , fee per diem 12 d. — 18 l. 5 s. Joyner , fee — 19 l. 9 s. Glasier , fee — 36 l. 10 s. Survayor of the Mines , fee — 36 l. 10 s. Devisor of the Buildings , fee — 36 l. 10 s. Kings at Arms and Heralds . Garter Principal King at Arms , fee — 40 l. Clarencieux King at Arms , fee — 30 l. Norroy King at Arms , fee — 20 l. Kings Heralds seven , fee evry one — 13 l. 6 s. 8 d. Poursuyvants at Arms four , fee apiece — 10 l. Sargeants at Arms twenty five , fee evry one — 18 l. 5 s. Standard-bearer , fee — 100 l. Banner-bearer , fee — 100 l The Admiralty . Lord High Admiral of England , fee — 300 Marks . Vice-Admiral , fee — 100 Marks . Two Clerks fee of the one — 18 l. 5 s. Two Clerks fee of the other — 15 l. 1 s. 8 d. Boat-hire upon all occasions — 10 l. Riding-charges during his travel , per diem — 10 s. Tresurer of the Navie , fee — 100 Marks . Two Clerks , fee 8 d. per diem — 24 l. 6 s. 8 d. Riding-charges upon occasion per diem — 6 s. 8 d. Master of the Ordnance , fee — 100 Marks . Three Clerks , fee among them per diem — 3 s. 4 d. Boat-hire upon all occasions — 8 l. Riding-charges per diem — 6 s. 8 d. Controuler of the Navie , fee — 50 l. Two Clerks , each per diem — 8 d. Boat-hire — 8 l. Riding-costs per diem — 4 s. Survayor , fee — 40 l Two Clerks , each per diem — 8 l. Riding-co●…ts per diem — 4 s. Boat-hire upon all occasions — 8 l. Clerk of the Ships , fee — 33 l. 6 s. 8 d. Boat-hire upon all occasions — 6 l. Riding-costs per diem — 3 s. 4 d. Clerk of the Store-house at Deptford , fee — 33 l. 13 s. 4 d. One Clerk subservient — 6 l. Pilot , fee — 20 l. Victualler of the Navie , fee — 58 l. One Clerk , per diem — 8 d. Riding-costs per diem — 5 s. The Ordnance . Master of the Ordnance , fee — 151 l. 11 s. 8 d. Two Clerks one per diem — 10 d. Two Clerks the other — 8 d. Surveyor , fee — 36 l. 10 s. One Clerk , per diem — 8 d. Riding-costs per diem — 6 s. Lieutenant of the Ordnance , fee — 100 Marks . One Clerk , per diem — 8 d. Boat-hire upon all occasions — 8 l. Riding-costs — 0 s. 0 d. Keeper of the great Store , fee — 40 l. Clerk , per diem — 8 d. Riding-costs — 0 s. 0 d. Keeper of the small Store , fee — 40 Marks . Riding-costs — 0 s. 0 d. Clerk of the Deliveries , fee — 20 l. Master-Gunner of England , fee per diem — 2 s. 6 d. 〈◊〉 - maker , fee per diem 12 d. — 18 l. 5 s. Saltpe●…er-maker , fee — 18 l. 5 s. Two Gun-founders — 33 l. 9 s. 2 d. Gun-smith , fee 6 d. per diem — 9 l. 2 s. 6 d. Engin-Artificer , fee per diem 4 d. — 6 l. 1 s. 8 d. Master-Carpenter , fee per diem 8 d. — 12 l. 3 s. 4 d. Ordinary Gunners or Cannoneers , one hundred and nine , fee — 1161 l. 18 s. 4 d. Yeoman of the Ordnance , fee per diem 9 d. — 13 l. 14 s. 1 d. The Tower of London . Constables fee — 100 l Lieutenants fee — 200 l. Porters fee — 9 l. 2 s. 6 d. Yeomen-Waiters or Warders , fee — 9 l. 2 s. 6 d. Allowance for Fuel — 6 l. 13 s. 4 d. Keeper of the Lions , &c. fee — 36 l. 14 s. 6 d. Carpenter , fee — 12 l. 3 s. 4 d. Keeper of the Wardrobe , fee — 12 l. 13 s. 4 d The Armary . Master of the Armary , fee — 31 l. 18 s. 9 d. Armarers under the Master , twenty , one at — 36 l. Five , evry one at — 20 l. Three , evry one at — 15 l. The rest evry one at — 9 l. 2 s. 6 d. The Mint . Master , or Tresurer of the Mint , fee — 100 l. Controuler of the Mint , fee — 100 Marks . Assay-master , fee — 100 Marks . Clerk of the Mint , fee — 10 l. Auditor of the Mint , fee — 44 l. 6 s. 8 d. Allowance for Paper , 〈◊〉 , and other necessaries — 10 l. Teller of the Money , fee — 33 l. 6 s. 8 d. Survayor of the Melting-house , fee — 26 l. 13 s. 4 d. Clerk of the Irons , fee — 13 l. 6 s. 8 d. Chief Graver , fee — 30 l. Chief Finer , fee — 10 l. Sinker of Irons , fee — 10 l. Three Melters , fee evry one — 13 l. 6 s. 8 d. Two Branchers , fee evry one — 13 l. 6 s. 8 d. Pourvoyer , fee — 10 l. Pot-maker , fee — 10 l. Porter , fee — 10 l. Diet to all these Officers by the week — 1 l. 10 s. The high Court of Chancery . Lord Chancellor , or Lord Keeper of the Great Seal of England , fee per diem 23 s. — 419 l. For his attendance in the Star-chamber — 200 l. More by name of Annuity — 300 l. Robes out of the Wardrobe — 40 l. Wine out of the Butlery twelve Tuns — 72 l. Wax out of the Wardrobe — 17 l. Sum. allocat . per an . — 1048 l. Master of the Rolls , fee — 34 l. 15 s. 8 d. Livery out of the Hamper — 28 l. 8 s. 4 d. Masters of the Chancery , fee apiece — 6 l. 13 s. 4 d. Clerk of the Crown , fee — 20 l. Livery for Summer and Winter — 26 l. 13 s. 4 d. Protonotary , fee — 33 l. 13 s. 4 d. Clerk of the Hamper , fee — 43 l. 13 s. 4 d. Annuity — 40 l. Livery for himself and his Clerk — 6 l. 13 s. 4 d. Controuler of the Hamper , fee — 10 l. Enrollers of Evidences , fee — 20 l. Seal , fee — 6 l. 16 s. 10 l. Livery — ●…0 s. Sargeant at Arms , fee — 18 l. 5 s. Cryer , Fee and Livery — 7 l. 16 s. 10 d. Chafer of Wax — 7 l. 6 s. 7 d. Necessary charges of Wax , Parchment , Paper , Riding Coats , and other yearly Expences — 220 l. The Privie Seal . Lord Keeper of the Privie Seal , fee per diem — 1 l. Allowd for his Table at Court — 345 l. Clerks of the Privie Seal , fee apiece — 50 l. Four Masters of the Requests , fee apiece — 100 l. The Kings Bench. Lord Chief Justice of the Kings Bench , who holds his place onely by a short Writ , not by Patent as others do , for his Fee , Reward and Robes — 208 l. 6 s. 8 d. Wine two Tuns — 10 l. Allowance for Justice of Assize — 20 l. To three Justices assistants , Fee , Reward , and Robes apiece — 128 l. 6 s. 8 d. Allowance to evry one as Justice of Assize — 20 l. Clerk of the Crown , fee — 10 l. Livery out of the Wardrobe — 6 l. 13 s. 4 d. Protonotary , fee — 26 l. 13 s. 4 d. Keeper of the Writs and Rolls , fee — 8 l. Cryer , fee — 6 l. 13 s. 4 d. The Common Pleas. Lord Chief Justice of the Common Pleas , Fee. Reward and Robes — 141 l. 13 s. 4 d. Wine out of the Butlery , two Tuns — 8l . Allowance for keeping the Assize of the Augmentation-Court — 12l . 10s . Allowance for Justice of Assize — 20l. Three coadjutant Justices , Fee , Reward and Robes to evry one — 128l . 6s . 8d . Allowance for being Justices of Assize — 20l. Attorney-General , fee — 61l . Allowance for being Justice of Assize — 20l. Sollicitor-General , fee — 50l . Keeper of the Writs and Rolls , fee — 4l . Four Sargeants at Law , to each Fee , Rewards and Robes — 26l . 6s . 8d . Allowance as Justice of Assize — 20l. Allowance for keeping the Assizes of the Court of Augmentations — 12l . 6s . 8d . Cryer , fee — 5l . Chief Officers of the Kings Revenues , and of the Exchequer . The Lord High Tresurer of England , fee — 368l . Robes out of the Wardrobe — 15l . 7s . 8d . Wine so many Tuns Impost free — 0l . 0s . 0d . Allowance for Diet — 0l . 0s . 0d . Chancellor of the Exchequer , fee — 113l . 6s . 8d . Livery out of the Wardrobe — 12l . 17s . 4d . Tuns of Wine Impost free — 0l . 0s . 0d . Officers of the Exchequer-Court . Lord Chief Baron , fee — 100l . Livery out of the Wardrobe — 12l . 17s . 4d . Allowance for being Justice of Assize — 20l. Tuns of Wine Impost free — 0l . 0s . 0d . The Barons of the Exchequer , to each fee — 46l . 13s . 4d . Livery out of the Wardrobe — 12l . 17s . 4d . Allowance for being Justices of Assize — 20l. Other Officers of the Exchequer . The Kings Remembrancer , fee — 55l . 17s . 4d . Livery out of the Wardrobe — 4l . 12s . 4d . The Lord Tresurers Remembrancer , fee — 46l . 2s . 1d . Livery out of the Wardrobe — 2l . 13s . 4d . Clerk of the Pipe , fee — 65l . 4s . 2d . Livery , &c. — 2l . 13s . 4d . Under-Tresurer of the Exchequer , fee — 73l . 6s . 8d . Livery , &c. — 4l . 6s . 8d . Seven Auditors , fee evry one — 10l . Forren Opposers , fee — 16l . 13s . 4d . Clerk of the Extreats , fee — 15l . Clerk of the Pleas , fee — 5l . Clerk of the Summons , fee — 4l . Two Marshals , fee apiece — 4l . Two Deputy-Chamberlains , fees apiece — 2l . 10s . Two Secondaries in the Kings Remembrancers Office , fee evry one — 8l . Two Secondaries in the Pipe-Office , fee — 5l . Four Secondaries in the Tresurers Remembrancers Office , fee evry one — 4l . Clerks of the Tallies , fee evry one — 17l . 10s . Clerk of the Pell , fee — 17l . 10s . Four Tellers , fee evry one — 13l . 13s . 4d . Clerk in the Pipe-Office for offring Amercements , fee — 9l . 13s . 4d . Clerk in the Office of the Kings Remembrancer , fee for writing the Fines , Issues and Amercements due to the King evry year — 15l . 6s . 8d . Clerk in the Office of the Tresurers Remembrancer , fee for offering the Amercements — 6l . Clerk in the Office of the Pleas , fee — 3l . The four Ushers of the Court of Exchequer for their fees , in delivery of Processes , and for Paper , Wax , and other necessaries by them provided , and bought for the Officers of the Court amongst them — 140l . Four Porters , Livery to evry one — 4s . Two Joyners for Tallies , fees apiece — 10l . Two Deputy-Chamberlains to write the controulment of the Pell , fees apiece — 6l . One Clerk to write the Tallies of Controulment , fee — 9l . One Porter of the Baggs , and Keeper of the Tresure-House-Keys , fee — 6l . 6s . 8d . Four Messengers , fee per diem — 4d . ob . The Grooms of the Receits fee by Rewards and Allowances — 2l . To the Tresurers , and Chamberlains Officers , allowd for Parchment — 6l . Three Ushers of the Receits , Fees , for Diet , Wax , Paper , Parchment , &c. — 60l . The Court of First-fruits and Tenths . Chancellor , fee — 200 Marks . Diet-money — 100l . Hire for a house for himself , and for the Records — 9l . Tresurer , fee — 20l. Diet-money — 10l . House-rent — 10l . A Deputy — 4l . A Clerk — 6l . 13s . 4d . Attorney , fee — 26l . 13s . 4d . Auditor , fee — 20l. Diet-money — 51l . 10s . One Clerk — 6l . 3s . 4d . Other Allowances and Expences . Clerk of the Court , fee — 40l . Keeper of the Records , fee — 20l. Messenger , fee — 2l . 10s . 7d . Allowance — 13l . 6s . 8d . Usher , fee — 2l . 10s . 7d . Allowance — 3l . 6s . 8d . The Dutchy of Lancaster . Chancellor , and Allowance with 4l . for Paper , Ink and Parchment — 142l . 16s . Survayor , Fee , and Allowance — 66l . 13s . 4d . Attorney , Fee , and Allowance — 38l . 10s . 4d . Clerk of the Court , Fee and Allowance — 27l . 10s . 4d . Messenger , Fee besides Riding costs — 10l . Assistants in the said Court. One Attorney for the Dutchy in the Exchequer , fee — 100l . Attorney likewise in the Chancery , fee — 20l. To the Usher of the Receits in the Exchequer , fee — 20l. Four learned men in the Law retained for Counsel for the said Dutchy , fee evry one — 7l . 6s . 8d . Besides Auditors , Receivers , &c. The Presidential Court in Wales , or the Council of the Marches . Lord President , Diet for himself and Council per an . — 1040l . Divers Counsellors , to some — 100 Marks . To others — 50l . To others — 40l . Secretary , his fee — 13l . 6s . 8d . Atturney , fee — 13l . 6s . 8d . Sollicitor , fee — 10l . Surveyor , fee — 6l . 13s . 4d . Touching the Presidential Court in the North , where ther was usd to be also a Lord President , four of the Learned Counsel , a Secretary and other Officers , the King saves nere upon 2000l . per an . The like sum or therabouts is savd by the Court of Wards , though the loss which the Crown of England hath receavd therby in point of honour by Tenures in Capite , and Royal Pourvoyances , &c. be invaluable ; which makes our next Forren Neighbours in a kinde of jeer ( and the best of their wit lies in jeering ) to say , that all the Noblemen and Gentry of England , since Tenure in Capite was taken away , are become little better then Roturiers , then Yeomen that hold in Soccage . The former Catalog of Court-Officers was delivered to King Iames at his first coming in , And ther may be some alterations since . Now ther is a mighty number of other Officers belonging to the Crown : as Auditors , Receavors , Surveyors , Escheators , Customers ; Governors and Constables of Castles , Keepers of Forts , Points and Bulwarks ; Rangers of Forests ; Keepers of Chaces , Parks and Woods , &c. which wold make a Volume of it self , and is not so proper to the designe of this subject , which aims principally at the Menial and domestick servants attending at Court , though we have bin transported as we went along to other Offices . Out of the premises this result may be drawn , that besides the unparallelld plenty , fatness and hospitality of the English Court in point of provision , and munition de Bouche , as the Frenchman calls it , Ther is no Court in Christendom servd with more punctual attendance and state ; wheras if you cross ore the Chanel , and take a view of the next transmarin Court , one shall see common Laquays , Scullions , and greasie Galopins bring meat to the very rayls of the Kings Table : And touching the Spanish Court , t is so pitifully thin at dinner and supper-time , that one wold think he were in some Monastery of Capuchins : But go to either of their Kitchins , one may break his neck as soon as break his Fast. While I was writing this , a plesant Repartie came into my memory that happend twixt that worthy and warlike British Knight Sir Roger Williams , ( who being General of an English Army in France , Henry the Great confessd to be a better Soldier then himself ) Sir Roger being at an Ordinary in Antwerp , where among others ther was a Spanish Alferez who began to speak much of the dainty Fruits and Salades of his Country , Sir Roger let him go on a good while , and at last answered bluntly , 'T is tru Sir we have not such Lemons , Orenges , and Pomegranats which you have in Spain , but we have in England good Chines of Beef , and Sirloyns of Veal , &c. We have the meat , and you have but sauce for our meat . I will close up this Paragraph with this humble Advertisement ; That it highly concerns the common interest of the English Nation to introduce again , and revive the most ancient and legal usage of his Majesties just rights of Preemption , and Pourvoyance or compositions for them ; Otherwise it is impossible for him to keep a Court any thing sutable to a King of Great Britain . The Eighth Paragraph . Touching the diversity of Nations , and diffring Original Mother-Tongs , with other Dialects , that are under the Dominions of the King of Great Britain : As also , Of the variety of Royal Recreations , number of Palaces , Forests , Chaces and Parks , which belong to the Crown , &c. THe greatest Antiquaries and Linguists that treat of Tongs , and of their Originals , do affirm that ther are eleven Maternal Tongs throughout all Europe , which are 1. the Greek , 2. the Latin , 3. the High-Dutch , Teutonick or German , 4. the Slavonian , which hath two Characters , both a Greek and Dalmatian character , which come neer the shape of the Latin ; Then ther is 5. the British or Welsh Toung ; 6. Irish ; 7. The Bascuence or Cantabrian , which is the reliques of the old Spanish , or Iberian toung ; 8. the Albanian , of a peeple who inhabit about the mountains of Epirus ; 9. the Hungarian , which came into Europe out of Asia with the Huns ; 10. Is that of Finland , neer to which is that of Lapland in the North of Sweden ; 11. Is that of the Cosacks , and Tartars . Of all these the Slavonian is of largest extent ; for it is observed that three and twenty several Nations speak it . Now , The French King hath not one Mother , and pure inde●… Toung spoken in all his Dominions ; they are but dialects , Languages or Speeches derivd from other Toungs : The purest French , which is spoken at Court , and upon the river of Loire , is but a dialect of the Roman or Latin Toung ; so is the Walloon , the Provensal , the Gascoon , the Limosin , and others : That of Bearn is but a Dialect of the Bascuence and Gascon ; That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day . Indeed the King of Spain hath an old Maternal Toung under his Dominions , which is the Cantabrian or Bascuence ; all the rest are but several Idiomes or Dialects derived from the Latin , and inlayd with a multitude of Morisco words . The Castilian , the Portugues , the Catalan , the Valenciano , are Dialects of the Latin . But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions ; which is the British , or old Comraecan Toung ; And the Irish or Hibernian Toung , which are subsistent of themselfs , and have no derivation or affinity at all with any other Toung . Ther are six Dialects also spoken in his Kingdomes ; The English , which is a dialect of the Saxon or high - Dutch ; Ther is the Scotish , which is a sub-dialect of the English ; Ther is the Mankmen , or they of the I le of Man , which is also a sub-dialect of the Welsh . Ther is the Highlander or Redshank , which is a dialect of the British and Irish ; Ther is the Cornish , which is a dialect of the Welsh ; And the Language of Iersey and Gernsey ( the only remains that are left us of Normandy ) which is a dialect of the French. Now , It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs ( reservd yet in his Dominions , and as it were unconquerd ) then his two Neighbour-Kings . Touching variety of Palaces , and change of Royal Mansions , he may compare , if not out-go any of the other Kings : For within half a days journey of London he hath eight several Houses , and divers elswhere ; wheras the French King hath but the Louvre , Fountainbleau , Bois de Vincennes , St. Germain de Laye , and Madrid , a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House , wherinto ther was a low little dore built by the command of the Emperour Charles the fifth , of purpose to make the King stoop when he entred ; which he observing , because he should not bow his head , went in backward , putting in his bum first . The King of Spain hath but his Palace , and La Casa de buen retiro in Madrid ; he hath Aranjuez with the Pardo between Madrid and the Escurial ; where he hath a Royal House , yet it is but a Cantle of a Monastery , t is but the handle of a Gridiron , which that great structure resembles , in memory of the Martyr St Laurence ; Philip the second having bin forced , for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten , where he provd Victorious against the French ; and to perform a Vow he then made , he built the Monastery of Saint Laurence at the Escurial . Now , touching all the foresaid Palaces in France and Spain , Winsore-Castle may compare with any for Magnitude , Majesty and State ; As Sir Thomas Roe , who had bin Ambassador at the great Mogors Court , at the Seraglio of the Gran Senior , at the German Emperours , at the French , Polonian , Danish and Swedish Courts ; I say , Sir Thomae Roe did confidently and knowingly affirm , that Winsor-Castle may not only compare , but have the precedence of all the rest , in point of Grandeur , Majesty , Situation and Stateliness . Moreover , the King of Great Britain hath Lodges , and other places of plesure without number ; In regard of so many Forests , ●…haces and Parks that are annexd to the Crown . Touching Forests , ther is no Potentat on Earth hath so many , I may truly avouch . Now , a Forest is a Franchise of so Princely a tenure , that according to the Laws of England none but the King himself can have a Forest ; if he chance to pass one over to a subject , t is no more Forest , but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of , and punish all Trespasses : A Forest hath her Court of Attachments , or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall . The Hart , the Hind , the Hare , the Bore , and the Wolf , are Forest-beasts ; The Buck , the Doe , the Fox , the Matron , the Roe , belong to a Chace and Park . And all these kind of Recreations the King of Great Britain hath in so many Forests , wherof ther are in England ( besides thirteen Chaces , and seven hundred eighty one Parks ) these whose names follow alphabetically . Forests name . County . 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex . 3. Ashdown . Susses . 4. Bear-Forest . Hamp . 5. Birnwood Buck. 6. Blackmore . Wilt. 7. Blethvay . Radnor . 8. Bowland . Lanc. 9. Braden . Wilt. 10. Buckholt . Hamp . 11. Cantselly .   12. Cardith . Caermar . 13. Chur. Hamp . 14. Charnwood . Leicester . 15. Chul . Wilt. 16. Coidrath . Pembr . 17. Copland . Cumb. 18. Dallington Suff. 19. Dartmore . Devon. 20. Delamere . Chesh. 21. Dene . Gloc. 22. Dereford . Salop. 23. Waterdown Suss. 24. Exmere . Devon. 25. Feckenham . Wigorn. 26. The Forest. Cardig . 27. Fromselwood . Somers . 28. Gaiternack . Wilt. 29. Gautry . Ebor. 30. Gillingham . Dors. 31. Hatfield . Essex . 32. Harwood . Salop. 33. Haye . Heref. 34. Holt. Dors. 35. Huckstow .   36. Inglewood . Cumb. 37. Knaresburg . Ebor. 38. Kings wood . Gloc. 39. Knuckles . Radnor . 40. Leicester . Leicest . 41. St. Leonards . Suss. 42. Lounsdale .   43. Lowes . Northumb. 44. Lune . Ebor. 45. Leyfield . Rutl. 46. Mallerstang . Westm. 47. Mocktry . Salop. 48. Narborth . Pemb. 49. Neroch . Som. 50. New Forest. Hamp . 51. New Forest. Ebor. 52. Peak . Derb. 53. Pewsham . Wilt. 54. Pickring . Ebor. 55. Radnor . Radnor . 56. Roscob . Card. 57. Rockingham . Northam . 58. Sapler .   59. Savernack . Wilt. 60. Sherwood . Notingh . 61. Selwood . Som. 62. Saucy . North. 63. Wabridg . Hunt. 64. Waltham . Essex . 65. West Forest. Hamp . 66. Westward . Cumb. 67. Whichwood . Oxf. 68. Winfield . Westm. 69. Whitehart .   70. Whittlewood . Northam . 71. Whitway .   72. Wyersdale . Lanc. 73. Winsore . Bark . 74. Wolmer .   75. Wood. Ebor. 76. Worth. Suss. 77. Wutmer . Hamp . This is the old number of Forests in England ( wherof a few , as Blackmore in Wiltshire , with others , are deforested ) which Forests cannot by the Laws be in any ones hands but the Kings ; and the reason is , because none hath power to grant a Commission for Justice in Eire but the King , which Iustice is to keep a Court evry three yeers once , but the Swainmoot-Court evry one yeer thrice . Forests were at first for the Kings Princely delight , Venery and plesure , meerd with unremoveable marks and boundaries ; And the old Law is , Omnis homo abstinent a Venariis meis super poenam vitae : It was capital to hunt in any of the Kings Forests without leave . Now , if one shold make the Perambulation of all France and Spain , he will not find half the number of Forests in both Kingdoms : And whether this be not a notable advantage to the King of Great Britain in point of Honour , let any unpassionat and sober-minded man determine . The Ninth Paragraph . Touching the Prudential Laws and Constitutions of Great Britain , relating to Prince and Peeple : As also , The Eminence and Variety of Honours which the King can confer , &c. VVHat the Arteries , Nerfs and Cartilages are to the Body Natural , the same are Laws to the Political ; they are the Ligaments of a Kingdom , which connect and tie all sorts of peeple , though of so many different humors , in one Goverment , and under one Souverain head . The Common Law of England , though in some things it differs from the Civil , by which most parts of Europe are governd , yet it hath the rationability and justness , the general notions and aym of the Civil Law , which is to preserve evry one in the possession of his own , and the Souverain Prince in honour , power and Safety . The main quarrel against it , is , that it wants Method , and that it is not reducible to any , or capable to be digested into such a Pandect as the Civil Law is . Wherunto it may be answered , That the Common Law of England hath for its grounds 1. Custome , 2. Iudicial Records , And 3. Acts of Parlement or Statuts . The two later being declarations of the Common or Customary Law of the Land , are methodizd and digested to order , as the book of Statuts , &c. whence the Sheriffs , the Justices of peace , and Constables , with other Officers , may learn their duties , and how to execut their places , and any subject els may know how to keep himself within the bounds of his obedience . But the Common Law of the Land consisting of Cases , Precedents and Judgments , as also of Immemorial and Uninterrupted Municipal Customs , which being no Written Things , Therfore it is no wonder that the professors therof have not bin so curious , to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage ; yet fair Essays are made daily for better retaining the same in memory , by putting particular Cases under general Rules , wherof ther are divers Volums frequently publishd of late yeers . Now , the Laws of England look two ways , either upon the Souverain Prince , or upon the peeple : Touching the later , ther is no Law upon earth so careful and tender of a mans life ( or livelihood ) be he the meanest subject under the Crown , as the Common Law of England is : For wheras in other Countries a single Judge and Witness may take away ones life ( or estate ) wherof the one may be subornd , the other corrupted ; t is not so in England , but besides Witnesses and Judges , ther be two sorts of Iuries , one the Grand Inquest , which consists of twenty four Gentlemen , or able Freeholders , to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court , which upon strict examination they either approve , and transfer to the Court by writing upon the Bill , Billa vera ; or they disallow it by writing Ignoramus . Such causes as they approve , if they concern Life and Death , are further referrd to another Iury to consider of , because the case is of such importance ; but others of lighter moment , are upon their allowance fined by the Bench without more ado , Except the party traverse the Inditement , or chalenge it for insufficiencie , or remove the Cause to a higher Court by a Certiorari , in which two former cases it is referrd to another Jury , and in the later transmitted to a higher ; and presently upon the allowance of this Bill by the Grand Inquest , the party is said to be Indited ; but such as they disallow are deliverd to the Bench , by whom they are forthwith cancelld or torn . The Indited party being to stand afterwards at the Bar , and desiring to be tryed by God and his Country , ther is a Petty Jury empannelld of Twelve , who bear the publick repute of honest men ; and the Law of England is so indulgent of life , that the prisoner may challenge or except against any to such a number ; and withal a Butcher , who is inurd to bloud and slaughter , is incapable by the Law to be a Jury-man for life . So the said Jury , after a strict and painful examination of the Fact , with all the least circumstances therof , deliver their Verdict according to their consciences , wherby the Judg doth acquit or condemn the party according to the quality of the offence : nor can any pecuniary Mulct satisfie for the life of any , as it is in other Countries . And as the Common Law of England is thus so tender of humane life , so it is as cautious , indulgent and careful of the livelihood and propriety of the meanest subject in the Land , which in case of controversie is done also by Jury , and put home to the Consciences of twelve indifferent good men , and not left only to the breast and opinion of any one Judge , be he never so learned , and incorrupt . The English Law likewise favors Widows and Orphans , and the poor have Counsel appointed them gratis , &c. It appeers out of the premisses what a great regard the Common Law of England , the Lex Terrae , hath to the lifes and properties of the peeple in point of Justice . Now in point of Reverence and Loyalty to the Souverain Prince ( which is more pertinent to this disourse ) ther is no Law hath higher regards likewise that way , nor also to his honour and dignity , to his welfare and safety , to his Royal Prerogatives and glory , which Prerogatives intrinsecally stick , and are inherent in the Crown , yet are they , and the Liberties of the Subject determined , and bound by the Law. The Laws of England make the King their Protector ; and reason good , for they are his own Productions , t is he that puts life into them ; They bear such reverence to his person , that in his Presence none can be seizd , or violently layd hands on , or arrested , his very presence being a Protection for the time : He who giveth but a blow to any in his Court , the Law adjudgeth him to loose his Right hand . The Law sayth that the King hath his Title to the Imperial Crown of Great Britain , and to his Kingly Office and power , not as a fiduciary thing conveyed from the peeple , but by inherent birthright , and inalienable heritage immediatly from God , from Nature , and from the fundamental Constitutions of the Land : He hath not only Ius paternum , a paternal power over his subjects , but Ius despoticum & herile : he hath dominion over them , which Dominion is devolvd upon him gratiâ Dei , by Divine dispensation and favour . Ther is no Alleageance or Fealty due to any other power but to the King. The Law is so careful of the sacred person of the King , that it reacheth unto the very thoughts , and restrains them from machination of any evil against him : For the Law says it is Treson to Imagine mischief against the King , much more to attempt , act and execute it . The Common Law of England makes the King the Supreme and independent Governour , And all other persons derive their power and authority from him , either by his Royal Writ , Patent or Commission . The Law presupposeth that he sits not only at the Kings Bench , but in other Courts of Judicature ; for the Writs go , Teste meipso : And because the Law sayth that the King must govern in Mercie and Justice , the sole power of Pardoning is in Him. Moreover , the power of Coinage is only in the King , with the enhancing or decrying the price of money : He is the sole Gran Master of the Mint ; wheras in France others partake with the King in this high Prerogative : Nor doth any Kings Face shine in purer Metal ; for it shines onely in pure Gold and Silver , and that of the finest Standard , Mixture and Allay of any in Europe : wheras I have seen and felt the face of the French King in Copper and Brass , with other mixt mongrel stuff ; As also of the King of Spain's , though he terms himself the Monark of Gold and Silver Mines ; yet the common currant Coyn twixt Merchant and Mechanick is Copper , wherin the Hollander by his cunning hath done him a world of mischief from time to time , by counterfaiting that Copper Coyn , and ●…oysting it in by divers artifices ; as in a ship laden with Lead and Tin , ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils , as also in hollowed Masts , with other inventions ; Insomuch that one time , when all the Vellon or Copper Coin was calld in , and a scrutiny made how much had bin coynd , ther were many millions more found to be brought in , and counterfaited , then had bin stampd in the Kings Mint . By the Common Law of the Land , the King of Great Britain hath three Royal Ensignes which cannot belong to any other : He hath the Crown , the Scepter , and the ( Polemical ) Sword , ( as I have mentiond in another Treatise , and is proper to touch here . ) By the first , He reigns ; by the second he makes Laws ; by the third , viz. the Sword , He protects them . Concerning the Crown , or Royal Diadem , the Laws of England assert , that it descends upon his head by a right Hereditary line , though through d●…vers ancient Royal Races , wherof some were Conquerors . The Crown is His , as much as any mans Cap 's his own ; And ther is no Crown stuck with fairer Flowers , I mean Royal Prerogatives , wherof divers were spoken of before . Concerning the Scepter , it may be calld an Individual Copartner , or a Royal Appendix to the Crown : It doth capacitate the King to Enact Laws : for before his Assent , all the Results and Determinations of Parlement are but Bills ; they may be said to be but abortive things , and meer Embryos ; nay , they have no life at all in them , till the King by his breath infuseth vigour and animation into them ; and the ancient Custom was for the King to touch them with the Scepter , then they are Laws , and have a virtue in them to impose an universal obligation upon all sorts of peeple . Now , it is an undeniable Principle of the Law of England , That nothing can be generally binding without the Kings Royal Assent , nor doth the Law take notice of any thing without it : This makes Them to be calld afterwards the Kings Laws ; and the Judges are said to deliver the Kings Iudgments : nay , he himself is always Lord Chief Justice of England , which Title is not assumable by any Subject . Now , before an English Law is made , ther is mature and mighty long deliberation goes before : for first the business is agitated and canvasd many days in the House of Commons ( which represents all the peeple of England ) till it comes to the ripeness of a Bill : The Bill being drawn , is read thrice in the House ; and having passd the brunt of all Exception , t is engrossd and transmitted to the Lords ; and there also t is read thrice , and debated with much deliberation : Then by concurrence of both Houses t is presented to the King , who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives : if not , He gives his Royal Assent , and then t is created a Law , and generally binding . Touching the power of the Sword , it is more proper to treat of it in the next Paragraph . Moreover , the Lex Terrae , the Common Law of England makes the King the Fountain of Honour ; nay , without any disparagement or offence be it spoken , He can confer Honor upon other Kings , and Souverain Princes , as he is Souverain of the Order of Saint George , wherof ther have bin eight Emperors ; five Kings of the French , four of Spain , seven of Portugal , two of the Scots , four of Denmark , three of Naples , one of Poland , and another of Sweden ; two Dukes of Urbine , one of Millain , one of Ferrara , one of Savoy , one of Calabria , one of Holland , one of Gueldres ; four Princes of Orenge , seven Counts Palatin of the Rhin ; two Dukes of Brunswick , two of Holstain , one of Brandenburgh , and one Duke of Wittenberg , with divers other Forren Princes . Now , among all Orders purely Military , ther is not any now remaining in the Christian world , either more ancient or honorable then the Noble Order of Saint George , wherof the Garter is a Symbole ; therfore are they calld Equites periscelidis , Knights of the most Noble Order of the Garter ; which Order was first instituted by that Victorious King Edward the third , ( who was offerd to be Emperour ) Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh ; and 229 yeers before the Order of St. Esprit by Henry the third ; and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy : It is also 209 more ancient then the Order of the Knights of the Elephant , which was devisd by the Kings of Denmark ; and much more then that of Amaranta excogitated by Sweden , &c. Now observable it is , that among all these Orders , l'ordre del toison d'or , the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants , wherby all the Provinces adjoyning did so infinitly enrich themselfs : And this Order of the Golden Fleece , as it is one of the highest Esteem , so it hath most affinity with our Order of St. George in point of Regulation , as also that ther are so few of it . For our Order is accounted far the Nobler , because it hath constantly kept it self to the same number of Knights , viz. 26. since the primitive Institution ; wheras the French Orders have multiplied so fast in number of Knights , that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck . And as this high Order of St. George hath the precedence of all other now worn by any King , in point of Antiquity ; so the ground and designe of it was very Noble : For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third , his thoughts reflected upon King Arthur , who indeed was the first founder of Knighthood not only among Christians , but of any other Nation upon earth , As also the first King who gave Royal Arms , His Coat being Azure , nine Crowns Or , marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms ; And Edward the Confessors Coat was Azure , a Cross patence between four Martelets Or. And as King Arthurs Round Table , which is yet to be seen at Winchester , had seats for twenty six Knights ; so it seems King Edward proportiond his number . Now , the occasion of it was , That he having resolvd upon a War with France for attaining that Crown , which was due unto him by his Mothers side , He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit , And to that end erected a round Table at Windsore , in imitation of King Arthur , where they were entertaind with Tilts and Tournements , magnificent Feasts , and other Princely ways to unite and encourage them . Philip de Valois , who was in possession of the Crown of France , went about to countermine him by erecting also the like Table in his Court , and so drew many gallant and adventurous spirits that way , and some out of England ; so that King Edward not finding this designe answerable to his mind , he fell on another , such as might prove more adherent and binding unto Him ; to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note , wherof He Himself and his Successors Kings of England were to be perpetual Souverains : All of them were to be men of Heroick parts , and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions ; which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn ; therfore are They stild Equites Periscelidis , ( as was touchd before ) which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , Crura ambiens , girding about the knee ; which al●…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another , and all of them in joynt service to the Souverain . Some ther are who are of opinion , that the Garter was given because that in a Battle where King Edward provd Victorious , he had given the word Garter for a Signal : Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance , and so taken up by the King : But the Black Book in Winsore ( which deserves most faith in this point ) gives the first Reason for it . Among other Laws that were enacted in the Chapter when this Order was first raysd , one was , That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels , the Rights and Lordship of the Souvrain , &c. Such a Sacramental Oath the Knights of the Bath also take , which is , To love their Sovrain above all earthly cretures , and for his right and dignity to live and die , &c. Therfore , I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders , who besides other astringing Oaths , as those of Allegeance , Supremacy , &c. could dispense with them All in the late Rebellion so far , as not only not to adhere to their Sovrain Liege-Lord and King , when his life was sought for by small and great Shots , with other instruments of open hostility and slaughter , but to appeer for , to serve and stick unto the contrary party all the while : Truly under favor , I wold ▪ be-loth to exchange souls with them . We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's : Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis : It was decreed in the College of the Knights of the Garter in England , to put the Stems of the King of the French before all other except the Prince of the Order . And the reason I conceive was , that Philip the second whiles King of England was formerly put before . But Bodin was herin deceavd , for the Emperours Arms ( wherof ther have bin eight of the Order ) go before , and have the precedence . Out of the premises may be deducd this cleer Conclusion , as a Meridian Truth , that the Common Law of England in all things ayms at the Honour and glory , the power and authority , the Safeness and incolumity of the Sovrain Prince , more then the Laws of any Country : And wheras we had some touches before , how the Common Law , which is peculiar only to England , hath the rationability of the Civil Law , though not so digested to Method , in regard it consists most of Custom , Cases and presidents ; we will conclude this Paragraph with some principles wherin they both agree ; As , Actori incumbit onus probandi , The proof lies on the Accuser : Nemo oportet esse sapientior legibus , No man ought to think himself wiser then the Laws : Ubi lex non distinguit , ibi non est distinguendum ; We must not distinguish where the Law doth not : Accessorium non ducit , sed sequitur suum principale , The Accessory doth not lead but follow the principal : Volenti non fit injuria , No wrong can be done to him who is willing : Agentes & Consentientes pari poena plectuntur , Actor and consenter are to be punished alike : Apices Iuris non sunt Iura , The punctilios of the Law is no Law : Nemo potest esse Iudex in propria causa , No man can be Judge in his own cause : Caveat Emptor , Let the Buyer beware : Contraria allegans non est audiendus , Who alledgeth contraries is not to be heard : Cujus est dare ejus est disponere , The Giver may dispose of his gift as he pleaseth : Quilibet in Arte sua est credendus , Evry one is to be believed in his own Art : Potestas derivativa non potest esse major primitiva , A Commissioner cannot have greater power then He who gave him the Commission : Dies Dominicus non est Iuridicus , The Lords day is no day of Law : Dormit aliquando Lex , moritur nunquam , The Law may sleep a while , but never die : Dilationes in Lege sunt odiosae , Delays in Law are odious : Facinus quot inquinat aequat , All are principals in a crime : Generale nihil certi implicat , No certitude can be had out of generals : Ignorantia non excusat Legem , Ignorance of the Law doth not excuse the breach of it : Lex non cogit ad impossibilia , The Law doth not tie us to impossibilities : Lex est summa Ratio , The Law is the highest Reason : Lex citius tolerat privatum damnum quàm publicum malum , The Law tolerats a privat damage rather then a publick : Mala Grammatica non vitiat Chartam , False Latin doth not destroy a Deed : Linea Recta semper praefertur transversali , A right Descent is always preferrd before a Collateral in kinred : Nemo debet his puniri pro uno delicto , No man is to be punishd twice for one offence : Nemo potest plus juris in alium conferre quàm Ipse habet , No man can transfer a greater power to any other , then he hath himself : Nemo tenetur prodere seipsum , No man is bound to betray himself : Omnia quae movent ad mortem sunt Deo danda , All things which cause death are forfeit to God : Qui non habet in aere , luat in corpore , Where the purse cannot , let the body suffer : Qui peccat ebrius , luat sobrius , Who offends when he is drunk , let him be punishd when he is sober : Qui sentit commodum , sentire debet & onus , Who receive the benefit , ought to feel the burden : Quod semel meum est , ampliùs meum non est , That which was mine , is none of mine : Stat praesumptio donec probetur in contrarium , A presumption stands till the contrary be provd : Ubi non est principal is ibi non potest esse accessarius , Where ther 's no principal ther can be no Accessary : Unumquodque dissolvitur eo ligamine quo ligatur , Evry thing is untyed as it is bound : Par in parem non habet Imperium , Equals cannot command one another : Nemo dat quod non habet : No man can give that which he hath not : And this doth hold also in Heraldry ; therfore the Knighthoods ( with other Honors ) that Cromwel was so free to confer , are void in Law , because he was never Knight himself . By these few Principles , with multitudes more , it appeers that the Common Law hath much affinity with the Civil ; wherof ther are as learned Professors in England as any where els . Whence it may be inferrd , that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides . For in regard that England is an Iland having such a great Trade at Sea , and so great dealing with divers other Nations ; Having also besides Land-matters both Temporal , Ecclesiastical and Maritime , which are not so proper for the Common Law , He allows of the Civil Law answerable to the quality of the Case , which hath bin practised in England beyond the memory of man , or the reach of any Record . And though ther happen oft some Emulations and high Contests betwixt these two Professions , yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be , and not to suffer the one to insult or encroach upon the other , but to have the same freedom of study and practice to the universal good of Forreners , as well as of his own Subjects . And so much concerning the National Law , and Prudential Constitutions of England . The Tenth and last Paragraph . Touching the greatness of Power , of Military Might and Puissance by Land and Sea , as well Defensive as Offensive , &c. of the King of Great Britain . THe Duke of Rohan in his Book calld Les Interests des Princes , The Interests of Princes , saith , that England is like a great Animal that cannot die unless he kill himself . He acknowledgeth Her also to be Latroise●…e Puissance , the third Power of Christendom : But by the Arguments that shall be producd in this Paragraph , I believe it will appeer to any discerning and unbiassd . Reader that England , taking her Kingdoms annexd along , with her strength at Sea as well as shore , will be inferior to none . Ther was a Comparison made long since , That Gallia & Hispania sunt quasi lances in Europae libra , & Anglia est lingula sive libripendens ; That France and Spain were as the Scales of the great Balance of Europe , and that England was the Toung or Beam of the Balance , which keeps it in aequilibrio , in an even counterpoise , that neither side shold be trab●…ccant . This hath bin often verified , specially in the Raign of Henry the eighth , whose Motto was , Cui adhaereo praeest , He to whom I adhere prevails . He wold somtimes make Francis the first to weigh down , somtimes Charles the fifth : And touching the former , He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain ; And so likewise did Pope Clement , when he was freed from the Castle of St. Angelo , where Charles the Emperour had coopd him up , Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome , as he was before Protector of the great Clementine League , And indeed the Arbiter of all Christendom in his time . Touching the Martial Might of the King of Great Britain , we will first examine that of England , which we must distinguish into Intrinsecal or Terrene , And into Extrinsecal or Maritime . Concerning the first , ther are five Counties alone can put into the Field fourty thousand men , all armd ; for so many are listed in the Muster-makers Book as Traind-Band-men , viz. the County of York 12000 ; Kent 8000 ; Norfolk , 〈◊〉 and Devonshire above 6000 apiece ; And the rest of the Counties , whereof ther are fourty seven , may have twice as many at least ; which come to a hundred and twenty thousand Soldiers e●…olld , and ready upon all occasions either for general service , or privat in the Counties where they are , for assisting the Sheriff and other Officers in the execution of the Law , in case of any resistance ; therfore are they calld Posse Comitatu●… . The power of the County . So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld , besides those in Ireland and Scotland : And in time of War , the late bloudy Rebellion ( bleeding yet in the purses and estates of many thousand poor Cavaliers ) hath sufficiently tryed the strength ( and wealth ) of England : For ther was a computation made at one time of those that were in actual Arms for King and Parlement , and they came to neer upon two hundred thousand fighting men under Commission , wherof ther were about fifty thousand Horse and Dragoons : And I do not remember to have read that in the time of the famous Ligue in France ther were so many , take in strangers and all . Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace , of which he hath the sole disposing : For the Sword is his as much as the Scepter and the Crown , which are inalienable from his power , and incommunicable to any other but by his Royal Commissions : And indeed t is the Sword that makes all Kings powerful ; The Crown and the Scepter are but impotent , and poor unweildy things ; they are but naked Indefensible badges without it . Ther 's none so filly as to think ther 's meant hereby an ordinary single sword , such as evry one carrieth by his side ; Or some Imaginary thing , or Chymera of a sword ; No , t is the publik Polemical Sword of the whole Nation ; It may be calld an Aggregative or compound Sword , made up of all the Ammunition , the Artillery , Pikes , Muskets , Helmets , Headpeeces , with all kind of armes small and great ; It reacheth to all the Military strengths both by Land and Sea , to all tenable places , as Castles , Forts , Bulwarks , within and about the whole Iland : The Kings of England have had the sole power of this Sword , and the Law gives it them by vertue of their Royal Signory from all times : The very Law doth gird it to their sides ; They employ it for repelling all Forren force , For vindicating all Forren wrongs and affronts , For suppressing all intestine Tumults and Rebellions , And to protect and secure the weal of the whole Body politick . The peeple of England ( represented in Parlement ) were never capable to manage this Sword , the Fundamental Constitutions of the Country flatly denieth it them ; This Sword is fit only to hang at the Kings side , as the Great Seal hangs at his girdle , being as it were the key of the whole Kingdom : and it is recorded of the Emperour Charlemain , that he carried his Great Seal always embossd upon the pommel of his Sword ; which signified that he was ready to make good and maintain what he had Seald . Now , to let the Peeple have the Sword , is to put it into a Mad-mans hand : And one of the pregnantst Forren examples to prove this , is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin , when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand , for to depress all the Peers and Noblesse of the Kingdom : and the Rebellion had grown to such a strength , that it was like to take effect , had not the Prelats and Churchmen stuck close to the King and the Nobility : but afterwards , poor hare-braind things , they desired the King upon bended knee to take the Sword again . The Civilians , ( who in all points are not so great frends to Royalty as the Common Law is ) assert , That ther are six Praerogatives which belong to a Souvrain Prince : 1. Armamenta Army : 2. Potestas Iudicatoria , power of Judicature : 3. Potestas vitae & necis , power of life and death : 4. Bona adespota , masterless goods : 5. Census , the numbring of the people : 6. Monetarum valor , the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming , which in effect is nothing els but the Kings Sword , is one , and as I said before , t is as proper and peculiar to his Person , and to be soly on his side , as the Crown on his Head , or the Scepter in his hand , and of greater importance then either : For by those two he draws only a voluntary love , and an opinion from his Subjects ; but by the Sword ( as threed thorow a Needles eye ) he draws a Reverential Fear and aw . Now , these two mixd with the other , are the best Ingredients of Government . With the Sword he confers Honors , as dubbing of Knights , &c. From this Sword all the chiefest Magistrates have their authority ; The Lord Deputy of Ireland , the Lords Mayors of London and York have their Swords by deputation from Him ; and when he entreth any place Corporat , the first thing which is presented unto him is the Sword. Nor doth the point of this Sword pass thorow the diameter , and reach only to evry corner of his own Dominions , but it extends beyond the Seas , as well to preserve his Subjects from oppression , and denial of Justice , as to vindicat publike wrongs and affronts , to make good the Interests of his Crown , as also to assist his Confederats and friends . And this publick Sword is so inseparable from him , that by the Law of the Land he cannot ungird himself of it , or transfer it to any other ; for that were to desert the protection of his peeple , which is point blank against his Coronation-Oath , and Office. Therfore the very Proposition it self , that the Long Parlement made to his late Majesty to have the Militia passd over unto them , was no less then High Treason : for nothing could be more derogatory to his Kingly Honor , which they had protested so solemnly to maintain by their so many publick Instruments and Oaths . We proceed now from the Rural Power , or Country-campane of the King of Great Britain , to his Oppidan Strength ; And first of his Court at Westminster , where ther are 200 goodly tall men of his Gard ; Then he hath a Band of Pensioners , who are Gentlemen of quality and wealth . Moreover , he hath 3000 Foot , and 1000 Horse , for his Life-Gard , besides divers Garisons in sundry Towns. And now we make our entrance into the City of London , that huge Magazin of Men and Might ; A City that may well compare with any in France or Spain not only for Power , but for any thing els , and in some particulars may haply go beyond them , and deserve a Precedence , as shall be shewd . Nor doth this Power extend only to her own Self-protection , but it may be made use of for any part of the Kingdome upon any Civil Insurrection , or otherwise , as it shall please the Sovrain Prince ( and no other whatsoever ) to employ it . The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions , for his own and his peeples preservation : For besides twelve thousand choice gallant Citizens in London and Westminster , with the Hamlets of the Tower , who are enrolld , and always ready , and have their Arms fixd for Honor and Defence , ther may be , as appears by divers Censes and Computations which have bin made , about two hundred thousand choice able men raisd for service if necessity requires , and the City will scarce sensibly miss them ; nor are Seamen , Mariners and Water-men meant to be of this number . The Kings of France and Spain , I may well avouch , have not any such Town or City : That which is most capable of comparison with London is Paris , for which she hath many advantages , for she is a Cité , Ville and Université , she is a City , a Town and an University , as also the chiefest Residence of the French King. But le ts go a little to particulars , and first to the Populousness of both Cities . They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris , have above one hundred thousand Communicants in them alone ; and that by the last Cense which was made , ther were neer upon a million of humane Souls in City and Suburbs , wherof the sixth part are made up of Strangers and Church-men , which the King cannot make use of upon Military occasions : But look a little forward it will appeer that London hath above a Million of souls . For largeness and magnitude t is tru , that Paris hath the advantage of an Orbicular Figure , which is most capacious of any : But by the judgment of those Mathematicians who have taken a survay of both Cities , if London were cast into a Circle she wold be altogether as big as Paris . Touching publick Buildings , t is tru , that the Louvre is a vast Fabrick , and the like is not found in London ; but t is the only Court the French King hath in the City , wheras in London ther are four Royal Seats , with two Parks annex'd to them . I hope the Bastille will not offer to compare with the Tower of London , nor the River of Seine with the Thames ; much less I believe will Paris offer to make any comparison with London in point of Traffick , and Societies of Noble adventuring Merchants , who trade on both sides of the earth as far as the Antipodes ; And divers Kings have been of their Corporations . Nor will the Provost of Paris I think offer to compare with the Lord Mayor of London , being the prime Man in England upon the decease of the King until another be proclaimed . The City of London hath divers other advantages not only of Paris , but of any other City of Europe take them all together ; which for a more methodical proceeding we will particularize as they are found in my Londinopolis ; which being so proper to this Paragraph , I thought fit to insert here , and being well considered , it will be found that London need not vail to any City under the Sun. 1. For conveniency of Situation , and salubrity of Air. 2. For strictness of Government both Nocturnal and Diurnal . 3. For the Magnificence of the Chief Magistrates . 4. For Regulation of all Trades Domestik and Forren . 5. For variety of Professions and Artisans . 6. For a greater number of Corporations and Halls . 7. For plenty of all provisions that Air , Earth or Water can afford . 8. For Springs , Aqueducts , and other conveyances of fresh wholsome Waters . 9. For Universality of Trade , and Bravery of the Adventurers . 10. For solidity and richness of Native Commodities . 11. For Artillery , Ammunition , Docks , and a number of Military and stout well-arm'd Citizens . 12. For an ancient and glorious large Temple . 13. For an admirable mighty great Bridge . 14. For a noble and straight Navigable River . 15. For a cheerful and wholesome green circumjacent Soyle . 16. For Hospitality and Festival publik Meetings of Corporations , and other Societies to increase love , and good intelligence between Neighbours . 17. For all sorts of Boats by Water , and number of Coaches by Land for the accommodation of Passengers . 18. For sundry kinds of Reliefs for the Poor and Lame . 19. For various kinds of honest corporal Recreations and Pastimes . 20. For the number of Humane Souls . T is confessd that many of these conveniences may be found in other Cities , which taken singly may exceed London in some ; but take them all together she may vie with the best of them , and run no great hazard . Concerning the first advantage , which is convenience of situation , and salubrity of Air , the wisdome of the old Britains our Ancestors is to be much commended for the election of the place in point of the benignity of the Hevens , with the temperature and influences therof , wherin London is as happy as any other City under the Skies . Some hold that that City is best situated which resembleth a Camels back , who hath by nature protuberancies and bunches ; so a City shold be seated upon small Hillocks or rising Grounds : It is just the posture of London , for she is built upon the sides , flanks , and tops of divers small Hillocks lying neer the banks of a great Navigable River , being incompassd about with delightful green Medows and Fields on all sides : She is at so fitting a distance from the Sea , that no Forren Invasion can surprize her but she must have notice therof . The quality of her soyle is Gravel and Sand , which is held to be the wholsomst for habitation , and conduceth much to the goodness of the Air , though it useth to be barren : but that barrenness is remedied by Art and Composts , insomuch that round about the City , within the distance of a mile or two , one may behold two or three thousand milchd Cows a grazing evry day of the week , besides number of other Beasts . Touching the second advantage , which is a strict and constant cours of Government , ther 's no place goes beyond Her , or indeed can equal Her , take night and day together . And wheras in Paris one dare not pass the Pont-Neuf , with any place els , after Ten a clock at night without danger , one may pass through London-streets as safely as in the day time ; ther being Constables and their Watch up and down to secure Passengers : yet they must give good account of their being abroad so late , ther being strict Laws against Noctivagation . Touching the Magnificence , Gravity , and State of the chief Magistrate , neither the Pretor of Rome , nor Prefect of Milan ; neither the Procurators of St. Mark in Venice , or their Podesta's in other Cities ; neither the Provost of Paris , or the Mark-grave of Antwerp , or any other Oppidan Magistrate goes beyond the Lord-Mayor and Sheriffs of London , if one go to the variety of their Robes , somtimes Scarlet richly surrd , somtimes Purple , somtimes Violet and Puke . What gallant Shows are therby Water and Land the day that the new Lord-Mayor is sworn ! What a huge Feast and Banquet is provided for him ! Touching the Regulation of all sorts of Trade , and Laws for the improvement therof , the City of London hath not her fellow . Touching variety of Artisans , London abounds with all sorts . T is tru , that mingling with Forreners hath much advantagd her herin : But those strangers themselfs confess that the English having got an Invention , use to improve it and bring it to a greater perfection . Touching Corporations , Halls , Fraternities , Guilds , and Societies , London hath not any Superiour ; witness the twelve great Companies , out of which one is elected yeerly to be Lord Mayor , with threescore several Companies of Citizens besides . And touching all sorts of Opificers , and variety of industrious ways to improve all kinde of Manufactures , and therby gain an honest livelyhood and proportion of Riches , London may be calld ( as Luca is in Italy ) a Hive of Bees , or a Hill of Ants , which have always been accounted the Emblemes of Industry and Providence . Touching abundance , and plenty of all kind of Provisions , as Flesh , Fish , Fowl , Fruits , Fuel , variety of Drinks and Wines , with any other Commodity that may conduce to Plesure and Delight as well as to supply Necessity , London may glory to be as well servd as any City under Heven . A knowing Spaniard said , that he thought Eastcheap-shambles alone vended more Flesh then is spent one week with another in all the Court of Spain . Gascon Wines drink better in London then at Bourdeaux : Canary Wines better then at Lancerote : Rhenish Wines better then at Backrag . Nor doth London abound with all things for the Belly alone , but also for the Back , either to keep it warm , or make it gay . What varieties of Woollen Stuffs are found in evry Shop ! What rich Broad-Clothes ! some being wrought to that height of perfection , that some have been made of Ten pounds a Yard in price . But our unlucky English-Schismatiques pretending to flee for persecution of conscience , have set up their Looms , and shewd the Hollanders the way , to the great detriment of their own Country . Concerning wholsome sweet Springs , and cleer Waters , London may be said to have as good Blood running through her Veins as any other , by those Aqueducts , Conduits , and conveyances of fresh Waters round about to serve for all Uses . What an Herculean work was that of Sir Hugh Middletons to bring the River of Ware threescore miles by Compasses to run through her streets , and refresh her houses , as also to preserve them from firing ! for which ther are divers ingenious useful Engines besides . Concerning Universality of Trade , ther is no City upon the surface of the earth goes beyond Her ; For ther are no Seas that any of the two and thirty winds blow upon from the Artik to the Antartik Pole , from the Orient to the setting Sun , but London by her Navigations findes them out , and makes rich returns by way of Barter or Emption . Touching solid and useful Wares that she hath of her own , what a substantial Commodity , and of what high esteem all the world over is her Cloth , her Kersies , and divers kinds of Woollen Manufactures ? Adde herunto her Lead and Tin , which she transmutes to Forren Gold and Silver . For Healthful Corporal Recreations , and harmless Pastimes , London may go in the Van to any place that ever I saw : Go and walk in her Fields , you shall see some shooting at long Marks , some at short ; some bowling upon cheerful pleasant Greens , some upon Bares and Alleys ; some wrastling , some throwing the Bar , some the Stone ; some Jumping , some Running ; some with their Dogs in Duck-ponds , some at a Bear-baiting , some at the Bull ; some Riding upon Naggs , some in Coaches to take the fresh Air ; some at Stool-ball , others at Kittle-pins ; with variety of other . For a stately Cathedral Temple , and general Dome of Devotion , the time was , and I hope will be yet within a few years , that London did not yeild to any City in this particular ; Saint Pauls Church being esteemd by all Nations to be one of the eminentst & visiblest Temples , one of the most glorious piles of stones that ever was reard , taking all the Dimensions together , with the conspicuous site thereof , being about the centre of the City , and upon a rising Ground . She hath also this singular property to be founded upon Faith , by having a large Parish-Church of that name supporting her , and directly under her Chancel . Touching a rare huge Bridge , and Navigable River , London is not inferiour to any other City whatsoever . Concerning the first , what a rich Rent hath it to preserve it self yearly ! what a vast Magazin of Corn is ther always in the Bridge-house against a Dearth ! ( as well as in many other places . ) What a number of Officers look to the reparations therof , and are hansomly maintaind therby ! Touching the second , viz. The River of Thames , she hath not her peer , if regard be had to the length and straightness of her cours running from West to East , without so many Meanders as other Rivers have ; Her convenient distance from the Sea to prevent all Surprisals ; The Amoenity of the Soyle on both Banks ; The wholsomness of her water , which makes the best Beer in the world , being so much transported by other Nations , and sold as dear as Wine ; The diversity of her Fish , the fatness of her Mudd , &c. For number of Humane Souls in City and Suburbs , London is nothing inferior to Paris , whose last Cense , as is said before , came to about a Million : But in the year 1636. command being sent to the Lord Mayor to make a scrutiny what number of strangers were in the City , he took occasion therby to make a general Cense ; And ther were of Men , Women and Children neer upon seven hundred thousand that livd within the Bars of his Jurisdiction . And this being 27 years ago , t is thought that London hath since more by the third part in all probable conjecture . Now for Westminster , the Strand , Bedford Berry , St. Martins-lane , Long-acre , Drury-lane , St. Giles of the Field , High Holborn , with divers other thick-peepled places which are so contiguous , and make one entire peece with London it self , I say take all these Buildings together , the forenamed number of Seven hundred thousand may well be thought to be double so many . Touching the shape of London , I find nothing to assimilat it unto more properly then to a Lawrel Leaf that is far more long then t is broad , which may be a cause she doth not appeer so populous as Paris , her passengers not encountring so often as they wold if she were of a round Figure . Touching her length , take all Buildings that are adjoyning one to another from the utmost point of Westminster to the utmost point beyond the Tower , she may be well thought to be five Miles long , about half so much in latitude , and in Circuit about twelve Italian miles . To conclude , touching the Defensive and Offensive Power of the City of London in point of Arms of all sorts , of Artillery , Ammunition , Arsenals , and Docks on both sides the River , Her Traind Citizens and expert Firelocks , neither France or Spain hath her equal . It is recorded that in King Stephens Raign the City of London raisd 60000 Foot , and 20000 Horse : how many more were she able to do now in case of necessity ? For to compare her in statu quo nunc to what she was then , were to compare a Giant to a Dwarf in point of proportion and strength . The Record hath it also that Anno 1293. London was able to put out a Fleet of 95 Ships to scowre and secure the Seas from Depredations and Pyrates , &c. which she was often usd to do . Such an Imperial Chamber , such , such a potent and well appointed City hath the King of Great Britain always at his command : And if some of the Roman Emperours about Fifteen hundred years ago in their Diplomata's or Edicts stild her Augusta , ( which was always a name of Magnificence and State ) how much more may she deserve that name in the condition she now is arrivd unto ! Thus have we discoursd , though in weak imperfect Expressions , of the Power and Military Might of the King of Great Britain , not including all this while his two Kingdoms of Scotland and Ireland , which being cast into the Balance may make his Power so much more . Touching his Maritime Power , t is spoken of in another Paragraph going before ; wherunto we will add , that the King of Great Britain hath such a Haven that neither France or Spain , or indeed any part of the world can parallel , which is Milford Haven , wherof the most famous ancient Authors , not only Latin but Greek , make most honourable mention , calling it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the thousand foorded Haven . One other passage we will adde , which is but fresh , that besides the reducing of the Hollander , the very last year a few of the King of Great Britains Frigats did beat those desperat Pyrats of Barbary into a Peace , wheras neither France or the Dutch could do it : And this year those few English that are in Tanger did also force Guyland the great Morocco Rebel to Articles of Peace . As I was writing this , me thought I had whisperd in my ear , that the French King hath one kind of Power that transcends any of the King of Great Britains , which is , that he may impose what Taxes he please upon the peeple by his Edicts alone . T is tru he can , and he may thank the English for that power ; for when they had coopd him up in a corner of France , ( in Berry ) the Victorious English being Masters of the rest , That Power which before was in the Assembly of the three Estates of laying Impositions , was invested in the King himself pro tempore during the Wars because the three Estates could not assemble : But this Power makes him a King of Slaves rather then of Free Subjects ; and if they may be calld Subjects , they are Subjects of an Asinin condition which cannot have any tru manly courage in them , or a competency of wealth to bear it up ; which is the cause that though France be a rich and self-sufficient Country , yet some think ther are more Beggers in Her then in all Christendome besides . Now , it is a Principle in the Civil Law , That Dominum habere nobiliorem confert ad dignitatem Vassalorum , & nobiliorum habere populum confert ad nobilitatem Principis ; To have the nobler Lord conduceth to the dignity of the Vassal , and to have the nobler Peeple conduceth to the dignity of the Prince . By this Axiome the King of Great Britain is the more Noble , because he is Lord of a free-born wealthy peeple , and not of Slaves and Beggers . Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich , ( provided he come not to be so by grinding the faces of his Subjects . ) The Republik of Venice and the Seat of Genoa carry that high esteem in the world , because the one hath the Tresury of Saint Mark , and the other the Bank of St. George . The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories , because he hath always a rich Tresury . Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued , that at their Re-access they wold please to consider ; that wheras the fame of being Rich , and to have the Coffers of his Crown well ballasted , conduceth so much to the Repute of a King , and so by Reflexions upon the whole Nation , As also to make Him redoubtable both abroad and at home ; And wheras the contrary fame exposeth him to contempt , Insultings and Pasquils , ( as some frisking French Wits have bin lately too busie and bold that way ) and likewise our Neighbour Hans who daily offers us such insolencies : which makes me think of an Italian Proverb , which though homely , yet it comes home to this purpose , Cavagliero ( ò Principe ) senza quatrini , è come un muro senza croce da tutti scompisciato ; A Cavalier ( or Prince ) without money , is like a Wall without a Cross for evry one to draw upon : Therfore I am bold to reiterat the foresaid humble Intimation ( I will not presume to say Advice , though it may be well calld so ) to the Honorable House of Commons when They reassemble , That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent : And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly , They wold be pleasd to think it not only agreeable to the Rules of tru Policie , but most necessary for the Honor and safety of the whole Nation , to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them , as He doth in all other things besides . A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs , how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth . He had to his Predecessor the first Christian Emperour ( and Empress . ) He had to his Predecessor the first Christian Worthy , and the first Erector of Military Knighthood . He had to his Predecessors some of the most victorious Kings that ever were . His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first , and in Spirituals afterwards . It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath . It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils . It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other . It hath appeerd that He hath the most plentiful and hospitable Court of any other King. That He hath as independent Authority as any other King. It hath appeerd that He hath the stoutest Men of War , The Noblest Haven , The Inaccessiblest Coasts , with the greatest Command and Power at Sea of any other . Which makes the English Merchants to be so highly respected abroad above other Nations , having more Privileges at the entrance of the Baltik in the Sound , as also in Hamborough and Holland , where they have Houses like Palaces provided for them gratis , and free from Excise . In Ligorne , in Constantinople , and the gran Mosco , they are more esteemd then any other Merchants : And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux , with divers other Immunities in France above other Nations . Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , t is the King of Great Britain , to whom that famous Verse of the Father of Poets may be applyed : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A Scepter is given Thee to be Honord by all . To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga , and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus ; I say , we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence , in the contest that happend then with those of Spain , by a Remonstrance which they sent the said Ambassadors in these words , as t is extracted out of the Record it self . Illustres & Magnifici Domini , Perlegimus scriptum quod Illustres & Magnificae personae vestrae ad nos heri miserunt , & Illa capita quae substitutionis potestatem , & sigilli vigorem attingunt statuimus non ulteriùs prosequi , confidentes de sinceritate serenissimi Domini Archiducis , & acquiescentes integritate Illustrium & Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore & humanitate conjunctum . Clausulam vero quam in serenissimi Archiducis Commissione omissam esse superiùs demonstravimus , quàm primùm commodumque videbitur quod polltcitae sunt vestrae illustres & magnificae personae petimus inserendum . Quod verò illustres & magnificae vestrae personae asserunt insolitum & novum videri quod proposuimus de Praerogativa & Praecedentiae dignitate serenissimae Reginae Dominae nostrae semper debita , non possumus dissimulare , nos valde mirari illud viris vestrae conditionis , eruditionis & judicii novum esse & insolitum , quod universo orbi terrarum notum est , & celebratissimum . Res enim est exploratissima quod Regio Hispanica cum distributa fuerit in diversa Regna , & devoluta in manus Regis Ferdinandi & Reginae Isabellae , Regumque Granatae insuper ei adjunctum , unà cum caeteris partibus Indiarum Occidentalium orta est contentio speciosè magis quàm solidè recteque fundata de Praecedendi dignitate cum Regno Anglorum tempore quo Papatum occupavit ▪ Alexander ejus nomini sextus natione Hispanus , quae perducta ad tempora Iulii secundi . Volatarranus Author imprimis bonus , Historiographus Italus nullo privato beneficio Angliae obstrictus , quique eodem tempore Romae vixit , ea de causa quemadmodum Res actae , gestaeque fuerunt probè potuit intelligere , de hac Re ita refert . Inter Oratores Henrici septimi Regis Angliae & Hispaniae Regis inter sacra sedendo orta est contentio quae etiam sub Alexandrio caeperat . Iulius Locum honoratissimum Anglis pro tempore adjudicavit , quod quidem Ius , & praerogativam Regis Angliae possidentes tenuerunt usque ad tempora Caroli quinti Imperatoris qui licet ratione Caesareae Majestatis supremam sedem dignitatis inter ▪ Principes 〈◊〉 , Illud tamen privilegium ad posteros suos in praejudicium aliorum Principum transmittere non potuit . Ideóque post obitum ejus quaestio illa Praecedentiae ad eosdem terminos unde ante digresserat reversa est . Cum igitur Reges Angliae semper tenuerunt priorem , & augustiorem sedem prae singulis illis Regibus priusquàm Regna eorum in unum reducta fuerint , reductisque in unum indeque ea de requaestione motâ jus suum ex sententia Papae retinuerint de quo nullo unquam tempore aut occasione cesserunt : Extra controversiam igitur putamus illud de Iure pertinere ad Coronam Angliae , utcunque propagata & amplifica sunt Territoria & Dominia Regni Hispaniae quod recta rerum aestimatione nihil valet aut valere debet inter Christianos Principes ad hanc Praecedentiae quaestionem : Alioqui plurimi Reges & Principes assumerent sibi Praecedentiam in multos alios Principes quibus jam & liberè & libenter concedunt . Amplius de haec praesenti controversia de Praecedentiae dignitate hoc ipso tempore aliud est quod se non indignè offert judici is vestris examinandum , nempe quodunus è nobis quem serenissima Regina Domina nostra ad hunc tractatum pacis concludendum elegit , Legatus ejus est qui quotidie residet apud Christianissimum , quam dignitatem unà cum omnibus Praerogativis quae eam comitantur retinet quoad in Regno Galliae commoratur . Primus vero è vobis licet sit Legatus Catholici Regis apud serenissimum Archiducem cùm jam sit extra territorium Archiducis , qualitatem eam , dignitatemque exui : censemus quoque nostrum in quo multiplicata ista dignitas elucet , & dominatur Iure praeferendum unicuique qui singulari & nudo titulo deputati scilicet ad tractatum pacis inductus prodit . Vobis igitur si placeat quaestio ista alto silentio praetermittatur , haecque praerogativa de qua agitur maneat habitetque in serenissima Regina Domina nostra ad quam Iure spectat , pertinetque . Ita alacrioribus animis ad conventum , colloquiumque cujus causà huc accessimus feremur . Ista omnia pro prudentia & moderatione vestrarum illustrium & magnificarum dominationum petimus amicè & candidè accipi , ut quae profecta sunt ab observantiis & religione officii nostri , non à studio tempus consumendi aut contentionis excitandae . Datum Boloniae 26 Maii , stylo veteri 1600. Renderd thus in English. Illustrious and Magnificent Lords , We have read through the Writing which your illustrious and magnificent Persons sent us yesterday ; and touching those heads which appertain to the power of your substitutition , and the vigor of the Seal , we have resolvd not to prosecut further , confiding in the sincerity of the most serene the Lord Archduke , and acquiescing in the integrity of your illustrious and magnificent Persons , which doth promise us a good faith in the business we are to agitat with the greatest candor and humanity that may be . And touching the Clause we demonstrated before , we desire it may be inserted as soon and as conveniently it may be , as your illustrious and magnificent Persons have promised . And wheras your illustrious and magnificent Persons assert , that it is unusuall and new what we proposd concerning the Prerogative and dignity of Precedence due always to the most serene Queen our Mistress , we cannot dissemble , but we much wonder that that shold seem new and unusal to men of your condition , learning and judgment , which is so well known , and most celebrous to all the world . For it is a most explored truth , That the Region of Spain distributed to divers Kingdoms , when it was devolvd to the hands of King Ferdinand and Isabella , wherunto the Kingdome of Granada was adjoyned , and the West-Indies , a Contention did arise more speciously then solidly and rightly grounded , touching the dignity of Precedence with the King of England at that time , when Alexander the sixth , who was a Spaniard born , held the Papacy , which continued to the time of Iulius the second : and Volaterranus a special good Author , and an Italian Historiographer , being not engagd to England for any privat benefit , and one that was well capable to know how matters passd , and were transacted , doth relate that betwixt the Ambassadors of Henry the seventh King of England , and the Ambassador of Spain , a contention did arise about Precedence of session in the Church , and Iulius adjudgd the most honourable place to the English ; which Right and Prerogative the Kings of England possessd until the time of the Emperour Charles the fifth , who in regard of Caesarean Majesty , had the supreme place among all Princes . But he could not transmit that privilege to his posterity , to the prejudice of other Princes : Therfore after his decease , that question of Precedence returnd to those terms whence it had formerly digressd . Since therfore the Kings of England always held priority of place and session of those several Kings before their Kingdomes were reducd to one , a question being movd therabouts , they have retaind their Right by the Popes sentence , and never yeilded it upon occasion . Therfore without controversie we think that Right to appertain still to the Crown of England notwithstanding that the Territories and Dominions of the Kingdome of Spain be propagated and amplified , which in the right estimation of things prevails not , or ought to prevail twixt Christian Princes touching this question ; For then other Kings and Princes would assume a right of Precedence above others , to whom now they grant it , ever and anon , if their Dominions increase . Moreover , touching this present controversie about Precedence , ther is another thing which doth not unworthily offer it self to be examined by your Judgements , which is , That one of Us which the most serene Queen our Mistress hath chosen her Ambassador to conclude this Treaty of Peace , is one who daily resides in that quality in the Court of the most Christian King ; which Dignity with all Prerogatives he retains as long as he sojourns in France . But the first of you , although he be Ambassador to the Catholick King with the most serene Archduke , and being out of the Dominions therof , he puts off that quality and dignity . We think also that our Ambassador in whom this Dignity is multiplyed , and shines more , ought by right to be preferred before any that is appointed by a single and bare title onely for this great Treaty . Therfore if you please , let this Question be pretermitted with deep silence , and let this Prerogative remain , and dwell in the most serene Queen our Mistress , to whom it justly belongs and appertains ; so we shall more cheerfully apyly our selfs to the business for which we are come . All this we desire may be candidly and frendly accepted according to the prudence and moderation of your illustrious and magnificent Lordships , as proceeding from the Observances , and Religion of our Office , not with any dessein to consume time , or raise contentions . Bullen 26 Maii , 1600. Henry Nevil , Iohn Harbert , &c. The Spanish Ambassadors made an answer herunto , which we reserve for the third Section , wherin the Arguments of Spain for Precedence are set down , wherof one of the strongest he urgeth is the Multiplication and encrease of Dominions , which according to Besoldus and Cassaneus , with other great Civilian Jurists , is no Argument at all , in regard it doth not hold among ordinary Nobility . As for example : He of Arundel is first Earl in England ; He of Angus in Scotland ; And He of Kildare in Ireland , by the Laws of Heraldry and Hereditary Right : Put case that some other of their fellow Earls in either Kingdome shold grow richer , and have more Mannors , Possessions and Lordships , yet they will not offer to take place or precedence ; so the Argument may hold A minori ad majus : For if it be so among Noble-men , much more shold this Rule have validity among Souvrain Princes . I will go on with a passage that happend in Paris a little above twenty years since . Hugo Grotius residing at Paris in quality of Ambassador for the Crown of Sweden , attempted to make his Coaches go before those of the Earl of Leicester , pretending a right of Precedence , because the King of Sweden whom he represented , was King of the ancient Goths and Vandals , &c. which was , under favor , but a feeble Argument , For ther were Kings of Great Britain thousands of years before the Goths or Vandals were scarce known to the Christian world ; nor do any stories make mention of them until a little after the declinings of the Roman Empire , about the year 350 from the Incarnation , nor came they to be Christians till a long time after ; And it is the Position of Grotius himself in his Book de Iure Belli , Inter Reges qu●… primo Christianismum professi sunt praecedunt , Who first professd Christianity ought to precede . Moreover , the King of Denmark entitles himself King of the Goths and Vandals as well . But my Lord of Leicester carried himself so like himself , that our Swedish Ambassador was put behind with a Disgrace somewhat answerable to his Presumption , and to the explosion of the Spectators . Now , Let the prudent and unpassionat Reader weigh with leasure the foregoing Particulars , and reserve his Judgement till he hath run through the Reasons and Arguments of the other two Kings in order to a Precedency . T is time now to cross over to France , and produce the Arguments of that King , faithfully extracted out of the most receavd and celebrated Authors who assert his Right to sit next the Emperour upon all occasions , As Cassanaeus , Ferhaut , Besoldus , Carolus de Grasseliis , Hierome Bignon , Pierre Matthieu , &c. And let this be a close to the First Section . The second Section , Consisting of the Reasons wherby the French King pretends and claims Priority of Place , and Proximity of Session next the Emperour at all Solemn Meetings , and in all publik Transactions of State , &c. Which Reasons , In regard they lie confusd and scatterd in other Authors , we will reduce to Ten Heads or Arguments , wherof the first shall be drawn 1. A Nobilitate Regni , from the Nobleness of the Kingdome . 2. The second A Nobilitate Regionis , from the Nobleness of the Country . 3. The third A Noblitate Regiminis , from the Nobleness of the Government . 4. The fourth A Religione , & Nobilitate Ecclesiae , from Religion , and the Nobleness of the Church . 5. The fifth A Nobilitate Gentis , & multitudine Subditorum , from the Nobleness of the Nation , and multitude of Subjects . 6. The sixth A plenitudine Regiae Potestatis , from the absolutness of Regal Authority . 7. The seventh A Potentia ipsius Regni , from the Power of the Kingdome it self . 8. The eighth Ab opulentia ipsius Regni , from the Riches thereof . 9. The ninth A Fortitudine & Rebus in Bello gestis , from Valour and Exploits done in the War. 10. The tenth and last Argument shall be drawn ab Exemplo & Antiquitate , from Examples and Antiquities . Of the first Argument , A Nobilitate Regni , from the Nobleness of the Kingdome . THer is a speech drawing neer to the nature of a Proverb , Great Britain for an Iland , France for a Kingdome , Milan for a Duchy , and Flanders for a County or Earldome , are preferrable before all other ; They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their kind : this shews the supereminence of the Kingdome of France . Ther is also a signal saying of the Emperour Maximilian the first , who being in some Critical Discourses with his Lords about the Dominions of Europe , broke out into this high Encomium of France , That if it could stand with the Order of Nature and the Plesure of the Almighty that any mortal Man were capable to be a God of the Elementary world , and that I were He , I would so make my last Will and Testament in the disposing of my Estate , That my eldest Son shold be God after me , but my second shold be King of France . This saying or excess of speech must be interpreted with a sane sense , for the Emperour meant nothing els hereby but to intimate his opinion touching that potent and noble Kingdom : which Kingdom hath continued an Heredetary successive Monarchy neer upon twelve hundred yeers by three Races of Kings , wherof Lewis the fourteenth now regnant is the sixty fifth Monark . Now , whosoever will behold that noble Kingdome , will finde that no other stands so commodious and strong by the position of Nature her self . It is situated in the centre of Europe , having Westward the Island of Great Britain ; Eastward , Italy and Swisserland , with other Regions ; it hath Southward the Kingdome of Spain ; and Northward the great Continent of Germany high and low : And it is notably fenced against all these by a special Providence ; Against the First , it hath a huge Salt Ditch , the Sea it self ; against the Second it hath the stupendious Alpian Hills ; against the Third it hath the Pyrenean Mountains cast up as Trenches by Nature her self for the defence of France ; against the Fourth she hath strong fortified Towns , Castles and Rivers : The Ocean on the one side , and the Mediterranean on the other do wash her Skirts , and mightily invite Trade . And that which adds also much to the advantage of her situation , is , that she lieth accessible and open to all Mankind for Commerce and Negotiation by Sea and Land. Moreover , being seated so in the midst , she is fittest to be Arbitratrix , and to give Law to the rest of Christendome , as being properly seated to divide or unite , to admit or hinder the Forces of Europe . She stands also in an advantagious posture to reach her hand to her Frends in point of Auxiliary Assistance , or heave her hand against the Enemy . She hath divers Provinces , the Governors wherof are equal to Viceroys : And for her Nobles , they are without number ; for she can horse about 50000 Gentlemen for the Wars . Adde herunto that she hath a mighty advantage to be of a round Orbicular shape , which makes all parts lie neerer for the assisting each other in case of necessity . Ther is one other quality that makes for the Nobleness of France , which is , though he be Turk or Tartar , Moore or Egyptian , or of any Nation , if he be in quality of a Captif or Slave , as soon as he treads upon French ground he is eo instante frank and free , and as it were manumitted of the tie of slavery : for as Bodin hath it , it is a Principle in France , Servi peregrini ut primum Galliae fines penetraverint liberi sunto ; Let stranger-slaves as soon as they come within the borders of France be free . Among other , let this example serve : A Merchant came to Tholouse and brought with him a Slave whom he had bought in Spain ; The Slave being told of the Laws and Privileges of France , came and told his Master , Sir , I have had relation to you hitherto as a Slave and Bondman , but now by the Laws of this Noble Country I am a Freeman ; yet I am contented to serve you still , but as a Free Attendant . The like happend at the Siege of Mets , where a Slave had played the Fugitive , and ran away with his Master Don Luysd ' Avila's horse ; Don Luys sent a Trumpeter to the Duke of Guyse for his Man and his Horse ; The Duke understanding that his Horse was sold , causd the Money to be sent the Spaniard , but for the Man he sent him word , That he was upon French ground , therfore was Free by the custome of the Country . In fine , France is so Noble a Region , that as the Sun shines among the Stars in the Firmament , so France shines among the rest of Kingdomes . The second Argument , A Nobilitate Regionis , from the Nobleness of the Country . VVE proceed now from the Nobleness of the Kingdome , to the Fertility and Riches of the Country of France , as also to the temperature and healthfulness of the Clime or Climes thereof ; for France participats of the nature of divers Climes : Normandy , specially la Basse Normandy , partakes of the Clime of her next Transmarin Neighbour Great Britain : Picardy and Champagne of that of Germany ; Provence and the Countries towards the Alps , partakes of the Climat of Italy ; Aquitania and Languedoc being walld Southward by the Pyrenean Hills , have much of the Climat of Spain ; And the I le of France wherin Paris is built , and the Country therabouts , hath a particular Clime of its own . These varieties of Climes make the Country the more fruitful for universality of Wealth and Plenty . Nor is France onely a fat Country and full of marrow , but she hath as much Delightfulness as Fecundity , as much real Plesure as outward Bewty : Ther is no Soyl under the Sun where ther is more Agriculture for Bread , which is the staff of Mans Life ; Insomuch that she may be calld the Granary of Ceres , and she may be calld as well one of Bacchus his chief Cellars , for a world of Vineyards wherwith the Country is coverd , with innumerable sorts of fruits ; insomuch that the character which Salvianus gives of Aquitania may extend to the whole Country , when he elegantly saith , Illic omnis admodum Regio aut intertexta est Vine is , aut florulenta pratis , aut irrigata fontibus , aut interfusa fluminibus , aut distincta culturis , aut consita pomis , aut amoenata lucis , aut crinita messibus , ut verè possessores Illius Terrae non tam soli istius portionem quàm Paradisi imaginem possidere videantur : There evry place is either interwoven with Vines , or flowrd with Medows , or set with Orchards , or meerd by Corn-fields , or peepled with Trees and Woods , or refreshd with Fountains , or enchanell'd with Rivers , or periwiggd with all sorts of Grain ; Insomuch that the Inhabitants may be said to possess a part of Paradise rather then a portion of the common earth . Now , among all these , the four Staple Commodities of France may be said to be Corn , Wine , Hemp and Salt , which Boterus calls the four Loadstones of France : For as the Loadstone ( wherof the Blew Ethiopian is the best ) hath an attractive Virtue to draw unto them Iron and Steel in a mysterious manner , so the foresaid four Commodities have a Magnetical Virtue to draw into France the Gold and Silver of all Nations . Concerning the French Corn , it is reputed the best of all other ; Pliny , one of Natures principal Secretaries , hath left upon record that the Gallic Corn is nitidissimi grani , & plus panis reddere quàm far aliud , It is of a neat grain , and yeelds more bread then other wheat . The Spaniard and others might starve were they not sustaind by French Corn , yet she vents but her superfluities , and transmutes them to Indian Gold : for such is the scarcity of Spain , that having not bread enough of her own for the hundredth Child she produceth , whosoever brings thither a Cargazon of Corn , may make his return for it in Gold or Silver , and carry it openly in the palm of his hand without fear of seizure . Touching the French Wines , it may be said they need no Bush : what vast proportions are carried away by all the Northwest Nations ? Bodin speaks of one Merchant in Cambray which bought at one Vintage 33000 Barrels ; and t is worth the observation what a world of variety of Wines grow up and down , for one can scarce go twenty miles but ther is still a differing sort of Grape : In some places in Burgundy and Champagne ther are Wine-vessels as big as some houses in height , not inferior to those vast Vessels of Heidelberg , Tubinga , and Groninghen , ( as the ingenious Lansius hath it . ) Touching Hemp and Flax , the third Staple Commodity of France , what mighty rich Procedes come thereof ! For though it be a despicable Vegetal in sight , and unsavory in the handling , yet it is of such virtue that it can remove Rome to Hercules Pillars , Egypt to Italy , the East and West Indies into England ; a Vegetal that can controul Eolus , and overmaster Neptune himself , I mean the impetuous Whirlwinds of the one , and the tumbling Waves of the other . Now , where doth this most useful Commodity grow more plentiful then in France ? Nor doth she hereby furnish her Neighbors far and neer only with Sayls for their ships , but with shirts for their backs , sheets for their beds , and napery for their tables . Touching the last great Staple Commodity of France , which is Salt ; t is so savoury in the Kings Coffers , that he draws twenty Millions of Livres evry year from the Gabel of it : besides that incredible proportion which is spent in France it self , what Millions of Mesures are laden out for other Countries ! Spain also hath this Commodity to a superfluity , but her Salt is more corroding and acrimonious then the French ; Therfore when the Emperour Charles the fifth ( as Lansius relates ) had put out a Placart prohibiting that no French Salt shold be brought into the Netherlands , the Country was like to mutiny for that tart Proclamation , because the Spanish Salt which was permitted only to be imported , was not so sweet and vigorous as the French ; specially as that of Rochel , wherwith if Flesh be salted , and a Ship victualld with it to the furthest part of the East-Indies , it will eat as sweet at the return of the Ship as it did at first , as t is found by the frequent experience of our Navigators . Concerning the Air and Clime of France , it is the most cheerful and temperat of any other under the Canopy of Heven , which makes the inhabitants therof so spritful and debonnaire : T is rare to find a French-Woman melancholy , which was the ground of the Proverb , To make a compleat Wife , let her be English to the Neck ; From the Navil to the Knee Dutch ; From the Knee downward Spanish ; But from the Neck to the Navil French , which relates to the Heart , and to the merry disposition therof . Nor are the French-women spriteful and merry most of any , but they are also wise and judicious : for Cassanaeus relates in his Catalogo Gloriae Mundi , that in the famous old League which was struck twixt Hannibal and the Gaules , it was capitulated that if any Gaule was wrongd by a Carthaginian , a Carthaginian Magistrat shold be his Judge ; but if any Carthaginian shold be wrong'd by a Gaule , Gallic Women shold be Judges therof . I will conclude this Argument with the quaint Verses of Baptista Mantuanus an Italian : Ignea Mens Gallis , & Lactea corpora , nomen A candore datum populis , Muliebra tingit Ora color Tyrius , Paphium meditata colorem Ex geminis fecit Natura coloribus unum : Laeti , alacres , lusu , choreis , & carmine gaudent ; In Venerem proni , proni in Convivia , proni Ante Dapes adsacra Deum servire , j●…gumque Ferre negant , fugiunt figmenta , & hypocrisin , Ore Liberi , & ingenuus mos est , Tetricosque perosi , &c. The third Argument , A Nobilitate Regiminis , from the Nobleness of Goverment . THe form of Goverment in the Kingdome of France , is partly Civil , partly Polemical ; It is a mixt Goverment between Peace and War , composd of Military Discipline as well as of Civil Justice , in regard that France having so many open Frontires and powerful Neighbours by Land , they cannot as other Countries joyn Peace and Security together . Touching their Martial Goverment t is very exact , ther are divers Regiments of Horse and Foot in perpetual pay , being inrolld , and always ready for any occasion of Service . Moreover , in all the Provinces and places of strength , ther are Governors and Garisons dispersd up and down , which is very advantagious for the preferment of the Gentry . Now , the Governors are so cautiously disposd of by the King , that not any of them hath means to betray or deliver up a Province into the Enemies hands , the commands therof being so divided : For though the Governor commands the Country in general , and commonly the chief Town , yet ther is a Lieutenant that holds also by Patent immediatly from the King , and not from the Governor , and betwixt these two ther are some emulations and umbrages ever and anon . Then most part of their Towns , Castles and Fortresses have particular Governors not subordinat to the Governor of the Province , but deriving their power expresly from the King ; so that in many places the Town hath one Governor , and the Castle another ; Indeed the Country of Provence only was usd to have a Privilege , that Her Governor held it without a Lieutenant . The Noblesse or Gentry in France are the sole body which participat in some fort with the Prerogatives of the Crown ; for from it they receave Privileges above other men , and a kind of limited Regality upon their Tenants , besides real Supplies to their Estates by divers Employments , Pensions , and exemption from Tallies upon their own Demeans and Lands as long as they manure them by their own servants : but what Lands they let out to Tenants is presently Talliable , which causeth proportionable abatements in the Rent ; and in compensation for this , They onely owe the King the service of the Ban and Arriereban , which is to serve him or his General three months within the Land at their own cost . Now as in time of War the Noblesse undergo most part of the danger , so is their power then more peremptory above the rest of their fellow-subjects ; wheras in time of Peace the King is ready to countenance inferiour persons against them , and is contented to see them wast one another by contention in Law , or otherwise , for fear they grow too rich , Because it is a principle of State in France , That as the Noblesse use to do him the best service , so , They only misapplyed can do him most harm . Now , the ancient French Gentry was much diminished in the Croisades , or Wars of the Holy Land , because that to enable them for the service , divers of them did hipotheque or morgage their Fiefs and Lands to the Church , which are not redeemd to this day : Insomuch that it is thought by sundry Computations which have bin made , that the Gallican Church possesseth the third part of the fattest Fiefs in France . Now , upon the foresaid diminution , the French Gentry have been repaird and made up since from time to time of Advocats , Financiers , and Merchants , wherof a great many by the Kings favor are daily ennobled . Such a gallant Goverment France hath for the common Incolumity and publik defence of the Country , and for the employment of the Gentry who are more numerous there then in any Kingdome els ; wherby the tru Rules of Policy are observd that shold be in a Monarchy , which are For the King to command , The Nobles to execut , and The Peeple to obey ; and indeed the Peeple shold know nothing els but how to obey . Now , one of the prime Principles in France is to keep the common Peeple under a perfect subjection , so that they may not be able to do any hurt . And if they are kept poor hereby , let them thank themselfs ; for if they were pamperd with wealth , They wold be ever and anon kicking at Goverment : for we know ther is not a more instable hair-braind Monster in the world then the Common Peeple , as England of late yeers hath had such woful experience . Touching the Civil Goverment of France , and administration of Justice , it is of that high esteem that divers Forren Princes have referrd their Causes to be determind to the Court of Parlement in Paris , as a Consistory of high Reason and Integrity . It stands upon record how the Emperour Frederik the second referrd the controversies betwixt him and Pope Innocent the fourth touching the Kingdome of Naples to the decision of this Court , En dernier ressort , to pass a Definitif unappealable Judgement . The Count Namurs in a Difference twixt him and Charles de Valois , did cast himself upon the verdict of this Court : Philip Prince of Tarentum overcame the Duke of Burgundy in this Court touching the Expences he was at in recovering the Greek Empire : The Dukes of Lorain have in divers things stood to the Arbitrament and Justice of this Court : They of Cambray when they were a Free Peeple have , been willing to be tryed by this Court : The Confederacy also of the Kingdome of Castile and Portugal was confirmd by this Court. Now , the reason why this Court gains such a high Repute , is , That none are admitted to sit in that Tribunal but persons of known Integrity , Erudition and Gallantry ; which made Henry the second , as Lansius hath it , when by the importunity of a great Princess he had recommended one to sit there , and being a person but of shallow parts , and so rejected , the King said merrily , Ie pensois que parmy tant de Ginets un As●…e pourroit bien passer ; I thought that among so many Ginets one Ass might have passd well enough . Besides this of Paris , ther are divers other Courts of Parlement ( and Praesidial Seats ) dispersd up and down the Country in such a convenient distance , that the Client may not be put to make long Journies for Justice , and that the Poor be not oppressd by the Rich for want of means to make such long Journies wherby they suffer the suit to fall , as many use to do in England in the remotest places from London for want of such Courts . I will conclude also this third Argument with some choice Verses of Ludovicus Bologninus a celebrated Civilian : Francorum Reges sacro sub nomine nati Consilio semper valuerunt , semper & Armis , Sanctaque fautores Bonitatis Iura tenentes Appellat Romana suos Ecclesia gnatos , Et Primogenitos tali sunt nomine digni , His Deus Imperium dedit , & sua Iura tuetur , Unguntur , sancti fiunt quicunque creantur . The fourth Argument , A Religione , & Nobilitate Ecclesiae , from Religion , and Nobleness of the Church . SOme Authors affirm , that when our Saviour sufferd upon the Cross , He lookd towards France ; whence they infer , that it was a blessed Omen that Christian Religion shold florish most in that Kingdome . Moreover , it is a rare , and indeed an unparallelld thing , that ther was in France before the passion of our Saviour a Church , viz. Ecclesia Carnotensis , as it remains upon good record , which was dedicated Virgini Pariturae , to the Virgin that shold bear ; as we read ther was in Greece an Altar erected 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To the unknown God. This made the Emperour Iulius Caesar , who had felt the pulse of that peeple more then any other , to give this Encomium of them in his Commentaries , Natura est omnium Gallorum admodum dedita Religioni , T is the nature of all the Gauls to be much addicted to Religion . As in the dark times of Paganism they were observd to be so devout , so since the glorious Light of Christianity did shine upon the Flower de Luces , the French Nation hath bin found to be transported with an extraordinary zeal to Religion . And this Heavenly Light began to shine and shoot its Rays betimes : for we read that Iraeneus one of the first Primitive Fathers was Bishop of Lions , and he was Disciple to Polycarpus , and Polycarpus was Disciple to St. Iohn the Evangelist , by whom he was sent from Asia among the Gaules for the plantation and propagation of Christian Faith , as St. Hierome relates . St. Hilarius who was another Father of the Primitive Church , was also Bishop of the Picts in France , where he composd his excellent Works which are partly Expository , partly Controversial , though ther occur often some African barbarous Latin words in them , as disfrocite for degenerate , Zabulus for diabolus , &c. What a multitude of Hevenly Martyrs hath France had ! for in all the ten Persecutions ther were some of them signd still their Faith with their bloud . In the Emperour Valerians time ther were famons French Martyrs , as Florentius Bishop of Vienna , Pontius Cassius Victorinus , Liminius , Anatolianus , with others whom Gregory Turonensis mentions , and whose names are enrolld in the Catalog of Saints to all posterity . And this was a little before the unluckly Novatian Heresie crept into France , and infected divers other Countries . Nay , to go higher up , and to the very source of Christianity , ther are some Authors who avouch that St. Paul was in France , and that the chief Church in Vienna was built by him , as this ancient Verse there engraven shews : Paulus praeco Crucis tibi dat primordia Lucis . Ther be other Authors who affirm that St. Peter also was in France ; And that ther landed at one time in Marseilles Lazarus , Mary Magdalen , Martha and Marcella , as it is recorded in a Manuscript of the English History in the Vatican wherof Baronius makes mention ; And about that time Ioseph of Arimathea , that Noble Decurion , passd through France into Britain with the foresaid Marcella , who was she that is mentiond in the Gospel , who being divinely inspird , cryed out with a loud voice when Christ was preaching , Happy is the womb that brought Thee forth , and the paps that gave Thee suck . Spencaeus also makes mention that St. Luke was in France ; As also Savinianus one of the 72 Disciples , and Martialis another of them , who some do affirm to be He who sold the five Barly Loaves and the two Fishes wherwith our Saviour fed five thousand . And if the Holy Reliques of blessed Saints may adde to the Nobleness of a Country , the Churches of France are full of them ; Reperies in Francia ( as Cassanaeus relates ) omnes Christi Exuvias , quippe praeputium , Inconsutilem togam , Spineum diadema , Crucem , Clavos , Spongiam , Lanciae cuspidem , & cum qua sepultus est sindonem . You will find in France all the Exuvias or Spoiles of Christ , his praeputium , his seamless coat , his Cross , the Nayls , the Sponge , the point of the Spear , and the Winding-sheet wherin he was buried . Cassanaeus goes further , and says , that in Burgundy the body of Lazarus is buried , as also Mary Magdalens ashes are kept in a noble Chest , and likewise those of Martha , Martialis , and of the three Maries . Adde herunto the most precious head of Iohn Baptist , and the finger wherwith he pointed at the immaculat Lamb of God. The eleven thousand Virgins are yet kept in France ; And likewise the reliques of St. Denis , Martin , Cosma , Damianus , Sebastian , with other Christian Hero's are to be found in France ; As Claudius and Edmundus , whose bodies , bones and flesh are to be seen to this day , and are frequently visited by Pilgrims . Ther are also to be seen the three Twins , St. Geneveva , St. German , St. Hilary , with sundry others . I must not omit the Body of St. Quintinus a great Martyr , who hath a Town of his name to this day , which formerly was calld Samarobrina from the River Samoria ; which Martyr after many persecutions and punishments under Dioclesian and Maximinianus was at last beheaded ; his body and head were thrown into the River Samoria , where it lay many years , until a Roman Matron calld Eusebia being warnd by an Angel came to search for the body , which being found , it immediatly cur'd her sore eyes ; and so she put the body and head under ground , wheron since a mighty Sanctuary was erected bearing his name , and calld St. Quintin : 300 years after , in the raign of King Dagobert , his body was taken out of the earth and put in a gold Chest , where it remains to this day , and wherunto a great confluence of Pilgrims do frequently resort by reason of the great miracles that he hath wrought in point of health to many thousands ; all which particulars Cassanaeus relates . Touching the Nobleness of the French Fabriques erected and consecrated for the worship and service of God Almighty , as Basilicas , Temples , Churches , Sanctuaries , and other Domes of Devotion , the whole earth hath not fairer or more magnificent ; as also Priories , Abbeys , Convents , Monasteries , &c. What a glorious and indeed admired structure is the great Carthusian Monastery in Provence ! It may be calld a little Christian Commonwealth of it self , and hath Revenues able to bear up the port of a Souvrain Prince . Now ther is no Church upon the surface of the Terrestrial Globe that is comparable to the French in Revenues and Riches ; for the last computation which was made , the Revenues of the Gallican Clergie amounted to above three hundred and twenty millions of Livres ; a stupendous sum ! And indeed They need have so much ; for besides such a world of Abbots , Priors , Monks , Priests , and other Ecclesiastical Dignitaries , ther are in France 15 Archbishops , and 150 Suffragan Bishops ; and such is the honor which is born there to the Mitre , that they are all Privy-Counsellors by their Dignity , and by the Laws of France , though few do come to the said Council unless they have an intimation of the Kings plesure by particular Letter . The fifth Argument , A Nobilitate Subditorem , from the Nobleness of Subjects . IN the third Argument going before , ther were some touches of the French Noblesse and Gentry , how numerous they are , and the many ways of Preferment the King hath for Cadets or younger Brothers , wheras the elder use to have great Estates of their own ; For indeed some of them have mighty Fortunes by Patrimonial Inheritance . The last Duke of Guyse kept a House like a Souvrain Prince ; he had above two hundred Gentlemen waited on him as menial servants , and having Domestik dependency , unto whom he gave such a liberal allowance and long Leases out of his estate , that they might live like Gentlemen ; which made one tell the Duke that he had turnd all his Estate to Obligations ; meaning that he had obligd so many unto him by his munificence and bounty . Yet ther are three sorts of Subjects that live but poorly in France , which are the Roturier , the Vigneron , and the Peasan . But they who dwell in Towns , and have any Profession or Trade , live well enough : But the main wealth of the Country is among the Gentry or Noblesse , who live plentifully and well . Among divers others , ther is one singular quality in the French Gentry , that they are extraordinarily affected to their King , and they are pleasd in nothing more then to have access , and see him . Ther is a world of examples how close they have stuck to him in the Wars when his person was in hazard , and rescued him though danger and death were inevitable in the Action . For Horsmanship and Chivalry they surpass all other ; and indeed ther is none that becomes a Horse so well , and hath a more comely seat on his back then a French-man . Adde herunto that the French Noblesse are naturally Valiant , quick and hardy , not onely in the Wars , and publick Engagements , but in privat Feuds , ther being more Duels fought there then in all Christendome besides . Nor is ther any Nation more covetous of Honor , or more careful and tender to conserve it when they have it . I will conclude this Argument in brief with the opinion of a famous Poet , who sings thus of them : Gallia fert acres animos , & Idonea bello Corpora , non illis ausit componere sese Thracia quae Martem genuit , non Parthia versis Quaebellatur equis fugiens , licet inclyta Crasso Facta sit extincto signisque superba Latinis . Quas Gentes olim non contrivere ? per omnem Invecti Europam quasi grando Aquilone vel Austro Importata gravi passim sonuere tumultu . Scit Romanus adhuc , & quam Tarpeia videtis Arx attollentem caput Illo in monte superbum ; Pannones Emathii norunt , scit Delphica Tellus Quam nisi terrificis subito convulsa ruinis Oppressisset eos , non defendisset Apollo . The sixth Argument , A Plenitudine Potestatis Regiae , from the Absolutness of Royal Power . THer is no Monark among Christians that hath a more plenary and absolut power then the King of France , take together all the Prerogatives that a King is capable of . He only can make Peace , or denounce War ; He only can convoke , discontinue and dissolve Parlements , I mean the Assembly of the Three Estates ; He only can pardon ; He only can naturalize and ennoble ; He only can put value upon Coin ; He only can press to the War : Nay , He hath power not only to do all this , but he can make Laws , and impose Taxes at pleasure ; All which he doth by his own Royal Edicts . For as touching the formality that the said Edicts shold be confirmd by the next Court of Parlement , that is , by the next Assembly of the Three Estates , That Assembly is now grown as obsolete as a General Council , for ther hath been none these fifty years and upward . Besides the Real Demeans of the Crown , the King hath to support his Greatness , 2. La Taille ; 3. Le Taillon ; 4. Les Aydes ; 5. Les Equivalents ; 6. Les Equipollents ; 7. Les Crues , ou Augmentations ; 8. L'Octroy , ou Benevolence ; 9. La Gabelle ; 10. Les Imposts ; 11. Le haut passage , or Domain forain , ( for goods exported ; ) 12. Le Trait Forain , ( for goods imported ; ) 13. La Solde de 50000 Soldats ; 14. The Tenths besides . All these Impositions are as old as Lewis the eleventh , who , wheras before most of them were laid and levied upon extraordinary occasions , he found a way to make them perpetual . And if those fourteen Strings touchd before will not serve his turn , he hath power to make more for his Bow when he pleaseth ; and herein the King of France hath the advantage of his two Neighbouring Kings : This is that indeed which makes him so potent ; Hereby he can lade an Asse with Gold when he will to break in through any Wall though otherwise never so inexpugnable . It is a full Purse that makes a King both feard at home , and formidable abroad ; wheras the contrary makes him but a kind of Scar-crow King , as the Spaniard tells us in his Proverb , Don sin dinero no es Don , si no Donayre . I will conclude with the Greek Poet , who sings to this purpose very elegantly : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Wherwith the Latin doth verbatim and exactly correspond both in sense and verse : Argenteis pugna telis , atque omnia vincès . Fight with Silver Weapons and thou shalt conquer all . The seventh Argument , A Potentiâ Regni , from the Strength of the Kingdome . THer is not such an intrinsique united Power , such a knot of Strength any where as France is : Ther are in France thirty thousand Parishes , so that taking but ten men out of one Parish with another , an Army may be composd of two hundred and fifty thousand Combatants ; besides the City of Paris , that huge Mass and Miscelany of all Nations , which may furnish well-neer as many more : And it may be said that France was never so powerful since the time of Charlemain as now she is , nor so entire , and that for many reasons . First , in regard that the Hugonots , or they of the Protestant Religion , are reduced to an exact subjection , who indeed were the greatest weakness of France before ; for oftentimes they servd as Dark Lanterns to other Princes both abroad as well as at home , to put Combustions in France at plesure . They might be calld Regnum in Regno , having such a considerable strength as above 200 Towns , in many wherof they kept Garisons , for the maintenance wherof the King himself was to contribut by Article . Two of these Towns commanded the great River of Loire , and others were neer the Sea , so consequently fit to receave Forren assistance , as Rochel , the taking wherof did much startle Spain , who had she foreknown that England could not have done it , she wold have sent assistance her self : which made Cardinal Richelieu to raunt that he had taken Rochel en depit de Trois Roys , in despite of three Kings , viz. the King of England , the King of Spain , and the King of France himself , who was a great while averse to that business . But now all those Towns of caution and safety the Hugonots had , are dismantled ; besides , they have no Garison any where , so that they are to relie for the future soly upon the Kings savor , wherby they are brought to a perfect pass of obedience ; which great Five Kings of France before the last endevoured to do , but could never effect it . Secondly , France is far more powerful because of the three Keys which Richelieu said he had got , viz. Brisac to enter Germany , Pignorol to enter Italy , and Perpignan to enter Spain at plesure , having therby besides added to France the whole County of Roussillon . Thirdly , because he hath got in a manner all Lorain , which was formerly a Countermure twixt France and Germany , being engagd by homage to the Empire . Fourthly , he hath got the Garison of Strange Soldiers which were in Orenge to be dismissd , and the Castle as good as dismantled ; which lying within the bowels of one of his own Provinces , might be said to be another weakness to France . He hath also got the Italian Garison in Avignon to be casheerd , which also was another inconvenience to France lying within her Verge , and hath made himself Master of the place , though it was part of St. Peters possession above 300 years . Lastly , he hath Graveling with Dunkirk and other Towns in the Netherlands . All which considered , it may be said that the power of the Kingdome of France is much more improvd then it was formerly in many hundred years . The eighth Argument , Ab Opulentia & Fertilitate , from Wealth and Fertility . IN one of the former Arguments we spake of the four Staple Commodities of France , viz. Corn , Salt , Hemp and Wines ; To these may be added Silks , Oyls , Woollen Stuffs , and Saffron ; All manner of delicat fruits , as Orenges , Lemons , Cytrons : The Lady Flora also hath one of her choicest houses of plesure there , as well as Ceres and Bacchus , ther being such abundance of choice fragrant flowers to be found in evry Garden ; As likewise all sorts of Edible Roots and Salade-Herbs . Pomona also may be said to have her best Orchard there , for the excellentst Cyder is made in Low Normandy ; and those who are habituated to drink it , are observd to have cleerer Complexions then others who have only Wine for their drink . Ther are not more delightful Medows and Fields on the surface of the earth , such huge herds of Cattle , and variety of Stuffs and Cloth made , which makes Le. Drap de Berry in such high request ; with the most curious rich Sattins and Velvets of Tours . Ther is not such a Beau-die , such a Scarlet Die in any Country . What thick swarms of Bees , and delicat Hony is found in every Peasans Garden ? What delightful Woods and Lawns , Chaces and vast Forests , with whole Hosts of huge headed Deer , ( and other Beasts for Venery ) range up and down ! Such Forests that the Sylvan Gods themselfs are seen sometimes to hunt in them : As ther is a rare Passage recorded by the Bishop of Rhodes in his late Annals of Henry the Fourth , that at a great appointment of Hunting one day in Fountainbleau , as the King was in the heat of his chace , ther was another cry of Hounds and Horns heard , which afterward coming neer , a black man plainly appeerd to all , who cryed out three times , Amendez vous , Amendez vous , Amendez vous ; and so he and his Hounds vanished : The Wood-men and Officers of the Forest being questiond about it , they answerd , That that black man was often seen to hunt there with his Dogs , and wold suddenly disappeer , but he never usd to do hurt to any body : And surely this could not be the Devil , as some poor shallow-braind Authors do assert all Spirits of the Air to be . Go to the Bowels of France , and she is full of Mines , and Marble in many places , with great plenty of Iron , ( the best and worst thing belonging to humane use . ) Look upwards towards Heven , and you shall see the Air throngd with Volatils of all sorts . Nor is ther any Country on earth so conveniently waterd as well with Sources and Sanative waters , as with great Navigable Rivers ; which makes evry part of the Country communicable one to the other in point of mutual commerce , for all the great Towns are situated upon some Boat-bearing Rivers : And besides , they are so delightful , that some of them are said to be embroderd with Swans , borderd with Crevices , and pavd with Troutes , with all sorts of delicat Fish : Insomuch that ther is nothing which Air , Earth or Water can affoord as well for Voluptuousness and Lux●… , as for necessity and common sustenance , but France affoords it in a kind of exuberance . Paris is such a place of infinit provision , that Monsieur Vigner said , If he were to give a Treatment to the most luxurious Feasters among the Romans , ( were they alive ) as Apitius , Lucullus , Pompey , with many more , he wold desire but one days warning to do it , and they shold be so servd that they wold confess they never found the like in Rome . How many Ordinaries are ther in Paris of Pistol-price , and the Tables servd all in Plate ? Which makes the Italian Poet break out very ingeniously into the praises of France , thus : Gallia Terreni pars est non infima mundi , Sed longè latéque patens — Terra Hominum , Frugúmque ferax , Armenta , Gregésque Uberiùs pascens , plebis non languida Coelo Tabifico . Non mortiferis infecta venenis Ut Lybiae , non perpetuis adoperta pruinis Sicut Hyperborei Montes , non torrida ab aestu Qui faciat steriles , ut decolor India , campos . Non etiam noctis pallens semestribus umbris , Quale sub Arcturo positum Mare , & ultima Thule ; Sed nec ut Egyptus quia fusa palustribus undis , Sed Coelo , & tenerae faecunda uligine Terrae , Venatu , Aucupio campos , Montana , lacusque Sallicitant , bellandi usu laetantur Equorum Terga fatigantes , loricae , hastilia , & arcus . Deliciae Genti sub dio ad sydera somnum Carpere , fuscari sole , & ferrugine pulchrum est , Pulvere conspergi , & graviùs sudare sub Armis Pro Patria , pro Cognatis , pro Regibus ire In pugnam , & gladios , & morti occumbere dulce est . The ninth Argument , A Fortitudine & Rebus in Bello actis , from Valour and Exploits performed in the War. IT is recorded in good Story , that Alexander the great Founder of the third Monarchy , viz ▪ the Greek , hearing much of the Fortitude of the Gaules , and it seems having read of the great Exploits performd both in Italy , by ransacking Rome , as also in Greece her self , under the conduct of Brennus that valiant Britain , the Cadet of Mulmutius Donwallo the famous Legislator , and first King that wore a Crown of Gold in Great Britain many hundred years before the Romanes entred : I say , that Alexander hearing so much , and reading of the Martial Achievments of the Gaules , ( now French ) sent to know of Them , What they feard most ? They answerd , Ne Coelum rueret , Lest the Heven shold fall : A magnanimous answer ! And the French Nation must by natural inclination be magnanimous and Martial , because the Astronomers who are so conversant with Hevenly Bodies , and their virtual power in relation to Earth , affirm , that the Planet Mars is the Ascendent of France , and hath a peculiar influence upon that Nation more then upon any other . To pretermit for brevities sake many other victorious Kings who had raignd formerly , what a triumphant Hero was Charlemain ! He vanquishd the Saracens in the Holy Land , He freed Spain from them ; He was a mighty Champion of Christ , and of the Roman Church : For He restord two Popes , viz. Adrian and Leo , the one being besiegd , the other banishd , and living in exile . This was the Prince who repaird the Western Empire being almost mouldred into dust , and raysd it to as high a pitch of sublimity as ever it was , by congregating the scatterd Dominions therof : This was He who overthrew the Tyranny of the Longobards which his Father Pepin had begun , and quite freed Italy of them , where they had lived and lorded above two hundred yeers . He subdued the Empire of the Huns , securd England , tam'd Bavaria , subjugated Spain , and possessd Italy . He drive the Moors out of Corsica , the Carthaginians out of Sardinia , the Saracens from the Baleares Insulae Malliorca , &c. This was he who trounc'd the Bohemians , checkd the Impiety of the Danes , broke the fierceness of the Sclavonians , and reducd the Saxons to Civility . This is He whom all the Oriental Princes admird , ( as well as the West ) receaving their Ambassadors laden with rich presents , and desiring a frendship and confederacy with him . This is He who was the founder of the University of Paris , being very learned himself by the Instructions he receavd from Alcuin that famous English-man . This was that pious Prince who confirmd the Donation which Constantin the great his predecessor made unto the Holy Father the Vicar of Christ of the City of Rome , and conferd also upon Him the Exarchatship of Ravenna : Therfore was he as deservedly as gloriously Crownd in Rome Emperour of the West , and the Title of Christianissimus given Him , the Empire continuing in his Race by direct Line above a hundred and ten yeers . What glorious Expeditions have bin made since in the Holy Land by five several Kings of France in person ? Me thinks I behold Godefroy of Bouillon being countenancd and assisted by the French King , and having morgagd some part , and sold the rest of his Duchy for that Enterprise , marching with a huge Army through Germany , Hungary and Greece , and so passing to Asia to encounter the Forces of Solyman the Ottoman Emperour , and Chalypha the Soldan of Egypt , with other Infidel Kings whom he put to flight , making himself Master of Nice , of Antioch , and Hierusalem her self , with the Holy Sepulchre of Christ. Me thinks I see Him when he was to be crownd King of Ierusalem , throwing away the Crown of Gold , and taking one of Thorns in imitation of our blessed Saviour . Me thinks I see all the Princes therabouts Tributaries unto him , and bringing him rich presents , though He himself went clad but in the habit of a common Gregarian Soldier ; wherat some of the said Princes being astonishd , askd , How comes it to pass that so great a Conqueror who hath shaken all the Eastern world shold go so plain and homely ? But to draw to a conclusion of this Argument , let 's descend lower to some of the Modern Kings of France , and the two last will afford matter enough to confirm the Fortitude of the French Nation , viz. Henry the Fourth , and his Son Lewis the Thirteenth : Concerning the first , Valour and Fortune may be said to contend which shold entitle him Henry the Great ; They both strivd for mastery in Him , and which shold overcome : He was Conqueror in four signal Battails ; In thirty five hot Skirmiges ; In above a hundred personal Encounters , with the siege of about three hundred several places , wherin He provd always Victorious ; which makes his memory to continue still fresh in France , and makes new impressions from Fathers to Sons to render it eternal . Ther is scarce any considerable Town but hath his Statue in Brass or Marble , and Pictures innumerable ; insomuch that one said , Una Henrici Oblivio erit occasus Humani generis , The Oblivion of Henry alone will be the end of Mankind : But for a tru Character of him , I will insert here that which is engraven on the Cheval de bronze , the Brasen Horse on the Pont-Neuf in sight of the Louvre his most Royal Castle in Paris ; which character runs thus : Ie suis Henry grand Honneur de la Terre , Astre de Paix , & Foudre de la Guerre ; L'Amour de Bons , la Crainte de Pervers , Dont les Vertus meritoient l'Univers . Henry I am , the Glory of Mankind , The Star of Peace , and Thunderbolt of War ; The spur of Vertu , scourge of Vice ; A Mind That merited to sway more Scepters far . Touching his Son and immediat Successor Lewis the Thirteenth , he also did mighty things . He began to bear Arms , and wear Buff almost when he was no higher then a Sword , at which height they say the Kings of France are out of their Minority : but before he came out of His , he repressd two ill-favourd Commotions in Poitou and Britany . He continued Conqueror all his life-time , nor did He know what it was to be beaten . He bangd all his Neighbours round about him : He clammerd twice with his Armies ore the Alps , and came back again , having done the business he went for . He climd likewise with his Troops up the Pyreney Hills , and establishd a Viceroy in the Kingdome of Catalonia . He crossd ore the Meuse , and made many deep Hacks in the Ragged Staff. His Horses foorded ore the Rhine , and helpd to cuff the Eagle ilfavouredly in the German Air. And lastly , He foyld the English at the I le of Rhe. These were Exploits abroad . At home also within his Kingdome He did marvailous things , by suppressing so many Civil Insurrections ; and lastly , by debelling the Hugonots , which his five immediat Predecessors could not effect , though they attempted it many ways : Then which Action nothing could conduce more to the security and improvement of the power of the French Crown , and the tranquillity of the Country . The tenth and last Argument , Ab Exemplo & Authoritate Historicâ , from Examples and Historical Authority . THe Arguments which went before may be said to be Embroderies and Florishes of Reason ; yet those Florishes were wrought upon good Substantial stuff : but this last Argument hath more of solidness , legality and weight in it , for it consists of Examples , and Historical Authentik Proofs of Antiquity , which the Logitian tells us is one of the strongest way of Argumentation . We will not make such over-curious Retrospects as to look on the times before Charlemain , though ther be divers examples that ever since the time of Clouis , who was the first Christian King of France , ( which was above 300 years before ) which prove that the Kings of France had Prerogatives of Session , and Precedence both of Place and Person next to the Emperour . But since Charlemain had the title of Christianissimus given him , ther be divers cleer and convincing proofs , how after the Empire was devolvd from Charlemains Race to the houses of Saxony , Suevia and Austria ; nay since Austria came to the highest cumble of greatness and multitude of new Dominions , the Kings of France have still had the Antecedence both in General Councils , in assisting the holy Offices of the Church , and in attending the Popes Person . Now t is known that the Court of Rome , with the Rules and practice therof , is fittest to determine this Question of Precedence . Mausonius and others have it upon good record , how Anno 1564. Pope Pius the fourth passd a solemn Decree , That the Kings of France ought to have the Precedence of any other King. Nor indeed in former Ages did any King contend with him herabouts but the King of England . The Spaniard did but of late years stand for it ; it is but since the Raign of Charles the fifth . And as the Kings of France before claimd it as succeeding Charlemain , so the Kings of Spain wold challenge it as succeeding Charles the Fifth . Yet in the famous Treaty at Vervins 1598. after long Concertations and canvassing of the point Pro & Con , the Spanish Ambassadors made a Cession of Precedence to the French ; And Baldus the great Civilian , as Purpuratus relates , affirmeth categorically , Nemo praesumat Honorem super vexilla Invictissimi Franciae Regis . It is tru , that some Writers rank Kings thus ; The King of Hierusalem , the King of France , the King of Sicily , and the King of England ; which four are the only Anointed Kings : And for this they shew an old Manuscript of the Church of Rome , calld Provincialis . Saint Gregory writes to Childebert , Quanto caetero●… homines Regia Dignitas antecellit , tanto caeterarum gentium Regna Regni vestri culmen excellit : As far as Royal Dignity excels all other men , so far doth the glory of your Kingdome excel others . H●…norius the third says , Reges Gallorum opposuerum se tanquam marus inexpugnabilis pro populo Christiano : The Kings of France opposd themselfs as an inexpugnable Wall for the Christian People . Gregory the ninth saith , Regnum Galliae est quasi Pha●…etra quam Christus sibi circa femur accinxit , ex qua sagittas electa●… extr●…hens , 〈◊〉 ●…t sibi gentes & Regna subjiciat , in arcum brachii potentis em●… : France is a Quiver which Christ tied to his thigh , whence he draws Arrows for the subduing of Nations and Kingdomes , &c. Now , touching the point of Precedence , the notablest Contests that France hath had , have been with Spain in the Council of Trent , which lasted so many long years by intermissions : the relations wherof lie scatterd up and down in divers Histories , but we shall endeavour to give here a distinct and uninterrupted Narration thereof , but first we will speak of a signal Contest in Venice . The famous Contest twixt the most Christian and Catholique Kings in Venice , as also in the Council of Trent . IT is well known how that before the rearing up of that huge Colosse of the House of Austria , which was Anno 1516. when Ferdinand of Aragon died , Charles rendred himself very potent both in Italy as well as in Spain . But he encreasd more strength after the death of Maximilian , being chosen Emperour in his place , at which time he was mounted to the highest pitch of sublimity and power : I say , t is well known how till that time the Kings of France were acknowledged the first after the person of the Emperour , who hath still preference given him before all secular Princes whatsoever . Now , the Question was never Sur le tapis , was never controverted about Priority twixt France and Spain till the house of Austria started up to that enormous greatness . And although before Charles the fifth ther were Six Emperours of that House , and that the quality of Emperour gives precedence to any who legally possesseth the title , be he of what Family soever , yet that Prerogative is not given to any of their posterity being not calld to the Empire . In regard in Electif States the Election adhering only to the person of the Elected , gives the Eminence only to his person , excluding all other ; yea his own Sons unless they be formally elected , although in Successif hereditary patrimonial Estates t is otherwise . Insomuch that the house of Austria hath no more right to the Empire then the house of Saxe , Luxemburg , or Brandenburg , with other Families who were Caesars before them . Another House which much strengthend that of Austria , was that of Burgundy , which yet was feudetary to France , as also the Counties of Flanders and Artois , though the rest of the seventeen Provinces ( which came to Spain by this alliance with Burgundy ) are Fiefs of the Empire . The other Houses who did aggrandize Charles the fifth , were Castile and Aragon ; Castile came to be a Kingdome but after the yeer 1000. And the Kings of England took always precedence of them . Arragon was but a small State , feodary to the Church of Rome , until the Kingdome of Naples which is also a Fief of the Church was annexd unto it . Hereunto as Fortune wold have it , were added the West-Indies , discoverd first by an Italian , and offerd to the King of England . Then by alliance with Portugal the East-Indies came also to the Crown of Castile . This increase of Countries raisd the Spirits of the Spaniard to claim Precedence of France and England , two of the most ancient Christian Kings . And to go more methodically to work , we will divide the State of the house of Austria to three times ; First , to that which preceded the year 1519. when Charles was establishd in the Empire ; The second during his Raign , until he retird to a Claustral Life Anno 1555 ; The third to his Progeny since . Touching the first , t is certain that notwithstanding the promotion of this Family to the Empire , yet it continued still homageable to the Empire : For Philip the Father of Charles the Emperour rendred solemn homage to the Chancellor du Rochefort , and Charles after him for the Counties of Flanders and Artois Anno 1507. so that the said Charles being born in Gant , was born a Vassal to the King of France . That in the Interview of Lewis the twelfth , and Ferdinand of Aragon Anno 1507. at Savona , although King Lewis usd great civilities to Ferdinand coming to visit him upon his own Territories , and so gave him Precedence , yet the world knows that it was but by way of Complement : But before Charles mounted the Empire , this Dispute of Precedence never entred into the Spirit of Spain . In the year 1519. Charles was created Emperour , which Anno 1555. he resignd to his Brother Ferdinand ; and at the same time he made a voluntary and absolut Cession of all the rest of his Dominions to his Son Philip the second , except the Archduchy of Austria , and the dependences therof in Germany ▪ Philip though he succeeded in the Empire to which the Precedence only belongs , yet he endevourd to keep it still , under pretext that he succeeded the Emperour his Father in all his large her hereditary Dominions , who always took place in all Assemblies , Enterviews and Tretises , specially in the great Council of Trent , though it was confusedly , because two qualities were in him of Emperour and King which could not be distinguished or separated . But in the yeer 1555. when meditating upon a retirement he resignd the Empire to his Brother , and all his Kingdomes to his Son Philip , perceaving that his Son could not take precedence of the King of France because he was not Emperour , He made use of another artifice for conserving this pre-eminence for his Son as well as for his Brother . Before his retirement he revokd Don Francisco de Vargas his Ambassador in Venice , who had always taken precedence of the French Ambassador without scruple : Now , after his resignation of the Empire , he sends again the said Vargas to Venice as his , and also his Sons Ambassador joyntly , though indeed he was but Ambassador only to the King of Spain : But he thought to over-reach the Venetian because he employd still the same man qualified in apparance as formerly . Vargas demanded of the Senat the same precedence as formerly , which the Bishop of Lodeve , Ambassador at the same time to Hen. 2. of France , opposd , remonstrating to the Senat that Charles was no more considerable to the world being a reclusd person ; And if the Ambassador of Ferdinand to whom he had transferrd the Empire were present , he wold yeild place unto Him , but he wold not come after the Ambassador of King Philip. The Senat apprehending some ill issue from this Dispute , orderd that neither of the Ambassadors shold be present at the Feast of St. Mark ; and so the business remaind at a stand by the irresolution of the Senat , and the simplicity of the French Ambassador , who at last was contented to give way to the Ordinance of the Republique in favor of Vargas . But Anno 1558. Francis de Novailles Bishop of Acs succeeding him of Lodeve , renewd the Dispute ; and the Ambassador of Ferdinand arriving about the same time , Novailles demanded of the Senat to be maintaind in his Rights , and to have the first place next the Imperial Ambassadors , and so took it couragiously before Vargas , who observing the cunning of the Emperour Charles , ( who died in this conjuncture of time ) was discoverd , and that he passd for no more then for the Ambassador of King Philip , Vargas began to speak high of the Grandeur of his Master , and to display the large Dominions and States he lorded over , far more in numbee then those of the French King ; alledging that these Customs of Honor and Antecedences ought to be alterd according to the times : That his Master was the greatest King of the world , That he was able to assist the Republique with Arms , Men and Mony more then the King of the French , &c. But the Bishop of Acs though much heat intervend , obtaind of the Senat a Deer●…e wherby the precedence was adjudgd him before the Spanish Ambassador ; who loudly complaining therof , the Senat made answer , That the Republik did not trouble her self to examine the greatness of their Majesties , but she found within her Registers that in all Acts both publik and privat , in all Ceremonies , Visits , and Audiences , the Ambassadors of France preceded those of Spain ; wherin she wold acquiesce . This answer offended King Philip , who therupon revokd his Ambassador . But Michael Surianus Ambassador for the Republick in the Spanish Court , defended the Decree of the Senat very vigorously , and in some mesure appeasd the spirit of King Philip , who notwithstanding advancd this question upon all occasions . The greatest endevours he usd , was four years after in the Council of Trent , which was the greatest Theatre of Religion and Honor that had been seen above a hundred years before , wherof we shall give an exact Relation as followeth . Of the Council of Trent . A General Council after the Revolt of Luther Anno 1517. was desird by all Christians , and often proposd by Charles the fifth and Francis the first of France to Pope Leo the Tenth , Clement the seventh , and Paul the third , who at last convokd an Oecumenical Free Council to be held at Trent , which was also kept at Bolonia some part of the time , and ther were ten Sessions made in eighteen months . Then it ceasd until the death of Paul the third , 1549. The Cardinal Iohn Maria de Monte who had bin first President of the Council under Paul 3. succeeded by the the name of Iulius 3. who presently made an Indiction of the Council again , which recommencd at Trent Anno 1550. and lasted also under this Pope above 18 months ; during which time ther were six Sessions : but being summond again by the same Iulius , it ceasd under Marcellus 2. who held the Pontificat but 22 days . Then it continued under Paul 4. Anno 1559. Pius 4. succeeding him , made a new Indiction of the Council again , which began 1561. under whom it lasted two years , during which time the nine last Sessions were made : Insomuch that the whole Council by intermissions lasted about eighteen yeers , from the year 1545. to 1563. but the Council sate together in deliberation but five years , take all the Adjournments together . Now , to understand the Right of the Precedences of Ambassadors , we must know that in the said Council three kinds of Assemblies were made , viz. Congregations General , Particular Congregations , and Sessions . In the particular Congregations the Doctors assisted by some Bishops examined Questions of Faith and Reformation , according to the distribution that was made them ; and in this ther was no consideration had of Precedence or Ceremony ; They were Actions intra privatos parietes , within privat Walls . In the General Congregation all the Prelats assembled , and the Legats presided , who proposed what ought to be treated in the particular Congregations : There the Theologians were heard , and Ambassadors of Princes had audience after their Commissions had been examined . In brief , all things were concluded there which were to be promulgated in the following Session , and Ambassadors had their places there according to their Rank . At last the Session was the solemn day , at which after the Mass of the Holy Spirit , and a Sermon preachd by some Prelat , or great Theologian , the Prelat Officiating , pronounced aloud the Decrees already resolvd upon , which had been approvd by the Fathers by this Canonical word Placet . Now all Ambassadors had their seats of honor in those Sessions , and at Mass ; and this Honor appeerd by the places where they sate , as also by the Censer and Pax which were given them to kiss during the celebration of the Mass. In the Council held by Paul 3. and Iulius 3. Charles the Fifth was Emperour , and without any the least contradiction his Ambassadors preceded all others , though the French scarce appeerd there , and in the 16 first Sessions ther was hardly any Prelat of France : so there was no dispute of any precedence at all , the Emperour having the first rank ; and ther was no occasion at all for any Ambassador from the King of Spain , because it was involvd then in the Empire : yet ther intervend some things which declard the Prerogatives of the King of France . First , in the Bull of indicting the Council by Paul 3. the King of France is namd expresly after the Emperour , and all other Princes spoken of in general terms without any name , in these terms : Charissimos in Christa Filios nostros Carolum Romanorum Imperatorem semper Augustum ; Et Christianissimum Regem Franciscum duo praecipua Christiani Nominis firmamenta atque fulchra or are atque obsecrare instituimus . Then a little after : Supra autem dictos Imperatorem Regemque Christianissimum , nec non caeteros Reges , Duces , Principes quorum praesentia si alias usquam , hoc quidem tempore maxime Sanctissimae Christi Fidei , & Christianorum omnium futura est salutaris , rogantes atque obsecrantes per viscera misericordiae Dei , &c. We have appointed to desire and pray our most dear Sons in Christ , Charles Emperour of the Romans always August , and Francis the most Christian King , the two chiefest Supporters and Props of Christianity , &c. So that ther is no other Prince particularly namd in the Bull but the Emperour and the King of France , the other Kings and Princes go under one general notion , which is a great advantage of Honour to the Kings of France . Secondly , From the entry of the Council 1545. Francis the first of France had appointed for his Ambassadors Claude d' Urfé Seneshal of the Forests , Iacques de Ligneres President of the third Chamber of Enquests , and Dean Peter Danes afterwards Bishop of Vaur : but being advertisd by some Bishops which were at Trent how ther were but little hopes that the said Council was like to have good success , he revokd the said Ambassadors who appeerd not at all in the Council . But Anthony Filiolo Archbishop of Aix being there , and demanding that in the publik Prayers which were made for all Christian Princes , the King of France shold be expresly nominated as he was in the Bull of Indiction : the Legats eluded this demand , insomuch that the Pope and the Emperour were only namd in the Prayers , and all other Princes conceavd in General terms . In the yeer 1546. King Francis 1. sent Peter Danes Bishop of Vaur for his Ambassador to the Council , where making an eloquent Oration , he represented the sad state of Christendome , and the disorders which were crept into the Church , yea into the Roman Court : wherupon one Bishop laughd , saying , Gallus cantat , The Cock crows . Danes replied suddenly , Utinam illo Gallocinio Petrus ad resipiscentiam & fletum excitetur ; I wold to God that by this crowing of the Cock Peter wold be raisd up to repentance and tears . And this saying was afterwards in evry ones mouth . In the yeer 1547. Paul 3. in regard of the Plague and Wars then in Germany , transferrd the Council from Trent to Bolonia : but this he did , Communicato etiam Consilio cum Imperatore , Christianissimo Rege , & aliis Regibus ac Principibus Christianis , where the King of France is particularly namd . In the yeer 1551. when Iulius 3. had re-established the Council again at Trent , although Hen. 2. the King of France had entred into a hot War against Pope Iulius for the Affairs of Parma , yet he employd Iaques Amyot Abbot of Belosana , and afterwards Bishop of Auxerre with a Letter bearing this Inscription , Sanctissimis in Christo & observandis Patribus Tridentini Conventus . Which Letter the said Amyot having delivered to Cardinal Crescentius President of the Council , and the Secretary having read the Inscription , the Spanish Bishops cryed out , That it was a wrong done to the Council to call it Conventum , a Convention , therfore protested against it . Nevertheless after long dispute upon the signification of the word Conventus , it was concluded that it might be taken in good part . The Elector of Mentz to apologize for France , stood up and said , How shall we receave the Papers of the German Protestants which we call Concilium Malignantium , if we reject the King of France's Letter for calling us Conventum ? Hitherto Charles the Emperour being also King of Spain , ther was no Question of Precedence : but at the third Indiction of the Council by Pius 4. Anno 1561. ther were divers clashes happend twixt the French Ambassadors and those of Philip , which engendred great jelousies twixt the two Crowns , and high Contests which happend principally from the imprudence of Pius 4. In his Bull of Indiction he used other terms then Paul 3. and Iulius 3. did ; for he names not the King of France as formerly , but involves him under the general notions of other Christian Princes : Therupon Philibert de la Bourdesiere Bishop of Angouleme , Ambassador for the King in the Popes Court , complaind of this omission in the Kings name ; yet with a protestation , that notwithstanding this misprision and prejudice to his Crown , he wold not hinder the continuance and progress of the Council whither he had commanded his Bishops to repair . The Pope made answer , that he had given order to some Cardinals to draw the Bull , and it seems they had not been careful of this punctilio : for having namd the Emperour , they judgd it not so necessary to name all Kings , but to comprize them under one general notion : wherupon the French Ambassador replyed , That it was one of the Prerogatives of his most Christian Majesty not to be involvd in generals , but in express terms . The Pope rejoynd , That he could not foresee all things , and for the future ther shold be a care had ther shold be no such omission . In the yeer 1562. ther arrivd at Trent , Lewis de Saint Gelais , Lord of Lansac ; and three days after Arnaud Ferrier , and Guy du Faur Pybrac , Judge of Tholouse , who were receavd very honorably by the Council : nay , a gr●…at part of the Prelats subject to the King of Spain , went out to meet them ; but Ferdinand de Avalos Marquiss of Pescara and Ambassador to King Philip , departed from Trent three days before , and retird to Milan , wherof He was Governor , under pretext that ther were some apprehensions of danger from the Hugonots of Dauphine , and from the Swisse ; But in effect it was to avoid the meeting of the French Ambassadors who took place in the General Congregation next the Imperial . The Lord of Pybrac made a notable Oration , wherin speaking against the enormities of the Church , the small progress the Council had made in so long a time , and also for freedome of Opinions , it was not fit to stand waiting of things so long from Rome : and being seconded by Lansac and Ferrier upon the same subject , the Pope complaind therof , and spoke loud that the King of France had not sent Ambassadors to the Council , but rather Advocats for the Hugonots , &c. The French Bishops arrivd afterward at Trent in November , conducted by the Cardinal of Lorrain , who was receavd honorably by the Cardinal of Mantua , and other Legats ; but hitherto the point of Precedence was not touchd . A little after the Arrival of the Cardinal of Lorrain , and the Gallican Bishops , Philip the second having revokd the Marquiss of Pescara , employd to Trent Ferdinand Quiniones Count of Luna in quality of Ambassador , who having passd before to Germany to be assistant at the Coronation of Maximilian Son to the Emperour Ferdinand , the Count of Luna desird to know of the Fathers of the Council what place he shold receave . Therupon the Cardinal of Mantua the chief Legat having consulted the Ambassadors of France , and the Cardinal of Lorain , he proposd unto them a form of Accommodation , That concerning them they shold hold their place next the Imperial Ambassadors , and another place shold be given the Count of Luna opposite to the Legats on the other side , or after the Ecclesiastical Ambassadors , or in some other part out of the bank of Ambassadors . Wherunto the French replyed , That they were employd by their King not to judge of Processes , or decide the Rights of King Philip , who was a good Frend and Brother-in-law to Charles the ninth ; But if any offerd to take that place which was due to them , they were resolvd to defend it against any person whatsoever . And if the Council wold question it , they had in their Instructions order to withdraw themselfs with all the French Prelats , and to protest against the nullity of all resolutions that shold be there transacted . To this the Legat made no reply . This Answer in apparance was fair and generous , but in effect it gave occasion of affronts , which afterwards were done to the French at the Council , and tended to strengthen the pretensions of the Spaniard , which continue to this day . For the Right of the King of France is not only to be immediatly next the Emperour , but to see all other Kings come behind him : insomuch that it was the French Ambassadors duty at that time to stand still upon it , and oblige the Count of Luna to take his place after them ; but to permit him to sit elswhere , was to cut out matter for a Process : For although the French Ambassadors did hold their places , yet to suffer the Count of Luna to sit apart , was tacitly to receave him into an equality : Insomuch that as well in this first rancounter as afterwards when the dispute happend in the General Congregation , the Cardinal of Lorain was blamd that he was not punctual enough in things relating to his Masters Honor. In the yeer 1563. the Legats apprehending some clash twixt the Spanish and French Doctors in point of Precedence of delivering their Opinions , ordaind , that without distinction of Nation evry one shold speak according to the antiquity of his Doctorship . And because ther were some French Doctors that were more ancient then the Spanish , yet not permitted to speak first , the Legats quickly satisfied them , saying , That the Doctors do not represent the Prince his person as Ambassadors use to do . But to compose these differences which grew very high , the Doctors were divided to four Classes ; and it was orderd that those which were sent from the Pope being de Iure to speak first , the French Doctors shold speak next ; which was accorded by the Legats : Therfore it was voted that after Salmeron the Jesuit , and the Popes Theologue , Nicholas Maillart Dean of the Faculty in Paris , shold speak , and after that , evry one shold speak according to his reception into the degree of Doctor , which was practisd accordingly . But to content the Spaniard , it was couched in the Register of the Council , that the French Doctor Maillart had spoken according to his antiquity into Doctorship , no relation being had to precedence of Nation . In the same year 1563. on Easter-day the Count of Luna was receavd at Trent ; at his entry he marchd between the Ambassadors of the Emperour and the King 's of France . This action passd with much honor and civility twixt both Nations ; and the same time the Cardinal of Lorain writ to the Emperour Ferdinand , who was then at Insbrug in the County of Tirol three days distant from Trent , upon divers affairs of the Council , and at the end prayed him to find out some temperament for allaying the dispute of Precedence twixt the two Crowns . But this clause of the Cardinal to the Emperour was blamd by divers , for he shold not have desird a temperament in the business , but demanded Right . The Emperour made answer , That it did not concern him to determine the Differences twixt the two Kings in this particular ; But to speak his sentiment herin , He thought that if the French Ambassadors come immediatly after His , and that none disturbs them , what matter is it where the Spanish Ambassadors sit ? But these words were held to be of dangerous consequence : For in point of Precedence , whosoever quits his place is presumed to scorn it , and seek after a higher ; which cannot be done without a prejudice to them who sate higher before . Upon the 21 of May , at the General Congregation , the intention of the Spaniards appeerd more cleer : The Count of Luna after the foresaid solemn Entry absconded himself for 40 days , without appeering openly in any Ceremony or publik Act ; and so being puzzled what cours to take in this busines , Somtimess he resolvd to enter the Assembly in the midst of the Emperours Ambassadors , aud after they were ●…ate to stand by them while his Commission was verified , and then retire to his House . But thinking this cours not generous enough for his Masters honor , He prayed the French Ambassadors not to be there that day ; which being denied him , the Spanish Bishops proposd that Secular Ambassadors shold be prayed not to enter into the General Congregations , but only the day of their Reception , and that They wold be contented to assist the Ceremony at the Session only ; alledging , that it was practisd so in other General Councils . But all the Ambassadors did mainly oppose this . Then it was privatly suggested to the Spanish Bishops by the Count of Luna , that they shold propose some point that might make the French Ambassadors Parties , and so not capable to sit in the Assembly . As for example , they shold represent the Domages which the whole Church hath receivd by the peace which the King of France had made with the Hugonots , or some such other thing . But that also taking no effect , and the Congregation being put to delays from day to day by the obstinacy of the Count of Luna , at last that the Affairs of the Council shold not be retarded , the Cardinal of Lorain and the French Ambassadors declard to the Legats , that , provided their place shold remain immediatly after the Imperial Ambassadors , they did not much heed what place the Ambassadors of Spain shold take . This weakness of the Cardinal , and of the French Ambassadors , did scandalize all Christendome ; and in France they blamd Him to have betrayed the Honor of their Master ; Nay , the Fathers of the Council took it in ill part , and at Rome the Cardinal de Bourdesiere who was with the Pope for the King , having complaind of this Spanish Ambition , and of this Innovation introducd against the Ancient Orders , Pope Pius made answer , That he shold blame the French Ambassadors , and their imbecility ; For his part , although he had bin sollicited before and after the Count of Luna's arrival at Trent , that he shold favor this dessein , yet He remaind constant and inflexible ; and He wonderd that the French Ambassadors were wrought upon so easily . The great day of the Congregation being come , and evry Ambassador having taken his place , the Count of Luna enters , and seats himself face to face to the Legats , a good distance from the bank of the Ambassadors ; and standing up , he presents his Orders , and the Will of his Master ; protesting afterwards , that although the first place was due to him after the Emperours Ambassador , as representing the greatest Prince of Christendom , the greatest Pillar of the Church , &c. yet not to introduce any confusion in the affairs of the Council , he deported himself from this Right ; yet with condition that this his Protestation shold be inserted in the Acts of the Council , and that they shold not be printed or publishd without it ; besides , that a Copy shold be delivered Him by the Secretary of the Council . When he had said these words , he took the place which was appointed Him neer the Table of the Secretary of the Council . Therupon the French Ambassadors who were next the Imperials , said , That if the place which they had were not the most Honorable after the Emperours , as it was acknowledgd in all Councils , and namely in the Council of Constance , and in the last Lateran Council held under Leo the tenth ; Or if the place they had given the Count of Luna was any way prejudicial to them , they prayed the Council to provide presently either by Orders , Commandments , Excommunications , or other courses taken in such a case , without having any regard to the person ; But because no body spake a word , and that also the Imperial Ambassadors connivd at this Innovation , although they had equal interest to hinder it as well as the French because it might be disputed on against them , they added , that without any blemish to the Honor of King Philip , and to the alliance of the two Crowns , they protested for a nullity of these Proceedings , and requird that their Protestation might also be inserted in the Acts of the Council , and a Copy deliverd them . After these Disputes , the Fathers of the Council not saying any thing , Fontidon a Spanish Doctor made a Latin Oration in the name of the Count of Luna , wherin he exalted the Grandeur of the King of Spain , His Zeal to Religion , and the Church in such extravagant expressions , and so derogatory to other Princes , that the Imperial Ambassadors themselfs made complaint therof to the Count of Luna , who excusd himself , saying , That that Harang had displeasd Him as much as any other . Now , the Promoter of the Council having made answer to the said Oration , the Spanish Ambassador suddenly went from the Assembly , ( not staying until the Legats had risen up ) it seems of purpose to prevent a Dispute that might happen with the French , which He observd also in the following Congregations , sitting always a part , and going out alone . But the same Order could not be observd in the Church upon the day of the Session , because the mode of sitting was otherwise , and the Ceremonies were more precise in point of Precedencie , as that of the Pax and Censer at the celebration of Masse . Therfore the Fathers of the Council consulted the Pope before the Session , who being gaind by the Spaniards , and thinking also that the French wold shew another trick of weakness , He writ to his Legats , That although in the Session a place was given apart to the Spanish , yet that the Pax and Censer shold be given to both the Ambassadors at one time : But they were commanded to keep the business secret until the very point of the action , to prevent that the French shold make no stir . The day of the Session being come , which was 29 Iune , being St. Peters day , after that the Bishop of Valdasto in Savoy had begun to sing the Mass of the Holy Spirit , ther was suddenly a chair of Black Velvet brought from the Sacristia or Vestry , which was plac'd twixt the last Cardinal and the first Patriark , wherin the Count of Luna sate ; The Cardinal of Lorain , together with the French Ambassadors , made a great noise , and did rise up with an intention to depart , when they understood that the Pax with the Censer shold be presented at the same time : But for fear to trouble the solemnity of the act , they were contented to protest only against it , and to declare that the Right of the King of France did not consist in an Equality , but in Precedence . The Gospel being read , and a Theologue going up to the chair to make an Oration , the Legats , with the Cardinal of Lorain , and the other Cardinals , with the Ambassador of the Emperour , and Ferrier the second French Ambassador , ( for Lansac was returned to France , and had left behind him Ferrier and Pybrack ) I say , all these enterd into the Sextry , whither they calld the Archbishop of Granada , ( a Spaniard ) to find out some way of Accommodation : at last , after many disputes and contestations on both sides , with many entrances and returns of the Count of Luna , it was concluded that Mass shold be ended with the Pax or Censer ; wherupon Luna went out of the Church accompanied by his Spaniards , triumphing as it were that he had made this first pass for the advantage and honor of his Master . This action seemd very scandalous , and the Legats were much cryed down , until at last being not able to bear the outcry , they were constrained to produce the Commands they had receavd from Rome : and the Injury was held the more sensible , because it was offerd to an Infant and Pupil King as Charles the ninth was , who was at the same time assiegd by the Hugonots , and entangled in a Civil War ; The Cardinal of Lorain did write stinging Letters to the Pope , yet all within the compass of Reverence : But Ferrier being a spritful and violent man , cryed aloud , That if at the first publick Masse the Preference of the Pax and Censer was not given to his Master , He wold protest not only against the Legats and the Council , who had their hands as it were tied up , nor against King Philip who made use of these advantages , nor against the Church of Rome , ( towards which he wold never loose due respects ) but against the proper person of the Pope himself , who , as he wold prove , had bought the Pontificat , and so wold appeal from Him to a Legal Pope , and to a free and tru Council ; And if the most Christian King his Master wold convoke a National Council , it shold be as numerous and It is very tru that Ferrier and Pybrak had prepard a most acrimonious Harang against the Pope , and against this Innovation which Ferrier was to pronounce , and to command at the same time all the French Bishops and Doctors to retire home , with a promise they shold return when God shold please to give his Church a Legal Pope , and re-establish the Councils in their ancient and full Liberties . This Harang was printed , but not pronouncd : in the mean time the Count of Luna did glory that the Legats had promisd Him that at the first Masse he shold be receavd in an Equality touching the Pax and the Censer . The Legats apprehending some ilfavourd issue from these rancounters , and because the Ambassador of Poland declard that if the Ambassador of France wold withdraw himself from the obedience of the Council he wold quickly follow him , as the Ambassadors of divers other Princes wold do ; The Legats , and the most advised Members of the Council , specially Madruccio Cardinal of Trent in behalf of the Emperour , thought it expedient to sing publick Masse without giving the Pax or the Censer ; wherunto they had the consent of the Count of Luna . This is the cours which was taken to offer so signal an affront to the King of France , wherof so much hath been spoken , and which hindred the good that was expected in France from this great Council . A little after , the Cardinal of Lorain retird to Rome , and Ferrier declaimd loudly in one General Congregation against the enormities and disorders which had crept into the Church , &c. The Pope took this much to heart , and for to sweeten the business , he sent the Cardinal of Lorain back again to the Council with full authority to regulat , together with the Legats , what was amiss in the Proceedings of the Council . He assisted at the twenty fourth Session held the 11 of Novemb. 1563. the day of the Sacrament of Marriage , and having receavd order from France to retire speedily with all the French Bishops , the Legats hastned the conclusion of the Council , and inorderd that the five and twentieth and last Session shold be held the third and fourth day of December , wherin as before , the French Ambassadors took place , and the Count of Luna sate neer the Secretary of the Council ; and in the publick Masses ther was no speech either of the Pax or Censer . So the Council of Trent finishd the 4 of December 1563. and Cardinal Moron who was then President gave the publik Benediction to the Fathers , saying , Post gratias Deo actas reverendissimi Patres Ite in pace : Most reverend Fathers , after giving God thanks go in peace : wherunto all answerd , Amen . But because the custome is , that at the end of evry General Council acclamations shold be made to felicitat the Popes who had convoqud it , the Fathers who had held it , and the Princes who had assisted , the Cardinal of Lorain took a particular care this shold be performd , for which he was censurd as a care too inferior to his Eminence , which he shold have left to the Deacons , Promoters , Secretaries , and Masters of the Ceremonies of the Council . But above all he was blamd that in the Acclamation made for the Secular Princes , he causd not the name of the King of France to be particularly mentiond , as it was observd in the Bull of Indiction ; and for omission wherof , complaint was made that Pius the fourth did it not , wherof the Cardinal could not be ignorant . Now , the Acclamation that was made in favor of the Secular Princes , ( wherin the name of the King of France was omitted ) ran thus : The Cardinal said aloud , Caroli quinti Imperatoris , & serenissimorum Regum qui hoc universale Concilium promoverunt , & protexerunt , Memoria in Benedictione sit ; Let the memory of the Emperour Charles the fifth , and of the most serene Kings who have promoted this universal Council , be always Blessed . Then , Serenissimo Imperatori Ferdinando semper Augusto , Orthodoxo , & Pacifico , & omnibus Regibus , Reipublicis , & principibus nostris multi anni : Many years to the most serene Emperour Ferdinand ever August , Orthodoxal , and Peaceful ; and to all our Kings , Commonwealths , and Princes . Then the Fathers answerd , Pium & Christianum Imperatorem Domine conserva , Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi : O Lord , conserve the Pious and Christian Emperour ; O Coelestial Emperour defend Earthly Kings , Conservers of the Right Faith. The first Acclamation was for the Dead , wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council . The second was for living Princes , wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council . He excusd himself that it was for the fear he had to put division between the two Kings ; and withal , that Charles of France being yet a minor , he was like to be troubled about matters of Religion in regard of the Hugonots , and might have need of King Philip , therfore it was no wisdom to exasperat Him. Thus have you a kinde of Epitome of the great Council of Trent , specially of the celebrous Contests , Intrigues , Competitions and Artifices twixt France and Spain in point of Prerogative of Place , and Priority of Session . The next Contest was at the Congress of Ambassadors in Vervins , 1598. ( touchd at before ) where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici . The manner of this Accommodation was thus : The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held , had upon his Right-hand the Nuntio , and next Him the Spanish Ambassadors ; upon his Left-hand the Legat had the French Ambassadors , and in that posture they proceeded to negotiat and Treat without any exception or animosities ; wherby the Business producd peaceful and blessed effects , wherof all Christendome did reap very wholsome fruit . After this , ther happend a tough competition upon the same account of Precedence in the Court of Rome ; and when the Spaniard could not prevail there , He went to the Emperours Court Maximilian the second his neer Kinsman , wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France : wherupon Gaspar Coligni protested loudly against this apparent injury , and that it was a sufficient cause to denounce War. But Mendosa the Spanish Ambassador being much pressd hereabouts , and reducd to a narrow streight , found out at last this witty evasion , saying , Se nolle quidem anteire , tamen cogi non posse ut Francorum Legatos sequeretur : If He did not go before , yet He could not be forcd to follow the French Ambassador . Besoldus ( with others who are great Advocats for the Spanish Precedence ) beat their Brains to find out arguments to that effect : amongst which , the greatest is , the multitude of Dominions that have accrued to the Spaniard : whence they deduce this Principle , Ex facto sumitur Ius , Right is to be taken out of the Fact ; and the Fact being changd , the Right also changeth . Therfore the Fact and circumstances of things being changd on the Spaniards side , and respect had to his encrease of Territories , and present condition , it may well alter the former custome of giving precedence to France . Then he takes the Cudgels against England in behalf of Spain , notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians , and that Germany his own Country owes her Religion first to Them ; That the Kings of England are descended of the Noblest Families of any , which makes him instance in King Cunobelinus , whose Coyn is to be seen to this day , who raignd in Great Britain about our Saviours Nativity . He alledgeth further how the King of England is feodary or subordinat to no earthly Power , but is Gods immediat Vicar in his own Dominions : yet he concludes simply and irrationally in these words ; Verùm & Angli nimis antiquis argumentis pugnant , & praesenti Majestati Hispaniae aequiparandi minimè esse videntur : The English fight with too ancient arguments , and seem not to be compard to the present Majesty of Spain . He speaks also as simply , and indeed not without some absurdity , when after those uncontroulable arguments , he saith , Sed porro absonum est quod Anglus Hispano Sessionis litem movet ; It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session . And another great Champion for the Precedence of Spain , viz. Diego Valdez , discourseth as weakly ; for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius , ( which was many hundred years before ther was any in Spain ) & that he confesseth that Summa Ratio est quae ducitur à Religione , yet he wold not have England compare with Spain in point of Precedence : wherby he discovers not only a great deal of injustice and partiality , but also a gross Ignorance in Antiquity , by calling Lucius King of England , wheras this Country had not that Name till the Saxons came in , which was above three hundred years after : For till then t was calld Britannia by all Forreners , and Loegria or Lloygher by the native Inhabitants ; which name continues among the Welch to this day . Nor is this His Error alone , but of many other great Antiquaries , and some of our own Authors , who having no due regard to the computation of time , do very frequently call this Country England many hundred of years before the word was created . Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence : We will conclude with two late Passages which happend in this kind ; One was in the Hague twixt Monsieur de Thou , and Don Estevan de Gamarra the Spanish Ambassador ; whose Coaches meeting casually in a place where ther were two Rails , ther happend a scustle for Precedence ; but a band of Soldiers came and kept them quiet till notice was sent to the Council of State ; who sitting three or four hours about it , at last they gave command that the Rails shold be cut down ; and so the way being left open , the scustle ended . The second was in London twixt Monsieur l' Estrade and the Baron de Batteville , both of them Ambassadors at the English Court , the latter for the King of Spain , the other for France ; A new Danish Ambassador was to make his Entry through London ; and His Majesty of Great Britain having intimation that ther might be some clash between the Coaches of the foresaid Ambassadors if they sent them according to custome to bring in the said new Ambassador , He sent unto them that they wold forbear to send their Coaches because some inconvenience might arise : Batteville answerd , That he wold conform to his Majesties plesure , provided l' Estrade did likewise do so : But l' Estrade gave answer to the Kings Message , That his Predecessor the French Ambassador immediatly before him had receavd a check at his return to France for omitting this ceremony , and so was he like to do if he did not perform it . So both of them sending their rich Coaches and Laquays to Tower-wharf where the new Ambassador was to land , Batteville it seems had taken such a survey of the place , that his Coach stood in such a posture that none could get before it and the Kings Coach : besides , he had causd the Rains and Harness of his Coach to be lin'd with Wire , making them therby poof against the strokes of Swords : so ther happend a hot and fierce Scirmige , ther being Pistols on both sides besides Swords , and the French had some horsmen also ; so the poor Horses were slashd , and some Laquays killd on both sides , and one Spanish Gentleman was killd in the Coach : but Batteville stood firm to his ground , and so his Coach went next to the Kings all the way . News being sent herof to Paris , it was much resented , and the Spanish Ambassador there being confind to his House , he presently dispatchd an Expresse to Madrid ; who being returnd , He sent to the Louvre that he had receavd such Orders that wold give his Majesty satisfaction touching the late Traverses in England , and so desired Audience , which was appointed him the next day : In the interim command was sent that the Princes of the Blood and chief Officers of the Crown shold be there . The Spanish Ambassador being come , and expecting a privat audience , but finding such a solemn meeting , was a little stunnd at first ; yet he went on , and deliverd his Message to the King : which was , that touching the late Contest in England , it was done without his Catholique Majesties direction and knowledge , therfore he wold take a cours that no occasion shold be offerd for such differences herafter . Besides these , he pronouncd other Explanatory words that were equivalent to an acknowledgment of Precedence to his most Christian Majesty , which were suddenly commanded to be registred in the Council for an Act of State , and so to stand upon Record to Posterity . Hereupon ther was a most prudent Act of State passd in the Privy Council of the King of Great Britain , That in regard of the inconvenience and disturbances which did thence arise , his Majesty commanded that no Forren Ambassadors Coaches shall for the future go to accompany and introduce any new Ambassador whatsoever , because his Majesties Coaches are sufficient to accompany them in a fitting Equippage : which Act I believe will be a leading case to all the Courts of Christendome . Before we conclude this Section touching the Right of Precedence which the French King claims of other Princes , we will adde what Mr. de Breves says in his Appendix of the Negotiations in the East , where he says , That in the Raign of Henry the Great he took Precedence of the Ambassadors of Rodulphus the Emperour in Constantinople at the Port of the Turks Court , who values Christian Princes according to the merit of their Might . WE will now proceed to weigh and winnow the Arguments of Spain in order to a Precedence , which we will extract also , and distil out of their own Authors , as Valdesius , Francisco Vasquez , Camillo Borrello , Besoldus , Morales , Augusto Cavaisll , Caranato , with divers others . And let this be a Close to the second Section . The third Section , CONTAINING The Reasons wherby the King of Spain pretends , and claims Priority of Place , and Proximity of Session next the Emperour at all solemn Meetings , and in all Publik Transactions of State , &c. Which Reasons We will reduce also to Ten Heads or Arguments ; The first Argument , Proving , That the Catholik King may challenge Precedence , because Spain is the Noblest Kingdome of Europe , as being always accounted the Head therof . The second Argument , Proving , That the King of Spain may challenge Precedence by the Authority of General Councils , and the Learned Doctors of the Church . The third Argument , Proving , That the King of Spain may challenge Precedence , because Spain first receavd and professd the Catholik Faith ; That the first Christian Church was built there ; The first Council celebrated ; The first Bishop was elected out of Her , The first Emperour created , &c. The fourth Argument , Proving , That the King of Spain may challenge Precedence , because He is the Catholick King , which is a more ancient Title then Christianissimus . The fifth Argument , Proving , That the King of Spain may challenge Precedence because that in magnitude of Kingdomes , in Power and Tresure he excels all other . The sixth Argument , Proving , That the King of Spain may challenge Precedence for Nobleness of Family , and that the Kingdome of France did justly belong to Philip 3. The seventh Argument , Proving , That the King of Spain may challenge Precedence because he is King of Ierusalem . The eighth Argument , Proving , That the King of Spain may challenge Precedence because of free and absolut Dominion , and that he hath Empires under Him. The ninth Argument , Proving , That the King of Spain may challenge Precedence because he hath done such great Offices to the Christian Church . The tenth and last Argument , Proving , That the King of Spain may challenge Precedence because the Catholick Church receaves greater Protection and Emoluments from Him then from any other Prince whatsoever . OF all these Arguments we shall treat distinctly in several divisions according to the former method , and distil out of the chiefest Spanish Authors that write of this subject , the Elixir and strength of their Reasons . But let the Reader take this Advertisement , That he must not expect here the particular Quotations and Marginals wherwith the Spanish Writers use to abound , and which indeed belong to Civilians and Iurists : No , the Author here goes on in a freer and generous way , and the Reader without abusing his Faith may believe what he delivers , being extracted with much fidelity , and care out of the forementiond Authors who write for the Crown of Spain , and in their own expressions ; and so we begin with the first Argument , viz. That Spain is calld the Head of Europe , and consequently the Noblest Kingdome . I. THe beginning of evry thing as it is the hardest , so it is always accounted the worthiest and most Noble part , as being the head and source whence the rest are derivd : so our blessed Saviour is calld Principium & Caput , the beginning and Head wherof all the Faithful are Members : He is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; And his Vicar-general upon earth ( the Pope ) is calld Caput Ecclesiae Militantis , The Head of the Militant Church . For in the Head , as Philosophers teach us , Nature shews her chiefest skill in the architecture and composition of Man ( the Microcosm ) in regard that in the Head all the Senses are placd ; The Eyes which are the Casements of the Soul are there ; The Toung which is her chief Interpreter moves there ; Nay , all her Faculties , as the Will , the Memory , and the Intellect , by which we are distinguished from Beasts , have their dwelling there as in a Capitol : Therfore , as Cassanaeus saith , He is a Monster of a Man who wold compare the Body with the Head. Now , by consent of all , if the Head be the predominant part of the Body , surely He who governs the Head must be more excellent then He who governs the Body ; As the City of Rome being the Capital City of the Christian Empire , the Pope being Bishop of Rome , is acknowledgd the Metropolitan and chiefest among the rest , because he hath the excellentst City and Diocess . Now an Argument for Precedence drawn A Nobilitate Regni , carries much strength and reason with it : Therfore if the King of Spain be He who governs the Head of Europe , it follows that He may be calld the chiefest King. Now , to prove that Spain is so , we will produce these proofs ; First , the Authority of Pliny , who saith thus : Terrarum Orbis Universi in tres dividitur partes , Europam , Asiam , Africam , Origo ab Occasu Solis , & Gaditano Freto , quò irrumpens Oceanus Atlanticus in Maria Interiora diffunditur : The Globe of the earth is divided into three parts , Europe , Asia and Afrik , the Head is from the setting of the Sun , and the Gaditan Frete , which Navigators commonly call The Streights mouth , where the Atlantick Ocean breaking into the inner Seas diffuseth it self . Whence it appeers , that the beginning of Europe is placed in the Gaditan streight . Strabo likewise in his Cosmography , and others of the most ancient and best Geographers concur herin , among whom Nicephorus saith , In Hispania sedes fixerunt quae prima ab Hespero Regio est ; And Lucius Marinaeus Siculus , speaking of the situation of Spain , begins thus : Hispania sicuti Plinius aliique Scriptores tradiderunt , Regio prima in Solis occasu Europae terminos claudit . Abraham Ortelius also in his Theatre of the World , and Cassanaeus confess all this ; and while they compare Europe to a Virgin , Spain is placed in the head of her by the Geography of Ioannes Encys●…s ; And it may be provd by two Reasons that Spain is the Head , First , that since the Terrestrial Orb is begirt with the Sea on all sides , the Sea cannot diffuse it self to visit other Regions but by the Regions of Spain , where the Gaditan Streight is as it were a Fountain , beginning and origine ; where ther is a gate open , and whence as it were from a Head it derives it self through Europe , flowing one way into the Mediterranean , and on the other side into the Ocean , and so protends it self to Asia and Afrik ; insomuch that from this Head the other members proceed , and from this Spring other Seas flow out like Rivers , as Pliny commemorates in another place . Secondly , it make infinitly for the King of Spain , that he doth Lord over the New World where Asia , Afrik , Europe , and divers parts of the East , West , North and South do converse , and where Spain commands as Queen and Head , and reduceth dayly other Regions to the Catholik Faith as Members of that Head. It being thus provd that Spain is the Head of Europe , it remains to prove that it is the Noblest Region , and that it is a Kingdom then which the Sun doth not behold a more large and florishing ; for whatsoever hath Nobleness , Wit or Splendor in it , she hath . Ther is not any thing that can be expected from Nature , Vertue and Fortune , but Spain hath it abundantly ; she hath subdued most Noble Peeple , most Resolut Spirits , most Warlike Nations by Wisdome as well as by Arms : Therfore Spain is to have Precedence after Italy of all other European Regions . Hear what Iustine speaks of her : Hispania neque ut Africa violento sole torretur , neque ut Gallia assiduis ventis fatigatur , seà media inter utrasque hinc temperato calore , inde felicibus , & tempestivis imbribus in omnia frugum genera foecunda est , adeo ut non ipsius tantum Incolis , verum etiam Italiae , urbique Romanae cunctarum Rerum abundantia sufficat : Spain is neither roasted by a violent Sun as Afrik is , nor is she troubled with continual Winds as France is , but in a middle temper twixt both she enjoys a moderat heat with happy and seasonable showres towards the production of all kind of fruit , in such plenty that she hath not only sufficient to serve her own peeple , but she commonly furnisheth Italy and the City of Rome with her superfluities . What shall I speak of the amoenity of the Soile , of the salubrity of Air , of her excellent Metals , of her exquisit VVoolls , of her incomparable Iron and Steel , of her rare VVines , of her Silks , of her Riches and Tresure ! VVhat shall I say of the Fidelity and Fortitude , of the Temperance and Sobriety , of the Devotion and Sanctimony , of the Religion and Piety , of the Abstinence and Sobriety , of the admired Patience and Constancy of her Inhabitants ! Nor doth she supply other Nations with her excess of divers Commodities , but she furnisheth them with Emperours and Generals . We may read in the Maccabees that one of the Arguments which the Roman Captains usd , to terrifie the Iews , was , how that they had subjugated many parts of Spain . Hear what the famous Poet Claudian sings of Her in this Rapture : Quod dignum memorare tuis Hispania Terris Vox Humana valet ? primo lavat aequore Solem India ; Tu fessos exacta luce jugales Proluis , inque tuo respirant sydera fluctu ; Dives equ●…s , frugum facilis , pre●…iosa metallis , Principtbus foecunda piis ; Tibi saecula debent Trajanum ; series his fontibus Aelia fluxit , Hinc senior pater , hinc Iuvenum Diademata Fratrum ; Namque Aliae Gentes quas faedere Roma recepit , Aut Armis domuit , varios aptantur in usus Imperii ; Phariae segetes , & Punica Messis Castrorum devota cibo , dat Gallia robur Militis , Illyricis sudant Equitatibus alae ; Sola novum Latiis vectigal Iberia Rebus Contulit Augustos , fruges , aeraria , miles Undique conveniunt , totoque ex Orbe leguntur . Haec generat quae cuncta regit , nec laude Virorum Censeri contenta fuit , nisi Matribus aequè Vinceret , & gemino certatim splendida sexu Placillam , Mariamque daret , pulchramque Serenam . And wheras innumerable things do offer to be spoken to the glory of Spain , wherof both Poets and Prose-Authors are full , I will make choice here of that eloquent Character which Pacatus Latinus gives of her in his famous Panegyrik to Theodostus the Emperour . Nam primùm tibi Patria est Hispania Terra omnibus Terris foelicior , cui excolendae , atque adeo ditandae impensius quam caeteris gentibus supremus Ille Rerum Fabricator indulsit ; Quae nec Austrinis obnoxia aestibus , nec Arctois subjecta frigoribus , mediâ fovetur Axis utriusque temperte . Quae hinc Pyreneis montibus , Illinc Oceani aestibus , inde Tyrrheni Maris littoribus coronatae Natura solertis ingenio velut alter Orbis includitur ; Adde tot egregias Civitates , adde culta incultaque vel fructibus plena , vel gregibus . Adde auriferorum opes fluminum , adde rad●…antium Metalla gemmarum . Scio fabulas Poetarum auribus mulcendis repertas aliquando nonnullis gentibus attribuisse Miracula , quae dum sint vera , sunt singula , nec jam excutio veritatem , &c. In the first place thy Country is Spain , a Land happier then all Lands , which for Agriculture and Riches , the supreme Fabricator of all things hath indulgd more favorably then other Nations ; for it is not obnoxious to Southern Heat , nor subject to Northern Cold , but is cherishd with a middle temper of both the Poles . This side Spain is crownd with the Pyrenean Hills , on that side with the Breezes of the Ocean , then with the shores of the Mediterranean Sea , being fencd by the industrious hand of Nature , as if she were another world . Adde herunto so many gallant Cities , Adde cultivated and incultivated places , all either full of Fruit or Cattle ; Adde the Wealth of the Gold-bearing Rivers , Adde Mines of shining Metals , &c. The Renown of the Spanish Nation was before that of the Romans ; for the fame of their Valour did ring among the Greeks in the VVars of Peloponnesus ; and Alcibiades in an Oration that Thucydides mentions of his , calls them Fortissimos & Pug●…acissimos omnium Barbarorum , The Valiantst and VVarlikst of all the Barbarians , as the Greeks termd then all other Nations besides themselfs , which the Romans did afterwards . Annaeus Florus calls Spain Bellatricem , Viris Armisque Nobilem , Annibalis Eruditricem ; Warlike , Noble for Men and Arms , and who taught Hannibal ; for all the Exploits which he performd , he did with Spaniards . And observable it is , that after the Romanes had invaded the Provinces of Spain , they were the last whom they subdued , fighting in Her , and for Her in many desperat doubtful Battails , being somtimes Victors , somtimes Vanquishd , the space of about two hundred long yeers , wheras they did spend not neer so much time in bringing under the Roman yoke any other Country unless it was Great Britain , ( now England ) who also wrastled so long before she could be reducd to a general obedience ; which discovers the innated stoutness of the two Nations ; wheras all Gallia was brought under in less then Ten years , which may be the reason that Iulius Caesar ( their Conqueror ) shold say , Plebe Galliae nihil contemptibilius , Ther 's nothing so contemptible as the Peeple of Gallia . Argum. 2. That the Catholik King may challenge Precedence by the Authority of General Councils , and the Learned Doctors of the Church . THe Philsopher beats still upon the Anvil of Reason to make his Conclusions good ; The Mathematician by practical and visible Experiments brings his Conclusions to Demonstrations ; The Jurists and Theologues do commonly make good their Tenets by Authority of the Ancients , by Examples of Antiquity ; And indeed Responsa Patrum , Consulta Prudentum , have bin much reputed in all Ages ; ther was always a venerable and religious esteem had of them , so that it is held one of the strongest ways of disputing ; therfore the dint of this second Argument shall be to produce the Authority of ancient Oecumenical Councils , that the Noble Kingdome of Spain hath had the Precedence from time to time of France , and consequently of all other Countries . But let this previous Advertisement go before , That superiority of session , and subscription in General Councils , hath bin diversly usd : For sometimes the Bishops have not subscribd , taken place , or given their suffrages in their own names , but in the name of the Province or Kingdom which they represented ; and in that case ther is not so much regard had of the Person , or antiquity of Consecration , but the Dignity of the Nation , as it appeers in two Decrees of Gratianus : Therfore the Bishop of Milan did subscribe before him of Ravenna , though Ravenna be much the more ancient . This cours was observd in the Nicene Council , where the Bishops voted , and subscribd not according to Priority of Consecration , but Dignity of Provinces , and of the Souverain Prince who sent them . The like cours was taken in the first Constantinopolitan Council , and others . But as Baronius observes , to sit on the Right-hand doth nor always imply superiority of place ; for he relates according to the ancient order of Rome , that the Priests had sometimes the Right hand of the Bishops , as appeers by these words , Sedebunt ex locali dispositione ut intrantibus Ecclesiam Episcopi sint ad sinistram , Presbyteri verò ad dexteram ; & quando Pontifex sederit , & ad eos respexerit , Episcopos ad dextram , Presbyteros intueatur ad sinistram : They shall sit by local disposition so , that in entring the Church the Bishops shall be on the Left hand , and the Priests on the Right ; but when the Pope shall be sate , and looks upon them , the Bishops shall be on the Right , and the Priests on the Left. In the first Act of the Nicene and Chalcedonian Synod , it is left upon record that the Pontificial Legats sate on the Left hand , the Bible being placed in the middle of the Hall , which denoted that Christ was present and President . Moreover , in the celebration of the Masse the Epistle is read upon the Right hand , and the Gospel on the Left , though we know the Gospel to be the worthier of the two . This being premisd , we will now to the promised Authorities of ancient Councils . We read that in the time of the Apostles , and the very infancie of the Church , ther were four publik Assemblies or Councils ; The first was of about 120 of the Faithful who met to elect and substitut Matthias to be Apostle in the room of Iudas . The second , was to choose Deacons , in whose number the blessed Protomartyr St. Stephen was one . The third , was to confute Cerinthus the Heretique , and whether Circumcision was to continue . The fourth , was to give the Circumcision an honorable Burial . Now , it is to be observd , that before the two last were held , St. Iames the Apostle had travelld Spain , and having reducd that Peeple to Christianity , he brought over some of them to Hierusalem , who were in all probability present at those two last Councils : for in the Acts of the Apostles we read that all the Faithful were at them . Then was St. Iames the first Converter of Spain , made the first Martyr of all the Apostles , being beheaded by Herod Agrippa , 44 Anno after the Incarnation of our Saviour . It having appeerd that some Spaniards had bin at the first Councils of the Apostles , We will now pass to the Nicene Council , ( pretermitting the Ancyritan and Illiberitan Synods , with others ) Now , That of Nice was the first Universal or Oecumenical Council that ever was ; for it was convokd by authority of the secular power the Emperour being then become Christian. This celebrous Council was in the time of Pope Sylvester 325. And as in the Acts it stands upon record , the Bishops therin did not subscribe according to antiquity of Consecration , but according to the Dignity and Renown of the Province for which they servd ; Osius Bishop of Cordoua servd then for Spain , and Nicasius Diviensis for Gallia , but Osius subscribd first to the Canons of the Council , and they are the first most authentik and legal Canons of any , for the Emperour did consent therunto . Now as the Record hath it , 318 Bishops subscribd to the Acts therof , which begin thus : Osius Episcopus Civitatis Cordubensis Provinciae Hispaniae dixit ▪ Ita credo sicut superius scriptum est : Osius Bishop of the City of Cordoua in the Province of Spain , said , I believe so as it is written above . Victor & Vincentius Presbyteri Urbis Romae , pro Venerabili Viro Pap●… Episcope Nostro sancto Sylvestro subscripsimus , Ita crede●…tes sicut suprascriptum est : Victor and Vincentius Presbyters of the City of Rome , we have subscribd for the Venetable Man Pope our Bishop Saint Sylvester , beleeving so as is above written . Provinci●… Egypti Alexander Alexandriae Magnae , &c. Of the Province of Egypt Alexander of great Alexandria , &c. And when all Provinces had in their order and several degrees thus subscribd , the last supscription runs thus : Provinciae Galliarum Nicasius Diviensis , Of the Province of Gallias Nicasius Diviensis . I know the French have objected that Osius might be then Legat for the Pope , and so had precedence ; but not a syllable of this is spoken of in the Records of the Council . Others alledg , that Osius being a Man of extraordinary Renown at that time because he had had a great hand in the conversion of Constantin the Emperour , an extraordinary respect was born him ; for Nicephorus calls Him the Miracle of that Age , and Athanasius stiles him Patrem Conciliorum , Ducem , & Antesignanum : But Ambrosius Morales with others aver , that he subscribd first out of no other respect but as he was Bishop of Cordou●… , and represented the Noble Region of Spain : And for that regard He preceded also the Bishop of Constantinople , as it appeers in a Letter which was written from that Nic●…ne Council to the Pope , which runs thus : Beatis●…imo Papae Urbis Romae cum omni reverentia colendo Sylvestro , Osius Episcopus Provinciae Hisp●…niae Civitatis Cordubensis ; & Macarius Ecclesiae Constantinopolitanae ; & Victor & Vincentius Presbyteri Urbis Romae Ordinati Ex directione Tua . To the most Blessed Pope of the City of Rome to be worshipped with all reverence Sylvester , Osius Bishop of the Province of Spain and City of Cord●…a ; and Macarius Bishop of Constantinople ; and Victor and Vincentius Priests of the City of Rome ordaind by thy direction , &c. After the Nicene Council celebrated under Pope Sylvester , other Synods or small Councils met where the Bishops of remote Provinces did not repair , but they who were not far distant . But at the great Council of Sard●… ( for so t is calld by Athanasius ) ther assembled 300 Occidental Bishops , and 70 of the Levant , who were most of them Arrians : In this Council also Spain is namd next Rome , as it appeers by the Record which goes thus : Sancta Synodus Dei gratia ex Urbe Roma , Hispanis , Gallis , Italis , &c. And Athanasius relates in his Apologie against the Arrians thus : Fuere in Magno S●…rdico C●…ncilio plures quam trecenti Epis●…opi qui ex multis Provinciis Egypti , Lybiae , 〈◊〉 , Palestinae , &c. Hisponiarum , Galliarum , Britanniarum , &c. eo se ad Concilium contulerunt : Ther were in the Council of Sardis above 300 Bishops , who out of many Provinces of Egypt , Lybia , 〈◊〉 , Palestine , &c. Spain , Gallia , Britain , &c. did repair to the Council . In the raign of Constantius the Emperour 358. He causd two Councils to convene , One of the Oriental Bishops at Seleucia ; The other at Ariminum in Italy , consisting of Western Bishops , and in the Acts therof Spain is still nominated before France . At the first Council in Constantinople , and that at Rome under Pope Symachus , with others , ther can be no judgment made of Precedencies , until Lugdune●…se Concilium , the second Council at Lions , Anno 1274. held under Pope Gregory the tenth , where among divers other ther were Ambassadors from Paleologue the Eastern Emperour , and the King of Tartary . This Council was convokd principally for reconciling the Greek Church with the Latin , for the conversion of the Tartars , and also for an Expedition to the Holy Land. Ther assembled 500 Archbishops and Bishops , 40 Abbots , and 1000 Prelats and Doctors , among whom ●…onadventure and the Angelical Doctor Thomas Aquinas who assisted there did die . Don Iaime King of Aragon was earnestly sollicited by the Pope to be there , as Peter 〈◊〉 hath it upon good record in the Spanish Toung , as followeth : Viendo el Papa Gregorio que la yglesia tenia gran necessidad de Concilia para much as cosas , y especialmente para las de Ultrama●… determinò d●… juntar Concilio en Leon en Francia para la p●…scua del Espiritu 〈◊〉 ▪ y embiava à 〈◊〉 al Rey de Aragon , 〈◊〉 que no faltasse d●… 〈◊〉 〈◊〉 necessidad de 〈◊〉 presentia , para dar Consejo , y favor à la santa Ig be 〈◊〉 , &c. Pope Gregory seeing that the Church had great necessity of a General Council for many things , specially for Affairs beyond the Seas , determind to convoque one at Lions in France towards Whitsontide ; and sending notice hereof ●…o Iames King of Aragon , he endeard the business unto him , desiring his presence , in regard there wold be great want of his person to afford counsel and favor to the Holy Church , & ●… . King Iames came accordingly in a splendid Equip page ; and the Cardinals , Bishops , and the world of Prelats ther came to meet him three miles , were so numerous , that though they set forth betimes in the morning ▪ ye●… it was after noon before he arrivd at the Popes Palace : The next day ▪ He made a Noble Speech , and Hortative for a Cruzada to the Holy Land , taking the superior place all the time he was there ▪ which raising some envy in the Ambassadors of other Kings , discontents grew , and so nothing took effect . Under Clement the fifth , Anno 1311. a Council was convokd at Vienna , wherin ther were 300 Bishops , besides other Ecclesiastiks , where Philippe le Bel , with his Son Luys Hutin King of Navarre , and two other of his Sons came , but ther is no mention made in the Records of any matters of Precedence , nor likewise in the Council of Mantua held by Pius 2. 1458. Then came the Council of Basil , and hear what Platina saith in the Life of Eugenius 4. Et quod Basiliense Concilium jam 〈◊〉 inchoatum Martini Decreto augeri indies cerneret , conturrentibus eò Hispaniae , Galliae , Germaniae , &c. principibus qui communem Christianae Reiqublicae causam in arbitrio Concilii disponebant . And because the Council at Basil begun before by the Decree of Marlin was seen to increase daily , some Princes of Spain , France , and Germany , &c concurring thither for disposing of the common cause of the Christian Republik , according to the arbitrement of the Council , &c. where you find that Spain is nominated before all other Countries . In the Council of Florence begun at Ferrara under Eugenius 4. where Iohannes Paleologus the Greek Emperour , and the Patriark of Constantinople , and a great confluence of Greek and Latin Prelats were assembled , ther is no superior place mentiond in the Acts of that Council , nor among the Writers of the History therof . We come now to the Council of Trent , where the Marquiss of Pescara and the Count of Luna were Ambassadors for Philip the second , the mighty King of Spain : you may finde that in the Acts of that long Concil they never came behind the Emperour , but sate between the Secretary of the Council and the Popes Nuncio on the right hand , wheras the French Ambassador fate upon the left hand both of the Legat and the Imperial Ambassador . Now to go from Oecumenical Councils to National , whersoever the Bishops of Spain and France met , Spain had the first Session , Voice and Nomination as the Nobler Kingdome . As appeers in the third Council at Toledo , in the raign of King Ricaredus , as may be plainly read in the Works of Garsia Loaisa , Preceptor to the glorious and Catholik King Philip 2. and afterwards Archbishop of Toledo , whose sublime Erudition joynd with integrity , and signal sanctity of Life and Manners do so contend for precedence , that it is hard to judge which of them excels most , they all are so perfectly resplendent . In the fourth Toledo Council ther is frequent mention made in Morales , de Hispaniae & Galliae praesulibus ; de Hispaniae & Galliae sacerdotibus . Go to the ancient Doctors of the Church where ther is mention made of Spain and France , Spain most commonly is namd first : we will first instance in Tertullian in his Book Adversus Iudaeos , where speaking of the multitude of Nations that were converted to Christianity , He speaks Hispaniarum omnes termini , & Galliarum diversae Nationes & Britannorum inaccessa loc●… Romanis , Christo vero subdita , &c. Ther is a remarkable thing in Irenaeus , Et si in mundo loquelae dissimiles sint , Virtus tamen Traditionis una & eadem est ; & neque hae quae sunt in Germania fundatae Ecclesiae aliter credunt , a●…t aliter tradunt ; Neque hae quae in Iberis sunt neque hae quae sunt in Celtis ; neque hae quae sunt in Oriente ; neque hae quae sunt in Egypto ; Neque hae quae sunt in Lybia ; neque hae quae in medio Mundi sunt constitutae ▪ sed sicut Sol creatura Dei in universo mundo unus , & idem est , sic lumen ac praedicatio Veritatis ubique lucet , & illuminat omnes homines qui volunt ad Veritatis cognitionem venire . Although the Languages of the world be differing , yet the Vertu of Tradition is one and the same : For neither those Churches that are founded in Germany do believe , or deliver otherwise ; nor those which are in Spain , nor those which are in France , &c. VVe will conclude with Saint Hierome : Hoc in Ecclesiis suis faciant quod Romae , sive quod in Italia , &c. quod in Hispania , quod in Britannia , quod etiam ex parte per Gallias , &c. This precedence for Spain is also confirmd in the Imperial Laws of Iustinian , where he saith , Quae cunque in partibus Hispaniarum , Galliae sive Francorum aguntur , &c. And ther was great care and caution usd to give evry Country and Nation its Right touching this particular in the Iustinian Laws , whose principal aim was suum Cuique tribuere , to give evry Country and Kingdome its due in point of Dignity as well as of Possession , and common Right . Argum. 3. That the King of Spain may challenge Precedence , because Spain first receavd , and professd the Catholik Faith ; That the first Christian Church was built there ; The first Council was celebrated there ; The first Bishop and the first Emperour was out of Her , &c. THey who write of the Glory of Nations , shold in the first place look upon their antiquity and origine . Ther is a Topik Axiome , That Bonum quò antiquius eò melius ; Therfore Antiquity conduceth much to the Honour and Dignity of a Peeple ; As Pliny doth elegantly express , Reverere gloriam Veterum ; nam hanc ipsam senectutem quae in Homine venerabilis , in Urbibus sacra est : Reverence the Glory of the Ancients , for that Old Age which is venerable in Man , is sacred in Cities . Touching the Originals of Spain , and of Her Inhabitants , with the propagation and succession of them , ther are four things to be considered in the enquiry therof ; first , of what Peeple they first descended ; what transmigrations they made ; at what time ; and by what Right or Title . These may be calld the principles of a Country . The Arcadians did vaunt that they were synchronical , or contemporary with the Gods ; that they were before the Sun and the Stars . Other Nations do labour much to derive themselfs from before the Floud . Now concerning Spain , all Annalists concur that Tubal Cain was her first Populator , being allurd by the amoenity and fruitfulness of the Country and Clime ; and this was 2173 years before the Nativity of our Saviour , and 1179 from the Creation , and 143 years after the general Deluge . Berosus affirms that Tubal raignd in Spain 151 yeers , and Strabo concurs with him ▪ some call him Iobel , and Iosephus calls the Spaniards Iobeles from him . Setubal in Portugal receaves her denomination thence , as also Tudela in the Kingdome of Navarre . Some are of opinion that Noe came also to Spain , for in Asturia ther is a Town calld Noega , and Noela in Galicia . Spain was calld Iberia from King Iberus ; and ther 's a great River also of his name , vulgarly calld Ebro , wherin many other Rivers do disburden themselfs , which was the occasion of the Proverb , Me Llamo Ebro porque de todas aguas bevo . It is also calld Hesperia from the Occidental Star ; At last it came to be calld Hispania from King Hispanus . We will now proceed to prove that Spain receavd , and professd the Christian Religion first of any . And , as this Inferiour World is governd by the motion , and circumgyrations of the Heavens , so Christian Kingdoms are governd by Religion and Faith , and by the holy Professors therof . Now , Spain had the advantage and honor to have the first Martyr among the Apostles for her Father and Founder , which was St. Iames , who though he was beheaded in Ierusalem , yet his Body was transported to Spain by a wonderful Providence , where a stately Dome or Church is built for him , frequented by Emperours and Kings , with innumerable sorts of Pilgrims . Charlemain came of purpose to do his Devotions in that Church where such mighty miracles are daily wrought . Now in Tarragona the most blessed Virgin appeerd to St. Iames , and gave him order to erect a Church there , which is the ancientst of any in the Christian world . Moreover , for the predication of the Gospel , the hevenly tidings of salvation , it began in Spain three yeers after the passion of Christ , as it is recorded in the Ecclesiastical History of Baronius , and confirmd in the Council of Trent , with the whole current of Antiquity , so that it can be no less then an Impiety to make any hesitation therin . After the predication of St. Iames , Saint Paul also came to Spain ; nay the Prince of the Apostles St. Peter performd a peregrination thither ; and among others he converted Epinetus ; so that the Christian Faith was founded in Spain by these three great Pillars of the Church . Saint Torquatus Bishop of Guadix was one of the first whom St. Iames reducd to Christ , and ther is an Olive-tree planted by his hand which bears fruit to this day ; and the Bridg is yet remaining which broke and fell down under those who did poursue and persecure the Christians in those days . Saint Cecilius his Church neer Granada is standing to this day , where also so many miracles and wonderful cures are commonly wrought . There also is the famous Valparayso , the Valley of Paradise , where so many Martyrs sufferd , and their Reliques remain to this day , as appeers by this Record which I thought worthy to insert here . In nomine Dom. nostri Iesu Christi , En el anno ix . del Pontificado de nuestro santissimo Padre Clemente Octavo , y el anno 2. del Reyno del Clementissimo , y Catholico Don Philippo 3. Nos Don Pedro de Castro , por la gracia de Dios , y de la santa sede Apostolica Arsobispo de Granada , del consejo del Rey ●…uestro senor , con consejo , y asenso de los Reverendissimos Prelados Don Iuan de Fonseca Obispo de Guadix del consejo de su Magestad , provincial , y sufraganeo nuestro , y Don Sebastian Quintero Obispo de Gallipoli , y Don Alfonso de Mendosa Abad de Alcala la real . A●…iendo tratado de las Reliquias que el anno del nacimiento de nuestro Salvador I●…su Christo de 1595. se hallaron deribando una torre antiquisstma en esta santa Iglesia , y otras en el monte que Llaman Valparayso el conocimiento y aprobacion de las quales nos pertenece por derecho , y por el santo Concilio de Trenta , y por comission especial de nuestro muy santo padre Clemente Octavo ; Visto este processo , y todas las informaciones , averiguaciones , y diligentias en el hechas , y aviendo avido conse●…o , y deliberacion con barones m●…y doctos , pios , y Theologos , y de otras facultades con nos congregados , y todo lo demas que fue necessario , y verse convino . Fallamos de un mesmo parecer , y asenso en que fueron todos conformes , que devemos declarar . — In the name of our Lord Jesus Christ , In the ninth year of the Pontificat of our most holy Father Pope Clement 8. and in the second year of our most merciful and Catholick King Don Philip the 3. We Don Pedro de Castro by the Grace of God , and the holy Apostolik Seat , Archbishop of Granada , of the Council of the King our Lord , with the counsel and consent of the most reverend Prelats Don Iohn of Fo●…seca Bishop of Guadix of his Majesties Council our Comprovincial and Suffragan , and Don Sebastian Quintero Bishop of Gallipoli , and Don Alonso de Mendosa Abbat of Alcala ; Having treated of the Reliques which were found 1598. by pulling down a Wall in this most ancient Church , with others in the Mount Valparayso , the knowledge and approbation wherof belongs to Us by the holy Council of Trent , and by special commission from our holy Father Clement the 8. The process herof being seen , with the Informations , Averiguations and diligences done therein ; and having taken the advice and deliberation of most learned and pious Theologues , with other Faculties which was convenient and necessary to be done ; We find according to the concordant and unanimous consent of all , that we ought to declare , and we do hereby declare , define and pronounce the said Reliques in this process containd , viz. the one half of the cloth wherwith the glorious Virgin Mary wipd her Tears at the passion of her Son our Saviour , and a bone of St. Stephen the Protomartyr , are the tru cloth of our Lady , and bone of St. Stephen ; and that having bin hidden , lockd up , and kept in the Wall of a most ancient Tower which was built neer this Church , being put in a Leaden Box lind within and without , and within the said Box a Letter of most ancient parchment , wherein Patricius the Priest relates the said Reliques to be ; and that he did hide them there by the command of Saint Cecilius ; and all was found within the said Box upon St. Iosephs day , 19 of March , by pulling down and destroying the said Tower ; We likewise declare , define and pronounce the said Bone , Dust and Ashes , and white Morter which were found in Valparayso , to be really the Reliques of holy Martyrs who now rejoyce and raign with God in Heven ; viz. of Saint Cecilio , Saint Hiscio , Saint Cthesiphon , Disciples to the most blessed Apostle Saint Iames Zebedeus ; and of Saint Setentrio , and Patricio Disciples of St. Cecilio ; and of Turillo , Panuncio , Maronio , Centulio , Disciples of Saint Hiscio ; and of St. Maximinio and Lupario , Disciples of St. Cthefiphon , and St. Mesiton ; And the said Saints sufferd Martyrdome some , by fire being burnt alive , some shut up in the Caves and Caverns of the said Mountains for the Faith of our Redeemer Jesus Christ , and for preaching and publishing his Gospel in the second yeer of the raign of Nero , St. Cecilio with his Disciples suffring upon the Calends of February , St. Hiscius on the Calends of March , and St. Cthesiphon with his Disciples on the Calends of April , as four Leafs of Lead do manifestly shew in Latin Letters written in most ancient characters , with other old Instruments of Lead , all which was hidden and found in the caverns of the said Mountains , and never discoverd until now ; and this process is verified , and God hath confirmd it by divers miracles . In consequence wherof we declare that the said Reliques ought to be receavd , honord , reverencd , adord with honor and holy worship , as the tru Reliques of the most blessed Virgin our Lady , and of the said Martyrs who raign now w●…h God , according as the holy Catholik Church doth accustome to have in due veneration such Reliques of Saints , and expose them to publik view to that effect , That they may be incited to invoke them accordingly . And we with others here congregated do so receave and reverence them , commanding that they be kept in safe custody , and in a decent place according to the plesure and appointment of the most Reverend Archbishop that shall be then of this Church . And we further declare the said Valparayso , and the Caverns wherin those blessed Saints sufferd Martyrdom to be holy places , which ought to be reverencd and honord , and have prerogatives accordingly , as the holy Canons do allow to such places . And so we pronounce this our sentence , and firm it with our Names , sealing it also with our Seals . Petrus de Castro Archiep. Granatensu . Iohannes Episcopus Guadix . S. Episcopus Gallipoli . Alfonsus Abbas . Besides these , ther was , after due process made , a sentence passd also for seven more great Saints , viz. St. Secundus Episcopus Abulensis , where his body is had in great reverence to this day ; St. Indalecius Episcopus Urcetanus , in the Kingdome of Aragon upon the confines of Navarre ; St. Cthesiphon Bishop of Almeria ; St. Hesichius ; St. Euphrasius Episcopus Illurgitanus of Iaen in Andaluzia , who as Baronius affirms was Auditor and Disciple to St. Iames the Apostle , and was ordained Bishop anno Christi 43. in the raign of Claudius Caesar. Besides these seven , ther is Athanasius and Theodorus neer the body of the holy Apostle , the one on the right , the other on the left hand of the Apostle , preserved with great vigilance to this day . Now , all these Martyrs and Patrons of Spain are mentioned by Cardinal Baronius and Galesinus in their Martyrologies , as also by Vaseus , Morales , and Mariana , &c. Now , that St. Paul was in Spain , hear what Pope Gregory the seventh saith in his Epistle : Gregorius Episcopus Servus servorum Dei , Alfonso , & Sanctio Regibus Hispaniae , Abbatibus , & Episcopis in ditione sua constitutis salutem , & Apostolicam Benedictionem . Cum B. Apostolus Paulus Hispaniam se acti isse significet , ac postea 7 Episcopos ab Urbe Roma ad instituendos Hispaniae populos à Petro & Paulo Apostolis directos fuisse , qui destructa Idololatria Christianitatem fundaverunt , Religionem plantaverunt , ordinem , & officium in Divinis cultibus agendis ostenderunt , & sanguine suo Ecclesias seminârunt , vestra diligentia non ignoret quantam concordiam cum Romana Urbe Hispania in Religione , & ordine Divini Officii habuisset satis patet . It appeers herby , as by a world of testimonies besides , what a sweet harmony and concordance ther hath bin always twixt Spain and Rome ; And how that the predication of Christian Faith , with the institution therof , begun by the Apostle St. Iames , was increasd by Peter and Paul , and confirmd by the seven forementioned Martyrs , who were Auditors and Disciples of St. Iames ; besides many others whose names are found in the Book of Martyrologies . In the second persecution under Domitian , after the cruelties of Nero , Eugenius Bishop of Toledo was Disciple of Dionysius Areopagita . This Eugenius being a man excellent for wisdome and Doctrine , made choice of the City of Toledo for his fear , as being situated in the centre of the Kingdome , that the Spirit of Christ might be diffusd thence as from the heart into the whole body of the Country . The Body of which Eugenius was removd from France into the great Church of Toledo , and carried upon the sholders of the most religious King Philip 2 part of the way , Anno 1565. Moreover , it stands upon good record according to Mariana , how Pope Clement , St. Peters immediat Successor , sent Philip and Marcellus into Spain as Legats , and with Letters and commission accordingly ; And it is agreed by all that they were the first Legats , and they carried the first Letters that ever were sent from Rome by any Nuncios , which are to be found to this day in the Church of Compostella . In the third persecution of Trajan , Sanctus Mancius florishd in Spain , who was one of the seventy two Disciples of our Saviour , and servd him at administration of the Holy Sacrament , and spread his vestment when he entred into Ierusalem upon Palm-Sunday , who afterwards was made a glorious Martyr . Vaceus relates an Epitaph which runs thus : Belila Hispana se●…va Iesu Christi requievit in Domino , Obiit aera 115. hoc est anno Dom ▪ 77. Belila a Spaniard , servant of Jesus Christ , did rest in the Lord ; she died in the yeer 77 after the passion . Venerus writes that this Epitaph was found in Biscay . Ther is another Epistle of Pope Clement written to the Bishops of Spain , which is also conservd in Compostella-Church to this day . And this was the state of the Spanish Church the first century of yeers after the Nativity of Christ , wherin Iohn the Evangelist livd , during which time thirteen Bishopricks are registred in Spain , and a great number of the Faithful ; for in the City of Pampelona 40000 were converted , and Biscay or Cantabria was most inhabited by Martyrs , as Iraeneus relates , an Author who was neer the time of the Apostles . Furthermore , ther was a most signal and notable rare thing happend in Spain ; for the same night that our blessed Saviour was born , ther were three Suns appeerd visibly in the Spanish Region , which by gentle degrees came to concentre into one . Out of these premises it is apparent that the first Martyr-Apostle preachd in Spain ; That he erected there the first Church dedicated to the blessed Virgin ; That she appeerd there being conducted by Angels ; That the body of St. Iames lieth there inhumd wi●…h so much state : And this was before ther was any predication of Christian Doctrine in France ; so that the first Faithful , the first Apostle , the first Church , the first Apostolical Nuncio , and first Epistle was sent by Pope Clement the first into Spain . St. Paul did second what St. Iames had begun ; and all this is confirmd by St. Irenaeus , one of the first among the Primitive Fathers . Argum. 4. Proving , That the King of Spain may challenge Precedence because he is the Catholik King , which is a more ancient Title then Christianissimus . ONe of the greatest Foundations wheron France doth build her right to a Precedence , is , that she wold perswade the world , that her Kings are more Ancient both in the reception and profession of Christianity ; which assertion being well examind and discussd , it will appeer that both generally and privatly ther were Catholik Kings in Spain before any in France ; and to proceed more methodically , we will deduce the business from the beginning . We know that the blessed Apostle St. Iames was put to death with the sword by Herod , as appeers in the Epistle of Pope Leo touching his Martyrdome , and the translation of his Body into Spain ; which Epistle he destinated for the Spaniards ; wherin He relates , that when the Iews had hurld his whole body without the City to be devourd by Beasts and Birds , his Disciples having notice therof in his life-time , they recoverd the whole body , head and all , in the night-time , and carried it to Ioppa for transportation of it to Spain ; where being careful for the embarcation therof , they found a ship ready in the Port , and some say it was of stone , where , after thanks being given to God , they placd the body of the most holy Apostle ; and after many dangers they arrivd at Iria Flaria , now calld Padron ; thence they carried it to Liberum Donum , now calld Compostella , where they entombd it in a Marble Monument : But , as the Disciples were seeking for a place fit for so great an Apostle , they made their address to Queen Luparia or Lupa , who sent them to King Philotrus , who casting them into an obscure prison , they were freed by an Angel ; and while the soldiers were in pursute of them , they were all drownd in a River , the Bridg and all falling down with them , by which miracle King Philotrus was converted . But Luparia continuing obstinat , she threw their Bodies to Bulls and Dragons , wherof some they slew , and some grew mild . Then Luparia being orecome by these miracles , causd a Temple to be erected there for the holy Apostle , as Faber out of Sophorinus doth affirm ; And although Morales makes a doubt herof , in regard that Spain was then subject to the Romans , and so could have no Kings , yet ther might be some Kings there though subject and tributary to Rome , as Herodes Agrippa was in Hierusalem , and as Queen Candacis was . But because these passages are so overgrown with yeers , let us hasten to later times . The second signal time that Spain receavd extraordinary influence of Christian Faith , was in the raign of Constantine the great , who was so glorious an Instrument to the Church , his Mother , a British Lady being a Christian , and Osius a Spanish Bishop having taken so much pains for his conversion ; Then Theodosius who did propagat the Faith more openly , and did destroy the Pagan Churches which were stuffd with Idols , was by Nation a Spaniard , and his sons who succeeded him in the Empire . The third time was , when the seat of the Roman Empire being translated to Constantinople , divers rough Northern Nations broke in , and seazd upon most parts of the Western Territories therof , so that the Goths invaded Spain , and came to possess it ; and then by the special benediction of God , ther was a Catholik King in Spain before any in France : For an . 554. Athanagildus King of the Goths , according to the currant consent of all Historiographers , professd the Christian Faith , as Lucas Tudensis hath it . Then succeeded him Leonegi●…dus ; Then a little after came Richaredus , and in his raign the whole Kingdome of Spain became Catholik , and florishd exceedingly . But the French object that Anno 496. Clodovaeus was baptizd by St. Rhemigius , and so had the start of Richaredus in Christianity ; but to that t is answerd , That the whole Kingdome of France was not then converted ; Nor was He King of all the Kingdome , as Richaredus was of Spain : For Gregorius Turonensis relates , that Clodovaeus with his two sisters were baptizd , and three thousand French more , the whole Kingdome came not to be Christian a good while after , wheras all Spain was reducd entirely to the Faith a good while before , and did make open profession therof in the Council of Toledo . Moreover , a good part of France was then subject to Theodoricus King of the Ostrogoths , who then raignd in Italy ; who were of the Arrian Heresie . But Spain was then totally under Richaredus : whence may be inferrd that Spain generally had a Christian King before France . But if we divide Spain into Provinces , ther were divers of them had Christianity planted , and publiquely preferrd before Clovis ; for Rechiarius King of the Suevians was Christian Anno 440. Furthermore , t is very observable that from Richaredus no King in Spain fell from the true Catholick Church ; wheras , divers in France did after Clodoveus , as Chilperik and others ; witness what Gaguinus writes , Nec multò post Chilpericus cujus malitia ut in Homines multis fraudibus perspicua esset , in Deum quoque impietatem meditatus est ; de divina quidem Trinitate ita credi noluit , ut tres in Illa Personas sed unam confiteretur , &c. Not long after , Chilperik , whose malice was so evident against men , did meditat malice also against God ; for he wold not confess three , but one Person in the Trinity : And Mausonius saith , Chilpericus cùm multis rebus impiè gestis Deum sibi iratum reddidisset mense quarto à Natali Clodovaei successoris sui apud Callam vicum Parisiorum occididitur : Chilperik when for many things impiously committed he had made God angry with him , was killd in Calla , a small Village of the Parisians . And in this last Age , the last King of France before Hen. 4. having done some acts of Impiety , as imprisoning of Cardinals , and other things , it induced a Brother of the Dominican Order to dispatch him violently out of the world . Besides , a King of Spain Rechiarius was the first , who out of a Zeal to protect the tru Religion , made the first War against the Enemies therof , which were the Arrian Goths ; and ever since the Kings of Spain have bin the greatest Champions and Propugnators of the Catholik Church upon all occasions . But now we will take in hand the Titles of Christianissimus and Catholik , and make it appeer that the Kings of Spain had the one , before the French Kings had the other ; and because that Names are the Images of Things , we will give you their primitive derivations . The first Propagators of Christianity we all know were the holy Apostles , and their Disciples ; but some of the latter falling into errors , the Orthodoxal Disciples to distinguish themselfs from the false , calld themselfs Christians , which name they first assumd at Antioch , and then it grew general , being derivd from Christ , and Christ a Crismate or Unction . It was afterwards raisd to a superlatif , to Christianissimus , which was first given to the Emperors , and to this day , as Castaldus observes , they are solemnly prayed for in Oratione Parasceue , in Good-Friday-Prayer evry yeer , Oremus & pro Christianissimo Imperatore nostro ; wherin Ferrault is deceavd by attributing it onely to the French King. Moreover , divers Kings of Spain had that Title given them upon oceasion , as all the Spanish Annalists do aver ; For Richaredus was calld Christianissimus Anno 589. and after him Sisebutus Anno 616. when he expelld the Iews out of the Territories of Spain ; and Cinthillanus is calld so in the sixth Council of Toledo ; and Pope Leo writing to Quirico calls Flavium Ervigium then King of Spain , Christianissimum in the fourth Council of Toledo ; and this was before Charlemain , who first bore that Title in France . Ramirus King of Aragon , and Sancho 3. as also Alphonsus Magnus , was entitled so . Now let us examine when this Title Christianissimus was given to the French Kings : Most do affirm that it began in Charlemain , but observe , it was given him , and to some of his Successors as they were Emperours : for the ordinary Title which was usd to be given the Kings of France before , was Illustris . Ther is another opinion , that Pope Pius 2. gave Lewis 11. of France the Title of Christianissimus , and that his Father Charles had it in the Council of Mantua Anno 1459. But grant that the French Kings had the Title Christianissimus given them since Charlemain , yet the Title Catholicus was given before to the Kings of Spain : For Alfonso Son-in-law to Pelagius had it Anno 734. as Garabai and Morales do affirm , and the Epitaph upon his Tomb doth justifie it , which is Alfonsus Catholicus . Others are of opinion that Richaredus who quelld the Arrian Heresie was first intitled Catholicus . But now that we have spoken of the Antiquity of these two Titles in relation to the two Kings , we will examine which is the superior and more excellent , Christianissimus or Catholicus , not but that both of them are sublime and glorious . Touching the Title Catholik , it is so complete a word that nothing can be added to it , therfore it admits no superlatif ; it is of that comprehensif latitude , that it is Universal , which is the tru Etymologie of the Greek word : now it is an Axiome in all Sciences , Qui totum dicit , nihil excludit ; Who says All , excludes nothing : therfore we say , Ecclesiam Catholicam , not Catholicissimam ; as we say , Concilium oecumenicum , or Universale , not Universalissimum . And certainly this word Catholicum must be of extraordinary value , and ancient extraction , since it was an Epithet given the Church of Christ in the Apostolical Creed , in that first Symbole of Faith , Credo in Spiritum sanctum , & sanctam Ecclesiam Catholicam . Now , as we pointed at before , wheras any Beleever was calld Christian at first , and that by erroneous interpretations , some Heresies began to creep in , the name of Catholik was given him who was a constant embracer of the tru Doctrine of the Church : wheras the simple name Christian might comprehend also a Heretik , as Pacianus observes against the Novatians , Christianus mihi nomen est , Catholicus vero cognomen ; Illud me nuncupat , Istud ostendit ; Hoc probat , Illud significat : My name is Christian , my firname Catholik ; the one calls me , the other shews me ; this proves , the other signifies . Insomuch that the word Catholik did distinguish a tru Beleever from a Heretik . Whence the excellencie of this word appeers , being a primitive attribut given both to Church and Faith ; for they were both calld Catholik . Nor doth it follow though evry Catholik be a Christian , that evry Christian is a Catholik : For when one is calld Catholik , t is understood that he is an Elect , that he is saithful , pure , constant and obedient to the Doctrine of the holy Church without mixture or taint : Therfore most meritoriously is this high Epithe●… peculiar to the King of Spain , because he permits no Aposta●…s , no Schismaticks to be in his Dominions , as the French , and other Kings do : But by an humble filial obedience he adheres to the Catholik Mother-church , which is the Roman ; For the Roman and Catholik Church are Synonimas according to Saint Cyprian , in these words , Dividi à Romano Pontifice idem quod ab universa Ecclesia scismate separari ; Rursum illam communicare id ipsum esse quod Catholicae Ecclesiae unitati conjungi : To be divided from the Roman Bishop , is to be separated by Schism from the universal Church ; and to hold communion with him , is the same as to be joynd in unity with the Catholik Church . Argum. 5. Proving , That the King of Spain may challenge Precedence because that in Magnitude of Kingdoms , in Power , Territories and Tresure He excels all other . MUltitude of Regions , Affluence of Wealth , and Magnitude of Power , is so considerable in Kings , that this one Reason of it self were sufficient by Divine Laws as well as Humane , to yeeld unto Him who excels in these Particulars superiority of session and precedence . Now , in all things by the very constitution of the Creator , ther is a superiority and excellence ; Eternity is above Time ; The Intellect is beyond Reason ; and Reason above Sense . Go to the Fabrick of Coelestial Cretures , and the pulchritude of the Stars ; We see the Sun is as their Prince ; and one Star exceeds another in glory : so in this Elementary and the lower world , specially among Mankind , some are more Illustrious , some more Potent then others ; Nature will tell you that all the Fingers of the hand are not equal ; and this inequality conduceth to the bewty of the Univers , and Manilius tells us , Est aequale nihil , Terrenos aspice tractus . By which Ratiocination he is most sublime , and may claim superiority who exceeds in multitude of Peeple , in extent of Regions , in Wealth and Dominions ; and since the Catholik King excels in all these , as the French Authors themselfs confess out of Cassanaeus , certainly the higher seat is to be assignd Him. The wisest of Kings tells us , that In multitudine Populi dignitas Reg is , & in paucitate Plebis ignominia Principis ; In the multitude consists the dignity of a King , and in the paucity of peeple his shame . Therfore at the meeting of Councils , an Universal Council which is made up of most Bishops is more illustrious , and carrieth a greater stamp of authority then a Provincial , which consisteth of fewer ; As the Emperour and Pope have three Crowns apeece , denoting Asia , Afrik , and Europe , where the first exerciseth Souvrain Power in Temporals , and the other in all Spiritual Affairs . Now , to prove that the Catholik King is more potent then any other in spacious Dominions , it is no hard task : For go to Spain it self , it cannot be denied but it is a large Empire . T is tru , that Spain in former times was divided into many Kingdoms , as Castile , Aragon , Navarre , Leon , &c. but now they are all concentred in one Crown ; Adde herunto the Kingdoms of Naples and Calabria , with the Duchy of Milan , which make up about the one moity of Italy . He is Lord of Belgium , or the Netherland ; He hath Sicilie , Sardinia , with other Islands in the Mediterranean Sea , and the Canaries , with divers other in the Atlantik . He hath sundry places up and down the Coasts of Afrik ; He hath the Moluccas and Philipi●…a Islands , which are without number in the Indies . It was the Spanish Navigation that refelld the Paradox , for which we read that a Bishop was once imprisond for a Heretik because he held ther were Antipodes . O Immortal God! what an heroik and incomparable exploit was that of discovering and conquering the West-Indies , which counterbalanceth all the old world were they cast into a pair of scales ! which mighty benediction was reservd by a special Providence for Spain . But what a world of dangers , doubts and difficulties did precede the work ! On the one side the incertitude of the Thing , and the perils of the angry-tumbling Ocean did offer themsells ; On the other side the vast expences of the Viage , with despair of new provision when the old was spent ; And in case they shold take sooting on a new earth , the Clime might perhaps not agree with their bodies , and the Savages might prove stronger then they , as they were in number above a thousand for one . T is tru , that such imaginations as these did much distract them a while ; but at last their courage and constancy was such , that they broke through all these dissi culties . And touching that huge mass of peeple in America , as a wild boistrous Boar taken within the toyls doth foam , struggle , and turn about to try all ways how he may get out , at last when all will not serve , and having wasted his spirits he lies down with quietness and despair , putting himself upon the mercy of the Huntsmen ; so the wild American having tryed all ways of opposition , lay down at last succumbent and prostrat at the Spaniards feet ; and for a reward of their indefatigable pains and prowess , the Divine Providence gave them afterwards Mines and Mountains of Tresure , yea , Rivers running with Gold , Seas full of Perl , with all sorts of Gems and precious stones ; all kind of Aromatik Spices , sweet Woods , with a world of new Species of Birds , Beasts , Plants and Fishes which Europe never knew . But what Exchanges and recompence did Spain make to America for all this ? Marry , she affoorded her a far more precious Jewel , which was Christian Religion , Praequa quisquiliae caetera , In comparison wherof all other things are but Bables : And what a world of pious pains did the Spaniards take to plant that Tree of Life among them ? It is recorded by Boterus that one Franciscan Fryar did baptise about 400000 Savages in the sacred Laver of Regeneration ; insomuch that one may now travel thousands of miles in America , and very frequently meet with Christian Churches , Chappels , Monasteries , Convents , Nunneries , Towns , Villages , Castles , Forts , or Bulwarks as he goes along . What a coyle do the Historians keep about the Achievements of Alexander the Great ? We well know that he subdued but part of Asia ; But here a new world is conquerd about thrice as big as whole Asia : Therfore the Kings of Spain may be only said to have done Miracles in steed of Exploits . And as God Al mighty when He builds , creates no less then a World ; when He is angry , sends no less then an Universal Deluge ; when He confers Grace , doth sacrifice no less then the prime Son ; when He rewards , gives no less then Paradis ; when He wars , sends no less then Legions of Angels , making also the Elements to fight , the Sea to open , and the Sun to stand : So , if Finite things may bear any proportion with Infinit , the Kings of Spain have bin desigud to do mighty things , if not miracles : when They build , they build no less then an Escurial ; if They are angry , they drive forth whole Nations , as the Iews and Moors ; if they provide for the publick good , they sacrifice no less then their own Sons ; if they take Arms , they conquer not only whole Kingdoms , but new Worlds : insomuch that the King of Spain may be , according to the Proverb , truly called Rex Hominum , the King of Men ; wheras those of England and France are calld , the first , King of Devils , the other King of Asses . It is the King of Spain alone to whom the Gran Mogor and Sophy use to send this superscription , To the King who hath the Sun for his Helmet ; alluding to his vast Dominions in all parts of the world , and that the Sun doth always shine on some of them : besides , it is no mean preeminence to the Catholik King , That God Almighty is servd evry hour of the Natural Day in some of his Territories . Therfore it can be no derogation from any other Monark , if for Glory and Amplitude of Dominions , for Men and Mines , for fulgor of Majesty and Power , for Islands and Continents , for a long Arm and Sword , the Catholik King be preferred before any other Prince or Potentat upon the Terrestrial Globe , take both the Hemispheres together . Argum. 6. Proving , That the King of Spain may challenge Precedence for Nobleness of Family , as also for Royal Arms and Ensignes , &c. NObility among the Heralds is of two sorts , the one is of Parental Extraction and Blood , and this is rather our Progenitors then our own , being ingrafted or traducd unto us from them : Ther is another Nobility which is accidental , underivd or personal , and this comes either from abundance of Riches , or from excellency of Parts , or from the Merit and Glory of some great Exploit . The first proceeds from Descent , the other from Desert . Now among other Prerogatives of Kings , one of the highest is , that they are the source and fountain of Nobility and Honor ; Therfore no Vassal whatsoever , be he of never so ancient and illustrious extraction , is capable to compare with the King , though I am not ignorant that some of your French Monsieurs will vapor somtimes that way . Now , it contributs much to the honor of any Country to have a King of a long-lind Royal Race . There is a good Text which tells us , That Beata Terra , cujus Rex nobilis est ; with another , Quàm puchra est generatio cum claritate , Immortalis enim est memoria illius , quoniam , & apud Deum nota est , & apud Homines : The Land is blessd whose King is Noble ; How beutiful is a Generation with brightness ! the memory therof is Immortal , because t is known with God and Men. The Kingdome of Spain may glory to have had Kings of both the foresaid Nobilities , both Progenial derivd from their Predecessors , and Personal from their own Merit , and heroik perfections of Vertue , as Magnanimity and Fortitude , as Prudence and high Wisdome , as extraordinary Devotion and Sanctitie . Touching the Royal Tree of the Genealogie of the Kings of Spain , we can fetch it from the Families of the Amalis and Baltheis , whence the Kings of the Visigoths and Ostrogoths descended above a thousand yeers since : Then from the glorious house of Austria , which may be calld a tru Imperial Tree by having producd so many Emperours that have continued in that stem above these two hundred years without interruption , which House began with Theobarto who came from Sigebart Duke of Germany , Anno 604. Touching the Shield-Ensignes and the Royal Arms of the King of Spain , they are as noble as any ; and it adds much to the Nobleness of a Kingdome to have noble Arms ; which hath bin accounted no small blemish to the Crown of France , whose ancient Arms were three Toads in a black field , though the signification of the Hieroglyphik makes some amends for it , which relates to the fruitfulness of France ; for Toads choose always the fattest soyle , yet is he an ugly slow poysonous creature , and abhorred by humane Nature . But upon the conversion of King Clouis to Christianity , the French do vaunt that a Shield with three Flower de Luces of a Caerulean color fell down miraculously from Heven , ( as Numas Shield did in Rome , and the Palladium did in Troye ) which Arms France gives ever since . But the truth of that miracle is much questiond : for the greatest Authors , as Emilius , Gillius , Reginon , and Gregorius Turonensis in the Life of King Clou is makes no mention of any such thing . But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms , yet Spain hath a nobler ; for Spain gives the Crosse in her Shield : For we know that many ancient and Authentik Writers affirm , how the Cantabrians or Biscayners ( who were left unconquerd by the Romans ) carried a Crosse in their Banner long before the Nativity of our Saviour ; which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day , with not much above 1000 Christians , he utterly routed 60000 Saracens ; to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected , where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain , with other Kings had the Crosse in their Banner . And San Isodorus , who after St. Iames the Apostle is the Patron of Spain , always usd it , who was a Bishop and a Knight , so that wheresoever he is represented either in shadow or stone , he is painted in a Pontifical vest , having the Crosse in one hand , and the Sword in the other ; and as the Oriflambe is the chiefest Banner of France , which is kept in the great Church of St. Denis ; so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up , which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens , and afterwards against the Moores , wherby many glorious and wonderful Victories were obtaind . Nor is the Crosse the Ensigne onely of Biscay and Castile , but also of Arragon and of Navarre ; and the ground of it is related in Beuter , Illescas , and Turapha to be , that when King Garcia Ximenez was ready to fight a Battail against the Saracens , and that the Christians under his command grew to be dejected and faint-hearted , ther appeerd in a green Tree a red Crosse very resplendent , which struck such a comfort and courage , and made such impressions in the heart of the fainty Soldiers , that they fell upon the Infidel-enemy with so great a resolution , that they did utterly discomfit him ; wherupon he was called Rey de Sobrarbe , because that the holy Crosse appeerd above a Tree . Argum. 7. Proving , That the Catholik King may claim Precedence because he is King of Jerusalem , and that the Right of Unction belongs also to Him , &c. ALl Authors concede that in all solemn Pomps and publik Places , the first seat in the Church ( after the Emperour ) belongs to the King of Ierusalem , as Corsetus , Grasalius , and others , do observe : And the Reasons are many ; Because our Saviour preachd and sufferd there ; Because he made choice of his Apostles and Disciples there ; Because he wrought most Miracles there ; Because he conversd and had conference with Men there ; Because he instituted his last Supper there ; Because he did consummat the Eternal Salvation of Mankind there , and because he was buried there ; with multitude of other Reasons . Now , that the King of Spain is right King of Ierusalem , I beleeve ther are but few will deny it : for the Holy Father in all his Bulls , in his Apostolical Letters , and all publik spiritual Dispatches , doth stile him King of Ierusalem ; and so doth the Conclave , the College of Cardinals , the Rota , or Judges of the Apostolik Chancery : And it is as cleer as the Meridian , that this Title is due to him as he is King of both the Sicilies , viz. of Sicily , Calabria and Naples , which appeers evident in all Annals and Chronicles ; Although the French do cavil with him for a Right to those Kingdomes , which Valdesius and Vasquez do sufficiently answer , and refute . Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes ; wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes . Now , that Kings are to be anointed with holy Oyl , the sacred Code tells us plainly ; for it was the warrant which God Almighty himself , the King of Heven and Earth , gave unto the Prophet Elias , Unges Asachel Regem super Syriam , & Iehu silium Namasi unges Regem super Israel : Thou shalt 〈◊〉 ●…sachel King over Syria , and thou shalt anoint Iehu King over Israel . In another place he speaks himself , Inveni David servum meum , & oleo sancto meo unxi eum : I have found David my servant , and with my holy Oyl have I anointed him . Therfore Kings are called Christs upon earth , because they are anointed by God : Nay , Cyrus is calld Christ in this sense , as the Text saith , Haec dicit Dominus Cyro Christo ejus ; Thus says God to Cyrus his Christ or his anointed . One of the Prerogatives of the Emperour is , that he is to be anointed by the Pope himself ; But Kings are anointed by their own Prelats . Augustin de Ancona gives the reason for this Ceremony , because Oyl signifieth gladness , and promptitude to debel the Enemies of the Church , to fight for the Orthodoxal Faith , and carry away Victories . Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed , as the Poet sings : Exercent Patrias Oleo labente Palestras Nudati Socii — The holy King saith , Dilexisti justitiam , & odisti iniquitatem , propterea unxit te Deus Oleo laetitiae prae consortibus tuis : Thou hast loved justice , and hated iniquity , wherfore God hath anointed thee with the Oyl of gladness above thy fellows . By Oyl also is understood cleerness of Conscience , as we read , Prudentes Virgines acceperunt oleum in vasibus suis : The wise Virgins took oyl in their lamps . Now they are Hevenly wide of the truth who hold that these two Kings , viz. of Ierusalem and Sicily , with those of England and France , are only capable of holy Unction : For it belongs to all Kings ; especially to the Catholik King , who is a mixt Person twixt Temporal and Spiritual , for he is Canon of Burgos as the French King is of a Church in Poitou ; But the Kings of Spain have bin from all times anointed from the time of King Vuamba , and after him Ervigius : for the Text of the Council of Toledo saith plainly , Serenissimus Ervigius Princeps Regni conscenderit Regni culmen , Regnandique per sacram Unctionem susceperit potestatem : Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome , and by the holy Oyl take a power to raign . After these the Gothik Kings were also anointed from Pelagius downward . Therfore t is a pure Paradox , or rather a vulgar Error , that none but the four mentiond Kings are capable of holy Unction . Argum. 8. Proving , That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions , and that he hath Empires under Him , &c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule , and not to be subordinat to any other Temporal Power whatsoever : Such an absolut Dominion the Catholik King enjoys , and is entaild upon him by the Laws of the Land ; though as a dutiful Son to the Church , out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things . Yet , ther are divers Tramontan Writers both Italian and Germans , who being devoted to the Emperour , wold make the Kings of Spain , England and France to acknowledg the Emperour , and they who do it not remain in no less then mortal sin ; And one of the main Arguments which they urge , is , That the Emperour Sigismund before the Council of Constance assembled , sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome . But herunto t is answerd , That the glorious Emperour Charles the fifth made a solemn Protestation , that he decreed nothing in Spain under the notion of Emperour : For though he had a double quality , yet , whatsoever he acted in Spain was singly as he was King therof . This signal Diploma , or publick Protestation is yet to be seen in the Archives of Spain , and is mentiond in the History of Pedro Mexia , which runs thus . Don Carlos por la gracia de Dios Rey de Romanos , futuro Emperador semper Augusto , Rey de Castilla y de Leon , &c. En uno con la muy alta , y muy Poderosa Reyna Donna Iuana mi Sennora Madre . Por quanto despues que plugo a la Divina Clementia ( por la qual los Reyes reynan ) que fuessemos Eligidos Rey de Romanos futuro Emperador , y que de Rey Catholico de Espanna ( con que eramos bien contentos ) fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar ; Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la I●…ierra , de preferir la dignidad Imperial a la Real , y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessi●…d que de razon , que por voluntad que dello tenemos , porque con toda reverencia , y acatamiento la honramos , y desseamos honrar y acatar , Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos , y esperamos tener tan gran sucession de Reynos y senorios como tenemos . Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna , ni a los Reyes nuestros Successores , ni a los naturales sus subditos que por tiempo fueren ; Por ende queremos que sepan todos los que agora son , ò seran de aqui adelante , que nuestra intencion , y voluntad es que la libertad , y exempcion que los dichos Reynos de Espanna , y Reyes dellos han tenido , y tienen , de que han gozado , y gozan de no reconocer Superior les sea agora , y de aqui adelante observada , y guardada inviolablemente , y que gozen de aquel estado , &c. Yo el Rey. Thus rendred into English. Don Carlos by the grace of God King of the Romans , and future Emperour always August , King of Castile and Leon , &c. together with the most high and most mighty Dame Ioan my Lady Mother . Wheras since it pleasd the Divine Clemency , by which Kings raign , that we were elected King of the Romans , future Emperour , and from a Catholik King of Spain , ( wherwith we were well contented ) we were promoted to the Empire , it was convenient that our Titles shold be orderd giving evry one his due place ; It was necessary ( conforming our selfs to Reason , wherby the Empire precedes to other secular Dignities , it being the highest and most sublime Dignity which God hath instituted on earth ) to prefer the Imperial Dignity before the Kingly , and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady ; which we did being pressd more by necessity then by any willingness we have therunto , because we honor and respect , and desire to honor and respect Her with all reverence and duty , in regard that besides the accomplishing of Gods Commandment wherunto we are obligd , we hold by Her , and hope to hold so great a succession to Kingdomes and Dominions which we hold . And because no prejudice or confusion may ensue to our said Kingdoms of Spain , nor to the Kings our ●…uccessors , nor to the Native Subjects that shall be for the time , Therfore our desire is , That all those who now are , and shall be herafter , may know , That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold , that they have enjoyd or do enjoy , Not to acknowledge a Superior , be observd unto Them now and herafter , and be inviolably kept ; And that they enjoy the same liberty and ingenuity which at the time of our promotion , and before they had and enjoyd , &c. And our will is , that this Declaration have the force and vigor of a Pragmatical Sanction , &c. Given in the City of Barcelona , 5. 7bris . 1519. I the King. This Royal Manifesto , or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain , and that they do not only renounce all subordinations , but are free from the least acknowledgment to any Forren Power : insomuch that it is enacted by the Laws of Spain , that to avoid the least suspition of any obedience to the Empire , the Civil Roman Law is not to be kept , or alledgd as Law. Nor indeed for driving out the Saracens , and other Infidels was Spain ever obligd to the Empire , or any other Extrinsik Power , but she did it by the effusion of her own blood , by the strength and valour of her own Natives . Moreover , the Kings of Spain are so far from any recognition of subjection to the Empire , or any outward power , that they themselfs in former Ages have bin frequently called Emperours in publik Instruments , as Decretals , Acts of Councils , and Apostolical Epistles from Rome . Now if they did merit to be calld Emperours then , how much more is that Title adaequat to the Kings of Spain in these latter times , wherin they are grown to be Lords of above half of the whole Terrestrial Globe ? Nor is the King of Spain thus exempt from all Forren extraneous Authority , but in point of intrinsecal and domestik Power he is as absolut as any other : for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions , which have bin many in regard he wars with all the world who repine at his Greatness . Yet is he still Re●… Hominum , a King of Men , viz. of Free Subjects , and not a King of Asinigos , as his next Neighbour is calld . Argum. 9. Proving , That the King of Spain may claim Precedence because he hath bin so obsequious a Son , and done such great Offices to the Christian Church . THer are three Offices which all Christian Kings are bound to perform towards the holy Church . The first is , To obey the Precepts , Canons and Injunctions of the Church , though it be only by an humble implicit Faith. The second is , To protect and defend the holy Church not only from Infidels , and open Enemies , but from Heretiks and Scismatiks . The third is , To erect Temples and decent Domes of Devotion for the service and worship of God , and to bewtifie and enrich them accordingly with Rents and Ornaments . The Kings of Spain have bin more renownd for these three then any in Christendome . Touching the first , Ther is no King or Souverain Prince whatsoever hath bin or is so exactly obedient to the Canonical Laws , and the Constitutions , Commands and Sanctions of the Church , as the Catholik King is known to be . Ther are no Kings that do more Corporal Penances when they are laid upon them by their Ghostly Fathers : For that Penitential Whip which Charles the Fifth usd , and left all besmeard with his own Blood , is usd often by this King , wherby he mingles his Blood with that of his great Granfather , besides that of his Granfather and Father ; which Penitential Whip is the most precious Legacie that the Kings of Spain use to leave their Sons upon their Death-beds , and is like so to continue to all Posterity . Touching the second Office for protecting the holy Church as well from Aposta●…s and Scismatiks as from open Enemies , I may well say without any derogation , that ther is no King comparable to the Catholik King. Spain did cleer her self with admired Valour and Prudence of three Nations that were enemies to the Christian Church , viz. the Saracens , the Moors , and the Iews : And the Cat●…olik King always bore such a high reverence to the holy Church , that they never got any considerable Victory but they sent the Trophies therof to the Vicar of Christ. I will produce one signal example : When King Albohazin Belamarin had invaded Spain with a mighty Fleet , transporting 20000 Horse , and 400000 Foot , the King of Granada joyning with him also , with all the Moriscos that were yet left in Spain , He first besiegd Tarifa , but Alfonso the eleventh King of Castile , with Alfonso King of Portugal did comport themselfs with such admired Courage and Magnanimity , having no Auxiliaries from any other Christian Nation , but a pure Army of Spaniards , that they obtaind a wonderful and glorious Victory , so that above 200000 Moors were destroyed in fight and flight , the rest made all slaves , as Mariana and Zurita make particular mention in their Chronicles . As soon as the triumphs for so blessd a Victory were ended in Spain , King Alfonso sent a splendid Embassy by Don Iuan de Leiva to Pope Benedict II. then keeping the Apostolik Seat at Auignon in France ; which Ambassador presented his Holiness with a great Banner , and four and twenty of the chiefest Colours they had taken from the Moors . Ther were presented besides 100 Barb Horses with rich saddles , wherunto Shields , Swords and Javelins were hung , and evry horse had a Marisco slave to attend him . Then the very Ginet wheron King Alfonso himself did ride when he got the Field , was presented with rich Caparisons embroderd with Perl . The Pope having notice herof , sent all the Cardinals , with a great number of Prelats to meet the Ambassador ; who being conducted to the Pope , he descended from the Pontifical Throne , and taking the Kings Banner into his hands , he sang with a loud voice , Vexilla Regis prodeunt , Fulget Christi mysterium : so making a pathetik elegant speech of so glorious an Exploit , they went all to the great Church to give God the glory , where the said Colours , Ensignes and Shields were hung up . I could bring many instances more of this nature , how highly respectful the Catholik Kings have bin always of the holy Church , and of her chief Governor in all Ages ; and how ready they have bin to sacrifice their bloods in defence of her . But let us go to these modern times , we know that his Catholik Majesty is in perpetual feud with the Common Enemy the Turk , and how he still disdaind to make a Peace with him though often wooed therunto , wheras other Kings make not only a Peace but Confederacies with him ever and anon . We know what a professd eager Enemy the Catholik King is to all Heretiks , how he suffers none to breathe in his Dominions ; How ready he is always to suppress them in defence of the Catholik Church , and St. Peters Chair , which by the supplantings and Machinations of the late Apostats had quite fallen down , unless the Catholik King had reachd his arms to support and bear it up . Touching the third Office of a Christian King , which is to erect Temples , and hansome places for the worship of Almighty God , no Kings have bin more pious and munificent in that kind : Witness that mighty Monument the Royal Monastery of St. Laurence at the Escurial , a Monument built to Eternity , and to ●…ug with the Iron teeth of time , as the thickness and solidity of the walls do shew . This one stupendous Monument of Piety , which is worthily accounted the eighth Wonder of the World , wold afford matter for one entire Volume of it self : Let it suffice to know here that it cost above twenty Millions the building : It was twenty years before it was finishd ; yet the Founder Philip the second , of eternal memory , enjoyd it twelve yeers after , and at last carried his own bones to be interrd in that glorious Pantheon he had expresly causd to be built for that use . What a world of Religious Houses did this pious Prince erect besides I for in Europe and America he built upon his own charge above a hundred Churches , Monasteries , and Hospitals . Now , it is a great matter for other Kings if they build a College , or Chappel , and are prayed for as great Benefactors ; then I pray what Prayers and Praises doth such a King deserve as Philip the Prudent was ! Argum. 10. Proving , That the King of Spain may claim Precedence because the Catholik Church hath and doth receave greater Protection and Emoluments from Him then from any other Prince . IT is recorded , That when Pope Gregory the thirteenth was sick , it was told him that he was much prayed for , in regard his Life so much concernd the welfare of the Church : He answerd , Helas , the prolongation of any Life can little avail the Catholik Church ; but pray for the health of King Philip , for his Life concerns Her more . Now , Spain hath been always renowned not only for protecting of the Church , and conquering of Infidels , but also for converting of Hereticks . VVe know that Osius Bishop of Corduba had the chiefest hand in the conversion of Constantin the Great , after his Mother Helena a British Lady , from whom he had suckd Christian milk at first , though t was not concocted to good blood until Osius did it . What great favours and indulgence did the poor persecuted Christians receave from ●…rajan , from Elius Hadrianus , from Antoninus Pius , from Theodosius ? all Spanish Emperours in the time of the ten Persecutions . How strongly did Spain tug with the Arrian Heresie till she was quite put upon her back , and at last converted ? The Albigenses in France who had such nefarious , and indeed nefandous Principles , As that it was lawful to destroy Churches , To pull down Crosses , To have Wives in common , That the Humane Soul was of Gods making , but the Body of the Devils , & c. I say , that these ugly Heretiks were principally converted by St. Dominik and by Didacus , ( Episcopus Oximensis ) both of them being Spaniards , and sent by Pope Innocent 3. expresly for that service in the raign of Lewis 7. of France ; wherin also Blanche Queen of Spain took much pains with great success . How much did Charles the fifth labour to quell Luther , and to crush the Cocatrice in the shell ! which causd this Distik to be made in those times of him , and Henry the Eighth of England : Carolus , Henricus , Christi Defensor Uterque Henricus Fidei , Carolus Ecclesiae . Charles and Henry both Defendors of Christ ; Charles of his Church , Henry of his Faith. And Spain is so zelous a Christian , that t is not only sufficient for her to abstain from Heresie , but from the very suspition therof ; which made her to erect , and raise up that wall of brass against it , I mean the Tribunal of the Inquisition . By which sacred Office the Vineyard of the Lord in the Spanish Dominions is kept free from brambles and thorns , with all noisome weeds ; T is preservd and hedgd therby from all wild ravenous Beasts that so much annoy her in other Kingdomes , and set fire on her skirts so often , which Spain by the most prudent and pious establishment of this holy Office is so happily made free . Moreover , ther have bin no Kings so eminently liberal , and munificent to the holy House of God , together with their Governors and Ministers , as the Kings of Spain have bin in all Ages ; insomuch that a computation hath bin made , that well neer the third part of Spain are spiritual Revenues , and the third part of the Churches have bin founded by Kings . The Archbishop of Toledo is the greatest Ecclesiastical Dignity in Christendome next the Papacy ; for it hath above 300000 Crowns annual Revenues , which countervails three of the best Archbishopriks in France . Nor have the Catholik Kings thought it any derogation to make their Sons Archbishops of that place , and Chancellors of Castile . Furthermore , ther hath bin a late calculation made , That of those five or six hundred Millions of Tresure that hath bin transported to Spain from Mexico and Peru since the discovery of the West-Indies , the Church hath the tenth part ; insomuch that in some petty Rural Churches one shall see huge massie Candlesticks of Silver , with large Chalices , Pixes , Crosses and Crucifixes , some of them of massie Gold , and inlaid with precious 〈◊〉 ▪ Nor is this Tresure lost that is given the Church ; For the Clergie of Spain have bin always ready to serve and assist their King in all his exigents and necessities : insomuch that it is a saying in Spain , That los tesoros de la yglesia son como 〈◊〉 contra ●…na tormenta , The tresures of the Church are as anchors against a storm . Adde herunto that no Kings of Spain have felt the fulminations of the Vatican , viz. the sentence of Excommunication , as other Kings have done ; But they have always obeyd with much exactness the Doctrine of the holy Church , resigning their Intellectuals , and the whole inward man to the determinations therof ; as also to defend them against all Opposers ; wheras divers French Kings have had clashes , and frequent contestations with the holy Father . What high feuds had Philippe le Bel with Pope Boniface 8 ! for he passd an Edict of Interdiction , that none of his Ecclesiastiks shold have commerce with Rome : He obeyd not the Pontificial censures , but toar his Letters , detaind his Legats , and convoqud a Provincial Council in Paris against his order , wherin ther were Accusations of Simony and Schism obtruded against him . But all this while the Kings of Castil●… and Aragon adherd to his Holiness as being the Head and Common Father of the Catholik Church . Lewis the eleventh of France against the Ecclesiastical Liberties did institut the Pragmatical Sanction , enforcing the Pope to assent therunto , wherby all the Cano●…cal Laws and Discipline fell in France , as Mausonius observes . Charles 8. enterd Rome against the Popes will , and did as good as war with him , as with an enemy , but the Catholik King Ferdinand 5. adherd to him to very good purpose . Touching Lewis 12. what a bitter enemy he was to the Apostolik seat ! what troubles he excited against Iulius 2. which gave the first countenance and rise to those Heresies that have pullulated in the Church , and so miserably torn the very Bowels of her ever since ! Philip 2. of France repudiating his lawful Wife , married another not only without the consent of Celestin , the holy Father , but against the opinion of his own Ecclesiastiks , whom he handled with so much rigor and tyranny . Philip the first of France did no less bandy against the Decrees of the Church in divers things , and did likewise cast off his Legitimat Wife , and forcd another . Lewis 6. of France did so persecut the holy Church , that he drew Anathemas and spiritual Execrations upon him . Lewis 7. of France had such contentions with Pope Innocent 〈◊〉 . that he remaind under the heavy sentence of Excommunication three full yeers . Charles le Bel was so highly disobedient to Pope Iohn 23. that he interdicted to pay him his Tenths , and other Ecclesiastik Rights . Francis 1. and Hen. 2. of France to their eternal reproach calld in the Turk to their assistance against the Christian Emperour . Of all which particulars ther are Authentik Historians who make mention , and leave it upon record to all Posterity . But the French speak very loud how Charles the fifth raisd such a fierce war against Clement 7. that he besiegd Rome , and made the Pope prisoner . T is confessd , but it was upon a pure temporal score ; yet he resented it so much , that it drew repentance from him ; nor did he grieve a whit that his General the Duke of Bourbon was killd as he was scaling the walls of Rome , because he had exceeded his commission : Nor when the news came to Spain of the success of the Emperours Army , was any joy of triumph shewd at all , but rather a dark sadness , and all the signes of sorrow , which possessd him to his dying day ; And for a compensation to the Holy Father , he establishd his Nephew in the State of Florence . Thus have we collected the Reasons and Arguments of these three great Monarks in order to a Precedence of Place , and Superiority . Concerning the Reasons of the two latter , they are excerpted , drawn and deprompted out of the eminentst Authors who have written in their behalf ; and that with such fidelity and truth , as the Majesty of so high a subject doth require , not omitting any Argument that had weight in it . Touching the competition twixt other Souverain Princes , as that twixt the King of Denmark and Him of Sweden , who both entitle themselfs Kings of the Goths and Vandals ; as also that twixt the Portugues and the Pole ; Twixt the Republiks of Venice and Genoa , who both pretend to be Teste Coronate , to be Crowned Heads , because th●… one had the Kingdome of Cyprus , the other hath that of Corsica under her Dominion ; as likewise the old Competition twixt the Duke of Savoy , and Him of Milan , ( which is now drownd in the Spanish Titles ) Nor of the Princes of Germany ; I say , that the Disputes of these Precedencies do not belong to this present Discourse . Ther are also divers other Competitions twixt Cities as well as Souvrain Princes , as twixt Milan and Ravenna in Italy ; twixt Strasburg and Norimburg in Germany ; twixt Toledo & Burgos in Spain , which Philip 2. did in some mesure reconcile : For when in a Parlement ( which they call Las Cortes ) ther was a high feud twixt these two Cities , whose Bourgesse shold speak first ; the King stood up and said , Hable Burgos , que por Toledo hablare yo ; Let Burgos speak , for Toledo I will speak my self . The like Competition is in England for Precedence twixt Oxford and Cambridge , which hath bin often debated in Parlement , though Oxford had always the better , because she is namd first in all Acts of Parlement for Subsidies . Nor indeed hath Cambridge reason to contend in this point , if Antiquity take place , and Antiquity is a good argument ; for Lucian will tell us , that when ther was a Contest in Heven twixt Esculapius and Hercules for Precedence , Esculapius carried it , because he came first thither . Therfore Cambridge need not be offended with the Poet when he sung , Hysteron & Proteron praepostera forma loquendi , Exempli causa Cant'brigia Oxonium . Ther 's also another Argument for Oxford drawn ab Etymologia , which the Philosopher tells us is a good way of arguing , viz. Ther was an Ox and a Ford , then Came a Bridge . But these two Noble Sisters as they are unparallelld by any other in their kind , let them be equal among themselfs , and listen unto the Poet , Sisters , why strive you for Antiquity ? The older still the likelier for to die ; Wold you wish your own ruine ? surely no , Let Mouldring Age on meaner things take hold , But may You florish still , and nere grow old . And let this be a Close to the Third Section . The fourth , & last Section , CONTAINING A DISCOURSE OF AMBASSADORS . THer is a good Rule in the Schools , Qui bene dividit bene docet : Therfore we will make this Fourth Section to conform and quadrat with the other Three in point of Division ▪ It shall also be a Decade with the rest ; and as ther is Affinity of Matter betwixt them , so ther shall be affinity of Method ; For it shall likewise consist of ten Parts or Paragraphs . 1. The first shall be of the derivation and Etymologie of this word Ambassador ; with the Definition , Division and Denomination of Ambassadors and Legats . 2. The second shall be of the indispensable and absolut necessity of Ambassadors , and that Mankind cannot subsist without Them. 3. Of the Antiquity , the first Rise and Pedigree of Ambassadors ; as also of their Dignity , high Honor and Pre-eminence , and who are capable to employ them . 4. Of their Privileges , Reception , Security , and the inviolable sacred esteem of their Persons . 5. Of the Breeding and Education , the Parts and Perfections both acquird and natural which are requird in an Ambassador . 6. Of the Election and choice of an Ambassador , that he should be Par Negotio , adaequat to the Employment he goes about . 7. Of the Office and Duty of an Ambassador in the execution of his Place , and acquitting Himself of the great Fiduciary Trust reposd in Him. 8. Of the Laws of England relating to Ambassadors , how they use to be receavd , and treated in the English Court , and what Rewards they receave , &c. 9. Of the wise Comportment , and witty Sayings of divers Ambassadors during the time of their Negotiation . 10. Of the extraordinary Prudence and Reservedness , the Stoutness and Generosity of divers English Ambassadors , &c. THer are many Authors who have made it their business to write of Ambassadors , and of their Office , Incumbency and Charge ; as also of their Qualities , Breeding , and sutable Parts . They have moreover undertaken to prescribe them Rules , Precepts and Cautions ; but those Precepts may fit any other Minister of State , or Magistrat , and so they amuse the Reader with Universals . But this Discourse shall keep close to the Person of the Ambassador , and to the Nature of his Function , Office and Duty . And so we will take the first Paragraph in hand . 1 Paragraph , Touching the derivation and Etymologie of this word Ambassador ; With the Definition , Division , and Denomination of Ambassadors and Legats . NEither Don Antonio de Zuniga the Spaniard , nor Doctor Gasparo Bragaccia the Italian , with divers others who have written so largely of an Ambassador , do let us know what the Word is , either Ambassadeur , Ambasciatore , Embaxador , or Ambascia . Now we find them all to be of great Antiquity , for they are derivd of an old Celtik or Gaulish word ; which Celtiks were before the Greeks or Latins , a Peeple that dwelt where Paris in France now stands , being calld so before the Romans or the Franconians came in . Now Embassy or Ambascy comes of Ambachten , which is to work ; and Ambacht was a servant in the old Gaulik or Celtik toung , wherunto alludes Bachken , usd yet in Wales for a servant ; wherby among divers other Arguments it is very probable that the ancient Gaules and Britains spake one Language originally ; From hence came Ambactus which Tacitus useth , when he saith , That Galli plurimos circumse Ambactos Clientesque habent . So that Ambasciator derivd hence , is come now to be a servant , or Minister of honor ; for in some Translations we have Paulus Dei gratia Diaconus , & Ambasciator : Insomuch that it may well extend to the holy Function of Priests : For the Minister on the Desk may be said to be the Peeples Ambassador to God , and in the Pulpit Gods Ambassador to the Peeple . But the Italians wold have Ambasciatore to come from the old Hetruscan word Bascer , which signifidth nunciare , to report or declare . Others have a conceit that it may come from the word Ambo , because he is a Mediator twixt both Parties . Now , touching the Definition of an Ambassador , or Legat , Don Antonio de Zuniga , defines him thus : A Legat or Ambassador is a Conciliator of the Affairs of Princes ; A Man sent from far to treat of publik Concernments by particular Election , not by strength and stratagems of War , but by Eloquence and force of Wit. Others define him to be a Subject who resembleth a Mediator of Love. Concerning the word Legat , Resoldus tells us in brief , that He is one who is sent to deliver the Commands of another : but none of these can be calld properly Definitions according to the Rules of Logik , but Descriptions . They are calld sometimes Orators , from Oracion , or the fluency of the Toung , which is the chiefest tool of an Ambassador . They are calld also Nuncii , because they come to declare and tell . Now , Nuncii and Legats are of late Ages they whom the Popa sends , whose Ministers of this kind have a mixt employment twixt Spiritual and Secular . Legats are of three sorts , ther is Legatus Natus , Legatus Missus , and Legatus à Latere : The first hath a perpetual successif Legantine Power , as the Archbishop of Canterbury in England , is endowed with that Prerogative as a Dignity annexd to the Archbishoprik above 1000 years since ; therfore ther can no other Legats come to England without the Kings special consent : wherupon one of the Articles against Cardinal Wolsey was , That he exercised a Legantine Power in England without the Kings privity . Then ther is Legatus Missus , and he signifieth as much as an ordinary Nuncio . Then ther is Legatus à Latere , or Apostolical Nuncio , who is desumd out of the number of Cardinals only , and they are sometimes G●…vernors of Provinces , or calld Pro-consuls ; and they are calld Legati de Latere , because they are neerest the side , and the greatest Confidents of the Pope . We may read in Iustine that Ambassadors by some are calld Lenones Bawds , ( but taken in a chast sense ) because by smooth and alluring Language they move the affections of the Prince to whom they are sent . The Greeks call their Ambassadors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because they ought to be of yeers , and well salted in the world . Ther are also Deputies and Commissaries who have the same Office as Ambassadors ; but the Civilians make this difference betwixt them , that Ambassadors are sent to Equals , Deputies to Superiors , and Commissaries to Inferiors . Ther is also a publik Minister of State calld Agent ; and he is sent when ther is a suspition that the Ambassador will not be honord as he shold be . Therfore the French Kings of late yeers have no Ambassadors in the Emperors Court , but Agents , because of the Competition for Precedence twixt him and Spain . Agents are likewise employd sometimes to save charges , or that the Business may be done without noise . Ahd of late yeers ther is a new Minister of State invented , which is a Resident , who is superiour to an Agent , and inferiour to an Ambassador . Both Agent and Resident have the Security , though not the Session and state , or such a latitude of power as Ambassadors have : Now , Agents may dispatch Businesses of as great consequence as Ambassadors , though they do it more secretly , and with lesse stir . Therfore Hottoman saith , That the Queen of England , and the Princes of Germany had des Agens Secrets in Venice , because that in regard of diversity of Religion , the Senat wold not seem to make too strict a frendship with them ; and for these secret Employments Merchants have bin thought to be the fittest Instruments , because under the cloak of Trading they may also hide Affairs of State. Ther are also Heralds which are a sort of Ambassadors , and they are very ancient ; They are calld Caduceatores , whose Office is to denounce War : for such was the open honesty of our Ancestors , that they would not commence a War until they had sent notice of it in a convenient time beforehand ; and these had also the security of Ambassadors for the time , but they were strictly tied to the very same words that were dictated unto them . Their persons also are to be as free from any outrage as Ambassadors are , which made the Earl of Essex check his soldiers in Keinton-field when the late King sent Sir William le Neve King of Arms the next morning after the Battail was sought ; who wold have outragd Him. Ther are also other Ministers of State that draw neer to the nature of Ambassadors , which are calld Consuls , wherof some have Royal Commission , though the nature of their Office be to protect and assist the Merchant , being practisd in the Custome and Language of the Country , in their Law-suits ; and ther is as much esteem had of these as of Agents . Of these England hath more then any , and they are allowd very noble allowance ; as he of Aleppo hath 4000 Dollars yeerly , and they of Smyrna and Mosco little less : but if ther be an Ambassador in that Dominion where they serve , they are subordinat to his commands in divers things . We will conclude this Paragraph with this distinction of Ambassadors , That some are extraordinary or pro tempore employd upon some particular great Affairs , or Condolements , or Congratulations , or for Overtures of Marriage , &c. and they use to go with greater lustre and magnificence , and may return without sending for leave , unless ther be a restraining clause in their Commission . The other are Ordinary or Lidger Ambassadors commanded to reside in the place until they receave Letters of Revocation ; and as their time of return is indefinit , so their business is incertain , arising out of emergent occasions , and commonly the protection and affairs of the Merchants is their greatest care . But Albericus Gentilis , with all the great Civilians , alledge that these kinde of Ambassadors were not known but of late yeers , and Paschalius calls them no better then Emissaries , Explorators or Spyes , which made Hen. 7. of England , as he saith , admit of none . The second Paragraph , Of the absolut and indispensable necessity of Ambassadors , and that Mankind cannot subsist without them . IF it were not for Ambassadors Wars wold be endless , and Enmities everlasting ; Ther wold be no knowledg , no frendship among Princes , nor commerce among Nations . Brunus says , That among all Functions , all Offices and Employments of a Commonwealth , ther is none more necessary , more difficult , more honorable , and that requires greater discretion , sagacity and caution , then that of an Ambassador : but as it is accompanied with honor and profit , so it is with danger and hazard . Ambassadors are the emissititious Eyes of a Prince , they are his ears and hands , they are his very understanding and reason , they are his breath and voice ; in contemplation wherof the Poet sings that an Ambassador is — Vox Regum , lingua salutis , Foederis Orator , pacis via , Terminus irae , Semen Amicitiae , Belli fuga , litibus hostis . It is observd in all stories , and confirmd by multitude of examples , that the Interview and encounter of Kings hath bin rather a disadvantage then an advance to any great business , specially in treating of Capitulations of Peace . Therfore in the Politiks t is a Principle , that in Colloquies for Pacification Princes shold not appeer in person , but be represented by their Ambassadors and Commissaries . A Journey to be performd by Kings requires much trouble and charges ; much ado ther is in fitting their train , that they may appeer in a fitting equippage ; all which consumes time , as also what high ceremonies are to be usd in so solemn an action . Philip Comines , who always dismisseth his Readers wiser then they came , gives special Cautions for this , Affirming that the congress of Souverain Princes in regard of the various circumstances that attend it , is a meer folly ; it is exposd to emulation , jelousies , and envy , as also to delays , and retarding of things by needless solemnities . He makes an instance in the personal Encounter which the Kings of England and France had , ( where it is observable that he puts England before France ) adding further , that Lewis the eleventh though a politik wise King , was much afraid before-hand that some word might slip from him which might give offence , or some advantage to the King of England , or his Ministers ; Herunto he adds an infortunat Journey that the King of Portugal made to the said King Lewis for assistance against the Castilians , which perhaps he might have procurd by a discreet Ambassador , which makes him give a caution touching this point . Bien tard ●…n Prince se doit mettre soubs la main d'un autre , ni aller cercher son secours en personne : A Prince shold hardly put himself under the hands of another , or go seek aid of him in person . Paulus Emilius also describing the personal meeting that was between King Richard of England and Philip Augustus of France , ( who also in the relation puts him of England before France ) saith , that their often Conversation and Colloquies did much retard and disadvantage the great business of an Expedition to the Holy Land. We will adde herunto the memorable example twixt Matthias King of Hungary , and Uladislaus King of Bohemia , who after a long War were to meet for concluding a peace in Olmutts in Moravia , where Matthias ( meerly out of state ) made Uladislaus stay for him 15 days ; Moreover , Matthias came with a green Garland about his temples in policy that he might not uncover his head : Uladislaus therupon causd his Cap to be so girded and knotted about that it could not be taken off . — Sic Ars d●…luditur arte . But ther is a Modern Example far more pregnant then any of these , of Charles the first King of England , whose Journey to the Court of Spain , though the designe was Princely and Noble in it self , for it was to endear himself the more to the Lady Infanta ; yet it provd very disadvantagious , for it distracted and retarded the whole business both of Match and restitution of the Palatinat , when by the negotiation of Ambassadors it had bin brought to such a passe of perfection , that it had taken effect had not the Prince come thither , which gave occasion for the two great Favorits Buckingham and Olivares to clash one with another , which broke the neck of so great a Business that had bin a moulding above ten yeers ; which had it bin left to the sole management of Ambassadors , had in all probability bin consummated . Thus we see how absolutly requisit and necessary , how advantagious and essential Ambassadors are to a Kingdom or Common-wealth ; which made the Roman Orator say , Sentio Legatorum munus tum Hominum Praesidio munitum esse , tum etiam Divino Iure circumvallatum : I ●…old the function of Ambassadors to be fencd by mens power , and fortified by Divine right . We will conclude with a Cannon of the Civilians , Legatorum munus perquam utile est , ac perquam necessarium : The Office of Ambassadors is most 〈◊〉 , and most necessary ; which makes the Spaniards call it Santo Officio y Ministerio de los Angeles , The holy Office and Ministry o●… Angells . The third Paragraph , Of the Antiquity , the first Rise and Pedigree of Ambassadors ; as also of their Dignity , high Honor and Pre-eminence , and who are capable to qualifie , and employ Ambassadors . FRom the Necessity of Ambassadors we will proceed to their Antiquity ; and surely they must needs be very ancient if they are so necessary . Some draw their antiquity from Belus the Father of Ninus ; but Iosephus makes them more ancient , and refers their Original to God Himself , who was pleasd to create the Angels for this Ministry ; Therfore Embassy in Greek is calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as being derivd by imitation from the Hierarchy of Angels , who are made the Ambassadors of the great King of Heven upon extraordinary occasions , either for revelation of the successe of Kingdoms , as the Archangel Gabriel was to Daniel ; Or for the declaring of some rare and signal thing , as He was sent also to the Blessed Virgin of the Conception of our Saviour , &c. Now , ther is no Order or Government in this lower World as well Ecclesiastical as Secular but it is had from the Pattern of the higher , in regard that God Almighty created the Elementary World , and appointed the Government therof to conform with the Architype and chief Pattern , or Ideal Form of the same conceavd at first in the Divine mind , and prescribd to the Hevenly Kingdome . Herunto alludes the Fiction of the ancient Pagans ; For Aristides tels us , that in the first Age of the World , wheras Mankind was infected by Brute Animals , wherof some were far stronger , others swifter , others were Venemous , which made Mankind become often a prey to Birds , to Beasts and Serpents , Prometheus being sollicitous and studious for the safety of the humane Creture , became Ambassador , or Orator to Iupiter for declaring the misery of Mankinde ; Herupon Iupiter resolvd to send his son Mercury to teach Man Rhetorik , that is , to speak well and movingly ; but with this restriction , that he shold not communicat this Art to all , but to the excellentst , the wisest and valiantst sort of men : By means herof they came down from the mountains , and forth out of Caves and places of fastness , and by means of that Art of Rhetorik or Eloquence they united themselfs to civil Societies and coalitions . Hence it may be inferrd that Mercury the God of Eloquence was the first Ambassador , and he is painted with wings on his heels to denote expedition ; Besides , he carrieth a white Wand calld Caduceus in his hand , encircled with two Dragons greeting one another , which signifieth that his Office is to make Peace , Alliances and Legues , as also to de nounce VVar , which is intimated by the immanity of the Dragon . Having thus displayed the Antiquity , we come now to the Honor of Ambassadors ; and questionless they must needs be very honorable being so ancient . Royalty may be said , without prophaness , to be a Ray of Divinity ; and Honor is a Ray of Royalty ; The first is derivd immediatly from Heven , the other from Earthly Kings , who are calld the Fountains of Honor. Now , the reflections of this second Ray falls no where so directly as upon Ambassadors , who represent and personat Souverain Princes , which makes their Houses Sanctuaries , and their Persons so sacred , inviolable and excellent : and they have this high honor given them not only for their own sakes , and their Masters , but as they are Instruments of so universal good , as suppressing of Wars by making Peace , Frendship and Concord ; or for the advancement of Commerce and Frendship . Now , it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince : Ther is no subject capable to send or receave any Ambassador , be he never so great a Viceroy ; if he do , it is no less then High Treson . Therfore before the beginning of the last Civil Wars in England , it was Treson in the highest degree for the Scots Inconsulto Principe , to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance . And though the King himself made a semblance not to admit or hear them , yet his fiery Cardinal huggd them ; whence it may be well said the first flames of the said VVars broke out . It is recorded in the Life of Eliz. Queen of England , that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State ; but the Queen wold not admit him , because he could produce neither Commission or Credential Letter from the King of Spain , whose Vassal Alva was . In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador , because they are subject to the Empire , and have a Superior , having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg , as Meteranus relates , and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire , and consequently they had no power to make Peace or War without the consent of Caesar , which they then acknowledgd by their Letters sent to Colen . The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories , but not the state of the Empire : The like the Hans Town may do . But Rebels have no capacity to employ any in quality of Ministers of State , no not so much as an Herald : Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany , and dismissing him unpunishd ; though he told him that if he came again , in steed of a Gold Chain he shold have a Halter for his reward . Touching the Electors or Princes of Germany , and the Hans Towns , or Cities of the Hansa , it hath bin much controverted whether they had Ius Legationis , whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors . Concerning the first , Kirknerus a great Civilian holds , That the German Princes may have such a Prerogative , but it is secundario tantum Iure . Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium , sed tantùm sui Territorii ratione , eo enim Ipsis intuitu tantùm datum ; ultra igitur terminos non est procedendum , fieret enim altàs prejudicium Imperatori , &c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right , not to treat of Affairs concerning the Universal Empire , but of things only appertaining to their own particular Territories , and beyond those bounds they must not proceed . And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind , but , &c. As for the Hans Towns and Corporations , they claim the same privilege as the Princes do , for they are free Imperial Cities , and communicat of the same Regalias , yet all by the indulgence of the Emperour , wherunto his necessities from time to time enforcd him . The Provinces of Belgia , or the Netherlands , under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults ; but Philip the second choppd off his head , saying , That Vassals , much less Rebels , have no power to employ Ambassadors ; Yet this King his Grandchild admitted Ascham who came from as notorious Rebels , ( though not in reference to him ) which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State , and that she was the chiefest supportress of them . VVe will conclude this Paragraph with this Ticklish Point , VVhether a Protestant Prince may not send an Ambassador to the Pope , and by way of civil correspondence receave another from Him : though Iustice Ashton was of a contrary opinion , yet Sir Edward Coke was for the Affirmatif ; and his reason is , because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince ; and ther may be Ambassadors sent to him as well as to the Turk , or Mogor . The fourth Paragraph ▪ Of the Privileges , Security , Reception , and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors . AMong many other Privileges which Ambassadors enjoy , and are endowd withal Iure Gentium by the Law of Nations , not only their Persons have bin always esteemd sacred and inviolable , but their Houses have bin held and allowd as Sanctuaries , all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages , violence or arrests . And they have this security not only in Courts and Cities , but in the midst of Armies in the Field , twixt Swords , Muskets and Guns : for though Ambassadors come from an Enemy , yet they are accounted none . VVhensoever they take footing upon the shore , or confines of any Prince to whom they are sent , they use to be attended by Harbingers and other Officers all the way , till they arrive at the Court. If they be robbd , the King makes good their losses : If an extraordinary Ambassador , he is attended at his first entrance with a more splendid equippage ; he is Lodgd , and Dieted at the Kings charge for so many days with his whole train . At his Audience the King riseth to him , pulls off his Hat , and bows his Body , &c. Besoldus produceth the King of England , anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself ; His words are , Angliae Rex Gallicum Legatum planè ut Regem observavit , eique supremum locum concessit , adeoque honoravit , ut in Comoediis ipsius Regis filiae sustineret personam : The King of England observd the French Ambassador plainly as the King , and gave him the upper place , and he so honord him that he held by the arm the Kings Daughter to a Comedy . But the Princes Electors carry themselfs high in this particular , for they take place of Ambassadors ; and the reason which Guetta and other Civilians give , is , In praesente Principe vera Majestas , in Legato tantùm dignitas aliena ; In Principe reiveritas , in Legato effigiata & adumbrata est : ut autem umbra Luci , ita Principi Legatus ; quamvis enim Fictio tantùm operetur quantùm rei veritas ipsa , tamen ubi veritas & Fictio adidem collimant , veritas praevalet Fictioni . In the present Prince ther is real Majesty , in an Ambassador only a representative ; In the Prince ther is the truth of the thing , in an Ambassador the effigies or shadow : Now as the shadow yeelds to the light , so an Ambassador must yeeld to a Prince ; For although a Fiction operats as much as the truth of the thing , yet where Truth and Fiction aim at one thing , Truth is Prevalent . Nay , the Electors jointly hold themselfs to be more then the Emperour , he being their production , and made by their Suffrages and election ; and the Rule of Heraldry is Honor est in Dante . But all this is by the by . Now , so high and transcendent is the privilege of an Ambassador , and his Person so sacred , that whosoever doth perpetrat any thing against his safety , he is guilty of High Treson of Laesae Majestatis , that is , of prostituted Faith , Publik Authority , and of a breach of the Law of Nations . Qui violarit Legatum Lege Iulia de vi publica tenetur , VVho violats an Ambassador by the Iulian Law he is guilty of publik violence ; and by the Pontifical Law t is no less then a Piacle , therfore he is interdicted from the benefit of holy things . We will produce some Examples what revenges have followd for the violation of Ambassadors . The King of the Ammonits did deride and ill entreat the Ambassadors of King David , and to make them more contumelious , their Beards were half shaven , and their garments torn to their tails ; but what ensued ? the Ammonits afterward were overcome in Battail , and Rabba their chief City being taken , it was sacrificed with other Cities also to free plunder , and the fury of the soldiers ; so the affronts done to the Ambassadors were vindicated . The Romans usd for a Piaculary Revenge to send those who had violated an Ambassador to the King whose person he represented as a victime , that he might inflict upon them what punishment he pleased for the a●…rocity of the Fact. So Minutius and Manlius were sent to Carthage by a solemn Decree of the Senat because they had wrongd her Ambassadors at Rome . And so respectful were the Romans of the sacred Persons of Ambassadors , that if any free Citizen of Rome did offer the least violence though by words only , he was degraded of being a free Citizen ever after . Nay , the very name of Ambassador is so sacred , that ther is a rare example that though some did counterfait it , yet they wold lay no violent hands upon them ; For Scipio Africanus having taken a ship laden with many illustrious Carthaginians , they said that they were Ambassadors sent to him , yet , though it was found they were none , he dismissd them peaceably , That as Valerius hath it , Romani Imperatoris potiùs decepta fides quàm frustra implorata videretur . Ambassadors also have a privilege that what children they get abroad , be it under what Climat it will during their Legation , they are free-born Denizens of that Country whence they come , and need no Naturalization ; and the reason which Hotoman gives , is , that they cannot be said to be absent thence all the while , being still doing the business of their own Country , though they live as Exiles for the time for the common good . Besides , if they chance to die there , their goods are not subject to droit d' Aubaine , that is , they do not fall by Escheatage to the King as other strangers goods do in some Countries . When they are revokd home , they are advanced to the best Offices , and not only as a jeering French-man said to pluck Capons , as Sir Henry Vane , Sir Peter Wichts , and Sir Thomas Edmonds were , who were made Officers of the Green-cloth in the Kings Houshold ; Lastly , after their deaths ther were statues erected to perpetuat their memories . The fifth Paragraph , Of the Breeding and Education , of the Parts and Perfections both Acquird and Natural which are requird in an Ambassador . AS in a General , or Commander in chief of an Army , ther is requird Valour , Magnanimity and Courage ; so in an Ambassador ther is Wisdome , Discretion and Prudence requird : The one is for Performance and Action , the other is for Counsel and Negotiation . Ther is also Elocution requisit in both , in the one to enforce the justice of the Quarrel , and to infuse courage into the soldiers by his Hortatives , in lieu wherof Sermons are made use of in latter Ages ; in the other to move the affections of the Prince he is sent unto . Therfore Mercury was appointed to be Ambassador of the Gods in regard of his Eloquence . And this strain of well-speaking in an Ambassador must be natural as well as by art ; for the Italian tells us , Una oncia di Natura vale una libra di Dottrina , An ounce of Nature is worth a pound of Learning . Touching matter of Literature , ther are two principal Qualities requird in him , viz. to be a good Historian and a good Linguist ; being the first , t is presumd he is stord with Examples , Precedents and Observations of the Carriage of other Ambassadors ; Of what encounters and difficulties they found in their Negotiations , and what successes they had . By being a good Linguist he hath extraordinary advantage to facilitat his affairs , to converse with other Ambassadors upon the place ; to get intelligence , and gain the knowledge and frendship of the prime men and Ministers of that Prince to whom he is employd , and to get his favor also . But it is a caution which the Civilians give , That an Ambassador shold not speak but in a Language which he well understands for fear of slips , and placing a word amiss : Now , t is a great truth specially in an Ambassador , that Meglio è sducciolare co ' piedi che con la lingua , T is better to slip with the foot then with the toung : Now , the toung being by the institution of Nature in udo posita , put in a moist place , is very subject to slip . That worthy Knight Frederik Marselaer in his Book calld the Legat , and the Civilians , point at divers qualities that shold be in an Ambassador . 1. He shold be an Indigena born in that Country whence he comes , that all his hopes of preferment may be there : and certainly a Stranger or Alien though made free Denizen cannot be so proper ; for a true-born Childe must needs negotiat with more affection for the honor and safety , for the benefit and interest of his own native Country and Mother . 2. He must be a Gentleman born , or Noble ; for all Gentlemen are accounted Noble in other Countries . He must be no Agaso or Caprimulgus , and then he will gain more respect from the Prince and Peeple to whom he is employd : for since he must take Precedence of Princes , Dukes , Marquisses and Earls , &c. they will not think it much to give him priority of place being well born . 3. He must be a comely and graceful Person being to represent the person of his Prince ; for the peeple of that Country to whom he is sent will be apt to think that the Prince whom he personats is so . We read that Artaxerces culld out sorty of the hansomst men that could be found to send in quality of Ambassadors to Alexander , who were also hansomely clad , so that it was a question whether they were a greater ornament to their Garments , or their Garments to them , as the Greeks said . An Ambassador being employed from England to Rome with a train of very comely Gentlemen , the Pope beholding them , said , Hi videntur potius Angeli quam Angli , These appeer rather to be Angels then English-men . Aristotle being askd why outward beuty and comliness begat so much love , answerd , That this was a Blind-mans question . 4. That he shold be well in yeers ; for Experience being the great Looking-glass of Wisdome , and Wisdome being the principal Vertu requird in an Ambassador , Men that have many yeers on their backs qui ont pisse en beaucoup de neiges , as the Frenchman saith , must needs have more experience by observing the vicissitude of worldly things , and the successes therof ; who have passed the unruly affections of Youth , which like so many Mastiffs do daily set upon us . Senators ( or Counsellors of State ) are denominated from Senes , Old men ; and an Ambassador , who may be rankd among the highest Counsellors of State , shold be so . T is a tru saying , Qui in multis versati , versuti sunt . 5. That he shold be of a proportionable good Estate , and not indigent , for then he will be the more sedulous , diligent and careful in his charge , because he hath something to loose : for his Estate may be said to be his Bayl all the while he is abroad . Moreover , it will add much to the reputation of an Ambassador if he be known to be rich . 6. He must be liberal and munificent , remembring the Person whom he represents : for a sordid parsimony and niggardness is odious in all men , specially in an Ambassador . The Spaniaro saith , That Dadivas entran sin taladro , Gifts make their way in without a Wimble , and nothing concerns an Ambassador more then to make his way into the Consults and Transactions of state of that Court where he resides , which cannot be done if he be close-fisted . When Sulpitius Galba and Aurelius Cotta did contend who shold be sent to Spain Ambassador in the time of Viriatus , Emilianus one of the Senators said , That neither of them was fit ; for the one was poor , and the other was covetous ; th●… one had nothing , and nothing wold satisfie the other . Ther is a remarkable passage in Iovius , That when the Florentines sent Ambassadors to Charles 5. and Clement 7. being then at Bolonia , together with their houshold-stuff , they brought covertly many rich Commodities to sell , because they might be free from paying the Gabel : But the Searchers of the Custome house having discoverd it , they became a laughing-stock ; and , as unworthy of the Office of Ambassadors , they were remanded home without audience . By this example it appeers that Ambassadors Luggages may be searchd ; Wherunto we may add another of Sir Thomas Chaloner sent Ambassador to Spain by Queen Elizabeth , who sending complaint home that his Chests had bin searchd , the Council sitting therupon determind , as Campden hath it , in these words , Legato omnia aequi bonique ferenda , dummodo Principis Honor non directè violetur ; An Ambassador must bear all things patiently , provided that the Honor of the Prince ( whom he serves ) be not directly violated . 7. He must be accostable and courteous , and not of a moross humor , yet reserving still his sta●…e and gravity when time , place and persons require . Urbanity and gentleness works much upon all affections , and he is a cheap Frend who is got by a Complement : Therfore it becomes and behoves an Ambassador to comply with all in civilities by being of a winning , complacentious and benign behaviour ; yet not to make himself too cheap , and to have a special care where he placeth his Complements . 8. An Ambassador also must be constant , and tenacious of the Religion of his Prince and Country , both in the confident profession , and constant practice therof ; if he cannot publikly , yet privatly within the walls of his own House ; for nothing raiseth a repute more then an opinion of Piety . Therfore he must be very careful in the choice of his house , that it be fair and large , and a good distance from the Court , otherwise he may be pesterd with too many Visiters that will have their feet under his table ever and anon . He must be also constant to the habit and vests of his own King and Country : For he who doth not follow the fashion of his Prince herin , may be said Exuere Personam ; and this was imputed as a great fault and fantastiqueness in my Lord Rosse when he went to Spain in King Iames his time , who appeerd at his first Audience , and continued afterwards in the Spanish habit . An Ambassador must be also very careful in the choice of Liveries for his Pages and Laquays , that they be rich and fair , but not fantastical : As likewise that he be well Coachd , and that his Coach be well drawn by good Horses ; for nothing sets forth the lustre of an Ambassador more . The sixth Paragraph , Touching the Election and appointment of an Ambassador , that He shold be Par Negotio , or adaequat to the Employment He goes about . THe discretion and prudence of a Prince discovers it self in nothing more then in the choice of his Instruments . The old Poet tells us , If Carpenter have not good Tools , He makes ill-favourd Chairs and Stools . But of all other Instruments and Officers , ther must be most inspection had in the choice of his Ambassador : for as the incolumity of the Kingdome depends upon the King , so the welfare of the King depends much upon the ability of his Ambassador . Therfore this trustful Charge , this sacred Function must not be prostituted to evry one , for Ex quol●…bet ligno non fit Mercurius , Evry one is not cut out for a Mercury , that is , an Ambassador ; for Mercury is accounted the God of Ambassadors . The Romans for a time did choose Ambassadors Sortilegio , by Lots , as the Venetians now choose their Doge ; and this was to prevent competitions and corruptions : Some were chosen Togâ , by the Gown for their wisdome ; some Sago , by the Cassock ●…or their experience in the War , according as the quality of the present business did require ; and indeed t is a great advantage to an Ambassador to have something of a Soldier in him , howsoever he must go always Cinctus gladio , with his Sword by his side ; and the Prince who sends him must have also his Sword in his hand though he treats of peace . The principalst quality requird in him is to be Intrepidus , to be fearless , resolut and stout . He must not be pusillanimous and sheepish ; for the witty Proverb will tell him , Chi pecora si fà il lupo se la mangia , Who makes himself a sheep the wolf will devour him : Therfore ther must be a special care had to pry into the genius and natural disposition of the party in this particular ; for t is a tru principle in humane Nature , That a Coward cannot be an honest man , and Honesty is a main thing requird in an Ambassador . Therfore he must not be dejected and cast down at the cross traverses and success of any business ; his courage must not be daunted or dashd at any thing . He must be also bold and confident in his Proposals and Demands ; for Qui timidè rogat docet negare , Who asks with fear teacheth how to deny : And let him be sure to ask rather too much then too little ; for Domanda assai , che non mancherà poi à calare ; Ask enough , and ther will be enough to aba●…e afterwards : Therfore let him not be stanchd , or mealy-mouthd in his Demands and Audiences ; Blushing and Bashfulness are commendable in Maids and Boys , but odious in Ambassadors ; therfore the Spaniard hath a witty Proverb , Al Vergonzoso el Diablo le truxo al Palacio , The Devil brought the Bashful to Court. Wherfore in the election of an Ambassador ther must be a regard had to his natural disposition , that he be confident and hardy . Ther is a memorable observation and saying of Philip the second King of Spain , calld El Prudente , that when he had designd one for an Ambassador , he came faintily and coldly to him to propose some things for the accommodation of his Embassy ; The King observing it , said , How can I expect that this man can promote and effectuat my Businesses , when he is so fainty and fearful in the sollicitation of his own ? To prevent this , the probablest way is to make choice of a generous and well - extracted person , for Degeneres animos Timor arguit . One of the greatest blemishes that Historians do cast upon Lewis the eleventh of France , is , that he made choice of his Barbe●… to be Ambassador to the Duke of Burgundy ; and it was upon no ordinary business , for it was to make an overture of a March with the young Princess his Daughter ; but the mean opinion which was had of the quality of the man overthrew the business . Matthaeus Palmerius an Apothecary of Florence had bet●…er luck then the French Barber had ; For he being sent in quality of Ambassador to Alfonso King of Naples , and having acquitted himself so elegantly , and with so much generosity at his first audience , and the King understanding that he was an Apothecary , said , Se tali sono gli Speciali di Fierenze , quali debbono essere gli Medici ? If the Apothecaries of Florence are such , what shall we think of their Physitians ? But this Apothecary although he was of an ordinary Trade , yet he was an extraordinary man in point of Parts and Erudition , which made compensation for the meanness of his Profession . Moreover , it is an advantage to the affairs of a King that he make choice of a proper and graceful person , and of a sound healthful constitution to represent him abroad . We read that it was prohibited by the Law of Moses that any man who had any blemish or mutilation shold be made a Levite : Now , Levits , as it was insinuated before , are as the Legats of God Almighty , and Kings being types of him , shold not have any to personat them that had any deformity or indisposition . I remember when Count Gondamar and the Marquiss of Inojosa were here Ambassadors for the King of Spain , the one was troubled with the Fistula , and the other had lost a peece of his Nostril , therupon a Libel was made that the King of Spain made an odd choice of his Ambassadors to England , for the one had the Pox in his Brich , the other in his Nose . It hath bin much controverted among Statists whether one person singly , or many joynd in Commission be fittest for an Embassy : this business is much canvasd Pro & Con among the Civilians ; they that are for plurality urge Solomon , That in multitude of Counsellors ther is safety . They instance in divers examples , and produce Virgil , Qui dicta ferunt , & foedera firment Centum Oratores patria de gente Latinos . Darius employd ten in an Embassy to Alexander ; The Romans sent ten to appease the tumults of Asia ; They sent ten to Macedonia ; Four to the Fidenates ; Three to the Carthaginians , &c. But Paschalius gives a Rule herein , Tentando aut Tractando unus satis est ; consummando plurtum interventus desideratur : In trying or treating one is enough ; in consummating a business the intervention of many is requird . So Peter Matthieu relates that ther were 400 Spanish Gentlemen at the confirmation of the Peace of Vervins twixt Spain and France , which might be calld a Legion rather then a Legation . But the most political Civilians are for one single person , trop gran nombre est encombre , too great a number is an encumber among Ambassadors , it is subject to confusion and delays ; it will make the business in treaty to take air , and be sooner discoverd . One is far more secret and sedulous when he acts by himself , then when he must concur with others . Then ther are Maximes in the Law , Cura plurium , cura nullorum ; The care of many , the care of none ; Quod multos tangit , paucos angit . Then many emulations and envy do often creep in with other inconveniences amongst many . Therfore the most expedit and advantagious cours is , that ther be but one Ambassador , but the Prince must choose a choice man to be he ; He must be Lectus antequam Electus . Another debate ther is , Whether Legatio be only a Virile Munus , a Masculin task , or whether Women are capable to be employd in an Embassy ; and more are for the Affirmatif part then the Negatif . It was much controverted in Rome whether Veturia and Volumnia , two Roman Matrons , were fit to be sent as the desperatness of the case then stood , upon an Embassy to Cori●…lanus and the Volscians ; it was determind they shold , and the treaty took good effect . Ther were Roman Dames sent upon an Embassy to Constantius the Emperour for revoking Pope Liberius , and they prevaild . It was a practice among the Romans to send the Vestal Virgins upon Embassies . Ther is a memorable example how Guelpso the Duke of Bavaria having provokd the Emperour Conradus , he set so close upon his skits that he coopd him up in Winsberg , where he beleagerd him ; Caesar was so incensd that he vowd to put all to fire and sword . So the Duke being reducd to great extremities , it was thought fit to send the Duchess as Ambassadress to the Emperours Camp , where she performd her part so gallantly , that she so movd and melted his heart , that for her sake all the Women in Winsberg shold have safe conduct to depart , and carry away upon their backs as much of the most precious wealth as they could bear , but the Men shold abide his mercy . Herupon the Duchess took the Duke upon her sholders , and evry Wife after her example took her Husband ; Maids and Unmarried Women took up some their Brothers , some their Kinred , and so all marchd out ; so Caesar pardond all . I will conclude with a late example of Madame Sardaus , who went so often privatly twixt Bruxels and the Hague until the peace was concluded twixt Spain and Holland after fourscore yeers Wars by Sea and Land : Therfore she was calld La Maquarelle de la Paix ; which was no disgrace to her . The seventh Paragraph , Touching the Office , Function and Duty of an Ambassador in the execution of his Place , and acquitting himself of the great Fiduciary Trust reposd in Him , &c. THe Civilians , who are best versd in the Laws of Embassies , say , Legatio est mysteriosum quid , that it is a mysterious thing ; It is full of secrecie and darkness , as it is of Faith and Trust. The Lord high Chancellor of England , who is Keeper of the Kings Conscience as well as of the Great Seal , hath a great trust reposd in him for to mitigat the rigor of the Laws by way of Equity . The Lord Chief Justice of the Kings Bench , he of the Common Pleas , and the Lord Chief Baron of the Exchequer , have great trusts reposd in them : but all these deal twixt Subject and Subject , and sometimes twixt King and Subject : But Ambassadors have a higher trust , for they deal twixt Kings and Kings , twixt Countries and Countries ; therfore as the burden is heavier , so the honor is the greater : ther is no secrecie belongs to the other Offices ; but reservedness and secrecie is the soul of Embassy ; which made one say , If his Cap knew his privat Instructions , he wold hurle it into the fire and burn it . And as ther is honor in this high employment , so ther is much honor attends it ; which made one say , That that Ambassador who loseth one hair of his Masters honor , forfeits his head at his return . One of the principal Duties of an Ambassador , is to stick close to his Instructions , and the Mandats of his Master ; and therin an Ambassador Lidger doth not run so much hazard as an Extraordinary , who hath many things commonly left to discretion by way of implicit trust . Besoldus defines the Office of an Ambassador thus , Ut Mandatum fideliter , & cum dexteritate exequatur , & acceptum responsum diligentissime notatum referat Mittenti ; That with faithfulness and dexterity he execut the Command , and report to him who sent him the Answer most diligently noted . Ther is a shorter definition , Officium Legati est ut Mandata Legationis diligenter conficiat , & ex F●…de , That he perform carefully the Command of the Embassy , and with Faith. He derives all his Power from his Instructions ; for without them ther is no Mission or Embassy . Ther is an Example of the Athenians , that having employd Ambassadors with divers Iustructions , wherof one was , that they shold take such a way as they went , they going another way , though they had performd all the rest of the Instructions , yet they were put to death at their return for infringing this one . Ther are divers instances how Ambassadors exceeding their Commissions , and falling into follies , have bin punishd upon the place . Hector Boetius relates that Olaus and Evetus killd the Scots Ambassadors . Teaca Queen of Sclavonia killd a Roman Ambassador , as Polybius mentions . The Athenians causd Darius Ambassadors to be thrown into a Well . Dandolo the Venetian Ambassador had his eyes pluckd out by the King of Sicily . But let us descend to latter Ages : Francis the first of France sent Fregosa and Rinion Ambassadors to the Turk ; Charles 5. soldiers discoverd , surprizd and flew them in Italy : The fact was justified by the Emperour because they were both his subjects , the one being a Milanois , the other of Genoa , and servd his Enemy , for ther were Wars then twixt Charles and Francis. Edward the second of England employd a French Gentleman Ambassador to France , who had bin executed for a Traytor for serving the Enemy had not the Queen interceded . Anno 1302. the Pope sent an Ambassador to France , where he practisd some Treson ; and being arraigned , convicted , and condemned to die , the Popes Frends procurd that he shold be banishd only . The Venetian drew out of the French Ambassadors House some who bad discoverd their secrets to the Turk , where resistance being made , Cannons were sent for from the Arsenal , and so they were taken out by force , and the French King not offended . The Ambassadors in these latter examples by their own indiscretion and misdemenures drew these violences upon themselfs . We will concude this point with a latter example in England 1624. at which time ther were two Spanish Ambassadors residing in London , who were the Marquiss of Inojosa , and Don Carlos Coloma ; and the Prince of Wales being newly returnd from Madrid Re infectâ , without the Infanta , matters began to gather ill bloud twixt England and Spain , in regard that the Treties both of Match and Palatinat were dissolvd by Act of Parlement , which was done by means of the Duke of Buckingham . The said Ambassadors finding that , they contrivd a way how to supplant and destroy the Duke . Herupon falling into consideration that King Iames was grown old , and that the least thing might make impressions of distrust and jealousies in him , therfore in a privat audience they did intimat unto him that ther was a very dangerous designe against his Royal Authority traced by the Duke of Buckingham and his Complices , which was , that at the beginning of that Parlement the said Duke with certain Lords , and others consulted of the argument & means which were to be taken for the breaking and dissolving of the Treties both of the Spanish Match , and for the restitution of the Palatinat ; and if his Majesty wold not conform therunto , their consultations passd so far , that he shold have a house of plesure where he might retire himself to his sports , in regard that the Prince had now yeers sufficient , and parts answerable for the Government of the Kingdome . The King for the present dismissd them with thanks ; But the next day he made earnest instances that as they had discoverd a Conspiracie , they wold also detect the Conspirators , this being the only means wherby their own honor might be preservd in proving the truth of things . To this they replyed , That they had reveald enough already in order to the care and zeal they had to his Royal Person and Dignity . Therupon the King commanded that the Duke of Buckingham shold be put to his Oath , with others who were most suspectful , which they all took for cleering their integrity . This being done , the King returnd to make new instances to the said Ambassadors , that they wold not prefer the discovery of the names of the Conspirators to the security of his Person , as also to the truth and honor of themselfs , and to the hazard of an opinion to be held the Authors and Betrayers of a Plot of so much malice , sedition and danger ; but they wold discover no more . Yet a few days after they desird new audience , which was suspended to be given them , and in the interim the King sent Sir Edward Conway his principal Secretary of State , and Sir Francis Cottington Secretary to the Prince , ( both Lords afterwards ) to signifie unto the said Ambassadors that he desird nothing more then a continuance of frendship twixt the two Crowns ; therfore if they had any thing to say they shold communicat it to the said Secretaries as persons of trust , which he employd expresly for that purpose ; and if they made any difficulty of this also , then they might choose among his Council of State those whom they likd best , and he wold command that they shold presently repair unto them : and if this also shold seem inconvenient , they might send him what they had to say in a Letter by whom they thought fittest , and he wold receave it with his own hands . But they gave no answer to all this : therupon the said Secretaries told them according to their Instructions which they had receavd from his Majesty , That they being the Authors of an Information so dangerous and seditious , had made themselfs incapable to treat further with the King their Master ; and were it not for the respect he bore to the Catholik King his dear and beloved Brother their Master , and that they were in quality of Ambassadors to such a Majesty , he wold and could by the Law of Nations , and the right of his own Royal Justice , proceed against them with such severity as their offence deservd ; but for the reasons before said he wold leave the reparation to the Justice of their own King , of whom he wold demand and require it . Herupon Sir Walter Ashton Ambassador then in Spain for the Crown of England , had audience of that King , wherin he said , That the King of Great Britain his Master had commanded him to demand refaction and satisfaction of his Majesty against the Marquiss of Inojosa and Don Carlos Coloma for scandalizing the Duke of Buckingham , ( with other of his best subjects ) and through his sides aiming at the Prince himself ; for it is unlikely the Duke wold have cast himself upon such a designe without the communication of it to him , and to know his plesure : so he remonstrated the whole circumstance of the business , &c. And in conclusion he said , That he humbly beseechd his Majesty to observe and weigh well the care and tenderness wherwith the King his Master had proceeded towards his Majesties Ambassadors ; not obliging them to any precipitat resolutions , but giving them time , and opening a way how they might have cleerd themselfs , &c. It was expected that the said Ambassadors at their return to Spain wold have bin punishd , or at least checkd ; but matters growing daily worse and worse twixt England and Spain , the said Ambassadors were rather rewarded then reprehended at their return , Inojosa being made afterwards Governor of Milan ; and Coloma receavd addition of command , and honors in Flanders . But the high civilities of England at that time towards the said Ambassadors was much cryed up abroad , that notwithstanding so pernicious a machination to demolish Buckingham , and to discompose the whole English Court , yet they were permitted to depart peaceably ; and Sir Lewis Leukner was commanded to conduct them to the Sea-side for prevention of any outrage upon their persons . We have dwelt the longer upon this business , in regard ther are extraordinary traverses of State in it , being a Plot of an unusual reach of policy , which will be found more amply related in the addition the Author made to Finets Ambassador : but in regard it is so pertinent to this Paragraph , he thought it fit to insert the substance of it here . We will now resume things touching the Office of an Ambassador . It is very necessary he shold have his Credential Letters exact and plain ; His Commission plenary , and fortified with as much authority as he can . The Spanish Ministers when the Prince of Wales was there , objected against the Duke of Buchingham that his Commission ( for he came also in quality of Ambassador ) was not so compleat and authentik as that of the Earl of Bristols ; for he had his Commission under the Broad Seal of England , wheras the Duke had his by the King only . The Civilians make a question , Si à Legato Mandata poscantur , is adigi possit ad ea exhibenda . Their opinion is , That besides his Credential or Fiduciary Letters , and his General Commission , he is not bound to shew any more . Touching his privat Instructions , Paschalius saith , Mala eum agitat res qui in Legati Secreta irreligiose irrumpit . It is questiond further , Whether it may stand with the Office and Honor of an Ambassador to receave Gifts and Presents from the Prince he is sent unto , which the Civilians call Lautia , a word peculiar only to Ambassadors : some are for the Negative , which the Hollanders do follow ; for their Ambassadors use to receave none , not so much as a Bottle of Wine : But most are for the Affirmatif . But the Venetians ( who are reputed to have the best Rules touching Ambassadors ) though they allow it , yet , their Ambassadors are bound to exhibit their Presents to the Senat ; and t is thought much of St. Marks tresure consists of it . They are also bound in a large Oration to give an account ( besides that of their Embassy ) what they observd most remarkable in the Government , State and Quality of the Country ; of which Oration they bring also a Manuscript which is put up in their Archives . Iohn Earl of Bristol at his departure from Madrid ( notwithstanding that the weather had grown foul twixt us and Spain ) receavd a Cupboard of huge massie Plate valued at 20000 Crowns of this King of Spain , who also gave him a Diamond Ring off his Finger , rated at 1500 l. sterling ; and the reason was , because he had found him so wise , faithful and industrious a servant to his King. The Civilians make likewise a doubt whether it may not interrupt the Office of an Ambassador to have his Wife and Children along with him ; but they who hold the contrary are rather exploded then approved : For to leave his Wife , is for one to leave half himself behind him ; besides , Conjugal society is counted the prime of comforts : moreover , it saves trouble of Writing , and charges for Letters and Packets , which come to no small sum at the yeers end , &c. We will conclude this Paragraph with two special things which the Civilians require further for the performance of the Office of an Ambassador , viz. That he be reservd and secret in an intense degree ; he must not be Plenus Rimarum , full of chinks : and herin the Italian and Spaniard are eminently imitable ; for all the Drugs in Egypt cannot draw away a secret from them , wheras a small Purge or Vomit will make others cast it up . Furthermore , that an Ambassador may facilitat the discharge of his Office the better , it is requisit that he have a previous knowledg of the Court and Country wherunto he is employd : that he be well versd in the Speech therof ; for it is a sad thing when one is sent Ambassador to see fashions , and learn the Language of a Country . Lastly , ther 's nothing more concerns the Office and Duty of an Ambassador ( as it was touchd before ) then to be true to his Instructions . Brunus tells us , that Qui extra Mandatum agit , aliud agit ; Who acts beyond his Commission , acts another thing : Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador ; therfore , as I take it , ther was by the twelve Tables in Rome a latitude of power left to Legats , Quae bonum Patriae eminenter tangunt etiamsi non Mandentur , agunto : What eminently concerns the publik good , though not commanded , let them be done . The eighth Paragraph , Touching the Laws of England relating to Ambassadors in point of Reception , Audience , Treatments and Rewards ; as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence , &c. HAving spoken hitherto generally of the concernments of Ambassadors , and the privileges of Legation , We will now make some inspections in particular into the Constitutions and Common Laws of England , which may be calld Civil , and very complying in this point . The Law of England , as the great Father of it my Lord Coke says , That Honor Legati honor mittentis est , The honor of an Ambassador is the honor of him who sent him : That Legati , aut Proregis dedecus redundat in Regem , The affront offerd an Ambassador redounds to his King. By the Common Law of England t is High Treson to kill an Ambassador ; as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore , the one a London-Mercer , the other a Grocer , who were both arraignd , convicted , and condemned for killing Iohn Imperial , who was Ambassador from Genoa , for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts . I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador , &c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa , and Don Carlos Coloma the Spanish Ambassadors , notwithstanding their high misdemenures for calumniating the last Duke of Buckingham , and through him the Prince of Wales his sole Son , and Heir apparent to the Crown , as it is mentiond in the next preceding Paragraph . And as the Law of England is so respectful of Ambassadors , so for her own she useth to furnish them with as political Commissions and Instructions , and as exactly couchd as any other Kings Ambassadors whatsoever . I will produce only two Examples , the one ancient , the other modern : the first is of Ambassadors sent to the Council of Basile , which runs thus : Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores , & Oratores Episcopus Robertus London , Philippus Exoniensis , Iohannes Roffensiis ; Iohannes Bajocens , Edwardus Comes Moriton ; Abbas Glastoneensis , & B. M. Eboracensis ; Prior Norwici ; Henricus Bromflet miles Dominus Vesciae ; Thomas Browne Legum Doctor , Decanus Sarum , Iohannes Coleville Miles , & alii . Dante 's & damus iis , & Ipsorum majori parti potestatem , & Mandatum tam generale quàm speciale nomine nostro , & pro nobis in eodem Concilio interessendi , tractandi , communicandi & concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite , & in Membris quàm in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint . Nec non de & super Pace perpetua , guerrarumque abstinentia inter Nos , & Carolum adversarium nostrum de Francia ; ac etiam tractandi , communicandi , & appunctandi , consentiendi insuper , & si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui , & ordinari contigerit . Promittentes & promittimus bona fide nos ratum , gratum , & firmum perpetuò habiturum totum , & quicquid per dictos Ambasciatores , Oratores , & Procuratores nostros aut Majorum partem Eorundem actum , factum , ceu gestum fuerit in praemissis , & singulis praemissorum . Et Hoc idem cùm de , & super iis certiorati fuerimus ad Nos , & Christianum Principem attinet executioni debitae curabimus demanda●…i . In cujus rei testimonium has Literas nostras fi●…ri fecimus Patentes , Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi , x die Julii , &c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London , Philip of Exceter , &c. Giving , and do herby give them , and the major part of them power and command as well general as special in our name , and for us to be present , to treat , communicat and conclude things as well concerning the Reformation of the universal Church , as the Pacification of Kings and Princes ; and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary ; and also to treat , communicat , appoint , and to consent besides , and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council : Promising , and we do promise in good Faith to hold for ratified , acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors , Orators , or Proctors , or the greatest part of them in relation to the Premises , and any part therof whensoever we shall be certified , and as becomes a Christian Prince ; we shall have a care that all be put in due execution . In testimony wherof we have causd these our Letters to be Patents , Given under our Great Seal in our Palace at Westminster , x Iulii , &c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt , Bishop of Winchester , and Cardinal of St. Eusebius , having had license to transport 20000 l. in Gold and Silver , which was a mighty sum in those daies ; which money , as the story hath it , though mute , yet they were moving Ambassadors . The second example shall be of Robert Sydney now Earl of Leicester , in an extraordinary Embassy to the King of Denmark , and other Princes of Germany , whose Instructions were these following . CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester , Vicount Lisle , and Baron of Sulney , our Ambassador to our dear Uncle Christian 4. King of Denmark , &c. VVe have preferrd you before others to this honorable Employment , because we have observd your constant application to vertuous and noble courses ; and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice , but of such that improve their worth for publik service in VVar or Peace , wherby tru Nobility raiseth it self above the common sort . VVe send you to a great King whom we love and honor not only for his Crown and Alliance , but also for neerness in Blood. Your Message in the first part is a Ceremony sutable to the affections and obligations of Princes , to express the sense they have of the mortality of their Frends ; which Office is best performd by a person of noble rank , capable of the impression wrought in noble hearts . But the substance of your Ambassage is for the publik Peace , and the interest of our Brother , ( the Palsgrave ) and our dear Sister depending therupon . To advance this great work , you must with convenient speed fit your self for your journey , and pass the Seas in a ship appointed to transport you to the Sound , or the River of Elve , as by the way you shall learn where our Uncle the King doth now reside . When you are landed , you shall forthwith give notice of your coming , that your Reception may be with honor due to our Ambassador of your rank . Then , after your coming to Court , you shall in our name demand Audience , and then attend the Kings plesure for your access ; but you shall not visit any other until you have had the honor of his presence to whom you are employd . At your first audience you shall deliver our Letter of Credence to our Uncle ; and then with a significant expression of our entire and cordial affection proceeding from the obligations of frendship , you shall tell him what great sorrow we have conceavd together with him for the death of our dear Granmother the late Queen his Mother , whose memory you must adorn with her stile , and due Praises enlargd , as the information of her Life and Death , and your own Judgment will best direct . This Office being performd with the King without any mention of other business at that time , you shall address your self to the Prince if he be present , or otherwise by special audience , and deliver with our Letter of Credence our like condoleance , with expression of our hearty affection , as to a Kinsman whose prosperity and inward frendship we very much desire . Our Letters to our Aunts the Kings Sisters you shall deliver afterwards , with signification of our condoleance and of our love to either of them ; and if more of our Cosens be there , you shall pass like Offices with them all . Whilst you attend this Ceremony , you are to inform your self by Avery , who hath the charge of our affairs at Hamborough , and is also chosen Commissioner for our sister : what is done concerning that Portion of our Granmothers personal Estate which is due unto Us , as by our Uncles own Letters now to be deliverd unto you , may appeer . Which Portion we have given entirely to our said Sister , with order to her Commissioners to sollicit for the same at the appointed time : and in case you find performance to our Sisters satisfaction , according to our former Letters sent on her behalf , you shall take notice of it , and give our Uncle hearty thanks for his just favor and expedition . But if you find refusal , or delay for the discounting of such debt as upon former Treties , and by his last Letters our Uncle doth demand ; you shall assure him that before the receit of those Letters which mention the compensation of such Debts , We had conveyd by Deed of Gift to our Sister all our interest in the Goods ; and given warrant to her Commissioners to attend the division : and we hope our good Uncle in his Royal justice and favor to our Sister his Neece , and her many distressed children , will not add affliction to affliction , but rather give them help by his forwardness in this our gift , which we can no more revoke . If this prevail not , you shall modestly demand what those Debts are wherof he expecteth compensation ; and therin to clear all misunderstanding , you are thus to distinguish . The Debts to which our Uncle pretendeth , are of two kinds , all contracted by our Father of blessed memory , and not by us . First , our Father after that our Uncle had undertaken the German War , sent Sir Robert Anstruther with an advance of forty six thousand pounds present moneys , and promised to pay thirty thousand pounds monthly so our Uncle wold maintain one thousand horse , and four thousand foot , for restoring our Brother and Sister to all their Patrimonial Dignities and Estates . If then our Uncle shall declare , that this is the debt he pretendeth to defalque out of the divided Goods ; you shall with due respects ( and as it were unwillingly ) call unto his mind what manner of performance was found on his part , and how little those designes have bin advanced for which our Father expressed his Royal affection by so large an offer ; which caused us at our coming to the Crown to send the Duke of Buckingham and Earl of Holland to meet our Uncles Ambassadors at the Hague to qualifie those indigested assumptions , made de bene esse , for the present , without debate of Articles indifferent for both parts . And then ( as our Uncle well knoweth ) we setled the accompt upon a new foot , and therfore ought no more to be called back to those exorbitant demands , which notwithstanding upon due calculation of all our disbursements in money , and in charges of our Auxiliary aids and diversions , we have so much exceeded : That ( laying a side all exception for not performing conditions ) we have just cause to claim retribution , or at least acknowledgment of well-deserved thanks , and not to be now strained for compensation of those Debts . Of our ●…ast expences ther hath bin a List transmitted to Avery from Sir Henry Vane , wherof you may make use by a Copy to be now delivered unto you , to acquit Us of those debts . But ther is another debt for money borrowed by our Father , which we do acknowledg both principal and interest , and for liquidation therof have given former directions to our Ambassador Sir Henry Vane , who is to meet the Kings Ministers at the Hague in his return out of Germany , and to consider of a cours for our Uncles satisfaction , according to his expectation and our desire . Upon this meeting ( if otherwise you cannot ) you must discharge your self ; and having setled the division of the Portion , and put off the accompts in this manner , you shall afterwards proceed as you find time and opportunity to your more weighty negotiation concerning the common cause ; representing to that King our Uncle the present state of Christendome , specially of Germany , the seat of the War , that upon a mature consideration therof both he and we may best advise how to govern our Proceedings , as well for our safety as for our interests with others , and chiefly for the obtaining of a sure peace , which is to be desired for the common good . To this purpose you shall move him to cast his eyes upon that progress the King of Sweden ( his Neighbour ) hath already made by his sword , almost through the Empire , beyond all mens expectation : and to foresee in his great wisdome what the consequence will be , if by victorious Arms he shall obtain power to give the Princes and States on both sides what Law shall please himself ; which may reasonably be feared , if no cours be timely taken for preservation of their rights by treaty or otherwise . On the other side you may lay before him the power yet remaining in the puissant house of Austria , with the dependance of Bavaria , and other German Princes ; and how both sides are supported by forren assistants , those with the money and countenance of Spain , these with the actual arms of France , besides the diversions of the Low Countries and Italy ; so as in all probability the War is like to last long , and the balance may be swayd as other Princes put to their hands . And the King of Swede having lately moved both the Princes and States of his alliance , and others , to joyn league for the liberty of Germany , and for peace , and inviting us to joyn therin : and the Emperour also discovering on his side an inclination to treaty and to peace , you must entreat for our better information our Uncles sound advice , and how he stands affected , and whether he be engaged in any such treaty ; with whom , and how far ; and whether our conjunction with the rest will be desired . To which we may by him be perswaded to apply our selves , so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates , ( being the only interest of our engagement ) may be effectually provided for . If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand , and that therin our conjunction will be desired , you shall with speed give us account of the particulars , and of the grounds therof , with all the circumstances of persons , times and places , that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes , as with the advice of our Council we shall think meet . Besides this main business , other occasions may be apprehended there by you for the advantage of our service ; for i●… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough , caused by any difference betwixt that King and the Town ; or by his pretence of commanding the River of Elve , you shall do Offices in our name betwixt our Uncle and the Town to remove offences , and to settle good agreement upon honorable terms for the King , and so as an Innovation may not be made , which may prejudice the intended treaty , or which may restrain our Merchants from that freedome of trade there , which they have enjoyed so many yeers . And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow , and elsewhere , with other restraints of trade , which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America , to the great detriment of the Kings Customes at Elsenore , you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade . For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas , or fetch Hawks from those parts , either to export or import any Merchandise to hinder his Farmers ; not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings . Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys , you shall inform your self by Avery how the case now stands , and shall proceed as upon further advice therof we shall direct . You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered , but especially with Sir Henry Vane , who is employed with the King of Sweden , and with Sir Robert Anstruther at the Emperours Court. IOHN COKE . By these two Presidents of Commission and Instructions , we may see how exact and curious the English Court is in this point ; how quaintly such Publik Dispatches are couchd , not so plain and flat , with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal . We will to the Reception , Attendance , Treatments , Gifts , ( Lautia ) composing of Differences , with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first , Ther are no Ambassadors whatsoever receavd more splendidly , and with greater state both by water and land , then in England : For first , he is brought in Royal Barges a good way upon a Noble Navigable River , through a Forest of main Masts on both sides , and landed at the stairs of a huge Tower in sight of a stupendious Bridg , such as I may well say the world hath not the like . Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London , to a house expresly provided for him if he comes extraordinary , where he is magnificently treated for divers days upon the Kings charge . Now the Rule of the Court is , That the Ambassador of a King is to be brought in by an Earl at least ; an Ambassador from Dukes and Republiks to be brought in by a Baron . T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik , or when any are invited to Dine with the King. Moreover , that no Ambassador except a Kings , is to be met with the Kings Coach further off then the Tower-wharf : And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf , which gave occasion of clashing for Precede●…ce of Coaches , as happened the last yeer twixt the Spanish Ambassador , the Baron of Batteville , and Monsieur Lestrade the French , which flew so high that it went to effusion of blood , and killing , ( as it is mentiond before in the last Paragraph of the first Section more particularly ) Ther is an Act of State passd , that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose . Well , the new Ambassador being so housd , is visited by persons of Quality , as also by other Ambassadors : Now , it is a Maxime among Ambassadors , That the first come is to visit the last come . Touching Presents , ther 's no Court goes beyond that of England : It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure ; The Venetian Ambassador 2000 ; The Archdukes 1600 , &c. But ( by the Examples of other Courts ) ther was a retrenchment herof , and it began first with Monsieur Buisseaux in King Iames his Raign ; who had but 2000 Ounces sent Him ; the Venetian 1600 , and the Archdukes 1000 , &c. Touching divers sorts of Clashes , Contestations , Differences and Punctilios betwixt Ambassadors , ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other ; as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets , to whom I refer the Reader . We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors . In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case , who was Ambassador here for Scotland , An Legatus qui Rebellionem contra Principem ad quem Legatus , concitat , Legati privilegi is gaudeat , an ut hostis poenis subjaceat : Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent , is to enjoy the privileges of an Ambassador ; or whether he is to lie under a punishment as an Enemy ; It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador , and was punishable by the Law of the Land. Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion , &c. Moreover , as my Lord Coke hath it , and therin he agreeth with the Civilians , If an Ambassador committeth a delect contra Ius Gentium , as Treason , Felony , Adultery , &c. he loseth the privilege of an Ambassador , and may be punished in England as any privat Alien , and not to be remanded but upon courtesie : But committing any thing against the privat Municipal Law and Customes of England , which is not Malum in se Iure gentium , He is not punishable . The breaking of Truces and Safe-conducts was once High Treason by the Laws of England , but that was mitigated 2 Hen. 5. Furthermore , my Lord Coke holds in his fourth Institut , That if one be namd but Agent in his Credentials from a King , yet he is an Ambassador . The ninth Paragraph , Concerning the wise Compliances , and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation , &c. AS it is a principal quality in an Ambassador to be serious , abstruse , and reservd in the discharge of his Function ; so it is a mighty advantage for him to be Witty as well as Wise ; to be facetious , and play the Drol sometimes ; for the Italian says , Non è saggio chi non sà esser pazzo , He is not wise who knows not how to play the Fool sometimes . Apt , pleasant and sudden Reparties discover a great deal of wit. An Ambassador being sent to the King of Morocco ( whose Law we know is not to eat Swines Flesh ) be brought him Letters wherin all his Titles were not given him ; The King said , Sus has Literas peperit , A Sow begat these Letters . The Ambassador suddenly answerd , Ne iis Vescaris , It was done that you shold not eat them . The Town of Agrigentum , as Herodotus reports , having sent Gellias a very hard-favord man Ambassador to Centuripe , a low dirty Town in Sicily , and being jeerd , and stard upon at his audience , he answerd , Ne Miremini Centuripini , ut Urbes sunt , ita Cives mei Legatos mittunt , pulchros ad pulchras , deformes ad deformes : Do not wonder , O you of Centuripe at me , for my Masters of Agrigentum send their Ambassadors as the Cities are , Fai●… to Fai●… , Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France , ther were many traverses between them at one privat audience , and Don Pedro magnifying much the power of the Spanish Monarchy , King Henry said , That it was much like the Statue of Nebuchadnezzar composd of divers peeces , but having Feet of clay ; Don Pedro then replying somewhat high , the King rejoynd that if he were provokd he wold carry flames even to the Escurial ; and if that he once mounted , he wold be soon in Madrid . Don Pedro answerd , Indeed King Francis was there , meaning Francis the first , who was taken at the Battail of Pavia , and remaind Prisoner in Madrid divers yeers ; The King going on further to tax the King of Spain for usurping divers Countries of his , and namely the Kingdome of Navarre , which he might live to recover ; Don Pedro answerd , That the Iustice wherby the King his Master held Navarre , wold help him to defend it ; The King replyd , Your reason is good till I be in Pampelona ; Don Pedro therupon rising hastily , and going towards the door ; The King askd whither went he so hastily ? He answerd , To provide entertainment for your Majesty at Pampelona . A French Ambassador ( Monsieur de Tilliers as I take it ) residing here , and being invited one day to Dine with King Iames , the King being well disposd began a Health to him , saying , The King of France drinks the French Kings Health ; The Ambassador answerd as pleasantly , Le Roy mon Maitre est bon Lieutenant , Il tient bien la France de Luy ; The King my Master is a good Lieutenant , he holds France well from him . But of any that I have heard or read of , Don Diego de Acunia Count of Gondamar , had an extraordinary faculty this way ; and besides , he had well studied the Genius of King Iames , ( in whose Raign he resided here ) how he was pleasd with sudden plesant Reparties , therfore he did Seria jocose , he did dispatch serious things in a merry way . When Sir Walter Rawleigh was gone with a Fleet to Guiana , and when news was broght that he had taken San Toma , plunderd the place , and killd the Governor , which was as some say beyond the bounds of his Commission , wherin he was restraind from doing any Acts of hostility upon the firm Land , Gondamar came early one morning to the King , desiring to speak but only one word to his Majesty : being admitted , he cryed out , Pyratas , Pyratas , Pyratas ; intimating that Sir Walter Rawleigh was turnd Pyrat ; but that word was so fatal , that it took off Sir Walters head , though upon an old score . Another time having discoursd of many things with the King in a privat audience in French , the King askd him whether he understood Latin or no ? Yes , Sir , said Gondomar , I understand it , and speak it . Discoursing afterwards in Latin of divers things in a free and facetions way , it happend that Gondamar spoke false Latin once or twice ; the King smiling , said , How comes it to pass that you being an Ambassador to so great a King , who shold be exact in all things , how comes it that you break Priscians head so often ? Gondamar replyed , Sir , I speak Latin like a King , and your Majesty speaks Latin like an Ambassador . Count Gondamar having bin outragd by the Rabble in London , who threw Tobacco-pipes into his Litter , and did him other affronts , coming after to have a privat audience , and the King taking notice of it , he said , La Harina de Ingalatierra es muy delgada , y fina , pero el afrecho es muy grossero : Sir , the Flowre of England ( meaning the Gentry ) is very fine ; but the Bran is very coorse , meaning the common peeple . Another time being to dispatch a Courrier to Spain , and the old Countess of Buckingham being then in extraordinary high favor , that most Suters made their address unto her , he writ in a Postscript to Count Olivares , That ther were never greater hopes then now that England wold turn Roman Catholik , for the Mother was more worshippd then the Son. Count Gondamar being invited another time to Dine with the Reader at Grayes Inne , at which time the Palsgrave was newly come to Prague , among other Healths ther was one begun to the King of Bohemia : He pledgd it very merrily , and thankd the Reader , with the rest of the Company ; for it was the first time that ever he pledgd the Emperours Health in England . Having another time dispatchd an Express to Spain , and the weather having continued dark and clowdy in London for many days , the Post having receavd the Packet , and taken his leave , Count Gondamar commanded , and told him , I forgot one thing , I prethee when thou art come to Spain commend me to the Sun , for I have not seen him here a great while , and I am sure thou wilt meet with him there . King Iames having granted leave to Count Gondamar to raise Volonteers to Flanders for the service of the King of Spain under my Lord Vaux , and soldiers coming but slowly to the sound of the Drum ; Gondamar coming a little afterwards to Court , the King askd him what number of soldiers he had levied ? He answerd , Truly , Sir , I can have but few soldiers , but thousands that wold be Captains though they were but common soldiers before . I will conclude with Count Gondamar in this very witty passage : when he was to take his leave of England in his last Embassy , the King sent to my Lord Mayor of London to invite him to Dinner ; which he did with much solemnity , having bid the chiefest Lords of the Court to bear him company : At first the Lord Mayor after other Complements told him , My Lord Ambassador , your Excellency me thinks begins to grow very gray . Yes , Sir , said he ; but my Lord Mayor , we have a Proverb in Spain , Canos y Cuernos no Uienen Porannos ; Gray Hairs and Horns come not by yeers . Being sate at Table , the Lord Mayor began divers Healths ; at last Gondamar calls for a good Glass-full of Canary , and said , You are the greatest Magistrat in the world , for you give place to none but to your own King , as I hear , and you live also as plentifully : But now that you have made so much of me , that having pledgd so many Healths you put me in a Jovial humor , I crave leave of these Noble Lords and you to begin a Health or two ; and the first shall be to the King of Spains Mistress ; so the Health was drunk round . Then he took another Glass of Canary , and began a Health to the King of Spains Wife ; which also passd round among the Lords and Aldermen . Then standing up , He thankd them all with many Complements , and said , I will now discover who these two Ladies are ; The King of Spains Mistress is the East-Indies , and his Wife the West-Indies ; Ther 's none so fond of a Mistress but that if a Frend hath a favor of her , he will connive at it , as you my Lord Mayor , and these worthy Aldermen whom I have in my eye , use to have of the East-Indies . But my Masters Wife is the West-Indies , which he desires to have soly to himself according to the Law of Nations ; Therfore I pray you my Lord Mayor , and these Noble Aldermen , do not offer to meddle with the King my Masters Wife . We will now proceed to a few others . An Ambassador Extraordinary being sent by an Italian Prince to the Emperour that he wold confer the Title of Serenity upon his Master as he had done lately upon divers other Princes ; But being to depart Re infectâ , and taking his leave of the Emperour that morning , and the weather being foul and very tempestuous , he askd what was the reason he wold begin his Journey upon such stormy weather ? He answerd , Ilne faut pas craindre la Tempeste , puis que votre Majesté à remply le monde de tant de Serenité ; One ought not to fear Tempests , since your Majesty hath filld the world with such Serenity . Don Pedro Andrea being sent Ambassador to a Prince whom he had offended so far that he threatned to have his head cut off , He answerd , Sir , my dead head will do you more mischief then now that t is living . Francisco Marco being sent from Genoa to Galeazzo Duke of Milan , but being delayed audience , and St. Iohn Baptists day being come , who was Protector of Milan , he presented the Duke with a Golden Vessel full of Basilique ; Being askd the reason , he sent word that the Genouois have the property of the Herb Basilique , which if one handle gently , it will yeeld a sweet smell ; but if it be rubbd , and trod upon it , it will engender Serpents : And this witty passage conducd much towards the ending of the differences which were then a foot . The Samnits being pressd hard by the Romans , they sent Ambassadors to capitulat ; who said , Noble Romans , you are grown too strong for us ; therfore if you propose moderat terms we will observe them eternally : if otherwise , we will observe them no longer then till we have opportunity to break them . That Ambassador wanted no wit , who being in a Pagan Country , and standing in the way where the great Idol whom all were to worship which passd by , he let fall his Ring , and as he bowd to take it up , t was thought he adord the Idol . The Ambassadors of Portugal and Poland being at Sigismund the Emperours Court , and ther being always competition between them for Precedence of Session , they met casually at a place , where the Portugais having come before , he was got into the upper Chair ; The Pole rising up , and making a step forward in a posture as if he wold speak with him , and the Portugais coming towards him , he whippd behind him into the upper Chair , and so kept it . We will conclude this Paragraph with the two Ambassadors of Perugia sent to Rome , wherof the one was witty , but the other not so wise : Being admitted to the Pope , who was then very sick a bed , one of made them a long tedious Speech , wherof the Pope had shewn signes of distast : Therupon the second said , Most Holy Father , our Commission implies , that if your Beatitude will not suddenly dispatch us with satisfaction , my Collegue shold recommence his Speech , and pronounce it again more lesurely . The Pope was so taken with this , that he gave order they shold be presently dispatchd . The tenth and last Paragraph , Of the extraordinary Prudence and Reservedness , the Stoutness and Gallantry of divers English Ambassadors , &c. WE will begin with that Grandee of his time Cardinal Wolsey , who went over to France upon an Extraordinary Embassy ; and he had to attend him ( though not in joynt commission ) Cutbert Tunstal Bishop of London ; the Lord Sands , late Chamberlain to the King ; the Earl of Derby ; Sir Thomas Moore ; Sir Henry Guilford , with other Knights and Gentlemen of great rank , to the number of a thousand two hundred horse : for after a short transfretation from Dover , he had so many in his train when he went out of Calice . The French King Francis 1. in person , with his Mother , and most of the chief Peers , came to meet Him as far as Amyens , above two days distant from Paris . He carried with him 140000l . sterling , a prodigious sum in those days , ( though Silver was but 20d . an Ounce ) He transported that vast sum with him to assist the French King , and other Confederats in a War against Charles 5. Emperour . Ther is no History can parallel this Embassy , it was performd with such a glorious Equippage ; Besides , the Ambassador had such a Plenipotentiary and transcendent Cummission , that he gave the Law both to France and the Popedome ; and he comported himself with such dexterity and high wisdome , that all the Princes of Christendome ( who had their eyes fixt upon him ) admired him . This second example shall be of another strain of Gallantry by Sir Ierome Bowes , who was employd Ambassador to the Emperor of Russia , who was cryed up for a Tyrant ; Sir Ierome at his first audience having some affronts offerd to be put upon him , that he shold put off his Hat , els it shold be naild to his head , he was not a whit daunted , but kept it on still , saying , he had no such commission from the Queen his Mistress . Therupon the Emperour slighting the Queen in comparison of the Emperour of Germany , who was the only Prince Paramount ; Sir Ierome replyed , That his great Mistresses Father had the Emperour ( his Majesty speaks of ) to serve him in the Wars , and receavd pay of him . Wherupon with a kind of astonishment at his courage he parted peaceably . But afterwards being advancd in his Journey as far as Archangel , and being embarkd , ther came some of the Emperours Officers with Presents of rich Furs for the Queen , and some for himself ; and being come to the side of the ship with them , He wold not suffer them to board , but drawing out his Sword , said , My Mistress the Queen of England hath no need of your Catskins , nor I neither , therfore you may carry them back . Ambassadors being sent to Bourbourgh to treat of a Truce betwixt the King of Spain and the Hollanders , Doctor Dale was sent for an assistant ; and coming to kiss the Queens hands , she told him , That understanding he was a Learned Man , and a good Civilian , she made choice of him for that employment , and she wold allow him 20s . a day . He humbly thankd her Majesty , and said he wold spend nineteen of them evry day for her Majesties honor : therupon the Queen asking him what he wold do with the other odd shilling ; he replyed , I will keep that for my Wife Kate : so the Queen encreasd his allowance . Being assembled to treat , ther was a Debate in what Language they shold treat : the Spanish Ambassador thinking to put a jeer upon our Ambassadors , said , Let us treat in French , for your Queen is Queen of France . No , said Doctor Dale , then let us treat in Hebrew , for your Master the King of Spain calls himself King of Ierusalem . Sir Edward Herbert late Earl of Cherberry , being Ambassador in France , it happend that he had a clash with the great Favorit , and Constable Luynes , which was thus : Sir Edward had receavd privat Instructions from England to mediat a Peace for Them of the Religion ; and in case of refusal , to use certain Menaces . Hereupon He coming to the Army which was then before St. Iean d'Angely , where the King was in person , and he finding that the approches to the Town were almost finishd , He hastned his address to the King for an audience . The King referrd him to Luynes , desiring that what he had to say might be imparted unto Him : Wherupon he went accordingly to Luynes Lodgings , and deliverd his Message ; but so that he reservd the latter part , which was Menaces until he heard how the business was relishd . Luynes had hid behind the Hangings a Gentleman of the Religion , who was upon point of turning Roman , that being an Ear-witness of what had passd between the English Ambassador and Luynes , he might relate unto Them of the Religion what little hopes they were to expect from the intercession of the King of England . The Ambassador and Luynes having mingled some Speeches , the language of Luynes was very haughty , saying , What hath your Master to do with our Affairs ? why doth he meddle with our Actions ? Sir Edward replyed , It is not you to whom the King my Master doth owe an account of his Actions ; and for Me , t is enough that I obey Him : In the mean time I must maintain that the King my Master hath more reason to do what he pleaseth to do , then you have to ask why he doth it ; Nevertheless if you desire me in a gentle fashion I shall acquaint you further . Wherupon Luynes bowing a little , said , Very well . The Ambassador answerd , That it was not on this occasion only that the King of Great Britain had desired the peace and prosperity of France , but upon all other occasions whensoever any troubles were raisd in that Country ; And this he said was his first reason . The second was , That when a Peace was setled there , his Majesty of France might be better disposd to assist the Palatin in the affairs of Germany . Luynes said , We will none of your advices . The Ambassador replyed , That He took that for an answer , and was sorry only that the affection and good will of the King his Master was not sufficiently understood ; and that since t was rejected in that manner , He could do no less then say , that the King his Master knew well enough what He had to do . Luynes answerd , We are not afraid of you . The Ambassador smiling a little , replyed , If you had said you had not loved us , I shold have beleevd you , and made you another answer ; in the mean time all that I will tell you more , is this , That we know very well what we have to do . Luynes herupon rising a little from his Chair with a fashion and countenance much discomposd , said , By God , if you were not Monsieur the Ambassador I know very well how I wold use you . The Ambassador r●…sing also from his Chair , said , That as he was his Majestie of Great Britain's Ambassador , so he was also a Gentleman , and that his Sword ( wheron he laid his hand ) shold do him reason if he had taken any offence . After which Luynes replying nothing , the Ambassador went on his way towards the door , and Luynes seeming to accompany him , the Ambassador told him , That after such Language ther was no occasion to use such ceremony , and so departed , expecting to hear further from him . But no message being brought him from Luynes , he did in poursuance of his Instructions demand audience of the King at Coignac , St. Iean d'Angely being now renderd up ; who granting it , he did in the same terms , and upon the same motives mediat a Peace for Them of the Religion , and receavd a far more gentle answer from the King. The Marshal of St. Geran coming to Sir Edward Herbart , told him in a frendly manner , You have offended the Constable , and you are not in a place of surety here . Wherunto he answerd , That he held himself to be in a place of surety whersoever he had his sword by him . Luynes little resenting the affront he had receavd from Sir Edward Herbert , got Cadenet his Brother Duke of Chaune with a ruffling Train of Field-Officers , neer upon a hundred , ( wherof ther was not one , as Cadenet told King Iames , but had killd his man ) I say , this Man came Ambassador Extraordinary to England a little after , who mis-reporting the Traverses twixt Herbert and Luynes , prevailed so far , that Sir Edward Herbert was presently revokd to answer the Charge that shold be laid against him . In the mean time the Earl of Carlile was employd Ambassador Extraordinary to France for accommodating Le Mal Entendu which might arise betwixt the two Crowns . Carlile was commanded to inform himself of the truth of the business aforementiond , and he could meet with no relation but what Luynes had made himself , wherin more affronting and haughty expressions were laid to Sir Edward Herberts charge then had truly passed : For though the first provocation came from Luynes , yet the Ambassador kept himself within the bounds both of his Instructions and Honor. But as my Lord of Carlile was ready to send this mis-information to England , the Gentleman formerly spoken of who stood behind the Hangings came to the Earl of Carlile , and said , That he owd so much duty to Truth and Honor that he could do no less then vindicat Cavalier Herbert from all indiscretion and unworthiness ; and therupon related the true circumstance of the business , which was as it was before told . The Earl of Carlile being thus rectified in knowledg of the truth , gave account to King Iames accordingly , who cleerd Sir Edward Herbert , and resolvd to renvoy him Ambassador to France , wherof he having notice , He kneeld to the King before the Duke of Buckingham , and desird that since the business was publik in both Kingdoms , he might in a publik way demand reparation of Monsieur Luynes : for which purpose he beseechd his Majesty that a Trumpeter if not a Herald might be sent on his part to Monsieur Luynes to tell him , That he had made a false relation of the passages before mentiond , and that Sir Edward Herbert wold demand reason of him with sword in hand on that point . The King answerd that he wold take it into consideration ; but Luynes a little after died , and Sir Edward Herbert was sent Ambassador to France again . Iohn the late Earl of Bristol being Ambassador in Spain , had many clashes with the Alguazils , and the Alcalde himself , together with divers Officers , to preserve the Privileges of his House in point of Sanctuary , which was done with much courage and discretion . But ther was one signal passage among divers other , One Scoppius had publishd an infamous base Book against King Iames , and being in Flanders , ( where Sir Iohn Benet was sent for , among other things , to demand Justice of the Archduke upon him ) he had fled to Madrid , and the Earl being in despair to get him punishd there where the Iesuits are so powerful , he employd a good resolut Gentleman Mr. George Digby his Kinsman to give the said Scoppius a Bala●…re or slash ore the face , which he did to some purpose , for t is athwart ore his face , and his mouth that had offended , which he carried as a mark of Revenge to his Grave . The said Earl being also employd Ambassador to the Emperour in the heighth of the Wars for the Palatinat , and returning neer Heydelberg , or therabouts where Count Mansfelts Army was , upon which the greatest strength of the Palsgrave depended , which Army being ready to disband for want of Pay , the Earl of Bristol pawnd his whole Cupboard of Plate to find mony for the said Army , els all had bin lost at that time . Such an extraordinary Noble Act ( and beyond Commission ) the Earl of Leicester did propose also to do when he was Ambassador to the King of Denmark : For wheras that King made a delay to pay the Portion which was due unto the Lady Elizabeth out of the Estate of Queen Sophia her Granmother , which amounted to about 150000 l. and which the said Earl had power to receave ; and the reason of the King of Denmarks delay , being , because ther were some accounts to be liquidated twixt his Nephew the King of Great Britain and Him ; The said Earl ( provided he might receave the said Portion due to the Lady Elizabeth to comfort her now in her great extremities ) offerd to engage besides his Honor , all the Estate he had in England , ( which his Majesty must partly know ) that this shold no way prejudice the accounts that were twixt Him and the King of Great Britain . This motion of the Ambassadors was highly extolld by the King and all the Danish Court for the Nobleness of it . The said Earl being afterwards Ambassador for many yeers in France , he wold never give Precedence to Cardinal Richelieu : and touching Hugo Grotius , who , as he was Ambassador for Sweden , wold have made his Coaches drive before his , he was put back avec un pied de nez , with a Nose a footlong , as is mentiond more at large in the last Paragraph of Great Britain which went before . Liberorum Cerebri Sextus Post Quadraginta . FINIS . The Bookseller to the Reader . THe Reason why ther is no Table or Index added herunto , is , That evry Page in this Work is so full of signal Remarks , that were they couchd in an Index , it wold make a Volume as big as the Book , and so make the Postern Gate to bear no proportion with the Building . CHR. ECCLESTON . 
A91489	----	A treatise concerning the broken succession of the crown of England: inculcated, about the later end of the reign of Queen Elisabeth. Not impertinent for the better compleating of the general information intended. Parsons, Robert, 1546-1610. This text is an enriched version of the TCP digital transcription A91489 of text R203153 in the English Short Title Catalog (Thomason E481_2). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 271 KB of XML-encoded text transcribed from 84 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91489 Wing P574 Thomason E481_2 ESTC R203153 99863215 99863215 115404 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91489) Transcribed from: (Early English Books Online ; image set 115404) Images scanned from microfilm: (Thomason Tracts ; 77:E482[2]) A treatise concerning the broken succession of the crown of England: inculcated, about the later end of the reign of Queen Elisabeth. Not impertinent for the better compleating of the general information intended. Parsons, Robert, 1546-1610. 167, [1] p. [s.n.], London : Printed anno Dom. 1655. X3v refers to "This manuscript treatise .. coming from the hands of a popish priest, and comprehending the substance of what was written and published by Father Parson's the Jesuit, under the name of Doleman", i.e. Robert Parsons. Annotation on Thomason copy: "May. 30". Reproduction of the original in the British Library. eng Kings and rulers -- Succession -- Early works to 1800. Great Britain -- Kings and rulers -- Succession -- Early works to 1800. A91489 R203153 (Thomason E481_2). civilwar no A treatise concerning the broken succession of the crown of England:: inculcated, about the later end of the reign of Queen Elisabeth. Not Parsons, Robert 1655 45385 11 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2008-04 Jason Colman Sampled and proofread 2008-04 Jason Colman Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A TREATISE Concerning the BROKEN SUCCESSION OF THE CROWN OF ENGLAND : Inculcated , about the later end of the Reign of Queen Elisabeth . Not impertinent for the better Compleating of the General Information intended . LONDON : Printed Anno Dom. 1655. OUT OF THE PREFACE . The Purpose of the Book . THE Purpose of this Treatise is to prove , That the next Successor of England must needs be very doubtful . The First Part of the Book . The Civil Lawyer declareth , That albeit the Titles by Succession were clear , yet that as things stand now in England , and other Countries neer adjoyning , there may be a great Doubt which of them shall prevail . The Second Part. The Temporal Lawyer sheweth that the Titles and Pretensions of all the Ten or Eleven Families of the English Blood Royal , which remain at this day , are Ambiguous and Doubtful , according to the Common Laws of England . That Succession by Nearness of Blood is not by Law of Nature , or Divine ; but onely by Humane and Positive Laws of every particular Countrie , and consequently may be altered by the same . CAP. I. Such are not to be admitted , of whom no good is to be expected . THE Government is Ordained for the benefit of the Common-wealth ; therefore no Reason or Law , Religion or Wisdom in the World can admit such Persons to the Government of the same , by whom no Good , but Destruction may be expected ; as for example , by a natural Fool , or one that were a Turk , or Moor in Religion . Other Conditions , besides Prioritie , are requisite , which are assigned by the Common-wealth . Ergò , Some other Conditions also must needs be requisite , besides the meer Prioritie in Blood ; and these Conditions are not prescribed by anie Law of Nature or Divine , but assigned and limited out by the Authoritie of every particular Countrie and Common-wealth , to the which the Prince is bound . To live in Companie cometh of Nature ; but the Form thereof by the Laws of everie Countrie . The Sociabilitie , or inclination to live together in Companie , man with man ( whereof ensueth both Citie and Common-wealth , as Aristotle gathereth ) and in like manner , Government and Jurisdiction of Magistrates , which is necessarie for the maintaining of that Societie , is of Nature , and consequently of God , that is Author of Nature ; But the particular Form or manner of this or that Government , in this or that fashion , is not by Law either Natural or Divine , but ordained by particular positive Laws of everie Countrie ; for if it were by the Law of Nature or Divine , it should be all one in all Countries , seeing God and Nature is one to all . To live in Company is Natural to man , and the ground of all Common wealths . All ground of Realms and Common-wealths dependeth of this Point , as of their first Principle , For that a Common-wealth is nothing els but the good Government of a Multitude gathered together , to live in one : And therefore all old Philosophers , Law-makers , and wise men , that have treated of Government or Common-wealths , as Plato , Cicero , Aristotle , &c. do make their entrance from this first Principle , to wit , That man by Nature is sociable , and inclined to live in Companie , whereof do proceed first , all private Houses , then Villages , then Towns , then Cities , then Kingdoms and Common-wealths . 1. Proof . Inclination Universal . In all Nations , never so wilde or barbarous , we see by experience that by one way or other , they endeavor to live together , either in Towns , Caves , Woods , Tents , or other like manner , according to the custome of each Countrie ; which universal instinct could never be but by impression of Nature it self . 2. Speech . The use of Speech is given to man for this end and purpose , otherwise little available were it , if men should live alone , and converse with none . 3. Imbecillitie and Nakedness of Man . Man is born more infirm and naked , than all other Creatures , not able to provide and defend himself , but by the help of others ; which is a token that he is born to live in company , both for his necessitie to be holpen by others , and also for his own commodious living , seeing no man of himself is sufficient for himself ; wherefore wittily said Aristotle , That ho which flieth to live in Societie , is either Deus aut Bellua ; a God , or a Beast : for that either he doth it , because he hath no need of any , which is proper to God ; or else for that he will do good to none , and feeleth not that natural instinct , which man hath to live in conversation ; which is a sign rather of a Beast , than of a Man . 4. The use of Justice and Friendship . If man should not live in companie of others , Justice and Friendship should be utterly in vain ; Justice , whose office is , To distribute to every one his own : and Friendship , which is so necessary and equal , Vt nec aquâ , saith Cicero , nec igne , nec ipso sole pluribus in locis utamur quàm amicitiâ . 5. By the Holie Scripture . Dixit quoque Dominus Deus , non est bonum hominem esse solum , faciamus ei adjutorium simile sibi . Of which words is deduced , That as this first Societie of our first Parents was of God , and for so great purpose , the one to be holpen by th' other ; so all other Societies , which grow of this first , stand upon the same ground of God's Ordination , for the self same end of man's utilitie . Government and Superioritie is also of Nature . 1. Necessitie . Without Government , Superioritie and Jurisdiction of Magistrates , the aforesaid Societie can in no wise subsist : it followeth therefore that Government is of Nature , aswel as the Societie it self . For except there be some Order kept among men , to reward Virtue , chasten Vice , and relieve the Afflicted , there is nothing to be hoped for , but horror and confusion ; for that one would devour and consume the other . 2. Consent of Nations . There was never yet Nation found , among whom men living together had not some kind of Magistrates or Superiors to Govern them ; which general Consent , Cicero calleth Ipsius vocem naturae . 3. Civil Law . The Civil Law proveth also this point in the beginning of our Digests , where the second title of the First Book is , De originie juris & omnium Magistratuum , of the beginning of the Civil Law , and of all Magistrates ; which beginning is referred to the Principle of natural instinct , and God's institution . 4. Holie Scripture . God concurreth also expresly with this instinct of Nature , as when he saith to Solomon , By me Kings do Reign ; And S. Paul to the Romans avoucheth , That Authoritie is not but of God , and therefore he which resisteth Authoritie , resisteth God . Viz. Authoritie in it self according to the first institution , as also lawfully laid upon any persons , but not wrongfully . Particular Form of Government is not of God , or Nature , but free to every Country . So those two aforesaid Points , to wit , The Common-wealth , and Government of the same , are of Nature ; But the particular Forms of Government are left unto every Nation and Country to chuse , either Democratia , Aristocratia , or Monarchia , according as they shall like best ; for if they were determined by God or Nature , they should be all one in all Nations ; which they are not : seeing we see that every Nation almost hath her particular Form , or manner of Government : And the cause of these Differences Aristotle attributeth to the diversity of men's Natures , Customs , Educations , and other such causes , that make them make choice of such , or such Forms of Government . Diversitie of Government in divers Countries and Times . And this Difference of Government is not in divers Countries only , but also at divers times in one and the same Countrie : For the Romans first had Kings , & after rejecting them for their evil Government , they chose Consuls annual , whose Authoritie was limited by a multitude of Senators , and these mens Power by the Tribunes of the People , and somtime Dictators ; and finally , they came to be Governed by Emperors . The like may be said of many Common-wealths both of Asia and Greece ; and at this day of Europe . In Italie , now divided into so many Common-wealths , every one of them almost keepeth a different Form of Government : Millan , as also Burgundie , Lorayne , Bavire , Gasconie , and Brittanie the lesser , were once distinct Kingdoms , now Dukedoms . Whole Germanie , many yeers together a Kingdom , now is divided into so many Dukedoms , Earldoms , and other Titles of Supreme Princes . Castile , Arragon , Portugal , Barcelona , which were first Earldoms only , and after Dukedoms , and then Kingdoms , are now all united under one Monarch : Boëme and Polonia , Dukedoms once , now Kingdoms . France first a Monarchie , under Pharamond , Clodion , Merouye , Childerick , and Clodovaeus , was after divided into Four Kingdoms , to wit , one of Paris , another of Soissons , the third of Orleans , and the fourth of Metz : and afterwards made one Monarchie again . England first a Monarchie under the Britaines , and then a Province under the Romans , and after divided into Seven Kingdoms at once under the Saxons , and now a Monarchie again under the English . The People of Israël also were under divers manners of Government , in divers times ; first under Patriarchs , Abraham , Isaac , and Jacob : then under Captains , as Moses , Josue , &c. then under Judges , as Othoniel , Acod , Gedeon , &c. then under High Priests , as Hely and Samuel : then under Kings , as Saul , David , &c. then under Captains and High Priests again , as Zorobabel , Judas , &c. until they were brought under the power of the Romans . So as there can be no doubt , but that the Common-wealth hath power to chuse their own fashion of Government , as also to change it upon reasonable causes ; and God no doubt doth approve it . The Common-wealth limiteth the Governors Authoritie . And as the Common-wealth hath this Authoritie to chuse and change her Government , so hath she also to limit the same with Laws and Conditions : Therefore the Consuls of Rome were but for one year , other Officers and Magistrates for more , as their Common-wealth did allot them . The Dukes of Venice at this day are for their Lives ; those of Genoa for two years . The Dukedoms of Ferrata , Urbin , and Parma , are limited only to Heirs Male ; & for defect therof , to return to the Sea of Rome ; as Florence , and Mantua , for like defects to the Empire . How a Natural Prince is to be understood . When men talk of a Natural Prince , and Natural Successor ; if it be understood of one that is born within the same Realm or Countrie , and so of our own natural blood , it hath some sence ; but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature , it is ridiculous ; for that Nature giveth it not , as hath been declared , but the particular Constitution of every Common-wealth . Of the Form of Monarchies and Kingdoms in particular , and the different Laws , whereby they are to be Obtained , Holden , and Governed in divers Countries . CAP. II. A Monarchie the best Government . ARistotle , Seneca , and Plutarch do hold a Kingdom to be the most perfect Common-wealth among all other , and the very first . His Antiquity . Of all other it is the most ancient ; for we read that among the Syrians , Medes and Persians , their first Governors were Kings . And when the Children of Israël did ask a King at the hands of Samuel ( 1000. years before the coming of Christ ) they alleged for one Reason , That all Nations round about them had Kings for their Governors ; and at the very same time the chiefest Cities and Common-wealths of Greece , as the Lacedemonians , Athenians , Corinthians , and others , were governed by Kings . The Romans also began with Kings . It resembleth the Government of God , and Nature . This kind of Government ( as do gather S. Hierom and S. Chrysostom ) resembleth most of all the Government of God , that is but one : representeth the excellencie of one Son , of one Soul in the Bodie : it is also most conformable unto Nature , by example of the Bees which do chuse unto themselves a King , and do live under a Monarchie . St. Peter's Authoritie . Subjecti estote omni humanae Creaturae propter Deum , sive Regi quasi precellenti , sive Ducibus ab eo missis , &c. saith S. Peter , where he seemeth to signifie that a King's Government is the best among all others ; seeing at this time when he wrote this Epistle , the chief Governor of the world was not called King , but Emperor ; though indeed between the title of King and Emperor there is little or no difference in substance , but only in name . Utilities of a Kingdom . This Government , not only in it self , but also by his Effects and Utilitie , is the most excellent : For in the Monarchie of one King there is more Unitie , Agreement , and Conformity , and thereby also Celerity commonly in dispatching of business , and in defending the Common-wealth , than where many Heads be : less Passions also in one man , than in many . Inconvenieneies of other Governments , as of DEMOCRATIA . In Democratia , especially where Cunning men are admitted , such as were the Orators in Athens , and the Tribunes in Rome , who could move the Waves , raise up the Winds , and kindle the Fire of the vulgar peoples Affections , Passions , and Furies at their pleasure ; there is nothing but Sedition , Trouble , Tumults , Outrages , and Injustice committed upon every little occasion : By which we see that of all Common-wealths , these of Popular Government have soonest come to ruine ; as do witness not only the old examples of Greece , Asia , and Africa , but also many Cities in Italie , who upon the Fall of the Roman Empire , took up unto themselves Popular Governments , wherein they could never rest , until they came under the Monarchie of one Prince or other , as at this day they do remain . Of ARISTOCRATIA . For Aristocratia , as it doth participate of Monarchia and Democratia , or rather tempereth them both : so hath it both good and evil in it ; but yet inclineth more to the evil , for the dis-union that commonly by mans infirmitie and malice is among those heads : For which cause the States of Venice and Genoa , which were wont to have simply this Government of Aristocratia , were inforced in the end to chuse Dukes . The Division and Factions among the Senators of Carthage , was the cause why Aid was not sent to Hannibal their Captain in Italie after his so great and important Victorie at Canna ; which was the very cause of the saving of the Romane Empire , and the loss of their own . As also afterwards the Emulations and Discord of the Romane Senators in the Affairs and Contentions of Marius and Sylla ; and of Pompey and Caesar , was the occasion of all their Destruction , and of their Common-wealth with them . Why Helps are given to Kings . Therefore it appeareth that of all other Governments Monarchie is the best : But for that a King is a Man as others be , and thereby not only subject to Errors in Judgment , but also to passionate Affections in his Will ; It was necessarie , That the Common-wealth should assign him the best Helps that might be for Directing and Rectifying both his Will and Judgment . Lawes the first Help , why given . The first Help is the Law , which Aristotle saith , Est mens quaedam nullo perturbata affectu : and in the same place addeth , That he which joyneth a Law to Govern with the Prince , joyneth God to the Prince ; but he that joyneth to the Prince his Affection to Govern , joyneth a Beast : So that a Prince Ruling by Law , is more than a man , or a man Deified ; and a Prince Ruling by Affections , is less than a man , or a man Brutified . In another place also the same Philosopher saith , That a Prince that Ruleth hemself , and others , by his own Appetite and Affections , of all Creatures is the worst , and of all Beasts is the most furious and dangerous ; for that nothing is so outragious as Injustice armed , and no Armor is so strong , as Wit and Authority . Councils the second Help , why given . The Monarchie of ENGLAND tempered . The second Help that Common-wealths do assign to their Kings and Princes , be certain Councils , as we see the Parlament of England and France , the Courts in Spain , and Diets in Germanie , without which no matter of great Moment can be concluded : And besides this commonly every King hath his Privie Council , whom he is bound to hear ; and this was done to temper somwhat the absolute Form of a Monarchie , whose danger is , by reason of his sole Authoritie , to fall into Tyrannie , as Aristotle noteth . [ In the Monarchie of England all the Three Forms of Government do enter more or less ; In that there is one King or Queen , it is a Monarchie : In that it hath certain Councils which must be heard , it participateth of Aristocratia ; And in that the Commonaltie have their Voices and Burgesses in Parlament , it taketh part also of Democratia . ] All which limitations come from the Common-wealth , as having Authoritie above their Princes , for the good of the Realm . Restraint of Kings among the Romans . Why Kinglie Government left in Rome . This Restraint hath been in all Times and Countries ; as for example , The Romans that began with Kings , gave their Kings as great and absolute Authoritie as ours have now adaies , but yet their next in Blood Succeeded them not of necessitie , but new Kings were Chosen partlie by the Senate , and partlie by the People . So as of Three * most excellent Kings that ensued immediatelie after Romulus , none were of the Blood , nor yet Romans born , but rather Strangers Chosen for their Virtue and Valor : So for the neglecting of their Laws the Senators slew Romulus their first King , and cut him in pieces ; and for the same reason , expelled Tarquinius Superbus their last , and all his Posteritie , and with them the Name and Government of Kings , which was changed in the Regiment of Consuls . Restraint of Kings among the Grecians . In Greece , and namely among the Lacedemonians , their Kings Authoritie was so restrained by certain Officers of the People , called Ephori ( which commonly were five in number ) as they were not only chastened by them , but also Deprived , and somtimes put to death . Restraint of Kings in Christendom . In Germanie . The Emperor can neither make War , nor exact any Contribution of men , or Money thereunto , but by the free leave and Consent of all the States of the Germane Dyet or Parlament ; And for his Children or next in Kinn , they have no action , interest , or pretence to Succeed , but only by free Election , if they shall be thought worthie : Nay one of the chiefest Points that the Emperor must Swear at his entrance is this , That he shall never go about to make the Dignitie of the Emperor Peculiar or Hereditarie to his Familie , but leave it unto the Seven Electors , free in their power to Chuse his Successor , according to the Law made by the Pope Gregory the Fift , and the Emperor Charles the Fourth , in this behalf . In Polonia and Bohemia . The Kings of Polonia and Bohemia can neither do any thing of great Moment , without the consent of certain principal men called Palatines or Castellans ; neither may their Children of next Blood Succeed except they be Chosen , as in the Empire . In Spain , France , and England . In Spain , France , and England , the Privileges of Kings are far more eminent , both in the Power and Succession ; for their Authoritie is much more absolute , and their next in Blood do ordinarily Succeed : for as touching Authoritie , it seemeth that the Kings of France and Spain have greater than the King of England ; for that everie Ordination of these Two Kings is Law in it self , without further Approbation of the Common-wealth , which holdeth not in England , where no general Law can be made without Consent of Parlament . But in the other Point of Succession , the restraint is far greater in those other Two Countries than in England . For in Spain the next in Blood cannot Succeed be he never so lawfully Discended , but by a new Approbation of the Nobilitie , Bishops , and States of the Realm , as it is expresly set down in the Two ancient Councils of Toledo the Fourth and Fifth . Nor can the King of Spain's own Son at this day be called Prince , except he be first Sworn by the said Nobilitie and Estates , as we have seen it practiced in the King Philip's Children . In France , Women , neither any of their Issue , though Male , are admitted to Succeed in the Crown : And therefore was Edward 3d. of England , though Son and Heir unto a Daughter of France , which was left by her Three Brethren Sole Heir to King Phillip * the fair her Father , put by the Crown ; As also was the King of Navar at the same time , Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin ; notwithstanding all their allegations : And Philip de Valois , a Brothers Son of Philip the fair's , preferred to it by General Decree of the States of France , and by Verdict of the whole Parlament of Paris . And albeit the Law Salica , by virtue whereof the French-men pretend to exclude the Succession of Women , be no very ancient Law , as the French themselves do confess , and much less made by Pharamond their first King ; yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same , and to alter the Course of Natural Discent ; and that the King of Navar only by virtue therof doth at this day pretend to be the next in Succession to this goodlie Crown , and to exclude both the Infanta of Spain , and the Prince of Lorrayn that now is , who are Children of the last King's Sisters . Propinquitie of Blood , not Sufficient . By which we see , That it is not enough for a man to allege bare Propinquitie of Blood , thereby to prevail ; for that he may be excluded , or put back by divers other circumstances , and for sundry other reasons . Kings lawfully Possessed , may be Deprived . Yea , The Common-wealth hath not only the Authoritie to put back the next Inheritors upon just Considerations , but also to Dispossess them that have been lawfully put in Possession , if they keep not the Laws ; As by examples of all Nations it might be proved . And God for the most part hath wonderfully prospered the same . Titles of Princes once Settled , not to be Examined by private men . Not that it be lawful to Subjects for every mislike to band against their Princes : Nay if a Prince be once settled in the Crown and admitted by the Common-wealth , every man is bound to settle his Conscience to obey the same , * without examination of his Title or Interest , because God disposeth of Kingdoms , and worketh his will in Princes affairs . Yielding too much to Princes bringeth a Tyrannie . But to make Princes subject to no Law or limitation at all , and to free them from all Obligation unto the whole Bodie whereof they are the Heads , as though they had been created Kings from the beginning of the world , or as though the Common-wealth had been made for them , and not they for the Common-wealth , were to bring all to such absolute Tyrannie as no Realm ever did or could suffer among civil People . The mean which is to be kept . The Argument of the next Chapter . So as all Dutie , Reverence , Love , and Obedience is to be yielded to the Prince which the Common-wealth hath once established : So yet retaineth still the Common-wealth her Authoritie not only to restrain him , if he be exorbitant , but also to chasten and remove him upon due and weightie considerations : And hath the same been done and practiced at manie times in most Nations with right good success to the weal-publick . Of Kings lawfully Chastised by their Common-wealths for their Misgovernment : And of the good and prosperous success that God commonly hath given to the same . CAP. III. EXAMPLES . The Ordination of God in the Common-wealth of the Jews , doth authorise the same doings in other Common-wealths . FOr Examples out of the Scripture , though some man may chance to say , That the things recounted there of the Jews , were not so much to be reputed for Acts of the Common-wealth , as for particular Ordinances of God himself ; yet it doth make rather for , than against this purpose ; because other Common-wealths may the sooner practice that wherein they have God his own authoritie and approbation . Examples out of the Jews . SAUL . First then Saul , though he was elected by God to that Royal Throne , yet was he by his order slain by the Philistians , for his disobedience , and not fulfilling the Laws and limits prescribed unto him : And David was chosen in his room , which proved such a King , as he was a most perfect patern for all Kings to follow ; and so lived , and so died , as never Prince ( I think ) before him , nor perhaps after him so joyned together both Valor and Virtue , Courage and Humilitie , Wisdom and Pietie , Government and Devotion , Nobilitie and Religion . AMON . Amon was lawful King also , and that by natural Discent and Succession , for he was Son and Heir to King Manasses ; yet he was slain by his own people , quia non ambulavit in via Domini ; and Josias was brought in his room ; of whom it is written , Fecit quod erat rectum in conspectu Domini , & non declinavit neque ad dextram neque ad sinistram . Examples of the Romans . ROMULUS . Romulus the first King of the Romans , as hath been said before , having by little and little declined into Tyrannie , was slain and cut in pieces by the Senators ; and in his place was chosen Numa Pompilius , the notablest King that ever they had , who prescribed all their Order of Religion , and manner of Sacrifices , imitating therein the Ceremonies of the Jews ; as Tertullian and others do note ; began the building of the Capitol ; and added the two Months of January and February to the year . TARQUINIUS SUPERBUS . The expulsion of Tarquinius Superbus their seventh and last King , for his evil Government ; and the alteration thereby of the whole Government by the establishing of Consuls , had so prosperous a success , that whereas at the end of their King's Government they had but fifteen miles Territory without the Citie ; it is known that when their Consuls Government ended , and was changed by Julius Caesar , their Territory reached more than fifteen thousand miles in compass . JULIUS CAESAR . When Julius Caesar upon particular ambition had broken all Law both Humane and Divine , and taken all Government into his own hands alone , he was in revenge thereof , slain , as the world knoweth , by Senators in the Senate-house ; and Octavianus Augustus preferred in his room , who proved afterwards the most famous Emperor that ever was . NERO. After Nero 6th . Emperor which succeeded lawfully his Uncle Claudius , and was afterward deposed and sentenced * to death by the Senate for his wicked Government ; albeit Peace ensued not presently , yet within few months the whole Empire fell upon Vespasian , and his Son Titus , two of the best Governors that those times ever saw . DOMITIAN . To cruel Domitian , ( whose death the Senate is thought in secret to have procured , being not able to perform it openly by Justice ; for that he did presently by publick Decree allow of the same , disanulled all his barbarous acts and pulled down every where his Arms and Memories ) did succeed five excellent good Emperors ; to wit , Nerva , whom the Senate chose in his room , Trajan , Adrian , Antonius Pius , and Marcus Aurelius . HELIOGABALUS . Heliogabalus for his most beastlie life and foul actions , was deprived and put to death by the Souldiers of Rome , at the request and publick Approbation of the Senate and People ; who Ordained in his detestation , That never Emperor after him should be called more Antoninus ( and so it was observed . ) and preferred to the Empire in his room his Cousen named Alexander Severus , who proved one of the most rarest Princes for his Valor and Virtue , that ever the Romane Empire hath had . MAXENTIUS . Maxentius was drowned in the River of Tiber , and he , sirnamed afterward Constantine the great , succeeded in the Empire , and was the man that all men know , and the first Emperor that publickly professed himself a Christian , and planted our Faith over all the world . CONSTANTINE SIXTH , And IRENE . Constantine the Sixth , was for his evil Government first deposed , * and his eyes put out by his own Mother Irene , who usurped the Empire ; but being not able to Rule it in such Order as it was needful for so great a Monarchie , she was deprived thereof by the Sentence of Leo . the third , and by consent of all the People and Senate of Rome ; and Charles the Great , King of France , and of Germanie , was crowned Emperor of the West , and so hath that Succession remained unto this day , and many worthy men have succeeded therein , and infinite acts of Jurisdiction have been exercised by this authoritie ; which were all unjust and Tyrannical , if this change of the Empire , and deposition of Irene and her Son for their evil Government had not been lawful . Examples out of France . CHILDERICK . 3d. Childerick 3d. King of France , for his evil Government and Faineantise , was deposed by Zacharie the Pope , at the request of the whole Nobilitie and Clergie of France , Who alleaged , That their Oath to Childrick was to honor , serve , obey , maintain , and defend him against all men ; as long as he was just , religious , valiant , clement , and would resist the enemies of the Crown , punish the wicked , and conserve the good , and defend the Christian Faith ; Which being not observed on his part , they ought not be bound to him any longer , nor would not be any longer his Subjects : and so chose and Crowned Pepin in his place , whose Posteritie reigned for many years after him , and were such noble Kings as all the world can testifie . CHARLES of Lorrayne . Charles of Lorrayne , last of the race of Pepin , for the evil satisfaction that the French Nation had of him , was by the Authoritie of the Common-wealth put by the Crown ; and Hugo Capetus preferred to it ; whose Line hath remained and possessed it unto this day . Examples out of Spain . FLAVEO SUINTILA . Flavius Suintila King of Spain , was , both he and his Posteritie put down and deprived , in the fourth Council National of Toledo , and one Lissinando confirmed in his place . ALONSO , 11th . Don Alonso 11th . King of Castile and Leon , Son to Ferdinand the Saint , for his evil Government , and especially for Tyrannie used towards two Nephews of his , was deposed of his Kingdom by a publick Act of Parliament in the town of Valliodolid , after he had reigned 30 years ; and his own Son , Don Sancho 4th . was Crowned in his place ; who for his valiant acts was sirnamed Elbravo , and it turned to great commoditie to the Common-wealth . PEDRO . Don Pedro the Cruel , Son to Alonso 12th . having reigned 18. years , was for his injurious Government , dispossessed of his Crown by King Henry his bastard Brother , whom the States of the Country had called out of France , and Crowned : and though Pedro was restored again by the black Prince of Wales , yet God shewed to favor more Henry , because he returned and deprived Pedro the second time , and slew him in fight hand to hand ; and being set up in his place ( which his Progenie hath enjoyed to this day ) he proved so excellent a King , as he was called el Cavallero , and el delas mercees , the knightlie and bountiful King . Don SANCHO , 2d . Don Sancho Gapelo , lawful King of Portugal , having reigned 34. years , was deprived for his defects in Government by the universal Consent of all Portugal , and approbation of a General Council at Lyons , Pope Innocentius the Fourth , being there present , who did authorise the said State of Portugal , at their Petition , to put in Supreme Government , Don Alonso , Brother to the said Sancho , who was Earl of Boulongne in Picardie by the right of his Wife : which among other great exploits , was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castile , which unto his time it had acknowledged . Greece . MICHAEL CALAPHATES , and NICEPHORUS BOTONIATES . Michael Calaphates , Emperor of Greece , for having troden the Cross of Christ under his feet , and being otherwise also a wicked man , was deprived : As was also the Emperor Nicephorus Botoniates for his dissolute life , and preferring wicked men to authoritie . Polonia . HENRY . 3d. In our dayes Henry 3d. King of France , was deprived of the Crown of Polonia , ( wherof he had also been Crowned King before ) by publick Act of Parliament , for his departing thence without license , and not returning at the day denounced by publick Letters of peremptory commandment . Suetia . HENRY . Henry late King of Suëtia , was put down and deprived by that Common-wealth , and his Brother made King in his place , whose Son reigneth at this day , and is also King of Polonia : And this Fact was allowed by the Emperor , the King of Denmark , and all the Princes of Germanie , neer about that Realm . Denmark . CISTERNE . Cisterne King of Denmark , for his intollerable crueltie , was deprived and driven into banishment , together with his Wife and three Children ; and his Uncle Frederick Prince of Holsatia , was chosen King , whose Progenie yet remaineth in the Crown . England . King JOHN . King John of England , for his evil Government , and for having lost Normandie , Gasconie , Guyenne , and all the rest which the Crown of England had in France , made himself so odious and contemptible , as first he was both Excommunicated and Deposed by the Pope at the sute of his own People ; and , to make his Peace , was enforced to resign his Crown in the hands of Pandulfe the Pope's Legat ; and afterwards falling back again to his old defects , though by making his Kingdom tributarie in perpetuum to the See of Rome , he had made the Pope of his side for a time ; the People notwithstanding did effectuate his Deprivation the 18th . year of his reign , first at Canterbury , and after at London ; And called Lewis Prince of France , Son to Phillip 2d . and Father to Saint Lewis , and chose him for their King , and did swear him Fealtie with General Consent in London . Anno 1216. But King John's death following presentlie after , made them turn their purposes , and accept of his Son Henry , before matters were fully established for Lewis ; And this Henry , which was 3d. of that Name , proved a very worthie King ; and reigned 53. years , which is more than ever King in England did , leaving Edward 1. his Son Heir , not inferior to himself in manhood and virtue . EDWARD , 2d . But this Edward 1. had a Son Edward 2d . who falling into the same or worse defects than King John had done , was after 19. years reign deposed also by Act of Parliament holden at London the year 1326. appointed to be called Edward of Carnarvam from that hour forward , and his bodie adjudged to perpetual prison , where at length his life was taken away from him in the Castle of Barkley : and his Son Edward 3d. was chosen in his place ; who either for Valor , Prowess , length of Reign , acts of Chivalrie , or the multitude of famous Princes his Children left behind him , was one of the noblest Kings that ever England had . RICHARD , 2d . Richard the 2d . Son to the black Prince of Wales , for having suffered himself to be misled by evil Counsellers , to the great hurt and disquietness of the Realm , was deposed also , after 22. years reign by a Parliament holden at London the year , 1399. and condemned to perpetual Prison in the Castle of Pomfret , where he was soon after put to death : and in his place was by free Election chosen the noble Knight , Henry * Duke of Lancaster , who proved afterwards so notable a King , as the world knoweth . HENRY , 6th . Henry 6th . after almost 40. years reign , was deposed , imprisoned , and put to death also , together with his Son the Prince of Wales , by Edward 4th . of the House of York : And this was confirmed by the * Commons , and afterwards also by publick Act of Parliament , because the said Henry did suffer himself to be over-ruled by the Queen his Wife , and had broken the Articles of Agreement made by the Parlament between him and the Duke of York , and solemnly sworn on both sides the 8th . of Octob. 1459. ( though otherwise for his particular life he were a good man ) and King Edward 4th . was put in place , who was one of the renownedest for Martial Acts and Justice , that hath worn the English Crown . RICHARD , 3d. This man having left two Sons , his Brother Richard Duke of Glocester put them to death , and being the next Heir Male , was authorised in the Crown , but Deposed again afterwards by the Common-wealth , which called out of France , Henry Earle of Richmond , who took from him both life and Kingdom in the Field , and was King himself by the name of Henry 7. And no man , I suppose , will say , but that he was lawfully King also ; which yet cannot be , except the other might lawfully be deposed . If the said Deprivations were unjust , the now Pretences are unlawful . Moreover is to be noted in all these Mutations what good hath succeeded therein to the Common-wealth ; which was unjust , and is void at this day , if the Changes and Deprivations of the former Princes could not be made , and consequently none of these that do pretend the Crown of England at this day , can have any Title at all for that from those men they discend , who were put in place of the deprived . If Kings established may be Deprived , much sooner Pretenders . And if this might be so in Kings lawfully set in Possession , then much more hath the said Common-wealth power and authoritie to alter the succession of such as do pretend Dignitie , if there be due reason and causes to the same . Wherein consisteth principally the lawfulness of Proceedings against Princes , which in the former Chapter is mentioned : What interest Princes have in their Subjects Goods or Lives ; How Oaths do Binde or may be Broken by Subjests towards Princes ; And finally the difference between a good King and a Tyrant . CAP. IV. 1. Objection against the Assertions in the last Chapter . BUt although by Nature the Common-wealth hath authoritie over the Prince to chuse and appoint him at the beginning ; yet having once made him , and given up all their authoritie unto him , he is no more subject to their correction ; but remaineth absolute of himself . As every particular man hath authorised to make his Master or Prince of his inferior , but not afterwards to put him down again , howsoever he beareth himself towards him . 2. Objection . When the Children of Israël , being under the Government of the High Priest , demanded a King of Samuel ; he protesting unto them , Well , quoth he , you will have a King , hearken then to this that I will say , Hoc erit jus Regis qui imperaturus est vobis ; He shall take away from you your Children , both Sons and Daughters , your Fields and Vineyards , &c. and shall give them to his servants , and you shall cry unto God in that day from the face of this your King ; and God shall not hear you , for that you have demanded a King to Govern over you . Assertions of Bellay . Yea Bellay , and some other that wrote in flatterie of Princes in these our days , do not only affirm , That Princes are lawless and subject to no accompt or correction whatsoever they do ; But also , That all goods , chattels , possessions , and whatsoever else commodities temporal of the Common wealth , are properly the Kings , and that their Subjects have only the use thereof ; so as when the King will , he may take it from them by right . Answer to Bellay his First Assertion . But for the first , That Kings are subject to no Law , Is against the very Institution of a Common-wealth , which is to live together in Justice and Order : for if it holdeth so , insteed of Kings and Governors to defend us , we may set up publick murtherers , ravishers , theeves , and spoylers to devour us : Then were all those Kings before mentioned both of the Jewes , Gentiles , and Christians , unlawfully deprived , and their Successors unlawfully put up in their places ; and consequentlie all Princes living at this day are intruders , and no lawful Princes . Answer to Bellay his Second Assertion . Of the second saying also , That all temporalities are properly the Princes , and that Subjects have only the use thereof , no less absurdities do follow : First it is against the very first principle and foundation of the Civil Law , which at the first entrance maketh this division of Goods , That some are common by Nature to all men , as the Aër , the Sea , &c. Others are publick to all of one Citie or Countrie , but yet not common to all in general , as Rivers , Ports , &c. Some are of the Communitie of a Citie or Common-wealth , but yet not common to every particular person of that Citie , as common Rents , Theaters , the publick hous , and the like : Some are of none , nor properly of any man's Goods , as Churches and Sacred things : And some are proper to particular men , as those which every man possesseth of his own . Besides it overthroweth the whole nature of a Common-wealth , maketh all Subject to be but very slaves : for that slaves and bondmen in this do differ from freemen , that slaves have only the use of things without property or interest , and cannot acquire or get to themselves any dominion or true right in any thing , but it accreweth all to their Master . Lastly , If all Goods be properly the King's , why was Achab and Jezabel so reprehended and punished by God , for taking away Naboth's vineyard ? Why do the Kings of England , France and Spain ask Money of their Subjects in Parlament , and that termed by the names of Subsidies , Helps , Benevolences , Loans , Prests , Contributions , & c ? How have the Parlament oftentimes denied them the same ? Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People ? Why doth the Canon Law inhibit all Princes upon pain of Excommunication , to impose new Impositions upon their People without great necessitie , and free Consent of the givers ? Nay , why be all Princes at this day prohibited to alienate any thing of their own Crown without consent of their People , if they be Lords of all , and the People have interest in nothing ? Answer to the Allegations out of the Prophet SAMUEL . Touching the words of Samuel , they are not to allow or authorise Injustice or Wickedness in any King . But to threaten the Jews with the disorders of Kings , for that they rejected the moderate Government of their High Priests , and had demanded as a matter of more Pomp and Glorie to be ruled by Kings , as other Heathen Nations about them were ; which did suffer great extortions and tyrannies of their said Kings . For the principal points recorded to all Princes throughout the whole course of Scripture are , Diligere Judicium & Justitiam , apprehendere Disciplinam , & facere veritatem . And for not observing them , many Princes have been punished by God himself . By what Law Princes are punished . Now to know by what Law the Common-wealths do punish their Kings ; It is by all Law both Divine and Humane : Divine , for that God doth approve that form , conditions , and limitations which every Common-wealth doth chuse unto it self : Humane , for that all Law both natural , national , and positive doth teach us , That Princes are subject to Law and Order . And it is not so of a Common-wealth , as it is of a private man , because a private man's voice being but one , doth not make the Prince wholly , as the Common-wealth doth ; Besides , having once given his voice , to make his Prince , he remaineth subject and inferior to the same : But the whole Bodie superior , who giving his authoritie up to the Prince , doth not deprive her self of it , but may use it , when need shall require , for his own defence , for which he gave it . Where one of the Contractants breaketh , the other is no more bound . And then that power which the Prince hath from the Common-wealth , is in very truth but potestas vicaria or delegata , given with such restrictions , cautels , conditions , and oaths on both parts ( the Prince and the Common-wealth ) as if the same be not kept on either part , the other is not bound to observe his promise neither : And this is among the very rules of both the Civil and Canon Law ; Frustrà fidem sibi quis postulat servari ab eo , cui fidem à se praestitam servare recusat . And again , Non abstringitur quis juramento ad implendum quod juravit , si ab aliâ parte non impletur cujus respectu praebuit juramentum . In things evil promised , Oath bindeth not . Moreover , where the fulfilling of our Oath , doth contain any notable hurt , or inconvenience against Religion , Pietie , Justice , Honestie , or the Weal-publick , or against the partie himself to whom it was made ; it is both lawful , honest , and convenient , to leave the performance thereof . As for example , In that Herod commanded St. John Baptists head to be cut off , which he did for his Oaths sake to the Daughter of Herodias ; no man will deny but that the thing had been far better left unperformed , and the Oath better broken than fulfilled ; according to another rule of the Law , In malis promissis fidem non expedit observari . Two principal Cases when Oaths hold not towards a Prince . So in these two Cases Subjects Oaths may be left unperformed towards the Prince ; First , when the Prince observeth not at all his promise made to the Common-wealth at his admission : And then , when the performing of their oath should turn to the notable damage of the Weal-publick . These Two Cases touched in the Deprivation of Childerick of France . These Two Cases were touched in the Deposition of Childerick , when the Bishop of Woitsburg , in the Name of all the Nobilitie and Common-wealth of France , made this Speech to Zacharie the Pope , Truth it is that the French have sworn Fidelitie to Childerick , as to their natural King , but yet with Condition that he on his part should also perform the Points that are incident to his Office ; as to defend the Common-wealth , protect the Church of Christ , &c. which if he doth , the French are ready to continue their obedience and allegiance unto him ; But if he be apt for none of these things , and nothing else may be expected whilest he is King , but detriment to the State , ignominie to the Nation , danger to Christian Religion , and destruction to the Weal-publick ; Then it is lawful for you , no doubt ( most holy Father ) to deliver the French from this band of their Oath , &c. The difference between a King and a Tyrant . When a King declineth once from his Dutie , he becometh a Tyrant ; And as a good King's end and Office is to make happie his Common-wealth ; so the Butt of a Tyrant is to destroy the same : A King ruleth according to equitie , oath , conscience , justice , and law prescribed unto him ; and a Tyrant is enemy to all these conditions : Vt populo Magistratus , ità Magistratui praesunt leges , saith Cicero , Theodosius , and Valentinianus , two worthie Emperors ; Digna vox est ( said they ) Majestate Regnantis legibus se alligatum fateri : But the Tyrant Caligula is justly detested , who said , Memento mihi omnia , & in omnes licere . And the Emperor Trajan certainly is to be immortally commended , who delivering the Sword to a Praetor , or Governor in Rome , Take this Sword ( said he ) and if I do reign justly , use it for me ; and if not , then use it against me . Which in effect and substance are the same words that our Christian Princes use at this day at their enterance when they promise to rule justly , and according to the Laws of their Country , and upon that Condition take the Oaths of their Subjects Obedience , Protesting , That if they perform not this , that then their Subjects are free , as before , from all Allegeance . Of the Coronation of Princes and manner of their Admission to their Authoritie , and the Oaths which they do make in the same unto the Common-wealth , for their good Government . CAP. V. Since the People made the Prince , it is likely he did it with Conditions for his own good . FOrasmuch as not Nature , but the Election and Consent of the People hath made the first Princes from the beginning of the world ; It appeareth most certain and conform to all reason , That they were not admitted to that Power and Dignity without some Conditions and Promises also on their parts , for using it well ; because it is not likely that any people would ever put their lives , goods , and liberties in the hands of another , without some assurance of justice and equity : And hereof came to pass that both the Romans and Greecians prescribed to their Kings those limits before mentioned . More Religiously observed among Christians , than other Nations . And the more orderly the Prince cometh to his Crown , the more express and certain are their Conditions between him and the People ; As on the other side , the more violent he getteth his authority ; as those ancient Tyrants of Assyria , Nemrod and Belus did , and at this day is done among the Turks , the less Conditions of just dealing may be expected : Therefore among the Christians this point of Mutual Oaths between Prince and Subjects , hath been much more established , made clear , and reduced to a more sacred and Religious kinde of Union , than before : for that the whole action hath been done by Bishops and Prelats , and the astipulation on both sides , hath passed and been Regestred in sacred places , and with great solemnitie of Religious Ceremonies . The manner of Admitting Greek Emperors . Anastatius . The East , or Greek Emperors of Constantinople ( after the Empire was translated from Rome thither by Constantine the great , first Christian Emperor ) though their coming to the Crown were nothing so orderly , as at this day it is used ; yet they were wont , above a thousand years agone , to have an Oath exacted at their hands by the Patriarch of Constantinople . As of Anastatius the first , writeth Zonaras , Antequam coronaretur , inquit , fidei confessionem scriptam , quâ polliceatur se in dogmatibus Ecclesiasticis nihil esse novaturum , ab eo exegit Patriarcha Euphemius vir Sanctus & Orthodoxus . And divers other Conditions also did he promise , before he could be Crowned , as the taking away of some Tributes , the giving of Offices without Money , and other like points appertainting to reformation and good government . Michaël . Of Michael the first , writeth the same Author in these words , Michaël ubi diluxit , magnam Ecclesiam ingressus , à Patriarcha Nicephoro Imperatorio diademate est ornatus , postulato priùs scripto quo promitteret , se nulla Ecclesiae instituta violaturum , neque Christianorum sanguine manus contaminaturum . The Latine Emperors . Otho . 1. In the West Empire ( given to Charles the great and his posteritie ) this Point is yet more settled , and more inviolably kept : For albeit it went by succession for the most part at the beginning , yet were they never admitted to the same without this circumstance of swearing to Conditions of righteous Government : As Otho 1. who being Son and Heir to Emperor Henry 1. Duke of Saxonie , sirnamed the Faulkner , and named by him to the inheritance of the said Crown of Germanie , did nevertheless make his Oath , and received his new approbation of the People : for the Archbishop of Moguntia ( chief Primate of all Germanie ) bringing him to the Altar where he must swear , said these words unto the people , Behold , I bring you here Otho , chosen by God , and appointed out by his Father Henry our Lord , and now made King by all the Princes of this Empire ; if this Election please you , do you signifie the same by holding up your hands to heaven . Which being done , he thereupon tooke the Ornaments and Ensigns of the Empire , and put them upon the Emperor , telling him the signification of each thing , and what it did binde him unto , and taking his promise to perform all . And after all , includeth the storie , Rex perfusus oleo Sancto , coronatur Diademate aureo ab Episcopis , & ab eisdem ad solium Regale ducitur , & in eo collocatur . Institution and manner of the Emperor's Creation , used at this day . In the year 996. Pope Grerory 5. in a Synod holden in Rome , did by the consent of Otho 3. Emperor and Nephew unto this other Otho , appoint this form of Election for the time to come of the Germane Emperors , That he should be chosen by six Princes of Germanie ; Three Ecclesiastical , which are the Archbishops of Moguntia , Colen , and Trevires ; and Three Temporal , to wit , the Duke of Saxonie , the Count Palatine of the Rhene , and the Marquess of Brandeburge : and when these six voices should happen to be equally divided , that then the Duke of Bohemia ( for then it was no Kingdom ) should have place also to determine the Election : which was approved by all the Princes of Germanie , and other Christian Princes and Estates of the world . And Sleydan writeth the manner and conditions of the said Election to be these ▪ First of all , that after any man is chosen Emperor , he is to be called only Caesar , and the King of the Romans , and not Emperor until he be Crowned ; and presently after his Election , he sweareth these Conditions , To defend the Christian and Catholick Religion ; to defend the Pope and Church of Rome , whose Advocate he is ; to minister justice equally to all ; to follow peace , to keep all Laws , rights and priviledges of the Empire ; not to alienate or engage the Possessions of the Empire ; to condemne no man without hearing his Cause , but to suffer the course of law to have his place ; In all and whatsoever he shall do otherwise , that it be void , and of no validitie at all . Whereunto he sweareth first by his Legates , and then giveth a coppie of his Oath in writing to every one of the six Electors , and after this goeth to the Citie of Aquis-gran to be Crowned in the great Church , where , about the middle of the Mass , the Archbishop of Colen goeth unto him in the presence of all the People , and asketh Whether he be ready to swear and promise to observe the Catholick Religion , defend the Church , minister justice , protect the Widdows and Fatherless , and yield dutiful honor and obedience to the Pope of Rome . Whereunto he answering , That he is ready to do all this ; the Archbishop leadeth him to the high Altar , where he sweareth in express all these Articles ; which being done , the said Archbishop turning himself to the Princes of the Empire and People there present , doth ask them , Whether they be content to swear Obedience and Fealtie unto him , who answering , Yea ; he is anointed by the said Archbishop before the Altar ; and then do come the other two Archbishops of Moguntia and Treveris , and lead him into the Vesterie , where certain Deacons apparel him in his robes , and do set him in a Chair , upon whom the Archbishop of Colen saith certain Prayers , and then delivereth him a Sword drawn , and putteth a Ring upon his finger , and giveth him a Scepter in his hand , and then all the three Archbishops together do put on the Crown upon his head , and leading him so Crowned and Apparelled unto the high Altar again , he sweareth the second time , That he will do the part of a good Christian and Catholick Emperor . Which being ended , he is brought back and placed in the Imperial Seat and Throne , where all the Princes of the Empire do swear Obedience and Faith unto him , beginning with the Electors , and so to all the rest in order . And it is to be marked , That the Emperor sweareth three times , once by his Deputies , and twice by himself , before his subjects swear once unto him . The manner used in Polonia . In Polonia , which being first a Dukedom , was made a Kingdom about the year 1000 , the manner of the Coronation of their Kings , is in substance the same , as that of the Emperor : for the Archbishop of Guesna , Metropolitan of all Polonia , declareth to the King before the high Altar , the End and Condition of his Office and Dignitie , unto what Points he must Swear , and what do signifie the Sword , the Ring , the Scepter , and the Crown : And the King's Oath thereupon being taken , the Marshal General of the whole Kingdom , doth ask with a loud voice of all the Nobilitie and People there present , Whether they be content to submit themselves unto this King , or no ? Who answering , Yea ; the Archbishop doth end the residue of the Ceremonies , and doth place him in the Royal Throne , where all his Subjects do Homage unto him . The manner used in Spain before the entring of the Moors . Sisinandus . When Spain remained yet one General Monarchie under the Gothes , before the entring of the Moors , Sissinandus ( who had expelled King Suintila for his cruel Government ) in the Fourth National Council of Toledo , holden the year 633. prayed with submission the Prelats there gathered together , to determine that which should be needful for the maintaining both of Religion and State : and so after matters of Religion ▪ they first confirm the Deposition of King Suintila , together with his Wife , Brother , and Children ; and then authorise the Title of Sissinandus : but yet with this insinuation ; We do require you that are our present King , and all other our Princes that shall follow hereafter with the humilitie which is meek and moderate towards your Subjects , and that you Govern your People in Justice and Pietie , and that none of you do give sentence alone against any man in case of Life and Death , but with the consent of your publick Council , and with those that be Governors in matters of Judgment : And against all Kings that are to come , we do promulgate this sentence , That if any of them shall against the reverence of our Laws ▪ exercise cruel Authoritie with proud domination and Kinglie pomp , following only their own concupisence in wickedness , that they are condemned by Christ with the sentence of Excommunication , and have their separation both from him and us to everlasting judgment . Chintilla . Sissinandus being dead , one Chintilla was made King in his place ; under whom were gathered two other Councils , the 5th . and 6th . of Toledo , in which matters were determined about the Succession to the Crown , Safetie of the Prince , Provision for his Children , Friends , Officers , and Favorites after his death , against such , as without the approbation of the Common-wealth , did aspire to the same . And among other Points a severe Decree was made in the 6th . Council , concerning the King's Oath at his admission , That he should not be placed in the Royal seat , until among other Conditions he had promised by the Sacrament of an Oath , That he would suffer no man to break the Catholick Faith , &c. After the entring of the Moors . Don Pelago . After the coming in of the Moors , one Don Pelago , a yong Prince of the Royal Blood of the Gothes being fled among the rest to the Mountains , was found and made King ; and having began the recovery of Spain , by the getting of Leön , left a certain Law written in the Gotish tongue touching the manner of making their King in Spain , and how he must Swear to their Liberties and Priviledges : whereof the first Article saith , Before all things it is established for a Law , Libertie , and Priviledge of Spain , That the King is to be placed by Voices , and Consent perpetually ; and this to the intent no evil King may enter without consent of the People , seeing they are to give to him that which with their blood and labors they have gained of the Moors . For the fashion of making their Kings in that old time , it remaineth still in substance at this day , but the manner thereof is somwhat altered ; for now the Spanish Kings be not Crowned , but have another Ceremonie for their admission equal to Coronation , which is performed by the Archbishop of Toledo , Primate of all Spain . Manner used in France . Two Manners thereof . In France have been two manners used of that Action ; the one more antient hath endured 600. years , from Clodoveus , ( that was Christned , and Anointed also and Crowned at Rheims by S. Remigius ) unto the time of Henry 1. and Philip 1. his Son , before the 12. Peers of France were appointed to assist the Coronation , which now is the chiefest part of that Solemnitie . In the old fashion , as saith du Haillan , the Kings were lifted up and carried about upon a Target by the chief Subjects there present , according to the manner of the Spaniards . But for the substance of the admission it was not much different from that which is now . The Old Manner . Philip , 1. For example , the Coronation of Philip 1. Henry 1. his father desiring for his old age to establish him in the Crown before his death , did ask the consent and approbation both generally , and in particular of the Nobility and People , for his admission : Whom finding all willing , he brought him to Rheims , where in the great Church , the Mass being began , upon the reading of the Epistle , the Archbishop turning about the Prince , declared unto him what was the Catholick Faith , and asked him , Whether he did beleeve it , and would defend it against all persons ; who affirming that he would , his Oath was brought unto him , whereunto he must Swear ; which he took , and holding his hands between the hands of the Archbishop , read it with a loud voice , and signed it with his own hand : The substance of the Oath was , That he would preserve unto the Clergie all Canonical priviledges , and all Law and Justice unto them ; as every King was bound to do ; and furthermore administer Justice unto all People given him in charge . Then the Archbishop taking his Cross , after he had shewed unto all the audience the authoritie that the Archbishop of Rheims had to anoint and Crown the King of France , and asked license of King Henry the Father , Il esleut Philippe son fili pour & en Roy de France ? Which the Popes Legats , and the Nobility , and People did approve , crying out three times , Nous l'approvvons , nous le voalons , soit fait nôtre Roy . Institution of the newest Manner . This Manner was altered specially by * Louysle Jeune , who , leaving still the substance of the action , added thereunto divers external Ceremonies of Honor and Majestie ; and amongst other ordeined the offices of Twelve Peers of France , Six Ecclesiastical , and Six Temporal ; who ever since have had the chiefest Places and Offices in this great action . First , THe Archbishop and Duke of Rheims anointeth and Crowneth the King . The Bishop and Duke of Laon , beareth the Glass of Sacred Oyl . The Bishop and Duke of Langres , the Cross . The Bishop and Earle of Beauvais , the Mantle Royal. The Bishop and Earle of Koyon , the King's Girdle . The Bishop and Earle of Chaalons , the Ring . The Duke of Burgundie , Dean of the Order , holdeth the Crown . The Duke of Gasconie and Guyenne , the First Banner quartered . The Duke of Normandie , the Second Banner quartered . The Earle of Tholosa , the Golden Spurs . The Earle of Champanie , the Banner Royal , or Standard of War . The Earle of Flanders , the Sword Royal. And this day the King is apparrelled three times , and in several sorts ; 1. As a Priest ; 2. As a King , and a Warrier ; 3. As a Judge . Philip , 2d . This day Lewis , specially for the Coronation of his Son Philip Agustus , whom he caused also to be Crowned in his dayes : In this Coronation ( whereunto Henry 2. of England , as Duke of Normandie , who held the Crown , and one of his Sons , as Duke of Gasconie , were present ) the King being summoned by the Archbishop to keep all Priviledges of the Church , Law and Justice ; answered , I do promise and avow to every one of you , and to every Church to you committed , That I will keep and maintain all Canonical priviledges , law and justice due to every man , to the uttermost of my power , and by God's help shall defend you as a good King is bound to do in his Realm . And then laying his hands upon the Gospel , made his Oath , in these words , Au nom de Jesus Christ , re jure & promets au peuple Chrestien à moy Subject ces choses , &c. First that all my subjects be kept in the union of the Church , and I will defend them from all excess , rapine , extortion , and iniquitie ; Secondly , I will take order that in all judgments justice shall be kept with equitie and mercie , to the end that God of his mercy may conserve unto me with yo● my people , his holy grace and mercie ; Thirdly , I shall endeavor as much as possibly shall lie in me , To chase and drive out of my Realm , and all my Dominions , all such as the Church hath or shall declare for Hereticks , as God shall help me and his holy Gospels : Then he kissed the Gospels , and after Te Deum sung , and other particular Prayers said by the Archbishop , he was Vested , and the Ring , Scepter , Crown , &c. were put upon him , with declaration what they signified : After all that the Archbishop and Bishops did bless him ; and then by the said Archbishop , and the other Peers , was led unto the Seat Royal , where the Crown was put upon his head , &c. France Author of this manner of Coronation . Albeit the substance of the Ceremonie of Sacring and Anointing Kings be much elder than the Christian Kingdom of France ; yet is this particular and Majestical manner of doing it by way of Coronation , the most antient in France above all other Kingdoms , round about : And it is probable that most of them have taken their forms of anointing and Crowning from her , for the affinitie and likeness of the one to the other : as may be seen by that of Germanie and Polonia before recited ; by that of Navarra , brought in by certain Earles of Champanie , according to the use of France ; and others : But among all , England seemeth to have taken it most particularly from them , not only for that divers English Kings have come out of France , but also for that in very deed the thing it self is all one in both Nations . The Manner of Admission in England . First , As the Archbishop of Rheims doth this Ceremony in France , so in England the Archbishop of Canterbury ; And the first thing the said Archbishop requireth at the King's hands , is about Religion , Church matters , and the Clergie ; whereupon the King sweareth , and giveth up his Oath in writing , which he laieth down with his own hands upon the Altar : the words are these ; That he will , during his life , have reverence and honor unto almightie God , and to his Catholick Church , and unto his Ministers , and that he will administer Law and Justice equally to all , and take away all unjust Laws . Which after he hath sworn , the Archbishop turning about to the People , declareth what the King hath promised , and asketh , Whether they be content to submit themselves unto this man as unto their King or no , under the Conditions proposed ? Whereunto having yielded , he put's upon him the Royal Ornaments , as the Sword , the Ring , the Scepter , and Crown ; and namely he giveth him the Scepter of St. Edward the Confessor , and then addeth this exhortation , Stand and hold thy place , and Keep thy Oath ; with a great commination on the behalf of almightie God , if he taketh the place , and breaketh his Oath . Henry , 4th . In the admission of Henry 4. the People were demanded thrice , Whether they were content to admit him for their King ? And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto , he took the Ring , wherewith to wedd him to the Common-wealth , ( which wedding importeth a mutual Obligation ) which was shewed to the People by the High Constable , and then put upon the King's finger , who kissed the Constable in sign of acceptance , &c. Edward , 4th . Edw. 6th . Mary . Elisab . In the admission of Edward 4th . the Peoples Consent was asked at two several times very solemnly , notwithstanding that he had proved his Title by Succession before in Parliament . And in the Coronation of Edward 6. Queen Mary , and Queen Elisabeth's , the Peoples consent and their acceptation was not only demanded , but the Princes corporal oath also taken upon the Evangelists . What is due to only Succession by Birth , and what interest or right an Heir apparent hath to the Crown , before he be Crowned or Admitted by the Common-wealth ; and how justly he may be put back , if he have not the other parts requisite also . CAP. VI . Belloy's Assertions upon this Matter . Assertion , First . BElloy's Assertions about this matter are plain and gross flatteries , and opposite to all reason of State , and practise of the World . First he saith . That all Families which enjoy Kingdoms in the world were placed therein by God only , and that he alone can change the same . Which indeed if he refer unto God's universal providence , it is true that all is from God either by his Ordinance or permission ; but speaking of the next and immediate causes ; clear it is that men do also concur therein , and that God hath left them lawful authoritie so to do for the publick benefit . Assertion , Second . His Second Assertion is , That where such Princes be once placed in Government , and the Law of Succession by Birth established , there the Princes Children , or next of Kinn , do necessarily succeed , by only Birth , without any new choice or approbation of the People , Nobilitie , or Clergie , or of the whole Common-wealth together . Assertion , Third . Whereunto he joyneth , That a King never dieth , for that whensoever , or howsoever , he ceaseth by any means to Govern , then entereth the Successor by Birth , not as Heir to the former , but as lawful Governor of the Realm , without any admission at all , having his authoritie only by the condition of his Birth , and not by adoption or choice of any . Assertion , Fourth . The Fourth which hath been touched before , is , That a Prince once entered to Government , and so placed , as hath been said , is under no Law or Restraint at all of his authoritie , but that himself only is the quiek and living Law , and that no limitation can be given unto him by any power under heaven , except it be by his own will , and that no Nation or Common-wealth can appoint or prescribe how they will Obey , or how their Prince shall Govern them ; but must leave his authoritie free from all bands of Law ; and this either willingly , or by violence , is to be procured . Assertion , Fifth . The Fifth , That albeit the Heir apparent which is next by Birth to any Crown , should be never so impotent , or unfit to Govern ; as if ( for examples sake ) he should be deprived of his Senses , Madd , Furious , Lunatick , a Fool , or the like ; or that he should be known on the other side to be most Malicious , Wicked , Vitious , or abhominable , or should degenerate into a very Beast ; yea if it were known that he should go about to destroy the Common-wealth , and drown the Ship which he had to guide ; yet ( saith this man ) he must be Sacred and Holie unto us , and admitted without contradiction to his inheritance , which God and Nature hath laid upon him , and his direction , restraint , or punishment must only be remitted to God alone , for that no man , or Common-wealth , may reform , or restrain him . Succession by Birth , better than meer Election . Indeed Succession is much to be preferred to Election , for that , as hath been shewed before of the Government of a Monarchie in respect of other Forms , Succession hath commonly far fewer , and lesser inconveniences . Reason , First . First , Election is subject to great and continual dangers of Ambition , Emulation , Division , Sedition , and Contention , which bring with them evident peril of universal destruction ; whereas by Succession these occasions of strife are cut off . Reason , Second . Besides , The Prince is in present possession , knowing that his Son , or next of Kinn , is to be his Heir , hath more care to leave the Realm in good order . Reason , Third . Succession also bringeth less Mutations in the Common-wealth ; for that the Son following his Father , doth commonly retain the same Friends , Counsellors , and Servants ; pursueth the same actions and intentions , and for the most part with the same manner ; whereas he which entereth by Election , being an Alien , and never likely friend to his predecessor , doth alter and turn up-side-down all things . Reason , Fourth . Fourthly , He that cometh by Succession , having been much respected still for his Title to the Crown , bringeth with him less Passions of Hatred , Emulation , Anger , Envie , or Revenge against particular men , than he that entreth by Election , who having been equal to others before his advancement , and holden contention with many , must needs have matter of quarrel with them ; which he will seek to revenge when he is in authoritie : and they on the other side will bear him less respect , and more unwillingly be under him . Reason , Fifth . Whereunto may be added the preeminence and priviledge of Premogeniture and ancestrie of Birth so much respected and commanded by holy writ ; so that although Jacob were ordained by God to inherit the Benediction , yet would God have him to procure the said Priviledge of Eldership from Esau his elder Brother . Wherein may also be noted , That yet this priviledg is not so inviolable , but that upon just causes it may be broken : and so in matters of State it was often practiced by God himself ; as when Juda , the 4th Tribe , and not Ruben the first , was appointed to enjoy the Scepter of the Jews ; and when Solomon tenth Son of David was appointed to be his Successor , not his first or second . Election and Succession do help one another . And so , where in Succession , there are inconveniencies , as some be or may fall , the remedie is , First to assist the Prince with Directions , and wise Counsel , if he be capable thereunto ; if not to remove him , and take in another of the same Blood , in his place . And by this means Election and Succession do help and moderate one another , and remedie one anothers inconveniencies . Answer to the first Question propounded at the beginning . Now to the first Question made at the beginning of this Chapter , What is due to Succession or Prioritie of Blood alone ? Great honor and respect is to be born unto the same , for that it is the principal Condition that leadeth infallibly to the next Succession of the Crown ; If in the same Person do concur also other necessary circumstances and conditions , which were appointed at the same time , and by the same authoritie that the Law of Succession was established . Answer to the Second . To the Second , What Interest an Heir apparent hath to the Crown before he be Crowned ; If he have the Conditions before required , he hath the same Interest to the Kingdom , which the King of the Romans , or Caesar hath to the Germane Empire after his Election ; who yet is not Emperor before he be Crowned . Or as in a Contract of Marriage there is Betrothing made between the parties by words de futuro , and is not properly Marriage , but espousal only ; and the Wedding , made by words de praesenti , or by mutual present consent of both Parties . So an Heir apparent , before he be Crowned and admitted , is but Betrothed to the Common ▪ wealth for the time to come ; and is married afterwards by present mutual Consent and Oaths of both Parties . What Respect is due to an Heir Apparent . Wherefore the Common-wealth in rigor of Justice oweth no Alleageance to the Heir apparent ( though his Predecessor be dead ) until he be Crowned ; because indeed till then he is not their true King and Sovereign ; els it were in vain to ask the Realm again three times at their Coronation , Whether they will have such a King or no ? And in the old time they were accustomed to reckon the years of their reign only from the day of their Coronation . But in the latter ages , for avoiding of Tumults , and better keeping of Order , it hath been ordained , That from the death of the former Princes all matters of Government shall pass in the Name of his next Successor . And for better accompt of years , That the beginning of his Reign should be reckoned from the day of the Death of his Predecessor . A Rare Example of HENRY the Fifth , who had Fealtie done unto Him before He was Crowned . Again , By that in all Countries the Subjects take their Oaths only after the Princes hath Sworn , it appeareth that before they were not bound unto him by Alleageance . And for the Princes of England , it is expresly noted by English Historiographers , That no Allegeance is due unto them before they be Crowned ; and that this Priviledge happened only to Henry the Fifth , for his exceeding towardliness , and for the great affection of the People towards him ; to have Homage done unto him before his Coronation and Oath taken . Which , both Polydore and Stow do affirm never to have been offered before to any Prince of England . Admission is of more importance , and hath prevailed against Right of succession . Whence it is gathered , That the Title of Succession without the Admission of the Common-wealth , cannot make a lawful King : and that of the two , the second is of far more importance ; which may be proved by many examples : As of William Rufus that Succeeded the Conqueror ; King Henry the first his Brother : King Stephen's , King John's , and others , who by only Admission of the Realm , were Kings against the Order of Succession . Henry and Edward the 4th . did found the best part , and most surest of their Titles and the defence thereof , upon the Election , Consent , and good will of the People . And for this cause the most Politick Princes , that had any least suspicion of Troubles about the Title after their deaths , have caused their Sons to be Crowned in their own days . As Hugh Capetus Robert his eldest Son , and Robert Henry the first his second Son , excluding his elder . Henry also procured the same to Philip the first his eldest Son : And Louys le Gros unto two Sons of his , first to Philip , and after his death to Louys the yonger : And this Louys again unto Philip 2. his Son . The Prince of Spain is Sworn alwaies and admitted by the Realm during his Father's Reign . The same Consideration also moved King David to Crown his Son Solomon in his own days . And in England King Henry 2. considering the alteration that the Realm had made in admitting King Stephen before him , against the Order of Lineal Succession , and fearing that the like might happen also after him , caused his eldest Son Henry the third to be Crowned in his life time ; So as England had two Kings Henry's living at one time with equal Authoritie . How the next in succession by Propinquitie of Blood , hath oftentimes been put back by the Common-wealth , and others further off admitted in their Places , even in these Kingdoms where Succession prevaileth ; with many Examples of the Kingdoms of Israël and Spain . CAP. VII . Examples of the Jews . SAUL . David Elected to the prejudice of Saul's Sons . ALbeit God made Saul a true and lawful King over the Jews , and consequently also gave him all Kinglie Prerogatives ; whereof one Principle is , To have his Children succeed after him in the Crown : yet he suffered not any of his Generation to succeed him , but elected David , who was a stranger by birth , and no kinn at all to the deceased King , Rejecting thereby from the Crown , not only Isboseth , Saul's elder Son , though followed for a time by Abner Capt. General of that Nation , with eleven Tribes ; but also Jonathan his other Son , who was so good a man , and so much praised in holy Scripture . Whereby it is evident that the fault of the Father may prejudicate the Son's Right to the Crown , albeit the Son have no part in the fault . DAVID . Solomon , to the prejudice of Adonias , and his Brethren . David being placed in the Crown by Election , free Consent , and Admission of the People of Israël ( though by motion and direction of God himself ) no man will deny , but that he had given him all Kinglie Priviledges and Regalities , as among other the Scripture testifieth that it was assured him by God , That his Seed should Reign after him ; yea , and that for ever : Yet this was not performed to any of his elder Sons , but only to Solomon , his yonger and tenth Son , who by the means and perswasions of Queen Bersabé his Mother , and Nathan the Prophet , was chosen and made King by his Father , to the prejudice of his elder , Adonias , and the rest of his Brethren : * Whereby we are taught that these , and like determinations of the People , Magistrates , and Common-wealths , when their designments are to good ends , and for just respects and causes , are allowed also by God , and oftentimes are his own special drifts and dispensations , though they seem to come from man . Jeroboam to the prejudice of Roboam , Solomon's Son and Heir . After Solomon's death , Rehoboam his Son and Heir coming to Sichem , where all the people of Israël were gathered , for his Admission ; and having refused to yield to certain Conditions for taking away of some hard and heavie Impositions laid upon them by Solomon his Father , which the People had proposed unto him ; ten Tribes of the twelve refused to admit him for their King , but chose one Jeroboam his Servant , a meer stranger , and of poor Parentage , and God allowed thereof for the Sins of Solomon , leaving Rehoboam over two Tribes , and Jeroboam over ten . God's dealing in his Common-wealth , a president for all others . Although we may say that in the Jewish Common-wealth God almightie did deal and dispose of things against the ordinary course of man's Law , as best liked himself , whose Will is more than Law , and is to be limitted by no Rule or Law of man ; and therefore that these Examples are not properly the act of a Common-wealth , as our Question demandeth ; yet are they well brought in , because they may give light to all the rest . For if God permitted and allowed this in his own Common-wealth , that was to be the Example and Pattern of all others : no doubt but he approveth also the same in other Realms , when just occasions are offered , either for his service , the good of the People and Realm , or else for punishment of the sins and wickedness of some Princes . Examples of SPAIN . Four Races of Spanish Kings . Spain , since the expulsion of the Romans , hath had Three or Four Races of Kings . The first is from the Gothes , which began to reign about the year 416 , and endured by the space of 300. years , until Spain was lost to the Moors ; And to them the Spaniard referreth all his old Nobility . The second from Don Pelago , who after the Invasion of the Moors , was chosen King of Austurias about the year 717. and his Race continued adding Kingdom to Kingdom for the space of 300. years , until the year 1034. The third , from Don Sancho Mayor , King of Navarra , who having gotten into his Power the Earldoms of Arragon and Castilia , made them Kingdoms , and divided them among his Children ; And Don Fernando , his second Son , King of Castilia , sirnamed afterward the Great , by marrying of the Sister of Don Dermudo , King of Leon and Asturias , joyned all those Kingdoms together ; and this Race endured for 500. years , until the year 1549 ; When , for the Fourth , the House of Austria came in by Marriage of the Daughter and Heir of Don Ferdinando , sirnamed the Catholick ; which endureth until this day . The First Race . For the First Race , because it had express Election joyned with Succession , as by the Councils of Toledo it appeareth , it can yield no valuable examples for this place . The Second Race . Don Alonso , to the prejudice of Don Favila his Children . In the Second , Though the Law of Succession by Propinquitie of Blood , was established ; yet many examples do testifie , That the next in Blood was oftentimes put back by the Common-wealth upon just causes . Don Pelago's Son * being dead after two years Reign only , none of his Children , though he left divers , were admitted , ( because they were yong , and unable to Govern ) But Don Alonso the Catholick , his Son in Law , who for his valiant acts was sirnamed the Great . Don Aurelio , and Don Silo , to the prejudice of Don Fruela and his Children . To Don Alonso succeeded his Son Don Fruela , who was first a noble King ; But for that he declined to Tyrannie , and put to death wrongfully his own Brother Don Vimerano , rarely beloved of the Spaniards , he was himself put to death by them . And albeit he left two goodly lawful Children , yet in hatred of the Father , neither of them was admitted by the Realm to succeed him ; but his Cozen German Don Aurelio , brothers Son to Don Alonso the Catholick , who after six years Reign dying without issue , a brother in Law of his named Don Silo was admitted . Don Vermudo , to the prejudice of Don Alonso the Chaste ; who nevertheless come's in again afterwards very happily . This Don Silo being also dead without issue , and the Spaniards anger against Don Fruela being now wel asswaged , they admitted his aforesaid Son Don Alonso the yonger , sirnamed the Chaste ; though his Reign for this time endured very little ; being put out by a bastard Uncle of his Don Aluregado , with help of the Moors ; who after six years Reign dying also without issue , the matter came in deliberation again , Whether Don Alonso the Chaste , that lived hidden in a Monasterie , should be admitted again , or rather his Cozen German Don Vermudo , Son to his Uncle the Prince Vimerano , ( whom his Father had slain ) The Realm determined Don * Vermudo , though he were much farther off by Propinquity of Blood ; for that he was judged for the more valiant and able Prince , than the other , who seemed to be made more acquainted with the life of Monks , than of a King : Neither do the Historiographers of Spain reprehend this Fact of the Realm . But King Vermudo , after three years Reign , being weary of a Kingly life , and feeling some scruple of Conscience that he had forsaken the life Ecclesiastical , he Resigned willingly the Government unto his said Cozen Don Alonso the Chast , who after all his affliction , having been deprived four times , Reigned yet 51. years , and proved the most valiant and excellent King that ever that Nation had , both for his valor and other vertuous deeds ; and had great friendship with King Charles the Great of France , who lived in that time . Don Fruela , to the prejudice of Don Ordonio's Children . Don Ordonio the Second dying , left four Sons and one Daughter , and yet the State of Spain displaced them all , and gave their Kingdom to their Uncle Don Fruela , second Brother to their Father ; And Morales saith , That there appeareth no other reason hereof , but only for that these Sons of the King deceased were yong , and not so apt to Govern well the Realm as their Uncle was , [ And this notwithstanding that the said Morales writeth , That at that time and before , the Law of Succession by Propinquitie of Blood , was so strongly confirmed , that the Kingdom of Spain was made an inheritance so intayled and tyed only to the next in Blood as there was no possibility to alter the same . ] Don Alonso 4th . Son to Ordonio , to the prejudice of Don Fruela his Children : And Don Ramiro , to the prejudice of the Children of Don Alonso . And after a years Reign , this King Fruela being dead , and having left divers Children at mans state , they were all put by the Crown , and the eldest Son of the aforesaid Don Ordonio the second , named Don Alonso the fourth , was chosen for King : Who leaving afterward his Kingdom , and betaking himself to a Religious habit , offered to the Common-wealth of Spain his eldest Son , named Don Ordonio , to be their King ; but they refused him , and took his Brother , Uncle to the yong Prince , named Don Ramiro , who reigned 19. years , and was a most excellent King , and gained Madrid from the Moors . Don Sancho el Gordo , to the prejudice of the yong Son of Ordonio the Third . To Ramiro the second , succeeded his elder Son Don Ordonio the third , who after 7. years reign , albeit he left a Son named , el Enfante Don Vermudo , yet he was not admitted ; but his Brother Don Sancho 1. sirnamed el Gordo , Uncle to the yong Prince : And the reason of this Alteration Morales giveth , First that the said Enfante was a little Child , and not sufficient for Government , and defence of the Country . But yet after Don Sancho had reigned , and his Son Don Ramiro the third , after him ; he was called and made King by the Realm under the name of Vermudo 2. who left after him Don Alonso 5. and he again his Son Don Vermudo 3. who Marrying his Sister Dona Sancha ( that was his Heir ) unto Don Ferinando , first Earle and then King of Castile , ( who was second Son to Don Sancho * Mayor King of Navar ) he joyned by these means the Kingdoms of Leon and Castile together , which were separated before : And so ended the Line of Don Pelago , and entered the Blood of Navar . The Third Race . Dona Berenguela , to the prejudice of her elder Sister Dona Blancha , and her Son St. Lewis of France . For the Third Race . Prince Lewis of France , who afterwards was King Lewis 8. Son to Philip Augustus having married Dona Blancha of Spain , that was Neece to King John of England by her Mother-side ; [ upon these Conditions on the part of King John , thereby to make Peace with the French , that she should have for her Dowry all those Towns and Countries which the said King Philip had taken upon the English in Normandie and Gasconie ; And on the part of Spain , That if the Prince Henry , ( only Brother to the said Lady Blanch ) should die without issue , then she should Succeed in the Crown of Spain ] got Lewis 9. by her : And yet Prince Henry her Brother dying without issue , both she and her Son were put by , and excluded by the State of Spain , against the evident Right of succession , and Propinquitie of Blood ; And her yonger Sister * Dona Berenguela was admitted . And the only Reason they yielded thereof , was , not to admit Strangers to the Crown . Don Sancho el Bravo , to the prejudice of his Nephews Don Alonso , and Hernando de la Cerda . The Prince of Spain * Don Alonso , Nephew to St. Fernando , dying before the King his Father , left two * Sons , Don Alonso , and Hernando de la Cerda , whom the Grand-father left Commended to the Realm , as lawful Heirs apparent to the Crown : Yet for that one Uncle of theirs , yonger Brother to their Father , named Don Sancho el * Bravo was like to manage the matters of War better than they ; he was , by a general Parlament , Holden at Segovia , 1276. made Heir apparent of Spain , and they put back , in their Grand-father's time , and by his , and the Realms consent . And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison , but afterwards at the suit of Philip 3. of France , their Uncle , they were let out , and endued with certain Lands , and also they remain unto this day : And of these do come the Dukes of Medina , Celi , and all the rest of the House of Cerda , which are of much Nobilitie in Spain at this time ; and King Philip that Reigneth , cometh of Don Sancho , the yonger Brother . Henry the Bastard , and his Race , to the prejudice of King Petro , and his Heirs . When Don Pedro the Cruel , King of Castile , was driven and his Bastard Brother Henry 2. set up in his place , John of Gant , Duke of Lancaster , having Married Dona Constancia , the said King Peter's Daughter and Heir , pretended by succession the said Crown of Castile , as indeed it appertained unto him ; But yet the State of Spain denied it flatly , and defended it by Arms , and prevailed against John of Gand , as did also the Race of Henry the Bastard against his lawful Brother . And though in this Third and principal Discent of the Kings of Spain , when these Changes happened , the matter of Succession were most assuredly and perfectly established , yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day , be true and lawful Kings . This King Henry the Bastard had a Son named John the first , who succeeded him in the Crown of Spain , and Married Dona Beatrix , Daughter and Heir of King Ferdinando the first of Portugal . But yet after the death of the said Ferdinando , the States of Portugal would never agree to admit the said Juan for their King , for not subjecting themselves by that means to the Castilians : And took rather a Bastard Brother of the said Don Ferdinando , named Don Juan , a youth of twenty years old ; whom they Married afterward to the Lady Philippe , Daughter of John of Gand , by his first Wife Blancha , Duchess and Heir of Lancaster , in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster . Divers other Examples out of the States of France , and England , for proof that the next in Blood are somtimes put back from succession ; And how God hath approved the same with good success . CAP. VIII . Though the Crown of France never come to any Stranger ; yet it Changed twice in it self , and had Three Rancks . COncerning the State of France , albeit since the entrance of their first King Pharamond , they have never had any stranger come to wear their Crown ; yet among themselves have they changed twice their whole Lineage of Kings , and have had three Discents and Races as well as the Spaniards ; The first of Pharamond , the second of Pepin , and the third of Capitus , which endureth unto this present . The First Ranck . The First Ranck shall be let pass , for that some perhaps may say that the Common-wealth and Law of Succession was not then so well setled , as it hath been since , and also because it were too tedious to peruse all the Three Rancks , for the store that they may yield . Examples of the second Ranck . Carloman against the Law of Succession , and the Order of his Father , parted equally the Realm with his elder Brother Charles . Pepin le Bref , first King of the second Race , left two Sons , Charles and Carloman , and his States and Kingdoms by Succession unto the eldest ; Charles the Great . And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone ; yet the Realm by his authoritie did part it equally between them two ; as Gerard du Haillan setteth down in these words , Estant Pepin decedé , les François eslurent Roy , Charles & Carloman ses fils , à la charge qu'ils partagerrient entr'evor egalement le Roy . And the very same citeth Belforest out of Egenart , an ancient French Writer . Charlemayne preferred to his nephews against succession . After three years reign Carloman dying , left many sons ; the elder whereof was named Adalgise ; but Belforest saith , That the Lords Ecclesiastical and temporal of France swore fidelitie and obedience to Charles , without any respect or regard at all of the children of Carloman , who yet by right of succession should have been preferred ; And Paulus Emilius a Latine-writer saith , Proceres regni ad Carolum ultrà venientes , regem eum totius Galliae salutârunt : whereby is shewed , that exclusion of the children of Carloman was not by force or tyrannie , but by free deliberation of the Realm . Lewis 1. deposed Charles le Chauve , his fourth son admitted to the prejudice of his elder brothers . To Charles the Great succeeded Lewis le Debonnaire his only son ; who afterward , at the pursuit principally of his own three sons by his first wife , ( Lothaire , Pepin and Lewis ) was deposed , and put into a Monasterie . But coming afterward to reign again , his fourth son by his second wife , named , Charles le Chauve , succeeded him , against the right of succession due to his elder brother Lothaire . Louys 2. to the prejudice of his elder brethren ; and his bastards to the prejudice of his lawful sons . After Charles le Chauve came in Louis le Begue , his third son , the second beeing dead . and the eldest for his evil demeanure put by his succession . This Lewis left by his wife Adel trude daughter to King Alfred of England , a little infant newly born ; and two bastard-sons of a Concubine , Louys * and Carloman ; who , for that the nobles of France said , That they had need of a man to bee King , and not a childe , were , to the prejudice of the lawful successor , by the State chosen jointly for Kings , and the whole Realm was divided between them . And Q. Adeltrude with her childe fled into England , Charles 4. to the prejudice of Louys 5. And Odo to the prejudice of Charles 4. Of these two Bastards , Carloman left a son , Louis le Faineant , which succeded unto him ; But for his slothful life and vicious behaviour was deprived , and made a Monk in the Abbey of St Denis , where hee died . And in his place was chosen for King of France Charles le * Gros , Emperor of Rome , who likewise afterward was for his evil government by them deposed , and deprived not onely of the Kingdom , but also of his Empire , and was brought into such miserable penurie , as divers write hee perished for want . In his place was chosen Odo Earl of Paris , and Duke of Angers , of whom came Hugh Capet . Charles the simple to the prejudice of Odo . But beeing soon wearie of this man's government , they deposed him as hee was absent in Gasconie , and called Charles * ( named afterward the Simple ) out of England to Paris , and restored him to the Kingdom of France ; leaving onely to Odo for recompence the State of Aquitaine , with title of a Duke . Ralph 1. in the place of Charles the simple . This Charles through his simplicitie beeing allured to go to the Castle of Peronne in Picardie , was made there prisoner , and forced to resign his Kingdom unto Ralph King of Burgundie . And his Queen Algina , or Ogen , daughter of King Edward the elder , of England , fled with her little son Lewis that shee had by him , into England unto her Uncle K. Adelstan . And Charles through miserie died soon after , in the said Castle of Peronne . Lewis d'Outremer son to Charles the Simple established . But this Ralph dying also three years after , the States of France called out of England Lewis ( therefore named d'Outremor ) , and crowned him ; And hee was a good King , and reigned 27 years . Hugh Capet to the prejudice of Charles of Lorrayne . Louys d'Outremer left two sons , Lothaire , who succeeded him , and Charles whom hee made Duke of Lorrayne : Lothaire had a son named Louys , who was King after him , but died without issue . And so the crown was to have gon by succession to his Uncle Charles . Notwithstanding the States of France , for mislike they had of his person did put him by , and chose * Hugo Capetus Earl of Paris , who by approbation of the Common-wealth was crowned , and his race endureth until this day . Hugh Capet his title not by usurpation . And all the French Chronicles do justifie this title of Hugo Capetus against Charles . Nangis an ancient and diligent writer of the Abbey of S. Denis , defendeth it in these words : Wee may not grant in any case that Hugh Capet may bee esteemed an Invador or Usurper of the Crown of France , seeing the Lords , Prelates , Princes and Governors of the Realm did call him to this dignitie , and chose him for their King and Sovereign Lord . Upon which words Belforest saith : For in very truth wee cannot by any other means defend the title of Hugh Capet from usurpation and felonie , then to justifie his coming to the Crown by the consent and will of the Common-wealth . A speech used by the Ambassador sent from the States of France to Charles of Lorrayne , after his exclusion . Here is to bee noted somwhat out of the speech , which the Ambassador sent by the States of France , after their election of Hugh Capet , to Charles of Lorrayne , did use unto him as followeth : Every man knoweth ( Lord Charles ) that the Succession of the Crown and Realm of France , according to the ordinarie Laws and Rights of the same , belongeth unto you , and not unto Hugh Capet now our King ; but yet the very same Laws which do give unto you this right of Succession , do judg you also unworthie of the same , for that you have not endeavored hitherto to frame your life and manners according to the prescript of those Laws , nor according to the use and custom of your Countrey of France ; but rather have allied your self with the Germane Nation , our old enemies , and have acquainted your self with their vile and base manners . Wherefore seeing you have forsaken and abandoned the ancient virtue , sweetness and amitie of the French , wee have also abandoned and left you ; and have chosen Hugh Capet for our king , and have put you back ; and this without any scruple or prejudice of our consciences at all ; esteeming it far better and more just to live under Hugh Capet the present possessor of the Crown , with enjoying the antient use of our Laws , Customs , Privileges and Liberties , than under you , the inheritor by nearness of blood , in oppression , strange customs , and crueltie . For even as those which are to make a voiage in a ship upon a dangerous sea , do not so much repent , whether the Pilot which is to guide the stern bee owner of the ship or no , but rather whether hee bee skilful , valiant , and like to bring them in safetie to their way's end , or to drown them among the waves : even so our principal care is , that wee have a good Prince to lead and guide us happily in the way of Civil and politick life , which is the end why Princes were appointed . For that this man is fitter to bee our King . And so Charles was excluded , and the Frenchmen thought themselvs secure in conscience for doing the same ; which God also hath seemed to confirm with the succession and happie success of so many noble and most Christian Kings as have issued out of this Line of Hugo Capetus unto this day . Examples of the Third Rank . Henry 1. to the prejudice of his elder Brother Robert . In this Third Line , Robert , Hugh ▪ Capet his son , who succeeded him , had two sons , Robert and Henry ; whereof the younger was admitted , and Robert put back ; partly becaus hee was but a simple man in respect of Henry , and partly for that Henry was greatly favored and assisted in this pretence by Robert Duke of Normandie . Lewis 6. like to bee dis-inherited for the hatred of his father K. Philip 1. When Philip 1. son to this Henry was deceased , the people of France were so offended with his evil life and Government , as that his son Louis le Gros was like to bee dis-inherited for his sake ; if som of his partie had not caused him to bee crowned in hast , and out of order at Orleans , for preventing the matter . Charles 8. for his father Lewis xi . So the State of France had once determined , to put back Charles ( afterwards the Eight ) from his succession , for the hatred they bare to his father Lewis the XI . if the said father had not died while the other was very young . Examples of England . Divers changes of Races in England . For England , it hath had as great varietie and changes in the race of their Kings , as any Realm in the world . For first , after the Britains it had the Romans ; of whose , and their own blood , they had Kings again of their own : After this they had them of the Saxon and English blood ; and after them of the Danes ; and then of the Normans ; and after them again of the French ; and last of all , it seemeth to have returned to the Britains again in K. Henry 7. for that his father came of that race . Examples before the Conquest . Egbert 1. before his nearer in blood . To pass over the ancient ranks of the British , Roman and Saxon races , until Egbert King of the West-Saxons , and almost of the rest of England besides ( who therefore is said to bee properly the first monarch of the Saxon blood , and first commanded that Realm to bee called England , as ever since hath been observed ) this man Egbert beeing for his prowess in jealousie to his King Britricus , was by him banished into France , where he lived a Captain under the famous King Pepin , till that Britricus dying , hee returned into England ; where , though hee were not the next by propinquitie of blood , yet , as Polydor saieth , omnium consensu Rex creatur ; and proved the most excellent King that ever before the Saxons had . Adelstan , bastard-brother , to the prejudice of his his lawful Edmond , and Aldred . This Egbert left a son , named Elthelwolfe , or Adelwulfe , or Edolf , who succeeded him ; and had four sons , Ethelbald , Ethelbert , Ethelred , and Alfred ; who were all Kings one after another ; and for the most part most excellent Princes , specially Alfred the last of all , whose acts bee wonderful : Hee left a son as famous as himself , which was Edward the elder : who dying , left two lawful sons , Edmond and Aldred , and one illegitimate , named Adelstan ; which being esteemed to bee of more valor then the other two , was preferred to the Crown before them ; and was a Prince of worthie memorie . Hee brought England into one perfit Monarchie , having expelled utterly the Danes , and quieted the Welchmen : Conquered Scotland , and brought their K. Constantine to do him homage . Restored also Luys d'Outremer his nephew to the kingdom of France . Aldred to the prejudice of his Nephews Edwin and Edgar . This Adelstan dying without issue , his lawful brother Edmond was admitted , who left two sons Edwin and Edgar ; but for that they were yong , they were put back , and their Uncle Aldred preferred , who reigned with the good will and prais of all men . Edgar to the prejudice of his elder brother Edwin . Aldred dying without issue , his elder Nephew Edwin was admitted to the Crown ; but yet four years after hee was deposed again for his leud and vitious life , and his younger brother Edgar admitted in his place , who was one of the rarest Princes that the world had in his time . Stow saith hee kept 3600 ships in this Realm . Canutus Dane , to the prejudice of Edmond and Edward , Englishmen . This Edgar had by his first Wife ( Egilfred ) Edward , called the Martyr ; and by his second ( Alfred ) Etheldred : Which Alfred , to the end that her Son might Reign , caused Edward to be slain ; and so Etheldred came to the Crown , though with much contradiction moved in hatred specially of the murther of his Brother . This Etheldred was driven out of this Kingdom by Sweno King of the Danes , who possessed the Realm ; and dying left a Son , Canutus ; with whom , Etheldred returning after the death of Sweno , made an Agreement and Division of the Realm ; And so died , leaving his eldest * Son Edmund Iron-side to succeed him ; who soon after dying also , left two Sons , Edmund and Edward , but the whole Realm to Canutus , who pretended it to be his by a Covenant made between Iron-side and him , That the longest liver should have all : and so with the Realm took the two Children , and sent them over into Swethland . And was admitted not only by the consent of the Realm , but allowed also by the Sea of Rome . And he lived and proved an excellent good King , and after twenty years Reign died much mourned by the Englishmen . Harald Bastard , preferred to his lawful Brother Hardicanutus . This Canutus left a base Son , named Harald , and a lawful one , named Hardicanutus . But Harald was by the more part of Voices chosen before his lawful Brother . Hardicanutus preferred before his neerer in Blood . After the death of Harald , Hardicarnutus was chosen , without any respect , either to Edward the Confessor & Alured , Sons to Etheldred , that were in Normandy ; or to Edmond and Edward , Sons to his Son Iron-side , that were in Sweathland , though in proximitie of Blood they were before him . Alured and Edward the Confessor , before Edmond and Edward , their eldest Brother's Sons . But this Hardicanutus dying without issue , Alured second son to Etheldred by his second Wife , against the priority both of his Brother , and his Nephews , that were in Swethland , was called to be King ; but being murthered by the way by Goodwin the Earl of Kent , his elder brother Edward the Confessor was admitted yet before Edmond and Edward sons to his elder brother Iron-side ; And the said Edward the Confessor was a most excellent Prince , and Reigned in Peace , almost twenty years . Harald 2. to the prejudice of Edgar . Edward being dead without issue , The States made a great Consultation , whom they should make King ; and first of all excluded him that was only next by Propinquitie of blood , which was Edgar , eldest son to Edward the Out-law , son to Edmond Iron-side , because he was a Child , not able to Govern the Realm ; And Harald , son to the Earle Goodwin by the Daughter of Canutus , was admitted . William Duke of Normandie , his Title by Election . But William Duke of Normandie pretended to be chosen before by * Edward the Confessor with the consent of the Realm ; which , though no English Authors do avow it cleerly , seemeth notwithstanding very probable : Because the said William had at his Entrance many in England that did favor his pretence ; and that , as Gerard saith , At his coming to London he punished divers by name , for that they had broken their Oaths and Promises in that behalf : Moreover , by alleging his Title of Election , he moved divers Princes abroad to favor him in that action as in a just quarrel ; which it is not like they should have done , if he had pretended only a Conquest , or his Title of Consanguinity , which could be of no importance in the world . Among others , Pope Alexander 2. ( whose Holiness was greatly esteemed in those dayes ) did send him his Benediction , and a precious Ring of Gold , with a Hallowed Banner . St. Anthoninus Archbishop of Florence commended his enterprise . But howsoever he got the Victory , and God prospered his Pretence , and hath confirmed his off-spring in the Crown more than these Five hundred years . Examples after the Conquest . William Rufus and Henry 1. to the prejudice of their elder brother Robert . William the Conqueror left three sons , Robert , William and Henry , and by his Will the Kingdom to William , named Rufus , forsom particular displeasure against his elder son ; who being at his fathers death absent in the war of Jerusalem , was put back , although the most part of the Realm was inclined unto him ; and William Rufus , by the persuasion of Lanfrake Archbishop of Canterbury , was established in the Crown : And hee dying without issue , his younger brother Henry , against the right also of his elder brother Robert , absent again in the war of Jerusalem , did by fair promises to the people , and the help of Henry Newborow Earl of Warwick , and Maurice Bishop of London , get the Crown ; wherein God did so prosper him , that his said brother Robert coming afterwards to depose him of it , hee took him prisoner , and kept the Crown . King Stephen preferred to Henry 2. his nearer in blood , and Henry again to Stephen his issue . This King Henry left a daughter , which had of Jeffrey Plantagenet Duke of Anera a son named Henry , whom Henry his Grandfather caused to bee declared Heir apparent in his daies . But yet after his deceas , becaus Prince Henry was but a childe ; the State of England did choos Stephen Earl of Boulongue , and son to Adela , the Conqueror's daughter , putting back both Henry and his Mother . But again for that this Reign drew all England into factions and divisions ; the States in a Parlament at Wallingford made an agreement that Stephen should bee lawful during his life onely , and that Henry and his off spring should succeed him ; and Prince William , King Stephen's son , was deprived , and made onely Earl of Norfolke . King John to the prejudice of his Nephew Arthur . This Henry 2 left Richard , Jeffrey and John : Richard , sirnamed Coeur de Lyon , succeeded him ; and dying without issue , * John was admitted by the States , and Arthur Duke of Britaine , son and heir to Jeffrey , * excluded , who coming afterward to get the Crown by war , was taken by his Uncle John , who murthered him in prison . Louys Prince of France to the prejudice of King John , and King John's son afterward to the prejudice again of Louys . But som years after , the Barons and States of England misliking the government of this King John , rejected him again , and chose Louys the Prince of France to bee their King , and did swear fealtie to him in London : depriving also the young Prince Henry John's son , of 8 years old ; but upon the death of King John , that ensued shortly after , they recalled again that sentence , disannulled the Oath and Allegiance made unto Louys Prince of France , and admitted this Henry * to the Crown , who reigned 53 years . The Princes of York and Lancaster had their best Titles of the autoritie of the Common-wealth . From this Henry 3. take their first begining the two branches of York and Lancaster . In whose contentions the best of their titles did depend upon the autoritie of the Common-wealth . For as the people were affected , and the greatest part prevailed , so were they confirmed or disannulled by Parlament . And wee may not well affirm , but that when they are in possession , and confirmed therein by these Parlaments , they are lawful Kings , and that God concurreth with them ; For if wee should deny this point , wee should shake the states of most Princes in the world at this day . The Common-wealth may dispose of the Crown for her own good . And so to conclude , As propinquitie of blood is a great preheminencie towards the atteining of the Crown , so doth it not ever binde the Common-wealth to yield thereunto , and to shut up her eies , or admit at hap-hazard , or of necessitie , any one that is next by succession ; but rather to take such an one , as may perform the dutie and charge committed . For that otherwise to admit him that is an enemie , or unfit , is but to destroy the Common-wealth and him together . What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed ; wherein is handled largely also of the diversitie of Religions , and other such causes . CAP. IX . Seeing the Common-wealth is to know and judg of the matter , no doubt but God doth allow of her judgment . HEe who is to judg and give the sentence in the things , is also to judg of the caus ; for thereof is hee called Judg : So , if the Common-wealth hath power to admit or put back the Prince or pretender to the Crown , shee hath also autoritie to judg of the lawfulness of the causes , considering specially that it is in their own affair ; and and in a matter that depend's wholly upon them , for that no man is King or Prince by institution of Nature , but only by authoritie of the Common-wealth . Who can then affirm the contrary but that God doth allow for a just and sufficient cause in this behalf , the only Will and Judgment of the Weal-publick it self ; supposing alwaies that a whole Realm will never agree , by orderly way of Judgement , to exclude the next Heir in Blood without a reasonable Cause in the sight and censure . The Pope is to obey the Determination of the Common-wealth , without further inquisition ; except it be in Cases of injustice , and Tyranny . And seeing that they only are the Judges of this Case , and are properly Lords and Owners of the whole business , we are to presume that what they Determine is just and lawful , though at one time they should Determine one thing , and the contrary at another ( as they did often in England , being led at different times by different motions ) and it is enough for every particular man to subject himself , and obey simply their Determination , without further inquisition ; except he should see that Open Injustice were done therein , or God manifestly offended , and the Realm endangered . Open Injustice ; if not the true Common-wealth , but some Faction of wicked men should offer to Determine the matter without lawful authoritie . God offended , and the Realm endangered ; where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory , and of the Common-wealth ; as if a Turke , or some notorious wicked man and Tyrant , should be offred to Govern among Christians . Whence the Reasons of Admitting or Receiving a Prince , are to be taken . Now to know the true Causes and principal Points , which ought to be chiefly regarded , as well by the Common-wealth , as by every particular man in the furthering or hindering any Prince ; we must return to the End wherefore Government was appointed ; which is to defend , preserve , and benefit the Common-wealth ; because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince . For that whosoever is most likely to defend &c. his Realm and Subjects , he is most to be allowed and desired , as most conform to the end for which Government was ordained . And on the contrary side , he that is least like to do this , deserveth least to be preferred : And this is the Consideration that divers Common-wealths had in putting back oftentimes Children and impotent People ( though next in blood ) from succession . Three Chief Points to be regarded in every Prince . And here shall be fitly remembred what Gerard recounteth of the King of France ; that in his Coronation he is new apparrelled three times in one day ; once as a Priest , and then as a Judge , and last as a King armed ; thereby to signifie three things committed to his charge ; first Religion , then Justice , then Manhood and Chivalrie ; which division seemeth very good and fit , and to comprehend all that a Weal-Publick hath need of for her happie State and Felicity both in soul and bodie , and for her end both supernatural and natural . And therefore these seem to be the three Points which most are to be regarded in every Prince . Why it is here principally treated of Religion . For the latter two , because they have been often had in Consideration in the Changes aforesaid ; and Religion , whereof then scarce ever any question or doubt did fall in these actions , rarely or never : And because in these our dayes it is the principal Difference and chiefest Difficultie of all other ; and that also it is of it self the first and highest , and most necessarie Point to be considered in the Admission of a Prince ; therefore it shall principally be treated of in this place . The Felicitie of the Soul , is the chiefest End appointed to every Common-wealth . First we are to suppose , That the first and chiefest End that God and Nature appointed to every Common-wealth , was not so much the temporal Felicitie of the Body , as the everlasting of the Soul : And consequently that all other things of this transitory life are ordained to serve and be directed to that higher End . And this was not only revealed to the Jewes by holy Scripture ; but also unto the Gentiles and Heathens by the instinct and light of Nature it self . What End Pagan Philosophers and Law-makers had in their doings . For there was never yet Pagan Philosopher that wrote of framing a good Common-wealth , neither Law-maker among them that left Ordinances for the same purpose ; Which besides the temporal end of directing things for the bodie , had not special care also of matters appertaining to the minde ; to wit , of nourishing and rewarding virtue ▪ and for restraining and punishing of vice and wickedness . Institution of Sacrifices by Nature . Examples of Noah , and Job . And Nature did not only teach man that he should serve God ; but also how he should serve him : to wit , That the chiefest and supremest honor that could be done unto him in this life , was the honor of Sacrifice and Oblations ; which we see was practiced even in those first beginnings of the Law of Nature , before the Levitical Law . For so we read in Genesis of Noah , That he made an Altar and offered Sacrifices to God upon the same , of all the Beasts and Birds that he had in the Ark , Odoratúsque est Dominus odorem suavitatis . And the like of Job that was a Gentile , and lived before Moses , Sanctificabat filios , consurgénsque diluculo offerebat holocausta per dies singulos . Example of the Indians . Religion the chief End of a Common-wealth and Magistrates . Among the Indians also , where never any notice of Moses Law came , there was never any Nation sound that acknowledged not some kind of God , and offered not some kinde of Sacrifice unto him . And though both in distinguishing between false gods and the true God , and in the means of honoring him , they have fallen into most gross and infinite errors : as also the Gentiles of Europe , Asia , and Africa ; yet it is evident hereby that by God and Nature the highest and chiefest End of a Common-wealth is Cultus Dei . And consequently that the principal care and charge of a Prince and Magistrate even by Nature it self , is to look thereunto . As among the Antients , both Jews and Gentiles , their Kings and chief Magistrates , for many ages , were also Princes ; And divers learned men do hold that the Privilege and preeminence of Primogeniture , consisted principally in this , That the eldest Sons were Priests . The same proved by Authorities . Nulla est gens , saith Cicero , tam fera , nulla tam immanis , cujus mentem non imbuerit deorum colendorum Religio . And Plutarch writing against a certain Atheist of his time , saith thus , If you travel far Countries , you may chance to finde some Cities without Learning , without Kings , without Riches , without Money ; But a Citie without Temples , and without gods and Sacrifices , no man yet hath ever seen . And finally , Aristotle having numbred divers things necessary to a Common-wealth , addeth these words , Quintum & Primum . Circa rem Divinam cultus , quod sacerdotium Sacrificiúmque vocant . The absurd Atheism of our time in Politicks . And therefore we see how false and impious is the opinion of divers Atheists of our time , who affirm , That Religion ought not to be so greatly respected in a Prince , as though it were his chiefest care , or the matter of most importance in his Government : False and impious opinion , specially among Christians , who have so much the greater obligation to take to heart this matter of Religion , by how much greater light and knowledge they have of God . And for this cause also in all the Princes Oaths taken at their Admission ( as before hath been * recited ) the first and principal point of all other is about Religion and maintenance thereof ; not only by themselves , but also by their Lievtenants , &c. The Oath given by the Emperor Justinian , to all his Governors to take at their Reception . And the Civil Law yieldeth a very solemn Form of an Oath which the Emperor Justinian was wont to give to all his Governors , &c. of Countries , &c. before they could be admitted to their Charges : which is as followeth , Juro per Deum omnipotentem & filium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum Sanctum ; & per Sanctam gloriosam Dei genitricem & semper-virginem Mariam , & per quatuor Evangelia quae in manibus meos teneo , & per Sanctos Archangelos Michaëlem & Gabriëlem , puram conscientiam , germanúmque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae conjugi ejus , occasione traditae mihi ab eorum pietate administrationis . Et quod communicator sum sanctissimae Dei Catholicae & Apostolicae Ecclesiae , & nullo modo vel tempore adversabor ei , nec alium quocunque permittam quantum possibilitatem habeam : Et si verò non haec omnia servàvero , recipiam omnia incommoda hìc & in futuro seculo in terribili judicio magni Domini Dei & salvatoris nostris Jesu Christi , & habebo partem cum Juda , & cum lepra Geizi , & cum tremore Cain , in & super poenis quae lege eorum pietatis continentur , ero Subjectus . Why Princes should be endued with Religion . This Oath did all the Governors of Christian Countries take in old time : By which Oath , and the other Oaths which Emperors and Kings did make themselves at their admission about this point ; we may see that it is their chiefest and highest end , and office , to assist their Subjects to the attaining of their supernatural end , by knowing and serving God in this life ; For that otherwise God should draw no other fruit or commodity out of humane Common-wealths , than of an assembly of brutish creatures . He that wanteth it , is guilty of high Treason against God . And therefore whatsoever Prince or Magistrate doth not help his Subjects to this end , omitteth the first and principal part of his charge , and committeth high Treason against his Lord and Master , in whose place he is ; and consequently is not fit for that place and dignitie , though he should perform the other two parts of Justice and Valor never so well . Lack of Religion the chiefest Cause and justest to exclude a Prince . Whereof it ensueth , That nothing in the world can so justly exclude an Heir apparent from his Succession , as want of Religion ; nor any cause whatsoever justifie and clear the conscience of the Common-wealth , or of particular men , that in this cause should resist his entrance , as if they judge him faultie in this point . If a Marriage may be dissolved , much more a bare Betrothing , such as is between an Heir apparent and a Common-wealth . St. Paul determineth plainly , That if two Gentiles married together in their Gentilitie ( which none denieth to be true marriage , for so much as concerneth the Civil Contract ) and afterward the one of them being made a Christian , the other would not live with his partie , or if he do , yet not without blaspheming of God , and tempting him to sin ; In this case he teacheth , That it is sufficient to break and dissolve utterly this heathen marriage ; and that the Christian may marrie again ; and this only for the want of Religion in the other party : Which being so in actual marriage already made & consummate ; how much more may it serve to undo a bare betrothing , which is the case of a Pretender only to a Crown , as before hath been shewed . Whether Difference in Religion be Infidelitie . But some may say that St. Paul speaketh of an Infidel or Heathen , that denieth Christ plainly ; which is not the case of a Christian Prince , though he be somwhat different in Religion . To which is answered , That supposing there is but one only Religion that can be true among Christians , as both Reason and Athanasius his Creed doth plainly teach us ; and moreover seeing , that to me there can be no other Faith or Religion available for my salvation , than only that which I my self do believe , for that mine own Conscience must testifie for me , or against me : certain it is , that unto me and my Conscience he which in any Point believeth otherwise than I do , and standeth wilfully in the same , is an Infidel ; for that he believeth not that which in my Faith and Conscience is the only and sole truth , whereby he must be saved . And so long as I have this opinion of him , albeit his Religion were never so true , I shall do against my Conscience , and sin damnably in the sight of God , to prefer him to a Charge , where he may draw many other to his own Errors and Perdition , wherein I do perswade my self that he remaineth . How he that doth against his Conscience sinneth . And this Point is founded upon that which St. Paul saith against such Christians , as being invited to the Banquets of the Gentiles , did eat the meats offered to Idols , ( which themselves do judge to be unlawful to eat ) which he saith was a damnable sin ; not for that the thing in it self was unlawful , but for that they did judge it so , and yet did the contrary ; And the reason he yieldeth presently , Quia non ex fide ; omne autem quod non est ex fide est peccatum : Doing a thing ( though in it self indifferent ) against their own Conscience , which must be their witness at the latter day . How dangerous a sin , to favor a Pretender of a contrary Religion . Now to apply this to the matter of England , I affirm and hold , That for any man to give his Help or Consent towards the making of a King , whom he judgeth or believeth to be faultie in Religion , how good or bad soever he be , or of what side soever the truth be , it is a most grievous and damnable sin . And is guilty of all the evils , miseries , and calamities which may ensue by his Government , whether they do so or no ; Because knowing in his belief that he is like or in disposition to bring all those evils : yet he doth further , or not resist him . How far it is also against Wisdom and Policie to prefer a Prince of a contrary Religion . Moreover , besides the matter of Conscience , It cannot in Policie , but be great folly and over-sight for a man to promote to a Kingdom , wherein himself must live , one of a contrary Religion to himself : For let the bargains , agreements , and promises be never so great , yet seeing the Prince once settled , must needs proceed according to the principles of his own Religion : it followeth also that he must come quickly to break with the other Partie : And so many Jealousies , Suspitions , Accusations , &c. will light upon him , as not only he shall not be capable of such Preferments , Honors , and Charges , which men may deserve and desire in their Common-wealths ; but also he shall be in continual danger , and subject to a thousand molestations and injuries : and so , before he beware , will become to be accompted an enemy , or backward man : Which to remedy , he must either dissemble deeply , and against his own Conscience make shew to favor and set forward that which in his heart he doth detest ( which is the greatest calamity and miserie of all other ) or else to avoid this everlasting perdition , he must break with all the temporal commodities of this life , and leave the benefits which his Country might yield him : And this is the ordinary end of all such men , how soft and sweet soëver the beginnings be . The Conclusion of the whole Speech . That the next Heir after the Queen , must needs be verie Doubtful . And therefore to conclude all this Speech , Seeing there be so great inconveniencies and dangers , in respect both of God and man , body and Soul , to advance to the Crown a Prince of contrary Religion ; And considering that in England there is so great diversitie of Religions , as the world knoweth , between these Parties and Factions that have to Pretend or admit the next Prince after Her Majestie that now is : Calling to mind also the great Libertie , Scope , and Authoritie which the Common-wealth hath to determine , even against the clear right of Succession : And laying finally before our eies the manifold and different Acts of Christian Realms , before mentioned , in this affair . It appeareth ( as it was propounded in the beginning ) That it is a very doubtful case who shall be the next Prince after the Queen : And much more , if above all this it be proved also , ( as it shall be in the Second Book ) that among such as do or may pretend of the Blood Royal at this day , their true Succession , and next Propinquitie by birth is also incertain and disputable . FINIS . CAP. I. BOOKS WRITTEN 1. BY one Hales , sirnamed Clubfoot , Clerk of the Hamp . in which the Lord Keeper Bacon was thought to have a hand ; and Sir William Cecil a privitie . 2. In favor of the Lady Katharine Gray , daughter of the Lady Frances , Dutchess of Suffolk , the daughter of Marie , yonger daughter of Henry 7. to prefer her before the Scot discended of Margaret the elder daughter . 3. Because he was a Stranger or Alien ; therefore not to inherit by Law . 4. Henry 8. had authority given him by two Parlaments of 28. and 36. to dispose of the Succession by his last Will ; and ordained , ( his own issue failing ) that the off-spring of Mary should be preferred before that of Margaret . 5. Against this one Morgan a Divine of Oxford ( with the advice of Judge Brown , as it was thought ) wrote , first to clear the Queen of Scots from her Husbands death : 2 handled her Title to our Crown : 3 against the Book of Knox , of the Monstrous Government of Women . 6. And John Leisley , Bishop of Ross in Scotland , confuteth the first point : 1 That the Statute that beareth the inheritance of Aliens ( made 25 Edw. 3. ) is only to be understood of particular men's inheritance : 2 There is express exception of the King's Children , and Off-spring , in the Statute : 3 The Practice both before and since the Conquest to the contrary . 7. The second : If Henry 8. made such a Testament , it could not hold in Law ; But that he made it not , besides many probabilities , the testimonies of the Lord Paget , Sir Edw. Montague , Lord Chief Justice ; and William Clark , who set the King's stamp to the Writing , avowed before the Council and Parlament in Queen Maries time , That the testament was signed after the King was past sens and memory . 8. Robert Heghington , Secretary to the Earle of North . writeth in favor of the King of Spain , as next Heir to the House of Lancaster . Another writeth in the behalf of the Dukes of Parma , as next Heir of Portugal ; another for the Infanta of Spain as the Heir of Brittanie . CAP. II. Of the Succession of the Crown from the Conquest , unto Edward the Third's time . The issue of VVilliam the Conquerer . WILLIAM the Conqueror had four Sons , and five Daughters . Sons , 1. Robert , Duke of Normandie : 2. Richard died in his youth : 3. William Rufus : 4. Henry the first . Daughters , 1. Sicilie , a Nun : 2. Constantia , wife of Alain Fergant , Duke of Britanie : 3 , Adela , or Alice , wife of Stephen , Earle of Bloys , &c. The other two died yong . Robert , Duke of Normandie . Robert of Normandie , and his Son William , were ruined by Henry 1. Robert pined away in the Castle of Cardiff ; William slain before Alost in Flanders , whereof he was Earl , by an arrow . Henry 1. Of all the Children of Henry 1. Mande first married to Henry 5. Emperor , had issue Henry 2. by Geoffrey Plantagenet , Duke of Anjou , &c. her second Husband ; he Reigned after King Stephen . The beginning of the House of Britanie . Constantia , the Conquerors second Daughter , had issue Conan 2. le Gros ; who had issue Hoel , and Bettha , wife of Eudo Earle of Porrhet in Normandie ( her Father made her his Heir on his death bed , disadvowing Howel ) she had issue Conan 3. He , Constantia wife to Geoffrey third Son to Henry 2. by whom she had Arthur , whom King John his Uncle put from the Crown of England , and murthered . After which Constantia married Guy Vicount of Touars , a Britan : and their issue have continued till this , in the infanta of Spain , and the Dutchess of Savoy her sister ; whose Mother was sister unto the last King of France . Anna the Heir of Britanie , had by Lewis the 12. of France , one Daughter , Claudia ; of whom and Francis the first , came Henry 2. whose Daughter was Mother to the Infanta , &c. King Stephen . Adela , or Alice , the Conquerors third Daughter , had issue Stephen Earle of Bouloyne , chosen King after Henry 1. before Mande his Daughter , because a Woman ; and before her Son Henry 2. because he was but a Child , and a degree further off from the Conqueros , but especially by force and friends ; whereby he prevented also the Duke of Britain , Son to his Mothers eldest sister . He had two sons , who left no issue ; and Mary , wife to the Earle of Flanders , whose right , if any , is discended to the Spaniard . Henry 2. his Sons . Henry 2. had issue by Eleonora , the Heir of Aquitaine , William , who died yong . Henry Crowned in his Fathers time , and died without issue : 3. Richard Coeur de Lyon , who died without issue : 4. Geoffrey who married Constance the Heir of Britain , as aforesaid : 5. John , the King , who had issue Henry the third . Henry 2. his Daughters . His Daughters were , 1. Eleonora married to Alphonso 9. of Castile : 2. to Alexis the Emperor : 3. to the Duke of Saxonie : 4. to the Earle of Tholouse . Eleonora had Henry of Castile , who died without issue ; and Blanche , married to Lewis of France , of the Race of Valois , whose issue continueth : and Berenguela married to the Prince of Leon ; whose Son Ferdinando , by the death of his Uncle Henry without issue was chosen King of Castile , before Saint Lewis the son of Blanche aforesaid , because a stranger . 16. The right which France had to Aquitain , Poictiers and Normandie , came to them by the aforesaid Blanche ; who was married thither , on condition to have for her dower all that John had lost in France , which was almost all hee had . Henry 3. his Issue . Henry 3. had Edward 1 ; hee Edw. 2. hee Edw. 3. and Edmund Crook-back Earl or Duke of Lancaster ; whose heir , Lady Blanch , married John of Gant the third son of Edw. 3. from whom came the hous of Lancaster . Also Beatrix married to John 2. Duke of Britain , from whom descended the Infantas Mother . That Edward Crook-back was not elder then Edward 1. Edward Crook-back was not Edw. 1. elder brother , and put by onely for his deformitie ; 2. hee was born 18 Junii , 1245 ; and Edward 16 Junii , 1239. ( Matth. West . who lived at the same time ; ) 2. hee was a wise Prince , and much imploied by his father and brother in their wars ; 3. his father advanced him in England , and would have made him King of Naples and Sicilie ; 4. having the charge of the Realm at his father's death , and his brother absent ; hee attempted no innovation ; nor hee , nor any of his children made any claim to the Crown after that ; 5. If hee had been elder , the title of Lancaster in John of Gant his Issue , whose mother was heir unto Edmund , had been without contradiction ; nor could the house of York have had any pretence of right . The Issue of Edward Crook-back . Henry the second , Earl of Lancaster and grand-childe to the aforesaid Edmund , was created Duke of Lancaster by Edward 3. Hee had but one childe , the Ladie Blanch , wife of John of Gant , by whom hee became also Duke of Lancaster . His three sisters were matched , one to the Lord Maubery , of whom the Howards of Norfolk ; Joane 2. Mary married to the Earl of Northumberland ; from whom the now-Earl : 3. Eleonor , married to the Earl of Arundel , of whom the late Earle descended . CAP. III. The Succession from Edward 3. The houses of Lancaster and York . Edward 3. his Issue . EDward the third had five sons ; 1. the Black Prince ( hee Richard second , in whom his line ceased ) 2 Lionel Duke of Clarence ; 3. John of Gant , Duke of Lancaster by his wife Blanche ; 4 Edward of Langley Duke of York ; 5. Thomas of Woodstock Duke of Glocester . The Title of the Hous of York . Lionel of Clarence had one onely daughter and heir , Philippe , married to Edmund Mortimer Earl of March ; they Roger ; hee Anne Mortimer , married to Richard Earl of Cambridg , second son of Edmund L. of York : His son Richard , by the death of his Uncle ( slain at Agincourt ) came to bee Duke of York ( his father of Cambridg , beeing executed for a Conspiracie against Henry 5. ) And was the first of the hous of York that challenged the Crown , and died in the quarrel : His son was Edward the 4. The Issue of the Duke of Glocester . Thomas of Woodstock had onely one childe , Anne , married to the Lord Stafford ; whose issue came after , in regard of this marriage ( for Thomas was Earl of Buckingham too ) to bee Duke of Buckingham , som of whose blood are yet in England . The Issue of John of Gant by his first Wife . John of Gant had three Wives ; 1 , Blanch the heir of Lancaster aforesaid , by whom hee had Henry 4. and Philippe , married to John King of Portingal ; from whom are lineally descended such as at this day claim interest in that Crown ; and Elisabeth , married to John Holland Duk of Exceter ; whose grand-childe Henry , left onely Anne , married to Sir Thomas Nevil Knight , from whom the Earl of Westmerland is lineally descended . By his second Wife . By his second , Ladie Constance , daughter of Peter King of Castile , hee had onely one daughter Katharine , married to Henry the third , King of Castile ; of whom the King of Spain that now is , is lineally desended . By his third Wife . Henry 7. his Title . His third , Katharine Swinford , daughter to a Knight of Henault ; and attending on his wife Blanch , hee used as his Concubine in his wife Constance's time , and begat of her three sons and one daughter ; and after married her to Swinford an English Knight ; who dead , and his wife Constance also , hee married her , Anno 1396 , and caused his said children by her to bee legitimated by Parlament , Anno 1397. Henry 7. his Title from Lancaster . His sons were , 1. John Duke of Somerset ; 2. Thomas Duke of Excester ; 3. Henry Bishop and Cardinal of Winchester : His daughter Jane married to the Earl of Westmerland . The Issues of all these were soon spent , except of John of Somerset , who had two sons , John and Edmund : John one onely daughter , Margaret , married to Edmund Tidder Earl of Richmond , by whom hee had Henry 7. Edmund and his three sons all died in the quarrel of the Hous of Lancaster without Issue . The line of Clarence , and Title of the Earl of Huntington . George Duke of Clarence , second brother of Edw. 4. had Issue Edw. Earl of Warwick , put to death by Henry 7. and Margaret Countess of Salisbury , married to Sir Richard Poole of Wales , by whom hee had Henry , Arthur , Geoffroy , and Reynald ( after Cardinal ) Henry Lo. of Montague ( put to death , with his mother , by H. 8. ) had Katharine married to the Earl of Huntington , they the now Earl , &c. and Wenefred married to Sir Tho. Barrington . Arthur , Marie , married to Sir John Stanny ; and Margaret to Sir Tho. Fitzherbert . Geoffrey , Geoffrey Poole ; hee Arthur and Geoffrey , which yet live in Italie . Henry 7. his Issue . The Title of Scotland , and of the Ladie Arbella . Henry 7. had by the eldest daughter of Edw. 4. ( for of all the other three remaineth no issue ) besides Hen. 8. Margaret , first married to the K. of Scots ; they James 5. who Mary , mother to the now King . After married to the Earl of Anguis ; they Margaret , married to the Earl of Lenox ; they Henry married to the last Queen , and murthered 1566. and Charles married to Elisa . Ca4dish , by whom the Ladie Arbella . The Title of the Lord Beacham , and his brother . Marie the second daughter , first married to Lewis 12. of France , without issue ; then to Charles Brandon Duke of Suffolk ; they Francis , married to Henry Gray Marquis Dorset , after Duke of Suffolk , beheaded by Q. Mary ; they Jane , married to Dudley , ( both beheaded ) Katharine , first married to the Earl of Pembroke ; and left by him to the Earl of Hartfort ( as themselves affirmed ) in the Tower : from whom descendeth the Lord Beacham , and Edward Seymer his brother . The Title of the Hous of Derbie . Eleonor second daughter to Ch. Brandon and the Queen of France , was married to Henry Clifford Earl of Cumberland : they had issue Margaret , married to Henry Earl of Derbie : who had issue the last and the now Earl . CAP. IV. The Controversie between the Houses of Lancaster and York . The Pretence of the Hous of York . BY Richard Duke of York , son of Richard Earl of Cambridg aforesaid , &c. That considering hee had by descent joined in him the right aswell of Lionel Duke of Clarence , second son to Edw. 3. as of Edward Duke of York , the fourth son of Edw. 3. hee was to bee preferred before the Hous of Lancaster , claiming onely from John of Gant the third son of Edward 3. Richard 2. Deposed . Edward 3. in his old age for the love hee bare to the black Prince , confirmed the Succession by Parlament to Richard 2. his son ; and caused the rest of his sons to swear thereunto . Richard 2. for his misgovernment was deposed by common consent , and Henry 4. chosen in his place ; which himself and his issue possessed about 60 years . The question is , Whether King Richard were rightfully deposed or no . That a King may bee deposed on just causes . First that a King on just causes may bee deposed , is proved by Reason : becaus the rule beeing given by the Common-wealth , on condition of just government ; that much violated , the condition is broken , and the same Common-wealth may take the forfeiture . This proved by the autoritie of all Law-makers , Philosophers , Divines and Governors of Common-wealths ; and by example of divers Depositions , which God himself hath blessed with good success . Proved by reasons and examples of Divinitie . An ill Prince is an armed enemie , with his feet set on the Realm's head ; whence hee cannot bee plucked but by force of Arms , Object . God may cut him off by sickness , or otherwise ; and therefore wee are to attend his good pleasure . Answ. God alwaies bindeth not himself to work miracles , nor often with extraordinary means ; but hath left upon earth , unto men and Common-wealths , power to do justice in his Name upon offendors . Examples hereof are Ehud stirr'd up by God to kill Eglon , King of the Moabites by a stratageme , Judg. 3. and the Philistins to kill , David to persecute Saul ; Jeroboam to rebell against Roboam the son of Solomon , 2 Reg. 11. & 12. Jehu to depose Joram and Q. Jezabel his mother , 4. Reg. 9. The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest , to conjure against Q. Athalia , whom they deposed , and Joash chosen in her room , 4. Reg. 11. All which hee might have removed without blood-shed , if hee would : But hee appointed men to work his Will by these violent means , to deliver that Common-wealth from oppression , and for the greater terror of all bad Princes . Allegations of the Lancastrians that King Richard 2. was justly Deposed . Just causes of Deposing Richard 2. were ; Hee murthered his Uncle the Duke of Glocester without form of Law or process . Hee put to death the Earl of Arundel , banished Warwick , Thomas Arundel Archbishop of Canterbury , and Henry Duke of Hereford and Lancaster ( and after King ) whose goods and inheritance descending to the said Henry from his Father , hee wrongfully seized on . Hee suffered the Earl of Oxford , his minion , to put away his wife , a goodly young Ladie , daughter of Isabell his father's sister , and to marrie another openly to her disgrace . And in the last ( evil ) Parlament hee made , would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters . Grieved with these exorbitant indignities , the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament , by his own confession of unworthie Government , and his voluntarie resignation of the Crown to the said Henry by publick instrument . All this without blood-shed : And in almost all this , Edmund L. D. of York , ( the head of that familie , together with Edward Duke of Aumale his eldest son , and Richard Earle of Cambridge his yonger ( the Grand-father of Edward 4. ) assisted the said Henry . That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence ; much more any other . King Richard 2. deposed , the question is , Whether Edmond Mortimer then alive ( his Father Roger being slain in Ireland a little before ) Nephew removed of Lionel Duke of Clarence ; or Henry Duke of Lancaster , son of John of Gant should have Succeeded in right . For Henry is alleged ; his being neerer to the former King by two degrees , and proximitie of Blood ( though not of the elder Line ) is to be , ( or hath been ) preferred in these cases . 2. His Title came by a Man , the others by a Woman ( not so much favored by Law nor Reason . ) 3. The said Edmond being offered the Crown by Richard Earle of Cambridge ( who had married his Sister Anne ) and other Noblemen , at Southampton ; he judged it against equitie , discovered the Treason to Henry the fifth , by whose command those Noblemen were executed , 1415. Thirty years after which ; Richard Duke of York , son of the aforesaid Earle , and Anne ( for Edmond her brother died without issue ) set his Title on foot . And whereas Roger Mortimer , Father of this Edmond was declared Heir apparent by a Parlament 1382 , that was done by Richard 2. from the hatred he bore to John of Gant , and his son Henry ; ( rather than for the goodness of the others Title : ) the cause whereof was , Because immediately after the death of the Black Prince , divers learned and wise men held opinion , That John of Gant , eldest son of Edward 3. then living should rather succeed , than Richard , jure Propinquitatis . This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament , and the Oaths of his Uncles , and made the yong King Richard 2. hold first , and his son in jealousie , and hatred ever after , as distrusting the likelihoods of their Title . Declaration of the Heir Apparent in the Princes life , being Partial , no sure president . Partial establishing of Succession by Parlament , is no extraordinary thing with Princes , which yet most commonly have been to little purpose . So did Richard 3. cause John de la Pole , Earle of Lincoln , and Son to his sister Elisabeth , Dutchess of Suffolk , to be declared Heir apparent ; thereby excluding his Brother Edward's four Daughters , &c. So did Henry 8. prefer the issue of his yonger sister , before that of his elder . So did Edward 6. declare the Lady Jane Gray , his cozen Germain removed , to be his Heir and Successor ; excluding his own two sisters : Such , say they , was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose , as from little equity . Uncle preferred before the Nephew divers times . Contra . Sect. 83. That John of Gant should have in right succeeded his father , rather than Richard himself , as neerer to his father , is proved by the course of divers Kingdoms , where the Uncle was preferred before the Nephew . 1. In Naples ( much about the same time ) Robert before Charles the son of Martel his elder Brother . 2. In Spain , Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda ( from whom the House of Medina Celi is discended ) by sentence of Don Alonso the wise , and of all the Realm and Nobility , Anno 1276. 3. In the Earldom of Arthois , Mande , before Robert , son to her Brother Philip , by sentence of Philip le Bel of France , confirmed by the Parlament of Paris , and by his Successor Philippes de Valois , whom he the said Robert had much assisted in the recovery of France from the English . 4. In Britanie , John Breno Earle of Montfort , before Jane Countess of Bloys , Daughter and Heir of Guy his elder brother , by sentence of Edward 3. and the State of England , who put him in possession of that Dukedom . 5. In Scotland , where albeit Edward 1. of England gave sentence for John Baliol , Nephew to the elder Daughter , excluding thereby Robert Bruse , son to the yonger ; yet that sentence was held to be unjust in Scotland , and the Crown restored to Robert Bruse his son , whose posterity holds it to this day . 6. The like whereof in Naples , Lewis Prince of Taranto , son to Philip , prevailed before Joan the Neece of Robert aforesaid , who was Philip's elder brother ( though Philip died before Robert ) because he was a man , and a degree neerer to his Grand-father than Joan. 7. And in England it self , Henry 1. preferred before William , son and Heir of Robert of Normandie , his elder brother . And King John preferred before Arthur , D. of Britanie , the son and Heir of his elder brother Geoffrey , because he was neerer to Richard his brother , then dead , than was Arthur : Which Right of his the English inclined still to acknowledge and admit , and thereupon proclaimed him King ; notwithstanding that the French , and other Forrein Princes of stomach , opposed themselves against it . King John rightfully preferred before his Brother Arthur . Against this last : King Richard when he was to go to the Holy Land , caused his Nephew Arthur to be declared Heir apparent to the Crown , thereby shewing his Title to be the better . Answ . 1. It was not by Act of Parlament of England , for Richard was in Normandie , when he made it . 2. Richard did it rather to repress the amhitious Humor of John in his absence . 3. This Declaration was never admitted in England , but renounced by consent of the Nobility in his absence . 4. Richard himself at his return disadvowed it , appointing John to be his Successor , by his last Will , and caused the Nobles to swear Fealtie unto him , as to his next in blood . The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew . Contra . Sect. 83. This Controversie divided all the Lawyers in Christendom ; Baldus , Oldratus , Panormitanus , &c. for the Nephew : Bartolus , Alexander , Decius , Alciatus , Cujatius , &c. for the Uncle : Baldus himself at length concludeth , That seeing rigor of Law runneth only with the Uncle , being properly neerest in blood by one degree , and that only indulgence and custom permitteth the Nephew to represent his Father's place ; whensoëver the Uncle is born before the Nephew , and his elder brother dieth before his Father ( as in the case of John of Gant and Richard 2. ) he may be preferred : for the elder brother cannot give or transmit that thing to his Son , which is not in himself before his Father die ; nor can his son represent what the Father never had . The Common-Law dealeth not with the Point of Succession to the Crown . Touching the Common Law ; the right and interest to the Crown is not expresly decided in it , nor is it a Plea subject to the rules thereof , but superior , and more eminent ; nor are the Maxims thereof alwayes of force in this , as in others . As in the case of Dower , Copercenars , and Tenancie by the courtesie . No more ought they to be in this case of inheritance ; as by the former eight Presidents hath been shewed . The Common Lawyers then refer this point of the Crown to Custom , nothing being in effect written by them touching it . Only the best of our old ones favored that title of Lancaster : and Chancelor Fortescue , and Sir Tho. Thorope , chief Baron of the Exchequer in Henry 6. his time , were much afflicted for it by the contrary faction . The Princes of York often Attainted . The Princes of York forfeited their Right by their Conspiracies , and Attainder thereupon ; as R. Earle of Cambridge , put to death therefore by the Judgment of his Peers , his elder brother , the Duke of York , being one of the Jury that condemned him . His son Richard , Duke of York , was also attainted of treason ( after many oaths to Henry 6. sworn and broken by him ) and his son Ed. 4. with the rest of his off-spring to the ninth degree , at a Parlament at Coventry , Anno 1459. But the House of Lancaster was never attainted of any such crime . The Hous of York came to the Crown by Violence and Crueltie . Edward 4. entred by violence , wilfully murthering , besides divers of the Nobilitie , Henry 6. a good and holy King , and his son Prince Edward , dispossessing the Hous that had held the Crown about 60 years together ; in which time their Title had been confirmed by many Parlaments , Oaths , Approbations , and publick Acts of the Common-wealth , and the consent of all forreign Nations . All which had been enough to have autorized a bad Title . Those of Lancaster better Princes than those of York . The 4 Henries of the hous of Lancaster were far more worthie Princes , then the 4 Princes of the Houses of York ; as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former , especially the 3d , succeeded not , the chief caus thereof was the sedition , rebellion and troubles raised by those of York , and their contention against the Princes of the Houses of Lancaster . The Cruelty of the Princes of York , one to the other . The Princes of York have not been onely cruel to their enemies , but to themselvs too ; embrewing their hands in their own blood : Then when they had ruined th'other , George Duke of Clarence conspired against Edw. 4. his own brother ; with whom reconciled , Edw. caused him afterwards to bee murthered at Calis . Rich. 3. murthered his two young Nephews ; and Henry 8. a great number of that Hous , as Edmund de la Poole his Cousin German ; Henry Duke of Buckingham , his great Ant 's son : extinguishing that , and ruining this familie . Also Henry Courtney Marquis of Exceter , his own Cousin german , the Ladie Margaret Countess of Salisbury , and daughter to George D. of Clarence ; and her son the L. Montague , &c. The kindness of the Princes of Lancaster . But the Love , Union , Confidence , Faithfulness , Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable , as in the 2 brothers of Henry 4 ; and the 3 brothers of Henry 5. and in five or six Dukes of Somerset , their near Cosens ; which argueth both a marvellous confidence those Princes had in that quarrel , and a great blessing of God unto the whole familie that agree'd so well . The Successes of such noble Houses as followed either partie . Another blessing seemeth to bee bestowed on them ; That no antient great Houses are remaining at this day in England , but such as chiefly took their parts ; as , Arundel , Oxford , Northumberland , Westmerland and Shrewsbury : whereas the chief partakers of the other Faction are all destroied ; as , Mowbray Duke of Norfolk , De la Poole Duke of Suffolk , th' Earl of Salisbury , th' Earl of Warwick , and many others . CAP. III. Examination of the Title of the Hous of Scotland . Sect. 28. Allegations for the K. of Scots . 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie , or other lawful impediment ; and therefore hath the right of prioritie . 2. The benefit would accrew unto the Common-wealth , by the uniting of England and Scotland , a point long sought for . 3. The establishing of true Religion in England . Hee is not of the Hous of Lancaster , but rather of York . Hee is not descended truly of the Hous of Lancaster , becaus not of the Ladie Blanch , the true heir thereof : but of Kathathine Swinford , whose children were unlawfully begotten ; ( though afterwards legitimated by Parlament ) so that his best Title is by York , inferior to that of Lancaster , and therefore is to com in after them of that Hous . Forrein birth not just impediment in Succession to the Crown of England . Hee is Forrein born , and therefore excluded by the Laws of England from inheriting within the land . Answ . 1. This Assertion in an universal sens is fals ; for a stranger may purchase , and inherit by the right of his wife : 7 & 9 Edw. 4. 11 & 14 Henrie . 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely : viz. That no person born out of the Allegiance of England ( whose father and mother were not of the same Allegiance at the time of his birth ) shall not demand inheritance within the same Allegiance . 3. This Statute toucheth not the Crown , nor any , except express mention bee made thereof . 4. The Crown cannot properly bee called an inheritance of Allegiance , or within Allegiance ; beeing held immediately from God . 5. The Statute meaneth inheritance by descent onely ; but the Crown is a thing incorporate , and therefore goeth as by Succession . Now if a Prior , Dean , &c. or other head incorparate , though an alien , may inherit or demand Lands in England , notwithstanding the Statute , much more may the Inheritor to the Crown . 6. Express exception is made in the Statues of Enfants du Roi ; which word cannot but include all the King's off-spring , and blood-Roial . 7. King Stephen and Henry 2. born out of the Realm , and of parents that were not of the Allegiance of England when they were born , were yet admitted to the Crown without contradiction : which argueth , that by the cours of the Common Law there was no such stop against Aliens ; and that if the Statute would have abridged the antient libertie in this case of Succession , it would have made special mention there , which it doth not . The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will , whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two or three . S 7. yet 't is plain it was his own Will , because he commanded it to be drawn , written , and sealed , and never revoked it : Besides it is subscribed by many witnesses , and inrolled in the Chancery by his own command ; enough to make it good against the assertion of those few , who to please the time wherein they spake , ( in Queen Maries time ) might say and ghess the King was past memory when his stamp was put to it . Now to make good what he did , two Acts of Parlaments , 28 , & 35. of his Reign , gave him full authoritie to dispose of this Point of Succession , as he and his learned Council should think best for the Common-wealth . By a Statute made in the 27th . of Elisabeth . 27. Elisah . a Statute was made , That whosoever shall be convinced to conspire , attempt , or procure the Queens death , or is privie , or accessary to the same , shall loose all right , title , pretence , claim , or action , that they , or their heirs have , or may have to the Crown of England . Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament , and for breach of the said Statute , 't is easie to determine what Title her Son hath , claiming only by her . The Uniting of Scotland with England , dangerous to the English , or like to be . 1. Only the increase of Subjects : but those rather to participate the Commodities of England , than to impart any from Scotland . 2. The natural hatred of that People unto us , and their ancient inclination to joyn with our enemies the French , and Irish against us , are Arguments of great mischiefs likely to ensue by that conjunction . 3. The Scot must needs hold in jealousie so many Englishmen , competitors of the Blood Royal , and therefore will fortifie himself against them by those Forrein Nations , of whom he is discended , with whom he is allyed , as the Scots , French , Danes , and uncivil Irish , which will prove intolerable to the English . 4. The King , both for his own safety , and for the love he beareth to his own Nation , will advance them , and plant them about him in chief Places of credit ; which must needs breed Emulations and Controversies between them and the English : Then must he of Force secretly begin to favor and fortifie his own , to the incredible calamitie of the other , as Canutus did his Danes , and William the Conqueror his Normans , neither of them enemies to the English blood , nor evil Kings , but careful of their own safeties ; for herein it is impossible to be neutral . 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace , nor hold the Scots and North-Irish in obedience of any authority residing in England : What then are we to hope for of this King herein ? The Religion of Scotland unpleasing to our State . His Religion is neither fit for our State , wherein Archbishops , &c. and Officers of Cathedral Churches are of much dignitie ; and there suppressed : nor will be pleasing to our Nobilitie , to be subject to the exorbitant and popular authoritie of a few ordinary Ministers ; which the King himself is there content to yield unto . And therefore it is likely , that few will be forward to entertain that King for the reforming of Religion here , that hath no better Order in his own at home . For the Ladie Arabella . For the Ladie Arabella , is alleged , her being an equal degree of Discent with the King of Scots : Her being above him , in all hopes for herself , or benefit to the English , that can be expected in an English Prince , and a Prince born in England . Against Her . Neither she , nor the Scot are properly of the House of Lancaster : and the Title of Lancaster is before the Pretence of York , ut suprà . 2. The testament of King Henry 8. barreth her as well as the Scot . 3. Her Discent is not free from Bastardie , for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale , who was alive long after her marriage with Anguis : and it is most certain also , That Anguis had another Wife alive when he married the said Queen . All this confirmed by the Lord William Howard ( Father to the now Admiral ) sent into Scotland by Henry 8. of purpose to enquire thereof ; who reported it to King Henry , Queen Mary , and divers others . For this cause King Henry would have letted the marriage between Anguis and his Sister ; and chiefly caused him to exclude her issue . 4. She is a Woman , and it were perhaps a great inconvenience , that three of the weak sex should succeed one the other . 5. All her Kindred by her Father is meer Scotish . In England she hath none but by her Mother , the Candishes : a mean Familie and Kindred for a Princess . CAP. VI . Examination of the Title of the House of Suffolk : being Darby and Hartford . Sect. 29. 30. The Earle of Hartford's Children , illegitimate . THe Children of the Earle of Hartford Discending of Ladie Frances , the eldest Daughter of Charles Brandon , are proved illigitimate . 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke , ( when they were born ) not separated from him by lawful authority , or for any just cause ; but abandoned by him , because her House was come into misery and disgrace . 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married , but only by their own Assertions ; not sufficient in Law : Therefore was the marriage disannulled in the Arches , by publick and definitive sentence of Parker , Archbishop of Canterbury , not long after the Birth of the said Children . 3. When the Marquess of Dorset married their Grandmother the Ladie Frances , he had another lawful Wife , sister to H. Fitz-allen , Earle of Arundel , whom he put away to obtain so great a marriage as was the Lady Frances : This bred much hate between the Marquess and Earle ever after : but the Marquess favor with K. Henry , deprived the other of all remedy . And therefore may their Mother the Lady Katharine seem illegitimate too . Bastardie in the issue of Charles Brandon . Charles Brandon had a wife alive , when he married the Queen of France , by which wife he had issue the Ladie Powyse , wife of the Lord Powyse : and this wife of his lived some time after his marriage with the Queen . Darby's Evasion . This Wife ( say the Friends of Darby ) died before the birth of the Lady Eleonor the yonger daughter , their ancestor ; though after the Birth of the Lady Francis , Hartford's ancestor . Hartford's Confutation of the first Bastardie . To the first Bastardy of Hartford , their Friends affirm , That the Contract between the Lady Katharine , and the Earl of Pembrook was dissolved lawfully , and judicially in the time of Queen Mary . Hartford's evasion of the second Bastardie , in the behalf of his Second born , Edward Seymore . The Lady Katharine being found with Child , affirmed the Earle of Hartford to be the Father : Hereupon he being sent for out of France ( where he was with Sir N. Throgmorton , and had got leave to travel into Italie ) confessed it at his return ; and both of them affirmed they were man and wife : but because they could not prove it by witnesses , and for attempting such a matter with one of the Blood Royal without privitie , and license of the Prince , they were both committed to the Tower : where they used means to meet afterwards , and had the second Son Ed. Seymore . Now the first Son may be ligitimate before God , yet illegitimate before men , and therefore incapable of Succession . For the second , to be legitimate , whereas there wanteth nothing but witnesses , ( for the presence of Minister is not absolutely necessary ) to justifie their marriages by Law ; The Queen herself , her Counsel , and as many as had the Examination of these parties , upon their first act , or Child-birth , are witnesses unto them ; besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower . CAP. VII . Examination of the Title of the Houses of Clarence and Britanie . Against the House of Clarence in general . THeir Claim is founded only upon the Daughter of George Duke of Clarence , yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother , no claim or pretence of theirs can be admitted . 2. If the pretence of Lancast . be better than that of York ( as before it seemeth to be proved , S. 36. 38. 40. 42. &c. ) then holdeth not this of Clarence , which is meerly of York . 3. The House of Clarence hath been often attainted ; 1. In George himself . 2. In the Countess of Salisbury his Daughter , and Heir . 3. In the Lord Montague her Son and Heir : whereby their whole interests were cut off . For albeit since those attainders it hath been restored in Blood , yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging : for they were forfeited to the Crown , as is also to the next in Blood unattainted , the prerogative of succeeding to the Crown : unless special mention had been made thereof in their restauration . Against the Earle of Huntington , in favor of the Pooles . Upon the attainder of the Lord Montague with his Mother of Salisbury , all such right as they had , or might had being cut off in them , fell upon Geoffrey , brother of the said Lord . 1. Because he was not attainted . 2. He was a degree neerer unto the Duke of Clarence , ( and thereby hath the Priviledge of an Uncle before the Neece , ( S. 34. 40. ) than the Lady Katharine . 3. He was a man , she a woman ( and neither of their Fathers in possession of the thing pretended ) which priviledge of Sex got the last King of Spain the Kingdom of Portugal . 4. Inconvenience of Religion ; ( this point altered by the death of the last Earle ) . First Title of the Infant ; as Heir unto the House of Britain , from William the Conqueror . ( Sect. 12. ) She is discended of the antient Royal Blood of England : from the eldest Daughter of the Conqueror , Constance : whereof her friends infer two Consequences . 1. When the Conqueror's sons died without issue , or were made incapable of the Crown ( as Henry 1. seemed to be for the violence used to his elder brother Robert , and his son William , Sect. 11. ) then should the elder sister have entred before King Stephen , who was born of Alice or Adela her yonger sister . The coming of a Woman no bar to inher in England . Though the Salick Law seemeth to exclude her from the Crown of France ; yet from the inheritance of England , Britanie , Aquitayne , &c. coming to her by Women , and falling ordinarily in Women , nor that , nor other Law excludeth her . Second Title of the Infant by France , whereof she is Heir general , from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. ( Sect. 15. ) by whom she is Heir general of France , and thereby of England ( Sect. 15. ) for three reasons . 1. King John by the murther of his Nephew Arthur of Britanie , forfeited all his states whatsoever : Now this happened four years before his son Henry 3. was born ; and therefore the Crown by right should have come to the said Eleonor his elder sister . 2. Arthur being prisoner in the Castle of Roan , and suspecting that he should be murthered by his Uncle John , nominated the Lady Blanche , daughter and heir to Eleonor to be his Heir ; which were it not good , yet when he and his sister was put to death , she and her Mother were next of kinn unto them , for any more of England , ( S. 12. ) 3. John was actually deposed by the Barons and States of the Realm , 16 Regni sui , and Lewis of France the Husband of Blanche elected and admitted , with their whole consent : to whom they swore Fealtie and Obedience in London , for him and his heirs , and posteritie , 1217. giving him possession of London , and the Tower , and many other important places . Now ableit that they chose after his John's son Henry 3 ; Yet Titles and Interests to Kingdoms once rightly gotten , never die , but remain ever for the posterity to set a foot : so came Hugo Capetus to the Crown of France , Odo Earle of Paris his ancester , being once elected , admitted , and sworn King , though after deposed , and Charles the simple chosen . Third Title of the Infanta , from Henry 3. She is Lineally discended of Beatrix , daughter of Henry 3. ( S. 17. ) Now seeing that the posterity of both her brothers Edward and Edmond , ( the heads of the two Houses of Lancaster and York ) have oftentimes been attainted , and excluded from the Succession by sundry Acts of Parliament , and at this day are at contention among themselves ; why may not the right of both Houses , by Composition , Peace , and Comprimise , at least , be passed over to their Sisters issue ? Objections against the Infanta . 1. These her Claims are very old and worn out . 2. Her claims are but collateral by sisters . 3. She is a stranger , and Alien born . 4. Her Religion is contrary to the State . Answered by those that favor her Title . Antiquity hurteth not the goodness of Titles to Kingdoms ( when occasion is offered to advance them ) which commonly are never presumed to die , & nullum tempus occurrit Regi . 2. Collateral Lines may lawfully be admitted to enter , when the direct either fail , or are to be excluded for other just respect . 3. The point of forrein birth is sufficiently answered before . ( Sect. 50. ) 4. The impediment of other Religion is not universal , nor admitted in the judgment of all men , but onely of such English as differ in Religion from her : to the rest ( and those many ) it will rather bee a motive to favor then hinder her title . CAP. VIII . Examination of the Houses of Spain and Portugal . The Dutchie of Lancaster belong's to Portugal . THe King of Spain is lineally descended from the two daughters of John of Gant , by his two first wives : ( Sect. 23 , 24. ) the former whereof , ( the Ladie Blanche ) beeing heir of the Duchie ( Sect. 19. ) when the posteritie of his issue male by her came to bee exstinct ( as it was in the children of H. 6. ) there is no reason , but the issue of his daughters ( those that claim by Portugal ( Sect. 23 ) should succeed ; at least in the inheritance of that Duchie . The Crown of England to John of Somerset , son to John of Gant. But for the right and title to the Crown of England , which came by John of Gant himself ( third son of Edw. 3 : and eldest that lived when hee died ) John Earl of Somerset , though begotten out of matrimonie , yet afterwards legitimated ( Sect. 25. ) his eldest son by Katharine Swinford was to inherit before the Ladie Philippe his sister , by the Ladie Blanche . The first reason of Portugal against Somerset . Against which the favorites , of Portugal allege divers reasons . 1. Beeing born out of Wedlock , and in Adulterie , ( Sect. 25. ) and continuing a bastard many years , hee could not bee made legitimate afterwards by Parlament , to that effect of Succession to the Crown , before Q. Philippe of Portugall , and her children born before his legitimation ; who thereby had vim acquisitam ( as the Law saith ) which could not bee taken away by any posterior Act of Parlament , without consent of the parties interessed . Second Reason . John King of Portugal married the Ladie Philippe , with condition to enjoy all prerogatives that at day were due unto her ; which was six or seven years before his legitimation . For Don Alonso and Don Edwardo , the two sons of the said John and Philippe were born in the years 1390 , and 1391. And John of Gant married Katharine Swinford , and legitimated her children in the years 1396 , & 1397. Third Reason . The marriage of John of Gant with Katharine Swinford helpeth litle to better this legitimation ; ( which by the rules of the Common and Civil Laws is but a bare deposition : ) for their children were Spurii , begotten in plain Adulterie , not in fornication onely ; and consequently the Privilege that the Law giveth to the subsequent mariage of the Parties , by legitimating such children as are born in simple fornication ( where the parties are single ) cannot take place here ; nor can any legitimation equal , much less prefer the legitimated , before the lawful and legitimate by birth . The Fourth Reason alleged by the Favorers of Portugal against the Issue of John of Somerset . When Henry 6. and his son were extinguished , and Edw. 4. usurped the Crown , there remained of the Ladie Philippe , Alfonse the Fift , King of Portugal her Nephew ; of John of Somerset , Margaret Countess of Richmond his Neece . The Question is , which of these two Competitors of the Hous of Lancaster , and in equal degree from John of Gant , and Henry 6. should have Succession by right immediately after the death of Henry 6. Alfonso ( say they ) for three Reasons . First , hee was a man , and Margaret but a woman ( though shee came of the man , and hee of the woman . ) 2. Hee descended of the lawful and eldest daughter ; shee of the younger brother legitimated . 3. Hee was of the whole blood to H. 6. and shee but of the half : In which regard hee was to bee preferred , at least , in all the interests of Succession which were to bee had from Henry 4. onely , and were never in his father John of Gant , which were many ; as his right gotten by arms , upon the evil government of the former King ; his Election by Parlament , and Coronation by the Realm , &c. ( see for the rest Sect. 35. 43. ) Besides when King Richard 2. was dead , hee was next in degree of propinquitie unto him of any man living ; as hath before been proved , Sect. 36. CAP. IX . The Genealogie , and Controversies of Portugal . 76. The Genealogie of Portugal . Emanuel had by one wife six children . 1. John 3. hee John , that died in his father's time ; hee Sebastian , slain by the Moors in Barbarie . 2. Isabel Grandmother to the present King of Spain . 3. Beatrix , Grandmother to the Duke of Savoy . 4. Lewis , father of Don Antonio , lately deceased in England . 5. Henry Cardinal , and after King. 6. Edw. father of Mary Duchess of Parma , who hath two sons , Ranuntius Duke of Parma , and Edward a Cardinal , and father of Katharine , Duchess of Bragança yet living ; whose Issue is , Theodosius Duke of Bragança , Edward , Alexander and Philippe , young Princes of great exspectation . Five pretenders unto the Crown of Portugal . Sebastian beeing dead , Henry son of Emanuel succeeded ; who beeing old , unmarried , unlikely to have issue ; before him was debated the right of five Pretenders to the Succession of that Crown ; vid. Philippe of Spain , Philibert Duke of Savoy , the Duke of Parma ( his mother beeing then deceased ) Don Antonio , and the Duchess of Bragança : the three first by their Deputies , the fourth ( Anthonio ) by himself , and for himself ; the fift by her husband the Duke and his learned Council . Of these , the Duke of Savoy was soon excluded , becaus his mother was younger sister to K. Philip's mother , and himself younger then Philippe . Don Antonio a Bastard , and excluded . Don Antonio was also rejected and pronounced a bastard by the said King Henry , for many reasons . 1. Hee was taken to bee so all his father's life time , and that without question . 2. Certain Decrees coming out from Rome , in the time of Julius 3. against the promotion of bastards ; hee sued to the said Pope to bee dispensed withall . 3 His father Don Lewis hath oftentimes testified by word and writing that hee was his Bastard , and signified asmuch in his last will . 4. It is likely that if Lewis had married his mother , who was base in birth , and of the Jewish ( as som stories affirm ) hee would have made som of his friends and kindred acquainted therewith , as a matter so much important to them to know ; which hee never did : though the King avowed himself was present with him at his death . 5. If hee had been legitimate , why did hee not pretend the Succession before the said King , next after the death of Sebastian , beeing son to his elder brother , as well as was Sebastian . 6. Whereas hee had produced witnesses ( vid. his mother , sister , with her husband , and two others ) to prove , that his father before his death had married with his mother in secret : the said K. Cardinal affirmed , that upon their examination hee had found they were suborned by Anthonio : becaus they agreed not in their reports , and becaus som of them confessed they were suborned : whereupon hee hath caused them to be punished . If not , why not Duke of Lanc. Seeing that in England wee hold the said Don Anthonio for true King of Portugal , I see not how wee can deny his children their right , at least to the Duchie of Lancaster : whereof whosoëver is right heir of Portugal , should bee rightest heir , ( Sect. 70. ) . Allegations to prove the Duke of Parm's right . That hee represented his mother , and shee her father , Lo. Edward , who , had hee been alive , had carried it from his elder sister Elisa . K. Philip's 2. mother : consequently his issue to bee preferred before hers . 2. Against the Duchess of Bragança , that his mother was the elder sister , therefore hee who represented her person , was to bee preferred before her . For the Duchess of Bragança , and against the point of Representation . Shee was born and bred in Portugal : Philip and Parma were forrein . 2. Shee was nearer by a degree unto Emanuel , and Henry the Cardinal , then the Duke of Parma . 3. Against the representation urged by Parma , that no representation was admitten in the Succession to the Crown of Portugal ; but that every pretender was to bee taken and preferred according to the Prerogatives onely of his Person , as the next in propinquitie of blood , or the man before the woman , and the elder before the younger , if they bee in equal degree of propinquitie to the former Kings . Touching Representations . ( Contra Sect. 40. ) The last King Sebastian entred the Crown by way of Representation , not by propinquitie of blood , the Cardinal beeing brother , and hee but Nephew unto the former King John 3. ( Sect. 82. ) Answ. Hee was of the right descendant line of K. John 3. and the Cardinal but of the Collateral ; and all Law alloweth the right line to bee served and preferred before the Collateral bee admitted : This was the caus of his coming to the Crown , and not representation . Allegations of King Philip's right to Portugal . Seeing then that Representation was not admitted , but every Pretendor considered in his own person onely ( Sect. 82. ) King Philip beeing in equal degree of propinquitie of blood with the Duchesses , alleged hee was to bee preferred before them both : becaus a man , and born before them . 2. The inheritance of Portugal ( besides that it belonged to the Crown of Castile , of old evidently belonged to John , King of Castile , by the marriage of Beatrix , daughter and heir of Ferdinand King of Portugal : after whose death it was conferred by election of the People on John , M. of Avis , bastard-brother of the foresaid Ferdinand : & by him the said Beatrix , and her posteritie wrongfully debarred and excluded . King Philip his own carver in Spain . When these contentions were at the hottest , died the K. Cardinal , before he could decide them . Whereupon the K. of Spain taking his right to bee best ; and ( becaus a Monarch , and under no temporal Judg ) thinking hee was not bound to attend any other , or further judgment in the matter , but might by force put himself in possession of his own ( as hee took it , ) if otherwise hee might not have it ; hee entered upon Portugal by force of Arms , and at this day holdeth it peaceably . The end of the controversie . An Objection in behalf of Representation in the Succession of England . Representation taketh place in England : So as the children of the son , though women , shall ever bee preferred before those of the daughter , though men . Therefore seeing the Ladie Philippes right to the Dukedom of Lancaster , and Crown of England ( mentioned Sect. 70 , 72 , &c. ) is to bee preferred according to the Laws of England ; onely it followeth , that the right of Succession pretended by the Princes of Portugal from the said Ladie Philippe , should bee determined onely by the Laws of England , which admit of Representation . Answer to the former Objection . The question is not here , by what Law this pretence by Portugal to the Crown of England is to bee tried : but rather who is the true and next heir of John of Portugal , and the Ladie Philippe , heir of Lancaster : which once known , it little importeth by what Law hee pretendeth his right unto England ; whether of Portugal , or England : though to determine this first and chief point of the Succession of Portugal , the Laws of Portugal must needs bee the onely Judges , and not those of England . CAP. X. Whether it bee better to live under a Forrein or a Home-born Prince , a great Monarch , or a little King . Against Forrein-Government the opinion of Law-makers . ARistotle , in all the different Forms of Common-wealths which hee prescribeth in his 8 books of Politicks , ever presupposeth , that the Government shall bee by people of the self-same Nation : the same also do presume all the Law-makers therein mentioned ; as , Minos , Solon , Lycurgus , Numa Pompilius , and the rest . Of Orators and Writerr . Demosthenes his famous invectives against Philip of Macedonia , that desired to encroach upon the State of Greece ; and his Orations against Eschines , who was thought secretly to favor the pretences of the said forrein Princes . The books of the Italians , when they speak of their former subjection to the Lombardes , Germanes , French , and their present to the Spaniard . The late writings of the French against the power of the hous of Guise and Lorrain , whom they hold for strangers . Of Nations by their Proceedings and Designs . The desperate and bloodie executions of divers Nations , to th'end they might rid themselvs from stranger's dominion , are arguments of the very impression of nature herself in this matter : for examples whereof , see Q. Curtius , lib. 5. & 6. And the Sicilians , who at one Evensong-tide slew all the French within their Iland , whom themselvs had called and invited thither not long before . And the English , who murthered all the Danes at one time : and would have don as much for the Normans , if themselvs had been strong enough , or the advers partie less vigilant . And the French in the time of Charles the 7. when nothing could repress them from revolting every where against the English Government , of which at length by hook and crook they wholly free'd themselvs . Of Holy Scripture . The autoritie of holy Scriptures is evident in this behalf ; Deut. 17. 16. Thou shalt make them King over thee whom the LORD thy GOD shall choos out of the number of thy brethren : thou mai'st not set a stranger over thee , which is not of thy brethren . In the behalf of Forrein Government . This hatred of Stranger's Government , is but a vulgar aversion of passionate , or foolish men ; Passionate by corruption of nature , whereby men are inclined to think evil of others ; especially their Governors ; and the more the farther they are from us in kindred or acquaintance ; foolish , as those that weigh not the true reasons , causes , or effects of things ; but onely the outward shew , and popular apprehension , grounded for the most part in the imagination , or incitation of others , who endeavor onely to procure tumults . It importeth not what Countrimam the Prince bee , so his Goverement bee good . All passion against stranger , or unto others laid aside , wee are onely to respect the fruits of good and profitable Government ; the peace and proprietie of the Subject : which what Prince ( bee hee native or forreign ) soëver procureth us , is fittest for ours or any other Government : for after a Prince is established , the common subject hath no more conversation with him , nor receiveth further personal benefits of him , than of a meer stranger . Then if hee govern ill , what is the Subject the better by his beeing Home-born . Home-born Princes and Tyrants . As in the like case the children of Israël said of Rehoboam , Quae nobis pars in David , vel quae haereditas in filio Jesse ? 3 King. 12. 16. whom they abandoned , and chose Jeroboam his servant , and a stranger . And what availed it the Duke of Glocester , Tho. of Woodstock , that hee lived under his Nephew Ric. 2. or the Duke of Clarence the right of his brother ( Sect. 4. ) or the De la Pooles , Staffords , Plantagenets , their beeing under their near kinsman Henry 8. by whom they lost both their lives , possessions and kindred . Many other examples might bee drawn from the Romans , Sicilians , Spanish , English , &c. who have been much the wors for their home-born Princes . Opinion , and the beeing under several Governors , make 's strangers , or no strangers . Who bee strangers , and who not , dependeth much of the opinion and affection of each people , and nation the one towards the other : but chiefly their being under the same , or several Governments . The hous of Guise , and their kindred , were held for strangers in France ; yet came they but out of Lorrain , a Province bordering upon France ; and of the same nation , language , and manners ; onely under another Prince . The Florentines are hated and held strangers in Siena , where they govern : albeit the one State bee not 30 miles from the other ; and both of one nation , language , and education . On the contrarie , the Biscayns hold not the Castillians for strangers ; nor the Normans and Britains the French ; nor the Welsh the the English ; a different people , and of different language . Three means of coming under forreign Government . One Nation may becom subject to another , either by Conquest , as the Welsh were to the English ; the English to the Normans and Danes , Sicilia and Naples to the Spaniards , &c. Or inheritance , as Aquitaine and Normandie to England ; the 17 Provinces to Spain ; Britanie to France . Or by mixt means of force and composition , as Milan to Spain ; Ireland to England ; and Portugal in our daies to Spain . The Condition of Conquest , and the wisest Conquerors . Conquest is of these three the hardest for the Subject , all standing at the Will and Humor of the Conqueror , whom either anger , fear , or jealousie of his assurance may often drive to hold a hard hand over the Conquered ; at least for a time , until his State be settled : Yet have these ever ( at least the wisest ) dealt like Physitians , who after a vehement Purgation minister Lenitives , and soft Medicines , to calm and appease the good Humors left , and to strengthen the whole bodie again , that it may hold out . Commendation of the Romane Government , best to their Forrein Subjects . The carriage of the Romans was so just , considerate , sweet , and modest towards all Forrein Nations they had conquered , that it allured divers Nations to desire to be under them , and to be rid of their natural Kings ; as the Subjects of Antiochus , and Mithridates . Other Kings to gratifie their subjects , nominated the Romane Empire for their successor , as Attalus of Pergamus , and Ptolomie of Egypt , and others . Their manner was to do most favors , and give most priviledges unto the most remote Nations , they having the best ability to Rebel against them : wherein this circumstance of being most strangers , most helped them . So are the French to the Britans , &c. The like rule of Police have all great Monarchs used ever since . As in France the States of Gasconie and Guyen ( conquered from the English ) pay far less tribute to the King , than those of the isle of France it self . The Britains which were old enemies , and came to the Crown by marriage , pay much less than they . The Normans somwhat more than either , because they lie somwhat neerer to Paris ; yet less than the natural Frenchmen . Venetians to Candia . The Candians pay not the third part of the Impositions ( unto the State of Venice , whereto they are subject ) that do the natural subjects of Venice , in Italie : because it is an island a part , and standeth further off . Spaniards to their Subjects of Italie . The Subjects of Naples , Scicilie , and Milan , pay not the Aloavalla ; viz. the tenth penie of all that is bought and sold , and imposed upon the natural Spaniards ; nor are they subject to the Inquisition of Spain ( especially not Naples and Milan ) nor doth any Law , or Edict made in Spain hold in those Countries , except it be allowed by the States thereof ; Nor may any of their old Priviledges be infringed , but by their own consents : Nor are they charged with any part of the extraordinary Subsidies , which the King requireth of Spain . And of the Low-Countries . The Flemings enjoyed great tranquility under the Dominion of Spain , before they revolted : having a Governor of another Nation over them : but his time being but short , he strove principally to get , and hold the Peoples good will , thereby to be grateful to his King at his return home : and if he attempted ought against them , they complained by their Chancellor residing for them in the Spanish Court ( for all Forrein Nations have their particular Counsel there about the King ) and by his mediation , obtained many Priviledges . Now in the space of 28. ( in all which time they have been suffered to traffick freely into Spain ) years of their Revolt , there hath not a quarter so many been punished by order of justice , as Conte Lewis their natural Prince caused to be executed in one day in Bruxells , which were 500. Nor had Alva any thank of the King , for putting to death Count Egmont , and Horne ; whereas in Arragon , a neerer State , there were many heads chopt off upon a late insurrection . So that the Circumstance of being strangers , and dwelling far off , doth them great pleasure , and giveth them many Priviledges above the home-born , or neer limitting subjects . The States of Italie better Governed by their late Vice-Roys , than their former home-born Princes . In Italie , if you compare the number of the afflicted , and executed by Justice , or otherwise , under their home-born Kings , with that which hath been since , you shall finde twenty for one , especially of the Nobilitie : the reason is , their Kings were absolute , and acomptant to no man ; and being but men , and having their passions and emulations with the Nobilitie , which they might satisfie without controule ; they pulled down and set up at pleasure , and oftentimes made but a jeast of Noblemens lives and deaths . But Viceroys have no authority , nor commission to touch principal persons lives , without relation given thereof to your King and Council , and their order touching it . Then knowing that after their three years Government is ended , they must stay forty dayes as private men , under the succeeding Governor , to answer their former proceedings against all that shall accuse them ; they take heed what they do , and whom they offend . The late Kings of England extreamly cruel to their Nobilitie . To come neerer home , and to omit those which in the time of Wars , Rebellions , and Commotions ( occasions somwhat justifiable ) have been cut off , within the space of one five years of Henry 4. there were executed in peace by Justice , and the Princes Command , 2 Dukes , 1 Archbishop , 5 Earles , the Baron of Kinderton , and four Knights . Within almost as little a space of Ed. 4. his time , 2 Dukes , 3 Earles , 2 Barons , 3 Knights , and many other afterwards ( for this was but in the beginning of his Reign ) But when all doubt of Contention about Succession ( which moved those two Kings , the more excusably , to these cruelties ) was taken away , in Henry 8. his time , were either cut off , or clean put down , 2 Queens his wives , 3 Cardinals , 3 Dukes , 1 Marquess , 2 Earles , 2 Countesses , 6 Lords , 6 or 7 Abbots , Knights in great number , Gentlemen infinite ; What Spaniard could , or durst have done so much ? Better to live under a Great , than a little Monarch . 1 He is best able to defend , and protect his subjects . 2 He hath ordinarily least need to Pill , and Pole them ; ( for a little King , though never so mean , will keep the State of a King , which his subjects must maintain ) 3 He hath more to bestow upon his subjects , for reward of Virtue , or Valor . A great Prerogative unto every subject , to be born under one that hath much to give ; whereas he that is born in the Cities of Geneva , or Genoa ( let him be of what abilitie , or worth soëver ) can hope for no more preferment than those Common-wealths can give , which is all too little ; what then would it be , were there many worthie men born there at one time ? A Forrein Prince living among us without Forrein Forces . Another manner of living under Forrein Princes , is when the Prince cometh to dwel among us without Forces ; As did King Stephen and Henry 2. who were natural Frenchmen , and as King Philip in Queen Maries time here in England ; and the last King of France in Polonia ; so should his Brother Monsieur have done here if the marriage between him and the Queen had gone forward . Fit for our present State , and beneficial to any . No danger , nor inconvenience can justly be feared from such a King : The benefits are , 1 He subjecteth himself rather to the Realm and Nation , than they to him , and if he live , and marrie in England , both he and his Children will quickly become English : 2 For his assurance , he must be inforced to cheerish the English , thereby to gain , and perpetuate to himself their good-will and friendship ; 3 He entereth with indifferent mind towards all men , having no kindred , or alliance within the Land , to whom he is bound , nor enemie against whom he may be incensed ; so as only merit and demerit of each man must move him to favor or dis-favor , a great foundation of good and equal Government . 4 He might be admitted upon such Compositions and Agreement , as both the Realm should enjoy her antient Liberties , and perhaps more ( for Forrein Princes upon such occasions of their preferment commonly yield to much more than the Domestical ) and the home-born Pretenders should remain with more security , than they can well hope for under an English Competitor . A Forrein Prince , with Forrein Support . A third manner is , when the Prince bringeth Forces with him for his own assurance , and these either present ; as the Danish Kings , and after them the three first Norman Princes ( who either by the help of their first subjects already in England , or by others brought in by them afterwardes , wrought their evil ) Or that his Forces be so neer , as he may call them in when he listeth , and that without resistance , as may the Scot , whom no Sea divideth from us . Insupportable to our , or any State whatsoever . All danger and inconveniences may justly be feared from such a King ; yea all the mischiefs , either of Domestical or Forrein Governments . For those of a Domestical Prince are , Pride , Crueltie , Partialitie , pursuing of Factions , particular Hatred , extraordinary advancing of his own Kindred , extreme pinching and punishing of the Subject , being sure of his own partie within the Realm , by reason of his presence , and therefore the less respective of others . These vices such a Forrein Prince is the more subject too , than the Domestical , as having both external Counsel of a People that hate us , to incense him , and their external Force to effect his and their Designs . The mischiefs of Forrein Government are , Tyrannie of the Prince , the servitude of the People ; filling and planting the Realm with strangers , and dividing among them the Honors , Dignities , Riches , and Preferment thereof . All which are incident ( in all probabilitie ) to the third kind of Government , and to be feared in the succession of the King of Scots , whose case is within the second Branch thereof , and may hereafter be within the first . Forrein Princes affected by some Countries . Best Romane Emperors , strangers . Where Kings go by Election , commonly they take Strangers ( in the second kinde Sect. 105. ) so did the Lacedemonians and Romans in their first Monarchie ; and of late the Polonians in the Succession of their three last Kings ; and the Venecians by way of good Policie , have made a perpetual Law , That when they are to War , and must needs chuse a General , he be a stranger ; to wit , some Prince of Italie , who is out of their own States ; thereby to have him the more indifferent , and equal to them all . Among the latter Romans , their best , and most famous Emperors were strangers , as Trajan and Adrian , Spaniards : Septimius Severus , an African ; Constantine , English : Their worst Romans , as Caligula , Nero , Heliogabalus , Commodus . Forrein Government : which best , which worst . This Second then ▪ ( S. 105. ) is the best : In the first kinde , of being under Forrein Government , and as a Province to be ruled by Deputies , Viceroy's , &c. as the States mentioned ( S. 19. ) and as all the Provinces of the old Roman's States were , all things considered ▪ and one taken with another , the Commodities and Securities are more , and the damages and danger less , than in the Government of Domestical Princes : And all the mischiefs of Forrein Government are only incident to the third and last ( S. 105. ) Other imputations to the other two proceeded , from the blindness and passion of the vulgar , and some private men most likely to be interessed therein . ( S. 91. ) An Answer to the former Objection ( S. 89. ) against Forrein Government . Upon other occasions and humors , the vulgar will do as much against their own Country-men and Princes , as the Sicilians did against the French , &c. ( S. 89. ) and often have , both in England and else where , when they have been offended , or that seditious heads have offered themselves to lead them into tumults . Aristotle Answered , ( S. 89. ) Aristotle in his Politicks never handled expresly this our Question , and consequently weighed not the reasons on both sides , and so left it neither decided nor impugned ; and he that was Alexander's Master , the Master of so many Forrein Countries , could not well condemn it . Demosthenes Answered , ( S. 88. ) Demosthenes was well feed by the King of Asia , to the end he should set Athens , and other Grecian Cities at ods with Philip . On the other side , if Athens a Popular Government wherein the force of his tongue made him have greatest sway and authoritie , were to have come under a Monarch , he should have been in like credit : as he fell out to be : for all the time that Alexander lived , he continued in banishment . Answer to the Objection out of Deut. ( S. 90. ) When the Command was given in Deut. no Nation besides the Jews had true Religion among them ; the chiefest and highest think to be expected in the admission of any Magistrate ; for that it concerneth the true and highest end of a Common-wealth , and of all humane society : but Christ's coming into the world took away this restraint : So that all Christian Nations are alike , for so much as belongeth unto Government . CAP. XI . Examination of the likelihood of each Pretender to the Crown of England . Whereby a Pretender may soonest prevail . THe prevailing , or not prevailing consisteth either in the Religion of the Pretender , or in the Strength of his particular Familie , Friends and Allies , both at home and abroad . Every one will prefer a Prince of his own Religion . Religion ( being at this day threefold , viz. Protestancy , Puritanism , and Papistrie ) is likely to be of much respect in the Advancement or Depression of each Pretender . And albeit in the entrance of King Ed. 6. Queen Mary and her Majestie , divers men of different Religions , for other respects concurred together in those Princes Advancement , ( which many of them repented after at better leisure ) yet t is now likely to be otherwise . 1 Because the Titles of Pretenders are now more doubtful . 2 Men are become more resolute in matters of Religion , and by long contending , the greater enemies . 3 ▪ Men of a good Conscience will hold it a point of little zeal at least , if not of Atheism , to set their hands to the Advancing of a Prince of contrary Religion to themselves . 4 Men of discretion hold it to be against all Rules of Policie , to promote to a Kingdom in which themselves must live , one of a contrary Religion : for let what bargains , agreements , vain hopes , promises soever be made before hand ; yet the Princes once settled , they are sure to be opprest by degrees : So that they must either dissemble , or suffer persecution . The likelihoods of the Protestant partie . The Protestant , that hath the power and authority of the State in his hands , is likely to do much ; especially if he can conceal for a time the decease of her Majestie , until he may put his Affairs in order : but this is held to be either impossible , or very hard ; so ardent are men's minds in such occasions , and so capable of new designments , impressions , and desires are all kinde of subjects upon such great changes . The most wealthy , and strong Member of this Bodie is the Clergie , as Bishops , &c. and their followers : the Nobilitie and Privie Council are uncertain . The House of Hertford was wont to be in their favor , but of late they are the more devoted to Arabella , and the House of Derby . Privie Council out of office during the vacancie of Princes . Though the authority of the Privie Council be supreme during the Prince's life ; yet it is not so afterwards : nor have they any publick authority at all , but according to their several former callings of Noblemen and Gentlemen . Then is every man free , until a new Prince be established by the Common-wealth , which establishment dependeth not upon the appointment or will of any few , or upon any man's proclaiming of himself ( for divers are like to do so ) but upon a general Consent of the whole bodie of the Realm . The Strength and Affection of the Puritans . The Puritans , whose profession seemeth to be the more perfect , are more generally favored throughout the Realm , ( if not of Papists ) than the Protestant ; which make's even all those Protestants , who are less interessed in Ecclesiastical livings , or other preferments depending on the State , very much affected to them . Their side is held to be the most ardent , quick , bold , resolute of any other : as those which have a great part of the best Captains , and Souldiers , and great Towns ( where Preachers have made the more impression in the Artificers , and Burgesses ) much devoted to them : Nor want they probabilities of having the City of London , the Tower , and most part of the Navie much enclined to them : Their Forrein partie will be the reformed Churches of France ( now not many ) and of the Low ▪ Countries . The Earle of Huntington was the Lord Beacham ( by reason of his marriage ) is most affected by them . The King of Scots , if not a stranger ) would also be for his Religion very plausible . The Strength and Affection of the Papists . The Papists , least in shew , because held under , yet are of small consideration in respect of their home and forrein partie . At home they are either Recusants , or such as accommodate themselves , for wordlie respects , unto all external proceedings of the time and State ; of which sort are the most part of the Countrie People , of whom the contrarie Preachers are not so frequent . To them such as are discontented do easily joyn also , & omnes qui amaro animo sunt cum illis se conjungunt . 1 Reg. 22. 2. as the most afflicted by the present state . Besides , there is ever likely a certain natural compassion in most men towards those that suffer , and of compassion cometh affection , of affection desire to help . Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause , and hath wrought a great impression in their hearts . Their affection is thought indifferent towards any one , be he Stranger or Domestical , who is likest to restore their religion ; not much inclined to any one of the pretenders in particular : a point of great Consequence , by reason of the incertainty , and likely to give them great sway , wheresoever they shall bend at that day . The Forrein Strength of the Papists very great and important . The Forrein Helps are ( besides the exiled English , who have both Friends and Kindred at home ) the affections of Forrein Princes , & States Favorers of their Religion ; whose Ports , Towns , and Provinces be near upon England round about ; and for such a time and purpose cannot want commoditie to give succor ; which thing weighed together with the known inclination that way of Ireland , and the late declaration made by many of the Scottish Nobilitie and Gentrie , to favor that Cause , are arguments that this Bodie is also great and strong , and likely to bear no small sway in the deciding of this Countroversie . For , and Against the King of Scots . Likelihoods of the Scot , besides the Prioritie of his Title in vulgar opinion , are his Youth , his being a King , his moderate Nature , having shed little blood hitherto , his affection in Religion to such as like thereof : On the other-side , the Reasons of State before alleged against him , especially his Alliance with the Danes , and dependance of the Scottish Nation seem to weigh much with Englishmen ( S. 53. ) For , and Against the Lady Arabella . For Arabella is alleged her being a yong Ladie , and thereby fit to procure affections ; and that by her marriage she may joyn some other title with her own , and therby friends . Against her , her being nothing at all Allied with the Nobilitie of England ; her Title as doubtful as the rest , if not more ( S. 56. ) Her Religion can be no great motive either for , or against her : for by all likelihood it is as tender yet , green and flaxible , as is her age , and sex . The Kindred and power of Beacham and Derbie . The Lord Beacham and Earle of Derbie have had their Titles examined before , ( Cap. 6. ) Their difference in mean and Kindred is great : For Derbie far exceedeth the other in both : For the Kindred of Hertford are but few , his father being the first raiser of his House : But Derbie hath , besides the Stanleys ( which are many , and of good power ) the Lords Sturton , Monteagle , Morley , Dacres of the North , the Earle of Cumberland , some of the Arundels , Poynes of Glocester , and many others ; besides Lancaster , Cheshire , and North-Wales ; which for the most part depend upon him . The Likelihoods of the Earle of Huntington . The Earle of Huntington his Alliance is not great ; in the last Earl it was , the Earle of Leicester , and Warwick , and Sir Philip Sidney living ; besides he was like to have the whole power of London ( a matter of great importance and which advanced Ed. 4. two several times ) by which means , and by all the forces and affection of the Puritan , and much of the Protestant , he was thought to be in great forwardness . But now these great Pillers failing , no man can assure himself what the success of this Earle or his issue will be . A Short Survey of all Forrein Pretenders . The Infanta Pretendent of the House of Britain is a Princess of rare parts , both for beautie , wisdom , and Piety . The two yong Princes of Parma were imps of great expectation , and divers waies neer of Kin to the Spaniard ; As near to whom are the Children of the Duchess of Bragança , who are all Princes of rare Virtue and Valor ; and of singular affection to the English nation ; which divers of them , travelling Portugal , have tasted . What the means of the Spaniard is , all the world may see ; what his , or any of their success will be in this matter , no man can determine . That there will be Wars about the Succession . This Affair will not be ended by any possibilitie moral without some War , at least wise , for some time at the beginning ; and that for divers Reasons . The First Reason . The matter cannot be Disputed and determined during Her Majesties life without evident danger of her person , for many Causes in the like case , and especially now , that she groweth to be old , and without hope of issue . The Second Reason . The Declaration of an Heir arparent now made , would move infinite Humors and Affections within the Realm , and stir coals , and cast firebrands over all the Kingdom ( perhaps further ) which now lie raked up and hidden in the Embers . The Third Reason . The Declaration , though it were now made by Parlament or Authoritie of her Majestie , would not fully end the Controversie : For albeit some Pretenders that should be passed over or put back , would perhaps be silent for the present ; yet afterwards 't is certain they would both speak and spurn when occasion were offered . The Fourth Reason . This Declaration would be dangerous to him were declared : for on the one side it would make her Majestie very jealous of him ; On the other side , unite and arm all other Pretenders , and their followers , against him : And of all recounted by our Histories , to be declared in this manner none ( being not Kings Children ) ever came to Reign . The Fifth Reason . The Pretenders being so many , and their Pretences so ambiguous as they be , it is to be thought , That none , or few will presently at the beginning abandon their Hopes and Titles , but prove at least what Friends will stand to them , and how matters will go for , or against them ; especially seeing they may do it without danger of Law , their Rights and Pretences being manifest : and for this first Assay arms are necessary . The Sixth Reason . If any would in process of time forgo their Titles ( as divers will at length , and many must , for one only can speed ) yet that they be not seased or oppressed on a suddain , and at first by the adverse partie , as the course is in such cases , t is likely each one will arm himself and friends at the beginning : for better Conditions will be granted them being armed , than being naked ; and the more that stand together on their guard , the easier and sooner Peace may they procure of him that Prevaileth : for a displeasure is sooner pardoned to a multitude , or potent adversary , than to one , or a weak one . Now the Common peril of the not prevailers , knitting them together for their own defence , besides their own safegard , will be the ground of much securitie to him also that Reigneth : they being not likely to conspire against him , because they are many , and by consequent not easily drawn to agree among themselve , whom to prefer , where he pulled down . No main Battel , but rather a Composition . This matter is not like to come easily to any great or main Battel , but rather to be ended at length by some Composition and general Agraement : and that for this Reason . The Reason . The Pretenders are many , and their Power and Friends lying in divers and different parts of the Realm ; they will one fear the other , and seek to fortifie themselves where their strength lieth , especially towards the Ports and Seafide , for receiving of Succor . Therefore will they not much urge nor press one the other in the beginning , but every part attended rather to strengthen it self for the time . Which of the Pretenders are likeliest to bear it . There be two sorts of Pretenders , the one Forrein , the other English : Of Forrein , the Infanta it likest to bear it , or some other by her Title , laid upon him by her friends good-will . Of Domestical , the Earle of Hartford's second Son . Of Forrein , the Infanta , and why . 1 She is a Woman , and may easilie joyn ( if her Father will ) the Titles of Britanie and Portugal together . 2 She is unmarried , and by her marriage may make some other Composition , either at home or abroad , that may facilitate the matter . 3 She is a great Princess , and fit for some great State ; and other Princes of Christendom would perhaps more willingly concur in such a composition of matters by her , and by casting all Forrein Titles on her , than that the King of Spain should add this Kingdom unto his Monarchie : A thing which those Princes his neighbors in reason of State , would not so well allow of . 4 Some such moderation would take away much of the aversion of the English from Forrein Government : For hereby no subjection would be feared to any Forrein Realm , but rather divers benefits to the Realm of England . ( S. 106. ) Of Domestical , the Earle of Hartford's second Son , and why . He seemeth to be cleared of the Bastardie that lieth nearest of all upon those Children ; and therefore to be preferred before his elder Brother ( S. 62. ) 2 He is unmarried , a point of no small moment for the joyning or fortifying of titles , and for making of Compositions of Peace and Union with the opposite parties . 3 His Religion is not 〈◊〉 , and consequently every partie may hope to draw him to their sides ; being free to follow what he shall think most expedient for his own advancement , without Knot or Obligation to follow other men's affections or judgements ; as he would be presumed to be , were he married , or much obliged to any other Familie . FINIS . THIS Manuscript Treatise of Broken successions of the Crown of England , coming from the hands of a Popish Priest , and comprehending the substance of what was written and published by Father Parson 's the Jesuit , under the name of Doleman , for ends best known to themselves ; but justly suspected , to be no way for the Freedom of the English Nation , may give the greater occasion for the wisdom of latter times , to prevent those Commotions towards confusion , as might seem to threaten a second Part of that horrid Design of the Gun-power Treason , Novemb. 5. 1604. Notes, typically marginal, from the original text Notes for div A91489e-240 Plato de Repub. Cic. de Repub. Arist. Pol. Pompon. Mela. lib. 3. cap. 3. 4. Tacit. l. 8. Arist. l. 1. Polit. c. 12. 3 , 4. Theoph l. de Plant. Plutarch . cō de fortuna ; & l. de pietare in parentes . Cic. lib. de Ami citia . Genes . 2. v. 18. Job 10. v. 22. Cic. lib. 1. de natura Deorum . Lib. 1. Digest . Tit. 2. Prov. 8. Rom. 13. Aristotle lib. 2. Polit. The Jews . lib. Gen. Lib. Exod. Lib. Job . Lib. Judg. Lib. 1 Reg. Lib. Machab. 1 Reg 8. Dionys . Halic . lib. 5. Cornel. Tacit. lib 3. Cie. lib. 1. offic. Hierom. lib. 2. Epist 12. Chrysost. ho . 23. 1 Pet. 2. Tit. Liv. l. 30. Eutrop. l. 3. Oros. l. 5. & 6. Arist. l. 3. Pol. cap. ult. Lib. 3. pol. c. 12 Lib. 1. pol. c. 2. Arist. lib. 4. pol. cap. 10. Tit. Liv. lib. 1. Dec. 1. * Numa Pompilius . Tullius Hostilius . Tarquinus Priscus . Tit. Liv. lib. 1. Dec. 1. Arist. lib. 2. Pol. Cap. 8. Plut. in Lycur . Sleidan , lib. 8. Anno 1532. Blond Decad. 2. l. 3. Crant . l. c. 25. Herbert . lib. 9. hist. Polon. Cromerus l. 3. hist Polon. Council Plet . 4. c. 74. & Council s. c. 3. Anno 1340. * the Fourth . Anil . hist. France lib. 2. Gerard du Haillan . lib. 14. hist. France . Franc. Bellef . lib. 5. c. 1. Anno 1327. Gerard du Haillan , lib. 13. hist. France . & Anno 1317. & lib. 14 Anno 1328. & lib. 3. del estat . de France . * In that he may lawfully command . Halic . lib. 7. Tertul. lib. de praescrip. . contra haeres . Justin Martyr . Apol. Tit. Liv. lib. 1. Dec. 1. Eutrop. lib. 1. Dyon . in Caes. Suet. in Caes. * Which was the first judicial Sentence that ever the Senate gave against Emperors . Corn . Tac. lib. 20. & 21. Egesip . lib. 5. Eutrop. in vita Caes. Anno 124. Aelius Lamp . vita Heliog . Herod in vita seven . * Wherby followed the change of the Empire from the East to the West . Bels . lib. 1. Gerard . lib. 3. Aemil . lib. 2. Clem. Baudin . En la chronique des Roys de Fran. Anno 988. Isid. in hist. Hispan . Estevan . de Garibay . l. 13. de la hist. de Espan . cap. 15. Garibay . l. 14. cap. 40. 41. Garibay . l. 4 de hist. Portug . cap. 19. Garib . in hist. de Portug . lib. 34. c. 20 , & 21. Glicas in Annal. part 4. Zon . Annal. co . 3. invita Mick . Calaph . In Liceus Rep. Polon. ad Henricum Valessum . p. 182. 184. Gagneus , part 1. de rebus Polon. Poilin . lib. 32. hist de France Anno 1568. Sleydan . lib. 4. hist. An. 1532. Munst . lib. 3. Cosmogr. in descript. David . Paulus Jovius in viris Illust. Polid. hist. Angl. lib. 15. Anno 1212. Anno 1216. Anno 1216. Polyd. lib. 18. hist. Angl. Anno 1326. Polyd. lib. 20. hist. Aug. 1399 * Henry 4. Polyd. lib. 23. hist. Angl. * Specially of London . Anno 1487. Du Belay . Apol. Cath. part 2. paragr. 9. & Apol pro Reg. cap. 9. 1 Reg. 8. 1. Bellay apol. part 2. parag. 7 & apol. pro Rege cap. 6. & 24. & 26. 1. 2. 1. 2. Arist. lib. 1. pol. cap. 4. 5. 3. 3 Reg. 28. Cap. innovam . 10. de casibus , & cap. super quibusdam 26 §. de verborū . signif. In Regulis utriusque Juris . Vide in finem sent . Decret. Reg. 75. 69. Matth. 24. Reg. 68. in fine 6. Decret. Aemil . l. 2. hist. France . Belf. in vita Child . Gerard . lib. 3. Plato . Dial. 1. de Repub. Arist. lib. 2. Pol. cap. 3. Cic. lib 3. de Legibus . Cod. l. 1. Tit. 14. §. digna . Suet. cap. 23. in Caligula . Zon . Tom. 2. in Trajan . The Occasion of the next Chapter . Zon . com . 3. Annal. in vita Anast . Niceph. l. ib. cap. 29. Evagr. l. 2. c. 3 Zon Tom. 3 in vita Michaelis . Anno 820. Anno 940. Witichindus gest . Saxon. lib. 1. Blend . Decad. 2. lib. 3. Crant . l. 4. c. 25 Sleydan lib. 1. hist. Anno 1519. Ambros Mor. lib. 11. cap. 17. hist. Hisp. praef. ejusdem Concilii . Conc. Tol. 4. cap. 74. Cap. 74. Conc. 5. c. 2 , 3 , 4 , 5. & Con. 6. cap. 16 , 17 , 18. Conc. Tol. 6. cap. 9. Amb. Morales lib. 13. cap. 2. Lib. 3. de lib. estat . fol. 238. Belf. hist. Fran. lib. 3. c. 20. in vita Phil. 1. Memoures du Fillet c. du Sacre des Roys . Belf. l. 3. c. 20. * Nephew to Philip 1. Anno 1179. Belf. in vita Augusti . Estev . Garibay lib. 22. c. 1. Holinsh . in his Chron. page 476 & 1005. Stow in vira Richard 2. in fine . 13. Oct. 1359. Stow in vita H. 6. pag. 709. Written ( as it is thought ) in the favor of the King of Navarra . Bell. Apol. Bell. Apol. cath. par . 2. §. 7. Apol. cath. par . 1. §. 7. Apol. pro . Rege . c. 6. & . 34. Apol. cath. par . 2. §. 7. Et pro Rege Cap. 9. Apol. pro . Rege cap. 20. Gen. 15. & 49. Deut. 21. & 15 2 Paral. 21. & 3. Exod. 3. & 2. Rom. 9. & 13. Gen. 28. & 27. Ger. du Haillan lib. 3. de l'Estat . p. 241. Polyd. lib. 22. hist. Angl. in vita Henr. 5. Stow in the beginning of the life of K. Henry 5. Sir Tho. Moor and Stow. Du Hail . l. 6. H. Anno 1001 Anno 1032. Anno 1061. Anno 1131 Anno 1180. 3 Reg. 1. Pol. & Stow in vita Hen. 2. Anno 1170 2 Reg. 2. & 22. 2 Reg. 2. & 5. Psal. 131. 2 Paral. 6. 3 Reg. 1. * Which though it seemeth to be wrought by humane means and policy , yet was it principally by the special instinct of God himself . 3 Reg. 12. Ambr. Morales l. 11. hist. c. 12. Ambr. Morales lib. 3. cap. 2. Moral . lib. 37. cap. 42 , 43 , 44. Garibay lib. 20 cap. 1. Concil. Tol. 5. cap. 5. Concil. Tol. 4. cap. 74. Episc. Tuyens lib. 1. hist. Lud. de Molin lib. du Hared . * Favila . Amb. Mor. l. 23 cap. 6. 9. & 10. sebast. . Episc. Salam . in hist. Hisp. Anno 768. Moral . lib. 13. cap. 17. Moral . cap. 21. * Who was of the Ecclesiastical Order , having been made Deacon . Mor. cap. 21. & 29. Anno 791. Anno 924. Mor. lib. ib. c. 1 Anno 924. Mor. l. 19. c. 20. Anno 930. Anno 954. Mor. l. 16. c. 24. Moral . lib. 17. cap. 1 , 2 , 3 , 4. * Suprà . Anno 1201. Garib . lib. 11. cap. 12. & 37. * Married to the Prince of Leon , by whom he had Fernando the St. of Castile . Gar. l. 13. c. 10. Anno 1207. * Sirnamed , De la Cerda , for that he was born with a great Gristle Hair on his Breast . * By Blancha , St. Lewis of France his Daughter . * For his Valor . Anno 1276. Anno 1284. Garibay lib. 15 cap. 1. Anno 1363. Garibay lib. 15 cap. 22. & l. 34 cap. 39. 1 Anno 419. 2 Anno 751. 3 Anno 988. Ger. du Hail . l. 3 Anno 768. Belf. lib. 2. c. 5. Paulus Aemil . hist. Franc. An. 814. Gerard lib. 5. An. 834. An. 840. An. 678. * Louys the 3d and Carloman the first . An. 881. An. 886. * Nephew to Charls le Chauve . An. 88. * Son to Louys le Begue . An. 927. Son to Charls le simple . * That sirname was given him when hee was a boy , for that hee was wont to snatch away his fellows caps from their heads . Belf. lib. 3. cap. 1. Anno 988. Gerard . lib. 6. Anno 988. Gerard lib. 6. Anno 1032 & 1037. Gerard lib. 7. Anno 1110. Belf. lib. 4. cap. 1. & lib. 5. Comineus in Comment . l. 1. in vita Lud. XI . Polyd. lib. 4. Hist. Angl. in fine An. 802. 872. Hee erected the Universitie of Oxford Polyd. lib. 5. Hist. Angl. Stone pag. 130 Anno 924. Polyd. l. 6. An. 946. An. 959. An. 978. By his first Wife . * He had two more , and one Daughter , wch died all without issue . By his second Wife , Imma , sister to Rich. Pake of Normandie , she had Edw. the Confessor and Alured , who at the coming of Sweno , fled with their Father into Normandie . Anno 1018. Anno 1038. Anno 1041. Polid. lib. 8. Anno 1066. Anno 1066. * and the same testified by his last Will . Ger. du Hail . l. 6 Anno 1065. Ger. Chron. Cassin lib. 3. cap. 34. Anton. part . 2. Chron. tit. 16. cap §. 2. Polyd. in vita Gal. Conq. An. 1087. An. 1100. 1135. An. 1153. * Called commonly , by the Frenchmen Jean sans terre . * Together with two daughters of his . 1216. * Henry 3. Ger. lib. 3. de l'Estat . p. 242. Gen. 8. Job . 1. Geneb . lib. 1. Cronal . de 1. Aetate . Gen. 25. & 29. Deut. 21. 2 Parel . 21. Cic. l. 1. quaest. Tuscul. & De Natura Deorum . lib. 1. Plut. adversus Colotem . Arist. lib. 7. Polit. cap. 8. * in the fourth Chapt. An. 560. Collat. 2. Novel . Constit . Justin . 8. tit. 3. 1 Cor. 7. Dig. l. 23. tit. 1 lib. 8. & 10. Act. 23. 1 Cor. 8. 2 Cor. 5. 1 Pet. 3. Rom. 4. 1 Cor. 8. & 10. S. Chryst . hom 36. in h. Epist. Orig. l. 10. Theod. in hunc locum . Notes for div A91489e-15810 1. 1. 2. II. III. IV. V. VI . Notes for div A91489e-24750 Answered ( S. 112 ) . Answered ( S. 113 ) . Answ . ( S. 111 ) Answ ( S. 114. ) 
A91487	----	Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. 1648 Approx. 329 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A91487 Wing P573 Thomason E521_1 ESTC R203152 99863214 99863214 115403 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91487) Transcribed from: (Early English Books Online ; image set 115403) Images scanned from microfilm: (Thomason Tracts ; 81:E521[1]) Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. Parsons, Robert, 1546-1610, attributed name. [2], 70, 73-80 p. printed by Robert Ibbitson, dwelling in Smithfield neere the Queens-head-Tavern, London : MDCXLVIII. [1648] By William Allen, Sir Francis Englefield, and others. "Robert Persons [Parsons], who is often credited with sole authorship of the work, probably played only a small part in its composition or revision"--Halkett & Laing (3rd ed.). "A republication of the first part of the Conference about the next succession to the crown of England, written by R. Parsons, under the name of Dolman."--BM Catalogue. Annotation on Thomason copy: "Doleman"; the final 'I' in the imprint has been crossed out, and replaced with a "7"; "ffebr. 3". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2008-07 John Latta Sampled and proofread 2008-07 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion SEVERALL SPEECHES Delivered At a Conference concerning the Power of Parliament , to proceed against their KING for MISGOVERNMENT . In which is Stated : I. That Government by blood is not by Law of Nature , or Divine , but only by humane and positive Laws of every particular Common-wealth , and may upon just causes be altered . II. The particular forme of Monarchies and Kingdomes , and the different Laws whereby they are to be obtained , holden , and governed in divers Countries , according as each Common-wealth hath chosen and established . III. The great reverence and respect due to Kings , and yet how divers of them , have been lawfully chastised by their Parliaments and Common-wealths for their misgovernment , and of the good and prosperous successe that God commonly hath given to the same . IV. The lawfulnesse of proceeding against Princes : what interest Princes have in their Subjects goods or lives : how Oathes do binde , or may be broken by Subjects towards their Princes : and finally the difference between a good King and a Tyrant . V. The Coronation of Princes , and manner of their admitting to their authority , & the Other which they doe make in the same , unto the Common-wealth for their good Government . VI. What is due to onely Succession by birth , and what interest or right an Heire apparent hath to the Crown , before he is Crowned or admitted by the Common-wealth , and how justly he may be put back , if he have not the parts requisite . VII . How the next in succession by propinquity of blood , have often times been put back by the Common-wealth , and others further off admitted in their places , even in those Kingdoms where succession prevaileth , with many examples of the Kingdomes of Israel , & Spaine . VIII . Divers other examples out of the States of France and England , for proofe that the next in blood are sometimes put back from succession , and how God hath approved the same with good successe . IX . What are the principall points which a Common-wealth ought to respect in admitting or excluding their King , wherein is handled largely also of the diversity of Religions , and other such causes . LONDON , Printed by Robert Ibbitson , dwelling in Smith field neere the Queens-head-Tavern . MDCXLVIII . The first Speech . THe Examples of a mad or furious Heir apparent , or of one that were by Education a Turke or Moor in Religion , or by Nature deprived of his Wit or Senses , do plainly prove that propinquity of Birth or Bloud alone , without other circumstances , is not sufficient to be preferred to a Crown ; for that no Reason or Law , Religion or Wisedom in the World , can admit such Persons to the Government of the Common-wealth by whom no good , but destruction may be expected to the same , seeing that Government was ordeined for the benefit of the Weal-publique , and not otherwise . And though some in these our Dayes have affirmed the contrary , and published the same in writing for the defence , flattery , or advancement of the Prince they favour , affirming that even a fool , mad or furious man , or otherwise so wicked as he would endeavour to destroy the Common-wealth , were to be admitted to the Seat Royal , without further consideration , if he be next in Bloud ; yet this is manifestly agaist all reason and conscience , and against the very first end and purpose of institution of Common-wealths , and Magistrates . Hereof it doth ensue , that some other Conditions also must needs be requisite , for coming to Government by Succession , besides the onely propinquity or priority in Bloud , and that the Conditions must be assigned and limited out by some higher Authority than is that of the Prince himselfe , who is bound and limited thereby , and yet it seemeth evident they are not prescribed by any Law of Nature or Divine , for that then they should be both immutable and the selfe-same in all Countries , ( as God and Nature are one , and the same to all , without change ) where notwithstanding we see , that these Conditions and Circumstances of succeeding by Birth , are divers or different in different Countries , as also they are subject to changes according to the diversity of Kingdomes , Realmes , and People , whereby we are forced to conclude that every particular Countrey and Common-wealth hath prescribed these Conditions to it selfe , and hath Authority to do the same . For better proof whereof , it is first of all , to be supposed , that albeit sociability or inclination to live together in company , Man with Man , ( whereof ensueth both City and Common-wealth , as Aristotle gathereth in his first Book of Politiques ) be of Nature , and consequently also of God , that is Authour of Nature : though Government in like manner and jurisdiction of Magistrates which do follow necessarily upon this living together , in company ; be also of Nature , yet the particular Forme or manner of this or that Government , in this or that Fashion , as to have many Governours , few , or one , and those either Kings , Dukes , Earles , or the like : or that they should have this or that Authority more or lesse , for longer or shorter time , or be taken by Succession or Election , themselves and their Children , or next in Bloud : all these things ( I say ) are not by Law either Natural or Divine , ( for then as hath been said , they should be all one in all Countries and Nations , seeing God and Nature is one to all ) but they are ordained by particular positive Lawes of every Countrey . But now that sociability in Mankinde , or inclination to live in company ; is by Nature , and consequently ordained by God , for the common benefit of all , is an easie thing to prove : seeing that all ground of Realmes and Common-wealths dependeth of this point , as of their first Principle , for that a Common-wealth is nothing else but the good Government , of a Multitude gathered together , to live in one , and therefore all old Philosophers , Law-makers , and Wise men , that have treated of Government or Common-wealths , as Plat● in his ten most excellent Bookes , which he wrote of this matter intituling them of the Common-wealth , Plato de repub . Cicero de repub . Arist. Polit. And Marcus Cicero that famous Councellour in other six Books that he writ of the same matter , under the same Title . And Aristotle that perhaps excelleth them both , in eight Bookes which is called his Politiques , All these ( I say ) do make their entrance to treat of their Common-wealth affaires , from this first Principle , to wit , That man by Nature is sociable , and inclined to live in company : whereof do proceed first , all private Houses , then Villages , then Townes , then Cities , then Kingdomes , and Common-wealths . This ground and Principle then do they prove by divers evident reasons , as first , for that in all Nations , never so wilde and barbarous , we see by experience that by one way or other , they endeavour to live together , either in Cities , Townes , Villages , Caves , Woods , Tents , or other like manner , according to the Custome of each countrey , Pompon , Mela. lib. 3. cap. 3 , 4. Tacit. lib. 8. which universal instinct could never be in all , but by impression of Nature it selfe . Secondly , they prove the same , by that the use of speech is given to Man for this end and purpose ; for that little available were this priviledge of speaking , if Men should live alone , and converse with none , Arist. l. 1. pol. c. 1 , 2 , 3 , 4. Thirdly , not onely Aristotle but Theophrastus , also Plutarch , and others do confirme the same , Theoph. lib. de Plaut . Plutarch . Com. de fortuna , & lib. de pietatem in parent . by the poor estate and condition , wherein Man is borne , more infirme than any other creature , though by creation hee bee Lord and Governour of all the rest ; for whereas each other creature is borne in a certaine sort armed and defended in it selfe , as the Bull with his hornes , the Boar with his tuske , the Bear and Wolfe , with their teeth , the Bird with her feathers against cold , and with her wings to flie away , the Hart and Hare with their swiftnesse , and the like , onely Man is borne feeble and naked , not able to provide or defend himselfe in many yeares , but onely by the helpe of others , which is a token that he is borne to live in company , and to he holpen by others , and this not onely for his necessity and helpe at his beginning whiles he is in this imbecility , but also for his more comodious living in the rest of his dayes afterwards , seeing no Man of himselfe is sufficient for himselfe , and he that liveth alone can have no benefit of others , or do any to others ; wherefore wittily said Aristotle in the second chapter of his first Book of Politiques , That he which flieth to live in society is Deus aut Bellua , a God or a beast : for that either he doth it because he hath no need of any , which is proper to God , or else for that he will do good to none , and feeleth not that natural instinct , which Man hath to live in conversation , which is a signe rather of a Beast than of a Man. Cicero doth adde another reason for this purpose , to wit , the use of certain principal vertues given unto Man , but principally justice and friendship , which should be utterly in vain , and to no utility , if Man should not live in company of others , for seeing the office of justice is to distribute to every one his own : where no number is , there no distribution can be used , as also neither any act of friendship , which yet in the society of Man is so necessary and usuall , saith this excellent Man , Vt nec aqua , nec igne , nic ipso sole pluribus in locis utamur , quàm amicitia , Cicero lib. de amîcitiâ . That we use neither water nor fire nor the Sun it selfe in more places or occasions than friendship . And to this effect , of using friendship , love and charity the one towards the other , do Christian Doctours also , and especially Augustine in his Book of friendship , reduce the institution of this natural instinct of living in company : Aug. lib. de amicitia . Which seemeth also to be confirmed by God himselfe in those words of Genesis , Dixit quoque Dominus Deus ; non est bonum hominem esse solum , faciamus ei adjutorium , simile sibi , Gen. 2. 18. God said , It is not good that Man should be alone , let us make unto him an helpe or assistant like unto himselfe , of which words is deduced , that as this first society of our first Parents , was of God , and for so great purpose as here is set down , the one to be holpen by the other ; so all other societies in like manner which grow of this first , stand upon the same ground of God's Ordination for the selfe same end of Mans utility . And I have beene the longer in speaking of this naturall instinct to society , for that it is the first fountaine of all the rest , that ensueth in a common-wealth : for of this come , families , villages , townes , castles , cities and common-wealthes , all which Aristotle , doth prove to be of nature , for that this first inclination to live to gether ( whereof all those other things do spring ) is of nature . Out of this , is the second poynt before mentioned deduced , to wit , that government also , superiority , and jurisdiction of magistrates , is likewise of nature , for that it followeth of the former , and seeing that it is impossible for men to live together with help and commodity of the one , to the other , except there be some Magistrate or other to keep order among them , without which order there is nothing els to be hoped for as Job sayeth , but horrour and confusion , Job . 10. v. 12. as for example , wheresoever a multitude is gathered tegether , if there bee not some to represse the insolent , to assist the impotent , reward the vertnous , chasten the outragious and minister some kind of justice and equality unto the inhabitants : their living together would be farre more hurtfull , then their living asunder , for that one would consume and devour the other , and so we see , that upon living together followeth of necessity some kind of jurisdiction in Magistrats , and for that the former is of nature , the other also is of nature . All which is confirmed also by the consent and use of all nations throughout the world , which generall consent , Cicero calleth , ipsius vocem naturae the voice of nature herselfe : Cicero li. 1. de natura Deorum , for there were never yet nation found either of ancient time or now in our dayes , by the discovery of the Indies , or else where , among whom men living together , had not some kind of Magistrate or superiour , to governe them , which evidently declareth that this point of Magistrates is also of nature , and from God that created nature , which poynt our civill law doth prove in like manner in the very beginning of our digests , where the second title of the first booke is , de origine juris civilis & omnium magistratuum , Lib. 1. digest , tit . 2. of the beginning of the civill law and of all magistrates which beginning is referred to this first principle , of naturall instinct and Gods institution : And last of all , that God did concurre also expresly with this instinct of nature , our Divines doe prove by cleare testimony of holy scripture , as when God saith to Solomon , by me Kings doe reigne , Prov. 8. and Paul to the Romans avoucheth , that authority is not but of God , and therefore he which resisteth authority resisteth God , Rom. 13. Which is to bee understood of authority , power or jurisdiction in it selfe , according to the first institution , as also when it is lawfully laid upon any person , for otherwise when it is either wrongfully taken or unjustly used , it may be resisted in divers cases , for then it is not lawfull Authority . These two points then are of Nature , to wit , the Common-wealth , and Government of the same by Magistrates , but what kinde of Government each Common-wealth will have , whether Democratia , which is popular Government by the People it selfe , as Athens , Thebes , and many other Cities of Greece had in old time , and as the Cantons of Switzers at this day have : or else Aristocratia , which is the government of some certain chosen number of the best , as the Romans many yeares were governed by Consuls and Senatours , and at this day the States of this countrey of Holland do imitate the same : or else Monarchia , which is the Regiment of one ; and this again either of an Emperour , King , Duke , Earle , or the like : these particular Formes of Government ( I say ) are not determined by God or Nature , as the other two points before , ( for then they should be all one in all Nations , as the other are , seeing God and Nature are one to all ) but these particular Formes are left unto every Nation and countrey to chuse that Forme of Government , which they shall like best , and thinke most fit for the Natures and conditions of their People , which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kindes of Governments in his dayes , as namely in Greece that of the Milesians , Lacedemonians , Candians , and others , and shewing the causes of their differences , which he attributeth to the diversity of Mens Natures , customes , educations and other such causes that made them make choice of such or such Forme of Government . And this might be proved also by infinite other Examples both of times past and present , and in all Nations and countries both Christian and otherwise , which have not had onely different fashions of Governments the one from the other , but even among themselves at one time , one Forme of Government , And another at other times ; for the Romans first had Kings , and after rejecting them for their evil Government , they chose Consuls , which were two Governours for every Year , whose Authority yet they limited by a multitude of senatours , which were of their counsel , and these Mens power was restrained also by adding Tribunes of the People , and sometimes Dictatours , and finally they came to be governed last of all by Emperours . The like might be said of Carthage in Africa , and many Cities and Common-wealthes of Grece , which in divers seasons , and upon divers causes have taken different Formes of Government to themselves . The like we see in Europe at this day , for in onely Italie , what different Formes of Government have you ? Naples hath a King for their Soveraigne , Roma the Pope , and under him one Senatour in place of so many as were wont to be in that Common-wealth . Venice and Genua have Senatours and Dukes , but little Authority have their Dukes . Florence , Farara , Mantua , Parma , Vrbin , and Savoy , have their Dukes onely without Senatours , and their power is absolute . Milan was once a Kingdom but now a Dukedom , the like is of Burgundy , Lorain , Bavire , Gasconie , and Britaine the lesser , all which once had their distinct Kings , and now have Dukes for their supreme Governours . The like may be said of all Germany , that many Yeares together had one King over all , which now is divided into so many Duke ●omes , Earldomes , and other like Titles of Supreme Princes . But the contrary is of Castile , Aragon , Portugal , Barcelona , and other Kingdomes this day in Spain , which were first Earldomes onely , and after Dukedomes , and then Kingdomes , and now again are all under one Monarchy . The like is of Bohemie and Polonia , which were but Dukedomes in old time , and now are Kingdomes . The like may be said of France also after the expulsion of the Romans , which was first a Monarchy under Pharamond their first King , and so continued for many Yeares under Clodion , Meronys , Childrik , and Clodovaus , their first christened Kings , but after they divided it into four Kingdomes , to wit , one of Paris , another of Suessons , the third of Orleans , and the fourth of Metts , and so it continued for divers yeares , but yet afterwards they made it one Monarchy again . England also was first a Monarchy under the Britaines , and then a Province under the Romans , and after that divided into seven Kingdomes at once under the Saxons , and now a Monarchy again under the English , and all this by Gods permission and approbation , who in token thereof , suffered his own peculiar People also of Israel to be under divers manners of Governments in divers times , as first under Patriarchs , Abraham , Isaac , and Jacob ; then under Captaines , as Moses , Joshua , and the like ; then under Judges , as Othoniel , Aiod , and Gideon ; then under high Priests , as Heli and Samuel ; then under Kings , as Saul , David , and the rest ; and then under Captaines and high Priests again , as Zorobabel , Judas , Machabeus , and his Brethren , untill the Government was lastly taken from them , and they brought under the power of the Romans , and forreigne Kings appointed by them . So as of all this , there can be no doubt , but that the Common-wealth hath power to chuse their own fashion of Government , as also to change the same upon reasonable causes , as we see in all times and Countries , and God no doubt approveth what the Realme determineth in this point , for otherwise nothing could be certain , for that of these changes doth depend all that hath succeeded . In like manner , is it evident , that as the Common-wealth hath this Authority to chuse and change her Government , so hath she also to limit the same with what Lawes and conditions she pleaseth , whereof ensueth the great diversity of Authority and power which each one of the former Governments hath , as for example , the Consuls of Rome were but for one year , other Officers and Magistrates were for more or lesse time , as their Common-wealth did a lot them . The Dukes of Venice at this day are for their lives ( except in certain cases wherein they may be deposed ) and those of Genua onely for two yeares , and their power is very small and much limited , and their Heires have no claime or pretence at all after them to that Dignity , as the children and next of kin of other Dukes of Italy have , though in different sort also , for that the Dukedomes of Ferara , Vrbin , and Parma , are limited onely to Heires male , and for defect thereof to return to the Pope or Sea of Rome : Florence , and Mantua , for like defects are to returne to the Empire , and do not passe to the Heires female , or to the next of kin , as Savoy and some others do . And now if we respect God and Nature , as well might all these Governments follow one Law , as so different , for that neither God nor Nature prescribeth any of these particular Formes , but concurreth with any that the Common-wealth it selfe appointeth , and so it is to be believed , that God and Nature concurred as well with Italy when it had but one Prince , as now when it hath so many ; and the like with Germany , and also with Swizerland , which once was one Common-wealth onely under the Dukes and Marquesses of Austria , and now are divided into thirteen Cantons or Common-wealths under popular Magistrates of their own , as hath been said ; so as when Men talke of a natural Prince or natural Successour ( as many times I have heard the word used ) if it be understood of one that is borne in the same Realme or Countrey , and so of our own natural Bloud , it hath some sense , though he may be both good or bad , ( and none hath been worse or more cruel many times than home-borne Princes : ) but if it be meant as though any Prince had his particular Government or interest to succeed by institution of Nattre , it is ridiculous , for that Nature giveth it not as hath been declared , but the particular constitution of every Common-wealth within it selfe . The second Speech . FIrst of all is to be considered , that of all other Formes of Government the Monarchy of King in it selfe , appeareth to be the most excellent and perfect , and so do hold not onely Aristotle in his fore-named Bookes of Politiques , and namely in his third ( with this onely condition that he governe by Lawes ) but Seneca also and Plutarch in his Morals , and namely in that special Treatise wherein he discusseth , An sens sit Respub , tracta●●da , whether an old man ought to take upon him the Government of a Common-wealth or no ; where he saith that , Reg●um inter omnes respub . consummatissima & prima est , a Kingdom is the most perfect Common-wealth among all other , and the very first , that is to say , the most perfect , for that it hath most commodities and least inconveniences in it selfe of any other Government , and it is the first of all other ; for that all People commonly made their choise at the beginning of this kinde of Government , so as of all other it is most ancient ; for so we reade that among the Syrians , Medes , and Persians ; their first Governours were Kings ; and when the children of Israel did aske a King at the hands of Samuel , 1 Reg. 8. which was a thousand yeares before the coming of Christ , they alledged for one reason , that all Nations round about them had Kings for their Governours , and at the very same time , the chiefest Cities and Common wealths of Greece , as the Lacedemonians , Athenians , Corinthians , and others , whereof divers afterwards took other Governments unto themselves , for the abuses in kingly Government committed , at that time were governed by Kings , as at large proveth Dyanisius Halicarnasseus , Coruelius Tacitus , Cicero , and others . Dyonis . Hal. l. 5. Cornel. Tac. l. 3. Cic. l. 1. Offic. The Romans also began with Kings , as before I have noted , and the reason of this is , for that as our Christian Doctours doe gather , ( especially Hierome and Chrisostome , Hierom. l. 2. Epist . 12. Chrisost . hom . 23. ) this kinde of Government resembleth most of all the Government of God , that is but one : it representeth the excellency of one sun that lightneth all the Planets , of one soul in the body that governeth all the powers and members thereof , and finally they shew it also to be most conforme unto Nature , by example of the Bees which do choose unto themselves a King , and do live under a Monarchy , as the most excellentest of all other Governments , to which purpose also I have heard alleadged sometimes by divers those words of Peter , Subjecti estote omni humanae creaturae propter Deum , sint Regi quasi precellenti , sive ducibus ab co missis , &c. 1 Pet. 2. Be you subject to every humane creature for God's cause , whether it be to a King , as the most excellent , or to Dukes sent by God for the punishment of evil men and praise of the good : cut of which words some do note two points , first , that as on the one side the Apostle doth plainly teach , that the Magistrates Authority is from God by his first institution , in that he saith , We must be subject to them for God's cause ; so on the other side , he calleth it a humane creature , or a thing created by man , for that by man's free choice this particular Forme of Government ( as al other also ) is appointed in every Common-wealth , and that by mans election and consent , the same is laid upon some particular man or woman , according to the Lawes of every Countrey , all which maketh it rightly to be called both a humane creature , and from God. The second point which divers do note out of these words , is , that Peter calleth a King most excellent , which though it may be understood in respect of the Dukes Authority , whereof immediately there followeth mention ; yet may it seem also to be taken and verified of kingly Authority in respect of all other Governments , seeing that at this time when the Apostle wrote this Epistle , the chief Governour of the world was not called King but Emperour , and therefore seeing in such a time Peter affirmeth the state of kingly Government to be most excellent , it may seem he meant it absolutely , signifying thereby that this is the best kinde of Government among all others , though to confesse the truth between the Title of King and Emperour there is little or no difference in substance , but onely in name , for that the Authority is equal , every King is an Emperour in his own Kingdom . And finally the excellency of this Government above all other , is not onely proved by the perfection thereof in it selfe , as for that it is most ancient , simple , and conforme unto Nature , and most resembling the Government of God himselfe , as hath been said , but by the effects also and utility that it bringeth unto the Subjects , with farre lesse inconveniences than any other Forme of Government whatsoever if we compare them together ; for in the Monarchy of one King , there is more unity , agreement and conformity , and thereby also celerity commonly in dispatching of businesses , and in defending the Common-wealth , than where many Heads be ; lesse passions also , in one man than in many ; as for example , in Demecratia , where the common people do bear the chief sway , which is Bellua multorum capitum , as Cicero wisely said , that is , a Beast of many heads . Cicero l. 1. Offic. Democratis . There is nothing but sedition , trouble , tumults , outrages , and injustices committed upon every little occasion , especially where crafty and cunning men may be admitted to incense or asswage them with sugred words , such as were the Oratours in Athens , and other Cities of Greece , that had this Government , and the Tribunes of the People of Rome , and other such popular and plausible men , who could move the waves , raise up the windes , and inkindle the fire of the vulgar Peoples affections , passions or furies at their pleasure , by which we see that of all other Common wealths , these of popular Government , have soonest come to raine , which might be shewed not onely by old examples of Greece , Asia , and Africa , but also of many Cities of Italy , as Florence , Bolonia , Siena , Pisa , Arezzo , Spoleto , Perugio , Padua , and others , which upon the fall or diminution of the Roman Empire ( under which they were before ) took unto themselves popular Governments , wherein they were so tossed with continual sedition , mutinies , and banding of Factions , as they could never have end thereof , untill after infinit murders , massacres , and inundation of bloud , they came in the end to be under the Monarchy of some one Prince or other , as at this day they remain : so that of all other Governments this is the worst . The second Forme , which is called Oligarchia or Aristocratia ( for that a few and those presumed to be the best , are joyned together in Authority ) as it doth participate something of both the other Governments , to wit , of Monarchia and Democratia , or rather tempereth them both : so hath it both good and evil in it , but yet inclineth more to the evil , for the dis-union that commonly by man's infirmity and malice is among those Heads , for which cause the States before named of Venice and Genua , which were wont to have simply this Government of Aristocratia , in that their Regiment was by certain chose Senatours , were enforced in the end to chuse Dukes also , as Heads of their Senates , for avoiding of dissention , and so they have at this day , though their Authority be but small , as hath been said . We see also by the examples of Carthage and Rome , where Government of Aristocratia took place , that the division and factions among the Senatours of Carthage , was the cause why aid and succour was not sent to Hannibal their Captain in Italy after his so great and important victory at Cannas , which was the very cause of the saving of the Roman Empire , and the losse of their own : and also afterwards the emulations , discord , and dis union of the Roman Senatours among themselves in the affaires and contentions of Marius and Sylla , and of Pompry and Caesar , was the occasion of all their destruction , and of their Common-wealth with them . Tit. Liv. l. 30. Entrop l. 3. Oros . l. 5. & 6. Evident then it is , that of all other Governments the Monarchy is the best , and least subject to the inconveniences that other Governments have , and if the Prince that governeth alone , and hath supreme authority to himselfe , as he resembleth God in this point of sole Government , so could he resemble him also , in wise , discreet , and just Government , and in ruling without passion ; no doubt , but that nothing more excellent in the World could be desired for the perfect felicity of his Subjects : but for that a King or Prince is a man as others be , and thereby not onely subject to errours in judgement , but also to passionate affections in his will : for this cause , it was necessary that the Common-wealth , as it gave him this great power over them , so it should assigne him also the best helpes that might be , for directing and rectifying both his will and judgement , and make him therein as like in Government to God , whom he representeth , as man's frailty can reach unto . For this consideration they assigned to him first of all the assistance and direction of Law , whereby to governe , which Law Aristotle saith , Est meus quaelam nulle perturbata affectu , Arist . l. 3. Pol. c. ult . It is a certain minde disquieted with no disordinate affection , as mens mindes commonly be , for that when a Law is made , for the most part , it is made upon due considlration and deliberation , and without perturbation of evil affections , as anger , envy , hatred , rashnesse , or the like passions , and it is referred to some good end and commodity of the Common-wealth , which Law being once made , remaineth so still without alteration or partial affection , being indifferent to all , and partial to none , but telleth one tale to every man ; and in this it resembleth the perfection as it were of God himselfe , for the which cause the said Philosopher in the same place addeth a notable wise saying , to wit , That he which joyneth a Law to governe with the Prince , joyneth God to the Prince , but be that joyneth to the Prince his affection to governe , joyneth a beast . Ar. l. 3. Pol. c. 12. For that mens affections and concupiscences are common also to Beasts : so that a Prince ruling by Law is more than a man , or a man deified , and a Prince ruling by affections , is lesse than a man , or a man brutified . In another place also the same Philosopher saith , that a Prince that leaveth Law and ruleth himselfe and others by his own appetite and affections , Of all creatures is the worst , and of all beasts is the most furious and dangerous . Arist . l. 1. Pol. c. 2. For that nothing is so outragious , as injustice armed , and no armour is so strong , as wit and authority . whereof the first he hath in that he is a man , and the other in that he is a Prince . For this cause then all Common-wealths have prescribed Lawes unto their Princes , to govern thereby , as by a most excellent , certain and immutable rule ; to which sense Cicero said , Leges sunt inventae ut omnibus semper una & eadem voce loquerentur ; Lawes were invented to the end they should speak in one and the selfe same sense to all men Cic. l. 2. Offic. For which very reason in like manner these Lawes have been called by Philosophers a rule or square , inflexible , and by Aristotle in particular , a minde without passion , as hath been said , but the Prophet David who was also a Prince and King , seemeth to call it by the name of Discipline , for that as Discipline doth keep all the parts of a man or of a particular house in order , so Law well ministred keepeth all the parts of a Common-wealth in good order , and to shew how securely God exacteth this at all Princes hands , he saith these words , And now learn ye Kings and be instructed , ye that judge the World , serve God in fear , and rejoyce in him with trembling , imbrace ye discipline , least he enter into wrath , and so ye perish from the way of righteousnesse . Psal . 2. Which words being uttered by a Prophet and King do contain divers points of much consideration for this purpose ; as first , that Kings and Princes are bound to learne Law and Discipline : and secondly , to observe the same with great humility and fear of Gods wrath : and thirdly , that if they do not , they shall perish from the way of righteousnesse , as though the greatest plague of all to a Prince were to lose the way of righteousnesse , law and reason in his Government , and to give himselfe over to passion , and his own will , whereby they are sure to come to shipwracke : and thus much of the first helpe . The second helpe that Common-wealths have given to their Kings and Princes , especially in later Ages , hath been certain Councels and Councelours with whom to consult in matters of most importance , as we see the Parliaments in England and France , the Courts in Spain , and Diets in Germany , without which no matter of great moment can be concluded ; and besides this , commonly every King hath his Privy Councel , whom he is bound to hear , and this was done to temper somewhat the absolute forme of a Monarchy , whose danger is by reason of his sole Authority to fall into tyranny , as Aristotle wisely noteth in his fourth Book of Politiques , shewing the inconvenience or dangers of this Government ; which is the cause that we have few or no simple Monarchies now in the World , especially among Christians , but all are mixt lightly with divers points of the other two formes of Government also ; and namely in England all three do enter more or lesse ; for in that there is one King or Queen , it is a Monarchy ; in that it hath certain Councels which must be heard : it participateth of Aristocratia , and in that the Commonalty have their voyces and Burgesses in Parliament , it taketh part also of Democratia , or popular Government , All which linitations of the Princes absolute Authority , as you see , do come from the Common-wealth , as having authority above their Princes for their restraint to the good of the Realme . From like Authority , and for like considerations have come the limitations of other Kings and kingly power in all times and Countries , from the beginning , both touching themselves and their posterity and successours , as briefly in this place I shall declare . And first of all , if we will consider the two most renowned and allowed States of all the World , I mean of the Romans and Grecians , we shall finde that both of them began with Kings , but yet with farre different Lawes and restraints about their Authorities ; for in Rome the Kings that succeeded Romulus their first Founder , had as great and absolute Authority as ours have now a dayes , but yet their children or next in bloud succeeded them not of necessity , but new Kings were chosen partly by the Senate , and partly by the people , as Titus Livius testifieth , Livil . 1 dec . 1. So as of three most excellent Kings that ensued immediatly after Romulus , to wit , Numa Pompilius , Tullius Hostilius , and Tarquinius Priscus , none of them were of the Bloud Royal , nor of kin the one to the other , no nor yet Romans borne , but chosen rather from among strangers , for their vertue and valour , and that by election of the Senate and consent of the People . In Grecce , and namely among the Lacedemonians , which was the most eminent Kingdom among others at that time , the succession of children after their fathers was more certain , but yet Aristotle noteth , Arist . l. 2. c. 8. Pol. Plutarch . in Lycurg . Their authority and power was so restrained by certain Officers of the people named Ephori ( which commonly were five in number ) as they were not onely checked and chastened by them , if occasion served , but also deprived and somtimes put to death ; for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings : but yet hereby we see what authority the Common-wealth had in this case , and what their meaning was in making Lawes , & restraining their Kings power , to wit , thereby the more to binde them to do justice , which Cicero in his Offices uttereth in these words , Justitiae fruendae causa apud majores nostros & in Asia , & in Europa bene morati Reges olim sunt constiti , &c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur , inventae sunt leges . Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe , to the end thereby to obtain justice , but when men could not obtain equal justice at one mans hands , they invented Lawes . The same reason yeildeth the same Philosopher in another place , not onely of the first institution of Kingdomes , but also of the change thereof again into other Government , when these were abused . Omnes antiquae gentes regibus quondam paruerunt , &c. Cic. l. 3. de legibus . That is , All old Nations did live under Kingdomes at the beginning , which kinde of Government first they gave unto the most just , and wisest men which they could finde , and also after for love of them , they gave the same to their posterity or next in kin , as now also it remaineth where kingly Government is in use : but other Countries which liked not that forme of Government , and have shaken it off , have done it not that they will not be under any , but for that they will not be ever under one onely . Thus far Cicero , and speaketh this principally in defence of his own Common-wealth I mean the Roman : which had cast off that kinde of Government , as before hath been said , for the offence they had taken against certain Kings of theirs , and first of all , against Romulus himselfe their first Founder , for reigning at his pleasure without law , as Titus Livius testifieth , for which cause the Senatours at length slew him , and cut him in small pieces . And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King , for that he gat the Crown by fraud and not by Election of the Senate , and special approbation of the people , as he should have done : but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius , sirnamed the proud , who for that he neglected the Lawes of Government prescribed to him by the Common-wealth , as namely in that he consulted not with the Senate in matters of great importance , and for that he made War and Peace of his own head , and for for that he appointed to himselfe a Guard , as though he had mistrusted the People , and for that he did use injustice to divers particular men , and suffered his children to be insolent , he was expelled with all his posterity , and the Government of Rome changed from a Kingdom unto the Regiment of Consuls , after two hundred yeares that the other had endured . And thus much of those Kingdomes of Italy and Greece : and if likewise we will look upon other Kingdomes of Europe , we shall see the very same , to wit , that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth , both for their Government , Authority , and Succession in the same : for if we behold the Roman Empire it selfe , as it is at this day annexed to the German Electours , though it be first in Dignity among Christian Princes , yet shall we see it so restrained by particular Lawes , as the Emperour can do much lesse in his State than other Kings in theirs , for he can neither make War , nor exact any contribution of men , or money , thereunto , but by the free leave and consent of all the States of the German Die● or Parliament , and for his children or next in kin , they have no action , interest , or pretence at all to succeed in their Fathers Dignity , but onely by free Election , if they shall be thought worthy nay , one of the chiefest points that the Emperour must swear at his entrance , as Sleydan writeth , Sleydan l. 8. Anno 1532. is this , That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family , but leave it unto the seven Electours free in their power , to chuse his Successour , according to the Law made by the Pope ●regory the fifth , and the Emperour Charles the fourth in this behalfe . Blond . Dicad . 2. l. 3. Crant . l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion , both for their restrant of power , and succession to their Kings . For first touching their Authority , they have great limitation , neither can they do any thing of great moment , without the consent of certain principal men called Palatines or Castellians , neither may their children or next of Bloud succeed except they be chosen , as in the Empire . Herbert . l. 9. Hist . Pol. Cromerus l. 3. Hist . Polon . In Spain , France , and England , the priviledges of Kings are farre more eminent in both these points , for that both their Authority is much more absolute , and their next in Bloud do ordinarily succeed , but yet in different manner ; for as touching authority , it seemeth that the Kings of Spain and France , have greater than the King of England , for that every ordination of these two Kings is Law in it selfe , without further approbation of the Common-wealth , which holdeth not in England , where no general Law can be made without consent of Parliament ; but in the other point of Succession , it appeareth that the restraint is farre greater in those other two Countries than in England , for that in Spain the next in Bloud cannot succeed be he never so lawfully descended , but by a new approbation of the Nobility , and States of the Realme , as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth , Concil . blet . 4. c. 74. & coneil . s . c. 3. In confirmation whereof we see at this day , that the King of Spain's own son , cannot succeed nor be called Prince , except he be first sworne by the said Nobility and States in token of their new consent ; and so we have seen it practised in our dayes towards three or four of king Philips children , which have succeeded the one after the other in the Title of Princes of Spain , and at every change a new Oath required at the Subjects hands , for their admission to the said Dignity , which is not used in the Kings children of France or England . In France the World knoweth , how Women are not admitted to succeed in the Crown be they never so near in Bloud , neither any of their Issue , though it be Male ; for which cause I doubt not but you remember how King Edward the third of England , though he were son and heir unto a daughter of France , whose three brethren were kings , and left her sole heir to her father king Philip the fourth sirnamed the Fair , yet was he put by the Crown , Anne 1340. Anil . hist . Franc. l. 2. Gerard. du Haylan . l. 14. hist . Franc. as also was the king of Navar at the same time , who was son and heir unto this womans eldest brothers daughter , named Lewis Huttin king of France , ( which king of Nav●r thereby seemed also to be before king Edward of England ) but yet were they both put by it , and Philip de Vallois , a brothers son of Philip the fair , was preferred to it , by general decree of the States of France , and by verdict of the whole Parliament of Paris , gathered about the same affaires . Franc. Belfor . l. 5. c. 1. Anno 1327. Neither did it avail , that the two kings aforesaid alleadged , that it was against reason and conscience , and custome of all Nations , to exclude women , from the Succession of the Crown which appertained unto them by propinquity of Bloud , seeing both Nature and God hath made them capable of such Succession every where , as it appeareth by example of all other Nations , and in the old Testament among the people of God it selfe , where we see Women have been admitted , unto kingdomes by succession , but all this ( I say ) prevailed not , with the French as it did not also since for the admission of Dona Isabella Eugenia Clara , Infanta of Spain , unto the said Crown of France , though by dissent of Bloud there be no question of her next propinquity , for that she was the eldest childe of the king's eldest sister . The like exclusion was then made against the prince of Lorain , though he was a man and nephew to the king , for that his Title was by a Woman , to wit , his mother , that was younger sister unto king Henry of France . And albeit the Law called Salica by the French-men , by vertue whereof they pretend to exclude the Succession of Women , be no very ancient Law , as the French themselves do confesse , and much lesse made by Pharamond their first king , or in those ancient times as others without ground do affirme . Gerard. du Hail . l. 13. hist . Fra●c . & Anno 1317. & l. 14. Anno 1328 & l. 3. de l'Estat defrunce . Yet do we see that it is sufficient , to binde all Princes and Subjects of that Realme , to observe the same , and to alter the course of natural Discent , and nearnesse of Bloud , as we have seen , and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown , though in nearnesse of Bloud they were farther off , by many degrees from king Henry the third , than either the foresaid Infanta of Spain , or the prince of Lorain , who were children of his own sisters , which point yet in England were great disorder , and would not be suffered , for that our Lawes are otherwise , and who made these Lawes , but the Common-wealth it selfe . By all which we see that divers Kingdomes , have divers lawes and customes in the matter of succession , and that it is not enough for a man to alleage bare propinquity of blood , thereby to prevaile , for that he may be excluded or put back by divers other circumstances , for sundry other reasons which afterward we shall discusse . Yea , not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations , but also to dispossesse them that have bin lawfully put in possession , if they fulfill not the lawes and conditions , by which and for which , their dignitie was given them . Which point as it cannot serve for wicked men to be troublesome unto their Governours , for their own interests or appetites , so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne , not onely by the grounds and reasons before alleaged , but also by those examples of the Romans and Grecians already mentioned , who lawfully deposed their Kings upon just considerations , and changed also their Monarchie and Kingly Government , into other forme of regiment , And it might be proved also , by examples of all other nations , and this perhaps with a circumstance which every man considereth not , to wit , That God hath wonderfully concurred ( for the most part . ) with such juditiall acts of the common-Wealth against their evill Princes , not onely in prospering the same , but by giving them also commonly some notable successor in place of the deposed , thereby hath to justify the fact , and to remedy the fault of him that went before . I am far from the opinion of those people of our dayes , or of old , who make so little account of their duty towards Princes , as be their title what it will , yet for every mislike of their owne they are ready to band against them wheresoever they thinke they may make their party good , inventing a thousand calumniations for their discredit without conscience or reason , whom in deed I do thinke to have little conscience or none at all but rather to be those whom the Apostles Peter and Jude did speake of when they said . Novit Dominus iuiquos in diem judicii reservare , cruciandos , magis autem eos qui dominitionem contemnunt , audaces , sbi placentes , &c. 2 Pet 2 10. J●de 8. God knoweth how to reserve the wicked unto the day of judgement , there to be tormented , but much more those which do contemne domination or government , and are bold and liking of themselves . Nay further , I am of opinion , that whatsoever a Princes Title be , if once he be settled in the Crown , and admitted by the Common-wealth ( for of all other holds I esteem the tenure of a Crown ) if so it may be termed ( the most irregular and exraordinary ) every man is bound to settle his conscience to obey the same , In all that lawfully he may command , and this without examination of his Title or Interest , for that God disposeth of kingdomes , and worketh his will in princes affaires , as he pleaseth , and this by extraordinary meanes oftentimes , so that if we should examine the Titles at this day of all the princes in Christendom by the ordinary rule of private mens rights , successions , or tenures , should finde so many knots and difficulties , as it were hard for any to make the same plain , but onely the supreme Law of God's disposition , which can dispence in what he listeth . This is my opinion in this behalfe for true and quiet obedience , and yet on the other side , as farre off am I from the abject and wicked flattery of such as affirme princes to be subject to no Law or limitation at all , either in authority , government , life , or succession , but as though by Nature they had been created kings from the beginning of the World , or as though the Common-wealth had been made for them , and not they for the Common-wealth , or as though they had begotten or purchased , or given life to the Weal-publique , and not that the Weal-publique had exalted them , or given them their authority , honour , and dignity ; so these flatterers do free them for all obligation , duty , reverence , or respect unto the whole Body , where of they are the Heads ; nay , expresly they say and affirme , that All mens goods , bodies , and lives , are the Princes at their pleasures to dispose of ; that they are under no Law or account-giving whatsoever , that they succeed by Nature and generation onely , and not by any authority , admission , or approbation of the Common-wealth , and that consequently no merit or demerit of their perso is to be respected , nor any consideration of their Na●ures or qualities , to wit , of capacity , disposition , or other personal circumstances , is to be had or admitted , and do they what they list , no authority is there under God to cha●ten them . All these absurd paradoxes have some men of our dayes uttered in flattery of princes , to defend a kings Title with assertions and propositions , do destroy all Law of reason , conscience , and Common-wealth , and do bring all to such absolute tyranny as no Realme ever did or could suffer among civil people , no not under the dominion of the Turke himselfe at this day , where yet some proportion of equity is held between the prince and the people , both in Government and Succession , though nothing so much as in Christian Nations . To avoid these two extremes , as all the duty , reverence , love , and obedience before name● , is to be yeelded unto every Prince which the common-wealth hath once established : so yet retaineth still the common-wealth her authority , not onely to restrain the same Prince , if he be exor●itant , but also to chasten and remove him , upon due and weighty considerations , and that the same hath bin done and practised at many times in most Nations , both Christian and otherwise with right good successe , to the weal publick . The Third Speech . TWo points are now to be proved , First , that Common-wealths have chastised sometimes lawfully their lawfull Princes , though never so lawfully they were descended , or otherwise lawfully put in possession of their Crown ; and secondly , that this hath faln out ever , or for the mo●● part , commodious to the weal publique , and that it may seem that God approved and prospered the same , by the good successe and successors that insued thereof . Yet with this protestation , that nothing be taken out of my speech , against the sacred authority and due respect and obedience , that all men owe unto Princes , both by Gods Law and Nature , but only this shall serve to shew that as nothing under God is more honourable , amiable , profitable , or Soveraigne , than a good Prince : so nothing is more pestilent , or bringeth so generall destruction and desolation as an evill Prince . And therefore as the whole body is of more authority th●n the only head , and may cure the head if it be out of tune , so may the weal-publique cure or purge their heads , if they infect the rest , seeing that a body Civill may have divers heads , by succession , and is not bound ever to one , as a body naturall is , which body naturall , if it had the same ability that when it had an aking or sickly head , it could cut it off and take another , I doubt not , but it would so do , and that all men would confesse that it had authority sufficient and reason to doe , the same rather then all the other parts should perish or live in pain and continuall torment : but yet much more cleare is the matter that we have in hand for disburdening our selves of wicked Princes , as now I shall begin to prove unto you . And for proofe of both the points joyntly , I might begin perhaps with some examples out of the Scripture it selfe , but some man may chance to say , that these things recounted there of the Jewes , were not so much to be reputed for acts of the common-Wealth , as for particular ordinations of God himselfe , which yet is not any thing against me , but rather maketh much for our purpose . For that the matter is more authorized hereby , seeing that whatsoever God did ordaine or put in ●re in his Common Wealth , that may also be practised by other Common-Wealths , now having his authority and approbation for the same . Wherefore ( said he ) though I do hasten to examples that are more neerer home , and more proper to the particular purpose whereof we treat , yet can I not omit to note some two or three out of the Bible , that doe appertain to this purpose also , and these are the deprivation and putting to death of two wicked Kings of Judah , named Saul and Amon , 1 Kin. 31. 4. King. 22. 44. ( though both of them were lawfully placed in that dignity ) and the bringing in of David and Josia in their roomes , who were the two most excellent princes that ever that Nation or any other ( I thinke ) have had to governe them . And first king Saul though he were elected by God to that royal Thron , yet was he slain by the Philistims , by God's order as it was foretold him for his disobedience , and not fulfilling the law and limits prescribed unto him . Amon was lawfull King also , and that by natural discent and succession , for he was son and heir to king Manasses whom he succeeded , and yet was he slain by his own people , Quia non ambulavit in via Domini , for that he walked not in the way prescribed unto him by God : and unto these two kings so deprived God gave two Successours , as I have named , the like whereof are not to be found in the whole ranke of kings for a thousand yeares together ; for of Josias it is written , Fecit quod crat rectum in conspectu Domini , & non declinavit neque ad dextram neque ad sinistram . 2. Paralip . 34. 5. He did that which was right in the sight of God , neither did he decline unto the right hand nor the left ; he reigned 31 yeares , 2. Paralip . 35. And Jeremias the prophet that lived in his time loved so extremely this good king , as he never ceased afterwards to lament his death , as the Scripture saith , 2 Chron. 34. & 35. Chapters As for king David , it shall not be needfull to say any thing , how excellent a king he was , for as many learned men do note , he was a most perfect paterne for al kings that should follow in the World , not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king , that he wished , then to the truth of the story , but rather as one that passed farre in acts that which is written of him , and this not onely in matters of religion , piety , and devotion , but also of chivalry , valour , wisedom and policy ; neither is it true which Nicholas Maehiavel the Florentine , N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirme , for defacing of Christian vertue , That religion and piety are le ts oftentimes to politique and wise Government , and do break or weaken the high spirits of magnanimous men , to take in hand great enterprises for the Common-wealth . Aug. l●de Gran. This ( I say ) is extreme false , for that as Divines are wont to say ( and it is most true ) Grace doth not destroy or corrupt , but perfect Nature ; so so as he which by Nature is valiant , wise , liberal , or politique , shall be the more , if also he be pious and religious : which we see evidently in king David , who notwithstanding all his piety , yet omitted he nothing appertaining to the state and government of a noble , wise , and politique Prince : for first of al , he began with reformation of his own Court and Realm in matter of good lif and service of God , wherein he used the counsel and direction of God and of Nathan the Prophet , as also of Abiathar and Hiram the chief Priests and of Heman his wise Councellour 1. Par. 15. He reduced the whole Clergy into 24. degrees , appointing 4000. Singers with divers sorts of musical instruments , under Asaph , Heman , and other principal men that should be Heads of the Quire. psal . 22. & 25. He appointed all Officers needfull both for his Court , and also the Common-wealth , with the Armes of the Crown , which was a Lion , in remembrance of the Lion which he had slain with his own hands , when he was a childe ; he ordained a mynt with a peculiar forme of money to be stamped : took order for distributing relief unto the poor , and other like acts of a prudent and pious Prince . After all this he turned himselfe to his old exercise of Warres , to which he was given from his child hood , being wonderfull valiant of his own person , as appeareth by the Lion and Bear that he slew with his own hands , and the courage wherewith he took upon him the combat with Goliah ; and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims , and had gained many noble victories : so much more did he after he was king himselfe , for that he conquered not onely the philistims , but also the Amorites , Idumeans , Moabites , with the kings and people of Damasco and all Syria , even unto the River Euphates , and left all these Countries peaceable to his Successour , 2 Reg. 8. and in three or four Battailes wherein David himselfe was present , within the space of two or three yeares , almost a hundred thousand Horse and Foot slain by him , 8. paral . 18. and that himselfe flew in his dayes eight hundred with his own hands , 2 reg . 13. Joseph . l. 7. antiqu . c. 10. and that he made by his example thirty and seven such Captaines as each one of them was able to lead and governe a whole Army , and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him , which hee recommended to his son Salomon , and amidst all this valour and courage of so warlike a King and Captaine , had he so much humility as to humble himselfe to Nathan the Prophet when he came to rebuke him for his fault , and so much patience and charity as to pardon Semci that reviled him , and threw stones at him in the high way as he went , and among so many and continuall businesses , both Martiall and Civill , and great affaires of the Commonwealth , he had time to write so many Psalmes as we see , and to sing prayses seven times a day to Almighty God , and to feel that devotion at his death which we read of , and finally he so lived and so dyed , as never Prince ( I thinke ) before him , nor perhaps after him , so joyned together both valour and vertue , courage and humility , wisdome and piety , government and devotion , nobility and religion . Wherefore though I have been somewhat longer then I would in this example , yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed . And now , if we will leave the Hebrews and returne to the 〈◊〉 of whom we spake before , we shall finde divers things notable in that state also , to the purpose we have in hand . For before Romulus their first King having by little and little declined into tyranny , 〈◊〉 thine and cut in peeces by the Senate . 〈◊〉 1. ( which at that time contained an hundred in number ) and in his place was chosen Numa Pompilius the notablest King that ever they had , wh● prescribed all their order of Religion and manner of sacrifices , imitating therein and in divers other points , the rites and ceremonies of the Jewes , as Ter●ul● and other Fathers does note , 〈…〉 contrahaeres , Iustin . Martyr apolog . Hee began also the building of their Capitol , added the two months of January and February to the yeare , and did other such notable things for that Commonwealth . Againe , when Tarqui●ius the proud , their seventh and last King , was expelled by the Senate , for his cruell government , and the whole manner of Government changed , Tit. liv . li. 1. doc . 1. Eutrop , l. 1. Wee see the successe was prosperous , so that not onely no hurt came thereby to the Commonwealth , but exceeding much good , their government and increase of Empire was prosperous under their Consulls for many yeares in such sort , that whereas at the end of their Kings government , they had but fifteen miles territory without their City , it is knowne , that when their Consulls government ended , and was changed by Julius Caesar , their territory reached more then fifteen thousand miles in compasse , for that they had not only all Europe under their dominion , but the principall parts also of Asia and Africa , so as this chastisement so justly laid upon their Kings was profitable and beneficiall to their Commonwealth . When Julius Caesar upon particular ambition had broken all Law both humane and divine , and taken all government into his owne hands alone , he was in revenge hereof , slaine by Senators in the Senate-house : and Octavianus Augustus preferred in his room , who proved afterwards the most famous Emperor that ever was . I might note here also how Nero sixth Emperour of Rome which succeeded lawfully his Unckle Claudius in the Empire , and being afterward deposed sentenced to death by the Senate for his wicked government ( which was the first judiciall sentence that ever the Senate gave against Emperours ) albeit peace ensued not presently , but that Galba , Otho , and Vitellius , three great Captaines of the Empire , made some little enterludes of tragicall killing of one the other , Cornel , Ta●it . lib. 20 & 21. Egesp l. 5. yet within few months the whole Empire by that meanes fell upon Vespasian and his son Titus , two of the best governours that those times ever saw . The like might be noted of the noble ranke of five excellent good Emperors , to wit , 〈◊〉 , Traian Adrian , Antonius Pius , and Marcus Aurelius , that ensued in the Empire by the just death of cruell Domitian , Europ . in viti Caesa . which execution the Senate is thought in secret to have procured , ( being not able to performe it openly by Justice ) which was seen by that , that when the act was done , the Senate did presently by publique decree allow of the some , and d●sanulled all his barbarous acts for his exceeding cruelty , and commanded his armes and memories to be p●lled downe every where , and chose for his successour , one Cocc●nis Norva , an italian , a man of excellent vertue , by whom they enjoyed not only the most prosperous time of his government , but of all those other foure before named that ensued him no lesse worthy then himselfe . Not long after , the succession of these excellent good Emperours that came to the Crown by lawfull discent of blood , a youth named Anto●inus Heliogtholus son of the Emperour Antoninus Caracalla , and nephew to the most famous and noble Emperour Septimius Serverus that dyed in England . Which youth as he was greatly loved and honoured a great while for so worthy a grandfather : so afterwards for his owne most beastly life and foule actions , An. Dom. 124. he was deprived and put to death by the Souldiers of Rome , at the request and common desire both of the people and Senate , when he had reigned six yeares , and yet was but twenty yeares of age , when hee was put downe , Alius lap in vita Heliog . and his death and deprivation was approved by publique act of the Senate , who ordained also in his detestation , that never Emperor after him should bee called more Antoninus , and so it was observed , though no other name had ever been more gratefull before , to the world for the remembrance of the good Emperors that had been so called . This man being chastized as is said , there was preferred to the Empire in his room a goodly young man , of his next kindred , named Alexander Severus , son to Mamonea which was sister to Holiogabolus his mother , and being admitted by common consent , both of the Senate , People , and Army , Herod . in vit . Seven . he proved one of the most rarest Princes for his valour and vertue , that ever the Roman Empire hath had , so as the worthinesse of Severus seemed to recompence fully the wickednesse of Heliogabolus . I might name divers other such examples , and among the rest that of Maxentius , who being lawfully possessd of the Empire in Rome , as it seemed ( for that he was son to Max●minianus the Emperor that reigned with Dioclesian ) yet for his tyrannous Government , that was intolerable , it is supposed that the Senate ( not being able to match him in open strength ) sent privily into England and France , to invite Constantine to come , and do justice upon him , and so he did , and he being drowned in the river of Tyber , Constantine sirnamed afterward the Great succeeded in the Empire , and was the man that all men know , and the first Emperor that publiquely professed himself a Christian , and planted cur faith over all the World , and this of the Roman Empire . And if we will come lower down , and nearer home , we have yet another example , more remarkable perhaps than all the rest , which was the change of the Empire from the East to the West , for the evil Government of Constantine the sixth , who was deposed first , and his eyes put out by his own mother Irene , and the Empire usurped by her , but being not able to rule it in such order as was needfull , for so great a Monarchy ( though otherwise she were one of the rarest women for valour and wisdome that ever the world had ) she was deprived thereof by the sentence of Leo the third , Pope of Rome , and by consent of all the people and Senate of that City , and Charles King of France and of Germany ( surnamed afterward the great ) was crowned Emperor of the West , An. 100. and so hath that succession remained unto this day , and many worthy men have succeeded therein , and infinite acts of jurisdiction have been exercised by this authority which were all unjust and tyrannicall , if this change of the Empire , and deposition of Irene and her son for their evill government had not been lawfull . It were to long to run over all other Kingdomes , yet some I shall touch in such points as are most notorious . The two famous changes that have been made of the royall line in France , the first from the race of Pharamond and Clodoveus to the line of Pepin , and the second from the race of Pepin againe to the line of Hugo Capetus , that endureth unto this day , Belfor l. 1. Girard . l. 3. Aemil. l. Clem. Baudi●●en la chronique des ros de France ▪ whereon are they founded , but upon the judiciall chastisement and deposition of two cruell Princes , the first of Childerie , the third lawfull King of France , who after ten yeares that he had reigned was deposed , by Zachary the Pope at the request of the whole Nobility and Clergy of France , or rather his deprivation was by them , and confirmed by the Pope , to whom they alleadged this reason for their doing in that behalfe , as Girard putteth it downe in both his French Chronicles , I mean the large and the abbreviation , to wit , that their oath to Childerie was to honour , serve , and obey , maintaine , and defend him against all men , as long as he was just , religious , valiant , clement , and would resist the enemies of the Crowne , punish the wicked and conserve the good , and defend the Christian faith . And for as much as these promises ( said they ) were conditionall , they ought not to hold or binde longer , then that they were reciprocally observed on both parts , which seeing they were not on the part of Childerie , they would not be any longer his subject , and so desired Zacharias to absolve them from their oaths , which he did , and by this meanes Childerie was deposed and 〈◊〉 into a Monastery , where he dyed , and in his place Pepin was chosen and crowned King , whose posterity reigned for many years after him , and were such noble Kings as all the world can testifie . And so continued the race of Pepin in the royall throne for almost two hundred years together untill Hugo Capetus , Hug. Cap. per an . 988. who was put into the same throne by the same authority of the Commonwealth , and Charles of Loraine last , of the race of Pepin , for the evill satisfaction which the French Nation had of him was put by it , and kept prisoner during his life in the Castle of Orleance . And thus much doe affirme all the French Histories ; and doe attribute to these changes , the prosperity and greatnesse of their present Kingdome and Monarchy ; and thus much for France , where many other examples might be alleaged , as of King Lewis the third , sirnamed Faineant . For that he was unprofitable , and of Charles sirnamed Legros , that succeeded him both of them deposed by the States of France , and other the like , of whom I shall have occasion to speak afterwards to another purpose . But now if you please , let us step over the Pireny mountains , and look into Spayne , where there will not faile us , also divers examples both before the oppression of that Realme by the Moores , as also after , Concil . Tolet. 4. cap. 4. Ambros . morac . l. 11. cap. 17. For that before , to wit , about the yeare of Christ 630. we read of a lawfull King named Flaveo Suintila put downe and deprived , both he and his posterity in the fourth Councell Nationall of Toledo , and one Sissinando confirmed in his place , notwithstanding that Suintila were at the beginning of his reigne a very good King , and much commended by Isidorus Archbishop of Sivill , Isidor , in Hist . hispan , who yet in the said Councell was the first man that subscribed to his deprivation . After the entrance of the Moores also , when Spaine was reduced againe to the order and government of Spanish Kings , we read Estevan de Garibay l. 13. de la hist . de Espa . c. 15. that about the yeare of Christ 1282. one Don Alonso , the eleventh of that name , King of Castile and Leon , succeeded his father Fernando sirnamed the Saint , and himselfe obtained the sirname of Sabio and Astrologo , that is to say , of wise and of an Astrologer , for his excellent learning and peculiar skill in that Art , as may well appeare by the Astronomy tables that at this day goe under his name , which are the most perfect , and exact that ever were set forth , by judgement of the learned . This man , for his evill government and especially for tyranny used towards two nephews of his , as the Spanish Chronicler Garavay writeth , was deposed of his Kingdome by a publicke act of Parliament in the Towne of Valiodolid , after he had reigned 30. yeares , and his owne sonne Don Sancho the fourth , was crowned in his place , who for his valiant acts , was sirnamed ●l bravo , and it turned to great commodity of the Commonwealth . The same Commonwealth of Spaine some yeares after , to wit , about the yeare of Christ , 1368. having to their King one Don Pedro , sirnamed the cruell , for his injurious proceeding with his Subjects , though otherwise he were lawfully seased also of the Crowne , as son and heire to King Don Alonso the twelfth , and had reigned among them 18. yeares , yet for his evill government they resolved to depose him , and so sent for a bastard brother of his , named Henry that lived in France requesting him that he would come with some Frenchmen to assist them in that act , and take the Crowne upon himselfe , Garibay l. 14. c. 40. 41 which he did , and by the helpe of the Spaniards and French Souldiers , he drave the said Peter out of Spaine , and himselfe was crowned . And albeit Edward sirnamed the black Prince of England , by order of his father King Edward the third , restored once againe the said Peter , yet was it not durable , for that Henry having the favour of the Spaniards returned againe , and deprived Peter the second time , and slew him in fight hand to hand , which made shew of more particular favour of God in this behalfe to Henry , and so he remayned King of Spaine as doth also his pr●geny injoy the same unto this day , though by nature he was a bastard , that King Peter left two daughters which were led away into England , and there married to great Princes . And this King Henry so put up in his place was called King Henry the second of this name , and proved a most excellent King , and for his great nobility in conversation , and prowesse in Chivalry , was called by Excellency , El cavallero the Kingly King , and for his exceeding benignity and liberality , was sirnamed also , El del merceedes , which is to say , the King that gave many gifts , or the liberall franck and bountifull King , which was a great change from the other sirnamed cruel , that King Peter had before ; and so you see that alwayes I give you a good King in place of the bad deposed . In Portugal also before I goe out of Spaine , I will alleage you one example more , which is of Don Sancho the second , surnamed Capelo , fourth King of Portugal , lawfull sonne and heir unto Don Alanso surnamed el Gardo , who was third King of Portugal . This Don Sancho , after he had reigned 34. yeares was deprived for his defects in government by the universall consent of all Portugal . Garibay , lib. 4. de hist . Portug . c. 19. and this his first deprivation from all kingly rule and authority ( leaving him only the bare name of King ) was approved by a generall Councell in Lyons , Pope ●nnocentius the fourth being there present , who at the Petition and instance of the whole Realme of Portugal by their Embassadors the Archbishop of Braga , Bishop of Camibra , and divers of the Nobility sent to Lyons for that purpose , did authorize the said State of Portugal to put in supream government , one Don Alonso brother to the said King Don Sarcho , who was at that time , Earle of Bullen in Picardy , by right of his wife , and so the Portugales did , and further also a little after they deprived their said King , and did drive him out of his Realme into Castilla , where he lived all the rest of his life in banishment , and dyed in Toledo without ever returning , and this Decree of the Councell and Pope at Lyons , for authorizing of this fact , is yet extant in our Common Law , in the sixt Book of Decretal● now in print ▪ Lib. 6. de cret . tit . 6. de supplenda . cap. Grand . 1. And this King Don Alonso , the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal , all the dayes of his life , Garibay in hist de Portug . lib. 34. cap. 20. & 21. and he was a notable King , and among other great exployts , he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile , which unto his time ●t ha● acknowledged , and he left for his successor his so●● , and heire , Don Dionysi●el Fabricador , to wit , the great builder , for that he builded and founded above forty and foure great towns in Portugal , and was a most rare Prince , and his off-spring ruleth in Portugal unto this day . Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes , and namely , if I would speak of the Greek Emperours , deprived for their evill government , not so much by popular mutiny ( which often hapned among them ) as by consent and grave deli●e●ation of the whole State and Weal-publick , Glicas in Annal. part . 4. Zon. Annal. co . 3. in vita Michael Calapha , as Michael Calaphates , for that he had troden the Crosse of Christ under his feet , and was otherwise also a wicked man , as also the Emperor Nicephorus Botoniates , for his dissolute life , and preferring wicked men to authority , and the like , whereof I might name many , but it would be too long . What should I name here , the deposition made of Princes , in our dayes , by other Common-wealths , as in Polonia , of Henry the third that was King of France ▪ and before that had been sworne King of Polonia , of which Crowne of Polonia , he was deprived by publick act of Parliament , for his departing thence without license , and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement , which are yet extant , In literis reip . Polon . ad Henr. Valesium pag. 182. 184. Vide Gagneum part . 1. de rebus Polon . In Suetia . What should I name the deprivations of Henry King of Suetia , who being lawfull successor and lawfully in possession after his Father , Gustavus was yet put downe by that Common-wealth and deprived , and his brother made King in his place who was in England , in the beginning of Queen Elizabeths reigne , whose sonne reigned King of Polonia , Polin . 1. 32. Histor . de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey , but also abroad , as namely of Maximilian the Emperor , and appointed also by the King of Denmarke , and by all the Princes of Germany neer about that Realme , who saw the reasonable causes which that Common-wealth had to proceed as it did . And a little before that , the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood , for he was sonne to King Iohn that reigned afore him , and crowned in his fathers life , but yet afterwards for his intolerable cruelty , he was deprived and driven into banishment , together with his wife and three children , all which were disinherited , and his Vncle Frederick Prince of Holsatia , was chosen King , who●e Progeny yet remaineth in the Crowne , and the other , though he were married to the sister of Charles the fifth last Emperour of that name , and were of kin also to King Henry the eight in England , yet could he never get to be restored , ●●●pessed his time miserably , partly in banishment , and partly in prison untill he died . Sleydon . l. 4. hist . An. 1532. Mu●st . lib. 3. Cosmogra . in d●script . D●●i'e Paulus Iovius in viris illust . But it shall be best perhaps to end this narration with example out of England it selfe , for that no where 〈◊〉 have I read more markeable accidets , touching this point , then in England , and for brevity sake I shall touch only a few since the Conquest , for that I will goe no higher though I might , as appereth by the example of King Ed●in and others , neither will I begin to stand much upon the example of King Iohn , though well also I might , so that by his cruell government he made himselfe both odious at home and contempt●ble abroad . After him King Henry the third was admitted , and he proved a very worthy King after so cruell a one as had gone before him , and had been deposed ( which is a circumstance that you must alwayes note in this narration ) and hee reigned more yeares then ever King in England did before or after him , for he reigned full 53 years , and left his son and heire Edward the first , not inferiour to himselfe in manhood and vertue , who reigned 34. yeares and left a son named Edward the second , who falling into the same defects of government or worse , then King John his great Grandfather had done , was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist . Anglicanae Anno 1326. and his body adjudged to perpetuall prison , in which he was at that present in the Castle of Wallingford , whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him ▪ to wit , how they had deprived him , and chosen Edward his son in his place , Stow in the life of King Edward the 2. for which act of choosing his son , he thanked them heartily and with many teares , acknowledged his owne unworthinesse , whereupon hee was degraded , his name of King first taken from him , and he appointed to be called Edward of Carnarvan from that houre forward . And then his Crowne and ring were taken away , and the Steward of his house brake the staffe of his office in his presence , and discharged his servants of their service , and all other people of their obedience or allegiance toward him : and towards his maintenance he had only a 100 marks a year allowed for his expences , and then was hee delivered also into the hands of certain particular keepers , who led him prisoner from thence by divers other places using him with extreme indignity in the way , untill at last they took his life from him in the Castle of Barkley , and his son Edward the third reigned in his place , who if we respect either valour , prowesse , length of reigne , acts of chevalry , or the multitude of famous Princes , his children left behind him , was one of the noblest Kings that ever England had , chosen in the place of a very evill one . But what ●hall we say ? Is this worthinesse which God giveth commonly to the successours at these changes , perpetuall or certaine by discent ? no truly ; nor the example of one Princes punishment maketh another to beware , for the next successour after this noble Edward which was King Richard the second , though he were not his son , but his sons son , to wit , son and heire to the excellent and renowned black Prince of Wales , this Richard ( I say ) forgetting the miserable end of his great Grandfather for evill government , as also the felicity , and vertue of his Father and Grandfather for the contrary , suffered himselfe to be abused and misled by evill councellours , to the great hurt and disquietnesse of the Realme . For which cause after he had reigned 22. yeares , he was deposed by act of Parliament holden in London , the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret , Polyd. l. 20. hist . Aug. 1399. where he was soon after put to death also , and used as the other before had been , and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster , who proved afterwards a notable King , and was father to King Henry the fifth , sirnamed commonly the Alexander of England , for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares , so did this Henry conquer France in lesse then the like time . I might reckon also this number of Princes deposed for defect in government ( though otherwise he were no evill man in life ) this King Henry the fourths nephew , I mean King Henry the sixt , who after almost forty yeares reigne was deposed , imprisoned , and put to death , Polyd. l. 23. ●istor . Anglie . together with his sonne the Prince of Wales , by Edward the fourth of the house of Yorke , and the same was confirmed by the Commons , and especially by the people 〈◊〉 London , and afterwards also by publicke Act of Parliament , in respect not only of the title which King Edward pretended , but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife , and had broke the articles of agreement made by the Parliament , between him and the Duke of Yorke , and solemnly sworne on both sides , the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government , ( though for his owne particular life he was a good man ) sentence was given against him , partly by force and partly by law , and King Edward the fourth was put in his place , who was no evill King and all English men well know , but one of the renownedst for martiall acts and justice that hath worne the English Crowne . But after this man againe , there fell another accident much more notorious , which was that Richard Duke of Glocester , this King Edwards yonger brother , did put to death his two nephews , this mans children , to wit , King Edward the fifth and his little brother , and made himselfe King , and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead , he might in reason seem to be lawfull King , both in respect that he was the next male in blood after his said brother , as also for that by divers acts of Parliament , both before and after the death of those infants , his title was authorised and made good , and yet no man wil say ( I think ) but that he was lawfully also deposed again afterward by the Commonwealth , An. 1487. which called out of France , Henry Earle of Richmond to chastise him , and to put him downe , and so he did , and tooke from him both life and Kingdome in the field , and was King himselfe after him by the name of King Henry the seventh , and no man I suppose , will say but that he was lawfully King also , which yet cannot be , except the other might lawfully be deposed ; I would have you consider in all these mutations , what men commonly have succeeded in the places of such as have been deposed , as namely in England , in the place of those five Kings before named , that were deprived , to wit , John , Edward the second , Richard the second , Henry the sixt , and Richard the third , there have succeeded the three Henries , to wit , the third , fourth , and seventh , and two Edwards , the third and fourth , all most rare and valiant Princes , who have done infinit important acts in their Commonwealths , and among other , have raised many houses to Nobility , put downe others , changed states both abroad and at home , distributed Ecclesiasticall dignities altered the course of discent in the blood Royall , and the like , all which was unjust , & is void at this day if the changes and deprivations of the former Princes could not be made , and consequently none of these that doe pretend the Crowne of England , at this day , can have any title at all , for that from those men they descend who were put up in place of the deprived . And this may be sufficient for proofe of these two principall points , that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed , for misgovernment , and that God hath allowed and assisted the same , with good successe unto the Weal-publique , and if this be so , or might be so , in Kings lawfully set in possession , then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity , if there be due reason and causes for the same . The fourth Speech . TRuly Sir I cannot deny , but the examples are many that this Gentleman hath alleaged , and they seeme to prove sufficiently that which you affirmed , at the beginning , to wit , that the Princes by you named were deprived , and put downe by their Common-wealths for their evill government . And good successors commonly raised up in their places , and that the Common-wealth had authority also to doe it I doe not greatly doubt , at leastwise , they did it , de facto , and now to call these facts in question , were to embroyle and turne up-side-down all the States of Christendome , as you have well signified , but yet for that you have added this word lawfully so many times , in the course of your narration , I would you tooke the paines to tell us also , by what Law , they did the same , seeing that Belloy whom you have named before , and some other of his opinion doe affirme , Belloy apolog . catholic . part . 2. paragraf . 9. & apol . pro rege . cap. 9. That albeit by nature the Common-wealth have authority over the Prince , to chuse and appoint him , at the beginning , as you have well proved out of Aristotle and other wayes ; yet having once made him , and given up all their authority unto him , he is now no more subject to their correction , or restraint , but remaineth absolute of himselfe without respect to any , but onely to God alone , which they prove by the example of every particular man , that hath authority to make his Master or Prince , of his inferiour ; but not afterwards to put him downe againe , or to deprive him of the authority which he gave him , though he should not beare himselfe well and gratefully , but discourteous rather , and injuriously towards him that gave him first this authority . To which also they doe alleage the speech of the Prophet Samuel , in the first Booke of the Kings , where the people of Israel demanded to have a King to governe over them , as other nations round about them had , and to leave the the government of thhe high Priest under whom at that day they were . At which demand ▪ both God himself and Samuel were grievously offended , and Samuel by Gods expresse order , protested unto them in this manner , 1. Reg. 8. Well ( quoth he ) you will have a King , hearken then to this that I will say , Hoc erit ius regis , qui imperaturus est vobis , this shall be the right and power of the King that shall rule over you , to wit , he shall take from you your children both Sons and Daugh●ers , your Fields and Vinyards , your Harvest also and Ren●s , your Servants , Handmaids , and Heards of Cattie , and shall give them to his Servants ▪ and you shall cry unto God in that day from the face of this your King , whom you have chosen , and God shall not hear you , for that you have demanded a King to govern you . Out of all which discour●e and speech of the Prophet , these men doe gather , that a King is nothing so restrained in his power , or limited to law , as you have affirmed ▪ but rather that his law is his own will , as by these words of the Prophet may appear & much lesse may the Common-wealth chastise or deprive him for exceeding the limits of law , or doing his will , seeing that here in this place God doth fore-tell , that Princes oftentimes shall commit excesses and injuries ; and yet doth he not therefore will them to chasten or depose them for the same , but rather insinuate●h , that they must take it patitiently for their sinnes , and cry to God for remedy , and persevere therein , though he do not at the first hearken to them , or grant their redresse . The fifth Speech . I Confesse , that Flatterers of Princes in these our days , have not onely affirmed , that Princes were lawlesse , and subject to no accompt , reason , or correction whatsoever they did , but also ( which is yet more absurd & pernicious to all Common-wealths ) Belloy apolog . part 2. p. 7. & apol pro Rege c. 6. & 24. & 26. That all goods , chattels possessions , and whatsoever else commodities temporall of the Common-wealth , are properly the Kings , and that their subjests have onely the use thereof , without any propriety at all , so as when the King will , he may take it from them by right , without injustice or injury , which assertions do overthrow wholly the very nature and substance of a Common ▪ wealth it self . For first , to say that a King is subject to no law or limitation at all , but may do what he will is against all that I have alleadged before of the very institution of a Common-wealth , which was to live together in justice & order , and as I shewed out of Cicero , speaking of the first Kings , Iustitiae fruendae causa bene morati Reges olim sunt constituti . For enjoying of iustic● were Kings appointed in old time that were of good life ; but if they be bound to no justice at all , but must be born and obeyed , be they never sowicked , then is this end and butt of the common wealth , and of all Royal authority , utterly frustrate : then may we set up publike Murderers , Ravishers , Theeves , and Spoylers , to devour us , in stead of Kings and Governours to defend us ; for such indeed are Kings that follow no law , but passion & sensuality & do commit injustice by their publike authority ; & then finally were all those Kings beforementioned , both of the Jewes , Gentiles , and Christians vnlawfully deprived , & their Successors unlawfully put up in their places , & consequently all Princes living in Christianity at this day , who are deseended of them , are intruders , & no lawful Princes . By the second saying also , that all temporallties are properly the Princes , & that Subjects have only the use therof , without any interest of their own , no lesse absurdities do follow , then of the former assertion : for that first ▪ it is against the very principle & foundation of our civill law , which at the first entrance , & begining , maketh this division of goods , That some are common by nature to all men , as the Ayr , the Sea , and the like ; other are publike to all of one City or Country , but yet not common to all ingenerall , as Rivers , Ports , and other such : some are of the community of a City or Common-wealth , but yet not common to every particular person of that City , as common Rents , Theators , the publike house , &c some are of none , nor properly of any mans goods , as Churches and sacred things , and some are proper to particular men , as those which every man possesseth of his own , which divi●●on of Iustiman the Emperour , & his most learned Lawyers is not good , if the Prince bee Lord proprietary of all : nay he that made this division , being Emperour , did great injury also to himself , ●n assigning that to others , which by the opinion of Belloy & his fellows , was properly & truly his own , in that he was Emperour & Lord of the world . Besides all this , so absurd a saying is this , as it over●hroweth the whole nature of a Common ▪ wealt● it self & waketh all subjects to be but very slaves . For that slaves & bondmen , as Aristotle saith , in this do diffe● from Free-men , that slaves have only the use of things without property or interest & cannot acquire or get to themselvs any dominion or true right in any thing for that whatsoever they do get , it accreweth to their Master & not to themselvs , & for that the condition of an Oxe or an Asse is the very same in respect of a poor man that hath no slave : for that the Oxe or Asse g●t●eth nothing to himself , but only to his Master , & can be Lord of nothing of that for which he laboureth : for this cause , wittily also said Arist●tle , that bos aut asinus pauperi agricolae proservo est , An Oxe or an Asse is to a poor husbandman in stead of a boudman , & so seeing that Malignants will needs have the state & condition of all Subjects to be like unto this , in respect of their Prince , and that they have nothing in propriety , but only the use and that all dominion is properly the Princes : what doth the other then make all Subjects not only slaves , but also Oxen and Asses , and pecora campi . Last of all , for I will not overload you with reasons in a matter so evident , if all Subjects goods be properly the Kings , why then was Achab and Iezabell King & Queen of Israel so repre●ended by Elias , and so punished by God , for taking away Nabothes Vinyard ? seeing they took but that which was their own . Nay , why wa● not Naboth accused of iniquity , rebellion & treason , for that he did hot yeeld up pre●ently his Vinyard , when his Princes demanded the same , seeing it was not his , but theirs ? Why doe the Kings of England France and Spain ask money of their Subjects in Parliaments , if they might take it as their own ? Why are those contributions ●ermed ●y the name of Subsidies , helps , benevolences , lones , &c. if all be due , and not voluntary of the Subjects part ? How have Parliaments oftentimes denyed to their Princes such helps of money as they demanded ? Why are their Judges appointed to determine matter of Suits & Pleas between the Prince and his Subjects , if all be his , and the Subject have nothing of his own ? And last of all , why doth the Canon Law so streightly inhibit all Princes , upon pain of excommunication , to impose new impositions & taxes upon their people , without great consideration & necessity , & free consent of the givers , if all be the Princes , & nothing of the Subject ? Nay , why be all Princes generally at this day prohibited to alienate any thing of their own Crown , without consent of their people , if they only be Lords of all , and the People have interest in nothing . And hereby also we may gather what the Prophet Samuel meant , when he thretned the Jews with the disorders of Kings that should reign over them ; not that these disorders were lawfull or appertained to a righteous King , but that seeing they refused , ●o be under the moderate government of their high Priests , and other Governors which God had given them hitherto , & required to be ruled by Kings , as other Heathen Nations of Egipt , Babilon , Syria , & Persia were , whose manner of Government not only Historiogr●phers , but Phylosophers also , & Aristotle among the rest doth note to have been very tyrannicall , Arist . l. 5. pol. c. 11. Joseph . l. 6. ant . c. 4. yet for that the Jews would needs haue that government , as a matter of more pomp & glory , then that which hitherto they had had , Samuel did first iusinuate to them , what extortion & wickednesse those Heathen Kings did use commonly over their people , in taking their children , servants wives , goods , & the like from them , & that many Kings of Israel should do the like , & take it for their right and Soveraignty , & should oppose & tyranize over them , & inforce them to cry out to God for help , & they should not find remedy , for that so heddily they had demanded this change of Government , which highly displeased Almighty God. And this is the true meaning of that place , if it be well considered , and not to authorize hereby injustice or wickedness in any King seeing the principall point● recorded to all Princes , and Kings through all course of Scripture , are diligere inducrum & justitiam , apprebendere disciplinam , & ●facere veritatem , that is to say to love judgement , and justice to admit discipline and to execu●e truth , and this is the instruction that God gave to the Jewes in Deutronomy Deut. 17. 3. Reg. 2. & 10 for their Kings when they should have them , which God foretold many yeares before they had any , and this is the admonition that King David left unto , Psal . the 2. his Sonne and successour Salomon , at his death , and by him to all other Kiogs and Princes , and for want of observing their points of judgement justice discipline , and truth , wee see not only Achab , and Iezabel before mentioned grievously punished but many other Kings also by God himselfe , as Achaz Manasses Ioachim , and the like which had not been justice on Gods part so to punish them if it had been lawfull for them to use that manner of proceeding towards their people , as these good instructors of Princes in out daies most fondly , and wickedly do affirme , and thus much for that place . But to the point by what Law the Common-wealthes , did punish their evill Princes it is by all law divine and human ▪ divine for that God dath approve that form of government which every common-wealth doth chuse unto it selfe , as also the conditions , statutes und limitations which it selfe shall appoint unto her Princes as largely before hath been declared . And by all human law also ; for that all law both naturall , nationall , and positive , doth teach us , that Princes are subject to law and order , and that the common-wealth which gave them their authority for the commmon good of all may , also restraine or take the same way again , if they abuse it to the common evill . And whereas these men say , that like as if a private man should make his inferiour or equall to be his prince , he could not after restrain the same again , and so neither the common wealth having once delivered away her authority : I answer first that the comparison is not altogether like , for that a privat man though he give his voice to make a Pr●nce , yet he being but one maketh not the Prince wholly as the Common wealth doth , and therefore no marvaile though it lie not in a perticular mans hand to unmake him again , besides this , a privat man having given his voice to make his Prince remaineth subject and inferiour to the same , but the whole body though it be governed by the Prince as by the head , yet is it not inferiour but superiour to the Prince ; neither so giveth the common wealth her authority and power up to any Prince , that she depriveth her self utterly of the same , when need shall require to use it for her defence for which she gave it . And finally which is the chiefest reason of all , and the very ground and foundation indeed of all Kings authority among christians the power and authority which the Prince hath from the common wealth is in very truth not absolute , but potestas vicaria or deligata , that is to say a power deligate , or power by commission from the common wealth , which is given with such restrictions cautels , and conditions yea , wi●h such plaine exceptions , promises and oathes of both parties , ( I meane between the King and common wealth at the day of his admission or coronation ) as if the same be not kept , but willfully broken , on either part , then is the other not bound to observe his promise neither , though never so solemnly made or sworn for that in all bargains , agreements and con●racts , where on part is bound mutually and reciprocally to the other , by oath , vow , or condition , there , if one side go from his promise , the other standeth not obliged to performe his : and this is so notorious by all law , both of nature and nations , and so conform to all reason and equity , that it is put among the very rules of both the civill and cannon law where it is said , frustra a fidem sibi quis postulat servari ab eo , cui sidem a se prestitam servare recusat . He doth in vaine require promise to be kept unto him at an other mans hands to whom he refuseth to performe that which himselfe promised and againe . Non abstringitur quis ●uramento ad implendam quod juravit , si ab alia parte non impletur , cujus respectu praebuit juramentum . A man is not bound to performe that which by oath he pr●mised , if on the other part , that be not performed in respect whereof this oath was made : as for example , if two should sweare the one to assist the other upon the way in all respect● , & after falling upon enemies that were either kin or friends to the one of them , & he should take their part against his fellow ; cleer it is , that the other were not bound to keep his oath toward that Party that hath so wickedly broken it unto him . Nay , not only in this case , that is so evident & palpable by nature it self , but in many other also , it is both lawfull , honest , & convenient , to leave sometimes the performance of our oath ; as namely , when the fulfilling thereof should containe any notable hurt or inconvenience against Religion , Piety , justice , honesty , or the weal publike , or against the party himself to whom it was made , as if a man had sworn to restore a sword to a mad or furious man , wherewith it were likely he would destroy himself & others , and other like cases , which Cicero putteth down in his first book of offices , & deduceth them from the very ground of nature and reason it self , & saith that it were contrary to the duty of a good or honest man , in such cases to perform his promise . Our Divines do also alledge the example of Herod , that had sworn to the daughter of Herod as to give her what she demanded , who demanding the head of St. John Baptist , Mat. 24 though Herod were sory for the same ; yet saith the text , that for his oaths sake he commanded it to be performed , which yet no man will deny , but that it had been far better left unperformed & the oath better broken then fulfilled , according to another rule of the law , which saith , in malis promissis fidem non expedit observari , Regul . 68. in fine 6. Decret . it is not expedient to keep our promise in things evill promised . And finally to this purpose , to wit , to determine how many ways an oath may be lawfully broken or not kept , there is a whole title in the Canon law , containing 36 chapters , wherein are set down many & divers most excellent & evident cases about the same , determined by Gregory the 1. & other antient Popes & Doctors ; and in the second part of the Decret . there is alledged this sentence out of Isidorus , & established for law , in malis promissis rescinde fidem , in turpi voto muta decretum , impia enim promisso quae scelere impletur , that is , in evill promises perform not your word , in an unlawfull vow or oath change your determination , for it is an impious promise which cannot be fulfilled but with wickednesse , and the very same matter is handled in the question following , which is the fist , throughout 23 whole chapters together . So as nothing is more largly handled in our law , both Civill & Canon , then this matter of promises & oaths how & when & why , & in what cases they hold or bind ▪ and when no● . All which , to apply it now unto our matter of Kings , that we have in hand , we are to understand that two evident cases are touched here , as you see , when a Subjects oath or promise of obedience may be left unperformed towards his Prince : the first when the Prince observeth not at all his promise & oath made to the Common-wealth , at his admission or coronation , & the other when it should turn to the notable dammage of the weal publike ( for whose only good the Princes office was ordained & proved ▪ if the Subject should keep & perform his oath & promise made unto his Prince . And both these cases are touched in the deprivation of Childerike the last K of France , of the first line of Pharamond , for that as Paulus , Em●lus , Belforest , G●rard , and other French stories do testifie , Em●l . l. 2. Hist Fran Belfor●n vita childe● Girard lib 3. the Bishop of Wirtsburg , that in the name of all the Nobility and Common-wealth of France , made his Speech to Zachary the Pope for his deposition , and for the election of Pepin in his place , alledged these reasons , saying . Truth it is , that the French have sworn fidelity unto Ch●ldericke , as to their true & naturall King but yet with condition , that he on his part should also performe the points that are incident to his office , which are To defend the Common-wealth , protect the Church of Christ resist the wicked advance the good & the like ; and it he doe this then the F●ench are ready to continue their obedience & allegeance unto him : but if he be apt for none of these things , neither fit , either for a Captain in War , or for a Head in Peace ; and if nothing else may be expected while he is King , but detriment to the State , ignominy to the Nation , danger to Christ & Religion , and destruction to the Weal Publike , then it is lawfull for you no doubt , most holy Father , to deliver the French from this band of their oath , & to testifie that no promise can bind this Nation in perticular , to that which may be hurtfull to all Christendome ingenerall . Thus far that Bishop and his speech was allowed , and Chelderick deposed , and Pepin made King in his place . By this then you see the ground whereon dependeth the righteous and lawfull deposition and chastisement of wicked Princes , viz. their fayling in their oath & promises , which they made at their first en●rance , that they would rule and govern justly , according to law , conscience , equity , and religion , wherein when they fayle , or wilfully decline , casting behind them all respect of obligation and duty , to the end for which they were made Princes , and advanced in dignity above the rest ; then is the Common wealth not only free from all Oaths made of obedience or allegeance to such unworthy Princes , but is bound moreover for saving the whole body , to resist , chasten , & remove such evill heads if she be able , for otherwise all would come to destruction , ruine , and publike desolation . And here now comes in all those considerations which old Phylosophers , Law-makers , & such others as have treated of Common-wealths , are wont to lay down , of the difference & contrariety between a King & a Tyrant , Plat. dial . 1 de repub . Arist. l. 2. pol. c. 5. for that a King ( as both Plato & Aristotle doth declare ) when once he declineth from his duty becommeth a Tyrant , that is to say , of the best & most Soveraign thing upon earth , the worst & most hurtful creature under Heaven ; for that as the end & office of a King is to make happy his Common-wealth , so the butt of a Tyrant is to destroy the same . And finally the whole difference is reduced to the principal head that before I have mentioned , to wit , That a King ruleth according to equity , oath , conscience , justice , & law prescribed unto him ; & the other is enemy to all these conditions , There is a speciall book set forth of this matter , by one Bartolus , Father of Civil Law , where the matter is handled largly , as also how lawfull & commendable it is to resist any Tyrant . He concludeth with Cicero in his books de legibus , where he saith , ut populo Magistratus ita Magistratut presunt leges , Cicero l. 3. dt legibus . A good Prince or Magistrate make●h his accompt , that as he is over the People , so Laws are over him , and a Tyrant the contrary . And greatly is commended the saying of Theodosius & Valentiman , two worthy Emperors , recorded in our civil Law , who said , Digna vox est Majestate regnantis , legibus se allegatum fateri . It is a speech worthy the Majesty of him that reigneth , to confes that he is bound unto the Laws , & the contrary , saying of the Tyrant Cajus Caligna , is justly detested by all Writers , who said unto one , as Suetonus reporteth , Memento mihi omnia & in omnes licere , remember that all things are lawful unto me & against all men without exception . The saying also of the famous Emperor Trajan deserveth immortal memory & commendation who when he delivered the Sword to a Pretor or Governor of Rome to do justice he added these words , Take this Sword , & if I do reign justly , use it for me , and if not , then use it against me , which in effect & substance , are the very same words , which our Christian Princes at this day do use at their entrance and coronations , when they promise & swear to rule justly ; & according to the laws , Statutes , & Ordinances of their country , & upon that condition do take the oathes of their subjects obedience , protesting there withal● , that if they perform not this , that then their subjects are free as before from all alegeance and then may the common wealth as also the very officers themselves of such a Kiug use their sword against him , who gave it to them , for the publique good if need so ●equire , as Trajan commanded . Concerning oathes and promises made by Princes at their first admission to government , for as much as not nature , but the election and consent of the people , had made their first Princes from the beginniug of the world most certaine it appeared , and conforme to all reason that they were not preferred to this eminent power and dignity over others , without some condi●ions and promises made also on their parts , for using well t●is supreme authority given unto them : seeing it is not likely that any people would ever yeetd to put their lives , goodes and liberties in the hands of an other , without some promise and assurance of justice and equity to be us●d towards them , and hereof came to passe , that both the Romans and Grecians to their ancient Kings prescribed laws and limites . And in every common wealth the more orderly the Prince commeth to his crown , and dignity , the more expresse and certain have been ever these conditions and agreements between him and the p●●ple , as one the other side the more violeutly the Prince getteth his authority or by tyranny and disorder , as those ancient and first Tyrants of Assiria to wit Nem●ed Belus and the like ▪ that by meere force and guile got rule over others , and the old King of Egypt , and Babilon , and those of the Roman Emperours that by violence of Souldiers only got ●nto the Royall seat , and all such as at this day do get by force to raine among to● the Tur●es , among these ( I say ) it is no marvaile , though few conditions of just dealing may be expected , though I doubt not but get to their followers and advancers , these men also do ma●e large promises of good government , as the beginoing as all ambitions men are wont to do , though with little intention of performance . But in all good and well ordered common wealths where matters passe by reason , conscience wisdome and consultation , and especially since christian religion hath prevailed , and given perfection to that naturall light which morrall good men had b●fore in matters of government● since that time I say this ●oint of mutuall and reciprocall oathes between Princes and subjects at the day of their coronation or admission ( for all are not crowned ) bave beene much more est●blished , made clear and put in vre . And this form of agreement and convention , between the commou wealth and their chtistian head or King , hath beene reduced to a most sacred and religious kind of union and concord then before for that the whole action hath b●eu●don by Bishops and ecclesiasticall Prelats , and the astipulation and promises made on both sides , have passed and beene given receaved and regestred with great reverence in sacred places , and with great solemnity of religious ceremonies , which before were not so much used , though all waies there were some . And therfore our examples at this time shall be only of Christian common wealths , for that they are more peculiarly to our purpose . Fir●● then to begin with the East or Greeke Emperours of Constantinople as the most ancient among other , for that after the Empire once translated from Roome to Constantinople , by our Constontine the great and the first Christian Emperour that ever did publiquely shew himselfe for such , these Greeke emperours were the most eminent Princes of all christianity among whom I do find that albeit their ther comming to the Crown were nothing so orderly for them pu● as at this day it is used , but many times the meanes thereof were turbulent and sedi●ious , yet find I ( as I say ) that above a thousand yeares one , they were wont to have anoth exacted at their hand , by rh●● pa●riark of Constantinople , who was the chiefe Prelate , for thus writeth Zon●ras of the c●ronation of A●asta●ius the first , that succeeded Zeno , obout the veare of 〈◊〉 5 4 Amequam coronaretur , fidei confessionam script●m , quae ollic c●retur , se in dogmatibus Ecclesiastic 〈◊〉 esse novatu u●● , ab eo exegi● patrlar● 〈…〉 vir sanctus & orthodoxus he 〈…〉 being a help and catholique mae●●equired of Anast●tius ●l●cted Emperour , before he was crowned a cou●●sion 〈…〉 should pro●ise to change or innovate nothing in matt●rs perteining t● the doctrine of the 〈◊〉 and the same ha●e Nicepb●● 〈◊〉 and ot●ers . And not onely this but divers other conditions also doth the same author insinuate that this Anaas●tius promised at his coronat on before he could be crowned , as among other things , the taking away of certaine tributes and impositions , the giving of Offices without money and other like points , apperteining to reformation and good government . which he performed for a ti●e in the beginning of his government , but after fel● into the heresies of the Eutichians , and banished this same good Patriarch Euphemius , that had crowned him , and he thrived thereafter for that he was slain by a thunder bot● from ●eaven , after he had reigned 27. yeares , and was accompted for a very wicked man , by all writers , for that he had broken ( as they said ) the conditions quas gravi juramento scriptis ●elato confirmasset . That is to say the conditions which he had avowed and confirmed with a grave oath . ●he like I read about 300. years after , recorded by the same author of the Emperour Michaell the first in these words . The Grecian Emperours oath , Michaell ubi dilaxit magnam ecclesiam ingressus , a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto , quo promilleret , se nulla eccleisa instituta violatu●um neque christianorum sanguine manus contaminaturum . Zon. To● 3. in vita Mich. An. 820. ●hich is Michell new chosen Emperour , came early in ●he morning into the great Church of Constantinople , and was crowned there with the Emperial crown by the hands of Nicephorus the Patriarch , but yet so , as he was first required to swear and promise by writing , that he would never violate the ordinances of the Church ▪ nor contaminat is hands with christian bloud , which in effect , is as much to say ▪ as that he should reign godly & justly & many other such examples might be alledged , but by this it is easie to see , what was the fashion of admitting & crowning those Grecian Emperours by their Patriarks , in the name of all the Common-wealth , which Common-wel●h was not satisfied with an oath , except also it were set down in writi●g ▪ And if we passe to the Latine & VVest Empire which about this very time was restored by Zachary the Pope , & by the whole Common-welth of Rome & was given to Cha●les the great & his Posterity , we shall find that this point is more setled & more inviolably kept vet in this Empire then in the other , for albeit , that this Empire 〈◊〉 West went by succession for the most part at the begining , untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany , that now enjoy that priviledge to be Electors , yet shal we see alwayes , that they even before this constitution , when this dignity went by succession , were never admi●ted to the same , without this circumstance of swearing to conditions of righteous government : the forme & manner o which admission , for that I find it set down more perfectly , & perticulerly in the coronation of O●ho the I , then of any other Emperor , & that by many Authors , & that this Otho was son & heyr unto the famous Emperor of Hen. 1. of that name , Duke of Saxony , surnamed the Faulkner for the great delight ●e had in the flight of Faulcons , Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. ● : though being his heir , & so named by H. himself to the inheritance of the said r●●wn of Germany : yet was he not admitted thereunto untill he had made his oath & received his new approbation by the people , for so the story saith , that the Archbishop of Moguntia ( the chief Prunate of all Germany bringing him to the Alter where he must swear , said these words unto the people : Behold I bring you here Otho , chosen by God , & appointed ou● by his Father Henry our Lord , & now made King by all the Princes of this Empire , if this election please you , do you signifie the same by ho●●din● up your hands to Heaven , Whitich ndus gest . Saxon lib. 1. And the● upon the said Archbishop turned about to the Alter , where lay all the ornaments & ensigns of the Empire , as the sword with the girdle , the cloke with the bracelets , th● staf with the scepter , & diadem , every one whereo● the Archbishop out up ●n the Emperor , telling him the signification of every thing , what it did bind him un●o : as for example when he put the sword about him he said , accipe hunc gladium quo ejicias omnes Christi adversari●s & ma●os christianos , authoritate divino per Episcopos tibi tradita , w●t●chin . l. 2 , which is , take unto thee this sword wh●reby thou mayst cast out & drive away all the enemies of Christ , whether they be barbarous infidels , or evill christians , & this by the authority of God delivered unto thee by us , And thus he ●id with all other ornaments & ensigns , telling the signification & obligation of every one , & taking the Emperours promise to perform all . And after al , Rex persusus olco sancto , co●onatur diademate aureo , ab Episcopis , & ab eisdem ad soticitur & in eo colocatur . The King being annointed with holy oyle was crowned by the Bishops , and by the same was brought to the royall seat and therein placed . This happened about the year of Christ 940. and the ceremony is recounted in ore amply in this mans coronation , then in any other , both for that he was a very noble prince , and the very first of the Germain nation , that was lawfully , and orderly preferred to the imperiall feat , after that it passed from the children of Charles the great , and there be divers points worthy the noting in this example , and among other that albeit he were lawful King and Emperour by succession , as also by appointment of his Father : yet was he chosen and admitted againe by the Princes and people , and that he swore to fulfill all those points and conditions , which the signification of the Emperial ornaments did bind him unto . After this , about 60 Yeares or more , Pope Gregory the 5. in a synod holden in Rome , did by the consent of Otho the 3. Emp●ror & Nephew unto this other Oth● , appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany , three eclesiasticall which are the Arch-Bishops of Moguntia , Colen , and Trevires , and three temporall Lords . Blend . decad . 2 li. 3 Crant . l. 4. cap. 25. Duke of Saxony , the County Palatine of Rhene , and the Marques of Brandeburg and when these 6 voices should happen to be equally devided , then that the Duke of Bohemia ( for then it was no Kingdom ) should have place also to determin the election . All which was determined in the Y●are of Christ 996. in Rome , and approved afterward by all the Princes of Germany , and allowed by all other Christian Princes , and states of the world , and so endureth unto this day . And among all other points , of this his Coronation and his Oath to be taken for his well government , was and is most exactly set downe , and recorded by many historiographers of that time , and since : But I shall alleadge them only out of Iohn Sleydan , as the most convenient Authour for this our time and purpose . Sleyd . l. 1. Histor . An. 1519. First of all , after any man is chosen Emperor , he is to be called only Cesar and the King of the Romans , and not Emperour , untill he be Crowned , and the conditions which he sweareth unto presently after his election , Are to defend the Christian and Catholique Religion , to defend the Pope and Church of Rome , whose advocate he is , to minister iustice equally to all , to follow p●ace , to keepe and observe all Lawes Rights and Priviledges of the Empy●e , not to alienat or engage the possessions of the Empyre , to condemn no man without hearing his cause , but to suffer the course of law to have his place , in all and whatsoever he shall doe otherwise , that it be void and of no Validitie at all . Vnto all these Articles , he sweareth first by his Legates , and then he giveth a copy of his Oath in writing to every one of the six Electors , and after this he goeth to the City of Aquis-gran to be crowned in the great Church , where about the middle of the Masse , the Arch Bishop of Colen goeth unto him in the presence of all the people , and asketh , whether he be ready to sweare and promise to observe the Catholick Religion , defend the Church , Minister , Iustice , protect the Widdows and Fatherlesse , and yeald dutifull honour and obedience to the Pope of Rome , whereunto he answering that he is ready to do all this , the Arch-Bishop leadeth him to the high Alter where he sweareth in expresse words , all these Articles , which being done , the said Arch-Bishop turning himselfe to the Princes of the Empyre , and people there present , doth aske them , whether they be content to swear obedience and fealty unto him , who answering yea , he is annointed by the said Arch-Bishop before the Alter , and then do come the other two Arch-Bishops of Moguntia and Treveris , and do lead him into the Vestery , where certain Deacons are ready to apparrel him in his robes , and do set him in a Chayre , upon whom the Arch-Bishop of Colen saith certain prayers , and then delivereth him a Sword drawn , and putteth a Ring upon his Finger , and giveth him a Scepter in his hand , and then all the three Arch-Bishops together , do put on the Crown upon his head , and leading him so crowned and appareled u●to the high Alter again ; he sweareth the second time , that he will do the part of a good Christian and Catholick Emperor . Which being ended , he is brought back and placed in the Emperiall Seat and Throne , where all the Princes of the Empyre do sweare obedience and faith unto him , begining with the three Arch-Bishops , and continuing on with the three other Electors , and so all the rest in order which is a notable and magesticall manner of admitting and authorizing of a Prince as you see , and it is to be marked among other things , that the Emperour sweareth three times , once by his depu●ies , & twice by himselfe , before his Subjects sweare once unto him . And yet will Malignants needs have subjects only bound to their Princes , and the Prince nothing at all bound to them againe . In Polonia , which being first a Dukedom was made a Kingdom , about the same time that this forme of electing of the German Emperour was prescribed ; the manner of Coronation of their Kings , is in substance the very same , that we have declared to be of the Emperour . For first of all , the Arch-Bishop of Gnesua metropolitan of all Polonia , cometh to the King standing before the high Alter and saith unto him these words . Whereas you are right noble Prince to receive at our hands this day who are ( though unworthily ) in place of Christ for execution of this function , the sacred annointing nnd other Ceremonies , Ensignes , and Ornaments appertaining to the Kings of this Land ; it shall be well that we admonish you in a few words , what the charge importeth which you are to take upon you , &c. Alex Gua guinterum Polon . Tom. 1. & Oricho in Chimer . fol. 9. and 106. Thus he begineth ▪ and after this , he declareth unto him for what end he is made King , what the obligation of that place and dignity bindeth him unto , and unto what points he must sweare , what do signifie the Sword , the Ring , the Sceptor , and the Crown that he is to receive , and at the delivery of each of these things he maketh both a short exhortation unto him , and prayer unto God for him . And the Kings Oath in these words . Promi●o coram Deo & angelis ejus , I do promise and swea●e before God and his An●els , that I will do Law and Justice to all , and keepe the peace of Christ his Church , and the union of his catholick Faith , and will do and cause to be done , du● and canonic●ll honour unto the Bishops of ●his Land , and to the rest of the Clergy , and if ( which God forbid ) I should break my Oath , I am content that the Inhabitants of this Kingdom , shall owe no duty or obedience unto me as God shall help me and Gods holy Gospels . Bodin derep . l. 2. c. 9. After this Oath made by the King , and received by the subjects , the Lord Martiall Generall of the whole Kingdom , doth aske with a loud voice of all the Councellors , Nobility , and people there present , whether they be content to submit themselves unto this King , or no , who answering yea : the arch Bishop doth end the residue of the ceremonies , & doth place him in the royal Throne , where all his Subjects do homage unto him , and this for Polonia . In Spayne I do find , that the manner of admitting their Kings was different , and not the same before and after the distruction thereof by the Moores ; bu● yet that in both times their Kings did swear in effect the self-same points which before have been mentioned in other Kingdoms . For first , before the entring of the Moores when Spayne remained yet one generall Monarchie , under the Gothes , it is recorded in the four●h nationall Councel of Toled● , which was holden the year of our Lord , 633. according to Ambrosio Morales , the most learned and diligent historiographer of Spayne . Amb. Morales li. 11. c. 17. hist . Hisp . praefat , ejusdem concilij . ( though others do appoint it some few years after ) in this Councel ( I say ) it is said , that their new King S●ssinandus ( who had expelled Suintila their former King for his evill Government . ) This King Sissinandus , I say coming into the said Councel in the third yeare of his reigne ac●ompanied with a most magnificient number of Nobles , that waited on him , did fall down prostrate upon the ground , before the Arch-Bishops , and Bishops there gathered together , which were 70. in number , and desired them with teares to pray for him , and to determine in that Councel , that which should be needfull and most convenient both for maintaining of Gods Religion , and also for upholding and prospering the whole Common-Wealth : whereupon those Fathers after matters of Religion and reformation of manners , which they handled in 73. Chapters . In the end and last Chapter , they come to handle matters of Estate also . Concil . Tol. 4. c. 74. And first of all they do confirme the deposition of King Suintila together with his Wife , Brother , and Children , and all for his great wickednesse , which in the Councel is recounted , and they do deprive them not onely of a little to the Crown ; but also of all other goods , & possessions , moveables and immoveables , saving only that which the new Kings mercy should bestow upon them , and in this Councel was present and subscribed first of all others , ●sidorus Arch-Bishop of Siuil , who writing his History of Spayne dedicated the same unto this King Sissinandus , Ambros . Maral . l. 11. cap. 17. and speaketh infinite good in the same , of the vertues of King Suintila , that was now deposed and condemned in this said Councel ; whereby it is to be presumed , that he had changed much his life afterward , & became so wicked a man , as here is reported . After this , the Councel confirmeth the Title of Sissinandus , and maketh decrees for the defence thereof ; but yet insinuateth what points he was bound unto , and whereunto he had sworn when they said unto him , To quoque p●●aesentem 〈◊〉 Ac juturos aelatum sequentium principes , &c. We do require you , that are our present King , and all other our Princes that shall follow hereafter with the humility which is convenient , that you be meeke and moderate towards your Subjects , and that you govern your people in justice and piety , and that none of you do give sentence alone against any man in cause of life and death ; but with the consent of your publike Councell , and with those that be Governours in matters of judgement . And against all Kings that are to come , we do promulgate this sentence , that if any of them shall against the rever●nce of our Lawes , exercise cruel authority with proud domination , and Kingly Pompe , only following their own concupiscence in wickednes , that they are condemned by Christ with the sentence of excommunication , and have their separation both from him and us to everlasting judgement . But in the next two yeares after the end of this Councel , King Sissinandus being now dead and one Chintilla made King in his place , there were other two Councels gathered in Toled● , the first whereof was but Provinciall , and the second Nationall , and they are named by the names of the fifth and sixt Councels of Toledo . Ambros . Moral . l. 11. cap. 23. & 24. In the which Councells , according to the manner of the Gothes ( who being once converted , from the Arrian haere●ie , were very catholick and devout ever after , and governed themselves most , by their Clergy ) and not only matters of Religion were handled ; but also of State and of the Common Wealth , Concil . 5. cap. 2 , 3 , 4. 5. & conc . 6. cap. 16. 17 , 18. especially about the succession to the Crown , safety of the Prince , provision for his Children , friends , Officers , and favorites after his death , and against such as without election or approbation of the Common-Wealth , did aspire to the same , all these points I say were determined in these Councels and among other points a very s●vere decre● was made in the sixt Councel , conc●rning the Kings Oath at his admission in these words . Consonan une corde & ore promulgamus Deo placituram sententiam . Coucil . Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God , and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme , that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom , he shall not be placed in the Royall Seat , untill among other conditions he hath promised by the Sacrament of an Oath , that he will suffer no man to break the Catholick Faith , &c. By which words especially ( among other conditions ) is made evident , that those Princes sweare not only to keepe the Faith ; but also such other conditions of good Government as were touched before in the fourth Councel , and these things were determined while their King Chintill● was present in Tolledo , as Ambrosio Morales ●oteth . Ambros . Moral . lib. 1. cap. 23. The distruction of Spayne . Before the entrance of the Moores , and before the dividing thereof into many Kingdoms , which happened about ● hundreth yeares after this , to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne , and divided it between them , into divers Kingdoms . Ambros . Moral . li. 13. c. 1. & 2 de la Chron. de Esp● yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias & Biscay ▪ found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings , who was also fled thither , and miraculously saved from the enemies , whom they chose straight wayes to be their King , and he began presently the recovery of Spayne , and was called first King of Asturias , and afterward of Leon , and after his successors got to be Kings also of Castilia , and then of Toledo and then of Aragon , Barcelona , Valentia , Murcia , Cartagena , 〈◊〉 , Cortuba , Granado , Siuil , Portugall , and Nauarra , all which were different Kingdoms at that time , so made by the Moores . And all these Kingdoms were gained againe , by little and little , in more then 700. yeares space , which were lost in lesse then two years , and they never came again indeed into one Monarchy , as they were under Don Rod●igo their last King that lost the whole , untill the yeare of our Lord 158● . when Don Philippe King of Spayne re-united again unto that Crown , the Kingdom of Portugall which was the last peece , that remayned seperated , and this was almost 900. yeares after Spayne was first lost . But now to our purpose , the Chronicler of Spain , named Ambrosio Morales doth record in his Chronicle a certain Law , written in the Gotish-tongue , & left since the time of this Don Pelay● the first King , after the universal distruction of Spain , & the title of the Law is this Como se an delevantar Reyen Espùa , y como el ha de lurar los fueros , Ambros . Moral . l. 13. c. 2. that is to say , how men must make their King in Spain , and now he must swear to the priviledges and liberties of that Nation : & then he putteth the Articles of the Law , whereof the first saith thus . before all things it is establish●d for a law , liberty , and priviledge of Spayne , that the King is to be placed by voices and consent perpetually , and this to the intent that no evill King may enter without consent of the people seeing they are to give to him , that which with their blood and labours they have gained of the Moores Lucas Episcop . Tuyens . in histor . Hispan , Loudou , de molin . lib. de hered . Thus far goeth this first article , which is the more to be marked , for that divers and those most ancient Spanish Authors do say , that from this Don Pelayo , the succession of Kings descended ever by propinquity of blood , and yet we see that election was ioyned there withall in expresse termes . The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings , which is expressed in these words , let the King be chosen aud admitted in the Metropolitan City of this Kingdome , or at least wise in some Cathedrall Church , and the night before he is exalted , let him watch all night in the Church , and the next day let him here masse , & let him offer at Masse a peece of Scarlet , and some of his own money , and after let him communicate , and when they come to lift him up let him step upon a buckler or target and let the cheife and principall men there present hold the Target , & so lifting him up let them & the people cry three times , as hard as they can , Real , Real , Real . Then let the King command some of his own money , to be cast among the people , to the quantitie of the hundr●d shillings , and to the end be may give all men to understand , that no man now is above him , let himselfe tye on his own Sword in the form of a crosse , and let no Knight or other man , beare a Sword that day , but only the King. This was the ould fashion of making Kings in Spain , which in effect and substance remaineth still , though the manner thereof be somewhat altered , for that the Spanish Kings be not Crowned , but have an other ceremony for their admission equall to coronation , which is performed by the Arch-Bishop of Toled primat of all Spain , as the other Coronations before mentioned are by the Arch-Bishop of Moguntia to the Emperour , and by the Arch-Bishop of Guesna to the King of Polonia , and by the Arch-Bishop Praga to the King of Bohemia , and by the Arch-Bishop of Praga to the King of Portuga as was by the Arch-Bishop of Canterbury to the King of England , and by the Arch-Bishop Rhemes to the King of Fraunce , of which Realme of France we may not omit to say somewhat in particular , seeing it is so goodly a Kingdome , and so neere to England , not only in Cituation , but also in Lawes manners and customes , and as the race of English Kings have come from them in diverse manners , since the conquest , so may it be also supposed that the principall ceremonies and circumstances of this action of Coronation , hath beene received in like manner from them . First then touching the act of Cornation , and admission of the King of France , even as before I have said of Spayne , so also in this Kingdom do I find two manners of that action , the one more ancient which the French doe say hath indured in substance from their first Christian King named Clodoueus , unto this day , which is nigh Twelve hundred yeares , for that Clodouius was Christened the yeare of our Lord , 490. in the City of Rhems by Remigius , Bishop of that City , and annointed also , and Crowned King by the same Bishop , which manner and order of anoynting , and Coronation endured after for about six , hundred yeares , unto the time of Henry the first , and King Phillip the first his sonne , both Kings of France . At what time ( which is about 500. yeares a gone ) both the Chroniclers , and Cosmographers of France do testifie , that there was a peculier booke in the library of the Church of Beuais , conteining the particuler order of this action Belfor . l. 3. c. 20. Thevet . cosmograph . univers . l. 15. c. 2. Papir . masson . annal . l 3. pag 2. 15. which had endured from Clodo●eus unto that time . Which order , for so much as toucheth the solemnite of officers in the Coronation and other like circumstances , was far different at that time , from that which is now , for that in those dayes there were no Peers of France , appointed to assist the same Coronation , which now are the chiefe , and the greatest part of that Solemnitie . Yea Girard du Hailan Secretarie of France in his third booke of the affaires , and state of that Kingdom sayth , that the ceremonies of Crowning their ould Kings were much after the fashon which I noted a little before , out of the law of Dan Pelay● first King of Spaine , after the Moores , for that they were lifted up and carried about upon a Target by the chiefe subjects there present as the Spaniards were . But as touching the principal point of that action which is the substance of admitting the King unto his Royal authority , and oath by him made o● Governing well and justly , and of the reciprocall oath of obedience made to him againe by his subjects , it was not much different from that which now is , as shall appeare by the Coronation of the foresaid Phillip the first , who was crowned in the life and presence of his Father , King Henry , after the fashion then used in the yeare of Christ , 1059. and it was in manner following as Nangis , and Tillet , both authours of great authoritie among the French , do recount it , and Francies Belforest , out of them both repeateth the same at large , in these words following . Francis Belfor . hist . Fran. lib. 3. c , 20. in vita Philip 1. King Henry the first of this name , seeing himselfe very ould and feeble , made an Assembly of all the states of France in the City of Paris , in the yeare of Christ 1059. where bringing in his young sonne , and heire Phil●p that was but 9. yeares of age , before them all , he said as followeth . The speach of the Father . Hetherto my deare freinds , and subjects , I have bin the head of your Nobility and men at armes , but now by mine age and disposition of body , I doe well-perceive , that ere it be long I must be seperated from you● and therefore I d●sire you that if ever you have loved me , you shew it now in giving your consent and approbation that this my sonne may be admitted for your King , and apparaled with the Royall ornaments of this Crowne of France and that you will sweare fealtie unto him , and do him homage . Thus said the King , and then having asked every one of the assistance in particuler for his consent apart and afterwards the whole assembly ingenerall , whether they would swear obedience to him or no , and finding all to promise with a good will he passed over the feast of the assention with great ioy in Paris , and after went to Rhemes with all the Court and Tryan , to celebrate the Coronation upon the feast of Whitsunday . Thus far are the words of William de Nangis alleadged in the story of France by Balforest , and it is to be noted first how the King did r●quest the nobility and people to admit his sonne , and secondly how ●e did aske there consents , a part , for that these two points do evedently confirm that ▪ which I said at the begining , that only succession is not sufficient , but that Coronation ever requireth a new consent , which also includeth a certain election or new approbation of the Subjects . This is proved also most manifestly by the very order of Coronation which ensueth in Belforest , taken word for word out of Tillet , in his Treatise of Recordes , in the Chapter of ●nnointing the Kings of France in these words . In the yeare of grace 1059. and 32. of the Reign of King Henry the first of this name of France , and in the 4● yeare of the seat and Bishoprick of Geruays , Arch-Bishop of Rhemes , and in the 23 day of May being Whitsunday , King Philip the first was anointed by the said Arch-Bishop Geruays in the great Church of Rhemes , before the Alter of our Lady , with the order and ceremony that ensueth . The Masse being b●gun , when it came to the reading of the Epistle , the said Lord Arch Bishop turning about to Philip the Prince , that was there present , declared unto him what was the Catholick Faith , and asked him whether he did believe it , and whether he would defend it against all persons whatsoever , who affirming that he would , his Oath was brought unto him ; whereunto he must sweare , which he took and read with a loud voice , and signed it with his own hand , and the words of the Oath were these . I● Phillippe parle grace de Lieu prochain d●estre ordounè Roy de France , promets au jour de mon sacrè devant Dieu & ses sanctes , &c. That is in English , ( for I will not repeate all the Oath in French , seeing it is somwhat long ) The Oath of the King of France . I Philip by the grace of God , neere to be ordained King of France , do promise in this day of my annointing , before Almighty God , and all his Saints , that I will conserve unto you that are Ecclesiasticall Prelates , all canonicall priviledges , and all Law and Iustice due unto every one of y●u , and I will defend you by the helpe of God so much as shall lye in my power , and as every King ought to do , and as by right and equity he is bound to defend every Bishop and Church to him committed within his Realme ; and furthermore I shall administer Justice unto all people given me in charge , and shall preserve unto them the defence of Lawes and eqnity appertaining unto them , so far forth as shall lye in my authority , so God shall helpe me and his holy Evangel●sts . This oath was read by the King , holding his handes between the hands of the Arch-Bishop of Rhemes , and the Bishop of Syon and Bisanson , legats of the Pope standing by with a very great number of other Bishops of the realme , and the said Arc-Bishop taking the Crosse of Rimigius in his hands , he shewed first unto all the audience , the anc●ent authority which the Archbishops of Rhems had even from the time of Remigius that baptized there first Christian King Clodoveus , to annoint and Crown the Kings of France , which he said was confirmed unto them by priviledge of the Pope Hotmisday that lived in the yeare of Christ 516. Belfor . l. 3. cap. 20. and after also by Pope Victor , and this being done , he then ( by licence first asked of King Henry the Father there present ) did chuse Philip for King. Il esleut le dit Philippe son sils , en , & pour Roy de France , which is word for word , the Arch-Bishop chose the said Philip King Henries Sonne , in and for King of France ; which the legates of the Pope presently confirmed , and all the Bishops , Abbots , and Clergy , with the Nobility and people in their order , did the like ; crying out three times in these words . Nous le apprououns , nous le v●ulons , soit fait nostre Roy , that is , we approve his election , we will have him , let him be made our King , and presently was song , Te Deum laudamus in the quyar , and the rest of the Ceremonies of annointing and Coronation were done , according to the ancient order of this solemnity , used in the time of King Philips predecessors Kings of France . Thus far do French stories recount the old and ancient manner of annointing and Crowning their Kings of France , which had endured as I have said , for almost 600. yeares , that is to say , from Clodoueus unto King Philip the first , who was crowned in France 7. yeares before our William Conqueror ( who also was present at this Coronation , and had the third place among the temporall Princes as Duke of Normandy ) entred into England ; but after this time the manner and Ceremonies was somwhat altered , and made more majesticall in outward show , and this especially by King Lewis surnamed the young , Nephew to the foresaid King Philip , who leaving the Substance of the action as it was before , caused divers externall additions of honour , and Majesty , to be adjoyned thereunto especially for the Coronation of his sonne Phillip the second surnamed Augustus , whom he caused , also to be Crowned in his dayes , as his Grand-Father Phillip had been , and as himselfe had been also in his Fathers dayes . This man among other Royal Ceremonies ord●ined the offices of the twelve Peers , of Fraunce , 6 Ecclesiasticall , and 6. temporall , who are they which ever since have had the cheifest places and offices in this great action , for that the foresaid Arch-Bishop of Rhemes intituled also Duke of Rhemes , hath the first and highest place of all others , and 〈…〉 King. The Bishop and Duke of Laon beareth the gl●sse of sacred 〈…〉 and Duke of Langres the Crosse : The Bishop and Earl of 〈…〉 , the Bishop and Earle of Noyon the Kings girdle , and Last of all , the Bisho● and 〈◊〉 of Chalons , doth carry the ring , and these are the 6 acclesiasticall Peites of France with their offices in the Coronation . The temporall Peers are the Duke of Burgundie , Deane of the order , who in this day of Coronation holdeth the Crowne the Duke of Gasconi● and Guyene the first banner quartered , the Duke of Normandie , the Second banner quartered , the Earl of Tholofa the golden Spurres , the Earl of Champanie , the banner Royall or standard of Warr , and the Earl of Flanders the Sword Royall , so as there are 3 Dukes and 3. Earles one of both rankes of Spirituall and temporall Lords , and as Gidard noteth the King is apparraled on this day 3 times , and in 3 , severall sortes , the first as a Priest , the second as a King , Warrier , the third as a Judge , Girard du haillan li. 3. de Pestat . page 240. 242. and 258. and finally he saith , that this solemnitie of annointing and Crowning the King of France , is the most magnificent , gorgious & Majesticall thing that may be seen in the world , for which he referreth us not only to the particuler Coronations of these two ancient King Philips , the first and second , but also to the Coronation of Henry the Second . But to say a word or two more of Phillip Augustus before I passe any further which happened in the year 1179. and in the 25. of the reigne of our King Henry the 2. of England , who as the French stories say was present also at this Coronation , and had his ranke among the Peeres as Duke of Normandy , and held the Kings Crown in his hand , and one of his Sonnes had his ranke also a Duke of Gasconie , and the form used in this Coronation was the very same which is used at this day in the admission of the Kings of France , in recounting whereof I will let passe al the particular Ceremonies which are largely to be read in Francis Belforest , in the place before mentioned , and I will repaire onely the Kings Oath , which the said author recounteth in these words . The Arch-Bishop of Rhemes being vested in his pontificall attire , and come to the Alter to begin Masse ( where the King also was upon a high seat placed ) he turned to him and said these words in th● name of all the Cleargie and Churches of France : Sir , that which we require at your handes this day , is that you promise unto us that you will keep all canonicall priviledges law and Justice , due to be kept and d●fend●d as a good King is bound to do in his Realme , and to every Bishop and Church to him Committed whereunto the King answered . I do promise and avow to every one of you and to every Church to you committed , that I will keep and maintaine all canonicall priviledges law and Justice due to every man to the uttermost of my power , and by Gods helpe shall defend you as a good King is bound to doe ; in his Realme . This being done the King did sweare and make his Oath , laying his handes upon the Gospell in these words following . Au●nom de Iesus Christ , ie Jure & promots aw peuple Christi●n a may suject cos thoses , &c. Which is in English : in the name of Jesus Christ I do sweare and promise to all Christian people subject unto me these poiuts ensuing first to procure that all my subjects be kept in the union of the Church , and I will defend them from all excesse , rapin extortion , and iniquitie , Secondly I will take order that in all iudgments justice shall be kept , with equity and mercy , to the end that God of his mercy may conserve unto me with my people his holy grace and mercy . 3. I shall endeavour as much as possibly shall lie in me , to chuse and drive out all my Realm and all my Dominions , all such as the Church hath or shall declare for Heriticks as God shall help me and his holy Gospells . Thus sweareth the King , and then kisseth the Gospells , and immediately is sung . Te Deum laudamus , and after that are said many particular prayers by the Arch-Bishop , and then is the King vested , and the ring , scepter Crown and other Kingly Ornaments and Ensignes are brought and put upon him , with Declaration first what they signifie , and then particuler prayers are made to God , that their signification may be by the King fulfilled . And after all ended the Arch-Bishop with the Bishops do blesse him , and say these words unto him . God which reigneth in Heaven , and governeth all Kingdoms blesse you , &c. Be you stable and constant , and hold your place and right , from henceforth which here is committed and layd upon you by the Authority of Almighty God , and by this present tradition and delivery which we the Bishops and other Servants of God do make unto you of the same , and remember you in place convenient , to bear so much more respect and reverence unto the Clergy , by how much nearer then other men you have seene them to approach to Gods Alter , to the end that Jesus Christ Mediatour of God and man , may confirme & maintaine you by the Clergy and people , in this your Royall Seat and Throne ; who being Lord of Lords , and King of Kings , make you raigne with him and his Father , in the life and glory everlasting . Thus saith the Arch-Bishop unto him , and after this he is led by him and the other Peeres , unto the seat Royall , where the Crown is put upon his head , and many other large Ceremonies used , which may be read in the Author aforesaid , and are to long for this place . And yet have I bin the larger in this matter of France ; for that I do not think it to be improbable , which this Author and others do note , to wit , that most Nations round about have taken their particuler formes of Anointing and Crowning their Kings , from this ancient Custome of France , though the substance thereof , I meane of their sacring and Anointing , be deduced from examples of far more antiquity , to wit , from the very first Kings among the people of Israel . 1. Reg. 10. & 16. 2. Reg. 2. whom God caused to be anointed by his Priests and Prophets , in token of his election , and as a singuler priviledge of honour and preheminence unto them whereof King David made so great accompt when he said to the Souldier that had kissed Saul his enemy in the war. 2. Reg. 1. quaere non to ●uisti mittere manum tuam in Christum Domini , Why diddest thou not feare to lay thy hands upon the Anointed of God , and he put him to death for it notwithstanding Saul had been long before deposed , and rejected by God , and that himselfe had lawfully borne Armes against him for many dayes , so much was that ceremony of Anointing estemed in those daies and so hath it been ever since among Christian people also , for that Kings hereby are made sacred , and doe not only participate with Priests , but also with Christ himselfe who hath his name of this circumstance of Anointing as all the world knoweth . Probable then I say it is , that albeit the substance of this ceremony of Anointing King be much elder then the Christian Kingdom of France : yet is this particuler rule and maiesticall manner of doing the same by way of Coronation , the most ancient in Frauce aboue all other Kingdomes round about , especially if it began with their first Christian King Clodovious not full 500. Yeares after Christ , as French Authors doe hold . At what time also they recount a great miracle of holy Oyle sent from Heaven by an Angell for Anointing Clodou●us , whereof they say they have still remaining for the Anointing of their Kings at Rhemes , which point I will not stand to treat or discourse in this place , but rather will referr my reader to the foresaid Chapter of Francis Belforest Chronicler of France , Belfo. l. 3. Cap. 17. who alleadgeth divers writers of almost 500. year antiquitie that write of the same , but howsoever that be , very propable it seemeth that all the ceremonies of Coronation in Germany and Polonia before receited ( which had their begining long after the reigne of Clodoneus ) might be taken from thence , & so the affinity & likenesse of one to the other doth seeme to agree , and Garibay also the Chronicler of Spaine , and Nauarra , in his 22. Booke Estevan , Garribay . lib. 22. c. 1. talking of this custome of annointing and Crowning the Kings of Nauarra , saith , that this excellent custome began there ( I meane in Nauara ) about 800. yeares past and was brought in by certain Earls of Champain of France named Theobaldes who comming to attaine that Crowne brought with them that reverent ceremony of Anointing and Crowning their Kings , according to the use of the French , which custome endureth untill this day in that part of Navarra that is , under the house of Vandome , albeit in the other that is under the Spaniards ( which is firr the greater it was left of in the Year 1513. when Fardinande surnamed the Cathol que King of Spaine entred thereupon , for the Spanish Kings are never Anointed nor Crowned but otherwise admitted by the Common wealth . But among all other Kingdomes it seemeth that England hath most particularly taken this custome , & Ceremony from France , not only for the reason before alleadged that diverse of our English Kings have come out of France , as William Corquerour borne in Normands , King Steven soune to the Earl of Blois , and Bolen , a French man , and King Henry the Second born likewise in France , and sonne to the Earl of A●iou : but also for that in very deede the thing it selfe is all one in both Nations , and albeit I have not seen any particuler Book of this action in England , as in French there is : yet it is easie to gather by stories What is used in England about this affaire . For first of all , that the Arch-Bishop of Ca●terbury did ordinarily doe this ceremony in England , as the Arch-Bishop of Rhemes doth it in France , there is no doubt , and with the same solemnity and honour , according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici . noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury , for that in the absence of Thomas Becket Arch-Bishop of Canterbury , and without his licence , they did Crown King Henry the seconds sonne , named also Henry , at his Fathers perswasion , and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father , to this disorderly and violent coronation by his Fathers appointment . Secondly , that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation , is about religion , Church matters and the Clergie ( as in France we have seen ) it appeareth evedently by these words which the same Arch-Bishop Thomas ( surnamed commonly the martyr ) remaining in banishment wrote to the same King Henry the Second which are these . Memores sitis confessionis quam fecitis & posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate , quando consecrati fuistis , & uncti in regem a pradecessore nostro Thebaldo . Invita D. Thom. Cantuar. apud surium in mense Decembris . Which is , do you call to your remembrance , the confession , which you made and laid upon the Alter at Westminster , for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessour . By which words appeareth , that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury , so did he sweare and give up his Oath also in writing , and for more solemnity and obligation , laid it down or rather offered it up with his owne hands upon the Alter , so much as was required of him by the said Arch-Bishop and Clergie , for the speciall safety of Religion , and these Ecclesiasticall liberties , which is the selfe same point that we have seene before , as well in the Oath of the Kings of France , as also of Polonia and Spaine , and of the Emperours both Grecian and German . The very like admonition in effect I finde made by another Thomas Arch-Bishop of Canterbury , to another King Henry , to wit by Thomas A●undell to King Henry the fourth , when in a Parliament holden at Coventry , in the Yeare 1404. the King was tempted by certain temporall men , to take away the temporalities from the Clergie , whereunto when the said Arch-Bishop Thomas had answered by divers reasons , at last turning to the King ●e besought him [ saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made , that he would honour and defend the Church and ministers thereof , Whereof 〈◊〉 desired him to permit and suffer the Church to enjoy the priviledges and 〈…〉 of his prodecessours it did enjoy , and to fear that King which reig●eth 〈…〉 , & by whom all other Kings do reigne , moreover he desired him to consider his promise also to all the realm , which was that he would preserve unto every man their wright and title , so far as in him lay . By which speech of the Arch-Bishop the King was so far moved , as he would heare no more of that bil of the laytie but said that he would leave the Church in as good estate , or better then he found it , and so he did , but yet hereby we come to learne , what Oath the Kings of England do make at their Coronations touching the Church and Clergie . The other conditions also of good government , are partly touched in the speech of the Arch-Bishop , Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath , recorded by ancient writers , for that he sweareth as both Holinshead and others do testifie , in their English stories , in these very words , to wit. That he will during his life , beare reverence and honour unto almightie God , and to his Ca●holique Church , and unto his Ministers , and that he will administer law and justice equall to all , and take away all unjust Lawes . Which after he had sworne , laying his handes upon the Gospells : then doth the Arch-Bishop [ turning about to the people ] declare what the King hath promised and sworne , and by the mouth of a harrald at armes asketh their consents , whether they be content to submit themselves unto this man as unto their King or no , under the conditions proposed , whereunto when they have yealded themselves , then begineth the Arch-bishop to put upon him the regall Ornaments , as the sword , the ring , the scepter , & Crown , as before in the French Coronation you have heard , and namely he giveth him the Scepter of Edward the Confessor , and then he adeth also the same words of Commission and exortation as the other doth , to wit , stand and hold thy place and keepe thy Oath , and thereunto adjoyneth a great communication or treat , on the behalf of Almighty God , if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn , and this is the summe of the English Coronation , which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine , ( according as other things in that his brief collection are set down ) but especially you shall se it in the admissions as well of the said King Henry the 4 now last mentioned , as also of K. Edward the fourth , at their first entrances to the Crown , for in the admission of K. Henry , Stow sheweth , how the people were demanded thrice whether they were content to admit him for their King , and that the Arch-Bishop of Canturbury ( who was the same Thomas Arundell of whom we speak before ) did read unto them what this new King was bound by Oath unto , and then he took the Ring , wherewith he was to wed him to the Common-wealth ( which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage ) and the Earle of Northumberland high Constable of England , for that day , was willing to shew the said Ring to the people , that they might thereby se the band whereby the King was bound unto them . And then it was put upon his finger , and the King kissed the Constable in signe of acceptance , fel on his knees also to prayer that he might observe his promise , and other like Ceremonies , saith Stow , were used , and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Arch-Bishop put him afterward in mind of this his Oath as before I have shewed that he did . At the admission also of King Edward the fourth . 1 the peoples consent was demanded very solemnly in Iohns field by London , the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title , by succession before in the Parliament holden at Westminster . And now this consent of the people being had , ( or he being thus elected at Stowes words are ) he went the next day in procession at Paules , and offered there , and after Te Deum being sung , he was with great royalty conveyed to Westminster , and their in the hall set in the Kings seate , with Edwards scepter in his hand , and then the people were asked again if they would have him King , and they cryed yea , yea . And if any would take exception against these of King Henry and King Edward the 4 because they entred and began their Reignes upon the deprivation of other Kings then living , that are yet many living in England that have seene the severall Coronations of King Edward the 6 Q. Mary , Q Elizabeth , K. Iames , K. Charles , and can witnesse that at all and every of their Coronations , the consent of the people and their acceptation of those Princes is not only demanded by the publique cry of a Harold at armes , which standeth on both the sides of the high Scaffold , or stage whereon the Prince is Crowned , and the peoples answer expected , till they cry yea , yea : but also that the said Princes gave there , their corporall oath upon the Evangelists unto the Bishop that Crowned them , to uphold and maintaine faith aforenamed , with the Liberties and Priviledges of the Church , as also to governe by justice and law as hath been said : which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queenes of England , from the dayes of King Edward the Confessor at the least , and ●e that will see more points of these oaths set down in particuler let him read Magna Charta , and he will be satisfyed . By all which , and by infinite more that might be said and alleadged in this matter , and to this purpose , it is most evident , that this agreement , bargain , & contract between the King and his Common-wealth , at his first admission , is as certain and firme ( notwithstanding any pretence or interest he hath or may have by succession ) as any contract or marriage in the world can be , when it is solemnized by words de praesenti [ as our law speaketh ] between parties espoused before by words de futuro , which is an act that expresseth this other most lively , and consequently I must needs affirme it , to be most absurd base and impious , That only succession of bloud , is the thing without further approbotion , which maketh a King , and that the peoples consent to him , that is next by birth , is nothing at all needfull , be he what he will , and that his admission , inuncti●n , or Coronation is only a matter of externall Ceremony , without any effect at all , for increase or confirmation of his right ; these ( I say ) are vnlearned , fond , and wicked assertions , in flattery of Princes , to the manifest ruine of Common-wealths and perverting of all Law , order and reason . The sixt Speech . COncerning the interest of Princes before their Coronation , most of them have not failed to find as shamles flatterers , as themselves were either vaine or wicked Princes , and for my part I am of opinion , that the propositions of Belloy did rather hurt and hinder , then profit the Prince ; for whom and in whose favour he writ them , is the King of Navara , whom hereby be would have admitted to the Crowne of France , without all consent or admission of the Realm . But I for my part , as I doubt not greatly of his title by propinquity of bloud , according to the law Salique ; so on the other side , am I of opinion , that these propositions of Belloy in his behalf , that he should have entered by only title of birth , without condition consent or approbation of the Realm , as also without Oath , Anointing , or Coronation , yea of necessity , without restraint or obligation to fulfill any law , or to observe any priviledges to Church , Chapell , Cleargy , or Nobility , or to be checked by the whole Realm , if he rule amisse : these things I say , are rather to torify , the people and set them more against his entrance , then to advance his title ; and therefore in my poore judgment , it was neither wisely written by the one , not politiquely permitted by the other . And to the end you may se what reason I have to give this censure , I shall here set down his own propositions , touching this matter as I find them in his own words . First then he avoucheth , that all families which enjoy Kingdoms on the world were placed therein by God only , aud that he alone can chang the same , which if he referr unto Gods universal providence , quae attingit à fine vsquae in finem fortiter , ●s the Scripture saith , and without which a sparrow falleth not to the ground , as our Saviour testyfieth , Matt. 6. no man will deny but all is from God either by his Ordinance or permission ; but if we talke ( as we do ) of the next and immediate causes of an Empyres , Princes , and of their changes ; cleere it is , that men also do and may concurre therein , and that God hath left them lawfull authority so to do , and to despose thereof , for the publique benifit , as largly before hath been declared , and consequently to say that God only doth these things , and leaveth nothing to mans judgment therein , is against all reason , use and experience of the world . The second proposition of Belloy is , that where such Princes be once placed in Government , and the Law of succession by birth established ; there the Princes children or next of kin do necessarily succeed , by only birth without any new choice or approbation of the people , Nobility , or Clergy , or of the whole Common-wealth together . Apolog. Cathol . part . 1. parag . 7. And to this assertion he joyneth an other as strange as this , which is , that a King never dyeth for that whensoever or howsoever he ceaseth by any meanes to Governe , then entreth the successor , by birth not as heyre to the former , but as lawfull governour of the Realm without any admission at all , having his authority only by the condition of his birth , and not by addoption or choice of any . Apolog. pro Rege . c. 6. & 34. Which two propositions albeit they have been sufficiently refuted , by that which hath been spoken in the last two chapters going before , yet shall I now again convince more amply the untruth thereof . Other two propositions he addeth , Apolog. Cathol . part . 2. parag . 7. & pro Rege c. 9. That a Prince once entred to Government and so placed as hath been said , is under no law or restraint at all of his authority , but that himselfe only is the quick and living law , and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will obey or how their Prince shall govern them , but must leave his authority free from all bands of law , and this either Willingly or by violence , is to be procured . By which words it seemeth that he painteth out a perfect patterne of a tyrannicall Government , which how it did further the King of Navar I do not know . His other proposition is , Apolog. pro Rege Cap. 20. That albeit the heire apparant which is next by birth to any Crown , should be never so impotent , or unfit to Govern , as if ( for examples sake ) he should be deprived of his sences , mad , furious , lunatique , a fool , or the like , or that he should be known on the other side to be most malicious , wicked , vitious or abominable , or should degenerate into a very beast , yea if it were known that he should goe about to destroy the Common Wealth , and drowne the ship which he had to guide , yet ( saith this man ) he must be sacred and holy unto us , and admitted without contradiction to his inheritance , which God and nature hath laid upon him , and his direction rèstraint or punishment must only be remited to God alone ; for that no man or Common-wealth , may reforme or restrain him . Which I doubt not will seeme unto you rather belly and base doctrine , then to come from the head of any learned or discreet man , that regardeth the end why Common-wealths , and Kingdoms , and all Governments were ordained by God and nature , and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole . But now to the particuler matter that we are to treat , which is , what is to be attributed to this succession or propinquity of birth alone , I am of opinion , that albeit their want not reasons on both sides among learned men , what kind of providing Governours to Common-wealths is best , either by simple and free election only or by succession of birth : my opinion ( I say ) is , that succession is much to be preferred , not for that it wanteth all difficulties and inconveniences ( which all temporall things uppon earth have ) but like as before I have shewed of the particuler Government of a Monarchy in respect of other forms of regiment to wit , that is wanted not all , but had fewer inconveniences then their formes of Regiment have so say I also of this , that albeit some inconveniences want not in succession yet are they commonly far lesse and fewer , then would follow by meere election which are subiect to great and continuall dangers of ambition , emulation , division , sedition , and contention , which do bring with them evident peril of universall destruction and disolation of the whole body , and this at every change of the prince , which change on the other side , is much assured by succ●ssion , for that great occasions of strife and contention are there by cut of . 2. And besides this , the Prince who is in present possession knowing that his son or next of kin , is to be his heire , hath more care to leave the realme in good order , as we see that the husbandman hath to till and manure that ground , which is his owne , and to remaine to his posterity . 3. A third commodity also there is , for that lesse mutations and alterations are seen in the Common-wealth , where succession prevaileth , for that the sonne following his father , doth commonly retaine the same friends , councellors , officers , and servants , which his father had before him : pursueth the same actions and intentions , with the same manner of proceeding for the most part ; whereas he that entereth by election , being an aliene to him that went before him , and never lightly his friend , doth change alter and turne upsidowne all things . 4. Furthermore ( which may be also a fourth reason ) he that entereth by succession , for that he is either borne a Prince , or hath been much respected still for his title to the Crowne , bringeth with him lesse passions of hatred , emulation , anger , envie , or revenge against particuler men ( for that no man durst offend him ) then doth he which entereth by only election , for that he having bin a subject & equall to others before his advancement , and thereby holding contention with many , espetially at this election , must needs have matter of quarrell with many , which he will seeke easily to revenge when he is in authority , as one the other side also such as were his equals before will beare him lesse respect and more unwillingly be under him , then by birth he had been there Soveraigne . 5. These and diverse other are the comodities of succession , whereunto we may also add the preheminence and priveledge of primogenitura , and auncetrie of birth so much respected and commended by holy writ , not only in men , but in all other creatures also , whose first borne were dedicated to God himselfe , and one notable example among other occurreth to my mind of the two sonnes of Isack , of the which two albeit God hath ordained to chuse the younger before he was borne , as S. Paul testifieth , and to reject the elder , that is to say , that Iacob should inherite the benediction & not Esau : Yet would God have his yonger to procure the said priviledge of eldership from Esau by divers means as first by bargain , and after by guile according to the storie we read in Genes . 15 and 49. Deut. 21. and 15. 2 Paralip . 21 and 3 Exod . 3. and 2. Rom. 9. and 13 : Genes . 28 and 27. Out of which story two points may be pondered much to our purpose , first that primogenitura or eldership of birth ( as I have said ) was greatly respected by God , and according to that , all the disce●t● and successions of Kings were commonly among that people , for that ordinarily the elder 〈◊〉 ever succeded his Father in the Crowne of Iury. And the secon● p●int 〈…〉 God would shew even in this begining , that yet this priviledge was not so 〈◊〉 , but that upon just causes it might be broken , as it was by this his choyce of Iacob the yonger and rejecting Esau the Elder , and many times after in matter of government the same was practised by God himselfe , as when Iudah the fourth tribe and not Ruben the 1 and Eldest was apointed by God enioy the scepter and Crown of the Iewes , as also when King David died not in his first second or third sonne , but his tenth in order , to wit , Solomon who was also the fourth that he had by Bersabe , was appointed for his successor , Genes . 29 and , 9. Exod , 1. 2. Reg. 5. 1. Paral. 3. So that in very deed we have here both our two cases that were propounded in the begining , over ruled and determined by authority and example of holy writ it selfe , namely ; and 1 of all , that priority and propinquitie of blood in succession , is greatly to be honored regarded and preferred in all affairs of digni●ie and principallity , ( which is the second point ) are we not so absolutly and peremptorily bound thereunto alwaies , but that upon iust and urgent occasions that Course may be altered and broken . Which licence or liberty is indeed , the only ( or at least wise ) the most principall remedy for such inconveniences as before I shewed to be farr lesse and fewer then are wont to follow of bare election alone yet did I confesse also , that some did or might fall out , as namely , that the person who by sucession of blood is next , may be unable or un●it , or pernicious to governe , in which cases the remedy is ( as before hath been declared ) hitherto helpe and assist him by lawe directions and wise councells , if he be capable thereunto or else to remove him and take in another of the same blood royal ( though further of in degre or propinquity ) in his place . And this is and hath ben the Custom & practice of all Kingdoms and Commonwealths from the begining , since succession hath ben established among them , and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings & Princes , which are election , and succession ; for by succession we do remedy the inconveniences and dangers before mentioned of bare electiō , to wit , of strife , banding , ambition , & the like , and by this other mean of adding also election , consent , and approbation of the Realme to succession ; we remedy the inconveniences of bare succession alone , which inconveniences are principally , that some un●pt impotent or evill Prince may be offered some times to enter by , periority of blood ; whereof the Realme may deliver it selfe , by this other meanes of not admitting him , so as election by succession , and succession again by election is salved , and the one made a preservative and treacle to the other , and this is the wisdom and high policy left by God and nature , to every Common-Wealth , for their own conservation and maintenance , and every man that is of reason and iudgment , and void of passion will not onely allow , but also highly commend the same . Now then to answer in particular to the two questions . 1 what is to be attributed to succession alone , and secondly what interest a Prince hath thereby to any Crowne , before he be Crowned or admitted by the common wealth . To the first I say , that to succession alone , or priority of blood only , great honour ▪ reverence , and ●espect ought to be borne , ●s before hath been declared , for that it is the principall circumstance and condition which leadeth us to the next succession of the Crown infalibly , and without a strife : if his propinquity be cleare and evident , and that other nec●ssary circumstances and conditions do concur also in the same person ; which conditions were appointed and set down at the same time , and by the same authority that this law of succession was established , for that both the one and the other of these 2. poin●s , were ordained by the Common-Wealth , to wit , that the elder and first in blood , should succ●ed , and that he should be such a person as can and will govern to the publike weale of al. To the second question I answer , that an heyre apparent to a Crown before his Cor●nation and admission by the Realm , if he have the conditions before required , hath the same interest to the Kingdom , which the King of Romans , or Cesar hath to the Germain empyre after his election and before he be crowned or to use a more familiar example to Englishmen , as the Mayor of London hath to the majoralty , after he is chosen , and before he be admitted , or have taken his Oath . For as this man in rigour is not truly Mayor , nor hath not his jurisdiction before his Oath and admission , nor the other is properly Emperour before he be crowned : so is not an heyre apparent , truly King though his Predecessour be dead , and he next in succession , untill he be crowned or admitted to the Common-Wealth . Another example is there in Mariage also , whereby our matter is made more playn ; for in this contract go both the betrothing and actuall joyning together of the parties in wedlock , the first is done by words de futuro , or for the time to come , and is not properly Mariage , but espousal only , the other is by words depresenti , that is , by mutual present consent given of both parties , and this second is only and properly true Marriage , which two points are expresly represented in the state of an Heyre apparent , and of a Crowned King ; for that the Heyre apparent by propinquity of blood , is only espoused or be●rothed to the Common-Wealth , for the time to come , and is married afterwards by present mutuall consent of both parties , in the contract and knitting up of the matter , as his Coronation , by the Oathes which either part maketh the one to take the other , and by putting on the ring and other , wedding garments before mentioned in their Coronations , by all which the heyre apparent , ( which before was but espouse ) is made now the true King and husband of the Common-Wealth , which before he was not , by only succession ; but only a betrothed spouse or designed King. Wherefore it followeth also , that the Common-Wealth oweth no allegeance or subjection unto the heyre apparent in rigour of Justice , untill he be crowned or admitted , though his Predecessour be dead , for that in very deed untill that time , he is not their true King and Soveraign , though for better keeping of order and avoyding of Tumul●● , all Common-Wealths lightly that have their Princes by succession , have ordayned in these latter ages , that from the death of the former Princes , all ma●ters of government shall passe in the name of his next successor ( if his succession be cleare ) and this ( as I say ) for avoyding of garboyles , and under supposall of confirmation and approbation afterward of the Common-Wealth , at his Coronation ; for which cause also , and for better accompt of yeares , it was ordained that the begining of the successors reigne , should be reckoned from the day of the death of his Predecessor , and not from the day of his Coronation , as otherwise in rigour it ought to be , and as in old time it was accustomed to be as Girard Secretary and Chronicler of France , doth wisely note , in his third book of the estate and affaires of France , Girard die Haillan l. 3. del . estate pag. 241. to wit , that Kings in old time were wont to accompt the yeares of their reignes from the day only of their anointing and Coronation . This point also that heyres apparent are not true Kings untill their Coronation : how just soever their title of succession otherwise be , and though their Predecessours be dead ; it might be confirmed by many other Arguments , but especially and above all others ; for that the Realm is asked again three times at their Coronation , whether they will have such a man to be King , or no , as before hath been shewed , which thing were in vain to ask if he were truly King , as Belloy saith , before his Coronation . Again we see in all the formes and different manners of Coronations , that after the Prince hath sworn divers times to govern well and justly , then do the subjects take other Oathes of obedience and allegiance , and not before , which argueth that before they were not bound unto him by allegiance , and as for the Princes of England , it is expresly noted by English Historiographers in their Coronations . how that no aliegeance is due unto them before they be Crowned , and that only it happened to Henry the fifth , among all other Kings , his Predecessour to have this priviledg , and this for his exceeding towardlinesse , and for the great affection of the people towards him , that he had homage done unto him , before his Coronation , and Oath taken . Whereof Polidor writeth in these words : Princeps Heuricus facto patris funere , concilium principum apud Westomansterium convocandum eurat , in quo dum de rege creando more maiorum agitabatur , esse tibi , conti●uo ●aliquot Principes ultro in ejus verba mirare coeperunt , quod benevolentiae officium nulli antea priusquam Rex renunciatus esset , praestitum constat , adeo Henricus ab ineunte aetate sp●m omnibus optimae indolis fecit . Polyd●r . virg . lib. 22. histor . Angliae in vita Henrici 5. Which in English , is this Prince Henry , after he had finished his fathers funeralls , caused a Parliament to be gathered at Westminster , where whilst consultation was had , according to the ancient custome of England , about creating a new King ; behold certain of the Nobility of their own free wils , began to swear obedience and loyalty unto him ; which demonstration of love and good will , is well known that it was never shewed to any Prince before , until he was declared King : So great was the hope that men had of the towardlines of this P. Henry , even from his tender age , and the very same thing expresseth Iohn Stow also in his Chronicle in these words . To this noble Prince by assent of the Parliament , all the States of the Realm after 3 dayes , offered to do fealty before he was Crowned , or had solemnized his Oath well and justly to Governe the Common-wealth , which offer before was never found to be made to any Prince of England , Stow in the begining of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted : that K. Henry the 5. was not called King untill after his Coronation , but only Prince , though his father King Henry the 4. had been dead now almost a moneth before . And secondly that the Parliament consulted de Rege creando more majorum ( as Polidor his words are ) that is making of a new King according to the ancient custome of their ancestors , which argueth that he was not yet King , though his father were dead , nor that the manner of our old English ancestors , was to account him so before his admission . Thirdly , that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation , and Oath selemuized well and justly to Governe the Realm , was very extraordinary and of meere good will. And last of all , that this was never done to any Prince before K. Henry the 5 , all which points do demonstrate , that it is the Coronation and admission , that maketh a perfect and true King ; whatsoever the title by succession be otherwise , And that except the admission of the Common-wealth be joyned to succession , it is not sufficient to make a lawfull King , and of the two , the second is of far more importance , to wit the consent and admission of the Realm , then nearnesse of bloud by succession alone . This I might prove by many exampl●s in England it self , where admission hath prevailed against right of succession , as in Wil. Rufus that succeded the Conquerour , and in K. Henry the 1. his brother , in K. Stephen , K. John and others , who by only admission of the Realm were Kings , against the order of succession , and very specially it may be seene , in the two examples before mentioned of the admission of the two Kings Henry and Edward , both surnamed the 4. whose entrances to the Crowne , if a man do well consider . he shall find that both of them , founded the best part and most surest of their titles , upon the election consent , and good will of the people . As in their last words to their friends in Sr. Tho. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience , ( as it seemed ) for they had caused so many men to dye for maintenance of their severall Rights and titles , ●ad no better way to appease their own minds ; but by thinking that they were placed in that roome by the voice of the Realm , and consequently might lawfully defend the same , and punish such as went about to deprive him . You shall find , if you looke into the doings of Princes in all ages , that such Kings as were most politique , and had any lest doubt or suspition of troubles about the title , after their deaths , have caused their sonnes to be Crowned in their own dayes , trusting more to this , then to their title by succession , thongh they were never so lawfully and lineally discended . And of this I could alleadg you many examples out of divers Countries but especially in France , since the last line of Capetus came unto that Crown ; for this did Hugh Capetus himself procure to be done , to Robert his Eldest sonne , in his owne daies , and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth , and excluded his elder onely by Crowning Henry in his owne daies : Henry also did intreate the States of France , to admit and Crown Philip the 1. his eldest son , whilst himself reigned , An. 1131. and this mans son Luys Le Cros , did the same also unto two sons of his : first to Philip , and after his death to Luys the younger , both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name ; for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes , with that great solemnity which in the former chapter hath ben declared . And for this very same cause of security , it is not to be doubted , but that alwaies the Prince of Spaine is sworn and admitted by the Realm● , during his Fathers reign . The same consideration also moved King David , 2 Reg. 1. to Crown his son Salomon in his own daies . Our King Henry also the 2 of England , considering the alteration of that the Realm had made in admitting K. Stephen , Polyd. & Stow. in vita Henrici 11. before him against the order of lineall succession by propi●quity of blood : and fearing that the like might happen also , after him , caused his eldest sonne named , likewise Henry , to be Crowned in his life time , so as England had two K. Henries living at one time with equall authority , and this was done in the 16. year of his Reign , and in the year of our Lord 1170 but his device had no good successe ; for that K. Henry the younger made war soone after upon K. Henry the elder , and had both the Kings of France and Scotland and many Nobles of England and Normandy , to take his part ; for which cause it is thought that this thing hath never been put in practise again since that time in England , but yet hereby it is evident , what the opinion of the world was in those daies of the force of Coronation , and admission of the Common-wealth , and how little propinquity of bloud prevaileth without that . The Seaventh Speech . I Should begin with the Grecian Kings , it were infinite that might be alleadged , and perhaps some man would say , they were over old , and far fetched examples , and cannot be presidents to us in these ages , and if I lay before you the examples of Roman Kings and Emperours put in and out , against the Law aed Rights of succession ; the same men perhaps will answer , that it was by force , and injury of mutinons souldiers , whereunto that Common-wealth was greatly subject . And if I sh●uld bring forth any presidents and examples of holy Scripturs , some other might chance to reply , that this was by particuler priviledge , wherein God Almighty would deale and dispose of things against the ordinary course of mans law , as best liked himselfe , whose will is more then Law , and whose actions are right it selfe , for that he is Lord of all , and to be limitted by no rule , or law of man , but yet that this is not properly the Act of a Common-Welth . Thus ( I say ) it may be , that some man would reply , and therefore having store enough of plain and evident matter , which hath no exception ; for that it hath happened in setled Common-Wealths , and those near home , where the law of succession is received and established , to wit , in Spayne , France , and England , I shall retyre my selfe to them alone : but yet putting you in mind before I passe any further , that it is a matter much to be marked how God dealt in this point with the people of Israel , at the begining , 1. Règ. 8. after he had granted to them , that they should have the same government of Kings , that other Nations round about them had , whose Kings did ordinarily reigne by succession , as ours do at this day , and as all the Kings of the Jewes did afterwards , and yet this notwithstanding , God at the beginning , at the very entrance of their first Kings , would shew plainly that this Law of succeeding of the one the other , by birth and propinquity of blood , though for the most part , it should prevaile ) yet that it was not so precisely necessary , but that upon just causes it might be altered . For proofe whereof , we are to consider , that albeit he made Saul a true and lawfull King over the Iewes , and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state , whereof one principal ( as you know ) is to have his Children succeed after him in the Crowne : yet after his death God suffered not any one of his generation to succeed him , though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation , with eleaven tribes followed for a time , as their lawfull Lord and master by succession , untill God cheked them for it , and induced them to reiect him though heire apparent by discent , and to cleave to David newly elected King , who was a stranger by Birth , and no King at all to the King deceased . And if you say here that this was for the sinne of Saul . whom God had reiected I do confesse it , but yet this is nothing against our purpose , for that we pretend not that a Prince that is next in blood can iustly be put back , except it be for his own defects , or those of his ancestors . And more over I would have you consider , that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne , albeit the sonne hath no part in the fault , as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father ( notwithstanding he had been proclaimed King as hath been said ) but also of Ionathus Saules other sonne , who so good a man , and so much praised in holy Scripture , and yet he being slaine in Warr , and leaving a sonne named Mephiboseth he was put back also , 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David . But David being placed in the Crowne by election , free consent , and admission of the people of Israell , as the Scripture plainly testifieth ( though by motion and direction of God himself . ) we must confesse , 2. Reg. 2 , and 5. and no man I think will deny , but that he had given unto him therewith , all Kingly priviledges prehemiences and regali●ies , even in the highest degree , as was conveniene to such a state , and among other , the Scripture expresly nameth , that in particuler it was assured him by God , that his seed should reigne after him : yea and that for eve● , Psal . 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain ) no nor to any of their of spring or discents , but only to Solomon , which was his younger and tenth sonne , and the fourth only by Barsabe . True it is , that the Scripture recounteth how Adonias Davids elder sonne , that was of rare beauty & a very goodly young Prince , seeing his Father now very ould and impotent , and to lie on his death bed , and himselfe heire apparent by antiquitie of blood , after the death of Absalon , his elder brother that was slain before , he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died , 1. Reg. 1. and for that purpose had ordained a great assembly and banquet , had called unto it both the high priest Abiather , and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah , with other of the Nobillity and with them all the rest of his bretheren , that were sonnes to King David , saving only Solomon , togeather with many other Princes and great men , both spirituall and temporall of that estate , and had prepared for them a great feast , meaning that very day to proclaime himselfe heire apparent to the Crowne , and to be Crowned , as indeed by succession of blood it appertained unto him : and this he attempted so much the rather , by councell of his friends , for that he saw the King his Father very ould and impotent , and ready to die , and had taken no order at all for his successor , and moreover Adonias had understood , how that Bersabe Solomons Mother had some hope to have her sonne Reigne after David , upon a certaine promise that David in his youth had made unto her thereof , as also she had in the speciall favour and friendship which Nathan the Prophet , and Sadock the Priest [ who could do much with the ould King David ] did beare unto her sonne Solomon , aboue all the rest of his Bretheren . Hereupon ( I say ) these two that is to say , Queene Bersabee , and Nathan the Prophet , comming together to the old man , as he lay one his bed , and putting him in mind of his promise , and oath made to Bersabee for the preferment of her Son , and shewing besides how that Adonias without his order and consent , had gathered an Assembly to make himselfe King , even that very day ( which did put the old King in very great feare , and anger ) and further also telling him ( which pleased him wel ) quod oculi totius Israel in eum ●espicerent , ut indicaret eis , quis sederet in solio suo post ipsum : 3. Reg. 1. that is , that the eyes of all Israel were upon him to see whom he would commend unto them , to sit in his seat after him , which was as much to say , as that the whole common-wealth referred it to his choise , which of his Sonnes should reigne after him . Vpon these reasons and perswasions ( I say ) the good ould King was content that they should take Solomon out of hand , and put him upon the Kings owne mule , and carry him about the streets of Ierusalem , accompanied with his guard and court , and crying with sound of Trumpets Vivat Rex Salomon ; 3. Reg 1. and that Sadock the Priest should anoint him , and after that he should be brought back , and placed in the royall Throne in the palace , and so indeed he was , at what time King David himselfe being not able through impotencie , to rise out of his bed , did him honour and reverence from the place where he lay ; for so saith the Scriptures Adoravit Rex in lectulo suo , king David adored his Sonne Salomon thus Crowned , even from his bed , all which no doubt though it may seeme to have been wrought by humane meanes and policy , yet must we confesse that it was principally by the speciall instinct of God himselfe , as by the sequell and succes we see , so that hereby also we are taught , that these and like determinations of the people Majestrates , and common wealths , about admitting or refusing of Princes to Reigne or not to Reigne ever them , when their designements are to good ands , and for just respects and causes are allowed also by God , and oftentimes are his owne speciall drifts and dispositions , though they seeme to come from man. Whereof no one thing can give a more evident proofe , then that which ensued afterward to Prince Roboam , the Lawfull Sonne , and heire of this King Salamon , who after his Fathers death comming to Sichem where all the People of Israel were gathered together , for his Coronation , and Admission , according to his right by succession , 3. Reg. 12. For untill that time we see he was not accounted true King , though his Father was dead , and this is to be noted , the people began to purpose unto him certain conditions , for taking away of some hard and heavy impositions , laid upon them by Salomon his Father , ( an evident president of the oath and conditions that Princes do swear unto in these dayes at their Coronation ) whereunto when Roboam refused to yeald ten Tribes of the twelve refused to admit him for their King , 3. Reg 11. but chose rather one Ieroboam Robohams servant , that was a meere stranger and but of poore parentage , and made him there lawfull King and God allowed thereof as the Scripture in expresse words doth testifie : and when Roboam that tooke himselfe to be openly Injured heereby , would by armes have pursued his Title , and had gathered together an Army of a hundred and foure-score thousand chosen souldiers ( as the scripture sayth ) 5 Rig. 12. and 21. to punish these rebells as he calle them , and to reduce these 10. tribes to their due obedience of their naturall Prince : God appeared unto one Semejah a holy man , and bad him goe to the camp of Roboam , and tell them plainly that he would not have them to fight against their Brethren . that had chosen another King , but that every man should goe home to his house , and live quietly vnder the King , which each party had , and so they did , and this was the end of that tumult which God for the sins of Salomon had permitted and allowed of . And thus much by the way I thought good to touch on t of holy Scripture , concerning the Iewish , Common-Wealth , even at the begining ; for that it may give light to all the rest which after I am to treate of ; for if God permitted and allowed this in his own Common wealth , that was to he the example and patern of all others , that should ensue : no doubt but that he approveth also the same in other Realms when just occasions are offered , either for his service , the good of the people and Realm , or else for punishment of the sinnes and wickednesse of some Princes , that the ordinary line of succession be altered . Now then to passe on further , and to begin with the Kingdoms of Spayne , supposing ever this ground of Gods Ordinance , first I say , that Spayne hath had 3. or 4. races or discents of Kings , as France also and England have had , and the first race was from the Gothe● , which began their raigne in Spayne after the expulsion of the Romans , about the year of Christ 416. Ambros . Moral . lib. 11. c. 12 to whom the Spaniard referreth all his old Nobility as the Frenchman doth to the German Franckes , and the English to the Saxons , which entred France and England in the very same age , that the other did Spayne , and the race of Gothish Kings indured by the space of 300. yeares , untill Spayne was lost unto the Moores . The second race is from Don Pelayo that was chosen first King of Asturias , and of the Mountain Countrey of Spayne , after the distruction thereof by the Moores , about the year of Christ 717. Ambros . Moral . lib. 13. c. 2. which race continued and increased , and added ●●●gdom unto Kingdom for the space of other 300 years , until the year of Christ 1034. Moral . lib. 13 c. 42 , 43 , 44. when Don Sancho Mayor , King of Navarra got unto his power , the Earldom also of Aragon and Castiliae , and made them Kingdoms , and divided them among his Children , and to his second sonne , named Don Fernando , surnamed afterward the great , he gave not only the said Earldom of Castilia with title of Kingdom , but by marriage also of the sister of Don Dermudo King of Leon , and Aust●rias , he joyned all those Kingdoms together , that day forward the 3 race of the Kings of Navair to reign in Castel and so indured for 500 years , until the year of Christ 1540. when the house of Austira entred to reign there , by mariage of the daughter & heire Don Ferdinando surnamed the Catholick ; and this was the 4 race of Spanish Kings after the Romans , which endureth until this day . And though in all these foure race● and ●anks of Royall discents , divers examples might be alleadged for manifest proof of my purpose : ye● will not deale with their race , for that it is evident by the Councell of Tolido , ( which were holden in that very time ) that in those daies expresse election , was joyned with succession as by the deposition of K. Suintila , and putting back of all his children : as also by the election and approbation of K. Sifinando that was further of by succession , hath been insinuated before , and in the 5 Councell of that age of Toledo , it is decreed expresly in these words , Si quis talia meditatus fuorit ( talking of pretending to be King , quem nec electio omnium perficet , nec Gothicae gentis nobilitas ad hunc honoris apicom trahit , si consortio Catholicorum privatus , & divino anathemat condemuatus . Concil . Tol. 5. c. 3. If any man shall imagine ( said these Fathers ( or go about to aspire to the Kingdom , whom the election and choice of all the Realm , doth not make perfect , nor the Nobility of the Gotish Nation , doth draw to the height of this dignity : let him be deprived of all Catholique society , and damned by the c●rse of Almighty God , by which words is insinuated , that not only the Nobility , but of Gotish bloud , or nearnes by succession was required for the making of their King , but much more the choice or admission of all the Realm , wherein thi● Councell putteth the perfection of his title . Don Pelayo died in the year of our Lord 737. and left a Son named Don Fauila , who was King after his Father , and reigned 2. yeares only . After whose death , none of his Children were admitted for King , though he left divers , as all writers do testifie . But as Don Lucas the Bishop of Tuy a very ancient Authour writeth , Aldefonsus Catholicus ab universo populo Gothorum eligitur , that is ( as the Chronicler Moralis doth translate in Spanish ) Don Alonso surnamed the Catholick , was chosen to be King by all voyces of the Gotish Nation . This Don Alonso was Son in law to the former K. Fauila , as Morales saith , for that he had his Daughter Erm●nesenda in Marriage , and he was preferred before the Kings own sonnes , only for that they were young and unable to govern , as the said Historiographer testifieth . And how well this fell out for the Common-Welth , and how excellent a King this Don Alonso proved , Morales sheweth at large , from the 10. Chapter of his 13. Booke untill the 17. and Sesastianus Bishop of Salamanca , that lived in the same time , writeth of his valiant acts he was surnamed the great ▪ S●●ast . Episc . Saelam in hist . Hisp . To this famous Don Alonso , succeded his son Don Frucla the first of that name , vvho vvas noble King for 10 years space , and had divers excellent victories against the Moores ; but aftervvard declining to tiranny : he became hatefull to the subjects , and for that he put to death vvrongfully his ovvn brother Don Vimerano Prince of excellent parts and rarely beloved of the Spaniards , he vvas himselfe put dovvn , and put to death by them in the year of Christ 768. And albeit this King left 2. godly Children behind him , vvhich vvere lavvfully begotten upon his Queen Dona Munia , the one of them a son called Don Alonso , and the other a daughter called Dona Ximea : yet for the hatred conceived against their Father , neither of them vvas admitted by the Realm to succeed him ; but rather his ch●sen german , named Don Aurelio brothers son to Don Alonso the Catholique , vvas preferred and reigned peacably 6 years , and then dying vvithout issue ; for this the hatred ●f the Spaniards vva● not yet ended against the memory of K. Eruela : they vvould not yet admit any of his Generation ; but ra●her excluded th●m again the 2 time , and admitted a brother in lavv of his , named Don Silo that vvas married to her sister Dona Adosinda daughter to the foresaid noble K. Catholique Alonso . So that here vve seervvice the right heyres of K. Don Fruela for his evil government vvere put back But Don Silo being dead vvithout issue , as also Don Aurelio vvas before him , and the Spaniards anger against K. ●ruca being novv vvel aslvvaged ; they admitted to the Kingdom his foresaid son Don Alonso the yonger surnam●d aftervvard the chast , vvhom novv tvvice before put back as you have seen ; but novv they admitted him , though his reign at the first endured very little ; for that a bastard uncle of his , named Don Mauregate by help of the Moores put him out , & reigned by force 6. years , & in the ending vvithout issue , the matter came in deliberation again , vvhether the K. Don Alonso the chast that yet lived , & had been hidden in monastary of Galitia , during the time of he : yrant should returne again to govern , or rather that his cose●n German Don vermudo , son to his uncle the Prince , should be elected in his place . And the Realm of Spay●ed etermined the 2. that Don Vermulo though he vvere much further of . by propinquity of blood , & vvithin 〈…〉 also should be admitted . True it is , that after three yeare● reign , this 〈…〉 King V●rmudo being weary of kingly life , & feeling some scruple of conscience , that being Deacon , he had forsaken the life Ecclesiasticall , & maryed ( though by dispensation of the Pope , as Morales saith ) & entangled himself with the affairs of a kingdom Moric . 28 & 29. an . 791. he resigned willingly the gouernment unto his said cozen Don Alonso the chast , & himself lived after a privat life for divers yeers ; but this Don Alonso who now the 4. time had been deprived of his succession , as you have seen , deceived the expectation of the Spaniards that accounted him a Monk , for he proved the most valiant & excellent King that ever that Nation had both for his vertue , valour , victories against the Moors , building of Towns castles , churches Monasteries , & other such works of christianity , as Morales recounteth & he reigned after this his last admission 51 yeers , & had great friendship with K. Charles the great of France , who lived in the same time with him . And this man among other most noble exploits so tamed the Moores of his country , as during his days he never paid that cruel● & horrible tribute , which before and after was paid by the christians to the Moors . Mor. l. 13 c. 45. an . 842. which was 100 young Maidens , & 50 Sons of Gentlem●n every yeer to be brought up in the Religion of Mahomet , among those infidell tyrants . And finally , this man after so much affliction came to be one of the most renowned Princes of the World. After this Don Alonso who left no children , for that he would never marry , who lived all his life in chastity there succeeded to him by election his nephew named Don ●anurs , son to the former said K. Don Vermudo the Deacon , that gave this man the crown , of whose election Morales writeth these words . Muerto el Rey Don Alonso el casto fue eligido por los perlados grandes del reyno , l Rey Don Ramiro primero deste nombre , hyo del Rey Don vermudo el diacono , Mor. c. 11. That is the K. Don Alonso the chaste being dead , there was chosen K. by the Prelats & Nobility of the Realm Don Ramiro the first of this name , Son of K Vermudo the Deacon who resigned his crown to Don Alonso and it is to be noted , th●t albeit this Don Ram●ro was next in bloud to the succession , after the death of his uncle Don Alonso without children , yet was hee chosen by the States as here it is said in expresse words . Moreover it is to be noted ▪ that albeit this Author Ambrosio Morales & other Spanish Writers do say , that in the time of this K Ramiro , the law of succession by propinquity in blond was so revived , & strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it , which is , an inheritance so intailed and tyed only to the next bloud as there is no possibility ●o alter the same , and that from this time forward the King always caused his eldest Son to be named King or Prince & so ever to be sworn by the Realm and Nobility , yet shall we find this Ordinance and succession oftentimes to have been broken upon severall considerations , as this Author himself in that very chapter confesseth . As for example , after four discents from this man , which were Don Ordonio the 1. this mans Son , and Don Alonso the 3. Don Garzia and Don Ordonio the second , all four Kings by orderly succession , it hapned that in the yeer of Christ 924. Don Ordonio the second dying , left four Sons and one daughter lawfully begotten , and yet the State of Spain displaced them all , and gave the kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio , and Morales saith , Mor. l. 16. cap. 1. an . 924. ●hat there appeareth no other reason hereof , but only for that these Sons of the King deceased were young , and not so apt to govern well the Realm as their uncle was . But after a yeers Reign ▪ this King Fruela dyed also , & left divers children at mans estate , & then did the Spaniards as much against them , as they had done for him before , against the children of his elder brother . For they put them all by the crown , and chose for their King Don Alonso the 4 ▪ which was eldest Son to Don Ordonio the 2. be●ore named , that had been last King saving one , and this man also ( I mean Don Alonso the 4 , ) leaving afterward his Kingdom , & betaking himself to a religious habit offered to the Common●welth of Spain his eldest Son lawfully begotten , named Don Ordonio , to be their King , but they refused him , and tooke his Brother ( I meane this Kings Brother ) & Uncle to the young Prince , named Don Ramiro , Moral . lib. 19. cap. 20. An. 930. who reigned 19 yeers , & was a most excellent King & gained Madrid from the Moors , though noted of cruelty for imprisoning and pulling out the eyes afterward of this King Don Alonso the 4. and all his children & nephewes , for that hee would have left his habit , & returned to be King again . But this fact my au●hor Morales excuseth , saying that it was requisit for pcace & safety of the Realm ; so as here you see two manifest alterations of lineal succession together by order of the Common-welth . Furthermore , after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son , Don Ordonio the 3. of his name , in the yeer of our Savior 950. but this succession endured no longer then unto his own death , which was after 7 yeers , for then albeit he left a Son named el enfante Don Vermudo , yet he was not admitted , but rather his brother , Don Sancho the first of his name , surnamed el Gordo , who was Uncle to the young Prince , and the reason of this alteration Morales giveth in these words , el succeder en el regno al hermano , fue por la racon ordinaria de ser el enfante , Don Vermudo nino y no bastante para ●l goviernoy difenca de la terra . Mor. l. 16. c. 29. An. 950. which is the cause , why the Kings brother , & not his Son , succeeded in the Crown , was for the ordinary reason ( so often before alledged ) for that the Infant or young Prince Vermudo was a litle child , & not sufficient for Government and defence of the Country . Truth it is , that after this Don Sancho had reigned , & his son & heir named Don Ramiro the 3. after him , for the space of 30. yeers in all , Mor. l. 17. c. 1 , 2 , 3 , 4. Then was this youth Don Vermudo ( that is now put back ) called by the relm to the succession of the Crown , & made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. & he again his Son Don Vermudo the 3. who marying his sister Dona Sancha that was his heir ) unto Don Fernando , first Earle ▪ & then King of Castile ( who was second Son to Don Sancho Mayor , K ing of Navarras before hath been said ) he j●yned by these means the Kingdoms of Leon & Castile together , which were separate before , & so ended the line of Don Pelayo , first Christ●n King of Spain after the entrance of the Moors , which had endured now 300. yeers & the bloud of Navar entred as you see , & so continued therein untill the entrance of ●●ose of Au●tria as before hath been said , which was almost 500. yeers together . And thus much I thought good to note out of the stories of Spain , for this first discent of the Spanish Kings after the entrance of the Moors ▪ neither mean I to passe much further , both for that it would be over long , as also for that mine Author Morales , who is the most diligent that hath written the Chronicles of that Nation , endeth here his story with King Vermudo the 3. & last of the Gotish bloud . Notwithstanding , if I would go on further , there would not want divers evident examples also to the same purpose , which Stephen Garabay another Chronicler of Spain , doth touch in the continuation of this story , weereof for examples sake only I will name 2 or 3 among the rest . And first about the yeer of Christ 1021. there was a marriage made by K ▪ Iohn of England for Dona Blancha his Neece , that is to say , the daughter of his sister Dame El●nor , & of Don Alonso the 9. of that name , King & Queen of Spain , which Blancha was to marry the Prince of France , named Luis , son & heir to K. Philip ( surnamed Augustus ) which Luis was afterward K. of France by the name of Luis the 8. & was Father to Luis the 9. surnamed the Saint . Car. lib. 11. c. 12. This Lady Blancha was Neece as I have said unto K. Iohn & to K. Richard the ● . of England for that her Mother Lady Elenor was their sister , & daughter to K. Henry the 2. and K. Iohn made this mariage , therby to make peace with the French , & was content to give for her dowry ( for that he could not tell how to recover them again ) all those Townes & Countries which the said K. Phil. had taken upon the English , by this Kings evill Government in Normandy & Gascoyn ; and moreover promise was made , that if P. Henry of Spain ( that was the only brother to the said Lady Blanch ) should dye without issue ( as after he did ) then this Lady should succeed in the Crown of Spain also ; but yet afterward the State of Spain would not perform this , but rather admitted her younger sister Dona Berenguela , maryed to the Prince of Leon , and excluded both Blanch & her son the King S , Luis of France , against the evident right of succession & propinquity of bloud , & the only reason they yeelded hereof , was not to admit strangers to the Crown , as Garabay testifieth . This hapned then , & I do note by the way , that this Dona Berenguela second daughter of Q. Elenor , the English woman was maried ( as hath bin said ) to the Prince of Leon , & had by him Don Fernando the 3. of that name , K of Castilia , surnamed also the Saint , so as the two daughters of an English Queen had two Kings Saints for their Sons at one time , the elder of France , & the yonger of Spain . After this again about 60 yeers the Prince of Spain named Don Alonso , surnamed de la cerda , for that he was borne with a great gristle haire on his breast , called cerda in Spanish , which Don Alonso was Nephew ●o the King Fernando the Saint , & marryed with the daughter of S. Lewis K. of France , named also Blancha as her grand mother was & had by her two sons called Alonso & Hernando de la cerda , as the Prince their Father was named , which Father of theirs dying before the King , the Grand father left them commended to the Realm as lawful heire apparent to the crowne , yet for that a certain Uncle of theirs named Don Sa●cho , younger brother to their father ; which Don Sancho was surnamed afterward el brav● , for his valour , and was a great Warrier , and more like to manage wel the matters of war then they : he was made heir apparent of Spain add hey putb●ck in their Grandfa●hers time , and by his and the Realms consent ( their Father as I have said being dead ) and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 & the two Princes put into prison ; but afterward at the suit of their Uncle King Philip the 3 of France , they were let out again , & endued with certain lands , & so they remain unto this day ; and of these do come the Dukes of Medina Celi , & all the rest of the hou●e of Cerda , which are of much Nobility in Spain at this time , & K. Philip that reigneth cometh of Don Sancho the yonger Brother . Not long after this again when Don Pedro surnamed the cruel King of Castile , was driven cut , & his bastard brother H ▪ 2. set up in his place , the Duke of Lancaster John of Gant , Gar. l. 15. c. 1. an . 1363. having maried Dona Constantia , the said King Padroes daughter and heir , pretended by succession the said● Crowne of Castile , as indeed it appert●ined unto him ; but yet the State of Spain denyed it flatly , and defended it by arms , & they prevailed against John of Gant , as did also the race of H ▪ the B●stard against his lawfull brother , & the race of Don Sancho the uncle against his lawfull nephews , & that of Dona Berenguela against her elder sister , all which races do reign unto this day , & these three changes of the true line , hapned within two ages , and in the third and principall discent of the Spanish Kings , when this matter of suceession was most assuredly & perfectly established , & yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true & lawfull Kings . Well , one example will I give you more out of the kingdom of Portugal , & so will I make an end with there countries . This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain , named Iohn the 1 ▪ who marryed the daughter & he●r named Dona Beatrix , of k Fernando the 1. of Portugal , but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians & for that cause they rather took for their king a bastard brother of the said late k. Don Fernando , whose name was Dondulan a youth of 20 yeers old , who had bin Master of a military order in Portugal named de Avis , & so they excluded Dona Be●tr●x Q. of Cast l. that was their lawfull heire & chose this young man , & marryed him afterwards to the Lady Philip da●ghter of Iohn of Gaunt D. of Lancaster , by h●s first wife Blanch , Duches & heir of Lancaster , in whose right the kings of Portugall & their discendents do pretend unto this day a certain interest to the house of Lancaster . Hereby we see what an ordinary matter in hath been in Spain & Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike , and the like we shall find in France and England . The eighth Speech . AS concerning the state of France , although since the entrance of their first king Pharaniond with his Franks out of Germany , which was about ●he yeere of Christ 419. they have never had any stranger come to wear their crown , which they attribute to their law Salike , that forbiddeth women to reign ; ye among themselves have they changed twise their whole race & linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. & again in the promotion of k. Hugo Capetus that put out the line of Pepin , in the yeer 983. so as they have had 3 discents & races of Kings as well as the Spaniards ; the first of Pharamond , the 2. of Pepin and the 3. of Capetus , which endureth to this present , if it be not altered now by the exclusion that divers pretend to make of the King of Navar , and other Princes of the bloud Royall of the house of Burbon . I will here set p●sse the first rank of all , of the French Kings , for that some men say perhaps , that the common wealth and law of succession , was not so well setled in those days as it hath been afterward in time of k. Pepin , Charles the great , and their discendanta● as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France , as you will say when you shall see what store I have to alledge out of the 2. rank only , which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin , then surnamed le brefe , or the little , for his small stature ( though he were a Gyant in deeds ) being made king of France , by meer election , in the yeer of Christ , 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers , & being so famous & worthy a King as all the world knoweth reigned 18 yeers , and then left his States & Kingdoms by succession unto his eldest Son Charles , surnamed afterward the Great , for his famous & heroicall acts . And albeit the whole kingdom of France appertained unto him alone by the law of succession , his Father being King , and hee his eldest Son ; yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pep●n decede , les Francois esleurent , Rois , Charls & Carlomon ses fils , ala charge , quils partageroient entre eux , egalement , le royaume , Gir. du Haillan , l. 3. an . 768. which is king Pepin being dead , the brench-men chose for their kings his two Sons , Charles & Carlomon , with condition , that they should part equally between them the Realm . Wherein is to be noted , not only the elect ▪ on of the Common wealth , besi●es succession but also the heavy condition laid upon the heyre to part half of his kingdom with his younger brother , and the very same words hath Eginard an ancient French Writer , in the life of this Charles the Great , to wit , That the French State in a publike Assembly , did chuse two Princes to be their Kings , with expresse condition to divide the Realm equally , as Francis Belforest citeth his words , Eginard Belfor . l , 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons , the elder whereof was named Adalgise . but Belforest saith , That the Lords Ecclesiasticall & Temporall of France swore fidelity and obedience to Charles , without any respect or regard at all of the child●en of Carlomon , who yet by right of succession should have been preferred and Paulus Emilius a Latine Writer saith , proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt , Pa●l . Mil. hist . Fr●nc . that is , The Nobility of the Realme coming of their own accord un●o Charles , saluted him k. of all France whereby is shewed , that this exclusion of the children of Carlomon was not by force or tyranny , but by free delibera●ion of the Realm . After Charles the great reigned by succession his only Son Lewis the first , surnamed de●onnaire of h●s courtesie , who entring to reig● in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father , was yet afterward at the pur●uit principally of his own three sonnes , by his first wise ( which were Lothair Pepin , and Lups ) deposed Girard l. 1 An. 834. first in a chancell at Lions , and then again at Compeigne , and put into a monastery though afterward he came to reigne againe , An 840. and his fourth sonne by h●s second wife ( which sonne was named Charles le ch●une , for that he was bald ) ●ucceeded him in the states of France , though after many battells against his brother Lothair , to whom by succession the same apperteyned . After Charles the bald ; succeeded Lewis the second , surnamed le begue , for his stuttering , who was not eldest , but third Son unto his Father , an 878. for the second dyed before his Father , & the eldest was put by his succes●ion for his cruell demeanure , this Lewis also was like to have bin deprived by the States at his first entrance , for the hatred conceived against h●s Father Charles the ba●d , but that he calling a solemn P●rl . at Compeigne as Girard saith , Gie l. 1. an . 879 he made the People , Clergy , & Nobility many fair promises to have their good wils . This Lewis the stuttering left two bastard sons by a Concubine , who were called Lewis & Carlomon , as also he left a litle Infant newly born of his lawfull , fe , Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward , by name of Charles the simple , albeit not immediatly after the death of his Father , for that the Nobles of France said , that they that they had need of a man to be King , & not a child , as Girard reporteth & therefore the whole State of France , chose for their Kings the two foresaid bastards , Lewis the 3. & Carlomon the first of that name , joyntly , & they were crowned most solemnly & divided the whole Relm between them , in the yeer of Christ 881. & Q. Adeltruds with her child true heir of France fled into England to her Father , & there brought him up for d●vers yeers , in which time she saw 4 or 5 Kings Reigne in his place in France one after the other , for briefly thus it passed . Of these two bastard Kings , the elder named Lewis reigned but 4 yeers , and dyed without issue ; the 2d . that is Carlomon lived but one yeer after him , & left a Son called also Lewis the 5. & surnamed Faineant , for his idle & slothfull life an , 886. For which as also for his vicious behaviour , & in perticular for taking out & marying a Nun of the Abby of Baudour at Chels by Paris , he was deprived & made a Monk in the Abbey of S. Denis where he dyed , & in his place was chosen K. of France , and crowned with great solemnity Charles the 4. Emperour of Rome , srrnamed le gios , for that he was fat & corp●lent , he was Nephew to Charles the bald , before mentioned , & therfore the French stories say , that he came to the Crown of France partly by succession & partly by election , Girard l. 5. an 888. but for succession , we see that it was nothing worth , for so much as Charles the simple the right heire was alive in England , whom it seemeth that the French men had quite forgotten , seeing that now they had not only excluded him three times already , but afterwards also againe when this grosse Charls was for his cruel government by them deposed & deprived , not onely of the kingdom of France but also of his Empire , which he had before he was King & was brought into such miserable penury , as divers write , that he perished or want ; & this time I say the States of France would not yet admit Charles the simple ( though hitherto his simplicity did not appear , but he seemed a goodly Prince ) but rather they chose for King one Odo Earl of Paris & Duke of Angiers , & caused him to be crowned But yet after a few yeers , being weary of this mans government , and moved also somewhat with compassion towards the youth that was in England , they resolved to depose Odo , and so they did while he was absent in Gascony , and called Charls the simple out of England to Paris , and restored him to the kingdom of France , leaving only to Odo for recompence the state of Aquitain , with Title of a Duke : wherwith in fine , he contented himself , seeing that he could get no more , But yet his Posterity by vertue of this election , pretended ever after a Title to the Crown of France and never left it of untill at length by Hugo Capetus they got it , for Hugh descended of this King and Duke Odo . This K. Charls , then surnamed the simple , and English womans Son , being thus admitted to the crown of France , he took to wife an English woman named Elgina or Ogin , daughter of K. Edward the elder , by whom he had a Son named Lewis , and himself being a simple man , was allured to go to the castle of ? eron in Picardy , where he was made prisoner , and forced to resign his kingdom unto Ralph K. of Burg●ndy , an . 927. and soon after he dyed through misery in the same castle , & his Q. Ogin fled in●o England , where with her litl● son Lewis unto her uncle K. Adelstan , as Q. Adeltrude had done before with her son unto K. Al●red , and one of the chief in this action for putting downe of the simple was Count Hugh surnamed the Great , E. of Paris , Father unto Hugo Capetus , which after was King. But this new K ▪ Ralph lived but 3 yeers after , and then the States of France considering the right title of Lewis the lawfull child of K. Charles the simple , which Lewis was commonly called now in France by the name of d'Outremer , that is beyond the Sea , for that he had been brought up in England , the said States being also greatly and continually sollicited hereunto by the Ambassadors of K. Ad●lston of England , and by Wil. D●ke of Normandy , surnamed long Speer , great Grandfather to Wil. the Conquerour , who by the K. of England was gained also to be of the young Princes part : for these considerations ( I say ) they resolved to call him inte France out of England , as his Father had bin before him , and to admit & crown him King , and so they did , and he reigned 27 yeers , and was a good Prince , and dyed peaceably in his bed the yeer of Christ , 945. This K. Lewis of d'Outremer left two sons behind him , the eldest was called Lothair the 1. who succeeded him in the crown of France , and the 2. was named Charles whom he made Duke of Lorrain . Luthaire dying left one onely son named Lewis , as his Grandfathee was , who was named K of France , by the name of Lewis the 7. and dying without issue after two yeers that he had reigned , the crown was to haye gone by lineall succession unto his Uncle Charles Duke of Lorrain , second Son to Lewis d'O●tremer as is evident , but the States of France did put him by it for mislike they had of his person , and did chuse Hugo Capetus Earl of Paris , and so ended the second line of Pepin and of Charles the Great , and entree the race of Hugo Capetus , which endureth untill this day , and the French stories do say that this surname Capet was given to him when he was a boy , for that he was wont to snatch away his Fellowes caps from their heads , whereof he was termed sna●ch●cap , which some do interpret to be an abodement that he should snatch also a crown from the true owners head in time as afteward we see it fell out , though yet he had it by election and approbation of the Common wealth . And in this respect all the French Chroniclers who otherwise are most earnest defenders of their law of suceession , do justifie this title of Hugo Capetus against Charls , for which cause Frances Belforest doth alleadge the saying of W. Naugus , an ancient & diligent chronicler of the Abby of S. Denis in France , who defendeth K. Capetus in thes● words . We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France , se 〈◊〉 the Lords , Prelats , Princes , & Governours of the Realm did cail him to this dignity , and chose him for their King and Soveraigne Lord : upon which words Belforest saith as followeth , I have laid before oon the words and censure of this good religious man , for that they seem to me to touch the quick ; For in very truth we cannot by any other meanes defend the Title of Hugh Capet from usurpation and fellony then to justifie his coming to the crown by the cosent & will of the Common wealth ; and in this I may well excuse me from inconstancy and contradiction to my self , that have so earnestly defended succession before ; for he that will consider how add what conditions I defended that , shall easily see also that I am not here contrary to the same . I think it not amisse also to put down here some part of the oration or speech which the Ambassador that was sent at that time from the State of France unto Charles of Lorrain after their election of Hugh Capet , & Charls exclusion , did use unto him in their names , which Speech Girard doth reconnt in these words , Gir. l. 6. an . 988. Every man knoweth ( Lord Charles ) that the sucaession ●o the crown and realme of France according to the ordinary Lawes and rights of the same , belongeth unto you and not unto Hugh Capet now our King , but yet the very same laws which do give unto you this right of succession , do judg you also unworthy of the same , for that you have not endevored hitherto to frame your life and m●●ers according to the prescript of those laws , nor according to your use & custom of your country of France , but rather have allied your self with the German Nation , ●ur old enemies and have acquainted your self with their vile & base manners , wher●ore seeing you have forsaken & abandoned the ancient vertue sweetnes & amity of the French , we have also abandoned & left you , & have chosen Hngh Capet for our King & have put you back , and this without any scruple or prejudice of our consciences at all , esteeming it far better & more just to live under Hugh Capet the present Possessour of the crown , with enjoying the ancient use of our laws , customs , priviledges & liberties , then under you the inheritour by neernesse of bloud , in oppressing strange customs & cruelty . For even as those which are to make a voyage in a ship upon a dangerous Sea , do not so much respect whether the Pylot which is to guide the stern be owner of the ship or no , but rather whether he be skilfull , valiant , & like to bring them in safety to their ways end , or to drown them among the waves : even so our principall care is , that we have a good Prince to lead and guide us happily in this way of civill & politike life , which is the end why Princes were appointed , for that this man is fitter to be our King. This message did the States of France send to Charles of Lorrain in defence of their doings , & with this he lost his succession for ever , & afterwards his life also in prison & the Frenchmen thought themselves secure in conscience , as you see , for doing the same , which God hath also since seemed to confirm with the succession & happy successe of so many noble and most Christian Kings as have issued out of this line of Hugo Capet us unto this day . And this spoken now of the second line of France , I take to be sufficient for proof of our purpose , without going any further , for that if we do but number these Kings already named , that have reigned in this second race , from K. Pepin downwards unto Hugh Capet ( which are about 17 or 18 Kings in 238 yeeres ) we shall find that not some few , but the most part of them did both enter and enjoy their crowns and dignities contrary to the law of lineall discent , and of next succession by bloud . Whereof also there would not want divers examples in the third and last discent , since Hugo Capitus his time , if we would passe further to examine the stories thereof . For not to go further down then to the very next discent after Hugh , which was K. Robert his Son , Girard affirmeth in his story , Gir. l. 6 an 1232. that of his two Sons which he had named Robert & Henry , Robert the elder was put back , & his younger brother Henry made K. of France , & reigned many yeers by the name of H. the 1. and this he saith hapned partly for that Robert was but a simple man in respect of Henry , and partly also for that H. was greatly favoured and assisted in this pretence by Duke Robert of Normandy , Father to our William the conqueror , and in recompence hereof this King Henry afterward assisted the said William bastard Son to Robert , for the attaining of the Dukedom of Normandy , after the death of the said Duke Robert his Father , notwithstanding that Duke Robert had two lawfull brothers alive at that time , whose names were Manger Archbishop of Rone and William Earl of Argues in Normandy , who pretended by success●ion to be preferred , Gir. l. 6. an . 1032. and 1037. But the States of Normandy at the request of Duke Robert when he went to the Holy land ( in which journey he dyed ) as also for avoid●ng dissention & wars that otherwise might ensue , were content to exclude the uncles , and admit the bastard son , who was also assisted by the Forces of the King of France , so as no scruple it seemed there was it those days , either to prefer K. Hen. to the crown of France before his elder brother or D. William the bastard son to the Duchy of Normandy before his lawfull uncles upon such considerations , as those States may be presumed to have had for their doings . I read also that some yeers after , to wit , in the ye●r 1●10 when Philip the 1. of France son and heyr to this K. Henry was deceased , the people of France were so offended with his evill life and government , as divers were of opinion to dis-inherit his Son Lewis the 6. surnamed le Gros , for his sake , and so was he like to have been indeed , as may appear by the chronicle of France , if some of his party had not caused him to be crowned in hast , and out of order in Orleans for prevnting the matter . The like doth Philip Cominaeus in his story of K. Lewis the 11d● clare , how that the State of France had once determined to have dis-inherited his Son Charles , named after the 8 & to pu● him back from his succession for their hatred to his Father , if the said Father had not dred while the other was very young a●● noted before also , that it hapned in K. Hen. the 3 of England , w●o was once condemned by the Barons to be dis-inherited for the fault of K Iohn his Father , & Lewis the Prof France chosen in his place but that the death of K. Iohn did alter that course intended by the English Nobi●ity , so as this mat●er is neither n●w nor unaccustomed in all sorraign Countries , and now will I passe also a little to our English stories , to see whether the like may be found in them or no. And first of all , that the Realm of England hath had as great variety , changes , & diversity in the races of their Kings , as any one Realm in the world it seemeth evident : for that first of all after the Britains , it had Romans for their Governours for many yeer , & then of them , & their Roman bloud , they had Kings againe of their own , as appeareth by that valiant King Aurelius Ambrosius , who resisted so manfully & prudently the Saxons for a time , after this they had Kings of the Saxon & English bloud & after them of the Da●es , & ●hen of ●he Normans and after them again of the French ; & last of all , it seemeth to have returned to the Britains again , in K. H. 7. for that his Father came of that race , and now you know there bee pretenders of divers Nations , I mean both of Scottish , Spanish , and I alian bloud , so that England is li●e to perticipate with all their neighbors round about them & I for my part do feel my self much of the French opinion before alleadged , that so the ship be well and happily guided , I esteeme it not much important of what race or Nation the Pylot be but now to our purpose . I mean to passe over the first and ancient ranks of Kings , as well of the Brittish and Roman , as also of the Saxon races , un●ill K. Egbert me 1 of this name , King of the West Saxons , & almost of all the rest of England besides who therefore is said to be ●roperly the first Monarch of the Saxon bloud , and he that first of all commanded that Realm to be called England , which ever since hath been observed . This man Egbert being a young Gentleman of a noble house in the West parts of England , was bad in jelousie by his K. Britricus , who was the 16. K. from Cordicius , first K. of the West Saxons , as he was also the last of his bloud . And for that he suspected that this Egbert for his great prowess might come in time to be chosen King , he banished him into France , where he lived divers yeers , & was a captain under the famous K. Pepin , that was Father to Charl●s the great , & hearing afterwards that K. Britricus was dead , he returned in●o England where Polid●o saith , omnium confensu rex creatur , Pol. hist. aug . l. 4. in sine , That he was created or chosen King by consent & voyce of all men , though yet he were not next propinquity of bloud royall , as is most evident , and yet he proved the most excellent King that ever the Saxons had before , or perhaps after , & his election hapned in the yeer of Christ 802. when K. Pepin the first of that race reigned in France , so as this Monarchy of Egbert , and that of Pepin began as it were together , and both of them came to their crowns by election of the people , as here you see . This King Egbert or Egbrich as others do write him , left a lawfull Son behind him named Ethelw●lfe , or Ad●●ulte , or Edolph , an . 829. ( for all is one ) who succeeded him in the kingdom , and was as worthy a man as his Father , and this Adeluulfe again had four lawfull Sons , who all in their turns succeeded by just and lawfull order in the crown , to wit , Ethelbald , Ethelbert , Ethelred , and Alfred , for that none of the former three had any children and all the latter three were most excellent Princes , especially Alfred or Alured , the last of all four , whose acts are wonderfull , an . 8●2 . and who among other his renowned Guests , drove Rollo that famous Captain of the Danes from the Bo●ders of England , with all his company into France where he got the country or Province named then Neustria , and now Normandy , and was the first Duke of that Province and Nation , and from whom our William Conquerour came afterwards in the 6. discent . This man also erected the University of Oxford , being very learned himselfe , builded divers good Monasteries and Churches & dying left as famous a Son behind himself , which was Edward the first surnamed the senior or elder , Anno 900. This King Edward dying left two Sons lawfully begotten of his wife Edgina , the one named Prince Edmund , & the other E●●●ed , and a third illegitimate whose name was Adelstan , whom he had by a Concubine . But yet for that this man was esteemed to be of more valour then the other , he was preferred to the crown before the other two Princes legitimate , an . 924 for so testifieth Po●dor in these words , Ad●●anus ex concubina Edwardi filius rax a populo consalutatur atque ad Kingstonum opidum more majorum ab Ath●●lmo cautuariensi Arel lepiscopo cor●natur . Pol. l. 5. hist . ang . which is Adelstan the Son of K. Edward by a Concubine was made King by the People , and was crowned according to the old custome , by Athelme Archbishop of Canterbury at the town of Kingston . Thus far Polidor and Stow addeth further these words . His coronation was celebrated in the Market place upon a stage erected on high , that the King might better be seen of the multitude , he was a Prince of worthy memory , valiant and wise in all his acts , and brought this land into one perfect Monarchy , for the expelled utterly the Danes , and quieted the Welch men ; Stow p. 136. an . 924. Thus much Stow of the snccesse of chusing this King bastard to reign , To whose acts might be added , that he conquered Scotland , and brought Constantine their King to doe him homage , and restored Lewis d'Outremer his sisters Son to the Kingdom of France , an . 940. This man dying without issue , his lawfull brother Edmond put back before , was admitted to the crown who being of excellent expectation dyed after 6 yeers , and left two lawfull sons , but yet for that they were young , they were both put back by the Realm , & their uncle E●dred was preferred before them , an 946. so saith Palidor , Genu●t Edmondus ex Egilda uxore Edvinuus & Edganum , qui cum etate pueri esse●● , post Eldredum deinder regnarunt , Pol l. 6. King Edmond begat of his wife Egilda two Sons named Edwin and Edgar , who for that they were but children in yeers , were put back , and reigned afterward after their uncle Eldred . The like saith Stow , and yeeldeth the same reason in these words . Eldred succeeded Edmond his b●other , for that his Sons Edwin , and Edgar were thought to young , to take so great a charge upon them . This Eldred though he entred as you see against the right of the Nephews , yet saith Polidor and Stow , that he had all mens good will , and was crowned , as his brother had been at Kingston by Odo Archbishop of Canterbury , and reigned 9 yeers with great good will and praise of all men . He dyed at last without issue , aud so his elder Nephew Edwin was admitted to the crown , but yet after 4 yeers he was deposed again for his lewd & vicious life , and his younger brother Edgar admitted in his place , in the yeer of Christ , 959. This King Edgar that entred by deposition of his brother , was one of the rarest Princes that the world had in his time , both for peace and war , justice , piety , and valour . Stow saith he kept a Navy of 3000. and 600 ships distributed in divers parts for defence of the Realm . Also that he built and restored 47 Monasteries at his own charges , and did other many such acts . He was Father to King Edward the Martyr , and Grandfather to K. Edward the confessor , though by two different wives , for by his first wife named Egilfred , ●hee had Edward after martyrized , and by his second wife Alfred , he had Etheldred Father to Edw. the confessour , and to the end that Etholdred might reign , his mother Alfred caused K. Ed. the son of Egilfred to be slain after King Edgar her husband was dead . After this so shamefull murther of K. Edw many good men of the Realm were of opinion , not to admit the succession of Etheldred his half brother , both in respect of the murther of K. Ed. his elder brother committed for his sake ; as also for that he seemed a man not fit to govern , and of his opinion among others , was the holy man Dunston Archbishop of Canterbury , as Polidor saith , Pol. l. 7. hist . Ang. who at length in flat words denyed to consecrate him , but seeing the most part of the Realm bent on Etheldreds side , he foretold them that it would repent them after and that in this mans life the Realm should be destroyed , as indeed it was and he ran away to Normondy , and left Sweno and his Danes in possession of the Realm , though afterward being dead , hee returned againe , and dyed in London . This Etheldred had two wives , the first Ethelgina an English woman , by whom he had Prince Edward surnamed Iron-side for his great strength and valour , who succeeded his Father in the Crown of England for a yeer , and at his death left two Sons , which after shall be named . And besides this , Etheldred had by his first wife other two Sons , Edwin and Adelston , and one Daughter named Edgina , all which were either slain by the Danes , or dyed without issue . The second Wife of Etheldred was called Emma , sister to Richard Duke of No●mondy , who was Grandfather to William the Conquerour , to wit Father to Duke Robert , that was Father to William , So as Emma was great Aunt to this William , and shee bare unto King Atheldred two Sons , the first Edward , who was afterward named King Edward the Confessor , and Alerud who was slain trayterously by the Earl of Kent . After the death also of King Etheldred , Queen Emma was marryed to the Dane King Canutus the first of that name , surnamed the Great , that was King of England after Etheldred , and Edmond Ironside his Son , and to him she bare a Sonne , named Hardicanutus , who reigned also in England before King Edward the Confessour . Now then to come to our purpose , hee that will consider the passing of the Crown of England , from the death of Edmond Iron-side , elder Sonne of King Etheldred , untill the possession thereof gotten by William Duke of Normandy , to wit , for the space of 50 yeers , shall easily see what Authority the Common-wealth hath in such Affaires , to al●er Titles of Snccession , according as publique necessity or utility shall require : for thus briefly the matter passed . King E●●ldred seeing himself to weak for Sweno the King of Danes , that was entred the Land , fled with his wife Emma and her two children , Edward and Alerud unto her brother Duke Richard of Normandy , and there remained untill the death of Sweno . And he being dead Etheldred returned into England , made a certain agreement and division of the Realme , between him and Canutus the Son of Sweno , and so dyed , leaving his eldest sonne Edmond Iron-side to succeed him , who soone after dying also , left the whole Realm to the said Canutus , and that by plain covenant as Canutus pretended , that the longest liver should have all . Whereupon the said Canutus took the two children of King Edmond Iron-side , named Edmond , and Edward , and sent them over into Swethland , which at that time was also subject unto him . And caused them to be brought up honourably , of which , two the elder named Edmond dyed without issue , but Edward was marryed , and had divers children . Eth●ldred and his Son Edmond being dead , Canutus the Dane was admitted for King of England by the whole Parl●ament , and consent of the Realm , anno 1018. and crowned by Alerud Archbishop of Canterbury ▪ as Polidor saith , and he proved an excellent King , and went to Rome , and was allowed by that See also . He did many works of charity , shewed himself a good Christian , and very loving and kind to Englishmen , marryed Queene Emma an English woman , and mother to King Edward the Confessour , and had by her a Son named Hardicanutus , and so dyed , and was much mourned by the English , after he had reigned twenty yeers , though his entrance and title was partly by force , and partly by election , as you have heard . After this Canutus the first ▪ surnamed the Great ( for that he was King joyntly both of England , Norway , and Denmark ) was dead , Polidor saith , that all the States of the Realm met together at Oxford , ●o consult whom they should make King , and at last by the more part of voyces was chose , Harald the first Sonne of Canutus by a Concubine , King Harald the Bastatd . 1038. Polid. l. 8. Hist . Ang. By which election we see injury was done to the line all succession of three parties . First , to the Sons of king Edmond Iron-side that were in Swethland . Then to the Princes Edward and Ajerud , sons to king Etheldred , and brothers to Iron-side that were in Normondy , And thirdly to Hardie mutus , son to Canutus , by his lawfull wife Emma , to whom it was also assured at her marriage ▪ that her issue should succeed if she had any by Canutus . After the death of this Harald who dyed in Oxford where he was elected , within 3 yeers after his election , there came from Denmark Hardicanutus to claim the crown that his Father & Brother had possessed before him , of whose coming Polidor saith , libentissimis animis accipitur communiqve omnium consensu rex dicitur , an . 1041. He was received with great good will of all , and by common content made King , & this was done by the States without any respect had of the succession of those Princes in Normondy & Swethland , who by birth were before him . as hath been shewed , & this is the second breach after lineal , discent after Elthred . But this Hardicanutus being dead also , upon the sudden 〈◊〉 a certaine banket in Lambeth by London without issue , within two yeers after his Coronation , the states of the Relm had de●ermined to chuse Aludred for their king , who was yonger b●other to Edw. & for that cause sent for him out of Normondy , as polid , recounteth , & had made him K. without all doubt ( for that he was esteemed more stirring & valiant then his elder brother Edw. ) had not E. Goodwin of Kent fearing the youngmans stomack raised a strong faction against him , & thereupon also caused him to be tray●eronsly murthered , as he passed through Kent towards London , nor had the State here in any respect to Antiquity of bloud , for that before Alured were both 〈◊〉 own elder brother P. Ed. ( who after him was chosen King , and before them both were Edm ▪ & Edw. the children of their elder brother , Edmond Iron 〈◊〉 and this the third breach of lineall discent . But this notwithstanding , Alerud being slain , P. Edw. was made King , tanta publica lat tia , saith Polidor , vt certatim pro ejus faelici principatu , cuncti vota facerent ; that is , he was made King with such universall joy & contentment of all men , as every man contended who should pray and make most vows to God for his happy reign , and according to this was the successe , for he was a most excellent Prince and almost miraculously he reigned with great peace , & void of all war at home & abroad for the space of almost 20 yeers after so infinit broyls as had beene before him , & ensued after him ; & yet his title by succession cannot be justified , as you see , for that his eldest brothers Son was then alive , to wit , Prince Edw. surnamed the outlaw , who in this Kings reign came into England , & brought his wife , & three lawfull children with him , to wit , Edgar , Margaret , and Christian , but yet was not this good K. Edw. so scrupulous , as to give over his kingdome to any of them , or to doubt of the right of his own title , which he had by election of the Common-wealth against the order of succession . This K. Edward being dead without issue , Polidor saith that the States made a great consultation , whom they should make King , & first of all it seemeth they excluded him that was only next by propinquity in bloud , which was Edgar Aledin , son to the said Prince Edw. the outlaw now departed , and Nephew to K. Edmond I tonside & the reason of this exclusion is alleadged by Pol. l. 8. in these words , is puer id aetatis nondum regno gubernando maturus erat , that is , he bein● a child of so small yeers was not ripe enough to govern the kingdom , and then he saith , that Harald son of Earl Goodwin by a daughter of Canutus the first proclaymed himself King , an . 10●● . & morover he addeth , Nond spt cuit omninoid factum populo , qui plurimum spei in Haraldi virtue habehat , itaque more majorum sacratus est , which is , this fact of Harald displeased not at all the people of England , for that they had great hope in the vertue of this Harald , & so was he annoin●ed & crowned according to the fashion of the ancient Kings of England , by which words we may see that Harald had also the approbation of the Realm to be King , notwithstanding that little Edgar was present , as hath been said ; so as this was the 4. breach of succession at this time . But in the mean space William Duke of Normandy pretended that he was chosen before by● K. Edw. the Confessour , & that the Realm had given their consent thereunto , & that K. E. left the same testified in his last will & testament , an 1066. and albeit none of our English Authors do avow the same cleerly , yet do many other forrain Writers hold it , & it seemeth very probable , that some such thing had past both for that D. William had many in England that did favour his pretence at his entrance ; as also ( as Girard in his French story saith ) that at his first comming to London he punished divers by name , for th●t they had broken their oaths and promises in that behalf , Gir l. 6. ●n . 1065. And moreover it appeareth , that by alledging this title of election , he moved divers Princes abroad to favour him in that action as in a just quarrel , which is not like they would have done . if he had pretended only a conquest , or his title of sanguinity , which could bee of no importance in the world for that effect , seeing it was no other but that his Grandfather and King Edwards mother were brother and sister , which could give him no pretence at all to the succession of the crowne , by blood , and yet we see that divers Princes did assist him , and among others the French chronicles Girard , so often named before writeth Chron. Cassin . l. ● . cap. ●4 . that Alexander the second pope of Rome , whose holinesse was so much esteemed in those daies as one constan●inus After , wrote a booke of his miracles being informed by Duke William of the justnesse of his pretence , did send him his benediction and a pr●cious ring of ●od , with a hollowed banner , by which hee gett the victory , thus writeth Girard in his French Chronicles , and Antonius Archbishop of Florence surnamed Antoninus ●art . 2 Chron. ●it . 16. cap. 5. s . 1. Sainct , writing of this matter in his chronicles speaketh great good of vvilliam conqueror & commendeth his enterprise . But howsoever this was the victory we see he get , and God prospered his pretence , and hath confirmed his of-spring in the Crown of England more then 500 yeares together so as now acc●unting from the death of King Edmond I consider unto this man , we shall find ( as before I have said ) in lesse then 5● yeares , that 5. or 6 Kings were made in Eng●and one after another , by only authority and approbati●n of the ●ommon wealth contrary to the ordinary course of ineall succession by propinquity of blo●d And al this is before the conquest , but it we should passe any further down , we should find more e●amples then before , For first the two sonnes of the Conquerour himselfe , that succeeded after him , to wit William Rufus and Henry the first , were they not both younger brothers to Robert Du●e of Normandie , to wh●m the most part of the realme was inclined ( as Polydor saith ) Polyd. in vita Gul. Conq. to have given the kingdome presently after the Conquerors death , as due to him by succession , notwithstanding that W●illiam for perticular displeasure against his elder sonne and had ordein●d the contrary in his testament . But that Robert being absent in the War of Hierusalem , the holy and learned man Lanfranke as he was accompted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107 , good nature perswaded th●m the contr●ry , who was at that day of high estimation and authority in England and so might indu●e the realme to do what he liked . By like meanes gat Henry his younger brother the same crown afterwards , to wit by fair pr●mises to the peop●e , and by help principally of Henry Newborow ●arle of Warwick , that dealth with the nobility for him , and Maurice Bishop of London with the cleargie for that Ans●lme Arch bishop of Can●erbury was in ba●nishment . Besides this also it did greatly helpe his cause that his elder brother Robert , ( to whom the Crowne by reign appetteined ) was absent again this second time in the vvarre of Ierusalem and so lost thereby his Kingdome as before : Henry having no ther title in the world unto it but by election and admission of the people , which yet he so desended afterwards against his said brother Robert , that came to claim it by the sword , and God did so prosper him the● rein as he took his said elder brother prisoner , and so kept him for many yeares , untill he died in prison most pitifully . But this King Henry dying , left daughter behind him named Mawde or Mathilde , which being married first to the Emperour Henry the fist he dyed wit●out issue , and then was shee married againe the second time to Geffry Pantage●t 〈◊〉 . of Earle of Anjow in France , to whom she bare a sonne named Henry , which this King Henry his grand father , caused to be declared for heire apparent to the Crowne in his daies , bu● yet after his disceasse for that Stephen Earl of Bollogne , born of Adela daughter to William the Conquerour , was thought by the state of England to be more 〈◊〉 to governe and to defend the land ( for that he was at mans age ) then was Prince Henry a child , or Ma●de ●is mother , he was admitted and Henry put backe , and this chiefly at the perswasion of Henry Bish●p of Winche●●er brother to the said Stephen , as also by the sollicitation of the Abbot of Glast●nbury and ●thers , who thought be like they might do the same , with good conscience for the good of the realm though the even● proved not so well . for that it drew all England into factions and divisions , for avoyding and ending whereof , the states ●●me years after , in a Parliament at vval ingford made a agreement that Stephen should be lawfull King during his life only , and that Henry and his of-spring should succeed him , and that prince vvilliam King Stephens sonne should be deprived of his succession to the crowne and made onely Earle of Norfolke , thus did the stat● dispose of the crown at that time which was in the yeare of Christ , 1153. To ●his Henry succeded by order his oldest sonne then living , named Richard , and surnamed Cordelton , for his Valour , but after him againe his succession was broken . For that Iohn King Henries youngest sonne , 〈◊〉 youuger brother to Richard whom his father the King had left so unprovided as in jest he was cal●ed by the French Iean sens terre as if you wou●d say Sir Iohn lacke-land : this man I say , was after the death of his brother admitted and crowned by the states of England , and Arthur Duke of Brittaine , sonne and heir to Geffry that was elder brother to Iohn was against the order of succession excluded . ●nd albeit this Arthur did seeke , to remedy the matter , by warr , yet it seemed that God did more defend this election of the Common wealth , then the right title of Arthur by succession , for that Arthur was over-come , and ta●en by King Iohn though he had the King of Franc● on his side , anb he died pitifully in prison , or rather as most authors do ho●d , he was put to death by King Iohn his uncles own hands in the castle of Roan , thereby to make the titl● of his succession more cleare ▪ which yet could not be , for that as well Stow in his chtonicle , as also Matthew of vvestminster and others before him , do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife , Countesse and he●r of Brit●ain , which by the law of England should have succeeded before Iohn , but of this small accompt seemed to be made at that day . Some yeares after when the Barons and states of England mi●liked utterly the government and proceeding of this King Iohn , they rejected him againe and chose Lewis the Prince of France to be thei● King 3216 and did swear fea●ty to him in London , as before hath bin said and they dep●i●●ed also the young prince Henry his sonne that was at that time , but of 8 years old , but upon the death of his father King Iohn that shorty ●fter insued , they recalled againe that sentence , and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for t●e 53 yeares afterward , the ●ongest reign as I think that any before or after ●im hath had in England . Moreover you ●now from this king Henry the third , d● take th●ir first beginning the two branches at Yorke and L●ncastee wihch after fe●● to fo great contention about the crown : Into which if we would enter , we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of th● com●on-wealth fot that as the people were affected and the greater part prevailed ●o ●ere their titles either a lowed confirmed altered or disanulled by Parliament , & yet may not we well affirm , but that either part when they were in possession and confirmed herein by these Parliaments were lawfu●l kings and that God concurred with them as with true princes for government of the people , for if we should deny this point great incouveniences wou●d o●ow , and we should shake the states of most princes in the world at this day . And to conc●ude as one the one side pro●inquity of b●ood is a great ●reheminence towards the atteining of any Crowne so doth it not ever bind the common wea●th to yeeld there-unto if weightier reasons shauld urge them to the contrary , neither is the Common-wealth bound bound alwayes to shut her eyes , and to admit at ●p-hazard , or of necessity every one that is next by succession of b●oud as some fa●se●y and fondly a●●meth , but rather she is bound to consider well and maturely the person that i● to enter , whether he be ●ike to perform his duty and charge committeed or no , for th●t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him t●gether This is my opinion aud this seemeth to me to be conform , to al reason , aw● religion p●ery , wisdome , & po●●icy and to the use aud customs of all well governed common-wea●thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world , but rather do hold that he ought to enjoy his preheminence , but yet that he 〈◊〉 not pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever . The ninth Speech . ACcording to law , both civill and Canon ( which is great reason ) it is a matter most certaine , that he who is judge and hath to give sentence in the thing it selfe , is also to judge of the cause , for thereof is he called judge , and if he have authority in the one , good reason he should also have power to discerne the other , so as , if we grant according to the forme and proofes , that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne , then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes , and considering further that it is in their owne affaire , and in a matter that hath his whole beginning , continuance and subsistance from them alone , I meane from the Common wealth , for that no man is King or Prince by institution of nature , as before hath been declared , but every King and Kings son , hath his dignity and preheminence above other men , by authority onely of the Common wealth : God doth allow for a just and sufficient cause in this behalfe , the onely will and judgement of the weal publick it selfe , supposing alwayes ( as in reason we may ) that a whole Realme will never agree by orderly way of judgement ( for of this onely I meane and not of any particular faction of private men against the heyre apparent ) to exclude or put back the next heyr in blood and succession without a reasonable cause , in their sight and censurre . And seeing that they only are to be judges of this case , we are to presume that what they determine , is just and lawfull for the time , and if at one time they should determine one thing , and the contrary at another ( as they did often in England during the contention between York and Lancaster and in other like occasions ) what can a private man judge otherwise , but that they had different reasons and motions to leade them at different times , and they being properly lords and owners of the whole busines committed unto them , it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe , and to obey simply without any further inquisition , except he should see that open injustice were done therin , or God manifesty offended , and the Realme indangered . Open injustice I call when not the true Common wealth , but some faction of wicked men should offer to determine this matter , without lawfull authority of the Realme committed to them , and I call manifest offence of God , and danger of the Realme , when such a man is preferred to the Crowne , as is evident that he wil do what lyeth in him to the prejudice of them both , I mean both of Gods glory and the publick wealth : as for example , if a Turk or Moor or some other notorious wicked man , or tyrant should be offered by succession or otherwise to governe among Christians , in which cases every man ( no doubt ) is bound to resist what hee can , for that the very end and intent for which all government was first ordeined , is herein manifestly impugned . From this consideration , of the weal publick , are to be reduced all other considerations of most importance , for discerning a good or evill Prince . For that whosoever is most likely to defend , preserve , and benefit most his Realme and subjects , he is most to be allowed and desired , as most conforme to the end for which government was ordained . And on the contrary side , he that is least like to do this , deserveth least to be preferred , and here doth enter also that consideration , which divers common wealths had in putting back oftentimes children and impotent people ( though otherwise next in blood ) from succession , and preferring more able men though further off by descent , for that they were more like to defend wel their Realme and Subjects then the others were . But to proceed more distinctly and more perspicuously in this matter , I would have you call to minde one point among others , out of Girard the French author , Girard lib. 3. de l' Estat . pag. 242. to wit , that the King of France in his Coronation is new apparalled three times in one day , once as a Priest , and then as a judge , and last as a King armed . Thereby to signifie three things committed to his charge , first Religion , then Justice , then manhood and chivalry , for the defence of the Realme . This division seemeth to me very good and fit , and to comprehend all that a weal-publick hath need of , for her happy state and felicity , both in soule and body , and for her end , both supernaturall and naturall . For by the first which is Religion , her Subjects do attaine unto their end spirituall and supernaturall , which is the salvation of their soules , and by the second and third , which are justice and defence , they enjoy their felicity temporall , which is to live in peace among themselves , and safety from their enemies , for which cause it seemeth that these are the three points which most are to be regarded in every Prince , that commeth to government , and much more in him that is not yet admitted thereunto , but offereth himselfe to the Common wealth for the s●me pu●pose . And for that the latter two of these three points , which are justice and manhood , hath been often had in consideration , in the examples of changes before mentioned , and the first point which is Religion , hath rarely or never at all been talked of , for that in former times the Prince and the people were alwayes of one and the same Religion , and scarce ever any question or doubt fell in that behalfe ( which yet in our dayes is the principall difference and chiefest difficulty of all other ) for these causes ( I say ) shall I accommodate my selfe to the circu●stance of the time , wherein wee live , and to the present case which is in question betwix● us about the succession of England , and leaving aside those other two considerations of justice and chivalry in a King , which are far lesse important then the other ( though yet so highly regarded by ancient Common wealths ) I shall treate principally of Religion , in this place , as of the first and highest , and most necessary point of all other , to bee considered in the admission of any Prince , for the profit of his Subjects : for that without this , he destroyeth all , and with this , albeit he should have defects in the other two points of justice and manhood , yet may it be holpen , or his defect or negligence may be supplyed much by others , as after I shall shew more in particular , but if he want feare of God , or care of Religion , or be perversly perswaded therein , the domage of the weale publique is inestimable . First of all then , for better understanding of this point , we are to suppose , that the first chiefest , and highest end that God and nature appointed to every Common-wealth , was not so much the temporall felicity of the body , as the supernaturall and everlasting of the soule , and this was not only revealed to the Jewes by holy scripture , but also unto the Gentiles and Heathens by the instinct and light of nature it selfe . For by this light of naturall reason , the learned sort of them came to understand the immortallity of the soule , and that her felicity , perfection , and full contentment , which they called her finall end , and summum bonum , could not be in this life , not in any thing created under heaven , but must needs be in the life to come , and that by attaining to enjoy some infinite endlesse and immortall object , which could fully satisfie the appetite of our soule , and this could be no other then God , the maker of all himselfe . And that consequently all other things of this transitory life , and of this humane Common-wealth , subject to mans eyes , are ordained to serve and be subordinate and directed to the other higher end , and that all mans actions in this world , are first of all , and in the highest degree , to be imployed to the recognising , serving , and honoring of this great Lord that governeth the whole , as author and end of all . To this light I say , came the Heathens even by the instinct and direction of nature , whereof ensued that there was never yet Pagan Philosopher that wrot of framing a good common-wealth as Socrates , Plato , Plutarch , Cicero , and others , neither Lawmaker among them that left Ordinances for the same purpose , as Deucalion , Minos , Zaleucus , Licurgus , Solon , Ion , Numa , or the like , which besides the temporall end of directing things well for the body , had not especiall care also of matters appertaining to the minde , to wit , of nourishing , honoring , and rewarding of vertue , and for restraining and punishing of vice , and wickednesse , whereby is evident that their end and butt was to make their Citizens good and vertuous , which was a higher end , then to have a bare consideration of temporall and bodily benefits only , as many great men of our daies ( though Christians in name ) seeme to have , who pretend no higher end in their Government then bodily wealth , and a certaine temporall kind of peace and justice , wh●ch divers beasts also do reach unto , in their congregations and Common-wealths , as is to be seene among Emets , and Bees , Cranes , Lyons , and other such creatures , that by instinct of nature are sociable , and do live in company , and consequently also doe maintaine so much order and policy in their Common-wealth , as is need●ull for their preservation and continuance . But na●ure taught man a far higher and more excellent end in his Common-wealth , which was not only to provide for those bodily benefits that are common also to creatures without reason ; but much more for those of the minde , and above all for the serving of that high and supreme God , that is the beginning and end of all the rest . For whose service also they learned by the same instinct and institution of nature , that the chiefest and supremest honour that could be done unto him in this life by man , was the honour of sacrifice and obla●ions● , which we see was begun and practised even in those fi●st beginnings of the law of nature , before the Leviticall law , and the particular formes of this same law , were prescribed by Moses . For so we reade in Genesis of Noah , Gen. 8. that he made an Altar , and offered sacrifices to God upon the same , of all the beasts and birds that he had in the Arke , odoratusque est Dominus odorem suavitatis , and God received the smell of these sacrifices , as a sweet smell . Which is to say , that God was highly pleased therewith : and the like we reade of Job that was a Gentile , and lived before Moses , Job 1. Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos . He did sanctifie his children , and rising early in the morning did offer for them holocastes or burnt sacrifices every day . This men used in those dayes , and this they were taught by law of nature , I meane both to honour God above all things , and to honour him by this particular way of sacrifices , which is proved also evidently by that which at this day is found and seene in the Indians , where never any notice of Moses law came , and yet no Nation hath ever been found among them , that acknowledgeth not some kinde of God , and offereth not some kinde of sacrifice unto him . And albeit in the particular meanes of honouring this God , as also in distinguishing between false gods , and the true God ; these people of the Indians have fallen into most grosse and infinite errours , as also the Gentiles of Europe , Asia , and Africa did , by the craft and subtlety of the Divell , which abusing their ignorance , did thrust himselfe into the place of God , and derived and drew those sacrifices and supreame honours unto himselfe , which were due to God alone ; yet is it evident heereby ( and this is sufficient for our purpose ) that by God and nature , the highest and chiefest end of every common-wealth , is Cultus Dei , the service of God , and religion , and consequently that the principall care and charge of a Prince , and Magistrate even by nature is selfe , is , to looke thereunto , whereof all antiquity both among Jewes and Gentiles , were wont to have so great regard , as for many yeeres and ages their Kings and chiefe Magistrates were also Priests : Genebrard . l. 1 , Chronol . de 1. aetate Genes . 25. & 29. Deut. 21. 2. Paral. 21. and divers learned men doe hold , that the priviledge and preheminence of primo genitura , or the first borne children , so much esteemed in the law of nature , consisted principally in this , that the eldest sons were Priests , and had the charge and dignity of this greatest action of all other upon earth , which some temporall Magistrates so little regard now . And this respect and reverence towards religion was so greatly planted in the breasts of all Nations by nature her selfe , as Cicero pronounced , this generall sentence in his time . Cicero li. 1. quest . tusc . & de natura deorum lib. 1. Nulla est gens tam fera , nulla tam immanis , cujus mentem non imbuerit deorum colendorum religio . There is no Nation so fierce or barbarous , whose mindes are not indued which some religion of worshipping Gods. And Plutarch writing against a certaine Atheist of his time , saith thus : If you travel far Countreys , you may chance to find some Cities without learning , without Kings , without riches , without money ; but a City without Temples , and without Gods and sacrifices , no man yet hath ever seene . Plutarch adversus Colotem . And finally Aristotle in his politiques having numbred divers things necessary to a Common-wealth , addeth these words . Quintum & primum . Circa rem divinam cultus , quod Sacerdotium sacrificiumque vocant . Aristo . l. 7. politi . c. 8. In the fi●t place ( which indeed ought to be the first of all other ) is necessary to a Common-wealth , the honour and service due unto God , which men commonly doe comprehend by the words of Priest-hood and sacrifice . All this I have alleaged to confute even by the principles of nature herself , the absurd opinions of divers Atheists of our time , that will seeme to be great Politicks , who affirme that Religion ought not to be so greatly respected in a Prince , or by the Parliament , as though it were their chiefest care , or the matter of most importance in his government , which you see how false and impious it is , even among the Gentiles themselves ; but much more among Christians , who have so much the greater obligation to take to heart this matter of Religion , by how much greater light and knowledge they have of God , and therefore wee see that in all the Princes oathes which before you have heard recited to be made and taken by them at their admission and coronation , the first and principall point of all other , is about Religion and maintainance thereof , and according to his oath also of supreame Princes , not only to defend and maintaine Religion by themselves in all their States ; but also their Livetenants and under governours ; wee have in our Civill Law a very solemne forme of an oath which Justinian the Emperour , above a thousand and fifty yeeres agone , was wont to give to all his Governours of Countries , Cities , and other places , before they could be admitted to their charges , and for that it is very effectuall , and that you may see thereby what care there was of this matter at that time ; and what manner of solemne and religious protestations , as also imprecations they did use therein , it shall not be amisse perhaps to repeate the same in his owne words , which are these following , The title in the Civill Law is , juramentum quod Praestatur , iis qui administrationes accipiunt , the oath which is given to them that receive governments , and then the Oath beginneth thus . Collat. 2. Novella constit Justin . 8. tit . 3. Juro per Deum omnipotentem & filium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum sanctum , & per sanctam gloriosam Dei genitricem & semper Virginem Mariam , & per quatuor Evangelia quae in manibus meis teneo , & per sanctos Archangelos Michaelem & Gabrielem , puram conscientiam germanumque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae conjugiejus , occasione traditae mihi ab eorum pietate administrationis . Et quod communicator sum sanctissimae Dei Catholicae & Apostolicae Ecclesiae , & nullo modo vel tempore adversaboret , nec alium quocunque permittam quantum possibilitatem habeam , & si vero non haec omnia servavero , recipiam omnia incommoda hic & in futuro seculo in terribili judicio magni Domini Dei & salvatoris nostri Jesu Christi , & habebo partem cum Juda & cum lepra Giezi , & cum tremore Cain , insuper & paenis quae lege eorum pietatis continentur ero subjectus . Which in English is thus ; I do sweare by Almighty God , and by his holy Son our Lord Jesus Christ , and by the holy Ghost , that I will keepe 〈◊〉 pure conscience , & perform true service unto the sacred persons of our Lords & Princes Justinian and Theodosia his wife , in all occasions of this government , by their benignity committed unto me . Moreover I do sweare that I am communicant and member of the most holy Catholique and Apostolique Church of God , and that I shall never at any time hereafter be contrary to the same , nor suffer any other to be , as much as shall lie in my possibility to let . And if I should breake this oath or not observe any point thereof , I am content to receiue any punishment both in this world , as also in the world to come , in that last and most terrible judgement of our great Lord and Saviour Jesus Christ , and to have my part with Judas , as also with the leprosie of Giezi , and with the feare and trembling of damned Cain ; and besides all this I shall be subject to all punishments that are ordained in the Lawes of their Majesties , concerning this affaire . This oath did all the Governours of Christian Countries take in old time , when Christian Emperors did flourish , and it hath remained for a Law and president ever since to all Posterity . And if we joyne this with the other oathes before set downe in the fifth chapter , which Emperors and Kings did make themselves ( unto their Ecclesiasticall Prelates , at their first admission ) about this point ; we should see nothing was so much respected in admission of a Prince or Governor ( nor ought to be ) a● religion , for that ( as I have said before ) this is the chiefest , greatest and highest end of every Common-wealth , entended both by God and nature , to assist their Subjects to the attaining of their supernaturall end , by honoring and serving God in this life , and by living vertuously , for that otherwise God should draw no other fruit or commodity out of humane Common-wealths , then of an Assembly of brutish creatures , manitained only and governed for to eate , drinke , and live in peace . But the end of man being far higher then this ; it followeth that whatsoever Prince or Mag●strate doth not attend with care to assist and helpe his subjects to this end , omitteth the first and principall part of his charge , and committeth high Treason against his Lord and Master , in whose place he is , and consequently is not fit for that charge and dignity , though he should perform the other two parts never so well of temporall justice and valour in his person , which two other points do appertaine principally to the humane felicity and baser end of mans weale publick , and m●ch ●ore of a Christian . Hereof it insueth also that nothing in the world can so justly exclude an Heire apparent from his succession , is want of Religion , nor any cause whatsoever justifie and cleare the conscience of the Common-wealth , or of particular , men , that in this case should resist his entrance , as if they judge him faulty in this point , which is the head of all the rest , and for which all the rest doe serve . I compare an heyre apparant unto a spouse , betrothed only and not yet marryed , to the Common wealth . Which espous●ll or betrothing , according to all law both divine and humane , may be broken and made voyd much easier and upon far lesser causes then an actuall perfect marrying may , of which our Saviour himselfe said , Matth. 14. Quos Deus conjunxit homo non separat . Mar. 10. whom God hath joyned let no man seperate , and yet S. Paul to the Corinthians determineth plainely , 1. Cor. 7. that if two gentiles marryed together in their gentility ( which none denyeth to be true marriage for so much as concerneth the civill contract ) and afterward the one of them being made a Christian , the other will not live with him or her , or if he do , yet notwithout blaspheming of God and tempting him to sin : in this case ( I say ) the Apostle teacheth , and out of him the Canon law setteth it downe for a decree , Lib. 4. decret . Greg tit . 19. c. 7. That this is sufficient to breake and dissolve utterly this heathen marriage , although consummate between these two parties , and that the Christian may marry againe , and this onely for the want of Religion in the other party , which being so in actuall marriage already made and consummate , how much more may it serve to undoe a bare bethrothing , which is the case of a pretender onely to a Crowne . But you may say perhaps , that St. Paul speaketh of an Infidel or Heathen , that denyeth Christ plainely , and with whom the other party cannot live , without danger of sin and losing his faith , which is not the case of a Christian Prince though he be somewhat different from me in Religion , to which is answered , that supposing there is but one only Religion that can be true among Christians , as both reason and Athanasius his Creed ▪ doth plainely teach us : and moreover seeing , that to me there can be no other faith or Religion availeable for my salvation then only that which I my selfe do beleeve , for that my owne conscience must testifie for me , or against me : Act. 23. 1. Cor. 8. 2. Cor. 5. 1. Pet. 3. certaine it is , that unto me and my conscience he which in any point beleeveth otherwise then I doe , and standeth wilfully in the same , is an Infidell , for that he beleeveth not that which in my faith and conscience , is the onely and sole truth , whereby he must be saved . Mat. 18. And if our Saviour Christ himselfe in his Gospell , doth will certaine men to be held for heathens , not so much for difference in faith and religion , as for lack of humility & obedience to the Church : how much more may I hold him so , that in my opinion is an enemy to the truth , and consequently so long as I have this opinion of him , albeit his Religion were never so true , yet so long ( I say ) as I have this contrary perswasion of him , I shall doe against my conscience and sin damnably in the sight of God , to prefer him to a charge where he may draw many other to his owne error and perdition , wherein I doe perswade my selfe that he remaineth ? This doctrine ( which is common among all Divines Rom. 14 ) is founded upon that discourse of S , Paul to the Romans and Corinthians , 1. Cor. 1. & 10. against such Christians as being invited to the banquets and tables of Gentils and finding meats offered to Idols ( which themselves doe judge to be unlawfull to eate ) did yet eate the same , both to the scandall of other infirme men there present , as also against their owne judgement and conscience , which the Apostle saith , was a damnable sin , and this not for that the thing in it selfe was evill or unlawfull , as he sheweth , but for that they did judge it so , and yet did the contrary , Qui discernit si manducaverit damnatus est , saith the Apostle . He that discerneth or maketh a difference between this meat and others , as judging this to be unlawfull and yet eateth the same , he is damned , that is to say , he sinneth damnably or mortally . Whereof the same Apostle yeeldeth presently his reason , Quia non ex fide , for that he eateth not according to his faith or beleefe , but rather contrary , for that he beleeveth it to be cruell and unlawfull , doth notwithstanding eate the same : and hereupon S. Paul inferreth this universall proposition , Omne autem quod non est ex fide peccatum est , all that is not of faith or according to a mans owne beleefe , is sin to him , for that it is against his owne conscience , judgement and beliefe , beleeving one thing , and doing another , S. Chrysost . hom , 36. in hanc epistolam . Orig. l. 10. Theodor. in hunc locum . And seeing our owne conscience must be our witnes at the last day , to condemne or deliver us , as before I have said , he must needs sin grievously ( or damnably as the Apostle here saith ) who committeth any thing against his owne conscience , though otherwise the thing were not onely indifferent , but very good also in it selfe , for that of the doers part there wanteth no malice or will to sin , seeing he doth that which he apprehendeth to be naught , though in it selfe it be not . And thus much now for matter of conscience : but if wee consider reason of State also , and worldly pollicy , it cannot be but great folly and oversight for a man of what Religion soever he be , to promote to a kingdome in which himselfe must live , one of a contrary Religion to himselfe ; for let the bargains and agreements be what they will , and faire promises and vaine hopes never so great , yet seeing the Prince once made and setled , must needs proceed according to the principles of his owne Religion , it followeth also that he must come quickly to break with the other party , though before he loved him never so well , ( which yet perhaps is very hard if not impossible for two of different religions to love sincerely ) but if it were so , yet so many jealousies , suspitions , accusations , calumniations & other aversions must needs light upon the party that is of different Religion from the State and Prince , under whom he liveth , as not onely he cannot be capable of such preferments , honours , charges , governments , and the like , which men may deserve and desire in their Common wealths , but also he shall bee in continuall danger and subject to a thousand molestations and injuries , which are incident to the condition and state of him , that is not currant with the course of his Prince and Realme in matters of Religion , and so before he beware , he commeth to be accounted an enemy or backward man , which to remedy he must either dissemble deeply , and against his owne conscience make shew to favour and set forward that which in his heart he doth detest ( which is the greatest calamity and misery of all other , though yet many times not sufficient to deliver him from suspicion ) or else to avoid this everlasting perdition , he must breake with all the temporall commodities of this life , and leave the benefits which his Countrey and Realme might yeeld him , and this is the ordinary end of all such men , how soft and sweet soever the beginnings be . 31. Ian. 1647. Imprimatur Gilbert Mabbot . FINIS . Notes, typically marginal, from the original text Notes for div A91487-e7190 Institut . imp . l 2. Tit. 1. 
A17810	----	The historie of the life and reigne of that famous princesse Elizabeth containing a briefe memoriall of the chiefest affaires of state that haue passed in these kingdomes of England, Scotland, France or Ireland since the yeare of the fatall Spanish invasion to that of her sad and ever to be deplored dissolution : wherevnto also is annexed an appendix of animadversions vpon severall passages, corrections of sundry errours, and additions of some remarkable matters of this history never before imprinted. Annales rerum Anglicarum et Hibernicarum regnante Elizabetha. English. 1634 Camden, William, 1551-1623. 1634 Approx. 985 KB of XML-encoded text transcribed from 259 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). 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A17810) Transcribed from: (Early English Books Online ; image set 27506) Images scanned from microfilm: (Early English books, 1475-1640 ; 1849:18) The historie of the life and reigne of that famous princesse Elizabeth containing a briefe memoriall of the chiefest affaires of state that haue passed in these kingdomes of England, Scotland, France or Ireland since the yeare of the fatall Spanish invasion to that of her sad and ever to be deplored dissolution : wherevnto also is annexed an appendix of animadversions vpon severall passages, corrections of sundry errours, and additions of some remarkable matters of this history never before imprinted. Annales rerum Anglicarum et Hibernicarum regnante Elizabetha. English. 1634 Camden, William, 1551-1623. Browne, Thomas, 1604?-1673. [34], 384 [i.e. 376], [103] p. Printed for William Webbe booke-seller in Oxford, London : 1634. Translation of William Camden's "Annales rerum Anglicarum et Hibernicarum"--Cf. STC (2nd ed.) and NUC pre-1956 imprints. Translator's dedication signed: Tho. Browne. Signatures: [fleuron]⁴(-[fleuron]1) a-c⁴ d² A-3O⁴. Includes index. Marginal notes. Errata: p. [6] at beginning. Numerous errors in paging. Reproduction of original in the All Soul's College (University of Oxford). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Elizabeth -- I, -- Queen of England, 1533-1603. Great Britain -- History -- Elizabeth, 1558-1603. Great Britain -- Kings and rulers -- Biography. 2002-08 TCP Assigned for keying and markup 2002-10 Aptara Keyed and coded from ProQuest page images 2002-11 Judith Siefring Sampled and proofread 2002-11 Judith Siefring Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion THE HISTORIE OF THE LIFE AND REIGNE OF THAT Famous Princesse , ELIZABETH : Containing a briefe Memoriall of the chiefest Affaires of State , that haue passed in these Kingdomes of England , Scotland , France ; or Ireland , since the yeare of the Fatall Spanish Invasion , to that of her sad and ever to be deplored dissolution . Wherevnto also is annexed an Appendix , of Animadversions vpon severall passages , Corrections of sundry errours , and Additions of some remarkable matters of this History never before imprinted . Polyd : Virg. Hist. Angl. lib. 3. pag. 53. Ne quid falsi dicere audeat Historicus , ne quid veri non audeat : Ne qua suspitio gratia sit , ne qua simultatis . LONDON : Printed for William Webbe Booke-seller in Oxford . Ann. Dom. 1634. TO THE SACRED MAIESTIE OF MY SOVERAIGNE LORD KING CHARLES . SIR ; IT was so farre from my Ambition , that it was my Feare , to make your Maiesty ( who already is ▪ of my Colledge ) Visitor of my Labours ; for indeed , could the Honour of this Story have descended to the humble content of a lower Patronage , I should no more haue aduentured the Fauour of your protection , then I can deserue it . The only credit which I craue from This Inscription is , to countenance , not my Reputation , but Reason ; which tells me , that to vnderualue the Maiesty of this Story with a Dedication lesse then Princely , were to furnish , not my labours but errours , with a Patronage . Should I heere steale into a seasonable commendation of the Subiect of this History , I should but iniure Goodnesse with some thin applause ; and not , blazon , but stifle Vertue in too straight a Panegericke : I will rather leaue still , her Name , for a terrour to the Romish Faction , her Death , for a common-place of Sorrow to the English Nation , her Vertue , for an example to Your enuious Imitation , and her vnworthy Translator to the gratious acceptance and Princely pardon Of your MAIESTIES most loyall Subiect , and humble poore Scholler THO : BROWNE . From my study at Ch. Ch. in Oxon. To the Reader . IT were well , if , what once the tongue of the Athenian Crier did to euery Orator , the language of Authority would , to euery Babbler ; Inter dicere , ne praefatione & affectibus uterentur , & lubere , ut rem mod● exp●●●rent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; A law indeed , which notwithstanding by a necessary disobedience , I must now both approue , and violate ; for I confesse , that in excusing my selfe , I had rather hazard the vncertaine censure of this ostentation , then by concealing an indifferent truth , sit down to a certaine discredit . Know therefore Reader ( for I care not who does ) that when I made the first onset vpon this Exercise , it was my desire rather to see what I could doe ▪ then care what I did ; for with the iust expences of a moneths time & labour , I digested the whole body of this History into a perfect frame . I must confesse my way was hard , and my time as short ; insomuch , that by the very transcribing of so compleat a Volume in such a space , my ●and her selfe seem'd to earne a commendation . But withall I must acknowledge , that since , I was faine to adde the discretion of my second thoughts , to correct and regulate some grosse absurdities ; which notwithstanding was such , as that it spo●e onely in interlinings , and marginall references , and not added the supplement of one sheet to encrease the former bulke . Hauing thus lickt it so farre , to make it worth the reading , that I made it almost impossible to be read , ( as I first began it , to ease the troublesome request of a priuate friend , so now ) I rendred it vp into his hands , to punish him with a peru●all . But it seemes , when the respects of loue and friendship blin●e the iust censure of a iudicious eie ▪ there , weake endeauours may finde both entertainment and acceptance . Thus fell it out with me ; for , ( although the conscience of my own imperfections could bequeath it no better light , then that that should consume it ) it pleased him to thinke it worth a brighter , this of the worlds ; so that I , ( whose conscience and duty bound me to an equall obseruance of his Desire , with other mens Commands ) was forced now againe to fashion my collected errours for the Presse ; desiring to publish rather my obedience to my Friend , then name to the World. Then might I haue iustly and boldly said , what Erasmus once did vpon his Edition of Saint Ieromes Workes , — Vnum illud & verè dic●m & audacter ; minoris arbitror Hieronym● suos constitisse libros conditos , quàm nobis restitutos : & paucioribus vigilijs apud illum natos fuisse , quam apud nos renatos . For I may well auerre , that the very reviewing of my Paines , exceeded the Paines which I reviewed , by so much the more , as it is easier to commit a fault , then to finde it , once committed . If this serue for an excuse , I cra●e acceptance at thy hands , if not , forgiuenesse ; but if thou be not pleased to giue , then exchange a courtesie , which is nought but this ; for my defects , let me haue thy pardon ; and for my deserts , I 'le dispence with thy commendation . Farewell . T. B. — Corrige , sodes , Hoc , bone Lector , et Hoc . — PAge 35. Line 18. Read● Martigue . p. 36. l. 1. Prince 〈◊〉 . p. 141. l. 5. Duke of Alua. p. 178. l. 24. which was to Feroll . p. 192. l. 3. dealt with them of Dantzicke . p. 221. l. 25. William Peter . p. 241. l. 24. the same Hagan . p. 244. l. 34. who notwithstanding had not yet . p. 255. l. 10. Monast●ry of Typarary . p. 311. l. 21. Saint-Iohn 〈◊〉 Bletnesho . p. 360. l. 14. Roger and Gawyn the two Harui●s . A TABLE OF THE CONTENTS BELONGING TO THE HISTORY , OF THE LIFE AND REIGNE OF QVEENE ELIZABETH . Anno M.D.LXXXIX . THe practises of the Spaniard in Scotland against England . Page 1 A mutinie in Scotland . 2 The mutiny is 〈…〉 . 3 The Earle of Arrundel arraigned . ibid. His Peeres . 4 Th● h●ads of his accusation . ibid. His demands of the Iudges . ● The Earles answer . 7 The Earle condemned . 10 His life pardoned . ibid. Drakes expedition . ibid. The Groyne assaulted . 11 The base Towne taken . 12 The high Towne assaulted , but in vaine . ibid. Preparation from the Spaniard . 13 The Spaniards driuen backe . ibid. The English depart , and embarque for Portugall . ibid. Peniche taken . 14 Lisbon assaulted . ibid. The Spaniards sally forth vpon the English. 15 They are forced home to their very Gates . ibid. The English depart . ibid. Drake ▪ blamed . ibid. Cascay's yeelded . 16 Three●●●●● H●lkes taken . ibid. Vigo burnt . ibid. The English retur●e . ibid. The English subiect to diseases 〈◊〉 Spaine . 17 The Hans●-townes complaine . ibid. The Queenes answere . 18 The Queene aides the King of Nauarre . ibid. The Holy League in France . 19 The Barricadoes at Paris . ibid. The Duke of Guise●laine ●laine . 20 Henry the third ▪ King of France slaine . 21 Contention about the election of a new King. ibid. The Cardinall of Bourbon proclaimed King. 22 The Queene 〈◊〉 the French King. ibid. The English 〈◊〉 in France . 23 The English returne . 24 The Spaniard affecteth the Kingdome of France . ibid. The Queene propoundeth a marriage to the K. of Scots . 25 He is betrothed to Anne of Denmarke . ibid. He passeth ouer to Norway . 26 Tempests raised in his Voyage by Witches . ibid. Bothwell accused by them . ibid. The Countesse of Sussex dieth . ibid. Sir Walter Mildmay dieth . ibid. The Earle of Worcester dieth . 27 And the Lord Sturton . ibid. And the Lord Compton . ibid. And the Lord Paget . ibid. And Doctor Humphrey . ibid. Anno M.D.XC. SVndry Hauens fortified . Pag. 29 Charges for the Nauy . ibid. Money lent to the French King. 30 The rates of the Custome-house raised . 31 The Queenes care of the States . 32 She restoreth ships to the Ve●e●ians . 33 She procureth peace from the Turke for the Polo●●●ns and Moldauians . ibid. She congratulateth the marriage of the King of Scots . 34 Her care of France . ibid. French Hauens taken by the Spaniard . 35 His pretence of right to the Dutchy of Britaine . ibid. Aide from England requested . 36 The Queene prouides for Britaine . ibid. And for all France . ibid. Wherefore she hea●●●neth not to the ill suggestions of some both English and French men . 37 Her obseruation . ibid. The Earle of Warwickes death . ibid. And Sir Francis Walsingham's . ibid. The death of Sir Thomas Randolph . 38 And of Sir Iames Cro●● . 39 And of the Earle of Shrewesbury . ibid. The death of the Lord Wentworth . 40 Tir-Oen strangleth Gau●loc . ibid. He is sent for into England , and pardoned . ibid. Hugh Ro●-Mac-Mahon hanged by the Lord Deputy . 41 Whereupon Brian O-R●cke rebels . ibid. Anno M. D.XC.I . THe Queenes care of the French King. Pag. 43 She sendeth him aide . 44 The conditions and articles that are agreed vpon betweene them ibid. A Proclamation in England against the French Leaguers . ib. Sir Iohn Norris is sent into France . 45 La-Noue that famous warriour , dieth of a wound . ibid. Sir Roger Williams behaueth himselfe brauely in the French warres . ibid. Anthony Reaux sent ouer to the Queene . 46 He demandeth more ayde from her . ibid. The Queene sendeth ouer into France the Earle of Essex . ib. He is sent for presently to Noyon by the King of France . ib. He knighteth many of his followers , to the great discontent of some of the English. 47 He is disappointed of his promise by the French men . ibid. His Brother Walter dieth of a wound at his approach to Roan . ibid. He is sent into Champaigne by the French King. 48 The French King breaketh promise with the Queene . ibid. He sends the Earle of Essex ouer into England , to require more aide of the Queene . ibid. Hee sends moreouer the Lord Mourney du-Pleffis , for the same purpose . ibid. The education and behauiour of William Hacket . 49 His extraordinary calling , and Reuelations . ibid. His confederates , and who they were . ibid. They all seeke to accuse the Lord Archbishop of Canterbury , and the Lord Treasurer of Treason . 50 Hackets hatred to the Queene . 51 His Disciples sent abroad . 52 They are apprehended . 53 Hacket condemned . ibid. His blasphemy at the time of execution . ibid. Coppinger starued himselfe . 54 Arthington recants . ibid. The Queens iurisdiction in spirituall matters impugned . ibid. It is defended and maintained . 56 Captaine Greenuile in the Reare Admirall called the Reuenge , is assailed . 56 He is sorely wounded . 57 Greenuile yeelded vpon condition . ibid. The Reuenge suncke . ibid. A requitall for her losse . 58 The East-Indie Voyage . ibid. Riman drowned . ibid. Their returne . 59 Cauendish his Voyage to the Magellane Streights . ibid ▪ A Proclamation against transportation of the prouision into Spaine . ibid. The death of Sir Christopher Hatton . 60 Brian O-rorke arraigned . 61 He is hanged at Tiburne . 62 Anno M. D.XC.II . BOthwell is proclaimed traitour . Pag. 64 The Earle of Murray slaine . 66 Bothwels attempt at the Court at Falkland . ibid. The zeale of the Ministers in Scotland . ibid. Letters and Blanckes taken by them . 67 Sir Iohn Perot questioned . ibid. He is accused . ibid. The Articles of his accusatio● . ibid. He is condemned , 68 He dieth in the Tower of a disease . 69 His goods are intailed vpon his Sonne . ibid. The Earle of Essex returnes from France . ibid. The K. of France requesteth more aide from the Queene . 70 She condiscendeth vpon some conditions . ibid. Captaine Norris is sent ouer . 71 The Duke of Parma dieth . ibid. Sir Walter Rawleighs expedition . 72 A Portugall Caracke persued by Burrough . ibid. He is assaulted by the English. 73 The spoile taken , and the value of it . ibid. The couetousnesse of some English Merchants noted . 74 A Proclamation about making of Ordnance . ibid. The Queene going on progresse visiteth the Vniuersity of Oxford . ibid. The Thames dried vp . 75 A discourse about the reason of it . ibid. The death of Viscount Mountague . 76 And of the Lord Scroope . ibid. And of Sir Christopher Wray . ibid. Anno M. D.XC.III . A Parliament assembled at Westminster . Page 77 What Subsidies were granted more then ordinary , and the caution about them . 78 The summe of the Queenes speech . ibid. Henry Barow a Sectary , hanged . 79 The Queenes care of Scotland . ibid. Her admonition to the King of Scotland . 80 The L. Burrough sent ouer to Scotland , on an Embassie . 81 What the Queene demanded ▪ by him . ibid. What the K. of Scotland answered to the Queens demands . ib. Bothwell being demanded of the Queene by the King of Scotland , when he lurked in England , wherefore not deliuered vp to him . 82 Bothwell returneth secretly into Scotland . ibid. Hi● insolent behauiour there . 83 Tumults by him raised in the Court , and the Chancellour thence remooued . ibid. Libels in Germany against the Queene . 84 Which the Queene procureth to be called in . ibid. She procureth peace betweene the Turke and the Transiluanian , and betweene the King of Sweden and the Musco●ian . ibid. Captaine Norris his proceeding in Britaine . 85 His returne againe into England . ibid. The King of France reconciled to the Church of Rome . ibid. The reasons which he gaue for his conuersion . 86 The Queenes Letter written in Latine , which she sent him so soone as she heard thereof . 88 A Booke of Boëtius translated by her . 89 The French King excuseth his breaking promise with the Queene . ibid. Agreements made betweene the Queene and him . ibid. The Queenes care for the Protestants in France , 90 She fortifieth her Islands of Garnsey and Iersey , and sundry other places . 91 A great plague in London . ibid. Hesket hanged , and wherefore . ibid. The death of the Earle of Darby . ibid. And of the Earle of Sussex . 92 And of the Lord Grey . ibid. And of the Lord Cromwell . ibid. And of the Lord Wentworth . ibid. And of Sir Christopher Carlile . ibid. Complaints of the Irish. ibid. Grudges betweene Tir-Oen and Marshall Bagnall . 93 Mac-Guir rebelleth . ibid. Ineskelline taken . 93 Tir-Oen vsurpeth the title of O-Neale . 94 Shan O-Neales Sonnes surprized by Tir-Oen . ibid. Anno M. D.XC.IV . THe Lord Zouch sent Embassador into Scotland . Pag. 96 The answer of the King of Scots . 97 Bothwell againe rebelleth . ibid. The pretence and cloake of his rebellion . 98 Bothwell put to flight . 99 The Scotch Papists banished the Realme . ibid. Their plots and new deuices . 100 The pretended right of the Infanta to the Crowne of England . 101 Parsons the Iesuite excuseth his Booke of Dolman . 103 Prince Henry borne . ibid. Treason against the Queene conspired by Lopez , and others . ibid. Their seuerall confessions . 104 The Traitors condemned . ibid. Cullin executed . 105 Yorke and Williams apprehended . ibid. The Queene informeth the Spaniard of treason . 106 Antonio Perez lurketh in England . ibid. The strength of the Leaguers much impaired . 107 Norris sent ouer into Britaine . ibid. Morley taken . ibid. Quinpercorentine taken . 108 Crodon assaulted . ibid. It is taken . 109 Fourbisher slaine . ibid. Norris recalled . ibid. Hawkins his Nauigations . 110 He reacheth the 〈◊〉 Streights . 110 He is assaulted . 111 He yeeldeth vpon condi●●on , 〈…〉 set at liberty . ibid. Lancasters voyage . 112 Honour conferred by a forreigne Prince , 〈…〉 at home . ibid. The death of Cardinall Allen. 113 And of Doctor Piers Archbishop of Yorke . 114 And of the Earle of Darby . ibid. Contention about the Isle of Man. 115 The death of the Lord 〈◊〉 . 116 And of the Lord E●ers , and of the Lord Chandoys , and the Lord Montioy . 117 Sir William Russell made Lord Dep●●y of Ireland . ibid. Tir-Oen submitteth to him . ibid. He is accused by Marshall Bagnall . 118 Bu● for all that is dismissed . ibid. The Lord Deputy prosecuteth the Rebells . ●●9 Tir-Oen bewrayeth his rebellious 〈◊〉 . ibid. Anno M. D.XC.V . THe King of Scotland 〈…〉 Spaniard . Page 121 Yorke and Williams hanged . 122 Warre pro●laimed in France against the Spaniard . 123 The warre 〈…〉 Luxenborough , and ●iccardy . ibid. Ayde required from England . 124 The Queene prouides against the sp●●●ard . ibid. More ayde required 〈◊〉 England . 125 The Queene acquitteth her selfe of 〈◊〉 imputations about the taking of Cambra . 125 The King of France perswaded to , and disswaded from a peace with the Spaniard . 127 Conditions proposed to the King of France by the Pope , and 〈…〉 . 128 Co●nwall inuaded by the Spaniard . ibid. Rawleighs voyage to Guiana . 12● Sir Iohn Hawki●● , and Sir Francis Drakes expedition into America . 130 The voiage to Porto-Rico . 131 〈◊〉 de-la-Hach fired , and 〈…〉 . 132 〈…〉 . ibid. The death of Sir Francis Drake . ibid. 〈…〉 . ibid. ● distast betweene the Queene 〈…〉 Low Countries , the reason of 〈◊〉 . ●●3 Sir Thomas Bodly sent ouer . ibid. His message . ibid. The answer of the 〈◊〉 . 134 Some monies offered in part of paiment . ibid. 〈…〉 ibid. Great debating about the matter . 135 Conditions proposed by the States to the Queene , what they are . 136 The Queene accepteth of them . 137 〈…〉 . ibid. The Queenes answere thereunto . ibid. The death of the Earle of Arundell ▪ and of the Lord 〈◊〉 , and Sir Thomas 〈◊〉 , and of D. Whitaker . 14● Sir Iohn Norris sent into Ireland . 141 Tir-Oen taketh Blackwater . 14● He is proclaimed Traitour . ibid. The strength of the Rebells 〈…〉 Ireland . 143 Norris sets forward toward Tir-Oen . 143 And the Lord Deputy ioyneth with him . ibid. Tir-Oen lurketh . ibid. Captaine Norris seemeth too much to 〈◊〉 Tir-Oen . 1●● He entertaineth a parley with Tir-Oen ▪ 1●● Tir-Oens counterfeit submission to Norris . ibid. And of O-donells , and Feagh-Mac-Hugh● . 1●● A truce made , and the danger of it . ibid. Anno M. D.XC.VI . SIr Henry Wallop , and Sir Robert Gardner , sent to parley with Tir-Oen , O-donell , and the rest of the Rebels , and to heare their grieuances . Page 147 The complaints of Tir-Oen , of O donell . 148 Of Shan-Mac-Brian , Mac-Phelim , and O-Neale , and 〈◊〉 others . 149 Propositions proposed to the Rebels , they flight 〈◊〉 reiect them . 150 The manner of the truce c●ncluded betweene them . ibid. The Queenes opinion of the 〈◊〉 . 151 Tir-Oen dealeth vnder-hand with the Spaniard . ibid. Tir-Oen sendeth Letters of the Spaniards to the Lord Deputy . 152 He deludeth Captaine Norris and 〈…〉 from them a writ of pardon . ibid. The Lord Deputy redu●eth O-Maden . ibid. Tir-Oens dissimulation layd open . 154 The Lord Deputy pursueth Pheagh-Ma●h-Hugh . 155 He is slaine by 〈…〉 . ibid. His head is sent to 〈◊〉 , and the head of Iames 〈◊〉 . ib. Callis assaulted by the Arch-Duke of A●stria , and 〈◊〉 . 156 The Queene prepareth a Nauie of 140. ships . ibid. The Earle of Essex , and Lord H●●ard , equall Generals of the Forces . 157 The Prayer of Queene Elizabeth for the Nauie . 158 The Nauy sets forward to Cadiz . 159 Where it arriues the 20. of Iune . 160 Certaine Gallies of the Spaniards withdraw themselues into the open Sea. 161 The English Souldiers are set on shoare . ibid. They breake downe Suaco Bridge . ibid. They take the towne . 162 They set fire on some Spanish ships . 163 No man of note lost in this expedition but Captaine Wingfield . ibid. The names of those that were knighted . 164 The English consult what to doe . 165 They come to the towne Pharo . ibid. From thence to the 〈◊〉 . 166 They returne home . ibid. How glorious this victory was to the English , how profitable to them , and how hurtfull to the Spaniard . 167 Sir Francis Vere made Gouernour of Brill . 168 Which the Earle of Essex taketh very ill , but worse the choice of Sir Robert Cecill to be the Queenes Secretary , he hauing appointed Sir Tho. Bodley for that place . ibid. The Spaniard prouides a new Fleet. ibid. The greatest part whereof cast away . 169 Queene Elizabeth fortifies the shoare , she entreth into a new League with the French King. ibid. Which they both sweare to . 170 The King of France made Knight of the Garter . 171 Counterfeit Pur●euants and Apparators punished . ibid. Thomas Arundell Count of the sacred Empire . 172 The question discussed , whether a Subiect be to admit of the honour which is conferred on him by a forreigne Prince . ibid. Such honours not to be admitted . 173 Counts and Viscounts , such as some Officers in the Court of Rome . 174 Count-Palatines , and who boasted themselues so to be . ibid. The Queenes iudgement on that question . ibid. The death of Sir Iohn Puckering , and of Richard Fletcher Bishop of London , and of the Lord Hunsdon , and Sir Francis Knolles . 175 The death of the Earle of Huntington , and of the Countesse of Darby . 176 Anno M. D.XC.VII . THe battle of Tournhalt in Brabant . Page 177 The Queene furnisheth a Nauy to surprize the Spanish Nauy at Azores , returning from the Indies . 178 Sir Walter Rawleigh lands at Faiall . 181 He takes the towne . 182 The Earle of Essex angry for his landing . ibid. Rawleigh defendeth himselfe , and at last is receiued into fauour againe . 183 The Islands Gratiosa and Flores yeeld to the Earle of Essex . ibid. Villa Franca taken . 185 An Indian Caracke burnt . ibid. The English Fleet returneth . ibid. The Spanish Nauy dispersed . 186 Grudges betweene the Earle of Essex , and Sir Walter Rawleigh , and betwixt the Earle of Essex , and Sir Robert Cecill . ibid. Essex discontented at the Titles giuen to the Lord Admirall , whereupon the Queene makes him Earle Marshall of England . 187 Pa●l●s D'l'ali●e sent Embassadour from the King of Poland . 187 His Oration to the Queene , full of contempt . The Queenes sodaine answer made him in Latine . 188 The Queene le●●es him , and answereth him by her Councellors afterwards . 189 The Merchant Aduenturers are forbidden traffiquing in Germany . 190 And those of the Hanse-townes , here in England . 191 The Embassie of Sir George Carew into Poland . ibid. What he effecteth with those of Dantsicke . 192 And with the Polacke . ibid. And with those of Elbing . ibid. An Embassadour from Christian the fourth King of Denmarke . ibid. The King of France requesteth aide from the Queene . 193 He recouereth Amiens . 194 The King of Spaine enclineth to a peace . 195 A Parliament assembled in England . ibid. The Lord De-la-ware restored to his old place . 196 And also Thomas Lord Howard of Walden . 197 The death of the Lord Cobham . ibid. And of W. Powlet Marquesse of Winchester . ibid. The Lord Burrough made Deputy of Ireland . ibid. Captaine Norris dyeth . 198 The Lord Deputy winnes the Fort at Blackwater . 199 The Earle of Kildare dyeth . ibid. The Rebels besiege Blackwater Fort. ibid. The Lord Deputy dyeth . ibid. Iustices appointed in Ireland in the meane time . 200 Tir-Oen presents his grieuances to the Earle of Ormond , now Lieutenant of Ireland . ibid. Anno M. D.XC.VIII . THe King of France would mediate for a peace betweene the Queene of England , and the Spaniard . Page 202 Embassadours sent ouer about that businesse . 203 Cecill Secretary to the Queene , sent ouer to France . ibid. He ouertaketh the King of France at Andes . ibid. The resolution of the King of France about warre . 204 Cecils answere in the behalfe of the Queene . ibid. The Kings reply , and promise to conclude a peace shortly for the benefit of both ●ingdomes . ibid. But hee dealeth vnder hand with the Arch-Duke about the said peace ; whereupon some expostulations past betweene him and the Queene . 205 Barneuelts Oration before the French in the behalfe of the Estates of the Low Countries . ibid. A difference between Secretary Cecil , and some of the French , whereupon he is dismissed with faire words onely . 207 Sir Thomas Edmonds thereupon is sent ouer by the Queene with Letters , which the French King t●●ke not very pleasantly . ibid. The King of France stands sto●tly for the Queen in the Treatie at Veruins . 208 The order of Session amongst the Delegates . ibid. The French take exceptions , that in the peace there was no mention of the Queene of England . 210 The Queene hath a care of her own● estate . ibid. A disceptation about a peace with the Spaniard . ibid. The reasons which were collected for peace . 211 The reasons that were collected against it . 213 The reply of those that stood for a peace . 215 Burghley Lord Treasurer , particularly for the peace . 217 The Earle of Essex much against it . ibid. Whereupon he writes and publisheth his Apologie . 218 A kinde of contention betweene the Queene and the Earle of Essex . ibid. The Earle behaues himselfe somewhat irreuerently before the Queene . 219 Her distast thereat . ibid. His answeres full of indignation to those that gaue him good aduice or counsell . ibid. The death of the Lord Burghley Treasurer of England . 220 His Natiuity and kindred , his education , he was Master of Requests , and Secretary to King Edward , he began to retaine vnder Queene Elizabeth . 221 He is made Baron , and Treasurer of England , and Knight of the Garter . 222 His Issue . ibid. New articles of agreement between the States and the Queene . 223 Sir Thomas Bodley of Councell for the Estates , he restored the publique Library of Oxford , first instituted by Humphrey Duke of Gloucester . 224 The Lord Zouch , and Christopher Perkins , sent ouer into Denmarke , by reason of some contention betweene the Danes and the English. 225 Isabella Daughter to Philip King of Spaine , betrothed to Albert of Austria . ibid. The death of the King of Spaine , being aboue seuenty yeares of age . ibid. Three places which he was w●nt to call the Keyes of the Kingdome of Spaine . ibid. George Clifford Earle of Cumberland returnes home from Sea. He tooke Porto-Rico , and other places ; but continued not there , by reason of a disease that happened amongst his Souldiers . 226 The treason of Edward Squire discouered ; the proceedings therein ; he is instigated to it by Walpole a Iesuite ; he bedawbes the pummell of the Queen●● Saddle with poison , but to no purpose . He besmeared a Chaire of the Earle of Essex's with poison , but to no more purpose . 227 He is questioned , and confesseth all , and is hanged . 228 Rumors scattered abroad against the K. of Scots . ibid. Especially by one Valentine Thomas , at the time of his execution . 229 The Queenes admonition to the King of Scots , in behalfe of this businesse . ibid. Bookes written in the behalfe of the K. of Scots . ibid. The Contents of those Books about the course of kingdomes . 230 The K. himselfe writeth his Booke called Basilicon-doron . 231 The affection of the Queene towards good studies . ibid. Bookes that she her selfe translated . ibid. The death of D. Stapleton Professour at Doway . ibid. And of D. Cosins Deane of the Arches . ibid. The death of Edmund Spencer the Arch-Poet ; his buriall at the cost and charges of the Earle of Essex . 232 Black-water Fort in Ireland besieged by the Reb●ls . ibid. The English hau● the worst of it , in a battle . ibid. The Fort not long after yeelded vp to the Rebels . 233 All the Prouince of Mounster reuolts from the Queene . ibid. Protections hurtfull to the Common-wealth . 234 Mounster all spoil●d and hauockt by the Rebels . ibid. Tir-Oens brags of his successe and victory . ibid. Sir Richard Bingham sent ouer againe into Ireland . 235 Who died there , presently after his arriuall . ibid. Anno M. D.XC.IX . A Great consultation in England , about the choice of a new Lord Deputy to be sent into Ireland . Pag. 237 The Earle of Essex secretly desires it himselfe . ibid. He is at length made Lord Deputy of Ireland . 238 An army allotted him , and the number , the greatest that Ireland euer saw . 238 The summe of his Commission . His departure . ibid. He marcheth to Mounster against some petty Rebels , and neglects the tenour of his Commission . ibid. The Queene takes it vnkindly , and he as much , the making of Sir Robert Cecill Master of the Wards , an Office which he himselfe expected . 240 The Earle excuses the fault , and laies it on the Irish Councell . ibid. Sir Coniers Clifford sets forward against the Rebells . ibid. He is slaine in the battell , with Sir Alexander Ratcliffe . 241 A fresh supply sent ouer from England into Ireland . ibid. Tir-Oen desires a Parly of the Earle of Essex . ibid. Which is at last condiscended vnto , at Balla-Clinch Riuers Foord . ibid. Tir-Oen and the Earle of Essex talke together almost an houre . 242 Tir-Oen desires to haue another conference with the Earle of Essex . ibid. Whereupon a truce is made for sixe weekes . ibid. Whereat the Queene is angry with the Lord Deputy . ibid. She sends letters to him , and to the Councell of Ireland . 243 The Earle of Essex much discontented at the letters . ibid. His secret plots to take some vnlawfull course to subdue his enemies at Court. 244 An army of 6000. men mustered in London ; halfe whereof lay at watch and ward for the safety of the Queene . ibid. The Earle of Essex makes an vnexpected returne into England , with some few followers . ibid. He comes and kneeles before the Queene at None-such . 245 He is committed to custody in the Lord Keepers house . 246 He endeauoures to remooue the suspition of ill that was conceiued of him by reason of his sodaine returne . ibid. When some would haue freed him by force out of custody hee would not agree to it . 247 The Truce broken in Ireland by Tir-Oen , in the Earles absence . ibid. The proud answere , and the reason thereof . ibid. Tir-Oen behaues himselfe very proudly . 248 The feather of a Phoenix sent him from the Pope . ibid. The Lord Keeper of the Seale laies open the cause of the Earle of Essex in the Starre-Chamber , to appease the people ; and the Lord Treasurer , and the Lord Admirall , and Secretary Cecill . 249 The Earle of Essex wholly deuoted to prayer and godly meditation . 251 A peace betweene Spaine and England proposed . ibid. The Spanish Gallies arriue at Flanders . 252 Charles King of Swethland sends ouer to excuse himselfe to the Queene of England . ibid. The death of Richard Hooker . 253 Anno M.DC. TItles to Crowne-Land confirmed by the Queene . 154 A Proclamation that no gold or siluer should be carried out of the Kingdome . 255 Tir-Oen conferreth honours vpon his followers . ibid. Mac-Guir and Warrham Saint Leger are slaine . ibid. Charles Blunt , Lord Montioy made Deputy of Ireland : who arriued there in the very midest of winter . ibid. The Pope of Rome encourageth the Rebells of Ireland with his iudulgence and generall pardon . 256 The forme and manner of it . ibid. The Rebells sound an Alarme in the very suburbs of Dublin . The Deputy neglects them , and onely sets forward after Tir-Oen . 257 But Tir-Oen preuents him . ibid. The Deputy sends a Garrison to Vlster . 257 The Citie of Derry is fortified , and Tir-Oen repulsed . 258 Ony-Mac-Mory-Og , the chiefe of the Family of O-More , is slaine . ibid. The Lord Deputy sets forwards againe towards Vlster . 259 He breaketh through many difficulties . ibid. Mont-Norris Fort erected . ibid. Henry Docwray chaseth the Rebels . ibid. The Lord Deputy Montioy restraineth the furie of the Rebels in the Prouince of Leinster . 260 After that he returnes againe to Vlster . ibid. The exploits of Sir George Carew President of Vlster , and what he did in that Prouince . 261 A new proposall of a peace with Spaine againe . ibid. Vpon what hopes this peace was propounded . 262 Bononia , or Bolonia , the place appointed for the Treaty . 263 Obseruations about the precedency of the kingdomes of Spaine , England , and France . ibid. Peeres designed for the Queenes part . 264 The instructions of the English for the Queenes honour . ibid. Exceptions taken on both sides concerning some tearmes in the Commissions of the Delegates . 265 The title of Most Illustrious canuased . ibid. The English challenge for the Queene the first place . 274 The Spaniards will not yeeld them place equall with them . ibid. New instructions to the English from the Queene . 275 The complaint of the Archduke about the Queenes succouring the Hollanders , in the time of Truce , answered . 276 By reason of Priority or Equality denied to the Queene , the Treaty breakes off very abruptly , after it had continued three moneths . 277 The battle at Newport , with the rest of the proceedings there . 278 Sir Francis Vere wounded in the leg , and the thigh , and his Horse slaine vnder him . 280 They that were taken of the enemy ; they that were wounded ; and the Englishmens names that best deserued in the battle ▪ 281 Contentions betwixt the English & French about prizes . ibid. The matter of agreement betweene both parties . 282 Contentions betweene the English and the Danes concerning Traffique , and Fishing . 283 The English complaine of the exacti●n of tribute for passing the Sound ; the Danish Delegates depart for want of victuals . 285 Two Breefes sent priuately by the Pope against the K. of Scots , nex● Heire to the Crowne of England . ibid. The treason intended by the Ruthwens , the Brothers of Earle Gowry . 286 Great complaint in England for the scarsity of Corne. ibid. The Earle of Essex commanded to keepe his house . 287 He appeares before the Lords Commissioners . ibid. The Earle makes answere for himselfe . 288 The L. Keeper interrupts the Earle in his answere . 289 Great hopes of the Earles liberty , collected from the Queenes naturall inclination to mercy . 290 As also from the noblenesse & vertuous disposition of the heart of Essex himselfe . ibid. Considerations in what course of life the Earle was best to imploy himselfe . 292 Great humblenesse of minde in the Earle of Essex . 293 The Earles message to the Queene full of humility . ibid. The Queenes answere in words she would often vse . 294 Cu●●e gets accesse to the Earle of Essex . ibid. But the Earle is yet deafe to his bad counsell . ibid. The Queen will not yeeld to Essex's petition . 295 Whereat the Earle grew much discontented . ibid. And now begins to hearken to ill counsell . ibid. He keepes open entertainment for all commers . 296 The death of Roger Lord North. ibid. Anno M.DC.I. EMbassadours sent from Ma●ritania and Russia . Pag. 297 Diuers Princes resort to visite the Qu●●ne . ibid. The Earle of Essex quite deafe to any good aduice . 298 He is m●re and more enraged , but especially for the Earle of Southamptons bei●g assa●l●ed by the Lord Grey in the open street . 299 He e●deauoureth to draw the King of Scots to his party . ibid. The Earle of Southampton , Sir Charles Dauers , Sir Ferdinando Gorge , Sir Iohn Dauis , and Iohn Littleton , made priuy to the Earle of Essex secret plots and purp●ses . 300 Their meeting in Drewry house the things proposed there : the concl●si●n of surprizing the Court. 301 Whereupon suspition is daily encreased of the Earles loyalty . ibid. And the Earl● him ●elfe , sent for to the Lord Treasurers . 302 B●t he excus●●h himselfe by reason of ill health , and went not . ibid. He beginneth to conceiue new plots . ibid. A great multitude of people assemble about Essex house . 303 Some Lords of the Co●ncell sent to know the reason . 304 The Earle of Essex his complaint to them . ibid. The open clamors of the multitude to kill the Councellours . 305 The Lords are lockt vp in Essex house . ibid. The Earle himselfe entreth London , to the Sheriffes-●●use . 306 He is presently proclaimed Traitor . ibid. He thinkes which way to returne home againe . 307 Sir Ferdinando Gorge sets the Lords of the priuy Councell free . ibid. A conflict neere the Bishop of Londons Palace . ibid. The Earle takes b●at at Queene-hith , and f●rtifies his house . 308 The Earle of Essex commanded to yeeld , will not , but vpon some conditions . ibid. The Admirall will giue none . ibid. Tbe Earle determineth to issue forth vpon them . ibid. But vpon better aduice begins to thinke of yeelding . 309 They all yeeld themselues vp to my Lord Admirall . ibid. The Earles of Essex and Southampton imprisoned . ibid. The care of the Citizens highly commended by the Queene in a Proclamation . 310 Thomas Lee taken , and executed at Tiburne . ibid. A Proclamation against 〈◊〉 and R●n-awaies . 311 The plots of the Conspirators are detected . ibid. The Earles of Essex and Southampton arraigned . ibid. The principall heads of their Inditements . ibid. Laid open at length by the Queens Lawyers , 〈◊〉 Yeluerton , and Sir Edward Coke . 312 The Earle of Essex's reply . 313 He excuseth his iniuries done to the Lords of the Councell . 314 The layes open the iniuries done to himselfe . ibid He extenuates the testimony of Sir Ferdinando Gorge . 315 The Earle of Southampton defends his own● cau●e . ibid. Certaine cases propounded to the Iudges . 316 The Earle of Essex much accuseth his aduer●aries . ibid. Sir Francis Bacon remoues the accusation . ibid. The Earle of Essex interrupteth him in his speech , and accuseth Secretary Cecill . 317 Cecill comes forth out of a little Closet , where he stood to answer to the Earles obiections . ibid His speech to the Earle of Essex . ibid. The Lord Knolles sent for to the Iudges to decide the matter . 318 Cecill inueigheth against the Earle of Essex . ibid. Southampton againe excuseth himselfe . ibid. Th● Iudges opinion concerning the protestation of both the Earles . 319 The Earles are both found guilty of treason by the Peeres . 320 The Earle of Essex's speech at the pronunciation of sentence . ibid. The sentence pronounced both against the Earle of Essex , and Southampton . 321 Others also are arraigned about that businesse . ibid. The Earle of Essex desires to speake with some of the Lords of the pri●y C●●●cell . 322 He accuseth Cuffe as the author of all his treachery . 323 The Earle reueals more that knew of the conspiracy . ibid. He is brought out to executiou in the Tower yard . 324 He is beheaded . 325 His commendation ▪ his stocke , and Ancestors . 326 His Wife , and Issue . 327 Blunt , Danuers , Dauis , Mericke , and Cuffe arraigned . ibid. Blunt's examination , and what he confessed . 328 Danuers , what he answered for himselfe . 329 And Dauis for himselfe . ibid. The arraignment of Cuffe , with the particulars thereof . 330 Cuffe , what he a●swered for himselfe . 331 The arraignment of Sir Gill. Mericke , with the particulars thereof . 332 What Sir Gill. Mericke said for himselfe . ibid. Sir Christopher Blunt , and Charles Danuers request to be beheaded . ibid. Cuffes execution at Tiburne , and his confession there . 333 Merickes execution there also . 334 Blunt , and Danuers beheaded on Tower-hill . ibid. The confession of Sir Christopher Blunt. 335 Sir Henry Neuill committed vpon suspition . 336 The punishment of Daniel an Impostor of the Earle of Essex's Letters . 337 The Queenes answere to the Embassadors of Scotland . ibid. Gallies first prepared . 339 The States thinke how to subdue Flanders . ibid. They are preuented by the Arch-Duke . ibid. Sir Francis Vere made Gouer●our of Ostend . 340 The description and scituation of Ostend . ibid. A parley with the Archduke about yeelding of Ostend . 341 Vere being supplied with prouision , breakes it off . ibid. He resigneth vp his Office into the hands of the States . 343 The chiefest Englishmen that died at the Siege . ibid. Marshall Birone sent ouer into England . 344 A Parliament assembled at Westminster . ibid. Monopolies restrained . 345 The Queenes speech to some of the Lower House about them . ibid. The death of the Earle of P●mbroke . 346 And of the Lord Norris . ibid. And of the Lord Willoughby . 347 A Proclamation against transporting mony into Ireland . ibid. Deliberation about altering the Coine in Ireland . ibid. The Souldiers pay altered without any t●mult or mutiny . 348 The Lord Deputy sets on towards the Rebels . ibid. And Sir Henry Docwray in other parts . 349 The English surprize Donegall Monastery . ibid. Rumors concerning the approaching of the Spaniard at Munster , drawes the Lord Deputy back● againe . 350 Ballashanon is seized on . ibid. President Carew surprizeth the titular Earle of Desmond , and send both him and Florence Mac-Carty ouer into England 351 He makes preparation against the Spaniard . ibid. He informeth the Lord Deputy of the affaires . 352 A consultation whether or no the Deputy sho●ld enter Mounster without his Forces . ibid. The Spanish Forces land in Ireland . ibid. The reasons of their comming published . 353 The English beset them . 353 The Spaniards driuen out from Rincurran Castle . ibid. Tir-Oen commeth into Mounster . 354 The Rebels determine to bring their Forces int● the towne . 355 The English hinder them . ibid. The Rebels retire : and the E●glish persue them . ibid. An earthquake in London the 24. of December . 356 The Rebels p●t to flight . ibid. The commodities of that victory . 357 The Spaniards desire a parley . ibid. Articles about their yeelding . 358 They depart out of Ireland . ibid. Anno M.DC.II . DVnboy Castle assaulted by the President . 360 The Rebels reduced into order . ibid. Bishop O-Hegan slaine . 361 A Nauy dispatcht to the Spanish sh●re . ibid. The Gal●ies and Carackes set vpon in the Hauen of Cezimbra . ibid. A Caracke and Gallies are set vpon . 362 The Gallies are put to flight . ibid. Some of them taken . ibid. A parley . ibid. They yeeld . 363 The r●st of the Gallies are for Flanders . ibid. They light vpon the Queenes ships . 364 They skirmish . ibid. Their Gallies vanquished . 365 A treaty at Bremen with the Danes . ibid. They complaine of too much Tribute paid for passing the Sounds . ibid. Their demands . 365. A controuersie discussed about the freenesse of the Sea. 366 The treaty breakes . 367 Disagreements betweene the Iesuites and Secular Priests . 368 See Watsons Quodlibets of State. 369 Iesuites and Secular Priests banished . 370 Marshall Birone beheaded . 371 The French King complaines of the Duke of Bullen . ibid. He askes Queene Elizabeths counsell what he should doe with him . ibid. The Queenes answere . 372 The French Kings reply . 373 The opinion of others concerning this matter . ibid. Geneua relieued . 374 The death of Alexander Nowell . ibid. Tir-Oen feares both his owne power and his Armies . 375 The Deputy persues him . ibid. He builds Charlemont . ibid. And Fort Montioy . 376 Docwray chaseth the Rebels . ibid. Yet he is slightly regarded . ibid. More of the Rebels submit themselues . 377 Tir-Oen craues pardon . ibid. Anno M.DC.III . TIr-Oen absol●tely submits himselfe . 378 The Queene fals sicke . 380 In the Kings Preface to the Reader in his Basilicon Doron . 384 THE LIFE AND REIGNE OF THE most famous Princesse ELIZABETH ; With a memoriall of the chiefest matters and affayres of the States of England , Scotland , France and Ireland : and sundry other occurrences of the affayres of most part of Christendome : Which haue happened since the fatall Spanish Inuasion , to the tim● of her Dissolution . AFTER that so vnexpected a successe had blasted the glory of the Spanish Inuasion , They to ●alue their wounded honour ▪ and to forestall in the English the very thought of th● like inuasion , begin now to prosecute their foreintended purpose of wounding and molesting the peace of England , by the hands of her neighbour Scotland . To which purpose , the industrious villany of Robert Bruce , a Priest , with Creicton and Hay , Iesuites working vpon the distempered Religion of the Earles of Huntley , Arrolle , Crawford and Bothwell ( a man as fickle as his fortune , but yet the naturall sonne of Iohn Prior of Coldingham , the sonne of Iames the fifth King of Scotland ) easily perswaded them into a strong mutiny . The drift and scope of their purpose was , that hauing surprised the King , they might make way for some forreigne forces to restore the decaying Romish Religion to its former perfection , and then to assayle England , in reuenge of the death of the Queene of Scots . The pretences whereby they drew the facil disposition of the comminalty into a fauouring and following of the businesse , were , That the king was against his will constrayned to the custody of Maitland the Chancellour , and some others of the English faction ; That the English men flesht , as it were , with the safe and vnreuenged death of the Queene of Scots , had now made themselues ready , euen to roote out the whole Scottish nobility ; and that they , at the request of the King himselfe , had put themselues thus in armes to rescue Him from the strictnesse of his custody , and the Realme from ruine . The King ( hauing beene gone a hunting , and certified by many messengers vpon one and the same day , that on the one side Bothwell , was neere at hand with a troope of Borderers ; and that Huntley and the rest , came marching towards him from the Northerne quarters , with a compleat army ) by his Proclamation to and for the same purpose , declares them all Traytors ; and sendeth out a presse amongst his loyall Subiects , excepting none but those whom , eyther by reason of defect of sixteene yeeres , or excesse aboue threescore , not his clemency so much , as Nature exempted from seruice . Heereupon Bothwell discomfited for the very feare of an ouerthrow , forsakes his courage ( as his complices did him ) and betakes himselfe to his places of retire ; But the Earle of Huntely still keepeth on his march , and by the way surpriseth Glamise , an old enemy of his , and Captaine of the Kings Guard. The Queene of Englands discretion entertayning a iealous thought , that her owne Kingdome would share in the dolefull effects of those mischiefes that Scotland hatched , left nothing vnattempted which the forcible argument eyther of money or reason could effect , to spurre on the King of Scots to an immature crushing of this Spanish policy , which notwithstanding the ripenesse of his owne iudgement had already prompted him to . For being as wary to preuent , as skilfull to foreknow the storme that might follow , hee presently sets forward towards Huntley . But he , whether out of a guilty feare of Maiesty imprinted in the heart of rebellion , or out of some politique distrust of his owne , or his complices ability , hauing marched on as farre as Dee-bridge , no sooner vnderstood of the approach of the Kings forces , but dismissing Glamise , he betakes himselfe to the deceitfull security of his owne dwellings amongst the ragged hilles at Strathbolgie . Thither when the King ( more eager of the chase , then carefull either of his age or Person , vnacquainted with labour , want and such course entertainment as those sharpe climates affoorded ) had narrowly pursued him : first the Earle tendred a submission vpon the condition of safety both of life and goods ; but afterwards , hee wholly and absolutely yeelded vp himselfe to the pleasure of the King : who at the first indeed , vouchsafing him not so much as the curtesie of conference straightway committed him to prison ; but not long after released him , both from his punishment and his offence , neither only pardoned he him , but extended the same mercy to euery one of his complices , whose sober discretion could so farre dispense with their proud ambition , as to petition for it . The same moneth that these affayres went thus harshly with the Spaniards fauorites in Scotland , was Philip Howard Earle of Arundel , now after three yeeres imprisonment in the Tower , for suspition of too good affection to the Spaniard , arraigned at Westminster Hall , before Henry Earle of Darby , appointed Lord High Steward of England , for this matter , and the rest of his Peeres : William Cecil , Lord Burgheley , High Treasurer of England , William Marquesse of Winchester , Edward Earle of Oxford Lord High Chamberlayne of England , Henry Earle of Kent , Henry Earle of Sussex , Henry Earle of Pembrooke , Edward Earle of Hartford , Henry Earle of Lincolne : The Lord Hunsdon , The Lord Willoughby of Eresby , The Lord Morley , The Lord Cobham , The Lord Gray , The Lord Darcy of the North , The Lord Sands , The Lord Wentworth , The Lord Rich , The Lord Willoughby of Parrham , The Lord North , The Lord Saint-Iohns of Bletso , The Lord Buckhurst , The Lord La-ware , and the Lord Norrice . The Earle being commanded to lift vp his hand , lift vp both that , and his voyce in these words : Beh●ld a hand cleare , and a minde syncere . The principall heads whereof hee was accused were : First , that he was of too intimate acquaintance with Cardinall Allan , Parsons the Iesuite , and other Traytors , who lay in continuall wayt for the destruction both of Prince and people ; and who by exciting both Forrayners abroad , and Naturall Subiects at home , plotted the reducement of the Romish Religion to its ancient vigour . Secondly , that in letters sent by Weston , otherwise Burges , a Priest , he had ingaged his promise to the sayd Cardinall , for the promotion of the Catholique cause , and to that intent would secretly haue conueyed himselfe out of the Realme . Thirdly , that he was priuy to the Bull of Sixtus Quintus Bishop of Rome , whereby the Queene her selfe was deposed , and her kingdomes bequeathed to the inuasion of the Spaniard . Fourthly , that in the time of his imprisonment in the Tower of London , he caused Masse to be sayd for the prosperous successe of the Spanish Fleet ; and that hee himselfe had vsed diuers peculiar prayers to the same purpose . Then being demanded whether he were guilty or not , he requires his fourefold ac●usation with a fourefold interrogation of the Iudges : as First , wh●ther it were l●wfull to wrap and knead vp so many particular offences in one Inditement ? To whom they answered it lawfull . Secondly , whether Coniecturall Arguments were of force or no , to convince a truth ? To whom they answered it lawfull for him to interpose exception against them . Thirdly , whether they could lustly accuse him of things that were made treason in the thirteenth yeare of the Queene , now , after the time alotted in the very law ? To whom they promised no proceeding against , but out of the old law for treason , enacted by King Edward the third . Lastly , he demanded whether that were a formall Inditement , which erred both in time and place ? To whom they returned the thing what ▪ and not so much the time when , or the place where to be chiefely to be considered . Then being demanded againe whether he were guiltie or no , he pleaded not guiltie , submitting his cause to God and the iudgement of his Peeres ; requesting withall , that the weakenesse of his memorie much impayred by the great indisposition of his bodie , and the long time of his imprisonment might occasion no harme or disaduantage vnto him , ●f he should by chance falter in such multiplicitie of matter . Sergeant Puckering dilating vpon the former part of the Inditement , declares vnto them how that Cardinall Allan with other Iesuites had deuised and sought to accomplish plots mischieuous both to Prince and people , for which cause the said Cardinall was banisht the Realme ; yet notwithstanding that the Earle maintained an intercourse of letters with him still , in some whereof he assured him of his vtmost indeauour for promoting the Catholique cause , which words he argued could admit of no milder exposition , than an inuasion of England . The Earle made answere that by promoting the Catholique cause , he meant not the subuersion of the Realme , as they fancied , but onely the conuersion of as many Proselites as he could . The Queenes Atturney Popham vrgeth against this , the confessions of Sauage , Throgmorton , and Babington , out of which hee made his illation , that by those words the Earle meant an inuasion of England by force of armes . Soutl●worth , Sergeant at Law hauing alleadged the Statutes lately made against Iesuites and Seminary Priests , begins to vnfold the secret mischieuous purposes of sending Iesuites ouer into England ; concluding them to bee Traytors from a testimonie taken from the Earles owne mouth , who when Val●ngers case about the Libell was tried in the Starre-chamber , openly affirmed , that he that was throughly a Papist must needes bee a Traytor , aggrauating the matter with these circumstances be●ides , that the Earle had entertained such men notwithstanding into his familiar acquaintance , and that also he had reconciled himselfe to the Romane Church , and tendred obedience to that See. This reconcilement the Earle earnestly denied , beseeching them that testimonie might be produced for confirmation : but they produced none but himselfe , who hauing formerly granted them , that he had beene confessed his sinnes by Burges the Priest , gaue them occasion to vse this argument against him ; he that is admitted to the vse of the Sacraments of the Church of Rome must first be reconciled to that Church : but he had beene admitted by Gratley , a Priest to the vse of the Sacraments of the Church of Rome ; and therefore they concluded his re●oncilement . Heere Popham with as great vehemency of words , as multip●icitie of matter , argueth his reconcilement , from his owne letters , from his resolution to depart the Realme , and from his continuall being thus at the Cardinals becke , thence concluding him guilty of treason , and afterwards producing letters of Gratley and Morgan to the Queene of Scots , taxed him as if he professed the Romish religion , not out of conscience , but as a colour for his discontents if they should chance to break out into open rebellion . After all this was produced a little picture foūd in the Earls casket on the one side wherof was a handshaking a Serpent into the fire , with this inscription , Si Deus n●biscum , quis contra nos , that is , If God be with vs , wh● can be against vs ? On the other side a Lion rampant with his tallents cut off , but this motto , Tamen leo , that is , I am yet a Lion. To this he add●d that the Cardin●l● exhortation to the contrary diuerte● his ●esolution of departing the Realme , alledging that hee might doe the Church of Rome better seruice at home , than he 〈…〉 . Likewise that in a letter sent the Queene he had bitterly traduced and sorely calumniated the legall proceeding of the Realme , especially in the sentence of death both of his 〈◊〉 and Grandfather , that the Queene of Scots had commended him to Bibington as a fit man to be the Chiefe Heade of all Catholiques . That Cardinall Allan plainely intimated , that the Popes B●ll was procured by the meanes of a Great man in England , wh● must necessarily be the Earle himselfe , since none of all the nobilitie was guilty of that familiaritie with him , which the Earle by letters daily increased and augmented . Then were read the confessions of William and Margaret brother and sister to the Earle . Likewise some of his owne letters which he wrote , when he resolued a departure of the Realme , euery one magnifying euen to admiration the clemencie of the Queene , who at that time qualified his offence of treas●n with a triuiall imputation of a bare contempt only . To these things the Ear●e heere and there mingled an answer ; as that the picture was a small ordinary trifle , and the gift of one of his seruants . That indeed he assured Cardinall Allan of the extremity of his indeuours , but yet neither against Prince nor people . That whatsoeuer he had formerly written concerning the iudgement pronounced either against his Father or Grandfather , the Chronicle was better able to 〈…〉 Then were read certaine letters of the Cardinall Allan to the Queene of S●ots , and others of the Bishops of Rosse since the time of his intended flight concerning a fresh inuasion of England . After that the Bull also of Sixtus Quintus , and many sentences gleaned out of the Cardinals admonitions to his Countre● men in England the yeere before printed at Antwerpe . The Title also of Philip Duke of Norfolke found in some scattered papers was layd to his charge , by reason indeed that the Cardinall not long since , had exhorted him to vse a Higher Title ; and a●l this , to prooue him guilty of Treason before his imprisonment . But Egerton the Queenes Sollicitor hauing compendiously collated all the premisses , doth vndertake to conuince the Earle of Treason likewise since his imprisonment , and that at three seuerall times ; as first , before the Spanish Nauie came , by wishing a fortunate successe vnto it ; then at the very time of the Nauies comming , by causing Seruices , Prayers , and the Masse of the Holy Ghost , to be sayd full foure and twenty houres without respite for the prosperity thereof : and lastly , at the time of its shamefull flight , by more then ordinary griefe bewayling the misery of so vnexpected fortune . The testimonies to confirme these allegations were ●aken 〈…〉 The Earle indeed denied not the saying of Masse or prayers , but the end thereof , as they imagined ▪ his end being only to diuert the cruelty of that slaughter , which hee 〈◊〉 was threatned Catholiques . But what Gerar● affirmed hee constantly denied ; and adiuring him by the terrour of the fearefull day of iudgement , either so distracted his memorie , or quickned his conscience , that he accused none more than himselfe of folly in speaking little or nothing to the purpose . What Bennet witnessed , the Earle sought to suppresse the beliefe of , by producing to them palpable contradictions , which his whole confession was in a 〈◊〉 clad with , and for the rest as being men partly condemned , partly dissolute in their life , and partly of small credit , he not so much esteemed of their testimonie , as traduced that courtesie which hee thought allow'd him companie the better to entangle him . This peremptorie slighting and disreputing of the witnesse that came for the Queene , being 〈…〉 with some reprehension , the Queenes Sollicitor gave them notice to heare the words of the ancient law of Richard the 2. read ; wherein is declared that the Crowne of England is vnder no Iurisdiction , except onely Gods ; and that the Bishop of Rome hath no right either in or ouer the same . After which time the varietie of these distracted matters hauing wasted the day to twi●ight , occasioned the Earle to be withdrawne : who humbly submitting himselfe to his Peeres , and protesting still his allegiance and dutie to the Queene , requested them to re●olue and determine vpon that , which might bee glory vnto God , for the safety of the Queene , and the ●onor of their quiet conscience . His Peeres withdrawing themselues , continued in consultation the space of an 〈…〉 of the Iudges in some points of law , they returned to their seats . And being demanded their sentence , all of them laying their hands to their hearts , thereby acquitting their Honour from corruption , and their conscience from any partiall imputation , did pronounce the Earle guilty . Who being asked , what he had to say that Iudgement might not passe vpon him , vsed no other words then what his father had formerly in the same place , Fiat voluntas Dei , that is , The Lords will be done . After the pronouncing of his sentence of death , he requested that hee might speake with his wife , see his yong sonne , borne since the time of his imprisonment ; make euen with his creditors , and take order for the payment of his debts . And then hauing desired that the Queene would accept his sonne into her fauour , his white wand or staffe of authority was broken by the Lord Steward , and hee dismissed to the place of his imprisonment in the Tower , with the fatall ha●chet carried the wrong way before him . The immature ruine of so hopefull a blossome ( for he had not yet seene three and thirty ) could not more exasperate the due griefe of many , then it amplified the discretion of the Queene ; who by this awaked the proud hopes of the Romanists to a iust ●eare . Yet notwithstanding shee pardoned him his life , esteeming it a more mercifull policy to let him and his Popish fauourites , rather know , then feele the power of her incensed Maiestie . And now the Queene aswell to manifest her force and strength abroad , as she had done her wisedome at home , began to pursue that victory which God had already giuen her against the Spaniard . And therefore accounting it as honourable , 〈…〉 the like from him , she gaue free licence to the courage of Sir Iohn N●r●ice and Sir Fran●is Drake , ( who most confidently beleeued that the power of the Spaniard stood much ingaged to most mens 〈◊〉 opinion , and many mens feare ) to set out a Nauy for Spayne ; which they did furnish with as 〈◊〉 cheerefulnes , as expences , demanding nothing of the Queen , but some few of her men of warre . But as their valour began the motion , so their discretion prompted them to this condition , that all ships or other spoyles should be no farther distributed then amongst themselues , to the encouragement of valour , and the small recompence of their cost and charges . Yet the forces of this expeditiō reached not to tha● strength and quantity as was expected . For the States of the Low Countries ( rather to shew their discontent at the English for Captayne Sir Iohn Wingfields fake the Gouernour vnder whom the Garrison was corrupted , and Geertrudenberg it selfe betrayed to Prince Maurice , then great affection to their proceedings in this voyage ) ioyned only some few ships to them : so that in all there might be more or lesse , some eleuen thousand souldiers and about fifteene hundred mariners . To these also Don Antonio the base borne , and Prior of Crato , with some few Portugals ioyned themselues : who out of a clayme he layd to the Kingdome of Portugal ( who by the Lawes of the Country accepteth base borne aswell as legitimate Kings ) loaded the vayne expectation and beleefe of the English with empty promises of the Portugals reuolt from the seruile yoke of the Spaniard , to his iust and lawfull subiection ; and of great succour which he was to haue from the free bounty of Mulley Hamet King of Moracco . The prouisions for this enterprize being all in a readines , in April next , they put foorth from Plimmouth ; and fiue dayes after they landed within a mile of the Groyne without impeach . From thence marching towards the Base town , a great Galeon and two smaller ves●els that rode in the Bay , beat sorely vpon them , especially on some of the vnskilfuller sort , whom eyther their owne indiscretion , or their vnhapy fortune could not rescue from the danger . But afterwards the English planting some few peeces of Ordnance vpon the shore , made them quickly abandon the Road , and themselues a safer way . The next day after , the Base Towne was assaulted at one and the same time in three places ; on that part that looked toward the Continent Colonell Bret and Vnton made onset , with some three hundred more ; and Richard Wingfield and Sampson with fiue hundred on the other side . These attempting it by Scalado , were forced sometime to abandon their possessions , by reason of strong resistance they found in the enemy . But the rest brake in vpon them valiantly and happily without any great losse ; which made the Spaniards that inhabited there , quickly forsake the Towne and their Armes , and conuey themselues through passages as difficult to finde out , as dangerous to passe through , to the High town . The enemy in the great Galleon , perceiuing her to be on fire and her Artillery ouercharged , came presently a shore , leauing her to suffer a two dayes martyrdome ; and her prouision of all sorts , and good warlike munition ( which had been stored vp there against the next inuasion ) to be conueyed into the English ships . Then marched the English vp to the High Towne , which when Generall Norris obserued to be seated vpon a Rock , and onely mineable in one place , there he imployed the industry of many workemen : and the better to distract their feare , he placeth his engines at the other side of the wall , intending to make a breach at the same time . But his policy was more laudable ▪ then the euent of it sutable ; for the vnderminers , hauing not bedded their powder enough in the walles , the fire recoyled backe againe , frustrating both their labour and expectation . Wherefore they fell to it againe , and worked deeper into the foundation of the wall . The miners gaue fire to the trayne : whereby they blew vp great part of the Tower , vnder which their powder was planted ; but the other part thereof falling afterwards vpon many of the English that contended for their owne destruction by entring the breach , ●lew many of them ; and wounded so many , that the rest forsaking their commanders to secure their owne liues , left them to scuffle with a double enemy men and stones . And yet they that continued this assault at the Breach at the very same time on the other side of the wall , by reason that the inconstancy of some rubbish would not allow them sure footing , were fayne after the losse of some men , to lose their labour to and retire ; their discreet valour notwithstanding being more to bee commended , then their successe vpbrayded . Generall Norris then hauing certayne intelligence that Conde de Andrada had assembled his forces together at Puente de Burgos ; and that Conde de Altemira hastned with a greater leauy , eyther with intent to succour the Groyne , or else to encampe betweene the English and the place of their imbarking , so to hinder their shipping , foorthwith resolues with ten regiments to goe visit the enemies forces . In the foreward were the Regiments of Sir Edward Norris , and Colonell William Sidney . In the mayne battell that of the Generall himselfe , and Colonell Medkerkes a Low Country man. In the Rereward the Regiments of Sir Henry Norris , Colonel Hantley , and Colonel Bret. The enemy although hauing strongly entrenched himselfe at the foot of the Bridge , yet was by force driuen backe , and made to forsake their barricadoes of Barrels , and the Bridge which was flanked on both sides with shot , which did affoord the English an easie passage both for themselues , and for their cruelty to slaughter the enemy at pleasure , for at least three miles chase ; and safely to ransacke hamlets and neighbour villages , and set the whole Country thereabouts on fire : which when they had done about two dayes after , they tooke ship and embarqued for Portugal . But whilest a contrary winde lengthned their intended course , Robert Earle of Essex , whether out of loue of glory , hate of the Spaniard , or pitty to Don Antonio , licenced more by his owne minde then the Queenes pleasure , hauing put foorth to sea , came into the English fleet . The Queene being as angrie , as ignorant of his voyage , and very vnlikely to haue seconded this his resolution with her consent ; as being wary not to endanger any of her chiefe Nobility in such a kind of a priuate enterprize . ●t is vncertaine ( although many would talke it into truth ) whether or no the Earle put himselfe vpon this Action with a thought of being sole Commander and Generall of the Nauy : By reason that by former preferments he had ingaged to his seruice , the hearts of most of the Colonels and Captaines there , that might by ioynt consent conferre it vpon him : yet certayne it is , that in this , if he lost his Desire , he purchased Honour . Two dayes after , the sea being so boysterous that a discreet suspition might haue construed it ominous , they landed at Peniche in Portugal ; where after the sea had defended it more valiantly then the men , by drowning many before they landed , the enemy fled and the Castle yeelded to Antonio . From Peniche the Army marched by land to Lisbone vnder the conduct of Generall Norris , which was some threescore miles off : Generall Drake assuring that he would follow with the fleet vp the Riuer Tagus . In their voyage at Torres Vedras , a Councell of Warre was called ; whereby it was decreed most conuenient to pitch the Campe on the East side of the City , that so all hopes of succour might bee blocked vp from the Spaniard , and that so euery Portuguesse might the more conueniently haue accesse to their King. After six dayes marching , the Army approached the Westerne suburbes of Lisbone , without so much as the hope of an encounter with the enemy ; and there entring S. Katharines to scoure the streets , they found none but old folks , beggars and the like , without as much as any weapon but their tongue , which they imployed in this generall acclamation , Viua el Rey Don Antonio . For Albert Duke of Austria , their late Gouernour had already disfurnisht the Towne of prouision both for warre and life , leauing the Portuguesse nothing but their empty allegiance . The Army being now quartered in the suburbes , and the souldiers tyred with their tedious march being newly reposed to rest , the Spanish Garrison sallieth forth vpon them ; the mayne violence and heat whereof , Colonell Bret and his quarter bore , till such time that the English comming in to succour , droue them to a shamefull retreat and chased them euen to their City gates . But in this charge Colonell Bret with Captayne Carsey and Carre both of his regiment , were slaine . Two dayes after this , the Portuguesse not so much as assuring them hope of the pretended reuolt to Don Antonio , the idle promises of the King of Morocco being discouered , fresh forces still crowding into Lisbone , and a disease violently impouerishing the strength of the Army , besides the scarsity of powder and victuals , and the want of the Ordnance which they expected Generall Drake should haue brought them , forcing them thereunto , the English departed the suburbes without eyther pillage or spoyle , although the place were very rich in outlandish merchandize ; for they forbore any violence , thinking that the winning of the hearts of the Portuguesse by so vnexpected a curtesie , would recompence that losse which they sustayned with no small difficulty . Hauing now marched to Cascays , a little Towne situate at the mouth of the Riuer , they began to question Generall Drake for the breach of his word and promise ; imputing the losse of their victory to his sloth and inconstancy , in not following them , as he promised with the whole Nauy : Hee rather refelling the contumely , then excusing the pretended iniury , vrged that it was impossible for him to passe the Channell Alcaceue , which the multiplicity of shallow foords had made vnnauigable . That then if hee should haue come straight on by S. Iulians Fort , which was well fortified with fifty great pieces of Ordance and store of Gallies , with their fore deckes turned , hee should haue exposed the Nauy to vncertaine successe , but certaine danger . Concluding that if the Nauy should be once ouerthrowne , the whole Armie could not be of long subsistance . The Castle of Cascays being summoned , presently yeelded vp , which for the most part was blowne vp with gunpowder , but being not of sufficient value eyther to defray the charges of the Army , or to appease the hungry desire of the souldiers . The Fleet whilest it lay thereabouts at Roade , fetched in about some threescore Hulkes of the Hanse Townes in Germany , laden with corne and all sorts of prouision for the furnishing of a Nauy against the next inuasion of England , who indeed had taken great paynes to bee thus surprized . For although they knew a neerer cut by farre , yet they fetched their circuit about , by the Ilands of Orcades and Hebrides and Ireland , ●or feare of this accident : well enough knowing , that the Queene not long since had by her Letters warned those Cities not to traffique with the Spaniard , eyther for prouision , or any warlike munition vpon danger of losse both of their ships and goods . The English deafe to the intreaty of Don Antonio , who eagerly laboured their continuance a little longer there , putting from thence landed ▪ and set fire on the Towne Vigo . And hauing spoyled and burnt the Country they returned home to England , with a hundred and fifty pieces of Ordnance , and a sufficient prize besides the ample content of the Commanders , able to stop the couetous Mariners from mutinie . But the whole Realme rested well satisfied , in that in so short a time they had vanquished one towne , and valiantly assaulted another , in that they put to flight his Catholique Maiesties forces , the most potent Prince in Europe , landed in fowre seuerall places , marched with banners displayed in the enemies ground seuen dayes together ; attempted one of their greatest cities with no small forces : lodged three nights together in the suburbes thereof , chased the enemy to their owne gates , tooke two castles by the sea side , and vnfurnisht the enemy of great store of warlike prouision . Yet wanted there not some discontented detractors , who by interposing the losse of six thousand souldiers and mariners , which the violence of the disease swept away , sought to discredit the true glory of this noble and heroicke enterprize . But certainely ▪ by it England hath learned not to feare the conceited power of the Spaniard , and is now better flesht against the next occasion of the like seruice . It hath beene much controuerted concerning the originall cause of this disease amongst th● English , whether or no it proceeded from immoderate drinking of wine , and excessiue eating of fruit , from the naturall disproportion of theirs and our ayre , or from all of them . And it is an obseruation as worth our wonder , as our memory , that expeditions from England into Spaine , haue beene for the most part euer infortunate to this Nation , as was that of Iohn of Gaunt Duke of Lancaster , about the yeere of Grace MCCCLXXXVI . wherin of twenty thousand Englishmen , * ten thousand died . And that of the Marquesse Dorset in the yeere 1512. wherin of ten thousand English a disease murthered 1000. in a short space , and that in the hithermost coasts of Spaine . But the obseruation of the learned may giue this wonder a probability of reason . For they argue , that an army comming from the South into the North is thereby the more hardened , according as the Inward heat is either remitted or intended by the outward ayre : and that , that of Vitruvius is very true : They that remooue out of cold countries into h●tter , cannot long continue : But they that come from hot countreyes into colder in the North , doe not impea●h their health by this change of ayre , but confirme it . When that the tract of small time had acquainted those of the Hanse townes with the vnexpected surprizall of their captiue Hulkes , they begin to fashion their discontents into a forme of complaint , seasoned with some weake 〈◊〉 , which they present to the Queene concerning the violations of their ancient Priuiledges and customes . The Queene returnes them this answer : That her former admonition to them , of not transporting come or any other warlike prouision to the Spaniard , had made this surprizall which they complayned of , very lawfull ; and that it could be thought of no otherwise , vnlesse that they would haue her preferre their Priuate commodities before the good publique of her owne common wealth ; That shee ought not to auouch such Priuiledges which are onely Priuate Lawes , against the safety of her Dominions whi●h is a Supreme Law. And that , the same Act , with which they vrge the violating of their customes , doth annihilate their complaints ; for that in the Priuiledge granted to them by King Edward the First , there is this clause interweaued , That they should not transport or conuey any 〈◊〉 or merchandize into the countreyes of manifest and notorious enemies of the Kingdome of England . That therefore in the heat of any warre , their Traffique was wont to be stayed when they furnished eyther enemy . And that not onely the English serued them so , but euen Charles the fift , the King of Sweden , and Denmarke , and Poland , and not long since the Prince of Orange , and all iustly , euen according to the Law of Nations , wishing them heereafter so to vse the benefit of their neutrality , that whilest they a●●isted the one , they iniured not the other party . And lastly , gently admonishing them of their vnseemly threats , especially to a Prince who in respect of Ability , dreaded not the mightiest Monarch breathing , yet in respect of her Honour would imbrace a peace with the meanest ; and most constantly obserue all lawes of Neighbourhood . And of this her constancy the King of Nauarre and France was no small witnesse ; one whereof shee succoured both with money and munition , to the suppressing of a difficult warre ▪ and the other she established in quietnesse euen vpon the very point of despayre of it . Fo● ( to digresse yet a little in the way ) the Duke of Aniou brother to the King , dying without issue , the King at that time being both without children and the very hope of euer hauing any , the kingdome of France was lineally to descend to the King of Nauarre , and afterwards to the Prince of Conde , both zealous professours of the Reformed Religion . Whereupon the Catholike Princes of France not vnknowne either to the Pope or to the Spaniard , complotted a diuellish conspiracy wherin they had onely interested the cause of Religion ; and therefore termed it the Holy League , vtterly to ouerthrowe the King , by heaping the enuie of the whole land vpon him ; and so by peruerting the naturall course of succession , with that , to ruinate also the Reformed Religion . They that impiously combined themselues in this conspiracy , bound themselues by a strong oath , neuer to suffer any one to rule France , that eyther had euer , or was likely to professe any Religion , but the Romane Catholique , that they would neuer allow of one that being brought vp and bred in the Reformed Religion , should afterwards absolutely forsweare it , least hauing once gotten the Kingdome , he should change his Religion with his State. Who could be so besotted in his iudgement , as not to see that this businesse tended onely to excluded Nauarre , and the Prince of Conde ? Yet notwithstanding the mystery of this conspiracy wrought so couertly that it was long ere it could come to ripenesse . For first the Duke of Guise the chiefe Head of this villany hauing valiantly defended Poitiers , against the Protestants , and vanquished the Germane horsemen sent by the Duke of Alenzon , and scattered the mighty leauy of Germanes vnder the conduct of Baron D'onawe , was so infinitely magnified both by the Laity and the Popish Clergie of France , that to the preiudice of the King himselfe , he was euery where stiled the Sole defender of the Catholique Religion ; and the Hammer of the Protestants . Vpon but his very 〈◊〉 into Paris at one time there arose such an vproare amongst the inconstant people , that the King for the safety of his person was compelled to impeach his owne Honour , to retire from Paris , and to call a Councell a● Bloys ; In which Councell his necessities droue him to a forced patience of these inconueniences , to consent to this Holy League by his expresse Proclamation in Iulie , to root out the Reformed Religion , to constitute the Duke of Guise the Great Master of the French Warres , and to seale to him the confirmation of these Articles with the receipt of the Sacrament . The King himselfe now fearing him , whom he himselfe had made thus to be feared ; and so great that no Law could question him or his proceedings , began now to a●gment his feare to a cautelous suspition , lest the Dukes ambitious policy should lay wayt for his life ; and concluding his owne life and safety out of the necessary murther of the Duke , shortly after as he was entring the Arras of his Priuy chamber , caused him to be run through ; and his Brother the Cardinall to be strangled ; committing the Dukes sonne , Cardinall Bourbon , and as many of the Leaguers , as the danger of those times would licence his enquiry for , to the safe custody of close prison . And now began a generall confusion to ouerrun the face of all France ; the disiointed limbes of a compleat Kingdome lept into a variety of rebellion . The peop●e began at their pleasure to disburthen themselues of their duty to Magistrates ; & to rob the Kings ve●y Court at Paris . Some Cities began to affect and est●b●ish Democracy ; others Aristrocracie ; the rest Oligarchy ; few or none a Monarchie . The villany of this conspiracy hauing now growne ripe for such misery , that by striuing to make as it were many Kingdomes , they had almost reduced it to none . At their next assembly the Leaguers cause a new Seale for the administring the affayres of the Realme to be engrauen ; arrogating to their ambitious rebellion all Princely Iurisdiction : they share amongst it themselues the best fortified places , and sometimes whole Prouinces : They stop the Reuenewes of the Crowne ; and recall the Spanish forces out of the Low Countries ; foure whole Parliaments of France seconding them with their vnanimous suffrages , and all the Clergie of the Realme preaching nothing but warre against their owne Souereigne . Insomuch that the King turning to the Protestants , and they turning from their allegiance , caused one Iaques Clement a Monke to murther him . The Leaguers ( although not onely his right of Succession , but a●so the Kings option on his death bed , assured him of the Crowne ) by a Proclamation banisht Nauarre , not more from the Crowne then the Kingdome ; declaring him guilty of Heresie , and of drawing the enemies forces into his owne countrey . But although all of them agreed in this to exclude Nauarre , yet euery mans priuate engagement could not easily come to an agreement whom they should create King. Charles Duke of Maine , Brother to the slaine Duke of Guyse , thought himselfe most worthy of it , because hee had forced the Protestants many times to a great incōuenience ; & most of their Cities to their ancient obedience . Likewise because Cardinall Bourbon being feeble , a Priest , and now in prison , would , if he should be elected , rather exercise the wits of the French to scoffe and scorne him , than their allegiance to reuerence and obey him , yet that by making him King they might not onely acknowledge the Right of the familie of the Bourbons to the Crowne , but also recall the old Right of the Vncle against the Nephew . But the controuersie came not so neare the hope of reconcilement , for others preferred the Cardinall of Lorraine or any of his familie : that so now at length the ancient Right so long abused , by Hugh Capet at first , might be restored to the familie . Vrging that the Spaniard greatly fauoured that House , and that hee would bequeath his daughter to any one that was chosen out thence . Others opposed against him the Duke of Sauoy , sonne of the daughter of the King of France , sonne in law to the King of Spaine , a neighbour Prince , and as truly couragious as noble . The rest nominated Guise , by reason of his Grandfather and Fathers seruice done the Realme and the Catholique Religion . Neither were there wanting some scattered suffrages for the Spaniard himselfe , which flattery would easily haue encreased , had there beene any hope of speeding . But the maior part pretending a very forme of iustice in the height of a rebellion , reflecteth vpon the Cardinall of Bourbon , as being one degree neerer to the deceased King , than his Nephew Nauarre was , and as one that had suffered much in the Catholique cause ; by whose meanes after an easie deliuerance , out of the prison to the Throne , they might , if not with as much speede , yet with more conuenience represse the Reformed Religion , than by crauing forraine helps for assistance in that matter . This conclusion was cunningly broacht by Mendoza the Spaniards Embassadour , who since he perceiued hee could not pleasure his master with his conceited hope of an Immediate election , thought to lay here a foundation of reducing by degrees that Kingdome vnder his Dominion . So that now amongst these Leaguers and Conspiratours Cardinall Bourbon is proclaimed King , and coynes dispersed about in traffique with his inscription of Charles the tenth . The Duke of Maine is declared to be Lieutenant Generall of the Crowne of France , who presently to bring his office into execution , musters all his forces with an intent either to surprise Nauarre ( proclaimed likewise King of France amongst his confederates ) at Deepe where he resided , or driue him by violence out of France . The French King being now reduced to so great streights , hauing pitched his campe neere vnto Deepe with as good successe as speed , presently dispatched Beauore La Noe-cle , and immediatly after Buhie and Bozenuale into England , to proffer to the Queene an offensiue and defensiue league , and to desire some aide from her . The Queene vnwilling to be defectiue to his doubtfull hopes in such a courtesie , out of her true zeale to his Religion and fortune , mixt with a iealous feare of the reuolting of the Germans and Switzers his stipendiaries , who to gaine but the emptie riches of a large promise were likely to endanger their fidelity , presently furnisht him with two and twenty thousand pounds of english Gold , ( A somme which either somewhat to the disparagement of his owne estate , or more to the true token of his gratitude , he ingenuously acknowledged he neuer yet saw paralell'd ) besides munition and some foure thousand men , vnder the conduct of Peregrine Lord Willoughby , who after the departure of the Earle of Leicester out of the low countries , had in succeeding him purchased no small honor . She appointed Sir Thomas Wilford , ( who was also Marshall ) Sir Iohn Burrough , Sir William Drury and Sir Thomas Baskeruile , Colonels : allotting them a moneths pay before hand ; who after their arriuall in France behaued themselues both to the Kingdoms and their owne honour . The brute of their expected arriuall , mingled with the ouerthrow as much against their reason as their hopes , which the French King lately gaue the Leaguers at Arques , so discouraged the pride of their hop●s , that the very day before the arriuall of the English they fled from before the King with bagge and baggage . The King partly encouraged with this victory , the obiect of his wonder as much as ioy , and partly with the welcome arriuall of the English , began to draw his forces towards Paris , where the English and the Switzers attempting that part thereof which lies betweene Saint Marcels gate and the riuer Seine , made such a resolute breach through their rampiers and inclosures , that hauing gotten as farre as Saint Victors , they esteemed the entrance of the mayne Citie , as the last , so the least part of the assault . The French King whether out of feare of the disabilitie of his forces , or of hope that shortly it would yeeld , or perswasion that the Duke of Maine would not bid him battaile , sounds presently a retreate from Paris and remoues to Estampes leauing the Lord Willoughbie and the English on the way , to blocke vp the Leaguers passage , till such time that both the Towne and Castle yeelded . After this they took Vendosme , the same place , which with the whole country Henry the Fift of England , had formerly giuen to Robert Willoughby Gouernour of Normandy , as a sure argument of his loue and the others valour . They reduced likewise to their due obedience Caën , Alanzon , Falais , Loux , and Honfleure . After which time and trauell of aboue fiue hundred miles , besides the wearinesse of their Irish service , they that suruiu'd returned home to England . The chiefe of note that died either by disease or battaile , were one Captayne Hunning and Stubs , who hauing formerly lost his right hand for writing against the mariage of the Queene with the Duke of Aniou , heere lost his life : and Sir William Drury one without doubt who had enioyed a longer life , if reason could haue preuayled with his passion to haue preserued it . For contending with Burroughs a Lords yonger sonne , for the vpper ●and against the order of ranking Nobility in England , he was slaine by him in a single combat . The Queene intended not so speedy a returne of the English , and the French King greeued at it , hauing had intelligence that the Spaniard lay in wayt for the Kingdome of France : for he already through the meanes of Morea Taxie and Bernardine Mendoza , got it propounded in the Councell of the Leaguers , that to recompence his charges which he had beene at for their assistance , they should nominate him the Protectour of the Catholiques in France , and confer vpon him the same Prerogatiues that he enioyes in the Kingdome of Naples and Sicily , of bestowing by his Delegates all Offices whether Ecclesiasticall or Ciuill . The loftinesse of this vndermining request , intermingled with the eager promoting of it by Cardinall Caietan the Popes Nuntio , came yet so short of their expectation of successe , that it occasioned great discontentment in the French themselues , whose riper iudgements prompted them to this caution , by promoting their Religion not to lose their Reason . And as the Queene imploied no small care in establishing Nauarre in the Kingdome of France , so had she a long time sought opportunity to contriue a match betweene his sister Katharine and the King of Scotland ; wisely considering that both of them would stand her in great stead to refell the force of Catholiques and their plots against Protestants : but the euent prooued not answerable , by reason that her age was of the most , and her meanes of the least ; her brother himselfe likewise being much impouerished by these neuer discontinuing warres . The King of Scotland notwithstanding being still vnmarried ceased not very often to sollicite the Queen for her aduice in the choice of a wife ; who being more slow in answering him , then the desire of the Scots , although not then reason , required , gaue occasion to the Scots not only to suspect , but euen to vent this suspitiō in open clamors , that the English by their cunning trickes sought to depriue the King both of Honour and Issue , thereby conceyting an impunity for the death of his mother , and to exclude the Scottish race from succession in England . This when the Queene vnderstood , shee exhorted the King to choose himselfe a wife , and such a one , that might well please him , not displease the people , nor occasion the long amity betweene them to fall into suspition . The King of Scots therefore hauing somewhat about a yeere before , setled his affection on Anne the daughter of Fredericke the Second , King of Denmarke ( who was also honoured with the Queenes ample commendations : ) this yeere about Iuly contracted himselfe to her by his Proxie the Earle Marshall : But shee being shipped for Scotland in the middest of her voyage was driuen backe by a tempest into Norway , which so bruised her ships , that shee could not in long time put to sea againe . The King , to the prayse of his Religion , as well as his loue , about October next passeth to Norway , ( for the Sates of the Kingdome appointed , and he himselfe sealed their resolution with a vowe , to marry within the compasse of a yeare ) and there celebrated the marriage , where both of them were compelled to stay till next May , before their ships , necessity and a seasonable opportunitie , would licence their departure . It was first the opinion of many , but afterwards their faith , that these tempests at sea , were raysed by the execrable power of sorcerers and witches ; by reason of the violence of the waues and windes that were more turbulent and the stormes shorter , and yet oftner than ordinarie ; whereupon they concluded some operati●e power besides nature ; partly by reason that euill spirits Princes of the Ayre , may with better safety trade with the poore ignorant people in the Northerne clymate , from whom partly their pouerty and want of other mens industry , hath concealed the light of the Gospel ; but especially by reason of the open confessions of some Witches , that were vpon some occasion apprehended , who confessed that they raysed those stormes on purpose to keep● the Queene from Scotland : and that likewise Bothwel had beene with them to know the Kings fortune . This being denounced Treason amongst the Scots by a Law of Queene Marry , co●t Bothwel a strict imprisonment ; yet it seemes not so strict , but that shortly he brake out , from that into worse troubles , wherewith all Scotland was annoyed . There died this yeere Frances the Countesse of Sussex , widow of the Thomas Earle of Sussex , and sister to Henry Sidney , who hauing giuen many precepts of vertue in her life , at her death taught it by example ; in erecting Sidney Sussex Colledge in Cambridge . And Sir Walter Mildmay , a man as full of variety of vertues , as euer he was of offices ; yet was hee chosen by Henry the Eigth , to bee ouersee● of the Court of Augmentation , Knighted by King Edward the Sixt , made a Priuy Counsellour by Queene Elizabeth , Chancellour of the Exchequer , and Subtreasurer . He founded Emanuel Colledge at Cambridge in the yeere 1584. endowing it with meanes and reuenewes to mayntayne threescore and two Students , and a President . Him succeeded Sir Iohn Fortescue , an excellent man , and a good Grecian , who was long time Tutor to the Queene , and Master of her Wardrobe . Likewise there died William Somerset Earle of Worcester , the Sonne of Henry , and Nephew of Charles , whom his onely Sonne Edward succeeded , a man so prosperous in his issue , that he might reckon more sonnes and daughters , then most Noble men in England . There died also Iohn Lord Sturton , the sonne of Charles , ( whom Queene Mary made an example of her iustice for murther ) begotten of the body of Anne Stanley , the daughter of Edward Earle of Darby , whom Edward his Brother succeeded . Also Henry Lord Compton leauing his heyre his sonne William , begot of Francis Hastings the daughter of Francis Earle of Huntingdon ; and at Bruxeils there died , Thomas Lord Paget , who fearing some suspition should arise out of his inward well wishing to Mary Queene of Scots , couertly dispatched himselfe out of the Land ; leauing his onely ●sonne begotten of Nazareth Newton , and named William , his Heyre . And euen now , Learning it selfe had occasion of griefe , for the death of Lawrence Humfrey , Doctour of Diuinitie in Oxford ; who being banished in the dayes of persecution vnder Queene Mary , translated out of the Greeke , a Tract of Origens , concerning a Right Fayth ; and Philo concerning Nobility ; hauing also himselfe written three Bookes of Nobility , which hee stiled by the name of Optimates . After his returne home he was made President of Magdale●e Colledge in Oxford , where he was first brought vp . Hee was likewise the Reg●ous Professor of Diuinity , where , by his publike Lectures and vsuall Sermons for many yeeres together he got great credit to the Church , although but small profit to himselfe . For he was neuer preferred to any higher place amongst the Clergie then to the Deanery of Winchester ; the chiefest reason that was to be guessed at , being , that in matters of Ceremony or Indifferency , he altogether consented not with the Church of England . THE THREE and thirtieth Yeere OF HER REIGNE . Anno Domini 1590. THE Queene who neuer layd aside the thought of warre , because her desire was still peace , at the beginning of the Spring fearing some as●ault from the Spaniard , mustereth vp her souldiers heere in England , and likewise in the South parts of Ireland . In Ireland she fortifies Duncannon , lying at the mouth of the Riuer Suire , and in Wales repayres the ruines of Milford Hauen , with new workes . For the mayntenance of her Nauy safe and sound , shee alotteth yeerely , eight thousand fiue hundred and seuenty pounds sterling of English money . And although about three yeeres agoe shee had lent the King of Nauarre , an hundred and one thousand , fiue hundred and sixty French crownes to leauy an Army in Germany vnder the Baron d'Onaw , by Horatio Pallauicine ; and but the last yeere , seuenty one thousand , one hundred sixty fiue more , vpon Beauoire , Buhie , and Buzenuales bonds , and had spent twenty thousand more in sending ouer her forces to him vnder the Lord Willoughby ; yet notwithstanding first this yeere she lendeth vpon the Vicount Turenes bond , thirty three thousand , three hundred thirty and three more , to muster an army in Germany vnder the conduct of the Prince of Anhault , and after that as much more vpon Beauoires bond , and Incaruilles . Besides all these charges euery two moneths did she pay to the Garrisons in Flushing and Brill , an hundred and fiue and twenty thousand Florins , and two hundred and threescore more to three thousand horse and foot , that seru'd in the Low Countries . Shee set out many braue ships , shee was at infinite charges to preuent all clandestine machinations of the Pope or Spaniard in Scotland ; and yet for all this , at this time shee repayed to her subiects monies which shee lately had borrowed , in so much that many men iustly wondred , whence this abilitie should spring , she being not in any mans debt , ( a vertue which few Princes can boast of ) and yet of a sufficient competency to maintaine her kingdome against the enemie , without admitting any auxiliary forces , which none of the greatest of her neighbour Kings could at that time doe . Certaine it is , she was a most prouident Princesse , seldome entertaining any charge which was not either for the maintenance of her Honour at home , or the Succour of her friends abroad . Besides , the Lord Treasurer Burghley , bore a prouident eye ouer those that had charge of Subsidies , or imposts ; for many times by the couetousnesse of such subordinate ministers , monies receiued for the Queenes vse , were imployed to their priuate p●ofits , and others that should haue beene receiued , were omitted by a wilfull ouersight , and hir'd negligence . About this time the commodity of the Custome house amounted to an vnexpected value , For the Queene being made acquainted by the meanes of a subtile fellow , named Caermardine , with the mistery of their gaines , so enhansed the rate , that Sir Thomas Smith , Master of the Custome house , who heretofore farmed it of the Queene for fourteene thousand pounds yeerely , was now mounted to two and forty thousand pounds , and afterwards to fifty thousand pounds yeerely , which notwithstanding was valued but as an ordinary summe for such oppressing gaine . The Lord Treasurer indeed , the Earle of Leicester & Wal●ingham , much opposed themselues against this Caermardine , denying him entrance into the Priuy Chamber , in so much that expostulating with the Queene , they traduced her hearkening to such a fellowes information , to the disparagement of the iudgement of her Councell , and the discredite of their care . But the Queene answered them , that all Princes ought to bee ( if not as fauourable , yet as iust ) to the lowest , as to the highest , desiring that they , who falsely accuse her Priuy Councell of sloath or indiscretion , should be seuerely punished , but that they who iustly accused them should be heard ; That she was Queene , as well to the poorest as to the proudest , and that therefore she would neuer be deafe to their iust complaints . Likewise , that shee would not suffer , that these Toole-takers like horse-lee●hes , should glut themselues with the riches of the Realme , and starue her Exchequer , which as shee will not endure so to bee dieted , so hateth shee to enrich it with the pouerty of the people . Without doubt shee was a great enemy to all extortions , and vnreasonable taxes , hating to oppresse her poore subiects as many of her Predecessors had done , sweetning their owne extortions with the name of the Peoples contribution , the Commons liberalitie , or their free beneuolence , or the like . She would not suffer Tolling by the head of liuing creatures , once to be proposed as lawfull , although it had beene formerly proposed in the daies of Edward the sixt . And hence was it that the people paid their subsidies with such alacritie ; and though that now her necessity had occasioned a greater tax than ordinary , yet it seemed onely a voluntary payment . Wherefore the Queene , by a mercifull Statute , to reward her people for their forwardnesse , would haue exempted those of the meaner sort , and multiplied their payments vpon the richer , as was once done in the time of King Richard the second ; but the euent of this courtesie would haue beene more iniurious to her selfe , than beneficiall to the people ; it being plainly demonstrated by casting vp the accounts , that the subsidies would fall far short of their expected value , if those of indifferent estates , which we call Pound-men , should be fauoured with any exception . About this time certaine Inhabitants of the towne of Groyning , one of the richest in all Friezland , which neither could beare the seruile yoake of the Spaniard , nor would admit of a subiection to the States , made a motion vnto the Queene , to receiue them into her protection ; which shee eagerly refused , being vnwilling any way to benefit her selfe by the States discontentment . At which time likewise shee was much offended with the Zelanders , for ●husing the King of France their Patron , and not acquainting the States of Holland with their purpose . And publikely reprooued many of those Prouinces , who vnder pretence of obedience and affection vnto her , had occasioned many discontents and dissentions at home . She was indeed , somewhat larger in this reproofe , then her ordinary displeasure would allow her , because she was giuen to vnderstand , that Richardot had been very importunate , that pardon & libertie of Religion should be granted to all Low-Countreymen , who had fled out of their Prouinces , if they would returne home againe : which if he brought to passe , she soone foresaw would be disaduantagious to the States , by reason that such kinde of men formerly inhabited the emptiest Cities of Holland , and would contribute much to the maintenance of war. About which time also at the mediation of the Duke of Tuscany , shee commanded some ships that had beene taken by the English , to be restored to the Venetians and Florentines , straitly commanding , that none should offer violence to the Italian , Venetian , French , Dane , Low-Countrey-men , or those of the Hanse Townes . But the Spaniard , as hee escaped the contents of this command , so escaped hee not many onsets and affronts of the English ; some in the Atlantique Ocean , and some at and about the Ilands of Azores , where his Nauies from either Indies must necessarily come for refection , and others by the Earle of Cumberland , who surprised some of his ships , demolished to the ground his Fort of Fayoll , and brought from thence fifty eight great peeces of Ordnance ; and others by some more of the English , who scouring the Gaditan Sea , much endangered the ordinary safety of his vsuall Traffiques . The glory of the Queene , although it were farre spread , and almost fearfull , by reason of her prosperous successe in war , yet was it more admirable and much better'd in report , by a peace which shee obtained betweene the Great Turke and the Polonians , euen at the brinke of a terrible battell ; and the Vayvode of Moldauia , whom the Great Turke sorely perplexed also ; which courtesie of hers , the Polonian , and his Chancellour , by their letters , gratefully since acknowledged . And now to confirme that inuiolable bond of amity , betweene her and the King of Scots , shee sent Edward Somerset , Earle of Worcester to him , to congratulate to him his happy mariage , and his as happy returne home ; with some admonitions also , that as her loue had lately beene manifested in honouring both him and the King of France with the order of S. George , so his care should bee as circumspect to choake all popish practises , euen in their birth . The King most gently entertained both the loue and care of the Queene , and to publish his desire of a continuation of amity with England , and an vniuersall peace withall , he sent Colonel Steward into Germany , to treat with the King of Denmarke , and the Embassadors of the other Princes , about the renewing of a League betweene England , Spaine , and France . France all this while was in a sore combustion , which as the malice of the Leaguers first kindled , so now their power as strongly fomented . The Queene , scanning all possibilities of quenching the same , entred into many consultations and councells , whether shee should ioyne her old English Souldiers , that serued in the Low Countries , with the forces that were a comming into France out of Germany , or whether shee should leauy forces , and send them ouer into the Low Countries , to detaine still the Duke of Parma from entring into France . But most of all shee controuerted this question , how shee might keepe the Spaniard from the Sea coasts of France , especially ●ince shee vnderstood , that the Spaniard had seconded his violence by corrupt bribery , to reduce New-hauen vnto his owne power , and had also resolued to send a Nauy into low Britaine , or Britania Armorica . But before the varieties of consultations could be easily ripened to any resolution , the D. of Parma entreth France ▪ For the Spaniard , after his easie perswa●ion to it by the Leaguers , ( who thirsted sore after some reuenge , for their shamefull discomfiture at the Battle of Yurie ) straightly commanded the Duke this iourney by vertue of his Protectorship of the Catholikes , and the comely glosse of charity to his neighbours . The Duke hauing speedily runne quite thorow Picardy , succoureth the fainting rebellion at Paris with variety of prouision , and hauing ransack't Corbu●ile and Laygnay , to store Paris with a larger plenty of prouision , hee retyreth with his army , which spake better of his skill in intrenching in , and delaying of battell , after the manner of the Romanes , then of his warlike discipline , which could not restraine the couetousnesse of his Souldiers , from open and shamefull sacriledge . On the otherside , certaine Regiments of Spaniards , vnder the conduct of Don Iuan d'Aquila hauing ariued at lower Britaine , about the Autumnall Aequinox , at Blawet , assault and surprize Henebon , a fortified towne , by the Sea side , by the meanes of Philip Emanuel Duke of Merceur , one of the house of Lorraine , who at that time , when the Leaguers began to distribute and quarter France into their seueral portions , sent for this troupe of Spaniards , to seat him for his part in the Duchie of Britaine , or in some part of it at least . This thought he easie to accomplish by the helpe of the Spaniard , and the right of his wife , who was the onely daughter of Sebastian Martigne , whose mother Caroletta was Duchesse of Britaine , and Heire to I. Brosse , Duke of Estampes . This occasion the Spaniard , without great importunity , quick●y embraced , being himselfe conceited also , that Britaine by right , belong'd to his Daughter , being it was a Feminine fee , and by reason that shee descended from Elizabeth of Valois , the eldest daughter of Henry the second of France , who by reason of the death of all her Vncles without Issue , had right alsoo● succession to the whole Crowne of France , did not the Salique Law cut that off . And although hee , could not be ignorant , that in the reigne of Francis the first , the Duchy of Britaine was incorporated to the Crowne of France , yet would he not subscribe to the resolution of all the Lawyers in France , concluding , that Whatsoeuer is once annexed or incorporated to the Crowne of France , can neuer be dismembred or seuered from it . Presently after the ariuall of these Spaniards , Henry Bourbon , sonne to the Duke Montpensier , and Prince D● Beare , whom with La-Noue , the King made Gouernour of Britaine , requesteth ayde from England : but it seemed good , neithe● to the Queene , nor her Councell to second this request with a grant , because he was but a subiect ; the King being busied elsewhere in difficult affaires , and no more acquainted with this message , than the occasion of it . The Queene notwithstanding could not wel endure , that the Spaniard should be possessed of so rich and conuenient a place , to inuade England , Holland , or Zeland from ; In so much , that the continuall meditation of this matter , wrought these words out of her , that This businesse concern'd her more than that of Edward the third , who at excessive charges maintained the cause of Iohn of Montfort , to keepe the French from possessing themselues of Britaine . There were indeed some about the Court ( to the commendation of their warinesse more than wisdome ) that prompted the Queene to a par●imony ; aduising her not to be at so great charges for others good , but rather to regard her owne ; wishing her not to put any confidence in French-men , as being tra●terous euen to their owne Kings ; thence taking an occasion to returne to her memory their cruelty , in butchering one of their Kings that was a professed Catholike , and their villany in thus persecuting another that is a Protestant ; They vrged to her likewise , the vniust claime the French laid to Metz , Toul , and Verdune , formerly annexed to the Empire of Germany , which notwithstanding ( the memory of later ages witnessing as much ) they by violence haue disioynted from it ; That they doe as constantly hate the English , euen now when they are friends , as others doe when they are enemies ; that they doe so duely breake promise in repaying of monies to the English , that they vse to Nick-name other Creditors , whom they likewise disappoint , with this by-word , Les Anglois , These are Englishmen . Lastly , that by their homebred seditions , they haue so rent a flourishing estate into factions , that the whole Realme might rather excite her neighbours pity , than occasion their feare ; it being now like a grosse body , burthened with its owne weight , and so disordered by the mutable obedience of the people , that if it should chance to faile of an enemy abroad , it would soone find one at home . The Queene ( as desirous of the commendations of the French , from the mouth of an English man , as careful of their safety from the hands of an enemy ) entertained this discourse , both with disdaine and laughter ; and when not onely the English , but euen some French themselues , counsel'd her to put in for her share , and ceaze vpon Picardie , or Normandie , as the Spaniard and the Leaguers had already cantonized all France , putting her in minde of the saying of Charles of Burgundy , that It was best for all neighbour nations , when France had twenty Kings : She heard them with a much forced patience , and disdainfully putting them by , said , That whensoeuer France it's last day should be at hand , the euening thereof would bring in Englands ruine and destruction . Whilst these businesses were on foot , Ambrose Dudley ; Earle of W●rwicke , sonne of Iohn , Duke of Northumberland , and Knight of the Order of S. George , departed this life , as full of vertue , as empty of Issue . And not long after , Sir Francis Walsingham also , the Queenes Secretary , and Chancellour of the Duchie of Lancaster , and of the Order of the Garter . He was a man as commendable for industrie , as imitable for his wisdome and piety ; one that had beene employed in many honourable Embassies ; a strict professour of the reformed Religion ; a curious searcher out of secrets ; one that could diue into mens dispositions , and worke them to his owne ends at pleasure . His Art that way , as it was past imitation , so was it beyond the Queenes owne expectation ; in so much that the Papists euery where traduced him as a subtle enginere , to screw simple Prose●ytes within the danger of the law . This intelligence which hee continually had of all plots and deuises that were hatched within the Realme , cost him such excessiue charges , that hauing spent not onely his estate , but euen his credit , which was much impeached by his abundant debts , he was in the night time buried at Pauls , without any Funerall solemnity . Hee left but one daughter , who first marrying Sir Philip Sidney , bore him a daughter , married to Roger Earle of Rutland , and then marrying her second husband , the Earle of Essex , bore him one sonne , and some daughters : and afterwards being married to the Earle of Clan-Richard , an Irish Lord , bore to him also Children of both sexes . Not long aboue a moneth or two , Sir Thomas Randolph ouer-liued him , yet not so neere to him in his death , as hee was in acquaintance and loue in his life . This was he whose brother Edward , a braue souldier , died victoriously in Ireland , in the yeare 156● . In the time of his youth hee liued a Ciuill Lawyer in Christ-Chuch in Oxford , and afterwards became the Principall of Broad-gates Hall , since named Pembroke Colledge . Hee had beene imployed in many seuerall Embassies , thrice to the Peeres in Scotland , thrice to Queene Mary of Scotland , after her returne from France . Seuen times to Iames the sixt of Scotland , thrice to Iohn Basilides Emperour of Russia , once to Charles the ninth of France , and againe to Henry the third . The Queene rewarded this his seruice with the Chamberlaines Office in the Exchequer , heretofore a place of great honour and worth , the Mastership of the Post-horses , and some small land . Neither could ambition , or the charge of many chi●dren occasion any appetite in him of greater wealth ; to the true patterne of a contented minde for all high and worldly men , whereof there are very few , but haue lesse occasion and greater desire . And let mee not forget that which may benifit posterity with the memory of it , a letter which hee sent to Sir Francis Walsingham , a little before his death , wherein hee declared , how fitting it was , and how necessary , that the one should leaue of the trickes of a Secretary , and the other of an Embassadour , and imploy the time before their death in repentance for the sinnes of their life . Shortly after him died Sir Iames Croft , who in the dayes of Edward the sixt valiantly defended Hadington in Scotland , against the French. He was for a while Lord Deputy of Ireland , hauing beene condemned for treason in the hot dayes of Queene Mary , was as gratiously pardoned by Queene Elizabeth , and made Gouernour of Barwicke and the Easterne borders . He likewise was Comptroller of her Maiesties houshold , and a Delegate at the Treaty of Bourbourge . After all which hauing had the vertue to excite the very enuie of the Court against him , and yet hee , happy fortune to ouercome it , liued and died in the loue and fauour both of Prince and people . With the yeere also ended George Talbot his life●being Earle of Shropshire , the sonne of Francis , and the seuenth Earle of that House , who in the Reigne of Queene Mary , hauing to the number of three thousand vnder him , committed to him by his Father the Generall of the Army in the Scottish warres , rescued the Earle of Northumberland at Lo-wick out of most eminent danger . Hee was also Captayne of a troupe of fiue hundred horse . He was one of the appointed Guard for the Queene of Scots . Afterwards at the decease of the Duke of Norfolke , he was substituted Earle Marshall of England . For the space of fifteene yeeres he continued in such trusty loyalty , that neyther the calumny of the Court , the plots of his enemies , nor the troubles hee sustayned by his second wife , could vndermine or shake it to the glory of his wisedome as well as valour . Hee had by Gertrude the daughter of Thomas , Earle of Rutland his first wife , Francis that died vntimely ; Gilbert , that was his heire , married to Mary Cauendish the daughter of his mother in Law ; Edward , married to the daughter and ioint heyre of the Lord Ogle , with Henry and Thomas ; Hee had daughters Catharine married to Henry the sonne of the Earle of Pembroke that died issuelesse , Mary married to Sir George Sauil , and Grace to Sir Henry Cauendish . By his later wife Elizabeth the widow of William Cauend●sh hee had no issue . And to make vp the Catalogue of this yeeres mortality , Thomas Lord Wentworth also departed this life , being the last English Gouernour of Callice , whose second sonne Henry ( for the eldest died when the Father liued ) succeeded . In Ireland the last yeere Hugh Gaueloc ( so nicke-named by reason of his long continuance in fetters ) the naturall son of Shane-Oneale had accused Hugh Earle of Tyre-Oën , for hauing had priuy conferences with some Sp aniards that in 88 were cast vpon the Irish shoares ; which accusation the Earle coueting to frustrate by some speedy preuention , gaue order that he should be surprized by some tricke or other and strangled : and when the reuerence of him and his familie had strucke such a conscience into the exe●utioner that was prescribed for this villany , that hee refused to doe his office , the Earle himselfe was reported to haue fitted the cord , and strangled him h●mselfe . Heereupon being cited into England , he craued the Queenes pardon for his fault , and obtayned it at her Maiesties Manour of Greenwich ; where he protested a peace with all his neighbours , but especially with Turlogh Lenigh , and gaue hostages for the assurance of the performance : also , of not assuming vpon himselfe the title of O-Neale , or the exercise of any Iurisdiction ouer the Nobility that were h●s neighbours ; of reducing all Tyr-Oen into the compleat forme of a County ; of imposing no taxations ( which they call Bonaghti ) vpon his poore Countrey men that were vnder him : Of not blocking vp the passage for prouision for the English Garrison at Blacke water , or the riuer More ; of not admitting Monkes , Friers , or Nunnes , or other rebels to reside within his territories or dominions ; and of performing many more such like Articles ; yet on this condition also , that Turlogh Le●igh , and the rest of the Nobility neere him might bee bound to a peace also with him , lest that his necessity of quietnesse should excite their after iniuries . After his returne into Ireland he made a confirmation of his former protestation before Sir William Fitz-Williams Deputy of Ireland , and other Councellours of Estate : and indeed for some time , there was such an vnexpected reformation in his outward cariage , that might promise an vnquestioned loyalty of an obedient subiect ; which he so coloured with the smooth pretence of vertue , that his now exemplary duty seemed vnto many , from conscience , more then the feare of disobedience . Not long before , the Lord Deputy hauing apprehended at home Hugh Roe-Mac-Mahon , a great Noble man , in the County of Monaghan , whom his owne iudgement before had preferred before some others of the Nobility , that contended with him for principality caused a company of common souldiers to passe Iudgement vpon him ( as the Irish complayne ) condemned , and hanged him for hauing displaied his banners after the rude custome of the Irish , and demanded his tributes from , them . His lands were diuided amongst the English , and some of the Mac-Mahons ; certaine reuenewes onely being alotted them which they were to hold of the English. The policy of this iustice was to weaken as much as might bee a House greater then the rest , and ●tronger in the multitude of dependants , and also vtterly to extinguish both the tyranny and the name of Mac Mahon ; A title , that whosoeuer could purchase eyther by might or right , seemed to priuiledge them to any iniurious tyranny . The terrour of this seuere Iustice so amazed the guilty conscience of Brian Ororcke , a noble man in Brennie that lies next to Monaghan , that striuing to preuent such torture in himselfe , he prouoked it ; and for feare of being apprehended , turned traytor , and tooke vp armes against the Queene . But being vanquished by Sir Richard Bingham President of Conaugh , he fled ouer into Scotland , and was deliuered at her demand to the hands of the Queene . The King of Scotland willingly sending her both him and this answer : That hee esteemed euery one of her enemies his owne : which indeed appeared , for hee not onely sleighted his Popish Peeres in Scotland , and the Earle of Westmorland with some other factious English , who would haue incensed him against the Queene ; but also caused Iames and Donald Mac-Conell to giue in caution not to nourish any sedition in Ireland , either out of the Hebrides or Scotland . THE FOVRE and thirtieth Yeere OF HER REIGNE . Anno Domini 1591. IN all this variety of troubles , there was not any more busied the whole thoughts of the Queene , then the affayres in Bretaigne , and the desire of succouring the distressed King of France . Wherefore in the beginning of this yeere , sending ouer to him Sir Edmund Yorke , who louingly reproued him for his last three months silence ; she admonished him to enter into consideration , how much it stood him vpon to secure the Dutchie of Bretaigne , and to contriue some possible meanes to preuent the second comming of the Duke of Parma ; promising him sufficient assistance , to driue out that enemy that had alreadie possessed his Countrey , vpon condition that the King would but paralell her forces . The French King , hauing much extolled the care and loue of the Queene , gaue her amp●e thankes , and larger promises , requesting her for some three thousand men for his war in Britaine , and some Regiments to be forthwith transported ouer into Picardy ; nominating Cherburge , Glanuile , or Brest , and ● lawe● too ( I know not whether to make a ieast , rather than an answer ) for Ports for retyring for them . Hereupon hee gaue full authority to Beav●ire No-cle , his ordinarie Embassadour in England , to couenant for him with the Lord Burghley Treasurer ; Charles Howard Lord Admirall , and the Lord Husdon Chamberlaine , Delegates for the Queene , whom he brought to these Articles . First , that three thousand should be sent ouer into Picardy and Britaine , re●dy furnished . Secondly , that the King ●hould repay the charges of their transportation , their payes , and the prices of their furniture , and all necessaries at London , within a whole yeare , or sooner , if so bee the enemy should bee remoued sooner out of the Kingdome . The Queene indeed was the more willing to condiscend to these couenants , by reason shee had heard that the Spaniard had admission into Paris , the greatest city in France ; and that the Parisians vouchsafed their lawfull King , no other title but the King of Bearne , acknowledging the Spaniard as their Lord and King ; who hereupon conceiued no small hope of reducing France vnder his gouernment , which conceit he not at all dissembled before Ianine the Leaguers Embassadour then in Spaine . Likewise , because she vnderstood , that Pope Gregory the thirteenth of that name , had leuied many forces in Italy and Switzerland , vnder the Duke Mon●martin , against the King of France , whom hee had already by his Bull excommunicated ; which Bull , notwithstanding the Parliament at Paris , and the other at Tours , condemned , and causing it to be hung vpon a Gibbet by the Hangman , set fire to it . Hereupon came forth a strict Proclamation in England , that no man , vpon paine of treason , into any parts or places , belonging either to the Spaniard or Leaguers , should transport corne , munition , or any kind of traffique . And the same also was before set forth by the King of Scots . About which time Sir Henry Palmer , being sent forth , with some few men of warre , surprized thirteene of ●heir Ships , at their returne from Noua Francia . And Sir Roger Williams , with some six hundred souldiers , passed ouer to Diepe , where the enemy lay roauing about , hauing expresse Commission to recide in those quarters : and Sir Iohn Norris , presently after , shipt ouer with the rest of the Souldiers into Britaine , vnder whom were Sir Henry his brother , and Sir Anthony Sherley , worthy Commanders . These hauing ioyned forces with the Kings , and in vaine hauing assaulted Lamballe ( where that famous Warriour Fr. La-Noue died of a wound ) tooke Castili●n : the vttermost of their glory in it being stretcht , to a keeping vnder of the Spaniard and Leaguers , not a remouing of them . Sir Roger Williams with his forces , and Chattre , the Gouernour of Diepe , hauing broken thorow the inclosures , barricadoed with wine vessels at Cinquensanoe , scattered all the Leaguers that infested the passage by ●remble-Court and Lounde , and vanquished them ; being rewarded for his valour by a commendatory letter ' from the King to the Queene . This remembrance of his commendations wrought him into such a forgetfulnesse of his Commission , that he left Diepe , accompanied the King to the suburbs of Paris , and sent a Challenge to the Spaniards , to hazard with him , two hundred Pikes , and a hundred Musketiers against so many English ; which being not performed , he returned againe to Diepe , but scarce had he bin come to it , but the King sending speedily for him , he posts with his Army presently to Noyon , hauing no such warrant in his Commission , where being too prodigall of others blood , hee exposed many English to great danger in the assault ; the Queene not knowing of it , and th●refore being the more angry . At that time , the French King sent Anthony Reaux , to certifie the Queene , that hee had resolued to bring Roan , and New-Hauen vnder his subiection , before the Duke of Parma should set foot into France too farre ; and to that effect hee craued of her foure thousand English , to be sent ouer into Normandy , intreating her to giue them pay for two months , promising , that if they continued a longer time , hee would pay them ; and presently vpon their ariuall , come and ioyne his forces with them : But that in the meane time , he would continue still at Picardy , least otherwise those of Roan should haue some inkling of his resolution . The Queene , who desired nothing more than the remouall of the Enemy from the Sea coasts , willingly condiscended ; so that the couenants were agreed vpon in the same fashion as before ; onely with this clause , that they should bee confirmed and authorized by Act of Parliament , within few daies after . The number being compleat , arriued at Diepe , vnder the command of Robert Earle of Essex , a worthy young man , and in great fauour with the Queene . Many Noblemen of note accompanied him , amongst whom Thomas Leighton , and Henry Killegrew were appointed to be of his counsell . The Earle at his ariuall here in France , vnderstood that the King was at Noyon ; hee saw not so much as any preparation for warre , neither could any man instruct him what to doe with his forces ; insomuch that he greatly wondred at the King , that hee should so sleightly esteeme of his promise . After some small continuance there , Sir Roger Williams posteth vnto him , intreating him in the name of the King , to make all possible speed to Noyon , there to conferre about the manner of the war : thither when the Earle came , the King declared vnto him , that of necessity hee must dispatch into Champagne , to ioyne forces with the Germanes , promising to send to him Marshall Byron , and the Duke Montpe●sier , to besiege Roan . Hereupon the Earle returned to his owne forces , who had now encamped at Arques ; where , to win the hearts of warlike men , hee knighted many , thinking to adde courage by this addition of Honour , but not without the enuy and anger of many that enioyed that title at home , who tooke it ill to see him lauishly prostitute that title of so great credit with the English , which the Queene was so thri●ty in bestowing , euen vpon deseruing men . Byron and Montpensier , after so long expectation , as yet appeare not , the one being gone into Champagne , to the mariage of the Vicount Turene , with the daughter of the Duke of Balloigne ; and the other hauing turned out of his way , to the vnnecessary besieging of Pierre-pont Castle . The Queene , hauing beene very vrgent by her Leagier Sir Henry Vmpton with the King for the siege of Roan , ca●sed him to send Reaux ouer into England , to certifie her the reasons , why hee prolonged the siege . Shee was likewise very earnest with him for the ratifying of his late Couenants by Act of Parliament , but being a long time delayed , was at last forced to a content with his bare Confirmation of them . All this while lay the Earle of Essex idle , although not without discontent of minde ; who afterwards , to satisfie his thirsty minde with some difficult exploit , approached Roan , where hee lost Sir Walter his brother , who was shot through with a bullet ; the Queene indeed checkt him both for his voyage to the King , without her knowledge , and for his incon●iderate approaching Ro●● , but hee quickly made his peace with her by a smooth Letter ▪ and in the meane time behau'd himselfe brauely in the assault , and taking of Go●rnay with the Marshall Byr●n . About which time also , the French King sent ouer Beauoir with Letters to the Queene , to desire her to let the Earle of Essex passe into Champaigne with his forces , as if he had not so much as thought of the besieging of Roan ; which the Queene tooke so ill at his hands , that she began to expostulate with him concerning it ; obiecting also , that now tw● moneths were expired since the couenant was made , and 〈◊〉 her Souldiers had not their pay ; that both she and they were deluded by him , being first hurried this way , and then that way , but euery way exposed to all possible danger ; vpbraiding him likewise with the not performance of his promise , to the discredit of his gratitude , and that hee had now made her loose all her former charges . Wherefore , that now she had resolued to recall her Souldiers out of Normandy , vnlesse hee made some better account of his promise , and tooke better order for the Souldiers pay from hence forward . But the King , by the insinuating language of his Letters , soone appeased this distast she conceiued against him , excusing all things with the necessity hee was in , and his tumultuous throng of businesse . But in the beginning of Nouember , hearing that the Duke of Parma was in a readinesse , hee began slowly to buckle himselfe to the siege of Roan ; and sent the Earle of Essex ouer into England to muster vp more forces for him . The Earle quickly being returned , on Christmas Eue , they set vpon the Fort of Saint Catharine , in foure places at once ; in three wherof the English valour was throughly tried , who were alone exposed to the fortune of slaughter . And at the same time hee sent ouer the Lord Mournay d● Plessis , to require of the Queene a new supply , to hinder the comming of the Duke of Parma ; neither did the Queene deny it , but first toucht him bitterly about his carelesnesse , in delaying the siege of Roan , and preuenting betimes the D●ke of Parma's comming . Shee desired him , a little 〈◊〉 fauourably to deale with the English , and not stil to put them alone vpon all his most dangerous exploits . But I leaue this to the French Historians , who indeed hitherto haue either beene ignorant of it , or dissembled their knowledge . And as willingly would I leaue to the paines of our Ecclesiasticall Writers , the mad frenzie , or rather impious blasphemy of William Hacket , which about this time first began to peepe forth ; about which I would more willingly employ my memory to forget that which euen affrights me with repetition ; but lest by concealing his wickednesse , I might seeme either to fauour the cause , or to disparage the truth of it , take here briefly , the summe of his large blasphemy . This same Hacket was an ordinary Yeoman of Oundell , in the County of Northampton , an illiterate , insolent , and cruell natur'd fellow , so prone to reuenge for the smallest iniury , that when an ingenuous Schoole-master desired to be reconciled and made friends with him , as hee embraced him close , he bit off his nose , and being greatly intreated by the poore man to restore it againe , that hee might haue it sowed on whilst the wound was greene , hee like a Dog , deuoured it . He was so great an alien to all piety and deuotion , that whatsoeuer by chance hee had heard at Sermons , hee would sit scoffing and gybing at ouer his pots : afterwards , hauing spent that estate which he had with his wife , in riotousnesse , on a sudden hee became a very vpright man , and one of a most holy conuersation ; hee was much giuen to hearing Sermons , and reading the Scriptures , insomuch , that in a short time , he began to belye himselfe with Reuelations from heauen , saying , that hee was extraordinarily called by God : by which meanes hee insinuated himselfe into the acquaintance of many Diuines , who out of a fiery pure zeale , tooke sore paines to bring the discipline of the Presbytery from Geneva into England . Amongst them was one Wiginton , a Minister , and a brainsicke fellow , one that had already learn'd to contemne the iurisdiction of the Magistrate : by this mans means he was brought acq●ainted with Edmund Copinger , a Gentleman of a good house , who had perswaded himselfe and one Arthington , a great admirer of his gifts , that hee was also e●traordinarily called by God , to the good of the Church and Common-weale , and that hee had order given him immediately from heauen , to bring the Queene and her Councell to a better minde , to wit , to imbrace the discipline of Geneua . He confirmed himselfe and the rest the more in this faith , hauing beene instructed by some Ministers , that God both daily stirre and raise up Labourers in his Church extraordinarily . Since that time reioycing in his spirit , hee would impart all to Hacket , willingly , who with his praying extempore , fasting on Sundaies , boasting how hee had beene , buffetted by Satan , and faining an ordinary talke with God , which hee would take to be true vpon his damnation , and with many bitter oathes did so sweare the people into a beleefe of him , that they esteemed him greatly beloued of God , and greater than Moses , or S. Iohn Baptist : neither did he obscurely intimate , that he was a Prophet of Gods reuenge and iustice , wheresoeuer the people imbraced not his mercy : also prophecying , that from henceforth there should bee no Pope , and that this yeere England should bee sorely afflicted with famine , pestilence and warre , vnlesse the Lords discipline ( for so hee cal'd it ) and Reformation were admitted and practised ouer and throughout the Land. And for bringing in of this said Reformation , they deuised a plot , as was found out afterwards , to accuse the Lord Archbishop of Canterbury , and the Lord Chancellor of treason , because they cheiefly opposed themselues against this Reformation ; determining besides to make both of them away , and all the rest that in the Star● chamber should giue sentence against the promotion of the Reformation , or against the Ministe●● that desired it : they printed also many rithmes , whereby they thought to stir the people to sedition , amongst which this was a dogmaticall Tene● , that it was lawfull for a true Christian , although hee were a countrey Swaine , or a very Clowne , to prescribe a manner of gouernment to his Prince , and euen to dispossess● the Queene of her Throne , if shee promoted not Reformation . Indeed , Hacket exceedingly hated the Queene , as appears in that he durst mutter , that she had fell from her right of succession , and in that he durst offer violence to her picture , in thrusting it through the breast with a Poniard : neither was this a great wonder , for he had perswaded himselfe already , that God had made him King of Europe , and that therefore hee ought not to endure a Riuall . Likewise hee perswaded both Copinger and Arthington , that they were inspired , not onely with a Propheticall , but euen with an Angelicall spirit , and they perswaded therewith , exhibited to him all obedience and reuerence , as appointed King by God , thereby endeauoring to giue fewell to this sedition , which they longed to see on flame . About Iuly next , they came to a Nobleman of the Realme , and proffered to him the tuition of the Kingdome , vnder the Queene , to whom they dedicated the life of Hacket and Arthingtons prophesies , but hee either hauing or faining vrgent businesse to doe , sleighted both them and their courtesie . Shortly after , they certified Wiginton , that Christ had appeared to them the night before , not bodily , as hee is enthron'd in heauen , but Spiritually , by possessing Hacket in the spirit , more than any of the rest : that Hacket was that Angell that was to come before the day of iudgement , with his Fanne and his Hooke , to separate the Sheepe from the Goates , and that hee should tread downe Sathan and the Kingdome of Antichrist . Afterwards from Wiginton , they betake themselues to Hacket againe , by whose side , as he lay downe vpon his bed , they prostrated themselues in very earnest prayer , & Hacket rysing vp , ioyned with them in praier , oftentimes zealously requesting the Spirit to direct them to Gods glory , and then went to bed againe . Not long after Arthington willed Copinger in the name of Iesus Christ to annoint Hacket with the Holy Ghost , & make him King : So Copinger , hauing thrice humbly kissed the pauement , and bowed the knee with great reuerence , approached towards Hacket ; but he droue him backe with his hand , saying , It is needlesse for you to annoint me , for I am already annointed by the Holy Ghost ; goe ye onely and doe as I command you ; Goe and preach through the City , that Iesus Christ is come with his fanne in his hand , to iudge the world ; if any man aske you where he is , direct him hither ; if they will not beleeue , let them come , and if they can , let them kill mee , for as sure as God is in heauen , so no lesse sure is it that Christ is now come to iudgment . Scarce had hee ended this commandement , but they pr●sently flye vpon the execution of it , and running out of doores , cry vp and downe the streetes , that Christ is come , redoubling with a loud voice , that and many other things which Hacket had told them , crying , Repent , repent , &c. throughout the City , till they came to Cheapside : and when they were much pestered there with a throng of people , they got vp into a Cart , and there partly without booke , and partly by the helpe of some notes they had , they openly cryed out , that Hacket had participated of Christ , by his more peculiar Spirit a body truly glorified ; and that he was now come with his Fanne , to propagate the Gospel through Eurpoe , and to constitute a new discipline and Common-wealth in England ; intimating withall vnto them the place where he lodged ; declaring themselues to bee two Prophets , the one of Mercy , and the other of Iudgement , that were allotted to him for facilitating this so difficult an enterprise , vowing , protesting , and swearing , that as they hoped to b● saued , all this was true . Then they added , that Hacket was a supreame and sole Monarch , and that all the Kings and Princes of Europe were but his Vassals , that therefore hee must onely be obeyed , and the Queene deposed . Lastly , they railed at bitterly , and cursed the Lord Archbishop of Canterbury , and the Lord Chancellour , as the sole oppugners of the true and sincere Religion , which they would haue brought in : and then hauing endeauoured to haue crowded into other quarters of the City , with like proclamations , but being hindred with the presse of the people , and the perswasion of some of their friends , they returned home to Hackets lodging . Shortly after , being apprehended and brought before some of the Priuy Councell , and other Magistrates , to bee examined , they behaued themselues with such contempt before them , that they would not so much as stand bare , but peremptorily answer'd those that reproued them , that they were aboue all Magistrates . Shortly after this Hacket was accused of treason , who acknowledged himselfe guilty , whereupon he was condemned : at which time he vsed many blasphemous speeches , euen to the terrour of those that heard him ; cunningly , as much thought , to bring the Iudges to thinke , that hee was distracted in his wits , but yet in all his other gestures and behauiours , there was no signe of any such matter , for they relished more of a well setled grauity , than any such distemper : afterwards was he drawne vpon a hurdle into Cheap-side , incessantly crying all the way with a fearefull voice , Iehoua Messias , Iehoua Messias , Beh●ld the heauens open , beh●ld the Son of the most high comming downe to deliuer me . When hee was brought to the Gallowes , and wished to confesse his sinnes against God and the Queene , he vsed many contumelious speeches against the Queene ; But for God , he cryed out to him with a Stentors voice , O heauenly God , Almighty Iehoua , Alpha and Omega , Lord of Lords , and King of Kings , O eternall God , thou knowest that I am the true Iehouah whom thou hast sent , now shew some miracle from the cl●●des 〈◊〉 conuert all , these infidels , and deliuer 〈◊〉 from mine enemies : If thou wilt n●t ( O how I tremble 〈◊〉 the repetition ) I will fire the heauens , and with these hands p●ll thee from thy throne , vsing sometimes speeches , if it were possible worse than these . Then turning about 〈◊〉 the Hang● man that was ●itting the rope to his necke , 〈◊〉 Bastard , said he , wilt thou hang thy King Hacket ? and after that being haltred , hee lift vp his eies to heauen , saying , I● this my reward for my kingdome bestowed , behold I come and will reuenge it . The rope stopt his mouth at this blasphemy , but not all his punishment , for being immediately cut downe , according to his sentence , hee was streight way quartered . And thus we see how the enemy of mankinde besots those whom he findes affecting a counterfeit holinesse , and not contented with sobriety in knowledge . C●pi●ger shortly after , hauing voluntarily s●●ru'd himselfe , died in prison ; but Arthington growing wiser to repentance , acquitted himselfe of this folly , in a serious booke which was set out to the same purpose , by him not long after . And indeed , not onely these , but many others , who hauing condemned the receiued discipline of the Church of England , and reprooued the calling of Bishops , had in vaine● with many contumelious speeches , hitherto opposed th● Prelates , had now drawne into their faction , many of th● Lawyers of the Realme , who sharpened both their tongu●● and pens , against the Queenes iurisdiction in Ecclesiastica●● , matters , and consequently against her delegating the same to the Clergie , as being a thing most vniust , publishing 〈◊〉 print , that against the law of the Realme men were vniust●ly oppressed in our Courts Ecclesiasticall , that the Quee●● had no right residing in her selfe of such Iurisdiction , and that others therefore could not iustly exercise the same , being delegated to them from her , alledging that those 〈◊〉 Ecclesiasticall , ought not to impose vpon a guilty man an oath of Dutie , which they call Insuriandum ex officio , by reason that no man is compelled to be his owne accuser , and by reason that thereby a man must either wilfully condemne himselfe , or by forswearing himselfe , for the safety of life and goods , ruine his owne soule . Besides this , they vrged the forme of the ancient Writ , running in this manner ; Wee will and command the Sheriffe of our Counties , S. N. &c. that they permit not any within their Bailife-ship to make recognizance by oath , but onely in cause of Matrimoniall , and Testamentary . Against these men , the Professours of the Ecclesiasticall Law , maintained the Queenes Iurisdiction in spirituall matters , wherein shee had beene before inuested by act of Parliament , alledging , that to withstand that , was onely to assault the Queenes Maiesty , and with the breach of their oathes of Alleageance , to insult ouer the sacred Prerogatiue of their Princesse . They answered , that Ecclesiasticall Courts had authority to take notice of other causes besides Matrimoniall , and Testamentary , as appeares by the Statute of Circumspecte agatis , and by the Articles of the Clergie , vnder King Edward the first . Concerning the Writ , they much suspected the truth of it , by the reason of the variety of reading of it , and the vncertainty of the time of it's originall , being it is sometimes read disiunctiuely , To make recognition , or to take oath . Besides this , they answered , that to make Recognition , did not signifie a deposition of witnesses , or answer to the party conuented , but onely the confession of the debt , or holding plea of debts and chattels ; concluding that such taking of oaths were exacted time out of minde , to auoid Simony , Adultery , and other workes of darkenesse ; especially , if the Information be ( as they call it ) clamorous . And although that no man be compelled to betray himselfe with his owne accusation , yet that hee is bound to bee accused by a Fame , and to shew whether or no hee can purge himselfe , and defend his innocency , by reason that such penance imposed , is not to bee esteemed a Punishment , but onely Physicke , to cure sinners , and to fright others from the like sinne , or to take away any generall scandall , according to that of the holy Writ , Bee not ashamed for thy soules sake , to tell the truth , for there is a confusion that bringeth sinne , and there is ●ne that bringeth grace and gl●ry . But wherefore stand I deciding this controuersie ? which if any man will iudiciously scanne , let him consult with the learned Apologie of Doctor Cosins , Doctor of Law , or of Iohn Morris , or Lancelot Andrews , whose learned writings in this matter , will soone giue the scrupulous conscience of any ●an a speedy resolution . By this meanes the Queene easily impeached the aduersaries of her Iurisdictions violence , and conserued both in her selfe , and in her Clergie , the Ecclesiasticall Iurisdiction free from blemish . About this time was it , when Thomas Howard , the second sonne of the D. of Norfolke , with six ships of the Queenes ; and as many Victuallers , had expected the Spanish Nauies returne from America this whole six moneths . And abou● this time lingring about the Iland Flores , amongst those of Azores , where most of his Mariners languished ( as for Souldiers he had none ) ; where hee was suddenly ouertaken by Don Alphons● Bazan , that was sent out with fifty thr●● ships , to conduct the Nauy home in safety , in so much th●● he in the Admirall with much adoe escaped into the main● Ocean . Captaine Richard Greenuile in the Reare Admirall , who was called the Reuenge , ( what by reason partly of stay he made to recall his men aboard from out of the Iland , and partly out of a couragious minde , as vnhappily in successe , as inconsiderately in the enterprize , ) for bad to strike saile ; by which meanes he became hem'd in betweene the Iland and the Spanish Nauy , which was diuided into foure squadrons ; one whereof , while hee endeauoured couragiously to make way thorow , he was so ouerburthened with the massie Spanish Admirall S. Philip , that it kept all the winde from him on one side , and on the other side three more did the like . Yet the Spaniards that were diuers times comming on , were either faine to recoyle againe , or were cast into the Sea , and with a continuall succession of fresh men in their places , to their great slaughter , they still maintained fight against them all the night . And now began the English to want powder , their Pikes being broken , and euery valiant Souldier being slaine or sore wounded , the Masts of their fore-Decke , and hind●Decke fell downe . Their Cables cut ; the Ship torne with eight hundred shot of great Ordnance ; Capt. Greeneuill being grieuously wounded , euen as he was hauing a plaister , was againe wounded in the head , and the Surgeon at the same time slaine . At the beginning of the dawning of the day , the hatches all besmeared with blood , and paued with Carkases , and men halfe dying , afforded but a sad spectacle to all the beholders . After this , hauing now fought fifteene houres , Greenuill seeing his case to be desperate , willed them to sinke the ship ; but the Pilot forbade it , and hauing got the maior parts assent thereto , he was conueyed in the ship boat , and yeelded to the Spanish Admirall , vpon condition of safety and freedome from the Gallies : but Captaine Greenuill , languishing vnder the torments of his deaths wounds , being brought into the Spanish Admirall , within two daies after d●ed , being sufficiently praised for his valour euen of his enemies . The ship was yeelded vp , but hauing beene board thorow in many places , was afterwards swallowed vp in a tempest , being man'd with two hundred Spaniards at least ; so that the Reuenge perished not vnreuenged . The Lord Howard 〈◊〉 more on his good courage , than ability to 〈…〉 haue put in amongst them , bu● the Pilate was so farre from iniuring them with his consent , that hee would rather haue tumbled himselfe into the Sea , than , not to haue hazarded , but willingly thrust the Queenes ship vpon so apparant danger : and indeed , it seemed not good to them all at last to vndergoe a skirmis● , without hope of successe to themselues , or succour to their distressed companions , when they but once considered , that to hazard fiue ships , against three and fiftie , was nothing els● but inconsidera●ely to their owne destruction , to thrust th● glory of a victory vpon their enemies . Yet notwithstanding , both hee and the rest , especially Sir Thomas 〈◊〉 ( who two houres together still succour'd the Re●enge ) d●d all the seruice that either the courtesie of the winde , or the continuance of the day light would suffer them to doe ▪ The English abundantly repaired the losse of that one ship , with the surprizall of many Spanish ; in one where●● besides other riches , were found about some twenty tho●●sand Popish Indulgences , sent from the Pope into America ▪ for they compell the ●imple Indians , euery yeere to buy 〈◊〉 remission of their sinnes at the Popes market , to their 〈◊〉 aduantage and gaine . About this time George Riman , an excellent Sea-man , and Iames Lancaster , set forth also for the East Indie voyage : 〈◊〉 hauing reach● the Cape of Good Hope at Cab● Corrient●● the Admirall was swallowed vp in a tempest , and Riman in it . Afterwards , the heauens did thunder most fearefully , and in the rest of the Ships foure of the Mariners , hauing their neckes wreathed aside with the force of the thunder , died instantly . Ninety more were taken blinde ; many other● lamed ; some stretched as it were vpon the racke ; and yet all of them , sooner than their owne expectation could haue cured them , recouered their health againe , and yet vndaunted for all this went on their voyage . Whilst they went to water at the Iland Comoro , the Barbarians slew thirty of them , besides the Pilot , yet all this misery diuerted not their resolution , but they wintered at Zanziber ; and about they spring the surprized some Mah●metane ships of Peg● , with wooden anchors ; and other Portugall ships , well laden with Pepper and Rice . After that they came to Zeile , and the Iland Ni●ubar , plenteously inricht with Cinamon and Diamonds ; but then hauing not aboue thirty men aliue , and prouision of victuals not sufficient for so few , they turned saile home againe : hauing refresht themselues a little at S. Hellens Iland , they were tossed vpon Trinidado , but found small comfort there , till such time as they chanced to light vpon Charles Barbotier a French man , who relieued their necessity ; and as hee did that charitably , so as discreetly did hee eschew their treachery , which it was likely not they , but their necessity plotted against him . Afterwards Lancaster , hauing somewhat refreshed himselfe in the Iland Nona , the ship being tossed with a violent tempest , returned home with seuen more as weather-beaten as it selfe . The rest shortly returned by the courtesie of the French , home too , rich enough in that they returned ; hauing by their example taught the English Nation the manner of trading with the East Indians . In the meane time , Captaine Thomas Cauendish , who before in the yeere 1578. had incircled the whole world , and returned with as great glory as experience , now againe had made a voyage with fiue ships to the Magellan Straights ; hitherto when by reason of the crosse windes hee could not reach , he fell with the coast of Brasill ; while , immaturely dying , hee blamed much in his last Will and Testament Captaine Iohn Dauis , as one that per●●diously had forsaken him . And now the warres growing hot on euery side , there was a Proclamation set forth , forbidding any man vnder paine of treason , to transport corne , or warlike munition , either belonging to sea or land , into the Spaniards Dominions : a reason thereof being expresly added , that hee had bin a professed enemy to this kingdome , and that hee had refused to confirme the ancient league , made by his Predecessors . Likewise , by reason that English Seminaries had daily crept into England out from their Seminaries at Rome , France , and Spaine , ( for the Spaniard had lately erected a Seminary for English fugitiues too , at Valledolid , to withdraw the hearts of the Queenes subiects from her obedience , and to draw them to the Spanish ●action ) . In October there came also another Proclamation , forbidding any man , so much as to entertaine any one , vnlesse before hand he enquire who he be , and whether or no he goe to Church , by what meanes he liues , and where he recided the last yeere , with many other questions : and if any man chance not to giue ready answer , that then they should be sent to the Del●gates of seueral ●hires , to preuent further mischiefe . This Proclamation being held too sharpe and seuere , drew forth from the aduersary poysonous writings , thicke and three-fold , especially against the Lord Treasurer , as the onely occasioner thereof ; yet amply commending Sir Christ●pher Hatton , as somewhat enclined to their side , by reason his natural cle●ency cou●d not be drawne into a perswasion ▪ that in case of Rel●gion , men should bee burnt , hang'd , or quartered ; but hee good man died the day before the publication thereof , being troubled with the Diabetes , ( a dis●ase as vnmannerly as troublesome ) & as much with the Queenes discontent , somewhat eagerly requiring the Tythes and first fruits from him , which by the priuiledge of his fauour with the Queene , he well hoped she would haue pardoned him . Hee descended from a family more ancient that great , i● Northampton-shire , and being a tall handsome young man , and of a comely countenance , he came into such fauour with the Queene , that first shee made him one of her Gentlemen Pensioners ; afterwards for his modest pleasant behauiour , she made him one of the Gentlemen of her priuy Chamber ; then she made him Captaine of the Guard , Sub-chamberlaine , and one of her priuy Councell ; and lastly , Lord Chancellour of England , and one of the Order of Saint George : hee was a man of a good●y disposition , and of a great pity to the poore ; one very liberall towards all good Schollers , ( whereupon he was chosen Chancellour of Oxford ) and one that performing so weighty a calling as the Chancellorship of England , kept himselfe alwaies with an vpright conscience . Hee was honourably buried at Pauls , and a Tombe erected at the charge of Sir William Newport , whom , taking the name of Hatton , he made his heire . The custodie of the Great Seale , for some moneths together remained with the Treasurer , Hunsdon , Cobham , and Buckhurst , but afterwards was committed to Iohn Puckering , with the title of Lord Keeper of the Great Seale . About this time Brian O-rorke , a Nobleman of Brennie in Ireland , who being so zealous as hee was for the Spanish cause , was , as wee said the last yeere , sent by Iames of Scotland into England , now was arraigned at Westminster-Hall . The chiefe matters whereof he was indited , were First , for stirring vp Alexander Mac-C●nel and others , to a rebellion against the Queene . Secondly , for willing and commanding the Queenes picture in a frame to bee drawne at a horses taile , and to the great disgrace of the Queene represe●ted therein , to bee hewen and cut in pieces . Thirdly , for hauing giuen entertainement to some shipwrackt Spaniards , against the expresse proclamation of the Lord Deputy . Fourthly , for hauing set most of his neighbours houses on fire , onely to wreake his owne mischi●uous stomacke . Fiftly , for killing many ; and offering the Kingdome of Ireland to the King of Scotland . Hee being informed all these things by an interpreter ( for hee vnderstood not a word of English ) very barbarously insolent , refused to put himselfe vpon the verdict and sentence of his Iury , vnlesse they would giue him longer time of respite , vnlesse they would allot him an Aduocate , vnlesse his accusations sent out of Ireland were deliuered into his hands ; and lastly , vnlesse the Queene her selfe would sit chiefe Iudge vpon the Bench. The Lord Chiefe Iustice replying by an interpreter , that if he would not put himselfe vpon the verdict of his Iury , to try and examine his case , they must proceede against him by Law , according to the contents of his accusation ; he answered nothing againe but this , If it seeme good to be so , let it bee so . The sentence of death being pronounced vpon him , within few daies he suffered a traytors death at Tyburne , but with so obstinately a resolute courage , that hee euen at that time scoft at Meilerie Chreah Archbishop of Casseils , who in Irish began to comfort and consolate him , hauing beene a wicked man in conuersation , and of a wauering faith ; and besides , hauing broken his vow in refusing the order of the Francisca●es . This yeare the Queene in Dublin , the chiefe city of Ireland , founded a Colledge , which she dedicated to the holy and indiuiduall Trinity , in the place where was before the Monastery of All-Saints ; shee enricht the same with the priuiledges of teaching , and conferring and bestowing degrees , the titles and honour of learning ( which priuiledges the Bishop of Rome had granted to that City in 1320. ) thereby hoping to propagate both humanity and religion throughout the whole Iland , and to ease well giuen Parents of the great cost and charges of sending their children into forraine Vniuersities . At the same time Hugh Odonell , ( whom Sir Iohn Perot , Lord Deputy , hauing by a trick inticed into a Ship , had committed to prison in Dublin , for feare lest that being of a turbulent spirit , hee should cause some vproares , ) now escaped out of prison againe , and by letters to the Lord Deputy , now certified him , that his father had resigned vnto him the authority of O-d●nell , that is , rule of Tir-C●nel● , whereupon he began a fresh to mutinie in Ireland , as Bothwell did in Scotland ; concerning whom , although willingly I would not wea●e my selfe into a mixture of the affaires of Scotland , yet somewhat must bee spoken , especially since they are both so riueted together , that the one yeelds light to the others vnderstanding , which otherwise would bee clouded in much obscurity . Bothwell t●erefore , wh● had bee●e accused of trading in witchcraft , 〈◊〉 had latel●●scaped 〈◊〉 of prison , ●eing most outragiously incensed against Metellane the Chancellour , ( whom he suspected the greatest engineer of his accusations ) altogether applieth himselfe to the bringing vnder of both him and the King himselfe to his power ; and to that intent towards the end of December , he breaketh in vpon the Court which was at Edenborough , with some more of his accomplices , and English borderers , and there assaulted the Queens Chamber with a mallet , and the Kings and Chancellors both with fire . But his plot being frustrated in successe , by the nimble obedience of the Citizens that came in against him , hee suffered a repulse , and was glad to flie ; some of his attendants and Pages were thereupon hanged , and the Mallet also vpon the Queenes Chamber doo●e , in remembrance of so bold a villanie . THE FIVE and thirtieth Yeere OF HER REIGNE . Anno Domini 1592. AT the very entrance in of the next yeere , the King by Proclamation declared , that Bothwell was the author of this dangerous and ignominious enterprize ; that he was a fellow so moulded and soadred together with all vices , that hauing giuen defiance to vert●● and godlinesse , hee durst insult ouer God himselfe , much more vpon the authority , ordained by God. Declaring also how that after his returne from Italy , he had associated himselfe with all manner of companies , although hee had nothing to doe with them : that very villainously he had slaine Dauid Humes ; ●hic● off●nce , 〈◊〉 his mercy had condoned and pardoned him ; that he eschewed by all meanes possible to come to tryall for any of his ●normious o●●rages , because a Wizard in Italy had foretold him ▪ that his destruction would come from the iust iudgement of the King : Adding , how that this iealous feare of triall greatly increased in him , at that time , when hee outragiously had slaine William Stewart of Vchiltre , the Kings seruant : and how that thereupon with all his 〈◊〉 and might , with ●is ●loody villaines and comp●ices , 〈…〉 and Spaniard , the destruction of both Realmes . Then how hee had ranked himselfe to the●● side , who a● the Riuer 〈◊〉 , at the Bridge there , 〈…〉 the Court , out of some priuate disco●ten● , 〈…〉 downe their ●rmes , He still marched , and 〈…〉 his Campe against Edenborough , where hee surprized some ; and from whence he retreated not , till such time as he heard the King was in a readinesse 〈◊〉 him . Then was declared , how after that , hee had betooke ●●●selfe to diuellish Arts , to 〈◊〉 and Witchcraft , to 〈◊〉 away the life of his King ( when he was absent in Denmarke ) which was onely out of hope of auoiding his desert of punishment , and obtaining 〈◊〉 authority 〈…〉 so much feared , to wit , the Crowne . That hereupon 〈…〉 committed to prison , from whence , euen when hee was 〈◊〉 to be set out vpon some easie conditions , his ●onscience so prickt him , that by priuate escaping , he 〈…〉 courtesie of his ●awfull deliuery . And then , how , to expiate this off●nce , he had 〈◊〉 another more hainous , to wit , in assaulting the Court vpon no other resolution , but by making away his King , to ●ick Iustice vnder feet , to dominere in his villany 〈…〉 ; that he sought out for the King , & attempted the Kings and Chancellours lodgings by fire , and the Queenes with a 〈…〉 ●ntailed vpon his 〈◊〉 b●fore-hand , who had married the sister of the Earle of Essex , and afterwards the Queene confirmed also the same . ●hus did the vnbridl●d vntoward●●sse of a roauing tongue , cause distruction to a worthy man , and one that deserued will of the Common-wealth ; leauing an admonition to all posteritie , that reproachfull words against Princes , finde a deepe impresion in them , and commonly a very sharpe memorie . T●e French King , whom wee said , had pitcht his Campe t●e last yeere , with the auxiliary forc●s of the Earle of Essex at 〈◊〉 , there also with his small army wintred . The spring 〈◊〉 , and ●e wearied with these troubles of his 〈◊〉 siedge ; and finding himsel●● vnable for the taking of so 〈…〉 into the City , hee called to him the Earle of Essex ▪ and suffered it not ; for the 〈◊〉 of the Frenchman was such , that 〈…〉 it not good to 〈◊〉 a C●●y bee ransack't by the 〈◊〉 , which 〈…〉 shortly yeeld i● selfe into 〈…〉 . The Ea●le of Essex , being de●pri●ed of any hope of matters to doe ▪ ( after he had challenged Vill●●s , th● Gouernour of the City of Roan , to a single combate , and hee no● 〈…〉 weather beaten and w●●ne away , 〈…〉 tooke his leaue of the 〈◊〉 King , and made hast ouer , being called by the Queen● , and aduised by his friends , that many enuious men at Court , had 〈…〉 , and secretly , and craf●●ly had set 〈…〉 . 〈…〉 , ●arched vp●ards in to Fr●●ce , with his sonne 〈…〉 , as intending to bring aide to those that lay in Garrison in Ch●●me . He tooke Ne●fve-Chastel ; and hauing skirmished somewhat fortunately against the King ●t 〈◊〉 , hee so encreased the stomackes of those of Ro●a● , that bursting forth , they inuaded the Kings Campe , and got many of his peeces of Ordnance . The Duke returnes to Abbeuille , as if hee were going home : the King indeed thought hee had beene gone home ; and vpon that dissolues the siege for want of prouision , and dismisseth a great part of his Army . Vpon that , the Duke without any delay , embracing his occasion , pursues his enterprize againe ; and hauing made sound the Riuer S●yne , for a passage for victuals , hee takes 〈◊〉 , and reli●cues the distressed City with store of pronision ; hee strengtheneth the Rebels ; and out of a cra●ty warlike policy , alwaies delaieth battle , yet not without great losse ; and being distempered in body , returnes home . All which time , how valiantly the English behaued themselues in battell , when the Army of the Leaguers was vanquished at 〈◊〉 , the King himselfe by letters , dated at ●iscara-ville , to the Queene , sufficiently witnessed ; extolling Sir Roger Williams likewise , as another C●sar , and Sir Matthew Morgan . The French King , being ouer-whelm'd with these weighty warres , againe flies for aide to the Queene of England , desiring pro●ision for Warre , and six thousand men , for his war in Britaine . She condiscendeth to send foure thousand , and some pieces of Ordnance , and other furniture , vpon condition agreed vpon by 〈…〉 , and 〈◊〉 , Delegates , for the King of France ; That the King should not enter into a League with the Leaguers , vnlesse they had first submitted themselues , and promised assistance to driue the Spaniard out of the Kingdome ; That hee should not also make a peace with the Spaniard , except shee were agreeing thereto ; That he should allot some harbour and re●●ptacle for the English , and ioyne to them foure thousand French footmen , and a thousand horsemen ; that within a yeare hee should pay the charges of their transportations , and money for their pay ; and that this agreement should bee registred amongst the Acts of the Chamber of Accounts . Vpon this , Captaine Norris , who had beene sent for out of Britaine into France , to certifie the Queene of the proceedings therein , was sent backe againe in October . When the English had arriued in France , there was not any Frenchmen to ioyne forces with them ac●ording to the agreements . But Captaine Norris , cal'd from one place to another ; sometime to warre in Normandie and Lamaine ; sometimes elsewhere , suffering the Spaniards all this while to strengthen themselues in Britaine ; at which the Queene was so discontented ▪ that had shee not for certaine vnd●rstood , that the Duke of Parma was on another expedition into France , to supply the forces in Britaine , and to seize vpon some other Hauens , certainly she had recal'd her men home againe . But whilst the Duke of Parma was in a readinesse for this expedition , hee died , hauing beene Commander of the Spanish forces in the Low Countries fourteene yeeres . He was a Prince most abundant in all vertues , hauing purchased lo●e and respect , euen amongst his enemies ; whom euen the Queene neuer named , but very honourably , and with commendation ; but ●et so warily that his praises hurted not . The Queene being not ignorant that the Spaniard maintained these warres , not trusting vpon his owne strength , as the gold of America , and that by that meanes hee pierced into all secrets of States , corrupted good councell , and much impaired many mens loyalty , determined to send Sir Walter Ra●leigh , with fifteene men of warre into America , to seize vpon Panama , where they bring together their gold , or to surprize the Spanish Fleet ; but hauing exceeding contrary windes , hee was three whole months before he strucke saile . At last , hauing out reacht the Promontory of Neri●● , hee vnderstood of a certaine , that the Spaniard had expresly commanded , that none set out of America this yeare . Not long after , a mighty tempest dispersed the English Fleet , and drowned their little Fli●-boates ; so that now the opportunity of following his intent being lost , being about to returne againe , hee distributedd his Nauy into two parts , committing the one to Sir Iohn Borrough , second sonne to the Lord Borrough , and the other to Martin Fourbisher ; hee giues ●he one charge to ●oaue about the Spanish coast , and hinder ships from entring , willing the other to tarry at the Ilands of Az●r●s , for the returne of the Carackes out of the East Indies . Neither did this purpose faile of a wished successe , for whilst the Spanish Admirall at sea , rests onely in obseruing and watching Fourbisher , hee altogether neglecte● his care of the Carackes . Borrough ( to omit some small ships hee tooke from the Spaniard , and how valiantly hee winded himselfe out of danger , when hee was encompassed betweene the Spanish Coasts , and the enemies Nauy ) hauing arriued at a little towne called Santa Cruce , in the ●land Flores within a few daies after , espied a Portugall Caracke ( which three of the Earle of Cumberlands ships lay in wait for , but by reason of a sluggish calme , they could not come neere them ; ) a tempest arising in the night , compelled both the English and the Portugals to take vp anchor ; but on the next morning , the English might discerne the Portugal●s vnlading at the Iland Flores , as fast as they could possibly ; who discrying the English making after them , presently set their ship on fire . Borrough , hauing vnderstood by one or two Captiues whom he had taken , that more and greater Carackes were to come that way , seuered all his ships to the space of two leagues distance , ouer against the Iland Flores , and thereby had 〈◊〉 of viewing farre and neare the Coast about him ; neither did fortune de●aine them long in expectation , for behold , a great Caracke , called , the Mother of God , which was a hundred and sixty foot long , and seuen deckes in height , laden with rich Merchandise , and manned with six hundred men , came in their sight . The English set vpon her with many peeces of Ordnance , in diuers places , and with as diuers successe ; being indeed , more couragious than ordinary , by reason of the hope of the expected prey : but being equally amazed with the hugenesse of it , and the multitude of Souldiers in it , they began to desist skirmishing , till such time that Robert Crosse , twharting the fore-Castle of the Caracke , with the Queenes ship , called the Prouidence , maintained skirmish three whole houres together . Then the rest fell so fiercely vpon her on euery side , especially on the poope , that at the sterne no man durst appeare . First of all , Crosse brake in , and borded , and after him all the rest ; where finding a great slaughter committed , dead men being mingled with halfe dead , and the whole with the wounded , so confusedly , that pitty moued them to vse their victory mildly . The spoile that was brought home , was valued at a hundred and fifty thousand pounds of English money ; besides those commodities which seuerall Commanders , Mariners , and Souldiers pilfered and snatched for themselues : and when there was a strict inquisition made after these men , for those goods that were stolne away in this manner , vnder pretence that they had not discharg'd the due ●raight for cariage ; and afterwards when a Proclamation came forth , seuerely threatning to punish those as Robbers and Pirates , that brought these pilfred commodities not to light againe ; yet did their wickednesse easily frustrate the busie industry of the Delegates in this matter , and the periury of many of them mocking the publike s●uerity of the Proclamation , pre●en●ed the execution of it ; for they stucke not to say , That they had rather endanger their soules by periury before God , that was exceeding mercifull , that their whole fortunes and estates before men , that were so vnmercifull . Not vnlike to this was the treacherous couetousnesse of many Merchants here , who to glut their desire of wealth , euen in this time of open warre ( although not proclaimed yet ) betweene England and Spaine , furnished the Spaniard with Ordnance of brasse and iron both , wherewith they stored their wants in many of their vnprouided ships . This , as soone as the Queene came to vnderstand , shee set foorth her Proclamation , forbidding any man hereafter to doe so , vnder penalty of aiding an enemy against ones owne countrey : withall commanding , that they who worke in iron , should make no greater peeces that the ordinary Mynions , and none aboue sixteene thousand pound weight . The Queene , hauing gone on progresse this sommer , tooke Oxford in her way , where shee remained some few daies , being entertained with Orations , Plaies , and Disputations , and a costly banquet , prouided by the Lord Buckhurst , then Chancellour of Oxford . At her departure shee gaue them a Latine speech ; wherein shee professed , that shee more esteemed of their true hearty loues , than of all other sports and pleasures neuer so delightfull ; for which she gaue them hearty thankes , making a solemne vow , and giuing them sound counsell ; her vow was , that as she wished nothing more than the safety of the Kingdome , the happinesse and glory thereof , so shee wished also , that especially the Vniuersity , which is one of the eies of the Kingdome , might grow famous and flourish for euer . Her counsell was , that they should worship God first of all , not to sute themselues according to the curiosity of many , but to the lawes of God and the Kingdome ; that they should follow the lawes , and not goe before them ; that they should not dispute , whether or no better lawes might be , but keepe those that already were made , that they should obey their Superiours , and mutually loue each other . This sommer , as also last sommer , there was such a great drought through England , that not onely the fields , but euen many fountaines were dried vp , and many cattell were choked with thirst , & perished euery where vp and downe ; euen the Riuer of Thames , the chiefest in all England , nay , one than whom Europe hath not a longer , ( for it ebbes and flowes aboue threescore miles euery day ) was euen without water the fift day of September , to the great admiration of all that beheld the same ; in so much , that a horseman might easily passe ouer at London-bridge . Whether or no , this fell out by reason of the great drought , or the fierce rage of the North-east winde , which had blowne vpon the water two whole daies , and either droue away the fresh water , or hindred the flowing of the Sea , I cannot tell ; especially the Moone being then in the increase descending to the South , and the Aequinox being neere at hand ; at which times sea-men obserue greater flowing in the Thames , than at any other . There were those that searcht into the hidden secrets of Philosophy , to shew that this accident fell out by a naturall cause and direction ; arguing , that as a quartane Ague comes at her due time , and as the Gout at certaine seasons , and as a Purge , if nothing hinder it , keepes it's accustomed time for working , and as a womans childe-bearing ordinarily comes within a months reckoning ; so the waters haue some secret place of respite ▪ whither they withdraw themselues , and whence they streame out againe : that some of them that are lesse may be the better noted ; that they that are greater are yet certainely so . And what wonder should this bee , to see Nature her selfe goe on by statutes and degrees ? The heat of the Sommer comes when the time is ; the alteration of the Spring and Autumne is , when it is wont to be ; the Solstice and the Aequinox keepe their appointed seasons ; then let vs not thinke but there are lawes of nature vnder earth , which may perchance be lesse knowne to vs , but not lesse certaine in themselues . Let vs beleeue to bee below , whatsoeuer wee see is aboue vs. There died this yeere Anthony Browne , Vicount Mou●tague , sonne to Sir Anthony Browne , master of the Horse , and Standard-bearer of England ; whom Queene Mary had before giuen this title to , because that his Grandmother was the Daughter and heire of Iohn Neuill , Marquisse of Mountague . Shee made him Knight of the Garter , and sent him to Rome in the behalfe of the whole kingdome , to yeeld obedience to that See. Queene Elizabeth , hauing had experience of this mans loyalty , esteemed very well of him , although he were a Romance Catholike ; shee came moreouer and visited him ; for shee well knew that he was borne and bred in that religion , which hee professed ; and not embraced it as many did , onely to further a faction : and him , Anthony , Nephew to his sonne succeeded . There died also , Henry Lord Scroope of Bolton , Knight of the Garter , and President of the westerne parts of the Borders of Scotland ; hauing left Thomas his sonne , by Marquisse Howard , the sister of Thomas , the la●● Duke of Norfolke , his successor . Neither to bee passed ouer in silence , is the death of Christopher Wray , Lord Chiefe Iustice of the Kings Bench ; a man of great wisdome and skill in the Law ; one of sincerity , and as great constancy ; hee had much issue , but more credit in Magdalene Colledge in Cambridge , of which he well deserued ; whom ●op●am the Attourney , a man of much noted seuerity , succeeded . THE SIXE and thirtieth Yeere OF HER REIGNE . Anno Domini 1593. IN February , this yeare the Peeres of the Kingdome assembled in Parliament at Westminster , where they enacted lawes about the restraining of Schismaticks and Papists that would not goe to Church , and also enticed others not to goe too : also about possessions of Monasteries entailed vpon Henry the eight ; about relieuing Souldiers and Marriners ; and about not building within three miles of London , and many other matters . And when they had weightily considered ( for I speake out of the Acts of Parliament ) with what resolute malice the enemy raged against Englands ouerthrow , and the Confederates in France , to ceaze the Low Countries , or Scotland , or to surprize any conuenient place for inuading England , they adiudged it fit to grant some Subsidies to repell these dangers . Wherefore acknowledging and magnifying the heroicke princely minde of their Princesse , together with her prouident care and especiall affection to her people , that had so happily waged warre against her enemy ; and to that end she continually exhausted the wealth of her Treasure , and neuer offered to burden the poore comminalty with taxations ; and that not onely in defence of her owne Kindgome , but also in easing and relieuing her confederates according to these words , and her promise . The Clergie granted two entire Subsidies , and the Laity three , and six Fifteenes and Tenths , to be paid at a time , with a willing and obedient minde . But yet with submission petitioning , that since these things were so assigned ouer to Posterity in publike Records , that in expresse words there should be this caution added , that these so great ( and the like neuer before heard-of ) Subsidies being granted vnto so good a Princesse , vpon so extraordinary occasions , should neuer be made an example for hereafter . The Queene being present the last day of the Parliament , that by her consent she might giue life to these Lawes to make them of force , hauing professed her loue to all her people , first protested , that all her care onely watched to this entent , that the glory of God and the Common-wealth might be enlarged ; and that she would spend onely to that end all whatsoeuer they should bestow vpon her . After that , with her flowing ●loquence quickly and liuely she runnes through , how farre she alwaies hath beene from a s●●ggish want of courage ; how that trusting still to God , and the buckler of her good conscience , she neuer knew how to feare , nay , not her greatest and her most potent enemies . Lastly , to put courage into their hearts , she discoursed very accurately of the valour of the English , and among other things , that euen our enemies themselues could not but acknowledge that the English , ( out of a naturall & inbred valour ) were alwayes prompt to vndergoe any dangers : and that they found so much indeed by experience too , although they dissembled it ; that they should yet try it more fully , if so be that the English slept not too much in security , or be not fallen vpon being vnprouided ; then concluding , with hearty thankes for Subsidie monies , she promised to dedicate all her thoughts to God , and the good of the Common-wealth . And indeed , how she performed this promise towards God , let the Ecclesiasticall Writers tell , what punishment she inflicted vpon Henry Barowe and his Sectaries , who by the seed-plot of dangerous opinions , condemning the Church of England , derogating from the Queenes authority in spirituall matters , had not a little distempered the peace of the Church . But as concerning her promise towards the good of the Common-wealth , certainly she amply also fulfilled that , in employing all her greatest care to weaken the strength of the Spaniard , to hinder all his proceedings , and possibly to remoue his forces out of Britaine . And as she did this , so likewise bestowed she little lesse care and paines to keepe them from Scotland : instly fearing , lest that a troublesome confusion of affaires ( which we haue said was in Scotland ) might open a doore for the Spaniard , to both Kingdomes destruction . For she had most certainly vnderstood , that the Popish Nobility of Scotland bad by the tricks and plots of the Priests , conspired to bring in the Spaniard into Scotland , to alter the Religion there , and to set vpon England on that side ; and that one Creicton a Iesuit ( whom she had lately set at liberty ) hauing passed his faith , that he would neuer combine against the good of England , had vnder this pretence passed ouer often into the Low Countries , and into Spaine . She wisely foresaw that the Comminalty of Scotland ( especially those in the west parts ) would be easily corrupted with Spanish gold : also she weighed how full of Hauens the Scottish shores were , how warlike the Nation it selfe was , and how well furnished in Horsemen ▪ how easily then they might enter England as at a backe-doore . Besides all this , considering of what an vnstable loyalty the English themselues were , that are neighbours ot Scotland , most of them being Papists , and euery one desirous of innouations , who had their meanes and their hopes in their own hands . And lastly , that there is alwaies more courage in them that doe oppugne , then in them that defend , who as it were onely cast dice for their owne lot . Wherefore she gaue the King of Scotland to vnderstand these things , admonishing him to keepe vnder his Nobility betimes , and willing him to exercise his Regall power ouer such seditious persons , that hee might not seeme to reigne at their pleasure . And truely , he did that of his owne accord , by instituting seuere Lawes against the Papists , and the Abettors of them ; as in that he punished Dauid Graham Fentrey , for being secret to the conspirators , as also in that he persecuted the Earles of Anguise , Hu●tl●y and Aroll , whom he easily scattered a sunder . Bothwell in the meane time , hauing laine lurking in England , collogued with the Queene by his flattering letters , promising , that if the King of Scotland would but enter him into his fauour againe , he would faithfully serue and obey him , and much weaken the Spanish faction : withall entreating her to intercede with the King for his pardon . But the Queene , assoone as she vnderstood that the King of Scotland tooke it but very i●l that Bothwell had beene entertained here in England , she detesting his impious rashnesse , that he durst offer violence to his Prince , the expresse ●igne and Type of God himselfe , and put him into so great feares , sent the Lord Borough on an Embassie into Scotland , that he might truely informe the King that Bothwell was not harboured here , but that he secretly crept in ; and that she would seuerely punish those that had entertained him : withall , she incensed the King against the Spanish faction , wishing him to procure a new Association of Protestants to keepe himselfe in safety , and to defend Religion against all outward seditions , with hearts and hands knit together : and this was shortly after effected . The Lord Borough hauing expected the Kings returne out of the Northerne quarters of Scotland , demanded these things in writing from him ▪ That he would certifie the Queene of all the Spanish enterprises against England that he heard of ; That by his iustice he would defend his Regall authority , and if that he could not execute iustice vpon the bodies of such Traitours , that hee would haue their goods confiscated ; That he would chause into his Councell men of pure and well-tried trust ; That all these things he would certifie the Queene of by his owne hand , that both she and also all other Princes of the same religion might easily vnderstand , with what a prouident care he resisted the enemies thereof . Lastly , that he would take order for a peace in the Borders of both Kingdomes . Adding withall , That if these things were done , she would not be wanting in any thing , as she lately was not , in seuerely mulcting those Englishmen that had entertained Bothwell . To these things distinctly the King answered , that he had certified her of all the machinations of the Spaniard , as soone as he found them out ; that as speedily as hee could hee had persecuted all the Rebels , punishing some with losse of goods , and others with life ; That he had appointed Lieutenants in their Dominions ; and that he would haue all of them banished by act of Parliament ; and after their banishment , their goods should be confiscated . That he would admit to Councell onely men of sound iudgment , of purity in Religion and loue to their Countrey ; and that he would witnesse all this to the Queene , with his owne hand-writing ; that he would also take order about the Borderers . But then , that it was meet , that the Queene should furnish him with monyes to bring this to passe , both to resist the Spaniard , and his owne Rebels , that were of great wealth and strength . Last of all hee required , that She would punish those that fauoured Bothwell ; and since hee was a fellow of vnexpiable villany , detestable before all Princes , euen to example , that shee would deliuer him vp to his hands , if hee lurk't in England ; since shee could not chuse but esteeme the fauourers and friends of such an enemy , as her owne enemies . But notwithstanding , when Sir Robert Meluill came , and demanded Bothwell , and monies also for to pursue the rebellious Papists , some monies indeed were sent : but as for Bothwell , it was answered , that hee should bee deliuered vp , according to the couenants of the former Treatise , or banished out of England . Now the reason of this vnexpected answer to the King of Scotland , might well bee vnknowne , when indeed it was no other , but because some Scottishmen in England , had enueagled the Queene with conceit , that the King of Scotland dealt too fauourably with his popish Nobility . Bothwell , about the same time , hauing beene proclaimed Traitor by the States of Scotland , returneth secretly home againe , and brought into the Kings Chamber by some of his friends , vpon a sudden he fell downe at the Kings feet , ( he little dreaming of any such matter , ) and casting his sword on the ground , humbly beg'd for mercy ; & by the importunate intercession of many , hee obtained it vpon certaine conditions , to wit , that hee should depart from the presence of the King ; that he should appeare personally in iudgment of the case of his dealing with witches ; that , if he be absolu'd and quitted of that , he should depart the Kingdome , and liue any where , where it should please the King. Yet for all this , the day after hee was quitted from his dealing with Witches , he by force , drew many of the Kings seruants out of the Court , till at length his faction grew so potent in the Court , that the King , for his owne safeties sake , and the peace of the Realme , was faine , not onely to pardon him , and all his Pages and Attendants , but also to remooue out of the Court , the Chancellour , the Treasurer , the Lord Humes , and George Humes , whome he esteemed most loyall vnto him . But afterwards , within a moneth , weighing with himselfe , to his great discontent , how to the indignity of his Maiesty , these things had bin extorted from him against all reason , he declared in the next assembly of the Nobility of Scotland , that they esteemed no better of him , than of a Captiue , and euen Bothwel's captiue ; that hee could no longer suffer a subiect that had now thrise waged was within the walls and chamber ▪ of his Prince , both to triumph ouer him , and his seruants , who had so well deserued at his hands ; And hee easily had it granted by the States , that they did approoue him a free Prince , to exercise his authority , and to chuse his Councellors , and other Seruants and Officers , according to his owne discretion . Hereupon he recals to his Court the Chancellour , and the rest againe , cancelling whatsoeuer before ( against his will ) he had granted to Bothwell . Yet notwithstanding , by reason of his milde nature , hee vouchsafed to pardon him , and all his complices , all their offences , and to restore them to their goods , if so bee they supplicantly sought for the same ; vpon condition , that quietly they betake themselues home , and approach not to the Court , except they bee sent for ; that Bothwell , within a limited and appointed time , doe depart into some place beyond Sea , and continue in set places , so long as it shall please the King. Hee makes great alteration in the Court in a short time ; banisheth Bothwell , who thinketh still of worser mischiefe towards the King and Kingdome , and to that end lay hid , lurking still within the confines of the Kingdome . Yet for all this was not Scotland yet at quiet , for the Clergy men and Ministers tooke it very hainously , that the King persecuted not the Papists with fire and sword : against whom they themselues made assemblies , and without anthority from the King , assembled together the Lords and Burgesses , to consultation about it , to preuent danger that might fall out to the Common-wealth . At this time in Germany , there came out in print , many libels against Queene Elizabeth , calumniating her , as if shee had incensed the Turke to warre against all the Christian World : the letters came forth also which she had sent to the Turke , in many places corrupted , altered and changed , and many malicious calumnies added , and feigned on purpose . But the Queene , hauing sent a messenger to the Emperour , so cleerely washed away these calumnies , that forthwith the bookes were called in , and the Copies of them burnt at Prague : for certainely , shee tooke all the paines she could , for remoouing the Turke from Christendome ; and the Emperour acknowledged as much . Neither surely had she any thing to doe with the Turke , but onely to secure her subiects traffique at Turkie ; to which purpose she had her agent there at Constantinople , as the French , Polacke , Common-wealth of Venice , and others had : there he Agent did nothing but helpe the businesse of her Merchants traffique , and at their owne charges . About this time also Shee procured peace betweene the King of Swedon and Muscouy ; as also between the Turke , & Sigismond Bathor , Vaiuod of Tran●iluania : For , when as the Turke had trespassed beyond his limited bounds , and laid taxes vpon them , not only beyond the forme and fashion of their league , but euen beyond their strength and ability , Sigismond , by his Embassadour Stephen Kakaze , entreated her earnestly to trie what fauour shee could finde in the Turkes Court , and interceed for him ; that nothing might be exacted beyond the ancient order , and that nothing might be detracted from his territories and Dominions . Which thing ( since that euen the good of all Christians was interessed therein ) she vndertooke , and prosecuted , according to her mercy , wherewith she was wont to succour all her distressed neighbours . In lower Britaine in France , Norris hauing expected still Marshall D'Aumont , and also Espinay of Saint Luke , who had promised to ioyne forces , spent all the winter the last yeare to no purpose : in which time a disease consumed many of the English ; and the Queene was put to the charges of paying euery weeke three thousand and two hundred pounds of English money . Indeed about Aprill next following Espinay came and ioyned his forces ; whereupon Ravendeers troopes were vanquished at Saint Sulpice ; Guearch surrendred vp ; and the forces of the Gouernour of Lauall , ( amongst whom most were slaine ) quite vanquished ; wherein also Captaine Randolph , Bourley , and Christmasse , couragious English men , were all slaine . Marshall D'Aumont not as yet drawing downe towards Britaine , neither assigning the English a safe place of retyre , as was couenanted for , gaue the Queene such iust occasion of discontent , that she forth with recalled Sir I , Norris home againe ; notwithstanding that Aumont earnestly ●ollicited the Queene by his letters , for more forces from England , who had so discourteously entertayned these , that were so lately sent before . But whilst the Queene onely for Religions sake , aydes the French King , distrusting his owne strength , at so great charges , and so great troubles of mind , as if ●he esteemed his losse , her owne , behold a most certaine report flies ouer into England , spreading it out , that the French King , either had embraced , or would shortly embrace the profession of the Romish Religion . Hereupon Sir Thomas Wilkes is disspatched into France , to know the certainty , and , if as yet he had not altered his Religion , to disswade him by forceable reasons contained in writing . But before he came , the King had made a publike profession of the Roman Catholike Religion at S. Dennis , although notwithstanding euen some Papists at that very time lay in waight for his life . The King ingeniously layd open to Wilkes the motiues of his conuersion thus : VVHen first ( said he ) I was chosen King of France , I tooke a solemne oath , that at a set time I would be instructed in the Romish Catholike Religion , neither was I admitted King vpon any other condition . I haue deferred this my instruction in that Religion this full foure yeares , neither ( but against my will ) I haue now condescended to it . The King my Predecessour being taken away , I was necessarily to retaine the same Counsellours and Seruants , and by their voices ( being the major part ) haue things so beene carried , that all my consultations against the Leaguers haue beene snatcht vp by them , and neuer came to a prosperous successe . Those that were Protestants ( and of my Counsell ) were seldome or neuer there ; being , more then was needfull , intending onely their owne affaires ; insomuch that I was quite forsaken euen of those in whom I put my confidence ; and fearing also lest that I might be forsaken by the Papists too , I was necessarily glad to subscribe to their determinations and counsels . I doe most solemnly protest , that assoone as I was called to the Crowne , eight hundred Noblemen , and nine Regiments of Protestants returned home ; neither could I detaine them by any reason ; insomuch , that I had not any but euen my houshold seruants of my Bed-chamber . The Papists ( when they saw me forsaken euen of my own side ) began to domineere a little , & vrge me to an alteration of my religion , saying , that Catholikes cannot with a safe conscience obey an Heretike . Yet I still prolonging it from day to day , so delayed time , till that seeing my owne weaknesse , ( who being but relieued with a few supplies from my friends , & being vnequal to the Popes , Spaniards , and the Leaguers forces ) was faine to yeeld ; especially finding a third faction on foot betweene the Princes of the bloud-Royall , the Officers of the Kingdome , the Prelates , and most of the Nobility ; who had entred into a consultation with the Gouernours of most Prouinces and Cities of my Kingdome , to forsake me vtterly , as one of a most hereticall naughtinesse , and to share my Prouinces amongst them man by man. And when my necessity afforded me no meanes of preuention for this vndertaken counsell , I passed my word I would be conformed to the Roman-Catholike Religion . They allowed me one or two moneths to conforme my selfe , sending to Rome for my Absolution . The Leaguers to preuent this , made all possible speed to the election of another King ; many vowed their endeauour to enthrone Guize in my seate , vpon condition that the places of Office that they did enioy , might be assigned to them for euer , and to their Heires . Therefore with good deliberation haue I embraced the Romish Religion ; yet the Prelates refused to admit me into the Church , without the aduice of the Pope of Rome , till that I hardly perswaded them to admit of my conuersion without any information , disputation , or debating . And by this meanes I haue throughly ioyned to my selfe the third faction , preuented the election of Guize , purchased the good will of my people , and bound the Duke of Tuskany to me perpetually ; besides , I haue saued the Reformed Religion from danger of burning , which would necessarily haue followed , if that my conuersion had beene brought to passe by Informations , Disputations , or Debates . These things in the meane time Morlant certifieth the Queene of , colouring what the King had done with very faire words : but she much grieuing at it , and discontented in minde , hauing snatcht her Pen , presently sent him a Letter much after this manner . ALas ! what griefe , what flowing sorrow , what heauy groanes haue I endured in minde , in hearing this newes from Morlant ? O the faith of men ? Is this an age ? could it be , that worldly respects should put the feare of God from before thee ? can we possibly expect an happy end of these things ? couldst thou imagine that he that hath so long defended thee , and preserued thee , should now forsake thee ? certainly it is dangerous to doe ill that good may come thereon . Then let some better spirit put thee in a better minde . In the meane time I will not cease to commend thee in my prayers to God , and earnestly beseech him , that the Hands of Esau spoile not the Blessing of Iacob . That you doe esteeme so well of our friendship , I thinke I haue deserued it at a good rate : neither would it haue repented me , had you not changed your Father . Certainly , I cannot hereafter be your Sister by the Fathers-side . But I will alwaies loue mine owne Father , dearer then a counterfeit one ; as God himselfe knowes , who in his good time bring you to a better path , and a sounder iudgement . Subscripsit : Vostre Seur , si ce soit à la vieille mode , auec ●ouuelle je n'ay que faire . ELIZABETHA R. In this her trouble she onely found ease and solace from the holy Scriptures , the writings of holy Fathers , often conferences with the Archbishop , and euen sometimes out of the Philosophers she drew comfort . For certainly I know , that at that time she was very conuersant in the Booke of Boëtius , and that she then translated it into English. Amongst these things , Wilkes certified the French King , that he was nothing so good as his word in the affaires of Britaine ; that this lingring of Marshall D' Aumont , was very hurtfull to his Mistresse the Queene , both in regard of the losse of her Souldiers , and the expences of her money ; and that it was as vnprofitable to him himselfe ; that the Queene would not encrease the number of her men in Britaine , except there were some place of repose allotted for them . The King laying the fault altogether vpon the negligence of Marshall D' Aumont , promised to heale all such incommodies , and prouide a place for the Queenes Souldiers . Also hee gaue the Queene to vnderstand these things by Mouie a Gentleman of his Bed-chamber , commending health and happinesse vnto her ; acknowledging that hee is beholding to her for his kingly honour ; promising withall , that assoone as businesses were compassed at home , and a truce made , that he would march with his Army into Britaine . In the meane time there is an agreement made between the Queene and him at Mellun in August , vnder their hands and seales , in good faith , and the word of a Prince , that with io●nt forces the shall warre against the Spaniard , both with offensiue and defensiue warre , as long as hee shall warre against either of them ; and that there shall be no peace betweene him and them , without their mutuall consent thereunto . Yet for all this , is Britaine still neglected by the French King , France in the very bowels thereof still labouring , and neitheir yet could the Englishmen get so much as Pimpol or Breac , a little Island , for their retiring place , but vpon extreame hard conditions ; to wit , that they fortifie it not : neither that they lodge either in the houses of Priests or Noblemen . Yet for all this the States of Britaine humbly requested the Queene not to recall her forces , which she had euen resolued on : but euen ouer-entreated , commanded them to stay : and they dispersed and scattered vp and downe about the Country Villages , and exposed both to the malice of the Heauen , and their enemies , were ●ain● to haue a lamentable wintering , when Pimpol ( by reason it was so little ) could not containe them all . Neither spared she her continuall admonitions to the King of France , that he should consider how much it stood him vpon , to protect and keepe in hold the Sea coasts ; which once being gotten into the power of the enemy , opens a way for further losse , and is not easily recouered againe : she wished him by Sir Robert Sidney to protect in safety the professours of the reformed Religion . He promised againe , that as he had hitherto beene , so he would alwaies be their Protector and Defendor ; although that euen the chiefest Nobles of them had already forsaken him . But when Sidney would haue dealt with him about Brest , for a retyring place for the English forces , and a pawne for the monies he had already had , ( which indeed the Queene greatly desired ) hee stopt his eares at that . For truely the Frenchmen could not indure that the English should once set foot in any other possessions in France , no not so much as in their Hauens ; no● being forgetfull how easily they a great while agoe , hauing but once beene possessed of their Hauens , victoriously ran ouer France , and how hardly they resigned vp againe their possessions . And thus miserably did the French turne the counsell of the Queene vpon her selfe , and the English , which she gaue them for a caution against the Spaniard . The Queene that she might secure her own selfe from the Spaniard , fortified the Islands of Silley in the British Ocean , hauing erected a Fortresse in S. Mari●s Island ; which by reason of the fashion of a starre , like to which it was made , she called the Starre-Marie ; she fortified that also with a set Garrison . Also she strengthened her Islands of Ga●nsey and Iersey , opposite against France , and other places besides , with great cost and charges , and as great courage and alacrity , although the times then were very heauy . For in that yeare Saturne running through the end of Cancer , and the beginning of Leo , ( as in the yeare 1563. ) the Pestilence or Plague miserably tormented the City of London ; insomuch that the rigour thereof in the whole course of one yeare , mowed downe the people of the Citie and Suburbes , to the number of 17890. besides Sir William Roe the Lord Major , and three more Aldermen . Bartholomew Faire was not kept that yeare in London , and Michaelmas Terme at S. Albanes twenty miles from London . At which Terme Richard Hesket was condemned and executed , because he had perswaded Henry Earle of Darby ( whose Father Henry died not long before ) that he should claime the Crowne of England , fetching his right from his great Grand-mother Mary the Daughter to Henry the seuenth ; largely promising moreouer assistance and money from the Spaniard ; withall , threatning the Earles sudden destruction , if hee kept it not secret , and if he put it not in practise . But the Earle fearing this to be a plot onely to bring him into danger , betrayed his conspiratour , who of his owne accord acknowledging his fault before the iudgement seat , sorely cursed those that aduised him thereto , and those also that hearkened to his aduise in it ; and indeed those curses fell vpon some body in all probability : For the Earle within foure moneths after died of a miserable kinde of death , as shall be spoken of shortly . In this yeares space , two famous Earles of England died , both of the Order of the Garter ; Henry Stanley ( whom I now mentioned ) Earle of Darby , the sonne of Edward , by Dorothy the Daughter of Thomas Howard first Duke of Norfolke . He got of Margaret the Daughter of Henry Clifford Earle of Cumberland , of Elenor Brandon the Niece of Henry the eight by his Sister Mary , two sonnes , Ferdinand and William , that in order succeded him . The other Earle that died was Henry Ratcliffe Earle of Sussex , Gouernour of Portsmouth , hauing left onely one Sonne Robert , which he had by Honor the Daughter of Anthony Pound . At Portsmouth , Charles Blunt , afterwards Lord Montioy , succeeded him . Three Lords accompanied these Earles also into another life ; Arthur Grey of Wilton , that famous Warriour , and of the Order of the Garter , to whom succeeded Thomas his sonne by Iane Sybill Morrison . The second , Henry Lord Cromwell , the Nephew of that Thomas Earle of Essex so often spoken of , that was the mocking-stocke of Fortune ; after him succeeded Edward his sonne by Mary the Daughter of Iohn Powlet Marquesse of Winchester . The third Henry Lord Wentworth , whom succeeded Thomas borne of Anne Hopton , his sonne and heire . Neither will we conceale the death of worthy Christopher Carlile , whose warlike skill was sufficiently tried in the Low Countries , France , and Ireland , and in America at Carthage , and Santo Dominico , in the yeare 1585. for he about this time accompanied the forenamed into a better life . In Ireland O-Conor Dun , Mac-Da●y , and O-Brien Nobleman of Conaugh , and others , make complaints , that they were vniustly gone to law withall about the possessions of the Mortimers , Earles of March , which they had no colour of pretence for , but continuance of long time , wherein they had onely vsurped the same . Also about this time the Noblemen of the Prouince of Vlster , who long before feared lest they should fal into a conformity to English lawes , which they thought would be brought in vpon thē , ( as they saw it done already in Monaghan , ) and that they should loose much of their power thereby , whereby sometimes they did euen tyra●●ize ouer the people , begin now to bring to light that rebellion which before long had beene conceiued ; and first of all Hugh O-Donell on a sudden surpriseth Montrosse Castle . Now there had beene a grudge long betweene the Earle of Tir-Oen and Henry Bagnall Marshall of the Irish forces , whose Sister the Earle had stolne for his wife . The Earle he made his complaint before the Lord Deputy of Ireland , the Chancellour , and others , that whatsoeuer he had brought in obedience to the Queene at Vlster , by his continuall labour , and euen hazard of his bloud , that redounded onely to the commodity of the Marshall , and not to himselfe ▪ that yet the Marshall had falsly accused him of treason , and to that purpose had suborned base conditioned men to be his witnesses : that he had incensed the Lord Deputy himselfe to his destruction : that he had laine in wait for his life , and not truely or sincerely to haue deliuered his answers to the Queene . And truely the Marshall was altogether beleeued about the Court , till such time , as the Earle Tir-Oen ▪ hauing sent Letters into England , proffered to come to his triall either in England or Ireland . Yet on the other side , certaine it is , that the Earle had made a League with the Nobility of Vlster very sec●etly , to defend the Romish Religion ( for Religion was the onely cloa●e time afforded for warre and to shut out the She●●ffes , and all that lay in Garrison within their Territories , to defend mutually their owne Rights , and propell the Englishmens iniuries . The next after O-Donell ( that encreased the rebellion ) was Mac-Guir a Nobleman , who was thrust out as farre as Fermanagh , for his more easier practise . Hee was a man of a troublesome spirit , and contentious , who much complained that he was too much molested and troubled , and vndeseruedly by the Sheriffe of that County . Wherefore he rushed out , preying on his neighbours grounds ; he enters Conaught , hauing Gaur●n a Priest accompanying him , whom the Pope had created Primate of Ireland . This Gauran still egged him on to try his fortune , and trust to the helpe of God ; assuring him , that there could be no doubt of victorie . But yet it fell out otherwise , for by the valour of Richard Bingham Mac-Gui● was put to flight , and his Primate and many more slaine . Hereupon Mac-Guir breakes out into an open rebellion ; whom Tir-Oen persuing out of a counterfeit officiousnesse , receiued a great wound , to the praise both of his valour and loyalty . Dowdall an Englishman , and a valiant Commander , beset & tooke I●eskelline neere the Lake Erne , which was Mac-guirs best and strongest fortresse ; wherein he slew most that lay at Garrison in it . And at that time were the pure Irishmen first chosen to be Commanders , and put into Bands ; who being alwaies disloyall to the English , made most thinke it then most vnprouidently done , which truely they all found afterward indeed . In the meane time the Earle of Tir-Oen ( keeping a watchfull eye ouer his owne affaires ) now began to challenge to himselfe the Title of O-Neale , ( in comparison whereof the very Title of Caesar is base in Ireland ) by reason that Turlogh Lenigh was newly dead , who before bore that Title : forgetting his oath and promised faith to the Queene , and paine of treason . Yet it seemes hee forgot it not , but would excuse it , that hee onely did challenge it to himselfe , to preuent others , that likely else would doe so much . And at last hee promiseth to renounce and disclaime all his right to it ; but yet earnestly desires that he be not bound thereto by any oath . Presently after that he surpriseth one or two of Shan O-Neales sonnes , ( that either by their own craft●nesse , or some others con●iuence , had escaped out of prison , ) fearing le●t they might be a hinderance vnto him : for he well knew in what esteeme they were amongst their owne , and how easily they might bee able to crush all his p●ots and practises whatsoeuer . Therefore when hee was expresly commanded by the Lord Deputy to set them at liberty , hee still refused it , onely complaining grieuously of the ill will of the Lord Deputy towards him , the treachery of the Marshall , and the iniuries of them that lay in Garrison : yet he so couertly bo●● all this ▪ as that as if he had forgotten it all , he came and professed obedience vnto the Dep●ty ▪ gi●ing his faith for security thereof , and so in an humble submission returned home againe ▪ THE SEVEN and thirtieth Yeere OF HER REIGNE . Anno Domini 1594. THe Queene perswaded her selfe that she could easily quench this young and modest rebellion , that scarce durst shew it selfe in Ireland , if that once she had but weakened a little that apparant and open faction in Scotland . Wherefore , hauing beene asked her counsell by the King of Scotl●●d , what she thought of the Decrees made by the States of Scotland , for the preseruation of Religion , and the peace of the Kingdome , She sendeth Edward Lord Zouch into Scotland ; that he might confirme the Peeres of the English partie in their obedience , and exact greater seuerity against those of the Spanish , then that which the Decree ordained . Since that it was most certainly confirmed , that they had beene at Masse ; that they harboured Iesuites and Priests ; that they had sent blancks ouer into Spaine , with their hands and seales thereto . And ●ince , that euen the Spaniard was now in contemplation , and very neere practise of inuading England by Land-forces , through Scotland , which before he could not by Sea , with all his inuincible Nauy . The King made answer thereunto , that he would vse all seuerity against the Papists , that the Statutes of the kingdome could allow : and that if they being giuen warning to , shall not obey , he would pursue them , till such time that he should bring them into order , or driue them out of the kingdome , if so be that the Queene ( whom it concerned as much as himselfe ) would ioyne with him . Zouch being somewhat peremptory in vrging seuere persecution of the Papists , ( for indeed some of the zealous Ministers of Scotland continually suggested to the Queene , that the King dealt more fauourably with Papists , then either the necessity of the time would , or his owne conscience ( if it were vpright ) could suffer him to doe ) the King demanded whether , or no , he were vnder any bodies authority ? or , whether his Queene would prescribe him a forme of gouernment that was an absolute King ? But withall protesting , that he would strongly defend his Religion , and inuiolably preserue peace and amity with the Queene . Yet againe , somewhat complaining , that Bothwell a most troublesome Rebell , should be fostered vp in England , since that hee so readily had deliuered to the Queenes hand the Irish Rebell O-Rorke , that lurked in Scotland . But Bothwell ( it seemes ) staid not long lurking in England , but againe hee bore vp his rebellious Ensignes against his King : and hauing entred Scotland with foure hundred Horse of Borderers of Scotland , hee came as farre as Leeth without any impediment , or resistance : and hauing come thither , ( after the Art of rebellion , that colours fowlest deeds with fairest pretences ) he published this in writing . SInce that the true Religion towards God , . the safety of the King , the Honour , the Iustice thereof , the Commonwealth it selfe , and that commodious friendship betweene the Kingdomes of Scotland and England were now in the extremity of danger , by reason of some pernitious Counsellours , who had crept into the Common-wealth ; who had suffered Masse-Priests to wander from Village to Village ; who had giuen ostages to the Low Countries , and sent for Spaniards ouer to oppresse both the Religion and the Common-wealth ; and to breake the League with England : That therefore he , with the Nobility , the Lords , and Burgesses ioyned with him , had determined ( out of their feare of God , and the loue of their King ) to pursue these Consulters after an hostile manner , till such time that they either willingly submit to come to triall , or fly out of the Kingdome . And that he made the more haste to the prosecution thereof , because the Spaniard was euen vpon arriuing and landing in Scotland . Wherefore he humbly entreats the King , ex●orts the Nobility , commands the people , that forthwith they ioyne armes with him in this so godly , iust and so necessary a cause : demanding the authority ( besides ) of the Magistrate to further the prosecution of this enterprise . Concluding , that whosoeuer assisted these Counsellers with helpe , should be punished with great seuerity . To this purpose he sends his Letter to the Synod , which at that time was at Dunbarre : a●d also hee sends it to the English Embassadours ; for ( indeed ) both these were said to fauour his designes , and not very obscurely . He on the very same day that hee had vnderstood , that the Kings forces set forwards from Edinborough , which was scarce three miles off , parted in two his Troupes , and set forth out of Leeth . But being vnequall to the Kings forces , by reason that very few flockt to him , euen since his publike Edict , hee being skilfull enough how to eschew danger ( as mischieuous to intend it ) seekes all by●places ; and once hauing set on the Kings forces vpon a steepe hill ▪ droue them backe , hauing taken some few of them , but not any man killed . Keeping his order he retreats to Dalkeeth , and from thence ( being pricked with the conscience of a Rebell ) he betakes himselfe to his accustomed lurking-holes in the confines of the Realme . But the Queene forbad by Proclamation , any man neere the borders of Scotland , to entertaine , succour or assist him . And this was very acceptable to the King ; who on the other side ( to shew his desire of requitall ) assembled his Peeres in Parliament , for the banishing of these Popish Earles and Nobles of the Realme . The Nobility but few , being met , yet all refused to giue their voices against them , in respect , that although it were true , that they had sent such Papers into Spaine , yet nothing but onely bare coniectures could be gathered from thence , what their intents might be . Yet for all that , the number of the Clergy men and Burgesses , making a plurality of Voices , they were all banished the Realme . Their Coats of Armes , and Badges of Gentility ( according to the custome of Scotland ) were broake , and cast out of the windowes of the Towne-house , and their banishment publikely proclaimed by a Herald . Afterwards the Earle of A●gile was sent out with forces against those Earles , but hauing receiued of them an ouerthrow in a set battaile at Genliuet , the King himselfe ( after many tedious and difficult iourneies ) comes thither , and there suffereth the Ea●le Huntlies Houses at Strathbolgie , Slanie , and Newton , to be quite demolished . Shortly he brought the Earles to that passe , that Huntley first withdrew himselfe to his Aunt , the Countesse of Sutherland , and afterwards was compelled to bee gone into France , and the rest to change their soile . And so it came to passe , that the mutuall good will that was betwixt the Queene and the King of Scotland , his setled constancy in Religion , which could neuer be battered , by the meanes , the prayers , the promises , or the subtill practises of the Papists , the seuere lawes against the Iesuites , and men of that faction , the punishment maturely inflicted on Graham Fentree , one of the fauourers of the Spanish party , the supreame authority in spirituall matters conferred vpon the Prince by Parliament , and their mutuall endeauours against the growth of Papistry ; all these ( I say ) did so shake the very hopes of restoring Romish Religion in England , and in Scotland , which the Iesuites had long conceiued , that some of them began to deuise new plots , and to try ( since they could not immediately estate their Religion in its former honour ) if they ●●uld at last estate some Professour of the Religion in the ●●rone of England , which so might both countenance and protect it . But ( when the disagreeing multitude of them could not meet vpon one person fit to their purpose , a great while ) at last they reflected vpon the Earle of Essex : in whom , ( although he were no Romish Catholike ) yet they expected a well-qualified temper of Religion , because his clemency draue him to a perswasion , that in case of Religion men should not suffer death . The right of inheritance which they ●eigned for him , was drawne from Thomas of Woodstock , the Son of Edward the 3 , from whom hee descended . But the runnagates and fugitiues stood hardly for the Infanta of Spaine , although they feared that the Queene and the Court of Parliament would preuent that , by making euery one take the oath of Allegiance . Not long after came a booke out , dedicated to the Earle of Essex , vnder the belyed name of Dolman , but not without the notable malice of Parsons the Iesuite , against this Dolman a Priest , but of a milder disposition , ( if I may beleeue the Priests : ) for the Authors of that booke were Parsons , a maine enemy to Dolman , Cardinall Allan , and Francis Inglefield . In this booke , ●etting at nought the right of Birth , they only discourse of changing the Lawes of the Realme , allowing hereditary succession in the Kingdome of England , of bringing in a new manner of election : and lastly , that no man should be admitted King , of what neernesse in bloud soeuer he were of , except he were a Roman Catholike . In the same , they most contumeliously traduce most of the Kings of England , that many were not Legitimate , or at least vncapable of the gouernment of the Kingdome . Besides , they teare to pieces the most certaine Right of the King of Scotland , and seeke to deriue the Right of succession vpon the Infanta of Spaine , because she was a Roman Catholike . But oh , I am amazed to say how falsly it was affirmed by such as they were , since the lips of the Priests should preserue knowledge , and since they should stand , hauing their loynes girt with truth . The colours that they vsed for her right , were many . First , Because she ( as the Booke saith ) descended from Constance the Daughter of William the Conquerour , from whom she drawes her pedigree . This Constance was wife to Alane Fergant Earle of Britaine : yet notwithstanding , Gulielmus Gemeticensis ( one that liued about that time ) in his last Booke beareth witnesse , that this Constance died without any Issue : and so say all our Chroniclers of Britaine , with one accord . Secondly , Because she drawes her parentage from Elenor the first-borne of King Henry the second , married to A●phonsus the ninth King of Castile . But , that not Ele●or , but Matilda wife to H●nry Leo Duke of Saxony , the Mother of Otho the fourth Emperour , was the first-borne to the said Henry . Pope Innocent the third will giue vs to vnderstand , as it is in Mathew Paris pag. 381. whom also Robert Abba● de Monte Michaelis , who was her Godfather , writes to haue beene borne in the yeare 1162. Thirdly , Because she descends from Blanch the first-borne of the said Elenor : and this both Rodericke Archbishop of Toledo , booke nine , chapt . fiue . And Pope Innocent , who should better be beleeued , that liued in the same time , denie as false . Fourthly , Because she was descended of Beatrice the Daughter of Henrie the third King of England ; and in the meane time , they forget that she had Brothers two , Edward the first King of England , and Edmund Earle of Lancaster ▪ from whom ( besides those of the Royall Family ) sprang a whole nation of Nobles in England . Fiftly , They deriue this right of the Infanta , from the Portugall Familie ; as also from Philip the Daughter of Iohn of G●unt Duke of Lancaster ▪ whom they say was the first-borne by his former wife Blanch ; when as for all this ▪ Frossard ( that liued at the same time at Court ) in 169. page of the second part , demonstrates vnto vs , that Elizabeth married to Iohn Holland , who was afterwards Duke of Ex●t●r , was the first-borne . But we haue sufficiently refelled these Genealogicall phantasies , which were bred out of the vaporous crudities of treacherie , wherewith that Booke much aboundeth . But yet cannot but wonder , that these men should be so vnmindfull of their owne profession , scorning both the authority of the Councell of Trent , concerning auoiding all secular affaires and occasions ; as also of the Toletan Councell , and their own Lawes but the very last yeare at Rome newly reuiued ; onely to curry fauour with the Spaniard , to abuse simple men , to strew the way for tumultuous insurrections , to prouid● Ladders for the ambitious , though to their owne ruine , and to offer violent ha●ds to the Truth , making their Religion the cloake for all their ●reason . Nay , in the conceit of this new made Right of the Infanta , some of them went so farre on , that they compelled the English Priests in their Spanish Seminaries , to subscribe to this Right of the said Infanta ; if we may euen beleeue themsel●es that related it . These things , whatsoeuer Parsons the lesuite thought they would effect , yet after all failed , and that Iames of Sc●tland , was proclaimed King of England after the death of the Queene ; then hee stroue to excuse the matter in Letters to most of his Friends , as if so be , that those words in his Book against the right of the King of Scotland , had not beene spoken of him , out of any ill will , or desire any way to hurt the King ; but onely out of an earnest desire he had to bring the King to the profession of the Roman Ca●holike Religion ; also , he thought that it would serue well enough for his excuse , that those iniuries hee offered the King were not preiudiciall to him , because they tooke no effect ▪ But whilest these Turne-coats faine to themselues a false H●ire in Spaine , God ▪ that laughed at their de●ises , raised vp to Iames of Scotland the true Heire , a Sonne that might also haue beene his heire . For on the 19. of February was borne to him Henry Prince of Scotland , the loue and delight of Britaine : whom Queene Elizabeth in an ●onourable Embassage by Robert Earle of Sussex was Godmother to . Now as the learned sort of our English 〈…〉 studied to enthroane the Spanish Infanta in the 〈◊〉 of Engl●nd by their writings : So some of them tooke the nearer way of murther ; hauing sent ouer priuy murth●re●s to 〈◊〉 ● way the Queene . The Spaniards on the other side they 〈◊〉 with poyson : but much suspecting the truth of the English , thinking the Nation affoorded none so cruell against ●is Princesse , they made vse of Roderike Lopez a Iewish S●ctary ▪ and a Houshold Phisit●on ●o the Queenes Court ▪ and 〈…〉 of him , but also of S●●phan F●rreira Gama , and Emanuel Lowise , Portugalls : for at that time many Portugalls vnder the pretence of their banished Anthony , crept here into England . They hauing beene apprehended , by reason of some of their Letters that were intercepted , and being accused towards the latter end of February , both confessed that they conspired to make away the Queene by poyson . Lopez being of a well-tried honesty , and neuer suspected , confessed voluntarily that he was thereunto induced by Andrada a P●rtugall , to doe so much seruice to the King of Spaine ; that also he had receaued from Don Christoph●ro de Moro one of his intimatest Counsellours , a very pretious Iewell , who as fast as he could learne any thing from him , still enformed the Spaniard of it , till at last the agreement was made , and for 50000. Crownes he promised to poyson the Queene ; and that he had certified the Conde de Fuentes , and Ibarra , Secretary to the Spaniard in the Low Countries , as much as that came too . Stephano Ferreira confessed that the said C●nde de F●entes and I●arra ▪ had certified him indeed both by Letters and Colloquies , that they were putting their counsell in practise , of taking away the Queene by poyson : that he himselfe wrote Letters , as Lopez dictated them , wherein he promise● to do it for 50000 Crownes ; he confessed also , that Emmanuel Lowise was sent ouer from the said Conde de Fuentes , to hasten Lopez to make an end of the matter . Emmanuel confessed that , hauing taken oath to conceale all his counsell , Conde de Fuentes shewed him Letters which Andrada the Portugall had wrote in Lopez's name concerning the making of the Queene away : also that now he was sent from him , that he should deale with Ferreira and Lopez , about the hastning the Queenes death , also to promise both money to Lopez , and preferment to all his children . Lopez brought forth , , said but little : but , that Ferreira and 〈◊〉 were nothing but composed of deceit , & lying : that he neuer thought any hurt against the Queene , but alwaies hated the gift of that Spanish Tyrant , that hee gaue to the Queene the Iewell sent him by the Spaniard , that hee neuer intended more then to deceiue the Spaniard , and cousen him of his money . The rest said nothing for themselues , but continually accused Lopez , so that they were all three condemned , and within three moneths after hanged at Tyburne , Lopez still professing that hee loued the Queene as well as Christ Iesus ; which being spoken by a Iew , as it was , was but onely laughed at by the people . The day after these were condemned , one Patricke Culline an Irish Fencer also was condemned ; and one that being burdened with great promises , and hauing money for his trauaile by the way , giuen him by the turne-coats in the Low Countries , promised to kill the Queene ; he , his fault being in a manner knowne , and proued by some tokens and signes , being ready to die with fainting , suffered the like punishment , as those before . Then also were apprehended Edmund Yorke , and Richard Williams , both hired to kill the Queene , by Ibarra , and suborned to that also by the turne-coates in the Low Countries , and more incendiaries also to set the Queenes Nauie on fire with balles of wild-fire . Thus did these miscreant English turne-coates , as well Priests as others on the one side , conspire the death of the Queene ▪ out of an vngodly opinion , and almost now inbred in them , that Princes that were excommunicated were to be rooted out : and the Spaniard on the other side , out of an inbred hate which they bare alwaies against her . But she neuer fearing , but of a manlike vertue , and wary carefulnes , relying vpon God , contemned all these trecheries and treasons : and euer and anon would call to minde the words of the Kingly Psalme-writer , Thou art my God , my times are in thy hand . And as she was carefull for her owne safety , so she was diligent in others too : for she informed Ernest Arch-Duke of Austria , Gouernour of the Prouinces vnder the Spaniard in the Low Cou●tries , that the like treacheries were also laid by Ibarra , and other seruants of the Spaniard , and runnagate English , intreating him besides , to signifie to the Spaniard , that he would blot out the very thought of this wickednesse from any way appertaining to him , by punishing his seruants that stroue to attempt the same : and by giuing vp into her hands againe , the English Architects and chiefe compilers of this wickednes , to wit ▪ Hugh Owen , Tho. Throcmorton , Holcot a Iesuite , Giffard & Worthington Diuines , lest that otherwise hee but deceiue the good estimation and honour which hee hath among the people , whilest hee shall nourish with him such wicked creatures . And lest that hee might require also Don Antonio Perez , of late Secretary to the Spaniard , who had now flowne ( by reason of vproares he raised in Arragon , ) and lurked in England : She protested that hee was sent by the French King into England to his Embassadour against her knowledge ; and that she neither did , or euer would relieue him either with her pension , or protection . And certaine it is , that neither she , nor Burghley Lord Treasure● would so much as speake with him , that against his oath had reuealed the secrets of his Prince : yet indeed , the Earle of Essex gaue him entertainment , and supplied him with great cost , making vse of him ( as an Oracle ) that was so well skilled in the secrets of the Spanish Court , and that was a man of an excellent wit and wisedome , who notwithstanding ( as most commonly such king of men alwaies are ) was so tossed vp and down by fortune , that he bestowed vpon his Picture nothing but this Motto : THE MONSTER OF FORTVNE . And now by this time in France that boisterous fury of conspiracy that had ranged through France eight yeares , a little more or lesse , began to cease a little . For when as the King by his forces had much much empaired the strength of the Leaguers , & seuered their forces by his sleights which he vsed , and the last yeare hauing embraced the Roman Religion , had his Inauguration solemnized the beginning of this yeare , many of the Nobility being reconciled by great promises againe returned to a dutie to him . Others would not , but vpon condition , that they alwaies might enioy those offices , which now they possessed , for them and their heires , according to the courtesie of Hugh Capet King of France , who to get the good wills of all his Nobility , gaue their offices hereditarily , to them and their heires . Now many of the rebellious Cities were yeelded vp , and many sodainly seazed on : Paris it selfe ( the King being priuily called in ) yeelds to him , with the great ioy of the Citizens , and hence was the break-necke of the Spaniards hope of ioyning to them the French Kingdome by the marriage of the Infanta with the Duke of Guise : for now they themselues were glad to depart out , bagge and baggage ; and not without foule scoffes from the French , that now had learned a little more wit. But when those Spaniards which had beene called in by the Duke of Merceur into Britaine , continued still in their resolutions , and strengthened the Sea-coasts , the better to maintaine their possession . Captaine Norris that had beene sent for ouer to enforme the Queene of the affaires of Britaine , was sent backe again with Commission , that he should assault the Spanish Fort at Crodon , neere to the Hauen Brest , and he arriued at Pimpole with a new Band of men , on the Kalends of September . At which time Marshall D'Aumont and Thomas Baskeruile , that in the absence of Norris commanded the English forces , besieged Morlay , and vpon the returne of Captaine Norris , had it yeelded to them . Yet for all that , although it were before agreed by the French Embassadour in England , that if it were taken it should serue for a retyring place to the English , Marshall D'Aumont to preuent that , made it one of the Articles of their yeelding , that none but Roman Catholikes should be admitted into the Towne . After that the Marshall and Norris hauing taken also Quinpercorentine , both French and English set forward to the Spaniards Fort at Crodon , on the Kalends of Nouember , and there Martin Furbisher expected them in the Bay with ten English men of warre . This Fort on two sides is washed round with the water ; and on the Land side there are two great Fortresses , betweene which there runnes a wall that is full seuen and thirty foot broad . Within is a very thicke Countermure , and Rockes defend the Fortresses vpon the ●ide , whereon there are placed peeces of Ordnance . The English and French men heape vp Bulwarkes , and entrench there , where the Fortresse lookes towards the Land. The Spaniards rusht out once vpon them to hinder their proceedings , but they quickly retreated in againe ; there Anthony Wingfield Serieant Major of the English forces , a famous old Souldier , hauing made his Will but the day before , being shot cleane through , died vpon it . Vpon the 23. day of the moneth 700. shot from their Ordnance made a small gap in the wall , and threw downe their Inclosures against the wall , which Lister an Englishman presently seazed vpon . But when the valour in the cheerefull assaulter was not greater then the firme resolution of the stubborne Defendants , there were many slaine , Bruder , Iackson , and Barker , Commanders of great note : many wounded , and many dangerously blowne vp with wild-fire . There were many in England that accused Norris for being too prodigall of the English bloud , in hazarding it euen rashly vpon all dangerous occasions . Surely , the Queene ( o●t of her inbred mercy and fauour ) commanded him by her Letters , that hee should more regard the safety of her Souldiers , then his honour . That in these assisting warres he should not put them vpon certaine destruction ; that he should not prodigally waste mans bloud ; that the forward boldnesse of some hot spirits is rather to be kept vnder , then to be cast vpon apparant danger ; then should his wisedome be thought lesse wanting by many men , then should not his vnmercifulnesse be condemned by all , but both his and the Queenes loue of the English bloud , be sufficiently praised . But these Letters came too late . The Siege growing hot , it seemed good to D'Aumont and Norris , to vndermine the Easterne part of the Fortresse , where the French men had beene dealing , and that succeeded happily , for they made a gap in the wall big enough in conscience , and now they set vpon the Fortresse on euery side ; Latham , Smith , & other English Cap●aines , setting vpon the Westerne part thereof , whilest the French men set on the Easterne , and others the Wall betweene , from noone till foure of the clocke , at length the English enioyed the Westerne Fortresse , and hauing slaine Thomas de Parades , the Gouernour thereof , entring the Fort , they snatched their Colours , and made a passage for all the rest ; and there they slew about foure hundred that lay in Garrison ; they razed the Fortresse to the ground , euen the very same day that Don Iuan de D'Aquila came to bring them aide . Neither was this Victory purchased by the English without losse of bloud , for many valiant men were wanting , and Martin Fourbisher was shot in the hip with a Bullet , and hauing brought backe his Nauy to Plimouth , then died . Not very long after , it being found out , that there came some Spanish Commanders into Ireland , to stirre vp a rebellion there , Norris was recalled from Britaine , the ships that should haue brought him ouer , hauing arriued at Morlay , were forbid entrance to the Hauen , insomuch that they were compell●d ●o trust to the courtesie of the Sea , and a Wintery cold Ha●en , and at length to arriue at Rusco , no very sa●e Bay for them . The Queene ●ooke this ( as she might very well ) wonderous ill at Marshall D'Aumonts hands , that he should denie Morlay Hauen for her ships , when according to their owne conditions , he did owe the very same place to the Auxiliaries of England , assoone as it yeelded . And not in France onely , but euen in the most seuered part of the world , America , did the English warre against the Spaniard : for Richard Hawkins ( sonne to that famous Nauigator Iohn Hawkins ) hauing free leaue and license ( vnder the great Seale of England ) to molest the Spaniard in those parts of the World , with three ships , and two hundred Sea-men , set forth for Sea the last yeare . His first landing was at the Island of S. Anne , where whilest he refreshed the fainting spirits of his Marriners , the least ship of the three was ( by chance ) fired . He tooke a Portugall ship ; and the fame of him spreading out to Peru , the Deputy thereof ●urnisheth his Nauie to surprize him . Afterwards ( by reason of a great tempest ) one of his two ships returned home , but not without the punishment of the Master of it . Hawkins being now left alone , was taken away from shore by force , and carried to the latitude of fifty degrees ; where he lighted on a fruitful , woodish , and a Land very full of Hauens , holding out in length some threescore Leagues from the West to the North ; which he passed by , till such time that the winde blowing him backe againe , he was cast vpon the streights of Magellan , about the end of Ianuary this yeare , which he found to be nothing but an Ocean full of Islands ; yet he came as farre in it as to the breadth of six and fifty degrees . After that he had spent a mo●eth and a halfe amongst these Islands , and had wandered vp and down according to the vncertaine motions of the same Sea , not without much and great danger , with great paines at last he got into the open Sea. And now ●ayling by the Chiline shor● in the Southerne Sea , at Villa-Parissa he seized on fiue ships laden with Merchandise ; he tooke away one of the● , and the Pilot ; but dismissed the rest vpon the paiment of 2000. Ducke●s , when they indeed were valued at more then twenty thousand . Afterwards at Arica , he was assailed by Bertrand à Castro , who with eight ships was sent out by the Vice-Gerent or Deputy of Peru , to that purpose ; but first his munition , furniture , and tackling for sayling being somewhat scant , he ventred on him , to his owne losse ; but afterwards being better prouided , he assailed him againe in the Gulfe Attacame , but with no better speed , for they fought hand to hand very fiercely , many being slaine on both sides : insomuch that the Spaniard thought it better to skirmish a farre off , and to play vpon them with their Ordnance . Which when they did three dayes without ceasing , Bertrand senta Gloue , and in the name of the King profered their liberty to Hawkins and his followers , if they would yeeld vp vnto him . This condition they ( all being sore wounded , and vnequall for longer skirmish ) did accept , which they found also fulfilled ; for Bertrand vsed them very courteously . But there arose a question notwithstanding , whether ( or no ) this promise were to be kept , because it was questioned whether Bertrand ( who was not delegated Generall immediatly from the King , but mediately from his Deputy ) could make such a promise to Hawkins , who had receiued immediately his authority from the Queene . But at length they all fell into this opinion , that the promise made in the Kings name should be kept , since that Hawkins was no Pirate , but a lawfull enemy ; neither would they that the Spaniard should vse any other martiall Lawes in the Southerne Seas , then what were sutable to the rest elsewhere . But yet for all this , ( and although that Bertrand to the praise of his honesty , much endeauoured that his promise might be fulfilled ) was Hawkins sent into Spaine , and kept prisoner there some few yeares ; for it seemed good to the Spaniard to vse this seuerity , that hee might fright others from attempting those Seas againe . But at last the Duke of Miranda ( President of the Councell ) gaue him his dismission , vpon consideration , that such promises made deliberately by the Kings Commanders , should be kept , because that otherwise no body would euer yeeld . But in the other part of America , Iames Lancaster that was sent out with three ships , and a Brigandi●e by the London Merchants , whose goods the Spaniard had lately laid hands vpon , had farre better fortune against them . For hee tooke 39. Spanish ships ; and hauing associated to himself Venner an Englishman , some Hollanders , and some French , that lay about expecting some prey in those Seas , hee determines to set vpon Fernambuc in Brasile , where hee vnderstood there had beene vnladed great treasure out of a Caracke that shipwrack't comming from the East Indies . But when hee saw the enemy flocke in multitudes very thicke to the shore , he chose out some of the English , and put them in the ship-boates ; and rowing with such violence that they brake the Oares , the Boates ran a shoare , a successe tr●ely as happy as the counsell was valiant . For by their valour the enemies being drouen to the vpper Towne , hee enjoyed the lower Towne and the Hauen ; defending the same thirty whole dayes against all their crafty and deceitfull assaults ; and refusing all parley , he frustrated all their fiery machinations against his ships , and at last laded some fifteene ships with the wealth of that Caracke we spake of , with Sugar-canes , Brafil wood , and Cottens , and then returned safe home . I know not whether or no this may be worth remembrance , except to the instructing of more ambitious mindes : at this time Sir Nicholas Clifford , and Sir Anthony Shirley deserued so well in the warres of France at the Kings hands , that hauing giuen them their oath , he made them Knights of St. Michael : which when they somewhat gloried too much of in their owne Countrey , the Queene being discontented , that they had taken such honour from a forreigne Prince , without notice giuen to her , as if they had beene not hers but his Subiects , committed them both to prison . But yet ( out of her mercy ) she would not let the Law passe vpon them , both out of a respect to their youthfull folly , and her good will to the King of France that bestowed it . But shee commanded them both to resigne them vp againe , and send backe their honour againe . Which when the French King heard of , he was reported to haue merrily sayd , That the Queene may be euen with me ; I wish the would make some of my ambitious subiects with her , Knights of King Arthurs round table . For as that Order hath beene worne away long since in Ballades , so hath this of S. Michael degenerated into a contempt : Insomuch that a Noble French man sayd , that the chayne of S. Michael was once a badge of Noblemen , but now a collar for all creatures . About this time Cardinall Alan died at Rome , commonly called the Cardinall of England . He was borne in the County of Lancaster , of a good family , which in some of the kindred , conteyned some of the nobler sort . Hee was brought vp in Oriall Colledge in Oxford , where in the time of Queene Mary he was Proctour of the Vniuersity , and afterwards made one of the Canons of the Church of Yorke . Assoone as the alteration in Religion began , hee changes his country for Doway in Flanders , where the Vniuersity beginning in the yeere of Grace 1562. hee professing of Diuinity , was made one of the Canons Regular of the Church of Cambray . He tooke order that a Seminary should bee prouided for the English at Doway ; and afterwards another at Rhemes ; where also he was made Canon . Hee ordeyned a third at Rome for the English : besides two more in Spaine , to preserue the Roman Religion in England ; out of zeale to which , he had put off both his loue to his country , and his obedience to his Prince : he incensed the Spaniard and the Pope of Rome , to assault England . And to that purpose adioyned himselfe to all pernitious con●ultations about that matter , after that Pope Sixtu● Q●intus had bestowed on him the title of Cardinall of S. ●●rti● in Montibus , and the 〈◊〉 gaue him an Abbacy in the Kingdome of Naples , and nominated him Archbishop of Machline . When the Bull of excommunication against the Queene , at that time that the great Nauy was prouided for England , came forth , hee brought it into the Low Countries , & caused it to be printed in English. Withall he wrote an Admonition to the Englishmen , that they should sticke to the Pope and Spaniard ▪ But being deceiued of all his hopes , he returned againe backe to Rome , where being wearied with the discords , hatreds , and dissentions of the English Run●awayes , both Schollers , and Nobles ; at l●st he dyed , being of the age 63. yeares . He was buried in the English Church , called by the name of the Trinity . In his time hee wrote in Latine a Booke concerning the Eucharist ; and in English , an Apology for Seminaries ; and another for English Catholikes ; another for William Stanley , who had betrayed 〈◊〉 to the Spaniard ; besides the admonition we spake of , and a book● about Purga●ory ; neither haue I seene any other . About this time too , died Iohn Piers Archbishop of Yorke , a great Diuine , and yet a modest one , who was long time , Almoner to the Queene . Matthew Hutton being remoued from the Bishopricke of Durham , succeeded him . Ferdinand Stanley Earle of Derby , he whom we spake of before in the last yeare , euen vpon the beginning of this yeare died in the prime of his youth , but not without suspition of poyson , ●auing beene miserably afflicted with cruell paines , and casting vp stuffe like the colour of rusty Iron . In his chamber was found a little Image made of Waxe , with the belly of it thrust through with haires , iust of the colour of those of his head ▪ which was layd there ( as the wiser the● thought ) to remoue the suspition of po●soning him away ▪ and father his death vpon the art of Wi●chcraft . That which in his sicknesse he cast vp by vomiting , so distayned his fee● with a 〈◊〉 colour , that they would neuer be 〈…〉 were wrapt vp in Seare-cloth , and couered with Lead ) did so flow with corrupted and stinking humours , that no man in a long time durst come neere his buriall place . There fell no small suspition of his death vpon his Horse-keeper , for , assoone as the Earle was once dead , he fled away with one of his best Horses . William his Brother succeeded him in the County of Darby , betweene whom and the three daughters of the deceased Earle , when there arose a contention , to whom the Dominon of the Isle of Man belonged , the Queene well considering that the English run-awayes and the Spaniard , did still cast an eie towards that Island , committed the gouernment thereof to Sir Thoma● Gerard , both by reason of his approued honesty , and proximity . But whilest the new Earle and the three Sisters were at law about the Right to that Island , the Queenes Lawyers ( being of a most quicke-sighted craftinesse ) found out of their points of the law , that the Right of that Island belonged to the Queene ; and that the Stanleys , and the Earles of Derby , had without any iust right possessed the said right of that Island , this two hundred yeares . By reason that they alleaged ( that we may heare all from the beginning ) that assoone as Henry the fourth had seized vpon this Kingdome , William Scroope then Lord of the Isle of Man being banished , Henry the fourth gaue the same to Henry Percy Earle of Northumberland . This Henry some six yeares after fell into a rebellion . Hereupon ( the yeare then following ) the King granted it by Letters Patents to Iohn Stanley for his life time ; before the Earle o● Northumberland had beene banished by act of Parliament , of his goods confiscated to the King. Within a moneth the King and the same Stanley agree , that those former Letters Patents for his life time , and other things granted to him by the King , should be restored againe , and cancelled , and the Island againe granted to him and his heires vnder this forme , We , for and in consideration that the said Iohn Stanley hath restored to Vs againe Our Letters Patents , into the Chancery , to be cancelled , haue granted vnto the foresaid Iohn , the foresaid Island , &c. Out of these words , and well obseruing the circumstances of time , that those former Letters Patents were granted for his life , before that the Earle was banished , the Lawyers pronounced that the King could not giue the Island away for his life , because as yet it was not attributed , or iudged fa●ne into the hands of the King : and then consequently , that those latter Letters Patents , which altogether consisted vpon the restoring of the former , were of no force ; saying , that the King was deceiued by a false suggestion , and that therefore his grant was voide , and of no vertue . But the Queene for all this yeelded vp her Right in it , and an agreement was made betweene the Vncle and the Nieces . Also , about this time Gregory Fienis , or F●nis , Lord Dacres , the last of that name , and therefore not to be forgotten , changed this life for a better , he was of no weake capacity , the Nephewes Nephew of Richard Fenis , of the ancient Family of the Earles of Bon●nia ; to whom Henry the ●ixt , and Edward the fourth , gaue the title of Lord Dacre , because he had married the heire female of Thomas Lord Dacre . Hee was sonne of Thomas Lord Dacre , who died in the reigne of Henry the eight , when he was scarce 24. yeares of age . For when as there was a murther committed by some of his Familiars that were a going with him a hunting , ( although he were not present at it ) yet hee was ca●led into question , and being perswaded by some Courtiers ( that cunningly lay gaping for his inheritance ) that he could in no manner saue his life , vnlesse he would confesse the fault , and submit himselfe to the mercy of the King : which when he indiscreetly had done , he was forthwith condemned , and the day after executed . But yet the Courtiers that had so gone about the bush , were deceiued of their hopes , for the inheritance fell by law vnto his Sister Margaret , that was married to Sampson Lennard , and the Lordship confirmed vpon the said Lennards sonne named Henry . Neither are they to be omitted , who followed in the expiring of their mortality , William Lord Euers , hauing left Ralph his sonne and heire by Margery Dimocke . Giles Lord Chandos , who dying without issue male , left his Brother William his successour . Lastly , William Blunt Lord Montioy , hauing too much weakened his body by his vntemperate youthfulnesse , to whom succeeded his brother Charles gouernour of Portsmouth . In August next Sir William Russell the youngest Sonne of Francis Earle of Bedford , was substituted in the Lord Deputy of Irelands place , William Fitz-williams hauing beene called ouer , after that Henry Duke , and Edward Herbert , who were sent with victualls , prouision , and auxiliary forces to succour those that lay in Garrison in I●iskelline , who were besieged by Mac-Guir , were vanquished with no little losse by these Rebels . And assoone as Sir William had receiued the sword of authority , Tir-Oen , beyond all expectation , hauing receiued a Protection , comes vnto him , falls downe at his knees , humbly begs pardon for his faults , in that when he was commanded he came not vnto the former Deputy ; excusing it , by reason that his aduersaries lay in wait for his life , and much lamenting that he had lost his fauour with the Queene , not by his desert , but their false informations ; for the Queene he held most benigne , and most liberall vnto him ; whom , as she had raised vp to the height of honour , so she might as easily thrust him out of Ireland . He entreated that the sincerity of his cause might be paised in equall ballances , and that hee would obey whatsoeuer was commanded , hee largely promised to him ▪ either in raising the ●iege at Iniskelline , or in driuing the Scottish Islanders out . He called to witnesse both God and men , that although his forward nature had led him into some defence for his life against his enemies , yet that he would neuer take Armes against the Queenes Maiesty . Lastly , he vehemently besought the Deputy , and all the Couns●llours of Ireland , that they would make intercession to the Queene for the recouery of his lost fauour . But Bagnall Marshall of the Irish Army being there present , exhibited articles against him , accusing him , that by his meanes Mac-Guir , and Gauran the Priest , Primate of Ireland made by the Pope , came into Conaught ; that hee had secret consultations with Mac-Guir , O● Donell , and other Rebels ; that he ayded them in wasting the Countries of M●naghan , and in besieging Iniskelline , by Cormac Mac-Baron his Brother , and Cone his base-borne Sonne ; that hee had withdrawen by threatnings from their loyalty towards the Queene the Capt. of Kilut , and Kilwar●y . Hee most resolutely denied all this ▪ and as one much presuming on the safegard of his whole and vndefiled conscience , hee proffered to renounce the vertue of his Protection , if these things obiected against him , could be proued . Hereupon did the Counsellours seriously canuase the matter , whither ( or no ) they should detaine him to make him come to triall . The Deputy iudged it fit he should be detained ; but the rest ( either out feare to violate that priuiledge of his Protection , or out of some good will towards him ) iudged that he should be now dismissed , and the matter deferred till another time . To which sentence there being the major part on that side , the Deputy vnwillingly condiscending , he was dismissed , neither his accusers or his witnesses being heard . But it somewhat troubled the Queene , who knew that euery one knew of his wicked consultations , and more wicked offences that lay open to all mens eyes ; and the more it troubled her , because shee had admonished before hand , that he should be detained till he had cleared himselfe of his obiected accusations . The Earle Tir-Oen ( at his dismission ) gaue indeed great hopes to the Counsellours both of England and Ireland , that his seruice should be most faithfull to the Queene : readily promising to do whatsoeuer almost they proposed vnto him ▪ to wit , as to hinder his Brother Corma● from assisting Mac-Guir , and the other Rebels ; to driue out the Scottish Islanders , as well as he could , out of Ireland ; to perswade O-Donell that he would doe the like ; to defend the Borders with his wing of Horse in the absence of the Deputy ; to see the orders fulfil●ed concerning prouision for victuals ; to build a Gaole in Dunganon ; to admit of a Sheriffe and Iustices in Tir-Oen vpon certaine conditions ; and to command Turlogh Mac-Henry vpon his oath , not to suffer any Scottish Islanders to come into Ireland . Not long after the Deputy being gone to free Iniskelline from the siege that lay at it , hauing put to flight the Rebels , furnished it with all manner of prouision , and also strengthened the Garrison . Then he fiercely disquieted and troubled Feagh Mac-Hugh rebelling in Leinster , and hauing but gone out as it were a hunting , he wanted but little of taking him . He droue him from his House at Bullencure , into almost vnaccessable Valleys , which they call the Glinnes ; and there he set a Garrison , and sending out some troupes to search out these desart passages , where there was no way for a man to come to them almost , they went so 〈◊〉 to worke , that there seldome passed by a day , but they sent in ( after the fashion of the Countrey ) some heads cut off from the Souldiers of the Rebels : they tooke Rhise the wife of Feagh , more then of a womanly courage ; who , 〈◊〉 ●●●●●ght the rest , was adiudged to be burnt ▪ but the mercy of the Queene out● stript the seuerity of iustice , and her life was saued . On the otherside Marshall Bagnall hauing beene sent by the Deputy , did raise the siege laid by Mac-Guir and Mac-Mahon , at Monaghan Castle , and he placed there a new band of Souldiers . The Lord Deputy , hauing diuers times ●ought to haue Tir-Oen ( whom he lately dismissed ) come againe vnto him , although he sent most courteously for him ; yet he could by no meanes induce him to it . For first , he made as if he stood in feare of the Marshall , that came on the errand ; and afterwards much vnmindfull of his dutie , hee began proudly to talke of truce and peace , ( which indeed a King doth not willingly heare of from the mouth of his Subiect ) insomuch , that men exceedingly meruailed , to see how much hee was changed and altered from that humblenesse , wherein he lately submitted himselfe to the same Lord Deputy . THE EIGHT and thirtieth Yeere OF HER REIGNE . Anno Domini 1595. ANd now both the Queene , and all England with her , greatly reioyced , to heare of the well approued good will of the King of Scotland , and his earnest desire and endeauour to keepe Peace : For , he newly set forth a Proclamation , whereby he commanded that there should be a Mustering throughout all Scotland , to resist the Spaniard , whom he heard had prouided a great Nauy for the destruction of all Britaine . And that they might with greater ease , and better successe resist him ; he exhorted his especially , that aboue all things , they lay aside their priuate enmities and discords , and bend themselues to the publike good of the Commonwealth . Hee seuerely commands the Borderers ( some whereof hauing beene baited and taken with Spanish gold , had burst out into England , preying all about , on purpose to breake the League betweene England and Scotland ) not onely that they shew themselues not as enemies in any occasion ; but moreouer , that with all their endeauours they preserue the frienship , which the neare kindred betweene both Princes , the profession of the same Religion , and the likenesse both of Language and Manners , had vnited and conioyned . The Queene sets forth her Proclamation , euen to the same purpose . And when any iniuries were offered on either side , it was agreed vpon , that there should be Delegates on both sides , to know the matter , that both Iustice and Peace might be still preserued . In the second moneth of this yeare , Edmund Yorke Nephew to him that betrayed the Fort at Zutphen , and Richard Williams , who had beene apprehended the last yeare ( as we said ) now suffered at Tyburne for Treason . Yorke confessed that Holt a Iesuite , Hugh Owen , Iames de Francesco , and others , proffered him an Assignement of 40000. Crownes , that was sealed by Ibarra the Spaniards hand , if he himselfe would either kill the Queene , or assist Richard Williams in the fact . That this Assignement lay in Deposito , in custody to be deliuered vp by Holt , hauing kist the holy Hoast , and swore to deliuer vp the monies , assoone as the murther was committed : that withall he bound both Yorke and Williams to commit it by receiuing the Sacrament , and confirmed it with their oaths taken . Certainly , notable was the villany of these times , when sometimes these English runnagates would excite murtherers ; and sometimes villaines ( thirsting after gaine ) would proffer themselues to commit that murther , and being once hired with mony , would be●ray it . Some vnfaithfull to themselues , as if they were about some other matter , would bring the rest to destruction ; being indeed so intangled with mutuall deceits , that sometimes they were faine to burthen others with false lies , to make their owne storie good . The King of France by this time had resolued to denounce warre against the Spaniard , by reason , that hee had imployed all his endeauors to translate the Scepter of France , and had stirred such dolefull commotions in France . This thing hee certifies the Queene by Letters of , withall entreating her to aduise him how they might follow the warre against him : complaining , that the recalling of the English out of Britaine , was very hurtfull to him , and would be very commodious to his enemies . The Queene , much commending his resolution of denouncing warre against the Spaniard , wishing him all happinesse in the prosecution of it ; withall , certifying that she had so openly wa●●ed against the Spaniard , both by Land and Sea , and that also in the Low Countries , Spaine , Portugall and America , that the whole world may beare record of it . And if so be that hee would doe as much too by offensiue warre , which he had already done by defensiue , the Spaniard could not be able to hurt either of them . Answering also , that the English were necessarily recalled from Britaine , because the rebellion grew very thicke in Ireland ; besides , that the English were to tarry there no longer according to the couenant , because the Spaniards were then remoued from the Fortress● at Brest ; then complayning that they were very ill vsed , that the ayd that was promised neuer came to ioyne ; and that Morlay which was promised to be a retyring place for them , was not giuen them to that purpose . Assoone as the Spaniard and the French King had sounded the Alarme for warre , a dolefull warre raged about the Dutchy of Luxenburgh and Picardy ; Castelet and Dourlans were taken by the Spaniard : and Cambray by him besieged . Cheualiere of the Kings Counsell , being sent ouer into England , demands auxiliary forces to be sent ouer into Picardy within 15. dayes after the date of the Letter , when as hee himselfe had spent 12. of them in his iourney , and had left but three dayes to muster them , and transport them . Yet without delay there were forces mustered , which should be sent ouer ( if need were ) to Calis , Bulloig●e , Diepe and the Sea coasts : and this the Queene certified the King of France of by Sir Roger Williams , and the Gouernours of these forenamed Townes . But when those of the Kings Councell in England vehemently vrged , that some Subsidie or ayd● might be sent ouer , to rescue and succour the French , there was no definitiue answer made , because they neither mentioned what number they would haue , not to what end . And now flew a rumour about , not secretly stealing from mouth to eare , but openly , and by the tongue of all the parts of Britaine , that the Spaniard had put from shoare with a mightier Armie then that he had before , with intent to inuade England . Hereupon , round about the Sea coasts there was a Muster made of choyce men , that should lye at watch and ward vpon the shoare ; and also two Nauies furnished , one to goe against them in the British Ocean ; and the other , for America , vnder Hawkins and Drake . Euery man prouided himselfe , and buckled against the warre ; most complaining , that so many valiant men , that might now haue done their own Country good seruice ; and also that so much mony had bin lost in France , ( for the expedition for Brest by Sea , stood the Queene in about Forty seuen thousand , two hundred forty and three Crownes of the Sunne ; and her charges in sending ouer forces vnder the Earle of Essex , Two hundred thousand , sixe hundred and forty more , ) both women and men mourning that their Sonnes and Brothers were slaine before , and not reserued for to lose their liues in the defence of their owne Country . About this time Lomené flies ouer into England , and although he dissembled not the taking of Cambray , yet he lies hard at the Queenes mercy to send ouer more auxiliary forces into Picardy , and afterwards would that there should be Delegates chosen to treate about the manner of the warre . Which when it seemed somewhat preposterous both to the Queene and her Councell , he being impatient of the very shew of a deniall imputed to the Queene the losse of Cambray ; obiecting also , that she delighted in the miseries of his King , and would bring him to a peace with the Spaniard assoone as possibly he could . She forthwith answered him presently , and the King in her Letters by Sir Thomas Edmonds , who then supplyed the place of an Embassadour , that she tooke it very sorrowfully that Cambray was lost , but yet more sorrowfully that Lomené should impute the losse thereof to her , because her assistance was not as ready as their expectation and necessity . Demonstrating that the narrow streights of the limited time could not produce those ●orces : and that it was no wisdome , the French hauing beene once or twise vanquished , to cast her Souldiers vpon the triumphing cruelty of the Spaniard , le●t that while she should so much esteeme his misery , she might be compelled to relieue it with the losse of the liues of many of her Subiects , and the loue of the rest . Yet that she was so farre from reioycing at his vnfortunate misery , or driuing him to a peace with their common enemy , that neither he himselfe , nor any man else , without the preiudice of his discretion , could light vpon any suspition ; especially if so be he would but recall to his memory , the good Offices wherewith she honoured him , & the sacred bond of their friendship . She promised all aid , though not such as his desire , yet , such as her necessity could affoord ; confessing that both their fortunes were hazarded vpon one chance . That none should need to require helpe from her against the Spaniard , who , since such time that hee put on hatred against England , and ( vpon no other ground , then because his enuy should encrease on the one ●ide , as fast as her mercy did on the other , in relieuing the distresses of her Neighbours ) neuer ceased either by Sea or Land , to infringe the greatnesse of his power , or to bend it from it's proper and assigned obiect : euen that now all her thoughts haue beene euen bespoken to be employed against him , and his Nauy ; and that therefore her excuse for not aiding him presently , stood warrantable in Iustice , vnlesse that she should vncloath her own Dominions of forces , to furnish her Neighbours . And by reason that she had heard it whispered into a common talke by the French , as that she doubted of the Kings constancy in his friendship , or beheld his prosperous succeeding with the eie of enuy or sorrow , she protested , that as such thoughts should be vnworthy of the brest of a Prince , so were they of hers , and were neuer harboured there . Besides this , she willed Edmonds to inculcate daily into the Kings memory , that it is the part of a King sometimes euen to thwart the resolution of his priuate brest , to giue some publike satisfaction to the desires of the people ; because the goodwill of the people is the rocke of the Princes safety . And that since he himselfe had wisely done so , for the preseruation of the loue of his people , he could not value her good will by her outward performance , which she abstained from , for the loue she bare to her people , to whose duty , loue , & obedience , and valour , she accounted no ordinary blessing of God. Their valour France it selfe could well testifie , where many to get credit & renowne , lost their liues : & more would haue lost them there , but that the dolefull cries of Mothers , the grones of Kindreds , and the lamentations of young children , mourning the losse of their Fathers before they knew them , had interceded a little for them : and , but that the affaires of warre at home , or at least , great rumour of warre had reprieued them to a longer time of execution . That if the King would weigh these things in an vnpartiall iudgement , she did not doubt but he would be sufficiently contented with this her answer , that he would stop vp the eares of those that for the furtherance of the greater good of the common enemy , had occupied all their endeauours to vnbinde their Peace . That this is the principall endeauour of many , that by their ill Offices they might rob the Prince of the good will of his Subiects , and the hearts of his couragious Commons . But on the other side , the miseries of France multiplying as conti●ually as their warres , many men incited the King to enter into a League with the Spaniard . Perswasions were drawne from the actions of the Queene of England , who , they said , did nothing but feed his eares with empty promises . Some on the other side againe , busied all their inuentions to deterre him from it , especially Catharine of Nauarre , Sister to the King , the D. of Bulloigne , & Vmpton the Leager there , obiecting incontinētly , that his hope of Peace with the Spaniard would relie but vpon weake grounds , if he should consider how long the Spaniard had de●ained from him Nauarre , his Grandfathers Kingdome ; how he had molested all France , and quartered it out into his owne possessions ; how he challenged little Britaine , as the inheritance of his Daughter ; and how he hired a faigned Right for her to England , against the King of Scots , in Bookes set forth to that purpose : insomuch that he seemes by the vertue of his vast conceipt , to haue swallowed vp vnder his owne gouernment , the huge Monarchy of all Europe . When the King began to shut his eares against so forceable perswasions , the Queene began in her minde much to question his promise , and doubt of performance ; but more especially when she vnderstood out of the Colledge of Cardinalls , that the Pope of Rome had entred him into a blessing of the Church , vpon these conditions , and these words . HE shall abiure all heresies , he shall professe the Catholique faith in that forme that shall be ●ere done by his Embassadours : Hee shall bring in the profession of it to the Principality of Bearne , and shall nominate all Catholike Magistrates in that Prouince : He shall vndertake within a yeare to bring the Prince of Conde out of the hands of Heretiks , and shall see him well instructed and grounded in the Catholike faith : Hee shall cause the Decrees of the Councell of Trent , to be published and receiued throughout all the Kingdome of France : In all Churches and Monasteries hee shall nominate persons of vpright conuersation , and Catholikes , being free from the very suspition of any Heresie : Hee shall employ all his endeauours that the Churches and Clergie be restored to their goods againe , without any iudiciall Processe . In disposing of all Offices and Honours be shall prouide , that onely Catholikes shall bee preferred , and that as much as in him lyeth , Heretiks be driuen out . All the Concordates shal be obserued , the abuses from them being taken away , which haue crept in against them . Absolution giuen by Bishops in France shall be condemned . Hee shall write Letters vnto all Princes of the Christian world , wherein he shall signifie his conuersion from his Heresie , his renouncing of it , and his profession of the Catholike Faith. Whilest these things are in action , the Spaniards ( vnder the conduct of Dudac Brochar ) with some foure Gallies , setting forth from Britaine against Cornwall in England , in Iuly arriued at it betimes in the morning , they burnt St. Pauls Church that stood alone in the fields , Mouse-hole , Newlin , & Pensa●se , little Villages for Fishermen , and neither hauing slaine or taken away one with them , they betake themselues home againe : being indeed the first and the last of the Spaniards that euer made any hostile incursion vpon England . But some Englishmen priuately , and the Queene her selfe publikely , vndertooke greater aduentures against the Spaniard ; for Sir Walter Rawleigh , Captaine of the Guard , hauing deflowred one of the Queenes Maides of Honour , ( whom he afterwards tooke to Wife ) being put out of fauour , and for some few moneths being kept vnder custody , was now set free , but banished from the Court. He to follow the directions of his owne Genius , that was alwaies enclined to search out hidden Regions , and the secrets of Nature , vndertooke a Nauigation to Guiana , that beares Gold , which iourney he hop'd would proue aduantagious to his Countrey , both by getting store of wealth , and by molesting the Spaniard , within the inward Coasts of America , which hee thought would be more profitable then on the Sea coasts , where there are neuer any Townes laden with any riches , but when they are conuayed thither to be carried ouer into Spaine . Setting out from Plimouth the sixt of February , hee arriued at the Island Trinidado the 22. of March , that lies some eight degrees beneath the Aequator . There he easily tooke a little City called St. Ioseph , and the Gouernour thereof Don Antonio de Bereo , but found not so much as a piece of Siluer there . Hauing enquired many things of this Antonio about the Mines of Gold in Guiana , he left his ship in Trinidado , and entred the vast Riuer Orenoque , with little Barkes , and some hundred Souldiers : he searched vp and downe Guiana for the space of foure miles , among the crooked and short turnings of the water seuerall wayes : where , being parched with the reflecting beames of the Sunne , that was iust ouer his head , and too much wet sometimes with showers ; and hauing long wrastled with such like difficulties , hee yet continued so long , till that it growing wintery cold in Aprill , the waters all ouer-spread the earth ; insomuch that now he could passe away in no lesse danger of the waters , then hee came thither in danger of his enemies . In his returne from thence , he set fire on Cumana , because the Inhabitants thereof refused to redeeme it at a set rate of monies ▪ also hee fired some little Cottages in St. Mary , and Rio de la Hach . Neither gaue he ouer the pursuit of his intent , although the watchfull eie of the Spaniard placed a Colony in Trinidada . At the same time Captaine Amias Preston , and Captaine George Somers sackt and burnt the Isle of Puerto Santo neere Madera , and Coche neere Margarita , the Towne of Coro , and the City of Iago de St. Leon : but vpon the receipt of mo●ney spared Cumana . And some few moneths before three ships of the Earle of Cumberland , set vpon a great Caracke called Cinque Lagas , or the fiue wounds of Christ , which hauing got fire , burnt it selfe and all her merchandise ▪ insomuch that the English hardly escaped , whilest the Portugals threw themselues into the Sea. Now the Queene hauing beene certified that there was great store of riches layd in at Porto Rico , in the Island B●riquene , or St. Iohns Island , for the Spaniards vse , she sent forth Sr. Iohn Hawkins , and Sr. Francis Drake , with equall authority in the Sea forces , and Sr. Thomas Baskeruile , Gouernour of the Land forces , allotting them sixe of her ships , and twenty other men of warre . They strooke saile at Plimouth the 27. of August , and the seuen and twentieth day after , they arriued at Great Canary . Drake and Baskeruile adiudged it necessary for their credit , and better conueniency of furnishing their Nauy plentifuller with victuals , to assault the same : but Hawkins , alleaged the sufficiency o● prouision in the Nauy , and his vnwillingnesse to spend time any where , till the end of their Voyage had beene attained vnto ; yet at length by Baskeruiles perswasion ( who had begun the assault foure daies , ) and by the Mariners , who had almost caused a dearth of prouision , hee condiscended thereunto . Baskeruile hauing come a shoare , and hauing espied the difficulties whereon he ventured , seeing the Townesmen on the one side in battaile array ready for him , and the Sea on the other raging at the shoare , and chiding the bounds thereof for lying in her way , gaue ouer his enterprise . And comming a boord againe , they sayled a whole moneth , and came to the Island S ● . Dominico ; at which time fiue Spanish ships lay there , and came about as spies for the English , and chanced to light vpon a little shore ship of the English , that strayed too farre from her company . And hauing rackt both the Master and Mariners into a confession , they vnderstood that the English were in preparation for Porto Rico ; wherefore plying thither with all speed possible , they tell them of the Englishmens approaching : which when it was bewrayed openly , they hid all their gold and siluer , and hauing sent forth little Brigandines to all the Islands thereabouts , and the Spanish coasts , they giue notice thereof to the Spaniard , who being now forwarned , is fore-armed . Now the English staying at Dominico to build some shore ships , delayed time so , that it was late before they could arriue at Porto Rico. Where assoone as they had cast anchor , it thundred out from their Bulwarkes , and at Supper time Sir Nicholas Clifford , and Brute Browne being deadly wounded with a Bullet , died within one or two dayes after : and the very same day Sir Iohn Hawkins ( partly by sicknesse , and partly by reason of some discords betweene him and the other Captaines ) departed this life , being much lamented of the Mariners . The Spaniards forti●ie the mouth of the Hauen , hauing suncke a great ship , and drawne the long Masts thereof from one Castle on the one side to another Castle on the other side , which fortified the entrance . Within those fiue ships of the Spaniards well ballanced , furnished with Gunners , and prouided of great pieces of Ordnance , stood opposite against them . Yet notwithstanding Baskeruile , hauing placed his Souldiers in the ship-boats , endeauoured strongly for a passage ; hee burnt one or two of the Spanish ships , but being driuen backe with a shower of bullets that rained about him , he listed not to renue his purpose against so stormy a violence . So that hauing put from thence towards the continent , or firme land , they set fire on Rio de la Hach , a little Village , whose Inhabitants offered 34000. Duckats for their redemption . Then they set fire also on St. Martha , but found not one dramme of gold or siluer there . Thence they went and tooke Nombre de Dios , as empty of riches as Inhabitants , which they burnt also . From thence going towards Panama with 750. armed Souldiers , they were so intangled with by-paths , & so ensnared in durty wayes , and so pelted with shot out the woods about , & so abashed to finde a Fortre●●e iust against them in these narrow wayes , & to heare that there were two more within that blocked vp the way , that being quite tyred , they returned to their ships againe . From thence they turned their course to Scudo an Island , and from thence to Porto Bello ; in the meane time Sir Francis Drake , hauing beene sorely molested with the bloudy-fluxe , and grieued at these vntoward proceedings yeelded vp the ghost : and being let downe into the Sea , with a peale of Ordnance , after the manner of Sea Funeralls , he was buried euen in the same place almost where in his prosperous Voyages he began to be famous . And now hauing begun to returne by the South side of Cuba ouer against the Island Pinor , the Spanish Nauy that had tarried for them , now met them : but on the first onset , ( if we may belieue them that did it ) Baskeruile , and Throughton , one in the Admirall , the other in the Vice-Admirall , so molested the Spaniards , that they offered more harme then they receiued : Afterwards , some 8. moneths being expired , they returned home , with spoile poore enough , in respect of the death of those men of worth ; their greatest riches being that they had made their enemy poore , by burning many of his petty Townes , and more of his ships . Whilest these things were thus in action in the Westerne world , there arose a kinde of distaste , which indeed had but now growne vp to a controuersie , between the States confederate , of the Low Countries , and the Queene . Which by this meanes grew vp , and as well withered away againe . Burleigh the Queenes Treasurer had demonstrated to her what summes of mony from the yeare 1585. had beene spent in their warres ; what summes of gold and siluer had beene new stampt by them , to their great gaining aduantage ; what store of English bloud had beene lost to keepe their cause vpright ; what costs and charges were necessarily to be employed , to extinguish the fire of rebellion in Ireland , and the practises of the Spaniard in England . Besides , hee shewed how the States had not onely defended themselues by the helpe of the Queene , but also offended their enemies ; how they had now established firmely their tottering Common-wealth ; how they had encreased their wealth by traffiques , and their power by subduing more Territories to their gouernment ; and then , how that the Queene , with the long continuance of warre , and the excesse of charges , was euen tyred to a kinde of pouerty . The Queene considering duly these things , sent Sir Thomas Bodly her Embassadour to the States , to acquaint them with all these passages , as first , that England was now euen drawne dry , both of men and money , by reason of warre against the Spaniard , who in no other matter professed himselfe her enemy , but for that she was their friend ▪ Wherefore ●he demanded that they would ease her of the cost of her auxiliary forces , and that they would repay some part of her charges , and chuse some Delegates , to giue account , and take order how the money that had been spent in their cause , which was due indeed to Sir Horatio Pallauicine ( of whome it was taken at Interest ) should be repaid him . The States acknowledging these infinite courtesies receiued from the Queene , professed themselues beholding to her vnder God , for all their good fortunes . But withall they protested , they had been at such charges in eighty eight last , against the Spanish Armada , and in the next yeare in the Portugall expedition , and after that in the expedition at Brest ; and besides , that they had suffered such losse by vnaccustomed i●undations , that they were so brought behinde hand , that they could not discharge the debt , vnlesse they should oppresse the poore people , and vndoe their owne cause ; also protesting , that by reason of those Townes and Territories which they had gotten from the enemy , their charges were not eased , but are multiplyed and encreased , by reason that now they are faine to fortifie them , and place new Garrisons in them . And for their traffiques , they shewed how equally they hung betweene losse and gaine , by reason of the Arrests in Spaine , and the Pyracies both of the English and of the Dunkerks . Indeed they confessed that they gaue some aide to the French King , but not out of the abundance of their ability , or out of a fo●d insolent arrogancy , or any way to rob England of the glory of succo●ring France , or to draw France from England into their Patronage ; but onely to diuert the enemy , and bring it to passe that the French made not a League with Spaine , which his necessity , domesticke discords , and ill counsels would quickly aduise him to . Yet notwithstanding they promised her some part for the present of the monies in present paiment . But when as the Queene demanded a greater summe , the States contended out of the agreement made 1585 , that there should not be present present payment of the money backe againe , till such time as the warre was ended ; and that if the Queene would but take as much counsell from her royall Honour , as she did from some ill members that put this first into her head , they knew she would not fall from her agre●ment . For all this , the Queene continued in the contrary opinion , relying vpon the Oracles of her Lawyers and Politicians : such as were these . THat all contracts and agreements made betweene Prince and Prince , are vnderstood to be interpreted bonâ fide . Neither is a Prince bound by any contract , when that contract on iust cause occasions hurt to the Common-wealth . That the Peace is not broken , when a Prince breaks the contract , when he is occasioned to doe it , by cases of contingency , or when the matter is come to a new case , which should haue otherwise beene prouided for , if the said case had beene thought vpon . That the Leagues and agreements of Princes ought not to be occasions of cauilling , neither ought they to be in vertue to those who breake the couenants . That in case it turne to the damage and preiudice of his Subiects , a Prince is not bound to stand to couenants made ; or if it but concerne the detriment of his owne estate . That all agreements , although they be sworne to , yet are they to be vnderstood : Things being in the same cases , as they then were , and not altered , as they now are . That the obligation of a Prince to the good of his Countrey & Commonwealth , is of greater force and vertue to binde him , then any outward contract ; vrging besides the authority of Seneca the Philosopher . A wise man changeth not his determination , all things continuing in the same state they were when he first determined : and therefore he neuer doth repent for it , because at that time nothing could be done better then that which was done , and nothing better appointed then that which was so appointed . So concerning this matter there were great disputations and controuersies , as also , if the States were liable to the payment to the Queenes successour , ( in case of mortality ) since that by vertue of the contract , neither one was bound to helpe them in the like distresses , neither was the other bound to repay the monies to them . Also , whether that the monies borrowed of Palla●icine at vse , sho●ld not as well be exacted of the Brabanders , and the Flemmings , and Artesians , since that agreement was made when they were confederates too , and before the confederacy of the now vnited Prouinces . But Sir Thomas Bodley brought these controuersies to such a good temper , that the States fearing the anger of so mighty a Princesse , propounded these conditions , which they would oblige themselues vnto . First , That assoone as they could they would case the Queene of all her charges for auxiliary forces of the English , which came to forty thousand pounds a yeare . Secondly , That within some yeares they would pay her 20000. pounds sterling , and helpe her with a certaine company of ships . Thirdly , That they would not enter into League with any without her consent . Fourthly , That after a Peace concluded , they would pay her for foure yeares , euery yeare 100000. pounds . But vpon these conditions , that they may be permitted 4000. Souldiers out of England , and all their debts raced out of her her accounts . Humbly entreating her to admit of these things , for the reasons fore-mentioned . Moreouer , they protested their estates were built vpon very fickle foundations , that the people was euen astonished , at the rumour of those forces the enemies keepe , that the Prouinces were at discord about a rule concerning Lone-money , that the chiefest of them were at discord one against another : that many had relapsed from the Religion which they lately professed with them . That the Emperour by his Embassadours had entised the people to a peace ; inasmuch , as that if this ten yeares debt should be now rigorously exacted , it would iustly be feared , that a sad Catastrophe , and lamentable period would finish all the former endeauours of the confederate Prouinces . And then the necessity and the mercy of the Queene began a new controuersie ; for , although the proportion of her necessity admitted not any excuse or delay of payment , yet her mercy rests satisfied ; for although she wanted monies , she neuer wanted that . And indeed she was the willinger to commiserate their necessities , for feare lest otherwise shee should disioynt the Confederacie , bring them to dispaire , or giue their enemies occasion of reioycing ; onely vpon conditions , that they furnish thirty ships , and ioyne them with her Nauy , which was a rigging for Spaine : and that they pay the monethly payments awhile to the aux●liary forces of the English. And so these matters of controuersie ended in a quiet peace at this time . In the meane time there was sore complaints made to the Emperour of Germany , and the States of the Empire by the Inhabitants of the Hanse-Townes , about their Customes : that their ancient priuiledges and customes granted by the former Kings of England , were now quite abolished : that in the expedition against Portugall , their goods were taken by the English : and that Monopolies were instituted in Germany , by the English Merchants . To these things the Queene made answere by Christopher Perkins . THat those antient Priuiledges by reason of some abuses , and for other good motiues and reasonable causes , were abrogated by the Court of Parliament , in the raigne of Edward the sixt ; and that from thence there is no appealing . One reason was , that the said Priuiledges were not necessary for those times , and that therefore they were quite inhibited by Queene Mary . But yet that the Queene doth not now desire an absolute annihilation of these the said priuiledges , which indeed she could doe by the act of Parliament ; but had in the former yeares of her raigne beene very indulgent to them , as the times then went , till such time that they ( hauing no regard of the league and friendship ) disturbed the English in Hamborough , neither giuing them any warning of their the like vsage ; and yet that for all this , she granted to them the same order of negotiation and trade , as the English vsed ▪ but they refused it , except they might haue it by better right . That indeed this was in custome nowhere , neither was it to be suffered , that strangers should be preferred before home-bred Citizens , in the traffique for those things that are peculiar to euery Region , which indeed they would challenge by vertue of their Priuiledges . Besides this , that it could in no case stand with the good of the Common-wealth , if so be they should pay no more custome , thē that which was imposed vpon them 300. yeares ago ; that Priuiledges that haue been granted , & afterward occasion the Damage of the Commonwealth , are not to be admitted of , and being once abrogated vpon iust occasions , should not be renued at any mans will or pleasure . Yet notwithstanding , that she euen esteemed of them , almost as English , in that she willed that they should pay no more custome for the carriage of Cloth hence , or the bringing of Merchandises hither , then her naturall Subiects , vpon conditions that their Merchandise come from the Hanse-Townes . But if so be that they bring in any commodity either from Spaine , the Low-Countries , or any other place , that then also it shall be lawfull for them to bring them into England , but with paiment of one penny in the pound lesse then any Forrainer , onely excepting Cloath , which it shall not be lawfull for those of the Hanse-Townes to transport any whither but to their owne Cities and Townes , beyond the Riuer of Elbe , the City Embden towards the East , and the Baltique Sea. That she had permitted to them houses at London , and other places in England , for them to retaine , and in any honest manner of society to gouerne their affaires by their Alder●a● , ●●●ly vpon condition that nothing be done preiudiciall 〈◊〉 the Queenes Maiesty , or the lawes of the Realme , although the extremities of their granted Priuiledges neuer allowed them so much , as to constitute to themselues an Alderman , or exercise any Iurisdiction in anothers Kingdome , as she hath giuen them leaue to doe , &c. Withall answering , that those goods which they complained were taken away , were onely warlike munitions , which they were a transporting into Spaine , against England ; whereas this was not lawfull for them to do , euen by the best vertue of their Priuiledges . That moreouer , it was publikely defended through their Citi●s , that they should not doe so , except they would be esteemed as enemies to England . Th●t their ships were dismissed , and that nothing was detained but their Munition and warlike prouisi●n , which was lawfull for her to doe by the law of Armes . And concerning Monopolies , that the Germans themselues haue testified in open writings , that the manner of the English traffique with them , is farre from Monopolie . And that therefore she did hope , that the Emperiall Edict which was by them obtained , to forbid English traffique , would be suspended ; especially sin●e that the States of the Empire could not be well enformed of the priuiledges belonging to the Lawes and Rights of the Realme of England ▪ whi●h being an absolute Kingdome , acknowledgeth no Superiour . Yet in the middest of all these , there was great store of Corne broug●t in by them into England , ( after that they had licence to bring in without custom , ) which much eased the pen●ry the land was almost drouen to : which by reason of con●inuall raine spoyling that which would haue grown , and daily priuate transportation of that which was growne , did so languish , that some of the poorer sort began to mutinie . About this time died Philip Howard Earle of Arundell , in the Tower of London , who had felt the mercifull iustice of the Queene , who did so punish his fault , that yet she spared his life euer since hee was condemned in 1589. since which time he wholly gaue himselfe ouer to sacred meditations : and being bound thereto by the institution of his streight and seuere religion , almost pined himselfe to death ; hauing left onely Thomas his Sonne by Anna Parre Gille●●and . About this time also departed William Lord Vaulx , one no lesse deuote to the Roman Religion , to whom succeeded Edward his Nephew by his Sonne , and Elizabeth Roper . Also Thomas Heneage , seruant to the Queene , euen from his youth ; first Treasurer of her Bed-Chamber , then Sub-Chamberlaine , and Chancellor of the Du●chy of Lancaster ; a man borne for the Court ; hauing left one Daughter , which encreased the family of the Finches both with wealth , and children . Towards the latter end of the yeare , William Whitaker died , a famous Diuine for learning , and life : he was Regius Professor in Diuinty at Cambridge for 15. yeares , and President of St. Iohns Colledge in Cambridge . Hauing much impouerished his weake body by continuall study , euen at that time when the question was so ri●e among the Diuines , whether a true and iustifying faith may be lost , he was freed from this body of flesh , and lost his life , hauing left behinde him the desire and the loue of the present times , and the enuie of posterity , that cannot bring forth his paralell . In the same moneth Sir Roger Williams ( a Welch●man ) departed this life also , being of the Family of Pen-rose in Munmouth shire . First , he was a hireling vnder the Duke of Alba ; afterwards , hauing run through all the degrees of Military offices , he might haue bin sided with the best of our times , if his discretion could haue but well tempered his hot furious valour . In this certainly he out went many , that being vnlearned , and onely tutor'd by experience , hee penned the History of the Low Countrey warres , with very exquisite iudgement , at which indeed he himselfe was present . Besides , he defended the Military Art of these dayes , against that of the former dayes , in an excellent Booke , but to the great enuie and discontent of some old-beaten Souldiers , and other louers of Archery . The Earle of Essex , and all the warlike men of the City mourned at his Funerall in Pauls . Shortly after died Sir Thomas Morgan his kinsman , somewhat ancienter , of the old house of the Morgans of Pencarn , in the same Shire borne : he being nourished vp in warlike affaires , got the loue of all men , but especially of the Queen , to whom he exhibited and gaue vp the assignment of an yearly pension of great value , proffered by the Spaniard , if he would turne to his side , onely being content with a small part thereof . In the meane time Russell Lord Deputy of Ireland , foreseeing that the passages of the last yeare , would breed a dolefull warre in which they were likely to end , dealt with his friends here in England , that some choise fellow and warlike Souldiers might be sent ouer , who might helpe him with their paines and counsell : and he earnestly wished that Baskeruile might be the man , although he named none . But he was sent , whom he little expected , euen Sir Iohn Norris , a man very well skilled in Martiall discipline , valiant against any danger , and very famous for that which he had already done . Assoone as Earle Tir-Oen had vnderstood that hee was come with 1300. old trained Souldiers , that had beene in seruice both in Britaine in France , and in the Low Countries , besides a new supply of fresh Souldiers adioyned to them : and besides , that all these English forces were intended to march towards Ballishonon and Belicke , two Castles at the end of the Lake Earne : hee being somewhat guilty in his owne conscience , sodainly assaulted the Fortresse at Blacke-water , by which was a passage into the Countie of Tir-Oen : and he as easily tooke it , as he eagerly assaulted it , Sir Edward Cornwall the Gouernour thereof , being negligently absent . And in almost the very same minute , through the vnconstancy of his vnsetled minde , on the one side he sends Letters to the Earle of Kildare , wherein he proffers his assistance against the iniuries of the Ministers of the Deputy . On the otherside to the Earle of Ormond , & Sir Henry Wallop Treasurer of the Army , he promiseth to continue still in his loyalty . And in Letters sent to Sir Iohn Norris , he intreats him to deale fauourably with him , and not cause him vnwillingly to breake his faith and loyalty . But Marshall Bagnall surprised these Letters , which turned to his further harme , as the Earle afterwards complained . For presently after , in the moneth of Iuly , he is proclaimed by Proclamation both in Irish and in English an enemy to his Countrey , and a Traytour , vnder the name of Hugh O ▪ Neale , Sonne of Mathew Fadare●gh , that is , an Iron-smith , the base-borne son of Con O ▪ Neale . In the Proclamation first was proposed his ingratitude against the Queene , who had relieued his pouerty with a yearely pension , lifted him vp to the Title of an Earle , enriched him with possessions aboue other Irish Earles , pardoned him the iniuries done his neighbours , and his barbarous cr●eltie vsed vpon Shan O ▪ Neales sonne , whom he strangled before hee came euer to ●ryall ; then is declared how he vsed the rest of his sonnes , by keeping them in prison ; then how per●idiously he enticed the Nobles of VIster in●●he company of his rebellion ; and lastly , pardon is promised to all that forsake him : and euery man seuerely warned not to furnish in any sort his rebellion . At this time the forces of the Rebels of Ireland amounted to 1000. horse , 6280. foot in Vlster , 2300. in Conaugh , who were all at Tir-Oens becke : and most of these skilfull in handling Armes , being ordinarily exercised therein : elpecially since that time that the Deputy Perot had prescribed such a set number for euery Nobleman of Vlster , to be exercised in training ▪ for better re●isting the Scottish Islanders : or since Fitz-williams had sent for them ouer to the English warre . Neither indeed were the English forces vnder Captaine Norris , inferiour to that number , who was now commanded to march forwards against the Rebels , to preuent the aid they expected daily from Spaine . To him was delegated an absolute power of pardoning any Rebell , by the Mandate of the Queene from the Deputy ; also the greatest authority in Martiall affaires , with the title of Generall of the Forces in the absence of the Lord Dep●ty in Vlster : by whose policy this was , I well know not , but it caused much , maruelling in many , when the whole strength of the Kingdome should now consist in one mans command ; and that nothing was more dangerous then a ●wo headed Gouernour , which indeed is a Monster in policy as well as Nature . And ●or all this the Deputy adioyned 〈◊〉 to him besides ▪ and they marcht on to Armagh , to the so great terrour of the Rebels , tha● Tir-Oen hauing forsaken and abandoned his Fort at Blacke-water , fell to set fire vpon the a●●acent Villages , and the Towne Dunganon ▪ and demolisht most of his own houses himselfe : and grieuing to heare himselfe proclaimed against , hee begins to ●eeke out lurking holes : when as the forces came not farther on , by reason of insufficiency of prouision , which indeed hath occasioned an annihilation of many venturous expeditions in Ireland , they there stood still , proclaiming Tir-Oen a Traitour in his owne Territories ; and then hauing put a Garrison in the Metropolitan Church of Armagh , they returned backe againe . As fast as they returned backward , so fast would Tir-Oen a farre off shew himselfe to them now and then ; but he egg'd them not on to the renuing of his pursuit : for they placed ● Garrison at Monaghan , and hauing euen returned to Dundalke , the Deputy ( according to the authority that hee had receiued ) committed the whole prosecution of the warre to Captain Norris , and many words of complement being banded on both sides , the Deputy betooke himselfe to Dublin , wisely hauing a care of the affaires of the other three Prouinces , Leinster , Conaugh , and Munster . Norris all this time continued in Vlster with a puissant army ; but did not anything worthy either of the power residing in him , or the expectation of things from him , whether or no it were out of an emulation of the Lord Deputy , while●t one endured not a fellow , the other no superiour ; or whether it were out of the politike feare of most Souldiers , that are contented to spin out a little warre in a long twine , hauing by experience beene beaten into a truth of this axiome , That ● Souldiers estimation lasteth no longer then there is vse of him : or whether it were out of fauour to Tir-Oen , which hee seemed to shew towards him in as ample manner as the Deputy did his hate . For whilest that he gaue an eare to the complaints of Tir-Oen , and his fauourers , he stucke not to accuse the Deputy as one too vniust against Tir-Oen , by reason that his hating passion so ouer ballanc't his reason , that he adiudged no peace to be made with him . Now the Deputy was alwaies perswaded , that the seruile flattering of Tir-Oen , and submissions , whatsoeuer they seemed , were nothing else but his meanes to procrastinate time a little , till such time as his aide should arriue from Spaine . Wherefore hee alwaies refused parli●s and truces with him ▪ as most 〈◊〉 and treacherous ; esteeming it not to stand with the preseruation of his honor , conferred by the Maiesty of the Queene , either to receiue L●tters , or giue hearing to any Messengers ●ent from one that is proclaimed Traitor . Norris on the other side , hauing a faith very pliable to the probabilities of e●ents , conceiued a grea● hope of bringing him ●o peacefull conditions , in as much that he entred into parley with him ; but not without the worthy wonder of all men that saw or heard of it , that so great a warriour as he was should de●●●nd so low , as to parley with a publike enemie , and a Trai●our , before he euer came to a combate , which is the best Oratory of a Souldier . But he was not so credulous , but the Earle Tir-Oen was as craftie , who by all meanes possible 〈◊〉 vp that hope in him continually , by counterfeiting his submission sealed with his own hand , and by falling on his knees before Captaine Norris and Secretarie Fenton , and begging pardon . Besides protesting : THat he neuer neglected his duty towards his Prince , out of any malitious humour , or an ambitious ; but onely that his friends and followers had run into a rebellion only to reuenge the iniuries vnderseruedly offered him , and to requite the plots layd so often for his life . That this was his first offence against the Queene , wh●●h he promised to wa●h away with his faithfull serui●●●●d his best bloud : promising also to renounce the title of O ▪ Neale , which hee had lately taken vpon him , for feare lest others should vsurpe it against his right : that from henceforth he would haue nothing to doe with the Spaniard ( with whom , he said , be neuer had any thing to doe before last August ) onely on condition , that mercy , pardon , and ●orgetfulnesse passe by his offences past , and a ple●ary pardon be obtained both for him and his . O ▪ donell likewise submitted himselfe , so that hereupon ( hauing giuen hostages ) there was a truce made till the Kalends of Ian●ary . A little after , vnder the same maske of dissimulation commeth F●agh Mac-Hugh , with a mournfull howling , casting himselfe at the Deputies feet , begging pardon : who being admitted into his patronage , for a while continued quiet . The wiser men of those times obserued , that these Colloquies , Parlies , Truces , &c. proued very preiudiciall to the Queene , and hurtfull to the Common-wealth . For in that space the Rebels enioyed free liberty , to digest all their secret plots & machinatio●s , to strengthen their sides by new con●ede●cies abroad , and to encrease them at home with new forces ; whilest all this while the English lay at a costly idlenesse , feeding on the fruites of their friends and faithfull well-willers , when by reason of the truce , they might not prey vpon the enemy . THE NINE and thirtieth Yeere OF HER REIGNE . Anno Domini 1596. IN the beginning of Ianuary , when the Truce was now expired , ( and yet in the time of 〈◊〉 Truce , the Rebels by thei● sub●le sleights had seized vpon 〈◊〉 Castle ) Sir Henry W●llop 〈◊〉 of the Army in Ireland , and Sir Robert Gardiner chiefe Iustice of the Kingdome , men of grauity , and as great wisedo●● , were sent that they might parl●y a little with Tir-Oen , O ▪ d●nell , and the rest of the Rebels , and perswade them to peace . Now these other Rebels rendred vp their grieuances and occasions of trouble ; likewise their seuerall petitions , man by man ▪ Tir-Oen complained that H. ●agnall Mar●hall of the Irish forces , had 〈◊〉 the right intent of all his labours : that with 〈…〉 defam●tions , he had thrust him out of fauour with the Queene ; and almost from his ranke and degre● to● : that to his great preiudice also he had intercepted his Letters sent to Captaine Norris , and concealed them : that hee detained his wiues dowry that w●s allotted 〈◊〉 . Wit●●ll protesting ▪ that before hee was ●roclai●●● T●aitour , ●e neuer 〈◊〉 with any forreine Prince . He humbly beg'd pardon for him and his , that they might be restored to their former estates . That he might freely exercise his Religion . ( For indeed , as yet there was scarce any inquisition made about religion : Neither did the Rebels harbour any thought of that , when they first ioyned into a faction . ) Intreating also , that Marshall Bagnall might pay him a ●housand pounds of English ●●ony in dowrie for his Wife decealed . That there mightlye no men in Garrison in the County of Tir-Oen , nor Sheriffe , nor any such like Officers . That he might be restord to his wing of fiftie Horse , at the Queenes pay , as before he was Leader of . That those that shall prey vpon any of his may be subiect to punishment . Which things , if they were granted , he prom●●sed not to omit any duty of a good Subiect ; & also , to 〈◊〉 to the Archbishop of Armagh , and the 〈◊〉 , that they may vse and enioy their owne right● and posse●●ions . O ▪ donell , hauing first re●urned to their memories the loyalty of his Father ▪ and his Ancestours to the Kings and Queenes of England , sorely complained , that Bome an Englishman , and a Commander of Souldiers , vnder pretenc● of informing the people in h●mility and ciuility , was sent 〈◊〉 〈◊〉 Deputy ▪ into their Prouince , where he was courteou●ly 〈◊〉 by his Father , and certaine Townes allo●●d him ; but yet for all this , that hee behaued himselfe most Deputy , they would not yeeld vnto them . But the misery of a few daies ●iege soone quelled their hot courages , the Castle being taken , and euery one of them slaine ▪ Norris and ●enton being gone into Conaugh , could hardly perswade the Rebels to a peace , who being hainously incensed against Bingham , did for a time nothing but dally and delay the time , and at last concluded but an vnfaithfull peace , in all probability being counselled to it by Tir-Oen . For he began now to cast about doubtfull speeches , that he could not but suspect that he was dealt dece●●fully with , in that the L. Deputy and Norris agreed no better togeth●● ▪ in that , they that went to the Deputy in his name conc●●ning a peace , were but in a manner sleighted by him , in that the Deputy was all for warre , encreasing his for●●s daily with supplies from England : in that hee detained the Spaniards Letter , which he sent vnto him so dutifully , and in that the Marshall his greatest enemy , had newly returned with a new Commission from England . So that vpon this he began to spoile his neighbouring Lands , and di●ide them into preyes : but shortly afterwards , being troubled with the conscience of his villany , and being giuen to vnderstand , that there was likely to be a peace with England and Spaine , he made great shew that he earnestly desired peace with all his heart . It were too tedious to examine all the particular couerings of this his dissimulation ; but to speake in a word , whensoeuer there was any danger h●ng ouer him from the English , he would so craftily countenance his dissimulation , both with gesture of face , and humble words , that the counterfeit repentance which he seemed to haue of his wickednesse , co●sened all with the beliefe of a serious one ; till such time as that opportunity of persuing was lost , and his forces necessarily to be seuered and dismissed . But there was no greater reason of his so much belieued submission , and of his continuall pardon , then the sluggish gaine of the Irish Commanders : the neere parsimony of the Counsellours in England , and the inbred mercy of the Queene , which alwaies desired to end these rebellions , ( which she neuer thought worthy the name of a warre ) without warre : and rather to lose the prosecution on her due iustice , then any subiect should in the passion thereof lose his life . But how full the heart and hands of Tir-Oen were of perfidious treachery doth easily hence appeare , in that the very same moneth in which he receiued his pardon , He , O-donell , 〈◊〉 , Mac-Williams , and the Family of Clan-shees , sent secretly their Letters to all the Nobility in Munster that sauoured of the Romish Religion : wherein they most sacredly promised the assistance of their vtmost helpe , for the defence of the Roman Catholike religion ; withall solemnly vowing and protesting , that they would neuer enter into any peace with the English , wherein besides all of the confederacy were not also comprehended . Also a little after Tir-Oen , when Feagh Mac-Hugh came suppliant for the like pardon as Tir-Oen had , incensed him to awaken that drowsie rebellion in Leinster , which he did presently , for forthwith he seised vpon the Fort ouer against Ballencure , demolished it , and still with a continuall preying , runnes ouer all Leinster , although the Lord Deputy followed close at the heeles . Besides this , hee stirred vp also Peter and Iames Butler Nephewes to the Earle of Ormond , to continue in their rebellion . And these things he dealt vnder hand in and secretly , but the Winter comming on apace , displayed his villany , which so long had gone apparalled in innocency : for then he publikely forbad that prouision should be carried to the Garrison at Armagh , against the expresse conditions of their agreements , he murthered some priuily that were carrying , and others that purueyed for wood . Nay , and he himselfe so violently assaulted the Garrison , that thirty of them were slaine . He sent forth Henry Oge-Man-Shan his sonne in Law , to set fire on the Villages thereabouts , and to follow the prey about the Riuer Boyne : and he himselfe most treacherously attempted the surprizall of Carlingford C●stle . When the Deputy , and the rest of the Counsellours , expostulated with him about this , admonishing him , that if he ●●●eemed of the safety of his hostages , or willed not againe to be proclaimed Traytor , that he should not any way molest the Garrisons , or hinder prouision to be brought vnto them . To them he replied , that he stood to his agreements ; but , that the Deputy , if not against his couenants , yet against his promise , had sorel●●y molested Feagh Mac-Hugh , and that the Garrison at Kelly had slaine vnworthily Owen Mac-Coll● , that thereupon he doubted what also might become of him and his . Wherefore he entreated that there might be a new Co●●oqu●e or Parley appointed for him , either with the Deputy , or with Norris , for a better composition of affaires which were troubleso●e on both sides . And whilest there is a consultation thereof , he suffereth prouision to be carried into the Garrison at Armagh ; but O ▪ donell with great hostility runs ouer Conaugh , euen till the time of Parley , wherewith Norris had been long wearied , the hopes of which now ( by long delay ) were mocked into nothing . In the mean time the Lord Deputy ceaseth not his vnwearied persuit of Feag Mac-Hugh ; till at length ( hauing slaine most of his rebellious route , and put the rest to flight ) Sergeant Milburne found him almost breathles in a lurking hole , and hauing wounded him in many places , at last cut off his head , which was sent to Dublin , to the great reioycing of the people , a little before the Deputy gaue ouer his Office. About which time ▪ the head also of Iames Butler was sent to him by Thomas Lea ; and Peter his Brother being taken by his Vncle the Earle of Ormond , although he were the neerest heire of his family , was hanged . In the middest of all these troubles in Ireland , Albert Archduke of Austria and Cardinall , whom the Spaniard had set ouer his affaires in the Low Countries , sodainly calls away the Queenes minde from prosecution of her affaires in Ireland . For he ▪ assoone as he had enioyed his authority , hauing vnited together all the Spanish forces , as if he had intended to raise the siege at La-●ere in Picardy , against all e●pecta●ion , ●urnes his course to Callis , and besiegeth it ▪ and in the first day hauing taken Newnha● Castle , possesseth himself of the Hauen . Which so soone as the Queene vnderstood from the fearefull message of the French , euen on Sunday , when most were at Church , she commanded Forces to be mustered to aide the French , and the better to prouide for ▪ England ▪ for she could not but suspect , but that England would perish in her Neighbours fires . She makes the Earle of Essex Generall of these Forces : but before they tooke ship ▪ she certainly vnderstood , that both Towne and Castle were taken by the Spaniard . For , when as Albert had so 〈◊〉 shaken the Towne walls with his continuall 〈◊〉 ▪ ( the noise whereof we heard euen as farre as Greenwich ) the Townsmen betake themselues into the Castle , which afterwards ( to the great slaughter of many Frenchmen ) was easily vanquished . So that hereupon the Army is dismissed , and monies lent to the French , at the security of the Duke of Bulloigne , and the Lord Sancy . Within a few dayes after , there was a greater Muster in England , of an Army wherein many Nobles and good Gentlemen went voluntaries : by reason that a very credible rumour possessed euery mans eares , that the Spaniard intended a warre against England and Ireland ; which was the more belieued , because he had newly possessed himselfe of Callis , from whence is the soonest and shortest passage ouer into England ; and because Hawkins and Drake's expedition did not succeed well ▪ and lastly , because the Irish Rebels hastned their aide from out of Spaine , as fast as they could . The Queene , to remoue away this tempest that hung ho●ering about her , thought it fittest to set vpon the enemy in their Hauens : wherefore she sets out a Nauy of 140. ships , out of which there were 18. of the Queenes , and 22. of the that those of the Councell should freely speake what they thought fittest , and not rent themselues into faction , but either to prosecute or giue ouer a thing according to the plurality of voyces , giuen in that matter . And if so be that they chance to ouercome or destroy their enemies ships and prouision , that then they should send out some men of warre to surprize the Indie Caraques , if they chance to heare of any comming . Lastly , she added to these a forme of Prayer , which she willed to be vsed in euery ship daily , to call vpon God for his assistance in this great enterprise . The Prayer I thought fit to adde , and that was this . MOst omnipotent Maker , and Guider of the Worlds Masse , that onely searchest and ●adomest the bottome of our hearts conceits , and in them seest the true Originals of all our actions intended : thou that by thy fore●ight doest truely discerne , how no malice of reuenge , nor quittance of iniury , nor desire of bloud-shed , nor greedinesse of lucre , hath bred the resolution of our n●w set out Armie , but a heedfull care and wary watch , that no neglect of ●oes , nor ouer-surety of Hauen , might breed either danger to vs , or glory to them : these being the grounds wherewith thou doest inspire the minde ; we humbly beseech thee with bended knees , prosper the worke , and with the best fore-windes guide the iourney , speed the victory , and make the returne the aduancement of thy glory , the triumph of their fame , and surety to the Realme , with 〈…〉 losse of the English bloud . To these de●out 〈◊〉 , Lord giue thou thy blessed grant . There were those that much disliked this expedition , as seeming loth that so many men , and so many ships , and so many Marriners should be put vpon the hazard of a warre ; lest peraduenture the Spaniard ( that is so diligent vpon all occasions , and that was growne somewhat proud with the ill successe of Drake and Hawkins , ) should come in in the meane time , or vanquish the English Na●y , an● so bring England in most apparant danger . But for all this , in the beginning of Iune , the Nauy ●ets forth from ●limmouth ; the first day , the winde being against it ; but the next , being very prosperous : so was it carried downe farther towards the West ▪ and beyond the 〈◊〉 of Portugall , onely on purpose to be not espied : for if once it had beene but espied , in the hithermost coasts of Spaine , or in Portugall , presently by a sodainly crying vp to armes , their proiect had beene annihilated . For they intended indeed to assay Cadiz , that by the Poet is called ( When as his iourney he hath runn● The welcome lodging of the weary Sunne . ) And by some ancient Geographers , the bound of the earth ; which is a very famous place of Merchandise and Traffique ▪ which could easily haue beene defended , and could haue as easily hurt the assaulters , if it had beene but a very little warned of the danger ensuing , but none or few knew of it . For that place was appointed them in their Co●●issions , which were sealed , and giuen in seuerall ships ; and not to be opened , before they had out-reached the Promontory of Saint Vincent ; vnlesse by necessity , if perc●ance they had been set vpon by the enemy , or had beene s●●ttered from the rest of the Nauie , and that then they should ●●st them into the Sea. As they sailed against this Promontory ▪ they lighted vpon an Irish ship , where they vnderstood that all was safe and secure at Cadiz , from whence that newly put forth ; that there was not a word of any English fleet , and tha● there were few or none at all Souldiers , but some that lay at Garrison in the Island ; and that in the Hauen there were now Gallions , Gallies , Men of warre , and many more ships of Merchandise , laded with traffique for the 〈◊〉 voyage . Vpon the twentieth of Iune which was Sunday , a● breake of day , they cast anchor on the Westerne part of the Island , neere vnto St. Sebastians . Essex 〈◊〉 of courage , would presently haue landed the Forces , but the Admirall and Rawleigh liked it not ; the Admirall neuer approuing indeed any thing that was so headily ventured on , without mature deliberation . But at last being ouer en●reated , he condiscended that some few should ●rie if they could easi●y come a shoare : but it was in vaine , the S●a was so rough at shore . Essex was very earnest againe to set vpon the ships , G●llies , and Men of warre , that rode in the mouth of the Hauen : but that liked not the rest also , because they lay vnder the Block-houses , out of which , as also out of the ships there , and fifteene other Gallies , most certaine danger would come vpon them . The day after the Spanish men of warre , by reason of the 〈…〉 the Sea , sho● with the ●ide vnto the Castle P●ntall , a peece of earth that 〈◊〉 out further then the rest ; the Merchants ships draw inwarder towards Port Reall ▪ whereupon the English hauing waighed anchor , came into their places . Where they were set vpon with Ordnance on the one side from the Fort of St. Philip , and on the other side with shot from the Gallies . And now it was decreed vpon to set vpon the Spanish ships , whereat the Earle of Essex so greatly reioyced , that he threw away his Hat. This businesse was committed to Sir Thomas Howard , Sir Walter Rawleigh , Sir Robert Southwell , Sir Francis Vere , Sir George Carew , Sir Robert Crosse , and other Commanders of the smaller vessels : for it seemed not good ( the Sea now ●bbing ) to hazard the greater ships in the shallow ●●reights . Wherefore Rawleigh in the middle of the Gha●nell , directing his Foredecke of the Warre-spite , ( his ships name ) towards the Spanish men of warre , caused them to retire ▪ Marshall Vere thundred shot vpon the Gallies , out of his ship the Rai●bow ; who being in safety vnder the Towne , turned their Foredeckes vpon him , and hardly withstood him , till Essex came in to succour . And then they sought how to fly away : and creeping along by the shore , by the bridge of Suaco , by which the Island ioynes to the Continent , they got out into the open Sea , all sauing one or two which Wingfield in the ship called the Vant-Guard kept vnder him . In the meane time the Spanish men of warre hauing cast anchor at Puntall , turned broad side vpon them . And the English , that before by reason of the too-shallow depth could not come neere them , now came in cheerefully vpon them . Essex with his ship thrust himselfe into the middle of the skirmish , and the Admirall with his Sonne . In the Miranore they fought very ●iecrely from the breake of day , till ●oone : and by that time the Spaniards resolued either to set fire on their owne ships , that were now pittifully battered , and rent , and most in them slaine , or else to thrust into shore . Many of the fearefuller sort leapt into the Sea , willing to drowne themselues for feare of death ; some whereof perchance got to shore , others were taken , most of them drowned , and some that swomme still , and cryed for mercy , were by the mercy of the Admirall preserued . The Spanish Admirall called St. Phillip , being a ship of 1500. tun , was burnt , and one or two besides it : the ship St. Matthew preserued by the diligence of the Admirall , and the ship St. Andrew , by the care of Sir Thomas Gerard were both taken safe . After this Sea-fight was finished , Essex landeth his forces of some 800. men vnder the Blocke-house at Puntall , some league off from the City : and forthwith sendeth ●lifford , Blunt , and Gerard to breake downe Suaco , bridge , and the Engine whereby the Gallies escaped into the broad Sea , thereby to hinder a passage from the Continent into the Island : which they very prosperously performed . He makes towards the Towne in all haste , with his followers , viz. the Earle of Sussex , Count L●dowike of Nassau , William Herbert Sonne of the Earle of Worcester , the Lord Burke an Irish man , Sir Edward Wingfield , Christoper St. Lawrence , Sir Robert Drury , Sir Thomas Germin , Sir Christopher Heydon , Sir Alexander Ratcliffe , and other choyce Gallants and Nobles . First , the Spanish horse and foot come and shew themselues halfe a mile from the Towne , and then retreit againe . After , when more came forth , he commanded his forces to retreit a little , but yet in orderly aray and marshall manner ; and hauing entised the Spaniards vpon them a little , to turne vpon them with all speed . Which indeed they did so valiantly , that they put the Spaniard to flight , and so followed them at the heeles , that they scarcely could get in a●d shut the gates after them . The Earle gets vpon an vnperfect Fort neere to the gate , whence he views an entrance , which was so deepe , that it was a Pikes length to leape downe . Yet Euans Sussex's Lieutenant , Arthur Sauage , Captaine of the Earles band , Pole the red-Standard-bearer , Bagnall , &c. leapt downe . In the meane time Marshall Francis Vere , and the Earle burst open the gate , and rushed in . And now the skirmish began to be very hot in the Towne , in the middest of the streets , till at length , after halfe an houre they came to the Market place , from whence the Spaniards molested the English from the house tops , casting stones downe full vpon their heads . Captaine Iohn Wingfield ( who in the first skirmish hauing slaine a Spanish Commander ) was sorely wounded , yet hauing got thither with his troupe , was there shot through the head with a Bullet . Many amongst them were wounded , amongst whom Samuel Bagnall hauing receiued eight wounds , and Arthur Sauage all besmeared with bloud , were for their valour knighted . Presently vpon that the Lord Admirall , the Lord Thomas Howard , Sir William Paget , Sir Walter Rawleigh , Sir Robert Southwell , Leuison , Woodhouse , Mansell , and other Marriners , with Sir Edward Hobby Antient. And now the Spaniards gaue ouer fighting , and betooke themselues to the Castle , and the Towne-house : one whereof was forthwith yeelded ; and the other , the next day after ( vpon this condition ) that the Citizens might depart safe with their cloaths on , and the rest to ●urne prey to the English ▪ 50●0000 . Ducats should be payd for ransome ; and that forty of the best Citizens should be giuen as Hostages to the English for performance of these articles . Presently after Proclamation came forth , that no man should offer violence to any Spaniard : the woman , and all Ecclesiasticall persons were carried into P●rto Sanct● M●ria . In the meane time was Rawleigh commanded with his smaller ships , which found the Channell nauigable for them , to set fire on those Merchant Spanish ships , that had withdrawne themselues to P●rt Reall : there was offered for their ransome 200000. D●kats , but the Admirall in no case would heare of it , who said , his message was to destroy their ships , and not to bargaine for their liberty . Whilest these things were so in a contro●ersie , the Du●e of Sid●nia●a●ing ●a●ing vnladen many ships , commanded fire to be set on them , whereby they 〈…〉 , to the great losse of the Merchan●s , There was great store of w●rlike prouision found in the City , and greater store of money , whilest euery one grew master of what he could snatch for himselfe . The wisest men of iudgement ( considering the losse of the Spaniards ships that were fired , and that were taken , his great pieces of Ord●ance that were 〈◊〉 , and that were taken , and his prouision of victuals th●● was sp●nt ) haue adiudged the dammage to amount to twenty times 1000000. Dukats . No man amongst the English of any note was lo●t , besides Captaine Wingfield , who was most honourably bu●ied in the chiefe Church there ▪ with militarie obsequies . For a reward for their approued 〈◊〉 , there were about some threescore braue men knighted , the chiefest whereof were Robert Earle of Sussex . Count Lodowicke of Nassaw . Don Christoph●r● a Portugall , and Sonne to Don Antonio . William Lord Herbert , and Sommerset . The Lord Bourke an Irishman . William Howard Son to the Admirall . Robert Dudley . George Deuere●x . Henry Ne●ill . Edwi● Ric● . Richard Leuison . Anthony Astley . Henry Len●ard . H●rati● Vere . Arthur Throg●●●rton . Miles Corbet . Edward Conway . Oliuer Lambert . Anthony Cooke . I. Tounsend . Christopher Heydon . Francis Popham . Philip Woodhouse . Alexander Clifford . Maurice Berkley . Charles Blunt. George ●ifford . Robert Crosse. Iames Skidmore . Vrian Leigh . I. Lee. Richard Weston . Richard Wainman . Iames Wotton . Richard Rudall . Robert Mansell . William Mounson . I. Bowles . Edward Bowes . Humphrey Druell . A●ias Presto● . Robert Remington . Alexander Ratcliffe . ● . B●cke . I. Morgan . I. Aldridge . William Ashinden . Matthew Browne . Thomas Acton . Thomas Gates . I. Stafford . Gill. Mericke . Thomas Smith . William Pooly . Th. Palmer . I. Louell . I. Gilbert . William Heruey . I. Gray . Iohn van Du●enu●rd . Melchior Lebben . Peter Redgemort . N. Medkerke . Afterwards they treated of redeeming Captiues on either side , and then argued whether they should leaue Cadiz or retaine it still . Essex thought good to retaine it , because then they should be like vnto a naile vpon a sore to the Spaniard : he himselfe vndertooke to remaine there with foure hundred Souldiers , if they would but furnish him with prouision for three moneths . But the rest disagreed from him ; for euery man , hauing gotten wealth and credit enough , thought long till hee was at home againe : insomuch that they would not allow him prouision for one moneth , nor one ship , but vnwillingly droue him to leaue Cadiz . But before they went , they ransackt all the Island , demolished the Fortresses , set fire on most of their houses ; and on the fift of Iuly ( hauing bagg'd vp their spoiles ) the whole Fleet set from Cadiz , with these Testimoniall from the Spaniards : THat the English in religious matters shew themselues Heretiques ; but in all other affaires , warlike , prouident ; and truely noble . From thence first they come to the Towne of Phar● , whence the people all fled , where a ready furnished Library fell as a prey to the Earle of Essex : and there about some Spanish Gallies that followed a farre off , began to draw neere : but being commanded by the Admirall to depart , they forthwith obey : and turning away , bid the English ioyfully , God buy . An impetuous and violent North●winde hauing clearely droue the Fleet into the maine Sea , at the Promontory of S ● . Vincent : the Counsell sat vpon it , whether or no they should goe vnto the Islands Azores , and there expect the returne of the Indy Caraques . ●ssex propounded to them a dimission of all the Land-forces , and ships , by reason of want of prouision of victuals , and of diseases , that had sorely taken the Marriners ; onely desiring two of the Queenes ships , and ten other , wherewith he would go to the Islands Azores , and there expect the Carackes returne from the Indies . This no man else assented to , but Thomas Howard , and the Low-Country men . So that when Essex could not obtaine this , by much perswasion , he got euery man to testifie his opinion in the matter with his owne hand , if perchance the not doing of it should be obiected as a crime to any of them . At last he very hardly preuailed so much with them , that they would goe to the Gr●ine , but there was not one ship espied , nor in the next harbour Faroll . When hee throughly vrged them that they should land their Forces , and set vpon the Groyne : or going by the shore side of Galitia , set vpon the ships that lay in St. Sebastians Hauen , and Sr. Andrewes ; they would not so much as heare him talke thereof , but euery man with full sailes hastned into England ; and left him with some few more behinde , who complained much that there was nothing more done ; obiecting to them many errours in the Councell of warre , which they quickly satisfied , thinking themselues masters of wealth and glory enough , that hauing giuen such damages to the Spaniard , they returned safe with great spoiles , and not one ship lost or cast away . If that there were any errour by reason of them , it seemed onely to be so , because all things were not at ones command . But the Admirall ioyned himselfe with the Earle of Essex with good deliberation , that thereby he might well temper his young heat and courage , and his desire of glory with his mature moderation and well aduised resolution . Although out of this that haue beene already said , it doth sufficiently appeare , how great glory and profit redoundeth to the Queene and Kingdome by this expedition , and how great damage to the Spaniard ; yet it shall not seeme amisse to reckon out of the Earle of Essex his memoriall or Iournall these things more amply . First , For the glory of the English , England expected not the Spaniard ( that mighty puissant Prince ) threatning and preparing a most dreadfull warre against her : but challenged him in his owne dunghill , they dispersed and vanquished his so readily furnished Nauy , and the very greatest ships among them ; they brought home two great Galleons in triumph ; and with a few of their ships put to flight fifteene Spanish Gallies . They set many English Gally-slaues at liberty , and to the praise of the mercy of the Nation , let goe many Spanish Captiues . They ouercame one of the best fortified Cities of Spaine , almost as●oone as they saw it , continuing 13. whole daies in the enemies ground . Secondly , For the profit of the English : besides those two great Galleons , to encrease the English Nauy , they took 100. great Brasse pieces of Ordnance , and many other spoiles : both Souldiers and Marriners returned well fleshed with spoile , to their better encouragement for the like expedition . Thirdly , For the losse of the Spaniard , He lost thirteene of his best Men of warre , forty Merchants Indie ships , and foure other for traffique ; besides he lost great store of warlike prouision both for ship and victuals , insomuch , that not vnder a long time he seemed able to furnish another Nauy . He lost all occasion of trading this yeare into Noua Hispania in America . And which is a thing of no small moment , thereby the English haue learned what an easie thing it is to surprize the Spanish Sea coasts at any time . The Queene very courteously entertained them at their comming home , and gaue peculiar thankes to euery particular man of any note : but especially to the Earle of Essex , and the Admirall , whom she highly magnified with her eminent prayses . When she had called to minde , whome of these braue Souldiers she should make Gouernour of the Hauen of Brill , which lay as a caution with her for the payment of the States money , ( for the Lord Sheffeld had voluntarily resigned ouer his place ) Sr. Francis Vere Colonell of the English vnder the States , seemed worthiest thereof . And although many of the Nobility stood for the same ; nay although Essex himselfe opposed him , and most of the Nobility , thought the place more worthy of some nobler man ; The Queene that well knew his descent , ( for hee was Nephew to Iohn Vere the fifteenth Earle of Oxford ) and besides found his valour and loyalty so well approued , in that hee had vanquished the Spaniard at Rheinberg , that hee had taken the Castles of Littenhouen and Buric , and that he had recouered the Fort at Zutphen ; after due deliberation , not onely preferred him in the election before the rest , but withall gaue him leaue to keepe his place still amongst the States , which many others much desired ; although she could confesse , it was not very fitting to make one Gouernour of a Towne of the States that was pawned to her for the paiment of her money ; who besides , was but an hyreling to the States for his pay . This the Earle of Essex ( who had commended many to the Queene ) tooke heinously , nay very vntowardly , not hiding his anger from the simplest iudgements ; but worst of all , when in his absence Sr. Robert Cecill was made Secretary , to which office hee had before ordained Sr. Thomas Bodley , by reason of his well-tried wisedome in the Low Country affaires , and to the purpose had so highly extolled him to the Queene , as one most fitting , and bitingly calumniated Cecill , with odious comparisons . In the meane time the Spaniard to repaire the lost glory of Cadiz , and to heale those incommodities which since that time daily grew vpon him , rigging vp all ships he possibly could , furnisheth his Nauy at Lisbone , hee furnisheth himselfe with all the forreine ships that lay in the Hauen ; hee mustereth vp his Forces at Faroll : from whence they were to saile into England , and Ireland : but in their voyage , as report hath giuen vs to vnderstand , a great tempest arising , most of their ships either shipwrackt vpon the rockes , or were suncke by the billowes , insomuch that the loyall aire seemed to fight in the defence of England , and her Queene : for she heard of their destruction sooner then their expedition . But for all that she fortifies her Castles and Forts by the Sea side , at Sandford , Portland , Hurst , Southsey , Calshot , S. Andrewes , and S. Maudite , and furnish●th them with munition . And that her friendship and League with the French , against the Spaniard , might grow stronger , shee strengthened it with these additions . ALL former Treaties and confederacies shall be confirmed , and continue in their force and vertue ; vnlesse , there whereby they derogate from this present Treatie . To this League shall all Princes and States be inuited , whom it concernes to be carefull of the Spaniards practise . Assone as possibly can be , an Army shall be mustered , to inuade the Spaniards . Neither the K. of France , or the Queene of England , shall haue any treatise with the Spaniard , without both's consent , because the Spaniard now besets the Dominions of France that are neerest to the Low Countries , the Queene shall send 4000. foot , who shall serue the King of France six moneths this yeare in any place , that shall not be aboue fiftie miles from Bononia by the Sea side . In the next yeare following also , if the affaires of England can spare them , they shall serue the King as long ; wherein they shall stand to the assertion and conscience of the Queene . When the Irish sedition shall be alayd , the King shall stand to the good will of the Queene , to haue 4000. sent ouer to him . The English shall be vnder the French Kings pay , from the time of their arriuall , to the time of their departure . The Queene shall from time to time supply the want of that number . That the Pay-masters shall be the Queenes Seruants , and her money , euery moneth : for which the King shall be bound within six moneths fully for to satisfie her , hauing resigned ouer foure Townes . If that the King shall stand in need of greater Forces , the Queene shal muster them in England , and the King shall pay them out of his owne moneyes . The English that shall serue the King , shall be subiect to the Kings officers , and punished by them ; yet so , that the English Captaines also be called by the said officers , and sit with them in iudgement . If the Queene chance to be inuaded , and shall demand aide from the King , he within two moneths shall muster vp 4000. foot , and send them ouer into England , at his owne charges , and they shall not be drawen further then fifty miles from the shore ; and the Queene shall pay them from the time of their arriuall in England . The said French Souldiers shall be subiect to the Queenes officers , after the aforesaid manner : the King shall also continually supply the number . The one shall furnish the other with all kind of warlike prouision , so long as it preiudiceth not the State. The Merchants shall mutually defend each other in either Kingdome . The King shall not suffer the English to be troubled in cause of Religion : the paiments of the Captaines and Souldiers shall be set downe in a little roll . And shortly after there was another Treatie , wherein it was agreed , that in this yeare onely 2000. English should be sent ouer , which serue onely at Bononia and Monstrell ; vnlesse it chanced that the King was personally present in Picardy , &c. To the performance of these Couenants the Queene took her oath in the Chappell at Greenewich , the 29. of A●gust , deliuering them to the hands of Henry de la Tour Duke of Bulloigne , Viscount Turene , and the Marshall of France : the Bishop of Chichester giuing to her the holy Testament , and many Noble men encircling her round about . In September next William Talbot Earle of Shrewesbury is sent ouer into France vpon an Embassie , that the King might make the like oath to him in the roome of the Queene : that he might present Anthony Mildmay in the place of Leager in France ( by reason of the death of Henry Vmpton late Leager there ) : that he might inuest the King with the Order of St. George : and shortly after Sir Thomas Baskeru●●e passeth ouer with 2000. foot into Picardy , according to their last Couenants . Amongst these warlike affaires that some what disquieted the peace of the Land , there was also a base sort of people , that hauing taken vpon them the authority and badges of the Queens Apparitors , wandred vp & downe England , with falsified Commissions , & the hands of the Counsell , & other Delegates in Ecclesiastical causes , searching out all poore widows and Papists houses : They took away almost by way of robbery , al Vessels , Chains , Iewels , or any thing that bare vpon it the picture of Christ , or any of the Saints . They seuerely exacted the allowance by the way due to Apparitors , and cousened many poore silly fearefull people of their money , that they might not appeare before the Magistrates . Some of these being taken , were compelled to restore againe what they had thus robbed men of , and were set in the Pillory , their eares clipped off , and branded in the forehead , as cheaters and couseners . Yet for all this , this seuerity could not keepe vnder this villany that had spred abroad , vntill publique notice came , that Apparitors should not demand their Viaticum before those that were cited did appeare , and the Apparitors also with them , before the Magistrate ; If that many were cited by the same Commission , vpon one and the same day , the Apparitors were also to be present ; If that any man that was cited suspected his Apparitor , hee might warne him before the next Iustice of Peace , to be examined , that it may be knowne whether he be one or no. They who were cited vnder paine of excommunication , were not to bribe the Apparitor , that they might not appeare . Also , that the Apparitors take no such bribe , vnlesse they would lose their places , be imprisoned , and lyable to seuere punishments . This yeare returned Thomas Arundell of Wadour , whom the Emperour created Earle of the Holy Empire , and all and euery one of his Heires , his Posterity , and those that shall descend from him , lawfully begotten of either sex , Earles and Countesses of the Holy Empire ; for because the Queene in her Letters had commended him as her kinsman : and because he had deserued so great an honour in his braue behauiour in the Hungary warre against the Turke . This title whosoeuer is master of , are said to enioy by vertue thereof these priuiledges , that in all Imperiall Diets they haue both place and voyce , they may purchase Land in the Empire , they may muster vp Voluntaries , and need not to appeare being cited to iudgement , but onely in the Imperiall Chamber . When he ( after his returne ) grew somewhat famous among the common people , by reason of this Title there arose vpon it a question presently , whether a Subiect ought to admit of any such Honour or Title from a forr●ine Prince , his owne Prince being not acquainted with it ? There were indeed those that thought that such rewards for valour were to be allowed of , from what Prince soeuer they were bestowed , by reason that vertue growes lanke without her rewards of merit , vrging the example of Henry the third King of England , who very thankfully acknowledged Reginald Mohune , made Earle of Somerset by the Apostolike authority of the Bishop of ●ome . Also of Henry the eight , who did so congratulate Robert Curson , whom Maximilian the first Emperour , had created Lord of the Holy Empire , for his warlike valour , that he reckoned him amongst his Lords of England ▪ and allowed him an annuall pension for the better maintenance of his dignity . Besides they vrged some braue Scottish Souldiers , as of Archibald Duglasse of Wigtone , who receiued the Title of Duke of Tours from the French King : and of Iohn Steward , who was by the King of France made Earle D' Euereux , & that the Scottish kings esteemed this as an honour to the Nation . But the Lords of England imagining that this would bereaue them and their Heires of some of their prerogatiues , if so be they and their Heires were to giue place to such an vpstart Lord and his Heires for euer , argued against it thus : that such Titles of honour are neither to be receiued by the Subiect , nor to be allowed of by the Prince . That it is the property of the Prince for to conferre honours vpon his owne Subiects , and not for any Forreiner to doe it , according to the words of Valerian the Emperour . LEt that be onely an Honour , which is bestowed by our command . Vrging , that there is a great detraction both from the Maiesty of the Prince , and the dutie of the Subiect , if they may be tolerated to receiue Dignities from Forreiners . For there must needs be a secret allegiance betweene him that is honoured , and the party honouring . That these kinde of Titles are nothing else but a cunning sleight , to prefer men out of the obedience to their Prince , to any strange Forreiner . That there may be an action of theft against him , that shall brand another mans sheepe with his marke . Also that there may be an action of cousenage and deceit against him , that shall spread abroad fodder to entice another mans sheep into his flocke . And although mighty Princes are not bound to these Lawes , yet are they by the equity of these Lawes , and the Law of Nature : As in the Citie and Common-wealth of Rome no man could be a Citizen of that and any other City ; whereupon Po●peius Attic●● refused to be reckoned as a Citizen of Athens , lest he should lose his right in the Citie of Rome . So in the Common-wealth both of Venice and Genua , whosoeuer receiue a Spirituall diginity from the Pope , or any Temporall one from any forreine or strange Prince , is held suspected of his Loialty , and suspended from the vndertaking of any office publike . Concerning the obiections they answered , that indeed it might come to passe , that Henry the third , out of his simplicity and the times iniquity , might allow of Reginald Mohune , thrust into an Earledome by the Pope , when as his Father hauing beene excommunicated , and threatned depriuation , was compelled to acknowledge himself the tributary King of the Pope of Rome : and yet it appeareth vpon Acts and Records of those times , that Mohune was not accounted as Earle of Somerset . Concerning Henry the eight , they made answer , that he therefore accounted Curson as one of his Lords , that he might obscure that shadowy title of Lord of the Holy Empire ; but withall obseruing , that hee allowed him no voyce in Parliament . But as for the Scots , that it was no wonder if they receiued and allowed of honour from the French , when they shew themselues to bee vnder the tuition of the French Floure-de-luce by their Kings armes , and the Floure-de-luce therein . Many indeed esteemed an Earle of the sacred Empire of no better ranke then a publike Notary : as they esteemed all the Counts and Viscounts of the Holy Palace at Lateran created by the Pope : or the Kings Physitians , Lawyers , Grammarians , or Rhetoricians , who hauing professed 20. yeares , boasted themselues with the title of Count Palatines : but we know that the Count Palatine is an honoured title , and hath Princely iurisdiction in it's owne courts , in Fees , and fading heredities . THe Queenes censure was , that as a woman should not follow any man but her husband , so a Subiect should not receiue any thing but from his owne Prince . I would not sheepe my should be branded with anothers marke : neither would I haue them to be at anothers call or whistle . Within the compasse of this yeare some of the greater sort , and of the Nobility , departed this life . Amongst whom , the best worthy memory , were Iohn Puckering , Lord Keeper of the great Seale : who although he himselfe were a man of an vpright sincerity , yet by reason of his corrupted seruants that set to faire , Ecclesiasticall Benefices for the best price , he was but hardly spoken of by the Clergy men . Thomas Egerton the Queenes Attourney Generall , succeeded him in his place , who in the integrity of his vertues , equall●d the great expectation that was of him . Richard Fletcher Bishop of London , a very famous Prelate , who being sorely troubled with the displeasure of the Queene at his marriage , ( as she was at the marriage of all the Clergy ) to get that away , lost his life . Henry Cary , Lord Hunsdon , Lord Chamberlaine of the Queenes Court , Gouernour of Berwicke , and Knight of the Order of S. George : a man of a great stomacke , but very cholericke , and somewhat discontented , that being somewhat of kinne to the Queene , hee attained but meane honours , and wealth , departed also ; his Sonne George succeeded him in his dignities : and the Lord Cobham in the Chamberlaines place , who continued in it but few moneths . Another was Francis Knolles , who had married the Lord Hunsdons Sister , and for the truth of the Gospell had beene banished into Germany : first hee was Sub-Chamberlaine to the Queene , afterwards Captaine of the Guard , afterwards Treasurer of the Queenes Houshold , and one of the Order of S. George . In his Treasurer-ship Roger Lord North succeeded him ; and his Sonne William Knolles was made Comptroller of the Houshold . Another , towards the end of the yeere , was Henry Hastings Earle of Huntingdon , the third of that stocke , President of the Councell in the Northerne quarters : and being a man of a milde disposition , but very earnest in the purity of his religion , he spent most of his patrimony in costly succouring and cherishing of the more feruent sort of Ministers . He was buried in the county of Leicester : and Francis L. Hastings died then to . And the Presidency of the Councell committed to Matthew Hutton , Archbishop of Yorke ; but without the title of President . Neither among so many men is the death of that worthy woman Margaret Clifford , Countesse of Darby , the onely daughter of Henry Clifford Earle of Cumberland , which hee had by Elenor Brandon the Niece of Henry the Eight , to bee concealed ; who out of a womanish curiosity , and weakenes of her sexe , being too credulous , and somewhat ambitious of farre fetcht hopes , dealt with Southsayers , and in striuing to get the knowledge of things to come , lost the presentfauour of the Queene , and her life presently after . THE FORTIETH Yeere OF HER REIGNE . Anno Domini 1597. IN the beginning of this yeere , how great prayse of their valor Robert Sidney and Francis Ver● with the English forces in the battel at Turnholt in Brabant vnder the conduct of Maurice of N●ssaw did deserue & beare away , hauing slaine 2000. Neapolitanes and Germanes , the Low Countries historie doeth report . I hasten and intend to greater matters . The Queene being giuen credibly to vnderstand , that the Spaniard was prouiding a new piece of warre out of the old decayed reliques , and other ships , which he intended against Ireland , prepares her Nauy of ten of her owne Ships and as many Hollanders , either to diuert his proiect , or to delay it . But when as this number seemed but very small , there were more added , fiue thousand Souldiers prest , besides a thousand old Souldiers whom Vere brought out of the Low-Countries . So that in all in this Nauy , there were one hundred and twenty Ships . Seuenteene of the Queenes , three and forty little men of warre , the rest to carry prouision . The Nauy was diuided into three Squadrons . Essex commanded the first , who had the whole Expedition committed to his care ; Thomas Howard the second : and Walter Rawleigh the third . Charles Blunt Lord Montioy was Captaine of the Souldiers vnder the Earle of Essex , and Sir Francis Vere Serieant Maior . Sir George Carew master of the Ordnance and Engines , and Sir Christopher Blunt chiefe Colonell . To this warre also went the Earles of Rutland , and Southampton ; the Lord Grey , Cromwell and Rich : with many other Knights , and other Gentlemen . These with their sailes displayed , and other costly vanitie ( that is peculiar to the English , when they goe to warre ) set forth from Plimmouth the ninth day of luly . After two dayes , to euery Ship was deliuered her Commission signed , whither she should bend her course ; which way to Feroll and the Groyne , that there they might expect the Spanish Nauy , and assault it , and surprize the Indy Nauy at Azores . After mature deliberation , this was thought most expedient to be done . For so should England rest in security : the Nauies of both the Indies being not defended should be easierly surprized ; the Islands Azores should be surprized , where both the rich Nauies from the I●dies in their returne , arriue and water themselues . The Queen should be made absolute Commandresse of the Sea : The Spaniard dispoyled of his Nauy ▪ should either bee compelled to a peace vpon any equall tearmes ; or to his great dammage to renue his warres againe . Essex had resolued , as at least made shew , and sometimes publiquely professed ; That he would either vanquish this Nauy , that so hath threatned England the last yeare ; or else sacrifice himselfe to the good of his Countrey . But they had scar●e gone forty leagues from Plimmouth , when a fearefull tempest rushes vpon them , North●west , and a mist takes away sight from them . The Ayre with thunder , and the water with tumultuous waues , reflecting from the sides of the ships with a fearefull Eccho , did so rage foure dayes together , that the Mariners themselues were affraid , the Souldiers trembled , and the whole Nauy much di●●ected , not without great danger hardly recouered Plimmouth againe , and other coasts thereabouts ; the Admirall it selfe , was so battered , that it was scarce of any ●se : & some of 〈◊〉 fresh-water Souldiers , were so troubled with an ●nmannerly Stomack , that they stole home againe secretly . The Na●y being againe refresht , and repayred , although to the diminishing both of the number & strength of the former ; forthwith puts forth againe , but found the winds so contrary , that for a whole moneth they could not get out of the Hauens . And by that time prouisiō of victuals grew very scarce among them , ( whereof they could haue no supply , but out of the East part of England , and that in no little time ) wherefore it seemed good vnto them to discharge all their Souldiers beside one thousand old ones , and to dismisse most of their Ships of lesser weight , and not to goe to Fer●ll or the Groyne . And then it fell to be deliberated on , whether or no they should make their expedition to the Islands Azores ; which all agreed vpon , that they should ; but only Vere , who said it would neither be for the profit nor the credit of the Queene ; since that with so few Ships , and so small forces , nothing could possib●y be effected , that might satisfie their owne desires , much lesse Englands expectation ; and that England in the meane time wanting her choycest Captaines ; and part of the Queenes Nauy , would more easily be inuaded by the Spaniard . Hereupon Essex and Rawl●igh ride post to the Queene , to take counsell what should bee done . Essex proposed great matters , full of difficullty , fitting for the loftinesse of his minde , promising with part of the Nauy , and som● Souldiers , if they were but committed to him , to goe God knowes whither . But the Queene refusing any such matter , he vndertooke to ouercome the Spanish Nauy in the Bay at Fer●ll , if so be , that by the Queenes good leaue , he m●ght but lawfully venter the two great Ships taken from the Spaniard , Saint Andrew and Saint Matthew ; and a thousand old Souldiers , vpon some danger , and leaue the rest of the Nauy without the Bay , wilest he there tried his fortune with them . The Queene would neither allow of this ▪ but vpon many good cautions . Yet at length ▪ the matter was le●t to their owne iudgements ; but yet so , that they should embrace all opportunity of burning the Spanish Nauy at Feroll or surprizing the Indy Nauy : and as new occasions fell out , so sh●uld they vse the iudgemen● and discretion of the Coun●ell of warre . Hauing returned to Plimmouth the seuenteenth of August , with aside wind , they euen wrested themselues out of the Hauen : but yet before they came in the sight of Spaine , they were deiected by another cruell tempest , the great Ship Saint Matthew hauing his Mast and Saile-yard broken , shipwract ▪ vpon a rock , and the other Ship Saint Andrew was thereby taken away from all the company . The rest of the Nauy in short time hauing got together againe , spread their Sailes in the sight of Ast●re and G●llece ; but with little good aduise , according to the opinion of the wiser sort , since such and the like vaine-glorious o●●entations , were very hurtfull to Drake in his two last expeditions to America ; and to Norris in his expedition to Portugall . For enemies being forewarned , are quickly strengthned to a resistance . Neere the Promo●tory of Nereus , the Saile-yard in Rawleighs Ship by reason of the violent tempest , brake and fell downe ; came Thomas Howard , and after perswasion ▪ obtained the remission of this offence ; whereupon both Rawleigh , and the other Captaines , that were put out of pay , are receiued againe into fauour . For as Essex was of a credulous nature to belieue any offence or iniury against him , so hee was of as milde a nature to forgiue it ; but yet so , that the enimity which was on both sides , was rather lulled a sleepe for a while , then taken for euer away . Whilest these things are in action , the Fort against ▪ the Towne is forsaken by the Spaniards , that lay at Garrison in it ; and in it were found two English men with their throats cut . Being sent forth to search about ▪ and hauing ▪ preyed round about one part of the Isla●d , they return●d as they went , but after some few days , hauing ●aken away their Ordnance , they quite demolished the Towne , and consumed it to ashes . From thence they sailed to the Island of ●ratiosa ▪ the Inhabitants whereof , as those also of 〈◊〉 referred themselues to Essex mercy , and obtained it . He resolued to haue landed at Gratiosa , and to haue viewed the place well , intending there to wait for the Ind● Nauie ▪ But being ●●sswaded from it by ●●aue an vnlucky Master of a ship ▪ thinking that no fit ●●y for the ships , from thence he b●nds forwards 〈◊〉 St. Michaels Island . But giuing command to Vere , and Nicholas Parker ; that they should lye at watch betweene St. George ▪ and the Island Gratiosa : and co●●●●ding the Earle of Southampton , and sir William Mouns●n ▪ to w●tch at the Western side of the Island Gratiosa with their ships ▪ and others other where . But behold , not aboue one or two houres after tha● the English had vnwillingly put from the Island Gratiosa●nticed ●nticed thereto by an il● destiny ▪ the Spanish Naui● from America , consisting of forty ships , seuen whereof were full fraught with treasure , arriues at the same place . And vnderstanding that the English were thereabouts , the Spa●iard straightway goes towards Tercera . And in the tempestuous night lights vpon Mounson , which he de●ies with his Ord●●ance shot off : the noise whereof was heard a farre off , and receiued with an huge Mar●iners shout , euery one prouides for battell . Mounson , Southampton , and Vere , that were neerest to them , followed them , but leasurely and a farre off , expecting the ayde of the rest . In the meane time the Spanish Nauie in rancke and order came into T●rcera Hauen : yet three of their ●hips ( rich enough ) were surprised by the English. After this Southampton and Vere tryed by bigger ●oats to enter the Hauen in the night time , and cut the Cables of the our most ships , that the winde might driue them out into the Sea : but the Spaniards vigilancy preuenting the effect of this policy , made all their labour frustrated . Wherefore , forthwith they sent out a little Brigandine to certifie Essex thereof , vndertaking themselues to keepe the enemy from passing through them . Essex within one or two daies after came in with the rest of the Nauie , demanding the opinion of the Captaines in this matter , what should be done . Some Colonels and many Commanders desired to hazard the danger of so●ting vpon the Nauie , and the towne ▪ all thinking it an easie matter , as Essex himselfe thought also ▪ But the Marriners thought the contrary ; as also Mo●tio●● and Essex himselfe was faine to thinke too , after they had viewed the place a little neerer , and saw the Nauie close vnder the Forts , the Hauen fortified with workes , situation , and a Garrison : the Ordnance euery where brandishing themselues against them ; and the winde so crosse , that they could not vse the benefit of wild-fire . Afterwards , hauing knighted Rutland , Southampton , William Euers , William B●odon , and Henry Docwray , he returned to S● . Michaels , and cast anchor , before the chiefe City thereof , which they call Ci●idada ▪ and that , being beauti●●● to behold , enti●ed the Souldiers very much to prey vpon it . Essex quite forgetting his authority , gets into a little Boat , to obserue and view where hee might get best landing , but being hindred with the tempestuous waues , and the souldiers that now guarded the shoare , he thought it not good there to land his forces . Wherefore he commanded Rawleigh to continue still in the Bay with his ships , that he might keepe the enemy in an expectation of his landing and comming on shoare , whilest Essex himselfe went , and landed elsewhere . Who landing some six miles off at Villa Franca , an handsome Towne , rich in Merchandize , Wine , the hearbe Woad that dieth blew and corne , he tooke the same almost without any resistance . There hee tarryed six daies , and the common Souldiers found a very good booty . Rawleigh all this while in vaine expecting them at Saint Michaels . At which time they descried not farre from St. Michaels an Indian Caracke , comming with full saile ; which when by reason of shot out of a Hollander , she perceiued her enemies were neere about her , violently put on shore , where hauing vnladen very rich Merchandise , and taken fire instead thereof , she burnt two dayes . Thus enuious fortune in this voyage thwarted the English designes . And although chances fall no where more then at Sea , yet these errours in them seemed to be willingly committed , and the frustrated enterprizes proceeded from the enuious emulation whereby one would striue to steale credit from the other . On the ninth of October , wherein the Sea was very full of daily tempests , Essex hauing giuen notice , commanded that they should waigh anchor , and turne home all for England . But within a day or two after there arose a great tempest out of the North , which scattered all the ships vpon the Sea , euen the Spanish Nauie , with all her prouision against England that lay at Feroll : but so , that neither the English nor Spanish Nauie euer came in sight of one another . Not one of the English Nauie perished in this tempest , but many of the Spanish , as they re●ort : one of them tumbled and tossed from place to place by the tempest , at last was driuen vpon Dartmouth ▪ the Souldiers and Marriners almost starued with hunger . These informed vs that the Spaniard had 〈◊〉 to s●aze vpon some Port in Cornwall , whose scituation might be fittest for receiuing aide from Spaine , that thereby they thought to keepe the English from warre , as also to hinder their voyages into the East Indies , and Spaine it selfe . But so did the diuine powers ( that decide such controuersies of warre ) part the fierce quarrels betweene both Na●ions , that for this time both their expectations were very much frustrated . At length towards the end of October , came Essex home safe to England , but his ships very weary and weather-beaten , but with a spoile of sufficient value . Then concerning this Voyage , many men seuerally spent their opinions , some out of loue to Essex , some out of ill will to Rawleigh , and the loue of the Queene , whereof both of them were very well experienced , by a strange effect encreased the ill will of the people towards the one , ( which indeed a sinister opinion of his impiety much encreased ) and the loue of them towards the other , by reason of his affablenes●e , and the great conceipt of vertue and valour that was in him . Certainly none could finde a want , either of valour in danger , or of wisedome in consultations , in either of them : but happy successes to either none could assure himselfe of , since they depend vpon the prouidence of the Almighty . But certainly the enmity betweene Rawleigh and Essex euery day grew vp higher , whilest one cast the misfortunes of the voyage vpon the others negligence . Besides , Essex was much grieued to see Robert Cecill the last yeare that was made Secretary to the Queene , for all his opposition against him , now in his absence to be made Chancello●r of the 〈◊〉 of 〈◊〉 ; to whom hee alwayes opposed himselfe , as emulous of his wisdome , and too great a fauourite of Rawleigh . But he was further grieued to heare Charles Howard Admirall made Earle of Nottingham , with this Testimoniall in his letters of Honour . THat he secured England from all danger of the Spanish inuasion , hauing gotten a bra●e victory in eighty eight . That ioyntly with our deare kinsman Robert Earle of Essex he had valiantly and magnanimously by open violence taken the Island and City of Cadiz , that was strongly fortified . That he had wholly vanquished and ouerthrowne an entire Nauie of the King of Spaine , that stood ready in the said Hauen to assault the Kingdome of England . These things Essex ( who had challenged to himselfe all the glory thereof before ) now construed them as done in disgrace to him , and great preiudice to his valour ; especially considering that the Admirall ( who being a Lord ) was behinde him in honour , now by being made an Earle should haue the prerogatiue of superiority ouer him . For it was established in the times of K. Henry the eight , that the Lord High Chamberlaine of England , High Constable , the Marshall , Admirall , and Lord High Steward , and Chamberlaine , should haue preheminence about ●ll that were but of the same degree . But yet the Queene ( which was alwaies a fauourer and an enlarger of the dignities and honours of Essex ) to qualifie his distast , and so set him before ●im againe , made him Earle Marshall of England ; an office which had ●aine a sleepe euer since the death of the Earle of Shrewesburie . This yeare came Paulus Dzialinus Embassadour from Sigismond King of Poland , a man of greater a●●●city then ordinarily the disposition of that Nation atta●nes vnto : from whom , when the Queen expected great acknowledgment of her Fauours , and thanksgiuing for the peace wrought by her from Amurath Emperor of the Turks , He ( after he had deliuered his Letters to the Queene ( sitting in her Chaire of state ) which the Nobles about her , & she , began to reade them ) in a very vnseemly & vnusuall manner in England , descends to the lower part of the Priuy Chamber , and there in a lowd tone began in a Latine Oration to complaine , that the priuiledges Prutenick , and of the Polonians were not onely much enf●inged , but euen violated contrary to the Law of Nations : in that their traffique with the Spaniard was made vnlawfull , and prohibited by the Queene : and that vnder colour of that , that the Polonian goods were forfeited to the Queenes Exchequer . Vrging , that his Master could not beare with this without complaint , in respect of the great damage which he hath sustained ; as also the affinity of him and the Spaniard , and the House of Austria . Wherefore , that 〈◊〉 required of the Queene , that these things that had been ●●ken away should be restored againe ; and that he might h●●● free traffique with the Spaniard . Which if she granted not , that his Master would take some order to prouide for the safety of his Subjects , and his owne estate , and it may 〈◊〉 make those repent it that were the occasion of the first 〈◊〉 offered him . The Queene somewhat amazed at the bold speech of 〈◊〉 Embassadour , in a sober rebuking Rhetoricall answer , ●●ded him these words : LOrd , how was I deceiued ? I expected an Embassadour , I found an Herold . I neuer heard such an Oration all the daies of my life . Neither can I sufficiently wonder at so great 〈◊〉 rashuesse : If that your King euer willed you to these speech●s , which I much doubt of ; I doe therefore thin● he did it , because , being a young man , and not chos●● according to the vsuall succession of bloud , but by election : he doth not vnderstand the affaires of Traffique , or those businesses that haue been passed , through by Vs , and his Pr●decessours . For your part , you seeme to Vs to be well read in many book●● , but yet to be very shallow in Policy , or matters belonging thereto . For , for asmuch as you haue so often vsed the Law of Nations in your speech ; you ought to haue knowne that two Kings being at warre one against another , it is lawfull for one side to seaze and surprize all aide and succour that is sent to the other side ; because he is bound to prouide that no damage from thence come to his kingdome and Common-wealth . This we say is agreeable to the Law of Nations , which we not onely do , but euen the Kings of Poland & Sweden haue done the like , in the warres against the Muscouians . As concerning the neere affinity which you boast of betweene your Master and the house of Austria , you might also well remember , that some of that Family of Austria were so neere your Master , that they would haue got into his roome , and got the Kingdome from him . For other matters you shall vnderstand what Our will and pleasure is by our Counsellours . And hauing spoke thus , she betooke herselfe into her Closet . The Embassadour in conference with some of the Queenes Councell ( that he might excuse himselfe ) shewed vnto them his Speech written , which he said was made by others , and deliuered to him by Thelitiskius Chancellor of Sweden , Zamoske being absent , and not knowing of it . Shortly after the Queene sent Burghley Lord Treasurer , the Admirall , Robert Cecill , and Fortescue , of her Prluy Counsell , willing them to certifie him these things . That the priuiledges which haue beene heretofore granted to those Cities in Poland , as also to the Hans-Townes in Germany , were abrogated in the time of Edward the ●ixt ; yet that the Queene permitted them to traffique with the English , vpon equall termes , & the like right . But that she could not giue thē leaue to traffique by a better right , vnlesse ( that like a wicked mother ) she should neglect her owne Children , and make more of strangers . That to surprize aide that goes to her enemies , is not against the Law of Nations , since Nature her selfe allowes that liberty , that euery man should defend himselfe as well as he can ; and that that Law is not written , but borne and bred in vs. Besides , that in the mentioned priuiledges there was a Prouiso , that those Cities should not furnish the enemies of England with any prouision , as appeares in expresse words . IT shall be lawfull for the foresaid Merchants to carry their Merchandise whither they will , either within Our Realme of England , or without , prouided alwaies , that they carrie them not to the Lands and Kingdomes of our manifest and notorious enemies . Besides all this , he was giuen to vnderstand , that but lately , which was fresh in their memories , the Kings of Poland , and Sweden , surprized and con●iscated certain English ships , and Merchandize , onely vpon suspition that they had aided the Muscouian with prouision . The Embassadour being demanded what he could say to these things , made answer , that he had no command to answer any thing , but to deliuer his message , and returne an answere , and shortly after he was very courteously dismissed to returne home . By this time the importunate supplications of the Hans-Townes to the Emperour of Germany had so farre preuailed , that by Proclamation the society of Merchant Aduenturers were forbidden all traffique in Germany , by reason , that they traffiqued onely according to the Lawes of England in the Empire , and not according to the Lawes of the Empire . So that , when the Queene had long time dealt with the Emperour by Sir Iohn Wroth , and with the Princes of the Empire by Stephen Lesure , for the suspention or delaying of this Proclamation , and all was in vaine ; the very same day that the English Merchants were warned to depart Germany , she banished all the Hans-Townes men and Merchandizes out of London , commanding the Lord Major to take possession of the houses they had in the Citie of London , which we call the Stiliard . And hereupon they assembled all of the Hans-Townes at Lubecke , on purpose to hinder the traffique of the English in Poland , and Germany , by all meanes . The Queene that she might nu●lifie these malicious practises , sent Sir George Carew Master of the Chancery into Prussia , to enforme the King and States of Polonia , and the Prutenic Cities , those things which she answered to Dzialine , the last Embassadour : as also , to certifie them , that the Queene will willingly permit them to trade into Spaine , with Corne , and all kinde of Merchandize ( onely except warlike Munition ) although both by the Ciuill law , and the law of Nations , she might surprize any thing that is sent to her enemy . Also that she was contented that the Hans-Townes should enioy their ancient priuiledges in England , vpon condition , that they should acknowledge them as her meere fauours , and not as couenants lawfully and rigorously to be demanded : for those priuiledges which are granted to Subiects by Princes , much more to strangers , and forreiners , may be suspended , reuoked , and quite abrogated according to the diuersity of times , the good of Common-wealths , or other the like causes . Withall , that the Hans-Townes had had experience thereof in Denmarke , and Sweden , and in England , in the time of Edward the sixt , Philip and Queene Mary . Besides , that the case is not all one with Cities and Kingdomes : and that Princes ought more to haue a care to protect and patronize their owne honour and Maiesty , then the co●etousnesse of some Merchants . C●rew so effectually dealt with them , that they promised not to send any of there Embassadours to Lubecke , or to conioyne them with the Hans-Townes in Germany . Which hauing effected , he passed ouer into Sweden , where hee met the King of Poland at Steckburge , brought into very narrow streights by his Vnckle Charles : but he wrought but little with him ; by reason ( as the King himselfe court●ously answered ) that alwaies it is prouided by the Lawes of the Realme , that the King alone shall neuer enter into couenants ▪ or any bargaines or conditions with any Forreiner . Hauing had other Le●ters deliuered to him by the Vice-Chancellour ready sealed , he refused to take them ( the title of his 〈◊〉 the Queene being not absolutely perfect and compleat on all sides ) lest thereby he should seeme to derogate from her Honour : and that is indeed the ob●ect of an Embassadours greatest care , although in the smallest matters , as this was onely in the superscription . From thence he passed vnto Elbing , where he composed and ended many quarrels and contentions between the English and the Citizens thereof ; but this was in the next yeare : yet I thought it fit to forestall the narration of it , rather then to rent his owne voyage , and the readers patience into a distraction . This yeare also came Arnold Whitfield Chancellour of Denmarke from Christian the fourth King of Denmarke ; and with him Christian Bernick ; who restored againe the Carter of the Order of St. George , wherewith the Queene had honoured Fredericke the Kings Father . He requested the renewing of the ancient League betweene England and Denmarke ; also that the Danish goods might not be surprized by the English at Sea. He pretended that the English vsed Fishing at Norway and the Islands , against the League : and also promised his Masters endeuours to reconcile the Queen and the King of Spaine . The Queene hauing courteously entertained them , promi●eth that the League should be renewed the goods ( if any were surprized ) should be restored , and that no more should be surprized ; also , that the Fishing should be lawfully vsed , according to the ancient Leagues . But concerning a peace with the Spaniard , who had first brake it so treacherously , and especially to get it by a third man , that should seeme to procure such a commodity for her , she thought it not to stand with her honour , nor the weale of her Kingdome : she for her owne part being sufficiently so enuironed by the loyalty and valour of her owne people , that she feared not any man. And last of all , would she make a Peace , or trust to it made , since that he so maliciously at this very time did so molest his confederate the French King with a cruell warre ? For the Spaniard had now by this time ( vnder the conduct of Ferdinand Teglio a little Dwarfe , but of great skill and valour ) taken Amiens the greatest and strongest City in Picardy , by a warlike stratageme of ouer-turning a Cart in the Port or Gate , and had now brought the French King to such distresse , that hee was faine to intreat 4000. English to aide him from the Queene . Which indeed she denied him not , vpon this condition , that he should giue them pay , when as the Nauy sent out lately to the Islands , and the Army in Ireland , had much consumed her treasure . The King solemnly protested that he was not able to pay : and that he might obtaine them without pay , certifies the Queene , that a most commodious peace was offered him by the Popes Nuncio , with an absolute restitution of all the places taken in France besides Calis and Ardes , if so be he would seperate himselfe from the Queene , and not haue League with her : and that the French Nation beg'd for peace most earnestly . The Queene made answere , that she could not belieue that so great a Prince , conioyned to her by necessity , and much benefited by her especiall good will , and but lately bound by an oath , would admit of such faire deceitfull shewes , to draw him from the League made betweene them , and the oaths and protestations made by either parties , onely because she could not in this so great necessity helpe him , as otherwise she would . And Anthony Mildmay the Leager there , very earnestly ( and not without offence to the Kings eares ) expostulated with him these things : a man truely of an open heart , and a true Englishman , who very often would accuse to their faces the French Counsellours of tergiuersation , and too much inconstancy in their answers , and lightnesse too , as if they onely mocked England . But shortly afterwards , when some men shrewdly hallucinated , that the purpose of the Spaniard bended onely and aimed at this marke , that hauing broken the League betweene the French and the Queene , and retaining Calis still in his possession , he might the easier assault England from thence . The Queene thought good to send him ouer aide , and to pay the Souldiers her selfe , if so be he would onely warre in Picardy or Britains , to remoue the Spaniard farther ; if so be he would ioyne greater forces to them , and allot the English a place of retyring . For otherwise , by reason of her motherly loue towards her Nation , she would not send them to be butchered by the cruelty of the Spaniard , onely for the pleasure or benefit of the French. And besides , she lent him great store of monies , for the which ( and all his debts besides ) he pawned to her Calis , if so be the Queene at her owne cost and charges within a set time recouered it ; and the better to recouer it , he allotted the English Boloigne for a retyring place . But whilest these things are in action , the French reget Ami●ns from the Spaniard , after a tedious and difficult siege . For the which ( as in his Letters to the Queene dated in September appeares ) he was much beholding to Baskeruile that died at the siege , and Arth●r Sauage , two worthy Commanders , and the valour of the English Nation . But the happinesse of this was much bettered by the age and necessity of the Spaniard , which creeping on him very fast , excited him continually to a desire of peace . For when experience had well informed him , that his affaires consisted more in report , then strength , and that all his wealth was not able to represse the assaults of the English ; that the warre in the Low Countries was to be prosecuted , and that the places which he had taken in France were also to be defended , that he was now in a good old age , and that his strength failed him , that his Sonne was but of small age , and lesse experience of affaires , that the French were very famous for warlike exploits ; he thought it his best course ( by the meanes of the Bishop of Rome , who should be as an arbitratour betweene them ) to treate with the French King about peace , who indeed was as desirous as himselfe of it ; the Spaniard adiudging it better to conclude his troubles in a well-setled peace , then to leaue them all hereditary to his Son , whose yeres were too tender , to goe through them with good successe . And truely this peace was shortly made betweene them , as we shall speake of in its proper place . Assoone as the first suspition of this vnperfect peace came to the Queenes eares , she imagining that it was only the better to molest England and entrap it , strengthened her selfe before hand , both with monies , which she almost lacked , and the good will and loue of her people , which she much encreased . For she called a Parliament at Westminster , where she made many very good and gracious Lawes acceptable to the people . Vid. Act. The States presently after send ouer to congratulate the restauration of the true Religion , and the happy administration of the Common-wealth ; to congratulate also the deliuery of the Realme from the hands of bloudy enemies , the defence and protection whereby Ireland was secured , the aide and assistance which she vouchsafed both the States and the French. After this , that the Queene might the better be ready furnished with store of money , the Clergy voluntarily granted her three Subsidies : and the Lay people entreated the Queene to take of them three whole and entire Subsidies , six Fifteenes , and Tenths . Withall requesting that the necessity of these her occasions might not be patterne for future ages to measure their liberality by , towards the Prince . To this Parliament was Thomas De-la-ware , his Father William being dead , called : who gaue vp his Petition to the Queene , to intreat her to restore him again to the ancient place of the Lord De-la-ware . The occasion was this , That his Father William , hauing an Vnckle of his , whose inheritance and honour he gaped after , prouided poison for him ; and thereupon by the authority of the Parliament in Edward the sixt his time , he was depriued and shut out from any honour and inheritance that might fall to him by his Vnckle . Yet for all this ( although in the daies of Queene Mary he was besides condemned of treason ) he was by the Queene restored to his honour againe , as if so be he had neuer been condemned . But , when as this Lord by the reason of the sentence of the Parliament , could not enioy his Grandfathers honour , by the especiall fauour of the Queene , he was a new created Lord Da-la-ware , and as long as he liued he enioyed his place according to the time of his creating . The Queene referred this matter to the Parliament-house ; who hauing found that the former sentence against the former Lord , was onely personall , and not touching his progeny ; and that his banishment in the time of Queene Mary nothing hindered him from losing that honour , which he had not , and that he was restored againe shortly after ; as also , that his ancient honour is not extinguished by reason of a new creation , but onely as it were lay asleepe , as long as he liued , when it was not in him , in the time of his being created , they allotted him the place of his Ancestors , betweene the Lord Willoughby and Barcley , where he was iustly placed . Also Thomas Howard the second sonne of the Duke of Norfolke , who but lately before was made knight of the Garter , was called to this Parliament by the title of Lord Howard of Walden ; and he being at that time sicke , the Lord Scroope was brought into the vpper House betweene two Lords , bearing his Roll in his Parliament Robes , the King of Armes going before him . That , when the Lord Keeper had read publikely , he was seated below all the rest of the Lords : although that elsewhere the younger sonnes of Dukes take place of Viscounts . Since ( as appeares in an act of the Parliament Records ) in the sixt yeare of Henry the eight , when Thomas Howard Earle of Surrey being called to the Parliament , challenged to himselfe the place of going or sitting before the Earles , because he was the eldest sonne of a Duke . It was decreed by the Parliament , that he should sit in Parliament according to the order of his creation ; notwithstanding , that his prerogatiue of honor and worth , which is due to him as the eldest son of a Duke , should be reserued to him without the Parliament house . This yeare died William Brookes Lord Cobham , of the Order of St. George , Chamberlaine to the Queene , and Constable of Douer Castle , Gouernour of the Cinque Ports , and Chancellour , Henry his sonne begot of Frances Newton , succeeded him . Also there died William Powlet Marquesse of Winchester the third , more famous for his great wealth , then for any thing else , hauing left his sonne William , which hee had of Anne Howard of Effingham . In Ireland , when as the affaires there were very turbulent and dangerous , for all V●ster beyond Dundalke , besides the Garrison Castles , Newrie , Knockfergus , Carlingford , Greene-Castle , Armach , D●ndr●m , and Oldorfleet , and almost all Conaugh had reuolted from the Queene , the Lord Deputy Russell was recalled againe , and the Lord Burrough made Deputy instead of him : a man indeed of a sharpe wit and great courage , but scarce insighted into the very elements of warre ; wherefore his election was beyond all mens opinion or expectation , and more Norrises , who by his deser●s and worthy skill had assured himselfe thereof . But when as hee perceiued that his enemies at Court much preuailed , and his friends as fast failed ; when he saw one now whom in birth he thought himselfe almost equall to , and in honour and glory , by reason of his exployts , much superiour , preferred before him , and himselfe , which was worst , to be commanded vnder his authority , to continue in the Lieutenant-ship of Mounster 〈◊〉 what with griefe thereof , and discontent , that Tir-●●n by his dissembling had mock't him , out of the iudgment he was thought to haue had , he shortly after died . A man , he was certainly of great worth , and to be celebrated amongst the famous Captaines of our Nation , in his time . He was the second sonne of Henry Lord Norris , borne of the Daughter and the other heire of the Lord Williams of Tame . He first practised himselfe in warre vnder the Admirall Coline , in the French ciuill warres : afterwards , ( being but a young man ) he was a Captaine in Ireland vnder Walter Earle of Essex . He was Colonell generall of the English vnder the States of the Low Countries ; Marshall of the Army of the States vnder the Earle H●h●nl● ; He was President of Mounster twelue yeares , although absent most part thereof ; Generall of the auxiliary English in Britaine in France . And to conclude , he was a man of great worth , if himselfe had not knowne it ▪ and he was well rewarded for his worth , if his conceit had been so humble , as not to haue aspired aboue , if not his merits , yet his birth . Tir-O●n now being warie enough to prouide for the security of his owne state , sends his Letters to the new Deputy , and very humbly desires a truce , or a cessation from Armes , or any kinde of hostility : and it seemed ( indeed ) at that time somewhat to concerne the good of the Kingdome , to grant this truce , although the Deputy himselfe iudged it very hurtfull to the State. Wherefore it was graunted for a moneth . When the moneth was expired , he assembles all his forces to the credit of his new authority , and sets out in batta●le against the Rebels : and being brought , if not into danger , yet either to the conceit or feare of danger , and some streights , hee opens himselfe a safety by valour , and valiantly winnes by assault Blacke water , the onely Fort of the Rebels , besides the woods and bogs , whereby is the entrance into the County of Tir-Oen : and gaue the Rebels to vnderstand how easily they might be vanquished , if hee would but insist vnpon them a little . And now on the very same day wherein the Deputy , and all his Army were giuing thankes vnto God for their late victory , there was a sodaine alarme , and all called to their armes , by reason the enemy shewed himselfe from a Neighbour hill . Henry Earle of Kildare with a wing of horse , and some of the Nobler sort , voluntaries , issued forth against them , and put them to flight . Of the English there was wanting Francis Vaughan , brother in law to the Deputy , ● . Turner Serjeant maior , whose deaths the Earle of Kildare tooke so sorrowfully , that within few dayes after he died for griefe thereof . Tir-Oen now thought his fortune and credit quite vndone , vnlesse he recouered againe the Fort at Black-water wherefore hee strongly besieged it . The Deputy forthwith hasteneth thither as fast as he could , being resolued surely to passe further into Vlster . But in his full path way to great victories death arrested him , leauing the great desire of him to the good and to the ●ad longer security . Had ●e but liued ( in the iudgement of the wisest ) he had soone weakned the hopes of the enemy , and the matters had neuer come to that danger as they did . The Rebels , hearing of the Deputies death , assault the Fort with great clamours , and as great violence , and were droue backe with as great slaughter . They that scaled vp by Ladders , were cast downe headlong ; and at length they distrusting their owne abilities , betake themselues to a consultation , relying vpon a perswasion , that they were furnished of prouision but for few dayes . But for all that the Fort was strongly maintained by the valour of Thomas Williams the Gouernour , and the rest that lay in Garrison , who hauing suffered hunger , the sword , and all extremities , hauing eate vp their horses , ●ed vpon the hearbes that grew vpon the trenches , and endured no small misery , to enioy their liberty . And now by this time , by the Queenes authority from England , was the Army in Ireland , committed to the Earle of Ormond , with the title also of Lieutenant Generall of the Army . The disposing and gouerning of all ciuill matters was committed to Adam L●fthose Archbishop of Dublin , Chancellour , and Robert Gardiner , with the titles of Iustices of Ireland , which office Thomas Norrris had exercised a moneth before . Tir-Oen presently sends his long tedious Letters to the new Lieutenant , wherein he exaggerates and aggrauates all his grieuances , both old and new , not omitting the least , that might be strercht to the name of an iniurie . Hee poorely excuseth his couenant breaking with Norris : But especially much complaineth , that Feogh Mac-Hugh was euen hunted to death : that his Letters to the Queene were intercepted , and suppressed : that Impositions and Compositions vntolerable , were layd vpon the Nobilitie and the Commons . Hee added besides , that he foresaw well enough that the territories of all the Peeres of Ireland should bed diuided amongst the English Councellours , the Lawyers , the Scribes , and the Souldiers . And at the very same time , wherein hee assisted with helpe the Sonnes of Feogh Mac-Hugh to a new rebellion in Leinster , hee exhibited to the Lieutenant a most submissiue writing , humbly craues to be taken into fauour , not sticking to promise any thing whatsoeuer ; although it was easily perceiued , and knowne to all men , that these rebellions were for no other end ( whatsoeuer else was pretended ) then to dislodge the English out of Ireland . THE ONE AND Fortieth Yeere OF HER REIGNE . Anno Domini 1598. IN the middest of all these Irish troubles , there came as great almost out of France too . For the French King , although hee had lately recouered Ambiane , yet being wearied with warre , and the daily requests of his Subiects , and the intercession of the Bishop of Rome , the last yeare almost spent , sent ouer Masie to the Queene , signifying vnto her that hee had had some conference with the Spanish Factors concerning a peace : but yet that he had determined not to prosecute the matter further , till such time that he had both her consent , and the States of the Low Countries , since that he had made a League with them both for offence and defence . Wherefore he requested that some might be sent ouer out of England , and the Low Countries , that might consult about this matter , and heare what reasonable conditions were proposed . The Queene to satisfie the French Kings desire , sent ouer into France , Robert Cecill Secretary to the Queene , Iohn Herbert Master of Requests , and Thomas Wilkes , who died presently after his arriuall at France . The States sent out to them Iustine Nassaw , and Iohn Olden-Barneuelt ; and also to the Queene some others to dehort her from this Peace . The English were informed by instructions before hand , to know vpon what ground the mentioned peace relied : and how farre it had gone on , and whither or no it was propounded bona fide , and not deceitfully and cunningly , as in the Treaty at Borburgh : also to know what good security shall be giuen to the States , if they should condiscend to the Treaty , and also to propose the restoring of Calis to the English , for the monies due to the Queene , were of greater value by much then so smal a Town could counteruaile . Which the Queene the willinglier mentioned , because the French King had intimated that this Treaty should be for some order taking about the Treaty of Cambray Castle , in restoring euery man his owne : but with this prouiso or clause added to them also , that they should consent to nothing without the Hollanders confent also . The King of France now was in iourny towards Britain , to recouer his Prouince there , for the Duke of Merc●eur , and the Spaniards agreed not well , by reason he denied to surrender into their hands Nannetu . After long trauaile , Cecill at last ouertooke them at Andes ; to whom the King hauing with a thankefull minde acknowledged the Queenes loue and good-will , spake to him to this effect . THat although the Queene had vndertaken and waged warre against the Spaniard , and had had fortunate successe in the same ; yet for his owne part , although he was borne a Souldier , yet being a King , and hauing people vnder him , hee held it no point of Religion , to expose his faithfull Subiects to the rage of warre , but rather a great sinne and offence , out of an irreligious ambition , to refuss Peace , &c. Cecill made answer , that the Queene was not so much against peace , as he might imagine , who now hauing sufficiently reuenged her selfe vpon her enemy , desires nothing but quietly to maintaine the safety of her people , and her own honour . And then ( after that ) he required to be informed , what condition of peace the Spaniard had proposed , and what order should be taken with the state of the Low Countries , if they should not accept of it . The King in answering , acknowledged , that indeed the Queene had endammaged the Spaniard much , but the Spaniard had as much him ; that yet now the Spaniard earnestly desired a peace , and that thereupon he would also restore all places in France that he had taken , euen Call is againe . Also assuring him , that shortly he would bring the Spaniard to agreement both with the Queene , and the States , solemnly and publikely protesting , that it could not be if he should refuse this peace , but France should wrap it self againe in the fire of ciuill warre , by reason that he found the hearts of his people so prone to a rebellion . Whilest these things are in hand , he being carefull of the maine chance , secretly agreed vpon some things concerning the peace with the Spaniard , dealing with Albert the Arch-Duke , till such time that some authority were delegated from Spaine , to the finishing and perfecting of the peace . This when the Queene certainly vnderstood , she began somewhat to expostulate with the French King about it : but he excused himselfe by reason of the delay the Queene vsed in sending ouer , and by reason of the vrgency of his necessity , and the offered opportunity , which he could not neglect : and so as it were hauing somewhat else to doe , hee referred the matter wholly to his Counsell . And first of all Barneuelt layes open before them in an Oration the affaires and estates of the Low Country , which by the helpe of God , the fauour of the Queene , were now growne to such a perfection , that they were not onely able to defend themselues , but euen to aide France , if their necessity should require their assistance . Then he shewes how earnestly the French King desired a league with them , both of Offence and Defence , which they agreed vnto , onely for to pleasure the Queene , and for her sake , being certainly perswaded that a generall peace would make all sure thence , not so much as imagining that so great a King would once so much as thinke of breaking it . After this , he largely dilated vpon this , to shew how farre the Spaniards power to the danger both of France and her Neighbours would extend , if so be those confederate Prouinces that were rich both in Armes and wealth , were subiect vnto him . Then hee appeales to the Kings conscience ( before God ) whither or no it were fit for a King to seperate himselfe from those , with whom he had so firmely conioyned himselfe , they offering him not the least occasion that was thereunto , and after many reasons , whereby they could not haue peace with the Spaniard , he concluded . THat some Kings haue neglected their Couenants and Leagues , onely to encrease their power , but commonly with sad successe . For the affaires of Kings , vnlesse they originally ground vpon truth and faith , cannot well consist by power . And yet for all this , in the name of the States hee propounded , that if so be the King would not hearken to the peace , and would besiege Callis , that the States at their own cost and charges would besiege another place , to distract and seuer the enemies forces , and to giue pay to seuen thousand Souldiers at the ●iege at Callis , and to furnish fiue and twenty men of warre with all manner of prouision , vpon condition that the king would allow to the siege three thousand Horse , six thousand foot , and six peeces of Ordnance . The Chancellour of France indeed acknowledged these things to be worthy of consideration , and to be signified to the King , and he promised all his endeauours to hinder the proceedings of the peace ; and yet presently after hee made answer againe , that this commodious peace , France being in such a fain●ing estate , was not onely to be embraced , but euen by great necessity to be snatcht by all meanes . The States thus altogether refusing the peace , Cecill , that had onely to deale for a generall peace by his Commission , could not goe on forward in the matter : but yet shewed ●o the said Counsellours of France that the Queene delayd not time in sending them ouer vnto thē , neither that she denied their King her assistance , if so be he would haue employed it against the common enemy to the commoditie of all the Confederates . Hee shewed also that their necessity , which they so much aggrauated beyond all beliefe , was not so great , being that all France ( excepct one or two Prouinces ) was reduced to the Kings obedience . And concerning the embracing of opportunity they so often spake of , he said he would not speake , especially to those that lesse esteeme of their ●oyall ingagement in Couenants , then of opportunities aduantage ; and measure their loyall Honour by their profit ; or thinke that the general good consists in the thri●ing of their particular occasions . After his long discourse conc●●ning these and the like matters , he des●red a respite the better to consider of this busines . But they not granting him so small a courtesie ▪ hee required then to returne to the Kings memory , how deeply by vowes & oaths he had ingaged himselfe before the Earle of Shrewsbury , after the confirmation of the League , and before it , by his ●etters , signed and subscribed by his own hand ; withall , he stuck not to say , that indeed the Queen neuer miscaried in the performance of any of her Couenants , but that the King had scarce kept any , producing thereupon the contents of the Couenants . And then gently he put them in mind , that they would take some order how the monies due to the Queene might be repaied her , that had now bin taught by their King hereafter better to looke to her own estate , & not bestow her benefits and good turnes so euilly , and on vngratefull men . Yet , at length , with faire speeches they dismissed him , and the King acknowledging the infinit courte●ies receiuted from the hands of the Queene , promised that he would doe any thing for her sake which lay in his power . These things the Queene tooke very scuruily at his hands , and forthwith she sent Letters ouer to him , and Sir Thomas Edmonds her French Secretary , whereby she gently and yet freely admonishes him to remember his word and promise ; to consider a little his conscience towards God , and his good report among the people ; wishing him to take heed , that by these faire promises , and glozing consultations , he ens●are not himselfe in worse difficulties . Amongst these her graue admonitions , would she now and then weaue in such ●linging sentences , as , THat if there were any sinne against the Holy Ghost , it was ingratitude . If that you get any good reasonable conditions of peace from the Spaniard , you are beholding to the English for it . Forsake not your true old friend , for your new one is not like to him , the religion of a League , and the ●aith of Couenants , are no where snares to entrap me● by , but amongst wicked men . A bundle tied fast together is not so easily broken asunder . There is no easier way of ouercomming both , then by seuering one from another . These things , although they were too true , yet the French King heard with great indignation ; in that he said he brake not his promise , but vpon vrgent necessity ; wherefore hee still prosecuted the pursuit of the peace , which he shortly after finished to the great good of France , but not without reproofe of the English Commonalty , that scourged him daily with biting sentences , and by-words against all vngratefull Princes . But for all that , the French , to make good his promise , and secure his honour , omitted not any thing for the perfecting a peace also betweene England and Spaine . To which purpose , he dealt with the Arch Duke about a Truce for some moneths , endeauouring in the meane time for to perswade the Queene thereto , as also , that thereby , as before hee had beene a trouble vnto her , now hee would bee a sure Fortresse vnto her ; and that he would neuer forsake her , his well deseruing Sister . And certainly he stood much for the Queene at the Treaty at Veruins , about the peace : for the French made reckoning of her before all , after that once there arose a contention about the more honourable place a-among the Delegates on both sides . And concerning this controuersie , I will vse a small digression , from the owne hand-writing of the Delegates to the Arch Duke , which I haue seene , to speake of some things , which hereafter may by chance benefit posterity . The French men according to the sentence giuen by Pius the fourth , challenged stifly the vpper place to themselues . The Spanish side would not admit thereof , as being reiected by the King of Spaine ; thinking it also now a great preiudice to their honour , if that ▪ if onely but by reason they were but guests among them , the chiefe place were not granted to them ; by reason that they came to a towne of the French Kingdome ; which they would neuer haue done , had it not beene to shew their obseruancy and respect to the Bishop of Rome and the Legate that represents him . At length the Popes Legates much striuing in the matter , it was agreed vpon , that he should sit at the vpper end of the board , and the Popes Nuncio should sit by him on the right hand : then this choyce was giuen to the French whither or no they would sit nearest the Nuncio on the right hand , or the Legate on the left . The French they chose the left , as nearest to the Legate . The Spanish side willingly tooke the right hand , because they thought it the best , and because the Nuncio was none of the number of the Delegates : and thereby they thought they sufficiently maintained the honour of their King. For if so be , that Caligarton , the Generall of the Franciscan Friers ( who had chosen the lowest part of the boord out of his humility , the badge of his profession ) who tooke great paines in this businesse , had beene preferred before them , and set on the left-hand neerest to the Legate , they had determined to protest publikely and aloud , that they knew well enough the place fitting for a Catholique King ; also , that they would def●nd the same , if they had beene delegated from the Catholique King : but since they were onely Delegates for the Arch-Duke , who would not equall himselfe with the most Christian King of France , and that since in their Letters of Protection , which they haue receiued from the most Christian King , they were onely stiled the Delegates for the Arch-Duke , they said , they would willingly giue place to the French. For the Spaniard prouidently carefull to maintaine his owne honour , had resigned authority ouer to the Arch-Duke , whereby he might delegate others for the matter ; that so the Spaniard himselfe might not immediately come to contend with the French for superiority , which was worse for him to maintaine then a warre . Assoone as the businesse was composed , and the Charters of the Delegation on both sides exhibited , the French tooke it very ●einously , that in that of the Arch-dukes there was no mention of the Queene of England , b●ing that there was of the Duke of Sauoy . And the answer was , that she was comprehended vnder the number of confederates : but , when this little contented the French , they were faine to pretend this reason , that she was alwaies an enemy to the King of Spaine , and that euen at this present time she did molest him with a Nauy . And yet all their pretences could not quiet the French , till such times as they passed their faith that the Spaniard should try to make peace with her , if she gaue but any hopes thereof vnto him . The French King , hauing how concluded this Peace , although he was most famous for warlike glory , yet now setled all his desires vpon quietnesse , whereby he so rowzed vp the affaires of France , which had beene for many yeares ouerwhelmed in ciuill warres , both by assisting the Romane Religion , and the Reformed ; by restoring ancient rightes , by fostering of good learning , by recalling Traffiques , and by adorning the Kingdome with stately edifices , that he far surpassed all the Kings of France before him , as in misery lately , so now in glory : insomuch that he bare the name of Henry the great . The Queene now more inwardly hauing a care of her own estate , sent Sir Francis Vere ouer to the States , to know of them whither or no they would cond●scend to a Treaty with Spaine ; if not , what they would bestow on the warre ; also , earnestly to deale with them to repay those monies , and charges , which she had beene at for their sakes . And in the meane time there was great disceptation in England , whither or no , to conclude a peace with the Spaniard were commodious either to the Queene , or the Realme . They that were desirous of peace vsed these and the like perswasions thereto . First , That a peace ( besides that , that it is both pleasant and holesome ) would now take away that aspersion that is cast vpon the English , as disturbers of the whole world , as if so be that they thought themselues happy in other mens calamities , and secure by others dangers . Secondly , That the Queene would be thereby more secure from forreigne practises . Thirdly , That an end of the cost and charges of warre against the Spaniard and Arch●Duke would be thereby made . Fourthly , That the rebellion in Ireland , would soone be lull'd asleepe , when they should once perceiue no helpe would come to them out of Spaine . Fiftly , That Traffiques would be better and oftner vsed to the profit of Prince and people . Sixtly , That Spaine , that lately was so fruitfull to the English Merchants , would be open againe to them , where they might exchange away Corne for Gold and Siluer . Seuenthly , That thereby the Emperours Proclamation against English Merchants would be reuoked . Eightly , That the danger of tumults at home , and often taxes , tributes , and pressing of Souldiers , would be thereby taken away . Ninthly , That the League of Burgundy would be renewed . Tenthly , That they need feare nothing then from the French. Eleauenthly , That England might take breath thereby , and heape wealth together against future fortunes . Twelfthly , That thereby the credit and estimation of the Queene would be well prouided for , in that she in An. 1585. when the States offered her the dominion of the Low Countries , publikely ( and in print ) protested , that by ayding the Low Country-men , she meant nothing but their liberty , and the peace and security of England . For , if so be that then it seemed great wisedome ( as the times then were ) to a●●ist them : and great equity to refuse the dominion and gouernment of so many Prouinces for the bearing of her charges in the warre ; certainly , now would it seeme great indiscretion to pursue warre when that peace is offered on the one side by the Spaniard , and nothing by them that so greatly desire the warre . Besides , that these things ought to be considered , whither or no England were of sufficiency enough to wage warre in Ireland , the Low Countries , and elsewhere against Spaine . Then , whither or no , by this nourishing of a warre , there would be hope of bringing the Spaniard to better and more reasonable articles and conditions then now were proposed ; and that then it was most exactly to be considered , since without doubt it was most conuenient for the English to haue an offensiue warre ( for woe to them that defend at home ) in what place they should haue it ; whither or no , in the Sea coasts of Spaine , or Portugall ; and then , that indeed the Townes therein might be taken and ransacked with easie paines , but not be retained , but with great charges , and no profit ; or , then whither or no , in the Azores ; and , that then they truely might be brought vnder the Queenes power , to the Spaniards great losse for the time , but not continued therein without greater cost and charges ; or , then whither or no , in America ; then , that there were ships euery where ready furnished , and disposed about the Sea ; that the Sea coasts were better fortified with Garrisons then they we●e wont to be , and that not a ●ot of Gold , Siluer , Pearles , or precious Stones , could be expected there , without great danger ; that those Regions are stuft with well fortified Cities , euery one whereof would hold out a long siege ; and then , that the States were so weake for assistance , that with the aide of England too they could onely wage a defensive warre , till such time as the Spaniard turned from them to France ; lastly , that the old axiome of policy was not to be neglected , Who are equally able to wage warre , let them make peace ; who are not , let them neuer . Then were produced the sad examples of the Athenians , and others , that refused peace when it was offered . Some added , but out of an ill will and hate to the men , that the States , what colour soeuer and maske of defending liberty and Religion they put on , yet had they taken away the piety of true Religion , by suffering any but the Romish . That they did nothing but what they could to further and encrease their own commodity , by imposing heauy tributes and toles for prouision , by counterfeiting monies , by encreasing the value of them at their pleasure , and many the like trickes , whereby also , in this warre , they would cunningly nourish it , and grow rich by it , when other Nations impouerish themselues thereby . Besides , that by their Monopolies granted , almost euery where , they haue spoiled the good vse of Trading , that being Democraticall gouernours , they extreamely hated Monarchies . That they had droue away all of the Nobility from amongst them , besides one or two , that stood them in steed in the warres ; and , that most certainly they intended nothing else , but ( to an ill example against all Princes ) as the Switsers against the Habspurge Family , so they against the Family of Austria , that is the same . They who were against the peace perswaded themselues with these and the like arguments . First , That out of a peace the Spaniard would heape vp to himselfe such infinite store of wealth , that if perchance he should afterwards breake out into a warre , he would be too strong for all his neighbours . Secondly , That a true and solid peace cannot be had , but by the dispensation of the Bishop of Rome , since the Spaniard heretofore in 78. onely mocked them at Bourburgh , and thought that no faith was to be kept with Hereticks and excommunicated men . Thirdly , That the Spaniard is of such a nature that he neuer can digest an offered iniury , but boyles continually for a reuenge . Fourthly , That thereby the Queene must forsake both the States of Holland and Zeland , and also lose all her monies laid out for their warres , except she would offer to deliuer those Townes that were pawned to her , into the hands of the enemy , that the one would be a disgrace to her , the other a dammage . Fiftly , That the States being forsaken of the Queene , must needs be reduced to the Spaniards gouernment , and that thereby hee will be more apt and readie to inuade England ; also , that those Regions are the most fit places of warre against his Neighbour Kingdomes , for to constitute his Spanish vniuersall Monarchy , that can be . Sixtly , Grant that it is very hard to wage an offensiue war in Holland , that it is dangerous and doubtfull at the Islands Azores , that it is fruitlesse in the coasts fo Spaine and Portugall , and that it is very chargeable in all , yet would warre very compendiously and profitably be made in America , which being a vast Country is peopled by the Spaniard so scarcely , and one place so farre off from another , that they cannot possibly helpe one another . So that if so be a perfect entire Armie of ten thousand English were sent out thither , hauing all determination to inhabite there , vnder any expert Commander , it could not be doubted , but that Carthagenian Castilla Aurea , Ciagre the Riuer , that is portable of little Vessels as farre as Panama , and Panama it selfe , and Puert● Bella , would be all taken by assault , and consequently the wealth which by these places is sent to Spaine from Peru , and Castilla Aurea , would be surprized , or else detained there still . That hereby the Spaniards traffique would be stop● and bard vp , and the Custome much diminished to the great losse and dammage of the King , and that there is no feare of the Americans , that are by nature ●lothfull , and effeminate , by reason of the pleasant aire , much lesse of the Spaniards that shall be sent thither , who being wearied with the long voyage , and a diseased stomacke , will finde it a hard matter to dislodge the old weather-beaten English out of their well fortified Forts . That they need not also feare supply of Victuals , or warlike Munition , which would be as easily conu●ied out of England as Spaine . For assoone as once it shall be blazed about that they haue come to inhabite there , all kinde of people will flocke thither with necessaries , to trade with them , especially since those of Europe haue nothing more greatly desired , then to haue their Traffique free in America . And then , concerning the religion of the States , and the Monopolies , they say , that they were bare cal●mnies of those that hated the reformed Religion ; affirming , that the States did liue very religiously in that Christian liberty , as their Grandfathers haue done , and that they beleeued all fundamentall points alike with the Reformed Churches of all the Christian world ; that for other indifferent matters there ought to be respect had to the time , which might very well tolerate them , seeing that in the Primitiue Church , the Tares were euen suffered to grow vp with the Corne. Concerning other particular obiections against the States , they answered , that a particular offence ought not to be made Epidemicall , and ascribed to the whole Nation ; and that there was wickednesse euen in the Angels of God , and chiefest Apostles . Lastly , that we ought not to enuy or speake ill of a Common-wealth , that is industrious and sparing , if she haue that great happinesse , as to grow rich by warre . They that were for the peace , endeuoured to refell these arguments by these reasons , that the Queene also and States might aswell heape riches by this peace , and as valiantly prouide themselues for Defence , as the Spaniard can for Offence . That now they might looke for a true and solide peace from him , who hauing sustained greater dammages , may now at length learne how much hee is mistaken by pursuing his warres in the administration of the Low Countrie Common-wealth . That peace with the Dukes of Burgundy , and the Kings of Castile , the Spaniards Ancestors , was alwaies very sound and solide , and if euer any was , healthfull to England . Grant it , that the Spaniard treatied not for a peace at Bourburgh , which would not seeme honourable for his affaires ; yet would it not hurt vs , although we are ready to fight , to treate now about it . That peace was alwaies kept with Heretiques by Popish Princes , excepting onely the Pope , ancient examples sufficiently testifie ; as of Charles the fifth , and his successour in the Empire , who alwaies kept their words with the excommunicated Protestants of Germany , although they esteemed them as Heretiques . Of Francis the first King of France , who performed Fu●erall rites for Henry the eight of England , at Paris , although before he had beene excommunicated by the Pope . Also of Henry the fourth now King of France , who hauing beene reconciled to the Pope , and surnamed the eldest sonne of the Church , and his dearest Sonne ; yet he entred into both an Offensiue and Defensiue League with the Queene of England . That the Spaniards heat of reuenge will be quickly cooled , when his strength and forces shall faile him . That the Queene might iustly forsake the States , being she onely bound her self to aide them till such times as the Spaniard would propose equall conditions , and a reasonable peace for their liberty ; which conditons if they refuse , she is not bound to aide them . That it is not fit for to giue to them againe those Townes which are pawned to her , which they in reason cannot require . And that once if there were a peace concluded , there would be a speedy course taken for recouery of her monies . That the States could not be so easily reduced vnder the Spaniard againe , being that in tract of time many things fall out vnexpectedly ; and if so be they were peaceably reduced , they could take no better care for themselues , then that , except they would resist their best commodity and profit . But howsoeuer , whatsoeuer became of them , England and France conioyned in a solide and firme league , would easily poise Spaine between them . Lastly , they deriued their reasons for peace from the very Law of Nature , which chiefly intends the conseruation of it selfe ; and from the Law of Nations , which commandeth the highest Law to be the safety of the people ; and lastly , from the piety of true Christianity , that they might spare bloud , and confirme the Christian affaires against the Infidels . The reasons for the warre against this peace , were deduced onely from humane policy , to driue away dangers farther off ; which indeed were better to be left to Gods disposing , who would direct their counsels and consultations alwaies to the publike good , by meanes which might be vsed with a good conscience , and not by warres , which are neuer commendable , but when they are necessary . And thus haue wee heard the matter on both sides largely enough discussed . Burghley Lord Treasurer , weighing well what wee haue said , enclined to the peace , by reason he knew the hazard of warre to be doubtfull , and yet of infinite charges , he knew the Treasure of the Exchequer was much impaired ; also , that the disposition of the English were very prone to sedition , if so be they were once taxed a little more then ordinarily ; he knew also , the in-bred malic of the Commonalty against some of the Nobility , and the poore hopes that were from Holland ; that our Neighbours were suspitious to trust to on euery side ; and that our owne people were hardly loyall enough at home ; also , that the wealth of the Spaniard was inexhaustible ; wherefore he concluded , that by this warre there could redound nothing to England , but the turning away of euill , which was but the smallest good that could be . Essex on the other side , being bred vp in Military affaires , not allowing talke of this peace , argues for the warre , resolutely vrging it , out of the cunning sleights of the Spaniard , his desire of the vniuersall Monarchy , and his in●eterate hate against the Queene , and all England , the diuersitie of his religion , and the Axiome , that Faith is not to be kept with Heretiques , the power of the Pope to dispence with him , if he breake the peace , with many the like reasons ; insomuch that Burghley said , he nothing but breathed warre , and out of a strange presaging minde , giuing him the Psalme booke , secretly light vpon this verse : Bloud-thirsty men shall not liue out halfe their daies . Yet were there many that honoured much the spirit of Essex , as one that greatly aimed at the honour and securitie of his Country . But on the other side , many also that whispered it to be for nothing but to fulfill his ambition , and serue his owne turne . But Essex hauing vnderstood of these calumnies , writes his Apologie , wherein he amplifies himself in this matter ; and besides shewes , that Anthony Rolsto●●n English run-away , had bin lately sent ouer by the Spanish ●●ction , and Creswell a Iesuite , vnder the colour of reconciliation and peace ; but in truth and deed ( as hee did confesse himselfe ) to espie what prouision there was for war , to confirme the Papists , and both by monies and promises to seduce from their loyalty any of the Nobility , and the Earle of Essex by name . Concerning this businesse of peace , and the choosing of one fit to looke into the affaires of Ireland , there was a great contention betweene Essex and the Queene , no man being present but the Admirall , Cecill the Secretary , and Wi●deba●cke Keeper of the Seale . The Queene she adiudged William Knolles Vncle to the Earle of Essex most fit to be ●ent into Ireland : Essex , to remoue him from the Court , very stoutly affirmed that George Carew was farre fitter . Which when he could not effect , or perswade the Queene to , being too much vnmindfull of his duety , very vnciuilly , as out of contempt , he turnes his backe to the Queene , in a manner scoffing at her . The Queene growne very impatient thereupon , gaue him a box on the eare , and bid him be gone with a vengeance . He forthwith layes his hand vpon his pummell : the Admirall stepping into him , he vowed and swore that he would not put vp so great an indignity , nay that he could not , euen at Henry the 8 ths hand , & forthwith in a chafe flew from the Court. And afterwards being admonished by the Lord Keeper of the great Seale , in very graue Letters , that he would supplicate to the Queenes mercie , and giue place to time : that he would remember that of Seneca , That if the Law punish a man iustly , he must giue way to Iustice ; if vniustly , he must giue way to his Fortune . That if hee had iustly done wrong to his Prince , he could not giue her any satisfaction ; and if the Prince had done him any wrong , that both his discretion , duety , and religion would command him to submit himself to so good a Queene , seeing that betweene a Prince and a Subiect there is no proportion . Essex answered all this at length , very stomackfully , ( his answer being afterwards aduisedly diuulged about by his followers ) appealing from the Queene to God Almighty , riuetting into his discourse these , and the like sentences : THat no tempest rageth more then the indignation of a weake Prince . That the heart of the Queene is hardened . I know what I haue to doe , as I am a Subiect ; and what as I am an Earle , and Marshall of England ▪ I cannot liue like a seruant , and a bond-slaue . If I should confesse my selfe guilty , I should both iniure truth , and God the authour of truth . I haue receiued a dart in my whole body . It is absolutely a sinne to serue after the receipt of so great a disgrace . Cannot Princes erre ? cannot they iniure their Subiects ? Is their earthly power infinite ? T is the foole in Solomon , that being strucke , laughes . They that receiue benefit by the errors of Princes , let them beare the iniuries of Princes . Let them thinke the Queenes power infinite , who beleeued that God is not omnipotent . As for my part , I being rent in peeces with iniuries , haue long e●ough within my brest endured the bitternesse thereof . But yet for all this , a little while after , being more submisse , hee was pardoned , and receiued into fauour by the Queene , whose greatest anger at any offence could neuer be stretched to a iust hatred , except onely of the offence . Bu● here his Friends and Fauourers greatly began to feare a r●ine , who haue obserued , that Fortune very seldome in reconciled with one whom she hath cast out of her care ; and that Princes are a great deale seldomer , especially to those , whom they themselues haue beene thought to haue offended and iniured . About this time died William Cecill Lord Burghley , Treasurer of England ; who being sorely troubled with griefe of minde , and the Gout too , sent his Letters to the Queene , earnestly beseeching her , that he might lay aside the burthen of his Offices . The Queene presently vpon it came and visited him , and comforted him very much : but within few daies after , hauing liued long enough to Nature , and famous enough to Glory , but onely not long enough to his Country , he so quietly gaue vp the ghost , that his greatest enemy could confesse , that he hated nothing more , or enuied any thing like to such a death in so great honour , seeing that ordinarily the ends and Catastrophes of the Administratours of such great affaires as he did , are both sad , and sometimes sodaine . Certainly he was an excellent man , whom ( besides his venerable countenance , and comely visage ) nature made , and learning perfected to a great fame of honesty , grauity , temperance , industry , and iustice . Besides these , he was a wondrous well-spoken man in his curious language ; which neither was any way affected , but plaine and easie . His wisedome was strengthened by long experience , and seasoned with great moderation . His faith and loyalty well approued , and his religious piety aboue all , most to be commended . To speake all in a word , the Queene was most happy in such a Counsellour ; and England will be beholding to his counsell for euer . If at any time it shall concerne posterity to know his birth , he was borne at Burne in Lincolne shire in 1521. His Father was Richard Cecill Master of the Wardrope to Henry the eight ; his Mother Iane , the Heire to the Family of Ekinton , and the Walcots . He , when he was a young man was student in St. Iohns College at Cambridge , where at the age of twenty yeares he tooke to wife Marie the Sister of Iohn Cheeke , a very learned man , who within one or two yeares after died . Afterwards hauing beene a Student at Law in Graies Inne at London , hee married Mildred a good Graecian and Latinist , the Daughter of Anthony Coke Informer to Edward the sixth . Hauing got into the house of the Duke of Somerset , Protector of the Realme , he was vnder him made Master of Requests , ( being the first in England , as I haue heard of himselfe ) that euer vsed that Title . Afterwards , he became Secretary to Edward the sixt , and by him knighted . He found some fauour with Queene Mary , but greater with Cardinall Poole , Tunstall , and William Petra , for his wisedome : the resson of his fauour with Mary , was in that , ( although he with the rest subscribed ) hee most opposed that counterfeited pretence to Edwards kingdome , whereby both Mary and Elizabeth were excluded from any right thereto ; But yet afterwards , being a very religious Protestant , ( although hee serued the times a little ) when he perceiued that his religion lay as a blocke in his way to all promotion , he betooke himselfe to the seruice of Elizabeth ; she vsed his paines much in her affaires whatsoeuer . Afterwards she made him one of her Priuy Councell , and in the third yeare of her Rai●ne , after the death of Sir Thomas Parry , made him Master of the Wards : which Office he so well performed , prouidently to the good of the Orphans , moderately to his owne good , and liberally to the good of his Friends , Kindred , and followers , without any iniuries , that the Queene admiring his discretion , committed the gouernment of all vnto him in a manner . But , as his power and fauour with the Queene encreased with him , so did hatred and enuy in many of the Nobility against him ; but yet so , that ( as he was wont to say ) he ouer came it with patience more then frowardnesse . Afterwards , the Queene hauing well approued his wisdome and loialty this thirteen yeares , bestowed on him the title of Lord Burghley , and Lord high Treasurer of England . In which Office , alwaies hating those base trickes of heaping money together , as hee encreased the publike good , so also his own priuate estate by his paines and parsimonie . He was very vnwilling to haue any thing spent , vnlesse for the honour of the Queene , the defence of the Kingdome , or the aide of our Neighbours . He narrowly looked into , although not with the eies of security , yet of equity , the affaires of the Custome-house ▪ and the Tole takers that belong thereto . He would professe that hee neuer liked that the Exchequer should like the Spleene encrease continually , and the rest of the members wither and fade away : and truely , hee strongly endeuoured that the Prince might not grow rich by the peoples misery of taxation , but that both the one and the other might want nothing . Hee would often say , that nothing was profitable to the Prince , that was not honourable for her also to doe : and hereupon he would not suffer the Reuenews of her Lands to be encreased , or the old Tenants remoued , or Farmers put out . As for his priuate estate , he so well managed it , that neither he euer went to Law with any man , or any man with him . Of his former wife Mary Cheeke begot hee Thomas now Earle of Exeter , very fruitfull in his issue . Of his second wife Mildred Coke he begat Robert Earle of Salisbury , his successour in the greatest Offices of the Kingdome , with the like happinesse : besides two Daughters that died before himself , Anne Countesse of Oxford ( who had three Daughters , Elizabeth married to William Earle of Darby , Bridget married to the Lord Norris , and Susan to the Earle of Mountgomery , ) and Elizabeth the wife of William Wentworth , that died without issue . The Ouerseers of his Will , were Gabriel Goodman , Deane of Westminster , an vpright man , and Thomas Bellot Steward of his Houshold , to whom he left great summes of money to be bestowed vpon pious vses , which was done accordingly . Although the earnest desire which Burghely had of peace , effected not the same , yet it greatly eased the costs & charges of the warre ; for in the time of sicknesse the States sent ouer I. Duuenword Admirall of Holland , I. Oldenbarneuelt Keeper of the Seale , to whom they ioyned Natales Carrone their Agent here in England ; and all they preferring warre before peace , agreed vpon these conditions in August , which Sir Thomas Egerton Lord Keeper , Essex the Admirall , George Lord Hunsdon , Buckhurst , Knolles , Cecill and Fortesc●e Delegated by the Queene . First , That the League made in 1585. except onely some Articles concerning the administration of their Kingdome , should be still in force and vertue . Secondly , That the States of the vnited Prouinces should pay the Queene 800000. pounds of good money of England , viz. as long as the warre lasted against the common enemy 30. thousand pounds yearely , till such time as they had payd 400. thousand pounds . But if so be the peace were concluded by the Queene and Spaniard , of that which remained they should pay twenty thousand pounds a yeare , till they had payd eight hundred thousand pounds . Thirdly , That the States should pay one thousand , one hundred and fifty English men at Garison in Flushing , Brill , and the adioyning Forts thereto . Fourthly , That they should presse English Souldiers vnder English Leaders , which they should giue pay to . Fiftly , If it should chance that the Spaniard should inuade England , the Isle of Wight , Garnsey , Iarsey , or the Sillin Ilands , that the States should aide England with fiue thousand foot , and fiue hundred horse . Sixtly , That if so be England furnished a Nauie out against Spaine , that the States should ioyne ship for ship therto . As also , if that any forces of the English were sent ouer into Flanders , or Br●bant , that they should ioyne iust as many , and as much prouision . Lastly , That for the monies that are due to Pallauicine , from the Queene , which she borrowed for them , the Queene should write to the Prouinces of Brabant , and Flanders , and the rest that are out of the Leagues . By these Couenants was the Queene eased of infinite charges , who euery yeare was at more or lesse then twenty thousand pounds charges with them , which now she was eased of by the discretion of Burghley , and the care of Sir Thomas Bodley , and George Gilpine , who succeeded him in the Councell for the States : For Bodley being now eased of these troublesome affaires , wholly commended himselfe to the care & prouision for good learning , worthy indeed the care of the greatest King ; for he began to restore the publike Library at Oxford , first instituted by Humphrey Duke of Glocester ; but afterwards , in the daies of Edward the sixt , rob'd of all the Bookes almost . This Library hee hauing bought with his money , and other mens beneuolence , the choicest Bookes that were , so furnished it with them ; and dying , left such reuenewes to it , that he is worthy to be celebrated eternally , and liue as long as Learning . Whilest these businesses are in hand betweene England and the States , the Queene sends into Denmarke , the Lord Zouch , and Christopher Perkins , to congratulate with him , his marriage with the Daughter of the Prince Elector of Brandenburgh . Where with much difficul●y they regained the paiment backe of thirty thousand Dollers for Merchandizes , which the Danish had laid hands vpon , that were worth an hundred thousand Dollers . And about this time also Philip the King of Spaine made sure his Daughter Isabell to Albert Cardinall of Austria , and with her as a Dowry , he bequeathed to him the Prouinces of the Low Countries , and the County of Burgundy . Whereupon the Cardinall , hauing duely sent backe to Rome his Cardinals Cap , and his consecrated Sword being receiued of the Pope , he makes haste into Spaine . But in the meane time the King of Spaine aboue seuenty yeares of age , in September departed this troublesome life , with great patience . A Prince he was certainly , whose Dominion extended so farre and neere , beyond all the Emperours , that he might truely say in his Motto , Sol mihi semper lucet , the Sunne , &c. he atchieued great wisedome from his fathers counsell , which he improued with long experience in the affaires of this world : but commonly , as hee mannaged many warres , so was he vnfortunate in most of them , for the most part , by reason that he himselfe being of a milde weake nature , was gouerned by others wary counsels , and his warres followed by them , and not by himselfe . Whereupon it came to passe that the three keyes of the Spanish Empire ( which his Father so called , and willed him before all things to keepe diligently ) to wit , first Gulet in Africa , Flushing in Holland , and Gadez in Spaine , were neglected . The first taken in by the Turkes , the second by the Low Country confederates of the vnited Prouinces , and the third much impaired , and its strength much impouerished by the courage of the English ; not so much to the losse , as disgrace of so great a King : which it is likely his Father foreseeing in his life time , is reported to haue admonished him to make peace with the English , and the States of the Low Countries . And euen much about this time George Clifford Ear●e of Cumberland returned home into England , who had at his proper cost and charges furnished a Nauy of eleuen ships , to surprize some Portugall Caracks , that set forth from the Riuer Tagus , to the East Indies . But it being heard that he houered about the costs of Portugall , the Caracks tarried so long vnder Saint I●lians Fort , furnished with a hundred great Peeces of Ordnance , that they lost the opportunity of that yeares voyage . Wherefore the Earle , hee bends his course towards the Canary Island ; and hauing taken and ransackt Lancerata and the towne , after that , he landed at Boriquene ; and setting his troopes in order , hee assaulted Porto Ric● , and hauing taken by force one or two Forts ; he at last got the towne , not losing hardly thirty of his men in the skirmish : although there were three or foure hundred souldiers at Garison , besides the Townesmen . And here the Earle determined to seat all his warre , by reason that it was such a fit place , that it was called by the Spaniard the Key of America : wherefore he remooued all the Inhabitants , although for ransome of that place , they offered great store of Merchandise , and Gold , and Siluer . But the bloudy 〈◊〉 , and the griping in the belly did so rage amongst the English , that in forty dayes ( for so long he continued there ) it consumed away seuen hundred , which compelled him necessarily to returne home againe , with great spoiles , but greater victory : yet in his spoiles hauing some threescore peeces of Ordnance of Brasse . Certainly , this voyage was occasion of great dammage done to the Spaniard , by reason that this yeare neither the Carackes set forth for the East Indie , nor the American Nauy returned home to Spaine . About this time also Edward Squire was called into question , a base fellow , and one that had beene a common base Scriuener : afterwards hauing gotten some office in the Queenes Stables ; and after that serued vnder Drake in his last voyage , taken in the little ship that was then surprised by the Spaniard , hee was carried into Spaine , and there at last came vnto the knowledge of Walpole an English Iesuite ; he quickly caused him to be brought into the Inquisition , as one that was an Hereticke : and at length , by continuance of punishments , drew the fellow to the faith of the Romish religion . Afterwards he dealt with him to try if that hee would dare to doe any thing for his Religions sake , that he might be sure hee truely professed it : and afterwards , after many courses of words , ( as Squire himselfe confessed ) hee taught him indeed , that to take the Earle of Essex away , was a meritorious act , but that it was farre more necessary to take away the Queenes life . Then he shewed what an easie matter it was , and as well done as conceiued , & as free from sin in doing , so from danger after it is done , if it were , but by besmearing the pummell of the Queenes Saddle with poyson , where she should lay her hand when she takes horse . At length Squire hauing condiscended to this villany , the Iesuite bound him by diuers solemne vowes , vnder paine of damnation to keepe it secretly , and to doe it . So that Squire being now instructed to this villany , and laden with the promises of euerlasting life , tooke his blessing from him , and the poyson ; and withall tooke order , that he and another should be sent ouer into Engla●d , concerning the ransoming of the Spanish Captiues in England , that thereby no suspition might be had of him , by reason of his returne from Spaine . This Squire , after his returne a little into England , bedawb'd the Queenes pummell of her Saddle with poyson , seeming to do somewhat else , and praying with a lowd voice for good successe : but by Gods mercy the poyson lost his nature , as well as Squire his loyalty , and had no power to hurt the Queene . After all this he went for a Souldier with the Earle of Essex to the Island of Azores , and went with him in the same ship , to auoide all suspition , besmearing also the Earles chaire with poyson , which tooke no effect against the Earles life . Afterwards returning into England , he began to liue securely , not suspecting that his Confessor Walpole would euer reueale him . But it seemes Walpole either taking it very ill that this matter tooke no effect , or else suspecting that Squire tri●●ed out all his vowes , and mockt him ; he wholly bends himselfe for a reuenge . Certainly , there was one sent ouer into England , that generally accused Squire of such an intended mischiefe : which being of such a great moment , Squire being hereupon examined , at the first denied it ; and afterwards , being more narrowly demanded in some circumstances , and suspecting that now his Confessour had not dealt honestly with him , he confessed all concerning Walpoles proposals , and his consent , and about the poyson laid to the Queenes Saddle . But at the iudgment seat , & afterwards at the gallowes , he professed , that although he was suborned to this villany by Walpole , & others , that yet he neuer resolued with all his heart to doe it . After his death , Walpole ( or one vnder his name ) set forth a booke , wherein hee forswore and bitterly detested all these things which Squire confessed . But howsoeuer some of our English run● awayes haue beene too much learned , to the destruction of many men , and their own great disgrace ; for they haue nourished this dangerous opinion , that to murther excommunicated Princes is nothing else , but to root out Tares out of the Lords Garden . Much about this time were some idle busie-bodies , whose onely businesse was to stirre where there was a calme , much imployed to breed debate between the Queene and the King of Scotland , who scattered rumours that he too much fauoured the Papists , and was too much estranged of late from the Queene . And to giue some credit to this report , there was shewed her Letters sent to the Pope of Rome , indited by the vi●lany of the Kings Secretary , and counterfeitly subscribed by the Kings hand and Seale . But the Queene , not giuing credit to all this report , and their confirmation of it , reiected these things , as all nothing but deuices of wicked men , to estrange the affections of all Protestants from him , and to reconcile the Papists to him . Nay , when as this Valentine Thomas a notorious villaine , and now condemned for theft , required that he might be heard speake a little of a matter of great moment ; and being set by to speake , accused the King of Scotland , as ill affected towards the Queene , the Queene was so farre from giuing heed to these whisperings , that she the more loathed this villanous wretch , onely accounting him a wicked calumniator , or hired by some to say so , to trouble the King of Scotland and her selfe ; or at the best , as one that deuised such a lie , thereby thinking to saue his life . Yet notwithstanding , she commanded the matter to be kept secretly , and the villaines life to be repriued a while , lest thereby any blemish might be cast vpon the king of Scotlands honour . Besides the Queene ( in the height of these rumours of the King of Scotland ) sent to the King , admonishing him seriously to consider these things . VVHether there were any besides her that could doe him more good or more hurt then she could . Whether hee knew any that had beene more well-willing to him . Whether any one expected lesse from him then she did , who indeed desired nothing else , then that hee would promote the glory God , and not be wanting to himselfe . Neither indeed was the king any way defectiue . For to disperse the rumour that was raised of him , hee caused many men ouer England and Ireland to preach his constancy in Religion , his wisedome , his iustice , his mercy , and the rest of his Princely vertues ; thereby to draw the mindes of the Commonalty to a better perswasion of him . There were also bookes written and dispersed , that maintained his right of succession to the Realme of England ; also to informe them , that the admittance of him would be beneficiall to both Kingdomes , and farre more good then any others intrusion , and that for these reasons . First , that he relies vpon excellent right thereto ; that he is a King ; that by ioyning both Kingdomes , which hath beene so long desired , he will much encrease the glory of both ; he will ●ull asleepe the warre in Ireland , and in Spaine ; he will cause a liberty of Traffique againe ; he hath children , the props of a Kingdome ; he hath power and strength enough to defend both him and his , and is dearely beloued of all the Christian Princes in the world : and then were proposed the lamentable ends , not onely of ●surpers , but of those that stirred vp and put forward them too ; as that of Richard Neuill the Earle of Warwicke , who placed Edward the fourth in his Throne ; and of the Duke of Buckingham , who did so to Richard the third . Then for the declaration of his succession , sentences were heere and there sprinckled , to this purpose . THat Kings cannot depriue their kindred of the hope of the Kingdome ; that Kingdomes run along in the course of bloud ; that those things which by the benefit of nature fall vnto children , cannot be taken away by a Fathers disinheritance , neither remoued vpon any that are further off , by the States of the Kingdome ; that the Lord spared not the Israelites , but gaue them as a prey vnto the enemies , because hauing despised the house of Dauid , they chose Ieroboam the sonne of Nebat King ; that to remoue the gouernment of a Kingdome from the neerer to the further off , is not onely repugnant to Humane L●wes , but also to Diuine . As they that enter in ought patiently to expect the 〈◊〉 ( be it neuer so tedious ) of those that are comming out ▪ so those that are on comming out , are bound to giue their Successours or commers in good ground of entrance , lest that both complaine , one being wearied with idle hope , and the other with daily intreaties . But better then all these was the booke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , written by the King and giuen to his Sonne ; wherein is the excellentest description of a Prince that can be : insomuch , that it is almost incredible to belieue , how infinitely he reconciled the peruerse mindes of the people , and what great expectation he stirred vp in euery one of future goodnesse . How the Queene tooke it I know not , but sure I am , that she her selfe was so well affected to learning , either alwaies reading or writing something , that she had lately translated Salust de bello Iugurthino , into English ; and about this time , the greatest part of Horace , de Arte Poëtica ; and the booke of Plutarch de Curiositate ; all which she wrote with her owne hands , for all the rebellion in Ireland grew so hot as it did ; which after we haue giuen account of some of our men of note , that died this yeare , we will declare in order . The first whereof was Thomas Stapleton Doctour of Diuinity , borne in Sussex , and bred in new College in Oxford , hee was Ordinary Professour of Diuinity , and the Controuersies of the Vniuersity at Doway : for in the beginning of the Reigne of Queene Elizabeth , out of the good will hee bore to his Romish religion , hee went ouer into the Low Countries , where by his publike Lectures , and his printed workes , hee at last grew very famous . The second was Richard Cosin a Cambridge man , Doctour of Law , and Deane of the Arches , who by maintaining the Ecclesiasticall Iurisdiction , got him the report of great wisedome and learning . The third was Edmund Spencer , a Londoner borne , and a Scholler of Cambridge , who was borne to so great fauour of the Muses , that hee surpassed all our Poets , euen Chawcer himselfe his fellow Citizen . But labouring with the peculiar destiny of Poets , pouerty ; ( although hee were Secretary to Grey Lord Deputy of Ireland ) for there hauing scarse time or leisure to write or pen any thing , hee was cast forth of doores by the Rebels , and robbed of his goods , and sent ouer very poore into England , where presently after hee dyed ; and was buried at Westminster neere Chawcer , at the charges of the Earle of Essex , all Poets carrying his body to Church , and casting their dolefull Verses , and Pens too , into his graue . Now all this yeare the rebellion in Ireland continued very hot on foot still , for Tir-Oen had got his pardon vnder the great Seale of Ireland , which hee so dissemblingly implored at the hands of Ormond the Lieutenant : yet on a sodaine dared hee to girt Black-water with a strong siege . To remoue this siege , the Lieutenant Generall of the Irish forces ( for as yet there was no Lord Deputy ) sends forth his choycest bands ; to wit , thirteene Regiments of men of Armes , vnder so many Ensignes , all vnder Henry Bagnall the Marshall , a bitter enemy of Tir-Oen . The fourteenth day of August they marched from their Campes neere Armagh , in a threefold battalion . The first the Marshall Bagnall and Piercy led , Cosby and Thomas Mary-Wingfield led the middle , and Cuine and Billings the last . Calisthenes Brooke , Charles Montacute , and Flemmings were leaders of the Horse . They scarce marched a mile , but too much seuered from themselues by reason of the swelling vp of some hils in their way ; there being nothing but a plashie plaine of one side , and woods on the other ; but I say , Tir-Oen being vehemently incensed with hatred against the Marshall , brake in vpon the first Squadron , with all his force and might , and presently hauing slaine him amongst the thickest crowde , put all his troupes out of order with the multitude of his forces , whilest the rest of the English , by reason of the hill between them , scarce saw any such matter : & at the very same time the powder hauing by some strange chance taken fire , blew vp many of them , and maimed more . Afterwards Cosby being sent to recollect the remnant of the dispersed Squadron , had a great ouerthrow . But Montacute ( although not without great danger ) reduced them to an order . Wingfield in the last Squadron , failing of powder , returned to ●●magh againe . And Tir-Oen got thus a pleasant victory of the English , and a more pleasant triumph ouer his enemy . And certainly , the English receiued not a greater slaughter then this , since the time that they first set foot in Ireland , hauing lost 13. stout and valiant Leaders , and 150. common Souldiers , that being put shamefully to flight , were slaine vp and downe about the fields . They that remained aliue , were opprobriously blamed , not their sluggishnes , but their Captaines vnskilfulnesse ; neither was their complaint of that altogether friuolous , for it was no great discretion in any Captaine , to march so disioyntedly one company from another , against such barbarous people , who alwaies being heaped together , are more beholding to their rude violence for their good fortune , then any policy or discretion . Not long after this slaughter of the English , followed the yeelding of Black-water Fort to the Rebels , the men that lay in Garrison keeping both their loyalty and their Armes still , till such time that there was no hope of any succour . This victory got great glory to the cause of the Rebels , and this Fort of especiall vse ; for from hence they furnished themselues with all kinde of prouision of Armes ; and now Tir-Oen vnder the name of the Authour of their liberty , being greatly swolne with pride thereof , grew more fierce then before ; insomuch that all Mounster reuolted from the Queene ; and yet not so much out of this prosperous successe of the Rebels , as out of their hatred towards the English vndertakers , and Farmers , who were brought into the lands and possessions of Desmond , that fell to the Queene after his rebellion : and partly also , out of hope of Protections if their purposes failed . For now there had beene a most detestable custome very rife in Ireland , whereby Rebels , and the like malefactors , purchased , with monies that they had got by preying and robbing , their Protection . Tir-Oen the better to keepe on foot and nourish this new Reuolt in Mounster , sends thither , Ouny-Mac-Rory , O-go-More , and Tirill ; who though he were an Englishman originally , yet he was a great enemy to the very English name , and with them he ●ent M. villaines and robbers . Against these came Thomas Norris as farre as Kilma●ocke , with an army strong enough to encounter them . But when he perceiued that the very Irish that marched vnder his banner , began to thinke of reuolting from him , and that the new Farmers that came out of England , could not furnish him with aboue two hundred , and those vnweaponed , hauing dispersed his Forces , he betakes himselfe to Corke . The Rebels all this while hauing their number encreased with continuall concourse , by the priuiledge of being wicked , lay wast all the ground about them , prey euery where , and set fire on all the English Castles and houses they could ; killing the owners most cruelly and ordinarily : which they could not haue done , if so be that they that hired those grounds had sent out their Farmers furnished and in that number , as by their Couenants they ought to haue done . The pride and vaine-glory of the Rebels thriuing along with their good successes , brought them to such a passe , that they themselues declared , that Iames Fitz. Thomas one of the Family of the Earles of Desmond , ( but a most filthy fellow ) Earle of Desmond ; but yet so , that he be tributary to O-Neale , that is , the Earle of Tir-Oen . And Tir-Oen for his part , he trumpets out the glory of his fortune throughout all Spaine , by his boasting Letters ; withall beseeching the Spaniard to giue no credit to it , if he should chance to heare that he sought after a peace with England : for certainly hee would stop his eares against all conditions thereof , were they neuer so reasonable . And yet in the meane time his dissembling was so palpable , that he sent both Letters and Messengers to the Lieutenant to deale about his submission , although therein hee asked most vnreasonable demands . First of all , to represse this his insolency , Richard Bingham seemed best , and fittest , who had beene valiant , and as fortunate against these Rebels heretore . But being remoued from his President ship of Conaugh , by reason of his Prouincials complaint of his too great seuerity , and recalled to England , he was thence committed to prison . And now againe , from thence was he sent backe againe , with great honour and authority , and the Title of Marshall of Ireland , and Generall of Leinster . But euen as soone almost as he arriued at Dublin , he died . Hee was a man of a famous house , and an ancient in Dorset-shire , but more famous was he for his Military honours and atchieuments ; for he was a Souldier at S. Quintins in Britaine in France , at Leith in the Islands Hebrides in Scotland , at the Island Candy , at Chry against the Turke , in France , in the Low Countries , besides what we haue heretofore said of him in Ireland . THE TVVO AND Fortieth Yeere OF HER REIGNE . Anno Domini 1599. ANd now Ireland was somewhat in a lamentable case ; for almost all the whole Nation had beene infected with this rebellion . Some by reason of the iniuries done them , by them that lay in Garrison . Some by reason of feare of the aduerse party , which was the strongest . Some by reason of the prosperous successe of the rebellion . Some perswaded thereto by the Priests ; and others drawen thereto by a scandalous rumour scattered euery where by the Arch-Rebell , that the Queene had determined vtterly to vanquish and root out the memory of the Irish Nation . In England now was there great consultation , who would be fittest to bee sent ouer to represse and extinguish this fire . The Queene , and most of the Councell , cast there eyes vpon Charles Blunt , Lord Montioy . But Essex closely gaue them to know , that hee was of no experience that way , onely but that he had beene a Captaine in Holland and Britaine : that he had not meanes enough , nor clients good store , and that he was giuen too much to studie . Said , that they ought to send one ouer thither , who was of great honour , and as great wealth , beloued of Souldiers , and one that had beene a Generall heretofore : and as much as if he had said , they should doe well to send him ouer . For the Queene easily perceiued it , and resolued to make him Generall of her 〈◊〉 Ireland ; But yet hee would seeme in a manner to refuse it , willing that so difficult an authoritie should bee rather bestowed on any one : and , yet if any man else had beene but nominated , hee would haue quickely laye● some rub in his way . To conclude , the Earle bare himselfe so in this matter , that his enemies easily perceiued that he des●red nothing more , then the command of the armie , that thereby he might vnite to himselfe the hearts of all the Souldiers ; and this he went about withall so strangely , that some feared a monster would bee bred in his braine ; especially , since the greater was the Queens beneficence , the greater would be his arrogance . Besides all this , his Pages and followers , would boast of great matters vp and downe , viz. That hee descended from the family of the Kings of Scotland by the eldest daughter of 〈…〉 Neither were they contented to extoll the glorie of his pedegree ; but also euerie one exceedingly praised in him , Religion , Valour , and Wisdome . These things , some in the Court , that desired his roome more then his company , aggrauated so much , that they put spurres to him that run before , propounding vnto him glory for euer with posteritie , and the loue and good will of the present commonaltie . Adiuring him for the great and euerlasting good of this commonwealth , to take this hard taske vpon him ; promising to him very largely all their endeauours , and the vtmost of their good wills . Others , a more craftie kind of his enemies , vnder the colour of friendship , by greatly extolling him , and raising vp great expectation of him , did the more vehemently , as more secretly , practise their old hatred and enuy against him : well knowing , that the fiercenesse of his youth , would quickly runne it selfe to destruction ; and considering that there was to shew no better way of quite ouerthrowing his great popularitie , and loue of the people , then by putting him vpon a businesse , which hee would not be able to goe through withall . Indeed , what need many words ? Hee , although a man of a most perspicuous , and quicksighted capacitie , yet either perceiued it not , or would not . For first , in the conceit of his followers , and then in his owne also ▪ hee seemed able to go through the difficultest matters , that were . Hereupon , to the great and publike ioy of all the people , he was made Lord Deputie of Ireland , very mightie in his power , either to prosecute or conclude by composition , the warre ; to pardon any offence , of treason , or any thing against the Queene , or any bodie , euen to Tir-Oen himselfe the arch-rebell . This power with great importunitie , he obtained for himselfe , although that this the said power in all the other Letters Pattents of the Lord Deputies , were formerly restrained in these words ( All Treasons , touching our owne Person , our Heires , or successours being excepted . ) And very prouidently , did hee importun● this wide and ample authoritie of forgiuing and pardoning , by reason that the Lawyers were of opinion , that any kind of rebellion touched the Queenes person . His armie was allotted him , as much as he would desire : neither euer saw Ireland a greater . 16000. Foot , 1300 Horse ; which number afterwards in all was compleat 20000. And , to see the secret working of malice , there was nothing that the Earle desired , but the officious , and more treacherous industry of his aduersaries quickely obtained it for him . And the better to intangle him vnawares in vnknowne nots , they laid spies round about him , that should take notice of his doings , obserue his sayings , and alwayes make the worst of either . In his Commission hee had authoritie ( for I omit the ordinary priuiledges , . and that too ▪ not to knight any one , but the well de●eruing ) to omit the rest of the Rebells , and bend all his forces only against Tir-Oen , and as soone as hee could possible , for to oppresse him with the garisons at at Lake-Foyle and Balshanon . And this hee himselfe was alwayes wont to hold very necessary to bee done ; heretofore obiecting it as a great fault in the former Deputies to prolong the warre by often parlies and colloquies . About the end of March , the Earle departs from London , being accompanied with the chiefe flowers of the Nobilitie , the people accompanying and following him with their heartie acclamations and shouts of ioy ; but the skie being cleare there was great thundering , and verie much raine vshered downe by it . In his voyage , being tost hither and thither by a crosse tempest , at last hee arriued at Ireland : and hauing taken a sword , according to the custome , although there was no such matter in his commission , he made the Earle of Southampton gouernour of the horsemen . And after that , by the perswasion of some of the Queenes Councell there , that too much intended the good of their priuate affaires , hee neglects the Arch-rebell Tir-Oen , and marched against some pettie rebels in Mounster , and there he tooke Cahir Castle , the Lord Edmund Butlers of Cahir , encompassed with the riuer Swire , and which was a famous receptacle to the Rebels . He spread farre the terror of his comming , by driuing away great store of the cattell ; & scattering the rebels out into the woods and forrests thereabouts . Neither returned till towards the latter end of Iuly , many of the Souldiers diminished , and all sorely wearied ; and he himselfe very much angred , that the Queen , hauing fed his credulous hopes with expectation of it , had now made Sir Robert Cecil Master of the Wards . The Queen taking this lossefull voyage very ill at his hands , vrged him eagerly to post to V●ster after Tir-Oen : The Earle in his letters laid the fault vpon the Irish Councell , to whom hee could not chuse but condescend , by reason of the great experience in the Irish affaires ; most solemnely promising that very speedily he would march into Vister . These letters being scarce deliuered he sent others , wherby he signified that he must necessarily turne aside a little to Affalla neere Dublin , against O-conore and Ol-Moyle two rebels there ; and those indeed he quickely vanquished . But returned againe , he found his armie so diminished , that by letters signed and sealed by all the Irish Councell , he requested more supply from England against his voyage towards Vlster , which he was now about . And now being fully resolued to turne all the warre vpon Tir-Oen , he commandeth Sir Coniers Clifford gouernor of Conaugh , to go to Belick with his bands and troupes ready furnished , thereby to distract the enemies forces , whilest he set vpon them on another side . Clifford forthwith marching on with 1500. men , hauing wearied them sorely , and finding a great want of powder , commandeth them to come ouer the Cunlew mountaines ; and hauing got ouer the greatest part of them , the Rebels vnder the conduct of O-rocke his sonne that was hanged , on a sudden rusht vpon them ; But the English at the first driuing them before them , easily kept on their way . The Rebels notwithstanding kept not far off , but vnderstanding that they wanted powder , set again vpon them ; and what by reason of their faintnesse in the tedious way and vnequalitie of resistance , they put them to flight : hauing slaine Clifford and Alexander Ratcliffe of Orsdal , Knights , and many old Souldiers . In the meane time the supply of Souldiers in England , that Essex craued was mustered and sent ouer . But not many daies after he sent ouer other letters , thereby signifying that all that he could doe this yeere would be with 1300. Foot , and 300. Horse to come to the borders of Vlster . The Earle hauing come thither with these forces , he perceiued Tir-Oen now and then for a day or two , to shew him se●fe from the hils a farre off : and shortly after Hagan comes from him , and ●ntreats of the Deputie a parley . The Depuputie denied it , but said , that if Tir-Oen desired a par●ey , he would parley the next day with him in battell . The next day , there being onely a small skirmish , one of Tir-Oens horsemen , open●y cries out that Tir-Oen would no longer fight , but would parley with the Deputie : but yet by no meanes betweene both the armies . The next day the Deputie Essex marching forwardes , troupe by troupe , comes the Hag●n and meetes him , and tells him ; that Tir-Oen did earnestly desire the Queene mercie and peace ; and onely requested that he might but be heard speake . Which if so be the Lord Deputie would but grant vnto him , that he , in all obseruancie , neere vnto Balla Clinch Riuers Foord would expect him , a place not far from Louth the chiefest towne in the Countie . Thither sent Essex some to view the place first : and they find Tir-Oen ready at the Foord , who told them that although the Riuer had ouerflowed them a little , they might easily heare one another speake of either side . Hereupon Essex , hauing set in order a troupe of horse on the next hill alone comes downe : Tir-Oen riding vp his horse to the belly , comes and salutes Essex on the banke side , with great obseruancie : there hauing had many words without any arbitrators , they spent almost an houre . Within an houre or two after , Cone the base sonne of Tir-Oen , following after the Deputie , beseecheth him in his Fathers behalfe , once more to parley with him , and to haue some of the chiefest on both sides present . The Deputie therewith condescended vpon condition that they should not be aboue ●ixe . On the day appointed Tir-Oen , with his brother Cormac , Mac-Gennys , Mac-Guir , Euere Mac-Cowley , Henry Ouington and O-Quin shewes himselfe at the Foord . Essex the Deputie with the Earle of Southampton , George Bourchiere , Warham S. Leger , Henry Danuerse , Edward Wingfield , and William Constable Knights comes down vnto them . The Earle salutes euery one of them very courteously : and not many words being on all sides spent , it pleased them that the next day there should be some delegated , that should treat concerning a peace . Amongst those delegates it was agreed vpon that there should be a truce from that day for sixe weekes , and then so againe for the next sixe : But yet so that on either side , hauing giuen fourteene dayes wa●ning , they might haue leaue and libertie to renue the warre againe . And if so be any of the Earle Tir-Oens confederates shall not agree thereunto , that it should be lawfull for the Deputie to prosecute him as it shall please him . Whilest these things are doing , Henry Cuffe brings those last letters we spake of to the Queene : whereby when she vnderstood that Essex with so great an armie in so long time , and at so great charges had done nothing as yet , and sent her word that he could doe nothing , this yeare ; she was greatly moued thereat , accusing all his consultations and actions headlong , vnhappy , and contemptible . Nay , she doubted not to say but vpon what iealous suspition I know not , to some there , that he endeauoured in Ireland some what more then the good of his Prince and Countrey . Neither would she recall her opinion after great perswasion , alwayes esteeming it the greatest folly that can be , to stirre vp one that is ready armed , whom once he had stirred before , and since armed . But yet she sent her letters backe to him and the Counsellours of Ireland : wherein she expressed her great admiration , that the Deputie should lose so much time , and imbrace all kind of occasions of delay , that he should spoyle many faire opportunities of good successe against the Rebels , when as he himselfe in England thought nothing fitter , then onely to prosecute and pursue Tir-Oen , which also in his letters since he had largely promised . She also expostulated with him about his expedition into Mounster and Affalle , against his own sober iudgement , and against her knowledge ; for had he made her acquainted with his intent , she would haue hindred that hurtfull expedition . If now the army be weake and feeble , why did he not follow the enemy when it was not so ? If the Spring time were not fit for his warre in Vlster , why did he neglect the Summer and Autumne ? was not any time fitting enough for that warre ? she did now well see that England must be consumed more then needs , and by this vnhappy successe suffer the note of infamy of all forraine nations ; Nay , that they , that hereafter shall write the History of these times will instruct posteritie , that she neuer did any thing in the preseruing of Ireland , and that he neuer omitted any thing that might tend to the losse of it , except he would take some better order with his warres . Wherefore she admonished both him and the Councell , that with better aduice they would prouide for the good of the Common-wealth , and not be led aside by euill suggested councels As also that they should write backe to her to what passe they haue brought the State of Ireland , and also to take care against the further damage thereof . The Deputy being much mooued with these letters , and discontented that among other things , the Queene had chid him too , that hee remooued not the Earle of Southampton from his office which he lately bestowed vpon him , ( for the Queene was displeased with Southampton , because against her knowledge as the Nobles vse not to doe , he had married Elizabeth Vernon , borne of the Aunt of the Earle of Essex secretly . ) But most of all being discontented at the preferment of his enemie Cecil , to his place of the Master of the Wards , hee began to cast himself into darke and cloudie stormes of melancholy ; he secretly thought some vndirect course to take in hand , as , to returne againe into England with his choisest Bands , and so to bring vnder his power by force those his great enemies ; being perswaded that great store of concourse out of loue to him , and desire of innouations , would easily and quickely flocke vnto him . But Southampton , and Sir Christopher Blunt , that had married his mother , frighted him from this dangerous , wicked , and hatefull enterprize . Whither or no the Queene had inckling of this matter , I know not ; but at the very same time , by reason of vncertaine rumours of a Spanish inuasion that was willingly beleeued , there was mustred vp 6000. of the choycest and most experienced footmen of all London ; 3000. whereof lay at watch and ward about the Queene ; the rest commanded to be in readinesse vpon any occasion : and besides these , a great number was also mustered out of all the places neere abouts . Of all these , Charles Howard Earle of Nottingham , Lord Admirall of England , was made Commander , with authoritie both against enemies abroad , and rebels at home . But within few dayes after this armie was dissolued againe . Within a moneth after , Essex , sooner then the least opinion of any one , comes ouer into England in all hast , with some of his choicest friends . Southampton , who now was put by his office ; the Lord Dunkelline ; Christopher S. Laurence , the sonne of the Lord Houth , Henry Danuerso , who yet had notwithstanding recouered himselfe of a dangerous wound , Henry Doc●ray , and other Commanders , and many others , who at his arriuall in England , went away seuerall wayes . Essex accompanied onely with sixe , comes to None-Such where the Queene then lay , to enforme her of the affaires of Ireland . In his way , the Lord Grey of Wilton , one of his greatest enemies ouer rode him , and not once saluted or spake to him . The Earle fearing lest he should doe him hurt at the Court , and Sir Thomas Gerard ouertaking him , and , although in vaine , requesting him that hee would doe him no ill office there ; Christopher S. Larence offered his seruice to the Earle of Essex to kill the Lord Grey in the way , and the Secretary at the Court. But the Earle , hating such wickednesse from his heart , would not yeeld thereto ; but made such hast to the Court , that on the morning betimes he came and fell on his knees before the Queene , that not so much as thought of him , as shee was in the Priuie chamber . The Queene entertained him with a short speech , but not with that fauour she was wont ; and bid him go to his chamber and continue there . For now to his other offences he added this , that without her leaue , or against her will he had left Ireland ; and for that he had made such a truce , that euery fourteene dayes was violable , when as it had beene in his power , by his authoritie , to haue ended the matters with the Rebels , and pardoned their treasons . Being asked of the Councell , why he made such couenants with Tir-Oen , hee answered , That Tir-Oen being potent , proudly refused any conditions almost , except hee would forgiue all the Rebels too in Ireland : except the Irish should be restored into their possession which the English had , and except the Romish religion might bee with libertie professed through all Ireland . But when as these things were adiudged by the Councell uery heinous , and then his returne into England againe , especially with such company as he did , grew also somewhat suspicious ; and the more , being aggrauated by the varietie of plots laid by his potent aduersaries : the Queene thought it fit to confine him to some custodie , but yet not to any prison , lest she might seeme thereby to cut off all her former fauours towards him ; but she confined him to the Lord Keepers house , that so , not being at libertie he might not be led away with euill counsell . The Earle tooke it very vnkindly , that both his and his friends returne should be so misconstrued to a suspition of ill ; For I haue seene his owne hand-writing , wherein in a very faire method , he digested and heaped together whatsoeuer he did thinke would be obiected against him . To wit , that first neglecting his instruction , he delayed his expedition into Vlster , by losing fit opportunities , both wasting and wearing the Queenes Forces elsewhere . Secondly , that he had made couenants , and a truce most beneficiall to the Rebels . Lastly , that the affaires in Ireland , being not set in good order , that contemning the forbidding of the Queene , hee had left Ireland , and returned with so many warlike men . To these things hee adioyned this answere : I Before I left Ireland , set all things in that order , as now they are ; that there hath beene no hurt done these nine moneths . That there was no reason why his companions that came with him should be suspected ; they being few , and hauing good occasions of their returne ; and that no more then sixe accompanied him to the Court. What hurt could hee doe with so small a company ? It had beene an easie matter for him to haue thought or done any hurt when he had the armie and all Ireland at his command . If he were desirous of reuenge , that he needed not any others helpe . For he is quickely master of anothers life , that is a contēner of his own . But I knew ( saith he ) who said to me , Vengeance is mine , and I , &c. Shall so great a calumnie fall vpon mee , that my returne should be suspected , who haue worne away my body in my Princes seruice , that haue spent my fortunes , that haue lyen suppliant at my Princes feet . Equitie and charitie ought to admit of these things , but vpon very good grounds , against them especially , whom the profession of the same religion , and the noblenesse of birth would free from the like suspition . Shall such suspition fall vpon me ? Who haue lost my father and brother in the seruice for this Land ? Who for thirteene of the three and thirtie yeeres I haue seene , haue serued the Queene ; and for seuen of them thirteene haue beene of her priuie Councell ? Who haue beene hated of all those , that either enuied the Queene or her religion ? Who haue so exposed my selfe to euery ones reuenge , out of my dutie to her , and my paines against her enemies , that no place but this Kingdome , and no time , but while shee liues , can secure me from them ? Neither did he alone thus complaine , but many also euery where : some of them conspiring together by violence and force to set him at libertie : but he out of his honest and true noble mind would not suffer it . But let vs returne to Ireland , and leaue Essex that hath left it . The times of the truce are scarce gone out once or twice , but Tir-Oen with an enemies courage , assembling his Forces , prouides againe for warre . From England was Sir William Warren sent to him by the Councell , to know wherefore he brake the truce . To whom hee loftily answered , that hee indeed brake not the truce , but gaue warning fourteene dayes before his renewing of the warre . And that the occasion of his renewing the warre was very iust , by reason he vnderstood that Essex the Deputie , in whom hee had reposed the trust of his life and goods , had beene committed in England : and that now hee would not haue to doe with the Counsellors of Ireland , who dealt but scuruily and deceitfully with him before . And that now , if he would , he could not renue the League againe , because already he had sent forth O-Donell into Conaugh , & others of his cōfederates into other quarters of the kingdom . In the meane time there were rumours spred vp & downe ouer Ireland , ( not without Tir-Oen being the Authour of them ) that shortly England should be vexed againe with new commotions : and truely they were prepared reasonable well for the matter , for the wickeder sort in Ireland , enc●eased daily in number and strength , they which were of the Irish stocke , now looking after nothing but their ancient liberty and Nobility . The honester sort of the English bloud , being daily cast downe more and more , to see so great charges of the Queene spent in vaine ; complaining also , that now they were excluded from any offices in the Common-wealth , and vsed like meere strangers and Forreigners . But Tir-Oen he was very cheerefull and couragious , boasting and bragging vp and downe , that now hee wo●ld restore to Ireland it 's ancient liberty , and Religion . He receiues to his protection all tumultuous persons , furnisheth them with succour , confirmes the doubtfuller sort , and eagerly laboureth to weaken the Command of the Engish in Ireland , b●ing lull'd on with hope of the Spaniards aide , and money , and prouision , which once or twise was sent him ; and thereto also , not a little encouraged by the promises and Indulgences of the Pope , who had now sent vnto him the Fether of a Phoenix ; it is like because Pope Vrban the third a great while ago , sent to Iohn the Sonne of Henry the second , Lord of Ireland , a Crowne of Peacockes Feathers . In the meane time many men that had but little to doe , and some suggested thereunto , extolled the Earle of Essex for all this , wounding the Councell in their disgracefull bookes , and sometimes the Queene too , through their sides , as all neglecting the good of the Kingdome , and taking no care for Ireland . Whereupon the Councell , the day before the ●nd of Michaelmas Tearme , meeting according to their custome in the Starre-Chamber , the Lord Keeper hauing admonished the Nobler sort to retire into the Country , and keepe good Hospitality among the poore , and willed the Iustices of Peace , not onely seuerely to punish the transgressours of the Peace , but by all meanes to preuent all transgressions . Then greatly accusing the ●uill language of those back-biters and calumniators , that had traduced all the Councell , hee declares vnto them how carefull the Queene hath beene in prouiding for Ireland , and appeasing the tumults therein : and how preposterously Essex went to worke with the Rebels ; and how base couenants with Tir-Oen he had condiscended vnto , that now durst euen boast vp and downe that he would come into England shortly , and here also get himselfe possessions . The Lord Buckhurst that was made Lord Treasurer after Burghley deceased , much inueighing against the Penmen of those infamous Pamphlets , declared also what great armies , and what great prouision was sent into Ireland , that euery moneth the pay was sent for three moneths together ; and that the Queene had in this warre within six moneths spent three hundred thousand pounds , and the E. of Essex could not deny this . The Earle of Nottingham he shewed how the Queene had assembled her wisest Counsellours best insighted into the affaires of Ireland , to a consultation about this Irish rebellion , and that all or most of them , adiudged it fittest , first to reduce Vlster to obedience . That Essex also was of the same mind ; who oftentimes had reiterated these words , that not the boughes of rebellion , but the root must be taken off . But that he was very sorry that he had done otherwise : withall affirming that fiue of the Queenes ships , with others , ready to be vsed in warre , had beene sent ouer to Vlster , and there lay six whole moneths without any vse . Secretary Cecill , first declares the singular care of the Queene in her defending England and Ireland , by remouing renowne and glory of her Maiesty ; and which was worst of all , would puffe vp the proud mindes of the Rebels , as appeares by that of the arch-Rebell Tir-Oen , who the next day after the Earle of Essex came to the English Court , could not containe himselfe , but he must breake into the like speeches as these ; That he did not doubt but shortly to see a greater change and alteration of things , then euer yet had beene in former ages : that he would shew himselfe there shortly , and challenge some part of it for himselfe ; but professing that he could not imagine , by what diuination , or cunning , he could hope of these things , or know , within so few howers , what was become of Essex . Thus farre went Cecill : and it will be needlesse to repeat what euery one said , since all came to the same effect , and conclusion . And now let vs leaue the Earle of Essex vnder custody with the Lord Keeper , who being onely deuoted to godlinesse , and diuinemeditations , seemed to haue beene past beyond all the vanities of this world : he sent such godly Letters seasoned with such a religious contempt of worldly affaires , to all his Friends and Familiars . And now in the meane time Andrew of Austria , the son of Cardinall Ferdinand the Arch-Duke , brother to Maximilian the Emperour , who in the absence of Cardinall Albert of Austria , at the marriage in Spaine was made Gouernour of the Low Countries , very diligently dealt with Charles Lanfrance , and Hierom Coeman about a peace betweene the Spanish King Philip the third , and the Queene of England . Neither did the Queene shew her selfe very strange from the matter , if so be the Spaniard had delegated on him sufficient authority to treat about the peace ; and if so be they would take good order for the States of the vnited Prouinces . For to forsake those , or to doe any thing that might be disgraceful to her , or deceitful to them , she thought it vnexpiable . But yet this mention of peace did cause seuerall suspitions & distrusts both in the Queene and the States ; seeing that at the very same time there was a very constant rumour , that there was a Na●y prouiding in Spaine . But the Hollanders Nauy , that had now taken the Canary Island and the Castle , and layd wast Saint Thomas Island , was thought to haue turned out of the way . Neither is this a bare rumour , for there were some Gallies prouided in Spaine , by the appointment of Fredericke Spinula of Genoa , who being exceeding rich aboue ordinary , hauing beene a Souldier in the Low Countries , perswaded the Spaniard to send out some Gallies into Flanders . And those Gallies being sent out vnder his conduct , passing by the French shore , came to the Hauen Scluse in Flanders , not being espied either by the English or Hollanders ships that tarried for them . For being carried farre to the North in the British Ocean , either by the tide , or ignorance of the places , by all aduentures , they escaped the English and Ho●landers , that waited for them . These Gallies first of all caused great admiration to the English and Hollanders , who in the yeare 1545. had found the British Ocean swelling and raging with stormes , altogether impatient of such plaine Vessels , when some of them were sent from the Mediterranean Sea against England . But now they did great hurt about where they went , for being made by skilfull Ship wrights according to that fashion of those that 1593. went as farre as the Islands of Azores , they scorned the anger of our Seas , and in a calme being rowed with Oares , they would doe great harme , when ships built at great charges , being destitute of winde , lay at rode closly , and exposed to their hurt . Much about the same time Charles by the grace of God Hereditary Prince of the Kingdomes of Swecia , the Gothes and Vandalls , ( for these are his titles ) sent Hill an Englishman ouer to the Queene , that he might acquit him of calumnies before the Queene , he being traduced out of affectation of innouation , for to haue wrought to himselfe the Kingdome , against Sigismund his Nephew King of Poland , entreated the Queene that she would not beleeue these calumniators , and also to aide him with councell , and helpe for to defend and propugne the sincere Religion grounded on the word of God. The Queene publikely heard him , and answered him , wishing him to wish his Master to keepe his word better with his Nephew the King of Poland , and not to ●inne against Iustice , Nature , and the lawes of Affinity . In this yeare there died too many in that one Richard Hooker borne in Deuonsh●re , and bred in Corp●s Christi College in Oxford , a Diuine v●ry modera●e , tempe●●te , meek , and vertuous euen to the best imitation ; and besides , very famous for his learned Workes , as his Bookes of Ecclesiasticall Policy , set forth in English , but worthy to speake Latine , doe testifie of him . THE THREE and Fortieth Yeere OF HER REIGNE . Anno Domini 1600. IN the beginning of this yeare the 〈◊〉 being daily busied with the affaires of the Kingdome , that she might the better prouide for mony , amongst her so great cost and charges in the Irish warre , delegated some , who hauing receiued their monies , might confirme to them that Crowne-land which the law had called into question . Also she caused the ancient lawes of Edward the 4 , Richard the 2 , & Henry the 4 ▪ to be obserued , concerning the transportation of gold or sil●er coy●ed or ●ot coyned out of England which she proclaimed vnlawfull . And she became more intent then euer shee had beene towards the affaires of Ireland : for Tir-Oen , after the returne of Essex from Ireland , being pu●t vp with the ioy of his happy mischiefes , accounted himselfe Monarch of ●●eland ; and to disperse that fl●me , which in his absence he had raised in M●unster , no by his presence he s●attereth it abroad , vnder a pretence of a religious trauell , to see a 〈…〉 Holy Crosse ; which was said to bee kept in a 〈…〉 Iourneying thither in the midst of Winter , he put on many vpon rebellion with his stately pr●mises and earnest exhortations ; He makes Iames Fitz-Thomas the kinsman of the Earle of Desmo● , whom the Rebels 〈◊〉 had made Earle of Desmon . He exalteth also 〈…〉 to the honourable title of Mac-Car●y-More . Hee taketh pledges of those of the rebellion whom hee most suspected ; and layes wast all the grounds of the faithfull subiects thereabouts , making them a prey to Mac-Guyr , the boldest 〈…〉 his followers . But this Mac-Guyr by chan●e 〈◊〉 ●pon Warham of St. Leger , who run him through with a speare , and was also run through himselfe by him : hauing sufficient victory without a triumph : and liuing long enough , in that he had kil'd so bold and audacious a R●bell . When this flame of rebellion had beene blowne vp into so hot a fire , that Ormond Generall of the armie , nor George Carew Treasurer of the same , who were made the Iustices of Ireland , could quen●h the same ▪ the Queene , alwayes happy in her owne choice ▪ sent ouer in the midst of Winter Charles Blunt , Lord Montioy , Lord Depu●i● into Ireland ; whom shee knew fitting to command , because shee alwayes found him readie to obey . He arriued at Ireland quietly in February , with but a small company , where 〈…〉 Ireland in a woefull and miserable pligh● . ●or Tir-Oen triumphing-like had ouer run all Mo●nster , from the fa●thest part of Vlster not any resisting him . Euery honest man , either out of hope of remedie or ease , grew faint and weary almost of their liues ; the wickeder sort , they hauing all things according to their owne minde , thought of loftie matters , and and certainely all the nobler sort secretly conspired to assume againe their ancient libertie , which they so tediously heretofore complained , as being sore oppressed . There stomackes were indeed the better whetted to the matter , by reason that Clement the eight Bishop of Rome , had lately set forth his Indulgence out of the Churches treasurie , as our aduersaries speake . And in this Indulgence or Bull ( to comprehend all in few words . ) First hee commendeth the Prelates and Peeres of Ireland , for that they ayded Iames Geraldin , and Iohn his kinsman , and last of all , his beloued sonne Hugh Prince O-neale , and Earle of Tir-Oen , Captaine Generall of the Catholike forces in Ireland . Then hee goes on , on this manner : VVEE , that yee , both Captaines and Souldiers might more couragiously and more cheerefully endeauour your selues hereafter , against the heretickes of these times , being willing to accompany you with all our spirituall graces and fauours , and being thereunto by the example of our predecessours , and trusting to the mercie of our omnipotent God , and the authoritie of the blessed Apostles S. Peter and S. Paul : Grant mercifully in the Lord , to all yee , and euery one of yee , that follow Hugh Earle of Tir-Oen , the Generall , his Army , or any of those that are defenders of the Faith ; or that shall adioyne your selues to them , or bestow your paines vpon them , either in your counsell , fauour , prouision , armes , or any war like thing , or any other maner of way shall helpe them in this Expedition : And also to Hugh himselfe the Generall , and to euery one , and all of his Army , if so bee they will truely repent and confesse ; and if so be , if it may be conueniently done , they shall refresh their soules with the holy Eucharist , a plenary Pardon and remission of all their sinnes ; and the very same Pardon that was wont to be granted by the Bishops of our Sea , to those that warred against the Turkes , or for the recouery of the Holy Land. Notwithstanding , &c. Dated at Rome at St. Peters , vnder the Fishermans Ring : In the ninth yeere of our Popedome . M. Vestius Barbianus . The Rebels , to fright their new-come Deputie , found alarume in the very Suburbes of Dublin ; but for all that , the Deputie neglecting them , was onely earnest to set vpon the Arch-rebel himselfe at his returne from Mounster , wherefore hauing assembled a tumultuary Band , ( for his selected Bands were in Mounster with Ormond ) hee made all hast to Fereall , to stop vp the way and entertaine him with battell : But Tir-Oen being aduised of this determination of the Deputies , ( for hee had alwayes some of the Queenes owne Councell , that were too much addicted to him ) preuents him with all speed possible . The Deputie returning againe to Dublin , bent him onely to the choice and mustering vp of his old Souldiers , whom he resolued to send by Sea vnto Logh-Foile , and Bala-shanon , neere the mouth of the lake Erne ; that so he might hemme in Tir-Oen behind and before , and on each side : Also hee tooke order for the sending ayde to the Garrisons in Lease , and Ophall ; which being annoyed with so many rebels , was indeed full of danger . In the beginning of May , he marched vp towards Vlster , with resolution to turne the Rebels out of their way on that side , whilest Henry Docwray strengthened the Garrison at Logh-Foile , and Matthew Morgan at Bala-shanon . For they arriued at Culm● on the mouth of Logh-Foile , with foure thousand Foot , and two hundred Horse . And there hauing placed a Fort , and another at Ellogh , they afterward came to Derry a little Citie , halfe an Iland of some fourtie acres of ground ; which on one side was well walled with the Riuer , and on the other side vnpassable by reason of plashy grounds . In this little Citie were the halfe broken and much decayed walles of a Monastery , a Bishops Palace , two Churches , and an old Castle . The Inhabitants had erected an Armory and many little cottages of oaken plankes , and had fortified the place with vnhewen stones which they got hard by , and the rubbish and remainders of old ruined houses , hauing made their lime of shels by the helpe of fire . And this , while they were there , the Deputie did so hinder Tir-Oens purposes by daily light skirmishes , which were so vnfortunate to him continually , that ▪ finding the fortune of the war now to be altered he began to betake himselfe to his lurking holes againe . The Garrisons thus being fortified and put in order , the Deputie returned to Dub●in in the midst of Iune : and then hee requested from England some more prouision , to place a Garrison in Armach on this side ; that thereby hee might bring the Rebels into a narrower streight . And in the meane time hauing gone into Lease , the very refuge of the Rebels of Lagene , hee so followed O●y-Mac-Rory-Og , the chiefe of the Family of O-More , a bloody young man , and a bold , that had but lately caused all those troubles in Mounster , that hee slew him and many moe of his comrades ; and hauing laid waste all his grounds and possessions , so dispersed the rest of the Rebels , that there was scarce seene any one of them in those quarters . And now by this time , his new supplies came from England ouer to him : and then , although there was great want of victuals and money , and although in those quarters Winter drew on a pace , after the Eq●inoxe ; hee for all that set forwards towards Vlster , and came as f●r as the Passe of Moghery beyond Doudalk . That passage is accounted naturally the most troublesome in all Ireland : Besides , the art of the Rebels exercised therein , who with Inclosures with stakes fastned the ground with hurdles and harrowes ioyned together and stones cast betweene , and turfes betweene the mountaines , woods , and yeelding bogs , had with great skill , and greater industry blocked vp the passage crosse : which also was made worse besides , by the ouerflowing water of the riuer neereby reason of too much raine . After that the waters were abated a little , the English couragiously brake thorow those Inclosures ; and hauing vanquished all these great difficulties , & their enemies too the authors of them , the L. Deputy placed & erected a fort 8. miles from Armach , for all neere about it by the Rebels had bin spoyled and consumed ; and to the memory of Iohn Norris , vnder whom hee first exercised the Military Art , hee called the place Mont-Norris ; making one E. Blany , a lusty fellow of his hands , Gouernour thereof ; who euer afterwards kept the Rebels thereabouts in some exercise , and for the most part kept them very much vnder . In the Deputies returne , ( to omit ordinary and daily happy skirmishes ) hee gaue a great and a famous ouerthrow to the Rebels , that hee had hedged vp the way in the streight neere Carlingford . On the English side there was slaine Latwa●e Doctor of Diuinitie , and Chaplaine to the Deputie , and Cranmer his Secretary , both learned men , and for that much beloued of him ; besides some others also . The Deputie hauing returned , Tir-Oen directs all his forces and practises against Henry Docwray : and hauing a●●aulted him by skirmishes , treacheries , periuries , and more then punicke deceits , wounded him sorely ; but yet hee vnfolded himselfe valiantly and happily out of these dangers : He laid waste O-Chahans little countrey . Arthur O-Neale , the sonne of Turlogh being Captaine . Hee tooke Dunalong in the fight of Tir-Oen , and placed Iohn Bowley there in Garrison . And a little after , ( which much grieued and angred Odonel ) hee seized on Lisser Castle , by the helpe of Neale Garue of the Family of O donels , whom hee had perswaded and drawne to his side , promising the gouernment of Tir-Conelle to him , which hee challenged by the right of his blood . Much about this time there arriued a Spanish ship , furnished with weapons and a little money , and it landed at Calebeg : whither the Rebels flying with all speed , with hope of diuiding the prey , left those quarters they kept to the English Garrisons thereabouts . The Deputie on the other side , not to lose any time in the midst of Winter , entred the Glinnes in Lagene , where he receiued to obedience Donell Spaniah , Phelim Mac-Pheogh , and the tumultuary kindred of the O-Tooles , hauing taken Hostages from them to bind them the better to performance . After that he entred into Fereal , and droue Tirel , one of the skilfullest Souldiers among them , out of his boggish Hold ( they call them Fastnessi ) all thickned and fortified with briars and brambles . And now hee had gone compasse victoriously through all places as farre as Vlster , and there also he laid waste Fer●ey , hauing slaine the two sonnes of E●ar Mac-Cowley ; and sending forth Richard Morison , hee laid waste too the little Prouince Fues . He placed a Garrison at Breny , committed to the care of Oliuer Lambard : and then bending towards Droged , he receiued into obedience Turlogh Mac-Henry , a Nobleman of Fues , Euar Mac-Cowley , O-Hanlon , who gloried himselfe that hee was the hereditarie Standard bearer to the King in Vlster . Also he receiued besides many more of the Mac-Mahons and O-ralls , taking Hostages of them all . All these things did Monti●y the Deputie for his part the first yeere : Neither did George Carew vndertake much lesse fortunate enterprises in Mounster , the Southerne parts of Ireland , being newly made President of the Prouince , that now was euen growen sicke by reason of the rebellion euery where in it , vnder the ●i●ular Earle of Desmond . And first of all he dealt so cunningly with the leaders of the mercenaries of Conaugh ( whom they vse to call Bownies ) whom the Rebels had assembled and called out , that hee remooued out of the Prouince Dermitius O-Canar by a sleight , and Redmund a Burge vpon hopes of his recouering his fathers patrimony , and Tirril , putting him into a great feare lest he had laid some ambush for him . Then after this hee cunningly carried the matter , that by counterfeit letters sent to them , he bred such diffidence and distrust betweene them , that none trusting one another , and euery one fearing for himselfe , they distracted themselues . Afterwards he set on after them , hauing indiuidually accompanying him the Earle of Twomond , who many times stood him in great stead : Then he surpised the titular Earle of Desmond , whom notwithstanding the Rebels rescued againe from him . Logher , Crome , Gla●●● Carrigfoyle , Corage , Rathmore , and Cahir Castles , were by forces assaulted and taken by him , or fairely yeelded . Charles Wilmot , Gouernour of Kerrie , brought vnder his obedience , Lixnaw , Mainy Castle , and Listwill , and Fr. Barclay , Glanemire ▪ Greame one of the Commanders , did so turne the titular Earle of Desmond , that a● last he dro●e him out of the Prouince , and caused many of the affrighted Rebels to flye to their loyaltie to the Queene . To conclude all , George Carew , that entred this Prouince but in the moneth of April , when it was vp in vproares and rebellion , brought it to passe that by December it was all ouer in quietnesse ; and not so much as one Fort defended there against the Queene . Whilst these affaires passe on thus in Ireland , there are great consultations in England concerning making a Peace with the Spaniard ▪ This peace , Albert Arch-D●●ke of 〈◊〉 , hauing returned with the Infant● his wife from Spaine , and rewarded with a consecrated sword by the Bishop of Rome , propounded to the Queene . And although the Queene had denied to make any de●ensiue league with the Spaniard , to deliuer into his hands those townes that were pawned to her , or to forbid trading with the Hollanders & Zealanders , which the Spaniard vehemently vrged her to do , or yeeld to him in the Prerogatiue of her I●onor ; yet still both he & the French King , with their continuall messages , gaue not ouer their purpose of pursuing it . The Spaniard , being the onely occasion of it , who , by his quiet disposition , and the aduice of his Councell gaue himselfe to peace . For hee well knew that his father , hauing made a peace with France , desired nothing more then to make one with England also , that so hee might leaue his kingdome glorified by a firme and solid peace euery where . Moreouer hee was perswaded , that a peace with England would bee very beneficiall to the Romane Religion , 〈◊〉 Honour and profit too . For certainely there was at this time a great hope nurst vp at Rome , that it would come to passe that they in England would deal● more fauourably with the professours of Poperie , who now might returne home againe , and both preserue their Religion , and also disperse and sow it abroad also , with lesse danger then before . Also he esteemed that a conclusion of this peace , would be no lesse glorious to him , then the discouery of a new world was to his ancestors ; That the inferiour Princes now should be more obser●eable in all respects towards him , if once he were not incumbred with any warre ; and so hee might set an Arbi●ator ouer all the world . The profit that thereby hee expected , was , that the States of Holland and Zealand would presently then be brought to reasonable conditions . That hee should saue the charges of maintaining his warres there , and of con●eighing home his Nauie from the Indies yeerely . That they returning safe euery yeere , would shortly infinitely inrich 〈◊〉 . That the English by degrees would neglect their Nauigations , when once they in●rea●ed 〈◊〉 their esta●es with the Spaniards wealth ; and so that at length , being rockt in a long peace , disaccustomed to warre either by sea or land , they might the easier be inuaded on a sudden . Although the Queene was not ignorant of these things , yet after mature deliberation , adiudging this Peace commodious and honourable both to England , and her credit , hauing been lately importuned to it by the French King , left it to his disposing , that he should appoint both the time and place of meeting . The King of France appointed May the time , and Bolonia ( a sea co●st of France , anciently called Bononia ) the place . But when it was foreseene that likely there would arise a contention , or question about prioritie of place in sitting or going betweene England and Spaine , some men were selected that should make enquiry into that matter . They obserued out of the booke of Ceremonies of the Court of Rome , ( which as the Canons say , like a Ladie , Mother , and Mistresse directs others ) that among the Kings Temporall , the first place was due to the King of France , the second to the King of England , and the third to the King of Casteell . That the English quietly enioyed that place in the Generall Councells of Pisa , at Constance , and at Basil too , although the Embassadour of Casteell somewhat vnmannerly opposed himselfe in the last . Besides , that Casteell , which Title the Spaniard preferreth before all his other to bee the King of , is but lately a Monarchie in respect of England : and that it had neither Earles nor Kings , before the yeere of Grace , 1017. and that those Kings are not anointed . Moreouer , they found that the King of England , is reckoned the third amongst those Kings that are titled , Most Illustrious , and the Spaniard is reckoned the fourth . Also that Pope Iulius the third , Bishop of Rome , gaue sentence for Henry the seuenth of England , against Ferdinand King of Casteele . Also , that the Queene of England is more ancient both in yeeres and Reigne , and therfore before the Spaniard , by their owne argument at the Councell at Basil , vsed by the Spaniard against Henry the sixt King of England . Lastly , the Lawyers with one accord generally pronounced , that , that Precedencie , whose Originall exceeds the memory of man , is to bee reckoned as constituted and so ordained by Right . Besides they obserued , that in the first Session of the Councell of Trent , vnder Pope Paul the third , when there was one and the same Embassadour of Charles the fi●t , Emperour , who was also King of Spaine , and that that Embassadour tooke place of the French , by reason of the Emperors right ; that , since the Spaniards haue arrogated to themselues the prioritie , not onely by the vertue of the Emperour , but as they are Kings of Spaine , because none euer contradicted it . And at that time , the English found great want of discretion in the French Embassadour , because hee contradicted them not , and made no publike contesting with the Emperours Legate , if so be he had made , as he tooke place of him in right of the Spaniard and not the Emperour . Besides they noted , that the Spaniard by reason of his large & vast dominions spread far and neere , by reason of his power ouer other Princes , and his Merits from the Church of Rome , of whom hee well deserues , and by reason of prioritie before the French , stolne in the Councell of Trent , would challenge his higher place to himselfe . But let vs omit this . On the day appointed , at Bolonia , came for the Queene , Henry Neuill the Leager in France ; Iohn Herbert , newly made one of the Secretaries . Robert ●eale , Secretary to the Northren Councell , and Thomas Edmunds the Queenes French Secretary . For the Spaniard , came Balthasar Ds. de Z●niga Fonseca , one of the priuie Councell , and Embassadour in the Low-Countries , Ferdinand Carill , of the order of S. Iames , and Counsellour to the King at Casteele . For the Arch-Duke came Iohn Richardot , President of the Councell , and Lodouike Verre-Kei●e , chiefe Secretary . The Instructions of the English , were , that before all thing● they would haue great care to the kingdome , and the Queenes honour , safetie , and profit . As concerning the Honor , that in no case they giue the more Honourable place to the Spaniard , but directly , modestly , and from the foresaid arguments challenge it themselues . If so bee the Spaniard would not condescend , that then the English should not altogether preferre Honour before Profit , but propose some meane and equall debatement ; as this , to cast lots for the prioritie of going or sitting first . Then , as concerning the safety and profit of England and the Queen , that they should haue a care that no cosenage or deceit be put vpon England , or the Low-countries in their trafficks . That the English may haue libertie to trade at the Indies ; by reason that was granted before in the Treatie 1541. in all the dominions of Charles the fift ; but especially in those places where the Spaniards are themselues seated and peopled ; also to trade with all the Indian Princes that are vnder the Spaniards gouernment . That first the Spaniard should propound their Conditions , because they inuited the English thither to a Treatie . That they should not speake a word of the Rebels and Run-awayes , ( who according to the ancient Leagues made with the Burgundians , were to be driuen out on both sides ; and restored againe to those with the French. ) But if so be , they should propose that , that they should tell them that there are no Low-countrey men in England , besides the Merchants and handy-crafts-man ; but , that in the Low-countries the English are hired with Pensions to breed stirres and commotions . The Copies of their Delegation , being on both sides exhibited to each other ; the Spaniards tooke exception at that of the Queenes , against the Epithite , Most Illustrious , in the title of the Arch-Duke , who being as they said , descended from Sacred Emperours , and was both sonne in law and brother to the King of Spaine , and was also the husband and head of the most Puissant Princesse Isabella Infanta , eldest daughter to the Spaniard , was well worthy to bee honoured by all Princes with the title of most Puissant . The English answered , that an Arch-Duke ought not to bee equalled in Honourable Titles with a King : besides , that hee was no otherway titled then Most Illustrious , in the ancient treaties betweene Philip the Arch-Duke , the father of Charles the fift , and Henry the eight . The Spaniards answered , that it was no wonder , if that title onely were giuen to him , when the very same and no greater was also giuen to Henry the eight himselfe . On the other side the English found these faults in their King : that the forme of their subdelegation was wanting , that it was much obscured by the intermingling of other Commissaries : that it was sealed but with a Priuate Seale , when the Queenes was sealed with the Broad Seale of England : Lastly , that this clause was wanting , that the King should ratifie whatsoeuer was concluded vpon . They answered , that their formall subdelegation was comprehended in those words , Par trattar y hazar trattar . That there is no such name in Spaine , as the Broad Seale , and the Priuate : but that this was their Kings owne hand-writing , in the presence of the Secretary , and signed with the publike Seale of the King and Kingdome ; and that lastly , by these words , Estar y passar , y estare y passare , all was Ratified . Within some few dayes after , the English desired that they should meet ( for as yet they had onely dealt with the Arch-Dukes Delegates , by writing ) also demanding the prioritie of the place for the Queene : the Spaniards being angry somewhat with that , that the English should first challenge the first place , as if in such affaires , Le premier demaundeur , estoit le vaincueuer . They answered , that it was newes for the Kings or Queenes of England , to stand vpon the tearmes of Equalitie with the Catholike King ; but that it was vnheard of to speake of Prioritie . The English answered , that the Precedencie of the Kingdome of England was very well knowne to all the world , and strengthened with good and sound reasons ; and that besides , the Embassadour Resident for the Queene hauing a double power ought to be preferred , before him that comes onely with the bare title of a Delegate . Edmonds was very earnest , and assured them that before hand hee had informed Richardot , that the Queene would not lose her Prioritie , and when hee vrged him to answere , he indeed denied it not , but said , that he would answere him when they met together ; and , that hee did not thinke that the Treatie should haue broke off for that matter . After this there were inuitations on both sides to their priuate houses , vnder the pretence of familiaritie and talke together , but indeed to worke them out of the conceit of the Prioritie . But this effect was well enough shunned on both sides : although the Low-Countrey men had enough to doe to mollifie the Spaniards a little , who would not endure to heare , that the Catholike King should once acknowledge the Queene for his Equall ; for because , that thereby he must necessarily acknowledge the French his Superiour ; being it is on all sides confessed , that England yeelds prioritie to France . The English still doe continue strong in their resolution , defending their ancient priuiledges , saying , that the Spaniard hath no cause to bee angrie thereat ; For he that vseth onely his owne Right , not a whit preiudices another mans : and that there was no reason why the Spaniard should not acknowledge the Queene as his Equall , since shee is as Absolute a Monarch as hee is , and hath as ample , if not more ample Iurisdiction in her Maiesties Kingdomes . Afterwards Edmonds was sent ouer into England , & returned with these Instructions , to their Demands : If there bee any equalitie in the Prerogatiue of honour , that is not deceitfull or preiudiciall to the Queene , let it be admitted ; and that they should not so strictly stand vpon their first Instructions . That the Peace should be perpetuall both to the partie now contracting , as also the further Succession for euer . That there would be no mention of T●uces . That traffiques and trading should be recalled to the state wherein it was in 1567. That there should be a Couenant made , that no ships be stayed without the consent of that Prince , whose subiects those ships are . That they should no way admit of that the Spanish men of warre should come into any Hauens of the Queenes . That if the traffique into Indie were denied , they should not stand vpon it but passe it ouer ; as the French did at the Treatie of Cambray , and at Ve●uins : and so euery man should venter thither on his owne perill ; for by admitting of any Restriction or Limitation , the voyages of many thither might much bee preiudiced . That , as the French did in the Treatie at Bloys and Veruins , they should hold their tongue in the matter of Rebels and Run-awayes : That they should promise that the English Garrisons in the townes pawned to her , should onely defend the said townes , and not warre against the Spaniard . And that they should enforme them , that the Queene had fully resolued that her Subiects might haue free ●rading in the Arch-Dukes Prouinces : and that the English seruing now the States , should not be recalled againe . Lastly , that they should fit themselues to Time and Place , and to businesses accordingly , which sometimes giues better counsell to the men , then the men can to them ; also ; that they should carefully obserue to what end this Treatie tended , whither or no , it were to keepe the Queene in suspence , whilest they either inuaded England or Ireland : or whether it were not to draw to themselues the Vnited Prouinces , and dis●oyne them from England . In the meane while the Arch-Duke , being somewhat molested with his great warres in Flanders , complaines , that succour and Subsidie was sent by the Queene to the States , and that ships were rigging for the Indies . The Delegates made answere , that they knew not of any such matter ; but if it were true , that this was no Innouation of new stirres , but a continuation of those things that were begun before the Treatie ; and that therefore they must bee borne withall patiently , till such time as the peace be concluded : Blaming the Spaniards againe , that publikely they had furnished the Rebels in Ireland with prouision and money ; that hee had receiued of them Hostages , and promised his succour : that these things were to be seene extant in the very letters themselues of the Spaniards , which were sent ouer to curry fauour from the Queene to the Rebels , and could presently be produced . Besides , that that was a plaine innouation ; For his Father neuer assisted them but secretly , if he did that . Whilest these things were in controuersie , and suspition on either side daily increased , that the peace indeed is propounded , but a worse thing treacherously intended , The Spaniards declare , that their Master the Catholike King , would in no case grant the Queene Prioritie ; or admit of Equalitie : and that hee had peremtorily commaunded them , to dissolue the Treatie . This indeed much troubled the Delegates both of the Queene and the Arch-Duke : and the English , rather then the Treaty should be dissolued , propounded , that omitting that question of priority , they might treate with them by writing , conferences , or mess●ngers betweene . They againe on the other side , proposed , that if there were a meeting ordained in Holland , and the States would also meet there , that they would treate with them in any place of Holland , so it were not vnder the Queene ▪ Or , if it should please them to meet in any place of the Spanish Dominion , that they would entertaine the English thither , as euery one would a stranger , at his owne house . Besides , it was also propounded , that the Treatie should be onely prorogued for threescore daies , and not absolutely dissolued , that in meane time , euery one might endeauour for this peace , if it shall please both the Princes . But this was all in vaine ; for the Delegates of the Spaniard and Arch-Duke post home in all haste possible : and the Queene forthwith recalled hers againe , protesting before-hand , that out of her sincerity she did omit nothing to her knowledge , that was or might be required in any Christian absolute Princes , which tend to a true peace , strong , and perpetuall , the better to spare the effusion of Christian bloud ; as appeares in that after shroward suspition of no faire dealing , by reason of aide sent by the Spaniard into Ireland , she at their request sent her Delegates to this Treatie ; where , seeing no reason that she should giue priority to the Spaniard , as she before intimated to them by Edmonds , she was content with equality : and if that were denyed , she refused not to treate either by writings or Mesfingers betweene both parties . And so expired this Treatie at Bullen , after three moneths . The States in the meane hauing all things according to their hearts desire , were so farre from desiring peace with the Spaniard , that at this very time they consulted to bring to their obedience the Sea-coasts of Flanders , to secure their Sea voyages the better , for Spinola's Gallies molested their Seas sorely ; and also to free Ostend , which was onely brought into distresse with Castles being planted round about it . These things seemed very easie vnto them , considering the weaknesse and affliction of the enemy , and the reuolts and seditons amongst their old Souldiers . Wherefore hauing pressed fourteene thousand foot , and three thousand horse , vnder Maurice of Nassaw , to whom some of the chiefe of the States themselues adioyned them too , determining to land at Ostend . But the winde being crosse , they were faine to land at Philippine in Flanders , by flat bottome boats , drouen on shore by the tide ; and there they spread abroad the terrour of them so farre and neere , that those in Garrison in the way , and those in S. Alberts Fort , yeelded themselues euery where neere to Ostend , whither they also came eight daies after , hauing waded ouer an Arme of the Sea to Newport : the next day after , in their consultations about pitching their Campes , comes newes to them , that the Arch-Duke with seuen thousand foot , and one thousand horse , came flying vpon them ; who indeed , night and day following them , re-got most of their Fortresses againe , and ouer-run eight hundred Scots , that lay in his way , and brought his weary Army almost as farre as Newport . There it seemed good to the Spaniard to pitch a little , and recouer S ● . Alberts Fort , and by making a trench hinder those of Nassaw's Army from prouision of all sorts . But the Arch-duke some what couragious by reason of his late-happy successes , scorned that deuice , as vnworthy the very thought of a true Souldier . On the otherside Maurice as quicke as he , prouideth himselfe for battaile , committing the Troupe on foot to Sir Francis Vere , ( as Vere himselfe in his Commentaries and obseruations reports ) and the Troupe of horse to Lodowicke Nassaw : but it pleased all of them to wade backe againe ouer the arme of the Sea , as soone as they could . Vere would not suffer any of his men to put off their clothes , saying , that shortly they should not either haue need of clothes , or they should get better . Then hee chose out a fit place for battell , which was a narrow Plaine betweene the sea and the sand hills : the sand hilles on either side , being somewhat higher then ordinary . In the highest of them he placed of the English 1500. and 2500. Musketteers of the Frisons . Then Maurice propounded , whither or no it were best to march on and meete the enemy , or expect him still there . Many thought it best to march on , that so that might fright them , and bring backe victory : and that by expecting them , they should but weaken their courages and increase their enemies , who had opportunitie now to stop their passages of victualls to them . But for all that , Vere was on the contrary opinion , that the enemies armies being so suddenly mustred , was not so prouided with victualls and all kind of prouision , that it could long continue in a region wasted away with continuall warre ; That the difficultie of stopping their victualls was least of all to be feared , by reason that they had store enough in the Ships , and the Seas lying so open for the conueniance of more prouision vnto them . Also , that the enemy being wearied with the ascents and descents of hils & vallies , and with the extreame heat of the Sun , would easily be vanquished by their fresh Forces . Maurice embracing this counsell , there made a stand : and chose some elect Bands to stop the breaking out of the Garrison of Newport vpon them : and whilest the Arch-Duke takes one or two houres for deliberation , whither or no hee should make a stand there , to refresh his Souldiers , and expect his troupes that were to follow , hee lost both opportunitie of time and place . But yet for all that , being as full of hope as courage he marches forwards ; and seeing that by reason of the tide comming in , there was but small roome for his Horsemen , and that hee must necessarily bend towards the Sand Hilles , on set purpose hee set foorth one of his prisoners or captiues , that to put them in a flight , cried out that the Scots were all murthered , and that there was no fighting now ; but yet his mouth was quickely stopt . Vere , seeing the Arch-Duke drawing neere on , willed the Horsemen to be sent out vpon him , but the Master of the troupes of Horse would not suffer them . Wherefore Vere , hauing assaulted them with Shot of his great Peece of Ordnance , droue them to the mountanous Sandie Hilles , where they tarried for their Footmen , who comming alone by the shoare , thundred vpon the Nassouians with their Ordnance . Vere he gets to the top of the Sand Hilles to obserue the motion of the enemy ; and shortly after , by reason of some fiue hundred Spaniards that came to assault them , the combate grew dangerous ; wherein Vere was wounded first in the leg , and then in the thigh : afterwards drawing towards the shoare , his horse fell vnder him , he also lying downe vpon him till he was helped by Drury and Higame , and put vpon Drury's horse ; and in good time , for the enemy was neere hand . Vere coming th●ther , found his Brother Horatio with three hu●dred foot ; where he commanded the Ordnance to be discharged vpon the enemy , his Squadrons , and that of Baely to set vpon them , and his Brother Horatio to be at hand with the foot ; who all so violently beat vpon the enemies with their shot , that they droue the enemy to flight . Many in the flight were slaine ; in all about nine thousand . There were taken the Admirall of Arragon , Vigilare , Sapena , and many more of great note , and Nobility . The Arch-Duke himselfe was sore wounded , Duke Aumale also , and Alphonsus Dauales Master of the Campe , Rodericke Lasso , and many more . But let the Writers of the Low Country affaires report these things at large . It is enough for me to speake this out of Veres owne obseruations , who hath left to vs to consider what the valour of the English was , amongst one thousand fiue hundred of them that there were but eight hundred slaine and wounded , and eight Commanders lurking , and all but two wounded . The Spaniards were very loth to attribute their losse to the valour of the English , but were contented rather to impute it to the greater number of them ; or to their toilesome wearinesse , by reason of their exceeding long iourney : or to the Sunne , or the winde that blew the dust and sand in their eyes : or to the lasinesse of their owne Horsemen . Amongst the English , they that best deserued in this seruice were Francis and Horatius Vere brothers , Edward Cecill , Calisthenes Brookes , Thomas Knolles , Daniel Vere , Iohn Ogle , Yaxley , Fairfax , Valuasour , Holcroft , Denis , Tirrell , Hammund , Sutton , Foster , Garnet , Morgan , and Scot. In this yeare also , as in the former betweene the English and French , on both sides complaints were heard concerning Prizes , which were become very many by the mutuall insolence of their Pirates , but by the care of Thumer Boisisse a graue man , and then French Embassadour . IT was agreed on that the Subiects of both Princes should be mutually protected in the lawfull exercising of Merchandize , according to former Treaties , that sufficient heed might be taken concerning the sending out of Merchants ships , and others , with warlike prouision and Letters of M●rt , to wit , with double quantity of furniture and victuals , but of the single prouision of those ships without Letters of Mart ; also that the Officers of the Admiralty should be bound to answer for all iniuries happening by their fault , if they had receiued none of a lesse conuenient charge : That care should be taken for the costs of Merchants : That if possible their cause may be dispatched within six moneths : That in actions legally ●egun , hereafter might be pronounced soundly : That sureties shall onely discharge the stipulation , satisfying the Creditor , if iustice be denied three moneths after the demand of the Prince or Embassadour there re●ident : That Letters of Mart shall be gra●ted : That no Armour or warlike munition of any sort be transported into the Spanish Dominions , if any thing be taken or detained by the Kings Subiects , the randsome not payd : That care might be taken by both Princes , that in due time the iust randsome may be payed : That ships sent forth by the immediate command of the Prince , or assigned by the gouernours of the Kings Nauie to publique warres , may be accounted the Kings ships , if any thing be by them committed , that either Prince take care for the administring of iustice : That Letters of Mart be n●t onely suspended , but on both sides called in : That Pr●clamation be made that neither diuision , transpartation , or alienation of taken goods be suffered ▪ That no man may either by them receiue them , or conceale them , vnlesse by the I●dge of the Adimralty they be thought a lawfull prey : That Pyrats should not be receiued into Cities , Ports , or Villages , or suffered to tarry not laid hands on , and bound ouer : That they be present vpon paine of lawfull punishment , and make restitution notwithstanding , with this protestation : That these things be not otherwise construed , but if any thing be repugnant to ancient Leagues , that nothing be vnderstood derogatiue from them , but because of the iniury of these times , That there may be better heed taken against the depredation of Pirates : That this may be taken onely by the way of prouiding , vntill a larger Treatie may be held concerning these seuerall Articles , for the commodity of each Prince . Controuersies also arose concerning the new impositions put on English Merchandize , contrary to the Treaties of Blois , concerning English cloath deceitfully made , not without the discredit of our Nation , the Queene also requiring the money she lent to the French King , and part of it was repayed withall tokens of thankfulnesse . Not onely in France arose a fresh controuersie , but also in Denmarke , concerning the traffique and their fishing on the shore of Norway , and by Island . In the former yeare the Danes being angry with this fishing and the English Piracy , suddenly set vpon the English of Hull , fishing not farre from Norway , confiskated their ships and goods to a great value , and put their Marriners to the racke , hauing caused this punishment to be denounced two yeares before in England , with an interdiction of fishing . These things ( the cause vnknowne ) the Queene tooke heinously , and as proceeding from an enemy , who neither respected her person , or Subiects , or his owne ancient League she mediated for the men of Hull , in Letters sent by Stephen Leisere , and Thomas Ferrar , acknowledging that Whitfield and Bernicke had verbally pretended , that that fishing by Island , and Norway , was vsed of the English , contrary to their League , but of this , that they had shewed no proofe ; she taught also , that many priuiledges of fishing were granted to the English by the ancient Kings of Norway , before the coniunction of Denmarke and Norway , and that the same were confirmed by Iohn and Christianus Kings of Denmarke , which was affirmed out of the Treatie with Iohn , that licence of fishing from seuen yeares to seuen was to be asked ; she answered , that it had beene omitted many yeares of them , that the Danes were in fault , not the English ; for vntill the expulsion of Christierne their King , in the yeare 1521. this licence was asked ; since then , that neither Fredericke the Kings great Grandfather , nor Christian the Grandfather , nor Fredericke the Father had enacted it , who in the yeare 1585 promised by his Letters , that if the English abstained from iniury , they might enioy the liberty which formerly they had without any asking leaue ; wherefore that now the English were vniustly dealt withal , since that of late they had not refused to aske licence from seuen yeares to seuen , as before also the most famous Lawyers had iudged the Sea to be common , not to be interdicted of any Prince by the Law of Nations . To let passe many words , the Queene required the whole matter should be referred either to Delegates on both sides , or to the Elector of Brandenburgh the Kings Father in Law , the Duke of Mekelburgh , Henry Iulius the D. of Brunswicke , Vncle to the Kings Sister . But when neither Stephen Leisiere , nor Ferrar , nor Nicholas Crage a learned man , the one sent into England , the other into Denmarke , could compose the matter ; at length it was agreed on , that Delegates should be sent to Embda , thither the Queene sent Embassadours Richard Bancroft Bishop of London , Christopher Perkins , and Iohn Swale , who might parley with the Delegates of Denmarke . But when they came not at the appointed day , whether hindered by the winde , or some other errour , the Danes alleaging , that the time of their Delegates was out , went home , or as some thought , because they wanted victuals , for the Danes giue to their Embassadours Captaine victuals , not mony as other Princes , neither could endure to heare that they should require the prolongation of that authority . Hence the English complained of the Danes , as men proposing nothing else to themselues , then that things should remaine as they were , to wit , that they might exact new tribute daily in the Oresund Sea , that by new decrees they might confiscate their ships and merchandize , that they might hold their fishng in the Northerne Sea , and then saying through the same into Moscouia : notwithstanding about these times ( for the better furtherance of Nauigation , the Trades increase , and the Kingdomes honour ) the Queene instituted the Company of East Indie Merchants , giuing to them great priuiledges , they sent thither with three ships , Iames Lancaster ( of whom we before haue spoken ) that in the yeare 1594. he ouer came Fernambucke in Brasil . Since that time ( and not vnluckily ) they sent euery yeare a small Nauy , and to their Kingdomes honour erected Markets in Lurat the great Maguls Country , in Mossolupatan , Bantan , Patane , Siam , Sagad , Mecassar ; also in Iapan , crushing by happy victories aswell the insolent enemy , as the Turkish falsnesse : but whether so great a summe of money daily transported hence , and so many Marriners wasted be for the common good , let wise men i●dge , and posterity perceiue . While the Queene thus prouides for her Subiects inrichment , Clement the eight Pope vnderstanding her to be well in yeares , for the better restoring of the Roman Religion to its former height in England , sent thither two Breues , one to the Clergy , the other to the Laity , in which hee admonished , that they should admit no one to the Scepter after her decase , how neere a kinne soeuer , vnlesse he were one who would not onely grant a toleration of the Romish Religion , but also with his best indeuour further it . To the doing of which he must binde himselfe by an oath , after the manner of his predecessours , but the contents of these were as sparingly reuealed as they themselues closely sent , notwithstanding hence was the originall of the monstrous powder-plot : and as these Breues were sent from Rome to England , for the easier excluding of King Iames , from his inheriting England ; so at the same time was prepared in Scotland a deadly Sword by the Rethuens Brothers , who in reuenge of the lawfull punishment inflicted on the E. of Gowry their Brother , in the Kings minoritie appointed the same good King to die , treacherously seducing him to their house , and they had not come short in the performing of this designe , had not the Protectour of Kings by these instruments , the Kings fortitude , the loyall endeauour of Iohn Ramsey , and Thomas Areskins made themselues the authours of destruction on themselues , for they were made aswell partners in death , as in that plot , and by decree of the State their goods confiscate , their house made leuell with the ground , themselues quartered , and the Quarters hung on stakes through the Cities , and as many as had to their surname Rethuen were commanded to leaue it , for the better obliterating both of name and memory , let it not be accounted fraud in me to relate their punishment , since other Writers in this matter haue beene profuse about this Prince : through England arose great complaint of the scarcity of victuals , which also increased by reason of the moist constitution in the heauens , at the end of the former yeare , the vernall cold of this , and the priuate auarice of some , who by the abuse of an obtained licence transported great store into other Nations . Hence the people moued no lesse with opinion , then if they had had more rationall proofes , by Libels railed on Buckhurst the Treasurer , as if he had granted the licence , but hee not lightly regarding these things repaires to the Queene , from whom by Proclamation his innocence was testified , a fault transferred on the Hucsters of Corne , the Libellers apprehended and punished . But such is the querulous enuy of the people , that they complained the more , and lashed him by priuate backe-bitings , as if he had acknowledged it . And now Essex hauing beene vnder the Lord Keeper of the great Seales custody this halfe yeare , began ( mooued thereto by his naturall inclination to goodnesse , and by this physicall affliction , and many of his friends , especially Henry Howard ) began , I say , to come to a better minde ; also determining to send away far from him those turbulent spirits that suggested him to all that was naught , Gill Mericke , and Cuffe ; he himselfe putting on such piety , patience , and modest humility , that all his friends hoped well of him againe , and his enemies enuied thereat . The Queene in short time being pacified with his humble and submissue Letters , commanded him to keepe onely his owne house , vnder the free custody of Richard Barckly ; withall protesting , that these her punishments were not entended for his ouerthrow , but for his amendment . But the common people altogether pleading for his innocency , & thinking him shrewdly wronged , it seemed good to the Queene to eschew all kinde of seuerity , iniustice , or preiudice to her or her Councel , that his cause should be heard , yet not in the Starre Chamber , lest he were too seuerely punished , but onely priuately in the Lord Keepers house ; the Iudges thereof were allotted , the Councell-table of the Queene , foure Earles , two Lords , and foure Iudges , that thereby he might onely be censured alike , but with no marke of treachery , or treason . The summe of his accusation was , that hauing no such authority in his Commission he made Southampton leader of the Horse ; that he knighted many ; that he drew his forces from Tir-Oen , whom he should haue prosecuted into Mounster ; that he had priuate conference with Tir-Oen , to the violation of the Maiesty of the Queene , and the honor of the the Deputy himselfe , and that this conference was the more suspected , because it was priuate and secret . These things the Lawyers sorely aggrauated , bringing in also abrupt sentences of his , out of Letters writ by himselfe some two yeres before , the Copies whereof were dispersed by his followers vp and downe England ; such as these . THat there is no tempest more raging then the indignation of an impotent Prince . That the heart of the Queene is hardened . Cannot Princes erre ? Can they not iniure their Subiects ? I doe know my dutie as a Subiect , and I know my dutie as Lord Marshall of England . Out of these sentences they argued , as if he had thought the Queene very weake , or voide of reason ; that hee had compared her to Pharao's heart that was hardened ; that she now cared neither for truth or iustice ; and as though hee ( besides his allegiance ) owed neither loyalty or thankful●es vnto the Queene ; also they obiected some petty matters vnto him , by reason of a Booke concerning the deposing of Richard the second , which was dedicated to him . The Earle kneeling vpon one knee at the boords end , gaue great thankes to God for all his mercies bestowed vpon him , and to his most mercifull Queene , that cited him not to the Star-Chamber , but would haue that cup passe by him , ( as he himselfe said ) within these priuate wals . Therefore professing that he would in no case contest with h●r , or altogether excuse the errors of his weaknesse , or his vnconsiderate youth ; protesting withal , that he was alwaies a Subiect very loyal , & that he not so much as thought that , that might enfringe his loyalty ; also , that in all things he meant well , although perchance it fell out otherwise , and that now he had taken lea●e of the world . Then shedding many teares , he forced most of the standers by to accompany him in that dolefull collachrymation ; yet he could not containe himselfe , but hee must needs excuse his errour , in making Southampton Master of the Horse ; which he did , he said , being erroneously perswaded , that the Queene would admit of those reasons he could giue her for it : but that , when he saw she would not admit of them , he casheared him from that authority . The reason , he said , that he knighted so many , was to retaine with him more Voluntaries of the Nobler sort . That the war in Mounster was vndertaken by the vndiscreet opinion of the Irish Councell , but that the chiefe of them , now , O●mond was strucken with blindnesse , and Warham of S. Leager with a cruell death . As he was going forwards , the Keeper interrupted him , admonishing him , that as he had begun , hee should betake himselfe to the Queenes mercy , who indeed desired not to finde him guilty of treason , but onely of Disobedience , and contempt , and that he should not carry a shew of obedience before him , but shew his obedience indeed . That by extenuating and lessening his offence , he would seeme the more to extenuate the Queenes mercy . That it sounded very harshly for him to shadow his disobedience , vnder a desire and will of obedience . It were needlesse to repeat what euery man said , when as they said little or nothing , but what had beene before said in the Starre-Chamber . Wherefore at length the Lord Keeper pronounceth this sentence ; That he must be degraded of his office of one of the Councellours , and suspended from his office of Earle Marshall , and Master of the Ordnance , and remaine in custody during the Queenes pleasure . These things euery one approued with his consent , and many notwithstanding conceiued great hope of his recouery and restoring to the Queenes fauour , in that the Queene expresly commanded that be should not be suspended from being Master of the Horse , as if she had intended to haue vsed him againe , and withall , in that she would not haue this censure past vpon him registred . These hopes , many that obserued the consequent euents and dispositions , both of the Queene , the Earle , and his enemies , probably encreased the same by this meanes . That the Queene was borne to clemency and quietnesse . That in her wisedome she knew that mercy was the pillar of her Kingdome . That she both would and could shew mercy , & yet with discretion . That she would not driue so great a man into despaire . That she would not , that any one should perish , that was any commodity to the Common-wealth . That she had squared all her actions hitherto to the rule of iustice . That she intended not the ouerthrow , but the amendment of the Earle . That such a word of a Prince was an Oracle ; and as in God nothing is that admitteth a contradiction , so neither in Princes . Besides , that she , like Mithridates , hated the malicious that raged against vertue forsaken by good fortune . That whom she loued once , she loued to the end . That many hauing more heinously offended , haue recouered , or yet not quite fell from her fauour ; as Sussex , concerning the Irish treason . Norfolke not obseruing his Commission in the siege of Lethe . Bacon hauing written a Booke of the succession of the Kingdome . Henry Arundel , Henry the Father of Southampton , and Lumley , for secret conspiracies with the Q. of Scotland . And Croft for priuate conference wit● the Prince of Parma . Walsingham for surprizing the K. of Scotland by Gowry , vnknowne to her , or her Councell . And Leicester concerning the affaires in the Low Countries . These all were accused , and yet recouered again her fauor . But indeed , for the Earles of Northumberland and Westmerland , that they were iustly executed , for conspiring the destruction of this Kingdome with forreine Nations . As also Norfolke who sinned against his oath of allegiance , afterwards againe , by going about a marriage with the Queene of Scots ; and by concealing those things which he knew she dealt about with other Nations ; and by ayding the Scots that were proclaimed publique enemies to England . Also that the Queene of Scots indeed died , for all she seemed safe by the priuiledge , and prerogatiue of her iniunction , in that she tooke such sinister courses for the working of her liberty , that she endangered the safety of the Kingdome : and when no better physicke could be giuen the common-wealth to maintaine its life , then her death . But then , they considered , that no such matter was obiected to the Earle , who onely hauing sinned out of ignorance , was free from treason , both by the sentence of the Queene her selfe and her Councell . The Queene all this while ( to call him backe from despaire ) not preferring any of his noted enemies in the time of his oppression , although they much affected higher dignities . Then they argued from the noblenes of the Earle ( for a far off he was of the bloud Royall ) his vertues , and the choice of the Queene of him from amongst many into her fauour ; that he suffered euen a box on the eare at her bands ; that he deserued exceedingly well of his Country , at home and abroad ; that there was not any one better instructed in the arts of a Commander , or to mannage a warre , or frustrate the violence of an approaching enemy ; that there was not one more beloued of the people that could appease any tumult if it were once raised , and that could discreetly gouerne the affaires of the Realme ; and that he was one that was most worthy of the Queenes loue and fauour ; that the seuerity of the Queene , if she should exercise it against one so well deseruing , would also concerne the rest ; that nothing doth more ioy the hearts of our enemies , then to see those ill dealt withall , who are more famous then the rest , and indeed innocent ; that the Earle had no greater enemies then his owne ornaments ; and that his aduersaries complained of nothing in him , but his greatnesse . Then they argued from the diuers intents of his aduersaries , who although they all meant ill , yet vsed not the same meanes . Some of them when he was cited in the Starre-Chamber , thinking it not best to deale rigorously with him ; that then the Secretary deuised euill practises against him ; that yet such euill-minded men desire more then they dare attempt . Besides , that it was wisedome to vnderstand , that affaires in Court turne not alwaies vpon the same wheele ; that there are periods of hate , of loue , of iealousie , of cruelty and mercy , although we cannot define them . That no man knowes whither or no he be worthy , by to morrow , of loue or hatred . That the determinations of Princes are very intricate . That they are wont sometimes , euen to sacrifice to the people , for the redeeming of their credit , the chiefest of their seruants , as appeares by the example of Empson , Dudley , Cardinall Woolsey , and Cromwell . Let men wisely deeme , that as Princes haue shewen themselues towards others , so they will towards themselues too if occesion shall serue . Therefore , that hence his aduersaries ought to be wary lest they plunge ▪ themselues too deepe in this businesse , and be not able to follow it , lest thereby they doe themselues the greatest hurt , in striuing to burthen him more , that already is too much laden with hatred . Neither that they doe too much exasperate the Queene terribly against so braue a man : for if they doe , howsoeuer men may be amazed at it , yet God will be auenged of them , who being himselfe iust , will in his best time defend those that are vniustly afflicted . So by these perswasions many were of opiniō that the Earle would recouer fauour again with the Queen , both now busiing them selues in consideration how in this doubtfull & dangerous time he might spend his life . First , whether it were best for to put himselfe vpon any free Embasy , and so to withdraw himselfe into some forreine Country , till such time as the weather grew a little clearer for him ; secondly , whither it were better to addict himselfe wholly to a contemplatiue life , that thereby he might lift vp his heauenly minde as his fortunes grow lower and lower . Or lastly , whither or no he should take some mid-way betweene both , being ready prouided for either fortune . The Earle in the meane time made ●hew of his great humblenesse of minde , protesting that , both by words and Letters , he had taken his leaue of this world , that with teares he had washed away from his heart his hot ambition . And that now hee desired nothing more then that the Queene would let her seruant depart in peace , ( for these were his owne his words . ) These speeches so much delighted the Queene , that shee forthwith remoued him from his keeper Barckley , willing him to be his owne man , and if 〈◊〉 pleased , he might goe into the Country . Admonishing him withall , that he make himselfe and his discretion his k●●pers , and willing him not to come neere the Queene or 〈◊〉 Court. Which certainly if he had done , it had fared ●●tter with him , for hee was neuer freer ( to wit ) from euill councels , then when he was at custody . For no sooner had the Earle this sentence of liberty pronounced , but Cuffe ( that alwaies had perswaded the Earle neuer to confesse himselfe guilty , but stand in his owne defence , and not to impaire his honour with a submission ) now comes , and so vehemently nips him for a pusillanimous Earle , and the rest that counselled him to it , for such vndiscreet Counsellours , that the Earle commanded him to be cashiered out of seruice ; but yet Mericke his Steward that was of the same opinion with Cuffe , fulfilled not the Earles 〈…〉 The Earle being now his owne man , and about to goe into the Country , signifies by Howard to the Queene . 〈…〉 〈…〉 hers , which had been his stars wherby he sailed on happily , and kept his course on at a iust measure . That now he had resolued to repent earnestly , and to say with Nebuchadonozor , That my habitation is amongst the wilde Beasts of the field , that I may eate Hay like an Oxe , & be watered with the dew of heauen , till such time as it shall please the Queene to restore my sence to me againe . The Queene was so iocond at these words , that she would say , I Wish his deeds and words would in iumpe together ; He hath long tried my patience ; and I haue reasonable well tried his humblenesse . Sure I am my Father would not haue borne with his peruersnesse . But I will not looke backe , lest like Lots wife I am turned into a pillar of salt . All is not gold that glisters , &c. Shortly after , Cuffe hauing accesse againe to the Earle , more boldly rings the same things againe into his eares , obiecting to him , that by his confession he had betrayed his owne cause ; and that thereby he had lost more credit then his dearest bloud could buy againe . That Howard and the rest , onely seeme trusty in these petty matters to him , that they might the easier deceiue him in weightier , and resigne him ouer to the prey of his enemies . That all hope of his former liberty was look't vp , and not to be purchased vnder desperation . Admonishing him that therefore hee would bethinke himselfe to take some course to redeeme his credit and liberty , and his friends from seruitude , and the whole Kingdome from the tyrannous gouernment of his notorious enemies . The Earle stopt his eares against any such councell being assuredly perswaded that he should recover his lost fauour again with the Queene , & that gainfull Farme of Sweet Wines , the time of renuing which was now almost expired . The Queene indeed by words and Letters gaue him great hope of her fauour , but concerning the Farme , she a●swered here and there in seuerall places , That first she would see what it was , and that such good turnes are not to be bestowed blindfold . Then shortly after she suffered others to haue the profit thereof , saying , That they must keepe a wilde horse without fodder , that intend to bring him within compasse . Also , she much vsed to recite and commend that physicall Aphorisme , That the more one feeds corrupt and diseased bodies , the more one hurts them . The Earle being inwardly much discontented at the Queenes answere , grew exceeding angry , and giuing ouer his iudgement to the moderation and rule of his extrauagant affections and passions , he then began to giue eare to Cuffe , and any one that would blow the coales of sedition , that now had fully perswaded him , that the Queene , the Councell , and his aduersaries , had purposely resolued to beggar him quite , to make him liue on the Almes-basket , and of the crummes that fell from their tables . And that so being made poore , neglected of the Queene , and forsaken by his friends , he might become the laughing stocke to his triumphing enemies . Hereupon Southampton is sent for out of the Low Countries . And some Diuines counsails in Oxford , demanded , but for what I know not ; and the Earle he himselfe returnes to London . And now S. Christ. Blunt being much discontented that he had brought the Earle into these troubles , ( for he perswaded him to come ouer out of Ireland but with a few with him ) hauing also vnderstood that Hen. Howard had in vaine made intercession for the Earle with his potent aduersaries , admonished him now ( as he himselfe afterwards confessed ) to make his owne way to the Queen , intimating , that besides many of the Nobility would secure him , his ingresse and regresse . But the Earle answered , that that would breed a scruple in his conscience , except he had the fauourable opinion of Preachers thereto . Yet for all that , he sent word to Blu●t by Cuffe , that shortly he would take some order what to do , and impart the same to him , assoone as he had resolued on it . And now the Earle kept open house , Mericke his Steward entertaining at boord all kinde of Souldiers , audacious , and discontented persons , that would not care whom they wounded with their tongues . Euery day there was a Sermon by some precise Minister or other ; whither all the Citizens almost flock't daily ; also Ritch the Sister of the Earle , that hauing lost the honour of her marriage-bed , found the great discontent of the Queene lying heauy vpon her , frequented thither also daily . And if any man thought ill of these things , why he is presently noted as an iniurious person , to the honour and freedome of the Earle . In the last moneth of this yeare died Roger Lord North , Treasurer of the Queenes Court , Sonne to Edward Lord North ; he was a man of a liuely disposition , and his wisedome equall to his courage . We haue spoken of him sufficiently in 1567. and 1574. Dudley North his Heire succeeded , being nephew by the son , and Dorothy the daughter and heire of Valentine Dale , an excellent Lawyer . In his Treasurership William Kn●lles succeeded him . Sir Edward Wott●n shortly after succeeded him , being a man well tried in many affaires of the Common-wealth . THE FOVRE and Fortieth Yeere OF HER REIGNE . Anno Domini 1601. IN the beginning of this yeare the Queene was wholly taken vp with very honourable ●mbassies ; from the South cam● Hamets King of 〈◊〉 ●ingitana ; from the North 〈…〉 Pheod●riw●cke the Emperour of Russia's ; She also very 〈◊〉 entertained 〈◊〉 William the Sonne of 〈…〉 Count Palatine , Duke of 〈…〉 and Virginius Vrsinus the Duke of 〈…〉 and the for he was beholding to him for it . Sir Ferdinando Gorge Captaine of the Garrison at Plimmouth . Sir Iohn Dauis Superuisor or Ouerseer of the Engines vnder him , an excellent Mathematician ; and Sir Iohn Littleton of Fra●kell , wise both in councell and warre ; * if so be all his other behauiours had beene correspondent thereunto . All these ( to auoid suspition ) meeting couertly in Drury House ; there Essex first proposed to them a Catalogue of the Nobility that were all addicted to him ; wherein , of Earles , Lords , Knights , and Gentlemen , he reckoned about one hundred and twenty . After this , he willeth them to consider , and tell him , whether it were best to surprize the Queene , or the Tower , or both together ; and then what they should doe with the City . But it seemed best to them all to surprize the Court , and that after this manner : S. C. Blunt with a choice company should seize on the Gate , Dauis the Hall , Danuers the great Chamber of the Guard , ( where they sit seeing who is highest amongst them ) and also the Presence Chamber ; and then Essex should come out of the Mues with some choice company , and hauing way made for him , come humbly to the Queene , and demaund that shee would remoue from her his potent aduersaries , whom he had afterwards resolued ( as was by some of them confessed ) to cite to appeare before Iudgement ; and hauing assembled a Parliament , to change the forme of gouernment in the State. But whilest these Scottish ●mbassadours , and a seasonable time for this matter were daily expected , suspitions increased daily of him , by reason of a continuall concourse of the Commonalty to Essex house , vnder pretence of hearing Sermons ; as also , by reason of some words that fell from one of their Preachers , whereby he allowed that the great Magistrates of the Kingdome had power in necessity to restraine the Princes themselues . Hereupon , at small inckling of the matter on the seuenth of February , came Robert Sack●ill the sonne of the Treasurer , vnder pretence of an honourable visitation , but indeed , out of a desire of information , by knowing who vsed to come thither , and what they were . Presently after that , is Essex sent for to the Lord Treasurers house , ( where the Councell met ) there to be admonished that he should moderately vse the benefit of his libertie : and the very same day , a litle note was put into his hands , ( he knew not how ) wherin he was warned to looke to himselfe and provide for his owne safetie . But the Earle fearing that somewhat had come to light , and so hee might perchance be committed againe , excused himselfe by reason of some distemper in his health , that he could not come to the Councell . And by this time his resolution ( which had beene foure moneths a digesting ) failed : and he hasteneth againe to some new plot . Wherefore hauing assembled his intimate friends againe , and intimated to them , that some of them would shortly be imprisoned , he propounded to them , whither it were best or no forthwith to seize vpon the Court , or to try what the Citizens will doe for him , and so by their helpe set vpon it : or whither or no they had rather counsell him to fly , and secure himselfe that way . For the surprizing of the Court , they were vnprouided of Souldiers and Engines ; and besides , some affirmed that there had beene lately watch and ward duly kept there ; besides , that to assault the Court , was inexcusable treason against the Queene . Whilest they were arguing about the loue of the Citizens , and some obiected the vnsta●●● disposition of the common people , behold one comes in , as if sent from them , that promised their vtmost endeauours against all their enemies . Hereupon the Earle being somewhat cheerefull , began to discourse how much hee was ●oued in the Citie , by most that were much addicted to his ●ame and fortune ; which he beleeued absolutely to be true , by reason of their continuall murmuring and crying out against his hated enemies . Also , by other mens speeches , he was perswaded that Thomas Smith then Sheriffe of London , who was then Captaine of a thousand trained Souldiers , would be for him vpon all occasions . Wherefore he was resolued ( by reason that such lingring is as dangerous commonly as rashnesse ) the next day , which was Sunday , to come through the Citie with two hundred of the nobler sort , and so to passe to Pauls Crosse , iust about the end of the Sermon , and there to declare to the Aldermen and people the reasons of his comming , and demand of them aide against his aduersaries . If so be the Citizens were backward in the matter , then they would goe on further presently ; but if they were willing to helpe , then with them ▪ to inuade the Court presently , and make way for him to the Queene . So all that night there was nothing but running vp and downe from Essex house , and crying that the Lord Cobham , and Rawleigh laid waite for the Earle of Essex life . Hereupon , on Sunday , which was the eight day of February , early in the morning , comes the Earles of Rutland , and Southampton , the Lord Sands , Parker Lord Montaquile , and almost three hundred more of the better sort . These the Earle courteously entertained , and intimated to some , that there was waite laid for his life , that therefore he had resolued to get vnto the Queene , and tell of his dangers to her , by reason she neuer heares of it from his aduersaries , who abusing her sacred eares with calumnies and false informations , haue engrossed them only to their stories beliefe . To others he signified , that the Citie stood for him , and that therefore hee would betake himselfe to them , and by their assistances re●enge the enemies iniuries . All this while the g●tes 〈…〉 vp , and no man let in , but he that was well k●own● , ●nd no man let out that was once let in . ●et Sir Ferdinando Gorge had leaue and licence to goe to Sir Walter Rawleigh , that expected him on the water , and sent thither for him ; Blunt indeed perswaded them there to surprize Sir Walter Rawleigh , but they did i● not . Now indeed there were some that reported that Gorge made there a discouery of all the matter to Rawleigh ; but that is vncertaine : yet certaine it is that Rawleigh admonished him to take heed , that his absence from his Office at Plimmouth without leaue cost him not imprisonment , and that Gorge againe admonished Rawleigh that he should haue a care to himselfe , seeing that many of the Nobility had conspired against him , and some more that abused the Queenes authority . At this very time the Queene commanded the Lord Maior of London to see that all the Citizens were ready at their doores at her command in an instant ; and to the Earle of Essex she sent the Lord Keeper , the Earle of Worcester , William Knolles Controwier of the Queenes Houshold , Vncle to the Earle , and Popham Lord chiefe Iustice of England , to know of him the reason of such a concourse . They were all let in at a wicket , and their seruants shut out , onely except him that carried the Seale before the Keeper . In the yard there they found a confused multitude of people , and in the midst of those the Earles of Essex , Rutland , and South-hampton , and many more , that presently flockt about the Councell . The Lord Keeper turning himselfe to the Earle of Essex , signified to him , that he and the rest of the Lords with him , were sent newly from the Queene , to know of him the cause of this concourse ; who promised , that if any iniury had beene done vnto him , he should haue Law and Equity for it . The Earle of Essex answered him alowed in this manner ; VVAit is laid for my life ; there were some hired that should murther mee in my bed ; I am traiterously dealt with , and my Letters were counterfeited both with hand and Seale . Wherefore , we haue met here together to defend our selues , and preserue our liues , since neither my patience , nor misery , will appease the malice of my aduersaries , except they drinke my bloud also . Popham spake to him to the same purpose , that the Lord Keeper had said already before ; promising , that if so be he would particularly tell what was vndertaken , or intended against him , that hee would truely and honestly tell the Queene , and he should be lawfully heard . The Lord Keeper being very vrgent with them , that if so be they would not tell their grieuances publikely , they would retire in and tell them , the multitude interrupting him , cryes out , LEt vs bee gone , come ; they abuse your patience ; they betray you my Lord ; the time hastens , come . Hereupon the Lord Keeper , turning about to them , charged them all on the Queenes name to lay downe their weapons . Then the Earle of Essex goes into the house , the Lord Keeper following him , and the rest of his company , that there they might priuately talke about the matter . In the meane time these harsh ●ounds fly about their cares . KIll them , kill them ; away with the great Seale ; shut them vp fast enough . After they had come into the middest of the house , Essex commanding the dores to be bolted , sayes vnto them , BE patient but a little , my Lords ; I must needs 〈◊〉 into the Citie , to take order with the Lord Mayor and the Sheriffes , and I will returne instantly . The Lords of the Councell being shut vp there , were kept by Iohn Dauis , Francis Tresham , and Owen Salisbury an old bold Souldier , and some Gun-men . And Essex hauing almost forgot his resolution by reason of their comming , committing his house to Gill Mericke , issues forth with some two hundred with him , who were not in battell array , or any military order , but onely running for the most part with their Cloaks wrapt about their armes , & Swords : amongst whom were the Earle of Bedford , the Lord Cromwell , and some other Nobles . Hauing come into London he cries out euery minute , FOr the Queene , for the Queene ; there is wait laid for my life . And so going through Cheape-side , he made all haste to Smith's house the Sheriffe by Fenchurch - street . And euer where he saw Citizens without weapons , he requested them to arme themselues , or else they could doe him no good . Yet for all this , in so well trayned a Citie full of souldiers , most popular , and most addicted to him ; there was not one , no not of the basest people , that tooke Armes for him in his defence . At length he got to the Sheriffes house , almost at the further end of the Citie , so fretting and cha●ing in his minde , and so sweating ( although the weather was not then so hot ) that there he was faine to change his shirt . The Sheriffe Smith , in whom his too easie credulity had reposed such great confidencie , presently withdrew himselfe out at a Posterne gate , to the Lord Mayors : and in the meane time the Lord Burghley , Dethicke Garter King at Armes entring into the Citie , proclaime Essex , and all his complices Traitours ; although indeed some withstood it , and offered violence . The Earle of Cumberland , Sir Thomas Gerard Marshall did the like in other parts of the Citie . When the Earle of Essex perceiued that , hee rushes out of the Sheriffes house , and his countenance much changing often , hee cryed out , that England was to be diuided for the Infanta of Spaine , exhorting the Citizens to take armes , but all in vaine ; for the Citizens wealth , if nothing else , would keepe them loyall . But when the Earle saw that not any one tooke Armes for his defence , and that those that accompanied him withdrew themselues away ; and heard also that the Admirall came with forces a-against him , then he began to cast away all his hopes . Wherfore he bethinkes of returning home againe , and by the meanes of the Lord Keeper and the rest lockt vp at home , to procure some hope of fauour from the Queene . But when as Sir I. Leuison with a Band at Ludgate denyed Gorge passage for the Earle , which he demanded , Gorge being carefull of himselfe , in the care of the Councellours , comes and perswades the Earle , that he would send him to set the Councellours free , and then both hee and they might intercede with the Queene for his pardon , whilest yet there was hope , and some comfort , no blood being yet shed , and whilest the Queene might be in doubt of the successe , or the Cities minde in any vncertainty what they should doe . The Earle gaue him leaue , but onely willed that Popham might be set free ; but Popham denying his owne liberty , except the Lord Keeper also were deliuered , Gorge set them all at liberty , and taking Boat with them , came by water to the Court. The Earle now about to returne , findes his way chained vp neerest the West gate of Pauls , and Pikemen , and Muskets set against him , at the appointment of the Bishop of London , vnder the command of Sir I. Leuison . Here first he drew his Sword , and commanded Blunt to assault them . Which he did very manfully , hauing slaine one Wayte , and he himselfe ●ore wounded was taken . There was slaine also Henry Tracy a young man , and very dearely loued by the Earle , besides one or two Citizens . The Earles passage being stopt here , 〈◊〉 hauing his hat shot through with a Bullet , accompanied with a few that left him not yet , ( for most had ) making hast downe to Queene-hith , got Boats , and came home to his house againe by water . Hauing returned , he was very angry that the Councellours were dismissed ; so hee burnes a many papers , lest ( as he said ) they should blab too much , and prepares himselfe for his owne defence , fortifying his house on all sides , and and vainly expecting helpe from the Londoners . Presently after the Lord Admirall comes , and besiegeth it on the Land-side , setting in order the Earles of Cumberland , and Lincolne , Thomas Howard , Lord Gray , Burghley , and Compton , with horse and foot . He himselfe , with his Sonne Effingham , L. Cobham , Stanhope , Robert Sidney , & Sir Fulke Greuile , on the Thames side , seized on his Garden . And now being ready to assault the house , he commandeth them by Sidney to yeeld them vp to him . The Earle of South-hampton demands againe to whom they should yeeld it ; To their enemies ? that were indeed to deserue danger enough . To the Queene ? that were indeed to confesse themselues guilty . But yet , saith he , if the Admirall will giue vs good pledges for our security , we will come and appeare before the Queene . But if not , that they had all resolued rather to lose their liues , then the credit of their cause . The Admirall answered againe , that there ought not to be Pledges giuen , or any conditions offered to Rebels ; but yet certified● Essex , that he should send out the Countesse his Wife , his Sister the Lady Rich , and some other Mayd-seruants , that with 〈◊〉 and 〈◊〉 made a terrible noise within doores . The Earle tooke that for a great courtesie , and onely desired that he might haue an houre or two● respite to fortifie the place where they went out ; which was granted . But 〈◊〉 houre being spent , the Earle finding all his hopes come to a despaire , determined to issue forth vpon them ; which the Lord Sands somewhat ancienter then the rest , vrged also exceedingly , saying still , that the most valiant Councels are the most safe ; that it is farre more honourable to die fighting with Noble men , then by the hand of a hangman . But Essex his minde being as vnconstant as his fortune , began rather to thinke of yeelding ; and gaue notice , that vpon certaine Articles and conditions he would yeeld . But the Admirall denying any conditions , he would not guie conditions , but onely take , and they should be but these . First , To deal● ciuilly with them ; which the Admirall granted . Secondly , To let their cause be fairely and lawfully tried ; To which he answered , that he ought not to doubt of that . Lastly , That during the time of his imprisonment , hee might haue Ashton his Chaplaine with him , for his soules better comfort ; The Admirall promised that he would intercede with the Queene for these things . And so forth with the Nobler sort kneeling downe , deliliuered vp their Swords to the Admirall , and themselues , at ten of the clocke at night . In this assault there died onely Owen Salisbury , and one or two flaine within with the Muskets , and as many of the Assaulters without . The Earles of Essex and Southampton first of all are committed to the Archbishop of Canterburies house at Lambeth , and not streightway to the Tower , because it was late at night , and the water not passable vnder London Bridge . But the next day , or very soone after , by commission from the Queene , they were carried by boat vnto the Tower : R●tland , Sands , Cromwell , M●●taquile , and Charles Danuers , and Henry Bromley , were sent after in more Boats : The 〈◊〉 were all committed to common gaoles . And thus within twelue houres was this commotion at rest , which some called a 〈◊〉 in the Earle , some an errour , others a stubborne 〈◊〉 , and 〈…〉 reuenge . But they that made the worst of it , onely called it an inconsiderate rashnesse , ( the Citizens being as loth to acknowledge a rebellion , as to cause one ) and scarcely was there one that thought it yet , treason . The day after , the Queene by her Herauld commended the loyall care of her Citizens , acknowledging the same with very louing words . Also , then admonishing them that they should maintaine the publike peace and tranquility , by reason that the infection of this new sedition was likely to lurke and breake out somewhere : also , that they should haue an especiall care to obserue if any went about any innouations , either by forcing the mindes of the weake and simple people thereto , or calumniating any of the Queenes Seruants . Vpon the twelfth of February Thomas Lee , Kinsman to Sir Henry Lee of the Order of Saint George , a Commander in Ireland , very intimate with Tir-Oen , and as much deuoted to Essex too , who the very same night , that Essex had refused ( being sent for ) to goe to the Priuy Councellers , profered his seruice either to surprize or kill the Earle of Essex , now intimated secretly to Robert Crosse a Sea Captaine , that it were a braue thing if six tall fellowes at once would set vpon the Queene , and make her by force release Essex and Southampton , and the rest out of prison . These things Crosse hauing betrayed to the Councell , & Lee being sought vp & downe for , was about twilight found about the Priuy Chamberdore , very pale , and sweating , and oftentimes hauing asked whither or no the Queene were ready to goe to Supper , or whether any of the Priuy Councell were there . There being taken , and then examined , the next day being condemned by Crosses witnesse , and his owne confession , he was hanged at Tyburne : and there indeed he confessed that he had beene a very wicked lewd fellow , but in this cause very innocent : protesting that he neuer thought any thing in his life against the Queene . This execution indeed might another time haue beene longer deliberated on , but in these times necessity required such wholesome seuerity . And well was it , to shew how they would punish treason , though perchance they hanged no traitor . And now presently after , all their assemblies and consultations at Drewry house , were reuealed by one of the conspiratours , enticed it is likely with hope of his life : but who it was , certainly I cannot tell . And this , when the rest being examined , perceiued to be found out , thinking also that all was knowne , and counting it a foolish secrecy to conceale that which was already knowne , hoping for no benefit of concealing , reuealed all . Hereupon Essex and Southampton , who thought that all was safe enough , were arraigned the 19. of February at Westminster , before the Lord Buckhurst , Treasurer of England , Lord Steward for that day : Their Peeres were the Earles of Oxford , Nottingham , Shrewsbury , Darby , Worcester , Cumberland , Sussex , Hertford , and Lincolne , Viscount Howard of Bindon , the Lords Hunsdon , De-la-ware , Morley , Cobham , Stafford , Grey , Lumley , Windsor , Rich , Darcie of Chech , Chandoys , Sir Iohn of Bletnesh , Burghley , Compton , and Howard of Walden , which was then Constable of the Tower of London . Besides Popham Lord chiefe Iustice of England , Periam Lord chiefe Baron of the Exchequer , Gawdy , Fe●ner , Wams●ey , Clarke , and Kingsmill . These all being called by name , Essex demanded if it were not lawfull for him , as it is for a priuate man in the like case , to take exception against any of them . But the Iudges made answere , that the credit and truth of the Peeres of the Kingdome of England is such , that in any Law-case , or iudiciall causes , they can neither be put to their oath , nor yet excepted against . Then are they ioyntly demanded , wherefore they intended to dispossesse the Queene of her Throne , and take away her life from her , which they intended in their resolutions of assaulting the Court , of breaking into an open rebellion , and of imprisoning the Priuy Councellours , of stirring the Londoners to a rebellion , and of setting vpon her Maiesties trusty Subiects in the City , and by defending their houses against the Queenes forces . They being demanded whither or no they were guilty of these crimes , denied : and submitted themselues to God and their Peeres . Eluerton at large vnfolds the matter , shewing that it is to be reckoned as treason , euen to thinke any thing against the Maieste of a Prince . Then he compares Essex with Catiline , by reason that he heaped together in his rebellion men of al● sorts , Atheists , Papists , and the wickedest that were . Then he casts in his teeth the liberality and goodnesse of the Queene towards him , that had bestowed vpon him ( an vndeseruing young man ) such vntimely honours , accusing him for abusing them by hunting after popularity , and the loue of Souldiers , in an vnsatiable ambition of glory , which neuer stinted , but still like the Crocodile growes as long as it liues . Then he shewes , that he much wonders that the Earles would pleade not guilty , when all the world could giue euidence of their offences . Sir Edward Coke Solliciter , shewes them out of Fitzherbert an English Authour among the Lawyers , that the very inward thought of any villany against the Prince , was indeed treason ; although not to be iudged so , till it brake out into Word or Act. Then he shews that they intend the destruction of the Prince , who run into rebellion , who draw together an armed Band , who being commanded to dismisse them , refuse ; or who thinke of bringing the City , the Tower , or the Court , or the Prince vnder their owne power . Then hee runnes thorow all the graces and fauours of the Queene bestowed vpon him . That she had made him Master of the Horse , and warlike Engines . That she had chosen him into her Priuy Councell . That she had made him Earle Marshall of England , and Lord Deputy of Ireland ; and that in a small time she had most munificently giuen him thirty thousand pounds of English money . Then hee reckons vp the imprisonment of the Priuy Councellours , the threatnings against them , the feares they were put in ; and then he obiects his acquaintance to him with Danuers , Dauis , and Blunt , all addicted to Popery . Then shewed he , how that they chose rather to goe into the City then come to Court , because the glorious light of Maiesty glittering in the Queene , would haue so blinded the eies of their treachery and treason , that they would neuer haue dared to haue come neere . Then he commends their confessions , which came out voluntary , and not being wracked out ; and also for the coherence of one with another : and hauing wouen into his discourse an historicall Narration of all the matter , about surprizing the Queene , and calling a Parliament , hee concluded his speech with this bitter Epiphonema : THat it were to be wished , that this Robert should be the last of this name Earle of Essex , who affected to be Robert the first of that name King of England . The Earle cheerefull in voyce and countenance , answered to this , that indeed it was the propriety of Lawyers to speake well , and be good Orators ; who doe thinke it a great glory in accumulated speeches , to aggrauate the offence of people in a manner innocent . But for his Peeres he intreated them to consider of his case , not according to the vehemency of his words , but the truth of the thing : protesting that for his owne part he was most sincere in his Religion , and that he knew no otherwise by Dauis , for he went daily to Church . Concerning the threatnings to the Priuy Councellours , he answered , that he heard not any , by reason of the tumultuous concourse and noise of the people , that hee vsed them there as his best and chiefest friends , but that he was compelled there to keepe them in custody , by reason of the people , and that he was necessarily droue thereunto in his owne defence , after that once he had heard , not by coniecturall thoughts , but by sure reason of faithfull messingers , that he was ready to be set vpon sodainly by his enemies . And concerning the Queene , hee said , that he then did ( and still doth ) keepe his loyalty to so well-deseruing a Prince , and that he nothing intended else , then to prostrate himselfe at the Queenes feet , and to lay open the dangers he was in , and the danger that hangs ouer all the Kingdome . Popham Lord chiefe Iustice of England ▪ being asked vpon his oath , declared how vnworthily and ill they had bin vsed at his hands . The Earle made answer , that he intended no harme to those Honourable persons , but respected them with great honour ; but yet he saw that the Queenes command could not keepe Southampton from iniurie , by reason that Grey durst assault him publikely with his sword ; and that there he prouided some safeguard for himselfe , from his friends and Clients to withstand the violent fury of his enemies . And that there was such violence offered and intended against him , would appeare , if but from that , that Gorge was admonished by Rawleigh , that assoone as hee could he should separate himselfe from him , as a ship that was now sincking . Then he complained , that some Papists were accusers of him , onely being hired thereto ; as also , that they had counterfeited his hand-writing , ( which indeed was done by an Impostor a cheater , to get money , as we shall shew . ) So that hereupon Gorges testimony was brought in , who had confessed that the Earle had determined to inuade the Court , and to call a Parliament , trusting to the helpes of the Londoners , &c. And then Gorge himselfe was sent for out of prison hard by , to witnesse this before his face . The Earle assoone as he saw him , supposing , that either out of hope or ●eare he had betrayed all , by reason his was the first testimony that was brought ; and also , because he came as a witnesse of his owne accord , very passionately traduces him , esteeming his testimony of no truth , by reason of his variable countenance , which was by and by pale , and then red . Then was obiected their meetings and consultations in Drury house , about the seizing of the Tower , or the Court. To which Southampton in a very milde speech , protesting his true heart to the Queene , made answere , that such as those things were indeed there proposed , but not determined , but onely referred to the Earle of Essex . Neither was that which was consulted put into practise , but another , to wit , his going out into London , which was to no other end , then to get thereby secure accesse vnto the Queene , and complaine freely to her of his iniuries . That all the day long he drew not his sword , neither that he heard of any Proclamation , whereby he was proclaimed Traitour . That as much as he could he hindered the shooting out of Essex house . Wherefore he requested that they iudge of the matter , not according to the rigour and letter of the Law , but equity : And being demanded if he thought not , that to seize vpon the Court , and to bring the Queene vnder their power , was not Treason ? Hee answered him , asking him , what hee thought in his conscience they would haue done against the Queene ? The very same answered the Recorder , that Henry Duke of Lancaster did to Richard the second : who humbly came into the Kingdome , vnder pretence of remoouing away from the King some naughty Councellours ; but hauing brought the King himselfe vnder his power , he took from him his Crowne , and shortly after his life . The Iudges after this were demanded by the Peeres , whether or no that consultation in Drury house were Treason , by reason it came not to effect . They all said it was ; and the rebellion in the Citie , to be a prosecution of that their consultation : for that , if so be they could haue got aide enough at London amongst the Citizens , they would haue inuaded the Court. Then it being asked , whether Essex were the Author and occasioner of these meetings ; that was proued by many testimonies , by the contents of their meeting , written with his owne hand , and by his casting of some papers into the fire , for babling , as he said . The Earle assoone as he heard these things , which he hoped had beene concealed ; hope ( said hee ) of getting their liues , or escaping from punishment hath wrought these testimonies out from some : and indeed let them enioy their liues as long as they can , or will. Death is more desired to me then life ; onely the violence of Cobham , Cecill , and Rawleigh , droue mee to a necessary defence of my selfe ; which was all , howsoeuer the Lawyers interprete my going out into the City , my own conscience being cleare from any treachery , is my greatest comfort . Cobham rising vp , protested that he neuer did Essex any malicious office , but onely alwayes disallowed of his ambion . Essex answered , but I with all my heart , euen with the losse of my right hand , would haue remooued such a calumniator ( and tale-teller ) from the Queene . Sir Francis Bacon politely , and like an Oratour , endeauouring to take away that colour from their rebellion , which they drew from the enmity that was betweene them , affirmed , that both Cabham , Cecill , and Rawleigh , were so truely honest , and of so good estates , that they would neuer hazard both of them in the attempt of any such wicked act . Then he shewes that those fictions of waite laid for his 〈◊〉 , were false , by reason of the variety of them : sometimes , in that he would cry out he should be murthered in his bed ; then in the Boat ; and lastly , by the Iesuites . Then he accused him of great vanity , for crying out in London , that the Kingdome of England was put to sale to the Spaniard , and to be diuided for the Infanta : adding , that it was an ordinary matter with Traitours , not indeed directly to rise against their Prince , but onely obliquely , and through the sides of some of the Peeres : Then he checkes him for his deepe dissimulation , in that he had put on such a Vizard of godlinesse : comparing him to the Athenian Pisistratus , that would teare his owne body , that hee might shew it to the people , as if it had beene rent and torne by his enemies , and so hauing got aide of them , oppressed the whole Common-wealth . Essex interrupting him in his proceedings , remember , how that but lately he himselfe had very efficaciously , and pithily written Letters for him to the Queene against these his aduersaries ▪ adding besides , that he vnderstood that Secretary Cecil had said to one of the Priuy councell , that the right of the Infanta to the Realme of England , was as good and iust , as any of the rest of the Competitors . Scarce had he said these words , but Cecill that had stood hidden in a little Closet to heare all the proceedings , straight way comes forth , and falling downe on his knees , beseecheth the L. High Steward , that he would giue him leaue and licence to answere for himselfe to such a calumny , so foule and false . Leaue being granted , he speakes to Essex in this manner . IN wit indeed I giue you place , wherein you are very excellent . In your Nobility I giue you place , for I am not reckoned amongst my Predecessours that were Nobles , although I my selfe am . In your military affaires I giue you place , I am no Souldier . But yet for all this , my innocence shall protect me , & in this place am I free , where you are guilty . Wherefore I challenge you , if you dare , to tell who was the Priuie Councellour , to whom I said these words . Essex refused it . Therefore , sayes Cecill , it is but a fained tale . Essex denied that . Wherefore Cecill turning to South-hampton , entreates him by all their acquaintance , euen since their youth , by their Christian profession of the same Religion , and by the honour of his Family , and adiuring him by them all , to name the man to them . Southampton referres it all to the Councell , and Cecill himselfe , if it were fitting with reason , & safe for his honour to name him , when all thought it fit he should name him , he names William Lord Knolles , Vnckle to the Earle of Essex . Cecill very earnestly entreating that he should be sent for , shortly after he came , and acknowledged , that some two yeares agoe he heard Cecill say , that one Dolman in a Booke had prooued the right of the Infanta to the Crowne , but that he himselfe said no such matter . Essex replied , that the words were told him after another sence . Cecill replyed , THe malice , whereby you haue endeauoured to bring me in hatred with all men , comes from nothing else , but my desire of peace , and the good of my Country , and from your hot desire of warre , to the profit of the Souldiers , that they might be vnder your becke . And hence was it that you set forth an Apologie against the Peace . And hence was it that all that spake of peace were hated , as most addicted to the Spaniard . But for my owne part , I am so farre from enclining towards the Infanta of Spaine , that I tremble euen to thinke of it . Whilest the Lord Knolles is expected , the Recorder accuseth Essex of dissembling hypocrisie , that professing publikely the Euangelicall Religion , yet hee promised Blunt ( a Papist ) a Toleration . The Earle denyed it ; yet denyed he not but that he knew Blunt was a Papist , ( for hee when hee was a Boy was brought vp in the Low Countries vnder Allen , that was afterwards Cardinall ) but that he desired his conuersion , and neuer indeed liked that any Christian should be tormented in case of religion . Southampton he forth with excuseth himselfe , by reason of his deare loue to the Earle of Essex , and his ignorance of the Lawes . He modestly implores the mercy of the Queene , whom he alwaies knew the patterne euen of Gods mercy , and whom he protested he neuer iniured , not with an euill thought . The Iudges Assistants being demanded , concerning these reiterated protestations of both the Earles , that they neuer ment any wrong to the Queene , gaue this sentence ; THat if any man shall attempt to strengthen himselfe so farre , that the Prince cannot resist him , he is guilty of rebellion . Also , that euery rebellion the Law construeth to be a plot against the Princes life , or a deposing of him , in as much as the Rebell will not suffer the Prince to continue , or reigne , that shall hereafter punish or reuenge such a rebellion . This they confirmed by Law , where it is adiudged Treason , to doe any thing against the security of the Prince , by reason , that it cannot be , that he that once prescribeth to his King a Right , will euer suffer the King to recouer his authority to himselfe againe , or to liue , lest so he might chance to recouer it . Fetching examples from our owne Chronicles , of Edward the second , and Richard the second , who being by force of Armes brought vnder their Subiects power , were after both deposed and murthered . After that Sir Iohn Leuison standing by , describes in many words against the Earle of Essex the tumultuous fray neere Pauls Churchyard . Then was read through the confessions of the Earles of Rutland , the Lord Cr●mwell , and Sands . Then began Essex to answere more mildly , that hee thought of nothing but onely to repell force by force , and that he would not haue gone into the Citie so inconsiderately , but that he foresaw imminent danger ouer him . Afterwards Sir Francis Bacon repeats the opinions and sentences of the Iudges , who all found both the Earles guilty of Treason : shewing , that they could not excuse themselues , who being commanded by the Lord Keeper , and a Herald , to lay downe their weapons , yet did it not . Essex replied , that he saw no Herald but a lame fellow , whom he tooke not for a Herald , saying , that if he had intended any thing but onely his defence against those his aduersaries , he would not haue gone out with so small a company , so vnarmed , ( for they had nothing but Swords , and Daggers , and Gunnes . ) Bacon replying that that was done out of policy by him , who indeed relyed vpon the Citizens armes , that they might furnish himselfe , and his men too , and take armes themselues for him . Imitating Guise in France , in this tricke ; who not long agoe entring Paris with a few people , so stirred vp the people to take armes , that he made the King dispatch out of the City . By and by , were both the Earles remooued aside : and the Peeres that past vpon them , rising and separating themselues from the rest , conferred amongst themselues , and weighing the matter , within an houre returned againe to their seates : euery one hauing found both the Earles guilty . The Notary calls both the Earles to the Barre againe , according to the manner , and asketh them seuerally , if they had any thing to say , why sentence should not be pronounced against them . Essex intreating the Peeres , to make intercession for South-hampton to the Queene , who might hereafter well deserue at her hands , answered : MY life , I take no care for that , there is nothing that I more earnestly desire , then to lay downe my life in loyalty towards God and the Queene , whatsoeuer the Law make of me . Yet would I not that you should signifie to the Queene any contempt in me of her gracious mercy ; which indeed all my smooth language would neuer purchase . And I entreat you all , that since I neuer thought ill against my Prince , ye would quit me in the Court of your Conscience , although that ye haue cast me and condemned me in this Court of Iustice. The Earle of Southampton most demissely and humbly craued the Queenes pardon , entreating his Peeres to intercede for it with the Queene , protesting againe , that he neuer conceiued any ill thought against the Queene : insomuch that with his pleasing speech , and ingenuous modestie , hee mooued all the standers by to pitty him . The Lord High Steward hauing made now a very graue speech , admonisheth the Earle , to request the Queenes mercy and pardon , pronouncing vpon him the dolefull sentence of hanging , drawing , and quartering . And now the Hatchet being turned towards them , that before was turned from them , Essex said , THis body might haue done the Queene better seruice , if she had pleased ; but I reioyce that it is vsed any way for her . Requesting , that before his death hee might receiue the Communion , and that Ashton a Minister might be still with him , for his soules health . Then hee asked pardon of the Earle of Worcester , and the Lord Chiefe Iustice , for keeping them in hold . And of Morley , and De-la-ware , for bringing their Sonnes ( that knew not of the matter ) into such danger . And then , his staffe being broken , the Earle departed . These things , the * Authour of the originall being there present , makes worth beleefe , who , if he haue omitted any thing of note , wisheth it imputed to the fault of his memory , not of his will. The next day Sir Robert Vernon , Sir William Constable , Sir Edmund Baynham Iohn Littleton , Henry Guffe Secretary to the E. of Essex , and Cap. Whitlocke , Iohn and Christopher Wright , brothers , and Orell an old Souldier , were all arraigned . Assoone as ( after the fashion ) they had held vp their hands , the Queenes Letters came in , who being informed by Sir Fulke Greuill , that most of them were deceitfully enticed to this villany , commanded that onely Littleton being sicke , Bainham , who ran headlong vpon the matter , out of wantonnesse and contempt of the Magistrates , and Orell , should come to triall ; the rest she willed to be sent backe to prison againe . Bainham and Orell pleaded ignorance , in that they onely followed the Earle to testifie their obseruancy . But Littleton being cast by the witnesse of Danuers , who had brought him into the company , could not denie but that he was there at their consultation . Then in his accusation being accused of thinking some villany and sedition , by reason of some Horses and Armour that he had in his Inne ; hee answered , that his meanes would allow him to doe it , and that he alwaies loued horses well . Being condemned with the rest , he said nothing , but lifting vp his eies to Heauen , Wee praise thee O God ▪ we knowledge thee to be the Lord. But yet all their liues were spared : Bainham bought his of Rawleigh for money , Littleton died very shortly by reason of his sicknesse , Orell onely continued some time in prison . The E. of Essex in the mean time , whether or no out of his tender conscience voluntary , or whether or no he were councelled into a conscience by the Minister that was with him , was so molested , that he was perswaded he should be vtterly damned if he concealed any of the truth , and betrayed not all the conspirators . Wherefore he requested to speake vnto some of the Councell , and particularly Cecill , who came to him , with the Admirall , Treasurer , and Lord Keeper . And first he asketh forgiuenesse of the Lord Keeper , for keeping him in hold at his House ; and then of Cecill , for traducing him in the case of the Infanta : So that on both sides there was made a charitable and christian reconciliation . And then he intimates vnto them , that as long as he liued , the Queene could not be safe . Wherefore he desired to die priuately within the Tower . Then he greatly condemneth some of his partakers in this matter , for pernicious men , viz. Blunt , and Cuffe , whom he desired to speake with . And assoone as he saw Cuffe , hee said : O Cuffe , aske God and the Queene pardon , & God grant thou maiest deserue it ▪ I am now wholly thinking vpon a better life , hauing resolued to deale plainly before God and men : neither can I choose but deale plainly with thee ; thou wert the first that brought'st me to this treachery . Cuffe being examined vpon these words , in some few words had a fling only at Essexes inconstancy , for betraying his friends , and then held his tongue . Likewise Essex reueales Sir Henry Neuill not to be ignorant of this conspiracy , who was now Leager in France , and who thereupon returning about the confirming of the Treaty at Bloys , and forbidding robberies on either side , was at his returne committed to the Lord Admirals custody . Likewise he reuealed some in Scotland , France , and the Low Countries , and Lord Deputy Montioy in Ireland , as no strangers to his resolution , and besides many in England : whom because they were so many , and because the Deputy prospered so fortunately in Ireland , the Queene tooke no notice of . Neither was it sufficient enough for him ( as hee thought ) to declare these by word of mouth , but also vnder his owne hand-writing : which being afterwards shewed to the King of Scotland by his enemies , lost him much of his credit . The 25. of February , which was allotted the time of his death , there were sent vnto him early in the morning Thomas Montford , and William Barlowe , Doctors of Diuinity , besides Ashton the Minister , to confirme and strengthen his soule in her assurance of saluation . The Earle before these gaue the Lord great thankes from the bottome of his heart , that his purpose ( that was so dangerous to the Common-wealth ) tooke no effect . That now God had enlightened him to see his sinnes , it being to him a great cause now of his sorrow , that he had so strongly defended his so vniust a cause . Then he gaue hearty thankes to the Queene , that she suffered him not to die publikely , le●t that by the acclamation and noyse of the people , his setled minde might haue beene drawne from it's resolution ; withall witnessing vnto them , that now he had well learned what popularity and affectation of it , were ; confessing , that he ought indeed now to be spewed out , ( for that was his word ) out of the Common-wealth , by reason of his pernicious vndertakings , which he compared to a Leprosie , that had dispersed farre and neere , and had infected many . The Queene , by reason of her good will alwaies to him , somewhat now mooued in mind , commanded that he should not die , by Sir Edward Cary. But then on the other side , weighing his contumacy and stubbornnesse , that scorned to aske her pardon ; and that he had said , that as long as he liued , the Queene could not liue in safety ; she altered her resolution , and by Darcy commanded the execution to proceed . Wherefore on the same day was the Earle brought out betweene two Diuines vpon the scaffold , in the Tower-yard : where sate the Earles of Cumberland , and Hartford , Viscount Howard of Bindon , the Lords Howard of Walden , Darcy of Chile , and Compton . There were also present some of the Aldermen of London , and some Knights , and Sir Walter Rawleigh , to no other end ( if we may beleeue him ) then to answere him , if at his death he should chance to obiect any thing to him , although many interpreted his being there to a worser sence , as though he had done it onely to feed his eyes with his torments , and to glut his hate with the Earles bloud : wherefore being admonished that hee should not presse on him now he was dying , which was the property of base w●●de beasts , he withdrew himselfe , and looked out vpon him at the Armoury . The Earle , assoone as he had mounted the scaffold , vncouereth his head , & lifting vp his eyes to Heauen , confesseth , that many & grieuous were the sins of his youth , for which he earnestly begged pardon of the eternall Maiesty of God , through the mediation of Christ , but especially for this his sinne , which hee said was a bloudy , crying , and contagious sinne ; whereby so many men being seduced , sinned both against God , and their Prince . Then he entreated the Queene to pardon him , wishing her a long life , and all prosperity . Protesting , he neuer meant ill towards Her. He gaue God hearty thankes , that he neuer was an Atheist , or Papist , but that alwaies he put his trust in Christs merits . He bese●ched God to strengthen him against the terrours of death . And he entreated the standers by to accompany him in a little short prayer , which with a feruent eiaculation and hearty deuotion he made to God. Then he forgaue his executioner , and repeated his Creed , and fitting his necke to the blocke , hauing repeated the fiue first verses of the 51. Psalme , hee said : Lord , I cast my selfe downe humbly and obediently , to my deserued punishment : Thou O Lord , haue mercy vpon thy seruant that is cast downe : Into thy hands , O Lord , I commit my spirit . His head after that was stricken off at the third blow , but the first tooke away both sence and motion . Thus ( although Byron and the French scoffed at him , and this his deuotion , which they said was fitter for a Parson then a Souldier , as if the feare of Hell were not the valour of a Christian ) dyed Robert D'Euereux Earle of Essex , at the age of foure and thirty yeares ; very godlily , and truely Christianly : in as much , that his Fathers admonition proued not altogether vaine , who bid him haue a care of his six and thirtieth yeare , when hee lay a dying . Hee was a man certainly very vertuous , for all parts that became any Noble man. His stocke was very ancient , and Noble . His sirname was deriued to him from Euereux , as the vulgar call it , a Citie in Normandy . His title of a Lord came by marriage with Cisely the Daughter of William Bourchier , whose Grandmother was Sister to Edward 4. K. of England , whose great Grandmother was Daughter to Th. of Woodstocke , the Son of Edward 3 ▪ borne of one of the Daughters of Humphrey Bohune E. of Hartford and Essex , whereupon the Title of Viscount of Hartford was bestowed vpon his great Grandfather Walter by Edward 6 , and the Title of Earle of Essex bestowed vpon his Father by Queene Elizabeth . He being a young man , was brought vp at Cambridge in the studies of learning and Religion , and afterwards commended by the Earle of Leicester ( his Father in Law ) to the Queene , and made Master of the Horse , although with much adoe he obtained it of the Queene , she being somwhat grown strange to his mother . But afterwards , when by his obseruancy and duty , he had purchased her full fauour , she forgaue him the debt which his Father owed ; she made him one of the Order of S. George , and of her Priuie Councell , when he was scarce 23. yeares olde . He was often Commander of Armies , although fortune failed him in good successe , which I will not say was by reason of the Planet Mars , who in the 11. house of Heauen shined most afflictiuely ouer him at his Natiuity . And when as now he had not alone the shew of the Queenes fauour , but the excesse thereof , in very deed , he made all haste ( as the Courtiers most did complaine ) to outgoe all his Equalls , and Superiours too , to speake euilly of the praise of any man that was not wholly addicted to him ; to take heinously if any man had gotten either power or fauour with the Queene ; to hunt after the popular commendations , that alwaies is very short in durance , and military praises , which are as dangerous , by his meeknesse and liberality . Also he began to be somewhat selfe-willed , and stubborne towards the Queene , and rather out of his great minde , then pride ; especially , after that she out of her courtesie had renewed her fauour to him , which he once lost , and had opened a way for new benefits to him . But this his contumacy & vntowardnes as it were , in wrestling out benefits from her , and his lothsome neglect of obedience towards her , with the crafty vndermining of his enuious aduersaries , by little and little toled him out of the Queenes fauour , and at length quite estranged him from it . Neither indeed was this noble Earle made for a Courtier , who was slow to any wickednesse , very warie in taking of offence , and very loth to forget it , and one that could not couer his minde . But as Cuffe often vsed to complaine to the Authour of the originall of this Story , hee was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ one that could neither conceale his loue , nor his hatred , but alwaies shewed them in his countenance . Hee married Frances the Daughter of Francis Walsingham , the Widow of Sir Philip Sidney , ( the Queenes aduice not being taken , who was offended at it , as if by that affinity he had debased Essexes family : ) of whom he got Robert his Sonne , Frances and Dorothy his Daughters ; and Walter by the Lady Southwell . On the fift day of March , S. Christopher Blunt , S. Charles Danuers , S. Iohn Dauis , S. Gill. Mericke Knights , and Cuffe were all arraigned at Westminster , before the Lord Admirall of England , Hunsdon Chamberlaine , Cecill Secretary , Sir Iohn Fortescue Chancellour of the Exchequer , the Lord chiefe Iustice , and others : where they were accused of the same faults as the Earles before were ; to wit , that they intended mischiefe to the Queenes Maiesty , by consulting of inuading the Court , and by rebelling in the Citie . The three first of them were demanded whether or no they could not deny one part of their accusation , and confesse the other : which they did , for they denied that euer they intended any thing against the Queene . Mericke and Cuffe being taken aside , the Iudges , as before , declared ; THat he that intendeth to prescribe Lawes to his King or Prince , whereby he restraineth his power , doth intend mischiefe and destruction to his Prince ; and doth intend both to take the Crowne & Life from him . This they proued from the examples of silly Countrimen , that were condemned for treason , euen in the memory of our forefathers , for that they tooke armes and met in Oxford-shire and Kent : one , to encrease their daily pay for their worke ; the other , to take away the Inclosures of pasture fields . For confirmation of this , they brought many things besides , shewing also , that it could not be , but that they must needs , bring in the Queene vnder subiection ; also offer violence to her , because that Conquerours are alwaies insolent : and the fury of a multitude cannot be restrained , who to prouide for their owne security and safety , feare not the performance of any villany . Blunt he is vrged with his owne confessions , and the confession of the Earle himselfe , who but lately accused him as the onely entiser of him to all wickednesse ; when he heard it read , and signed with the Earles owne hand , as he saw it , he grew altogether amazed with admiration , and greatly required , that in some other place he might talke with the Admirall and Cecill concerning that matter : but lifting vp his eyes , he cryed out openly , THou , O God , knowest well from what purposes and plots I disswaded the Earle of Essex . Then was read the confession of Thomas Lee , who acknowledged , that by the leaue of Blunt who was then Marshall in Ireland , he had sent to Tir-Oen , and againe from him vnderstood that Tir-Oen had said , THat if the Earle of Essex would but hearken vnto him , that he would make him the greatest man in England . It was also affirmed , that Lee had said , that he knew that both Essex , Blunt , and Tir-Oen , thought all the same . Neither indeed did Blunt denie , but that he gaue leaue to Lee to goe or send to Tir-Oen , but it was by Essex's command . And then are read many other things that were sent out of Ireland , to prooue the intimatenesse that was with Essex , with the Earle Tir-Oen . Flemming then the Queenes Solliciter , turning to Danuers , discourseth out of the points of Law : how , that if a man be ignorant of their determination of taking armes against the Prince , and yet ioyne himselfe in action with those that doe it , he is guilty of Treason . That then Danuers was much more guilty , who ( as is prooued by his owne and others confession ) was a partner both in the consultation , and the conspiracy acted . He answered little or nothing to this , onely that his loue was so great to the Earle of Southampton , that for his sake he would neglect life and goods : for the Earle had before entertained , and hid this Danuers that fled for a murther , and afterwards sent him ouer into France , where he followed the Campe with great credit , till such time as the Queene being with much adoe ouer-entreated , gaue him his par●don . Sir Iohn Dauis being in a manner conuicted by his owne conscience and confession , held his peace , and being taunted by the way that he was a Papist , he denied not that at Oxford he was instructed in the Romish Religion by his Tutor , and confirmed in the same by Blunt , while he was in the Irish warres . At which words , when hee perceiued Blunt was mooued , he straight appeased him , affirming that hee was confirmed in that Religion not by Blunts perswasion , but by the example of his Christian and religious life . After this Cuffe and Mericke were arraigned , and Cuffe is laid hard at with the confession of Essex and Danuers and Henry Neuill . Danuers had confessed , that Cuffe knew of al● the consultations and meetings ; and that he alwaies perswaded them to assault the Court. Essex had confessed before the Councell , that hee was the instigator of him to all this treachery , and signed this truth with his owne hand . Henry Neuill had confessed , that Cuffe presently after his returne from France , had suggested to him , that the vnfortunate successe of the Treaty at Boloigne would be imputed to him ; that after that , hee would diuers times come and see him , and perswade him to come and see the Earle of Essex , which he once did . Afterwards , when he returned last , that he entreated him to come to Drury house , and heare what was consulted on , protesting that he should heare of nothing there which was not beneficiall to the Kingdome , and the Earle of Essex , and what hee might heare with loyalty towards the Queene ; that afterwards he entreated him to be present with him , and the Earle , at the inuasion of the Court ; and that then he opened all the councell vnto him ; which when Neuill disliked as dangerous , difficult , and wicked , and said ; that they were of those kinde of purposes , that are neuer commended till they are ended ; that then Cuffe extenuated both the danger and difficulty , intimating all London , and the Aldermen themselues to be for Essex altogether , and ready at a becke ; and that then he would vse the verse of Lucan , — To him that holds vp armes in sight , He giueth all things , that denies his right . Neither could Cuffe denie any of this . Whereupon the Recorder Syllogistically argues against him ; and he so wittily and acutely answers him , that Cecill called him a subtle Sophister . And Anderson chiefe Iustice of the Common Pleas , was so angry at it , that he cried they both made foolish syllogismes ; and he fell to vrging the Law against Traitors in Edward the third . But to conclude , Cuffe tooke vpon him to answere his accusation , which consisted of two parts . For that ( first said he ) I am accused of Treason for being in Essex house on the day of the Rebellion , you might as well haue accused one of the Lions too , for lying in his Den. All that day I sorely lamented the ill fortune of my Earle , neither did I doe any thing else . I perswaded him , as I could to cry the Queene mercy , which I could not compell him to , except he pleased . And then for the consultation in Drury house , that is no more to be adiudged a piece of Treason , when it neuer tooke effect , then an Embrion , or an vnperfect creature not full borne is to be adiudged a man. The Lawyers vrged against him , that no necessity lay vpon him to continue in Essex house at the siege of it ; besides , that euery one had his office allotted him ; some to defend the House , whereof he was one ; and others to seize vpon the Citie ; who all did their endeauours equally , and all were equally too guilty of Treason . Then they answered , that the meeting of them at Drury house was of it selfe Treason , by reason there was order taken against the Queene , which was also put in practise . Then they vrged out of the Law , That if more conspire against a Prince , and yet practise that their conspiracy diuers waies , yet is the fault of Treason one and the same in all , by reason of one and the same malice of the Conspirators . Their discreet answeres , with the confessions of Essex , Neuill , and Danuers , quite spoiled Cuffes cause so , that all his wit and sophistry could not worke it out againe , into an ambiguity . Mericke he is accused for sending Letters to his brother Salisbury , Groyne , and other audacious fellowes ; whom hee drew to his side : also , for vndertaking the defence of Essex house against the Queene , for giuing mony , and causing an olde obsolete Tragedy of the deposing of Richard 2. to be acted publiquely before the Conspirators , which the Lawyers did iudge of , as if he had shewen them now that vpon the stage , which he would haue them act the next day , vpon the Queene . The like iudgement spent they vpon a Booke of Sir Iohn Haywards , a learned man , that was written about the same matter , as if it had been written to encite and stirre the Earle to depose the Queene : to the ill fortune of the worthy Authour , who lay long in prison , punished for his vntimely Edition of it : and these words in his dedicatory Epistle to the Earle of Essex , TV magnus , spe maior futuri temporis expectatione ; that is to say , Thou art great in hope , but farre greater in the expectation of future times . All this Mericke heard , and with a resolute silence said not any thing againe , but onely this ; ESsex lifted mee vp , and Essex hath throwne mee downe . After this , euery one of them are found guilty by the Iurie of treason against the Queene , and their sorrowfull sentences were pronounced . After that , Blunt and Danuers earnestly desired , that they might die like Noblemen , ( by being beheaded ) and indeed they came of the Noble stocke . For Danuer's Mother was Daughter ( and one of the Heires ) to Neuill Lord Latimer , by the Daughter of Henry Earle of Worcester , his Grandmother the Daughter of the Lord Mordant , and his great Grandmother of the Family of the Courtneyes . The other descended from the Blunts of Kidderminster , who came from the same Family that the Lords Montioy do● . Dauis requested , that although he were no Nobleman , yet to suffer as they did ; if not , not to be quartered into pieces , but to be buried Christianly . On the thirtieth day of March Mericke and Cuffe were drawne to Tibourne . Cuffe ( to be short ) at the Gallowes spake much to this purpose . I Am brought hither to pay for my due to nature , my sinnes against God , my Country , and my Prince . I doe absolutely beleeue , that as I see the infinite iustice of God in beholding the multitude of my infinite sinnes ; so I shall finde the infinite mercie of God , by reason of this greatnesse of my inflicted punishment . Here are we the example and patterne of mans estate . The death which we are to vnder go is indeed terrible ; and which is worse , it is ignominious : But yet it is common to the best of Gods Saints , with whom I haue great hope and certainty of rising againe in Christ. Yet let not any man think I put confidence in my own merits ; away with them , I disclaime them ; I put my whole trust & assurance in my Sauiour Christ. And I am absolutely perswaded , that whosoeuer is punished in this life , in the very same instant feeles great comfort from Heauen within him ; and that God punisheth him not as a Iudge , but as a Father . But to come to the occasion of my execution . There is scarce any man but knowes how great a tu●ult was raised the eight of February , vnder the vnconsiderate Earle of Essex ; yet here I call God , the Angels , and my owne conscience to witnesse , that I was not guilty of it , but that all that day I shut my selfe vp , mourning and lamenting . Now , as concerning the Plot , or their Machination , that was two-fold . And here being interrupted , and aduized , not to mocke the trueth with distinctions , or few Figge-leaues ouer his fault , I Confesse ( saith he ) that it is a great offence , nay , that it is treason , if so be that a Subiect ( cast out of fauour ) should make open his way to the Queene by force of armes ; but I neuer encited a man to take armes against the Queene . But for the danger I brought that noble Lord Neuil in , I am heartily sorrie , and I entreat him earnestly to forgiue me . As for that which I said , that of foure and twenty of the Aldermen of London , one and twenty of them were for Essex , that I meant of their good will and affection towards him , and not as if they would take armes against their Queene for him . Here againe being stopped , and interrupted , he falls to prayer vehemently , and professing faith in God , and loyalty towards hi● Prince , and desiring pardon of both , he died . Sir Gill. Mericke accompanied him , in the same kindd of death ; but with a great vndaunted courage ; and as weary of his life , he once or twice bid Cuffe let passe his vnseasonable wisedome , and make an end . Yet before he died , he excused Deputy Montioy as ignorant of the matter altogether , and intreated the Nobles that were by , to beg of the Queene not to proceed iudicially or rigorously with many simple people , that ou● of ignorance came into the company and number of the Conspiratours . Two daies after Sir Christopher Blunt , and Sir Charles Danuers , were beheaded vpon Tower hill . Danuers offered ten thousand pounds to redeeme his life , and to liue in perpetuall imprisonment ; which being refused , with a very quiet countenance , and minde , asking God and the Prince pardon , and the L. Grey , to whom he had been a great enemy , not out of hate to him , but loue to Southampton , he ended his life . Blunt hauing ascended vp the Scaffold , speakes to the people much after this manner . ALthough the time require that ( setting all other matters aside ) I should now fall a crying for mercy at Gods hands for my sinnes ; yet by reason that I haue beene traduced as an instigator of the Earle of Essex to all this villanie , as I desire the saluation of my soule , I will speake the truth . Some three yeares agoe , and more , I beheld the minde of the Earle somewhat proane to ambitious desires ; But lately in Ireland whilest I lay wounded at Rheban Castle , and since at Dublin , the Earle then told me , that he had resolued to send ouer some choice bands to seize vpon Milford Hauen in Wales , and to march so vp to London with greater forces . I then well considering of the matter , throughly disswaded him from it ; as a thing that was very dangerous , and that would cost England great store of bloud . Therefore ( to deale truely ) I perswaded him rather , with some choyce company to seize vpon the Court , and get himselfe there faire and reasonable conditions . And yet , truely , we neuer thought of doing any iniurie or wrong to the Queene ; although I must confesse , I know not whether or no , if fortune had fauoured our enterprize , the businesse would haue beene finished , with the death of the Queene . Then , after the Earle was his owne man , and at liberty againe , he began to consult with me againe about these matters ; but wee neuer agreed vpon any thing determinately . Afterwards he sent for me out of the Countrie , not long before this Rebellion . The rest I haue confessed before the Honourable the Admirall , and the worshipfull the Secretary : to whom to remember my seruice , and salute them from me , I entreat you Sir Walter Rawleigh of whom I also aske pardon . Then lifting vp his eyes to heauen , hee cries , God preserue the Queenes Maiestie . And Lord , according to thy infinite mercy pardon the sins of my heart , and my lewd life . And beare you witnesse all , that I die a Catholike , but so that I put all my confidence and trust in Christs merits alone , and so good people pray for me . Then he bids the Lord Grey and Compton farewell , and hauing prayed a little softly , he giues his necke to the blocke , and his life to the executioner . And so by the mature execution of the Earle of Essex , Cuffe , Mericke , Danuers , and Blunt , the rebellion being well laid , peace was restored to the Common-wealth : The mindes of the rest being well appeased too , the richer hauing summes for muscts laid vpon them , which very few payed , and the rest freely pardoned . Southampton being committed to the Tower , and with him Thomas Smith Sheriffe of London ; but hee either out of the Queenes mercy , or his owne innocency , ( being indeed calumniously informed of , rather then iustly accused ) within a short time he was restored againe to liberty . On the eight day of Iuly Sir Henry Neuill was arraigned at Yorke house before the Priuy Councell , and some of the Iudges , and was accused for hauing been present at the meeting in Drury house , and for not hauing reuealed their plots ; & also for reuealing to Essex the secrets of his Embassie into France . He confessed indeed that he shewed vnto Essex the whole Iournall of his Embassie , and what he did euery day at his earnest request , but that he was neuer but at one meeting , and then , that he contemned their plots as idle dreames , but that he durst not accuse such men as the Earle of Essex , fearing to be thought an Informer , and hoping that they would quickly change such vnconsiderate councell , or at least thinking it would be time enough to reueale it after his returne from France . Yet for all this was he greatly reprehended by all their voices , and as thought worthy of a greater punishment , fauoured with imprisonment . It is not to be forgotten that the Earle of Essex often complained that his Letters were forged , and counterfeited . Now concerning this matter , there was diligent enquirie made , and a notable cousenage found out . The Countesse of Essex fearing the euents of this troublesome time , hauing put vp into her Cabinet some loue letters , which she had formerly receiued of him , deliuered them to the faithful custody of a Dutch woman that liued with her , which I. Daniel her husband by meere chance lighting vpon , then read them , and obseruing somewhat to be contained therein , which might bring the Earle into some danger , and incense the Queene , he got the Letters counterfeited by a cunning Scriuener , very like the true originall . Afterwards the good woman being to lie in , he came and told her that hee would deliuer vp those Letters into the hands of her Husbands enemies , vnlesse she would forthwith giue him 3000. pounds . She straight way ( to auoid all danger ) gaue him 1170. pounds ; and yet for all this mony , receiued not the Letters themselues , but only the counterfeited Copies : this same cousener intending to wipe the Earles aduersaries of a great deale more mony , for the originals themselues . This cousenage being found out , he was committed to perpetuall imprisonment , being fined three thousand pounds , two thousand pounds whereof was to fall to the Earle of Essex , then his eares being nailed to the Pillory , being made a spectacle to the people , hee had this inscription , A forger of writings , and a notable cousener . Not long before the Embassadours of the King of Scotland , namely the Earle of Marre and Kinlosse , came vnto the Queene , who in the name of their King gratulated vnto her the happy and mature preuention of this vnhappy rebellion . They likewise somewhat expostulated with the Queene concerning her not punishing of Valentine Thomas , who had sorely calumniated the King of Scotland ; as also , concerning William Eeuer , and Ashfield , two Englishmen , that had lately conueyed themselues out of Scotland ; and also , that there might be made to their king an assignmēt of some Lands here in England . To whom the Queene answered , that she thanked them heartily for their congratulation concerning the rebellion ; and wisheth withall , that none such may euer happen in Scotland , vnlesse with the like successe in the same day to be both publisht and punisht . But concerning this Valentine Thomas , she answered , that she therefore spared his life , le●t by rubbing an olde sore too much , shee should rather renue then remooue the paine and anguish which would daily accrue vnto their Master , out of viperous and slanderous tongues , who commonly when they want all shew of proofe , yet finde beleefe . Concerning that same Eeuer she made answere , that by reason of his peremptorie deniall and protestation so against the truth , he had drawen vpon himselfe the iust suspition of an euill minde . But for Ashfield she answered , that as he had cunningly put a tricke vpon the President of the borders of Scotland , and by that meanes got licence to goe into Scotland ; so that by another tricke he was fetcht home againe . That for her part she was so farre from boulstering any ill disposed subiects of his in their conceited discontents , that she esteemed the fauouring of anothers subiects in such a case , to be nothing else but an enticement and occasion of causing her owne to doe the like , when they before hand iustly may expect a conniuence from the ●ands of the other Prince . About the assignment of some Lands she answered onely what she had before in the same matter . But lastly , condescended to adde to her yearely contribution towards the King of Scotlands affaires , and her owne , the summe of two thousand pounds more , besides the principall , onely vpon condition , that the King would maintaine an inuiolable vnity and concord with her , and not submit his discretion to their tuition , who vse to encrease their priuate Coffers with the publique losses . Much about this time was it , when ( many of the Spanish Gallies at Scluse , much in●esting the Sea coasts of Kent , and those opposite of Holland and Zeeland ) the Queene also began to build her selfe some Gallies too , and repriued many condemned persons , and other malefactors , and sent them to worke in the Gallies . But although both the cost and charges of the Queene , and the honourable Citie of London ( which did with great alacrity contribute much to the effecting of the businesse ) were very great , yet the vse of them , and the expected benefit was as little . Notwithstanding the States of the vnited Prouinces carefully watching ouer their great affaires , and desiring to preuent the euill which these Gallies might doe vnto them , resolue now to transport some of their forces ouer into Flanders againe , and there seize vpon some Fortresses by Ostend , that so they might with better ease & liberty prey vpon the Countries thereabouts , & pillage them , and also reduce those parts of Flanders that lie by the Sea side , vnder their owne gouernment , lest they should become a continuall harbour for the Spanish Gallies . Yet at the very same time , that so they might both delude the enemy from knowing their intent , and diuert him from crossing it , if he should know it , it seemed good vnto them to send Graue Maurice into Gelderland to besiege Rheinberge : of which matter they certified the Queene by Sir Francis Vere ; of whom they requested foure thousand English to be mustered and transported at their owne charges : To which the Queene consented . But before that Sir Francis Vere could returne againe out of England , Maurice had already set forwards towards Rheinberge on the one side ; and on the other side Albert Arch-Duke of Austria had laid his siege to Ostend : which did so molest the troubled thoughts of the Sta●es , that they now begin rather to defend their owne Holds , then offend their enemies . To which purpose they send for twentie Companies of Englishmen from Reinberke , ouer whom they appoint Vere the Generall both without and within Ostend : but Maurice sent them onely eight Companies of English , and those not very willingly , hauing already begun the siege , and hourely expecting the enemy ; and those eight were conducted to them by Sir Horatio Vere ; yet Sir Francis Vere wanting not courage , though he did much Companies , ( causing them to sweare to him that the other Companies should follow , and that he should not want prouision ) about Iuly next arriued at Ostend , ouer against the old Towne , at a place euen within shot : where he had scarce no sooner gotten , then Cecill a braue expert Souldier , euen in this very first act of his Chiualry almost , brought him both prouision , and the rest of his Companies , although with as great hazard indeed , as valour . This same Ostend ( which in our forefathers memory was nothing but poore Cottages of silly fishermen that liued on the sea shore ) by reason of continual tumults & insurrections was at first fortified by the States with stakes and piles , but afterwards with trenches and other workes , which the Sea entring into the Towne a pretty way , did easily affoord them matter for . At length there was an English Garrison plac'd there vnder the conduct of Sir Iohn Conway , and afterwards vnder Sir Edward Norris , which vpon occasion did so molest Flanders with their diuers excursions , that both the Duke of Parma in vaine laid siege to it , to tame it a little , and Mottee also in vaine assaulted it by treachery , ( although he lost his life at the businesse ) and the Arch-Duke himselfe as much in vaine , although hee erected about it seuenteene strong Forts . These Garrisons therefore being as thornes in the sides of those of Flanders , and the Hauen where they were placed , to wit Ostend , ●eeming to the Spaniard a most commodious place for his Gallies to retire into , from whence hee might hinder the traffique both of the Zelanders , and the English ; made the King of Spaine absolutely resolue one way or other to assault and get it to himselfe ; and indeed the States were as carefull to defend , and still maintaine it ; neither was there euer any assault and defence of a Fort ( in our age ) so memorable , and so full of ouerthrowes and slaughters . But it is not my resolution to weaue together an Ephemerides , or a remembrancer of the siege euery day after day : it shall be enough for me only to note and obserue some passages therein . Sir Francis Vere in the fifth moneth of this siege , seeing his forces much to be diminished by the continuall eruptions of the enemie vpon them , and skirmishes , and the pestilence worse then both ; seeing also that part of the olde Towne was swallowed vp as it were in Fordes ; considering also the want of Victuals , which daily encreased , redresse whereof he could not hope for , by reason of crosse windes which denied him hope of succour : and now vnderstanding that the enemy was ready to assault them on euery side ; hee required a parly with the Arch-Duke about surrendring : and hauing giuen hostages on both sides , the Arch-Duke sent Delegates thither to the same purpose . But Vere ▪ by his continuall delaying time , cunningly nurst them on with hopes of yeelding , till such time as he had auxiliary Forces sent ouer to him ; and then sent backe the Delegates without doing any thing concerning yeelding , excusing himselfe out of that Military axiome , THat to delude the enemy by trickes , is not onely lawfull , but also commodious , and sometimes very fruitfull . And wittily by●ing in a scoffing sort , he did entreat them to pardon him , if by reason of vrgent necessity , he should do so againe , since that with the safety of his honour he could doe no otherwise , by reason that now he had receiued aide , and other necessaries for the warre . The Arch-Duke being hereupon sorely vexed , cast in Veres teeth , that he knew better how to ouercome by deceit then by valour ; and the 14. day after hee thundered vpon the Fortresses before the walls with 18. great pieces of Ordinance ; about the euening the Sea ouerflowing , hee droue out 2000. olde trained Souldiers against their wills , to set vpon the olde Towne , the Horsemen following them close at the backe . But Generall Vere , and Sir Horatio his brother , who with a choice Band was euery where as occasion serued , droue them backe thrice very valiantly . They that set vpon the Easterne part , being it was somewhat late before they began , in seasonable time , and yet not without some damage retired backe againe , by reason the Tide came vio●ently in vpon them . They that were allotted to assault Helmont , and Erinace , the two Fortresses , and the trench of the English , easily tooke them , by reason that the Souldiers were called forth from thence to defend other places ; two thousand of them being sent to the Westerne arme of the Sea ( which they call Gullet ) did presently take Semilunula , which was forsaken ; from whence they were driuen out againe presently , many of them being lost , whilest they fled confusedly , for feare the water should rise and hemme them in . Nine great pieces of Ordnance placed against the West gate , thundering forth not single Bullets , but chained together , like a tempest , and sometimes Lead and Iron tooles , did so ouercome the Assaulters of the West gate , and the Sand hill , that they receiued a very miserable ouerthrow : and in the middest of the assault , the Sea comming in vpon them , and the Scouts shewing themselues , they were so affrighted , that casting away their Armes , Ladders , and draw bridges , they gaue themselues ouer either to the slaughter of the Garrisoners that sallied out vpon them , or the fury of the Sea that followed closevpon them . The Arch-Duke not a whit amazed with this losse of his men , lay very hard still at the siege , although with very small hope of obtaining his desires , by reason that he could not hinder prouision , nor new supplies of Souldiers which daily came in ; neither could he find any place for vndermining , there being so many Fortresses placed euery where . And now Sir Francis Vere hauing repaired the breaches that were made , being recalled by the States , who euery fiue moneths adiudg●d it fit to send a new Gouernour , and fresh Souldiers , resigned his place to Fredericke Dorpe , who ( euen as all his Successours ) for three whole yeares , and about a hundred dayes , valiantly and laboriously more defended himselfe against the furious assaults of the Seas , then the enemies , who but a little molested him . Certainly , happy had it beene with that warlike Nation , if so be that the Sea had vtterly swallowed it vp ; for whilest the most warlike Souldiers of the Low Countries , Spaine , England , France , Scotland , and Italy contended for a barren piece of Sand , it became their common Sepulchre , although to their eternall honour . But these things belong properly to the writers of the Low Country affaires ; but yet it may belong to vs to know and remember those worthy Englishmen that died there : the chiefest among them were the Veres Brothers , Sir Edward Cecill , Sir Iohn Ogle , Sir Charles Fairfax , Coronell Lawrence Dutton , and Coronell Drake , Carpenter , Serieant Maior , Captaine Holcroft , Galfred Dutton , Greuill , Wilford , Humphreyes , Drake , Broughton , Herbert , Frost , Madeson , Gerard , Butler , Rogers , and Dennis Connigraue . Neither let vs forget the valour of Iohn Carew , a Cornish young man , who hauing his arme burst off by the force of a great piece of Ordnance , and shot a good way from him , with an vndaunted minde ( all his fellowes sorely lamenting ) he went and brought it in his other hand into the Towne , and shewing it to the Surgeon , Behold , said he , the arme that to day at dinner serued all my body . This siege brought the King of France to Cales , from whence is a short iourney ouer into England , on purpose to prouide and strengthen the borders of his Kingdome . which when the Queene vnderstood , she sent ouer to him Sir Thomas Edmonds to see him , and congratulate his health with him . He againe to acknowledge this courtesie , sent ouer into England to the Queene , Marshall Byrone , Aruerne , and Aumont , and many other Noblemen . These the Queene entertained at Basing with such humanity , and dismissed them so courteously , that they much blazoned forth her meeke affablenesse , seasoned both with wisdome and eloquence . That truely which the French Writers report , that the Queene shewed to Marshall Byrone , and the rest of the French , the braines of the Earle of Essex in her priuy Chappell ; or as others will haue it , fastened to a post or stake , is most ridiculous , for his braines and body were truely both buried together . Indeed , certaine it is , that amongst her talke with them , she very sharply blamed the Earle of Essex , concerning his vngratitude towards her , and his vnaduised consultations , and his scornfull contumacy , in not begging pardon for his offence ; and that she wished that the most Christian King of France , would rather vse towards his Subiects a milde kinde of seuerity , then a dissolute clemency ; and that he would in time cut off the heads also of those that intend or plot any innouations in the state or disturbe the publique quiet . This aduise of the Queene might haue well frighted Marshall Byrone from his wicked designes , which he had already plotted against his King , had he not beene bewitched : But the force of his destinie rushing on him so besotted his blind vnderstanding , that within few moneths after hee suffered the same punishment , that the Earle of Essex had lately done before him . Shortly after , the Queene hauing returned out of the Country , assembles a Parliament , wherein she makes good and wholsome Lawes , concerning the poore , the weake ; and lame Souldiers , and Marriners , concerning fraudulent ouerseers of Wills and Testaments . Concerning the deceit of Clothiers , and the preying that were woont to be on the borders of Scotland . But when as there did come grieuous complaints into the Lower house of Parliament , against Monopolies : ( for many had bought to themselues the power of selling some certaine commodities alone , confirmed by Letters Patents , vnder pretence of the publique good , but truely to the great losse of the Land ) The Queene presently set forth a Proclamation , wherein she made all her formerly granted Letters Pa●ents voyd , partly , and of no effect , and partly to be examined according to the Law. And this was so pleasing to the Lower house , that 80. of them chosen out came vnto her , and by the Speaker of the House humbly gaue her thankes . The Queene entertaining thei●●oues very ioyfully , spake to them much after this manner ▪ IOwe to you all a peculiar thankes and commendations for your large good wills towards vs , not in silent thought conceiued , but in deeds amply and really expressed , in that ye recalled my errour , which was out of ignorance , and not wilfulnesse . These things would haue beene turned to my disgrace and infamy , if such Harpies and Horse-leaches as those had not beene made knowne by you . I had rather be maimed either in my hand , or my minde , then to giue consent with either to these priuiledges of Monopolies . The brightnesse of a Princesse Maiesty hath not so blinded my eies , that liberty or licentiousnesse should preuaile with me more then Iustice. The glorie of the very name of a King may deceiue vnskilfull and vndiscreet Kings , as guilded pills doe a sicke patient . But I am none of those , for I know that the Common-wealth ought to be gouerned for the good only of thē that are committed to it , and not of him to whom it is committed ; and that the King must giue account of it before another Iudgment seat . I thinke my selfe most happie , that by Gods helpe I haue so gouerned my Kingdome as I haue done ; and that I haue such Subiects , for whose good I would leaue Kingdome , or life it selfe . I desire , that what other men haue trespassed in by false suggestion , be not imputed to me , to whom the testimony of my cleare conscience is a sufficient excuse for me . You cannot chuse but know that Princes seruants are alwaies most intent for the good of their owne affaires ; and that truth is concealed often from Princes , neither can they looke through all things , who are continually troubled with great throngs of greater businesses . About the beginning of this yeare died Henry Herbert Earle of Pembroke , the sonne of William , made Knight of the Garter in 1574 , President of the Councell in Wales after the death of Henry Sidney his Father in law . By whose Daughter Marie he begat William now Earle of Pembroke , and Philip now Earle of Montgomery , and Anne that died in the very flower of her youth . Also there died Henry Lord Norris of Ricot , restored to his Lands after the death of his Father , but vpon some strict conditions about the inheritance of his Grandmother , which was one of the Heires of Viscount Louell . But the Queene made him more compleatly Lord , after his Embasie into France , finished with great commendation of his wisedome . He begat of his wife Marie , one of the Heires of Iohn Lord Williams of Tame , ( who was in the time of Henry 8. Treasurer of the Augmentation Office , and priuy Counsellour to Queene Marie ) a warlike progeny . William his eldest sonne Marshall of Barwicke , that died in Ireland ; to whom was borne Francis that succeeded in his Vncles honour : the second was Iohn so often spoken of before : the third was Thomas President of Mounster , and sometimes Iustice of Ireland , that died by reason of neglect of a small wound : the fourth Henry that died the same death , about the same time and place : the fift Maximilian , slaine in the warres of Britaine : and Edward Gouernour of Ostend , who alone suruiued his Parents . Within a few daies after died Peregrine Berty Lord Willoughby of Eresby , Gouernour of Barwicke , who had vndergone all the Offices of a Captaine , both in the Low Countries , and in France , and Robert his sonne by Mary Sister to Edward Earle of Oxford , succeeded him . And now let vs returne a little to Ireland : And then we shall obserue , that about this time there came out a Proclamation ( which also Henry 7. had forbad by Law ) that no man should transport English money into Ireland , by reason that either the Rebels get it to themselues , and purchase their prouision with it ; or the Merchants conuey it into other forreigne Nations , to the great losse and detriment of this Kingdome . Wherefore now there was great deliberation about altering the money in Ireland , and mingling some Brasse with it , by reason that the warre in Ireland stood them in yearely 160000. pounds sterling . Hereupon others thought the charge of the warre would be lesse , and that all good and lawfull money in Ireland would be put away in exchange in England ; and that so the Rebells being destitute of good and lawfull money , would be barred of all trading with forreigne Nations , and be necessarily much thereby weakened . Others argued , that this change of Coyne would be very preiudiciall to the Queenes credit , and good report , and the losse of Subiects be much thereby encreased . That the good money could not be transported ouer without great charges of the Queene ; and that the gaine of this new Coyne in England , would not answer the charges of the very bringing ouer of it ( if the account should be cast vp right ) much lesse , if so be the monie were coined in Ireland , where a Mint were with great charges to be erected , and mony-makers hired at farre greater expences . Also , that thereby they could not hinder the Irish Traffique with Forreigners , when the Merchants know there is Siluer in the new Coyne , which they know for to separate from Brasse easily , and who care not whether they take one piece of money , or three of the same value ; vrging , that besides there was a doubt whether the Souldiers would not mutiny , for their pay would then be shortened . But for all that Buckhurst Lord Treasurer , very skilfull in money matters , with much adoe got of the Queene , that the money might be altered for a while , but afterwards recalled to it's greatest value , which he vrged by reason of necessity ( for that was the Law of the time : ) and which the Queene ( although she was faine to grant it ) yet could say , that it would be preiudiciall to her credit , but worse to her Army . But yet for all that , it was finished without any tumult or commotion in all the Army , to the great happinesse of the Queene , which exercised her strict authority ouer her Souldiers , and yet lost not her loue . Certainly the Army did sustaine great losse by this alteration of Coyne , and the Queene got but very little good , if any at all : If any got , it was those that had let monies out , whose onely couetousnes was thought first to haue broacht this businesse . The Lord Deputy , assoone as he had receaued this their Deliberation , the better to keep his Army from mutining , kept them from idlenesse : and at the beginning of the Spring , assembleth his Forces , and before all of them met together he marcheth towards Moghery , where he kept his Souldiers to hard worke , who by cutting downe a wood , had made a very difficult way easie and passageable ; and then he built a Fort. He expelled the vsurping Mac-Genises out of Lecall , and subdued all the Castles of the Rebels , euen as farre as to Armach , and there also he strengthened the Garrison . And he proceeded so farre this Summer , that he remoued Tir-Oen from his Fort of Blacke●water , where very skilfully hee had pitched his Campe. In the meane time Iohn O-Doghert being dead in Tir-Conell , the Deputy declareth his Sonne Heire , because his Father possessed some lands in the English right ; and he deliuered ouer his Inheritance to Hugh Boy and Phelim Reaugh , his Guardians . This so heinously molested O-Neale Garue , that forthwith he flies vpon the young mans inheritance , out of an imaginary right he thought he had , as if all the Land that was in Tir-Conell belonged to him ; & he tooke it as heinously that the Deputy thought not so too , although hee promised indifferently to heare both parties . Yet at length Henry Docwray with faire promises asswageth O-Neale Garue , and at last enticeth him to the English party : and lest he should be idle , hauing assaulted Mac-Swine Fanagh , he droue away a braue prey : but at his earnest suite , and swearing fealty he restored it againe , and receaued Hostages , whom a little after , Mac-Swine breaking his faith , he hung vp . Afterwards wasting his Country , hee brought him to that passe , that hauing giuen Hostages againe , hee was glad to keepe his promise better . After that , he laid waste the Countrey of Sleugh-Art , woody and boggish , of some fifteene miles extension , O-Neale Garue being still his conduct . Then he tooke Dery-Castle , and strengthened Newton and Ainogh with Garrisons . And now the Deputy hauing come to Black●water , sent for him thither : but when as by reason of necessities which he wanted , and the enemie that blockt vp his passage , he could not come to the Deputy , the Deputy checking him , admonished him that he would repaire this his negligence with some famous exploit , which , hauing gotten opportunity , he did accordingly . For being informed by O-Neale Garue , that there were Souldiers mustered out of Tir-Conell against the Deputy , and that Donegall Monastery neere Ballashanon , was peopled but with a few religious persons , he sent thither 500. English , who easily made themselues masters of that place . O-Donell at the returning of the Lord Deputy comes with all his Forces to Donegall , fiercely armed and prouided for the destruction of the English. He eagerly besets it thirty whole daies , shooting continually as if they had gotten victory : The Monastery being by chance set on fire in the night : and yet for all that the English valiantly sustained the siege . Whilst these things succeed so prosperously in these quarters , behold many write vnto the Lord Deputy , and daily fame confirmed it , that the Spaniard had hoised saile towards Mounster . Wherefore they intreat him that hee would leaue prosecuting the Rebels within the Realme a little , and preuent the enemy without as well . The Deputy therefore ( not to loose that which hee had gotten ) strengthened the Garrisons at Vlster , and made all speed possible into Mounster with one or two wings of Horse , commanding the foot to follow ; and thither also hastened Tir-Oen , and Odonell , hauing raised the siege at Donegall . And now scarce were they sooner remooued from thence , but Docwray by land-iournies comes and relieues the Garrisons there with prouisions : and placeth two colours in Asherow vnder Edward Digges , after which in a short time Ballashanon ( that was so long lookt for ) was seazed on : And then did he liberally reuenge himselfe on the perfidious Irish , who had before betrayed Newton and Derry . And now the warre being remooued into Mounster , calleth vs thither too . Tir-Oen , and the Rebels of Mounster , by their spies Matthew Ouied a Spaniard , the Archbishop of Dublin , made by the Pope Bishop of Clonfort , the Bishop of Killaloe , and Archer a Iesuite , had obtained of the Spaniard , by much entreating , praying , and protesting , that hee would send ouer to them the Rebels in Mounster , some aide vnder Iohn D'Aquila , being certainly perswaded that then all Mounster would reuolt from the Queene to them , and that the titular Earle of Desmond , and Florence Mac-Carty , would ioyne great Forces with them . In the meane time Sir George Carew to preuent this , hauing found the titular Earle in his lurking hole , forsaken of all his followers , arraigned him forthwith , lest that dying vncondemned , his goods ( without the authority of a Parliament ) might not fall to the Exchequer . He being condemned of treason , protested , that he tooke Armes out of loue to the Romish Religion , and hope of recouering the Patrimony of his Grandfather ; as also , by reason of the exaction of the English in Plow-land , and their Iurie of twelue men . Carew also found out , how that it had beene debated and consulted of betweene Tir-Oen and the Archbishop , in what part of Ireland the Spaniard could most conueniently land ; and that they agreed that Mounster was the fittest place ; but that they agreed not yet in what Hauen they should land . Some iudged it best first to seize vpon Limricke , as neighbouring vpon Conaugh and Leinster , and not very farre from Vlster : But then he heard that Donat Mac-Cormac affirmed , that Florence preferred Corke before that , as being a Hauen more opportune , a City weaker , and therefore the easier to be assaulted , and that from thence the Spaniard might be ready at hand to Barry , Roch , Cormac-Macdermot , and Mac-Carty Reogh , who yet continued in loyalty ; whom they might either driue into a taking of their sides , or else spoyle their goods . Hereupon Sir George Carew thought nothing better then any way to surprize Florence , although before hee had giuen him a Protection for his life ; and at length surprizing him , he sent both him and the titular Earle too ouer into England . And now being certified that the Spaniards were vpon comming , which before hee could by no meanes perswade the Deputy , and the English Councell to beleeue , he causeth prouision to be brought into Corke , and calls an assembly of the Prouince there . He layes hands on some turbulent persons whom he suspected , to keep them from doing mischiefe : from others he tooke Hostages : and had generally such a prouident care of his affaires , that hee abounded both in prouision , and all necessaries to sustaine a siege for many moneths . And besides , there came ouer a new supply of 2000. Souldiers out of England , in very good time . The President about the midst of September , being certainly enformed , that the Spaniards had strooke saile , certifies the Deputie of it assoone as he could . He assoone as euer he came to Kilkenny , sent for the President . But behold , while he makes haste in his iourney , being recalled by Messengers that enformed him that the Spa●ish Nauie was in sight , he made Sir Charles Wilmot President of Corke , and he himselfe makes all haste to the Deputy . At his comming a Councell is held , whether or no the Deputy ( who had scarce guard enough for his owne person ) should returne , or tarry at Kilkenny , till his Forces were met together . Some thought it fittest for him to returne , because it was not for the credit of the Lord Deputy to goe forward with so small a company . President Carew contends on the other side , that hee could neither returne , nor stand still without suspition of sluggish●esse , and danger of defection throughout the whole Prouince ; and so at length profering 200. Horse to guard him , and informing him how well Corke was furnished with all things necessary for warre , he brought him along thither with him , cheerefully , although there were some that would haue had the Lord Deputy gone no farther then Clonmell , a place bordering close vpon that Prouince . In the meane time the Spanish Nauie , which by reason of a slacke winde could not reach Corke Hauen , the 23. of September puts in at the mouth of Kinsale Hauen , and landeth their Souldiers . Presently hereupon Sir Richard Percy who with 150. Souldiers gouerned there , being vnequall for to resist , retires backe to Corke . The Spaniards with 35. displaied Banners hauing the Gates open , are gratefully receiued by the Inhabitants . The chiefe Magistrate going with a staffe before them , and disposing of their seuerall Lodgings . The President Carew commands hereupon all the Sheepe and Cattle to be driuen on this side the Riuer Auerley , and sends Flower with 400. ready furnisht Foot , to waste and depopulate the neighbouring Countries : and , which seemed very conuenient to doe , he musters vp all the Citizens and Townesmen hee could get into his Army , although they stood him in no stead , but onely so to keepe them as Hostages with him , lest that hauing laine and lurkt idely at home , out of loue to the Romish Religion , and inbred fauour to the Spanish Nation ( out of the opinion of being descended from the same originall ) they should thinke vpon reuolting , or yeelding vp the Townes to the Spaniard . Don Iohn D'Aquila , who was Gouernour of the Spanish Forces ( with the Title of Master Generall , and Captaine of the Catholike King , in the defending of warre for God , for the maintenance of Religion in Ireland : ) Hauing publisht many writings , endeauoured to perswaded the simple people , That Queene Elizabeth was deposed by the iudgement of the Pope : that her Subiects were freed from their oath of Allegiance ; and that now the Spaniards were come to deliuer them from the iawes of the Diuell : ( for those were the very words ) and certainly he drew many wicked Irish to him vnder this faire pretence . The Deputy hauing drawne together all the Forces which possibly he could , prepares himselfe for the siege ; and hauing pitcht his Campe , he resolued first to reduce to obedience Rincurran Castle by the Hauen , wherein were 150. Spaniards left : because it seemed very conuenient for them , either to protect the English Nauy there , or infest from thence the Spanish . This Carew did ; ( hauing set to his great Engines , and kept backe the Spaniards succour by Sea and Land both ) and shortly brought it to an absolute yeelding . And now Sir Richard Leuison Vice-Admirall of the Seas , hauing beene sent out of England to stop the passage of the Spaniards , and come too late , blockes vp the Spaniards in the Hauen : whereupon the English ( both by Sea and Land ) begin to batter the Towne , and hardly to besiege it : But it was growne a great deale more remisse after , by reason that Sir Richard Leuison with his Marriners set forth after two thousand Spaniards , who were landed at Bere Hauen , Baltemore , and Castle Hauen , fiue ships of whose hee kept in great awe . All the same time was Carew sent out from the Campe with some troupes , to preuent Odonell from ioyning forces with the Spaniard : but he , hauing the benefit of frosty weather , got through the Desarts to thē in the night time . And within a few daies after Tir-Oen himselfe , O-Rorke , Reimond Burke , Mac-Mahon , Randall Mac-Surley , and Tirell Lord of Kerry , the choicest of all the Rebels drew neere too , to whom Alphonso Don O-Campo hauing ioyned the new come Spaniards , made in all an Army of six thousand foot , and fiue hundred horse , being triumphing in the hope of a sure victory , by reason they were more in company , and better prouided : and on the otherside , the English were sore wearied with a winter siege , and shut vp from prouision , and almost spent with pouerty and hunger . The Deputie , for all these difficulties , plies the siege as strongly as he can , and fortifies the Castles with new works . On the 21. of December Tir-Oen shewes himselfe from a Hill some mile from the Campe , and the next day againe . The night following the Spaniards rush forth of the Towne , and the Irish endeauour to get into it ; but both failed of their purpose . On the 23. of December there were Letters surprized sent from Don Iohn D'Aquila to Tir-Oen , wherein he entreats him that the Spaniards newly come might be let into the Towne , that so the English Campe might be assaulted on either side . The Moone shining the next night , the Lord Deputy commanded Sir Henry Poore to leade forth eight troupes of olde Souldiers , and to set them in battle array at the West part of the Campe. Sir Henry Greames that was Master of the watch that night , early in the morning certifies the Lord Deputy that the Rebells would certainly march on , because he had seene their matches kind●ed already in a great number . So that hereupon they cry to take Armes ; and troupes are disposed euery where , where there was any passage to the Towne . The Lord Deputy , with President Carew , and Sir Richard Wingfield Marshal , commeth towards those that lay at watch and ward ; and taking Councell with Sir Oliuer Lambert , consults of a fit place to combate with the enemy . Whether afterwards were brought the Regiments of Sir Henry Folliot , and Sir Oliuer Saint-Iohns , with 600. Marriners , vnder conduct of Sir Richard Leuison . But in the meane time Tir-Oen hauing resolued , by the helpe of darknesse , to bring the fresh Spaniards , and 800. Irish into Kinsale , as he was leading them on , espied at the peeping of the day , the Marshall , and Sir H. Danuers with the regiments of Horse , and Poore lying at the bottome of the hill , with his troupes of olde Souldiers . Whereupon being quite out of hope of finishing his resolued intent , he for a while makes a stand , and presently after caused his Bagpipes to sound a retreat . Assoone as the Lord Deputy was made acquainted with this halfe confused a retreat hee commandeth his to persue them ; and he himselfe goes to marke the manner of their recoiling ; but there arising so great a mist , that ouer-spread the earth , he could not discerne any thing of them . Shortly after the heauens being cleared a little , he obserued them to fall backe somewhat fearefully in three great troupes , hauing the Horsemen at their backes : wherefore ( sending backe Carew with three wings of Horse into the Campe , to hinder the Spaniards breaking out vpon them , out of the Towne ) he so earnestly persued Tir-Oen , that he compelled him to make a stand on the brinke of a gul●ie and plashy boggish place , to which , but onely by wading , there was no accesse . But those Horsemen that kept this Foord being vanquished by the valour of the Marshall , and the Earle of Clan Richard , the English valiantly assault the troupes of Horse of the Enemie : and after Sir William Godolphine that led the Deputies wing , Henry Danuers , Minshaw , Taffe , Flemings , and Iohn Barcley Campe-Master , had ioyned themselues together , they reiterated their assault so couragiously , that they put to flight the Enemies Horse . The English thought it not good to follow them ; but hauing drawne together all their forces , they rush into the midst of the Enemies Armie , and breake through them . Tirell yet with the Spaniards stood firmely in their places , wherefore the Deputy marcheth on towards them ; and not onely to shew himselfe a Captaine in commanding , but also a Souldier in fighting , he rushes vpon them with three Regiments of Sir Oliuer Saint-Iohns , which Roe led , and forthwith so brake the Rankes of them , that the Spaniards begin to betake themselues to the Irish , who left them exposed to slaugher , prouiding for their own safety . For Tir-Oen , Odonell , & the rest , presently betooke themselues to flight , casting away their Armes . Don Alphonso O-Camp● being taken prisoner , and three other Spanish Captiues , and six of their * Standerd-bearers , 1200 ▪ slaine : nine Ensignes taken , whereof six were Spanish . Very few of the English being wanting , but many wounded : and amongst those Sir Henry Danuers , Sir William Godolphin , and Croft . This great victory costing them onely so little losse . The Deputy hauing ●ounded a retreit , and giuen thankes ▪ to God for this victory , amongst the Carkasses of the slaine ▪ knighted the Earle of Clan Richard for his valiant seruice ; and after that returning to his Campe with great shoutes of the people , finding the Campe safe and sound from any hurt from the Spaniard . For they in the Towne finding all things so well fortified with Garrisons , and finding by experience that their eruption out of the Towne was very dangerous , being weary with expectation of the Irish , departed home againe , leauing behinde shame to the Irish , and victory to the English. This victory was great , and full of various commodities ; for thereby Ireland that was now euen bowing vnder rebellion , was held vp againe : The Spaniard remoued out of it , the Arch-Rebell Tir-Oen driuen to his lurking●hole againe in Vlster , and Odonell into Spaine ; the smaller Rebells slaine euery where . The Queenes authority restored to its former perfection , the insolency of the enemy much abated , and the mindes of honest minded men ( who before were depressed much ) were now confirmed againe , and peace concluded euery where . The day after that , the Lord Deputy causeth Sir Iosias Bodley ouerseer of the Trenches , ( who had behaued himselfe brauely both in their workes , & battell ) to finish those things which he had left vnperfect , and bring his Rampiers neerer to the Army . And when six daies had beene spent in this businesse , Don Iohn D'Aquila hauing sent Letters to the Lord Deputy by his Trumpeter , requested that some Nobleman , or man of credit , might be sent to him into the Towne to parley with . The Deputy sent Sir William Godolphine ; to whom D'Aquila signifies , that he much honoured the Lord Deputy , yea , though he were an enemy ; complaining that the Irish were weake , and impotent , vnaccustomed to military exercises , and ( which he feared ) perfidious . That he indeed was sent only in succour of two Noble Earles , but by reason that he doubted what was become of them , whether they liued or no , by reason that the tempest of warre draue one , & the Sea the other , cleane out of sight ▪ that therefore he would treate concerning peace , which might onely not be deceitfull to the Spaniard , and vsefull to the English ; although ( if he pleased ) he could endure the siege longer , lacking nothing thereto , and although he expected aide daily the better to performe it . But to be short , other talke had on both sides , it was at last agreed betweene the English and Spaniards , both weary , one of besieging , the other of being besieged ; First , That the Spaniards should yeeld to the Deputy Kinsall , the Castles and Forts at Baltamore , Berehauen , and Castlehauen , and depart with their liues , goods , and Banners displayed . Secondly , That at a set rate the English should furnish them with ships to goe home to Spaine with , and that D'Aquila should goe out last . Thirdly , That they should offer no violence , or take Armes against the Queene , till such time as that they had beene landed in Spaine . Fourthly , That if they arriued at any English Hauen , they should be courteously vsed : and if they chanced to light vpon any English ships , that they should not molest them . And lastly , That whilst they expected a winde in Ireland , they should haue prouision for their money , without any impeach ; and that for those ships that were to bring them to Spaine , the Lord Deputy should choose out pledges amongst them for his security . THE FOVRE and Fortieth Yeere OF HER REIGNE . Anno Domini 1602. THese Articles being put vpon Record the second of Ianuary , and confirmed on either side by oath , the Spaniards in fit season hauing their troupes much impaired , put from Ireland ; the Irish greatly fretting that they had deliuered vp to the English againe the Castles and Forts . But being about to deliuer vp Dunboy , O-Suilliuant Bere , that had before resigned it to the Spaniards protection , inuaded it sodainly , and strengthened it with workes , and with very suppliant Letters recalled the Spaniards . But Carew fearing lest by such a commodious Hauen , and fit receptacle for the Rebels , the warre might be awakened againe , made haste thither by Sea ( for by Land the passage was most difficult ) and hauing assaulted the Castle with a cruell siege , razed it downe to the ground ; thereby taking away the feare of the Spaniards returne againe , who were daily expected at the Hauen . Yet for all this Eugenius O-Hegan made Bishop of Rosse by the Pope , hauing brought monies and munition out of Spaine , and putting them in hope of helpe besides , so imboldened the well-allaied stomacke of rebellion , that the Irish still continued in the same . But Sir Charles Wilmot in Kerry , Roger Gawyn , & the two Haruies in Carbery , did quickly lay it againe , by taking their Castles , drawing away their Cattle , and putting many to the sword . The President himselfe surprized Mac-Dermot a Nobleman of Muskerie , and of a great retinue , whom he committed to prison ; although in a very short time he escaped forth . But when he saw how his Territory lay wasted by the English , and his Castles seized on by them , ( for Sir Charles Wilmot at the time of his escape from prison , had beset Muckron one of his chiefest seates , which by chance got fire , and tooke it : ) when hee saw likewise that his Sonne was in England , his Wife in Corke , and both prisoners ; and himselfe on the very edge of greater danger , he began to supplicate and beg for pardon , which ( vpon good surety ) he at last obtained . Marshall Bagnall in the meane time vanquished that English Rebell Tirell , who with a troupe of mercenary Rogues and Vagabonds , had entred Muskerry : him he spoyled of his Castles which he possessed , forcing him into the closer Mountaines of Desmond . And Sir Charles Wilmot , he did so sorely persecute the Knight of Kerry , and some of his complices in the rebellion , that they were glad to come to him howling , and begging for admission , to sweare him fealty . Tirell by this time being narrowly prosecut●d by the Lord of Barry , and Wilmot , as secretly● as possibly he could , steales into Leinster . And presently after that William a Burgh and O-Su●lliuant Beare , being oppressed and frighted with too many ensuing dangers , leaue , and render vp Beare and Bantre to the pleasure of the English. On the other side Captaine Taffe being sent out by the President , did so molest Euge●y Mac●Car●y ▪ and Donat Keagh in Carbery , that Eugeny O-Hegan the Bishop , fighting amidst the Rebels , was slaine , and found with a kinde of a Register in one hand , and a Sword in the other . Although that now the Spaniards were quite remooued out of Ireland ; yet notwithstanding the Queene bearing a prouident eye ouer the affaires of her Kingdomes , furnisheth a Nauy of eight of her owne great ships , with some lesser Vessels , which she sent Sir Richard Leuison , and Sir William Mounson in charge with , to roaue about the Spanish coast , and to keepe them from another Voyage towards Ireland . Leuison set forth the 19. of March , and Mounson hauing expected some ships from the Hollanders , a few daies , put forth after him , when he perceiued that no Hollanders ship would come to ioyne with him . In the meane time Leuison lighted vpon a Spanish Nauy of 38. ships , that brought siluer out of America ; but by reason of their small number , though their stomackes were great , they set vpon them , but in vaine . After that Mounson had come with the rest of the Nauy , for many daies together they kept out all trading from the coasts of Portugall : afterwards they certainly vnderstood , that a great Caracke of 1600. Tunne , richly laden , from the East Indies , had newly arriued at Cezimbra against Barbarū , the Promontory in Portugall ▪ and that there were ele●uen Gallies there in the Bay , eight whereof were allotted to Spinola , for his warre in the Low Countries ▪ and the other three Portugals . Cezimbra is a little Citie within the Bay , all built with stone , and fortified with a Castle , with twelue pieces of great Ordnance . Vnder the Castle rode the Caracke ; the Gallies lay in the West part of the Bay vnder a wall : turning their Decke vpon them , with fiue pieces of Ordnance on a side ; insomuch that from them the Caracke that seemed like a Castle , and the Castle it selfe , there was great shew of danger to the English. Yet Leuison resolued with the generall consent of the Marriners to assault them , and to set fire on the Caracke , if they could not take her . The day after , hauing a braue gale , he in the Admirall hoised vp his Ensigne to the midst of the Mast , Mounson in the Rere●Admirall , to the fore-Mast ; by and by with fiue of the Queenes ships , they cast anchor against the Gallies , vpon whom they so thundered , that after seuen houres the Marquesse Sancta Croce withdrew himselfe , and those Portugall Gallies which he gouerned . But Spinola not following , he returned againe . But these Gallies being not able to withstand the violence of the English , most of them saued themselues from their enemies . Two of them were taken and burnt , hauing great store of Gunpowder to be carryed into the Low Countries : the rest pittifully battered , and the Gally-slaues most slaine , got with much adoe to the mouth of the Riuer Tagus . And Mounson now began to set vpon this great Caracke , and to fire it . But Leuison forbad it , but sent to the Master of it , and certified him how that the Gallies wherein he trusted were all now vanquished , and two of them taken : and that now he was Master of the Island , that the Castle it selfe was not able to withstand the English forces , much lesse his Caracke , that relyed onely vpon it . Wherefore , if so be that they refused mercy when it was offered ▪ that he would deale very seuerely with them . The Master of the Caracke required , that some Noble man might be sent , with whom he might deale about it . Mounson was the man was sent ▪ to whom these conditions were propounded : That all that were in the Caracke ( for there were 300. of the Nobler sort , that had met there to defend her ) should be forthwith dismissed with their weapons ; that their Colours should not be taken downe ; that the ship and Ordnance should come to the King of Spaine againe , but all the Merchandize to the English. Mounson condescended , that within three daies all should be dismissed : that Spanish Colours should be displayed in the sight of the English , but onely , at the Poope of the ship ; but for granting the Ship and Ordnance backe to the King of Spaine , that he would not heare of . Afterwards it came to this agreement , that within two dayes the Portugals there should be dismisse● , hauing their Matches put out ; their Colours should be laid downe ; that the Ship , Ordnance , and Merchandize should be safely deliuered vp to the English ; and that in the meane time there should be no shooting from the Castle out , vpon , or against the English. The same night all were dismissed out of the Caracke , except the Master , and some few more , that were set a shoare early in the morning . And the very same day the English put forth with the Caracke , hauing a good winde , brought home a lusty prey , hauing not lost aboue fiue of their Marriners ; the prey being valued by the Portugals at 1000000. Crownes . After their returne , Mounson being sent backe againe towards the coasts of Spaine continued thereabouts , till the middest of Winter , to hinder any attempt vpon Ireland . While hee launcheth out into the deepe , towards Spaine , Fredericke Spinola with six Gallies , that had gotten out safe at the skirmish , comming along by the French shore , came at last to the British Ocean on the 23. of September , with intent to enter at some Hauen or other in Flanders . Sir Robert Mansell ley in wait for him with one or two of the Queenes ships , and foure Hollanders that were dispersed here and there . They resolued to set on two Gallies first espied by the Hollanders : but hauing espied one of the Queeenes ships aloofe off ▪ they turne them onely the other way , so to spend the day , and by the benefit of the night put into Hauen . Sir Robert Mansell persued them from eight of the clock● in the morning , till Sun set ; besides two Hollanders with him : but the Gallies vpon the approaching of night , taking their course towards England , came so neere , that some of their Gallie sl●ues that were chained to their Oares , hauing shooke off their Fetters , and leaping forth , swoome to the land ; the Gallies vnawares came to a place , where one of the Qu●●nes ships ▪ and some Hollanders , lay at anchor . Hereupon 〈◊〉 being sure to light vpon them , the b●tter to come to them , he turnes saile on purpose t● put himselfe betweene the shore of Flanders and the Gallies . But they light vpon one of the Queenes ships , called the Answere . Broadgate Master of the ship , who by reason of the noyse of the Ordnance he heard a farre off ▪ had prepared himselfe for battaile , gaue them 38. shot and the Hollanders forthwith thundered vpon them too . The Gallies hauing not answered one piece of Ordnance , as speedily as they could escaped away ; and fainting in a most ●empestuous night , one of them chanced to light vpon Mansell : he dischargeth all his Ordnance against it , feld the Mast , and ●earing a lamentable noise , & comming neere , by an Interpreter he offered them mercy . But fiue other Gallies comming in to helpe , he turned his broad side , and discharged all his Ordnance amongst them . What slaughter hee made , a●though ●he night were a cleare one , cannot be told : neither after that was heard the noyse of a piece of Ordnance , till such time as a Hollander fastening vpon one of the Gallies , so scoured her Sterne , that presently after she ●●ncke with all her passengers . Another Hollander by chance driuen vpon one of the Gallies , sorely battered it , and almost was split it selfe . Another of the Gallies by the negligence of the Marriners , whilest it made hast to get to Calis , was cast away . Two of them recouered Newport . Spinola in the Admirall with great store of wealth escaped into Dunkerke : but the next yeare , bei●g wounded with a great piece of Ordnance in a Sea fight against the Hollanders , died with great praise . We haue heretofore said that the Voyage of the Bishop of London , Christopher Perkins , and I. Swall Doct. of the Law , whom the Queene had delegated at Embden in 1600. to treat with the Danes Delegates , was to no purpose . And now againe are sent to Bremen by the Queene concerning the same matter , Ralph Lord Euers , Sir Iohn Herbert secondary Secretary , Daniel Dun Doctor of the Law , and Master of Requests , & Stephen Leisiure adioyned Assistant . The King of Denmarke delegated Ma●derope Persberge , Arnold Whitfield Chancellour of the Realme , and Ionas Charise Doctor of the Law. The English complained , that their free sayling to M●sco●y through the Northerne Sea , and their fishing about the shore , and the Islands was denied them ; and that there was too great an exaction of tribute and tolls , onely for their passage of the Sound . They required that the ancient Leagues betweene Henry 7. King of England , and Iohn King of Denmarke in the yeare one thousand foure hundred and ninety : also , that , that betweene Henry 8 of England , and Christierne of Denmarke in 1523. should be reuiewed againe , and applied to these times : that this manifolde exaction of new tolls should either be taken away , o● lessened : and that the set rate should bee in a booke , with a certaine reason of confiscation of goods : that then the ships should not be detained at Sea longer then was fitting & that the complaints of priuate men should be quickly composed . After this arose a disputation whether or no it be lawfull for a Prince against ancient Leagues to encrease his toll and tribute according to his good pleasure . Whether or no it be not against equity , a●though it be vsuall , since that custome ought to waite vpon truth and equity . Whether or no those things that haue been ordained by graue councell , and for a while tolerated , can be abrogated without iniury to the Princes authority . Then , whether or no those tolls that were imposed vpon all forreigne traders in the Raigne of Queene Mary , for bringing in , or carrying o●t of Merchandize , were not more iust then those that the Da●es require for a passage onely in the Sea ; who for charges to secure their sayling , exact a Rose-Noble for euery ship ; and one piece of money for euery hundred , besides Lastage . Whether or no tolls ought to bee exacted for passage , which elsewhere are not payed , but onely for landing and selling of merchandize . Whether or no it be not free for the E●glish to fish in the North Sea , and the Islands thereabouts , or to saile to Moscouy , since the Sea is free for all men ; since that Princes haue no Dominion ouer the Sea , whi●h they can no more hinder men from , then from the aire ; according to that of Ant●nin●● the Emperour , I Truely am Lord of all the earth : but the Law i● of the Sea. Wherefore i●dge ye according to the Law of Rhodes . Therefore , is it not against the Law of Nations , to vsurpe such authority ouer the Sea ; when Princes haue not any Iurisdiction , vnlesse of the Sea adiacent to their coasts ? and that onely , that saylings might be secured from Pyrates and enemies , since that the Kings of England did neuer hinder sayling and fishing in the Irish Sea , betweene England and Ireland , although they were Lords of those shoares , aswell as the King of Denmarke is of Norway and Island , who vnder no other colour challengeth this right ? But yet , if the Danes will exact tolls from the English for their passage , the Queene might aswell exact as much of those Danes that saile within her Dominions , Kingdomes , or Islands . Hereupon the Danes propounded , that since their Kings Father allowed of their Nauigations , which was very full of damage to him , for the Queenes sake ; that now the Merchants of the English should redeeme the same for two hundred Rose Nobles yearely , for the life time of the Queene . That goods surprized on each side might be restored according to equity and honesty . They grieuously complained then of the English Pirates ; requesting , that although ( by reason of the heate of the war ) the Pirates insolency could not well be repressed ; yet , that by seuerity of punishment they might be kept vnder a little : or that otherwise they must allow of Arrests to repaire their iniuries and losses ; because it should principally concerne the King , to see that his Subiects suffer no losses . Lastly , that the English ought not to complaine of their transporting warlike munition into Spaine , by reason that they transport so little , that the Spaniard was but little the better for it , and might easily want for all their supply . Now , after that they had spent two moneths in these disputations by writings on both sides exhibited , the Danes beyond all expectation certifie the English , that they had no power to take notice of , or to reforme the Leagues , or taking away , or lessening the tolls ; or of granting leaue for fishing in the Norway and Island Seas , without the speciall licence of the King , and some certaine conditions . Withall , ( which mooued much admiration ) they gaue warning to the English not to fish at the Island Fer●e , vnder the paine whereby other fishings haue beene heretofore inhibited . The English on the other side made protestation in expresse words concerning the nullity and inualidity of this Inhibition ; as also of any other declaration which should be made contrary to the League . Lastly , when they could no otherwise agree , then to referre to the Princes on both sides , what had beene done , and what had beene gone through with ; and that the Danes had promised their diligence to intercede with the King for the publication of Tolls registred in a Booke , whereby they might be certaine of measure , number , and waight ; and not feare to haue them altered according to the pleasure of the Toll-takers : And that in case of confiscation , those goods should be seized vpon , and confiscated , that were concealed , and not named : The Englishmen being content with these promises of the Danes , the whole matter ( the right of the Queene , and the Realme not any way infringed ) was suspended , and prorogued till another time . Whilest these things were in controuersie betweene both Princes , the Ecclesiasticall Papists in England are together by the eares at home : For the Iesuites against the Secular Priests , with sharpe Pens , and poisoned tongues , and contumelious Bookes , fought continually . For they tooke it very heinously that Blackwell of Trinity College in Oxford , sometimes fellow there , who was altogether at Garnets beck , the Generall of the Iesuites through England , was now made their Arch-Priest : insomuch that they much detracted from his authority . Hereupon hee degraded them of their faculties , and afterwards , they appealing to the Pope of Rome , he caused them in a Booke to be declared Schismatickes and Heretiques . This aspersion they soone wiped off , hauing the censure of the Vni●ersity at Paris approuing the same . And setting forth Bookes vpon Bookes , they highly commended the Queene , in that from the very beginning of her raigne she had dealt with Catholiques very mercifully . For first they shewed , that in the first 11. yeares of her raigne there was not one brought in question of his life for matter of conscience or religion . And that not for whole 10. yeares together after the Bull of Pius Quintu● published against her , aboue 12. Priests were executed : and that some of them were conuicted Traitors , euen since the yeare 1580. when the Iesuites first crept ouer into England . Then they shewed , that their mischieuous practises against the Common-wealth had disturbed all , and much empaired the Catholique religion , and that they were the occasion of the seuere Lawes made against Catholiques . Then they shewed , that for all this in 10. yeares following there were but 50. Priests executed ; and that out of her mercy the Queene banished fiue and fifty more , against whom she might haue proceeded Legally , and executed them too . Then they shewed , that from that time , there were Seminaries erected in Spaine , at the care of Parsns an English Iesuite , to entertaine English run-awayes in : and how that from thence came yearely into England turbulent Priests . How that Parsons incited the Spaniard to inuade England , or Ireland againe : that he confirmed the right of his Daughter to the Crowne of England , in a Booke set forth to the same purpose ; and that an oath was exacted of all Students in the Seminaries to approue and maintaine the same . Then they declared , how that Holt of that society had suborned Hesket to a rebellion , and enticed C●llin , Yorke , and Williams to kill the Queene● and how that Walpole the Iesuite had perswaded Squire to make away the Queene by poison . Insomuch that the Queene , although she neuer lo●ed to offer violence to the conscience , yet could she not choose but vse necessary seuerity vpon these kinde of men , vnlesse she would betray to her 〈◊〉 the safety and security of her own Realmes . Then they abused Parsons ( whom they called Cowbucke ) for a bastard , and one of the dregs of the Commonalty ; a fellow of a most seditious disposition ; a sycophant , an Aequiuocator , and one that would set Kingdomes to sale . Then they much condemned these Libells of the Iesuites set out against the Queene , of falsities , accounting the Authours traitours both to God , and the Queene . And hauing discoursed and argued very solidly , that the true Religion was to be propagated not by the sword , but the spirit of meeknesse and mildnesse . They concluded , beseeching the English Papists not to send their children to the Iesuites Seminaries , who vse in the very tendernesse of their yeares to infuse the poyson of Treason , euen with their elements of Learning . In the middest of this combating with Bookes , ( whether in earnest , or deceitfully vndertaken ) the Councell came to finde out , that both the Iesuites and the Priests in this matter secretly conspired to withdraw the Subiects of the Queene from their obedience to her , and to excite the Commonalty to the maintenance of the Romish Religion , euen with Armes . Hereupon the Queene by Proclamation commanded the Iesuites and Secular Priests belonging to them , to depart the Kingdome : as for the rest that seemed to be mediators betweene both , they had two moneths allotted to resolue whether or no they would professe loyalty to the Queene ; if not , to he gone ; and neither of both sorts euer to returne againe , except they will hazard the punishment of the Law ▪ and without doubt this Proclamation came out by the great prouidence of God , to auert a great meditated mischiefe . For amongst these affaires Thomas Winter ( as hee himselfe afterwards confessed ) and Tesmund a Iesuite , being sent for by some of them into Spaine , vnderwent most pernicious consultations to cut off the Queene , and to exclude Iames of Scotland from his Right of inheritance . And not onely these in England , but also in the Low Countries , seditious Souldiers conspired against the Arch-Duke , and in France also some st●●red vp commotions against the King ▪ insomuch that a storme seemed by some Starre to be raised against all Christian Kings and Princes . In France Marshall Byrone , who had practised wicked counsels against his Countrey , and with pricking words wounded the Maiesty of the King , was now beheaded . I doe not well know whom the Marshalls confession detected ; but amongst others , it so aymed at the D. of Bulloigne , that being commanded to shew himselfe before the King , he appeared not ; but fearing the anger of the King , and the power of his aduersaries about the Court ; hee with-drew himselfe into Germany . The French King made his great complaint of him to Queene Elizabeth , accusing his marriage with his Sister Mary of Florence as vnlawfull , and the Popes dispensation as vneffectuall , and that thereby his Sonne was illeg●timate . That he had allotted the Prince of Conde to succeed in the Kingdome . That he conspired the destruction of the chiefest Catholikes in France . That he had conspired to betray the vnited Prouinces to the Spaniards that would giue most for them . That he detracted from the Iudgement of the Parliament at Paris , by appealing to the Court of Warre , which indeed had no Iurisdiction in such matters as those . That he tooke exception against his accusers , which in case of Treason is not lawfull to doe . Concluding , that these things were nothing but tergiuersations in detracting all Iudgements , and arrogating to himselfe the Kings authority . Wherefore he asketh councell of the Queene what hee should doe in this matter . She answereth him by her Leager in France , that she was exceeding sorry to heare of these things ; and that she esteemed it great honour done to her , that he would impart it vnto her . She much commended his moderate minde , which being suggested by so great dangers , yet was rather guided by the councell of his friends , then the affection of his owne selfe . As concerning the councell which he required , she made answer , that if the proofes were as manifest against him , as the obiections were odious , he should do well to proceed legally against him ; but that it was dangerous for her to councell him to any thing , till such time as the proofes were cleare against him , left perchance she should offend God , if so be he were innocent ; or offend the King , if he should suspect his own safety to be neglected ; wherefore , that she held it most fitting in so●doubtfull a case , to be silent . Yet withall , she requesteth the King to vse both iudgement and conscience in his councell , and accurately examine both the accusations and confessions , to see whether or no they come from men of trust , vncorrupted , and no way suspected of partiality ; by reason that commonly no mans innocency can protect him from others base calumny . Withall informing him , that bare assertions are but slender proofes to informe the conscience of a iust Iudge , against a man of so well-tried vertue and valour : As also , that those obiected crimes , being not amply prooued , did seeme as incredible to be fathered on such a man , as they are in their owne nature execrable . For , who would belieue ( said she ) that hee , being brought vp in the feare of God , and continuing so long in an vnspotted loyalty , euen in greatest dangers both towards his King and Countrey , should euen imagine now such mischieuous villany against so well a deseruing Prince : or euer ioyne councell with men both of lost estates and hopes , with whom there was neuer any conformity of manners , or religion ; and from whom hee could not but expect perfidious dealing ? Wishing him rather to suspect , that these suggestions were coyned in the Spanish Mint , to set the French againe together by the ●ares . The King hea●d this with discontented eares , and forthwith burst out into these words , THe Queene thinkes better of Bouillon the● he deserues . For he was amongst the chiefest of Essexes conspiracie : neither dissembled ●e it , when I obiected it to him ; but smiling , put me off without an answere . Then he constantly affirmed , that those things obiec●ed , were most true . Then he recalls the benefits he had be bestowed on him , as first , that he numbred him amongst his Family ; then that he procured him a rich match with the heire of the Family of Bouillon ; that he had set him in the possession of Sedan ; that he honoured him amongst the Nobles of the Inward Admission ; that he made him Duke , and Marshall : and that once he had resolued to shew mercy to him , if he would come aske pardon ; but now , since he scorned it , and out of an ill conscience , since he fled away he saw no reason of shewing mercy now againe to him . Then he added , how that in the like case he interceded with the Queene for the Earle of Essex , till hee vnderstood the ●einousnesse of his fact , and then he gaue ouer . The Embassador returned , that the Queene only thought well of the Duke , because hitherto he had shewen his loyalty and valour towards his King and Country ; but that she would be very sorry if that the obiections should be found true , as it was in Essexes case ; and that then she wou'd detest and hate him from her very heart . Concluding , that this her admonition proceeded from no other ground , then her minde troubled , aswell for the Kings safety and security as her owne . If we may belieue the French Writers , and the politick'st English , Byrone , Bouillon , and others , perswading themselues , that by their loyalty and valour they had brought the King to the Crowne ; and now perceiuing that the King was indulgent towards the Conspirators against his life , and belieued them soonest , as men best deseruing , and recompencing their offence by duty , and disposing of honours , giuing them those Offices now in peace , which before they possessed in time of warre . They ( I say ) tooke it very heinously , as if the King suspected their loyalty ; and hereupon being also mooued with other suggestions , thinking themselues to haue deserued better , they began for to conspire to 〈◊〉 their Offices hereditary to them and their heires ; and whe● they could wring out that which they would , they became ●iercer then the very enemies . Of this number were they , whom the King in his Letter●●o the Queene was not ashamed 〈◊〉 defame very sharpely , not onely as vngratefull , but of a faint courage , not hauing euer ouercome the enemy by any warlike valour , but reconciled them rather by pay and promises . But the Queene being very desirous of the safety of the King ▪ pittying the often and neadlesse reuolts of the French , neuer gaue ouer celebrating him , as the only preseruer of the fading French Monarchy . These things I haue weaued into my discourse , that posterity may hereafter iudge of the wisedome of the Queene in councelling the King , and of her constant good will to her ancient friend and Professour of the same Religion . Also , at this time the Queene succoured Geneua , the Seminary of the Reformed Religion , which was now assaulted by trickes and open Armes by the Duke of Sauoy , and great store of money was gathered to that intent throughout all England , which was liberally bestowed both by the Clergy and Commonalty of the Land. This yeare in February Alexander Nowell Doctor of Diuinity , and Deane of Pauls , surrendred his soule to God. In the dayes of Queene Mary hee was banished into Germany for the truth of the Gospell , which afterwards both in his laborious Sermons , and his learned workes , he strongly did maintaine . He bestowed vpon Brasen-nose College in Oxford ( where he was brought vp ) 200. pounds yearely , to maintaine therein 13. Fellowships ; seconding this his godly example with a religious life and conuersation . 〈◊〉 Ouerall succeeded him , professour of Diuinity in Cambridge , a generall learned Scholler , preferred to this Deanery by the commendations ( to the Queene ) of Sir Fulke G●euill his Patron . And now Ireland recalls me to an account of what hath passed there this yeare . For after that the Spaniards were driuen out of Ireland , Tir-Oen in a fearefull affright retires himselfe as fast as he could into his lurking holes in Vlster , nimbly posting through the Desarts belonging thereunto ; but he lost many of his company , whom the Riuers ( encreased with the Winters raine ) swallowed vp . And yet , for all that , could he not rest in quiet , without great care , but worthily oppressed with the iniqui●y of his conscience , hee distrusted euery man ; insomuch that he still changed holes , and sought for new . The Deputy , to refresh his Army that was wearied , hauing setl●d his affaires in Munster , returned to Dublin ; and after the hard time of the yeare was past ouer , he returned backe againe ( by small iourneyes ) with a puissant Army vnto Vlster ; with intent ( as before he had resolued ) to gir● the Rebels in their Forts , by placing Garrisons about them . He bringeth ouer his Army at Blackewater ouer the Floats ; and at the first ( the Foord being vnknowne ) hauing found an old Fortresse a little below , there he erects a Bulwarke , which , according to his owne Christian name , hee called Charlemont . Hereupon Tir-Oen being ●orely affrighted , fired his owne house at Dunganon , and lest it should be ransacked , he burnt it . The Deputy still marcheth forwards ▪ and assoon as Sir Henry Docwray with his Forces had come from Logh Fo●l , he distributed Souldiers into all quarters , who burnt vp the Corne , set fire on the Houses , and Villages , driuing home preyes daily . Presently after the Forts in Logh-Carew , Logh-Reah , and Moherlecow , ( where S. Iohn Barclay was shot through with a Bullet ) were yeelded vp to the Deputy ; who placed a Fort at Logh-Eaugh , or Logh Sidney , which after his name of Honour , he called Montioy-Fort ; making Sir Arthur Chichester ( a man worthy to succeed him in his Office ) Gouernour thereof . He sends backe Sir Henry Docwray to Diry , who receiueth to mercy O-Chanan , after great part of his Dominions had fell to the Queene , onely vpon condition , that by her Letters Patents he might quietly possesse the rest . After that , at the Deputies command he ouer-runs Omie with a miserable slaughter , he driues away the Cattle of Cormac-Baron , although with some danger . And after that , being sent for by the Deputy , and Agar Castle being taken , he sends him and Sir Henry Folliot home . First making Folliot of authority vnder him ; and shortly after ( beyond all expectation ) making him absolute President of Ballashanon , to the wonder of the English , that he should be preferred before Docwray , who by his great paines and industry had recouered Ballashanon . And at the same time ( to the much admiration of the Irish ) receiues into protection Rodoricke O-d●●ell a most famous Rebell , as yet neglecting O● Neale Gar●e a faithfull friend to the English. Insomuch as that O-Neale tooke it so heinously , that he assumed to himselfe the title of O-donell , and exercised tyranny ouer the people , compelling them to sweare fealty to him , and not to the Queene . Now towards the end of the yeare , Sir Arthur Chichester and Docwray determined to set vpon Tir-Oen on this side , and on that side in the Vallies where he lay lurking . But all their on-sets were so frustrated with the boggish grounds , with the vncertainty of the weather , and the perfidiousnesse of the spies , that they were faine to giue ouer their enterprise . But , in a word , the Garrisons disposed so by the Deputy on euery side , with great Military skill , and greater courage , so vexed the Rebels with often onsets , and crosse expeditions on this side and that side , that at last seeing themselues begirt , and all things harder and harder euery day , and that now they must lurke like wilde Beasts in the Desarts , many of them changed their loyalty to Tir-Oen , with their fortune , and secretly submitted themselues to the Deputy ; muttering speeches , that Tir-Oen had exposed the whole Nation to ruine , onely vpon his priuate hatred ; and that all this warre was onel● necessary for him alone , but hur●full and lamentable to all the rest . And truely the Deputy somewhat respected these yeelders more then was looked for , neglecting those against his owne promise , that had faithfully stucke to the Queene ; but it is likely he fauoured them so out of his Iudgement , rather then affection : knowing that it was better for the Kingdome being so wounded , to be at rest , then to haue those wounds greene againe with a seuere cure . This yeelding daily encreased so much , that Tir-Oen easily perceiued , that by reason of his ill successes , the loyalty and force of his Army much diminished ; wherefore being weary of his miseries , he now resolued to preuent more , vpon hope of life , which euen will discourage the valiantest mindes that are : Wherefore he sent most humble Letters both to the Queene , and the Deputy , both with teares and prayers crauing pardon for his offence ; bearing so great signes of sorrow before him , by reason of his offence towards God and his Prince , that the Queene gaue the Deputy authority to receiue him into fauour , if so be that he did suppliantly craue it , according to that humility which his Letters made shew of . THE YEARE OF OVR LORD GOD M.DC.III . Containing not fully three Moneths of her REIGNE . ASsoone as Tir-Oen vnderstood the mercie of the Queene so amply extended towards him , he made all meanes possible ( and dealt with Arthur Ma●-Baron his Brother , and others ) to obtaine it , and being often put by it , at last , he promised that hee would submit both his life and fortune to the iudgement of the Queene . The Deputy that had secretly vnderstood from some of his friends the doubtfulnesse of the Queenes health , by reason of her age , gaue Tir-Oen leaue to come to Melli-Font , whither he presently came ; and being admitted into the Priuie Chamber , ( where the Deputy , encircled with a multitude of warlike men , sate in his Throne ) in the very threshold with a deiected countenance falls Tir-Oen vpon his knees . And hauing kneeled a while , he was wished by the Deputy to come neerer ; whereupon arising , and hauing come some few steps , he falls againe downe vpon his knees ; saying , I Acknowledge , and aske pardon for my offences against God , and my most gratious Prince and Mistresse ; to whose Princely clemency I doe now flie as to an holy Anchor ; entreating her to dispose of my life and fortunes as she pleaseth ; and yet humbly wishing , that as heretofore I haue felt her beneficency , and but lately her power ; so now I may feele her mercy and mildnesse , and become an euerlasting example and patterne of her clemency : Truely , my age is not so farre come vpon me ; neither is my body so much decayed , or my courage impaired , but that by my future valiant , and loyall seruice , I may expiate the sinne of my rebellion . In processe of his speech , when he began to complaine against the enuy of some towards him , that occasioned most of his offences , the Deputy interrupted him , telling him very maiestically ( which was eloquence enough for a Souldier ) that no excuse ought to be sowed ouer such a great fault ; after that he commanded him to depart aside ; and the next day after he carried him with him to Dublin , with intent to send him from thence ouer into England to the Queene , to let her deale with him as she pleased . Thus the rebellion of Tir-Oen which began out of priuate discontents mingled with ambition , and was nurst vp with the contempt and parsimony of England , till such time that ( vnder pretence of restoring the Romane Religion ) it spread ouer all Ireland , being strengthened with many mens too much credulity , and the secret fauour of some in authority , and one or two happie successes , Spanish succour , and the Popes Indulgences . Thus ( I say ) this rebellion , that also was still lengthened and prolonged by the enuy of the English one against another , by the bipartite command , by the auarice of the olde Souldiers , by the craft of Tir-Oen , and his counterfeit submissions and Truces , and by the protections bought by villaines for money , and by the great difficultie of the places , and the desperatenesse of the ●rish , safer in their swiftnesse of flight , then abode in warre , now at length in the eight yeare after its first breaking out , vnder the happy command of the Lord Montioy Deputy , ( created afterwards E. of Deuonshire ) was most fortunately finished . The Queene , who hitherto , by reason of her abstinence from wine , and moderate dyet , which she said was the chiefest part of phisicke , enioyed perfect health , now entring into her Climactericall yeare , to wit seauenty , began somewhat to be sensible of defect of health and strength , which the indisposition of the aire towards the end of Ianuary , being a filthy windy and rainy day , much improoued , when she remooued from Westminster to Richmond , on purpose to refresh her olde age with quietnesse , and to giue her selfe to godlinesse wholly . Vpon which day , as if she were about somewhat else , ( I know not whether she thought vpon , or prophesied of her death ) she said to the Admirall , whom she dearely loued , MY Throne is a Throne of Kings , neither ought any but my next Heire to succeed me . The Courtiers obserued her more then ordinarily to frequent prayers and Sermons ; and they also report , that she then commanded a Ring ( with which at her Inauguration she married her selfe to her Kingdome ) to be cut off from her finger , which hauing beene neuer puld off , had euen growne into her flesh . This they tooke for ill lucke to come , expecting a diuorce shortly betweene her and her Kingdomes , to whom that Ring married her . In the beginning of her sicknesse the Almonds of her Iawes did swell suddenly , and grew lancke againe suddenly ; then her appetite to meate grew sensibly worse and worse ; whereupon she became exceeding sad , and seemed to be much grieued at some thing or other : whether or no it were by reason of the violence of her sicknesse , or out of her want of Essex , ( as many of his admirers belieued ) or rather , that ( after so great charges of warre ) because she was perswaded to pardon Tin-Oen the Authour ; or rather , because that by some whisperings , and Letters from the King of France , she had heard that most of her Nobility in priuate Letters and Messengers curried fauour already with the King of Scotland , adoring him as the rising Sunne , and neglecting her as ready to set . And this certainly she too much belieued , ( by reason of the vice of her Sex , and olde age , which is alwaies suspitious . ) Neither indeed was it a bare suspition in her , for many of her Courtiers , besides some Ladies , who least of all ought to haue done it , by reuolting from her , almost forsooke her ; ( when indeed she was nothing altered in her selfe from what she was , but they onely in their opinion . ) Whether or no it were that they saw her neere her end , or whether or no they were weary with her long Reigne , ( for so pleasing is alteration and change to the nature of man , that there is an irkesomnesse euen of good things of long continuance ; ) or whether or no out of too credulous couetousnesse of nouelties and alterations , they despised the present case , and expe●cted better : some forgetting her but late benefits , and finding fault with the times , it may be out of a Court-mystery , onely to curry fauour with the Successour , and all this , in a halfe opinion and conceit , that the discrediting of the deceased would proue a great delight to the Successour . Insomuch that some vnder this pretence found fault with others , and others propounded the sending for a Successour , whilest the Queene was yet but of sickly health , being run-wayes in minde , though they stayd at home . These things so grieued the Queene , that she accounted her selfe a wretch forsaken , and the indignation of her sicknesse , wrackt out such words from her . THey haue yoaked my necke ; I haue none now to trust : my estate is turned topside turuey . And so witty was their more ciuill disloyalty and treason , that to encrease this great discontent in the Queene , they would put in her head , how that her authority grew weaker and weaker amongst the people , when as onely the people ( alwaies enuying the command and authority of some great ones ) onely complained against the irregular power and might of some , if not aboue , yet growne as great , as the Princesse her selfe . Afterwards , when the rumour began to be common , that her sicknesse encreased , and that she ( as alwayes heretofore she had done ) refused all Physicke ; It is impossible to belieue , with what nimble hast the more zealous , and Papisticall sorts , and all ambitious kinde of men , and flatterers , euery man in conceit to perfect his own hopes , posted night and day to Scotland , both by Sea and Land , to worship the rising King , and to curry grace and fauour ; whose succession indeed the Queene , although , in policy , she forbore in publique to speake of it , yet in her heart she alwaies fauoured ; euen as all men of all sorts , who had cast their affections and eyes vpon him , the apparant Heire of the Crowne ; for all that false rumour of the marriage of the Lady Arabella the Daughter of his Vncle ; for all the French Ambassadour thought to hinder the vniting of both Kingdomes into one Dominion , in one King. About the beginning of March a kinde of numnesse and frowardnesse vsuall to olde age , began continually to possesse her ; insomuch that she would sit and say nothing , eate no meat , and wholly giue her selfe to meditation ; being very impatient if any spake to her but the Archbishop of Canterbury , with whom she vsed very often , and very deuoutly to pray , till such time as her speech failed her : and after that , she willingly heard him , and within her heart prayed , when she could not speake . At which time the Lord Admirall telling the rest of the Councell what the Queene departing from Westminster spake by the way concerning her Successour : it seemed good to them that he , the Lord Keeper , and the Secretary should goe to her , and recall it to her minde againe , signifying that the intent of their comming was to vnderstand her pleasure for her Successour . The Queene almost out of winde , made answere , I haue said , MY Throne is the Throne of Kings ; no ordinary man shall succeed me . The Secretary asking what she meant by those words . I Will , said she , that a King succeed me , and what King , but my neerest Kinsman the King of Scots ? Then being admonished by the Archbishop , to haue her thoughts onely vpon God. I Doe , said she , neither goeth my minde astray from him . And when she could not vse her tongue as an Instrument of prayer , with her hands and eyes she directed to God the deuotion of her heart ; praying euen in this , that she seemed to grieue because she could not pray . Shortly after , vpon the 24. of March , being the Eue of the Annunciation of the blessed Virgin Mary , ( being the very same day whereon she was borne ) being called out of the prison of her flesh , into her heauenly Country , she quietly departed this life , in that good manner of death as Augustus wished for himselfe ; being now in the fiue and fortieth yeare of her Raigne , and of her age the seuentieth ; an age , and a Raigne , to which not any one King of England before her , euer reached vnto . The sad desire of her , which her death bequeathed to all England , was amply paralell'd with the hopes conceiued of the vertues of her famous Successor , who within few houres after her death was ( with the acclamations and ioyfull shoutes of the people ) proclaimed King. But yet let no obliuion euer rot the perpetuity of her fame and glory ; but let her liue in the very hearts of all true Englishmen , and flourish in the happy memory of posterity . Being that she was a Queene , who hath so long , and with so great wisedome gouerned her Kingdomes , as to vse the words of her Successour , who in sincerity confessed so much ; ) the like hath not beene read or heard of , either in our time , or since the daies of the Romane Emperour Augustus . FINIS . AN ALPHABETICALL INDEX , OF THE CHIEFEST MEN OR MATTERS THAT ARE COMPREHENDED WITHIN THIS HISTORY . A AGar Castle in Ireland taken by the Lord Deputy . Page 376 Ainoth in Ireland fortified with a Garrison by Sir Henry Docwray . 349 A●len the Cardinall , his acquaintance obiected to the Earle of Arundell . 4. His mischieuous plots against the Kingdome . 5. His Booke of admonitions . 8. He had a hand in setting out the Booke of Titles , fathered vpon Dolman . 101. His death . 113. He had the bringing vp of Sir Christopher Blunt , afterwards beheaded in the cause of the Earle of Essex . 318 Alane Fergant Earle of Britaine , from whom the right of the Infanta to England should descend . 101 Albert Cardinall of Austria , married to Isabell the Daughter of Philip King of Spaine . 225. He proposeth a peace betweene England and Spaine . 269. His consecrated Sword. ibid. He posteth to Newport . 279. His proceeding there ▪ and ouerthrow . 280. He besiegeth Ostend . 339. He is deluded by Generall Vere about a truce . 341 S. Alberts Fort yeelded vp to Count Maurice of Nassaw . 278 Alenzon , and his German Horsemen vanquished by the Duke of Guise . 19 Alanzon recouered againe by the English , for the King of France . 24 Conde de Altemira intends to succour the Groine . 13. But is preuented by Generall Norris . ibid. America , the expedition of Hawkins thither . 110. Another of Captaine Hawkins , and Sir Francis Drake . 130. Sundry Townes taken there , and fired . 132 Anderson Lord chiefe Iustice of the Common Pleas , angry at the arguing of the Recorder and Cuffe , at his arraignment . 331 Andrada assembles Forces at Puerte de Burgos . 13 Andrew of Austria , the Sonne of Ferdinand , deales for a peace betweene England and Spaine . 251 Anjou dies without issue . 18. Leaues his Brother King. ibid. The Earle of Anguish subscribes to Blankes , to be sent to the King of Spaine . 67. He is prosecuted by the King of Scots . 80 Les Anglois , a by-word vsed by the French , to mocke the English with . 36 The Prince of Anhault Generall of the German Forces . 30 Anne the Daughter of Fredericke the second , King of Denmarke , betrothed to Iames King of Scotland . 25 Antonio of Portugall , his voyage thither with the English. 11. The acclamations of the poore Portugesses at his entrance of the Suburbes of Lisbon . 14. The richer sort will not reuolt to him , 15. which makes the English depart for all his earnest entreaties . 16 D'Aquila arriues with the Spanish Forces at Blawet . 35. He was to succour Crodon the very same day it was taken . 109 He arriueth with the Spanish Nauy at Kinsale Hauen in Ireland , 352. He publisheth the reason of his comming thither , 353. He is beset , ibid ▪ He desires a parley , 357. He is glad to depart Ireland againe , vpon some conditions . 358 Archer a Iesuite , an Agent for the Rebels in Ireland . 350 Arques battell , where the King discomfited the Leaguers . 23 Earle of Arroll , an Agent in a mutiny in Scotland , 2. He subscribes to Blanckes sent ouer to the King of Spaine , 65. He is prosecuted by the King of Scots . 80 Arthington a Disciple of Hackets , 50. His prophesies dedicated to a Nobleman , 5● . He is willed to annoint Hacket with the holy Ghost , 52. He runs about the streets , ibid. He is apprehended , 53. He begins to repent ; and sets forth a a Booke to declare his follies , and true conuersion from them . 54 The Earle of Arundell arraigned at Westminster , 3. The heads of his Inditement , 4. His obseruation , that none could be an absolute Papist but must needs be a Traitour , 6. His answer for himselfe , 7. He is found guilty , 10. His life pardoned by the Queene , ibid. His death afterwards in the Tower. 140 The Admirall of Aragon taken prisoner at the battell of Newport . 281 D'Aumale wounded at the same battell . ibid. The Earle of Argile sent out against some Scottish Earles . 99 Ashton a Minister , and Chaplaine to the Earle of Essex , requested to be still with him in the time of his imprisonment , 321. He comes along with the Earle to the scaffold . 324 Auerley a Riuer in Ireland . 353 D'Aumont not yet come into Britaine , 85. He deceiueth the English of their promise concerning Morlay , 107. which the Queene taketh very ill , 109. He is sent ouer with Marshall Birone into England , 344. and honourably entertained at Basing . ibid. B BAbington a Priest , his confession vrged against the Earle of Arundell , 6. The Queene of Scots commends the Earle of Arundell to him , as the chiefe head of all the English Catholikes . 7 Bagnall Marshall of the Irish Forces , 93. Grudges betwixt him and Tir●Oen , ibid. The reasons about the marriage of his Sister , ibid. He accuseth Tir-Oen , and preferreth articles against him . 118 Ballemure , the House of Feagh-Mac-Hugh , 119. from whence the Lord Deputy driues him . ibid. Baltimore lately possessed by the Spaniard , at the arriuell of Iohn D' Aquila , surrendred againe vnto the English. 358 Bancroft Bishop of London , sent by the Queene to Embden , about a Treaty with the Danes , 284. He effecteth nothing , 285 Banton , a place whether the English Merchants trauell . 285 Bantre in Ireland , rendred vp to the English. 361 Sir Francis Barcley subdueth Glanemire in Ireland . 269 Sir R. Barclay made keeper to the Earle of Essex . 287 Sir Iohn Barclay Campe-Master in Ireland , 356. He is slaine with a Bullet at Moher-lecow Fort. 376 Bainham one of the Earle of Essex complices arraigned , 321. His plea of ignorance , 322. His life bought for money of Sir Walter Rawleigh . ibid. Bacons proceedings in the arraignment of the Earle of Essex . 316 Barlow Doctor of Diuinity , sent to the Earle of Essex the same morning that ●e suffered . 324 Barneuelts Oration in the behalfe of the Low Countries . 205 Barowes , a Secretary , hanged . 79 Basing , a place where the Queene vsed to lye in the Summer time . 344 Sir Thomas Baskeruill made Colonell of the Forces that went into France . 23 Beare in Ireland forsaken , and left to the English. 361 Bennet a Priest , one of the witnesses against the Earle of Arundell . 9 Bere-hauen , that was lately gotten by the Spaniard , surrendred againe vnto the English. 358 Bertrand à Castro sets vpon Hawkins , 111. Hawkins yeeldeth to him on conditions , ibid. His honestie in endeauouring to haue him set at liberty . ibid. Bingham President of Conaught , 41. He vanquished Brian Ororke , ibid. He was sent for ouer into England , vpon the complaints of some of his Prouinces , and committed , 235. but afterwards sent thither againe with greater honour ; where he died presently after his arriuall . ibid. Birone appointed by the King of France to helpe at the siege of Roan , 47. He appeares not , as expected , ibid. He scoffes at the Earle of Essex , for his religious manner of dying , 325. He 's sent ouer to the Queene , 344. His plots against the King , ibid. He is beheaded . 371 Blackwater assaulted and taken by Tir-Oen , 142. He is remoued againe from it . 348 Blackwell the Arch-Priest in England , 368. The Secular Priests detract from his authority . ibid. Bloise , the King is compelled to retire from Paris thither , 19. He causeth Guise then to be slaine . 20 Sir Charles Blunt made Gouernour of Portsmouth , 92. Afterwards Lord Montioy , 117. He is thought vpon by the Queene as a fit man for to be Lord Deputy of Ireland , 237. Essex puts him by it , ibid. After Essex , he is made Deputy of Ireland , 255. See Montioy . Sir Christopher Blunt disswades the Earle of Essex from comming ouer from Ireland with his Army , 244. He admonisheth him to make his way to the Queene , 296. His Office allotted him in assaulting the Court , 301. Hee is arraigned , 327. He requesteth to be beheaded , 332. He suffereth vpon Tower-hill , 334. His confession . 335 Sir Thomas Bodley destinated by Essex for the Queenes Secretary , 168. He is put by by Cecill , ibid. His care in the affaires of the Low Countries , 224. He restores the publike library at Oxford . ibid. Sir Iosias Bodley his proceedings in Ireland . 357 Bullen , the place appointed by the King of France , for a Treaty betwixt England and Spaine , 263. The proceedings therein , 265 , &c. It is dissolued . 277 Cardinall Bourbon committed to prison , 20. He is proclaimed King of France . 22 Henry Bourbon Prince of Dumbare , requesteth aide from England . 35 Sir Iohn Borough Colonell of the English in France , 23. He stayeth Sir William Drewry in a single combat , 24. Hee persueth a Spanish Caracke . 72 The Lord Borough sent Embassadour into Scotland , 81. He is made Lord Deputy of Ireland , in the roome of Russell , 197 He dyeth shortly after . 199 Bothwell an agent in the rebellion of Scotland , 2. He assaults the Kings Court , 63. His second assault , 66. Hee lurketh in England , 80. He is demanded of the Queene , 82. Hee returnes , and is pardoned , 83. He rebelleth againe , 97. His protestation published , 98. He is put to flight . 99 Sir Henry Bromley conueyed by boat to the Tower. 309 Sir Calisthenes Brookes a commander in Ireland . 232 I. Brose Duke of Estampes . 35 Broughton slaine at the Battle at Ostend . 343 Browne Viscount Montague , his death . 76 Buckhurst Delegate in the case of Sir Iohn Perot , 67. He is made Lord high Steward of England , for the hearing of the case of the Earle of Essex , 311. Chancellour of Oxford . 74 Bulles of the Pope sent into Scotland , one to the Clergie , and another to the Laity , 285. Another sent into Ireland to encourage the Rebells , and the forme of it . 256 ●ulloine accused by Birone at the time of his execution , 371. The King sends for him , ibid. He refuseth to come , 8. Appealeth to the Chamber at Castres , ibid. The King complaines of him to the Queene , ibid. Her answer , 372. The French Kings reply . 373 Burgesse a Priest , Letters sent by him to Cardinall Allen , 4. He confesseth the Earle of Arundell of his sinnes . 6 Burghley one of the ●eeres of the Earle of Arundell , 4. Deputed to the keeping of the great Seale , 61. He lamenteth the cause of Sir Iohn Perot , 68. He would not entertaine Don Antonio Perez , 106. He causeth the Queene to call in her monies from the States , 133. His inclination to a peace with Spaine , 217. His presage about the Earle of Essex , 218 His death , 220. The History of his life . 221 Buzenuale sent ouer from France to the Queene , 22. Monies lent the French King on his Bond. 30 C. CAhir Castle taken by the Earle of Essex , before he dispatched into Vlster . 240 Cardinall Caietans endeauours to promote the king of Spaines cause , 24. His successe . 25 Callice besieged by the Cardinall of Austria , 156. It is taken , ibid. the noise of the Ordnance heard to Greenwitch . ibid. Canary in vaine attempted by Captaine Baskeuile . 131 Chancellour of Scotland remoued from the Court by the meanes of Bothwell , 83. Recalled againe . ibid. Carackes espied by Borough , 72. Fired , ibid. Another called the Mother of God , taken by the English , 73. The value of the spoile , ibid. Another assaulted in the Hauen of Cezimbra in Portugall , 361. It yeelds vpon conditions . 363 Carbery reduced into obedience by the two Harueyes , Roger and Gawen . 36● Carboyle assaulted by the Duke of Parma , by which meanes he relieueth Paris . 34 Carew , President of Mounster , 268. His acts there , 269. He surpriseth the titular Earle of Desmond , and arraignes him , 351. sends him ouer to England . ibid. Carew's Embassy into Polony , 191. The matter of it , ibid. What he effected with them of Dantzicke , 192. And with them of Elbing , ibid. He refuseth to receiue Letters for the Queene , because the superscription was not compleatly for her honour . ibid. Carlile the famous Nauigator dyeth . 92 Carigfoile , yeelded vp to the English , by the meanes of Carew . 269 Carlingford slaughter , where many Irish were slaine . 259 Charles King of Sweden , excuseth himselfe to the Queene about complaints of him . 252 Carsey a Commander , slaine in the skirmish at Portugall . 15 Calcayes taken by the English. 16 Casteele , the antiquity of the Kingdome of it . 263 Castillon in France taken by Sir Iohn Norris . 45 Castell Rauen yeelded vp againe to the English. 358 Cauendish , his voyage to the Magellan streights ▪ 59. He dyeth . ibid. Caudobec taken by the Duke of Parma . 70 Charle-mont , a Fort built in Ireland . 375 Clan-Hattens , the Family of them great friends to the Earle of Murray . 66 Clement a Monke killeth Henry of France . 21 Chattroe Gouernour of Deepe . 45 Cherburgh , a Port for the English Nauy to ride in . 44 Clifford made Knight of the order of S. Michael by the King of France , 112. His honour not approued at Rome . 113 Cobham helpeth the Admirall to seize on Essex's garden . 308 Compton dyeth , 27. The Lord Compton besiegeth Essex house , with others . 308 Conde , the Prince of Conde , Heire to the Crowne of France . 19 Counsellours shut vp in Essex house by the Earle , 306. They are let out by Sir Ferdinando Gorge . 307 Counstable accompanieth the Earle of Essex , going to meet Tir-Oen at parley . 242 Copinger a good Gentleman , seduced by Hacket , 51. He is bid by Arthington to annoint Hacket , 52. apprehended , 53. He starues himselfe in prison . 54 Corke Hauen appointed for the Spaniard to enter at . 351 Cowbucke , the name of Parsons the Iesuite . 369 Courtney , a Family from whence Sir Charles Dauers comes . 332 Croft , Sir Iames Croft dyeth , 39. Another wounded . 356 Cromwell accompanieth the Earle of Essex through London . 306 Creicton a Iesuite , his practises in Scotland . 1 Crodon assaulted by the English , 108. Parades Gouernour thereof slaine , 109. It is taken . ibid. Crosse first comes aboord the Mother of God , a Caracke . 73 A piece of Christs Crosse kept in the Monastery of Typarara in Ireland . 255 Cuffe bringeth letters from the E. of Essex to the Queen , 242. The Earle intends to cashiere him , 287. He vpbrayds to the Earle his pu●illanimity , 233. He aduiseth the Earle to breake but to a few , 300. The Earle accuseth him much , 323. He is arraigned , 327. He defends himselfe , 331. His execution , and confession . 333 Culline an Irish man hanged , for being hired to kill the Queene . 105 Cumberland , three of his ships wait for a Spanish Caracke by the Island Flores , 72. He proclaimeth the Earle of Essex Traitor , 306. one of his Peeres . 311 Custome-house farmed by Sir Thomas Smith , 31. The rents raised , ibid. from fourteene thousand pounds a yeare , to fifty thousand , by the meanes of one Caermardine . ibid. D LOrd Dac●es his death . 116 Danes treaty with the English about Merchandize , 283. disagreements betweene them , ibid. A treaty with them at Bremen , 365. An Embassie thither . 224 Danuers commeth ouer with the Earle of Essex from Ireland , being not yet recouered of a wound he had receiued , 244. He is made partaker of all their proceedings , 300. The place in Court allotted for him to seize on , ibid. He is arraigned , 327. desireth to be beheaded , 332. dieth . 334 Darcy of the North , one of the Peeres for the Earle of Arundell . 4 Darcy of Chiche , one of the Peeres of the Earle of Essex and Southampton . 311 Dauis made priuie to the Earle of Essex plots , 301. taunted for a Papist , 329. he excuseth himselfe , 330. he requesteth not to be quartered after his death . 333 Dennis a Commander slaine at Ostend . 343 Derry Castle in Ireland taken by Sir Henry Docwray . 349 Derry fortified by Docwray , and Capt. Morgan . 258 Desmond ; Iames Fitz Thomas created by the Rebells Earle of Desmond , 234. he receiuing honour from Tir-Oen , 255. he is called the Titular Earle , 269. he is persued , ibid. he is taken , 351. sent into England . ibid. Docwray commeth ouer with the Earle of Essex from Ireland , 245. he fortifies Derry , 258. he takes Derry Castle , 349. he is yet neglected , and others preferred before him . 376 Dolman , a Booke set forth by Parsons and others , about the right of the Spanish Infanta , 101. Parsons excuseth it to the King of Scotland . 103 Donegall Monastery taken , 349. it is burnt . 350 Donell Spaniah reduced into order by the English. 268 Dorpe succeedeth Sir Francis Vere in the generall ship of the States Forces . 343 Drake his expedition for Spaine , 10. he is blamed , 15. his expedition into America , 130. he dieth . 132 Drury slaine by Borough in a single combate . 24 Sir Robert Drury helpeth Vere on his Horse , when his owne was slaine . 280 Dudley Earle of Warwicke dieth . 37 Duke sent to relieue the Garrison at Ineskilline with prouision . 117 Dumboy is possessed by Osuilliuant Beare , 359. razed to the ground by the Lord Deputy . ibid. Duncanon Hauen fortified by the Queene . 29 E EAst Indie Company instituted . 285 Edicts or Proclamations against transporting Corne to the French Leaguers , 45. against transporting Corne into Spaine , 59. against the Priests and Iesuites , 60. about making of Ordnance none bigger then Minions , 74. against transporting gold or siluer out of the Kingdome , 255. against Iesuites . 370 Edmonds the Queenes French Secretary , 272. Delegated by the Queene to the treaty at Boloigne , ibid. Earnest for the priority of the Queene , 275. sent ouer into England , ibid. returnes with new instructions from the Queene , ibid. hee is sent ouer into France , to congratulate the Kings health at Callice . 344 Effingham Sonne to the Lord Howard Admirall , 308. he helpeth his Father to seize on Essex Garden by the Thames . ibid. Egerton Sollicitor to the Queene , 8. his proceedings against the Earle of Arundell ; he findes him guilty of treason three times . ibid. Elbing reconciled by Carew , who in his Embassie went thither after he had beene at Dantzicke . 192 Elizabeth , she allayeth a mutiny in Scotland , 3. she was angry at the Earle of Essex voyage to Portugall , 13. the reason , 14. she answereth the complaints of the Ha●se-townes , 18. she aydeth the King of Nauarre , ibid. she aydeth the King of France , 22. she proposeth marriage to the King of Scots , 25. she fortifieth sundry Hauens , 29 she allotteth yearly charges for her Nauy , 30. she raiseth the rate of the Custome-house , 31. her care of the States , 32. she restoreth ships to the Venetians , 33. she maketh peace betweene the Turke and the Polacke , ibid. her obseruation about France , 37. she sendeth Essex into France , 46. her Iurisdiction in spirituall matters is impugned , 54. defended , 55. she visiteth the Vniuersity of Oxford , 74. she calleth a Parliament , 77. the summe of her speech , 78. she sends Borough Embassadour into Scotland , 81. she maketh peace between the Turke and the Transiluanian , 84. she translateth a Booke of Boëtius , 89. her Letter to the king of France , 88 she fortifies Gernsey and Iersey , 91. she sendeth Zouch Embassadour into Scotland , 96. she christeneth Prince Henry , 103. distaste betweene her and the States , 133. the reason of it , ibid. delating about it , 135. it is reconciled , 136. she answereth the Ha●se-townes , 137. her prayer for the Nauy that went to Cadiz , 158. her censure about Honours conferred by a forreigne Prince , 174. her speech to D. Ialine Embassadour from Poland , 188. she striketh the Earle of Essex , 219. she translateth Salust de Bello Iugurthino , 231. and most of Horace de Arte Poëtica , and Plutarch de Curiositate , 231. she is angry at the proceedings of Essex in Ireland , 242. she confines him to his Chamber , 245. she is visited by diuers Princes , and honourable Personages , 297. she would haue pardoned the Earle of Essex , 324. she answereth the Embassadours of Scotland , 337. her speech concerning Monopolies 345. her answere to the King of France , about the Duke of Bouillon , 372. she falls sicke , 380. her Ring sawed off her finger , 381. she dyeth . 383 Embden , the place appointed for a Treaty . 284 English arriue at Portugall , 13. they march to Lisbon , 14. the Spaniards sally forth vpon them , 15. they beate them backe , & returne ▪ ibid. they are subiect to diseases in Spaine , 17. the reason thereof in nature , ibid. they arriue in France to aide the French King , 23. they returne , 24. they receiue an ouerthrow from the Rebels in Ireland , 232. the greatest they euer receiued in Ireland , 233. wearied with the first expedition of the Earle of Essex , 240. they are oppressed with too much tribute by the Danes for passing the Sounds Sea , 285. their valour in France , 24. at the siege of Ostend , 341. their famous victories , 108. their exposing to slaughter blamed by the Queene , 109. their priuiledges of fishing granted by the ancient Kings of Norway , empeached by the Danes , 284. their commendation euen of the Spaniards themselues . 165 England , a more ancient and eminenter Kingdome then Castile , or Spaine . 263 English Merchants , their couetousnesse taxed . 74 Ernest Arch-Duke of Austria , 105. the Queene wisheth him to acquaint his Master the Spaniard with the treacherous plots of Ibarra , and other of his seruants . 106 Espina● ioyneth Forces with Sir Iohn Norris . 85 Essex ioyneth with the English Fleet that was for Portugall , 13. his honour got there , 14. he is sent ouer to France with 400. English , 46. he knighteth too many , 47. he lyeth idle by reason of the Frenches not comming to ioyne , ibid. hee approacheth Roan , ibid. he loseth his brother Sir Walter Deuereux , ibid. he is dispatched into Champaigne , 48. he challengeth Villars Gouernour of Roan , 69. he returneth into , England , ibid. he is made Generall of the Forces that went to Gadez , 156. he throwes away his Hat for ioy , 160. he lands his Forces , 161. enters the Towne , 162. he would expect the returne of the Spanish Fleet at the Azores , 166. but ouercome with most voices , he returnes , ibid. hee is made Generall of the Forces for the Islands Azores , 178. his resolution before he went , 179. the Islands Gratiosa and Flores yeeld vnto him , 183. he returnes , 185. grudges betweene him and Rawleigh , 186. and betweene him and Cecill . ibid. he is made Earle Marshall of England , 187. he is against a peace with Spaine , 217. he writes an Apologie in his owne defence , 218. he is strucken by the Queene , 219. he flings away from the Court , ibid. he is made Lord Deputy of Ireland , 238. the number of his Army , 239. he marcheth to Mounster , and neglecteth his Commission , 240. he parlies with Tir●Oen almost an houre , 242. hee makes a Truce with him , ibid. the Queene s●nds him an angry Letter at it , 243. he is discontented vpon the receit of it , ibid. he returnes vnlookt for to London , 244. kneeles before the Queene at Nonesuch , 245. is committed , 246. to his owne house , 287. he is cited before the Lords of the Councell , and appeares , 288. the Queene denies him his Farme of the Sweet Wines , whereat he is discontented , and entertaines ill counsell , 295. his consultations at Drury house 300. multitudes flocke to Essex house , 303. the Lords of the Councell come thither , 304. they are shut vp , 306. let out , 307. the Earle besieged , 308. he yeelds , 309. is arraigned , 311. condemned , 321. reconciled to Cecill , 322. executed in the Tower , 324. his Elogie . 326 The Lord Euers dyeth . 117 Exceptions against any of a Iury ( in case of Treason ) are vnlawfull . 371 Expedition into Spaine , 10. into Portugall , 13. another to Cadiz , 156. their victory and spoiles , 163. another to the Islands of Azores , 178. Townes taken , 182. and their safe returne home againe . 185 Another Expedition into the East Indies by Ryman , 58. to the Magellan streights by Cauendish , 59. to Guiana by Rawleigh , 129. into America by Rawleigh , 72. to the Spanish coasts vnder Sir Richard Leuison , 361. another into America vnder Hawkins . 110 F FAiall a Towne taken by Sir Walter Rawleigh , 181. Essex angry at it , 182. Rawleigh pleads for himselfe , and at last is receiued into fauour . 183 Fairfax a Commander in the battell at Newport , 281. slaine at Ostend . 343 Feagh-Mac-Hugh sorely persued by the Lord Deputy , 119. his head is cut off by Serieant Milbourne , and sent to Dublin . 155 Ferdinand Carill , delegated by the Spaniard to the Treaty at Bullen . 272 Ferdinand Arch-Duke and Cardinall , Brother to Maximilian the Emperour . 251 Feroll , the place appointed for the English Nauy , to expect the returne of the Spaniards from the Indies . 178 Fernambuc in Brasil taken by Lancaster . 112 Ferrena his treason against the Queene , 103. his confession . 104 Fitzwilliams Deputy of Ireland , 28. he apprehendeth Hugh-Ro●-Mac-Mahon , and arraigned him ; he causeth him to be hanged , ibid. he is recalled ouer into England . 117 Fitz-Thomas created Earle of Desmond . 255 Flemmings Leader of the Horse in Ireland , 232. his valour . 356 Flemming the Queenes Attourney , his accusation of Danuers . 329 A Fleet sent to Spaine , 10. to Cadiz , 156. to the Islands of Azores , 178. to the East Indies , 58. to the Magellan streights , 59. to Guiana , 129. to the Spanish coasts , vnder Leuison . 361 Another Fleet sent to America vnder Sir W. Rawleigh . 72 Fletcher Bishop of London , the Queen discontented with him , and wherefore , 175. he dieth . ibid. Flores the Island yeelds to the Earle of Essex . 183 Flushing in Holland tearmed by King Philip one of the Keyes of the Spanish Empire . 225 Folliot a Commander in Ireland , 355. he is sent home by the Deputy , 376. but first made Gouernour of Ballashanon . ibid. Fonseca one of the Spaniards priuie Councell , and his Embassadour in the Low Countries , del●gated at the Treaty of Bullen . 272 Forts in Ireland , Blackwater besieged , 232. yeelded to the Rebels , 233. at Moghery , 348. and Fort Montioy erected in Ireland , 376. Fort Charlemont , 375. Fort Mont-Norris . 259 Fortescue Master of the Ward-robe to the Queene , 27. a good Graecian , and Tutor to the Queene , ibid. Delegated to heare the cause of Sir Iohn Perot , 67. Delegated againe for the Queene about making new couenants with the States . 223 Fourbisher hath part of the Nauy committed to him by Rawleigh , 72. he expects Generall Norris in the Bay with ten Englishmen of warre , 108. shot thorow the Hip with a Bullet , 109. dyeth at Plimmouth . ibid. France in great troubles , 18. it was to descend to the King of Nauarre ; but the Catholique Princes would exclude him , because he was a Protestant , 19. the holy League in France , ibid. Henry the third of France slaine , 21. the Duke of Maine declared Lieutenant Generall of the Crowne and State of France , 22. her priority before Spaine , 272. why not in the Councell of Trent . ibid. Francis the first of France , incorporated the Dutchy of Britaine to the Crowne of France . 35 French Law , that whatsoeuer is once annexed to the Crowne of France , can neuer be dismembred from it . 35 Fredericke Spinola Leader of some Gallies into Flanders . 252 Fuentes dealeth with Lopez , and Ferreira , and Lowise , about poysoning the Queene . 104 G GAdiz tearmed by King Philip one of the Keyes of the Spanish Empire , 225. the expedition of the English thither , 156. they enter the Towne , 162. their victory and spoiles . 163 Gallies , at their first making caused great admiration , 252. the Queene also makes her some . 41 Gardiner Lord chiefe Iustice of Ireland . 200 Gates knighted at the expedition to Gadiz . 164 Garnet superiour of the Iesuites in England . 368 Garnsey Island fortified by the Queene . 91 Gaueloc the base sonne of Shan-O-Neale , strangled by Tir-Oen himselfe , 40. the reason . ibid. Gaunt Duke of Lancaster his expedition into Spaine , dangerous and hurtfull to the English. 17 Geneua succoured by the Queene , 374. the Commons liberality in contribution , and the Clergies . ibid. Gemeticensis cited against the Booke of Doleman . 101 Gerard , a Knight , witnesse against the Earle of Arundell , 9. the custody of the Isle of Man committed to him , 115. and why , ibid. two ships , St. Andrew , and St. Philip preserued by his care . 161 Gertrudenbergh deliuered vp to the Spaniard by the English Garrison , 11. at which the States are angry with Sir Iohn Wingfield the gouernour of it . ibid. Gill. Mericke knighted at Gadez voyage . 164 Gifford knighted at the expedition to Gadez . ibid. Giffard a Diuine , an English fugitiue . 106 Gilbert knighted at Gadez voyage . 164 Gilpin succeedeth Sir Thomas Edmonds in Councell for the States . 224 Godolphin sent to Don Ivan D'Aquila about his yeelding . 357 Gorge sets the Councellors of the Queene at liberty , 307. a report that he discouered all to Rawleigh . 304 Gordon of Achindon subscribes to Blanks sent into Spaine . 67 Gowries brothers , their treason against the K. of Scots . 286 Goodman Deane of Westminster , 223. ouer-seer of the Lord Burghley's Will. ibid. Glanuile , a Port , nominated for the English , by the French King. 44 Glamise , surprized by the Earle Huntley , 2. he is afterwards dismissed . 3 Glanemire Castle yeelded to the English. 269 Greenuil , Captaine of the Reare-Admirall , 56. he is assaulted , ibid. grieuously wounded , 57. he is sent into the Spanish Admirall , where , within two daies he dies . 57 A Gloue sent to Hawkins , vpon which he yeelds . 111 Gourney taken by Essex and Birone . 47 Graham Fentreé a fauourer of the Spanish party punished . 100 Gratiosa yeelds to the Earle of Essex . 183 Gratley a Priest , Letters of his produced , 6. he reconcileth the Earle of Arundel to the Romish Church . ibid. Graue , a Master of a ship . 183 Greames , his valour in the Irish warres , 269. he certifieth the Deputy of the enemies approach . 355 Lord Grey , one of the Earle of Arundels Peeres . 4 Grey knighted at the expedition to Gadez . 164 Grey of Wilton , an enemy to the Earle of Essex . 245 Gauran a Priest , accompanies Mac-Guire in his rebellion , 93. he is made by the Pope Primate of Ireland , 94. he is slaine . ibid. Greuill helpes to besiege Essex house , 308. he informes the Queene of many that were ignorantly lead into danger by the Earle of Essex . 322 Greene-Castle reuolts from the Queene . 197 Gregory the thirteenth , Bishop of Rome , leauieth an Armie vnder the Duke Mont-Martin , against the K. of France . 44 Groining desireth the Queene to be their Protectrix , she being loth to distast the States of the Low Countries , will not receiue that honour . 32 Groine assaulted by the English , 11. they take the base towne , 12. they assault the high towne in vaine , and depart . 13 Guerch surrendred vp to the English. 85 Guise his valour shewen at Poitiers , 19. he is called the Hammer of the Protestants , ibid. vpon his entry at Paris the King was faine to retire to Bloys , 20. where shortly after he caused the Duke of Guise to be slaine . ibid. Guiana , Rawleighs voyage thither . 129 H HAdington in Scotland , the battle there . 39 Hacket , his education , 49. his reuelation , ibid. his disciples , 50. his hatred to the Queene , 51. he sends his disciples abroad , 52. he is apprehended , and condemned , 53. his blasphemy at the time of his execution . 54 Hamet King of Morocco , promiseth assistance to Antonio , to recouer Portugall , 11. but sends none . 15 Hagan comes to the Earle of Essex for a parley with Tir-Oen , 241. the second time also . ibid. Hanse-Townes , threescore of their Hulkes taken by the English , 16. they complaine thereof to the Queene , 17. their priuiledge granted by King Edward the first , how to be vnderstood , and what clause was in it , 18. they complaine to the Emperour of Germany , concerning the English that breake their Customes and priuiledges , 137. the Queene satisfies the Emperour in that matter by Perkins , ibid. notwithstanding they cease not complaining , 190. they cause the Emperour by Proclamation to forbid all Merchants traffiques in Germany , 191. the Queene dealeth in vaine to suspend this Edict , ibid. Wherefore she also banisheth all the Hanse-Townes men out of London . 191 Haruey knighted at Gadez , 164. he lands with Rawleigh at Fayall . 181 Hatton L. Chancellor of Engl. 60. the Papists commend him , ibid. his death , education , parentage , and preferment , ibid. Harington receiueth an ouerthrow from the Rebels in Ireland . 250 Hawkins his Nauigation to America , 110. he r●acheth the streights of Magellan , ibid. he is taken prisoner , and sent into Spaine , 111. his second expedition , 130. his death . 131 Hay a Iesuite , his practises in Scotland . 1 Haywards booke of the life of Henry the fourth call'd in , 332. exceptions taken at some words in the dedication , ibid. he is imprisoned . ibid. Heneage Chancellour of the Dutchy of Lancaster , dieth , 140. his daughter married to the Finches . ibid. Henebon a Sea-town in France , seized on by the Spaniard . 35 Henry the third of France slaine by a Monke , 21. Henry the fourth proclaimed King , 22. the Queene aides him , 23. conditions betweene them , 44. he is reconciled to the Church of Rome , 86. the Articles proposed to him by the Pope and his Conclaue of Cardinals , 128. he rec●uereth Amiens againe from the Spaniard . 194 Henry la Tour Duke of Bouillon . 170 Henry Prince of Scotland borne , 103. christened by Queene Elizabeth . ibid. Herbert , sonne of the Earle of Worcester , 162. afterwards knighted , 164. Sir Iohn Herbert Secretary . 365 Hesket condemned and executed , for perswading the Earle of Darby to claime the Crowne of England . 91 Heidon followeth Essex towards the Towne of Gadiz . 162 Hill an Englishman sent ouer from the King of Swethland , to excuse him to the Queene . 252 Hobby Ancient at Cadiz . 162 Holland Duke of Exeter . 102 Holcot an English fugitiue , and Iesuite . 106 Holcroft ▪ a Commander in the battle at Newport . 281 Ho●t a Iesuite , promiseth forty thousand Crownes to kill the Queene . 122 Honfleare reduced to obedience to the K. of France . 24 Honorius the Emperour , his obseruation . 68 Honour conferred by a forreign Prince , not to be admitted of at home , 172. and 113 Howard would faine rescue Greenuill , 57. made with Essex Generall of the Fleet for Gadiz , 157. William sonne to the Admirall knighted , 164. Howard of Walden called to the Parliament , 197. Charles Howard Earle of Nottinghams declaration against the Earle of Essex in the Starre-Chamber . 249 Horatio Pallauicine lends money to the Queene , 30. it is demanded of the States to whom it was lent . 133 Hulkes threescore , taken by the English. 16 Dauid Humes slaine by Bothwell . 65 Humes remooued from the Court , and the Lord Humes . 83 Hunsdon delegated in the cause of Sir Iohn Perot , 67. delegated betweene the French and the Queene , 44. his death . 175 Huntingdon , Henry Hastings E. of Huntingdon , dieth . 17● Huntley rebelleth in Scotland , 2. the King persues him , 3. makes him yeeld , and pardons him , ibid. he assaults the E. of Murray in his house , 66. the E. of Murray is slaine , and Huntley thereupon imprisoned , ibid. he subscribes to Blanks sent ouer to the King of Spaine , 67. is prosecuted by the K. of Scots , 80. he flies ouer into France . 100 Hutton remoued from the Bishopricke of Durham , succeedeth Piers in the Archbishopricke of Yorke , 114. he is made President of the Councell in the North. 176 Hugh Boy possesseth the Inheritance of S. Iohn Odogherty's sonne , by the Deputies appointment . 349 Hugh Roe-Mac-Mahon apprehended , and hanged , by the Lord Deputy Fitzwilliams , 41. the reason . ibid. Hugh Odonell escapeth out of prison , 62. hee surprizeth Mont-Rosse Castle , 93. he submitteth , and giueth in Hostages , 146. his complaints . 148 Humphrey Duke of Gloucester first founder of the publique Library in Oxford . 224 Hurst by the Sea side fortified . 169 I IAckson a Commander ●laine in the assault of Crodon . 108 Iames of Scotland the sixt , writes his Booke of Basilicon-Doron , 231. he marrieth Anne of Denmarke , 25. ●he proclaimeth Bothwell traitor , 64. his answer to the Queenes Embassadours , 97. he prosecuteth the Papists , 99. he is accused by Valentine Thomas at the time of his execution , 228. Bookes written on his behalfe . 229 Ibarra his treason against the Queene . 104 Iersey Island fortified by the Queene ▪ 91 Iesuites banished by Proclamation , and Secular Priests . 370 Indy voyage by Lancaster . 58 Infanta , her right to the Crowne prooued by a Booke of Parsons the Iesuite . 101 Ingratitude , a sinne against the holy Ghost . 207 Inglefield a Doctor , had a hand in setting out Doleman . 101 Ineskelline neere the lake Erne , beset and taken by Dowdall , 94. the English Garrison in it besieged by Mac-Guire , and the English that came to helpe them vanquished , 117. it is freed by the Deputy , and a Garrison placed in it . 119 Iohn Don Aquila arriueth with the Spaniards Forces at Blawet in France , 35. he is made Gouernour of the Spanish Forces , and arriues with them at Kinsale Hauen in Ireland , 352. he desires a parley , 357. Articles concerning yeelding to the English. 358 Isabella Daughter to Philip King of Spaine , espoused to the Cardinall of Austria . 225 Iulians Fort well fortified with Ordnance . 15 Iurisdiction of the Queene in spirituall matters impugned , 54 maintained by her Lawyers . 55 K KAkaze sent ouer by the King of Swethland to the Queene , 84. his Embassie . 85 Kerry Doctor of Law prepares to leaue Scotland , 66. hee is stayed by the Scottish Ministers . 67 Kildare an Irish Earle , dyeth . 199 Killegrew of Counsell to the Earle of Essex in France . 46 Kinlosse sent an Embassadour to the Queene of England . 337 Kinsale Hauen in Ireland possest by the Spaniards , 352. yeelded againe by the Spaniards to the Deputy . 358 Kerry , the rebellion allaied there . 360 Knight of Kirry sorely persecuted by Sir Charles Wilmot . 360 Knolles , the Lord Francis dyeth . 175 L LAigny assaulted and ransackt by the D. of Parma . 34 Lamballe in vaine assaulted by the English. 45 Lambard Gouernour of the Garrison at Brenny . 268 Lancaster his voyage to the East Indies . 58 Lancerata taken by the Earle of Cumberland . 226 Lanfranc a Mediatour for a peace between Spaine and England . 251 Lasso taken in the battle at Newport . 281 Latham a Commander , helpes to assault Crodon . 109 La ware restored to his ancient place in Parliament . 196 Latware Doctor of Diuinity , slaine . 2●9 Holy League in France , 19. the summe of it . ibid. Leaguers , they cause a new Seale to be made , 20. they are seconded by faire Parliaments , 21. they are defeated at Arques . 23 Lee apprehended about the priuy Chamber doore , 310. hanged at Tiburne . ibid. Lecalle , the Mac-Genises expelled thence . 348 Leicester a hinderer of Caermardine in the businesse of the Custome-house , 31. the first that preferred Essex to the Queene . 326 Leighton of Councell to the Earle of Essex in France . 46 Leuison sent forth with eight of the Queenes●ships , 361. he assaults a Caracke in Cezimbra Hauen , 362. it yeelds vnto him . 363 Libels made , the case of Balenger about them , 6 more against the Queene in Germany . 84 Liffer Castle seized on by Sir Henry Docwray . 268 Listwill Castle taken . 269 Littleton one of the confederates of the E. of Essex , 301. he is arraigned , 321. he dieth in prison . 322 Lixnaw Castle in Ireland taken . 269 Logh Reagh yeelded vp to the Lord Deputy . 376 Lofthose Archbishop of Dublin . 200 Londoners , their care commended by the Queene . 310 Lopez a lew , his treason against the Queene , 103. his confession , and execution . 104 Louell , Viscount Louell . 346 Lodowike Nassaw hath a troupe of Horse committed to him at Newport battle . 279 Lour yeelded vp to the King of France . 24 Lumley , Lord Lumley , one of the Peeres of the Earle of Essex . 311 M MAc-Baron vseth meanes for Tir-Oen to obtaine the Queenes mercy . 378 Mac-Carty continueth still loyall . 351 Mac-Conell giue caution for their loyalty . 42 Mac-Cowley parlieth with the Earle of Essex . 242 Mac-Dauy his complaints , what they were . 92 Mac-Genises expelled out of Lecalle . 348 Mac-Guire rebelleth , 93. layes siege at Monaghan Castle , 119. commeth with Tir-Oen to parley with the Earle of Essex , 242. is slaine by Warham St. Leger . 255 Mac-Mahons , a great house in Ireland . 41 Mac-Phelim his c●mplaints , what they were . 149 Mac-Swine Fanagh assaulted by Sir Henry Docwray . 349 Madeson a worthy Commander at the battle of Ostend . 343 Magellan streights , Hawkins the sixt that euer reacht them . 110 Mayne made Lieutenant of the Crowne of France , 22. he marcheth against the King. ibid. Maitland Chancellour of Scotland . 2 Isle of Man , a contention about it . 115 Marre , Earle of Marre Embassadour from the King of Scotland . 337 Masse of the holy Ghost , said for the prosperity of the Spanish Nauy . 4 , and 8. Maurice of Nassaw , Generall of the Forces of the States of Holland , 278. his proceedings at the battle of Newport . 280 Medkercke a Low Country man , Colonell . 13 Meilery Creah Archbishop of Casseiles . 62 Meluill comes to demand Bothwell of the Queene . 82 Mendoza , an Agent with the Leaguers for the Protectorship of the King of Spaine , of all France . 24 Merceur , his pretended right to the Dutchy of Britaine . 35 Merchants traffique forbid in Germany . 190 Their couetousnesse forbid by Proclamation . 74 Mericke , one of Essex his retainers , 181. he incenseth the E. of Essex against Sir W. Rawleigh , 182. knighted at Cales voyage , 164. he entertaines all manner of people into Essex house , 296. he is arraigned , 327. his execution at Tiburne . 334 Metz formerly annexed to the Empire of Germany . 36 Milford hauen fortified by the Queene . 29 Mildmay dyeth , 26. Founder of Emanuel College in Cambridge , 27. Antony Mildmay Leaguer in France , 171. his eager expostulation with the King. 194 Ministers of Scotland , their zeale in case of religion . 66 Minshaw , a Commander in the Irish warres . 356 Moherlecow yeelded to the Deputy . 376 Moghery , the Passe of Moghery . 259 Money changed in Ireland . 348 Mont-Martine sent with an Army from the Pope against the King of France . 44 Mont-Pensier appointed to besiege Roan . 47 Monopolies restrained by act of Parliament , 345. the Queenes speech in behalfe of them . ibid. Mother of God , the name of a Caracke . 72 Morley yeelded to the King of France . 107 Morley , Lord Morley , one of the Peeres of the Earle of Arundel . 4 Morney du Plessis , sent ouer to the Queene . 48 Mortimers Earles of March , their possessions in Ireland . 92 Moro giueth to Lopez a pretious Iewell to poison the Queene . 104 Motteé assaulteth Ostend in vaine . 340 Mouie sent ouer to the Queene . 89 Mounson his expedition to the Spanish coasts , 361. his successes . 363 , &c. N NAuarre excluded by the Leaguers , from succeeding in the Kingdome of France . 19 Neale Garue a friend to the English. 376 Neuill called into question , and committed . 336 Newnham Castle taken by the Archduke . 158 New-Castle taken by the Duke of Parma . 70 New-Hauen to be brought to subiection . 46 Newport battle , and the manner of it . 278 Newton , a house of the E. of Huntly , demolished . 100 No-cle the French Kings Embassador Ordinary in England , 44. sent with Letters to the Queene , 48. Delegated for the King. 70 Nombre de dios taken and burnt by the Englishmen . 132 Norfolke , the title of Philip Duke of Norfolke , obiected against the Earle of Arundel . 8 Norris his expedition for Spaine , 10. vndermines the high Tower , 12. meeteth the Forces of the Spaniard , 13. driues them backe , ibid. marcheth to Lisbon , 14. he is sent ouer into France , 45. he is recalled home againe , 85. he is againe sent ouer into France , 107. recalled againe , 109. sent ouer into Ireland , 141. he is too much addicted to Tir-Oen , 144. he parlies with him , 145. Tir-Oen makes a counterfeit submission to him , ib. deluded by Tir-Oen , 152. his death . 198 North , one of the Peerles of the E. of Arundel . 4 Nottingham made Lord Admirall . 187 La-Noue dieth of a wound at the siege of Lamballe . 45 Nowel Deane of Pauls dieth . 374 O O-Brien his complaints , and what they were . 92 Ocean , a discourse about the freenesse of it for all Passengers . The nature of the British Ocean . O-conor Dun , his complaints , what they were . 92 O-Dogherty dyeth . 349 O-Donell his mutinies in Ireland , 62. he surprizeth Montrosse Castle , 93. he submitteth , 146. he is put to flight , 356. he flies into Spaine . 357 O●hanlon , Standerd-bearer to the King in Vlster . 268 O-Hegan made Bishop of Rosse by the Pope , 360. he is slaine in battle . 361 O●maden an Irish rebell besieged by the Deputy . 152 O●my , the Country laid waste by the English. 128 D-Onaw Gouernour of the German forces . 19 O-Neale Garue a faithfull friend of the English , for all his seruice neglected . 376 O●Quine , one of them that parlies with the E. of Essex . 242 O-rals , Rebels in Brenny . 150 Order of sitting amongst the Delegates for Engl. and Spaine . 274 Oroughan an Irish Priest , whose life Sir Iohn Rewet before had pardoned , an Informer against Sir Iohn . 68 Ororke rebelleth , 41. sent into England by the King of Scots , 42. is arraigned at Westminster-Hall , 61. executed at Tiburne . 62 Ostend , the description of it . 340 Osuilliuant Beare seizeth vpon Dunboy Castle . 349 O-Tooles tumultuary kindred giue in H●stages . 268 Ouerall Deane of Paules . 375 Ouington , one that parlies with the E. of Essex . 242 Ouny-Mac-Rory-Og-O-More is slaine . 258 Oxford visited by the Queene in her Progres●e , 74. the summe of her speech at her departure . ibid. P PAget dieth at Brussels . 27 Palmer surprizeth thirteene ships returning from Noua Francia . 45 Panama determined to be seiz'd on by Sir W. Rawleigh , 71. the voy●age of the English thither . 132 Paris the Kings Court there , rob'd , 20. it yeelds vp to the King. 107 Parliament at Paris causeth the Popes Bull to be hung on a gibbet . 45 A Parliament assembled , 77. another assembled , 195. another at Westminster . 344 Count Palatines , who boast themselues to be . 174 Parma , the Earle of Arundel intended to serue vnder him , 8. he entreth France , 34. he takes New-Castle , 70. and Caudebec , ibid. he dieth . 71 Papists banished the Realme in Scotland . 99 Peace with the Spaniard proposed , 210. argued for , 211. against . 213 Peniche in Portugall taken by the English. 14 Pembroke the Earle dieth . 346 Perez the Spaniards Secretary lurkes in England , 106. he is entertained by the Earle of Essex , who made vse of him , ib. his Motto , what it was . ibid. Periam Lord chiefe Baron of the Exchequer . 311 Perkins employed by the Queene , to answer the complaint of the Hanse-Townes , 137. Delegated to Embden . 284 Pero● called into question , 67. the heads of his Inditement , ibid. he is condemned of treason ; but dyeth of a disease in the Tower. 68 Parsons the Iesuite of too intimate acquaintance with the E. of Arundle , 4. he sets forth the booke of Dolemans , 101. his excuse afterwards , 103. abused by his owne Priests . 369 Pharo , a Towne ransackt . 165 Philip King of Spaine dyeth . 225 Pierre-pont Castle in France , in vaine besieged . 47 Piers Archbishop of Yorke , dyeth . 114 Proclamation against transporting prouision into Spaine , 59. against Bothwell . 64 Plague in London , whereof in a yeare there died 17890. people of the City . 91 Po●ters valiantly defended by the Duke of Guise . 19 Polacke , and the Turke reconciled by the Queenes meanes . 33 Pope of Rome sendeth a Bull into Ireland to grant a pardon of all their sins to the Rebels . 256 Popham his proceeding against the Earle of Arundel , 6. he is made Lord chiefe Iustice. 76 Porto-Rico , the voyage thither , 131. taken by the Earle of Cumberland . 226 Portland fortified by the Queene . 169 Powlet Marquesse of Winchester , dyeth . 197 Practises of the Spaniard in Scotland against England . 1 Preston a Captaine burnes the Isle Puerto Sancto . 130 Protections hurtfull to the Common-wealth in Ireland . 234 Prouidence , a ship of the Queenes maintaineth fight with a Caracke three whole houres . 73 Puckering dilates vpon the cause of the Earle of Arundel , 5. he is made Keeper of the great Seale , 61. he dieth . 175 Counterfeit Purseuants and Apparitors , punished . 171 Q QVinpercorentine taken by Marshall D'Aumont , and Generall Norris . 168 Quodlibets by Watson a Priest. 369 R RAtcliffe Earle of Sussex , dieth . 92 Ratcliffe of Orsdall slaine . 241● Ramsey rescues the King of Scots . 286 Randolph a Captaine slaine in France . 85 Sir Thomas Randolph dieth . 38 Rawleigh his expedition into America , 71. to Gadiz , 157. to the Azores , 180. he is called in question by Generall Essex , 182. taken into fauour againe , 183. he grudges the Earle of Essex vpon it . 186 Reaux sent ouer to the Queene , to craue more aide . 46 Rebellion in Scotland , 2. in France , 19. in Ireland extinguished . 379 Religion the cloake of Rebellion . 98 Rewthwens the Brothers of Gowry conspire to kill the King. 286 Rhise Wife to Feagh-Mac-Hugh , her courage . 119 Richardot very importunate for the liberty of Religion for the Low Countrimen . 32 Richard the second his law , concerning the Crowne of England , 9. the poorer sort exempted in his time from Subsidies , which was multiplied on the rich . 3● Rich the Lady , Sister to the Earle of Essex . 296 Riman his voyage to the East Indies . 58 Richmond , the place where the Queene dieth . 380 Ritch one of the Peeres of the Earle of Arundel . 3 Rincurran Castle , the Spaniards droue out from thence . 353 Roe Lord Maior of London dyeth of the plague . 91 Rogers , a worthy Commander slaine at the battle of Ostend . 343 Rohans come to visite the Queene . 298 Roan assailed by the Earle of Essex . 47 Russel made Lord Deputy of Ireland . 117 S SAlique Law in France , what ? 35 Sands one of the Peeres of the Earle of Arundel . 4 Sandford fortified by the Queene . 169 Sansie delegated for the King of France's businesse . 70 Sapena taken in the battle at Newport . 281 Sauages confession vrged against the Earle of Arundel . 6 Sauage , a worthy Commander at the siege of Amiens . 194 Scrope of Bolton dyeth . 76 Shelley condemned for treason , a witnesse against the Earle of Arundel . 9 Sherley a Commander in France , vnder Sir Iohn Norris , 45. made Knight of the order of S. Michael . 1●2 Sidney sent ouer to the King of France , 90. his valour at the battle of Turnholt , 177. put out of pay , wherefore . 182 Silley Islands fortified by the Queene . 90 Sl●ugh . Art , a countrey in Ireland , laid waste by Sir Henry Docwray . 349 Smith Master of the Custome-house , 31. his rents raised by the meanes of one Caermardine . ibid. Smith Sheriffe of London committed to the Tower. 336 Southampton made Gouernour of the Horse by the Earle of Essex , 239. is present at the parley with Tir-Oen , 242. the Queene offended with him , and why , 244. he comes ouer with the Earle of Essex , ibid. assaulted by the Lord Grey in the open street , 299. imprisoned , 309. arraigned , 311. condemned , 321. committed to the Tower. 336 Southwell . 327 Southsey fortified by the Queene . 169 Spencer the famous Poet dyeth . 232 Spinola commeth with Gallies to Scluce , 252. dyeth . 365 Squire his treason , 226. his execution . 228 Steward sent into Germany by the King of Scots . 34 Sussex the Countesse dyeth , 26. the Earle of Sussex dyeth . 92 Countesse of Sutherland Aunt to the Earle of Huntley . 100 Synod at Dunbarre . 98 Somerset Earle of Worcester , sent into Scotland . 33 Stanley Earle of Darby dyeth , 91. another Earle of Darby dyeth , 114. the witchcraft vsed vpon him . ibid. Stapleton dyeth . 231 T TAffe a Captaine in Ireland , his proceedings . 361 Talbot Earle of Shrewsbury sent ouer into France . 171 Thames dryed vp strangely , 75. a discourse about the naturall reason thereof . ibid. The Tearme remooued to Saint Albanes . 91 Tempests raised by Witches . 26 Tesmond a Iesuite , his treason against the Queene . 370 Theodosius the Emperour , his saying . 68 Throgmortons confession vrged against the E. of Arundel . 6 Tyrell Lord of Kerry , 354. put to flight by the Deputies forces . 356 Tir-Oen strangleth Hugh Gaueloc , 40. he is pardoned by the the Queene , ibid. he submits to Norris and Fenton , 145. he presents his grieuances before the Earle of Ormond , 200. he hath a Fether of a Phoenix sent vnto him by the Pope of Rome , 248. he is remoued from his fort at Blackwater , 384. he ioyneth Forces with Alphonso Don-Ocampo , conducter of the Spaniards , 354. he is put to flight , 356. his last and absolute submission to the Queene . 379 Toul formerly a part of Germany . 36 Tours , the Parliament at Tours causeth the Bull of Pope Gregory to be hanged , and burnt on a gibbet . 45 Tragedy of Richard the second acted before the Conspirators , by the meanes of Sir Gill. Mericke . 332 Treaty at Boullen , 263. at Embden , 284. at Bremen , 365. breakes off . 367 Truces in Ireland very hurtfull , and why . 146 Turlogh Lenigh a great man in Ireland , 41. he dieth . 94 Turnholt battle . 177 Turke and the Polacke reconciled by the meanes of the Queene , 33. and with the Vayuod of Transiluania , by her meanes too . 84 Twomound the Earle , an indiuiduall companion of S. George Carew , who stood him in great stead . 269 V VAlerian's saying about conferring Honour . 173 Vallelodid , the English Seminary there . 60 Valentine Thomas accuseth the King of Scots , at the time of his execution , 219. he is repriued . ibid Vayuod of Moldauia beholding to the Queene , 33. and the Vayuod of Transiluania . 84 Vere made Gouernour of the Brill , 168. his valour at the battle of Tournholt in Brabant , 177. he is made Gouernour of Ostend , 340. his successe there . 342 Vendosme taken by the English. 24 Verdune heretofore belonging to the Empire of Germany . 36 Veruins , the Treaty there . 208 Saint Victors in Paris . 23 Vigo a Towne fired by the English. 16 Villa-Franca taken by t●e English. 185 Villars Gouernour of Roan , challenged to a single combate by the Earle of Essex . 69 Vitruvius his obseruation about diseases in Armies . 17 Vmpton the Queenes Leaguer in France , 127. he dyeth there . 171 Vniuersity founded by the Queene at Dublin . 62 W WAlton bringeth in euidence against Sir Iohn Perot . 68 Wallop Treasurer of the Army in Ireland . 142 Walsingham a hinderer of Caermardine in the businesse of the Custome-House , 31. he dyeth . 37 Warwicke dieth . 37 Weston a Priest , alias Burgesse . 4 Wentworth , Lord Wentworth dyeth , 40. another Lord Wentworth dyeth . 92 Willoughby sent ouer into France , with Forces to aide the King , 23. sometimes Gouernour of Normandy . 24 Wilford one of the Colonels of the English in France . 23 Wingfield Gouernour of Geertrudenbergh , 11. hee assaults the base Towne at Groine , 12. dyeth . 108 Wilkes sent Embassadour into France , 86. he dieth in France . 203 Westmerland , a factious Earle . 42 Wiginton a Minister , one of Hackets confederates . 49 Whitaker of Cambridge dyeth . 140 Williams passeth ouer to Deepe with 600. English , 45. his braue behauiour in France , ibid. his challenge , ibid. his commendations to the Queene . 70 Wilmot made President of Corke . 352 Williams sometimes Secretary to Sir Iohn Perot , one of his chiefe accusers and informers . 68 Williams a Traitour , apprehended , 105. executed . 122 Wolley d●legated in the cause of Sir Iohn Perot . 67 Worthington a fugitue Diuine . 106 Whitfield Chancellour of Denmarke ▪ his Embasie into England , 193. Delegated by the King to Embden . 284 Wray Lord chiefe Iustice , dyeth . 76 Warham St. Leiger slayeth Mac-Guire . 255 Walpole maketh Squire vndertake to poison the Queene , 227. he is accused for it by Squire at his execution , 228. he writeth a booke , wherein he for sweares the matter . ibid. Y YAxley , A famous Commander in the battaile of New-port . 281 Yorke sent ouer to the King of France . 43 Yurie in France , the Leaguers discomfited there . 34 Yuecot in France , the Leaguers there discomfited . 76 Yorke a Traitour apprehended , 105. he is executed . 122 Z ZAnziber the place where Lancaster wintered . 59 Zeile thither came Lancaster also . ibid. Zelanders , the Queene offended with them , and wherefore . 32 Zouch s●nt Embassadour into Scotland . 96 Zutphen Fort recouered by Sir Francis Vere . 168 FINIS . AN APPENDIX : CONTAINING ANIMADVERSIONS VPON SEVERALL PASSAGES , CORRECTIONS OF sundry errours , and Additions of some remarkable matters of the History , neuer yet imprinted . RObert Bruce a Priest. ] Whether or no hee were a Priest , is somewhat vncertain ; but , which giues some probability to the matter , certaine it is , hee had his education vnder the Iesuites beyond Sea ; and the occasion of his comming to Scotland , was in this wise : Philip King of Spaine presently after the death of Mary Queene of Scots in England , willed the Duke of Parma ( the Gouernour of his Forces in the Low Countries ) in his name to promise to the King of Scots both money and munition good store , if so be he would attempt the Queene of England , and her Dominions , to reuenge the death of his Mother the Queene of Scots . The Duke of Parma to effect● this businesse , sends ouer this Robert Bruce , or Brusse , a Scottish man by birth , and of a Noble Family , with great summes of monies , the better to quicken his purposes . It chanced that at the very same time ( by the appointment of Sixtus Quintus Bishop of Rome ) the Bishop of Dublin also was dispatched ouer thither , to promise to the King of Scots the Infanta of Spaine in marriage , if so be he would but change his Religion , and turne Catholique . But the Bishop ( by reason of the faithfull loyalty and industry of the Chancellour Metellan , to whom the King owed the preseruation of himselfe and Kingdome from destruction ) being frustrated of his hopes , returned home againe with little thankes for his labour . Amongst those whom he retained at the time of his comming ouer , was one William Creicton a Iesuite , and a Scottish man too , who had heretofore beene Rector of the College of the Iesuites at Leiden : who , seeing his Bishop come short of his expectation , determined to stay behinde himselfe , to see what hee could doe with some of his friends there . The first whom euer he broke withall concerning his minde , was this Robert Brusse , whom he would faine haue perswaded to haue murthered the Chancellour of Scotland , who , as he said , alone nullified and dispersed all their plots and machinations . Brusse being startled with the horrour of so ●oule a deed , absolutely denied to consent thereunto as a cruell and vnconscionable demand . Afterwards ( the King and the Chancellour both being inuited to a Banquet by a Nobleman of Scotland , but much addicted to the Romish Religion ) this same Creicton assailes Robert Brusse againe , that if so be he himselfe would not doe the businesse , he would giue him some of the Duke of Parma's money , to giue to the Nobleman , where the Banquet was , to tempt him to the fact . But Brusse also denied that , alleaging , that he had other businesse to doe there with the monies ; and also , that if it should be done , it would be a great scandall and disgrace to them , and occasion of their greater feare . After many other passages , the Iesuite Creicton at last was very instant with the said Brusse , if so be hee would haue no hand in the businesse , to deliuer to him the fifteene hundred Crownes which hee receiued of the Duke of Parma , to distribute amongst three of the Scottish Nobility , that should vndertake and effect the businesse ; by which meanes all scandall and feare should be remooued from them , as hauing nothing to doe in so foule a murther . But Brusse was very loath also to condiscend euen to that , esteeming it an equall ●inne to commit one , or hire another , to a murther . Insomuch , that at last , after the death of the Duke of Parma , He accused this Brusse for a Traitour , because indeed hee would not commit treason ; whereupon poore Brusse was imprisoned for fourteene moneths , and had much ado● a● last to regaine his liberty . They that desire information in more particular circumstances , may aduice with Lodouicus Lucius , where they may haue the story at large ; in these words dilated on . Rex Hispaniarum Philippus haud dii● post mortem Mariae Regi●● Scotorum , Duci Parmensi , Gubernatori suo in Belgio , mand●rat , vt suo nomine , Regi Iacobo Scotiae , pecunias & exercitum adversus Regin●m Angliae promittere● , quo facilius Matris mortem ulci●ei poss●● ▪ ●â de causâ Parmensis Nobilem Scotum Robertum de Brusse , qui ● iuventute apud Iesuit as educatus fuerat , in Scotiam multa cum pecunia ablegauit . Eodem tempore advenit etiam in Scotiam jussu Six●i Quin●i Pon●●●ieis is Romani , Dublini Episcopus , qui Infantem Hispanicam Scotiae Regi in matrimonium offerret ; sed eâ conditione , si Romanam Religionem amplecti vellet . In hujus Episcopi comitatu fuit etiam Iesuita Gulielmus Creictonus Scotus , qui Lugduni aliquamdiu Rector in Iesuitarum Collegio fuerat : Repulsam autem passus Episcopus , consilio , virtute , & fidelitate Iohannis Metellani Magni Cancellarij Scotiae , ( qui Regi suadebat ut sibi ab hujusmodi dolis & fallacibus promissis caveret ) domum reversus est : post cujus discessum mansit in Scotia Creictonus Iesuita , & Brusseo sese junxit : eique persuadere conatus est , ut Cancellarium obtruncaret ▪ quod molitionibus Iesuiticis , eor●mque parricidijs , vel solus resisteret . Ad quae Brusseus totus exhorruit : ejúque postulatis iniquis & crudelibus consentire noluit . Post modum , cùm à Magnate quodam Pontificio Rex una cum Cancellario suo ad convivium invitatus esset , hortatur Iesuita Brusseum , det sibi pecunias , quibus Magnatem illum conciliaret , ut Cancellario è medio tollendo operam praestaret . Sed & hoc Brusseus negat ▪ non solum , quod alijs de causis Legatum ibi ageret ; verum etiam propter magnum dedecus , atque periculum quod exinde metuendum esset . Regem enim imprimis id pessime laturum , si latrocinium id non modo presente ipso , s●d etiam in tali viro patraretur , cui Rex ob fidem & prudentiam singularem intimè faveret : ade●que Regem contra Catholicos , tanquam● sicarios & latrones , Deique & hominum nefarios proditores , irritatum iri , quos tamen ille adhuc gratiosè benignéque ●abuisset . Ad quae Iesuita Brusseum rogat , det ergo solum 1500. Coronatos , quos à Parmensi accepisset , tribus Nobilibus , qui in necem Cancellarij conjurârint ; ita ut non multum indè scandali oboriri possit . Sed ne hoc quidem sibi per suaderi passus est Brusseus , inquiens , unum & idem esse , siue quis suâ manu int●rficiat aliquem , siue pecunia conducat alium , ad caedem faciendum . Et quoniam quaestio esset , Quaratione Catholica Religio promoveri deberet ▪ Totam potiùs illam deperditum iri , si per latrocinia quis promovendam susciperet , tanto cum omnium offendiculo , ipsiúsque sancti Iesuitici ordinis perpetua infamia . Iesuitam verò acriùs adhuc instantem rogat Brusseus , num ergo bona conscientia ipse in facinus ejuscemodi consentire posset ? aut num Iesuita secum ea in re dispensaret ? Respondet Creicton ; caede patratâ , si ad se confessurus veniret , tum se ipsum absoluturum esse . Cui Brusseus : siquidem confessione sibi opus foret , utique prius peccandum esse : I am verà incertum esse utrum Deus post commissum illud peccatum , sibi gratiam eam facturus sit , ut confiteri queat . Credere se , confessionem mali , quod destin●to proposito fiat , parum profecturam : ideòque in huj●sce modi periculum se conijcere nolle . Ita ergo tum , Iesuita ille cum suo parricidiali consilio frustra fuit : sed egregie posteà id in Brusseo vindicavit . Mortuo enim Parmensi , & Comite Fuente Hispano Albani Ducis nepote , in ejus locum subrogato , Creictonus Brusseū apud hunc accusat , primùm , quod pecunias Regias malè dilapidasset : deindè , quod Proditor esset , quia pecunias ad caedem Cancellarij Scotiae procurandā , denegasset . Atque id maximū , in Iesuitico hoc regimine , peccatum fuit : ob quod , miser Brusseus in carcerem conijcitur , & menses quatuordecim in eo detinetur , ac tandem quidem inde liberatur . Iesuita interim impunitus evadit : ut nulla , vel honoris vindicandi , vel ignominiae referendae , vel damni recuperandi , ratio illi superfuerit . Pag. 2. Lin. 4. The Naturall Sonne . ] By Naturall Sonne , is vnderstood the Base Sonne , or Bastard Sonne ; for the word Naturalis is more often vsed in the worse then in the better sence , although there are many other words also , which signifie as much : as Nothus , Spurius , Illegitimus ; nay , and the word Bastardus also , which is sometimes vsed by ancient Historians , as by our Matthaeus Westmonasteriensis , in his Flores Historiarum , lib. 2. fol. 180. Rex Siciliae supradictus , fuit filius , sed Bastardus Petri , quondam Regis Arragoniae . And by the Authour of the Paraleipomena Rerum Memorabilium , added to Conradus Abbas Vrspergensis , who vseth the word twice in one sentence ; Papa ( saith he ) fautor Bastardorum , pro quibus longissimam , ferè trium horarum prolixam fecit orationem , dum Ferdinandi Bastardi laudes Mantuae personaret . The word Naturall is also to be vnderstood in the same sence in the 40. page of this Booke , and the 12. line . Pag. 11. Lin. 25. Landed within a Mile of the Groine . ] Groine is the vulgar word , and best vnderstood : the true name is Corunna , a port Towne in Galitia , or as others Galecia ; which by Ptolomy is tearmed Flavium Brigantium ; and by Antoninus , Brigantium onely . It lookes into the Cantabrian Sea : It is exceeding strong , and the chiefe Bulkwarke of all Galitia , and the Northerne parts . It is diuided into High and Base Townes , which are seuerally fortified ; of which there is mention in the passages of this History . Pag. 14. Lin. 19. Vp the Riuer Tagus . ] By that name the Riuer may well enough be vnderstood , although there are more ordinary names amongst the Inhabitants , as the Riuer Teio , as the Portuguesse call it ; or Taio , as those of Castile . Pag. 14. Lin. 27. The Suburbs of Lisbone . ] The Genuine name which the Inhabitants thereof vse is Lisboa , corruptly Vlissipona : which by Pliny was called Foelicitas Iulia : Oliosypon by Ptolomy : Olisipon by Antoninus : Olyssippo by Solinus . It was once a Municipium of the Romans ; and afterwards made a Kingdome of the Moores ; afterwards the Seat of the Kings of Portugall , being first surprized by Alphonsus the first . It is now onely the Seate of the Archbishop , scituate vpon the right shore of Taio , and some fiue miles from the Ocean ; and with the Suburbs and all is about seuen miles in compasse . Much ouer against this Citty is the Promontory de Sancto Vincente , named from the reliques of that holy Martyr , which were brought thither by some persecuted Christians : but by Strabo and Ptolomy called Promontorium Sacrum , wherein ( as many graue Authours , though in this case very fondly , conceiue ) there are certain Mares which at a set time conceiue by the winde , and bring forth Foales , but they neuer liue about three yeares . Of this opinion ( although it neuer deserued so many Patrons ) were Colu●●ella cap. 15. lib. 7. Plin. lib. 8. cap. 42. Lactant. lib 4. cap. 12. and Varro lib. 2. cap. 1. whose words the Reader may poise if he please . Res est incredibilis in Hispania , sed vera , saith he , quòd in Lusitania ad Oceanum , in ea regione ubi est oppidum Olysippo , Monte Sacro , quaedam è vento certo tempore concipiunt Equae , ut his Gallinae quoque solent , quarum Ova Hyponemia appellant : sed ex his Equis nati pulli non amplius tri●nnio vivunt . Varro de Re Rustica . Nay , Pliny comes in with his Constat , as if he were very sure of the matter . Constat ( saith he ) in Lusitania circa Olyssipponem oppidum & Tagum amnem , Equas Favonio flante obversas animalem concipere spiritum , idque partum fieri , & gigni pernicissimum ita , sed triennium vitae non excedere . Pag. 21. Lin. 6. Iaques Clement , a Monke to murther him . ] This is that murther which gaue the first breath to the damnable doctrine of King-killing : which first quickened from the mouth of Antichrist himselfe , and after that ▪ budded in his subordinate Impes , the Iesuites : for assoone as this horrible murther was committed , and the newes of it flowne to Rome , our Lord God Sixtus Quintus could not but bewaile the Kings death , in this lamentable Elegy ; Facinus hoc esse ( which before he had stiled Rarum Insigne , & Memorabile ) Non sine Dei Opt. Max. particulari providentia , & dispositione , & spiritus Sancti suggestione , designatum ; & longé majus esse , quam illud S. Iudith , quae Holofernem è medio sustulit . This sparke did quickly kindle , and what effect it tooke , you may easily iudge by this of the Iesuite Franciscus Verona Constantinus , in his Apology for Iohn Casteele , &c. Cum eo tempore intolerabilis factus sit Rex , condemnatio Clementis , neque de Iure , neque de Facto comprobari potuit : propter tyrannidem Henrici Regis contra Statum & Ecclesiam , tàm quoad homicidium Blesis perpetratum , quàm hostili impetu hodierno , quo ad oppressionem religionis est prolapsus , mactando Sacerdotes , profanando Sacramenta , repudiando censuras , & fauendo haereticis . Quibus de causis totum se priuatum reddidit , & subjectum utrique Iuri , tam Civili , quam Canonico . Actio igitur Clementis neutiquam Illicita fuit : quippe quae perpetrat● contra hostem publicum , & condemnatum Iuridicè ▪ in 〈◊〉 omnis obligatio reverentiae atque debiti , sublata fuit● Part. 2. cap. 2. &c. I cannot but English it . The King being become now absolutely intolerable it was neither lawfull de Iure , or de Facto ▪ to condemne this act of Clement ▪ by reason of the tyranny of this Henry both in the Church and the Common-wealth ; and not onely by reason of those horrible murthers he caused at ●loys ▪ but also , by reason of his oppressing Religion , murth●ring of Priests , prophaning the Sa●raments , re●using submission to Ecclesiasticall censures , and openly fauouring of Heretiques ; by which meanes he became onely a priuate man , and subiect both to the Ciuill and Canon law . And that vpon these considerations , this act of ●lement , could not be iudged vnlawfull , being committed vpon the body of him that was an open enemy , and Legally condemned ; and from whom all obedience and alleagiance of his Subiects was taken away . I know that some of their Historians would make the world belieue that his Clement did the deed , without any instigation , but of his owne Genius ▪ and of that opinion is Platina , or Cicarella rather adioyned to him ; and he would make it also the common opinion , Communis erat opinio ( saith he ) ●um à nemine ad hoc factum subordinatum ; sed à s●ips● postquam duobus aut tribus mensibus in hoc animi concept● persev●raverat , ad hoc ar●uum opus permotum esse & instigatum ; post jejunia longa , post orationes ad Deum continuas , sese certissimum hoc periculum adijsse , &c. in vita Sixti Quinti , pag. 480. But there Iohannes Mariana a Spanish Iesuite , one that hath made the best of this deed , that euer any could , is not yet of that opinion ; who in a Narration and prosecution of the Story saith : Cognito à Th●ologis quo●●●at sciscitatus , Tyrannum iure interi●i posse , &c. For this Iaques Clement , although he had often premeditated the matter with himselfe , yet at length he imparted it to some Diuines , who concluded that it was lawfull for him to doe it , because it is lawfull for any man to kill a King that is a Tyrant , Marian. lib. 1. de Rege & Regis Institutione , cap. 6. pag. 53. So little doe they regard the express● Canon of the Councell of Constance to the contrary , of Si quis Tyrannus , &c. which doth strictly forbid any man either by deceit , or policy , or open armes to take away the life of his Prince , yea , though he be a Tyrant . Pag. 32. Lin. 6. Which we call Pound-men . ] In the Originall the words are , The Pound-men : but both the Translation , and the Originall are false : for the words should be thus ; which we call the Three-pound men ; as may appeare in the true Manuscript of Mr. Cambden himselfe ; as also , because that the words may very well be so , by reason that no man is a Subsidy man , whose goods are valued vnder the rate of Three-pounds : at which rate most of the meaner sort valuing their goods and estates , gaue occasion of the name to be called Three-pound men . Pag. 35. Lin. 29. In the Reigne of Francis the first . ] For indeed , Francis the first , King of France , and the third of that name , Duke of Britaine , in the right of his wife Claude , that was eldest daughter to Lewis the twelfth ▪ King of France ▪ and Anne , in the yeare of our Lord God 1532. with the consents of the States of Britaine , inseperably vnited the Dukedome of Britaine to the Crowne of France . Pag. 36. Lin. 13. That this businesse concern'd her more then that of Edward the third . ] P●●er de 〈◊〉 ▪ in the right of his wife Alice daughter of Constance by the second marriage , was the first that ( being Duke of Britaine ) made that Dukedome subiect vnto the Soueraignty and homage of the French Kings . After him was Iohn the first , Sonne to Peter de Dreux ; after him Iohn the second , Sonne to Iohn the first ; after him Arthur the second , Sonne to Iohn the second ; after him Iohn the third ▪ Sonne to Arthur the second . This Iohn the third● dying without he●res , caused the Right to the said Dukedome to be controuerted betweene Iohn Earle of Montfort , the younger Sonne to Arthur the second , & Charles de Bloys , Husband to Ioane la Boi●●use , Daughter to Guye second Son to Duke Arthur the second , Edward the third King of England , aided the first , to wit , Iohn Earle of Mont●ort : and Philip de Valoys King of France , aided the other , to wit , Charles de Bloys ▪ to maintaine his warres . But neither side yet prenailing , it chanced that Iohn of Montfort died , whose Sonne Iohn the fourth ( surnamed the Valiant ) after the decease of Charles de Bloys , who was ouerthrowne by him , and the valour of the English that assisted him , at the battaile of Auray , became sole Duke of Britaine , and so the controuersie ceased . Pag. 39. Lin. 22. Iohn Basilides Emperour of Russia . ] The familiar Translation of these words , in the Language which Merchants and Trauellers in those Countries vse , is ▪ ●van Vasilowicke , Emperour of all Russia ▪ although indeed , before Basilieus , Father to ●van , that first tooke vpon him the title of Emperour , they were only stiled great Dukes , and not Emperors ; but now , they stand much vpō their stile ▪ and will scarcely admit of any conference or negotiation either with their owne , or strange people , vnlesse they vse before the vttering of their businesse , their whole title from the beginning to the ending ; which runnes after this manner . Ivan Vasilowicke , by the grace of God , great Lord and Emperour of all Russia , great Duke of Volodemer , Mosco , and Novograd , King of Cazan , King of Astracan , Lord of Plesko , and great Duke of Smolensco , Bulghoria , &c. Lord and great Duke of Novograd in the Low Countries , of Chernigo , Rezan , Polotskoy ▪ Rostoue , Yaruslauely , Bealozera , Liefland , Oudoria , Obdoria , and Condensa ; Commander of all Siberia , and of the North parts , and Lord of many other Countries , &c. This Emperour is of most absolute and entire authority himselfe : he suffereth not any Iurisdiction in matters Iudiciall , to be held by any of his Subiects , not so much as by Cha●ter ; but all is at his own pleasure and appointment . Nay , to shew his soueraignty ouer the liues of his Subiects , ( in his ordinary walkes ) if he had misliked the face or person of any man whom he met by the way , or that looked vpon him , he would command his head to be strucke off ; which was presently done , and the mans head forthwith layd before him . Pag. 39. Lin. 17. Earle of Shropshire . ] Reade , Earle of Shrewsbury : for that is his peculiar & proper title . This George Talbot was the sixt Earle of Shrewsbury ; the Sonne of Francis Talbot , that was the Sonne of George , that was the Sonne of Iohn the second Earle of Shrewsbury , that was the Sonne of Iohn , the first of that Name that was created Earle of Shrewsbury , in the dayes of Henry the sixt ; who being slaine in the battaile at Bourdeaux , hath this honourable Elogy grauen on his Tombe : Here lyeth the Right Noble Knight Iohn Talbot Earle of Shrewsbury , Earle of Weshford , Waterford , and Valence , Lord Talbot of Goodrich , and Orchenfield , Lord Strange of Blakmer , Lord Verdon of Acton , Lord Cromwell of Wingfield , Lord Louetoft of Worsop , Lord Furnivall of Sheffield , Lord Faulconbridge , Knight of the Noble Order of St. George , St. Michael , and the Golden Fleece , great Marshall to King Henry the sixt , of his Realme of France : who dyed in the battaile at Bourdeaux 1453. A multitude of Titles indeed , which many perchance in this Age may paralell , but few deserue . Pag. 40. Lin. 3. His latter Wife Elizabeth . ] Adde these words , The Daughter of Iohn Hardwike of Hardwike in Derbishire , Esquier ; which were omitted by reason of the imperfections of the words in the Originall . Pag. 40. Lin. 12. Hugh Gauiloc , &c. accused Hugh Earle of Tir-Oen . ] It is reported by some Historians , that pretend to haue good ground for what they write , that not this Hugh-Ne-Gaviloc bastard Son to Shan-O-Neale , but Con-Mac-Shane the true and legitimate Sonne of Shan-O-Neale , exhibited these Articles against Tir-Oen . But there is a way to reconcile both opinions , which may be thus . That the Petition was exhibited by the hands of Hugh-Ne-Gaviloc , but in the behalfe , and in the name of Con-Mac-Shan ; and so there is no falshood or errour in the story . Pag. 40. Lin. 24. Where hee pro●essed a peace , &c. ] The words in the Originall runne very obscurely , thus pointed , and spelled : Corámque ipsa , ad Regiam Grenuici Honorem ut Nobiles solent , potestatus sanctissime in se recepit , pacem , &c. Of which words , it was very long before I could tell what to make off ; by reason that I expected some more then ordinary signification in the word Potestatus , being printed in both the Editions of Mr. Cambden , in a different Character , and being referred in the Index of the Booke , vnder the letter H , with Honor potestatus . But it was not onely the errour of the Printer , but euen of the Manuscript it selfe , which I haue seene ; and vpon good aduice iudge it thus to be corrected : Corámque ipsa , ad Regiam Grenvici , Honorem , ut Nobiles solent , protestatus , sanctissime in se recepit , &c. Which may be rendered thus ; Where he protested vpon his Honour , as the Noblemen vse to doe before the Queene , that hee would keepe peace with all his Neighbours , &c. Pag. 41. Lin. 18. ( as the Irish complaine ) condemned and ●anged him . ] This Hugh-Roe-Mac-Mahon was Brother to Mac-Mahon , Chieftaine of Monaghan , who in his life-time surrendred his Countrey of Monaghan , ( which hee held by Tanistry the Irish Law ) into the hands of the Queene , and receiued a Re-grant of it againe vnder the great Seale of England , to him and his Heire males , and for default of such , to his brother Hugh-Roe-Mac-Mahon , with other remainders . Shortly after , Mac-Mahon dying , this Hugh came vp to the state , that hee might bee setled in his inheritance , and become the Queenes● Patentee . But it seemes , as the Irish say , hee could not be admitted to his Right , till hee had promised to giue about sixe hundred Cowes ( for such only are the Irish bribes : ) shortly after , for failing in some part of this payment , he was imprisoned , and within few dayes after , set againe at liberty . But , not long after , vpon his very entrance into Monaghan ( where he thought the Lord Depuputy would haue se●led him in his possessions ) hee was clapt vp , indited , arraigned , and executed , all within two daies . The Irish say , he was found guilty by a ●ury of none but Souldiers , and that of them foure●English Souldiers onely were suffered to goe vp and downe at pleasure , but the rest being Irish , were kept streight , and to be sterued , till they found him guilty . The Treason , it should seeme , for which he was executed , was , because some two yeares before , hee pretending a Right due vnto him out of the Ferney , vpon that , leuied his Forces , marched thither in a warlike manner , and made a distresse for the same ; which indeed , in England may be thought treason perhaps , but in Ireland neuer before acquainted with subiection to any Law , it was thought but a poore offence . Pag. 44. Lin. 32. Pope Gregory the thirteenth of that name . ] This is an errour in both the Latine Editions ; for Pope Gregory the thirteenth was dead long before this time . It must needs be mended therefore thus . Pope Gregory the fourteenth , who at that time was Bishop of Rome : of whom their Cicarella writeth in this manner , thus . Non multo post tempore constituit generalem S. Ecclesiae Comitem Sfondratum Nepotem suum , eúmque cum exercitu in Galliam misit ; ad quod bellum Gregorius dicitur , quinquies centena aureorum contribuisse , praeter alia quadraginta millia , è proprio suo peculio desumpta . Sea antequam nepotem suum in Franciam mitteret , dedit illi uxorem , filiam principis Massae , quo de matrimonio agi caperat , priusquam ad Pontificatus fastigium erat assumptus : nunc autem continuatum est , & conclusum . Creavit etiam illum ducem montis Martiani , qui status , eo quod magnus Dux Florentinus Alphonsum Piccolominaeū , sibi & Ecclesiae Rebellem , captum supplicio sceleribus suis digno è medio abstulerat , per confiscationem vacabat , &c. His Holinesse belike was very eager for the promotion of the Catholique cause in France , when he could be willing to contribute to a warre in that behalfe , no lesse then fiue hundred thousand Crownes , besides fourty thousand more out of his priuate Coffers . I wonder ( indeed ) how he should be of so hot a spirit , that vsed so coole a dyet ; for ( as the same Authour obserues on him ) for eighteene yeares together hee dranke nothing but faire water , Cicarella in vita Greg. 14. pag. 499. Pag. 49. Lin. 27. Much giuen to reading the Scripture . ] Here some words should haue beene interserted , which indeed are omitted also in the Latine Editions ; but are vpon reuiew put into the originall Manuscript , which I haue perused . The words are these : Antè omnia verò miro & peregrino quodam fervore preces fundebat , in faciem concidens , & veluti extasi correptus , & cum Deo quasi expostulaus ; Attamen unum ex ejus asseclis caeteris fortè perspicatior●m , abaliena vit formula quadam orationis quae illi erat familiaris : Nam cum omnes soleant Dei presentiam in invocando implorare , Illesolus De●m rogare consueverat , ut à caetu precantium abesse , & s● subtrahere vellet : quòd licèt auditores ejus ad excessum quendā humilitatis trahebant , tamen potuit quoque vox esse planè satan●ca , ● daemo●● malo , qui eum obsidebat , dictata . In English thus : But especially he vsed a strange and monstrous kinde and manner of praying : sometimes falling vpon his face , sometimes as if he were in an extasie , and sometimes euen e●postulating with God himselfe . Yet notwithstanding , this strong deuotion estranged from him one of his Associates and hangers on , wiser ( it seemes ) then the rest ▪ and yet not that so much , as another forme of Prayer , which was altogether as ordinary and familiar with him ; For , whereas the aime and scope of other mens deuoute prayers and ●iaculations is only to obtaine the sweet comfort of Gods heauenly presence , this same Hac●et , was alwaies wont in his ho●●est zeale to entreat God to depart from him ▪ and not to come among such sinfull creatures . Which manner of prayer , although that most of his disciples construed the effect of his rare and excessi●● humility , yet they might as well haue adiudge●●● ( as in t●●th it was ) the voyce not of man , but Satan , dictated onely to him , from that ●uill spirit that possest him . Pag. 55. Lin. 21. ] The Statute of Circumspectè ●gatis . ] This Statute was made in the Reigne of King Edward the first , and the 13. yeare of his Reigne . The forme whereof runnes thus : The King to his Iudges sende●h greeting : Vse your selfe circumspectly in all matters concerning the Bishop of Norwich , and his Clergy , not punishing them if they hold plea in Court - Christian , of such things as be meerely spirituall , that is , to wit , of penance enioyned for deadly sinne , as Fornication , Adultery , and such like ; for the which many times corporall penance , or pecuniary , is enioyned , especially if a free man be con●ict of those things , &c. And endeth with this clause annexed : In all causes before rehearsed the spirituall Iudge shall haue power to take Knowledge , notwithstanding the Kings prohibition . Pag. 59. Lin. 16. The Island Nona . ] The corruption of the Translation should be mended thus : The Island Mona ; or as we in English ordinarily vse to render it , Anglesey Island . Indeed Polydor Virgil in his History of● England ▪ Lib. 1. pag. 11. is of opinion , that this Insula Mona is that which we call the Isle of Man ; and to that purpose notes out of Tacitus ( in the Life of Iulius Agricola ) that when the Romans began to subdue that Island , they waded from the Land thither , without the vse of shipping : but at length , hauing noted and admired the eating cruelty of time , ( which hath made that Island at this present about 25. miles distant from the English shoare , which before was not abo●●● a mile ) he concludes at last with this prouis●● ▪ Ex quo sunt , qui audeant affirmare ▪ Monam esse eam , quam Angliseam appellant quae Walliae adiacet , estque Bangoriensis Diocesis : cujus loci naturatalis est etiamnum qualem ex Tacito habuisse docuimus . Pag. 60. Lin. 6. For the Spaniard had lately erected a Seminary for the English fugitiues at Vallad●lid . ] This Seminary was erected by the King of Spaine , at the instigation of many English Fugitiues ; who , when he had finished it , requested of Clement● the eight then Bishop of Rome , a Bull , to confirme it to that vse ▪ which the same Clement ▪ in the very first yeare of his Popedome ▪ granted vnto him ▪ The forme of the said Bull , runs after this manner . CLEMENS PAPA OCTAVVS . 〈…〉 istud piè ac attentè Charissimus noster in Christo filius , Philippus Rex Hispaniarum Catholicus cujus excel●lentem benignitatem , & liberalitatem Rege Catholico absque dubio dignam , multi Anglicani exules adolescentes fuerunt experti , qui ex misorabili Angliae regno ( quòd aliàs tantopere floruit , erga fidem Catholicam devotissimum fuit , nunc autem haer●seos gravissimo infortunio affligit●● atque opprimitur ) in Hispaniam transfugerunt , in Civitat● quae in Dioce●● Valen●●● est ▪ Collegium Anglicanum , ad D●i omnipotent is glo●iam & honorem , ac corundem Anglorum receptaculum extruxit ; qui profide Catholica s●●●pte sponte dictum regnum deseruerunt , constituentes suo tempore in illud reverti , & ad veritatis viam Gentiles suos miserrime occ●catos reduc●re . C●mque dictus Rex Catholicus singulis annis ●●●tos reditus ad fludiosorum , aliorumque hominum ●o in Collegio 〈…〉 nobis humiliter per dilectum filium & Nobilem Dominum Antonium Ducem de Sesa & de Soma Legatum suum supplicavit , quatenus benignitate 〈…〉 tam F●cti quam Iuris , qui fortasse possint intervenire , &c. You haue the Colledge confirmed now , if you will you shall see it furnished with turn-coate Englishmen . But then , all kinde of Englishmen are not admitted into this Colledge ; No , that were to put the King to a great deale of charges to as little purpose . But , as their Rabadineira tells vs , ( and we may belieue him in this matter ) ●i tantùm , qui ad finem illorū consequendum aptiores esse videntur : they onely are entred , that are most likely to serue their turnes and purposes . And they not presently too , they must be Probationers first , for some few daies , and afterwards , vpon their Admission , sweare before God , that they will take Orders in due time , returne home to England againe , and bid faire for a hanging , if so be it be their fortune . The forme of their Oath runnes in this manner . Ego A. B. hujus Anglicani Collegij Alumnus , con●iderans quantis me Deus beneficijs affecerit , tunc autem praes●rtim , quando expatriam●● ab 〈◊〉 ●deo nunc aflicta eduxit , ac 〈◊〉 Eccle●●● Catholicae membrum effecit , fimúlque tam immensam Dei miseri●ordiam grato animo prosequi volens , totum me illius servitio in quantum possum ed hujus Collegij 〈◊〉 adimplendum offerre constitui . Promitto igitur et coram Omnipotente Deo juro , paratum me ex 〈◊〉 esse ▪ 〈◊〉 me illius gratia adi●●eri● , sacros Ordines suo tempore recipere , et in Angliam reuertere , illic ut animas gentilium et proximorum conuertam , quoties et quan do huius Collegij Superiori instituto suo conforme esse ●idebitur , Domino mihi illud imperante . I did not intend , but because of some of my silly countrimen that are to trauell thither shortly , I will translate it for their sakes , that they may the better knowe what they sweare to . I A. B. student of this English Colledge , considering what infinite fauoures and benifits God hath bestowed upon me , but more especially , in that he hath brought me out of my miserable country , sorely afflicted and groaning vnder the burthen of Heresy , and made mee now a member of his Holy Catholique Church , and being desirous to make the best vse I can of this gratious mercy of God , and giuing my selfe ouer wholly to fulfill those ends , for which this Colledge was erected , Doe heere faithfully promise and sweare before Almighty God , that I am ready in heart and minde , and by the assistance of his Grace , euer will be , to take my Holy Orders in due time , and returne to my natiue countrey , to conuert as many of my countrymen & kins●olkes , as I can : whesoeuer I shall be called thereunto , by the appointment of my Superiour : whose command I will be alwaies ready to execute , as beleiuing that not He somuch , as God himselfe , doth put me on that errand . And now , before they come ouer againe into England , they first goe and take a blessing of his Holinesse the Pope , and after that , are the better prepared for theire iourney . But how come they into England ? not indeed , as if they would seeme , what indeed they are , but rather in disguises , and dumbe Aequiuocations , that by their bare habite no man can vnderstand them . And indeed , it is very lawfull for them in such a ca●e as this , sayeth their Rabadineira , modò militem , modò mercatorem , modò nautam , aut aliud vitae genus mentiri : To counterfeit themselues either a Souldier , or a Merchant , or a Marriner or any thing else , to keepe themselues from the danger of an Inquiry . For they doe this by very good authority , saith He , euen of that famous Byshop Eusebius himselfe , who in the time of the Emperour Constantius that was an Arrian , went apparelled like a Souldier , to the Assemblies and Congregations of the Catholiques : where he taught them and instructed them priuately so long , till at last he became a glorious Martyr . Docuit hoc illos , saith the Iesuite , Sanctus Eus●bius Episcop●s Samo sat 〈◊〉 , qui temporibus Imperatoris Constantij Arriani , militari veste ac habitu , Ecclesias Catholicorum visitabat , confirmabat , & instruebat , quippe ad extremum , glorioso , pro Fide Christanâ , ●olerato Martyrio , vitam consummauit . Pag. 101. Lin. 29. This Constance died without Issue . ] The Authour cited for the trueth of this story , is Gulielmus Gemeticensis ; whom , though M. Cambden nether specifie where any one may find , either Him , or his Testimoniall , I haue heere displayed to the view of the Reader . I found him , after some Enquiry , among the Scriptores Rerum Anglicarum & Normanicarum , and there , a Tractate also of His , De Ducibus Britanniae : Wherein , in the seauenth booke and the foure and thirty chapter , I find these wordes : — De filiabus Primi Willelmi Regis Anglorum , sororibus Inclyti Regis Henrici — Secunda fuit Constantia Alano Feregant , Comiti Minoris Britanniae , ( Filio scilicet Hoell● , qui Conano successerat , ) matrimonio iuncta , Absque LIBERIS MORTV A EST. Vnde factum est vt Idem Comes , post Ipsam , duceret Filiam Fulconis Rechin , Comitis Andegauorum , ex quâgenuit Co●anum Iuniorem , qui ei successit . By which is very apparant , that the Genealogy deduced from this Constance , must needs be very fabulous , and as voide of truth , as this Constance was of Issue . Pag. 103. Lin. 3. And cousened him of his mony . ] To this answer of Lopez , there is much more annexed , which was neuer printed in both the Latine Editions ; which I haue taken out of M. Cambdens owne Manuscript , and here set downe word for word . Ad fidem faciendam etiam , eâ usus est circumstantiâ , quòd Reginae se in syrupo venenum exhibiturum dixisset , cum satis ( ut ajebat ) notum esset , Reginam in curâ corporis nunquam syrupis usam fuisse , sed ab eis maximè abhorrere . Verùm cum planè liqueret , idque ex confessione propriâ , eum , cum Monile illud Reginae monstrasset , nullam prorsus veneni mentionem fe●isse , sed tantum per aenigma , Reginam interrogasse , an non fraudem fraude , tanquam laqueum laqueo intercipere liceret , ( quod tamen ipsum Regina ut prudens & cauta foemina rejecisset , sibique minimè placere respondisset ) cúmque insuper testatum esset , ●um seriò defugâ faciendâ , seque ad cognatum quendam & gentilem suum , Salamonem Iudaeum , qui Constantinopoli habitabat , & praedives erat , conferre deliberasset , idque in animo habuisset , Impostoris ei larva detracta est , & Proditoris meritò adhae●it . The translation of these words the Reader may make after this manner . And to get the better credite to his falshood , he vsed this circumstance , that he would giue the Queene poison in some syrrope or other , as he saies he told them , when indeed all the world knew , the Queene neuer would take any syrupes , but did alwaies dislike & distast them . But for all this , when as it plainly appeared , and that , out of his owne confession , that when he shewed the Chaine to the Queene , he neuer mentioned any matter of poysoning her , but onely askt her in generall tearmes , whether or no , To deceiue the deceiuer were deceit , ( which also the Queene disliked , and held vnlawfull , ) as also , when it was euidently proued that he had in sober sadnesse intended to haue departed and fled the Kingdome , and haue betaken himselfe to a Countriman and Kinsman of his , one Salomon a rich Iew dwelling at Constantinople , then was this maske of knauery quickly put off , and that fouler of treason and treachery stucke as close vnto him . Pag. 106. Lin. 23. Essex gaue him entertainment , and supplied him with great cost , &c. ] It should seeme their acquaintance was so great , that there passed betweene them aboue threescore Letters at the least , besides those of the Earle of Essex to him , in his time of residing here in England ; the Letters are all printed , with this Frontispiece , Antonij Perezij Epistolae ad Comitem Essexium , Magnatem Angliae , &c. Amongst which , there was one , that was sent to the Earle , presently vpon his returne from Ireland , but was intercepted , before euer it came to his hands . The forme was thus . ANTONIVS PEREZIVS MYLORDO ESSEXIO . EX literis amicorum intellexi tuum ex Hiberniâ adventum . Nondùm voco illum Reditum , donec per te omnino pacato regno , deaito tuae Reginae , & in gratiam ejus Majestatis restitutis omnibus , gloriosus iterum redeas . Interea congratulor Reginae tuae , vestrae Angliae , mihi tuo , postremò Tibi , qui omnia illa tibi anteponis semper : ( no vite ) arripio calamum , quod Regnum infirmum , & ferè desperatum tibi commissum eò perduxeris . Non tu Comici sequutus es confilium , qui omnia prius experiri , quam armis sapientem decere , consulebat . Quod ego non supremis Ducibus , sed supremis Principibus consuli intelligo . Nam Imperatores , praefectósque excercituum , arma , potentiam sui Principis , virtutémque propriam prius experiri , quā Collocutiones audire , decet : Glóriosae enim illis deditiones , quae ab Armis proveniunt . Vnde ex consuetudine Lacaedemoniorum , Gallum gallinaceum & Bovem , ( Gallos & Boves dicerem potius , cum plures pluribus suis actionibus debeantur ) Iovi immolari oporteret , quandóque arma tuae Reginae , & fortitudinem brachij tui expertus priùs , tuâ prudentiâ , & istius tuae personae ubicúnque jam per sonantis , anthoritate , & industriâ , negotium posteà perfeceris , & ad deditionem rebelles deduxeris . Lege Plutarchum in Marcello , & ibi quid tibi velim , quid tibi deberi intelligam , videbis . O invidia , virtutis aemula , Principum pernicies , Regnorum exitium , quâ erumpes modò ? Cede , cede saltem prae Timore , ( quis non sibi cavit ? ) pro Honore , ( quis hanc humanae vitae animam sprevit ? ) pro Communi Bono ( quis salutem suorum membrorum non desider at ? ) Novi te , novi tuam naturam , novi quoties te metus repressit , novi quoties idem te praecipitaverit . Cave ne judiceris tuo Conservatori , in majorem ejus gloriam , etiam tibi odioso ingrata : tuo supremo Principi Infida : in graviorem ejus contra te indignationem : tuo Regno inimica in ultimam in te vindictam . Quo in statu sint meaeres in Hispaniâ , vel potiùs , quo in cursu , quo potiùs in motu lento , ex literis ad amicos meos intelliges ; quem verò ad exitum tendere videantur , judicet alter , si inveniri potest exitus in tali Labyrintho . Vale , & cave à Labyrinthis . Nihil aliud Labyrinthi nobis significant , nisi Aulas , & Favores Principum . Id nos docere voluerunt Majores Nostri . Eâ de causâ , credas referri quatuor fuisse Labyrinthos in quatuor mundi partibus , ut ad omnes orbis partes notitia , & Admonitio perveniret , quàm timendi essent , atque noscent omnes , tot ambagibus , tot foveis , tot praecipitijs undequaque esse plenos , ut qui eò semel intrasset , de exitu dubitaret , & qui semel inde evasisset , timeret iterum eodem reverti . Pag. 112. Lin. 29. Knights of St. Michael . ] This Order of S. Michael was first instituted by Lewis the eleuenth of France , in the yeare of Grace , 1469. and was then named , The order of my Lord S. Michael . To euery Knight of this Order the King giueth a Coller of Gold , made of Scallops enterlaced one within another , and doubly banded , fastened on small chaines or mailes of gold . At the middest of the same Coller , vpon a Rocke must be an Image of my Lord S. Michael , which must hang down vpon the breast of him that weares it ; which they are bound to weare daily and openly about their necke , on paine of causing a Masse to be said , and to giue ( for Gods sake ) the summe of seauen Sols , and six Deniers Tournois , if they be delinquent . If any man be desirous to see the forme of the Kings Letters Patents , whereby this Order was instituted , they shall finde it thus . LEwis by the grace of God , King of France : To all present , and to come , greeting . We make knowne , that for the most perfect and sincere loue which we beare to the Noble Order and estate of Knighthood , whereof ( in most ardent affection ) we desire the honour and increase , that according to our hearty wish , the holy Catholike Faith , the blessed condition of our Holy Mother the Church , and posterity of the Common-weale might be kept , and maintained , as they ought to be , Wee , to the glory of God our almighty Creatour , and reuerence due to the Glorious Virgin Mary , as also in the honour and reuerence of Saint Michael , the prime and chiefe Knight , who in Gods quarrell fought against the ancient enemy of mankinde , and made him fall from Heauen ; who hath likewise alwaies kept his place , preserued and defended his Oratory , named the Mount S. Michael , without suffering it at any time to be taken , subdued or brought into the hands of this kingdomes ancient enimies ▪ and to the end that all good , high , and noble courages should be incited , and moued the more to vertuous Actions , — Constitute , and Ordaine , and by these Presents doe constitute and ordaine , an Order of Brotherhoode , or louing Company of certaine number of Knights , which we will shall be named , The Order of my Lord Saint Michael the Archangell ; in , and vnder the Forme , Conditions , Statutes , Orders , and Articles , as hereafter are set downe , &c. The chiefest reason that can be found of the Institution of this Order , to the honour of S. Michael , was certainly the ancient opinion that the French haue , who belieue that S. Michael is the Tutelary Angell and Guardian of all France : Wherfore hee is called by them , Princeps imperij Francorum : which name he receiued euer since he appeared to Aubert Bishop of Auranches , commanding him to build a Church vpon a Rocke in his Diocesse called the Tombe , or Tombe-Helene . Besides , they celebrate two great deliuerances , which they attribute to Saint Michael , namely , when the English besieged Orleans , in the yeare of Grace , 1428. where the Archangell S. Michael ( they say ) visibly appeared vpon the Bridge of the City , and fought against the English , and ouerthrew them . And secondly , when Henry the Great reduced to obedience the City of Paris , where there was 〈◊〉 neere vnto his Maiesty , Saint Michael the Arch●ngell , in the shape of a young childe , about six or seuen yeares olde , cloathed all in white , who ( all the time the King rendred thankes to God vpon his knees , for this happy reduction ) stood close by his right side , and when he had done , immediatly vanished . But concerning this order , it is to be obserued , that before any Knight elected come to the Soueraigne of that Order , he must deliuer these or the like speeches vnto him , at his presentation . SIR , ( or , if he be of the bloud ) My most gratious Lord , I haue obserued by these Letters , that of royall Grace in you , and Loue in the most honour able Brethren and Companions , of the worthy and noble Order of S. Michael : I haue beene , and am elected into that Order , and Company , whereby I hold my selfe to be very highly honoured . I haue reuerently receiued , and made acceptation thereof , and doe most heartily thanke you , so much as in me possibly remaineth , for so great Grace and Fauour : tendring mine obedience and seruiceable dutie in the said Order , so much as in me lyeth to doe . The forme of the Oath giuen vnto the Knight of the Order of St. Michael . YOu shall sweare , that to your Loyall power you shall assist , guard , maintaine and defend the Eminency , Rights , and Greatnesse of the Crowne of France , of the Maiestie Royall , and Authority of the Soueraigne , and of his successiue Soueraignes . So long as you liue , & shall be of the said Order , you shall imploy your selfe to your vttermost power to maintaine the said Order , and Honour thereof ; taking what paines you can to augment it , without suffering it to decay or diminis● , so long as your strength may remedy and support it . And if it shall so come to passe , ( which God defend ) that in you there shall be found some such fault , whereby ( according to the Statutes of the Order ) you are to be depriued , summoned , and required to re-deliuer backe the Coller ; in such case , you must send it to the Soueraigne , or the Treasurer of the Order , without euermore ( after the said summoning ) wearing the said Coller : and all penalties , paines , and corrections , which ( in meaner matters ) may be censured and appointed to you , you are to vndergoe and beare patiently , without rancour , spleene , or hatred , ( for , or in that respect ) in you , either against the Soueraigne , Brethren , or any Officers of the said Order . You must , ouer and besides this , duely appeare at the Chapters and Assemblies of the Order : or else must send thither ( according to the Statutes and Ordinances thereof ) your sufficient Deputy or Attourney , as testifying thereby your obedience to the Soueraigne , and to his Deputies or Committies , in all things reasonable , concerning the Duties and Affaires of the Order , and your owne loyall power , for the accomplishing of all the Statutes , Points , Articles , and Ordinances , which you haue seene and read in writing , and shall hereafter be read vnto you . To them you shall promise and sweare , as well generally , as particularly , and to each Point you are to take an especiall Oath . All these things , as you are a Knight of the Order , you must sweare and promise on the Soueraignes hand : by your Faith , Oath , and Honour , and on the Crosse , and holy Gospels of our Lord. Pag. 139. Lin. 3. ] The Riuer of Elbe . ] There is indeed such a Riuer in Germany , which hath it's head neere vnto the Towne Aust in Bohemia , and it falleth into the German Ocean below Hamburgh : it is called by some Albis ; by Strabo , Albium ; and hath no lesse then three or foure great Riuers that do empty themselues into it . But yet , this is not that Riuer which should be here vnderstood ; neither is that the true words in the Latine Edition , which should signifie it . For indeed , for Flumen Amasim I suppose should be read Flumen Amasium , or Flumen Amisium , or Amisiam ; for according to those three seuerall pronunciations Ptolomy , Pomponius , and Strabo read them ; by which we vnderstand the Riuer Eims , which ariseth in Westphalen out of a ridge of hils , and emptieth it selfe in the German Ocean . Pag. 140. Lin. 16. By Anna Parre . ] By reason of the likenesse of the Letters , and the naughtinesse of the written Translation , Anna Parre was mistaken for Anne Dacres . This Anne Dacres was Daughter to Thomas Lord Dacres and Sister and Co-heire of George Lord Dacres of Gillefland . She married to the said Philip Howard Earle of Arundel , and bare him Thomas Howard his onely Sonne , now Earle of Arundel . Pag. 140. Lin. 33. Whether a true and iustifyng faith may be lost . ] This was that question which at that time did , and euen at this present doth , disquiet the vnity and peace of our English Churches . A litle before the death of this worthy Whitaker , it fell so out , that by the Priuate , and Publike maintaining of this Opinion , by one Doctor Baro a Frenchman , it came to such an vnhappy perfection , that most , and those not the meanest , of that Vniversity , submitted their beliefe vnto it ; Insomuch that Doctor Whitaker , at that time Regius Professor in the Vniuersity , imployed the extremity of his endeauours , in his Lectures , & Sermons , and Disputations , to crush the same , from getting farther Credit : as is to be seene , in his learned Lecture concerning Vniversall Grace , his Concio ad Clerum concerning Predestination , and the Certainty of Divine Grace , and other of his Exercises . After Him , rose vp these famous Worthies of that Vniuersity , Doctor Tindall , Some , Chatterton , Willet , and Perkins , who by their Workes and Labours , both in Latine ▪ and English ; endeuoured the like . But it seemes the root was too deepe ●etled , and a stronger hand was to be imployed to plucke it vp . Hereupon , the Archbishop of Canterbury ( that famous Prelate Whitgift ) is acquainted with the matter ; and his Pastorall care requested in the purging of these corruptions . The good Archbishop , willing to impart the honour of this attempt to him that he best thought worthy of it , sends presently to his Colleague Hutton , his Grace of Yorke ; to whom he sends also the questions controuerted at Cambridge , and for his opinion in the decision of them . The Archbishop of Yorke , in the yeare of 1595. returned to his Grace of Canterbury , the summe of his opinion in briefe , collected in a written Treatise , which was called De Electione , Praedestinatione , & Reprobatione commentatio : wherein hee most diuinely and acutely expressed his minde , and the Truth . The Epistle prefixed to the Treatise I thought worth the Transcribing , if the Reader thinke it , the perusing . ACcepi jam pridem literas tuas ( Reverendissime Praesul ) veteris illius benevolentiae , & amoris erga me tui plenas , in quibus effiagitas opinionem meam de Articulis quibusdam nuper Cantabrigiae agitatis , non sine aliquâ piorum offensione , qui graviter molesteque ferunt Matrem Academiam jam multitudine liberorum , & quidem doctissimorum florentem , eâ dissentione filiorum non nihil contristatam esse : Sed fieri non potest quin veniant offendicula , neque desinet Inimicus homo inter triticum zizania seminare , donec ●um Dominus sub pedibus contriverit . Legi Articulos , & Relegi , & dum pararem aliquid de singulis dicere , visum est mihi multò potiùs de ipsâ Electione , & Reprobatione ( unde illa dissentio orta esse videtur ) meam sententiam , & opinionem paucis explicare , quam singulis sigillatim respondendo , fratrum forsitan quorundam animos , ( quos in veritate diligo ) exacerbare . Meminisse potes , ( Ornatissime Antistes ) cum Cantabrigiae unâ essemus , & sacras Literas in Scholis publicis interpretaremur , eandem regulam sequuti , eam semper fuisse inter nos consensionem in omnibus religionis causis , ut ne minima quidem vel dissensionis , vel simultatis suspicio unquam apparreet . Igitur hoc tempore , si Iudicio Dominationis tuae , id quod nunc pinzui Minervâ s●ripsi , probatum iri intellexero , multò mihi minus displicebo . Deus te diutissimè seruet incolumem ; ut tum Reginae serenissimae , & toti Regno fidelissimus Consiliarius , tum etiam Ecclesiae huic nostrae Anglicanae Pastor utilissimus , multos adhuc annos esse possis . Valè , è Musaeo meo apud Bishop-Thorpe . Calend. Octob. Anno Domini . 1595. Dignitatis tuae Studiosissimus , Matthaeus Eboracensis . Vpon the receit whereof , his Grace of Canterbury being desirous to compose these controuersies , appointed an Assembly at Lambeth ; where were present his Grace himselfe , Richard of London , Richard Elect of Bangor , besides Doctor Whitaker , Doctor Tindall , and other learned Diuines . The conclusion of it was , that by them there were nine Articles drawne into seuerall heads , and from the place where they were established , named , The Articles of Lambeth ; which set all things right againe , and reduced the Vniuersity to an vnanimity of beliefe : for , vpon their arriuall at Cambridge , my French Doctor presently vanished ; and shortly after that , one Barret Fellow of Trinity Colledge , hauing preached some of that new Doctrine lately before , was compelled to recant publikely at Saint Maries , by the appointment of Dr. Duport Vice-Chancellour of the Vniuersity . The Articles , by reason I know very many haue beene desirous to see them , I thought good to Transcribe out , as they were printed beyond Sea. Assertio seu Articlus I. DEus ab aeterno pr●destinavit quosdam ad vitam , Quosdam reprobavit ad mortem . Articulus II. CAusa Movens aut Efficiens Praedestinationis ad vitam , non est praevisio fide● , aut perseverantiae , aut bonerum operum , aut ullius rei quae insit in personis pr●destinatis , sed sola voluntas beneplaciti Dei. Articulus III. PR●destinatorum praefinitus & certus est numerus , qui nec augeri nec minui possit . reasons : as first , because perchance in a sodaine Translation I might erre in not rendring the words according to the ●enour of them as they run in the printed Statutes ▪ and secondly ( which was my greatest motiue ) because I finde in the Booke of the 〈…〉 , which are here mentioned as if they were : as also , because that some of them , which are here expressed , are there made to be enacted in the next Parliament to this , to wit , in the 〈…〉 , as particularly , The Act to redresse the mis-imployment of Lands , Goods , and Stockes of money , heretofore giuen to charitable vses ; and also , An Act against fraudulent Administrations 〈…〉 . 〈…〉 desirous to reade the Statutes Verbatim translated , he may haue them thus : The States of the Kingdome being assembled 〈…〉 An Act against the Decaying of Townes , and Houses of Good Husbandry . 〈◊〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 Duce Austriaco , & solutionem obsessis frustra pollicente . This Ambianum , or ( as others reade it , Ambiana , or Civitas Ambianesis , as Antoninus , or , as the vulgar , Amiens ) is the chiefest Citty in Picardy , and a Bishops See. It is compassed with the Riuer Some , from which it had first a Name , as some imagine , and indeed , nothing but imagine . This Citty , hauing beene betrayed into the hands of the Spaniards , by the Gouernour thereof , was most valiantly ( and as fortunately ) besieged , and recouered againe by Henry the fourth , euen in the sight of Albert the Archduke of Austria , who fed the hungry desires of the besieged Citizens , onely with a bare expectation of victuals and reliefe . Pag. 203. Lin. 32. Surrendred into their hands Nannetu . ] This word Nannetu should haue been printed Nantes ; b●t it was the ouersight of the Ouerseer . It is one of the chiefest Citties in Britaine , which the Duke of Merceur pretending a Right to the whole Durchy , had now made himselfe Master of 〈◊〉 obserues of it , that it is Metropolis Superioris Britanni● , and he cals it Vrbs Nannetica , vulgo Nantes : Ptolomaeo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nannetum , vt censet S●●liger . He obser●ers moreouer , that heretofore it was the chiefest Seat of the Dukes of Britaine , bearing the Title of a County , and formerly one of the Titles of the first borne Sonne of the Duke of Britaine , whereby hee was distinguished . Pag. 244. Lin. 18. Whether or no the Queene had inckling of this matter , I know not . ] Vpon those words follow many other , which ( vpon what ground I know not ) are omitted in both the Latine Editions , and therefore also , in the body of this Translation : but finding them in an Authentique Copy , and vnder M. Cambdens owne hand , I thought good to impart them to the Reader . The words are these . Etenim eodem tempore increbuerunt rumores , & per totum regnum peruulgati sunt , quales spargi solent , ( cùm Principe volente volitant , ) adesse classem Hispanicam potentem , & optimè instructam , ad oras occidentales regni conspectam esse , neque quam partem peterent certum esse ; Itaque delectus acriter ubíque habiti , provinciae maritimae armari & in procinctu esse jussae ; Nuncij ad aulam assiduè missi , quin etiam exercitus Regius sub Duce , Comite Nottinghamiae Admirallo Angliae conscriptus . Evulgata etiam fab●lla , quae vel prudentiores capere & fallere possit , Regem Hispanum expeditionis in Lusitaniam , non oblitum , cui idem Es●exius adfuerat , Cum certior factus esset , tantum exercitum ad motus Hibernicos compesce●dos apparari , sub Duce tam eminenti & florenti , in suspicionem venisse , haec , praetextu rerum Hibernicar● , ad Hispaniae pa●tem aliquam invadendam designata esse : atque id●ircò in defensionem Regnorum suorum classem numerosam , atque etiam terrestres copias parasse . Postqum au●em comperisset exereitum in Hibernia reuerâ 〈◊〉 ansmissum esse , atqu● illis rebus implicitum , submonitum à concilio suo , ut cum tantam classem & copias magnis impesis , & rerum motu jam collegisset , & paratas baberet , ne e●s inutiliter dimitteret , sed in Angliam impressionom ●aceret , eò magis , quod flos militiae Anglicauae cum Essexio transportatus esset , & Regina nihil tale eo tempore expectaret . Haec omnia eò fiebant , ut Essexius certior fact ●s regnum in armis esse , ab aliquo conatu exercitum Hibe●nicum in Angliam transportandi injecto metu desisteret . Attamen baec Reginae consilia , etiam vulgo in suspicionem venerant : & in pejorem partem accipiebantur : cum dicerent anno Octogesimo Octavo , ab Hispania appulisse classem illorum Invincibilem , & ho anno , alteram classem Invisibilem ; atque mussarent , si huju smodi Ludi Florales à Consilio Angliae , ineunte Maio celebrati ●uissent , magis congruum existimari potuisse ; verum ut plebs à messe sua avoc●retur ( erat enim adultus autumnus ) nimis serias ineptias esse : In English thus . For about the same time there flew about very strange rumors ouer all the Kingdome , ( such indeed as vse to fly when the Prince himselfe lets them loose ) that there was a Spanish Nauy prepare● hauing now all things in a readinesse , and the very flower of Chiualry of the English , being now absent from home , and gone ouer with the Earle of Essex ; and the Queene her selfe little or nothing suspecting any such matter . All this hurly burly was indeed nothing else , but to giue the Earle of Essex to vnderstand , that the Kingdome being now in a readinesse , it would be but little profitable for him to bring ouer his Forces hither againe , to make his way to the Queene . But all these plots could not escape the censure and mocke of the common people : who stucke not to say , that in Eighty eight indeed the Spaniard sent hither an Inuincible Nauy , but now onely , an Inuisible one . Nay , they began to mumble , that the Councell might doe well indeed to make such May-games for them at the time of the yeare , when they were in season ; but , that it was now but a serious folly in them , to call them from their Haruest to looke after such idle matters . Pag. 252. Lin. 11. Passing by the French shore . ] Vpon these words follow these in the Originall Copy , Et etesis fauenti●us qui nostro coelo ab occasu Brumali diebus 〈…〉 : which I left 〈…〉 an errour to be in the word 〈◊〉 , which should haue beene 〈◊〉 , which Strabo cals 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Annus , a yeare , because euery yeare they haue a set time of blowing , which is about the beginning of the Dog daies ; as also , because it seemes by Lucretius , that they blow not out of the East , or West , but out of the North , for he cals them , — Etesi● Flabra Aquilonum — . Of these windes Pliny speakes in these words , — Post biduum autem , ijdem Aquilones constantiùs perflant quadraginta diebus , quos Etesias vocant : Molliri eis creditur solis vapor , geminatus ardore syderis : Nec ulii ventorum magis stati sunt lib. 2. Nat. Hist. cap. 47. Againe , Mollit sydera aestate media , mutatque nomen , & Etesias vocatur , lib. 18. cap. 34. And in his 37. Booke , and 15. Chapter , speaking of seuerall sorts of precious stones , he hath these words , — Proximam laudem sicut & sedem , habent Bactriani , quos in commissuris saxorum colligere dicuntur , Etesijs flantibus : tunc enim tell●re internitent , quia eis ventis maximè moventur arenae . Pag. 256. Lin. 10. His Indulgence out of the Churches Treasury , as our Aduersaries speake . ] For indeed it is onely they that speake so , or conceiue any such matter ; and but some of them neither ; for , although their learned Cardinall Bellarmine be of opinion , that there is in the custody of the Church a spirituall Treasury , mixed of the Passion of Christ , and of his holy Saints , which is the foundation of all Indulgences ; yet he will giue leaue to others , who in spight of him , will take it , to belieue no such matter : For , Non defuerunt ex antiquis ( saith he himselfe ) Theologis Scholasticis , qui tametsi Indulgentias admitterent , tamen de Thesauro dubitarunt . There haue beene some it seemes , who , though they haue admitted of such godly deceits , as Indulgences are , yet they much haue doubted of this pretended Treasury , which should be the foundation of them . But , who were they that durst offer this affront to this so common opinion ? why , no lesse men of their owne Iury , then their Major on the Sentences , dist . 19. quaest . 2. And their Durand . in Distinct. 4. quaest . 2 , 3. as they are both arraigned for it by Bellarmine , in Lib. 1. de Indulgent . cap. 2. This was a chip of that blocke which was first hewen by Pope Boniface the eight , of whom their owne Agrippa obserues , Bonifacius octavus primus in Purgatorium extendit Indulgentias : That he was the first , that euer extended the benefit of Indulgences , as farre as the Purgatory flames . And indeed , this rare Bird did first spring out of that fire : For , as their Bishop Fisher obserues , Caeperunt Indulgentiae , postquam ad Purgatorij cruciatus aliquandiù trepidatum est , in his 18. Article against Luther . There was no great vse of Indulgences , before they had blowne vp Purgatory flames to such an height , that silly proselytes began to swet to thinke on it , and buy vp Indulgences to keep them coole from it . Then , as Polydor Virgil lib. 8. de Inventor . Rerum cap. 1. complaines , Huiusmodi venia ( speaking of Indulgences ) plenâ manu non concedebatur mod● aliquoties , verum etiam , teste Platina , velut quaepiam merces quotidi● vendebatur , non absque recipientis detrimento ; quando per haec , ut remedia animae morborum venialia , minus permulti à malefactis abstinebant , & clavium Authoritas multò vilior erat : nec id quidem temerè accidebat , quia ( ut ait Hieronimus ) ubi merces media est , dona spiritualia viliora siunt . Quaeutinam nam non nisi illa vidisset aetas . Pope Boniface receiued Reuenewes from this pretty cheat ; for in his time , these kind of Indulgences , were not only now and then , vpon especial occasions , but euen sold vp and downe , as good and current Merchandise . Hence came the Power of the Keyes presently out of reputation : to the so great scandall of the Church , that , I wish , none but that Age onely , had euer knowne it . Polydore , indeede , was too bitter against his friends ; and therefore they haue pared his tongue off , and hung it vp in their Index Expurgatorius ; but if the Reader would faine heare him speake , let him enquire for him at Basil , A. D. 1570. and there he shall vnderstand more of the businesse . Pag. 258. Lin. 25. The Rebels of Lagen● . ] The Translation should haue run , The Rebels of Leinster ; for so the word hath beene often translated before , as pag. 235. lin . 18. pag. 200. lin . 34. and in other places . But the Composer not being well able to reade the Translation , and taking counsell of the Latine Copy that lay by him , translated it Lagene , from the Latine word Lageria . This Lagenia , or as others call it Laginia , or as Polyd. Virgil. hist. Ang. pa. 221. Liginia , is one of the fiue great Prouinces of Ireland : by the Inhabitants thereof for the most part it is called Leighnigh , and by others Lein , more contracted ▪ by others Lemster , but by vs , Leinster . The same errour is likewise committed in the 268. page , and the 13. line , which , by this the Reader may correct . Pag. 263. Lin. 21. At Constance . ] This is that Councell which was called by Balthazar Cossa , afterwards named Pope Iohn 24. who found it most true , which some of his friends onely before suspected , as their Platina noteth , Quod vererentur n● cum Pontifex accederet , privatus reverteretur ; quod etiam contigit . Who indeed councelled him not to go thither ; lest he that went a Pope thither , should perchance come a Priuate man home again ; which indeed ●ell out accordingl● : for there were many things , & quidem gravissima ( for so Platina calls them ) laid to his charge ; which he not being able to answere , was faine to change his habite , and steale away from Constance , for feare of worser troubles . But it seemes he did not escape so safely , but that hee was quickly caught againe , and being brought backe to Constance , was laid vp in prison ; not long after he was cast out of his Popedome ; to which Act , he with his own hand consented . Hauing beene foure yeares a prisoner , hee was at last dismissed , but vpon the payment of very chargeable Fees ; and afterwards of a Pope he became an humble Cardinall to Otho Columna , otherwise called Pope Martin the fift , and euer afterwards was called Iohannes Papa Quondam ; which was euen part of the superscription that was written on his Tombe-stone at Florence . In this Councell there was a peculiar decree made for the placing of the Embassadours of Casteele , but with a memorandum , that it should not preiudice any other , which was in this manner . Sacro sancta Synodus Constantiensis , considerans , quod ad suam , & suorum ad hoc deputatorum instantiam , Oratores Charissimorum Ecclesiae Filiorum lacobi & Ioannae Regis & Reginae Ierusalem , & Siciliae Illustrium , requisiti fuerunt , ut quoniam expectantur , Oratores Charissimi Ecclesiae Filij Regis Castellae & Legionis Illustris , ad hanc Synodum ventu●i , ad perficiendam cum ipsa Synodo Ecclesiae unionem , placeret eisdem oratoribus dictorum Regis & Reginae dimittere locum , quem in loco sessionis iam tenent , tanquam qui eisdem Oratoribus dicti Regis Castellae venientibus debitum , ut dura●ti praesenti consilio , vadant ad partem sinistram immediate post Ambassiatores Charissimi Filij Regis Angliae Illustris . &c. Conc. Constant. Sess. 22. sub hoc titulo : Decretum Locationis Ambasia torum Regis Aragonum , ex Binio pag. 916. post : edit . P. 263. L. 27. Not Kings before the yeare of Grace , 1017. ] The first original of the Monarchy of Casteele , was in this manner . Ordonius making warre against the Sarazens , expected aid from foure of the Earles of Casteele ; who ( it seemes ) neglected his desires , and contributed not to the warre . Hereupon Ordonius hauing ouercome the Sarazens , sends for these foure Earles , giuing them his word and promise for their safety and security ; but hauing had them once within his fingers , hee put them all to death . The Castellians , that had heretofore beene subiect to the King of Lions , put themselues hereupon in a rebellion , to reuenge this persidious dealing of the King ; and choosing and making to themselues Iudges and Magistrates of the Common-wealth , they became in short time their own Gouernours , from whence afterwards their Kings descended . The story is plaine in Volateranus his Commentaries , to this effect . Post haec Ordonius quatuor Castellae Comites , qui id bellum detrectaverant jussos adse venire , & in columes fore pollicitus , necari mandavit . Ob quam perfidiam Castellani , qui tunc suberant Regi Legionensi , rebellaverant , factisque inter se Magistratibus ac Iudicibus , remipsi administrabant ; e● quibus postea Reges descenderunt . But how long was this first , before they had Kings of their own ? why it is expresly added . — Circiter annum millesimum decimum septimum ; nam ad hunc usque diem Castella per Comites regebatur : cum titulus tantum Hispaniae Regni , &c. For before the yeare of Grace 1017. there were no Kings of Casteele , but onely Earles that gouerned it . Which being considered ▪ I cannot but wonder at the endeauours of their Iacobus Valdesius , who hath written a Book on purpose of a good size , onely to preferre his Country Spaine before the ancient and eminent Kingdomes of France , and England . Pag. 272. Lin. 13. Because none euer contradicted it . ] For indeed , this is all the answer they will giue vs , as may plainly appeare . Obijciunt , saith their Valdesius , primò quod orator ( Sc. in Concilio Tridentino ) non ut orator Regis Hispaniarum adstitit , sed ut Orator Imperatoris , cum idem Carolus Quinous & Imperator esset , & Rex Hispaniarum : & ut Imperator is Legatus , oertum ost quod praecedere debet : at postquam obijt in victissimus Carolus quintus , & pro rege Catholico maximo Philippo secundo , Marcchio Pescariae , & loco ejus , Claudius Fernandez Quignones Comes Lunensis fuit , tunc Regis Galliae Legatus , non concessit locum superiorem , immò nobiliorem sibi postulavit ; & orta fuit indè contentio inter utri●sque Legatos , Philippi secundi Hispaniarum , & Francisci Regis Galliarum , ita ut suspenderent celebrationem concilij ; quod neimpediretur , & adeo reipublicae utilissimum remedium cessaret , Legatus Regis Catholici Hispaniarum apud Concilij secretarium sedit , decreto Concilij ordinate , ne praejudicium aliquod sequeretur , ex loco regibus concesso , &c. Sed satisfaciendo objection irespondetur , quod Legatus Imperatoris , fuit & Imperatoris , & Regis Hispaniarum Legatus , & absque aliqua Protestatione Francisci Regis Galliarum Protestantis , quod ne ei in loco praecedere videretur , ut Legatus Regis Hispaniarum , sed solum ut Legatus Imperatoris , &c. It may be ( saith he ) they will obiect , that in the Councell of Trent the Embassador of the Emperour was also the Embassadour of the King of Spaine , because the same man Charles the fift , was both Emperour and King of Spaine . So that , to the Emperours Embassadour they had no reason to take exception , because he ought alwaies to haue the precedency ; but when as once the Emperour Charles dyed , and that Claudius Fernandez was substituted in the state of the Marquesse of Pesara for the K. of Spaine , Philip the second , then the Embassadours of the French King , would not onely not grant them place , but challenge it of them : Whereupon , the controuersie grew so hot , that it disturbed the quiet proceeding of the Councell . To preuent which mischiefe , the Embassadour of the Spaniard abased himselfe as low as the Secretary of the Councels seat ; but not without the decree of the Councell , that no preiudice from thence should arise vnto his Master . To satisfie this obiection , we answer , saith Valdesius , that as the Embassadour tooke place being the Embassadour of the Emperour , so he should doe also being the Embassadour of the King of Spaine , because the Embassadour of the French in the time when the Embassadours of Spaine tooke place by reason of the Emperour , made no protestation against it , nor desired that it might not be preiudiciall to them hereafter . A worthy answer without question , and as good as another of his to as strong an argument ; who being conuinced with the Precedency giuen from the Spaniard to the French in the Councel of Constance that tooke the vpper hand , answeres very confidently , Quod sedere ad dextram vel sinistram non arguit semper eminentiā loci , ut ex Varonio oftendimus . That to sit on the right hand , argues no precedency or superiority of place . I wonder what then doth with him ? Certainly , if it doth not , he ought not so much to commend the magnanimity of his Iohannes Sylva , nor ought Iohn himselfe to thinke he had got much , besides the estimation of being impudently vnmannerly , who finding his Arme stronger then his Cause , pull'd the Embassador of the King of England out of his seat , which he had taken on the right hand of him , and there far himselfe as Embassadour of Casteele . Nam cum Henrici Regis Angliae Legatus , saith he , dexteram occupasset , suâ validâ dextrâ eum à loco divulsum dejecit , ibidemque ut Legatus Castellae , sedit , ut rem gestam etiam memoriae prodidit , Ferdinandus Pulgar . cap. 8 , Illustrium virorum . Valdesius de dignit . Hispaniae , in prooemio , pag. 14. Pag. 371. Lin. 23. By appealing to the Court of warre . ] Although in rendring the Latine words , after this manner , I followed the aduice of so discreet a iudgement , that I might almost better errare with it , then with another , benè sentire : yet , hauing , vpon stricter examination found that the words beare another Translation , I shall willingly acquaint the Reader also with it . It seemes the words ad Cameram Castrensem should not haue beene translated to the Court of Warre , as they are in the body of this History , but they should be rendred thus , to the Chamber at Castres ; as appeares by part of a Letter sent by the Duke of Bouillon to the King in this businesse , which I found thus translated . — I Most humbly beseech your Maiesty to send my Accusers , and my Accusations ; thinking the imputation which is laid vpon me heauy , and the time tedious , vntill your Maiesty may be fully satisfied of mine innocency . For the speedy effecting whereof I will attend at Castres , the iustification of my Fault , or Innocency ; iudging that the time which I should haue spent in going to your Maiesty , would haue but prolonged the affliction of my soule remayning accused , seeing that your Maiesty was to send me backe to the Chambers , to condemne or absolue me , being the Iudges which your Edict hath giuen me . That it would therefore please you to relieue my minde speedily , in giuing me the meanes to make my innocency knowne , and that by this proofe you may rest assured of my faithfull seruice , and I of your fauour , the which shall be aboue all things desired of your most humble , most obedient , and most faithfull Subiect and Seruant Henry de la Toure . Pag. 379. Lin ▪ 8. I acknowledge , and aske pardon . ] This is not Tir-Oens submission verbatim collected , neither was it done as it is here specified , before the death of the Queene . For the Queene dying on the 24. of March , the Lord Deputy Montioy vnderstood thereof , not till the seuen and twentieth . So vpon the 28. day , the Lord Deputy being at Mellifant , wrote to Sir William Godolphin to cause Tir-Oen to dispatch his comming to submit himselfe ; which he presently did , hauing met Tir-Oen on the 29. of March at Toker , some fiue miles beyond Dunganon . On the 30. of March , Tir-Oen , and all of them came to Mellifant in the afternoone , where Tir-Oen ( admitted into the Lord Deputies Chamber ) submitted himselfe vnto him ; but the next day signed this submission following with his own hand , and deliuered it vp to the Lord Deputy . The forme was thus . I Hugh O-Neale , by the Queene of England , France and Ireland her most gratious fauour , created Earle of Tir-Oen , doe with all true and humble penitency prostrate my selfe at her Royall ●eet , and absolutely submit my selfe vnto her mercy , most sorrowfully imploring her gratious commiseration , and appealing onely to her Princely clemency , without presuming to iustifie my vnloyall proceedings against her sacred Maies●y ; onely most sorrowfully and earnestly desiring , that it may please her Maiesty rather in some measure to ●itigate her iust indignation against me , in that I doe religiously vow that the first motiues of my vnnaturall rebellion were neither practise , malice , or ambition , but that I was induced first by feare of my life ( which I conceiued was sought by my enemies practise ) to stand vpon my guard ; and afterwards , most vnhappily led , to make good that fault with more hainous offences , which in themselues I doe acknowledge deserue no forgiuenesse , and that it is impossible for me in respect of their greatnesse , in any proportion , euen with my life to make satisfaction . I doe most humbly desire her Maiesty to pardon them ▪ that as I haue already beene a sufficient argument of her Royall power , hauing little left but my life to preserue it selfe , so that it may now please her Maiesty to make me an example of her Princely clemency , the chiefest ornament of her high dignity . And that I may bee the better able hereafter , with the vttermost seruice of my life , to redeeme the foulnesse of my faults ▪ I do most humbly sue vnto her Maiesty , that she will vouchsafe to restore me to my former dignity and liuing , in which estate of a Subiect I doe most religiously vow to continue for euer here after loyall , in all true obedience to her Royall Person , Crowne , Prerogatiue , and Lawes , and to be in all things as farre and as dutifully conformable thereunto , as I or any other Noble man of this Realme is bound , by the duty of a Subiect to his Soueraigne , or by the Lawes of this Realme ; vtterly renouncing and abiuring the Name and Title of O-Neale , or any other authority , or claime , which hath not beene granted or confirmed vnto me by her Maiesty , and that otherwise by the Lawes of this Realme I may not pretend iust interest vnto . And I doe religiously sweare to performe so much , as is aboue mentioned , and the rest of these Articles subscribed by my owne hand , as farre as shall any way be in my power , and to deliuer such pledges for the performance thereof , as shall be nominated vnto me by the Lord Deputy . I doe renounce and abiure all forreigne power whatsoeuer , and all kinde of dependancy vpon any other Potentate but her Maiesty the Queen of England , France and Ireland , and doe vow to serue her faithfully against any forreign power inuading her kingdomes , and to discouer truly any practises that I doe , or shall know against her Royall person , or Crownes : and namely , and especially I doe abiure and renounce all manner of dependancy vpon the King or State of Spaine , or Treaty with him or any of his forces or confederates , and shall be ready with the vttermost of my ability to serue her Maiesty against him , or any of his forces or confederates . I doe absolutely renounce all challenge or intermedling with the Vriaghts , or fostering with them , or other neighbour Lords or Gentlemen out of my Countrey , or exacting any Blacke Rents of any Vriaghts , or bordering Lords . I doe resigne all claime and title to any Lands , but such as shall now be granted vnto me by her Maiesties Letters Patents . Lastly , as the onely being a Subiect doth include all the duties of a Subiect , so will I be content to be informed here , and aduised by her Magistrates , and will be conformable and assisting vnto them , in any thing that may tend to the aduancement of her seruice , and the peaceable gouernment of this Kingdome ; as namely , for the abolishing of all barbarous customes , contrary to the Lawes , being the seeds of all inciuility , and for the clearing of all difficult passages and places which are the Nurseries of Rebellion , wherein I will employ the labours of the people of my Country , in such sort , and in such places , as I shall be directed by her Maiestie , or the Lord Deputy , or Councell in her Name ; and will endeauour for my selfe , and the people of my Countrey , to erect ciuill habitations , and such as shall be of great effect to preserue vs against theeues , and any force , but the power of the State , by the which we must rest assured to be preserued , as long as we continue in our duties . And thus ended this long and tedious warre : the very charges whereof , within these foure last yeares and a halfe , amounted to no lesse then 1198717 pounds , 9 shil . and a penny , besides great Concordatums , Munition , and other extraordinaries which happened . FINIS . Notes, typically marginal, from the original text Notes for div A17810-e16250 An. Dom. 1589. The practises of the Spaniard in Scotland against England . A mutinie in Scotland . Allayed by the Queene . The Earle of Arundel arraigned . Hi● Peeres . The heads of his accusation or inditement . His demands of the Iudges . The Earles Answer . He is condemned . His life pardoned . Drakes expedition . The Groyn is assaulted . The Base Towne taken . The High Town assaulted , but in vaine . Preparation from the Spaniard . The Spaniards driuen backe . The English depart ▪ and embarque for Portugall . Peniche taken . Lisbon assaulted . The Spaniards sally foorth vpon the English. But are forced home to their very gates . The English depart . Drake blamed . Cascayes yeelded . Threescore Hulcks taken Vigo burnt . The English returne . The English subiect to diseases in Spaine . * The number of the dead doth farre exceed the computation which Speed & Hollinshed both make in the Reigne of Richard the second : for they reckon not aboue a thousand that died by this disease : and cite Fros●ard , for their authority . The Hanse-townes complaint . The Queenes Answer . The Queen● aydes the King of Nauarre . The Holy League in France . The Barricadoes at Paris . The Duke of Guyse slaine . Henry 3d. of France slaine . Contention about the election of a new King. The Cardinall of Bourbon proclaymed king . The Queene aydes the French king . The English arriue in France . The English returne . The Spaniard affecteth the Kingdome of France . The Queene propoundeth a marriage to the King of Scots . He is betrothed to Anne of Denmarke . He passeth ●uer to Norway . Tempest● raised in his voyage by Witches . Bothwel accused by them . The Countesse of Sussex dieth . And Sir Walter Mildmay . And the Earle of Worcester . And the Lord St●rton And the Lord Compton . And the Lord Paget . And Doctor Humfrey . Notes for div A17810-e22380 1590 Sundry hauens fortified . Charges for the Nauy . Money lent to the French King. The rates of the Custome-house raised . The Queenes care of the States . She restoreth Ships to the Venetians . She procureth peace from the Turke , for the Polonians and Moldauians . Shee congratulateth the marriage of the King of Scots . Her care of France . Parma entreth France . French hauens taken by the Spaniard . His pretence of right to the Duchie of Britaine . Aide from England requested . The Queene prouides for Britaine , And for all France . Wherefore she hearkeneth not to the ill sugge●tions of some , both English and Frenchmen . Her obseruation . The Earle of Warwicke di●th , And Sir Francis Walsingham . And Sir Thomas Randolph . And Sir Iames Croft . And the Earle of Shropshire . And the Lord Wentworth . Tyrone strangleth Gaueloc . Tyr Oen pardoned . O-rorkes rebellion . Notes for div A17810-e25190 1591 The Queenes care of the French King. Her ayde . The conditions agreed vpon between them . A proclamation against the French Leaguers . Sir Iohn Norris sent into France . La-Noue slaine . Sir Roger Williams behaues himselfe brauely . Reaux sent ouer to the Queene ; Demandeth ayde . E●●le of Essex sent ●●er . Sent for to the King to Noyon . He knighteth many . Is deceiued by the French. Looseth his brother Sir Walter . Is dispatched ●●to Champaigne . The French King breaketh his promis● . Mor● a●de required . H●●ket his education and behauiour . His reuelations . His confed●rates . 1590 They seek● to accuse the Archbishop and the Chancellour . Hackets hatred to the Queene . His disciples sent abroad . They are apprehended . Hacket condemned . His blasphemy at the time of execution . Coping●r steru'd himselfe . Arthington recants . The Queenes iurisdiction in spirituall matters impugned . It is defended and maintained . Captaine Gree●●ile in the Reare Admirall called the Reuenge . Is assailed . Sorely wounded . Greenuill y●●lded vpon condition . The Reuenge sunke . Are●●itall for her losse . The East Indy voyage 〈…〉 . Their ret●rne Cauendish his voyage to the Magellan● straights A Proclamation against transportation of prouision into Spaine . The death of Sir Christopher Hatton . Brian O-rorke ●●raigned . Notes for div A17810-e28850 1592 Bothwell is proclaimed traitor . His g●ods entailed vpon his sonne . The Earle of Essex ret●rnes from France . Rauleigh's expedition to America frustrated . A Portugall Caracke pursued by Borrough . The English assault a great Caracke . The spoile taken . The couetousnesse of some English Merchants . A Proclamation about making of Ordnance . The Queene goeth on progresse . Visiteth the Vniuersity of Oxford . The Thames dryed vp . Vicount Mountague dieth . And the L. Scroope . And Sir Christopher Wray . Notes for div A17810-e30370 1593 A Parliament ass●mbled . Subsidies granted . The s●mme of the Queen● speech . Barowe a Sectary hanged . Her care of Scotland . The admonition to the king of Scotland . Lord Borough sent Embassadour into Scotland The Queens demands . The King● answer . Bothwell demanded of the Queene . He returneth secretly into Scotland His insolent behauiour . She procureth peace betweene the Turke and the Tran●il●anian , and betweene the K. of Swed●n and Musco●ia . Norris his proceeding in Britaine . The King of France vnited to the Church of Rome . The reason of his conuersion . The Queens letter to the K. of France . She translateth a booke of Boëtius . Boëtius de consolatione . The F. Kings excuse of not keeping pr●mise . Agreements betweene the Queene and the F. King. The Queens care for the Protestants in France . The Queene fortifies her Islands of Garnsey and Gersey , and other places . A great plague in London . Hesket hanged . Henry Earle of Darby dieth . And Henry Earle of Sussex . And the L. Grey . The Lord Cromwell . The Lord Wentworth . And S. Christopher Carlile . Complaints of the Irish. Grudges betweene Tir-Oen and Marshall Bagnall . Mac-Guir rebelleth . Ineskelline taken . Tir-Oen vsurpeth the title of O-Neale . Shan O-Neales sonnes surprised by Tir-Oen . Notes for div A17810-e33570 1594 The Lord Zouch sent Embassadour into Scotland . The answer of the King of Scots . Bothwell againe rebelleth . The pretence and cloake of his rebellion . Bothwell put to flight . The Scotch Papists banished the Realme . Their plots and new deuices . The pretended Right of the Infanta to the Crowne of England . Parsons the Iesuit excuseth his booke of Dolman . Prince Henry borne . Treason against the Queene conspired , Lopez and others . Their seueral Confessions . The Traitors condemned . Cullin executed . Yorke and Williams apprehended . She informeth the Spaniard of those Treasons . Antonio Perez lurketh in England . The strength of the Leaguers much impaired . Norris sent ouer into Britaine . Morlay taken . Quinpercorentine taken . Crodon as●aulted . Is taken . Fourbisher slaine . Norris recalled . Hawkins his Nauigation . He reacheth the Magellan streights . Hee is assaulted . Yeeldeth vpon condition . He is sent prisoner into Spaine . Set at liberty . Lancasters voyage . Honour conferred by a forr●igne Prince , not to be admitted at home . The death of Cardinall Alan . And of Doctor Piers Archbishop of Yorke . And of the Earle of Derby . A contention about the lsle of Man. And of the L. Dacres . The death of the L Euers . And the L. Chandos . And the Lord Montioy . Sir William Russell Lord Deputy in Ireland . Tir-Oen submitteth to him . He is accused by Bag●all . But yet dismissed . The Deputy prosecuteth the Rebels . Tir-Oen bewrayeth his rebellious humours . Notes for div A17810-e38770 1595 The King of Scotlands prouision against the Spaniard . Yorke and Williams hanged . Warre proclaimed in France against the Spaniard . The warre growes hot . Aide from England . The Queenes prouision against the Spaniard . More aide required from England . She acquitteth herselfe of scandalou● imputations about the taking of Cambray . The King of France perswaded to , and disswaded from a Peace with the Spaniard . Conditions proposed to the King of France by the Pope , and his Conclaue of Cardinals . Cornwall inuaded by the the Spaniard . Rawleighs voyage to Guiana . An expedition into America . The voyag● to Porto Rico. Rio de la Hach fired . And other little townes . Their voyage towards Panama . And to Scudo . The Death of Sir Francis Drake . The Nauy returneth home . A distast betweene the Queene and the States of the Low Countries . The reason of it . Sir Thomas Bodley sent ouer . His message . The answer of the State● . Some monies offered in part of paiment . The Queene requireth more . Great debating about the matter . Conditio●s proposed by the States to the Queene . The complaints of the Hans-townes to the Emperour against the Queene . The Queenes answer . The death of the Earle of Arundell . And of the L. Vaulx . And Sir Th. Heneage . And of Doct. Whitaker . S. Iohn Norris sent into Ireland . Tir-Oen taketh Blacke-water . Tir-Oen proclaimed Traitor . The strength of the Rebels in Ireland . Norris sets forwards towards Tir-Oen . And the L. Deputy ioyneth with him . Tir-Oen lurketh . Norris seemeth too much to fauour Tir-Oen . He parlieth with him . Tir-Oens co●●terfeit submission ●o Norris . And O ▪ donells . A Truce made . And Feagh Mac-Hugh . The danger of the Truce . Notes for div A17810-e42910 1596 W●llop and Gardiner sent ouer to parley with the Rebells . The complaints of Tir-Oen . O ▪ donels complaints ▪ Tir-Oens dissimulation layd open . Feagh Mac-Hugh slaine . Callis assaulted . And tak●n . Queene Elizabeths prai●r for the Naui● . The Fleet weighs anchor . Towards Cadiz . The Nauie arriues at Cadiz . The Gallies withdraw themselues . The Souldiers are set on shore . The bridge Suaco is broken downe . The s●ips are burned . K●ights made . They consult what is to be do●● . Phar● . They come to Groyne . They return . How glorious this victory was to the English. How profitable . How h●rtfull to the Spaniard . Sir Francis Vere made Gouernour of the Brill . Sir Thomas Bodley is appointed Secretary . The Spaniard armes a Fleet for England . A great part of which was cast way . Elizabeth fortifies the the shoare . Enters into league with the French. They both sweare to performe the league . The King of France made Knight of the Garter . Counterfeit Pursuivants and Apparitors are punished . Thomas Arundell Count of the Sacred Empire . Whether a subiect be to admit of the honour that is conferd on him by a forreine Prince . Such honours not to be admitted . Counts and Vicounts such as some officers in the Court of Rome . Count Palatines . The Queenes iudgement in this question . The death of Iohn Puckering . Of Richard Fletcher Bishop of London . Of the Lord Hunsdon . Of Francis Knolles . ●f the Earle of Huntingd●n . And of the Countesse of Darby . Notes for div A17810-e48110 1597 The battle at Tournholt . Rawleigh is receiued into fauour . Gratiosa and Flores yeeld to Essex . Villa Franca is taken . A Caraque is burnt . The English fleet returneth . The Spanish Nauy is dispersed . Contention growes betwixt Essex & Rawleigh . And betwixt Essex and Robert Cecill . Essex is angry at the titles giuen to the Admirall . Essex is made Earle 〈◊〉 Engl●●d ▪ An Embassadour fro● Poland . His Oration to the Queen The Queenes answer . He is answered of her Counsellours . The Merchants Aduenturers are forbidden trade in Germany . And the Hans-Towns in England . The Embassie of Sir George Carew into Poland . Gedanenses . What he effected with the P●lacke . And those of Elbing . An Embassadour from the King of Denmarke . The King of France requires succour from Elizabeth . He takes again Ami●ns . The Spaniard inclines to peac● . A Parliament . The Lord La●ware is restored to his old place . Thomas L. Howard of Walden . The death of the Lord Cobham . And William Powlet . The L. Burrough made Deputy of Ireland . Norris dieth The Deputy winnes the Fort at Black-water The Earle of Kildare dieth . The Rebels besiege the Fort at Black-water . The Deputy dyeth . Iusticiars appointed in Ireland . Tir-Oen presents his grieuances to Or●●nd . Notes for div A17810-e52260 1598 The King of France would mediate peace betweene the Queene and the Spaniard Embassadors sent about this businesse . The King of France speakes to them . The reply of the King. Expostulations betweene the King and the Queene . Barneuelts Oration . A difference betweene Cecill and the French men . The King of France stands sto●tly for the Queene . The treaty at V●r●ins . The order of the session amongst the Delegates . The French haue a respect of the Queene . The Elogie of Henry the 4 out of Ianine . The Queene hath a car● of her owne estate . A disceptation of peace with the Spaniard . For peace . Against the peace . The reply for the peace . Burghley for the peace . Essex against the peace . Essex writes his Apologie . Co●tention betweene Essex and the Queene . He beares himselfe towards her with too little reuerence . He answers with indignation to this counsell . Cecill Lord Burghley dies the 4. of August , in the 77. yeare of his age . His Natiuity and kindred . Education . Master of Requests . Secretary to K. Edward . He betakes himself to the seruice of Elizabeth . He is made Baron and Tr●asurer of England 1571. and Knight of the Garter . 1584. His Issue . A new agreement with the States . Bodleyes Library . Contention betweene the Danes and the English. Philip King of Spaine died in the seuenty first yeare of his age . The three keyes of the Spanish Empire . The Earle of Cumberland returned into England . Hee tooke Porto Rico. R●mors scattered against the King of Scots . By Valenti●e Thomas . The Queenes admonition to Thomas . Bookes written on the King of Scots behalfe . Basilicon doron . The Queenes affection towards good studies . The death of Thomas Stapleton . Of Ri. Cosin . Of E●mund Spencer . The Fort of Black-water besieged . The English come by the worst . The Fort yeelded vp . Mounster reuolts . 1599 Protections hurtfull to the common-wealth . Mounster spoiled by the Rebels . Tir-Oen brags of his victories . Richard Bingham sent into Ireland . He died presently after his arriuall . Notes for div A17810-e57710 1599 Consultation about choosing a L. Deputie of Ireland , Essex closely begs it . He was made L. Deputie . His Army is allotted . His Commission . The Earle of Essex goes into Ireland . He marches to Mounster against some pet●y rebells neglecting his Commission . Tir Oen and and Essex talk together . Tir-Oen desireth to haue conference againe with Essex . A truce made for sixe weekes . The Queene is angry with the L. Deputy She writes backe to him . The Deputy much discontented at the Queenes letters . He plots secretly to take some indirect course . An army of 6000 ▪ choice footmen mustered in London . Essex vnlookt for returnes to England . He comes and kneeles before the Queene . He is committed to custody . He remoues the suspitions conceiued by his returne . When some would haue freed him out of custody by force , hee would not . Tir-Oen breakes the truce . Tir-Oen beares himselfe very proudly . A Feather o● a Phoenix sent to Tir-Oen from the Pope . The Keeper of the Seale layes open the Earle of Essex his crimes . The L. Treasurer layes them open . And the L. Admirall . And Secretary Cecill . The Earle of Essex wholly denoted to pious meditations . A peace with Spaine propounded . The Spanish Gallies arriued at Flanders . Charles K. of Swethland sends to exc●se himselfe to the Queen . Richard Hooker died this yeare . Notes for div A17810-e60550 1600. Doubtfull law titles confirmed . A proclamation that no gold nor siluer should be carried out of the Kingdome . Vide Carlet . p. 192. Tir-Oen confers honours on his followers . Mac-Guyr and Warham of S. Leger are slaine . Montioy arriued in Ireland . The Pope of Rome encourageth the rebels by his Indulgence . Essex most desirous to set vpō Tir-Oen . Tir-Oen preuents him . He sends a Garrison to Vlster . Derry is fortified . Tir-Oen repulsed . O-more is slaine . The Earle of Essex sets forward again towards Vlster . He breakes through many difficultis . Mont-Norris Fort. Docwray chaseth the Rebels . Essex restraines the fury of the rebels in Lagene . He returnes to Vlster . The Exploits of George Carew . A new proposition concerning a peace to be made with Spaine . Vpon what hopes this peace was propo●nded : gathered out of a confe●ence held at Rome . Boull●n or Bullen . A treatie made at Bononia . Obseruations of the precedency of England & Spain Out of Volateran . The Peores designed for the Queenes partie . The instructions of the English. Exceptions in the Commissions of the delegates on both sides . The title Illustrious . The English challenge the first place . The Spanish will not yeeld them a place equall with them . New instructions to the English from the Queene . The Treaty is dissolued . The skirmish at New-port . Contentions betwixt the English and French about prizes . Contentions with the Danes concerning traffique . The East India company instituted . Two Breues sent pri●ily by the Pope of Rome against the King of Scots , next heire to the Kingdome of England . The treacherous plots of Earle Gowries Sons against him . Great complaint in England for the scarcity of Corne. The Earle of Essex begins to repent him of his former purposes and actions . Essex is commanded to his own house His appearance befo●e the Lords Commissioners . The Earle makes answer for himselfe . The L. Keeper interrupts his answer . The hopes of his liberty gathered from the Queenes naturall inclination to pitty . Next , from t●e noblenesse and vertuous disposition of the Earle . Thirdly ▪ from the diuers intents of his very aduersarins . Considerations in what course of life the Earle 〈◊〉 best to imploy hims●●fe . The great humility of the Earle . Cuffe railes at the Earle . The Earles message to the Queene . The Queens answer . Cuffe againe intertained by the Earle . The Earle is deafe to Cuffes bad counsell . The Queene will not yeeld to Essex his petitions . The Earle is much disconted at his deniall . He hearkens to bad counsailes . Notes for div A17810-e66160 1601 Embassadors from Mauritania , and Russia . Diuers Princes resorted to visit the Queene . * I did purposely omit the genuine translation of these words , because I vnderstand they were interserted since the body of this History was composed , as may be seene in the Manuscript of M. Cambden himselfe , which is now in the hands of that famous and worthy Scholler M. Iohn Selden . Suspition daily increased of Essex his loyalty . He plots new matters . A great multitude assembled at Essex his house . The Lords of the Priuie Councell sent to the Earle of Essex . Essex his complaint . The clam●ur of the multitude . Essex enters London . He is proclaimed Traitour . The Earle thinkes of returning home againe . Gorge sets the Councellours free that the Earle had lockt into a roome . A conflict neere the Bishop of Londons . He takes Boat at Queenehith , and gets home to fortifie his house . He is besieged . He is commanded to yeeld himselfe . The Earle ●etermines to ●●ue forth . He begins to thinke of yeelding . They yeeld themselues . Essex and Southampton imprisoned . The loyall care of the Citizens is highly commended . Thomas Lee is taken . Lee is hang'd at Tiburne . A proclamation against Vagabonds and run-awaies . The conspirators complots are detected . Essex and Southampton arraigned . The heads of the accusations . They are vnfolded by the Queenes Lawyers . The Earles reply . He excuseth his iniuries done to the Counsellours . He layes open the iniuries done to himselfe . The Earle seekes to extenuate Gorges testimony . Southampton defends his owne cause . Cases propounded to the Iudges assistants . Essex accuseth his aduersaries . Bacon remoues the accusations . Essex interrupts his speech . Cecill comes forth . Cecill speakes to Essex . Knolles is sent for . Cecill inueighs against Essex . Southampton againe excuseth himselfe . The Iudges Assistants opinion concerning the Peeres protestations . Sentence pronounced against Essex and South-hampton . * Mr. Camden himselfe . Others also arraigned . Essex desires to speake with some of the Councell . He accuseth Cuffe . Essex reueales others that knew of the conspiracie . Essex brought to execution . He is beheaded . His commendation . His stocke and Ancestors . His wife and issue . Others are arraigned . Blunt examined . Danuers accused . Dauis arraigned . Cuffe arraigned . The request of Sir Christopher Blunt , and Sir Charles Danuers . Cuffes execution . and Mericks at Tiburne . Blunt and Danuers beheaded . Blunts confession . Sir H. Neuill committed . The punishment of Daniel an Imposter . The Queens answer to the Embassadors of Scotland . Gallies prepared . The States thinke how to subdue Flanders . They are preuented by the Arch Duke . Vere made gouernour of Ostend . The description and scituation of Ostend . A parley about the yeelding vp of Ostend . Vere breakes it off . Marshall Birone sent ouer to England . A Parliament at Westminster . Monopolies restrained . The Queenes speech concerning them . The death of Henry Earle of Pembroke . And of the Lord Norris . The death of the Lord Willoughby . A Proclamation against transporting money into Ireland . Deliberation about altering the Irish Coine . The Souldiers pay altered without any tumult or mutiny . The Lord Deputy sets on towards the Rebels . And Henry Docwray on the other part . 500. English surprize Donegall Monastery . Rumours concerning the Spaniards sailing towards Mounster , calls the Deputy backe . Ballashanon seized on . The President intercepts the titular Earle of Desmond . He findes out their consultation about the Spaniards conuenient landing . He makes preparation to goe against them . The President informes the Deputy of the affaires . A consultation whether the Deputy should enter Mounster without his forces . The Spaniards land in Ireland . The reasons of their comming published . The English beset them . The Spaniards droue aut from Rincurran Castle . Tir-Oen commeth into Mounster . The R●bels determine to bring their forces into the Towne . The English hinder them . The Rebels retire . The English persue them . They fight the 24. of December : The same day the Earthquake was in London . The Rebels flie . * Alferez . The commodities of the victory . The Spaniards desire a Parley . Articles concerning yeelding . Notes for div A17810-e77070 1602 Dumboy Castle assaulted by the President . The Rebels reduced into order . Bishop O-Hegan slaine . A Nauie dispatcht to the Spanish shore . The Gallies and Caracke set vpon in the Hauen of Cezimbra . A Caracke and Gallies are set vpon . The Gallies are put to flight . Some of them taken . A parley . They yeeld . The rest of the Gallies are for Flanders . They light vpon the Queens ships . They skirmish . Their Gallies va●quished . The treaty at Bremen with the Danes . They complaine of too much tribute paid for passing the Sounds . Th●ir demands . A controuersie discussed about the freenesse of the Sea. The treaty breakes off . Disagreements betwixt the Iesuites and Secular Priests . See Watsons Quodlibets of Stat● . Iesuites and Secular Priests banished . Marshall Byron beheaded . The French King complaines of the D. of Bullen . He askes Q. Elizabeths counsell what he should doe with him . The Queens answere . The French Kings reply . The opinion of others concerning this matter . Geneua relieued . The death of Alexander Now●ll . Tir-Oe● feares both his owne power and his armies . The Deputi● persues him . He builds Charlemont . And Fort Montioy . Docwr●ay chaseth the Rebells . Yet he is slightly regarded . More of the Rebels submit themselues . Tir-Oe● craues pardon . Notes for div A17810-e80570 Tir-Oen absolutely submits himselfe . The Queene falls sicke . * In the Kings preface to the Reader in his Basilicon Doron . Notes for div A17810-e101830 Pag. 1. lin ▪ 10. Lod. Lucius li. 4. Historiae Iesuiticae , ca. 4. pa. 517. Basil. 1627. Rabad . Append. schismat . Anglican . cap. 23. pag. 98. 
A43537	----	A help to English history containing a succession of all the kings of England, the English Saxons, and the Britans : the kings and princes of Wales, the kings and lords of Man, the Isle of Wight : as also of all the dukes, marquesses, earls, and bishops thereof : with the description of the places from whence they had their titles : continued with a supplement, and enlarged with the names and ranks of the viscounts and barons to the year 1652. Heylyn, Peter, 1600-1662. 1652 Approx. 685 KB of XML-encoded text transcribed from 203 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A43537 Wing H1715 ESTC R18930 12171628 ocm 12171628 55415 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43537) Transcribed from: (Early English Books Online ; image set 55415) Images scanned from microfilm: (Early English books, 1641-1700 ; 603:3) A help to English history containing a succession of all the kings of England, the English Saxons, and the Britans : the kings and princes of Wales, the kings and lords of Man, the Isle of Wight : as also of all the dukes, marquesses, earls, and bishops thereof : with the description of the places from whence they had their titles : continued with a supplement, and enlarged with the names and ranks of the viscounts and barons to the year 1652. Heylyn, Peter, 1600-1662. [2], 379, [59] p. Printed for Abel Roper ..., London : 1652. Each part of each table has special t.p. A supplement, p. [2]-[59] at end. First published in 1641 with title: Heroologia Anglorum, or, An help to English history. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of England -- Bishops -- Chronology. Nobility -- Great Britain -- Chronology. Great Britain -- Kings and rulers -- Chronology. 2005-11 TCP Assigned for keying and markup 2005-12 Apex CoVantage Keyed and coded from ProQuest page images 2006-11 Ali Jakobson Sampled and proofread 2006-11 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A HELP TO ENGLISH HISTORY CONTAINING A succession of all the Kings of England , the English Saxons , and the Britans ; the Kings and Princes of Wales , the Kings and Lords of Man , the Isle of Wight . AS ALSO Of all the Dukes , Marquesses , Earls , and Bishops thereof , WITH The Description of the places from whence they had their titles ; CONTINVED With a supplement , and enlarged with the names and ranks of the Viscounts and Barons to the year . 1652. LONDON , Printed for Abel Roper at the Sun over against S. Dunstans Church in Fleet-Street . MDCLII . A GENERALL PREFACE , Touching the use of these three Catalogues or Tables . HAving a purpose to peruse our English Histories , and those of forraine Nations which had any intercourse or commerce with the affaires either of this Realme or Church of England : I found it no small trouble to me , to know the names of those , whose actions I encountred within the said perusall . For whereas commonly great persons are not called by the names of their Famllies , but of their Dignities : it was a matter of no meane difficulty to finde out , what and who they were , who were presented to us by their Dignities , as well Ecclesiasticall as Temporall . Upon this ground , to save me from that troublesonie inquirie for the time to come ; I set-my selfe to draw up a complete and perfect Catalogue of all the persons of chiefe ranke in this Realme of England , from Earles inclusively and upwards ; so farre as any light of story , and warrantable ascent , ascent , would direct and guide me . And having formed it in that frame and order , as hereafter followeth , found manifestly that that paines it cost me , was not ill bestowed ; because of that great ease it did me , being once composed . For then no sooner did I meete in any story , with any , either Prince or Prelate , of , or in this Nation ; but I could forth with turne unto him : and by computing of the times , finde out exactly who he was . And yet me thought it was not perfect , till I had added to the same all those Soveraigne Princes , which have borne rule in all or any part hereof : the names and actions of the which occurre , as well in our owne Chronicles , as forraine stories . That done , I thought it not amisse , to note and adde , according as I met it in my course of reading , what Kings and Prelates of this Nation have beene ennobled in the Church with the stile of Saints : as also what great offices any of the Arch-Bishops , Bishops , Dukes , Marquesses , and Earles , had severally borne in the Civill State. By doing which , as I received great ease and benefit , as before is said ; so I was easily intreated to let all such partake thereof , who thinke it may be either profitable or usefull to them : and for that cause have suffered it to come abroad , that they that will , may take the benefit of my poore endeavours . And this I have the rather beene intreated to , satisfie the mindes of those ( if any thing will satisfie them ) that either are the enemies of Regall or Episcopall power . For whereas some conceive that Kings were instituted by the people , on sight perhaps of such confusions as had beene noted and observed in a populan government : these following Catalogues will make it evident and apparent , that in this Countrey there was never any other government then that of Kings either in any part thereof , or the whole together . And whereas it is factiously given out by others , that the Episcopall authority and regiment in and of the Church , is not the proper and peculiar government of the same , but violently obtruded on it by the power of man : the Tables of Episcopall succession will make it evident , that the said forme of Government , is of as long a standing as the Church it selfe ; Religion and Episcopall jurisdiction being brought into this Land together . Lastly , if any such there be , as have beene formerly , that would ●rie downe Nobility , and that precedencie and power which some men have above the rest , they may here see , that from the first setling of this Monarchie in the Norman Race , that Kings of England have advanced to place and dignity , whom they thought most fit ; and did it sans controule of inferiour people . And so they did no question in the Saxons times , and those before them : of which if we have no such cleare and evident succession , as in the rest of later ages ; it is because their digties , and honorarie titles were rather personall then hereditary . Now in these Catalogues , I shall begin , as reason is , with that of Kings , from the first entrance of the Romans to this present time : to which I shall adjoyne the Kings and Princes of Wales , as also the Kings and Lords of Man , and the Isle of Wight : assigning unto every one his time , according to the computation of our best Historians . The Catalogue of the Bishops I shall bring along , from the first planting of Religion here , amongst the Saxons ; since which we have a cleare and undeniable succession in the holy Hierarchy : the former times , under the Empire of the Britons , having transmitted to our hands onely some fragments of antiquity , by which we may perceive that the Episcopall government was here received together with the faith it selfe ; but cannot gather from the same a constant and continued succession of the persons governing . Then for the third Catalogue that of the Nobility , we have continued that from the first entrance of the Normans to this present day ; that at one view a man may see the quality and antiquity of those noble families , which are now both an honour and an ornament to this flourishing Kingdome . I shall not neede say more in this generall Preface , having prefixed particular Prefaces to each severall Catalogue , to which I rather shall referre the Reader , then detaine him here . THE FIRST TABLE , OR , A CATALOGVE OF All the Kings which have reigned in England , since the first entrance of the ROMANS . As Also of the Kings and Princes of Wales , the Kings and Lord of Man , and the Isle of Wight , together with the Princes and Lords of Powys . Printed at London . 1641. THE PREFACE TO THE CATALOGVE Of the KINGS of ENGLAND . THe Realme of England is that Southerne and more flourishing part of the Isle of Britaine : that which was civilized by the Romans , and made a Province of their Empire ; when as the Northerne parts thereof , were either neglected or not conquered . When it was under the command of the Roman Emperours , it wanted not its proper and peculiar Kings , over the chiefest and most principall of their Tribes and Nations : it being the custome of that Empire , as Tacitus hath truely noted , habere servitutis instrumenta etiam Reges . Of these inferiour tributary Kings , those which were in their severall times of more power then others , may probably be thought to have assum'd unto themselves the stile and title of Kings of the Britons : even as in after times , during the heptarchy of the Saxons , those which gave law unto the rest , did call themselves , and were accounted the Kings or Monarchs of the English . But those interiour petite Kings , being , in tract of time worne out , and almost all the South reduced under the immediate command of the Roman Empire : either the Emperours themselves , or such of their Lieutenants as did here usurpe the regall state , were stiled Kings of Britaine , till Constantine the Great united it in separably to the Roman Diadem : And in his ended the first line of the Kings of Britaine , according to the British story . The second line of Kings , beares date from the departure of the Romans : who being called from hence to looke unto their Empire in the Continent , left their possessions here unto the fury of the Scots and Picts , who dwelling in the Northerne and unconquered parts , attempted to subdue the Southerne . For the repressing of whose rage the Britons chose themselves a King out of Armorica , ( now called Bretagne ) being extracted from the old British bloud , which had not long before beene planted in that Region , by the Roman Emperours . Whose line continued here not long , till they were dispossessed both of Crowne and Countrey , by the Saxons , a German people , called in by Vortiger to oppose the Scots and other Nations of the North. Who having by degrees subdued all that which formerly had beene conquered by the Romans ( the Countrey beyond Severne excepted onely ) divided it amongst themselves into seven Kingdomes ; which finally being all brought under by the West-Saxon Kings , did at last settle , and continues in the name of England . A Kingdome , though of small extent , compared unto the greater Countries of France , Spaine , and Germany , yet of so high esteeme abroad , that it may challenge an equality with either of them , and in some kinde hath had precedencie before them . For to the honour of this Realme , as well before as since it had the name of England , we may say thus much . It was the first Kingdome which received the faith of Christ , which was here planted , as it is affirmed by Gildas upon certaine knowledge , toward the latter end of Tiberius Empire . Tempore ut scimus summo , Tiberii Caesaris , as his owne words are : which by computing of the times , will fall to be five yeares before Saint Peter came to Rome ; and but five yeares after the death of our Redeemer . It shewed unto the world the first Christian King , whose name was Lucius : and gave unto the Church her first Christian Emperour , even the famous Constantine here borne ; by whose example and incouragement the saith was generally received over all the Empire , and all the Temples of the Idols , either demolished or forsaken . It also was the first Christian Kingdome , out of which the Jewes , those bitter and most , obstinare enemies of the Crosse of Christ , were universally expulsed ; and out of which the insolent and usurped Supremacie of the Popes of Rome , was first ejected , after they had a long time domineered in the Church of Christ . The one of these performed by King Edward the first ; the other by King Henry the eighth . Nor to say any thing in this place of their warres and victories in France , Spaine , Scotland , the Netherlands , the Isle of cyprus and the Holy land . In these regards , the Kings of England , as they are as absolute , so they are as sacred , as of any Countrey whatsoever . What ever things are proper unto Supreme Majesty , Scepters , and Crownes , the Purple Robe , the Globe , or golden Ball , and Vnction , have beene as long theirs , as any others . The foure first are by Leland , a famous Antiquarie , ascribed unto King Art●ur , who did begin his reigne Anno 506. which was as soone as they were ordinarily : in use with the Roman Emperours . And this doth Leland justifie , out of an ancient Seale of the said King Arthurs kept in his time , as an especiall monument in the Abbie of Westminister : As for their Vnction , or Annointing , it appeares by the old Roman Provinciall , and the ancient practise , that of all the Kings of Christendome , there were none anciently annointed but the two Emperours of the East and West ; the Kings of France , England , Sicilie , and Hiervsalem . By reason of which Vnction or annointing ( besides what is united or annexed to the Crowne Imperiall of this Realme ) it was declared Term. Hilarii . 33. Edward 3. that the Kings of England were capaces jurisdictionis spiritualis , capable of Spirituall or Ecclesiasticall jurisdiction . As after in the regine of King Henry the eighth , it was declared rather then enacted , that the Kings highnesse was the Supreme head of the Church of England , and that he had authority to reforme all errours , heresies , and abuses in the same . 26. Henry 8. cap. 1. Which title of Supreme ●ead ; though used by King Edward 6. in a●l his reigne , and by Queene Mary for awhile ; was changed by Queene Elizabeth into that of Supreme Governour : and it is now reckoned as a part of the stile of the Kings of England , that they are Supreme Governours in all their Dominions and Countries , over all persons , in all causes , as well Ecclesiasticall as Temporall . Now as the Kings of England are absolute at home ; so are they no lesse honoured and esteemed abroad : the Emperour being accounted filius major Ecclesiae , the eldest sonne of the Church ; the King of France , filius minor , or the second sonne ; and the King of England , filius ●ertius & adoptivus , the third and the adopted sonne . In generall Councels , the King of France took place at the Emperours right hand ; the King of England on his left , and the King of Scots having precedencie next before Castile . And whereas since the time of Charles the fifth , the Kings of Spaine have challenged the precedencie of all Christian Princes : yet in the time of King Henry 7. Pope Iulius gave it to the English before the Spaniard . Nay lest the Kings of England might fall short in any thing wherein their neighbour Princes glory , they also have an adjunct or peculiar title annexed unto the stile Imperiall . For where the King of France is stiled Christianissimus , most Christian ; and the King of Spaine , Catholicus , or the Catholick King : the King of England hath the title of Defensor fidei , or the defender of the Faith. A title not so much conferred on King Henry 8. by the Popes of Rome , as confirmed unto him . For in a Charter of King Richard 2. unto the University of Oxford , the same stile occurres : for which and other proofes here of consult the Epistle Dedicatory before Doctor Crakanhorp against the Arch-Bishop of Spalato ; and Sir Isaac Wake , in his Rex Platonicus . But now we goe unto the Kings . South-Britaine or ENGLAND , The Kings thereof , according to the British story , from I. Caesar unto Constantine .   1 CAssibelan .   2 Theomantius .   3 Cymbeline .   4 Guiderius . A. Ch   45 5 Arviragus , called Pra●usagus by Hector Boctius . 73 6 Marius . 125 7 Coilus . 180 8 Lucius , the first Christned King of Britaine and the world : who dying without Children , left the Roman Emperours his heire . 207 9 Severus Emperour of Rome . 211 10 Bassianus sonne of Severus . 218 11 Carausius a noble Briton . 225 12 Alectus . 232 13 Aesclepiodorus . 262 14 Coilus . II. 289 15 Helena daughter of Coilus , and Constantius Emp. of Rome .   16 Constantine , sonne of Helena and Constantius ; who added , or united his estate in Britaine , unto the Monarchy of Rome . South-Britaine or England , the Kings thereof , from the departure of the Romans , unto the setling of the Saxons . A. Ch.   431 1 COnstantine of Ar 〈…〉 rica or little Britaine . 443 2 Constantius sonne of Constantine . 446 3 Vo 〈…〉 iger Earle of the Gevisser , who called in the Saxons . 464 4 Vortimer , sonne of Vortiger . 471 5 Vortiger ( againe ) . 481 6 Aurelius Ambrosius second sonne of Constantine . 500 7 Uter Pendragon thi●ck so● of Const . 506 8 Arthur , son of Vter pendragon . 542 9 Constantine II. next Cousin of Artbur . 546 10 Conan . 576 11 Vorhpor . 580 12 Malgo. 586 13 Careticus . 613 14 Cadwan . 635 15 Cadwallan . 678 16 Cadwalladar . After whose death ( the Saxons having totally subdued all the Countrey on this side the Severne ) the British Princes were no longer called Kings of Britaine , but Kings of Wales : of whom more hereafter . The Kingdome and Kings of Kent . THe Saxons being called in by Vortiger to resist the Scots , and other people of the North , did by degrees expulse the Britons : and having totally subdued the Countrey , erected in the same seven Kingdomes . Of these the ancientest was that of Kent , confined within that County onely : the Kings these that follow . A. Ch.   455 1 Hengist the first King of Kent . 488 2 Eske or Osca . 512 3 Octa. 532 4 Immerick . 561 5 Ethelbert S. the first Christned King , the founder of S. Pauls in London . 617 6 Edbald . 641 7 Ercombert . 665 8 Egbert . 673 9 Lotharius . 686 10 Edrick . 693 11 Wightred . 726 12 Egbert . II. 749 13 Ethelbert . II. 759 14 Alricus . 794 15 Ethelbert . III. sirnamed Pren. 797 16 Cuthred . 805 17 Baldred , who in the yeare 827. lost both his life and Kingdome unto Egbert King of the WEST-SAXONS . The Kingdome and Kings of the SOUTH-SAXONS . THe Kingdome of the South Saxons was begun by Ella , a noble Captaine of that people . It contained the two Counties of Sussex and Surrey , which were thence denominated : the first so called quasi South sex , the Countrey of the South-Saxons ; the second quasi South ▪ rey , as lying on the South of the river ●hamise . This Kingdome lasted but a while , and had onely these foure Kings that follow . viz. A. Ch.   488 1 Ella the first King of the South-Saxons . 514 2 Cissa .   3 Ethelwolf or Edilwach the first Christned King of the South-Saxons .   4 Berthun and Authun two brothers both joyntly reigning , and both joyntly vanquished by Cradwall King of the WEST-SAXONS . The Kingdome and Kings of the WEST-SAXONS . THe third in order of these Kingdomes , and that which did in fine prevaile over all the rest , was that of the West-Saxons . It contained in it the Counties of Cornwall , Devon , Dorset , Sommerset , Wiltes , Southampton , and Berks : the Kings these . A. Ch.   522 1 Cerdicus the first King. 17. 539 2 Kinricus . 29. 565 3 Celingus or Cheuline . 10. 595 4 Celricus . 5. 600 5 Ceolwolf . 614 6 Kingil the first christned King. 646 7 Kenewalchin . 31. 677 8 Sigebertus . 1. 678 9 Esewin . 2. 680 10 Centwin . 7. 687 11 S. Cedwalla . 3. 690 12 Ina 35. who first gave the Peter-pence to the Church of Rome . 725 13 Ethelard . 14. 739 14 Cuthbert . 16. 755 15 Sigebert . II. 1. 756 16 Kinulphus . 31. 787 17 Bithrick . 13. 800 18 Egbert , of whom see more in the Saxon Monarchs . The Kingdome and Kings of the EAST-SAXONS . THe Kingdome of East-Saxons is the fourth in order , of the Hepiarchie ; begunne in Anno 527. some five yeares after that of the West-Saxons . It comprehended the Counties of Essex , Midlesex , and part of Hertfordshire ; the Kings these that follow . A. Ch.   527 1 Erchenwme . 587 2 Sledda . 596 3 S. Seber , tthe first Christned King of the East-Saxons ; and first founder of S. Peters in Westminster .   4 Seward and Sigebert . 623 5 Sigebert the little .   6 Sigebert . III. 651 7 Swithelme . 664 8 Sighere . 664 9 S. Sebba .   10 Sigherd .   11 Seofride . 701 12 Offa. 709 13 S●lred . 747 14 Suthred , subdued by Egbert ▪ King of the West-Saxons , and his Kingdome made a member of that rising Empire . The Kingdome and Kings of the EAST-ANGLES . NExt to the Kingdome of the East-Saxons , was that of the EAst-Angles ; containing in it the Counties of Norfolke , Suffolke , and Cambridge shire , with the Isle of Ely : and had these Kings following . A. Ch.   575 1 Uffa , the first King. 582 2 Titullus . 593 3 Redwald the first christned King. 624 4 Erpenwald . 636 5 S. Sigebert . 638 6 Egric . 642 7 Anna. 654 8 Ethelbert . 656 9 E●lelwald . 664 10 Alduffe . 683 11 Elsewolfe . 714 12 B●orne . 714 13 S. Etheldred . 749 14 Ethelbert . II. who died Anno 793. 870 15 S. Edmund . After whose slaughter by the Danes , and that his Kingdome had beene long wasted by that people ; it was atlast united to the West-Saxons , by King Edw. the elder . The Kingdome and Kings of the NORTH-HUMBERS . THe Kingdome of the North-humbers , of Northumberland , was the fifth in course of time , of the Saxon Heptarchy ▪ it was divided into two parts or Provinces , the one of which was called Bernicia ; the other Deira of which the former called Bernicia , was founded by one Ida , Anno 547. the other by one Ella , his fellow and companion in armes , Anno 559. This last contained the whole Countries from the North of Humber to the Twede , viz. the Counties of Yorke , Durham , Lancaster , Westmorland , Cumberland , and Northumberland : the other all that part of Scotland , which lieth betweene the river Twede , and the Frith of Edenbourg ; which was as farre as ever the Romans had gone before them . Those Kings of either , which were more powerfull then the other , were honoured with the name of Kings of the North humbers , and are mar●hailed thus . A. Ch.   547 1 Ella and Ida.   2 Adda and Elappea .   3 Theodwald .   4 Frethulse .   5 Theodorick . 589 6 Ethelrick . 593 7 Ethel●ride . 617 8 Edwine the first christned King. 633 9 Osrick . 634 10 S. Oswald . 643 11 Oswy , who having subdued Oswine King of Deira , was the first absolute King of all Northumberland . 671 12 Egfride . 686 13 S. Alfride . 705 14 Osred . 716 15 Kenred . 718 16 Osrick . II. 729 17 Ceolnulph . 738 18 Egbert . 758 19 Oswulph . 759 20 Edilwald . 765 21 Alured . 774 22 Ethelred . 778 23 Alfwald . 789 24 Osred . II. 794 25 Etheldred . II. After whose death this Kingdome much molested by the Danes , became a Province of the West-Saxons . The Kingdome and Kings of MERCIA . THe last and greatest of the seven Kingdomes of the Saxons , was that of Mercia , so called , for that being seated in the middle of the whole Countrey , it was a March or border unto all the rest which abutted on it . It comprehended the Counties of Gloucester , Hereford , Worcester , Warwick , Leicoster , Rutland , Northampton , Lincoln , Bedford , Nottingham , Buckingham , Oxford , Darby , Stafford , Shropshire , Cheshire , and that other part of Hertford●hire , which was not under the Kingdome of the East-Saxons . By reason of this great extent of Empire , they were a long time very powerfull , and over-awed their neighbour Princes : till at the last the fatall period being come , it fell into the Armes of the West-Saxons , after it enjoyed these twenty Kings which hereafter follow . A. Ch.   582 1 Cridda the first King of Mercia . 593 2 Wibba . 614 3 Cheorl . 625 4 Penda . 656 5 Peada , the first christned King. 659 6 Wulfhere . 675 7 Ethelred . 704 8 Kenred . 709 9 Chelred . 716 10 Ethelbald . 758 11 Offa. 796 12 Egfride . 797 13 Kenwolf . 819 14 Kenelm . 820 15 Ceolwolf . 8●1 16 Bernulf . 824 17 Ludecan . 826 18 Withlafe . 839 19 Berthulf . 852 20 Burdred . After whose death this Kingdome having beene shrewdly shaken in a great battell fought near Burford , Comit ▪ Oxon. wherein King Ethelbald was vanquished , and his whole strength broken by Cuthbert , or Cuthred , King of the West-Saxons , then his tributary : and after no lesse shrewdly shaken by the valiant Egbert , became a Province of that Empire . The Monarchs of the English-SAXONS . THe Saxons , though they were divided into the seven Kingdomes before named , were for the most part subject unto one alone ; who was entituled Rex Gentis Anglorum , or King of the English Nation : those which were stronger then the rest , giving the law unto them in their severall turnes , till in the end they all became incorporated into the Empire of the West-Saxons . Which Monarchs , who they were , and of whence entituled , is next in order shewne . A. Ch.   455 1 Hengist King of Kent . 481 2 Ella King of the South-Saxons . 495 3 Cerdick King of the West-Saxons . 534 4 Kenrick King of the West-Saxons . 561 5 Cheuline , or Celingus , King of the West-Saxons . 562 6 Ethelbert King of Kent . 616 7 Redwald King of the East-Angles . 617 8 Edwin King of Northumberland . 634 9 Oswald King of Northumberland . 643 10 Oswy King of Northumberland . 659 11 Wulfhere King of Mercia . 675 12 Ethelred King of Mercia . 704 13 Kenred King of Mercia . 709 14 Chelred King of Mercia . 716 15 Ethelbald King of Mercia . 758 16 Offa King of Mercia . 794 17 Egfride King of Mercia . 796 18 Kenwolf King of Mercia . 800 19 Egbert the sonue of Al●mond , King of the West-Saxons , the first and absolute Monarch of the whole Heptarchy : who having vanquished all , or most of the Saxon Kings , and added their estates unto his owne , commanded the whole Countrey to be called by the name of ENGLAND . The Kings whereof , after the Countrey was so named , are these that follow . The Kings of ENGLAND of the Saxon Race . A. Ch.   800 1 Egbert the 18 King of the West-Saxons , the 19 Monarch of the English , and first King of England . 37. 837 2 S. Ethelwolf 20. 857 3 Edelbald . 858 4 Edelbert . 5. 863. 5 Edelfride . 9. 873. 6 S. Alured , who totally reduced the Saxons under one Monarchy , and founded the University of Oxford . 23. 900 7 Edward the elder . 24. 924 8 Athelstane . 16. 940 9 Edmund . 6. 946 10 Eadred who stiled himselfe King of Great Britaine . 955 11 Edwin . 4. 959 12 S. Edgar . 16. 975 13 Edward the younger . 3. 678 14 Ethelred . 1016 15 Edmund Ironside . The Danish Race . 1017 16 Canutus King of Danemark ▪ 2● . 1037 17 Harald Harfager . 4. 1041 18 Hardie Cnute . 4. The Saxons repossessed . 1045 19 S. Edward who founded and endowed the Church of westminster , and was the first that cured the disease called the Kings-evill , leaving the same hereditary to his successors . 1066 20 Harald the sonne of Godwin ●surped the Crowne , and shortly lost both it and his life to boote , to William Duke of Normandy . The NORMAN Race . 1067 21 William Duke of Normandy , sirnamed the Conquerour . 22. 1089 22 William Rusus . 13. 1102 23 Henry Beauclenk . 35. 1136 24 Stephen E. of Bloys . 19. The Saxon line restored . 1155 25 Henry II. descended by his Grand-mother , from the bloud Royall of the Saxons . 34. 1189 26 Richard Coeur de Lyon. 12. 1201 27 John. 17. 1218 28 Henry . III. 56. 1274 29 Edward . I. 34. 1308 30 Edward . II. 19. 1327 31 Edward . III. 50. 1377 32 Richard. II. The line of Lancaster . 1399 33 Henry . IV. 15. 1414 34 Henry . V. 9. 1423 35 Henry . VI. 38. The line of Yorke . 1461 36 Edward . IV. 23. 1483 37 Edward . V. 1483 38 Richard. III. 3 ▪ The families united . 1486 39 Henry . VII . 23. 1508 40 Henry . VIII . 39. 1547 41 Edward . VI. 6. 1553 42 Queene Mary . 5. 1558 43 Queene Elizabeth . 45. The union of the Kingdomes . 1602 44 JAMES King of Scots , reassumed the title of Great-Britaine . 1625 45 CHARLES by the grace of God , King of Great Britaine , France , and Ireland ; the 63. King in descent from the West-Saxon Cerdick , the 64. Monarch of the English , and 45. King of England in descent from Egbert : whom God long preserve . Kings of WALES . THe Britons being outed of their Countrey by the conquering Saxons , retired themselves beyond the Severn , and therein fortified themselves ; which Countrey thereupon came to bee called Wales , and the people Walsh , or Welch men . Nor that the word Walsh , signified in the Saxon language , a Foreiner or Alien , as it is conceived ( for how could they be called Aliens in their native Countrey ? ) but Wales , and Wallish , for Galles and Gallish , by changing G into W , according to the custome of the Saxons . The Britons being descended of the Gaules , kept their old name still ; though somewhat altered in the letter , as before is said : and to this day the French doe call the Prince of Wales , by the name of le Prince de Galles . At first their chiefes were honoured with the title of Kings of Wales , aod are these that follow . A Ch.   690 1 Idwallo . 30. 720 2 Roderick . 35. 755 3 Conan . 63. 818 4 Mervyn . 25. 843 5 Roderick sirnamed the Great , who divided Wales betweene his three sonnes , allotting unto each his part : the Countrey being divided into North-Wales , South-Wales , and Powys-land which had their severall Lords and Princes , as hereafter followeth . The Principality and Princes of South-Wales . SOuth - Wales , in the division of the Countrey amongst the sonnes of Roderich Mawr , fell unto Gadel the second sonne● 〈◊〉 contained all that quantity and tract of ground , which now we call the Counties of Glamorgan , Pembreke , Carmarthen , Cardigan , and part of Brecknock : which being the richer and more fruitfull part of Wales , and lying most open re-invasion , both by sea and land , was soonest brought under the command of the Kings of England . The principall seat of the Princes of it , was Dynesar , or Dynevor Castle , not farre from Carmarthen , who thence were called by their subjects , the Kings of Dynevor ; and whilest they stood upon their own clegges , were these that follow . A. Ch.   877 1 Cadell second sonne of Roderick .   2 Howell . 907 3 Howell Dha . 948 4 Owen .   5 Eneas .   6 Theodore Mawr . 1077 7 Rhese . I. 1093 8 Gryffith . I.   9 Rhese . II.   10 Gryffith . II. in whom ended the line of the Princes of South-Wales , his Countrey being conquored by the English , and his two sonnes Meredith and Cynerick taken by King Henry the second , who caused their eyes to be put out . After which time South-Wales was reckoned as a part of the Realme of England . The Principality and Princes of North-Wales . NOrth-Wales in the division of the Kingdome of Wales , fell to the share of Amarawd , the eldest sonne of Roderick Mawr , the last King thereof ; with a superiority of power over both the rest , who were but homagers to this . It contained in it all that territory which now doth comprehend the Counties of Merioneth , Denbigh , Flint , Ca●na● von , and the Isle of Anglesey , which being the more mountainous parts ; and consequently of more difficult accesse then the others were , as they did longest keepe their liberties , so doe they still preserve their language from the incursions of the English. Abersraw in the Isle of Anglesey was the Princes seate , who were hence sometimes called the Kings of Abersraw , and were these ensuing . A. Ch.   8077 1 Amarawd eldest sonne of Roderick . 913 2 Idwallo .   3 Merick .   4 Joanes . 1067 5 Conan . 1099 6 Gryffith 1120 7 Owen . 1178 8 David . I. 1194 9 Llewellen . I. 1240 10 David . II. 1246 11 Llewellen . II. the last of the Princes of Wales of the British bloud , of whom , and the conclusion of his race , see the following Catalogue . The Kings and Princes of it , according to the History of Wales . IN the History of Wales , writ by Humphrey Lloyd , the Kings and Princes of Wales are reckoned differently from that succession of them before laied downe . The reason of which difference may be that he reciteth there the Predominant Princes , such as gave law unto the rest , whether of North-Wales , South-Wales , or of Powys-land : even as wee see was done before , in summing up the Monarchs of the English Saxons , out of the severall Kingdoms in that Heptarchie . Now for his Catalogue of the Welch , both Kings and Princes , he recites them thus . A Ch.   688 1 Ivor . 720 2 Roderick Molwinoc . 755 3 Conan Tindaethwy . 820 4 Mervyn Urich . 843 5 Roderick Mawr . 877 6 Amarawdh . 913 7 Edward Voel . 940 8 Howel Dha . 948 9 Jevaf , and Jago . 982 10 Howel ap Jevaf . 984 11 Cadwallan ap Jevaf . 986 12 Meredith ap Owen . 992 13 Edwal ap Meiric . 1003 14 Aedan ap Blegored . 1015 15 Lhewellen ap Sitsyl● . 1021 16 Jago ap Edwall . 1037 17 Gryffith ap Llewellen . 1061 18 Blethyn , and Rhywallon . 1073 19 Trahaern ap Caradoc . 1078 20 Gryffith ap Conan . 1137 21 Owen Gwineth . 1169 22 David ap Owen . 1194 23 Llewellen ap Jorweth . 1240 24 David ap Llewellen . 1246 25 Llewellen ap Gryffith , the last Prince of Wales of the British race , who lost his life and principality to King Edward the first , Anno 1282. After whose death , the King perceiving that the Welch had no affection to be ruled by strangers ; sent for his Queene then great with child , to come unto him to Carnarvon , and hearing tha● shee was delivered of a sonne , called the Welch Lords together , and proffered them a Prince to beare rule amongst them , of their owne nation , one who spake no word of English , and such a one whose life no man could tax . To such a Prince when they had all sworn to yeeld obedience ; he named his new-borne sonne unto them , and made him their Prince , since when the eldest sonnes of England have commonly beene created Princes of Wales . The Princes of it , of the bloud Royall of England . WALES thus brought under the obedience of the Kings of England , hath since beene commonly the honourary title and possession of their eldest sonnes . Not that they challenge it , as of due belonging to them ; but take it from their Fathers as of speciall Grace , by solemne creation and investure , tenendum sibi & baeredibus suis Regibus Angliae , to hold to them and their heires Kings of England : our Kings not being willing to deprive themselves of such a power of gratifying and obliging their eldest sonnes , as they saw occasion . Edward 2. who had been summoned by his Father unto the Parliament by the name of Prince of Wales , and Earle of Chester : summoned his eldest sonne ( King Edward 3. ) by no other name then Earle of Chester and Flint . Edward 3. first used the ceremony of creation , by letters Patents , and investiture , which hath since continued : and for the want of which , Edward 6. Queene Mary and Queen Elizabeth however in their severall turnes , they have beene called Princes and Princesses of Wales , were not truely such . Those which were so created , either by Parliamentary Writ or especiall Charter , are these that follow . 〈◊〉 Ch.     1 Edward of Carnarvon eldest sonne of King Edward the first . 1344 2 Edward the black Prince , eldest son of King Edward the third . 1377 3 Richard of Burdeaux , eldest sonne unto the black Prince 1399 4 Henry of Monmouth , eldest sonne of King Henry the sourth . 1454 5 Edward of Westminster , onely son of King Henry the sixth . 1472 6 Edward of Westminster , eldest son of King Edward the sourth . 1483 7 Edward Earle of Salisbury , eldest sonne of King Richard the third . 1492 8 Arthur , the eldest sonne of King Henry the seventh . 1506 9 Henry Duke of Yorke second sonne to King Henry the seventh , after K. Henry the eighth . 1610 10 Henry , eldest sonne of King Iames the first Monarch of Great Britaine . 1616 11 CHARLES Duke of Yorke , second sonne of King Iames , now the second Monarch of Great Britaine . Princes and Lords of Powys-land . POwys-land is the third part of Wales , but the least of all , containing onely the whole County of Montgomery , and part of Radnor , Brecknock , Denbigh , and Sbropshire . The chiefe seate hereof was Matravall , in Montgomery shire , from whence the Princes of it would be called the Kings of Matravall . It was bestowed by Roderick Mawr , in his division of Wales , on Mervyn his youngest son and did continue in his line a long time together ▪ but much afflicted and dismembred by the Princes of Northwales , who cast a greedy eye upon it . The first Prince of it was called Mervyn , but we have no good constat of his successors : the last that held it all entire , was Meredith ap Blethin , who divided it betweene his two sonnes , Madoc , and Gryffith , of the which Madoc died at Winchefter , Anno 1160 , and Gryffith was by Henry the first of England created Lord Powys , the residue of Powys-land which pertained to Madoc , depending still upon the fortune of North-Wales . The Lords of Powys . A. Ch.     1 Gryffith ap Meredith .   2 Owen Cynelioc .   3 Gwenwynnin .   4 Gryffith ap Gwenwynnin   5 Owen ap Gryffith .   6 John Charleton , one of the Bed-chamber to King Edward the second ▪ married Hawys daughter of Owen ap Gryffith . 1353 7 John Charleton , Lord Powys . 1360 8 John Charleton , Lord Powys . 1374 9 John Charleton , Lord Powys . 1401 10 Edward Charleton , Lord Powys . 1420 11 Henry Grey , nephew of Edward Lord Powys by his daughter Iam created Earle of Tanquerville by King H. 〈◊〉 .   12 Richard Gray Lord Powys .   13 John Gray Lord Powys .   14 John Gray Lord Powys .   15 Edward Gray , the last Lord Powys of the race of Mervyn , sonne of Roderick King of Wales . ●629 ▪ 16 William Herbert of Rod-castle ▪ sonne of Edward , second sonne of William Herbert Earle of Pembroke , created Lord Powys , 〈◊〉 . Car. Apr. 2. now living 1641. Kings and Lords of MAN. THe Isle of MAN is situate so equally betweene England and Ireland , that once it was a controversie unto the which it appertained ; but was in fine adjudged to England , in that some venemous wormes brought hi●ther , did not forthwith die : which kinde of creatures the nature of the Irish soyle will by no mea●ies brooke . It was once subject unto the crowne and Kingdome of Northumberland , but from them taken by the Danes , Norwegians , and other people of the North , in their i●ruptions on these parts : who having mastered it , ordained therein a petit King of their owne Nation ; who thus succeeded one another . Kings of MAN. A. Ch.   1065 1 Godred the sonne of Syrri● . 1066 2 Fingall sonne of Godred . 1066 3 Godred the sonne of Harald . 1082 4 Lagman eldest sonne of Godred . 1089 5 Dopnald sonne of Tade . 1098 6 Magnus King of Norway . 1102 7 Olave third sonne of Godred . 1144 8 Godred sonne of Olave . 1187 9 Reginald , base sonne of Godred . 1226 10 Olave the lawfull sonne of Godred 1237 11 Herald sonne of Olave . 1249 12 Raignald ▪ II. brother of Harald . 1252 13 Magnus . II. brother of Raignald . 1256 14 Magnus King of Man being deceased without issue , Alexander third King of the Scots , partly by conquest , and partly by money pa●ed to the Norweglans , brought this and all the rest of the Westerne Isles under his obedience . After this time , it was sometimes dependant on the Crowne of Scotland , and sometimes on England , according as their fortunes varied : till in the end , it was regained finally from the Scots , by William Mon 〈…〉 e Earle of Salisbury ( who was descended from the ancient Kings of Man ) and by him after sold to the Lord Scrope , on whose a●●ainder it fell unto the Crowne of England , and changed Lords as followeth . Kings and Lords of MAN , of English bloud . A. Ch.   1340 1 William Earle of Salisbury . K. 1395 2 William Lord Scrope . K. 1399 3 Henry Earle of Northumberland Lord. 1403 4 William Lord Stanley , Lord of Man.   5 John Lord Stanley , Lord of Man.   6 Thomas Lord Stanley , Lord of Man.   7 Thomas Lord Stanley , Lord of Man , created Earle of Darbie by K. Henry 7. 1503 8 Thomas Stanley Earle of Darby , Lord of Man. 1521 9 Edward Stanley Earle of Darby , Lord of Man ▪ 1572 10 Henry Stanley Earle of Darby , Lord of Man. 1593 11 Ferdinando Stanley Earle of Darby , Lord of Man. 1604 12 William Stanley now Earle of Darby , and Lord of Man ▪ 1640. Lords and Kings . THe Isle of Wight abutting on the coast of Hampshire , was taken from the English by William Eitz-Osborne , Earle of Hereford , in the time of William Duke of Normandy , and King of England : who thereupon became the first Lord therof . After whose death & the proscription of his sonne Roger , it fell unto the Crowne , and was by Henry the second bestowed upon the family of the Ryvers , Earles of Devon. On the extinction of which line , it fell againe unto the Crowne , in the time of King Edward the first ; and in the same hath since continued : giving the title onely of one King , and one Lord to two Potent subjects . Now for the Lords and King , they are these here following . A. Ch.     1 William Fitz-Osborne , Earle of Hereford . 1072 2 Roger de Breteville , Earle of Hereford .   3 Richard de Ryvers , Earle of Devon.   4 Baldwin de Ryvers , Earle of Devon. 1154 5 Richard de Ryvers , Earle of Devon . 1161 6 Baldwin de Ryvers , Earle of Devon .   7 Richard de Ryvers , Earle of Devon.   8 William de Ryvers , Earle of Devon. 1216 9 Baldwin de Ryvers , Earle of Devon. 1245 10 Baldwin de Ryvers , Earle of Devon. 1261 11 Isabell , sister to Earle Baldwin , and wife to William de Fortibus , surrendred up her interest in this Iland , to King Edward the first . 1445 12 Henry Beauchamp , Earle of Warwick , Anno 23. of Henry 6. was crowned King of the Isle of Wight , and shortly after made Duke of Warwick . 1466 13 Richard Lord Wideville Earle Ryvers , made by King Edward 4. Lord of the Wight . THE SECOND TABLE , OR , A CATALOGVE OF All the Bishops which have governed in the Church of England , and VVales , since the conversion of the SAXONS . Together with the honourary Offices which they , or any of them have enjoyed in the civill government . Divided into two parts . Printed at London . 1641. THE PREFACE TO THE ENSUING CATALOGUE of Arch-Bishops , and Bishops . THE saith of Christ being here planted as saith Gildas , tempore sum●o Tiberii Caesaris , towards the latter end of Tiberius Caesar , was as it seemes , concealed and hidden till the time of Lucius : who publikely making profession of it , procured three Archiepisco pals seates to be erected at York● , Ca●r-Leon upon Vsk , and London for the North , West , and Southerne parts ; and suffragan Bishops to be allotted and assigned unto each of them . Of these and their successors wee have little Consta● , onely some foot-steps in some places , whereby we may discerne the ruine of religion which had beene made here by the Saxons . But when the Saxons were converted to the Christian faith , they grew more zealous of the same , then formerly they had beene averse from it : and gave it suddenly a generall and unanimous admittance . Which being done , that part of England which was then in their possession , was divided into the two Provinces of Canterbury and Yorke : the ancient Britons or the Welsh continuing for a long time after under the rule and government of their owne Arch-Bishop ; but in the end were also brought to yeeld obedience to the See of Canterbury . The Church thus brought into a settled forme and order , became forthwith of such esteeme at home , that they have long time beene accounted Peeres of the Realme , and are by writ summoned unto all Parliaments , as are the temporall Barons ; and of such reputation and same abroad , that the Arch-Bishops of both Provinces were adjudged to be Legatinati : the Arch-Bishop of Canterbury having a superintendencie over all the Irish Bishops ; as he of Yorke , had a direct primacie over those of the Church of Scotland . And in the Councell held at Constance , what time the Fathers there assembled , were for the better dispatch of businesse , divided into severall Nations : the English Nation , Anglicana natio , was reckoned amongst the chiefest . At this time since this Church was manumitted from the Pope , it may be warrantably said to bee the most exact and perfect● of the Reformation : keeping a constant & continued succession in the holy Hierarchy , and consequently also in all holy Orders ; and whatsoever else is necessary , either in doctrine , government , or ceremony , unto the constitution of an Apostolicall and Orthodox Church . As for the method which we meane to use in this following Catalogue , it is briefely this : we will begin first with the Province and See of Canterbury , and those particular Suffragan Bishops which owe obedience thereunto , which we will marshall in the order of the Alphabet , those of Wales included . For howsoever they had once the honour to have an Arch-Bishop of their owne , yet being now reputed members of the Province of Canterbury ; we will dispose of them accordingly . That done , we will proceed unto the Province and See of Yorke , and those sew Bishopricks , which are now remaining of the same : which as the rest before , we will also take along , according to the order of the Alphabet . And this we take to be the easiest order for the Reader : that of the Antiquity of the Sees , being very intricate and perplext , and that of the Antiquity or consecration of the men themselves , both changeable and uncertaine . For if we went according to the way of precedencie which is now in use , established by Act of Parliament 31. H. 8. c. 10. we should dispose them in this manner : viz. First the two Arch-Bishops of Ganterbury and Yorke , next the three Bishops of London , Dunelm , Winchester , and last of all the residue of the Prelates according to the Seniority of their consecrations . This is the order of precedencie which is now in use , which yet is no new order in regard of London and Wintón , who anciently had place before the rest , in all assemblies of the Clergy : but this being changeable and uncertaine , as before was said , we shall make use rather of the other . Now in'each See and Diocese we will keep this course : First we will shew you the antiquity and ordination of each , together with the foundation of their Cathedrall Churches ; what Counties each of them containeth , what priviledges anciently they enjoyed , and still claime to have ; how many Parishes there be in every Diocese , by what Arch-Deacons they are governed , what is the tenth of the whole Clergie in every Diocese , and how much in the Kings bookes is every Bishoprick . We shall observe also , what and how many of the Prelates have beene extract from honourable houses , whose names shall be distinguished by a little Asterisme thus* , as also how many of them have beene canonized and accounted Saints , who and how many of them have beene made Cardinals in the Church of Rome , what honourable Offices have beene borne by any of them in the civill state . In the performance of the which S. shall stand for Saint , and Card ▪ for Cardinall : L. Ch. shall signifie L. Chancellour ; L. K. Lord Keeper ; L. Tr. Lord Treasurer ; L. Pr. Lord President , Ch. J. Chiese Justice . M. Ro. Master of the Rolls , and Ch ▪ Qx. Chancellour of Oxford , as Ch. Ca. of Cambridge . By which it will appeare most plainely what a perpetuall Seminary this our Church hath beene , of able and of learned men , not onely for discharge of Ecclesiasticall , but even temporall businesse . Which being premised once for all , we now proceede unto our Catalogue : beginning with the Provincc and See of Canterbury , and following in the order before proposed . THE FIRST PART OF THE CATALOGVE OF BISHOPS , CONTAINING THE SVCCESSION of the Arch-Bishops and Bishops of the Province of CANTERBVRY . Printed at London . 1641. CANTERBURIE and the Arch-Bishops of it . THe Sce of Canter . was first founded with the plantation of religion the amongst English : Austin the Monk , who first did preach the Gospel to the one being the first Arch-Bishop of the other . The Chaire hereof originally fixt in the City of Canterbury ; which being once the Regall City of the Kings of Kent , was by King Ethelbert , on his conversion , bestowed on Austin the Arch-Bishop , and on his Successors forever . The Cathedrall , having beene a Church before in the Britons time was by the same Arch-Bishop Austin repaired , and consecrated , and dedicated to the name of Christ , which it still retaines ; though a long time together it was called Saint Thomas , in honour of Saint Thomas Becket who was therein slaine . The present fabricke was begun by Arch-Bishop Lanfran● , and William Corboyl ; and by degrees made perfect by their Successours . Take Canterbury as the seate of the Metropolitan , and it hath under it 21. suffragan Bishops , of the which 17. are in England , and 4. in Wales . But take it as the seate of a Diocesan , and it containeth onely some part of Kent to the number of 257. Parishes ( the residue being in the Diocese of Rochester ▪ ) together with some few particular Parishes dispersed here and there in severall Dioceses : it being an ancient priviledge of this See , that wheresoever the Arch-Bishops had either Manors or Advowsons , the place forthwith became exempted from the Ordinary , and was reputed of the Diocese of Canterbury . The other priviledges of this See , are that the Arch-Bishop is accounted Primate and Metropolitan of all England , and is the first Peere of the Realme : having precedencie of all Dukes , not being of the Royall bloud , and all the great Officers of the State. He hath the title of Grace offered him in common speech : and writes himselfe divina providentia , where other Bishops onely use , divina permissione . The Coronation of the King hath anciently belonged unto him : it being also formerly resolved that wheresoever the Court was , the King and Queene were speciales & domestici Parochiani Domini Archiepiscopi , the proper and domesticall Parishioners of the Arch-Bishop of Canterbury . It also did belong unto him in former times , to take unto himselfe the offerings made at the holy Altar by the King and Queene , wheresoever the Court was , if he were present at the same ; and to appoint the Lent Preachers : but these time hath altered , and the King otherwise disposed of . Abroad in generall Councels he had place at the Popes right foote ▪ at home ; this Royall priviledge , that those which held lands of him , were liable for Wordship to him , and to compound with him for the same , though they hold other lands in Cheife of our Lord the King. And for the more increase of his power and honour , it was enacted 25 ▪ H. 8 ▪ c. 21. that all licenses and dispensations ( not repugnant to the law of God ) which heretofore were sued for in the Court of Rome , should be hereafter granted by the Arch-Bishop of Canterbury and his successaurs : As also in the 1. Eliz. c. 2. that by the advise of the Metropolitan , or Ecclesiasticall Commissioners , the Queenes Majesty may ordaine and publish such rites and ceremonies , as may bee most for the advancement of Gods glory , the edi●ying of his Church , and the due reverence of Christs holy Sacraments . To come at last to the Arch-Bishops , this Diocese hath only one Arch-Deacon , which is he of Canterbury ▪ the Clergies tenth comes to 651. li. 18. s. 2. d. q. and the Arch-Bishoprick it selfe is valued in the Kings books , at the sum of 2816. li. 17. s ▪ 9. d. q. I onely adde in generall , that this See hath yeelded to the Church 16. Saints ; to the Church of Rome 9. Cardinals ; to the Civill state of England 11. Lord Chancellours , one Lord Treasurer , one Lord Chiefe Justice ; and to the University of Oxford . 9. Chancellours . The particulars follow . Arch-Bishops of Canterbury . A. Ch.   596 1 S. Augustinus . 611 2 S. Laurentius . 619 3 S. Melitus . 624 4 S. Justus . 634 5 S. Honorius . 655 6 S. Adeodatus , or Deusdedit . Vacavit sedes Annos 4. 668 7 S. Theodorus . 692 8 S. Brithwaldus . 731 9 Tatwinus . 736 10 Nothelmus . 742 11 Cuthbertus . 759 12 Bregwinus . 764 13 Lambertus . 793 14 Athelmardus . 807 15 Wulfredus . 832 16 Theogildus .   17 Celnothus . 871 18 Atheldredus . 889 19 Plegmundus . 915 20 Athelmus . 924 21 Wulfelmus , Lord Chancellour . 934 22 S. Odo . 961 23 S. Dunstan , Lord Treasurer . 988 24 Ethelgarus . 989 25 Siricius . 993 26 Alfricus . 1006 27 S. Elphegus . 1013 28 Livingus , allas Leovingus . 1020 29 Agelnothus . 1038 30 S. Eadsinus . 1050 31 Robert us Gemiticensis . 1052 32 Stigandus . 1070 33 S. Lanfrancus . Vacavit sedes Annos 4. 1093 34 S. Anselm . 1114 35 Rodulphus . 1122 36 William Corboyl . 1138 37 Theobaldus . 1162 38 S. Thomas Becket L. Chancel . 1171 39 Richardus Monachus . 1184 40 Baldwinus . 1191 41 Reginaldus . 1193 42 Hubert Walter , L. Chancel , and L. Ch. Justice . 1206 43 Stephen Langton , Cardinall . 1229 44 Richard Werhershed . 1234 45 S. Edmund , Chancel . of Oxford . 1244 46 Boniface of Savoy . * 1272 47 Robert Kilwarby , Card. 1278 48 John Peckham . 1294 49 Robert Winchelsey , Chan. Oxford ▪ 1313 50 Walter Raynolds . 1327 51 Simon Mepcham . 1333 52 Jo. Stratford , L. Chancel . 1348 53 Thomas Bradwardin . 1349 54 Simon Islippe . 1366 55 Sim. Langham , Gard. L. Chan. 1367 56 William Witlesey . 1375 57 Simon Sudbury , L. Chancel . 1381 58 William Courtney . Chan. Ox. * 1396 59 Thomas Arundel , L. Chan. * 1414 60 Henry Chicheley , Card. 1243 61 John Stafford , Card. * 1452 62 Jo. Kemp. Card. L. Chancel . 1454 63 Thomas Bourchier , Card. Lord Chan. and Chan. of Oxford . * 1486 64 John Morton , the like . 1501 65 Henry Deane . 1504 66 W. Warham , L. Ch. and Ch. Ox. 1533 67 Thomas Cranmer . 1555 68 Reginald Pole , Car. and Chan. Ox. 1559 69 Matthew Parker . 1575 70 Edmund Grindall . 1583 71 Jo. Whitgift . 1604 72 Richard Bancroft , Chan. Oxford . 1610 73 George Abbot . 1633 74 William Laud , Chan. of the University of Oxford , now being , 1641. SAINT ASAPH AND the Bishops there . THe Bishoprick of Saint Asaph is exceeding ancient ; first founded by one Kentigern a Scot , and there Bishop of Glasco , about the yeere 560. The Cathedrall there first built by him , upon the Banks of the river Elwy : whence it is called by the Welsh , L●an-Elwy ; the Bishop in the ancient Latine Elwensis , or Elguensis ; by us Saint Asaph , from Saint Asaph an holy man , whom Kentigorn returning into Scotland , left here his successor . It seems it stood not long , or not long in credit ; there being a great biatus in the succession of the Bishops : none to be found betweene this S ▪ Asaph , and Geofrie of Monmouth , who was here Bishop in the latter end of King Stephens raigne . And which is more , Henry of Huntington in his recitall of the Welsh Bishopricks reckoneth onely three , Saint Davids , Bangor , and Landaffe : which may be probably imputed to the frequent warres in this bordering Countrey ( for it is seated in the County of Flint , not farre from Chester : ) which made it an unquiet seate for religious persons . This Bishoprick , being at the best , not very rich , was made much poorer in the time of Bishop Parsew , who lived in the daies of King Edward 〈◊〉 . For where the Bishop had before five Episcopall houses , there is none now left but Saint Asaphs onely , the rest together with the lands to them belonging , by him made away , and aliened from the Church for ever : besides , that keeping an house above his meanes , he was faine to let the residue of his lands into tedious leases , not yet expired . This Diocese containeth in it no one whole County ; but part of Denbigh , Flint , Montgomery , Meri●neth , and some townes in Shropsh : wherein are to the number of 121. Parishes , most of the which are in the immediate ▪ Patronage of the Bishop . It hath but one Arch-Deaconry , called of Saint Asapb , which is united to the Bishoprick , for the better sustentation of it . The tenth of the Clergy commeth to 186. li. 19. s. 7. d. ob . q. and for the Bishoprick it selfe , it is valued in the Kings bookes , at the summe of 187. li. 11. s. 6. d. Bishops of Saint Asaph . A. Ch.   560 1 Kentigern .   2 S. Asaph .     ✚ ✚ ✚ 1151 3 Geofry of Monmouth .   4 Adam . 1186 5 Reinerus . 1220 6 Abraham . 1235 7 Howel ap Ednever . * 1248 8 Anian . 1268 9 Anian . II. 1293 10 Llewellen de Bromfeild . 1319 11 David ap Blethin .   12 Ephraim .   13 Henricus .   14 John Trevaur . 1357 15 Llewellen ap Madoc . 1373 16 William de Stridlington 〈…〉 1382 17 Lawrence Child . 1390 18 Alexander Bach. 1395 19 John Trevaur . II. 1411 20 Robertus . 1493 21 John Lowe , tr . to Rochester . 1444 22 Reginald Peacock , transl . to Chich. 1450 23 Thomas . 1484 24 Richard Redman , tr . to Exeter . 1503 25 David ap Owen . 1513 26 Edm. Birkhead . 1519 27 Henry Standish . 1535 28 William Barlow , tr . to S. Davids . 1536 29 Robert Parsew , tr . to Hereford . 1555 30 Thomas Goldwell . 1559 31 Richard Davies , tr . to S. Davids . 1561 32 Thomas Davies . 1573 33 Thomas Hughes . 1595 34 William Morgan . 1604 35 Richard Parry . 1622 36 John Hanmer . 1629 37 John Owen , now Bishop of Saint Asapb . 1641. BANGOR , and the Bishops there . BAngor , another of the Bishopricks of Wales , is of ancient standing ; but by whom founded , not yet knowne . The Cathedrall there is dedicated by the name of S. Daniel , who was Bishop here about the yeare 516. which being cruelly defaced by that wretched Rebell Owen Glendowr , was afterward repaired by Henry Deane , who was once here Bishop . The ruine of this Bishoprick , came in the time of Bishop Bulk 〈…〉 , who not content to alienate and let out the lands ; made a sale also of the Bels : and going to the Sea-shoare to see them shipped , in his returne was smitten with a sudden blindnesse . This Diocese containeth in it the entire County of Carnarvon , wherein Bangor standeth , and the whole Isle of Anglesey ; together with parts of Denhigh , Merioneth , and Mountgomery , and in them to the number of 107 Parishes , whereof 36. impropriated , It hath moreover in it , three Arch Deaconries , viz. of Bangor , Anglesey , and Merioneth , one of the which is added to the Bishoprick , for support thereof . The Bishoprick is valued in the Kings bookes , 131. li. 16. s. 4. d. and answereth for the Clergies tenth , 151. li. 14. s. 3. d. q. Bishops of Bangor . A. Ch   516 1 S. Daniel .     ✚ ✚ ✚   1 Hernaeus , translated to Ely. 1120 2 David . 1139 3 Mauritius .   4 Gulielmus .   5 Guido , alias Guianus . 1195 6 Albanus . 1197 7 Robertus de Salopia . 1215 8 Caducan . 1236 9 Howel .   10 Richardus . 1267 11 Anianus . 1306 12 Caducan . II. 1306 13 Cryffith . 1320 14 Ludovicus . 1334 15 Matthaeus . 1358 16 Thom. de Ringstede . 1367 17 Gervasius de Castro . 1370 18 Howell . II. 1374 19 John Gilbert , tr . to S. Davids . 1376 20 John Clovensis .   21 John Swaffam . 1400 22 Richard Young , tr . to Rochester .   23 Ludovicus . II. 1408 24 Benedict Nicols , tr . to S. David . 1418 25 William Barrow , tr . to Ca●lile .   26 Nicolaus . 1436 27 Thomas Cheriton . 1448 28 John Stanbery , tr ▪ to Hereford . 〈◊〉 29 Jacobus . 1464 30 Thomas Ednam . 1496 31 Henry Deane , tr . to Salisbury . 1500 32 Thomas Pigor . 1504 33 Joh. Penvy , tr . to Carlile . 1505 34 Thomas Skevington . 1534 35 John Capon . tr . to Salisbury . 1539 36 John Bird , tr . to Chester . 1541 37 Arthur Bulkeley . 1555 38 William Glynn . 1559 39 Rowland Merick . 1566 40 Nicolas Robinson . 1585 41 Hugh Bellott , tr . to Chester . 1595 42 Richard Vaughon , tr . to Chester . 1595 43 Henry Rowlands . 1616 44 Lewys Bayly . 1632 45 David Dol●in . 1633 46 Edward Gryffith . 1637 47 William Roberts , Sub-Almoner , now Bishop of Bangor . 1641. BATH AND WELLES , and the Bishops of it . THe Diocese of Bath and Welles , although it hath a double name , is one single Bishoprick . The Bishops seate originally at Welles , where it still continues , and in respect whereof this Church is called in some Writers , Fontanensis Ecclesia . The stile of Bath came in bu● upon the by . The Church of Welles first built by Ina , King of the West-Saxons , Anno 704. and by him dedicated to Saint Andrew : after endowed by Kenu●se , an other King of the same people , Anno 766. and finally made a bishops See in the time of Edward the elder , Anno 905. the first that bore that title being Adelmus , before Abbat of Glastenbury . The present Church , in place where that of Ina had stood before , was built most part of it by Bishop Robert , the eighteenth Bishop of this See ; but finished and perfected by Bishop Iote●ine , sirnamed de Welles . Iohannes de villula , the sixteenth Bishop having bought the towne of Bath of King Henry the first for 500. markes , transferred his seate unto that City , 1088. Hence grew a jarre betweene the Monks of Bath and Canons of Welles , about the election of the Bishop . At last the difference was thus composed by that Bishop Robert , whom before I spake of , that from thence forward the Bishop should be denominated from both places , and that precedencie in the stile should be given to Bath ; that in the vacancie of the See , a certaine number of Delegates from both Churches should elect their Prelate , who being elected , should bee installed in them both ; both of them to be reckoned as the Bishops Chapter , and all his Grants and Patents confirmed in both . And so it stood untill the reigne of King H. 8. what time the Monastery of Bath having beene dissolved , there passed an Act of Parliament for the Deane and chapter of Welles , to make one sole Chapter for the Bishop : Anno 35. H. 8. c. 15. But to proceed , this Diocese hath yeelded to the Church of Rome , one Card. and to the civill state of England , sixe Lord Chancellours , five Lord Treasurers , one Lord Privie Seale , one Lord President of Wales , one principall secretary of Estate . The Diocese containeth in it the whole County of Somerse● , and in that 388. Parishes , whereof 160. are impropriate . It hath moreover three Arch-Deaconries of Bath , Welles , and Taunton ; is valued in the Kings bookes , at 533. li. 1. s. 3 d. and answereth for the Clergies tenth , 353. li. 18. s. ob . q. Bishops of Welles . A. Ch.   905 1 Adelmus , translated to Cant.   2 Wulfelmus , translated to Cant.   3 Elphegus .   4 Wulfelmus . II. 955 5 Brithelmus . 973 6 Kinewardus . 985 7 Sigarus . 995 8 Alwinus .   9 Burwoldus . 1002 10 Leoningus , translated to Cant.   11 Ethelwinus .   12 Brithwinus .   13 Merewith . 1031 14 Dudoco , alias Bodeca . 1059 15 Giso . Bishops of Bath and Welles . 1088 16 Johannes de Villula . 1123 17 Godefridus , L. Chancel . 1136 18 Robertus Lewensis . 1174 19 Reginald Fitz-Joceline translated to Cant. 1192 20 Sava●icus , who removed the See to Glastonbury . 1205 21 Joceline de Welles . 1224 22 Rogerus . 1247 23 Gul. Button , L. Chan. and Treas . 1264 24 Walt. Giffard , transl . to Yorke . 1267 25 Gul. Button . II. 1274 26 Rob. Burnell , L. Chan. and L. Tr. 1292 27 Gul. de Marchia , L. Treas . 1302 28 Walt. Haselshaw . 1310 29 Joh. Drokensford , L. Treas . 1329 30 Radulphus de Salopia . 1336 31 Joh. Barnet , transl . to Ely. 1366 32 Joh. Harewell . 1386 33 Walt. Skirlaw , transl . to Durham . 1388 34 Radulph Erghum . 1401 35 Henry Bowet , transl . to Yorke . 1408 36 Nic. Bubwith . 1425 37 Joh. Stafford , L. Chan. and Treas . transl . to Cant. * 1443 38 Thomas Beckington . 1465 39 Robert de Stillington , L. Pr. Seale , and afterward L. Chan. 1491 40 Rich. Fox , transl . to Durham . 1495 41 Oliver King principall Secretary . 1505 42 Adrian de Castello , Card. 1518 43 Tho. Wolsey , changed this See for Durham , L. Chan. 1523 44 John Clarke , Master of the Rolls . 1541 45 William Knight . 1549 46 William Barlowe . 1554 47 Gilbert Bourne , Lord President of Wales . 1559 48 Gilbert Barkely . 1584 49 Thomas Godwin . 1592 50 John Still . 1608 51 James Montagu . 1616 52 Arthur Lake . 1626 53 William Laud , trans : to London . 1628 54 Leonard Mawe . 1630 55 Walter Curle , trans . to Winton . 1632 56 William Piers , now Bishop there ▪ 1641. BRISTOL , and the Bishops thereof . THe Bishoprick of Bristol is of new erection , first sounded by King Henry 8. who having had the spoile of the Monasteries , and religious houses , was pleased to refund some of it backe againe upon the Church , for the incouragement of learning , and increase of piety . For this end he procured an Act of Parliament , for the erecting of new Bishopricks by his letters Patents , 31. H. 8. c. 9. and did accordingly erect sixe new Bishops Sees , viz. at Bristol , Oxford , Wesstminster , Gloucester , Peterburgh , and Chester . According to the tenor of which Act , he did immediately erect sixe new Bishopricks on the foundations of such ancient Monasteries , as he thought fittest for that purpose , and most convenient of honour , in regard of their situation : Wherein he failed not any where so much as in this of Bristol , the Diocese thereof being very much distant from the See ; atque alio subsole jacens . Now for this Bishoprick , the seate , thereof is Bristol , as before I said , one of the fairest Cities in the Realme of England ; and a just County in it selfe . The Cathedrall Church is dedicated by the name of Saint Austins , founded by Robert Fitz-Harding sonne to a King of Danemarke , once a Citizen here ; and by him stored with Canons Regular . Anno 1148. But this foundation being dissolved , King H. 8. made it a Bishops See , and placed therein a Deane , and sixe Prebendaries , as it still continueth . For 32. yeeres together in Qu Eliz. time it had never a Bishop , but all that while was held in Commendam by the Bishops of Gloucester : the Patrimony of the Church being in the interim much wasted . The Diocese hereof containeth , besides the City of Bristol , the whole County of Dorset ( belonging heretofore to the See of Salisbury : ) and therein 236. Parishes , of which 64. impropriated . It hath onely one Arch-Deacon , which is he of Dorset ; is valued in the Kinges bookes , 383. li. 8. s. 4. d. and answereth for the tenth of the Clergy , 353. li. 18. s. ob . q. Bishops of Bristol . A. Ch.   1542 1 Paul Bush . 1554 2 John Holiman , died 1558.     ✚ ✚ ✚ ✚ 1589 3 Richard Fletcher , translated to London . 1593.     ✚ ✚ ✚ ✚ 1603 4 John Thornbourgh , translated to Worcester . 1617 5 Nicolas Fe●ron , translated to Ely. 1619 6 Jo. Serchfeild . 1622 7 Robert Wright , translated to Lichfeild . 1632 8 George Cooke , translated to Hereford . 1636 9 Robert Skinner , now Bishop there . 1641. CHICHESTER , and the Bishops thereof . THe See of Chichester , was anciently in the Isle of Selsey , not farre from thence : first planted there by Wilfrid Arch-Bishop of Yorke , who being banished his Countrey by Egsride King of the Northumbers , did preach the Gospel to the South-Saxons . To him did Edilwacl● , the South-Saxon King assigne this Iland for his seate ; and after Gedwall King of the West-Saxons , having wonne this Kingdome , built in the same a Monastery , which he made the Bishops See. Here it continued till the time of Bishop Stigand , who first removed the See to Chichester , the principall City of these parts ; first built by Cissa the second King of the South-Saxons , and by him called Cissan-Ceaster . The Cathedrall Church was anciently dedicated to Saint Teter ; new built by Radulph the third Bishop here , after the See removed by Stigand : which being almost all consumed by a raging fire , was afterwards rebuilt and beautified by Siffridus the second . But to proceede , this See hath yeelded to the Church two Saints , to the Realme three Lord Chancellours , to the Court two Almoners , one Chancellour to the University of Oxford : and anciently the Bishops here were Confessours to the Queenes of England , ( for which they have to shew an ancient Charter ) and had allowance for the same . This Diocese containeth the County of Sussex , and in the same : 250. Parishes ; whereof 1 〈…〉 12. impropriated . It hath moreover two Arch-Deacons , viz. of Chichester , and Lewys ; is valued in the Kings bookes , at 677. li. 〈…〉 s. 3. d and answereth for a tenth of the whole Clergy . 287. li. 2. s. ob . q. Bishops of Selsey . A. Ch.     1 Wilfride . 711 2 Eadbertus .   3 Eolla . 733 4 Sigelmus , altas Sigfridus .   5 Alubrith .   6 Osa , vel Bosa .   7 Giselherus .   8 Tota .   9 Wig 〈…〉 n.   10 Ethelulfus .   11 Beornegus .   12 Coen●ede . 131 13 Gutheatd . 960 14 Alfredus . 970 15 Eadhelmus . 980 16 Ethelgarus . 988 17 Ordbright . 〈◊〉 18 Elmar . 1019 19 Ethelricus . 1038 20 Grinketellus . 1047 21 Heca . 1057 22 Agelricus , after whose death the Bishops See and Chaire : was removed to Chichester ; and from henceforth they were entituled by the name of Bishops of Chichester . A. Ch.   1070 23 Stigandus .   24 Gulielmus .   25 Radulphus . 1125 26 Sefsridus .   27 Hilarius . 1174 28 John de Greenford . 1187 29 Seffridus . II. 1199 30 Simon de Welles . 1209 31 Nicolas de Aquila . 1215 32 Richard Poore , 〈◊〉 . to Sallsbury . 1217 33 Radulph de Warham . 1223 34 Radulph de Nevill , L. Chan. * 1245 35 S. Richard sirnamed de la Wich . 1253 36 John Clipping ? 1261 37 Stephen de Berkstede . 1288 38 S. Gilbert de Scon. Leofardo .   39 John de Langton , L. Chan.   40 Robert Stratford , L. Chan. 1362 41 Gul. de Lenn . 1369 42 Gul. Reade . 1385 43 Thomas Rushooke .   44 Richard Mitford , tranflated to Sarum . 1395 45 Robert Waldby . 1396 46 Robert Reade . 1417 47 Stephen Patrington . 1418 48 Henry Ware. 1422 49 John Kempe , transl . to London . 1423 50 Thomas Poldon , translated to Worcester . 1428 51 John Rickingale . 1430 52 Simon Sidenham .   53 Richard Praty , Chancellour of Oxford . 1445 54 Adam Molius , Clerke of the Counsell . 1450 55 Reginald Peacock . 1458 56 John Arundell . 1477 57 Edward Story . 1504 58 Richard Fitz-James , translated to London . 1508 59 Robert Sherborn . 1536 60 Richard Sampson , translated to Lichfeild . 1543 61 George Day . 1551 62 John Scory , after of Hereford . 1557 63 John Christopherson . 1559 64 William Barlowe . 1570 65 Richard Curteys . 1585 66 Thomas Bickley . 1596 67 Anth. Watson , Bishop Almoner . 1605 68 Lancelor Andrewes , 〈◊〉 . to Ely. 1609 69 Sam. Harsenet , tr . to Norwich . 1619 70 George Charleton . 1628 71 Richard Montagu , tr . to Norwich . 1638 72 Brian Duppa , now Bishop and Tutor to the Prince his Highnesse . COVENTRY AND LICHFEILD , and the Bishops thereof . THhe Bishoprick of Coventry and Lichfeild is like that of Bath and Welles ; a double name , a single Diocese . The Bishops See originally at Lichfeild , from thence removed to Chester , and from both to Coventry . Hence is it that the Bishops are called sometimes Cestrenses , sometimes Lichfeildenses , sometimes Coventrienses , and now of late , Bishops of Coventry and Lichfeild . For in the yeere 1088. being that very yeere wherein the See of Welles was removed to Bath ; Robert de Limesey did remove this See to Coventry Hugo Novant , the sixth from him brought it backe to Lichfeild , not without great opposition of the Monkes of Coventry : and in the end , the difference finally was composed by Bishops Savensby , much after the same manner , as before at Welles . For here it was agreed on that the Bishop should be denominated from both places , and that precedencie in the stile Episcopall , should be given to Coventry : that they should choose their Bishop alternatim , in their severall turnes ; that they should both make one Chapter unto the Bishop , in which the Prior of Coventry should be the principall man. And so it stood till that the Priory of Coventry being dissolved by King Henry 8. ( the stile or 〈◊〉 of the Bishop continuing as before it did ) there passed an Act of Parliament 33. H. 8. c. 29 to make the Deane and Chapter of Lichfeild the sole Chapter for the Bishop . The Cathedrall Church here first built by Oswy King of the Mercian● , about the yeere 556. who gave unto the Bishops many faire possessions . But that old Church being taken downe by Roger de Clinton , the 36. Bishop of this Diocese , that which now standeth was built by him in place thereof , Anno 1148. and dedicated to the Virgin Mary and Saint Chad. In sollowingtimes , and almost in the infancie thereof , the revenues of it were so faire , that Lichfeild was thought fit to be the See of an Arch-Bishop . And one it had , no more , his name Adulfus , Anno 783. the Bishops of Winion , Hereford , Sidnacester , Dorchester , ( which two now make Eincoln ) and those of Elmham and of Dunwich ( both which now make Norwich ) being appointed to him for his Suffragans . But with him and King Offa who procured it , this great title died . And now it is content to be a Bishoprick , the Diocese whereof containeth the whole Counties of Darby , and Stafford , together with a good part of Warwickshire and Shropshire . In these are comprehended 557. Parishes , of which 250. are impropriate : for better government whereof , it hath foure Arch-Deacenries , viz. of Stafford , Darby , Coventry , and Shrewsbury . It is valued in the Kings bookes , 559. li. 18. s. 2. d. ob . q. and for the Clergies tenth , it commeth unto 590. li. 16. s. 11. d. q. and finally hath yeelded to the Church three S. to the Realme one Chancellour , and three Lord Treasures ; to Wales three Presidents , one Chancellour to the University of Cambridge , and to the Court one Master of the Wardrobe . Arch-Bishops and Bishops of Lichfeild . A. Ch.   656 1 Dwina . 2 Cellach .   3 Trumher . 4 Jarumanus . 669 5 Saint Chad , or Cedda , tr ; to York . 672 6 Winfridus . 672 7 S. Sexulfus . 692 8 Headda , alias Eatheadus . 721 9 Aldwinus . 733 10 Witta .   11 Hemel . 764 12 Cuthfridus .   13 Bert●●nnus . 785 14 Higbertus . 793 15 Aldulphus the Arch-Bishop .   16 Humbertus .   17 Herewinus .   18 Higbertus . II.   19 Ethelwaldus . 857 20 Humbertus . II. 864 21 Kinebertus . 872 22 S. Cymbertus .   23 Tunbright .   24 Ella . 928 25 Alfgar .   26 Kin●ey .   27 Winsey .   28 Elphegus .   29 Godwinus .   30 Leofgarus .   31 Brithmarus . 1039 32 Wolfius L. Chancell . 1054 33 Leofwine . 1067 34 Petrus , who removed the See to Chester . Bishops of Coventry and Lichfeild . 1088 35 Robert de Limesey , removed the See to Coventry . 1117 36 Robert Peccham . 1119 37 Roger de Clinton . * 1149 38 Walter Durdent . 1161 39 Richard Peche . 1182 40 Gerardus la pucelle . 1186 41 Hugo Novant . 1191 42 Galfridus de Muschamp . 1210 43 Walter Grey , translated to Worcester . 1215 44 William de Cornhull . 1220 45 Alexander de Savensby . 1240 46 Hugh de Pateshul , Lord Treasurer . 1245 47 Roger de Wescham . 1257 48 Roger de Longespee . 1295 49 Walter de Langton , Lord Treasurer . 1322 50 Roger de Northbrook , Master of the Wardrope , and Lord Treasurer . 1360 51 Robert Stretton . 1385 52 Walter Skirlaw , tran● . to Welles . 1395 53 Richard Scrope , tr . to Yorke . * ▪ 1399 54 John Burghill . 1415 55 John Ketterich . 1419 56 Jacobus Caric. 1420 57 Gul. Heyworth . 1447 58 Gul. Boothe . 1452 59 Nicolas Close , Chancellour of Cambridge . 1453 60 Reginald Butler . 1459 61 John Hales . 1492 62 Gul. Smith , tr . to Lincoln . 1496 63 John Arundel , tr . to Exeter . 1503 64 Geofry Blythe , L. Pres . of Wales . 1524 65 Roland Lee , L. Pres . of Wales . 1543 66 Richard Sampson , L. President of Wales . 1555 67 Radulph Bayne . 1559 68 Thomas Bentham . 1578 69 Gul. Overton . 1609 70 George Abbot , tr . to London . 1610 71 Richard Neile , tr . to Lincoln . 1614 72 John Overall , tr . to Norwich . 1618 73 Thomas Morton , tr . to Durbam . 1632 74 Robert Wright , now Bishop of Coventry and Lichfeild . 1641. SAINT DAVIDS , & the Arch-Bishops and Bishops of it . SAint Davids now the seate of a Suffragan Bishop , was once a Metropolitans See in the British Church , and long time the supreme Ordinary of the Welch . In the first planting of the Gospel in King Lucius time , wee shewed that there were three Arch-Bishops seates appointed , viz. at London , York , and of Ca●r-Leon upon Vik . That of Caer-Leon upon Vsk was , in the time of Arthur , King of the Britons , translated further off from the Saxons furie , to a place called Menew , ( Menevia is the Latine name ) but since , in memory of David the Arch-Bishop who so translated it , by us called Saint Davids . From the first name it is , these Bishops use to stile themselves , Menevenses . When Austin the Monk first entred England , the Metropolitan of Saint Davids had then remaining under his jurisdiction seven Suffragan Bishops ; all which gave meeting to the said Austin and his Associates , for the composing of some differences which were between the old and the new-come Christians : viz. the Bishop of Worcester ( Wicciorum ) Llandaff , Bangor , Hereford , Llan-Elwy , or Saint Asaph , Llan-Badern , ( called in Latin Paternensis a place in Cardigan shire , the last is called in Latin Morganensis , which possibly might have his seate in Margan of Glamorgan shire , a place still so called . Of these , Llan-Badern , and this Morganensis are quite extinct , and have long so beene ; Hereford and Worcester a long time reckoned as English Bishopricks , and so none left unto the Metropolitan of S. Davids , but Llandaff , Bangor , & S. Asaphs Now for these Bishops of Saint Davids , we finde that 26. of them retained the title of Arch-Bishops : The last whereof was Sampson , who in a time of pestilence transferd the Archiepiscopall Pall , & with the same the Archiepiscopall dignity to Dole in Bretagne , yet his successours , though they lost the name , reserved the power of an Arch-Bishop : nor did the residue of the Welch Bishops receive their consecration from any other hand then his ; till in the time of H. 〈◊〉 . Bernard the 46. Bishop of this See was forced to submit himselfe to the Church of Canterbury . For the Cathedrall here , it had beene ost spoyled and ruined by the Danes , Norwegians , and other Pirats : as standing neare the Sea , in the extreme corner of Pembroke shire . That which we now see is the worke of Bishop Peter , ( he was the 48. Bishop of this Diocese ) and by him dedicated by the name of Saint Andrew , and Saint David ; though now Saint Andrew be left out , and David onely beares the name . This See hath had the greatest number of Bishops of any in England , 91. in all : and amongst them the Church hath had one Saint , the Realn●e of England three Lord Treasurers , one Lord Privie Seale ; the University of Oxford one Chancellour , and the Queene another . The Diocese containeth the whole Counties of Pembroke , Cardigan , Carmarthen , Radnor , Brecknocke , and some small parts of Monmouth , Hereford , Mountgomery ; and Glamorganshires . In which great quantity of ground there are no more then 308. Parishes , whereof 120. are impropriate . For the more easie government of which here are foure Arch-Deacons , viz. of Cardigan , Garmarthen , Brecknock , and Saint Davids . Finally , it is valued in the Kings bookes , at 457. li. 1. s. 〈◊〉 . d. ob . q. the Clergies tenth amounting unto 336. li. 14. s. 10. d. Arch-Bishops of S. Davids . A. Ch.       519 1 S. Davids . 〈◊〉 Eliud .   3 Theliaus . 4 Kenea .   5 Morvael . 6 Harnurier .   7 Elvaeth . 8 Gurnell .   9 Llendiwith ▪ 10 Gornwist .   11 Gorgan . 12 Eynean .   13 Cledanc . 14 Eludgeth .   15 Eldunen . 16 Elvaoth .   17 Maelsewith . 18 Madeve .   19 Catulus . 20 Silvay .   21 Nanus . 22 Sathveny .   23 Doythwell . 24 Asser . 906 25 Athvael .       26 Sampson , the last Arch-Bishop of the Welch .     Bishops of S. Davids , with Archiepiscopall power .   27 Ruclinus .   28 Lyworch .   29 Nergu .   30 Sulhyder . 942 31 Eneuris . 944 32 Morgeneu .   33 Rhoderick . 961 34 Nathan .   35 Jevan .   36 Argustell .   37 Morgenveth . 998 38 Ervyn . 1038 39 Caermeryn . 1055 40 Joseph .   41 Ble●●●●d . 1070 42 Sulgheym . 1076 43 Abraham . 1088 44 Rithmark .   45 Wilfridus , alias Griffry . 1115 46 Bernardus , Chancellour to Qu. Adeliza , who first submitted himselfe and Church to the See of Cant. Bishops of S. Davids Suffragans to the See of Cant. 1148 47 David Fitz-Gerald . 1176 48 Petrus .   49 Galfridus . 1198 50 Silvester Giraldus . 1215 51 Jorwerth . Vacat sedes per An. 9. 1228 52 Alselmus . 1247 53 Thomas Wallensis . 1255 54 Thomas Carren . 1280 55 Tho. Beck . L. Treas . 1293 56 David de S. Edmundo . 1320 57 David Martyn . 1328 58 Henry Gower . 1347 59 John Thursby , tr . to Wor● . 1349 60 Reginald Brian . tr . to Wor● . 1353 61 Thomas Fastolf . 1361 62 Adam Houghton , Chanc. of Ox. 1369 63 John Gilbert , L. Treas . Vacat sedes An. 4. 1401 64 Guido de Mona , L. Treas . 1409 65 Henry Chicheley , tr . to Cant. 1414 66 John Ketterich , tr . to Lichf . 1415 67 Stephen Patrington , tr . to Chich. 1417 68 Benedict Nicols . 1424 69 Thomas Rodburne . 1435 70 Gul. Lindwood , L. Pr. Seale . 1446 71 John. Langton , Chanc. of Cambr. 1447 72 John Delabere .   73 Robert Tully . 1482 74 Richard Martin . 1483 75 Thomas Langton tr . to Sarum . 1485 76 Hugh Pavy . 1503 77 John Morgan , alias Young. 1504 78 Roger Sherborne , tr . to Chich. 1509 79 Edward Vaughan . 1523 80 Richard Rawlins . 1536 81 William Barlow , tr . to Welles . 1549 82 Robert Farrar . 1554 83 Henry Morgan 1559 84 Thomas Young , tr . to Yorke . 1561 85 Richard Davies . 1567 86 Marmaduke Midleton . Vacat sedes Annos . 4. 1594 87 Anthony Rudd . 1615 88 Richard Milborne , tr . to Carlile . 16●1 89 William Laud , tr . to Welles . 1627 90 Theoph. Feild , tr . to Hereford . 1635 91 Roger Mainwaring , now Bishop of S. Davids . 1641. ELY , and the Bishops of it . THe Church of Ely , anciently was a Monastery : first built by Ethelreda wife to Egfride , King of the Northumbers , and by her planted with religious Virgins , whereof she made her selfe the Abbesse . But her plantation being supplanted by the Danes , and the Church quite ruined , Ethelwold Bishop of Winchester did againe rebuild it , and furnished it with Monkes good store : to whom King Edgar , and the succeeding Kings gave such ample priviledges , and faire possessions , that it did seeme to equall any Church in England . Richard the eleventh Abbat having a minde to quit himselfe of the Bishop of Lincoln , within whose Diocese it stood ; deale with King Henry the first , both with purse and Pater noster , to turne the Abby into a Cathedrall . And though the King asse●ited to it , and that the businesse was transacted with the Bishop of Lincoln , ( who had three Manors of this Abby , viz. Spaldwick , Biggleswad , and Bockden , in exchange for his jurisdiction : ) yet Richard lived not to possesse it , leaving the benefit of his industry and ambition to be enjoyed by another man , which was one Hervey , Bishop of Bungor . As for the Church now standing , it is the worke of severall Bishops : the west parts being with great charge repaired by Bishop Ridall or new built rather ; as were the Quire and Lanterne by Bishop No●wold , which afterwards were fully finished by Bishop Fordham . The whole Church dedicated to S. Ethelred . Ely thus made a Bishoprick , however fortified with great priviledges , ( for in the Isle of Ely the Bishops had all rights of a County Palatine● ) and that it was endowed with so great possessions , as hardly any better in the Realme of England , hath yet beene subject to those changes which time hath wrought . For many of the Palatine rights were taken off , or much restrained by the Act of Parliament , touching restoring to the crowne the antient royalties , 27. H. 8. c. 25. in the which Act it was enacted , that ( instead thereof ) the Bishop of Ely , and his temporall Steward for the Isle of Ely , should from thenceforth be Iustices of the peace in the said Iland . However Ely may be still reputed amongst the first Bishopricks of the second ranke : and may rejoyce 〈◊〉 selfe in this , that it yeelded to this Realme as many great officers as any other in the Kingdome . For it hath given the state● no lesse then nine Lord Chancellours , seven Lord Treasurers , one Lord Privie Seale , one Chancellour of the University of Oxford , one of the Exchequer , two Masters of the● Rolls 〈◊〉 besides two Saints unto the Church , two Gardinals to the Church of Rome , and to the English Court three Almoners . The Diocese hereof containeth onely Cambridg●shire , and the Isle of Ely 〈◊〉 in which there are 14● . Ra●ishes . whereof 75● impropriate . It hath but one Arch-Deacon , which is he of Ely ; is valued in the Kings bookes , 2134. li. 18. s. 5. d. ob . q. the Clergies tenth amounting to the summe of 384. li. 14. s. 9. d. q. Bishops of Ely. A. Ch.   1109 1 Hervey , Bishop of Bangor . 1133 2 Nigellus , Lord Treasurer . 1174 3 Galfridus Rydall . 1189 4 Gul. Longchamp , L. Chan. 1198 5 Eustachius , L. Chan. 1219 6 S. John de Fontibus , L. Treas . 1225 7 Galfredus de Burgo . 1229 8 Hugh Norwold . 1255 9 Gul. de Kilkenny , L. Chan. 1257 10 S. Hugh Balsam . 1286 11 Joh. de Kirby , L. Treas . 1290 12 Gul. de Luda . 1299 13 Radulfe Walpoole . 1302 14 Rob. Orford . 1310 15 Joh. de Keeron . 1316 16 Joh. Ho●ham . Ch. of the Exch. L. Chan. and L. Treas . 1336 17 Simon Montacute . * 1344 18 Tho. Lyde . 1361 19 Sim. Langham , L. Chan. and tr . to Cant. 1366 20 Joh. Barnet , L. Tr. 1375 21 Tho. Arundel , L. Chan. transl . to Yorke . * 1388 22 Joh. Fordham . 1425 23 Phil. Morgan , L. Pr. Seale . 1435 24 Lewis of Luxembourg , Card. * 1443 25 Tho. Bourchier , Card. translated to Cant. * 1454 26 Wil. Grey , L. Treas . * 1478 27 Joh. Morton , Master of the Rolls . L. Chan. 1486 28 Joh. Alcock , Master of the Rolls . 1501 29 Rich Redman . 1506 30 James Stanley . * 1515 31 Nicolas West . 1534 32 Tho. Goodrich , L. Chan. 1554 33 Tho. Thirlby . 1559 34 Rich. Cox , Alm. Chan. Oxford . Vacat sedes , Annos 20. 1599 35 Martin He●on . 1609 36 Lancel . Andrewes , Alm. transl . to Wint. 1618 37 Nicolas Felton . 1627 38 Joh. Buckeridge . 1631 39 Francis White , Bishop Almoner . 1638 40 Matthew Wrenn , Deane of the Chappell , now Bishop of Ely 1641. EXETER , and the Bishops there . THe Diocese of Exeter containeth that in it , which was once two Bishopricks . For at the first planting of the Church in these westerne parts , it was thought convenient to erect two Bishops Sees , the one for Cornwall at S. Germans ; the other for Devonsh . at Cridington , now Kinton , a small Village . But that of Cornwall , being annexed to Cridington , about the yeere 1032. both were , not long after , removed to Exeter , the most noted City of these parts , where it still continueth . Now for the Church of Exeter it was once a Monastery , founded by King Athelstane , and by him dedicated unto Saint Peter-Edward the Confessour , removing all the Monkes from hence to Westminster , which he had newly founded and endowed , made it the Bishops See for Devonsh . and Corne wall , then united . The Church as now it standeth doth owe it selfe to severall Patrons ; the Quire to Bishop Warlwast , the body of the Church to Bishop Quivil , the side Isles to Grandison : that which is now our Ladies Chappell , being a remnant of the old fabrick . The Patrimony thereof once very large , was wasted and destroyed by Bishop Voisie : who being made Bishop here by King Henry 8. fate out the residue of his raigne , and all K. Edwards , and some part of Queene Maries also . For whereas at his comming hither , he found the Church possessed of 22. goodly Manors , and 14. Mansion houses richly furnished : he lest not above seven or eight of the worst . Manors , and those let out in long leases ; and charged with pensions ; and not abovè two houses , both bare and naked ; of which see Bishop Godwins Catalogue , and Powels History of Wales . This Diocese hath yeelded to the Realme of England , three Lord Chancellours , two Lord Treasurers , one LordPresident of Wales ; and to the University of Oxford , one Chancellour . It containeth in it the two Counties of Devon , and Cornwall , and in them 604 Parish Churches , whereof 239. are impropriate ; for government whereof it hath foure : Arch-Deacons , viz. of Cornwall , Exeter , Barnestable , and Taw●on . The Bishoprick was once valued at 1566. li. 14. s. 6. d. But since the diminution , or destruction rather , made by Bishop Voisie ; it is now valued at 500. l. just . The Clergies tenth here very high , or mounting to the sum of 1240. li. 15. s. 2. d. ob . Now for the marshalling of the Bishops of this once divided Diocese , we will present you with those of Devo●shire and Cornwall , columne-wise , one against the other , according to their time and order , untill wee meete them both in the Church of Exeter . Bishops of Devonsh . Cornwall . A. Ch.         905 1 Eadulphus . 905 1 Athelstan . 906 2 Putta .   2 Conanus . 910 3 Eadulfus . II.   3 Ruidocus . 932 4 Ethelgarus .   4 Aldredus . 942 5 Algarus .   5 Britwinus . 952 6 Alswoldus .   6 Athelstā . II 972 7 Alswolfus .   7 Wolfi . 981 8 Sidemannus   8 Woronus . 990 9 Alfredus .   9 Wolocus . 999 10 Alswoldus . II.   10 S●idio . 1014 11 Eadnothus .   11 Aldredus . 1032 12 Liningus , who after the death of Burwoldus Bishop of Cornwall , procured that Bishoprick to bee annexed unto his owne : which was no sooner done , but that his next successour removed both to Exeter ; since when the Bishops have beene called   12 Burwoldus , the last Bishop of Cornwall . Bishops of Exeter . A. Ch.   1049 1 Leofricus , who removed the See to Exeter . 1079 2 Osbernus . 1107 3 William Warlewast . 1122 4 Robert Chichester . 1150 5 Robert Warlewast . 1159 6 Bartholm . Iscanus . 1186 7 Johannes . 1191 8 Henry Marshall . 1206 9 Simon de Apulia . 1224 10 Gul. Brewer . 1245 11 Richard Blondy . 1257 12 Walter Bronescomb . 1280 13 Peter Quivill . 1293 14 Thomas Button . 1307 15 Walter Stapleton , L. Treas . 1326 16 Jamēs Barkeley . * 1327 17 John Grandison . * 1370 18 Thomas Brentinsham . L. Treas . 1395 19 Edm. Stafford , L. Chan. * 1419 20 John Ketterich . 1419 21 John Carle . 1420 22 Edm Lacy. 1455 23 George Nevill , L. Chan. and Chan. of Oxford , tr . to Yorke . * 1466 24 John Boothe . 1477 25 Peter Courtney , tr . to Winton . * 1486 26 Richard Foxe , tr . to Weles . 1492 27 Oliver King , tr . to Welles . 1495 28 Richard Redman . 1501 29 John Arundell . 1504 30 Hugh Oldham . 1519 31 John Voysie , L. Pres . of Walles . 1551 32 Miles Goverdale . 1556 33 James Turberville . 1560 34 Gul. Alley . 1570 35 Gul. Bradbridge . 1579 36 John Woolton . 1594 37 Gervase Babington . 1598 38 Gul. Cotton . 1621 39 Valentine Cary. 1627 40 Joseph Hall , now Bishop of Exeter . 1641. GLOCESTER , and the Bishops there . GLocester was anciently the scate of a British Bishop , whose stile sometimes occurres in the subscriptions of Synodicall Acts , by the name of Cluviensis ; this towne being formerly called Clevid , as Camden noteth . And I remember that I have seene in the Palace os Glocester , the name of ✚ ✚ ✚ said to bee Bishop there in the Britons time . But whether it were so or not ; or whether Glocester were a Bishoprick in those dayes of old , is not materiall to our purpose . For that which was , was brought to nothing by the Saxons , and when they entertained the faith of Christ , it was first under the authority of the Bishops of Lichfeild , as afterwards of those of Worcester . But in these later dayes it was dismembred from that Diocese , and by King Henry 8. made a Bishops See , what time the rest of new erection were by him founded , as we have spoke before , when we were in Bristol . Now for the indowment of this Bishopricke by him erected , ( besides a Chapter of a Deane , and sixe Prebendaries by him so founded ) he assigned over all , or most of the lands , unto the ancient Monasteries here , once belonging : which being first built by Aldred , Arch-Bishop of Yorke , and Bishop of Worcester , and afterwards repaired by Hanley , Farley , Mo●went , Herton , Trowcester , and Sebroke , severall Abbats here , became in fine to be , what it still continueth , one of the fairest Fabricks in the Realme of England . The Diocese containing onely Glocester shire , hath in it 267. Parishes , whereof 125 are impropriations ; and one Archdeacon , being called of Glocester . Valued it is in the Kings bookes , 315. li. 17. s. 2. d. according to the estimate thereof at the first foundation : though in two vacancies which it had in Queene Eliz. time , much of the lands were taken from it ; ( sor which see what was said before in the case of Ely. ) And for a tenth of all , the Clergie pay unto the King 358. l. 15. s. Bishops of Glocester . A. Ch.   1541 1 John Wakeman , last Abbat o Tewkesbury . 1550 2 John Hooper . 1555 3 James Brookes . Vacat sedes Ann. 3. 1562 4 Kichard Cheinie . Vacat sedes Ann. 3. 1581 5 John Bullingham . 1598 6 Godfr Goldsbourgh . 1604 7 Thomas Ravys , tr . to London . 160● 8 Henry Parry , tr . to Wo●cest . 1611 9 Giles Tomson . 1612 10 Miles Smith . 1624 11 Godfr . Goodman , now Bishop there . 1641. HEREFORD , and the Bishops there . HEreford also was of old one of the Bisho pricks erected in the Britons time ; sirst under the Metropolitan of Caer-Leon upon Vske , of Saint Davids afterwards , and when these parts were conquered by the Saxon Kings , it came to be a member of the Province of Canterbury . The Carhedrall Church here founded first by Milfride , one of the Noblemen of this County in honor of Ethelbert , King of the East Angles treacherously made away by the Queene of Mercia , his intended mother in law . That which now standeth , oweth the most part of it selfe to Bishop Reinelm ; and what he lived not to performe , was finished ? by his ▪ successours , as they had either meanes or opportunity . The Diocese hereof containeth the Co●nty of Hereford , and part of Shrop-shird ; wherein it hath 313. parish Churches , of which 166. are impropriations : and for the government hereof , hath two Arch-Deacons , viz. of Hereford and Salop. It hath affordediro the Church one Saint , to the state two Chancellours , and three Lord Treasurers , one Deputy to the Realme of Ireland , two Chancellours to the University of Oxford , and one unto the Queenes of England . Finally 〈…〉 valued in the Kings bookes , 768. li. 10. s. 6. d. ob . q. the tenth of the Clergy comming 〈…〉 3●0 . li. 2. 5. 2. d. ob . Bishops of Hereford . A. Ch.   680 1 Putta .   2 Tirtellus .   3 Torteras .   4 Wastoldus . 740 5 Cuthbertus .   6 Podda .   7 Ecca .   8 Cedda . 857 9 Albertus .   10 Esna . 885 11 Gelmund .   12 Utellus .   13 Wulfehard .   14 Benna .   15 Edulfus .   16 Cuthwolfus .   17 Mucellus .   18 Deorlaf .   19 Cnnemond .   20 Edgar .   21 Tidhelm .   22 Wulfehelm .   23 Alsricus .   24 Athulfus .   25 Athelstan . 1055 26 Leovegard . Vacat sedes Ann. 4. 1060 27 Walterus . 1079 28 Robert Losinga .   29 Gerrardus , 〈◊〉 to Yorke . 1107 30 Reinelmus Chan. to the Queene . 1115 31 Galfredus de Cliva . 1120 32 Richardus . 1131 33 Robert de Betun . 1149 34 Gilbert Foliot , ●r . to London . 1162 35 Robert de Melun . 1174 36 Robert Folion 1186 37 Gul. de Vero , 1200 38 Egidius de Bruse . 1216 39 Hugh de Mapemore . 1219 40 Hugh Folior . 1234 41 Radulph de Maydestone . 1239 42 Peter de Eg●eblad● . 1268 43 John Breton , the geat Lawyer . 1275 44 S. Thomas Canterupe , 〈◊〉 of Oxford , and L. Chan. 1282 45 Richard Swinfeild . 1317 46 Adam de Orlton , L. 〈◊〉 . translto Worcest . 1327 47 Thomas Carlton , Deputy of Ireland , and L. Treas . 1344 48 John Trilleck . 1361 49 Lud. Charlton . 1369 50 Gul. Courtney , tr . to London . * 1376 51 John Gilbert , L. Treas . tr . to S. Davids . 1389 52 John Treffant . 1405 53 Robert Mascall . 1417 54 Edm. Lacy , tr . to Exeter . 1420 55 Tho. Polton , tr . to Chichess . 1422 56 Tho. Spofford . 1448 57 Rich. Beauchamp , tr . to Sarum , * 1450 58 Reginald Butler . * 1453 59 John Staubery . 1574 60 Tho. Milling . 1492 61 Edm. Audley , tr . to Sarum . * 1502 62 Adrian de Castello , tr . to Welles . 1504 63 Rich. Mayo , Chan. of Oxford . 1516 64 Charles Boothe . 1535 65 Edward Foxe . 1539 66 John Skipp . 1553 67 John Harley . 1554 68 Robert Persewe . 1559 69 John Scorie . 1585 70 Herbert Westfaling . 1602 71 Robert Benner ,   72 Francis Godwin . 1633 73 Augustin Lindsell . 1634 74 Matthew Wrenn . 1635 75 Theophilus Feild . 1636 76 Ge●● Cooke , now Bishop . 1639. LLANDAFF , and the Bishops there . LLandaff is one of the most ancient Bishops Sees either in England or Wales ; and claimeth a direct succession from the Arch-Bishops of Caerleon upon Vske , as unto the Bishopricke ; though for the Metropolitan dignity it bee content to let S. Davids , have what is left thereof . The first Bishop here , of whom is any good record , is S. Dubritius , consecrate Bishop of this places by Lupus and Germanus , what time they came hither out of France , for the extirpation of the Pelagian heresie . The Church here dedicated to S. Thelians , the next successour to S. Dubritius ; founded upon the River Taffi , and thence called Llandaff ; Llan , in the Welch tongue , signifying a Church ; a Church very well endowed by the munificence and piety of great persons in those times : so well , that as it is affirmed by Bishop Godwin , were it possessed now of the tenth part onely of what once it had , it might be reckoned one of the richest Churches in all Christendome . The ruine of it came in the time of Bishop Dunstan , alias Kitchin , who thereupon is called sundi nostri calamitas by Bishop Godwin ; The Diocese containeth onely part of Glamorganshire , and part of Momnouthshire , though the most of each : and in those parts , 177. Parishes , whereof 98. impropriations and for them one ▪ Arch-Deacon , which is called of Llandaff . The Bishopricke is valued in the Kings bookes , 154. li. 14. s. 1. d. the Clergy paying for their tenth , somewhat neere that summe , viz. 155. li. 5. s. 4. d. It is to be observed , or may be if it please the Reader , that neither here , nor at Saint Davids , there is any Deane , nor never was in any of the times before us : the Bishop being head of the severall Chapters ; and in his absence the Arch-Deacon here , as is the Chanter at S. Davids . Bishops of Llandaff . A. Ch.     1 S. Dubritius . 522 2 S. Telian , alias Eliud .   3 S. Oudoceus .   4 Ubilwmus .   5 Ardanus .   6 ●●gistil .   7 Limapejus .   8 Comegern .   9 Argwistill .   10 Garvan .   11 Guodioin .   12 Edilbmus .   13 Grecielus .   14 Berrhgwen .   15 Trychan .   16 Elvogus .   17 Cargwaret .   18 Cerenhir .   19 Nobis .   20 Gulfridus .   21 Nudd .   22 Cimelianc .   23 Libian .   24 Marclnith .   25 Pater . 982 25 Gogwan . 993 27 Bledri . 1022 28 Joseph . 1056 29 Herewaldus . 1107 30 Urbanus . Vacat sedes Annos . 6. 1139 31 Uhtred . 1148 32 Galfridus . 1153 33 Nicolas ap Gurgaur . 1183 34 Gul. de Salso Marisco .   35 Henricus . 1219 36 Gulielmus . 1229 37 Elias de Radnor . 1244 38 Gul. de Burgo . 1253 39 John La Wate . 1256 40 Gul. de Radner . 1265 41 Gul. de Brews . Vacat sedes Annos 9. 1296 42 John Monumeteus . 1323 43 John Eglescliffe . 1347 44 John Pascall . 1362 45 Roger Cradoc . 1383 46 Thomas Rushooke , translated to Chichester . 1385 47 Gul. de Bottlesham , translated to Rochester . 1389 48 Edm. Bromfeld . 1391 49 Tidemannus , translated to Worcester . 1395 50 Andrew Barrer .   51 John Burghill , translated to Lichfeild . 1399 52 Thomas Peverell , translated to Worcester . 1408 53 John Zouch . * 1423 54 John Wells . 1441 55 Nicolas Ashby . 1458 56 John Hunden .   57 John Smith . 1478 58 John Marshall .   59 John Ingleby . 1504 60 Miles Salley . 1516 61 George Athequa . 1537 62 Robert Holgate , translated to Yorke . 1545 63 Anthony Kitchin. Vacat sedes , Annos . 3. 1566 64 Hugh Jones . 1575 65 Gul. Blethin . 1591 66 Gervase Babington , translated to Oxford . 1595 67 William Morgan , tr . the Bible into Welch . 1601 68 Francis Godwin , tr . to Hereford . 1618 69 George Carleton , tr . to Chich. 1619 70 Thoph . Feild , tr . to S. Davids . 1628 71 John Murrey , Bishop of Kilfanore in Ireland . 1639 72 Morgan Owen , now Bishop there 1641. LINCOLN , and the Bishops there . THe Bishopricke of Lincoln , like that of Exeter , was once two Dioceses : the Bishops of the which had their severall seates , the one at Dorchester now a private Village , seven miles from Oxford ; the other at Sidnacester , not farre from Gainsburgh , ( as Camden thinkes ) in the County of Lincoln , the ruines of the which are now invisible . But Sidnacester being in little time united unto Dorchester ; the Bishops See was not long after removed to Lincoln : and that by reason of a Canon made about that time , viz. An. 1075. by which all Bishops were enjoyned to live in the most famous and conspicuous place within their Dioceses . Which was the cause , why many of our Bishops did about this time remove their Sees ; as we have seene already , and shall see hereafter . For the Cathedrall Church here , it s of no more standing then the removall of the Bishops See to this place from Dorchester ; that which was once here founded by Paulinus , Arch-Bishop of Yorke , having beene long before this time quite ruined . But when Remigius translated hither the Episcopall Chaire , hee also built this Church for receipt thereof . Which being not long after defaced by fire , was for the most part repaired and beautified by Bishop Alexander , one of his successours : but brought unto that state in which now it is , by Hugh of Burgundy , and certaine other of the Bishops the Church is dedicated to the Virgin Mary , and All Saints . As for the Diocese , it is the greatest still for jurisdiction , and was once one of the greatest for revenue in all the Kingdom . But for the jurisdiction that hath been shortned , though at severall times : the Bishoprick of Ely being taken out of it by King Henry the first , as those of Peterburgh , and Oxford , by King Henry 8. yet still it is the largest Diocese in all the Kingdome ; containing the whole Counties of Lincoln , Leicester , Huntingdon , Bedford , Buckingham , and part of Herefordshire . In which great quantity of ground , there are 1255. Parishes , whereof 577. are impropriations ; for government of which under the Diocesan , there are sixe Arch-Deacons , viz. of Lincoln , Leicester , Bedford , Buckingham , Stow , & Huntingdon . The Clergies tenth is answerable unto this great extent of jurisdictiō , being no lesse then 1751. li. 14. s. 6. d. The Bishoprick being valued at 894. li. 10. s. 1. d. 0b . in the K. bookes . Now for the dignity of this feare , wee will adde but this , that it hath yeelded to the Church three Saints , and to Rome one Cardinall ; unto the realme of England sixe Lord Chancellours , and one Lord Treasurer , and one Lord Keeper ; foure Chancellours to the University of Oxford , two to Cambridge ; And that the Bishops here , were heretofore Vice chancellours to the See of Canterbury , Which being thus premised , I shall proceede in ordering the Bishops here , as I did at Exeter . Bishops of Sidnacester . A. ch .   678 1 Eadhedus .   2 Ethelwinus .   3 Edgar .   4 Kinelbertus . 733 5 Alwigh . 751 6 Eadulfus . 764 7 Ceolulfus . 787 8 Eadulfus , II. after whose death this Church being a long time vacant , was joyned to Dorchester . Bishops of Dorchester . 635 1 Birinus . 650 2 Agilbertus .   ✚ ✚ ✚ 737 3 Tota . 764 4 Edbertus .   5 Werenbertus . 768 6 Unwora . 816 7 Rethunus . 851 8 Aldredus . 873 9 Ceolredus .   10 Halardus .   ✚ ✚ ✚ 905 11 Ceolulfus .   12 Leoswinus , who first united the See of Sadnacester , unto that of Dorchester . 960 13 Ailnothus .   14 Asewinus .   15 Alshelinus .   16 Eadnothus . 1016 17 Eadhericus . 1034 18 Eadnothus . II. 1052 19 Ulsus Normannus . 1053 20 Wulfinus , after whose death Remizius his successour removed the Bishops See to Lincoln , who from hence forward are to be entituled Bishops of Lincoln . 1070 21 Remigius de Feschamp S. 1092 22 Robert Bloet . L. Chan. 1123 23 Alexander , L. Chan. 1147 24 Robert de Chesney . Vacat sedes , Annos 17. 1183 25 Walter de Constantiis , L. Chan. 1186 26 S. Hugh . 1203 27 Gul. Bleserrsis . Vacat , Annos 3. 1209 28 Hugo Wallis , L. Chan. 1235 29 Robert Grosthead . 1254 30 Henry Lexington . 1258 31 Benedict de Gravesend . 1280 32 Oliver Sutton . 1300 33 John Aldbery . 1319 34 Thomas Beake . 1320 35 Henry Eurwesh , L. Treas . * 1341 36 Thomas Le Beck . 1351 37 John Sinwell . 1363 38 John Bokingham . 1397 39 Henry Beauford . * 1405 40 Phil. de Repingdon , Card. Ch. Ox. 1420 41 Richard Flemming . 1431 42 Gul. Grey . 1436 43 Gul. Alnwick . 1450 44 Marm. Lumley , Chan. Camb. 1452 45 John Chadworth . 1471 46 Thomas Rotheram , Lord Chancel . and Ch. cambr . 1480 47 John : Russell , Lord Chan. and Chan. Oxford . Vacat Annos 5. 1495 48 Gul. Smith , Chan. Oxford . 1412 49 Thomas Wolsey Almoner , trransl . to Yorke . 1414 50 Gul. Atwater . 1521 51 John Longland , Chan. Oxford . 1547 52 Henry 〈…〉 bech . 1552 53 John Tayler . 1553 54 John White . 1557 55 Thomas Watson . 1559 56 Nicolas Bullingham . 1570 57 Thomas Cowper , tr . to Winton . 1584 58 Will. Wickham , tr . to Winton . 1594 59 Will. Chadderton . 1608 60 Will. Barlowe . 1613 61 Rich. Neyle , tr . to Durham . 1617 62 Geo. Monteine , tr . to London . 1921 63 John Williams , L. Keeper , now Bishop of Lincoln . 1641. LONDON , and the Bishops there . LOndon was heretofore the principall of the three Arch-bishopricks amongst the Britons , and by Pope Gregory was intended to have beene so too amongst the English : but that Saint Austin whom hee sent to convert the Saxons , liking of Canterbury well , resolved to set his staffe up there , without going further . This had before beene prophecied by Merlin , that Dignitas Londoniae adornaret Doroberniam , and was now accomplished . What , and how many were the Arch-bishops here , we have no good Constat . Sixteene are named by Bishop Godwin , but with no great confidence : but howsoever doe nor come within my compasse , who have confined my selfe to the Saxons time , in the first infancie of whose conversion , this City was designed for a Bishops See. The Cathed , Church built also in those early dayes by Ethelbert , the first Christian King of all the English ; but afterwards much beautified and enlarged by Erkenwald , the fourth Bishop . Which Church of theirs being 500. yeeres after destroyed by fire : that which now stands was built in the place thereof , by Mauritius , Richardus his successour , and certaine others of the Bishops ; a great part of it at their owne charge , the residue by a generall contribution over all the Kingdome . And when it was defaced by fire in the late Queenes time , An. 1561. the Qu. forthwith directed her letters to the Major of London , willing him ( as Iohn Stowe , the City Chronicler reports it ) to take order for speedy repairing of the same : which was done accordingly . The Bishop of this Diocese hath precedencie before all Bishops of the Realme , next the two Arch-bishops , together with the dignity and place of Deane , unto the Metropolitan See of Canterbury . The nature of which office is , not onely to preside over the rest of the Bishops at Synodicall meetings , in case the Metropolitan be absent : but to receive his mandats , for assembling Synods , and other businesse of the Church ; and having so received them , to intimate the tenour and effect thereof to the Suffragan Prelates . Examples of the which see in the Acts and Monuments . And for this Diocese it selfe , it containeth in it the two Counties of Middlesex , and Essex , with that part of Hertsordshire , which is not in the Diocese of Lincoln : wherein are reckoned 623. Parishes , and of them 189. impropriated : for government whereof there are five Arch-Deacons , viz. of London , Middlesex , Essex , Colchester , and Saint Albans . Valued it is in the Kings bookes 1119. li. 8. s. 4. d. the Clergies tenth amounting to the summe of 821. li 15. s. 1. d. Finally , this See hath yeelded to the Church three Saints , to the State nine Lord Chancellours , sixe Lord. Treasurers , one Chancellour of the Exchequer , two Masters of the Rolls , besides foure Almoners to the Court , and two Chancellours to the University of Oxford ; whose names occurre amongst these following . Bishops of London . 606 1 S. Melitus , tr . to Cant.     ✚ ✚ ✚ ✚ 654 2 Ceadda . 666 3 Wina . 665 4 S. Erkonwald . 685 5 Waldherus .   6 Ingualdus .   7 Egwolfus .   8 Wighed .   9 Eadbright .   10 Edgarus .   11 Kenwalchus .   12 Eadbaldus .   13 Hecbertus . 801 14 Osmundus , alias Oswinus . 833 15 Ethelnothus .   16 Ceolbertus .   17 Renulfus , alias Ceonulfus ,   18 Suithulfus . 851 19 Eadslanus . 860 20 Wulfius .   21 Ethelwardus .   22 Elstan . 898 23 Theodredus .   24 Walstanus .   25 Brithelmus . 958 36 Dunstanus , S. tr . to Cant. 962 27 Alfstanus .   28 Wulfstanus .   29 Alhumus .   30 Alwy .   31 Elfwardus . 1044 32 Robert Normannus . 1050 33 Gul. Normannus . 1070 34 Hugo de Orevalle . 1087 35 Mauritius , L. Chan. 1108 36 Richard de Beaumis . 1128 37 Gilbertus . Vacat sedes , Annos 7. 1140 38 Robert de Sigillo . 1151 39 Richard Beaumis . II. 1161 40 Gilbert Folior . 1189 41 Richard Nigellus , L. Treas . 1199 42 Gul. de S. Maria. 1222 43 Eustatius de Falconbridge . Chan. of the Exchequer , and L. Treas . * 1229 44 Roger Nigor . 1244 45 Fulco Basset . * 1259 46 Henry de Wingham . , L. Treas . 1261 47 Richard Talbot . 1263 48 Henry de Sandwich . 1274 49 John de Chisul . L. Chan. and L. Treas . 1280 50 Richard de Gravesend . 1305 51 Radulf de Baldock , L. Chan. 1313 52 Gilbert Segrave . 1317 53 Richard Newport . 1318 54 Stephen Gravesend . 1338 55 Richard Bentworth , L. Chan. 1339 56 Radulf Straford . 1355 57 Nicol. Northbrooke . 1361 58 Sim. Sudbury , tr . to Cant. 1375 59 Gul. Courtney , Chan. Ox. transl . to Cant. * 1381 60 Rob Braybroke . 1404 61 Roger Walden , L. Treas . 1406 62 Nicolas Bubweth , Master of Rolls , and L. Treas . 1407 63 Richard Giffard . 1421 64 John Kemp. L. Chan tr . to Cant. 1426 65 Gul. Grey , tr . to Lincoln . 1431 66 Robert Fitz-Hugh . * 1435 67 Robert Gilbert . 1449 68 Thomas Kemp. 1489 69 Richard Hill. 1497 70 Thomas Savage . 1500 71 Will. Warham , L. Chan. transl . to Cant. 1505 72 William Barnes . 1506 73 Richard Fitz-James . 1522 74 Cutbert Tunstall , tr . to Durham . 1530 75 John Stokesley . 1540 76 Edm. Bonner , displa . by K. Edw. 6. 1549 77 Nicolas Ridley , displaced by Qu. Mary , and Bonner restored againe , 1553. 1559 78 Edm. Grindall , tr . to Yorke . 1570 79 Edwin Sandis , tr . to Yorke . 1576 80 John Elmer , Bishop Almoner . 1594 81 Richard Fletcher , Bishop Almoner 1597 82 Richard Bancroft , tr . to Cant. 1604 83 Richard Vaughan . 1607 84 Thomas Ravis . 1609 85 George Abbot , tr . to Cant. 1611 86 John King. 161 87 George Monteine , Bishop Almoner . 1628 88 Will. Laud. Ch. Oxford , transl . to Cant. 1633 89 William Juxon , Bishop of London , and L. Treas . 1641. NORWICH , and the Bishops there . THe Diocese of Norwich , like those of Exeter and Lincoln , was once two Bishopricks : the one of Suffolk , whose seate was D 〈…〉 ich on the Sea shoare ; the other of Norfolk , whose See was at North-Elmham , now a poore Village not farre from Repeham . The Bishop of the first was Felix a Burgundian , who first converted the East-Angles . The third from him was Bisus , who finding himselfe , by reason of his age , too weake for so great a burden , divided his Diocese into two , making North Elmham the Episcopall seate for that part of the whole which we now call Norfolke . Both of them lay long dead in the times of the Danish furie : that of North-Elmham after an hundred yeeres desolation , reviving onely ; the other laid to rest for ever . North Elmham thus possessed of the whole jurisdiction , could not hold it long : the Bishops . See being removed to Thelford first by Herfastus ; as afterwards from thence to Norwich by Herebert Losinga . There it hath since continued till these very times , though nothing else continue of it but the See alone , For all the lands thereto belonging were taken from it by King Henry the 8. those which did formerly appertaine unto the Monastery of Saint Bennets in the Holme ( by that King dissolved ) being assigned unto it by exchange . For which consult , the Statute , 32. H. 8. 47. in the which Statute it is said that the lands given in recompence were of a greater yeerely value then those taken from it . So that the Bishop , as it seemes , got in revenue then , though he lost in priviledge . For whereas the Bishops here had the first fruits of all the Benefices within the Diocese , by an ancient custome : that was united to the Crowne by Act of Parliament , 26. H. 8. c. 3. Now for the Church of Norwich , it was founded first by him who first removed hither the Bishops See , even by Herebertus Losinga ; and by him dedicated to the blessed Trinity : Which being much defaced by fire , ( which was it seemes , a common calamity of all the Churches of those times ) was afterwards repaired by Iohn of Oxford , the third after him ; and once againe being fire-touched , by Bishop Midleton , who brought it to that state in which now it stands . This See hath yeelded to the Church two Saints , to the Realme five Chancellours , one Lord Treasurer , and one Lord Chiefe Justice , one Bishop Almoner to the Court , and to the King one principall Secretary of State. The Diocese containeth in the two Counties of Norfolke and Suffolke , 1121. Parish Churches , whereof 385. impropriate : for better ordering of the which it hath foure Arch-Deacons , viz. of Norwich , Norfolke , Suffolke , and Sudb●ry . Finally , this Bishoprick is valued in the King's bookes , 899. li. 18. s 7. d. ob . The tenth of the whole Clergy amounting to the summe of 1117. li. 13. s. ob . Now for the line of Norwich it is thus drawne downe . Bishops of the East-Angles . A. Ch.   630 1 S Felix . 647 2 Thomas Diaconus . 652 3 Bregilfus . 665 4 Bisus , by whom this Diocese was divided into those of Elmham . Dunwich .   1 Bedwinus .   1 Acca .   2 Northbertus .   2 Astwolfus .   3 Headulacus . 734 3 Eadfarihus .   4 Eadilfredus .   4 Cuthwinus .   5 Lanferthus .   5 Aldberthus .   6 Athelwolsus .   6 Aglafius .   7 Alcarus .   7 Hardulfus .   8 Sibba .   8 Aelphunus .   9 Alherdus .   9 Thedfridus .   10 S. Humbertus , after whose death , both Sees lay vacant for the space of 100. yeeres .   10 Werēundus .         11 Wilredus . the last Bishop of Dunwich . 955 11 Astulphus , Bishop of both Sees .   12 Alfridus .   13 Theodredus .   14 Athelstan .   15 Algarus .   16 Alwinus .   17 Alfricus . 1038 18 Alifrejus .   19 Stigandus , tr . to Winton . 1043 20 Grinketell . 1047 21 Ethelmar . 〈◊〉 22 Herfastus , who removed the See to Thetford , L. Chan.   23 Gul. Galsagus , L. Chan. after whose death the Bishops See was removed to Norwich , and his successours thence intituled Bishops of Norwich . 1088 24 Herebert Losinga , L. Chan. 1120 25 Everardus . 1151 26 Gul. Turbus . 1177 27 John Oxford . 1200 28 John Grey , L. Chiefe Justice . Vacat Annos . 7. 1222 29 Pandulphus . 1226 30 Tho. de Blundeville . 1236 31 Radulphus . Vacat Annos 3. 1239 32 Gul. Ralegh , tr . to Winton . 1244 33 Walter de Sufeild . 1253 34 Simon de Wantam . 1268 35 Roger de Skerwing . 1278 36 Gul. Middleton . 1288 37 Radul . Walpoole , translated to Ely. 1299 38 John Salmon , L. Chan. 1325 39 Robert Baldock , Lord Chancellour . 1325 40 William Ayermyn , Lord Keeper , and L. Treas . 1337 41 An● de Beck .   42 Gul Bateman . 1354 43 Tho. Percy . * 1370 44 Henry Spencer . 1408 45 Alexander . 1413 46 Richard Courtney . * 1416 47 John Wakering . 1426 48 Gulielmus Alnwick , translated to Lincoln . 1436 49 Tho. Browne . 1445 50 Walter Harr. 1472 51 James Goldwell , principall Secretary . 1499 52 Tho. Jan. 1500 53 Richard Nix . 1536 54 Gul. Rugg , alias Reppes . 1550 55 Thomas Thirleby , translated to Ely. 1554 56 John Hopton . 1560 57 John Parkhurst . 1575 58 Edm. Freke , translated to Worcester . 1584 59 Edm. Scambler . 1594 60 Gul. Redman . 1602 61 John Jegon . 1618 62 John Overall . 1619 63 Sam. Harsnet , tr . to . Yorke . 1628 64 Fr. White , Almoner , tr . to Ely. 1632 65 Richard Corbet . 1635 66 Matthew Wrenn , Deane of the Chappell , tr . to Ely. 1638 67 Richard Montague , Bishop of Norwich , died 1641. OXFORD , and the Bishops there . THe Bisho prick of Oxford is of new erection , first founded by King Henry 8. and by him endowed our of the lands belonging to the late dissolved Monasteries of Abingdon and Osney . It was before a part of the Diocese of Lincoln : and being now made a Bisho prick , had first the Abbey Church of Osney ( being some halfe a mile from Oxford ) for its Cathedrall , Anno 1541. from whence it was removed to Oxford about five yeeres after . That which is now the Cathedrall , was anciently dedicated to Saint Frideswide : but being by King Henry made the Bishops See , was entituled Christ Church : the Chapter there consisting of a Deane and eight Prebendaries by him also founded , part of the lands which had been purchased or procured by Cardinall Wolsey for the indowment of his Colledge , being allotted thereunto . This Bisho prick was founded then , An. 1541. and from that time , unto the yeere , 1603. when Doctor Bridges was made Bishop , are 63. yeeres onely , or there abouts : of which it was kept vacant above 40 yeeres even almost all the long raigne of Queene Elizabeth ; to the impoverishing of the Church , before well endowed . The Diocese containeth onely the County of Oxford , and therein 195. Parish Churches , of which 88. are impropriated . It hath but one Arch-Deacon , which is he of Oxford ; is valued in the Kings bookes , 354. li. 16. s. 4. d. ob . the Clergies tenth comming unto 255. li. 8. s. Bishops of Oxford . A Ch.   1541 1 Robert King , last Abbat of Osney . Vacat Ann. 10. 1567 2 Hugh Curwyn . Vacat Ann. 20. 1589 3 John Underhill . Vacat Ann. 11. 1603 4 John Bridges . 1619 5 John Howson , tr . to Durham . 1628 6 Richard Corber , tr . to Norwich . 1632 7 John Bancrost , died Bishop of Oxford ; Anno 1640. PETER BURGH , and the Bishops there . THe Bishoprick of Peterburgh is of new erection , and taken also out of Lincoln , as Oxford was . The Cathedrall Church was anciendy a Monastery , the place or towne of old called Med●shamstede ; but on the building of the Abby-Church , founded by Wolpher King of the Mercians , Anno 633 and by him dedicated to Saint Peter , it gained the name of Peterburgh . This Church by him thus built , was after ruined by the Danes , and againe built and beautified by Ethelwoldus Bishop of Winton , Anno 960. or there abouts : upon whose mediation it was exceedingly liberally endowed by Edgar then King of England ; Adulph then Chancellour to that King , giving unto it also his whole estate . Thus it continued in a flourishing and faire estate , untill King Henry dissolved it : and having so dissolved it , did by his Letters Parents make it a Bishops See , and founded also here a Chapter consisting of a Deane and sixe Prebendaries . The Diocese hereto allotted , containeth the two Countics of Northhampton , ( in the which Peter burgh standeth ) and Rutland : and in them both 293. Parishes , whereof 91. are impropriate . It hath but one Arch-Deacon , which is entituled of Northhampton : is valued in the Kings bookes 414. li. 19. s. 11. d. the Clergy paying for their tenth , 520. li. 16. 〈◊〉 . 8. d. Bishops of Peterburgh . A. Ch.   1541 1 John Chamber , the last Abbat of Peter burgh . 1557 2 David Poole . 1560 3 Edm. Scamber , tr . to Norwich . 1584 4 Richard Howland . 1600 5 Thomas Dove . 1630 6 Gul. Piers , tr . to Welles . 1632 7 Augustine Lindsell , tr . to Heref. 1634 8 John Dee of Chichester . 1638 9 John Towers , Dean of Peter burgh , now Bishop here . 1639. ROCHESTER , and the Bishops there . THe Bishoprick of Rochester , is the most ancient next to Canterbury , of all in England : a Bishops See being here erected by that S. Austin , who first did preach the Gospel unto the Saxons , Anno 606. which was about ten yeeres after his entrance into England . The Cathedrall Church here , first erected by Ethelbert King of Kent , when it was first made a Bishops See ; and by him dedicated to Saint Andrew : which growing ruinous and dedicated , was afterwards repaired by Gundulphus , one of the Bishops of the same , about the yeere 1080. This Bishoprick was anciently , and a long time together , in the immediate Patronage of the Arch Bishop of Canterbury ; who did dispose thereof as to them seemed best ; and so continued , till under the pretence of free and capitular elections , the Popes had brought all Churches into their owne hands . However after this , the Bishops of Rochester owed more then ordinary obedience to their Metropolitan : and in all solemne Pompes were commonly their Crosse-bearers . The Diocese hereof is the least in England , containing onely a small part of Ke●t , and therein not above 98. Parishes , of which 36. impropriate : for ordering of which jurisdiction , there needed not but one Arch-Deacon , which is he of Rochester . Nor is the valuation much , either of the Bishoprick , or of the Clergy : the one being in the Kings bookes , 358 li. 3. s. 〈◊〉 . d. q. the other paying for their tenth , the least of any of the English , viz. 222. li. 14. 6 d. ob . q. And yet this little See hath yeelded to this Realme , one Chancellour , one Lord Keeper of the great Seale , and one Lord Treasurer , and to the Church of Rome , one Cardinall . The Bishop of this Church writes himselfe Roffensis . Bishops of Rochester . A. Ch.   606 1 Justus , tr . to Canterbury . 622 2 Romanus . 631 3 Paulinus , Arch-Bishop of Yorke . 644 4 Ithamar . 656 5 Damianus . 669 6 Putta . 676 7 Quichelmus . 681 8 Gebmundus . 693 9 Tobias . 717 10 Adulfus . 741 11 Duina . 747 12 Eardulfus .   13 Diora .   14 Weremundus . 800 15 Beornmod .   16 Tadnoth .   17 Bedenoth .   18 Godwinus .   19 Cutherwolf .   20 Swithulfus .   21 Buiricus .   22 Cheolmund .   23 Chireferth .   24 Burrhicus .   25 Alfanus . 984 26 Godwinus . II.   27 Godwinus . III. 1058 28 Siwardus . 1075 29 Arnostus . 1077 30 Gundulphus . 1108 31 Gadulphus , tr . to Cant. 1115 32 ●arnulphus . S. 1125 33 Johannes . 1137 34 Ascelinus . 1147 35 Walterus . 1183 36 Gualeranus . 1185 37 Gilbertus Glanvill . 1214 38 Benedictus . 1227 39 Henry de Samford . 1238 40 Richard de Wendover . 1251 41 Laurent . de S. Martino . 1274 42 Walt. de Merron , L. Chan. 1278 43 John de Bradfeild . 1283 44 Tho. de Inglethorp . 1291 45 Tho. de Wuldham . 1319 46 Haimo de Heath . 1352 47 John de Shepey , L. Treas . 1361 48 Gul. de Witlesey , tr . to Worcest . 1363 49 Tho. Trilley . 1372 50 Tho. Brinton . 1389 51 Gul. de Bottlesham . 1400 52 Joh. de Bottlesham . 1404 53 Richard Young. 1419 54 John Kemp , tr . to Chichester . 1422 55 John Langdon . 1434 56 Tho. Browne , tr . to Norwich . 1436 57 Gul. de Welles . 1443 58 John Lowe . 1467 59 Tho. Rotheram , tr . to Lincoln . 1471 60 John Alcock , L. K. tr . to Worcester . 1476 61 John Russell , tr . to Lincoln . 1480 62 Edm. Audley , tr . to Heresord . * 1492 63 Tho. Savage , tr . to London . 1496 64 Rich. Fitz-James , tr . to Chichester . 1504 65 John Fisher , Cardinall . 1536 66 John Hilsey . 1539 67 Nic. Heath , Almoner , tr . to Wor● . 1544 68 Henry Holbech , tr . to Lincoln . 1547 69 Nic. Ridley , tr . to London . 1550 70 Jo. Poynet , tr . to Winton . 1551 71 John Scory , tr . to Chichester . 1554 72 Maurice Griffin . 1559 73 Edm. Gheast , tr . to Sarum . 1571 74 Edm. Freake , tr . to Norwich . 1576 75 John Piers , Almoner , tr . to Sarum . 1578 76 Jo. Young. 1605 77 Gul. Barlowe , tr . to Lincoln . 1608 78 Rich. Neyle , tr . to Lichfeild . 1611 79 John Buckeridge , tr . to Ely. 1627 80 Walt. Curle , tr . to Welles . 1630 81 John Bowle , now Bishop , 1637. 1637 82 John Warner , Deane of Lichfeild . now Bishop of Rochester , 1641. SALISBURY , and the Bishops there . THe Bishoprick of Salisbury succeeded in the rights of two severall Dioceses , whereof the one had its Cathedrall or chiefe See at Sherborn , in the County of Dorset ; the other at Wilton , once the chiefe towne of Wiltshire , but since the growth of Salisbury very much decayed . Of these the ancienter was Sherborn , whose Diocese extended once over all those Countries , which are now subject to the jurisdiction of Salisbury , Bristol , Welles , and Exeter . But Welles and Exeter being made peculiar Dioceses , Anno 905. as we there have shewed , another was erected the same time at Wiston also . Which when it had continued under nine Bishops , and no more , was then againe united unto Sherborne ; and both together presently removed to Salisbury , as being the chiefe City of these parts , and consequently more fit for a Bishops See. And yet it stayed not long there neither , being removed againe in little time , unto a more convenient place . For by Hermannus it was fixed upon the hill , in that old fortified towne , now called old Salisbury : which being found by soone experience to be no proper seate for a Bishops dwelling ; the See was presently brought lower , and with it the towne . Hermannus who removed the See from Sherborne , did first begin the Church at old Sarum ( for so some Latine writers call it ) which Osmund his successor finished . Rich. sirnamed Poore , the fourth from Osmund , removed the See into the Valley , and first began that Church which wee , now see standing : whcih being finished in the yeere 1258. by Bishop Bridport , was ded cated to the honour of the blessed Virgin. Thus was the See of Sherborne removed to Salisbury , where it hath ever since continued in great fame and lustre . As for the priviledges of this Church , the Bishops anciently did claime to be Praecentors to their Metropolitan , and of more late dues to bee Chancellours of the most noble order of the Garter . Which office being instituted by King Edward 4. and by him vested in the person of Rich. Beauchamp of Sarum , and his successors in that See : was after in the new Statutes made by Henry 8. left solely to the Kings disposing , either to Clergy-man or Lay-man , as to them seemed best . Nor hath it beene enjoyed by any Clergy-man since that time , though in the yeere 1608. it was much laboured for by Bishop Cotton . This Diocese containeth in it the Counties of Berks , and Wiltes , ( for that of Dorset was dismembred from it by King Henry 8. and laied to Bristol , ) and in them two , 544. Parish Churches , of which 109. are impropriations . It hath moreover three Arch-Deacons , viz. of Salisbury , Berks , and Wilts ; is valued in the Kings bookes , 1367. li. 11. s. 8. d. the Clergy paying for their tenth , 901. li. 8. s. 1. d. Finally , this See hath yeelded to the Church one Saint , and to Rome two Cardinals , unto the Realme of England , one Lord Cheife Justice , three Lord Chancellours , two Lord Treasurers , as many Masters of the Rolls ; two Chancellours to the University of Oxford , and one to Cambridge . The Bishops of this See , we will Marshall thus . Bishops of Sherborne . A. Ch.   705 1 Adhelmus . 709 2 Fordhere . 738 3 Herewaldus .   4 Ethelwaldus .   5 Denefrith .   6 Wilbertus . 817 7 Easthanus . 868 8 Eadmundus . 872 9 Eheleage .   10 Alsy .   11 Asserius , sirnamed Menevensis . 883 12 Swithelmus , alias Sigelmus .   13 Ethelwaldus , II. after whose death this Diocese was divided into many parts , those of Welles , Cridington , and Saint Germans , ( both which now make Exe●er ) being taken out of it , Anno 905. by Plegmundus Arch-Bishop of Canterbury . At which time also there was another See erected for these parts at Wilton , whose seate was sometimes there , and sometimes also at Ramsbury , and Sunning . Bishops of Sherborn . Wilton . A. Ch.         905 14 Werstanus . 905 1 Ethelstanus . 918 15 Ethelbaldus .   2 Odo .   16 Sigelmus . II. 934 3 Osulphus . 934 17 Alfredus . 970 4 Alfstanus . 940 18 Wulfeinus . 981 5 Alfgarus . 958 19 Alfwoldus .   6 Siricus , tr . to Cant. 978 20 Ethelricus .         21 Ethelsius . 989 7 Alfricus , tr . to Cant.   22 Brithwinus .       1009 23 Elmerus . 998 8 Brithwoldus .   24 Brinwin . 1045 9 Hermannus , the last Bishop of Wilton .   25 Elfwoldus , after whose death Hermannus , who had before beene Bishop of Wilton , and resigned that Church , because the Monkes of Malmesbury would not give him leave to remove his See Episcopall unto their Abby ; was made Bishop of She●borne : and having joyned both Sees together , did shortly after remove both to Salisbury : of which himselfe , and his successors were afterwards entituled       Bishops of Salisbury .   26 Hermannus , the 26 Bishop of this Diocese , and first that had his See at Sarum .   27 S. Osmundus , L. Chan. 1107 28 Rogerus , L. Chiefe Justice , Lord Chan. and L. Treas . 1139 29 Jocelinus . Vacat sedes Ann. 4. 1189 30 Hubertus Walter , tr . to Cant. 1193 31 Herebertus Pauper . 1217 32 Richard Poore . 1229 33 Robert Bingham . 1247 34 Gul. Eboracensis . 1256 35 Egidius de Bird-port . 1263 36 Walter de la Wile . 1274 37 Robert de Wike-hampton . 1284 38 Walter Scammell . 1287 39 Henry de Braundston . 1289 40 Gul. de la Corner . 1291 41 Nicolas Longespee . * 1298 42 Simon de Gandavo . 1315 43 Roger de Mortivall . 1329 44 Robert Wivill . 1375 45 Radulph Erghum , tr . to Welles ▪ 1388 46 John Waltam , Master of the Rolls , and L. Treas . 1395 47 Richard Metford . 1407 48 Nicolas Bubwith , tr . to Welles . 1408 49 Rob. Hallam , Card. Chan. Oxford . 1417 50 John Chaundler . 1427 51 Robert Nevill . * 1438 52 Will. Aiscoth , Clerk of the Coun. 1450 53 Richard Beauchamp , first Chan. of the G. * 1482 54 Lionell Widdeville , Chancel . Oxford . * 1485 55 Tho. Langton , tr . to Winton . 1493 56 John Blythe , Master of the Rolls , Chan. of Cambridge . 1500 57 Henry Deane , tr . to Cant. 1502 58 Edmund Audley . * 1524 59 Laurence Campejus , Card. 1535 60 Nicolas Shaxton . 1539 61 John Salcot , alias Capon . 1559 63 John Juell . 1571 64 Edm. Gheast , Bishop Almoner . 1578 65 John Piers Bishop Almoner , tr . to Yorke . Vacat Ann. 3. 1591 66 John Coldwell . Vacat Ann. 2. 1598 67 Henry Cotton . 1615 68 Robert Abbot . 1618 69 Martin Fotherby . 1620 70 Robert Tonson . 1621 71 John Davenant , died Bishop of Salisbury . 1641. WESTMINSER Bishops , Deans , and Ahbats . THe Bisho prick of Westminster , as it related to the Saxons , was of late erection ; and being so erected was of small continuance : but anciently in the Britons time , the Church there was the See for the Arch-bishop of London . For whereas some had found in some Record , that the Arch-Bishops See was planted in the Church of Saint Peter in Cornbill : certaine it is , that that was a mistake for Saint Peters in Thorney . Now Thorney is the ancient name of that , which is since called Westminster : and being an ancient Saxon name , was farre more likely to be meant by the first reporter , then that of Cornebill , which is meerely moderne . But this Arch-Bishoprick being brought to nothing by the Saxons , Sebert the first christned King of Essex , erected here a Church , where the former was , and dedicated it unto Saint Peter , as was that before , which standing Westward of Saint Pauls , was by the common people commonly called Westminster . This Temple of King Seberts , being in tract of time growne ruinous , and almost deserted , Edward the Confessour againe rebuilt , and liberally endowed , and stored with Monkes , by him removed hither from Exeter . After King Henry 3. taking downe the fabrick of the Confessour , erected it as now it standeth ; save that the Abbats much enlarged it towards the West , and that King Henry 7. built that most goodly Chappell at the East end thereof . The Abbats here had Archiepiscopall jurisdiction within their liberties , and had the keeping of the Regalia , and a chiefe service in the Coronation of the Kings of England , and place in Parliament : in all which rights , save that of Parliament , the Deanes now succeed them . For when this Monastery ( which at the suppression was valued at 3977. li. ) was dissolved by King Henry 8. first he erected here a Deanrie , Anno 1539. then added to the Deane a Bishop , Anno 1541. Thirleby the Bishop , having delapidated all the Patrimony to his See allotted ; and robbed S. Peter to pay Paul , as the saying is , was removed to Norwich , and so the Bisho prick determined ; having continued nine yeeres onely : and Middlesex , which was the Diocese thereof , was restored to London . Queene Mary afterwards brought in an Abbat , and her foundation being dissolved by Queene Elizabeth , she made it a Collegiate Church , consisting of a Deane and 12. Prebendaries , as it still continues . The Bishop , Deanes , and Abbat of Westminster . A Ch.   1539 1 Gul. Benson , the last Abbat , and first Deane . 1541 2 Thomas Thirleby , the one , and onely Bishop of Westminster , tr . to Norwich . 1550.   3 Richard Coxe Deane , after Bishop of Ely. 1553 4 Hugh Weston Deane . 1556 5 John Fechnam Abbat . 1560 6 Gul. Bill Deane . 1561 7 Gabriel Goodman . 1601 8 Lancelot Andrewes , after Bishop of Chichester , &c. 1605 9 Richard Neyle , after Bishop of Rochester , &c. 1610 10 George Monteine , after Bishop of Lincoln , &c. 1617 11 Robert Tonsou , after Bishop of Sarum . 1620 12 John Williams , Lord Keeper Bishop of Lincoln , and Deane of West . minster . 1641. WINCHESTER , and the Bishops there . THe Bisho prick of Winchester ( Wintoniensis in the Latine ) is of good antiquity , and never changed the See since the first foundation , as all the rest have done in the South-West parts . The City once the Regal seat of the West - Saxon Kings . The Cathedrall Church first founded and endowed by Kingil , or Kinegilsus , the first Christian K. of West-Sax : who gave unto it all the land within seven miles of winchester . Kinelwalchin , son unto this Kingil , went forwards with his fathers fabricke , ratified his donation , and added to it amongst other things , the Manors of Alresford , Down●en , and Worthy . The Church now standing was begun by Bishop Walkelin , the worke pursued by his successors , but yet not finished till the time of William de Wickham , who built the greatest part of the West end thereof . The Chappels on the East end beyond the Quite , had their severall founders . The whole Church dedicated first unto Saint Amphibalus , then to Saint Peter , after unto Saint swithin , once . Bishop here ; and last of all unto the blessed Trinity , as it still continues . The Bishops here are Chancellours to the See of Canterbury , and Prelates of the most noble order of Saint George , called the Garter : which office was first vested in them by King Edward 3. at the first foundation of that Order , and hath continued to them ever since . They were reputed anciently to be Earles of Southampton ; and are so stiled in the new Statutes of the Garter , made by Henry 8. but that now otherwise disposed of . Finally what for priviledge , and what for large possessions it was prized so high , that Henry of Bloys , ( he was the brother of King Stephen ) once Bishop here , had got a faculty from the Pope , to make it an Arch Bishops See ; seven of the Suffragans of Canterbury , being allotted thereunto . And William de Edington , one of the Bishops of this Church , being elected unto Canterbury , refused it , saying , though Canterbury had the highest rack , yet Winchester had the deepest manger . The Diocese hereof contained of old , the Counties of Surrey , and Southampton , and the Isle of Wight : to which was added in Qu. Elizabeths time , the Islles of Iarsey , Garnsey , Sack , and Aldern●y , once members of the Bishoprick of Constance in Normandy . Of these the English Isle and Counties containe 362. Parishes , of which , 131. impropriate ▪ the Isle of Iarsey , 121. and Garnsey with the other two , as many more . For government of the English part there are two Arch-Deachns , the one of Winchester ; and the other of Surrey : Iarsey is governed by a Deane or Commissary , according to the manner of the English Church ; and Garnsey with the Isles appendant , follow the fashions of Geneva . The Bishoprick was anciently valued in the Kings books , 3885 li. 3. s. 3. d. ob . q. now at , 2793. li. 4. s. 2. d. q● . q. lesse by a thousand pounds then before it was : which plainely sheweth that there hath beene a great abatement of the old revenue ; The tenth of the Clergy amounteth unto , 846. li. 12. d. Finally , this See hath yeelded to the Church seven Saints , and to Rome , two Cardinals ; to England , one Lord Chiefe Justice , sixe Lord Chancellours , two Lord Treasurers , one Lord Privie Seale , one Chancellour of the University of Oxford , another of the Exchequer , and 21. 〈◊〉 of the Garter , whose names are to be found amongst these following . Bishops of Winton . A. Ch :     1 Wina .   2 Eleurherius . 673 3 S. Headda . 704 4 Daniel . 744 5 Humfridus . 756 6 Kinchardus .   7 Hathelmardus , tr . ●o Cant.   8 Egbardus .   9 Dudda .   10 Kinebertus .   11 Alhmundus .   12 Wighthenius .   13 Herefridus . 834 14 Edmundus .   15 Helmstanus . 837 16 S. Swithinus . L. Chan. 863 17 Adhferthus . 871 18 Dumbertus . 879 19 Denewulfus .   20 S. Athelmus , alias Bertulfus . 905 21 S. Frithstanus . 931 22 Brinstanus . 946 23 Elpheus Calvus .   24 Elssinus , alias Alfius . 958 25 Brithelmus . 963 26 S. Ethelwoldus . 984 27 S. Elphegus . 1006 28 Kenulphus . 1008 29 S. Brithwoldus . 1015 30 Elsinus . 1038 31 Alwinus . 1043 32 Stigandus , tr . to Cant. 1070 33 Walkelinus . Vacat sedes , Annos 10. 1107 34 Gul. Giffard . 1129 35 Henricus Blesensis . * Vacat sedes , Annos 3. 1174 36 Richard Toclivius . 1189 37 Godfr . de Lucy . 1204 38 Petr. de Rupibus , L. Ch. Justice . 1243 39 Gul. de Ralegh . 1249 40 Ethelmarus . Vacat sedes , Annos 4. 1265 41 John Oxon. 1268 42 Nicolas Eliensis . 1280 43 John de Pontisara . 1304 44 Henry Woodlock . 1316 45 John Sandal ; Chan. of the Exch. L. Chan. and L. Treas . 1320 46 Reginald Asserius . 1323 47 John Stratford , L. Chan. L. Treas . tr . to Cant. 1333 48 Adam de Orlton . 1345 49 Gul. de Edingdon , L. Treas . and the first Prelate of the Garter . 1365 50 Will. de Wickham , L. Chan. 1405 51 Henry Beaufort , Card. L. Ch. * 1447 52 Will. de Waniflete , L. Ch. 1486 53 Peter Courtney . * 1493 54 Tho. Langton . 1502 55 Rich. Foxe , L. Privie Seale . 1530 56 Tho. Wolsey , Card. L. Chan. 1534 57 Stephen Gardiner , displaced , 1549. 1550 58 John Poynet , who being removed , Bishop Gardiner was restored , 1553. and made L. Ch. 1556 59 John White . 1560 60 Robert Horne . 1580 61 John Watson . 1584 62 Thomas Cowper . 1595 63 Will. Wickham . 1595 64 Will. Daye . 1596 65 Tho. Bilson . 1617 66 James Montagu , Deane of the Chap. 1618 67 Lancel . Andrewes , Deane of the Chap. 1628 68 Rich. Neyle , tr . to Yorke . 1632 69 Walt. Curle , now Bishop of Winton , Prelate of the Garter , and Bishop Almoner , 1641. WORCESTER , and the Bishops there . THe Bishoprick of Worcester , ( Wigorniensis in the Latine ) was founded by Etheldred , King of the Mercians , Anno 679. and taken out of the Diocese of Lichfeild , of which first it was . The Cathedrall Church here , by him also built ; but afterwards repaired , or new built rather by severall Bishops of this See. Oswald the eighteenth Bishop here did first undertake it , and casting out the married Priests , first brought in the Monkes , Anno 964. but his foundation being ruined by the Danes , the Church was brought to that perfection wherein now it standeth , by Bishop Wulstan , about the yeere 1030. Since when it hath enjoyed a flourishing and faire estate : and ( which is very rare ) can hardly make complaint of any vacancie : save that on the exauctoration of Bishop Heath , it was assigned over in Commendam to Master Hooper then Bishop of Gloucester . But it held not long . This Diocese containeth in it the County of Worcester , and part of Warwickshire : and therein 241. Parishes , of which 71. impropriate : for these there is but one Arch-Deacon , which is called of Worcester . Valued it is in the Kings bookes , 1049. li. 17. s. 3. d ob . q. the Clergy paying for their tenth , 228. li. In point of honour it may● pleade thus much , that in the flourishing times of the See of Canterbury , the Bishops here were the peculiar Chaplaines of the Metropolitans : and by their Office to say Masse in all assemblies of the Clergy , wherein he was present . As also that it hath yeelded to the Church foure Saints ; five Chancellours to the Realme of England , and one to Norwandy ; Lord Treasurers three , one Chancellour to the Queen then being ; one L. President of Wales , and one Vice-President : whom , with the residue of the Bishops , take here in order . Bishops of Worcester . A. Ch.   679 1 Boselus , first Bishop of Worcest .   2 Ostforus . 693 3 S. Egwinus . 714 4 Wilfridus . 717 5 Milredus .   6 Weremundus . 778 7 Tilherus . 781 8 Eathoredus . 799 9 Denebertus . 822 10 Eadbertus . 844 11 Alwinus . 872 12 Werefridus . 911 13 Wilfreth . 915 14 Ethelhunus . 922 15 Wilfreth . II. 929 16 Kinewoldus .   17 S. Dunstanus , tr . to London . 950 18 S. Oswaldus . 971 19 Adulfus .   20 Wulfstanus .   21 Leofsius . 1033 22 Britteagus . 1038 23 Livingus . 1049 24 Aldredus . 1060 25 S. Wulfstanus . 1097 26 Sampson . 1115 27 Theolphus . 1125. 28 Simon , Chan. to Qu. Adefize .   29 Aluredus .   30 John Pagham .   31 Rogerus . 1181 32 Baldwinus , tr . to Cant. 1189 33 Gul. de Northale . 1191 34 Robertus .   35 Henricus . 1196 36 John de Constantiis . 1200 37 Maugerus . 1212 38 Walt. Grey , L. Ch. tr . to Yorke . 1216 39 Silvester . 1218 40 Gul. de Bloys . 1237 41 Walt. de Cantilupe . 1268 42 Nich. de Ely , L. Chan. translated to Wint. 1269 43 Godfr . Giffard , L. Chan. 1302 44 Gul. de Gainsburgh . 1308 45 Walt. Reynold , L. Chan. and L. Treas . tr . to Cant. 1313 46 Walt. Maydestone . 1317 47 Thomas Cobbam . 1327 48 Adam de Orlton , tr . to Wint. 1333 49 Simon de Montacute . * 1337 50 Tho. Hennyhall . 1342 51 Wulstan de Brandford . 1349 52 Joh. Thursby , L. Ch. tr . to Yorke . 1352 53 Reginald Brian . 1362 54 Joh Barnet , L. Treas . tr . to Welles . 1363 55 Gul. Wittelesey , tr . to Cant. 1368 56 Gul. de Lynne . 1375 57 Henry de Wakefeild , L. Treas . 1395 58 Tideman de Winchcomb . 1401 59 Rich. Clifford , tr . to London . 1407 60 Tho. Peverell . 1419 61 Phil. Morgan , Chan. of Normandy , tr . to Ely. 1426 62 Tho. Polton . 1435 63 Tho. Bourchier , tr . to Ely. * 1443 64 John Carpenter . 1476 65 John Alcock , L. Chan. tr . to Ely. 1487 66 Robert Morton . 1497 67 John Gigles . 1491 68 Silvester Gigles . 1521 69 Julius de Medices , after Pope Clement the 8. * 1522 70 Hieron . de Nugutiis , an Italian . 1535 71 Hugh Latimer . 1539 72 John Bell. 1543 73 Nicol. Heath , displaced by King Edward 6. and the See put over in Commendam to Master Hooper Bishop of Glocester , but restored after by Queene Mary , Anno 1553. and made L. pres . of Wales , tr . to Yorke . 1554 74 Richard Pates . 1599 75 Nich. Bullingham . 1576 76 John Whitgift , Vice-President of Wales , for Sir H. Sidney , transl . to Canterbury . 1584 77 Edm. Freake . 1593 78 Rich. Fletcher , tr . to London . 1596 79 Tho. Bilson , tr . to Winton . 1597 80 Gervase Babington . 1610 81 Henry Parry . 1617 82 John Thornborough , now Bishop of Worcester . 1641. THE SECOND PART OF THE CATALOGVE OF BISHOPS , CONTAINING THE SVCCESSION of the Arch-Bishops and Bishops of the Province of YORKE . Printed at London . 1641. YORKE , and the Arch-Bishops there . YORKE is the ancientest Metropolitan See at this time in England , so made at the first generall admittance of the Gospel in the time of Lucius , the first Arch-Bishop by him here established , named Sampson , and he who held out last in the Britons time , being called Tadiacus . We have a constat onely of two more , viz. Taurinus , and Pyra●●us : of all the rest no name , or memory to be found amongst our writers . On the conversion of the Saxons , this See was by Pope Gregory designed to its former honour : which not long after took effect , when as Paulinus was made Arch-Bishop of Yorke , Anno 622. In which designment of the said Pope Gregory , the Metropolitan of Yorke , was to have as many Suffragan Bishops , as he of London ( for there the See was to be placed by Pope Gregories order ) to either of them twelve a peece , which if they ever were erected in this Northerne Province , were certainly of meane estate , not able to support the honour ; and consequently , swallowed up by the greater Churches of Yorke and Durham : which two were onely left here a long time together untill Carlile first was made a Bishopricke by K. Henry the first ; as Chester afterwards by K. Henry 8. But that which was the greatest addition to the Province of Yorke , was the direct and Metropolitan jurisdiction which it claimed and had over all the Bishops of Scotland , who did from hence receive their consecration , and swore Canonicall obedience unto this See. In this regard , and that it was conceived that by Pope Gregories in stitution , he of the two Arch-Bishops which was first confirmed , should have precedencie over the other : there grew a great contention there abouts , betweene them , and much recourse was made to the Court of Rome . At last it was determined in savour of the See of Canterbury : yet so that still it might be lawfull to the Arch-Bishop of Yorke to write himselfe Primate of England ; as the other taking to himselfe the stile of Primate of all England , as it still continueth . The next misfortune which befell the See and Metropolitan of Yorke , was that the Bishops of Scotland did in fine withdraw themselves from his obedience , and had Arch-Bishops of their owne . This hapned whilest George Nevill was Arch-Bishop here , who was advanced unto this See , An. 1466. not above ninescore yeeres agoe : and then upon pretence , that in consideration of the many and most deadly warres betweene both Realmes , the Metropolitan of Yorke could beare no fatherly affection to his sonnes of Scotland . However the Archbishop still retaines his wonted place , having precedencie before all Dukes , not being of the royall bloud ; as also before all the great Officere of state , except the Lord Chancellour . For the Cathedrall Church of Yorke , it was first built , or begun rather , by King Edwyn , King of the North-Humbers , Anno 627. but finished by King Oswald who succeeded him , and dedicated to Saint Peter . But this of their foundation being destroyed by fire , and by the fury of the Danes , at the first entrance of the Normans : that which now standeth was erected in the place thereof by Arch-Bishop Thomas ( the 25. of this See ; ) and after , by degrees , adorned and beautified by his successors . The Diocese hereto belonging , containeth in it the two Counties of Yorke and Nottingham : and in them both 581 Parishes , of which 336. are impropriations . For government whereof , it hath foure Arch-Deacons , viz. of Yorke , Cleveland , East-riding , and Nottingham . This Bishoprick was at the first rated in the Kings bookes , 2035. li. 14. s. 6. d. but now , since the great diminution made by King Henry 8. 1609. li. 19. s. 2. d. And for the Clergy of the same , their tenth amounteth unto 1113. li. 17. s. 9. d. ob . q. To draw unto an end , this See hath yeelded to the Church eight Saints , to the Church of Rome three Cardinals , unto the Realme of England twelve LL. Chancellours , and two LL. Treasurers , and to the North of England two Lord Presidents . The Bishops write themselves in Latine , Eboracenses , or Eborum , and are these that follow . Arch-Bishops of Yorke . A. Ch.   622 1 S. Paulinus , died 644. Vacat Annos 20. 666 2 Cedda .   3 Wilfridus .   4 S. Bosa . 687 5 S. John of Beverley . 718 6 S. Wilfridus . II. 731 7 S. Egbertus . 767 8 Adelbertus . 781 9 Eanbaldus . 797 10 Eanbaldus . II.   11 Wolsius . 832 12 Wimundus . 854 13 Wilferus . 897 14 Ethelbaldus .   15 Lodewardus .   16 Wulfitanus . 955 17 Oskitellus . 972 18 Athelwaldus . 972 19 S. Oswaldus . 993 20 Aldulphus . 1003 21 Wulfstanus . II. 1023 22 Alfricus . 1050 23 Kinsius , 1061 24 Aldredus . 1070 25 Thomas . I. 1101 26 Girardus . 1109 27 Thomas . II. 1119 28 Thurstan . 1141 29 Henry Murdac . 1153 30 S. Gulielmus . 1154 31 Rogerus . Vacat sedes Annos 10. 1191 32 Geofr . Plantagenet , L. Chan. * Vacat sedes Annos 4. 1217 33 Walter Grey , L. Chan. 1256 34 S. Sewalius . 1258 35 Godfrey de Kinton . 1265 36 Walter Giffard , L. Chan. 1279 37 Gul. Wickwane . 1285 38 John Romanus . 1288 39 Henry de Newark . 1299 40 Tho. Corbridge . 1305 41 Gul. de Greenfeild , L. Chan. 1317 42 Gul. de Melton , L. Ch. & L. Treas . 1342 43 Gul. Zouche , L. Treas . * 1352 44 John Thursby , L. Chan. 1373 45 Alexander Nevill . 1388 46 Tho. Arundel . L. Chan. tr . to Cant. * 1396 47 Robert Waldby . 1397 48 Richard Scrope . * 1406 49 Henry Bowet . 1425 50 John Kemp , L. Chan. tr . to Cant. 1453 51 Gul. Boothe . 1466 52 George Nevill , L. Chan. * 1477 53 Lawrence Boothe . 1480 54 Thomas Rotheram , L. Chan. 1501 55 Thomas Savage . 1508 56 Christopher Bambridge , Card. 1515 57 Thomas Wolsey , Card. L. Chan. 1531 58 Edward Lee. 1544 59 Robert Holgate , Lord Pres . of the North. 1553 60 Nicolas Heath , L. Chan. 1560 61 Tho. Young , L. Pres . of the North. 1570 62 Edm. Grindall . tr . to Cant. 1576 63 Edwyn Sandys . 1588 64 John Piers. 1594 65 Matthew Hutton . 1606 66 Tobias Matthewes . 1627 67 George Monteine . 1628 68 Sam. Harsner . 1631 69 Richard Neyle , who died Octob. 31. 1640. CARLILE , and the Bishops there . THe most of that which doth now make the Diocese of Cartile , was in the infancie of the English Church , as I conceive it , part of the Diocese of whit herne , or Casa Candida , in the Province of Galloway● now reckoned as a part of Scotland , but th●● a parcell of the Kingdome of the North-Humbers , But when the Scots had mast●●d all those countries beyond Tweede and Solway , the towne of Carlile , with the County of Cumberland , in the which it standeth , were severed from that Diocese : Carlile , with 15. miles about it being bestowed upon S. Cutbert , Bishop of Lindisfarne , by Egfride , King of the North-Humbers , Anno 679 ; the residue of the Country submitting to the jurisdiction of the Arch-Deacon of Richmond , then being subordinate the See of Yorke . Thus it continued till the yeere 1133. what time a Bishops See was here first established : and by that meanes , another Suffragan Bishop added to that Metropolitan . The Cathedrall Church here had beene founded not long before , by Walter , Deputy of these parts for King William Rufus ; and by him dedicated to the honour of the blessed Virgin : but finished and endowed by King Henry the first , out of that wealth which the said Walter had amassed for that very purpose , by the perswasion of Athulphus or Athelwolfus , whom afterwards , hee made the first Bishop there . The Diocese containes the County of Westmorland , and most part of Cumberland ; and therein onely 93. Parishes , but those ( as all the Northerne are ) exceeding large ; and of them 18. are impropriate . Arch-Deacon here was never any , the jurisdiction being claimed by him of Richmond , as anciently to him belonging . The Bishoprick is valued in the Kings bookes 530 li. 4. 〈◊〉 . 11. d. ob . the Clergies tenth amounting onely unto 161. li 1. s. 7. d. ob . And yet this little See , and so farre remote , hath yeelded to this Kingdome one Chancellour , and two LL. Treasurers , besides three Chancellours unto the University of Cambridge . Bishops of Carlile . A. Ch.   1133 1 Athelwolfus , or Athelwardus .   2 Bernardus died Anno 1186. Vacat sedes Ann. 32. 1218 3 Hugo . 1223 4 Walt. Mau-Clerke , L. Treas . 1247 5 Silvester de Everdon , L. Chan. 1255 6 Tho. Vipont . * 1258 7 Rob. Chause . 1280 8 Rad. de Ircton . 1288 9 John de Halton . 1318 10 John de Rosse . 1332 11 John de Kirkby . 1353 12 Gilbert de Welton . 1363 13 Tho. de Appleby . 1396 14 Robert Reade . 1397 15 Tho. Merkes . 1400 16 Gul. Strickland : 1419 17 Roger Whelpdale : 1423 18 Will. Barrowe . 1430 19 Marm. Lumley , L. Ch and Ch. Ca. * 1450 20 Nith . Close , tr . to Lich. 1452 21 Gul. Percy , Chan. of Camb. * 1362 22 John Kingscore . 1464 23 Richard Scrope . * 1468 24 Edw. Storey Ch. of Camb. 1478 25 Rich. Dunelmensis . 1496 26 Gul. Sever , tr . to Durham . 1503 27 Roger Leibourne . 1504 28 John Penny. 1520 29 John Kite . 1537 30 Robert Aldrich . 1356 31 Owen Ogilthorpe . 1561 32 John Best . 1570 33 Rich. Barnes , tr . to Durham . 1577 34 John Mey . 1598 35 Henry Robinson . 1616 36 Robert Snowdon . 1620 37 Rich. Milborne . 1624 38 Rich. Senhouse . 1628 39 Francis White , tr . to Norwich . 1629 40 Barnabas Potter , now Bishop of Carlile . 1641. CHESTER , and the Bishops there . THe Bishoprick of Chester , as it is here to be considered , is of new erection , one of those founded by King Henry 8. whereof we spake before when we were in Bristol . Anciently it was in the Diocese of Lichfeild , one of the Bishops of which Church , removing his See hither , Anno 1075. as to the more remarkable and noted place ; occasioned that his successours many times were called Bishops of Chester . But being severed from that Diocese by King Henry 8. it was erected into an Episcopall See , made up of the revenue and jurisdiction of the two Arch-Deaconries of Richmond and Chester : of which the first had jurisdiction over Richmondshire , and part of Cumberland ; the other over Lancashire and Chest-shire . It was at first foundation ordained to be of the Province of Canterbury ; and that in the letters Patents of the foundation of the same , 33. H. 8. But the King taking into minde , as well the long distance of the same from the See of Cancerbury , as also that the Arch Bishop of Canterbury had a sufficient number of Suffragans before , whereas the Arch-Bishop of Yorke had but onely two : did in the Ianuary following , by Act of Parliament , annex the same for ever to the Province of Yorke . 33. H. 8. c. 31. The Cathedrall Church here was once a Monastery , founded by Leofricus , once an Officiary Count , in these parts ; and by him dedicated to Saint Wereberg : but repaired , beautified , endowed , and stored with Monkes by Hugh , sirnamed Lupus , the first Earle of Chester . These Monkes being ejected by King Henry 8. he brought into their place a Deane and Prebendaries : and made it of a Monastery , a See Episcopall : Whose Diocese containeth , in the Counties before remembred , 256. Parishes , of which 101. are impropriations . The Bishoprick is valued in the Kings bookes , 42● . li. 1. s. 8. d. and for a tenth unto the Crowne , the Clergy pay the yeerely summe of 435. s. 12. The Bishops of Chester . A. Ch.   1541 1 John Bird , removed hither from Bangor . 1556 2 John Cotes . 1556 3 Cuthbert Scott . 1561 4 William Downeham . 1579 5 William Chadderton , tr . to Lincoln 1595 6 Hugh Billet . 1597 7 Rich. Vaughan , tr . to London . 1604 8 George Lloyde . 1616 9 Tho. Morton , tr . to Lichfeild . 1618 10 John Bridgeman , now Bishop of Chester . 1641. DURHAM , and the Bishops there . THe Bishops See now fixed in Durham , was first placed in Lindisfarne , a little Iland on the Sea-coast of Northumberland : and there placed by the first Bishops of this Northerne region , because of the primacie and solitude thereof , which made it thought more fit and proper for devotion . But both the Bishop and his Monkes being driven from thence , by the mercilesse furie of the Danes , ( who here raged extremely ) about the yeere of Christ , 800. they wandred up and downe from place to place for 200. yeeres , not finding any place where they might repose themselves in safety , till in the end they sate them downe in Durham , Anno 990. or there abouts , where it hath ever since continued . The Church here dedicated to Saint Cuthbers , the 6. Bishop of Lindisfarne , a man of speciall renowne for piety ; whose reliques the said Bishops carried up and downe with them in all their wandtings : till at the last they were deposited in this Church , as in a place of rest and safety . The founder of it , that Aldwinus , by whom the See was first here setled . But his foundation being taken downe by William de Carileso , about the first entrance of the Normans : that which now standeth was begun by him in the place thereof ; and finished by Ranulpbus Flambard , his next successour . Somewhat hath since beene added to it by Bishop Fernham , and Thomas Welscomb Priour hereof , about the yeere 1242. Nor did Saint Cuthbert onely give name unto the Church , but also unto all that countrey , which now we call the Bishopricke of Durham , and anciently was called Saint Cuthberts Patrimony . For upon him , and his successours in that See , was all the countrey betweene Teis and Tine , conferred by Alfred King of England : which his donation was confirmed , and in part increased by his successours , Edward , Athelstan , and Cnute the Dane . So fortified it was with priviledges , and royall grants , that at the comming in of the Norman Conquerer , the Bishop was reputed for a County Palatine : and did engrave upon his Seal an armed Chivalier , holding a naked sword in one hand , and in the other the Bishops a 〈…〉 es . Nay it was once adjudged in law , that the Bishop was to have all forfeitures & Escheates within the liberties , ut Rex habet extra , as the King of England had without . But these immunities and priviledges were in part impaired by the Statute of King Henry 8. 27. H. 8. c. 25. and altogether with the lands and whole rights thereof , conferred upon the Crowne by Act of Parliament , in the last yeere of the raigue of King Edward 6. But in the second Parliam . of Qu. Maries reigne , that Act was totally repealed , and a reviver made of the said late dissolved Bishopr . and all the royalties therof , 〈◊〉 . Mar. c. 6. As for the Ecclesiasticall jurisdiction , the Diocese thereof containeth the County of Northumberland , and that which properly and distinctly is entitiled the Bishopricke of Durham : each of the which hath an Arch-Deacon of its owne ; in both , 135. Parishes , whereof 87. impropriate : the Clergy of the which pay for their tenth unto the Crowne , 385. li. 5. s. 6. d. ob . the Bishopricke being valued in the first fruit Office. 1821. li. 1. s. 5. d. qa . The Bishops of this Church doe write them selves in Latine Dunclmenses ; of which five have beene dignified with the name of Saints ; one with the Patriarchate of Hierusalem , and one with the title of a Cardinall in the Church of Rome . There have been also of them , one Lord Chiefe Justice , five LL. Chancellours , three LL. Treasurers , one principall Secretary of Estate , one Chancellour of the University of Oxford , and two Masters of the Rolls . Which wee will now lay downe in order , even the whole succession , beginning with those who had their See and habitation in the Isle of Lindisfarne . Bishops of Lindisfarne . A. Ch.   637 1 S. Ardanus . 651 2 S. Finanus . 661 3 Colmannus . 664 4 Tuda . 665 5 S. Eata . 684 6 S. Cuthbertus . 687 7 S. Eadbertus . 698 8 Egbertus . 721 9 Ethelwoldus . 738 10 Kenulfus . 781 11 Higbaldus . 802 12 Egbertus . II. 819 13 Egfridus . 845 14 Eanbertus . 854 15 Eardulfus .   16 Cuthardus . 915 17 Tilredus . 927 18 Witherdus . 944 19 Uhtredus .   20 Sexhelmus .   21 Aldredus . 968 22 Alfius , alias Elfinus . 990 23 Aldwinus , who first setled the See at Durham , from whence both hee and his successors have beene stiled Bishops of Durham . 1028 24 Eadmundus , 1048 25 Eadr●dus . 1049 26 Elgelricus .   27 Egelwinus . 1071 28 Walcher , Earle of Northumb. 1080 29 Gul. de Carilefo , L. Ch. Justice . Vacat sedes Annos 4. 1099 30 Ranulfus Flambard , L. Treas . 1128 31 Gulfredus Rufus , L. Chan. 1143 32 Gul. de S. Barbara . 1154 33 Hugh Pudsey , E. of Northomb . * 1197 34 Philip de Pictavia . 1217 35 Rich. de Marisco . 1228 36 Rich. Poore . 1241 37 Nich. de Fernham . 1250 38 Walt. de Kirkham . 1260 39 Rob. Stitchell . 1274 40 Rob. de Insula . 1283 41 Ant. Beck , Patriark of Hierusalem . 1311 42 Rich. Kellowe . 1317 43 Ludowick Beaumont . * 1333 44 Rich. de Bury , L. Ch and L. Treas . 1345 45 Tho ▪ Hatfeild , princ ▪ Secretary . 1381 46 John Fordham ; L. Tr. tr . to Ely. 1388 47 Walt ▪ Skirlawe . 1406 48 Tho. Langley , Card. L. Ch. 1438 49 Rob. Nevill . * 1457 50 Lawrence Boothe , L. Chan. 1476 51 Gul. Dudley . * 1383 52 John Sherwood . 1494 53 Rich. Foxe , tr . to Winton . 1502 54 Gul. Sevier , Chan. of Oxford ? 1507 55 Chr. Bambridge , Master of the Rolls tr . to Yorke . 1508 56 Tho. Ruthall . 1523 57 Tho. Wolsey , then Arch Bishop of Yorke . 1530 58 Cuthbert Tunstall , Master of the Rolls . 1360 59 James Pilkington . 1577 60 Rich. Barnes . Vacat sedes Annos 2. 1589 61 Matth. Hutton , tr . to Yorke . 1594 62 Tobias Matthew , tr . to Yorke . 1606 63 Gul. James . 1617 64 Rich. Neyle , tr . to Winton . 1628 65 John Howson . 1632 66 Tho. Morton , now Bishop of Durham . Anno 1641. HEXAM , and the Bishops there . THe Bishoprick of Hexam , Hagulstad , or Hextold , was founded in the infancie of the Saxon Church . The seate thereof called by the old Latines Axelodunum , by Beda Hagulstadiensis ; by us now Hexam : the first who had the name of Bishop there being S. Eata , the fifth Bishop of Lindisfarne . Ten Bishops it enjoyed successively , and then ▪ by reason of the spoyle and ravin of the Danes , it discontinued : the jurisdiction of it being added to the See of Yorke . From this time forwards , Hexamshire was held to be a see of that Arch-Bishoprick , and had reputation , of a County Palatine : but taken from that See by K. H. 8. ( of which consult the Statute , 37. H. 8. c. 16 ) and by authority of Parliament united to the County of Northumb. Now for the Bishops of this Hexam , they are these that follow . A. Ch.   655 1 S. Eata , Bishop of Lindisfarne . 685 2 S. John of Beverley , ●r . to Yorke . 709 3 S. Acca . 734 4 Frithebertus . 769 5 Alhmundus .   6 Tilherus . 789 7 Ethelbertus . 787 8 Heandredus . 809 9 Eanbertus .   10 Tidferthus , the last Bish of Hexam . MAN , and the Bishops there . TOuching the Isle of Man , we have spoke already in our first Table . The Bishoprick here of was first erected by Pope Gregory , of that name the fourth , and for its Diocese had this Isle , and all the Hebrides , or Westerne Ilands anent Scotland . The Bishop hath his seate in Russin , or Castetowne , as now we call it ; and in the Latine , is entituled Sodorensis . But when this Isle was made a member of the English Empire , the Westerne Isles withdrew themselves from the obedience of their Bishop , and had a Bishop of their own , whom they entitle also Sodorensis , but commonly , Bishop of the Isles . The Patronage of the Bishoprick , was given together with the Iland , by K. H. 4. unto the Stanleys ; who still keep it : and on the vacancie thereof they nominare their designed Bishop unto the King , who having given his Royall assent , dismisseth him to the Arch-Bishop of Yorke for his consecration . This is perhaps the reason why the Bish . of Man , is no Lord of Parliament , because not at the Kings disposing ▪ none having fuffragt in that house , but those that hold immediately of the King himselfe ; nor is it reason that they should . Whether the Bishop of this Isle ▪ was anciently a Su●●ragan to the See of Yorke , I can hardly say . I finde ordered in the Act of Parliament , 33. H. 8. c. 31. wherein the Bishoprick of Chester was made a member of that Province ; that that of Man should be reputed of it also : which may perhaps perswade one , that it was otherwise before . The Diocese hereof containeth onely 17 Parishes , of the which five are Market Townes ; the rest Villages , the people of them all , being very conformable unto the rites and ceremonies of the Church of England . Now for the Bishops of this See , I can meete with few : and therefore shall desire those who are more conversant in the businesse of this Isle , to supply this want , and make a perfect catalogue of the Bishops of Man , out of the fragments here ensuing . Bishops of Man. A. Ch. ✚ ✚ ✚   Michael , Bishop of Man. 1203 Nicolas . 1217 Reginald . 1257 Richard , Bishop of Man , dedicated the Church of S. Maries in Russin .   ✚ ✚ ✚   Henry Mann , who died , Anno 1556 , John Merick .   George Lloyd , removed to Chester , An. 1604.   Forster .   Parry , now Bishop of Man , 1641. THE THIRD TABLE , OR , A CATALOGVE OF All the Dukes , Marquesses , and Earles , which have been in England since the first entrance of the NORMANS . TOGETHER With the honourary Offices which they , or any of them have enjoyed in their severall times . Printed at London . 1641. The Preface to the ensuing Catalogue of Dukes , Marquesses , and Earles . THe Kings of England as they are the fountaine of all authority and jurisdiction in their owne Dominions : so are they the fountaine also of all civill honour ; which they dispose of and dispence , as to them seemes best . Kings have so much of God in them , whose Deputies they are on earth , as many times where they finde merit and desert , to raise the poore out of the dust , that they may set them with the Princes , even with the Princes of their people . Now for their honourary attributes , which by our Kings have beene conferred upon their Subjects ; the ancientest are those of Earle and Baron : the Kings of England , of the Norman race , not giving unto any the stile of Duke , untill that Edw. the third , created his sonne Edward the black Prince , Duke of Cornwall , Anno 1336. As for the title of Marquesse , that was made honourary by King Richard the second , who first created his great favourite , Robert de Ve●e , then Earle of Oxford , Marquesse of Dublyn : as afterwards he made his Cosen German , Iohn de Baufort , one of the sonnes of Iohn of Gaunt , by Katherine Swinfort , then Earle of Somerset , the first Marquesse Dorset . But that of Earles hath beene as ancient in this Kingdome , as the line of Normandy : William the Conquerer advancing many to that honour at his first entrance on this State , both to reward them for their service , and oblige them to him . Of which ranke were the Earles of Arundell , Chester , Cornwall , Kent , Oxford , with some others , Anno 1067. being the next yeere after he attained the Kingdome . Which with the other Earles of ancient creation , were commonly endowed de tertio denario placitorum Comitatus , with the third penny of the pleas of that County whereof they were Earles : the other two parts being accompted by the Sheriffe ( the Vice-Comes ) into the Exchequer , for the Kings use . And though we mean to go no lower in our following Catalogue , then the stile of Earle ; yet by the way we may take notice , that Viscount here became an honourary title in the time of K. H. 6. who in the 18. of his raigne advanced Sir Iohn Beaumont unto that honour , and gave him place above all Barons , as Richard 2. gave his new Marquesses precedencie before all Earles . Now at the ennobling of deserving persons into these high dignities , it is , and hath beene of later times the custome of the Kings of England , to give unto them some set pension for the support of their estate : which is now generally brought unto this proportion , that Viscounts have a fee of 20. markes , Earles of 20. li. Marquesses of 40. markes , and Dukes of 40. li. assigned unto them , out of some part or other of the Kings revenues . Which bounty I observe not to have beene used in the creation of a Baron , excepting onely that it pleased his sacred Majesty now being , when hee created the right honourable Montjoy Blount ( now Earle of Newport ) L. Montjoy of Thurle●●on , in the County of Darby , to give unto him and his heires , a fee of 20. markes per annum : which I note here , by reason of the singularity and rarenesse of it . Nor have the Kings of England beene accustomed to frame new honourary titles , for the advancement of those men which are dear unto them : but to preferre them before others of the same honourary ranke and order . Henry the sixth bearing especiall affection unto Henry Beauchamp , Earle of Warwick , first made him the prime Earle of England , or Praecomes Angliae . And when he after made him Duke of Warwick , hee ordered him to have precedencie , next after the Duke of Norfolke , and before the Duke of Buckingham . The same King Henry making his halfe-brother Edmund of Hadham , Earle of Richmond , gave him the place above all Earles , and next of all unto the Dukes . Thus did King Iames of blessed memory conferre upon the Earle of Nortingham , ( on his surrendry of the place and Office of Lord Admirall ) the seniority and precedencie of the Mowbraies , ( out of which house he was extracted ) during the life of the said Earle . And thus his sacred Majesty now being , when he created the right honourable the Viscount Wallingford , Earle of Banbur● ▪ gave him precedencie before all Earles , created since his Majesties happy comming to the Crowne . And in the Patent of creation of the right honourable the Lord M 〈…〉 joy , 3. Can there was a clause of precedencie inserted , before all the Barons of ●hat yeere , by which hee forthwith had the place both of the Lord Craven , and the Lord Falconbriage , though created before him . So absolute a power have our English Monarchs in the dispensing of their honours , and marshalling those persons whom they have advanced to these high dignities . As for the Female sex , they have no reason to complaine that they have beene neglected or omitted in the distributing of these honourary rewards and dignities : some of them having had the happinesse to taste the bounty of the Prince in the highest honours . For thus the Lady Margaret de Brotherton , daughter of Thomas of Brotherton , Earle of Norfolke , was by King Richard the second , made Dutchesse of Norfolke , Anno 1398. And thus the Lady Anne Bullen , daughter of Thomas Earle of Wilts , was by King Henry 8. made Marchionesse of Pembroke , Anno 1532. as was the Lady Margaret , daughter of George D. of Clarence , created Countesse of Salisbury by the same King Henry ; Anno 1514. Thus also the Lady Elizabeth Einch , being by King Iames created Viscountesse Maidstone , was by our gracious Soveraigne Lord now being , created Countesse of Winchelsey , Anno 1628. the dignity entailed on the heires males of her body begotten . And finally , thus was the Lady Elizabeth Richardson , wife of Sir Thomas Richardson Lord Chiefe Justice , created Baronesse Cramont , by his Majesty now reigning not to say any thing of the Lady Mary Fane Baronesse Despencer , or of the Lady Margaret Lennard , Baronesse Dacres of the South ; being restitutions rather then creations . Now for the method which I am to use in this following Catalogue , it shall be after the most naturall of the Alphabet ; as being of most ease and speediest use in finding what we have a minde to looke for . And in the same I shall lay downe the just successions of and in each severall title , ( premising first a brief description of the place denominating ) together with the yeere of Christs nativity , wherein each severall Duke , Earle , or Marquesse either succeeded in the place , or was advanced unto the same . I also shall report in briefe , on what pretext of bloud such and such men attained those honours which they have enjoyed ; If any neernesse or descent of blood was pretended by them : and where a family breakes off , and a new comes in , that I have marked with a few crosses thus . ✚ ✚ ✚ ✚ I have observed also who and how many of each title have managed any of the great and honourary Offices in the Common-wealth : as those of Lord high Steward , Lord high Chamberlaine , Lord Constable , Lord Admirall ; Lord Chancellour , Lord Treasurer , Lord Chiefe Justice , or Lord Privie Seale ; together with the Lord Steward , and Lord Chamberlaine of his Majesties houshold , and the LL. Presidents of Yorke and Wates , and Chancellours of either of the Universities . Such of them as have had the honour to be admitted into the Order of the Garter , I have noted with this little Asterisme * . And all this I have done with as much brevity as was possible ; professing nothing in this place but a Nomenclator ; a bare and naked Catalogue of names and honours , for the more easie understanding of our English History , which was the matter which first moved me to compose these Tables . As for the order of precedencie of the men themselves , that are thus dignified and advanced , as now they stand ; that is to be accounted from and by the seniority of their creations in their severall series : save that a course was tooke in Parliament , 31. H. 8. c. 10. for placing those above the rest , which were entrusted with the greatest Offices of State and Court. As , viz. that of the Lord Chancellour , or Lord Keeper , Lord Treasurer , Lord President , Lord Privie Seale , Lord Constable , Lord high Chamberlaine , Lord Admirall , Lord Marshall , together with the Lord Steward , and Lord Chamberlaine of his Majesties houshold . Which manner of precedencie being it is personall , as unto the men , and hath no reference to their place and titles , varieth and changeth with the times , according as they are in trust and favour with their Lord and Soveraigne . But for the places which have given name and title to Dukes , Marquesses , or Earles ; and for the men that have beene honoured with those titles , they are these that follow : taking along such Lords , and Viscounts , as have beene dignified with and by the selfe-same titles , and no more but those . Saint Albans . S. Albans is the fairest and the goodliest town in the County of Hertford . It arose out of the ruines of old Verulamium , a towne more strong and ancient farre , ( as being the strongest Fort of all the Britaines , in the time of Caesar ) though not halfe so beautifull . It took both name , original , & Grandour , from Alban , once a Citizen of Verulamium : who suffering Martyrdome for the faith of Christ , during the persecution of Dioclesian ; had first a faire Church built in memoriall of him , in that very place : or if you will , Ecclesia mirandi operis , atque ejus martyrio condigna , in the Authors language . ( Bedae hist . lib. 1. c. 7. ) But this Church and towne of Verulam being both destroyed , in those fierce warres , which were betweene the Saxons and the Britains , Offa the great and puissant K. of the Mercians , built not farre off from the old seate , a Monastery to the honour of Saint Alban ; endowed it with a great revenue , and many goodly priviledges , as well Ecclesiasticall as Temporall . This in short time , improved the Monastery into a towne : the Abbat in regard of his great possessions , and jurisdiction correspondent , drawing no ordinary confluence of all sorts of people . Pope Adrian , borne at Abbats-Langley , about five miles off , added this honour to the place , that as Saint Alban was the first Martyr of the English nation : so should the Abbat have precedencie of all English Abbats . This house was valued at the suppression , at 2510. li. 6. s. 〈◊〉 . d. per annum ; and was surrendred into the hands of Sir. Thomas Pope , Doctor Petre , and Master Cavendish , for the use of K. H. 8. Decemb. 5. Anno 1639. The Abby Church being a stately and magnificent fabrick is left standing still : townesmen purchasing the same at the price of 400. li. and turning it into a Parish Church , as it now remaines . For the great battels fought about this towne , and in the very streets thereof , between the two contending houses of York and Lancaster ; I leave you to the common Chronicles . The persons which it hath ennobled , are these that follow . Viscounts and Earles . 1620 1 Francis Bacon , L. Verulam , and L. Chan. of England , created Visc . S. Albans , Jan. 18. 1628 2 Rich de Burgh , E. of Clan-Ricard in the Kingd . of Irel. creat . E. of S. Albans , Aug. 23 1636 3 Vlike de Burgh , E of S. Albans , and Clan-Ricard , now living . 1641. Anglesey . ANglesey is an Iland of North-Wales , situate over against Carnarvonshire , from which it is divided by a narrow straight : called in the Latines Mona , by the Britains Mon ; but being conquered by the English , obtained the name of Anglesey , as one would say , the Iland of the English-men . It is exceeding fruitfull both in corne and cattell , from whence the Welch are liberally stored with both : And therefore it is said proverbially , Mon mam Cymbri , that Anglesey is the mother of Wales . It was the ancient seate of the Druides , and brought with no small difficulty under the command of the Romans , by Iulius Agricola the people fighting here , ut pro aris & focis , for their religion and their gods . It containeth in it 74. Parishes , the principall wherof is named Beaumarish , being at this time the head towne of the shire : and Abersraw , now an obscure and homely place , but anciently the Royall seate of the Kings of North-Wales . The persons which it hath given title to are onely these . Earles of Anglesey . 1624 1 Christop . Villiers , brother of Geo. D. of Buck. created E. of Angles . Sept. 24. 1630 2 Charles Villiers , now living . 1641. ARundell is the name of an ancient towne and Castle in the County of Sussex , pleasantly seated neare the river of Arun : whence it was called Arundale , or Aruntina vallis , in some Latine Authors . The Castle of great fame and strength ; but farre more famous for the Lords and Earles therof , then the strength or beauty . A place in this farre different from the rest of England : the title of the Earle of Arundell , being annexed unto the Castle , honour , and signeurie of Arundell ; and going along with the possession of the same : as was adjudged in that great controversie , between Sir Iohn Fitz-Alan , being in possession of the Castle , against Iohn Mowbray D. of Norfolke , being the right heire in the nearest degree . The Earles hereof in regard that by ancient Charter they had had the ●ertium denarium , or the second penny of the Plees of Sussex ; and that they sometimes had their residence and abode in Chichester , as the chiefe City of that County : are in some old Charters called Earles of Sussex ; and in some others , Earles of Chichester . That which was theirs most properly , hath stayed longest by them : and is of late increased by the addition of the titles and dignities of the Batonies of Fitz-Alan , Clun , Oswaldstree , and Maltravers , with divers other lands , tenements , and hereditaments , annexed unto the title , name , and dignity of Earle of Arundell , by speciall Act of Parliam . An. 3. Car. R. the noble personages which have borne this title , are these that follow . Earles of Arundell . 1067 1 Rog. Montgomery . 1091 2 Hugh de Montgomery . 1098 3 Rob. de Montgomery , devested of this honour , An. 1102.     ✚ ✚ ✚ ✚   4 William de Albeney . 1189 5 Will. de Albeney . 1196 6 Will. de Albeney . 1199 7 Will. de Albeney . 1224 8 Hugh de Albeney , died 1243.     ✚ ✚ ✚ 1289 9 Rich. Fitz-Alan , descended of the Lady Isabell ; sister of Hugh de Albeney . 1301 10 Edm. Fitz-Alan . 1326 11 Rich. Fitz-Alan . * 1375 12 Rich. Fitz-Alan , L. Tr. & L. Adm. 1397 13 Tho. Fitz-Alan , L. Tr. died 1416. * 1434 14 John Fitz-Alan , L. Maltravers . * 1439 15 Will. Fitz-Alan . * 1487 16 Tho. Fitz-Alan . 1524 17 Will. Fitz-Alan . * 1543 18 Henry Fitz-Alan , Ch. of Oxford . *     ✚ ✚ ✚ 1579 19 Philip Howard , son of Tho. D. of Norfolk , & the La. Mary Fitz-Alan ▪ 1604 20 Tho. Howard , now E. of Arund and Surry , and E. Marshall of Engl. Anno 1641. AUmer'e , or Alb●marle , is the name of a small town and territory in the Dukedome of Normandy . It belonged heretofore to Stephen , the sonne ▪ of Odo , descended from the Earles of Champagne : whom William the Conquerer made Earle of Albemarle , as being the sonne of his halse sister by the mothers side ; and gave unto him for the further maintenance of his estate , the territory of Holdernesse in Yorkeshire . This title hee enjoyed , and left the same to his posterity , who enjoyed it also . And when his issue sailed , the Kings of England honoured others with it ; though they had long since lost their estate in Normandy ; the Dukes and Earles whereof , take thus in order . Dukes and Earles of Aumerle . 1095 1 Stephen , sonne of Odo , Earle of Bloys . 1128 2 Will. le Gros.     ✚ ✚ ✚ 1182 3 Will. de Magnaville , E. of Essex ▪ Hawys daught . of Will. le Gros.     ✚ ✚ ✚ 1191 4 Will. de Fortibus . 1196 5 Will. de Fortibus . 1244 6 Will. de Fortibus . 1258 7 Tho. de Fortibus .     ✚ ✚ ✚   8 Tho. of Woodstock , D. of Gloc. *     ✚ ✚ ✚     ✚ ✚ ✚ 1378 9 Edw. Plantagenet , D. L. Adm. *     ✚ ✚ ✚ 1412 10 Tho. D. of Clarence , E. *     ✚ ✚ ✚   11 Rich. Beauchamp , E. of Warwick , created Earle of Aumerle , by King Henry . 6. BAnbury is a towne in Oxfordshire , the second both for wealth and beauty in all that County : Most famous in our common Chronicles , for the great battell there-by fought betweene the two great houses of Lancaster and Yorke : in which the victory fell to the Eare of Warwick , then chiefe of the Lancastrian party , who forthwith tooke King Edward prisoner ( of that name the fourth ) now forlorne and hopelesse . It was not long since much wasted by a devouring fire , but very well repaired and beautified ; and still is as it hath beene anciently , case● conficiendo notissimum , as Camden notes it , a towne much famed for the best and most delicate sort of Cheeses . It never had but one Earle , and he 1626 1 William , L. Knollys , Visc . Wallingford , created E of Barbury , Aug. 18. and died , Anno 1631. BAthe , is the fairest , and the principall City in all Somersetshire , seated in a very low Plaine , and round about environed with hils very high and sleepe : from whence come many rivulets and fresh-water springs , to the great commodity of the people . But that which brings most wealth unto the place , are not the waters from without , but those waters which are within ; sending up from them much thinne vapours , and a strong sent withall ; which springs are very medicinable unto many maladies . Three of these springs there are in all , the waters of the which being received in large and fitting receptacles for the publick use ; they call the Kings Bath , the crosse Bath , and the hot Bath . From bathing in these waters , it was called the Bath ; and thence Bathania in the Latine : unlesse perhaps you rather thinke that bathing tooke its hint from hence , and that this place tooke name from Badon , or mons Badonicus , not far off , as certainely Ca●r Badon , the old Britains called it : The Greeks and Latines gave it names according to the nature and condition of the waters , or the Baths there being : it being called by Ptolom●e , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 waters ; by 〈◊〉 Aquae solis the waters of the Sunne , on the 〈◊〉 same reason . Of the faire Church here we have spoke already in out description of the Bishoprick : which being ruined amongst other Monasteries in the time of K. H. 8. hath of ●are times beene , as it were reedified , but certainely repaired , and beautified , and made fit for use , by the great costs of Bishop Montague , a late Bishop there . Earle it had none untill the time of H. 7. since it hath had divers ; whose names and times we now present you . Earles of Bathe . 1486 1 Philibert de Chandew .     ✚ ✚ ✚ 1536 2 John Bourchier , Lord Fitz-Warin , created E. of Bathe , by H. 8. July . 10. 1539 3 John Bourchier . 1561 4 William Bourchier .   5 Edward Bourchier . 1638 6 Henry Bourchier , now E. of Bathe , Anno 1641. BEdford is one of those three Counties which anciently were possessed by the Castic●●bla ni● the Countrey indifferently well provided of all necessaries , both for foode and fewell . It taketh denomination from the chiefe town thereof , called Bedford , or in the old Saxon , Bedanford ; i. e. Beds , or Innes at the Ford. A towne conveniently seated on both sides of a river which runneth through it ; well built , and populous , as having in it no lesse then five Churches . But the chiefe commendations which it hath , is for the antiquity and strength thereof ; as being a towne of no small note and consequence , Anno 572. when as Cuthwulf the Saxon vanquished the Britains in the open feild , and became Master of the Countrey . The Castle here being counted very strong , and almost impregnable , brought no small mischeife to the place , being a peece much aimed at by all those in the former times , which either pretended to the Crown , or bare armes against it . But all the fortifications being demolished in the reigne of K. H. 3. the people have since lived in quiet : and the chiefe repuration of it now consisteth in this , that it hath given the title of Dukes and Earles to these persons following , being in their severall ages Dukes and Earles of Bedford . 1365 1 Ingelram de Cowcy , E. *     ✚ ✚ ✚ 1414 2 John , son of Henry 4. L. Adm. Const . and Regent of Fr. D. *     ✚ ✚ ✚ 1470 3 George Nevill , D.     ✚ ✚ ✚ 1485 4 Jasp . de Harfeild , E. of Pembroke , halfe brother to King H. 6. D. 〈◊〉     ✚ ✚ ✚ 1549 5 John L. Russell , L. Pr. and L. Adm created E of Bedford by Edw. 6. * 1554 6 Francis Russell . 1585 7 Edward Russell . 1628 8 Francis Russell , now Earle . 1641. BErkley is the name of a noble and an ancient family , dispersed in many places of this Kingdome . They tooke this name from Berkley Castle , situate neare the Severne bankes in the County of Gloucester , of which they were made Barons by King H. 2. Whereas before that time they were called Fitz-Harding ; as being descended from one Robert Fitz-Harding of the bloud Royal of the Danes . Which Robert Fitz-Harding by the name of Robertus filius Hardingi filii Regis Datae , is joyned as a Co-founder with King. H. 2. of the Cathedrall Church of Bristoll , ( but then a Monastery onely ) as doth appeare by an inscription over the gate of the said Church . William L. Berkley of this house , being descended from the Mowbiaeies , who amongst other ri●les were Earles of Nottingham , was in the yeere 1482. created Visc . Berkley by King Richard 3. afterwards Earle of Nottingham , and Earle Marshall by King H. 7. and finally , created Marqu . Berkley by the same King H. Arno 1509. But dying without issue all those titles ended with him : that of the Lord Berkley still continuing in the line collaterall . Visc . and Marqu . Berkley . 1509 1 Will. L. Berkley , created Viscount Berkley , by King R. 3. was created Marqu . Berkley by K. H. 7. mort sans issue . BErkshire was anciently in the Saxon times called Berro●schire : which name the learned Antiquary Master Camden out of Asserius Menevensis deriveth from Berroc , a certaine Forrest , where grew good store of Box , to which the people used in the time of danger to retire themselves . It lieth conveniently all along the bankes of the river of Thames , which serves them well for the conveyance of their corae , fewell , and other commodities to the City of London : and containeth in it 140. Parishes , of the which 12. are Market townes ; the chiefe , Reading , and Abington . But that which gives most lustre to it , is the royall Palace and Castle of Windsore , the principall seate and residence of the most honourable order of the Garter : and indeed the most magnificent mansion of the Kings of England . Camden in his description of this County doth conclude it thus . Thus much of Barksh . which ( as yet ) hath given the title of Earle to no man. And true it was when he so said it . But since it hath bestowed that title on these : Earles of Berks. 1620 1 Francis L. Morrys , crea . E. of Berkshire , Jan. 28. mort sans issue masse .     ✚ ✚ ✚ 1625 2 Tho. Howard , Visc . Andover , created E. of Berksh . Feb. 7. now living . Anno 1641. BRIDGEWATER . BRidgewater , but more properly and in the old records Burgh-Walter , that is ; Walters Burgh , so called of Walter de Duaco , who came in with the Normans , & had faire lands given him in these parts by the Conquerour ; is a town of Somerset-shire . A great and populous town it is , descending by the Chaworths to the Dutchy of Lancaster : and vvas by Hen. 8. the heire of the Lancastrian family , adorned with the tlitle of an Earledome ; which hee bestowed on Sir Henry Dawbeney , son of that Giles Dawbeney , who came in with King Hen. 7. from Britaine in France ; and was by him made his L. Chamberlaine , and Knight of the Garter . Which Henry dying without issue , this title lying long a sleep , was afterward awakened in another family , ordeined to be a seminary for the Earles of Bridgewater . A. Ch.   1538 1 Henry L. Diwbeney created Earle of Bridgewater . 30. H. 8.   ✚ ✚ ✚ ✚ 1617 2 Iohn Egerton Visc . Brackly , created E. of Bridgewater , May 15 L. President of Wales now living , Anno 1641. BRISTOL . BRistol the third in ranke of the Cities of England , is situate on the rivers of Frome and Avon , not far off from the entrance of the Severne into the Ocean . In that regard it stands commodioussy for trade and trafick , the ships with full sayle comming up into the bosome of the City ; and verily the Cityzens there are wealthy Merchants , and trade into the most part of the world with good faith and fortune . Part of it stands in Somersetsh . and part in Glocester shire , though they account themselves of neither : being a County in it selfe incorporate , and independent upon any other than its own Officers . A town exceeding populous , and exceeding cleanly : there being sinks and sewers made under ground , for the conveyance of all filth and nastinesse , which by them passeth into the rivers . The Castle of it once was a place of strength , and in it K. Stephen was kept a prisoner by Maud the Empresse : but now not able to defend it selfe from the ruines of time . Churches it hath in it , and thereto adjoyning , to the number of 18 , or thereabouts , whereof the fairest and most memorable , next to the Cathedrall ( of which we have already spoken in our description of the Bishoprick , is S. Maries of Radcliffe , without the wals , esteemed to be the fairest Parish Church in England , yet however it hath long been a town of Fame ; it is not full an hundred yeares , since it was made a Bishops see : But lesse since it became a title of nobility , viz. not till King James conferred the honour of Earle of Bristol , on 1622 Iohn L. Digby of Sherborne , cr . E. of Bristol , Sept. 15. Jac. 20. now living 1641. BUCKINGHAM . Bvckingham is another of the three Counties , which were once the seate of the Catlieuchlani : and is supposed to take that name from Bucken , that is , Beech-trees , with which the Countrey is well stored . It is generally a very rich and plentifull soyle , equally good for corne , and grazing , and lieth al along on the banke of the Thames , confronting Bark-shire . It conteines in it , 185 Parishes , eleven of the which are market townes ; and amongst them the chiefe in name is Buckingham , the head town of the County . A town of no great note , when it was at the best ; but more considerable heretofore , than at the present ; being once fortified with a Castle , now hardly to bee found in the very ruines , as also with a rampire and certaine sconces , built for defence thereof against the Danes , now more invisible than the Castle . The greatest honour it can chalenge , is that it hath given titles of the highest honour , to many a brave and worthy personage , as well of the bloud Royall as of other families : who by the Kings of England have been hence denominated . Dukes , Marq. and Earles of Buckingham .   1 Walter Giffard , E.   2 Walter Giffard .     ✚ ✚ ✚ 1164 3 Richard Strongbow Earle of Pembroke .     ✚ ✚ ✚ 1377 4 Thom. of Woodstock , D. of Glouc. L Constable . * 1397 5 Humfrey Plantagener , died 1400.     ✚ ✚ ✚ 1444 6 Humfrey Stafford , D. L. Constable ; descended from a daughter of Thom of Woodstock . * 1460 7 Henry Stafford D. L. Consta . * 1468 8 Edvv. Stafford D. L. Consta . *     ✚ ✚ ✚ 1616 9 George visc . Villiers , or Earle of Buck. 14 Jac. Jan. 5. Marq. Buck. Jac. 17. Jan. 10. and finally D. of Buck. 21. Jac. May , 1613 ▪ Lord Admirall and Ch. Camb. * 1628 10 Geo. Villiers , now Duke , 1641. BVLLINGBROKE . BVllingbroke is an antient town in Lincoln-shire , heretofore belonging to the Lacies E. of Lincolne : and by the marriage with Alice daughter and heire of Hen. Lacy E. of Lincolne , to Thomas E. of Lancaster ; this with the residue of the lands of Lincolne , became united and incorporated with those of Lancaster . The greatest fame thereof , was for a Castle built there by William of Romara , E. of Lincoln : but much more famous in succeeding times , in that it was the birth place of K. H. 4. surnamed ( according to the fashion of that age ) of Bullingbroke . ) It hath beene almost eversince his time , one of the honours ( as we call it ) of the crown of England : but never made an honorarie title unto any family , untill K. James conferred it on Sr. Oliver S. Johns who possibly might affect to bee thence denominated , as fetching his descent from the Ladie Margaret Beauchamp , grand-mother to King Henry the 7 , the heire of the Lancastrian Family . Earle of Bullingbroke . 1624 1 Oliver L. S. Iohn of Bletho , created E. of Bullingbroke , Jac. 22. Dec. 28. Now living , 1641. CAMBRIDGE . CAmbridge-shire was once part of the possessions of the old Iceni , and takes that name from Cambridge the chiefe town thereof ; and that derived either from the old town called Camboritum , which Antoninus mentions in this tract , or else , as other have conceived , from a bridge built on the river Cam , on whose banks it standeth . A town that hath beene long since dedicated unto learning : here being a publique Schoole erected An. 630 or thereabouts , by Sebert King , of the East Angles , and that ad morem Cantuariorum , as it is in Beda . But Schooles and studies being overthrown by the Danish fury , it lay long forlorne and discontinued , till it beganne to flourish under the calmer times of the Normans government , that is to say , about the middle of the reign of K. H. the first , the 3 K. of the Norman Kings . Nor was it long before , that of a famous Schoole , or Schola illustris , as we phrase it now , it did become as famous an Vniversity : Robert de Remington affirming , that in the reigne of Edward the 1 it was made an Vniversity such as Oxford is , by the Court of Rome . There are now 16 Colleges and Hals endowed , replenished with such store of students , that unlesse it be in her sister Oxford , the like are not found in all Europe . But we must leave this speculation of it as an Academy ; and look upon it next as a title of honour : in which consideration we shall find it no lesse fortunate , than we did before , in these Earles of Cambridge .   1 William do Meschines , son to Randolph E of Chester .   ✚ ✚ ✚ ✚ 1342 2 Iohn de Hainalt uncle to Qu. Philip , wife of Edw. 3.   ✚ ✚ ✚ ✚ 1349 3 William Marq of Iuliers .     ✚ ✚ ✚ 1362 4 Edm. of Langley D. of York . * 1401 5 Edw. Plantagenet D. of York . * 1414 6 Rich. de Co 〈…〉 isburgh , 2 son of Ed● . of Langley .     ✚ ✚ ✚ 1619 7 Iames marq. Hamilton cr . Earle of Cambridge , 17. Jac. Jun. 15. Lord Steward . 1625 8 Iames Marq. Hamilton , Master of the horse , and now E. of Cambridge , 1641 CARLILE . CArlile is the principall City in the County of Cumberland , situate in the furthest part of the Kingdome toward Scotland , on the Westerne marches : fortified with a Citadel and sundry Bulwarks for a defence against the Scots , as standing in a place of most advantage for the securing of that border . It flourished heretofore in the time of the Romans , and was by them called Lugu-vallum , as standing on the Trench , or Vallum Picticum , the Picts wall , as our stories call it ; made by the Romans to defend their Province from the Picts and Scots . So that it seemes of old to have been the boundary betweene the nations : though the Northumbers after , in the Saxon times , enlarged their Empire to the banks of Dunbritton Fryth . From whence , or when it first was called Carlile , our Authors say not ; but by that ●●me , and in the Latin by Carleo 〈…〉 , it hath long been known . The Danes consumed it into ashes , and it lay unrepaired in rubbish , til the time of William Rufus , who rebuilt it . Since which by the accession of the Episcopall See , erected there by H. the first , who succeeded Rufus ; it came to be of wealth and credit : and hath given the title of an Earldome to two severall Families , which being of a different quality , have in as different times beene Earles of Carlile . Earles of Carlile . 1321 1 Andrew de Harcla .     ✚ ✚ ✚ 1622 2 Iames Hay , Visc . Doncaster , created E. of Carlile , 18. Jac. Sept. 17. 1636 3 Iames Hay now E. of Earlile , 1641. CARNARVON . CArnarvon is a shire of North-wales , butting upon the Irish seas , and parted from the Isle of Anglesey by a streit , or Fretum . A mountainous and rocky Countrey : but the defects thereof are plentifully supplyed by the Isle adjoyning . It tooke name from Carnarvon , the chiefe town thereof : heretofore very strongly walled , and fortified with a faire Castle . Edward the 2. K. of England was here borne ; and hence according to the custome of those times , entituled Edward of CARNARVON . For the occasion of it I refer you to the common Chronicles . The Princes of Wales had in this place their Chancery and Exchequet for all North-Wales : which was no small improvement to it . Earle it had never any till the present Age , in which our Soveraigne Lord now reigning conferred that title on 1628 1 Rob. L. Dormer of Wing , created E. of Carnarvon 4. Car. Aug. 2. now living , Anno 1641. CHESTER . CHester is the principall City of Cheshire , antiently part of the Cornavii . The Country not so plentifull in corne , as in fish and cattell ; but fruitfull in no one thing more than the production of ancient Gentry ; of which it can still shew more antient Families than any one County in the Kingdome . The City built in form of a quadrant , fouresquare , is enclosed with a wall that taketh up more than 2 miles in compasse , and hath 11 Parishes ; the houses being very faire , and well built , and having all along in the chief streets before the doors , a kind of gallerie ; through which a man may walk dry from one end to the other . Seated it is upon the river of Dee , on which , to shew his splendor and magnificence , K. Edgar was once rowed by 7 petie kings of the Scots and Britans , to the great joy of the beholders . The Earles hereof were anciently accounted Palatines . William the Conquerour giving this Earldome to Hugh Lupus , a noble Norman ; to be holden us freely by his sword , as the King himselfe held England by his own . And though it be now , and hath long beene incorporated into the Patrimony regall ; yet it still holds the rights and privileges of a County Palatine : and hath for the administration thereof , a Chamberlaine , a Iustice for the Common plees of the Crown , two Barons of the Exchequer , a Sheriffe , an Eschetour and other Officers ; to the great ease of all the country in expedition of their businesse . The Palatines hereof , before it came into the Crown , are these here following , Earles of CHESTER . 1067 1 Hugh sirnamed Lupus . 1103 2 Richard son of Hugh .     ✚ ✚ ✚ 1120 3 Randolph de Meschines . 1129 4 Randolph de Gernoniis . 1153 5 Mugh Kivilioc , son of Randolph . 1181 6 Randol . Blondeville son of Hugh .     ✚ ✚ ✚ 1233 7 Iohn le Scot , sonne to the Lady Maud eldest sister of Randolph .     ✚ ✚ ✚ 1245 8 Edw. eldest son of K H. 3.     ✚ ✚ ✚ 1255 9 Simon de Montford , Earle of Leicester , after whose death Chester was laid unto the Crowne ; and hath beene since united to the Principality of Wales : so that who list to see the residue of the Earles of Chester , shall find them in the former Catalogue of the Princes of Wales , which have beene of the Royall bloud of England . CHESTERFEILD . CHesterfield is a town of Darbysh , commonly called Chesterfeild in Scardale . A towne , which by the ruines of it doth seem to be of good antiquity ; and therefore likely to have had some more ancient name , which seemes to be now buried in those ruines ; or by continuance of time , quite worne out and lost . It glorieth much of being made a free Burrough , in the time of K. John ; and for the battaile fought hard by between K. Henry the 3 , and his rebellious Barons , in which Rob. de Ferrers , Earle of Darby , being taken prisoner , lost his Estate and Dignity , though not his life . But that in which it hath most cause to glory , is that from an ordinary Market Town , it is become the seate of an Earldome ; the stile and title of Earle of Chesterfeild , being conferred by our dread Soveraigne now being , upon 1628 1 Philip Lord Stanhop of Shelford , or Earle of Chesterfeild , 4 Car. Aug. 4 and is now living , Anno 1640. CLARE & CLARENCE . CLare is an ancient Town on the edge of Suffolk , where it joyneth to Essex , seated not far off from the banks of the river S●oure by which the Counties are divided . A Town that hath not any thing whereof to boast ( the Castle and the Collegiall Church being both in rubbish ) but that it gave both name and title unto that noble Family , sirnamed De Clare ; who in their times were Earles of Hartford , Clare and Gloucester . But the male issue of these Clares being failed , Lionel the 3 sonne of K. Edw. the 3. ( having married the sole daughter and heire of William de Burgh , E. of Ulster in Ireland , begotten on the body of Elizabeth , one of the sisters and coheires of Gilbert de Clare , who died Anno 1291 , the last E. of Clare and Glocester of that name ) was made Duke of Clarence ; the termination of the title , being only changed , not the place denominating . And from the change thus made ( which I note only by the way ) the second king of Armes is surnamed Clarentieux ; as apperteining formerly to the Dukes of Clarence : whom with the Earles preceding and succeeding , take in order thus ; Dukes and Earles of Clarence . 1139 1 Gilbert E. of Clare . 1152 2 Roger de Clare . 1174 3 Richard de Clare , after whose death , this title lay long drowned in that of Gloucester .     ✚ ✚ ✚ 1362 4 Lionel , D. of Clarence , 2 son to K. Edw. the 3.     ✚ ✚ ✚ 1411 5 Tho. D. of Clarence , 2 son to K. H. the 4. L. Admirall .     ✚ ✚ ✚ 1461 6 Gro. D. of Clarence , brother to K. Edw. the 4. L. Constable .     ✚ ✚ ✚ 1624 7 Iohn Hollys Lord Houghton , cr . E. of Clare , Com. Suffolk , 22. Jac. Nov. 2. 1638 8 Iohn Hollys now Earle of Clare , 1641. CLEVELAND . CLeveland , is a w●pon-take or hundred in the northriding of York-shire , taking that name as Camden tels us , of the steepe banks which we call Clyffes , which run all along the side thereof , and at the foot of which the Countrey spreadeth into a plaine ful of fertile fields . It seemeth to be a place of a faire extent , as being one of those 3 Arch-deaconries into which the whole County is divided ; and doth give the title of an Earle , to 1625 1 Thomas L. Wentworth created E. of Cleveland , 1 C●r . Feb. 7. who doth still enjoy it , An. 1641. CORNWALL . COrnwall is the most western part of England , and takes denomination from the shape and fashion of it , being like an horne ; which the old Britans called Kern , as now the Welch call the countrey Kernaw . The people of it are a remainder generally of the antient Britans ; whose language , for much of it , they do still retaine : although by intermixture of the Saxons , not easie to be understood by the Welch themselves . The Countrey very mountainous , as Wales is also ; and therefore of the lesse accesse to the Conquering Saxons : but the sea-costs well beautified with goodly townes , able to set to Sea , a good Fleet of shippes . And for the mountaines , they doe recompence their defects without , by their abundant wealth within ; as being very full of mines of tinne , which yeelds great profit to the Countrey , and furnisheth most parts of Christendome with that commodity . The Earles of Cornwall heretofore gave great immunities and liberties to those that laboured in these mines ; and when this Earldome fell again unto the Crown , Edw. the 3 erected a L. Warden of the Stannaries , to have the government thereof . And at that time of its reverting to the Crown , the L. K. Edw. gave it to his son , surnamed the black Prince ; since the which time , the eldest sons of the Kings of England , whether it be by birth , or by the death of their Elder brothers , are ipso facto Dukes of Cornwall , without any creation , and are at age to sue their livery , how young soever . Whom with their predecessors we shall marshall thus , Dukes , and Earles of Cornwall .   1 Robert of Morton , E of Cornwal . 1087 2 Wil. de Morton .   ✚ ✚ ✚ ✚ 1140 3 Reginald Fitz-Harry , base son unto K. Hen. the first .   ✚ ✚ ✚ ✚   4 Iohn second son of K. H. the 2. 1227 5 Rich. Plantagenet , 2 son of K. Iohn K. of the Romans . 1272 6 Edw. Plantagenet , son of Rich.     ✚ ✚ ✚   7 Piers Gaveston .     ✚ ✚ ✚ 1336 8 Iohn of Eltham , 2 son of Edw. 2. 1336 9 Edw. the black Prince . 1357 10 Rich of Burdeaux eldest son of the black Prince . * 1399 11 Hen. of Monmouth , eldest son of H. the 4. * 1422 12 H of Windsore , eld . son of H. 5. * 1453 13 Edw. of West . eld . son of H. 6. * 1470 14 Edw of West . eld . son of Edw. 4. * 1483 15 Edw. of West . eld . son of Rich. 3. * 1487 16 Arthur eld . son of K. H. 7. 1503 17 Hen. 1 son of K. H. 7. * 1537 18 Edw. eld . son of K. H 8. 1602 19 Hen eld . son of K Iames. * 1612 20 Char 2 son of K. Iames. * 1630 21 Charles eld . son of our dread Sover●i now being , An. 1641. * COVENTRY . COventry is a faire and goodly City , within the limits of Warw●ck shire , but now within the County of Warwick ; heretofore called so from the Convent , by which and the translating of the See Episcop all from Lichfeild hither , it grew exceeding rich and wealthy . And though it now hath neither Convent , nor Episcopall See ( more than in ruine and in title ) it still continues its old wealth ; being the best City of mart and trade in all these parts ; commodiously built and seated , and more than ordinarily frequented for an Inland Towne . It belonged once unto the Barles of Chester , and afterward by many meane conveyances to John of Eltham Earle of Cornwall ; and so this place became annexed unto that Earldome . Nor lost it any thing , but rather gained much by that annexation : Henry the 6. laying unto it certaine of the adjacent Villages : and making it with them a County corporate , cleerely distinct from that of Warwick . It is now one of the honourary titles of the Duke of Buckingham , George Marquesse of Buckingham , being created Duke of Buckingham , and Earle of Coventry , by letters patents bearing date in May , 21 Jac. and for the remnant of his life he , and since him , his son enjoyed both the title of Dukes of Buckingham , and Earles of Coventry . 1623 1 Georges Villiers , Marquesse of Buckingham . 1628 2 George Villiers , now Duke of Buckingham , and Earle of Coventry , 1641. CUMBERLAND . CUmberland is the furthest Country of England , on the Northwest side , antiently part of the Brigantes . It is called Cumbria in the Latine , and Cumbrorum terra , as being inhabited by the true and naturall Britans , ( who in their own language are cald K●mri ) when as the residue of these Northern parts had yeelded to the conquering Saxon. A Countrey , for the situation of it , neither unpleasant nor unprofitable ; the Valleis yeelding corne sufficiently , the Mountaines breeding great flocks of sheep , the Meeres replenished with all kind of wild foule , and the adjoyning Sea affording a variety of excellent fish . It conteineth in it not above 58 Parish Churches , but very many Chappels of Ease , as big and large as any Parish . Of these there are 9 Market Townes , whereof the chiefe ( next Carlile ) for dispatch of busines , is that of Perith , wherein they hold their Sessions and Assises . Late was it ere this County became an Earldome : viz. when as K. H. the 8. bestowed the stile and dignity of Earle of Cumberland , upon Henry Lord Clyfford , whose issue still continue Earles of Cumberland . 1525 1 Henry L. Clifford created Earle of Cumber . 17 of K. H. 8. Iun. 18. * 1542 2 Henry Clifford . 1569 3 George Clifford . * 1605 4 Francis Clifford . 1640 5 Henry Clifford , Now Earle of Cumberland , 1641. DANBY . DAnby is an ancient Castle in the hundred or Wapontake of Cleveland , in the North-riding of York-shire , seated neare to a large Parke , and a goodly chase of the same name . It belonged anciently unto the L. Latimer , and was sold with other lands belonging to that Family unto Ralph Nevill Earle of Westmerland , who forth with gave the same to his son Sir George Nevil , whom K. H. the 6. not long after summoned to the Parliament by the name of Lord Latimer . His issue male failing in Qu Elizabeths time , and the Estate being divided betweene his two daughters and coheires , this Castle with the lands adjoyning fell unto the share of his daughter Mary , who being married to Sir Iohn Danvers o● Wilish . was by him mother of S Hen. Danvers , created by K. Iames L. Danvers of Dantesey , and by our Sovereigne now being the first E of Danby . 1629 1 Henry L. Danvers of Dantesey , cr . E. of Danby , Feb. 7. 10 Car. now living , Anno 1641. DARBY . DArbyshire is a part of the Coritani , and tooke that name of Darby , the chief town thereof . A Town conveniently seated on the River of Derwent , beautified with five Parish Churches , a goodly stone Bridg , and a large Market-place : and no lesse famous for Good Ale , than Banbury for Cakes and Che●se . Finally , the Town is well traded , and of good resort ; and is the usuall place of holding Sessions and Assisses for all the County . The Countrey of the East and South parts well manured and fruitfull ; yeelding a very spacious and pleasing prospect , both out of Tutbury Castle , and that of Boulsover . The West part which they call the Peak , is not so pleasing to the eye , though possible as profitable to the purse ; being rich in iron , lead , and coales , which it yeelds abundantly ; and grazing multitudes of sheep on the Mountaine tops . It containes in it 106 Parish Churches , of the which 8 be Market towns ; the chiefe thereof being Darby , as before is said : the Catalogue of whose Earls now followeth . Earles of Darby . 1199 1 William de Ferrars . 1247 2 Wil. de Ferrars . 1254 3 Wil. de Ferrars .   4 Robert de Ferrars .     ✚ ✚ ✚ 1131 5 Edm. of Lancaster , 2 sonne to King Henry the 3. after which time , this title was continued in the house of Lancastor . 1338 6 Henry of Lancaster son of Henry Earle of Lancaster , cr . Earle of Darby in his fathers life , 11. Edw. 3. * 1386 7 Henry of Bullingbroke sonne of Iohn of Gaunt , Duke of Lancaster , cr . Earle of Darby in his fathers life , 9 Ric. 2. *     ✚ ✚ ✚ 1485 8 Thomas Lord Stanley , cr . Earle of Darby by King Henry the 7. L. Constable . * 1503 9 Tho Stanley . 1521 10 Edward Stanley . * 1572 11 Henry Stanley . * 1593 12 Ferdm . Stanley . 1594 13 William Stanley , Earle of Darby , 1641. * DENBIGH . DEnbigh-shire is one of the shires of North-wales , heretofore appertaining to the Ordevices . The Countrey very mounteinous , and as barren generally ; though by the paines and industry of the husband-man , it be made in some parts very fruitfull . The chiefe towne Denbigh is well seated on the banks of the river Istrad , which from thence runneth into the Cluyd , the fairest river of this countrey . A town well peopled and inhabited , especially since it became the head of the county ; which was not till the 27 of Hen. the 8. what time the five new shires were added to the rest in Wales , of which this was one . But before that it was the head town of the Barony of Denbigh , being conceived to be one of the goodliest territories in all Englind , as having more Gentlemen holding thereof in see , and by service , than any other . Lords it hath had good store , and of severall Families ; but none of them a Parliamentary Peere ( in reference hereunto ) till these later times . Of late it hath given title both of Lord and Earle to two severall Families ; viz. to these Lords and Earles of Denbigh . 1564 1 Rob. Dudley , created B. of Denbigh , & E. of Leicester , Eliz. 6. Sept. 29.     ✚ ✚ ✚ 1622 2 William Visc . Feilding , created Earle of Denbigh , 20. Iac. Sept. 14 Master of the Wardrobe , and novv living , 1641. DEVONSHIRE . DEvonshire is the most Western Countrey of all England , excepting Cornwall , together with the which it made up the possession of the old Danmonii . It is called Devi●an by the Cornish Britans , that is , the country of Lovv-valleies , because the people dvvel for the most part beneath in vales . From thence the Saxons had their Devenshire ; and the Latines borrow their Devonia A countrey harborous on either side with commodious Havens , enriched with inexhaustable mines of tinne , beautified with fresh and pleasant meadows , shaded again in other parts with greater store of woods , and very well replenished with Towns and Villages ; whereof it reckoneth in the whole 394 Parishes , and therein 37 Market townes of good note and trade . The countrey of it selfe not so fit for corne , but that the toyle and travaile of the ploughman supplies that defect , and addes unto it both by cost and industry what it wants by Nature . Earles it hath had of severall Families ; of which the Rivers and the Courtneys held the title long : as now the Cavendishes may doe , who have possession of it in the third generation . But how long any of them held it , and who they were that interloped , wee shall best see , by looking over the particular Names and Families of the Earles of Devonshire .   1 Ric. de Rivers or Riparis . 1106 2 Baldwin de Rivers . 1154 3 Ric. de Rivers . 11●● 4 Baldvv . de Rivers .   5 Rich. de Rivers .   6 Wil. de Rivers . 1216 7 Baldvv . de Rivers . 1245 8 Baldvv . de Rivers .     ✚ ✚ ✚   9 Wil. de Fortibus , husband of Isabel , sister of the last Baldvv .     ✚ ✚ ✚ 1335 10 Hugh Courtney , next heire of Isabel de Fortibus . 1340 11 Hugh Courtney . 1378 12 Edw. Courtney . 1418 13 Hugh Courtney . 1421 14 Tho. Courtney . 1461 15 Hen. Courtney .     ✚ ✚ ✚ 1469 16 Humfrey L. Stafford of Southwick , made E. of Devon. by K. Edw. the 4.     ✚ ✚ ✚ 1469 17. Iohn Courtney , slaine at Tewksbury . 1487 18 Edw. Courtney . 1509 19 Wil. Courtney . 1525 20 Henry Courtney , Marquesse of Exeter . 1553 21 Edw. Courtney , died 1556.     ✚ ✚ ✚ 1603 22 Charles Blount Lord Montjoy , created E. of Devon , by K. Iames.     ✚ ✚ ✚ 1618 23 Wil. Lord Cavendish of Hardwick created E , of Devonshire , 16 lac . Aug. 20.   24 Wil. Cavendish .   25 Wil. Cavendish , now E. of Devonshire , 1641. DORSET . THe County of Dorset , abbutteth upon that of Devonshire , having the Sea upon the South , and Somersetshire upon the North. It was inhabited hertofore by the Durotriges , and was all the land they did inhabit . The aire good , and of an healthfull constitution ; the soyle fat and rich in many places , and where in that it is defective ; it yelds good store of woods and pasture . The Country generally very pleasant , in her situation , as being no lesse beholding to the inner-land Rivers , than the bordering Ocean ; the one yeelding merchandise from far , the other the commodity of conveyance to most parts thereof ; and both of them good store of fish . It conteines in it 248 Parishes , and in them 18 Market-Townes , the chiefe of which in name is Dorcester , as that which doth denominate the whole Country , and tooke that name it selfe from the Durotriges , whom before I spake of ; unlesse you rather think that it comes from Durnium , which Ptolomy placeth in this tract . A Towne not famous for much els , than that it hath long been , and doth still continue the honorary title of these Noble personages , which have beene severally Marquesses and Earles of Dorset .   1 Osmund de Sees , E.     ✚ ✚ ✚ 1397 2 Iohn Beaufort , Marquesse , Lord Admirall .   3 Thomas Beaufort , Earle Duke of Exeter , Lord Chancellor and L. Adm. 1444 4 Edmund Beaufort Earle and Marquesse . 1454 5 Hen. Beaufort , Marq. 1462 6 Edm. Beaufort , Marq.     ✚ ✚ ✚ 1474 7 Tho. Grey , Marq. 1494 8 Tho. Grey ; Marq. 1530 9 Hen. Grey , Marq. D. of Suff.     ✚ ✚ ✚ 1603 10 Tho. Sickvill L. Buckhurst , created E. of Dotset . 10. Iac. March 13 L. Tres . and Chanc. of Oxf. 1608 11 Rob. Sackvill 1609 12 Rich. Sackvill . 1625 13 Edw. Sackvill , now E. and Lord Chamberlain unto the Queen 1641. DOVER . DOver , is a well knowne and famous Town , both for the Haven and the Castle , for the security and renown of which and the convenient situation of it over against France , it hath long beene accounted one of the Cinque Ports . Seated it is in the very South-East point of Kent , from whence a man may easily discerne the coast of France as being but 24 miles distant . The Town stands in the bottom between the clyffes , very warme and safe ; the Castle mounted up aloft , both to command and to defend it . A place indeed of such impregnable strength and so great importance ; that Philip King of France , when Lewys his son being called in hither by the factious Barons against their Soveraigne L. King Iohn , had gotten many Townes and Forts , but yet could not get the mastery of this peece , despised all , saying , verily my son hath not one foot of land in England , if he be not master of Dover Castle . It now gives title of an Earle to 1627 1 Henry Cary , Visc . Rochfort , created E. of Dover 3 Car. Mart. 8 , and is now living , 1641. ESSEX . ESsex was anciently perteining to the East . Saxons , and made a chiefe part of their Kingdome ; hence it took the name . Before it did belong to the Trinobantes . A Countrey large in compasse , fruitfull of corne and other sorts of graine , plentifull in saffron , wel wooded and wel watred also ; & that not only by the Sea , and the River of Thams , which washeth all one side thereof , but with faire , and fresh , and fishful Rivers , which do afford no small commodity unto it . The greatest want it hath is of sweet fresh aire ; those paris thereof which lye along upon the Thames , ( which they call the hundreds ) being very aguish and unhealthy . This County conteineth in it 415 Parish Churches , whereof 21 are Market Townes , of which Colchester is farre the richest , fairest and best traded . Yet in regard it standeth in the extremity of all the Countrey , the Sessions and Assisses are held most commonly at Chelmesford , which is almost in the middle of it . But it is time to leave the Countrey , and come unto The Earles of Essex .   1 Geofrey de Mandeville .   2 Geofrey de Mand. 1166 3 Wil. de Mand. 1199 4 Geof . Fitz-Piers , L. Ch. Iustice . 1213 5 Geof . de Mand. 1216 6 Wil. de Mand.     ✚ ✚ ✚ 1228 7 Humfrey de Bohun , E of Hereford who married Maud , sister and heire of Wil. de Mand. 1234 8 Humf. de Bohun , L. Con.   9 Humf. de Bohun , L. C. 1298 10 Humf. de Bohun , L. C. 1322 11 Iohn de Bohun , L. C. 1336 12 Humf. de Bohun . * 1361 13 Humf. de Boh. L. C.     ✚ ✚ ✚ 1461 14 H Visc . Bourchier , L. Ch. & L. T. * 1483 15 Hen. Visc . Bourchier , *     ✚ ✚ ✚ 1539 16 Tho. L. Cromwell . *     ✚ ✚ ✚ 1543 17 W. L. Parre , Marq. of Northamp . *     ✚ ✚ ✚ 1572 18 Walt. d'Evreux , L. Ferrars , descended by the Bourchiers from the Bohuns . * 1576 19 Rob. d'Evreux , master of the horse B. Marsh . and Ch. of Cam. * 1604 20 Rob. d'Evreux , now E. of Essex , 1641. EXETER . EXeter is now the chiefe City of Devonshire as heretofore of the Danmonii , by Ptolomy called Isca , and so by Antonine , but that the Copies are mistaken , in which , instead of Isca Danmoniorum , we read Isca Dunmoriorum . A faire and goodly Town it is , seated upon the Easterne banke of the river Ex , from whence it had the name of Excester . In circuit it coutrines within the wals about a mile and a halfe , besides the suburbs which every way stretch out to a great length ; and in that circuit there are numbred 15 Parish Churches , besides the Cathedrall . The whole environed with deep ditches , and very strong wals having many towrs therein very well disposed , and yet the animosity of the inhabitants is a greater strength unto it , than the wals or ditches ; where of they have given notable proofe , in these later times . But for that I refer you to the common Chronicles ; and now present you with the Dukes , Marq. and Earles of Exeter . 1389 1 Iohn Holland , E of Huntingdon , made D. of Exeter by K. Rich. 2. *     ✚ ✚ ✚ 1416 2 Tho. Beaufort , E of Dorset , L Ch. and Adm. made D. of Exeter by K. H. the 5.     ✚ ✚ ✚ 1444 3 Iohn Holland , D. L. Adm. * 1474 4 Hen. Holland , D. L. Adm.     ✚ ✚ ✚ 1525 5 Hen. Courtney , E. of Devonsh . cr . Marq. of Exeter by K. H. the 8. *     ✚ ✚ ✚ 1605 6 Tho Cecill L. Burleigh , cr . E. of Exeter , 3 Iac May 4. * 1623 7 Wil Cecill , 1639. * 1640 8 David Cecill , now E. of Exeter , 1641. FLINT . FLintshire , is one of the old shires of North-wales , and though augmented somewhat by K. H. the 8. what time the March-ground was appropriated unto severall shires ( for which see 37. H. c. 26 ▪ ) Yet it is still the lest of all , as not containing above 28 Parishes , and of them only one market Town . The Countrey not so mounteinous as the rest of Wales ; exceedingly well furnished both with corne for men , and grasse for cattell ; of which it hath good store for number , though for bulke but litle . It tooke denomination from the Castle of Flint , begun by H. 2 , but finished by K. Edw 1 , for a goodfence against the Welch . This Country hath been always held to bee an appendant on that of Chester , and doth ad gladium Cestriae pertinere , as the old books say : but both united now unto the principality of Wales . Edward of Windsore eldest son of K. Edw. 2 was summoned by his father to the Parliament by the name of E. of Chester , and Flint ; since which it hath continued as a title in the Princes of Wales ; and there you shall be sure to find who were Earles of Flint . GLOCESTER . GLocester-shire , antiently was part of the possessions of the Dobuni . A fruitful and a pleasant Countrey , being honoured with a full course of the river of Severne , and the originall or fountaine of the River of Thames . That part thereof which is beyond the Severne is overspread with woods ; all which included in one name , make the Forrest of Deane . That part that butteth upon Oxsord-shire , is swelled up with hils , called the Cotswold hils ; but these even covered , as it were with sheep , which yeelds a wooll of notable finenesle , hardly inferiour to the best of England . Between those two is seated a most fruitfull Vale , fruitfull to admiration , of all kindes of graine , and heretofore of Vines and Vineyards ; the want of which is now supplied by a drink made of Apples , called Syder , which here they make in great abundance . In this so fruitfull Vale stands the City of Glocester , denominating all the Countrey ; and taking name from the old Gle●um , herein placed by Antonine ; for Gleaucester the Saxons stiled it . A fine and neate city I assure you t is , daintily seated on the Severne ; with a large Keye or wharfe on the bankes thereof , very commodious to the Merchandise and trade of the place . The streets are generally faire , and the town well built . And which addes no small lustre to it , Richard the 3 ▪ once Duke hereof , by laying unto it two of the adjacent hundreds made it a County of it selfe ; calling it the County of the City of Glocester . A City finally it is , as worthy to denominate so rich a Countrey , as is the Countrey to give title to those eminent persons , that in their severall times and ages , have been the Dukes and Earles of Glocester . 1100 1 Rob. base son of K. H. 1. E. 1147 2 William .     ✚ ✚ ✚ 1189 3 Iohn sans Terre , son to K. H. the 2 who married Isabel , daughter and coheire of Wil. E. of Gloce.     ✚ ✚ ✚   4 Geof . de Mandeville E. of Essex , 2. husband of Isabel .     ✚ ✚ ✚ 1216 5 Abmeric de Evreux , sen of Mabell , another coheire of E. Wil.     ✚ ✚ ✚   6 Gilbert the Clare , son of Amice another of the Coheires . 1230 7 Rich. de Clare . 1262 8 Gilb. de Clare , who married Ioane of Acres , daughter to K. Edw. 1.     ✚ ✚ ✚ 1297 9 Ralph . de Monte Hermer , 2 husband of Ioane of Acres .     ✚ ✚ ✚ 1314 10 Gilb. de Clare , son of Gilb. and Ioane .     ✚ ✚ ✚ 1337 11 Hugh L. Audley , married Isabell sister and coheire of Gilb.     ✚ ✚ ✚ 1347 12 Tho. of Woodstock , D. of Gloc. & L. Constable .     ✚ ✚ ✚ 1398 13 Tho. L. Spencer , grand son of Eleanor coheire of Gilb E.     ✚ ✚ ✚ 1414 14 Humf. son to K. H. 4. D *     ✚ ✚ ✚ 1461 15 Rich. Plantagenet brother to K. Edw. 4 L. Adm. and Const . D. *     ✚ ✚ ✚ 1640 16 Henry 3 son of our dread Soveraigne L. K. Charles : declared by his Royall Father D. of Gloces . and so now entituled , An. 1641 but not yet created . HARTFORD . HArtford-shire is another of those Countries , which formerly were inhabited by the Cattreuchlani . A Country , as it is described by Camden , rich in corne fields , pastures , meadowes , woods , groves , and cleere riverets ▪ and which for● ancient Townes may compare with any of its neighbours ; there being no one shire in England , that can shew more places of antiquity , in so small a compasse . It conteines in it but 120 Parishes , and of them 18 are market Townes . The Shire-towne , which doth also give denomination unto all the Country is Hertford , s●●ted on the banke of the river Lea , by Beda called Herudford , which some interpret the Redford , and others some the Ford of herts . A Towne not much frequented , nor greatly inhabited , as overtopped by Ware , which enjoyeth the through-fare ; and by S. Albans , which enjoyeth the trade of all the Countrey . The greatest commendation of it is in the antiquity ; and that it hath been longest a title of honour , of any other in this Country : the Family of the Clares and Seymours having been long enobled with the stile of Earles of Hartford . 1139 1 Gilbert de Clare . 1152 2 Rog. de Clare . 1174 3 Rich. de Clare .   4 Gilb. de Clare . 1230 5 Rich. de Clare . 1262 6 Gilb de Clare . 1314 7 Gilb. de Clare .     ✚ ✚ ✚ 1537 8 Edw. Seymour , Visc . Beauchamp , created Earle of Hartford , by King Henry the 8 , after D. of Somerset , died 1551. * 1558 9 Edw. Seymour . 1621 10 Wil. Seymour , now E. of Hertford 1641. HEREFORD . HEreford-shire , was in times past inhabited by the Silures . A Countrey , which besides that it is right pleasant , is for yeelding of corne , and feeding of cattell , in all places most fruitfull , and therewith passing well furnished with all things necessary for mans life ; insomuch that it would scorne to come hehind any one County in England , the people using it for a byword , that for three W. W. W. that is , Wheat , Wooll , and Water , it yeeldeth to no shire in all the Kingdome . The name it taketh from Hertford , the chief Town thereof , which rose out of the ruines of old Ariconium , here placed by Antonine ; the tract and foot-steps of which name , it doth still retaine . The Town is seated very pleasantly upon the banks of the River Wye , in the middle of most flourishing Meadowes , and no lesse plentifull corne fields : and for defence thereof , had once a strong and stately Castle , which now time hath ruined . The Normans became masters of the place , assoone almost as they had made their entrance into England , and unto them the Castle oweth its original ; and 2 yeares after the said Conquest , it was made an Earldom , and hath since given the title of Dukes , Earles , and Viscounts . 1068 1 Wil Fitz-Osborn . E. of Heref. 1072 2 Rog. de Breteville .     ✚ ✚ ✚ 1141 3 Miles de Glocest . L. Con.   4 Rog. L. Co. 1154 5 Walter L. Co.   6 Henry L. C.   7 Makel , L. C.     ✚ ✚ ✚ 1199 8 Henry de Bohun , grand-child of Marg. daughter of B. Miles , L. C. 1220 9 Humf. de Bohun , L. C. 1275 10 Hum. de Bohun , L. C. 1298 11 Hum. de Bohun , L. C. 1322 12 Iohn de Bohun , L. C. 1336 13 Hum. de Bohun , L. C. 1361 14 Hum. de Bohun . L. C. died 1372. *     ✚ ✚ ✚ 1397 15 Hen. of Bullingbrooke , D. of Hereford , married Mary daug . and coheire of E. Hum. after the extinction of his line , the Staffords did sometimes use the stile of Hereford . *     ✚ ✚ ✚ 1547 16 Walt. d'Evreux , Visc . descended by the Bourchiers from the Boh. * 1558 17 Walt. d'Evreux , Visc . E. of Essex . * 1576 18 Rob. d'Evreux , Visc . E of Essex . * 1604 19 Rob. d'Evreux , now Visc . Heref. and E. of Essex , 1641. HOLDERNESSE . HOldernesse is the name of a large Promontory or head-land , in the East-riding of York-shire , lying on the South-east of the river of Hull : Ptolomy seems to call it Ocellum , a certaine Monk Cavam Deiram , or the Hollow Country of the Denians ; expressing in those words the new name of Holdernesse . William the Conquerour gave this territory to Stephen the son of Ode of Champaigue Lord of Aumerle , in Normandy ; whose issue did continue Lords hereof , whiles any issue of that house continued . But that line being extinct in Aveline , first wife of Edmund Earle of Lancaster , the Earldome of Aubermarle , and the honour of Holdernesse were seised into the Kings hands , for default of heires . It hath lien dormant since , till these later days ; in which K James bestowed this title , on 1620 x Iohn Ramsey , Visc . Hadington in Scotland , cr . E. of Holdernesse and Bar. of Kingston upon Thames , 18 Jac. Dec. 30. Mort sans issue . HOLLAND . HOlland is one of the 3 parts of Lincolnsh . situate on the South-West corner of it , in the fennes and marishes . The ground surrounded much with waters , heretofore yeelded very small store of graine , but great plenty of grasse , and plentifully furnished both with fish and fowle . But now upon the dreyning of this fenny Country , they begin to plough it , and sowe the same so ploughed with rape-seed , which yeelds a very great increase , and is become a rich commodity . The Town of most antiquity is Crowland , heretofore famous for the Abby , valued at the supression at 1217 l. 5● . 11 d. per Annum . That of most trade and note is Boston ; a fine Town indeed , and very famous for the lanterne , which is a very excellent sea-mark , and a land-mark too . And this with all , is to be noted of this Country , that howsoever one can hardly find a stone in it ( such is the softnesse of the soyle ) yet you shall no where finde more beautyfull Churches , all built of square and polished stone . It now giveth title of an E. to 1624 1 Hen. Rich. L. K●sington , cr . E. of Holland , 22 Jac. Apr. 3 , now living and Chan. of Cam. 1641. HVNTINGDON . HUntingdon-shire was heretofore inhabited by the Iceni . A Country generally good for corne and tillage ; and towards the East , where it adjoyneth on the fennes , as rich in pasturage : elsewhere it is as pleasant , though not so profitable , by reason of the rising hils , and fine shady groves . It hath been heretofore well beset with Woods , and was indeed a Forest till the time of King Henry the second , in the beginning of whose reigne , disforested . In this regard , the Forest yeelding speciall opportunity , and delight for Hunters , the chiefe Town of it had the name of Hunter downe , we now call it Huntingodn , with very little variation . The Towne commodiously seated upon the northern bank of the River Quse , rising unto the North on the ascent of an hill : adorned with foure Parish Churches , and had a little Abbey once , founded by Maud the Emper. and Eustace Loveloft : the ruines of the which , and of a farre more ancient Castle , built by King Edward the older , Anno 917 ; are yet to be seene . This County conteineth in it five other market Townes , besides the shire-Towne , and 79 Parishes in the whole : and did become an Earldome presently on the Norman Conquest , as it hath ever since continued in these Earles of Huntingdon . 1068 1 Waltheof .   ✚ ✚ ✚ ✚ 1075 2 Simon de Senlys , married Maud the daughter of Waltheof .   ✚ ✚ ✚ ✚   3 David Pr. of Scotland , 2 husband of Maud. 1138 4 Henry sonne of David King of Scors .     ✚ ✚ ✚   5 Simon de S. Lyz.     ✚ ✚ 1152 6 Malcolm King of Scots , sonne of Hen.   7 Wil. after K. of Scots . 1174 8 Simon de S. Lys , E. 1190 9 David 3 son of Henry . 1219 10 Iohn le Scot son of David .     ✚ ✚ ✚ 1337 11 Wil. de Clinton .     ✚ ✚ ✚ 1377 12 Guiscard d'Angolesme . *     ✚ ✚ ✚ 1388 13 Iohn Holland , L. high Chamb. 1400. 1416 14 Iohn Holland , D. of Exct. * 1447 15 Hen. Hol. D. of Exon.     ✚ ✚ ✚ 1474 16 Tho. Grey , Marq. Dorset .     ✚ ✚ ✚ 1479 17 Wil. Herb.   ✚ ✚ ✚ ✚ 1529 18 George Lord Hastings , created Earle of Huntingdon by King H. the 8. * 1544 19 Fr. Hastings . * 1560 20 Hen. Hastings . 1595 21 Geo. Hastings .   22 Henry Hastings , now Earle , 1639. KENDALL . KEndall , is the name of a Town in Westmorland , called also Candale , and Kirk by Candals , as being seated in a dale neere the river Can. The Town built in the manner of a Crosse , two long and broad streets crossing one another ; a Town of great resort & trade , especially for woollen cloaths , which they make there in great abundance , and thence vent through all parts of England . This Town hath been an ancient Barony , descending from the Talboyses , to the Breoses or Bruces ; by them unto the Rosses of Wark , some of whose line attained the title of L. Rosse of Kendal , so to distinguish them from the Lord Roos of Hamlake ; and so at last unto the Parres , to one of which it gave the title of Baron of Kendall , as it hath done before of E. to others , of more note and eminency ; which are these that follow ,   1 Iohn D. of Bedford , 3 son unto K. H. 4 , Regent of France , and E. of Kendall . *   ✚ ✚ ✚ ✚   2 Iohn D. of Somerset , E. of Kend. *     ✚ ✚ ✚ 1446 3 Iohn de Foir , cr . E. of Kend. by K. H. 6 , since which , those of that Family do write themselves Earles of Longueville and Kendall .     ✚ ✚ ✚ 1539 4 William Parre ▪ Knight , created Lord Parre of Kendall , 30 Henry the 8. March 9 ( created after Earle of Ex. by King Henry the 8. and Marquesle of Northampton ▪ by King Edward the 6 the rights and interests of which house are now devolved unto the Herberts , Earles of Pembroke , descending from the Lady Anne , sister and heire of the said Lord Parre . KENT . KEnt , in Latine Contium ; so called as being seated in the Canton or corner of the kingdome , is a very rich and pleasant Countrey , lying between the Thames and the narrow Seas . A Countrey very good for corne , and fit for pasturage , according to the severall plots and parts thereof ; and wondrous full of fruitfull and well-ordered Orchards , from whence the City of London is supplied with most sort of fruit . The Villages and Towns stand exceeding thick , being in all 398 Parishes ; besides lesser Hamlets , which make up the two Diocesses of Canterbury and Rochester . It hath also divers safe Roades , and sure Harbours for ships ; and those exceeding well defended with Forts and Castles . Caesar , when he arrived in Kent , found here 4 kings , ( for so they cal'd the Chiefes of the principall Families ) and gives this testimony of the people , that they were the most courteous , and civill of all the Britan● . In the declining of whose Empire , Vortiger gave this Countrey unto the Saxons , who being Heathens , when the rest of the Isle were Christians , gave an occasion to the Proverb of Kent and Christendome . At that time it was made a Kingdome ; as in the entrance of the Normans it was made an Earldom , and so it hath continued in the persons of these Earles of Kent . 1067 1 Odo B of Baieux , halfe brother to the Conq. L. Ch. Iust . & L. Tr.     ✚ ✚ ✚ 1141 2 Wil. of Ypres .     ✚ ✚ ✚ 1227 3 Hub. de Burgh , L. Ch Iust .     ✚ ✚ ✚ 1321 4 Edm. of Wood stock , son to K. E. 1. 1330 5 Edm. Plantag . 1333 6 Iohn Plantag .     ✚ ✚ ✚   7 Tho Hol. married the La. Ioane , of Kent , daugh . of Edm. of Wood. * 1360 8 Tho. Holland . * 1397 9 Tho. Hol. D. of Surrey . * 1400 10 Edm. Hol. L. Adm.     ✚ ✚ ✚ 1461 11 Wil. Nevill L. Falconbridge .     ✚ ✚ ✚ 1464 12 Edm. Grey , L Ruthyn . L. Tr. cr . E. of Kent by K. Edw. 4.   13 Geo. Grey . 1506 14 Rich. Grey died 1523. 1571 15 Reginald Grey . 1572 16 Henry . Grey . 1613 17 Charles Grey .   18 Hen. Grey . 1639 19 Anthony Grey , Clerk , Parson of Burbage in the County of Leicester , grand-child of Anthony , 3 son of George Grey E. of Kent , novv living , anno 1641. KINGSTON . Kingston , is the name of a well known and eminent Tovvn in the East Riding of York-shire , which standing on the mouth of the river Hull , where it doth fall into the Humber , is better known amongst us by the name of Hull . A town indeed of no antiquity , being first built by Edward the 1 , who liking the situation of the place , compounded for it with the Abbot of Meaux , ( to whom it formerly belonged ) and there built the town , and caused it to be called Kingston . It rose up in a little time to great reputation ; so that for faire and sumptuous buildings , strong Slockhouses , well furnished ships , & wealth of trade , it is become the most remarkable town for merchandise in these parts of Eng. Michael de la Pole , the first E. of Suffolk of that Family , being son of Wil. de la Pole , a rich merchant here , obtained great priviledges for the place , which his successors as they grew in favour , did increase and multiply : and in the dayes of H. 6. Wil. E. Marq. and Dof Suffolk , procured it to bee made a County incorporate , as our Lawyers phrase it . Of late dayes of a County it became the Earldome , of 1628 1 Rob. Pierrepont , Visc . Newark , cr . E of Kingston upon Hull , 4. Car-July 25 , who is now living , Anno 1641. LANCASTER . LAncashire , or the County Palatine of Lancaster , was heretofore a part of the Brigants ; and lieth upon the Irish sea , to the North of Ch●shire . The ground accounted not so fertile as in other places , fitter for oates and such leane corne , than wheate or barley . And yet it is observed with all , that in those parts thereof , in which the husband-man is not wanting to it , in cost and labour , that there it yeldeth corne in a very good measure . The ayre thereof may seem to be very healthfull ; and one would easily conjecture so by the complexion of the people , which are faire and beautifull . And yet the Country is not much inhabited , as in the neighbouring shires about them : there being in so large a quantity of ground , as this shire containes , not above 36 ▪ Parishes , though indeed many Chappels of Ease , equall to Parishes elsewhere for multitudes of people . ●o takes name from the Town of Lancaster , or more truly Loncaster , seated upon the banks of the river Lonc , whence it had the name ; the Saxons adding Ceaster ( as in other places ) for the termination . The Town not very well peopled , nor much frequented ; and yet of that authority / and credit , that it gives name to all the County , and hath obteined this priviledge from K. Edw. the 3 , that the Sessions and Assises should be held in no other place . What Lords and Governours it had in the former times , we regard not here . The first time it became an Earldome , was when K H. 3 , conferred that title on his 2 son Edm. and it was destinate to greatnesse in the first foundation ; there being layed unto it at the very first , besides this County , the whole confiscated estates of the Earles of Leicester and Darby , and the Barony of Monmouth . And into this by marriages accrewed in time , the great estates of Wil. de Fortibus , E. of Aumerle and Lord of Holdernesse , Beausort , and other goodly lands in France ; the Earldome of Lincoln , and good part of that of Salisbury , the Lorships of Ogmore and Kidwelly in Wales , which were once the Chaworths . John of Ga●nt added hereunto the Castles and Honours of Hertford , and Thickbill , and his son Bulling broke a moyetie of the lands of Bohun . being E. of He●eford , Essex , and Northampton : so that it was the greatest patrimony ( as I verily thinke ) of any subject Prince in Christendome . Lancaster finally was made a County Palatine by K. Edward the 3 , and hath been honoured with these Dukes and Earles of Lancaster . 1267 1 Edm. Plantagenet , 2 son of K Hen. the 3 , E. of Lanc. 1295 2 Tho. Plantagenet . 1324 3 Hen. Planta . 1345 4 Hen. Planta . first D of L.     ✚ ✚ ✚ 1361 5 Iohn of Gaunt son of K Edw. the 3 married the La. Blanch daughter of H. D. of Lanch . 1399 6 Hen. of Bullingbroke , son of Iohn of Gaunt , after K. of Eng. by whom this County Palatine , and all the lands and honors belonging and incorporate into the Dutchy of Lancaster , were brought unto the Crown of Eng. though governed as an Estate apart , then by its proper Officers , as it continued til the time of K. Edw. the 4 , who did appropriate it to the Crown , and dissolved the former government thereof , to which it was restored again by K. 〈◊〉 ▪ 7 , and so still remaineth under the guidance of the Chancellor , and other Officers of the same . LEICESTER . LEicester-shire is a part of the Coritani , and tooke that name from Leicester the chiefe town thereof ; a town indifferent large , and of a reasonable handsom building , and as wel traded as most inland towns that want ( as this ) the benefit of a navigable river . It had once a very faire Collegiate Church within it , & a faire Abbey close unto it , and a strong Castle therewithall ; but all these the iniquity and injury of time hath ruined . Only the Hospitall , of all the antient edifices ; stands still undefaced . As for the Countrey hence denominated , it beares corne good plenty , but is bare of woods ; the want of which is well supplyed with it-coale , with which the North part of the Country doth store al the rest . It cō cineth in the whole 200 Parishes , and of them 12 are market Towns ; the biggest , as in bulke being Leicester , so in title too ; as that which hath beene honored even before the Conquest , with the stile and reputation of an Earldome ; and hath continued it till now in the names and families of these Earles of Leicester . 1057 1 Algartthe Saxon.   2 Edwyn died 1071.     ✚ ✚ ✚ 1103 3 Rob. de Bellomont . 1118 4 Rob. de Bellomont . 1167 5 Rob. de Beaumont L. Stew. 1190 6 Rob. de Beaum. L. high Stew.     ✚ ✚ ✚   7 Simon de Montf . married Amicia , sister and coheire to the last E. Ro. E. of Lei. and L. high Stew. 1239 8 Simon de Mont. L. high Stew.     ✚ ✚ ✚ 1267 9 Edm. E. of Lanc. L. high Stew. 1295 10 Tho. E. of Lanc. L. high Stew. 1324 11 Hen. D. of Lanc. L. high Stew. 1345 12 Hen. D. of Lanc. L. high Stew. *     ✚ ✚ ✚ 1360 13 Wil of Bavaria , E. of Heinalt married the La. Maud of Lanc.     ✚ ✚ ✚ 1361 14 Io. of Gaunt , D. of Lan. L. Stew. 1399 15 Hen. D. of Lanc. L. high Stew.     ✚ ✚ ✚ 1564 16 Rob. Dudley , L. Denbigh , L. S. and of the house to Q. E. died , 1588.     ✚ ✚ ✚ 1618 17 Rob Sidney , Vise . Lisle , descended of a sister of the last Rob. E. of Leicest . was by K. James cr . E. of Leic. Aug. 2.   18 Robert Sidney now Earle of Leices . Ambassadour extraordinary with the K of France , Anno 1641. LINCOLN . LIncoln-shire antiently belonged to the Coretani . A very large and spacious Countrey , extending almost 60 miles in length , and some 30 in breadth ; within which compasse are included 630 Parish Churches , and of them 30 market Towns. It is accounted very kindly ground for the yeeld of corn , and feeding of cartell , and furnished in the lower part thereof with good store of fowle , which from hence are convcied to London in great abundance . It takes name from the principall City , by Ptolomy and Antonine , called Lindum ; and after by the Saxons Lind●colline , either because it stands on so high an hill ( from the Latine Collis ) or that it had been formerly some Roman Colony . A Town of great renown and strength in the times of the Britans , and in the Normans time ( as saith William of Malmesbury ) it was one of the best peopled Cities of England ; a place of merchandise and traffick for al c●mmers , both by sea and land ; insomuch that Remigius then Bishop of Dorcester , thought fitting to translate hither his Episcopall see . From this opinion it then had , first began the Proverb , that Lincoln was , London is , &c. The Bishops of Lincoln what and how they were , we have seen already . We will now look a while on the Earles of Lincoln . 1140 1 Wil de Romara , E of Lincoln .     ✚ ✚ ✚   2 Gilb. de Gaunt . 1216 3 Gilb. de Gaunt .     ✚ ✚ ✚ 1218 4 Randal de Meschines , E. of Che ▪ whose grand-father , halfe brother unto Wil. de Romara , by the mothers fide .     ✚ ✚ ✚ 1232 5 Iohn Lacy descended by his mother from E. Randall . 1251 6 Henry de Lacy , whose daughter Alice was married unto Tho. E. of Lancaster , and settled all her lands upon that Family .     ✚ ✚ ✚ 1354 7 Hen. D. of Lanc. * 1361 8 Iohn of Gaunt D. of Lanc. * 1399 9 Hen. of Bullingbroke D. of Lane. after K. of Eng.     ✚ ✚ ✚ 1467 10 Iohn de la Pole , son and heire of Iohn D. of Suffolke .     ✚ ✚ ✚ 1525 11 Henry Brandon son and heire of Charles D. of Suffolk .     ✚ ✚ ✚ 1572 12 Edward Fenys , Lord Clinton , Lord Admirall , created Earle of Lincolne , by Queen Elizabeth . 1585 13 Hen. Fenys . 1616 14 Tho. Fenys . 1618 15 Theophilus Fenys . now Earle of Lincoln , 1641. LINDSEY . LIndsey is one of the 3 parts of Lincolnshire , ( the other 2 being Holland , which we spake of lately , and Kesteven , not yet become an honourary title , as the others are . It conteineth all the Northerne parts thereof , from the river Witham unto Humben , and from the Ocean to the Trent . Happy above the rest , not in bignesse only ; but that in this part stands the City of Lincoln , the chiefe denominator of the County , which being the antienly called Lindum ( as before I said ) gave to this part the name of Lindsey , for by that name of Lindsey , it is now the Earldome of 1626 1 Robert Bertu , Lord Willoughby of Eresby , and Lord great Chamberlaine of England , created E. of Lindsey , 2 Car. Novemb. 29 , now living , 1641 , MANCHESTER . MAnchester is a good Town of Lancashire , situate on the hithermost part thereof , where it joyneth to the County of Darby . A Town of very great antiquity , known to the Emperour Antonine , by the name of Mancunium ; part of which name it still retaines . And still it carrieth a good accompt , and far excels the Townslying round about it , both for the beautifull shew it carrieth , and the resort unto it of the neighboring people , and which allures them thither , the great trade of Cloathing , Manchester Cartans being famous in all drapers shops . It is remarkable also in those parts for the large Market place , for a faire Church , and for the Colledge : which last being founded first be the Lord De la Ware , was afterwards refounded or confirmed by Qu. Eliz. consisting of a Warden and certaine fellows , which notwithstanding , it is yet more famous , in being made the honorary title of 1625 1 Henry Montague , Visc . Mandevi cr . E. of Manch . 1 Car. Feb. 7 , being then L. President of the Councel , now L. Privy Seale , Anno. 1641. MARCH . MArch is a name of different nature , from the rest before , as being neither Towne nor County . Vnder that name of March or of Marches rather , our Ancestors did comprehend those batable grounds between Wales and Eng. for governance whereof , and the repressing of the insolencies of either side , there were certaine Lords and Potent men , whose lands lay nearest to these parts , which were called Lords Mar●●ers , who had great power and jurisdiction in their severall quarters . Amongst these were the Mortimers of Wigmore , men of great authority , who after were advanced above the rest , and made Earles of March. And it continued in that Family , untill it fell by marriage to the house of York ; and so by Edw the 4 , to the Crown of Eng. Nor was it long before the authority of the Lords Marchers was extinguished quite , by the uniting of Wales to En. & either making new shires of the said March ground ; ( such 〈◊〉 are Monmouth , Brecknoch , Radnor , Denhigh and Montgomery ) or laying it unto the old , for which consult the Act of Parliament 27. H. 8. cap. 26. However the title of E. of March is revived again 3 only translated from the house of Mortimer , to that of Stewart ; out of which houses have been successively , these . Earles of March. 1327 1 Rog. L. Mortimer of Wigmore . * 1354 2 Roger Morti. 1359 3 Edm. Morti. 1381 4 Rog. Morti. 1399 5 Edm. Morti.     ✚ ✚ ✚   6 Edw. Plantagenet , son of Rich. D. of York , and after K. of Eng. of that name the 4.   7 Edw. eldest son of K. Edvv. 4. *     ✚ ✚ ✚ 1619 8 Esme Steward L. Aubigny ; created E. of March 17 Jac. Jun. 7. after D. of Lennox . * 1624 9 Iames D. of Lennox and Earle of March , Anno 1641. * MARLEBVRGH . MArleburgh is a Town in the North east part of Wilt-shire , seated not , far off from the head of the river Kenet : which runneth thence to Hungerford , and Newbury , and so by Reading into the Thames . The Towne called antiently Cunetio in Antonine's Itinerarium , as the river was : but by the Normans , in whose time this Town revived ( out of the ruines of the old ) it was called Marleburgh , as being seated in a chaulky foyle , which in some places still we call by the name of Marle . A Town stretched out from East to West , upon the pendant of an hill , and had a Castle once belonging unto John , sirnamed Sans tarre , who afterwards was K. of England , which is still , famous in our Law books , for a Parliament there held , 52. H. 3 , in which were made the statutes ( from hence called ) of Marleburgh , right necessary for the peace and tranquility of the people , as is affirmed in the preamble unto the same . Our Soveraigne at his Coronation made it yet more notable , in making it the honour , as it was the neighbour of 1625 1 Iames L. Ley , L. Tr. cr . E. of Marleburgh , 1 Car. Feb 7. 1628 2 Henry Ley.   3 Iames Ley , now E. of Marleburgh , Anno 1641. MARSHALL . THe title of E. Marshall is different from the rest of England , all of the which ( the title of Earle Rivers excepted only ) are locall , or denominated from some place ; this only personall : the residue being only honorary , this honorary and officiary , both together . Antiently they that had this office were only Marshals of the Kings house , according as the same is now discharged by the Knights Marshall . But in succeeding times it grew to be a place of great power , and honour ; as it still continueth . At first they had the title of L. Marshall only . Rich. the 2 was the first , who by letters Parents advanced them to the dignity of Earles Marshals , and with all gave them power to beare a staffe of gold , enammeled black at both ends , with the Kings Armes on the upper end , and their own Armes on the lower ; whereas before that time , the Marshals ; had no other than a wooden staffe , as other the Great Officers have at Court. Before this time , they were L. Marshals only , as before I said . For howsoever the title of E. Marshall and Comes Marescallus , doth many times occurre in our antient histories . Yet I conceive that it was only giventhem then by the courtesie or curiality of England , because the Office in those dayes was vested in the person of none but Earles ; as by the like mistake or courtefie , we find the title of Comes Seneschallus , and Comes Constabularius ▪ 〈◊〉 some old Records . The manour of Hamsted Marshall in the County of Berkshire , was held of old by Grand Sergianty of the Kings of England ; conditioned that the Grantees should for ever be the K. Marshals , according as the Offices of Steward , Constable , and Lord High Chamberlaine , in those times were granted . What the authority and jurisdiction is of this great Officer , we regard not here , it being our undertaking only to lay down the names of those ( as many at lest as I have met with in my reading ) which in their severall times have borne the title of Lords and Earles Marshall . 1135 1 Gilbert de Clare , L. Marshal , created E of Pembrok by K. Stephen . Anno 1139. 1149 2 Richard de Clare , si●●●med Strongbovv , E. of Pemb. and L. Marsh . died Anno 1176. 1176 3 Iohn , sirnamed Marshall , from this Office , which was conferred on him by K. H. 2. upon the death of Rich. E. of Pemb.   4 William Marshall , L. Marshall , the grand-child of the former Iohn , who having married Isabel daug . and heire of Ric. Strongbow , was cr . E. of Pemb. by K. Jo. An. 1201 1219 5 William Marshall , the younger , E. of Pemb. 1231 6 Rich. Marsh . E. of Pemb. 1234 7 Gilb Marsh . E. of Pemb. 1242 8 Wal Marsh . E. of Pemb. 1245 9 Anselm . Marsh . E. of Pemb. 1245 10 Roger Bigot , E. of Norfolk , L. Marshall , in right of Maud his mother , one of the sisters and heires of the 5 last Marshals . 1269 11 Roger Bigot Earle of Norfolke , whose estate being confiscated to the Crown , came after his decease to the K. hands . 1307 12 Robert de Clyfford , made Lord Marshall by K. Edw. 2 , durante beneplaci●o .   13 Nicolas de Seagrave . 0315 14 Thomas de Brotherton Earle of Norfolk , was in the 9. of Edw. 2. made L. Marsh . 1388 15 Margaret , daughter and heire of Thom. de Brotherton , is often honored with the title of La. Marsh . and was afterwards cr . Dutch. of Norf.   16 Wil. de Montacute .   17 Tho. Beauchamp .   18 Edmund Mortimer , did severally and successively discharge the Office of L. Marsh . but whether as Deputies for the La. Marga. nondum planè constat . 1377 19 Henry Lord Percy , L. Marsh . at the coronation of K. Rich. 2. Earles Marshall . 1383 20 Tho. L. Mowbray , E. of Notingh . nephew unto the Lady Marg. by her daughter Eliz. was made the first E. Marsh . by K. Rich. 2 , and was after D. of Norfolk . 1398 21 Tho Holland , E. of Kent and D. of Surrey , was made E. Marsh , upon the banishment of the D. of Norfolk . 1399 22 Tho. L. M● wb . E. of Noting . did on his fathers death ( at Venice ) assume the title of E. Marsh . but the office was exercised by   23 Ralp . Nevill E. of Westmerland , made L. M of En. by K. H. 4. for terme of life , in the beginning of his reigne . 1412 24 Iohn L. Mowb. brother of Tho. E. M. was by K. H. 5. restored unto the title of E. of Notingham , and E. M. and by K. H. 6. to that of Norfolk . 1432 25 Iohn L. Mowb. D. of Norf. E. Mar.   26 Iohn L. Mo. D. of Nor. & E. M.     ✚ ✚ ✚ 1476 27 Ric. D. of York , 2 son of K. Edw. 4 , was by his Father cr . D. of N. and E. Marsh . and after married Anne daughter and heire of the last Mow. D of Norfolk . 1483 28 Iohn L. How. descended from the L. Tho. Mow first D. of Norf. cr . D. of Norf. and E. Marsh . by K. Rich 3. 1486 29 Wil. L Berkley , E of Notingham descended from another daughter of the said first D. of Norfolk c● E. Marsh by K. H. 7. and Marq. Barkeley . 1497 30 Hen. D. of York , the 2 son of K. Hen 7. cr E. M. by his Father , & was after K. of Eng. 1509 31 Tho. How. Earle of Surrey , son of Ioh. L. How. D. of Norfolk , was by K H. 8. cr . first E. M and afterwards restored to the Duk. of Norfolk . 1546 32 Tho. How. D. of Norfolk , and E. Marsh . attainted An. 1546. 1547 33 Edw. Seymour , D. of Somerset , and L. Protector of K Edw. the 6 , was in the said Kings time cr . E. Marshall . 1553 34 Tho. D. of Norfolk and E. Marsh . restored unto his bloud and honours , by Q. Mary . 1554 35 Thomas Howard D. of Nor. and E. Marsh . beheaded , 1571. 1572 36 Geo Talbot , E of Shrewsbury & E. M. died anno 1590. 1597 37 Rob. d'Evrcux E. of Essex , and E. Mar. died anno 1601.     ✚ ✚ ✚ 1603 37 Edw. Somerset , E. of Worcester executed the office of Earl Marshall at the Coronation of K James , after which time the Office was a long time executed by Commission . 1621 38 Thomas Howard , Earle of Arundell and Surrey , ( grand son of Thomas , Duke of Norfolk , by his son Philip Earle of Arundell ) was by King James created Earle Marshall , as hee still continueth , Anno 1641. MIDDLESEX . MIddlesex is a part of the Trinobantes , lying upon the banks of the river Thames . A County not so large as others , but far more remarkable , for sumptuous houses , wel-built villages , a fertile soyle , and temperate aire ; and which addeth most unto it , for the great Cities of London and Westminster , which are seated in it , and for the constant residence of the Court , the Receptacle and aboade of the Kings of Eng. who have made this County happy above others with their Royall mansions . Whitehall , and Hampton Court , Somerset house and S. James , still in the possession of the Crown ; Enfeild , and Hanworth , aliened now , have either been the chiefe aboades , or retiring places of our Kings and Princes . In which regard , the Kings of E●g . antiently ( as Camdex notes it ) vouchsafed the title of Middlesex unto none , neither D. Marq. E. nor B. although , I know not by what popular error , the Citizens of London reckoned the L. Major elect , for E. of Middlesex . Which whatsoever ground it had , hath none now to stand on , that title being not long since bestowed on 1622 1 Lionel L. Cranfeild . L. Tr. of Eng. cr . E. of Middlesex , 20. Jac. Sep. 17. & now alive , Anno 1641. MONMOVTH . Monmouth-shire is the neerest shire of Wales , though it desires rather to be accounted a part of England , and is indeed included in the circuit of the English Iudges . It lieth upon the North of the river Sevorn , there where it groweth into a Sea , the East parts full of grasse and woods , the West somewhat hilly , and stony withall ; yet not unprofitable to the husbandman , if he be not wanting to himselfe . It takes name from the chiefe Town Monmouth , and that from being seated on the mouth of the River M 〈…〉 , there where it shoores into the Wye . It was the Barony once of Iohn L. of Monmouth , on whose attaindure it was setled in the house of Lancasier ; from whom it after did receive great priviledges and immunities , which they still enjoy . Henry the f●r , son unto King Henry the fourth ( the first of the Lancastrian Family ) was in this place borne , ( which stiewes that noble Family so highly prized it , to make it their dwelling ) and was from hence called Henry of Monmouth . That one particular enough , to renown the place , and therefore we shall adde no more . It is belonging still to the home of Lancaster , as to the possession , being dependent on the Dutchy ; and not much aliened from it as unto the title : the Caries , which derive themselves from Lancaster , by the line of Somerset , being now honoured with the title of Earles of Monmouth . 1625 1 Robert Lord Cary of Leppington , created E. of Monmouth , a Car. Feb. 7. 1639 2 Robert Cary now Earle of Monmouth , now living , Anno 1641 , MONTACVTE . MOntacute is the name of a very antient & illustrious Family , so called from Montacute , a sharp hill in the South parts of Somerset-shire , between Evill and Martok . The place called Biscopeston by the Saxons , but by the E. of Moriton brother by the mothers side to William the Conquerour ( who built a Castle on the top of it ) it was called Montacute ▪ It afterwards gave name to that noble Family ( as before I said ) who being Lords hereof came after to be Earles of Salisbury , and since in other Families ( but descending from them ) hath been the honorary stile and appellation of these Marq. Lords & Visc . Montacute . 1461 1 Iohn Nevill , grandchild of Thom , Montacute , E. of Salis cr . L. Mon. 1 Edw. 44. and after Marq. Monta. Anno 1470. *   ✚ ✚ ✚ ✚ 1504 2 Hen. Pole , great granchild . of Rich , Nevill , the elder brother of the said Iohn L. Mont.     ✚ ✚ ✚ 1553 3 Antho. Brown descen . from the La. Lucy , daugh . of Ioh. Mar. Mont. cr . Visc . Mont. 1 Mar. Sept. 2. 1592 4 Anth. Brown Visc . Monta.   5 Anth. Brow. now living , An. 1641. MONTGOMERY . MOntgomery-shire is one of the new shires of Wales , taken out of the March-grounds by K. H. S. Anno 27 ; of his reigne , so called from the Town and Castle of Montgomery , & that from Roger. de Montgomery a noble Norman , Earle of Shrewsbury , who winning much land herabouts from the Welch , first built it to secure his Conqu . It standeth not far from the banks of the river Severne , upon the rising of a rock ; from whence it hath overyfree prospect into a pleasant plaine that lyeth beneath it . The Family of the Herberts is very much diffused , and of great authority in this Country , out of which Family 1605 Philip Herbert 2 son of Hen. Earle of Pembrok , was cr . E. of Montgomery 3 Jac. May. 4 , and is now also E. of Pembrok and L. Cham. An. 1641. MOVLGRAVE . MOulgrave is an antient Castle in the north riding of York-shire , situate neare unto the sea , and not far from Whitbay . First built it was by Peter de Manley , ( or de malo lacu , in the Latine ) in the time of Rich. 1 , and being in his eye , a very beautifull pile , was by him called Moult-Grace , but being a greivous yoke to the neighbour inhabitants , was by them called Moult-grave , by which name , and no other , now the world takes notice of it . It continued in his line for seven generations , and all of them called Peters too : and then the issue male failing , it passed through severall Families by the heires generall , and now belongeth to the Sheffeilds ; out of which house : 1625 1 Edm. L. Sheffeild L. President of the North , was cr . E. of Moulgrave , 1 Car. Feb. 7 , and is still alive , Anno 1641. NEWCASTLE . NEw-Castle is the hithermost town of all Northumberland , and the chiefe of the North , seated upon the further banke of the river Tine , which is there so deep , and well fenced withall , that it giveth a very safe station to the tallest ships . It standeth on the declining of a very steep hill , adorned with 4 Churches , fortified with strong wals , & beautified with goodly buildings . A town of very great resort , ) especially by reason of the trade of Sea cole , which is conveyed hence to all parts of the Kingdome , and many other parts of Christendome . It rose out of the ruines of old Gabrosenlum : and had this new name from a Castle built by Robert son of Wil. the Conq. And thriving by the benefit and entercourse of trade , became at length of such reputation , that by K. H. 6. it was made a County incorporate , as we use to say ; and finally thought worthy to give the honour of an E to 1623 1 Ludowick D. of Lennox and E. of Richmond , cr . E. of Newcastle , 2 Joc. in May.     ✚ ✚ ✚ 1627 2 Wil. Cavendish , Visc . Mansfield , cr . E. of Newcastle , 3 Car Mar. 7. Now Gover. and Gent. of the Bedchamber of the Prince his high . A. 1641. NEWPORT . NEwport is the chiefe Town of the Isle of Wight , called in times past Medena , afterwards No●us burgus de Meden , and by us now , Newport . A Town well seated and much frequented , and withall populous in it selfe ; which most ariseth from the benefit of a little haven capable of vessels of the smaller burden , which come up to the very key . For government within , it hath a Major and Burgesses , being made a Corporation by K. James , and for a further lustre to it , in the world abroad , it pleased our Soveraigne L. K. Charles , to create 1628 Montjoy Blount , Lord Montjoy , E. of Newport , 3 Car. Aug. 3 , who is now Master of the Ordnance , and of the Counsell for warre , Anno 1641. NORFOLK . NOrfolk is the greatest County of Eng. next to Yorksh . but far more populous than that ; as comprehending in the whole 660 Parish Churches , of which 27 are market towns . It antiently was a part of the Iceni , and next the Northern part of the Kingdome of the East-Angles , from whence it had the name of Northfolk , as hath the Southern people of it , the name of Southfolk . The soyle according to the variety of places is of different nature ; in some fat , rank , and full of moysture ; in others very light and sandy : yet so that one contributing unto the other , and the sea giving help to both , it is a very plentifull country for corne , sheep and fish . The people norably industrious both for plough and manufactures ; in somuch that one shall hardly see a begger throughout all the Countrey : And yet ( which makes the merveile much the greater ) they are notable wranglers , well versed and studied in the quirks of Law , and consequently create more work for the Assises , than almost all the circuit else . But then it is observed withall , that this disposition hath brought some reputation with it , as furnishing the Courts of Iustice with many an eminent man in the laws of Eng : and yeelding generally the best breed of Lawyers . It is observed , by a great antiquary of this Kingd . that in this County are 100 Families of antient Gentry , which never were attainted of high treason , which if it be true , the Gentry of Norfolk have had better fortune than the Dukes and Earles . 1070 1 Ralph . de Ware , E. of Norf.     ✚ ✚ ✚ 1137 2 Hugh Bigot . 1177 3 Rog. Bigot .   4 Hugh Bigot . 1125 5 Rog. Bigot . 1270 6 Rog. Bigot .     ✚ ✚ ✚ 1312 7 Tho. de Brotherton , first son of K. Edw. 1 , E. of Norf. 1398 8 Marga. daugh . of Tho. of Brotherton , Duch. of Norf.     ✚ ✚ ✚ 1398 9 Tho. L. Mowbray son of the Lad. Marg. D. of Norf. * 1427 10 Iohn Mowb. * 1434 11 Iohn Mowbray . * 1461 12 Iohn Mowbray . *     ✚ ✚ ✚ 1475 13 Rich. D. of York , & Norf. *     ✚ ✚ ✚ 1483 14 Iohn L. How. descended from the Lad. Margaret daugh of Tho. 1. D. of Norf. died 1486. * 1512 15 Tho. How. L. Tr. and Adm. * 1524 16 Tho. How. L. Tr. * 1554 17 Tho. How. last D. of Norf. died 1572. NORTHAMPTON . THe County of Northampton , is situate almost in the very middle and heart of Eng. A Champion Countrey for the most part , exceeding populous , and so replenished with Townes and Churches , ( being in all 326 , whereof 10 are markets ) that in some places there are 20 or 30 steeples to be seen at once . The soyle exceeding fertile both for tillage and pasture , maintaining numerous flocks of sheep , and herds of cartell ; but somewhat destitute of woods . It takes name from Northampton , the chiefe towne thereof , seated upon the river Nen ; which antiently called A●fona , but corruptly Antona , bestowed this name upon the town , being indeed built on the Northern bank . A town which for the beauty and circuit of it , may be well ranked with many Cities of the Kingdome : and heretofore so safe and sure by reason of the strong wals , ( from whence there is a goodly prospect into all the County ) & a strong Castle , no● demolished ; that once the students of Cambridge had a purpose to remove their Vniversity unto it . This strength however made it obnoxious to some disadvantage , as being a place much aimed at in our Civill wars , and many a battaile fought about it , Yet never were the times so turbulent , or the place so dangerous , but that there were some persons of superior ranke , who did afsect the name , and enjoy the title of Earles and Marq. of Northampton .   1 Walt. E. of Huntingdon .     ✚ ✚ ✚   2 Simon de Senlis married Maud daugh . of Waltheof . 1153 3 Simon de Senlis .   4 Sim de Senlis .     ✚ ✚ ✚ 1337 5 Wil. de Bohun . * 1360 6 Humf. de Boh. who being after E. of Hereford , added this title to that house , from whom it came unto the Staff. D. of Buck. *     ✚ ✚ ✚ 1547 7 Wil. L. Parre , Marq. *     ✚ ✚ ✚ 1693 8 Hen. How. brother of Tho. last D. of Norf. L. Pr. Scale . *     ✚ ✚ ✚ 1618 9 Wil. L. Compton , cr . E. of Northa . 16 Jac. Aug. 2. L. Pres . of Wa. * 1630 10 Spencer Compton , now E. 1641. Northumberland is a more contracted namenow , than in former times . Heretofore it included all the Countries on the North of Humber , possessed of old by the Brigantes , and the Ottadini , now only the extreame and most northerne part , betwixt the rivers of Tine and Twede , all which the Ottadini once inhabited . The aire exceeding sharp and piercing , as being often visited with boystrous winds , hard frosts , and tedious snows ; to remedy which it yeelds abundance of sea-coale for fuell , and at very cheap rates . The soyle in generall neither fertile for corn or pasturage , as being for the most part exceeding rough and very hard to be manured , only in some parts towards the sea , by the late industry of the ploughman , and benefit of sea-weed , wherewith they do improve their ground , it is become indifferent fruitfull . The Countrey meanly populous , and but ill inhabited ; partly by reason of the barrenness : of the Country , as before is said , and partly for the bad neighbourhood of the Scots , as commonly it is in March-lands ▪ or frontier countreyes . In this regard , it had almost as many Castles for defence of themselves , as is Parish Churches for the service of God , there being 26 of the one , and but 46 of the other ; but then withall the Parishes were and are exceeding large , and have many Chappels of case perteining to thē , which inconvenience of the soyle & seas may possibly have beene the reason why the possession of it held not long in any Family ( although the title and possession of it had been given to many ) untill the Percyes : who not without some interruption too , have continued long . By reason of which intermixture of severall Families ; it hath given to those Families the severall titles of Duke , and Earles of Northumberland . 1065 1 Morcar . E. of Northumb.     ✚ ✚ ✚ 1071 2 Gospatrick .   ✚ ✚ ✚ ✚ 1072 3 Waltheof . E. of Huntingd.     ✚ ✚ ✚ 1076 4 Walcher Bish of Durham .     ✚ ✚ ✚ 1086 5 Rob. de Mowb. devested 1095.     ✚ ✚ ✚   6 Hen Pr. of Scotl.   7 William K of Scots .     ✚ ✚ ✚   8 Hugh Pudsey B. of Durham .     ✚ ✚ ✚ 1377 9 Hen. Per. L. Const . 1414 10 Hen , Percy . 1455 11 Hen. Percy . 1461 12 Hen. Percy .     ✚ ✚ ✚ 1465 13 Iohn Nevill , L. Monta. cr . E. of Northumb. by K. Edw. 4 , who after 6 yeares resigned it to the said Hen. Percy . *     ✚ ✚ ✚ 1489 14 Hen. Percy .   15 Hen. Percy died 1537.     ✚ ✚ ✚ 1551 16 Iohn Dudley E. of Warwick , and L. Adm. D. of Northumb. *     ✚ ✚ ✚ 1557 17 Tho. Percy , E. of Northumb. * 1574 18 Hen. Percy . 1585 19 Hen. Percy . * 1633 20 Algernon Percy , now E. of Nort. and L. Adm. 1641. * NORWICH . NOrwich is the chiefe City of Norfolk , and took that name as did the County , from the Northern situation of it . It standeth upon the river of Yare , which runs thence to Yarmouth , lying out in length a mile and an half ; not above halfe so much in breadth , and in that space conteineth about 30 Parishes ; well walled about with many a turret , and 12 gates for entrance . A City which for faire buildings , and resort of people , the painefull industry of the common sort , the great humanity of the richer , and the firme loyalty of all , in seditious times , may justly be accounted the 3 of England . Amongst the buildings those of speciall note ( next unto their Churches ) are the 2 Palaces of the D. of Norfolk , and earles of Surrey . And for the wealth and opulence , which it now enjoyeth , it standeth much indebted to the Netherlanders , who flying from the D. of Alva , and the Inquisition , brought with them the making of baies and sayes and other manufactures ; whereby the poore are set on work , and the rich grow pursie . A place that hath been honored long with a see Episcopall , but never made a title of Civill honour , till 1626 Edw. L. Denny of Walthan was cr . E. of Norwich , 2 Car. Aug. 24. Mort sans issue masle . NOTTINGHAM . Nottinghamsh , antiently was a part of the Coritani , well watred with the river of Trent , and many other pleasant streames . The people generally divide it into the sand , and the clay ; that being the E. part , taking up the forrest of Sherwood , famous for Rob. Ho●d , and his companions , this being the South , and Eastern part , more fruitfull , and more fit for corne ; and throughout well furnished both with wood and coale . It conteineth in it 168 ▪ Parishes , of which the chiefe , and that from whence the shire takes name is Nottingham . A Town well seated on the Trent , though very high upon an hill which overlookes it : for buildings , and faire streets , and a spatious market place , not giving way to many Cities . But that which gave the greatest ornament unto it , was indeed the Castle , a Royall and magnificent building , which for strength , statelinesse , and command of prospect , may justly challenge the precedency of the best in Eng. Of Martimets hole there , who was hence haled to his executiō , and of the long imprisonment which David K. of Scots here suffred , the people areas good as a common Chronicle , and intermixe too , not a few Fables with the truth of story . But that which we have good record for , without fraud or fiction , is that it hath afforded in successive Ages , these Lords and Earles of Nottingham .   1 Wil. Peverell , L. of the honour of Nottingham .   2 Wil. Peverell , L.     ✚ ✚ ✚ 1141 3 Rob. de Ferrers , married Margar. daughter of Wil. Peverell .     ✚ ✚ ✚   4 Iohn , after K. of Eng.     ✚ ✚ ✚ 1377 5 Iohn L. Mowbray . 1382 6 Tho. Mow. E. Mar. after D. of Nor. 1400 7 Tho. Mow. E. M. and D. N. 1405 8 Iohn Mow. E. M. and D. N. * 1432 9 Iohn Mow. E. M. and D. N. * 1461 10 Iohn Mow. E. M. and D. N. *     ✚ ✚ ✚ 1475 11 Rich. D. of York , 2 son of K. Edw. 4 married the La. Anno , sole child of Iohn D of Norf.     ✚ ✚ ✚ 1483 12 Wil. L. Berkley descended from the L. Isab . daugh . of Tho. 1. D. of Nor. & E. of Nott. 1597 13 Charles L. How. of Essing & L. Adm. descended ▪ by the home of Not from the Mow.   14 Charles How. now E. of Nottin . Anno 1641. OXFORD . OXford-shire is a part of the Dobuni , situated North-ward of the Thames , which parteth it all along from Berk shire . A plentifull and fruitfull Countrey , wherein the plaines are garnished with cornefields and meadows , the hils well covered with woods and the downes with sheep , and wanting in no kind of pleasure , which either hawke or hound can afford a Gentleman . It conteines in it , being no great circuit , 270 Parish Churches , and 10 market townes , the chiefe of which in name and beauty , giving denomination to the County , is the famous City and Vniversity of Oxford . A faire and goodly City , both for site and building ; whether one look on the magnificence of the publique structures , or the compacted uniformity of private houses . And sure it may be said without immodesty and heard without dislike or envy , that for the statelinesse of the Schooles and publique Library ; the bravery and beauty of particular Colledges , all built of faire and polished stone ; the liberall endowments of those houses , and notable incouragements of industry and learning in the salary of the Professors in most Arts and Sciences ; it is not to be parallelled in the Christian world : and for the number of her studens , and the well ordering of those Students by good laws and ordinances , not to be equalled by any but her sister Cambridge . From whencè it had the name of Oxford , is adhuc sub judice : whether of Vad 〈…〉 Isidos , the ford of Ouse or Isis , on whose banks it stands , and so called Ousford ; or Vada boum , the ford of Oxen ( as the Greeks had their B●sphori in former times ) I determine not . Suffice it that this name is very antient , and that it antiently hath beene an Vniversity or seat of learning ; in which respect , it hath co-evity with that of Paris , if not priority above it , as being refounded by K. Alfred , Anno 806 , after it had been overborne a while by the Danish fury . Colledges it conteineth in all 18. Hals for students 6 , and about 13 Parish Churches . It is moreover a see Episcopall , and it hath withall received no small honour from the noble Family of the Veres , who now for 20 generations have been Earles of Oxford . 1067 1 Edgar Atheling :     ✚ ✚ ✚   2 Aubrey de Vere , L. high Chamb. 1146 3 Aubrey de Vere , L. high Ch. 1214 4 Rob. de Vere , L. high Ch. 1233 5 Hugh de Vere , L. high Ch. 1263 6 Rob. de Vere , L. high Ch. 1295 7 Rob de Vere , L. high Ch. 1331 8 Iohn de Vere , L. high Ch. 1358 9 Tho. de Vere , L. high Ch. 1310 10 Rob. de Vere , D. of Ireland . 1393 11 Aubrey de Vere . 1400 12 Rich de Vere . * 1415 13 Iohn de Vere . 1462 14 Iohn de Vere , L. high Ch. * 1512 15 Iohn de Vere , L. high Ch. 1526 16 Iohn de Vere . * 1539 17 Iohn de Vere , L. high Ch. 1562 18 Edw. de Vere , L. high Ch. 1604 19 Hen. de Vere , L. high Ch. 1624 20 Rob. de Vere . 1632 21 Aubrey de Vere , now Earle of Oxon , 1641. PEMBROKE . PEmbrok-shire was inhabited of old by the Dimetae , a Countrey quite surrounded by the Sea , save where it joyneth unto Cardigan and Carmarthen shires . A Countrey plentiful in corne and Cattell , not destitute of pit coale ; and which is far above the rest ( as Giraldus tels us ) considering that it is to neare to Ireland , of a temperate and wholesome Aire . It conteines in it 140 Parish Churches , and 5 Markets ; that which is most of note being Milford , renowned for its safe and capacious haven . But that from which it takes denomination , is the town of Pembrok , seated upon a forked arme of Milford haven , and in the best part of all the Countrey . A town consisting principally of one long street on a long narrow point of rock ; and hath within the wals thereof , two Churches . The Earles here of in former times were County Palatines , and passed al things that concerned that County under the seale of the Earldom . And it continued so untill the reigne of H. 8. when as Wales was reduced to England , and the authority of the great Lords there , dissolved by Parliament . Since which the Earles of Pembrok have been meerely titular , as of other places , and of each sort were these in their severall Ages , the Marq. and Earles of Pembrok . 1139 1 Gilb. de Calre . 1149 2 Ric. de Clare , sirnamed Strongbow .     ✚ ✚ ✚ 1199 3 Wil. Mar. married Isabel , daughter and heire of Rich. Strongbow . 1219 4 Wil. Marsh . and L. chiefe Iustice . 1231 5 Rich. Marsh . 1234 6 Gilb. Marsh . 1242 7 Walt. Marsh . 1245 8 Anselm Marsh .     ✚ ✚ ✚ 1247 9 William de Valence halfe brother to King Henry the 3 whose wife was daughter of a sister of Ans . Marshall . 1296 10 Aymer de Valence .   ✚ ✚ ✚ ✚ 1341 11 Lawrence Hastings , who married the Lady Isabell de Valence . * 1348 12 Iohn Hastings . * 1373 13 Iohn Hastings .     ✚ ✚ ✚ 1414 14 Humf. D. of Glocester .     ✚ ✚ ✚ 1447 15 Wil. de la Pole ; D. of Suff.   ✚ ✚ ✚ ✚ 1452 16 Iasp . of Hatfeild half brother to K. H. 6 , after D. of Bedf. *     ✚ ✚ ✚ 1468 17 Wil. Herbert . * 1469 18 Wil. Herbert .     ✚ ✚ ✚ 1479 19 Edvv. Prince of Wales , son of K. Edw. 4.     ✚ ✚ ✚ 1532 20 Anne Bolen , Marchionesse . of Pemb. wife of K. H. 8.     ✚ ✚ ✚ 1551 21 Wil. Herb. L. Steward , crea . E. of Pemb. by K. Edw. 6. * 1570 22 Hen. Herbert . * 1601 23 Wil. Herb. L. Steward and Chan. of Oxon. * 163● 24 Philip Herb. now E. of Pembrok and Montgom . and L. Chamberlaine , 1641. * PETERBVRGH . OF Peterburgh , as it is an Episcopall see , we have spoke already and have not much to adde of it , as it hath the title of an Earldom . It standeth in the very nooke or angle of Northampton-shire ; where formerly had been a gulfe or whirle poole of exceeding depth : but made firme ground by Wolpher K. of the Mercians , when with great paines and diligence , he laid the foundation of the Church . A Town , but for the Church , of no great nore , as standing out of the way for trade and traffick , and seated in no plausible place ; whether one look to health or pleasure . Yet by occasion of the Abbey in the former times , and now by reason of the Bishop there ; it drawes resort of people for dispatch of businesse , hath a large marketplace , a faire Parish Church , and a handsome streets . Of late unto the Ecclesiasticall relation of it is joyned an honourary , it pleasing he Kings Majesty that now is , to create 〈…〉 ▪ 1627 Iohn L. Mordant , E. of Peterburgh , 3 Car. March. 9. who now enjoyes that title , Anno 1641. PORTLAND . POrtland , was once a little Island , but now adjoyneth to the mainland of Dorset-shire , lieth full against the good town of Weymouth , and seemes to take this name from Port , a noble Saxon , who about the yeare 703 infested and annoyed these Coasts , and made here his station . It is not above 7 miles in compasse ; and very scatteringly inhabited ; but plentifull enough of corne , and good for pastures . On the East side it hath a Church on the North a Castle , which seems to guard the entrance of Weymouth haven . But however it was in former times , it is now remarkable , it gave and gives the stile of Earle , 1632 1 Richard Lord Weston , L. high T 〈…〉 created Earle of Portland , Feb. 15. 8 Car. 1635 2 Hier. Weston now E. of Portland , Anno 1641. RICHMOND . RIchmond-shire is no County of it selfe , but a part of York-shire lying towards the North-west , with rugged rocks and swelling mountaines , whose sides in some places be are good grasse , the bottomes underneath not being unfruitfull ; and in the hils themselves are found good mines of lead and pit-coale . The chiefe Town of the whole is Richmond , of a small circuit in the wals , but by reason of the Suburbs lying out in length , very well peopled and frequented . A Town first built by Alane E. of Bretagne , the first E. here , after the entrance of the Normans , who fenced it with a wall and a most strong Castle , the better to assure these parts against the English , and having finished , the same according to his own content , gave it the name of Richmount , as a place equally participating of strength and beauty . It standeth on the banks of the river of Swale , which with a mighty noise runneth underneath it : A River reputed very sacred by antient English , for that in it , Paulius the first Archb. of Yorke baptized in one day above 10010 men , besides women and children . The Earles of Bretagne for a long time together continued in the title and possession of this Countrey : Since it hath been bestowed upon other Families , who in their severall times have been adorned with the stile of Dukes and Earles of Richmond .   1 Alan the Red , E. of Bretagne . 1093 2 Alan the black , E. of Breta .   3 Steph. E. of Bret. 1104 4 Alan E. of Bret. 1166 5 Conan D. of Bret.   ✚ ✚ ✚ ✚ 1170 6 Geof . Plantag . son of K. H. 2 , married Const . daught . of Conan . 1186 7 Arthur , the son of Geof .     ✚ ✚ 1201 8 Guido , Visc . of Touars , 2 husband of Constance .     ✚ ✚ ✚   9 Randolph of Chester , 2 husband of Constance .     ✚ ✚ ✚   10 Peter of Dreux , D. of Bret.     ✚ ✚ ✚ 1241 11 Pet. of Savoy unckle to Qu. Eleon . wife of H. 3.     ✚ ✚ ✚ 1268 12 Iohn de Dreux , D. of Bret. 1305 13 Iohn de Dreux , D. of Bret.   14 Iohn de Bret. E. of Richm. 1334 15 Iohn de Dreux , D. of Bret.   16 Iohn de Montf . D. of Richm.     ✚ ✚ ✚ 1341 17 Iohn of Gaunt , after D. of Lanc.     ✚ ✚ ✚   18 Iohn de Montf . sirnamed the valiant , D. of Bret. and E. of Rich.     ✚ ✚ ✚   19 Ralph Nevill , E. of Westm . cr . E. of Rich. for term of life . *     ✚ ✚ ✚ 1425 20 Iohn D. of Bedford . *   ✚ ✚ ✚ 1452 21 Edm. of Haddam , halfe brother to K. H 6.   22 Hen. E. of Rich. after K. of Eng.     ✚ ✚ ✚ 1525 23 Hen. Fitz-Roy base son of H 8. D. of Rich. and Somerset , L. Adm. *     ✚ ✚ ✚ 1613 24 Lodow. D. of Lennox , crea . E. of Richm. 11 Jac. Oct. 9. and after D. of Rich. 1623 , May , L. Stew. RIVERS . THe title of Earle Rivers is of different nature from all the rest of England , those being locall ( that of E. Marsh , excepted ) and this nominall : those taking their denomination from some speciall place , and this from an illustrious Family . The antient name was Redvers , or de Ripariis ; thence it came to Rivers . At first they were but Barons of Plimpton in the County of Devon ; after they came to bee Earles of Devonsh . which title 8 of them enjoyed successively , and then the masculine issue failing , the name and patrimony both were lost amongst the female or heires generall . From some of these , as 〈◊〉 conjecture , came S. Rich. Woddeville , whom first K. H. 6. advanced unto the honourable title of L. Rivers , and after Edw. 4. marrying his daughter , advanced him higher , and made him E. Rivers . Which title ending in the 3 E. of this name and Family , was since again revived in the honourable houses of Darcy and Savage , this last deriving a descent hereto by the line of Worcester , & Huntington , from one of the daught . and coheires of the first E. Rivers , whom and his successors take in order , thus 1466 1 Rich. Woodville , L. Tr. and L. Con. father of Qu. Eliz. wife of Edw. 4* 1469 2 Ant. Wood. * 1483 3 Rich. Wood.     ✚ ✚ ✚ 1626 4 Tho. L. Darcy Visc . Colch . cr . E. Rivers . 2 Car. Nov. 4. 1639 5 Iohn Savage , son of Tho. Visc . Sav. and Eliz. his wife , eldest daught . and one of the coheires of Tho. E. Riv. by vertue of a speciall entaile in the said creation , succeeded him in the titles of Earle Rivers , and Visc . Colchester , is now living , 1641. RVTLAND . RUtland , for quantity , is the least Country of Eng. for quality not inferior to the very best , as being a pleasant and fruitfull Countrey , especially about the vale of Catmosse . The earth thereof is generally very red of colour , so red that even the fleeces of the sheep are coloured with it ; in which regard it had the name of Rudland , the Saxons calling that Rud , which we now call Red , as we retaine the use of Ruddy still ; in the selfe-same sence . Heretofore it was reckoned for a part of Northampton-sh . not made a County till of late ; and now again is laid unto Northampton-sh the better to make up a Diocesse for the see of Peterburgh . It contineth in it but 48 Parish Churches in the whole ; the chiefe of which are Uppingham and Oakham , two small market towns , of which the last is the shire town for the Assises , Sessions , and all publique businesses . Yet small and little though it be , can shew the seats and titles of 4 Parliamentary Barons ; and besides that hath honored many a noble person with the name and title of Earles of Rutland . 1390 1 Edw. Planta . eldest son of Edm. of Langley D. of York *     ✚ ✚ ✚   2 Ed● . Plantage . 2 son of Rich. D. of York .     ✚ ✚ ✚ 1525 3 Tho. Mannours , L. Roos , descended by the L● Anne his mother from the said Rich D. of York , cr . E. of Rutland by K. H. 8. * 1543 4 Hen. Man. * 1563 5 Edw. Man. * 1586 6 Iohn Mann . 1587 7 Rog. Man. 1612 8 Franc. Man. 1632 9 Geor. Man. 1641 41 Iohn Man. now Earle of Rutland , 1641. SALISBVRY . SAlisbury is the chiefe City of Wilish . antiently called Sorbiodunum , which name it held untill the entrance of the Saxons , who gave new names and laws to all parts of Eng. It was at first seated high upon an hill , as being a place designed for strength and war , yet honored for a while with a Bishops see , and a faire Cathedrall . But the Bishops and the Clergy finding no good quarter amongst the Souldiers , which were there in garrison , and being destitute of water on so dryan hill ; about the time of Rich. 1 , began to leave it , and plant themselves down lower by the water side . Being once setled there , and raising a new Minster for Gods publike service , the people also followed after , and left old Sarum to it self , which in short space became so totally deserted , that now the ruines of it are hardly visible . But for new Salisbury , that grew up presently into great renown , pleasantly seated on the river , which watreth every street thereof , and for the populousnesse of the place , plenty of provision , a spacious market place , and a faire Townhall , is esteemed to be the second City of all this Tract . And which addes no small lustre to it , a place that hath been very fortunate in those ominent persons , on whom the Kings of England have bestowed the title of Earles of Salisbury .   1 Patrick d'Evreux . 1168 2 Wil. d'Ev.     ✚ ✚ ✚   3 Wil. Long-espec ; base son of K. H. 2 who married Ella , daughter of Wil. d'Ev. 1225 4 Wil. Long-espee .     ✚ ✚ ✚ 1333 5 Wil. de Montacute . * 1343 6 Wil. de Mont. 〈◊〉 1396 7 Iohn de Mont. 1400 8 Tho. de Mont. *     ✚ ✚ ✚ 1428 9 Rich. Nevill , who married Eleanor daughter of Th. Mont. L. Ch. * 1460 10 Rich. Nevill , E. of Warwick . *     ✚ ✚ ✚ 1472 11 Geo. D. of Clarence , who married Isab . daugh . of Rich. E. of War. *     ✚ ✚ ✚ 1477 12 Edw. eldest son of K. Rich. 3. and Anne , the 2 daugh . of Rich. Nev.     ✚ ✚ ✚ 1514 13 Marg. daugh of Geo. D. of Clar. cr . Countesse of Salisb. by K. H. 8.     ✚ ✚ ✚ 1605 14 Rob. Cecil , Visc Cranborn , cr . E. of Salisb. 3 Jac. May 4● L. Tr. * 1612 15 Wil. Cecil now E. of Salisbury , and Captain of the Pensioners , 1641. * SHREWSBVRY . SHrewsbury is the principall town in Shropshire , called by our Ancestors the Saxons Scrobbesbyrig , for that it was of old a very thicket of shrobs . A place that rose out of the ruines of old Uriconium , seated not far off ; but grew not into any great request till the Norman Conquest . The town stands neatly on a hill , and is almost incompassed round by the river Severn : that part thereof which is not fenced by the River , being fortified with a very strong Castle built by Roger de Montgomery , the first E. hereof . A faire and goodly Town it is , well traded and frequented by all sorts of people both Welch & Eng. by reason of the trade of cloth , and other merchandise ; this being the common mart or empory between Wales & Eng. It standeth in the very midst or center , as it were , of the whole County , which generally is inferiour unto none about it , for delight and plenty ; and for the number of Townes and Castles standing exceeding thick on every side ( as having formerly been a frontier-Country ) very far above them . It belonged antiently to the Cornavii , and presently on the Norman Conquest , was bestowed on Roger de Montgom , whom before I spake of , who and his successors , and since them the honorable Family of the Talbots , enjoyed the stile and title of Earles of Shrewsbury . 1067 1 Rog. de Montgomery . 1093 2 Hugh de Montg . 1098 3 Rob. de Montg .     ✚ ✚ ✚ 1442 4 Iohn Talbot Marsh . of France , cr . E. of Shrewsbury by K. H. 6. * 1453 5 Iohn Talbot , L. Tr. * 1460 6 Iohn Talbot . 1473 7 Geo. Talbot . * 1541 8 Francis Talbot . * 1559 9 Geo Talbot . * 1590 10 Gilb. Talboy . * 1616 11 Edw. Talbot . 1618 12 Geor. Talbot . 1630 13 Iohn Talbot , now E. of Shrewsbury , 1641. SOMERSET . SOmersetsh , antiently was inhabited by the Belgae . A Country of a fertile soyle , hoth for corne and pasture , exceeding populous ( as comprehending in the whole 385 Parish Churches , where of 33 are market towns ) & furnished also with commodious havens for trade and traffick . A Country howsoever pleasant in the Summer season ; yet in the Winter time so deep & miery , that it is scarce passable ; from whence the people have a proverb , that it is bad for the Rider , but good for the abider . Yet in some parts thereof , those specially which are towards Wiltsh . it is both hilly and stony ; but in the bowels of those hils , particularly in those of Mendip , they find rich veines of lead , to the great enriching of the Country , and benefit to all the Kingd . It took this name from Somerton , once the most famous and considerable in all the County , now a small market Town of no note nor credit , but for a faire of Cattell which is kept there yearely ; in which respect Asserius calls it , Comitatum Somertunensem , or Somertonsh . But by the name of Somerset it is now best known , and by that name hath given the honorary title of Dukes , and Earles to   1 Wil. de de Mohun , E.     ✚ ✚ ✚   2 Wil. Long-espee ; E. of Salisb. and Somerset .     ✚ ✚ ✚   3 Reginald de Mohun .     ✚ ✚ ✚ 1396 4 Iohn Beaufort eldest son of Iohn of Gaunt by his 3 wife , E. * 1409 5 Henry Beauf. 1419 6 Iohn Beauf. D. of Somer . * 1442 7 Edm. Beauf. E. and D. * 1454 8 Hen. Beauf. D. 1462 9 Edm. Beauf.     ✚ ✚ ✚ 1499 10 Edm. 3 son of K. H. 7.     ✚ ✚ ✚ 1525 11 Hen. Fitz-Roy , base son of K. H. 8. D. of Somer . & Rich. *     ✚ ✚ ✚ 1546 12 Edw. Seym , L. Pro. of K. E. 6. D. *     ✚ ✚ ✚ 1614 13 Rob. Carre , Visc . Rochester , cr . E. of Somer . 12 Jac. now living , 1641. * SOVTHAMPTON . SOuthampton is the 2 Town of Hamp-shire , in bignesse and circuit , but not inferiour to the first for wealth and riches . A Towne commodiously seated on an arme of the sea , and capable of ships of burden to the very Keie ; the opportunity whereof hath made it very faire and populous , as having in it 〈◊〉 Churches for Gods publique service , fenced with strong wals and a double ditch , and to secure the haven with a right strong Castle , which now time hath ruined . It standeth on the banks of the river of Anton , ( which rising about Andover , runs here into the Sea ) from whence it had the name of Southampton and by that name hath given denomination to the whole Countrey , though generally it be called Hamp-shire . A Country rich in all commodities , both of sea and land , and in the upper parts thereof , those which are farthest from the sea , of a very pure and excellent aire . It conteines in it 253 Parishes , many of which have Chappels of ease as big as Parish . besids those in the Isle of Wight , which is reckoned for a part of Hantshire . To return back unto the Town , which though it bee within the County , yet is a County in it self ( for which it stands beholding to K. H. 6. ) And both before and since hath been counted worthy to be the highest honourary title of 1067 1 Beauvois of Hampton , that famous Soldier so much talked of .     ✚ ✚ ✚ 1527 2 William Eitz-Williams , Lord Adm.   ✚ ✚ ✚ ✚ 1547 3 Thomas Wriothesley , Lord Chancellour , created Earle of South . by K. Edw. 6. 1550 4 Henry Wriothesley 1581 5 Henry Wriothesley . * 1624 6 Thomas Wriothesley now Earle , 1641. STAFFORD . STaffordsh . apperteined antiently to the Cormibii ; a potent people in these parts , which afterwards by Beda , were called Angli mediteranei , or the midland Englishmen . A Countrey on the north part full of hils , and woods ; on the South ; stored with coales and mines of iron ; and in the middle part where it is watred with the Trent , bravely adorned with meadows , & faire fields of corn It conteineth in it 120 villages with Parish Churches , the City , or Episcopal see of Lichfeild . & 12 other market Towns , of which the chief is Staff. on the river of Owe ; the head Town of the shire , which from thence taketh name . A Town exceedingly beholding to the Barons of Staf. who were once Lords hereof and were hence denominated : who both procured it to be made a Burrough , with ample priviledges , by K. John , and also fenced it with a wall , save where it was secured by a large poole of water on the East and North. And on the other side , the Town by way of thankfull retribution , honored that noble Family with the stile of E. who were from hence entituled in their severall ages , Earles , & Lords and Visc . of Stafford . 1353 1 Ralph Stafford , E. * 1372 2 Hugh Staff. 1383 3 Tho. Staff.   4 Wil. Staff.   5 Edm. Staff. * 1403 6 Hen. Staff , D. of Bucking . * 1444 7 Hum. Staff E. 1460 8 Hen. Staff. D. of Buck. * 1486 9 Edw. Staff. D. of Buck. * 1521 10 Hen. Staff. L.   11 Edw. Staff. L.   12 Hen. Staff. L. who dying An. 1639 the Family of the Staffords died also with him , and is quite extinguished . 1640 13 Wil. How. Knight of the Bath , 2 son of Tho. E. of Arundel and Surrey , having to wife a sister of the last L. Staff. was by his Majesty now being cr . Visc . Staff. in Nov. 1640 , and is now living , Anno 1641. STAMFORD . STamford is the hithermost Town of Lincoln-sh . seated upon the river W●lland , by which it is there parted from Northampton-sh . It standeth in that part thereof , which is called Kesteven , of which it is the principall town . A town vvell peopled and of great resort , conteining about 7 Parish Churches . But that which gives it most renown , is that upon some quarrell and contention between the Southern and Northern men in the Vniversity of Oxford , the Schollers in the reign of King Edw. 3 removed hither , and here held publique schooles of al sorts of learning . Nor did they leave the place , or return again , untill they were commanded so to do by the Kings Proclamation , and thereupon it was ordeined in the Vniversity , that the Schollers in the taking of their degrees , should make oath , not to reade publiquely at Stamford , to the prejudice of Oxford . Neverthelesse Tovvn still flourished in trade and merchandise , and doth now give the title of an Earle to 1628 Hen. L. Grey of Groby , cr E. of Stamf. 3 Car. March. 26 , now living . Anno 1641. STRAFFORD . STrafford , or Strasforth is the name of a Wapontake , or hundred , in the West-riding of York-shire , and lieth on the South therof , where it abutteth on the Counties of Nottingham and Darby . A territory of a large extent , conceived to be almost as big , as the whole County of Rutland , and in it comprehending the good towns of Sheafeld , Rotheram , Doncaster , and the honour of Tickhil , besides many smaller Villages and Hamlets . The ancient Family of the Wentworths , out of which cometh the Earle of Cleveland , have long flourished here , and have their seate at Wentworth-Wood house , and many a faire and large possession in this Wapontake . In which consideration , it was selected purposely for the highest title of 1639 Tho. Visc Wentworth , L. Newmerch and Oversley , and L. Deputy of Ireland , cr . E. of Strafford and Baron of Raby , with great solemnity at Whitehall , 15 Car. Jan 12 , and shortly after L. Lieut. of Ireland . SVffolk was antiently part of the Iceni , and afterwards together with Cambridg-sh . and Norfolk , made up the Kingdome of the East Angles , of which this being the Southerne part gave to the Count. and the people both the name of Southfolk . A very large and spacious countrey , conteining 575 Parish . Chur. of the which 28 are market townes , with many a safe and capacious haven . Of those the most remarkable towards the sea , is Ipswich , a very faire and spacious town , well peopled and well traded too : adorned with 14 Churches for the service of God , & many a faire and goodly edifice for private use . That of most credit in the Island is Bury , or S. Edmundsbury , heretofore famous for the Abbey , valued at the suppression at 23361. 16● . per ann . a fine neat town , and much inhabited by the Gentry , who resort thither from all parts of the Countrey . As for the Coun. it selfe it sheweth in every place most rich & goodly fields of corne , with grounds as battaille and rich for the feeding of Cattell , wherof there is good plenty out of question , as may appeare by the great store of cheese here made and vented to the great commodity of the inhabitants , not only into all parts of Eng. but Spain , France and Germany . Long time it was , before the title of Suffolk was conferred on any . But when the Gapp was opened once , it hath been severally conferred on several Families , who as they stood in grace and favour with their Princes , attained the titles of Dukes , Marq. and Earles of Suffolk . 1335 1 Rob de Vsford , E. * 1369 2 Wil. de Vsford . *     ✚ ✚ ✚ 1385 3 Mich. de la Pole , L. Ch. 1389 4 Mich. de la Pole. 1414 5 Mich. de la Pole.   6 Wil. de la Pole , first E. after Mar. & at last D. of Suff. * 1450 7 Iohn de la Pole , D. * 1491 8 Edm. de la Pole , E. *     ✚ ✚ ✚ 1513 9 Char. Brandon , D. of Suff. L. great Master . * 1545 10 Hen. Brandon .   ✚ ✚ ✚ ✚ 1551 11 Hen. Grey , Marq Dorset , married Frances daugh . of Ch. Brandon , and was D. of Suff. *     ✚ ✚ ✚ 1603 12 Tho. L. How. of Walden , cr . E. of Suff. 1 Jac. July 21 , L. Tr. and Ch. of Camb *   13 Theo. How. E. of Suff. and L. Warden of the Cinque Ports . * 1640 14 Iames L. How. now E. 1641. SVNDERLAND . SUnderland is a demy-Island in the North-East part of the Bishoprick of Durham , over against the mouth of the river of Were ; which being pulled a sunder from the land , by the force of the Sea , hath the name of Sunderland . A place of no great note or reputation , till it was made the title of 1627 Emanuel Lord Scrope of Bolton and Lord President of the North , created Earle of Sunderland , 3 Car. Jun. 19. Mort sans issue . SURREY . SUrrey and Sussex antiently were inhabited by the Regni , and afterwards made up the Kingdome of the South-Saxons . This lieth on the South of the river Thames , whence it had the name ; the Saxons calling that Rea , which we call a River : and so from Suthrea , came the name of Surrey . A Countrey on the outward parts thereof very rich and fruitfull , especially on that side which is towards the Thames , where it yeelds plenty both of corne and grasse ; but in the middle part , somewhat hard and barren . From whence the people use to say , that their Countrey is like a course peece of cloth , with a fine list . And yet the middle parts thereof what they want in riches , they supply with pleasures as being famous for good aire , and well stored with parks ; the downes affording excellent opportunity aswell for horse-races , as hunting . A Country finally it is of no great quantity , and yet conteines 140 Parishes ( of the which 8 are market townes ) and amongst them the Royall mansions of Richmond , Otelands and None-such . The chiefe town of the whole is Guilford , a fine neat town , seated on the declining of an hill toward the river Mole , consisting of 3 Parish Churches ; which notwithstanding never gave title unto any , of Lord , Earle or higher . But that defect hath beene supplied by the whole body of the County , in the name of Surrey , with which our Kings have dignified these Dukes and Earles .   1 Wil. de Warren , E. 1088 2 Wil. de War. 1138 3 Wil. de War.     ✚ ✚ ✚ 1148 4 Wil. de Blois son of K. Steph. first husband of Isa . de War.     ✚ ✚ ✚ 1164 5 Hameline Planta . base son of Geo. E. of Anjou , and halfe brother to K. H. 3 , 2 husband of Isa . de War. 1202 6 Wil , Plantag . 1240 7 Iohn Planta . 1305 8 Iohn Plantag . died 1347.     ✚ ✚ ✚ 1347 9 Rich. Fitz-Alan , E. of Arund . son of Alice , sister and heire of Ioh. Plantag . 1375 10 Rich Fitz. Alan , L. Tr.     ✚ ✚ ✚ 1398 11 Tho. Holland , E. of Kent , and D. of Surrey . *     ✚ ✚ ✚ 1461 12 Iohn L. Mowb. son of Iohn Lord Mow. D. of Nor. aft . D. of Norf. *     ✚ ✚ ✚ 1475 13 Rich. 2 son of K. Edw. the 4 , D of York , and Norf. & E. of Sur. *   ✚ ✚ ✚ ✚ 1483 14 Tho. How. L. Tr. aft . D. of Norf. * 1514 15 Tho. How. L. Tr. & D. of Nor. * 1554 16 Tho. How. E. Marshall and D. of Norf died 1572. * 1604 17 Tho. How. grand son of Tho. D. of Norf. now E. of Arund . and Sur. and E. Marsh , 1641. * SVSSEX . SUssex is the other part of the old possessions of the Regnians after that of the South-Saxons , from whom it took the name of Suthsex . A Country that lyeth all along the Ocean in a goodly length , extending East and West above 60 miles ; and yet for all so long a Coast hath very few havens , the shore being full of rocks and shelves , and the wind impetuous . The Northerne parts towards Kent & Surrey are well shaded with woods , as was all the Country heretofore , untill the Iron works consumed them . The Southerne parts which are towards the sea , lying upon a chalke or marle , yeeld corne abundantly ; with a delightfull intermixture of groves and meadows . It conteines in it to the number of 312 Parishes , of which 18 are market towns . And amongst these the chief of note is Chichester , of which we need say nothing here , having spoke of it in its proper place , amongst the Bishopricks . It now rests only that I give you a compendious Catalogue of the Earles of Sussex .   1 Wil. de Albeney , E. of Arundell . 1178 2 Wil. de Alb. 1191 3 Wil. de Alb. 1199 4 Wil. de Alb. 1224 5 Hugh de Alb.     ✚ ✚ ✚ 1243 6 Iohn Plantag . E. of Surrey . 1305 7 Iohn Plantag . E. of Sur.     ✚ ✚ ✚ 1529 8 Rob. Radclyffe , Visc . Fitz-Walter , cr . E. of Sussex by K. H. 8. 〈◊〉 1542 9 Hen. Rad. 〈◊〉 1559 10 Tho. Rad. L. Ch. 〈◊〉 1583 11 Hen. Rad. 〈◊〉 1593 12 Rob. Rad. 〈◊〉 1630 13 Edw. Rad. now E. of Sussex , Anno 1641. THANET . THanet is a little Island in the North-East of Kent , environed on 3 parts by the sea , & towards the West , severed from the main-land of Kent , by the river of S●ourc , which is here called Yenlade . An Island by Solinus called Atlanatos , in some copies Thanatos ; from whence the Saxons had their Thanet , famous as in other things , so in these particulars , that it was here the Sax , landed when they came first for Britani ; and that S. Austin the Monk here landed also , when he brought the Gospel to the Saxons . The whole about 8. m. in leng . and 4 in brea , was reckoned then to hold about 600 Families : and is now very populous for the bignesse , and very plentiful withall of all commodities necessary , but of corn especially . The people generally are a kind of Amphibii , and get their livings both by sea and land , being well skilled according to the year , aswel in stearing of a ship at sea , as holding of the plough at land ; & in both courses notably industrious . Such is the Isle of Tha●et , which was of late times made the title of an Earldome , in the persons of 162● 1 Nico. L. Tufton . cr . E. of Thanet , 4. Car. Aug. 5.   2 Iohn Tuf . E. of Thanet now living Anno , 1641. TOTNES . TOtnes is a Town in the Southwest of Devonshire , situate on the banks of the River of Dert , about 6 miles from its influxe into the Sea. An ancient little Town it is , and standeth on the fall of an hill , lying East and West . It hath a Major for the chiefe Magistrate , and so hath had ever since the time of K. John ; and being a burrough town withall , hath a vote in Parliament . The greatest reputation which it had in the former times , was that it gave the title of an Arch-deacon , to one of 4 Arch-deacons of the Diocesse of Exeter , who is hence called Arch-deacon of Totnes , And by that name George Carew , Doctor in Divinity ( after Deane of 〈…〉 subscribes the Acts of Convocation , 〈◊〉 1536 which possibly may be the reason , why 1625 George L. Carew of Clopton , son of the said George , desired , as hee enjoyed , the title of E. of 〈◊〉 , unto the which he was advanced , 〈◊〉 C 〈…〉 ▪ Feb. 〈◊〉 〈…〉 s issue . WARWICK . WArwickshire heretofore was part of the Cornavii , a Country which for aire and soyle , wants nothing for the profit or pleasure of man. It is divided into two parts by the river Avon , that on the South side being cald the Feldon , which yeelds good store of corn , and grasse , and makes a lovely prospect from the neighbouring hils ; that on the North being called the Woodland , from the great plenty of woods which grew here formerly , but nowgrown thin enough by the making of iron . It conteineth in it 158 Parishes and market towns ; of which the chief ( if one exclude Coventry as a County of it selfe ) is that of Warwick , called by the Romans antiently Praesidi 〈…〉 , from the garrison there , which name it still retained in a different language . A town adorned with very faire houses , a strong and well compact stone bridge on the river Avon , and two goodly Churches ▪ But the chief beauty of it heretofore , as now , is a most stately and magnificent Castle ; which as it was of late repaired at the great cost and charges of Sir Fulk Gre●ill , the late L. Broks , who therein dwelt ; so was it antiently the seat and abiding place of the Dukes and Earles of Warwick . 1067 1 Hen. de Newburgh , E. 1123 2 Rog. de New. 1153 3 Wil. de New. 1183 4 Waleran de New. 1200 5 Hen. de New. 1233 6 Tho. de New.   ✚ ✚ ✚ ✚ 1242 7 Iohn Marsh . first husb . of Margery sister and heire of Tho. de Nevv . 1243 8 Iohn de Plessetis , 2 husband of the said Margery .     ✚ ✚ ✚   9 Wale . de New. uncle and heire of the said Margery .     ✚ ✚ ✚ 1262 10 Wil. Miuduit son of Alice sister & heire of Waleran .   ✚ ✚ ✚ 1258 1 Wil. Beauchamp , son of the La. Isa . sister and heire of Wil. Maud. 1291 12 Guido Beauch . 1315 13 Tho. Beau. E. Marsh . * 1369 14 Tho. Beau. * 1401 15 Rich. Beau. Regent of Fr. * 1439 16 Hen. Beau. D. of Warw.     ✚ ✚ ✚ 1446 17 Rich. Nevill , who married Anne , sister of Hen. D. of Warw.     ✚ ✚ ✚ 1471 18 Geo. D of Clarence , who married Anne , daughter of Rich. Nevill , E. of Warw. 1478 19 Edw. Plantag . son of George D. of Clarence .     ✚ ✚ ✚ 1547 20 Iohn Dudley , Visc . Lis . descended from the Lady Margaret , daughter of Rich. Beauchamp , E. of Warw. * 1562 21 Amb. Dudley . *     ✚ ✚ ✚ 1618 22 Robert L. Rich of Leeze , created Earle of Warwick , 16 Jac. Aug. 2.   23 Rob. Rich , now living , 1641. WESTMORLAND . WEst morland was a part of the possessions of the old Brigantes , and lyeth on the West of York-sh . from whence and from the Mores , as they call them here ( that is , those barren heathy grounds , which are not tractable for corn ) it was named West-more-land . The ayre accounted sharp and piercing ; the soyle in most parts barren and unprofitable ; yet in the Vales , which are neither large nor many , indifferently fruitfull . So that the greatest profit and commodity , which here the people make unto themselves , is by the benefit and trade of cloathing . It containes in it only 26 Parishes , which plainly shews that either the Countrey is not very populous , or that the Parishes are exceeding large , as generally indeed they are , in these Northerne parts ; 4 of those 26 are market towns , the chiefe of which next Kendale ( which wee spake of formerly ) is called Appleby , and passeth for the shire town or head of the Countie . The Viponts antiently , and by them the Clyffords were the hereditary Sherifs hereof ; which notwithstanding , it pleased K. R. 2 , to adde unto the titles of the Nevils of Raby , the higher and more eminent stile of Earles of Westmorland . 1398 1 Ralph Nevill , L. of Raby , E. Marsh . 1425 2 Ralph Nevill . 1484 3 Ralph Nevill .   4 Ralph Nevill . * 1523 5 Hen. Nevill . 1564 6 Charles Nevill .     ✚ ✚ ✚ 1624 7 Francis Fane , eldest son of Mary La. Despencer , descended from the Nevils E. of Westmorland , cr . E. of Westmorland , 22 Jac. Dec. 29. 1628 8 Mild may Fane , now E. of Westmorland , 1641. WILTSHIRE . WIlish belonging to the Relgae in the former times , took this new name from Wilton , once the chief town of it ; like as it of the river Willy , on the which it standeth . A region which as it breeds a race of hardy men , who in old time , with those of Devonsh . & Cornwal , chalenged the seconding of the main battaille in our Eng. armies ; so is it very plentifull and fruitfull , and withall very pleasant and delightsome . The middle parts thereof , which they call the Plaines , are most scant of corne ; but those plaines being large and spacious , & reaching round about to the horizon , do feed innumerable flocks of sheep , which bring as great commodity to the inhabitants by their fleece & wool , and the most gamefull trad of cloathing , as other parts that are more fertile . It conteineth in it 304 Parish , & is traded in 19 market towns ; the chiefe and fairest are Salisbury and Marlborough , which before we spake of Wilton was formerly the principall , & heretofore a Bishops see , honored with the residence of 9 severall Bishops : But by translating of the see to Salisbury , and carrying thither therewithal the throughfare into the West countrey , which before was here , it fel by little and little to decay , and is now hardly worth the reputation of a poor market town , yet still it gives denomination to the Country : as that the stile and honor to these Earles of Wiltshire . 1397 1 Wil. L. Scrope L. Tr. *     ✚ ✚ ✚ 1458 2 Iam. Butler , E. of Ormōd , & L. T. *     ✚ ✚ ✚ 1470 3 Iohn Stafford . 2 son of Humf. D. of Buck. * 1473 4 Edw. Staff. died , 1499. 1510 5 Hen Staff. 2 son of Hen D. of Buck.     ✚ ✚ ✚ 1529 6 Tho. Bollen , Visc . Rochf . father of the La. Anne Bollen . *     ✚ ✚ ✚ 1550 7 Wil. Pawlet , cr . after Mar. of Winchester , Anno 5. Edw. 6. * 1571 8 Iohn Paw . 1576 9 Wil. Paw . 1598 10 Wil. Paw . 1628 11 Iohn Paw . now Marq. of Winche . and E. of Wiltsh Anno 164● ▪ WINCHELSEY . WInchelsey is a sea . Town in the East part of Sussex , where it adjoyneth upon Kent , accounted ' by a general error to be open of the Cinq Ports ; whereas indeed it is no Cinq port , but a member of them , as Rhit and 〈…〉 sham , and others are . A Towne in former times of great strength and beauty , inclosed with strong wals , and a well placed Rampier , for the defence thereof against forreign force : but the sea shrinking from it by little and litle , brought the town by the like degrees into great decay , though still it beare the shew of a handsome town , and hath a Blockhouse for defence raised by H. 8. But what it lost in wealth , it hath got in honour , being advanced unto the reputation of an Earld . in the names and persons of 1628 1 El●● . Finch . Vise . Maidstone , cr , C. of Winchel . 4 Car. July 11. 1634 2 Hen. Finch , son of the said Eliz. 1639 3 Henneage Finch , E. of Winchelsey . now living , 1641. WINCHESTER . WInch , is the chief City of Ha 〈…〉 sh . & heretofore the seat Royal of the West-Saxon K. By Antonine and Ptolomy called Venta Belgarum ; and then accounted the prime City of all the Belgae , out of which Venta , adding ceaster to it , ( according to their wonted manner ) the Saxons hammered their Vent-ceaster , and we our Winchester . In these our dayes , it is indifferently wel peopled , and frequented , commodiously seated in a Valley betweene high steep hils , by which it is defended from cold and wind . It lyeth daintily on the banks of a pleasant river , stretching somewhat in length from East to West , and conteineth about a mile and a halfe within the wals , besides the suburbs ; but much within the wals is desolate and altogether unbuilt . Many things certainly thereare which may conduce unto the reputation of it , especially a beautifull and large Cathedrall , a goodly and capacious Palace for the Bishops dwelling , which they call Wolvescy house ; a strong and gallant Castle bravely mounted : upon an hill , with brave command on all the Countrey ; a pretty neat Colledge neare the wals , buile and endowed by Wil. of Wickham , for a seminary to his other in Oxford ; and not far off a very faire Hospitall , which they call Saint Crosses . And yet lest all this might not raise it high enough , our English Monarchs have thought fit to dignifie these following persons with the stile and title of Marq and Earles of Winchester . 1207 1 Saer de Quiney , E. 1220 2 Rog. de Quin. died 1264.   ✚ ✚ ✚ ✚ 1322 3 Hugh Despencer , 1326.     ✚ ✚ 1472 4 Lewys de Bruges .     ✚ ✚ ✚ 1551 5 Wil. Pawlet ; E. of Wil●sh . and L. Tr. cr . Marq. of Winch. by K. Edw. 6. 1571 6 Iohn Paw . 1576 7 Wil. Paw . 1598 8 Wil. Paw . 1528 9 Iohn Paw . now Marq : of Winchest . and E. of Wil●sh . Anno 1641. Worcestersh . is a part of the Gornavii , once a great nation in these parts . A Coun. of an aire so temperate , and a soyle so fortunate , that it gives place to none about her , for health and plenty . Abundant certeinly it is in all kinds of fruits ; and of peares especially ; wherewith , besides the use they have of them for the table , they make a bastard kind of wine , which they here call Pirry , which they both sell and drink in great abundance . Salcpits it also hath in some parts thereof , and about Powyck , and many places else good store of Cherries : and every where well watred with delicious rivers , which afford great variety of fish . A Country of no great extent for length and compasse , as not conteining above 152 Parish Churches , and amongst them 10 market towns . Of these the principall is Worcester , and gives denomination to the whole . A City delectably seated on the banks of S●v 〈…〉 ( which runneth quite through the County from North to South ) over which it hath a faire bridg with a tower upon it : and thence arising with a gentle ascent , affordeth to the upper parts , a very goodly prospect in the vale beneath . A City every way considerable , whether you looke upon it in the situation , or in the number of its Churches , or the faire near houses , or finally on the inhabitants , which are both numerous and wealthy , by reason of their trade of cloathing , which doth there flourish very much . Of the Cathed . here we have spoke before , and of the Castle we shall now say nothing , as having nothing left of it but the name and ruines . All we shall adde is a briefe nomenclature of The Earles of Worcester . 1144 1 Waleran de Beaumont .     ✚ ✚ ✚ 1397 2 Tho. Percy , L. Adm.     ✚ ✚ ✚ 1420 3 Rich. Beauchamp .     ✚ ✚ ✚ 1450 4 Iohn . Tiptoft , L. Tr. and L. Con. * 1471 5 Edw. Tiptoft .     ✚ ✚ ✚ 1514 6 Char. Somer . L. Ch. cr . E. of Worcester by K. H. 8. 1526 7 Hen. Som. L. Herb.   8 Wil. Somerset . 1589 9 Edw. Som. Master of the Morse , & L. Privy Seale . * 1627 10 Hen. Som. now living , Anno 1641. YORK . York-shire is past all peradventure the greatest County in England , conteining 70 miles in length from North to South , and 80 miles in bredth from West to East ; the circuit being above 300. In this great quantity of ground , are not above 563 Parish Churches , which is no great number , but then withall there are great plenty of Chappels of Ease , equall for bignesse and resort of people , to any Parish ; elsewhere . The soyle is generally fruitfull in a very good measure . If that one part therof be stony and barren ground ; another is as fertile and as richly adorned with come and pasturage : If here you find it naked and destitute of woods in other places you shal find it shadowed with most spacious forrests : If it be somwhere moorish , mirie and unpleasant ; elsewhere it is as beauteous and delightsome as the eye can wish . It is divided ordinarily into 3 parts , which according to the quarters of the world are called East-Riding , West-Riding , and North-Riding ; Richmondsh . comming in to make up the 4 , which is a part of York-sh . as before was said . The whole was antiently possessed by the Brigantes , who were diffused all over those Northerne parts , beyond the Trent ; and for their capitall City had Eboracum , seated upon the river Vre which we now call Ouse ) in the Westriding of this County ; and by a later Saxon name is now called York . This is the 2 City of all Eng. both for fame and greatnesse ; A pleasant large and stately place , well fortified & beautifully adorned , as well with private as publike edifices , and rich and populous withall ; Seated ( as erst was said ) on the river Ouse , which cutteth it , as it were , in twaine ; both parts being joyned together with a faire stone bridge , consisting of high and mighty Arches . A City of great fame in the Roman times , and of as eminent reputation in all Ages since ; and in the severall turnes and changes , which have befallen this Kingdome under the Saxons , Danes and Normans , hath still preserved its antient lustre . Adorned it was with an Archiepiscopall see in the times of the Britans ; nor stooped it lower when the Saxons received the Faith. Rich. 2 , laying unto it a little territory on the Westside therof , made it a County of it selfe , in which the Archbishops of York enjoy the rights of Palatines . And for a further lustre to it , H. S. appointed here a Councell for the governance of the Northern parts , consisting of a L. P. recertaine Councellors , a Secretary and other Officers . And yet in none of these hath York been more fortunate , than that it adorned so many Princes of the Imperiall line of Germany and bloud Royall of England , with the stile and attribute of Dukes and Earles of York . 1190 1 Otho of Baveria E. of York .     ✚ ✚ ✚ 1385 2 Edm. of Langley 5 son of K. Edw. 3 E. of Camb. and D. of York . * 1401 3 Edw. Planta . son of Edm. of Lang. E. of Rutl. and D. of York . * 1426 4 Rich. Planta . nephew of Edm. of Lang. by his son Rich. E. of Cam. D. of York . * 1474 5 Rich. of Shrews . 2 son of K. Edw. 4. D. of York . * 1495 6 Hen. 2 son of K. H. 7. after K of En. 1604 7 Char. 2 son of K. James , now the 〈◊〉 Monarch of Gr. Brit. * 1633 8 Iames , 2 son of K Charles , declared D. of York , by his Royall Father , and so instituted , but not yet created . FINIS . A Supplement to the former Table , containing the Successions and Creations of the Dukes , Marquesses , and Earles of England , from the yeare 1641 , to the yeare 1652. Together with The Names and Rankes of the Viscounts and Barons , as they Stand at this present , Jan. 6. 1652. ARUNDEL . 1647. HEnry Howard , Lord Mowbray , succeeded Thomas Howard his Father in the Earledome of Arundel , and the rest of his Estates and Honours . BANBURY . 1641. Charles Knollis , son of William Lord Knollis Earle of Banbury , upon the death of the said William became Earle of Banbury . BEDFORD . 1641. William Russell , Eldest son of the Lord Francis Russell on the decease of his said Father succeeded in the Earledome of Bedford . BRENTFORD . BRentford a well known Town in the County of Middlesex , tooke name from the River Brent , which rising out of a fountaine now called Brawns-wed , but more truly Br●n-well , and passing betweene Henden and Hamsted hils , falleth at this place into the Thames . Of most renown in former times for the good successe which Edmund Iron-side King of England had against the Danes . Anno 1116. which he compelled hereby to rise from the Siege of London . Now of most note for the thorow-fare betwixt London and the westerne Countries , the passage up and down by water for the ease of travellers , a rich and well-frequented Market ; and that it giveth the title of Earle 1641 Patrick Ruthen Earle of Forth in Scotland created Earle of Breniford at Oxon May 27. in the 20 year of King Charles , the second Monarch of Great Brtitaine . BRIDGEWATER . 1646. John Egerton succeeded his Father , of the same , name , in the Earledome hereof . BULLINGBROOK . Oliver Saint-John , the grand child of Oliver Lord Saint-John , Earle of Bullingbrook , by Pawlet his second Son ( Oliver Lord Saint-John the eldest Son being slaine at the Battell at Edgehill ) succeeded his Grand-Father in this Title . CAMBRIDGE : 1649. William Hamilton Earle of Lanarick in the Realme of Scotland , brother of James Duke of Hamilton and Earle of Cambridge , succeeded after his decease in all his Honors and Estates . But dying without issue male not long after the great fighter Worcester , the Title of Earle of Cambridge was extinguished with him . CARNARVAN . 1643. Charles Dormer succeeded in this Earledome on the death of the Lord Robert Dormer his Father , slain at the first fight neare Newbery . CHICHESTER . CHichestr the chief City of Sussex , built by Cissa the second King of the South-Saxons , and by him called Cissanc-easter , or the City of Cissa , whence the present name . A City large enough , of a circular forme , and well walled ; the buildings generally faire , and the Streets capacious : foure of which leading from the foure Gates of the City cross one another in the middest : and in or neare that Crosse a very beautifull Market place , supported with Pillars round about , built by Bishop Read. Of no esteeme till the Norman Conquest , known only by a small Monastery of Saint Peter , and a little Nunnery . But on the removall of the Episcopall See from Sealesey hither , in the time of the Conquerour , it encreased both in wealth and greatness , and would be richer then it is , if the Haven not far off were made more commodious . At the present there is no small addition made to the honour of it , by giving the title of an Earle to 1643. Francis Leigh Lord Dunsmore created Earle of Chichester in the 19th . yeare of King Charles , the second Monarch of Great Brittaine . CUMBERLAND . 1643. Rupert Count Palatine of the Rhene , second Son ( living of Frederick Prince Elector Palatine , and the Princess Elizabeth his wife , the only Daughter of King James , was by King Charles his Uncle created Duke of Cumberland , ( the Family of the Cliffords ending in Henry the last Earl hereof ) and Earle of Holdernesse , January 24. 19. Caroli . DARBY . 1642. James Stanly Lord Strange , succeeded his Father William in the Earledome of Darby . 1651. Charles Stanley Lord Strange , on the death of James his Father , became Earle of Darby . DENBIGH . 1643. Basil Lord Feilding after the death of William his Father was Earle of Denbigh . DORCHESTER . DOrchester is the chiefe Town of the County of Dorset , so called from the Durotriges the old Inhabitants of these parts in the time of the Romans , or from the Durnium of Ptolomy , the word Chester being added by the Saxons afterwards . A Town of great Antiquity , as appeareth by many peeces of Roman Coine found neare unto it : once walled , and beautified with a strong and goodly Castle : but the wals many Ages since pull'd down by the Danes ; and the Castle being decaied and ruinous , converted into a Covent of Friers , now demolished also . Once of large compasse as may be well conjectured by the tract of the wals and trenches ; but in the time of the Danish furies so spoiled and plundered , that it never could recover the wealth and beauty which before it had : yet it hath still three Parish Churches , and seemeth in some sort to have recovered its former dignity , in giving the title of a Marquesse to 1645. Henry Lord Pierre-point Earle of Kingston , created Marquesse of Dorchester , in the 〈…〉 20 yeare of King Charles March 25. EXETER . Iohn Cecil , son of David Cecil succeeded his Father in this Earledoms . GLAMORGAN . GLamorgan is one of the Shires of South-wales , Lying along the Sea-coast , betwixt the Counties of Monmouth and Pembroke : once part of the Siluris , and by the Welch called Glath-Morgan , from Morgan a great Prince hereof , as some conceive , but rather from the word Mor , which in the antient British Language signifieth a Sea ; agreeable to the scituation of it , all along the Shores. The northern parts hereof very rough and mountainous , but the Southerne of a better composition , beautified with many pleasant valleyes , and traded on every side with a number of Townes , there being reckoned in it 118 Parishes , the chiefe of which for strength and beauty is the Town of Caerdiffe , the Barony at this time of the Earles of Pembroke . Reduced to the obedience of the Crown of England in the time of William Rufus by the valour of Robert Fitz-Haimon Lord of Corboile in Normandy , and 12 adventurous Knights , whom he brought in his company ; betwixt whom the Country was divided ( with the Kings consent ) as soone almost as conquered by them . But the Posterity of most of these Adventurers being quite worne out , the greatest Lords hereof were of the Family of the Herberts ; in which respect , 164● ▪ Edward Somerset Lord Herbert obtained of King Charles the title of Earle of Glamorgan , his Father the Lord Marquesse of Worcester being then alive . HARTFORD . 1641. William Seymore Earle of Hartford , was by King Charles in the 17th of his Reigne made Marquesse of Hartford . HEREFORD . 1646. Walter Devereux Knight , on the death of Robert Devereux Earle of Essix , ( the last Earle of that Family ) succeeded in the title of Viscount Hereford . HOLDERNESSE . 1643. Rupert Count Palatine of the Rhene , created Duke of Cumberland , and Earle of Holdernesse , Jan. 24. of whom more in Cumberland . HOLLAND . 1649. Charles Rich , son of Henry Rich Earle of Holland succeeded his Father in that honour . HUNTINGTON . Ferdinand Lord Hastings succeeded his Father the Lord Henry Hastings , in the Earledome of Huntingdon . KENT . 1642. Henry Grey son of Anthony , Henry Grey son of Henry . KINGSTON . 1644. Henry Pierre-point Viscount Newark , on the death of his Father Robert ▪ Lord Pierre-point Earle of Kingston succeeded him in his title of Earle , and was afterwards created Marquesse of Dorchester . LINDSEY . 1642. Montague Bertu , Lord Willoughby succeeded in this title on the death of the Lord Robert his Father , slaine at the battle of Edgehill . LICHFIED . LIchfield the chief City of Stafford-shire , signifieth in the old Saxon tongue , the field of dead bodies , so called from a number of Christian bodies which there lay unburied in the Persecution raised by Dioclesian . Situate in a low and moorish ground , on a shallow pool , by which divided into two parts , but joyned together by a bridge and a causey both together making up a City of indifferent bigness . In the South part , which is the greater of the two , stands a Grāmarschool for the education of their Children , and an Hospital dedicated to S. Iohn for relief of their poor . In the other parts not anything considerable but the fair Cathedrall , though that sufficient of self to renown the place . But hereof we have spoke already when we looked on Lichfield as honoured in the first times of Christianity among the Saxons with a Bishops See. Not made an honorarie Title till these Late daies , in which it gave the title of Earl to 1645. Barnard Steward , youngest son of Esme Duke of Lennox and Earl of March , created Earl of Lichfield , and Baron of Newbery , in the 21. year of the reign of King Charles . MANCHESTER . 1642. Edward Montague Lord Kimbolton succeeded his Father Henry in this Earldom . MARSHAL . 1647. Henry Howard , son and heir of Thomas Earl of Arundel , and Earl Marshal of England , enjoyed these with his other Honours , after his decease . MIDDLESEX . 1646. James Cranfield succeeded his Father Lionel Cranfield in the title of Middlesex . 1651. Lionel Cranfield the Brother of James . MONTGOMERIE . 1650. Philip Herbert son of Philip Earl of Pembroke and Montgomerie succeeded his Father in both titles . MOULGRAVE . 1648. Edmand Scheffield Nephew of Edmund Lord Sheffield Earl of Mouligrave , by Sir John Sheffield his second son , succeeded his Grandfather in the Earldom . NEWCASTLE . 1643. William Gavendish Earl of Newcastle created Marquess of Newcastle , Octob. 27. By Charles the second Monarch of Great Grittain . NORFOLK . 1644. Thomas Howard Earl of Arundel and Surrey , to prevent the alienation of this honour from his Family obtained to be created Earl of Norfolk , June 6. 1647. Henry Howard son and heir of Thomas . NORTHAMTON . 1643. James Lord Compton on the death of his Father Spencer Lord Compton stain in the Moorelands of Stafford-shire , succeeded in his estates and honours : NORWICH . 1644. George L. Goring , Novemb. 28. In the twentieth year of King Charles made Earl of Norwich . NOTINGHAM . Charles Howard , half brother to Charles Howard the last Earl of Notingham , suceeded him in estate and title . PEMBROKE . 1650. Philip Herbert son of Philip Earl of Pembroke and M●ntgomcrie , enjoyed both honours on the death of his Father . PETERBURG . 1643. Henry L. Mordant , son of Iohn Lord Mordant Earl of Peterburgh , succeeded him in Estate and honours . RICHMOND . 1641. Iames Stewart Duke of Lennox and E. of March by Charles the second Monarch of Great Britain made Duke of Richmond . August 8. SCARSDALE . SCarsdale is one of the Divisions of Darbyshire , a valley compassed round about with Rocks and Mountains , as the name imports : Dale in the Saxon and in old English signifying a valley ; and Scarre the cragginess of a Rock . The chief Town of it , Chester field , ( the Earldom of the L. Philip S●anhop ) from hence called Chester field in Scarsdale . Not else observable , but forgiving the title of an Earl to 1645. Francis Leak , L Deyneourt created E. of Scarsdale , Novemb. 15. 1645. STRAFFORD . 1641. William Wentworth son of Thomas L. Wentworth Earl of Strafford , succeeded his dead Father in this Earldom . SUNDERLAND . 1643. Henry L. Spencer ( the L. Scrope E. of Sunderland dying without Lawfull issue ) was by K. Charles honoured with this title , Iune 8. Robert Lord Spencer son of Henry . SURREY . 1647. Henry Howard , succeeded the Lord Thomas Howard his Father in the title of Surrey , as in these also of Earl of Arundel , Norfolk , and Earl Marshal . SUSSEX . 1644. Thomas Lord Savil of Pont-fract ( the families of the Ratcliffes ending in Edward the , Last Earl of that house ) was on the 25. May made Earle of Sussex . WORCESTER . 1642. Henry Somerset Earl of Worcester created Marquesse of Worcester . 1649. Edward Somersert Earl of Glamorgan , son and heir of Henry , Earl and Marquesse of Worcester . YORK . 1643. JAMES the second son of CHARLES , the second Monarch of Great Britaine , entituled Duke of York from the time of his birth ; but not created so till the 27. of Janu. 1643. being the 19. year of his Fathers reign . A SUPPLEMENT To the Table of Bishops . BRISTOL . 1642. 10 Tho. Westfield Archdeacon of S. Albans , on the translation of B. Skinner to the See of Oxon , succeeded him in the Church of Bristol . 1644 11. Thomas Howell Prebend of Windsor . CHICHESTER . 1641. 73. Henry King Dean of Rochester , on the translation of B. Duppa to the See of Sarum , succeeded in the Church of Chichester . COVENT . & LICHFIELD . 1644. 75. Accepted Frewen Dean of Glocester , and President of Magdalen Colledge in Oxon , on the death of B. Wright was made Bishop hereof . EXETER . 1641. 42. Ralph Brownrig , Master of Catharine Hall in Cambridge , on the translation of B. Hall to the See of Norwich , succeeded Bishop of this Church . LINCOLNE . 1641. 65. John Winnyffe , Dean of S. Pauls , in London , on the translation of B. Williams to the See of York , was made Bishop of Lincoln . NORWICH . 1641. 68. Ioseph Hall B. of Exeter , on the death of B. Montague translated to Norwich . OXFORD . 1641. 8. Robert Skinner Bishop of Bristol , on the death of B. Bancroft translated to Oxon. SALISBURLE . 1641. 72. Brian Duppa B. of Chichester , and Tutor to the Prince his Higness on the death of B. Davenant was translated to Salisburie . WORCESTER . 1641. 83. Iohn Prideaux Publick Professor of Divinity in the Vniversity of Oxon , on the death of B. Thornborough was made Bishop of Worcester . YORK . 1641. 70. Iohn Williams B. of Lincoln and Dean of Westminster after the death of Arch. B. Neile succeeded in the Metropoliticall See of York . The Names and Ranks of The Viscounts and Barons of England , with the time of the advancement of their severall Families . VISCOUNTS . VVAlter Devereux Visc . Hereford . Francis Browne Vis . Montague . Iohn Villiers Visc . Purbeck . Will. Fines Visc . Say. Edward Conwey Visc . Conwey . Baptist Noel , Visc . Camden . Will. Howard Visc . Stafford . Tho. Bellasis Visc . Falconbridges BARONS . Iohn Nevill , L. Aburgavenny . Iames Touchet , L. Audley . Charles West L. De la ware . George Berkley L. Berkley . Henry Parker L. Morley and Monteagle . Francis Lennard L. Dacres . Longville L. Gray of Rutbin . Cogniers Darcy L. Darcy and Cogniers Edward Sutton Lord Dudley . Edward Stour●on L. S●or●ton . Edward Vaulx Lord Vaulx . The. Cromwel L. Cromwel of Okeham , Earl of Argl. in Ireland . William Eure Lord Eure of Witton . Philip Wharton Lord Wharton . W. Willoughby L. Willougby of Parham . Will. Paget L. Paget of Beaudefort . Dudley North L. North of Cartline . James Bruges L. Chandois of Sadeley . William Petre L. Petre of Writtle . Dutton Gerrard L. Gerrard of Gerrards Bromley . Charles Stanhop L. Stanhop of Harrington . Thomas Arundel L. Arundell of Wardour . Christopher Rooper . L. Tenham . Ro. Grevil L. Brook of Beauchamps Court. Ed. Montague L. Montague of Boughton . William Gray L. Gray of Wark . John Roberts L. Roberts of Truro . William Craven L. Craven of Hamsted ▪ Marshall . John Lovelace L. Lovelace of Hurley . John Pawlet Lord Pawlet of Hinton-S . George . William Harvey L. Harvey of Kidbrook : Thomas Brudenell Lord Brudenell of Stoughton : William Maynard Lord Maynard of Estair●es Thomas Coventry L. Coventry of Ailesborough . Edward Howard L. Howard of Escrigg . Warwick Mohun Lord of Okehampton . John Boteler L. Boteler of Branfield . William Herbert L. Powys . Edward Herbert L. Herbert of Cherberie . Francis Cottington L. Cottington of Hanwell . John Finch Lord Finch of Forditch . Thomas Bruce E. of Elgin in Scotland , made L. Bruce of Ampthill . Francis Seymor L. Seymor of Trubridge . Arthur Capell L. Capell of Had●am . Richard Newport L. Newport of High-Arcall . John Craven L. Craven of Ruiton . Henry Percy L. Percy of Alnwick . Henry Wilmot L. Wilmot of Adderbury . Thomas Leigh L. Leigh of Stoneley . Christopher Hatton L Hatton of Kerby : Ralph Hopton L. Hopton of Stratton . Henry Jermin L. Jermin of Edmonds-Bury . Richard Vaugham E. of Carbery in Ireland made L. Vaughan of Emlin . Henry Hastings L. Loughborough . John Byron L. Byron of Rochdale . Charles Smith L. Carrington of Worton . Will. Widrington Lord Widrington of Blankney . Humble Ward L. Bromicham . John Brook L. Cobbam . John Lucas L. Lucas of Shenfield . Lew is Watson L. Rocking ham . Iohu Culpeper L. Culpeper of Thoresway . Iacob Astley L : Astley of Reading . Richard Boile Earl of Cork in Ircland made L : Clyfford of Lands-dale . Iohn Bellasis L. Bellasis of Worlaby . Iohn de Rede Ambassadour from the States Generall created Baron de Rede , but without the Priviledge of having a Voice in Parliament . Charles Gerrard L. Gerrard of Brandon . Robert Sutton L. Lexington . Robert Cholmondleigh an Irish Vilcount , made L. Cholmondleigh of Witch-Malhrook . Windsor Hickman L. Windsor of Bradenham sisters son of Thomas L. Windsor the last of that name . The Baronets of England , made by King Iames , and King Charles , with the time of their Creation . SIr Nich. Bacon Kt of Redgrave in Suffolk ▪ Sr Rich. Molineux , Kt of S●●ton Lancash ▪ St Tho. Maunsell Kt of Morgan Glamorg . George Shirley Esq of Stanion Leiceste●sh . Sr John Stradling Kt of St Donates Glamorg . Sr Francis Leake Kt of Su●ton Derbysh . Thomas Pelham Esq of Langhton Susses Sr Rich. Houghton Kt of Houghton Tower Lanc. Sr Henry How●art Kt of In●wood Norfolk . Sr George Booth Kt of Dunham massie Chesh . Sr John Payton Kt of Isleham Cambridgsh . Lionel Telmache Esq of Helningham Suffolk . Sr Jervis Clifton Kt of Cliston Notingham ▪ Sr Thomas Gerard Kt of Brin Lancash . Sr Waller Aston Kt of Tixhal Staffordsh . Philip Knevel Esq of Bucknam Norfolk . Sr John Saint-John Kt of Lediard Tergos Wilt. John Shelly Esq of Michelgrove Sussex . Sr John Savage Kt of Rock savage Chesh . Sr Fran. Barrington Kt of Barringt ▪ hall Essex . Henry Berkeley Esq of Wymondham Leicest . William Wentworth Esq of Wentworth Woodhouse Yorkesh . Sr Rich. Musgrave Kt of Hartle-castle Westm . Edward Seymour Esq of Bury castle Devonsh . Sr Moyle Finch Kt of Eastwell Kent . Sr Anthony Cope Kt of Hanwel Oxfordsh . Sr Thomas Mounson Kt of Carleton Lincoln . George Greisley Esq of Drakely Derbysh . Paul Tracy Esq of Stanway Glocestersh . Sr John Wentworth Kt of Co●●eild Esser . Sr Henry Bellassis Kt of Newborough Yorkesh William Constable Esq of Flamborough York . Sr Thomas Leigh Kt of Stoneleigh Warwick . Sr Edward Noell Kt of Brook Rutlandsh . Sr Robert Cotton Kt of Connington Hunting . Robert Cholmondleigh Esq of Cholmondleigh Chesh . John Moleneux Esq of Tevershalt Notting . Sr Prancis Wortley Kt of Wortley Yorksh . Sr George Savile Kt of Thornehill Yorksh . William . Kniveton Esq of Mircaston Derby . Sr Philip Woodhouse Kt of Wilberly hall Norf. Sr William Pope Kt of Wilcott Oxfordsh . Sr James Harrington Kt of Ridlington Rutl. Sr Henry Savile Kt of Methely Yorksh . Henry Willoughby Esq of Risley Derbysh . Lew is Tresha● Esq of Rushton Northam . Thomas Brudenel Esq of Deine Northam . Sr George Saint-Paul Kt of Snarsford Lincol. Sr Philip Tirwhit Kt of Stainefield Lincoln . Sr Roger Dallison Kt of Loughton Lincoln . Sr Edward Carre Kt of Sleford Lincoln . Sr Edward Hussey Kt of Hennington Lincoln . Le Sirange Mordant Esq of Massingham parva Norfolk . Thomas Eendish Esq of Steeple Bamsteed Ess . Sr John Winne Kt of Gwidder Carnarv . Sr Will Throgmorton Kt of Tortworth Gloc. Sr Richard Worsley Kt of Appledorecombe Ham. Richard Fleetwood Esq of Cakewish Staff. Thomas Spencer Esq of Yarington Oxford . Sr John Tufton Kt of Hothfield Kent . Sr Samuel Peyton Kt of Knowlton Kent . Sr Charles Morison Kt of Cashiobury Hertf. Sr Henry Baker Kt of Sissinghinst Kent . Roger Appleton Esq of south ▪ Bamsteet Essex . Sr William Sedley Kt of Ailsford Kent . Sr William Twisden Kt of East Peckham Kent . Sr Edward Hales Kt of Woodchurch Kent . William Monyns Esq of Walwarsher Kent . Thomas Mildmay Esq of Mulsham Essex . Sr Will. Maynard Kt of Easton parva Essex . Henry Lee Esq of Quarrendon Bucking . Sr John Portman Kt of Orchard Somerset Sr Nicholas Sanderson Kt of Saxby Lincoln . Sr Miles Sands Kt of Wimbleton in the Isle of Ely William Gostwick Esq of Willington Bedford . Thomas Puckering Esq of Weston Hertford . Sr William Wray Kt of Glentworth Lincoln . Sr William Ailoffe Kt of Braxted-magna Essex . Sr Marmaduke VVivell Kt of Cunstable . Burton York . Iohn P. shan . Esq of Ho●s●●y St●fford ▪ Franc●● Engl●field Esq o● Wotton Basse● Wilt● S● Thomas Ridgeway K● of To●re Devon. William Essex Esq of Bewcot B●rks . Sr Edward Go●g●s Kt of Langford Wilts . Edward Dev●reux Esq of Castle Bramwi●ch Warwick Regnald Mo 〈…〉 Esq of B 〈…〉 kennock Co●nw . St Harb●●●le Gr●mston Kt of Bradfield Essex . St Thomas Ho●● Kt of Aston Warwick . Sr Robert Napar alias Sandy Kt of Lewtonhow Bedfold . Paul Bayning Esq of B●ntly parva Essex . S● Thomas Temple Kt of Stow Bucking . Thomas Peneyston Esq of Leigh Sussex Thomas Blackston Esq of Blackston Durham . Sr Robert Dormer K● of Wing Buckingham . Sr Rowland Eger●on Kt of Egerton Chesh . Roger Towneshend Esq of Ra●●am Norfolk . Simon Clarke Esq of Salford Warwick . Edward Fitton Esq of Houseworth Chester . Sr Richard Lucy Kt of Broxborne Hertford . Sr Ma●●hew Boynton Kt of Barm●lone York . Thomas Littleton Esq of Frankely Worcest . Sr Francis Leigh Kt of Newneham Warwick . Thomas Burdet Esq of Bramcot Warwick . George Morton Esq of St Andrewes Milborne Dorser . Sr William Hervey K● . Thomas Mackworth Esq of Normanton Rutl. William G●●y Esq of Chillingham Northum . William ●●lleirs Esq of Brookesby Leicester . Sr Iames Ley of Westbury Wilts . William H●●ks Esq of Beve●ston Gloucest . Sr Thomas Beaumont Kt of Col●or●on Leicest . Heney Sal 〈◊〉 bury Esq of Leweny Denbigh Erasmus D●iden Esq of Canons Ash by North. William Armine Esq of Olgodby Lincoln . St William Bamburgh Kt of H●wson York . Edward H●r●op Esq of F●eat●by Leicest . I 〈…〉 M 〈…〉 ll Esq of Commons-Court S●●●ex . Fran●●s Ra 〈…〉 e Esq o● Dar●●●water C●●●● . Sr David Foulis Kt of Ingleby York . Thom●● Philips Esq of Barington Somerset . Sr Claudius Foster Kt of Bambrough Castle Northumb. Anthony Chester Esq of Chichely Bucking . Sr Samuel Trion Kt of Layre-Marney Essex . Adam Newton Esq of Charleton Kent Sr Iohn B●●elar Kt of Ha●field Woodball Hert. Gilbert Gerard Esq of Harrow on the Hill Middlesex . Humphrey Lee Esq of Langley Salop. Richard Ber 〈…〉 y of Parkehall Norfolk . 〈…〉 Humphrey Foster Esq of Alderm 〈…〉 on Berks. Thomas Biggs Esq of Lenchwick Worcest . Henry Bellingham Esq of Helsington West● . William Yel●●●ton Esq of Rougham Nor● . Iohn Scudamore Esq of Homelacy Heref. Iune . Iohn Packington Esq of Alesbury Bucking Ralph Aston Esq of Lever Lancast . Sr Baptist Hicks Kt of Camden Glocest . Sr Thomas Roberts Kt of Glassenbury Kent . Iohn Hanmer Esq of Hanmer Flint . Edward Osborn● Esq of Keeton York . Henry Felton Esq of Playford Suffolk . William Chaloner Esq of Glisborough York . Edward Fryer Esq of Water-Eaton Oxford . Sr Thomas B●shop Kt of Parham Sussex . Sr Francis Vincent Kt of Stockdaw-Barton . Surrey Henry Cl●r● Esq of Orin●●by Norfolk . Sr Benjamine T 〈…〉 no K● of Tichhurno Southamp . Sr Richard Wilbraham Kt of Woodhey Chesh . Sr Thomas Delves Kt of DuddingtonChester . Sr Lewis Wa●son Kt of Rockingham Castle Northamp● . Sr Thomas Palmer Kt of Wingham Kent . Sr Richard Roberts Kt of Tr●wro Cornwall . Iohn Rivers Esq of Chafford Kent . Henry I●rn●gan ▪ Esq of Coss●y . Norfolk . Thomas Da●nell Esq of H●yling LincoIn . Sr Isaac Sid●●y Kt of Great Chartre Kent . Robert Browne Esq of Walcot Northam . Iohn H●wet Esq of Headley Hall York . Sr Nicholas H●de Kt of Alb●●ry Hertford . Iohn Phillips Esq of Picton Pembroke . Sr Iohn Stepn●y Kt of Prendergust Pembroke ▪ Baldwin Wake Esq of Clevedon S●merset . William Mas●●am Esq of High-Laver Essex . Io●n Col●brond Esq of B●tham Sussex . Sr Iohn Hotham K● of Scarborough Yo●k . Francis Mansell Esq of Mudlescomb C●rmar . Edward Powell Esq of Penk●lly Hereford Sr Iohn G●●rard Kt of Lamer Her●ford . Sr Richard Grosvenor Kt of Eaton Chesh . Sr Henry M●dy Kt of Gar●sdon Wil●s . I●●● Baker Esq of Grimston Hall Suffolk . Sr William Button Kt of Alcon Wilts . Iohn Gage Esq of Farle Sassex . William Goring Esq of Burton Sassex . M●y ▪ 〈…〉 . Peter Co 〈…〉 n Esq of A●d●ngton Wo●cest . Sr Rich●rd Norton Kt of R●th●● s 〈…〉 S 〈…〉 ham . Sr Iohn Leventhorp Kt of Shingle hall H●rtf . Capel Bedell Esq of Hamerton Hunting . Iohn Darell Esq of Westwoodhey Berks. William Williams Esq of Veynol Carnarv . St Francis Ashbey Kt of Hartfield Middlesex ▪ Sr Anthony Ashley Kt of St Giles Wimborne Dorse● . Iuly 〈◊〉 Iohn Cooper Esq of Rocbourne Southam . Edmund Prideaux Esq of Netherton Devon. Sr Thomas Heselrigge Kt of Nosely Leic●st . 〈◊〉 Sr Thomas B●rton Kt of Stockerston Leicest . Francis Foliambe Esq of VValton De●by . Edward Ya●e Esq of Buckland Berks. George Chudleigh Esq of Ashton Devon. Aug. Francis Drake Esq of Bu●kland Devon. 〈◊〉 VVilliam M●redith Esq of Stansty Denbigh . 〈◊〉 Hugh Middleton Esq of Rut●in Denbigh . Octob. Gifford Thornechurst Esq of Agne Court Kent . Novem. Percy Herbert of Redcastle M●ntgom ▪ Sr Robert Fisher Kt of Packington Warwick ▪ Hardolph VVastneyes of Henden Nortingh ▪ Sr Henry Skipwith Kt of Prestwould Leicest ▪ Thomas Harris Esq of Boreatton Salop ▪ Nicholas Tempest Esq of Stella Durham ▪ Francis Cottington Esq . Thomas Harris of Tong Castle Salop ▪ Edward Barkham Esq of Southacre Norfolk . Iohn Corbet Esq of Prowston Norfolk . Sr Thomas Playte●s Kt of Sotterley Suffolk . SIr Iohn Ash field Kt of Nether-ball Suffolk Henry Harper Esq of Calke D 〈…〉 by . Edward Seabright Esq of Befford Worcest . Iohn Beaumont Esq of Gracedieu Leicest . Sir Ed. D●●ring Kt of S●renden D●ering Kent . George Kempe Esq of Pentlon Essex . VVilliam Br●reton Esq of Hanford Chess● . Patricke Carwen Esq of VV●rkington Cumb. VVilliam Russell Esq of VVitley Worcest . Iohn Spencer Esq of Offley Her●f . Sr Giles Escourt Kt of Newton Walts . Thomas Aylesbury Esq one of the Masters of the Requests . Thomas Style Esq of VVateringbury Kent . Frederick Cornwallis Esq — Suffolk . Drue Drury Esq — Norfolk . VVilliam Skevington — Stafford . Sr Robert Crane Kt of Chil●on . Saffolk . May 〈◊〉 Anthony VVing field Esq of Goodwins Su●t . VVilliam Culpepper Esq of Preston hall Kent ▪ Giles Bridges Esq of VVil●o● Hertford . Iohn Kirle Esq of Much-marele Hereford . Sr Humphrey Stiles Kt of Beckham Kent . Henry Moore Esq of Falley Berks. Thomas Heale Esq of Fleet Devon. Iohn Carleton Esq of HolcumOxford . Thomas Maples Esq of S●ow Hunting . Sr Iohn Isham Kt of Lamport Northam . Henry Bagot Esq of Blithfield Stafford . Lewis Pollard Esq of Kings Nimph Devon. Francis Mannock Esq of Giffards hall Suffolk Henry Griffith Esq of Agnes Burton York Lodowick Dyer Esq of Staughton Hunting . St Hugh Stowkley Kt of Hinton Southam . Edward Stanly Esq of Biggarstoffe Lancast . Edward Littleton Esq of Pileton hall Stafford Ambrose Browne Esq of Betswirth Castle Sur. Sackvile Crow Esq of Lanherme Carma . Michael Lives●y Esq of East-Church Kent . Simon Benne● Esq of Benhampton Bucking . Sr Thomas Fisher Kt of Giles Parish Middle . Thomas Bayer Esq of L●gthorne Saffex . Bulls Bacon Esq of Mildenhall Suffolk . Iohn Corbet Esq of Stoke Salop. St. Edward Tirrell Kt of Thoraeton Bucking . Basil Dixwel Esq of Terlingham Kent . St Richard Young Kt of the Privy Chamber . VVilliam Pennyman Esq of Maske York . VVilliam Stonehouse Esq of Radley Berks. S● Thomas Fowler Kt of Islington Middles . Sr Iohn Fenwick Kt of Fenwick Northum . Sr VVilliam VVray Kt of Trebitch Cornw ▪ Iohn Trelawny Esq of Trelawncy Cornw. Iohn Conyers Gent. of Norden Durham . Iohn Bowles Esq of Scampton Lincoln . Thomas Afton Esq of Aston Chester . Kenelme Ienour Esq of Much Dunmore Essex Sr Iohn Price Kt of Newtowne Montgom . Sr Richard Beaumont Kt of VVhitley York . VVilliam VViseman Esq of Cansield hall E●s . Thomas Nightingale Esq of Newport Pond Ess . Iohn Iaqi●ex Esq Gent. Pensioner Middles . Robert Dillingham Esq of the Isle ●f VVight Southampton . Francis Pile Esq of Compton Berks. John Pole Esq of S●ur Devon. William Lewis Esq of Langors Brecknock . William Culpepper Esq of Wakeburst Sussex . Peter Van-loor Esq of Tyle●●st Berks. St John Lawrence of Juer Bucking . Ant●ony Slingesby Esq of Sorevin York . Thomas Vavasor Esq of Haslewood York . Robert Wolseley Esq of Wolseley Stafford . Rice Rud Esq of Aberglainey Carmarth . Richard Wiseman Esq of Thundersley Essex . Henry Ferrers Esq of Skillingthorpe Lincoln . John Anderson Esq of St Ives Hunting . Sr William Russell Kt of Chippenham Cambr. Richard Everard Esq of Much Waltham Essex . Thomas Powell Esq of Barkenhead Chester . William Luckin Esq of Waltham Essex . Richard Graham Esq of Eske Cumber . George Twisleton Esq of Barly York . William Acton Esq of London Nich. le Strange Esq of Hunstanton Norf. John Holland Esq of Quidenham Norf. Edward Aleyn Esq of Hatfield Essex . Richard Earle Esq of Craglethorp Lincoln . Robert Ducy Alderman of London . Sr Richard Greenvile Kt and Coll. Edward Moseley Esq of Rowle●●on Staff. Martin Lumley Esq of Great Bradfield Essex . Ian. 〈◊〉 . William Datston Esq of Datston Cumber . Henry Fletcher Esq of Hatton Cumber . Nich. Cole Esq of B 〈…〉 peth Durham . Edmund Pye Esq of Leckhamsted Bucking . Simon Every Esq of Eggington Darby . Will. Langley Esq of Higham Golein Bedford Will. Paston Esq of Oxonead Norf. John Palgrave Esq of Norwood Barningham Norf. Gerard Napper Esq of Middlemerhall Dorset Thomas Whitmore Esq of Apley Salop. James Stonehouse Esq of Amerdanhall Essex . John Maney Esq of Linton Kent . Sr Tho. Cave jun Kt of Stansord Northam . Sr Christopher Yelverton Kt of Easton Manduyc Norf. William Botelar Esq of Teston Kent . Sr Tho Hatton Kt of Long Stanton Cambr. Thomas Abdy Esq of Felxhall Essex . Tho. Bampfield Esq of Poltmore Devon. Sr John Cotton Kt of Landwade Cambr. Sr Symonds D'Ewes Kt of Stowhall Saffolk . Henry Frederick Thynne Esq of Caurse Castle Salop. John Burgoyne Esq of Sutton Bedford . John Northcote Esq of Haine Devon. Sr Will. Drake Kt of Sberdelowes Bucking . Tho. Rous Esq of Rouslench Worcest . Radus Hare Esq of Stow Bardolfe Norfolk . Sr John Norwith Kt of Brampton Northam . John Brownlow Esq of Belton Lincoln . Will. Brownlow Esq of Humby Lincoln . John Sidenham Esq of Brimpton . Somerset . Henry Prat Esq of Col. sh●ll Berks. Francis Nichols Esq of Hardwick Northam . Sr Will. Strickland Kt of Baynton York Sr Tho Woolrich Kt of Dudmaston Salop. Aug. 〈◊〉 Tho. Mawleverer Esq of Allerton Mawleverer York . Will. Boughton Esq of Lawford Warwick . John Chichester Esq of Raleigh Devon. Norton Knatchbull Esq of Mershamhuch Kent Hugh Windham Esq of Pilsd●● Court Dorset . Richard Carew Esq of Antony Cornwall . Aug. Will. Castleton Esq of St Edmunds Bury Suff. Richard Price Esq of Gogerthan . Cardigan . Hugh Cholmely Esq of Whitby York . Will. Spring Esq of Pakenham Suffolk . Tho. Trever Esq of Endfield Middlesex . Sr Iohn Curson of Kedliston . Darby . Hugh Owen Esq of Or●lton Pembroke . Merton Brigs Esq of Haughton Salop. Henry Heyman Esq of Somerfield Kent . Tho. Sa●dford Esq of Howgil Castle West me . Sr Francis Rhodes Kt of Balbrough Darby Rich Sprignell Esq of Coppenthorpe York Sr Iohn Pots Kt of Mannington Norfolk Sr Iohn Goodericke Kt of Ribston York . Robert Bindlosse Esq of Berwick . Lancast . VVill Walter Esq of Sarseden Oxford . Tho. Lawley Esq of Sr Powell Salop Will. Farmer Esq of Eston-Neston Northam . Sept. Iohn Davye Esq of Creedy Devon. Tho. Pettus Esq of Rackheath Norfolk . Will. Andrew Esq of Denton Northam . Decem 〈…〉 Iohn Meux Esq of the Isle of VVight South . Sr Richard Gurnty Lord Maior of London . Tho. VVillis Esq of Fenditton Cambr. Francis Armitage Esq of Kirklees York . Rich. Halford Esq of VVistow Leicest . Sr Humphrey Tufton Kt of Mote Kent . Edward Coke Esq of Langford Darby . The late Act of Parliament doth exempt these following . Isaac Astley Esq of Melton Constable Norf. David Cunningham Scotch Bar. of London . Sr Iohn Rayney Scot. Bar. of VVrotham Kent . Revet Eldrid Esq of Saxham Magna Suffolk Iohn Gell Esq of Hopton Darby . Sr Vincent Corbet Kt of Morton Corbet Salop. Sr Iohn Wray Kt of VVoodsome York Tho. Trallop Esq of Casewick Lincoln . Edw. Thomas Esq of Michaels Town Glam . St Will. Cowper Sc. Bar. of Raling Court Kent . Denner Strut Esq of Little VVotley Essex . VVill Saint Quintin Esq of Harpan York . Sr Robert Kempe Kt of Gissing Norf. Iohn Reade Esq of B●ocket Hall Hartf . Iames Enyon Esq of Flower Northam . Edw. VVilliams Esq of Marlehul Dorset . Iohn VVilliams Esq of Minster Court Kent . Sr George VVinter Kt of Huddington Worc. Iohn Burlace Esq of Bockmer Bucking . Henry Knallys Esq of Groveplace Southam . Iohn Hamilton of the City of London . Edward Morgan Esq of Lanternam Munmoth Nicholas Kemeys Esq of Kevenmably Glamor . Trever VVilliams Esq of Llangibbye Munm . Poynings Moore Esq of Loseley Surrey . Christopher Dawney Esq of Cowick York . Iohn Reresby Esq of Tri●ergh York . VVill Ingleby Esq of Ripley York . Tho. Hampson Esq of Toplow Bucking . Tho Williamson Esq of East Mackham Nottin . Will Denny Esq of Gillingham Norfolk . Richard Hardres Esq of Hardres Kent . Christopher Lowther Esq Yorksh . Sr Thomas Alston Kt Westmerl . Edward Corbet of Leyton . Edward Payler Esq York●sh . Sr George Middleton Kt Lancash . Matthew Walkenburgh Esq Yorksh . Philip Constable Esq Yorksh . Sr VVill. VVidrington Kt Northumb. Sr Edw. VVidrington Kt. Northumb. Robert Markham Esq Lincoln . S● Stephen Leonard Kt of West Wickham Kent . Philip Hungat Esq York . Ralph Blackston Esq Durham . S● VVill. Therold Kt Lincoln . VValter Rudstone Esq Yorksh . Robert Throgmorton Esq Warwick . VVill. Halton Esq Essex . VValter Wrottesley Esq Staffordsh . Edward Golding Esq Notting . VVill. Smith Esq Cornw. Henry Hen Esq Berks. Brocket Spencer Esq Hartford . VValter Blunt Esq Worcest . Adam Littleton Esq Salop. Sr Tho. Haggerston of HaggerstonNorthum . Tho. Liddell Esq Duresme Richard Lawdy Esq Exon . Thomas Chamberlain Esq Oxfordsh . Henry Hunlock Esq Darby . Thomas Bad Esq South imp . Richard Crane Esq Norfolk . Samuel Danvers Esq Northāmp . Sr Henry Iones Kt Carmarthen . VVilliam Vauasor Esq Sr Edward VValgrave KtKent . Iohn Pare Esq Leicest . VVilloughby Hickman Esq Lincoln . Sr George Bateler KtHertford . Edward Acton Esq Salop . Sr Francis Hawley KtSomerset . Iohn Preston Esq Lincash . Thomas Prestwick Esq Lancash . Robert Therold Esq Lincoln . Gervase Lucas Esq Lancash . Henry Bard Esq Middlesex . Henry VVilliams Esq Brecknock . VVilliam Vancolster Esq VVilliam de Boreel . George Carter Esq Thomas VVindebanke Esq Wilts . Benjamin VVright Esq Suffolk . Richard VVill is Esq Cambr . Sr Evan Lloyd Kt of YaleDenbigh . A Catalogue of the Knights made by King Charles , with the time of their making . SIr Morr is Abbot Merchant . London . Sr Abraham VVilliams . Sr Iames Lasly . Sr Paul Harris of Boreatton . Sr Iohn Meller of Little Breda Dorset . Sr Charles Glenham . Sr Edward Clarke of Reading Berks. Sr Edward Griffin of Braybrooke Castle North. Sr Iohn Halts . Sr VValter Long of VVarall Wilts . Sr Truston Smith of VValpotSuffolk . Sr Christopher Man of Canterbury Kent . Sr Iohn Finch of Canterbury . Kent . Sr Robert Hony-wood of PetKent . Sr Thomas Power of Newcastle . Sr Hugh Stukeley Hamp . Sr Roger Martin of Long Milsord . Suffolk . Sr VVilliam Gourdon Scotus . Sr Martin Lister . Sr Morris Drummon Scotus . Sr Nich. Row of Mousewelhill . Middle . Sr Rich Hutton of Gouldesborow . Sr Morgan Randell of Oxonford Surry . Sr Thomas Pope of VVioxton Oxon. Sr Thomas Morton of Eastnon Kent . Sr Thomas Yorke of Brackley Northamp . Sr Thomas Baker Sr Henry Killegrew Lincoln . Sr VVilliam Sanderson Sr Thomas Brodery of Arnbury Lincoln . Sr VVilliam Morley . Sr Iohn Ashburnham of Bromham Suffolk . Sr Edward Barkley de Bruton Sommet . Sr Richard Reynell of East Ognel Devon. Sr Thomas Reynell his Brother Devon. Sr Iohn Young Sr Iohn Chichester Devon. Sr Iohn Carew Devon. Sr Iames Bagge of Plimouth Devon. Sr Thomas Thornix Kent . Sr William Courtney Devon. Sr Henry Sprey Devon. Sr Iames Scot. Sr Sheffield Chapham . Sr Iohn Gibson . Sr Henry VVilloughby . Sr Thomas Love. Sr Michael Geare Sr Iohn VVatts . Sr Iohn Chidley Capt. Devon. Sr Simon Leech . Devon. Sr Francis Dodington Somerset . Sr Thomas Pawlet Somerset . Sr Tho. Jay of Neiheihaven W●lts . Sr Robert Cock. Sr Richard Shelden . Sr Edw Bathurst of Horton Kirby Kent . Sr Edw Bishop of Parham Suffolk Sr Edw. Spencer of Batton Middle . Sr Peter Killigrew . Sr Dodmore Cotton . Sr William Killig . ew . Sr Hugh Cholmondley . Sr John Loder of Loder Westmer . Sr John Gore late Lord Maior of London . Sr Allen Cotton then Lord Maior of London . Sr Francis Harvy of Cotten end North. Sr John Underhill . Sr Will. Gardener of Peckham Surrey . Sr George Cenit . Sr Thomas Huncks . Sr Thomas Richardson of Throp-Market Norf. Sr Walter Leech of Cadley Devon Sr Simonds D' Ewes of Scowlangtoft Suffolk Sr Miles Sands of VVilberton Cambr. Sr Richard Minshall Chesh . Sr Robert Sands . Sr Peter VVich . Sr Nicholas Hide . Sr Francis Clarke of Hitcham Bucking . S● George Kemp of Pentlow Essex . Sr VVilliam Craven London . Sr VVilliam Carre . Sr VVilliam Poshall . Sr VVilliam Alexander . St Christopher Trentham Staff. S● Edward Seabright Wigor . Sr Robert Barkely of Pe●sley Wigor . Sr Thomas Kelleyon Scotur . Sr Toby Cage . Sr John Hanbery North. Sr VVilliam B●iers Bedford . Sr Cutbert Hacket Sr Martin Snowkers of Flanders . S● Iohn Savill of Lupsil York ▪ Sr Richard Greenvile . Sr Thomas Fryer . Sr VVilliam Cunningham . Sr Iohn Tolcarne . Sr Simon Harcourt . Sr Robert Honywood . Sr Drew Dean● of Dinshall Essex . Sr George Russell of Richmonds Bedf. Sr Henry A●trey of VVoodend . Sr Lawrence VVashington . Sr Edward Clarke of Arlington Berks. S● Cope Doyley of Greenland Bucking . These six following were Knighted by the King of Sweden . Sr Peter Young. Sr Henry St George . Richmond Herald . Sr Patrick Rutbin a Coll. Scotus . Sr Alexander Lesley a Coll. Scotus . Sr Thomas Muschamps a Coll. North. Sr Iohn Heybron Stotur . Sr Henry Morison of Tuly Parke Leicest . Sr VVilliam Blake of Kensington Middle . Sr Garret Rainsford Sr VVilliam Denny of Norwich Norfolk ▪ Sr Iohn Tufton . Sr George Vernon of Hassington . Sr Francis Radcliffe of Newcastle Northumb. Sr Iohn Terrill Essex . Sr Phillip Oldfield of Somerford Chesh . Sr Marmaduke Langdale of Pighall York . Sr VVhite Beconshaw of Moyls-Court Hamp . Sr Ba 〈…〉 Dixwell of Folson Kent . Sr Timothy Featherston North. Sr Thomas Lucas of Colchester Essex . Sr Iohn Sackvill of Sudlescomb Sussex . Sr Thomas Lewis of Penmalk Glamor . Sr Charles Crofts of Bardwell . Suffolk . Sr Edw. Richard of Southampton Hamp . Sr Iohn Lyster York . Sr Hugh Bethell of Alne York . Sr Robert Morton of Easture Kent . Sr Thomas Hope Scotus . Sr Hugh Hamersley Lord Maior of London . Sr Thomas Gerard of Asbydelazouch Leicest . Sr Iohn Trelawney of Trelawney Cornw. Sr VValter Langdon of Kaverell Corn. Sr John Fotberby of Canterbury Kent . Sr Iohn Rowth of Romley Darby . Sr VVilliam Hopkins of Coventry Warwick . Sr Iohn Miles of Devington Kent . Captaines : Sr Thomas Ismond Sr Iohn Crosby Sr Iohn Langworth 〈◊〉 Sr Iohn Harvy . Sr Iohn Leigh of Newport Southam ▪ Sr Thomas Culpepper Sussex . Sr George VVilmot of Charleton Berks. Sr Edward Dodsworth of Trowtsdaile Ebor. Sr VVill. Salter of Ritchking Bucking . Sr Cornelius Faire-Madow of Fulham Middl. Sr Iervis N●vill of Haddington Lincoln . Sr VVill ▪ Catchmay of Bixweere Gloucest . Sr VVill. Ashton of Tingery Bedfordsh . Sr VVill. Quadring of Iraby Lincoln . Sr George Grimes of Peckam Surrey Sr James Harrington of Merton Oxon. Sr Iohn Bracking of Eaton Bedf. Sr Cornelius Vermuden of Hadfield Ebor. Sr Iohn Heydon of Backenstrop Norf. Sr Richard Grimes . Sr Richard Manley : Sr VVill. Rowe of Higham Hill Essex . Sr Lewes Morgan . Sr Iervis Elwis Notting . Sr VVill. Dalton of the City of Yorke Sr Richard Deane Lord Maior of London . Sr VVill. Acton Sheriffe . Sr VVill. Calley of Burdrop W●lt● . Sr Balthazar Gerbeir . Sr Cranmer Harris of Crixsey Essex . Sr Iohn Lee of Lawshall Saffolk . Sr Hardres VValler Kent . Sr Anthony Mansell of ●retton Gloucest . Sr Popham Southcot . Sr Henry Cason of Poyton Sussex . Sr Iohn Yate of Buckland Berks. Sr Nathaniel Brent Doctor at Law. Sr VVill. Spencer of Yarnton Oxford . Sr Iohn Stonehouse of Rudley Berks. Sr Thomas VVortley . Sr Thomas VVarner . Sr Christopher Abdy of Belgat Kent . Sr Leonard Feerby of Pauls Cray Kent . Sr Edmund Mounford of Fel●wall Norf. Sr Thomas Gawdy of Gawdy Hall Sr Ferdinando Cary. Sr Thomas Thornborough of Elmly Wigon . Sr Nicholas Byron . Sr Edmund Scot of Lambeth Surrey . Sr Peter Pawle Rubens . Sr Ralph Blackstone of Blackston Ebor. Sr Dudley Carleton of Holcombe Oxon. Sr George Herbert of Dorrow Hiber . Sr Lawrence De la Chamber of Rodmill . Sr George VVentworth of VValley Ebor. Sr Iohn Morley of Chichester Sussex . Sr Oliver Nicholes of Manningford Bruse . Sr Iames Cambell Lord Maior of London . Sr Philip Stapleton of VValrer Ebor. Sr VVilliam Fairefax Ebor. Sr Robert Needham . Sr Philip Langdon of Handleby Lincoln . Sr Edw. Masters of East Handon Kent . Sr Thomas Gower of Sillingham . Sr VVilliam Strickland of Hildingley Ebor. Sr Iervis Scroope of Ackrinton . Lincoln . Sr Edward Floid of Berthloid Montgom . Sr VValter Pye. Sr Iames Steward Duke of Lenox . Sr Stephen Scot of Haies Kent . Sr Iohn Harper of Swarson Daiby . Sr Iames Montgomery Scotus . Sr Richard Pigot of Dothersoll Bucking . Sr Thomas Bows of Much Bromsey Hall Ess . Sr Iohn Thorowgood Sr Henry Dawfrey of More . Sr Henry Atkins London . Sr Iames Hamilton M. Hamilton . Sr Thomas Carleton of Carleton Cumb. Sr Fredricke Cornwallis of Bromehall . Sr VValter Alexander of St Iames Middle . Sr Iohn Sucklin of VVitham Middle . Sr Thomas Swan of Southfleet Kent . Sr Arthur Robinson of Deighton Ebor. Sr Martin Barnham of Hellingborne : Sr Iames VVeston of Castle Campe Cant. Sr Robert Ducy Lord Maior of London Sr Iohn Banks of Graies Inne Middle . Sr Robert Yelverton . Sr VVilliam Polcy of Bicksteed . Sr Iohn Caswell , Sr Edward Powell . Sr Thomas VVindham of Renssord Somer . The Ventian Embassador . Sr VVilliam VViddrington of VViddrington . Sr George Devereux of Sheldon . Sr Iohn Somerset of Plantley Court. Sr Richard Prince of Salop. Sr George VVhitmore Lord Maior of London . Sr George Fleetwood Collonel . Sr George Carnegay Scotus . Sr Francis Windebanke Sr Francis Rainsford . Sr James Carmichadell . Sr George Cary of Bradford . Sr Anthony Vandike . Sr John Hall. Sr Robert Paine of Barton Stacy . South . Sr Nicholas Slanneing Devon. Sr John Melton Yorke . Sr Francis Crawley of Luton Bedf. Sr Thomas Honywood of Markhall Essex . Sr Edward Alsord of Offonington Sussex . Sr William Brockman of Bitchborow . Sr Arnold Wareing of Sivingson Buck. Sr John Coult of Rickemersworth Hertf. Sr Henry Knowlis . Sr John Ramsay . Sr Alexander Hall of Allemerhall . Sr Nicholas Rainton Lord Maior of London . Sr John Wolstcnholme of London . 〈◊〉 . Sr Abraham Daws of Putney . Sr Iohn Iacob of London . Sr George Douglas Scotus . Sr William Allenson Maior of Yorke . Sr William Belt Recorder of Yorke . Sr Paul Neale . Sr Lionel Maddison Northumb. Sr William Boswell . Sr William Robinson . Sr Edmund Boweur of Camberwell . Sr Pelham Cary. Sr Iohn Coke . Sr Patrick Abereromy . Sr Thomas Hopton . Sr Thomas Alston . Sr VVilliam Lyre . Sr Iames Achmoti . Sr Francis Siddenham . Sr Robert Wood. Sr Mathew Howland . Sr George Theobals . Sr Iohn Saltinston . Sr George Windham . Sr David Kirke . Sr Thomas Tresse . Sr John Thoroughgood . Sr Nicholas Servin . Sr John Temple . Sr Roger Higgs . Sr Thomas Dakers . Sr VVilliam Riddall Northum . Sr Richard Howbart . Sr Selwin Parker . Sr Thomas Coghill Oxon. Sr Francis Norris Oxon. Sr Tho. Dayrell of Eillington Dayrel Buck. Sr Iohn Pennington . Sr VVilliam le Neve Nors . Sr Thomas Moulson Lord Maior of London . Sr Anthony Cage of Stow Camb. Sr Edward Hartop of Euckminster Leicest . Sr Iohn Brampston Essex . These 4 came over with the Swedish Embassador . Sr Iacob Skitt●e . Sr Iohn Crus . Sr Gustavus Banir . Sr Gabriel Oxensterne . Sr Iohn Skittee . Sr Robert Earkehurst Lord Maior of London . Sr Edw. Littleton . These six Knighted by the Earle of Lindsey on Shipboord . Sr Iohn Lord Pawl●t . Sr Iohn Pawlet his Son. Sr Iames Douglas . Sr Iohn Digby . Sr Charles Howard . Sr Elias Hicks . Sr Ralph VVhitfield of Tenterden Kent . Sr Thomas Corbet of Sprouston Norf. Sr Richard VVeston Decem. Sr Iohn Dalton of VVest-VVretting Camb. Sr Richard Vivian of Treloteren Cornw. Sr Henry Calthrop of Cockthrop Norf. Sr VVilliam Shelley of Michelgrove Sus . Sr Charles Herbert of Moore Hertf. Sr Symon Baskervile of London . Sr Mathew Lister of London . Sr Thomas Ingram of Yorke . Sr Christopher Clethero Lord Maior of London . Sr William Howard of B●●vor York . Sr Edw Bromfield Lord Maior of London . Sr Charles Mordant of Massinghall Norf. Sr Job Harvy of London . Sr Arthur Hopton of Witham Somer . Sr Rowland Wandesford of Haddegly York . Sr Thomas Milward of Eaton Dovedale Der. Sr John Barrington of Barrington Essex . Sr John Lucas neare Colchester Essex . Sr Richard Fe● Lord Maior of London . Sr Thomas Bedding field of Halborne Middle . Sr Balihazar Garbeire . Sr Edmund Williams of London . Sr Arthur Jenny of Know●shall Suff ▪ Sr Richard Allen. Sr Gillam Merricke . April 〈◊〉 . Sr Roger James of Yorke Lord Ma●or . Sr Thomas Widdrington Recorder . Sr Alexander Davison of Blackston Du 〈…〉 Sr Thomas 〈…〉 ddel of 〈◊〉 Sr John Hele of 〈◊〉 Devon. Sr 〈◊〉 Thinne . Sr 〈◊〉 〈◊〉 of Sto● Co 〈…〉 Sr Edward Savage of west minster ▪ Sr William Darcy of Witton Castle Durh Sr Charles 〈◊〉 of Crossehall Su●● Sr William Selby of Twisle North. Sr Vivian M●llencux . Sr Iohn Pawlet . Sr Humphrey Sidenham . Sr Peregrine Bertu . Sr Charles Howard Sr Richard Bellars . Sr Iohn Morley . Sr William Gun. Sr Charles Lucas . Sr Michael Earnly . Sr Douglas . Sr Iohn Barkley . Sr VVilliam Barkley . Sr Thomas Not. Sr Iervis Eyr of Rampton Notting . Sr William Craven of Com Abbey Warwic . Sr Edmund Reve of Stratten Norf. Sr Thomas Daws of Putney Surrey . Sr Nicholas Cri●● of London . Sr Iohn Nuls of London . Sr Robert Foster of Fosters Egham . Sr Henry Blunt. Sr Thomas Fotherley . Sr George Sayer of Bewsers Hall Essex . Sr Nathaniel Finch of Ash Kent . Sr Henry Garraway Lord Maior of London . Sr Henry Vane . Sr Thomas Ashton of Weedhill . Sr George Vane . Sr Iohn Harrison● Sr He●neage Proby . Sr Martin Lumley Kt and Bar. Sr Iohn Gore . Sr Thomas Fairfax . Sr Edward Herbers . Sr Robert Wildgoose . Sr Simon Fanshaw . Sr Nicholas Coat-Cole Kit and Bar. Sr Arthur Ashton . Sr Iohn Witterong . Sr Thomas Meautis is of Gorambury Her●● . Sr Wilford Lawdson . Sr Ralph Sr Ralph Varney . Sr Nicholas Miller . Sr Richard Howell . Sr William Palmer . Sr William Poele . Sr Edmund Pye. Sr Peter Rickard . Sr Samuel Owefield . Sr Iohn●key . Sr William Butler . Sr Nicholas Kemish . Sr Robert Therold . Sr Simon Every . Sr Iohn Wortley . Sr George Winter . Sr Robert Fielding of Barnacle Warw. Sr Peter Temple . Sr Harbert Whitfield . Sr Thomas Dike . Sr Edmund Wright Lord Maior of London . Sr George Courtup . Sr Robert de Gray . Sr Christopher Athoe . Sr Thomas Cave . Sr Iohn Evelin . Sr Iohn Cotton . Sr Thomas Whitmore . Sr Iohn Palgrave . Sr Vincent Corbit . Sr Iohn Mayne . Sr Gerrard Nappard . Sr Rowland Barkeley . Sr Valentine Pell . Sr William Butler . Sr Anthony Augher : Sr Richard Napper . Sr Thomas Bernard●ston . Sr Thomas Mallet . Sr Thomas Abdy . Sr Samuel Sly . Sr William Doy● 〈◊〉 Sr Edward Duke . Sr Thomas Gibbon . 〈◊〉 Sr Thomas Hewyt . Sr Roger Smith . Sr Robert Litton : Sr William Drake . Sr Iohn Herwich . Sr Iohn Curson . Aug. 〈◊〉 Sr Iohn Rolt . 〈◊〉 Sr. George Ascough . Sr Francis Williamson . Sr Robert Fen. Sr Mi 〈…〉 Hatchinson . Sr Isaac Sidney . Sr Roger Burgoyne . Sr Thomas Godfrey . Sr Peter Godfrey . Sr Thomas Woolridge . Sr Thomas Eversfield . Sr Iohn Wild , Sr Henry Prat Kt and Bar. Sr Iohn Henden . Sr Iohn Gore . Sr Thomas Bridges . Sr Norton Knatchbutt . Sr George Stroud . Sr William Dalstone Kt and Bar. Sr Edward Partridge . Sr Robert Barkeham . Sr Robert Kempe . Sr Sampson Eure. Sr Henry Hamond . Sr Iohn Glancile . Sr Thomas Hamersly . Sr Francis Rhodes . Sr Robert Crooke . Sr Iohn Pets. Sr Thomas Bishop . Sr Hugh Owen . Sr Hugh Windbam . Sr Edward Nicholas . Sr Richard Gurney L. Maior . Sr Tho. Gardiner Recorder . Sr Iohn Petus . Sr Iohn Cordell . Sr Thomas Soame . Sr Iohn Gayre . Sr Iacob Gerrard . Sr Iohn Wollaston . Sr George Garret . Sr George Clarke . Sr Edward Astley . Sr Anthony Piercivall . Sr Thomas Trever . Sr Iohn Spelman . Sr Iohn Roberts . Sr Iohn Tusion . Sr Iohn Mallery . Sr Henry Cholmelcy . Sr Thomas Lunsford . These following were Knighted since the 4th of Ianuary 1641. and are exempted by the late Act of Parliament . THe Martin . Rich. Halford . Iohn Darrell . Isaac Astley . Iohn Rayney . William Springate . Iohn Gennet . Henry Palmer . Edward Philmore . Henry Scradling . Iohn Menys . William Man. Martin Van Trumpe . William Cooper . 〈◊〉 William Cawley Iohn Read. Robert Crampton . For 〈…〉 . Richard Stone . Edmund Cooper . The Duke of York . Earle of Carnarvan . Lord Obignie . Lord Iohn . Lord Bernard . Brian Palmes . Thomas Nortcliffe . Iames Pennyman . Francis Butler . Thomas Boswell Iordan Mctham . Richard Trencard . Iohn Girlington . Thomas Williamson . Ingram Hopton . Francis Munkton . George Middleton . Edmund Duncomb . Peter Courting . Iohn Digby . Charles Dallison . William Coney . Robert Tredway . Richard 〈◊〉 Iohn Burrell . Iordan Cros●land . Eus 〈…〉 〈◊〉 . George 〈◊〉 . Anthony Sellenger . Francis Cob. William Clarke . Edm. Fortescue . Edw. Iarret . George Theaine . Robert Leigh . Thomas Leigh . John Middleton Henry Jones . Robert Stapleton . John Wild. Francis Otley . John Wild Iun. Hugh Calveley . Richard Crane . Thomas Byron . Arnold de Lille . Thomas Screven . Richard Willis . Thomas Lister . Richard Byron . 〈◊〉 Richard Floid . Gerrard Eaton . Thomas Eaton . Anthony Morgan . Rich. Shugburrough John Smith . Robert Welch . William Palmer . 〈◊〉 . Wingfield Bodenham . Edward Sidenbam . Henry Hen. Iohn Tirringham . Tho. Maynwaring . Tho Blackwell . Henry Huncks . Edward Chester . Robert Murray . Henry Vaughan . William Mallery . William Neale . George Vaughan . Edward Hyde . Isaac Astley . John Pen Rudduck . John Winford . Henry Hunlock . Tho. Bad. Iohn Penruddock . John Scudmore . Walter Floyd . Francis Floyd . William Blackston . Lewis Kirke . Edward Lawrence . James Murray . Charles Kemish . Edward Stradling . John Hurray . Humble Ward . Butler . Charles Mobune . John Greenfield . Sam. Cosworth . Christopher Wray . Richard Chowley . William Morton . William Howard . Michael Woodhouse . Timothy Terrell . George ap Roberts Edward Alston . Edward Ford. Peter Ball. Francis Chock . Arthur Blayney . Otley . Joseph Seamore . Orlando Bridgman Henry Bare . Edw. Vaughan . Robert Breerwood . Edmund Varney . Charles Compton . William Compton . Spencer Compton Marmad . Royden . Richard Lane. William Manwaring . Robert Holborne . John Read. Thomas Gardner . VVill. Courtney . Hugh Cartwright . Henry VVood. Thomas Cheddle . George Villers . VVill. Godolphin . Robert Byron . George Parry . Iune . Martin Sands . Barnard Astley . Daniel Tyers . Iuly . Hugh Crocker . Robert Howard . Thomas Basset . Francis Basset . Charles Trevanian . John Arundell . Iohn Grills . Francis Gamull . Ioseph VVagstaffe . Edward Brett . Sackvill Glenbam . VVilliam Ratcliffe . Thomas Prestwich . Hugh Gage . Charles Floyd . Peter Brown. VVill. Campion . Iohn Owen . Chichester Luteno Gilbert Talbot . The Lord Capell . Lord Henry Scam Henry Chichley . Richard Hatten . George Bunckle . Iohn Dabridge . Edward VValker . Stephen Hawkins . Thomas Rives . Charles Cotterell . Richard Breme . Richard Malev●● Robert Peake . Iohn Ratcliff●● Lodowick VVyrc . Barthol . la Roche . Edward Barret . Richard Page . VVilliam Bridges . Mathew Appleyard . Edward Hapton . Dudly VVyat . Henry Lingham . Herbert Lunsford . Edmund Peirce . Iohn VVallpoole . VVill. Layton . Barraby Sc●damore . Henry VV●oth . Iohn VVales . Theophilus Gilby . Edward Cooper . George Lisle . Ferdinando Fisher . Charles Lee. Iohn Ogle . Anth. VVilloughby . Allen Butler . Iohn Surcot . Thomas Sherley . VVilliam Byron . George Englandby . Francis Rouse . James Bridgmam . Edmund Polcy . Iohn Knottessord . Ioseph VVagstaffe . Tho. Longue●vile . Edward Bathurst . Edmund Bray . Edw. Pridcaux . Allen Zouch . Allen Apsely . Edw Clarke . George Probat . VVill ▪ Morgan . Edw. VValgrave . Henry Iones . Iohn ▪ Norris . Gamalicl Dudle● . Iohn Duncomb . 
A60479	----	Salmasius his buckler, or, A royal apology for King Charles the martyr dedicated to Charles the Second, King of Great Brittain. Bonde, Cimelgus. 1662 Approx. 660 KB of XML-encoded text transcribed from 226 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A60479 Wing S411 ESTC R40633 19463323 ocm 19463323 108856 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60479) Transcribed from: (Early English Books Online ; image set 108856) Images scanned from microfilm: (Early English books, 1641-1700 ; 1677:13) Salmasius his buckler, or, A royal apology for King Charles the martyr dedicated to Charles the Second, King of Great Brittain. Bonde, Cimelgus. [22], 394, [14] p., [2] leaves of plates : ill. Printed for H.B. ..., London : 1662. Dedication signed: Cimelgus Bonde. Errata: p. [12]. Reproduction of original in the Union Theological Seminary Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- I, -- King of England, 1600-1649. Divine right of kings. Great Britain -- Kings and rulers. 2006-05 TCP Assigned for keying and markup 2007-01 SPi Global Keyed and coded from ProQuest page images 2007-04 Robyn Anspach Sampled and proofread 2007-04 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Astraea , Redeunt Saturnia regna , progenies , caelo Demittitur alto . Bishops & the Co●on pr●●ier Booke ●ewarded : Sectaries reiected : SALMASIUS HIS BUCKLER : OR , A Royal Apology FOR King CHARLES the MARTYR . Dedicated to CHARLES the Second , King of Great Brittain . Salus Populi , Salus Regis . LONDON , Printed for H.B. and are to be sold in Westminster-hall , and at the Royal Exchange , 1662. The Epistle to the Reader . THere have been so many Wolves in sheeps-cloathing , and so many Innocents , by the reviling tongues of their Enemies , robbing them of their good names as well as of their good estates , made Malignants , in this our worse than iron age , that I know not what Epithite to give thee ; If thou art an Honest man , Rara avis in terris , I invoke thee to be my Patron ; If thou art not , Noli me tangere . But since St. Austin , once perhaps as zealous a Reprobate as thy self , was converted by looking on the Bible by chance , I will not prohibit thee from eating of this fruit : Though , I believe , to think that thy view of my Book will work the like conversion on thee , is to have a better opinion of thee and the Book , than both will deserve : For , though an Angel should come from heaven , or a man arise from the dead , yet could he not perswade our hot-headed Zealots , but that they did God good service , even when they rebell against his own Ordinance , transgress his Commandements , murther their Father , the KING , and pollute their once flourishing Mother , the CHURCH . Before this prodigious off-spring , like Vipers , destroyed the Mother by their birth ; The Jews indeed murthered the Lord of life , because they did not know him , and therefore thought it was pleasing to God. But wo be to them , who did not only with Ham , see their Fathers nakedness , and reproach him , but commit Paricide , see his heart , naked , and call the multitude to laugh at it , — En quo discordia Cives produxit miseros ? O the miserable effects of seditious men ! Who shall now cure the Kings evil ? Or who shall cure the evil of the People ? O purblind City , how long will you enslave yourselves to ravenous woolves ? who by their often changing of their feigned Governments , do but change the thief , and still your Store-houses must be the Magazine , to furnish them with plunder . You must never look to enjoy your lives , estates , or Gods blessing , with the fruition of your Wives , and Children , before your lawfull King and Soveraign CHARLS the II. unjustly banished by Rebells , be restored to his Crown and Kingdom ; For what Comfort can any honest or conscientious man take , in any thing , so long as he seeth his own native Prince , like King David , driven from his own natural inheritance , by the unjust force of a multitude of Traytors , both to God and their King ? Who Judas-like , acknowledging his Master with a kiss , so they swore with their mouthes , that King CHARLS the I. was their only lawfull King and Soveraign , and had the Supreme power over them all , and then delivered him to the Sword-men , who came out with Clubbs and Staves against their Soveraign , as against a Thief : and as the Jews did the Lord our Saviour , whom they did not acknowledge to be their King , otherwise they would not have done it ; These men murthered their dread Soveraign , whom they all acknowledged and vowed to be their only King ; Excelling the Jewes only in wickednesse . Therefore , since by the Laws of the Land , there can be no Parliament without the King , what difference is there between a Protector , and one of their Parliaments , but only number ? For their Protectors are but the head thieves , and their Parliaments but a headless multitude of thieves : For so long as the Royal Progenie of CHARLS the I. ( which God long preserve ) remain alive , all other our Governours besides them , will be but Rebells , Traytors , and Tyrants , let them call themselves a Free State , or by what names they please , & continue until the worlds end . Therfore rouze up Citizens , and take courage ; How long will you be the common Hackney , to be ridden by every one that will stride you ? How long shall your Sanctuary be made a Stable and Den for Thieves ? Shall your Streets blush with the blood of Prophets , and with the blood of your Cit●zens , and will not you change your colour ? where is the reverend Doctor Hewyt , that Glory of your City ? that Glory of all Christians , that Glory of the whole World ? whose fame shall out-live the Sun , and his renown shine longer , and brighter than the Moon , or the lesser Stars ! Caesar the Usurper was wont to say , Si violandum est jus , regnandi causa esse violandum , That if it is lawfull to forswear one self for any Cause , the Cause of gaining a Kingdom is the most lawfull . But there are those amongst us , who have turned the Supposition into a Proposition , and confidently by their practice affirm , that it is lawfull to forswear one self for any thing , and most sacred to be forsworn , if by the perjury a Kingdom may be gained . But I will not touch the Soars which lye raw before every mans eyes , only this will I say , which every one knoweth to be true , that no Kingdom in the World was so happy both for peace and plenty , law and religion , and all other good things , as our Kingdom of England was , whilest due obedience was lawfully paid to our Soveraign Lord the King , but now the King being murthered and all goodness with him , no Nation under the Sun is more miserable , and so it will continue untill King Charles the second be restored to his Crown . The Sword of Gods word ought only to fight for Religion ; the Iron sword of Rebels did never establish Christian Religion , nor ever will set up Christs Kingdom , especially if it be unsheathed against Kings by their Subjects . And to satisfie all Objections whatsoever against my writing , I answer , Si natura negat facit indignatio versum : It was not to shew my self to the world ( for as in Tempests , so in our daies , he is best who is seen least abroad , ) But it was to shew and prefer the Truth , which hath been laid asleep by the Charmes of our Sins : For to this end was I born , and for this cause came I into the world , that I should bear witnes to the truth , & every one that is of the Truth will hear the voice of the truth ; when I saw the many revolutions & turnings of men , like Weathercocks , being presented , almost every day , with new , strange , and various shapes and forms of Government , it caused me more diligently to search after the true reason of our changings , which I found to be our Sins , and the absence of our King , & also which was the best kind of Government , which I found to be Monarchy , and that all trayterous Tyrants sine titulo , might most lawfully be killed by any privat hand ; but Kings only by God. Truth often getteth hatred , and it is the doom of serious books to be hooted at , by those who have nothing else to do but to scrible Pamphlets : Every one judging according to his capacity or affection . And as Men , so Books are pressed to war Ad prelum tanquam ad praelium ; But Nulla fides , pietasve viris qui castra sequuntur , there is as little credit as piety to be found in Swordmen , and so their calumny will not prejudice me in any wise mans judgement . The good of my Country , and the settlement of our Distractions is the thing which I aim at , ( let Momus carp while his Teeth ake ) which Settlement will never be untill Right overcomes Might , and every one be established in his own again ; For what man hath been secure and immutable since the great and wicked change ? Sen. Quem felicem Cynthia vidit , Vidit miserum abitura dies . He that shone like the Sun in the Morning , was clouded like Night in the Evening ; a Protector one hour , and glad to be protected the next . God oftentimes curseth with the same Sins which were committed against him . Pharoah hardened his heart the first time for his Pleasure , God hardened it the next for his Destruction . We changed our Government once to please our wicked Wills : God hath changed it oftner to purge our impious Sins . But Jam satis terris nivis , atque dirae Grandinis mifit pater , & ruben●e Dextera sacras jaculatus arces , Terruit urbem . Terruit gentes . Enough of hail and cruel snow , Hath Jove now showr'd on us below , Enough with thundering Steeples down , Frightned the Town . Frightned the World. O thou God of Order , now hold thy punishing hand , cement our Differences , and unite the lines of our Discord in the true Centre . Let Charls the 2 d. our Augustus , and Caesars Successor , revenge the bloody Murther of Caesar . O most worthy Augustus , our only lawfull Soveraign , be thou a stay to our falling Kingdom , Patiens vocari Caesaris ultor , do thou hasten to be Caesars Revenger , and then Serus in coelum redeas , diuque Laetus intersis populo Quirini , Neve te nostris vitiis iniquum , O●yor aura Tollat , hic magnos , potius triumphos , Hic ames dici pater , atque Prin●eps , Neu sinas Medos equitare inultos , Te duce Caesar . Return to Heaven late we pray , And long with us the Britains stay , Nor let disdain of our offence , Take thee from hence . Love here victorious , Triumphs rather , Love here the name of Prince , and father , Nor let the Rebels scot-free ride , Thou being our Guide . Which is the continual Prayer of Your Graces most humble , true , faithfull and obedient Subject , and most dutifull Servant , usque ad aras . Cimelgus Bonde . ERRATA . THe times are full of errors , Parliaments themselves have erred , therefore pardon the Errata of the Printer . Some Letters , nay some words are left out , and wrong ones put in their room : What then ? our Nobles , nay our King himself , hath been dis-throned , and wrong ones , The Shrubs , their Servants , have intruded , and usurped their places : The Rump ruled the whole Body , the Feet got above the Shoulders : And untill the Head fully enjoyeth its preheminence , and Prerogative over the inferiour Members , expect no Amendments either publick or private . But since our Age hath more need of a Bit than Spurs , adde ( bit ) to the end of the 21. line , fo . 6. line 9. fo . 42. Munera . l. 21. f. 47. of , instead of for . l. 22. fo . 174. read Could such attempts . In the Latin Verses , read cujus , and fonte , in the two last lines . THe Contents of this Book you may find fo . 1. 20 , 28 , 40 , 54 , 65 , 73 , 86 , 106 , 119 , 132 , 192 , 204 , 210 , 219 , 267 , 361 , 376. And since the last in execution , is the first in the intention : I must request the Reader to begin with the last part of the Book , and end with the first part in his reading : And if he meet with any * sharp and tart laguage , let him remember the Persons whom it concerns , whose Actions were more base than the most nipping and satyrical pen could rehearse . For what villany so great as for Subjects to murther their gracious King ? Oh Heavens ! could the Godly do this ? Do this ? Yes root up our Laws and Religion , destroy our Church , and murder our Prophets , with many thousands of their innocent Brethren , and yet be accounted Saints too : But from such Saints good Lord deliver us , who took away the Kings and Bishops lands , and then voted them Papistical , and dangerous to the Church and Common-wealth . It was Naboths Vineyard which made him a Blasphemour : and Jack Presbyter would never have made a Covenant to extirpate Episcopacy as contrary to the power of Godliness , had not the Bishops had Land , and the Presbyter much Pride , and more of the form , than of the power of Godliness in him . But Multa cadunt inter calicē Supremaque labra , the Independents stept between home and him , got the honor of cutting off the Kings head , and took to themselves the Revenues of both King and Bishop : So that now Iohn could rellish a King , and the Office of a Bishop : I like his Appetite well , but I pray God he do not spoyl the meat in the chewing it . But renowned General Monk hath now cheared us with the hopes of a * Free-Parliament , which will put a period to our miseries , that is , they will bring in our exiled King , without whom , they will be but a Gallimaufrey of Confusion , increasing , not diminishing our Distractions : for no Parliament , without the King. And no doubt but our famous General holds the Scripture Canonical , and will never dissent from his Father Solomon , who thus teaeheth and commandeth all of us , My Son fear thou the Lord and the King , and meddle not with them that are given to change , for their calamity shall rise suddenly , and who knoweth the ruine of them both ? Prov. 24.21 , 22. To the Author of the Royal Buckler , or a Lecture to Traytors . TO speak what ev'ry one desires , and in a strain That suits with ev'ry Hearer , is no pain ; No trouble to profess the bloody Creed Of Mahomet , among the Turks ; no need To be afraid amidst ones friends ; but he That talks of Virtue , before Villanie ; Who can be Christian , among the Crew Of Sectaries , and bid defiance to the Jew ; He that i' th worst of Times dares to be good ; ( Like Capel ) seals his Ligeance with his Blood ; Can strive against th' impetuous wind , and wave , And all their joynt-conspiracies outbrave ; In spite of Fortune resolutely stand To argue with a bloudy , treacherous Land ; That Man 's a Man indeed ; can stoutly cry Hosanna , when the Throng sayes Crucifie . Sir , such are you , and such your Lines , to whom Or to your shrine , Posterity shall come Laden with Laurels : and the little brood Of them whose hands were in their Prince's bloud ; Shall justifie thy Book ; and read therein Their own Misfortunes , and their Father's Sin : Shall read the Miracles of Providence , And borrow matter for Romances thence . Thus ( Sir ) your Pen shall to your self create A Monument , beyond the Pageant state Of breathless Oliver ; or those Poor * men , That rul'd and dy'd , and rul'd and stunk agen . Rebellion for a little moment shines , But seldom with a brave applause declines : 'T is only Truth , and Loyalty can give Restoratives , to make a Dead man live . T. F. REPENTANCE FOR THE MURTHER OF Charles the Martyr . AND The Restauration of Charles the II. is the only Balm to cure Englands Distractions . 'T Is true , our Nostrils lost their Breath ; What then ? ' Cause we sinn'd once , shall 's ne're be good agen ? We murther'd Charles , for which , Infernal Kings With worse than Aegypt's Plagues have scourg'd our sins . The Martyrs Goodnesse Angels cann't rehearse ; The Rebels baseness Devils cann't expresse : Who in their Lower House have acted more Than Belzebub in Hell , or th' Earth before . And did not Charles the Son yet shine , I 'de say That , God of Nature , and the World decay . But God is God , and Satan's Fraud we see . Charles is our King , and Rebels , Rebels be . Then since we ken a Traytor from a Saint , Let 's be for God , our King , and * Bel recant . Hee 'l dry our Eyes , and cure those Wounds which we Receiv'd i'●h ' dark , groping for Liberty : For Liberty , which kept us all in Fetters , Slaves to the Rump , and to the Rumps Abetters : Who Freedom and Religion up cry'd , When Freedom and Religion they destroy'd , Who killed us with Plaisters , and brought Hell , For Paradice : So Eve by th' Serpent fell . Then if the death o' th' King caus'd all our woe , The life o' th' King had sav'd us , all men know : Behold him , in his Son , whose splendid light , Shall heal the darknesse of his Fathers night . 'T is madnesse to use Candles in the day : What need a Parl'ament ? when Charles le Roy , Stands at the door , and to us fain would bring , Freedom and Laws , instead of Rape and Sin. The glory of a King is to command , But Subjects shame to sit , when he doth stand . God save the King. C. B. Never forget Reader , That the * Presbyters in their Almighty , scotified , nullified , Solemn League and Covenant , with their hands lifted up to the Most high God do swear , That they will preserve and defend the Kings Majesty , his Person and Authority : And that they have no thoughts or intentions to diminish his Majesties just Power and Greatnesse . Yet they do also there swear , that they will extirpate Episcopacy , although so to do , is contrary to the Kings Will , Laws , Command , Safety , Greatnesse and Authority : As if his Majesty had no just Power , but what their Faction vouchsafed and pleased to think fit . On the late MIRACVLOVS REVOLVTIONS IN ENGLAND , &c. THree Kingdoms , like one Ship , a long time lay Black tempest-proof upon a troubled Sea ; Bandy'd from wave to wave , from rock , to sand , A prey to Pyrats from a forein Land : Expos'd to all the injuries of Fate , All the Reproaches of a Bedlam-State : The brave Sayles torn , the Main-mast cut in sunder , Destruction from above , and ruine under . Once the base rout of Saylors , try'd to steer The giddy Vessel , but thence could appear Nothing but mad Confusion : Then came One , He sate at Helm , and his Dominion Frightned the blustring Billows for a while , And made their Fury counterfeit a smile ; Then for a time , the Bottom seem'd to play I' th' wonted Chanel , and the beaten way , Yet floated still . The Rabble snatch't again It's mannagement , but all ( alas ) in vain : No Anchor fixt , no wished sh●ar appears , No Haven after these distracted years . But when the lawfull Pilot shall direct Our wav'ring Course ( and Heav'n shall Him protect ) The Storms shall laugh , the Windes rejoyce thereat , And then our Ark shall find an Ararat . T. F. THE HISTORY of PHAETON , Being only a Flourish , or Praeludium , to the sulsequent more solid discourse ; Wherein , implicitly , the temerarious appetite of Subjects to their dread Soveraigns Crown , is refuted and condemned ; The gracious Concessions , unparalleled goodness , and fatherly indulgence of our late King , to his over-bold Subjects , manifested , and the sad effects of usurpation laid open , with the Traytors Epitaph . Phoebus representing the King , and Phaeton the hare-brained people . Eloquar ? an Sileam ? timor hoc , pudor impedit illud . Shall I speak ? or hold my Peace ? How shall we sing the Lords song in a strange Land ? And how shall I hold that which is not to be found ? WHen rash Phaeton , being mounted on the soaring wings of arrogance and presumption , attempted the Kingly Government of his royal Fathers Chariot , fit for none , but such powerful , and well-instructed Monarch as him●lf . For Ovid. lib. 2. — Non est tua tuta voluntas , Magna petis Phaeton , & quae non viribus istis Munera conveniunt , nec tam puerilibus annis . Sors tua mortalis , non est mortale quod optas : Plus etiam quam quod superis contingere fas est , Nescius affectas ; placeat sibi quisque licebit . Non tamen ignifero quisquam consistere in axe , Me valet excepto . Vusti quoque Rector Olympi , Qui fera terribili jaculatur fulmina dextra , Non agit hos curros : Et quid Jove majus habetur ? Thy wish is naught , What 's so desir'd by thee , Can neither with thy strength , nor youth agree . Too great intentions set thy thoughts on fire , Thou , mortal , dost no mortal thing desire . Through ignorance , affecting more than they Dare undertake , who in Olympus sway . Though each himself approve , except me , none Is able to supply my burning Throne . Not that dread Thunderer , who rules above , Can drive these wheels : and who more great than Jove ? Thou seekest after that which humane power neither can , nor ought for to atchieve . Thou art ignorant of my power , and too much presuming on thine own ; I am no Officer of trust , deputed by the common rout , but hold my jurisdiction from above . It is not for Mortals to aspire , and foolishly to covet such sacred things . There i● none but I capable of this dignity . It is I that a● the anointed , and crowned King by caelestial decree , and therefore am not to be dethroned by terrestial innovation . At tu , funesti ne sim tibi muneris auctor . Nate cave , dum resque sinit tua corrige vota . Then , lest my bounty , which would save , should kill , Beware , and whilest thou maist reform thy will. Be wise my Son in time , and lest thou prove a felo de se , banish from thy thoughts this desperate and fond appetite of thine , to take my princely reigns of Government into thine unadvised hands . Non honor est ; paenam Phaeton pro munere poscis . It is not honour , but disgrace and thy utter ruin , which thou so greedily huntest after . Scilicet ut nostro genitum te sanguine credas , Pignora certa petis : do pignora certa timendo . Et patrio pater esse metu probor : aspice vultus Ecce meos : utinamque oculos in pectore posses Inserere , & patrias intus deprendere curas : Denique quicquid habet dives circumspiee mundus : Deque tot , ac tantis caeli , terraeque , marisque Posce bonis aliquid , nullam patiere repulsam : Deprecor hoc unum , quod vero nomine paena est . A sign thou crav'st , that might confirm thee mine : I , by dehorting , give a certain sign : Approv'd a father , by paternal fear : Look on my looks , and read my sorrows there . O , would thou could'st descend into my brest And apprehend my vexed Souls unrest : And lastly all the wealthy world behold , Of all that heav'n enrich , which seas infold , Or on the pregnant bosom'd earth remain , Ask what thou wilt , and no repulse sustain : To this alone I give a forc'd consent , No honour , but a true-nam'd punishment . Dost thou doubt my fatherly indulgence ? or that I will not own thee for my Son ? Remove that vain scruple from thy deceived minde , My noursing fear of thee is an infallable sign , and an inviolable assurance , that thou art my legitimate Son , and I am proved to be thy Father , by my fatherly care over thee . But if thy heart be so hard , and thou so void of belief , that thou wilt not believe me , unless thou see my heart , Reach hither thy hand , and thrust it into my side , and make way for thy unbelieving eyes , to discover and see those fatherly cares which stick so close to my troubled heart . It is thy good which I only aim at , And thy welfare is the only mark at which I level the shafts of my Counsel , and wholesome admonishment . — Consiliis , non curribus utere nostris . Dumque potes , & solidis etiam nunc sedibus astas , Dumque male optatos nondum premis inscius axes , Quae tutus spectes sine me dare lumina terris . — While thou mayst , refuse , And not my Chariot , but my counsel use . Let me the world with usual influence chear : And view that light which is unsafe to bear . Make use of my advice , and not of my Chariot , and that in time too whilest thou standest on sure ground , Lest at length thou art driven to a non putabam , I had not thought , the Sanctuary of fools , and so become an Ideot by a too late confession , For post est occasio calva , an after game is never good . Let not thy jealous heart surmise that these publick admonitions spring from any private ends , or self interest of mine . Behold my Kingdome , and make choice of what rarity or delight it affordeth . Ask whatsoever thine eye fancyeth , or thy soul taketh pleasure in , and thou shalt suffer no denyal . The glorious structures , the fertile fields , the rich meadows , and the fat pastures , the fishes of the sea , and the fowls of the air , the fruits of the vineyards , and the immense woods , shall all call thee master , Nay I will clip the wings of my Prerogative , to feather thy nest withall : Confiteor hoc solum tibi nate negarem , I profess Son only the government of my Chariot would I keep from thee , which I deny thee for no other reason , than because it will be thy destruction . If the horses thou drivest do not destroy thee ; Yet every Kingdome in the world will disapprove thy actions , and account thy attempt fatal to them ; Therefore aswell for thy own safety , as the security and pleasure of all Kingdoms , desist from thy indiscreet resolution , and let me still , whose only right it is , and therefore only can , rule my Chariot . Finge datos currus , quid ages ? poterisve rotatis Obvius ire polis , ne te citus auferat axis ? Forsitan & lucos illic , urbesque deorum Concipias animo , delubraque ditia donis Esse , per insidias iter est , formasque ferarum . Nec tibi Quadrupedes animosos ignibus illis , Quos in pectore habent , quos ore , & naribus efflant , In promptu regere est , vix me patiuntur , ubiacres Incaluere animi , cervixque repugnat habenis . My Chariot had , can thy frail strength ascend The obvious poles , & with their force contend ? No groves , no Cities fraught with Gods expect : No marble fanes , with wealthy offerings deckt . Through salvage shapes , & dangers lyes thy way . Nor easy is't those fiery steeds to tame , Who from their mouths and nostrills vomit flame . They heated hardly of my rule admit ; But head-strong struggle with the hated . Suppose thy request granted thee , and thou got up into my Chariot , what wouldst thou do ? Dost thou think it will carry thee to Heaven ? Or , that thou shalt always reign secure there ? Dost thou imagine it an easy thing to rule ? or , that the change of Government will bring no danger ? Let not thy purblind policy so abominably delude thee . Labor est inhibere volantes , scarce I , even I who am their known and lawful Soveraign , can hardly restrain the unbridled fierceness of the Quadrupedes ; But when they perceive they have not their right and wonted driver , they will cast thee off and break thy neck with the down-fall . They are apt to rebel against me , but they will account rebellion and treason most just and lawfull against thee . — Ergo tu sapientius opta . Nulla fides regni . Therefore wish more discreetly , for immortality is not to be found in a Kingdome . This was the answer of Monarchical Phoebus , to the temerarious request of his phanatick Son Phaeton . — Dictis tamen ille repugnat , Propositumque premit , flagratque cupidine currus . In vain dehorted , he his promise claim'd , With glory of so great a charge inflam'd . But so much stupidity had captivated the senses of this prodigal Son , that he rejected his Fathers Counsel , and flew from it , as if every word had been a two-edged sword , designed for his executioner . Such is the misery of the reprobate and jealous Souls , that if an Angel should come from Heaven , or a man arise from the dead , yet would not they be reclaimed from their wicked errors . These sweet waters of admonition were all spilt upon the ground , and could not quench the flagrant heat , of Phaetons blind zeal , for the Government of his Fathers Chariot . Therefore when Royal Phoebus saw that his fatherly advice could take no impression , nor by any means prevail , but that his Son was willfully bent upon his own ruin , & that he had caught him by a stratagem into such a straight , that he could not repel his madness by force , Ne dubita dabitur ( Stygias juravimus undas ) Quodcunque que optares , He delivereth up his Chariot unto him , and such was his tender care , and unparallelled goodness , that at that very time ( notwithstanding the contumacy of his rebellious Son , who should have obeyed his Father , in respect of his duty , aswell as for his own good ) did not All-seeing Phoebus leave giving of him Counsel . But that his Son might prosper even in his disobedience , ( Qualis amor patris , O how great is the love of Parents ! ) He directed him what course he was best to take , and how he should perform his usurped authority . Si potes his saltem monitis parere parentis : Parce puer stimulis , & fortius utere loris . Sponte sua properant . Let not thy Father still advise in vain , Son , spare the whip , and strongly use the reign . They of their own accord will run too fast , T is hard to moderate a flying haste . This being done , he implores the Gods that his Sons faults might be forgiven ( for he knew that it was his ignorance that made him so audacious , and that at last , though too late , he would repent it ) Royal Phoebus likewise prayed , that fortune would be more charitable to his hare-brained Son , than he was to himself . And so with this farewell ascended up into Heaven . Inter utrumque tene : fortunae caetera mando , Quae juvet & melius quam tu tibi consulat opto , — In medio tutissimus ibis . Between these drive , The rest I leave to fate : Who better prove , than thou , to thy own state . A lofty course , will Heaven with fire infest , A lowly , earth , the safer mean is best . Mourning succeedeth rejoycing , many a Sunshiny morning , proveth a wet day . The Bee carryeth hony in her mouth , but a sting in her tail ; And those things which seem glorious at the first approach , do many times prove fatal in the end . Horace . Quid quisque vitet , nunquam homini satis Cautum est , in horas . Navita Bosphorum Paenus perhorrescit , neque ultra Caeca timet aliunde fata . Miles sagittas , & celerem fugam Parthi : catenas Parthus , & Italum Robur : Sed improvisa lethi Vis rapuit , rapietque gentes . No man knows truely what to shun . The Punick Seaman fears to run Upon some shelf , but doth not dread Another fate over his head . The Souldier , shafts , and Parthian sight . The Parthian , Chains , and Roman might . But death had , and still will have , A thousand backwayes to the grave . No sooner had this unhappy Lad obtained his pleasing wish , and took the Princely reigns of his Fathers Chariot , into his youthfull hands , but that he was made sensible of his unadvised temerity . Sed leve pondus erat , nec quod cognoscere possent Solis equi , solitaque jugum gravitate carebat . Quod simul ac sensere , ruunt , tutumque relinquunt Quadrijugi spatium , nec quo prius ordine currunt : Ipse pavet , nec qua commissas flectat habenas Nec scit , quà sit iter , nec si sciat , imperet illis . But Phoebus Horses could not feel the fraight : The Chariot wanted the accustom'd waight . Which when they found , the beaten path they shun , And straggling out of all subjection run . He knows not how to turn , nor knows the way , Or had he known , yet would not they obey . When the Horses perceived that their Royal Master was gone , and that the Government wanted that regal dignity and weighty Majesty , which was wont to awe them , they did what , and run which way they pleased , All of them thinking that as they had more power , so they had as much right to be Governours , as the raw Statesman , who was newly mounted on the Kingly Chariot . Which made young Phaeton that he could not tell how to rule , neither could they tell how to obey . So that that which even now was the object of his desire , and greatest cause of his admiration , is now become the greatest cause of his misery . Now his Fathers instructions like the waters of Tantalus seem sweet , but not to be tasted by his palate ; His preferment is now his greatest torment , and by how much the higher he is exalted , so much the greater is his punishment . Vt vero terras despexit ab aethere summo Infoelix Phaeton penitus penitusque jacentes Palluit , & subito genua intremuere timore , Suntque oculis tenebrae per tantum lumen abortae , Et jam mallet equos nunquam tetigisse paternos , Jam cognosse genus , piget & valuisse rogando . Jam Meropis dici cupiens , Ita fertur , ut acta Praecipiti pinus Boreâ , cui cuncta remisit Frena suus Rector , quam diis , votisque reliquit . But , when from top of all the arched skye Unhappy Phaeton the Earth did eye , Pale sudden fear un-nerves his quaking thighes ; And in so great a light , be-nights his eyes ; He wisht those steeds unknown ; unknown his birth ; His suites ungranted ; now he covets earth . Now scorns not to be held of Merops blood ; Rapt as a ship upon the high-wrought flood , By salvage tempests chac'd , which in dispair The Pilot leaveth to the Gods and prayer . Now he doth not only wish that he had never usurped his Fathers Government , but that he had never known his Father . He now wisheth that the King had his own again , which he through foolishness had deprived him of . He wisheth that he had still been a subject to his royal Fathers desires , & it repents him of his ill-got honour . For why ? he seeth the Chariot , wanting its lawfull Soveraign , tossed about , like a ship with tempests , and with the rough waves in the Ocean , whose Pilot hath left it , and there is no means but prayers to the Gods to save it . The Horses rage , every one ruling , and furiously drawing which way he pleaseth : and so through the multitude of lawless Governours , the whole Government is like to fall to the ground , and bring destruction to all . Quidque agat ignarus stupet , & nec fraena remittit , Nec retinere valet , nec nomina novit equorum . Expatiuntur equi , nulloque inhibente per auras Ignotae regionis eunt , quaque impetus egit , Hac sine lege ruunt . Through ignorance , he cannot hold the reigns , Nor let them go , nor knows his Horses names . Who like the winds , or tempests , furiously , With uncontrouled error scour the skye , Through unknown airy regions ; and tread The way which their disordered fury led . Amazement struck him dumb , and what to do ●he is altogether ignorant . He wanteth the courage , years , and wisdome of his Father , to curb the unbridled lust of the fiery steeds , and the Chariot wanted its wonted ballance ; He cannot go back , neither knoweth he how to go forward . He is gone so far that he cannot resign up the Government to the King , neither knoweth he how to keep it himself ; He now findeth that it is better to be a poor subject , than a rich usurper . The Horses being lawless , run whither their violence doth whirry them , and he not being their rightfull owner , hath no law to guide them . ( O the deplorable condition of that Government , where the true Soveraign is an Exul : ) Not only Phaeton , but the whole world had like to have been consumed by this Disaster . Dissilit omne solum : penetratque in tartara rimis Lumen , & infernum terret cum conjuge regem : Et mare contrahitur , siccaeque est campus arenae , Quod modo pontus erat : quoque altum texerat aequor Existunt montes , & sparsas Cycladas augent . Earth Cracks , to Hell the hated light descends , And frighted Pluto , with his Queen offends ; The Ocean shrinks , and leaves a field of sand , Where new discover'd Rocks , and Mountains stand . The Earth groaned , and the news of this usurpation was carried down to Hell ; Which the Devills had no sooner heard , but Pluto himself , his Wife , and all the rest tremble through fear . For Pluto thought that those who had dethroned Phoebus , might likewise be wicked enough to dethrone him , wrest the Government of his Kingdom out of his hands , and take it into their own . But this was not all , the Sea was dryed up , and the fields were scorcht , the Harvests were burnt , and the Mountains perished with heat , the Moon was amazed , and the Clouds shone like Comets . Parva tamen queror , magnae pereunt cum maenib● urbes , Cumque suis totas populis incendia gentes In cinerem vertunt . But this was nothing : Cities with their Towrs , Realms with their people , funeral fire Devours . All the Kingdoms in the world did shake , And all the Kings doubted of their regal title , They feared that themselves should be destroyed , and their Crowns with their lives pulled to the ground . And doubtless had not Divine providence stopped this wild-fire , more Kingdoms than were , had been demolished . For this fire did intend to make Kings and the common people all in one condition ; neither was the King to have any praerogative above his subjects , but all had like to have been consumed in one and the same sire . Great Cities with their walls , and whole Nations with their people were turned into Ashes . — Circumspice utrinque , Fumat uterque polus , quos si violaverit ignis Atria vestra ruent . — Behold , the Poles above At either end do fume : And should they burn , Thy habitation would to ruine turn . O Almighty , this usurpation would have taken away thy power . For the Kings which thou did'st set to rule over the people , had well nigh been all consumed . And thy anointed which thou hast prohibited any thing to touch , were by this unwieldy and unlawfull Government almost destroyed . The flames begun to lick the Heavens , and both Poles did take fire , so that all things were hastening into their antient Chaos . Alma tamen tellus , ut erat circundata ponto , Inter aquas pelagi , contractosque undique fontes , Qui se condiderant in opacae viscera matris , Sustulit omniferos collo tenus arida vultus , Opposuitque manum fronti , magnoque tremore Omnia concutiens paulum subsedit , & infra Quam solet esse fuit : sacraque ita voce profatur . Si plaoet hoc , meruique , quid O tua fulmina cessant Summe Deum ? liceat periturae viribus ignis ? Igne perire tuo clademque autore levare . Yet foodfull Tellus with the Ocean bound , Amidst the Seas , and Fountains now unfound , ( Self hid within the womb where they were bred ) Neck-high advanceth her all-bearing head , ( Her parched fore-head shadow'd with her hand ) And shaking , shook what ever on her stand , Wherewith a little shrunk into her brest ; Her sacred tongue her sorrows thus exprest . If such thy will , and I deserve the same , Thou chief of Gods , Why sleeps thy vengefull flame ? Be 't by thy fire , If I in fire must fry ? The Author lessens the Calamity . At length , Our Mother Earth being a fellow sufferer in this hot persecution , lifteth up her parched head out of the waters , gathered together for her defence , and holding her hands as a Fan before her face , Thus powreth forth her dolefull grief , O God of Gods ! If this be thy pleasure , and my deserts , Why sleep thy thunderbolts ? If I must perish by fire , Let thy fire be my Executioner . And so credit my death ; Thee , O Jove , being the Author . Dixerat haec tellus , neque enim tolerare vaporem Vlterius potuit , nec dicere plura suumque Retulit os in se . This said , her voyce her parched tongue forsooke , No longer could she smothering vapours brooke , But down into herself with drew her head Near to th' infernal Caverns of the dead . When shee had done prayers , she shrunk in her venerable head , for heat would not permit her to use Complements . Which Oration no sooner came to Great Jupiters ear , but he presently sends relief . At Pater omnipotens superos testatus & ipsum Qui dederat Currus , Consiliumque vocat , tenuit mora nulla vocatos . The Almighty calleth a Parliament , Summons ●n both Lords and Commons to the Counsel ; For ●lthough none can deny but that the Omnipotent hath an absolute power , without the consent of ●he Inferiour Gods , his subjects , both to abrogate ●ld , and institute new Laws ; yet such is his Royal indulgence , that he will do neither without their consent ; Yet search the Catalogue of Antiquity , and you will never finde a President that his Lords or Commons did ever dispute his authority , much less assume his power , and pluck the Regal Diadem from off their Soveraigns head . It is his goodness which makes them capable of a Consent , his Statutes are binding without it . But to return , Jupiter determins the death of Phaeton , and dasheth him out of the Chariot with a violent thunderbolt , and re-establisheth Royal Phoebus in his Throne . Intonat , & dextra libratum fulmen ab aure Misit in aurigam , pariterque animaque rotisque Exuit , & saevis compescuit ignibus ignes . Et Phaeton rutilos flamma populante capillos Volvitur in praeceps . He thunders , and with hands that cannot erre Hurls lightning at the audatious Charioter , Him strook he from his seat , breath from his brest , Both at one blow , and flames with flames supprest . And soul-less Phaeton with blazing hair , Shot headlong through a long descent of air . Now have you seen both the ascention of Phaeto● into the Chariot , and his descention out of it . M● prayers shall be , that I may never rise so high t● fall so low . But the greatest Tyants in the world , have oftentimes the greatest pompe of the world at their funeral , to compleat their earthly happiness . Therefore Reader take his Epitaph , and consider whether it is not better to live a faithfull subject , then dye a bold adventurous Traytor . Hic situs est Phaeton , Currus auriga paterni Quem si non tenuit , magnis tamen excidit ausis . Here lies Phaeton , who though he could not guide , His Fathers steeds , in high attempts he dyed . The Entrance of the AUTHOR , who complaining of the times ; wherein the good are ejected , and the wicked kill and take possession , sheweth that those who unjustly , against law , are driven out of their own Country , are not banished ; But that those who are unjust , acting against right , and deserve banishment by law , are banisht , though they continue upon their native soil . With an Antidote out of venerable Petrack , for all , aswell Kings as other men , who are illegally expelled from their Country . THus ended Phaeton , and consequently the History with him : from whose ruins I will take my Exordium . And Exemplo monstrante viam , imitating my Mother Earth in her persecution , shal● first lift up my head and hands , to the God o● Gods , and begin with a short Ejaculation , though in King Davids words , yet the same in effect with hers : Summe Deum ! liceat periturae viribus ignis ? Igne perire tuc , clademque autore levare . Be 't by thy fire , if I in fire must fry ? The Author lessens the calamity . Let me fall into the hands of the Lord ( for very great are his mercies ) but let me not fall into the hands of man. O happy David ! O happy Prayer ! O happy Success ! He Prayed that if he must perish by the Sword , that he might perish by the Sword of the Lord , viz. the Pestilence , and doubtless the Pestilence is a harmless dove , if compared to the raging violence of lawless man. For who can without horror think what cruel torments and hideous tortures , bloudy Tyrants have invented for the punishment of poor Innocents . I will not stain my paper with their names , being so well known and so ill practised . Audax omnia perpeti gens humana ruit per vetitum nefas . Nothing comes amiss to them . Take a view of the preceding ages , and you shall finde some Caines , some bad , in the best of times , no garden without some weeds , no roses without some thorns , and no field without some tares ; But take a glimpse of our age , and without the help of Spectacles , you may see , our scarlet sins swiming upon the red Sea of Martyrs blood in every street . The whole field is grown over with briers and thistles , and all are become abominable , there is none that doth good , no not one . Vir bonus & sapiens , ( qualem vix reperit unum , Millibus e cunctis hominum consultus Apollo . ) If Diogenes had the Sun to be his Candle , and the eyes of the whole world to be his Lanthern , he could not finde amongst us the man he lookt for , so many ages since . All such are become Exuls , though not exleges . And since we meet with an Exul in the way , Let us salute him by his proper name ; and first describe what he is not , and then what , and who he is . Ovidius . Omne solum forti patria est , ut piscibus aequor , Et volucri vacuo quicquid in orbe patet . Though many good and prudent men , by the fierce Tyranny of others are forced from their native soil , and hunted from place to place , like the panting Hart , by the multitude of raging hounds , yet will they not own the name of Exuls , but Travellers : esteeming it the part of a pusillanimous Spirit , not to make every part of the world their Country , and account the whole world as one city . Such was Camillus , and Marcellus , and many other antients , whom time and paper would fail me here to Catalogue . But I need not rip up antiquity , for such examples , enough , and one too many doth our iron age afford . But as little birds , though hatched in as little nests , make all the earth their habitations , so wise and valiant men account the whole world , as their private dwelling . Fools are banisht in their own Country , wise men are in their own Country though banisht , and by their travels obtain such learning , as if their banishment had been their Vniversity : so much for what an Exul is not . Let Cicero ( who best could ) tell you what and who he is , and least you should mistrust that I belye him . For , — Fugiere pudor , verumque fidesque , In quorum suliere locum ; fraudesque dolique ; Insidiaeque & vis & amor sceleratus habendi , — Shame , truth , and faith depart , Fraud enters ignorant in no bad art , Force , treason , and the love of wicked gain Is the motto of our times , The Father cannot believe his Son , nor the Son his Father , he is wisest that can forge the most beneficial lies , and lies are become the ammunition of our age . Therefore hear him in his own Dialect . Omnes scelerati & impii , quos leges exilio affici volunt , exules sunt , etiamsi solum non mutant ; All wicked and impious persons , which deserve banishment by law , are exuls , Though they continue upon their native Country : Sure I am they are exleges ; But since there are many in the world that are driven from their own native soil , whose virtue will not suffer them to esteem it a banishment ; but rather a tryal to exercize their fortitude : Yet , confident I am , as an unfaigned lover , whose Mistress hath abandoned him from her presence , whereby he contemneth her , because shee contemneth him , yet if once shee open her pleasant arms to receive him , forgetting all her former injuries , he presently imbraceth her ; and is capable of no greater joy : so they who are so exiled would willingly return if their hard-hearted Country would once receive them , For , Nescio qua natale solum dulcedine cunctos Ducit , & immemores non sinit esse sui . Home is home , though it be never so homely . Therefore let all those who labour with this disease of banishment , apply themselves to reverend Petrack , de exilio , where they may finde an Antidote , let their malady be of what nature soever . And since the Physitian is so learned , his Physick so good , and the disease so obvious , behold the Physitian and his patient arguing together ; assuming the names of Dolor and Ratio , and first the Physitian . Ratio . Terra patris domus est nostri communis , & inqua Sedibus a patriis exulat omnis homo . Dolor . Exilio pellor injusto R. Quid tu igitur justo pelli malles exilio ? Nempe quod ad injuriae cumulum ais , in diversum trahitur ; habes enim injusti exilii solatium comitem Justitiam , quae injustos cives destituens , te sequuta tecum exulat . D. Injusto exilio pulsus sum . R. An te rex expulit ? an Tyrannus ? an populus ? an hostis ? an tu ipse ? Nam si rex ; aut injustum exilium non erit , aut ipse non justus : at que ita nec rex quidem . Si Tyrannus , ab illo te pulsum gaude ; sub quo boni existant , fures imperant . Si populus , moribus ille suis utitur ; bonos odit , & hic quoque multiceps Tyrannus nunquam sui similem pepulisset . Non te igitur patria , sed malorum caetibus arceri , neque in exilium , sed in partem bonorum civium cogi putes . At si hostis , agnosce injuriae levitatem ; non hostiliter saeviit , qui omnia cum possit , patriam abstulit , spem reliquit . Sui tu ipse , mores populi peresus ; aut Tyranni abitum elegisti , non modo te doleas , sed etiam gloriare , virtutem patriae praetulisse ; non tu flebilem , sed honestam , & prorsus invidiosam , bonis atque optabilem , non jam exilii , sed absentiae causam habes , sponte Pythagoras Samon liquit ; Athaenas Solon ; Romam Scipio . D. Depellor & patria . R. Pulsum te pessimi● , optimis insere , neque te patria , sed patriam te indignam rebus proba . Sentiat illa , quid perdidit . Tu nihil perdidisse sentias : mali cives tui odio , simulque praesentis odio ac suspitione careant : boni autem amore absentis ac desiderio teneantur , sequanturque oculis , atque animis abeuntem , illi se solos linqui doleant . D. Mittor in exilium . R. Immo in experimentum tui videris , quem te in exilio praebeas ; si succumbis , exul verus ; si consistis , exilio clarus , ut multi olim , qui invicti & fulgidi per asperitates incesserunt , ut sequentibus rectum iter ostenderent . Sine Tyrannos saevire , sine populum furere , sine hostes , ac fortunam fremere . Pelli potes , capi , caedi , perimi , vinci autem , nisi manum extuleris , non potes , neque ornamentis tuis spoliari , cum quibus quocunque ieris , & civis , & patriae Principum unus eris . Sorrow . I am unjustly driven into banishment . Reason . What hadst thou rather than be justly banished ? For as touching the heap of injuries whereof thou speakest , it is taken in the contrary part , and now thou hast justice to be thy companion , which shall be a comfort unto thee in thy unjust banishment , which forsaking thy unjust Countrymen , hath chosen rather to follow thee into exile . Sorrow . I am banished unjustly . Reason . Hath the King banished thee ? or a Tyrant ? or the people ? or an enemy ? or thou thy self ? If the King , either thy banishment is not unjust ; or he himself is not just , and so by consequence no King. If a Tyrant , rejoyce that thou ar● banished by him , under whom good men are exiled , and Theeves are set in authority . If the people , they use their old manner , they hate the virtuous , among whom if this many-headed Tyrant had found any like themselves , they would never have banished him : Think not therefore that thou art expulsed thy Country , but removed from the fellowship of wicked persons , and that thou art not driven into exile , but received into the Country of good Citizens . If an Enemy , acknowledge the lightness of the injury , for he hath not dealt extreamly with thee : he that could take from a man all that he hath , and hath taken but his Country , hath left him hope . But if thou thy self , the cause is , that falling into misliking of the people , or Tyrant , thou hast chosen to depart , not only because thou wouldest not be sorry ; but also vaunt thy self for preferring the honour of thy Country . So that now thou hast not a miserable , but an honest cause , not of exile , but of absence , hateful to the wicked , and grateful to the virtuous . Pythagoras voluntarily forsook Samos , and Solon Athens , and Lycurgus Lacedemon , and Scipio Rome . Sorrow . I am driven from my Country . Reason . Being driven away of the worst , insinuate thy self into the Company of the best sort , and make it evident by good proofs , that thy Country was unworthy of thee , and not thou of thy Country . Let it perceive what it hath lost , and know thou how that thou hast lost nothing : Let the evil Citizens want the wearisomness , and also the hatred and suspition of thy presence , and let the good persecute thine absence with love and desire , and with their eyes , and minds , follow after thy departure ; let them be sorry for that thou hast forsaken them . Sorrow . I am sent into exile . Reason . Nay rather to try thy self . Beware how thou behave thy self in thy exile ; if thou faint , then art thou a very banished wight , if thou stand stoutly , thy banishment will ennoble thee , as it hath done many other before thee , who passed invincibly & honourably through difficulties , to the end they might shew the right way to them that came after . Let Tyrants rage , let the people chafe , let thine Enemies and Fortune fret and fume : thou maist be driven away , taken , beaten , slain ; but thou canst not be overcome , unless thou yield up thine hands , nor yet be despoiled of thine Ornaments ; by means whereof , whithersoever thou goest thou shalt be a Citizen , and one of the Princes of thy Country . The Certain incertainty of Fortune , who crowns Coblers , and beheads Kings : Advice to the prosperous , to beware Insolency , and to take heed lest they fall . Comfort to the miserable , to keep them from despair , with several remedies to cure the maladies of a troubled minde , being Physick for both , Fortunes good , or bad . HAving sheltered the banished , from the tempests of a forraign exile , Let us arme him against the Changeling Fortune . Constant only in inconstancy , according to mellifluous Ovid. Passi●us ambiguis Fortuna volubilis errat Et manet in nullo certa tenaxque loco : Sed modo lecta manet , vultus modo sumit acerbos : Et tantum constans in levitate sua est . She wandereth about the Earth , making all men Tenants at will of their possessions , and as a whirlwind bloweth up dust on heaps & then scattereth it about : so she puffeth riches to a man , & then puffeth both man & riches away together . Quem dies vidit veniens superbum , hunc dies vidit fugiens jacentem . Whom the rising Sun saw as glorious as himself in the morning , the setting Sun often seeth as low as himself in the evening ; Therefore let not them glory in their prosperity , who raign in the palace of Fortune , triumph over their enemies , and have success to crown their actions , whether they be just , or unjust . Nempe dat & quodcunque libet , Fortuna , rapitque Irus , & est subito , Qui modo Craesus erat . Fortune dealeth with men as a wheele with its spoaks , turneth those lowest which even now were highest ; She throweth down Kings , and setteth up Beggars , he who even now was but a servile Cobler , is by and by metamorphosed , and translated , into his Soveraign Master — Ex humili magna ad fastigia rerum Extollit , quoties voluit Fortuna jocari . It is her sport to promote fools , to lift the Peasant from the plough to the Throne , to set the frogg upon the washing block , and elevate him to the highest point of honour , that she may break his neck down again . Tolluntur in altum ut lapsu graviore ruunt . They are lifted up for no other cause , but that their fall might be the greater ; Therefore my advice is to all those ( if advice may have the honour to look upon them ) who have their hearts desire in all things , and want nothing of this world to make themselves compleatly happy , to remember in the midst of their prosperity King Craesus ( if they will vouchsafe to let a King come into their thoughts ) Who when he was esteemed the most happy of all mortals , both for riches and peace , was admonished by Solon , Neminem ante cineres beatum dicendum , quod quoad vivimus , periculum sit , ne instabilis hujus mundi foelicitas dolore aliquo contaminetur . That no man before death could be said to be happy , because whilest we live , it is a chance , but that the foelicity of this unstable world , will be blotted out with the black pen of misery ; which sentence of Sclons , the Calamity of Croesus did afterwards declare most true ; For he being conquered by Cyrus , and chained to the stake to be burned , remembring the wholesome saying of his friend Solon , did cry out Solon , Solon , Solon ; at which Cyrus much wondering , asked him which of the Gods or men he did invoke , and what was his meaning , Cyrus being informed of the whole matter , and put in minde of humane vicissitudes , delivered Craesus from the flame , and ever afterwards had him in great esteem , fearing lest the like calamity might fall upon himself ; so when Sesostris King of Egypt being drunk with good fortune , and lifted too high with his great successes against his enemies , caused four Kings taken prisoners to draw his triumphal Chariot ; wherein one of them looked back with smiles to the wheel of the Chariot , and being demanded his reason for it , answered , That he smiled to see the spoak of the wheel , now at the top to be presently at the bottome , and again , that which is now at the bottome , to be by and by at the top . Which when the King heard , considering the mutability of all earthly things , his haughty spirit was not a little mollfiied . These relations I thought good here to insert , that the mighty and dreadful men of the world , who have got the power of the Sword into their own hands , taking Cyrus for their example ( whose example will be no disgrace for them to follow , though he was a King , for he was likewise a valiant Souldier ) might not exercise Tyranny over their vanquished enemies , especially over their own fellow subjects . Cain purchased little honour by the murder of his brother Abel . Though the Heathens appeared as glorious as the Sun at their triumphs after the conquest of a forraign enemy , yet mourning was their habit instead of triumph , after a victory obtained in a civil war : when two Noble men were convicted for affecting and aspiring to the Empire of Titus Vespasianus , he proceeded no farther against them , than to admonish them to desist , and give over ; saying , that Soveraign Power was the gift of Destiny , and Divine Providence ; If they were Petitioners for any thing else , he promised to give it unto them . For Melius est servare unum quam occidere mille , It is better to save one , then to kill a thousand , is a saying worthy to be written in letters of gold , but more worthy to be put in practise . O blessed Conqueror , that is thus qualifyed ! O blessed prisoner that hath such a victor ! Having pruned the fortunate , let us now stoop to the miserable , whom fortune hath cast to the lowest stair of affliction , Nemo desperet meliora lapsus prohibet Clotho stare fortunam ; vicissitude o● Fortune is sufficient argument , to keep the unfortunate from despair ; for though the highest spoak of the wheel be turned lowest , yet it doth not tarry there , but presently returneth to its former heighth , Non semper imbres nubibus hispidos manant in agros . Though it rain one day , the Sun may shine again the next . No storm without a calm , nor no Winter without a Summer . Post tempestatem tranquillitas ; The North-wind which bloweth cold , may quickly turn into a warmer corner . Weeping may indure for a night , but joy cometh in the morning , Psalm 30. vers . 5. But if the brevity of time , will not give ease unto thy malady , declare thy grief ; a disease well known is half cured . What art thou robbed of all that thou hast ? Consider what thou broughtest into the World , and thou hast lost nothing , this thou hast got , the means to wean thee from things below , and if thou wilt to set thy mind on things above . Art opprest with sickness ? The sickness of thy body may prove the welfare of thy soul , Thou learnest to pitty others , and knowest that thy earthly cottage is not invincible . Doth poverty knock at thy door ? Let her in , shee will teach thee to be humble , keep thee from envy , and lock thee up secure ; It is better meekly to entertain her , then proudly to oppose her . Art born a bondman ? There is no bondage like that to sin , cast of that and thou art free , it is better to be born a bondman , and dye free from sin , than to be born a freeman , and dye a bondslave to Satan . Is thy fare thine ? Thou hast avoided two sins , gluttony , & incontinency . Thou hast wydened the way to virtue , Though streightened the passage to thy belly ; Hunger nourisheth arts , and a full belly is the ensign of an empty head Bonae mētis soror est paupertas . Art thou poor and over-burdened with children ? Children are riches , then how canst thou be poor , amongst so many jewels ? acknowledge thy blessing and give thanks , and He that feedeth the fishes of the Sea , the fouls of the Air , and apparelleth the flowers of the Field , will both feed , and cloath thy children ; It was harder to raise them to thee , than to provide food for them . Art thou rich and childness ? He that created thee , can create thee children . Sarah had a Son in her old age . In the mean time , make thy self the child of God , and thou art better than if thou hadst many children . Hast thou lost thy mony ? Thou hast exchanged fears , and cares , for quietness and carelesness , liberty is better then golden chains , Thou hast but paid fortune that which she lent thee , For omnia tua tecum portas , Thou canst not truly be called Master of that , whereof fortune is mistress . Art thou become a surety ? Thou art near a shrewd turn , henceforth give away all that thou hast , rather than thy liberty ; In the mean time , let thy hand discharge that which thy mouth hath set on thy score ; It is no charity to pluck a thorn out of another mans foot , to put it in thine own . Hath nature made thee deformed ? Let the deformity of thy body , put thee in minde of the deformity of thy soul ; Depart from sin , and adorn thy soul with virtues , as for thy body it is the work of Gods hands . Beauty is at best but a fadeing vanity , profitable to none , hurtful to many , and perhaps might have been thy destruction . Pulchrius est pulchrum fieri quam nasci . Si mihi difficilis formam natura negavit , Jugenio formae damna rependo mea . Hast thou lost thy time ? Thou hast lost an invaluable pearl , which cannot be re-called , nor superseded by riches , or honor . But it is never too late to repent , lose time no more , and thou hast made amends . Hast thou lost thy betrothed mistress ? He that loseth his wife is delivered of many cares , but he that loseth his spouse , is preserved : both of these are good , but the last is the best . Therefore grieve not too much , lest thou lose thy self . Hast thou buried thy wife ? Thou hast buried her on earth , who first buried thee in the grave of sin , in Paradise ; couldest thou be rid of sin , as thou art rid of her , Thou hadst cause to rejoyce : and had shee not brought thee a Saviour , thou hadst had cause to repent , that ever thou sawest her . Hath Infamy blasted thy name ? If it be deserved , lament not the Infamy , but the cause of the Infamy : But if it be undeserved , contemn the errours of men with a valiant courage , and comfort thy self with the testimony of a good conscience , It is better to be innocent and slandered , than nocent and applauded . Hast thou many enemies ? If they profess it openly , thou art armed , if they keep it secretly , thou liest open to danger ; be thou a friend to justice , and God will be so much a friend to thee , as to deliver thee publickly from thy private enemy ; none are so pernitious enemies as flattering friends . Hast thou lost an occasion to revenge ? Thou hast let fall a Snake out of thy hands , take heed thou take it not up again . O happy loss whereby thou hast saved thy soul ; vengeance belongeth unto God , Forgiveness unto thee , if thou intendest to be forgiven . From this lost occasion , take occasion never to have such an occasion of revenge to lose . Hath thy friend forsaken thee ? Better he forsake thee , than thee him ; for then thou hadst been guilty of his fault . The loss of his friendship , perhaps may make thee seek after Gods friendship , which if thou finde thou hast made a good exchange . Do thy people hate thee their Soveraign ? This beast is prompt to injury , and slow to duty . The Commons love is light , and their hatred heavy . There is nothing more forcible than the multitude of fools ; whereas publique fury pricketh forth the rage of every private person , and the rage of every private person kindleth the publique frantickness , and one of them enforceth another : Beware , there is nothing more dangerous than to fall into their hands , whose will standeth for law , and headlong outrage for discretion . Art thou contemned ? Inferiours contemn their superiours , thinking , by casting dirt upon them , they beautify themselves , and some men have no other way to patch up their own credits than by picking holes in the credit of others ; If it be justly , thou hast cause , I confess , to be sorry , notwithstanding thou must endure it ; but if unjustly , thou mayst laugh at it . For there is nothing more ridiculous , nor that hapneth more commonly , than for a wise man to be contemned of mad men . Dost thou complain that promisses made unto thee , are late in performance ? words are cheaper than deeds ; Hence learn punctually to perform thy promisses to others ; nothing more debaseth a gift than an hard graunt , and a slow performance ; bis dat qui cito dat . Art thou subject to a Tyrant ? Thou fearest one , he fears many ; God suffereth him like Pharaoh to scourge thee for thy instruction , but for his perdition , when he hath done he will burn the rod. Iniqua nunquam regna perpetuo manent . Hast thou an unruly proud scholar ? Pride is an enemy to learning . Whip out his arrogance , o● else for wit there will be no entrance ; If thou art not able to remove his pride from him , remove him from thee ; Hale in thy sayles and go to shore . Thou nourishest up a Serpent , and tillest a venemous plant , yea thy utter enemy . Dost thou suffer an hard Father ? A hard Father maketh a soft and gentle Son , correction is thy profit , and chiding is thy gain ; remember that he is thy Father , and thou art his Son ; It is his duty to chastise thee , and thy duty to obey him ; he that spareth the rod spilleth the child . Hast thou a rebellious Son ? If thou wast the cause , thank thy self . If thou wast his pattern , consider what thy Father suffered by thee . Amend him if thou canst , if not , love him , because he is thy Son ; If not for that cause , then for that he is a man ; if thou canst not love him , pitty him ; as severity belongeth to a Father , even so doth compassion . Hast thou a malapert wife ? thou hast an evil thing . Chastise her , if chastisement will avail , but if it be in vain , arm thy self with patience , and endeavour to love her ; There is nothing more comfortable than to do that willingly , to which one is constrained , levius fit patientia Quicquid corrigi est nefas . Hath thy dying Mother forsaken thee ? She hath not forsaken thee , but is gone before thee , Thou hast yet another Mother , who will not forsake thee , if thou wouldest , from the first thou canst , and unto the second shalt thou return , The first gave thee house roomth , the space of a few months , the other shall give thee lodging the space of many years ; the one of these gave thee thy body , the other shall take it away ; but as from the first , so from the second shalt thou arise . Dost thou weep for the death of thy son ? If thou wouldest have wept at his death , thou shoulst also have wept at his birth , for then he began to dye , but now he hath done . Thou knewest thou shouldest get a mortal Son , and dost thou now repent it ? he stept before thee , happy wert thou if thou hadst stept before him . Is thy friend dead ? bury him in thy remembrance , and so shall he live with thee for ever ; O happy friendship , which continued untill the end . Hadst thou lost him by any other means , than by death , then hadst thou not lost a friend , but a false opinion of friendship . Dost thou mourn because thou didst narrowly escape shipwrack ? Rejoyce rather that thou didst escape , and hereafter , since thou art an earthly creature , learn to keep the earth , and rather to affect Heaven , than the Sea ; though thou dost suffer shipwrack both of thy body and goods in thy voyage to Heaven , yet if thy sould do safely arrive , thou shalt have no cause to mourn . Did thy harvest miss , and thy land lye barren one year ? Let the barrenness of thy land , put thee in minde , of the barrenness of thy soul ; if thou sowest but one seed , and reapest not ten fold for it , thou mournest ; God soweth much and reapeth nothing , what shall he do ? It is the plenty of thy fins , which causeth the barrenness of thy land . Dost thou dwell in a narrow little house ? great Princes have been born in small cottages , thy heavenly Soul dwelleth in a little house of clay ; think upon the narrowness of thy grave , and thy house will seem very large . Art thou shut up in an unworthy prison ? death will set thee free , and we are all Prisoners till then· Better is an unworthy prison , than unworthy liberty , and happier is the innocent prisoner , than the corrupt Judge , who put him there . Dost thou fear thou shalt lose the victory ? thou art half conquered already ; fear is always an evil guest of the minde , but a much more worse companion in warr ; There is no greater incouragement to an army , than a fearful enemy . Hast thou lost a Tyranny ? O happy loss ! O happy people ! where Tyrants are dismounted , and Thrones lawfully established . Prosperity enters when Tyranny hath it's Exit . It is a burden to the Commonwealth , most grievous , to the Tyrants dangerous , to no good man profitable , hurtful to many , odious unto all men , and comfortable only in it's brevity , for violenta nemo imperia continuit diu . Have thy subjects betrayd thee ? Not subjects but Rebels . They have undone themselves by doing thee out of thy Kingdom . They have betrayed thee , but cast away themselves ; pricked thee , but they are wounded , and in spoiling thee have slain themselves . For perchance thou hast lost thy Kingdome or thy wealth , but they have lost their souls , their fame , the quietness of Conscience , and the company of all good men . The Sun shineth not upon a more wicked thing than is a Traytor , whose filthyness is such , that they which need his craft , abhorre the craftesman , and others , which would be notorious in other sins , shunne the shame of this impiety . Providence bestoweth her blessings with blinde hands ; Prosperity doth not alwayes joyn hands with goodness , neither is Adversity a true sign of illegality ; Good Kings may perish whilest wicked Rebels flourish . David was forced by ungodly Traytors , to flee from his Country ; Therefore our King may be a man after Gods own heart , yet wrongfully driven from his own . HAving given the unfortunate , an Antidote , Let us apply this Cordial , That goodness is not an unseparable incident to prosperity , success is no invincible argument that the cause is good . Goodness and greatness are not alwayes companions . Though Foxes have holes , and Birds of the air have nests , yet our Saviour the King of Kings had not where to lay his head . King David , though a man after Gods own heart , was not without his troubles , but had many infoelicities . Though the subtile Foxes with their deceitful wiles , banish our King from his Sacra Patrimonia , his sacred Patrimony , ( for so the possessions of Kings are called ) and make him wander up and down like a Pelican in the wilderness ; yet this is but like Jobs afflictions , to make him the more glorious ; The top which is most scourged spinneth the better , and the blustering windes make the Tree take the deeper root ; The Camomile the more it is trodden on the better it groweth , and the Palm depressed riseth the higher : so the afflictions of our Soveraign shall extol his renown the higher , and like a ball thrown against the ground , shall rebound , and fly with more lofty Majesty ; For why ? his goodness doth increase by his misery , and his Royal virtue , like grass after a shower , shall florish more gloriously : God let Daniel be thrown into the Den , to encrease his honour , and chasteneth the Children which he loveth , onely for their good . What though cross gales drive us from our intended Haven ? And our hearts fail of all our desired injoyments , so that blinde Fortune only striveth to make us miserable , in prohibiting us from all our pleasing wishes ? Yet is this no argument , that we are sinfull , or that our desires are prophane . What though a man be born blinde , and so continue from his birth to his death ? Yet neither may this man have sinned , nor his parents ; But that the ( John 29 ) works of God might be made manifest . Can any one have the impudence to say that the King is wicked , and that his cause is naught , because the multitude of reprobates prevail , and through the mightiness of their villanies subdue all that is good ? So may they argue that the Jews were Saints , when they murthered our Saviour , and that the Devil was an Holy Angel , when he spoiled Job . No , God correcteth the pious , that he may preserve them , and permitteth the designs of the wicked to coach them to their own destructions . He letteth Rebels dethrone their Soveraign , and pull the earthly Crown from off his head , that he may crown him in Heaven with everlasting glory . The meanness of the case doth not diminish the lustre of the Jewel , and Christ was a King though in the manger . Seneca in Hyppolito . — Res humanas ordine nullo Fortuna regit , spargitque manu Numera caeca , pejora fovens . Fortune doth not alwayes signally attest the design of such a party , or the justnes of such an action to be righteous , by permitting it to prosper , and taper up into the world ; the Sun shines upon the bad aswell as the good , and the rain makes their corn to grow oftentimes more plentiful than the righteous mens , which makes the wicked glory in their actions , and scorn all those as Atheists , who will not Canonize them for Saints . Honesta , quaedam scelera successus facit . If success doth but attend their enterprises , let them be never so impiously wicked , all the Logick and Rhetorick in the world cannot perswade them , but that they are most sacred and righteous ; such is their profound ignorance , and blind zeal , That if the Devil put it into their hearts to murder their lawful King and Soveraign , and likewise assist them to effect it , they think they do God good service , and punish all those with an Egyptian slavery , who will not be of their opinion , although expresly against God his Commandments , viz. Fear God , honour the King , 1 Pet. 2.17 . They make God to be even altogether such a one as they are , in crying , that it is Gods cause , even , when they commit the greatest Sacriledge , Persperum ac faelix scelus virtus vocatur , a mischief neatly effected , is one of their chiefest virtues . This indeed made King David to stagger , nay his steps had wellnigh slipt , when he saw the prosperity of the wicked , when he considered , that they were not in trouble as other men , nor plagued like other men , Their Eyes stand out with fatness , they have more than heart could wish . This made him cry out , Verily , I have cleansed my heart in vain , and washed my hands in innocence ; But when he went into the Sanctuary of God , Then understood he their end ; For , Surely thou didst set them in slipery places , Thou castedst them down in destruction : How are they brought into desolation , as in a moment ? they are utterly consumed with terrors , as a dream when one awaketh : So O Lord , when thou awakest , thou shalt despise their image , was his next vote . Prov. 1.30 . They would none of my Counsell , they despised all my reproof ; Therefore shall they eat of the fruit of their own way , and be filled with their own devices , for the turning away of the simple shall slay them , and the prosperity of Fools shall destroy them . Thus you see that prosperity is sometimes a curse , and no blessing . To those beasts we intend to kill , we commonly allow the best pasture ; And surely those men are better acquainted with Mahomets Alchoran , than our Saviours Gospel , who will not be convinced , but that temporal happiness is the true index of Divine favour . God scattereth his outward blessings upon the wicked aswell as on the good , because if Virtue and Religion should only appropriate riches , more men would become virtuous and religious for the love of mony and wealth , than out of any love they did bear either to Virtue , or Religion . Maro . O fortuna potens , quam variabilis , Tantum juris atrox quae tibi vindicas , Evertisque bonos , erigis improbos ? Nec servare potes muneribus fidem . Fortua immeritos auget honoribus . Fortuna innocuos cladibus afficit . Justos illa viros pauperie gravat . Indignos eadem divitiis beat . Haec aufert juvenes , & retinet senes , Injusto arbitrio tempora dividens Quod dignis adimit , transit ad impios , Nec discrimen habet rectaque judicat , Inconstans , fragilis , perfida lubrica : Nec quos deseruit perpetuo premit . Therefore let not those despair whom blind Fortune hath kicked into any mishap , nor measure the justness of their actions by the quantity of success ; Though the voyce of the world censure it , For it is not the event which makes it good or bad . — Careat successibus opto Quisquis ab eventu facta notanda putat . The Authors Resolution , and Reason to write , The wickedness of the times ; Wherein men will have no King , unless they may be Kings themselves , nor no Bishops , only because they are not Bishops . Tyrants , and Traytors , reign by force , Kings by the love of the people . The definition of a Commonwealths-man , with all his properties , and the deceitfulness of a Parliament , be it long or short . Englands degeneration , and the death of the Laws and Religion , with an Incitation to solemnize the funeral . NOw it is time to resolve the Quaere couchant in the Prologue , Eloquar an sileam ; timor hoc , pudor impedit illud ; Whether I should speak or be silent . When I consider the perills of the times , wherein no man can speak his own conscience without offending those , who will give him blows for words , Then Timor hoc . But , Jam tua res agitur paries cum proximus ardet , when I see my neighbour his house on fire , and my own next to it , when all men are asleep in sin , and none to awake them , Then pudor impedit illud . For , Non mihi si centum linguae sint oraque Centum , Omnia culparum percurrere nomina possum , If I had a thousand tongues , and so many mouths , I could not vilify our iron age according to its deserts ; Me thinks , as if souls according to Phythagoras his opinion , descented from one man to another , I see those ancient Tyrants , or their black souls in worser images , acting their bloudy parts upon the stage of the world , and sounding out their hellish edicts . Here is Caius Caesar Caligula with his detestable motto in his mouth , Oderint dum metuant , Let them hate me so they fear me : He forced parents to be present at the execution of their own children , and after he had well drunk and eaten , took pleasure to cast his friends into the Sea , from on high from a bridge , which he built . He wished that his people had but one neck , that he might chop them off at a blow , vox Carnifice quam Imperatore dignior ? A Speech fitter for an Hangman , than an Emperour ; When a prisoner being fearfull of the cruel Torments , with which the Emperour would murder him , had taken poyson to prevent him , What sayes he , Antidotum adversus Caesarem ? Is there any Antidote against Caesar ? How many poor innocents being condemned to dreadful deaths , by the Tyrants of our age have poysened themselves , to prevent their undesetved punishments ? And when his Grand-mother Antonia seemed to give him some admonition ; Memento , ait , omnia mihi in omnes licere . I would have you to know , saith he , That I can do any thing , a true Character of a Tyrant , for what will not hee do ? But doubtless the love of the people is the best guard for a King , Magnum Satellitium Amor. And that which ones natural lawfull Soveraign would most look after . For , ●num est regi inexpugnabile munimentum , amor Civium . It is not fear , and force , nor Troops of Dragoons , and Red-coats that are the surest holds for Governours ; but the benevolence , hearts , and love of their subjects . Caesar , dando , sublevando , ignoscendo gloriam adeptus est . Rulers have no greater enemy , than the fear and envy of the people . For , Quem metuunt oderunt : Quem quisque odit periisse expedit . Whom we fear , we hate , and whom we hate , we study and desire his death . But behold , Aulus Vitellius , Bonus odor hostis , melior civis occisi . An enemy slain hath a very good smell , but a Cittizen far better : O black abominable Tragical and Tyrannical speech ! And did not our age swarm with such horse-leaches , we should never suck the blood one of another , so as we do : But that you may hate the very name of Tyrants , and abhor their actions ; Hearken a little to Flavius Vespasianus and his Councel , how impiously they consulted , and first Vespasian , Lucri bonus odor ex re qualibet , It is gain which makes the smell so good for a slain Citizen or enemy ; No actions so hellish , if it produce profit , but that it is a virtue to attempt it , and the reason is , Omnis in ferro salus , because all our hope and health is in the sword : for whilest we have that in our hands , what law or Religion dares oppose us ? no disputant like the sword . Exeat aula qui volet esse pius : virtus & summa potestas non coeunt : semper metuunt quem save pudebunt . Let him depart from our Courts and Counsel , who is so simple that he must nee● be pious , Godliness is a great hinderance to o● profession , and he is a Coward who is ashamed to act wickedly , Sibi bonus aliis malus , saith an other , He is a fool , who thinks that any one can lose so he gets ; Let us be good to our selves , and all is well . There be some simple innocents , who cry , Melius mori , quam sibi vivere , It is better to dye , than to live only for our selves : But if such be their Doctrine , let them get for others , for us if they please , and starve themselves . Let us carve for ourselves , Proximus ipse mihi , Charity begins at home , and he is an Ass that carrieth a burden for another . Others there be of the same stamp , and both alike simple , who say , Dulce est pro patria mori , It is sweet to dye for ones Country ; let such good natured fools tast of that sweetness , and dye for their Country ; our lives are sweet , and not so to be fooled away ; It is sweet for our Country to dye for us . But Pestis reipublicae literae , saith another of the Counsel ; we shall never carry on our affairs handsomely , so long as we have so many Lawyers , and Gospel men amongst us , the highest step to our promotion , will be to lay them on their backs , and I think the nearest way to dispel the cloud of black Coats , will be to throw down their Universites , and take their tithes and lands away from then ; As for the Lawyers perhaps we may bribe them , but if not , I am sure , they will rather turn than burn ; To what we cannot perswade them with our tongues , we will compel them to with our swords . For Law , Learning and Religion , are as so many plagues and poysons t● Commonwealth . And Qui nescit dissimulare nescit imperare , He that cannot dissemble shall be no Commonwealths-man ; for to tell you the truth , Dissimulation , cogging , and lying , is the foundation of our government ; and if the foundation be taken away , every one knows the superstructure cannot stand ; Therefore to deal plainly with the world , let us cover our worst actions with the best pretences , and ravish the people with the pleasing and specious names of Liberty and Religion , when we intend the extirpation of both ; Let us imitate Tereus , who so neatly dissembled piety , that when he acted most against it , the people did Saint him , — Ipso sceleris molimine Tereus Creditur esse pius ; And doubtless he was no mean Cowmonwealths-man . Let us hold a fair correspondence with all Religions , but be sure to lead the Van in the most prevalent ; it matters not whether it be true or false , let them look to that , who intend to obtain eternal advantages of it , we look no further than to enjoy the temporal . A Bird in the hand is worth two in the bush . It is the greatest obstacle to generous actions , not to personate that Religion , which will serve ones purpose best , be it Canonical or Apocrypha ; and doubtless that Religion , which brings the greatest profit and largest incomes , is the most sacred , and most consonant to Scripture . But why should I blur my paper with the Description of this deceitfull Parliament , the Theory whereof , is become practical almost in every City ? Let us therefore lament at the funeral of our Laws and Religion , and throw one sprig of rosemary into the grave , where all our Rights & Libertyes are buried . That Son giveth cause of suspition of his Legitimation , who will not mourn at his Mothers death : And surely he was never a true born Son of the Church , or Law , that will not shed a tear when they are both fell to ruin . Some ( though very few ) good Eleazors amongst us , have lost their heads and lives , for our Laws and Religion ; And although I am not worthy to dye a Martyr for them — — Haud equidem tali me dignor honore , Yet whilst I live it living tears shall fall from mine eyes , for them . For — Q●is talia fan do Mrmidonum , Dolopumve , aut duri miles Vlyssis , Temperet a lacrymis ? Who ? what Puritan , Independent , Anabaptist , Presbyterian , Quaker , &c. Or Red-coat as bad , though not worse than any of them , can restrain his Adamantine heart from grief , and his eyes from tears , when he considers the deplorable conditions , which they have brought upon our Kingdom ? Who ( as it now plainly appeareth ) had no other quarrel against King , than because they were not Kings themselves ; nor no other reason against Episcopacy , than because each of them was not a Bishop . They could never yet produce any argument sufficient , unless the sword , to prove that King , or Bishop was not Jure Divino . And now behold what the sword hath brought them unto . I remember Cadmus sowed the teeth of a Serpent , which sprung up armed men , who presently destroyed one the other ; I will not determine that the seed of these men came from a Serpent , but sure I am they cannot deny themselves , but that they destroy each the other , like Cadmus his men . They kick the Government of our Kingdom about , from one to the other , like a foot ball ; And it will be marvail , if some of them do not break their shins , a swell as their consciences , before the game is ended . They make the Government Proteus-like to turn into what shape they please , a true Common-wealth indeed , being common to so many Rivalls . And as the unruly Quadrupedes whirried about the Chariot , ( Phoebus their lawfull Soveraign being absent ) untill they had set the whole world on fire ; so it is to be doubted , that these headstrong Bears , having cast away the rains of true obedience , will not leave to wurry us , untill they have brought us to utter ruine ? O England , England . Hei mihi ! qualis erat ! quantum mutatus ab illo ! How is thy fame besmeared ! and thy honour laid in the dust ! Once the envy of the whole world for the glory of thy Laws , and Religion , now become a by-word , and a laughing-stock to all Nations . Venit summa dies , & ineluctabile tempus . The Sentence is already past , and the decree is gone forth , and nothing can avert the wrath of an angry Deity . Tantaene animis caelestibus irae ? Can the Almighty be so passionate ? We want a Moses , and we want an Aaron , to intercede and make an attonement for us , We want a Jonah to preach repentance , And we want the hearts of Nineveh to entertain it . We have done worse than to touch the Lords annointed , and have killed his Prophets , all the day long . We have not reverenced his Sanctuary , But have made it a den of Theeves , and Stable for Beasts , not altogether so bad as our selves . O God why hast thou cast us off for ever ? why doth thine anger smoak against the Sheep of thy pasture ? O deliver not the soul of thy Turtle Dove unto the multitude of the wicked ; Forget not the Congregation of thy poor for ever . — Fuimus Tr●es , fuit Ilium , & ingens Gloria Toucrorum . Remember thy old mercy , and remember our former estate ; For though now , like People , like Priest , The Prophets lye , and the People would have it so ; Yet like Bethlehem , we have not heretofore been the least amongst the Princes of the World. We have had those who have thought it , Melius tondere qaam deglubere oves , better to trimm us , than to flea us , and Melius servare unum quam occidere mille , better to preserve one than kill a thousand ; Who have been Tardus ad vindictam , ad benevolentiam velox , slow to do evill and revenge , but swift to do good and reconcile ; Loving Pax bello potior , peace better than war , and esteeming it Pro patria mori pulchrum , honourable to dye for their Country . Which they have done , and all Law , Religion , Justice , and Equity with them : Cum uno paricidio junxerunt juris divini , naturalis , juris gentium , omnium legum publicarum privatarumque eversionem , reipublicae perturbationem , libertatis populi oppressionem , Senatus abolitionem , nobilitatis exterminationem , innocentium damnationem , peculatum , & aerarii publici direptionem , solennis conventionis infractionem , perfidiam , jurisjurandi violationem , statuum omnium confusionem , immo subversionem . Tempora mutantur , & nos mutamur in illis . Sal. Therefore let no man be offended if I attend the funeral , and say something on the behalf of the deceased ; It is a Christian duty , and none will account it superstition to give an Encomium at burialls where it is due , unless those who account it superstition to deserve well themselves . De mortuis nil nisi bonum , We must say nothing but good of the dead . Therefore behold the Monument in these insuing political Aphorisms . The Monument of the Laws , or Regal and Political Aphorisms ; whereby the Prerogative of the King , and the just liberties of the People are set forth , and authorized by the Law of God , and the Law of the Land. KIngs are Jure Divino , by Divine right , to be obeyed , and not by violent force of subjects to be resisted , although they act wickedly , Prov. 8.15 . By me Kings raign . Dan. 2.21 . He removeth Kings , and setteth up Kings . Prov. 16.10 . A Divine Sentence is in the lips of the King. Prov. 21.1 . The Kings heart is in the hand of the Lord. Job 34.18 . Is it fit to say to a King thou art wicked ? and to Princes , ye are ungodly ? Prov. 24.21 . Fear thou the Lord and the King , and meddle not with them that are given to change . Eccl. 8.2 . I counsel thee to keep the Kings Commandment . Exod. 22.28 . Thou shalt not speak evil of thy Prince , nor detract the Magistrate . 1 Pet. 2.17 . Fear God , honour the King. Prov. 30.31 . A King against whom there is no rising up . Eccles . 10.20 . Curse not the King , no not in thy thought . 1 Sam. 24.6 . The Lord forbid that I should do this thing unto my Master , the Lords anointed , to stretch forth mine hand against him , seeing he is the anointed of the Lord. From which premisses none unless those who deny the Scripture , can deny these Consequences . That the jura regalia of Kings , are holden of Heaven , and cannot for any cause escheat to their Subjects . That active obedience is to be yielded to the King as Supreme , in omnibus licitis , in all things lawfull . But if God for the punishment of a Nation , should set up a Tyrannical King , secundum voluntatem pravam non rationem rectam regentem , governing by his depraved will against reason , and commanding things contrary to the word of God , we must not by force of arms rebel against him ; but rather than so , ( if not prevailing by Petition unto him , or escaping by flight from him ) patiently submit to the losse of our Lives and Estates , and in that case , Arma nostra sunt preces nostrae , nec possimus , nec debemus aliter resistere , Our prayers and tears should fight , and not our Swords : For who can lift up his hands against the Lords anointed , and be guiltless ? This in Scripture we find practised by Gods people to Pharaoh : Exo. 5.1 . and the same people , to Nebuchadnezzar , a Tyrant , were commanded to perform obedience , and to pray for him , Though there was no wickednesse almost which he was not guilty of . His Successor Darius , Daniel obeyed , and said , O King live for ever . Dan. 6.21 . For now no private person hath with Ehud , Judg. 3.21 . extraordinary commandment from God to kill Princes , nor no personal warrant from God , as all such persons had who attempted any thing against the life even of Tyrants . Nil sine prudenti fecit ratione vetustas . 2. The King hath his Title to the Crown , and to his Kingly office and power , not by way of trust from the people , but by inherent bigthright , immediately from God , Nature and the law , 1 Reg. Ja. ca. 1. li. 7.12 Calvins ca●e . 3. The Law of Royal government , is a Law Fundamental , 1 pars Jnst . fo . 11. 4. The Kings Prerogative , and the Subjects Liberty are determined , and bounded by the Law. Bracton , fo . 132. Plowden , fo . 236 , 237. 5. By Law no Subjects can call their King in question , to answer for his actions , be they good or bad . Bracton , fo . 5 , 6. Si autem ab eo petatur ( cum Breve non Currat contra ipsum ) locus erit supplicationi , quod factum suum corrigat , & emendet , quod quidem si non fecerit , satis sufficit ei ad poenam , quòd Dominum expectet ultorem . Nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire . If any one hath cause of action against the King ( because there is no Writ runneth against him ) his only remedy is by supplication and petition to the King , that he would vouchsafe to correct and amend that which he hath done , which if he refuse to do , Only God is to revenge and punish him , which is punishment enough . No man ought to presume to dispute the Kings actions , much lesse to rebel against him . 6. The King is the only Supreme Governour , hath no Peer ● his Land , and all other persons have their power from him . 3 Ed. 3.19 . Bracton , li. 1. cap. 8. Sunt eti●m sub Rege liberi homines & Servi ejus potestati subjecti , & Omnis quidem sub eo , & ipse sub nullo , nisi tantum sub Deo. Parem autem non habit in Regno suo , quia sic amitterit praeceptum , cum par in parem non habeat imperium . Item nec multo fortius superiorem nec potentiorem habere debet , quia sic esset inferior sibi subjectis & inferiores pares esse non possunt potentioribus . Ipse autem Rex , non debet esse sub homine , sed sub Deo & sub lege , quia Lex facit Regem . The King hath no superior but the Almighty God. All his people are inferior to him , he inferior to none but God. 7. The King is Caput Reipublicae , the Head of the Commonwealth immediately under God. 1 Jnst . 73.1 . h. 7.10 . Finch , 81. And therefore carrying Gods stamp and mark among men , and being as one may say , a God upon Earth , as God is a King in Heaven , hath a shadow of the Excellencies that are in God , in a similitudinary sort given him , ( Bracton , fo . 5. Cum sit Dei vicarius , evidenter apparet ad similitudinem Jesu Christi , cujus vices gerit in terris ) That is to say 1. Divine Perfection . 2. Infinitenesse . 3. Majesty . 4. Soveraignty and Power 5. Perpetuity . 6. Justice . 7. Truth . 8. Omniscience . 1. Divine perfection . In the King no imperfect thing can be thought . No Laches , Folly , Negligence , Infamy , Stain or Corruption of blood can be adjudged in him . 35. h. 6.26 . So that Nullum tempus occurrit Regi . 2. Infiniteness . The King in a manner is every where , and present in all Courts . And therefore it is that he cannot be non-sute , and that all Acts of Parliament that concern the King are general ; And the Court must take notice without pleading them , for he is in all , and all have their part in him . Fitz. N. B. 21. H. 25. H. 8. Br : tit . Non-sute . 68. 3. Majesty . The King cannot take nor part from any thing , but by matter of Record , and that is in respect of his Majesty : unless it be a Chattle or the like ; Because , De minimis non curat , Lex . 5. Ed. 4.7 . 4 E. 6.31 . 2 H. 4.7 . 4. Soveraignty and Power . All the Land is holden of the King. No action lyeth against him ; For who can command the King ? He may compel his Subjects to go out of the Realm to war. Hath absolute power over all ; For by a clause of Non-obstante , he may dispense with a Statute Law , and that if he recite the Statute ; Though the Statute say , such dispensation shall be meerly void . 7 E. 4.17.21 . H. 7.2 . H. 7.7 . Calvins case . Bracton . Rex habet potestatem & jurisdictionem super omnes qui in regno suo sunt , ea quae sunt jurisdictionis , & pacis ad nullum pertinent nisi ad Regiam dignitatem , habet etiam coercionem , ut delinquentes puniat & coerceat . And therefore ought to have the Militia . 5. Perpetuity . The King hath a perpetual succession , and never dyeth ; For in Law it is called the demise of the King , and there is no Inter-regnum . A gift to the King goeth to his Successors , though not named . For he is a Corporation of himself , and hath two capacities , ( to wit ) a natural body , in which he may inherit to any of his Ancestors , or purchase Lands to him , and the heirs of his body , which he shall retain , although he be afterwards removed from his Royal estate ; and a body politick , in which he may purchase to him and his heirs Kings of England , or to him and his Successors . Yet both bodies make but one indivisible body . Plowden 213.233.242 . li. 7.12 . 6. Justice . The King can do no wrong ; Therefore cannot be a disseisor . He is all Justice , Veritas & Justitia , saith Bracton , circa solium ejus . They are the two Supporters that do uphold his Crown . he is Medicus regni , Pater patriae , sponsus Regni qui per annulum , is espoused to his Realm at his Coronation ; he is Gods Lieutenant , and is not able to do an unjust thing . 4 Ed. 4.25 . 5 Ed. 4.29 . Potentia injuriae est impotentia naturae . His Ministers may offend , and therefore are to be punished if the Laws are violated ; but not he . 7. Truth . The King shall never be estopped , Judgement finall in a writ of right shall not conclude him . 18 E. 3.38 . 20 E. 3. Fitz. Droit . 15. 8. Omniscience . When the King licenceth expresly to aliente an Abbot , &c. which is in Mortmain , he needs not make any Non obstante of the Statutes of Mortmain ; For it is apparent to be granted in Mortmain , And the King is the head of the Law , and therefore shall not be intended misconusant of the Law. For , Praesumitur Rex habere omnia jura in scrinio pectoris sui . 1 Jnst . 99. And therefore ought to have a Negative voice in Parliament . For he is the fountain of justice from whence the Law floweth . 8. The Opinion of the two Spencers , in Ed. 2. Who held that the oath of allegiance was more , by reason of the Kings Crown , ( that is his politick capacity ) than by reason of his person , Is a most detestable , excreable , damnable and damned invention , 7 Rep. fo . 11. Calvins case . 9. High Treason can be committed against none , but the King , neither is any thing high Treason , but what is declared so to be by the Statute . 25 Ed. 3. c. 21. To leavy war against the King , to compass or imagine his death , or the death of his Queen , or of his eldest Son , to counterfeit his Money , or his great Seal , to imprison the King untill he agree to certain demands , to leavy war to alter Religion , or the Law , to remove Counsellours by arms , or the King from his Counsellours , be they evil or good , by arms , to seize the Kings Forts , Ports , Magazine of war , to depose the King , or to adhere to any State within or without the Kingdome , but the Kings Majesty , is high Treason . For which the Offendor should have judgement . First , to be drawn to the Gallows . 2. There to be hanged by the neck , and cut down alive . 3. His Intralls to be taken out of his belly , And he being alive to be burnt before him . 4. That his head should be cut off . 5. That his body should be cut in four parts . and 6. That his head and his quarters should be put where the Lord the King pleaseth . 10. Treason doth ever produce fatal destruction to the Offender , either in body or soul , sometimes in both , and he never attains to his desired end . 3 Par. Jnst . pag. 36. Peruse over all Books , Records and Histories , and you shall finde a Principle in Law , a Rule in Reason , and a tryal in experience , that Treason doth ever produce fatal and final destruction to the Offender , and never attains to the desired end , ( two incidents inseparable thereunto ) and therefore let all men abandon it , as the Poysonons bait of the Devil , and follow the precept in holy Scripture , Serve God , Honour the King , and have no company with the seditions . 11. That Kings have been deposed by their Subjects , is no argument or ground that we may depose ours , A facto ad jus non valet argumentum . Because Children have murdered their own fathers , is no warrant for us to murder ours . Judas betrayed his Soveraign , yet should not we follow his example , unless we strive for his reward . There was never King deposed but in tumultuous and mad times , and by might , not by right . 12. The King is Principium , caput , & finis Parliamenti , the begining , head , and end of a Parliament . The body makes not the head , nor that which is posterior , that which is prior , Kings were before Parliaments . There were not in England any formed bodyes called the two Houses of Parliament , untill above 200. years after the Norman Conquest . 13. The King of England is armed with diverse Counsels , one whereof is called Commune consilium , the Common counsel , and that is the Court of Parliament , and so it is legally called in writs and judicial proceedings , Commune Consilium Regni Angliae , Consilium non est praeceptum , Consiliarii non sunt praeceptores . It is not the office or duty of a Counseller , to command and make precepts ; but only to advise . 14. The King is the fountain of justice , and the life of the Law. The two Houses frame the body , the King giveth the soul , for without him it is but a dead carcase . And — Si componere magnis Parva mihi fas est , If I may compare small things with great , As in a bond , though one find paper and another write it , yet if the obligor do not seal and deliver it , it is nugatory and no obligation : So if the King assent not to an act of the two Houses , it is void and no Statute , It is the royal Scepter which gives it the force of a Law. Witnesse the whole Academy of the Law , & perspicua vera no● sunt probanda . It would be foolish to light the Sun with Candles . 15. Originally The King did make new Laws , and abrogate old , without the ass●nt of any known body , o● assembly of his Subjects . But afterwards by his gracious goodnesse perceiving that his people could best know their own soars , and so consequently apply the most convenient remedy , he vouchsafed so much to restrain his power , that he would no make any Law concerning them , without their assent . For at the first , Populus nullis legibus tenebatu sed arbitria regum pro legibus erant . Which truth i● so clear , that it shines almost in every History . The oldest and best stile of an act of Parliament is , Be it enacted by the Kings Majesty , with the assent of the Lords , Spiritual and Temporal , and the Commons &c. which proves where the virtual power is . 16. The Commons have no Authority but by the Writ of Summons . That Writ gives them no power to make new Lawes , but onely to do and consent to such things , which shall happen to be ordained by Common Counsel there in Parliament , which are the words of the writ , and all their Jurisdiction . At a Conference the Commons are alwayes uncovered , and stand bare , when the Lords sit with their hats on ; which shews that they are not Colleagues in Judgement with the Lords . Every Member of the House of Commons takes the oath of allegiance and supremacy before his admission in the House , and should keep it too . 17. It is Lex & consuetudo Parliamenti ; The Law and Custome of a Parliament , That no Arms are to be borne in London or Westminster , in the time of Parliament , Lest the proceedings in that high Court , pro bono publico should thereby be hindred or disturbed . For it is more congruous for Red-coats with their Pikes , Muskets , Swords , and other ammunition to keep a Den of Theeves , than to keep the Members of so honourable a Court. 3 Jnst . 160. 4 Jnst . 14. 18. When an Act of Parliament is against Common right or reason ( as that Debtors should not pay their debts , &c. ) or repugnant or impossible to be performed , the Common Law shall controle it , and adjudge it to be voyd ; And such is an Act for a perpetual Parliament , or to kill the King , Dier . 313. li. 8.118 . Doctor Bonhams case . 19. The premisses being rightly and duely considered , if any person be so impudent , insolent and arrogant , as to deny the King his Negative voyce in Parliament , They may aswell deny him his life , and take upon them to frame a new Law and Commonwealth to themselves . Shall the Commons have a Negative voyce , who are most of them Tradesmen , and not educated in the Law , but in Mechanick handy-crafts ? And shall not the King have this priviledge , who is assisted by the advice of the Judges , his Counsel at Law , Sollicitor , Atturney , Masters of Chancery and Counsel of State , consisting of some great Prelates , and other great Personages versed in State affairs ? 20. The Parliament is actually dissolved by the demise of the King. For the Individuum Carolus Rex , being gone from whence they derived their power , consequently their authority is gone likewise . For cessante statu primitivo c●ssat & derivativus . And Derivativa potestas non potest esse major primitivo . The Division of Governments ; Monarchy is the most natural and Divine ; The King hath no equal in his Kingdome ; Soveraignty can not be divided be●ween the King and the People ; Neither can the People , either jointly , or singlely have the supreme power where the Government is Monarchical . The tenets of our new Statesmen , yet old Knaves , confuted as damnable . Parliaments have no power but from the King , neither did ever any Parliament , unless our late Rebels , ever claim any power but what came from the King , But all Parliaments ever since they had their being , by the very Statutes which the King made with their consent , have acknowledged the supreme power to be in the King , and have sworn it with sacred oaths ; So did that Parli●m●nt which murthered their King : swear that the only supreme power and Soveraignty was in the King , next to God , and that there was no power on earth above his ; which being true , I would fain know what power they had , not only to remove their King from his evil Counsellers , ( which they did in removing him from themselves ) but also from the Land of the living , Quos Deus , sed , &c. HAving dissolved the Parliament , and set foot on the ground of the Politician , let us travel a little further , and take a survey of the main Triangle upon which the art of Government consists , viz. 1. Monarchy , 2 Aristocracy , 3. Democracy , or popular estate , which degenerate into 1. Tyranny , 2. Oligarchy , 3. Ochlocracy , or Commonwealth . And first of Monarchy , For a principalioribus seu dignioribus est inchoandum , The most excellent must have precedency . Monarchy , which we may call a Kingdome , is where the absolute Soveraignty lyeth in the power of one only Prince , ( for so much the word Monarchy of it self importeth ) who ruleth either according to the rule of Law and equity , or contrary . Which form of Government doth as far transcend and excel all others , as the glorious Sun , doth the pale-f●ced Moon , or the Moon the lesser Stars . It is the Embleme of the Almighty : For behold the blessed Trinity , where there are three persons , but one God. There is an Arch-angel ; The Angels adore but one Lord and Soveraign . Take a view of the heavenly Orb , where you shall see the caelestial creatures , give place to the Kingly Sun , The Moon ruleth Queen regent amongst the Stars ; Behold the Eagle the King of the Birds of the air ; The Lyon the King of the beasts , on the earth ; And the Whale the King of fishes , in the sea ; Fire hath the majestick preheminence above the other Elements ; among granes , the wheat ; among drinks , the wine ; among spices , the baulm ; among metals , the gold . The Devills themselves will not be so disorderly as not to have a King ; for Satan is their Prince and chiefest Leader . The Members of the Natural body are subjects to the Head their Soveraign , and the same Congruity and Harmony is there in the Politique body of Monarchy . And such is the stately preheminence of this Government , that the Monarch can admit of no Peer in his Kingdome , no more than the Sun can of an other Sun in the Firmament . Si duo soles velint ess● , periculum ne incendio omnia perdantur . Serinus . If two be equal in power in a Commonwealth , it is Aristocracy , or rather Duarchy , and not Monarchy . For one of them hath not Soveraignty over the other ; For , Par in parem non habet potestatem , & he only is a Soveraign who commandeth all others , and can him●elf by none be commanded . Then no less foolish than wicked and detestable is their opinion , who confess their Government to be Monarchical , yet would have Duo summa imperia , and hold that the Universe of the people are of equal , if not higher power than their Monarch , and may call him in question for his actions , and prosecute him even unto death , if they please ; who make their dreadfull Soveraign , a Jack a L●nt , a Minister of trust at the best , to be turned out of his Office at their pleasure , when God and all the World knows , that by the Law of God ( as I shewed before , and shall more fully shew hereafter ) the Law of Nations , the Law of Nature , and the Law of England , both Common and Statute , They ought not to touch him , though in truth he were so wicked as they would have and pretend him to be ; No , they ought not so much as to think an evil thought of him . Quod summum est vnum est . Soveraignty is a thing indivisible , and cannot at one and the same time be divided between the King and his Subjects ; If the Soveraignty be in the people , then is the Government either Popular or Aristocratical , and not Monarchical . To mix the estate of a Monarchy with Democratical , or Aristocratical estate , each having a share of the Soveraignty , is altogether impossible . For if every one of the three estate , or but two of them hath power to make Laws , who should be the Subjects to obey them , or who could give the Law ? being himself constramed to receive of them unto whom he himself gave it . Then might the King make the acting of his people against him treason , and the people make the acting of their King against them treason , which would bring all to Anarchical confusion . And although our age had produced such a Monster as to take upon them a power to depose , and powr out the sacred blood of their lawfull Soveraign ; Yet is there no such power , in rerum natura , It is the off-pring of the Devil , The cloak , Sanctuary , and refuge of Treason , Rebellion , and Tyranny , to blinde the people , taking advantage of their ignorance , and lead them hood-winckt , into everlasting destruction , unless the God of mercy prevent not . With this new upstart Doctrine , have our Apochryphal Dogmatists in England , led the rascal rabble of the people about , like a Dog in a string , buzzing in their ears that the Monarchy of England is composed of three kinds of Commonwealths , and that the Parliament hath the form of an Aristocracy ; the three estates of a Democracy ; and the King to represent the state of a Monarchy ; which is an opinion not only false , absurd , fond , foolish and impossible , but also worthy of the most severe punishment . For it is high treason to make the Subject equal with the King , in authority , and power , or to joyn them as Companions in the Soveraignty . For the power of a Soveraign Prince , is nothing diminished by his Parliament , but rather much more thereby manifested ; The Majesty of a Prince , consists in the obedience of his Subjects , and where is the obedience of the Subjects more manifested then in his Parliament , where the Lords and Commons , the Nobility and Comminalty , and all his Subjects from the highest Cedar , to the lowest Shrub , with bended knees , and bare heads , do cast down themselves at his feet , and do homage , and reverence unto his Majesty , Humbly offering unto him their requests , which he at his pleasure receiveth , or admiteth ? So that it plainly appeareth , that if the Parliament be not extravagant , and leap over the bounds limited by the laws of God , and our Realm of England , the majesty and authority of our Soveraign is not decreased by the assembly of Parliament , but rather augmented and increased . For the Peers cannot assume . Aristocracy , nor the Commons Democracy , without violation of their Oaths , with which they are tyed in obedience to their Soveraign , as well as with the Laws . Indeed our Prince doth distribute places of command , Magistracy , and preferments to all his Subjects indifferently , and so the Government is in a manner tempered with Democracy . But yet notwithstanding the State doth continue a pure and simple Monarchy , because all authority floweth and is derived from the King , and the Soveraignty doth still continue in him , as the fountain from whence those streams of power run , and the Parliament is so far from sharing in this Soveraignty , that the whole current of our acts of Parliament acknowledge the King to be the only Soveraign , stiling him Our Soveraign Lord the King. And the Parliament , 25 H. 8. saith , This your Graces Realm , recognizing no superior under God , but your Grace , &c. And the Parliament 16 Rich. 2.5 . affirmeth the Crown of England , to have been so free at all times , that it hath been in no earthly subjection , but immediately to God , in all things touching the Regality of the said Crown , and to none other . And without doubt these Parliaments , and many others had as much might , and right , though not so much Knavery , as our Anabaptists , and Puritans and other Sectaries have now , who pretend that the Government originally proceedeth , and habitually resideth in the people , but is cumulatively , and communicatively derived from them , unto the King , and therefore the people , not denuding themselves of their first interest , but still retaining the same in the collective body , that is to say in themselves suppletive , if the King in their Judgement be defective , in the administration , or neglect the performance of his duty , may question their King for his misgovernment , dethrone him if they see cause , and resuming the Collated power into their own hands again , may transfer it to any other whom they please . These men would make themselves extraordinary wise , or else our Ancestors extraordinary fools ; for surely if there had been such a power residing in the people , as these men blab of , it would have been preached up before these new-lights ever saw the light , some busie-head like themselves , would have awakened it , and not let it sleep so long . But it is impossible and a meer foppery to think that such a power should be ; for suppose that the people had at first Elected their Governour , and gave him Soveraignty over them , could they with justice and equity dethrone him again ? Surely no. For , sive electione , sive postulatione , vel successione , vel belli jure princeps fiat , Principi tamen facto , Divinitus potestas adest . Let the King be made by election , lot , succession or conquest , yet being he is a King , he hath Divine power . And therefore they have no power to take away that which God hath given . The Conceit of a mixed Monarchy , that the supreme power may be equally distributed into two or three sorts of Governours , is meerly vain and frivolous , because the supreme power being but one , must be placed in one sort of Governors , either only in Monarchy , or only in Aristocracy , or only in Democracy ; Our Parliaments of England never until now claimed either Aristocracy , or Democracy ; Therefore , as hitherto it hath been granted , so the Government must of necessity still be Monarchical : And the gracious Concessions of our Soveraign , not to make Laws without a Parliament , do not make the Parliament sharer , or his equal in the Soveraignty , because , as I shewed before , the Parliament hath no power but what is derived from the King. His limitation of his Prerogative , doth no way diminish his Supremacy ; God himself who is most absolute , may notwithstanding limit himself and his power , as he doth when he promises and sweareth that he will not fail David , and that the unrepentant Rebels should never enter into his rest ; so a man that yieldeth himself to be bound , hath his strength restrained , but not lessened ; neither is any of it transferred to them who bound him ; So our Soveraign doth limit his power in some points of his administration , and yet this limitation neither transferreth any power of Soveraignty unto the Parliament , nor denyeth the Monarchy to be absolute , nor admitteth of any resistance against him . Monarchy is either Lordly , or Royal. Adam proved to be the first King , and made by God in Paradise , not by the people . All Kings are made by God. The Son hath more right , and it is more pleasing to God for him , to murther his Father , the Wife her Husband , and the Servant his Master , than it is for the people to kill their King , Though in truth he be wicked . The Kings institution , and authority declared by Divine and Humane Writers . The Horrible Labyrinth of sins which Regicides plunge into , with their guilt . The most famous Nations in the World have , and do live under Monarchy , Englands glory and love to Kings in times past , and her Apostacy in times present . Pater familias were petite Kings , and how little Kingdoms , grew great Kingdoms . The Kings power is from God , not from the People ; neither did the people at first chuse Kings , but they were born subjects by nature . MOnarchy is either Lordly , or Royal ; Lordly is where the Monarch by the Law of Arms , in a lawfull war becometh Lord of the goods and persons of the Conquered , governing them , as the Master of a family doth his slaves , how he pleaseth ; And it is concluded by all that Nimrod was the first Lordly Monarch . Royal , is where the Monarch maketh the Law the Rule of his actions , permitting his subjects to injoy their Meum and Tuum , aswell as himself ; the Law being the Arbitrator between them both . I am not ignorant of the infinite sorts of Monarchies , which many men make by the different means of the obtaining the State ; but all of them may be comprised in these two ( unless Tyrannical of which hereafter I shall speak ) be they haereditary by succession , by election , by gift , or by devise ; For the difference of Monarchs , is not to be gathered by the means of the coming to the State , but by the means of governing . Among the many Prerogatives , which the State of Monarchy may challenge above other Governments , it hath none so glorious as it's Author , and Antiquity ; For he that denyeth that the Almighty was the founder of Monarchical Soveraignty , may aswell deny that there is a God , being himself the Monarch of all creatures ; Therefore to this Almighty Monarch , will I lift up my head and hands , and humbly implore his sacred Majesty , to guide my pen in the road of truth , whilest I travel to the head of this river , for I will dive into the depth of it , and make a scrutiny in the very foundation . — Primaque ab origine mundi , Ad mea perpetuum deducam tempora Regem . The first caelestial King which made Heaven and Earth , and all things therein , was the Almighty ; The first terrestial King which was made for Heaven and of Earth , and Governour of all things therein , was Adam ; If thou art so much a Basileu-mastix , as to doubt this truth , behold his Patent by which he was made Lord and King over all , Genes . 1.28 . Be fruitful , and multiply , and replenish the Earth , and subdue it , and have Dominion over the fish of the Sea , and over the foul of the Air , and over every living thing that moveth upon the Earth . This royal Commission did the King of Kings give to our Father Adam , which is so much the larger by reason of the word Dominare , which is more than regere . Which may serve to re●ell that absurd opinion , and worse than humane invention of those men , who impudently aswell as ignorantly , call Kingship , humanum inventum , a humane ordinance , and say that Kings were originally instituted by the suffrage of the people , and so may be deposed by the people , whereas it plainly appeareth , that there were no people when the first King was ordained ; and doubtless ( let the opposers of Royal Government spet what venome they will ) it is an undoubted truth & an irrefragable axiome , that Children have asmuch right by the Law of God , and nature , to depose their natural Father , and chuse another , as the people have to depose their natural haereditary Soveraign , and make choise of another ; For the King is the Father of the people , the Husband of the Commonwealth , and the Master of his subjects ; and suppose him to be evil , can you finde any warrant in Scripture , that Children should murder their Father , the Wife her Husband , or the Servant his Master , because they were wicked ? surely not , no more can you finde any authority for Subjects to murder their Soveraign : but our age hath created such a power , or rather a Monster , and cloathed it too with such piety , and Religion , as if they did intend to binde it up with the Bible , and make it Canonical ; but without doubt they will be so far from making future ages to take it for Gospel , as they will hardly have Rethorick enough , to make them believe that ever such a wickedness could be committed . Let us now look into humane Writers , and see what their Histories afford us , which we will make rise of , only as an illustration to what we have said , not as an authority , because there is no greater authority than Scripture , although Historia non est vilis authoritas , great is the authority of History . Principio rerum , gentium , nationumque imperium penes Reges erat , saith Justin . li. 1. From the begining of things , that is , fr●m the begining of the world , the rule and Government of the people , and of all Nations , was in the hands of Kings ; which Learned Cicero doth with no lesse truth Confirm , saying , Certum est omnes antiquas gentes Regibus primum paruisse , which is the same in effect with Iustin. That Monarchy is most natural , and as it were instituted by the laws of Nature , is a Conclusion by the common consent of the best Philosophers and Historians ; Let Tacitus , and Seneca speak for them all : Vnum imperii Corpus , unius Animo regendum videtur , the whole Commonwealth makes but one Body , and it is most natural for one body , to be ruled by one Soul. Seneca , Natura certe commenta est Regem , quod ex aliis animali●us licet cognoscere , surely Nature found out Kings , which we may learn even of the brute beasts . And Multitudes of antients preach Monarchy to be Divine . Callimach . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : Ex Jove sunt Reges , Kings were instituted by their Gods. Plato in Polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : Rex , Deus quispiam humanus est , The King is , as one may say , a God upon Earth . Liv. lib. xxvi . Regnum , res inter Deos hominesque pulcherrima . Therefore let none so stupidly deny , that Monarchy is not Divinum institutum , a Divine institution . If they do , blind Homer will prove them blinder than himself , For , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : à Jove educatos Reges , saith he , The Gods constituted and educated Kings ; therefore let every one use his uttermost endeavour , and make these supplications with Homer , to his lawfull Soveraign , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — herus unicus , esto unicus & Rex , Be thou our only Lord , and our only King. O most legal and dreadfull Soveraign . — Rege incolumi mens omnibus una , Amisso rupêre fidem . Let us all be of one mind , to establish our King , for he being unsafe , we are all unsafe and perjured . I know not of what constitution thou art , who perusest these lines , But be thou (a) a Puritan , Presbyterian , Brownist , Independent , Anabaptist , fift Monarchy-man , Quaker , Millenarie , Arminian , Socinian , Antitrinitarian , Theaurau John , Antinomian , Adamite , Familist , Jesuit , Ranter or what thou wilt , Learn this , though perhaps it agree not with thy constitution ; That Kings are ordained by Gods constitution , and by Gods constitution , we are commanded and ought for to obey them , as out of holy Writ I have already , and shall farther prove ; and as that man who maketh a question , whether there is a God or no ? ought to be answered with Stripes , rather than verball instructions , so he that denyeth this truth , ought with the oratory of the sword , and not of the mouth , to be perswaded into his due obedience . For it is an uncontrolable Maxim , that he doth not honour , and serve God as he should , who doth not honour and serve his King as he ought ; God will not own him to be his subject , who will not be a subject to his Soveraign the Lords anointed ; Therefore since by the Law of God ( for nothing is more frequently commanded in the Scripture , and our Kings are of like institution with those Kings in Scripture , and ought to have the same honour and obedience ) by the Law of Nature , by the Law of Nations , by the Common , and Statute Law of England , we are commanded to honour our King : Let no man be so much an Enemy to God , to Religion , to his Country , to the Church , to the Law , and to his own soul , as to Rebel against his Legal Soveraign ; For he that doth it , transgresseth against the ten Commandements of the Law , the new Commandement of the Gospel , he committeth the seaven deadly sins , the four crying sins , the three most detestable sins , to the soul of man , viz. Prophaness , Impudency , and Sacrilege ; In a word , he committeth all sins , is the Embleme of the Devil , and unless he repent , he will have his Lot with Belzebub the great Rebel and Traytor against Heaven . If punishment cannot compel them , me thinks the beauty of Monarchy might allure men to love it . Surely there is no generous spirit who doth not ; for the most renowned and famous Nations in the World have lived under Monarchical Government , as the Scythians , Ethiopians , Indians , Assyrians , Medes , Egyptians , Bactrians , Armenians , Macedonians , Jews and Romans , first and last , and at this day the French , Spaniards , Polonians , Danes , Muscovites , Tartars , Turks , Abissines , Moors , Agiamesques , Zagathinians , Cathaians , yea and the Salvage people lately discovered in the West-Indies , as being guided thereto , by the rules of nature ; and rip up Antiquity , and search Histories both antient and modern , and thou shalt never finde our Realm of England so much an Enemy to virtue , as to hate Royal Government , until these latter and worst of dayes , wherein it is accounted a sin to be noble , and vertuous : Nay so much did our Nation love Kings in former times , that we had seaven of them in England at one and the same time , viz. 1. The King of Kent , 2. Of the South-Saxons , 3. Of the West-Saxons , 4. Of the East-Saxons , 5. Of Northumberland , 6. Of Mercia . 7. Of the East-Angels , which ruled and shined like the seaven Stars , each absolutely reigning in his Country , not under the subjection of other , until at length by the Law of Conquest , one became Monarch over all , ruling like the Sun , and acknowledging none on Earth his Superior , so much that it is amongst us a common adage , viz. The King holdeth of none but of God. But it seems God hath now granted away the Seigniory to the House of Commons , and the King must hold of them ; But from hence ariseth a point in Law , whether they are absolutely and legally seized of the Seigniory , without attornment of the tenant : In my simple opinion the Seigniory doth not pass before attornment ; but I leave it as a quaere to the House of Commons , who are best able to resolve it , because they have all the Law in their own hands . Non nostrum inter vos tantas componere lites . From what hath been said , it is apparent that Adam was the first King on Earth , and that Kingdoms have been ever since Adam haereditary ; for a family which was before Commonwealth , is nothing else but a small Kingdom , and a great Kingdom is nothing else but a great family , for the Pater familias were , petite Kings , and had royal power , and potestatem vitae & necis , even over their own Children , as Abraham and others . But when the family increased , and the numerous off-pring of their first parent multiplied , built Villages , Towns , and Cities , and so became a great people , so long as their first parent lived , their love and duty towards him , would not permit them unnaturally to strive with him , for the superiority ; but to acknowledge and obey him as their Soveraign and lawfull King , from whence they had their being : And this is the reason that Kings are called Patres Patriae , Fathers of their Country . Sal. 1. Inde enim origo regum regiique regiminis petenda est . Haec cum primo homine & cum solo novo cepit , quoniam primum parentem numerosus ex eo descendens natorum , & qui ex ●is nati sunt populus , pro rege habuit , & observavit , ut primum sui generis auctorem . So much for Monarchy , the best of all Governments . No man can serve two Masters , for either he will hate the one and love the other , or else he will hold to the one and despise the other ; ye cannot serve God and Mammon , Math. 6.24 . If any Anti-Royalist think himself wiser than our Saviour , and that he can serve two Masters , and love them both , let him hate Monarchy , and set up his two headed Master , and let experience the mistris of fools correct him , as it hath many already . But since our age is given to nothing but vain imaginations , there be some who do Imagine , and will object that Adam was no King , because he is not stiled so in Scripture . I answer ( though this frivolous objection doth not deserve an answer ) that neither do you find Adam stiled in Scripture , my Father , or thy Father , yet Adam was the Father of all flesh ; Si res apparet , Cur de nomine certas ? He that hath the supreme power is a King ; But Adam had the supreme power , Ergo , Adam was a King. Rex cometh from Regere to rule , and Adam was sole Lord , Ruler , and King , and so continued untill he died . Adam was created by God , the Monarch of the World , before he had any subjects , And by right of Nature it was due to Adam to govern his posterity , even before his subjects were born : So that , though not in act , yet in habit Adam was a king from his creation ; Neither could Eve , nor her Children ever limit Adams power . It was God that gave the power , therefore no Mortals could ever diminish or increase it . For , Quid Jove majus habetur ? They must be above all that which is called godlinesse , who go about to put asunder , that which the Almighty hath joyned together . This Paternal power continued Monarchical , to the Floud , and after the Floud , to the Confusion of Babel , at which time God scattered the people abroad from thence , upon the face of the whole earth , as you may read , Gen. 10 , & 11. Yet they went out by Colonies of whole families , over which the prime Fathers had the Soveraignty , and were kings , deriving their Fatherly and Regal power from Noah , whose Sons or Grand-children they were all . And although I think there are but few Kings in the world , who can prove their title to their Crown hereditary , ever since Noahs Floud , or the Confusion of Babel , yet it is as true , that there is a Regal right , continuing in the Father-hood , even untill this day , and that the next heir to Adam ought to have the Supreme power , as it is true , that the father hath right , & ought to govern his Children , or as that it is a rule , Qui prior est tempore potior est jure ; He that is eldest , by Law ought to rule : For God told Cain the eldest brother , Gen. 4.7 . That unto him should be the desire of his youngest brother , and that he should rule over him , which continueth a Law until this present time : But though we know not which is the next heir to Adam in any convention of the people , ( which is the fault of our ignorance , not of nature ) yet since God hath told us in his Holy Word , that he only disposeth of Crowns , as he pleaseth ; Therefore they can not go out of the right line , so long as he directeth and guideth them , though the right in the Father-hood lye dormant . Every King is a Father , therefore every subject must be obedient to his fatherly power , otherwise he will break Gods Commandment , viz. Honour thy Father , &c. God only had right to give , and take away Crowns , and thereby to adopt subjects into the allegiance of another fatherly power . Therefore no less false than execrable is their opinion , who promulge that all men whereby nature born free from subjection , and that they had no Governour , but by the peoples assent , and chusing , when it is most apparent , that God gave the Supreme power to Adam , and that all men since were born subjects by nature . Our Saviour was subject to his Parents will , Luke 2.51 . And doubtless those men are free from all goodness too , who profess themselves born free from subjection to their Prince , or their Ancestors before them . But suppose all men were born free by nature , and that the people originally by nature had power to chuse a King ? after what manner , or how is it possible for them to make their choice ? it must be by the joint consent of every reasonable creature , Male and Female , Old and Young , Babes and Antient men , Sick and Lame , all at one time Nemine Contradicente : for if natural freedom be granted to all , the Major part of the whole people in the world , or the Major part of the people of a Kingdom , have no power to binde the lesser part to their consent , and agreement ; Every one being as free by birth , and having as much power as any other : For the Major part never bindeth , but where men at first either agree to be so bound , or where a higher power so commands : Now there being no higher power than Nature , but God himself , where neither Nature nor God appoints the Major part to binde , The consent of the Major part is not binding to any , but only to themselves who consent ; Those who are born afterwards ( according to the tenets of natural freedome ) are not bound by their consent , because by nature they are likewise born free . But if it should be true , ( as it is false ) that men are all free born by nature , yet have not they power jointly or severally , to alter the Law of nature . Now , by the Law of nature no man hath power to take away his own life ; How then can the people or any single man give that power to another , which he hath not in himself ? If he killeth himself for any offence , he is a murtherer . Therefore if any man claiming no other power but what he hath from the people , do take away the life of any man , though in a way of publique justice , he is a murtherer , and the man so killed , is a felo de se . Because the man slain had no power to kill himself , and so consequently he which killed him had no power neither ; For , Nemo potest plus juris in alium transferre quam ipse habet : No man can transfer to another , a greater right and power , than he himself hath . Tyrants are either with a Tittle or without a Tittle ; Their qualities . Kings have their power immediatly from God , not from the People , proved in Adam , and by Gods own Word in several Texts of Scripture , by the suffrages of the Fathers and other Writers , and by the Lords Prayer and Doctrine . The several sorts and degrees of power instituted by God , and the Commission , whereby God gave power to Adam . The honour which God hath bestowed on Kings , and his special care , and owning them . How Kings are said to be instituted immediatly by God. The Israelites did not sin in desiring a King ; and his power and praer●gative set forth by the Prophet Samuel ; Saul was chosen for his virtues , and was not vitious at his inanguration . Proved from Adonijah , and Solomon that God only maketh Kings , not the People . The Arrogance and presumption of the pragmatical People of England , in claiming power to make and unmake Kings , condemned , who will have none Kings but themselves . Monarchy the best of Governments . LEt us now set upon this Monster , a Tyrant who is either cum titulo , vel sine titulo , with a title , or without a title ; A Tyrant cum titulo or Exercitio , is he who being a legal Soveraign , ruleth by his depraved will , and treading under foot the Laws of God , and his Realm , enslaveth his free born subjects , and useth their goods as his own . A Tyrant sine Titulo is he who usurpeth the Soveraignty without the Authority of the Law , and subverteth all Rights , and Religion , making what Laws he pleaseth , or else squareth his actions according to the rule of the known Laws . For he that hath no Title to the Soveraignty , but usurpation , is a Tyrant , though he live so piously and religiously , that to the world he seems a Saint . Here I could willingly cast Anchor , and stop the progress of my pen , from sayling any further into this rough Ocean of Tyranny ; But when I see the Sword and Scripture so much at variance , the one fighting against the other , then am I forced to put this question , Whether a lawful Soveraign perverting the Laws of God and man , and metamorphosed into an absolute Tyrant , may by his subjects be called in question , and punished at their pleasure ? The Sword saith he may , and proves it by experience . The Scripture , though not with so much violence , yet with more Reason , and Religion , both saith and proves it that he may not , Mulciber in Trojam , pro Troja stabat Apollo . For the better decision of which question , it is first necessary to be known , whether the institution of Kings be immediatly from God , or whether they be creatures made by the people , receiving their power from their subjects , and so to be dethroned when they vouchsafe to think convenient . For art thou only a stranger in England , and hast not known the things which are come to pass there in these dayes ? That there are new Statesmen , who have found out a new discovery , and hold forth these Sophisms for true doctrin , That Royal authority is originally , and radically , in the people , from them by consent , derived to Kings immediately , mediately only from God ; that the donation or collation of the power is from the Community , the approbation only from God , and that Soveraignty and power , in a King , is by conveyance from the people , by a trust devolved upon him , and that it is Conditional , fiduciary and proportioned , according as it pleaseth the Community to entrust more or lesse , and to be weighed out ounce by ounce , and that the King may be opposed , and resisted by violence , force , and arms , and the people resume their power ; which we deny , and shall prove by the law of God , of Nations , of Nature , of the Common and Statute law of England , that the Royal power , and Soveraignty of Kings is primarily , formally , and immediatly from God , and that the people through pretence of Liberty , Privilege , Law , Religion , or what Colour soever , ought not to oppose , imprison , resist , much lesse Murther their King , though he be wicked , and subvert Law and Religion ; much lesse when he is pious , upholdeth and maintaineth both . First , I conceive that there is no man so impudently wicked as to deny that there is a God who created all things , Heaven and Earth , Angels and Men ; the power of Angels , and the power of Men ; there is one power of Angels , and another of Men , so there is a difference of powers amongst men , the power of a King , inferior to no power on earth but only Gods , the power of the Subjects inferior to the power of the King ; the power of a Father over his Children ; and the power of a Husband over his Wife ; and so every power limitted by God ; and as one Star doth excel another in brightnesse , so one power doth excel another in dignity and glory . There is nothing more plain and evidently asserted in the Scripture , than that Kingly power is the most Sacred , Divine , and glorious of all powers , immediately from God , peculiarly owned by him , as a power wherin his Nature and Majesty is most manifested ; and as I have already shewed , hath a shadow of all Divine Excellencies . Man was made , Gen. 1.26 . and God said , let us make man in our Image : But man had no power or dominion , untill God further said , And let them have dominion over ; so that it is from hence most clear , that man had no power or Soveraignty , untill God gave it him , and the first man to whom God gave it , was Adam a King , the sole Monarch of the world . Then let not our new Sectaries fondly & wickedly conceit , that royal authority is originally , and radically from them , & that it is by their consent immediatly derived from them , to Kings ; Since the Kingly power & office was before they were born , or had any power , from whence such authority could be derived . By me Kings raign saith God , not only particular Kings , as Kings of the Jews , &c. but all Kings , Prov. 85.1 . Qui succedit in locum , succedit in jus . Therefore whosoever claim unto themselves , that power which is universally and perpetually peculiar unto the God of all power , do Blaspheme and rob God of his honour , and what lyes in them , do make God no God , and themselves the only Almighty : But the people which challenge unto themselves , the original power of earthly Dominion , do challenge unto themselves that power which is universally and perpetually peculiar to the God of all power ; Therefore those people do blaspheme , and rob God of his honour , and what lyes in them do make God no God , and themselves the only Almighty . There is no power but of God , The powers that be are ordained of God , Rom. 13.1 , 5. Wherefore ye must needs be subject , not only for wrath , but also for conscience sake . Doubtless our superintendants did never learn their Doctrine , from this Text ; but they may aswell learn it from hence as from any other place in Scripture , for I finde nothing in my Bible contrary to this , but every text in Scripture , doth harmoniously agree with this , and unanimously resolve , that Kings are of God , they are Gods ; Children of the most high , his Servants , ●ir publick Ministers , his Deputies , his Vicegerenis , his Lieutenants , their Throne , their Crown , their Sword , their Scepter , their Judgements are Gods , their Power , Person , and charge are of Divine extract , and so their authority , and person are both sacred , and inviolable . God removeth Kings and setteth up Kings , Daniel 2.21 . Thou settetst a Crown of pure Gold on his head , Psal . 21.3 . I gave thee a King in mine anger , and took him away in my wrath , Hos . 13.11 . Which proveth that God , not the people , did institute Kings , and that God not the people should take them away . God hath spoken once , yea twice have I heard this , that power belongeth unto God , Psal . 62.11 . By him were all things created that are in Heaven , and that are in Earth , visible and invisible , whether they be Thrones , or Dominions , or Principalities , or Powers , Col. 1.16 . And now , O Lord my God , thou hast made thy servant King , instead of David my Father , 1 Kings 3.7 . I have provided me a King , saith God , 1 Sam. 16.1 . Whole heaps of Scipture might I gather to confirm that Kings are solely , and immediatly dependent from God , and independent from all others , which truth the suffrages of the Holy Fathers , ( which are but as so many Commentaries on the Scripture , and therefore not so necessary here to be recited ) do affirm and maintain . But some may ask me , how Kings in these dayes can be said to be immediatly from God , when somtimes they are elected Kings by the people , sometimes they come to their Crowns by Conquest , and sometimes hereditarily by succession , and never by extraordinary manifestation and revelation from Heaven , as did Moses , Saul , David . To this I briefly answer , That ( as Divines hold ) a thing is immediatly from God several wayes . 1. When it is solely from God , and presupposeth nothing ordinary or humane , antecedent to the obtaining of it . So was Moses made captain over Israel , and so had Joshua his authority . But Soveraignty now to our Kings is not so conveyed , but some humane act is alwayes intervening . 2. When the Donation and Collation of the power to such a person , is immediatly from God , though some act of man be antecedent , as Mathias was an Apostle immediatly from Christ , though first the Apostles put two a part , and cast lots , yet neither of these two acts jointly or severally , did virtually or formally , collate the Apostolical power upon him . When an Atturney maketh livery of seisin , according to his letter of Atturny , the Feoffee is in by the Feoffor , and not by the Atturny , though his act was interposed . Is is not the Feoffment of the Atturney , but of the Feoffor , and the Feoffee his Title is only from the Feoffor , though he had not had it but by the means of the Atturny . In the second sense , Soveraignty is conferred on kings immediatly from God , though some created act , as Election , Succession , Conquest , or any other ordinary act intervene ; For the interposed act containeth not in it power to confer Soveraignty , but that power cometh formally and virtually from God , and so relateth to him as the proper Donor , and immediate Author ; As when a king giveth power to a favourite , to make a Lord , or a Baron , yet who is so stupid as to averr that the honour of a Lord , or a Baron , cometh immediatly from the favourite , and not from the king ? So when God puts into the hearts of the people to chuse a king , the Soveraignty cometh from God , and not from the people , The people cannot produce so noble an effect as Royalty , Nemo potest transferre in alium quod non habet in se , No man can give that to another , which he hath not himself . The Soveraign hath power over life and death ; No single man hath power to kill himself , nor the people jointly ; For if no man hath power over his own life , much less over his neighbours ; Therefore Soveraignty is not derived from the people . The people have potestatem designativam personae , but not potestatem collativam potestatis regiae , they have power to design , and depute the person , But not the power to joyn the Royal authory to the person ; for that is immediatly from God. As the designation of the person to an holy function is from man or men , but the collation of the power is immediatly from God. I may have power to throw a man into the Sea , but it is the water which drowneth him . There is a great difference between the applying of the person to the authority , and the applying of the authority to the person , the one may be the act of the people , the other can only be the act of the Almighty , Licet communicatio potestatis quandoque sit per consensum hominum , potestas tamen ipsa immediate est a Deo , cujus est potestas , Though the power be sometimes conferred by the consent of men , yet it is immediatly given from God , whose power it is , saith R●ffensis , de potestate Papae . fol. 283. Et Communitas nihil sui confert regibus , nisi ad summam personam determinet , & potius personam applicat divinae potestati , quam divinam potestatem personae , The Community hath no power to confer on Kings , but only to depute the person , it may apply the person to the divine power , but cannot apply the divine power to the person , saith Spalet . tom . 2.529 . Constitue supra nos Regem at judicet nos sicut & universae habent nationes , Make us a King to rule over us ( not we over him ) that he may judge us ( not that we may judge him ) as all other Nations have , Cry the Elders of Israel . From whence it is apparent , that Soveraignty cometh from the Heavens , not from our earthly Cottages , we are rather Passive , than Active , it is God which makes Kings , we receive and should obey them . There is no society without Government . We should destroy one the other unlesse we had a Governour . Thou O Lord hast made and given a King to the little Bees , who follow him as their leader , and honour him with a throne in the midst , and safest place amongst them ; the Cranes do follow one as chief , and flocks and herds have their Captain to lead them ; the Fishes of the Sea do follow one as King. Therefore let not us men only be independent , and since thou hast told us that power belongs to thee , we will not rob thee of it ; Obedience is that which we are only capable of ; Soveraignty is a Creature of thy making , not of ours , Therefore make us a king to rule over us . The Prophet Samuel seeing their urgent resolution for a king , lest they should afterwards plead ignorance , told them the power of a king . Vosque eritis ei servi , If you have a King , you must be his Servants , he will take your Sons , and appoint them for himself , for his Chariots , he will take the tenth of your sheep , and of your seed , he will take your Daughters to be confectionaries , ●e will take your Fields , your Vineyards , your Olive-yards , even the best of them , and give them to his Officers and Servants , he will take your men-Servants , and your maid-Servants , and your Goodliest young men , and your Asses , and put them to his work , This is the power of a king ; and from whence is this power derived ? doubtless not from the people , for they are never so willing to part from what they have . But notwithstanding they persisted in their Petition , and would have a king , saying , Rex erit super nos , & erimus nos quoqu● sicut omnes gentes , & judicabit nos Rex noster , Nay , but there shall be a king over us , that we also may be like all the Nations , and that our king may judge us , and go out before us , and fight our Battels ; by which it is perspicuous , that all Kings had the same power , as this King here described , by the Prophet had . The Israelites did not sin in desiring a King , neither did God give them a King purposely for their punishment in his wrath ; For as the best Divines hold , when God saith Hos . 13.11 . I gave them a King in mine anger , and took him away in my wrath , ( which proveth that God only giveth , and taketh away Kings ) wicked Jeroboam is meant , and not Saul . For Samuel prayed for Saul , God commanded Samuel to hearken to the voice of the people in all that they said , 1 Sam. 8.7 . and did chuse them a pious King , for cap. 10.24 . Samuel said to all the people , See ye him whom the Lord hath chosen , that there is none like him among all the people , and all the people shouted , and said God save the King. So that it is apparent that Saul was chosen for his virtues , and was no Tyrant at his inauguration . Moses Deut. 17.14 , 15. did prophesie of their King , Thou shalt in any wise set him King over thee , whom the Lord thy God shall chuse . Where Moses relateth what is decent , and meet for a clement and merciful king . But Samuel describeth what a king may do , if he will use his summum jus , which is to do what he pleaseth ; Therefore Samuel setteth forth the greatest and largest power of Kings , not to deter the people from desiring a Kings , but to prepare their hearts to obey him ; for God commanded Samuel to grant the people their request , according to the prophecie of Moses , and therefore Samuel would not be unwilling to perform Gods command , Neither was Samuels displeasure for any other end ; but that the people might be pleased with the king whom they so earnestly desired , and knowing his power , and remembring their fervent sute for him , they might more willingly and chearfully obey him . For Sauls wickednesse did spring from the Corruption of his Nature , after he was made king , and not through any default in God , for he was a man of excellent qualities when God chose him , and many pious and religious kings were given to the people afterwards , as David , &c. But be they good or bad the people must not resist them , because , as Samuel sheweth , the manner of kings is to do what they will. Principi summum rerum arbitrium Dii dederunt , subditis obsequii gloria relicta est , To Princes God hath given the highest power , to Subjects only is left the glory of obedience , saith Tacitus , which indeed is the greatest glory can be conferred on them , if they had but hearts to receive it : for what is more glorious in Subjects than obedience to God and their King ? Super imperatorem non est nisi solus Deus qui fert imperatorem , The King hath no superior but only God , saith Optatus Bishop of Milivis . Generale pactum est societatis humanae obedire Regibus , It is a Natural , a General , a Universal Compact , Covenant of humane society , to obey their Kings , saith St. Austin . li. 3. Confess . cap. 8. But since optimus Legum interpres praxis , practice is the best interpreter of the Law , Look into the Scriptures and learn what our Ancestors have done before us , I am confident you cannot find in all the Scripture where God appointed any people to be the chusers of their Kings , but rather to accept of them and submit themselves to them , whom the Lord had chosen and placed over them , Nusquam invenio Regem aliquem Judaeorum populi suffragiis creatum , quin si primus ille erat , qui designaretur a Deo , vel a prophetae ex Dei jussu , vel sorte , vel alia ratione , quam Deus indicasset , I never find any Jewish King made by the suffrages of the people , but whom God did first by some means appoint , saith Piueda de rebus Solo. li. 1. c. 2. neither did the Children of Israel chuse any unlesse Abimelech , the Bastard son of Gedeon , and ( as some say ) Jeroboam who made Israel to sin , and of the evil successe of their reigns , the Scripture will give you an account ; Would not the people have established Adonijah in King Davids throne , crying out before him , 1 Kings 1.25 . God save the King Adonijah ? But God whose property it is only to make Kings , rejecteth Adonijah , and maketh Solomon to rule in his Fathers stead , although Adonijah his title was by birthright , aswell as by the consent of the people , For , 1 Kings 2.15 . saith he to Bathsheba the mother of Solomon , Thou knowest that the Kingdom was mine , and that all Israel set their faces on me , that I should reign , howbeit the Kingdom is turned about , and is become my Brothers , For it was his from the Lord. In this verse you may see the title of Adonijah , and the title of Solomon , to their Fathers Crown ; Adonijah claimed it by birthright , and the power of the people , But Solomon claimed it from the Lord. It is no marvel that Adonijah put in his title for the Crown , for God hath appointed the right of primogeniture , by which the Patriarchs and all the rest of the posterity of Adam injoyed their royalty . The elder is to rule over the younger , by the Law of Nature ; Suppose Adonijah to be more wicked than Solomon , yet doth not that take away his Birthright ; For God saith to Cain , though he was never so wicked an Hypocrite , unto thee shall be the desire of thy Brother , and thou shalt rule over him , though Abel was never so Godly and sincere a server of God ; which made Jacob so earnest to purchase his Brothers Birthright , Gen. 25.31 . And Jacob said , sell me this day thy Birthright . But Adanijah his Title was not only by birthright , but also the people would have made him King , and if those people had had as much power as the people of England pretend to have , Adonijah would have wanted no other title than their power ; for the people of England are not afraid to say like Gods , By us Kings reign , we throw down Kings & set them up again , there is no power but what comes from us , they provide themselves Kings , they have spoken once , yea twice have I heard this , that Power belongeth unto them , and that their Kings are only Derivatives from them , O monstrum , horrendum , ingens , cui lumen ademptum . Did ever the world produce such blind prodigious Monsters ? Was ever God and Christ robbed so much of their Power , Honour and Majesty as by these Vipers ? Adonijah no sooner saw his Brothers Title , but he released his own , and quitted the Crown , wo be to them who usurp the Crown , and have no Title of their own . The Title of King Solomon was from the Lord , he only set the regal Diadem on his head , the people stood by as Ciphers , Solus verus Deus dat regna terrena bonis & malis , saith St. Austin de Civit. Dei , li. 4. cap. 33. It is God alone who disposeth of Crowns , he crowned Adam a King in Paradice before his fall , and before the rise of our M●so-Monarchical Statists , and therefore Monarchy is no Creature of the peoples , which makes them confess and believe ( the Devils do the same ) that Monarchy is the best of all Governments , which perhaps is the reason that they would so fain have it to be a Bird of their own hatching ; But me thinks their Tenets prove the contrary , for if all Supreme power were originally in the people , and derived from them to the King , then without doubt Democracy were the best of all Governments ; for that form of Government which cometh nearest to its Original is the best : But Democracy cometh nearest to its Original , therefore Democracy is the best , for the nearer the Fountain the purer the stream . But change the Supposition into a true Proposition , and then the Conclusion will be found , as thus , All Supreme Power is originally derived from God , That Government which cometh nearest to its Original is the best : But Monarchy cometh nearest to its Original , therefore Monarchy is of all Governments the best . And that Monarchy is the best form of all Governments is the conclusion of all Politicians . Omnes vero palmam dant regno , all give the palm to Monarchy , Praestantiam autem Monarchiae , non ex vetustate cum Lipsio , nec ex naturae ductu , cum Hieron . ad Rastic . Mona . probo , sed ex commoditatibus , quibus caeteras species antestat , I do not only prove Monarchy to be the most excellent , because it is most antient , and most natural : but also because it is most profitable , saith Henningus Arnisaeus . As it is the most beautifull , so it is the most profitable government : Therefore none but mad men will dart forth the weapons of their Tongues and Hands , against Monarchy , or else those who would be Commonwealths-men only for their own private ends , or else those men who will not have a kingdom , unless it be their own , and Reges abominantur nisi ipsi sint , think kings abominable , unless they may be kings themselves . And these men think they may the easier attain to kingship by preaching this new Doctrine with the Iesuits , that the kings power is derived from the people , and so fool the ignorant multitude into an act of joyning with them to take the Regal Diadem from off their pious Soveraigns head , & place it on their own fanatick Coxcombs , and so become our good Lords , & Masters of all that we have ; for never was king illegally dethroned , but a hundred Tyrants came in his room , Regem quidem apparet eos sustulisse , sed nec minus manifestum est Regnum sibi retinuisse , dum quod sub uno erat in plures diviserunt , & triginta ac septem socios tyrannidis adscivere qui imperium secum tenerent , gravique & intollerando servitio cives suos premerent , nam sub specie libertatis tyrannidem saevissimam velle eos exercere vel caecis clarum est , saith Sal. But caveat emptor , let them take heed they do not purchase their vain glory at too dear a rate , their counterfeit dissembling may find a real Hell , Nec est diuturna poss●ssio , in quam gladio inducimur , this world will not last alwaies . Let them assure themselves the people did never give nor ought for to take the power of their King , Non tribuamus dandi Regni potestatem nisi Deo vero , Let us not attribute the power of disposing of kingdoms to any but to the true God , saith St. Austin , de Civit. Dei , li. 5. c. 21. Nemo enim ante infelicissimam hanc nostram tempestatem , non fassus est , Principem populo dominari , Principi vero Deum , For no man before these most unhappy times of ours , did ever deny but that the King ought to govern the people , and the King to be governed by none but God , saith Barclay . Had I not known that our Regicides have voted the Lords prayer , as well as kings useless , ( for uno absurdo dato mille sequuntur , over Shooes , over Boots ) I should have wondred with what face they could conclude their Prayers to the Almighty , saying , For thine is the kingdom , the power and the glory for ever , Amen , yet claim the same power to themselves : for if theirs be the kingdom , the power and the glory , if they have power to make and unmake kings when they please , then what or where is Gods power ? Surely if their Doctrine be true , then our Saviours is false , and he did ill to teach us to pray , and command us to say , Thine is the kingdom , the power and the glory for ever and ever ; But let God he true , and every man a Lyar. Our Saviour is the Truth and the Light , and if these men had been inlightned by our Saviours doctrin , the darkness of these errors would never have so damnably blinded them , who make God a Parenth●sis , thinking themselves perfect and compleat without him , and profess that the king , ( whose ●oodness , like their wickedness is incomparable , ) is but a Brat of their own begetting , and that they like God may take him away as occasion shall serve . These Antimonians ( who pick out places of Scripture only to destroy Scripture ) that they may be Canonical in all things , and do nothing without the Bible , say , that the people make the King , and that they are so taught out of Gods word , For , 1 Sam. 11.15 . All the people went to Gilgal , and there they made Saul King , before the Lord in Gilgal , which ( say they ) is an invincible proof , that the people made Saul their King , and not God , and so consequently all Kings are made by the people ; but if these men will tie themselves up so strictly to the letter of the Scripture ( because it makes for their purpose as they suppose ) that they will not hearken to the true meaning , and interpretation , let their own weapons kill them , for , 1 Sam. 12.1 . Samuel said unto all Israel , Behold , I have harkned unto your voice in all that ye said unto me , and have made a King over you . This verse saith that Samuel made the King , which is the very next verse to theirs , which saith , that the people made the King , so that litterally , one of these verses must needs speak falsly , for if the people made the King , then Samuel did not , but if Samuel made the king , then the people did not ; so that this Dilemma must needs confute our new Doctors . But let Scripture interpret Scripture , and the interpretation will tell you that God only made the king . For though the people say , We will set a king over us , Deuter. 17.14 . Yet they must in any wise set him king over them whom the Lord their God shall chuse . The Lord must , who only can give their king Soveraign power , he must make and give the king . The people have only power to receive and set him over them . 1 Sam. 10.1 . Samuel took a vyal of Oil , and poured it on his head : But the Lord anointed him King , he is the Lords anointed , not Samuels : For why ? Is it not because the Lord hath anointed thee to be Captain over his Inheritance ? Saith Samuel . Paul may plant , and Apollo may water , but God only giveth the encrease ; God is Master of the Substance , and only giveth regal power , Samuel , &c. and the people are but masters of the Ceremony ; and the Coronation of Kings is only a Declaration to the people that God hath given them a King ; Outward Vnctions , and Solemnities used at coronations , are but only Ceremonies , which confer no power to the King , For it was his from the Lord. 1 Ki. 2.15 . The Elders of Judah and Israel chose David to be their King , and anointed him over them , 2 Sam. 5.3 . But they did not give him power , or right unto his kingdom ; For saith God , 1 Sam. 16.3 . I will shew thee what thou shalt do , and thou shalt anoint unto me him whom I name unto thee . The people make the King , not by giving him Soveraign power ; for that feather doth not grow in their wing ; but by receiving him , and approving that which God hath done . For the Lord , the King of all the Earth , ruleth in the Kingdom of Men , and giveth it to whomsoever he will. Psal . 4.7 . Dan. 4.25 . Old Horace , more a Divine than most of these new Sectaries , the incendiaries of all mischief , could teach them this truth . Regum timendorum in proprios greges , Reges in ipsos imperium êst Jovis , Clari Gigantaeo triumpho Cuncta supercilio moventis . Fear'd Kings command on their own ground ; The King commanding Kings is Jove : Whose arm the Gyants did confound , Whose awfull brow doth all things move . Which Sentence , lest it should seem too light , and savour too much of Poetical assentation ; Let our Antichristians ( for those who by their practise , though not which their mouths deny Christs Doctrine , deserve no better name , ) hearken unto the Words of our Saviour ( if they will vouchsafe to debase themselves so much ) and behold , what Doctrine he preached to Pilate , which is the more remarkable , because it was his last . John 19.11 . Iesus answered , Thou couldest have no power at all against me , except it were given thee from above . For , Cujus jussu homines nascuntur , illius jussu reges constituuntur . He who made men , made Kings . That Kings have the supreme power over the people , is proved in Adam , and testifyed by the Law of God , the Law of Nations , The Law of Nature , The Law of Reason , The Law of the Realm , and by the Oathes of all English men , aswel Parliament men as other Magistrates , ( though since broken ) by our Saviour , by the Apostles , by all the Fathers of the Church , and by all Christian People , and Religion . The glory of the Martyrs , which have sacrificed their lives in this just cause , shall live for ever ; and the Rebells shall go out with stink , like the snuffe of a Candle . The Majesty , and power of the King described , Good subjects commended , and the punishment of Traytors , with Korah , Dathan , and Abiram , manifested . The sad effects , if the people should have the supreme power , and proved by reason that no Government could stand , nor any man whatsoever live , if the people had power to question the King or other their Governors . Two supreme powers cannot stand together ; Trayterous Tyrants , alwayes pretend Liberty and Religion , with which they blinde the ignorant people : The Oath of Supremacy , by whom taken , and by whom broken , with all Gods Commandments with it . How the People of England deal with their King. HAving satisfied all , but those whose profit it is to believe the contrary , who have no other grounds for their belief than other mens grounds and estates , that Kings receive their power from God , and not from the people , and are independent from all but the Almighty . I shall now shew , 1. That they have the Supreme power over the people , 2. That they are above the Law , 3. That they are not to give account of their actions to the people , but only to God , and so conclude that there can be no just cause for the subjects , either to take up armes against their Soveraign , to call him to the bar , to accuse him , to condemn him , or to kill or murther him . First , with the first , That the first King was made in Paradice , your have already heard , and that there he received his dominion and power ; but from whom did he receive his power ? from God ; hath not God therefore greater power than the King● he hath ; From whence do the people derive their power ? from the King ; Hath not the King therefore more power than the people ? he hath , Constituens Constituto potior , The Constituent is better and higher in place and dignity than the Constituted ; But the power of God Constituted the power of Kings , Ergo , the power of God is greater than the power of Kings , And quod efficit tale magis est tale ; that which maketh any such or such , is in it self much more such or such ; But the King giveth power to the people , Ergo , the power of the King is higher than the power of the people ; The King is the only fountain from whence all the streams of authority flow , to the people , It is he that is the Magazine , from whence they derive their power , And Derivativa potestas non potest esse major primitiva , a Derived power can not be greater than the primitive ; Therefore those men who place Soveraignty in the palace of the peoples breasts , must needs be more knaves , than fools , for so great ignorance cannot roust in their pates , who are so worldly wise ; But let them glosse the text with what false Commentaries they please , make white black , and black , white , and muster up dark clouds of jugling riddles , to dazle the purblind sight of the Rascal rable of the people , who think the Gown makes the Lawyer , That that must needs be Law which the Judge saith , esteem all things by their exterior apperances , and only know how to be ignorant ; whose deceived foolishnesse , is the Chariot on which our men of war ride triumphant , from one degree of wickednesse to another ; Yet notwithstanding Legibus eversis rerum natura peribit , the Law of nature shall perish , and the Heavens and Earth shall passe away , before Lex Terrae , the Law of the Land , shall deny this Oracle , Omnis sub Rege & ipse sub nullo nisi tantum sub Deo , All men are under the King , and the King is under none but God , this is that Divine sentence — quod nec Jovis ira nec ignes , Nec poterit ferrum , necedax abolere vetustas , which neither angry Jove , nor fiery Vulcan , neither devouring age , nor the bloudy sword , a worse devourer than that , shall ever expunge out of our Law-Books , or explode out of the memory of every pious man. This is that which many worthies have written with their blouds , and sealed with their lives ; To this have many died Martyrs , whose fame shall out-live the Sun , and their memories be engraven upon the marble of everlasting monuments , whilest others their opposers , would be glad to have the stench of their ignominious names , buried in the grave of oblivion ; where leaving them , let us return to our King , For nullum tempus occurrit Regi , It is alwaies seasonable to do allegiance to the King , whose power , like the Ocean , is boundlesse , and his authority , like the wind , goeth where it listeth ; he only can proclaim war , and he only can conclude peace ; he only can call Parliaments , and dissolve them when he pleaseth ; he appointeth what Magistrates he pleaseth , and turneth out whom he pleaseth ; all Laws , Customs , Privileges and Franchises , are granted and confirmed to the people by him . He raiseth men that are dead , to life again , for those that are condemned to die by the Judges , are dead in Law , but the Kings pardon reviveth them again . He hath the sole power of ordering and disposing all the Castles , Forts , strong Holds , Ports , Havens , and all other parts of the Militia . He is the breath of our Nostrils , the life , head and authority of all that we do , Supremam potestatem , & merum imperium apud nos habens , having the Supreme power , and meer empire over our bodies , members , lives and estates ; he doth whatsoever he pleaseth ; to be short , he is our King , And where the word of a King is , there is power , and who may say unto him what dost thou ? Eccle. 8.3 , 4. But so greedy is humane nature of dominion and covetous to rule , that we have some amongst us , who professe themselves to be born Kings , they are Kings by birth , nay greater than Kings are here ; For Par in parem non habet Dominium , one King cannot command another King ; But these men use Kings as Children do birds in a string , give him what Liberty and Authority they please , clip his wings lest he should fly too high for them , put pins in his eyes to make sport with him , and clip off his head too , to make known their authority . But doubtless , these men were never bred in Christs University . Did they ever hear of him ? If they did , it is the worse for them ; For they , which know the will of God and do it not , will fare never the better for their knowledge . It is better to be an ignorant fool , than a cunning knave . Reddite quae sunt Caesaris Caesari . Render to Caesar , that which is Caesars , saith our Saviour . Quot verba , tot argumenta , His words should be to us commands ; his actions our instructions , and his obedience should be our pattern ; shall the Lord of life submit himself unto the King ? and shall not we ? shall he give Caesar his due ? and shall not we ? shall he suffer himself to be murthered by the King ? and shall we murder the King ? This is the Popes Doctrine , to take away the lives of Princes ; and ●re not we his true Disciples , when we put his words in practice ? His Disciples did I say ? nay we scorn that , for every man now is a Pope , and exerciseth the fame authority . But let us forsake the Pope , and learn the obedience of true subjects , from the subjects of Ioshua , chap. 1.16 , 18. And they answered Joshua , saying , All that thou commandest us , we will do , and whithersoever thou sendest us , we will go ; Whosoever he be that doth rebel against thy Commandments , and will not hearken unto thy words , in all that thou commandest him , He shall be put to death , only be strong , and of a good courage . Behold , here the Kings Soveraignty to command , the Subjects duty to obey , and the punishment of a Rebel is death ; If the King hath not the supreme power , how can he command ? If the subjects are not his inferours , why should they obey ? If the people have a power co-ordinate and equal with the King , then must there be duo summa imperia , two supreme powers , which the Philosophers tell us cannot be , Nam quod summum est unum est . Soveraignty cannot be divided , diverse supreme powers are no more compatible in on State , than two sunns are in the firmament : — Omnisque potestas Impatiens consortis erit — Non bene cum sociis regna , Venusque manent . Kings and Lovers admit of no Rivals , Soveraignty being an individual , must be in one sort of Governours , either in one man , as in Monarchy , or else in one specifical kinde of men , as the optimates , as it is in Aristocracy , or in the people , as in Democracy , saith Aristotle . Necesse est aut unum esse penes quem summum sit imperium , aut paucos , aut multos : But the Government of England is Monarchy , and therefore the people have no supreme power , It would be a monstrous body if the inferior members were equal in power , or could command the head . But suppose there should be such an Vtopia , as our Novelists feign , where the prople might call their King in question for his actions , when they thought he offended , we should then have a new King , every new moon or oftner , and would any man be so mad as to be their King ? For my part , I think he had betrer be hanged ; for what beast is more Salvage and uncertain , than the headlesse blind multitude ? Virgil. Scinditur incertum studia in contraria Vulgus . Discord is the only Ensign of a multitude , and sooner will the Stars gather into one body , than a multitude unite themselves into one mind , Quot homines tot sententiae , and would not a man have a rare place of it , to be servant to all these beares ? The Cynical Puritan would hang him if he was not in all things so pure a Saint as himself , and the Independent would pende him if he did not solely depend on him as on God almighty ; the rigid Presbyterian would bend his knotty brows at him , if he was not as obedient to him , as a water Spaniel ; and the dreadfull Anabaptist would hang both Puritan , Independent , Presbyterian , and King and all , if they would not be Baptized according to his sacred tenet , the Quaker would make him quake ; and Theaurau John would crack his crown , unlesse he did esteem them as the greatest part of Christs kingdom . And can any wise man think that this kingdom thus divided can stand ? A man cannot serve two Masters , saith our Savior , but that he will love the one , and hate the other , and Jove himself cannot please this many headed monster . Therefore if the almighty God had not put the bridle of Government into the peoples mouths , and the reigns into the hands of their Superior , like the unruly horses of Phaeton , or the masterlesse winds of Eolus let loose , they would have torn the world asunder , and brought all things with themselves into Confusion . Tanta est discordia Fratrum , So great is the discord , even of Brethren . No King can be so well accomplished as to please all men , neither indeed is it a sign of an honest man to be so flexible , as to please every one , Populo placere non potest cui placet virtus , the just love him , whom the wicked hate ; and the wicked love him , whom the just hate ; what King so pious , just , religious , and mild , as Moses the meekest of all men ? and what greater treason was ever hatched and plotted against any man than him ? Korah , Dathan , and Abiram , with two hundred and fifty Princes of the Congregation , lead the people to Sedition , and then to Rebellion , telling Moses to his face , he took too much upon him , and had not God Vindicated the sacred Soveraignty which he had placed in Moses , even Moses himself had become a prey to the blood-thirsty , and Rebellious appetite of these Traytors ; For it came to passe , that the ground clave asunder that was under them , and the earth opened her mouth , and swallowed them up , and their Houses , and all the men that appertained unto Korah , and all their goods , they and all that appertained to them , went down alive into the pit , and the earth clozed upon them , and they perished from among the Congregation ; and all Israel that were round about them , fled at the cry of them , for they said , l●st the earth swallow us up also ; And there came out a fire from the Lord , and consumed the two hundred and fifty men that offered incense , as you may read in Numbers 16. A fearful example , one would think enough to deterre the hearts of all Traytors from rebellion . This was the first rebellion we read of in the Scripture , and how God approved of it , doth appear by the exemplary punishment . These Traytors did but only murmur , and rebel with their tongues , yet see how God rewarded them ; then what punishment is reserved for them , who do not only murmur , and rebel with their reviling tongues , more sharp than a two edged sword , but also murder the Lords anointed , and powr out his sacred bloud like water upon the ground ? Doubtless they have just cause to fear , that although they flourish here like the green grass , yet at the day of Judgement , Hell it self will open it's mouth , and swallow them up both bodies and souls into everlasting fire , and damnation , where there shall be nothing but weeping , and wailing , and guashing of teeth . Lento gradu ad vindictam sui divina procedit ira , & tarditatem supplicii gravitate compensat ; The longer the blow is a fetching , the heavier it will be when it falleth , Divine vengeance cometh , though with a slow yet with a sure foot . Though King David was a man after Gods own heart , yet could he not please the people , for Absolom his own Son made a conspiracy against him , and forced him to flye for his life ; But mark the end of this Traytor , though the earth did not open her mouth and swallow him up , yet the very Trees took vengeance , and caught him up by the head , so that he hung between heaven and earth , as unworthy to go to heaven , or to live upon the earth . 11 Sam. 18.9 . Then how dare these Pulpit Hunters blaspheme God , and prophane his Word , and Sanctuary , so much , as to preach that Rebellion is obedience , nay a necessary duty commanded of God , and a great means to carry on the work of Salvation , inciting the people to cry out for justice , accounting all things injustice , unless that they have their wicked ends ? So Absolom did steal the hearts of the people who had controversies , telling them , that there was no man deputed of the King to hear them . 11 Sam. 15.4 . And Absolom said moreover , O that I were made judge in the Land , that every man which hath any sute , or cause , might come unto me , and I would do them Justice . A true Lecture of a Traytor ; for you shall never find Traytors without Law and Justice on their sides , to colour their actions ; The King hath not deputed a man ( say they ) to distribute Justice . He is popishly given , and would bring into the Kingdome the popish Religion ; He infringeth your Charters , breaketh the Laws , and destroyeth your Rights and Liberties . But O that we were made Judges in the Land , how equally and impartially would we give justice to all men ? we would not take away your Charters , nor encroach upon your Liberties ; The preservation of the Law and Religion is the only cause , for which we take up arms ; But when with their charms and sorcery they have intoxicated the people , got the hilt of the sword into their own hands , and a power to do what they list , then down goeth both Law and Religion , and the King too , like Jonas , must be thrown down from the stern of Government , to appease the tempest of the multitude ; And then , and not untill then , like the head of a Snail , or a Tortoise out of it's shell , not seen before , doth appear their own cause , and indeed the only cause for which they took up arms , which is their own private interest , and the destruction of the whole Kingdome , with their own bodies and souls hereafter . Hor. Suis & ipsa Roma viribus ruit . And Englands own Sword , destroyeth poor England . But let Traytors pretend what they will , yet this is a Principle , whose original is the Bible , confirmed by our Saviour and the Apostles , by all the Fathers of the Church , and by all Christian people , by all reason and Religion , That Kings have the Supreme power over their people , and consequently the people no power to resist them , either to save their Laws , Religion , or for what other pretence soever . For , Rex si supra populum optimatesve agnoscat proprie non est Rex , He cannot be a King , which hath not the supreme authority and Soveraignty ; Divisum imperium cum Jove Caesar habet , It is God and the King to whom Soveraignty belongeth , the people are their Vassals , and not sharers in so high a dignity . Our Saviour alone was both God and Man , and it is a thing impossible , for the people to be both king and Subject too , at one time . But why should I seek stars to light the noon day ? or press that with arguments to be true to them , who with their oaths have confirmed it for a truth , swearing , I William Lenthal do utterly testify and declare in my conscience , that the Kings Highness is the only Supreme Governour of this Realm , and all other his Highness Dominions and Countries , aswell in all spiritual , or Ecclesiastical things , or Causes , as Temporal : And that no forein Prince , Person , Prelate , State or Potentate , hath or ought to have any Jurisdiction , Power , Superiority , Pre-eminence or Authority , Ecclesiastical or Sp●ritual , within this Realm . And therefore I do utterly renounce , and forsake all forein Jurisdiction , Powers , Superiorities , and Authorities ; and do promise that from henceforth I shall bear faith , and true allegiance to the Kings Highnesse , his heirs and lawfull Successors , and to my power shall assist , and defend all Jurisdictions , Privileges , Pre-eminences and authorities , granted or belonging to the Kings Highnesse , his heirs and Successors , or united and annexed to the Imperial Crown of the Realm . So help me God , and by the Contents of this Book . What greater exemplification , confirmation or demonstration of the kings Soveraignty , can there be than this Sacred Oath of Supremacy ? For this is the thing which the Lord hath commanded ; saith Moses , Num. 30.1 , 2. If a man Vow a Vow unto the Lord , or swear an Oath to binde his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . And is there any English-man so impudently wicked and prophane , as presumptuously to break Gods Commandement , break his own vows , and impiously turn perjured Traytor ? vix ipse tantum vix adhuc credo malum : scarce I , even I , who have seen it with my own eyes , can yet hardly believe so great a villany can be perpetrated . Haec facere Jason potuit ? Could the betrothed do this ? Heu pietas ! Heu prisca fides ! Alas the antient piety ! Alas the fidelity of old time ! Debuit ferro obvium Offerre pectus , I would have dyed first . — Quid non mortalia pectora cogis Auri sacra fames ? What doth not gold , more sacred to them than their oathes , compel mortals to atchieve ? Vid. 1. Eli. cap. 1. That the Kings power is above the Law , is demonstrated by reason , and proved by authority . In the beginning were no Laws , but the Kings will and pleasure . Adams absolute power . The King can do no wrong . It is better and more profitable that one King , than many Tyrants do what they lift with us . The King hath no Judge but God. That place in learned Bracton , which Bradshaw and others used as an authority to kill the King , explained , and their damnable opinion and false Commentary upon him confuted . The King is bound to observe Gods Law , yet absolute King. That God not the people instituteth kings , and that the House of Commons which is but the tail of the Parliament , nor any whole Parliament , can have power over the king , or disinherit him . HAving made it evidently manifest , that the King hath the supreme power and Soveraignty over the people , I will now ascend a step higher , and make it as manifest , that he hath the supreme power and Soveraignty over the Laws , as well , as over the people . Quidvis facere , id est regem esse , saith Salustius , To do what one will , is to be a King ; Cui quod libet , licet , Qui legibus solutus est , Qui leges dat , non accipit , & proiude , qui omnes judicat , a nemine judicatur . To whom it is lawful to do what he lift , without punishment by the people . Who is freed from the fetters of the Law , who giveth Laws , and receiveth Laws from none , who judgeth all men , and himself is judged by none , and this is the true definition of a king , warranted in holy writ , by the example of all kings , by the Prophets , by the Apostles , by the holy writings of multitudes of men , by the Fathers of the Church , by the true Orthodox Clergy , by the Law of Nations , and of Nature . In the beginning , saith Iustin . Populus nullis legibus tenebatur , sed arbitria regum pro legibus erant ; The people were kept under by no Laws , but the will of their kings was the only Law they had ; which I find verifyed in the first king which God made , Adam , Whose power was absolute , for in his Commission he had from God , there is no limitation , Gen. 1.28 . Be fruitful and multiply , and replenish the earth , and subdue it . And have dominion over the fish of the Sea , and over the fowl of the Air , and over every living thing that moveth upon the Earth . Here is no command , that he shall not make a Law without the consent of a Parliament ; that he shall receive so much tribute of his subjects , and no more ; the king is not here prohibited to have a negative voyce , or tyed up with any Law of his subjects ; He is to give Laws , not to receive them ; what his will leadeth him to , that may he do , which is all included in this word , Dominare , have Dominion . But go a little further , and see his Majesty upon his royal Throne , where ( with reverence be it spoken ) you may behold the Almighty doing more obedience to the King , than his vassals do in these our dayes , Gen. 2.19 . And out of the ground the Lord God formed every beast of the field , and every fowl of the air , and brought them unto Adam , to see what he would call them ; And whatsoever Adam called every living creature , that was the name thereof . The Lord God formed every living thing , but Adam must give them names ; The Lord God brought them to him , but it was but to see what he would call them : For whatsoever Adam was pleased to call every living creature , that was the name thereof . So that hitherto , there was no Law , but the will of Adam the King to govern every living creature , Ad libitum Regis sonuit sententia legis . What Adam pleased to command , that was presently obeyed . But let us make a further progress and explicate the Soveraignty of king Adam ; For as yet there was not found an help meet for him , But the Lord God caused a deep sleep to fall upon Adam , and he took a● rib out of his side , whereof he made a woman , and brought her unto the man ; And Adam said , this is now bone of my bones , and flesh of my flesh , she shall be called woman , because she was taken out of man. The Lord God made the woman , but it was of one of Adams bones , and Adam must give her a name ; Nay Adam must make a Law concerning her , For , Therefore shall a man leave his Father , and his Mother , and shall cleave unto his wife , and they shall be one flesh ; which Law continueth still , and shall do for ever ; For there shall be marrying , and giving in marriage until the end of the World ; Therefore Justine doth prove a true Historian , when he saith , in the beginning , Arbitria Regum pro legibus erant , There was no Law , but the kings will : for you may read of many kings before Moses his time , as of nine in one chapter , Gen. 14.1 , 2. But Moses was the first that ever writ Laws , or invented letters as we can finde ; then what Laws could those nine Kings use , and all the Kings from Adam , until Moses , but their own wills ? And God gave Moses the power of Governing the people , before he gave the law , and Moses administred Justice to every one , according to his pleasure ; so did Joshua , and Saul , and all the Kings after them ; and if the King governeth with the law , which is derived from him , which is most certainly true , then undoubtedly the King is above the law . For propter quod unumquodque tale , ipsum magis tale , that by which any thing is made such or such , is in it self much more such or such . But the King maketh the Law ; Ergo , the King is much more above the Law. The Laws are the reigns with which the King governeth and guideth the people ; how can the Charioter rule his horses , if he hath not the free use , and power over the reigns ? and by what means can the King rule , and direct his people , if he hath not the supreme power over the Laws ? with which he is to guide them , not they him . If the Law be equal in power with the king , then why doth the king pardon those , whom the Law condemneth , alter the old Laws , and make new Laws ? For par in parem non habet imperium , every boy can tell that a man hath no power to command his equal ; but suppose the Laws should be equal or above the king , who should put these Laws in execution ? The people cannot , because ( as I have already shewen ) they are Inferior to the king , and Contra rationem est contraque naturam , superiorem ab inferiore judicari , saith Barclay , It is against reason and nature , that the Superiour should be judged by the Inferiour . Therefore though nothing can be so true and plain , but that subtle Sophisters , by Sinister and false interpretations , and glosses , will make it obscure ; yet it is an inviolable truth , that the king is above the Law , and therefore Rex non potest facere injuriam , the king can do no wrong , for ubi non est Lex , ibi non est transgressio , quo ad mundum , where there is no Law there is no transgression , as to the world . Quisquis summum obtinet imperium , sive is sit unus Rex , sive pauci nobiles , vel ipse populus universus , supra omnes leges sunt , Ratio haec est , quod nemo sibi feret legem , sed subditis suis , se legibus nemo adstringit , saith Saravia , de Imperand . autor . li. 2. c. 3. Every Governour , let the Government be Monarchie , Aristocracie , or Democracie , is above all the Laws ; for no man can impose Laws on himself , but on his subjects , and no man can bind himself to keep his own Laws , because as Barclay saith , Quod neque suis legibus teneri possit , cum nemo sit seipso superior , nemo a seipso cogipossit , & Leges a superiore tantum sciscantur , denturque inferioribus ; No man can be bound by the Laws he makes himself , because no man is above himself ; neither can any man be compelled of himself ; and Laws are only made by superiours , and given to inferiours . Cujus est instituere ejus est abrogare , He which maketh any Law may abrogate it when he pleaseth . It is not possible for any Government to be without arbitrary power ; most men of a late edition allow it in Aristocracy , and Democracy , Why then not in Monarchy ? If it be Tyranny for one man to govern according to his will ? Why should it not be far greater Tyranny for a multitude of men to govern , how they please , without being accountable , or restrained by Law ? But though silent leges inter arma , Yet Rex est viva Lex , as our books say , The king is a living Law , Indigna digna habenda sunt , Rex quae facit , Those things which are unlawfull for the subject , are lawfull for the king to do . Imperatorem non esse subjectum legibus qui habet in potestate alias leges ferre , saith B. Augustine . The king cannot be subject to the Laws , because he hath power to make other Laws . What then ? after he hath established a Law , That his subjects shall quietly injoy their estates , may the king legally without offending God , take away their estates , and break that Law ; Because his will is a Law ? I answer he may . But distinguenda sunt tempora & causae . The King hath a Conscience aswell as another man , which must be ruled according to Gods Law and Equity ; otherwise God to whom vengeance only belongeth , will judge him . It is lawful for the king ad supplendam reipub . necessitatem , & supportandam regiam majestatem , to supply the necessity of State , and to support his Royal Majesty , notwithstanding any former Law , to take away the estates of his subjects , without their leave , and that legally too , because in that case his will makes a Law. And therefore doth the common Law of England allow him many prerogatives , which to explain would require a volume of it self , and are very copiously in our Law books demonstrated . But the summe of them is , The king upon just cause may do what he please , both with his subjects , and their estates , and no body is to be judge , whether that cause be just or no , and take vengeance , but only God & his own conscience , If it be unjust , Habet Deum Judicem Conscientiae , & ultorem injustitiae , He hath God the Judge of his conscience , and the Revenger of his injustice . And satis sufficit ei ad paenam , quod Dominum expectet ultorem , It is punishment enough for him to think that God will take vengeance on him , saith Bracton ; doth Bracton say so ? Why there are some a amongst us , who make Bracton the only instrument , and authority to kill kings . But to vindicate the Law , and Reverend Bracton ; I will make bold to tell them ( for veritas audentes facit , truth makes a man bold ) that they belye Bracton , and scandal the Law , and their profession ; And that it may appear , it is not my opinion only , I will recite that warrant out of Braston , li. 2. c. 16. fol. 34. which they build upon , and the answer to it of the Lord Bishop of Osory , a man worthy of eternal renown , both for his Law , Learning , and Religion ; for saith he , Yet because this point is of such great concernment , and the chiefest Argument they have out of Bracton , is that he saith , Rex habet superiorem , legem , curiam suam , Comites , Barones , quia Comites Dicuntur , quasi socii Regis , & qui habet socium habet Magistrum ; & ideo si Rex fuerit sine fraeno , id est , sine lege , debent ei fraenum ponere , nisi ipsimet fuerunt cum rege sine fraeno , And all this makes just nothing in the World for them , if they had the honesty , or the learning to understand it right . For what is above the King ? the Law , and the Court of Earls and Barons ; But how are they above him ? as the Preacher is above the King , when he Preacheth unto him , or the Physician when he gives him Physick , or the Pilot , when he sayleth by Sea , that is quo ad rationem consulendi , non cogendi , they have superioritatem directivam , non coactivam . For so the teacher is above him that is taught , and the Counseller above him that is counselled , that is , by way of advice , but not by way of command , And to shew you that this is Bractons true meaning , I pray you consider his words ; Comites dicuntur quasi socii , they are as fellows or Peers , not simply , but quasi ; And if they were simply so , yet they are but Socii , not superiours ; And what can Socii do ? not command ; For par in parem non habet potestatem , that is praecipiendi ; otherwise you must confess , habet potestatem consulendi ; Therefore Bracton adds , qui habet Socium habet Magistrum , that is a Teacher , not a Commander ; and to make this yet more plain , he adds , si Rex fuerit sine sraeno , id est sine lege , If the King be without a bridle , that is , saith he , ( lest you should mistake what he means by the bridle , and think he means force and arms ) the Law , they ought to put this bridle unto him , that is to press him with this Law , and still to shew him his duty , even as we do both to King and people , saying , this is the Law , this should bridle you ; but here is not a word of commanding , much less of forcing the King ; not a word of superiority , nor yet simply of equality ; And therefore I must say , hoc argumentum nihil ad rhombum : And these do abuse every Author . So much the Bishop , and I think this answer will satisfy every reasonable man ; And I add further , that it would be very strange that Bracton should say in this place that the King hath a Superiour , when he denyes it in several other places of his book , and presseth it with arguments that he hath not , saying , Omnis quidem sub eo , & ipse sub nullo nisi tantum sub Deo , All are under the King , and the King under none but God. Rex non habet superiorem nisi Deum , The King hath no superiour but God , Nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire , Let no man presume to dispute against the Kings actions , much less withstand his actions with force and arms , and rebel against him , fol. 6. Ipse autem Rex non debet esse sub homine , sed sub Deo , The King is under none but God , Exercere Rex debet potestatem sicut Dei vicarius in terra & Minister , quia ea potestas solius Dei est , The King ought to exercise power , as the Vicar and Minister of God , because he receiveth his power from God only . Therefore they who would fain have Bracton say that the Law and the people are the Kings Superiours , would make him as uncertain as themselves , and do very much abuse that venerable Author ; and no man can finde so much as scintilla legis , a spark of Law in all the Law books , that ever the People or Law were above the king , so as to punish him ; and doubtless if there had been any such thing , the learned Lawyers would have reported it to posterity ; And A non usu valet argumentum . But they all unanimously resolve and report the contrary . Reader , I Would not have thee imagine , as some men through malice , or ignorance , do most impudently assert , that when we say , The King is absolute and above the Law , that thereby is intended , that the King is freed from , and hath power to act against Gods Laws , when he pleaseth . No , this is but their false glosse and interpretation , For , non est potentia nisi ad bonum , hability and power , is not but to good ; There is no power but what is from God , and therefore no mortal man can have a power to act against God ; To sin , and break Gods commandements , is impotency , and weakness , no power ; For the Angels which are established in glory , do far excel men in power , yet they cannot sin . The Law of God is above the King , and he is bound to God to keep it ; yet neverthelesse he is an absolute King over men , because God hath given him the Supreme power over them , and hath given no power to men to correct him , if he transgresse : But God only whose Law only he can transgresse , can call the King to an account . Hoc unum Rex potest facere , quod non potest injuste agere , the King only is able , not to do unjustly , is a rule in Commonlaw , and the reason is , because the people do not give Laws to the King , but the King only giveth Laws to the people , as all our Statutes , and Perpetual experience hath taught us . Therefore how can the King offend against the Laws of the people , or be obnoxious to them , when they never gave him any Laws to keep , or transgresse ? and then how can the people punish him , who never offended their Laws ? Therefore the King must needs be absolute over the people , and only bound to God , not to the people , to keep those Laws , which God , not the people gave him ; and as God is above the Laws , and may alter them at his pleasure , which he gave and set over the king , so is the King , above , and may alter at his pleasure , those laws which at his pleasure he gave & set over the people ; still observing that he is free from all Laws , quo ad coactionem , in respect of any coaction from the people , but not quo ad obligationem , in respect of obedience to God , by his obligation . Therfore well might Solomon counsel us to keep the Kings commandement , saying , Eccles . 8.2 . I counsel thee to keep the Kings Commandement , and that in regard of the Oath of God. Be not hasty to go out of his sight , stand not in an evil thing , for he doth whatsoever he pleaseth . Where the word of a King is , there is power , and who may say unto him what d●st thou ? These words are the words of God , which King Solomon did speak by infusion of the Spirit ; In which you may see that the King doth what he pleaseth . And we are commanded not to stand in an evil thing , that is according to Iunius and Tremel : translation ; perturbatione & rebellione , quae tibi malum allatura esset , ageret tecum arbitratu suo , sive jure , sive injuria . We must not murmur , and rebel against the King , though he deal with us unjustly . He may be just , when we think he is unjust ; The Kings heart is in the hands of God , the searcher of all hearts , as the Rivers of Water , not in the hands of the people ; Therefore God , not the people , can turn it whether soever he will. Prov. 21.1 . King David was , filius Dei , non populi ; The Son of God , not of the People , Psalm 89.26 . It was God who made him higher than the Kings of the Earth , verse 27. not the People . He was neither chosen of the People , nor exalted of the People ; For I have exalted one chosen out of the people , saith God , verse 19. The exaltation was Gods , and the choice not of , but out of the people ; For I have found David my Servant , with my holy oil have I anointed him , saith God , verse 20 : Kings are the Children of the most high , not of the people , Psalm 82. " Therefore who can say unto the " King , what dost thou ? If the people of England have power to depose and make Kings , Why are they usurpers , who by the power of the people destroy the lawfull King , as did Richard the third , and by the consent of the people , established himself in the Government ? They are Kings , de facto , but not , de jure , as all our Books agree ; For the people have not the Soveraignty , but the King. Surely the people of England thought so , when by act of Parliament they ordained that none should be capable to sit in Parliament , before they had Sworn it , vide 1 Eliz. 1.5 Eliz. 1.1 Jac. 1. And I am sure that the breaking of the Oath , can give the Parliament no new Authority . It is declared by the Lords and Commons in full Parliament ( rot . Par. 42 E. 3. nu . 7. Lex & consuetudo Parliamenti . 4 Inst . 14. ) upon demand made of them on the behalf of the King , that they could not assent to any thing in Parliament that tended to the disherison of the King , and his Crown , whereunto they were Sworn . And it is strange to think that the House of Commons , which is but the tail of a Parliament , should have that power , which both Lords and Commons had not . But since there can be no Parliament without the King , 4 Inst . 1 , 2.341.356 . We may conclude , that these men being Traytors , Rebels and Tyrants , will take upon them to do any thing . Defensive War , against the King , is illegal , or the Great question ( made by Rebels , with honest men no question ) Whether the people for any cause , though the King act most wickedly , may take up arms against their Soveraign , or any other way by force or craft , call him in question for his actions ; Resolved , and proved by the Law of God , the Law of Nations , the Law of Nature , the Laws of the Realm , by the rules of all Honesty , Equity , Conscience , Religion , and Piety ; by the Example and Doctrine of our Saviour Christ , all the Prophets , Apostles , Fathers of the Church , and all pious Saints and holy Martyrs , That the peopl● can have no cause either for Religion , or Laws , or what thing soever , to levy War against the King , much lesse to murther him , proved in Adam . The manner of the Government of the King , Gods Steward , and Stewart , when he cometh described , The Bishops , Lords Prayer , and Common Prayer Book , must then be restored , with their excellencies now abused . He will lay down his life , before he will betray his trust , and give his account to any but God , as did our last great Stewart , his Father . The blessednesse of the people , when the King shall come and rule over them declared ; his Majesty . The Christians duty towards their King laid open , and warranted by the Death and Sufferings of Christ , and multitudes o● Christians . The madnesse of the people in casting o● the Government of a gracious King , and submitting to a Multitude of Tyrants ; and the dreadfull events , if the Tyrants do not restore the King to his own again . The murder of the late King Charles , is proved to be most illegal ; and how the Rebels use the liberty of the people , only as a Cloak for their wickednesse , and their Knavery discovered , in pretending the supreme power to be in the people , whereas they use it themselves , and so Tyrannize over us . The Laws of England described , and proved that our Soveraign Charles the 1. was unjustly killed , against the Common Law , Statute Law , and all other Laws of England . WE have already clearly proved , that Kings are by Divine institution , that they have their power from the Heavens , and not from terrestrial men , and that their power is above the people and Laws ; We are now come to see whether the people the Kings subjects have power to destroy and put assunder , that which God hath thus created and joyned together . It is a sound conclusion , which naturally and of necessity floweth from the premisses , that they have not , and having shewed , 1. That God made the first King Adam , in Paradise . 2. That there he received his regal power from God , not from the people . And 3. That there he arbitrarily made Laws , according to his will , where he had reigned a Monarch for ever , as Divines hold , had not he transgressed . Let us now see what became of him after his transgression ; for King Adam did transgress , and he must give an account of his Stewardship . But to whom must he give his account ? To man he cannot , for the King hath no superiour on earth . Therefore he must to God , who in the 19 th . verse of Gen. cap. 2. challengeth his praerogative ; And the Lord God called unto Adam , and said unto him , Where art thou ? No sooner did Adam hear God call , but he presently gave an account of himself , saying , verse the 10. I heard thy voyce in the garden , and I was afraid , because I was naked , and I hid my self . Where note , That God taketh an account chiefly of the king for his subjects offences ; The king is Gods Steward , and God will reckon with him , God sent him from Paradise , out of the garden of Eden , to till the ground ; Therefore that he may make a good account , he must Parcere subjectis & debellare superbos , cherrish the flowers , and root up the weeds ; He must be a nursing Father to his loyal subjects , but he must batter down the swelling pride of Traytors . The true Protestant Religion must florish as the best flowet in his Garden ; But the Anabaptists , Independents , Presbyterians , Papists , Jesuits , and other wicked Sectaries must be pulled up as weeds , lest they overspred , and choak the good flower ; They must be extirpated by the root whilest they are young , lest the● grow up and seed , and their seed be sowen up and down in the whole World. He must set the Bishops again in their natural soyl , which is now grown over with these weeds , and rubbish , That , that stone which these new builders refused may become the head stone of the Corner , and the Bishops Lands , which they did not refuse , must be given to the Church again . The Common Prayer Book , now rejected as fit for none , but the use of Papists , He must bring in , and make those Papists read it , who now reject it , as Popery , for no other cause , but that there is no Popery in it . He must turn the Horses , and other unclean beasts out of his Sanctuary , now made a Stable , [ St. Pauls , &c. ] and put in holy Bishops , and reverend Pastors in their room ; And since our Saviour hath commanded it , He must make the Lords Prayer current amongst us ; That our Ministers may leave off piping what they list , and pipe the true tune , which the Lord of life , the best Musician taught them that all Gods people may dance ; For how can we dance when the instrument is out of order , and the wrong tune is piped ? Good God! what a superstitious and Papistical age do we live in ? when we account it superstition and Popery to say the Lords Prayer , & the Common Prayer , the ordinary means of our salvation ? O blessed Iesus ! Hast not thou commanded us not to use vain repetitions ; But when we pray , to pray thus , Our Father , & c ? Dost not thou know what we want better than our selves ? and hast thou not prescribed us a set form of prayer to ask it with ? And shall we cast thy prayer behind our backs , and presume to come before thee without it ? are we wiser than the Lord of life , or is there any nearer way to Heaven , than that which he hath taught us ? shall we present the Lord with our own husks , and trample on the Manna which he hath prepared for us ? Is there any other spirit to teach us to pray , than the Spirit of the Lord , which taught us in his Gospel ? When we petition to any of our superiours on earth , then we premeditate , and cull out filed and curious words , worthy of his personage : But when we should pray to the Almighty , then any thing which lyeth uppermost is shot out at him , like water out of a squirt , and what pleaseth our foolish phantasies , that we pretend to be the Spirit of the Lord. O God arise , vindicate thy own cause ; Let not the soul of thy Turtle Dove be given into the power of the wicked , For how is the Mother reviled by her Children ? and it grieveth thy servants to see her stones lye in the dust . But , rege venienti hostes fugierunt , It is Gods Steward , otherwise called Stewart , with must remedy all this , He must turn our spears into pruning hooks , and our swords into plow-shares , and so consequently our sword-men into plow-men ; The love of his Subjects must be the Magazine of his Artillery , and their Loyally , and obedience , must be their chiefest good and honour . O fortunatos nimium sua s● bona norint , O happy multitude , if they did but know their summum bonum , their chiefest good ; which is loyalty and due obedience to their Soveraign . For he will not break the Charters of their Corporations , nor invade their rights , and liberties . He will not distrain for excessive Taxes , nor impose great burdens on his Subjects . The Law shall be to him as the apple of his eye , and the true Protestant Religion , as his dearest heart . Learning shall florish , and the Vniversities shall not be destroyed . He will not murder the Prophets , nor massacre the Citizens before their own doors . He will not contrive plots with his Impes , and Emissaries , to catch honest men with their estate . Justice shall run down the streets like streams , and peace shall make the Land flow with milk and honey . Every man shall eat the fruits of his vineyard , under his own vines : and enjoy the presence of his family , with the absence of a Souldier . He will not build up his throne with bloud , nor establish his royal state with lyes , and dissembling . Flatterers will he abandon from his Court , and those who keep other mens estates , will he banish from his Realm . But suppose that he should eat of the forbidden fruit , do what was right in his own eyes , and evil in the Lords , To whom shall this great Steward give an account ? shall he give his account to the Inferiour servants of his Lord ? That would be an audacious and wicked attempt of them . A high prejudice to the Lord , and a great dishonesty and disgrace to the Steward in his Office. For the Lord would be extremely offended . The Inferiour servants severely punished , for exacting an account which only belonged to their Lord ; And the Steward would be dismissed of his Stewardship as dishonest , and unfaithful . Therefore every just and pious Steward will dye , before he will so much wrong his Lord and Master of his right , as to give an account of his Stewardship to them , to whom it doth not belong : and although they are so unjust and dishonest to require it ; yet he will give them his a life , before he will be corrupted . For he is accountable to none but unto the Lord , who will require it as his due ; For the Lord called unto Adam , and said unto him , where art thou ? And he said , I heard thy voyce in the garden , and I was afraid , because I was naked , and I hid my self . But what , is this all ? Must the King give an account only of himself ? No , he must answer for his subjects too . Of him to whom much is given , much shall be required . For Adam said , The woman whom thou gavest to be with me , she gave me of the tree , and I did eat . Where note , that the subject may cause the Soveraign to sin , and the sin of the subjects often times pulleth down judgments on their Soveraigns head , aswell as on their own , and the King must be their Accomptant . Eve first sinned , But Adam must be first called in question . Yet he was a King , and therefore none must call him in question but God , who only was his Superiour . But when Adam fell , did not his Soveraignty fall with him ? No , Adam was a King after his fall , and had his Soveraignty confirmed to him by God for ever . For Gen. 3.16 . And thy desire shall be to thy Husband , and he shall rule over thee , so that Adam did still retain his superiority . But was not this Soveraignty personally fixed in Adam , and so dyed with him ? No , God did declare it transmissible from Adam , to the first born . For Gen. 4.7 . God said to Cain the first born , speaking of his younger brother Abel , sub te erit appetitus ejus , & dominaberis ei , Unto thee shall be his desire , and thou shalt rule over him . So that from Adam it doth appear , 1. That Kings are ordained by God , not by the people . 2. That God gave them their regal power . 3. That that power is above the laws . 4. That they have no Superiours but God. And 5. That God only hath power to call them in question , and punish them if they offend . For — Crimine ab uno Disce omnes : From that one great offence which Adam the King committed , and was not accountable , neither did he account with any , but with God , lea●n all , that the King cannot commit any offence so great , as to give his Subjects just cause to call him in question , or to take up arms , and with force to resist him . Which I shall prove with luculent authorities , and pregnant examples , both human and divine . I think it is received by all for a truth , That the King is Pater Patriae , the Father of his Country , Maritus Reip : the Husband of the Commonwealth , and Dominus Subditorum , the Master of his Subjects . I remember that Roffensis de potestate Papae , asketh this Question , An potestas Adami in filios ac nepotes , adeoque omnes ubique homines , ex consensu filiorum , ac nepotum dependet , an à solo Deo ac natura profluit ? Whether the power of Adam over his Children and nephews , and so over all the men in the world , doth depend on their consent , or whether it doth not flow from God and Nature ? I have already made it clear , that his power doth not depend on their will and consent , but is instituted by God and Nature . If so ? then I ask this Question , Whether the sons of Adam have any power either from God or Nature , violently to resist and oppose the King their Father ? Which Question , I conceive , may be as truly resolved , that they have not . For first , there is nothing so fairly written , and so deeply impress'd in Nature , as Obedience : You may see it in every creature ; every brute beast will teach you the obedience due from children to their parents , and the soveraignty of the parents over their children . Vipers indeed will destroy their parent ; but it is a monster in Nature , and therefore not imitable by any , but those of a viperous brood . Behold the natural love and obedience of the pious Storks towards their parents , who feed their feeble and impotent parents , when they are old , as they fed them being young : And lest Obedience should lose a reward , the Ae●yptians so esteemed this bird , that they laid a great penalty on him that should kill it . You may read of many beasts and fowls , that with bloudie strokes will beat away and banish their young from them ; But so great is the natural love & allegeance of their young , that ( as if it had been high-treason for them so to doe ) they will not so much as resist their parents , but flie from them ; teaching every subject his true obedience towards his Soveraign , and that in this case only when the Soveraign would unjustly punish him , it is most honourable , and the greatest argument of a valiant man , to run away . Would not it be a most hideous and detestable thing for a son to murder his own Father ? Nay , suppose the Father should draw his sword at his Son , would that be a just ground for him presently to run in upon his Father and stab him ? surely I think every mans nature will teach him to speak better things than these , and to be so far from approving it ; that he will account nothing more horrible , and worthie of so much punishment , Pater quamvis legum contemptor , quamvis impius sit , tamen pater est . Patri vel matri nullo modo contradicere debemus , dicant , faciant , quae volunt , saith Origenes , We ought to contradict our Father or Mother by no means , let them say or doe what they please ; for be they good or bad , they are our Father and Mother . But behold a greater than thy Father is here , It is thy King : whose Sword commandeth fear , whose Crown importeth honour , whose Scepter requireth obedience , whose Throne exacteth reverence , whose Person is sacred , his Function divine , and his Royal Charge calleth for all our praiers . O quam te m●morem virgo ? namoue haud tibi vultus Mortalis , nec vox hominem sonat , O Dea certe ! O King , with what terms of honour shall I style thee ? Is it lawfull to call thee a Man ? The Almighty hath said , that ye are Gods , and I will not say that ye shall die like men . The radiant beams of your Countenance declare you more than mortal ; For in the light of the Kings countenance there is life , saith Solomon , Prov. 16.15 . Neither is their voice like the voice of other men , For A divine Sentence is in the lips of the King , and his mouth transgresseth not in judgement , Prov. 16.10 . Therfore I will conclude , that the King is a sacred Deitie . A day in his Courts , is better than a thousand , I had rather be a door-keeper in the house of the King , than be a Protector , &c. and reign in the tents of wicked Traytors . For the Kings Throne is established by righteousnesse and mercy , but Traytors reign by their Villanies , and raise themselves up by the bloud and downfall of their superiors . But God hath given his judgements to the King , and his righteousnesse unto the Kings son , and he will judge the people with righteousness , and the poor with judgement . Therefore kiss the son lest he be angry , and ye perish from the way , when his wrath is kindled but a little , blessed are all they that are trusty and faithfull unto him . I counsel thee to keep the Kings commandment , and that in regard of the Oath of God ; Be not hasty to go out of his sight : stand not in an evil thing , for he doth whatsoever he pleaseth . Rejoyce greatly , O daughter of Zion , shout O daughter of Jerusalem , behold thy King cometh unto thee , he is black , but comly , he is just , and will be a nursing father to the people , & his Queen shall be a nursing mother , For God hath made him our King ; And our King cannot be made glad with our wickedness . But our lies and hypocrisie , grieve him to the heart . The King by Judgement shall establish the Land. It is abomination to Kings to commit wickednesse , neither is it for Kings to drink wine , Mercy and truth preserve the King , and his Throne is upholden by mercy . Therefore thrice happy would the people be , if they did not rebel against the Lords anointed , who is righteous and pious , For when the righteous are in authority , the people rejoyce , but when the wicked beareth rule , the people mourn . Rebellion is as the sin of Witchcraft , and stubornnesse is as Iniqvity , and Idolatry , and an evil man only seeketh Rebellion . Therefore a cruel M●ssenger shall be sent against him , For if ye rebel , ye shall be devoured . Therefore Rebel not against the Lord , nor the King. But when he cometh , salute him , Hail King ; but not of the Jews , for you professe yourselves Christians ; Therefore learn of Christ obedience to the King. But s●ppose you were Jews , the Jews abound with reverence to their King , and loath to be so wicked , as to murther their King. For when Pilate said , Behold your King , shall I Crucify your King ? They answered , We have no King but Caesar , accounting it a most barbarous and worse than Jewish act , for any people to crucifie their King , though in a way of publique justice . Therfore even of the Jews let Christians learn their duty to their King , and rejoyce at his coming , as the Bribe doth , at the approach of the Bridegroom . The Husbandmen indeed , in the Gospel , killed the servants , and when the son came to demand the fruits of his Fathers Vineyard , they conspired against him , and said , This is the Heir , come let us kill him , and the Inheritance shall be ours . But they were wicked , and their Judgement and doom was , miserably to be destroyed , to have their Vineyard taken from them , and to be let out to others who would yield better obedience , and render the fruits in their seasons : Therefore let all men take heed , that they doe not perish in the gainsaying of Core , and with those wicked Idolaters , Isa . 8.21 . Curse their King and their God , and look upwards . Whose reward is Hell , where the Devil shall curb them , and rule over them for ever , because they would not let their King whom God placed over them be , as in truth he was and is , their only lawfull Soveraign . It is so well known to every one who knoweth any thing , how the Heathens did honour their Kings as Gods , not onely when they were dead , but also whilst they were living , that it would not only be losse of inke and paper , but also expence of time , which is better , to relate the particulars . But ( pudet heu ) their obedience and allegiance may shame , aswell as be a pattern to the Christians of our age , who wander so far from the path their Lord and Master went in . And if any one be desirous to know how God hath alwayes esteemed of Kings , and with what reverence Gods people have alwayes obeyed them , I refer him to the Bible ; Where ( I may with confidenee speak it ) there is no duty more commanded , and prest upon the people , than obedience , and no sin so much punished as Treason and Rebellion . And the chiefest end of their obedience to the King , is not only for God his glory , and the Kings honour , but also for their own good , praise , and profit . For , for this cause did the Apostle exhort the people , to pray for Kings , and all that are in authority , That we may lead a quiet and peaceable life , for this is good and acceptable in the sight of God our Saviour , 1 Tim. 2.2 . O Melilaee , Deus nobis haec otia fecit . Virgil could tell that the welfare of the King brought Tranquillity , and Peace upon the Land , and therefore he calleth him a God ; Nay , he will therefore honour him as a God , Namque erit ille mihi semper Deus , saith he ; And I fear his allegiance and due obedience will rise in Judgement , to condemn many who profess themselves Christians , yet by their actions are worse than Infidels , who Judas like pretend loyalty to their Soveraign , whilest they plot and contrive with a kisse to betray him ; But Judas hanged himself , and if these men do not hang themselves , It is a great mercy beyond their deserts , if some body else do not do it for them , before they live out half their dayes . For in the fifth Commandment , which as Divines hold is most obliging , We are commanded to honour our Father and Mother ( by which words are meant Kings , Princes , and other Magistrates , ) That our dayes may be long upon the Land which the Lord our God giveth us , which is the first Commandment with promise , as St. Paul observes , Ephes . 6.2 . But this promise is not absolute , lt is upon this condition , that we honour and obey our Soveraign , and if we do not perform our parts , God is not tyed to perform his . If we break his Commandments , he may well break his promise , which was made only on that condition that we should obey , and if we had loved him we should have kept his Commandments ; But whosoever breaketh one one of them , it were better for him that a milstone were hanged about his neck , and that he were drowned in the depth of the Sea. Therefore he who getteth a kingdom by the breach of Gods Commandements , hath no cause to bragg of his gettings ; For what will it profit a man to lose his own soul , and to gain the whole world ? Let every one be subject unto the higher powers ; For there is no power but of God ; The powers that be are ordained of God ; Whosoever therefore resisteth the power , resisteth the Ordinance of God , and they that resist shall receive damnation , saith St. Paul , Rom. 13.1 . Behold here , the duty of a Subject , and the reward of a Rebel . There is no power hut of God , saith the Text ; Therefore he that resisteth the King , resisteth the Ordinance of God , for which he shall receive damnation . What then ? if an unjust King robb us of all we have , ravish our wives before our eyes , dash out our Childrens brains against the wall , set up Idolls , and command us to worship them ? May we not resist him ? Nonne oportet Deo magis obedire , quam hominibus ? Ought we not to obey God rather than man ? I answer , That ye ought to obey God , rather than man ; Yet may you not with violence resist your King. We must not do evil , that good might come thereon . God hath in many places commanded us to obey , and pray even for the worst of Kings . Yet you cannot finde so much as a spark of warranty , for any subject , either Magistrate or private man , to rise against his Soveraign , in the whole Bible , or to call him to an account for any of his actions ; God hath reserved that to himself , as his own peculiar prerogative , Magistratus de privatis , Principes de Magistratibus , Deum de Principibus judicare , saith M. Aurelius , Magistrates are to judge private men , Kings are to judge Magistrates , but none are to judge Kings but God. The only means which subjects have to reform Kingdoms , is that which the Apostle prescribeth , 1 Tim. 2.1 . Let prayers , saith he , and supplications be made for Kings , and all that are in authority , that we may lead a Godly life . Prayers must be the only weapons of Subjects against their Kings ; Let them look into their own breasts , and reform their own hearts , which many times are the only causes of a Judgement on the Nation ; Let them amend their own lives , and with fervent supplications implore him , ( who hath the Kings heart in his hand , and turneth it whithersoever he will ) to reform the King according to his desire . Christiani hominis esse patienter ferre potius , quicquid injuriarum ac molestiarum infertur , quam ut adigi se sinat ad peccandum contra Deum , It is the part of a Christian , rather to suffer patiently what injury or persecution soever is laid upon him , than to offend God , saith Stephanus Szegedinus , Interea tamen non esse illicitum , si quis vim injustam , vel avertere , vel fugere , vel aliquousque mitigare possit , modo id fiat rationibus haud illicitis ; Quod si id fieri non potest , Cavebit Christianus , ne illatam vim contrariâ violentiâ retundere conetur , sed tolerabit potius omnia , nec de vindicando se cogitanit , sed vindictam j●sto Judici permittet , saith the same Author ; Yet it is not unlawfull if a man can , to avert an unlawfull violence , to flie from it , or otherwise mitigate it , so he doth not doe it by unlawful means ; But if he cannot do it by lawful means , a Christian will take heed , and not endeavour to repell an unjust violence offered , with an unjust force : No , he will rather suffer all things first ; neither will he so much as think of revenge , but will leave that to God , the just Judge , to whom vengeance belongeth . O vocem verè Christianam ! O speech most worthy of a Christian . If Herod be wroth , and send forth , and slay all the Children that are in Bethlehem , and in all the coas●s thereof , so that there be lamentation , and weeping , and great mourning , Rachel weeping for her children and will not be comforted , because they are not ; yet will he flie into Egypt with our Saviour , and stay there until Herod be dead , rather than he will rebell against his Soveraign , resist Gods Ordinance , & so damn his own soul . If Saul send messengers to bring him up to him in the bed that he may slay him , or pursue him with 3000. chosen men of Israel , yet will not he put forth his hand against his Soveraign , for he is the Lords anointed : Nay if it be in his power , and he is counseled to kill him , yet with holy David he will cry out , The Lord forbid that I should doe this thing unto my master , the Lords anointed , to stretch forth my hand against him , seeing he is the anointed of the Lord. His heart will smite him if he cut off his skirts , but he will suffer all things before he will cut off his Kings head ; for who can do that and be guiltless ? If the King persecute him in this City , he will flie into another . Hee hath learned of his Master to be subject to his Soveraign , not only for wrath , but also for conscience sake . He is good , and the rulers are not a terror to him . The evil and wicked will murder their Soveraign , for fear his justice should reward them with death , according to their deserts ; But he will not like those filthy dreamers , speak evil of dignities , and despise Dominion , his tears are his arms , and patience his revenger . — Levius fit patientia , Quicquid corrigi est nefas : Though it be unlawfull for him to gather Soldiers with force & arms to correct , and take his Soveraign from his evil Counsellors , yet patience shall both assist , and give him the victory . St. Ambrose and he are alwaies in one time , saying , I have not learned to resist , but I can grieve , and weep , and sigh , and against the weapons of the Soldiers , and the Gothes , my tears and my prayers are my weapons : otherwise , neither ought I , neither can I resist . If the King saith , God do so , and more also to me , if the head of this follow shall stand on him this day , and likewise send a Messenger to cut it off : yet , with Elisha , he will only shut the door against him , and offer no other violence , though it lie in his power . If a multitude come out with swords and staves against him , lay hold on him , and lead him away to the Rulers who condemn him , and deliver him to the wicked soldiers to be crucified ; yet in imitation of his Lord and Master , he will say nothing , rather than revile them ; though they spit upon him , he will meekly wipe it off ; If they crown him with thorns , hee will patiently suffer it ; If they give him Vinegar mingled with gall to drink , hee will tast it ; If they crucifie him , he will voluntarily spread forth his humble hands to be nailed on the Crosse , and will not resist the higher Powers , for the Lords sake . If they saw him in pieces , he will remember that Esaias suffered the same punishment . If they cast him into a Dungeon , so was Jeremiah the Prophet . Solamen miseris socios habuisse Doloris . There is nothing so comfortable as to have companions in misery . If he be cast in to Lions , so was Daniel . If he be thrown into a fiery Furnace , so were the three Children . If he be thrust through the Temples , so was Amos. If he be slain in the porch of the Temple , so was Zacharias . If he be cast into the Sea , so was Jonas . If he be killed with the Sword , so was Vrias the Prophet . If his head be cut off , so was John Baptists . If he be fastned to the Crosse , with his head downwards , so was St. Peter . If he be crucified , so was St. Andrew . If he be murdered with the Sword , so was St. James , the son of Zebedaeus . If he be thrown into a tun of boiling oil , so was St. John the Evangelist . If he be beaten to death with clubs , so was St. Bartholomew . If he be slain with a Dart , or Javelin , so was St. Thomas . If he be beheaded , so was St. Matthew . If he be crucified , so was St. Simon . If he be slain , so was St. Jude . If he be put upon a pinacle of the Temple , thrown down , and after his fall , having breath , be knockt on the head , with fullers clubs , and brained , so was St. James the son of Alphaeus . If he be first stoned , and then beheaded , so was St. Mathias . If his head be cut off , so was St. Pauls . If he be burned to ashes , by furious Idolaters , so was St. Mark. There is no punishment so dreadfull to his body , that shall cause his soul to break Gods ordinance , to lift up his hand against his King , and so bring damnation to his own soul . Occidi licet , occidere non licet , It is honourable to be martyred an innocent Subject , But it is infamy to live a victorious Rebel . Preces & Lacrimae sunt arma Ecclesiae , Church-men must use no other weapons against their Soveraign , than prayers and teares . He that useth the Sword , shall perish by the Sword , and he that fighteth against his King , sighteth against God. For they have not rejected thee , but they have rejected me . saith God , that I should not reign over them : 1 Sam. 8.7 . And if God doth not rule over them , then the Devil , who goeth to and fro in the earth , and walketh up and down in it , will puff up the heart of every sectarie , with the Pride of ruling , and ever the prevailing faction , will set up an Idol to worship , untill Satan doth make another faction stronger than that , and then down goeth the former Idol , and the Idolaters with it , and up starteth another , altogether as wicked and uncertain as the other . Christ never taught it , neither did ever any of the Prophets or Apostles , by their doctrin or example , give the least liberty that could be , to any Subjects to levy war against their Soveraign : But have forbid it , as a most detestable wickednesse , both by their Doctrine , Precepts , Perswasions , Arguments , Commands and Examples ; most of them suffering themselves to be most cruelly tortured , and ignominiously murthered , before they would resist the higher powers ; Nay , they have forbiden all evil words or thoughts against them , commanding and instructing the people to pray even for the worst of Tyrants . What Tyrant more savage and cruel than Nebuchadnezzar ? Yet with what earnest expressions did the Prophet Jeremiah exhort the people to obey him , threatning them with utter destruction for their Rebellion ? What Tyrant more bloudy than Nero ? that Monster to the world , and Idolatrous Persecutor ; Yet St. Paul bids the Romans obey and serve him for Conscience sake . Saul commanded the Amalekite to kill him , who when he had performed the Kings command , brought word thereof to David , which when David heard , although Saul was a wicked King , He said to the Amalekite , Wast not thou afraid to stretch forth thine hand to destroy the Lords anointed ? and commanded him to be slain for his pains , and said , thy blood be upon thy head , for thy mouth hath testified against thee , saying , I have slain the Lords anointed , 2 Sam. 1 16. Innumerous are the precepts of loyal obedience , to which fot brevity sake , I refer you to the Bible , which is an Iliad of such examples . Could not our Saviour have had more than twelve Legions of Angles , to have repelled the fury of his persecutors ? But he was so far from resisting , that he bid Peter , who had drawn his Sword , put it into his place , and moreover told him , that they that use the Sword , shall perish with the Sword. Could not David have cut off S●uls head , when he cut off the lap of his Garment ? Yet his heart did smite him , and he was not able to perpetrate so great a sin . How many glorious Martyrs , both antient and modern , as those in Queen Maries daies , have been burnt alive , racked and torn in pieces , yet never would resist any of their persecutors ? How dare the men then of our age , blaspheme God , even in their pulpits ? teaching the people to rebell , and making God the Author of all their villanies , telling the multitude , It is Gods cause , even when they are acting the most damnable works of the Devil . How justly may they expect the punishment of Sodom and Gomorrah , the plagues of Egypt , and all the Curses in Hell to fall upon them and their posteritie for ever ? If they have any special command from God , or be immediately inspired of him to kill their King , then may they be justified , as in the cases of Eglon , Zimri , Jehu , &c. who did nothing but what was just , when they killed the Lords anointed , because they had Gods will to be their Commander , and no man can sin in performing Gods will : For , sin is nothing but an obliquitie from Gods will. But when they know that it is Gods will , to honour and obey their Soveraign , yet notwithstanding trample him in the dirt ; What Judgement can they expect but that of their Master Lucifer , to be chained in everlasting Hell fire ? Qui disputat de potestate Principis , utrum bene fecerit , est infamis , saith Marginista . He which disputeth of the Kings power , or whether he doth well or no , deserveth the most infamous punishment . For , Tibi soli peccavi , against thee , thee only have I sinned and done this evil , O Lord , saith holy David , when he committed adultery , and , Psal . 51.4 . Murther , as if he should have said , I am a King , and therefore cannot be brought to the bar of Justice by men ; They can give me no Laws to bind me , therefore I cannot offend them . 2 Sam. 12.7 . But against thee , thee only , O Lord have I sinned , and done his evil , against thee , who didst raise me out of the dust , and liftedst me needy out of the dung-hill , and didst ●noint me King over Israel , and deliveredst me out of the ●and of Saul , and gavest me my Masters house , and my Masters wives into my bosome , and gavest me the house of Israel & Judah , & if that had been too little , thou wouldest moreover have given unto me such and such things . Against thee , who hast made me Judge over all , and loaded me with so many prerogatives above my brethren , have I sinned , and for the Judge to offend makes the offence so much the more grievous . The people did not call David in question for his wicked acts , but only God. Deus suam omnem in reges authoritatem contulit , caelum sibi retinuit , terram agendam , ferendamque pro libito tradidit , All the whole Heavens are the Lords , the Earth hath he given to Kings , to dispose of as they please . Therefore saith Solomon , Prov. 30.31 . A King is he against whom there is no rising up . And therefore Job might well ask that question , 34.18 . Is it fit to say to a King , thou art wicked , and to Princes , ye are ungodly ? For presumptuous are they , and self-willed , who are not afraid to speak evil of dignities , 2 Pet. 10. Render to Caesar , the things that are Caesars , Mark 12.17 . Render therefore to all their dues , Tribute to whom Tribute is due , Custome to whom Custome , Fear to whom Fear , Honour to whom Honour . For Rulers are not a Terrour to good works , but to the evil ; wilt thou then not be afraid of the power ? Do that which is good , and thou shalt have praise of the same : For he is the Minister of God , to thee for good . But if thou do that which is evil , be afraid : for he beareth not the sword in vain ; for he is the Minister of God , a Revenger to execute wrath upon him that doth evil . Wherefore ye must needs be subject , not only for wrath , but also for Conscience sake ; For , for this cause pay you Tribute also . For they are Gods Ministers , attending continually upon this very thing , Rom. 13. Submit your self to every Ordinance of man for the Lords sake , whether it be to the King as Supreme , or unto Governours , as unto them that are sent by him , for the punishment of evil doers , and for the praise of them that do well ; for so is the will of God , that with well-doing , you may put to silence the ignorance of foolish men , As free , and not using your liberty for a Cloak of maliciousness , but as the servant of God. Honour all men , love the brother-hood ; Fear God , honour the King. We are commanded to obey the King , whether he be good or evil , Propter Deum , for the Lords sake ; Not only because it is the will of the King , but because it is the will of God , that we should do so , he hath commanded it , and therefore for his sake we must do it ; If we resist the King , we resist God , and he that resisteth God , shall receive damnation . For when we pretend that we are free born Subjects , that the Kings commands intrench upon our liberty , and that for the freedom of our liberties , we may rebel against him , This is to make Liberty a Cloak to cover our maliciousness , and wicked designs against the King , Which is forbidden by the Apostle ; for not to serve the King is bondage , and to rise up against him to preserve and keep our liberties , is to enslave our selves to the Devil , and to make us his servants to perform all wicked actions ; For we must needs be Subject to the Kings precepts , not only for wrath , but also for Conscience sake . Et si plures sunt quos corrigit timor , tamen meliores sunt quos ducit amor ; Although they be most whom fear makes obedient ; Yet they are best who out of true love obey their Soveraign . We must not obey the King only , that we may avoid giving of him offence , and so not incurr punishment ; But it is a duty laid upon our Consciences so to do , and if we love God , we must love as faithful Servants to be obedient unto the King , not as eye servants , who only do their duty when their Master looketh over them ; But all our actions , either publick or private , must savour of obedience to him , For he is our Master , and we are his Servants , and the Servant is not greater than his Master , but ought alwayes to be diligent in his Masters service . And although the King do recompense good with evil , and punish them who like faithful Servants have not deserved it , Yet they being good , even in their sufferings shall receive praise from the power , as did our Saviour and the Apostles , when they were most wickedly murthered . For do we not until this day praise and honour their Martyrdom ? Although the power which destroyed them , did not give them praise ; yet by their obedience , and patience in their unjust punishments , did they receive a Crown of everlasting glory , and renown from God and men . Who can sufficiently celebrate the fame of those worthy Martyrs , who unjustly suffered for Religion , under the Government of Queen Mary ? Have not they by their unjust punishments received greater rewards of praise , than if they had unjustly rebelled ? Surely yea , for if they had rebelled , although it was to save their Religion , their Epitaphs would have been Rebels and Traytors , instead of pious and Godly Martyrs . The wicked only are afraid of the Kings power and punishments , to whom he is a Terrour ; But a conscience voyd of offence towards God and towards man , maketh the courage of the righteous like Lyons , to contemn all earthly misery . — Hic Murus aheneus esto Nil conscire sibi , nulla pallescere culpa , Be this a wall of Brass , to have within No black accuser , barbour no pale sin . Non est fas Christianis , armis , ac vi , tueri se adversus impetum persecutorum , saith Cyprian , Epist . 1. It is not lawfull for Christians by violence to defend themselves against Persecutors ; Therefore surely they ought not to murther their King , and again Cyprian , Epist . 56. Incumbamus gemitibus assiduis , & deprecationibus crebris , haec enim sunt munimenta spiritualia , & tela divina quae protegunt ; Let us apply our selves to daily sighes , and continual prayers , for these are the spiritual bulwarks , and divine weapons , with which Christians should only fight , These , not guns and swords , will only defend us . Ambrosius adversus reginae ( Justinae Arianae ) furorem , non se manu defensabat , aut telo , sed jejuniis , continuatisque vigiliis sub altari positus , Ruffinus li. 2. c. 6. Ambrose did not defend himself against the fury of the Queen , by the force of the hand , and of the sword , but by fastings , continual watchings and prayers ; And shall we offend our gracious Soveraign , with clubbs and axes ? Who by his sufferings shewed us the example of a true Christian , whiles we like Jews triumph in his murther , crying out , crucify him , crucify him . Tertulian Apolog. c. 37. saith expresly , that the Christians might for strength and number have defended themselves against their Persecutors , but thought it unlawful ; Yet we , because by our wicked plots and devices , we have got a numberless company , of those who like our selves , will do any thing for gain , think it a sin , if we do not perform any wickedness , which our power will assist us to effect . [ Sen. Medea . ] Tremenda caelo pariter , ac terris mala Mens intus agitat , vulnera , & caedem , & vagum Funus per artus . levia memoravi nimis ; Haec virgo feci . Homicides , Paricides , Mauslaughters , murthers , oppressions , deceits , extortions , briberies , and such like offences , we committed in our youthful years , when the Gospel was first planted in England , but now we are become great proficients in Christianity , we are now high , and mighty Christians , not fit to be fed with milk , as babes and sucklings , but with the bloud of Kings , Regicides are our passe-times , and to murther the King , is holden to bee one of the chiefest Principles , and proofs of a sound Christian : whole Nations gather together , and make a Covenant , to murther their Kings , which they hold to be as sacred , and as beneficial , as the old or new covenant in the Bible ; but , Quae scelere pacta est , scelere rumpetur fides , That Covenant and trust which is made by wickedness , by wickedness may be broken , which doth most evidently appear in the transactions of the English and Scotish Rebels ; For they most wickedly swore , and made a Covenant against the King , like those Traitors of whom King David complained , Psal . 102.8 . And after they had murthered the King , then they swore , and made Covenants one partie against another , so that , like those wicked men in Hosea 4.2 . by swearing , and lying , and killing , and stealing , and committing adultery , they break out , blood toucheth blood , because there is no truth , nor mercy , nor knowledge of God in the land ; verifying the Proverb of King Solomon , Prov. 26.27 . Who so diggeth a pit , shall fall therein ; and he that rolleth a stone , it will return upon him : for Rebellion , by which they murthered the King , is returned upon them , and they now rebell one against the other : so that we may truly say , their own iniquities have taken the wicked themselves , Prov. 5.22 . and they perish by the devices and imaginations of their own hearts ; fulfilling the Scripture , Prov. 11.21 . Though hand joyn in hand , the wicked shall not be unpunished , but the seed of the righteous shall be delivered . For notwithstanding all the wicked plots , and inventions of the bloody Rebels , yet is our King C. 2. the seed of our most righteous Soveraign whom they destroyed , delivered out of their hands , as the bird out of the nets and snares of the fowler , or as the innocent Hart , out of the mouthes of the bloudy hounds , Whilest they rage and are madd one against the other . O the goodness and providence of the Almighty God! Where the word of a King is , there is power , and who may say unto him , what dost thou ? Eccles . 8. 2 , 3 , 4. The fear of a King , is as the roaring of a Lion , who so provoketh him to anger , sinneth against his own soul , Prov. 20.2 . What sins then are we guilty of , who not only provoke our King to anger , but quench his anger with his own bloud ? St. Peter teacheth us another lesson , which you cannot hear too often , 1 Pet. 2.13 , 17. Submit your selves to every ordinance of man for the Lords sake , whether it be to the King as supreme , or unto Governours , as unto them who are sent by him , for the punishment of evil doers , and for the praise of them that do well , for so is the will of God. Honour all men , love the Brotherhood , Fear God , and honour the King. And to see the Civil Law , and the Divine Law go hand in hand , harmoniously agreeing , and consenting , to lead a loyal subject into due obedience , and allegiance to his Soveraign , is no less delightful to the Royalist , than envyed by the Rebels , which Barclay doth out of the best Civil Lawyers , sum up together , cap. 14. saying , Principem ex certa scientia , supra jus , extra jus , & contra jus , omnia posse . Et esse crimen sacrilegii instar , disputare de potestate Principis . Et Principem esse legem animatam in terris . Et Principem solum posse condere statuta ; licet humanum sit , quod consilio Procerum utatur . Denique Principem posse tollere leges positivas , quia illis non subjicitur , sed illae sibi . Et Deum Principi leges subjecisse , & nullam Legem ejus Celsitudini imponi posse . Et licet de jure aliquid non valeat , si tamen Princeps de facto mandat servari , perinde est , ac si de jure valeret , quoad subditos . Et solum Principem soli Deo habere de peccato reddere rationem , & soli Caelo debere innocentiae rationem . Et temerarium esse velle Majestatem regiam , ullis terminis limitare . Et Principem re vera esse solutum Legibus . The Latine is so elegant , that I will not cloath it in English raggs . None but blind Sodomites who grope for the wall at noon day , will not here see the door which openeth to obedience , and go in ; concluding , That the King is free from the Laws , and cannot be limitted by any humane invention ; may do what he please , & if he be more a Tyrant than Phalaris , or Nerone Nerouior , degenerate from all humanity , and prove a Wolf to his People ; Yet by the Law of God , by the Law of Nations , by the Law of Nature , by the Law of the Land , by the example of all Saints , by the rule of Honesty , and by all equitable considerations , It is not lawful for his Subjects , nor any man , or any degree , or sort of men within his Dominions , upon this pretence of Tyranny , to rebel against their Soveraign . For if any cause should be allowed to be just for the Subjects to rebel , then that cause would alwayes be alleged by the Rebels , though in truth they had no such cause at all ; For whom one man and his Company did esteem a good , Pious , and Religious Prince , another party would proclaim him wicked , Tyrannical , and Idolatrous ; And who shall be judge between them , but the sword ? and then Excessit medicina modum , The remedy would be worse than the disease . For it is an undoubted truth , that Subjects did never despose their Prince , although he was a Tyrant , But that a multitude of Tyrants , far worse than they pretended their Prince to be , did rise up in his room . By the cutting off the head of one snake , twenty snakes grow in the same place ; Therefore it is not profitable aswell as not lawfull for subjects to resist their King. For hear what Bodine saith , O how many Tyrants should there be , If it should be lawfull for subjects to kill their Soveraigns though Tyrants ? How many good and innocent Princes should as Tyrants perish , by the conspiracy of their subjects against them ; he that should of his subjects exact subsidies , should be then ( as the vulgar people account him ) a Tyrant . He that should rule and command contrary to the good liking of the people should be a Tyrant . He that should keep strong guards and garrisons , for the safety of his person , should be Tyrant . He that should put to death Traytors and Conspirators against his State , should be also counted a Tyrant ; And indeed how should good Princes be assured of their lives , if under the colour of Tyranny they might be slain of their subjects by whom they ought to be defended ? Then what madness is that Nation intoxicated with , who throw down a pious , good , and religious Prince , to promote a multitude of lawless Tyrants , whose little finger is heavier than the whole loynes of their Lawful native Soveraign ? The King , as I said , is the Husband of the Commonwealth ; and the Wife is not greater than her Husband , because she had once power to chuse whom she would , and because the man could not have been her Husband , without her consent . It is no argument that she hath power to turn away her Husband , because she made him her Husband . No , it is God who giveth the Marital power ; he gave her the Husband , and gave him power over her , so that she cannot t●rn him from her , though he prove never so wicked . So though the people chuse them a King , and are the cause , sine qua non , yet it is God who is the author of his royal power ; And the people can no more dethrone him , and elect another , than the wife can her Husband . And it is as good an argument , to hold that the wife hath power to put away her Husband , and chuse another , because she made him her Husband ; As it is that the people may cast off their obedience to their Soveraign , and set up another , because they made him their King. The Cardinals make the Pope , and the Clerks the Bishop ; but it would be a strange thing to them , if one should tell them , that therefore the Cardinals and Clerks might degrade them , when they pleased . Suppose the Souldiers should chuse them a General , would not the General think it strange Logick , to argue , that therefore the Soldiers might turn him out of his office when they pleased ? Indeed , where the superior makes an Inferior officer , he may deject him at his pleasure . As in a Prineipality ( which is nothing else but an Aristocracy or Democracy ) where the people create a Magistrate to rule so long as they please , they may turn him out at their will , because they alwaies tetain a power of Constituting , and rejecting him when they think fit . So the King may turn out Parliaments when he will , because they depend upon him , and their power is inferior to his . But when the woman hath taken a Husband , when the Commonwealth is married and subjected to a King , then the Commonwealth hath no power , but all her power is ttansmitted to her Husband the King. For , Omnia quae sunt uxoris sunt ipsius viri , non habet uxor potestatem sui , sed vir , All that the wife hath is the husbands , and the wife hath not power over her self , but the husband . The people by their election , denude themselves of all their power , and transfer it to the King , so that he is the only fountain , from whence they draw every drop of power they have . As when Valentinian was desired of his people to admit of a consort in his Empire , he answered them , In eorum fuisse potestate priusquam eum ad imperium vocarent , id non facere , jam vero vocato imperatore eos non posse , nec ab eo impetrare quod nefas crederet illis concedere , That before they had elected him , it was in their power , either to elect him , or another , but now he being elected , they had no such power , neither ought they for to ask that , which he thought not fit to grant them . It is a prejudice to a royal mind , to be compelled to any thing , compulsion diminisheth the worth of a voluntary goodness . It is against the nature of Royalty to be restrained , which makes Kings say , Licet Legibus soluti sumus , attamen legibus vivimus , Though no man hath power to compel us to live according to the Laws , Yet we will. For Decet tantae Majestati eas servare leges quibus ipse solutus esse videtur , It is the part of a royal Prince , nay very decent and becoming so great Majesty , voluntarily to observe those Laws from which he is free . German . vates . — Nihil ut verum fatear , magis esse Decorum Aut regale puto , quam legis jure solutum , Sponte tamen legi sese supponere regem . But if our Prince should not rule his life according to the Laws , yet it is our duties so to do , and we are commanded to obey him , and acknowledge him our King , though he be never so wicked ; For we are his Servants ; Nay , his Servants by birth , and therefore enjoyned by a command to serve him , 1 Pet. 2.18 . Servants be subject to your Masters , with all fear , not only to the good and gentle , But also to the froward . For this is thanks worthy , if a man for Conscience toward God indure grief , suffering wrongfully . Nullus nascitur liber ab imperio ; No man is born exempted from the subjection of Government . Our Saviour himself , as man , was not free from this ; for he was subject to his Father and Mother , Luke 2.51 . and also to the King , though he is the King of Kings , and all earthly Kings are only dependent upon God and Christ , whose vicegerents they are . I admire with what impudence our terrae filii , these screeching Oules , the men of our pale-face'd times , can blasphemously give the Almighty the lye , and say , per nor reges regnant , by us Kings reign , we give Kings , and take them away , When God plainly telleth them and all the world , per me Reges regnant , By me Kings reign , I give Kings and take them away ; and doubtless these Quacksalvers have as great authority and warrant from the Scripture to say , By us the Sun ruleth the day , and the Moon the night , and we gave the heavens and the earth their being , as they have to maintain this their detestable opinion , viz. that the Kings power is radically in the people , and derived from them to him ; For nemo est Dominus suae vitae , no man hath power over his own life , and therefore none can give that to another , which he hath not in himself ; God only hath power over life , and death , and he hath given this power to Kings , as he hath evidently declared in his holy writ ; And I am sure , God who hath said that by him Kings reign , is true , Rom. 3.4 . And every man who saith the contrary is a Lyar. Then if God only instituted , and gave Kings , God can only take them away ; For Eodem modo quo quid constituitur , diss●lvitur , Things are dissolved as they are contracted ; Therefore every man should say with the French Bishop , mentioned in Greog . Turon . Hist . 4. lib. 5. Si quis de nobis , O Rex , Justitiae tramites transcendere voluerit , a te corripi potest , si tu vero excesseris , quis te corripiet ? loquimur enim tibi , sed si volueris , audis , si autem nolueris , quis te damnabit , nisi qui se pronunciavit esse justitiam ? If any of us offend the King , thou mayest correct us , but if thou shalt exceed , who shall correct thee ? we may speak unto thee , and if thou wilt thou mayest hear us , But if thou wilt not , none can condemn thee , but he who is Justice it self ; Therefore every one should endeavour to be that true obedient described by St. Bernard , Verus Obediens , non attendit quale sit quod praecipitur , hoc solo contentus , quia praecipitur , He that is truly obedient , regardeth not what is commanded , being content only with this , that it is commanded . We should be as diligent to obey , and preserve our King , as the apple our eye , and take asmuch delight in him , as we do in the light , for he is worth ten thousand of us ; Therefore the Israelites would not let David their King adventure himself in the war against his rebellious Son , and their reason was , Thou art worth ten thousand of us , so in the war against the Philistines , They swear , Thou shalt no more go out with us , because they esteemed him as the light of the Kingdom , and say , 2 Sam. 18.31 . That thou quench not the light of Israel ; if he should miscarry , they accounted themselves to be but in darkeness ; And if we were true Israelites indeed , in whom there was no guile , we should have the same estimation of our dread Soveraign , nulli pietate secundus , who is a second David . But suppose he was ( as he is not ) a Tyrant , were it not better for us to serve one hard , yet honourable , Master , than a hundred domineering , yet base ●red Tyrants ? Si pereo , manibus hominum periisse ju●abit , If we must be killed and made slaves of , let the King , who is our superiour do it , and not our servants , who have no greater pedigree , than an●ient servants , and no other cause of their promotion , than their wickedness , Praestat timere unum ●uam multos , It is better to fear one than many , Better one woolf than many , to put our lives in continual hazard . It is a Maxime in Law , that the King shall have the estates , and protection of their persons who are non compos mentis , Ideots , &c. May not the King then justly and with good title , by this rule , challenge both our estates , and our persons ? Surely he may , for if we were not worse than mad men and fools , we should never expel a gracious and merciful Soveraign , and subject our selves to a company of the Lord knows what , A monster without head or tayl , more wonderful than Chimaera ; they would , and they would not , they themselves cannot tell what to make of themselves , neither can any man tell where to have them , like empty clouds and foggy mists they are blown about with every winde ; But it is to be feared that the Devil will catch them at the long run , who now drink bloud like sponges , and only know how to be wicked , oppressing both Law and Religion . Did the King demand Ship-mony , ( as by the (a) Law in extraordinary cases he might , ) and was he condemned , and vilifyed , as unjust , and a breaker of the peoples liberty ? What are they then , who against all Law and Equity take away all that we have , only to satisfy their own ambitions , Atheistical appetites , and to maintain themselves in their most wicked , devillish , and incomparable villanies ? Did the King demand five treacherous Members of the Parliament , whom the Law would have condemned guilty of high Treason ? And was he adjudged an Enemy to Parliaments , and an Infringer of their freedoms ? What are they then to be adjudged , who do what they list , hang or draw , our Members , and persons , and play with Parliaments , as Children do with Rattles , or as Butchers , their slaughtering axes , throw them away when they have done with them , and dismount , and thrust out that * what do you call it ? [ * Quondam Parl. ] which first gave them their being ? O viperous brood , who destroy that viper which ingendred them ! But since by the Law of the Land , Mad men shall not be punished for committing of Felony or Murther , Lest we ( being mad-men and fools as I have said before ) should murther our King , and think to excuse our selves , by pleading , non compos mentis , Let me tell you , that though one that is not of his right mind , shall not be punished if he commit Felony , Murther , petite Treason , &c. Yet if he kill , or offer to kill the King , it is high Treason , and he shall suffer punishment as other Traytors ought to do ; let Cook the Oracle of the Law , give the reason , li. 4. fo . 124. Car le Roy , Est Caput , & salus Reipublicae , & a Capite bona valetudo transit in omnes , & pur cest cause lour persons sont cy sacred , que nul doit a eux offer violence , mes il est , Reus criminis laesae Majestatis , & pereat unus , ne pereant omnes . For the King is the head , saith he , & health of the Commonwealth , upon whom the safety of all doth depend ; and for this cause , the Kings person is so sacred , that no man can offer violence to the King , but he is guilty of high Treason , for which he shall die ; For it is better that one perish , than all . And since it lyeth in my way , this will I speak for the credit of the Common laws of our Realm , That though the Law of God , the Civil Law , and all other Laws , do as it were strive to excel each other , in maintaining and defending the Prerogative of Kings , yet doth not our Common Law ( which is founded on the Law of God ) come behind any of them ; For I should want words to expresse , and Paper to contain the many privileges , and just immunities , which the Law giveth its Soveraign the King ; and if the Judges had been as just to execute the Law , as Dunn the Hangman is , The head and feet had still injoyed their proper Functions , and there would ( as there ought ) still have been a difference betwixt the Servant , and the Master , the Subject , and the Soveraign . But silent leges inter arma , our law-books , like broken Vessels , are laid aside ; and our Laws , like Cobwebs , are not taken notice of , except it be to wipe & sweep them away ; that the Corruption of one thing , is the perfection of another , is a rule in Philosophy , And do not the Sophistical Philosophers of our times , prove and approve this rule by practice , who perfect themselves by the ruine of the Laws ? The Sword is their pruning-hook , by which they lop others , to make themselves grow the better ; they bait all their designs with Liberty and Rellgion , and so catch the people into Hell , when they think to go to Heaven . The principal end of Government is the advancement of God● honour , but these men , make the safety of the people , the sole and only end of Government , only that they might murther their King , the Shepheard , make a prey of the sheep , his subjects , and so feed the cruel appetite of themselves , the Woolves , with the destruction of the Innocent . I need no other proof for this , than every mans experience . Virgil. Tantane vos generis tenuit fiducia Vestri ? Jam caelum terramque Dei sine numine , venti Miscere , & tantas audetis tollere moles ? (e) Quos Deus , at motos praestat componere fluctus , Post sibi non simili poena commissa luetis , Maturate fugam Regique haec dicite vestro . O ye Empty Clouds , and raging winds of Ambition , could Attempts enter into your Dunghill thoughts , as to assassinate your King , provoke Heaven , and molest the Earth ? Durst you encounter the Almighty , pitch battail , and sight against his Deity ? Are your Commandments above his ? and can your Statutes repeal his ? Hath not he in his Vpper-house constituted a King , and commanded you to honor , and obey him ? and can your Mortal nothings in the Lower-house ( next door to hell ) vote him useless ? Can you put asunder , that which Jehovah hath joyned together ? and take away not only the Crown , but the life also of your dread Soveraign ? Can you do these things and look upwards ? [ Aposiopesis . ] But God will , that he will. — Ah rather repent of your villanies ; It is better for you ( I think , though not your deserts ) to go peaceably to Heaven , than to be thrown headlong into hell ; For there you will be murthered with the Devils , and you cannot murther any more Kings ; death lyeth at your door , and after this life ended , you shall not be punished with the Sermons of holy Ministers , or with Gods Word , which is now odious unto you ▪ But with the Scorpions of the Devil , Beelzebub and his Angels shall execute Tyranny over you , in the infernal pit , as you and your Angels have done over the Lords anointed , and his innocent subjects , in the open air before God , and man. Therefore Repent , for Repentance is your nearest way to salvation , Maturate fugam , Regique haec dicite vestro , Make haste , and go and tell your King these things , That you are sorrowful , and that it gnaweth and biteth your seared Conscience , to think that you should be the Authors of so great a wickedness , beg his gracious pardon , restore his sacred Patrimony , which you have torne in pieces , and cast lots for ; his pardon , and peace with him , will do your Souls more good than all his Lands , or Royalties . Acknowledge his Soveraignty as ye ought , and set the Crown again upon his head , which you did injuriously pluck off , or else the time will come , that one drop of the many tears and waters , which you have caused to flow from the eyes of the Royal party , their Widdows , and Orphans , shall be more desired of you to cool your tongues , than ever their estates and honours were . If a Thief should set upon you , or any other subject to rob him , It is lawful for the honest man to draw his sword , and kill him if he can : How dare you then with violence set upon your King to rob him , not only of his goods , but also of his life , yet because he defended himself , and so some of the Rebels slain , Therefore you impeach him of high Treason and murther ? O monstrous , did you ever hear of any Law in the whole world , that ever the King could commit high Treason ? Be dumb , for you did not . The Laws of England are divided into three parts , viz. 1. Common Law , which is the most antient Law of the Realm , 2. Particular Customes , 3. Statutes or Acts of Parliament . There is no offence punishable by the Laws of England , unless it be against one of these Laws . He that doth not offend against the Law , is no sinner , for where there is no Law , there can be no transgression , I had not known sin , saith St. Paul , but by the Law , Rom. 7.7 . Then cannot the King be guilty of Treason to the people , or of any other offence punishable , unless he offend against one of these three Laws : And that he did not offend against any of them , nor was guilty of those offences laid to his charge , by any one , or all of those Laws , is as clear as the Sun , and a Maxim with all honest men . For 1. The Common Law is nothing else but the general custome , and common usage of the Realm . Finch . 77. Plowdens Com. 195. Therefore the King cannot be an offender , or guilty by the common Law , nor the people have power to call him in question for any of his actions ; because it is so far from being the general custome , and common usage of England , for the King to be punished by the people , that before this first , and last , great , and monstrous , distractive and destructive , wicked and abominable murther , of the last most gracious and merciful King , such a thing was scarce ever heard of , or entred into the thoughts of any English man. Therefore the Rebels are cast by common Law , and the Chancery will never give relief against the common Law. li. 4.124 . D. and St. So that take them which may you will , this Dilemma will hang them . Amen . 2. Customary Law , is where a particular custome grounded upon reason , differeth from the general usage , and common custome of the Realm . Now to prove , that the King is not an Offender against this Law , would be a thing altogether frivolous and ridiculous , it being known to every one that he cannot . 3. Statute Law , is a Law positive made by the King , with the assent of the Parliament : And there is no Statute or Act of Parliament in England , which maketh any offence in the King high Treason , or that giveth the people power to call the King to an account , accuse or condemn him . But there are many offences committed by the people , made high Treason against the King by several Acts of Parliament : But that the King could commit Treason against the people , is such a novelty , that Heaven nor Earth never heard of before perditious England hatcht it . But since our age is much given to fictions , Let us for once feign with our false Republicans , That by the antient fundamental Laws of the Realm , The King might commit Treason against the people and be a Traytor to the Common-wealth , for which the people might lawfully question him ▪ Yet since , ( Leges posteriores , priores contrarias abrogant , The Statute Law may alter and abridge the common Law , ) The King cannot now commit Treason against the people , nor be a Traytor to the Commonwealth ; Because by the Statute made 1 H. 4.10 . and several others , It is enacted by authority of Parliament , ( who as the common people think may do any thing , vote Heaven Hell or , Hell Heaven ) That in no time to come any Treason be Judged otherwise , than it was ordained by the Statute of 25 E. 3.2 . In which Statute I am sure there is no mention made of any Treason , but only against the King , as any one may read at large which Statute , being it was made by Benedictum Parliamentum , a blessed Parliament , ( for so it was called Co. Inst . 3.2 . ) I commend it to the perusal of every English man , as the best lesson he can learn , by which he will see the error of the times , and what changes the wicked have wrought amongst us . Therefore since several Parliaments have made Statutes , That the King can commit no Treason , nor no Treason be committed but against the King , Ex ore tuo te Judicabo , we may conclude from their own mouths , that by no Law , but against all Laws , they murthered their King , the meekest and justest of all men . For , whosoever committeth sin , transgresseth also the Law , for sin is the trangression of the Law , 1 John 3.4 . Then how could the King sin , when there was no Law for him to transgress ? By the common Law ( as I have already shewed ) he could not be an offender ; neither could he by any Statutes ; For at that very time , when the Parliament ( the peoples representatives ) charged the King with Treason , they had made many Statutes , That those things which they themselves acted against the King , should be high Treason against the King ; But they had made no Law , whereby the King might become a Traytor against them . Therefore the King could not offend against that Law which was not . Adam had not sinned in eating the forhidden fruit , had he not been first forbidden ; Neither had St. Paul known lust , except the Law had said , Thou shalt not sin , Rom. 7.7 . And for the King to commit Treason , when there is no Law which maketh any offence in the King whatsoever Treason , but all laws both Common and Statute , both Divine and Humane resolve the contrary , is such a Chimaera , which passeth the understanding of every reasonable creature . But forsooth , our new upstart pragmatical Lawyers ( as they call them ) such as Cook was , witness his King Charls his case , fol. 22. ( A Cook , ( but rather a Scullion ) I am sure of no affinity in judgement , nor comparable in learning , with our great Master and Oracle of the law Sir Edward Cook ) do say and profess , that they have a Law written in their hearts , whereby they are enabled and authorized to kill the King , if he offend ; But I wonder holy David had not this Law written in his heart to kill wicked King Saul , when it lay in his power so to do ? The question is easily answered , for God said , that David was a man after Gods own heart , and therefore could not do so great a villany ; But I am sure , if the Scripture be true , Neither God nor man will say , that these men , are men , either after Gods heart , or any honest mans heart ; And divide the Kingdom , and you will finde a thousand for one , in whose hearts this law was never written ; Therefore if it be written in some few mens hearts , yet since it is not written in the hearts of the Major part , according to their own tenets , that law is not binding . You may read in 1 Sam. 24.6 . and cap. 26.11 . That it was in Davids power , and he was admonished to kill his enemy wicked King Saul , once in the Cave , where he cut off the Kings skirt indeed , but his heart smote him , as if he had committed Crimen laesae Majestatis , high Treason against the King ; And then in the Trench where Saul lay sleeping , 1 Sam. 26.7 . So David and Abishai came to the people by night , and behold , Saul lay sleeping within the Trench , and his Spear stook in the ground at his Bolster ; But Abner and the people lay round about him . Then said Abishai to David , God hath delivered thine Enemy into thine hand this day : Now therefore let me smite him , I pray thee , with the Spear even to the earth at once , and I will not smite him the second time ; And David said to Abishai , Destroy him not . For who can stretch forth his hand against the Lords anointed , and be guiltless ? David said furthermore , As the Lord liveth , the Lord shall smite him , or his day shall come to dye , or he shall descend into battel and perish : The Lord forbid that I should stretch forth mine hand against the Lords anointed : but I pray thee take thou now the Spear that is at his bolster , and the Cruse of Water , and let us go . Here you may see how greivous a thing it is to lay hands upon the King , though he be wicked , and persecute you . For by holy Davids own confession , no man can do it , without committing an high and wofull offence . Therefore better it is for all men with King David to commit the punishment of their King to God , ( who most assuredly will punish the King , aswell as the Beggar for his offences , ) and not violently oppose , or stretch forth their hands against him , for none can do that , and be guiltless . It is true the law of England in many particulars is lex non scripta , and when our law books are silent , we must repair to the law of Nature , and Reason ; But when a law is established by the law of God , declared by many Statutes , and reported by multitudes of reverend Judges in their Reports , as it is , that the King can commit no offence so great , as to be punished by the people , Then sit liber Judex , We must Judge according to the written Law , though it do not agree with our own private reason ; If the King before the descent of the Crown be attainted of Treason , felony , or any other offence , yet by the descent of the Crown , The Attainder eo instante is void , as it fell out in the case of Henry the seventh , 1 H. 7.4 . Jnst . 1.16 . Then if the Coronation of the King prohibiteth the punishment of those offences which he committed before he was King , only because he is King , and so not punishable by any earthly power , how can he commit any offence after his Coronation , for which the people may call him in question ? It being a Maxim in Law , That the King can do no wrong , that is , no wrong for which the people may punish him ; And to say that the King is an Officer of trust placed by the people , is a meer foppery , and against the express letter of a principle in Law , viz. That the King is not capable of an office to use , but to grant , Co. Jnst . 1.3 . But why should I speak of Law , to those who God and all the World knows Act all things against law ? For is there any Law which maketh it high Treason in the King , if he commit such or such an offence ? or is there any law to enable the people to call their King to an account ? I appeal to the whole World , and even to the Consciences of our wicked Folarchical upstarts , Whether they ever read any such Law in the old or new Testament , in the Statutes or Reports of the laws of our Realm ? or whether they ever heard of any such law in any Kingdom or Nation under the Sun ? No they did not , The Devil brought it ( if any there be ) out of the infernal pit , whither it will bring them all , unless God most high prevent not ; can a posteriour Law make that an offence , which was lawful at the Commitment ? without doubt it cannot ; But these men with their practice most wickedly affirm it . King Henry the 7 . ● h and many Burgesses and Knights of the Counties , being first attainted by Act of Parliament of high Treason against Richard the 3d. The question was in H. the 7 ths . Parliament , How this Act of Attainder should be reversed , and made void ; It was resolved by all the Judges , That those Knights and Burgesses which were attainted , should not sit in the House , when the Act of Attainder was to ●e reversed ; But when that Act was reversed , then they might come again and sit in Parliament : But as for the King , it was unanimously agreed and resolved by all the said Judges , that ipso facto , when he took upon him to be King , that he was a person able , and discharged of the Attainder ; for ( said they ) the King hath power in himself to enable himself without a Parliament : And an Act for the reversal of the Attainder , is not at all necessary . See 1 H. 7.4 . Com. 238. Parliament . B. 37. and 105. In which case you may see the power of a King , of a King that was attainted of the greatest offence , viz. High Treason . Here likewise you may view the power of a Parliament , of a Parliament , who had asmuch right to dethrone their King , as ever the long Parliament , or any other had . Here likewise you may hear the voyce of the Law , of the Common law , not since repealed by any subsequent Statute . But as it was then , so it ought to be now the Resolution of all the Judges in England , That the King hath power to take pardon , and ought not to crave pardon of the people for his offences . The Crown once gained taketh away all defect , is the Sentence of the Law , and an Adage amongst all honest Lawyers ; If the people had the Supreme power , why was not the Attainder of the King ( in this precedent case ) reversed by Act of Parliament , as were the Attainders of the other Members ? If the King be but an Officer of trust , deputed by the people , and receiveth his power from them , Why was not the King ( in this case ) freed from his offence by the people ? What would they entrust a person attainted of so great an offence as high Treason , with the highest place in the Common-wealth , And yet not permit others guilty and attainted of the same offence , not so much as to fit , and Act as Members of the Parliament , without they were first purged of their offence ? It doth not stand with reason , that the highest Offender should exercise the highest office ; And doubtless if the people had had power , the Parliament would have cleared King H. the 7th . from his crime , before he should have Officiated his Office of Kingship . But that Parliament well knew , that the feet were not higher than the head , and that the Inferiour Members could not impose Laws on the King their Soveraign ; They knew with Bracton , that the King ( Parem non habet in Regno suo ) had not in his Kingdom , any single man , or the people , his equal . Therefore since it is the Law of the land , Magna Charta , 29. That no m●n shall be judged but by his Peers , and being the King hath no Peer , or Peers , in his Dominions , They resolved not to judge their King , nor to commit so great a vanity , as to reverse the Attainder : For can a King be attainted ? or can the people , who have no authority , but what they have from him , have authority to correct , and revise their King ? O foolish imagination ! Horac Caelo tonantem credidimus Jovem Regnare : praesens Divus habebitur Augustus ; adjectis Britaunis Imperio . Jove governs Heaven with his Nod : King Charles , he is the earthly God : Great Britain being his lawfull Inheritance . Our King Augustus , high and mighty , Solus Princeps , qui est Monarcha & Imperator in Regno suo , Davis Irish Rep. fo . 60. Our only Prince , who is both Monarch and Emperor in his kingdom , hath only authority and the only right to govern the Britains , who , though long since , have been accounted , Rigidi & hospitibus feri , rigid , and cruel to strangers : yet , that they should ever so much degenerate , as to be rigid and cruel to their own natural King , and kill their natural Soveraign , is such a wonder , and murther , that never entred into the thoughts of former ages , and will be a bugbear , and scar-crow to all succeeding generations : for by robbing their King of his Crown and Life , they have robbed the Turk of his cruelty , Judas of his treachery , and all the Devils of their malicious wickedness : For the Turks cruelty , Judas his perfidious treachery , and the Devils malicious villanies , do all conjoyn to make up , and center in an English Rebel , one of those beasts , who like the Enemies of King David , Psal . 102.8 . Have sworn together against their King , are mad upon him , and revile him all the day long : Yet , that they may seem religious even when they commit Sacrilege , they ( like the Devil when he tempted our Saviour , taking him up into an exceeding high mountain , and shewing him all the kingdoms in the world , and the glory of them , saying unto him , All these things will I give thee , if thou wilt fall down and worship me , Mat. 4.9 . ) will promise fairly ; and , as if they were resolved diametrically to oppose St. Peters Doctrin , who commands them , 1 Pet. 2.16 . Not to use liberty for a cloak of maliciousness , they use the liberty of the people ( as a Wolf doth the Lambs skin , to destroy poor Lambs ) as the only cloak and cover for all their malicious , wicked , prodigious , and damnable actions . For , if you ask them , for what cause did they murder the King ? Their answer is , for the liberty of the people : For what cause do they make themselves Governours , and Lords and Masters over all that we have ? For the liberty of the people : For what cause do they subvert the Laws , expell and throw down the orderly and holy Clergie , and all Religion with them ? For the liberty of the people : For what cause do they enslave the whole Nation ? For the liberty of the people . Nay , these men are so well furnished with godly pretences , and wicked intentions , that even whilst they cut the peoples throats , they make them believe they give them a blessing : And as the man , who swore that the Coat of the true owner , was another mans , only because he might have the use of it himself ; So these men have the impudence to swear ( though not without perjury ) that the Supreme power is in the people , only because they might throw down our royal Government , with all goodnesse with it , and use that Supreme power themselves , which they protest is in the people . O delusive Mountebanks ! Was there ever such a jugling deceit acted by any Jugglers or Quacksalvers in the world ? Surely there was not . And did not every one , nay they themselves , very well know the truth of what I have said , I might easily make it clear and evident , even to the blind , with multitudes of Examples . For who was it that murthered the King ? Was it the people ? Every man knoweth that it was neither the people nor the Parliament , But a Company of Jesuitical treacherous Rebels , and damnable Usurpers , Who flaming the people in the mouth with a tale , that the supreme power was in the people , made use of this power themselves , against the wills of the people , as an Engine to perform and bring to passe all their wicked and horrible designs . But say they , we are the peoples Representatives , chosen by the people , and so what we do , they do ; Catch a Knave without a Knaves answer , and he will give you leave to hang him . I must confesse , if this were true , they might have somewhat the more colour ( though not the more honesty ) for what they do : But this is as false as themselves : For the people chose them to sit in Parliament , and act according to the Kings Writ , as part of the Kings Parliament , according to the Laws of the Realm ; But since the Parliament is destroyed ( for what Parliament can there be , without a King and House of Lords ? such a headlesse Monster was never seen untill of late ) Consequently their power which they derived from the people , is gone also . Neither are the Commons in Parliament the representative body of the whole Kingdom or people ; For they do not represent the King , who is the head , nor the Lords , who are the nobler and higher part of the body of the Realm ; the Commons only represent the Inferior and lower sort of the people : but if they did , as they do not , represent the whole body , yet did not the people ever give them any power , to cut off their Kings head . For the Lords voted it unlawful , all the honest Commons forsook the House , and the people were all displeased ( except a few of their own hatching up ) and every one else murmured against it . The Nobility mourned , The Gentry were amazed , The Common people wept , and men women and Children did cry , The Heavens cloathed themselves in black , And the Sun hid his face . The Lion King of Beasts died at the ●ight of his royal blood , And the wild foules came wondering to see this execrable fact , on the Scaffold , And if the Thundering and Lightening of the Almighty be a true sign of Gods Angry Deity , Then even from this we may conclude , that these Regicides took too much upon them , and very much provoked his wrath . For , — Diespiter Igni coruseo nubila dividens , Plerumque per purum tonantes Egit equos volucremque currum . The Heavens roared with thunder , which made the earth shake , and the darts of fiery lightening threatened the ruines of both . And who can think upon this worse than Gunpowder-Treason plot ( for then was but intended , that which now is put in Execution ) viz. The murther of our gracious King , and the subversion of all Laws and Religion with him , and not justly expect all the Plagues of Aegypt , and the punishment of Sodom and Gomorah , to fall upon him and the whole people ? For , Hor. Hoc fonte derivata clades In patriam populumque fluxit . From the death of the King , as from a fountain , did flow the slaughter of the Nobility and people , with the ruine of the Glory and freedom of the English Nation . Tantae molis erat perversam condere gentem , Such , and so great villanies were perpetrated , to raise this generation of Vipers . Yet forsooth , they will tell you , that the supreme power and Soveraignty , is in the people , and that they act under them . O grand Delusion ! Did the people turn out the long Parliament ? Did the people set up Oliver Protector ? Did the people turn out Dick his son ? Did the people foist up again the Rump of the long Parliamene ? Or did they hunt them out again ? Did the people sanctifie the Committee of Safety over them ? Or did they hunt in the Rump again ? Or have they made all the Revolutions and Choppings , and Changings amongst us ? No , neither the people nor their Representatives , But the Devil & his Representatives have been the cause of all our subversions . For as the people have not , so neither did the twentieth part of them , ever challenge , or claim the supreme power . But have alwaies acknowledged the Soveraignty to be only in their King , and only Soveraign , only under God. Reader , take notice , that in many places of this Book , by the word Parliament , is meant those Traytors , the House of Commons , who have unjustly usurped the name of Parliament : For by the known Laws of the Land , there can be no Parliament without the King. Therefore , let every one of the Regicides repent , and pray to God , to open his eyes , and that the scales of blindnesse may fall from them , that he may see his duty , which is so evidently written in the Scripture , and all other pious Writers , which is , to fear God , and to honour his King , which is acceptable in the sight of the Lord. And so I shut up my discourse , with these verses , which I would have the Reader get without book for his Edification . Astra Deo nil majus habent , nil Caesare terrae , Sic Caesar terras , ut Deus astra regit . Imperium regis Caesar , Deus astra gubernat , Caesar honore suo dignus , amore Deus . Dignus amore Deus , dignus quoque Caesar honore est , Alter enim terras , alter & astra regit . Cum Deus in coelis , Caesar reg●t omnia terris , Censum Caesaribus , Solvile , vôta Deo. A Tyrant without a Title , set out in all his Colours ; and proved by the Laws both of God , and man , by the sentence of all honest and wise men , by the vote of Antiquity , and several Examples , That it is most lawfull and glorious for any man , either publique or private , to fall upon Tyrants , and kill them , without Examination , according to the usual forms of Judicature . Where the consent of the people after Vsurpation , makes an Vsurpers Title good , and where not . That the assent of the people , cannot ratify any Government without him , so long as their King liveth , though banished , but all their acting is Illegal . How Tyrants pretend the safety of the people only for their own safe-guard ; and how they delude the people with specious names , for their Magna Latrocinia , their great villanies , and robberies . The Devil was a Rebel , so are they , and like Satan they have their power only by permission ; with an incitement to all men , to execute them , for these are not the Dignities we should obey . LEt us now take our Swords in our hands , and arme our selves to incounter with this Tyrant , sine Titulo , a Tyrant without a Title ; That bird of prey , that beast of the game , Orbis flagellum , that scourge of the world , that Devourer of Mankind , Fulmen belli , that Thunderbolt of war , that Maule of the earth , Poli●rcletes , that destroyer of Cities , that Hangman , that Murtherer , that great Robber , whose might is his only right , whose multitude of thieves makes him formidable , builds himself up with honest mens blood , feared by all men , and fears all men , an enemy to every honest man , and every honest man an enemy to him , a monster more hideous , than ever the Poets could feign , and more noysome and destructive to humane kind than any beast the world ever bred , a Devil in humane shape . If you do not yet conceive his nature , I will give you a further description of him . A Tyrant without a Title ( who indeed is most properly called a Tyrant ) is he who levieth war against his King , killeth him , and takes the Government upon himself , or who of his own authority against the will of the people , without election , or right of succession , neither by lot , by will , by gift , by just war , nor speciall calling of God , doth take upon him the Soveraignty . Take notice , Reader , by he way , That the Subject can have no just war against his King. A forein Prince may have a just cause to levy war , and if he conquer , his Title is good and just by the Law of Conquest . So if ones own natural Prince be kept out of his Country by the Rebellion of his Subjects , and he afterwards come with a forein Army , nay with fire and sword ( as we say ) that is , putting all to the sword who resisted him , and burning up all that they have , yet if he subdue the Traytors , he is no Tyrant . But if any man without any right or title usurpeth the Government and aspireth unto the Soveraignty , though afterwards he squareth his life according to the rules of moral honesty , and liveth ( as one may say ) according to the Lawes , Yet notwithstanding he is a Tyrant for all this . A Thief when he hath taken a mans purse from him , will in company stand upon his Terms of honesty , as much , if not more than an honester man. Yet this after sanctity will not purge a Tyrant from his former sin . He must restore home that which he wrongfully and unjustly keepeth , before he can be a true penitent , and nothing but true Repentance can wash away the guilt of former sins . Therefore Equo ne credite Teucri , trust him no further than you can see him , before he hath cast off the unlawfull robes of Soveraignty , and put on the honest habit of a true Subject , Eor Latet anguis in berba , Let his outside be never so Religious , he is a knave in his heart , his pretentions and his intentions are seldome of affinity . But may any private hand stick this wild boar ? may any publick or private man stab , or otherwise destroy this Tyrant before he be tried according to the Common course of the Law ? Grounding upon the Law of God , the Law of Nations , the Law of Nature , and the Common Law of the Realm , I give judgement against him , that as a stroyer of humane kind and society , every man may lay violent hands on him and execute him , For which according to the Laws and writings of antient Fathers , he deserveth perpetual honour , propounding to every one who should kill such a Tyrant most ample rewards , viz. honourable Titles of Nobility and prowesse , arms , statues , Crowns , and the goods of the Tyrant , as to the true deliverer of his Countrey . By the Law of God , Whosoeuer sheddeth mans blood , by man shall his blood be shed , Gen. 9.6 . And what Tyrant ever was there who did not shed mans blood ? Nay by the Law of God , That man who will do presumptuously and not hearken to the law , is to be cut off , that the evil may be put away from the Land , Deut. 17.12 . Exod. 21.14 . All the Civil Lawyers do unanimously give judgement against him , and esteem that man as one , who doth God and his Countrey good service , who shall rid the world of this viper . By the law of nature every man is obliged to preserve himself , And what better means can he use for his preservation , than to destroy this elf , this Wolf amongst men . For who can say any thing is his own ? who can say his life , his goods or estate is secure , so long as a Tyrant reigneth ? By the Common Law of the Realm , if any one set upon me to rob or take anie thing away from me , I may lawfullie pistol him , stab him , or otherwise destroy him . and by the same reason and law ; for ubi eadem ratio , ibi idem jus , I may destroy a Tyrant ; for the onely difference betwixt a common highway man , or Burglar , and he is their strength and might , the one is a little thief , the other a great one . As when Diomedes a pirate was taken and brought before Alexander , saith he , Ego quia uno navigi● latrocinior , a●cusor pirata , tu quia ingenti classe id agis , vocaris imperator : si solus & captivus esses , latro cris , st mihi ad nutum populi famulentur , vocarer Imperator , I because I rob with one poor ship , am accused as a Pirate , thou because thou robbest with a great Navie , art called an Emperor . If I had as great and strong a companie of robbers with me as thou hast , and thou wast alone , and a Captive , as I am , then thou wouldest be the thief , and I the Emperor . So may every common thief , high-way man , cutpurse , or Burglar say to the Tyrant when he is brought before him , For mutato nomine Fahula de te narratur . When the Tyrant murthereth any honest man and taketh away his estate , he pretends it is for the safety and good of the Common-wealth , calling him Traytor to the State. So it is for the safety of a thief to kill the man he intendeth to rob . But the Tyrant he dazles mens eyes with new invented names ; for his magna latrocinia , his great thefts having nothing honest in them , but the very names . For when he exerciseth his robberies , and sendeth some of his messengers ( who are indeed no better than thieves ) to rob men , that he calleth Excise . So when he setteth upon the whole Nation , he compelleth them to make a purse for him , that he calleth Taxes . And this kind of thievery is so much the more remarkable , because he maketh the owners like fools gather the monies for him themselves . Nay such is the stupidity of these Dromedaries , that if they have scarce monie enough to buy themselves bread , or to pay their Landlord his just Rents , yet they will trot about to gather monies for this Tyrant ; their common enemie , before they will lift up a hand against him . They will let their Churches drop down for want of repair , and Law and Religion and all fall to the ground , before they will let the Tyrant misse of a farthing of his demands — Tanta est insania mundi . So great is the madnesse of men . And the reason why the Law alloweth every man to kill a Tyrant , and take that vengeance which in other cases is reserved to God and the Magistrate , is , because there is no other remedy , and Gods Lawes cannot be otherwise executed ; for the Tyrant maketh himself above all law , possesseth himself of all Forts , strong Holds , Garisons , and the Magazine of all Armour , so that by the greatnesse of his villanies he is secured from the power of the Magistrates , and so consequently cannot be punished by the ordinarie Court of Justice . Therefore Extremis morbis , extrema remedia , Extraordinarie diseases must be cured by extraordinarie means , Receditur à placitis juris , potius quam injuriae , & delicta maneant impunita , We may go a little out of the Common road of Justice to punish those crimes who make by-paths their high waies , and cannot otherwise be met with . For Lex semper dabitremedium , The Law will alwaies give a remedie , and — immedicabile vulnus ense recidendum est , that ulcer or sore which cannot be cured by medicines , must be cut off with the sword , and it is a rule in Law , that aliquid conceditur , ne injuria remaneret impunita , quod alias non concederetur , The law will dispense with some grounds of law , rather than crimes and wrongs should go unpunished it is a Maxim , that no private man may kill another , Exod. 22.2 . Yet if a thief set upon a man in the high way , or come to rob his House , he or any other man may lawfully kill him , and deserve well of the Common-wealth . So a Tyrant who continually liveth upon the spoils of the people , and is continually robbing the Common-wealth ; for he hath nothing but by robbery , though he pretend nothing but the good and safety of the Common-wealth , may be killed by any man , and that man who executeth him deserveth perpetual renown , and ought to have his name written in the Chronicles of everlasting memory , and consecrated to eternity . Object . But it may be objected , ●hat a Tyrant who usurpeth the Government by force , and afterwards getteth the consent of the people , may not justly be killed by anie man , because this future approbation , and election of the people , is a true ratification of his power . Sol. To which I answer , That notwitstanding the peoples consent he may lawfullie be slain ; for that which is done by duresse cannot be binding , and that cannot be thought to be the true consent of the people which they do by constraint . Indeed if the Soveraigntie continueth in the Children and posteritie of the Tyrant for the space of an hundred years or more , so that they have a title by Prescription , which must be without the least ●nterruption or Rebellion of the people , then ought not any man to slay them , because they have a title by Prescription . As in the Government of Rome . Julius Caesar usurped the Soveraigntie , aand wrested the power out of the Senates hands , but was afterwards stabbed with twentie three wounds , and all men rejoiced and esteemed his murther a most worthie act . But when Tiberius Caesar came to the Government , he reigned unquestioned without anie competition of the Senate , and therefore no private man could justlie slay him . For our Saviour did acknowledge allegiance due to him . But where a Tyrant rebelleth against his lawfull Soveraign , dethroneth , him banisheth him , and establisheth the Supream power on himself , though the people all of them continuallie consent , and the Tyrant and his posteritie reign for a thousand years , or more , yet may anie man lawfully slay him ; for the people cannot give away Soveraignty from their lawfull King , and he may demand it when he pleaseth , and regain his own when God hath made him able ; For Dormit aliquando jus , sed moritur nunquam . Right sometimes sleepeth , but never dieth . Out of the Magazine of autorities which might be brought to confirm what I have spoken concerning this firebrand , a Tyrant without a Title , I shall onely select some flowers to lay upon his stinking corps , and so wind up my discourse with his winding sheet . Bias being asked which was the most pernitious of all beasts , he answered , Sylvestrium Tyrannus , Domesticorum adulator . Of forest beasts a Tyrant was the worst , but of domestick a flatterer , Plut. Antisthenes alwayes preferred hangmen before Tyrants , and being asked the reason , he answered , a A Car nifice quidem homines injusti interimuntur , à Tyranno autem etiam insontes , A Hang man onely hangeth the unjust and evil men , but a Tyrant also hangeth the most just and most pious , Ludovicus 12 Gall. Rex , was wont to say , Plehem & rusticos esse pascua Tyrannorum , & militum : Tyrannus autem & milites , pascua esse daemonorum , That the Common people and Countrie Farmers , were the food of Tyrants , and their Souldiers ; but the Tyrants and the Souldiers were the food of Devils , Annal. Franciae . Democritus being asked of Dionysius what kind of metal was the best , answered , That whereof the Athenians made the statues of Harmodiu● , and Aristogiton , in honour of their killing Pisistratus the Tyrant . Intimating by this answer , that all Tyrants ought to be destroyed , and to those who killed them ought to be erected statues of brasse in honour of their noble attempt , after the manner of the Athenians Plut. Euphron the Lacedemonian having made himself a Tyrant in the Citie of Cicyon , was shortly after murthered by the Senators , as he sate in counsel with them , who defended themselves by this Apologie . Quod qui manifesti sceleris , proditionis , & Tyrannidis rei sunt , non sententia aliqua damnandi videantur , sed ab omnibus hominibus jam ante damnati sunt , & quod nulla Graecorum lex ostendi possit , quae proéitoribus , ●ut tyrannis securitatem praestet , That those which are guilty of treason and tyrannie , need not to be proceeded against in a legal way ; for that they are beforehand condemned in all mens judgements , neither was there any Law amongst the Grecians that gave security to traytors and tyrants , Plut. Insidiatori & latroni non potest afferri injusta nex , saith Cicero pro Milone , A traytor and a tyrant cannot be killed with an unlawfull death ; for every man may be both Judge and executioner of them , and non se obstrinxit scelere , si quis Tyrannum occidit quamvis familiarem . 3. Offic. Nulla nobis cum Tyrannis societas est , sed summa potius distractio , neque est contra naturam spoliare eum , quem honestum est necare . It is the part of an honest man to kill a tyrant , although he be his familiar friend ; for no man should keep company with a tyrant , and it is most natural and honest for a man to kill him ; Cicero likewise saith , Phil. 13 , Quem discordiae , quem coedes civium , quem bellum civile delectat , eum ex numero hominum ejiciendum , ex finibus humanae naturae censeo exterminandum , Whom discord , slaughter of the Citizens , and Civil War delighteth , I would have him cast out of the Societie of men , and thrown down headlong into Hell. And Contra publicos hostes & majestatis reos omnis homomiles est , saith Tertullian , Against common enemies , and those that are traytors to their King , every one is an Ebud with his dagger , and may most law fullie kill them . Therefore though Christ hath taught me to forgive my enemies , nay to love them , and not to speak evil Of Dignities , and for my part I hate not the person of any Tyrant . Pax ●um hominibus , bellum vitiis , but I hate his Tyyrannie , I freely forgive them all the injuries they have done to me , or any of my friends , and for their good I have written this Treatise ; but they are Gods enemies , and God would be offended if we should let them sleep in their villanies . Our Laws and Religion ought to be more dear to us than all things in the world ; for without them we should be worse than beasts ; and who more subverteth our Laws and Religion than Tyrants ? Vt imperium evertant libertatem preferunt , cum perverterunt , ipsam aggrediuntur , saies Tacitus , That they may pervert the legal Government they pretend liberty for the people , and when the Government is down , they then invade that libertie themselves . Auferre , trucidare , rapere , falsis nominibus imperium , atque ubi solitudinem faciunt , pacem appellent , To rob , to murther , to plunder , Tyrants falsely call to Govern , and to make desolation , they call to settle peace . These are they which God sayes , Hosea 8.4 . Ipsi regnaverunt , sed non ex me , They have reigned , but not , by me . They have made Princes , and I knew it not . and have cast off the thing that is g●od . There is no power indeed , but of God , but the abuse of power is from the Devil . These men do not rightly use , but abuse the power , and as Satan is called the Prince of the world , so these men are called Governors of the Realm , not because they are so by right , but by Treacherie , Rebellion , and Treason , their power is by Gods permission , not by his Donation , Therefore these are not the Dignities and higher powers which the Apostle commands us to be subject to ; for then we must be subject to the Devil too ; for Tyrants and Devils have powers both alike lawfull , and both by Treason and Rebellion : No , we should resist and arm our selves against these enemies , it is Disobedience to obey them , Rebellion not to rebell against them , and Treason not to plot Treason against them : Therefore let everie one be readie with his dagger like Jodes , to stab this devourer of mankind . Bad Kings must be converted onelie with praiers and tears ; but Tyrants must be subdued with clubs and swords ; for Quis constituit te virum Principem & Judicem super nos , Exod. 2.14 . Who made them Princes and Judges over us ? the King we know and the Kings son we know , but who are they ? They are not of Gods making , but of Beelzebubs their Master , and their own making : Therefore let everie good Christian arm himself against these Caterpillers , devotion and action must go together , let him not bribe his Conscience with self interests , but take courage and fight the good fight , that so he may deliver himself , and his Countrie from slaverie , and bring the Tyrants to the Rope , their best winding sheet . All other Governments are but the corruption and and shreds , of Monarchy , which is the most glorious and most profitable of all sorts of Governments ; when , and how Aristocracy and Democracy begun rather by Gods permission than institution . The proper Character of a Common-wealths man , or the Definition of an English Changeling , with his flexible , and mutable qualities . The absence of our King is the cause of the presence of our many sins and divisions IF you remember , in my Division of Governments , I made mention of Aristocracy and Democracy , &c. which indeed had their first Original from the corruption of Monarchy , and are but shreds of Monarchy , as all Politicians hold : Therefore I will not spend time and paper to abuse your patience with anie thing , but a Description of them : For Virg. Verum haec tantum alias inter caput extulit urbes Quantum lent a soleni inter viburna cupressi . Monarchy doth as far excell all other sorts of Government , in glory , profit , conveniencie for the people , and in all other good qualities , as the Sun doth the Moon , or the Moon the twinckling stars , and is like the lofty Cedar amongst the servile shrubs . Hence it cometh , that even the Republicans who hate a King because he is their Soveraign Master , are compelled to suffer and use Petite Monarchies ( as one may say ) under them : as one Master over everie Familie , one Maior over everie City , one Sheriff over everie Countie , one Rector over everie Parish Church , one Pilot over every ship , one Captain over everie Troop , one Admiral over the Fleet , and manie other Offices of trust and places wherein Pluralitie of persons would prove most obnoxious : But Monarchie is and alwaies hath been proved and approved the best and most absolute lie good . Aristocracy is the Government of a Common-wealth by some select number of the better sort of the people , preferred for their wisdome and other vertues for the publick good . Oligarchy is the swarving or distortion or Aristocracy , or the Government of a few rich , yet wicked men , whose private end is the chiefest end of their Government ; tyrannizing over Law , Religion and the people . Democracy or popular estate is the Government of the multitude . Where the people have the supream power , and Soveraign autority . Ochilocracy or a Common-wealth is the corruption and deprivation of Democracy , where the rascal Rabble or viler sort of the people govern by reason of their multitude . These kinds of Government were not heard of a long time after Monarchy began , and the impulsive causes of them were contention and confusion , and were rather permitted than ordained by God , as the bill of Divorce was by Moses ; For non erat sic ab initio , there was no such Government at the beginning ; for God did not create it , as he did Monarchy when he made all things ; but the people being stragled up and down in the world , and so in processe of time became out of the knowledge of their lawfull King , rather than they would indure the miserable effects of Anarchy ; for Plebs fine Rege ruit , there can be no family , no society , indeed no living without rulers , they , re●igned up their whole power and libertie to some few select men , or else to many , who made Laws for them , and so tied up the hands of the unrulie and wicked , and defended the just from the violent tempests and storms of the unjust , to which before they lay open and naked : which God seeing that it was better for them to have such a Government , than none at all , did allow of it , but it hath no comparison with Monarc●y , becuase that was instituted by Gods primarie Ordinance , and the further men go from Gods original institution they have the more corruption , Nay , if compared to Monarchy it is a curse ; for Solomon saith , Prov. 28.2 . For the transgressions of a Land , many are the Princes thereof , but by a man of understanding and knowledge the state thereof shall be prolonged . — summo dulcius unum Stare loco , sociisque comes discordia regnis . How sweetlie doth the Poet sing , when he saith , that it is most sweet for one to govern ; for a companie of Governors have alwaies discord to be their companion . Monarchia nihil habet durum praeter nomen , populare contra regimen nihil lene praeter nomen . Monarchy hath nothing harsh but its name , but on the contrarie , a popular estate hath nothing delightfull or taking but its name . Our times are so full a Commentarie , and so plain an Exposition of the evil events of a popular estate , that I will not , neither need I recite the opinions of the Antients , wherewith they have contemned it , as the worst of Governments , most subject to dissension and change , and most obnoxious to the people . And I think , no Nation under the Sun could ever produce a more notorious example than mutable England , where everie man as if he had served an Apprentiship to novelty , forgeth new invenions everie day : he changeth his mind as often as children would change their cloaths , and fitteth his conscience to everie opportunitie and purpose . His heart ( though hollow ) will bend like a flexible osier , and incline to anie thing that is profitable , though never so wicked , his resolutions will break to pieces like ropes of sand , and like the Moon are alwaies changing . He never standeth to anie thing so fast , but that he can slip away from it when he pleaseth . Neither did he ever love any Religion ' so well , but that he could love another as well at any time , and for a need entertain tw●ntie together , twentie did I say ? Nay , 't is his fashion to change his Religions everie day , if no every hour , and so , much Religion makes him an irreligious changeling . But for brevities sake take his Epitome , viz Constant onely in inconstancy . And this man thu● qualified is one of the main pillars of the Government of England ; for you must know too , that h● hath sometimes a great mind to be a Governor , nay , he is so hot upon it , that sometimes he will do any thing rather than fail . If his own father stands between the Throne and him , he will make him stand by , or else make him go into another world . He can pull off Kings Crowns , as often as he can pull off his own Hat. He can break a great Oath as easie as he can break a little ●hreed , and Perjury with him is a Cardinal vertue , if it do but add any thing to his Design . And you will make it a miracle , if this man should not make a good Common-wealths man , if not a good one , however one would think that he might keep his place long enough , being so well furnished with all these sweet , flexible and easie conditions , but no , he cannot , and the reason is , because there is a great Litter of these Whelps gathered together of the same kind with himself , and being so many , they often snarl one at another for the bone : so the Government Proteus like changeth it self into what shape they please , sometimes one of them is promoted to the Government , just like a Malefactor on a Woodden Horse , whom they pull down when they please , and them run open mouthed with a full cry after it again , * untill that at length one being nimbler footed , or quicker mouthed , catcheth it into his paws , by and by all of them like Acteons dogs fall upon him , and although he crieth out Actaeon ego sum , Dominum cognoscite vestrum . I am he which use to hunt with you , and be your master Huntsman , yet such is the furious madnesse of these Animals , that they tear him in pieces , and hang the Government on another , and so they tosse it about from one to the other , as children do a three half penny ball , thinking it is no sport , if the ball lie long still in one of their hands . Regni sacra fames quid non morialia pectora cogis ? What doth not the thirst of ruling compell these mortals to do ? Every one cuts his fellows throat if he thwarts him in the Government ; they make the people swear to be faithfull to a single person one day , and to swear against a single person the next . It is high Treason to speak against one kind of Government one hour , and high Treason or worse not to speak against it the next ; and what is the reason of these turnings , and twinings , and various alterations ? Because in these dayes there is no King in England , and every man doth that which is right in his own eys , Judg. 21.25 . Velle suum cuique est , nec voto vivitur ●no . An Advertisement to the Enthusiasts , and Crown-hunters of this over-ruling age , admonishing them , since their lives are so short , and so wicked , that they would not expect Eternity in their ill-got-estate , and that from hell there will be no Redemption , because the Devil will not be deluded with bribes , Cares and fears do accompany Crowns lawfully gotten , but curses and damnation do attend them and their possessors , which have gotten them by the Murther of their King , or by any other illegal means , as did our English Rebels . QVis furor O populus , quae tanta licentia ferri ? Discite justitiam moniti & non temnere Divos . What madnesse O people , O people what licentious fury possesseth your earthly Cottages ? Can fish live in the air ? Or can fowls live in the Sea ? Can you scale the heavens , and subdue the Almighty ? Hor. Coelum ipsum petimus stultitia , neque Per nostrum patimur scelus Iracunda Jovem ponere fulmina . The disposing of Crowns belongeth to God , and not unto your frail Quidlibets , When you go to wrest the Crown from your Soveraign , you go to fight against God : And through your foolishnesse pull down his wrath upon you . Why preach you up your selves the maintainers of the Law so much ? Alas , thieves cannot live without a Law ; for if they do not distribute their stolen goods equally , and according to Justice ( as they term it ) Divisions and quarrels will soon arise amongst them . But I hope this is not your case , if it is , * honest men will come by their goods : Therefore being admonished Do not despise your lawfull King and Soveraign . Si genus humanum , & mortalia temnitis arma , At sperate Deos memores fandi atque nefandi , But if you do , and with your vaunting power , and raging violence over-rule all humane strength and ju●tice , Yet remember , that the gods remember you , and when your villanies are past and rubbed out of your brittle memories ( For nothing is more pleasing than to forget ones evil actions ) yet then they are most fairly written in Gods book , and shall never be blotted out untill your names are razed out of the book of life . What sweetnesse is there in Crowns , which makes you so earnest to wear them ? It is your fond conceits to think they are delightfull , there is nothing in them which hath not plus fellis quam mellis , more gall than honie . Deformis facies non est deformis amanti . It is only your love which makes them beautifull ; for Crowns are not without cares and fears , crosses and losses ; and high seats are alwaies slipperi● . O vilis Pannus , said one King , throwing down his Royal Diadem , Were it but known how many miseries and molestations do attend thee , Nemo foret qui te vellere tollet humo . No man would stoop to take thee up . Antonius the Philosopher , Emperor of Rome , was wont to say , That an Empire was malorum Oceanus , an Ocean of miseries : and surely the time will come , that every one of you with him will say , Felix si non imperassem , Happie had I been , if I had never reigned : but suppose the Crown to be your own , and you everie day to sit upon the Throne of Majestle , triumphing over all perils and dangers , fare deliciously every day , and with those wicked men which King David speaks of , have what your heart could wish or desire ? Yet Hor. Pallida mors aequo pulsat pede pauperum tabernas Regumque turres , Death knocks as boldly at the Rulers door , As at the Cottage of the poor . When you think your selves most secure , then destruction may be nearest at hand , and when you feast your pampered bodies , crying seria cras , then may the sword which must be your executioner hang over your head , but by a hair . Vitae summa brevis spem nos vetat inchoare longam . The shortnesse of our lives forbids us to expect Eternitie here . Where is Alexander the great ? Where is Julius Caesar the Usurper ? Or where is Oliver the Tyrant ? is he not gone out like the snuff of a Candle , even loathsom to his own Parasites ? Juvenal . Et cui non totus sufficit orbis Sarchophago contentus erat , Mors sola fatetur Quantula sint hominum corpuscula . And him whom a whole world of villanies could not satisfie , was at length overcome with a little Coffin , and contented with a span of ground , Death onely making him stand to his Principles . And although you like mistie fogs going against the Sun which raised them , rebell against him from whom you have your being , making Hoc volo , sic jube● , stat pro ratione voluntas , Your will 's the onely reason of your Laws , and your Laws like traps , only to catch honest men , yet Nemo malus felix , There is no wicked man happy . — Facilis descensus averni , Noctes atque dies patet atri janua Ditis , Sed revocare gradum , superasque evadere ad auras , H●c opus , ●ic labor est . It is easie for you , nay it is very pleasant to plunge your selves into Hell , but if you should join all your heads together , nay unite all your hearts and forces into one intire body ( which it seems is a hard matter for you to do ) yet by all your strength and juggling tricks , ye cannot juggle your selves out again , nay , the Devil himself cannot get you from thence , but there you shall burn like wisps , which have done scouring the better vessels , or like the rods which have chastised Gods children . Your rejoycing shall be turned into mourning , and your deceitfull prating into gnashing of teeth . O curas hominum ! O quantum est rebus ina●e ! How men are taken with their own shadows ? and Narcissus-like grope after that which is not . What will it profit a man to enjoy the whole world to day , and lose his own soul to morrow ? David taxed them with foolerie , whose inward thought was that their houses should continue for ever , and their dwelling places to all generations , and call their lands after their own names . How much more then may they be taxed with foolery , who call other mens Lands after their own names and think they shall enjoy them for ever ? This their way is their folly , yet their posterity approve their sayings , yet this night shall their souls be taken from them , they shall be laid in the grave , death shall ●eed on them , and the upright shall have Dominion over them in the morning , and their beauty shall consume in the grave , from their dwelling ; though while they lived , they blessed themselves , yet when they die they shall carry nothing away , neither shall any thing but their villanies descend with them . The same voice which came to Nebuchadnezzar whilest he was boasting of his great Babel , shall come from heaven to these Babylonians , saying , To you be it spoken , your Kingdome is departed from you . And Pompey-like you shall die , and have no mold to cover your carcases . Nudut pascit aves , jacet en qui possidet orbem Exiguae telluris inops . They who living made men run from them through fear , shall now make men run from them by reason of their stink . And I pray God that I may not have cause to say of this City of London , as once Seneca said of a City which was burnt to ashes , Vna dies interest inter magnam Civitatem , & nullam , There is but one dayes difference betwixt a great City and no City ; for what Citie in the world so full fraught with sinnes and villanies , as ours ? Horace . Eheu cicatricum , & sceleris pudet , Fratrumque . Quid nos dura refugimus Aetas ? quid intactum nefasti Linquimus ? unde manus juven●us Metu Deorum continuit ? quibus Pepercitaris ? O utinam nova Incude diffindas retusum in Massagetas Arabesque ferrum . We blush at scars receiv'd , sinne , brothers fall , Vile age what mischief do we shun at all ? What youth his hands for fear of gods contains ? Or who from sacred Altars spoil refrains ? Ah rather our dull sword new forge and whet Against the Arabian , and the Massaget . How do our houses burn with lust ? and our Chambers with pride and wantonnesse , whilest the streets blush with the blood of Prophets ? to see the Children murther their great , yet loving Father , before his own door . O Almighty God pardon our infamous Paticides , and Regicides , and cloze up those wounds which our sins have made so wide that none but thy right hand can cure them . — Miserere laborum Tantorum , miserere animi non digna ferentis . Relieve the distresses of thy Saints , and take pity upon those who are wrongfully persecuted ; turn rather than confound the hearts of all men , and open the casements of our ignorant ( yet zealous ) minds , that by the true light of the Gospel we may walk in faithful obedience towards thee our God , and towards our lawful King and Soveraign , whom thou , not men and Satan have placed over us : and let all men learn that which a Divine and honourable Poet hath left us . The world 's a bubble , and the life of man lesse than a span , In his conception wretched , from the womb so to the tomb ; Curst from the cradle , and brought up to years , with cares and fears : Who then to frail Mortality shall trust , Bu● limnes the water , or but writes in dust . Yet since with sorrow here we live opprest , What life is best ? Courts are but onely superficial Schools to dandle fools . The Rural parts are turn'd into a den of savage men ; And where 's a City from all vice so free , But may be term'd the worst of all the three ? Domestick cares afflict the husbands bed , or pain his head ; Those that live single take it for a curse , or do things worse . Some would have children , those that have them mone or wish them gone . What is it then to have , or have no wife , But single thraldome , or a double strife ? Our own affections still at home to please , is a disease . To crosse the sea to any forein soil , perils and toil . Wars with their noise affright us ; when they ceas● we are worse in peace . What then remains ? but that we still should cry Not to be born , or being born to die . The King of Englands Soveraignty proved and approved by the Common Law , to be above both Parliament and people ; inferiour to none on earth , but God Almighty : and that neither the people of England , nor any other his Subjects , either distributively , or collectively in one intire body , ought to call the King in question for his actions , though they be never so wicked . The sweet harmony and concordance of the Law of God , and the Law of the Realm in maintaining the Royal Prerogative of our Soveraign , manifested . The Kings Coronation is onely a Ceremony , no part of his Title . How the Changeling Statesmen of our times , ( who will not endure that the King should have Soveraignty over them his vassals , ) make themselves absolute Kings over the Scripture , and Law books , and make the Law and the Gospel speak in what sense their wicked wills and lusts vouchsafe . Resistance of the power unlawfull . The Subjects duty to their Soveraign . Their Reward and remedy if they be punished wrongfully . Reverend Bracton cleared from Mr. Pryns false aspersions , Mr. Pryns Character , his Book entitled the Sover●ign Power of Parliaments and Kingdomes , arraigned , convicted and condemned , and his confident averment therein . That it was not Saint Pauls , nor the Holy Ghosts meaning to inhibit defensive wars of the Subjects against their King , proved to be Apocriphal , and that Saint Paul like an honest man ) spoke what he meant , when he said , Let every soul be subject to the higher powers , though Mr. Pryn would have his words and his meaning two things . How Mr. Pryn worshipped the long Parliament heretofore as a Sacred Deity , when it acted wickedly , and now despiseth it , as idolatry ; and an Advertisement to him to write a book of Retractations . To go about to prove , that the King of England , &c. hath the Supreme power over the Parliament and people , deserveth as much derision , as to go about to prove that the Sun shineth at noon day , or that the heavens are above the earth , yet since there are those amongst us , who like the Sodomites grope for light in the clearest day , and have the i●pudence to publish for truth , that which their conscience telleth them is false , I will give you a tast of our Lord the Kings Soveraignty , which lieth dispersed and scattered about in our Law books . Jus C●ronae , The Law of the Crown is the principal part of the Laws of this Realm , Co. Lit. 11.b. 15. b 344. a 25 E. 3 cap. 1. Register inter jura Regia 61 , &c. For since the Common Law of the Land , is common usage , expressed in our books of Law , and judicial Records , Co. Lit. 344 a. Plowden 195. Finch 77a. The Government of this Kingdome by a Royal Soveraign is become a Fundamental Law , being as antient as history it self , and used from the time whereof the memory of antiquity is not to the contrary . And since that the ligeance , faith & obedience of the Subject is due unto the King by the Law of nature , Co. l. 6. fol. 12. as well before , as after the municipal and Judicial Laws were made , our Law-books like faithfull Subjects ( being the Magazine of law ) from their Alpha to Omega could preach no other Doctrine than Allegeance , faith and due obedience to their Soveraign the King , whom they all confesse and testifie to be the Supreme lord and head of the Common-wealth , immediately under God , above all persons , in all causes . Finch in French , fol. 20. in English 81. Co. lib. 2.15 . Le Roy est caput & salus Reipublicae , & à capite bona valetudo tranfit in omnes , lib. 4.124 . the King is the fountain of Justice , tranquillity and repose , Plowden 242. Therefore Nil desperandum Rege duce , & Auspice Rege , Nothing can come amisse to us , the King being our guide and Soveraign . Reges sacro aleo uncti spiritualis jurisdictionis sunt capaces , Kings being the Lords Anointed are nursing Fathers to our Church . The King of England est Monarcha & Imperator in Regno suo , Davis Irish reports fol. 60. the Almighty hath said , that they are gods , and our common laws of England being founded on the laws of God do likewise attribute to them a shadow of the Divine excellencies , viz. VVingates Maxim fol. 301. 1 Divine perfection . 2 Infinitenesse 3. Majesty 4 Soveraignty . 5. perpetuity 6. Justice . 7. Truth . 8 Omniscienc Of which I have already treated ; Nay as God is a King in Heaven , so the King is stiled , a God upon Earth . Finch 81. He is the Head , Father , Physician , and husband of the Common-wealth ; He is Gods Lieutenant , Deputy , Vicegerent , receiving his Commission from God , not from the people . These are the titles which the Common Laws of England give to the King. A Divine sentence is in the lips of the King , his mouth transgresseth not in judgement , Prov. 16.10 . saith Gods word , Therefore the Law receiveth it for a Maxim , That the King can do no wrong , Co. Lit. f. 19. He is Rex gratia Dei non populi , King by the grace of God , not of the people , The most high ruleth in the Kingdom of men , and giveth it to whomsoever he will , Dan. 4.17 . Therfore all the Lands and Tenements in England , in the hands of Subjects , are holden mediately or immediately of the King , but the King is Tenant to none but God , 8 H. 7 : 12. Co. Lit. 1. For , Praedium Domini Regis est Directum Dominium , cujus nullus author est nisi Deus , Only God is the author and Donor of the Kings Dominions . Therefore the possessions of the King are called , sacra Patrimonia & Dominica Coronae Regis . The King is the Lords anointed , 1 Sam. 10.1 . Therefore the Law giveth reverence to his Person , and maketh him supreme in Ecclesiastical causes . The villain of a Lord in the presence of the King cannot be seized , because the presence of the King , is a protection to the villain for that time , 27 ass . Pla. 49. Is it fit to say to a King , thou art wicked , and to Princes , ye are ungodly ? Job 34.18 . Therefore no Civil ( much lesse Criminal ) action lyeth against the King , if he doth unjustly , the only remedie against the King is by petition and supplication , for who shall command the King ▪ Stamford Praer . fol. 5. Bracton fol. 5. Flera fol. 17. Finch 13. The Prerogative which the Common-law giveth the King is so large , as Sir Henry Finch saith , that you shall find that to be law almost in every case of the King , that is law in no case of the Subject , Finch fol. 85. And therefore Sir John Davis in his preface confidently averreth , that the Common-law doth excel all other laws , in upholding a free Monarchy , which is the most excellent form of Government , exalting the Prerogative royal , and being tender , and watchful to preserve it , and yet maintaining all the Ingenuous liberty of the Subject . Nay so carefull is the law of the Kings Soveraignty , that in all cases from the highest to the lowest , it demonstrateth the Kings supreme power and dignity . The law will not permit any Subject to come so near the King , as to be jointenant with him , for if Lands are given to the King and a subject , or if there be two Jointenants , and the Crown descend to one of them , the Jointure is severed , and they are Tenants in Common ; for no Subject is equal with the King , Co. Lit. 190. Plowd . Com. in Seig. Barkleys Case . Nay rather than the Su●●ect shall be equal with the King in any thing , he shall lose all ; for the King being Tenant in Common of entier Chattel personal , he shall have the whole , as if an Obligation be made to two , or two possessed of an horse , and one is attainted , the King shall have the whole duty of the Obligation and the horse , 13 El. pl. 322. Finch . 178. To instance all particular cases , is endlesse and impossible , all land is holden of the King immediately , or by means , himself not having any higher upon earth of whom to hold , 50 Ass . pl. 1. 18 Eli. Pl. 498. For it would be against Common right and reason , that the King should hold of any , or do service to any of his subjects , saith Cook , lib. 8.118 . Because he hath no Superior but God almighty , Cook Lit. 1. Escheats of all Cities appertaineth unto the King , all mines of Gold and silver , or wherein the gold and silver is of the greater value , appertain unto the King , 8 E. 3. Escheat 12. 1 El. Plo. 314. The King is Anima legis , he governeth and defendeth the law , all Writs and Processe run in his name , and receive authority onely from him ; and all persons have their power from him , and by his Writ , Patent , or Commission . The King hath the sole Government of his subjects . The body Politick and the natural body of the King make one body , and not diverse , and are inseparable and indivisible , Plo. 234 242.213 . lib. 7.12 . Rex tuetur legem , & lex tu●tur jus . We mu● be for God and the King , because by his laws we are protected , and it is a miserable case to be out of the Kings Protection , Co. Lit. 129. All Jurisdictions and the punishment of all offenders against the Laws , belongs to the King ; And Treasons , Felonies and other Pleas of the Crown , are propriae causae regis . For why ? The King is viva Lex , a living Law , who only hath power to give Laws , and therefore he only ought to punish those who break them : Not the Parliament as it is called , viz. the two Houses , or either of them singly , because they without the King can make no Law , and therefore they are murtherers , because they have put to death many worthy Innocents , having no other Law , but their own wicked wills . And for my part , if any one should tell me that the Law of England , is nothing but the will of the King , I could not disprove him ; for what are the great volumes of our Statutes , but the Monuments and Repertory of the Kings will ? What is the reason , that it is a Law that the King cannot make new or alter old Laws , but in Parliament with the consent of his Lords and Commons ? Because the King was pleased to will it so , for it was not so from the beginning . The King was long before Parliaments , and therefore did most certainly make Laws without them . What is an Act of Parliament , but the will of the King , Nay what is Magna Charta , but a Roy le veilt ? All our Rights and Liberties we enioy , are by the gracious concessions of our Soveraign Lord the King , who esteemeth our good , and freedom , his best praerogative and happinesse ; Omnium domos , illius vigilia defendit , omnium otium , illius labor , omnium delitias , illius industria , omnium vacationem , illius occupatio : The King by his watch , and diligent care , doth defend , and keep every mans house in safety : his labour doth maintain and defend every mans rest and quiet , his diligence doth preserve and defend every private mans pleasure and delight , his businesse doth maintain and defend every mans leasure ; So that ( as Manwood hath it ) even as the head of a natural body doth continually watch , and with a provident care still ook about for the safety , and preservation of every member of the same body : Even so the King being the head of the body of the Commonweal , doth not only continually carry a watchful eye for the preservation of peace , and quietnesse at home amongst his own Subjects , but also to preserve , and keep them in peace and quietnesse from any forein invasion : Therefore if the Rebells since the murther of our gracious King Charles the first , have taken the freeborn Subjects of this Nation , and imprisoned them like Slaves without any just cause or due processe of Law ; If they have violently driven us from our Lands and Livelyhoods , possessing themselves of them , and taken away our free Customs and Liberties ; If they have unjustly deprived us of the benefit of the Law , banished us out of our Country , and destroyed us with their high Courts of Injustice , without the verdict of our equalls , contrary to the Law of the Land ; if they have delayed Justice and Right , denyed it to all men , and granted it to no man , but to those who would buy it , Blesse God for Charles the first , and pray for the restauration of Charles the second . Praise God for their noble Praedecessours , who have been our Nursing Fathers , and their Queens our nursing Mothers , who have willed and enacted Magna Charta , ca. 29. Nullus liber homo capiatur , vel imprisonetur , aut dissisietur de libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut utlagagetur , aut exuletur , aut aliquo modo destruatur , nec super ibimus , nec super eum mittemus nisi per legale judicium parium suorum , vel per legem terrae , nulli vendemus , nulli negabimus , aut differemus justitiam , vel rectum . That no man should be arrested , imprisoned , disseised of his Free-hold , of his Liberties , or free customes , or out-lawed , b●nished , or otherwise destroyed , but by the verdict of his equals , and the Law of the Land , neither should Law and Justice be delayed , sold or denyed to any man , but the King in judgment of Law , is present in all his Courts of Justice , repeating these words , We will sell , deny , nor delay Justice and right to no man , Inst . 2.55 . O Magnificent , blessed , and golden Oration ! It proceeded from the lips of Kings , and we shall never hear such Doctrine preached again in any of our Courts of Justice , untill our King be restored to his own , and sit Judge amongst us . It was King Charles the first who granted that the burthen of excise should not be laid on the shoulders of his Subjects , but the Rebels with their intollerable and monstrous Excises , new found impositions , and other unspeakable grievances , have beggered the Subjects , and undone the whole Kingdome both in their Estates and Reputation ; To be short , whatsoever they voted unlawfull for the King to do , they have done that , and ten thousand times worse : so that though we want not bodies to feel the miseries , which they have brought upon us , yet we want tongues to expresse the wofulnesse of our Condition , and the incomparable wickedness of these Traytors . And what greater pretence have they had for their actions , than to say , that the King was not the Supreme Governour over his Subjects ? A contradiction in it self ; but we will proceed further to manifest their error . Sir Thomas Smith in his common-wealth of England , saith , cap. 9. By old and antient Histories that I have read , I do not understand that our Nation hath used any other general Authority in this Realm , neither Aristocratical , nor Democratical , out only the royal & Kingly Majesty , who held of God to himself , & by his Sword , his People & Crown , acknowledging no Prince on Earth his Superiour , and so it is kept , & holden at this day ; which truth is sufficiently warranted in our Law-Books . The state of our Kingdome ( saith Sir Edward Cook li. 4. Ep. ad lectorem ) is Monarchical , & from the beginning by right of inheritance hath been successive , which is the most absolute and perfect form of Government ; excluding Interregnum , and with it infinite inconveniences , the Maxim of the common Law being Regem Angliae nunquam mori , That the King of England never dyeth ; then doubtlesse the Rebels could not by Law mortifie both the natural and politique capacity of the King. And in Calvins case li. 7. The weightiest case that ever was argued in any Court , than which case ( according to my Lord Cokes observation ) never any case was adjudged with greater concordance , and lesse variety of opinions , and that ( which never fell out in any doubtfull case ) no one opinion in all our books is against that judgment , In this case it was resolved amongst other things , Fo. 4. &c. 1. That the People of England &c. were the Subjects of the King , viz. their Soveraign liege Lord King James . 2. That Ligeance , or obedience of the Subject to the Soveraign , is due by the Law of Nature . 3. That this Law of Nature is part of the Laws of England . 4. That the Law of Nature was before any judicial or municipal Law in the world . 5. That the Law of Nature is immutable , and cannot be changed . From which resolutions we may conclude , that the Subjects of the King of England ( unlesse they like God Almighty could alter the Law of Nature , ) They could not alter their obedience and subjection to their Soveraign Lord King Charles . For if by the Law of Nature obedience from them was due to the natural body ( as I shall further prove ) of King Charles ; and if the Law of Nature is immutable , ( as most certainly it is , Bracton lib. 1 ca. 5. D. & Stu. ca. 5. & 6. ) then could not they have any cause whatsoever , ( as altering their Religion , banishing , or killing of them ) a sufficient ground for them to take up arms against him , and put him to death . For by this they go about to change the Law of Nature , which is impossible for mortals to do : But say some , by the Law of Nature we may defend our selves , and therefore leavy war against the King for our own defence ; I answer , that by the Law of Nature we are bound to defend our selves , yet must we use no unlawfull means for our defence ; for the Subjects to levy war against their Soveraign , is forbidden both by the Laws of God and Nature . Therefore vain and foolish is that excuse , as well as all others which the Rebels make use of to defend their Rebellion . Ligeance is a true and faithfull obedience of the Subject due to his Soveraign , It is an obligation upon all Subjects to take part with their Liege Lord against all men living , to aid and assist him with their bodies , and minds , with their advice and power ; not toft li up their arms against him , nor to support in any way those who oppose him . This ligeance and obedience is an incident inseparable to every . Subject of England ; and in our Law-books , and many Acts of Parliament , as in 34 H. 8. cap. 1. 35 H. 8. cap. 3 , &c. The King is called the liege Lord of his Subjects , and the people his liege subjects . Every Subject of England taketh the Oath of ligeance , which is only due unto the King , yet doth not the ligeance of the Subject to the King begin at the taking of this Oath at the Leet ; For ( as it was resolved in Calvins Case ) so soon as the Subject is born , he oweth by birth-right ligeance and obedience to his Soveraign Lord the King. Because ligeance , faith and obedience of the Subject to the Soveraign , was by the Law of Nature written with the Finger of God in the Heart of Man , before any municipal , or judicial Laws were made : 1. For that Moses was the first Reporter or writer of Law in the World , yet government and subjection was long before Moses . 2. For that it had been in vain to have prescribed laws to any , but to such as ought obedience , faith and ligeance before , in respect whereof they were bound to obey and observe them , Frustra enim feruntur leges , nisi subditis , & obedientibus . You may read likewise in Calvins Case , That the King of England hath his title to the Crown by inherent birth-right , by descent from the blood royal , from God , Nature , and the Law , and therefore not by way of trust from the two Houses of Parliament , or from the People ; Neither is his Coronation any part of his Title , but only an ornament , and solemniation of the royal descent ; For it was then resolved , that the title of King James was by dessent , and that by Queen Elizabeths death , the Crown and Kingdom of England descended to his Majesty , and he was fully and absolutely thereby King , without any essential ceremony , or act to be done Ex post facto . So in the first year of the same Kings reign , before his Majesties Coronation , Watson and Clarke , seminary Priests , and others , were of opinion , that his Majesty was no compleat and absolute King before his Coronation , but that Coronation did adde perfection to the descent , and therefore ( observe saith my Lord Cook their damnable and damned consequent ) that they by strength and power might before his Coronation take him and his royal Issue into their possession , keep him prisoner in the Tower , remove such Counsellors , and great Officers as pleased them , and constitute others in their places , &c. and that these , and others of like nature , could not be treason against his Majesty , before he was crowned King. But it was clearly resolved by all the Judges of England , that presently , by the descent , his Majesty was compleatly and absolutely King , without any essential ceremony or act to be done Ex post facto , and that Coronation was but a royal ornament , and outward solemniation of the descent . And this evidently appeareth by infinite Presidents and book cases , where such execrable opinions have been no sooner hatched , than destroyed ; and if the Judges of our age had been so honest , as to have cropped in the bud such like opinions broached by the Rebells , Charls the first had still been our King , and we a flourishing and happy Kingdom . Although the King of England hath two Capacities , the one by Nature , the other by Policy ; yet ligeance is due to the King in his natural capacity , and his natural and politick body make but one indivisible body , Plo. 213. The Oath of Alligeance is made to the natural person of the King , so is the Oath of Supremacy , and all Inditements of Treason , when any do intend , or compasse mort● et destructionem Domini Regis , the death , and destruction of the Lord our King ( which must needs be understood of his natural body , for his politick body is immortal , and not subject to death ) the Inditement concludeth , contra ligeantiae suae debitum , ergo , the ligeance is due to the natural body , vid. Fitt . Justice of Peace , 53. Plo. Com. 384. in the Earl of Leicesters case ; It is true , that the King in genere dyeth not ; but no question in individuo he dyeth , as for example Charls the first dyed , yet the King is not dead , because Charls the second ( whom God preserve ) is still alive . For by the Laws of England , there can be no interregnum within the same , lib. 7.11 . And to affirm , ( as the Traytors now do ) that the Kings power is separable from his person , is high Treason by the Law of the Land ; hear the Oracle of the Law tell you so , lib. 7.11 , In the Reign ( saith he ) of Edward the second , the Spencers , the Father , and the Son , to cover the Treason hatched in their hearts , invented this damnable and damned opinion ; that Homage , and Oath of Ligeance , was more by reason of the Kings Crown , ( that is of his politick capacity ) than by reason of the person of the King , upon which opinion they inferred execrable , and detestable consequents . 1. If the King do not demean himself by reason in the right of his Crown , his Lieges are bound by Oath to remove the King. 2. Seeing that the King could not be reformed by Sute of Law , that ought to be done by aspertee , that is by force . 3. That his Lieges be bound to Govern , in aid of him , and in default of him . All which were condemned by two Parliaments , one in the Reign of E. 2. called exilium Hugonis le Spencer , and the other in Anno 1 E. 3. cap. 1. If the opinions of the Spencers were so wicked , and detestable , what then are the actions of the Rebells of our age ? who have put in practice , what was but intended by the Spencers , and that they might reform the King according to their minds , cut off his head , because he was a headhigher than they . O Monstrous Reformers . Did I not know that the Euthusiasts of our times , do by their diabolical interpretations , subvert even the Holy word of the Almighty , making themselves absolute Kings over the Scripture , to do what they please with it , though they will not permit their King to have Soveraignty over themselves his Vassals ; And , like the raging torrent of the foaming flouds , which running down the lofty Hills , demolisheth and carrieth away all opposites in its roaring Streams ; or as the violent fury of a Masterless , headstrong multitude , who hew down Kings , as well as Royal Subjects , in their tempestuous fury : so these men set upon the Bible , and stretch every Text of Scripture to their own meaning , although there is as great a distance between their meaning , and the Scripture , as there was betwixt the Glutton in Hell , and Lazarus , in Abrahams Bosom in Heaven , else should I wonder , how they could seem to make the very Letter of the Law speak against the very Letter , and like the Philosophers stone , which turneth all things into Gold , so the tongues of these men turn the sense of all the Lawbooks into their golden meaning , and cite those books as authorities on their sides , which are so contrary , and opposite against them , as if they had been purposely prepared to encounter and confute them ; For where is the Kings Soveraignty more fully demonstrated , and evidenced , than in Reverend Bracton ? and what book so much abūsed as his ? For lib. 2. cap. 24. speaking of Liberties , and who had power to give them , Quis ? saith he , who hath power ? he answereth that the King hath . For , Sciendum , quòd ipse dominus Rex , qui ordinariam habet jurtsdictionem , et dignitatem , et potestatem super omnes qui in regno suo sunt , habet enim omnia jura in manu sua , quae ad coronam , et laicalem pertinent potestatem , & materialem gladium , qui pertinet ad regni gubernaculum , habet etiam justitiam , et judicium , quae sunt jurisdictiones , ut ex jurisdictione suae , sicut dei minister , & vicarius , tribuat unicuique quod suum fuerit . Habet enim ea quae sunt pacis , ut populus sibi traditus in pace sileat , & quiescat , & ne quis alterum verberet , vulneret , vel male tractet , ne quis alienam rem , per vim & roberiam auferat , vel asportet , ne quis hominem Mahemiet vel occidat . Habet enim coercionem , ut delinquentes puniat , & coerceat . Item habet in potestate sua leges , & constitutiones , assisas in regno suo provisas , et approbatas , et juratas , ipse in propria persona observet , et subditis suis faciat observari , nihil enim prodest jura condere , nisi sit qui jura tueatur . Habet igitur Rex hujusmodi jura five jurisdictiones in manu sua ; And again in the same Chapter , ea quae jurisdictionis funt & pacis , & ea quae sunt justitiae , & paci annexae , ad nullum pertinent , nisi ad coronam , & dignitatem regiam , nec a Corona separari poterunt cum faciant ipsam Coronam . The sum of which in English is this , the King hath supreme power in all civil causes , the Law floweth solely from him , he is super omnes , above all men in his Kingdom , all jurisdictions are in him , The material Sword of right belongs to him , and whatsoever conduces to peace , that the people committed to his charge may live peaceably and quietly . The power of holding Assizes is derived from him , and of punishing Delinquents , for it would be in vain to Enact Laws , if there was not some body enabled to protect us by defending them &c. And the same Author saith lib. 2. ca. 9. Potentia vero omnes sibi subitos praecellere , parem autem habere non debet , nec multo fortiùs superiorem , and a little after in the same Chapter , Exercere Rex debet potestatem juris , sicùt dei vicarius in terra et minister , quia ea potestas solius Dei est . The King doth excell all his Subjects in power , He hath no Equal , much lesse a Superiour , because his power is from God only , he is Gods Vicar , Therefore not the Peoples . And again , li. 1. ca. 8. Item in temporalibus sunt Imperatores , Reges , et Principes , in hiis quae pertinent ad regnum , et sub eis Duces , Comites , Barones , magnates sive Vavasores , et Milites , et etiam liberi et villani , et diversae Potestates sub rege constitutae . And a little after , sunt etiam sub Rege liberi homines , et servi ejus Potestati Subjecti . Et omnis quidem sub eo , et ipse sub nullo , nisi tantum sub Deo ; Parem autem non habet in regno suo , quia sic amitteret praeceptum , cum par in partem non habeat imperium . Item nec multo fortius superiorem , nec potentiorem habere debet , quia sic esset inferior sibi subjectis , et inferiores pares esse non possunt potentioribus , ipse autem Rex non debet esse sub Homine sed sub Deo , et sub Lege , quia Lex facit Regem . Dukes , Earls , Baronets , Knights , the Worthies of the Land , Free-Men and Villains , all are under the King , and the King under none but God , He hath no Peer in his Realm , because then he would lose his command , for amongst Equals there can be no Empire , therefore much lesse hath he any Superiour , or more powerfull than himself , because then he would be inferiour to his Subjects , and Inferiours , ( as the Subjects are , ) cannot be equal with the more powerfull , ( as the King is . ) But the King ought not to be under man , but under God , and the Law , because the Law makes him King. But what if the King should swerve from the Rules of the Law , destroy his Subjects and their Estates without a cause , May the Subjects take up arms against their Soveraign , and compell him by force to do that which they cannot perswade him to by fair meams ? No , saith Bracton , li. 1. ca. 8. Si autem ab eo petatur ( cum breve non currat contra ipsum ) locus erit supplicationi , quòd factum suum corrigat , et emendet , quod quidem si non fecerit , satis sufficit ei ad paenam , quod dominum expectet ultorem . Nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum-venire , No Enditement of high Treason &c. lieth against the King , our only remedy is to Petition his sacred Majesty , but if he will not hearken to our just and reasonrble requests , satis sufficit , Nay his punishment is more than enough , for he must render an account one day to him who judgeth righteously , who will give us all a hearing , the Beggar as well as the King. But let not men ( in the mean time ) presume to question the deeds of the King , much lesse Rebel against him , and undoe by force , what the King shall do though not according to right . And that you may know that Bracton fully meant that the Subjects ought not to rise against the King though he acted unjustly , He repeats his mind in other places , li. 5. Tract . 3. de defaltis , cap. 3.3 . where he puts the case , that if the King should do injury , and will not suffer the Law , but his will to take place , Quo casu cum dominus Rex super hoc fuerit interpellatus , in eadem perstiterit voluntate , quod velit tenentem esse defensum injuria cum teneatur justitiam totis viribus defensare , ex tunc erit injuria ipsius domini Regis , nec poterit ei necessitatem aliquis imponere , quòd i●la● corrigat , et emendet , nisi velit , cum superiorem non habeat nisi deum , et satis erit illi pro paena quòd deum expectat ultorem . If the King who is bound to administer justice to his utmost power , being Petitioned , will not recall , and amend the wrong he did , he injures his Subjects , but no body can force him to do right , because he hath the Supreme power , he hath no Superiour but God , and it is punishment enough for him , to expect that God to whom vengeance only belongeth , will take vengeance on him . To every point which I have cited out of Bracton , doth Fleta unanimously agree . What man then , so impudently wicked ? What hand so wilfully audacious ? what pen can there be so repugnant , and contradictory to all truth ? as to affirm and publish to the world , that Bracton writeth , and is so to be understood , viz. That the people have the Soverainty over the King , and may call him in question for his actions , & so punish him for his offences . O Traytor to the King , and Sycophant of Bracton . Mr. Willian Prynne of Lincolns-Inne is the man , who with his Hand and Pen ( I cannot say Heart ) hath promulged this false Doctrine to the World , in his Book called The Soveraign Power of Parliaments and Kingdoms : Wherein ( according to Mr. Sandersons expression , in his History of King Charls the 1st . fo . 117. ) Prynne pretends to overthrow all Scripture proofs against killing Kings and Princes . For my part I bear not the least grudge or animosity to the mans person ; But his book is such a rapsody of nonsense , a bundle of Rebellion , and Treason , a Pamplet so Seditious , Pernicious , Sophistical , Jesuitical , Trayterous , and Scurrulous , that I want Mr. Prynnes Epithites , to give his own book , its deserved Odium ; Wherein ( as Mr. Fuller in his Church History , lib. 11. fol. 152. well observeth ) he delighteth more to be numerous with many , than ponderous with select quotations , which maketh his Books to swell with the losse of tentimes of the Reader , sometimes of the Printer , and his pen generally querulous , hath more of the Plantiff than of the Defendant therein . I mention Mr. Prynne , and his book here , only to put him in mind of the wrong which he hath done both to our Soveraign the King , and the whole Kingdom ; He being the greatest , ( if not the only Champion , ) who rook upon him , to vindicate , and applaud , those treacherous , damnable , and rebellious proceedings , and unchristian , inhumane , and unnatural Warr against the King , of that Monster , called the Long Parliament , whom , now he laboureth as much to vilifye , as he did then to promote . O Trayterous Offspring , which killeth his Mother only , because she will not give him , suck ! If he repent , why doth he not write a book of retractations ? If he looketh upon his book intituled , The lawfulnesse of the Parliaments necessary defensive War , both in point of Law and Conscience , I am sure , he will have cause enough to repent of his writing , if he hath any Law or Conscience in him . And he hath no way better to redeem his credit , than by a publique Confession . God may pardon him , and the King may pardon him , if he repenteth ; But without repentance , he must expect nothing but a Traytors reward in this World ; I leave him to Gods mercy in the World to come . But since it is the manner of Worldlings to set the best side formost , the purest grain commonly lyeth in the mouth of the Sack , and a fair Apple many times hath a rotten coar ; Therefore behold the specious Title of Mr. Prynnes book , and the cunning Sophistry , in his Mental Reservation , by which he hath deceived the common people , befooled himself , and undone the whole Kingdom ; the Title of his book is , The Parliament and Kingdom are the Soveraign power . Any man would think , that by the word , Parliament , Mr. Prynne meant the King , the House of Lords , and the House of Commons , because by the Law of the Land , there can be no Parliament without the King , neither can the two Houses by Law act any thing without him , and then if he means so , no man will deny , but that the Parliament hath the Soveraign power ; But alas he hath no such thoughts , he means ( as by the stuff of his book is manifest ) that the two Houses , or the major part of them , have the Soveraign power , and that they may enact any thing without the King , as well as with him : Thus by lifting up the Legs and Feet too high , he hath given the Head a fall , and battered the whole Body into pieces , O unhappy Member , who would have the Heels execute the Office of the Brains , and maintain the Warr of the inferiour Members against the Superiour , to be legal , and consciencious ! In his Epistle Dedicatory to the Lords and Commons , whom he calleth , Eternally Renowned Senators , and most cordial Philopaters ( he will not now tell you , they were eternal ) Mr Prynne termeth all contrary opinions to his ( though they be the opinions of Bishops , and farr better Lawers than himself ) to be but the vain , empty , brain-sick , lying fancies of a few illiterate , impolitick Court Chaplains , Lawyers , Sycophants , &c. How irreverently , and discourteously , he hath dealt with his Gracious Soveraign , Lord , and Master the King , let his book judge , where he can scarce speak of the King at any time , without taxing him with perjury , lying , popery and murther . He raileth against the treachery and disloyalty of Popish Parliaments , Prelates , Lords , and Subjects to their Soveraign , and so concludeth , that they have made greater innovations , and encroachments on the Crown , and in an higher degree , than ever did the long Parliament , which he hopes will for ever silence the clamorous tongues of all ill Counsellers , Courtiers , Royalists , Malignants , Papists and Cavalliers , against the proceedings of that Parliament , ( see the 1. part of his Book , fol. 33. ) as if the excessive abundance of other mens sinnes , would justifie the sinnes of the long Parliament . And indeed , the most of his arguments are à facto ad jus , which ( especially in the Kings case ) is no argument at all . The books of the Royalists to maintain the Kings just prerogatives , he calleth anti-Parliamentary Pamphlets , and the Authors of them he calleth Malignant , Popish Vipets , illiterate , ignorant , injudicious Court Doctors and Lawyers , and Anti-parliamental Momusses : But is not Mr. Prynne the Anti-parliamental Momus and viper ? who setteth the body above the head , maintaineth that the two Houses , or the major part , have the Soveraign power , may act without the King , levy warre against him , and kill him too , by defending themselves ; which as he telleth you , he will justifie both in point of law and conscience . O unhappy law ! O the no Conscience ! which teacheth men to kill Kings , and the Subjects to levy warre against their Soveraign ; David , the Lords anointed , cryed , The Lord forbid that he should do this thing : But Mr. Prynne a Presbyterian , cryeth , The Lord forbid that it should not be done . Oh , the difference between a holy David , and a rigid Presbyterian ! He maketh the ignorance ( as he termeth it ) of other men , the greatest ground of his arguments ; He calleth all Divines and Lawyers , a company of seemingly scient , though really inscient , self-conceited , Court Doctors , Priests and Lawyers ; Doctum genus indoctissimorum hominum , vix ad Doroberniam usque docti ; who hold an opinion contrary to his , ( truely so named , by himself Vid. Epist . 1. part of Soveraign power , &c. ) dangerous Paradoxes , and upstart Enthusiasmes . He endeavoureth to make us , all our Ancestors , and all Kingdomes fooles , himself the only omniscient . He revileth the King and all his royal party , by the names of Murtherers , Popish cut-throats , ignorant Momusses , and an unnatural generation of popish and malignant vipers ; But , To his ever honoured , noble , kind friends , the right Honourable Lord , Ferdinando Fairfax , the right worshipfull Sir William Waller , and Sir William Bruerton , Knights , Commanders in Chief of the Parliaments forces , ( which is the superscription to his Epistle of the 3d. part of the Sovereign power , &c. ) These he calleth in the Vocative case , Deservedly renowned worthies . So that , as none but Homer could expresse the praises due to Homer , so none but Mr. Prynne can expresse the aspersions which Mr. Prynne hath cast upon his Master , the King , and his betters , the loyal Royalists ; for who can come after Mr. Prynne in railing , where he letteth his pen flye out ? You must take his own interpretations for true Maxims , and his own meaning both of Scripture and Law-books , must go for current Doctrine ; otherwise you spoil his whole building ; and that which he recites for him , will be most against him . Nay , his averments must passe for undoubted axioms . But you will ask me then , How can Mr. Prynne be clear from the guilt of blasphemy ? who in his 3d. part of the Soveraign power of Parliaments , fol. 6. declareth himself in these words , viz. I dare confidently averre , it was never the thought , nor intention of Paul , or of the Holy Ghost , to inhibit Subjects by defensive armes to resist Kings themselves , under pain of damnation . For my part I will not invectively censure Mr. Prynne , as guilty of Blasphemy , nor scold at him as a Subverter of Scripture , Parasite , &c. as he hath done at others who are contrary to him in opinion , but let me tell him , that if he had averred , that it was never the thought , nor intention of St. Paul or the Holy-Ghost to inhibit Subjects , by offensive arms , to resist Kings themselves , under pain of damnation ; I should have as soon believed him , for Saint Paul saith , Rom. 13.1 , 2. Let every Soul be Subject unto the higher Powers , for there is no power but of God , the powers that be are ordained of God , whosoever therefore resisteth the power , resisteth the ordinance of God , and they that resist shall receive to themselves damnation . Now if St. Pauls thoughts and intention be not according to his words , then Mr. Prinns confident averrment , perhaps may be true ; but if St. Paules thoughts and intention be according to his words ( as most certainly they are ) then Mr. Prinns averrment , is but a false allegation , and a belying of St. Paul , and the Holy-Ghost ; for by Saint Paules Doctrine , he which is not subject too , but resisteth the power , shall receive damnation ; but whosoever with defensive arms resisteth the King , is not subject to , but doth resist the power ; Therehe which with defensive arms resisteth the King , shall receive damnation , The Major no man can deny , the Minor is inviolable , and the Conclusion is perfect , and sound . There be those indeed who do confidently averr ( and have written a book too , ) that there were men before Adam , but I could never see any Scripture , but their own interpretations and meanings to warrant their averments . And untill Mr. Pryn can produce Texts of Scripture , to warrant , and maintain his confident averment , he must excuse me , if I still hold St. Paules Doctrine Canonical , and his averment meer Apocripha . For suppose the King subverteth both Law and Religion , yet doth not that take away his supreme power , he is still a King , and Gods ordinance ; Saul was a King , though an impious sinner , and there have been wicked Kings as well as wicked Subjects ; to do evil ( saith one , ) is no power , but impotency , therefore if the King command me to murther my self , my Father , to destroy my Country , or to do any other wicked act , I will not do it , but obey God , not him , because it is his corruption , not any power he hath , from whence his commandment proceedeth : and therefore I am not obliged to obey him , because I must be a Subject to his power , not to his sins ; yet if he should run after me with a naked Sword to kill me , my Father , my Mother , ruine my Country , Laws , and Religion , Yet would not I with defensive arms , lift up my hands against him , to resist , hurt , and destroy him , because he is still my King , and hath still that supreme power , which God placed in him , although he doth not then execute it , and therefore if I should with defensive Arms lift up my hands to resist , hurt , and destroy him , I should with defensive Arms lift up my hands to resist , hurt , and destroy the Ordinance of God , and so receive damnation for my reward ; Not to perform the Kings command , is a resistance , although we suffer death ; Therefore if it be the Kings power and not his wicked will which commandeth me to do an evil thing , if I did not perform his evil commandment , I should resist his power and so be lyable to damnation , although I patiently and meekly suffered death . But doubtlesse the Kings power cannot command me to do any evil , but it must proceed from his sinfull will , for God is not the Author of any unrighteousnesse , and there is no power but what God is the Author of ; therefore according to venerable Bede , the Apostle doth not say , Non est cupiditas nisi a Deo , est enim mala cupiditas quae non est a deo , nocendi autem voluntas potest esse a suo quoque animo pravo . That there is no concupiscence but what is of God , for there is an evil concupiscence , which is not from God , and the evil will of sinning proceedeth from our own depraved mindes ; therefore if the King command me to do an evil thing , I ought to obey God , not his wicked will , but rather than to lift up my hands against him , though in my defence , I ought cheerfully and meekly to suffer a thousand deaths , for by dying unjustly here , I shall live eternally in Heaven ; and since the Glory of a Christian is the Crosse , by suffering and dying a Martyr , I shall obtain everlasting Glory , and by my thus doing well , I shall get praise even of the Power , which the Kings wicked will made use of to destroy me ; but defence against the power of a King is offence , therefore if with defensive arms , I should fight against him , I should resist Gods Ordinance , and so receive damnation , for by Gods Ordinance the King hath the power over all , and his Actions ought not to be questioned or resisted by any but the Almighty . But for my part , I hold clearly , that when the King executeth Tyranny , taketh away the Lives , or Estates of his Subjects unjustly , that he doth it not only by reason of his wicked will ( according to the precedent distinction ) but by force , and virtue of his power , which God hath given him , and that this is the power , which St. Paul commandeth us to be subject unto , which if we resist , we shall receive damnation , and that for several reasons . It is most certain that there is no power but of God , the powers that be are ordained of God , for by him were all things created , that are in Heaven , and that are in Earth visible and invisible , whether they be Thrones , or Dominions , or Principalities , or Powers , all things were created by him , and for him , Col. 1.16 . ( Which expressions in the Abstract , do expresse existents in the Concrete ) from whence it followeth , that bad Kings have their power from God , and are Gods Ordinance , as well as good ; And it is manifest in Scripture , that wicked Kings are often sent for the punishment of a Nation , as in Hosea 13.11 . I gave them a King in my wrath , and took him away in mine anger ; And God commandeth us to pray for , and be subject , not only to the good , but also to the bad Kings . I exhort you that Prayers , and Supplications , and Thanksgiving be made for all men , for Kings , and such as are in Authority . 1 Tim. 2.1 . Thus Abraham prayed for King Abimeleck , Gen. 20.17 . And Jacob blessed the King of Aegypt , Gen. 47.10 . Yet the Kings of those times were Infidels , and most notoriously wicked ; No man is ignorant , that Nebuchadnezzar who destroyed Jerusalem , was a great spoyler and oppressor , yet the Lord tells us by Ezekiel , that he had given unto him the Land of Aegypt , for the good service he had done in laying it waste on his Commandement . And Daniel said unto him thus , Dan. 2.37 . Thou O King art a King of Kings ; for the God of Heaven hath given thee a Kingdom , Power , and Strength , and Glory , and wheresoever the Children of men dwell , the Beasts of the Field , and the Fowls of Heaven , hath he given into thy hand , and hath made thee Ruler over them all . Again to Belshazzar his Son , Dan. 5.18 . The most high God gave unto Nebuchadnezzar thy Father a Kingdom , and Majesty , and Glory , and Honour , and for the Majesty that he gave him , all people , Nations , and Languages , trembled and feared before him ; And again , Jer. 27.6 . I have made the Earth saith the Lord , the Man and the Beast that are upon the ground , by my great power , and by my outstretched Arm , and have given it unto whom it seemed meet unto me ; And now have I given all these Lands into the Hands of Nebuchadnezzar King of Babylon my Servant , and the Beasts of the Field have I given him also to serve him , and all Nations shall serve him , and his Son , and his Sons Son , untill the very time of his Land come : And it shall come to passe , that the Nation and Kingdom which will not serve the same Nebcchadnezzar King of Babylon , and that will not put their Neck under the Yoke of the King of Babylon , that Nation will I punish , saith the Lord , with the Sword , and with Famine , and with the Pestilence ; Wherefore serve the King of Babylon , and live . And St. Peter saith , Servants ( all the Kings Subjects are his Servants ) be subject to your Masters ( the King is our Soveraign Lord and Master ) with all fear , not only to the good , and gentle , but also to the froward ; For this is thanks worthy , if a man for Conscience toward God , endure grief , suffering wrongfully . From which it is most evident , that we ought , and are commanded to be Subject to evill Kings , who are degenerated into Tyrants . If then the power of evil Kings commeth from God , if God commandeth us to pray for them , and to be subject to them , and if they are Gods ordinance ( as most certainly they are ) it consequently followeth , that he which with defensive or offensive ( I can make no distinction , for ubi lex non distinguit , non est distinguenda , ) Arms , resisteth an evil King , resisteth Gods ordinance , and shall receive damnation ; What then , if the King command us to doe Evill , must we doe it ? God forbid , nay God hath forbidden it , therefore we must obey God , not the King ; yet must we not unjustly resist him , but rather , resign up our lives and estates into his hands : For we must needs be subject to the King , not only for wrath , but also for conscience sake , saith S. Paul. But our objecter saith , that if it be the meaning of the Apostle , to inhibit the resistance of the Kings unlawful commands , then , to flye , or to die , rather than obey , is likewise inhibited , because the not performance of the command , is a resistance . To which I answer , that I may confidently averre , that it was never the meaning of St. Paul , nor the Holy Ghost , to inhibit this kind of resistance under the pain of eternal damnation : it being the Doctrine and practise of our Saviour , and all the Apostles , when they were persecuted in one City , to fly into another , Matth. 10.23 . and all of them willingly suffered death under wicked Kings : but you shall never find that they resisted with defensive arms , but both with their lives , deaths and doctrine , set forth the contrary . But if this kind of resistance be inhibited by the Apostle , you must understand , that the penalty is temporal , not eternal damnation . The word in the Original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth judicium , and so it is used in several places in the New Testament , as in Matth. 7.2 . Luke 24.20 , &c. for temporal damnation and judgment . So that we may conclude , that the intention of the Apostle was , that whosoever resisteth the lawful commands of the King , shall receive damnation both from God and the King ; and he which doth not perform the unlawful commands of the King , shall receive temporal judgment , and damnation from the King , but salvation , and life everlasting from God : but whosoever useth unlawful resistance against the Kings unlawful commands , as defensive arms , &c. must expect temporal judgment and damnation from the King , and eternal judgment and damnation from the Almighty . But what , doth God give power to Kings to take away mens lives and estates unjustly ? I answer that he doth ; the Devil himself hath no power , but what God giveth him . It is the wisdome of the Almighty , oftentimes to scourge his people for their sins , with the power which he giveth to wicked Kings : The King is a minister of God ( saith St. Paul ) a revenger , to execute wrath upon him that doth evil : and sometimes to try them , that he may make them the more happy and glorious ; God gave power to the Devil to afflict Job , who had not his like in the whole earth , a perfect , and an upright man , one that feared God , and eschewed evil , Job . 1.8 . and what made Job so famous , as his miseries ? Had not Job had sore boyles , we should never have heard of Job's glory , and good fortunes ; and was it not the Lord which authorized the Devil to afflict him ? It was , for the Devil had not power to touch him , until he had desired God to put forth his hand , and touch his bone , and his flesh ; which made holy Job to cry , the Lord hath given , and the Lord hath taken , not the Devil , for he was but the instrument : so God oftentimes by the power which he giveth to Kings , afflicteth his dearest children , both in their bodies , and estates ; yet cannot unrighteousnesse be imputed unto God ; because he doth it for their good : but the wicked wills of Kings , which use the power which God giveth them , so unjustly , are unrighteous , and shall by the Almighty be punished , according to venerable Bede , Injustum enim non est ut improbis accipientibus nocendi potestatem bonorum patientia probetur , & malorum iniquitas puniatur . It is not unjust in God , that the patience of the good be proved , and the sins of the wicked punished , by the power which is given the wicked to offend ; for by the power given to the Devil , Job was tried , and appeared to be just ; St. Peter was tempted , that he should not presume too much upon himself ; and Judas was condemned , that he hanged himself . But it is unjust in the King to use it . Wilt thou then not be afraid of the power ? ( saith the Apostle ) Do that which is good , and thou shalt have praise of the same . A good man will have praise of the power , let the King be good or evil : If the King be good , he will cherish the good , and reward their piety and goodnesse , with praise and dignity : But if the King be evil , yet shall the good receive praise from the power . It is the Glory of a Chrstian to suffer wrongfully , his unjust miseries are his best herauldry to ennoble him ; and every injury offered to him , is as a Crown of gold set on his head ; he had rather be punished for a thousand faults wrongfully , than for one justly ; For what glory is it if when ye be buffeted for your faults , ye shall take it patiently ? but if when ye do well , and suffer for it , ye take it patiently , this is acceptable with God , 1 Peter 2.20 . Non dicit ab illa , sed ●ex ea ( saith reverend Bede ) quia etsi potestas humana non laudat , immo si etiam persequitur , si occidit gladio , ut Paulum , si crucifigit , ut Petrum , habebis ex illa laudem , dum ex eo quod illa malefacit in te , justum , et innoxium , tuae virtutis patientia Coronam laudis meretur . All the Apostles , and Martyrs received a Crown of Glory by their sufferings under Tyrants , and so will every good Man. For they are the Ministers of God to them for good , though they oppresse , nay kill the Innocent , and Righteous , they do not hurt them , but do them good ; as the best Gold is purified in the fire , so the best Christians are discerned from the drosse , by their afflictions . That mettle is never good which turneth again , and the good Christian will suffer himself to be broken in a thousand pieces , before he will turn again with resistance , against his persecuting King ; for why ? He knoweth that though he suffer here on Earth , yet God will glorifie him in Heaven , though he be contemned by the King , yet he shall be exalted by God , and though he dye by the Kings unlawfull command , yet his comfort is , that his dead body shall arise , by the eternal Decree of the Almighty , and so the good will always receive praise of the Power . Neither are the Rulers a terrour to him , because he always aboundeth with good works . Hor. Integer vitae , scelerisque purus , Non eget Mauri Jaculis , nequè arcu● Nec Venenatis gravida sagitis , Fusce , Pharetra . Who lives upright , and pure of heart , Oh Fuscus ) neither needs the Dart Nor Bow , nor Quiver fraught with store Of Shafts envenom'd by the Moor. Innocence is the only buckler which protecteth a loyal Subject from the terrour of his Soveraign ; But Traytors , who have rebelled against their king , & deserved death by the known Laws of the Land , These men must preach up Mr. Prynnes Doctrine to cover their malice , hold the truth in unrighteousnesse , and when with offensive Arms , contrary to all Law and Religion , and against their allegiance and oaths , they set upon the Kings sacred Majesty , and with an innumerous multitude of unhallowed Rebels , they fight against , and strive to murther their dread Soveraign in the open Air ; They must have the impudence with Mr. Prynne , to excuse themselves , may think it a glorious Apology , To averr confidently that it was never the meaning of St. Paul , nor the Holy Ghost , to inhibit Subjects to take up defensive Arms against Kings themselves ; And thus they invoke St. Paul himself , and the Holy Ghost , to patronize their wicked Treasons , and unparallel'd Rebellions , and belch out Blasphemy , to defend their injustice , and themselves from the justice of their injured Soveraign . The Apostles did not only teach us with their Doctrine , that resistance of the power was unlawful ; but also suffered themselves to be wickedly massacred , and murthered , before they would resist an unjust power ; Nay all the primitive Christians ( which Mr. Prynne confesseth ) although they were many in number , and sufficiently able to defend themselves against their Persecutors , by force , and Arms , yet did refuse to do it , yielding themselves up to any tortures , punishments , & deaths , without the least resistance of the power , either in word , or deed ; Nay our Saviour himself , acknowledged that Pilate had power given him from above to Crucifie him ( as you may read in St. Iohn 19.10 . ) Then saith Pilate unto him , Speakest thou not unto me ? knowest thou not that I have power to Crucifie thee , and have power to release thee ? Jesus answered , Thou couldest have no power at all against me , except it were given thee from above : Therefore he which delivered me unto thee hath the greater sin . Yet Mr. Prynne with his confident averrment ( for he cannot bring one word of Scripture for what he saith ) goeth about to maintain the defensive Warr ( as he calls it ) of the Subjects against their Soveraign Lord the King , lawfull , both in point of Law and Conscience ; — Tantumnè potest suadere malorum Religio ? — Could his Religion do this ? His surely , and only his , for it is against the foundation of Christian Religion , and Mr. Prynne must publish a new Gospel , or else rectifie the Bible at the Presbyterian Oracle , before his King-killing books will be Canonical . He bringeth his arguments from the time that never was , nor ever will be , for saith he ( 2d . p●rt of his Soveraign power of Parliaments , fo . 82 , 83. ) Kingdoms were before Kings , ergo , the King hath no absolute negative voyce , &c. I alwayes thought that Kings were before Kingdoms , they being correlativa , and doubtlesse if Fathers were before Sons , and Masters before Servants , then Mr. Prynne speaks nonsense ; but for his Apology , you must understand that he means , Countryes and people were before Kings ; but I think that is false too , for the first man Adam was a King , and Mr. Prynne cannot shew any time , before England was governed by Kings : And the word Kingdom in the Reports of our book cases , and in Acts of Parliaments also , is oftentimes taken for the King himself , as you may read in Calvins case , lib. 7.12 . Therefore , since by the Laws of the Land there can be no Parliament without the King , & that the word Kingdom is often used for the King himself ; who can deny the truth of the Title of Mr. Prynnes book , which saith , That the Parliament and Kingdom are the Soveraign power . But , latet anguis in herba ; Open the leaves of his book , and you will see the mystery of iniquity clouted together . If the King ( saith Mr. Prynne ) dye without heir , then the people might make what lawes they should think fit ; Ergo , the Members at this day have power without the King to make Lawes , and are the most absolute supreme power , and law-giver , not the King. If the Sky fall , we may perhaps catch Larks ; but it doth not therefore follow , that we may catch Larks presently . Mr. Prynne knoweth , that it is a Maxim in Law , that the King never dyeth : But admit the King should dye without heir , and that then the people had power to make Lawes ; yet grosse it were to conclude , that the members of the two Houses might so do , because they are dissolved , and are extinct when the King dyeth . Therefore with more reason ( as a Royalist observes ) the King might argue thus ; All the lands in England are holden mediatly or immediately of the King , and if the owners dye without heir , by the lawes of the Realm , their lands escheat to the Crown , and so become at the Kings disposal . But every man may dye without heir , Ergo , All the lands in England , at this present , are the proper inheritance of the King. No Lawyer can deny Major or Minor , yet the Conclusion thereupon is absurd . The Court of Parliament ( saith Mr. Prynne ) hath power to avoid the Kings Charters , &c. made against law ; Ergo it hath the Soveraign power , and is above the King ; and why not , Ergo , the Court of Chancery , or any other of the Courts of Law at Westminster , have the soveraign power , and are above the King ; for they have power to nullifie and avoid the Kings Charters , &c. made against Law ? But I am sick of Mr. Prynnes impertinence , and nonsense , if any one be desirous to drink more of it , I referre him to the Ocean , his Book : I will only give you a taste of the abuses which Mr. Prynne hath cast on Venerable Bracton , and how Mr. Prynne endeavoureth to make Bracton speak Mr. Prynne's own sense , against Bracton's own sense , expresse words , and meaning . And since Mr. Prynne can make the Gospel , and Holy Ghost speak what he pleaseth , no wonder , if he hath the Law-books at his beck . Bracton saith ( as you have already heard ) That the King hath no Peer in his Kingdome , for so he should lose his Empire , since Peers ( or Equals ) have no command over one another , much more then ought he not to have a superiour , or mightier ; for so he should be inferiour to those who are subject to him , and inferiours cannot be equal to superiours . Now saith Mr. Prynne , ( according to the old Jesuitical distinction ) The meaning of Bracton is , That the King is above every one of his subjects , and hath no Peer , nor superiour , if they be taken particularly and distributively , as single men : but if we take them collectively in Parliament , as they are one body , and represent the whole Kingdome ; then the Subjects are above the King , and may , yea , ought to restrain and question his actions , his Male-administrations , if their be just cause . By which meaning of Bracton , ( as he calleth it , but in truth only his own ) Mr. Prynne would prove the Parliament to have the Soveraign power over the King and Kingdome . Truly I think , the very recital of what Bracton hath written , and what Mr. Prynne writeth is Bracton's meaning , is enough to convince , and make appear even to the blind , that Mr. Prynne is worse than a false Commentator , and an absurd deceiver . But howsoever I will examine them , and let the world judge how they agree . The King hath no Peer in his Kingdome , saith Bracton , But the Parliament and people ( the Kings Subjects ) are in his Kingdome , Ergo , neither the Parliament nor people , ( collectively , or distributively ) are the Kings Peer ( or equal . ) But why hath the King no Peer in his Kingdome ? Because then he should lose his Empire . So he should if the Parliament was his Peer ; and Bracton did never intend that the King should lose his Empire ; for he saith , the King ought by no meanes to have a superiour , or mightier , ( Mr. Prynne saith , he ought by all meanes to have the Parliament his superiour and mightier ) But wherefore ought not the King to have a Superiour ? because ( saith Bracton ) so he should be inferiour to those who are subject to him : The Parliament and People confess themselves to be the Kings Subjects , yet Mr. Prynn would have them to be the Kings Superiour , Expressly against Bractons words and meaning , and a meer nonsensical Contradiction . And the reason why Mr. Prynne saith , Bracton did only mean that any single man , was not the Kings Superiour , or Equal , not the Parliament , is , because Bracton saith , Rex non habet parem , nec Superiorem in regno suo , seing Parem , and Superiorem ? in the singular number ; I pray what Latine would Mr. Prynne have Bracton speak , could he have expressed himself better : and too , Mr. Prynne pretendeth the Parliament to be only the Kings Superiour , not Superiours , Therefore doth not the singular number fully answer Mr. Prynne in all points , but Mr. Prynne may hear Bracton confute him in the plural number too , if he please , ( as I have already shewed ) saying , Rex habet potestatem , et jurisdictionem super omnes qui in regno suo sunt , and again , Potentia vero omnes fibi subditos praecellet . Where is Mr. Prynns almighty Parliament now ? Bracton telleth him , if they be in the Kings Dominions , that the King hath power over and above them , and Mr. Prynne must find out some Utopia for them , in the air , to inhabit , before he can prove either by Law , or Gospel , that the Parliament is above , of hath Soveraign power over the King , Ipse autem Rex non debet esse sub homine , sed sub Deo , et sub Lege , quia Lex facit Regem , saith Bracton , but the King himself ought to be under the Parliament , ( saith Mr. Prynne ) and why not under the women ? for if Mr. Prynne will say that the Parliament is not comprehended in the word Homine , so likewise may he say that neither are women : Bracton saith that the King ought to be under none but God , and unless Mr. Prynne can make his Parliament a God Almighty , he can never make out that the King is under it . For according to Bractons Doctrine the King is under none but God , Omnis quidem sub rege et ipse , sub nullo , nisi tantum sub Deo. Which is sufficient testimony that the King is under no mortal man , or men , yet he is sub Lege , under the Law , because the Law maketh the King : Ergo saith Mr. Prynne , The Parliament maketh the King , and Governeth him with the Laws which the Parliament first made . O Grand Imposture ! Can any man but Mr. Prynne forge such a consequence ? Rex solutus a Legibus quò ad vim coactivam , subditus est legibus quo ad vim directivam propria voluntate , The King indeed is under the Law because he will be ruled by the Law , but if he will not , no man hath power to compel , or punish him , according to the opinion of Thomas Aquinas , The King is free from the Coercive power of the Law , but he may be subject to its directive power , yet according to his own will and inclination , that is , God can only compell and command him , but the Law and his Courts may direct and advise him . Every honest man is bound to perform and fulfill his word , and the King is so much under and subject to the Laws which he maketh , that he will perform and fulfill them , but if not , Dominum expectet ultorem , which is the only punishment for Kings ; And satis sufficit , that is enough too , according to Reverend Bracton : But that the Parliament therfore maketh the King , and may question his actions ( according to Mr. Prynns Sophistry ) is a meer non sequitur . The Law indeed maketh the King , for he hath a legal Title to his Crown , he is made our King by the Law of God , and the Law of the Kingdom , which cannot be without a King ; but that the Law of the Parliament , or that the Law by the Parliament , made the King , is such a Chimaera , that is no where to be found , but in Mr. Prynnes unsetled brain : For the King of England was made a long time before Parliaments were invented , or thought on . The King indeed first made Parliaments , and gave them their being , who now have unmade their King , and took away his living . O ungrateful Servants who rob their Master ! O ungracious Children who murther their Father which begot them ! So much for Mr. Prynne , and his pestilent book , the prodigious offspring of a revengeful head , whom I would not have mentioned , but to vindicate the truth , for which I will both live and dye . One thing , Reader , I recommend to thee , worthy of the observation of all Christians , and as a just judgement of the Almighty God , Psal . 33.10 . who bringeth the Counsel of the Heathen to nought , and maketh the devices of the people of none effect , Which is , that Mr. Prynne who was the only Champion , to fight against the truth with his pen ( as the Rebels did with their Swords ) to maintain and applaud the long Parliament , in their Treason and Rebellion against their Soveraign , was afterwards ill intreated by his own stipendaries , and cast out of the pack as an unprofitable Member ; He incouraged the Souldiers to fight against the King , dedicated his Volumes to their chief Commanders , loaded them with high Commendations , and incomparable praises , and made them believe , that they could do God no better service , than to go on vigorously in their Rebellion . So that it may be truly said , that his paper pellets did more harm , than the roaring Guns , or cutting Swords ; He laboured night and day to glorifie and vindicate the Parliament , in their wicked proceedings at home , and ( as his books will manifest ) he spared many hours from his natural rest , to promote the unnatural Warrs abroad . Yet now ( nec invideo ) he prosecuteth them with reproaches , as much as he did then with praises , himself being become hatefull to them all , verifying the Proverb of Solomon cap. 24.24 . He that saith unto the wicked thou art righteous , him shall the people curse , Nations shall abhorre him . Therefore I once more advise him , ( as a friend ) to write a book of Retractations . The Lord be merciful unto us , the men of our times would make one believe that there never was a King in the World : Nay , they would seem to make the Kings , so highly esteemed of by God , all the Prophets and Apostles in Scripture , but meer white walls , the empty shadows of the people , and the Bible , but a bundle of Fables , as if God never took no more notice of a King , than of an ordinary Porter . How Judas , sirnamed the Long Parliament , betrayed and murthered Charles the first , The best of all Kings , and contrary to all Law and Religion , and the common interest of the people . Banish Charles the 2d . our only lawful King and Governour . The mystery of their iniquity laid open , and that they are the greatest and most wicked Tyrants , that ever dwelt upon the face of the Earth ; and the Child which is unborn , will rue the day of their untimely birth . Of what persons a Parliament consisteth . No Parliament without the King. The Original institution of Parliaments , and that the House of Commons ( which now make themselves Kings over King and people ) were but as of yesterday , have no legal power , but what is derived from the King , and never were intrusted with any power from the people , much lesse with the Soveraignty , which they now Tyrannically usurpe . The Kings Soveraignty over Parliament and people , copiously proved . King Charles his Title to the Crown of England , To him only belongeth the Militia , the power of chusing Judges , Privy Counsellors , and other great Officers , &c. He is head in Ecclesiastical causes , and our sole Legislator . Our Ancestors alwayes found and accounted Monarchy , to be the best of Governments , and most profitable for us , yet these 40 or 50. Tyrants , contrary to all Antiquity , and common sense , and feeling , sit and vote Monarchy dangerous and burthensome . That all persons put to death since the murther of Charles the Martyr , by the power of our new States-men , have been murthered , and their Judges Murtherers , and so it will continue , until they receive their power and authority from Charles the 2d . and that we shall never enjoy peace or plenty , until our King be restored to his Kingdoms , which a pack of Tyrants and Traytors ( not the People ) keep from him . How the Law abhorreth to offer violence to the King , and how these Rebels transgresse all Laws both of God and Man , to uphold themselves in their unparallel'd Villanies . A History which commandeth the serious contemplation of our age , and worthy of the observation of all the people in the World , and of all future Generations , not that they might imitate , but detest and loath these Perfidious and Rebellious transactions . Perlege , deinde scies . HAving sufficiently prov'd out of our Law books that by the Common Law of the Realm , the King hath the Soveraign power over Parliament and People , and ought not to be questioned for his actions by any of his Subjects , taken either distributively , or collectively in one intire body , because he hath no Superiour on Earth , but God Almighty ; Let us now take a brief view of the Statutes and Acts of Parliament , which have from Age to Age confirmed what I have said , as an undoubted , inviolable , and indisputable truth . And since there are those amongst us , who talk much of a power in the Parliament ( as they call the two Houses ) which they pretend to be above , and Superiour to the King ; Let us examine what this high and mighty Creature is , whence , and when , it had its original , what is its true , natural , and legal power , and of what persons it doth consist . The Kings high Court of Parliament , consisteth of the Kings Majesty sitting there , as in his Royal politick capacity : and of the three Estates of the Realm , viz. 1 Of the Lords spiritual , Arch-Bishops , and Bishops , being in number 24 , who sit there by succession in respect of their Counties , or Baronies , parcell of their Bishopricks , which they hold also in their politick capacity . 2. The Lords temporal , Dukes , Marquesses , Earls , Viscounts , and Barons , who sit there by reason of their Dignities , which they hold by descent , or creation , being in number 106. And every one of these when the King vouchsafeth to hold a Parliament , hath a Writ of Summons . The third Estate is the Commons , of the Realm , which are divided into three parts , viz. into Knights of Shires , or Counties ; Citizens out of Cities , and Burgesses out of Borroughs . All which the King commandeth his Sheriffs to cause to come to his Parliament , being respectively Elected by the Shires , or Counties , Cities and Burroughs , and in number , 493. It is called Parliament , because every Member of the Court , should sincerely and discreetly Parler la ment , for the general good of the Common-wealth . This Court of Parliament is the most high and absolute , the supremest and most antient in the Realm , it Maketh , Enlargeth , Diminisheth , Abrogateth , Repealeth and Reviveth , Laws , Statutes , Acts , and Ordinances , concerning matters Ecclesiastical , Capital , Criminal , Common , Civil , Martial , Maritine , &c. to be short , so transcendent is the power , and jurisdiction of the Parliament , as it cannot be confined either for Causes , or Persons , within any bounds : Of this Court it is truly said , Si antiquitatem , spectes est vetustissima , si dignitatem , est honoratissima , si jurisdictionem , est capacissima . Yet notwithstanding this Almighty power ( as I may say ) of the Parliament , do but cut off the Kings head , or any ways take away the King , and it is nothing : Then a petty Court of Pypowders hath more power and jurisdiction than that . The King is the Soul of the Parliament , and without him it is but Putre Cadaver , a stinking Carcasse , for as my Lord Coke observeth of this Court , the King is Caput , principium , et finis , And it is a baser and more odious part , then the Rump of a Parliament , which wanteth all these ; and as in a natural body , when all the Sinews being joyned in the head , do joyn their forces together for the strengthening of the body , there is Ultimum Potentiae ; so in the politick body , when the King and the Lords Spititual , and temporal , Knights , Citizens , and Burgesses , are all by the Kings command assembled and joyned together , under the head , the King in consultation for the Common good of the whole Realm , there is Ultimum Sapientiae : But it was never known in any age , that the Members without the head , had either power or wisdom ; and it would be prodigious , if our age should produce such a Monster . No man can tell the contrary but that our Realm of England hath been Governed by Kings ever since the Creation of the World ; clear it is by all Historians , that ever since we heard of any Government in England , it hath been a Royal State , and although our Governours have been often changed , yet our Government was never turned out of the regal road , & it is as easy to pull the Sun out of the Firmament , and make the Stars to rule the day , as it is to abolish Monarchy , and establish Aristocracy , or Democracy , in our Kingdom ; For that which is bred in the bone , will never out of the flesh . As Monarchy is the most divine , and most natural kind of Government , so it is most natural to , and esteemed most divine by all true born English men ; For such is the Courage , and so great is the Loftiness of English Spirits , that they disdain to be ruled by any , but by his sacred Majesty , our Soveraign Lord the King : For as it was long before King William the Conquerour , so did our Government continue still without interruption a Royal Monarchy , until the chief Priests , and the Scribes , and the Elders ( as they call them ) of the People , to wit , Presbiterians , Independents , Anabaptists , Jesuits , &c. assembled together , and consulted that they might take Charles the first ( whose undeserved sufferings have made him immortal on Earth , as well as in Heaven ) by subtilty , and kill him ; But they said , let us not kill him suddenly and openly , lest there be an uproar among the people , night time is the only day for wickedness . The Gunpowder Treason was hatched in darknesse , and these Godly Villains thought that the best way to catch their prey , was to beat on the dark side of the hedge . They cut the Throat of Religion , when they seemed to lay a plaister ; and they murthered their Soveraign , when they swore they intended nothing , but to make him a Glorious King. Then entred Satan into Judas , surnamed the House of Commons , being one of the two Houses of Parliament ; And these Judasses went their way , and communed with the chief Priests , and Captains , how they might betray him unto them : And they were glad , and covenanted to give them mony ; who then promised , and sought opportunity to betray him unto them in the absence of the multitude . And since the innocent Birds are oftentimes easier catcht with silent and gentle snares , than roaring Guns , at first these Judasses thought to betray their Master with kisses , courting his Majesty with high-flying Complements of Obedience ; and that they might make him believe them to be , what indeed they were not , they made many Oathes , Protestations , Vows and Covenants , that they were his Graces most dutyful Subjects , and desired to live no longer , than to do his Majesty service . But it seems they did but play the Fox , speak fair , only to get their prey , for by these sophistical insinuations , they charmed his Majesty , and wrested from him divers marks of his Soveraignty ; they were intrusted with the Navy , obteined a Triennial Parliament , were acquitted of Ship-mony and other impositions , and at length made themselves perpetual , for his Majesty passed an Act , not to Dissolve them without their consent . So that they now wanted nothing but his Majesties life which to obtain , they procured by their wickedness , the Earl of Strafford's head to be cut off , and many other Nobles which stood in their way ; which props being removed , they thought they might with more ease pull down the Soveraignty of the King : & that these Negroes might make themselves compleat Devils , they got the head of the Earl of Strafford , & others cutoff , for committing Treason against the King , whose head they afterwards intended to cut off , for committing treason against them . O incomparable villany ! What they made a capital offence in others , they esteemed more than a Cardinal virtue in themselves . It was High Treason in others , to think to do the King any harm , but it was a high piece of Godlinesse in them to cut off his head . The Earl of Strafford must dye as a Traitour , because they said he intended to levy warre against the Kings will : But these Saints raised Armies to fight against his Majesties own person , Levied warre against the King and Kingdome , murthered the King , and destroyed the whole Realm ; Yet forsooth they must be canonized as the only true servants of Jesus Christ , and all those who speak against them they kill and massacre , as if they had committed Treason , and Blasphemy against the Almighty . Nay , the great offence against the Holy Ghost , they esteem more pardonable , than the least against them . And as it now plainly appeareth to the world , all their oaths , vowes , and protestations of obedience to the King , and performing of their duty towards him , were but preparations for their great wickednesse of murthering the King. For as the Gunner , when he laboureth to kill the innocent bird , walketh gently , and treadeth softly , holding down his gun , as if it was the least of his thoughts to shoot , when he mindeth nothing more ; or as the greedy Huntsman stealeth upon the Hare , or Deer , looking another way , untill he is gotten close by , and then letteth out his bloudy hounds , to take and kill his prey : So these Vipers , more wise than Serpents , ( only to do mischief ) did steal upon the King , and undermined him , by cutting off his Nobles , whom they knew would be true and trusty servants to him ; and then when they thought they had him within their reach , They let fly their doggs , the bloudy souldiers : for this Judas ( the House of Commons ) then having received a band of men , and officers , from the chief Priests and Pharisees , John. 18.3 . who first set them on work , came forth with a great multitude , with swords and staves , Matth. 26.47 , 48. to take and kill their Soveraign . Now they that betrayed him , gave the souldiers a sign , saying , Whomsoever we have sworn to be the only supreme Governour in all causes , and over all persons , That same is he , hold him fast . In that same time said the King to the Multitude , Are ye come out as against a thief , with swords and staves , for to take me ? I sate daily with you in the Parliament House , making many good lawes , and ye laid no hold on me . But all this was done , that their wickednesse might be fulfilled , John 18.12 . Then the band , and the Captain , and the Officers of these Jews , took the King , and led him away to their Council , and contrary to all legal proceedings , and the due course of Law , smote the Shepherd , and so the sheep of the Protestant flock were all scattered abroad ; Bradshaw , indeed , ( that Pontius Pilate ) pressed the King very earnestly ; and by subtil and crafty inventions , thought to have wrought upon the King , to have submitted to their ( summa injuria ) their Arbitrary High Court of Injustice , and pleaded : So that his Example might have been urged as an irrefragable precedent , against the lives and liberties of the whole Kingdome ; and that after ages might cite King Charles his case , as an authority to kill Kings . But the King foreseeing their delusive and abominable intentions , rather than he would betray the lives and liberty of his free born subjects , to the Arbitrary Lusts of these Tyrants ; told them of the great wickednesse they were about , and shewed to his people , how these Traitours endeavoured to inslave the whole Realm ; and so patiently suffered himself to be murdered , dying a most true Martyr , both for our Lawes and Religion ; but for plea , he said nothing . So Bradshaw ( more wicked than Pilate , for instead of washing his hands , he impudently bathed them in his Masters innocent blood ) gave the sentence of their wicked wills against him , and delivered him over to the blood-thirsty , to be crucified , who spit upon him , threw Tobacco pipes at him , mocked him , cryed out , Away with him , away with him , Crucifie him , Crucifie him , cut off his Head with their wicked Engines , and then cast lots for his Garments , and Estate , giving each Souldier a part ; But instead of writing over his head , This is Charles the King of the Jews , ( his true Title , or rather the King of the Devils ) they writ over his head , Exit Tyrannus Regum ultimus , anno libertatis Angliae restitutae primo , ( although in truth , the best of Kings then went out , and the greatest Tyranny under the Heavens then entred into our England ) comming far short of the Jews in all that is good , but exceeding them in all wickednesse , treachery , perfidiousness , and villany . Now all this impious Council sought false witnesse against the King , to put him to death , but found none ; Therefore that they might do nothing without wickedness , but proceed in all their Actions contrary almost to the very colour of Justice , and make themselves the greatest , and most illegal Tyrants that ever the world heard of , they made themselves both Judges , Jury , Witness , Party , and Accuser , in their own quarrel against the King : For whereas by the Laws of the Land , our gracious King alwayes made the Judges of the Land , Arbitrators between his Subjects and himself in all cases , from the lowest offence , and trespass , to the highest offence , Crimen laesae Majestatis , High Treason ; This Amalekite the House of Commons , made part of themselves the Judges of the King , who had committed the greatest Treason against the King , and by the Laws of the Land deserved rather to hang at Tyburn , than sit in the Chair of Justice ; likewise they made the Souldiers his Judges , who professed themselves to be the Kings inveterate Enemies , by their Remonstrances , and Speeches , and that they desired nothing more than his Blood and Life , fought against him with their Guns and Swords . Yet forsooth of this Hotchpotch of Traytors , was their high Court of Justice made up ; Most of them being Collonels of the Army , and other Souldiers who fought against him abroad , and others Parliament men , who conspired his ruine at home . By the Laws of the Land , it is a just exception to any Jury man , who is to try the basest or poorest Felon , and a legal challenge for which he must be withdrawn , That he is a professed Enemy , and Prosecutor , who seeks his life , and therefore no lawful nor indifferent tryer of him for it ; yet these bloody Butchers , who professed themselves to be the Kings greatest Enemies , and Prosecutors , seeking after nothing so eagerly as the Kings life , were both the Judges and Jury-men too , to try the King : Perjured O. Cromwell ( who then intended , and afterwards effected to have the supreme power over these three Kingdoms , ) was one of the Tryers , to judge whether the King , or himself with the rest of his brethren in iniquity deserved death , and whether the King and his Royal Progeny ought not to be distroyed , and Oliver and his stinking stock take possession ; O unparraleld lump of impiousness ! Aliquis non debet esse Judex in propria causà , It is a Maxim in Law , that no man ought to be Judge in his own cause ; Yet these villains made themselves the only Judge whether they committed Treason against the King , or the King against them : Nemo tenetur prodere seipsum , No man is bound to accuse himself , and it would have been a wonder indeed , if these Rebels should have spoke the truth , and said that they had committed high Treason against the King ; Therefore for fear the Law should punish them according to their deserts , they thought good to prevent that mischief , & punish the King as they pleased according to their lusts : And that they might make themselves the greatest Tyrants , and the people the basest Slaves in the world , they took upon them the Governing power , which by Law only belongeth to the King. 2. The Legislative power , which likewise belongeth to the King with the concurrence of the upper and Lower House . And 3. The Judicative power , which belongeth to the Judges , who are known Expositors , and Dispencers of Law and Justice in all Causes brought before them ; So that these Trayterous Tyrants by their boundless and arbitrary wills , put us to death when they please , for what cause they please , and take away our Estates when they see occasion ; And yet they have the impudence to tell us , and many the sottishness to believe , that the Parliament having the Supreme power , doth all these villanies by Law ; O Abominable ! How these Tyrants mock the people with the name of a Parliament ; the Parliament consisteth of the King the head , and about 600 of his Subjects , and there were not above 50 or 60 of the Parliament who caused the King to be murthered , and ruined his people , yet these Schismaticks call themselves a Parliament , and so having nothing good but their name , Tyrannize over us . They may as well say that the parings of the nailes of the toes are the whole man and have the power of all the other members , as say that they are the Parliament , or have any lawfull power , they being nothing but the dregs and lees of the inferiour House , from whom we must never expect any thing pleasing to any honest mans palate ; If the Parliament had power to depose the King , yet what power can these few Gaol-Birds have , who are scarce the tenth part of the Parliament , and no Representatives of the People , but only of their own Devilish ambitions ? By what authority do these Ignes fatui abolish Kingship , and the House of Lords as dangedangerous and useless , which all our Ancestors have found most profitable , and glorious for our Kingdom ? These Currs have several times been kicked out of the House , by the martial violence of the Souldiers , their Masters , whose Journy-Men they are , yet no sooner do they find the door open , but in they slip again , like Dogs into the Buttery , where they sit and eat the fat of the Land , and the fruits of our labours , for which they now and then shite us an Act of Parliament , whereby they destroy our fundamental Laws , and Liberties , and invent new high Treasons against them , ( such as our Law-Books nor Statutes never told us of , ) by which they maintain themselves in their Robbery , and the people in their Slavery . As for the oath of Supremary , Vows , Protestations , and Covenants , which they made in the presence of God , with hands lift up to heaven for vengeance if they did not perform them , and all other oathes of Homage , Fealty , and Allegiance , which the People took to be true and faithfull to the King , These they discharge themselves , and the People of , by an Act of Parliament , as if these Caterpillers could discharge debts due to the Almighty ; But to make God amends , they passed another Act , that the People should swear to be true and faithfull unto them . To go about to number their villanies , deceits , treacheries , perjuries , and other their wicked Actions , were to go about to number the sands of the Sea , or the fraudulent devices of Belzebub their Master , they being the Genus generalissimum of all Treason , Rebellion , Murther , Blasphemy , Hypocrisie , Lying , Swearing and For-swearing , abounding in W●oredom , Drunkenness , Leachery , Treachery , Covetousnesse , Pride Ambition , and all other detestable vices . They are a pack of rotten , putrefied Members , glued together in the stinking body of sin : And if I should give you a Character of each Simple wherewith this Compound is contracted , it would fright you out of your wits ; for I speak really , I think they are the very Quintessence of all the Devils in Hell. And although this beast cannot well agree , which horn or legge shall go foremost , they being somwhat troubled in dividing the spoil , and their usurped authorities , which is caused by their pride and covetousness , and although they differ in Ceremonies , and Ci●cumstances , yet they make it one of their Fudamentals upon which themselves and all their proceedings are builded , to murther Charles the second ▪ as they did Charles the first , when they can lay their unhallowed Claws upon him ; and although they hate , and bark , and snarle at one another like dogs , yet in the great work of their Salvation , like Pilate and Herod , they all agree to be Traytor , and Rebels against their King. And so long as these Mastives Lord it over us , we must never expect peace , but alwayes live like dogs , fighting , and biting for what we have . We must ( with them ) account vice vertue , and vertue vice : we must hold their words more canonical than Gods word , and say that is law , which they say is law , though it be neither law , truth , nor reason . Unlawfull wars set them up , and we shall alwayes have wars , and rumours of wars amongst us , untill they are pulled down . To be short , we must resolve to forsake God , and serve the Devil , if we intend to keep any thing safe , so long as this Phalaris , the Tail of the House of Commons domineereth over us ; For the Children of this world being in their Generation wiser than the Children of Light , Luke 16.8 . These Worldlings are so wise and subtil to do mischief , that when they commit the most deadly sin , They make it passe to the world , as the best service done to God ; and when they themselves make plots to murther honest Royalists , then they get some of their hirelings to discover it , and swear that the Royalists invented the plot against them ; and presently ( forsooth ) they vote and command , that their three Kingdomes give God thanks for their great deliverance ; ascribing that which was done by their own providence , to the Providence of the Almighty . Nay , they have their Lillies , and other lying Astrologers , whom they consult with , before they commit any great wickednesse , and make them publish to the world , that the Heavens ruled , and voted what these Beagles please to perform . It is as natural for their Judges to judge unjustly , if it be for the profit , or pleasure of their Masters at Westminster , as it is for them to live : For how many innocent Gentlemen have they condemned to death , for doing their duty in defending the King from unjust violence ? which we are all bound to do by the law of God , Nature , and of the Realm . They have their Balaam Prophets and Priests too , almost in every parish , and pulpit , which they make the Organs to sound forth their own praises ; so that the ignorant country multitudes , who scarce know that there is a God , but that they heard their Minister tell them so , thinking that he doth God the best service and credit , who hath the finest ribbond on his hat , or that weareth the best cloaths on his back at Church : these Momusses believe that the Saints at Westminster , are the only supreme power on Earth ; and that no men in the world , ( for some of them think that the sea side is the end of the world ) are to be compared to them , either for wisdome , learning or honesty : and the only reason of their thoughts is , Ipse dixit , their Minister said so but last Sunday . And this was the chiefest reason , wherefore the countrey Peasants flocked in so fast , to the Armies of those Neroes at Westminster , raised against the King ; who alwayes made the ignorance of the people , their greatest Champion . And lest we should see the superiority of the King , above , and over the Knaves , and other Cards , they abolish , and prohibit Card-playing , as a great sin in their Commonwealth . Why did they not give the superiority to the Knaves ? How these godly Villains stumble at strawes , and leap over blocks ! They prohibit innocent recreations on the Sabbath day , purposely because they would have the people esteem them zealous in Religion , and stricter observers of Gods Commandments , than the King. But in truth , they serv'd God , only to serve themselves ; In nomine Domini , incipit omne malum ; acting all their wickednesse in the name of the Lord. For when they have got a good name amongst the people , they think under that shadow , to act any wickednesse , and yet to the world seem saints ; Murther their King too , and yet be accounted good Christians ; nay , Reformers of the Christian Religion . O Religious Impostors ! To these Quacksalvers belongeth two Speakers , alias dictos , Lyars , viz. the private Speaker Lenthall , ( now called by the common souldiers , the Father of their Country : Can you blame the little Thieves , if they applaud the great Thief ? ) and the publick Speaker Needham ; the one rough hammereth lyes , at the forge , the House of Commons ; the other fashioneth them in his Mercurius Politicus . Thus they fill our eares with as many lies , as their breasts be : yet forsooth none must dare not to believe what they publish by authority . Now the Presbyterian Judasses , when they saw that the King was condemned , repented themselves , saying , We have sinned , in that we have betrayed Innocent blood ; and were all of them ready to hang themselves . But it was not out of any love , or allegiance they did bear to the King , but because they could not have those ends upon the King , which they intended . They would have had the King buckled to their bent , and it grieved them to see the Independents , &c. out-knave them : fo● the greatest part of the religion of these factions , consists in their animosities one against the other ; not only the Presbyterians , but also the Independents , Anabaptists , &c. are both almost , and altogether such as the proud Pharisees were . Therefore their greatest care and study is , to domineer , and master it one over the other ; which makes the prevalent faction alwayes outragious , and that which sinketh , alwayes envious . So that the Presbyterian being at this time undermost , he would fain insinuate himself into the favour of the honest Royalist : and because he hath not force to be so much Knave as he would be , therefore he is compelled to be honest against his will , and would have his injured King to rule over him again . But get thee behind me , Dagon , what hast thou to do with peace ? Didst thou not in thy youthfull age revile thy Innocent King with thy mouth , and persecute him with thy bloudy hand , and wouldst thou now in thy old age serve him ? Thy service is Hypocrisie , and thy words but the vapours of a deceitfull head : Let the Presbyterians rigid actions , judge the rigid Presbyterians . Having related of what persons the Parliament doth consist , viz. of the King above all , and the three Estates , sharing no more with the King in the Soveraignity , than the body doth with the head , and how King Charles the first , was most traiterously murthered by those who have the impudence to call themselves a Parliament , though in truth they are nothing else but a den of Tyrannical Traytors and Rebels ; I will further proceed to explicate the Soveraignity of the King , and the legal power of the three Estates , with their first institution and creation . Sapiens omnia agit cum consilio , saith Solomon , a wise man doth nothing without counsel , Pro. 13.16 . Therefore the King of England Ex mero motu et speciali gratia , out of his meer good-will and special favour , hath vouchsafed his Subjects that honour as to make them his Counsellours , not only concerning Ardua Regni , but also arcana imperii , even in his most privie affairs , wherefore As my Lord Cook observeth , the King is armed with diverse Councills , one whereof is called Commune Concilium , and that is the Court of Parliament , and another is called Magnum Concilium , this is somtimes applyed to the upper House of Parliament , and somtimes out of Parliament time to the Peers of the Realm , Lords of Parliament , who are called Magnum Concilium Regis , Thirdly , ( as every man knoweth ) the King hath a privie Council for matters of State , The fourth Council of the King are his Judg●s of the Law , for Law matters , as appeareth in our Law-Books . This word Parliament was never used in England unti●l the time of William the Conquerour , who first brought it in with him . For as King David called a Parliament when he intended to build an house for the name of the Lord , 1 Chro. 28. and assembled all the Princes of Israel , the Princes of the Tribes , and the Captains of the Companies that ministred unto the King by course , and the Captains over the thousands , and Captaines over the hundreds , and the Stewards over all the substance and possession of the King , and of his Sons , with the Officers , and with the mighty men , and with all the valiant men unto Jerusalem , And when they were assembled the King himself shewed the cause of calling that Parliament , for then David the King stood up upon his feet , and said , Hear me my Brethren , and my People , as for me , I had in my heart to build and House of rest for the Ark of the Covenant of the Lord , and for the footstool of our God , and had made ready for the building &c. Whereupon all the people offered their Gold and Silver willingly towards the work , which made the People and David their King rejoice exceedingly with great joy , as you may there read : So the Kings of England from the beginning , in all extraordinary cases , when they intended to make new Laws , or abolish old , have always convoked an assembly of their Subjects , what persons , and of what number they thought fit ; Not because they could not do what they pleased without their Subjects consent , but because their Subjects best knowing what shooes would fit their own feet , might ( as they often did ) by Petitions humbly supplicate his Majesty , to grant what they shewed him was most convenient and necessary for them by their requests , which he refused or granted at his pleasure . Which Councils and Conventions they called , Witenage Mote , Conventus sapientium , Michael Smoth , Michael Gemote , &c. that is to say , the great Court , or meeting of the King ; To which the King convened only the Nobles and Bishops : The Rustick Commons were not then admitted into the presence of the King. And doubtlesse they had then small hopes , and lesse thoughts , that they should ever take the Regal Diadem from off their Soveraigns head , and become Lords Paramount , ruling both King and People , by no other Law , than Hoc volo , sic Jubeo , stat pro ratione voluntas , by their own lusts , and unstable ( except to do mischief ) wills . But I have seen servants upon Horses , and Princes walking as Servants upon the Earth , saith Solomon ; And pray who hath not seen as much as Solomon of this ? For behold Tinkers , Taylors , Spicket and Fosset makers , and those who were Servants even to the basest of the people , having murthered their Soveraign Lord the King , doe take possession of his sacred Patrinomy , and now sit Lords over all , ruling and domineering in his Palace at Westminster . Feign that the people did intrust the King with his Royal Office , yet why should it escheat to these Hypocrites ? why not to the people ? And if his Office with the Lands which he held Jure Coronae , yet by what Law do they seise upon those Lands , which he held in his natural Capacity , and those Lands which he purchased ? For if a man forfeit an Office , he only forfeiteth those Lands which belonged to the Office. But if all his Lands escheat , by what Law do they detain and keep the Queens Dower from her ? By what Law , did I say ? By that Law whereby they subdue all things to themselves , to wit , their own wicked Appetites , Ambition , and Covetousnesse , which is all the Law they can shew for any of their Actions , to which we must be Slaves so long as they command over us . Pro. 30.21 . For three things ( saith Solomon ) the earth is disquieted , and for four , which it cannot bear : For a Servant when he reigneth , and a Fool when he is filled with meat : For and odious woman when she is married , and an Hand-mai● that is Heir to her Mistresse : Is not our Englan● disquieted with all these ? Oh who can bear it yet these Tyrants rejoce at it , Delight is not seemly for a Fool , much lesse for a Servant to have ru● over Princes . Pro. 19.10 . Yet these Slaves tryumph over their Prince , and scoff at his Miseries And as the Jews in a deriding manner said of o● Saviour , This is Jesus King of the Jews , So thes● Jews scoffingly call their Soveraign Lord , The King of Scots , yet keep his Kingdom from him , jee●ing him out of his Estate . O Heavens ! As perpetually afterwards , so allwayes before the Conquerour , the legislative power did continue in the King , tanquam in proprio subjecto , as in the true and proper subject of that power ; and the Kings Edicts , were the only positive Laws of the Realm ; and indeed who can be a King without this power ? for what difference is there between the King , and Subject , but that the one gives the Laws , the other receiveth them ? And most clear it is by all Historians , that the Common Council of our antient Kings , were composed only of Prelates , and Peers , the Commons were not admitted to any Communication in affairs of State. Camden in his Britannia telleth us , that in the times of the Saxon Kings , and in after Ages , the Common Council of the Land , was Praesentia Regis Praelatorum , Procerumque collectorum , The presence of the King with the Prelates and Peers ; Ingulphus ( who dyed before 1109 ) saith , Rex Eldredus Convocavit Magnates , Episcopos , Proceres , & Optimates ad tractandum de publicis negotiis Regni . He did not call the Commons . So Edward the Confessor , that great Legisl●tor , made all his Laws , without the consent of the Commons . Now when the Norman Conqueror , one of the Praedecessors of Charles the Martyr came in , who had a triple title to this Kingdome , to wit , by Donation , Conquest , and by the Consent of the people : for ( as it is well known ) when Edward the Confessor lived in Normandy , he gave this Kingdom , after his decease , to William Duke of Normandy , as he was his kinsman , & near of bloud so that the Conquerour was heir of the Crown to the Confessor by adoption . Which title , if it was invalid , you must know he was a Conquerour ; and no man will deny that Conquest maketh a legal title , Jure Belli . But , suppose both those titles were ( as they were not invalid , yet by the Law of Nations , the Consent of the people maketh an inviolable title , even to an Usurper , in continuance of time , ( if they have no other lawfull King ; ) much more to a lawfull Soveraign . And his people , our Ancestors , ever since the Conquest , for the space of about six hundred yeares , have all done allegiance to , and unanimously resolved , that the Conquerour and his Successors , were our only true Kings , Liege Lords , and Soveraigns , having the supreme power over us , and never did the people claim power to depose the King , until those Monsters at Westminster , under pretence of such a power , murthered Charles the first , and against all Law , Justice and Equity , and against th● wills of the people , make themselves masters of our lives , and fortunes , and of all that we have , taking them away when they please . It would make a man cry , and it would make a man laugh , to see what fools these fellowes make of us : Royal Government by Kings , hath been used here , time out of mind , and approved by all our Ancestors , to be the best of Governments , and most natural , and profitable for us ; yet these few stinking Members at Westminster , made an Act ( March 17. 1648. contrary even to their own Oaths and Protestations ) to abolish the Kingly Government , as unnecessary ( I use their own words ) burthensome , and dangerous to the people : as if this small company , consisting of fifty , or sixty at the most , of the Scum , and tail of the people , were wiser , and knew what was better for us , than all our Ancestors , both noble and ignoble , in all ages . But what was their reason to abolish Kingship ? To make each of themselves Kings , nay Tyrannical Kings over us . So may the slave say , that the government of his Lord over him , is unnecessary , burthensome and dangerous ; and therefore he will murther his Lord , and make himself Ma●ter : changeing the name , and execute the office worse . So may High-way men take away the true owners purse , and tell him it was unnecessary for him to keep it : or by the same law , may thieves murther , and rob the Master of his house , and then vote the Master burthensome , and dangerous to his family . Yet notwithstanding , while these Tyrants destroy our fundamental Government , Lawes , Religion , Freedoms and Liberties , making of us absolute slaves & villains , only to satiate their lust and pleasure ; yet even then they stile themselves The Keepers of the Liberty of England , by Authority of Parliament . Close , and trusty keepers of our liberty , indeed , for we can come at none of it , they keep it from us , not for us : so Wolves may call themselves keepers of the Lambs which they have caught ; or by the same law , may a Cut-purse be called the keeper of the purse , and be said to have the same care of it : for they are heepers of our liberty , only to keep themselves . For by what authority was this Individuam vagum , the Keepers , erected ? By what authority ? why they will tell you by authority of Parliament . Cunning Curres ! How they take the people with this word Parliament ! when God knows , they themselves were all the Parliament by whose authority the thing called Keepers ( I know not what they be , for I never yet heard them named ) were invented . So may Adulterers vote themselves keepers of Chastity ; or so may I murther a man against his will , and then call my self keeper of his life , by his authority . For they destroyed the Parliament , when they destroyed the King ; and there hath been no Parliament since . Vide 1 H. 4. Rot. Parl. n. 1.14 . li. 4. Coke 4 Inst . p. 46. and 4 C. 4. f. 440. Therefore they most falsly call themselves a Parliament : Neither are they the Representatives of the people , ( as I shewed before ; ) but a company of Ungracious Tyrants , acting against the wills of the people . Yet , forsooth , they tell us , that the people have the supreme power , and that they act for the people , being their Representatives . Just as if I should take away all that another man hath , against his will , and then tell him , that he hath the supreme power over his goods , and that I took them away by his authority and power ; or , as if I should take away his money , without his leave , and tell him , that I am his Representative . So these Foxes cozen the people with nonsensical cheats ; and in all things , are Representatives of the Devil , not of the People : for they all well know , and some of them have declared so , that if the people might chuse their Representatives , those Representatives would restore the King to his own again , which these most unjustly keep from him . We cannot serve God and Mammon , both at one time , Good and evil cannot stand both together . If the King come in and rule , these men must fall ; If we serve the King as we ought , we cannot serve these at all ; If God re-establisheth his Anointed , Lucifer must call down his Children ; wickednesse must be abolished , when righteousnesse takes place ; therefore the Gaolers of the Liberty of England must down , when Charles the Second , our only lawfull Soveraign , is restored to his Crown , and Kingdome . Which they very well know , therefore they would fain keep as long as they can , their Empire , which cost them their Souls , and Reputation . But let us return to our King. When the Conquerour came in He got by right of Conquest all the Land of the Realm into his own hands , the whole Kingdom was his direct and proper inheritance in demeasn , so that no man can at this day make any greater title than from the Conquest to any Lands in England , for the King being owner and sole Lord of the whole Land and the People therein , did ( as he lawfully might ) dispose of the Land , and people , according to his will and pleasure ; he gave out of his hands what Lands he pleased , to what persons he pleased , and reserved what tenures and services he pleased . So that in the Law of England we have not properly Allodium , that is , any Subjects Land that is not holden . We all hold our Lands mediately or immediately of the Crown , neither have we any right to our Lands any longer than we are faithfull , and loyal to the King , who first gave us them upon that condition ; for by the Laws of the Realm , if we take up arms against the King , imagine his death , or commit any other offence , which is high Treason , we forfeit our estates to the King , so that they return from whence they were first derived ; the greatest and highest title or property which a Subject hath to his Lands , is Quod talisseisitus fuit in dominico ; suo ut de feodo . Now though this word Feodum doth ( as Littleton teacheth ) legally signify inheritance , and so Feodum Simplex , signifieth a lawfull or pure inheritance , yet it is apparently manifest , that Feodum is a derived right , and doth import with it a trust to be performed , which trust broken forfeiteth the Estate to the King , who only hath ( as Camden observeth ) Directum imperium , cujus nullus est Author nisi Deus . For all the Lands within this Realm , were originally derived from the Crown , and therefore the King is Soveraign Lord , or Lord Paramount , either mediate or immediate , of all and every parcel of Land within the Realm , 18 E. 3.35.44 E. 3.5 . 48 E , 3.9.8 H. 7.12 . Therefore though in other places he which findeth a piece of Land , that no other possesseth , or hath title unto , & entreth into it , gaineth a property by his entry ; yet in England property to Land cannot be gained any such way , for the Subject can have no property , but what was first by the Kings grant ; therefore those Lands are still appropriated to the Crown , which the King did not give away to his Subjects ; as if Land be left by the Sea , this Land belongeth to the King , and not to him that hath the Lands next adjoyning , or to any other but the King. Caelum Caeli Domino , terram autem dedit filiis hominum , All the whole Heavens are the Lords , the Earth hath he given to the Children of men , for which he only reserved their service , as an acknowledgement of his bounteous liberality : so the whole Kingdom is the Kings , but the Land therein he hath given to his Children the people , for which he only reserved their allegiance and service , as a remembrance , and recognition , of his Royal bounty ; in which reservation , the King ( as my Lord Bacon writeth ) had four institutions , exceeding politick and suitable to the State of a Conquerour . First , Seeing his people to be part Normans , and part Saxons , the Normans he brought with him , the Saxons he found here , he bent himself to conjoyn them by Mariages in Amity , and for that purpose ordains , that if those of his Nobles , Knights , and Gentlemen , to whom he gave great rewards of lands , should dye , leaving their Heir within Age , a Male within 21 , and a Female within 14 years , and unmaryed , then the King should have the bestowing of such Heirs in Mariage , in such a Family , and to such persons as he should think meet , which interest of Mariage , went still imployed , and doth at this day in every Tenure called Knights service . The Second was , to the end that his people should be still conserved in Warlik exercises , and able for his defence , when therefore he gave any good portion of Lands that might make the party of Abilities , or strength , he withall reserved this service , That that party and his Heirs , having such lands , should keep a Horse of service continually , and serve upon him himself , when the King went to Warrs , or else having impediment to excuse his own person , should find another to serve in his place , which service , of Horse , and Man , is a part of that Tenure called Knights service at this day . But if the Tenant himself be an Infant , the King is to hold this land himself , untill he come to full Age , finding him Meat , Drink , Apparel , and other necessaries ; and finding a Horse and a Man with the overplus , to serve in the Warrs , as the Tenant himself should do if he were at full Age. But if this Inheritance descend upon a Woman that cannot serve by her Sex , then the King is not to have the Lands , she being 14. years of Age , because she is then able to have an Husband that may do the service in person . The Third institution , that upon every gift of Land , the King reserved a Vow , and an Oath , to bind the party to his Faith , and Loyalty ; that Vow was called Homage ; the Oath , of Fealty ; Homage is to be done kneeling , holding his hands between the knees of the Lord , saying in the French tongue , I become your Man of Life and Limb , and of earthly honour . Fealty is to take an Oath upon a Book , that he will be a faithful Tenant to the King , and do his service , and pay his Rents according to his Tenure . The Fourth institution was , that for Recognizance of the Kings bounty , by every Heir succeeding his Ancestor in those Knight service lands , the King should have Pr●mer seisin of the lands , which is one years profit of the lands , and untill this be paid , the King is to have possession of the land , and then to restore it to the Heir , which continueth at this day in use , and is the very cause of suing livery , and that as well where the Heir hath been in ward , as otherwise . Many other Tenures with services did the Conquerour institute , as Grand Serjeanty , Petit Serjeanty , Tenure in Burgage , Soccage , Escuage &c. which being holden of the King , are called Tenures in capite , which is as much to say , as Tenures de persona Regis , because the head is the principal part of the body , and the King is the head of the body of the Commonwealth ; Which Tenures brought many profits , and commodities to the Crown ( which would be too tedious here to particularize ) and are a clear testimony of the Kings Soveraignty . For no man can alien those lands which he holdeth in Capite , without the Kings Licence , if they doe , the King is to have a fine for the contempt , and may seise the land , and retain it untill the fine be paid . By example , and in imitation of the King ( For Regis ad exemplum totus componitur orbis ) Did the Nobles , and Gentry , of this Nation ( to whom the King had given large portions of land ) grant out parcells of their land to their Servants , and under-Tenants , reserving such services ; and appointing such like Tenures , as the King did to them , as Homage , Fealty , &c. whereof you may read plentifully in Littletons Tenures ; But their Tenants in doing Homage and Fealty to them , did alwayes except the Faith which they did owe unto the King ; As in their making Homage appeareth , viz. I become your man from this day forward of Life and Limb , and of earthly worship , and unto you shall be true , and faithful , and bear you faith for the Tenements I claim to hold of you ( saving the Faith that I owe unto our Soveraign Lord the King ) Though they Swore to become the men of , and be true and faithfull to , their Lords , yet not so , but that they still were the men of , and ever would be true and faithful to , the King their Soveraign , who was Lord over their Lords , and over the whole Realm , Omnis homo debet fidem Domino suo , de vita & membris suis , & terreno honore , & observatione consilii sui , per honestum , & utile , salva fide Deo , & Terrae Principi , Lib. Rub. cap. 55. We can oblige our selves to no men so deeply , as to take away our allegiance and fidelity towards the King ; We must be for God and the King in all things , all our actings , and undertakings , should tend to their Glory , which would prove our greatest good and comfort ; Homagium Ligeum is only due unto the King ; the Law prohibiteth us to do Homage to any , without making mention of this Homage due unto the Lord our King ; therefore we must not be opposite to , or armed against him , but both our lives and members must be ready for his defence , because he is Soveraign Lord over all . Co. Lit. 65. As the Conquerour did make all his Subjects Feudaries to him , so likewise did he change our Lawes and Customes at his pleasure , and brought in his own Country fashions , which is the Common use of Conquerours . He caused all Lawes to be written in his language , and made what Lawes he thought meet , Quod Principi placuerit , legis habet vigorem , whatsoever the King willed , was the only law ; His fiat , was as binding , as an Act of Parliament ; and what he voted , no man , no not the whole Kingdome , had power to dispute . There was no question then made , but that the King ought to have the Militia , neither did any one think of , much lesse , deny him a Negative voice . The Commons then thought it an high honour , to look upon the Kings Majesty a farre off ; To sit , and rule their families at home , was all the Jurisdiction which they had , or claimed ; They had not power to condemn one of their servants to death , much lesse their Soveraign Lord the King , from whom they then , and we now , have our being . The King had not then made them so much as the Lower House , nor ever did admit them to his Counsel ; The Lords , their Masters , were only deemed wor●hy of this dignity ; for why ? Tractent fabril●a fabri , Let the Shepheard keep his sheep , and the Hogheard keep his hogs , and not meddle with the tuning of musical Instruments . Though the Plow-man can drive , and guide his horses well , yet he would make an ill Pilot to steer a ship ; The Blacksmith may have skill to make a horse-shooe , but he would rather marre , than make a watch ; The Commons may make good Subjects , but experience teacheth us , they will rather destroy both King , and Kingdome , than reform , or rectifie either . Therefore the Kings of England did never admit the Commoners into their Counsels , much lesse , intrust them with the Legislative po●er . For it is a Meridian truth , that as before , so from the Conquest , until a great part of the Reign of Henry the third , ( in whose dayes ( as some hold ) the writ for election of Knights was first framed ) the Barons and Prel●tes only made the Parliament , or Common Council of the Realm , whom the King convoked by his Royal Summons , when he pleased . Neither did the Council so convened , consist of any certain number , but of what number , and of what persons the King vouchsafed . Nay clear it is , by the Lawes made in the Reign of Edward the first , ( which was above two hundred yeares after the conquest ) that there was no certain persons , or formed body , whose consent was requisite to joyn with the King in making an act of Parliament ; but when the King conceived it fit to make a Law , he called such persons as he thought most proper to be consulted with . Indeed , at the Coronation of Henry the first , all the People of England were called by the King , and Laws were then made , but it was per Commune Concilium Baronum . And that King and his Successours , did not usually call the Commons , but made Laws with the advice of which of their Subjects they pleased ; and as Sir Walter Rawleigh and others write , the Commons with their Magna Charta , had but bastard births , being begotten by Usurpers , and fostered by Rebellion , for King Henry the first did but usurp the Kingdom ; and therefore to secure himself the better against Robert his eldest brother , he Courted the Commons , and granted them that Great Charter , with Charta de foresta , which King John confirmed upon the same grounds , for he was also an Usurper , Arthur Duke of Brittain being the undoubted heir of the Crown , so the House of Commons and these Great Charters had their original from such that were Kings de facto , not de jure . But it maters not which of the Kings first instituted the House of Commons , certain it is , that long after the Conquerour , its name was not so much as heard of in England , but ( as it is apparent ) one of his Successours did form them , and grant , not to make Laws without their consent , and by a Statute made 7 H. 4. the Writ of Summons now used was formed , and by an other Act made 1 H. 5. direction is given who shall be chosen , that is to say , For Knights of the Shires , Persons resiant in the County , and for Cities and Boroughs , Citizens and Burgesses dwelling there , and Free-men of the same Cities , and Boroughs , and no other . So that now by the Kings gracious Concessions , each Member of the house of Commons ought to be respectively elected , out of the Shires , or Counties , Cities , or Boroughs , by the Kings Writ , ex debito Justitiae . Now would it not strike a man with admiration , and make his hair stand an end , to hear , that the House of Commons should claim the Legislative power , and protest to the world , that they were greater in authority and Majesty than the King , who raised them from nothing ? surely 't is but a dream , which troubled the head a while , with strange Chimaeras , and then vanish'd ; it is but a Phantasm , which fanatick distempers raised in lunatick brains , and so perish'd ; after ages will account it but an Ovids Metamorphosis , or as a Fable , told more , for mirth , and novelty , than for any truth or reality ; for why ? are the pots greater than the Potter ? or doth he who ought for to obey , give Laws to him whose right it is to command ? The King sayeth to the House of Commons , come , and they come , and he sayeth to them go , and they go , whatsoever the King commands , that they cannot chuse by Law but do ; Nay the Lords their Masters , are but the Kings Servants , the King is the head , and they are but the servile Members ; it is the property of the Head , not of the Members to command ; the inferiour Members are all at the will and nod of the Head , the feet run , the hands work , and the whole body moveth at the pleasure of the head , but without the head the whole body is but a dead trunck , and neither hands nor feet have power to move : so the Members of the Parliament without the King their head , have not power to sit , much less to Act : there is no body without a head , nor no Parliament without a King , they cannot move , nor convene together , without his Royal Summons , neither can they dissolve themselves , being convened , without his command , the King assembles , adjourns , prorogues and dissolves the Parliament by Law at his pleasure , and therfore it is called in our Statutes and Law-bookes , Parliamentum Regis , Curia Regis , et Concilium Regis , and the Acts of Parliament are called the Kings Laws ; and why not the Kings Laws ? doth not he make them ? The whole body and volumes of the Statutes proclaim the King the sole Legislator . What is Magna Charta but the Kings will , and gift ? The very beginning of it will tell you 't is no more , viz. Henry by the grace of God , &c. Know ye that we of our meer and free will , have given these Liberties : In the self same style runs Charta de foresta . In the Statute of escheates made at Lincoln , 29 Edw. 1. are these words , At the Parliament of our Soveraign Lord the King , by his Council it was agreed , and also commanded by the King himself , That &c. The Statute of Marlebridg 52 H. 3. runs thus . The King hath made these Acts , Ordinances , and Statutes , which he willeth to be observtd of all his Subjects high and low . 3. Edwardi primi , The title of the Statute is , These are the Acts of King Edward , and afterwards it followeth , The King hath ordained these Acts , And the first Chapter begins , The King forbiddeth and commandeth , That &c. 6. Edw. 1 It is said , Our Soveraign Lord the King hath established the Acts , commanding they be observed within this Realm . And in the 14 Chap. the words are , The King of his special grace granteth , That &c. The Statute of Quo Warranto , saith , Our Lord the King at his Parliament , of his special Grace , and for affection which he beareth to his Prelats , Earls , and Barons , and others , hath granted , that they who have liberties by prescription shall enjoy them . 1. Ed. 3. To the honour of God , and of holy Church , and to the redresse of the oppression of the people , our Soveraign Lord the King &c. At the request of the Commonalty of his Realm by their Petition made before him and his Counsel in the Parliament , by the assent of the Prelats , Earls , Barons , and other great men assembled in the said Parliament , hath granted for him and his heirs &c. But wherfore evidences to prove that which no man can deny ? The styles of the Statutes and Acts printed to the 1 H. 7 are either , The King willeth , the King commandeth , the King provideth , the King grants , the King ordains at his Parliament , or the King ordaineth by the advice of his Prelats , and Barons , and at the humble Petition of the Commons &c. But in Henry 7 his time the style altered , and hath sithence continued thus : It is ordained by the Kings Majesty , and the Lords spiritual , and temporal , and the Commons in this present Parliament assembled ; And why do the Lords and Commons ordain ? Is it not only because the King doth ? It is so , they do , because the King doth , which only denotateth their assent , for the Kings Majesty giveth life to all , as the Soul to the Body ; for did ever the Lords or Commons make an Act without the King ? Never ; they cannot ; the Lords advise , the Commons consent , but the King makes the Law , their Bills are but inanimate scriblings , untill the King breaths into their nostrils the breath of life , and so that which was but mould before , becometh a Law which ruleth living Souls , and as Sr. Edward Coke observeth , In antient times all Acts of Parliament were in form of Petitions , which the King answered at his pleasure ; now if it be the duty of the Parliament to Petition , and in the power of the King to receive or reject their Petitions at his will , judg you who hath the supreme power . Neither doth the King only make the Laws , but he executeth them too , for all executions ( which are the life of the Law ) receive their force and vigour from the King. Car la ley , le roy , et les briefes le Roy Sont les choses per que home est Protect et ayde , saith our Father Littleton , Sect. 199. There be three things whereby every Subject is protected , Rex , Lex , & rescripta Regis , The King commandeth , his commands are our Laws , and those Laws are executed only by the Kings Writs and Precepts ; and although the King Moses-like deputeth subaltern Judges , to ease himself of some part of the burthen of administring Justice , yet what they Judge , are the Kings Judgments ; the Law is the rule , but it is mute , the King judgeth by his Judges , and they judging are the Kings speaking Law ; The Judges are Lex loquens the Kings mouth , the Commons are his eys , and the Lords his ears , but the Kings head is Viva Lex , the fountain of Justice , to whom God hath given his Judgments , and we have none but what the King Gods Vicar giveth to us ; and why not the Kings judgments ? Quod quisque facit per alterum facit per se , The Kings Patent makes the Judges , the power of pardoning offences only belongeth to the King : He may grant conusance of all pleas at his pleasure within any County or Precinct , to be holden there only , and remove the Courts at Westminster to what place he pleaseth , and adjourn the Terms as he sees cause , this is book-Law , 6. H. 7.9.6 Eli. Dier 226. But I pray what Law set up the new slaughter-house in England , viz. the high Court of Justice ? Doubtlesse it was not the Kings Law , and if not his Law , it was no Law , for England never heard of any other but the Kings Laws . You have already heard that the King was before Parliaments , that the King first instituted Parliaments , not Parliaments the King , that the House of Commons is but as it were of yesterday , and that both Houses are nothing else but what the King made them ; Let us now see what the King did make them , & with what power this Idol the House of Commons is invested , & since they have nothing else to shew for what they are , than the Kings Writ , that being their Basis , and only legal authority , Take a view of the Writ . The King to the Vicount or Sheriff Greeting . WHereas by the advice and assent of our Counsell , for certain arduous and urgent affairs concerning us , the State , and defence of our Kingdom of England , and the Anglican Church , We have ordained a certain Parliament of ours to be held at our City , _____ the _____ day of _____ next ensuing , and there to have conference , and to treat with the Prelats , Great-Men , and Peers of our said Kingdom ; We command , and strictly enjoyn you , that making Proclamation at the next County Court , after the receit of this our Writ , to be holden the day and place aforesaid ▪ you cause two Knights girt with Swords , the most fit and discreet of the County aforesaid , and of every City of that County two Citizens , of every Borough two Burgesses , of the discreeter , and most sufficient , to be freely and indifferently chosen by them , who shall be present at such Proclamation , according to the Tenor of the Statute in that case made and provided , and the names of the said Knights , Cittizens , and Burgesses , so chosen , to be inserted in certain Indentures , to be then made between you and those that shall be present at such Election , whether the parties so elected be present or absent , and shall mak● them to come at the said day , and place , so that the said Knights for themselves , and for the County aforesaid , and the Citizens , and the Burgesses , for themselves , and the Cominalty of the said Cities , and Burroughs , may have severally from them full and sufficient power , to do and to consent to those things , which then by the favour of God shall there happen to be ordained by the Common Counsel of our said Kingdom concerning the businesse aforesaid ; So that the businesse may not by any means remain undone for want of such power , or by reason of the improvident election of the aforesaid Knights , Citizens , and Burgesses ; But we will not in any case , that you or any other Sheriff of our said Kingdome shall be e●ected : And at the day and place aforesaid , the said Election , being made in a full County Court , you shall certifie without delay to us in our Chancery under your Seal , and the Seals of them which shall be present at that Election , sending back unto us the other part of the Indenture aforesaid , affiled to these presents , together with the Writ . Witnesse our self at Westminster . This Writ is the foundation of the Parliament , upon which the whole fabrick of their power and proceedings is grounded . It is that which setteth up a Parliament Man , and is the only Commission which distinguisheth him from another man ; for without that , every man in the Kingdom hath equal right and authority to sit and vote in Parliament : Now by Law , no man ought to exceed his Commission ; Therefore if the Lords or Commons act beyond the bounds of their power limited in this Writ , ( their only Commission ) they are transgressors , and incur the punishment of Malefactors . The Writ telleth you , that both Houses are but as it were the production of the Privy Council , for though the King ordaineth the Parliament , yet it is , by the advice , and assent of his Council : why then may not the Kings privy Council ( being prius tempore ) lay claim to the Soveraignty , as well as his Common Council ? surely both have like right . The Lords are only enabled by their call , t● Conferr and Treat , and that not without , but with the King. It is their Counsel to advise , not their power to authorize , which the King requireth ; For why ? had not the King ordained a certain Parliament to be , and there to ●ave Conference , and to treat with them , they ●ad not come , to give him Counsel ; and as they ●annot come but when the King commands them , ●o neither can they chuse but come when the King ●oth command , except the King excuse them . ●nd being come they are but ( as Judge Jenkins●ith ●ith ) Consiliarii , non Praeceptores , Counsellors , ●or Commanders , for to Counsel , is not to Com●and ; They are only to advise , not to controul , ●r compel the King. The Parliament is ordained ●y the ●ing ( as appeareth by the Writ ) only for ●ertain arduous , and urgent affairs , 1. Touching ●he King. 2. The State of the Kingdom . ● . The defence of the Kingdom . 4. The ●tate of the Church . And 5. The ●efence of the same Church . Though it ●e arduous , yet not urgent occasion , to destroy ●ingship . To condemn the King to death , and ●unishment , is not touching the King but a Male●ctor . To kill the King , is to destroy the kingdom , ●ot to defend it , and his death , is the death of ●e Church and Religion . O how have the Long ●arliament swarved from the true ends for ●hich Parliaments were ordained ! Indeed the Lords ( not as the upper House of ●arliament , but as a distinct Court of the Kings Ba●ns ) have power to reform erroneous judge●ents given in the Kings Bench ; But there is first Petition of Right made to the King , and his an●wer to it , viz. Fiat Justitia . The Court of Parliament is only the House of Lords where the King sitteth , and they are his common-Counsel , it belongs to them to receive all Petitions , to advise his Majesty with their Counsel , and to consent to what Laws the King shall make by their advice . Not to speak of the qualities of the persons of the House of Commons , being most of them ( to wit Citizens and Burgesses ) Tradesmen , brought up in their Shops , not in any University , or Academy of Law and Learning , and as fit to Govern and make Laws , God wot , as Cows are to dance ; The rest of them being Knights of Shires , chosen commonly rather for their Mony than their Wit , having greater wealth than head-pieces . I pass from their education to the authority which the King vouchsafed to bestow upon them , which is only what is contained in the Writ , viz. facere & consentire , to do & consent , but to what ? Not unto such things which they shall ordain , but unto such things which are ordained by the King and his Common-Counsell , they are but only Ministerial Servants , and by the Writ it is clear that they are no part of the great Counsel of the Kingdom , they are but the grand Inquest , and general Inquisitors of the Realm , to find out the grievances of the people , and Petition to the King for redress , the Burgesses , and Citizens to present the defects in their Trade , and the Knights of the Shires , the burthens and Sores of their Counties , they ought not , nor are not admitted into the House before they have sworn , that the Kings Majesty is the only and supreme Governour over all persons in all causes . This oath did every Member of the long Parliament take , before they set foot into the House of Charls the Martyr , whom they afterwards murthered , and took possession themselves of all that he or his royal progeny , had or should have ; let the world judge how faithfully these Keepers kept their Oathes , and Covenants . Now forsooth none must come into the House but those who first swear , that the King ( who is ) is not , but that they ( who are not ) are the only supreme Governours over all persons in all causes . And will these oaths be kept ? 'T is perjury to keep them . Thus they joyn hand in hand , and oath to oath , but it is but to do wickedness , for like King Davids Rebels , they make a Covenant against their King , and would murther him , as they did his Father , if they could catch him : but nulla pax malis , the wicked cannot hold together long , though they unite their forces into one intire body , yet it is but like Samsons Foxes , by the tailes , only to set the world on fire . When the Commons have taken the oath of Supremacy , and met together in a body collective , in the house , they have not so much power as a Steward in his Leet , or a Sheriff in his Tourn , for they cannot minister an oath , imprison any body but themselves , nor try any offence whatsoever , ( much less try their King , and assume the Legislative power ; ) At a conference the Commons are always uncovered , and stand when the Lords sit , ( surely these are no marks of Soveraignity ) They indeed chuse their Speaker , but after their choice the King may refuse him at his pleasure , and make them chuse another , and Lenthal himself ( as all other Speakers do ) did , when he was presented to the King , disable himself as a person unworthy to speak before the King ; yet now he is styled the Father of our Country . ( How the world is turned up-side down ! ) These Parliamentiers heretofore were wont to be arrested by any common Person , and lyable to all Sutes , and punishments , as other men , untill the King graciously passed an Act for their indemnity , 4 H. 8. ea . 8. So that they are nothing but what the King made them , nor have nothing but by his grant ; and all that the King did make them , appeareth by the Writ , which is to do and consent to such things as the King with his Common-Counsell should ordain . Then stay Reader , and behold , stand still , with thy head and hands lift up to the heavens , and admire , with what impudence , and oppression , tyranny , and usurpation , the long Parliamentiers are fraught with , who never had any other legal power than by the Kings Writ , and have lost that by the Kings death ; yet tyrannize over three kingdoms , calling themselves the Representatives of the whole Kingdom , and that they were intrusted by the People , with the Supreme and Legislative power , which God and all the world knoweth is as false as the Almighty is true . For first they do not represent the King the head , nor the Peers who are the higher and nobler part of the kingdom , therefore they are not the Representatives of the whole kingdom , neither were they ever entrusted by the People with the Supreme and Legislative power , Nay , the people did never confer any power on them at all , for by their Election the people did but design the person , all the power the Commons have , proceeded from the King , which is contained in the Writ , by which they were called . As Free-holders worth forty shillings a year , and free-men of Cities , and Borroughs , would make very unfit Electors of Supreme Magistrates , so never did they , they cannot make any Election of their Commons , untill the King commandeth , and giveth them power , they have no power so to do of their own , much less to authorize supreme Legislators . The King giveth liberty to Towns and Cities , to make choice of Burgesses , which had no such power before the Kings grant , so that all the power which the Commons have floweth from the King , not a drop of it from the people . Therefore , if the Commons exceed their commission , to wit , the power given them by the Kings Writ , it is illegal , and their actings void in Law ; and since the power given them by the Writ , is extinguished by the Kings death , the Long Parliament is by Law dissolved , and all the power which they take upon them since , is usurped , illegal , and Tyrannical , and contrary to the Lawes both of God and man. And to make their Tyranny the greatest under the Heavens , they protest to the world , that the Representatives of the people , ought to have the Legislative power ; yet they give Lawes ( as they call them ) to Scotland and Ireland , not having so much as one Member from both Kingdomes , in their representative body ; nor the eighth part of the Representatives chosen by the Counties , Cities , and Burroughs in England . So that no Tyrants since the Creation of the world , did ever equallize these , either in cruelty or absurdity , wickednesse or foolishnesse : yet forsooth , in 1649 , they made an Act , that it should be High Treason , for any one to affirm the present Government to be Tyrannical , Usurped or Unlawfull ; or that these Commons are not the supreme Authority of the Nation . So thieves may murther the Father , and take away the inheritance from his Children , and then make a Law , that it shall be high Treason for any one to call them thieves or usurpers , or to say , they had not the supreme Authority . Thus they defend Tyranny with Tyranny , and one sin with another . Unumquodque conservatur , eodem modo quo fit . Things impiously got , must be impiously kept . They got their authority by blood , and by blood it must be kept ; they juggled themselves by lyes into the supreme self-created authority , and we must lye , and say they are the supreme authority , only because they do , otherwise we shall be executed for high Treason , against this infamous conventicle ; So that of necessity we must displease God , if we please them , and live no longer , than we sin , for they have made it a capital offence to speak truth . I must confesse , most men amongst us , are frighted with this scarr-Crow , not only to lye , and affirm the long called Parliament to be the legal supreme authority , but also with St. Peter , forswear , and deny their persecuted Lord and Master the King , accounting no weather ill , so they be by their warm fire sides , and esteeming all men indiscreet , who publickly own their King , and therby incurr the displeasure of these domineering Tyrants . But for my part , I had rather be a Servant to God , and my King , than a Master amongst the unrighteous ; I am a Member of the body of the Common-wealth , and therefore cannot see my head the King cut off , without crying , Lord have mercy upon us . It is the duty of all his Subjects both with pens and hands , to help their King out of the mire , into which these Rebels have cast him ; not only the law of God , but the law of the land injoyneth us thereto : And I cannot see our Laws and Religion rooted up , without groans and sighs ; It is no time to be silent , when the fabrick wherein our whole treasure and happines consisteth , is set on fire : Neither can silence , or innocence , protect one from the unjust violence of these Wolves ; Sleeping , or waking , we are alwayes their prey : Some of us they murther for our Estates , some for their pleasure , but all according to their wicked wills , not law . Therefore God knows whether I may be the next who must come to their pot ; Howsoever , I had rather be taken , doing God , my King , and my Country service , than in a drowsie Lethargy : I commit my Soul and Body , to the protection of the Almighty , who dorh not let a sparrow fall to the ground without his divine providence , therefore will not let me fall into the power of their lust , without his permission . The King fell , and why should not I ? The Lords will be done , who when he hath corrected his Children , will burn the rod. They can destroy only my Body : him only will I fear , who can destroy both Body and Soul. Give Cerberus a sop cryes some men , and speak fairly to the Monster now in power : But it is but to go into Hell ; Therefore I will neither flatter , nor dissemble with them . Not to speak of the Modesty of the House of Commons in former Ages , scarce adventuring to doe what they might , for fear they should arrogate too much ; As in 21 Ed. 3. When their advice was required concerning the prosecution of a Warr with France , They answered , That their humble desire of the King was , that he would be advised therein by the Lords , being of more experience than themselves in such affairs . The like president of their Modesty may you find in the 6 R. 2. and in the 3 E. 3. They disclaimed to have Cognisance of such matters , as the Guarding of the Seas , and Marches of the Kingdom . We may conclude , that unlesse it be the property of the Servant to command , and the Master to obey , or of the Souldiers to march before their Captain , that the King hath the supreme power , and is the sole Legislator , not the House of Commons : For the King representeth God , the Commons only the ignoble People . As for both Houses joyntly together , they are no Court at all ; therefore can have no thoughts of having the Legislative power . And as the two Houses have no power but what the King bestoweth on them , so neither have they any title of honour and dignity , but by the Kings gift . For as all the lands in England , and all power and authority , is derived from the Crown ; So by the laws of England , all the degrees of Nobilitie , and Honour , are derived from the King , the Fountain of Honour , and Majesty it self , 4. Inst . 363. What then ? have the two Houses joyntly , or the House of Commons singly , the Soveraign power , because they have none but what the King giveth them ? Have they the Majesty , because they have no honour or dignity but by the Kings gift ? Surely this is all the reason : The King made the Lords , not the Lords the King : a Peasant to day may be a Lord to morrow , if the King pleaseth ; and is the Pesant therefore the Kings master ? surely no , it is the King who createth Barons , and so maketh them capable to sit in the House of Peers ; but they are made but Peers , not Kings ; nay they are but Peers of the Realm , not of the King : They are under , not above the King ; For sunt & alii Potentes sub Rege qui dicuntur Barones , hoc est , robur belli , saith Bracton l. 1. c. 8. Though they are Potentes , yet they are sub rege . As for the House of Commons , they are so far from being our keepers , or the masters of our King and kingdom , that there is not a Noble man amongst them ; They receive their being from the breath of the Kings Writ , and having their being in a collective body , they are but the Lower House , whose name importeth subjection . But if the Commons when they sit in the House have the Soveraign power , where was it before their Sessions ? and where is it when they are dissolved ? What doth it hang in the Clouds , and drop on them when they sit , and dissolve like the Snow with the VVinter , when the King dissolveth them ? Soveraignty is permanent , and always continueth waking : The House of Commons are , and they are not , according to the Kings pleasure , he assembles and dissolves them at his will. And what ? doth the Soveraign power sleep or die , during their interregnum ? one would think it belonged to the King , because he never dieth . O ridiculous Commons ! I am weary of their absurdity in claiming the Soveraignty . But as once it was demanded of an Oraaor ; speaking very much in the commendation of Hercules , Quis vituperavit ? So it may be demanded of me , treating of the Kings Soveraignty , who hath brought arguments against it ? Truly for my part , I never saw any reasonable argument against it ; many cavils , but no reasons . Evasions are the best proofs used by the Anti-Royalists : And when they shift a Question with forein matter , or a forein meaning , They think they have not only made a good answer , but also proved the point in question to be on their side : As when our Books say , Every man in the kingdom is under the King , but the King is under none but God , They answer , the meaning of the book is , That every single man in the kingdom is under the King , but not the whole people collectively , for they are above the King. Just as if the Book should say , every man in the world is under the Heavens , but the Heavens are under none but God : And they should answer to evade it , The meaning of the Book is , That every single man is under the Heavens , but not the whole body of the people ; for they are above the Heavens . O miserable invention ! such absurdities are most of their Arguments . Therefore we may conclude , that since Club-Law set them above reason , it must be Club-Law which must pull them down . Let the Sword argue them out of the Kings possessions , which they have gotten by Rebellion , and it will be easie then to convince them , that Rebellion against the King is unlawful . Had the King had no Revenues , he had still injoyed his Crown . It is the profit which maketh King-killing honest ; And it is the sweetnesse of the Bishops Lands , which makes the Office of a Bishop so bitter , and odious , to our new States-men ; The Law would have them ejected from their ill gotten Fortune and Estates ; therefore they persecute the Law , as their utter Enemy , And say , that they will have it no more coached in the City of London , but carted in the Country amongst the Swains ; But they must likewise send the City with it into the Country , otherwise the Body will dye when the Soul departeth , and the City will perish , when the Law and its Retinue bid it farewell . As Histories both forein and domestique , antient and modern , and the whole Accademy of the Common Law , so it is apparent by many Records , and Judgements in Parliament : And both the Lords and Commons , in divers Acts of Parliament , through many successions of Ages , have declared that the King of England is Monarcha & Imperator in regno suo , a Monarch and Emperour in his Realm , above all the people in his kingdom , and inferiour to none on Earth , but only the Almighty , holding his Crown and Royal dignity , immediately of God , and of none else . By the Statute of 28 H. 8. ca. 2. enacted in Ireland , it is declared , that the Kings of England are Lawful Kings and Emperours of the said Realm of England , and of this Land of Ireland . So by the Act of 16 R. 2. ca. 5. It is declared , That the Crown of England hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to God in all things touching the Regality of the same Crown , and to none other . And what is the House of Commons , a God ? if they are but men , the Crown is not subject to them , for the Statute telleth you it is in no Earthly subjection . But perhaps they are Devils ; neither will that serve their turn , for as it appeareth by the Act , The Crown is immediately subject to God , and to none other . So by the Statute of 24 H. 8. cap. 12. it is declared , Where by divers sundry old authentick Histories , and Chronicles , it is manifestly declared , and expressed , That this Realm of England , is an Empire , and so hath been accepted in the World , Governed by one Supreme Head and King , having the Dignity and Royal Estate of the imperial Crown of the same , unto whom a body politick compact of all sorts , and degrees of people , divided in terms , and by names of Spiritualty and Temporalty , been bounden , and ought to bear next God , a natural and humble obedience , he being also institute and furnished by the goodnesse and sufferance of Almighty God , with plenary , whole and entire power , pre-eminence , authority , prerogative , and Jurisdiction , to render and yield justice , and final determination , to all manner of Folk , and Subjects within his Realm , and in a● causes , matters , and debates whatsoever . Behold here , and consider the Judgement of the whole people , both Lords and Commons . Who can contradict what they said ? None but the Antipodes of our Age , who contradict all Truth , Justice , Law , and Honesty . I heard it affirmed , that they were about to explode out of the new Testament ▪ the 13th . Chapter of the Romans , and other Texts in Scripture , which commanded subjection to Kings . Truly I believe they did not want knavery , but only conveniency to effect it . If the Bible had had but one Head , off it had went as sure as the Kings ▪ In the Statute of 1 Eli. cap. 1. and in several other Acts of Parliamen● , the Crown of England is called an Imperial Crown , and the Parliament , the Kings h●gh Court : And that you may see , that the Murtherers of Charls the Martyr , pretended to want water when they were in the Sea , read the Act of Parliament 1 Ia. cap. 1. wherein the Lords and Commons made this joyfull Recognition , viz. Albeit , We your Majesties loyal and faithfull Subjects , of all Estates , and Degrees , with all possible and publick joy and acclamation , by open proclamations , within few hours after the decease of our late Soveraign Queen , we declared with one full voice of tongue and heart , your Majesty to be our only lawfull and rightfull Liege-Lord and Soveraign , yet as we cannot do it too often , or enough , so it cannot be more fit , than in this high Court of Parliament , where the whole Kingdom in person , or by Representatives is present , upon the knees of our hearts , to agnize our most constant faith , obedience , and loyalty , to your Majesty , and your Royal Progeny , humbly beseeching it may be ( as a memorial to all Posterity ) recorded in Parliament , and enacted by the same , that we ( being bounden thereunto by the Laws of God and Man ) do recognize and acknowledg , that immediately upon the death of Queen Elizabeth , the imperial Crown of this Realm did by inherent birth-right , and lawfull and undoubted succession , descend , and come to your Majesty , and that by lawfull right and descent , under one imperial Crown , your Majesty is of England , Scotland , France , and Ireland , the most potent and mighty King , and thereunto we most humbly , and faithfully submit , and oblige our selves , our heirs and posterities for ever , untill the last drop of our bloods be spent , and beseech your Majesty to accept the same , as the first fruits of our loyalty , to your Majesty and Royal Progeny , and Posterity for ever ; Which if your Majesty will adorn with your royal assent ( without which it neither can be compleat and perfect , nor remain to all Posterity , ) we shall adde this to the rest of your Majesties inestimable benefits . But now Tiber runs backwards , and the Moon giveth light unto the Sun , the Servant ruleth the Master , and the Peasant is mightier and greater than the King : Nay in stead of walking on our feet ( as our fore-Fathers did , ) we walk upon our heads , and as for the old paths where is the good way , we will not walk therein . Our Ancestors have attested the Kings Soveraignity with their lives and sacred oaths , but we attest the contrary , so that if we of this age are not , our Ancestors of all ages past were ignorant perjured fools . Our Fathers ( as you see in the fore-going Statute ) did humbly submit , and oblige themselves , and us , their heirs , and Posterity , to be constant and faithfull in subjection to the King , and his Royal Progeny : But we ( undutyfull to our Parents , as well as Rebellious to our King , ) oblige our selves , and bind our souls , with many sacred oaths , to expell him from his Crown , rob him of his Revenews , and extirpate his Royal Progeny , being constant , and faithfull to nothing but our own lusts and ambition . They would spend their bloods to maintain , and defend the King : but we spend both our bloods and Estates , to offend and destroy him . They esteemed their Act void and imperfect , without the Royal assent ; But we esteem and vote the Royal assent , void , imperfect , and uselesse . But wherefore do I say we ? Lay the saddle on the right horse . It was neither Lords , nor Commons , Parliament , nor people , who perpetrated all these villanies ; but it was fifty or sixty rotten tainted Members of the lower House , small in number , but great in transgression . So may the Tayl , nay a piece of the Tayl , destroy the whole body , and reign sole Lord Paramount . Oh what multitudes of impieties can the wicked accomplish in an instant . Seneca . Nullum ad nocendum tempus angustum est malis , In no longer space than betwixt the Father and the Son , did these Horse-Leaches subvert our fundamental Government , destroy King and Kingdom , Parliament and People , and all our Laws , and Religion ; so that the question is not whether the Parliament be above the King , but whether a little company of great Traytors and Usurpers , ( the Dregs and Lees of all Tyranny , ) be above both King and Parliament : For the Parliament ( as you see by the joyfull recognition made to King James &c. ) enacted , and most humbly acknowledged the King to be above both Parliament and People , and the Crown to be hereditary to the King and his Royal Progeny ; but these men , and only these who by violence make themselves above both King and Parliament , defending their persons from the Justice of the Law , with Armed Red-Coats , and the greatness of their villanies , These are they who deny it , though the Laws of the Realm , and all Histories , and all Kingdoms teach them otherwise . God calleth himself a King in several places of the Scripture , to note , and signifie his Soveraignity , which surely he would not do , was the King the Peoples vassal or under Officer , as the Bedlam franticks of our age feign . Thou art my King O God , ( saith David ) Command del●verance for Jacob. The King and the Power to command are Individua , He is a Clout , no King , which cannot command ; And who should be under his command ? What ? The People , taken particularly , and distributively , as single men , and not collectively as the whole Kingdom , according to the fanatick opinion of our Lunaticks ? Why is he not then called King of single men ? If he be King of a Kingdom , then all the People jointly or severally in his Kingdom are under his command , and if under his command , then he only hath power to give them Laws , be they in one collective body as in Parliament , at the Kings house , or simple bodies at their private dwellings . Le Roy fait les leix avec le Consent du Seigneurs , et Communs : et non pas les Seigneuns , et Communs avec le consent du Roy , is the voice of the Common Law , The King makes Laws in Parliament , with the consent of the Lords and Commons , and not the Lords and Commons with the consent of the King. Virg. 7 Eneid . Hoc Priami gestamen erat , cum jura vocatis More daret Populis — And 5 Eneid . — Gaudet regno Trojanus Arestes , Indicitque forum , & patribus dat jura vocatis . The Lords and Commons have power only to propound , and advise , it is only the Kings Le roy le veult , which makes the Law , their propositions and advice signifie nothing , if the King saith Le Roy se avisera ; They have not power to grant him any subsidies , untill the King saith , Le Roy remercieses loyaulx et ainsi le veult . Therefore much less the Soveraignity . It would be strange , if the assembling of the Subjects together should make them Masters over the King , who gave them power to assemble , and hath power to turn them home again when he pleaseth . Legum ac edictorum probatio , aut publicatio , quae in curia vel Senatu fieri solet , non arguit imperii majestatem in Senatu vel curia inesse , saith Bodin . de Rep. li. 1. ca. 8. The publishing , and approbation of Laws and Edicts , which is made ordinarily in the Court of Parliament , proves not the Majesty of the State to be in the said Court , or Parliament ; It is the Kings Scepter which giveth force to the Law , and we have no Law , but what is his Will. The King surely would never call his Subjects , to bind him with Laws against his will , much lesse to take his Dominion from him , and make himself a Vassal , and Officer , to his two Houses , or either of them , who were not capable themselves of any Office without his Gift and Licence . The Kings of England have called many Parliaments , yet the Government hath alwayes continued Monarchical , and the King not under , but above the people , inferior only to God ; even Forein Polititians will tell you so . Let famous Bodin ( who tanketh our Kings amongst the absolute Monarchs ) speak for all , lib. 1. cap. 8. Habere quidem Ordines Anglorum authoritatem quandam , jura vero Majestatis & imperji summam , in unius Principis arbitrio versari . The States ( saith ) he of England , have a kind of authority , but all the rights of Soveraignty , and command in chief , are at the will and pleasure of the Prince alone . Learned Cambden in his Britannia , fo . 163. teacheth us , As touching the division of our Common wealth , it consisteth of a King , or Monarch , Noblemen , or Gentry , Citizens , freeborn , whow we call Yeomen , and Artisans or Handicrafts-men . The King whom our Ancestors ( the English Saxons ) called Coning and Gining ( in which name is implyed a signification both of power and skill ) and we name contractly King , hath Soveraign power , and absolute command among us , neither holdeth he his Empire in Vassalage , nor receiveth his investure , or enstalling of another , ne yet acknowledgeth any superiour but God alone . Now if Reason , and the Judgement of our Ancestors , would satisfie our frenzy upstarts , what greater authority would they have ? But that they are troubled with so many visions , and false revelations of their own , I would commend to them a true vision , in the Reign of Edward the Confessor , viz. One being very inquisitive , and musing what should become of the Crown , and Kingdom , after King Edwards death ( the blood Royal being almost extinguished ) he had a strange vision , and heard a voyce which forbade him to be inquisitive of such matters , resounding in his ears ; The Kingdom of England belongeth to God himself , who will provide it a King at his pleasure . But now forsooth it belongeth to the people , and they will provide it a King at their pleasure : It is the people now which make the King ; if so , why ever had we any Kingdoms ? why were they not called Peopledoms ? The Kings of England , with them of France , Jerusalem , Naples , and afterwards Scotland , were antiently the only anointed Kings of Christendom . And as the Kings in Scripture ( as Asia , Jehoshaphat , Hezechiah , &c. ) so the Kings of England have alwayes had the supremacy in Ecclesiastical causes : Reges , sacro oleo uncti , sunt capaces spiritualis jurisdictionis . 33 Ed. 3. Rex est persona mixta cum Sacerdote , habet ecclesiasticam et spiritualem jurisdictionem , 10 H. 7.18 . And although Kings ought not to be Ministers of the Chutch , so as to dispense the word and Sacraments , For No man taketh this honour unto himself , but he that is called of God , as was Aaron , Hebrews 5.4 . Yet since they are called of God to be Kings , as his Vicegerents , they have power to look to , and have a care of the Church , that the word be preached , and the Sacraments administred , by fit persons , and in a right manner , else how should Kings be Nursing Fathers to the Church , had they not a Fatherly power over it ? Therefore many Acts of Parliament , in several Kings Reigns , and the whole Current of Law Books , resolve and affirm the King to be head , and have Supreme Jurisdiction in Ecclesiastical causes . In the first year of Edward the sixth , a Statute was made , That all Authority and Jurisdiction both Spiritual and Temporal , is derived from the King. So in the Reign of Edward the Confessor , was this Law , ca. 17. The King , who is the Vicar of the highest King , is ordained to this end , that he should Govern and Rule the Kingdom , and People of the Land , and above all things the Holy Church , and that he defend the same from wrong doers , and destroy , and root out workers of mischief . But since Reverend Coke in the fifth part of his Reports , De jure Regis Ecclesiastico , hath with luculent examples , and impregnable lawes , made it so clear , ( that no man can gainsay it ) that the King ought , and the Kings of England ever since before the Conquest , until the Reign of Queen Elizabeth , ( at which time he writ ) have had the supreme power and jurisdiction , in all Spiritual , and Ecclesiastical causes , I referre you to his Book , only reciting part of his conclusion , viz. Thus hath it appeared , as well by the antient Common Lawes of this Realm , by the Resolutions and Judgments of the Judges , and Sages of the Lawes of England , in all succession of ages , as by authority of many Acts of Parliament , antient , and of later times , that the Kingdome of England is an absolute Monarchy , and that the King is the only supreme Governour , as well over Ecclesiastical persons , and in Ecclesiastical causes , as temporal , within this Realm . And in another places , fo . 8. he saith , And therefore by the antient Lawes of this Realm , this Kingdome of England is an absolute Empire , and Monarchy , consisting of one head , which is the King ; and of a body politick , compact and compounded of many , and almost infinite several , and yet well agreeing Members . All which the law divideth into two several parts , that is to say , the Clergy , and the Laity ; both of them next , and immediately under God , subject , and obedient to the head . Also , the Kingly head of this politick body , is instituted , and furnished with plenary , and intire power , prerogative , and jurisdiction , to render justice and right , to every part and member of this body , of what estate , degree , or calling soever , in all causes , Ecclesiastical or Temporal , otherwise he should not be a head of the whole body . Now he that looketh upon these Authorities , and yet saith , that the King is not above both Parliament and people , nor hath soveraign power over them , will likewise look upon the sun in the Heavens , and yet say , that it is not above , but below the earth ; and when he is in the midst of the sea , say , that there are no waters in the world . If then the King hath the supreme power over Parliament and people , ( as most certainly he hath ) how then could the Parliament or people , ( much lesse , sixty of them ) question , or judge their King ? For no man can deny , but that the greater power ought to correct , and judge the lesser , not the lesser , the greater . How could they , did I say ? Why , vi & armis , by violence and injury , not by law . So may I go and murther the King of Spain , or the King of France , and then tell them , that their people have the supreme power over them . The case is all one , only these Rebels murthered their natural Father , and King , to whom nature , and the Lawes of God and man , had made them subjects ; but I should murther a forein King , whom I ought not to touch , he being the Lords annointed . It is easie to prove the Soveraignty of the Kings of England , by their Stiles , ( unlesse our anti-monarchical Statists will say , they nick named themselves . ) Their several stiles , since the Conquest , you may see in the first part of my Lord Coke's Institutes Fo. 27. Therefore I will not trouble you with a recital of them ; as for the styles before the Conquest , take one for all , which you may find in the Preface of Co. li. 4. and in Davis his Irish reports Fo. 60. In a Charter made by Edgar one of the Saxon Monarchs of England , before the Danish Kings . viz. Altitonantis dei largiflua clementia , qui est Rex Regum , & dominus dominantium , Ego Edgarus Anglorum Basileus , omniumque rerum , Insularum Oceani quae Britanniam circumjacent , cunctarumque Nationum quae infra eam includuntu● , Imperator et dominus , Gratias ago ipsi Deo omnipotenti Regi meo , qui meum imperium sic ampliavit , & exaltavit , super Regum patrum meorum , Qui licet Monarchiam totius Angliae adepti sunt a tempore Athelstani , qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit , nullus tamen eorum ultra fines imperium suum dilatare agressus est , mihi tamen concessit propitia Divinitas cum Anglorum imperio , omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norvegiam , maximamque partem Hiberniae cum sua nobilissima Civitate de Dublina , Anglorum regno subjugare , quos etiam omnes meis imperiis colla subdare dei favente gratia coegi . By which you may observe the first Conquest of Ireland , and that the Kings of England are Emperours , and Monarchs in their Kingdom , constituted only by God , ( the King of Kings and Lord of Lords , ) not by the people . And so did many other Kings of England stile themselves , as for example : Etheldredus totius Albionis , Dei Providentia , Imperator : and Edredus Magnae Britanniae Monarcha , &c. But that our preposterous Commonwealths men might make themselves most ridiculous , as well as impious in all things , they would argue the King out of his Militia , and have him to be their Defender , yet they would take away his sword from him . O Childish foppery ! What ? a Warriour without arms ? a General without souldiers ? why not a● well , a Speaker without a mouth ? such Droller● was never heard of in the world , until the Infatuation of these infandous Republicans hatcht it ▪ Nay , but there shall be a King over us ( cryed the Israelites ) that we also might be like all the Nations , and that our King may judge us and go out before us , and fight our battels , 1 Sam. 8.19 . An● what ? should he fight without the Militia ? should the King be over the people , judge them , and go out before them to battel , yet ought the people t● have power to array , arm , and muster the souldier● at their pleasure ? ought they to appoint wha● Officers and Commanders they thought fit ? surely no : For he will ( saith Samuel , verse 12. ) appoin● him Captains over thousands , and Captains ove● fifties . So 11 Sam. 12.29 . David gathered a● the people together , and went to Rabbath , and fough● against it , and took it . But why do I cite David Had not all the Kings in the Scripture , nay , hav● not all the Kings in the world the chief powe● over their Militia ? Surely , nothing is more certain ; otherwise , what difference would there be between the King and Subject ? Militarem autem prudentiam , ante omnia necessariam , Ego Principi assero , adeo ut sine ea , vix Princeps . Quomodo enim aliter se tueatu● , sua , ac suos , saith Justus Lipsius . No Militia , no King ; For how can he defend himself and Kingdome without it ? The Puppy dogs would master the Lyon , were it not for his pawes ; the cowardly Owles would conquer the Eagle , if he had no talons ; and the King would be a laughing stock , both at home and abroad , were it not for the sword , which God ( not the people ) hath girded to his side . The King beareth not the sword in vain , saith St. Paul , Rom. 13.4 . But surely he would bear it in vain , had he not power of himself to draw it , or sheath it , but when the people pleased ; he would be but a poor revenger , to execute Gods wrath , had the people , ( as our Novists feign ) not he , the sole disposing of the Militia . Unges eum ducem , 1 Sam. 9.16 . Thou shalt annoint him to be captain over my people . Which shewes the Kings right to the Militia , being Captain over his people . Unum est Regi inexpugnabile munimentum , amor civium . I must confesse , the Citizens , and Peoples love is the best fortresse , and bulwork for Kings ; but Charity growes cold , Loyal love , and Citizens , are not alwayes companions ; whole Cities , nay whole Countries , may prove perfidious to their King ; and whilst the King dischargeth the office of a loving father , his people may turn Traytors , and rebell against his goodnesse . Therefore it is good walking with a horse in ones hand , and ever safest for Princes , even in the greatest peace , to have a well-disciplin'd Militia in a readinesse ; for the affection of the people , like the wind , is never constant , In Rege , qui recte regit , necessaria sunt duo haec , arma videlicet , & leges , quibus utrumque tempus , bellorum & pacis , recte possit gubernari : utrumque enim istorum alterius indiget auxilio , quo tam res militaris possit esse in tuto , quàm ipsae leges , usu armorum , & praesidio possint esse servatae . Si autem arma defecerin● contra hostes rebelles & indomitos , sic erit regnum indefensum : si autem leges , sic exterminabitur justitia , nec erit qui justum faciat judicium , The Law , and Arms , are so necessary , and requisite in a King that without both , he can have neither ; for how could he execute , and maintain his lawes , withou● arms ? and how could he levy war , without lawes to direct , and guide his Arms ? He could neither proclaim war , nor make leagues , or peace without them . The King is Custos totius Regni , and by law ought to defend , and save hi● Realm . But surely he would b● but a poor keeper , if the peopl● had power to keep his weapon from him at their pleasure . Custodes libertatis Angliae , The Keepers of our liberty , could not keep it from us , without the force of the Militia : and how should the King maintain his Realm in peace , and defend our lives , liberties and estates , from the forein , and domestick Tyranny of Traytors and Rebels , had he not the sole power , and strength of Arms ? The Subjects of England are bound by their liegeance , to go with the King , &c. in his wars , as well within his Realms , as without , as appeareth by the Statute of 2 Ed. 6. cap. 11. and by a Statute made 11 H. 7. c. 1. The Lords and Commons assembled in Parliament , declare it to be the duty , and allegiance of the Subjects of England , not only to serve their Prince , and Soveraign Lord , for the time being , in warres , but to enter , and abide in service , in battel . and that both in defence of the King and land , against every rebellion , power , and might reared against him . But wherefore should I make my self ridiculous , in attempting to prove that which no age hath denied ? It hath been the Custome of all Kingdoms , the practice of all times , and the Common Law of the Realm of England , ever since it was a Realm , that the power of the Militia did alwayes belong unto the King ▪ nay it is proper to him quarto modo he hath an inherent , and inalienable right to it . Which right hath been declared , and affirmed by many Acts of Parliament , in all succession of ages , which in a case so clear , need not to be recited . It belongs to the King only to make leagues with forein Princes . 2 H. 5. ca. And as it is resolved in our Law Books , if all the people of England should break the league made with a fo●e●n Prince , without the Kings consent , yet the league holds , and is not broken ; Nay so farr are the People , or House of Lords , or Commons , from having the power of the Militia , that ( as you may read the expresse words , 3 Inst . pa. 9. ) If any levy Warr to expulse strangers , to deliver men out of Prisons , to remove Counsellors , or against any Statute , or to any other end , pretending Reformation of their own heads , without Warrant , it is high Treason ; For no Subject can levy Warr within the Realm , without Authority from the King , for to him it only belongeth . O then admire at the impiousnesse , and impudence of the long called Parliament , who murthered their King for committing Treason against them , whereas by the Laws of the Land , they were the only Traytors against him . So may the offender punish the offended , for the offence which he himself committed , and so may the Prisoner condemn , and execute the Judge , for the Crime whereof himself is only guilty . The only reason why they demanded the Militia of the King , and said that it only belonged to them , was not , because the King ought not to have it , for they well knew , that by the Law of all Ages , it did only belong to him , and not to them ; But how then could they carry on , and accomplish , their wicked design of Murthering him , if they still let his Sword hang by his side ? Therefore they first laid hold on that , and wrested the Militia out of his hands , arguing that it did not belong to the King , but to them . So Murtherers may say , that the Sword of him whom they intend to murther , doth not belong to the owner , but to them , to the end , they may with the more ease and safeguard , perpetrate their wickedness . And that they might have a shadow to hide all their filthynesse ; They first got several Counties to Petition for the Militia , which they afterwards took by violence , nay they themselves did first Petition the King for it . So sturdy Beggars first beg for an Almes , and by and by knock their Benefactor on the head , and make themselves Masters of what they before entreated for : And indeed the most part of their Villanies did commence with Petitions , for in driving on their wicked designs , they alwayes got the Rascal rable of the People , to heap in Petitions , for what they themselves set them upon , as if these Godly Villains did nothing , but what they were driven to through commiseration of the people , when God knows , they did nothing , but what was for the satisfaction of their own wicked Lusts , and Ambition . For when the Souldiers , and other baser sort of the people , cryed out for Justice and Privilege of the Parliament ; Even then was the Injustice of these Rebels most promoted , and the Parliament did not then only lose its privileges , but its very life and being . Thus Barbers may cut off the Head , when they pretend to trim the Hair , and so may Physicians destroy and kill the Body , when they pretend to apply Medicines . For , as now it appeareth even to the blind , their pious pretences , were but a Colour , for their wicked intentions , to destroy both King and Parliament , and root up all our Laws and Religion , when they seemed to act most to preserve them . Now since the power of Warr only belongeth unto the King , it must of necessity follow , that the King hath power to levy Taxes , and impose Subsidies on his people to maintain the Warr , otherwise it would be in vain to think of waging Warr : for all Souldiers must have ( Vectigalia ) Food , Apparel , and Arms , and where should the King have this but in his own Kingdom ? To be short , it is a duty laid upon the Consciences of all Subjects , to supply their King with all necessaries , both in time of Warr , and Peace ; And a thing commanded both by our Saviour , and his Apostles , Render unto Caesar , the things which are Caesars . And 13 Rom. Render therefore to all their due , Tribute , to whom Tribute is due , Custom , to whom Custom , Fear , to whom Fear , Honour , to whom Honour . But our Antipodes subverting all Scripture , render to no man their dues , and that they may act contrary to the very words and meaning of every Text , They do not render Tribute , Custom , Fear , and Honour , to the King , to whom it is only due , but forsooth to themselves , to whom it is not due . So may the Servant murther his Master , and take all his Revenues , and Honour as due only to himself . He which argueth that the King hath not right to chuse his Privy Counsellors , Great Officers , and Judges , &c. will likewise say , that the Master hath not right to chuse his Servants , it being the practice of all Kingdoms , as well as of England , and due to him by the Law of Nature ; Thou shalt provide out of the People able Men , saith Jethro to Moses , when the 70. grand Senators of Israel , the Great Sanhedrim of the Jews were to be chosen ; By which you see , the great Officers , &c. are to be chosen out of , and not by the people , but by the King. So Pharoah , not the people , made Joseph Ruler over all the Land of Aegypt , and Nebuchadnezzar , and not his people , made Daniel Ruler over the whole Province of Babylon . And since our Lawyers are so forward to take Commissions , and be made Judges by every power , which getteth uppermost , be it right or wrong , Let me tell them , that it is an undoubted truth , that every person , who hath been since the murther of Charls the Martyr , or shall hereafter ( without the authority of Charls the second ) be condemned and executed for any Crime ( whether guilty or not guilty ) in the Kings Bench , or at the Assizes , or elsewhere , is murthered , and all the Judgments , acts and proceedings of those nominal Judges , or Commissioners are void , as things done Coram non judice . So that it consequently followeth , that these lawless Judges are principals in every murther , so committed . Vengeance only belongeth unto God , Deu. 32.35 . The King is the Minister of God , a Reuenger to execute wrath upon him that doth evil . Therfore whosoever prosecuteth in the Kings Courts against the life of any man ( as in an Appeal &c. ) or sueth for recompence for any wrong done unto him , he doth not take vengeance , but God , who executeth his wrath by his Minister the King. But if any private man , or the whole people take upon them to make themselves their own Carvers taking what recompence they think fit , either against the King or any of their fellow Subjects , in this case they make themselves their own Revengers , and rob God of his rights , for vengeance belongeth to him , not to them . Therefore if any man , though in a way of publick Justice , take upon him to condemn and execute any man , without authority and power from the King , he is a Murtherer , and malicious Revenger , upon whom the vengeance of God ( whom he endeavoureth to cheat and rob ) will fall . Oh then admire , and bewail the Infandous Murthers , and Murtherers of our age , wherein the good are destroyed for performing their duty towards God and their King , and the wicked flowrish , only because they are sinfull , for whosoever will not be a Rebel , must not be a Common-wealths-man amongst these new Republicans . Yet forsooth they have such a form of Godlinesse amongst them , that whosoever doth not approve of their wickednesse , but speaketh of their actions according to their deserts , they call such men the ungodly , and flatter themselves , saying , the Saints of all ages have been spoken evil of by the wicked , holy David , nay our Saviour and his Disciples were reviled by the Reprobate , therfore no wonder if the Malignant Cavaleers do reproach , and vilifie our piousness , and brotherly love and charity one towards the other . So Belzebub may call them impious , who do not account him the only good Angell . How these men would be esteemed most Religious , even when they commit Sacrilege , and seem righteous even in the very act of wickednesse ; They murther many , and take away the Estates of all Royalists , yet if the Royalists whom they have thus spoyled , tell them according to Gods Commandments , that they ought not to be swift to shed blood , nor covet their neighbours goods , these Saints presently tell them , that they have not the Spirit of Godliness in them , but that they are the abusers of Gods word , and his Children , as if Gods Spirit gave them authority to act wickedly , and that none but they were the children of God , who had got their wealth by murther , rapine , and sacrilege : O Monstrous ! If you call their ill gotten Government , Tyranny , or Usurpation , they number you amongst those filthy Dreamers , who speak evil of Dignities , and will no● submit to lawfull authority . Yet these Antipodes could revile their Soveraign the King , with multitudes of scurrilous Pamplets , cut off his head and banish his Royal Progeny , taking away their Lands , and the Estates of thousands more , yet they would make one believe , that they never spoke evil of Dignities , nor ever resisted lawfull authority . O pious Rebels ! So far are our Laws of England from allowing Subjects to take up arms against the King , or to condemn & execute him , that it is high treason for any one , or all of his Subjects , but to imagine the Kings death , which the wisdom and Religion of our Realm hath from age to age so much hated and abhorred , that an offender therin , by the Laws of the Land , shall be hanged , and cut down alive , his bowels shall be cut off , and burned in his sight , his head shall be severed from his body , his quarters shall be divided asunder , and disposed at the Kings pleasure , and made food for the birds of the air , or the beasts of the Field , and his wife and children shall be thrust out of his house , and livings , his seed and blood shall be corrupted , his Lands and goods shall be confiscated , and ( as by the Statute of 29 H. 6.1 . It is ordained of the Traytor John Cade ) hee shall be called a false Traytor for ever . But the Traytors against Charls the Martyr have prevented this punishment ( most due to them ) by the greatnesse of their villanies . Yet though they are got out of the reach of Justice , and trample our Laws and King under their feet , let them remember that God is above Earth , and will give them their reward , if not in this world , yet in the world to come . The aforesaid Statute of 25 Ed. 3. ( as you may read in Pulton de pace Regis , & Regni , fo . 108. ) doth confirm it to be high treason , for any person to compasse , or imagine the death of our Soveraign Lord the King , the Queen , &c. by which words , it doth approve what a great regard , and reverend respect , the Common Law hath alwayes had to the person of the King , which it hath endeavoured religiously , and carefully to preserve , as a thing consecrated by Almighty God , and by him ordained , to be the head , health , and wealth of the Kingdom , and therefore it hath ingrafted a deep , and settled fear in the hearts of all sorts of Subjects , to offer violence , or force unto it , under the pain of High Treason : insomuch as if he that ●s Non Compos Mentis , do kill , or attempt to kill the King , it shall be adjudged in him High Treason , though if he do commit petit Treason , homicide or larceny , it shall not be imputed unto him as Felony , for that he knew not what he did , neither had he malice prepensed , not a felonious intent . And this law doth not only restrain all persons from laying violent hands upon the person of the King , but also by prevention , it doth inhibit them so much as to compasse , or imagine , or to devise , or think in their hearts , to cut off , by violent , or untimely death , the life of the King , Queen , &c. for the only compassing , or imagination , without bringing it to effect , is High Treason , because that compassing , and imagination doth proceed from false and traiterous hearts , and out of cruel , bloudy , and murdering minds . Thus you see with what reverence our Lawes do adore his sacred Majesty our King , detesting nothing more , than the violence , or dammage offered to him : yet forsooth , the Rebels affirm , they killed the King by the Common Law , and why by the Common Law ? what , because the Commons made it ? surely that is all the reason , for there is no law under the Heavens , which warranteth Subjects to kill their King : but all lawes both humane , and divine command the contrary . Many are the publick oaths , ( as you may read in Mr. Prynne's Concordia discors ) protestations , leagues , covenants , which all English Subjects , ( especially Judges , Justices , Sheriffs , Mayors , Ministers , Lawyers , Graduates , Members of the House of Commons , and all publick officers whatsoever ) by the Lawes , and Statutes of the land , have formerly taken , to their lawful hereditary Kings , their heirs , and successors , to bind their souls and consciences , to bear constant faith , allegiance , obedience , and dutiful subjection to them , and to defend their Persons , Crowns , and just royal Prerogatives , with their lives , members , and fortunes , against all attempts , conspiracies , and innovations whatsoever . But since , all those sacred oaths have been trayterously violated , and broken by the Rebels against Charles the Martyr . I will only present you with the effect of the Oath of Allegiance , which every one is to take when he is of the age of twelve years , and this oath was instituted in the time of King Calvin's Case , fo . 7. Co. Lit. fo . 68.172 . You shall swear that from this day forward , you shall be true and faithful to our Soverain Lord King Charles , and his heirs , and truth and faith shall bear , of life and member , and terrene honour ; and you shall neither know , nor hear of any ill , or dammage intended unto him , that you shall not defend . So help you Almighty God. The substance and effect of this oath ( as it is resolved , and proved in Calvin's case ) is due to the King , by the law of Nature , and is called Ligeantia naturalis , being an incident inseparable to every Subject ; for so soon as he is born , he oweth by birth-right ligeance and obedience to his Soveraign , and therefore the King is called in his Statutes our natural liege Lord , and his people , natural liege Subjects . But Ligeantia legalis , is so called because the Municipal Laws of this Realm have prescribed the order and form of it . None can deny but that obedience is due from the Son to the Father by the Law of Nature , yet may the Municipal Laws of the Realm prescribe formality and order to it , not diminishing the substance . So likewise may they to the Allegiance due by nature to the King. Thus have you seen how the English Trayterous Rebells , contrary to all the Laws of God , the Law of Nature , the Law of Nations , the Laws of our Realm , and against the foundation of Christian Religion , have by an unheard of example , most wickedly murthered , & as a common Thief , and vile vassal of the people , condemned their gracious King , whose name from the very beginning of the world hath ever been esteemed amongst all Nations great and holy ; whom the Prophets and Apostles , nay our Saviour himself , and all the Primitive Christians , both with their lives , death , examples , and Doctrine have taught , and commanded us to reverence and pray for , and to be subject to , not violently to resist him though he violently persecute us ; whom God himself in his old and new Testament hath declared to be constituted by him , and reign by him , ( not by the People , ) and particularly whom our fore-Fathers of this Realm of England , have always accounted sacred , and ever found by experience Kingly Government to be most glorious , and profitable for them , yet these forty or fifty Tyrannical Rebels , contrary even to common sense , and feeling , upholding themselves by Force , and Arms , Treason , and Usurpation , do sit and Vote Kingship dangerous and burthensom to the good people of this Common-wealth , when in the mean time , out Merchants turn Bankrupts , our Tradesmen break , Food groweth dear , Trade dyeth , thousands of Families are ready to starve , Millions of men are ruined and undone , the whole Realm groaneth under the burthen of excessive Taxes , and Wars , and rumors of Wars , continually plague our Kingdom , which hath lost its glory both abroad and at home , and become a meer laughing-stock to all Nations , and all this misery ariseth from the Tyranny of these Rebels , who unjustly banish our lawfull haereditary King Charls the second , and take possession of his three Kingdoms , making themselves absolute Tyrannical Kings over us , and so I believe they intend to make their Heirs : for ( being accustomed to lye ) they declare in their Declarations , that the People shall be governed by their Representatives in Parliament , Yet ( their actions contradicting their words , ) they will not suffer the People to chuse their Representatives , or come into the House , but they tell us , that they will chuse men of fit qualities . So one Thief chuseth another , Similis simili gaudet , We may be sure never to have an honest man amongst them , if they have the chusing . So that we may conclude , that unlesse we arise , and destroy these self-seeki●g self-created Tyrants , and restore our gracious King to his Crown , both we , and our heirs , shall be Slaves to the worlds end ; for no legal Government can be established without the King. I have sufficiently proved , that it is unlawfull for Subjects to rebel against evil Kings : How much more then is it unlawfull to rebel against a pious , and mercifull Soveraign , which addeth to the bulk of the sins of our English Rebels ? For the whole world knoweth , that Charls the Martyr ( whom they so trayterously murthered , ) was the best of Kings , and meekest of men : He was Charls le bon , & Charls le grand , good in his greatnesse , and great in his goodnesse . Some have said , that a good King cannot be a good Christian , but it is proved manifestly false in him , for to the admiration of the whole Earth , he was the best of Christians , and no less to be admired as a good King : So that his misfortune in his Government did not proceed from his deficiency in the art of Governing , but from the excesse of the Rebels sins , who transcended all Traytors since the creation of the world , in sin , and treachery , as far as Hell is distant from the Earth . Wherefore we may most truly say , that he was murthered , only because he was good : For every Kingdom divided against it self , is brought to desolation , if Satan also be divided against himself , how shall his Kingdom stand ? Therfore if the King had been evil , these evil Traytors would never have cast him out , but seeing he was a pious and Religious King , ( and so an evil Member to their evil Common-wealth , ) They all united their hearts and hands to cut him off , and lay to his charge all the Treasons , Murthers , Rapines , Burnings , Spoils , Desolations , Damage and Mischief to this Nation , which they themselves committed . So Thieves and Murtherers may spoil , burn , and make desolate all places , and Massacre , and kill many Noble , and trusty Servants , to the end they might take their Master and kill him , and then having taken him , lay all to his charge , and execute him as the only Author of all those villanies which they themselves acted and occasioned . O heavens ! Could the Almighty suffer this ? Why not ? The Lord made all things for himself , yea even the wicked for the day of evil . Pro. 16.4 . As for our rising Sun Charls the second , though hitherto obscured by the foggy mists of Treason , and Rebellion , in his own Kingdoms ; yet do the rayes of his sacred Majesty shine throughout the world beside , and his renown ecchoeth in every part of the Earth , to the admiration of forein Kingdoms , and to the envy & hatred of the Rebels in his own . Yet cannot their malice but marvel at the virtues , and patience of their King , whom they so much wrong : And it grieves them to see that royal progeny ( whose ruine they so greedily hunt after ) flourish with such glorious splendour amongst the Kings , and Princes of the Earth , growing in favour both with God and Man ; Whilst they ( odious to all but themselves ) by their Tyranny and Rebellion , incurr the displeasure both of Heaven and Earth , and become a Ridiculous Rump , The object of the scorn and derision , both of Old and Young , Rich and Poor . And had not these infatuated Rebels , brasen faces to deny what their own Conscience telleth them is true , They would presently declare , that the only way to settle our distractions , and restore our Nation to its pristin happinesse , and glory , were to call in the King , and re-establish him in his own , which they unjustly pocket from him : For so long as there is one of the race of the Stewarts ( which God long preserve ) and any forein King , or People , remain alive , we must never look for peace , or plenty , but ( as publick Thieves ) alwayes live in a posture of Warr , and ever expect forein Nations to come in , and swallow us up , Who account it ( as indeed it is ) the greatest piece of Justice under the Sun , to revenge ( with our bloods , and utter destruction ) the bloody Murther of Charls the first , and the unnatural Banishment of Charls the second , our only lawful Soveraign . Therefore let all English Spirits ( who have not washed their hands in the Innocent blood of Charls the Martyr ) joyn their prayers to God , and their Forces to one another , and lance this Ulcer , and cut off this proud flesh , whose growth destroyeth our King , Laws , and Religion . Behold the Duke of York wi●l be your leader , whose very name striketh terror to the greatest men of Warr , and our Rebels tremble to think of his Martial atchievements ; It is he who will be our Champion , to hunt out these treacherous Foxes , who Rebel against his King and Brother ; and then make our Nation dreadful to the Pope , and other forein Invaders . Therefore let us not dream like Goats , whilst we have this Lyon to be our Captain , but follow him , and destroy these Wolves , who make us their continual prey , keeping us in Slavery , under a false pretence of Liberty ; and let us obey our King , and Father , Charls the second , who will blesse us with the blessings of Jacob , and weed out of our Church , and State , those Jesuits , and Popish Blasphemors , who now under the colour of a free State , are working , and contriving , the ruine both of our Laws and Religion . And then we shall prosper into a Kingdom , Ezekiel 86.13 . and once more be a glorious people , under so glorious a King : which God Almighty speedily grant , for the glory of his Holy Name , and for the welfare and happinesse of all Christian people . Every one knoweth that in 1648. after the long tempest of a horrid VVarr and Rebellion , raised by the Refractory and Treacherous House of Commons , under a pretence of removing evil Counsellours from the King , ( but in truth only to promote their own private Interests , and factious designs ) The Currish Army , who had for a long time hunted the distressed King , and his Royal party , pretending to be set on only by their Master Rebels the Commons , but it seems they had a game to play of their own , which on the sixth of December 1648. they begun to shew ; And therefore when the Trayterous Commons had obtained what they could ask , or desire , of their Soveraign , then their Prisoner at the Isle of Wight , being such Concessions , which never any King before him granted , nor Subjects ever demanded , So that shame compelled them to vote them satisfactory , Then the bloody Souldiers thinking themselves lost , if the King and Parliament should find a peace , went up to the House of Commons , and by force kept out and imprisoned those who voted the Kings Concessions satisfactory , which the militant Saints pleased to call purging of the House , ( so that body is purged which hath poyson left in it , and nutriment taken out of it by the purge ) yet this purge would not do , the Lords must be turned out too , and only 40. or fifty packt Members of the House of Commons , who had sworn to be as very ( if not worse ) Knaves than the wicked Souldiers would have them to be , were only left in the House , who presently took upon them , what power their own lusts could desire , or the over-ruling Sword help them to , Murthered the King , and the chiefest of the Royal Party , and yet to colour their Tyranny , ca●led themselves a Parliament ; by which name blowing up , King , Lords Spiritual , and Temporal , and all our Lawes , and Religion with them , they still Domineer , and Rule over us , yet not so , but that the Army Rule them , ( as the Wind doth a weather-cock ) turning them which way , and how they please , sometimes up , and sometimes down , and no doubt but that shortly they will be cast down for altogether , for the wicked shall not last , but vanish as a shadow . Blessed art thou O Lord , when thy King is the Son of Nobles : Eccles . 10.17 . But alas , Servants have ruled over us , and there is none that doth deliver us out of their hands . Lamen . 5.8 . The Crown is fallen from our head : Wo unto us that we have sinned . Verse 16. For now they shall say , we have no King , because we feared not the Lord ; What then should a King do unto us ? Hosea 10.3 . ENGLANDS CONFUSION , OR A True Relation of the topsy turvy Governments in mutable England , since the Reign of Charls the Martyr . The Tyranny of the Rump further manifested . And that we shall never have any setled State , untill Charls the second ( whose right it is ) injoy the Crown . Though frantick Fortune in a merriment , hath set the Heels above the Head , and gave the Scepter unto the Shrubs , who being proud of their new got honour , have jarred one against the other , during the Interregnum : Yet Charls the second shall put a period to this Tragedy , and settle our vexed Government , which hath changed oftner in twelve years , than all the Governments in the whole world besides . Oh the heavy Judgment when Subjects take upon them to correct their King ! AS a distracted Ship ( whose Pilate the rage●ng violence of a tempestuous storm hath cast down headlong from the stern ) staggereth too and fro amongst the unquiet waves of the rough Ocean , somtimes clashing against the proud surly Rocks , and somtimes reeling up and down the smoother waters , now threatening present Shipwrack , and Destruction , by ●nd by promising ● seeming safety , and secure arrival , yet never setled fast , nor absolutely tending to the quiet and desired Haven : So the vexed Government of frantick England , ever since the furious madnesse of a few turbulent Spirits beheaded our King and Kingdom , threw down Charls the Martyr ( our only lawfull Governour ) from the stern of Government , and took it into their unskilfull and unlawfull hands , it hath been tossed up and down , somtimes falling amongst the lawless Souldiers , as a Lamb amongst Wolves , or as a glass upon stones , ) and somtimes happening amongst Tyrants , calling themselves a Parliament , who are so much worse than the Souldiers , by how much wickednesse covered with a colour of Justice is worse , and more dangerous than naked villanies . Yet in all our Revolutions ( although many gaps have been laid open that way , ) hath not the Government steered its course directly to Charls the second , it s only proper right , and quiet Haven ; to which until it come , we must never expect to have the Ship of our Common-wealth so secure , but that Tempests and Storms will still molest and trouble ( if not totally ruine ) it . Though it stand so fast one day , that it seemeth impossible for humane strength to remove it , yet the next day it moultereth away to nothing . I vouch every mans experience to warrant this truth ; And were not our blind Sodomites intoxicated with Senselesse , as well as Lawlesse Counsels , They would never gape after preferment , nor hope for continuance in their imaginary Commonwealth , where the greatest one hour is made least the next , and they themselves swallow up each the other , never having rest or peace , no not in their own House . And can this divided Monster ( which is the cause of all our divisions ) cloze up our divisions , and settle our Nation in peace and happinesse ? 'T is madnesse to think it . So fire may quench fire , and the Devil who was the first Author of wickedness , put an end to all wickedness . Examine the condition of the times , since the Reign of Charls the first , and you may see what times we shall have , until the Reign of Charls the second . Tyranny and Usurpation , Beggery and Slavery , Warrs and Murthers , Subversion of our Laws , and Religions , changing the Riders , but we must alwayes be the Asses , Hunger and Famine , Guns and Swords , Drums and Trumpets , Robberies and Thieveries , Fornication and Adultery , Brick without Straw , Taxes although no bread , These must be the voices which will alwayes sound in our Ears , untill we cast off this old man of Sin , viz. The Long called Parliament , and submit ( as we ought ) to Charls the second our only lawfull King. VVe may read of many Kings who have been suddainly killed , by the rash violence of an indiscreet multitude , who in the heat of Blood , do that which they repent of all their life after , ( mad Fury being the only cause of their unjust Actings ; ) But to commit sin with reason and piety , to kill their King with discretion , formally and solemnly , is such a premeditated Murther , that the Sun never saw , until these Sons of perdition brought it to light ; For a long time before the fact , they machinated , and plotted , the Kings death , and contrived how they might with the best colour and shew of Justice effect it ; At length ( as if their Votes were more authentique than all Srcipture ) they passed ( amongst others ) this Vote , Die Jovis , Jan. 4. 1648. viz. That the People , under God , were the original of all just power ; This was the foundation upon which the superstructure of all their murthers and villanies ( which they call just Judgments ) were built ; which granted , it consequently followeth , that all the power which they then and now exercise over these three Kingdoms , is unjust and Tyrannical , because not derived from the People . There are no Representatives amongst them for Scotland nor Ireland , nor the greatest part of England , neither did they ever receive any power at all from the People of either England , Scotland , or Ireland , and now all the People publiquely declare against them as the greatest Usurpers and Tyrants in the world ; yet contrary to all the Peoples wills , they sit , and Rule , and will admit of no Member of the Peoples chusing to come amongst them , unless they first qualifie and fit him for their own purpose ; therefore it plainly appeareth , that this Vote , that the People had the supreme power under God , was but a meer juggle to gull the people , and to bring their wicked designs to passe . So that as A whip for the Horse , or a bridle for the Asse , have the People made ( of this quondam Parliament , ) a rod for their fools-backs , Pro. 26.3 . The King being murthered by these Tyrants , and all our Laws and Religion totally subverted , ( a time wherin every one did what was right in his own eys , ) Oliver Cromwel ( who for his excellency in wickedness and villanies was made General of the long called Parliaments unjust Forces , ) the twentieth of April 1653. entred the House , attended with some of the chief Commanders of his Army , and delivering his reasons to them in a Speech , why he came to put a period to their siting , as judging it a thing much conducing to the publick wellfare of the Nation , dissolved them . And why might not he turn out them by force , who by force had already turned out the King , Lords , and all the Commons , besides themselves ? Surely if he had taken and hanged them all , it would have been a glorious Act , pleasing to God , and the whole people , and a Cordial to heal the miseries of our long-distressed Nation . But his ambition was to make himself Great , not to give relief and take away the Tyranny , therfore he summoned a certain select number of his own creatures to appear at Westminster on the fourth of July next , which he called a Parliament , and none could deny but that they had the Soveraign power , because Cromwel said so , yet not so but that he made them resign up their power to him , and make him ( the Lord protect us ) Lord Protector , not a King , because a King might do nothing but by Law , but the Protector did nothing but according to his will and pleasure ; yet in this were we happy , that in his reign , one Tyrant Lorded it over us , but in the long Parliaments , many . It is worth the observation , that notwithstanding a Parliament had newly abrogated the very name and being of a King , as dangerous and burthensom to the Common-wealth , yet a Parliament ( summoned by Cromwel in July 1656. to meet on the 17 of September , ) Petitioned and made many humble addresses to Cromwel that he would take Kingship upon him , and be anointed King , which old Nolls mouth watered at , yet because some things did not fall out according to his expectation , he declined it , and refused to be what he eagerly ( though not openly ) persued . Cromwel likewise created a House of Lords , which was called the other House : but the high aspiring thoughts of this turbulent Scorpion , were at length blown down , and extinguished by a high and mighty , wondrous and unparalleld wind , which out raunted Old Nol , and whirried his black Soul down ad inferos . So that after this storm , we had a Calm ; and as the Sheep are at quiet ease , when the bloody Woolf forsakes them , so the People did rejoice and solace their hearts , when this Tyrant made his Exit ; yet no sooner were we rid of this crafty Knave , the Father , but we were troubled with a simple Fool , his Son. Richard his eldest Son was proclamed ( by the new Courtiers , and Army-Officers ) Lord Protector of England , Scotland , and Ireland , and so tumble down Dick thought to have risen , and Reigned in his Fathers room ; But a Fools bolt is soon shot , Richard was quickly up , & quickly down : No sooner had he called a Parliament , but the Souldiers ( who feared that his Parliament should be honest , and disband them , as the only instruments to execute all Villanies ) went to the Mushroom Protector , and by dnresse , made him dissolve the Parliament , and divest himself of all his Power and Authority . And in this respect , it is better to be a Knave , than a Fool ; For crafty Noll kept the rude Souldiers in due obedience ; But simple Dick let them be his Masters , whereas he might easily have made them , and the whole people , have been his Servants to this day . When Richard was dismounted , the Souldiers could not well tell where to hang the Government , to secure them in their Rebellion , and Roguery : At last they pitcht upon the old rotten Rump ( viz. the fagg ▪ end of a worn-out , perjured Parliament ) who had formerly dissolved themselves , ( witnesse the Entry in their own Journal Book , April 20.1653 . ) although they pretend to be interrupted by Cromwells force ; So these Knaves ( the worst of Tyrants ) cemented together again , like a Snakes tail , and for colour called themselves , the Revivers of the Good Old Cause , and were as busie , as if they had had another King , and 3. Kingdoms to destroy . So these infamous wicked Traytors returned to their wickedness , as a Dog to his vomit , to the great grief and grievance of all sorts of People in the Land , who groaned and murm●red , as if they were entering into a far worse than Egyptian bondage and Slavery under these task-masters . To say that the people ( not they ) had the Soveraign power , was now high Treason , although they themselves had voted so formerly , and to talk of a Free Parliament , the antient birthright of the people ( as they themselves likewise formerly affirmed ) was now made a greater offence than Crimen lae sae Majestatis . These Custodes filled all the Prisons in the Kingdom , with those persons who desited a Free Parliament , and in that respect , they may be called The Keepers of our Liberty , as Gaolers do Thieves in Chains , or as the Cage doth Birds in grates ; For they keep us so much from our Free Liberty , to do well , that they will not so much as give us leave to speak , or think well . But there is no peace with the wicked . when these Tyrants had beaten down Sir George Booth , and other Assertors of a Free Parliament , and made themselves as secure , as Force and Violence could make them , One Lambert ( a Chip of the old Block ) newly made General of their Forces , displaced the Rump , and with his Souldiers inhibited their usuped sitting ; which made the whole people not only rejoyce inwardly , but break out in open laughter for joy : But nullum commodum sine incommodo , there is no pleasure without a displeasure : No sooner did the Rump leave riding of us , but up gets the Committee of Safety into the Saddle , who made account that they were so absolutely our Masters , as if we had all sworn allegiance to them . They rid furiously , but in a short time ( the Breech being too heavy , for this new Head ) they moltered away to nothing . Though the Rump had for a time hung down its tail betwixt its Leggs , yet at length it begun to wagg it , and whilst the Safety of the Committee of Safety was marched into the North under its Father Lamberts Conduct , the Currish Rump stole into the House again by night , seven times a Devil worse than before ; where now they ride Triumphant , and without the peoples consent , or liking , make what Laws they list , and Assesse what Taxes they please , send their mercenary Souldiers ( who would fight for the Devil , if he would give them mony ) into the City in the night time , and take the Citizens mony away from them , pretending that the Citizens provide it for Charls Stuart , but when the Citizens prove the contrary , then they tell them they will secure it for them . So Burglars and Thieves take away mens purses from them , and then tell them they will secure them for them . These are the Keepers of our Liberty : These are they who stood so much for the privileges of Parliament , and for the peoples free election of their Representatives . Now they account it a great Breach of Privilege of Parliament , to petition to them for a free Parliament , and imprison them that are for it . So Robbers may account it dishonesty for those who are robbed , to ask for their own , and imprison them as disturbers of the Commonwealth . Although these Tyrants have built themselves great houses , and filled their baggs and coffers with the estates of their Masters , whom they murthered , and with the unparallel'd impositions which they have laid upon the people , yet do they still resolve to rob the spittle ; and have newly made an Act for the Assessement of six hundred thousand pounds . Oh that the English should provide monies , to maintain their devourers ! Though we have not bread to suffice our own hunger , yet must we find dainties , and moneys to fulfill their lusts ; though they take away our straw , yet we must still provide a greater tale of bricks : so that of all the Tyrants in the world , which History , or men acquaint us with , these are the greatest . There was Justice in Phalaris his bull , but these men have only the colour of Justice . Other Tyrants were but shadowes , these are the Quintessence of all Tyranny and perdition . I will not plunge my self into such a bottomlesse Labyrinth , as to attempt to particularize all their villanies ; Non opus est nostrum , I am not able ; nay the quickest pen of a ready writer , would come farre short of so great a task . The Histories of after ages will resound with these Turpia Dictu , the people of our age have only time to feel , and indure the miseries of this Tyranny , subsequent generations will have leisure to tell the story , Et haec olim meminisse juvabit . Methinks I already hear the Post-nati , those who will be born thousands of years hence , relating one to the other , the marvellous Tyranny which happened to our Nation , after the Reign of Charles the Martyr , and in what manner the King was murthered , and how Charles the second was afterwards driven into an un-christian Exile , and likewise rehearsing what persons they were which acted all these villanies ; & so end with a Te Deum laudamus , blessing God for the tranquillity peace and plenty ; which they enjoy under their Gracious Soveraign Lord the King. The Persian Law commanded , that at the death of their Kings , there should be a suspension of the lawes , a lawlesse liberty for the space of five dayes , that the subjects might know the necessity of Government , and learn to prize it better , by being bereft of the benefit of it for a time . Sure I am , a lawlesse liberty hath reigned amongst us ever since the murther of Charles the first : therefore I hope , our present torments for want of a King , will sufficiently prohibit all future ages , to think of offering violence to their Kings : and teach them to know , that a bad King , ( much mor● a good King , as was Charles the Martyr ) is an unvaluable blessing , if compared to the Government of that many headed Monster , the People , or their Representatives in Parliament . The peoples eyes were all fixed upon General Monk , as their Moses , to deliver them from this iron yoke of Egyptian bondage ; But , Omne malum nobis , ex Aquilone venit . From the Cold North , Comes all Ill forth . Monk prov'd worse than Pharaoh himself , and instead of relieving of our distressed Jerusalem , ( which he might have done in the twinkling of an eye , without one drop of bloudshed , and thereby have gotten eternal renown and glory , as well amongst all Nations , as in his own native Country ) he heaped misery to misery , and executed such a grand piece of Tyranny , that none in the world ( unlesse those Harpies , his Master Rebels at Westminster ) could invent . On Thursday the ninth day of February , 1659. In perpetuam rei memori●m , he drew up all his souldiers into the City , with their matches lighted , in a warlike posture , doubled his guards , and tore down all the gates , ●nd posts of the City ; neither did his intoxicated malice stay upon the gates , but leapt upon the Aldermen , and other Citizens , whom he present●y cast into prison , so that now he is become odious , and stinks in the nostrils of all the Citizens and People : and whereas he was the common hopes of all men , he is now the common hatred of all men , as a Traytor more detestable than Oliver himself ; who , though he manacled the Citizens hands , yet never took away the doores of their City , whereby all manner of beasts , ( as well the Wolves at Westminster , as other out-lying Foxes , and Birds of prey ) may come in , and destroy them when they please . So that now iniquity followeth iniquity , and the wicked joyn hand in hand , and oath to oath , to persevere in their Rebellion . And although no sacred Oaths , Protestations , Vowes or Covenants , could keep them in lawful subjection to the King , they now think with unlawful oaths , to tye one the other fast to their usurped Tyranny . So that the Kings righteous cause , is now in a seemingly worse condition than before ; and he may complain with Holy King David , That the Rebels have cast their heads together with one consent , and are confederate against him . But why art thou cast down , O my soul , or why art thou disquieted within me ? Cannot God who permitteth these Rebels to reign , as easily cast them down ? Knowest thou not this of old , since man was placed upon earth , that the triumphing of the wicked is short , and the joy of the hypocrite but for a moment ? Though his Excellency mount up to the heavens , and his head reach unto the clouds , yet he shall perish for ever , like his own dung : they which have seen him shall say , where is he ? He shall flee away as a dream , and shall not be found : yea he shall be chased away , as a vision of the night : The eye also which saw him , shall see him no more , neither shall his place any more behold him , because he hath oppressed , and hath forsaken the poor , because he hath violently taken away an house which he builded not . Job . 20. ENGLANDS REDEMPTION . OR The Peoples rejoicing , for their great deliverance from the Tyranny of the long called Parliament , and their growing hopes for the restauration of Charls the second , whose absence hath been the cause of all our miseries , whose presence will be the cause of all our happinesse . The prosperity of Rebels , and Traytors is but momentary . As Monarchy is the best of all Governments , so the Monarchy of England is the best of all Monarchies : Therfore God save King Charls the second , and grant that the proud Presbyterians do not strive to make themselves Kings over him , as they did over his Father , by straining from him Antimonarchical Concessions , and by Covenanting to extirpate his Bishops &c. that they might set up themselves , which was the primary cause of our late unnatural and inhumane wars . Mr. Prynne commended , Episcopacy is the best form of Church Government . The Votes of the Clergy in Parliament . The Arrogance of the Presbyterian faction , who stand upon their Terms with Princes , and make Kings bend unto them as unto the Pope . OH the inscrutable judgments of God! Oh the wonderful mercy of the Almighty ! Oh ●he Justice of our Jehovah ! No sooner had I written these last words of the momentary prosperity of the wicked , out immediately the same hour , news was brought me , that General Monck and the City were agreeed , and resolved to declare for a free Parliament , and decline the Rump , Obstupui , stetteruntque comae , & vox faucibus haesit , I was strucken with amazement , joy made me tremble , and the goodnesse of the news would scarce permit me to believe it ; when I considered the crying sins of our Nation , ( which deserved showers of vengeance , not such sprinklings of mercy , ) then all such conceipts seemed to me as vain , and empty delusions ; but when I considered the infinite mercy of the Almighty , then why might not God spare our Nineveh , and send joyfull tydings into our discorsolate City ? Surely his mercies are greater than our great Sins . Therefore to resolve this doubt , I went up into the City , where instead of Tears ( as formerly ) I had like to have been drowned with the Streams of joy , and rejoycing ; The Bell rung merrily , the Streets were paved with mirth and every house resounded with joyful acclamations . I had do need then to ask whether the new● ( I heard in my Chamber ) were true or no , both Men , Women , and Children , Old and Young , Rich and Poor , all sung forth the destruction o● the Long called Parliament , the whole City was as it were on fire with Bonfires for joy ; And now those who formerly threatned the firing of the City , were burnt at every door , for all the people cryed out , let us Burn the Rump , let us roast the Rump : A suddain change ! History cannot tell us of its parallel . No lesse than thirty eight Bonfires , were made between Pleet-Conduit , and Temple-Barre . To be short , there was scarce so much as one Alley in the whole City , wherein there were not many Bonfires ; so that , so great and general joyfulnesse , never entred into the Walls of the City , since it was built , neither will again , untill Charls the second be restored to his Crown . The hopes whereof only caused the fervency of those joyes . The Pulpits on the morrow ( being Sunday ) and all the Churches ecchoed forth Praises and Thanks to God , and private devotion was not wanting ; neither was this joy confined only within the walls of the City , but being a publique mischief was removed , a publique rejoycing overspread the whole Kingdom , and all the people with one heart and voyce , shouted , clapped hands , and poured out joyful thanks for this great deliverance ; So the wearyed Hare is delighted , and cheereth her self , when she hath shook off the bloody Hounds , and so a Flock of Sheep are at rest , and ease , when the Ravenous Wolves have newly left them . Oh therefore let our distracted England be a warnin-gpiece to all Nations , that they never attempt to Try and Judge their King , for what cause soever ; And let all Traytors and Tyrants in the World learn by the example of our English Rebels , that their Prosperity and Dominion ( though it seemeth never so perpetual ) is but momentary , and as the wind which no man seeth ; For who so much applauded , and look'd upon , as the Long Parliament , when they first took upon then to correct and question the King ? and who now so Ridiculous , and Scorned ? They were them admired by the People as the Patrons , Vindicators , Redeemers , and Keepers of their Liberty ; Nay I may most truly say , that the people did worship and adore them , more than they did God : But now ( although they were as wicked then , and did as much destroy our Laws and Liberties , as they do now ) they are become a by-word , the Scorn and Derision , both of Men , Women , and Children , and hooted at by every one , as the greatest , and most shameful laughing-stock in the World. Who then can think upon our late most graciour King Charls the Martyr , without Tears in his Eyes , and contrition in his heart ? who can remember his patient Suffrings without Amazement and mourning ? who can look upon his Prophetical , and Incomparable Book , without Admiration , and Weeping Rejoycings ? especially upon that Text in the 26 Chapter of his book , viz. Vulgar complyance with any illegal and extravagant wayes , like violent motions in nature , soon grows weary of it self , and ends in a refractory sullennesse : Peoples rebounds , are oft in their faces , who first put them upon those violent strokes . This needs no Commentary , for every one knoweth with what zeal the Rabel of the people did at first stick to the Trayterous House of Commons in their Grand Rebellion , and how they are now weary of them , and with refractory sullennesse rise up against them , and are ready to fly in their Faces , who first taught them to Rebel , and fight against their King. Nay the Apprentices of London , whom formerly these Rebels made instrumental , to carry on their wicked designs against the King , are now most vehement against them ; For why ? a noysome House is most obnoxious to the nearest Neigbours , and the stinking House of Commons , that sentina malorum , doth most annoy this neighbouring City . It is the nature of foxes to prey furthest from their holes : but these unnatural foxes , in sheeps clothing , make all their prey , both at home and abroad . All is fish which comes to their net . And that these Rebels may still have freedom to persevere in their villanies , they cry up a free-State , as the best of all Governments , yet ( mark the nature of the beast , ) a free-State ( say they ) is most beneficial for the people , yet not so free , but that they may , and will qualifie , and engage the persons chosen by the people , according to their free will and pleasure . So that the peoples Representatives must represent these Traytors , in all their wickednesse ; otherwise they shall be no free-Statesmen : for they account that Government most for the liberty of the people , wherein themselves may have liberty still to continue in their Treason & Rebellion : and that they call slavery , and oppression of the people , which would suppresse their wicked and infandous Tyranny . All the reason which they can give against Monarchy , is , because ( say they ) many of the people would lose their interests in their new purchased estates ; and we should be turned out of our possessions , and perhaps lose our lives too . ( A good argument indeed , if maintained by the Logick of the sword . ) So thieves and murtherers may argue against the Sessions , because then perhaps they should lose their stollen goods , and be hanged for their murthers and robberies . O abominable , that English men should degenerate into such impious impudence ! for this is the truth of their case , might they but still have the Kings , and Bishops lands , which they have gotten by their horrible Treason and Rebellion , and be sure to live secure from the punishment which the Law of the Land would inflict upon them , they would easily confesse ( if the Devil have not made them contradictors of all manner of truth ) that Monarchy is the best of all Governments , especially for the English Nation ; where ( as one may say ) it grew by nature , until these destroyers of the Lawes of God , Nature , and the Realm , rooted it up ; and endeavoured to plant their fancied Commonwealth in its room : which will grow there , when plums grow in the sky , or when rocks grow in the air , not before ; as you may see by the small root it hath taken , ever since the reign of Charles the Martyr . Dig and delve they may , yet they will never set it in so fast , but that ( if the right heir do not , which God grant he soon may ) the wind and ambition of some one of their own sect and faction , will quickly blow it down : as did Oliver the wicked , &c. As Monarchy is the best sort of all govetnments , so the Monarchy of England , is the best of all Monarchies ; and hath in it , the perfection , and all that is good , either in Aristocracy , Democracy , or Free-State . For every one knoweth , that Charles the Martyr , though a King , yet alwayes made himself a subject to his lawes ; accounting his prerogative safer , being locked up in the custody of the law , than in the absolutenesse of his own will. And what lawes of any Nation in the world , did ever maintain the liberty and freedome of the people , more than the Kings Lawes of England ? I may most truly answer , none more , nor so much : for what greater freedome can the people wish for , than not to have any lawes imposed on them , than what they please and desire ? The Kings of England never make any law , but what the people consent to ; the Lords and Commons have a Negative voice , as well as the King. Although the inferiour Members receive all their authority from the head , yet cannot the head act without their consent and privity ; so neither ●oth the King impose any lawes on his subjects , without their concurrence and approbation . The House of Lords resembleth Aristocracy , and the House of Commons Democracy or a free State , yet the King ( like the Sun which doth not diminish its own light by giving light to others ) continueth stil a royal Monarch and without any Solecism in State , I may truly say , that the House of Lords did excel Aristocracy , and the House of Commons Democracy , in preserving the Peoples rights and wel-fare , because the necessity of their joyning votes each with the other , and both of them with the King , in making of a Law , did inhibit either of them from having an unlimited arbitrary power , which either of them without the other would have , and so enslave the People , as the House of Commons now do , according to their lusts , having destroyed their Master the King , and the House of Lords their Moderators . Whilest the King , Lords , and Commons , like the three Graces joined hand in hand , in passing votes approved by this triple touchstone , then were our Laws like Gold seven times refined , which made our Nation most glorious abroad , and to overflow with peace and plenty at home ; we were then feared , not derided , by all forein Kings and Princes ; Religion , not Faction then reigned in our hearts , and our industry was then to preserve , not to destroy Gods Sanctuary . But now since the hand hath said to the eye , I have no need of thee , and the feet to the head I have no need of you , the whole body of our Kingdom hath groaned , and every Member therof as with a Consumption is wasted and grieved . The Crown is fallen from our head , and we are become a reproach , and hissing amongst all Nations . Oh therfore ( to redeem our credit , and long lost happiness ) Let us all unanimously agree to be loyal Subjects to Charls our King , and let all his loyal Subjects pray for , and earnestly desire , his safe arrival into our England , that we may once more eat the Manna of our old Laws and Religion , with the sweetnesse wherof we surfeited , in the reign of Charls the Martyr . Then shall we beat our Swords into plow-shares , and our Spears into pruning hookes , faction shall not rise up against faction , neither shall we learn war any more , For if we be willing and obedient we shall eat the good of the Land , Isa . 1 19. Hor. Concines laetosque dies , & urbis Publicum ludum , super impetrato Fortis Augusti reditu , forumque litibus orbum Tum meae ( si quid loquor audiendum ) Vocis accedet bona pars , & O Sol Pulcher , O laudande , canam , recepto Cáesare falix . Tuque dum procedis , Io triumphe , Non semel dicemus , Io triumphe , Civitas omnis dabimusque divis Thura ben●s Then shall we sing the publick plays , For his return , and holy days , For our Prayers heard , and Law 's restor'd , From Rebels Sword. Then I ( if I may then be heard ) Happy in my regained Lord , Will joyn ' i th' close , and O! ( I le say ) O Sun-shine day ! The City leading , wee 'l all sing , Io triumph ! and agin , Io triumph ! at each turning , Incense burning . Thus when we have received our gracious Soveraign , from his long unnatural banishment , what then can the Lord do more for us , that he hath not done ? Wherefore when he looketh that we should bring forth good grapes , let us take heed that we do not bring forth wild grapes , let us fear God and honour the King , and meddle not with them that are given to change , as God hath commanded us , for if we refuse and rebel , we shall be devoured with the Sword , for the mouth of the Lord hath spoken it , and so our last rebellion will be worse for us then the first . General Monk hath amply repaired his honour which he lost by pulling down the City Gates and Perculisses , and in stead of proving a Keeper to the Trayterous Keepers , he hath approved himself a glorious D●●ender of our Liberties , for which Trophies of honour shall be erected to his eternal renown ; neither will our King spare heaping of rewards , upon his so memorable merits , at his return to his own house , which the General hath swept for him , and turned out them who made it aden of thieves . On Tuesday the 21. day of February , 1659. ( a day which deserveth more solemnization , than Gunpowder Treason day ; for then we were delivered from those who only intended to destroy King and Parliament , but now we are delivered from those , who actually did destroy both King and Parliament , and so consequently the whole Kingdome ) General Monk ( our famous Patron ) conducted the secluded Members to the House of Commons , where ( according to their former agreement with the General ) they voted themselves in a short time to be dissolved , and a free Parliament to be elected . Now I hope no man will presume to conceive the General so insipid , as to think there can be a free Parliament , without the King , and House of Lords . No , it is ridiculous to think so ; for a free Parliament without the King , would be but like salt which hath lost his favour , thenceforth good for nothing , but to be cast out , and to be troden under foot of men . Mat. 5.13 . It would be but a Rump fatned , and grow bigger . For we are all sick of the Kings Evil , therefore nothing but the touch of his Sacred Majesties hands can cure us . And I may with confidence , and truth affirm , that every one of that infinite number of people , which so much rejoyced at the destruction of the Rump , and at the voice of a free Parliament , would mourn , and cry at their sitting , if they do not bring with them the good tidings of restoring their King , the hopes whereof only made them rejoyce . And indeed , they would have more cause to bewail a free Parliaments sitting , without the King , than the sitting of the Rump ; for this we may be sure of , that the King will come in either by fair means , or by soul ; if by soul , that is by war ; then the war will be greater with a free Parliament , ( and so consequently more grievous to the people ) than with the Rump ; because a free Parliament will have greater force , and power to levy a war , than the Rump , and so the combustible matter being more , the flame will be the higher . But it is Atheism , to think that a free Parliament will withstand the King : therefore I will not taint my Paper with such detestable words . I let fall a blot of ink , upon Mr. Prynne's Soverain Power of Parliaments and Kingdomes , a Book which I am sure deserves a greater blurre . But Mr. Prynne hath since repaired his credit , and got the applause of the people , by writing for the King , and against the Rump , and other sectaries . Therefore to give him his deserts , there is no man in the Nation , hath so much merited as himself , in pulling down the many Tyrannies over us , since the murther of Charles the Martyr . He hath been our Champion , whose pen hath fought against the scriblings , and actings of the Traytors and Rebels ; for which I shall ever love and honour him , and without doubt , our Gracious King will sufficiently reward him , if he continueth constant in his loyalty ; which God grant he may . And although the Presbyterian held the head of Charles the Martyr to the block , by his hair , whilst the Independent cut it off ; yet now I hope the many evils which we have sustained by that royal fall , ( for which he shewed the first play ) will teach the rigid Presbyter moderation ; and make him confesse ( notwithstanding his violent Covenant against that Apostolical constitution of Bishops , ) that Episcopacy is the best form of Church Government , and the only way to extirpate and keep down those infinite number of s31y'sects and factions , which have taken root , and budded , since Episcopacy was rooted up and blasted . No Bishop , No King , was the Symbole of our Solomon , King James , who I think was as wise , and as much a Christian , as any of our Lay-Elders ; therefore in vain do the Presbytery think of enjoying Monarchy , unlesse they first resolve to lay aside all their schismatical Tenets , and stick to Episcopacy : For ( as the same King sayes ) A Scottish Presbitery , and Monarchy , agree as God and the Devil . Our Soveraign Charls the Martyr in his sacred writings , hath so clearly approved , and vindicated Episcopacy from the false aspersions of the Presbiterian faction , and also laid open the absurdities of Presbitery so fully , that it would be arrogance in me to say any thing after him , and not only ignorance , but impudence , in any man to look upon his writings , and still remain a Presbiterian . Therefore O Heavenly Father asswage the pride , and open the Eyes of these rigid Zelots , that in seeing , they may see , and in hearing , they may hear , and understand ; and not professe themselves wiser than our Saviour , that great Bishop , and his Apostles which were Bishops , and appointed successive Bishops , as you may read in the Epistles of St ▪ Paul to Timothy and Titus &c. And the Government of Bishops hath been the universal and constant practice of the Church , so that ( as Charls the Martyr writeth ) ever since the first age , for 1500 years not one example can be produced of any setled Church , wherein were many Ministers and Congregations , which had not some Bishop above them , under whose Jurisdiction and Government they were . Therefore let not the aspiring , currish Presbiterian ( who would pull down a Bishop in every Diocesse , but set up a Pope in every Parish ) no longer spet venom against the Reverend Bishops ; And truly I think their grounds are so slender against Episcopacy , that if the King would but make them Bishops , they would then be as violent for Episcopacy , as they are now against it : Therefore rest content Presbiter , for though not thy deserts , yet State Policy , may in time make thee a Bishop . The Antipodes indeed , viz. the Long called Parliament , who acted all things contrary to all Law and Religion , voted that Bishops should never more vote as Peers in Parliament ; But why ? was it not because the Religious Bishops should not withstand their Irreligious and Blasphemous proceedings , in Murthering the King , Destroying the Church , and all our Laws and Religion with them ? Surely no man can deny but that was the only reason . Que enim est respublica ubi Ecclesiastici primum non habeant locum in Comitiis , & publicis de salute Reipub : Deliberationibus ? For which is that Commonwealth , where the Ecclesiastical persons had not the first place in all meetings , and publique consultations , about the Welfare of the Commonwealth ? Surely none but the Utopian Commonwealth of these Rebels ; For it is the practice of all Nations , nay the Rebels themselves , who voted it unlawful for Bishops , and other grave Prelates of the Church , to meddle the least in Civil Affairs , could approve it in their new inspired Prophets , whom they admitted to have the chiefest voyce in their meetings , and consultations , concerning Warr or Peace . Pope John in his Chair , never thought himself so bigg , as a Cymical Presbiter amongst his Lay-Elders , or as an Independant in a Committee of Tryers , &c. Neither did Pope Joan in her State , ever think so well of her self , as a Sanctified Presbiterians Wife , drest up in her best Attire . The Lords Prayer , and the Common Prayer , is held prophane by these Saints because Christ ( not they ) taught and commanded us when we pray , to pray thus , &c. And because the Common Prayer is for the most part Texts of Scripture , which learneth us to pray for Kings and Bishops , more than for their Presbiterian faction ; The Reverend Bishops forsooth must have no voice in Parliament , that Taylers , Tinkers , and Coblers , might have a full cry in every Pulpit ; The Clergy must not meddle with Civil Affairs , but every Tradesman , nay those who were scarce their Crafts-master in their own Trade , might handle Spiritual matters as the best proficients ; But from such Sacrilege , and Blasphemy , good Lord deliver us . Let us therefore pray for the rising of the Son in our Lebanon , whose glorious Rayes of his Sacred Majesty , will soon dispell these foggy vapours of misty factions . It was the Presbyterians who first Clouded ? our Sun already set , And it is now in their power to drive away this long night of our Afflictions , and usher in the ●oyes of our hearts , in the youthfull morning of the Royal Progeny , which God of Heaven sanctifie them to doe , as I make no doubt but he will , For Vox Populi , vox Dei , and the whole People cry to have it so . The Presbyterians fought so ●ong for King & Parliament , that they destroyed both , and by their Solemn League and Covenant to extirpate Episcopacy , have fomented Popery , and brought in Sects , Heresies , and Schismes , which are ten times worse . Therefore let the Cryes of thy People come unto thee O God , and restore our Gracious King Charls the second to his Haereditary Crown : Whose Youth thou hast seasoned with the Afflictions of King David , and Clowded the Morning of his , and our happinesse , with the Misery of an Unchristian Exile , which hath made him the fitter for his Throne , and thy Mercy . Restore our Antient Liturgy , and our Lords Spiritual and Temporal , to their undoubted Rights and Privileges in Parliament . Restore the Commons to their right wits , and learn them to know , that the Hea● is above , not below the Feet : So th● our King only , with the assent of th● Lords and Commons , may make , and giv● us Laws , as it was in the beginning ; u● till which time I will pull down my Sai● and keep close unto the Haven , being su● to have nothing else but Tempests , an● Storms , and no clear setled weather untill then , either in Church or Common wealth , let our Republicans boast of the● Free State , or of what else they please for a Bone out of joynt will never b● setled right , but in its proper place . FINIS . Pastor Vitae suae mediocritatem commendans , queritur cum Coeli , caeterarumque rerum , cursus certo regantur consilio , non tamen res humanas , juste ac certe cedere , cum bonis male sit , malis bene . I LLe ego qui fraenis animum vinclisque domand● Latius imperito , quam si mihi Paenus uterqu● Serviat , & Lydiam Phrygiae Libiamque remotis Gadibus adjungam : Paupere sub tecto contentus pane secundo , Mollia securae traduco tempora vitae . Non opus est nostrum , clangunt ubi classica , ad arma Currere , & atroci spectacula ponere Marti . Non tentare levi ( vetitum scelus ) aequora ligno , Quid vero vetitum nos culpae fertilis aetas Fugimus ? anne parum dii percivilia bella Flumina & arva pio procerum tinxisse cruore ? Quin etiam Caroli rubefecit tela nefanda Dirus post genit is sangnis ? proh jura timenda ! Cedit lex armis , discedit laurea terra . At quo cymba ? decet parvis te currere rivis , Non inter scopulos Tyrrhenum urgere minantes . Ergo ubi nox ignes contraxit victa silentes , Et sol regalis placidum caput extulit undis , Armatus baculo , & saccum post terga ligatus , Pabula nocturnis grege misso cana pru in is Carpo , gravis medio , cum splendet Phaebus Olympo , Gramina & aestivis resonant exusta cicadis . Ad fluvios , aut alta greges ad stagna reduco , Expletasque sequens ad frigus amabile cogo : Qua sucra fagus , amant , & candida populus umbran● Consociare comis , texuntque umbracula quercus . Ut juvat argutis quae vellem ludere avenis ! Cespite sub viridi nunc stratum carpere somnos , Quos mihi furta gemens Progne scelerata mariti Suadet , & alterno modulamine turba volucrum . Nunc & in arcanis agnam Pani immolo lucis , Carmina qui calamis fingens sacra fontis ad ora Illice sub patula tendit gregis ubera lacte . Tethios at gremio properat requiescere Titan : Hesperus atque monet ( certum pastoribus astrum ) Ducere oves stabulis pastas numerumque referre , Ne prato in viridi , segete aut quis capta virenti Praeda fit agricolis : pecudes aut forte sequutam Pastor ad insolitum vicinus ovile coegit . Sic ô sic positae spatium breve transigo vitae : ●on sitis imperii nullo satiata cruore ●ccendit fauces , non regni caeca cupido . ●eu quid sancta fides ? pietas quid caelica prodest ? ●i pede calcantur justi florentque nefasti : ●egia , caelicolae , terrarum sceptra tenetis ? ●gnea constanti volvuntur sidera cursu : ●alest is solitum reparat Latonia damnum ; ●ynthius atque vias superas agit aetheris alti , ●t nudent sylvam gelidae nunc frigora brumae , ●uae decorata comis nunc fundit montibus umbras . Nunc fervore coquunt Cererem fera colla leonis . Deinde suas vires autumno temperat annus . ●rdine cur nullo mortalia pectora vivunt ? An fortuna regit manibus dans munera caecis ? ●ira libido bonos vincit , frans regnat in aula , Tristis iniqua ( nefas ) (a) Virtus fert premiarecti , ●mperat atque (b) Lupus sub ovilla pelle Britannis At (c) Pius heu frustra , rigidos properavit ad Indos . Non aurum in sacris aut gemmas numina poscunt . Heu quis primus , adhuc gemmus latuisse volentes , Pondera & ( illecibras vitiorum ) protulit auri ? Ante novae insidiae fuerant caedesque nefandae , Non furor in regem civilis cuderat enses , Incorrupta fides sacra comitata sorore Sincero populum regi jungebat amore . Bellica terribilis , siluerunt classica martis , Nec cruor effusus crepitantia tinxerat arma . Aequora non audax invisa subegerat Argo Quisque Mydas parvo tantum sua littora norat . Jam maria & tellus humana mente minora : Saevior aetneis flammis amor ardet habendi . Si pretium mortis , vel reges morte petuntur : Talis honor regum ? proh jussa tremenda deorum ! Vana ut nunc video , simplex ego justa putabam . Caesar par caelo civûm scelere occidit atro , Divus at Augustus multorum caede piavit . Quis divûm Caroli dicetur principis ultor : Ah venias tandem divorum dive precamur , Nil sine te vires nos vanae possumus armis : Sit fatis Caroli tibi tradita cura secundi , Serves in rigidos Anglos te praeside iturum , Fulmine & insontem patris ulciscare cruorem . At quo musae Procax ? quo tendit rustica musa ? Me decet arbustis humilem tractare myricam , Non inter cedros petere astra corusca superbos . Fulgor permultos generosae convocat aulae . Hic leviore notis populi stupefactus honore , Monstratus digito claras cupit ire per urbes . Evehit ad superos pugilem labor Isthmius illum . Hic complere famen gazis cupit . Indiae & auro , Nec tamen Europae pars omnis sufficit uni , Messibus aut Lybicis quicquid terit area fervens : Crescit edendo fames sic nullus finis edendi . Hic caudam populo , pellaci , vu lpe benignôr Iactat , ut incautum trahat in sua retia piscem . Ornatum hunc foliis visent capitolia festis , Quòd retulit praedas contuso victor ab hoste . At mihi precunctis ridet pastoria vita : Rara Iovis patitur convallis tela tonantis , Praepete sublimes tremuerunt fulmine montes . Menstrua non epulis mensam vinoque tributa Implent , non multo stipatur milite somnus . Rustica securum praebet mihi casa soporem , Non clamore virûm , tremulo aut clangore tubarum Ruptum , nunc musco circumlita ripa tenaci . Fraga cibos faciles dumetis vulsa ministrant Poma & amaena famem relevant ( procul ense remoto ) Solicito potant auro gemmaque potentes , Me delectat aquas manibus captare fluentes . Sic mea per tacitum fluit aetas , noxia nulli , Insidias tantum novi struxisse volucri . Sin populo ignotus , manes mihi notus adibo . Sol agit a st curru fugienti tempus amicum , Et polus invitat somnum rediuntibus astris . LECTOR , FRronte precor p'acida bullatas accipe nugas , Quas tenui filo duxi , crassaque minerva , Et mihi Phoebus eris vires animosque ministrans : Ut majora canam graviori carmine tandem . Lingua velut gustu vario , sic gaudet habere In studiis mens nostra vices : mutabile quid non ? Nec juvat assidue tractare volumina juris , Sive tua O legis COOKE gloria , lausque , paterque . Sive tua O PLOWDEN , quamvis mihi magna v● dent● Sed libet ad doctas animum convertere musas . Dumque alii ●ugis transmittere tempora gaudent , Atque diem BACCHO , vel pictis perdere chartis Dexter APOLLO mihi ( ejus perculsus amore Sacrafero ) Aonia lymphas de fronte propinat . depiction of shepherd with sheep. The Shepherd commending the meanness of his life complains , that since the Heavens and all things else are Governed by a certain rule of Providence , yet that humane affairs go not on in so setled a course , because Good men go backward , and Vice only is rewarded . I am the Man that curbing my desires , And checking passions , which my mind requires , Command more largely and more freely sway , A Scepter , than if Carthage did obey , Or I joyn'd Lydia to the Phrygian shore , And that to th' Indies , hardly known before . Under a little roof with house-hold bread , Securely I a life contented lead , I care not to approach when Trumpets sound , Calling to arms , on rigid Mars his ground . His Playes to me are misery and wo. Nor dare I on the rugged Ocean go , In Ships ; ( a thing forbid ) but Ah! our times Do run more fircely to forbidden crimes : I' st nothing think you , thus to stayn the flood , And fields , through civil War , with noble blood ? But you must adde the sacred blood of Kings ? Fatal to after ages : hoydagings ! Of Law , dread Law ! which yielding now gives place , To arms , and Vertue meets with foul disgrace . But whither now my Boat ? you must contain Your self in Rivers , not run to the Main , Where threatening Rooks with their obscured head Swallow you up , when danger least you dread , When therfote night is vanish't , and the day Appears , inlighten'd with the glorious ray Of regal Sol , arm'd with my Sheep-herds crook , With Bag and Bottle hanging by , I look My Sheep , and to the Fields , whose Green is lost Under the texture of a morning Frost , I drive them : when the Sun advanc't more high , In his Diurnal course through th' arched sky , Makes Grass-hoppers to sing , i th' parched grass . Then to the Rivers or deep lakes I pass , Driving my Flocks to water , which I lead Panting through heat , thence to the loved shade . Where the tall Beech and thicker leaved Oaks Clashing their friendly arms with mutual stroaks Make cooler coverts , under which Lambs please To eat ; to sport , to play , and take their ease , How it delights now on my Pipes to play ! Anon my body on the grass to lay , Seeking to take a nap , while in her song , Pr●●ne bewailing her so grievous wrong In mournfull notes , and all the woody Quīre , With warbling strayns , would perfect my desire . Then , duskish when it grows , I quick arise , And give to Pan a Lamb in sacrifice , Who taught me sacred rimes which while I sing , And lead my Sheep unto the Christal spring , Their Dugs grow full of milk ; but now the Sun Ready to set , the evening Star is come , Lo you , ( to Shepherds so well known ) whose sight Bids us to fold our Flocks and count them right , Lest some perchance strayd out into the Plain , Or broke into the Fields repleat with grayn ; Where being taken they become a prey , To the rude Clown who makes them soon away Or else perhaps they wandring to the Sheep Of some near neigbouring Shepherd , where they keep Among the rest , till now through custome bold , They 'r driven to some strange and unknown fold . Thus , thus I spend my life , and in content Retir'd from the world my days are spent : I thirst not after Rule , nor do I swell With lusting after Kingdoms , I can tell That such ambition's void of all that 's good Stand out for nought , but gorge themselves with blood Ah! who will Faith or Piety approve , If good men be condemned , and such as love Mischief , and Vices , be the only men Set by and rais'd by Fortune from the den Of unknown Stocks ? Yee Guardian Angels of this once blest Land Have you still for our good the same command ? T is true the glistring Stars and heavenly trayn Do still in one continued course remayn The Moon doth still encrease & wax & wane , The Sun keeps on his yearly course whereby The Winter frosts denude the Tree's grown dry ; Which being lately beautified with green , Yielded a shade most pleasant to be seen , The Summers heat ripens the corn , and then It 's heat by Autumne is allay'd agen . But wretched man lives without rule or square , Without proportion all his actions are ; Is Fortune regent that doth blinded go , And with unequal hands her gifts bestow ? Powr acts by will , and will without restraint Doth what ambition teacheth , and the Saint Is banish't from the Court : Oh horrid times ! When [a] Vertue bears the punishment of Crimes : And Wolves pretending harmlesnesse bear sway . Forcing the Britains blindly to obey ; But pious Ah in vain for Gold they hast To th' Indies : True Religion is not plac't In Wealth or Fortune ( surely Heaven denyes Goodness to bad , though prosperous treacheries . ) Who were the fi●st that brought their private wealth For publick Treasure , & as 't were by stealth Made that the lure to sin ? Who first found Gold ? And Pearls ? not willing to be known from Mould . Before that time , no jealousies and fears , No dayly Plots appear'd , no widows tears , Were seen for staughter'd Husbands , no mad rage Of civil war corrupted had the age . No Sword was sharpen'd yet against its King , But uncorrupted Faith did duely bring The People to the Prince with loving zeal ( Blest Omens of a happy Commonweal ) The warlike Trumpet was not yet , no blood , The Wearer , or his Arms had yet embrew'd The Sea was rugged , free the shore , All were contented with a little store They did possess : the greatest of their boast Was to have seen and known their proper coast : But now both Sea and Land are grown too smal To feed our base ambitious minds withal Desire to have and get burns now more fierce Then Aetnae's flames , ( renown'd by Virgils verse ) Stands ought it 'h way ? death shall remove the stock We can bring Kings themselves unto the block If such may be their fate ? O dearest God , How dreadfull are thy Laws ! how sharp thy rod ! Alas ! fool that I was ! I once had thought That just , which now I see is vain and nought . Caesar though oft forewarn'd at last was slain By his own Subjects , a rebellious trayn . But great Augustus on the factious head Of most , revenged Caesar murthered . But Ah! for Martyr'd Charls what man or State Will vengeance seek before it be too late ? O come Great God , we pray thee at the length , For without thee , vain is our help or strength . Let Charls the second in thy care be chief , Guard him , and give to his Affairs relief ; Preserve him safe , and when he will demand His right from English Rebels , guide his hand , Make them to know that thou dost Rule on high , Strike them with Lightning from the thundring Sky . Revenge his Fathers guiltlesse death on them , While there remains or Root , or Branch , or Stem . But whether now my Muse , where wilt thou croud ? Among the Shrubs it fits me best to shroud : And not to climb the Cedar proud and tall , Lest while I seek to rise , I climb to fall , Honor or Hopes calls most men to the Court , Where one being wrought on by the great resort , Is straightway struck , and shortly hopes to be Seen in the City in full Majestie . Another with much labour , toyl , and pain , Would fain climb high , but all his labour 's vain . This courts Gemmes and Gold , nor th'Indians can , Nor Europe sate the hunger of this man , Nor fertile Lybi●s plentifullest store , But as he gets , so still he covers more . Another to the people shews his tayl ; Boasts his descent , that so he may prevayl , To draw the Fish into his Net : and there Another for his valour doth appear , And in the Publique place himself presents , Spoyls of his Foes , his new got Ornaments . A rustick shepherds life doth laugh on me More sweet , than all the lives that be . I , in my meaner way , great things deride : For why , I know the vales have seldome try'd The force of thundring Jove , when mountains high Have trembled at his threatning Majesty . The meat and drink purchas 't by me , is not Bought with the treasure of much goods ill got , My sleep's unguarded , I fear not to dye , But in my little cot securely lye : Not troubled with the noise of men , or drums , No trumpet there or horseman ever comes . Oft when I rife , I sit a little while Upon my fragrant bed of Camomile ; The Strawberries that in the thickets thrive , My faintest hunger serve away to drive : And pleasant apples ( as my Grandsire first ) So do they serve to quench my greatest thirst : While Great ones drink in gold , poison and blood , I drink clear water out of wholsome wood . Thus do . I passe my time , harmlesse to all But birds , for whom I make some new pit-fall . Thus stranger to the world , yet to my self Known , shall I dye , and leave this worldly pelf . But , Sol withdrawing , the approaching night And Starres appearing , do to sleep invite . READER , ACcept these lines , which I have plainly writ Though not adorn'd with curious Art or wit And thou shalt be my Patron , at whose beck My Muse shall hoist her sailes , or give them check So may I chance hereafter to relate Some things more solid , and of greater weight . And as our Palat's pleas'd with various fare , So is our mind with studies choice and rare : All things have changes : ev'n the Law it self May lye and gather cob-webs on the shelf , Though they be thine ( grave Cook ) who didst revise And mend the same , or Plowden grave and wise : But I love various learning , and so do Make it my study , and my pastime too : And thus while others play at Cards , or Drink Away their time , I on Apollo think , And pray his favour , that he will admit Me from the Muses fount to sip some wit. 1659. Yours in all officiousnesse and Love most obliged FINIS . Notes, typically marginal, from the original text Notes for div A60479-e190 St. Pauls . Jo. 18.37 . Notes for div A60479-e1490 * — Nam quis iniqui Tam patiens orbis , tam ferreus ut teneat se ? * A good Remedy , but a bad Cure. Notes for div A60479-e1800 * The Rump , &c. Notes for div A60479-e2410 * The Rump . * Qui Curies simulant & Bacchanalia vivunt . Notes for div A60479-e3650 O the venome of a perpetual Parliament Notes for div A60479-e8880 1 Chron. 21.13 . Paradox 4. Notes for div A60479-e11740 Res publica , signifyeth a whore . Notes for div A60479-e12550 Quid prodest tibi nomen usurpare alie●um & vocari quod non es ? Notes for div A60479-e14840 (a) Note Reader that this Chaos of Religions , hath justed the true Protestant Religion out of doors , so have I seen a flower kill'd by the multitude of weeds , and a Lamb destroyed by a number of Woolves . Notes for div A60479-e21310 a Bradshaw , when he tempted the King alias , at the Kings tryal , but rather his Temptation . Notes for div A60479-e22780 a He will first suffer himself to be murthered at his own door , as was Charls the I. Psa . 72.1 . Psa . 2.12 . Eccles . 8.23 . Zecha . 9.9 . Isa . 49.23 . Rev. 1.6 . Hos . 7.3 . Prov. 29.4 . Prov. 16.12 . Prov 31.4 . Prov. 29.2 . 1 Sam. 15.23 . Prov. 17.11 . Isa . 1 . 2● . Josh . 22.19 . Mark 15.18 . John 19.15 . Mat. 21.38 . Mat. 10.23 Rom , 13.5 . Jude 1.8 , 10 , 11. 2 Pet. 2.10 , 11. Hor. Ode 24. Ambrosius in Orat. contra Auxen . Tom 5. 2 Kings 6 32. (a) witness , the resolution of all the Judges in England , in the reign of Charls the I. &c. For suppose that the Parliament turn Traytors and Rebel against the King , as did the long Parliament , Is it not profitable for the people , and lawful for the King alone , to command money and assistance of his subjects , to subdue the Rebels , and oppose a forein Navy , who are coming to destroy , and swallow up both King and people ? Surely none but a mad-man will deny , but that it is most lawful , just , and the only safety of the people , and their estates . Indeed , as it is the best way for a thief to binde the honest man , he doth intend to robb , so it is the safest , and best way , for that Parliament ( who do intend to murther the King , and take away all that he hath ) to binde the King as fast as they can , to take away his Negative voice , and all his just praerogatives , to make all his legal power , whereby he might withstand their violence , illegal ; Nay , it is their best way to tye the King up from his meat to , make him stand for a Cypher , a meer nothing , that so they being the predominant figures , may chop off his head , or do what they list with him , as did the long Parliament ; who from trespass to high Treason against God and the King , have omitted no offence undone ; But their soundest Doctrine , will prove but Apochrypha , to all honest Parliaments . I do confesse , that except it be in cases of necessity , the King can lay no tallage upon the people , without their consent in Parliament ; and so not shipmoney , which in truth is condemned by the Statutes of 25 E. 1 & 34 E. 1. de Tallagio non concedendo , Dangelit , Englishty , because the King hath restrained his power , by his Statutes . But if the King could not tax the people with shipmony , and other impositions in extrao●dinary cases of necessity , aa when a forein Enemy doth suddenly invade the Land , being invited in by a prevalent faction , in a refractory Parliament , who would ruine themselves and the whole Kingdom , so that they might ruine their King , and fulfill their wicked wills , who will not grant shipmoney , or any thing else to the King , lest he should be provided to oppose them , and defend himself , and the people in safety : I say , that if in this and such like cases , the King may not lawfully lay tallages on the people , and command their assistance , I had rather be a slave , than a King , and should account my self the Vassal of the people , not their King. But in truth , the King cannot denude himself of this power , nor by any Statute or Law , tye himself from it : For it is inseparable from the Crown , Et quod sceptro inhaeret non potest tolli , nisi sublato sceptro , And therefore cannot be taken from the King , unless the Crown with it : which rule the long Parliament have truly verifyed . For when they had taken away his chiefest praerogative , they could not forbear , but presently took off his Crown from his head , and then his head from his shoulders . Sic transit gloria mundi . (e) Aposiopesis est . Notes for div A60479-e30570 * Omnibus esse Lupos licet in regione Lupoporum . Gal. 2.18 . If I build again the things which I destroyed , I make my self a transgressour . Notes for div A60479-e31260 * The strifes and divisions now amongst the Rebels do further the Kings Restauration to his own , of which they robbed him . Notes for div A60479-e32920 Vid. Epist . 2 part of Soveraign power . Inde illis potestas unde spiritus . Tertul . Apol. pa. 6.5 . Co. Lit. 1.12 . l. 7.20 . Notes for div A60479-e37990 4 Inst . 1. 1 Inst . 110 Bodin de Rep. l. c. 8. Camden in Britan. descript . Mat. 26.34 . Luke 22 3 , 4 , 5 , 6. Ovem in fronte , vulpem in corde gerentes . The Nobles which were faithfull to the King , they called Evil Counsellers . Witness their Oath of Supremacy . Dangerous and useless only to their villany . Witnesse all their actions . Bodin li. 2. ca. 5. King Charles his title had been good to the Crown of England , though he had borrowed no part of this Claim from the Conquerour . See reverend Heylin's life of King Charles . Co. Lit. 1. Who then ought to have the Militia but the King ? Co. Lit. 108. Co. Lit. 64. Mr. Howels Philanglus . ● Inst . 25. Summum jus summa injuria . Decl. of the Treaty ; p. 15. 4 Inst . 9. Yet forsooth these the Lowest , set up the Highest Court viz. The high Court of Justice . So Servants may set up a high Court , to try and condemn their Mastets . Asperius nihil est humili cum su●git in altum . 4 Inst . 11. 5 Eli. ca - 1. 4 Inst . 8. 4 Inst . 2. They are dead Members who do not . Davis Irish Rep. so . 90. Jer. 6.16 . Psal . 10.16 29.10.47.2.7.44 4. Cambdens Remains . See 2 Chro. 15 , & 17 , & 29 , & 30 , & 31. Isa . 49.23 . Teste Anglia . Bract. fo . 1. Justin . Institutes , Fleta . Davis Irish Reports , fo . 58. Fitz. n. 6.113.233 . Calvins case , so . 7. 19 E. 4.46.22 E. 4. 25 E. 3.2 . Leges Auredi . ca. 4. Co. Lib. 4.124 . See 3 Inst . pag. 4. and 6. The People declare for a free Parliament , but these Rebels only for themselves . Read his incomparable heavenly Book , which will make thee weep for our loss , but rejoice and admire at his piety . Luk. 11.18 . See their charge against him . Vulgarly called the Secluded Members . So he which playeth at Knave out of doors , getteth the Knave , to beat all the rest of the Cards . Notes for div A60479-e44370 Our Soveraign Charls must be no King , because pious , but Oliver must be a King , because a Rebel . Oh the mystery of their iniqui●y● Though the Kings Nobility might not , yet Cromwels might be a House of Peers . Tristius haud illis monstrum , nec saevior ulla Pestis , & ira Deum Sly●iis sese extulit undis . What pretty names these State Thieys have for their Robberies and Tyranny . viz. The titular Parliament . Alas not for so good a use . I commend you to the History of Independency . Notes for div A60479-e45470 11th . of February 1659. Cressa ne careat pulchra dies aota . Brave for thieves , if they might qualifie their Judges . But I think they can scarce pick out men enough in England , to fill up the House , who will admit of their wicked Qualifications . To be short ( saith Comines ) in mine opinion , of all the Seigneuries in the world , that I know , the Realm of England is the Countrey , where the Commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in Civil war , and alwayes the lot of misfortune falleth upon them that be the Authors of the war. Magnae discordia pereunt concordiavalent You may guesse with what a countenance the Rump looked upon them . Episcopacy was a bulwork against Popery , and other factions , Therfore the Papists and the Factions did batter down that , to make way for their Sects , which they call liberty of conscience . Notes for div A60479-e46920 (a) Rex . (b) O Cromwel . (c) Ironice . [a] The King. O. Cromwel . &c. Ironice . 
A56468	----	A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610. 1681 Approx. 868 KB of XML-encoded text transcribed from 206 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A56468 Wing P568 ESTC R36629 15746532 ocm 15746532 104608 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56468) Transcribed from: (Early English Books Online ; image set 104608) Images scanned from microfilm: (Early English books, 1641-1700 ; 1153:34) A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610. Allen, William, 1532-1594. Englefield, Francis, Sir, d. 1596? [16], 175, [5], 202 [i.e. 204] p., [1] folded leaf of plates : ill. Reprinted at N. with license, [S.l.] : MDCLXXXI [1681] Written by Robert Parsons, under the pseudonym R. Doleman, and approved by Cardinal Allen and Sir Francis Englefield who are sometimes credited as joint authors--cf. DNB v.43, p.415. Originally published in 1594. Running title: A conference touching succession to the crown. "Dedicated to the Right Honourable the Earl of Essex, one of Her Majesties Privy-Council, and of the noble Order of the Garter." Reproduction of original in the Union Theological Seminary Library, New York. Includes bibliographical references. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- Kings and rulers -- Succession. 2005-03 TCP Assigned for keying and markup 2005-11 SPi Global Keyed and coded from ProQuest page images 2006-08 Ali Jakobson Sampled and proofread 2006-08 Ali Jakobson Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion A CONFERENCE About the Next SUCCESSION TO THE Crown of England : Divided into Two Parts . The First containeth The Discourse of a Civil Lawyer ; how , and in what manner Propinquity of Bloud is to be preferred . The Second containeth The Speech of a Temporal Lawyer , about the particular Titles of all such as do , or may pretend ( within England or without ) to the next Succession . Whereunto is also added , A New and Perfect Arbor and Genealogy of the Descents of all the Kings and Princes of England , from the Conquest unto this day ; whereby each mans Pretence is made more plain . Dedicated to the Right Honourable the Earl of Essex , one of Her Majesties Privy-Council , and of the Noble Order of the Garter . Published by R. Doleman . Re-printed at N. with License , MDCLXXXI . The sum of both Parts more in particular . THE first declareth , by many Proofs and Arguments , That the next Propinquity or Ancestry of Bloud alone , though it were certainly known , yet it is not sufficient to be admitted to a Crown , without other Conditions and Circumstances requisite be found also in the person pretendent . THE second examineth the Titles and Pretensions of all such as may have Claim or Action to the Crown of England at this day ; what may be said for them , and what against them . And in the end , though he leave the matter extreme doubtful , as touching the best right , yet he giveth certain Conjectures about some persons that are likest to prevail . To the Right Right Honourable the Earl of Essex , one of Her Majesties Privy Council . TWo principal Causes among others , ( Right Honourable , ) are wont to invite men to dedicate any Book or Treatise to a Person in Authority ; The one , Private Duty and Obligation , the other , Publick Utility , in respect that the Master may concern that Person for the Common Good. And to confess the truth , both of these jointly have moved me at this time to present unto your Honour , above others , the two Books ensuing , which contain a Conference had in Holland not long since , ●●out the Pretences and Pretenders to the Crown of England , as your Honour shall perceive by the Preface of each Book , and therefore hereof I shall need say no more , but only declare the aforesaid two Causes of this Dedication . First then I say , that my particular obligation towards your Honours Person , riseth partly of good Turns and Benefits received by some Friends of mine at your Lordships hands , in your last Voyage and Exploits in France , but principally of far greater Favours receiv'd from your Noble Ancestors , I mean not only your Father whose untimely death was to England no small Wound , but of your Grand-father also , that worthy Knight , Sir Walter Deverux , who though he lived not to come to those Titles of Honour , whereunto he was born ; yet left he behind him so rare a memory for his excellent Parts of Learning , Wit , Feature of Body , Courtesy , and other such Noble Commendations , as none in England perhaps the like in our time , wherein also hath lived your Honours Great Grandfather , Sir Henry Deverux Visconde Ferys well remembred yet by divers of my said Friends obliged unto him as also recorded by our English Histories , as well for his Merits and Worthiness , as in like manner for his Match with the Heir of the most Famous and Noble House of the Bourchers Earls of Essex , whereof also your Honour is known to be descended , and to hold at this day , as well their Nobility of Blood , as Dignity of Title , and this shall serve in this place for my particular obligation , whereof perhaps hereafter upon other occasion I may give further relation and testimony to the World , in token of my Gratitude . But for the second Point of Publick Vtility , I thought no man more fit than your Honour to dedicate these two Books unto , which treat of the Succession to the Crown of England , for that no man is in more high and eminent Place or Dignity at this day in our Realm , than your self , whether we respect your Nobility , or Calling , or Favour with your Prince , or high Liking of the People , and consequently no man like to have a greater part or sway in deciding of this great Affair , ( when time shall come for that determination , ) then your Honour , and those that will assist you , and are likest to follow your Fame and Fortune : And for that it is not convenient for your Honour to be unskilful in a matter which concerneth your Person and the whole Realm , so much as this doth , and finding this Conference had by two Learned Lawyers , to handle the Question very pithily and exactly , and yet with much Modesty , and without offence of any , and with particular affection and devotion to Her Majesty , and with special care of Her Safety : I thought not expedient to let it lie unpublished , as also judged that no Hands were fitter to receive the same , nor any Protection more secure or plausible , than that of your Honour , whom God long preserve in all true Honour and Felicity to the Comfort of Your Lordships Faithful Servants and Clients , and to the Publick Benefit of your Countrey : From my Chamber in Amsterdam this last of December . 1593. Your Honours most Affectionate R. DOLEMAN . The CONTENTS of the first PART . THe Preface containing the occasion of this Treatise , with the subject , purpose , and parts thereof . That Succession to government by nearness of bloud is not by Law of Nature , or Divine , but only by humane and positive Laws of every paticular Commonwealth , and consequently , may upon just causes be altered by the same , Chap. 1. fol. 1. Of the particular form of Monarchies and Kingdoms , and the different Laws whereby they are to be obtained , holden , and governed in divers Countries , according as each Commonwealth hath chosen and established , Chap. 2. f. 12. Of the great reverence and respect due to Kings , and yet how divers of them , have been lawfully chastised by their common-wealths for their misgovernment , and of the good and prosperous success that God commonly hath given to the same , and much more to the putting back of an unworthy pretender . Chap. 3. f. 30. Wherein consisteth principally the lawfulness of proceeding against Princes , which in the former chapter is mentioned , what interest Princes have in their subjects goods or lives : how Oaths do bind or may be broken by subjects towards their Princes : and finally the difference between a good King and a Tyrant Chap. 4. f. 51. Of the Coronation of Princes , and manner of their admitting to their authority , and the Oaths which they do make in the same , unto the Commonwealth , for their good government . Chap. 5. f. 66. What is due to onely succession by Birth , and what interest or right an Heir apparent hath to the Crown , before he is Crowned or admitted by the Commonweath , and how justly he may be put back , if he have not the parts requisite . Chap. 6. f. 98. How the next in succession by propinquity of bloud , have oftentimes been put back by the Commonwealth , and others further off admitted in their places , even in those Kingdoms where succession prevaileth , with many examples of the Kingdoms of Israel and Spain . Chap. 7. f 113. Of divers other examples out of the States of France and England , for proof that the next in bloud are sometimes put back from succession , and how God hath approved the same with good success . Chap. 8. f. 132. What are the principal points which a Commonwealth ought to respect in admitting or excluding any Prince , wherein is handled largely also of the diversity , of Religions , and other such Causes Chap. 9. f. 158. The CONTENTS of the second Book . T●● Preface with the intention and protestation of the Lawyer to treat this matter without the hurt or prejudice of any . 〈◊〉 divers 〈◊〉 and treatises that have been written heretofore 〈◊〉 the 〈◊〉 of such as pretend to the Crown of England , and 〈◊〉 they do contain in favour or disfavour of divers pretenders Cha● . 1. ●ol . 1. Of the Succession of the Crown of England from the conquest 〈◊〉 other 〈…〉 the III. with the begnning of three principal lineages of the English bloud Royal , dispersed into the House , of Britany , Lancaster and York . Chap. 2. f. 10. Of the Succession of English Kings from King Edward the III. unto our days , with the particular causes of dissention between the Families of York and Lancaster more largely declared . Chap. 3. f ▪ 3●0 . Of the great and general controversie and contention between the said two Houses Royal of Lancaster and York , and which of t●●m may s●●m to have had the better right to the Crown , by way of 〈◊〉 . Chap. 4 f. 44. Of 〈◊〉 principal and particular houses of lineages that do or ●ay pretend to the Crown of England at this day , which are the House of Scotland , of 〈◊〉 , of Clarence , of Britanny , and of Port●●●l ; and first of all the causes of Scotland , which containeth the pretentions of the King of Scots , and of the Lady Arabella . Cha● . 5. f. ●● . Of the 〈◊〉 of ●uff●lk containing the claims as well of the Counte●● of Dari● ●nd of her Children , as also of the Children of the Earl of 〈…〉 . 6 f. 101. Of the House of 〈…〉 and Britany , which containeth the claims of the Earl of H●●●●●gton , and of the Lady Infanta of Spain , and others of these two Families . Chap. 7. f. 110. Of the House of Portugal which containeth the ●laim● as well of the King and Prince of Spain to the Succession of England , as also of the Du●● of Parma and Br●ga●s● by the House of Lancaster . Chap. 8. f. 1●4 . Whether it be better to be 〈◊〉 a forrain or home-born Prince , and whether under great an ●●●ghty Monarch , or under a little 〈…〉 . Chap. 9. f. 150 Of ●ert●●n other secondary or collateral lines and how extreme d●ub●f●ll all the pretences ●e , and which of all these p●enders are must like by probability to prevail in the end , and to get the Crown of England . Chap. 10. f. 113. The Preface , containing the occasion of this , Treatise with the subject , purpose , and parts thereof . THere chanced not long ago ( I mean in the months of April and May of this last year 93. ) to meet in Amsterdam in Holland , certain Gentlemen of divers Nations , qualities and affections , as well in Religion as otherwise : ( yet the most part English and Irish ) and they had been in divers Countries , studied different Arts , and followed unlike professions : some of Soulders , some of Lawyers both Temporal and Civil , others of meer travellers to learn experience and policy : And for that the advice which daily came from England at that time , ( the Parliament being then in hand ) gave occasion to discourse of English affairs , they fell into divers points concerning the same : but yet none was treated so largely or so seriously , as was the matter of succession and competitors to the Crown , for that it was presumed a great while , that some thing would be determined thereof in that Parliament , though one or two of the wisest of that company , held ever the contrary opinion . But when at length news was brought , that nothing at all had been done therein , but rather that one or two ( as was reported ) had been checked or committed for speaking in the same : then came it in question among the Gentlemen , what should be the cause of such proceeding in a matter so weighty and so necessary for all English men to know ? But two Gentlemen Lawyers of the company , one of the common Law , and the other a Civilian , alledged so many reasons for justifying the Queens Majesties doings in this behalf , as all did seem satisfied : for that it was made plain , that it could not stand with the safety either of Her Majesty , or of the Realm , or of the party himself who should be preferred , that any declaration of Heir apparent should be made , during the life of Her Majesty that now is , how dangerous soever the delay thereof may be esteemed for the time to come . And so the end of this Speech brought in presently the beginning of another , to wit , what were like to be these dangers , and who might be likest of the pretenders to prevail after Her Majesty ; about which matter , there was much discoursed by divers Parties , but the conclusion of all was , that both these points remained very doubtful , but much more the second , who should prevail , of the competitors , which they said , did make the former point less doubtful of the multitude of dangers , that thereby did hang over the Commonwealth of England , though it wanted not doubt also in particular , what and where they should fall , for ( said they ) wheresoever many pretenders of the bloud Royal are known to be competitors to a Crown , there cannot chuse but many perils also must be imminent to the Realm . To this , one of the company said , that he did not see how there could be either so many pretenders to the Crown as the day before had been spoken of in that place ( for the Common Lawyer before named newly come out of England , had told them that he had heard of some 9. or 10. or more Plots that were debated within the Realm , for so many pretenders ) or if there were any such great number descended of the Bloud Royal , yet their titles could not be so doubtful , seeing it was an easie matter to discern , who was next in discent of bloud , and who not . Not so easie , quoth this Gentleman Lawyer , for that although it cannot be denied , but that there is among all such as may pretend at this day , a certain known order and degree of nearness in bloud to some King or Queen that hath possessed the Crown before them : and in this discent it is known also commonly , who descendeth of the elder house , and who of the younger , and other such like vulgar circumstances : yet notwithstanding , for that there be many other points considerable in this affair , as the right of the first stock , whereof each part doth spring , the disableing of the same stock afterwards by attainders or otherwise : the Bastardies or other particular impediments that may have fallen upon each discent or branch thereof : all these things ( said he ) may alter the course of common supposed right , in him or her , that is taken to be next in bloud , as proving them not to be truly and lawfully the nearest , though they be the next in degree . As for example ( said he ) the whole multitude of competitors or pretendors which I conceive may come in consideration , or have action or claim to the Crown after her Majesty that now is , may be reduced to three or four first heads or principal stocks , to wit , to the House of Lancaster , a part , as descended of John of Gant Duke of Lancaster by his first Wife Blanch , sole Heir of the Dutchess of Lancaster . And of this branch or stock the most known off ▪ spring in these our days are those Princes that are lineally descended of Don Juan the first sirnamed de bona memoria , tenth King of Portugal , who married with Philippa the eldest Daughter of the said John of Gant by his first Wife Blanch : and these Princes are King Philip of Spain now King also of Portugal , and the Duke of Parma and Braganza , who descended of the same race , as also the Duke of Savoy on degree after them . The second stock is of the house of York a part , descended of George the Duke of Clarence second Brother to King Edward the fourth , who being put to death by the Kings order in Cales ; left a daughter by whom were descended the Earl of Huntington with his Brothers , which also have children , and the off ▪ spring of Geffry Pole and Sir Thomas Barrington who married the other Sister of her that was married to the Hastings . The third stock was in King Henry the seventh , who being himself of the house of Lancaster and marrying the eldest daughter of Edward the fourth of the house of York , is presumed to have joyned these two houses together , and from this man by his two daughters ( for of his Son who was King Henry the eighth there remaineth only the Queen that now is ) there hath proceeded the house of Scotland divided into the families of the King of Scots and Arabella , as also the Progeny of the two Earls yet living of Hartford and Darby . Vnto these three heads , which are commonly known to all men , some of our days do add also a fourth , which may seem more ancient then either of these three , to wit by the Duke of Britany , who are descended divers ways of the bloud royal of England as may easily be declared , whose Heir at this day by lineal descent is the Infanta of Spain named Dona Isabella Clara Eugenia daughter to King Philip. So that hereby we come to discover , no less then ten or eleven families that may pretend , and have all of them friends in England , and else where ( as yesterday I told you ) who do not fail in secret to negotiate and lay plots for them , for that there are none of these , so far off , but to their friends it seemeth ( the times standing as they do ) that reasons may be given for their preferment , and good hope conceived of prevailing . You do well to add ( said a Captain there present ) the times standing as they do , or at leastwise as they are like to stand , when this matter must come to tryal , at what time , I believe , not you Lawyers , but we Souldiers must determine this title , and then ( no doubt ) if there were not only these ten by you named , but twenty more also of the Bloud Royal , that would pretend , and had friends and money to stand by them , we should admit their causes to examination , and perhaps give sentence for him , that by your laws would soonest be excluded , for when matters come to snatching ▪ it is hard to say who shall have the better part . I do not add this circumstance of the time ( said the Lawyer ) as though it were the only or principal point which maketh doubtful the matter of Succession , though I confess that helpeth thereunto greatly , in respect of the great variety of mans affections at this day in Religion , which do decline them commonly to judge for him whom they best love : but besides this , I do say , that were the times never so quiet , and Religion never so uniform , yet are there great doubts in many mens heads , about the lawfulness of divers Petitions of the Families before-named ; but if you add unto this ; the said wonderful diversity in matters of Religion also , which this time yieldeth : you shall find the event much more doubtful ; and consequently it is no marvel though many may remain in hope to prevail , seeing that where many are admitted to stand for a preferment , there divers may have propability also of speeding . An example you may take ( said the Civilian Lawyer ) in the Roman Conclave , at the Popes election , where , among three or four score Cardinals that enter in for Electors , few there are that have not hope also to be elected ; not for that they see themselves , all well qualified as others , but because often times , when divers that are more forward , by likelyhood cannot be agreed upon : it falleth to the lot of him that is farthest off , and so it may among your pretenders ( quoth he ) in England . Your example ( said the Temporal Lawyer ) confirmeth somewhat of that I mean , though it be not altogether in like matter , or manners ; for that the Pope is made by Election , and here we talk of a King by Succession . Your Succession , said the Civilian , includeth also an Election or approbation of the common-wealth , and so doth the succession of all Kings in Christendom besides , as well appeareth by the manner of their new admision at their Coronations , where the people are demanded again , if they be content to accept such a man for their King : though his title of nearness by bloud be never so clear . And therefore much more it is like to be in this case of English pretenders now , where their lawful nearness in bloud is so doubtful , as you have signified ; and so I do come to confirm your former proposition , of the doubtfulness of the next Successor in England , with another reason besides that which you have alledged of the ambiguity of their true propinquity in bloud : for I say further , that albeit the nearness of each mans succession in bloud , were evidently known , yet were it very uncertain ( as things now stand in England and in the rest of Christendom round about ) who should prevail , for that it is not enough for a man to be next only in bloud , thereby to pretend a Crown , but that other circumstances also must concur ; which if they want , the bare propinquity or ancestry of bloud may justly be rejected , and he that is second , third , fourth , fifth or last , may lawfully be preferred before the first , and this by all Law both divine and human , and by all reason , conscience , and custom of all Christian Nations , To this said the temporal Lawyer , you go further ( Sir ) then I had meant to do or did conceive of the matter , for my meaning only was to shew how many pretenders there be to the English Crown at this day , and how doubtful the pretenders of divers of the chief of them be , in respect of the many exclusions , stops and heats that their adversaries or fellow competitors do lay against them : and now you do add further , that albeit these stops were taken away , and their propinquity in bloud were manifest , yet for other considerations the course of the next succession by birth may be justly altered , upon such considerations as you insinuate , that the English may have in the admission of their next King or Queen ; after her Majesty that now is , which indeed ( if it be true ) maketh the matter of succession much more doubtful , then I pretended , which I confess I have not so much studied or thought of , for that our common law goeth no further ordinary , then to the next Successor in bloud , to consider whether he be lawfully descended or no , thereby to give him the Crown . I confess ( said the Civilian ) that ordinary neither your law , nor ours doth go any further , especially in those Realms where the government goeth by succession of bloud , which I think to be best of all other ways ; but yet there may hapen out such extraordinary cases sometimes , against this ordinary rule , as your common law must needs take also consideration of them , except it will be contrary to all other law and reason , both divine and humane ; as for example , if it should fall out , that the next in bloud should be a natural fool or a mad-man : if he should be taken by Turks or Moors in his infancy and brought up in their religion , and would maintain the same in your Country , with all his forces , and other like urgent cases , wherein it is not probable , but that your common law must needs have further consideration , then of the bare propinquity of bloud only , for that otherwise it should be a very imperfect law , that hath not provided for accidents so weighty and important , as these are , for saving and conserving of your common-wealth . At this speech , the residue of the company began to smile , to see the two Lawyers grow into some heat and comparison of their professions . But yet for that both their asseverations , did tend to prove one thing , which was the first proposition set down , to wit , that the next successor of England must needs be very doubtful : they rrquested them both with very great instance , that each one would be content to prove his assertion a part , to wit , the temporal Lawyer to shew that the titles and pretenions of all those ten or eleven families of the English bloud Royal , which remain at this day , are ambigous and doubtful , according to the common laws of England : and the Civilian to declare that albeit their titles by succession were clear , yet that as things stand now in that Realm , and other Countries near adjoyning , there may be a great doubt which of them shall prevail . This I say , was the request of the whole company , and the Lawyers were content to take it upon them , and according to these two points it was agreed that the whole speech or conference , should be divided into two parts , and the Civil Lawyer , should begin first , for that it seemed , that his assertion , being well declared and proved , would give much light to the other ; and so he promised to do , and to be as brief , clear and perspicuous as he might , and to reduce all that he would say to certain principal heads and chapters , thereby the better to be understood and remembred ; and so he began in manner and form following . CAP. I. That Succession to Government by nearness of Blood , is not by Law of Nature and Divine , but only by Humane and Positive Laws of every particular Common-wealth , and consequently may upon just causes be altered by the same . THe examples before alledged , ( said the Civil Lawyer ) of a Mad or Furious Heir apparent , or of one that were by Education a Turk or Moor in Religion , or by nature deprived of his Wit , or senses , do plainly prove that propinquity of Birth or Blood alone , without other circumstances , is not sufficient to be preferred to a Crown : for that no Reason or Law , Religion or Wisdom in the World , can admit such persons to the Government of a Common-wealth , by whom no good , but destruction may be expected to the same ; seeing that Government was ordained for the benefit of the weal-publick , and not otherwise . And albeit some one or two in these our days have affirmed the contrary , and publisht the same in Writing for the defence , flattery , or advancement of some Prince whom they favour , affirming that even a Fool , Mad or Furious man , or otherwise so wicked as he would endeavour to destroy the Common-wealth , were to be admitted to the Seat-Royal , without further consideration , if he be next in Blood : Yet this is so manifestly against all reason , and Conscience , and against the first end and purpose of Institution of Commonwealths , and Magistrats , as it shall not need to be refuted in this place , albeit afterwards there will not want place and commodity for the same . Hereof it doth ensue , that some other conditions also must needs be requisite , for coming to Government by Succession , besides the only propinquity or priority in Blood , and that these conditions must be assigned and limited out by some higher authority then is that of the Prince himself , who is bound and limited thereby , and yet it seems evident they are not prescribed by any Law of Nature or Divine , for that then they should be both immutable , and the self-same in all Countries ; ( as God and Nature are one , and the same to all , without change , ) where notwithstanding we see , that these conditions and circumstances of succeeding by Birth , are diverse or different in different Countries ; as also they are subject to changes according to the diversity of Kingdoms , Realms , and People , as after shall be shewed more in particular , whereby we are forced to conclude that every particular Countrey and Commonwealth hath prescribed these conditions to it self , and hath authority to do the same . For better proof whereof , it is first of all to be supposed , that albeit sociability or inclination to live together in company , Man with Man , ( whereof ensueth both City and Common-wealth , as Aristotle gathers in his first Book of Politiques ) be of nature , and consequently also of God , that is author of nature : Though Government in like manner , and Jurisdiction of Magistrates , which doth follow necessarily upon this living together in company ; be also of nature , yet the particular form or manner of this or that Government , in this or that fashion , as to have many Governours , few , or one ; and these either Kings , Dukes , Earls , or the like : Or that they should have this or that Authority , more or less , for longer or shorter time , or be taken by Succession or Election , themselves and their Children , or next in Blood ; All these things ( I say ) are not by Law either Natural or Divine , ( for then as hath been said , they should be all one in all Countries and Nations , seeing God and Nature is one to all ) but they are ordained by particular positive Laws of every Country , as afterwards more largely shall be proved . But now that Sociability in mankind , or inclination to live in company , is by Nature , and consequently ordained by God , for the common benefit of all , is an easie thing to prove ; seeing that all ground of Realms and Common-wealths dependeth of this point , as of their first Principle , for that a Common-wealth is nothing else but the good Government , of a multitude gathered together , to live in one ; And therefore all Old Philosophers , Law-makers , and Wise men , that have treated of Government or Common-wealths ; as Plato in his ten most Excellent Books , which he wrote of this matter , Intituling them , Of the Common-wealth , and Marcus Cicero that Famous Councellor in other six Books that he Writ of the same matter , under the same Title . And Aristotle , that perhaps excelleth them both , in eight Books which he called his Politiques ; all these I say do make their entrance to treat of the Commonwealth Affairs , from this first principle , to wit , That man by Nature is Sociable , and inclined to live in Company ; Whereof do proceed , first , all Private Houses , then Villages , then Towns , then Cities , then Kingdoms and Common-wealths . This ground and Principle then do they prove by divers evident reasons ; as first , for that in all Nations , never so wild or barbarous , we see by experience , that by one way or other , they endeavour to live together , either in Cities , Towns , Villages , Caves , Woods , Tents , or other like manner , according to the custom of each Country , which universal instinct could never be in all , but by impression of Nature it self . Secondly , They prove the same , by that the use of Speech is given to man for this end and purpose ; for that little available were this priviledge of Speaking , if men should live alone and converse with none . Thirdly , Not only Aristotle , but Theophrastus , also Plutarch , and others do confirm the same , by the poor estate and condition , wherein man is born , more infirm then any other creature , though by Creation he be Lord and Governour of all the rest ; for whereas each other Creature is born in a certain sort Armed and Defended in it self , as the Bull with his Horns , the Bore with his Tusks , the Bear and Woolf with their Teeth , the Bird with her Feathers against the Cold , and with her Wings to fly away , the Hart and Hare with their Swiftness , and the like ; only man is born Feeble and Naked , and not able to provide and defend himself in many years , but only by the help of others , which is a token that he is born to live in Company and to be holpen by others , and this not only for his necessity and help at his Beginning whilst he is in his Imbecility , but also for his more Commodious living in the rest of his days afterwards , seeing no man of himself is sufficient for himself , and he that liveth alone can have no benefit of others , or do any to others ; wherefore wittily said Aristotle in the second Chapter of his Book of Politiques , That he which flieth to live in Society , is either , Deus aut Bellua , a God or a Beast ; for that either he doth it because he hath no need of any which is proper to God , or else for that he will do good to none , and seeleth not that Natural Instinct , which man hath to live in Conversation , which is a sign rather of a beast then of a man. Cicero doth add another reason for this purpose , to wit , the use of certain principal vertues given unto man , but principally Justice and Friendship , which should be utterly in vain , and to no utility , if man should not live in company of others , for seeing the office of Justice is to distribute to every one his own ; where no number is , there no distribution can be used , as also neither any act of Friendship , which yet in the Society of man is so necessary and usual , ( says this excellent man , ) Vt nec a●ua , nec igne , nec ipso sole pluribus in locis utamur , quam amicitia , that we use neither Water , nor Fire , nor the Sun it self in more places or occasions then Friendship . And to this effect , of using Friendship , Love and Charity the one towards the other , do Christian Doctors also , and especially St. Augustine in his Book of Friendship , reduce the institution of this natural instinct of living in Company ; which seemeth also to be confirmed by God himself in those words of Genesis , Dixit quoque Dominus Deus : non est bonum hominem esse solum , faciamus , ei adjutorum , simile sibi . God said , it is not good that man should be alone , let us make unto him , a help or assistant like unto himself , of which words is deduced that as this first society of our first Parents , was of God , and for so great purpose as here is set down , the one to be holpen by the other : So all other Societies in like manner which grow of this first , stand upon the same ground of Gods ordination for the self same end of mans utility . And I have been the longer in speaking of this natural instinct to Society , for that it is the first fountain of all the rest , that ensueth in a common-wealth as hath been said : For of this come Families , Villages , Towns , Castles , Cities , and Common-wealths , all which Aristotle in his Books before-named , doth prove to be of nature ; for that this first inclination to live together , ( whereof all those other things do spring , ) is of nature , as hath been declared . Out of this , is the second point before mentioned deduced , to wit , that Government also , Superiority , and Jurisdiction of Magistrates , is likewise of nature , for that it followeth the former ; and seeing that it is impossible for men to live together with help and commodity of the one , to the other , except there be some Magistrate or other to keep order among them , without which order there is nothing else to be hoped , for as Job sayeth , But Horror and Confusion , as for example ; wheresoever a multitude is gathered together , if there be not some to repress the insolent , to assist the impotent , reward the vertuous , chasten the outragious , and minister some kind of Justice and Equality unto the Inhabitants : Their living together would be far more hurtful , then their living asunder ; for that one would consume and devour the other ; and so we see , that upon living together followeth of necessity some kind of Jurisdiction in Magistrates , and for that the former is of nature , the other also is of nature . All which is confirmed also by the consent and use of all Nations throughout the world , which general consent , Cicero calleth , ipsius vocem naturae , the voice of nature her self : for there was never yet Nation found either of ancient time , or now in our days , by discovery of the Indies , or else where , among whom men living together , had not some kind of Magistrate or Superior , to govern them , which evidently declareth that this point of Magistrates is also of Nature , and from God that created Nature , which point our Civil Law doth prove in like manner in the very beginning of our digests , where the second Title of the first Book is , de origine juris civilis & omnium magistratuum , of the beginning of the Civil Law , and of all Magistrates , which beginning is referred to this first principle of Natural Instinct and Gods Institution : And last of all , that God did concur also expresly with this Instinct of Nature , our Divines do prove by clear testimony of Holy Scripture , as when God saith to Solomon , By me Kings do Reign , and St. Paul to the Romans avoucheth , That Authority is not but of God , and therefore he which resisteth Authority , resisteth God. Which is to be understood of Authority , Power or Jurisdiction in it self , according to the first Institution ; as also when it is lawfully laid upon any person , for otherwise when it is either wrongfully taken or unjustly used , it may be resisted in divers cases , as afterwards more particular shall be declared , for then it is not lawful Authority . These two points then are of Nature , to wit , the Common-wealth , and Government of the same by Magistrates ; but what kind of Government each Common-wealth will have , whether Democretia ? which is Popular Government by the People it self , as Athens , Thebes , and many other Cities of Greece had in old time , and as the Cantons or Switzers at this day have : Or else Aristocretia , which is the Government of some certain chosen number of the Best ; as the Romans many years were governed by Councels and Senators , and at this day the States of this Countrey of Holland do imitate the same , or else Monarchia , which is the Regiment of one , and this again either of an Emperor , King , Duke , Earl or the like : These particular Forms of Government ( I say ) are not determined by God or Nature , as the other two points before , for then they should be all one in all Nations as the other are , seeing God and Nature are one to all , ( as often hath been said ) but these particular Forms are left unto every Nation or Countrey to chuse that Form of Government , which they shall like best , and think most fit for the Natures and conditions of their people , which Aristotle proveth throughout all the second and fourth Books of his Politiques , very largely laying down divers kinds of Government in his days ; as namely in Greece that of the Milesians , Lacedemonians , Candians , and others , and shewing the causes of their differences , which he attributeth to the diversity of mens Natures , Customs , Educations and other such causes , that made them make choice of such or such Forms of Government . And this might be proved also by infinite other examples , both of times past and present , and in all Nations and Countries , both Christian and otherwise , which have not had only different Fashions of Governments the one from the other , but even among themselves , at one time , one form of Government , and another at other times : For the Romans first had Kings , and after rejecting them for their Evil Government , they chose Councils , which were two Governours for every year , whose Authority yet they limited by a multitude of Senators , which were of their Council ; and these mens power was restrained also by adding Tribunes of the people , and some time Dictators , and finally they came to be governed last of all by Emperors . The like might be said of Carthage in Africa , and many Cities and Common-wealths of Greece , which in divers Seasons , and upon divers Causes have taken different Forms of Government to themselves . The like we see in Europe at this day , for in only Italy , what different Forms of Government have you ? Naples have a King for their Soveraign , Rome the Pope , and under him one Senator , in place of so many as were wont to be in that Common-wealth . Venice and Genua have Senators and Dukes , but little Authority have their Dukes . Florence , Farara , Mantua , Parma , Vrbin and Savoy , have their Dukes only , without Senators , and their power is absolute . Milan was once a Kingdom , but now a Dukedom ; the like is of Burgundy , Lorain , Bavire , Gascony , and Britain the lesser , all which once had their distinct Kings , and now have Dukes for their Supream Governours . The like may be said of Germany , that many years together had one King over all , which now is divided into so many Dukedoms , Earldoms , and other like Titles of Supream Princes . But the contrary is of Castile , Aragon , Portugal , Barcelona , and other Kingdoms this day in Spain , which were first Earldoms only , and after Dukedoms , and then Kingdoms , and now again are all under one Monarchy . The like is of Bohemia and Polonia , which were but Dukedoms in old time , and now are Kingdoms . The like may be said of France also after the expulsion of the Romans , which was first a Monarchy , under Pharamond their first King , and so continued for many years under Clodion , Merovys , Childrik and Clodovaeus there first Christened Kings , but after they divided it into four Kingdoms , to wit , one of Paris , another of Soissons , the third of Orleans , and the fourth of Metts , and so it continued for divers years , but yet afterwards they made it one Monarchy again . England also was first a Monarchy under the Brittains , and then a Province under the Romans , and after that divided into seven Kingdoms at once under the Saxons , and now a Monarchy again under the English , and all this by Gods permission and approbation , who in token thereof , suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times , as first under Patriarchs Abraham , Isaac and Jacob , then under Captains , as Moses , Joshua , and the like , then under Judges , as Otheniel , Aiod and Gideon , then under High Priests , as Hely and Samuel , then under Kings , as Saul , David and the rest , and then under Captains and High Priests again , as Zorobabel , Judas , Machabeus , and his Brethren , until the Government was lastly taken from them , and they brought under the power of the Romans , and Forraign Kings appointed by them . So as of all this , there can be no doubt , but that the Common-wealth hath power to chuse their own Fashion of Government , as also to change the same upon reasonable causes , as we see they have done in all times and Countries ; and God no doubt approveth what the Realm determineth in this point , for otherwise nothing could be certain , for that of these changes doth depend all that hath succeeded sithence . In like manner is it evident , that as the Common-wealth hath this authority to chuse and change her Government , so hath she also to limit the same with what Laws and Conditions she pleaseth , whereof ensueth the great diversity of Authority and power which each one of the former Governments hath , as for example , the Councils of Rome were but for one year , other Officers and Magistrates were for more or less time , as their Common-wealth did alot them : The Dukes of Venice at this day are for their Lives ; ( except in certain cases , wherein they may be Deposed ) and those of Genua only for two years , and their Power ( as I have said ) is very small , and much limited , and their Heirs have no claim or pretence at all after them to that Dignity , as the Children and next of Kin of other Dukes of Italy have , though in different sort also : For that the Dukedoms of Farara , Vrbin and Parma are limited only to Heirs Male , and for defect thereof , to return to the Pope or See of Rome ; Florence and Mantua for like dedefects are to return to the Empire , and do not pass to the Heirs Female , or to the next of Kin , as Savoy , and some others do . And now if we respect God and Nature , as well might all these Governments follow one Law , as so different , for that neither God nor Nature prescribeth any of these particular Forms , but concurreth with any that the Common-wealth it self appointeth ; and so it is to be believed , that God and Nature concurred as well with Italy when it had but one Prince , as now when it hath so many , and the like with Germany , and the like also with Switzerland , which once was one Common-wealth only under Dukes and Marquesses of Austria , and now are devided into thirteen Cantons or Common-wealths , under Popular Magistrates of their own , as hath been said : So as when men talk of a Natural Prince , or Natural Successor , ( as many times I have heard the word used , ) if it be understood of one that is born within the same Realm or Countrey , and so of our own natural blood , it hath some sense , though he may be both good or bad , ( and none hath been worse or more Cruel many times then home born Princes : ) But if it be meant as though any Prince had his particular Government or Interest to succeed by Institution of Nature , it is ridiculous , for that Nature giveth it not , as hath been declared , but the particular Constitution of every Common-wealth within it self ; and so much for this first point , which must be the ground to all the rest that I have to say . CHAP. II. Of the Form of Monarchies and Kingdoms in Particular , and the different Laws , whereby they are to be Obtained , Holden and Governed in divers Countries , according as each Commonwealth hath Chosen and● Established . ALL that hitherto hath been spoken , hath appertained to all Princely and Supream Government in general , but now for that our matter in question , is concerning the Succession to a Kingdom ; good reason that we should reduce our Speech unto this Form of Government in particular . First of all then , is to be considered , that of all other Forms of Government , the Monarchy of a King in it self , appeareth to be the most excellent and perfect ▪ and so doth hold not only Aristotle in his forenamed Books of Politiques , and namely in his third ; ( with this only condition , that he govern by Laws , ) but Seneca also and Plutarch in his Morals , and namely in that special Treatise wherein he dicusseth , An seni sit Respub : tractanda , whether an old man ought to take upon him the Government of a Common-wealth or no : Where he saith that , Regnum inter omes Respub : consumatissima & prima est , a Kingdom is the most perfect Common-wealth among all other , and the very first : That is to say , the most perfect , for that it hath most Commodities and least inconveniences in it self , of any other Government ; and it is the first of all other , for that all people commonly made this choice at the beginning of this kind of Government , so as of all other it is most Ancient , for so we read that among the Syrians , Medes and Persians , their first Governours were Kings : and when the Children of Israel did ask a King at the hands of Samuel , which was a thousand years before the coming of Christ , they alleadged for one reason , that all Nations round about them had Kings for their Governours ; and at the very same time , the chiefest Cities and Commonwealths of Greece , as the Laceaemonians , Athenians , Corinthians and others , whereof divers afterwards took other Governments unto themselves , for the abuses in Kingly Government committed ; at that time were governed by Kings as at large proveth Dionysius Halicarnessas , Cornelius Tacitus , Cicero and others . The Romans also began with Kings , as before I have noted , and the reason of this is , for that as our Christian Doctors do gather , ( especially St. Hierome and St. Chrisostom ) this kind of Government resembleth most of all the Government of God , that is but one : it representeth the excellency of one Sun that lighteth all the Planets , of one Soul in the Body that governs all the Powers and Members thereof ; and finally they shew it also to be most conform unto Nature , by example of the Bees which do chuse unto themselves a King , and do live under a Monarchy as the most excellent of all other Governments ; to which purpose also I have heard alleadged sometimes by divers those words of St. Peter , Subjecti estoti omni humanae creaturae propter Deum , sive regi quasi precellenti : sive ducibus ab eo missis , &c ▪ Be you subject of every humane creature , for Gods cause , whether it be to a King , as the most excellent , or to Dukes sent by God for the punishment of evil men , and praise of the good . Out of which words some do note two points ; first that as one the one side the Apostle doth plainly teach that the Magistrates authority is from God , by his first institution , in that he sayeth , we must be subject to them for Gods cause ; so on the other side , he calleth it a humane Creature , or a thing created by man for that by mans free choice this particular Form of Government ( as all other also ) is appointed in every Common-wealth , as before hath been declared : And that by mans Election and consent , the same is laid upon some particular man or woman , according to the Laws of every Countrey , all which maketh it rightly to be called both a humane creature , and yet from God. The second point which divers do note out of these words , is , that St. Peter calleth a King most excellent , which though it may be understood in respect of the Dukes Authority , whereof immediatly there followeth mention : Yet may it seem also to be taken and verified of Kingly Authority , in respect of all other Governments , seeing that at this time when the Apostles write this Epistle , the chief Governour of the World , was not called King , but Emperor ; and therefore seeing in such a time St. Peter affirmeth the state of Kingly Government to be most excellent , it may seem he meant it absolutely , signifying thereby that this is the best kind of Government among all others ; though to confess the truth between the Title of King and Emperor , there is little or no difference in substance , but only in name , for that the Authority is equal , every King is an Emperor in his own Kingdom . And finally the excellency of this Government above all other , is not only proved by the perfection thereof in it self , as for that it is most Ancient , Simple and conform unto Nature , and most resembling the Government of God himself , as hath been said , but by the effects also and utility that it bringeth unto the Subjects , with far less Inconveniences then any other Form of Government whatsoever , if we compare them together : For in the Monarchy of one King , there is more Unity , Agreement and Conformity , and thereby also celerity in dispatching of business , and is defending the Common-wealth , then where many heads be , less Passions also in one man then in many ; as for example in Democratia , where the Common people do bear the chief sway , which is Bellua multorum capitum , as Cicero wisely said , that is , a beast of many Heads , there is nothing but sedition , trouble , tumults , outrages and injustices committed upon every little occasion , especially where Crafty and Cunning men may be admitted to insense or asswage them with Sugred words , such as were the Orators in Athens , and other Cities of Greece , that had this Government , and the Tribunes of the people of Rome , and other such popular and plausible men , who could move the waves , raise up the winds , and inkindle the fire of the vulgar peoples affections , passions or furies at their pleasure ; by which we see that of all other Common-wealths , these of Popular Government have have soonest come to ruine , which might be shewed not only by old examples of Greece , Asia and Africa , but also of many Cities in Italy , as Florence , Bolonia , Siena , Pisa , Arezzo , Spoleto , Perugia , Padua and others , which upon the fall or diminution of the Roman Empire ( under which they were before ) took unto themselves Popular Governments , wherein they were so tossed with continual Sedition , Mutinies , and banding of Factions , as they could never have end thereof , until after Infinite Murthers , Massacres and Innundation of Blood , they came in the end to be under the Monarchy of some one Prince or other , as at this day they remain : so that of all other Governments this is the worst . The second Form , which is called Oligarchia or Aristocratia ( for that a few and those presumed to be the best , are joyned together in Authority , ) as it doth participate some thing of both the other Governments , to wit , of Monarchia and Democratia , or rather tempereth them both ; so hath it both good and evil in it , but yet it inclineth more to the evil ; for the disunion that commonly by mans infirmity and malice , is among those heads , for which cause the States before-named of Venice and Genua , which were wont to have simply this Government of Aristocratia , in that their Regiment was by certain chuse Senators , were inforced in the end to chuse Dukes also , as Heads of their Senates for avoiding of dissention , and so they have them at this day , though their authority be but small as hath been said . We see also by the examples of Carthage and Rome , where Government of Aristocratia took place , that the Division and Factions among the Senators of Carthage , was the cause why Aid and Succour was not sent to Hannibal their Captain in Italy , after his so great and Important Victory at Cannas , which was the very cause of the saving of the Roman Empire , and the loss of their own . As also afterwards the Emulations , Discord , and Disunion of the Roman Senators among themselves in the Affairs and Contentions of Marius and Silla , and of Pompey and Caesar , was the occasion of all their destruction , and of the Common-wealth with them . Evident then it is , that of all other Governments , the Monarchy is the best , and least subject to the Inconveniences that other Governments have ; and if the Prince that governeth alone , and hath Supream Authority to himself , as he resembleth God in this point of sole Government , so could he resemble him also , in Wise , Discreet , and Just Government , and in ruling without Passion ; no doubt , but that nothing more excellent in the world could be desired for the perfect felicity of his Subjects ; but for that a King or Prince is a man as others be , and thereby not only subject to errors in Judgment , but also to passionate affections in his will ; for this cause it was necessary that the Commonwealth , as it gave him this great power over them , so it should assign him also the best helps that might be , for directing and rectifying both his will and judgment , and make him therein as like in Government to God , whom he representeth , as mans frailty can reach unto . For this consideration they assigned to him first of all the assistance and direction of Law whereby to govern ; which Law ( Aristotle saith ) Est mens quaedam nullo perturbata affectu ; it is a certain mind disquited with no disordinate affection , as mens minds commonly be ; for that when a Law is made , for the most part it is made upon due consideration and deliberation , and without perturbation of evil affections , as anger , envy , hatred , rashness , or the like passions ; and it is referred to some good end and commodity of the Common-wealth , which Law being once made , remaineth so still ; without alteration or partial affection , being indifferent to all , and partial to none , but telleth one tale to every man ; and in this it resembleth the perfection as it were of God himself , for the which cause , the said Philosopher in the same place addeth a notable wise saying , viz. That he which joyneth a Law to govern with the Prince , joyneth God to the Prince ; but he that joyneth to the Prince his affection to govern , joyneth a Beast ; for that mens affections and concupisenses are common also to Beasts : so that a Prince ruling by Law is more than a man , or a man deified ; and a Prince ruling by affections is less than a man , or a man bruitified . In another place also the same Philosopher saith , That a Prince that leaveth Law , and ruleth himself and others by his own appetite and affections , of all Creatures is the worst , and of all Beasts is the most furious and dangerous ; for that nothing is so outragious as Injustice armed , and no Armour is so strong as Wit and Authority ; whereof the first he hath in that he is a Man , and the other in that he is a Prince . For this cause then all Commonwealths have prescribed Laws unto their Princes , to govern thereby , as by a most excellent , certain and immutable rule , to which sense Cicero said , Leges sunt inventae ut omnibus semper una & eadem voce loquerentur ; Laws were invented to the end they should speak in one and the self-same sense to all men : For which very reason ( in like manner ) these Laws have been called by Phylosophers a Rule or Square inflexible , and by Aristotle in particular , a mind without passion , as hath been said ; but the Prophet David ( who was also a Prince and a King ) seemeth to call it by the name of Discipline ; for that as Discipline doth keep all the parts of a Man , or of a particular House in order , so Law well ministred keepeth all the parts of a Commonwealth in good order ; and to shew how severely God exacteth this at all Princes hands , he saith these words ; And now learn ye Kings , and be instructed you that judge the World : Serve God in fear , and rejoyce in him with trembling ; embrace ye Discipline , lest he enter into wrath , and so ye perish from the way of Righteousness . Which words being uttered by a Prophet and a King , do contain divers points of much consideration for this purpose . As first , that Kings and Princes are bound to learn Law and Discipline ; and secondly , to observe the same with great humility and fear of God's wrath ; and thirdly , that if they do not , they shall perish from the way of Righteousness ▪ as though the greatest plague of all to a Prince were to lose the way of Righteousness , Law and Reason in his Government , and to give himself over to passion and his own will , whereby they are sure to come to Shipwrack : And thus much for the first help . The second help that Commonwealths have given to their Kings and Princes , especially in latter Ages , hath been certain Counsels and Counsellors with whom to consult in matters of importance ; as we see the Parliaments of England and France , the Courts in Spain , and Dyets in Germany , without which no matters of moment can be concluded . And besides this , commonly every King hath his Privy-Councel , whom he is bound to hear ; and this was done to temper somewhat the absolute form of a Monarchy , whose danger is ( by reason of his sole Authority ) to fall into Tyranny , as Aristotle wisely noteth , in his fourth Book of Politicks , shewing the inconvenience or dangers of Government ; which is the cause that we have few or no simple Monarchies now in the world , especially among Christians , but all are mixt lightly with divers points of the other two forms of Government also ; and namely in England all three do enter more or less ; for in that there is one King or Queen , it is a Monarchy ; in that it hath certain Counsels that must be heard , it participateth of Aristocratia ; and in that the Commonalty have their Voices and Burgesses in Parliament , it taketh part also of Democratia , or popular Government : All which limitations of the Princes absolute Authority ( as you see do come from the Common-wealth , as having Authority above their Princes for their restraint to the good of the Realm , as more at large shall be proved hereafter . From like Authority , and for like Considerations have come the limitations of other Kings and Kingly power , in all times and Countries , from the beginning , both touching themselves and their Posterity and Successors ; as briefly in this place I shall declare . And first of all , if we will consider the two most renowned and allowed States of all the World , I mean that of the Romans and Grecians , we shall find that both of them began with Kings , but yet with far different Laws and Restraints about their Authorities : For in Rome the Kings that succeeded Romulus ( their first Founder ) had as great and absolute Authority as ours have now adays , but yet their Children , or next in Bloud , succeeded them not of necessity , but new Kings were chosen , partly by the Senate , and partly by the People , as Titus Livius testifieth ; so as of three most excellent Kings that ensued immediately after Romulus , viz. Numa Pompilius , Tullius Hostilius , and Tarquinus Priscus , none of them were of the Bloud-Royal , nor of Kin the one to the other , no nor yet Romans born , but chosen rather from among strangers , for their Vertue and Valour , and that by election of the Senate , and consent of the People . In Greece , and namely among the Lacedemonians , which was the most eminent Kingdom among others at that time , the succession of Children after their Fathers was more certain ; but yet ( as Aristotle noteth ) their Authority and Power was so restrained by certain Officers of the people , named Ephori , ( which commonly were five in number ) as they were not only checked and chastned by them , if occasion served , but also deprived , and sometimes put to death ; For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings ; But yet we see hereby what Authority the Commonwealth had in this case , and what their meaning was in making Laws and restraining their Kings Power , to wit , thereby the more to bind them to do Justice ; which Cicero in his Offices uttereth in these words . Justitiae fruendae causa apud majores nostros & in Asia & in Europa bene mora●i reges olim sunt constituti , &c. at cum jus aequabile ab uno viro homines non consequerentur , inventae sunt leges . Good Kings were appointed in old time among our ancestors in Asia and Europe , to the end thereby to obtain Justice ; but when men could not obtain equal Justice at one mans hands , they invented Laws . The same reason yieldeth the same Phylosopher in another place , not only of the first Institution of Kingdoms , but also of the change thereof again into other Governments , when these were abused . Omnes antiquae gentes regibus quondam paruerunt , &c. That is , All old Nations did live under Kingdoms at the beginning ; which kind of Government first they gave unto the most just and wisest men which they could find ; and also after for love of them , they gave the same to their Postesity , or next in Kin , as now also it remaineth where Kingly Government is in use : But other Countries which liked not that form of Government , and have shaken it off , have done it , not that they will not be under any , but for that they will not be ever under one only . Thus far Cicero ; and he speaketh this principally in defence of his own Commonwealth , ( I mean the Roman ) which had cast off that kind of Government , ( as before hath been said ) for the Offence they had taken against certain Kings of theirs , and first of all against Romulus himself , their first Founder , for reigning at his pleasure , without Law , as Titus Livius testifieth ; for which cause the Senators at length slew him , and cut him in small pieces . And afterwards they were greatly grieved at the entring of Servius Tullius , their sixth King , for that he got the Crown by fraud , and not by election of the Senate , and special approbation of the People , as he should have done : But most of all they were exasperated by the proceedings of their seventh King , named Lucius Tarquinus ( surnamed the proud ) who for that ( as Livius saith ) he neglected the Laws of Government prescribed to him by the Commonwealth ; as namely , in that he consulted not with the Senate in matters of great importance ; and for that he made War and Peace of his own head , and for that he appointed to himself a Guard , as though he had mistrusted the People ; and for that he did use Injustice to divers particular men , and suffered his Children to be insolent , he was Expelled , with all his Posterity , and the Government of Rome changed from a Kingdom unto the Regiment of Consuls , after that the other had endured two hundred years . And thus much for those Kingdoms of Italy and Greece : And if likewise we will look upon other Kingdoms of Europe , we shall see the very same , to wit , that every Kingdom and Country hath its Laws prescribed ●o their Kings by the Common-wealth , both for their Government , Authority and Succession in the same : For if we behold the Roman Empire it self , as it is at this day annexed to the German Electors , though it be the first in dignity among Christian Princes , yet shall we see it so restrained by particular Laws , as the Emperor can do much less than other Kings in theirs ; for he can neither make War , nor exact any contribution of Men or Money thereunto , but by the free leave and consent of the German Dyet or Parliament ; and for his Children , or next in Kin , they have no Action , Interest , or Pretence at all to succeed in their Fathers Dignity , but only by free Election , if they shall be thought worthy : Nay , one of the chiefest points that the Emperor must swear at his entrance ( as Sleydan writeth ) is this , That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family , but leave it unto the seven Electors free in their power , to chuse his Successor , according to the Law made by Pope Gregory the fifth , and the Emperor Charles the fourth in this behalf . The Kingdoms of Polonia and Bohemia do go much after the same fashion , both for their restraint of Power , and Succession to their Kings For first , touching their Authority , they have great limitation , neither can they do any thing of great moment , without the consent of certain principal men called Palatines or Castellans , neither may their Children or next of Bloud succed , except they be chosen , as in the Empire . In Spain , France and England ; the priviledges of Kings are far more eminent in both these points , for that both their Authority is much more absolute , and their next in Bloud do ordinarily succeed , but yet in different manner : For as touching Authority , it seemeth that the Kings of Spain and France have greater than the King of England , for that every Ordination of these two Kings is Law in it self , without further approbation of the Commonwealth ; where no general Law can be made without consent of Parliament ; But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England , for that in Spain the next in Bloud cannot succeed ( be he never so lawfully descended ) but by a new approbation of the Nobility , and Bishops , and States of the Realm ; as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth . In confirmation whereof we see at this day , that the King of Spain's own Son cannot succeed , nor be called Prince , except he be first sworn by the said Nobility and States , in token of their new consent ; and so we have seen it practiced in our days , towards three or four of King Philip's Children , which have succeeded the one after the other in the title of Princes of Spain , and at every change a new Oath required at the Subjects hands , for their admission to the said Dignity , which is not used in the Kings Children of France or England . In France the World knoweth how Women are not admitted to succeed in the Crown , be they never so near in Bloud ; neither any of their Issue , though it be Male. For which cause I doubt not but you remember how King Edward the third of England , though he were Son and Heir unto a Daughter of France , whose three Brethren were Kings , and left her sole Heir to her Father King Philip the fourth , surnamed the Fair , yet was he put by the Crown , as also was the King of Navar at the same time , who was Son and Heir unto this Womans eldest Brothers Daughter , named Lewis Huttin King of France ; ( which King of Navar thereby seemed to be before King Edward of England ) but yet were they both put by it , and Philip de Vallois , a Brothers Son of Philip the Fair , was preferred to it by general Decree of the States of France , and by Verdict of the whole Parliament of Paris , gathered about the same Affair . Neither did it avail that the two Kings aforesaid alledged , That it was against Reason , and Conscience , and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud , seeing both Nature and God hath made them capable of such Succession every where , as appeareth by Example of all other Nations ; and in the Old Testament , among the People of God it self , where we see Women have been admitted unto Kingdoms by Succession : But all this ( I say ) prevailed not with the French , as it doth not also at this day for the admission of Dona Isabella Eugenia Clara , Infanta of Spain , unto the said Crown of France , though by descent of Bloud there be no question of her next propinquity , for that she is the eldest Child of the last Kings eldest Sister . The like Exclusion is made against the Prince of Lorrain that now liveth , though he be a Man , and Nephew to the last King , for that his Title is by a Woman , to wit , his Mother , that was younger Sister unto the last King Henry of France . And albeit the Law called Salica by the French-men , by virtue whereof they pretend to Exclude the Succession of Women , be no very ancient Law , as the French themselves do confess , and much less made by Pharamond their first King , or in those ancient times , as others without ground do afirm ; yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same , and to alter the course of natural descent and nearness of Bloud , as we have seen ; and that the King of Navar , and some other of his Race , by vertue of this only Law , do pretend at this day to be next in Succession to this goodly Crown , though ( in nearness of Bloud ) they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain , or the Prince of Lorrain that now is , who are Children of his own Sisters ; which point yet in England were great disorder , and would not be suffered , for that our Laws are otherwise ; and who made these Laws but the Commonwealth it self ? By all which we see that divers Kingdoms have divers Laws and Customs in the matter of Succession , and it is not enough ( as often I have said ) for a man to alledge bare propinquity of Bloud , thereby to prevail , for that he may be excluded or put back by divers other circumstances , and for sundry other reasons , which afterwards we shall discuss . Yea , not only in this point ( said he ) hath the Commonwealth Authority to put back the next Inheritors upon lawful Considerations , but also to dispossess them that have been lawfully put in possession , if they fulfil not the Laws and Conditions by which , and for which their Dignity was given them . Which point , as it cannot serve for wicked men to be troublesom unto their own Governours , for their own Interests or Appetites , so yet when it is done upon just and urgent causes and by publick authority of the whole body ; the Justice thereof is plain , not only by the grounds and reasons before alledged , but also those examples of the Romans and Grecians already mentioned , who lawfully deposed their Kings upon just considerations , and changed also their Monarchy and Kingly Government into other forms of Regiment . And it might be proved also , by examples of all other Nations , and this perhaps , with a circumstance which I know not whether every man here have consider'd the same , viz. That God hath wonderfully concurred ( for the most part ) with such judicial Acts of the Commonwealth against their evil Princes , not only in prospering the same , but by giving them also some notable Successor in place of the Deposed , thereby both to justifie the Fact , and to remedy the fault of him that went before . To this all the Company answered , That they had never much thought , nor made reflection upon any such Circumstance ; and therefore that it could not be but a point of much novelty to hear the same discussed , requesting him to say what he had observed or read in that behalf . I am content ( said he ) but yet with this Preface , that I am far from the opinion of those people of our days , or of old , who make so little account of their duty towards Princes , as , be their Title what it will , yet for every mislike of their own , they are ready to band against them , wheresoever they think they may make their party good , inventing a thousand calumniations for their discredit , without conscience or reason , whom indeed I do think to have little conscience , or none at all , but rather to be those whom the Apostles St. Peter and St. Jude spake of , when they said , Novit Dominus iniquos in diem judicii reservare , cruciandos , magis autem eos qui dominationem contemnunt , audaces , sibi placentes , &c. God knoweth how to reserve the wicked unto the day of judgment , there to be tormented ; but yet much more those which do contemn Domination or Government , and are bold , and liking of themselves . Thus much there . Nay further , I am of opinion , That whatsoever a Princes Title be , if once he be settled in the Crown , and admitted by the Commonwealth , ( for all other holds I esteem the tenure of a Crown ) if so it may be ●ermed , ( the most irregular and extraordinary ) every man is bound to settle his conscience to obey the same , in all that lawfully he may command , and this without examination of his Interest ; for that ( as I have said ) God disposeth of Kingdoms , and worketh his will in Princes Affairs as he pleaseth , and this by extraordinary means oftentimes ; so that if we should examine the Titles at this day of all the Princes of Christendom , by the ordinary rule of private mens Rights , Successions , or Tenures , we should find so many knots and difficulties , as it were hard for any Law to make the same plain , but only the supreme Law of God's disposition , which can dispense in what he listeth . This is my opinion in this behalf , for true and quiet Obedience , and yet on the other side , as far off am I from the abject and wicked flattery of such as affirm Princes to be subject to no Law or limitation at all , either in Authority , Government , Life or Succession ; but as though by Nature they had been created Kings from the beginning of the World ; or as though the Commonwealth had been made for them , and not they for the Common-wealth ; or as though they had begotten , or purchased , or given Life to the Weal publick , and not that the Weal publick had exalted them or given them their Authority , Honour and Dignity : So these flatterers do free them , from all Obligation , Duty , Reverence or Respect unto the whole Body , whereof they are the Heads ; nay , expresly they say and affirm , That all mens Goods , Bodies and Lives are the Princes , at their pleasure to dispose of : that they are under no Law or Accomt-giving whatsoever : that they succeed by Nature or Generation only , and not by any Authority , Admission or Approbation of the Commonwealth ; and that consequently no merit or demerit of their persons is to be respected , nor any consideration of their Natures or Qualities , viz. of capacity , disposition or other personal circumstances is to be had or admitted , and do they what they lift , no Authority is there , under God , to chasten them . All these absurd Paradoxes , have some men of our days uttered in flattery of Princes , and namely of late , one Belloy a French-man , ( as before I signified ) in two Books , which he called Apologies , the one Catholick , and the other for the King , both which he seemeth to write in favour of the King of Navar , ( and as other also call him King of France , ) but in my opinion he deserveth small commendation or reward , to defend a Kings Title with such assertions and propositions as to destroy all Law , Reason , Conscience and Common-wealth , and do bring all to such absolute Tyranny as no Realm ever did or could suffer among civil people , no not under the Dominion of the Turk himself at this day , where yet some proportion of Equity is held between the Prince and the people , both in Government and Succession , though nothing so much as in Christian Nations . Wherefore , to avoid these two extremes , I shall prove unto you the mean before-mentioned , viz. That as all the Duty , Reverence , Love and Obedience before-named , is to be yielded unto every Prince which the Commonwealth hath once established , so yet retaineth still the Commonwealth her Authority , not only to restrain the Prince if he be exorbitant , but also chasten and remove him , upon due and weighty considerations , and that the same hath been done and practised at many times in most Nations , both Christian and otherwise with right good success , to the Weal publick ; And this shall be the Argument ( if you think good ) of our next meeting , for that now it is late , and I would be loth to have you go away with my tale half told , for that it is a matter of much moment , as to●morrow you shall hear . All were content with this resolution , and so departed every man to his Lodging , with purpose to return the next morning somewhat more early than their accustomed hour , to the end the matter might be throughly debated . CHAP. III. Of Kings lawfully chastised by their Common-wealths , for their Misgovernment ; and of the good and prosperous Success that God hath commonly given to the same . THe Company was no sooner come together the next morning , but they were all at the Civilian Lawyer to perform his promise , and to prosecute the matter he had propounded the night before ; To whom he answered , You require of me ( if I be not deceived ) two points joyntly to be proved unto you : The first , That Common-wealths have chastized sometimes lawfully their lawful Princes , though never so lawfully descended , or otherwise lawfully put in possession of their Crown : And secondly , That this hath fallen out ever , or for the most part , commodious to the weal publick ; and that it may seem that God approved and prospered the same , by the good Success and Successors that ensued thereof . Which two points I am content ( quoth he ) to shew unto you by some examples , for that the reasons hereof have in part been declared before , and shall be more in particular hereafter ; but yet must I do this with the protestation before-mentioned , that nothing be taken out of this my Speech , against the Sacred Authority and due Respect and Obedience that all men do ow unto Princes , both by God's Law and Nature , as hath been proved ; but only this shall serve to shew , that as nothing under God is more honourable , amiable , profitable , or sovereign , than a good Prince ; so nothing is more pestilent , or bringeth so great Destruction and Desolation as an evil Prince . And therefore as the whole Body is of more Authority than the only Head , and may cure the Head if it be out of tune , so may the weal publick cure or cut off their Heads if they infect the rest ; seeing that a Body Civil may have divers Heads , by Succession , and is not bound ever to one , as a Body Natural is , which Body Natural , if it had the same ability that when it had an aking or sickly Head , it could cut it off and take another , I doubt not but it would so do , and that all men would confess that it had authority sufficient , and reason to do the same , rather than all the other parts should perish , or live in pain and continual torment : But yet much more clearer is the matter that we have in hand for disburdening our selves of wicked Princes , as now I shall begin to prove unto you . And for proof of both the points joyntly which you require , I might begin perhaps with some Examples out of the Scripture it self , but that some man may chance to say , that these things recounted there of the Jews were not so much to be reputed for Acts of the Commonwealth , as for particular Ordinations of God himself , which yet is not any thing against me , but rather maketh much for our purpose , for that the matter is more authorized hereby , seeing that whatsoever God did ordain or put in ure in his Commonwealth , that may also be practised by other Commonwealths , now having his authority and approbation for the same . Wherefore ( said he ) I do hasten to Examples that are more nearer home , and more proper to the particular purpose whereof we treat , yet can I not omit to note some two or three out of the Bible , that do appertain to this purpose also ; and these are the Deprivation and putting to Death of two wicked Kings of Juda , named Saul and Amon ; ( though both of them were lawfully placed in that Dignity , ) and the bringing in of David and Josias in their rooms , who were the two most excellent Princes that ever that Nation or any other ( I think ) have had to govern them . And first , King Saul , though he were elected by God ( as you know ) to that Royal Throne , yet was he slain by the Philistines , by God's order , as it was foretold him , for his Disobedience , and not fulfilling the Law and Limits prescribed unto him . Amon was lawful King also , and that by natural Descent and Succession ; for he was Son and Heir to King Manasses , whom he succeeded , and yet was he slain by his own People , quia non ambulavit in via Domini ; for that he walked not in the way prescribed unto him by God : And unto these two Kings so deprived God gave two Successors , ( as I have named ▪ ) the like whereof are not to be found in the whole rank of Kings for a Thousand years together : For of Josias it is written , Fecit quod erat rectum in conspectu Domini , & non declinavit neque ad dextram neque ad sinistram ; He did that which was right in the sight of God , neither did he decline to the right hand nor the left . He reigned 31. years ; and Jeremias the Prophet that lived in his time loved this good King so extremely , as he never ceased afterwards to lament his Death , as the Scripture saith . As for King David , it shall not be needful to say any thing how excellent a King he was ; for ( as many learned men do note ) he was a most perfect pattern for all Kings that should follow in the World ; not as King Cyrus , whom Xenophon did paint out more according to his own imagination of a perfect King that , he wished , than to the truth of the story ; but rather as one that passed far in Acts that which is written of him ; and this not only in matters of Religion , Piety and Devotion , but also of Chivalry , Valour , Wisdom and Policy ; neither is it true which Nicholas Matchivel the Florentine , and some others of his new Unchristian School do affirm , for defacing of Christian Virtue , That Religion and Piety are oftentimes le ts to politick and wise Government , and do break or weaken the high Spirits of magnanimous men to take in hand great Enterprizes for the Commonwealth . This ( I say ) is extreme false ; for that , as Divines are wont to say , ( and it is most true , ) Grace doth not destroy or corrupt , but perfecteth Nature ; so as he which by nature is Valiant , Wise , Liberal or Politick , shall be the more , if also he be Pious and Religious . Which we see evidently in King David , who notwithstanding all his Piety , yet omitted he nothing appertaining to the State and Government of a noble , wise and politick Prince : For first of all , he began with Reformation of his own Court and Realm in matter of Life and Service to God , wherein he used the Counsel and Direction of Gad , and of Nathan the Prophet , as also of Abiather and Hiram the Chief Priests , and of Heman his wise Counsellor . He reduced the whole Clergy into Twenty four Degrees , appointing Four Thousand Singers , with divers sorts of musical Instruments , under Asaph , Heman and other principal men that should be Heads of the Choir . He appointed all Officers needful both for his Court and also the Commonwealth , with the Arms of the Crown , which was a Lion , in remembrance of the Lion that he slew with his own hands when he was a Child : He ordained a Mint with a peculiar form of Money to be stamped ; took order for distributing Relief to the poor , and other like Acts of a prudent and pious Prince . After all this , he turn'd himself to his old Exercise of War , to which he was given from his childhood , being wonderful valiant of his own person , as appeareth by the Lion and Bear that he slew with his own hands , and the courage wherewith he took upon him the combat with Goliah ; and as he had shewed himself a great Warrier and renowned Captain many years in the service of Saul against the Philistines , and had gained many noble Victories ; so much more did he after he was King himself , for that he conquered not only the Philistines , but also the Amorites , Idumeans and Moabites , with the Kings and People of Damasco , and all Syria , even unto the River Euphrates , and left all these Countries peaceable to his Successor : and the Scripture recounteth in one only Chapter how that in three or four Battels , wherein David himself was present , within the space of two or three years , almost a hundred thousand Horse and Foot were slain by him ; and that himself slew in his days eight hundred with his own hands ; and that he made by his Example Thirty seven such Captains , as each one of them was able to lead and govern a whole Army ; and yet among all these Expences of Wars had he care to lay up so much Money and Treasure as was sufficient for the building an huge and wonderful Temple after him , which he recommended to his Son Solomon ; And amidst all this Valour and Courage of so warlike a King and Captain , had he so much Humility as to humble himself to Nathan the Prophet when he came to rebuke him for his Fault , and so much Patience and Charity as to pardon Shim●i that reviled him and threw stones at him in the High-way as he went ; And among so many and continual businesses , both Martial and Civil , and great affairs of the Commonwealth , he had time to write so many Psalms as we see , and to sing praises seven times a day to Almighty God , and to feel that Devotion at his death which we read of ; And finally , he so lived and so died , as never Prince ( I think ) before him , nor perhaps after him so joyned together , both Valour and Vertue , Courage and Humility , Wisdom and Piety , Government and Devotion , Nobility and Religion . Wherefore though I have been somewhat longer than I would in this Example , yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed . And now if we will leave the Hebrews and return to the Romans , of whom we spake before , we shall find divers things notable in that State also to the purpose we have in hand . For before I told you how that Romulus their first King having by little and little declined into Tyranny , he was slain and cut in pieces by the Senate , ( which at that time contained a hundred in number ) and in his place was chosen Numa Pompilius , the notablest King that ever they had , who prescribed all their order of Religion and manner of Sacrifices , imitating therein , and in divers points , the Rites and Ceremonies of the Jews , as Tertullian and other Fathers do note ; He began also the building of their Capitol , added the two Months of January and February to the Year , and did other such notable things for that Common-wealth . Again , When Tarquinus the proud , their seventh and last King , was expelled by the same Senate for his evil Government , and the whole Government changed , as before hath been touched , we see the success was prosperous , for that not only no hurt came thereby to the Commonwealth , but exceeding much good , seeing their Government and increase of Empire was so prosperous under their Consuls , for many years , in such sort , that whereas at the end of their Kings Government they had but fifteen miles Territory without their City , it is known , that when their Consuls Government ended , and was changed by Julius Caesar , their Territory reached more ●han fifteen thousand miles in compass ; for that they had not only Europe under their Dominion , but the principal parts also of Asia and Africa ; So as this chastisement so justly laid upon their Kings was profitable and beneficial to their Commonwealth also . Moreover , When Julius Caesar ( upon particular Ambition ) had broken all Law , both Humane and Divine , and taken all Government into his own hands alone , he was in revenge thereof slain ( as the World knoweth ) by Senators in the Senate-house , and Octavianus Augustus preferred in his room , who proved the most famous Emperor that ever was . I might note here also how Nero sixth Emperor of Rome , which succeeded lawfully his Unkle Claudius in the Empire ; and being afterward deposed and sentenced to Death by the Senate , for his wicked Government , ( which was the first judicial Sentence that ever the Senate gave against an Emperour ) albeit peace ensued not presently ; but that Galba , Otho and Vitellius , three Captains of the Empire ▪ made some little interludes of tragical killing one another ; yet within few months the whole Empire by that means fell upon Vespatian and his Son Titus , two of the best Governours that ever those times saw . The like might be noted of the noble rank of five excellent good Princes , viz , Nerva , Trajan , Adrian , Antonius Pius , and Marcus Aurelius , that ensued in the Empire , by the just Death of cruel Domitian ; which Execution the Senate is thought in secret to have procured , ( not being able to perform it openly by Justice , ) which was seen by that , that when the act was done , the Senate did presently by publick Decree allow of the same , and disannulled all his barbarous Acts for their exceeding Cruelty , and commanded his Arms and Memories to be pulled down every where , and chose for his Successor one Coccenis Nerva ▪ an Italian , a man of excellent Vertue , by whom they enjoyed not only the most prosperous time of his Government , but of all those four before-named , that ensued him , no less worthy than himself . Not long after the succession of these excellent good Emperours , there came to the Crown , by lawful Descent of Bloud , a Youth named Antonius Heliogabalus , Son of the Emperour Antonius Carcalla , and Nephew to the most famous and noble Emperour Septimus Severus , that died in England : Which Youth , as he was greatly loved and honoured a great while for so worthy a Grand-father ; so afterwards , for his own most beastly Life and foul Actions , he was deprived , and put to death by the Souldiers of Rome , at the request and common desire both of the People and Senate , when he had reigned Six years , and yet was but Twenty years of age when he was put down , and his Death and Deprivation was approved by publick Act of the Senate ; who ordained also in his detestation , That never Emperour after him should be called Antonius ; And so it was observed , though no other Name had ever been more grateful before to the world , for the remembrance of good Emperors that had been so called . This man being chastized as is said , there was preferred to the Empire in his room a goodly young man of his next Kindred , named Alexander Severus , Son to Mamonea , which was Sister to Heliogabalus's Mother ; and being admitted by common consent , both of the Senate , People and Army , he proved one of the rarest Princes for his Valour and Vertue that ever the Roman Empire had had ; so as the worthiness of Severus seemed to recompence fully the wickedness of Heliogabalus . I might name divers other such Examples , and among the rest that of Maxentius ; who being lawfully possessed of the Empire in Rome , as it seemed ( for that he was Son to Maximinianus the Emperour that reigned with Dioclesian ) yet for his tyrannous Government that was intollerable , it is supposed that the Senate ( not being able to match him in open strength ) sent privily into England and France to invite Constantine to come and do Justice upon him ; and so he did ; and he being drowned in the River of Tiber , Constantine ( afterward surnamed the Great ) succeeded in the Empire , and was the man that all men know , and the first Emperour that publickly professed himself a Christian , and planted our Faith over all the World : And this of the Roman Empire . And if ye will come lower down , and nearer home , we have yet another Example , more remarkable than the rest ; which is , The change of the Empire from the East to the West , for the evil Government of Constantine the sixth , who was Deposed first , and his eyes put out by his own Mother Irene , and the Empire Usurped by her ; But being not able to rule it in such order as was needful for so great a Monarchy , ( though otherwise she was one of the rarest Women for Valour and Wisdom that ever the World had ) she was deprived thereof by the Sentence of Leo the third , Pope of Rome , and by consent of all the People and Senate of that City , and Charles King of France and Germany ( afterward surnamed the Great ) was Crowned Emperour of the West ; and so hath that Succession remained unto this day , and many worthy Men have succeeded therein , and infinite Acts of Jurisdiction have been exercised by this Authority , which were all Unjust and Tyrannical , if this change of the Empire , and Deposition of Irene and her Son for their evil Government had not been lawful . It were too long to run over all other Kingdoms , yet some I shall touch in such points as are most notorious . The two famous changes that have been made of the Royal Line in France ; the first from the Race of Pharamond and Clodoveus to the Line of Pepin ; and the second from the Race of Pepin again to the Line of Hugo Capetus ▪ that endureth unto this day ; Whereon are they founded , but upon the judicial Chastisement and Deposition of two evil Princes , the first of Childrec the third , lawful King of France , who after he had reigned ten years was deposed by Zachary the Pope , at the request of the whole Nobility and Clergy of France ; or rather his Deprivation was by them , and confirmed by the Pope ; to whom they alledged this reason for their doing in that behalf ( as Girard putteth it down in his French Chronicles ; I mean the large and the Abreviation , viz. ) That their Oath to Childeric was to honour , serve , obey , maintain and defend him against all men , as long as he was Just , Religious , Valiant , Clement , and would resist the Enemies of the Crown , punish the wicked and conserve the good , and defend the Christian Faith. And for as much as these promises ( said they ) were conditional ; they ought not to hold or bind longer than they were reciprocally observed on both parts ; which seeing they were not of the part of Childeric , they would not be any longer his Subjects ; and so desired Zachary to absolve them from their Oaths , which he did ; and by this means Childeric was Deposed , and put into a Monastry , where he died ; and in his place Pepin was chosen and crowned King , whose Posterity Reigned for many years after him , and were such Noble Kings as all the World can testifie . And so continued this Race of Pepin in the Royal Throne for almost two hundred years togeter , until Hugo Capetus , who was put into the same Authority of the Commonwealth , and Charles of Lorrain , last of the Race of Pepin , for the evil satisfaction which the French Nation had of him , was put by it , and kept Prisoner during his Life in the Castle of Orleance . And thus much all the French Histories affirm , and to attribute to these changes the prosperity and greatness of their present Kingdom and Monarchy . And thus much for France , where many other Examples might be alledged , as of King Lewis the third , surnamed Fainant , for that he was unprofitable ; and of Charles , surname Le grot , that succeeded him , both of them deposed by the States of France : And other the like , of whom I shall have occasion to speak afterwards to another purpose . But now , if you please , let us step over the Pyrenean Mountains , and look into Spain , where there will not fail us also divers Examples , both before the oppression of that Realm by the Moors , and also after : For that before , to wit , in the year of Christ 630. we read of a lawful King , named Flaveo Suintila , put down and deprived , both he and his Posterity , in the fourth Council National of Toledo , and one Sissinado confirmed in his place ; notwithstanding that Suintila was at the beginning of his Reign a very good King , and much commended by St. Isodorus Archbishop of Sivil ; who yet in the said Counil was the first man that subscribed to his Deprivation . After the entrance of the Moors also , when Spain was reduced again to the Order and Government of Spanish Kings ; We read that about the year of Christ 1282. one Don Alonso the eleventh of that name , King of Castile , and Leone , succeeded his Father Ferdinando , sur-named the Sainct , and himself obtained the sur-name of Sabio and Astrologo , that is to say , of Wise , and of an Astrologer , for his excellent Learning , and peculiar Skill in that Art , as may well appear by the Astronomy-Tables , that at this day go under his name , which are the most perfect and exact that ever were set forth , by judgment of the Learned . This Man , for his evil Government , and especially for Tirany used towards two Nephews of his , as the Spanish Chronicler Garavay writeth , was deposed of his Kingdom by a publick Act of Parliament , in the Town of Valliodolid , after he had Reigned thirty years ; and his own son Don Sancho the fourth , was Crowned in his place ; who for his valiant Acts , was sur-named el bravo , and it turned to great commodity of the Common-Wealth . The same Common-Wealth of Spain some years after , to wit , about the year of Christ 1368. having to their King one Don Pedro , sur-named the Cruel ; for his injurious proceeding with his Subjects , though , otherwise he were lawfully seased of the Crown , as Son and Heir to King Don Alonso the twelfth , and had Reigned among them eighteen years ; yet for his evil Government they resolved to depose him , and so sent for a Bastard Brother of his , named Henry , that lived in France , requesting him that he would come with some force of French-men , to assist them in that Act , and take the Crown upon himself ; which he did , and by the help of the Spaniards and French Souldiers , he drove the said Peter out of Spain , and himself was Crowned . And albeit , Edward sur-named the black Prince of England , by order of his Father King Edward the third , restored once again the said Peter ; yet was it not durable , for that Henry having the favour of the Spaniards , returned again , and deprived Peter the second time , and slew him in Fight hand to hand , which made shew of more particular favour of God in this behalf to Henry , and so he remained King of Spain , as doth also his progenie enjoy the same unto this day ; though by nature he was a Bastard ( as had been said ; ) and notwithstanding that King Peter left two Daughters , which were led away into England , and there Married to great Princes . And this King Henry ( so put up in his place ) was called King Henry the second of this name , and proved a most excellent King , and for his great Nobility in conversation , and prowess in Chivalry , was called by excellency , El cavallero the Knightly King , and for his exceeding benignity and liberality , was sur-named also , El delas mercedes , which is to say , the King that gave many gifts , or the liberal franck , and bountiful King , which was a great change from the other sur-named Cruel , that King Peter had before ; and so you see that always I give you a good King in place of the bad deposed . In Portugal also before I go out of Spain , I will alledge you one example more , which is of Don Sancho the second , sur-named Capello , fourth King of Portugal , lawful Son and Heir unto Don Alonso sur-named el Gardo , who was third King of Portugal . This Don Sancho , after he had Reigned 34. years , was deprived for his defects in Government , by the universal consent of all Portugal ; and this his first deprivation from all Kingly rule and Authority ( leaving him only the bare name of King ) was approved by a General Councel in Lions ; Pope Innocent the fourth being there present , who at the Petition and Instance of the whole Realm of Portugal , by their Embassadors the Arch-Bishop of Braga , Bishop of Comibra , and divers of the Nobility sent to Lyons for that purpose ; did Authorise the said State of Portugal , to put in Supream Government , one Don Alonso , Brother to the said King Don Sancho , who was at that time , Earl of Bullen in Picardy , by right of his Wife , and so the Portugals did ; And further also , a little after they deprived their said King , and did drive him out of his Realm into Castilla , where he liv'd all the rest of his Life in Banishment , and Dyed in Toledo without ever returning ; and this decree of the Councel and Pope at Lyons , for Authorising of this fact , is yet extent in our Cannon Law , in the sixt Book of Decretals now in Print . And this King Don Alonso the third , which in this sort was put up against his Brother , was peaceably and prosperously King of Portugal , all the days of his life , and he was a notable King ; and among other great Exploits , he was the first that set Portugal free from all Subjection , Dependance and Homage , to the Kingdom of Castile , which unto his time it had acknowledged , and he left for his Successor his Son and Heir , Don Dionysio el Fabricador ; to wit , the great Builder , for that he Builded and Founded above forty and four great Towns in Portugal , and was a most rare Prince , and his off-spring ruleth in Portugal unto this day . Infinite other Examples could I alledge , if I would examine the Lives and Descents of these and other Kingdoms with their Princes ; and namely , if I would speak of the Greek Emperors , deprived for their evil Government , not so much by popular Mutiny ( which often happened among them ) as by consent , and grave deliberation of the whole State and weal-publick , as Michael Calaphatos , for that he had trodden the Cross of Christ under his Feet , and was otherwise also a Wicked Man ; As also the Emperour Nicephorus Botoniates , for his Dissolute Life , and preferring Wicked Men to Authority , and the like , whereof I might name many , but it would be too long . What should I name here , the deposition made of Princes in our days , by other Common-Wealths , as in Polonia , of Henry the third that was last King of France ; and before that had been Sworn King of Polonia , of which Crown of Polonia , he was deprived by publick Act of Parliament , for his departing thence without License , and not returning at his day , by the said State appointed and denounced , by publick Letters of Peremptory Commandment , which are yet extant . What should I name , the Deprivations of Hen. late King of Suetia , who being lawful Successor , and lawfully ▪ in possession after his Father ; Gustanus was yet put down by that Common-Wealth , and deprived , and his Brother made King in his place ; who if you remember was in Ireland in the beginning of this Queens Reign , and whose Son Reigneth at this day , and is King also of Polonia ; and this Fact was not only allowed of at home by all the States of that Countrey , but also abroad , as namely of Maximilian the Emperor , and approved also by the King of Denmark , and all the Princes of Germany , near about that Realm , who saw the reasonable cause , which that Common-Wealth had to proceed as it did . And a little before that , the like was practised also in Denmark , against Cisternus their lawful King , if we respect his descent in Bloud , for he was Son to King John that Reigned afore him , and Crowned in his Fathers life , but yet afterwards for his Intolerable cruelty , he was deprived and driven into Banishment , together with his Wife and three Children , all which were Disinherited ; and his Unkle Frederick Prince of Alsatia was chosen King , whose Progeny yet remaineth in the Crown ; and the other , though he were married to the Sister of Charles the fifth and last Emperour of that Name , and were of Kin also to King Henry the eighth of England , yet could he never get to be restored ; but ▪ passed his time miserably , partly in Banishment , and partly in Prison , until he died . But it shall be best perhaps to end this short Narration with an Example or two out of England it self , for that no where else have I read more remarkable accidents touching this point than in England ; but for brevity sake I shall only touch two or three that have happened since the Conquest , for that I will go no higher , though I might , as appeareth by the Example of King Edwin and others ; neither will I begin to stand much upon the Example of King John , though well also I might , for that by his evil Government he made himself both so odious at home , and contemptible abroad ( having lost Normandy , Gascoin , Guyen , and all the rest in effect , which the Crown of England had in France , ) as first of all he was both Excommunicated and Deposed by the Sentence of the Pope , at the Suit of his own people ; and was forced to make his peace by resigning his Crown into the hands of Pandulf the Pope's Lega●e , ( as Polidor recounteth ) and afterwards falling back again to his old defects and naughty Government , ( albeit by his promise to the Pope to go and make War against the Turks , if he might be quiet at home , and that his Kingdom should be perpetually tributary to the See of Rome , he procured him to be of his side for a time , and against the Barons , ) yet that stayed not them to proceed to his Deprivation , which they did effectuate , first at Canterbury , and after at London , in the 18 th . and last year of King John's Reign ; and meant also to have disinherited his Son Henry , which was afterwards named King Henry the 3 d. , and at that time a Child of Eight years old only , ( and all this in punishment of the Father ) if he had lived ; and for that cause they called into England Lodowick Prince of France , Son to King Philip the second , and Father to St. Lewis the ninth , and chose him for their King , and did swear him Fealty with general consent , in London , in the year of our Lord 1216. And ( but that the Death of King John , that presently ensued , alter'd the whole course of that defignment , and moved them to turn their purposes , and accept of his Son Henry , before matters were fully established for King Lodowick ) it was most likely that France and England would have been joyned by these means under a Crown . But in the end , ( as he said ) King Henry the third was admitted , and he proved a very worthy King , after so evil as had gone before him , and had been Deposed , ( which is a circumstance that you must always note in this Narration ) and he reigned more years than ever King in England did before him ; for he reigned full Fifty three years , and left his Son and Heir , Edward the first not inferiour to himself in Manhood and Virtue , who reigned 34 years , and left a Son , named Edward the second , who falling into the same , or worse , defects of Government than King John his Great-Grand-father had done , was ( after 19 years reign ) Deposed also , by Act of Parliament holden at London in the year 1326. and his Body adjudg'd to perpetual Imprisonment , he being Prisoner at that present in the Castle of Wallingford , whither divers , both Bishops , Lords , and Knights of the Parliament were sent unto him , to denounce the Sentence of the Realm against him , viz. How they had deprived him , and chosen Edward his Son in his stead : For which act of choosing his Son he thanked them heartily , and with many tears acknowledged his own unworthiness ; whereupon he was degraded ; his Name of King first taken from him , and he appointed to be called Edward of Carnarvan from that hour forward ; and then his Crown and Ring were taken away , and the Steward of his House brake the Staff of his Office in his presence , and discharged his Servants of their Service , and all other people of their Obedience or Allegiance towards him : And towards his maintenance he had only a hundred Marks a year allowed for his Expences , and then was he delivered also into the hands of certain particular Keepers , who led him Prisoner from thence by divers other places , using him with extreme indignity in the way , until at last they took his Life from him in the Castle of Barklay , and his Son Edward the third reigned in his place ; who ( if we respect either Valour , Prowess , length of Reign , Acts of Chivalry , or the multitude of famous Princes his Children left behind him ) was one of the noblest Kings that ever England had , though he were chosen in the place of a very evil one , as you have seen . But what shall we say ? Is this worthiness which God giveth commonly to the Successors at these changes , perpetual or certain by Descent ? No truly ; no● the example of one Prince's punishment maketh another to bewares ▪ for the next Successor after this noble Edward● ▪ which was King Richard the second , though he were not his Son , but his Sons Son , to wit , Son and Heir to the renowned Black Prince of Wal●s : This Richard ( I say ) forgetting the miserable end of his Great-Grand-father ▪ for evil Government , and the felicity and virtue of his Father and Grand-father for the contrary ▪ suffered himself to be abused and misled by evil Counsellors , to the great hurt and disquiet of the Realm : For which cause ( after he had reigned 22 years ) he was also Deposed by Act of Parliament holden in London in the year of our Lord 1399. and condemned to perpetual Imprisonment in the Castle of Pontefract , where he was soon after put to death also , and used as the other before had been : And in this man's place ( by free Election ) was chosen for King the noble Knight Henry Duke of Lancaster , who proved afterwards so notable a King , as the World knoweth , and was Father to King Henry the fifth , commonly called the Alexander of England ; for that as Alexander the Great conquered the most part of Asia in the space of 9 or 10 years , so did this Henry conquer France in less than the like time . I might reckon also in this number of Princes Deposed for defect in Government , ( though otherwise he were no evil man in life ) this King Henry the fourths Nephew , I mean King Henry the sixth , who after almost forty years Reign was Deposed , and Imprisoned , and put to death also , together with his Son the Prince of Wales , by Edward the fourth of the House of York ; and the same● was confirmed by the Commons , and especially by the people of London , and afterwards also by publick Act of Parliament , in respect not only of the Title which King Edward pretended , but also , and especially , for that King Henry did suffer himself to be over-ruled by the Queen his Wife , and had broken the Articles of Agreement , made by the Parliament , between him and the Duke of York , and solemnly sworn on both sides , the 8 th . of October , in the year 1459 : In punishment whereof , and of his other negligent and evil Government ; ( though for his own particular Life he was a good man , as hath been said ) Sentence was given against him , partly by Force and partly by Law , and King Edward the fourth was put in his place who was no evil King , as all English-men well know , but one of the renownedst for martial Acts and Justice that hath worn the English Crown . But after this man again , there fell another accident much more notorious , which was , That Richard Duke of Glocester , this King Edward's younger Brother , did put to death his two Nephews , this man's Children , viz. King Edward the 5 th . and his little Brother , and made himself King ; And albeit ▪ he sinned grieveously by taking the Crown in this wicked manner , yet when his Nephews were once dead , he might in reason seem to be lawful King , both in respect that he was next Male in Bloud after his Brother ; as also for that by divers Acts of Parliament , both before and after the death of those Infants , his Title was authorized and made good , and yet no man will say ( I think ) but that he was lawfully deposed again afterwards by the Commonwealth , which called out of France Henry Earl of Richmond to chastize him , and to put him down ; and so he did , and took from him both Life and Kingdom in the Field , and was King himself after him by the Name of King Henry the seventh ; And no man ( I suppose ) will say but that he was lawful King also , which yet cannot be , except the other might be lawfully deposed ; And moreover , as I said at the beginning , I would have you consider , in all these mutations , what men commonly have succeeded in the places of such as have been deposed ; as namely in England in the place of those five Kings before-named that were deprived , viz. John , Edward the second , Richard the second , Henry the sixth and Richard the third ; there have succeeded , the three Henries , to wit , the third , fourth and seventh , and two Edwards , the third and fourth , all most rare and valiant Princes , who have done infinite important Acts in their Commonwealths ; and among other have raised many Houses to the Nobility , put down others , changed States both abroad and at home , distributed Ecclesiastical Dignities , altered the course of Descent in the Bloud-Royal , and the like ; all which was unjust , and is void at this day , if the changes and deprivations of the former Princes could not be made ; and consequently none of these that do pretend to the Crown of England at this day can have any Title at all , because they descend from those men who were put up in place of the Deprived . And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech , viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment ; and that God hath allowed of , and assisted the same with good success unto the Weal-publick ; And if this be so , or might be so in Kings lawfully set in possession , then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity , if there be due reason and causes for the same , which is the head point that first we began to treat of , said the Civilian ▪ and with this ended he his Spech , without saying any more . CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes , which in the former Chapter is mentioned . What Interest Princes have in their Subjects Goods , or Lives ; How Oaths doth bind , or may be broken by Subjects towards Princes : And finally , the difference between a good King , and a Tyrant . WHen the Civilian had ended his Speech , the Temporal Lawyer looked upon the standers by , to see whether any would reply or no , and perceiving all to hold their peace , he began to say in this manner : Truly Sir I cannot deny , but the examples are many that you have alledged , and they seem to prove sufficiently that which you affirmed at the beginning ; to wit , that the Princes by you named , were deprived , and put down by their Common-Wealths , for their evil Government ▪ And good Successors commonly raised up in their places , and that the Common-Wealth had Authority also to do it ; I do not greatly doubt , at least wise , they did it de facto , and now to call those facts in question , were to imbroyl and turn up-side-down all the states of Christendom , as you have well signified ; but yet for that you have added this word Lawfuly so many times , in the course of your narration ; I would you took the pains to tell us also , by what Law they did the the same , seeing that Belloy , whom you have named before , and some other of his opinion do afirm ; that albeit , by nature , the Commonwealth have authority over the Prince ; to choose and appoint him at the beginning , as you have well proved out of Aristotle , and other ways : Yet having once made him , and given up all their Authority unto him , he is now no more Subject to their Correction , or Restraint , but remaineth Absolute of himself , without respect to any , but only to God alone , which they prove by the example of every particular Man , that hath Authority to make his Master or Prince , of his Inferior ; but not afterwards to put him down again , or to Deprive him of the Authority which he gave him , though he should not bear himself well and gratefully , but Discourteous rather , and Injuriously towards him that gave him first this Authority . To which also they do alledge , the Speech of the Prophet Samuel , in the first Book of the Kings , where the People of Israel demanded to have a King to Govern over them , as other Nations round about them had , and to leave the Government of the High Priests , under whom at that day they were . At which demand , both God himself , and Samuel , were grievously offended ; and Samuel ( by Gods express order , ) protested unto them in this manner , Well ( quoth he ) you will have a King , hearken then to this that I will say . Hoc erit jus regis , qui imperaturus est vobis . This shall be the Right and Power of the King that shall rule over you ; to wit , He shall take from you your Children , both Sons and Daughters , your Fields and Vineyards , your Harvest also , and Rents , your Servants , Hand-maids , and Herds of Cattel , and shall give them to his Servants , and you shall Cry unto God in that day , from the face of this your King , whom you have chosen , and God shall not hear you , for that you have demanded a King to Govern you . Thus far the Prophet : Out of all which discourse and Speech of the Prophet , these Men do gather , that a King is nothing so restrained in his Power , or Limited to Law as you have affirmed , but rather that his Law is his own will , as by the Words of the Prophet may appear ; and much less may the Commonwealth Chastise or Deprive him for exceeding the Limits of Law , or doing his will , seeing that herein this place , God doth foretel , that Princes oftentimes shall commit excesses and injuries , and yet doth he not therefore will them to Chasten or Depose them for the same , but rather insinuateth that they must take it patiently for their Sins , and cry to God for remedy and help therein , though he do not at the first hearken to them , or grant their redress : Hitherto the Temporal Lawyer , Whereunto answered the Civilian , that he confessed that Belloy and others his Companions , that Wrote in flattery of Princes in these our days , did not only affirm these things that the Temporal Lawyer had aledged ; and that Princes were Lawless and Subject to no accompt , reason , or correction , whatsoever they did , but also ( which is yet more absurd and pernicious to all Commonwealths ) that all Goods , Chattels , Possessions , and whatsoever else commodities Temporal , of the Commonwealth , are properly the Kings , and that their Subjects have only the use thereof , without any propriety at all , so as when the King , he may take it from them by right , without injustice or injury , which assertions do overthrow wholly the very nature and substance of a Commonwealth , it self . For first , to say that a King is Subject to no Law or Limitation at all , but may do what he will , is against all that I have alledged before of the very Institution of a Commonwealth , which was to live together in Justice and Order ; and as I shewed out of Cicero , speaking of the first Kings , Justicia fruendae causa bene morati Reges olim sunt constituti . For enjoying of Justice , were Kings appointed in old time that were of good life ; but if they be bound to no Justice at all , but must be born with and obeyed , be they never so Wicked , then is this end and butt of the Commonvvealth , and of all Royal Authority , utterly frustrate : Then may we set up publick Murderers , Ravishers , Thieves , and Spoylers to devour us , in stead of a King and Governours to defend us , for such indeed are Kings that follow no Law , but Passion and Sensuality , and do commit injustice , by their publick Authority ; And then finally , were all those Kings before mentioned , both of the Jews , Gentiles , and Christians , unlawfully deprived , and their Successors unlawfully put up in their places ; and consequently all Princes living in Christianity at this day , who are descended of them , are intruders , and no Lawful Princes . By the second saying also , that all Temporalities are properly the Princes , and that Subjects have only the use thereof ▪ without any interest of their own , no less Absurdities do follow , then of the former assertion ; For that first , it is against the very first principle and foundation of our Civil Law , which at the first entrance and beginning maketh this division of goods ; That some are common by nature to all Men , as the Air , the Sea , and the like , others are publick to all of one City or Countrey , but yet not common to all in general , as Rivers , Ports , and other such : Some are of the Community of a City or Commonwealth , but yet not common to every particular Person of that City , as common Rents , Theaters , the publick Houses , and the like : Some are of none , nor properly of any mans goods , as Churches and sacred Things ; And some are proper to particular Men , as those which every Man possesseth of his own . Which division , of Justinian the Emperour , and his most learned Lawyers is not good , if the Prince be Lord Proprietor of all ▪ Nay , he that made this Division , being Emperour , did great injury also to himself , in assigning that to others which by the opinion of Belloy and his Fellows was properly and truly his own , in that he was Emperour and Lord of the World. Besides all this , so absurd a saying is this , as it overthroweth the whole nature of a Common-wealth it self , and maketh all Subjects to be but very slaves : For that Slaves and Bond men ( as Aristotle saith ) in this do differ from Free-men , that Slaves have only the use of things without Property or Interest , and cannot acquire or get to themselves any Dominion or true Right in any thing ; for that whatsoever they do get accrueth to their Master , and not to themselves ; And for that the condition of an Ox or an Ass is ▪ the very same in respect of a poor man that hath no Slave , for that the Ox or Ass getteth nothing to himself , but only to his Master , and can be Lord of nothing of that for which he laboureth : For this cause also wittily said Aristotle , That ( Bos aut Asinus pauperi Agricolae pro servo est ; ) an Ox or an Ass is to a poor Husbandman instead of a Bond-man : And so seeing that Belloy will needs have the state and condition of all Subjects to be like unto this in respect of their Prince , and that they have nothing in propriety but only the use , and that all Dominion is properly the Prince's ; What doth the other then make all Subjects not only Slaves , but also Oxen and Asses , and pecora campi . Last of all , ( for I will not over-load you with reasons in a matter so evident ) if all Subjects Goods be properly the Kings , why then was Ahab and Jezebel , King and Queen of Israel , so reprehended by Elisha , and so punished by God , for taking away Naboth's Vineyard , seeing they took but that which was their own ? Nay , why was not Naboth acoused of Iniquity , Rebellion and Treason , for that he did not yield up presently his Vineyard , when his Sovereigns demanded the same , seeing it was not his but theirs ? Why do the Kings of England , France and Spain ask money of their Subjects in Parliaments , if they might take it as their own ? Why are those Contributions termed by the Names of Subsidies , Helps , Benevolences , Lones , Prests , Contributions , and the like , if all be due , and not voluntary on the Subject's part ? How have Parliaments oftentimes denied to their Princes such helps as they demanded ? Why are there Judges appointed to determine matter of Suits and Pleas between the Prince and his Subjects , if all be his , and the Subject have nothing of his own ? And last of all , why doth the Canon-law ( which is part also of my profession , and received in most Countries of the World ) so straitly inhibit all Princes , upon pain of Excommunication , to impose new Impositions and Taxes upon their people without great consideration and necessity , and free consent of the Givers , if all be the Princes , and nothing of the Subjects ? Nay , why be all Princes generally at this day prohibited to alienate any thing of their own Crown , without consent of their people , if they only be Lords of all , and the people have interest in nothing ? And hereby also we may gather what the Prophet Samuel meant when he threatened the Jews with the disorders of Kings that should reign over them , not that these disorders were lawful , or appertained to a righteous King , but that seeing they refused to be under the moderate Government of their High-Priests and other Governours which God had given to them hitherto , and required to be ruled by Kings , as the Heathen Nations of Aegypt , Babylon , Syria and Persia were , whose manner of Government not only Historiographers but Philosophers also , and Aristotle among the rest , doth note to have been very Tyrannical ; yet since the Jews would needs have that Government as a matter of more Pomp and Glory than that which hitherto they had had , Samuel did first insinuate unto them what Extortion and Wickedness those Heathen Kings did use commonly over their people , in taking their Children , Servants , Wives , Goods , and the like from them , and that many Kings of Israel should do the like , and take it for their Right and Sovereignty , and should oppress and tyrannize over them , and inforce them to cry out to God for help , and they should not find remedy , for that so headily they had demanded this change of Government , which highly displeased Almighty God ; And this is the true meaning of that place , if it be well considered , and not to authorize hereby Injustice or Wickedness in any King , seeing the principal points recorded to all Princes and Kings throughout the whole course of Scripture , are dilligere judicium & justitiam , apprehendere Disciplinam , & facere veritatem ; that is to say , To love Judgment and Justice , to admit Discipline , and to execute Truth : And this is the Instruction that God gave to the Jews ( in Deutronomy ) for their Kings , when they should have them , which God fore-told many years before they had any ; And this is the Admonition that King David left unto his Son and Successor Solomon at his death , and by him to all other Kings and Princes ; And for want of observing these points of Judgment , Justice , Discipline and Truth , we see not only Ahab and Jezebel before-mentioned grievously punished , but many other Kings also by God himself , as Ahaz , Manasses , Joachim and the like , which had not been Justice on God's part to punish them , if it had been lawful for them to use what manner of proceeding towards their people , as these good Instructers of Princes in our days , most fondly and wickedly do affirm : And thus much for that place . But to the first point which you asked , by what Law the Commonwealths that are mentioned in the former Chapters did punish their evil Princes ? I have answered you before , that it is by all Law , both Divine and Humane : Divine , for that God doth approve that form of Government which every Commonwealth doth choose unto it self , as also the Conditions , Statutes and Limitations which it self shall appoint unto her Princes , as largely before hath been declared : And by all Humane Law also ; for that all Law , both natural , national and positive , doth teach us , That Princes are subject to Law and Order , and that the Common-wealth which gave them their Authority for the common good of all , may also restrain or take the same away again , if they abuse it to the common evil . And whereas these men say , That like as if a private man should make his inferiour or equal to be his Prince , he could not after restrain the same again , and so neither the Commonwealth , having once delivered away her Authority : I answer ; first , That the comparison is not altogether like , for that a private man , though he give his voice to make a Prince , yet he ( being but one ) maketh not a Prince as the Commonwealth doth , and therefore no marvel though it lie not in a particular man to unmake him again ; Besides this , a private man having given his voice to make his Prince , remaineth subject and inferiour to the same , but the whole Body ( though it be governed by the Prince as by the Head , yet ) is not inferiour , but superiour to the Prince ; neither so giveth the Commonwealth her Authority and Power up to any Prince , that she depriveth her self ut●e●ly of the same , who● need shall require to use it for her defence ▪ for which she gave it . And finally , ( which is the chiefest reason of all , and the very ground and foundation indeed of all Kings Authority among Christians ) the Power and Authority which the Prince hath from the Commonwealth is ( in very truth ) not absolute , but pot●stas vicaria , or deligate , as we Civilians c●l● it , that is to say , a power delegate , or power by Commission from the Commonwealth , which is given with such restrictions , cautels and conditions ; yea , with such plain Exceptions , Promises and Oath● of both parties , ( I mean between the King and Commonwealth , at the day of Admission or Coronation ) as if the same be nor kept , but wilfully broken ▪ on either part , then is the other not bound to observe his Promise neither , though never so solemnly made or sworn , for that in all Bargains , Agreements and Contracts , where one part is bound mutually and reciprocally to the other , by Oath , Vow , or Condition there , if one side go from his promise , the other standeth not obliged to perform his : And this is so notorious by all Law , both of Nature and Nations , and so conform to all Reason and Equity , that it is put among the very Rules of both the Civil and Canon-Law , where it is said , Frustra fidem sibi quis postulat servari ab eo , cui fidem à se prestitatem servare recusat ; He doth in vain require promise to be kept unto him at another mans hands , to whom he refuseth to perform that which himself promised . And again , Non abstringitur quis juramento ad implendum , quod juravit , si ab alio parte non impletur , ●ujus respectu praeb●it juramentum ; A man is not bound to perform that which by Oath ●e promised , if on the other part that be not performed in respect whereof this Oath was made : As for Example ; If two should swear the one to assist the other upon the way in all respects , and after falling upon enemies that were either Kin or Friends to the one of them , and he should take their part against his fellow , cleer it is , that the other was not bound to keep his Oath towards that party , that hath so wickedly broaken it to him : Nay not only in this case , that is so evident , and palpable by Nature it self , but in many other also , it is both lawful , honest , and convenient , to leave some time the performance of our Oath , as namely when the fulfilling thereof , should come in any notable hurt or inconveniency against Religion , Piety , Justice , Honesty , or the weal-publick , or against the party himself to whom it was made ; as if a Man had Sworn to restore a Sword to a mad or furious Man , wherewith it were likely he would destroy himself and others , and other like cases , which Cicero putteth down in his first Book of Offices , and deduceth them from the very ground of nature , and reason it self , and sayeth , That it were contrary to the Duty of a Good or Honest Man , in such cases to perform his promise . Our Divines also do alledge the example of Herod , that had Sworn to the Daughter of Herodias , to give her what she demanded , who demanding the Head of St. John Baptist , though Herod were sorry for the same , yet saith the Text , That for his Oaths sake , he commanded it to be performed , which yet no Man will deny , but that it had been far better left unperformed , and the Oath better broaken then fulfilled , according to another rule of the Law , which sayeth , In malis promissis fidem non expedit observari , it is not expedient to keep our promise in things evil promised . And finally to this purpose , to wit , to determine how many ways an Oath may be lawfuly broken , or not kept , there is a whole title in the Canon-Law , containing 36. Chapters , wherein are set down many and divers most excellent and evident cases about the same , determined by Gregory the first , and other ancient Popes and Doctors ; and in the second part of the Decretal , there is alledged this sentence out of Isidorus , and Established for Law. In malis promissis rescinde fidem , in turpi voto muta decretum , impia enim promissio , qua scelere impletur , that is , In evil promises perform not your word , in an unlawful Vow or Oath , change your determination , for it is an impious promise , which cannot be fulfilled , but with wickedness , and the very same matter is handled in the Question following , which is the fifth throughout 23 : whole Chapters together . So as nothing is more largely handled in our Law , both Civil and Canon , then this matter of promises , and others , how and when , and why , and in what case , they hold or bind , and when not . All which to apply it now unto our matter of Kings , that we have in hand ; We are to understand , that two evident Cases are touched here as you see , when a Subjects Oath or Promise of obedience , may be left unperformed towards his Prince : The first , when the Prince observeth not at all his promise and Oath made to the Commonwealth , at his admission or Coronation , and the other when it should turn to the notable damage of the weal-publick , ( for whose only good the Princes Office was ordained , as often before hath been said and proved ) if the Subject should keep and perform his Oath and promise made unto his Prince . And both these cases are touched in the deprivation of Childerike the last King of France , of the first Line of Pharamond , which was recounted in the former Chapter , for that as Paulus Aemilius , Balforest , Girard , and other French stories do testify , the Bishop of Wirtsburg , that in the name of all the Nobility and Commonwealth of France , made his Speech to Zacharie the Pope , for his Deposition , and for the Election of Pepin in his place , alledged these two Reasons , saying , Truth it is , that the French have Sworn fidelity unto Childerick , as to their true and natural King , but yet with condition , that he on his part should also perform the points that are incident to his Office , which are , to defend the Commonwealth , protect the Church of Christ , resist the Wicked , advance the Good , and the like : and if he do this , then the French are ready to continue their Obedience and Allegiance unto him : But if he be apt for none of these things , neither fit , either for a Captain in War , or for a Head in Peace , and if nothing else may be expected whilst he is King , but detriment to the State , Ignominy to the Nation , danger to Christian Religion , and Destruction to the weal-publick : Then it is lawful for you no doubt ( most Holy Father ) to deliver the French from this band of their Oath , and to testifie that no promise can bind this Nation in particular , to that which may be hurtful to all Christendom in general . Thus far that Bishop , and his Speech was allowed , and Childerick Deposed , and Pepin made King in his place , as the World knoweth . By this then you see , said the Civilian Lawyer , the ground whereon dependeth the righteous and lawful Deposition and Chastisement of Wicked Princes , to wit , their failing in their Oaths and Promises , which they made at their first entrance , that they would Rule and Govern justly , according to Law , Conscience , Equity , and Religion , wherein when they fail , or wilfully decline , casting behind them all respect of obligation and duty , to the end for which they were made Princes , and advanced in dignity above the rest ; then is the Commonwealth not only free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes , but is bound moreover for saving the whole Body , to Resist , Chasten , and Remove such evil Heads , if she be able , for that otherwise all would come to Destruction , Ruine , and publick Desolation . And here now come in , all those considerations which old Philosophers , Law-makers , and such others as have treated of Commonwealths , are went to lay down , of the difference and contrariety between a King and a Tyrant , for that a King ( as both Plato and Aristotle do declare ) when once he declineth from his duty , becometh a Tyrant , that is to say , Of the best and most Soveraign thing upon Earth , the worst and most hurtful Creature under Heaven , for that as the end and Office of a King , is to make happy his Commonwealth , so the end of a Tyrant is to destroy the same . And finally , the whole difference is reduced to the principal head that before I have mentioned , to wit , that a King ruleth according to Equity , Oath , Conscience , Justice , and Law prescribed unto him : And the other is Enemy to all these conditions , whereof if you will read many more particulars , and signs to know a Tyrant by ; I will remit you to a special Book set forth of this matter , by one Bartolus , Father ( as you know ) of our Civil Law , where the matter is handled largely : as also how lawful and commendable it is to resist any Tyrant . And finally , he concludeth with Cicero in his Books de legibus , where he sayeth , ut populo Magistratus , it● M●gistratui presunt leges . A good Prince or Magistrate maketh his accompt , that as he is over the People , so Laws are over him , and a Tyrant the Contrary . And greatly is commended the saying of Theodosius and Valentinian , two worthy Emperours , recorded in our Civil Law , who said , Digna vox est Majestate regnantis legibus se alligatum fateri . It is a Speech worthy of the Majesty of him that Reigneth , to confess that he is bound unto the Laws , and the contrary saying of the Tyrant Cajus Caligua , is justly detested by all Writers ▪ who said unto one , as Suetonius reporteth . Memento mihi omnia & in omnes licere ; remember , that all things are lawful unto me , and against all Men without exception . The saying also of the famous Emperour Trajan deserveth Immortal Memmory and commendation : who when he delivered the Sword to a Pretor or Governour of Rome , to do Justice ; he added these Words , Take this Sword , and if I do Reign justly , use it for me , and if not , then use it against me . Which in effect and substance are the very same Words which our Christian Princes at this day do use at their Entrance and Coronations , when they promise and Swear to rule justly , and according to the Laws , Statutes , and Ordinances of their Countrey ; And upon that condition do take the Oaths of their Subjects Obedience , protesting therewithal , That if they perform not this , that then their Subjects are free , as before from all Allegiance , and then may the Commonwealth , as also the very Officers themselves of such a King , use their Sword against him , who gave it to them , for the publick good , if need so require , as Train Commanders . It was truly the Words of a Noble Prince , said a certain Captain of the Company there present , and rightly deserved he to be well obeyed , who gave so liberal and just a Commission to be disobeyed : But for that you said , they that are Princes now adays do the like in effect , at their admission to Government , and at their Coronations : I would be glad to hear what they say or Swear at this their entrance , for certain I am that afterwards I find very few Princes , that are contented to have this point put in Execution , I mean to be disobeyed whatsoever they do , or howsoever they Live : And moreover I say , that whatsoever you Lawyers sit and talk of Princes right in your Studies , yet I find no way but Hanging for a Man of my profession , if he shall disobey the worst Prince that liveth ; and you Lawyers will be the first that shall give sentence against him , if he chance to come before you in Judgment . True it is , ( said the Civilian , ) where Martial Authority taketh place there 's no question of right availeth to be disputed ; and if a Lawyer or any other Man else , be in fear or danger of his own Life , he will rather give Sentence against another , then receive it against himself ; but we talk not here what Men may be driven to do by fear or force of evil Princes , but what in right Equity , and good Conscience may be done : And this not so much by private or particular Men , ( who may not be over busie in examining Princes rights , or whether they perform their Duties or no ) as by the Commonwealth , upon urgent necessity and due deliberation had , against evil Princes , that break openly their Oaths and Promises made at their first entrance , which promises , for that you are desirous to understand them , I am content to pass over all unto this point , and so much the rather , for that it maketh much to the purpose we have in hand ; or rather it is , the very true ground indeed , both of lawful Government and Subjection , among Christian People . For that by this Oath , both the Prince and Subject do come to know and agree upon their duties and obligations the one towards the other , as also both of them , towards God and their Native Countrey . But for that this morning seemeth now much spent , and my stomack telleth me that our Dinner cannot be far off , let us defer this matter if you please until the afternoon , at what time , we shall Crown a King between us here ; with much more facility when we shall have less occasions of hunger to distract our cogitations . CHAP. V. Of the Coronations of Princes , and manner of their Admission to their Authority , and the Oaths which they do make in the same unto the Commonwealth , for their good Government . DInner being ended , the Civilian Lawyer began to prosecute the matter propounded in the end of the former Chapter , concerning Oaths and Promises made by Princes at their first admission to Government ; wherein first he declared that for as much as not Nature , but the Election and consent of the People , had made their first Princes from the beginning of the World , as largely before and often had been demonstrated : most certain it appears , and conform to all Reason , that they were not prefered to this eminent Power and Dignity over others , without some conditions and promises made also on their parts , for using well this Supreme Authority given unto them ; seeing it ▪ is not likely ( quoth he ) that any People would ever yield to put their Lives , Goods , and Liberties in the hands of another , without some promise and assurance of Justice and Equity to be used towards them ; and hereof he said it came to pass , that both the Romans and Grecians prescribed those laws and limits to their ancient Kings which before have been specified . And in every Commonwealth , the more orderly the Prince cometh to his Crown and Dignity , the more express and certain have been ever these conditions and agreements between him and the people ; as on the other side , the more violently the Prince getteth his Authority , or by Tyranny and Disorder , as those ancient and first Tyrants of Assyria , to wit , Nimrod , Belus , and the like , that by meer force and guile got rule over the others , and the old Kings of Ae●ypt and Babylon , and those of the Roman Emperours , that by violence of Souldiers only got into the Royal Seat , and all such as at this day do get by force to reign among the Turks ▪ Among these ( I say ) it is no marvel that few conditions of just dealing may be expected , though I doubt not but yet to their Followers and Advancers these men also do make large promises of good Government at the beginning , as all ambitious men are wont to do , though with litle intention of performance . But in all good and well-ordered Common-wealths , where matters pass by Reason , Conscience , Wisdom and Consultation , and especially since Christian Religion hath prevailed , and given perfection to that natural light which moral good men had before in matters of Government : since that time ( I say ) this point of mutual and reciprocal Oaths between Princes and Subjects , at the day of their Coronation or Admission ( for all are not Crowned ) have been much more established , made clear and put in ure . And this form of agreement and convention between the Commonwealth and the Christian Head or King , hath been reduced to a more Sacred and Religious kind of Union and Concord than before ; for that the whole action hath been done by Bishops and Ecclesiastical Prelates , and the Astipulation and Promises made on both sides , have passed and been given , received and registred with great reverence in sacred places , and with great solemnity of Religious Ceremonies , which before were not so much used , though there were some . And therefore our Examples at this time shall be only of Christian Commonwealths , for that they are more peculiarly to our purpose , as you will confess . First then , to begin with the East or Greek Emperors of Constantinople , as the most ancient among other , for that after the Empire once translated from Rome to Constantinople by our Constantine the Great , the first Christian Emperour that ever did publickly shew himself for such , These Greek Emperours were the most eminent Princes in all Christianity , among whom I do find that albeit their coming to the Crown were nothing so orderly for the most part as at this day it is used , but many times the means thereof were turbulent and seditious ; yet find I ( as I say ) that above a Thousand years ago , they were wont to have an Oath exacted at their hands by the Patriarch of Constantinople , who was their chief Prelate : For thus writeth Zonaras of the Coronation of Anastatius the first , that succeeded Zeno , about the year of Christ 524. Antequaem coronaretur , Fidei confessionem scriptam ; qua polliceretur , se in dogm●tibus Ecclesiasticis nihil esse novaturum , ab eo exegit Patriarcha Euphemius vir sanctus & orthodoxus . The Patriarch Euphemius being a Holy and Catholick man , required of Anastatius , elected Emperour , before he was Crowned , a Confession in Writing , wherein he should promise to change or innovate nothing in matters pertaining to the Doctrine of the Church . Thus much Zonaras ; and the same have Nicephorus Evagrias and others . And not only this , but divers other conditions also , doth the same Author insinuate that this Anastatius promised at his Coronation , before he could be Crowned ; as ( among other things ) the taking away of certain Tributes and Impositions , the giving of Offices without Money , and other such like points , appertaining to Reformation and good Government , which he performed for a time , in the beginning of his Government ; but afterwards fell into the Heresies of the Eutichians , and banished this good Patriarch Euphemius , that had Crowned him ; and he thrived thereafter , for that he was slain by a Thunder-bolt from Heaven , after he had reigned 27 years , and was accounted for a very wicked man by all Writers , for that he had broken ( as they said ) the Conditions , quas gravi juramento scriptis relato confirmasset . That is to say , The conditions which he had confirmed and avowed with a grave Oath ; as saith Evagrius . The like I read about 300 years after ( recorded by the same Author ) of the Emperour Michael the first , in these words . Michael ubi diluxit , magnam ecclesiam ingressus , à Patriarcha Nicephoro imperatorio diademate est ornatus , postulato prius scripto , quo promitteret , se nulla ecclesiae institutae violaturum , neque Christianorum Sanguine manus contaminaturum : Which is , Michael ( new chosen Emperour ) came early in the morning into the great Church of Constantinople , and was Crowned there with the Imperial Crown , by the hands of Nicephorus the Patriarch ; But yet so , as he was first required to swear and promise by writing , That he would not violate the Ordinances of the Church , nor contaminate his hands with Christian Bloud : Which ( in effect ) is as much as to say , That he should reign godly and justly . And many other such Examples might be alledged ; but by this it is ●asie to see what was the fashion of Admitting and Crowning those Grecian Emperours by their Patriarch● , in the Name of all the Commonwealth , which Commonwealth was not satisfied with an Oath , except also it were set down in writing . And if we pass to the Latine and West Empire , which about this very time was restored by Zachary the Pope , and by the whole Commonwealth of Rome , ( as before hath been shewed , and was given to Charles the Great and his Posterity , ) we shall find that this point is more settled and more inviolably kept yet in this Empire , than in the other ; for albeit this Empire of the West went by Succession for the most part at the beginning , until afterwards it was appointed by Pope Gregory the fifth to pass by Election of certain Princes in Germany , that now enjoy that priviledge to be Electors ; Yet shall we see always that they ▪ even before this constitution , when this Dignity went by Succession , were never admitted to the same , without this circumstance of swearing to conditions of righteous Government : The form and manner of which admission , for I find it set down more perfectly and particularly in the Coronation of Otho the first , than of any other Emperour , and that by many Authors , and that this Otho was Son and Heir unto the most famous Emperour Henry , the first of that Name , Duke of Saxony , surnamed the Faulkner , for the great delight he had in the flight of Faulcons : For these causes I mean to begin with the Coronation of this man before any other . This Otho then , Son ( as I have said ) to Henry the first , though being his eldest Son , he was also his Heir , and so named by Henry himself to the Inheritance of the said Crown of Germany , yet was he not admitted thereunto until he made his Oath rand received his new approbation by the people ; for the story saith , That the Archbishop of Moguntia ( who is the chief Primate of all Germany ) bringing him to the Altar where he must swear , said these words unto the people ; Behold I bring you here Otho , chosen by God , and appointed out by his Father Henry our Lord , and now made King by all the Princes of this Empire ; If this Election please you , do you signifie the same by holding up your hands to Heaven ▪ Thus far are the words of the Historiographer ; And then he addeth , That all held up their hands , and that thereupon the said Archbishop turned about to the Altar , where lay all the Ornaments and Ensigns of the Empire , as the Sword with the Girdle , the Cloke with the Bracelets , the Staff with the Scepter , and Diadem , every one whereof the Archbishop put upon the Emperour , telling him the signification of each thing , and what it did bind him unto : As for example , when he put the Sword about him , he said , Accipe hunc Gladium , quo licias omnes Christi adversarios & malos Christianos , authoritate Divina per Episcopos tibi tradita ; which is , Take unto thee this Sword , whereby thou maist drive away all the Enemies of Christ , whether they be barbarous Infidels or evil Christians , and this by the Authority of God delivered unto thee by us that are Bishops . And thus he did with all other Ornaments and Ensigns , telling the signification and obligation of every one , and taking the Emperour's promise to perform all . And after all , the Historiographer concludeth thus ; Rex perfusus Oleo sancto , coronatur Diademate aureo , ab Episcopis , & ab eisdem ad solium regale ducitur & in eo coclatur ; that is , The King being anointed with holy Oyl was crowned by the Bishops , and by the same was brought to the Royal Seat , and therein placed . This happened about the year of Christ 940. And the Ceremony is recounted more ample in this Mans Coronation , then in any other , both for that he was a very Noble Prince , and the very first of the Germain Nation , that was lawfully and orderly preferred to the Imperial Seat , after that it passed from the Children of Charles the Great ; and there be divers points worthy the noting in this example , and among other , that albeit he were lawful King and Emperor by Succession , as also by appointment of his Father : Yet was he chosen and admitted again by the Prince and People , and that he Swore to fulfil all those points and conditions , which the signification of the Emperial Ornament did bind him unto . After this , about sixteen years or more , Pope Gregory the fifth , in a Synod holden in Rome , did by the consent of Otho the third Emperour , and Nephew unto this other Otho , of whom we have now treated , appoint a certain Form of Election for the time to come of the German Emperour ; to wit , that he should be chosen by six Princes of Germany , three Ecclesiastical , which are the Archbishops of Moguntia , Colen , and Trevires , and three Temporal Lords , to wit , the Duke of Saxony , the Count Palatine of Rhene , and the Marquess of Brandeuburg ; and when these six voices should happen to be equally divided , then that the Duke of Bohemia ( for then it was no Kingdom ) should have place also to determine the Election . All which was determined in the year of Christ 996. in Rome ▪ and approved afterward by all the Princes of Germany , and allowed by all other Christian Princes , and States of the World , and so endureth unto this day . And among all other points , this of his Coronation and his Oath to be taken for his well Government , was and is most exactly set down , and recorded by many Historiographers of that time , and since ; But I shall aledge them out of John Sleydan , as the most convenient Author for this our time and purpose . First of all , then he Writeth that after any Man is chosen Emperour , he is to be called only Caesar , and the King of the Romans , and not Emperour , until he be Crowned , and the Conditions which he Sweareth unto , presently after his Election , Are to defend the Christian and Catholick Religion , to defend the Pope and Church of Rome , whose Advocate he is , to Minister Justice equally to all , to follow Peace , to keep and observe all Laws , Rights , and Priviledges of the Empire , not to alienate or engage the possessions of the Empire , to condemn no Man without hearing his cause , but to suffer the course of Law to have its place , in all and whatsoever he shall do otherwise , that it be void and of no Validity at all . Unto all these Articles , he Sweareth first by his Legates , and then he giveth a Copy of his Oath in Writing to every one of the six Electors , and after this he goeth to the City of Aquis-grun to be Crowned in that great Church ; where , about the middle of the Mass , the Archbishop of Colen goeth unto him in the presence of all the People , and asketh , whether he be ready to Swear and promise to observe the Catholick Religion , defend the Church , Minister Justice , protect the Widdows and Fatherless , and yield dutiful Honour and Obedience to the Pope of Rome ? Whereunto he answering , That he is ready to do all this ; The Archbishop leadeth him to the high Altar , where he Sweareth in express words , all these Articles ; which being done , the said Archbishop turning himself to the Princes of the Empire , and People there present , doth ask them , Whether they be content to Swear Obedience and Fealty unto him ? Who answering Y ▪ a ; He is Annointed by the said Archbishop before the Altar , and then do come the other two Archbishhps of Moguntia and Treviers , and do lead him into the Vestery , where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair , upon whom the Archbishop of Colen sayeth certain Prayers ; and then delivereth him a Sword drawn , and putting a Ring upon his finger , and giveth him a Scepter in his hand , and then all the three Archbishops together , do put on the Crown upon his head , and leading him so Crowned and Apparreled unto the high Altar again ; He Sweareth the second time , That he will do the part of a good Christian , and Catholick Emperor . Which being ended , he is brought back and placed in the Emperial seat and Throne , where all the Princes of the Empire do Swear obedience and faith unto him , beginning with the three Archbishops , and continuing on with the three other Electors , and so all the rest in order , which is a notable and magestical manner of admitting and authorising of a Prince as you see , and it is to be marked among other things , that the Emperour Sweareth three times , once by his Deputies , and twice by Himself ▪ before his Subjects Swear once unto him , and yet will Belloy as you have heard , needs have Subjects only bound to their Princes , and the Prince nothing at all bound to them again . In Polonia ( which being first a Dukedom was made a Kingdom , about the same time that this form of electing of the German Emperour was prescribed ) the manner of Coronation of their King , is in substance the very same that we have declared to be of the Emperour . For first of all , the Archbishop of Guesua Metropolitant of all Polonia , cometh to the King standing before the high Altar , and sayeth unto him these words . Whereas you are right Noble Prince to receive at our hands at this day , who are ( thought unworthily ) in place of Christ for execution of this Function , the sacred Anointing and other Ceremonies , Ensigns , and Ornaments appertaining to the Kings of this Land ; it shall be well that we admonish you in a few words , what the charge importeth , which you are to take upon you , &c. Thus he beginneth ; and after this , he declareth unto him for what end he is made King , what the obligation of that place and dignity bindeth him unto , and unto what points he must Swear , what do signifie the Sword , the Ring , the Scepter , and the Crown that he is to receive , and at the delivery of each of these things , he maketh both a short exhortation unto him , and prayer unto God for him . And the Kings Oath is in these Words . Promitto coram Deo & Angelis ejus . I do promise and Swear before God and his Angels , that I will do Law and Justice to all , and keep the Peace of Christ his Church and the union of his Catholick Faith , and will do and cause to be done , due and Canonical Honour unto the Bishops of this Land , and to the rest of the Clergy , and if ( which God forbid ) I should break my Oath , I am content that the Inhabitants of this Kingdom , owe no Duty or Obedience unto me as God shall help me , and Gods holy Gospels . After this Oath made by the King , and received by the Subjects , the Lord Martial General of the whole Kingdom , doth ask with a loud voice of all the Councellors , Nobility , and People there present ; Whether they be content to submit themselves unto this King or no. Who answered Yea. The Archbishop doth end the residue of the Ceremonies , and doth place him in the Royal Throne , where all his Subjects do Homage unto him : And thus for Polonia . In Spain I do find , that the manner of admitting their Kings was different , and not the same before and after the destruction thereof by the Moors , but yet that in both times their Kings did Swear in effect the self same points , which before have been mentioned in other Kingdoms . For first , before the entring of the Moors , when Spain remained yet one General Monarchy , under the Goths , it is recorded in the fourth national Councel of Toledo , which was holden in the year of our Lord 633. according to Ambrosio Morales , the most Learned and diligent Historiographer of Spain , ( though others do appoint it some few years after ) in this Councel ( I say ) it is said , that their new King Sissinandus ( who had expelled Suintila their former King for his evil Government . ) This King Sissinandus , I say coming into the said Councel in the third year of his Reign , accompanied with a most magnificent number of Nobles , that waited on him ; did fall down prostrate upon the ground , before the Archbishops , and Bishops there gathered together , which were 70. in number , and desired them with Tears to pray for him , and to determine in that Councel , that which shou'd be needful and most convenient , both for maintaining of Gods Religion , and also for upholding and prospering the whole Commonwealth , whereupon those Fathers after matters of Religion and Reformation of matters , which they handled in 72. Chapters . In the end and last Chapter , they come to handle matters of Estate also . And first of all they do confirm the Deposition of Kings , Suintila together with his Wife , Brother , and Children , and all for his great Wickedness , which in the Councel is recounted ; and they do deprive them not only of a Title to the Crown , but also of all other goods , and possessions , moveable and immovable , saving only that which the new Kings mercy should bestow upon them ; And in this Councel was present and subscribed first of all other , S● Isidorus Archbishop of Sivil , who Writing his History of Spain , dedicated the same unto this King Sissinandus , and speaketh infinite good in the same , of the Vertues of King Suintila , that was now Deposed and condemned in this said Councel , whereby it is to be presumed , that he had changed much his life afterwards , and become so wicked a Man , as here is reported . After this , the Councel confirmeth the Title of Sissinandus , and maketh Decrees for the defence thereof , but yet insinuateth what points he was bound unto , and whereupon he had Sworn when they said unto him , Te quoque praesentem regem ac futuros aetatum sequentium principes . &c. We do require you , that are our present King , and all other our Princes that shall follow hereafter , with the humility which is convenient , that you be meek and moderate towards your Subjects , and that you govern your People in Justice and Piety ; and that none of you do give sentence alone against any man in case of Life and Death , but with the consent of your publick Councel , and with those that be Governours in matter of Judgment . And against all Kings that are to come , we do promulgate this sentence , that if any of them shall against the reverence of our Laws , exercise cruel authority with proud domination , and Kingly pomp , only following their own concupiscence in wickedness , that they are condemned by Christ with the sentence of Excomunication , and have their seperation both from him and us to everlasting Judgment ; And this much of that Councel . But in the next two years after the end of this Councel , King Sissinandus being now dead , and one Chintilla made King in his place ; There were other two Councels gathered in Toledo , the first whereof was but Provincial , and the second National , and they are named by the names of the fifth and sixth Councels of Toledo . In the which Councils , according to the manner of the Goths , ( who being once converted from the Arian Heresie , were very catholick and devout ever after , and governed themselves most by their Clergy ) and not only matters of Religion were handled , but also of State and of the Commonwealth , especially about the Succession to the Crown , safety of the Prince , provision for his Children , Friends , Officers , ond Favourites , after his death , and against such as without Election or Approbation of the Commonwealth did aspire to the same ; all these points ( I say ) were determined in these Councils , and among other points a severe Decree was made in the sixth Council , concerning the King's Oath at his admission , in these words ; Consonam uno corde & ore promulgamus Deo placituram sententiam . We do promulgate with one heart and mouth , this Sentence agreeable 〈◊〉 pleasing unto God , and do decree the same with 〈◊〉 consent and deliberation of the Nobles and Peers of this Realm , that whosoever in time to come shall be advanced to the Honour and Pre●erment of this Kingdom , he shall not be placed in the Royal Seat until , among other conditions , he have promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith , &c. Thus far that Synod or Council . By which words , especially those ( among other conditions ) is made evident , that those Princes swear not only to keep the Faith , but also such other Conditions of good Government as were touched before in the fourth Council ; And these things were determined while their King Chintilla was at Tolledo , as Ambrosio Morales noteth . And thus much of Spain before the entrance of the Moors , and before the dividing thereof into many Kingdoms , which happened about 100 years after this , to wit , in the year of our Lord 713. and 714. But after the Moors had gained all Spain and divided them into divers Kingdoms , yet God provided it so , that within four or five years the Christians that were left and fled to the Mountains of Asturias and Biscay , found a certain young Prince named Don Pelayo of the ancient Bloud of the Gothish Kings , who was also fled thither and miraculously saved from the Enemies , whom they then chose to be their King , and he began presently the recovery of Spain , and was called first King of Asturias , and then of Leon , and afterwards his Successors got to be Kings also of Castilia and then of Toledo , and then of Aragon , Barcelona , Valentia , Murcia , Jaen , Cordua , Granado , Sivil , Portugal , and Navar , all which were different Kingdoms at that time , so made by the Moors , as hath been said . And all these Kingdoms were gained again by little and little , in more than seven hundred years space , which were lost in less than two years , and they never came again indeed into one Monarchy , as they were under Don Rodrigo their last King , that lost the whole , until the year of our Lord 1582. when Don Philip now King of Spain re-united again unto that Crown the Kingdom of Portugal , which was the last piece that remained seperated ; and this was almost 900 years after Spain was first lost . But now to our purpose , the Chronicler of Spain , named Ambrosio Morales , doth record in his Chronicle a certain Law , written in the Gothish Tongue , and left since the time of this Don Pelayo the first King , after the universal Destruction of Spain , and the Title of the Law is this ; Como se an de levantar Rey in Espua , y como el ha de jurar los fueros ; that is to say , How men must make their King in Spain , and how he must swear to the Priviledges and Liberties of that Nation . And then he putteth the Law , whereof the first saith thus : Before all things it is Established for a Law , Liberty and Priviledge of Spain , that the King is to be placed by voices and consent perpetually ; and this to the intent that no evil King may enter without consent of the people , seeing they are to give him that which with their Bloud and Labours they have gained from the Moors . Thus far goeth this first Article , which is the more to be marked , for that divers ( and those most ancient ) Spanish Authors do say , That from this Don Pelayo the Succession of Kings descended ever by propinquity of Bloud ; and yet we see that Election was joyned therewithall in express terms . The second part of the Law containeth the manner of Ceremonies used in these old days at the admission of their Kings , which is expressed in these words , Let the King be chosen and admitted in the Metropolitan City of this Kingdom , or ( at least wise ) in some Cathedral Church , and the night before he is exalted let him watch all night in the Church , and the next day let him hear Mass , and let him offer at Mass a piece of Scarlet and some of his own Money , and after let him Communicate ; and when they come to lift him up , let him step upon a Buckler or Target , and the chief and principal men there present hold the Target , and so lifting him up let them and the people cry with a lowd voice Real , Real , Real : Then let the King command some of his own Money to be cast among the people , to the quantity of a hundred shillings ; And to the end he may give all people to understand that none now is above him , let himself tie on his own Sword in the form of a cross , and let no Knight or other Man bear a Sword that day , but only the King. This was the old fashion of making Kings in Spain , which in effect and substance remaineth still ▪ though the manner thereof be somewhat altered , for that the Spanish Kings are not Crowned , but have another Ceremony for their admission , equal to Coronatron , which is performed by the Archbishop of Toledo , Primate of all Spain ▪ as the other Coronations before-mentioned are by the Archbishop of Moguntia to the Emperour , and by the Archbishop of Guesna to the King of Polonia , and by the Archbishop of Prague to the King of Bohemia , and the Archbishop of Braga to the King of Portugal , and by the Archbishop of Canterbury to the King of England , and by the Archbishop of Rhemes to the King of France , of which Realm of France we may not omit to say somewhat in particular , seeing it is so good a Kingdom , and so near to England , not only in Scituation , but also in Laws , Manners and Customs ; And as the Race of English Kings have come from them in divers manners since the Conquest , so may it be also supposed that the principal Ceremonies and Circumstances of this Action of Coronation have been received in like manner from them . First then , touching the act of Coronation and Admission of the King of France , even as before I have said of Spain , so also in this Kingdom do I find two manners of that action ; the one more ancient , which the French do say hath endured in substance from their first Christian King , named Clodoveus , unto this day , which is about 1100 years ; for that Clodoveus was christened in the year of our Lord 490 ▪ in the City of Rhemes by St Remigius Bishop of that City , and Anointed also , and Crowned King by same Bishop ; which manner and order of Anointing and Coronation endured for about 600 years , unto the time of Henry the first , and King Philip the first his Son , both Kings of France . At what time ( which is about 500 years ago ) both the Chroniclers and Cosmographers of France do testifie , that there was a peculiar Book in the Library of the Church of Bevais , containing the particular Order of this Action , which had endured from Clodoveus unto that time . Which order , for so much as toucheth the solemnity of Officers in the Coronation and other like Circumstances , was far different at that time from that which is now ; for that in those days there were no Peers of France appointed to assist the same Coronation , which now are the chief and the greatest part of that solemnity . Yea , Girard du Hailan Secretary of France in his third Book of the Affairs and State of that Kingdom , saith , That the Ceremonies of Crowning their old Kings was much after the fashion which I have noted a little before in this very Chapter , out of the Law of Don Pelayo , first King of Spain after the Moors ; for that they were lifted up , and carried about upon a Target by the chief Subjects there present , as the Spaniards were 〈…〉 But as touching the principal point of that action which is the substance of admitting the King unto his Royal Authority , and Oath by him made of governing well and justly , and of the reciprocal Oath of Obedience made to him again by his Subjects , it was not much different from that which now is , as shall appear by the Coronation of the aforesaid Philip the first , who was Crowned in the life and presence of his Father King Henry , after the fashion then used , in the year of Christ 1059. and it was , as N●ngis and Tollet ( both Authors of great Authority among the French , ) do recount it , and Francis Belforest out of them both , repeateth the same at large in manner following . King Henry the first of this Name , seeing himself very old and feeble , made an assembly of all the States of France in the City of Paris , in the year of Christ 1059. where , bringing in his young Son and Heir Philip , that was but nine years of age , before them all , he said as followeth ; Hitherto , my dear Friends and Subjects , I have been the Head of your Nobility and Men at Arms , but now by mine Age and Indisposition of Body , I must be separated from you , and therefore I do desire you , that if ever you have loved me you shew it now , in giving your Consent and Approbation that this my Son may be admitted for your King , and apparelled with the Royal Ornaments of this Crown of France , and that you will swear Fealty unto him , and do him Homage . Thus said the King , and then ( having asked every one of the Assistance in particular for his consent , and esterwards the whole Assembly in general , whether they would swear Obedience to him or no , and finding all to promise with a good will ) he passed over the Feast of the Ascension with great joy in Paris , and after went to Rhemes with all the Court and Train , to celebrate the Coronation upon the Feast of Whitsunday . Thus far are the words of William de Nangis alledged in the History of France by Belforest ; And it is to be noted , First , how the King did request the Noblity and People to admit his Son ; and secondly , how he did ask their consents apart ; for that these two points do evidently confirm that which I said at the beginning , that only Succession is not sufficient , but that Coronation ever requireth a new consent , which also includeth a certain Election or new Approbation of the Subject . This is proved also most manifestly by the very Order of Coronation , which ensueth in Belforest , taken word for word out of Tillet , in his Treatise of Records , in the Chapter of anointing the Kings of France , in these words : In the year of Grace 1059 and the 32 year of the Reign of King Henry , the first of that Name of France , and in the 4 th year of the Seat and Bishoprick of Rhemes , and on the 23 d. day of May , being Whitsunday , King Philip I. was anointed by the said Archbishop Gervais in the great Church of Rhemes before the Altar of our Lady , with the Order and Ceremony that ensueth . The Mass being done , when it came to the reading of the Epistle , the said Lord Archbishop turning about unto Philip the Prince that was there present , declared unto him what was the Catholick Faith , and asked him , Whether he did believe it ? and whe● he would defend it against all persons whatsoever ? who affirming that he would , his Oath was brought unto him , whereunto he must swear , which he took , and read with an audible voice ; and signed it with his own hand ; and the words of the Oath were these : Je Philippe par le grace de Dieu prochain d'estre ordonné Roy de France , promets au jour de mon sacré devant Dieu & fes Sanctes , &c. That is in English , ( for I will not repeat all the Oath in French , by reason it is somewhat long . ) I Philip by the grace of God , near to be ordained King of France , do promise in this day of my anointing , before Almighty God and all his Saints , That I will conserve unto all that Ecclesiastical Prelates , all Canonical Priviledges , and all Law and Justice due unto every one of you , and I will defend you ( by the help of God● as much as shall lie in my power , and as every King ought to do , and as by Right and Equity he is bound to defend every Bishop and Church to him committed within his Realm ; And furthermore , I shall administer Justice unto all people given me in charge , and shall preserve unto them the defence of Laws and Equity appertaining unto them , so far forth as shall lie in my Authority ; So God shall help me , and his holy Evangelists . This Oath was read by the King , holding his hands between the hands of the Archbishop of Rhemes and the Bishop of Syen and Bisanson , Legats of the Pope standing by , with a very great number of other Bishops of the Realm ▪ And the said Archbishop taking the Cross of St. Remigius in his hand , he shewed first to all the audience the ancient Authority which the Archbishops of Rhemes had even from the time of St. Remigius that baptized their first Christian King Clodoveus , to Anoint and Crown the Kings of France ; which he said was confirmed unto them by the Priviledge of Pope Hormisda , that lived in the year of Christ 5 ▪ 16. and after also by Pope Victor ; and this being done , he then ( by license first asked of King Henry the Father there present , ) did choose Philip for King. II eslent le dit Philippe son fils , en , & pour Roy de France : which is word for word , the Archbishop chose the said Philip , King Henry 's Son , in and for King of France ; which the Legates of the Pope presently confirmed , and all the Bishops , Abbots and Clergy , with the Nobility and People in their order did the like , crying out three times in these words : Nous le approvouns , nous le voulons , soit fait nostre Roy , that is , We will have him , let him be made our King : And presently Te Deum Laudamus was sung in the Choir , and the rest of the Ceremonies of Anointing and Coronation were done , according to the ancient order of this Solemnity , used in the time of King Philip 's Predecessors , Kings of France . Thus far do French stories recount the old and ancient manner of Anointing and Crowning their Kings of France , which had endured ( as I have said ) for almost 600 years ; that is to say , from Clodoveus unto this King Philip the First ; who was crowned in France seven Years before our William the Conquerour ( who also was present at this Coronation , and had the third place among the Temporal Princes , as Duke of Normandy , ) entred into England ; but after this time the manner and ceremonies were somewhat altered , and made more Majestical in outward shew , and this especially by King Lewis sirnamed the Younger , Nephew to the foresaid King Philip , who leaving the substance of the Action as it was before , caused divers external additions of Honour and Majesty , to be adjoined thereunto , especially for the Coronation of his son Philip the Second , sirnamed Augustus , whom he caused also to be crowned in his days , as his Grand-father Philip had been , and as himself had been also in his Fathers days . This Man ( among other Royal ceremonies ) ordained the Officers of the twelve Peers of France , six Ecclesiastical , and six Temporal , who are they which ever since have had the chiefest Places and Offices in this great Action ; for that the foresaid Arch-Bishop of Rhemes , entituled also Duke of Rhemes , hath the first and highest Place of all others , and anointeth and crowneth the King. The Bishop and Duke of ●aon bear the glass of Sacred Oyl . The Bishop and Duke of Langres the Cross : the Bishop and Earl of Bevais the mantle-Royal : the Bishop and Earl of Noion the King's Girdle ; And last of all , the Bishop and Earl of Chalons do carry the Ring ; And these are the six Ecclesiastical Peers of France , with their Offices in the Coronation . The Temporal Peers are the Duke of Burgundy , Dean of the Order , who in this day of Coronation holdeth the Crown : the Duke of Gascony and Guyene the first Banner quartered , the Duke of Normandy the second Banner quartered , the Earl of Tolousa the Golden Spurs , the Earl of Champany , the Banner Royal , or Standard of War ; and the Earl of Flanders the Sword Royal ; so that there are three Dukes & three Earls in every one of both Ranks of Spiritual and Temporal Lords ; and as Gerard noteth , the King is apparelled on this day three times , and in three several sorts ; The first as a Priest , the second as a King and Warriour , the third as a Judge ; And finally he saith that this Solemnity of Anointing and Crowning the King of France , is the most magnificent , Gorgeous and Majestical thing that may be seen in the world , for which he referreth us not only to the particular Coronations of these two ancient Kings , Philip the first and second , but also to the late Coronation of Henry the second , Father to the last Kings of France , which is also in print , and indeed is a very goodly and most notable thing to be read , though indeed much more to be seen . But to say a word or two more of Philip Augustus , before I pass any further , which happened in the Year 1179. and in the 25. of the reign of our King Henry the second of England , who , as the French Histories say , was present also at this Coronation , and had his Rank among the Peers , as Duke of Normandy , and held the Kings Crown in his hand , and one of his Sons had his Rank also as Duke of Gascony ; and the form used in this Coronation was the very same which is used at this day in the Admission of the Kings of France , in recounting whereof I will let pass all the particular ceremonies which are largely to be read in Francis Belforest , in the place before-mentioned , and I will repeat only the Kings Oath , which the said Author recounteth in these words . The Archbishop of Rhemes being vested in his Pontifical attire , and come to the Altar to begin Mass ( where the King also was upon a high seat placed ) he turned to him and said these words in the name of all the Clergy and Churches of France : Sirs , that which we require at your hands this day , is , that you promise unto us , that you will keep all Canonical Priviledges , Law , and Justice , due to be kept and defended as a good King is bound to do in his Realm , and to every Bishop and Church to him committed : whereunto the King answered I do promise and avow to every one of you , and to every Church to you committed , That I will keep and maintain all Canonical Priviledges , Law , and Justice , due to every man , to the utmost of my Power ; And by Gods help shall defend you as a good King is bound to do , in his Realm . This being done , the King did Swear and make his Oath , laying his hands upon the Gospel , in these Words following . Au nom de Jesus Christ , je jure & promets au Peuple Christien a moy suject ces choses , &c. Which is in English , In the name of Jesus Christ , I do Swear and promise to all Christian People , subject unto me , these points ensuing : First , to procure that all my Subjects be kept in the union of the Church , and I will defend them ▪ from all Excess , Rapine , Extortion , and Iniquity : Secondly , I will take order that in all Judgments , Justice shall be kept , with Equity and Mercy , to the end that God of his Mercy may conserve unto me , with you my People his Holy grace and mercy : Thirdly , endeavour as much as possible shall lie in me , to chase and drive out of my Realm and all my Dominions , all such as the Church , hath , or shall declare for Hereticks , as God shall help me and his Holy Gospels . Thus Sweareth the King , and then kisseth the Gospel , and immediatly is Sung , Te Deum Laudamus : and after that are said many particular Prayers by the Archbishop , and then is the King vested , and the Ring , Scepter , Crown , and the other Kingly Ornaments and Ensigns are brought and put upon him with Declaration , first , what they signifie , and then particular Prayers are made to God , that their signification may be by the King fulfilled And after all ended , the Archbishop with the Bishops do bless him , and say these words unto him . God which reigneth in Heaven , and governeth all Kingdoms bless you , &c. Be you stable and constant , and hold your Place and Right , from hence forth which here is committed and laid upon you by the authority of Almighty God , and by this present tradition and delivery , which we the Bishops and other Servants of God , do make unto you of the same , and remember you in place convenient , to bear so much more respect and reverence unto the Clergy ; by how much nearer than other men you have seen them to approach to God's Altar , to the end that Jesus Christ , Mediator of God and Man may confirm and maintain you by the Clergy and People , in this your Royal Seat and Throne , who being Lord of Lords , and King of Kings , make you Reign with him and his Father in the Life and Glory everlasting . Thus saith the Archbishop unto him , and after this he is led by him and the other Peers unto the Seat Royal , where the Crown is put upon his Head , and many other large Ceremonies used , which may be read in the Author aforesaid , and are too long for this place . And yet have I been the larger in this matter of France , for that I do not think it to be improbable which this Author and others do not , to wit , that most Nations round about have taken their particular Forms of Anointing and Crowning their Kings , from this ancient custom of France , though the substance thereof , I mean of their Sacring and Anointing , be deduced from Examples of far more Antiquity , to wit , from the very first Kings among the people of Israel , whom God caused to be anointed by his Priests and Prophets , in token of his Election , and as a singular Priviledge of Honour and Preheminence unto them , whereof King David made so great account , when he said to the Souldier that had killed Saul his Enemy in the War , quare non timuisti mittere manum tuam in Christum Domini ? Why didst thou not fear to lay thy hands upon the Anointed of God ? and he put him to death for it , notwithstanding that Saul had been long before deposed , and rejected by God , and that himself had lawfully born Arms against him for many days ; so much was that Ceremony of Anointing esteemed in those days , and so hath it been ever since among Christian People also ; For that Kings hereby are made Sacred , and do not only participate with Priests , but also with Christ himself who hath his Name of this circumstance of Anointing , as all the world knoweth . Probable then I say it is , that albeit the substance of this ceremony of Anointing Kings be much elder than the Christian Kingdom of France : yet is this particular and Majestical manner of doing the same by way of Coronation , the most antient in France above all other Kingdoms round about , especially if it began with the first Christian King Clodoveus not full 500. Years after Christ , as French Authors do hold . At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus , whereof they say they have still remaining for the anointing of their Kings at Rhemes , which point I will not stand to treat or discourse in this place , but rather will refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France , who alledgeth divers Writers of almost 500. years antiquity that write of the same ; But howsoever that be , very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited , ( which had their beginning long after the Reign of Clodoveus , ) might be taken from thence , and so the affinity and likeness of the one to the other doth seem to agree , and Garribay also the Chronicler of Spain and of Navarre , in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre , saith , that this excellent custom began there ( I mean in Navarre , ) above 800 Years past , and was brought in by certain Earls of Champayn of France , named Theobaldes , who coming to attain that Crown , brought with them that Reverend Ceremony of Anointing and Crowning their Kings , according to the use of the French , which custom endureth until this day in that part of Navarre , that is under the house of Vandome ; albeit in the other that is under the Spaniards , ( which is far the greater , ) it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon ; for that the Spanish Kings are never anointed , nor crowned , but otherwise admitted by the Common-Wealth , as before I have declared . But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France , not only for the reason before-alledged , that divers of our English Kings have come out of France , as William the Conquerour born in Normandy , King Stephen son to the Earl of Blois , and Bullen , a Frenchman , and King Henry the second , born likewise in France , and son to the Earl of Anjou : but also for that in very deed the thing it self is all one in both Nations ; And albeit I have not seen any particular Book of this Action in England , as in French there is ; yet it is easy to gather by Histories what is used in England about this affair . For first of all , that the Arch-Bishop of Canterbury doth ordinarily do this ceremony in England , as the Arch-Bishop of Rhemes doth it in France , there is no doubt , and with the same Solemnity and honour , according to the condition and state of our Countrey : and Polidor Virgil in his History noteth , that Pope Alexander did interdict and suspend the Arch-bishop of York , with his two assistants the Bishops of London and Salisbury , for that in the absence of Thomas Becket Arch-bishop of Canterbury , and without his Licence they did crown King Henry , at his Fathers perswasion , and divers do attribute the unfortunate success of the said King Henry the younger ( that rebelled against his Father , ) to this disorderly and violent Coronation by his Father's appointment : secondly , that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation , is about Religion , Church matters , and the Clergy , ( as in France we have seen ) it appeareth evidently by these words which the same Arch-bishop Thomas ( sirnamed commonly the Martyr , ) remaining in banishment wrote to the same King Henry the second , which are these ; Memores sit is confessionis quam fecistis & posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate , quando consecrati fuistis , & uncti in Regem à praedecessore nostro Thebaldo . Which is , Do you call to your remembrance the Confession , which you made and laid upon the Altar at Westminster , for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor . By which words appeareth , that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury , so did he swear and give up his Oath also in writing ; and for more solemnity and obligation , laid it down , ( or rather offered it up , ) with his own hands upon the Altar , so much as was required of him by the said Arch-bishop and Clergy , for the special safety of Religion , and these Ecclesiastical Liberties , which is the self same point that we have seen before , as well in the Oath of the Kings of France , as also of Polonia and Spain , and of the Emperours both Grecian and Gerusan . The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury , to another King Henry , to wit , by Thomas Arundel to King Henry the Fourth , when in a Parliament holden at Coventry , in the year 1404 the King was tempted by certain temporal men , to take away the Temporalities from the Clergy , whereunto when the said Arch-bishop Thomas had answered by divers reasons , at last turning to the King , he besought him ( saith Stow ) to remember the Oath which he voluntarily made , that he would honour and defend the Church and Ministers thereof . Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy , and to fear that King which reigneth in Heaven , and by whom all other Kings do reign : Moreover he desired him to consider his promise also to all the Realm , which was , that he would preserve unto every man their Right and Title , so far as in him lay . By which speech of the Arch-bishop the King was so far moved , as he would hear no more of that Bill of Laity ; but said that he would leave the Church in as good estate , or better than he found it ; and so he did : but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy . The other conditions also of good Government are partly touched in the speech of the Arch-bishop , and much more expressly set down in the King of Englands Oath , recorded by ancient Writers , for for that he sweareth , as both Holinshead and others do testify in their English Histories , in these very words , to wit , That he will during his Life bear reverence and honour unto Almighty God and to his Catholick Church , and unto his Ministers , and that he will administer Law and Justice equally to all , and take away all unjust Laws . Which after he had sworn , laying his hands upon the Gospels : then doth the Arch-bishop ( turning about to the people ) declare what the King hath promised and sworn , and by the mouth of an Herauld at Arms asketh their Consents , whether they be content to submit themselves unto this man , as unto their King or no , under the conditions proposed , whereunto when they have yielded themselves , then beginneth the Arch-bishop to put-upon him the Regal Ornaments , as the Sword , the Ring , the Scepter and Crown , as before in the French Coronation you have heard ; and namely , he giveth him the Scepter of S. Edward the Confessor , and then he addeth also the same words of Commission and Exhortation , as the other doth , to wit , Stand and hold thy Place , and keep thy Oath , and thereunto adjoineth a great commination or threat , if he should take upon him that Dignity , without firm purpose to observe the things which this day he hath sworn , and that is the summe of the English Coronation , which you may read also by piece-meal in John Stow , ( according as other things in that his brief Collection are set down , ) but especially you shall see it in the admissions as well of the said King Henry the fourth now last mentioned ; as also of King Edward the fourth , at their first entrances to the Crown , for in the admission of King Henry , Stow sheweth how the People were demanded thrice , whether they were content to admit him for their King , and that the Arch-bishop of Canterbury , ( who was the same Thomas Arundel of whom we spake before , ) did read unto them what this new King was bound by Oath unto , and then he took the Ring , wherewith he was to wed him to the Common-wealth , ( which Wedding importeth , as you know , an Oath and mutual Obligation on both sides in every Marriage , ) and the Earl of Northumberland , and high Constable of England , for that day , was willed to shew the said Ring to the People , that they might thereby see the band whereby the King was bound unto them . And then it was put upon his finger , and the King kissed the Constable in sign of acceptance , fell on his knees also to prayer that he might observe his Promise , and other like ceremonies ( saith Stow , ) were used ; and this was done the 13. of October 1359. and therefore upon good reason might this same Arch-bishoop put him afterward in mind of this his Oath , as before I have shewed that he did . At the admission also of King Edward the fourth , Stow sheweth in his Chronicle , that first the peoples consent was demanded very solemnly in S. John's Field by London , the 29. of February , in the year 1460. notwithstanding that King Edward had proved his Title by Succession before in the Parliament holden at Westminster ; and now this consent of the People being had , ( or he being thus elected , as Stowes words are , ) he went the next day in Procession at Pauls , and offered there ; and after , Te Deum being sung , he was with great Royalty conveyed to Westminster , and there in the Hall set in the King's Seat , with S. Edward's Scepter in his hand , and then the People were asked again if they would have him King , and they cried Yea , Yea , thus far John Stow. And if any would take exception against these of King Henry and King Edward the fourth , because they entred and began their Reigns upon the deprivation of other Kings then living ; There are yet many living in England that have seen the several Coronations of King Edward VI. Queen Mary and Queen Elizabeth that now reigneth , and can witness that at all and every of their Coronations , the consent of the People and their acceptation of those Princes is not only demanded by the publick cry of a Herald at Arms , which standeth on both the sides of the high Scaffold or Stage whereon the Prince is crowned , and the Peoples answer expected till they cry Yea , Yea : But also that the said Princes gave there their corporal Oath upon the Evangelists unto the Bishop that crowned them , to uphold and maintain the Faith afore-named , with the Liberties and Priviledges of the Church ; as also to govern by Justice and Law , as hath been said : which Oaths no doubt have been sworn and taken most solemnly by all the Kings and Queens of England , from the days of King Edward the Confessor at the least , and he that will see more points of these Oaths set down in particular , let him read Magna charta , and he will be satisfied . By all which , and by infinite more that might be said and alledged in this matter , and to this purpose , it is most evident , ( said the Civilian Lawyer ) that this agreement , bargain and contract between the King and his Commonwealth at his first admssiion , is as certain and firm ( notwithstanding any Pretence or Interest he hath or may have by Succession , ) as any contract or Marriage in the World can be , when it is solemnized by words de praesenti , ( as our Law speaketh , ) between parties espoused before by words de future , which is an act that expresseth this other most lively , as afterwards more at large I shall shew unto you , and consequently I must needs affirm to be most absurd , base and impious , that flattery before-mentioned of Belloy and his companions , in their Books before cited , where he holdeth , that only Succession of Bloud is the thing without further approbation , which maketh a King , and that the Peoples consent to him that is next by Birth , is nothing at all needful , be he what he will , and that his admission , Inunction or Coronation is only a matter of external ceremony without any effect at all , for increase or confirmation of his right ; These ( I say ) are unlearned , fond and wicked assertions , in flattery of Princes , to the manifest ruine of Common-wealths , and perverting of all Law , Order and Reason ; which assertions , albeit they have been sufficiently ( as I suppose ) refuted before , yet mean I to stand a little more upon them in this place , for more evident demonstration of so important a a Truth , as also to see and examine what may duely be attributed to bare Succession alone , to the end that no man may think we mean to improve or imbase that which we esteem in so high degree , and think that the best and surest way of maintaining Kingly Government in the World , is to have it go by Succession , as it doth at this day in England , and in most other States of Europe besides ; though yet with the limitations and conditions due thereunto , whereof I shall now begin to treat more in particular ; but after some little pause if you please , for that this other Narration hath well wearied me . CHAP. VI. What is due to only Succession by Birth , and what Interest or Right an Heir apparent hath to the Crown , before he be Crowned or Admitted by the Commonwealth ; and how justly he may be put back , if he have not the other parts requisite also . VEry reasonable it seemed to all the whole Assembly that some intermission or pause should be admitted , as the Civilian had required , and this as well for the commodity of the hearers , who desired to confer together more in particular , of the points already discussed , as also of the Speaker , who with reason affirmed , that he was somewhat weary , seeing he had continued his speech so long together . And so with one consent they rose all , and went into an Orchard adjoining to the house , and after some hours space , returned again , for that every man seemed very desirous to hear this other matter debated , of the Interest of Princes before their Coronation ; for that they said , it touched the very point it self , now in question in England , and that which is like to be in action also , e're it be long , Wherefore they desired the Civilian to begin his discourse , and first of all to set down the very words of Belloy about this matter , as also the places where he writeth the same , for that his assertions appeared to them very strange and opposite to all reason of State and practice of the world , as also contrary to all that which hitherto hath been said and treated . Whereto the Civilian answered , True it is , that they are so , and more plain and gross flatteries than ever I have read uttered by any man to any Prince or Tyrant whatsoever ; albeit most of them ( as you know ) have not failed to find as shameless Flatterers , as themselves were either vain or wicked Princes ; and for my part I am of opinion , that these Propositions of Belloy will rather hurt and hinder than profit the Prince , for whom and in whose favour he is thought to have written them , which is the King of Navarre whom hereby he would advance ( as he seemeth , ) and have admitted to the Crown of France , without all consent or admission of the Realm . But I for my part , as I doubt not greatly of his Title by propinquity of Bloud , according to the Law Salique ; so on the other side , am I of opinion , that these Propositions of Belloy in his behalf , that he should enter by only Title of Birth , without condition , consent or approbation of the Realm , as also without Oath of Anointing or Coronation , yea of necessity without restraint or obligation to fulfil any Law , or to observe any Priviledges to Church , Chappel , Clergy , or Nobility , or to be checked by the whole Realm , if he rule amiss : he Tse things , I say , are rather to terrify the people , and set them more against his entrance , than to advance his Title : and therefore in my poor judgement , it was neither wisely written by the one , nor politickly permitted by the other . And to the end you may see what reason I have to give this censure , I shall here set down his own Propositions , touching this matter , as I find them , in his own words ; First then he avoucheth , that all Families , which enjoy Kingdoms in the world , were placed therein by God only , and that he alone can change the same , which if he refer unto God's Universal Providence quae attingit à fine usque in finem fortiter , as the Scripture saith , and without which a sparrow falleth not to the ground , as our Saviour testifieth , no man will deny , but all is from God , either by his Ordinance or Permission ; but if we talk ( as we do ) of the next and immediate causes of Empires , Princes , and of the changes ; clear it is , that men also do and may concur therein , and that God hath left them lawful authority so to do , and to dispose thereof for the publick benefit , as largely before hath been declared , and consequently to say , that God only doth these things , and leaveth nothing to man's Judgment therein , is against all reason , use and experience of the world . The second Proposition of Belloy is , That where such Princes be once placed in Government , and the Law of Succession by Birth established , there the Princes children , or next of kin , do necessarily succeed by Birth , without any new choice or approbation of the People , Nobility , or Clergy , or of the whole Common-wealth together . And to this assertion he joineth another as strange as this , which is , that a King never dyeth , for that , whensoever or howsoever he ceaseth by any means to govern , then entreth the Successor by Birth , not as Heir to the former , but as lawful Governour of the Realm , without any admission at all , having his authority only by the condition of his Birth , and not by adoption or choice of any . Which two Propositions , albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before , yet shall now again convince more amply the untruth thereof . Other two Propositions he addeth , which partly have been touched and answered before , and yet I mean to repeat them again in this place , for that they appertain to this purpose ; his former is , That a Prince once entred to Government , and so placed , as hath been said , is under no Law or restraint at all of his authority , but that himself only is the Quick and Living Law , and that no imitation can be given unto him by any power under Heaven , except it be by his own will , and that no Nation or Commonwealth can appoint or prescribe how they will obey , or how their Prince shall govern them , but must leave his Authority free from all bands of Law , and this either willingly or by violence , is to be procured By which words it seemeth that he painteth out a perfect pattern of a Tyrannical Government , which how it may further the King of Navarre's pretence , in the case he standeth in presently in France , I do not see . His other Proposition is , That , albeit the Heir apparent , which is next by Birth to any Crown , should be never so impotent , or unfit to Govern , as if ( for Examples sake ) he should be deprived of his senses , mad , furious , lunatick , a fool , or the like , or that he should be known on the other side to be most malitious , wicked , vitious or abominable , or should degenerate into a very Beast ; yea if it were known that he should go about to destroy the Commonwealth , and drown the Ship which he had to guide , yet ( saith this man , ) he must be sacred and holy unto us , and admitted without contradiction to his Inheritance , which God and Nature hath laid upon him , and his direction , restraint or punishment , must only be remitted to God alone , for that no man or Commonwealth may reform or restrain him . Thus saith Belloy , which I doubt not will seem unto you rather belly and base Doctrine , than to come from the head of any learned or discreet man , that regardeth the end why Commonwealths and Kingdoms , and all Governments were ordained by God and Nature , and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole . But now to the particular matter that we are to treat of , which is , what is to be attributed to this Succession or propinquity of Birth alone ; I am of opinion , as before I signified , that , albeit there want not reasons on both sides among Learned men , what kind of providing Governours to Common-wealths is best , either by simple and free Election only , or by Succession of Birth : my opinion ( I say , ) is , that Succession is much to be preferred , not for that it wanteth all difficulties and inconveniences , ( which all temporal things upon Earth have , ) but like as before I have shewed of the particular Government of a Monarchy in respect of other forms of Regiment , to wit , that it wanted not all , but had fewer inconveniences than other forms of Regiment have , so say I also of this , that albeit some inconveniences want not in Succession ; yet are they commonly far less and fewer , than would follow by meer Election , which is subject to great and continual dangers of ambition , emulation , division , sedition and contention , which do bring with them evident peril of universal destruction and desolation of the whole Body , and this at every change of the Prince , which change on the other side is much assured by Succession , for that great occasions of strife and contention are thereby cut off . And besides this , the Prince , who is in present possession knowing that his son , or next of kin , is to be his Heir , hath more care to leave the Realm in good order , as we see that the Husband-man hath to till and manure that ground , which is his own , and to remain to his posterity : A third commodity also there is , for that less mutations and alterations are seen in the Common-wealth where Succession prevaileth , for that the Son following his Father , doth commonly retain the same Friends , Counsellours , Officers and servants , which his Father had before him ; pursueth the same Actions and Intentions , with the same manner of Proceeding for the most part ; whereas he that entreth by Election , being an alien to him that went before him , and never lightly his friend , doth change , alter , and turn upside down all things Furthermore , ( which may be also a fourth reason , ) he that entreth by Succession , for that he is either born a Prince , or hath been much respected still for his Title to the Crown , bringeth with him less passions of hatred , emulation , anger , envy , or revenge against particular men , ( for that no man durst offend him , ) than doth he which entreth by only Election , for that he having been a Subject and equal to others before his advancement , and thereby holden contention with many , especially of this Election , must needs have matter of quarrel with many , which he will seek easily to revenge , when he is in authority ; as on the other side also such as were his equals before , will bear him less respect , and more unwillingly be under him , than if by birth he had been their Soveraign . These , and divers other are the commodities of Succession ; whereunto we may also add the preheminence and priviledg of Primogeniture , & ancestry of Birth , so much respected and commended by Holy Writ , not only in men , but in all other creatures also , whose first-born were dedicated to God himself ; and one notable example among others occurreth to my mind of the two Sons of Isaak , of the which two albeit God had ordained to chuse the younger before he was born , as S. Paul testifieth , and to reject the elder , that is to say , that Jacob should inherit the benediction , and not Esau : Yet would God have this younger to procure the said priviledge of Eldership from Esau by divers means , as first by bargain , and after by guile , according to the Story we read in Genes . Out of which Story two points may be pondered much to our purpose , First that primogeniture or eldership of birth , ( as I have said ) was greatly respected by God ; and according to that , all the descents and Successions of Kings were commonly among that people ; for that ordinarily the eldest son ever succeeded his father in the Crown of Jury . And the second point is , that God would shew even in this beginning that yet this priviledge was not so inviolable , but that upon just causes it might be broken , as it was by this his choice of Jacob the younger , and rejecting Esau the Elder : and many times after in matter of Government the same was practised by God himself , as when Judah the fourth Tribe , and not Reuben the first and eldest , was appointed by God to enjoy the Scepter and Crown of the Jewes ; as also when King David dyed , not his first , second , or third son , but his tenth in order , to wit , Solomon , who was also the fourth that he had by Bersabee , was appointed for his Successor . So that in very deed we have here both our two Cases , that were propounded in the beginning , over-ruled and determined by Authority and Example of Holy Writ it self ; namely and first of all , that priority and propinquity of Bloud in Succession is greatly to be honoured , regarded and preferred in all affairs of Dignity and Principality , and yet ( which is the second point ) are we not so absolutely and peremptorily bound thereunto always , but that upon just and urgent occasions that course may be altered and broken . Which Licence or Liberty is indeed the only ( or at least wise , ) the most principal Remedy for such Inconveniences as do or may ensue in the course of Succession , which inconveniences as before I shewed to be far less and fewer than are wont to follow of bare Election alone ; yet did I confess also , that some did or might fall out , as namely that the person , who by succession of Bloud is next , may be unable or unfit , or pernicious to Govern : In which Cases the remedy is , ( as before hath been declared ) either to help and assist him by Laws , and Directions , and wise Councels , if he be capable thereunto , or else to remove him , and take in another of the same Bloud-Royal , ( though further off in degree or propinquity ) in his place . And this is and hath been the custom and practice of all Nations and Commonwealths from the beginning , since Succession hath been established among them , as afterwards I shall demonstrate unto you by great store of evident Examples and Presidents ; and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings and Princes , which are Election and Succession , as hath been said : for by Succession we do remedy the inconveniences and dangers before-mentioned of bare Election , to wit , of strife , banding , ambition , and the like : and by this other mean of adding also Election , Consent and Approbation of the Realm to Succession alone , which inconveniences are principally , that some unapt , impotent or evil Prince may be offered sometimes to enter by priority of Bloud , whereof the Realm may deliver it self by this other means of not admitting him , so as Election by Succession , and Succession again by Election is salved , and the one made a Preservative and Triacle to the other : and this is the Wisdom and high policy left by God and Nature to every Commonwealth , for their own conservation and maintainance , and every man that is of Reason and Judgment , and void of passion , will not only allow , but also highly commend the same . Now then to answer in particular to the two Questions made at the beginning of this speech , to wit , what is to be attributed to Succession alone , and Secondly , What Interest a Prince hath thereby to any Crown , before he be Crowned or admitted by the Commonwealth , To the First I say , that to Succession alone ; or priority of Bloud only great honour , reverence and respect ought to be born , as before hath been declared ; for that it is the principal circumstance & condition which leadeth us to the next Succession of the Crown infallibly , & without all strife : If his propinquity be clear and evident , and that other necessary circumstances and conditions do concurr also in the same person , which conditions were appointed and set down at the same time , and by the same authority that this Law of Succession was established ; for that both the one and the other of these two Points were ordained by the Commonwealth , to wit , that the Elder and First in Bloud should succeed , and that he should be such a person as can and will Govern , to the Publick Weal of all , as often and largely before hath been avouched and proved . To the second Question I answer , That an Heir apparent to a Crown , before his Coronation and Admission by the Realm , if he have the Conditions before-required , hath the same Interest to the Kingdom , which the King of Romans , or Caesar hath to the German Empire after his Election , and before he be Crowned : And to use a more familiar Example to Englishmen , as the Mayor of London hath to the Mayoralty , after he is chosen , and before he be admitted ; or have taken his Oath . For as this man in rigour is not truly Mayor , nor hath his Jurisdiction before his Oath and Admission , nor the other is properly Emperour , before he be Crowned , so is not an Heir apparent truly King , though his Predecessor be dead , and he next in Succession , untill he be Crowned or Admitted by the Commonwealth . Another Example is there in Marriage also , whereby our matter is made more plain , for in this Contract go both the Betrothing and actual Joining together of the Parties in Wedlock ; the First is done by words de futuro , or for the time to come , and is not properly Marriage , but Espousal only : The other is by words de praesenti , that is , by mutual present consent given of both Parties , and this second is only and properly true Marriage ; which two points are expresly represented in the state of an Heir apparent , and of a Crowned King ; for that the Heir apparent by propinquity of Bloud , is only espoused or betrothed to the Commonwealth , for the time to come , and is married afterwards by present mutual consent of both Parties in the Contract and knitting up of the matter , at his Coronation , by the Oaths which either part maketh the one to take the other , and by putting on the Ring and other Wedding garments before-mentioned in their Coronations , by all which the Heir apparent , ( which was but Espouse , ) is made now the true King and Husband of the Commonwealth , which before he was not , by only Succession , but only a betrothed Spouse , or designed King , as hath been declared . Wherefore it followeth also , that the Common-wealth oweth no allegiance or subjection unto the Heir apparent in rigour of Justice , until he be Crowned or Admitted , though his Predecessor be dead ; for that in very deed , until that time , he is not the true King and Soveraign , though for better keeping of Order , and avoiding of Tumults , all Commonwealths lightly that have their Princes by Succession , have ordained in these latter Ages , that from the death of the former Princes , all matters of Government shall pass in the Name of his next Successor , ( if his Succession be clear ) and this ( as I say , ) for avoiding of Garboils , and under supposal of Confirmation and Approbation afterwards of the Commonwealth at his Coronation , for which cause also , and for better account of years , it was ordained that the beginning of the Successors Reign should be reckoned from the day of the death of his predecessor , and not from the day of his Coronation , as otherwise in rigour it ought to be , and as in old time it was accustomed to be , as Gerard , Secretary and Chronicler of France , to wit , that Kings in old time were wont to account the years of their Reigns from the day only of their Anointing and Coronation . This point also that Heirs apparent are not true Kings , until their Coronation , how just soever their Title of Succession otherwise be ▪ and though their Predecessors be dead ; it might be confirmed by many other Arguments , but especially and above all others , for that the Realm is asked again three times at their Coronation , Whether they will have such a man to be King , or not , as before hath been shewed , which thing were in vain to ask , if he were truly King , ( as Belloy saith , ) before his Coronation . Again we see in all the Forms and different manners of Coronations , before-recited , that after the Prince hath sworn divers times to Govern well and justly , then do the Subjects take other Oaths of Obedience and Allegiance , and not before ; which argueth , that before they were not bound unto him by Allegiance , and as for the Princes of England , it is expressly noted by English Historiographers in their Coronations , how that no Allegiance is due unto them before they be Crowned , and that only it happened to Henry the Fifth , among all other his Predecessors to have this Priviledge , and this for his exceeding towardliness , and for the great affection of the People towards him , that he had homage done unto him before his Coronation , and Oath taken . Whereof Polidor writeth in these words : Princeps Henricus facto Patris funere , concilium Principum apud Westmonasterium convocandum curat , in quo dum de Rege creando more majorum agitabatur , esse tibi , continuo aliquot Principes ultro in ejus verba mirare coeperunt , quod benevolentiae ●fficium nulli antea priusquam R●x renunciatus esset ▪ praestitum constat , adeo Henricus ab ineunte aetate spem omnibus optimae indolis ●ecit . Which in English is this , Prince Henry , after he had finished his Father's Funerals , caused a Parliament to be gathered at Westminster , where , whilst Consultation was had , according to the antient Custom of England , about creating a new King , behold upon the sudden , certain of the Nobility of their own Free wills , began to swear Obedience and Loyalty unto him , which demonstration of Love and Good-will , is well known , that it was never shewed to any Prince before , until he was declared King : so great was the hope that men had of the Towardliness of this Prince Henry , even from his tender age ; thus far Polidor in his Story of England . And the very same thing expresseth John Stow also in his Chronicle , in these words , To this Noble Prince by assent of the Realm after three days offered to do Fealty before he was Crowned , or had solemnized his Oath well and justly to Govern the Common-wealth , which offer before was never found to be made to any Prince of England , Thus much Stow : In whose Narration , as also in that of Polidor , it may be noted , that King Henry the Fifth was not called King until after his Coronation , but only Prince , though his Father King Henry the Fourth had been dead now almost a month before ; and secondly that the Parliament consulted de Rege creando more majorum , ( as Polidor his words are , ) that is , of making a new King according to the antient custom of their Ancestors ▪ which argueth that he was not yet King , though his Father were dead ; not that the manner of our old English Ancestors , was to account him so , before his Admission . Thirdly , That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation , and Oath solemnized , well and justly to Govern the Realm , was very extraordinary , and of meer good-will . And Last of all , That this was never done to any Prince before King Henry the Fifth . All which Points do demonstrate , that it is the Coronation and Admission ; that maketh a Perfect and True King , whatsoever the Title by Succession be otherwise , and that except the Admission of the Common-wealth be joyned to Succession , it is not sufficient to make a lawful King ; and of the two the second is of far more importance , to wit , the Consent and Admission of the Realm , than nearness of Bloud by Succession alone . This I might prove by many Examples in England it self , where Admission hath prevailed against Right of Succession , as in William Rufus that succeeded the Conquerour , and in King Henry the First his Brother , in King Stephen , King John and others , who by only Admission of the Realm were Kings , against the Order of Succession , as after more at large I shall shew you in a particular speech of this point I shall make unto you , and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings , Henry and Edward , both sirnamed the Fourth , whose entrances to the Crown , if a man do well consider , he shall find , that both of them founded the best part and the surest of their Titles upon the Election , Consent and Good-Will of the People : yea both of them at their dying-days having some remorse of Conscience ( as it seemed ) for that they had caused so many men to die for maintainance of their several Rights and Titles , had no better way to appease their own minds , but by thinking that they were placed in that Room by the Voice of the Realm , and consequently might lawfully defend the same , and punish such as went about to deprive them . Moreover , you shall find , if you look into the Doings of Princes in all Ages , that such Kings as were most Politick , and had any least doubt or suspicion of Troubles about the Title , after their Deaths , have caused their sons to be Crowned in their own days , trusting more to this than to their Title by Succession , though they were never so lawfully and lineally descended . And of this I could alledge you many Examples out of divers Countreys , but especially in France , since the last line of Capetus came unto that Crown , for this did Hugh Capetus himself to procure to be done to Robert his eldest Son , in his own days ; and the like did King Robert procure for his younger son Henry the First , as Gerard holdeth , and excluded his Elder only by Crowning Henry in his own days : Henry also did intreat the States of France ( as before you have heard , ) to admit and Crown Philip the First , his Eldest Son , whilst himself reigned , and this man's Son Luys le Cros did the same also unto two Sons of his . First to Philip , and after his death to Luys the younger , which is the seventh of that name , for more assuring of his Son named Philip the Second , intreated the Realm to Admit and Crown him also in his own days , with that great solemnity , which in the former Chapter hath been declared . And for this very same cause of Security it is not to be doubted , but that always the Prince of Spain is sworn and admitted by the Realm , during his Father's Reign , as before hath been said . The same consideration also moved King David to Crown his son Solomon in his own days , as afterwards more in particular shall be declared , and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen , before him , against the Order of Lineal Succession by propinquity of Bloud : and fearing the like might happen also after him , caused his eldest son , named likewise Henry , to be Crowned in his life time , so as England had two King Henrys living at one time , with equal Authority ; and this was done in the 16 year of his Reign , and in the year of our Lord 1170. But his Device had no good success , for that King Henry the Younger made War soon after upon King Henry the Elder , and had both the Kings of France and Scotland , and many Nobles of England and Normandy , to take his part , for which cause it is thought , that this thing hath never been put in practice again , since that time in England ; but yet hereby it is evident , what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth , and how little Propinquity of Bloud prevaileth without that . And for more ample proof hereof , and fuller conclusion of all the whole matter , I had thought to have laid down also in this place some number of the most notorious Examples , that I have read , ( for I have read many , ) wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth ; but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories , for help of Memory , I shall deferr it until our next Meeting , at what time I shall by God's Grace make this point very clear , and so end my whole Discourse , for I see that I have been much longer than at the beginning I purposed ; and now I desire much to give place unto our Temporal Lawyer , here present , who ( I doubt not , ) hath matter to say of more delectation and pleasure than this , though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention . Whereunto the whole company answered , that not with patience , but with great pleasure , delight and contentation they had heard him , and so they would do the Temporal Lawyer also in his turn ; But yet they desired him that nothing of this discourse might be omitted , but wholly finished , for that it gave very great satisfaction to all , and opened many important Points unto them , which they had never thought of before , and with this they parted for that night , every man unto his Lodging and Habitation . CHAP. VII . How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth , and other further off admitted in their places , even in those Kingdoms where Succession prevaileth ; with many Examples of the Kingdoms of Israel and Spain . AT the next Meeting the Civilian came in very pensive , as though his head had been full of study , where being asked the reason , he answered , that he had revolved many Stories since his departure about the point which he promised to treat of , and that he had found such store and great variety of matter , as he knew not well where to end : For ( quoth he ) if I should begin with the Grecian Kings before-mentioned , it were infinite that might be alledged , and perhaps some man would say they were too too old , and far-fetched Examples , and cannot be Presidents to us in these ages , and if I lay before you the Examples of Roman Kings and Emperours put in and out , against the Law , and Right of Succession : the same men perhaps will answer , that it was by force and injury of mutinous Souldiers , whereunto that Common-wealth was greatly subject . And if I should bring forth any Presidents and Examples of Holy Scriptures , some others might chance to reply that this was by particular priviledge , wherein God Almighty would deal and dispose of things against the ordinary course of mans saw , as best liked himself whose will is more than saw , and whose Actions are right it self , for that he is Lord of all , and to be limited by no Rule or Law of man , but yet that this is not properly the Act of a Commonwealth , as our Question demandeth . Thus ( I say , ) it may be , that some man would reply , and therefore having store enough of plain and evident matter , which hath no exception , for that it hath happened in settled Commonwealths , and those nearer home , where the Law of Succession is received and established , to wit , in Spain , France and England : but yet putting you in mind before I pass any further , that it is a matter much to be marked , how God dealt is this point with the people of Israel , at the beginning , after he had granted to them that they should have the same Government of Kings , that other Nations round about them had , whose Kings did ordinarily reign by Succession , as ours do at this day , and as all the Kings of the Jews did afterwards ; and yet this notwithstanding , God at the beginning , to wit , at the very entrance of their first Kings , would shew plainly that this Law of Succeeding of the one the other , by Birth and propinquity of Bloud , ( though for the most part it should prevail ) yet that it was not so precisely necessary , but that ▪ upon just causes it might be altered . For proof whereof we are to consider , that , albeit he made Saul a true and lawful King over the Jewes , and consequently also gave him all Kingly Priviledges , Benefits and Prerogatives belonging to that Degree and State , whereof one Principal ( as you know , ) is to have his children succeed after him in the Crown : Yet after his death God suffered not any one of his generation to succeed him , though he left behind him many children , and among others Ishbosheth a Prince of 40 years of age , whom Abner the General Captain of that Nation , with eleven Tribes followed for a time , as their Lawful Lord and Master by Succession , until God checked them for it , and induced them to reject him , though Heir apparent by descent , and to cleave to David newly elected King , who was a stranger by Birth , and no Kin at all to the King deceased . And if you say here that this was for the sin of Saul , whom God hath rejected , I do confess it , but yet this is nothing against our purpose , for that we pretend not that a Prince , that is next in Bloud , can justly be put back , except it be for his own defects , or those of his Ancestors . And moreover , I would have you consider , that by this it is evident , that the fault of the Father may prejudicate the Sons Right to the Crown , albeit the Son have no part in the fault , as we may see in this example not only of Ishbosheth that was punished , and deprived for the offence of Saul his Father ( notwithstanding he had been proclaimed King , as hath been said ) but also of Jonathan's , Saul's son , who was so good a man , and so much praised in Holy Scripture ; and yet he being slain in War , and leaving a son named Mephibosheth , he was put back also , though by nearness of Bloud he had great Interest in the Succession , as you see , and much before David . But David being placed in the Crown by Election , free Consent and Admission of the People of Israel , as the scripture plainly testifies ( though by motion and direction of God himself , ) we must confess , and no man I think will deny , but that he had given unto him therewith all Kingly Priviledges , Prehemin●nces and Regalities , even in the highest degree , as was convenient to such a state ; and among others the Scripture expressly nameth , that in particular it was assured him by God , that his Seed should Reign after ●im , yea , and that for ever ; but yet we do not find this to be performed to any of 〈◊〉 persons , ( as by Order of Succession it should seem to appertain , ) 〈◊〉 nor to any of their off-spring or descents , but only to Solomon , which was his younger and tenth son , and the fourth only by 〈◊〉 , as before hath been touched . True it is , that the Scripture recounteth how Adonias , David's elder son , that was of rare beauty and a very Godly young Prince , seeing his Father now very old and impotent , and to lye on his Death bed , and himself Heir apparent by antiquity of Bloud , ( after the death of Absalom , his elder brother that was slain before , ) he had determined to have proclaimed himself Heir apparent in Jerusalem , before his Father dyed , and for that purpose had ordained a great Assembly and Banquet , had called unto it both the High-Priest Abiathar , and divers of the Clergy , as also the General Captain of all the Army of Israel , named Joab , with others of the Nobility , and with them all the rest of his Brethren , that were sons to King David , saving only Solomon , together with many other Princes and great Men , both Spiritual and Temporal of that Estate , and had prepared for them a great Feast , as I have said , meaning that very day to proclaim himself Heir apparent to the Crown , and to be Crowned , as indeed by Succession of bloud it appertained unto him : and this he attempted so much the rather , by counsil of his Friends , for that he saw the King his Father very old and impotent , and ready to dye , and had taken no order at all for his Successor , and moreover Adonias had understood , how that Barsabee , Solomon's Mother , had some hope to have her son reign after David , upon a certain promise that David in his youth had made unto her thereof , as also she had in the special favour and friendship which Nathan the Prophet , and Zadok the Priest , ( who could do much with the old King David ) did bear unto her son Solomon , above all the rest of his Brethren . Hereupon ( I say ) these two , that is to say , Queen Barsabee and Nathan the Prophet , coming together to the old man , as he lay on his bed , and putting him in mind of his promise and oath made to Barsabe for the preferment of her son , and shewing besides , how that Adonias without his order and consent had gathered an Assembly to make himself King even that very day , ( which did put the old King in very great fear and danger ; ) and further also telling him , ( which pleased him well . ) quod oculi totius Israel in eum respicerent , ut indicaret eis , quis sederet in solio suo post ipsum : that is , that the eyes of all Israel were upon him , to see whom he would commend unto them , to sit in his seat after him , which was as much as to say , as that the whole Commonwealth referred it to his choice , which of his sons should reign after him . Upon these Reasons and Perswasions , ( I say , ) the good old King was content that they should take Solomon out of hand , and put him upon the Kings own Mule , and carry him about the streets of Jerusalem , accompanyed with his Guard and Court , and crying with sound of Trumpets Vivat Rex Solomon , and that Zadok the Priest should anoint and after that he should be brought back , and placed in the Royal Throne in the Palace , and so indeed he was : at what time King David himself being not able through impotency to rise out of his bed , did him Honour and Reverence from the place where he lay : for so saith the Scripture , Ad●ravit Rex in lectulo suo , King David adored his son Solomon thus Crowned , even from his Bed , all which no doubt , though it may seem to have been wrought by humane means and policy , yet must we confess that it was principally by the especial Instinct of God himself , as by the sequel and success we see ; so that hereby also we are taught that these & the like determinations of the people , Magistrates and Commonwealths , about admitting or refusing of Princes to Reign or not to Reign over them , when their designments are to good ends , and for just respects and causes , are allowed also by God , and often times are his own special drifts and dispositions , though they seem to come from man. Whereof no one thing can give a more evident proof , than that which ensued afterwards to Prince Rehoboam , the lawful Son and Heir of this King Solomon , who after his Fathers death coming to Sichem where all the People of Israel were gather'd together , for his Coronation and Admission , according to his Right by Succession . For until that time we see he was not accounted true King , though his Father was dead , and this is to be noted , the People began to propose unto him certain conditions , for taking away of some hard and heavy Impositions , laid upon them by Solomon his Father , ( an evident President of the Oath and conditions that Princes do swear unto in these 〈◊〉 at their Coronation , ) whereunto when Rehoboam refused to yield , ten Tribes of the Twelve 〈◊〉 to admit him for their King , but chose rather one Jeroboam , Rehoboam's servant , that was a meer stranger and but of poor percentage , and made him their lawful King , and God allowed thereof , as the Scripture in express words doth testify : and when Rehoboam ▪ that took himself to be openly injured hereby , would by Arms have pursued his Title , and had gathered together an Army of an hundred and fourscore thousand chosen Souldiers , ( as the Scripture saith , ) to punish these Rebells , as he called them , and to reduce these ten Tribes to their due Obedience of their natural Princes : God appeared unto one Semeia , an Holy man , and bade him go to the Camp of Rehoboam , and tell them plainly that he would not have them to fight against their Brethren that had chosen another King , but that every man should go home to his House , and live quietly under the King which each Party had , and so they did , and this was the end of that tumult , which God for the sins of Solomon had permitted and allowed of . And thus much by the way I thought good to touch out of Holy Scripture , concerning the Jewish Common●wealth , even at the beginning , for that it may give light to all the rest , which after I am to treat of ; for if God permitted and allowed this in his own Common-wealth that was to be the example and pattern of all other that should ensue , no doubt but that he approveth also the same in other Realms , when just occasions are offered , either for his service , the good of the People and Realm , or else for punishment of the sins and wickedness of some Princes , that the ordinary line of Succession be altered . Now then , to pass on further , and to begin with the Kingdoms of Spain , supposing ever this ground of God's Oodinance , as hath been declared : First I say , that Spain hath had three or four Races or Descents of Kings , as France also and England have had , and the first Race was from the Goths , which began their Reign in Spain after the expulsion of the Romans , about the Year of Christ 416. to whom the Spaniard referreth all his Nobility , as the Frenchman doth to the German Franks , and the English to the Saxons , which entred France and England in the very same age , that the other did Spain , and the Race of the Gothish Kings endured by the space of 300 Years , until Spain lost unto the Moores . The second Race is from Don Pelayo that was chosen first King of Austria , and of the Mountain-Countrey of Spain , after the destruction thereof by the Moores , about the Year of Christ 717 as before hath been touched , which Race continued and encreased , and added Kingdom unto Kingdom for the space of other three hundred Years , to wit , until the Year of Christ 1034. when Don Sancho Major King of Navarre got unto his Power the Earldom also of Aragon and Castilia , and made them Kingdoms , and divided them among his Children ; and to his second son , named Don Ferdinando , sirnamed afterward the Great , he gave not only the said Earldom of Castilia with Title of Kingdom , but by marrying also of the Sister of Don Dermudo King of Leon and Asturias , he joined all those Kingdoms together , and so began from that day forward the third Race of the Kings of Navar to reign in Castel , and so endured for five hundred Years , until the Year of Christ 1540. when the House of Austria entred to Reign there by Marriage of the Daughter and Heir of Don Ferdinando sirnam●d the Catholick ; and this was the fourth Race of Spanish Kings after the Roman's , which endureth until this day . And albeit in all these four Races and Ranks of Royal Descents , divers Examples might be alledged for manifest proof of my purpose : yet will I not deal with the first Race , for that it is evident by the Councils of Toledo before-alledged , ( which were holden in that very time ) that in those days express Election was joined with Succession , as by the deposition of King Suintilla and putting back of all his Children : as also by the Election and Approbation of King Sisinando that was further off by Succession , hath been insinuated before , and in the Fifth Council of that age in Toledo , it is decreed expressly in these words : Si quis tali● meditatus fuerit ( talking of pretending to be King ) quem nec electio omnium perfecit , nec Gothicae gentis nobilitas ad hunc honoris apicem trahit : sit consortio Catholicorum privatus , & Divino anathemate condemnatus . If any man shall imagin ( said these Fathers ) or go about to aspire to the Kingdom , whom the Election and Choice of all the Realm doth not make perfect , nor the Nobility of the Gothish Nation doth draw to the height of this Dignity , let him be deprived of all Catholick Society , and damned by the Curse of Almighty God. By which words is insinuated , that not only the Nobility of Gothish Bloud , or nearness by Succession was required for the making of their King , but much more the Choice or Admission of all the Realm , wherein this Council putteth the Perfection of his Title . The like determination was made in another Council at the same place , before this that I have alledged , and the words are these . Nullus apud nos presumptione regnum arripiat , sed defuncto in pace Principe , optimates Gentis cum sacerdotibus successorem regni communi concilio constituant . Which in English is thus , Let no man with us snatch the Kingdom by presumption , but the former Prince being dead in peace , let the Nobility of the Nation together with the Priests and Clergy , appoint the Successor of the Kingdom , by Common Council . Which is as much as to say , as if he had said , Let no man enter upon the Kingdom by presumption of Succession alone , but let the Lords Temporal and Spiritual , by common voice , see what is best for the Weal-Publick . Now then , according to these antient Decrees , albeit in the second race of Don Pelayo , the Law of Succession by propinquity of Bloud , was renewed , and much more established than before , as the antient Bishop of Tuys and Molina , and other Spanish Writers do testify : yet that the next in Bloud was oftentimes put back by the Commonwealth upon just causes , these Examples following shall testify , as briefly recounted as I can possibly . Don Pelayo dyed in the Year of our Lord 737 , & left a son , named Don Favilla , who was King after his Father , and Reigned two Years only . After whose death none of his Children were admitted for King , though he left divers , as all Writers do testify . But as Don Lucas , the Bishop of Tuy a very antient Author writeth , Aldefonsus Catholicus ab universo populo Gothorum eligitur , that is , ( as the Chronicler Moralis doth translate in Spanish , ) Don Alonso , sirnamed the Catholick , was chosen to be King by all voices of the Gothish Nation . This Don Alonso was son in Law to the former King Favilla , as Morales saith , for that he had his daughter Ermenesenda in Marriage , and he was preferred before the King 's own Sons , only for that they were young and unable to Govern , as the said Historiographer testifyeth . And how well this fell out for the Commonwealth , and how excellent a King this Don Alonso proved , Morales sheweth at large , from the tenth chapter of his thirteenth Book unto the seventeenth , and Sebastianus Bishop of Salamanca , that lived in the same time , writeth that for his Valiant Acts he was sirnam'd the Great . To this Famous Don Alonso succeeded his son Don Fruela the first of that name , who was a Noble King for ten Years space , and had divers excellent Victories against the Moores , but afterwards declining to Tyranny , he became hateful to his Subjects , and for that he put to death wrongfully his own Brother Don Vimerano a Prince of excellent parts , and rarely beloved of the Spaniards , he was himself put down , and put to death by them in the Year of Christ 768 And albeit this King left two goodly children behind him , which were lawfully begotten upon his Queen Dona Munia , the one of them a son called Don Alonso , and the other a daughter called Dona Ximea : yet for the hatred conceived against their Father , neither of them was admitted by the Realm to succeed him , but rather his Cousin German , named Don Aurelio brothers son to Don Alonso the Catholick , was preferred , and reigned peaceably six years , and then dying without issue , for that the hatred of the Spaniards was not yet ended against the memory of King Fruela , they would not yet admit any of his Generation , but rather excluded them again the second time , and admitted a Brother in Law of his named Don Silo , that was married to his sister Dona Adosinda , daughter to the foresaid Noble King Catholick Alonso . So that here we see twice the right Heirs of King Don Fruela for his evil Government were put back . But Don Silo being dead without issue , a● also Don Aurelio was before him , and the Spaniards anger against King Fruela being now well asswaged , they admitted to the Kingdom his foresaid son Don Alonso the younger , sirnamed afterwards the Chast , whom now twice before they had put back , as you have seen ; but now they admitted him , though his Reign at the first endured very little , for that a certain bastard uncle of his , named Don Mauregato by help of the Moores put him out , and reigned by force six years , and in the end dying without issue , the matter came in deliberation again , whether the King Don Alonso the chast that yet lived , and had been hidden in a Monastery of Galatia , during the time of the Tyrant , should return again to Govern , or rather that his Cousin-german Don Vermudo son to his Uncle , the Prince Vimerano ( whom we shewed before to have been slain by this mans Father King Fruela ) should be elected in his place . And the Realm of Spain determined the second , to wit , that Don Vermudo though he were much further off by propinquity of Bloud , and within Ecclesiastical Order also ( for that he had been made Deacon● should be admitted , partly for that he was judged for the more Valiant and Able Prince than the other , who seemed to be made more acquainted now with the Life of Monks and Religious men than of a King , having first been brought up among them for ten or twelve Years space , whilst Don Aurelio and Don Silo reigned after the death of his Father King Fruela , and secondly again other six Years , during the Reign of the Tyrant Mauregato , for which cause they esteemed the other to be fitter , as also for the different memories of their two Fathers , King Fruela and Prince Vimerano , whereof the first was hateful , and the other most dear , as before hath been declared , neither do any of the four antient Bishops , Historiographers of Spain , to wit , that of Toledo , Beza , Salamanca or Ture , that lived all about those days , and wrote the Story , reprehend this fact of the Realm of Spain , or put any doubt whether it were lawful or not for the causes before-recited . True it is , that , after three years reign , this King Vermudo being weary of Kingly life , and feeling some scruple of Conscience , that being Deacon , he had forsaken the life Ecclesiastical , and married ( though by dispensation of the Pope , as Morales saith , ) and entangled himself with the affairs of a Kingdom , he resigned willingly the Government unto his said Cousin , Don Alonso the Chaste , and himself lived after a Private Life for divers Years ; But this Don Alonso , who now the fourth time had been deprived of his Succession , as you have seen , deceived the expectation of the Spaniards , that accounted him a Monk , for he proved the most valiant and excellent King that ever that Nation had , both for his vertue , valour , victories against the Moores , building of Towns , Castles , Churches , Monasteries and other such Works of Christianity , as Morales recounteth : and he reigned after his last Admission one and fifty years , and had great friendship with King Charles the Great of France , who lived in the same time with him . And this man among other most noble Exploits so tamed the Moors of his Countrey , as during his days , he never paid that cruel and horrible Tribute which before and after was paid by the Christians to the Moors , which was an hundred young Maids and fifty Sons of Gentlemen every Year to be brought up in the Religion of Mahomet , among those Infidel Tyrants ▪ And finally this man , after so much Affliction , came to be one of the most renowned Princes of the World. After this Don Alonso , who left no Children , for that he would never marry , but lived all his Life in Chastity ; there succeeded to him by Election his Nephew , named Don Ramiro , son to the former said King Don Vermudo the Deacon , that gave this Man the Crown , as you have heard ; of whose Election Morales writeth these words , Muerto el Rey Don Alonso el casto , sue eligido por los perlados y grandes del reyno , el Rey Don Ramiro primero deste nombre , hyio del Rey Don Vermudo el diacono . That is , the King Don Alonso the chast being dead , there was chosen King by the Prelats and Nobility of the Realm , Don Ramiro the first of this Name , son of King Vermudo the Deacon , who resigned his Crown to Don Alonso , and it is to be noted , that , albeit this Don Ramiro was next in Bloud to the Succession , after the death of his Uncle Don Alonso without Children , yet was he chosen by the States , as here it is said in express words . Moreover it is to be noted , that albeit this Author Ambrosio , Morales , and other Spanish Writers , do say , that in the time of this King Ramiro , the Law of Succession by propinquity in ●loud was so revived and strongly consumed , that as the Kingdom of Spain was made as Majorasgo , as he termeth it , which is , an Inheritance so entailed and tied only to the next in bloud , as there is no possibility to alter the same , and that from this time forward the King always caused his Eldest son to be named King or Prince , and so ever to be sworn by the Realm and Nobility , yet shall we find this Ordinance and Succession oftentimes to have been broken upon several considerations , as this Author himself in that very chapter confesseth . As for Example , after some descents from this man , which were Don Ordonio the first , this man's son , and Don Alonso the Third , Don Garzia and Don Ordonio the Second , all four Kings by Orderly Succession , it happened that in the Year of Christ 924 Don Ordonio the Second dying left four Sons and one Daughter lawfully begotten , and yet the State of Spain displaced them all , and gave the Kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio , and Morales saith that there appeareth no other reason hereof , but only for that these Sons of the King deceased , were young , and not so apt to Govern well the Realm as their Uncle was . But after a Years Reign this King Fruela dyed also , and left divers Children at mans Estate , and then did the Spaniards as much against them , as they had done for him before , against the Children of his Elder Brother . For they put them all by the Crown , and chose for their King Don Alonso the Fourth , which was eldest son to Don Ordonio the Second , before-named , that had been last King , saving one , and this man also ( I mean Don Alonso the Fourth , ) leaving afterwards his Kingdom , and betaking himself to a Religious habit , offered to the Commonwealth of Spain , his eldest Son lawfully begotten , named Don Ordonio to be their King , but they refused him , and took his Brother ( I mean this Kings Brother , ) and Uncle to the young Prince , named Don Ramiro , who reigned 19 Years , and was a most excellent King , and gained Madrid from the Moors , though noted for Cruelty , for imprisoning and pulling out the eyes afterwards of this King Don Alonso the Fourth , and all his Children and Nephews , for that he would have left his Habit , and returned to be King again . But this Fact my Author Morales excuseth , saying that it was requisite for the peace and safety of the Realm , so as here you see two most manifest alterations of Lineal Succession together by Order of the Commonwealth . Furthermore , after this Noble King Don Ramiro the Second , succeeded as Heir apparent to the Crown his elder Son , Don Ordinio the Third of this name , in the Year of our Saviour 950. But this Succession endured no longer than unto his own death , which was after seven years , for then albeit he left a Son , named El Enfante Don Vermudo , yet he was not admitted , but rather his Brother Don Sancho the First of this Name , sirnamed El Gordo , who was Uncle to the young Prince , and the reason of this Alteration Morales giveth in these express words : el succeder en el regno , al hermano , fue por la racon ordinaria de ser el enfante , Don Vermudo nino y no bastante para el govierno y difenca de la terra . Which is the cause why the Kings Brother and not his son succeeded in the Crown , was for the ordinary reason , ( so often before alledged ) for that the Infant or young Prince Vermudo was a little child , and not sufficient for the Government and Defence of the Countrey . Truth it is , that after this Don Sancho had reigned , and his Son and Heir named Don Ramiro , the Third , after him , for the space of thirty years in all , then was this youth Don Vermudo that is now put back ) called by the Realm to the Succession of the Crown , and made King by the name of King Vermudo the Second , who left after him Don Alonso the Fifth , and he again his son Don Vermudo the Third , who marrying his sister Dona Sancha ( that was Heir , ) unto Don Ferdinando , the first Earl , and then King of Castile , ( who was second son to Don Sancho Mayor King of Navar , as before hath been said ) he join'd by these means the Kingdoms of Leon and Castile together , which were separate before , and so ended the line of Don Pelayo first Christian King of Spain , after the entrance of the Moors , which had endured now three hundred years , and the Bloud of Navar entred , as you see , and so continued therein , until the entrance of those of Austria , as before hath been said , which was almost five hundred years together . And thus much I thought good to note out of the Histories of Spain , for this first descent of the Spanish Kings , after the entrance of the Moors , neither mean I to pass much further , both for that it would be too long , as also for that mine Author Morales , who is the most diligent that hath written the Chronicles of that Nation , endeth here his History with King Vermudo the Third , and last of the Gothish Bloud . Notwithstanding if I would go on further , there would not want divers evident Examples also to the same purpose , which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this History , whereof for Examples sake only I will name two or three among the rest . And first about the year of Christ 1201. there was a Marriage made by King John of England for Dona Blancha his Neece , that is to say , the daughter of his Sister Dame Eleanor , and of Don Alonso the Ninth of that name King and Queen of Spain ; which Blancha was to marry the Prince of France , named ●uys , Son and Heir to King Philip sirnamed Augustus , which Luys was afterwards King of France by the name of Luys the VIII . and was Father to Luys the IX sirnamed the Saint . This Lady Blancha was Neece , as I have said , unto King John and to King Richard the First of England ; for that her Mother , Lady Eleanor , was their sister , and daughter to King Henry the Second , and King John made this Marriage , thereby to make peace with the French , and was content to give for her Dowry , ( for that he could not tell how to recover them again ) all those Towns and Countreys which the said King Philip had taken from the English , by this King 's evil Government in Normandy ; and Gascony and moreover promise was made , that if the Prince Henry of Spain ( that was the only brother to the Lady Blanch ) should die without issue , ( as after he did , ) then this Lady should succeed in the Crown of Spain also ; But yet afterwards the State of Spain would not perform this , but rather admitted her younger sister Dona Berenguela , married to the Prince of Leon , and excluded both Blanch and her son the King S. Luys of France against the evident Right of Succession and propinquity of Bloud ; and the only Reason they yielded hereof , was , not to admit Strangers to the Crown , as Garabay testifieth . This happened then , and I do note by the way , that this Dona Berenguela second Daughter of Queen Eleanor , the English Woman , was married , ( as hath been said , ) to the Prince of Leon , and had by him Don Fernando the Third of that name , King of Castilia , sirnamed also the Saint ; So as the two Daughters of an English Queen had two Kings Saints for their sons at one time ; the elder of France , and the younger of Spain . After this again , about threescore years the Prince of Spain named Don Alonso , sirnamed de la cerda , for that he was born with a great gristle-hair on his breast , called Cerda in Spanish , which Don Alonso was Nephew to the King Fernando the Saint , and married with the Daughter of Saint Luys King of France , named also Blancha , as her Grand-mother was , and had by her two Sons called Alonso and Hornando de la cerda , as the Prince their Father was named , which Father of theirs dying before the King , the Grand-father left them commended to the Realm as lawful Heirs apparent to the Crown , yet for that a certain Uncle of theirs named Don Sancho younger Brother to their Father which Don Sancho was sirnamed afterwards el bravo , for his valour , and was a great Warriour , and more like to manage well the matters of War than they : he was made Heir apparent of Spain , and they put back in their Grand-fathers time , and by his and the Realms consent , ( their father , as I have said , being dead , ) and this was done in a General Parliament holden at Segovia in the year 1276. And after this , Don Sancho was made King in the year 1284 and the two Princes put into prison ; but afterwards at the suit of their Uncle King Philip the Third of France , they were let out again , and endued with certain Lands , and so they remain unto this day ; and of these do come the Dukes of Medina Celi , and all the rest of the House of Cerda which are of much Nobility in Spain at this time , and King Philip , that reigneth , cometh of Don Sancho the younger Brother . Not long after this again when Don Pedro sirnamed the Cruel King of Castile , was driven out , and his bastard brother Henry the Second set up in his place , as before hath been mentioned : the Duke of Lancaster , John of Gant , having married Dona Constantia the said King Peter's daughter and Heir , pretended by Succession the said Crown of Castile , as indeed it appertained unto him , but yet the State of Spain denied it flatly , and defended it by Arms , and they prevailed against John of Gant , as did also the race of Henry the Bastard against his lawful Brother , and the race of Don Sancho the Uncle against his lawful Nephews , as hath been shewed , and that of Dona Berenguela against her elder Sister ; all which Races do reign unto this day , and these three Changes of the True Line happened within two Ages , and in the Third and principal descent of the Spanish Kings , when this matter of Succession was most assuredly and perfectly established , and yet who will deny but that the Kings of Spain , who hold by the latter Titles at this day , are true and lawful Kings . Well , one Example will I give you more out of the Kingdom of Portugal ; and so will I make an end with these Countreys . This King Henry the Bastard last named King of Spain had a son that succeeded him in the Crown of Spain , named John the First , who married the Daughter and Heir named Dona Beatrix of King Fernando the First of Portugal , but yet after the death of the said King Fernando the States of Portugal would never agree to admit him for their King for not subjecting themselves by that means to the Castilians , and for that cause they rather took for their King a Bastard Brother of the said late King Don Fernando , whose name was Don Juan , a youth of twenty years old , who had been Master of a Military Order in Portugal , named de Avis , and so they excluded Dona Beatrix Queen of Castile that was their lawful Heir , and chose this young man , and married him afterwards to the Lady Philippe daughter of John of Gant Duke of Lancaster , by his first Wife Blanch , Dutchess and Heir of Lancaster , in whose Right the Kings of Portugal and their Descendents do pretend unto this day a certain Interest to the House of Lancaster , which I leave to our Temporal Lawyer to discuss : But hereby we see what an ordinary matter it hath been in Spain and Portugal , to alter the ●ine of next Succession , upon any reasonable consideration , which they imagined to be for their Weal-Publick , and the like we shall find in France and England , which even now I will begin to t●●at of . CHAP. VIII . Divres other examples out of the States of France and England for proof that the Next in Bloud are sometimes put back from Succession , and how God had approved the same with good success . AS concerning the Estate of France , I have noted before , that , albeit since the Entrance of their first King Pharamond , with his Franks , out of Germany , which was about the year of Christ 419. they have never had any stranger come to wear the Crown , which they attribute to the benefit of their Law Salique , that forbiddeth Women to reign , yet among themselves have they changed twice their whole Race and Linage of Kings , once in the entrance of King Pepin , that put out the Line of Pharamond , about the Year 751. and again in the promotion of King Hugo Capetus , that put out the Line of Pepin , in the year 988. so as they have had three Descents and Races of Kings , as well as the Spaniards , the first of Pharamond , the second of Pepin , and the third of Capetus , which endureth unto this present , if it be not altered now by the exclusion that divers pretend to make of the King of Navar , and other Princes of the Blood Royal of the House of Burbon . Wherefore , as I did before in the Spaniards , so I will here let pass the first rank of all of the French Kings ; so that some men may say perhaps that the Commonwealth and Law of Succession was not so well settled in those days , as it hath been afterwards , in the time of Pepin , Charles the Great and their descendents , as also for that it were in very deed too tedious to examine and peruse all three Ranks of Kings in France , as you will say when you shall see what store I have to alledge out of the second Rank only , which began with the exclusion and deposition of their lawful King Childerick the Third , and election of King Pepin , as before you have heard at large declared in the third chapter of this discourse , and it shall not be needful to repeat the same again in this place . Pepin then sirnamed le Brefe , or the Little , for his small stature , ( though he were a Giant in deeds , ) being made King of France by meer Election , in the year of Christ 751. after 22 Kings that had reigned of the first Line of Pharamond , for the space of more than three hundred years , and being so famous and worthy a King , as all the World knoweth , reigned 18 years , and then left his States and Kingdoms by Succession unto his Eldest Son Charles sirnamed afterwards the Great , for his famous and Heroical Acts. And albeit the the whole Kingdom of France appertained unto him alone by the Law of Succession , as hath been said , his Father being King , and he his eldest son : yet would the Realm of France shew her Authoriin his Admission , which Gerard setteth down in these words , Estant Pepin decide , les Francois esleurent Rois , Charles & Carlomon , ses fils , a la charge , qu'ils paertageroient entre eux , egalement , le Royaume . Which is , King Pipin being dead , the Frenchmen chose for their Kings his two sons , Charles and Carlomon , with condition , that they should part equally between them the Realm . Wherein is to be noted , not only the Election of the Commonwealth , besides Succession , but also the heavy Condition laid upon the Heir to part half of his Kingdom with his younger brother , and the very same words hath Eginard an antient French Writer , in the Life of this Charles the Great , to wit , that the French State in a publick Assembly did chuse two Princes to be their Kings , with express condition to divide the Realm equally , as Francis Belforest cites his words , which two French Authors , ( I mean Gerard and Belforest , ) I shall use principally hereafter in the rest of my citations . After three years that these two Brethren had reigned together , King Carlomon the younger died , and left many sones , the elder whereof was named Adalgise , but Belforest saith , that the Lords Ecclesiastical and Temporal of France swore fidelity and obedience to Charles , without any respect or regard at all of the Children of Carlomon , who yet by Right of Succession should have been preferred , and Paulus Aemilius a Latine Writer saith , Proceres regni ad Carolum ultro venientes Regem eum totius Galliae salutarunt : That is , The Nobility of the Realm coming of their own accord unto Charles , saluted him King of France , whereby is shewen that this exclusion of the Children of Carlomon , was not by force or tyranny , but by free deliberation of the Realm . After Charles the Great reigned by Succession his onely son Luy● the First , sirnamed de Bonnaire of his Courtesy , who entring to reign in the year 817. with great applause of all men , for the exceeding grateful memory of his Father , was yet afterward at the pursuit principally of his own three sons by his first Wife , ( which were Lothair , Pepin and Luys , ) deposed , first in a Council at Lions , and then again at Compeigne , and put into a Monastery , though afterwards he came to reign again , and his fourth Son by his second Wife , ( which son was named Charles le Chauve , for that he was bald , ) succeeded him in the Sates of France , though after many Battels against his eldest Brother Lothaire , to whom by Succession the same appertained . After Charles the Bald succeeded Luys the second , sirnamed le Begue , for his stuttering , who was not eldest , but third son unto his Father , for the second died before his Father , and the eldest was put by his Succession for his evil demeanur ; this Luys also was like to have been deprived by the States at his first entrance , for the hatred conceived against his Father Charles the Bald , but that he calling a Solemn Parliament at Compeigne , as Gerard saith , he made the People , Clergy and Nobility many fair Promises to have their Good wills . This Luys the Stuttering left two Bastard Sons , by a Concubine , who were called Luys and Carlomon , as also he left a little Infant , newly born of his lawful Wife Adeltrude , Daughter to King Alfred of England , which infant was King of France , afterwards by the name of Charles the Simple , albeit not immediatly after the death of his Father , for that the Nobles of France said , that they had need of a Man to be King , and not a Child , as Gerard reporteth ; and therefore the whole State of France chose for their Kings the two foresaid Bastards , Luys the third , and Carlomon the First of that name jointly , and they were Crowned most solemnly , and divided the whole Realm between them , in the year of Christ 881. and Queen Adel●rude with her child true Heir of France , fled into England to her Father , and there brought him up for divers years , in which time she saw four or five Kings Reign in his place in France , one after the other ; for briefly thus it passed . Of these two Bastard Kings the Elder named Luys reigned but four years , and died without issue ; the second , that is Carlomon lived but one year after him , and left a son called also Luys , which succeeded in the Kingdom by the name of Luys the Fifth , and sirnamed Faineant for his idle and slothful life . For which as also for his vitious behaviour , and in particular for taking out , and marrying a Nun of the A●bey of S. Baudour at Chels by Paris , he was deprived and made a Monk in the Abbey of S. Denis , where he died , and in his place was chosen King of France , and Crowned with great Solemnity , Charles the Fourth Emperour of Rome , sirnamed le Gros , for that he was fat and corpulent , he was Nephew to Charles the Bald , before mentioned ; and therefore the French Stories say , that he came to the Crown of France partly by Succession , and partly by Election ; but for Succession , we see that it was nothing worth , for so so much as Charles the Simple , the right Heir , was alive in England , whom it seemeth that the French men had quite forgotten , seeing that now they had not only excluded him three times already , as you have heard ; but afterwards also again when this Gross Charles was for his evil Government by them deposed and deprived , not only of the Kingdom of France , but also of his Empire , which he had before he was King , and was brought into such miserable penury , as divers write , that he perished for want . At this time , I say , the States of France Would not yet admit Charles the Simple , ( though hitherto his Simplicity did not appear , but he seemed a goodly Prince , ) but rather they chose for King , one Odo , Earl of Paris and Duke of Angiers , and caused him to be Crowned . But yet after a few years , being weary of this man's Government , and moved also somewhat with compassion towards the Youth that was in England , they resolved to depose Odo , and so they did , whilst he was absent in Gascony , and called Charles the Simple out of England , to Paris , and restored him to the Kingdom of France , leaving only to Odo for Recompense the State of Aquitaine , with Title of a Duke , wherewith in ●ine he contented himself , seeing that he could get no more . But yet his Posterity by vertue of this Election pretended ever after a Title to the Crown of France , and never left it off , until at length by Hugo Capetus they got it , for Hugh descended of this King and Duke Odo . This King Charles then sirnamed the Simple , an English Womans Son , as you have heard being thus admitted to the Crown of France , he took to Wife an English Woman , named Elgina or Odin , Daughter of King Edward the Elder , by whom he had a Son named Lowys , and himself being a Simple man , as hath been said ▪ was allured to go to the Castle of Peronne in Picardy , where he was made Prisoner , and forced to resign his Kingdom unto Ralph King of Burgundy , and soon after he dyed through Misery in the same Castle , and his Queen Ogin fled into England with her little son Luys unto her Uncle King Adelstan , as Queen Adeltrude had done before with her Son unto King Alfred , and one of the Chief in this Action for putting down of the Simple , was Counte Hugh , sirnamed the Great , Earle of Paris , Father unto Hugo Capetus which after was King. But this new King Ralph lived but three Years after , and then the States of France considering the right Title of Luys the lawful child of King Charles the Simple , which Luys was commonly called now in France by the name of d' Outremer , that is , beyond Sea , for that he had been brought up in England : the said States being also greatly and continually solicited hereunto by the Embassadours of King Adelstan of England , and by William Duke of Normandy , sirnamed Long Spear , Great Grandfather to William the Conquerour , who by the King of England was gained also to be of the young Princes part : for these Considerations , ( I say , ) they resolved to call him into France out of England , as his Father had been before him , and to admit and Crown him King , and so they did , and he Reigned 27 Years , and was a good Prince , and dyed peaceably in his Bed , in the Year of Christ 945. This King Luys d' Outremer left two Sons behind him , the Eldest was called Lothaire the First , who succeeded him in the Crown of France , & the Second was named Charles whom he made Duke of Loraine . Lothaire dying left one onely Son named Luys , as his Grandfather was , who was King of France , by the name of Luys the V. and dying without issue after two Years that he had Reigned , the Crown was to have gone by Lineal Succession unto his Uncle Charles the Duke of Lorayne , second Son to Luys d' Outremer , as is evident but the States of France did put him by it , for mislike they had of his Person ; and did chuse Hugo Capetus Earl of Paris , and so ended the Second Line of Pepin and of Charles the Gre●t , and entred the Race of Hugo Capetus , which endureth unto this day , and the French Stories do say that this Sirname Capet was given to him when he was a boy , for that he was wont to snatch away his Fellows Caps from their Heads , whereof he was termed Snatch-Cap , which some do interpret to be an Abodement that he should snatch also a Crown from the true Owners Head in time , as afterwards we see it fell out , though yet he had it by Election and Approb●tion of the Commonwealth , as I have said . And in this respect all the French Chroniclers who otherwise are most earnest Defenders of their Law of Succession , do justify this Title of Hugo Capetus against Charles , for which cause Francis Belforest doth alledge the saying of William Nangis , an antient and diligent-Chronicler of the Abbey of S. Denys in France , who defendeth King Capetus in these words , We may not grant in any case , that Hugh Capet may be esteemed an Invader or Vsurper of the Crown of France , seeing the Lords , Prelates , Princes and Governours of the Realm did call him to this Dignity , and chase him for their King and Soveraign Lord : Thus much Nangis : Upon which words Belforest saith as followeth , I have laid before you the Words and Censure of this Good Religious Man , for that they seem to me to touch the Quick , for in very Truth we can not by any other means defend the Title of Hugh Capet , from Vsurpation and Felony , than to justify his coming to the Crown by the consent and will of the Commonwealth , and in this I may well excuse me from inconstancy and contradiction to my self , that have so earnestly defended Succession before ; for he that will consider how and with what conditions I defended that , shall easily see also that I am not here contrary to the same ; Thus much Belforest . I think it not amiss also to put down here some part of the Oration or Speech which the Embassadour that was sent at that time , from the State of France unto Charles of Loraine , after their Election of Hugh Capet , and Charles's exclusion , did use unto him in their Names , which Speech Gerard doth recount in these words : Every man knoweth , ( Lord Charles , ) that the Succession of the Crown and Realm of France according to the ordinary Law , and Rights of the same belongeth unto you , and not unto Hugh Capet now our King , but yet the very same Laws which do give unto you this Right of Succession , do judge you also unworthy of the same , for that you have not endeavoured hitherto to frame your Life and Manners according to the Prescript of those Laws , nor according to the Vse and Custom of your Countrey of France , but rather have allyed your self with the German Nation , our old Enemies , and have acquainted your self with their vile and base manners . Wherefore seeing you have forsaken and abandoned the Antient Vertue , Sweetness and Amity of the French , We have also abandoned and left You ▪ and have Chosen Hugh Cap●t for Our King , and have put You back , and this without any Scruple or Prejudice of our Consciences at all , esteeming it far better and more just to live under Hugh Capet the present Possessor of the Crown , with enjoying the antient Vse of our Laws , Customs , Priviledges and Liberties , than under You the Inheritor by nearness of Bloud , in Oppression , strange Customs and Cruelty . For even as those which are to make a Voyage in a Ship upon a dangerous Sea , do not so much respect whether the Pilot is to Guide the Stern , be Owner of the Ship or not ; but rather whether he be skilful , valiant , and like to bring them in safety to their Ways end , or to drown them among the Waves : even so our Principal Care is , that we have a Good Prince to Lead and Guide us happily in this way of Civil and Politik Life , which is the End why Princes were appointed , for that this man is fitter to be our King. This Message did the States of France send to Charles of Lorayne in defence of their Doings , and with this he lost his Succession for ever , and afterwards his Life also in Prison , and the French men thought themselves Secure in Conscience , as you see , for doing the same , which God hath also since seemed to confirm with the Succession and happy success of so many Noble and most Christian Kings as have issued out of this Line of Hugo Capetus unto this day . And this spoken now of the Second Line of France , I take to be sufficient for proof of our Purpose , without going any further , for that if we do but number these Kings already named that have Reigned in this second Race , from King Pepin downwards unto Hugh Capet , ( which are about 17 or 18 Kings in 238. Years , ) we shall find that not some few , but the most part of them did both enter and enjoy their Crowns and Dignities contrary to the Law of Lineal Descent , and of next Succession by Bloud . Whereof also there would not want divers Examples in the third and last Descent , since Hugo Capetus's time , if we would pass further to Examine the Stories thereof . For not to go further down than to the very next Descent after Hugh , which was King Robert his Son ; Gerard affirmeth in his Story , that of his two Sons which he had named Robert and Henry , Robert the Elder was put back , and his younger Brother Henry made King of France , and Reigned many Years by the name of Henry the First , and this he saith happened partly for that Robert was but a Simple man in respect of Henry , and partly also for that Henry was greatly favoured and assisted in this pretence by Duke Robert of Normandy Father to our William the Conquerour , and in recompense hereof , this King Henry afterwards assisted the said William Bastard son to Robert for the attaining of the Dukedom of Normandy , after the death of the said Duke Robert his Father , notwithstanding that Duke Robert had two lawful Brothers alive at that time , whose names were Manger Archbishop of Rouan , and William Earl of Argues , in Normandy , who pretended by Succession to be preferred . But the States of Normandy at the request of Duke Robert , when he went to the Holy Land , ( in which Journey he dyed , ) as also for avoiding of Dissension and Wars that otherwise might ensue , were content to exclude the Uncles , and admit the Bastard son , who was also assisted by the Forces of the King of France , as hath been said ; so as no Scruple it seemed there was in those days , either to prefer King Henry to the Crown of France before his Elder Brother , or Duke William , the Bastard son to the Dutchy of Normandy before his lawful Uncles upon such slow Considerations , as those States may be presumed to have had for their doings . I read also that some years after , to wit , in the Year 1110. when Philip the First of France , Son and Heir to this King Henry , of whose solemn Coronation you have heard before in the seventh Chapter , was deceased , the People of France were so offended with his evil Life and Government , as divers were of opinion to disinherit his Son Lowis the Sixth , sirnamed le Gros , for his sake : and so was he like to have been indeed , as may appear by the Chronicle of France , if some of his Party had not caused him to be Crowned in hast , and out of Order . in Orleans , for preventing the matter . The like doth Philip Cominaeus , in his Story of King Luys the Eleventh , declare , how that the State of France had once determined to have disinherited his Son Charles , named after the VIII . and to put him back from his Succession for their hatred to his Father , if the said Father had not dyed while the other was very young , as I noted before also , that it happened in King Henry the Third of England , who was once condemned by the Barons to be disinherited , for the fault of King John his Father , and Lowys the Prince of France chosen in his place , but that the death of King John did alter that Course intended by the English Nobility , so as this matter is neither new nor unaccustomed in all foreign Countreys , and now will I pass also a little to our English Stories , to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great Variety , Changes and Diversity in the Races of their Kings , as any one Realm in the World , it seemeth evident ; for that first of all , after the Britains , it had Romans for their Governours for many years , and then of them and their Roman Bloud they had Kings again of their own , as app●areth by that Valiant King Aurelius Ambrosius , who resisted so manfully and prudently the Saxons for a time , after this they had Kings of the Saxon and English Bloud , and after them of the Danes , and then of the Normans , and after them again of the French ; and last of all , it seemeth to have returned to the Britains again , in King Henry the Seventh , for that his Father came of that Race : and now you know there be Pretenders of divers Nations , I mean both of Scotish , Spanish and Italian Bloud ; so that England is like to participate with all their Neighbours round about them , and I for my part do feel my self much of the French opinion before-alledged , that so the Ship be well and happily guided ▪ I esteem it not much important of what Race or Nation the Pilot be : but now to our purpose . I mean to pass over the First and Antient Ranks of Kings , as well of the British and Roman , as also of the Saxon Races , until King Egbert the first of this name , King of the West Saxons , and almost of all the rest of England besides , who therefore is said to be properly the first Monarch of the Saxon Bloud , and he that first of all commanded that Realm to be called England , which ever since hath been observed . This man Egbert being a young Gentleman of a Noble House in the West parts of England , was had in jealousy by his King Britricus , ( who was the sixteenth King from Cerdicius , first King of the West Saxons , as he was also the last of his Bloud . And for that he suspected that this Egbert , for his great Prowess , might come in time to be chosen King ; he banish'd him into France , where he lived divers years , and was a Captain under the famous King Pepin that was Father to Charles the Great , and hearing afterwards that King Britricus was dead , he returned into England where Polydor saith , omnium consensu Rex creatur , that he was created or chosen King by consent and voice of all men , though yet he were not next by Propinquity of Bloud Royal , as is most evident , and yet he proved the most Excellent King that ever the Saxons had before , or perhaps after , and his Election happened in the Year of Christ eight hundred and two , when King Pepin the first of that Race reigned , ( as hath been said , ) in France , so as this Monarchy of Egbert and that of Pepin , ( whereof we have alledged so many Examples in the former Chapter , began as it were together , and both of them , ( I mean both Pepin and Egbert , ) came to their Crowns by Election of the People , as here you see . This King Egbert , or Egbrich , as others do write him , left a lawful Son behind him named Elthelwolfe , or Adelvulfe , or Edolph , ( for all is one , ) who succeeded him in the Kingdom , and was as Worthy a man as his Father , and this Adelvulfe again had four lawful Sons , who all in their turns succeeded by just and lawful Order in the Crown , to wit , Ethelbald , Ethelbert , Ethelred , and Alfred , for that none of the former Three had any Children , and all the latter Three were most Excellent Princes , especially Alfred , or Alvred , the Last of all Four , whose Acts are wonderful , and who , among other his Renowned Gests , drove Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France , where he got the Countr●y or Province , named then Neustria , and now Normandy , and was the first Duke of that Province and Nation , and from whom our William Conquerour came afterwards in the sixth Descent . This man erected also the Vniversity of Oxford , being very Learned himself , builded divers goodly Monasteries and Churches , and dying left as famous a Son behind him , as himself , which was Edward the First , sirnamed the Senior or Elder . This King Edward dying left two Sons , lawfully begotten of his Wife Edigna , the one named Prince Edmund , and the other Eldred , and a Third Illegitimate , whose name was Adelstan , whom he had by a Concubine . But yet for that this man was esteemed to be of more valor than the other , he was preferred to the Crown , before the Two other Princes Legitimate , for so testifieth Polidor in these words , Adelstanus ex concubina Edwardi filius , Rex à populo consalutatur , atque ad Kingstonum oppidum more majorum ab Athelmo Can●uariensi Archiepiscopo coronatur , which is Adelstan the Son of King Edward by a Concubin was made King by the People , and was Crowned according to the old custom by Athelme Archbishop of Canterbury at the Town of Kingston . Thus far Polidor , and Stow addeth further these words : His Coronation was celebrated in the Market-place , upon a Stage , erected on high , that the King might better be seen of the Multitude , he was a Prince of worthy memory , valiant and wise in all his Acts , and brought this Land into one perfect Monarchy , for he expelled utterly the Danes , and quieted the Welchmen . Thus much Stow of the Success of Chusing this King Bastard to Reign . To whose Acts might be added that he conquered Scotland , and brought Constantine their King to do him homage , and restored ●uy d' Outremer his Sisters son to the the Kingdom of France , as before hath been signified . This man dying without Issue his Lawful Brother Edmond , put back before , was admitted to the Crown , who being of excellent expectation dyed after six years , and left two Lawful Sons , but yet for that they were young , they were both put back by the Realm , and their Uncle Eldred was preferred before them , so saith Polidor , Genuit Edmondus ex Egilda uxere Eduinum & Edgarum , qui cum aetate pueri essent , post Eldredum deinde regnarunt . King Edmond begat of his Wife Egilda two Sons named Edwin and Edgar , who for that they were but children in years , were put back , and Reigned afterwards after their Vncle Eldred . The like saith Stow , and yieldeth the same reason in these words , Eldred succeeded Edmond his Brother for that his Sons Edwin and Edgar were thought too young to take so great a Charge upon them . This Eldred , though he entred , as you see against the Right of the Nephews , yet lay Polidor and Stow that he had all mens Good-will , and was Crowned , as his Brother had been at Kingston by Odo Arch-bishop of Canterbury , and Reigned nine years with great good will and praise of all men . He dyed at last without Issue , and so his Elder Nephew Edwin was admitted to the Crown , but yet after four years he was deposed again for his lewd and vitious Life , and his younger brother Edgar admitted in his place in the year of Christ 959 This King Edgar that entred by deposition of his Brother , was one of the rarest Princes , that the World had in his time , both for Peace and War , Justice , Piety and Valour . Stow saith , he kept a Navy of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm . Also that he built and restored 47 Monasteries at his own Charges , and did other many such Acts : he was Father to King Edward the Martyr , and Grandfather to King Edward the Confessor , though by two different Wives ; for by his first Wife named Egilfred he had Edwar● after martyrized ; and by his second Wife Alfred he had Etheldred , Father to Edward the Confessor , and to the end that Etheldred might Reign , his Mother Alfred caused King Edward the son of Egilfred to be slain after King Edgar her Husband was dead . After this so shameful Murther of King Edward many good men of the Realm were of opinion not to admit the Succession of Etheldred his half Brother , both in respect of the Murther of King Edward his elder Brother , committed for his sake , as also for that he seemed a man not fit to Govern , and of this opinion among others was the Holy man Dunston Archbishop of Canterbury , as Polidor saith , who at length in flat words denyed to consecrate him , but seeing the most part of the Realm bent on Etheldred's side , he foretold them that it would repent them after , and that in this man's Life the Realm should be destroyed , as indeed it was , and he ran away to Normandy , and left Sweno and his Danes in possession of the Realm , though afterwards Sweno being dead , he returned again and dyed in London . This Etheldred had two Wives , the first Ethelgina an English Woman , by whom he had Prince Edmund sirnamed Ironside , for his great strength and valour , who succeeded his Father in the Crown of England for a year , and at his death left two Sons which after shall be named , and besides this Etheldred had by his first Wife other two Sons Edwin and Adelston , and one Daughter named Edgina , all which were either slain by the Danes , or dyed without issue . The second Wife of Etheldred was called Emma , Sister to Richard Duke of Normandy , who was Grandfather to William the Conquerour , to wit , Father to Duke Robert , that was Father to William , so as Emma was great Aunt to this William , and she bare unto King Etheldred two Sons , the First Edward , who was afterwards named King Edward the Confessor , & Alerud who was slain traiterously by the Earl of Kent , as presently we shall shew . After the death also of King Etheldred , Queen Emma was married to the Dane King Canutus , the first of that name , sirnamed the Great , that was King of England after Etheldred , and Edmond Ironside his Son , and to him she bare a Son named Hardica●utus , who Reigned also in England before King Edward the Confessor . Now then to come to our Purpose , he that will consider the passing of the Crown of England from the death of Edmond Ironside , elder Son of King Etheldred , until the possession thereof gotten by William Duke of Normandy , to wit , for the space of 50 years , shall easily see what authority the Commonwealth hath in such Affairs , to alter titles of Succession , according as publick necessity or utility stall require ; for thus briefly the matter passed . King Etheldred seeing himself too weak for Sweno the King of Danes , that was entred the Land , fled with his Wife Emma and her two children Edward and Alerud , unto her Brother Duke Richard of Normandy , and there remained until the death of Sweno , and he being dead , Etheldred returned into England , made a certain Agreement and Division of the Realm between him and Canutus the son of Sweno , and so dyed , leaving his eldest Son Edmond Ironside to succeed him , who soon after dying also left the whole Realm to the said Canutus , and that by plain Covenant , as Canutus pretended , that the Longest Liver should have all : whereupon the said Canutus took the two Children of King Edmond Ironside named Edmond and Edward , and sent them over into Sweedland , ( which at that time was subject also unto him , ) and caused them to be brought up honourably , of which Two the Elder named Edmond dyed without issue , but Edward was married , and had divers Children , as after shall be touched . Etheldred and his Son Edmond being dead , Canutus the Dane was admitted for King of England by the whole Parliament and Consent of the Realm , and Crowned by Alerud Archbishop of Canterbury , as Polidor saith , and he proved an excellent King , went to Rome , and was allowed by that See also . He did many Works of Charity , shewed himself a good Christian , and very loving and kind to Englishmen , married Queen Emma an Englishwoman , and Mother to King Edward the Confessor , and had by her a Son , named Hardicanutus , and so dyed and was much mourned by the English , after he had Reigned twenty Years , though his entrance and Title was partly by Force and partly by Election , as before you heard . After this Canutus the First , sirnamed the Great , ( for that he was King jointly both of England , Norway and Denmark , ) was dead , Polidor saith that all the States of the Realm met together at Oxford to consult whom they should make King , and at last by the more part of Voices was chosen Herauld the first Son of Canutus by a Concubine , by which Election we see injury was done to the Lineal Succession of three Parties , first to the Sons of King Edmond Ironside that were in Sweedland then to the Princes of Edward and Alerud Sons to King Etheldred , and Brothers to Ironside that were in Normandy , and thirdly to Hardicanutus Son to Canutus by his Lawful Wife Emma , to whom it was also assured at her Marriage , that her Issue should succeed , if she had any by Canutus . After the death of this Harald , who dyed in Oxford where he was elected , within three years after his Election , there came from Denmark Hardicanutus to claim the Crown , that his Father and Brother had possessed before him , of whose Coming Polidor saith ; libentissimis animis accipitur communique omnium consensu Rex dicitur . He was received with great good-will of all , and by common Consent made King : and this was done by the States without any respect had of the Succession of those Princes in Normandy and Swedeland , and who by birth were before him , as hath been shewed ; and this is the second breach of Lineal Descent after Etheldred . But this Hardicanutus being dead also upon the sudden at a certain Banquet in Lambeth by London without issue , within two years after his Coronation , the States of the Realm had determined to chuse Aludred for their King , who was younger Brother to Edward , and for that cause sent for him out of Normandy , as Polidor recounteth , and had made him King without all doubt , ( for that he was esteemed more Stirring and Valiant than his elder Brother Edward ) had not Earl Goodwin of Kent fearing the young man's stomach raised a strong Faction against him , and thereupon also caused him to be traiterously murthered as he passed through Kent towards London ; nor had the State herein any respect to Antiquity of Bloud , for that before Alfred were both his own elder Brother Prince Edward , ( who after him was chosen King , ) and before them both were Edmond and Edward the Children of their elder Brother Edmond Ironside , as hath been said , and this is the third Breach of Lineal Descent . But this notwithstanding , Alured being slain , Prince Edward was made King , tanta publica laetitta ( saith Polidor ) ut certatim pro ejus saelici Principatu , cuncti vot a facerent . That is , He was made King with such universal joy and contentment of all men , as every man contended who should pray and make most Vows to God for his happy Reign : And according to this was the Success , for he was a most Excellent Prince , and almost miraculously , he Reigned with great Peace , and void of all War at home and abroad , for the space of almost twenty years , after so infinit Broils as had been before him , and ensued after him ; and yet his Title by Succession cannot be justified , as you see , for that his eldest Brothers Son was then alive , to wit , Prince Edward , sirnamed the Outlaw , who in this Kings Reign came into England , and brought his Wife and three lawful Children with him , to wit , Edgar , Margaret and Christian : but yet was not this good King Edward so scrupulous , as to give over his Kingdom to any of them , or to doubt of the Right of his own Title , which he had by Election of the Commonwealth , against the Order of Succession . This King Edward being dead without issue , Polidor saith , that the States made a great Consultation , whom they should make King , and first of all it seemeth they excluded him , that was only Next by Propinquity in Bloud , which was Edgar Adelin , Son to the said Prince Edward the Outlaw now departed , and Nephew to King Edmond Ironside , and the reason of this exclusion is alledged by Polidor in these words , is puer id aetatis nondum regno gubernando maturus erat : That is , he being a Child of so small-years was not ripe enough to Govern the Kingdom . And then he saith that Harald Son of Earl Goodwin , by the Daughter of Canutus , the First , proclaimed himself King , and moreover he addeth , Non displicuit omnino id factum populo , qui plurimum s●ei in Haraldi virtute habebat , itaque more majorum sacratus est , which is , This fact of Harald displeased not at all the People of England , for that they had great hope in the vertue of this Harald , and so was he Anointed and Crowned according to the Fashion of the antient Kings of England . By which words we may see that Harald had also the approbation of the Realm to be King , notwithstanding that little Edgar was present , as hath been said , so as this was the fourth Breach of Succession at this time . But in the mean space William Duke of Normandy pretended that he was chosen before by King Edward the Confessor , and that the Realm had given their consent thereunto , and that King Edward left the same testified in his last Will and Testament ; and albeit none of our English Authors do avow the same clearly , yet do many other foreign Writers hold it , and it seemeth very probable that some such thing had past , both for that Duke William had many in England that did favour his Pretence at his entrance , as also , as Gerard in his French Story saith , that at his first Coming to London he punished divers by name , for that they had broken their Oaths and Promises in that behalf : And moreover it appeareth that by alledging this Title of Election he moved divers Princes abroad to favour him in that Action , as in a just Quarrel , which is not like they should have done , if he had pretended only a Conquest , or his Title of Consanguinity , which could be of no importance in the World for that effect , seeing it was no other but that his Grandfather and King Edward's Mother were Brother and Sister , which could give him no pretence at all to the Succession of the Crown , by Bloud , and yet wee see that divers Princes did assist him ; and among others the French Chronicler Gerard , so often named before , writeth that Alexander the second Pope of Rome , ( whose Holiness was so much esteemed in those days as one Constantinus Afer wrot a Book of his Miracles , ) being informed by Duke William of the Justness of his pretence , did send him his Benediction and a precious Ring of Gold , with an Hallowed Banner , by which he got the Victory ; thus writeth Gerard in his French Chronicles , and Antoninus Archbishop of Florence , sirnamed Sainct , writing of this matter in his Chronicles speaketh great good of William Conquerour , and commendeth his Enterprize . But howsoever this was the Victory we see he got , and God prospered his Pretence , and hath confirmed his Off-spring in the Crown of England more than 500. Years together ; So as now , accounting from the the death of King Edmond Ironside , unto this man , we shall find , ( as before I have said , ) in less than 50 Years , that 5. or 6. Kings were made in England one after another , by only Authority and Approbation of the Commonwealth , contrary to the ordinary Course of Lineal Succession by Propinquity of Blood. And all this is before the Conquest , but if we should pass any further down , we should find more Examples than before . For First , the two Sons of the Conquerour himself , that succeeded after him , to wit , William Rufus and Henry the I. were they not both younger Brothers to Robert Duke of Normandy , to whom the most part of the Realm was inclined , ( as Polydor saith , ) to have given the Kingdom presently after the Conquerours death , as due to him by Succession , notwithstanding that William for particular displeasure against his elder Son , had ordained the contrary in his Testament . But that Robert being absent in the War of Hierusalem , the Holy and Learned man Laufranke , ( as he was accounted then , ) Archbishop of Canterbury , being deceived with vain hope of William Rufus's good nature , perswaded them the contrary , who was at that day of high Estimation and Authority in England , and so might induce the Realm to do what he liked . By like means got Henry his younger Brother the same Crown afterwards , to wit , by fair Promises to the People , and by help principally of Henry Newborow Earl of Warwick , that dealt with the Nobility for him , and Maurice Bishop of London with the Clergy , for that Anselm , Archbishop of Canterbury was in banishment . Besides this also it did greatly help his cause , that his elder Brother Robert , ( to whom the Crown by right appertained , ) was absent again this second time in the War of Jerusalem , and so lost thereby his Kingdom , as before : Henry having no other Title in the World unto it , but by Election and Admission of the People , which yet he so defended afterwards against his said Brother Robert , that came to claim it by the Sword , and God did so prosper him therein , as he to●k his said elder Brother Prisoner , and so kept him for many Years , until he dyed in Prison most pitifully . But this King Henry dying left a Daughter behind him , named Mawde or Mathilde , which being married first to the Emperour Henry the V. he dyed without issue , and then was she married again the second time to Geffry Plantagenet Earl of Anjow in France , to whom she bare a Son named Henry , his Grandfather , caused to be declared for Heir Apparent to the Crown in his Days , but yet after his decease , for that Stephen Earl of Bollogne , born of Adela Daughter to William the Conquerour , was thought by the State of England to be more fit to Govern , and to defend the Land , ( for that he was at Mans age , ) then was Prince Henry a Child of Maude his Mother , he was admitted , and Henry put back , and this chiefly at the perswasion of Henry Bishop of Winchester , Brother to the said Stephen , as also by the Solicitation of the Abbot of Glassenbury and others , who thought belike they might do the same , with good Conscience for the good of the Realm , though the event proved not so well , for that it drew all England into Factions and Divisions , for avoiding and ending whereof , the States some Years after in a Parliament at Wal●ingford made an agreement that Stephen should be Lawful King , during his Life only , and that Henry and his Off-spring should succeed him , and that Prince William King Stephen's Son should be deprived of his Succession to the Crown , and made only Earl of Norfolk , thus did the State dispose of the Crown at that time , which was in the Year of Christ 1153. To this Henry succeeded by Order his Eldest son then living named Richard , and sirnamed Cordelyon , for his Valor , but after him again the Succession was broken . For that John King Henry's youngest Son , to wit , younger Brother to Richard , whom his Father the King had left so unprovided , as in jest he was called , by the French , Jean sens terre , as if you would say S r John Lacke Land : This man , I say , was , after the death of his Brother , Admitted and Crowned by the States of England , and Arthur Duke of Britain , Son and Heir to Geffery ( that was elder brother to John , ) was against the ordinary course of Succession excluded . And albeit this Arthur did seek to remedy the matter by War , yet it seemed that God did more defend this Election of the Commonwealth than the right Title of Arthur by Succession , for that Arthur was overcome , and taken by King John , though he had the King of France on his side , and he dyed pitifully in prison , or rather , as most Authors do hold , he was put to death by King John his Uncles own hands in the Castle of Roan , thereby to make his Title of Succession more clear , which yet could not be , for that as well Stow in his Chronicle , as also Matthew of Westminster and others before him do write , that Geffrey besides this Son , left two Daughters also by the Lady Constance his Wife , Countess and Heir of Britaine , which by the Law of England should have succeeded before John ; but of this small account seemed to be made at that day . Some years after , when the Barons and States of England misliked utterly the Government and proceeding of this King John , they rejected him again , and chose Luys the Prince of France to be their King , and did swear Fealty to him in London , as before hath been said ; and they deprived also the young Prince Henry his Son , that was at that time but eight years old ; but upon the death of his Father King John , that shortly after insued , they recalled again that sentence , and admitted this Henry to the Crown by the name of King Henry the III. and disanulled the Oath and Allegiance made unto Luys Prince of France ; and so King Henry Reigned for the space of 53. years afterwards , the longest Reign ( as I think ) that any before or after him hath had in England . Moreover you may know , that from this King Henry the third , do take their first beginning the two branches of York and Lancaster , which after fell to so great contention about the Crown : Into which if we would enter , we should see plainly , as before hath been noted , that the best of all their titles after the deposition of King Richard the second , depended on this authority of the Commonwealth , for that as the People were affected , and the greater part prevailed , so were their titles either allowed , confirmed , altered , or disanulled by Parliaments ; and yet may not we well affirm , but that either part when they were in possession and confirmed therein by these Parliaments , were lawful Kings , and that God concurred with them , as with true Princes for Government of their People ; For if we should deny this point , as before hath been noted , great inconveniencis would follow , and we should shake the States of most Princes in the World at this day , as by examples which alreay I have alledged in part may appear . And with this also I mean to conclude , and end this discourse in like manner , affirming , that as on the one side propinquity of Bloud is a great preheminence towards the attaining of any Crown , so yet doth it not ever bind the Commonwealth to yield thereunto , if weightier Reasons should urge them to the contrary ; neither is the Commonwealth bound always to shut her Eyes , and to admit at hap-hazard , or of necessity , every one that is next by Succession of Bloud , as Belloy falsly and fondly affirmeth ; but rather she is bound to consider well and maturely the Person that is to enter ; Whether he be like to perform his duty and charge committed unto him or no ; for that otherwise , to admit him that is an enemy or unfit , is but to destroy the Common-wealth and him together . This is my opinion , and this seemeth to me to be conform to all Reason , Law , Religion , Piety , Wisdom , and Policy , and to the use and custom of all well governed Common-wealths in the World ; Neither do I mean hereby to prejudice any Princes pretence , or Succession to any Crown or Dignity in the World , but rather do hold that he ought to enjoy his Preheminence ; but yet so , that he be not prejudiciae thereby to the whole body , which is ever to be respected more then any one Person , whatsoever Belloy or other of his opinion do say to the contrary . Thus said the Civilian , and being called upon and drawn to a new matter by the question that ensueth , he made his last discourse and conclusion of the whole matter , in manner following . CHAP. IX . What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince , that pretendeth to succeed : wherein it is handled largely ; also of the diversity of Religion , and other such Cases . AFter the Civilian had alledged all these examples of Succession , altered or rejected by publick Authority of Commonwealths , and of the allowance and approbation and good success , which for the most part God seems to have given unto the same , one of the Company brake forth , and said , That this point appeared so evident unto him , as no doubt in the World could be made thereof ; I mean , Whether this thing in it self be lawful or no ? To alter sometimes the course of Succession , seeing that all Commonwealths of Christendom , had done it so often ; only he said , that it remained somewhat doubtful unto him , whether the causes alledged in these mutations , and changes before-mentioned , were always sufficient or no ? For that sometimes they seemed to him but weak and slender , as when ( for example ) the Vncle was preferred before the Nephews ; for that he was a Man , and the other Children , which cause and reason hath oftentimes been alledged in the former examples , both of Spain , France , and England ; As also when the younger or Bastard Brother is admitted , and the elder and Legitimate Excluded ; for that the one is a Warrier , and the other not , and other such like causes are yielded ( said he , ) in the Exclusions before-rehearsed , which yet seems not sometimes weighty enough for so great an Affair . To this answered the Civilian , That according to their Law , both Civil and Canon , ( which thing also he affirmed to be founded on great reason , ) it is a matter most certain , that he who is Judge and ought to give the sentence in the thing it self , is also to judge of the cause , for thereof is he called Judge ▪ And if he have authority in the one , good reason he should also have power to discern the other , so as , if we grant according to the form and proofs ; That the Realm or Commonwealth hath power to admit or put back the Prince or pretender to the Crown ; Then must we also confess that the same Commonwealth , hath Authority to judge of the lawfulness of the cause ; and considering further that it is in their own affair , and in a matter that hath his whole beginning , continuance and substance from them alone ; I mean from the Commonwealth ; for that no Man is King or Prince by institution of nature , as before hath been declared , but every King and Kings Son , hath his dignity and preheminence above other men , but authority only of the Commonwealth : Who can affirm the contrary said the Civilian ? But that God doth allow for a just and sufficient cause in this behalf , the only will and judgment of the weal publick it self , supposing always , ( as in reason we may , ) that a whole Realm will never agree by orderly way of judgment ( for of this only I mean , and not of any particular Faction of private men against their Heir Apparent , ) to Exclude or put back the next Heir in Bloud and Succession without a reasonable cause , in their sight and consure . And seeing that they only are to be Judges of this case , ( as now I have said ) we are to presume that what they determine , is just and lawful for the time , and if at one time they should determine one thing , and the contrary at another , ( as they did often in England during the contention between York and Lancaster , and on other like occasions , ) what can a private Man judge otherwise , but that they had different reasons and motions to lead them at different times , and they being properly Lords and Owners of the whole business committed unto them : It is enough for every particular man to subject himself to that which his Common-wealth doth in this behalf , and to obey simply , without any further inquisition , except he should see that open injustice were done therein , or God manifestly offended , and the Realm indangered . Open injustice I call ( said he ) when not the true Commonwealth , but some Faction of wicked Man should offer to determin this matter , without lawful authority of the Realm committed to them ; and I call manifest offence of God , and danger of the Realm , when such a Man is preferred to the Crown , as is evident that he will do what lyeth in him to the prejudice of them both ; I mean both of Gods glory and the publick Wealth : as for example , if a Turk or Moor ( as before I have said ) or some other notorious wicked Man , or Tyrant , should be offered by Succession or otherwise to govern among Christians , in which cases every man ( no doubt ) is bound to resist what he can , for that the very end and intent for which all Government was first ordained , is herein manifestly impugned . Thus the Civilian discoursed , and the whole Company seemed to like very well thereof , for that they said his opinion appeared both prudent and pious ; and by this occasion it came also presently in question , What were the true causes and principal points , which ought to be chiefly regarded , as well by the Commonwealth as by every particular Man , in this great action of furthering or hindering any Prince towards a Crown . And they said unto the Civilian , that if he would discuss in like manner this point unto them , it would be a very apt and good conclusion to all his former Speeches and Discourses , which having been of the authority , that well publicks have over Princes Titles , this other of the causes and considerations that ought to lead them for use and exercise of the same authority , would fall very fit and necessary for the up-shot of all . Hereunto the Civilian answered , that he well saw the fitness and importance of the matter , and therefore that he was content to speak a word or two more thereof ; Notwithstanding that much had been said already therein , to wit , in all those points which had been disputed about the end of Government , and why it was appointed , which end ( said he ) seing it is ( as largely hath been proved before ) to defend , preserve , and benefit the Commonwealth , here hence that is , from this consideration , of the Wel-publick , are to be deduced all other considerations of most importance , for discerning a good or evil Prince . For that whosoever is most likely to defend , preserve , and benefit most his Realm and subjects , he is most to be allowed and desired , as most conform to the end for which Government was ordained . And on the contrary side , he that is least like to do this , deserveth least to be preferred , and here ( quoth he , ) you see doth enter also that consideration mentioned by you before , which divers Commonwealths had in putting back oftentimes Children and impotent People , though otherwise next in Blood , ) from Succession , and preferring more able Men , though further off by Descent , for that they were more like to defend well their Realm and Subjects , than others were . But to proceed , ( said he , ) more distinctly and more perspicuously in this matter , I would have you call to mind one Point among others which I alledged before out of Gerard the French Author , to wit , that the King of France in his Coronation is new apparelled three times in one day , once as a Priest , and then as a Judge , and last as King armed . Thereby to signify three things committed to his Charge , First Religion , then Justice , then Manhood and Chivalry for the Defence of the Realm . This Division seemeth to me very good and fit , ( quoth he , ) and to comprehend all that a Wel-Publick hath need of , for her happy State and Felicity , both in Soul and Body , and for her end , both Supernatural and Natural . For by the First , which is Religion , her Subjects do attain unto their end Spiritual and Supernatural , which is the Salvation of their Souls , and by the Second and Third , which are Justice and Defence , they enjoy their Felicity Temporal , which is , to live in Peace among themselves , and Safety from their Enemies ; for which Cause it seemeth that these are the three Points , which most are to be regarded in every Prince , that cometh to Government , and much more in him that is not yet admitted thereunto , but offereth himself to the Commonwealth for the same purpose . And for that the latter two of these three Points which are Justice and Manhood , hath been often had in consideration , in the Examples of Changes before mentioned , and the first Point , which is Religion , hath rarely or never at all been talked of , for that in former times the Prince and the People were always of one and the same Religion , and scarce ever any question or doubt fell in that behalf , ( which yet in our days is the principal difference and chiefest difficulty of all other . ) For these Causes , ( I say , ) shall I accommodate my self to the circumstance of the time , wherein we live , and to the present Case which is in question betwixt us about the Succession of England , and leaving aside those other two Considerations of Justice and Chivalry in a King , which are far less important than the other , ( though yet so highly regarded by ancient Commonwealths , as you have heard , ) I shall treat principally of Religion in this place , as of the first and highest , and most necessary Point of all other to be considered in the Admission of any Prince , for the profit of his Subjects : for that without this he destroyeth all ; and with this , albeit he should have defects in the other two Points of Justice and Manhood , yet may it be holpen , or his defect or negligence may be supplyed much by others , as after I shall shew more in particular : but if he want Fear of God , or care of Religion , or be perversly perswaded therein , the damage of the Wel-Publick is inestimable . First of all then , for beter understanding of this Point , we are to suppose , that the first , chiefest and highest end that God and Nature appointed to every Commonwealth , was not so much the temporal felicity of the Body , as the Supernatural and Everlasting of the Soul , and this was not only revealed to the Jews by Holy Scriptur , but also unto the Gentils and Heathens by the Instinct and Light of Nature it self . For by this Light of Natural reason the Learned sort of them came to understand the immortality of the Soul , and that her Felicity , Perfection and full Contentment , which they called her final End and Summum Bonum , could not be in this Life , nor in any thing Created under Heaven , but must needs be in the Life to come , and that by attaining to enjoy some infinit endless and immortal Object , which could fully satisfy the appetit of our Soul , and this could be no other than GOD , the Maker of all himself . And that consequently all other things of this transitory Life , and of this humane Commonwealth subject to mans eyes , are ordained to serve and be subordinate and directed to the other Higher End , and that all mans actions in this World are first of all , and in the highest degree , to be employed to the recognising , serving and honouring of this great Lord that governeth the whole , as Author and End of all . To this Light I say came the Heathens , even by the Instinct and Direction of Nature , whereof ensued that there was never yet Pag●n Philosopher that wrote of framing a good Commonwealth , as Socrates , Plato , Plutarch , Cicero , and others , neither Law-maker among them that left Ordinances for the same purpose , as Deucalion , Minos , Zaleucus , Lycurgus , Solon , Jon , Numa , or the like , which besides the temporal end of directing things well for the body , had not especial care also of matters appertaining to the mind , to wit , of nourishing , honouring and rewarding of Vertue ; and for restraining and punishing of Vice and Wickedness ▪ whereby is evident that their end and butt was , to make their Citizens Good and Vertuous , which was an higher end ▪ than to have a bare consideration of temporal and bodily Benefits only , as many Governours of our days , ( though Christians in name , ) seem to have , who pretend no higher and in their Government than Bodily Wealth , and a certain temporal King of Peace and Justice among their Subjects , which divers beasts also do reach unto in their Congregations and Commonwealths , as is to be seen among Emmets and Bees , Cranes , Lions and other such Creaturs , that by Instinct of Nature are sociable , and do live in company , and consequently also do maintain so much Order and Policy in their Commonwealth , as is needful for their preservation and continuance . But Nature taught Man a far higher and more excellent End in his Commonwealth , which was not only to provide for those bodily Benefits that are common also to creatures without Reason , but much more for those of the Mind , and above all for the serving of that High and Supreme God that is the Beginning and End of all the rest . For whose Service also they learned by the same Instinct and Institution of Nature , that the chiefest and supremest Honour , that could be done unto him in this life by man was the Honour of Sacrifice and oblations , which we see was begun and practised even in those first beginnings of the Law of nature , before the Levitical Law ; and the particular Forms of this same Law were prescribed by Moses . For so we read in Genesis of Noach , that he made an Altar , and offered Sacrifices to God , upon the same , of all the Beasts and Birds that he had in the Ark , odor atusque est Dominus odorem suavitatis , And God received the smell of these Sacrifices , as a sweet smell . Which is to say , that God was highly pleased therewith , and the like we read of Job that was Gentle , and lived before Moses , Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos . He did sanctify his children , and rising early in the Morning did offer for them holocausts or burnt sacrifices every day . This men used in those days , and this they were taught by Law of Nature , I mean both to honour God above all things , and to honour him by this particular way of Sacrifices ; which is proved also evidently by that which at this day is found and seen in the Indians , where never any notice of Moses's Law came , and yet no Nation hath ever been found among them , that acknowledgeth not some kind of God , and offereth not some kind of Sacrifice unto him . And albeit in the particular means of honouring this God , as also in distinguishing between false gods & the true God , these people of the Indians have fallen into most gross and infinit errours , as also the Gentiles of Europe , Asia and Africa did , by the craft and subtilty of the Devil , which abusing their ignorance , did thrust himself into the place of God , and derived and drew those Sacrifices and supreme honours unto himself , which were due to God alone ; yet is it evident hereby , ( and this is sufficient for our Purpose , ) that by God and Nature , the Highest and Chiefest End of every Common-wealth , is Cultus Dei , the Service of God , and Religion , and consequently that the principal Care and Charge of a Prince and Magistrate even by Nature it self , is , to look thereunto , whereof all Antiquity both among Jews and Gentiles were wont to have so great regard , as for many years and ages their Kings and chief Magistrates were also Priests : and divers Learned men do hold , that the Priviledge and Preheminence of Primogenitura , or the first born Children , so much esteemed in the Law of Nature ( as before we have seen , ) consisted principally in this , that the Eldest Sons were Priests , and had the Charge and Dignity of this greatest Action of all other upon Earth , which our temporal Magistrates so little regard now . And this respect and reverence towards Religion was so greatly planted in the Breasts of all Nations her self , as Cicero pronounced this general Sentence in his time . Nulla est geus tam fera , nulla tam immunis , cujus mentem non imbuerit Deorum colendorum religio . There is no Nation so fierce or barbarous , whose minds are not endued with some Religion of worshipping Gods. And Plutarch writing against a certain Atheist of his time saith thus : If you travel far Countreys , you may chance to find some Citys without learning , without Kings , without riches , without money ; but A City without Temples , and without Gods and Sacrifices , no man yet hath ever seen . And finally Aristotle in his Politicks having numbred divers things necessary to a Commonwealth , addeth these words : Quintum & primum , circa rem Divinam cultus , quod sacerdotium sacrificiumque vocant . In the Fifth place , ( which indeed ought to be the First of all 〈◊〉 . ) is necessary to a Commonwealth , the honour and service due unto God , which men commonly do comprehend by the words of Priesthood and Sacrifice . All this I have alledged to confute even by the Principles of Nature her self the absurd opinions of divers A●h●●sts of our time , that will seem to be great Politicks , who affirm that Religion ought not to be so greatly respected in a Prince , or by a Prince , as though it were his chiefest Care or the matter of most importance in his Government , which you see how false and impious it is even among the Gentiles themselves , but much more among Christians who have so much the greater obligation to take to heart this matter of Religion , by how much greater Light and Knowledge they have of God : and therefore we see that in all the Princes Oaths which before you have heard recited to be made and taken by them at their Admission and Coronation , the first and principal Point of all other is about Religion and maintainance thereof , and according to this Oath also of Supreme Princes , not only to defend and maintain Religion by themselves in all their states , but also by their Lieutenants and under-Governours , we have in our Civil Law a very solemn form of an Oath , which Justinian the Emperour , above 1050. years ago , was wont to give to all his Governours of Countreys , Citys , and other places , before they could be admitted to their Charges , and for that it is very effectual , and that you may see thereby what care there was of this matter at that time , and what manner of Solemn and Religious Protestations , as also Imprecations they did use therein , it shall not be amiss perhaps to repeat the same in his own words , which are these following . The Title in the Civil Law is : Juramentum quod praestatur iis qui administrationes accipiunt , The Oath which is given to them that receive Governments . And then the Oath beginneth thus : Juro per Deum omnipotentem & Filium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum Sanctum , & per sanctam gloriosam Dei genitricem & semper virginem Mariam , & per quatuor Evangelia , quae in manibus meis teneo , & per sanctos archangelos Michaelem & Gabrielem , puram conscientiam germanumque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae coujugi ejus , occasione traditae mihi ab eorum pietate administrationis . Et quod communicator sum sanctissim●e Dei Catholicae & Apostolicae Ecclesiae , & nullo modo vel tempore adversabor ei , nec alium quemcunque permittam quantum possibilitatem habeam , & si vero non haec omnia servavero , recipiam omnia incommoda hic & in futuro seculo in terribili judicio magni Domini Dei & Salvatoris nostri Jesu Christi , & habebo partem cum Juda & cum lepra Gehazi , & cum tremore Cain , insuper & poenis quae lege eorum pietatis continenter ero subjectus . Which in English is thus : I do swear by Almighty God , and by his Holy Son our Lord Jesus Christ , and by the Holy Ghost , and by the holy glorious Mother of God , the perpetual Virgin Mary , and by the four Holy Gospels which I do hold in my hand , and by the holy Archangels S. Michel and S. Gabriel , that I will keep a pure Conscience , and perform true Service unto the Sacred Persons of our Lords and Princes Justinian and Theodosia his Wife , in all occasions of his Government , by their benignity committed unto me . Moreover I do swear that I am communicant and member of the most Holy Catholick and Apostolick Church of God , and that I shall never at any time hereafter be contrary to the same , nor suffer any other to be , as much as shall lie in my possibility to let . And if I should break this Oath , or not observe any point thereof , I am content to receive any punishment both in this World , as also in the World to come , in that last and most terrible Judgment of our great Lord and Saviour Jesus Christ , and to have my part with Judas , as also with the leprosy of Gehazi , and with the fear and trembling of damned Cain : And besides all this , I shall be subject to all punishments that are ordained in the Laws of their Majesties , concerning this Affair . This Oath did all the Governours of Christian Countries take in old time , when Christian Emperours did flourish ; and it hath remained for a Law and President ever since to all Posterity . And if we join this with the other Oaths before set down in the V. Chapter , which Emperours and Kings did make themselves , ( unto their Ecclesiastical Prelates , at their first Admission , ) about this Point : we should see nothing was so much respected in Admission of a Prince , or Governour , ( nor ought to be , ) as Religion ; for that , ( as I have said before , ) this is the chiefest , greatest and highest end of every Commonwealth , intended both by God and Nature , to assist their Subjects to the attaining of their Supernatural end , by honouring and serving God in this life , and by living vertuously , for that otherwise God should draw no other fruit or commodity out of humane Common-wealths , than of an Assembly of Brutish Creaturs , maintained only and governed for to eat , drink and live in peace , as before hath been declared . But the End of man being far higher than this : it followeth that whatsoever Prince or Magistrate doth not attend with care to assist and help his subjects to this end , omitteth the first and principal part of his Charge , and committeth high Treason against his Lord and Master , in whose place he is , and consequently is not fit for that Charge and Dignity , though he should perform the other two parts never so well of temporal Justice and Valour in his Person , which two other Points do appertain principally to the humane felicity and baser end of Mans Wel-publick , and much more of a Christian ▪ Hereof it ensueth also that nothing in the world can so justly exclude an Heir apparent from his Succession , as want of Religion , nor any cause whatsoever justify and clear the Conscience of the Commonwealth , or of particular men , that in this Case should resist his Entrance , as if they judge him faulty in this point , which is the he Head of all the rest , and for which all the rest do serve . You do remember that before I compared an Heir apparent unto a Spouse betrothed only , and not yet married to the Commonwealth . Which Espousal or Betrothing , according to all Law both Divine and humane , may be broken and made void much easier and upon far less causes than an actual perfect Marrying may , of which our Saviour himself said , Quos Deus conjunxit homo non separet . i. e. Whom God hath joyned let no man separate ; and yet S. Paul to the Corinthians determineth plainly , that if two Gentiles married together in their Gentility , ( which none denieth to be true Marriage , for so much as concerneth the Civil Contract , ) and afterwards the one of them being made a Christian , the other will not live with him or her ; or if he do , yet not without blaspheming of God , and tempting him to sin : in this Case , ( I say , ) the Apostle teacheth , and out of him the Canon Law setteth it down for a Decree , that this is sufficient to break and dissolve utterly this Heathen Marriage , although consummate between these two Parties , and that the Christian may marry again , and this only for want of Religion in the other party , which being so in actual Marriage already made and consummate , how much more may it serve to undo a a bare Betrothing , which is the case of a Pretender only to a Crown , as before hath been shewed . But you may say perhaps , that S. Paul speaketh of an Infidel or Heathen , that denieth Christ plainly , and with whom the other Party cannot live , without danger of sin and losing his faith , which is not the case of a Christian Prince , though he be somewhat different from me in Religion , to which is answered , that supposing there is but one onely Religion , that can be true among Christians , as both Reason and Athanasius his Creed doth plainly teach us : and moreover seeing that to me there can be no other Faith or Religion available for my Salvation , than only that which I my self do believe , for that my own Conscience must testify for me , or against me : certain it is , that unto me and my Conscience he which in any point believeth otherwise than I do , and standeth wilfully in the same , is an Infidel , for that he believeth not that which in my Faith and Conscience is the onely and sole Truth , whereby he must be saved . And if our Saviour Christ himself in his Gospel doth will certain men to be held for Heathens , not so much for difference in Faith and Religion , as for lack of Humility and Obedience to the Church : how much more may I hold him so , that in my opinion is an enemy to the Truth , and consequently so long as I have this opinion of him , albeit his Religion were never so true , yet so long , I say , ) as I have this contrary perswasion of him , I shall do against my Conscience , and sin damnably in the sight of God , to prefer him to a Charge , where he may draw many others to his own errour and perdition , wherein I do perswade my self that he remaineth . This Doctrine , ( which is common among all Divines , ) is founded upon that discourse of S. Paul to the Romans and Corinthians against such Christians as being invited to the banquets and tables of Gentiles , and finding Meats offered to Idoles , ( which themselves do judge to be unlawful to eat , ) did yet eat the same , both to the scandal of other infirme men there present , as also against their own Judgment and Conscience , which the Apostle saith was a damnable sin ; and this not for that the thing in it self was evil or unlawful , as he sheweth , but for that they did judge it so and yet did the contrary . Qui discernit , si manducaverit , aamnatus est , saith the Apostle , He that discerneth , or maketh a difference betwean this Meat and others , as judging this to be unlawful , and yet eateth it , he is damned ; that is to say , he sinneth damnably or mortally . Whereof the same Apostle yieldeth presently this reason , — Quia non ex fide , i. e. for that he eateth not according to his faith or belief , but rather contrary ; for that he believing it to be evil and unlawful , doth notwithstanding eat the same . And hereupon S. Paul inferreth this universal Proposition , Omne autem , quod non est ex side , peccatum est , i. e. All that is not of faith , or according to a mans own belief , is sin to him , for that it is against his own Conscience , Judgment and Belief , believing one thing , and doing another . And seeing our own Conscience must be our Witness at the Last Day , to condemn or deliver us , as before I have said , he must needs sin grievously , ( or damnably , as the Apostle here saith , ) who committeth any thing against his own Conscience , though otherwise the thing were not only indifferent , but very good also in it self , for that of the doers part there wanteth no malice or will to sin , seeing he doth that which he apprehendeth to be naught , though in it self it be not . And now to apply all this to our purpose for England , and for the matter we have in hand , I affirm and hold , that for any man to give his help , consent or assistance towards the making of a King , whom he judgeth or believeth to be faulty in Religion , and consequently would advance either no Religion , or the wrong , if he were in Authority , is a most grievous and damnable sin to him that doth it , of what side soever the Truth be , or how good or bad soever the Party be , that is preferred . For if S. Paul have pronounced so absolutely and plainly in the place before alledged , that even in eating of a piece of Meat , it is damnable for a man to discern and yet eat : what may we think will it be in so great and important a matter , as the making of a King is , for a man to dissemble or do against his own Conscience and Judgment , that is to say , to discern and judge that he is an Infidel , or Heretick , or wicked man , or Atheist , or erroneous in Religion : and yet to further his Advancement and Government over Christians , where he shall be able to pervert infinite , and to pull down all Honour and Service due unto God , and whether he do this evil afterwards or no ▪ yet shall I be guilty of all this , for that knowing and perswading my self that he is like , or in disposition to do it , yet for fear , flattery , carelesness , kindred , emulation against others , vain pretence of Title , lack of Zeal to God's Cause , or for other the like passions or temporal respects , I do favour further or sooth him in his pretences , or do not resist him , when it lieth in my power , by all which I do justly make my self guilty of all the evils , hurts , miseries and calamities both temporal and spiritual , which afterwards by his evil Government do or may ensue , for that I knowing him to be such a one , did notwithstanding assist his Promotion . And thus much now for matter of Conscience , but if we consider Reason of State also and worldly Policy , it cannot be but great folly and oversight for a man of what Religion soever he be , to promote to a Kingdom in which himself must live , one of a contrary Religion to himself ; for let the Bargains and Agreements be what they will , and fair promises and vain hopes never so great , yet seeing the Prince once made and settled , must needs proceed according to the Principles of his own Religion , it followeth also that he must come quickly to break with the other Party , though before he loved him never so well , ( which yet perhaps is very hard , if not impossible , for two of different Religions to love sincerely , ) but if it were so , yet so many jealousies , suspicions , accusations , calumniations and other aversions must needs light upon the Party that is of different Religion from the State and Prince , under whom he liveth , as not only he cannot be capable of such Preferments , Honours Charges , Governments and the like , which men may deserve and desire in their Commonwealths , but also he shall be in continual danger , and subject to a thousand molestations and injuries , which are incident to the condition and state of him , that is not currant with the course of his Prince and Realm in matters of Religion , and so before he be aware , he becometh to be accounted an enemy or backward man : which to remedy , he must either dissemble deeply , and against his own Conscience make shew to favour and set forward that which in his heart he doth detest , ( which is the greatest Calamity and Misery of all other , though yet many times not sufficient to deliver him from Suspicion , ) or else to avoid this everlasting perdition , he must break withal the temporal Commodities of this Life , and leave the Benefits which his Countrey and Realm might yield him , and this is the ordinary end of all such men , how soft and sweet soever the beginnings be . And therefore to conclude at length all this tedious Speech , wherewith I fear me I have wearied you against my will , ) seeing there be so great Inconveniences and Dangers both Temporal and Eternal , and in respect both of God and man , Body and Soul , as hath been declared , to advance a Prince of contrary Religion to the Crown : and considering that in England there is so great diversity of Religions , as the World knoweth , between these Parties and Factions , that have to pretend or admit the next Prince after her Majesty that now is : calling to mind also the great Liberty , Scope and Authority , which the Commonwealth hath in admitting or rejecting the Pretenders upon Considerations be their Right of Succession never so plain or clear , as before hath been shewed : and laying finally before our eyes the manifold and different Acts of Christian Realms , before mentioned in this Affair ; all these things , ( I say , ) being laid together , you may see whether I had reason at the beginning to think and affirm that it was a doubtful Case who should be our next Prince after the Queens Majesty that now sitteth at the Stern : and if beyond all this that I have said , our Friend the common Lawyer , here present , shall prove also , ( as at the first entrance he promised , ) that among such as do or may pretend of the Blood Royal at this day their true Succession and next propinquity by Birth is also uncertain and disputable , then is the matter made thereby much more ambiguous , and God only knoweth who shall prevail , and to him only is the matter to be commended , as far as I see , and with this I make an end , thanking you most heartily for your patience , and craving pardon for that I have been too long , or for any other fault that in this Speech I have committed . The End of the First PART . THE PREFACE OF THE Second Part. THe Civilian had no sooner ended his Discourse , but all the Company being most desirous to hear what the Temporal Lawyer had prepared to say , about the several Titles of the present Pretenders to the Crown of England , began with one accord to request him earnestly for the performance of his promised Speech in that behalf , who shewing himself neither unwilling nor unready for the same , told them , that he was content to yield to their desires , but yet with one condition , which was , that he would take in hand this matter with the same asseveration and protestation , with the Civilian in some occasions had used before him , and it liked him well , to wit , that having to speak in this Discourse of many Princes , Peers and Nobles of the Royal Blood of England ( to all which by Law of Nature , Equity and Reason he said that he bare reverent honour and respect ) and to discuss their several Pretentions , Rights , Interests and Titles to the Crown , he said , that his meaning was , not to offend , hurt , or prejudicate none : nor to determin any thing resolutly in favour or hinderance of any of their Pretences or Claims , of what Side , Family , Faction , Religion , or other Party soever he or she were , but rather plainly and indifferently without hatred or partial affection to or against any , to lay down sincerely what he had heard or read , or of himself conceived , that might justly be alledged in favour or disfavour of every Titler . And so much the rather he said that he would do this , for that in very truth the Civilians speech had put him in a great indifferency concerning matter of Succession , and had taken out of his Head many scrupulosities about nice Points of Nearness in Blood , by the many Examples and Reasons that he had alledged of the Proceeding of Christian Commonwealths in this Affair , preferring oftentimes him that was further off in Blood , upon other Considerations of more weight and importance , which Point seemed to him to have been so evidently proved , as no man can deny it , and much less condemn the same , without the Inconveniences before alledged and mentioned , of calling all in doubt that now is established in the World , considering that not only foreign Countries , but England also it self so often hath used the same putting back the next in Blood. Wherefore he said , that for as much as Commonwealths , and the consent , will and desire of each Realm was proved to have High and Soveraign Authority in this Affair , and that as on the one side Nearness of Blood was to be respected , so on the other there wanted not sundry considerations and circumstances of as great moment as this , or rather greater , for that oftentimes these considerations had been preferred before Nearness of Blood , as hath been declared . I do not know ( quoth he ) who of the Pretenders may next obtain the Garland , whatsoever his Right by Propinquity be , so he have someright ( as I think all have that do pretend ) and therefore I mean not to stand upon the justification or impugning of any one Title , but rather to leave all to God and to them , that must one day try and judge the same in England , to whom I suppose this Speech of mine cannot be but grateful and commodious , for the better understanding and discerning of those matters , whereof of necessity , ere it be long , they must be Judges and Vmpires , when God shall appoint , and consequently for them to be ignorant or unacquainted with the same , ( as men say that commonly most in England at this day cannot be but very inconvenient and dangerous . In this manner he spake , and after this he began his discourse , setting down first of all the sundry Books and Treatises , which he understood had been made or written hitherto of this Affair . CHAP. I. Of the divers Books and Treatises that have been written heretofore about the Titles of such as pretend to the Crown of England , aed what they do contain in favour or disfavour of sundry Pretenders . ACcording to the Variety of mens Judgments and Affections of man in this behalf , so said the Lawyer , that divers had written diversly in sundry Books and Treatises that had come to light , and went among men from hand to hand , though all were not printed . And First of all he said , that not long after her Majesties coming to the Crown , there appeared a certain Book written in the favour of the house of Suffolk , and especially of the Children of the Earl of Hartford by the Lady Catharin Gray , which Book offended highly the Queen and Nobles of England , and was afterwards found to be written by one Hales sirnamed the Club foot , who was Clerk of the Hamper , and Sir Nicolas Bacon , then Lord Keeper , was presumed also to have had a principal part in the same , for which he was like to have lost his Office , if Sir Antony Brown , that had been Chief Judge of the Common Pleas in Queen Maries time would have accepted thereof , when her Majesty offered the same unto him , and my Lord of Leicester earnestly exhorted him to take it , but he refused it for that he was of a different Religion from the State , and so Sir Nicolas Bacon remained with the same at the great instance of Sir William Cecill now Lord Treasurer , who , though he were to be privy also to the said Book , yet was the matter so wisely laid upon Hales and Bacon , and Sir William was kept free , thereby to have the more Authority and Grace to procure the others pardon , as he did . The bent and butt of this Book , was , ( as I have said ) to prefer the Title of the Lady Catharine Gray Daughter of the Lady Frances Dutchess of Suffolk , which Frances was Daughter to Mary the younger Daughter to King Henry VII . before the Title of the Queen of Scots then living , and of her Son , which were descended of Lady Margaret eldest Daughter of the said King Henry , And the reasons which this Book did alledge for the same were principally two : The First , that the Laws of England did not admit any stranger or alien to inherit in England , to wit , any such as were born out of the Allegiance of our Realm , ( for so are the words of the Law , ) and for that the Queen of Scots and her Son are known to be so born , therefore they could not succeed , and consequently that the house of Suffolk descended of the second Daughter , must enter in their place . The second Reason is , for that there is given Authority to King Henry VIII . by two several Acts of Parliament in the 28. and 36. Year of his Reign to dispose of the Succession by his last Will and Testament , as he should think best , among those of his Kindred that did pretend after his Children , a●● that the said King according to his Commission did ordain , that , if his own Children did dye without issue , then the Off-spring of his younger Sister Mary , that were born in England , should be preferred before the Issue of the elder that was Margaret married into Scotland , and this was the effect of this first Book . Against this Book were written two other soon after , the First by one Morgan a Divine , ( if I remember well , ) sometimes Fellow of Oriel Colledge in Oxford , a man of good account for Learning , among those that knew him , and he was thought to have written the said Book by the advice and assistance of the foresaid Judge Brown , which thing is made the more credible by the many Authorities of our Common Law , which therein are alledged , and the parts of this Book , ( if I forget not , ) were three , or rather they were three Books of one Treatise , the first whereof did take upon it to clear the said Queen of Scots for the Murther of the Lord Darly her Husband , which by many was laid against her . And the second did handle her Title to the Crown of England : and the third did answer the Book of John Knox the Scot , entituled Against the Monstrous Government of Women . Of all which three Points , for that the second , that concerneth the Title , is that , which properly appertaineth to our purpose , and for that the same is handled again and more largely in the second Book set out not long after by John Lesley Lord Bishop of Ross in Scotland , who at that time was Embassadour for the said Queen of Scots in England , and handled the same matter more abundantly which M. Morgan had done before him ▪ I shall say no more of this Book of M. Morgan , but shall pass over to that of the Bishop , which in this Point of Succession containeth also whatsoever the other hath , so as by declaring the Contents of the one we shall come to see what is the other . The Intent then of this Book of the Bishop of Ross , is , to refute the other book of Hales and Bacon , and that especially in the two Points before mentioned , which they alledged for their Principles , to wit , about Foreign Birth , and King Henry's Testament : And against the first of these two Points the Bishop alledgeth many Proofs that there is no such Maxim in the common Laws of England to disinherit a Prince , born out of the Land , from his or her Right of Succession , that they have by Blood. And this first , for that the Statute , made for barring of Aliens to inherit in England , ( which was in the 25. Year of the Reign of King Edward III. ) is only to be understood of particular mens inheritance , and no ways to be extended to the Succession of the Crown , as by comparison of many other like Cases is declared : And secondly , for that there is express exception in the same Statute of the Kings Children and Off-spring : And thirdly , for that the practice hath always been contrary both before and after the Conquest , to wit , that divers Princes born out of the Realm have succeeded . The other Principle also concerning King Henry's Testament , the Bishop impugneth first by divers Reasons and Incongruities , whereby it may be presumed that King Henry never made any such Testament , and if he did , yet could it not hold in Law. And secondly also by Witness of the Lord Paget that was of the Privy Council in those days , and of Sir Edward Montague Lord Chief Justice , and of one William Clark that set the Kings Stamp to the Writing ; all which avowed before the Council and Parliament in Queen Maries time , that the said Testament was signed after the King was past sense and memory . And finally the said Bishop concludeth that the Line of Scotland is the next every way , both in respect of the House of Lancaster , and also of York , for that they are next Heirs to King Henry VIII . who by his Father was Heir to the House of York . But after these three Books , was written a fourth , by one Robert Highinton Secretary in time past to the Earl of Northumberland , a man well read in Stories , and especially of our Countrey , who is said to be dead some years past in Paris . This man impugneth all the three former Books in divers principal Points , and draweth the Crown from both their Pretenders , I mean as well-from the House of Scotland , as from that of Suffolk , and first against the Book of Hales and Sir Nicholas Bacon , written ( as hath been said ) in favour of the House of Suffolk , Highington holdeth with the Bishop and Morgan that these two Principles laid by the other , of Foreign Birth , and of King Henry's Testament against the Scotish Line , are of no Validity , as neither their reasons for legitimating of the Earl of Hartfords Children , which afterwards shall be handled . And secondly , he is against both Morgan and the Bishop of Ross also in divers important Points , and in the very Principal of all , for that this man , ( I mean Highinton , ) maketh the King of Spain to be the next and most rightful Pretender by the House of Lancaster : for proof whereof he holdeth first that King Henry VII . had no Title indeed to the Crown by Lancaster , but only by the House of York , that is to say , by his Marriage of Queen Elizabeth elder Daughter to King Edward IV ▪ For that albeit himself were descended by his Mother from John of Gaunt Duke of Lancaster , yet this was but by his Third Wife Catharin Swinford , and that the true Heirs of Blanch his first Wife Dutchess and Heir of Lancaster , ( to whom , saith he , appertained only the Succession after the death of King Henry the VI. and his Son , with whom ended the Line Male of that House . ) remained only in Portugal by the Marriage of Lady Philip , Daughter of the foresaid Blanch , to King John the I. of Portugal , and that for as much as King Philip of Spain , saith this man , hath now succeeded to all the Right of the Kings of Portugal , to him appertaineth also the onely Right of Succession of the House of Lancaster , and that all the other Descendents of King Henry VII . are to pretend only by the Title of York , I mean as well the Line of Scotland as also of Suffolk and Huntington , for that in the House of Lancaster King Philip is evidently before them all . Thus holdeth Highington , alledging divers Stories , Arguments and Probabilities for the same , and then adjoineth two other Propositions , which do import most of all , to wit , that the Title of the House of Lancaster was far better than that of York , not for that Edmond Crookback first Founder of the House of Lancaster , who was Son to King Henry the III. and Brother to King Edward the I. was eldest son to the said Edward & injuriously put back for his deformity in Body , as both the said Bishop of Ross and George Lylly do falsly hold , and this man refuteth by many good Arguments , but for that John of Gaunt Duke of Lancaster being the eldest Son that King Edward the III. had alive when he dyed , should in Right have succeeded in the Crown , as this man holdeth , and should have been preferred before Richard the II. that was the black Princes Son , who was a degree further off from King Edward the III. his Grandfather , than was John of Gaunt , to whom King Edward was Father : and by this occasion this man cometh to discuss at large the opinions of the Lawyers , whether the Uncle or the Nephew should be preferred in the Succession of a Crown , to wit , whether the younger Brother or the elder Brothers son , if his Father be dead without being seased of the same , ( which is a Point that in the Civil Law hath great Disputation and many great Authors on each side , as this man sheweth , ) and the matter also wanteth not examples on both parts in the Succession of divers English Kings , as our Friend the Civil Lawyer did signify also in his discourse , and we may chance to have occasion to handle the same again , and more largely hereafter . These Points toucheth Highington , though divers other he leave untouched , which are of much importance for the resolution , as whether after the Line extinguished of King Henry the IV. which was the eldest son of John of Gaunt , there should have entred the Line of Lady Philippa the eldest Daughter lawfully begotten of Blanch first Wife of John of Gaunt , or else the race of John Earl of Somerset younger son by his third Wife , which then was base-born , but legitimated by Parliament , for of Philip do come the Kings of Portugal , and of John came King Henry the VII . And again these Points had been to be disputed as well touching the Succession to the Dukedom of Lancaster alone , as also to the Crown jointly , all which Articles shall severally afterwards be handled in their places . And thus much of this Book . More than these four Books I have not seen written of this Affair , though I have heard of one made in Flanders in the behalf of the Duke of Parma , that is now , who by his Mother descendeth of the same Line of Portugal , that the King of Spain doth , and as this Book pretendeth , ( if we respect the ordinary course of English Laws in particular mens Inheritances ) he is to be preferred before the said King , or any other of the House of Portugal for that his Mother descended of the younger Son , and the King of the elder Daughter , of the King of Portugal : and albeit according to the Law of Portugal the King Was adjudged Next Heir to that Crown , yet say they , by our Laws of England he cannot be , which after must be examined . Thus saith that Book , and he alledgeth many Reasons for the same , as it hath been told me , ( for as I said , I never came to have a view of the whole Book , ) but divers of his Arguments I have seen laid together , which I shall afterwards in place convenient alledge unto you , with the Answers , Censures and Replies , that the contrary Parties do make thereunto . Divers other Papers , Nots and Memories I have seen also , ( said he , as well touching the Succession of those whom I have named , as of others , for that Sir Richard Shelly , who dyed some years ago in Venice , by the name of Lord Prior of S. Johns of England , had gathered divers Points touching these Affairs : and many more than he had Mr. Francis Peto that dyed in Millain , and was a very curious and well read man in Genealogies , as may appear by sundry Papers that I have seen of his . There want not also divers in England who have traveled much in this business , and I have had the the perusing of some of their Labours , though I dare not discover their names , lest thereby I should hurt them , which were not convenient . But one great Trouble find I in them all , that every man seeketh to draw ▪ the whole Water unto his own Mill ▪ and to make that Title always most clear , whom he most favoureth , and this with so great probability of Reason and Authority many times , as it is hard to retain a mans consent from that which is said , until he have read the Reasons of the other Party , and this also is a great Proof of the wonderful ambiguity and doubtfulness which in this most important Affair is to be found . And by the way also I had almost forgotten to tell you , how that of late I have lighted upon a certain new Discourse and Treatise , made in the behalf of the King of Spain's eldest Daughter , whom he had by his Wife Isabel the eldest Sister of the last King of France , which Isabel and her Daughter the Infanta of Spain , called also Isabel , are presumed to be the Lawful Heirs to the State of Britany , and to all other States that by that means of Britany or otherwise by Women have come to France , or have or may fall upon a Woman of the House of France , as the States of England and other States thereunto annexed may , for that they follow not the Law Salique of France . And so this Treatise proveth that by divers ways and for sundry considerations , this Princess of Spain is also of the Blood Royal of England , and may among others be entituled to that Crown , by a particular Title of her own , besides the pretence which her Father the King or her Brother the Prince of Spain have for themselves , by the House of Portugal : all which Reasons and Considerations I shall alledge afterwards in their place and time , or at least wise the chief and principal of them . And to the end they may be understood the better , as also the clearness and pretentions of all the rest that have interest in this Affair , I shall first of all , for a beginning and foundation to all the rest , that shall or may be spoken hereafter , set down by way of historical narration , all the descents of our English Kings and Pretenders that be important to this our Purpose , from the Conquest unto our time , which being compared with the Tree it self of Genealogies that shall be added in the end of this Conference , will make the matter more plain and pleasant to the Reader . CHAP. II. Of the Succession of the Crown of England , from the Conquest , unto the time of King Edward the III. with the beginning of three principal Lineages of the English Bloud-Royal , dispersed into the Houses of Britain , Lancaster , and York . NO man is ignorant said the Lawyer , how William the Conqueror came to the Crown of England , which was indeed by dint of Sword , though he pretended that he was chosen by the will and testament of King Edward the Confessor . But howsoever this were , his posterity hath endured untill this day , and two and twenty Princes of his race have worn the English Crown after him , for the space of more then five hundred years ; and how many more may yet do the same , God only knoweth : but if we follow probabillity , we cannot want of them , seeing his bloud is so dispersed over the World at this day , as by this Declaration ensueing will appear . This King William according to Polidor and other Chronicles of England , had by his Wife Mathilda , Daughter of Baldwin , Earl of Flanders , four Sons , and five Daughters ; his eldest Son was Robert , whom he left Duke of Normandy , who was afterwards deprived of that Dukedom , by his younger and fourth Brother Henry , when he came to be King of England . His second Son was Richard that dyed in his youth ; his third Son was William , surnamed Rufus , for that he was of red Hair ; and the fourth Son was Henry , which two last Sons , were both Kings of England one after the other , as the World knoweth , by the names of William the second , and Henry the first . The Conquerours Daughters were first Cecilie that was a Nun , and the second Constantia that was Married to Alayn , surnamed Fergant Duke of Britanie , and the third was Adela or Alis , Married to Stephen , County Palatine of Bloys , Champagne , and Chartres in France , and the other two Polidor said , dyed before they were Married , and so their names were not Recorded . These are the Children of King William the Conqueror , among whom after his death there was much strife about the Succession . For first his eldest Son Duke Robert , who by order of Ancestrie by birth should have succeeded him in all his Estates , was put back , first from the Kingdom of England , by his third Brother William Rufus , upon a pretence of the Conquerors Will and Testament , for particular affection that he had to this his said third Son William , though as Stow Writeth , almost all the Nobility of England were against William's entrance . But in the end , agreement was made between the two Brothers , with the condition , that if William should dye without Issue , then that Robert should succeed him ; and to this accord , both the Princes themselves , and twelve principal Peers of each side were Sworn ; but yet after when William dyed without Issue , this was not observed , but Henry the fourth Son entred , and deprived Robert , not only of this his Succession to England , but also of his Dukedom of Normandy , that he had enjoyed peaceably before , all the time of his Brother Rufus ; and moreover he took him Prisoner , and so carried him into England , and there kept him till his death , which happened in the Castle of Cardif in the year 1134. And whereas this Duke Robert had a goodly Prince to this Son named William , who was Duke of Normandy by his Father , and Earl of Flanders in the right of his grand Mother , that was the Conquerors Wife , and Daughter of Baldwin Earl of Flanders as hath been said , and was established in both these States , by the help of Lewis the VI. surnamed Le Gros King of France , and admitted to do homage to him for the said States ; his Uncle King Henry of England was so violent against him , as first he drove him out of the state of Normandy , and secondly he set up and maintained a Competitor or two against him in Flanders , by whom finally he was slaine in the year of Christ 1128. before the Town of Alost , by an Arrow , after he had gotten the upper hand in the Field ; and so ended the race of the first Son of King William the Conquerour , to wit , o● Duke Robert , which Robert lived after the Death of his said Son and Heir Duke William ; Six years in Prison in the Castle of Cardiff , and pined away with sorrow and misery , as both the French and English Histories do agree . The second Son of the Conqueror named Richard , dyed as before hath been said , in his Fathers time , and left no Issue at all , as did neither the third Son William Rufus , though he Reigned 13. years after his Father the Conqueror ; in which time he established the Succession of the Crown by consent of the States of England , to his elder Brother Duke Roberts issue , as hath been said , though afterwards it was not observed . This King Rufus came to the Crown principally by the help and favour of Lanfrancus Archbishop of Canterbury , who greatly repented himself afterward of the error which in that point he had committed , upon hopes of his good Government which proved extream evil . But this King William Rufus , being slayn afterward by the Arrow of a Cross-bow , in Newforrest as is well known , and this at such time ; as the foresaid Duke Robert his elder Brother , ( to whom the Crown by Succession apperteined ) was absent in the War of the Holy Land , where ( according as most Authors do Write ) he was chosen King of Hierusalem , but refused it upon hope of the Kingdom of England . But he returning home , found that his fourth Brother Henry , partly by fair promises , and partly by force , had invaded the Crown , in the year 1110. and so he Reigned 35. years , and had Issue divers Sons and Daughters , but all were either drounded in the Seas coming out of Normandy , or else dyed otherwise before their Father , except only Mathildis who was first Married to Henry the Emperour , fifth of that name ; and after his death without Issue , to Geffrey Plantagenet Duke of Anjow , Touraine , and Maine in France , by whom she had Henry which Reigned after King Stephen , by the name of Henry the II. And thus much of the Sons of William the Conqueror . Of his two Daughters that lived to be Married and had Issue , the elder named Constance , was Married to Alayn Fergant Duke of Britain , who was Son to Hoel Earl of Nants , and was made Duke of Britain by William the Conquerors means ▪ in manner Following . Duke Robert of Normanyd , Father to the Conqueror , when he went on Pilgrimage unto the Holy Land , ( in which Voyage he dyed , ) left for Governour of Normandy , under the protection of King Henry the first of France , Duke Alayne the first of Britain , which Allayn had Issue Conan the first ▪ who being a stirring Prince of about 24. years old when Duke William began to treat of passing over into England ; he shewed himself not to favour much that enterprise , which Duke William fearing , caused him to be Poysoned with a pair of perfumed Gloves , as the French stories do report ; and caused to be set up in his place and made Duke , one Hoel Earl of Nantes , who to gratifie William sent his Son Alaine surnamed Ferga●t with 5000. Souldiers to pass over into England with him ; and so he did , and William afterward in recompence thereof , gave him his eldest Daughter Constantia in Marriage ; with the Earldom o● Richmond ▪ by whom he had Issue Conan , the second , surnamed le Gross , who had Issue a Son and a Daughter . The Son was called Hoel , as his Grand-Father was , and the Daughters name was Bertha , Married to Eudo Earl of Porhet in Normandy ; and for that this Duke Conan , liked better his Daughter and his Son in-law , her Husband , then he did Hoel his own Son ; he disavowed him on his Death Bead , and made his said Daughter his Heir : who had by the said Eudo , a Son named Conan surnamed the younger , which was the third Duke of that name ; and this man had one only Daughter and Heir named Lady Constance , who was Married to the third Son of King Henry the second named Geffrey , and elder Brother to King John , that after came to Reign , and by this Lord Geffrey she had Issue Arthur the second Duke of Britain , whom King John his Uncle put back from the Crown of England , and caused to be put to death , as after shall be shewed ; and he dying without Issue , his Mother Constance , Dutchess and Heir of Britain , Married again with a Prince of her own House , whom after we shall name in the prosecution of this Line , and by him she had Issue that hath endured until this day ; the last whereof hitherto is the Lady Isabella infant of Spain , and that other of Savoy her Sister , whom by this means we see to have descended from King William the Conqueror , by his eldest Daughter Lady Constance ; as also by divers other participations of the Bloud-Royal of England , as afterwards will appear . Now then to come to the second Daughter of King William the Conquerour , or rather the third ( for that the first of all was a Nun as before hath been noted , ) her name was Adela or Alice as hath been said , and she was Married in France to Stephen Count Palatine of Champagne , Charters and Bloys , by whom she had a Son called also Stephen , who by his Grand Mother was Earl also of Bullaine in Picardy , and after the death of his Uncle King Henry of England , was by the favour of the English Nobility , and especially by the help of his own Brother the Lord Henry of Bl●is , that was Bishop of Winchester , and Jointly Abbot of Glastenbury , made King of England , and this both in respect that Mathilda Daughter of King Henry the first was a Woman , and her Son Henry Duke of Anjou , a very child , and one degree farther off from the Conqueror and from King Rufus then Stephen was ; as also for that this King Henry the first ( as hath been signified before , ) was judged by many to have entred wrongfully unto the Crown , and thereby to have made both himself and his posterity , incapable of Succession , by the violence which he used against both his elder Brother Robert , and his Nephew Duke William , that was Son and Heir to Robert , who by nature and Law were both of them hold for Soverains to John , by those that favoured them and their pretentions . But yet howsoever this were , we see that the Duke of Britainy , that lived at that day , should evidently have succeeded before Stephen , for that he was descended of the elder Daughter , of the Conqueror , and Stephen of the younger , though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England , as the French stories do say , ( for Calis was of no importance at that time , ) and by the friendship and familiarity he had goten in England , during the Reign of his two Uncles King Rufus and King Herny ; and especially by the he●p of his Brother the Bishop and Abbot , as hath been said , he got the start of all the rest , and the states of England admitted him . This man although he had two Sons , namely E●stachius Duke of Normandy , and William Earl of Norfolk , yet left they no Issue : And his Daughter Mary was Married to Matthew of Flanders , of whom if any Issue remains , it fell afterwards upon the House of Austria , that succeeded in those States . To King Stephen who left no Issue , succeeded by composition after much War , Henry Duke of Anjou , Son and Heir to Mathilda before named , Daughter of Henry the first , which Henry named afterward the second , took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain , and Earl of Poytiers , which Eleanor had been Married before to the King of France Lewis the VII . and bare him two Daughters ; but upon dislike conceaved by the one against the other ; they were Divorced , under pretence of being within the fourth degree of Consanguinity ; and so by second Marriage , Eleanor was Wife to this said Henry , who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet , Archbishop of Canterbury , and both before and after the greatest Enemy , that ever Lewis the King of France had in the World , and much the greater for his Marriage , by which Henry was made far stronger ; for by this Woman he came to be Duke of all Aquitain , that is of Gascony and Guiene , and Earl of all the Country of Poytiers ; whereas before also by his Fathers inheritance , he was Duke both of Anjou , Touraine , and Maine , and his Mother Mathilda King Henries Daughter of England , he came to be King of Enland , and Duke of Normandy , and his own industry , he got also to be Lord of Ireland , as also to bring Scotland under his homage , so as he enlarged the Kingdom of England most of any other King before or after him . This King Henry the II. as Stow recounteth , had by Lady Eleanor five Sons and three Daughters . His eldest Son was named William that dyed young , his second was Henry whom he caused to be crowned in his own Life time , whereby he received much trouble , but in the end this Son dyed before his Father , without issue . His third Son was Richard , sirnamed for his valour Cor de Leon , who reigned after his Father , by the name of Richard the I. and dyed without issue , in the Year of Christ 1199. His fourth Son , named Geffrey , married Lady Constance Daughter and Heir of Britany as before hath been said , and dying left a son by her , named Arthur , which was Duke of Britany after him , and pretended also to be King of England , but was put by it by his Uncle John , that took him also Prisoner , and kept him also in the Castle first of Fallaise in Normandy , and then in Rouan , until he caused him to be put to death , or slew him with his own hands , as French Stories write , in the Year 1204 This Duke Arthur left behind him two Sisters , as Stow writeth in his Chronicles , but others write that it was but one , and at least wise I find but one named by the French Stories , which was Eleanor , whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy , and this was the end of the Issue of Geffrey , whose Wife Constance Dutchess of of Britany married again after this Murther of her Children , unto one Guy Vicount of Touars , and had by him two daughters , whereof the eldest named Alice was Dutchess of Britany , by whom the Race hath been continued unto our time ▪ The Fifth Son of King Henry the II. was named John , who after the death of his Brother Richard by help of his Mother Eleanor , and of Hubert Archbishop of Canterbury , drawn thereunto by his said Mother , got to be King , and put back his Nephew Arthur , whom King Richard before his departure to the War of the Holy Land , had caused to be declared Heir apparent , but John prevailed , and made away both Nephew and Neece , as before hath been said , for which Fact he was detested of many in the World abroad , and in France by Act of Parliament deprived of all the States he had in those parts . Soon after also the Pope gave sentence of Deprivation against him , and his own Barons took Arms to execute the sentence ; and finally they deposed both him and his young Son Henry being then but a Child of eight years old , and this in the eighteenth year of his Reign , and in the Year of Christ 1215. and Lewis the VIII . of that name Prince at that time , but afterwards King of France , was chosen King of England , and sworn in London and placed in the Tower , though soon after by the sudden death of King John , that course was altered again , and Henry his Son admitted for King. And thus much of the Sons of King Henry II. But of his Daughters by the same Lady Eleanor Heir of Gascony , Belforest in his Story of France hath these words following : King Henry had four Daughters by Eleanor of Aquitain the eldest whereof was married to Alonso the IX . of that name , King of Castile , of which Marriage issued Queen Blanch Mother to S. Lewis King of France The second of these two Daughters was espoused to Alexis Emperour of Constantinople . The third was married to the Duke of Saxony , and the fourth was given to the Earl of Tholosa . Thus being the French Stories of these Daughters . Of the marriage of the eldest Daughter of these four , ( whose name was Eleanor also , as her Mothers was ) with King Alonso the IX . of Castile , there succeeded many Children , but only one son that lived , whose name was Henry , who was King of Castile after his Father , by the name of Henry the I ▪ and ●ied quickly without Issue : and besides this Henry two Daughters also were born of the same marriage , of which the eldest and Heir ( named Blanch was married by intercession of her Uncle King John of England , with the foresaid Prince Lewis of France ; with this express condition , as both Polydor in his English Story , and Garibay the Chronicler of Spain do affirm , that she should have for her Dowry all the States that King John had lost in France , which were almost all that he had there : and this to the end , he might not seem to have lost them by force , but to have given them with the marriage of his Neece : and so this marriage was made , and her Husband Lewis was afterward chosen also King of England by the Barons , and sworn in London , as before hath been said . And hereby also the Infanta of Spain before mentioned , that is descended lineally from both these Princes , ( I mean as well from Queen Blanch , as from Lewis ) is proved to have her pretence fortified to the Interest of England , as afterwards shall be declared more at large in due place . The second Daughter of King Alonso the IX . by Queen Eleanor , was named Berenguela , and was married to the Prince of Leon in Spain , and had by him a Son named Fernando , who afterwards when King Henry her Brother was dead , was admitted by the Castilians for their King , by the name of Fernando the IV. as before the Civilian hath noted ; and Blanch with her Son S. Lewis , though she were the elder was put by the Crown , against all right of Succession , as Garibay the Spanish Chronicler noteth and confesseth . Hereby then some do gather , that as the first Interest which the Crown of England had to the States of Gascony , Guyenne and Poyters came by a woman : so also did it come to France by the right of this foresaid Blanch , whereof the favourers of the Infanta of Spain do say , that she being now first and next in bloud of that House , ought to inherit all these and such like States , as are inheritable by women , or came by women , as the former States of Gascony and Guyenne did to King Henry the II by Queen Eleanor his wife , and Normandy by Mathilda his mother , and both of them to France by this former interest of Blanch. And more they say , that this Lady Blanch , mother to King S. Lewis , whose Heir at this day the Infanta of Spain is , should by right have inherited the Kingdom of England also , after the murther of Duke Arthur and his Sister Eleanor , for that she was the next of ●in unto them , at that time , which could be capable to succeed them ; for that King John himself was uncapable of their succession whom he had murthered , and his Son Henry was not then born , nor in divers years after ; and if he had been , yet could he receive no Interest thereunto by his Father who had none himself : of all which points there will be more particular occasion to speak hereafter . Now then I come to speak of King Henry the third , who was Son to this King John , and from whom all the three Houses before mentioned of Britany , Lancaster and York , do seem to issue , as a triple branch out of one Tree ; albeit the Royal Line of Britany is more ancient , and was divided before even from William the Conquerors time , as hath been shewed , yet do they knit again in this King Henry , for that of King Henry the third his eldest Son , named Prince Edward the first , descended Edward the second , and of him Edward the third , from whom properly riseth the House of York . And of his second Son Edmond , surnamed Crookback , County Palatine of Lancaster , issued the Dukes of Lancaster , until in the third descent , when the Lady Blanch Heir of that House , matched with John of Gaunt , third Son of King Edward the third , from which marriage rose afterward the formal division of these two Houses of Lancaster and York , and also two distinct branches of Lancaster . Besides these two Sons , King Henry the third had a Daughter named Lady Beatrix , whom he married to John the second of that name , Duke of Britany , who after was slain at Lions in France , by the fall of an old Wall , at the Coronation of Pope Clement the 5th . of that name , in the year of Christ 1298. and for that the Friends of the Infanta of Spain , do seek to strengthen her Title by this her descent also of the Royal bloud of England , from Henry the third , as afterward shall be declared . I will briefly in this place continue the Pedegree of the House of Britany from that I left before ▪ even to our days . I shewed before in this Chapter , that Geoffry the third Son to King Henry the second , and Duke of Britany by his wife , being dead , and his two Children Arthur and Eleanor put to death by their Uncle King John in England , as before hath been said , it fell out that Constance Dutchess and Heir of Britany , married again to Guy Viscount of Tours , and had by him two Daughters , whereof the eldest named Alice was Dutchess of Britany , and married to Peter Brien Earl of Drusse , and by him had John the first of that name , Duke of Britany , which John the first had issue John the second , who married Lady Beatrix before-mentioned , Daughter to King Henry the third , and by her had the second Arthur Duke of Britany , to whom succeeded his eldest Son by his first Wife , named John the third , who dying without Issue , left the very same trouble and garboil in Britany about the succession between the two noble Houses of Blois and Monford , the one maintained by France , and the other by England ; as soon after upon the very like occasion happen'd in England , between the Houses of Lancaster and York , as after shall be shewed . And not long after that again , the like affliction also ensued in France , ( though not for succession , but upon other occasions ) between the great and Royal Houses of Burgundy and Orleans , whereby all three Commonwealths ( I mean England , Britany and France ) were like to have come to destruction and utter desolation . And for that it may serve much to our purpose hereafter , to understand well this controversie of Britany , I think it not amiss in few words to declare the same in this place : Thus then it happened . The foresaid Arthur the second of that name , Duke of Britanie , and Son of Lady Beatrix , that was Daughter ( as hath been said ) to King Henry the III. of England , had two Wives , the first named Beatrix as his Mother was , and by this he had two Sons , John that succeeded him in the State , by the name of Duke John the III. and Guye that dying before his elder Brother left a Daughter and Heir , named Joan , and surnamed the lame , for that she halted , who was married to the Earl of Bloys , that was Nephew to Phillip of Valois King of France , for that he was born of his Sister . But besides the two Children , the said Duke Arthur had by his second Wife , named Joland Countess and Heir of the Earldom of Monford , another Son called John Breno , who in the right of his Mother was Earl of Monford . And afterward when Duke John the III. came to die without Issue , the question was , who should succeed him in his Dukedom , the Uncle or the Neece , that is to say , his third Brother John Breno by half bloud , or else his Neece Joan the lame , that was Daughter and Heir to his second Brother Guye of whole bloud , that is , by Father and Mother , which Lady Joan was married to the Earl of Bloys as hath been said . And first , this matter was handled in the Parliament of Paris , the King himself sitting in Judgment with all his Peers , the 30 day of September 1341 and adjudged it to the Earl of Bloys , both for that his Wife was Heir to the elder Brother , as also for that Duke John by his Testiment and consent of the States , had appointed her to be his Heir , but yet King Edward the III. and States of England did Judge it otherwise , and preferred John Monford , not knowing that the very case was to fall out very soon after in England , I mean , they Judged the State to John Breno Earl of Monford , younger Brother to Guy , and they assisted him ▪ and his Son after him , with all their Forces for the gaining and holding of that State. And albeit at the beginning , it seemed that matters went against Monford , for that himself was taken prisoner in Nantes , and carried captive to Paris where he died in prison , yet his Son John by the assistance of the English Armies got the Dukedome afterward , and slew the Earl of Bloys , and was peaceably Duke of Britanie by the name of John the IV. and his posterity hath endured until this day , as briefly here I will declare . This Duke John the IV. of the House of Monford had Issue John the V. and he , Francis the first , who dying without Issue , left the Dukedom to Peter his Brother , and Peter having no Children neither , he left it to his Uncle Arthur the III Brother to his Father John the V. and this Arthur was Earl of Richmond in England , as some of his ancestors had been before him , by gifts of the Kings of England . This Arthur dying without Issue , left the Dukedom unto his Nephew , to wit , his Brothers Son Francis the II. who was the last male Child of that race , and was he that had once determined , to have delivered Henry Earl of Richmond , unto his enemy King Edward the IV. and after him to King Richard the III. but that Henry's good fortune reserved him to come to be King of England . This Duke Francis had a Daughter and Heir named Anna , married first to Charles the VIII King of France , and after his death without Issue , to his Successor Lewis the XII . by whom she had a Daughter named Claudia , that was Heir to Britanie , though not to the Crown of France , by reason of the Law Salique , that holdeth against women in the Kingdom of France , but not in Britany ; and to the end this Dukdome should not be disunited again from the said Crown of France , this Daughter Claudia was married to Francis Duke of Angolome , Heir apparent to the Crown of France , by whom she had Issue Henry , that was afterward King of France , and was Father to the last King of that Country , and to Isabel Mother of the Infanta of Spain , and of her Sister the Dutchess of Savoy that now is , by which also some do affirm that the said Princess or Infanta of Spain , albeit she be barred from the Succession of France , by their pretended Law Salique : yet is her title manifest to the Dukdome of Britanie , that came by a woman as we have shewed ; and thus much of the House of Britany , and of the Princess of Spain , how she is of the Bloud Royal of England , from the time of William the Conqueror himself , by his eldest Daughter , as also by other Kings after him : and now we shall return to prosecute the Issue of these two Sons of King Henry the III. to wit , of Edward and Edmond , which before we left I shewed you before how King Henry the III. had two Sons , Edward the Prince , that was King after his Father , by the name of Edward the first , and Edmond surnamed Crouchback by some Writers , who was the first Earl and County Palatine of Lancaster , and beginner of that House . And albeit some Writers of our time have affirmed , or at least wise much inclined to favour a certain old report , that Edmond should be the Elder Brother to Edward , and put back only for his deformity of his body , ( whereof Polidor doth speak in the beginning of the Reign of King Henry the IV. and as well the Bishop of Ross as also George Lilly do seem to believe it ) yet evident it seemeth that it was but a fable , as before I have noted , and now again shall briefly prove it by these reasons following , for that it importeth very much for deciding the controversie between the Houses of Lancaster and York . The first reason then is , for that all Ancient Historiographers of England , and among them Mattheus Westmonasteriensis that lived at the same time , do affirm the contrary , and do make Edward to be elder then Edmond by six years and two days , for that they appoint the Birth of Prince Edward to have been upon the 16. day of June in the year of Christ 1239 , and the 24. of the Reign of his Father King Henry , and the Birth of Lord Edmond to have followed upon the 18. day of the same month 6 years after , to wit , in the year of our Lord 1245 and they do name the Godfathers and Godmothers of them both together , with the peculiar solemnities and feasts , that were celebrated at their several Nativities , so as it seemeth there can be no error in this matter . The 2d . reason is , for that we read that this Lord Edmond was a goodly , wise , discreet Prince , notwithstanding that some Authors call him Crouchback , and that he was highly in the favour both of his Father King Henry , as also of his Brother King Edward , and imployed by them in many great Wars , and other affairs of State , both in France and other where , which argueth that there was no such great defect in him as should move his Father and the Realm to deprive him of his Succession . Thirdly we read that King Henry procured by divers ways and means the advancement of this Lord Edmond , as giving him the Earldoms of Leicester and Darby , besides that of Lancaster , as also procuring by all means possible and with exceeding great charges to have made him King of Naples and Sicilie by Pope Innocentius , which had been no policy to have done , if he had been put back from his Inheritance in England , for that it had been to have Armed him against his Brother the King Fourthly , we see that at the death of his Father King Henry the III. this Lord Edmond was principally left in charge with the Realm , his elder Brother Prince Edward being scarsly returned from the War of Asia , at what time , he had good occasion to challenge his own right to the Crown , if he had had any , seeing he wanted no power thereunto , having three goodly Sons at that time alive , born of his Wife Queen Blanch Daugher of Navarre and County of Champain , to whom she had born only one Daughter , that was married to Philip le Bel King of France . But we shall never read that either he , or any of his Children , made any such claim , but that they lived in very good agreement and high grace with King Edward the first , as his Children did also with King Edward the II. until he began to be mis-led in Government , and then the two Sons of this Lord Edmond ( I mean both Thomas and Henry , that Successively were Earls of Lancaster ) made War upon the said Edward the II. and were the principal Actors in his deposition , and in setting up of his Son Edward the III. in his place , a● what time it is evident that they might have put in also for themselves , if their title had been such as this report maketh it . A fifth reason is ▪ for that if this had been so , that Edmond Earl of Lancaster , had been the elder Brother , then had the controversie between the two Houses of York and Lancaster , been most clear and without all doubt at all , for then had the House of York had no pretence of right in the World ; and then were it evident , that the Heirs general of Blanch Dutchess of Lancaster , Wife of John of Gaunt , to wit , the descendents of Lady Philip her Daughter , that was married into Portugal ; these I say , and none other , were apparent and true Heirs to the Crown of England at this day , and all the other of the House of York usurpers , as well King Henry the VII . as all his posterity and off-spring , for that none of them have descended of the said Blanch , as is manifest . And therefore lastly , the matter standeth ( no doubt ) as Polidor holding in the latter end of the life of King Henry the III. where having mentioned these two Sons Edward and Edmond , he addeth these words . There wanted not certain men long time after this , that affirmed this Edmond to be the elder Son to King Henry the III. and to have been deprived of his Inheritance , for that he was deformed in body ; but these things were feigned , to the end that King Henry the IV. that came by his Mothers side of this Edmond , might seem to have come to the Kingdom by right , whereas indeed he got it by force . Thus saith Polidor in this place , but afterward in the beginning of the life of the said King Henry the IV. he saith , that some would have had King Henry to have pretended this Title among other reasons , but that the most part accounting it but a meer fable , it was omitted . Now then it being clear , that of these two Sons of King Henry the III. Prince Edward was the Elder and Lawful Heir , it remaineth only that we set down their several descents unto the times of King Edward the III. and his Children , in whose days the dissention and controversie between these Royal Houses of York and Lancaster , began to break forth ▪ And for the Issue of Edward that was King after his Father , by the name of King Edward the first , it is evident , that albeit by two several Wives he had a dozen Children , male and female , yet only his fourth Son by his first Wife , called also Edward , ( who was King after him by the name of King Edward the II ▪ ) left Issue that remained , which Edward the II being afterward for his evil Government deposed , left Issue Edward the III. who was made King by election of the people in his place ; and after a long and prosperous Reign , left divers Sons , whereof after we shall speak , and among them his III. Son named John of Gaunt , married Lady Blanch Daughter and Heir of the House of Lancaster , and of the forenamed Lord Edmond Crouchback , by which Blanch , John of Gaunt became Duke of Lancaster : so as the lines of these two Brethren Edward and Edmond did meet and joyn again in the fourth descent , as now shall appear by declaration of the Issue of the foresaid Lord Edmond . Edmond then the second Son of King Henry the third , being made County Palatine of Lancaster , as also Earl of Leicester and of Darby , by his Father King Henry , as hath been said , had issue three Sons , to wit , Thomas , Henry , and John , among whom he divided his three States , making Thomas his eldest Son , County Palatine of ●ancaster , Henry Earl of Leicester , and John Earl of Darby . But Thomas the eldest , and John the youngest , dying without Issue , all three States fell again upon Henry the second Son ; which Henry had Issue one Son and three Daughters : his Son was named Henry the second of that name , Earl of Lancaster , and made Duke of Lancaster by King Edward the third , and he had one only Daughter and Heir named Blanch , who was married unto John of Gaunt , as before hath been said . But Duke Henry's three Sisters , named Joan , Mary and Eleanor , were all married to divers principal men of the Realm , for that Joan was married to John Lord Maubery , of whom are descended the Howards of the House of Norfolk at this day ; and Mary was married to Henry Lord Percy , from whom cometh the House of the Earls of Northumberland ; and Eleanor was married to Richard Earl of Arundel , thence is issued also by his Mothers side the Earl of Arundel ●hat now is : so as of this ancient Line of Lancaster there want not noble Houses within the Realm at this day , issued thence before the controversie fell out between York and this Family , of which controversie how it rose , and how it was continued , I shall now begin to make more particular declaration , taking my beginning from the Children of King Edward the third , who were the causers of this fatal dissention . CHAP. III. Of the succession of English Kings from King Edward the third , unto our days , with the particular causes of dissention between the Families of York and Lancaster , more largely declared . KIng Edward the third , surnamed by the English the Victorious , though he had many Children , whereof some died without Issue , which appertain not to us to treat of , yet had he five Sons that left Issue behind them ; to wit , Edward the eldest , that was Prince of Wales , surnamed the Black Prince ; Leonel Duke of Clarence , which was the second Son ; John of Gaunt , so called for that he was born in that City , that was the third Son , and by his Wife was Duke of Lancaster ; and fourthly , Edmond surnamed of Langley , for that he was also born there , and was Duke of York ; and last of all , Thomas the fifth Son , surnamed of Woodstock , for the same reason of his birth , and was Duke of Gloucester . All these five Dukes being great Princes , and Sons of one King , left Issue behind them as shall be declared ; and for that the descendents of the third and fourth of these Sons , to wit ▪ , of the Dukes of Lancaster and York , came afterward to strive who had best Title to Reign , thereof it came that the controversie had his name of these two Families , which for more distinction sake , and the better to be known , took upon them for their Ensigns a Rose of two different colours , to wit , the White Rose , and the Red , as all the World knoweth , whereof the White served for York , and the Red for Lancaster . To begin then to shew the Issue of all these five Princes , it is to be noted , that the two elder of them , to wit , Prince Edward , and his second Brother Leonel Duke of Clarence , dyed both of them before King Edward their Father , and left each of them an Heir , for that Prince Edward left a Son named Richard , who Succeeded in the Crown immediately after his Grand-father , by the name of King Richard the second , but afterward for his evil Government was deposed , and dyed in prison without Issue , and so was ended in him the Succession of the first Son of King Edward . The second Son Leonel , dying also before his Father , left behind him one only Daughter and Heir , named Philippa , who was married to one Edmond Mortimer ●arl of March , and he had by her a Son and Heir named Roger Mortimer , which Roger had Issue two Sons named Edmond and Roger , which dyed both without Children , and one daughter named Anne Mortimer , who was married unto Richard Plantagenet Earl of Cambridge , second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son , as hath been said , unto King Edward the third ; and for that this Richard Plantagenet married the said Anne , as hath been said , hereby it came to pass , that the House of York joyned two titles in one , to wit , that of Leonel Duke of Clarence , which was the second Son of King Edward the third , and that of Edmond Langly Duke of York which was the fourth Son : and albeit this Richard Plantagenet himself never came to be Duke of York ▪ for that he was put to death , while his elder Brother lived , by King Henry the fifth , for a conspiracy discovered in Southampton against the said King , when he was going over into France with his Army : yet he left a Son behind him named also Richard , who afterward came to be Duke of York , by the death of his Uncle ▪ which Uncle was slain soon after in the Batte● of Age●cou●t in France : and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown , against the House of Lancaster , as a little afterward more in particuler shall be declared , as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel , left a Son named Edward , Earl of March , who after much trouble got to be King , by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster , and was the first King of the House of York , whose Genealogy we shall lay down more largely afterwards in place convenient . And now it followeth in order that we should speak of John of Gaunt the third Son ; but for that his descent is great , I shall first shew the descent of the fifth and last Son of King Edward , who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham , that was put to death afterward or rather murthered wrongfully , by order of his Nephew King Richard the second , and he left only one daughter and Heir named Anne , who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham , and were put down by King Richard the third , and King Henry the eighth , albeit some of the bloud and name do remain yet still in England . And thus having brought to an end the Issue of three Sons of King Edward , to wit , of the first , second , and fifth , and touched also somewhat of the fourth , there resteth to prosecute more fully the Issues and descents of the third and fourth Sons , to wit , of John of Gaunt Duke of Lancaster , and of Edmond Langly Duke of York , which are the Heads of these two Noble Families ; which thing I shall do in this place with all brevity and perspicuity possible , beginning first with the House of Lancaster . John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife , as hath been said , had three Wives in all , and by every one of them had issue ; though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England , Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt , and consequently that all his Children were born of her ; which is a great and manifest errour , and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon ; for that it being evident , that only the first Wife was Daughter and Heir of the House of Lancaster , and John of Gaunt Duke thereof by her , it followeth that the Children only that were born of her , can pretend properly to the inheritance of that house , and not others born of John of Gaunt by other wives , as all the World will confess . First then ( as I have said ) this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster , and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby , and after made Duke of Hereford by King Richard the second , and after that came to be Duke also of Lancaster by the death of his Father , and lastly was made King by the deposition of his Cousen German the said King Richard , and Reigned 13. years by the name of King Henry the fourth , and was the first King of the House of Lancaster , of the right of whose title examination shall be made afterwards . The first of the two daughters which John of Gaunt had by Blanch , was named Philippa , who was married to John the first of ●hat name King of Portugal , by whom she had Issue Edward King of Portugal , and he Alfonsus the fifth , and he John the second , and so one after another , even unto our days The second daughter of John of Gaunt by Lady Blanch was named Elizabeth , who was married to John Holland Duke of Exeter and she had Issue by him another John Duke of Exeter , and he had Issue Henry Duke of Exeter , that died without Issue Male , leaving only one Daughter named Anne , who was married to Sir Thomas Nevil Knight , and by him had Issue Ralph Nevil third Earl of Westmerland , whose Lineal Heir is at this day Lord Charles Nevil Earl of Westmerland , that liveth banished in Flanders . And this is all the Issue that John of Gaunt had by Lady Blanch his first Wife , saving only that I had forgotten to prosecute the Issue of Henry his first Son , surnamed of Bullenbroke , that was afterward called K. Henry the fourth , which King had four Sons and two daughters ; his daughters were Blanch and Philippa , the first married to William Duke of Bavaria , and the second to Erick King of Denmark , and both of them died without Children ▪ The four Sons were first Henry , that Reigned after him by the name of Henry the fifth , and the second was Thomas Duke of Clarence , the third was John Duke of Bedford , and the fourth was Humphry Duke of Glocester , all which three Dukes died without Issue , or were slain in Wars of the Realm , so as only King Henry the fifth their elder Brother had Issue one Son named Henry also , that was King , and Reigned 40 years by the name of Henry the sixth , who had Issue Prince Edward , and both of them ( I mean both Father and Son ) were murthered by order or permission of Edward Duke of York who afterward took the Crown upon him , by the name of King Edward the fourth , as before hath been said : so as in this King Henry the sixth , and his Son Prince Edward , ended all the bloud-Royal male of the House of Lancaster , by Blanch the first Wife of John of Gaunt , and the Inheritance of the said Lady Blanch returned by right of succession ( as the favourers of the House of Portugal affirm , though others deny it ) unto the Heirs of Lady Philip her eldest daughter , married into Portugal , whose Nephew named Alfonsus the fifth King of Portugal , lived at that day when King Henry the sixth and his Heir were made away : and thus much of John of Gaunt's first marriage . But after the death of the Lady Blanch , John of Gaunt married the Lady Constance , daughter and H●ir of Peter the first ( surnamed the Cruel ) King of Castile ; who being driven out of his Kingdom by Henry his Bastard-brother , assisted thereunto by the French , he fled to Bourdeaux with his Wife and two daughters , where he found Prince Edward , eldest Son to King Edward the third , by whom he was restored ; and for pledge of his fidelity , and performance of other conditions that the said King Peter had promised to the Prince , he left his two daughters with him : which daughters being sent afterwards into England , the eldest of them , named Constance , was married to John of Gaunt , and by her Title he named himself for divers years afterwards King of Castile , and went to gain the same by Arms when Peter her Father was slain by his foresaid Bastard-brother . But yet some years after that again , there was an agreement made between the said John of Gaunt , and John the first of that name King of Castile , Son and Heir of the foresaid Henry the Bastard , with condition , that Catharine the only daughter of John of Ga●nt by Lady Constance , should marry with Henry the third Prince of Castile Son and Heir of the said King John , and Nephew to the Bastard Henry the second , and by this means was ended that controversie between England and Castile . And the said Lady Catharine had Issue by King Henry , John the second King of Cas●●●e , and he Isabel that married with Ferdinando the Catholick King of Aragon , and joyned by that marriage both those Kingdoms together ; and by him she had a daughter named Joan , that married Philip Duke of Austria and Burgundy , and by him had Charles the such that was Emperor , and Father to King Philip that now reigneth ●n Spain ; who ( as we see ) is descided two ways from John of Gaunt Duke of Lancaster , to wit , by two daughters begotten of two Wives , Blanch and Constance ; neither had John of Gaunt any more Children by Constance , but only this daughter Catharine , of whom we have spoken : wherefore now we shall speak of his third Wife , that was Lady Catharine Swinford This Lady Catharine , as English Histories do note , was born in Heinalt in Flanders , and was daughter to a Knight of that Country called Sir Payne de Ruet , and she was brought up in her youth in the Duke of Lancasters house , and attended upon his first Wife Lady Blanch ; and being fair of personage , grew in such favour with the Duke , as in the time of his second Wife Constance , he kept this Catharine for his Concubine , and begat upon her four Children , to wit , three Sons and ● daughter , which daughter ( whose name was Jane ) was married to Ralph Earl of Westmorland , called commonly in those days Daw Raby , of whom descended the Earls of Westmorland that ensued . His three Sons were John , Thomas and Henry , and John was first Earl ▪ and then Duke of Summerset : Thomas was first Marques of Dorset , and then Duke of Excester : Henry was Bishop of Winchester , and after Cardinal . And after John of Gaunt had begotten all these four Children upon Catharine , he married her to a Knight in England named Swinford , which Knight lived not many years after , and John of Gaunt coming home to England , from Aquitaine , where he had been for divers years , and seeing this old Con●●●●ne of his Catharine , to be now a Widow , and himself also without a Wife , ( for that the Lady Constance was dead a little before ▪ ) for the love that he bore to the Children that he had begotten of her , he determined to marry her , and thereby the rather to legitimate her Children , though himself were old now , and all his Kindred utterly against the Marriage , and so not full two years before his death , to wit in the Year of Christ 1396. he married her , and the next Year after in a Parliament begun at Westminster , the 22 of January , Anno Domini 1397. he caused all his said Children to be legitimated , which he had begotten upon this Lady Swinford before she was his Wife . But now to go forward to declare the Issue of these three Sons of John of Gaunt by Catharine Swinford , two of them , that is , Thomas Duke of Exeter , and Henry Cardinal and Bishop of Winchester , dyed without Issue , John the eldest Son that was Earl of Somerset had Issue two Sons , John and Edmond , John that was Duke of Somerset had Issue one onely Daughter , named Margaret , who was married to Edmond Tidder Earl of Richmond , by whom he had a Son named Henry , Earl also of Richmond , who after was afterwards made King , by the name of Henry the VII . and was Father to King Henry the VIII . and Grandfather to the Queens Majesty that now is . And this is the issue of John the first Son to the Duke of Somerset . . Edmond , the second Son to John Earl of Somerset , was first Earl of Mortaine , and then after the death of his Brother John , ( who dyed without Issue make , as hath been said , ) was created by King Henry the VI. Duke of Somerset , and both he and almost all his Kin were slain in the quarrel of the said King Henry the VI. and for defence of the House of Lancaster , against York . For First this Edmond himself was slain in the battel of S. Albans , against Richard Duke and first Pretender of York , in the Year 1456. leaving behind him three goodly Sons , to wit , Henry , Edmond and John , whereof Henry succeeded his Father in the Dutchy of Somerset , and was taken and beheaded in the same quarrel at Exham , in the Year 1463. dying without Issue . Edmond likewise succeeded his Brother Henry in the Dutchy of Somerset , and was taken in the battel of Tewkesbury in the same quarrel , and there beheaded the 7 th . of May 1471. leaving no Issue . John also the third Brother , Marquess of Dorset , was slain in the same battel of Tewkesbury , and left no Issue ▪ and so in these two Noblemen ceased utterly all the Issue Male of the Line of Lancaster , by the Children of John of Gaunt , begotten upon Lady Swinford his third Wife : So that all which remained of this Woman , was only Margaret Countess of Richmond , Mother to King Henry the VII . which King Henry the VII . and all that do descend from him in England , do hold the Right of Lancaster only by this third Marriage of Catharine Swinford , as hath been shewed , and no ways of Blanch the first Wife , or of Constance the second ; and this is enough in this place of the Descents of John of Gaunt , and of the House of Lancaster , and therefore I shall now pass over to shew the Issue of the House of York ▪ I touched briefly before , how Edmond Langley Duke of York , fourth Son of King Edward the III. had two Sons , Edward Earl of Rutland , and Duke of Aumarle , that succeeded his Father afterwards in the Dutchy of York , and was slain without children under King Henry the V. in the battel of Agenc●urt in France ▪ and Richard Earl of Cambridge which married Lady Anna Mortimer , as before hath been said , that was Heir of the House of Clarence , to w●t , of Leonel Duke of Clarence , second son to King Edward the III. by which marriage he joyned together the two Titles of the Second and Fourth S●●● of King Edward , and being himself convinced of a Conspiracy against King Henry the V. was put to death in Southampton in the Year of Christ 1415. and 3 d. of the Reign of King Henry the V. and 5 th . day of August . This Richard had Issue by Lady Anna Mortimer a Son named Richard , who succeeded his Uncle Edward Duke of York in the same Dutchy , and afterwards finding himself strong , made claime to the Crown in the behalf of his Mother , and declaring himself Chief of the Faction of the White Rose , gave occasion of many cruel battels against them of the Red Rose and House of Lancaster , and in one of the battels which was given in the Year 1460. at Wakefield , himself was slain , leaving behind him three Sons , Edward , George and Richard , whereof Edward was afterwards King of England by the name of Edward the IV. George was Duke of Clarence , and put to death in Calis in a butt of Sack or Malmesy , by the Commandment of the King his Brother ; and Richard was Duke of Glocester , and afterwards King by murthering his own two Nephews , and was called King Richard the III. Edward the Eldest of these three Brothers , which afterwards was King , had Issue two Sons , Edward and Richard , both put to death in the Tower of London by their Cruel Uncle Richard : he had also five Daughters , the last four whereof I do purposely omit , for that of none of them there remaineth any Issue , but the eldest of all ▪ named Elizabeth , was married to King Henry the VI. of the House of Lancaster , and had by him Issue , King Henry the VIII . and two Daughters , the one married unto Scotland , whereof are descended the King of Scots ; and Arabella , and the other married to Charles Brandon Duke of Suffolk , whereof are issued the Children of the Earls of Hartford and Darby , as after more at large shall be handled , and this is the Issue of the first Brother of the House of York . The Second Brother George Duke of Clarence had Issue by his Wife Lady Isabel Heir to the Earldoms of Warwick and Salisbury , one Son , named Edward Earl of Warwick , who was put to death afterwards in his Youth , by King Henry the VII . and left no Issue : this Duke George had also one Daughter named Margaret , admitted by King Henry the VIII . ( at what time he sent her into Wales with Princess Mary , ) to be Countess of Salisbury , but yet married very meanly to a Knight of Wales , named Sir Richard Poole , by whom she had four Sons , Henry , Arthur , Geffrey and Reginald , the last whereof was Cardinal , and the other two Arthur and Geffrey had Issue , for Arthur had two Daughters Mary and Margarit , Mary was married to Sir John Stanny , and Margaret to Sir Thomas Fitzherbert : Sir Geffrey Poole had also Issue another Geffrey Poole , and he had Issue Arthur and Geffrey which yet live . Now then to return to the first Son of the Countess of Salisbury , named Henry , that was Lord Montague , and put to death both he and his mother , by King Henry the VIII . This man , I say , left two daughters Catharine and Winefred : Catharine was married to Sir Francis Hastings Earl of Huntington , by which Marriage issued Sir Henry Hastings now Earl of Huntington , and Sir George Hastings his brother , who hath divers Children . And Winefred the younger daughter was married to Sir Thomas Barrington Knight , who also wanteth not Issue : and this is of the second Brother of the House of York , to wit , of the Duke of Clarence . The third Brother Richard Duke of Gloucester , and afterward King , left no Issue , so as this is all that is needful to be spoken of the House of York , in which we see that the first and principal Competitor , is the King of Scots , and after him Arabella , ; and the Children of the Earls of Hertford and Derby are also Competitors of the same House , as descended by the daughter of the first Brother , Edward Duke of York , and King of England ; and then the Earl of Huntington and his generation , as also the Pools , Barringtons , and others before named , are or may be Titlers of York ▪ as descended of George Duke of Clarence , second Son of Richard Duke of York ; all which Issue yet seem to remain only within the compass of the House of York , for that by the former Pedegree of the House of Lancaster , it seemeth to the favourers of this House , that none of these other Competitors are properly of the Line of Lancaster , for that King Henry the 7th . coming only of John of Gaunt by Catharine Swinford his third Wife , could have no part in Lady Blanch that was only Inheritor of that House , as to these men seemeth evident . Only then it remaineth for the ending of this Chapter , to explain somewhat more clearly the descent of King Henry the 7th : and of his Issue . For better understanding whereof , you must consider , that King Henry the 7th . being of the House of Lancaster , in the manner that you have heard , and marrying Elizabeth the eldest daughter of the contrary House of York , did seem to joyn both Houses together , and make an end of that bloudy controversie , though others now will say no : But howsoever that was , ( which after shall be examined ) clear it is , that he had by that marriage one only Son , that left Issue , and two daughters ; his Son was King Henry the 8th . who by three several Wives , had three Children that have reigned after him , to wit , King Edward the 6th . by Queen Jane Seymer , Queen Mary by Queen Catharine of Spain , and Queen Elizabeth by Queen Anne Bullen , of all which three Children no Issue hath remained , so as now we must return to consider the Issue of his daughters . The eldest daughter of King Henoy the seventh , named Margaret , was married by her first mariage to James the fourth King of Scots , who had Issue James the fifth , and he again Lady Mary , late Queen of Scots , and Dowager of France , put to death not long ago in England , who left Issue James the sixth , now King of Scots . And by her second marriage the said Lady Margaret , after the death of King James the fourth , took for husband Archibald Douglas , Earl of Angus in Scotland , by whom she had one only daughter named Margaret , which was married to Matthew Steward Earl of Lenox , and by him she had two Sons , to wit , Henry Lord Darly , and Charles Steward ; Henry married the foresaid Lady Mary Queen of Scotland , and was murthered in Edenbrough in the year 1566. as the World knoweth ; and Charles his Brother married Elizabeth the daughter of Sir William Candish in England , by whom he had one only daughter yet living , named Arabella , another competitor of the Crown of England , by the House of York : and thus much of the first daughter of King Henry the seventh . Mary the second daughter of King Henry the seventh , and younger Sister to King Henry the eighth , was married first to Lewis the XII . King of France , by whom she had no Issue , and afterward to Charles Brandon Duke of Suffolk , by whom she had two daughters , to wit , Frances and Eleanor ; the Lady Frances was married first to Henry Gray Marquess of Dorset , and after Duke of Suffolk , beheaded by Queen Mary , and by him she had three daughters , to wit , Jane , Catharine , and Mary : the Lady Jane , eldest of the three , was married to Lord Guilford Dudly , Son to John Dudly late Duke of Northumberland , with whom ( I mean with her Husband and Father in Law ) she was beheaded soon after for being proclaimes Queen , upon the death of King Edward the sixth : the Lady Catharine second daughter , married first the Lord Henry Herbert Earl of Pembroke , and left by him again , she dyed afterward in the Tower , where she was prisoner for having had two Children by Edward Seymer Earl of Hertford , without sufficient proof that she was married unto him , and the two Children are yet living , to wit , Henry Seymer , commonly called Lord Beacham , and Edward Seymer his Brother . The Lady Mary the third Sister , though she was betrothed to Arthur Lord Gray of Wilton , and married after to Martin Keyes Gentleman-Porter , yet hath she left no Issue , as far as I understand . This then is the end of the Issue of Lady Frances , first of the two daughters of Queen Mary of France , by Charles Brandon Duke of Suffolk ; for albeit the said Lady Frances , after the beheading of the said Henry Lord Gray Duke of Suffolk , her first Husband , married again one Adrian Stokes her Servant , and had a Son by him ; yet it lived not , but dyed very soon after . Now then to speak of the younger daughter of the said French Queen and Duke , named Eleanor , she was married to Henry Clifford Earl of Cumberland , who had by her a daughter named Margaret , that was married to Lord Henry Stanley Earl of Darby , by whom she hath a plentiful Issue , as Ferdinand now Earl of Darby William , Stanley , Francis Stanley , and others , and this is all that needeth to be spoken of these descents of our English Kings , Princes , Peers or Competitors to the Crown for this place ; and therefore now it resteth only that we begin to examine what different pretentions are fram'd by divers Parties , upon these descents and Genealogies , which is the principal point of this our discourse . CHAP. IV. Of the great and general controversie and contention between the two Houses Royal of Lancaster and York , and which of them may seem to have had the better Right to the Crown , by way of Succession . ANd first of all , before I do descend to treat in particular of the different pretences of several persons and families , that have issued out of these two Royal lineages of Lancaster and York , it shall perhaps not be amiss , to discuss with some attention , what is , or hath , or may be said , on both sides for the general controversie that lyeth between them , yet undecided in many mens opinions , notwithstanding there hath been so much stir about the same , and not only writing and disputing , but also fighting and murthering for many years . And truly if we look into divers Histories , Records and Authors which have written of this matter , we shall find that every one of them speaking commonly according to the time wherein they lived , for that all such as wrote in the time of the three Henries fourth , fifth , and sixth , Kings of the House of Lancaster , they make the title of Lancaster very clear , and undoubted ; but such others as wrote since that time ( while the House of York hath held the Scepter ) they have spoken in a far different manner , as namely Polydor that wrote in King Henry the VIII ▪ his time , and others that have followed him since , to take all right from the House of Lancaster , and give the same to the House of York ; wherefore the best way I suppose will be , not so much to consider what Historiographers do say according to their affections , or Interests , as what reasons and proofs be alledged of every side ; for that by this , we shall more easily come to judge where the right or wrong doth lie . First therefore , the defenders of the House of York do alledge , that their title is plain and evident , for that as in the former chapter hath been declared , Richard Duke of York first pretender of this House , whose Father was Son to Edmond Langley Duke of York , fourth Son of King Edward the third , and his Mother Anne Mortimer that was Neece once removed , and sole Heir to Leonel Duke of Clarence , second Son of the said King Edward ; this Richard ( I say ) Duke of York pretended , that for so much as he had two titles joyned together in himself , and was lawful Heir as well to Duke Leonel the second Brother , as to Duke Edmond the fourth , that he was to be preferred in Succession of the Crown after the death of King Richard the second , Heir of the first Son of King Edward , before the Issue of John of Gaunt , that was but third Son to the said King Edward ; and consequently that Henry Bolenbrok , John of Gaunts Son Duke of Lancaster , called afterwards King Henry the fourth , entred the Crown by tyranny and violonce , first for deposing , the true and Lawful King Richard , and secondly for taking the Kingdom upon himself , which Kingdom after the death of the foresaid King Richard ( which happened in the year 1399. ) belonging to Edmond Mortimer Earl of March , then living , and after his death to Anne Mortimer his Sister , married to Richard Earl of Cambridge Father to this Richard pretendent Duke of York , as hath been said , for that this Edmond and Anne Mortimer were Children to Roger Mortimer Son of Philip that was daughter to Duke Leonel , which Leonel was elder Uncle to King Richard , and before John of Gaunt the younger Brother , whose Son took the Crown upon him . For the better understanding of which pretence and allegation of the House of York against Lancaster , we must note the story following , to wit , That King Edward the III. seeing in his old age that Prince Edward his eldest Son ( whom of all his Children he loved most dearly ) was dead , ( though there wanted not much doubt in some mens heads , as after shall be shewed , who ought to succeed ) yet the old man , for the exceeding great affection he bare to the dead Prince , would hear nothing in that behalf , but appointed Richard , the said Prince Edwards only Son and Heir , to succeed him in the Kingdom , and made the same to be confirmed by Act of Parliament , and inforced all his Children then alive , to swear to the same ; which were John of Gaunt , Duke of Lancaster , his third and eldest Son that then lived , ( for Leonel his second Son , Duke of Clarence , was dead before ) and Edmond Langley and Thomas Woodstock Earls at that time , but after Dukes of York and Glocester ; and so King Richard Reigned with good obedience of his Uncles and their Children for 20 years together , but in the end when he grew insolent and had put to death his Uncle the Duke of Glocester , together with the Earl of Arundel , and banished many others of the Nobility , and among them the Archbishop of Canterbury , as also his own Cousin-German Henry Duke of Hertford , and after of Lancaster , Son and Heir of John of Gaunt , and had made many wickedd Statutes as well against the Church and State Ecclesiastical , as also to intangle the Realm and Nobility with fained crimes of Treason against his Regality , as then he termed them , the principal men of the Realm , seeing a sit occasion offered by the Kings absence in Ireland , called home out of France the foresaid Henry Duke of Lancaster , with the Archbishop of Canterbury , Earls of Arundel and Warwick , and others which were in banishment , and by common consent gathered upon the suddain such an Army to assist them in England , as they took the King , brought him to London , and there in a Parliament laying together the intolerable faults of his Government , they deprived him of all Regal Dignity , as before they had done to his great Grandfather K. Edward the second , and then by universal consent of the Parliament and people there present ▪ they chose and admitted the said Henry Duke of Lancaster to be their King , who continued so all the days of his life , and left the Crown unto his Son , and Sons Son , after him , by the space of threescore years , until this Richard before named Duke of York , made challenge of the same in manner and form as before hath been shewed . Now then the story being thus , the question is first , whether Richard the second were justly deposed or no ; and secondly , whether after his deposition the House of York or House of Lancaster should have entred ; and thirdly , if the House of Lancaster did commit any wrong or injustice at their first entrance to the Crown , yet whether the continuance of so many years in possession , with so many approbations and confirmations thereof by the Commonwealth , were not sufficient to legitimate their right . Concerning which points many things are alledged by the favourers of both Families , and in the first point touching the lawfulness or unlawfulness of King Richards deposition , three Articles especially do seem most considerable , to wit , about the thing in it self , whether a lawful King may be deposed upon just causes ; and secondly , about these causes in King Richards deposition , to wit , whether they were just or sufficient for deposition of the said King ; and lastly , about the manner of doing i● , whether the same were good and orderly , or not . And touching the first of these three points , which is , that a King upon just causes may be deposed , I think both parties , though never so contrary between themselves , will easily agree , and the Civil Lawyer seems to me to have proved it so evidently before throughout his whole dicourse , as I think very little may be said against the same . For he hath declared ( if you remember ) both by reason , authority , and examples of all Nations Christian , that this may , and hath and ought to be done , when urgent occasions are offered . And first by reason he sheweth it , for that all Kingly authority is given them only by the Commonwealth , and that with this express condition , that they shall Govern according to Law and equity , that this is the cause of their exaltation above other men , that this is the end of their Government , the butt of their authority , the star and pole by which they ought to direct their stern , to wit , the good of the people ; by the weal of their Subjects , by the benefit of the Realm , which end being taken away or perverted , the King becometh a Tyrant , a Tyger , a fierce Lion , a ravening Wolf , a publick enemy , and a bloudy murtherer , which were against all reason both natural and moral , that a Common-wealth could not deliver it self from so eminent a destruction . By authority also you have heard it proved , of all Law-makers , Philosophers , Lawyers , Divines , and Governours of Commonwealhs , who have set down in their Statutes and Ordinances , that Kings shall swear and protest at their entrance to Government , that they will observe and perform the conditions there promised , and otherwise to have no Interest in that Dignity , and Soveraignty . By examples in like manner of all Realms Christian he declared , how that often-times they have deposed their Princes for just causes , and that God hath concurred and assisted wonderfully the same , sending them commonly very good Kings after those that were deprived , and in no Country more then in England it self , yea in the very Line and Family of this King Richard , whose Noble Grandfather King Edward the third , was exalted to the Crown by a most solemn deposition of his predecessor King Edward the second , wherefore in this point there can be little controversie , and therefore we shall pass unto the second , which is , whether the causes were good and just for which this King Richard was esteemed worthy to be deposed . And in this second point much more difference there is betwixt York and Lancaster , and between the white Rose and the Red , for that the House of York seeking to make the other odious , as though they had entred by tyranny and cruelty , doth not stick to avouch , that King Richard was unjustly deposed ; but against this the House of Lancaster alledgeth , first , that the House of York cannot justly say this , for that the chief Prince assistant to the deposing of King Richard , was Lord Edmond himself Duke of York , and head of that family , together with Edward Earl of Rutland and Duke of Aumarl , his eldest Son and Heir , yea and his younger Son also Richard Earl of Cambridge , Father to this Richard that now pretendeth , for so do write both Stow , Hollingshead and other Chroniclers of England , that those Princes of the H●●●e of York ▪ did principally assist Henry Duke of Lancaster in getting the Crown , and deposing King Richard , and Polid●r speaking of the wicked Government of King Richard , and of the first Cogitation about deposing him when King Henry of Lancaster was yet in France , banished , and seemed not to think of any such matter , he hath these words . Sed Edmundo Ebo●acensium duci , ea res cum primis bilem commovit , quod Rex omnia jam jura perverteret , quod antea parricidio , & postea r●pints se obstrinx●sset , &c. That is , this matter of the wicked Government of King Richard , did principally offend his Uncle Edmond Duke of York , for that he saw the King now to pe●srvert all Law and Equity , and that as before he had defiled himself with Parricide , that is , with the murther of his own Uncle the Duke of Glocester , Brother to this Edmond , so now he intangled himself also with Rapine , in that he took by violence the Goods and Inheritance of John of Gaunt , late deceased , which did belong to Henry Duke of Lancaster , his Cousin-German : By which words of Polidor , as also for that the Duke of Lancaster coming out of Britany accompaned only with threescore persons , ( as some stories say ) chose first to go into York shire and to enter at Ravenspur at the mouth of Humber , as all the World knoweth ( which he would never have done if the Princes of York had not principally favoured him in that action ) all this , I say , is an evident argument that these Princes of the House of York were then the chief doers in this deposition , and consequently cannot alledge now with reason that the said Richard was deposed uniustly . Secondly , the House of Lancaster alledgeth for the justifying of this deposition , the opinions of all Historiographers , that ever have written of this matter , whether they be English , French , Dutch , Latine , or of any other Nation or Language , who all with one accord do affirm , that King Richards Government was intolerable , and he worthy of deposition , whereof he that will see more let him read Thomas of Walsingham , and John Frosard in the life of King Richard. Thirdly , they of Lancaster do alledge , the particular outrages and insolencies of King Richards Government ; and first , the suffering himself to be carried away with evil counsel of his favorites , and then the perverting of all Laws generally under his Government , as before you have heard out of Polidor ; the joyning with his Minions for oppressing the Nobility , of which Stow hath these words . The King being at Bristow with Robert de Vere Duke of Ireland , and Michael de la Pole Earl of Suffolk , devised how to take away the Duke of Glocester , the Earls of Arundel , Warwick , Darby and Nottingham , and others whose deaths they conspired : Thus saith Stow. And after they executed the most part of their devices , for that Thomas of Woodstock Duke of Glocester , was made away without Law or Process , the Earl of Arundel also was put to death , and Warwick was banished , and so was also Thomas Arundel Archbishop of Canterbury , by like Injustice , and the like was done to Henry Duke of Hertford , and after of Lancaster , and among other insolencies he suffered Robert Vere to dishonour and put from him his Wife , a Noble and goodly young Lady ( as Stow saith ) and born of Lady Isabella King Richards Aunt , that was daughter to King Edward the third , and suffered Vere to marry another openly to her disgrace , and dishonour of her Kindred . And finally , in the last Parliament that ever he held , which was in the 21. year of his Reign , commonly called the Evil Parliament , he would needs have all authority absolute granted to certain favourites of his , which Thomas Walsingham saith were not above 6 or 7. to determine of all matters with all full authority , as if they only had been the whole Realm , which was nothing indeed but to take all authority to himself only ; and Stow in his Chronicle hath these words following . This Parliament began about the 15. of Sept. in the year 1397. at the beginning whereof , Edward Stafford Bishop of Exeter Lord Chancellor of England made a proposition or Sermon ▪ in which he affirmed that the power of the King , was alone , and perfect of it self , and those that do impeach it were worthy to suffer pain of the Law , &c. thus saith Stow , by all which is evident , how exorbitant and contrary to all Law and Equity this Kings Government was . Fourthly and lastly , those of Lancaster do alledge for justifying of this deprivation , that Duke Henry was called home by express Letters of the more and better part of all the Realm , and that he came wholly ( in a manner ) u●●rmed considering his person , for that Frosard saith he had but three Ships only out of Britany , and Walsingham saith he had but 15. Lances and 4●0 ▪ foot-men , and the additions to Pol●●hronicon , as before I noted , do avouch , that when he landed at Ravenspur in the County of York , he had but threescore men in all to begin the Reformation of his Realm against so potent a Tyrant , as King Richard was then accounted , and yet was the concourse of all people so great and general unto him , that within few days he atchieved the matter , and that without any battel or bloud-shed at all : and thus much for the justness of the cause . But now if we will consider the manner and form of this act , they of Lancaster do affirm also , that it could not be executed in better nor more convenient order . First , for that it was done by the choice and invitation of all the Realm , or greater and better part thereof , as hath been said . Secondly , for that it was done without slaughter ; and thirdly , for that the King was deposed by Act of Parliament , and himself convinced of his unworthy Government , and brought to confess that he was worthily deprived , and that he willingly and freely resigned the same : neither can there be any more circumstances required ( say these men ) for any lawful deposition of a Prince . And if any man will yet object and say , that notwithstanding all this there was violence , for that Duke Henry was Armed , and by force of Arms brought this to pass ; they of Lancaster do answer , that this is true , that he brought the matter to an end by Forces , for that an evil King cannot be removed but by force of Arms , if we expect the ordinary way of remedy left by God unto the Commonwealth ; for seeing that a Tyrannical or obstinate evil Prince , is an Armed enemy with his feet set on the Realms head , certain it is , that he cannot be driven nor plucked from thence , nor brought in order , but by force of Arms. And if you say that God may remedy the matter otherwise , and take him away by sickness , and other such means , it is answered , that God will not always bind himself to work Miracles , or to use extraordinary means in bringing those things to pass , which he hath left in the hands of men , and of Commonwealths to effectuate , by ordinary way of Wisdom and Justice . As for example , it were an easie thing ( say these men ) for God Almighty also when any wicked man breaketh his Law , by theft , murther , or the like , to punish him immediately by death , or otherwise himself , and yet he will not so do , but will have the Realm to punish him , and that by force of Arms also , it otherwise it cannot be done , and this as well for example , and terror of 〈…〉 that God hath 〈…〉 in his name , 〈…〉 〈…〉 particular president of punishing of evil 〈◊〉 in like manner by force and violence , when other means will not serve , these men say , that besides all the great multitude of examples alledged before by the Lawyer , in his fourth Chapter , about evil Kings deposed , there is great variety of several manners how the same hath been done , by God's own Ordinance , recounted in Holy Writ ; as first , when the Scripture saith in the Books of Judges , that Aod was stirred up by God to kill Eglon King of the Moabites , that prosecuted the people of Israel , and the manner was to feign a secret Embassage , or message unto him , and so to slay him in his Chamber , as he did , and God delivered his people by that means , and chose this particular way , whereas none will deny but that he might have done it by many other means less odious to the World then this was , that seemed so cruel and full of Treason . Again they shew , that when God had rejected King Saul for his wickedness , and determined to depose him , he chose to do it by raising of David against him , and by defending and assisting David both in Arms and otherwise divers years against Saul , and in the end raised the Philistians also against him , who after divers battels cut off his head , and carried it up and down the Country upon a pole , and presented it in all the Temples of their Idols , and in the end left it pitched up in the Temple of Dagon ; all which God might have spared , and have taken him away quietly without bloudshed , if he would , but he chose this second way . In like manner when he would punish King Rehoboam for the sins of Solomon his Father , and yet spare him also in part for the sake of his Grandfather David , he caused a Rebellion to be raised against him by Jeroboam his Servant , and more then three parts of four of his people , to rebel against him , and this by God's own instinct and motion , and by his express allowance thereof after it was done , as the Scripture avoucheth , and if Rehoboam had fought against them , for this fault , ( as once he had thought to do , and was prepared with a main Army ) no doubt but they might have lawfully slain him , for that now these ten Tribes that forsook him , had just authority to depose him for his evil Government , and for not yielding to their just request made unto him , for easing them of those grievous Tributes laid upon them , as the Scripture reporteth . For albeit God had a meaning to punish him , for the sins of his Father Solomon , yet suffered he that Rehoboam also should give just occasion himself for the people to leave him , as appeareth by the story ; and this is God's high Wisdom , Justice , Providence , and sweet disposition in humane affairs . Another example of punishing and deposing evil Princes by force , they do alledge out of the first Book of Kings , where God appointed Elizeus the Prophet , to send the Son of another Prophet to anoint Jehu , Captain of Joram , King of Israel , which Joram was Son to the Queen Jezabel , and to perswade Jehu to take Arms against his said King , and against his mother the Queen , and to deprive them both , not only of their Kingdoms , but also of their lives ; and so he did , for the Scripture saith , Conjuravit ergo Jehu contra Joram , Jehu did conjure and conspire at the perswasion of this Prophet , with the rest of his fellow Captains , against his King Joram , and Queen Jezabel the Kings Mother , to put them down , and to put them to death with all the ignominy he could devise , and God allowed thereof ▪ and perswaded the same by so holy a Prophet as Elizeus was , whereby we may assure our selves that the fact was not only lawful , but also most Godly , albeit in it self it might seem abominable . And in the same book of Kings , within two chapters after , there is another example how God moved Jehoiadah High-priest of Jerusalem to perswade the Captains and Colonels of that City to conspire against Athalia the Queen , that had Reigned 6. years , and to Arm themselves with the Armor of the Temple , for that purpose , and to besiege the Palace where she lay , and to kill all them that should offer or go about to defend her ; and so they did , and having taken her alive , she was put to death also by sentence of the said High-priest , and the fact was allowed by God , and highly commended in the Scripture , and Joas young King of the bloud Royal was Crowned in her place ; and all this might have been done as you see without such trouble of Arms , and bloud-shed , if God would , but he appointed these several means for working of his will , and for relieving of Common-wealths oppressed by evil Princes . And this seemeth sufficient proof to these men , that King Richard of England might be removed by force of Arms , his life and Government being so evil and pernicious , as before hath been shewed . It remaineth then that we pass to the second principal point proposed in the beginning , which was , that supposing this deprivation of King Richard was just and lawful , what House by right should have succeeded him , either that of Lancaster as it did , or the other of York . And first of all it is to be understood , that at that very time when King Richard was deposed , the house of York had no pretence , or little at all to the Crown , for that Edmond Mortimer Earl of March , Nephew to the Lady Philippa , was then alive , with his Sister Anne Mortimer married to Richard Earl of Cambridge , by which Anne the House of York did after make their claim , but could not do so yet , for that the said Edmond her Brother was living , and so continued many years after , as appeareth , for that we read that he was alive 16. years after this , to wit , in the third year of the Reign of K. Henry the 5th . when his said Brother in Law Richard Earl of Cambridge was put to death in Southampton , whom this Edmond appeached , as after shall be shewed ; and that this Edmond was now Earl of March when K. Richard was deposed , and not his Father Roger ( as Polidor mistaketh ) is evident , by that that the said Roger was slain in Ireland , a little before the deposition of King Richard , to wit , in the year 1398. and not many months after he had been declared Heir apparent by King Richard , and Rogers Father named Edmond also , Husband of the Lady Philippa , dyed some three years before him , that is , before Roger , as after will be seen ; so as seeing that at the deposition of King Richard , this Edmond Mortimer elder Brother to Anne was yet living , the question cannot be whether the House of York should have entred to the Crown presently after the deprivation of King Richard , for they had yet no pretence , as hath been shewed , but whether this Edmond Mortimer , as Heir of Leonel Duke of Clarence , or else Henry Duke of Lancaster , Heir of John of Gaunt should have entred : For as for the House of York there was yet no question , as appeareth also by Stow in his Chronicle , who seteth down how that after the said deposition of Richard , the Archbishop of Canterbury asked the people three times , whom they would have to be their King , whether the Duke of York there standing present , or not , and they answered no : and then he asked the second time , if they would have his eldest Son , the Duke of Aumarl , and they said no : he asked the third time , if they would have his youngest Son , Richard Earl of Cambridge , and they said no : Thus writeth Stow. Whereby it is evident , that albeit this Earl of Cambridge had married now the Sister of Edmond Mortimer , by whom his posterity claimed afterward , yet could he not pretend at this time , her Brother being yet alive , who after dying without Issue , left all his right to her , and by her to the House of York : for albeit this Earl Richard never came to be Duke of York , for that he was beheaded by King Henry the fifth at Southampton as before hath been said , while his elder Brother was a live , yet left he a Son named Richard , that after him came to be Duke of York , by the death of his Uncle Edmond Duke of York that dyed without Issue , as on the other side also by his Mother Ann Mortimer , he was Earl of March , and was the first of the House of York that made title to the Crown . So that the question now is , whether after the deposition of King Richard , Edmond Mortimer , Nephew removed of Leonel ( which Leonel was the second Son to King Edward ) or else Henry Duke of Lancaster , Son to John of Gaunt ( which John was third Son to King Edward ) should by right have succeeded to King Richard ; and for Edmond is alledged , that he was Heir of the elder Brother ; and of Henry is said , that he was nearer by two degrees to the Stem or last King , that is to say , to King Richard deposed , then Edmond was , for that Henry was Son to King Richards Uncle of Lancaster , and Edmond was but Nephew removed , that is to say , Daughters Sons Son , to the said King Richards other Uncle of York . And that in such a case , the next in degree of consanguinity , to the last King , is to be preferred ( though he be not of the elder Line ) the favourers of Lancaster alledge many proofs , whereof some shall be touched a little after : and we have seen the same practised in our days in France , where the Cardinal of Bourbon by the Judgment of the most part of that Realm , was preferred to the Crown for his propinquity in bloud to the dead King , before the King of Navarre , though he were of the elder Line . Moreover it is alledged for Henry , that his title came by a man , and the others by a woman , which is not so much favoured either by Nature , Law or Reason , and so they say that the pretenders of this title of Lady Philippa that was daughter of Duke Leonel , never opened their mouths in those days to claim , until some 50. years after the deposition and death of King Richard. Nay moreover they of Lancaster say , that sixteen years after the deposition of King Richard , when King Henry the fifth was now in possession of the Crown , certain Noblemen , and especially Richard Larl of Cambridge , that had married this Edmond Mortimers Sister , offered to have slain King Henry and to have made the said Edmond Mortimer King , for that he was descended of Duke Leonel , but he refused the matter , thinking it not to be according to equity , and so went and discovered the whole Treason to the King ; whereupon they were all put to death in Southampton , within four or five days after , as before hath been noted , and this happened in the year 1415. and from henceforward until the year 1451. and thirtieth of the Reign of King Henry the sixth , which was 36. years after the Execution done upon these Conspirators , no more mention or pretence was made of this matter , at what time Richard Duke of York began to move troubles about it again : Thus say those of the House of Lancaster : but now these of York have a great argument for themselves , as to them it seemeth , which is , that in the year of Christ 1385. and 9th . year of the reign of King Richard the second , it was declared by Act of Parliament , ( as Polydor writeth ) that Edmond Mortimer , who had married Philippa daughter and Heir of Leonel Duke of Clarence , and was Grandfather to the last Edmond by me named , should be Heir apparent to the Crown , if the King should chance to die without Issue . To which objection those of Lancaster do answer , first , that Polydor doth erre in the person , when he saith that Edmond Husband of Lady Philippa , was declared for Heir apparent ; for that this Edmond Mortimer that married Lady Philippa , died peaceably in Ireland three years before this Parliament was holden , to wit , in the year of Christ 1382. as both Hollingshed , Stow , and other Chroniclers do testifie ; and therefore Polydor doth erre not only in this place about this man , but also in that in another place he saith , that this Edmond so declared Heir apparent by King Richard , was slain by the Irish in Ireland 12 years after this declaration made of the succession , to wit , in the year 1394. which was indeed not this man , but his Son Roger Mortimer , Heir to him , and to the Lady Philippa his Wife , who was declared Heir apparent in the Parliament aforesaid , at the instance of King Richard , and that for especial hatred and malice ( as these men say ) which he did bear against his said Uncle the Duke of Lancaster , and his Son Henry , whom he desired to exclude from the succession . The cause of this hatred , is said to be , for that presently upon the death of Prince Edward , Father to this Richard , ( which Prince died in the year of Christ 1376. and but 10. months before his Father King Edward the third ) there wanted not divers learned and wise men in England , that were of opinion that John of Gaunt Duke of Lancaster , eldest Son then living of the said King Edward , should have succeeded his Father , jure propinquitatis , before Richard that was but Nephew , and one degree further off then he : but the old King was so extremely affectionate unto his eldest Son , the black Prince Edward , newly dead , that he would not hear of any to succeed him ( as Frosard saith ) but only Richard the said Prince's Son. Wherefore he called presently a Parliament , which was the last that ever he held , and therein caused his said Nephew Richard to be declared Heir apparent , and made his three Sons then living , that were Uncles to the Youth , ( to wit , John of Gaunt Duke of Lancaster , Edmond Langley Duke afterwards of York , and Thomas Woodstock Duke of Gloucester ) to swear Fealty unto Richard , as they did . And albeit John of Gaunt all his life after , for keeping of his Oath that he had made unto his Father , never pretended any Right to the Crown , yet King Richard knowing well the pretence that he and his might have , was still afraid of him , and sought infinite means to be rid of him , first by perswading him to go and make War in Spain , where he thought he might miscarry in so dangerous an attempt ▪ and then offering to give him all Aquitain , if he would leave England to go and live there , as he did for three years , with extreme peril , for that the people of Aquitain would not receive him , but rose against him , and refused his Government , and would not admit him for their Lord , but appealed to the King , who also allowed thereof ; and so when John of Gaunt came home into England again , King Richard thought no better way to weaken him , then to banish his Son Henry Duke of Hertford , and so he did . And besides this , the said King Richard practised also by divers secret drifts , the death of his said Uncle the Duke of Lancaster , as Walsingham witnesseth ; and when the said Duke came at length to die , which was in the 22. year of King Richard's reign , he wrote such joyous Letters thereof ( as Frosard saith ) to his Father-in-law Charles the sixth King of France , as though he had been delivered of his chiefest Enemy , not imagining that his own destruction was so near at hand , and much accelerated by the death of the said Duke , as it was . And these were the causes , say the favourers of the House of Lancaster , why King Richard caused this Act of Parliament to pass in favour of Roger Mortimer , and in prejudice of the House of Lancaster , and not for that the right of Earl Mortimer , was better then that of the Duke of Lancaster . And this they say is no new thing , for Princes oftentimes to procure partial Laws to pass in Parliament , for matter of Succession , according to their own affections ; for the like ( say they ) did Edward the third procure in the favour of this Richard , as before I have shewed , in the last Parliament before his death ; and afterward again King Richard the third , with much more open Injustice , caused an Act of Parliament to pass in his days , whereby his Nephew John de la Pole Earl of Lincoln , Son to his Sister Elizabeth Dutchess of Suffolk , was declared Heir apparent to the Crown , excluding thereby the Children of his two elder Brothers , to wit , the daughters of King Edward the fourth , and the Son and daughter of George Duke of Clarenoe , which yet by all order should have gone before their Sisters Children . And like facility found King Henry the 8th . to get the consent of two Parliaments , to give him Authority to appoint what Successor he would , of his own Kindred ; by which Authority afterward he appointed by his Testament ( as in another place shall be shewed ) that the Issue of his younger Sister Mary , should be preferred before the Issue of his eldest Sister Margaret of Scotland . A like declaration was that also , of King Edward the sixth , of late memory , who appointed , the Lady Jane Gray his Cousen-german removed , to be his Heir and Successor in the Crown of England , and excluded his own two Sisters , the Lady Mary and the Lady Elizabeth from the same : but these declarations make little to the purpose , when right and equity do repugn , as these men say that it did , in the foresaid declaration of Roger Mortimer , to be Heir apparent ; for that they hold and avouch the House of Lancaster , to have had the true right to enter , not only after the death of King Richard the second ( as it did ) but also before him , that is to say , immediately upon the death of King Edward the third , for that John of Gaunt was then the eldest Son , which King Edward had living , and nearer to his Father by a degree , then was Richard the Nephew . About which point , to wit , whether the Uncle or Nephew should be preferred in Succession of Kingdoms , it seemeth that in this age of King Edward the third there was great trouble , and controversie in the World abroad , for so testifieth Girard du Haillan Councellor and Secretary of France , in his History of the year of Christ 1346. which was about the midst of King Edwards Reign , and therefore no marvel though King Edward took such care of the sure establishing of his Nephew Richard in Succession , as is before related . And much less marvel is it if K. Richard had still great jealousie of his Uncle the Duke of Lancaster , and of his off-spring , considering how doubtful the question was among the Wise and Learned of those days . For more declaration whereof I think it not amiss to alledge the very words of the foresaid Chronicler , with the examples by him recited : thus then he writeth . About this time ( saith he ) there did arise a great and doubtful question in the World , whether Uncles or Nephews , that is to say , the younger Brother , or else the Children of the elder , should Succeed unto Realms and Kingdoms , which controversie put all Christianity into great broils and troubles ; for first , Charles the second King of Naplis begat of Mary his Wife , Queen and Heir of Hungary , divers Children , but namely three Sons , Mar●el , Robert , and Philip ; Martel dying before his Father , left a Son named Charles , which in his Grand-mothers right was King also of Hungary ; but about the Kingdom of Naples the question was , when King Charles was dead , who should Succeed him , either Charles his Nephew King of Hungary , or Robert his second Son ; but Robert was preferred , and Reigned in Naples , and enjoyed the Earldom of Provence in France also , for the space of 33. years , with great renown of Valor and Wisdom . And this is own example that Girard recounteth , which example is reported by the famous Lawyer Bartholus in his Commentaries ▪ touching the Succession of the Kingdom of Cicilia , and he saith , that this Succession of the Uncle before the Nephew , was averred also for rightful by the Learned of that time , and confirmed for just by the judicial sentence of Pope Boniface , and that for the reasons which afterward shall be shewed , when we shall treat of this question more in particular . Another example also reporteth Girard , which ensued immediately after , in the same place , for that the foresaid King Robert , having a Son named Charles , which died before him , he left a daughter and Heir named Joan , Neece unto King Robert , which Joan was married to Andrew the younger Son of the foresaid Charles King of Hungary ; but King Robert being dead , there stept up one Lewis Prince of Tarranto , a place of the same Kingdom of Naples , who was Son to Philip before mentioned , younger Brother to King Robert , which Lewis pretending his right to be better then that of Joan , for that he was a man , and one degree nearer to King Charles his Grand-father then Joan was , ( for that he was Nephew , and she Neece once removed ) he prevailed in like manner ; and thus far Girard Historiographer of France . And no doubt but if we consider examples , that fell out even in this very age only , concerning this controversie between the Uncle and Nephew , we shall find store of them : for in Spain not long before this time , to wit , in the year of Christ 1276. was that great and famous determination made by Don Alonso the wise , eleventh King of that name , and of all his Realm and Nobility in their Courts or Parliament of Segovia , mentioned before by the Civilian , wherein they dis●inherited the Children of the Prince Don Alonso de la Cerda that died ( as our Prince Edward did ) before his Father , and made Heir apparent Don Sancho Bravo younger Brother to the said Don Alonso , and Uncle to his Children , the two young Cerda's . Which sentence standeth even unto this day , and King Philip enjoyed the Crown of Spain thereby , and the Dukes of Medina Celi , and their race that are descendents of the said two Cerda's , which were put back , are Subjects by that sentence , and not Soveraigns , as all the World knoweth . The like controversie fell out but very little after , to wit , in the time of King Edward the third in France , though not about the Kingdom , but about the Earldom of Artoys , but yet it was decided by a solemn sentence of two Kings of France , and of the whole Parliament of Paris , in favour of the Aunt against her Nephew , which albeit it cost great troubles : yet was it defended , and King Philip of Spain holdeth the County of Artoys by it at this day . Polydor reporteth the story in this manner . Robert Earl of Artoys , a man famous for his Chivalry , had two Children , Philip a Son , and Maude a daughter , this Maude was married to Otho Earl of Burgundy ; and Philip dying before his Father , left a Son named Robert the second , whose Father Robert the first being dead , the question was who should Su●●eed , either Maude the daughter , or Robert the Nephew , and the matter being remitted unto Philip le Bel King of France , as chief Lord at that time of that State , he adjudged it to Maude , as to the next in bloud ; but when Robert repined at this sentence , the matter was referred to the Parliament of Paris , which confirmed the sentence of King Philip ; whereupon Robert making his way with Philip de Valoys , that soon after came to be King of France , he assisted the said Philip earnestly to bring him to the Crown , against King Edward of England that opposed himself thereunto , and by this hoped that King Philip would have revoked the same sentence ; but he being once established in the Crown , answered , that a sentence of such importance , and so maturely given , could not be revoked . Whereupon the said Robert fled to the King of Englands part against France . Thus far Polydor. The very like sentence recounteth the same Author to have been given in England at the same time , and in the same controversie , of the Uncle against the Nephew , for the Succession to the Dukedom of Britany , as before I have related , wherein John Breno Earl of Monford , was preferred before the daughter and Heir of his elder Brother Guy , though he were but of the half bloud to the last Duke , and she of the whole . For that John the third Duke of Britany , had two Brothers , first Guy of the whole bloud , by Father and Mother , and then John Breno his younger Brother by the Fathers side only . Guy dying , left a daughter and Heir named Jane , married to the Earl of Bloys , Nephew to the King of France , who after the death of Duke John pretended in the right of his Wife , as daughter and Heir to Guy the elder Brother : but King Edward the third with the State of England , gave sentence for John Breno , Earl of Monford her Uncle , as for him that was next in consanguinity to the dead Duke , and with their Arms the State of England did put him in possession , who slew the Earl of Bloys as before hath been declared , and thereby got possession of that Realm , and held it ever after , and so do his Heirs at this day . And not long before this again , the like resolution prevailed in Scotland , between the House of Balliol and Bruse , who were competitors to that Crown , by this occasion that now I will declare . William King of Scots had Issue two Sons , Alexander that Succeeded in the Crown , and David Earl of Huntington : Alexander had Issue another Alexander , and a daughter married to the King of Norway , all which Issue and Line ended about the year 1290. David younger Brother to King William , had Issue two daughters , Margaret and Isabel , Margaret was married to Alain Earl of Galloway , and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy , who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford , that now pretended to the Crown , as descended from the eldest daughter of David in the third descent . Isabel the second daughter of David , was married to Robert Bruse , Earl of Cleveland in England , who had Issue by her this Robert Bruse , Earl of Carick , the other competitor . Now then the question between these two competitors was , which of them should Succeed , either John Balliol that was Nephew to the elder daughter , or Robert Bruse that was Son to the younger daughter , and so one degree more near to the Stock or Stem then the other . And albeit King Edward the first of England , whose power was dreadful at that day in Scotland , having the matter referred to his arbitrement , gave sentence for John Balliol , and Robert Bruse obeyed for the time , in respect partly of fear , and partly of his Oath that he had made to stand to that Judgment : yet was that sentence held to be unjust in Scotland , and so was the Crown restor'd afterward to Robert Bruse his Son , and his posterity doth hold it unto this day . In England also it self , they alledge the examples of K. Henry the first , preferred before his Nephew William , Son and Heir to his elder Brother Robert ; as also the example of K. John , preferred before his Nephew Arthur , Duke of Britany , for that King Henry the second had four Sons , Henry , Richard , Geffery , and John ; Henry died before his Father without Issue , Richard Reigned after him , and died also without Issue : Geffery also died before his Father , but left a Son named Arthur Duke of Britany , by right of his Mother . But after the death of King Richard , the question was who should Succeed , to wit , either Arthur the Nephew , or John the Uncle , but the matter in England was soon desided : for that John the Uncle was preferred before the Nephew Arthur , by reason he was more near to his Brother dead , by a degree then was Arthur : And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John , yet say these favourers of the House of Lancaster , that the English inclined still to acknowledge and admit his right , before his Nephew , and so they proclaimed this King John for King of England , while he was yet in Normandy , I mean Hubert Archbishop of Canterbury , Eleanor the Queen this Mother , Geffery Fitz-peter chief Judge of England ( who knew also what law meant therein ) and others the Nobles and Barons of the Realm , without making any doubt or scruple of his title to the Succession . And whereas those of the House of York do alledge , that King Richard in his life time , when he was to go to the holy Land , caused his Nephew Arthur to be declared Heir apparent to the Crown , and thereby did shew that his title was the better ; they of Lancaster do answer , first , that this declaration of King Richard , was not made by act of Parliament of England , for that King Richard was in Normandy when he made this declaration , as plainly appeareth both by Polidor and Hollingshed . Secondly , that this declaration was made the sooner by King Richard at that time , thereby to repress and keep down the ambitious humor of his Brother John , whom he feared least in his absence , if he had been declared for Heir apparent , might invade the Crown , as indeed without that , he was like to have done , as may appear by that which happened in his said Brothers absence , Thirdly they shew , that this declaration of King Richard was never admitted in England , neither would Duke John suffer it to be admitted , but rather caused the Bishop of Ely that was left Governour by King Richard , with consent of the Nobility , to renounce the said declaration of King Richard in favour of Arthur , and to take a contrary Oath to admit the said John , if King Richard his Brother should die without Issue ; and the like Oath did the said Bishop of Ely , together with the Archbishop of Roan , that was left in equal Authority with him , exact and take of the Citizens of London , when they gave them their Priviledges and Liberties of Commonalty , as Hollingshed recordeth . And lastly , the said Hollinshed writeth , how that King Richard being now come home again from the War of Jerusalem , and void of that jealousie of his Brother , which before I have mentioned ; he made his last Will and Testament , and ordained in the same , that his Brother John should be his successor , and caused all the Nobles there present to swear Fealty unto him , as to his next in bloud : for which cause Thomas Walsingham in his story writeth these words ; Johannis filius junior Henrici 2. Anglorum regis , & Alienorae Ducissae Aquitaniae , non modo jure propinquitatis , sed etiam testamento fratris sui Richardi , designatus est successo post mortem ipsius : which is , John younger Son of Henry the second King of England , and of Eleanor Dutchess of Aquitain , was declared successor of the Crown not only by Law and right of nearness of bloud , but also by the Will and Testament of Richard his Brother . Thus much this ancient Chronicler speaketh in the testifying of King John's Title . By all which examples , that fell out almost within one age in divers Nations over the World , ( letting pass many others which the Civilian touched in his discourse before , for that they are of more ancient times ) these favourers of the House of Lancaster do infer , that the right of the Uncle before the Nephew , was no new or strange matter in those days of King Edward the third , and that if we will deny the same now , we must call in question the succession and right of all the Kingdoms and States before-mentioned , of Naples , Sicily , Spain , Britany , Flanders , Scotland , and England , whose Kings and Princes do evidently hold their Crowns at this day by that very Title , as hath been shewed . Moreover they say , that touching Law in this point , albeit the most famous Civil Lawyers of the World , be somewhat divided in the same matter , some of them favouring the Uncle , and some other the Nephew , and that for different reasons : as Baldus Oldratus , Panormitanus , and divers others alledged by Gulielm●● Benedictus , in his Repetitions in favour of the Nephew against the Uncle . And on the other side , for the Uncle before the Nephew , Bartolus , Alexander , Decius , Altiatus , Cujatius , and many other their followers , are recounted in the same place by the same man ; yet in the end , Baldus that is held for head of the contrary side , for the Nephew , after all reasons weighed to and fro , he cometh to conclude , that seeing rigour of Law runneth only with the Uncle , for that indeed he is properly nearest in bloud by one degree , and that only indulgence and custom serveth for the Nephew , permitting him to represent the place of his Father , who is dead ; they resolve ( I say ) that whensoever the Uncle is born before the Nephew , and the said Uncle's elder Brother died before his Father , ( as it happened in the case of John of Gaunt , and of King Richard ) there the Uncle by right may be preferred , for that the said elder Brother could not give or transmit that thing to his Son , which was not in himself before his Father died , and consequently his Son could not represent that which his Father never had : and this for the Civil Law. Touching our Common Laws , the favourers of Lancaster do say two or three things ; first , that the right of the Crown , and interest thereunto , is not decided expresly in our law , nor is it a plea subject to the common rules thereof , but is superiour and more eminent ; and therefore that men may not judge of this as of other pleas of particular persons , nor is the Tryal alike , nor the common maxims or rules always of force in this thing , as in others , which they prove by divers particular cases ; as for example , the Widow of a private man shall have her thirds of all his Lands for her Dowry , but not the Queen of the Crown . Again , if a private man have many daughters , and die seized of Lands in Fee-simple , without Heir Male , his said daughters by law shall have the said Lands as co-partners equally divided between them , but not the daughters of a King , for that the eldest must carry away all , as though she were Heir male . The like also is seen , if a Baron match with a Feme that is an Inheritrix , and have Issue by her , though she die , yet shall he enjoy her Lands during his life , as Tenant by courtesie ; but it is not so in the Crown , if a man marry with a Queen , as King Philip did with Queen Mary : and so finally they say also , that albeit in private mens possessions , the common course of our law is , that if the Father die seized of Land in Fee-simple , leaving a younger Son and a Nephew , that is to say a Child of his Elder Son , the Nephew shall succeed his Grandfather , as also he shall do his Uncle , if of three Brethren the elder die without Issue , and the second leave a Son : yet in the inheritance and succession of the Crown it goeth otherwise , as by all the fotmer eight examples have been shewed , and this is the first they say about the common law . The second point which they affirm is , that the ground of our Common Laws , consisteth principally and almost only , about this point of the Crown , in custom , for so say they we see by experience , that nothing in effect , is written thereof in the common law , and all old Lawyers do affirm this point , as were Ranulfus de Granvilla in his books of the laws and customs of England , which he wrote in the time of King Henry the second , and Judge Fortescue in his book of the praise of English laws , which he compiled in the time of King Henry the sixth , and others . Whereof these men do infer , that seeing there are so many presidents and examples alledged before , of the Uncles case preferred before the Nephew , not only in foreign Countries , but also in England , for this cause ( I say ) they do affirm , that our common laws , cannot but favour also this title , and consequently must needs like well of the interest of Lancaster , as they avouch that all the best old Lawyers did in those times : and for example they do Record two by name , of the most famous learned men which those ages had , who not only defended the said title of Lancaster in those days , but also suffered much for the same . The one was the forenamed Judge Fortescue , Chancellor of England , and named Father of the common laws in that age , who fled out of England with the Queen , Wife of King Henry the sixth , and with the Prince her Son , and lived in banishment in France , where it seemeth also that he wrote his learned book intituled , de laudibus legum Angliae . And the other was , Sir Thomas Thorpe , chief Baron of the Exchequer , in the same Reign of the same King Henry the sixth , who being afterward put into the Tower by the Princes of the House of York , for his eager defence of the title of Lancaster , remained there a long time , and after being delivered , was beheaded at High-gate in a tumult , in the days of King Edward the fourth . These then are the allegations which the favourers of the House of Lancaster do lay down for the justifying of the title , affirming first , that John of Gaunt Duke of Lancaster ought to have succeeded his Father King Edward the third , immediately before King Richard ; and that injury was done unto him , in that King Richard was preferred . And secondly , that King Richard ( were his right never so good ) was justly and orderly deposed , for his evil Government , by lawful authority of the Commonwealth . And thirdly , that after his deposition , Henry Duke of Lancaster , Son and Heir of John of Gaunt , was next in succession every way , both in respect of the right of his Father , as also for that he was two degrees nearer to the King deposed , then was Edmond Mortimer descended of Leonel Duke of Clarence ; and these are the principal and substantial proofs of their right and title . But yet besides these , they do add all these other arguments and considerations following : first , that whatsoever right or pretence the House of York had , the Princes thereof did forfeit and lose the same many times , by their conspiracies , rebellions and attainders ; as namely Richard Earl of Cambridge , that married the Lady Anne Mortimer , and by her took his pretence to the Crown , was convicted of a conspiracy against King Henry the fifth in Southampton , as before I have said , and there was put to death for the same , by Judgment of the King , and of all his Peers , in the year 1415. the Duke of York his elder Brother , being one of the Jury that condemned him ▪ This Earl Richards Son , also named Richard , coming afterward by the death of his Uncle , to be Duke of York , first of all made open claim to the Crown , by the title of York . But yet after many oaths sworn and broken to King Henry the sixth , he was attainted of Treason : I mean both he and Edward his Son , then Earl of March , which afterward was King , with the rest of his off-spring even to the ninth degree ( as Stow affirmeth ) in a Parliament holden at Coventry in the year 1459. and in the 38. year of the Reign of the said King Henry , and the very next year after the said Richard was slain in the same quarrel : but the House of Lancaster ( say these men ) was never attainted of any such crime . Secondly they say , that the House of York did enter only by violence , and by infinite bloudshed , and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal , but also of both King Henry the sixth himself , and of Prince Edward his Son , and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London ; and this was the entrance of the House of York to the Crown : whereas King Henry the fourth , first King of the House of Lancaster , entred without bloudshed , as hath been shewed , being called home by the requests and letters of the people and Noblity , and his election and admission to the Crown , was orderly , and authorized by general consent of Parliament , in the doing thereof . Thirdly they alledge , that King Henry the sixth put down by the House of York , was a good and holy King , and had Reigned peaceably 40. years , and never committed any act , worthy deposition ; whereas King Richard the second had many ways deserved the same , as himself came to acknowledge , and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster , the which justified much the said Henry's entrance . Fourthly they alledge , that the House of Lancaster had been in possession of the Crown upon the point of 60● years , before the House of York did raise trouble unto them for the same , in which time their Title was confirmed by many Parliaments , Oaths , approbations , and publick Acts of the Commonwealth , and by the Nobles , Peers and people thereof , and by the States both Spiritual and Temporal , and with the consent of all foreign Nations ; so that if there had been any fault in their first entrance , yet was this sufficient to authorize the same , as we see it was in the title of King William the Conqueror , and of his two Sons King William Rufus , and King Henry the first , that entred before their elder Brether , and of King John , that entred before his Nephew , and of his Son King Henry the third that entred after his Fathers deprivation , and after the election of Prince Lewis of France , as also of Edward the third that entred by deposition of his own Father : of all which Titles , yet might there have been doubt made at the beginning , but by time and durance of possession , and by confirmation of the Commonwealth , they were made lawful , and without controversie . Fifthly they say , that if we consider the four King Henrys that have been of the House of Lancaster , to wit , the 4 , 5 , 6 , and 7 , and do compare them with the other four that have been of the House of York , to wit , Edward the fourth , Richard the third , Henry the eighth , and Edward the sixth , and all their acts both at home and abroad , what quietness or troubles have passed , and what the Commonwealth of England hath gotten or lost under each of them , we shall find , that God hath seemed to prosper and allow much more of those of Lancaster , then of those of York , for that under those of Lancaster the Realm hath enjoyed much more peace , and gaining far greater honour , and enlarged more the dominions of the Crown then under those of York , and that it had done also much more if the seditions , rebellions , and troubles raised and brought in by the Princes of the House of York , had not hindered the same , as say these men , it was evidently seen in the time of King Henry the sixth , when their contention against the Princes of the House of Lancaster , was the principal cause why all the English States in France were lost , and what garboils and troubles at home have ensued afterwards , and how infinite murthers and men slaughters with change of Nobility have been caused hereby , and increased afterward under the Government and rule of the Princes of York , needeth not ( say these men ) to be declared . One thing only they note in particular , which I will not omit ( and let it be the sixth note ) and that is , that the Princes of York have not only been rigorous and very bloudy unto their adversaires , but also among themselves , and to their kindred , which these men take to be a just punishment of God upon them : And for proof hereof , they alledge , first , the Testimony of Polydor , who albeit he were a great advocate of the House of York , as before hath been noted , for that he lived and wrote his story under King Henry the eighth , yet in one place he breaketh forth into these words , of the Princes of this House . Cum non haberent jam inimicos in quos saevitiam explerent , & saturarent , in semetipsos crudelitatem exercuerunt , proprioque sanguine s●as pollure manus . When these Princes now had brought to destruction all those of the House of Lancaster , so as they had no more enemies upon whom to fill and satiate their cruelty , then began they to exercise their fierceness upon themselves , and to imbrew their hands with their own bloud . Thus far Polydor. Secondly they do shew the same by the deeds of both sides , for that the love , union , trust , confidence , faithfulness , kindness , and Loyalty of the Princes of Lancaster , the one towards the other , is singular and notorious , as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester , and Cardinal , and of the Lord Thomas Duke of Exceter and Marquis of Dorset , Brothers of King Henry the fourth , to whom and to his Children , they were most faithful , friendly and loyal , as also by the noble proceedings of the Lords Thomas Duke of Clarence , John Duke of Bedford , and Humphry Duke of Glocester , Sons of the for●said Henry the fourth , and brothers of King Henry the fifth , ( the first of which three gave his bloud in his service , and the other two spent their whole lives in defence , of the dignity of the English Crown , the one as Regent of France , the other as Protector of England : by the worthy acts also and renowned faithfulness of the Dukes of Somerset , Cousen-je●●ans to the said King Henry the fourth , and to his Children , and the proper Ancestors of King Henry the VII ▪ all which Dukes of Somerset , of the House of Lancaster , ( being five or six in number ) did not only as Polydor saith , assist and help their Soveraign , and the whole Realm , Vigiliis curis & periculis , that is to say , with watchfulness , car●s , and offering themselves to dangers , but also four of them one after another , to wit , Edmond with his three Sons , Henry , Edmond , and John , ( whereof two successively after him were Dukes of Somerset , and the Marquess of Dorset ) were all four ( I say ) as so many Maccabees , slain in the defence of their Country and Family , by the other faction of the House of York , which thing say these men , shewed evidently both a marvelous confidence that these men had in their quarrel , as also a great blessing of God towards that Family , that they had such love and union among themselves . But now in the House of York these men endeavour to shew all the contrary , to wit , that there was nothing else but suspition , hatred , and emulations among themselves , and extreme cruelty of one against the other ; and so we see that as soon almost as Edward Duke of York came to be King , George Duke of Clarence his younger Brother conspired against him , and did help to drive him out again , both from the Realm and Crown . In recompence whereof his said elder Brother afterward , notwithstanding all the reconciliation , and many others that passed between them , of new love and union , caused him upon new grudges to be taken and murthered privily at Calis , as all the World knoweth . And after both their deaths , Richard their third Brother , murthered the two Sons of his said elder Brother , and kept in prison whiles he lived , the Son and H●ir of his second Brother ; I mean the young Earl of Warwick , though he were but a very Child , whom King Henry the seventh afterward put to death . But King Henry the eighth that succeeded them , passed all the rest in cruelty , toward his own kindred , for he weeded out almost all that ever he could find of the Bloud Royal of York , and this either for emulation , or causes of meer suspicion only . For first of all he beheaded Edmond de la Pole Duke of Suffolk , Son of his own Aunt Lady Elizabeth , that was Sister to King Edward the fourth , which Edward was Grandfather to King Henry , as is evident . The like destruction King Henry went about to bring to Richard de la Pole Brother to the said Edmond , if he had not escaped his hands by flying the Realm , whom yet he never ceased to pursue , until he was slain in the battel of Pavia in service of the King of France , by whose death was extinguished the noble house of the de la Poles . Again the said King Henry put to death Edward Duke of Buckingham , high Constable of England , the Son of his great Aunt , Sister to the Queen Elizabeth his Grandmother , and thereby overthrew also that worthy House of Buckingham , and after again he put to death his Cousen-jerman Henry C●urt●●y Marquess of Excester , Son of the Lady Catherine his Aunt , that was Daughter of King Edward the fourth , and attained joyntly with him , his Wife the Lady Gertrude , taking from her all her goods lands and inheritance , and committed to perpetual prison their only Son and Heir Lord Edward Courtney , being then but a Child of seven years old , which remained so there ▪ until many years after he was set at liberty , and restored to his living by Queen Mary . Moreover he put to death the Lady Margaret Plantagenet , Countess of Salisbury , Daughter of George Duke of Clarence , that was Brother of his Grandfather King Edward the fourth , and with her he put to death also her eldest Son and Heir Thomas Poole , Lord Montague , and committed to perpetual prison ( where soon after also he ended his life ) a little Infant named Henry Poole his Son and Heir , and condemned to death by act of Parliament ( although absent ) Renald Poole Brother to the said Lord Montague Cardinal in Rome , whereby he overthrew also the Noble House of Salisbury and Warwick : neither need I to go further in this relation , though these men do note also , how Edward the sixth put to death two of his own Uncles , the Seymers ( or at least it was done by his authority ) and how that under her Majesty that now is , the Queen of Scotland , that was next in kin of any other living and the chief titler of the House of York , hath been put to death . Lastly they do note , ( and I may not omit it ) that there is no noble house standing at this day in England in the antient state of calling that it had , and in that dignity and degree that it was in when the House of York entered to the Crown ( if it be above the State of a Barony ) but only such as defended the right and interest of the Houses of Lancaster , and that all other great Houses that took part with the House of York , and did help to ruine the House of Lancaster , are either ceased since , or exti●pated and overthrown by the same House of York it self which they assisted to get the Crown , and so at this present they are either united to the Crown by confiscation , or transferred to other lineages that are strangers to them who possessed them before . As for example , the ancient Houses of England , that remain at this day and were standing when the House of York began their title , are the House of Arundel , Oxford , Northumberland , Westmerland , and Shrewsbury ( for all others that are in England at this day , above the dignity of Barons , have been advanced since that time ) and all these five houses were these that principally did stick unto the House of Lancaster , as is evident by all English Chronicles . For that the Earl of Arundel brought in King Henry the fourth , first King of the House of Lancaster , and did help to place him in the Dignity-Royal , coming out of France with him . The Earl of Oxford , and his Son the Lord Vere , were so earnest in the defence of King Henry the sixth , as they were both slain by King Edward the fourth , and John Earl of Oxford was one of the principal assistants of Henry the seventh , to take the Crown from Richard the third . The House of Northumberland also was a principal aider to Henry the fourth in getting the Crown , and two Earls of that name , to wit , Henry the second , and third , were slain in the quarrel of King Henry the sixth ; one in the battel of St. Albans , and the other of Saxton , and a third Earl named Henry the fourth fled into Scotland with the said King Henry the sixth . The House of Westmerland also was chief advancer of Henry the fourth to the Crown , and the second Earl of that House , was slain in the party of Henry the sixth in the said battel of Saxton , and John Earl of Shrewsbury was likewise slain in defence of the title of Lancaster in the battel of N●rthampton ; And I omit many other great services and faithful endeavoure which many Princes of these five noble ancient houses , did in the defence of the Lancastrian Kings , which these men say , that God hath rewarded wi●● continuance of their houses unto this day . But on the contrary side , these men do note , that all the old houses that principally assisted . The title of York , are now extinguished , and that chiefly by the Kings themselves of that house , as for example , the principal Peers that assisted the family of York , were M●●●ray Duke of Norfolk , de la Poole Duke of Suffolk ▪ the Earl of Sa●is●u●y and the Earl of Warwi●k , of all which the event was this . John Moubray Duke of N●rfolk the first considerate of the House of York , died soon after the exaltation of Edward the fourth , without Issue , and so that name of M●ubray ceased , and the title of the D●ked●m of Norfolk was transferred afterward by King Richard the third , unto the House of the Howard● . Joh● de l● Poole Duke of Suffolk , that married the 〈◊〉 of King Edward the fourth , and was his great asisstant , though he left three Sons , yet all were extinguished without Issue , by help of the House of York , for that Edmond the eldest Son Duke of Suff●●k was beheaded by King Henry the eighth , and his Brother Richard driven out of the Realm to his destruction , as before hath been shewed , and John their Brother Earl of Lincolne , was slain at Stock-field in service of King Richard the third , and so ended the Line of de la Pooles . Richard ●ovel Earl of Salisbury , a chief enemy to the House of Lancaster , and exalter of York , was taken at the battel of Wakefield , and there beheaded , leaving three Sons , Richard , John and George : Richard was Earl both of Salisbury and Warwick , surnamed the great Earl of Warwick , and was he that placed King Edward the fourth in the Royal Seat , by whom yet he was slain afterward at Barnet , and the Lands of these two great Earldoms of Salisbury and Warwick , were united to the Crown by his att●●inder . John his younger Brother was Marquess of Montague , and after all assistance given to the said King Edward the fourth of the House of York , was slain also by him at Barnet , and his Lands in like manner confiscated to the Crown , which yet were never restored again : George Nevel their younger Brother was Archbishop of York , and was taken and sent prisoner by the said King Edward unto Guyens , who shortly pined away and died ; and this was the end of all the principal friends , helpers and advancers of the House of York , as these men do alledge . Wherefore they do conclude , that for all these reasons , and many more that might be alledged , the title of Lancaster must needs seem the beter title , which they do confirm by the general consent of all the Realm , at King Henry the seventh his coming in to recover the Crown from the House of York , as from usurpers● for having had the victory against King Richard , they Crowned him presently in the Field in the right of Lancaster , before he married with the House of York , which is a token that they esteemed his title of Lancaster sufficient of it self , to bear away the Crown , albeit for better ending of strife he took to Wife also the Lady Elizabeth Heir of the House of York , as hath been said , and this may be sufficient for the present , in this controversy . CHAP. V. Of five Principal Houses or Lineages that do or may pretend to the Crown of England , which are the Houses of Scotland , Suffolk , Clarence , Britany , and Portugal , and first of all , of the House of Scotland , which containeth the pretentions of the King of Scots and the Lady Arabella . HAving declared in the former Chapter , so much as appartaineth unto the general controversie between the two principal H●●ses and Royal families of Lancaster and York , it remaineth now that I lay before you the particular challenges , claims and pretentions , which divers houses and families descended ( for the most part ) of these two , have among themselves , for their titles to the same . All which families , may be reduced to three or four general heads . For that some do pretend by the House of Lancaster alone , as those families principally that do descend of the Line Royal of Portugal : some other do pretend by the House of York only , as those that are descended , of George Duke of Clarence , second Brother to King Edward the fourth . Some again will seem to pretend from both Houses joyned together , as all those that descend from King Henry the seventh , which are the Houses of Scotland and Suffolk ; albeit ( as before hath appeared ) others do deny that these families have any true part in the House of Lancaster , which point shall afterward be discussed more at large . And fourthly , others do pretend , before the two Houses of York and Lancaster were divided , as the Infanta of Spain , Dutchess of Savoy , the Prince of Loraign and such others , as have descended of the House of Britany and France , of all which pretences and pretenders , we shall speak in order , and consider with indifferency what is said or alledged of every side , to and fro , beginning first with the House of Scotland , as with that which in common opinion of vulgar men , is taken to be first and nearest ( though others deny it ) for that they are descended of the first and eldest daughter of King Henry the seventh , as before in the third chapter hath been declared . First , then two persons are known to be of this house at this day that may have action and claim to the Crown of England ; The first is ▪ Lord James the sixth of that name presently King of Scotland , who descended of Margaret eldest daughter of King Henry the seventh , that was married by her first marriage to James the fourth King of Scots , and by him had Issue James the fifth , and he again the Lady Mary Mother to this King now pretendant . The second person that may pretend in this house , is the Lady Arabella , descended of the self same Queen Margaret by her second marriage , unto Archibald Douglas Earl of Anguis , by whom she had Margaret that was married to Matthew Steward Earl of Lenox , and by him had Charles her second Son Earl of Lenox , who by Elizabeth daughter of Sir William Candish Knight in England , had Issue this Arabella now alive . First then , for the King of Scots , those that do favour his cause , ( whereof I confess that I have not found very many in England ) do alledge , that he is the first and chiefest pretender of all others , and next in succession , for that he is the first person that is descended ( as you see ) of the eldest daughter of King Henry the seventh , and that in this descent there cannot bastardy or other lawful impediment be avowed , why he should not succeed according to the priority of his pretention and birth : And moreover , secondly , they do alledge that it would be greatly for the honour and profit of England , for that hereby the two Realms of England and Scotland , should come to be joyned , a point long sought for , and much to be wished ; and finally such as are affected to his Religion do add , that hereby true religion will come to be more settled also and establishes in England , which they take to be a matter of no small consequence , and consideration , and this in effect is that which the favours of this Prince do alledge in his behalf . But on the other side , there want not many that do accompt this pretence of the King of Scots neither good nor just , nor any way expedient for the State of England ; and they do answer largely to all the allegations before mentioned in his behalf . And first of all , as concerning his title , by nearness of succession , they make little accompt thereof , both for that in it self ( they say ) it may easily be overthrown , and proved to be of no validity ; as also for that if it were never so good , yet might it for other considerations be rejected , and made frustrate , as our friend the Civil Lawyer , hath largely and learnedly proved these days ; in our hearing . To begin then to speak first of the King of Scots title by nearness of bloud , these men do affirm , that albeit there be not alledged any bastardy in his descent , from King Henry the seventh his daughter , as there is in her second marriage against the Lady Arabella : yet are there other reasons enough to frustrate and overthrow this claim and pretention , and first of all , for that he is not ( say these men ) of the house of Lancaster by Lady Blanch the only true Heir thereof , as before hath in part been shewed , and shall be afterward more largely , but only by Catharine Swinford , whose Children being unlawfully begotten , and but of the false bloud , whether they may by that legitimation of Parliament , that was given them , be made inheritable unto the Crown before the lawful daughter of the whole bloud , shall be discussed afterward in place convenient , when we shall talk of the House of Portugal : but in the mean space , these men do presume , that the King of Scots is but only of the House of York , and then affirming farther that the ti●le of the House of Lancaster , is better then that of York , as by many arguments the favours of Lancaster have endeavoured to shew in the former Chapter , they do infer that this is sufficient , to make void all claim of the King of Scots , that he may pretend by nearness of bloud , especially seeing there want not at this day pretenders enough of the other House of Lancaster to claim their right , so as the House of York shall not need to enter , for fault of true H●irs , and this is the first argument which is made against the Scottish King and all the rest of his lineage , by the favourers and followers of the said House of Lancaster . A second argument is made against the said Kings succession not by them of Lancaster , but rather by those of his own House of York , which is founded upon his foreign birth , by which they hold that he is excluded , by the common laws of England from succession to the Crown , for that the said laws do bar all strangers born out of the Realm , to inherit within the Land ; and this is an argument handled very largely between the foresaid books of Mr : Hales , Mr. Morgan and my Lord of Ross ; and for that the same doth concern much the pretentions and claims of divers others , that be strangers also by birth , and yet do pretend to this succession , as before hath been declared : I shall repeat briefly in this place , the sum of that which is alledged of both parties in this behalf . First then , to the general assertion , that no stranger at all may inherit any thing , by any means in England , the said books of Mr. Morgan and my Lord Ross do answer , that in that universal sense , it is false , for that it appeareth plainly by that which is set down by law in the seventh and ninth years of King Edward the fourth , and in the eleventh , and fourteenth of King Henry the fourth , that a stranger may purchase Land in England ; as also that he may inherit by his Wife if he should marry an Inheritrix . Secondly , they say , that the true maxim of rule against the Inheritance of strangers , is grounded only upon a Statute made in the 25th . year of King Edward the third , and is to be restrained unto proper inheritances only , to wit , that no person born out of all the allegiance of the King of England , whose Father and Mother were not of the same allegiance at the time of his birth ( for so are the words of the Statute ) shall be able to have or demand any heritage within the same allegiance , as Heir to any person . Thirdly they say , that this axiom or general Rule cannot any way touch or be applied to the succession of the Crown , first , for that as hath been declared before , no Axiom or Maxim of our Law can touch or be understood of matters concerning the Crown , except express mention be made thereof , and that the Crown is priviledged in many points that other private heritages be not . And secondly , for that the Crown cannot properly be called an Inheritance of Allegiance or within Allegiance , as the words of the said Statute do stand , for that it is not holden of any superior , nor with allegiance , but immediately from God. And thirdly , for that the Statute meaneth plainly of Inheritances by descent ( for otherwise as is said an Alien may hold Lands by purchase ) but the Crown is a thing incorporate , and descendeth not according to the common course of other private inheritances , but rather goeth by Succession as other Incorporations do , in sign whereof , no King can by Law avoid his Letters Patents by reason of his noneage , as other common Heirs under age do , but he is ever presumed to be of full age , in respect of his Crown , even as a Prior , Parson , Dean , or other Head Incorporate , is , which can never be presumed to be within age ; and so , as any such Head Incorporate though he be an Alien , might inherit or demand lands in England for his Incorporation , notwithstanding the former Statute , so much more the Inheritor to the Crown . Fourthly , they say , that in the very Statute it self there is express exception of Infantes du Roy , by which words , these men do hold to be understood all the Kings Off-spring or Blood Royal , and they do fortifie their proof , for that otherwise King Edward the third being then alive when this Statute against strangers was made , and his Children also , who had dispersed their bloud by marriages over all Christendom , they would never have suffered such a Statute to pass to their own prejudice , if the heritage of the Crown should fall unto them , or any of theirs , that should be born abroad . And finally , these men do shew how that King Stephen and King Henry the second , born out of the Realm , and of Parents that were not of the allegiance of England when they were born , were yet admitted to the Crown without contradiction , in respect of their forraign birth , which argueth that by the common course of our old common Laws , there was no such stop against Aliens ; and that if the Statute made in King Edward the third his days would have derogated or abridged this ancient liberty , it would have made scpecial mention thereof , which it doth not , as hath been shewed , and by reasons it seemeth , that they have answered sufficienly to this objection of forraign birth , both for the King of Scotland and all other pretenders that are foreign born , so as by this impediment they may not in right be excluded from their succession . So as now I will return to shew the other reasons of exclusion which men do lay against the House of Scotland , whereof one is urged much by the House of Suffolk , and grounded upon a certain Testament of King Henry the eighth as before hath been touched , by which Testament the said House of Suffolk , that is to say : the Heirs of the Lady Frances , and of the Lady Eleanor , Neeces to King Henry the eighth , by his second Sister Mary , are appointed to succeed in the Crown of England , before the Heirs of Margaret the first Sister , married in Scotland , if King Henry's own Children should come to die without Issue , as now they are all like to do , and this Testament had both the Kings hand or stamp unto it , and divers Witnesses names besides , and was enrolled in the Chancery , and was authorized by two Acts of Parliament , two wit , in the 28. and 35. years of King Henry , in which Parliaments , authority was given to the said King , to dispose and ordain of this point of succession , as he and his learned Councel should think best for the weal publick . This is the effect of this Argument , which albeit the former Books of Mr. Morgan and the Bishop of Ross , and some other of the Scottish favourers , do seek to refut by divers means and ways , as before in the first chapter of this discourse is set down , and especially by the Testimony of the Lord Paget , and Sir Edward Montague , that said the stamp was put unto it after the King was past sense , yet they of of the House of Suffolk are not satisfied without that answer ; for that they say that at least , howsoever that matter of the late sealing be , yet seeing the King willed it to be done , drawn out and sealed , it appeareth hereby that this was the last Will and judgment of King Henry , and not revoaked by him : which is sufficient ( say these men ) to answer the intent and meaning of the Realm , and the authority committed to him , by the foresaid two Acts of Parliament , for the disposing of the succession , which two Acts ( say these men ) containing the whole authority of the Commonwealth , so seriously and diliberately given , in so weighty an affair , may not in reason be deluded or overthrown now by the saying of one or two men , who for pleasing or contenting of the time wherein they speak , might say or guess that the Kings memory was past , when the stamp was put unto his Testament , which if it were so ; yet if he commanded ( as hath been said ) the thing to be done , while he had memory ( as it may appear he did ; both by the Witnesses that subscribed , and by the enrollment thereof in the Chancery ) no man can deny , but that this was the King's last Will , which is enough for satisfying the Parliaments intention , as these men do affirm . A fourth argument is made against the King of Scots Succession , by all the other competitors jointly , and it seemeth to them , to be an argument that hath no solution or reply , for that it is grounded upon a plain fresh Statute , made in the Parliament holden in the 27 year ( if I erre not ) of her Majesty that now is ; wherein it is enacted and decreed , that whosoever shall be convinced to conspire , attempt , or procure the death of the Queen , or to be privy or accessary to the same , shall lose all right , title , pretence , claim or action , that the same parties or their Heirs have or may have , to the Crown of England . Upon which Statute , seeing that afterward the Lady Mary late Queen of Scotland , Mother of this King , was condemned and executed by the authority of the said Parliament , it seeemeth evident , unto these men , that this King who pretendeth all his right to the Crown of England by his said Mother , can have none at all . And these are the reasons , proofs and arguments , which divers men do alledge against the right of succession , pretended by the King of Scots . But now if we leave this point which concerneth the very right it self of his succession by bloud , and will come to examine other reasons and considerations of State , and those in particular which before I have mentioned that his favourers do alledge , utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown , as also the other point also of establishment of Religion by them mentioned , then I say , these other men that are against his entrance , do produce many other reasons and considerations also , of great conveniencies ( as to them they seem ) against this point of admission and their reasons are these that follow . First touching the publick good of the English Commonwealth , by the uniting of both Realms of England and Scotland together , these men do say , that it is very doubtful and disputable whether the state of England shall receive good or harm thereby , if the said union could be brought to pass . First , for that the state and condition of Scotland well considered , it seemeth , that it can bring no other commodity to England , then increase of Subjects , and those rather to participate the commodities and riches of England , then to import any from Scotland . And then secondly , the aversion and natural alienation of that people , from the English , and their ancient inclination to joyn with the French and Irish against us , maketh it very probable , that , that subjection of theirs to the Crown of England would not long endure , as by experience we have seen , since the time of King Edward the first , when after the death of their King Alexander the third , without Issue , they chose King Edward to be their King , delivered their Towns and Fortresses into his hands , did swear him Fealty , received his Deputy or Vice-Roy , as Polydor at large declareth ; And yet all this served afterward to no other effect but only Slaughter , Bloud-shed , and infinite Losses and Charges of England . Thirdly , they say , That if the King of Scots should come to possess the Crown of England , he cannot chuse ( at least for many years ) but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England , against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him , though most contrary by natural inclination , and least tollerable in Government to English-men , as are the Scots of whom he is born , and Danes wi●h whom he is allied , and French of whom he is descended , and of the uncivil Part of Ireland , with whom one great part of his Realm hath most Conjunction ; the Authority and sway of which four Nations in England , and over English-men , what trouble it may work , every wise man may easily conjecture . Besides that , the Scotch-men themselves ( especially those of the Nobility ) do openly profess , That they desire not this Conjunction and Subordination unto England , which in no wise they can bear , both for the aversion they have to all English Government over them , as also for that their Liberties are far greater ( as now they live ) than in that case it would be suffered , their King coming hereby to be of greater Power to force them to the form of English Subjection , as no doubt but in time he would . And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union , is , That the Scotish Nation should come to be advanced in England , and to be made of the Nobility both Temporal and Spiritual , and of the Privy-Council , and other like Dignities of Credit and Confidence , ( for otherwise no union or amity can be hoped for ; ) and considering , That the King , both for his own safety , ( as hath been said ) as also for gratitude and love to his allied Friends , must needs plant them about him in chief places of Credit , which are most opposite to English Natures ; and by little and little ( through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations ) he must needs secretly begin to favour and fortifie his own , as we read that William the Conquerour did his Normands , and Canutus before him his Danes , to the incredible Calamity of the English Nation , ( though otherwise neither of them was of themselves either an evil King , or an Enemy to the English-Bloud , but driven hereunto for their own safety , and for that it was impossible to stand Newter in such national Contentions . ) If all this ( I say ) fell out so then , as we know it did , and our Ancestors felt it to their extreme Ruine , what other effect can be hop'd for now , by this violent union of Nations that are by nature so dis-united and opposite , as are the English , Scotch , Irish , Danish , French , and other on them depending , which by this means must needs be planted together in England . And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain , ( to whom yet by Law of Succession it was evident , and confessed by the Spaniards themselves ( as their Chronicler Garibay writeth ) that the Right most clearly did appertain , by his Mother Lady Blanch , eldest Daughter and Heir of King Alonso IX . ) and that they did this only for that he was a French-man , and might thereby bring the French to have chief Authority in Spain . And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela , younger Sister to the said Lady Blanch ; and if this determination at that time was thought to be wise and provident , ( tho' against all right of Lineal Succession ; ) and if we see that it had good success , for that it endureth unto this day ) what shall we say in this case , ( say these men ) where the King in question is not yet a St. Lewis , nor his Title to England so clear as that other was to Spain , and the aversion ●etwixt his Nation and ours much greater than was that betwixt the French and Spanish ? Thus they do reason . Again , we heard out of the discourse made by the Civilian before , how the States of Portugal , after the death of their King Don Ferdinando , the second of that Name , ( who left one only Daughter and Heir named Lady Beatrix , married unto John I. King of Castile , to whom the Succession without all Controversie did appertain ) they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando , named John , than to admit the true Inheritrix Beatrix with the Government of the Castilians , by whom yet ( they being much the richer People ) the Portugals might hope to reap far greater utility than English-men can do by Scotland , considering it is the poorer Countrey and Nation . And this is that in effect which these men do answer in this behalf ; noting also by the way , that the Romans themselves , with all their Power , could never bring Union or Peace between these two Nations of England and Scotland , nor hold the Scots and North-Irish in Obedience of any Authority in England , and so in the end they were enforced to cut them off , and to make that famous Wall begun by Adrian , and pursued by other Emperours , to divide them from England , and bar them from joyning as all the World knoweth ; and much less shall any one King in England now , hold them all in Obedience , let him be of what Nation he will. And this for the utility that may be hoped for by this Union . But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots ; these other men do hold that this is the worst and most dangerous point of all other , considering what the state of Religion is in Scotland at this day , and how different , or rather opposite to that form which in England is maintained ▪ and when the Archbishops , Bishops , Deans , Archdeacons , and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland , no nor any Cathedral or Collegiate Church is remained on foot , with the Ren●s and Dignities thereunto appertaining ; and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers , without any Head , who in their Synods and Assemblies have Authority to put to the Horn , and drive out of the Realm any Noble-man whatsoever , without remedy or redress , except he will yield and humble himself to them ; and that the King himself standeth in aw of this exorbitant and popular power of his Ministers , and is content to yield thereunto . It is to be thought ( say these men ) that few English , be they of what Religion or Opinion soever , will shew themselves forward to receive such a King , in respect of his Religion , that hath no better Order in his own at home . And thus much concerning the King of Scotland . Now then it remaineth that we come to treat of the Lady Arabella , second Branch of the House of Scotland , touching whose Title ( though much of that which hath been said before , for or against the King of Scotland , may also be understood to appertain unto her , for that she is of the same House , yet ) I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice . First of all then is alledged for her , and by her ●avourers , that she is descended of the foresaid Lady Margaret , eldest Daughter of King Henry VII . by her second Marriage with Archibald Douglas Earl of Anguis , and that she is in the third degree only from her ; for that she is the Daughter of Charles Stuart , who was Son of Margaret Countess of Lenox , Daughter to the said Lady Margaret Queen of Scots ; so as this Lady Arabella is but Neece once removed unto the said Queen Margaret , to wit , in equal degree of descent with the King of Scots ; which King being excluded ( as the favourers of this Woman do affirm ) by the Causes and Arguments before-alledged against him , no reason ( say they ) but that this Lady should enter into his place , as next in Bloud unto him . Secondly , it is alledged in her behalf , That she is an English woman , born in England , and of Parents who at the time of her Birth were of English Allegiance , wherein she goeth before the King of Scots , as hath been seen ; as also in this other principal point , that by her admission no such inconvenience can be feared of bringing in strangers , or causing Troubles or Sedition within the Realm , as in the pretence of the Scottish King hath been considered : And this in effect is all that I have heard alledged for her . But against her , by other Competitors and their Friends , I have heard divers Arguments of no small Importance and Consideration produced ; whereof the first is , that which before hath been alledged against the King of Scotland , to wit , that neither of them is properly of the House of Lancaster , as in the Genealogy set down in the third Chapter hath appeared . And secondly , That the title of Lancaster is before the pretence of York , as hath been proved in the fourth Chapter ; whereof is inferred , that neither the King of Scots nor Arabella is next in Succession ; And for that of these two propositions there hath been much treated before , I remit me thereunto ; only promising , That of the first of the two ( which is how King Henry VII . was of the House of Lancaster , touching Right of Succession ) I shall handle more particularly afterward , when I come to speak of the House of Portugal ; whereby also shall appear plainly what pretence of Succession to the Crown , or ●utchy of Lancaster the Descendents of the said King Henry can justly make . The second Impediment against the Lady Arabella is the aforesaid Testament of King Henry VIII . and the two Acts of Parliament for authorising of the same ; by all which is pretended that the House of Suffolk is preferred before this other of Scotland . A third Argument is , For that there is yet living one of the House of Suffolk that is nearer by a degree to the Stem to wit , Henry VII . ( to whom after the decease of Her Majesty that now is we must return than is the Lady Arabella , or the King of Scots , and that is the Lady Margaret Countess of Darby , Mother to the present Earl of Darby , who was Daughter to Lady Eleanor , Daughter of Queen Mary of France , that was second Daughter of King Henry VII . so as this Lady Margaret , Countess of Darby , is but in the third degree from the said Henry , whereas both the King of Scotland and Arabella in the fourth ; and consequently she is next in propinquity of Bloud , and how greatly this propinqui●y hath been favoured in such cases , though they were of the younger Line , the Examples before-alledged in the fourth Chapter do make manifest . Fourthly and lastly , and most strongly of all , they do argue against the title of this Lady Arabella , affirming that the descent is not free from bastardy , which they prove first , for that Queen Margaret , soon after the death of her first Husband and King James the IV. married secretly one Stuart Lord of Annerdale ; which Stuart was alive long after her marriage with Douglas : and consequently this second marriage with Douglas ( Stuart being alive ) could not be lawful , which they do prove also by another name ; for that they say it is most certain , and to be made evident , that the said Archibald Douglas Earl of Anguis had another Wife also alive , when he married the said Queen : which points they say were so publick as they came to King Henry's ears ; whereupon he sent into Scotland the Lord William Howard , Brother to the old Duke of Norfolk , and Father to the present Lord Admiral of England ; to enquire of these points , and the said Lord Howard found them to be true , and so he reported not only to the King , but also afterwards many times to others ; and namely to Queen Mary to whom he was Lord Chamberlain , and to divers others , of whom many be yet living , which can and will testifie the same , upon the relation they heard from the said Lord William's own mouth ; whereupon King Henry was greatly offended , and would have hindred the Marriage between his said Sister and Douglas , but that they were married in secrret , and had consumated their Marriage before this was known , or that the thing could be prevented , which is thought , was one especial cause and motive also to the King afterward , to put back the Issue of his said Sister of Scotland , as by his forenamed Testament is pretended ; and this touching Arabella's title by propinquity of Birth . But besides this , the same men do alledge divers reasons also of inconvenience in respect of the Commonwealth , for which in their opinions it should be hurtful to the Realm to admit this Lady Arabella for Queen ; As first of all , for that she is a Woman , who ought not to be preferred , before so many men as at this time stand for the Crown : And that it were much to have three Women to Reign in England one after the other ; whereas in the space of above a thousand years before them , there hath not reigned so many of that Sex , neither together nor asunder ; for that from Cordick , first King of the West Saxons , unto Egbert the first Monarch of the English Name and Nation , containing the space of more then 300 years , no one Woman at all is found to have Reigned ; and from Egbert to the Conquest , which is almost other 300 years , the like is to be observed ; and from the Conquest downwards , which is above 500 years , one only Woman was admitted for Inheritrix , which was Maud the Empress , Daughter of King Henry I. who yet after her ●athers death was put back , and King Stephen was admitted in her place , and she never received by the Realm , until her Son Henry II. was of age to govern himself ; and then he was received with express condition , That he should be Crowned , and govern by himself , and not his Mother ; which very condition was put also by the Spaniards not long after , at their admitting of the Lady Berenguela younger Sister of Lady Blanch , Neece to King Henry II. whereof before often mention hath been made , to wit , the Condition was , That her Son Ferdinando should govern , and not she , though his title came by her , so as this Circumstance of being a Woman hath ever been of much consideration , especially where men do pretend also , as in our Case they do . Another Consideration of these men is , that if this Lady should be advanced unto the Crown , though she be of Noble Bloud by her Fathers side , yet in respect of Alliance with the Nobility of England , she is a meer stranger ; for that her Kindred is only in Scotland , and in England she hath only the Candishes by her Mothers side ; who being but a mean Family , might cause much grudging among the English Nobility , to see them so greatly advanced above the rest , as necessarily they must be , if this Woman of their Lineage should come to be Queen ; which how the Nobility of England would b●ar , is hard to say . And this is as much as I have heard others say of this matter , and of all the House of Scotland : wherefore , with this I shall end , and pass over to treat also of the other Houses that do remain of such as before I named . CHAP. VI. Of the House of Suffolk , containing the Claims of the Countess of Darby and her Children , as also of the Children of the Earl of Hartford . IT hath appeared by the Genealogy set down before in the third Chapter , and often-times mentioned since , how that the House of Suffolk is so called , for that the Lady Mary , second Daughter of King Henry VII . being first married to Lewis XII . King of France was afterwards married to Charles Brandon Duke of Suffolk , who being sent over to condole the death of the said King , got the good will of the Widow-Queen , though the common Fame of all men was , That the said Charles had a Wife living at that day , and divers years after , as in this Chapter we shall examine more in particular . By this Charles Brandon then Duke of Suffolk , this Queen Mary of France had two Daughters ; first , the Lady Frances , married to Sir Henry Gray Marquess of Dorset , and afterwards ( in the right of his Wife ) Duke also of Suffolk , who was afterwards beheaded by Queen Mary ; And secondly , Lady Eleanor , married to Sir Henry Clifford Earl of Cumberland . The Lady Frances ( elder Daughter of the Queen and of Charles Brandon ) had Issue by her Husband the said last Duke of Suffolk three Daughters , to wit , Jane , Katharine and Mary ; which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton ; and after left by him , she was married to one M. Martin Keyes of Kent , Gentleman-Porter of the Queens Houshold , and after she died without Issue . And the Lady Jane , the eldest of the three Sisters , was married at the same time to the Lord Guilford Dudley , fourth Son to Sir John Dudley Duke of Northumberland , and was proclaimed Queen , after the death of King Edward ; for which act all three of them , to wit , both the Father , Son , and Daughter-in-law , were put to death soon after . But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were , unto Lord Henry Herbert now Earl of Pembroke ; and upon the fall and misery of her House she was left by him ; and so she lived a sole Woman for divers years , until in the beginning of this Queens days she was found to be with-child , which she affirmed was by the Lord Edward Seymor Earl of Hartford , who at that time was in France with Sir Nicholas Throgmorton the Embassador , and had purpose and license to have travelled into Italy ; but being called home in hast upon this new accident , he confessed that the Child was his , and both he and the Lady affirmed that they were man and wife ; but for that they could not prove it by Witnesses , and for attempting such a Match with one of the Blood Royal , without Privity and License of the Prince , they were Committed to the Tower , where they procured Means to meet again afterward , and had an other Child ; which both Children do yet live , and the Elder of them is called Lord Henry Beacham , and the other Edward Seymor ; the Mother of whom lived not long after , neither married the Earl again , until of late that he married the Lady Frances Howard , Sister to the Lady Sheffield ; And this is all the Issue of the elder Daughter of Charles Brandon , by Lady Mary Queen of France : The second Daughter of Duke Charles and the Queen , named Lady Eleanor , was married to Henry Lord Clifford Earl of Cumberland , and had by him a Daughter named Margaret , that married Sir Henry Stanely Lord Strange , and after Earl of Darby , by whom the said Lady ( who yet liveth ) hath had Issue Ferdinando Stanley , now Earl of Darby , William and Francis Stanley ; And this is the Issue of the House of Suffolk , to wit , this Countess of Darby , with her Children , and these other of the Earl of Hartford ; of all whose Titles , with their Impediments , I shall here briefly give an account and reason . First of all , both of these Families do joyn together in this one point , to exclude the House of Scotland both by foreign Birth , anh by the aforesaid Testament of King Henry , authorized by two Parliaments , and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged . But then secondly , they come to vary between themselves about the Priority or Propinquity of their own Succession ; for the Children of the Earl of Hartford and their Friends do alledge , That they do descend of Lady Frances , the elder Sister of Lady Eleanor , and so by Law and Reason ought to be preferred ; But the other House alledgeth against this two Impediments ; the one , That the Lady Margaret Countess of Darby now living , is nearer by one degree to the Stem , that is , to King Henry VII . then are the Children of the Earl of Hartford ; and consequently ( according to that which in the former fourth Chapter hath been declared ) she is to be preferred , albeit the Children of the said Earl were legitimate . Secondly they do affirm , That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate . First , for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living , as hath been touched , and publick Records do testifie , and not lawfully separated , nor by lawful authority , nor for just Causes , but only for temporal and worldly respects ; for that the House of Suffolk was come into misery and disgrace , whereby she remained still his true Wife , and before God , and so could have no lawful Children by any other whiles he yet lived , as yet he doth . Again , they prove the illegitimation of these Children of the Earl of Hartford ; for that it could never be lawfully proved that the said Earl and the Lady Katharine were married , but only by their own assertions , which in Law is not holden sufficient ; for which occasion the said pretended Marriage was disannulled in the Court of Arches , by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury , and Primate of England , not long after the Birth of the said Children . Furthermore , they do add yet another Bastardy also in the Birth of Lady Katharine her self ; for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances , Daughter and Heir of the Queen of France , and of Charles Brandon Duke of Suffolk , and Mother of this Lady Katharine , for ob●aining of which said Marriage , the said Marquess put away his foresaid lawful Wi●e , which was Sister to the Lord Henry Fitz Allen Earl of Arundel ; which disorder was occasion of much unkindness and hatred between the said Marquess and Earl ever after . But the power of the Marquess and favour with King Henry in Womens matters was so great at that time , as the Earl could have no remedy , but only that his said Sister ( who lived many years after ) had an Annuity out of the said Marquesses Lands during her life , and lived some years after the said Marquess ( afterwards made Duke ) was put to death in Queen Maries time . These then are three ways by which the Family of Darby to argue the Issue of Hartford to be Illegitimate ; but the other two Houses of Scotland and Clarence do urge a former Bastardy also that is common to them both , to wit , both against the Lady Frances and the Lady Eleanor ; for that the Lord Charles Brandon also Duke of Suffolk had a Wife alive ( as before hath been signified ) when he married the Lady Mary Queen of France ; by which former Wife he had Issue the Lady Powis , ( I mean the Wife of my Lord Powis of Poistlands in Wales , ) and how long after the new Marriage of her Husband Charles Brandon this former Wife did live , I cannot set down distinctly ; though I think it were not hard to take particular information thereof in England by the Register of the Church wherein she was buried ; But the Friends of the Countess of Darby do affirm that she died before the Birth of the Lady Eleanor the second Daughter , though after the Birth of the Lady Frances , and thereby they do seek to clear the Family of Darby of this Bastardy , and to lay all four upon the Children of Hartford before-mentioned ; But this is easie to be known and verified by the means before-signified . But now the Friends of Hartford do answer to all these Bastardies , That for the first two pretended by the marriages of the two Dukes of Suffolk , that either the Causes might be such , as their Divorces with their Wives might be lawful , and prove them no Marriages , and so give them place to marry again , or else that the said former Wives did die before these Dukes that had been their Husbands ; so as by a ●o●t-contract and second new Consent given between the Parties when they were now free , the said latter Marriages which were not good at the beginning , might come to be lawful afterwards , according as the Law permitteth , notwithstanding that Children begotten in such pretended Marriages , where one party is already bound , are not made legitimate by subsequent true Marriage of their Parents . And this for the first two Bastardies . But as for the third Illegitimation of the Contract between the Lady Katharine and the Earl of Hartford , by a Prae-contract made between the said Lady Katharine and the Earl of Pembroke that now liveth , they say and affirm that Prae-contract to have been dissolved afterwards lawfully and judicially in the time of Queen Mary . There remaineth then only the fourth Objection , about the secret Marriage made between the said Lady Katharine and the Earl of Hartford , before the Birth of their eldest Son now called Lord Beacham , which , to say the truth , seemeth the hardest point to be answered ; For albeit in the sight of God that Marriage might be good and lawful , if before their carnal knowledge they gave mutual consent the one to the other to be man and Wife , and with that mind and intention had carnal Copulation , which thing is also allowed by the late Council of Trent it self , which disannulleth otherwise all clandestine and secret Contracts in such States and Countries where the authority of the said Council is received and admitted ; yet to justifie these kind of Marriages in the face of the Church , and to make the Issue thereof legitimate and inheritable to Estates and Possessions : it is necessary by all Law , and in all Nations , that there should be some witness to testifie this Consent and Contract of the parties before their carnal knowledge ; for that otherwise it should lie in every particular mans hand to legitimate any Bastard of his , by his only word , to the prejudice of others that might in equity of Succession pretend to be his Heirs ; and therefore ( no doubt ) but that the Archbishop of Canterbury had great reason to pronounce this Contract of the Lady Katharine and the Earl of Hartford to be insufficient and unlawful , though themselves did affirm that they had given mutual Consent before of being Man and Wife , and that they came together , animo maritali , as the Law of Wedlock requireth ; but yet ( for that they were not able to prove their said former consent by lawful Witnesses , ) their said Conjunction was rightly pronounced unlawful ; and so I conclude that the first Son of these two Parties might be legitimate before God , and yet illegitimate before men , and consequently incapable of all such Succession as otherwise he might pretend by his said Mother . And this now is for the first begotten of these two persons ; for as touching the second Child , begotten in the Tower of London , divers men of opinion that he may be freed of this Bastardy ; for that both the Earl and the Lady being examined upon their first Child , did confess and affirm that they were Man and Wife , and that they had meaning so to be and continue ; which Confession is thought to be sufficient , both for ratifying of their old Contract , and also for making of a new , if the other had not been made before . And seeing that in the former pretended Contract and Marriage there wanted nothing for justifying the same before men , and for making it good in Law , but only external Testimony of Witnesses , for proving that they gave such mutual Consent of minds before their Carnal knowledge , ( for the presence of Priest or Minister is not absolutely necessary , ) no man can say that there wanted Witnesses for testifying of this Consent before second Copulation , by which was begotten the second Son ; for that both the Queen her self , and her Council , and as many besides as examined these Parties upon their first Act and Child-birth , are Witnesses unto them , that their full Consents and Approbations to be Man and Wife ; which they ratified afterward in the Tower , by the begetting of their second Child , and so for the reasons aforesaid , he must needs seem to be legitimate , whatsoever my Lord of Canterbury for that time , or in respect of the great Offence taken by the Estate against that Act , did or might determine to the contrary . And this is the sum of that which commonly is treated about these two Families of the House of Suffolk , to wit , of Hartford and Darby ; both which Families of Suffolk the other two opposite Houses of Scotland and Clarence do seek to exclude by the first Bastardy , or unlawful Contract between the Queen of France and Duke Charles Brandon , as hath been seen : Of which Bastardy the House of Darby doth endeavour to avoid it self , in manner ( as before hath been declared ) and preferreth it self in degree of Propinquity , not only before the aforesaid two Houses of Scotland and Clarence ; but also before this other part of the House of Suffolk , I mean the Family of Hartford , though descended of the elder Daughter ; for that the Countess of Darby doth hold her self one degree nearer in descent than are the other Pretenders of Hartford , as hath been shewed ▪ And albeit there want not many Objections and Reasons of some against this pretence of the House of Darby , besides that which I have touched before , yet for that they are for the most part personal Impediments , and do not touch the right or substance of the title , or any other important reason of State concerning the Common-wealth , but only the mislike of the persons that pretend , and of their Life and Government , I shall omit them in this place , for that , as in the beginning I promised , so I shall observe ( as much as in me lies ) to utter nothing in this Conference of ours that may justly offend , and much less touch the Honour and Reputation of any one Person of the Bloud-Royal of our Realm ; when the time of admitting or excluding cometh , then will the Realm consider as well of their Persons as of their Rights , and will see what account and satisfaction each person hath given of his former life and doings , and according to that will proceed , as is to be supposed : But to me in this place it shall be enough to treat of the first point , which is of the Right and Interest pretended by way of Succession ; And so with this I shall make an end of these Families , and pass over to others that do yet remain . CHAP. VII . Of the Houses of Clarence and Britany ; which contain the ●laims of the Earl of Huntington , with the Pooles , as also of the Lady Infanta of Spain , and others of those Families . HAving declared the Claims , Rights and Pretences which the two Noble Houses of Scotland and Suffolk ▪ descended of the two Daughters of King Henry VII have , or may have to the Succession of England , with intention afterward to handle the House of Portugal apart , which pretendeth to comprehend in it self the whole Body , or at l●ast the first and principal Branch of the ancient House of Lancaster , it shall not be amiss , perhaps by the way , to treat in this one Chapter so much as appertaineth to the two several Houses of Clarence and Britany , for that there is less to be said about them then of the other . And first of all , I am of opinion , that the Earl of Huntington , and such other pretenders as are of the House of York alone , before the Conjunction of both Houses by King Henry VII . may be named to be of the House of Clarence , and so for distinction sake I do name them , not to confound them with the Houses of Scotland and Suffolk , which are term●d also by the Lancastrians to be of the House of York alone , for that they deny them to be of the true House of Lancaster ; but principally I do name them to be of the House of Clarence , for that indeed all their Claim and Title to the Crown doth des●end from George Duke of Clarence , as before in the third Chapter , and elsewhere hath been declared ; which Duke George being Brother to King Edward IV. and put to death by his order , left Issue Edward Earl of Warwick and of Salisbury , who was put to death by King Henry VII . in his youth ; and Margaret Countess of Salisbury , which Margaret had Issue by Sir Richard Poole , Henry Poole Lord Montague , afterwards beheaded ; and he again Katharine , married to Sir Francis Hastings Earl of Huntington , by whom she had Sir Henry Hastings now Earl of Huntington , Sir George Hastings his Brother yet living , and others ; So as the Earl of Huntington , with his said Brethren , are in the fourth degree from the said George Duke of Clarence , to wit , his Nephews twice removed . The said Margaret Countess of Salisbury had a younger Son also , named Sir Geffrey Poole , who had Issue another Geffrey , and this Geffrey hath two Sons alive at this day in Italy , named Arthur and Geffrey , who are in the same degree of distance with the said Earl of Huntington , saving that some alledge for them , that they do descend all by male-kind from Margaret , and the Earl pretendeth by a Woman ; whereof we shall speak afterwards . Hereby then it is made manifest how the Earl of Huntington cometh to pretend to the Crown of England by the House of York only ; which is no other indeed , but by the debarring and disabling of all other former Pretenders , not only of Portugal , and of Britany , as strangers , but also of the Houses of Scotland and Suffolk , that hold likewise of the House of York ; and for the Reasons and Arguments which in the former two Chapters I have set down in particular against every one of them , and shall hereafter also again those that remain ; which Arguments and Objections , or any of them , if they should not be found sufficient to exclude the said other Houses , then is the Claim of this House of Huntington thereby made void ; for that it is ( as we see by the younger Child of the House of York , that is to say by the second Brother ; So as if either the pretence of Lancaster in general be better than that of Yo●k , or if in the House of York it self any of the forenamed Pretenders descended from King Edward IV. as of the elder Brother , may hold or take place , then holdeth not this title of Clarence ; for that ( as I have said ) it coming from the younger Brother , must needs be grounded only or principally upon the barring and excluding of the rest that joyntly do pretend . Of which Bars and Exclusions laid by this House of Clarence against the rest ( for that I have spoken sufficiently in the last two Chapters going before , for so much as toucheth the two Houses of Scotland and Suffolk , and shall do afterwards about the other two of Britany and Portugal ) I mean in this place to omit to say any more therein , and only to consider what the other Competitors do alledge against this House of Clarence , and especially against the pretence of the Earl of Huntington , as chief Titler thereof ; for to the excluding of him do concur not only those other of opposite Houses , but also the Pooles of his own House , as now we shall see . First th●n , the contrary Houses do alledge generally against all this House of Clarence , that seeing their Claim is founded only upon the Right of the Daughter of George Duke of Clarence , second Brother to King Edward IV. evident it is , that so long as any lawful Issue remaineth of any elder Daughter of the said King Edward the elder Brother , ( as they say much doth , and cannot be denied ) no Claim or Pretence of the younger Brothers Daughter can be admitted ; And so by standing upon this , and answering to the Objections alledged before against the elder Houses , they hold this matter for very clear , and all pretence of this House of Clarence utterly excluded . Secondly , the same opposite Houses do alledge divers Attainders against the principal Heads of the House of Clarence , whereby their whole Interests were cut off ; as namely , it is to be shewed in three descents one after another , to wit , in Duke George himself , the first Head and Beginner of this House , who was Attainted and Executed ; and then in the Lady Margaret Countess of Salisbury , his Daughter and Heir , who was likewise Attainted and Executed ; And thirdly , in her Son and Heir Henry Poole Lord Montague put also to death ; from whose Daughters both the Earl of Huntington and his Brethren , together with the Children of Sir Thomas Barrington , do descend ; And albeit some may say that the said House of Clarence hath been restored in Bloud since those Attainders , yet reply these men , That except it can be shewed that particular mention was made of reabilitating the same to this pretence of Succession to the Crown , it will not be sufficient ; as in like manner they affirm , That the same restoring in Bloud ( if any such were ) hath not been sufficient to recover the ancient Lands and Titles of Honour which this House of Clarence had before these Attainders , for that they were forfeited thereby to the Crown ; And so ( say these men ) was there forfeited thereby in like manner ( unto the next in Bloud not Attainted ) this Prerogative of succeeding to the Crown , and cannot be restored again by any general Restauration in Bloud , except special mention be made thereof , even as we see that many Houses Attainted are restored daily in Bloud , without restorement of their Titles and Dignities ; and a present Example we have in the Earl of Arundel , restored in Bloud , but not to the Title of Duke of Norfolk : And this say the opposite Houses against this House of Clarence . But now thirdly entreth in also against the Earl of Huntington the opposition of some of his own House , which is of the Issue of Sir Geffrey Poole , Brother to his Grand-father , who say , That when the Lord Henry Montague was put to death , with his Mother the Countess of Salisbury , and thereby both their Pretences and Titles cut off in them , then fell such right as they had , or might have , upon the said Sir Geffrey Poole , and not upon his Neece the Lady Katharaine , Daughter of the Lord Henry his elder Brother , and Mother of the Earl of Huntington ; and this for three Causes : First , for that he was not Attainted ; and so whether we respect his Grand-father George Duke of Clarence , or his Great-grand-father Richard Duke of York , the said Right in this respect is descended to him : And secondly , for that he was a degree nearer to the said Duke's Ancestors than was at that time his Neece Katharine ; which right of nearest Propinquity ( say these men ) is made good and lawful by all the Reasons , Examples , Presidents and Authorities alledged before in the fourth Chapter of this Conference , in favour of Uncles before their Nephews ; And it shall not need that we speak any thing more of that matter in this place , but only to remit your remembrance to that which herein hath been said before . Fourthly , they prove the same in favour of Sir Geffrey , for that the Lady Katharine was a Woman , and Sir Geffrey a man , whose priviledge is so great in a matter of Succession , ( as also hath been touched before ) that albeit they had been in equal degree , and that Sir Geffrey were not a degree before her , as he was ; yet seeing neither of them , nor their Fathers , were ever in possession of the thing pretended , Sir Geffrey should be preferred , as hath been shewed before by some Presidents , and shall be seen afterwards in the Case of Portugal ; wherein the King of Spain that now is was preferred to the Crown for that only respect , that his Competitors were Women , and in equal degree of descent with him , and he a Man. And the very like Allegations of Propinquity I heard produced for the Lady Winifred , Wife of Sir Thomas Barrington ( if she be yet alive ) to wit , that she is before the Earl of Huntington and his Brethren , by this reason of Propinquity in Bloud , for that she is one degree nearer to the stock than they . Fifthly and lastly , both these and other Competitors do alledge against the Earl of Huntington , as an important and sufficient bar against his pretence , the quality of his Religion ; which is , ( as they say ) that he hath been ever known to favour ▪ those who commonly in England are called Puritans , and not favoured by the State ; but yet this stop is alledged diversly by Competitors of divers Religions : For that such as are followers and favourers of the form of Religion received and defended by publick Authority of England at this day , whom , for distinction-sake , men are wont to call by the name of moderate Protestants ; these ( I say ) do urge this Exclusion against the Earl of Huntington , not upon any certain Law or Statute extant against the same , but ab equo & bono , as men are wont to say , and by reason of State , shewing infinite inconveniencies , hurts , damages and dangers that must needs ensue , not only to the present State of Religion in England , but also to the whole Realm and Body-politick , if such a man shall be admitted to govern . And this Consideration of State in their opinion is a more forceable Argument for Excluding such a man , then any Statute or particular Law against him could be ; for that this comprehendeth the very intention , meaning and drift of all Laws and Law-makers of our Realm , whose intentions must needs be presumed to have been at all times to have Excluded so great and manifest inconveniencies : And thus they say . But now those that are of the Roman Religion , and contrary both to Puritan and Protestant , do urge a great deal further this Argument against the Earl , and do alledge many Laws , Ordinances , Decrees and Statutes both of the Canon and Imperial Laws , as also out of the old Laws of England , which ( in their opinion ) do debar all that are not of their Religion , and consequently they would hereby Exclude both the one and the other Pretenders . And in fine , they do conclude , that seeing there wanteth not also some of their own Religion ( called by them the Catholick ) in the House of Clarence , they have so much the less difficulty to exclude the Earl of Huntington's person for his Religion , if one of that House were to be admitted of necessity . And this is so much as seemeth needful to be spoken at this time , and in this place , of this House of Clarence , and of the Pretenders thereof . It resteth then that I treat something also of the House of Britany and France , which two Houses are joyned all in one , for so much as may appertain to any Inheritance or Pretence to England , or to any parcel or particular state thereof , at home or abroad , that may follow the Succession or Right of Women , which the Kingdom of France in it self doth not , as is known ; and consequently a Woman may be Heir to the one , without the other ; that is to say , she may be Heir to some particular states of France inheritable by Women , though not to the Crown it self , and so do pretend to be the two Daughters of France that were Sisters to the late King Henry III. which Daughters were married , the one to the King of Spain that now is , who had Issue by her the Infanta of Spain , yet unmarried , and her younger Sister married to the Duke of Savoy ; and the other , to wit ; the younger Daughter of the King of France was married to the Duke of Lorrain , yet living , by whom she had the Prince of Lorrain and other Children that live at this day . This then being so clear as it is , first , that according to the common course of Succession in England ▪ and other Countries , and according to the course of all Common Law , the Infan●a of Spain should inherit the whole Kingdom of France , and all other States thereunto belonging , she being the Daughter and Heir of King Henry II. of France , whose Issue-male of the direct line is wholly extinct ; but yet for that the French do pretend their Law Salique to exclude Women , ( which we English have ever denied to be good until now ) hereby cometh it to pass that the King of Navarr pretendeth to enter , and to be preferred before the said Infanta , or her Sisters Children , though Male , by a Collateral Line . But yet her favourers say , ( I mean those of the Infanta ) that from the Dukedoms of Britany , Aquitain , and the like , that came to the Crown of France by Women , and are Inheritable by Women , she cannot be in right debarred ; as neither from any Succession or Pretence to England , if ( either by the Bloud-Royal of France , Britany , Aquitain ; or of England it self ) it may be proved that she hath any Interest thereunto , as her favourers do affirm that she hath , by these reasons following : First , for that she is of the ancient Bloud-Royal of England , even from the Conquest , by the elder Daughter of William the Conquerour , married to Allain Fergant Duke of Britany , as hath been shewed before in the second Chapter , and other places of this Conference ; And of this they infer three Consequences : First , when the Sons of the Conquerour died without Issue , or were made uncapable of the Crown , ( as it was presumed at least-wise of King Henry I. last Son of the Conquerour , that he lost his Right for the violence used to his elder Brother Robert , and unto William the said Robert's Son and Heir ) they ( say these men ) ought the said Dutchess of Britany to have entred as eldest Sister . Secondly , they say , That when Duke Robert , that both by right of Birth , and by express Agreement with William Rufus , and with the Realm of England ▪ ) should have succeeded next after the said Rufus came to die in Prison , the said Lady Constance should have succeeded him ; for that his Brother Henry being culpable of his Death , could not in right be his Heir . And thirdly , they say , That , at least wise , after the death of the said King Henry I. she and her Son ( I mean Lady Constance , and Conan Duke of Britany ) should have entred before King Stephen , who was born of Adela the younger Daughter of William the Conquerour . Secondly , they do alledge . That the Infanta of Spain descendeth also lineally from Lady Eleanor , eldest Daughter of King Henry II. married to King Alonso the ninth of that name King of Castile , whose eldest Daughter and Heir , named Blanch , ( for that their only Son Henry died without Issue ) married with the Prince Lewis VIII ▪ of France , who was Father by her to King St. Lewis of France , and so hath continued the Line of France unto this day , and joyned the same afterwards to the House of Britany ▪ as hath been declared : So as the Infanta cometh to be Heir general of both those Houses , that is , as well of Britany as France , as hath been shewed . And now by this her descent from Queen Eleanor Daughter of King Henry II. her favourers do found divers Pretences and Titles , not only to the States of Aquitain , that came to her Father by a Woman , but also to England , in manner following : First , for Aquitain , they say it came to King Henry II. by his Wife Eleanor , Daughter of William Duke of Aquitain , as before in the second Chapter at large hath been declared ; and for that the most part thereof was lost afterwards to the French in King John's time , that was fourth Son to the aforesaid King Henry , it was agreed between the said King John and the French-King Philip , that all the States of Aquitain already lost to the French , should be given in Dowry with the said Blanch to be married to Lewis VIII . then Prince of France , and so they were ; And moreover , they do alledge , That not long after this , the same States with the residue that remained in King John's hands , were all adjudged to be forfeited by the Parliament of Paris for the Death of Duke Arthur , and consequently did fall also upon this Lady Blanch , as next Heir capable of such Succession unto King John , for that yet the said King John had no Son at all ; and for this cause and for that the said States are Inheritable by Women , and came by Women , as hath been often said , these men affirm , That at this day they do by Succession appertain unto the said Lady Infanta of Spain , and not unto the Crown of France . To the Succession of England also they make pretence , by way of the said Lady Blanch married into France , and that in divers manners : First , for that King John of England , by the Murther of Duke Arthur of Britany his Nephew , ( which divers Authors do affirm , as Stow also witnesseth , was done by King John's own hands , he forfeited all his States , though his right to them had been never so good ; and for that this Murther happened in the fifth year of his Reign , and four years before his Son Henry was born , none was so near to succeed at that time as was this Lady Blanch married into France , for that she was Daughter and Heir unto King John's elder Sister Eleanor , or the said Lady Eleanor her self Queen of Spain , should have succeeded ; for that she yet lived , and died not ( as appeareth by Stephen Garribay Chronicler of Spain ) until the year of Christ 1214. which was not until the fifteenth year of the Reign of King John , and one year only before he died , so as he having yet no Issue when this Murther was committed , and losing by this forfeit all the right he had in the Kingdom of England , it followeth that the same should have gone then to his said Sister , and by her to this Lady Blanch , her Heir and eldest Daughter , married into France , as hath been said ; which forfeit also of King John these men do confirm , by his Deprivation by the Pope that soon after ensued , as also by another Deprivation made by the Barons of his Realm , as after shall be touched . Furthermore , they say , That when Arthur Duke of Britain ( whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England ) was in Prison in the Castle of Roan , suspecting that he should be murthered by his said Unkle King John , he nominated this Lady Blanch , his Cousin-jerman to be his Heir , perswading himself that he ( by the help of her Husband Prince Lewis of France , and her Father the King of Spain ) should be better able to defend and recover his or her right , to the Crown of England , than Eleanor his own Sister should be , who was also in the hands of his said Unkle ; for that he supposed that she should be made away by himself shortly after , as indeed the French Chronicler affirmeth that she was . And howsoever this matter of Duke Arthur's Testament was , yet certain it is , that when he and his Sister were put to death , the next in Kin that could succeed them in their right to England was this Lady Blanch , and her Mother Queen Eleanor , that was Sister to Arthur's Father Geffrey Duke of Britany ; for that King John their Unkle was presumed by all men to be uncapable of their Inheritance , by his putting of them to death , and Child he had yet none ; And this is the second point that these men do deduce for the Lady Infanta of Spain , by the title of Queen Eleanor and her Daughter Blanch , to whom the Infanta is next Heir . A third Interest also the same men do derive to the Infanta , by the actual Deposition of King John by the Barons and States of this Realm in the 16 th . year of his Reign , and by the Election and actual Admission of Lewis Prince of France , Husband of Lady Blanch , whom they chose with one consent , and admitted , and swore him Fealty and Obedience in London , for him , and for his Heirs and Posterity , in the year 1217. and gave him Possession of the said City and Tower of London , and of many other chief places of the Realm ; and albeit afterwards the most part of the Realm changed their minds , upon the sudden death of the said King John , and chose and admitted his young Son Henry III. a Child of 9 years old , yet do the favourers of the Infanta say , That there remaineth to her as Heir unto the said Lewis , until this day , that Interest which by this Election , Oath and Admission of the Realm remained unto this Prince Lewis , which these men affirm to be the very like case as was that of Hugo Capetus in France , who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had , by being once elected King of France , and admitted and sworn , though afterwards he was deposed again , and young Charles , surnamed the Simple was admitted in his place , as Henry III. was in England , after the Election of Lewis : But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race , so ( say these men ) may this Infanta continue and renew now the Demand of King Lewis her Ancestor ; for that Titles and Interests to Kingdoms , once rightly gotten , do never die , but remain ever for the Posterity to effectuate when they can . And thus much of this matter . But after this again , these men do shew , how that the said Infanta of Spain doth descend also from Henry III. son of King John , by the Dukes of Britany , as before in the second Chapter hath been declared , and in the Arbor and Genealogy following in the end of this Conference shall be seen ; for that King Henry , besides his two Sons Edward and Edmond , which were the beginners of the two Houses of York and Lancaster , had also a Daughter named Beatrix , married to John the second of that Name , Duke of Britany , and by him she had Arthur II. and so lineally from him have descended the Princes of that House , until their Union with the Crown of France , and from thence unto this Lady Infanta of Spain that now is , who taketh her self for proper Heir of the said House of Britany , and Heir general of France , as hath been said . By this Conjunction then of the House of Britany with the Bloud-Royal of England , the Friends of the Infanta do argue in this manner , That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York ; and considering that each of these Houses hath often-times been Attainted , and Excluded from the Succession by sundry Acts of Parliament , and at this present are opposite , and at contention among themselves , why may not this right of both Houses ( say these men ) by way of Composition , Peace and Comprize at least be passed over to the Issue of their Sister , which resteth in the Infanta ? Again , they say , That all these three Branches of the Lines , to wit , by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident , that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England , and that divers ways she may have Claim to the same ; which being granted , they infer ▪ That seeing matters are so doubtful at this day , about the next lawful Succession , and that divers of the Pretenders are excluded , some for Bastardy , some other for Religion , some for unaptness to Govern , and some for other Causes ; and seeing the Commonwealth hath such Authority to dispose in this Affair , as before the Civil-Lawyer hath declared , why may there not Consideration be had among other Pretenders , of this noble Princess also ( say these men ) especially , seeing she is unmarried , and may thereby commodate many matters , and salve many breaches , and satisfie many hopes , and give contentment to many desires , as the world knoweth . And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain ; but against this Pretence others do produce divers Arguments and Objections ; As first of all , That these her Claims be very old , and worn out , and are but Collateral by Sisters . Secondly , That she is a Stranger and Alien born Thirdly , That her Religion is contrary to the State. Unto all which Objections , the favourers aforesaid do make their Answers , And to the first , they say , That Antiquity hurteth not the goodness of a Title , when occasion is offered to advance the same ; especially ●n Titles belonging to Kingdoms , which commonly are never presumed to die , as hath been said , and nullum tempus occurrit Regi saith our Law. And as for Collateral Lines , they say , That they may lawfully be admitted to enter when the direct Lines do either fail , or are excluded , for other just respects , as in our Case they hold that it happeneth . And as for the second point of Foreign Birth , they say there hath been sufficient answer before , in treating of the House of Scotland , that in rigour it is no bar , by intention of any English Law ; yet whether in reason of State and politick Government , it may be a just impediment or no , it shall after be handled more at large , when we come to treat of the House of Portugal . To the last point of Religion they answer , that this impediment is not universal , nor admitted in the Judgment of all men , but only of those English that be of different Religion from her . But to some others ( and those many , as these men do ween ) her Religion will rather be a motive to favour her Title , then to hinder the same : so that on this ground no certainty can be builded , and this is as much as I have to say at this time , of these two Families of Clarence and Britany . CHAP. VIII . Of the House of Portugal , which containeth the Claims as well of the King and Prince of Spain to the succession of England , as also of the Dukes of Parma and Bragansa by the House of Lancaster . IT hath been oftentimes spoken before upon occasions offered , that the Princes of the House of Portugal at this day , do perswade themselves that the only remainder of the House of Lancaster resteth among them , as the only true Heirs of the Lady Blanch Dutchess and Heir of Lancaster , and first Wife of John of Gaunt ; which point of these Princes descents from the said Dutchess of Lancaster , though it be declared sufficiently before in the third and fourth Chapters , yet will I briefly here also set down and repeat again the reasons thereof , which are these that follow . John of Gaunt was Duke of Lancaster by the right of his first Wife Lady Blanch , and had by her only one Son , as also one Daughter , of whom we need here to speak , for that the other hath left no Issue now living . The Son was King Henry the 4th . who had Issue King Henry the 5th and he again Henry the 6th . in whom was extinguished all the succession of this Son Henry ▪ The daughter of John of Gaunt by Lady Blanch was called Philippa , who was married to John the first King of that name of Portugal , who had Issue by him King Edward , and he again had Issue King Alfonsus ▪ the fifth King of Portugal , and he and his off-spring had Issue again the one after the other until our times ; and so by this marriage of Lady Philippa , to their first King John , these Princes of the House of Portugal that live at this day , do pretend that the Inheritance of Lancaster is only in them , by this Lady Philippa , for that the succession of her elder Brother King Henry the fourth , is expired long ago . This in effect is their pretence , but now we will pass on to see what others say , that do pretend also to be of the House of Lancaster by a latter marriage . John of Gaunt after the death of his first Wife Lady Blanch , did marry again the Lady Constance daughter of King Peter ( surnamed the Cruel ) of Castile , and had by her one daughter only named Catharine , whom he married afterward back to Castile again , giving her to Wife to King Henry the third of that name , by whom the 〈◊〉 Issue King John , and he others ; so as lineally King Philip of Spain is descended from her , which King Philip being at this day King also of Portugal , and chief Titler of that House unto England , he joy 〈◊〉 the Inheritance of both the two daughters of John of Gaunt , in one , and so we shall not need to talk of these two daughters hereafter distinctly , but only as of one , seeing that both their descents do end in this one man. The only difficulty and dissention is then , about the Issue of the third marriage , which was of John of Gaunt wi●h Lady Catharine Swinford , whom he first kept as a Concubine , in the time of his second Wife Lady Constance , as before hath been shewed in the third Chapter , and begat of her four Children ; and after that his Wife Lady Constance was dead , he took her to Wife , for the love he bare to his Children , a little before his death , and caused the said Children to be legitimated by Authority of Parliament : and for that none of these four Children of his , have left Issue , but only one , that was John Earl of Somerset , we shall speak only of him , omitting all the rest . This John then Earl of Somerset , had Issue another John , which was made Duke of Somerset by King Henry the sixth , who with his three Sons were slain by the Princes of the House of York , in the quarrel of Lancaster , and so left only one daughter named Margaret , who by her Husband Edmond Tudor Earl of Richmond , was Count●ss of Richmond , and had by him a Son named Henry Earl of Richmond , that was after King , by the name of King Henry the seventh , and from him all his descendents both of the House of Scotland and Suffolk , do pretend also to be of the House of Lancaster , which yet can be no otherwise then now hath been declared , to wit , not from Blanch first Wife and Heir of the Dutchy of Lancaster , but from Catharine Swinford his third Wife : wherein riseth the question , whether those men ( I mean King Henry the seventh , and his descendents ) may p●●perly be said to be of the true House of Lancaster , or no ? Whereunto some do answer with a distinction , to wit , that to the Dutchy of Lancaster , whereof the first Wife Lady Blanch was Heir , these of the third marriage cannot be Heirs , but only the remainder of the Issue of the said Lady Blanch , that resteth in the Princes of the House of Portugal . But yet to the Title of the Crown of England , which came by John of Gaunt himself , in that he was third Son of King Edward the third , and eldest of all his Children that lived when the said King Edward died ; ( by which is pretended also , that he should have succeeded immediately after him , before King Richard the second , as before in the fourth Chapter hath been declared ) to this Right ( I say ) and to this Interest of the Crown , which came by John of Gaunt himself , and not by Lady Blanch , or by any other of his Wives the descendents of King Henry the seventh do say , that they may and ought to succeed ; for that John Earl of Somerset , eldest Son of John of Gaunt by Lady Catharine Swinford , though he were begotten out of matrimony , yet being afterward made legitimate , he was to inherit this right of John of Gaunt his Father , before the Lady Philippa his Sister ; for that so we see that King Edward the sixth , though younger , and but half-brother unto the Lady Mary and Elizabeth his Sisters , yet he inherited the Crown before them : and in like manner is Lord Philip Prince of Spain at this day to inherit all the States of that Crown , before his two Sisters , that be elder then he : and so likewise say these men , ought John of Somerset to have done before Philippa his eldest Sister , if he had been alive at that time , when King Henry the sixth was put down and died ; and consequently his posterity , which are the descendents of King Henry the seventh , ought to enjoy the same before the Princes of Portugal , that are the descendents of Lady Philippa his Sister . Thus say the issue of King Henry the seventh . But to this the Princes of the House of Portugal do reply , and say , first , That by this it is evident at least , that the Dukedom of Lancaster , whereof the Lady Blanch was the only Heir , must needs appertain to them alone , and this without all doubt or controversie , for that they only remain of her Issue , after extinguishing of the posterity of her elder Brother King Henry the fourth , which was extinguished by the death of King Henry the sixth , and of his only son Prince Edward ; and for this they make no question or controversie , assuring themselves that all Law , right and equity , is on their side Secondly , Touching the Succession and right to the Kingdom , they say , that John Earl of Somerset being born out of Wedlock , and in Adultery , for that his Father had an other Wife alive , when he begot him , and he continuing a Bastard so many years , could not be made Legitimate afterward by Parliament to that effect of Succession to the Crown , and to deprive Queen Philippa of Portugal , and her Children born before the other Legitimation , from their right and Succession , without their consents , for that John King of Portugal , did Marry the said Lady Philippa , with condition to enjoy all Prerogatives , that at that day were due unto her ; and that at the time when John of Gaunt did Marry the said Lady Catherine Swinford , and made her Children Legitimate by Act of Parliament ( which was in the year of Christ 1396. and 1397. ) the said Lady Philippa Queen of Portugal , had now two Sons living , named Don Alonso , and Don Edwardo , which were born in the years 1390. and 1391 that is six years before the Legitimation of John Earl of Somerset , and his Brethren ; and thereby had jus acquisitum , as the Law saith , which right once acquired and gotten , could not be taken away by any Posterior Act of Parliament afterward , without consent of the parties Interessed , for which they do alledge divers places of the Canon Law , which for that they hold not in England , I do not cite , but one example they put to shew the inconvenience of the thing ( if it should be otherwise determined then they affirm ) which is , that if King Henry the eighth that had a Bastard Son , by the Lady Elizabeth Blunt , whom he named Henry Fitz-roy , and made him both Earl of Nottingham , and Duke of Richmond and Somerset , in the 18 th . year of his Reign , at what time the said King had a lawful Daughter alive , named the Princess Mary , by Queen Catherine of Spain ; if ( I say ) the King should have offered to make this Son Legitimate by Parliament , with intent to have him succeeded after him , in the Crown , to the prejudice and open injury of the said lawful Daughter , these Men do say that he could not have done it , and if he should have done it by violence , it would not have held , and much less could John of Gaunt do the like , being no King Nor was the Act of Parliament sufficient for this point , it being a matter that depended especially ( say these men ) of the Spiritual Court , and of the Canon Law , which Law alloweth this Legitimation no further , but only as a Dispensation ; and this so far forth , only as it doth not prejudice the right of any other . Neither helpeth it any thing in this matter , the Marriage of John of Gaunt with Lady Catherine , for to make better this Legitimation ; for that as hath been said , their Children were not only naturales but Spurij , that is to say , begotten in plain Adultry , and not in simple Fornication only ; for that the one party had a Wife alive , and consequently the priveledge that the Law giveth to the Subsequent Marriage of the Parties for legitimating such Children as are born in simple Fornication ; that is to say , between parties that were single , and none of them married , cannot take place here ; So as these men conclude , that albeit this Legitimation of Parliament might serve them to other purposes , yet not to deprive the Princes of Portugal of their Prerogative to succeed in their Mothers Right , which she had when she was married to their Father . And this they affirm to have been Law and Right at that time , if the said Queen Philippa , and Earl John had been alive together , when Henry the sixth and his Son were put to death ; and that this Question had been then moved at the death of King Henry the sixth , Whether of the two , ( to wit , either the said Queen Philippa , or her younger Brother John Earl of Somerset , by the Fathers side only ) should have succeeded in the Inheritance of King Henry the sixth ? In which case , these men presume for certain , that the said Queen Philippa , legitimately born , and not John , made legitimate by Parliament , should have succeeded ; for that ( by common course of ●aw ) the Children legitimated by favour , albeit their legitimation were good and lawful , ( as this of these Children is denied to be ) yet can they never be made equal , and much less be preferred before the lawful , and legitimate by Birth . But now ( say these men ) the case standeth at this present somewhat otherwise , and more for the advantage of Queen Philippa , and her Off-spring ; For , when King Henry the sixth and his Son were extinguished , and Edward Duke of York thrust himself in to the Crown , ( which was about the year of Christ 1471. ) the foresaid Princess and Prince , Lady Philippa and Earl John were both dead , as also , their Children , and only their Nephews were alive , that is to say , there lived in Portugal King Alfonsus , the fifth of that name , Son to King Edward ; which King Edward was Child to Queen Philippa ; and the death of King Henry the sixth of England happened in the 38 th . year of the Reign of the said Alfonsus : And in England lived at the same time Lady Margaret , Countess of Richmond , Mother of King Henry the seventh , and Neece of the foresaid John Earl of Somerset , to wit , the Daughter of his Son John Duke of Somerset ; So as these two Competitors of the House of Lancaster , that is to say , King Alfonsus and Lady Margaret were in equal degree from John of Gaunt , as also , from King Henry the sixth , saving that King Alfonsus was of the whole Bloud , ( as hath been said ) and by Queen Philippa , that was legitimate ; and the Countess of Richmond was but of the half bloud , as by John Earl of Somerset , that was a Bastard legitimated The Question then is , Which of these two should have succeeded , by Right of the House of Lancaster , immediately after King Henry the sixth ? And the Lady Margaret alledgeth , That she was descended from John Earl of Somerset , that was a man , and therefore ●o be preferred ; And King Alfonsus alledged , That he being in equal degree of nearness of Bloud , with the same Countess , ( for that both were Nephews ) was to be preferred before her , for that he was a man , and of the whole Bloud to the last Kings of the House of Lancaster , and that she was a woman , and but of the half Bloud ; so that three Prerogatives he pretended before her : First , That he was a man , and she a woman : Secondly , That he descended of the lawful and elder Daughter , and she of the younger Brother legitimated : And thirdly , That he was of whole Bloud , and she but of half . And , for better fortifying of this proof of his Title , these men do alledge a certain Case , determined by the Learned of our days , as they say ; wherein ( for the first of these three Causes only ) the Succession to a Crown was adjudged unto King Philip of Spain , to wit , the Succession to the Kingdom of Portugal ; which Case was in all respects correspondent to this of ours ; For that Emmanuel King of Portugal had three Children , for s● much as appertaineth to this Affair , ( for afterward I shall treat more particularly of his Issue ) that is to say , two Sons and one Daughter , in this order , John , Elizabeth , and Edward ; even as John of Gaunt had Henry , Lady Philippa , and John. Prince John of Portugal , first Child of King Emmanuel , had Issue another John , and he had Sebastine , in whom ●he Line ●f John the first Child was extinguished : But Jo●n's Sister Elizabeth , was married to Char●●s the Emperour , and had Issue King Philip of Spain that now liveth . Edward also , younger Brother to Elizabeth or Isabel had Issue two Daughters , the one married to the Duke of Parma , and the other to the Duke of Bargansa ; so as King Philip was in equal degree with these Ladies , in respect of King Emmanuel ; for that he was Son to his eldest Daughter , and the two Dutchesses were Daughters to his younger Son ; And upon this rested the Question , Which of these should succeed ? and ●● was decided , That it appertaineth unto King Philip , for that he was a man , and his Mother was the elder Sister , though if King Philip's Mother , and the two Dutchesses Father ( I mean Lord Edward of Portugal ) had been alive together , no doubt but that he ( being a man ) should have born it away ; which ( these men say ) holdeth not in our Case ; but it is much more to our advantage ; for that it hath been shewed before , that if Queen Philippa had been alive with John Earl of Somerset , at the death of King Henry the sixth , she should have been preferred , as legitimate by Birth , and therefore much more ought her Nephew King Alfonsus to have been preferred afterward , in that he was a man , before the Neece of the said John Earl of Somerset , that was but a Woman . Thus far they . And besides all this , they do add , ( as often before I have mentioned ) that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster , and the Countess of Richmond was but of the half bloud : And for more strengthening of this Argument , they do say further , that besides that Interest or Right to the Crown which King Henry the fourth ( who was the first King of the House of Lancaster ) had by his Father John of Gaunt , in that the said John was third Son of King Edward the third , the said King Henry had divers other interests also which came of himself only , and not from his said Father ; as were ( for example ) his being called into the Realm by general voice of all the people ; his right gotten by Arms , upon the evil Government of the former King ; the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard ; his Election also by Parliament , and Coronation by the Realm ; and finally , the quiet Possession of him and his Posterity for almost sixty years , with many Confirmations of the whole Realm , by divers Acts of Parliament , Oaths , and and other Assurances , as the World knoweth ; So many ( I mean ) and so authentical , as could possibly be devised or given ; And besides all this , that when King Richard was dead , he was next in degree of Propinquity unto him , of any man living ; for that the Sons of Roger Mortimer were two degrees further off than he , as hath been shewed before . All which particular Rights and Interests were peculiar to Henry the fourth's person , and were not in his Father John of Gaunt , and therefore cannot possibly descend from him to the Issue of John Earl of Somerset , but must pass rather to the Issue of King Henry ▪ s true Sister the Queen Philippa of Portugal ; And this though it be supposed that otherwise it might be granted ( as they say it may not ) that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa ; which thing , ( say these men ) if it should be granted , yet cannot he succeed to King Henries the fourth , fifth and sixth , that descended of Blanch. And this is in effect all that I have heard disputed about this point , what Line is true Heir to the House of Lancaster , to wit , whether that of John Earl of Somerset , born of Katharine Swinford ( from whom descendeth King Henry the seventh and his Posterity ) or else that of Queen Philippa of Portugal , born of Lady Blanch , from whom are come the foresaid Princes of Portugal . But now it remaineth to examine somewhat in this place also , what and who are these Princes of the House of Portugal , so often named before , and what pretence of Succession they and every of them have or may have unto the Crown of England ? For better understanding whereof , it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal ; who albeit by divers Wives he had many Children , yet six only that he had by one Wife , of whom there remaineth hitherto Issue ) are those which may appertain unto our purpose to speak of , in respect of any pretence that may be made by them towards England ; supposing always ( which is most true ) that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch , Dutchess and Heir of the Dukedom of Lancaster , and Sister to King Henry the fourth , first King of the House of Lancaster ; so as , by her , doth , or may pretend the whole Posterity of the said King Emmanuel , unto whatsoever the said Phillippa might Inherit from her Father or Mother , or from her said Brother King of England or his Posterity . The six Children then of King Emmanuel were these following , and each of them born as here they are set down ; first Prince John that was King after his Father , by the Name of John the third . Secondly , the Lady Isabel , Married to the Emperor Charles the fifth , and Mother to King Philip of Spain that now liveth . Thirdly Lady Beatrix , Married to Charles Duke of Savoy , and Mother to Duke Philibert , the last Duke that Died , and Grand-mother to this that now Liveth . Fourthly Lord Lewis , Father to Don Antonio that now is in England . Fifthly Lord Henry , that was Cardinal and Archbishop of Ebora , and in the end King of Portugal . And sixthly Lord Edward , that was Father of the two Dutchesses of Parma and Bragansa , to wit ▪ of the Lady Mary , and Lady Catharine , both which left goodly Issue ; for that Lady Mary hath left by the last Duke of Parma , Lord Ranutius that is now Duke of Parma , and Lord Edward that is Cardinal : And the Lady Catharine Dutchess of Bragansa that yet liveth , hath Issue divers goodly Princes , as the Lord Theodosius , that is now Duke of Bragansa , and three younger Brothers , to wit , Edward , Alexander and Philip , young Princes of great expectation ; and these are the Children of King Emmanuel , whose particular Successions and Issues I shall declare somewhat more in particular . Prince John of Portugal afterward King , by name of King John the Third , had Issue another John that was Prince of Portugal ; but died before his Father , and left a Son Named Sebastian , who was King , and slain afterward by the Moors in Barbary , and so ended this first Line . The second Son , and fourth Child of King Emmanuel , was Named Lord Lewis , and died also without Issue Legitimate , as is supposed ; for that Don Antonio his Son that afterward was proclaimed King by the People of Lisbone , and now liveth in England , was taken by all men to be unlawful , as presently more at large shall be shewed ; so as after the Death of King Sebastian , there entred the Cardinal Lord Henry , which was third Son of King Emmanuel , and Great-Uncle to Sabastian lately Desceased , for that he was Brother to King John the third , that was Grand Father to King Sebastian : And albeit there wanted not some ( according as the Authors Write , which afterward I shall Name ) who affirmed and held , that King Philip of Spain should have succeeded King Sebastian before the Cardinal , for that he was nearer in Consanguinity to him than was the Cardinal ; for that , besides that King Philip was Son of King Emmanu●ls Eldest Daughter , he was Brother also to King Sebastians Mother ; yet the said Cardinal entred peaceably , and by consent of all parties ; but for that he was Old ▪ and Unmarried , and not like to leave any Child of his own ; there began presently the Contention in his days , who should be his Successor . To which Succession did pretend five Princes of the Blood-Royal of Portugal , besides the Lady Catharine Queen-Mothers of France , who pretended by her Mothers side to be Descended of one Lord Ralph Earl of Bullain in Piccardy , which Ralph was Eldest Son of Alfonsus the third King of Portugal ; which Alfonsus before he was King , to wit , in the time of his Eldest Brother King Sanches of Portugal , was Married to the Countess and Heir of Bullain Named Mathildis , and had by her this Ralph : But afterwards this Alfonsus coming to be King of Portugal , he Married again with the King of Castile's Daughter , and had by her a Son called Denyse , who reigned after him , and his Successors unto this day ; all which Succession of King Denyse and his Posterity , the said Queen Mother would have improved , and shewed that it appertained unto her by the said Raphe , and for this cause sent she to Portugal one Lord Vrban Bishop of Comince in Gascony , to plead her Cause ; which Cause of hers was quickly rejected , and only the aforesaid five Princes Descended of King Emmanuel's Children , were admitted to the Tryal for the same ; which were Don Antonio , Son of Lord Lewis the King Cardinals Elder Brother ; and King Philip of Spain , Son of Lady Elizabeth the Eldest Sister of the said Cardinal ; and Philibert Duke of Savoy , Son of the Lady Beatrix the same Cardinals Younger Sister ; and the two Dutchesses of Parma and Bragansa , named Mary and Catharine , Daughters of Lord Edward , Younger Brother of the said Cardinal , and Youngest Child of the said King Emmanuel . And for that the Lady Mary Dutchess of Parma , which was the Elder of the two Daughters , was Dead before this Controversy fell out ; her Eldest Son Lord Ranutio now Duke of Parma , pretended by her Right to the said Crown . And for that this matter was of so great Importance , every party procured to lay down their Reasons , and declared their Rights in the best manner they could ; and such as could not be present themselves in Portugal ▪ sent thither their Agents , Embassadors and Attorneys , to plead their Cause for them . Don Antonio and the Dutchess of Bragansa , as Inhabitants of that Kingdom were present , and declared their pretences , Namely Don Antonio by himself , and for himself ; and the Lady Mary of Bragansa by her Husband the Duke and his Learned Councel . The Prince of Parma sent thither for his part , one Ferdinando Farneso Bishop of Parma . The Duke of ●avoy se●t Charles of Rovere , afterward made Cardinal . The King of Spain , as the greatest pretender , sent the Lord Peter Gyron Duke of Osuna , afterward Viceroy of Naples , and Sir Christopher de Mora Knight of his Chamber at that time , but since of his Privy-Council , and lately made Earl of Castil Rodrigo in Portugal , of which Country he is a Native ; and besides these two , a great Lawyer Named Roderigo Vasques , made since ( as I hear say ) Lord President of Castil , which is as much almost as Lord Chancellor with us . All these did lay forth before the King Cardinal their several Reasons and Pretensions to the Succession of the Crown of Portugal ; for the five persons before-mentioned , whereof two were quickly excluded , to wit , the Duke of Savoy , for that his Mother was Younger Sister to King Philip's Mother , and himself also of less Age then the said King. And secondly Don Antonio was also excluded by publick and Judicial Sentence of the King Cardinal his Uncle as Illegitimate , and Born out of lawful Wedlock : And Albeit Don Antonio denyed the same , and went about to prove himself Legitimate ; affirming that his Father the Lord Lewis , before his Death had Married with his Mother in secret , and for this brought forth some Witnesses , as Namely his Mothers Sister with her Husband , and two others : Yet the King Cardinal affirmed , that upon Examination he had found them Suborned , which he said was evident to him ; partly for that they agreed not in their Speeches , and partly for that some of them had Confessed the same , to wit , that they were Suborned ; whom he cast into Prison , and caused them to be punished : And so sitting in Judgment , accompanied with four Bishops and four Lawyers , whom he had called to assist him in this Cause , he pronounced the same Don Antonio to be a Bastard ; for which the Authors that I have read about this matter , which are principally two , the first Named Hierom Frank , a Gentleman of Geno●a who Wrote ten Books in Italian of the Union of the Crown of Portugal to Castilia ; and the second is Named Joannes Antonius Viperanus a Sicilian , as I take him , who Wrote one Book only in Latine ; De obtenta Portugallia à Rege Catholico Phillippo , of Portugal got by King Philip the Catholick ; both these Books ( I say ) out of whom principally I have taken the Points which here I will touch , do severally set down the causes following ; why the King Cardinal did reject the pretence of Don Antonio before all other pretenders , and pronounced him a Bastard . First , For that he had been ever so taken all the time of his Fathers Life , and no man ever doubted thereof , or called the matter in question , until now that himself denyed the same . Secondly , for that in the time of Julius Tertius the Pope , when certain Decrees came out from Rome , against the promotion of Bastards ; the same Don Antonio Sued to the said Pope , to be Dispensed withal in that Case ; which argueth that then he knew himself not Legitimate . Thirdly , that his Father the Lord Lewis had often times both by Word and Writing testified the same , that this Antonio was his Bastard , and had signified also so much in his last Will and Testament . Fourthly , The said Cardinal as of himself , also affirmed , that if his Brother the Lord Lewis , had ever done any such thing , as to Marry this Woman , who was but Base in Birth , and of Jewish Race , as these Stories do affirm : That it is like , that he would have made some of his own Friends acquainted therewith , as a matter so much Important Important for them to know ; but he never did , though the said Cardinal avowed that himself was present with him at his death . Fifthly , he said , that if Don Antonio had been Legitimate , how happened that he did not pretend the Succession before the Cardinal himself , next after the death of Sabastin , seeing that he was to have gone before the said Cardinal by as good Right , as his other Nephew Sabastian did , if he had been Legitimate ; for that he was Son also to the Cardinals Elder Brother , as hath been said . Sixthly and lastly , the said King Cardinal avowched against Don Antonio , partly the disagreeing , and partly the open confessing of the Witnesses , that they were to be Suborned by him ; upon all which Causes and Considerations , he proceeded to the Judicial Sentence before alledged . Thus passed the matter in the Case of Don Antonio , who if he had been Legitimate , no doubt , but by all Right he should have been preferred before all the other pretenders to the Crown of Portugal , and must be at this day , towards the Crown of England , before all those that pretend of the house of Portugal , if we grant him to be Legitimate , and much more clearly may he pretend to the Dukedom of Lancaster , as before hath been declared , for that it must descend to the lawful Heir of Lady Phillipa Queen of Portugal ; whereof ensueth also , one consideration not impertinent to us of England , that seeing we hold him there for true King of Portugal , I see not how we can deny him his Right to the said Dukedom , at least of Lancaster ; whereof if we would give him but the possession with all the Appurtenances , as they lye , it were no evil entertainment for him in our Country , until he could get the possession of the Crown in his own . After the exclusions of these two pretenders , to wit , of the Duke of Savoy , and of Don Antonio , the whole controversy for Portugal , remained , between the other three , which were the King of Spain Son of Lady Isabel eldest Daughter of King Emmanuel , and the two Dutchesses of Parma and Bragansa , Daughters of the younger Son of the said King Emmanuel , to wit , of the Lord Edward Infant of Portugal . And First of all , for that the eldest of these two Ladies , to wit , Mary , Dutchess of Parma , was now dead , her Eldest Son , Lord Ranutio now Duke of Parma , entred in her place , and alledged that he represented his Mother , and she her Father Lord Edward , which Lord , if he had been alive , he should ( no doubt ) have been preferred before his Elder Sister , Lady Elizabeth Mother of King Philip , and consequently that the said Lord Edward's Issue ought to be preferred before her Issue , and this he alledged against King Philip. And against the Dutchess of Bragansa he alledged , that his said Mother was the Elder Sister , and for that cause he which now possessed her Right , and represented her Person , was to be preferred before the said Lady Katharine Dutchess of Bragansa , so that the Foundation of this pretence , of the Duke of Parma was , that he was Nephew to the Lord Edward , by his eldest Daughter , and that to King Emmanuel he was Nephew , once removed , by his Son , whereas King Philip was Nephew but by his Daughter only , and that the Lady Katharine of Bragansa was only second Daughter to the said Lord Edward . But to this was answered for the same Lady Katharine , First , that she was born and bred in Portugal , and therefore more to be favoured in this Action , than either King Philip or the Duke of Parma , which were foreign born . And secondly , against King Philip In particular , she used the same argument , that before the Duke of Parma had done , which is , that she was Daughter of Lord Edward , son of King Emmanuel , whose Right was better than his Sisters , and consequently that his Children were to be preferred before the Child of his Sister , in this pretence , to wit , before King Philip. And thirdly , against the Duke of Parma , she alledged , that she was one degree nearer in propinquity o● Blood unto King Emmanuel and unto King Henry the Cardinal , than the Duke of Parma was , which was but Nephew ▪ and she Daughter to the said Lord Edward , that was Brother to the said Lord Cardinal , and Son of King Emmanuel . And when for the Duke of Parma it was affirmed , that he represented his Mothers place , that was the elder Sister ; answer was made , that no Representation was admitted in this case of the Succession to the Crown of Portugal , but that every pretender was to be considered , and taken in his own person only , and to be preferred according to degree in propinquity of Blood to the former Princes ; and if it happened that they should be in equal degree , then each party to be preferred according to the Prerogatives only of his person , to wit , the Man before the Woman , and the Elder before the Younger . And for that the Lady Catharine of Bragansa was nearer by one degree 〈◊〉 her Father Lord Edward than was the Duke of Parma , who was but Nephew , therefore she was to be preferred , and many great Books were written by Lawyers in this Ladies behalf , and her Right was generally held in Portugal , to be preferred before the other of Pa●ma , which was not a little for the advancement of King Philip's Title before them both , as presently shall be shew●d . It was replied against this answer in the behalf of the Duke of Parma , that the last King Sebastian entred the Crown by way of Representation , and not by propinquity of Blood , for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded , than was the Cardinal , for that he was but his Nephew , to wit , his Sons Son , and the Cardinal was his Brother , and yet was the said Sebastian admitted before the Cardinal , for that he represented the Place and Right of his Father Prince John , that dyed before he inherited ; and so we see that in this case , Representation was admitted , ( said they ) and in like manner ought it to be now . To this it was said , that Sebastian was not so much preferred before his great Uncle the Cardinal , by vertue of Representation , as for that he was of the right Descendant line of King John , and the Cardinal was but of the collateral or transversal Line , and that all Law alloweth that the right Line shall first be served , and preferred before the Collateral shall be admitted ; so that hereby Representation is nothing furthered . This exclusion of Representation did greatly further and advance the pretence of King Philip , for the excluding of both these Ladies and their Issues ; for that supposing ( as this answer avoucheth ) that there is no Representation of Father or Mother or Predecessors to be admitted , but that every pretender is to be considered only in his own person ; then it followeth , ( said these men which plead for the King ) that King Philip being in equal degree of propinquity of Blood , with the two Ladies , in respect as well of King Henry yet living , ( for that they were all three children of Brother and Sister , ) it followeth that he was to be preferred before them both , as well in respect that he was Man , and they both Women ▪ as also , for that he was elder in age , and born before them both . And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings , than was King Philip , so as not respecting Representation of their Parents ▪ that is to say , not considering at all , that King Philip descended of a Woman , and the two Dutchesses , of a man , but only especting their own persons , as hath been declared , these m●n avouched , that King Philip's person was evidently to be preferred , for that he was a degree nearer in Blood than the Duke of Parma , and superior in s●x and age , to the Lady Catharine of Bragansa . Moreover , the Lawyers of King Philip's side affirmed , that he was nearer also in propinq●ity of blood to King Sebastian , the last King , than was the very King Cardinal himself , and much more than any of the other two pretenders , for that he was Brother to the said King Sebastian's Mother , and the Cardinal was but Brother to his Grandfather . And besides this , they alledged , that Portugal did belong to the Crown of Castil by divers other means of old , as for that it could not be given away by Kings of Castil in Marriage of their Daughters , as the principal parts thereof had been , as also for that when King John the I ▪ that was a Bastard , was made King of Portugal , by Election of the People , the Inheritance thereof did evidently appertain to King John of Castile , that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal , from which Inheritance of that Crown , by open injury , both she and her Posterity , ( whose Right is in King Philip at this day , ) were debarred by the intrusion of the said John , Master of Avis , bastard brother of the foresaid King Ferdinand . Thes● Reasons alledged divers Lawyers in the behalf of King Philip , and those not only Spaniards , but also of divers other Countries and Nations , as my authors before-named do avow , and many books w●●● written of this matter , and when the contention was at the hotest , then died the King Cardinal , before he could decide the same controversy , upon which occasion the King of Spain , being perswaded that his Right was best , and that he being a Monarch , and under no temporal Judge , was not bound to expect any other judgment in this Affair , nor to subject himself to any other Tribunal , but that he might by Force put himself in possession of that which he took to be his own ; if otherwise , he could not have it delivered unto him ( for so write these Authors by me named , ) seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon ; the said King Philip entred upon Portugal by Force of Arms ▪ as all the World knoweth , and holdeth the same peaceably , unto the day . And I have been the longer in setting down this contention about the Succession to the Crown of Portugal , for that it includeth also the very same pretence and contention for the Crown of England . For that all these Princes before-named , may in like manner pretend the Succession of that Interest to the House of Lancaster , and by that to the Crown of England , which doth descend from Queen Philippa eldest Daughter of John of Gaunt , Duke of Lancaster , and Sister of King Henry the IV. as hath largely been declared . And albeit that some men will s●y , that this matter is now decided , which of these Princes of the House of Portugal , entreth also thereby to the other Right of Succession of England , yet others will say no , for that the Laws of Succession in Portugal and England be different . For that in England Representation taketh places so as the children of the Son , ●hough they be Women , shall never be preferred before the Children of the Daughter , though they be Men , whereof these men do infer , that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster , and thereby also to the Crown of England , is to be preferred according to the Laws of England , and not by the Laws of other Foreign Countries ; it followeth , that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa , should be determined only by the Laws of England , where Representation taketh place , and not by the Laws of any other Nation : Thus say they . But against this , others do alledge , that the question is not here , by what Law this pretence of the Blood Royal of Portugal to the Crown of England , is to be tried , but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa , Heir of the House of Lancaster , which two Princes were King and Queen of Portugal , and their true Heir at this day hath the forenamed pretence , to the Crown of England , true and next H●●r being once known , it little importeth by what L●w he pretendeth his said Right to England , whether by that of England , or by this of Portugal , or by both , though to determine this first and chief point , who is the next and true Heir unto these foresaid King and Queen of Portugal , the Laws of Portugal must needs be Judge and not those of England , and so , seeing that by these Law● of Portugal , the King of Spain is now adjudged for next Heir to the said Prince , and is in possession of their Inheritance at this day , I mean of the Crown of Portugal ; these men say , that he must consequently Inherit also all other Rights , Dignities and Prerogatives belonging to the foresaid Princes , or to their Posterity . And thus you see now how great diversity of Arguments and Objections is and may be alledged , on different sides , about this Affair , whereby also is made manifest , how doubtful and ambiguous a matter this point of English Succession is , seeing that in one onely branch of the Pretenders , which is in the House of Portugal alone , there are so many difficulties , as here hath been touched . But now the common Objection against all these Titles and Titlers , is , that they are old and out of use , and not to be brought in question again now , especially seeing that both King Henry the VII . and his Issue have enjoyed so long the Title of the House of Lancaster , as it hath , and secondly that these Titles do appertain unto Strangers , whose Government may be dangerous many ways unto England , and especially in that which toucheth the King of Spain , who being so Great and Mighty a Monarch as he is , may prejudice greatly the English Liberty , and easily bring them into servitude , if his pretence should be Favoured , as by some it seemeth to be . This is the Speech of many men in England , and abroad at this day , whereunto yet some others do answer , that as concerning the first Objection of the oldness of the Pretence and Title , it hath shewed before , that by Law no Title to a Kingdom dyeth ever , but may take place whensoever the Party to whom it belongeth , is able to avouch it and get possession , and as for this pretence of the Line of Portugal , they say , that it hath not such great age , but that very well it may shew it self , and be had in consideration , especially at this Time , w●●n now the Issue Male of King Henry the VII . is ended , and that of Necessity we must return to have consideration of the Issue of his Daughters , before which Daughters , good Reason , ( say these men , ) is it , that the Issue of Lady Philippa Queen of Portugal should be admitted , for that albeit we would have that respect to the Issues Male of John Earl of Somerset , as to prefer it , or suffer it to enjoy the Crown , before the Issue of Queen Philippa , ( and so they say it seemeth that it was , for that King Henry the VII . was Crowned King , his Mother being alive , which yet by ordinary course of Succession should have gone before him ; ) yet say they , it is no reason that the Issue-Female of John of Somerset , or of King Henry the VII . should be preferred before the Issue-Male of the said Queen Philippa . Moreover they say , that the House of Clarence and Hutnington do pretend a Title more old and stale at this day , than this of Portugal ; for that they pretend from George Duke of Clarence , that never had the Crown , and these of Portugal pretend to be next Heir to King Henry the VI. that did wear the Crown of England for 40. Years together , after whose death , if King Alfonsus of Portugal ( who was then old and wearied with evil success of Wars ) had been so able to prefer and follow his Title , as some of that House be at this day , he would never have suffered the House of York to have entred , nor King Henry the VII . to have enjoyed it after them , by the Title of Lancaster , which Title yet of Lancaster ( say these men ) King Henry the VII . could not have in himself any way , whether we respect Queen Philippa , or John of Somerset , for by Queen Philippa they of Portugal were evidently before him , and by way of John of Somerset the Countess his Mother was as clearly before him , neither could he have any Title , as yet , by the House of Y●rk , for that he was not yet married to the Daughter of King Edward ; so as his Crowning in the Field , and whole entrance to the Kingdom , was without any actual Title at all , but only the good will of the People , as these men do hold . To the other Objection of 14. Princes and strange Government , that may come to England by these pretences of the Princes of Portugal : divers men do answer diversly , for some do grant that it may be so , that by this means England may come to be under Foreign Kings , and that no hurt , or inconvenience at all would ensue thereof to England , but rather much Good and Commodity : but other that like not well of this assertion , do say further , that if these Foreign pretences should take place , yet that all matters might be so compounded , that albeit the Prince himself which is to Rule , should be Foreign born ( which they take to be no Inconvenience ) yet that his Forces and Dependance , should be only of the English , for that he should not bring in any strange Powers into the Land , no more than did King Stephen or King Henry the II. that were born in France , or than did King Philip of Spain in Queen Marys days , or as it is thought Monsi●ur of France should have done , if he had married her Majesty that now is , as once it was supposed he should . To this said one of the Company , and is it possible , that any man should be of opinion that Foreign Government in what manner or kind soever it be , should not be inconvenient and hurtfull to England , where the People are wholly bent against it : you remember ( quoth he ) as concerning the last two Examples , that you have alledged , what Tumult and stir there was raised by some kind of Men , about the coming in of King Philip , and what there was like to have been about the entrance of Monsieur , if that purpose had gone forward . I remember well said the Lawyer , and these men that are of this opinion , will say to this , that it was but a Popular Mutiny without Reason or any good Ground at all , and only raised by some crafty Heads , that misliked the Religion of the Princes that were to enter , and for some other drifts of their own , but not of any sound Reason or Argument of State , which these men think rather to be of their side , and in good sooth they alledge so many Arguments for their Opinion , that if you should hear them , you would say it were hard to judge which Opinion had most Truth , but they are too long for this place and so ( said he I shall make an end of the matter that I have in hand , and leave this point for others to discuss . With this the whole Company shewed marvellous great desire to know the Reasons , that were on both Parties , for this matter , and so much the more , for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes , for which cause they entreated him very instantly that before he passed any further , or ended his whole discourse of the Titles , ( which hitherto they said had greatly contented them ) he would stay himself a little upon this matter , which though for a time he made great difficulty to do , yet in the end being so importuned by them , he promised that at their Meeting the next day , he would satisfie their desire , and so for that time they departed very well contented ▪ but yet as they said , with their Heads full of Titles and Titlers , to the Crown . CHAP. IX . Whether it be better to be under a Foreign or Home born Prince , and whether under a great and mighty Monarch , or under a little Prince or King. THe Company being gathered together the next day , and shewing much desire to hear the point discussed about Foreign Government , whereof mention had been made the day before , the Lawyer began to say , That for so much , as they would needs have him to enter into that matter , which of it self was full of prejudice in most mens ears and minds , for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request , as he had done in other matters before , which was to lay down only the Opinions and Reasons of other men , that had disputed this Affair on both sides before him , and of his own to affirm or deny nothing . And first of all against the Dominions of Strangers and Foreigners , he said , that he might discourse without end , and fill up whole Books and Volumes with the Reasons and Arguments , or at least wise with the dislikes and aversions , that all men commonly had to be under strangers , or to have any Aliens to bear Rule or Charge over them , be they of what Condition , State or Degree soever , and in this he said , that as well Philosophers , Lawmakers wise and good men , as others do agree commonly , for that we see both by their Words , Writings and Facts , that they abhorr to subject themselves to strange Governments , so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths , that he setteth down , he presupposeth ever that the Government shall be by People of the self same Nation , and the same thing do presume in like manner , all those Law-makers that he there mentioneth , to wit , Minois , Solon , Lycurgus , Numa Pompilius , and the rest ▪ and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia , that desired to incroach upon the Athenians and other States of Greece , as also his Orations against Aeschinos , his Adversary , that was thought secretly to Favour the said Foreign Prince , shall see what Hatred that noble Orator had against Foreign Government ; and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes , German or French Nations , or to the Spaniards at this day ; or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France , for that they take them to be Strangers , shall easily see how deeply this aversion ▪ against Strangers is rooted in their Hearts , and this for Testimony of words . But now if we will consider the Facts that have ensued about this matter , and how much Blood hath been ●hed , and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers , or for delivering themselves from the same again , if once they have faln into it , you shall behold more plainly the very Impression of Nature her self in this Affair , for of divers barbarous Nations , Realms and Cities we read in Histories , we read that they rather chose to slay and murder themselves , than to be under the Dominion of Stranger ; , others have adventured strange Attempts , and Bloody Stratagems , as the Sicilians , who in one day and at the self same hour , at the time of Evening S●ng slew all the French-men that were within the Island , whom yet themselves had called and invited thither not long before ; And the like is recorded in our English Histories of killing the Danes by English men , at one time , in most ruful manner ; And the like was oftentimes thought on also by the English against the Normans , when they Oppressed us , and by the French against the English , whiles we had Dominion in Fran●e , though neither the one nor the other of these latter designments could be effectuated , for want of Forces and Commodity , by reason of the watchfulness of the contrary part . But yet to speak only of France , the Rage and Fury of the French was generally so great and implacable against the English that Governed there , in the Reign of King Henry the VI. as both Polydor and other Histories do note , ( ●t what time , partly by the dissensions of the Houses of York and Lancaster in England , and partly by the valour of their own new King Charles the VII . they had hope to be rid of the English Dominion ) as no Perswasion or Reason , no Fear of Punishment , no Force of Arms , no Promise or Threat , no Danger , no Pity , no Religion , no Respect of God nor Man , could repress or stay them from rising and revolting every where against the English Government and Governours , murthering those of the English Nation in all parts and corners , wheresoever they found them , without remorse or compassion , until they were utterly delivered , of their Dominion . So as this matter is taught us ( say these men ) even by Nature her self , that Strangers Government is not to be admitted , and moreover the reasons before alledged against the King of Scotlands pretence , together with the example and judgments of the Realms of Spain and Portugal , who resolved rather to alter the true Order and Course of their Succession , than to admit Strangers over them , do plainly Confirm the same . And last of all , ( say these men ; ) the Authority of Holy Scripture is evident , in this behalf , for that when● God in Deuteronomy did fortel by Moses , that the Jews in time would come to change their Government , and to desire a King as other Nations round about them had ; he added yet this express Condition , that he should be only of their own Nation , for he saith , Constitues eum quem Deus tuus el●gerit de numero fratrum tuorum , non poteris altertus gentis hominem Regem facere , qui non sit frater tuus : that is , Thou shalt make a King at that time , such a one as thy Lord God shall chuse for that dignity , out of the number of thy Brethren , but thou mayst not make a King of any other Nation , but of thy own Brethren . Thus say these men , against admitting of Strangers ; and it seemeth , that their opinion and affection hath many followers , for that generally we see most men affected and inclined this way . But yet on the other side , there want not other men , who appear both wise , dis-passionate and grave , that will seem to consider this matter far otherwise , and do say , that all this is but a common vulgar prejudice of passionate men against strangers , rising partly by corruption of Nature , whereby men are inclined to think evil of others , and to bear them little affection , especially , such as Govern and bear rule over them , and so much the less by how much farther off they are from us in Kindred and Acquaintance , and partly also they say that the same riseth of lack of due consideration in the most part of men ; for that they weigh not the true Reasons , Causes or Effects of things , but only the outward shew , and so do run away with the Opinion and Apprehension of the Popular , which for the most part hath no other ground or foundation in it , but only Fancy and Imagination , or Incitation of others that endeavour to procure Tumults ; and so they say it falleth out in this point , as upon examination it shall appear . And for Proof and Declaration of this their Assertion , they do require first of all , that this ordinary and common prejudice against Strangers or strange Governments , be laid aside , so long at least , as the matter is in Disputation , and that only the true effects of good and profitable Government may be considered , without that other circumstance , whether these fruits do come from Stranger or Home-born Prince , which effects are Peace , Rest , Justice , Defence of the Innocent , Punishment of the wicked , Wealth Security , and other such benefits , that good Government is wont to bring with it to the Subjects . These things ( say these men ) are to be weighed indifferently , and without passion , by Wise men , and wheresoever these effects are more abundantly to be found , there the Government is best , and there the subjects are in best Case , whatsoever the Governours be , or of what Nation or Country soever they be . And this they shew by this example following . If in two Countries or Commonwealths , lying nigh together , the subjects of the one , should live in all Ease , Wealth and Prosperity , under a stranger , as divers states did under the Romans , and in the other they should be Beaten , Whipped and Afflicted under a home-born Prince , as we read the Sicilians were under Phalaris and Dionisius their Country-men , Tyrants ; clear it is , ( say these men ) that the stripes and Afflictions would not seem the easier , for that they come from a Natural Prince , but rather the heavier , and the others happy case under the Stranger , must needs seem to be the better , and consequently his Government rather to be wished : For that in very Truth the goodness and defect of every Government , is to be measured by the effects thereof , that redound unto the Subjects , for whose good it was first ordained , as oftentimes our Friend the Civil Lawyer hath touched and proved before . And when the Subjects do live well and prosperously , are defended and maintained in Peace , Safety and Wealth , when Justice is done equally to all men , the wicked punished , and the good advanced and rewarded , when God is honoured , and true Religion maintained , and vertue promoted ; this is that which importeth the Realm and Subjects ; and not where , or in what Country the Prince and his Officers were Born , or of what Nation , Language or Kindred they be . For that , be the Prince of what Lineage or Kindred soever , yet after he is once established in this Dignity , the Common subject can have no more conversation with him , nor receiv any more personal benefit of him , then if he were a meer stranger ; except only by those common and publick effects of his Government before-mentioned ; for that so soon as he is placed in his Dignity , he becometh a Stranger unto me , little availeth it to me , whether he be of my Blood and Country or no ; and I may say as the people of Israel in the like Case to Rehoboam , for that he was King Davids Nephew , and of the House of Jesse , thought his State assured , for that he was their Lord and Natural Prince , and so might press and afflict them at his pleasure : But they answered him plainly ; Quae nobis pars in David , vel quae haereditas in filio Jesse , what part have we in David , or what Inheritance have we in the Son of Jesse , and so they left him , and rather chose to be under Jeroboam a Stranger , and his Servant under him . This then is the first point which these men do demand , to wit , that we consider equally and according to Reason , Wisdom and Truth , and without all Partial Affect on , where and by whom , and by what Government we are likest to receive and enjoy the good and happy effects above-mentioned of Prosperity to the Subject : For that without all doubt ( say they ) that Government is to be deemed best , and that Subjection Happiest , where those Benefits are most enjoyed , let the Prince or Governour be of what Nation Lineage soever . And on the other side , that must needs be the worst Government unto me , where I shall reap fewest , and participate least of those effects , be the Prince never so much much my Countryman or Kinsman ; and though he were Born in the same City , Town or House , yea in the same Belly with me : As for Example , those men that lived ( say they ) in Spain under King P●ter the Cruel , or in England under King Richard the third , commonly called the Tyrant ; what did it avail them that those Princes were of their own Country or Blood , seeing they did that unto them , which a Stranger though never so Barbarous , would scarce have done ? As in like manner , all those Noble Houses before-mentioned in our Country , of the Dela Pools , Staffords , Plantagenets , and others , destroyed by King Henry the Eight ; what availed it them , that the said King was not only their Country-man , but also their near Kinsman : What profit or Commodity was it unto Thomas of Woodsto●k Duke of Glocester , that he lived under a King that was his Nephew , to wit ▪ King Richard the second , or to George Duke of Clarence in King Edward the fourths time , that the said King was his own Brother , when both of them were Pursued , Disgraced , and put to Death by them , and lost their Lives , Lands , Dignities , Goodly Possessions ▪ Stately Mannors , and Gorgeous Houses , with their Wives , Children , and all other Felicities of this World ; which perhaps under a Strange Prince , they might have enjoyed many a fair day and year . This is that then which these men do first require , to wit , that all Fancy and Fond Opinion of the Vulgar people be aparted in this matter , from Truth and Substance ; as also say they , we ought to desire and determine who are properly Strangers , or Foreigners , seeing some do take for Strangers and Foreigners , all those that are not of the same Dominion and Government , though otherwise they be of the same Nation and Language , according as those other men that are Enemies to Strangers , said a little before ( if you remember ) that the Princes of the House of Guise , and their Kindred are taken for Strangers in France , by them that by that means would make them odious to the people , for that their Ancestors in times past came out of Lorain , which is a Province joyning hard upon France , of the same Nation , Language and Manners , but only under another Prince . And so I my self noted in my Traveling through Italy , that the Florentines are hated and called Strangers in Siena , where they govern , albeit the one state be not 30 Miles from the other , and both of one Nation , Language , Manners and Education . And on the contrary side , we shall see , that some of different Language and Nation do hold themselves for Country-men ; as for Example , the Biscayns in Spain , do not hold the Castilians for Strangers , but are contended to be ruled by them , as by their own Country-men , albeit they be a different Nation , and have different Language and Manners , and the same I do note in the Brittains and Normans towards the French , in the Welsh also towards the English , who are a different People and of different language , and yet are they Governed peaceably by the English , and the English again do account them for their Countreymen , as may appear by that , when King Henry the VII . came to be King of England , I do not find any resistance made against him by the English , for that respect that he was of that N●tion , as evidently he was by his Fathers side , that was of the Tidders of Wales , so as this point also who be strangers and who be not seemeth to be a thing that dependeth much of the opinion and affection of each People and Nation , the one towards the other . And this being so , these men come to treat more particularly of the Purpose in hand , and do say that in two or three manners a Nation may come to be under the Government of Strangers or Foreigners , first as a Province , that is to say , as a piece or member of another Dominion , as England was in times past under the Romans , and as Ireland is under England at this day & as the Brittons are under France , & as many States of Italy be under the Crowns of Aragon and Castile . And this may come to pass either by Conquest and Force of Arms , as the Welsh came to be under the English , and the English to be under the Normans and Danes , and as Sicilia and Naples came to be under the Spaniards , and as Normandy and Aquitain came to be under the French , and as almost all the World in old time was brought to be under the Romans : or otherwise the same may come to pass by Inheritance , as Aquitaine and Normandy in times past came to England , and as Flanders with the States thereof came to the House of Austria , and as Britany to the Crown of France , or else thirdly , it may happen by mixt means , that is to say , partly by Force and partly by other means of Composition , as Millain came to Spain , and Ireland to England , according as the Irish do hold , and so Portugal hath inour dayes come to the King of Spain , for that besides his Hre●ence and Right of Inheritance , he used also Force of Arms for getting the same . Of all these three ways then evinent it is , that Conquest is the hardest and most prejudicial to the Subjects , for that there all standeth at the will and clemency of the Conquerour , whom either Anger or Fear , or Jealousy of his assurance may often drive to hold an hard hand over the Conquered , at least wise for a time , until his Estate be beetter settled , so that I marvel not though no People or Countrey commonly would willingly be Conquered , but yet Policy also teacheth such a Conquerour , whatsoever he be , that as on the one side it behoveth him to be watchful and so to fortifie himself , as the unquiet can do him no hure , so on the other side it is necessary by the same Rule of Policy to use all Favour and sweet means to content and gain those that be or may be made quiet , for better establishing of his State , even as a Physician after a vehement purgation , doth minister lenitives and soft Medicines , to calm and appease the good humours left , and to strengthen the whole body , that it may hold out . This we see to be true , not only by reason of State and Policy , as hath been said , but also by experience of all Countries , that have been conquered in Europe or other where , if the continual resisting and revolting of those that are conquered , do not cause a contrary course in the Conqueror , as it did in the Conquest of the Danes and Normands upon the English , and in the Conquest of the English upon the British or Welsh , where the often rifing of them that were overcome , enforced the Nanquishers to be much more cruel and rigorous than otherwise they would have been , for all our Histories do testifie , that King Sweno the Dane , and much more his Son , King Canutus , as also William the Conquerour , had a great desire after their victories , to have appeased , and made much of the English Nation , but that they were never quiet under them , and so in like manner the English Kings oftentimes gave their Daughters in marriage to the Princes of Wales , and many priviledges to that People , thereby to gain them , but that their continual Revolting , caused much severity and blood-shed to be used and the like severity did they use always most favours , and gave them most cause oftentimes in the very Romans towards the said Britains conquered . But where the People vanquished were content to be quiet ; and submit themselves , there the said Romans used all Favour and Moderation so as it is written of them in the first book of Macchabees . Et audivit Judas nomen Romanorum , quia sunt potentes viribus , & acquiescunt ad omnia quae postulantur ab eis : That is , And Judas Macchabeus heard the name and fame of the Romans , how they were potent in strength , and yet so gentle , as they yielded to all that was demanded at their hands . And finally their Government was so just , considerate , sweet and modest , upon all Foreign Nations , which they had conquered , as it allured divers Nations to desire to be under them , and to be rid of their own natural Kings , as of the Subjects of Antiochus and Methridates Kings of Asia and Pontus , we do read of , & some other● Princes also thereby to gratifie their Subjects , did nominate the Roman Empire , for their Successor , as did King Attalus King of Pergamus , and Ptolomy of Egypt , and others , and it is the common opinion of Learned men that the World was never more happily governed , than under the Romans , and yet were they Strangers to most of their Subjects , over which they Governed , and unto whom they were most strangers , that is to say , unto such as were furthest off from them , to those did they use always most favours , and gave them most priviledges , as both Wisdom and Reason of State did require , for that those people had most ability to rise against them , and to rebell , so as this circumstance of being Strangers hurted them nothing , but rather profited them much . The like Rule of Policy and of State have all great Monarchies used ever since , that is to say , to shew most Favour to such Subjects as be most strangers and farthest from them ; and on the contrary side , if any be to be pressed more than others , to press and burthen them most , that be most natural and nearest home , and most under , and in subjection , and surest to obey , and this is evidently seen , felt and practised by all the great States this day of the World , so as it cannot be denied . For if we look but into France , we shall find that the States of Gascony and Guyene , which are farthest off from the Court , and were once strangers and gotten by force , from the English , do pay far less Tributes at this day to the French King than those that be of the Isle of France it self , and are properly French , and in like manner the Britons , which came to that Crown by Marriage , and were old enemies , do pay much less yet than the Gascoyns , and in a manner do pay nothing at all , and the Normans do pay somewhat more than any of the two , for that they do lie somewhat nearer to Paris , and thereby are more in subjection to the Prince , though yet they pay less than the natural French-men . The Candians also which is an Island apart , and standeth under the Venetians , do not pay the third part of the Impositions ( as by my own information I learned , when I travelled Italy ) that do the natural subjects of the Venetian state in Italy . What shall I say of the Kingdoms and States of Naples , Sicily and Millain , subject to the King of Spain , called the Alcavall● which is the tenth penny of all that is bought and sold , nor are they subiect to the Inquisition of Spain , ( at l●est Naples and Millain ) nor to many other Duties , Tributes and Impositions which the natural Spaniard is subject unto ; nor is there any Law or Edict made in Spain that holdeth in those Countries , except it be allowed , ratified and confirmed by those States themselves , nor may any of their old Priviledges be infringed , but by their own consents , and when the King requireth any extraordinary Subsidies in Spain , they bear no part thereof . Whereupon these men do ask , what it hurteth these States , that they are strangers , or under Strangers , or what priviledge is it to the Spaniard at home , that he is only under his home-born King , if if he he receive less benefits by that than doth the Stranger . And is not the like also used by the State of England towards Ireland , are not the Favours and Indulgences used towards the Civil Irish that live in peace much more than to the English themselves in England ? For first , their Taxes and Payments be much less , the Laws of England bind them not , except they be allowed and received by their own Parliament in Ireland . For matters of Religion they are pressed much less than home-born Subjects , albeit their Affections to the Roman Religion be known to be much more universal , than it is in England . In all Criminal Affairs and punishing of Delicts , the manner of proceeding against the Irish is much more remiss , mild and gentle , than with the Subjects of England , so as their being strangers seems rather a Priviledg , than an hindranc eunto them . But in no other Countrey is this thing more evidently to be considered , than in the States of Flanders and low Countries , which by Inheritance ( as hath been said ) came to be under foreign Government but so much to their good and advancement ( and that in a very few years ) as scarce is credible , except to him that understandeth their former state , when they were under their home-born Princes , and do compare it with that which after they came unto , under the house of Austria , united unto the Crown of Spain . For before , for many hundred years , a man shall read nothing almost , in their Histories , but War , Sedition and Blood-shed among themselves ; and this either , one state with another before they were united together all under one Prince , or else with the Kingdom of France , of whom in those days they depended , or else ( and this most of all ) against their own Princes , of whom some have been so fierce and cruel unto them , as they have shed infinit quantity of their Blood , and among others , I read of their Count de Luys , that in one day he put to death five hundred of them by sentence of Justice in Bruxel●es , and another day within the same year he caused about a thousand to be burned to death in a Church of the Town of Nevel , besides his infinite others whom in divers Battels and Skirmishes he slew , so as oftentimes the Countrey lay almost desolate , through their domestical afflictions . But now since the time that the States came to be under Philip the first Archduke of Austria , and after King of Spain , and so remained under his Son Charles the Emperour , and his Nephew Philip the II. that now liveth , until the late Troubles and Rebellions , ( which was about the space of fifty years that they so continued in Peace before their Rebellion ) it is almost incredible how those States increased in wealth , peace and dignity ; so that as Guyc●●rdine the Italian Historiographer noteth in his description of those Countries , the whole Wealth and Riches of the World seemed to flow thither , and I my self can remember to have seen such exceeding abundance in very ordinary men of this Countrey , both for their Diet , Apparel , Furniture of House , and the like , as was wonderful , besides that for their Nobility they were all great Princes , for that every one had his Province or great Town in Government , which they ruled with that Pomp and Honour , as if they had been Absolute Lords themselves , by reason of the far distance of their Supream Prince , and so they were received with publick Honour of all Cities and Towns , and their Charges Born wheresoever they passed , as such High Estates wont to be . And albeit they had ever commonly a Stranger for Supream Governour among them under their King , which bare the name to be above them , yet did he indeed nothing but as they would have him ; and this partly for that his time of Goverment being but short , he always attended principally to get the good wills of the people , and to hold them conten●ed , and thereby to be grateful to his King at his return home ; and partly also , for that if he should attempt to do any thing against their Minds and liking , they made reply by their President and Chancellor , and other of their own Councellors , residing for the Flemish Nation in the Court of Spain ( for this Nation hath always a particular Councel there about the King , as all other Foreign Nations also have , that are under him ) and by this means they obtained lightly what they would , and brought the Governour to what they pleased ; so as in effect they were absolute Kings in themselves , and wrought their Wills in every thing , and this is in that time while the Country was quiet . But now since this Revolt , which hath indured almost these four or five and twenty years , what hath succeeded ; surely there hath not a quarter so many been punished , or put to Death in all these years by order of Justice of their King absent , as before I have shewed that there were in one day , by ther own Earls and Dukes , when they were present , and that upon far less occasion and cause given , then are these ; for if we take away the two Noblemen , Egmond and Horne , put to Death at the beginning of these Flem●sh Troubles by the Duke of Alva ( for which some men say also that he had no thanks afterward by the King ) no man of importance hath been since Executed ; and the chiefest Towns that have been and are against the King in Holland and Zeeland , are suffered until this day , to Traffique freely into Spain it self , to wit , in the Kingdom of Aragon many Heads have been strucken off , and much injustice done ; whereof then riseth this difference , no doubt for that the Flemmings are Strangers and far off , and the other near at Home and Natural-Born , so as this circumstance of being a Stranger , and dwelling far off doth them great pleasure , and giveth them priviledge above the Home-born Subjects . The like I might shew for this matter of punishment in the foresaid States of Italy ; where if a man do compare the number of them that were put to Death , pulled Down , or Afflicted by order of Justice , or otherwise at the the commandment of the Prince , in time of their own Home-born Kings , with that which hath been since , especially of the Nobility , you shall find one for twenty ; and the reason of this is , for that their own Kings were Absolute , and had to give an account to no man of their doings , and for that they were men , and had their Passions and Emulations with the Nobility , and might put the same in Execution without Account or Controlment , they pulled down and set up at their pleasure , and made oftentimes but a Jest of Noblemens Lives and Deaths : but now these that are Governours and Vice-roys for a Foreign Prince ; first they have not so great Authority or Commission , as to touch any such Principal persons Lives , without giving Relation thereof , of , first unto their King and Councel , and receive again particular order for the same ; and then they knowing that after their three years Government is ended , they must be private men again , and stay their fourty days as Subjects under the next new Governour , to give Reckoning of their doings against all that shall Accuse them ( which in these Countries they call to make their residence , ) they take heed what they do , and whom they offend , so as the condition of Nobility , is far different under such a strange Government , as this is termed , then under a Natural Prince of their own Country which oppresseth them at his pleasure . But now to draw near homeward , if we will examine and consider what hath passed in England in this point of Massacring our Nobility , by our Domestical Princes , it is a matter lamentable ▪ for it may seem that they have served oftentimes for our Princes to make disport and play with their Heads . And to let pass all those , which in time of Wars , Rebellions and Commotions , have been cut off , which occasions may seem more justifyable : I do read also in our Chronicles , that a Sangue freddo , as the Italian saith , that is to say , in time of Peace , and by Execution of Justice , at the Princes appointment , these Noblemen following , and Knights by Name , were put to Death , within the space of one five years , in King Henry the fourth his days . The Duke of Exeter , the Duke of Surry , the Archbishop of York , the Earls Salisbury , of Glocester , of Worcester and of Huntington ; the Earl Mowbray , Earl Marshal ; the Barron of Kinderton , Sir Roger Clarington Bastard Son of Edward the Black Prince , Sir Thomas Blunt , Sir Bernard Rocas , Sir Richard Vernon . And again soon after under King Edward the fourth , in almost within as little space , the Dukes of Somorset and of Exeter , the Earls of Devonshire , of Oxford , and of Keyns , the Lord Ross , the Lord Molyns , Sir Thomas Tudingham , Sir Philip Wentworth , Sir Thomas Fyndam , and many others afterwards , ( for this was but at the beginning of his Reign ) which number of Nobility , if a man should have seen them alive together with their Trains , before they had been put down , he would have said they had been a very goodly company , and pityful that so many of our own Nobility should be brought by our own Princes to such Confusion . But yet this matter may seem perhaps the less marvellous , and more excusable , under those two Kings , for that Troubles and Contentions had passed a little before in the Realm about the Succession , and herupon so many of the Nobility might be cut off : But let us see then what ensued afterwards , when things were established , and all doubt of contention about the Succession taken away , as in King Henry VIII ▪ the his days it was ; and yet do I find Registred in our Chronicles these persons following , either made away , cut off , or put down , by the said King , to wit , two Queens , Ann and Catharine , three Cardinals put down and disgraced , Woolsey , Pool , and Fisher , whereof the last was Beheaded ; soon after his Dignity given him in Rome , and the first was Arrested , the second Attainted of imagined Treasons : three Dukes put down , to wit , the Noble Dukes of Buckingham , Suffolk , and Norfolk ; whereof the last lost his Lands , Dignities and Liberty only , the former two both Lands and Lives . A Marquess with two Earls Beheaded , Devonshire , Kyldare and Surrey ; two Countesses Condemned to die , Devonshire and Salisbury , and the latter Executed : Lords many , as the Lord Darcy , the Lord Hussey , the Lord Montague , the Lord Leonard Gray , the Lord Dacers of the South , the Lord Cromwel , and six or seven Abbots , Knights also in great number , as five in one day , with the Lords Hussey and Darcy , and five in another day , with the Earl of Kildare , whose Uncles they were ; and besides them , Sir Thomas Moor , Sir Rice Griffith , Sir Edward Nevel , Sir John Nevel , Sir Nicholas Carew , Sir Adrian Fortescue , and divers other Knights of great Account ; and then Gentlemen almost without end . And all these within the space of 20 years of his Reign , and in the time of peace ; and if we look upon but four or five years together of the Reign of this mans Children , we shall see the like course continued , for we shall see put to death within the space of four years , all these following by Name , the Duke of Somerset , the Duke of Suffolk , the Duke of Northumberland , and the Lord Admiral of England , Sir Miles Partridge , Sir Ralph Vane , Sir Michael Stanhope , Sir Thomas Arundel , Sir John Gates , Sir Thomas Palmer Knights , with divers other Gentlemen of their Retinue , and all these by Natural , Domestical and Home-born Princes ; whereas I dare adventure the greatest Wager that I can make , that you shall not find so many put to death of the Nobility by any strange Prince , State , or Commonwealth Christian , in any Foreign Dominion that they possess , in many Ages together ; and the reason thereof is evident , by that I said before , neither were it policy or wisdom , nor could the causes be so often , nor ordinarily given by the Nobility to a Prince that were absent from them to use such Severity ; so as by this it may also appear , that to be under a Foreign Government , even in the worst kind thereof , that can be devised , which is to be as a Province or piece of another Kingdom , and to come under it by very Conquest it self , is not so dangerous a matter , as at the first shew it may seem , and much less to be under Foreign Government , by other sweeter means of Succession , or Composition , as the present case of England seemeth to import , in respect of those foreign Princes which do pretend to the Succession thereof . And this is not only shewed and declared by the state and condition of Flanders , before their tumults ; but in like manner it is seen by the present state of Britanny , Normandy , Aquitaine , Provence , and other Dukedoms and Countries in France , that were wont to have their own particular Princes , and now are much more commodiously under the Crown of France . The like is seen by the States of Naples , Millain , Sicily , Sardinia , and other parts and Countries of Italy , which were wont to be under Kings and Princes of their own , and now are under the Crowns of Aragon and Castile , with infinite odds of peace , rest , security and wealth , then they were before when they had domestical Princes , and so themselves do confess , I mean the wise and dispassionate among them ; ( for of the Vulgar in this case no account is to be made , ) and if they should deny it , yet the thing speaketh it self , and the publick Histories of their Countries would convince them , wherein it is to be read , what Phalaris , what Dionysius and other home●born Tyrants Sicily , ( for example , ) hath had and suffered , and with what infinite cruelty they and divers others of their own Governours have exercised upon them , as also what continual turmoils there were in the City of Naples and in all that Kingdom for many years together , after it self fell from the Government , first of the Roman Empire , and then of the Grecian , until it came to the Crown of Aragon , I mean between their own domestical Kings , now of the Blood of Italians , now of the Normans , now of the Hungarians , and now of the French , ( for of all these Lines there have reigned among them ) and the Realm was a perpetual prey to Souldiers , and the very like may be said of Millain , after their fall from the Roman Empire , ( under which they lived quiet and prosperously , ) until they came again to be under the Crown of Spain , they passed infinite Tribulations first by the contention of their common People against their Nobility , and then by the Bloody falling out of their chief Families , the one against the other , to wit , the Furiani , Visconti , Marcelli , Castilioni and Ssorzi , ( which Family last of all prevailed , ) he , I say , that shall remember this ; and then behold the present state with the quiet peace , safety and riches wherein they now live , will now live , wi●l easily confess that they have changed for the better , though they be under Foreign Government : and thus much of this point . There remaineth to speak a word or two about the second part of the Question before proposed and included partly in this which already hath been treated , to wit , whether it be better to be under a little or great King , which question though it may be decided in part by that which before hath been alledged , about being under a foreign Prince , yet more particularly to make the same plain , these men do say that the reasons be many and evident to prove that the subjection to a great and mighty Monarch is far better : First for that he is best able to defend and protect his Subjects : And secondly , for that he hath least need ordinarily to pill and pole them ; for that a little King , be he never so mean , yet must he keep the State of a King , and his subjects must maintain the same ; and if they be but few , the greater will the burthen be of every one in particular : And thirdly , for that a great and potent Prince hath more to bestow upon his Subjects for reward of Vertue and Valour ; than hath a poor ; and seeing that every particular subject , born within his Princes Dominions , is capable of all the Prefermenes which Princes , State or Kingdom do yield , if he be worthy of the same , it is a great Prerogative , ( say these men , ) to be born under a potent Prince , that hath much to give , which they declare by this example following . A man that is born in the City of Genoua or Geneva ( for both are Cities and States within themselves , ( let him be of what ability or worthiness soever , yet can he hope for no more preferment , than that Commonwealth and State can give ; and if there should be many worthy men born there at one time , then were this his condition worse , for then must he part also with other men , though there were not sufficient for himself , and the most he could aspire unto , if he were an Ecclesiastical man , were the greatest Benefice within that State ; and on the other side , if he were a Temporal man , he could not hope for much , for that the State hath it not to bestow ; but another that is born under a great Monarch , as is the King of France or Spain , in these our dayes , that hath so many great Bishopricks ; ( for Examples sake , ) and other Spiritual Livings to bestow upon the Clergy , and so many high Governments and Employments both of War and Peace , to give unto Temporal men that can deserve the same ; This man , ( I say ) hath a great Advantage of the other , in respect of preferment at this day , but much more was it in old time , to be born under the Roman Empire , when it had the preferments of all the World to bestow ; for that every subject thereof was capable of all the said preferments , so far forth as he could make himself worthy , and deserve the same . For better explication of which point yet , I have thought good to cite in this place the words of a certain Learned Knight , that in our dayes hath written the Lives of all the Roman Emperours , and in the Life of one of them , that was an excellent Governour , named Antonius Pius the said Knight hath this discourse ensuing . There was in this mans Governments ( said he ) great Contentment and Joy on all hands , great Peace and Quietness , and very great Justice , and truely it is a thing worthy in this place to be considered , what was the humane Power , and how infinite the Forces of the Roman Empire at this day , and how great was the Liberty , Quietness , Security , Wealth and Contentment of the Subjects that lived under that Government , when good Princes had the managing thereof ; as was this Antoninus and his Son Aurelius , that followed him , and as were Adrian , Trajan and divers others . What a thing was it to see their Courts frequented freely by all the Noble , Valiant and Learned men of the World , to see the union and friendly dealing of diffierent Nations together , when all served one Prince , so as a man might have gone over the whole World , or most and best parts thereof , with all security , and without all fear , all Nations and Countries being their Friends , Neighbours or Subjects ; neither was there need at that time of any Pasports or safe Conducts : nor of so often change of Coyn , to travel , as now there is , neither yet were there new Laws every foot as now be found in different Countries , neither was there danger of Enemies , or to be taken prisoners and captives , nor could any malefactor do a mischief in one Countrey and flee into another , thereby to be free from punishment , and he that was born in the very Orcades , or furthest part of Europe , was at home , though he were in Africa or Asia , and as free a Denizen as if he had been born there , Merchants also might pass at that day from Countrey to Countrey with their Merchandise , without particular Licences or fear of Forfeits ; and finally the temporal state of a Subject was wonderful happy at that time . Thus far discourseth that learned Knight , and no doubt but that his discourse and consideration is founded on great Reason , and he that will leave at this day the many commodities of being under a Great and Potent Prince , ( if it lie in his own hands to chuse ) for this only circumstance that he is not born in the same Countrey with him , is a man of small judgment and capacity in these mens opinion , and measureth matters of publick utility , with a false weight of fond affection . And thus much may be said of the first way of being under Strangers and Foreign Government , which is that which vulgar men do most abhor and inveigh against , to wit , to be under a foreign Prince , that liveth absent and ruleth by his Governours . But besides this , there is another manner of being under a Foreign Prince , as when an Alien Prince cometh to dwell among us , and this by either of two ways , to wit , that either this Prince cometh without Forces , as did King Stephen and King Henry the II. that were French-men , as hath been said , and came to live and govern in England , but without external Forces : and as King Philip of Spain came afterwards , when by Marriage of Queen Mary he became King of England : and as the last King Henry the III of France went into Polonia by the free Election and Invitation of that Nation , and as his Brother Monsieur Francis Duke of Alenson should have entred afterward to have been King of England , if the Marriage pretended between her Majesty and him had gone forward and taken effect , as many thought once that it should . This I say is one way , and another is , that this Prince do bring Forces with him , for his own assurance , and these either present , as the Danish Kings , Sweno , Canutus , Haraldus and Hardicanutus did , and as after them the Norman Princes also used , I mean not only William the Conquerour himself , but also his two Sons William Rufus and Henry the I who either by help of the Normans , already in England , or by others brought in by them afterwards , wrought their will ▪ or else that this Prince so entring have Foreign Forces , so at hand , as he may call and use them when he will , for that they have no Sea to pass , which is the case of the King of Scots , and of both these wayes these men do give their sentence distinctly . For as concerning the former way , when a Foreign Prince entreth without any Forces at all , and with intention to live among us , they hold , that there is no danger , nor yet any inconvenience can justly be feared : for that in this case he subjecteth himself rather to the Realm and Nation , than they to him , and if he live and marry in England , both himself and his Children will become English in a little space . And for his own assurance he must be inforced to favour and cherish and make much of the English Nation , and be liberal , gentle and friendly to all , for gaining their good wills and friendship . And in one very great and important point his condition is different , and better for the English than any English Kings can be , which is , that he entreth with indifferent mind towards all men , hath no kindred or alliance within the Land , to whom he is bound , nor enemy against whom he may be inticed to use cruelty , so as only merit or demerit of each man , must move him to favour or disfavour , which is a great Foundation ( say these men ) of good and equal Government . Again they say , that in respect of the State present of England , and as now it standeth , and for the publick good not only of the common Subjects , but also of the Nobility , and especially and above others , of the English Competitors and Pretenders that cannot all speed , no way were so commodious , as this to avoid bloodshed , to wit , that some external Prince of this time should be admitted upon such Compositions and Agreements , as both the Realm should remain with her ancient Liberties , and perhaps much more than now it enjoyeth , ( for such Princes commonly and upon such occasions of Preferment would yield to much more in those Cases than a home-born Prince would , ) and the other Pretenders at home also , should remain with more security than they can well hope to do under any English Competitor , if he come to the Crown , who shall be continually egged on by his own kindred , and by the aversion , emulation and hatred , that he has taken already by contention against the other opposite Houses , to pull them down , and to make them away , and so we have seen it by continual Examples , for many years , though no occasion , ( say these men , ) hath ever been offered to suspect the same so much as now , if any one of the home English Bloud be preferred before the rest , and this is so much as they say to this second kind of being under Foreign Princes . To the third , they confess , that it standeth subject to much danger and inconvenience , to admit a foreign Prince , to live among us with Forces , either present or so near , as that without resistance he may call them when he listeth , and of this he needeth no more proof , ( say these men , ) than the Examples before alledged of the Danes and Normans , and the Misery and Calamity which for many years the English passed under them , and furthermore the reason hereof is evident , say these men ; for first in this third kind of admitting a stranger King we are deprived by his dwelling amongst us ▪ of those Utilities before mentioned , which Ireland , Flanders , Britany , Naples , and other States enjoy by living far off from their Princes , which Commodities are , much more Liberty and Freedom , less Payments , less Punishments , more Employments of the Nobility and others in Government , and the like . And secondly , by his coming Armed unto us , we cannot expect those Commodities which before I touched in the second kind of Foreign Government , but rather all the Incommodities and Inconveniences that are to be found either in domestical or foreign Governments , ( all I say ) do fall upon this third manner of admitting a Stranger , as easily shall be seen . For first of all , the greatest Incommodities that can be feared of a domestical Prince , are pride , cruelty , partiality , pursuing of Factions , and particular hatred , extraordinary advancing of his own kindred , pressing , pinching , and over-rigorous punishing of his People without fear , for that he is ever sure of his party to stand with him within the Realm , and so hath the less respect to others , and for that all these inconveniences and other such like , do grow for the most part by the Princes continual presence among his Subjects , they are incident also to this other , though he be a stranger , for that he is also to be present , and to live among us , and so much the more easily he may fall into them than a domestick Prince , for that he shall have both external counsil of a People that hateth us , to prick him forward in the same , which two motives every domestical Prince hath not . Again they say , that the worst and greatest Incommodities of a foreign Government , that may be feared , are tyranny and bringing into servitude the People over whom they govern , and filling of the Realm with Strangers , and dividing to them the Dignities , Riches and Preferments of the same , all which they say are incident also by all probability to this third-kind of foreign Government , where the Prince Stranger liveth present and hath Forces at hand to work his will , and this is the case say they , of the King of Scots , who only of any foreign Pretender seemeth may justly be feared , for these and other reasons alledged before , when we talked of his pretence to the Crown . To conclude then , these men are of opinion , that of all these three manners of being under Strangers ▪ or admitting foreign Government , this third kind peculiar as it were to the King of Scots Case , is to be only feared , and none else , for as for the second they say that it is not only not to be feared , or abhorred , but rather much to be desired , for that of all other sorts it hath the least inconveniences , and most Commoditi●s ; for which causes we read and see , that where Kings go by Election , commonly they take Strangers , as the Romans and Lacedomonians did often at the beginning , and after the beginning of the Roman Monarchy their foreign born Emperours , were the best and most famous of all the rest , as Trajan and Adrian that were Spaniards , Septimius , Severus ▪ born in Africa , ●onstantine the Great Natural of England , and the like , and the very worst that ever they had , as Caligula , Nero ▪ Heliogabolus , Commodus and such other like Plagues of the Weal publick , were Romans , and in our days and within a few years we have seen that the Polonians have chosen three Kings Strangers , one after another , the First Stephen Battorius Prince of Transilvania , the Second Henry of France , and last of all the Prince of Swecia that yet liveth , and the State of Venetians by way of good Policy have made it for a perpetual Law , that when they have War to make , and must needs chuse a General Captain , and commit their Forces into his Hands , he must be a stranger , to wit , some Prince of Italy , that is out of their own States , hereby to avoid partiality , and to have him the more indifferent , and equal to them all , which yet so many prudent men would never agree upon , if there were not great reason of Commodities therein , so as this point is concluded , that such as speak against this second kind of having a foreign Prince , speak of passion , or inconsideration , or lack of experience in matters of State and Commonwealths . As for the first manner of being under foreign Government , as a Member or Province of another bigger Kingdom , and to be governed by a Deputy , Viceroy or strange Governour , as Ireland , Fland●rs , Naples , and other States before-mentioned be , with certain and stable Conditions of Liberties and Immunities , and by a form of Government agreed upon on both sides , these men do most confess also that there may be Arguments , Reasons , and Probabilities alledged on both sides , and for both parties ; but yet that all things considered and the inconveniences , hurts and dangers before rehearsed , that Subjects do suffer also oftentimes at the hands of their own natural Prince , these men are of opinion , for the causes already declared , that the Profits are more and far greater than the damages or dangers of this kind of foreign Government are , and so they do answer to all the Reasons and Arguments alledged in the beginning of this Chapter , against foreign Government , that either they are to be understood and verified only of the third kind of foreign Government before-declared , ( which these men do confess to be dangerous ) or else they are founded for the most part in the errour and prejudice only of the vulgar sort of men , who being once stirred up by the name of Stranger , do consider no further what reason or not reason there is in the matter , and this say these men , ought to move these men little , for as the common people did rise in tumult against the French , ( for example , ) in Sicilia , and against the Danes in England , so upon other occasions would they do also against their own Countreymen , and oftentimes have so done , both in England and other where , when they have been offended , or when seditious Heads have offered themselves to lead them to like Tumults , so that of this they say little argument can be made . The like in effect they do answer to the Examples before alledged of the Grecian Philosophers and Orators , that were so earnest against Strangers . And First to Aristotle they say , that in his Politicks he never handled expressly this our Question , and consequently weighed not the Reasons on both sides , and so left it neither decided , nor impugned , and he that was Master to Alexander , that had so many foreign Countries under him , could not well condemn the same : and as for Demosthenes no marvel though he were so earnest against King Philip of Macedonia his entry upon the Cities of Greece , both for that he was well fed on the one side , by the King of Asia , ( as all Authors do affirm , ) to the end he should set Athens and other Grecian Cities against King Philip , as also for that his own Commonwealth of Athens was governed by popular Government , wherein himself held still the greatest sway by force of his Tongue with the People , and if any King or Monarch of what Nation soever should have come to command over them , ( as Philip's Son , King Alexander the Great , did soon after , ) Demosthenes should have had less authority , than he had , for that presently he was banished , and so continued all the time that Alexander lived . But if we do consider how this State of the Athenians passed afterward under the great Monarchy of Alexander and other his followers , in respect that it did before , when it lived in liberty , and under their own Government only , he shall find their State much more quiet , prosperous and happy under the Commandment of a Strangers , than under their own , by whom they were continually tossed & turmoiled with battels , emulations and seditions , and oftentimes tyrannized by their own People as the Bloody Contentions of their Captains Aristides , Themistocles , Alcibiades , Pericles , Nicias and others do declare , and as it is evident among other things by their wicked Law of Ostracismus , which was to banish for ten years whosoever were eminent , or of more wisdom , wealth , valo●r , learning or authority among than the rest , albeit he had committed no crime or fault at all . And finally their having of thirty most horrible and bloudy Tyrants at one time in their City of Athens , instead of one Governour , doth evidently declare the same , ( say these men , ) and do make manifest how vain and foolish an imagination it was , that vexed them how to avoid the Government of Strangers , seeing that no Strange Governour in the World would ever have used them as they used themselves , or so afflict them , as they afflicted themselves . To the Objection out of Deuteronomy , where God appointeth the Jews to chuse a King only of their own Nation , these men do answer , that this was at that time , when no Nation besides the Jews had true Religion among them , which point of Religion the Civilian hath well declared before , in his last discourse , to be the chiefest and highest thing that is to be respected , in the admission of any Magistrate , for that it concerneth the true and highest End of a Commonwealth and of all humane Society , and for that the Gentiles had not this Ornament of true Religion , but were all destitute generally thereof , the Jews were forbidden not only to chuse a King of the Gentiles , which might pervert and corrupt them , but also to company , converse , or eat and drink with them , and this was then : but yet afterward when Christ himself came into the World , and opened his Church both to Jew and Gentile , he took away this restraint , so as now all Christian Nations are alike , for so much as appertaineth unto Government . And consequently to a good and wise Christian man , void of passion and fond affection , it little importeth , ( as often before hath been said , ) of what Countrey , Nation or Lineage his Governour be , so he Govern well , and have the parts before required of Piety , Religion , Justice , Manhood and other the like , requisite to his Dignity , Degree and Charge , by which parts and vertues only his subjects are to receive benefits , and not by his Countrey , Generation , Lineage or Kindred ; and this is so much as I have to say at this time about this Affair . CHAP. X. Other Secondary and Collateral Lines , and how extream doubtful all these Pretences be , and which of all these Pretenders are most like to prevail in the end , and to get the Crown of England . AFter the Lawyer had ended his Discourse , about Foreign Government , he seemed to be somewhat wearied , and said he would pass no further in this Affair , for that he had nothing else to say but only to note unto them , that besides these principal Titlers of the five Houses mentioned , of Scotland , Suffolk , Clarence , Britanny and Portugal , there were other Secondary Houses and Lines also issued out of the Houses of Lancaster and York , as also of Glocester , Buckingham , and some other , as may appear by the Genealogies set down before in the II. and III. Chapters , of which Lines , ( said he , ) there may be perhaps oonsideration , and also by Commonwealth , when time shall come of choice or admission , the matter standing so as the Civilian hath largely declared and shewed before , which is , that upon such just occasions , as these are , the Commonwealth may consult what is best to be done , for her good and preservation , in admitting this or that Pretender , seeing that this is the end why all Government was ordained , to benefit the Publick . And for so much as there is such variety of Persons Pretendents , or that may pretend , in the five Houses already named , as before hath been declared , ( which Persons at least do make some dozen more or less , ) and that besides these , there want not others also of Secondary Houses , as is evident as well by the former Discourse , as also by the Arbor that of these matters is to be seen , the Lawyer turned to affirm that the doubtful , who shall in the end prevail , for that besides the Multitude before-named of Pretenders , he avouched very seriously , that after all this his Speech , he could not well resolve with himself , which of all these Titles in true Right of Succession was the best , and much less which of the Titlers was likest to prevail , and this I presume the Lawyer told them of himself , for that he did easily foresee and imagine , that after all these Arguments , on every side alledged , he should be requested by the Company , ( as vehemently he was ) to put down his opinion what he thought and judged of all the whole matter hitherto discussed , and of every mans pretence in particular . Which in no case he could be brought to do for a long time , but refused the same utterly and craved pardon ▪ and yielded many Reasons why it was not convenient , and might be odious . But all would not serve to acquiet the Company , which with all earnest importunity urged him to satisfie their Request , and so upon large and earnest Entreaty , he was content in the end to yield to this only , that he would lay together by way of discourse the probabilities of every side , and lastly set down in two or three Propositions , or rather Conjecturs , his private guess which of them in his judgment was likest to prevail First then he began to say , that the probabilities of prevailing or not prevailing of every one of these Pretenders in the next Succession of the Crown of England these Pretenders may be considered and measured either in respect of the party of Religion , that was like in England to favour him , and his pretence , or else in respect of his own particular Family , Friends and Allies , both at home and abroad . And for that the Party of Religion is like to weigh most , and to bear the greatest sway , and most potent suffrage and voice , in this action , and that with reason , according to that the Civilian hath proved at large in the last of his Discourses : therefore shall I also , ( quoth the Lawyer , ) first of all then treat of this point of Religion in this my last Speech . It is well known , ( said he , ) that in the Realm of England at this day there are three different and opposite Bodies of Religion , that are of most bulk , and that do carry most sway and power , which three Bodies are known commonly in England by the names of Protestants , Puritans and Papists , though the latter two do not acknowledge these Names , and for the same cause would not I use them neither , if it were not only for clearness and brevities sake , for that , as often I have protested , my meaning is not to give offence to any Side or Party . These three Bodies then , ( quoth he , ) do comprehend in effect all the Force of England , and do make so general a division and separation throughout the whole Land in the hearts and minds of their Friends , Favourers and followers , as if I be not deceived , no one thing is like so much to be respected in each Pretender , for his advancement or depression , as his Religion or inclination therein , by them that must assist him at that day , and are of different Religions themselves . And more I am of opinion , ( said he , ) that albeit in other changes heretofore in England , as in the entrance of King Edward and Queen Mary , and of this Queens Majesty that now is , divers men of different Religions did for other respects concurr and joyn together for these Princes advancement , ( notwithstanding that afterwards many of them repented the same ) which is to be seen , in that for King Edward all the Realm without exception did concurr , and for Queen Mary , it is known , that divers Protestants did by name , and among other points it is also known that Sir Nicholas Throgmorton a fervent Protestant in those days , being of King Edward's Privy Chamber , did not only advise her of the sickness and decay of King Edward from day to day , but also was the first that sent an express Messenger to advise her of her Brother's death , and what the two Dukes of Northumberland and Suffolk did contrive against her , and that with such celerity , that King Edward dying but on Thursday night , the 10 th . of July , the Lady Mary was most certainly advised thereof by Saturday morning next , and that very early , in Kenning-hall-Castle of Norfolk , 80. Miles off , and divers other Protestants did assist her also , in that her Entry , as in like manner all those of the Roman Religion , without exception , did assist her Majesty that now reigneth , after the decease of the said Queen Mary , and this was then . But I am of opinion , that matters will fall out far otherwise at the next Change , and this partly peradventure , for that the titles of Succession in the Pretenders are not so clear , but rather much more doubtful now than they were then , and partly , ( or rather principally , ) for that men in time are come to be of more resolution and determination in matters of Religion , and by contention and pursuing one the other , are become more opposite and enemies , and more desirous of revenge , and further also than this , those that be of milder and better condition , and have not these passions in them , yet by Reason and Experience they do see the great absurdity and inconvenience that ensueth , by that a man of one Religion should give aid to the advancement of a Prince , of a contrary Religion , to that which himself doth esteem and hold for only truth , which , in him that so doth , cannot be denied , but that it is a point of little zeal at the least , if not contempt of God and of Religion , or of plain atheism , as others will call it . And moreover , I remember that the Civilian before in the end of his Speech , inveighed also much against this point , and shewed that besides lack of Conscience and Religion , it was in like manner against all humane wisdom and policy , to favour a pretender of a different Religion from himself , and this for divers reasons , that he laid down , which reasons I confess prevailed much with me , and I do allow greatly of that his opinion and assertion , which averred that the first respect of all others ought to be GOD and Religion in this great Affair of making a King or Queen , and that without this no Title whatsoever ought to prevail or be admitted by Christian men , and that the Cities of France at this day do not amiss but justly and religiously ( so long as they are of that Religion that they are ) to stand against the King of Navarr , ( though otherwise by descent they do confess his Title to be clear and evident , ) for that he is of contrary Religion to them . Wherefore seeing that the very same Case is like or rather certain to ensue one day in England , and that it is most probable that each Party of the Realm will stand most upon this Point , that is to say , upon the defence and advancement of their Religion , and of such a King as shall be known to favour the same that themselves be of ; let us examin a little , if you please , quoth he , what force & ability each of these three Bodies of Religion now mentioned , is like to be of at that day in England , for effectuating or promoting this purpose of a new King. And first to begin with the Protestant , as with him that hath the sway of Authority and present Power of the State in his favour , no doubt but that his force will be also great , at that day , ( said he , ) and especially if he can conceal for a time the decease of her Majesty , untill he may be able to put his Affairs in order , but this is holden to be either impossible or very hard , for the different judgments and affections which are not thought to be wanting in the Court Council and Princes Chamber it self , whereof we saw the effect , ( as before I told you , ) at the death of King Edward , which was as much endeavoured to be kept , as ever any was , and as much it imported the Concealers , and yet within not many hours after , had the Lady Mary most certain notice thereof ●y those that were opposite to her in Religion , as I have shewed before , so ardent are mens minds in such occasions , and so capable of new impressions , designments and desires , are all kind of subjects upon such great changes . A chief Member of the Protestant Body , ( as you know , ) for Wealth and Force , is the Clergy of England , especially the Bishops and other men in Ecclesiastical Dignity , which are like to be a great Back to this Party , at that day , though some men think that it cannot be very certain , which part of the Nobility and Council will stick unto them , for that many in heart are presupposed to favour the Puritan . And for the Privy Council in particular , though during the Princes Life their Authority be Supream , yet is it not so afterward , nor have they any publick Authority at all , the Prince having once expired , but only as Noblemen or Gentlemen according to each mans State and Calling in several , and for the next Successor , seeing none is known nor sworn in the Life of this Prince , ( nor were it her safety that any should be . ) clear it is , that after Her Majesties decease every man is free untill a one wne be established by the Commonwealth , which establishment doth not depend upon the appointment or will of any few , or upon any mans proclaiming of himself , ( for divers are like to proclaim themselves , ) but upon a general consent of the whole Body of the Realm , which how it will be brought to pass , God only knoweth , and to him we must commend it . I do not know , quoth he , of any certain person pretendent , to whom this Protestant Party is particularly devouted at this day , more than to the rest , though the House of Hartford was wont to be much favoured by them , but of latter years little speech hath been thereof , but rather of Ara●●lla , whom the Lord Treasurer is said especially to be at this present , though for himself it be held somewhat doubtful whether he be more fast to the Protestant , or to the Puritan , but if the Protestant Party should be divided , then their Forces will be the less . The Authority of Her Majesty is that which at this present overbeareth all , when that shall fail , no man knoweth what the event will be , for that now mens hearts are hardly discerned . Their Foreign Friends and Allies are of good number , especially if the King of France proceed well in his Affairs , and do not indeed change his Religion as he pretendeth that he will , but yet if the Puritan do stand against them , he is like to pull much from them , both in France and Holland , and as for Scotland , it must needs be against them both , and this in respect of his own pretence , except the same be favoured by them , I mean by these two Factions in England which is hardly thought that any of them both will do , for the reasons before alledged , though some more hope may be that way , of the Puritan , than of the Protestant , by reason of the said Kings nearness to them in Religion . The Puritan is more generally favoured throughout the Realm with all those which are not of the Roman Religion , than is the Protestant , upon a certain general perswasion , that his Profession is the more perfect , especially in great Towns where Preachers have made more impression in the Artificers and Burgesses , than in the Countrey People . And among the Protestants themselves , all those that are less interessed in Ecclesiastical Livings , or other Preferments depending of the State , are more affected commonly to the Puritans , or easily are to be induced to pass that way for the same reason . The Person most favoured by the Puritans hitherto in common voice and opinion of men , hath been the Earl of Huntington , some speech of late of some diminution therein , and that the Lord Beacham , since his Marriage , hath ent●ed more in affection with them . The King of Scots , ( no doubt , ) if he were not a stranger , and had not the difficulties before mentioned , were for his Religion also very plausible . I do not hear that the Earl of Darby or his Mother is much forward with these or with the Protestant , though of the latter sort some are supposed to wish them well . The Friends and Allies of the Puritans abroad are the same , that are of the Protestant , to wit , those of Holland and Zeeland ▪ and such Towns of France as follow the new King , and jointly have changed their Religion , which are not many , for that his greatest Forces are yet those of the Roman Religion , but yet if the said King prevail and persevere in his Religion , ( which of late , as I have said , is called in doubt by his often Protestations to the contrary and open going to Mass , ) then will he be able to give good assistance , though both these Countries , ( I mean both Holland and France , ) are likes in some mens opinions to assist the Puritan than the Papist , if the matter come in difference between them , for that in truth they are more conform to the Puritan Religion . And as for the German Cities , that keep y●t and follow the particular form of Luther in Religion , they are like to do little for either Party , both for their difference from both Parties in Religion , and for that they are poor , for the most part , and not active nor provided to give succour abroad , except they be drawn thereunto by force of Money . The Puritan Part at home in England is thought to be most vigorous of any other , that is to say , most ardent , quick , bold , resolute , and to have a great part of the best Captains and Souldiers on their side , which is a point of no small moment . Greatly will import among other points , which way inclineth the City of London , with the Tower , whereof the Puritan , ( as is said , ) wanteth not his probability , as neither doth he of some good part , ( if not more ) of the Navy , to be at his devotion , which point perhaps at that day will be of as great consequence as any thing else . And so much of him . The third Body of Religion , which are those of the Roman , who call themselves Catholicks , is the least in shew , at this present , by reason of the Laws and Tides of the time , that run against them , but yet are they of no small consideration in this Affair , to him that weigheth things indifferently ; and this in respect as well of their Party at home , as of their Friends abroad ; for at home they being of two sorts , as the World knoweth , the one more open that discovers which are the Recusants , and the other more close and privy , that accommodate themselves to all external proceedings of the Time and State , so as they cannot be known , or at least wise not much touched : We may imagine that their number is not small , throughout the Realm , and this party for the reason I mentioned before , in that the most part of the Countr●y-People , that live out of Cities and great Towns , ( in which the greatest part of English Forces are want to consist , ) are much affected ordinarily to their Religion , by reason that Preachers of the contrary Religion are not so frequent with them as in Towns , and partly also for that with these kind of men , as with them that are most afflicted and held down , at this time , by the present State , many others do joyn , ( a● the manner i● , ) & omnes qui amaro anim● s●nt ▪ cum il●s se conjungunt , as the Scripture said of these that followed David's Retinue pursued by S●ul and his Forces , which is to ●ay , that all that be ●ffended , grieved , or any way discontented with the present time , be they of what Religion soever , do easily joyn with these men , according to the old saying S●latium est miseris socios habere miseriae , besides that there is ever lightly a certain natural compassi●n ▪ that followeth in men , towards those that are thought to suffer , or be pursued , and this oftentimes in the very enemy himself , and then of compassion springeth , as you know , affection , and of affection desire to help , as contrariwise do rise commonly the contrary effects , to wit , emulation , envy , and indignation against the prosperity of him that pursueth , and is in prosperity . And for that in so great and populous a Realm and large a Government , as this of Her Majesty hath been , there cannot want to be many of these kind of discontented men , as also for that naturally many are desirous of Changes , it cannot be supposed but that the number of this sort is great , which maketh this Party far the bigger . Moreover , it is Noted , that the much dealing with these men , or rather against them , and this especially in matters of their Religion , for these latter Years pa●● , hath much starred them up , ( as also the like is to be noted in the Puritan , ) and made them ●ar more ●●ger in defence of their Cause , according to to the saying , Nitimur in vetitum semper — and as a little brook or river , though it be but shallow , and run never so quiet of it self , yet if many barres and stops be made therein , it swelleth and riseth to a greater force , even so it seemeth that it hath happened here , where also the sight and remembrance of so many of their Seminary Priests , put to death for their Religion , ( as they account it , ) hath wrought great impression in their hearts , as also the notice they have received of so many Colledges and English Seminaries remaining yet , and set up of new , both in Flanders , France , Italy and Spain , for making of other Priests in place of the Executed , doth greatly animate them , and holdeth them in hope of continuing still their Cause , and this at home . As for abroad , it is easie to consider what their Party and Confidence is , or may be , not only by the English that live in exile , and have their Friends and Kindred at home , but also principally by the affection of foreign Princes and States , to favour their Religion , whose Ports , Towns and Provinces lie near upon England round about , and for such a time and purpose , could not want commodity to give succour , which being weighed together , with the known inclination , that way , of Ireland , and the late Declaration made by so many of the Scotish Nobility and Gentlemen also , to favour that Cause , all these Points , I say , put together , must needs perswade us , that this Body is also great and strong , and like to bear no small sway in the deciding of this controversie for the Crown , when the time shall offer it self for the same . And so much the more , for that it is not yet known , that these are determined upon any Person whom they will follow , in that action , nor as it seemeth are they much inclined to any one of the Pretenders in particular , ( wherein it is thought that the other two Parties either are or may be divided among themselves , and each part also within it self , for that so different persons of those Religions do stand for it , ) but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion , and is likest to restore and maintain the same , be he Stranger or Domestical , which determination and union in general among , if they hold it still and persevere therein , must needs be a great strength unto their Cause , and give them great sway wheresoever they shall bend at that day , as by reason is evident . And so much of this matter . It remaineth then that after these Considerations of the three Bodies in general , we pass to view of each Family , House and Person pretendent in particular , and therein to contemplate what may be for him , and what against him , in this pretence and pursuit of the Crown . And to begin first of all with the King of Scotland , as with him , who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession , ( albeit others do deny the same , and do make it very doubtful , as before hath been declared , ) yet if we do consider not his Title , ( for of that we have spoken sufficiently before in the 5 th . Chapter , ) but other circumstances only of his Person , State , Condition , and the like , ( of which points only we are to treat in this place , ) then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause , so wants there not other to hinder the same . The points , that may invite , are his Youth , his being a King , his moderate nature in that he hath shed little blood hitherto , his affection in Religion to such as like thereof , and the like ; but , on the other side , the reasons of State before laid against him , do seem to be of very great force , and to weigh much with English-men , especially those of his Alliance with the Danes , and dependance of the Scotish Nation . And as for his Religion , it must needs displease two Parties of three before mentioned , and his manner of Government therein perhaps all three . As for Arabella , in that she is a young Lady , she is thereby fit , ( as you know , ) to procure good wills and affections , and in that she is unmarried , she may perhaps by her Marriage join some other Title with her own , and thereby also Friends . But of her self she is nothing at all allied with the Nobility of England , and except it be the Earl of Shrewsbury , in respect of Friendship to his old Mother in Law , that is Grand Mother to the Lady , I see not what Noble man in England hath any band of Kindred or Alliance to follow her . And as for her Title , it seemeth as doubtful as the rest , if not more , as by that which hath been said before , hath appeared . And for her Religion , I know it not , but probably it can be no great Motive , either against her or for her , for that by all likelyhood it may be supposed to be as tender , green and flexible yet , as is her age and sex , and to be wrought hereafter , and settled according to future events and times . In the House of Suffolk , the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen , and each one his particular reasons why he ought to be preferred before the other , and for their other Abilities and Possibilities they are also different , but yet in one thing both Lords seem to be like , that being both of the Blood Royal , they are thought to have ab●sed themselves much by their Marriages with the two Knights Daughters Sir Richard Rogers , and Sir John Spenser , though otherwise both of them very worshipful , but not their Matches in respect of their Kindred with the Crown , yet doth the Alliance of S. John Spenser seem to bring many more Friends with it , than that of Sir Richard Rogers , by reason of the other Daughters of Sir John , well married also , to Persons of importance , as namely the one to Sir George Carey Governour of the Isle of Wight , who bringeth in also the Lord Hunsdon his Father Captain of Barwick , two of the most important pieces that England hath . And for that the said Lord Hunsdon and the Lady Knowles deceased were Brother and Sister , and both of them Children to the Lady Mary Bullen , Elder Sister to Queen Anne , hereof it cometh that this Alliance with Sir George Carey may draw after it also the said House of Knowles , who are many and of much importance , as also it may do the Husbands of the other Daughters of Sir John Spencer , with their adherents and followers , which are neither few nor feeble , all which wanteth in the Marriage of the Lord Beacham . Another difference also in the ability of these two Lords , is , that the House of Seymers in State and Title of Nobility , is much younger than the House of Stanleys , for that Edward Seymer late Earl of Hartford , and after Duke of Somerset , was the first beginner thereof , who being cut off together with his Brother the Admiral , so soon as they were , could not so settle the said House , especially in the Alliance with the residue of the Nobility , as otherwise they would and might have done . But now as it remaineth , I do not remember any Alliance of that House , of any great moment , except it be the Children of Sir Henry Seymer of Hampshire , and of Sir Edward S●ym●r of Bery Pomery in Devonshire , if he have any , and of Sir John Smith of Essex , whose Mother was Sister to the late Duke of Somerset , or finally the Alliance that the late Marriage of the Earl of Hartford , with the Lady Frances Howard , may bring with it , which cannot be much , for so great a purpose as we talk of . But the Earl of Darby , on the other side , is very strongly and honourably allied both by Father and Mother , for by his Father , not to speak of the Stanleys , which are many , and of good Power , and one of them matched in the House of Northumberland , ) his said Father , the old Earl had three Sisters , all well married , and all have left Children , and Heirs of the Houses wherein they were married , for the elder was married first to the Lord Sturton , and after to Sir John Arundel , and of both Houses hath l●s● H●irs-male . The second Sister was married to the Lord Mosley , by whom she hath left the Lord that now is , who in like manner hath matched with the Heir of the Lord Montegle who is likewise a Stanley . And finally the third Sister was married to Sir Nicholas Poynes of Gloc●stershire , and by him had a Son and Heir that yet liveth . And this , by his Fathers side , but no less alliance hath this Earl also by the side of his Mother , who being Daughter of George Clifford Earl of Cumberland , by Lady Eleanor Niece of King Henry the VII . the said Lord George had afterward by a second Wife ▪ that was Daughter of the Lord Dacres of the North , both the Earl of Cumberland that now is , and the Lady Wharton , who hereby are Brother and Sister of the half Blood to the said Countess of Darby , and the Dacr●s are their Uncles . Besides all this , the States and Possessions of the two foresaid Lords , are far different , for the purpose pretended , for that the State of the Earl of Hartford is far inferior , both for greatness , situation , wealth , multitude of Subjects , and the like : for of that of the Stanleys doth depend the most part of the Shires of Lancaster and Chester , and a good part of the North of Wales , at least wise by way of observance and affection , ) as also the Isle of M●n , is their own , and Ireland and Scotland is not far off , where friendship perhaps in such a case might be offered , and finally in this point of ability great oddes is there seen between the Lords . As for their Religion , I cannot determine what difference there is or may be between them . The Lord Beacham by education is presumed to be a Protestant , albeit some hold that his Father and Father in Law be more inclined towards the Puritans . The Earl of Darby's Religion is held to be more doubtful , so as some do think him to be of all three Religions , and others of none , and these again are divided in judgments , about the event hereof , for that some do imagine that this opinion of him may do him good , for that all sides hereby may , ( perhaps , ) conceive hope of him , but others do perswade themselves that it will do him hurt , for that no side indeed will esteem or trust him , so as all these matters with their events and consequences do remain uncertain . But now will I pass to speak of the House of Clarence , the chief Persons whereof and most eminent at this day are the Earl of Huntington , and his Brethren the Hastings , for that the Pooles and Barringtons are of far meaner condition and authority , albeit the other also , I mean the House of Hastings , doth not seem to be of any great alliance , for that albeit the old Earl of Huntington , this Earl's Father , had two Brethren , the one Sir Thomas Hastings , that married one of the Lord Henry Pooles Daughters named Montagne , that was put to death , which Daughter was Sister to this Earl's Mother , and the other named Sir Edward Hastings was made Lord of Lowghborow , by Queen Mary , to whom he was first Master of the Horse , and afterwards Lord Chamberlain , neither of them having left issue : and this is all I remember by his Fathers side , except it be his own Brethren , as hath been said , of which Sir George Hastings is the chiefest . By his Mothers side he hath only the Pooles , whose Power as it is not great , so what it is , is rather like to be against him than with him , partly for their difference from him in Religion , and partly for preferment of their own Title , upon the reasons before alledged . By his own Marriage with the Daughter of the late Duke of Northumberland , and Sister to the late Earls of Leicester and Warwick , he was like to have drawn a very great and strong alliance , if the said two Earls had lived , and especially Sir Philip Sidney , who was born of the other Sister of the present Countess of Huntington , and his own Sister was married to the Earl of Pembroke that now is , and himself to the Daughter of Sir Francis Walsingham Chief Secretary of the State , by all which means and by all the affection and power of the Party Puritan , and much of the Protestant , this Earl was thought to be in very great forwardness . But now these great Pillers being failed , and no Issue yet remaining by the said Countess , his Wife , no man can assure himself what the success will be , especially seeing that of the three Bodies of different Religions , before described , it is thought that this Earl hath incurred deeply the hatred of the one , and perhaps some jealousy and suspicion of the other , but yet others do say , ( and no doubt but that it is a matter of singular importance , if it be so , ) that he is like to have the whole Power of London for him , which City did prevail so much in advancing the Title of York , in King Edward the IV. his time , as it made him King twice , to wit , once at the beginning , when he first apprehended and put down King Henry the VI. and the second time , when he being driven out of the Kingdom by his Brother the Duke of Clarence , and Richard Earl of Warwick , he returned from Flanders upon hope of the favour of the Londoners , and was in deed received favoured and set up again by them especially , and by the helps of Kent and other places adjoining and depending of London , and so it may be that the Favourers of this Earl do hope the like success to him in time by this potent City . For the Houses of Britanny and Portugal , I shall joyn them both together , for that they are strangers , and the Persons thereof so nigh linked in kindred , affinity and friendship , as both their Titles , Forces and Favours may easily be joyned together , and imparted the one with the other , as to themselves shall best appear convenient . The Lady Infanta of Spain pretendent of the House of Britanny is eldest Daughter of King Philip , as all the World knoweth , and dearly beloved of him , and that worthily , as all men report , that come from thence , for that she is a Princess of rare parts both for Beauty , Wisdom and Piety . The two young Princes of Parma , I mean both the Duke and his Brother the Cardinal are Imps in like manner of great expectation , and divers ways near of kin to the said King , for that by their Fathers side they are his Nephews , that is , the Children of his Sister , and by their Mothers side almost as near , for that they are Nephews of his Uncle Prince Edward Infant of Portugal . In like nearness of Blood are the Dutchess of Bragansa and her Children , unto the said King , which Children are many , as hath been shewed , and all of that rare vertue and valour , and of that singular affection unto the English Nation , as it is wonderfull to hear what men write from those Parts , and what others do report , that have travelled Portugal , and seen those Princes , and tasted of their magnificent liberality , so as I have heard divers rejoyce that are affected that way , to understand that there do remain such Noble Off-spring yet in Foreign Countries of the true and ancient Blood Royal of England . What the Powers and Possibilities of all these Princes of the House of Portugal be , or may be hereafter for pursuing their Right , shall not need to be declared in this place , for that all the World doth know and see the same , yet all seemeth to depend of the Head and Root which is the King of Spain himself , and the young Prince his Son , whose States and Forces how and where they lie , what alliance , friends , subjects or followers they have or may have , it is easy to consider , but what part or affection of men they have or may have hereafter in England it self , when time shall come , for the determining of this matter , no man can tell at this present , and what Plots , agreements , compartitions , or other conclusions may be made at that day , time only must teach us , so as now I know not well what to say further in this Affair , but only commend it to God's High Providence , and therefore I pray you , ( quoth the Lawyer , ) let me end with this only that already I have said , and pardon me of my former promise to put my opinion or guess , about future matters , and what may be the success of these Affairs ; for besides that I am no Prophet or son of Prophet , to know things to come , I do see that the very circumstances of Conjecture , ( which are the only Foundation of all Prophecy , which in this case can be made , ) are so many and variable ; as it is hard to take hold of any of them . Thus he said , and fain would have left off here , but that the whole Company opposed themselves with great vehemency against it , and said , that he must needs perform his promise , made at the beginning of this Speech , to give his censure and verdict in the end , what he thought would be the Success of all these Matters , whereunto he answered , that seeing no nay would serve , he briefly quit himself by these few words following . First of all , ( said he , ) my opinion is , that this Affair cannot possibly be ended by any possibility moral , without some War , at least wise , for some time at the beginning , whereof my Reasons be these that do ensue . This matter cannot be disputed and determined during the life of the Queen , that now is , without evident danger of her Person , for the reasons that all men do know importing such perils as are wont to follow like cases , of declaring Heirs apparent , especially her Majesty the present possessor growing now to be old , and without hope of Issue . This declaration and determination of the Heir apparent to the Crown , if it should be made now , would move infinite humours and affections within the Realm , and it were to stirr coals and to cast firebrands over all the Kingdom , and further perhaps also , which now lie raked up and hidden in the Embers . This d●●●rmination , though it should be made now by Parliament , or Authority of the present Prince , would not end or take away the root of the controversy ; for albeit some that should be passed over or put back in their pretences , would hold their peace perhaps for the time present , yet afterward would they both speak and spurn when occasion is offered . This declaration now if it were made , would be hurtful and dangerous for him that should be declared ; for on the one side it would put the Prince regnant in great jealousy and suspicion of him ; and on the other side would joyn and arm all the other pretenders and their favourers against him : and so we read that of two or three only , that in all our Histories are recounted to have been declared Heirs apparent to the Crown ( they being no Kings Children ) none of them ever came to reign : as namely Duke Arthur of Britanny , Roger Mortimer Earl of March , and John de la Poole Earl of Lincoln , and Henry Marquess of Exeter , as before hath been declared . Again the multitude of Pretenders being such as it is , and their pretentions so ambiguous , as hath been declared , it is to be presupposed , that none or few of them will presently at the beginning cast away their hope and forego their Titles , but will prove at least wise what friends shall stand unto them , and how matters are like to go for or against them , especially seeing they may do it without danger , no Law being against them , and their Rights and Pretences so manifest , that no man can say they do it of ambition only , or malice , treason , or conspiration against others , and for this essay or first attempt , Arms are necessary . Moreover if any man in process of time would forego or give over his Title , ( as it is to be imagined that divers will at length , and many must , for that one only can speed , ) yet to the end he be not suddenly oppressed , or laid hands on , at the beginning by his adversary party , or made away , as in such cases is wont to succeed it is very likely that each Pretender for his own safety and defence will arm himself and his Friends at the beginning , for that better conditions will be made with armour in hands , than when a man is naked or in the power of his adversary , and no doubt but the more Pretenders shall stand together armed , at the beginning the easier and the surer peace will be made with him that shall prevail , for that they being many with whom he hath to compound , he will respect them the more , and yield to more reasonable and honourable conditions , than if there were but one , and he weak that should resist , for that a fault or displeasure is more easily pardoned to a multitude , and to a potent adversary , then to one or two alone that are of less account And on the other side , the peril of these other pretenders , that should not prevail , being common to them all , would knit them better together for their own defence , in living under the person that should prevail and reign , and he would bear more regard unto them , as hath been said : and this both for that they should be stronger by this union to defend themselves , and he that reigneth should have less cause to suspect and fear them , to work treason against him , for that they are many , and consequently not so easy to agree between themselves , who should be preferred , if the other were pulled down , which to the person regnant would be also a ground of much security . These are my Reasons and Conjecturs why it is like that Arms will be taken at the beginning in England , before this controversy can be decided . My second Position and Conjecture is , that this matter is not like to come easily to any great or main Battel , but rather to be ended at length , by some composition and general agreement , and my reasons for this be these . First , for that the Pretenders be many , and their Powers and Friends lying in divers and different parts of the Realm , and if there were but two , then were it more probable , that they would soon come to a Battel , but being many each one will fear the other , and seek to fortify himself where his own strength lieth , and especially towards the Ports and Sea-side , for receiving of Succours , as easily may be done , by reason of the multitude of Competitors , as hath been said , which will cause that at home the one will not much urge or press the other , at the beginning , but every part attend rather to strengthen than it self for the time . A second Reason of this is , for that the foreign Princes and States round about us are like to be much divided in this matter , some as Pretendents for Themselves or their Kindred and Friends , and others as favourers of this or that Party , for Religion , so as there will not want presently offers of Helps and Succours from abroad , which Succours albeit they should be but mean or small at the beginning , yet will they be of much importance , when the Forces at home be divided , and when there shall be different Ports ▪ Harbours and Holds , ready within the Land , to receive and harbour them , so as I take it to be most likely , that this Affair will grow somewhat long , and so be ended at length by some composition only , and that either by Parliament and General Consent of all Parts pretendents , and of all three Bodies of Religion meeting together by their Deputies , and treat and conclude some form of agreement , as we see it practised now in France , or else by some other means of Commissaries , Commissioners , Legatss Deputies , or the like , to make the conclusion with every Party asunder . My third and last conjecture , ( and for a meer conjecture only , I would have you to hold it , ) that seeing there be two sorts of pretenders , whi●h stand for this Preferment , the one Strangers , the other English , my opinion is , that of any one Foreign Prince that pretendeth , the Infanta of Spain is likest to bear it away , or some other by her Title , laid upon him by her Father the Kings good will , and on the other side , of any domestical Competitors , the second Son of the Earl of Hartford , or of the Issue of Countess of Darby , carrieth much shew to be prefeted . My Reasons for the former part , about the Lady Infanta , are , that she is a Woman , and may easily join , ( if her Father will , ) the Titles of Britany and Portugal together , she is also unmarried , and by her Marriage may make some other composition , either at home or abroad , that may facilitate the matter , she is a great Princess and fit for some great State , and other Princes perhaps of Christendom would more willingly yield and concur to such a composition of Matters by this Lady , and by casting all Foreign Titles of Britanny and Portugal upon her , then that the King of Spain should pretend for himself , and thereby encrease his Monarchy , which other Princes his Neighbours , in reason of State , would not so well allow or bear . In England also it self if any Party or Person be affected that way , he would think hereby to have the more reason , and if any be against Strangers , some such moderation as this would take away much of this aversion , as also of Arguments against it : for that hereby it seemeth that no subjection could be feared to any Foreign Realm , but rather divers utilities to the Realm of England as these men pretend by the reasons before alledged in the precedent Chapter . I said also , that this Lady Infanta , or some other by her Title and her Fathers good will , was likest of all Strangers to bear it away , for that if she should either dye or be married in any other Countrey , or otherwise to be disposed of , as her pretence to England should be disenabled before this Affair came to be tried , then may her said Father and she , if they list , cast their foresaid Interests and Titles , ( as divers men think they would , ) upon some other Prince of their own House and Blood , as for example , either upon some of the Families of Parma or Bragansa before mentioned , or of the House of Austria , seeing there wanteth not many able and worthy Princes of that House , for whom there would be the same reasons and considerations to perswade their admission by the English , that have been alledged before for the Infanta , and the same utilities to the Realm , and motives to English-men , if such a matter should come in consultation , and the same Friends and Forces would not want abroad to assist them . For the second part of my Conjecture touching the Earl of Hartford's second Son , or one of the Countess of Darbyes Children , my Reasons be , First , for that this second Son seemeth to be cleared in our former Discourse of that Bastardy that most importeth , and nearest of all other lieth upon those Children , which is for lack of due proof of their Parents Marriage , for which defect they do stand declared for illegitimate by publick sentence of the Archbishop of Canterbury , as before hath been declared , from which sentence this second Son is made free , by the arguments before alledged , and therein preferred before his elder Brother . And secondly , for that this younger Son is unmarried , for any thing that I do know to the contrary , which may be a point of no small moment in such an occasion , as hath been noted divers times before , for joining or fortifying of Titles by Marriage , and for making of compositions of Peace and Union with the opposite Parties . And finally , for that this second Son , being young , his Religion is not much talked of , and consequently every Party may have hope to draw him to their side , especially he being also free , as I have said , to follow what he shall think best , or most expedient for his own advancement , without knot or obligation to follow other mens affections or judgments in that point , as he would be presumed to be , if he were married , or much obliged to any other Family . I do name also in this second Point , the Children of the Countess of Darby first , for that in truth the probabilities of this House be very Great , both in respect of their Descent , which in effect is holden as it were clear from Bastardy , as before hath been shewed , and then again for their nearness in degree , which by the Countess yet living is nearer to King Henry the VII . by one degree than any other Competitor whatsoever . Secondly , I do name this Countess Children , and not her self , for that I see most men that Favour this House , very willing and desirous that some of the said Countess Children should rather be preferred than she her self , and this for that she is a Woman , and it seemeth to them much to have three Women reign one after the other , as before hath been noted , so as they would have her Title to be cast rather upon one of her Children , even as upon like occasion it hath been shewed before , that the Spaniards caused the Lady Berenguela Niece to King Henry the II. to resign her Title to her Son , when she should have succeeded by nearness of Inheritance , and as a little before that , the State of England did after King Stephen unto King Henry the I. his Daughter Maude the Empress , whom they caused to pass over her Title to her Son Henry the II. though her own Right should have gone before him by nearness of Succession as also should have done by Orderly Course of Succession , the Right , of Margaret , Countess of Richmond , before her Son King Henry the VII . as before hath been proved , but yet we see that her Son ▪ : was preferred , and the like would these men have to be observed in the Countess of Darby . Lastly , I do name the Children of this Countess in general , and not the Earl of Darby particularly above the other , though he be the eldest , for two respects ; First , for that his younger Brother is unmarried , which is a circumstance whereof divers times occasion hath been offered to speak before , and therefore I need to add no further therein . And secondly for that divers men remain not so fully satisfied and contented with the Course of that Lord hitherto , and do think that they should do much better with his Brother , if so be he shall be thought more fit , yet are these things uncertain , as we see , but notwithstanding such is the nature and fashion of man , to hope ever great matters of Youths , especially Princes . God send all just Desires to take place : and with this I will end , and pass no fupther , hoping that I have performed the effect of my Promise made unto You at the beginning . FINIS . A Perfect and Exact Arbor and Genealogy of all the Kings , Queens and Princes of the Blood-Royal of England , from the time of William the Conquerour unto our time ; whereby are to be seen the grounds of the Pretenders to the same Crown at this day according to the Book of R. Doleman , set forth of the said Pretenders , and their several Claims in the year 1594. THe Antient Houses of the Blood-Royal of England , are the House of Lancaster , that bears the Red Rose ; and the House of York , that bears the White : And then the House of Britany and France joyn'd in one . And out of these are made Five particular Houses ; which are the House of Scotland , of Suffolk , of Clarence , of Britainy , and of Portugal ; And there are 12 different Persons that by way of Succession do pretend each one of them to be next after Her Majesty that now is , as by the Book appears . Genealogical chart 1. Wil. the conqueror reigned 1066. The House of Flanders . Robert 1st . Son put back by his Brethren . 2. Wil Rufus 2d . Son of the Conquerour , 1087. Wil. D. of Norm . & E. of Flan. slain before Alest 3. Henry I. 3d. Son of the Conquerour , 1101. Mathild married H. V. and then G●ffry D. of Anjon The House of Bloys . Consta ▪ eldest Daughter married to Alain Fergant D. of Britan Ad●la 2d . daughter , married to Steven Earl of Bl●ys . 4. Steven B. of Bloys and Bulloin reigned 1135. The House of Succession of Britany ▪ Conan II. D. of Britany , surna med Le Gross . H●●l disinherited by his Father . Bertha●eir to Conan , married to Eudo E. of P●rret . Conan III. D. of Britany . Son to Bertha . Const. mar . 1st . to Ges . ● . Son to H. II. a●d after to Guy Vise● Touan . Alice heir of Britany , married to the E. of Druce . Isabel second Daughter of Constance . The House of France . Hen. 1st . Son , crown'd , but died in his Fathers days 6. Richard I. 2d . Son reigned 1190. Arth. D. of Brit. slain by his Uukle Jo. in Roan Cast. Geffry 3d. Son , Duke of Britany by his Wife . 5. Henry II. Duke of Anjou reigned 1254. 7. John 4th Son of Henry II. reigned 1200. Elean . eldest Daughter , married to K. Alfonsus IX . of Cas●●ile . Blanch eldest daughter &c Heir , marri'd to L●w VIII . of France . Lewis VIII . K. of Fr. chosen K. of Eng. in place of John depriv'd . Lewis IX . K of France , from whom descendeth ● Infan . of Sp. The first & Antient House of Lancaster . Joan eldest Daughter , married to L. Mowbray . Mary second Daughter , married to Hen. L. Percy Hen. 2d . Son Earl of Lancaster , Darby and L●icester . H. II. 1st . D. of Lancaster made by Edward III. J. of Ga. 3d. Son of Ed. D. of Lan● . by his 1st . Wife . Blanch Heir of Lancaster first Wife to Jo. of Gaunt 13. Hen. IV. first King of the House of Lanc. 1406. 14. Henry V. King of England 1414. 15. Hen. VI. deposed by the House of York . Edw. Prince of W●les , slain by the house of York . Eleanor 3● Daughter , married to ● E. of Arun●el The 1st . Son Earl of Lancaster died without issue John the 3d. Son , Earl of Darby . Edmond Crockb●●k , 2d . Son , Earl of Lancaster . 8. Henry III. succeeded his Father John , 1316. 9. Edward I. Son of Henry III. reigned 1272. 10. Edward II. afterward deposed . 11. Edw. III f●om whom b●gan the ●●uses of Lan ● York 1326. Edw. Prince of Wales , 1st . Son , died before his Fath. 12. Richard II. deposed by H. D. of Lanc. 1460. The House of Britany by the Second ●●ay . Beatrix married to John II. Duke of Britany . Arth. II. D. of Brit. whose title ends in the Inf. of Sp. John II. that married Beatrix . John the first of that name D. of Britany The House of Devonshire . H. D. of Exeter had no issue , and left all to 's sister . Ann married to Si● . T. Nevil Father of R. J. E. of West . John Holland D. of Exeter Son of Elizabeth . Elizabeth 2d . Daughter , married to J. H. D. of Exet. The House of PORTUGAL . Philippa eldest daughter , married to John I. K. of Port. Edward I. K. of Port. Son of Queen Philippa . Alfonsus V. eldest Son , King of Portugal . John II. King of Portugal . Ferdinand ●d . Son , D. of Viseo in Portugal . Emmanuel King of Portugal , Son of D. Ferdinand Henry . 3d. Son , Cardinal , and K. of Portugal . John III. eldest Son , K. of Portugal . John Prince of Portugal , died before his Father . Sebastian K. of Portugal , slain in Barbary . Lewis 2d . Son , never married . Anthony , Illegitimate Son of Lewis Isabel eldest Daughter of K. Em. born next K. John The Line of Castile . Const. Heir of K ▪ of Castile , 2d . Wife of Jo. of Gaunt Catherine , married to K. Henry III. of Castile . John I. King of Castile , Son of Catherine . Isab. married to Ferd. K. of Arag●n , sirnam'd Catha● ▪ Joan marrito Philip I. Arch-Duke of Austria . Chacees V. Emperour and King of Spain . Philip II. King of Spain . Isabel 〈◊〉 ta of Spain , eldest Daughter . Philip III. prince of Spain . Cathar . 2d . Daughter , married the D. of Sav●y . Edward Infanta of Portugal , younger Son. Katharine , 2 daughter , married to John D. of Bragansa . Theodosius Duke of Bragansa . Edward Alexander & Philip , Brothers of The●dosius . Mary eldest Daughter , married Al. D. of Parma . Ranutius the first Son , D. of Parma . Edward 2d . Son , Cardinal . The House of Clarence Lionel 2d . son D. of Clarence died before his Father . Philipa married to Edm. Mortimer E. of March. Roger Mort. 4th E. of March died in Ireland . Ed. Mortim. E. of March slain in Irel. without Issu Mortim. younger son died without Issue . The House of Buckingham Edm. of Langly D. of York 4th . Son of K. Edward . Edw. eldest Son , D. of York had no Issue . Th. of Woodst . D. of Glo. 5th . son of E. III. slain by his Neph . Rich. Ann mar . to ● L. Staf. whereby they become Duke ▪ of Bucks . The House of YORK . Richard ●d . Son D. of York husband of Ann Ann Mort. mar . the D. of York , by which they claim R. Plantag●net D. of York 1 st pretend●r , of that house . 18. Rich. III. 2d . Son of Rich. D. of York 1483. Edw. Prince of Wales died without Issue . George Duke of Clarence 2d . Son of Richard. Edward Earl of Warwick put to death by H. VII . Margaret Countess of Salisbury married of Rich. P●ol . Reginald Pool died Cardinal so England . Hon. I. M●●tague ●●t Son. put to death by Henry VIII Winifred 2d . daughter , maried to S. T. Barington Catharine married to S. F. H●stings E. of Hunting H. Hastings ●arl of Hantington , and his Brethren . Geffry Pool Knight . Geffry Pool . Arthur and Geffry Pool . Sons of Geffry . 18. Edw. IV. first K. of the House of York 1460. 17. Edw. V. put to death hy his Unkle Richard. The Line of Somerset , and of K. H. 7. The Uniting of York and Lancaster Catharine Swinford 3● . Wife to John of Gaunt . John Earl of Somerset . John Duke of Somerset . Margaret married to Edm. Tuder ● . of ●ichm 19. Henry VII . King of England , 1485. 20. Henry VIII . King of England , 1507. 21. Edw. VI. Son of Henry VIII . 1546. 22. Mary eldest Daughter , Queen of England . 23. Elizab. ●d . daughter of K. Henry . 1558. Eliz. eldest Daughter of Ed. IV. married to H. VII . Mary 2d . daughter , married Cha. Br. D. of Suf. Franc. eldest Daughter , married Hen. Gr. D. of Suf. Cathar . Gray had by the E. of Harts two sons . Edward Seymour called Lord B●a●ham . Hen. Seymor ad . Son. begoten in the Tower. Eleanor 2d , Daughter , married H. E. of Camb. Margaret married to H. Earl of Darby . Ferdinand L. Strange , and his Brother . Jama IV. K. of Scots , first husband of Margaret Margar. eldest daughter , married twico . Arch. Doug. E. of Angus , 2d . Husband of Margaret . James V. King of Scotland . Margaret , married to Matthew E. of Lanox . Mary Queen of Scotland , put to death in England . Henry Lord Darly Husband of Mary . Charles 2d . Son , married to Eliz. Candish James VI. King of Scotland . The Lady Arabella . Notes, typically marginal, from the original text Notes for div A56468-e200 Polyd. in vita ● . VIII . Notes for div A56468-e1100 Occasions of meeting The matter of Succession discussed . Mr. Promely . Mr. Wentworth Two Lawyers . Many pretenders to the Crown of England . Sucession doubtful and why . Three or four principal heads of pretendors . 1. Lancaster . 2 York . 3. The two houses joyned . Circumstances of the time present . The Romman Conclave . Succession includeth also some kind of election . Of this more afterwards . Cap. 4 , 5. Nearness only in bloud not sufficient , M● 〈…〉 in 〈◊〉 pretenders . Two principal points handled in this book . Two parts of this conference . Bellay apollog . pro reg . cap. 20. Not only Succession sufficient . That no particular form of Government is of Nature . To live in Company , is Natural to man , and the ground of all Common-Wealths . Plato de repub . Cicero de repub . Aristotle polit . Divers Praeses . 1. Inclination universal . Pompon . Mela. lib. 3. cap. 3 , 4. Tacit. l. 8. 2. Speech Aristot. l. 1.1 . pol. c. 1.2.3.4 . 3. Imbecility of man. Theoph. lib. de Plaut . Plutarch . conde fortuna , & lib. de pietatem in parent . Note this saying of Aristotle . 4. The use of Justice and Friendship . Cicero lib. de amicitia . The use of charity and helping one an other . August . lib. de amicitia . Gen. 2. v. 18. That Government and Jurisdiction of Magistrates is also of Nature . 1. Necessity . Job . 10. v. 22. 2. Consent of Nations . Cicero li. 1. de natura Deorum . 3. The Civil Law. Lib. 1. digest . tit . 2. Scripture . Prov. 8. Rom. 13. Particular form of Government is free . Arist. li. 2. Polit. Diversity of Government in divers Countries and Times . Rome . Africa and Greece . Italy . Dukes for Kings , and Kings for Dukes . Spain . Bohemia . Polonia . England , The Jews lib. Genes . Lib. Exo. Lib. Job . Lib. Jud. Lib. 1. Reg. Lib. Machab . The Realm chuseth her Form of Government . The Commonwealth limiteth the Governours Authority . A Natural Prince . A Monarchy the best Government . Arist. lib. 4. pol. a. c. 9. Seneca Plutarch . The Antiquity of Monarchy . 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12. Chrisost. ho. 23. 1 Pet. 2. Two Points to be noted . How St. Peter calleth a King most excellent . Utilites of a Kingdom and conveniences of other Governments . Cicero l. 1. offic . Democratia . Miseries of Popular Government in Italy . Tit. liv . l. 30. Eutrop. l. 3. Oros. l. 5. & 6. The cause why Laws be added to Kings . Arist. l. 3 ▪ pol. c. vit● ▪ A notable Saying . Arist. l. 3● pol. c. 12. Arist. l. 1. Pol. c. 2. Divers ●●●nes and properties of Laws . Cic. lib. 2. Offic. Law is the Discipline of a weal publick . Psal. 2. The Counsels of Princes a great help . Arist. l. 4. Pol. c. 10. The Monarchy of England temper'd . The restraints of Kingly power in all Estates . Roman Kings . Liv. lib. 1. d●c . 1. Gre●ian Kings . Arist. lib. 2. c. 8. polit . Plutarch in Lycurg . Cic. l. ● Offic. Why Ki●● were restrained Laws . Cic. l. 3. de legibu● Why Kin●●ly Gover●●ment we left in Rome . Titus Liv●●●us , l. 1. dec . 8. Livius ibidem . Restrain's of Kingdoms in Europe . Sleydon lib. 8. A● 1532. Blond . D●●cad . 2. l. Crant . li. cap. 25. Kingdoms of Polonia and Bohemia . Her. l. 9. Hist. Polonia Cromerus l. 3. Hist. Polon . Kings of Spain , France and England . Concil . blet . 4. c. 74. & concil . s. c. 3. Peculiar manner of Succession . An. 1340. Paul Anil . Hist. Franc. l. 2. Gerard du Hailan l. 4. Hist. Franc. Fran. Belfor l. 5. c. 1 An. 1327. Reason ; for Succession of Women . The Infanta of Spain and Prince of Lorrain Gerard d● Hailain , lib. 13. Hi●● Franc. &c An. 1317 ▪ & lib. 14 ▪ An. 132● & lib. 3. d● l'Estat de frunce . Kings lawfully possessed may be deprived . A markable circumstance . Against Rebillions People and contemnor● of Princes . 2 Pet. 2.10 . Jude 8. Titles of Princes once settled not to be examined by private men . Against flatterers that yield too much power to Princes . Absurd flateries uttered by Belloy and others . Belloy in apolog . Cath. & apolog pro Rege . The purpose of the next Chapter . Two points to be proved . Nothing hear spoken against due respect to Princes . ☜ Deprivations of Kings recounted in Scripture . ☜ 1 Reg. 31. 4 Reg. 21.44 . King Josias 2 Paralip 34. 2 Paralip . 35. King David Xenophon in Cyropaed . Ni. Mach● l. 2. c 2. ● Tit. Livi● August . l. de Gran. The wisdome and piety of King David 1 Paralip● 15. 1 Psal. 22● & 25. The Arms King David His Valour in Chivalry King David ' s Victories . 2 Reg. 8. 1 Paral. 18 2 Reg. 23. Joseph . l. 7. antiq . c. 10 2 Reg. 7. His Humili●y ▪ Charity and Devotion . Kings put down among the Romans , and what Successors they had . Halicar . l. 1 Tertul. l. de praescrip . contra haeres . Justin. martyr apolog . T it liv . l. 1 dec . 1. Eutrop. l. 1 Caesar Augustus . Dion in Caesa. Sueton in C●esa . Nero Vespatian . Cornel. Tacit. lib. 10 & 81. Egesip . l. 5 Entrop . in vita Caesa. Heliogabalus An. Dom● 124. Alius lamp in vita Heliog . Alexander Severus . Herod in vit . Sever ▪ Maxentius Constantin The bhange of the East Empire . Charles the Great . An. 800. Two chan●gs in France . Belfori l. ● ▪ Girard . l. ● ▪ Aemil. l. 2 ▪ Clem. Caudin . en la Chro●nique des Roys de France . Reasons Deprivation . Hugo Capet . Anno 988. Examples of Spain . Concil Tolet. 4. cap. 4. Ambros. moral l. 11 cap. 17. Isidor . in Hist. Hispan . Estevan ● Garibay 13. de la ● Hist. de ●spa . c. 1 Tabulae Astron. Alfonsinae . King Don Alonso deposed . Don Pedr● Cr●el deposed . Garibay l. 14. c. 40.41 . In Portugal . King Don Sancho 2. deposed . Garibay lib. 4. de Hist. Portug . c. 19. Lib. 6. d●●●cret tit . de supple● da cap. Grand . 1. Garibay in Hist. d● Portug . 〈◊〉 34. cap. 2. The Emperrors of Greece . Galicas in Annal. part . 4. Zon. Annal co . 3. in vita Michael Calapha . In Polonia ▪ In literis reip . Polon . ad Henr. Valesium pag. 182.184 . Vide Gagneum part 1. de rebus Polon . In Suetia . Poilin . 1.32 . Histor ▪ de Franc. An. 1568. In Denmark . Sleydan● l. 4. His● An. 133● ▪ Munst. 〈◊〉 Cosmog● descript . Davide Paulus ● vius in ris illust ▪ Example of England . King Jo●● Deposed . Polid. hi●● Ang. l. 1● An. 121. An. 1216. An. 1216. King Henry the third . King Edward the second deposed . Polyd. l. 18 Hist Ang. An. 1386. Stow in the Life of K. Edward the second . The manner of Deprivation of a King. See Stow and Hollings . in this man's Life King Edward the third . King Richard the second Deposed . Polyd. l. 20. Hist. Aug. 1399. King. Henry the 6th . Deposed . Polyd. lib. 23. Hist. Anglic. K. Rich● the thi●● deposedpunc ; An. 1● A po●● much noted . The reply of the Temporal Lawer . Belloy apolog . Cathol . c. part 2. Paragraph . 9. & Apol. pro. Reg●● ▪ cap. 9. An objection out of the Prophet Samuel . 1. Reg. 8. The Power of a King or rather of a Tyrant . Belloy polog . p● 2. Para● & Apol● rege . c● & 2.4 . &c Great a●surditie● flateries● Cic. lib. 2. offic . Another absurdity . Institut . imperial l. 2. Tit. 1. Division of goods by Civil Law. Slaves and Freemen . Arist. l. ● pol. c. 4 , ● Arist. l. ● c. 3. Mark the Reason . Divers evident reasons against Belloy . 3 Reg. 21. Cap. inovamus 10. de cauebus &c. super quibusdam 26. §. de verborum signif . An Answer to the Objection out of the Prophet Samuel . Arist. l. pol. c. 1● Joseph . l. ● antiq . c. ● Deut. 1● 3 Reg. & 10. Psal. 2. By what Law Princes are punished . The difference beween a private man and a Common-wealth . The Prince Authority but subdelegat . In reguli● utrinque juris vide in sine sexti Decret . reg . 75.69 ▪ When an Oath bindeth not . Cicero li. 1. Offic. A clear Example . Math. 24. Regul . 68. in sine 6. Decret . Decret . Greg. l. Tit. 24. Decret . part . 2. ca● sa 22. qu● 4. c. 5. ● qu● 5. per●●totu● . Two principle cases when Oath hold not ●●wards a Prince . Aemil. l. 2. Hist. Franc. Belfor . in vita Childer Girad . lib. 3. The Speech of the Fren. Embassador for deprivation of their King. The conclusion how , & when Oaths do not bind Subjects The difference between a King and a Tyrant . Plat. dial . 1. de repub . Arist. li. 2. Pol. c. 5. Bart. li. de Tyrannide . Cicero . li. 3. de legibus . God. l. 1. Tit. 14 §. digna . Suet. c. 23. in Calig . Zoo . tom . 2 in Train● . See in the Chapter following . The Speech of a Souldier . The occasion of the next Chapter . The first ground of Laws and Limits to Princes . Entrance of Tyrants into their Government . The Rites of Admitting Christian Kings The manner of admitting Greek Emperours at their Coronation . Zonar . tom 3. Annal. in vita Anastas . Niceph. l. 16. c. 29. Evagr. l. 2. ●ap . 32. Ubi supr . The Grecian Emperors Oath . Zon. tom . 3 in vita Mich ▪ An. 820. Saxo. Oram . l. 10 Cranzius l. 3. me . trop . c. 12. The Crowning of Otho the first . Whiti●undus Hist. Saxon. l. 1. Ensigns of the Empire . Witicun . l. 2. Ubi supra . Election . German Electors . Blend . decad . 2. l. 3 Grant. l. 4. cap. 25. Sleyd . l. 1. Histor. An. 1519. The manner of the Emperours coronation at this day Sleyd . ubi supra . Interrogatories to the Emperour . Imperial Ornaments Second Oath . To be noted . The maner of coronation in Polonia . Alex. Guaguinrerum Polon . Tom. 1. & Oricho in Chimer . f. 90 , & 106. The King of Poland's Oath . Bod. de rep . l. 2. c. 9. The admission of Kings in Spain . Amb. Mor. l. 11. c. 17. Hist. Hisp. praefatejusdem concilii . The humility of King Sissinadus . Concil . Tol. 4. c. 74. Amb. Mor. l. 11. c. 17 Cap. 74. Conditions of reigning in Spain . Amb. Mor. l. 11. c. 23 , 14. Concil . 5. c. 2 , 3 , 4 , 5. & Conc. 6. c 16 , 17 , 18 Conc. Tol. 6. c , 3. The King of Spain's Oath at his Admission . Amb. Mor. l. 1. c. 23. Destruction of Spain . The beginning of the restitution of Spain . Amb. Mor. l. 13. c. 1 , 8. de la Chron. de Hispan . Kingdoms in Spain . The gothish Law of Don Pelayo King of Spain . Amb. Mor. l. 13. c. 2. Lucas Episcop Tuyens . in hist. Hispan . ●Lod . de molin . l. de hered . The old Spanish Ceremonies in making their Kings . The present manner of Spain . The manner of French Coronation . The old Ceremonies Belfor . l. 3 c. 20. Thevet . cosmograph . univers . l. 15. c. 2. Papir . masson annal . l. 3. p. 2.15 Gerard l. 3. de l. Estat . f. 238. Franc. Bel. Hist. Franc. l. 3. c. 20. in vita Philip . 1. The Coronation of King Philip the first . The Speech of the Father . Notes upon the King's Speeches . Memo●res du Til. c. eu sacre des Roy●s . The particular manner of Coronation . Proffsion of Faith. The Oath of the King of France . Belfor . l. 3. c. 20. The Peoples election and admission . The later Order of Coronation in France . The twelve Peers of France and their Offices in the Coronation . Temporal Peers . To be noted Gerard du● Hailan lib. ● 3. de l'estat pag. 240. 242. & 258. The ceremonies used at this day . Francis Belf. in vita Augusti . The coronation of Phil. II. Augustus . The Oath of the French King used at this day . The Archbishops blessing & Speech to the new King. The manner of Coronations taken from France . 1. Reg. 10.16 . 2 Reg. 2. 2. Reg. 1. The Holy Oyle of Rhemes . Belfo. l. 3. cap. 57. Estevan . Garribay . lib. 22. c. 1. Kings Crowned in Navarre and not in Spaine . The English Coronation taken from the French. Le Sacré des Roys . Folid . lib. 13. Hist. Angliae in vita Henrici . In vita D. Tho. Cant. apud surium in men se Decembris . The Speech of another Archbishop of Canterbury to the King. Stow in vita Hen. IV. Holings . in his Chro. pag. 476. & 1005. The Kings of England Regal Ornaments . Stow in vita Richardi 2. in fine . Admission and Coronation of King Henry 4. The Coronation of King Edward 4. Stow in vita Hen. V● p. 709. The Conclusion of this chapter . Absurd assertions of Belloy . A Pause . Gross Flattery . The propositions of Belloy apolog . cath . part . 2. § 7. Matth. 6. 2. Apolog. Cathol . part . 1. parag . 7. 3. Apolog. pro ●ege . c. 6. & 34. 4. Apolog. Cathol . part . 2. parag . 7. & pro Rege cap. 9. 5. Apolog. pro Rege cap. 20. Succession of Princes by Birth better than meer Election , and why . I. Reason . II. III. IV. The preheminence of Primogeniture . Genes . 15. & 49 Daut . 21. & 15. 2 Paralip . 21. & 3. Exod. 3. & 2. Rom. 9. & 12. Genes . 28. & 27. Two Points to be noted . Genes . 29. & 49. Exod. 1. 2 Reg. 5. 1 Paral. 3. Two Cases resolved . The Remedy of inconveniences by Succession . Election and Succession do help the one the other . Answer to the two Principal Questions . Succession greatly to be respected . What an Heir apparent is before his Coronation . Examples of Marriage . What respect is due to an Heir apparent . Why Princes do count their years from the death of their Predecessors . Gerard du Hailan l. 3. de Pestare pag. 241. No Heir aarent King , before his Coronation . An evident Argument . A rare Example of King Henry V. Polydor. Virg. lib. 22. Histor. Angliae in vita Henrici V. Stow in the beginning of the life of King Henry V. Notes of this Act. Admission of more importance than Succession . See their last words to their Mriends Sir Thomas Moore & Stow. Why divers Kings caused their sons to be crowned in their own days . Aird du Hailan lib. 6. Hist. An. 1001. An. 1032. An. 1061. An. 1131. An. 1183. 3 Reg. 1. Polyd. & Stow in vita Henrici II. The Civilian cloyed with copy . Objections . The Example of the Jewe . 1 Reg. 8. King Saul ▪ 2 Reg. 3. & 21.21 . An Objection answered . King David made by 〈◊〉 2 Reg 2. & 5. Psal 131. 2 Pa●al . 6. Adonias the el●er son rejected 2 ▪ Reg. 1. The Motives of Adon●as . Perswasions to King David to make Solomon his Successor . 3 Reg. 1. The Coronation of Solomon . 3 Reg. 1. A Point to be noted . The manner of admission of the Prince Rehoboam 3 Reg. 12. 3 Reg. 11. 5 Reg. 12. & 21. Four Races of Spanish Kings . Ambros. Moral . lib. 11. Hist. c. 12. 2 Race . Ambros. Moral . lib. 13. c. 2. Moral . lib. 37. c. 42.43.44 . 3 Race . ●●●bay lib. ●0 . c. 1 4 Race . Examples of the first Race . Concil . Tol. 5. c. 3. Conc. Tol. 4. cap. 74. Examples of the second Race . Episcop . Tuyens l. 1 Histoir . Ludou de Molin . li. de Hard. King Don Pelayo . Ambros. Mor. l. 13. cap. 6.9.10 . Sebast. Episc. Salam in hist. Hisp. King Don Alonso & Don Fruela . Moral . li. 13. cap. 17. An. 761. Many breaches of Succession . Moral . c. 21 King Don Aurelio . King Don Silo. King Don Alonso the Chaste . Mor. l. 13. cap. 25. A strange deliberation . Great Authority of Common-Wealth . King Alonso the chast reigneth the second time . Moral . c. 28. & 29. An. 791. Moral . li. 13. cap. 45.46 . Anno 142. An horrible Tribute . King Don Ramiro by Election . Moral . c. 31. The Kingdom of Spain a Majorasgo . King Don Ordonio An. 924. Moral . l. 16. cap. 2. An. 924. Don Alonso IV. Don Ramiro Moral . lib. 19. cap. 20. An. 930. Don Ordonio III. An. 950. Don Sancho I. Moral . l. 16. cap. 29. An. 950. Mor. l. 17. c. 1.2.3.4 . The end of the race of Don Pelayo . Of the descents following . Spanish Examples in the second descent . An. 1201 Garib . li. 11. cap. 12. & 17. Lady Elenor an English Woman Queen of Spain . Garib . l. 13. cap. 10. An. 12●7 . An English Queen Grand-mother to two King Saints at once Another breach of Succession . The Cord is put back from the Crown . 1276. Garabay l. 15. c. 1. an . 1363. Many alterations of Lineal descent . Don John the first bastard King of Portugal . Garib . l. 15. c. 22 & l. 34. c. 39. Of the State of France . An 419. An. 751. An. 988. Examples of the two Ranks of French Kings . King Pepin by Election . An. 751. King 〈…〉 . 〈…〉 ●●●●lan 〈◊〉 an . ●8 . Eginard Belfor . li. 2 cap. 5. The Uncle preferred before the Nephew . Paul. Mili hist. Franc. King Luys de bonnaire An. 814. Gerard. l. 5. An. 834 An. 840. An. 878. Baudin en la Chronique , pag. 119. Gerard l. 1 An. 879. Two Bastards preferred . An. 881. Luys Faineant King of Foance An. 886. Charles 4. le Gros ▪ King of France . Gerard. li. 5. An. 888 Odo a King , and after Duke of whom came Hugo Capetus . Ralph I. King of France . An. 927. An. 929. Luys IV. d' Outremer . The true Heir of France excluded . Hugh Capet otherwise Snatchcape . 988. Belfor . li. 3. cap. 1. An. 988. Defence of Hugh Kapetus Title . The Embassage of the States of France unto Charles of Loraine . Gerard l. 6. an . 988. Note this comparison Example out of the third time of France . Gerard. li. 6. an . 1032. King Henry preferred before his elder Brother . William Conquerour how he came to be Duke of Normandy Gerard l. 6. anno 1032. & 1037. Sons excluded for the Fathers offences . Gerard l. 7. ann . 1110 Belfor . l. 4. c. 1. & l. 5. Commaeus in commentar . l 1. in vita Ludovic . 11. Examples of the Realm of England . Divers Races of English Kings . The name of England and English . King Egbert the first Monarch of England . Polidor hist. Aug. li 4. in fine . An. 802. King Pepin of France . King Adelwolfe . An. 829. King Alfred . 872. King Edward Elder . An. 900 King Aleston the Bastard preferred . An 〈◊〉 . 〈…〉 hist. Angl. Stow pag. 130. An. 924. King Edmond I. An. 940. The 〈◊〉 preferred before the Nephews . 946. Polid. l. 6. St●w in 〈…〉 . 〈…〉 . King Edward martyrized . King Etheldred . 978. Polid. l. 7. hist. Aug. King Edmond Ironside . Queen Emma Mother to King Edward the Confessor . Many breaches of Lineal Succession . Sons of King Edmond Ironside . King Canutus the First . 1018 King Harald the Bastard . 1038. Polyd. l 8. hist. Angl. King Hardi●anutus . Anno 1041. Alfred the younger Brother preferred . King Edward the Confessor made King against Right of Succession . Prince Edward the Outlaw and his Children put back . Polyd. l. 8. Harald second King by Election . 1066. Polid. ubi s●p . 〈…〉 of England An. 1066. by Election . Gerard. li. 6. An. 1065 Chron. 〈◊〉 . l. 3. cap. ●4 . Antoninus part . 2. Chron. tit . 16. cap. 5. §. 1. Examples after the conquest . Polyd. in vita Gul. Conq. William Rufus King. An. 1087. Henry I. An. 1100. Mathild the Empress . King Stephen entred against Succession . An Act of Parliament about Succession . 1153. King Richard and King John. 1190. Prince Arthur put back . Two Sisters of Prince Arthur Duke of Britain . King John and his Son rejected . 1216. The Titles of York and Lancaster . The conclusion of this Chapter . Causes of Excluding Princes . Who must be Judge of the lawful cause of Exclusion . Open injustice to be resisted . What are the chief points to be regarded in ● Princes admission . Whence the Reasons of admitting or rejecting a Prince are to be taken Gerard. li. 3. de l' Estat . pag. 242. Three principal Points to be considered . Why ●e resolveth to treat of Religion principally . The chief end of a common-wealth supernatural . Philosophers and Law-makers what end they had of their Doings . The commonwealth of Beasts . The natural end of Mans commonwealth Sacrifices and Oblations by Nature . Gen. 8. Job 1. The chief end of a common-wealth and Magistrates is Religion . Genebrard l. 1. Chronol . de l. aetate . Genes 25. & 29. Deut. 21. 2 Parali . 21. Regard of Religion among Gentiles . Cicero li. 1 quaest . Tus. & de natu●a Deorum lib. 1. Pl●t●rch adverses 〈◊〉 Aristo . l. 7. Pol●ti . c. 8. The a●s●rd 〈…〉 Politicks . See before the Oaths made by Princes at their Coronations in the IV. Chapter . The Oath to Governours for defence of Religion . Collat. 2. Novella constit . Justin. 8. tit . 3. Note the form of this Oath written An. Dom. 560. How great a defect is want of Religion in a Magistrate . Lack of Religion the chiefest cause to exclude a Pretender Vide Digest . li. 2● tit . 1. leg . 8. & 10. Matth. 1● . Marc. 10. 1 Cor. 7. Lib. 4. deceret . Greg. tit . 19. c. 7. Whether difference in Religion be infidelity . Act. 23. 1 Cor. 8. 2 Cor. 5. 1 Pet. 3. Matth. 18 How he that doth against his own conscience . Rom. 14. 1 Cor. 14. & 10. See upon this place of S. Paul , S. Chrysost. hom . 36. in hanc epistolam Orig. l. 10. Theodor. in hunc locum . How dangerous to favour a Pretender of a contrary reli - Against Wisdom and Policy to prefer a Prince of a contrary Religion . The conclusion of the whole Speech . Notes for div A56468-e43320 A protestation of the Lawyer . Why they will not determin of any one Title . The Book of Hales and Sir Nicholas Bacon . The but of ●●l●s his ●●●k . 〈◊〉 R●●son . 〈…〉 The Book of M. Morgan and Judge Brown. Answer to the I. Reason . To the II. Reason . Highinton's book . George Lilly in fine Epit. chronic . Anglic . Sundry important Points . Divers other Nots and Pamphlets . Sir Richard Shelly . Francis Peto . A Treatise in the behalf of 〈◊〉 Infanta of Spain . Discent of William the Conqueror . The Children of the Conqueror Polid. l. 9. in fine Stow in vita Guliel The miseries of Duke Robert and his Son. Stow in vit Gul. Conquest . William Son of Duke Robert. Belfor . l 3. cap. 42. An. 1128. King William Rufus Tareagnotta l. 2. del . Hist. del mondo . K. Henry . Polydor. in vita Henrici 1. The House of Britain by the elder Daughter of the Conqueror . Belfor . l. 3. Pag. 423. Conan Duke of Britain Poysoned by William the Conqueror . Bel●or . l. 3. Cap. 12. A● . 1095. ex chronic . dionis . The Daugh ▪ of Spain ●re of the ●loud Royal of England . The Houses of Bloys . Why Stephen was admitted King of England . Girard l. 6. Belfor . l. 3. The Issue of K. Stephen . K. Henry the II. Belfor . l. 3. cap. 50. An. 1151. Gera●d . l. 8 pag 549 King Henry II. his Issue . Stow in vita Hen. King Richard. Duke Geffrey . Paradyn apud Belforest . Belfor . l. 3. cap. 71. An. 1203. Belfor . l. 4. cap. 4. King John and his Issue . Miseries that fell upon King John. Po●i l. Holl●●g 〈◊〉 Stow ●n vita Johannis . The issue of King Henry II his Da●●●ters 〈◊〉 l. 3. c. ●9 . 〈◊〉 ▪ 115● . The Issue of Lady Eleanor Queen of Spain . Polyd. l. 15. in vit . Johan . Steph. Garib ▪ l. 12. cap. 31. Queen Berenguela . Garibay l. 12. c. 52. Pretences of the Infanta of Spain , to English & French States . K. Henry ●he 3. and his Issue . The meeting of three Houses . Prince Edward . Duke Edmond . Lady Beatrix , daughter of K. Henry 3. The Pedegree of the Dukes of Britany . The great Contention between the Houses of Monford and Blo●s in Britany . Burgundy and Orleans . The controversie between the House of Monford and Blois . A question about succession between the Uncle and the Niece . The House of Blois overcome . The succession of the Monfords in Britany . Francis last Duke of Britany . How the Dukedom of Britany was united to France . The Issue Male of K. Henr. 3. The Bishop of Ross in his Book of the Queen of Scots Title . George Lilly in fine Epitomes Chron. Anglic. That Edward was the elder . Mat. West . in vit . H. 3. & Hollingshed ibid. p. 654. Hollingsh . in vit . H. 3. p. 740. & 777. Edmonds Line never pretended to the Crown . Note this consequent . The eldership of Edmond a fiction . Polyd. in fine vit . Henr. 3. The Issue of K. Edward the ● . The Issue of Edmond Crouch-back . Collateral Lines of Lancaster . 〈…〉 of K ▪ Edward 3. The Red Rose and the White . Issue of the Black Prince . The Issue of Leonel the 2d . Son. The Issue of Edmond the 4. Son. The Issue of Thomas the 5. Son. The Issue of of the 3d. ●n , Duke of Lancast. The Issue of L. Blanch. Lady Philippa married into Portugal , and her Issue ▪ Lady Elizabeth second Daughter . The Issue of K. Henr. 4. The Issue of John of Gaunt by his second Wife . The controversie in Spain between King Peter the Cruel , and his Bastard brooh●r . Garibay , l. 15. ● . 26. Of Lady Catharine Swinford , Hollinshed in vita Rich. 2. p. 1088. The Duke of Lancaster 's bastards made legitimate . Hollingh in vita Kich . 2. pag. 1090. The issue of Katharine Swinfords children . King Henry VII . The Dukes of Somerset . Polidor hist. Ang. lib. 23. Hollings . in vita Edwardi IV. pa. 1314. & 1340. What heirs of Lancaster now remain in England . The Issue of the House of York . Richard Earl of Cambridge executed . Richard Duke of York slain . Edward Duke of York and King , his Issue . The Line of the Pooles . The Line of the Hastings . The Barringtons . King Richard 3. Issue of K. Henry the 7. Issue of the Lady Mary of Scotland Issue of Mary , 2d . Sister to K. Henry . Lady Frances . Stow , An. 7 Edw. 6. Of Lady Eleanor of Suffolk . Variety of Authors opinions about this controversie . Polyd. in fine vit . Henr. 3. & initio vit . Henr. 4. & in vit . Ric. An. 1386. The Allegations of the House of York . The story of the controversie between Lancaster and York . Polyd. in ●●a Ri●h . 2. l. b. 20. King Richards deposition . Chief points of the controversie between Lancaster and York . Three p●●●t King Richards deposition That a 〈…〉 1. Reason . 2. Authority . 3. Examples . Whether the causes were sufficient of King Richards deposition . The H●●se of York chief 〈◊〉 in deposing K. Rich. Polyd. Hist. Angl. l. 20. Addit . ad Polycronicon . Testimony of Stories . The evil government of K. Rich. Stow in vit . Rich. 2. pag. 502. regni 11. A great insolency . The evil Parliament , Stow an . 21 regni Rich. The Duke of Lancaster called by common request . Frosard . Walsingham . Whether the manner of deposing K. Richard were good . Arms necessary for removing an evil Prince . 〈◊〉 of 〈…〉 by 〈◊〉 Forces . King Eglon slain in his Chamber . Judg. 3. Saul put down by violence . 1 Chr. 10. vers . 9. Rehoboam deposed by his Subjects of ten Tribes . 2 Reg. 11. & 12. 2 Paralip . cap. 10. Joram and his Mother Jezabel deposed by force . 4 Reg. 9. Athalia deprived by force . 4 Reg. 11. Whether Lancaster or York should have entred after K. Rich. Polydor l. 20. in vit . Rich. Stow in vita Richardi 2. Whether 〈◊〉 Earl of 〈…〉 or 〈…〉 K. R●●h ▪ The Title of York is by a Woman . Stow in vit . Hen. 5. an . 3. regn . The Earl of Cambridge executed for Conspiracy . An objection for York that Edmond Mortimer was declared Heir appa●●n . Polyd. l. 20 & Stow in vit . Rich. 2. an . 1385. Hollingsh . in vit . Rich 2. p. 1038. Stow an . 1382. Polyd. l. 20 an . 1394. The cause of hatred between K. Richard and the House of Lancaster . John Frosard in Histor. Polydor. Hollingsh . Stow in vit . Rich. 2 W●l●●●gh . 〈…〉 , 2. p. 341. & 3●● . John Frosard in vit . Henriet . 〈◊〉 Roger Mo●ti●●● was de●l●red H●●r 〈◊〉 . Hollingsh . in vit . Richar. 3. p. 1406. & in vit Edwar. 6. p. 1715. The declaration of K. Edw. 6. in favour of the Lady Jane Gray Girard du Haillan l. 15. his Franc. initio . 〈…〉 . 〈◊〉 . in ●●tent . Po●●●nem . C●●e suis , & leg . haered . The second ●●●m●le of the Uncle . An exam●pl● of the Uncle before 〈◊〉 Nephew in Spain . Gar●bay l. 13. c. 1● . an . 1276. Another example in France and Flanders . Polydor. l. 15. in vit . Edw. 3. Ano●●e● example of Britany . Supra c. 2. Another example ●n Scotland The contention of the Houses of ●alliol and Bruse in Scotl. Examples in England . Hollingsh . in vit . Regis Johannis , p. 142. How Arthur Duke of Britany was declared Heir apparent . Polydor l. 14. Hollingsh . in vit . Ric. 1. p. 480. Hollingsh . in vit . Richardi Regis , p. 496. & 499. Hollingsh . p. 540. Walsingh . in Ypodig . Neustriae . Opinions of Lawyers for the Nephew and Uncle . Benedict . Cap. Ranutius verb. in eodem testam . Baldus in lib. ut in test . cap. de suis & leg ▪ haered . & per. li. unicam pro 20. sui autem & novissimo . Touching the Common Law of England Different rules in succession of the Crown , & of other Inheritances . The Common Law grounded in Custom Ancient Lawyers that defended the House of Lancaster . Hollingsh . in vit . Henrici 6. p. 1300. The sum of this controversie repeated . Other Arguments of Lancaster . Stow in vit . Hen. 5. p. 587. The Princes of York often attainted . Stow in vit . Hen. 6. York entred by violence . Stow in fine vit . Henrici 6. The House of York put down a Holy King. Long possessions of the House of Lancaster . 5. The difference of Kings of both Houses The Princes of York cruel one to the other . Polydor Virg Hist. Angl. l. 24. Great union and faithfulness of the Princes of Lancaster . Polydor lib. 23. Dissentio●s in the House of York . K. Edw. 4. K. Ri●h . 3. K. Henry 8. how many he put to death of his own Kindred . The de la Pools . The House of Buckingham . The House of C●urt●eys . The House of Salisbury . Seymers put to death . Queen of Scots . 7. N● old noble House standing in England but such as took part with Lancaster . Five ancient noble houses . Arondel . Oxford . Northumberland . Westmerland . Shrewsbury . Houses that favoured York destroyed . 〈…〉 〈…〉 Poo●●● , 〈…〉 of 〈◊〉 and Warwick . King Henry the 7. Chowned in the field in respect of the house of Lancaster only though his title that way was not great . A division of the families that do pretend . Of the house of Scotland . Arabella . In favour of the King of Scots . Argument against the King of S●ots . The King of Scots not of the House of Lancaster . The King of Scots forrain born . The controversie about forrain birth . How strangers may inherit . Reasons why the statute toucheth not one case . The Crown not holden by allegiance . 5. Reason . King Henrys Testament against the King of Scots . Answers to the King's Testament . The King of Scots excluded by the statute of association . Joyning of England and Scotland together . Polyd. lib ▪ 17. in vit . Edw. l. Inconveniences of bringing Strangers into England . A Consideration of Importance Polyd. Hist Ang. l. 8. & 9. Example of Spain . Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal . Garibay l. 34. c. 38. An. Dom. 1383. S●ow pa. 4. 54 , 59 , 90 ▪ 76. Of ●he 〈◊〉 of Scotland . Of the title of Lady Arabella . An English Woman . Against Arabella . Not of the House of Lancaster . The Testament of King Henry . The countess of Darby nearer by a degree . Illegitim●tion by ●●s●ardy . The Testimony of the L. William Howard . Other reasons of 〈◊〉 against Arab●l● . 〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. ● . The Issue of Charles Brandon . Issue of Lady Frances . Stow an . 7. Edon 6. The Issue of the Lady Katharine . The Issue of Lady Eleanor . Allegations of the Houses of Darby and Hartford the one against the other . Charles Brandon had a Wife alive . First Bastardy against the Issue of Hartford . Stow in vit . Edward An. 1553. 2 Bastardy . 3 Bastardy . The fourth Bastardy common to both Families of Suffolk . The Answer of t●ose of Hartford to the foresaid Bastardies . Of the marriage between the Earl of Hartford and the Lady Katharine Gray . How the second Son of the Earl of Hartford may be legitimate . Allegations of the House of Darby . Why the Earl of Huntington●● ▪ House is 〈◊〉 to be of the House of Claren●e Issue of t●● House of Cl●rence ▪ Issue of ●i● Geffrey Poole . The interest and pretence of the Earl of Huntington Objections against the Earl ●f Huntingt●n . Restitution may be in bl●●d without restitution of dignity . The Pretence of the Pooles against Huntington . Objections of Religion ▪ The House of Britany . The course of Inheritance in the Crown of France . First pretence of the Infanta to England . Polyd. in vit . Guil. Ru●● Second pretence of the Infanta of Spain . Pretence to Aquitain . Polyd in vit . Johan . & Garib . in vit . Alfons . Pretences to England by Lady Blanch. Stow in vit . Johannis . Garib . l. 12 c. 38. Pretence by Arthur Duke of Britany . Belfor . l 3. c. 71. Hist. Fran. Election of Lewis VIII . to be King of England . Po●yd l. 5. Hist. Angl. Hollings . & Stow in vit . Johannis . Belfor . l. 2. c. 67. Girrard . l. 5. Histor. Baudin . an . 891. chron . France . Pretence by Descent from Henry III. Admission by Composition . Objections against the Infanta's pretence . The Princes of Portugal are of the House of Lancaster . The Issue of Lady Philippa Qu. of Portugal . Issue of ●●hn of Gaunt 〈…〉 ●ee the Ar●●● 〈◊〉 ●he 〈…〉 Book The point of difficulty . Issue of Catharine Swinford . The principal question . Answer . Dutchy of Lancaster . The Crown . An example of Edward the sixth , and of the Prince of Spain . 〈◊〉 of 〈◊〉 of Portugal .. The Dukedom of Lancaster . The Legiti●●●ion ●f C●th●rin Swinf●rds Chil●●●● no● lawf●l . Stow in vit . Ri●har . 2. Garibay h●st . Portugal . l. 35. cap. 4. Note this example ●tow in vit . Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the L●gitima●ion . The Question between Lady Philippa and John of Somerset . The Question between the Nephews . 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th . cannot descend to King Henry the 7th . Who are the Princes of Portugal , and how they pretend ●o England . The Issue of King Emmanuel of Portugal . Issue of K. John the 3. of Portugal . K. Lewis Father of Don Antonio . K. Henry Cardinal . The pretence of the Qunen Mother of France to Portugal . Five Pretenders of the Crown of Portugal . The contention about the Succession of Portugal . Attorneys sent to Portugal . A Sentence of Ill●●●imation against Don Antonio . Writers of this Controversy . The Causes why Don Antonio was pronounced Illegitimate . Don Antonio his pretence to England . Three principal pretenders of Portugal . Pretences of the Duke of Parma . For the Dutchess of Bragansa . Representation excluded . A Reply for ●he Du●e o● Pa●ma . King Philip 's pretence to Portugal . Divers allegations for King Philip. Hieron . Frak● , Jo. P●et . Vipe● anus . The case of pretence of the House of Portugal to England . An objection with the answer Objections against the Pretenders of Portugal . Answers . Note this . By what Title King Henry VII . did enter . About foreign power in England . About Foreign Government . The occasion of the next chapter about Foreign Government . Reasons against foreign Government . Polit. Arist. Demosthenis Philippicae , & in Aeschines . Attempts to deliver Realms from strangers . Quint. Curt. l. 5 . & 6. de gest . Alex. Vespere Sicilianae an . 1265. Leand. in descript . Siciliae . Polyd. l. 8. Hollings in vit . Camiti . The rage of the French against the English . The conclusion against Strangers . Authority of Scripture against strangers . Deut. 15. The answer in defence of foreign Government . The effect of Governments to be considered , and not the Governours An Example . Little importeth the Subject of what Country his Governour is , so he is good . 1 Reg. 12. Not the Country but the good Government importeth . Note these examples . Who are properly Strangers . Divers manners of being under Strangers . To be undder strangers by Conquest . How Conquerours do proceed towards ●he Conquered . Polydor Virg. l. 8. Hist. Angliae . Clemensy of the Romans . Lib. 1. Macchab. ●ap . 8. Strangers most favoured in wise Governments Gascoynes . Britons . Candians . States o● Italy . The condition of the Irish under the English. Of the States of Flanders . Girard du Ha●lan l. 18. an . 1381. Prosperity of Flanders under the House of Austria . In Gui●ciard . nella descrittione delli pasi bassi . The Authority of the Flomings at home . The Indulgence mi●d ●o offenders 〈◊〉 ●landers . The Spaniard punisheth less in Italy than nearer home . V●ceroyes do give account of their Government . Much slaughter of Nobility in England Execution of Nobility by Henry the eight . Under King Edward and Queen Mary . States governed happily by foreign Princes . Old afflictions of Naples and Millain . Whether a great or little Prince be better . Pedro Mexio en vit . de Antonio Pi●● The felicity of the Roman Government The second way of being under a foreign Prince . A foreign Prince without Forces not prejudicial Note this utility of a foreign King. The manner of foreign Prince more commodious for the present . A third way of being under foreign Government . 〈◊〉 of 〈◊〉 G●ve●●ent . Incon●●●ence● of t●●s Government . Strange Governo●●● desired in some Realm . The Answer to objections against foreign Government . Answer the Grecian Philosophers and Orators . Demosthenes . The troublsome state of the Grecian Cities . Arist. l. 2. ●olit . c. 1.2 . ●●●wer to 〈◊〉 objection out of Deuteronomy . Deut. 15. Secondary Lines . Ambiguity of Prevailing . Two Grounds of probability of speeding Three Religions in England . The great Importance of Religion in this Action . The next Change like to be difficult , and why . The consideration of the Protestant Party . The Clergy The Council and Nobility . Persons designed or favoured by the Protestant Party . Foreign Friends of the Protestants . Of the Party Puritan . Persons affected by the Puritans . External Friends . Lutheran● The Puritan at home . Those of the Roman Religion . T●e R●man Party gr●at , and w●y . 1 Reg ▪ ●2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular . The King of Scotland Arabella . The Lord Beacham and the Earl of Darby . Alliance of the Earl of Darby . A●●ance of the Seymers . Alliance ●● the Stanleys . A●l●ance of the old Countess of Darby . The States of the Lord Beacham and the Earl of Darby . 〈…〉 Lords The Earl of Huntington . 〈◊〉 of the 〈…〉 ●unting●●● The Power of London . Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal . Infanta of Spain . Duke of Parma . The Duke of Bragansa . Power of foreign Pretenders The first Conjecture that there will be War , and why . Sup. c. 4. A consideration to be marked . The second conjecture no main Battel probable . The third Conjecture who is likest to prevail . For the Infanta of Spain . For the Earl of Hartfod's second Son. Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit . Steph. 
A58510	----	Remarks upon the most eminent of our antimonarchical authors and their writings viz. 1. the brief history of succession, 2. Plato redevivus, 3. Mr. Hunt's Postscript, 4. Mr. Johnson's Julian, 5. Mr. Sidney's Papers, 6. upon the consequences of them, conspiracies and rebellions / published long since, and what may serve for answer to Mr. Sidney's late publication of government &c. 1699 Approx. 1074 KB of XML-encoded text transcribed from 410 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A58510 Wing R949 ESTC R29292 11066719 ocm 11066719 46218 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58510) Transcribed from: (Early English Books Online ; image set 46218) Images scanned from microfilm: (Early English books, 1641-1700 ; 1430:1) Remarks upon the most eminent of our antimonarchical authors and their writings viz. 1. the brief history of succession, 2. Plato redevivus, 3. Mr. Hunt's Postscript, 4. Mr. Johnson's Julian, 5. Mr. Sidney's Papers, 6. upon the consequences of them, conspiracies and rebellions / published long since, and what may serve for answer to Mr. Sidney's late publication of government &c. Neville, Henry, 1620-1694. Plato redivivus. Johnson, Samuel, 1649-1703. Julian the apostate. Sidney, Algernon, 1622-1683. Discourses concerning government. Hunt, Thomas, 1627?-1688. Postscript for rectifying some mistakes in some of the inferiour clergy. [24], 8-765 p. Sold by the booksellers of London and Westminster, [London] : 1699. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Great Britain -- Kings and rulers. 2000-00 TCP Assigned for keying and markup 2002-01 Apex CoVantage Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 John Latta Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion REMARKS Upon the most Eminent of our Antimonarchical Authors AND THEIR WRITINGS . VIZ. 1. The brief History of Succession . 2. Plato Redevivus . 3. Mr. Hunt's Postscript . 4. Mr. Johnson's Julian . 5. Mr. Sidney's Papers . 6. Vpon the Consequences of them , Conspiracies and Rebellions . Publish'd long since ; and what may serve for Answer to Mr. Sidney's late publication of Government , &c. Sold by the Booksellers of London and Westminster . 1699. The Contents . INtroductory Remarks . Page 1 CHAP. I. Historical Remarks on the brief History of Succession . 20 CHAP. II. Remarks upon their Plato Redevivus . 145 CHAP. III. Remarks upon Mr. Hunt's Postscript . 350 CHAP. IV. Remarks upon Mr. Johnson's Julian . 445 CHAP. V. Remarks upon Mr. Sidney's Papers . 449 CHAP. VI. Remarks upon their Plots and Conspiracles . 672 Introductory Remarks . FEW Persons amongst the mighty numbers that have writ , shall condemn more the Vanity of Writing ; tho' I hope as few have used it less in Vain : The first Design of my putting Pen to Paper , was only to correct the Licentiousness of Paper and Pen , and to supply with a timely animadversion , the Expiration of a temporary Act ; 't was Time sure , 't was high Time for every Loyal Heart to use his Ink , when they had almost scribled us all into Blood ; and to weeld his Pen in the defence of the Government , when the Knife was at our Throats , and their Swords drawn : I know the weakness of the dint of Argument against the power of Steel : And the Impertinence of persuasion where the Law can Compel ; but since the Pen has the power of provoking a Rebellion , and that experienced , 't is as warrantable an experiment to turn its Point ; and make the same Wand to lay the Devil that it raises ; and since the Laws were almost silenced only with their threatning Arms : 'T was time to animate the dead Letter : To make it know its force and exert its power ; and to strengthen a Government : That seem'd but too weak for its self , and unhappily distrusted its own security ; And that to this purpose the power of the Pen has not been ineffectual , will appear from these subsequent Observations ; Which the comfortable success will better justify , than their prosperous Rebellion could have been made again Just ; and which I 'le assure you now 't is some Comfort to observe : Especially to those that were so bold as to be concerned , that dared to stem the torrent of Schism and Sedition , when 't was but a dangerous Duty ; and embarqu'd with the Government , in a storm ; when the Waves rose and raged horribly , and the gathering of the People , was like the noise of many Waters . It is observable that upon the first dissolution of the Westminster Parliament , that which might be as well called the healing one ; whose sober debates had superseded the sullen unadvisedness of the subsequent : closed the wounds of an Intestine War , cemented the Government of Church and State ; Compact , and firm ; for about twenty years ; beyond what the force of Rebellion could devide ; or Plot and Treachery undermine ; That Parliament which they Libelled , Publisht for Pensionary ; only because it would not take pay of the People , where perhaps , they would have been truly paid . That Parliament which with regret they call the long : And all honest Hearts resent as too short ; whose unhappy dissolution rivall'd almost the fatality of the late perpetual sitting ; whose Prudent Progress gave some probability of sounding a Plot : which others inconsiderate rashness hath left without a bottom ; if not beyond belief or Foundation , by proceedings unwarantable and bold . 'T is observable , I say , that then the Serpent of Sedition , that like the Primitive one was curst in the Restoration , forc't to creep on its Belly , and crawle upon the Dust , began first to raise its Venom'd head ; and with audacious Libels , spit its Poyson in the very face of Majesty : We know we had Plots before , and that Oats his too ; not as a Discoverer , but as prime Rebel , and Conspirator ; not as an informer of Popish ones but a Ring-leader of a Republican : we know we had then too our Tongues that were hanged for Treason ; as well as those that could since get Traytors Hang'd : yet still midst all those unsuccessful attempts to Rebel , Sedition never grew fo much and succeeded , that blessed Interval of near twenty years quiet , tho oft endeavoured to be interrupted , never afforded so much Treason from the Press , as for the last five years has been Publisht in their Prints ; Libels lookt as if they had been Licensed for a Lustrum ; and as if the temporary Printing Act had expired seasonably , 't was never resolved amongst all their Orders to be revived ; 't was opposed even when moved , unanimously , that Treason too might be Publisht with a Nemine contradicente ; 't was presumed , I suppose , the better Pen-men were their own ; and I grant them the more pestilent ; that could spread their Contagion as fast as the Plague , and to the Monarchy as mortal ; for almost five years the Distemper was Epidemick ; and the State Empericks had poysoned the body Politick almost beyond the Antidote of true Medicine and Art , it Sympathis'd with Pestilence in the Natural , almost incurable ; reigned most populously in Towns and Cities ; and turned every Corporation into a politick Pest-House : Appeals , vox Patriae , Liberties of England ; Fundamental Rights , were exposed in Capital Letters upon every Stall ; and that dedicated to Representatives ; and some Penn'd by them too ; for the Information of the People ; or in a less prepostorous Phrase for their Confusion ; Sedition seemed to be countenanced with suffrages , and seconded , as they thought , with the supream power of the Nation . They expected Treason should have been enacted for Law ; and Laws repealed that had declared High Treason . 'T is almost preposterous and incredible , tho' unhappily too true , that more Sedition was fomented from the discovery of this Popish Plot , than all the Jesuits in Hell could have raised , while yet undiscovered , we forged out one anothers ruin from the very deliverance ; and to fall with harder fate the less to be lamented ; by our selvs , and just escapt the storm we strove to perish more miserably in the Port. Such was the state of affairs , when some of our Loyal Hearts first ventured to stem the Tide , the fierce influx of an Impetuous Rebellion ; that like a true torrent came rolling on with noise and clamor ; and threatned ruin from afar : The first that opposed the Great Goliahs of their Cause , that defyed too even the Armies of the living God ; and the strength of his Anointed ; was he who from his Youth had serv'd the Crown , with his Pen as well as his Sword ; and before him too did their Dagon fall ; one whom they had designed formerly for a Victim , when they sacrificed , their Prince ; whom Providence reserved for their Scourge , and for which since some of them have publickly curst its dispensation , Libelled him in their Emblematical Representations , ( in which , I consess , they neither spared their King ) breaking his Halter like a Dog , and running for his Life and Neck ; and that by the very same hands of Villains that had forfeited their own to the Government , and were afterward faster noosed . How Zealous were our Popular Patriots against the least animadversion that was made on the most audacious Libel , and even Judges themselvs arraigned , for dering to execute those Laws , the meanest villain , could daily dare to violate : How curious to enquire for the least accusation against the worthy Person above described , and only because he dared to do his duty ; when 〈◊〉 dangerous to do so : It was a pretty sort of expedient , tho the most absurd Politicks , for the countenancing of the Popish-Plot , to bring every one concerned in it , that would not swallow the whole Mass of it raw , crude and undigested ; and that before they had cook'd it up with Nartative too ; while their Protestant rashness at the same time precipitated them but into a Romish Doctrin , of Resignation to their Senate instead of a Church , and believing their house of Commons with a Faith implicite ; yet this was all done too , and this Gentleman whose Writings only declared him a little 〈◊〉 in matters of belief ; ( when even by the most 〈◊〉 in all Ages , it has been allowed to doubt ; and by the Great Des Cartes the wisest Philosopher as a step to the knowledg of the Truth . ) Him 't was expedient to Metamorphose , with the power of an Oath ; which was then Omnipotent , from an avowd Protestant , into a profest Papist : I use that poetical Expression , because they might as well have sworn him through all the transformations of Ovid , into Bull , Bear ; or Dragon , born a prosest Son of the Church , conformed through all his Life , to all its Ceremonies ; a Champion for her with his Pen , and with it a publisht Enemy to Rome , even in his own Works ; having about him Eyes , Nose , Ears : And from Head to Foot all the true shapes of a Protestant Humane Creature ; but the Spell of Affidavit beyond that of Circe , turned Him all into the Beast of Babylon ; all his Hair vanisht into a shaven Crown ; The Whore came riding on his very back , and the fleecy Cowl of Priests came tumbling o're his Shoulders ; and the Common-Prayer he held in his Hand , ran all into red Letters , and the Mass-book : His being a Papist , and a Priest , was as much credited as the Plot it self ; and might have had the Resolution of the House of Commons to the point of his Religion as well as the truth of the Conspiracy ; not a Member but was well satisfyed of his Apostacy , and could Menace him in Publick with a Topham or a Tyburn . And he the first Instance , that under a Government yet establisht , a Religion then Laboured for with Zeal , who for Writing in the defence of both , was fore't to fly for his security and Preservation , tho as publickly cleared from the perjur'd Accusation , before his King , before his Council , as good Judges at least as the Credulous Commons ; these careful Patriots being often abused by their Country-men , for whom they were so Zealous ; Oaths , Assidavits , and that Cloud of Witnesses , had almost obscured the light of Reason and Vnderstanding . Another Worthy Person , tho' unknown , that at the same time blest our Land with the Benefit of his Pen , while with the bounteous river he hid his head ; whose Ingenious Dialogues only Corrected their sawey Libels ; with a smile and with a pleasant reproof of their Falshoods made them feel the smartness of his Truth : Him they Libelled too for Popish , Mercenary , Pensioner to the Party : So Zealous were they for the subverting of the Government , that they could damn all that did but dare to assert it ; Break the very Laws of society in their Censures ; and what they could not prove with their Affidavits condemn upon Presumption . With what sawcy ; Petulant Animadversions did they treat the Dean of Paul's Sermon of Separation ; A piece penn'd with that Judgment and Moderation , that it was only envyed for being so ; commended and applauded by the Pen , even of one of their most virulent Scriblers , that had engaged Himself for the vilifying of the Church , in which he was Christned ; and fighting against the Banner of his Christ , for which he had vowed himself a Souldier ; * And with the subtile Insinuation of righting of her Prelates , wrong'd and abused her whole Hierachy ; yet such an one could allow that peaceable and pious piece , to be without exception ; but what Reason could not resist , must be baffled by a Baffoon , and a Pen employed to Burlesque the very Bible , rather than want an answer to the Text ; and the sacred service of the Church , prophaned with the tropes of Trinkets , and the Metaphor of an Hobby-horse ; tho upon other Occasions she can be transformed into the more terrible beast of the Revelations : The Author was Anonymous , and so escap't the thanks of the House ; but what ever were the scurrilous Animadversions on the foresaid , and the like Ingenious , Loyal , and elaborate pieces ; 't is observable they had so much Influence on some of our blindest Zealots as to open their eyes , brought some of their Villanies to light , that had been so long transacted in the dark , and drove the Faction to stand a little at bay , that had ran the Nation almost out of her Wits ; coold their brutal Zeal down into Humane Sense , acquainted them with what was truly Religious , and heartily Loyal , instead of a devout Phrensy and a mistaken Loyalty . All that I can arrogate to my self , is but what I shall always be proud of , of having done my Duty , and that to my Soveraing , as well as his Subjects , in a seasonable Animadversion on as damnable a piece of Treason , as ever was brooded by the most perjur'd heads that ever ; hatcht a Rebellion : That specious pretext of an Association , That Covenant to Rebel against the Life and Honor of their Prince , with Scripture warranty ; and in the fear of God ; tho' the very Text tells them , touch not mine Anointed ; And next to fearing their God , follows honouring their King. I cannot say I was Instrumental in the following Abhorrences ; but hope the God of Heaven , blest my poor endeavours so far as to encourage but an Abomination of the draught of Hell , which I hope too , I there represented as black as the Devil that contriv'd it , or to give it its true Colour , almost in its own blackness ; my foreboding thought shewed me in it like a Glass , all the Villanies and Treasons that have since succeeded , tho' not prospered ; The very Scheam and Embryo of this teeming Plot ; The very Metaphor of the Trojan horse that carryed Fire and Sword in its Belly , brought within the Walls of our House of Commons , as they themselvs assure us ; I am sure as unhappily as that within those of Troy by almost pulling them down , and exposing the whole Kingdom to the flame ; and that too by the treachery of as false a Sinon of our Age ; as great a Renegado to Prince and People ; and whom they too had saved from being Justly sacrificed , only for their ruin , and destruction ; And that I have done in spight of those Censures , I have laboured under of having been Mercenary and set a Work of having been more Zealous than Wise : As an Anonimous Scribbler has been pleased to represent to the World ; but I thank my Stars that have envolved me with the fate of the Government , and when ever that can't stand , I desire to fall ; but the puny pedantick Soul shall know , I can give him a prefatory Animadversion for his Postscript Reflexion . As to my being Mercenary , whoever condemn me for that , are as Ignorant in their Censures , as unreasonable ; for I did for the Prevention even of that very Callumny decline the taking of a single Penny ; the least sort of gratuity , for any Copy , or single Letter ; that in the plain , Litteral Sense , I might be said to serve the Government for nought ; I thank my God that has allowed me that Competency , that I can write with pure Affection , and not for Bread , with the sense of my Soul ; not of my Belly : Tho' it has appeared on Evidence , that the great Patron of their Cause kept open entertainment for the pampering Sedition ; and feeding the flames of Rebellion with the very sops of his Table ; discommending there the most virulent Satyrs , only because not bold enough in expressive Treason ; but too little favouring Rebellion . And as for the Presumption of my being set a work , of which they have accused me too in their Prints , that 's more false than it is truly malicious ; the villains thought none bold enough of himself to defend the Government , when they could with so much Impudence invade it , I was so far from being instigated by Persuasion , that even my own acquaintance , my most familiar Friends , were unconsulted ; and my Person at this very time unknown to any single Person of that Court Party they would have me to serve , I urgd this to let them know the falseness of their sordid Suggestions , and the real truths of their most malicious falsehoods , and moreover and above , all , the goodness and equity of that Cause , I shall ever defend , and that more willingly with all my dearest blood , than one drop of Ink ; that Persons resusing profit or , emolument , without application for interest or preferment , discourag'd , disgusted , and hardly dealt with , even by some of those seats of Literature , where they say the Doctrine is nothing but absolute Dominion ; and the best of teaching Tyrany , tho indeed , nothing but the solid Seminaries of true learning and Loyalty . But to satisfy such ; themselvs , and their Treasons , set me a work , both black anough to have exasperated the dullest Soul ; And even a Dumb Son would break into Speech , to see the Father of his Countrey ready to be slain . But besides one whose age will scarce permit him to be prejudiced with much reading , or Authority , having had but little time to Consult much ; so that whatever my sentiments are , they must proceed from the agreeableness of so good a Government , to pure , natural ; and unprejudiced ; Reason ; to the Principles and Instinct of uncorrupted Nature it self , and the very well Being of an Humane and Civil Society . But for this Gentleman , or rather that spattering Scavenger , who for Expressions of an unfeighned and hearty Loyalty , only for a specimen of his profession , would return to his throwing of Dirt ; and stampt my Character , as they did then themselvs and their Treasons in Print , I shall scarce retort his calumnies for fear of wearing the badg of his Office in a filthy stile and foul Fingers ; 't is enough to repeat them ; and his own stroaks will return best in the rebound . I were more Zealous than Wise to turmoyl in a thing never owned by any Person , and calls it a hard shift to beg a Question . As for my Zeal I will even acknowledg to Him , for my Wisdom shall submit to better Judges ; but if the Sot had not been so silly , as to be beyond the sence of Impudence ; his Countenance of hardened Brass , could never have called that begg'd which was sworn upon the Bible , and openly produc'd ; and that not by Beggars , rak't out of their own Dunghils , their dirty Bogs of Irish Affidavit , fitter to be carried out with our night Weddings , than woed as they were to come over for the drudgery , for sending a poor Priest , and a Plunket to our Tyburn ; But when at last they were like to stick in their own Mudd , then their own Mercenaries , with an Ingenious Malice were fob'd off for our Hirelings , tho they knew they were shipt over by their Patron , the Noble Peer , wretches that were tied up afterward to their own Gallows in Ireland ; I am not tender of the poor Priests Person , tho his case was hard ; the Kindness I have for my Protestant Religion may make me less compassionate for Men of different persuasions ; but the profession of any Law , will make a man concerned for Common equity , that a criminal cleared by his own Natives , the best Judges of Circumstantial Truths , and Humane Probability , should be found guilty by Forreigners , exposed to the delusions of a Probable Lye : But if the wretch has the Considence , to survive his Conviction ; can he call it now Begg'd , when the Gentleman at whose door 't was laid , there powerful Patriot , their deifyed darling , has appeared since the very Devil of Rebellion , double dyed in Treasons , designed Murders of the Royal Line , and intended Massacre of the best of People ; and that beyond the Contradiction of Impudence it self ; Having transcribed all that Rebellious Scheam into the graphical Plan of his Conspiracy ; raised upon its Foundations , an Insurrection as sure as Plot and Treachery could contrive ; the train laid , the match ready , and only because his Fauxes were not so forward to give Fire , burns with indignation at the dulness of his own miscreants , that unlike the true Machival Assassin , did not dare to dispatch quickly , but tamely sufferd villanies to miscarry for want of Courage , and his being failed , Conscious of his undiscovered guilt , and bigg with acted Treason , seeks for safety where 't was only left , in flight , flies to a forreign , what he designed to set up at home , A Rebellious Republick ; seals his hatred to the Government there with his latest breath , and his last Will ; and leaves for a Legacy the success of his Conspiracy ; that 's Blood , and Slavery , to his kind Countrymen for creating him a Patriot . Vid. Truly the Gentleman is very sharp , and his sharpness had been Commendable , had any been found guilty , of framing or abetting the Paper . I thank him kindly for his Bit and Knock , which had their Villanies succeeded the one would scarce have been a Morsel of Bread , the other a good thump with a Stone , or their sanctifyed Flayle ; but there was none found guilty of framing it ; nor indeed like to be , when the Jury themselves were associated against the Government , and transcribed the very Crime of their Criminal into practice ; That Jury who by an early Anticipation of his Guilt , might perhaps have saved the blood of some , their own Darlings , before it had been so deeply tainted with the Venom of that old Serpent ; whom now his fallen Angels Curst too for Concomitancy : and in their dying words , as the Author of their Ruin , That Jury that might have prevented the danger of the Kings Life , only by exposing that of a Traytors , and of whose Royal Blood they must have been guilty by Consequence , had the villany not been blasted by Providence , and are now only Innocent by a miracle , and without Repentance still guilty . And I have that Charity to believe that the subsequent discoveries , have given some of them a sight and sence too , of their error ; that they were only blinded with an Ignoramus , because in the Dark ; and that they are satisfyed the God of Heaven has brought now the Contrivance of Hell to Light : And yet for a little Animadversion on these , amongst whom some I hope are ready to condemn themselves , the Reflecter represents me as furious , ignorant , uncharitable ; but with what face can he urge that none abetted the Paper , unless with such an one as his own Conscience must fly in , who himself abetts it as far ( as the popular Pedant is pleased to call it ) the Peccant part , that is , the cunning Knave would adhere to Treason , as far he could without Hanging ; But was not the Paper abetted at the very Bar , and that by Bernadiston ; that shamm'd off that Treason on the Parliament , as he would have done since the Plot it self on the Abhorrers : And for which we have Reason to thank him , and not his House of Commons , It could not have been believed that such a thing could have been offerea in such an Houorable Assembly , had it not been kindly insinuated by their Civil Interrogatories ; but then the Gentleman would have us believe for the sake of his Innocent Jury . They never heard of or saw the thing , till Printed by the Loyal Stationers with the Covenant , Jigg by Joul , ( as his clumsy Phrases have it ) but did ever a more malicious Ass forge such falsehood in the face of the Sun , against Evidence as clear as the Lamp of Heaven it self : When the same to a syllable was all read to them in open Court , the same that himself insists to be Printed in Collums with the Covenant ? I have but one thing more to observe upon him ; ( if any thing he has said can be worth Observation ) not so much in my own defence , as of that which I shall ever be ready to defend with my last Breath , and my latest Blood ; The Church whose Ministerial , and sacred Officers , I am sorry should suffer through the Ignorance of such a Sot , and for the sake of one so little related to their Function , and so much their Friend , whom the Wretch Libels thus : Why he should Hyperbolize in such an hot headed Stile , &c. no Reason can be given , unless it were some young Crape-Gown Levite , that had a mind to be dabling in Gall , and Ink ; of those there are two , for among that sort of People there are many for want of Education , very malapart to others , and for want of what in them should be most Conspicuous , good Example , and out of a Cruel and Bonner-like Disposition , most Remarkably , uncharitable : And then in the next Paragraph , calls it Pulpit-Rhetorick , and Crape-Gown Extasie . The Warmness of the Stile , which he the more furious Fool is pleased to call hot , certainly was warrantable . When their Zeal was burning , the Fire kindled ; and they had already put the Nation in a Flame : When they were ready to turn our flourishing Sion again into a perfect Babylon , a Land of Confusion and Captivity ; When in the very Literal Words they cryed down with her even to the Ground ; Would they have us verify the Desolation of it too , by hanging our Harps upon the Willows , having only recourse to sadness for our assistance , and only quench their aspiring Flames in our humble Tears ? They can't have recourse to Moderation , and pray'r ; to avert those Foolish Fears of an easie Government ; but Burlesque the very Bible , traduce the Doctrines of all Primitive Christianity , for to warrant an immoderate Rebellion ; and can such unreasonable Souls tax us for want of Moderation in the Defence of an Establisht Government , that most immoderately blaspheme God and their King for the undermining it ? The fixing of his pitiful and pedantick Terms on the Venerable Gown explains sufficiently the Veneration he has for the Church , the dulness of his Sense and Stile betrays his very dissenting from it , and his Ignorance the best Evidence of his Nonconformity ; 't is the best Argument of his absurdity to talk of their want of being well Educated , who have such Seminaries , so well endowed , for a learned and liberal Education . Tho' I confess , they want your Lobbs , Ferguson and Casteers for their Tutors , and are not trained up into Treason from their youth , and pampered into Faction with their Food . But for their Disposition to Cruelty , so far from Truth , that it is only an elaborate task he takes to give himself the Lye. With what Mildness and Moderation have some of our Divines of late controverted the debates , enough to have melted He Tygers , while their own Party had no more Commiseration than those Milk ; Saw like so many sharp sighted Linces , the Depredations of the Wolf , the worrying of the Sheep ; while still their attempts were on the true Guardians of the Flock : His Bonner-like dispositions affirms now in plain English our Church to be Popish , and is but the Counterpart of Oats his Affidavit , that there 's not a Protestant Bishop in the Kingdom . But if he will have true Specimens of a devout Cruelty , and bloody Patterns of uncharitable Divines , let him Consult the Dissenters sayings , and only the single Instance of Baxter's inhumanity , to a mangled Carkass , when he helpt to Murder the Major for the Medal of his Majesty , and wiped his Mouth in Blood , to commit Sacriledg : 4 I have done , and that with a Fellow , as full of folly as Faction , and for the prefixing to his Impertinence , the Parliament Speeches , he shall hardly receive the thanks of the House ; when in some of them , I shall shew he has publisht Principles of a Republick , open Sedition , and an implyed Plot. THE TRIUMPH OF OUR MONARCHY , &c. T IS not so long since the poor Nation , was tortur'd with an intestine War , that she should forget her torment ; when such too as reduced her to her last Convulsions , and her latest gasp . When also the Symptoms of a Relapse has grip'd her ever since , and Sedition grumbled in her Bowels : Her Body Politick so far sympathizing with the Natural , that it will find another such a fit Mortal ; 't is but Charity to a languishing State , to give the truest Judgment of her Distemper , to prevent its return : It has the Proverbial Authority of an undoubted Aphorism , That the knowledg of a Disease is the nearest step , if not equivalent to the Cure ; and I know the Professors of that Art , and its best Judges to rely most upon a true Crisis ; and are only successful in the Events of their happy Diagnosticks : I have parallelled one of those Remedies , our State-Mountebanks would have used for the restoring of this Politick Body with a Medecin with which our former Empericks had perfectly poysoned her , and proved their gentle Dose of an Association as dangerous altogether as their Covenant and death it self . The design of this ensuing Treatise is to examine all those sophisticated drugs of false Opinions ; and how they have been continually rectifyed and amended with right Reason and Truth ; the Treasonable positions of Buchanan , Napthali , Dolman and Milton , those Epidemick and most damnable Quacks of the Kingdom ; have been by many , and that by most elaborate pieces consuted beyond answer and reply , unless from such as are as much beyond Conviction : The Latter of which , in spight of all his smooth Tropology , the gaudy grinding of his words , had his damnable Doctrines for Domestick Rebellion , as Ingenuously refuted by a forreign Pen ; and what ever Kindness his Countrey can have for the Dust of her Native Milton , I am sure , 't is more obliged to the Ashes of an Alien ; and tho some are so much for building him his Monument , I shall still much more reverence the Memory of Salmasius . 'T is a little Prodigious that Persons not so much as allyed to the Clime , should have such Kindness for a Government , to which they are no way subjected : while those that are born to obey it , and have pawned their souls for their Obedience , should break the Laws of Nature , and Nations for its ruin and subversion ; certainly it can proceed from nothing but the agreeableness of the one , to the solid Foundations of Eternal Reason ; The other only from the Malice and Venom of those Vipers , that for the production of every novel , and unnatural Opinion , must force their way with Blood , and Wounds , and that too through the very Bowels of their Damn . But these forementioned Miscreants have been lately too as learnedly refuted by the Judicious Pen of his Majesties advocate in Scotland ; those that will chiefly fall under the Animadversion of mine , shall be such as within this five years , too long a Lustrum for allow'd Treason , have retrived those Doctrines for Truth in so little time , and with Impunity , that will remain false to all Eternity , and have been Condemned by all ages . I shall take them in their Order as they have Printed , Publisht and Practised Treason : They shall take their turn with me as they ought , at Tyburn , when by Justice overtaken , where they ought to have the aim of their Ambition in their end ; where every ones more forward Rebellion , should have given him his more timely preferment , and by his vilany be entitled to precedency . Tho' the Title insinuates , their Plots should be first treated on , and the Rebels come first upon the Stage , that serves rather for the runnings of the words than the Reason of the Work , and though the Stile of the first Page may seem to promise the rest shall be proposterous , I shall take Care the method shall be more Natural , and 〈◊〉 we shall begin with the Principles of our late Republicans as the productions of the Plots of Rebells , the result of which has been verifyed beyond the Reason of Philosophy , and the Effects of necessary Agents do not more naturally follow the Cause ; and will all along Demonstrate , as clear as Euclid , how the one has been always baffled by Reason , the other continually blasted by Providence . The number of all our most Licentious , and Libellous Authors , who can pretend to merit Animadversion , ( for the rest are innumerable ) whose Pestilent Pens do most provoke it , whose Papers deserve the fate of the Noble Peers , and their Persons at least the Pillory , I shall reduce to five , the Quinque-primi , as the Romans reckoned them amongst their Senators , whose more virulent Essays shall give these the preeminence too , amongst our Republicaus , who have been absolute Monarchs of their Pens for the last Quinqennium , and exercised that Tyranny over mens minds , beyond what they could fear even from the worst of Government over their Bodies . These five chosen Gamesters at the Pen exercised themselves like those in the Olympicks ; each had his Portion in the Quinquatria , and his prevaling part allotted him in their first Feast of Faction . The first was their bold Author of the brief History of Succession ; and the first , I dare swear , that under a Government beyond dispute for 600 years Hereditary , dared to controvert the Succession of its Heir ; and truly 't was a prudent sort of Expedient in their Politicks , to raze the Foundations of Monarchy , before they would offer to build up a Republick : The prime Introducers of the Bill of Exclusion , were bound in prudence to get Pens to justify their Proceedings in Parliament ; which otherwise might not have been so well relisht by the People , by being barely Parliamentary , as well as it is since evident , they set a work some of their Chaplains to eradicate the very Notions of Passive Obedience , till Rebellion took so deep a root in some of the Patrons , that it anticipated worse sufferings then what they feared , and from the vain dread of dying Smithfield Martyrs , made them truly suffer for Plot , for Treason , in Lincolns-Inn-Fields . The second prize they play'd was for a Common-wealth ; which was naturally the next blow , when they had so ' fairly struck at the Monarchy : and then rises up the Ghost of old Plato , an Image or Appearance as much unlike the Divines , as the Spectrum of old Hector was like himself when soiled with Dust and Dirt ; the living original was the sublimed Essence of exalted Love it self , and this copy of this degenerate Ghost , the dull extract of deadly malice , the true Devil of a Republick : the English of it was , they knew they had formerly usurpt upon our Crown , and brought it to the Common-wealth of England . They had made it an Ilium of Fire and Confusion , tho' to their dire thoughts a pleasant sort of an Interregnum , they still take that Epoche of their Slavery for the date of their Deliverance ; and then it was no way preposterous for the retrieving of a sad Platonick year , to raise up a Plato redivivus . Their third Combatant of their Cause , and who in his own rank will fall under my reflexion ; is a Creature of another Complexion , and that Hunt in his Postscript , upon whom I shall observe all , what is pertinent to this purpose , whose cunning Insinuations have all the palliated Knavery of the Ballad , of the Cloak , and with the pretty defence of its Praelates , Libels the whole Church it self , and this very peice as naturally succeeded the preceding ; for when the state was to be turned into a Protestant Republick , 't was time to make the Clergy , Papists ; when the Common Prayer was to be abolisht , 't was time to vilify those that were ordained to read it ; when the sign of the Cross , was become as offenfive as a Crucifix , 't was time to traduce those that waited on the Altar ; and to plead slily for a Directory , tho' penned in blood , when all our Litany was run down into red-Letters , and a Mass-book . After all this , lest the Devil of delusion should have been unsuccessful against the Doctrine of the Gospel , lest some might still honour their King for the fear of God , and Christians be obliged by the blood of a Crucifyed Saviour , and the badg of their Profession the Cross ; a devout Incendiary a Divine Rebel Apostatizes from his Faith , only to give the better Character of an Apostate , and fairly suffers himselfto renounce his Christianity ; only to confute the Doctrine of sufferance . This damnable position of Resistance , did most naturally follow those Principles of Rebellion they had publisht before , when they had proved that their Interest did most infallibly oblige them to Rebel , and that they had certainly the Devil on their side ; they knew they should soon be secure of Peoples Purses , when they had mastered their Consciences , and made a party of God and Religion . This made them back the Lawyers Arguments , with that of the Divine ; out comes this Johnson upon Hunt , or Hunt upon Julian , sworn Associates for the perverting of Divinity and Law , both designed , without doubt , for the best and highest Preferment in their new Government of Church and State ; the one must have been our Metropolitan , the other after so many disappointments , Chief Justice ; and truly two such Instruments of Hell would have been only fit to preside in such a State that would have look't like the damn'd , full of Confusion , full of Contention , full only of Johnson's primitive Rebellion ; the Devils , They only past for two pieces , tho in truth , but one new Dialogue , between the Doctor and Student ; both agreed in their Divinity and Law , superviz'd each others Sedition , and corrected Treason for the Press ; lest their Quotations for Authentick , Religious , and Statutable Rebellion , should fail them from the Bible , or the Year-books ; The Gospel that once 〈◊〉 the Law by these Jews is made to Confirm it , and the new-Testament to warrant that Rebellion , which the Old had damned for worse then Witchcraft , both these Incendiaries the very Counterparts of two late 〈◊〉 , that lived , lov'd , were Sentenced , and hanged together . The Judg has condescended to second Cook the Sollicitor , and in his squinting Reflections almost demanded Judgment on his King. The spiritual Advocate makes up an Hugh Peters the second , and tells us nearly in the old Villains own Words , not in the passive : ( We have not yet resisted unto Blood. ) But if this Gentleman would be tryed by the Word of God , as his Predecessor , in his Tryal desired to be , he would find the Bible the best Confutation of his Book . The fifth and last of these prime Senators in our designed Republick was the mighty Sidney , whose seditious Pen was the last too that would have acted its Tragick part on this Bloody Stage , which lay ready behind the Curtains , waiting only for the success of the Plot ; but they happened to be drawn , and he forc't to enter before his time , by its being blasted and unsuccessful ; his final Determinations had prepared to Crown all with the described happiness of a Republick ; and the experienced Holiness of a Commonwealth for fear lest after the Butchering of the best of Kings , they should improvidently set up , but for a resemblance of 〈◊〉 Sovereignty , tho in the spurious issue of a 〈◊〉 Monarchy , and the arbitrary Management of an Illigitimate Prince . He would have had no shadow of a Monarch to succeed our Matchless Charles , not as the Athenians suffered that : Government to 〈◊〉 with their Codrus , because his goodness was unimitable : He had prepared the draught of Hell , and true Roman hatred for its 〈◊〉 , and made a Tarquin , a Tyrant , and a meer Monster , of a pure Miracle of Mercy : The whole Scheam of his Rebellious Principles , which he still denyed with his last Breath , and still owned with the same , with all the Impudence of Jesuits , and their Equivocations too ; he would not own it absolutely , lest he should acknowledg the Justice of the Nation ; he would not deny it positively , because the Nation should know he could answer Filmer : The whole we can't animadvert on , because thought perhaps too dangerous to be publisht ; but what was taken at the Bar , and delivered on the Scaffold , was too much the Truth of a Republican , too much Treason to be divulged , and what can never be too much discountenanced , and refuted . And here you have the chain of a parcel of rebellious Libellers linkt in an orderly Combination , for the shackling of us into Slavery , and the binding our Kings and Nobles again , with Fetters and Iron : I shall begin with the first factious Fellow in the Front , and that 's the Historian . CHAP. I. Historical Remarks , on the brief History of Succession . I Don't Design here a particular answer to each Paragraph of his Historical Discourse ; which probably has been as much falsify'd , as any thing the contrary of which could be verify'd on Record , and perhaps cramb'd with as many lyes as ever could be Corrected with truth ; it would be a presumption and impertinence to pretend to answer that which has been already done by some unanswerable Pens , the Knowledg of whose Persons , and Worth would deter me from such an undertaking , as well as the satisfaction of their Papers supersedes it ; mine shall be but a few sober remarks , subsequent to their solid Confutation . And truly in the first place all Historians agree that our English History was uncertain before the coming of the Romans , and without doubt we had reason to want the Tradition of it ; when needs we must , when we had nothing of Learning or Knowledg to deliver it down ; unless we would imagin the silly simple Souls could have left ustheir own Skins for a Chronicle ; and transmitted the painted Constitution of their Government in the Colours and Hieroglyphicks of their Bodys . But since that Author owns , and that from the good Authority he quotes , that the Nature of it was uncertain ; but that they were subject to many Princes and States , which last Expression I fancy was his own , to make it savour more of a Republick : which I am confident they were then as Ignorant of as we , truly now , of Tyranny and Oppression , which I gather partly from the Constitutions of all Nations at this time truly Barbarous : Since both the East and West of the uncivilized World confirms the warrantable Hypothesis , the most probable Conjecture , which is all at this present governed by its 〈◊〉 Monarchs , and puny Princes , tho' some greater Empires too than any of ours in Europe , no small Argument for the Divine Right of Monarchy , by its being so generally embraced only by the light of Nature , whose Creation was , whose Subsistence is the sole Care of Divinity it self . And besides Dr. Heylin tells us , that at the entrance of the Romans the Isle was divided into several Nations , governed by its several Kings , and particular Princes . The Druids , as may be gathered out of Caesars Commentaries , had in those Ignorant days all the Learning , and the Law ; But too little alass to let us know whether their Princes were absolute Monarchs or limited , Hereditary or Elective ; though 't is to be suspected they were both unconfined in their power as well as succeeded by their blood , those poor Embryo's of Knowledg , the very primitive Priests of Barbarous Heathens ; that in their highest felicity were no happier than the first asserters of the Gospel , under Misery and Persecution ; their reverend Hermitages , but the Woods , the Dens , and Caves of the Earth , were far sure from disputing the right of Sovereignty , when only capacitated to obey ; far from transmitting to us the frame of their Monarchy , unless they had known the Egyptian learning of writing on the Barks of Trees , and made their Libraries of the Groves in which they dwelt : The Princes and Monarchs of their Times were wont to frequent those pious places for Worship and Adoration ; and had a Veneration too without doubt , for those reverend Bards that sacrificed ; but were far I believe from subjecting their Regal Authority to that Divinely Pagan , tho' then the sacred Jurisdiction ; tho' 't is reported that upon Caesar's invading them , the very power of Life , and Death , and the Punishment for all manner of offences ; was in their sacred Breast , and such as would not stand to their award , were forbidden their Sacrifices : which Interdiction then was the same , I believe , in effect , with the modern power of our Church to Excommunicate ; but besides another reason , and the best too , why we have nothing delivered from those sacred Oracles of Religion and Law ; why the History of those times is still uncertain , and was never transmitted , is because they were expressly forbidden to transfer any thing to Posterity , or to commit it to Books and Letters , tho somewhat of that sort of Communicating , must be supposed by that Inhibition to have been Imparted to them from the Egyptians , Greeks , Romans , those Eastern Climes through which Learning and Letters had their first Progress . But whether their Ignorance , or such a prohibition were the Causes why nothing descends to us of the Government of our old Britains , 't is granted by all , and by this Author himself , that it was Monarchical , that Kings Reigned here ab origine , if not Jure divino ; Though I look on their Antiquity no small Argument of their Divine Right , and for the probability of their Haereditary Succession , which I insinuated above , can , I confess , since we are so much in the dark , be only guessed by the light of Reason , and that I shall make to warrant the Conclusion , from the present Practise and Constitution of all barbarous Nations , where the next of blood still mounts the Throne , unless interrupted by Rebellion , and that 's but the best Argument of our Author for the Power of his Parliaments ; and if only for this certain Reason , we have more Authority to conclude it was then Haereditary , then he only from the uncertainty of the Story , has to conclude it otherwise . In the next place , I see no reason why his Sentiments should determine other Peoples thoughts , and why we should not think that the following Heptarchy of the Saxons , ( tho they had their seven Kings ) yet still might agree in one rule of Succession , nay tho their Laws were so different too as he would insinuate , which is not absolutely necessary to suspect neither ; for they being all one Nation , and then but just called from their home by our British King Vortiger for his assistance : may probably be supposed to have retained for the Main the general Rules and Laws of their own Countrey ; tho when divided into those seven Kingdoms they might also make a sort of private by-Laws according to the different Emergences of particular affairs that occurred in their several Governments . Can he prove that the Succession of the Saxons in their own Countrey was not Hereditary , when they inhabited in their small Dukedom of Holstein ; and that consequently they retained the same sort of Election , in their new acquired Government here , that they left in their own at home ? this he does not undertake to suggest , because not able to prove , there having been a probable Monarchy all along Hereditary , if Paternal Right was wont to descend so : for that is proved by most learned Pens , and these Saxons are believed to have been the relict of the race of Cimbrians , that inhabited that Chersonese , so called from its Inhabitants , of whom Gomer the Son of Japhet was the Original Father or Prince . But what ever was their Government before , he allows them to have set up seven Monarchies here : only can't think they agreed in one Rule of Succession , because governed by different Laws , which tho granted , is so ridiculous an Infinuation , that greater Differences , atpresent , between greater Kingdoms and Nations , far more remote in Place , far more different in Religion , contradicts the Suggestion ; who for the most part , now over the whole World , agree in an Hereditary Succession to the Crown ; and the Argument would have been as strong , and as apparently foolish ( if he design'd it for a Specimen of his folly , ) that since France , and Spain , Sweeden and Denmark , are govern'd by different Laws , we can't imagin them to have one sort of Succession : Which very Rebound of his own Pen wounds his Cause , more than any direct stroak of his Adversaries , for since we see those more different , more distant Nations agree in one Rule , 't is sure a Logical Inference a Majori , that those that were less different might . And for the Changes and Consusions of those Times , which he urges as an Argument of their uncertain Succession : that is in effect , his very Alpha and Omega ; and his praefatory Suggestion only proved through his whole History , that in times of Confusions and Rebellions , Succession is uncertain ; and so is all Property , and Common Right , all meum , and tuum ; all that the Law of God or Man can make his own . But as obscure as he makes our Succession before the Romans came , 't is not so dark and unintelligible , but that we may gather light enough from it to have been Hereditary . We won't rely on the Fable of Brute , and the Catalogue of near 68 Kings , that are said to have Reigned Successively here before the coming of the Romans , yet allowing it an entire Fable , we may draw from it this Moral , at least , that a Fabulous Tradition sometimes has somewhat of reality for its ground , as the patching up a Centaure , a Chymera with a thought , results from several Objects that are simply real abstracting from the compounded Fiction : And tho we might not have 68 Kings successive before the Roman Conquest , yet that there were several appears , and he owns ; and I conclude Hereditary , from the common rule in all Barbarous Nations , when ever discovered , in which the further back we run in the History of the Old World , the more we are confirmed ; as also the more forward we go in discovering the New. But tho from the Roman Invasion he leaps presently into the Saxon Heptarchy , yet we may read too , there were many petty Kings that they suffered here after their Conquest , it being the Roman Pride of having Kings their Subjects ; and why those might not still retain an Hereditary Succession , I cannot understand , especially since Dr. Heylin reckons up 16 Kings that succeeded after the Roman Forces had left them naked ; as indeed they were without a Metaphor to the incursion of the Pict ; the first five or six of them lineally succeeding one another from Father to Son , and the rest not known to have succeeded so ; only because there 's nothing left us of them but their Names . After the consolidating of that Heptarchy , into a single Monarchy , the learned Man whom I before have cited , has shown this disingenuous Author unfortunately to have stumbled in the very Threshold , and proved by Authentick Citation , that his elected Egbert was the next of kin to the Royal Stock , that all the following Succession of the Saxon and Danish Monarchs ran in the blood , or was disposed of by the Will and Testament of the deceased Prince . The renowned City of London , as he calls her , is obliged to him for his Civilities , and I shall thank him too for his Complement , in letting her know that her Approbation had heretofore no small Influence on the Succession : And for the securing the Crown on the right head , 't is recorded to their Glory ; and may that glorious act of their Ancestors be still perpetuated in our lasting Annuals , and imitated too by the Posterity of her present Inhabitants ; who then adhered to King Edmond their Lineal and Lawful Prince , and that because they knew he was so ; A Prince Worthy of a better time , and who had he found more faithful , and but better Subjects , might have been in Condition to have made it so : His Citizens then clave to him , when his very Clergy 〈◊〉 him ; but their Religion in those days was too little to expect their Loyalty much ; whereas ours now , as the best Argument of their being truly Religious , still show themselves as eminently Loyal . The Citizens then , ( for I shall insist upon it for their Encouragement now ) would not concur with Canute's Election by the Priests and Nobility : And why ? because a perfect Exclusion of the right Heir , and the next Lawful Son and Successor to their late King : And the Fiction that the Factious Author tells us , of a Child chosen in the Womb , proves but the Story , the Fable of a Monk ; for which he might as well have cited their Legends M , Westminster , Paris , nor any other Authentick Historians ancient enough , so much as mention it , and our modern Baker says expresly upon 〈◊〉 Death , his third Son , Edmund , call'd Iron-Side ; but the Eldest living at his Fathers Death succeeded , and was Crowned at Kingston upon Thames ; That a great part of the Nobility favoured the Dane , because they feared him ; but the Londoners stood firm to Edmund , and 〈◊〉 the Authors of his Election , and upon his very using of the word here , I can't but observe , what the worthy Dr. has sufficiently proved too ; how common among Historians that word Election is used only for a Confirmation or acknowledgment of the Right , and how against Reason he still misapplies it to Choice : why did he not undertake to prove from Baker too , that this Prince was elected by the Londoners ; only because he says , they were the cause of his Election , which perhaps he would have done , but that he found he must have made that Author contradict himself ; ( as I believe he has done the rest , ) who tells us just before , he was Crown'd at Kingston , as the eldest living at his Fathers Death . And the Interest of that Metropolis for the right Line was such , and so considerable , together with that Princes own Courage and Conduct , that he remained Conqueror in three several Battels , and had been so in the fourth too , the last I believe the Dane would have dared to offer , had not that false Edric , the Traytor to his Father , acted o're the same Treason to the Son , and revolted in the fight , when the Forces of the Foe , where on the point of flying . The taking but half his Kingdom at that Duel and Accommodation in the Isle of Alney , was more 〈◊〉 than fortunate , when still his trusty Citizens would have fought for the whole , and spent their last blood for the right Line , they had first espoused ; the parting with some of his right was quickly succeeded with the losing of all , and his Life to the Bargain , and England might well be too weak for its self , when 't was made half Denmark , so dangerous is it to Princes to forgo the least of their right , which only introduces the loss of a greater share , or to part with a piece of Prerogative , for the patching up some popular divisions , whose twisted Interest like Cords that are a twining , if it catch but the Skirts of the Purple , will soon wind away the whole robe ; the Observation is here verified upon our old Records , and been newly transcribed in Blood , in our latter days ; and the Son of our Royal Martyr treads the best Politicks for the Prevention , in that unfortunate Testimony of his Father ; and if Soveraignty be somewhat that is Divine , a Subjects robbing of the Crown must be next to that of a Church , and a sin that savours as much of sacriledg . But to let you know , in short , the design of this Historian's Complement , upon which we have dwelt too long , the pretty Parenthesis was applyed to another purpose ; 't was publisht at a time when the City was Influencing an House of Commons that were for altering Succession ; and they as great an Influence with the City : At a Banquet of Politicks after their Parliament Feast ; and His time to let them know , the Approbation of that renowned City , had then no little Influence on the Succession . And besides in the very same Page he had prepared for them the pretty President of the Saxons , preferring a brave and deserving Bastard , before a cruel and Legitimate Prince : He means that Athelstan , whom he resolves rather erroniously to suppose Illegitimate , than Ingeniously to allow him , as he truly was , the Lawful Heir : But Baker and others tell us the Truth ; tho' he will not , and say this Athelstan was the Eldest , and no way spurious : But the telling of the Truth , would have prevented this malicious Authors Factious insinuation of the D. Temper ; which to make the more remarkable , he must mark out in Emphatical Italicks , only to save the crying Monmouth and York . But the Card is turned there now , and the Loyal Heart , Trump , instead of his Clubs ; and to be hoped they 'l make good the best part of the Observation , which he never designed they should , stand and fall with their Loyal Progenitors , in the defence of the right Line and the Royal Blood. In short , upon the whole united , and happy union of the Monarchy of the Saxons , give me leave to observe this great Truth , That from their first King Egbert , to this Iron-side the last , no less then 14 in number ; besides , that Edward the first , Edmunds Brother , all successively Reign'd in Lineal discents of the immediate and next Heir of the Royal Blood ; and most of them too , the Successors of the next immediate Brother ; to their present Prince , no less than four several Brothers Sons to Ethelwolf the second sole Sovereign of the Saxons , succeeding one another ; and then with what Face , unless with one more lasting , then I 〈◊〉 his corrupted History , by being all Brass , with what a Front , but such an one , can such a Libel , and Imposture , a Legend fuller of Lyes than ever was penned by Papist , antient , or modern Monk offer at such a part of our History , for the dispossessing the present Brother of his King. But this Popish Plagiary , fetching most of the Materials of his Monumental Treasons from a Club of Jesuits , the Triumvirate of studious Traytors that forged for the subverting the Succession , their damna-Doleman , no wonder if he be as full of falshood as those copyed Ignatians whom he transcribes , or the Founder of them the Devil . All the shadow that he has of any thing of Election , was that of the first Saxon King Egbert , whom he would have no way related to Brissicus the last King of the West-Saxons ; but whom a more worthy Author proves from Westminster's own words , that he was the sole surviving branch of the Royal Stemm ; and that he was banisht into France ; and that only for fear of his Right . But granting then what he is resolved to suppose ; still right Reason will confute his Impertinence even in complying in unreasonable Concession ; the Question here is of the Succession of our Establisht Monarchy : And he brings us an Instance before the Monarchy was Establisht , owns that the History of that Heptarchy was uncertain ; and yet very certainly determins the point of his Election ; and that we must take too upon an ipse dixit of this Dogmatical Historians , for his being no way related , he cites just no body , and while , for his near alliance , you have the Authority of so many . That other only broken Reed that in all these Reigns he has to rely on , and that like AEgypts too is ready to run into his side , so false , so dangerous to trust too ; which is Edreds being crown'd in the Minority of his Nephews ; when all the Historians say , it was only for their being Minors : And the diligent Baker says he was not then made Protector : only because that Authority was not then come into use ; but crowned as King with purpose to resign , when the right Heir should come of age . But lest his Modern Authority may be not sufficient with those that malign any thing , that makes for the Monarchy ; let them consult even the most of the Antients , and they all agree they were only set aside for their Nonage . But this Royal Protectorate soon expired , as if Providence laboured to prevent an Vsurpation ; and provided for the right Heir , who succecded in his paternal Inheritance , before arrived even to the Romans civil age of Puberty 14. And the malicious Perverter might as well say as great a stress , as you 'll find afterwards he truly does upon Richard the thirds Butchery and Usurpation ; the breaking of the Laws of God and Man for a Crown : All the difference is . Here were only two Nephews for a while debarred , there Butchered ; and shall such bloody Miscreants pass upon the World for credible Authors , who for robbing of a Divine-right , can cite you Murder ; and for the breaking of our Humane Laws , the blackest Crime in the Declogue . And since this Antimonarchical Zealot , has shown himself thus elaborately studious , to rake every musty Record of those Reigns for a Rebellious remark ; give me leave only from the same times to make this last and Loyal Observation ; where Providence seemed to shew it self remarkably concerned for its crowned Head ; and that in the subsequent Judgment upon the Proto-Martyrdom of the Saxon Edward ; as well as what we suffered since for our Martyr'd Charles ; tho there 't was only for anticipating a right by blood ; but ours a bloody Usurpation of those that had no right at all . Ethelred's passage to his Reign was but before his time , and the Almighty's ; yet the Government suffered for it as many Pangs , till it quite miscarried ; within fifty years the new Monarchy fell quite asunder , rent and torn by two several Conquests : He himself meets with the Defection of all his Nobility , forc't to raise his Danegelt , and his Subjects into Rebellion by it ; prepared his Navies , only to be shattered with a tempest , or consumed with Fire ; both Elements and Heaven it self , seemed to conspite to make him Miserable : Famine and Mortality were the dismal attendants of his Wars , the Depredations of Invaders would not allow peace ; the Reign that begun in a Murder , ended in a Massacre : The incensed Danes soon invade him , the perjured Edric falsely forsakes him ; he languishes a long time , as well he might , under Guilt and Misfortune ; and to put the only period to his days , Miseries and Kingdom together Dies . You see how little success this Author met with among the Saxons Sovereigns for altering Succession ; how much of Imposture his Reader may there meet with in him , and you shall as soon see , he deals as disingeniously with the Danes . And here thorough his double diligence , this Parliament Historiographer has not omitted an Argument for his purpose , much of the same strength as those that he has used , viz. That Knute was no kin to Edmund , or Ethelred : And the Dane no way related to the Line of the Saxon , that is , the poor conquered England , was not Consin German to Denmark the Conqueror , and yet the Title of the latter was preferred , and their King , acknowledged ours . I can't conceive what necessity of Relation an Invader needs to the poor Prince he Invades ; and whether that be not a pretty sort of an Argument for altering Succession , to say the Kingdom was Conquered ; Swayn had before cut out a fine Title for his Son with the Sword : The North , West , and some of the South part of England had submitted frightned with his revengeful Cruelties , which their own had provoked : Canute himself after his Fathers Death , lands as soon at Sandwich with a Navy of two hundred , gave our English a great overthrow , possest himself of what Swayn had before harassed ; the West ; and because the Nobility favoured only whom they feared , and set him up in Competition for the Crown , whom they could not keep down from being a Competitor ; ergo , therefore the Succession must not run in the right Line , and why ? because here it did not ; if more absur'd Inferences , can be drawn from matter of Fact , or greater Solecisms from Historical Observation , I 'le forfeit all the little Right I have to Reason ; and with an Implicit Faith , believe the Legend , for a Bible , and his History for the Revelations . But yet this Prince , though by Conquest and Composition , he got half the Kingdom , and upon Edmunds Death the whole , foresaw what Power the pleas of Right , and Succession might have for animating an Interest in the defence of the poor injured Heirs ; and therefore took all the ways to ingratiate himself with his wavering People ; his young and unexperienced Subjects , and all manner of means for preventing the Lawful Heirs , for attempting for their Right ; sticking at neither Murder , Malice , and Treachery ; and in order to the first , he made a shew of governing , with more Justice , then he conquered , and took mildness for the best means of his Establishment ; and to let the Nation know he designed only to subdue them , sends away his Mercenaries , ships away his Navy ; and for a popular Specimen of an Heroick Kindness , to the memory of the Saxons he succeeded , as a Satisfaction to their injured Dust , prefers Edricks perjured Head , to the highest place on the City Gate ; and with that Expedient , reconciled himself at once to his own promise , deserved Justice , and the Peoples favour ; and yet for securing himself from any danger , from the Lawsul Heirs , so politickly Cruel , that all the Royal Blood felt of his Injustice ; sent the two Sons of his late Co-partner in the Kingdom , to be murdered abroad , and got his Brother to be butchered at home ; such an experienced truth is it , that Powers usurpt , Successions altered , like the blackest Villanies can only be Justifyed and defended by committing more . At his Death 't is true he disposed of his Crowns , by Testamentary Bequest , and well he might , when there was so little known for Kingdoms of Feudatory Law , and private Estates then far from being entailed ; yet in that very Legacy you can observe , what Power the Consideration had with him of Right and Blood ; for he leaves his own Paternal Dominions , Norway , to his Eldest son Swayn , and to his Youngest Hardicanute his conquered England ; considering his Mothers Blood , which was Emma , Wife to the late King Ethelred , might ( as indeed it did ) give him some precedency to his middle Brother Harold ; the one having somewhat of Saxon in him , the other all Dane ; especially , if he was , as some say Illegitimate , tho' Baker calls him an Elder Brother by a former Wife ; so that upon the whole , the Contest that rose about the Succession , was but whether he had Right , and when at last Harald was preferred , 't was upon the Resolution of his being Legitimate ; so that here his own Inference contradicts the end for which 't was brought ; and instead of altering the discent , shows they industriously contended to keep it in the right Channel ; and allowing they were mistaken in their Opinions of his Birth , the Lords to make amends for their error , streight on his Death fetch home Hardicanute ; who dying without Issue , the Right of Blood prevailed again , and the Saxon entred in Edward the Confessor , Edmunds Son only being past by because his very being was unknown ; and so they can only be blamed , for not seeking for the right Heir among the supposed Dead : Yet when this Edward had found him out , he designed both him and his Son Atheling for successive Monarchs , whose very name imported Hereditary , and next of kin , as much as our Prince of Wales , while the second Harold , but usurpt upon him , against the sense of the Clergy , who even then lookt upon it as a Violation of the Right of the Heir , and also of their Holy Rites : and tho Harald suggested that Edward had appointed him to be Crown'd , Historians say , that it was only to make him during the Minority of this Edgar ; a Regent , and not an absolute King , and Mat. Paris , speaking of Edgar Atheling in the very first Leafe of his History , in these very words , says ; that to him belonged the Right to the Kingdom of England ; and if Birth could then give a Right , I don't see how then , or now , any Power can defraud a Prince justly of his Birth-right . And now we 'l begin our Remarks on the Norman Line , upon which the very first words of Baker are these , There were six Dukes of Normandy , in France , in a direct Line , succeeding from Father to Son , and yet this Inquisitive Monarch-maker , lays his mighty stress , his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard ; be it so , have we not here the Majority of six to one , that succeeded , 〈◊〉 , Legitimately , and is not these then , like all the rest of their Objections against the Government , rather industrious Cavil , then real Argument ? or allowing it still , is it not most impertinently applyed to his present purpose , to tell us that William the Conqueror was himself Illegitimate , and yet succeeded his Father in the Dutchy of Normandy ? And therefore must we have another Natural , and Illegitimate Duke to wear the Crown of England ? or was the Suggestion only made because they had such a Duke in Readiness , that had already run the Popular Gantlet of Ambition ; and been sooth'd into the Prospect of a Scepter , with the false Tongues of Flatterers and Sycophants ? or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation ; And our England a Dependent , a Tributary to that Crown before the Conquest ? these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason , or Common Sense , or vindicate the false suggester from Folly and Impertinence . But even here too his very Assertion fails him , and this Pretender to Truth both abuses his Reader with false Application , and telling a Lye : For this Duke William , tho' a Bastard Born , was not illegitimated , so as to be barred the Crown , and incapacitated for Inheritance ; for it appears , as Baker says by many Examples , that Bastardy was then no Bar to Succession , and by the Canon and the Law of the Church that then obtain'd , the Children born before Wedlock , were de facto truly legitimated , if he afterward espoused his Concubine ; and this his Factious Assistant , Hunt himself allows ; when the Wretch endeavoured to Bastardize the Progenitors of his Sovereign , and this many Writers say was the very Case of our Duke William , whose Father took his Mother Arlotte to Wife afterward . The Donation to William Rufus was again clearly Testimentary ; which might be allowed sure to a Conqueror , whose will only gave what his Sword had gotten ; but however as I observed above in the Legatory Disposition of Canutus the Dane , where he gave his conquered Kingdom to his Youngest , and Norway his Paternal Right to Swayn his Eldest , to whom 't was most due ; so here this Third Conqueror of Old Britain , observ'd the same sort of Bequest , and left Normandy his Fathers Inheritance , and his own to Robert , to whom it appertain'd in Reason and Right ; both these Instances , no small Demonstration , shewing how the Precedency of Blood even in those days obtained ; and with those too whom our Factious Innovator , would have not to value it ; for their giving to any Son besides their Eldest what was theirs by Arms , is no more than what we our selves do now by Laws ; and tho the Fewds now obtain , and Entailments , yet still what 's our own by purchase is unconfined , and not ty'd to descend by Primogeniture ; but at an arbitrary Disposition of the Lord and Purchaser , and which is commonly disposed of too by the Father to some of the Younger Sons ; and a Conqueror that purchases all by Blood , and Wounds , must needs be allowed as much Liberty , as the Miser that obtains it by his Wealth , or a Land Pedler that buyes his purchase for a Penny. But tho this might be a warrantable Donation , yet you may observe ( as if the donor had not been in it altogether Just ) so it never at all prospered with the Donee ; the very Gist it self , like Pandora's Box , was most fatal to those that received it ; a Vice like Virtue is oft a Punishment to it self as that other a reward ; the not suffering the Crown to descend by entail ; entailed what was worse a War , and both Brothers assault the Testamentary Usurper at once ; as looking upon it notwithstanding the specious pretext of a Will , but a plain wrong ; and where this prejudiced Historian , makes this Rufus to rely on the consent of the Nobles , for the Confirmation of his Fathers Will , 't is evident he only called them together , that by Largesses and Corruptions , fair Words , and Promises , he might win them from assisting his Brother Robert , whose Right he feared , notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even , or give Robert the better by their deserting this Rufus . And that notwithstanding all his Artifices they did ; and Odo Bishop of Bayeux leads the dance , and notwithstanding says Paris , that he was their crown'd King , their sworn King , and they must be perjur'd for it , they raised a War against their King William , and set up Robert the First-Born for their King , all declaring the Right belonged to him , and this the Opinion of several of the Nobility , Lords , Spiritual and Temporal ; Persons alway I fancy qualified to recognise a Right , if Religious or Lay-Judges could decide it ; and so well assured were they of the goodness of the Cause that they conspired for it ; rebelled , and were banisht for it success ; not always attending a good Title , no more than it can Justify a bad . And at the last the most unfortunate end of this Testamentary Prince , may serve somewhat at least to discourage the Religious from invading of a Right , tho it may not the Politician ; and for the Injury he did all along to the Right-Blood , Providence seemed to bring upon his head his own ; and sent that sort of an Usurper too , to the Grave with the fate of Tyrants , not with a common dry Death , but in his own Gore ; and he that had held the Scepter , but with a pretended Right by this disastrous Death , gave an opportunity to a perfect Intruder , that had none at all . Henry the first , who being in new Forrest when his Brother was killed , did not stay long to consider the disaster , or to get the Carcass Coacht home , instead of Carted , but rides to Winchester , seizes the Treasure ; and that soon helpt him to put on the Crown : The Purple Robes soon followed those Golden Regalia , and the Power absolutely Usurpt , will irresistibly force a Coronation ; but tho Crown'd he was , a good Author says , who liv'd and wrote then as great men then sent for Robert , promised him his Right , and as resolutely stood by him too , and well they might when he had been debarred his Birth-right once before ; and besides the Right of Blood , had refused his Assignation , his early Pension ; and had compounded for his own Kingdom , which he had so much Title to without the Composition ; But Mat. Paris tells us in the first Lines of this Kings Life , that the Nobility were utterly Ignorant what was become of this Robert Duke of Normandy ; but that when he sent privately to them in England , Letters alledging his being first Born , and that for that very Reason he declared the Right of the Kingdom belong'd to him , assoon as they heard those Allegations of his unanswerable Right , promised him their best advice , and to lend him their Assistance ; which they did too , and Robert came over , forc't his Brother to a Composition for 3000 Marks yearly , and at least , made the Vsurper but a Tributary King ; and all the Argument out of this Reign , that our Elector here fetches for his making our English Monarch a King of Poland , is this Usurpers courting the great Council to confirm it to his Son ; but so would a Cromwell , the Parliament for the Succession of his Son Richard , and sure such Creatures have need to anticipate all sorts of security for their Sons Succession , that have gotten all their Right by Anticipation of anothers , or absolute wrong ; but the parallel holds still between that antient Usurper , and the more Modern I mentioned ; they both felt their Consciences prickt in their unjust obtaining of a Kingdom , they both feared the Judgments of the Almighty , both as unhappy in their designed Heirs , one born to be Drowned , the other to be a Fool ; and as their Fame stunk above Ground , so did both their Bodies before they went under , and Paris tells us the first committed Murder after he was Dead , and poysoned his Doctor before they could get him down into the Dust ; tho he smartly observes this was the last among the many this good King Henry had destroyed . The last remark I shall make on this Mans Reign is , but what this malicious Historian has made very Remarkable , and that is from an Author that he cites , for saying that this Robert had discovered too much of the Cruelty of Disposition , of his averseness to the English Nation , and his proneness to revenge , and this Character must be most Emphatically markt out , that they might not miss of his meaning another Duke ; a Prince to whose Valour and Conduct the Wretch ows his Freedom from a Forreign Yoke , and the Nation her safety and security , and so far does his malice transport the Sot that he falsisies for it the very Latin he translates , Perversus , contrarius et Innaturalis : He makes cruelty of Disposition , and for Proneness to revenge , not one Syllable in the whole Citation , and then besides the words of the Author he cites are the same verbatim , which this Henry the first used against his Brother , when he makes a Speech to his Nobles , to make him odious , from whom this Author I believe borrowed it , and his as meer revgene ful malice to the Duke of York , as that against Robert the Duke . It is here evident that this Gentlemans Principles and Perswasions are clearly Democratical , and writ with a perfect design to please the People , as plain as if the rabble beast , the Monster Mobile were seen sawning upon this KEEPER of their LIBERTIES , and you saw the Sycophant spitting in its mouth ; his Papers are the very Picture of this piece , and the Representation of Rebellion with a Pen. The next that Mounts the Throne is STEPHEN , and the little Right ( tho some ) Relation he had to the Crown , to be sure won't be past by : when this Author for the sake of his sinking Cause , has caught at every Plank to hold up her Head in that desperate Condition , and where he could not meet the least solid substantial Argument , graspt at every empty Shadow ; And truly here he tells us , that STEPHEN acknowledg'd his Election in the very Words of a Charter , from the People , and so would any man that had no better Title ; and tho I shall condemn his Usurpation , can allow of his Politicks , in letting them know how much he was beholden to them , and yet that People were strong enough to pull off his Crown too , which his own hands rather had put on ; for as Bradshaw told the King , The People of England had constituted them a Court , when that unanswerable Martyr observed not half their Consents did concur , or were askt ; so also in this Case , many of the Nobility , most of the Commonalty lookt upon it , as a manifest Usurpation , and those whose Concurrence he had , were but an handful of his Friends , and at his Coronation had but three Bishops , few of the Nobility , and not one Abbot , and also , as Historians observe , those very perjur'd Prelates , and Lords came many of them to an ill-end , or else to worse Calamities before their life was ended . And the revengeful Cruelties of the Scot lookt somewhat like a Judgment for their Perjury ; when they spar'd neither the Gray-Hair , for whom Reverence might plead , nor the Tender-Infant for whom its Innocence , but Butchered the one in their Beds , the other on their Mothers Breasts , the Barbarity of those avengers is as horribly describ'd in Mat. Paris . But agen , I cannot see why he was not as much an Invader , as his Grandfather the Conqueror , only that came from Normandy , this out of Boleign , that was forct to fight , first with Harold an hardy Foe ; this his Invasion facilitated by the Weakness of a Woman ; but as weak as she was , He knew her Title to be strong , and as strong as this Author would have him with the People , yet he found himself too weak , only with the pretence of his Election to defend his Vsurpation , found an Army of Flemmings would give him a better Title to the Crown , than all this Power of Parliament to the Peopledom , and that a good Garrison would hold out longer in his defence than our Authors House of Commons ; and in truth his being so good a Souldier would not suffer him to be long a precarious King , an hundred thousand Pound of the good old Kings Treasure , did him more good than all their suffrages ; it brought Men and Arms out of Britany and Flanders , and built so many Castles for those sort of Monarch-makers , till the whole Kingdom seemed all over but one CITADEL , and all its Government but an entire Garrison . Yet as secure as he thought himself both in Subjects and his Strength , the prevalency of Right and Justice soon encompast him with as many Dangers : His Nobility begin to be incensed against him , and that out of a sence of his having injured an Heir ; The provok't Empress Lands with a strong party , and her presence soon proclaimed the Justice of her Cause , and made that Oath they had swallowed for her , without any Operation or Effect , to work , now as strongly ; a pitcht Battle and a fierce one too is fought ; his Souldiers forsook him at last , as well as his People , and he forc't to sight so desperately , for a cause that was ever as desperate , till himself is taken a Prisoner , by her from whom he took the Crown ; and tho she brought a War for her Right , was received peaceably , entered Her Capital City in Triumph , and by her Loyal Londoners welcom'd with Acclamation and Joy. And pray what was the Consequence now of this debarred Right , but what always attends it , BLOOD ; the Scots had with a Savage sort of a Revenge shed some for her before , she spilt a great deal before she came to this , and before the ground which had drunk so much Gore could be said to be dry , at Winohester 't is moistened with a fresh supply , and that too with a War of Women ; MATIL'D the Queen invades Maud the Empress , the worst cause , as it is wont , ( prevails best ) and here the Right Heir is again driven from the enjoyment of her Right , by that which commonly does it , the SWORD ; and then at last after all the various events of WAR , which whatever the Fortune be , must still end in the loss of Lives ; that Just Astrea which then too seemed to have left the Earth , and upon it nothing but wrong look't down from Heaven ; this fierce King in fuller Assembly than in what he was chose , acknowledges that Hereditary Right against which he had fought , and Henry in the Right of his Mother Maud to be the Lawful Successor . And one would think now this succeeding Monarch's Right should have been allowed Hereditary beyond dispute , beyond Contradiction , when so much Blood had been spilt in the Defence of it ; when acknowledged so by this Popular Advocates , own People , and before them owned too by him that had interrupted the Succession , and excluded the Right and Lawful Heir . But what cannot Malice suggest , or Faction invent ? till this transport against Government ; this rage of Rebellion suspends the calm Operations of the Soul , and the dictates of common Sense , till it hurry these blind Pretenders to verity into the greatest falsehoods , transports them into perfect Lyes and Absurdities , and to labour even against the Contradictions of Truth and Reason : Here he still impudently tells us against plain matter of Fact , the Confessions of his own Creatures the People , and the Acknowledgment of his own Favourite the Vsurper ; That in all these Transactions there was no Consideration of any Right , but what universal consent conferr'd . And his Exception to our Henry the Second's Right must also now result from his Mother Mawds Title before ; I am glad we can get him to tolerate any such thing , as Title at all ; but I would ask this Gentleman ( if he has any thing to dispose of , ) whether he might not cedere de bonis , as the Civilians in another Case Phrase it , only for the letting his Successor and Heir Inherit it , or whether upon such a Cession , or making it over , his Son should not succeed into this Patrimony , till he had knockt his bountiful Father in the head , or he was pleased to step aside into the next World , to let his Successor have more Room in this . I fancy he would be glad such a Resignation might pass , without an Attournment of his LIFE too . Maud the Empress was sufficiently pleased only with the Succession of her Son , and as Writers say , quitted her Title too , which was apparently acknowledged in letting him succeed . Is the Mothers Right ever the less , when the Son does succeed in her Right , and is there no Difference between altering a Succession , and a refusing to succeed ? Matt. Paris makes her live thirty years after Stephen's Death ; time enough to have resented her wrong , if she thought she had sustein'd an Interruption of her Right , and she must be supposed to be willing to consent to those Conditions of peace , being all concluded with her privity , and she having suffered sufficiently with a troublesom War in England , went over to Normandy for Peace . This Henry knowing his Right to the Crown was resolved to secure the same Right of Succession to his Son ; and this very endeavour for a Lawful and a Lineal discent , does this perverse Author turn into an Argument for Election , and because he only called his Barons Bishops and Abbots to let them know he would have him to be secured his Successor , by making him a Copartner in the Government , and to prevent his being wronged after his Death , was resolved to see him enjoy part of his Right in his Life ; therefore from these fine Premises he draws this Illogical Conclusion , that he was elected by their Consent , and when from Gervas himself whom he Cites it appears , they were by the Kings express Command call'd to his Coronation ; and Paris says 't was at his Summons they came to Crown his Son , and by his Fathers own bidding ; and if this solemnity shall make our Crown Elective ; since the Conquest we have had none Hereditary , and our Kings must never suffer any Nobles or Commons at their Coronation , for fear of such Perverters making it a Parliamentary choice . But if any thing could be condemned in this unhappy Solicitation for his Sons security to succeed , 't was only in making him a King before he came to be a Successor , by defrauding himself upon a sollicitous distrust , of part of that Divine Right , when he was by God entrusted with the whole , and making his Son to Anticipate that by his forwardness , for which he should have waited the Almighty's leisure : The Nature of Monarchy being inconsistent with a Duum-Virate , units may be as well divided ; And the very Etymon of the Word contends for the sole Soveraignty it expresses . And the very sad effects of this contradictory Coronation , were the best Evidence of its inconsistency , and verifies the Latin Aphorism of the Tragedian ; that the Crown cannot admit of a shareer or competitor no more than the Bed , the making himself but half King , was like to have lost him the whole Kingdom , and almost made him none at all , they soon animated the young Monarch against his Old Father , and let him know that 't was absurd for any one to be called a King , and to have nothing of Government that is essential to it in the Kingdom . Daniel calls it the making the Common-wealth a Monster with two Heads ( and what then must it be with many ; ) but withal tells us 't was only the effect of jealousie that this King feared from his Mothers Example , and that some of his false Subjects might also break all Oaths of Fealty to his Son , ( as well as this perjur'd Author has that of his Allegiance to his Sovereign , ) and I believe this alone made this King so carefully Praecipitous , as to prevent the Expiration of his Reign , with an Anticipation of the Grave , and a Resignation of his Rule , with a POLITICAL DEATH ; for this Crown'd Son was soon by LEWIS of France embolden'd to that insolency from having the half , that in plain Terms he demanded the whole , and what the too bountiful Father had no Reason to grant by fair means , the ungrateful Son resolves to obtain by foul , sides with the King of France , and many of the divided Kingdom with Him , and are all in Arms ready for Ruin and Destruction ; neither did they lie down their Swords , till it ended as all Alterations in a Monarchy , in BLOOD , and the Coparcenary King shortly after , his Life ; but a little before reconciled to his too provident Father . I am sure this shows even the Participation of the Royal Power dangerous , tho by those that had Right to Succession ; and if such an Alteration in the Government can prove so fatal , much more then an altering the Succession it self , and if a Crown can't like a common Conveyance with fafety be made over in trust ; I dare say 't will be less secure to cut off entail . The next Reign that we have Reason to reply upon , is that of Richard the First , and with that his irrational Inferences have dealt as unreasonably ; for he there by his own Confession has no other Authority for his Election ( as his own words have it ) but the words of his Historian , and yet this very Historian , whom he there most impudently traduces and abuses , acknowledges his Hereditary Right to the Crown ; by which he was to be promoted ; before ever he tells you of the solemn Election of the People ; which beyond contradiction confirms what the Worthy Dr. B. has as significantly suggested , that the common acceptation of Election amongst ancient Authors , imply'd nothing less than what our factious insinuators apply it to , and that they meant nothing else but Confirmation or Acknowledgment ; for first , would such a Learned Authority as he cites , only labour under a learned Contradiction , and tell you such an one was promoted for his Hereditary Right , and then in the very subsequent words declare it was by solemn Election : Certainly such Immortal Authors could never wage with Sense and Reason a Mortal War ; and he himself is so favourable to their pious Memory , as to omit all the seeming Contradiction , because not reconc leable to his prejudic'd Interpretation : and when Historians tell you of any thing of Election , ( which he would have popular , ) be sure he omits what ever they say of Hereditary Succession before ; so has he done here : so in most of the Citations elsewhere . And next also he tells us , that his Father had gotten the Succession confirm'd to him in his Life . Of which many of our modern Historians are totally silent , and afterwards that he was again Elected by the People , of which in his sense , none truly speak : nether is it reconcileable how they shou'd twice solemnly choose him for their King , when even in Poland it self once will serve : but besides , before his Solemn Coronation , ( or as he wou'd have it ) his popular Election , immediately after his Fathers Funeral ; without doubt upon the consideration of his Hereditary Right , he exercised as he might well do , and as has been since resolv'd any King of ours may , an absolute Power of a King before this Solemn Ceremony of Coronation ; for presently he seizes upon his Fathers Treasure in France , Imprisons , Fetters , Manacles the late Kings Treasurer to extort the uttermost penny . I think such a severe sort of absoluteness , as they wou'd not now allow our Crowned King : He is there girt by the Arch-Bishop with a Sword ; takes fealty both of Clergy and Lay ; makes a Truce with the King of France , and all this before ever he came into England to be Crown'd or Elected . And shou'd we yield to this perverse Imposture , the signification of his word for which he has so long labour'd , yet all this while we find his very People more willing to Elect him that had an Hereditary Right , than a spurious Invader that had none at at all , and did actually Confirm him in his Succession : unless the more powerful Usurper terrifi'd them from their Loyal Intentions , and truly the mistaken Gentleman might have as well prov'd that he was the third time Elected too ; when after his Imprisonment that he suffer'd from Henry the Sixth , the German Emperor , after he came home , and had held a Parliament at Nottingham , he was again recognis'd for their King , and Crown'd at Winchester . But what can be better Evidence of the precedency that was allow'd to the nearest of blood in a Lineal Descent , then this Princes Care he took in appointing his Nephew Arthur to Succeed him , tho he had a Brother of his own , to whom he had shown a liberal largess of his Love when he began to Reign , in bestowing on him no less than half a dozen Earldoms , a good part of his Kingdom : Certainly this Earl John was nearer to him in Blood and Affection , and then what cou'd move him to this Testamentary Disposition , but the more nearness of the other to the Kingdom and the Crown ? But in spight of all Adoption and Right , JOHN as great an Usurper as any , laid hold of the Scepter and held it too , only as some of our Tenures in Law , by primer occupancy ; he had his Brothers Army in the field , and that was then enough to have made a King of a Cromwel an Hewson , a Brewer or a Cobler , powerful Arms that filence any Law. But still the Nobility were for maintaining the Right of Succession in Arthur , and as they call'd it the usual Custom of Inheritance ; most of his Provinces in France stood firm to him , and so did the King of it ; and had Fortune favor'd him , upon whom for the most part it frowns the Justest pretender , he had not been made a Prisoner to his Uncle , to whom he was a King ; and been murder`d by him after the Siege of Mirabel . But the Barons rebellious Insurrection soon aveng'd the Barbarous Butchery , and but bloody consequences here too attended the Debar'd Right . He is forsaken of all his People ; and the French Kings Son a perfect Forreigner invited in for a King ; and his end at the last as unnatural , as the death he gave to his Nephew . And here upon the Coronation of this intruding King John , the factious Historian rehearses the Clause of Hubert the Bishop of Canterbury's Speech , that declar'd the right to the Crown to consist only in the Election of the People ; but disingenuously omits the very reason of the self same Prelate ; who when he was pincht with the Interrogatory why he would preach up such pernicious Principles , own'd it more a Design of Policy , than the Sense of his Soul. But to give him a perfect Rowland for his Oliver , he will find in the Life of Richard the Second , a better Bishop , making of a more Divine Speech ; and asserting the Right of Succession more 〈◊〉 than ever this designing Metropolitan was able to confute . But that worthy Prelates Doctrine did no way countenance our Authors seditious Observations ; and so directly different from his Huberts Harangue , that he might well pass it by without reading , and which must certainly have 〈◊〉 him into Blushes to have read . Henry the Third , a Prince too young to know his Right , much less to be able himself to take Possession of it ; was presently upon his Fathers Death Crown'd King. Certainly upon the Consideration of his Hereditary Right , or the Testamentary Donation of his Father , whom Paris says he appointed his Heir as his First-born ; made the Kingdom swear Fidelity to him , sent his Mandatory Letter under the Authority of his Great-Seal , to the Sheriff's of the Counties , to the Keepers of his Castles , that they shou'd all be intent upon the Business ; and upon his death they show'd themselves as ready to perform it ; and what can the most factious Pen make more of this than an Acknowledgment of Hereditary Right ; especially when the same Author in the beginning of the young Kings Reign says ; they only came together , to Exalt him to the Throne of his Father ; and not one word of their Suffrages or Election : therefore what could not be proved from matter of Fact , must be suggested with an Innuendo ; and because the good Earl Marshal in a perswasive Speech exhorted them to adhere to their lawful Sovereign , it imply'd the Consent of the People requir'd : if such an Assent shall make the Kingdom Elective , 't will be hard to proveany Hereditary ; for all people that do not actually Rebel and Oppose , must in that sense be said to Consent and Elect ; and when ever our Kings are Crown'd , 't is so far with the Consent of the people , that they do not interrupt the Coronation . But can he prove in any of his pretended Elections , much less here , that ever in England they balloted for the Crown , or drew Lots for the Kingdom ; that they had ever any certain number of Electors as in Germany , or carried it by Majority of suffrages as in Poland ; ' tho I believe some of them would make no more of his Majesty than a Bourrought Representative , or a County Knight , and 〈◊〉 allow him the Freedom of a Pole. But with what face can he urge it here , when the whole drift of Pembrokes Oration was only to satisfy them the Succession belong'd to the Son , and that the French Usurper Lewis would be the ruin of the Realm ? which Speech was so effectual too ; that several of the Principal of the Barons not withstanding that open hatred to his Father , in spight of Obligation of an Oath to Lewis , they still thought their Loyalty , and Allegiance more obliging , and revolt from the French-man : till all at last , deserted of all , he abjures his claim and the Kingdom together . After he had been first routed by Land at Lncoln by Pembroke the Protector , and his fresh supplys at Sea near Dover , by Hubert the Gouernour : And the bold Speech of that stout Souldiers , to this powerfull Prince , when he demanded Dover on the Death of King John , was a better Evidence what sense the people had of a Lawful 〈◊〉 , than he from the Marshals can evince that he succeeded by Election and against the Laws of Descent ; and all that he can pertinently draw from the Protectors Oration , is , that an Infant King did not speak for himself . But if ought be a blot in his Succession , 't is what this praejudiced Historian I am sure does not care to Hit , and that is the weakness of his Fathers Title that forc't him to strenghten his Sons with a Donation : And Elenor the Sister of his Cousen Arthur who had a Stronger right , did not dye in five and twenty years after he came to the Crown , and was kept continually to her dying day in a close Confinement ; so strong a tide was the proximity of Blood thought then , even by those that were the perverters of its Channel ; that it would bear all the force of its foes before it , unless Bay'd back by as much force and violence ; and we have found in some of our own Reigns , even that too little , a well guarded Prison , too weak to hold a Legitimate Prince , and that from thence too they have Mounted the Throne . To the Succession of his Son Edward the first , one would have thought all his diligent malice or the Devils could never have afforded an Objection ; for it seems he can't find so much as his own old dear word Elected , here amongst his abus'd Authors ; but another False suggestion must supply the defect : And where his Trope of Inversion can't pervert the Truth , another part of Rhetorick must serve the Turn ; Invention , and a Lye : for so is that which he would have us believe , that his Second Brother Edmund was the First ; ( And truly I believe he could Invert the Course of Nature too as well as Blood , would it serve his turn ; ) and this we must take for unquestion'd Authority from the pretensions of the House of Lancaster that descended from him , and say he was only rejected for his Deformity ; truly were there nothing to refute it but only their pretentions , the prejudice and partiality of the Pretenders were sufficient to render it suspected ; which aspiring Line Labour'd as much in its Genealogy , as ever any Welsh Gentleman in his Pedigree : But the best of it is , matter of Fact contradicts it , Historians deny it , and none but himself would assert it . It Appears from Paris that this primitive Lancastrian was no less than Six years younger . And he an Author that Liv'd in the same Reign and resided in the very same Court , and says that the Londoners swore Allegiance to the First-born Edward but a year old , and then before the Second was so much as born . And for his deformity that he only gathers from the shallower Argument of his Name being Crouch-back , which as Baker observes , was rather from his wearing a Cross upon his Back , and this I look upon as better Authority then Buck's in the accomplishment and polishing of Richard the third , and the cleering of him from his crookedness ; and yet I believe our good Natur'd Historian will readily credit that , because spoken in commendation of a Usurper , a Tyrant , and a Murderer ; and one that came to the Crown , as he will have it , by the consent of the People , tho this of ours must by no means be believed , because it no way makes for his purpose . The last was but little , and now the next Reign is as much for the Gentleman's purpose , and that 's a Rebellion of a Parliament , an actual Deposition of the present King , and the Murdering of his Sovereign , and of that , he makes as good use too , as if he designed not only to transmit it with his Papers to posterity ; but with his Pen for the present Age to transcribe it into Practice , and what the Devil himself would have condemned in an History ; has this Impious Wretch made a damnable President : It must be his Design , from the Season of its Publication , from the Proceedings of his Parliament , and from the subsequent Discoveries , the whole piece was nothing else in every Paragraph , but a Vindication of the Parliaments Power over Kings , and here in this he has made the Deposition of his King , like their ordinary Proceedings warrantable by President ; why did he not tell them too , Painted Chamber Monday the 29. ordered a warrant be drawn for Executing the King in the open Street before White-Hall . Sir Arthur Haslerig Reports from the Committee , that Charles and James Stewart , Sons of the late King should dye without Mercy wheresoever they should be found . And he had certainly brought down his History to this too had the Times been but black enough to bear it ; for the subsequent sacrificing of Richard the Second is as much his popular Theam ; his Power of Parliaments , and his Election of the People : He tells them their Ancestors were weary of this Kings Irregular and Arbitrary Government , and the malicious Wretch found some of their present Posterity , as uneasie under a mild , and merciful Reign ; he tells them their Parliament publickly read a Paper containing Instances of the Kings Misgovernment , and concluded that he was unworthy to Reign any longer , and ought to be deposed , and sent to him to renounce his Crown and Dignity , otherwise they would proceed , ( that is , to do it for him ; ) but I think his piece was overseen , that it did not tell them too of another Paper as Bernardiston told them at the Bar , that was talkt of in Parliament , about too , The Encroachments and Vsurpation of Arbitrary Power , of following such Orders as shall from Time to Time be received from this present Parliament , or the Major part of the Members , when it shall be Prorogu'd or Dissolved , and obey such Officers as they shall set over us , Certainly his making this unfortunate Edward's Deposition a Parliamentary President has unmaskt our Treasons Historiographer , superseded even with men but of common Sense his designed Impositions , registred himself an inveterate Traytor with his own hand , and Chronicl'd his lasting Treason to Posterity , which will blush at the reading of those Villanous Infinuations , which his most Licentious Pen could Publish without ; 't was then in that Kings Reign too , as appears in their Ordinances they made , the Tumultuous and Rebellious Barons ; ( for the Commons were then not so considerable as to raise a Rebellion , ) upon the Pretence of Gods Honour and the Church ; the Honour of the King and his Realm ; made 〈◊〉 to remove evil Councellors , reform the Court , and to force the King to let them name all the Judges of the Bench , and the chief Officers of the Crown ; how near they then agreed with some of our late Transactions , and how well those have been copy'd since , I need not observe . And that the Narrative the Author of this piece presents to the Parliament was offered only for the Designs I have suggested , appears also from this Instance , being no way pertinent , to what ought to be the right purport of his History , whose Subject should have been but of Succession ; But that he found was not to be disputed here in this Reign , it being Hereditary beyond Contradiction , and 't is now an unanswerable Confirmation that those who are so much for altering the discent of the Crown , are as much for the deposing of him that wears it ; 't is now an attested Truth under their own hands , and they must give themselves the Lye to confute it . But whatever were the pardonable faults of this unhappy Prince , tho our Law say , A King can have none , much less be punisht for it , when he can do no wrong : The greatest that Daniel condemns was his mighty favouring of his Minions , Gaveston and Spencer's , in Opposition to his Barons , ( and must it be criminal to a King to have a Friend ? ) But however in his History calls it the first Example of a deposed Prince , no less dishonourable to the State than to him ; 〈◊〉 calls the Bishop of Hereford , that then was busied in the Resignation , but a Mischievous Embassador ; and pray what was the Fate of those that were the first Leaders of the Rebellion , and the most mutinous . The mighty Duke of Lancaster was by his own Peers condemned to be Hang'd and Quartered , and was only Beheaded , and several Barons besides , and afterward Mortimer the Queens own Minion and Favourite , was impeached in Parliament of Edward the Third , for making Dissention between the late King and Queen ; for murdering of his Sovereign , and accordingly was drawn , Hanged and Quartered for it with several of his Adherents . But as Unanimous and as Clamorous as they seemed for his Deposition , the greatest Contenders for it as some of our Historians affirm , lamented it with regret when it was done , and Stow tells us , that when the Queen understood her Son was Elected , she seemed to be full of sorrow , as it were almost out of her Wits , and the Son lamented too , and swore , that against his Fathers Will , he would never take the Crown . And after all , what succeeded this most unjust Deprivation and Imprisonment of a King but what still is its immediate subsequent , the Barbarous Murder ; this was verified in the following fate of King Richard , this was the unfortunate Consequence of our late confined Martyr ; Mattrevers Iron soon followed the firsts Imprisonment in Corse and Berkley Gastle ; Exton`s Poll-ax as quickly dispatcht the Second at Pomsret , and the Block at White-Hall too soon attended the Confinements of the last Martyr in Carisbrook and Holmby , confirming even with his last breath , and verifying in his latest Blood this too fatal Aphorism ; that a Death soon follows the Deprivation of a King , and that there is , ( in his own words ) but a little distance between the Prisons , and the Graves of Princes . And now the next that enters this Theater Royal , is Edward the Third , a Son too forward to accept of a Crown , before 't was his due ; But notwithstanding this Rebellious Instance he hath given , not so formally chosen , as to make the Kingdom Elective , for their very chusing of his Son , and that the Eldest , insinuates that in spight of their obstinate dissobedience , their resolute Rebellion , they were still toucht with a sense of right , and priviledge of Primogeniture , and the small remainders of Majesty , the bare Right they had , left him , awd them so far , as to think it necessary to palliate their too open villanies , with the formality of a Resignation , neither would the Son accept it , neither was he proclaimed , or Crown'd , till his 〈◊〉 had resigned ; and let the bold audacious force they used for it ; lie at their Door that vindicate it ; his resigning entitled his Son , and he had a sort of Right in Civil Law besides Hereditary , pro derelicto . Here 't is pretty remarkable , the fine sort of Observation he makes on the Bishop of Canterbury's Text ; vox Populi , that it was the voice of the Almighty too , and impiously upbraids the sacred Dust of their own Martyred Lawd ; for placing a Divine Right in Kings , when some of his Predecessors had so well lodged it in the People ; but did not the Impudence of his Brow almost exceed the villany of his Heart , his Conscience as hard as his Fore-Head , or both ; he could never thus inhumanely reflect on him , whom they butchered too , as barbarously , and that with such a Reflection , that flies in his own Face , when the very Opposers of this pious Praelates Opinion , verifyed afterwards his Prophetick fear , and by the placing this Divine Right in the People , sent assoon his sacred Majesty to follow the Praelate . But can ever Wretches show more industrious Malice towards the Government , when they shall close with the Doctrines of their worst of Enemies , and which they would be thought so damnably to detest ; to do it an Injury , cite you the Authority of the most Zealous Catholicks , when it will make against the Monarchy , yet baffle , and burlesque the very Bible , when it makes for it ; the malitious Miscreant knows the Clergy then were all bound by their Oaths , besides their Opinions , to be the Bigots of Rome : He knows the Popes supremacy , then would not admit of the Kings : He knows the pleasing of the People , was then the best Expedient for the promoting the Pope , that from them came all the Penny 's , that paid them for their Pater-nosters , and that this beast of Babylon , ( against which our Zealots pretend too as much Brutal rage ) then only trampled upon the Necks of Kings , not only had Her stirrops held by them ; but rid upon the very backs of Princes , and that only because the poor People were so Priest-ridden ; would he have had that Popish Prelate preach to them the Kings Supremacy , told them he was not to be toucht , because jure divino ; when themselves make it the Doctrin of their Church to dethrone them ; certainly such Sycophànts dissemble when they cry up the Reformation , that rely so much upon the Religion of those times before they were Reform'd . The Bishop , as he thinks , having now pretty well asserted the Peoples supremacy by making them Divine ; he brings in as prettily Polidore Virgil , proving them to be all Princes , so that we have now but one Subject left , and that 's the King ; but by his leave the Governments bark must be wrackt in a Rebellion and a storm , before they can come to Reign like so many Trincaloes in the Tempest : The Gentleman sure read Shakespear instead of Virgil , and thinks our Isle enchanted too ; but to be serious in matters of Blood , and Right , and that when both Royal , could any Person of sober sense be so simply sollicitous , as from an Author forreign , unknowing our Constitutions , calling some of our Subjects Principes to suggest their Supremacy , their Superiority ; we know as well as he , what he means by it , or what he must mean , that they were some of the chief of the Realm , and will that make them Rulers too : the Latin Idiom sometimes applies the word Princeps , to subordinate supremacy , as well as to those that are sole Supream : But even the Authority that he cites for this silly Suggestion , and others ; P. Virgil himself is sufficiently secluded from being Authentick by Sir Henry Savill . The next Factious Insinuation that follows , is that John De Gaunt , this Edward the Thirds fourth Son ; but the Eldest surviving , disputed the Succession : But this , as a Learned , and Loyal Author observes , so far from Truth , that he was at the latter end of his Fathers Life , made Lieutenant of the Realm , and Protector of it , during Richard his Minority ; certainly had his Competition come in Question , they would have been but dangerous Trusts , and against the Laws of all Nations and our own ; for the Civil takes sufficient Care for the removing of all suspected Tutors , and our Common ordained upon the Lord 's loosing his ward , for disparagement , that the wardship of the Heir should never go to the nearest of kin , but to the next to whom the Inheritance cannot descend : Daniel says King Edward , purposely to prevent the disorder , and mischiefs that attend the disordering Succession , setled the same in Parliament on Richard , lest John of Lancaster should supplant him as Earl John had done his Nephew Arthur , and this disingenuous Creature perverts the fear of Supplantation into a dispute of the Succession ; and Stow tells us of nothing but his being made Prince of Wales on his Brothers Death : But this Uncle proved a better Keeper of the King in his Protectorate , than this John or Richard the Third , had but the Poor Princes Subjects kept their Faith too , and not given 〈◊〉 : perjured Author another Instance for the renouncing his Allegiance , and a second president for the deposing of his King. And here since this Historian has already cited two or three Popish Archbishops , for the Countenancing of his Puritanism , and the Doctrine of Bellarmin for the Counterpart of Buchanan , conspiring in a perfect Harmony for the Deposition of their Kings , and their Murder ; I 'le tell him of another Canterbury too , that blew the Trumpet to the dethroning of the next King , and the sacrificing of his Sovereign upon that Altar of his Lips. For the first thing that the first Usurper attempted , that aspiring Prince when he landed , was the causing of Arundel , then the Metropolitan , to preach down King Richard ; the Prelate had ready a Bull procured from Rome , promising Remission of Sins to all those that should aid the said Henry , and after their death to be placed in Paradice ; which preaching as our Author says , moved many to cleave to the Duke : but this Popish Puritan knows our Bishops and Divines since the Reformation have taught him better Doctrine ; and he licks up the very Poyson of his deadly Foes , only to spit the venom , in the Face of the Government . But with what face can he tell us of a Parliament , here drawing up a Form of Resignation ; which was just as much a Parliament as their late Major part of Members that were to be obey'd in their Association : An Invader , Usurper and a banisht Subject takes upon him in the name of his Sovereing to Summon it ; and so did our late Rebels , fight and fire at his Majesty : but still with his own good Leave and Authority , this Convok't that Parliament , as Cromwel secluded his , with an Army at his heels ; only those had secured their King in the Tower , these in the Isle of Wight ; and shall these their Journals of Rebellion , make up a Book of Presidents ? Is such a fellow fit to breath under a mild Government , that calls for Blood , where there is so much Mercy ? that Recommends to your reading an Impeachment of his King , and refers you to the Charge , and Articles that were drawn up for his Deposition , as a worthy Subject and well deserving to be read : Why did he not tells us too ? as well deserving to be imitated , Jan. 20 , 48. The Sollicitor Cook presented the Charge against CHARLES STEWART Engrost , ordered that it be returned to him to be exhibited . Preposterous Lump of Law and Logick revers'd ! that prints himself the Contradiction to common Equity and Reason ; can such a Body Politick justly convene it self , only to Rebel against its head , and to take away that Breath from whence it needs must have its being ; and can those Laws be made to conspire his Death , from whom themselves acknowledge they receive their Life ? But as to the matter of Fact it self , you shall see what Sence some of the Times had of it : The King of France was so sensible of this Injurious Proceeding , that it ran him into a fit of Frenzy ; Richard being related to him by the Marriage of his Daughter , he acquaints his Lords with his Resolution of Revenge ; and they shew'd themselves as ready to take it too , but were prevented here in England , by their taking away his Life ; which made them desist , not able to serve him after his Death . This is but an Evidence how the Villany was resented abroad , and you may find they were as much upbraided with it at home , and that to their very face , when a Parliament was sitting , and their Usurper on the Throne , by the Loyal Prelate of Carlisle ; whose Memory may it live as long as Loyalty can flourish , or our Annals last : so solid and 〈◊〉 were the Suggestions , so significant the Sense of this pious Soul , that it silenc'd all the Senate that was sitting ; and nothing but the prospect of some private or publick Favor and Preferment hindred their Conviction : their King was cool enough in prosecuting of his bold Truths , being scarce warm in his own Government ; yet at last upon Debate , and Consultation ; they confin'd the bold Bishop for a while , for the Liberty that he took ; and could only condemn his bold Indiscretion for shewing them so much the badness of their Cause . Hollinshed tells us this poor Prince was most unthankfully us'd of his Subjects . In no Kings days were the Commons in greater Wealth , or the Nobility more cherisht : how near some of our pamper'd Jesuruns that are satten'd to rebel ; confirm the danger of too much Luxury and ease ; the present fears from their experienced Attempts can best attest . But the fatality that befel that unhappy Prince , affords us the best politicks for the prevention of the like Fate . And now for his Henry the Fourth , he is forc't to 〈◊〉 for his depending on the Parliaments choice , when in that was his least Relyance ; for as little as he makes of his claim from Henry the Third , it is apparent from some Rolls of Parliament , that he challenged the Realm upon that account , and the Lords were interrogated what they thought of that claim ? upon which without delay they consented he should Reign , and as another Evidence of his Right to Rule , shewed them the Seal of King Richard as a Signification of his Will that he should fucceed him ; but that which for ought I see he lay his greatest weight upon , was but what all Usurpers must most relie on , the Sword , and he himself assures them just after the Sermon was ended , at the time they consented to be his Subjects , that he would take no advantage against any Man's Estate , as coming in by Conquest , and Conquest is one of the first claims he puts in at his Coronation , and as Haward relates it in his Life , not the least mention of his being elected is there mingled with his Claim . But neither did the success of a prosperous Wickedness Countenance this Usurpation ; for he was soon made sensible that a Crown seldom sits easie on that Head , where it has so little Right to sit , and indeed before it could be well setled , his Lords conspired against him at Westminster , set up Maudlin the Counterfeit , send to the King of France for assistance ; Glendour stirrs up the Welsh to rebel ; the Nobility fell from him , drew up the following Articles against himself , viz. for having Articl'd himself against his Sovereign ; for having falsified his Oath in medling with the Kingdom and the Crown , for taking Arms against his King , Imprisoning , Murdering Him ; that he unjustly kept the Crown from the Earl of March , to whom of Right it belonged , and vowed the Restoration of Him , and His Destruction ; and our Author now shall know these too are Articles as well deserving to be read , and one thing more that deserves as much Observation ; that this his good Peoples Election , was the prime Principal Cause of losing of Millions of Lives , and an Ocean of Blood ; here entred that Line of Lancaster that had almost left the Nation Childless ; the Nobility and Gentry that escap'd the Sword , were still by the prevailing Party chopt off or gibbited , and in the space of about thirty year and somewhat upwards , they dreined more Blood in England , then e're was spent in the Conquest of France , or would have been spilt had it been again attempted , and that too never have been lost by their Henry the Sixth , had it not been for an altered Succession , and an injured Heir , and the Bloody Consequences of a debarr'd Right . And now at last , he is forc't to allow an instance of a Prince , that succeeded without the least shadow of Election ; and that in Henry the Fifth , to whom himself owns they swore Allegiance without staying for his being declared ; we are obliged to him for this fair Concession ; but this Kindness is only because he finds it as clear as a Postulatum in the Mathematicks , beyond his own Impudence to contradict ; but however , he must malitiously observe that it was a thing strange , and without President , and why so ? because his Polidore tells him , such an extraordinary Kindness was never shown to any King before ; t is strange that his Italian should understand more of our own Government , than all our own English Authors ; 't is no wonder sure , if he that was a Stranger to our Affairs , should Write as strangely of it , and make our Mighty Monarchs of Britain , no more then some petty Prince of his own Italy , and as Elective as their Duke of Venice : But this perverse Gentleman shall know it was not without President , and that by several Instances . And first Richard the First presently on his Fathers Death without staying for their suffrages , seised on his Father's Treasure , was girt with the Sword of the Dutchy of Normandy , took fealty both of Clergy and Lay , and exercised all the Authority that Sovereign power cou'd allow before he came to be recogniz'd by their Suffrages , or to his Coronation . 2. Hoveden's Account that he gives of King John's coming to the Crown , which as some Writers say , is the extant , says they swore Fealty to him when he was out of England , without mentioning any thing of Preceding Election ; and he had his better Title , his Brothers Army then in the field ; by which he cou'd have made himself soon their King , had they not been so ready to receive him . 3. Upon the Death of Henry the 3d. the States Assembled at the New-Temple , and proclaimed his Son Edward King : when they knew not whether he was living or dead ; swear Fealty to him , and cause a New-Seal to be made . Here sure are some presidents of Allegiance before their Election , unless he 'll make Declaring or Proclaiming to be so ; and then in Gods Name in that sense , let them as he contends for be Elected ; for I think all will allow they are proclaim'd . But suppose on the death of a Predecessor there was no convention of any of the Nobility or Commonalty ; for Parliaments they then can have no Existence when the Breath is gone that gave them Being ; as all other Communitys , are de facto dissolv'd . If , I say , there were none met to Declare or Proclaim his Succes must the common Maxim be contradicted and the King dye too , for want of their Popular Breath to give him Life ? or do our Laws admit that this interval between his Predecessors expiration and the proclaiming or crowning his Successor shall be call'd an Interregnum ? they know the Constitutions of our Government admit no more of this than an Exclusion . They know that immediately by Descent King James was declar'd to be completely and absolutely King , and that by all the Judges of the Kingdom . I know the Kings Successor is always immediately proclaim'd upon his death ; and that perhaps is more for the proceedings of judicial Processes ; and that Writs may presently run in his name : But were such a Proclamation obstructed , I am satisfi'd he commenc'd an absolute King upon the very Minute of his Predecessors Expiration ; and if the Law Maxim won't allow an Haeres viventis ; there can be no Heir at all , if he begin not to be so presently upon his Predecessors Death ; and for an Evidence of Fact , as well as Reason , this very King of whom we now treat , catcht at the Crown , while his Father was catching at his last breath ; seised it as his own , as being his Right assoon as the gasping Monarch did but seem dead , who only reviv'd to let him know how little that Right was by which he claim'd , and so sealed the wrong he had done with his last breath , the Successor declaring his own Sword should maintain what his Fathers had got . Immediately upon this Henry the Fifths Death , his Son Henry the Sixth succeeded : This Author himself can talk of nothing of Election here neither , but that he succeeded as his Fathers Heir ; but to make the power of Parliament prevail in this Kings Reign , he is forc't to fly to a President , that prevents any other Confutation of his whole History ; for whereas he has contended all alone for a Parliamentary priviledge for altering the Succession , here he has brought upon the Stage one that condemns it self , for doing so ; here we find a Duke of York too , by the power ( as this Gentleman would have it of a Parliament , but rather a perfect Vsurpation upon the Crown ) for a long time excluded from his Birthright , and to make way for one of their Usurpers that was a Monmouth too : That Exclusion was begun but with a Rebellion , and it ended in as much Blood ; is our having been wretchedly miserable , an Argument for our tempting the Almighty to make us once more so ? shall we Plot against Heaven for our Destruction , and defie Fate to make us happy ; 't is matter of Astonishment to find the very Presidents of our Nations ruin , to be preferr'd as expedients for its Preservation , unless they think a Prince , whose Just resentments themselves fear , and call revengeful , should now more tamely forego his Right ; when for above two hundred Years agon , it was with so much Blood asserted , or do they think now an excluded Prince will find fewer Friends ? no , these Political Suggestions do but give themselves the Lye ; his Courage they know , and for that they associated ; his Adherents they fear'd , and for that they were to be destroyed ; and here we have now by this Author 's own Confession , after a thirty years bloody War , what in our next Parliament , perhaps we may have without , as well as in the late Loyal one in Scotland , a full Recognition of the Right of the Lawful Heir , and that no foregoing Act is of any force to foreclude the Right Inheritor of the Crown , and the Parliament approving of a Duke of York for their Sovereign , as a Right Heir , by Lineal discent from King Richard the Second . And now the Succession of this next King Edward the Fourth , was the greatest Confirmation of the discent of the Crown to be by Proximity of Blood , that the most devout Heart the most zealous Contender for this undoubted right , cou'd wish or desire . Here we have the very Parliaments , those omnipotent Powers of the People , the God Almighties of these Idolatrous Adorers themselves acknowledging ; that such a Succession is agreeable to the Laws of God ; Nature , and Nations ; Human and Divine ; and is this now as this factious Impostor would insinuate , only the Doctrine of Lambeth ? The position of our Lawds and the Principle of our Prelate ? The first thing that was done , in the first of this Edward the Fourth , was the repealing of all the proceedings against Richard the Second , and all the three following Lines of Lancaster , declar'd absolute Vsurpers : That Henry the Fourth had rashly , against Right and Justice , by Force and Arms , against his Faith and Allegiance , rais'd War against King Richard , usurpt and intruded on the Royal Power , that the Tyrant Imprison'd , murder'd his Anointed , Crowned , Consecrated King , against Gods Law , and Mans Allegiance ; and that there moving of the last Vsurper was according to the Laws and Custom of the Realm : Most of the proceedings of Parliaments in there former Reigns were all null'd and vacated ; and the Intrusion of the first Lancaster into the Throne , declar'd an Occasion of the ruine of the Realm ; and the ground of all the Civil and Intestine Wars that followed . But refractory Rebels may reply , This was after he had obtain'd his Right again with the Sword , and all the Kingdom then his own Creatures : But still these prejudic'd Souls can't reflect that most if not all of those Elections , Vsurpations , that they cite on their side , were only then the Sense of their Parliaments , when they did not dare to think otherwise , and when they were fright'ned into Faction with the Terror of the Sword ; and forc't to comply for the fear of Arms : and are not their Votes and Suffrages , their Resolves , and Orders ; as warrantble for the declaring of an undoubted Right , as for an asserting of an absolute Wrong ? But even such a suggestion is as really simple , as 't is truly false , and so fails them too ; for their own Author tells us , that the Duke of York did not think it worth the contending for , till his Title was declar'd in Parliament , and that was done when the last of the Usurpers was in a flourishing Condition , at the head of his House of Peers , and in the hearts of his People . And the rejecting of their Intruder , so far from being done by force , that they took all the Care , Counsel and Deliberation imaginable : as soon as the Duke put in his Claim , they reply'd 't was an high matter , and not to be consider'd without their Kings consent , to whom all their Lords present it , himself orders it to be examin'd , his own Title as far as could be found out to be defended ; accordingly they send for all the Judges who declin'd ( without doubt out of distruct ) the discussing it ; then all the Serjeants are sent for , and they do the same , till forc't by their Superiors into these three or four extorted Objections . 1. The Oath they had takento this King. 2. The Entails made to the Heirs of Henry the Fourth . 3. That he claim'd as Inheritor to Henry the Third . The Replies of the Duke . That no Oath was obligatory for the suppressing of a Right . That the Entails were made only to supply the defect of a better Title . And that Records would contradict his discent , from Henry the Third : So sufficiently satisfied that honourable Assembly , that they presently recognise his Right , and that for eschewing the many In conveniences that might ensue , upon an Exclusion . And for saving a little of their Kings Honor , as they call'd it , let the poor Usurper turn a Tenant for his Life ; and that prov'd but afterwards at the Courtesie of the Heir . Does not this blind implicit Adorer of his deify'd Creatures , this idolatrous Admirer of his own created Gods , see in these particulars , and even in his own presidents that he cites the mutability of Mens minds , and the contradictory Conclusions of this his infallible Council , while Right it self must still remain the same , and the decrees of Heaven can't be cancell'd , since the very Laws of the Persians could not : and still when our own in this point of Succession were repeal'd , we find it turn'd all into Confusion and a Hell ; and for a more sudden alteration in this vein and humor of Parliament , observe but this single Instance , and that in the very season of which we are discoursing . In the 38 of this Henry the sixth , a Parliament was held at Coventry ; by that the Duke of York too is attainted of Treason , and all his Adherents . Their Heirs disinherited to the ninth degree , their Tenants spoiled of their goods , maim'd , slain ; but in the very next year , of his Reign , the very same Coventry Parliament declar'd by another , to be a devillish Councel , celebrated for the destruction of the Nobility ; never elected , unduly returned ; desiring the destruction rather than the Advancement of the Commonwealth . And now can the most popular advocate of the Party , from the perusal of these their inconsistent irregular proceedings , make them absolute Arbitrators of Right ? They must resolve themselves into this Absurdity for a reply ; that the supream Power of the Nation for its own security , can justly do wrong . We have seen several Subjects against all Reason ruin'd with an Act of Parliament ; and therefore shall we think it alway to do Right ? What Reason can we give that our Courts of Equity are still the same , but that they can't be controll'd by the mutability of their Statute-Law ; and granting this their Bill of Exclusion had past into Statute , that it had been Enacted a Royal Heir must be debarr d of his Birthright , I am sure the general Council of the world , would quickly have given their Opinions against this great one of our Nation . And tho their Codes and Digests don't obtain with us , yet I cannot see why a Prince shou'd be deny'd the priviledge of a private Person ; And the Brother of our King , the claiming his Right in Equity , what is allow'd the meanest Subject when forecluded by the Law. The next immediate Succession of the Crown descends as immediately to the next of Blood , and as for the most part it has done since the time of the Saxons , from Father to Son ; the Fifth Edward , as hopeful as unfortunate , and the more in affording our Factious fellow , another president for an Assembly of Rebels , that prefer'd the very Murderer of their Soveraign , and a pretended Parliament that plac't the Butcher of his Brothers Children on the Throne : And truly this Monster might be said to be Elected by the People , whom no God or Nature design'd for the Crown ; and who was forc't to break the Laws of both to come at it ; and a sort of Election it was like those we had of late in the City , with Rout , and Ryot , and that in the same place too at their Guild-hall , where the Duke of Buckingham very solemnly convenes the Mayor and Aldermen , and there propounds to them and the rabble , their new King Richard , and it was like to be a fine sort of National Choice , that was to be decided by the Freemen of London . But whatever Influence , as this Gentleman observ'd , they had on the Succession , nothing of their consents could be gather'd but from their silence , for suffrages they had none , they being all surpriz'd with so strange a Proposition . Their Buckingham Elector with his Aldermen and some of their Retinue cry up a Richard , and so carry'd all with a House of Commons Nemine contradicente : And now for his Bill in Parliament , made rather by a pack't Convention of Buckinghams for the Bastardizing of his Soveraign's Issue , that very Roll of Rebellion acknowledges his right by Lawful Inheritance , grounded upon the Laws of Nature and Custom , and God himself ; also this which was rather a Convocation of Rebels than a Convention of States , acknowledgd what this inconsiderate Author cites them to Contradict , the Lineal and Legal discent of the Crown by Proximity of Blood , but in this acknowledging of an Usurper the good Bishop of Ely then oppos'd and for it was Committed to Buckingham's Custody , and Stow calls it all a meer mock-Election . And here enters all in blood , & that of the Blood Royal and Innocents , the meer Monster of a man , that beyond her intention , seem'd to crawl into the World while nature lay asleep , with a distorted Body the proper receptacle for as perverse a Soul ; and in him the third great Example that our Impious Author vouches for the Practicable Presidents , of a Parliaments abetting the plain Usurpation of a Rebel to the Rebellious deposition of a King that Reign'd ; and consequently , the subsequent Murders of those that had the right , and those damnable Proceedings against Edw. 2d . and Richard 2d . and these poor Infants has he more Elaborately handled than all the rest of his abominable Treatise ; and the Contradictory Wretch calls the Murder of the Nephews Barbarous , yet pleads for the power of a Parliament that Introduc'd the Tyrant for their Murder , for they were as much dispatch't by their suffrages in the senate , as by Tyrrel in the Tower ; they were the Ministers of Injustice that sentenc'd them out of their Right , and that other only an Executioner to dispatch them of their Life ; for the History of all Nations , and too sadly that of our own , verifies it for an experienc'd truth , that the Destruction of those that have right , certainly follows in all Monarchies , the bloody Vsurpation or the popular Election of him that has none , an Association will needs follow an Exclusion , for whom they have expell'd , they must destroy , for such Murders as are grounded upon MAXIMS of State , must as necessarily follow the Foundations upon which they are lay'd ; for whatever Usurpers undermine an old frame of Government , their Interest obliges them to remove as rubbish all that shall obstruct the raising of the new ; and the dangers and fears from excluded deposed Princes , or the poor injur'd Heirs , soon makes it absolute necessity to cement the Walls with their Blood. The best remarks that can be gathered from the following Reign of Harry the Seventh , are to be found in the Lord Bacon's History , the best account of that King , and he tells us he had no less then three Titles to the Crown whatever that Italian States-man Commines could conceive to the contrary ; first his Title in 〈◊〉 of the Lady Elizabeth whom he was resolv'd to marry ; secondly that of the Line of Lancasters long disputed both by Plea and Arms ; thirdly , the Conquest by his own : But the Learned Historian observes the first was look't on the fairest , and Yorks line , been always lik't as the best Plea in the Crowns descent , and for Confirmation of it the Learned Lord tells us , that this Henry knew the Title of Lancaster Condemn'd by Act of Parliament , and prejudic'd in the Common opinion of the Realm , and that the root of all the Mischiefs that befel him was the discountenancing of the house of York , whom the General body of the Kingdom still affected ; and whatever stress and reliance this Prince might place in the PARLIAMENT's power , this able states-man observes there is still a great deal of difference 'twixt a King that holds by civil Act of State , and him that holds Originally by the Law of NATURE , and DISCENT of BLOOD , so that we have here a Person vers'd in our own Laws , an excellent and allowed Scholar by the whole World , and not only Lauds , and Bishops , as our bigotted Author would have it , allowing a Divine right by the Laws of Nature , and ( who I am sure was so good a Naturalist as best understood her Laws , ) and that Natural discent by blood to be much more preferable , than any other Human title given by such Inferiour powers of a Parliament , whom the most zealou's adorerssure won't acknowledg more Omnipotent then the God of Nature himself . I shall observe another Historical Instance that a true lineal discent was then taken for the best title , and even in those times had the greatest Influence , which was the Lord Stanley's Case , who tho the very Person that plac'd the Crown on this Princes head , yet suffer'd the loss of his own only for saying somewhat that savoured of his kindness to the Succession ; and that if he was sure the Children of Edward were alive he would not bear Arms against them ; so mightily did the sense of the right blood prevail with him that he sacrified all his own for it , and rather than recant what he so well resolv'd , seem'd no way sollicitous for his Life . But that which this Historian might have observ'd too , in this Reign as a discouragement to the designs of some of their popular Patriots then afoot , when he pen'd this his presumptuous piece , was the ill success that two several impostures met with in their pretensions to a Crown to which they were not 〈◊〉 , no great Inducement certainly for any one to bepersuaded to personate the Royal Heir , to set up for a Lambert or a Perkin , only for their misfortune and fate . Lastly , I shall conclude my remarks upon this Kings Reign , with an Animadversion upon a Paragraph or two that conclude his piece , very pertinent to this place , since it relates to the times of which we treat ; and that is the resolution of the Judges , upon the Case of this their King ; that the Descent of the Crown , purged all his defects , and attainder . This their opinion he refutes as Frivolous , Extrajudicial , and here Impertinent ; but I hope to show this Point a most material one , the Resolution to be a good Judgment , and their reply much to the present purpose . First , sure it was a matter and that of a high Nature to know how he was qualify'd to sit in the House , that was to preside in it as the head : And tho he might in some sense be said to have won the Crown with Arms , yet he knew it would wear much Better , sit much Easier , if setled , and establish't according to Law ; and tho a Conquerer that has the Sword in his hand , can soon capacitate himself to sway the Scepter ; yet he 'l soon find the most regular Proceedings tend most to the Establishment of his Reign ; this made Henry the Seventh who had a Triple Plea for the Crown , and that one by discent from the Lancasters consult his Oracles of the Law , how far an Attainder past in the Reign of the Yorks , would still taint his Blood ; and make it less Inheritable . Secondly , their Resolution that all preceding defects were purg'd in the discent , was a Judgment both equitable , and reasonable ; for 't was sure but equal that an Heir to whom an Inheritance and that ofa Crown was allowed to discend should be qualify'd to take too ; for if he was a King , no Bill of Attainder could touch him , that was past too when he was none : And if he was no King , all the concurrence of the Lords and Commons cou'd never have made him an Act for his being so ; there being no Royal Authority , to pass it into Law , and nothing by the very constitution of our Government can be made a Law without ; so that such a resolution certainly was highly reasonable , and unavoidable , that that should purge its own defects which no power had perfection anough to purge ; wou'd he have a King pass an Act with his two Houses for the reversal of his own Attainder , or the two Houses reverse the Attainder of their King ? If the first , the allowing him to pass such an Act , supersedes the end for which it should be past , and makes him de Facto capable whom they would capacitate , if he allows the Latter then he must an Interregnum too ; extinguish that Monarchy for a while , of which the very Maxim says the Monarch can't dye , and place that Supream power in the People , which all our Fundamental Laws have put in the King. Thirdly , this Resolution is very pertinent to the present purpose to which 't is commonly now apply'd ; and that is the Bill of Exclusion : But his passion , and prejudice ; would not permit him to Examin the little difference there is between them . For certainly that ability that can discharge any attainder , is as efficacious for the voiding and nulling any Bill that shall hinder the descent for a Bill of Exclusion , would have been but a Bill or an Act of the House for disabling the next Heir ; And an Attainder can do the same ; and is as much the Houses Act ; and to distinguish that in an Exclusion the Discent it self is prevented by a Law , makes just no difference , for whoever is Attainted has his Discent prevented by a Law too , and that antecedently also , before the Descent can come to purge him ; so that they only differ in this formal sort of Insignificancy , In an Exclusion , the Discents prevention would be the sole Subject of the Bill , in an Attainder it is by Consequence and Common Law prevented , and so the disability being but the same in both , the defects by the same means may and must be purged . The president the Judges cite to justify this their Opinion , is not only applicable to their Case for which 't was cited , but much more so to the very project of Exclusion ; which I 'll prove too from this Sophisters own reasoning : It is the Case of Henry the Sixth , who by Act of Parliament was Disabl'd to hold the Crown ; which was as particular an Act for the depriving him of his presum'd right , as this their Excluding Bill would have been of an unquestionable one ; Town , one of the Justices that debated and argued this point , vouch't this H. 6. Case as an Attainder ; but was Corrected by the rest , and told that he was not attainted , but Disabled to hold the Crown , but even that that was void assoon as he came again to wear it ; and seem to conclude that then à fortiori that an Attaindere would be purg'd away by the Descent ; and sure if this was then Law , and that even for the Line of Lancaster , who had Defects of Title to be purg'd besides of tainted blood : 'T is strange to me why a York now , and such an one too ; in whom both those so long disputed Titles Terminate and Concenter , should be Disabl'd for ever by that Expedient , which was resolv'd unable to prevent the Succession so long agon . For Argument that an Attainder hinders the Crowns Discent , has this presumptious Interpreter of the Law brought the most impertinent piece of Application , that the defect of sense could suggest , and so has as little reason , as Truth , to tell us that this Judges Resolution on Attainder , is not to the present purpose pertinent , for that a discent is insufficient to purge attainted Blood , he cites the Sense of the King of France , and the Learned advice that was given him to send his Son Lewis Because King John's Blood was corrupted ; but he might as well have told us because John is said to make over his Kingdom to the Moor , we are all now Subjects to the King of Morocco ; the true reason of the French mans sending of his Son , is what will at any time incapacitate the Crowns Discent , and that is the Rebellion of the Subjects , and yet those very Barons that Rebell'd never insisted on his corruption of Blood , never made it so much as a Plea for their Rebellious Insurrection ; nay themselves thought him so far from being disabl'd by it , that they prefer'd him even to the very right Blood , which was incorrupted in his Nephew Arthur ; but allowing it then Law , this resolution that such Corruption is purg'd , was made long since , and must now be as Legal , tho the Contrary before had been never so much Law , so that here he has only taken the pains to be impertinent and that too for the telling of a Lye. But as his Villanous heart , had falsely forg'd before that the Learned in King John's time invited Lewis over only because they thought his Attainder had incapacitated him to take the Crown : when all the while they made nothing but their Magna Charta and their priviledges the pretence for their Rebellion , and would have been certainly glad of such a suggestion , when they were so well Resolv'd to Rebel , ( tho I look upon this Inviting in of the French-man rather as a Retribution of a Remarkable Providence , that retaliated on his head the same sufferance from his Rebel Subjects , which his Soveraign and own Father had suffered from himself as Rebellious a Son , who sided against Henry the Second with Philip of France the Successor of a Lewis , as these did with a Lewis a Philips Successor . ) With the same falsehood and forgery would he have the world believe that the Line of Lancaster was so long approv'd , only because that of Yorks was Attainted ; which when purg'd in Parliament , he says , they then presently forsook the Lancastrian : But if he pleases to Consult my Lord Bacon he 'l find that Learned Historian tell him another tale ; and that the Lancaster Line was always the less esteem'd by the people , and how the Parliament could purge the Duke of York only by declaring him Heir Apparent I cannot apprehend ; for whatever can be warrantably past by a Parliament to warrant Obedience , must be what is past into an Act too ; unless one of their Order'd and Resolv'd shall resolve it self into a Law , for such a Statute must , ( tho it were for the declaring an Heir Apparent to the Crown , ) have the Royal Sanction of some Lawful King , which could never be Consistent here , with this their most inconsistent Declaration ; for the granting the Duke of York to be their Heir Apparent , in the same Breath pronounc'd Henry the Sixth an Usurper ; and the very words that declar'd York an Apparent Heir , made him de facto their Lawful King ; for they must either allow that he was the Crowns Heir , and then that had devolv'd to him long before by Blood and Inheritance from Lionel Duke of Clarence , Elder Brother to John of Gaunt , from whom the Lancasters claimed , or else they declared their Lineal , Lawful King , an Intruders , Vsurpers Heir it is an unavoidable Dilemma ; if the first , then an acknowledgment , of an irreparable wrong , done to their Lineal Soveraign that had an unquestionable right , if the Latter , then most absur'd and contradictory in making him an Heir to the Crown from that Henry , that himself never had the least Title to the wearing it . From whence I conclude , that any such supposed Act ( and it must be allowed that if not an Act that then it signified nothing too , ) that purged Richard Duke of York from his Attainder , could never have the Royal Assent , unless most absurdly from one that was no King ; for either it must be past by Henry the fixth , and then the thing he past un-King'd him ; or else by the Duke the declar'd Heir , and then but a suppos'd Subject in the very Declaration , or rather a Lawful and allow'd King in admitting him to pass a Bill , and so superseded such a fuperfluous and Declaratory Act. Lastly , even in this very point the Seditious Author supersedes the pains of any Loyal pen for the Confutation of the false Position he would prove , and in the very same Paragraph baffles himself to prevent an Answer , and tells us that Richard Duke of York's Corruption was purg'd when declar'd Heir Apparent by the Parliament , and that therefore the People forsook the Lancastrians , and set the House of York in the Throne ; shall the being declar'd but an Heir Apparent purge an Attainder ? And shall not an actual discent of the Crown take away the same defects ? shall here be thought the bare opinion of a Parliament sufficient to clear a Corrupted Blood ? And shall not for the same the resolution of all the Judges suffice ? But as this contradicts all right and reason , so the very next Line all History and Truth ; for it appears from all the Chronicles that can be consulted , that the house of York was rather own'd by the Parliament , for fear of the People , then that the People were prevail'd upon by the Parliaments opinion : for this Parliament of his had not above half a year before at Coventry declar'd the Duke and all his Adherents Traytors , Disinherited , and Excluded him and his Heirs . Ludlow a Town that belong'd to him sack't to the bare Walls , and as a Member in the late Houses moved for the 〈◊〉 of Popish Women too ; so did the Parliamentary rigor of those Times extend also to that Sex ; and the Dutchess suffer'd then the same severe Exile with the Duke , and as our Author says , was spoiled of all her Goods , yet 〈◊〉 rigorous as they show'd themselves in 〈◊〉 violent Votes against him and all that was his , his Hereditary right was so rooted in the Peoples Hearts , that it form'd for him an Army , fought for him at Northampton ; and brought both the Usurper and his Parliament to a Composition for the Crown . Thus much for the refuting of his little Reason , and his less Law upon the Case : And his Historical Inference that follows for its Justification , fails him as much too , for he tells us the Tale of Richard the Thirds letting the Children of his Brother Clarence live , because their Father was attained in Edward the Fourths time , and that it was the Resolution of his Parliament that his Issue was thereby disabl'd to Challenge the Crown . And truly the Case will admit of no better defence ; the badness of his cause can never be made good , but with such a Justification as is much worse . He verifies that Aphorism of the Tragedian , that to secure your self in your Villanies , you must commit more , and 't is the Politicks too of a Matchiavel as well as a Seneca , and this the practise now of our present Republican , who firstlays you down a Position perhaps truly Treasonable , and then is forc't to fly to the Resolution of Traytors for the defence of the Treason ; and proves that the Crowns Discent does not purge Attainder , because this Parliament of an absolute Usurper , rather a pack of Rebels then a convention of States , resolv'd it so . Could it be imagin'd that those that had Bastardiz'd the Blood of their late Soveraign for him already , would Boggle to Declare that of a Clarence , and but their Kings Brother corrupt ? would those that promoted the spilling of the Blood of the two Nephews , stick to Resolve that of the rest attainted ? the Malicious Impostor knows , that they were then treating with a Tyrant , that they themselves had advanc'd to the Throne ; and would he have had those demurred upon a point in Law , to have argued of his Crown again , which themselves knew against all the Laws of the Land they had plac't upon his head ? But this President if allow'd , would still to the present purpose be as Impertinent , as 't is Treasonable ; for the Question is what was Law since H. 7. time , and he Labours to Confute it with what was said some three years before ; and to Bassle the Resolution of all the Judges of the Kingdom ; with the Suffrages of the Parliament , that even of their own Laws have no right to Judge , much less by any Preceding determinations of their house to Bind all the Succeeding Judges of the Realm ; let him first prove a even Vsurper's Parliaments opinion Law , and then proceed to refute the resolutions of the Judges of a Lawful King. In short , nothing can be Law there but what is Enacted , if Clarence his Attainder did not take away the Discent , the resolution of the Judges since is certainly the more just ; if it did then , yet still their opinion never the less Justifiable now ; for the opinion of that Parliament neither was or could be made Law , for if they would have made it an Act it must have been done before Richard was in the Throne , and then void for want of Royal Assent , if after they had Crown'd their Usurper , then sure too late to be enacted , unless they would have made the Tyrant his own Judge : And himself to have Attainted the second Pair of Nephews , as well as he Butcher'd the First . But as fearless as ( he says ) the Monster was from the pretensions of the D. of Clarence his Children , whose Minority might well make the poor Infants not very formidable , yet he did not think the Duke himself so Barr'd with his Attainder , but that he might still have been a Bar against his Horrid Usurpation ; that truly sent the poor Prince to the Tower , and got the Brother of the Monstrous Assassin to be suffocated in the Malmsey Butt . The discent to Henry the 8 was both by Blood and Entail , and so beyond contradiction , and with their own concession Hereditary ; but where that objection to the Birth-right fails them , there to be sure some subsequent Act of that Kings Reign shall be sifted , and made to Countenance their suggested falsehoods , tho the Succession of the Prince himself contradicts it ; who had all the Consolidated Titles in him , that had been so long disputed , all that his Mothers Blood , and his Fathers Arms , and the Law could Invest him with , but because his Exorbitant proceedings , his Arbitrary power and predominancy which themselves condemn'd him for over Parliaments awd them into an altering the Succession as often as he was pleas'd to Change his bed or chop off a Wife , therefore must we conclude Parliaments to have a Power to do that by Right , which against all right perhaps they were compell'd to do ? why does he not prove it a president for Polygamy , and Murder ; because that furious Prince still sacrificed Women to his Lust , and Men to his Anger ? But yet allowing them such a Power of medling with the Succession , which certainly does not follow from their having some time Vsurp't it , or been put upon that Usurpation by their very Prince , for 't is against reason to make that a right , only because they can plead Prescription for doing a wrong ; but here those several alterations were all caus'd to be made for the securing of a Lineal , Legitimate and lawful Succesior to the Throne ; for as a Reverend Author says , the King Lamented that he should leave the Kingdom toa Woman whose Birth was questionable , and he willing to settle the Kingdom on his LAWFUL Issue ; and for this reason he got the 25th to pass , against his Daughter Mary . And the very Preamble of the Act tells us , that it was for the Surety of Title and Succession and Lawful Inheritance . Three years are scarce past till the 28 of his Reign repeals almost all that the 25 had Enacted , their Protestant Queen Elizabeth made as well as the Popish Mary , plain Bastard , and tho our prejudic'd Author may make the same matter right and wrong , as he stands affected , he must think this his powerful Parliament dealt a little hard with the latter , whose Mother was never divorc't but from her Life , and she pact off for a spurious Off-Spring , only upon the pretended suggestions of Anne Boleyn's unknown impediments , confess 't sine to Canterbury . But whatever they were , the Canons of the Church , tho born before Marriage , and since after the very Laws of the Land did make her Legitimate . But however , this greater piece of Injustice to this good Protestant Queen , ( which they 'l say , now proceeded from the Kings putting the Parliament upon too much Power , ) was palliated all along with the pretence of providing a Legitimate Lawful Successor , and so the clear Reverse and Contradiction of the proceedings of our late Patriots , to whose Privileges those sort of presidents were apply'd , for those Parliamentary Powers secluded but Bastards to make room for Heirs Lawful and Legitimate , with us an Issue truly Legitimate should have been EXCLUDED , for the setting up of a SPURIOUS ONE . But then at last comes the 35th of his Reign , and that like a Gunpowder Plot in the Cellars , blows up all the former foundations of the whole House ; both the two former Stat. for Disabling , Illegitimating , are null , voy'd , repeal'd , the LADY MARY , Sister Elizabeth , in those seven years , suffered my Lord Bacons transmutation of Bodys ; and were turned all into new matter ; and what was Spurious , Illegitimate , and in Capable , with the single Charm of be it enacted was become truly Lawful Lineal Heir of the Crown , and Capacitated to succeed in an HEREDITARY DISCENT ; and so far from Invading the Prerogative , so full of giving were the bountiful Parliaments of those times , that they Impower their too Powerful Prince to dispose of his Crown by Letters Pattents ; or an Arbitrary , Testamentary disposition , an Oblation I think his present Majesty might esteem too great to be accepted , who knows his Successor to be the Crown 's Heir , scarce his own , much less the PARLIAMENTS . Edward the Sixth upon his Fathers death succeeded , an Heir , Lineal , Legal , and Testamentary , yet the first thing this Author observes upon him is the greatest falsehood ; viz. That he took upon him a power what surely no King ever had , to dispose of his Crown by Will : When in the very Preceeding president his own Father by his Will manifested he had the Power , and left it him by his last . But his he 'll say was a Power given him by Parliament . But that is not so plain neither both from the Preamble , and the purport of both the dissonant Acts of 28 , and 35 for the designs of both were only for the settling the Succession , and then upon supposition of the failure of issue from those upon whom it was setled , they fairly leave it to his last Will or his Letters Pattents ; but supposing this Liberty had not been allow'd , can he imagin that a King that had got them to alter the succession at his pleasure in his Life time , would not upon the failure of the Limited Heirs have dispos'd of it by Will at his death , but that none but this Edward of our Kings took this power upon him is utterly false , from these several instances . First the very first King of his name , in the Saxon succession , left it so to his Son to succeed : And Athelstan , whom above this Gentleman recommended to the City of London for a Mon. and Illegitimate , against the sense , and silence of all Historians , was declar'd King by the Command , and last Will of his Father Edward the elder ; in the Reign of the Danes , Canutus did the same ; bequeath'd Norway to Swain his eldest , and England to his youngest Son ; and for the Norman Succession , the very first King , and who had the most right to do so from the Sword , left to Rufus the right but of an Heir Testamentary , tho followed by his Son Henry the first , And Richard that had less reason so to do , for his Daughter Maud by the Law of the Land would have been his Heir without the Legacy ; and so would to the latter his Nephew Arthur , and tho both were by Rebellion rejected , yet still sure their right remain'd . But for this Edward the 6th disposing it by Will , it was not only against the Customary Discent of the Realm in a right blood ; but of an Express Entail in several Acts of Parliaments . I am so far of this Authors opinion , that I believe it was no way warrantable , but never the sooner for his Parliaments settlement , had it not been at last upon the right Heirs ; for tho those Princes of ours heretofore took upon them to leave Successors by Will , they still nominated those that by Blood were to succeed without such a Nomination , so that the bequest was more matter of Form , then Adoption ; only to let the Subjects know whom they look't upon to have the right of Succession , rather than to superadd any thing of more right , and that 's the reason ( or ought to be ) that we properly call the next in Blood the Kings Successor , but the Crowns Heir . 'T is a little prodigious Paradox to me , that it must be such a receiv'd Maxim that a Parliament can do no wrong , and that in plain Terms they tell us it can do any thing ; mollifying it only with an Exception that they can't make a Man a Woman , yet that they bid pretty fair for too in these Presidents of Harry the 8th , when they made Bastard Females of those that were Legitimate and then Legitimis'd again the same Bastards ; and 't is as mighty a Miracle to men unprejudic'd , that our Parliament Patriots should contend for the disordering the Succession of the Crown , who still labour for the Lineal Discent of their own Common Inheritance , 〈◊〉 I will appeal to the breast of the most 〈◊〉 contender for this Power , whether an Act made for the disabling one of their own Sons , or design'd Successors , would not by themselves be look't on as 〈◊〉 if not utterly defeasible ; and then 〈◊〉 sure prodigiously strange where so many Learned Heads tell us of a sort of 〈◊〉 from a power Divine , where the 〈◊〉 Custom of the Kingdom has 〈◊〉 a constant course of Lineal Discent , 〈◊〉 , as has been shown , a perfect 〈◊〉 interven'd : And where themselves 〈◊〉 this sort of Succession has 〈◊〉 sometimes by Statute entail'd , yet 〈◊〉 they should think that but Justice 〈◊〉 their Kings Successor , which they 〈◊〉 resent as an Injury to their own : 〈◊〉 they may vouch for it , the common 〈◊〉 of Recoveries from a right Heir , with too Cunning sort of vouching , and 〈◊〉 too much practis'd ; but I am sure no way agrees with the Laws of Forraign Nations , and has been a little 〈◊〉 by some learned Heads in our own , 〈◊〉 some that have brought it into 〈◊〉 seem to have rais'd a Devil , not soon to be put down ; in their Dialogue but however this Objection is 〈◊〉 analagous , nothing of a Parallel 〈◊〉 for here is a Complication of both 〈◊〉 Concern'd , and concluded upon 〈◊〉 both their Consents , and where shall 〈◊〉 find the perfect Proprietor of 〈◊〉 and Scepters , and when God has told us 〈◊〉 that by him they Reign that bear 〈◊〉 and they 'l hardly vouch the 〈◊〉 for a piece of Injustice . But allowing for once a meer Human Constitution , 〈◊〉 in their bandied Authority of Saint 〈◊〉 , an Ordinance of Man , and the 〈◊〉 Consent with his Parliaments to 〈◊〉 the Point , yet still the great 〈◊〉 would call for a little longer 〈◊〉 than a Common Recovery , 〈◊〉 not presently to cut off the right of Heir to three Kingdoms , only 〈◊〉 commonly done at Westminster of 〈◊〉 to so many Cottages ; and besides , 〈◊〉 that has been practis'd so long , and 〈◊〉 the test of Time , and this their 〈◊〉 would have been the first President . And at last what has silenc'd their Advocates for ever , the non-concurrence of the King and his Lords , whose consent was by themselves suppos'd to be necessary because requir'd ; and will like those recognitions of some of our former Parliaments for an Hereditary Succession perpetuate that right , in spight of the Laws of others that were made for altering it , and should the Commons ever get such a Bill to pass ; 't is enough to say 't was once rejected by the Peers , unless they can prove that the Question was put again , Whether the lower House should take advice of the Lords in the Legislative power , and that 't was Resolved that the House of Peers was useless , dangerous , and ought to be abolish't , and Order'd that an Act be brought in for that purpose . Queen Mary succeeds her Brother Edward , with all the Right of Blood , with all the Law of God , and Man too on her side ; for whatever the Parliament pretended , they could never 〈◊〉 that which was begotten in Matrimony , celebrated according to the Laws of the Church and the Realm ; for whatsoever defect there was found subsequent to the Consummation of the Marriage in common reason and equity ought not to have extended to the making that Issue spurious , which had all the requisites to the making it truly Legitimate ; 〈◊〉 perhaps the subsequent discoveries 〈◊〉 be sufficient to cause a Divorce ; and in the too Common Case of Adultery , 't would be severe , far from Equity to make Bastards of all that were born before the Conviction of the Fact ; but it may be reply`d to this , That these were such Impediments as related to the Contract ab Juitio , and where that 's 〈◊〉 there the Children begotten after 〈◊〉 be suppos'd Lawful Heirs when the Contract it self is against Law ; but tho 〈◊〉 I shall look upon that as a rigorous resolution ; when I think Innocents and Infants ought to be more favour'd , especially when there is a Maxim in the Law even in the like Cases , that the fact may be valid tho the doing of it can't be justifi'd ; and besides there being a Rule that obtains amongst Civilians , That Marriage contracted without any preconceiv'd Impediment , tho it after 〈◊〉 to be dissolv'd as unlawful , yet 〈◊〉 begotten in such a state are reputed truly Legitimate ; and tho Appeals to 〈◊〉 were then Punishable with a Premunire , yet the Civil Law then obtain'd much more than it does now ; that Stat. being very young as well as the Reformation , and by the Laws of the Church long before it ; they were such Latitudinarians in this point , that the subsequent Marriage would Legitimate those that were born before the Contract , but that I confess was rejected here in 20 Harry the 3d's time , because contrary to the common Laws of the Realm which the Parliament resolutely declar'd they would not change . But what ever power they had of Nullifying this and making Mary spurious , 't is certain another , and latter Act made her as much Legitimate by making her Hereditary , insomuch that what ever Edward her Brother was prevail'd upon , a young Prince and a dying one , whose forward Understanding might be well disorder'd with an approaching Death , and an untimely end , and which might be easily prevail'd upon in such Circumstances , by the Cruel sollicitations of the defigning Northumberland , whose Son had but just Married Suffolk's Daughter the designed Queen ; yet 〈◊〉 then 〈◊〉 the truly Loyal Bishop and as true a ( Protestant , of which his 〈◊〉 to the right of the Crown was the best testimony , tho now 't is made but a preposterous Emphatical expression of that Religion to invade it ; ) that worthy Prelate tho he suffer'd in the Succeeding flames of a real Persecution , when demanded by these State Projectors his sense of the setting up of this Testamentary Queen , declar'd it was no way agreeable to Equity to disinherit the two Sisters , and that the Succession could not be Lawfully alter'd upon any pretence ; tho Religion then too , was the very thing pretended ; the Bishop of Hereford that was as good a Protestant observes upon the Suffolk men siding with Queen Mary , tho they knew she was for setting up of Popery , says that our English are in their respects to their Prince so Loyally Constant , that no regard , no pretext of Religion , can extenuate their Affections to their Prince and Lawful Soveraign . And he writ it in a Time when the most malitious can't object it was to flatter a suspected Successor , and when most of the Prelates themselves were so far from Rome , that there was scarce an Arminian . Upon the death of her Sister ; Doctor Health Arch-Bishop of Canterbury presently declar'd Queen Elizabeth's right to the Parliament then sitting , who did not put it to the Vote , as our Republican would insinuate they use to do , but however did as much as was usual ; acknowledg'd that she was right Lawful Inheritor ; and presently she was proclaimed in Westminster-hall ; and in the next vote they do declare moreover in full Assembly Lords and Commons , That this their Queen Elizabeth is their Lawful Soveraign , by the Laws of God , ( and so not only in relation to 35 H. 8. ) by the Statutes of the Realm , and the Blood-Royal ; and in this open and generous Recognition , they must Implicitly disclaim all power of Election , or give themselves the Lye , and so must our Impostor put upon them a falsehood , if here his Parliamentary Choice must pass for a Truth ; but where matter fails them before , and he can't prove his Election antecedent to the Monarchs right , then as in some other places and here at present he can make the Prince tho own'd Hereditary , by some subsequent Act of his own to make himself Elective , and for this he cites you the 13 of this Queen ; the purport of which is , to disable any one even after her Death to inherit the Crown , that shall pretend to it during her Life : But does not every one know that this was Enacted as all the fore-mention'd irregular Acts of her Father , with her own seeking and desire ? and the bringing this for a president for a Parliamentary Power , is just as pertinent as that of palliating the Treason of their late Covenant , with the Title and Pretence of an Association , made in her Time too with her own Consent , and for the same purpose that this Act was past , both being contriv'd in opposition to the pretences of the Queen of Scots ; and must the only thing that has Blacken'd her clear Integrity with Injustice , and Blemish't her Virgin Innocency with Blood , be brought upon the Stage for an Imitation to our State , and because the Grand-mother suffer'd with a Bill of EXCLVSION and an AXE , and the Father with the same Fate , must the Son too that has experienc'd exile , dangers , and all but death from this power of Parliament , Succeed only in their Misfortune , and his Blood be made Hereditary only in being Split ? All that he says of King James is but what makes against him , and what he might have said of all the rest , that they made a Recognition of his right upon his coming to the Crown , and truly such an one as must silenc'd all such 〈◊〉 ; for they acknowledg him , Lineal , Lawful , Liege Lord , by the Laws of God , and Man ; this may suffice for my sense of his History ; and all honest hearts will concur with my Sentiments , his subsequent observations are but the same with the Principles of his ASSOCIATES that follow , where I shall reflect upon them together as they are combin'd . And here only give him an omitted Instance , as pertinent as the Presidents he has propos'd , to bring down his Narrative to the Times . Charles the first ; notwithstanding his proximity of Blood , his possession of the Crown , and his pretended right from God , 〈◊〉 the Parliament imprison'd him , MVRDERED him , and put the Power in the People . And now what can any Rational Soul living infer , even from this Authors own Observations ; but that those Parliaments which he brings us here for Presidents both for disallowing the Discent of the Crown to purge the Defects of the Prince upon whom it descends ; as also those that concern'd themselves in altering the Lineal Discent it self ; are so far from warranting the same Practises and proceedings , that they stand upon Record , are Chronicl'd in History , register'd in their own Journals , declar'd by Special Acts , REBELS and TRAYTORS ; and then no wonder if the poor People are encourag'd to Rebel , when the very Presidents of TREASON , shall be publish't as a Parliamentary Practise ; the deluded filly Souls , don't so soon consider , that if every Seditious Senate's determination , shall decide too the Descent of the Crown , that this consequence which even themselves may blush to own , must as inevitably follow , that from the Vnion of the Seven under Egbert , to our present Soveraign the first Born Heir , to our Three Vnited Kingdoms ; there never was , or could ever be , a REBELLION , or ever one USURPER in the whole Catalogue of Kings . Henry of Bullingbrook , by this unreasonable sort of supposition , had as much right to the Crown , as that Unfortunate Richard from whom it was rent and torn ; Edward the Third but a Son ; Intitl'd to the wearing it , before his Father had done with it himself , and that Butcher of his Brothers Babes , and the Monster of Men , as Lawful a King as his Nephew that he Murder'd : That Arch-Rebel that of late mounted the Throne , Cromwel himself , as much right to sit there ; as a Charles the best of Monarchs they Martyr'd ; all these were by Parliament acknowledg'd for their Lawful Soveraigns , against the very Fundamental Laws of all the Land ; Laws that even with the Allowance of one their late most Laborious , most popular ( and pillor'd Advocate for this Power of Parliament , Pryn himself , ) have still plac't the Discent of the Crown in the right Heirs at Common Law ; and who himself Confesses that Acts of Parliament have translated it from them , to others who had no good Title ; and then certainly such a translation at best can be but bad , and Evidences that there is somewhat else requir'd besides their Power to the making of a King ; so powerful and prevalent are the Dictates of Truth and reason that they force their Confessions sometimes from the very Mouths of those that Labour to give them the Lye , drop from them unawares , and steal from their unadvised Lips. Lastly , 'T is most prodigiously Strange that such Seditious Sycophants as fawn upon this Parliamentary Power , for altering the Succession , and asserting of an absolute wrong ; yet are such unreasonable Souls as not to Consider the several Acts of the self-same Powers that have declar'd it unalterable , and maintain'd the Monarchs Vnquestionable right . Edward the 4th's first Parliament they themselves know declar'd those that came to the Crown by the Common Consent of the People to be but Vsurpers ; Kings only de Facto , which implys ' its contrary , to be just , and that some de jure must be Kings ; they know the first of James declares his Royal Office an Heritage Inherent in the very Blood of him , and also that all our Books of Law besides the Fundamental Constitution of the Land , do make the Regal Power Hereditary and not Elective , and such an Elected Usurpers Laws can no further oblige the Subject ; of England then they they 'l submit ; no more then the Czars of Muscovy , a pecuniary 〈◊〉 must be but a bare oppression ; and a Capital Punishment MURDER : But Will. Prynn , I Confess in another of his Treatises that he Printed , will have all such Acts made by Consent of Vsurping Kings , bind the right Heirs of the Crown that Reign by a just Title : That all such Acts oblige them is utterly false , for one of them is commonly for their Exclusion ; but that some are admitted to bind is as really True , but that is rather upon a Political account of their being serviceable to the Publick and the Country's Good. And is it not now an unaccountable boldness ; that the very same Cases of Usurpers upon the Crown , that this Indefatigable piece of Faction publish't against the Father they fought , and Murder'd ; should be retrieved against the Son whom the kind Heavens ev'n by Miracle so lately restor'd ? But at last allowing those palpable falsehoods they so much Labour for ; falsehoods so gross that they can be felt , to be matter of Fact , contradict the true sense of all Chronicle ; with a Seditious Supposition ; to be secur'd of Truth , give all the Laws of the Land the Lye ; raze Rolls and Records , the better to rise a Rebellion ; and grant the Kings of England have been all Elected , all almost from that Union of the Heptarchy in the Saxon ; to that of our three Kingdoms in the Scot , ( and sure no Soul living can conclude with them in a fairer Concession than in granting the very Postulate they require ) yet since they then in the End of K. James , tho but so lately had settled the Succession and made it Hereditary ; can with men of Common sense the Presidents of its having been formerly Elective , prevail for an utter Subversion of such a Settlement ? Popery was once in England by Law Establish't , and must it therefore again be Establish't by Law ? Certainly all succeeding Reformation , must null and abolish that from which they Reform ; and a Repealing Act will hardly be made Declaratory of the very Statute it Repeals ; if these be but their best Arguments , the same you see will reason us back into the very Religion of Rome ; we have seen several Rebellions , and some even of late to have lain the Land in Blood ; and can such sad Sufferance be made to Prescribe for our Misery , warrant some such as Bloody to succeed ; but since all this suppos'd suggestion , must vanish like to soft Air , since the Succession has been settled for so many several ages ; to rake every musty Record only for a sad Review of some Time of Confusion , is certainly but an Impious Industry to Confound the work of the very God of Order : We may as well be discontented at the Frame of his World he so well digested , and plead for Prescription the Primitive Chaos . CHAP. II. Remarks upon Plato Redivivus . THE best Animadversion that I can make on his whole first days Discourse , is , that it wants none ; that it's Impertinence has superseded reproof ; and the fulsome flattering Dialogue as unfit for a serious Answer , as a Farce for a Refutation out of a Sermon . The great acquaintance these pretending Platonicks would be thought to have with that Sect of Philosophers , did not oblige them to be so morosely reserv'd as to know none other ; and they may remember an Ephesian Sophy I believe as Learned too in his Politicks , that was never so much tickl'd , as when he saw the dull Animal mumbling of the cross-grain'd unpalatable Thistle ; the disputing against the Laws of the Land , and the Light of Reason , they 'l find as uneasie , as absurd ; and the latter as Impious and Profane , and which deserves to be assimulated to a more serious sort of Obstinacy , that of so many Sauls kicking against the Pricks ; but the Pleasant and Ridicnlous Disputants put in for another pretty Quality of that insensible Brute , the length of their sordid and stupid Flattery outdoes their Original Beast , and the sad Sophister would force one Smile more , to see three of the same sort of Creatures for a whole day clawing one another . Certainly whatever they fancy the Dialogues of Plato , whatever the Favourers of his Principles can suggest , surely they were never fill'd with such Fustian : But that good old Philosopher did as plainly cloath his Disputes as well as himself in an honest homely Drugget of Athens : Tho I confess they tell us of his rich Bed , and his affectation of State , which a Soul so sublime could not but Contemn ; while these Sectaries are such refin'd Academicks , so much polisn't with Travel and the breeding of the Times , That all the Fops of France , the Dons of Spain , his Adulano of Italy , seem melted down into one Mass of Impertinence ; they can't pass by the thin Apartments of a Page without a Congee Bon-Grace , and a formal Salutation upon one anothers Excellencies , the Doctor claws the Patient with his Lenitives , Frications , Emollients of Praise and Adulation , and the Patient ( who in the literal sence must be said to suffer with such a Doctor , ( if not in Body Natural , I am sure in the Politick ) as in Cordial Affection and Common Civility he is obliged ; returns him the reputation of his Book De Corde ; for the tickling the very Auricula's of his Heart ; ( for Praise must certainly be Pleasant for an AEsculapius that sets up for a Matchiavel ; ) confutes Solomon and the Bible , as he says , for saying , the Heart is unsearchable , tho but an Ordinary Divine without the Criticks , Tremellius , or a Munster would say , that in the Text there is nothing meant but the mind : But Cor hominis must not be Inscrutabile now , only because the Doctor has handl'd its fibres ; and thus this Triumvirate of Fulsomness and Faction , treat one another with their Fustian and Foppery through the whole piece ; I seldom care to lard our English with the least scrap of Latin ; but because 't is the property of such pedantick Scriblers , who still most affectwhat is most ridiculous , Foppery and Folly , I 'll only give them an Argument out of the Mathematicks fora Demonstration . of their agreeable Faction and Foolishness ; and for his Cor hominis as it relates to this Doctors Pharmaceutria , let him take one of Euclid's Postulates that has a greater reference to their mighty Three : In English thus , and if they will have Lattin 'tis in the Margin : Those that agree in one Third , must needs agree among themselves . The Venetian Claws the Doctor , the Dr. our English man ; and he the Doctor and Venetian , one of them must be somewhat of the Ass among them ; and then 't is Demonstrable they have a great share in it all , and because the great Galen of the Times , is so bold with his Catharticks as to set up for his Purging of the Court of Chancery ; tho I am no Practiser in it , yet I shall take the pains to defend it against the Doctor in its due place ; and since the Mountebank for the Body Natural is here all along made an Empirick for the Diseases of the POLITICK ; and from his Colledg brought to the Coffee-House , to talk only of the Marasmus of State , I 'll give him my sence tho no States-man of this whole Work , in his own Phraseology : The Piece seems to me like a sort of Preparation among the Doctors ; a meer Amalgama ; the Chymical Operator understands it better than many a Politician the Marasmus ; 't is a Composition of meer Quick-silver , and Lead , tho this Political Spagyrist , perhaps will call it Saturn and Mercury , here this Author with the help of the Fire of his hot Brain , has incorporated his volatile thoughts and his dull ones together , gay Compliments and Air , Faction , and Hell in a lump : And tho this homely Physician won't allow himself to have been abroad , tho the courteous Venetian contended for his breeding in Padua , yet the frequency of Murders here too , would make a Body mistrust it ; and however their Human Bodys escape , such Principles I am sure have Poyson'd some of their Souls ; and thus I have plac'd my Pleasant Observation , upon their Ridiculous Stuff together , that I might only reflect hereafter on what they would have thought serious , and I shall worth a Reflection without the Mixture of Mirth : Their mingl'd Foppery must otherwise provoke a little Laughter as well as their Principles of Sedition incense ; and I cannot Trim my Passions so well , as to keep them in a pure 〈◊〉 of Mirth and Anger . If any affected to the Cause , or disaffected , thinks his Introduction deserv's a more serious Reply ; let him take the pains to give 〈◊〉 a more solid Elaborate Confutation . In the Second day they wisely agreed not to play the Fool ; and 〈◊〉 well they 〈◊〉 upon 't for the sake of their Senses , and the first Observation of the Venetian is as long as his Noble gown , down to the very heels of two Pages , but for brevity you shall have it in as many words . Why that our English Nation signifies so little abroad , yet makes such a great sight at home ; our Author having been so much Conversant with Dons and French can't forbear falling to his Formality agen , and after a soft sort of Compliment to the Courteous Stranger and the Government , thus Thunders out his Negative Reason : Evil Counsellors , Pensioner Parliament , Thorough pac'd Judges , Flattering Divines , designing Papists , French Councils . So I have seen at another sort of Cabal where such Disputants use to assemble for Edification , and Doctrine , not Dialogue and Dispute ; the Jack-Pudding of their Pulpit has seem'd to whisper his God Almighty in the Ear as a common Zany does his Mountebank for Instruction ; and then raves out to the list'ning and Attentive Rabble , his Choledochons , Phlegmagogons , Balms of Gilead , Conscience Salve , Curse ye Meroz , Sword of Gideon ; and for this Enthusiasm too those Harleqins of their Assemblies the Burlesques of the Bible ; shall Blaspheme with the very Book , and vouch the Almighties coming to them in a still voice , and sometimes in a rushing wind , and the Devil of Sedition shall be countenanced with the word of God ; I should hardly pardon my self the Liberty of sullying the sacred Text with so much as the repetition of such a Simile , did not I know the Zealots themselves had vouch't it for a Iustification of their sudden Raptures and Inspiration ; and for this Preacher of the Politicks , tho I never saw him in his Geer and Gestures , I am sure he makes just such another Figure in his Speech , on a sudden 't is all Aposeiopesis soft and fair , and assoon all in Exclamation 〈◊〉 Ecphone , and these heats and lucid Interval's of raving , run through his whole Work. But first for his Forreigner , with his Observation , is it a Mathematical Postulate that our Nation is so despicable with our Neighbour's , that it must be granted assoon as ask't ? or has he rather beg'd the Question ; or can the Noble Student from his Geometry , measure the same and reputation of the Kingdoms of the Earth ; but whatever his skill be in the Doctrine of Triangles , I am sure he is much out here in his Measures , and whatever reputation England has at Venice , or a compleat Monarchy with a mixt Republick , I am sure with better Governments it has as much esteem ; and when ever it loses any , it must proceed from the Scandals and Infectious breath of such Authors and Seditious Vipers , that wound the Reputation as well as the Bowels of their Dam. But that matter of Fact may contradict what Malice does but suggest ; near the very same Time this most Impudent Observation was made , did they propose to our present Prince the League of Guaranty , and desire HIS entrance before that of the Empire : But I can tell him what once brought a Scandal indeed upon the Nation , made it a reproach to it's Neighbours ; in a thing of the like Nature , not to mention the Murder of their King , for that supersedes all hopes of regaining it's former Esteem , for did not the Proceedings of that Rebel Parliament , make us a by-word to the Heathen , and a Scandal even to the revolted Holland ? did not the very Turks bless themselves at the Villany , and the Dutch since in Derision cut off the Tails of their Currs , to let us know we made less of a Kings head , than a Dogs Neck ? But this we mean to apply related to it's reputation upon a League too ; this was a Scandal also brought upon it by a Parliament ; this was the effect of unjustly altering the Succession . And this was in the Time of Henry the 8 , when the Princes of the Empire would have made him Head of the Protestant League , but upon hearing of his Extravagant Parliamentary Proceedings , of their repudiating what Wives he pleas'd ; and allowing a more cruel Divorce of a Pious Protestant Queen from her Life as well as his Bed , and severing her Head from her Shoulders , as well as the Crown ; when they saw the Senate of England so Inconsistent with themselves as to Legitimate Bastards , and then make Bastards of those they thought Legitimate : Then began our Nations Reputation to be low with our Neighbours ? Then began our Parliament's to be look't upon as insignificant , and the Supream Power of our 〈◊〉 Assembly , to Forreign Councils seem inconsistent , and their mighty Credit so mean that they could not be trusted ; and thereupon all the Leaguer's 〈◊〉 rejected Henry whom they had preposed for their Head. And well might they distrust the Councils of such a State , that while they pretended the Reformation of Religion could chop off the Head of the most zealous Reformer , and as Baker calls her one of the first Countenancers of the Gospel ; make her Issue spurious , that was like to and afterwards did prove the most Protestant Princess , and all this but to please a Lididinous King that could make her suffer for his constant Crime , Inconstancy , when that too was so little prov'd and her Innocency so much ; whatever prospect these pretenders of Reformation gave to the Princes of the Empire that they should think of making the head of this dissembling Parliament that of their League too ; I am sure they must all of them as Oates did when he took the Mass , the Sacrament for his Religion , only pretend it ; and tho they made the World and Forreign Princes think well of their affections to Reform , tho they had excluded the Pope , still they and their King could remain Papist's ; and a Reverend Author that has had the thanks of the House , says that a Parliament was Summon'd that was resolv'd to destroy her ; so that we see a Parliament could then contrive to make our Nation signifie so little abroad , and that our present King without one , signifies so much , that he stands the sole Arbitrator of War , and Peace , and Europe only debar'd of the benefits of it , by the very Faction ; that upbraids the Government with its being disesteem'd , and this Noble Traveller , not only taken the Liberty to Lye with Fame , but given Fame it self the Lye. After he has Thunder'd out his Anathema's against the State in the Jargon I recited above , of Evil Councellors , Pensioner Parliament , thorough pac'd Judges , which still the most malitious Soul can't allow to be the true Reasons of our Maladies and Distempers : But however the State Negromancer , with his Rosacrucian the Doctor , knew these terrible Names with the Populace are swallow'd like his Pills without chawing , and which they understand no more than his Catharticks with which they are compos'd with that unhappy effect too ; that they can no more discern the bitter cheat , when these Prepossessions are got into the Guts of the Brain , then that of the drug when in those of the Belly ; but like Persons absolutely possess'd rave and rail only with the same words that are dictated by their Devil , yet , after all this , and having Libel'd Courtiers that contrary to the true meaning of the Law , as well in this Kings time as in that of the Late , they have got Parliaments Dissolv'd , Proroug'd , for the keeping of the Governments Life and Soul together ; after all these Seditious suggestions still he defines but Negatively , that none of these are the Causes , but the effects of some Primary Cause that disturbs it ; but I am afraid this Primary Cause , to him is yet an occult one , unless the Discovery of our late Plots , has so far illuminated his Understanding , as to disclose it , or he consulted his Doctor , for his Diagnosticks ; and got him to make a better Crisis and Judgment of the distemper of the State. But for those Acts by which he thinks his Majesty is oblig'd to call a Parliament , for the Triennial one , I think runs with a Clause and a Proviso that it may be oftner call'd and within the Term if occasion be ; and pray who shall be Judg of that occasion ; the King who calls them , or the People who would be call'd ; and what if it be Judg'd an occasion , not to call them at all ? the Preservation of the Prerogative may as well exclude the force of this , as some new Emergencies , which themselves plead for upon a necessity ; and for the Common-wealth and Peoples Benefit and Advantage can Invalidate others ; but for that obligation , and Law for the Parliaments sitting in the late Kings time , that which he would truly have reinforc'd , is their being perpetual again and not to be dissolv'd ; but for that I think he need not perswade the Courtiers to Address or be so bold to Petition himself , unless he would tell his Majesty they must again have the Militia ; they must fight once more against his Person for the sake of his Authority , and sit taking of Covenants , and Associations , till they have taken off their King. But after our English-man has been so tedious in his Impertinence , so Fulsom in his Complement , that the Venetian is forc't to condemn his troublesome Civility ( that is ) our Author begins to be asham'd of himself : Why then we come to know , that before this great Secret that occasions our Disquiet , can be disclosed before we can come to know the Distemper , that disturbs our own . We must Discourse of Government in general ; and for the Original of it , the Gentleman is resolv'd to doubt : And why ? Because this Government must be Antecedent to such Authors as could give us an account of it , and the matter of History , as I suppose he must mean , did occur long before they could get Historians to transmit it to Posterity : as for particular Governments , he is forc't to allow the Knowledg of their Originals to be possibly transmitted , and truly , that he might well in Civility consent to , what in Modesty he could not contradict , and Rome and Athens will be found what they were in their Primitive State , so long as we can find Authors that can tell us of a Romulus a Theseus for their Founder . But when the Gentleman is so cruel to himself as to keep close to the Text , that there is no Origen of Original Primitive Government known ( for in truth , these last mention'd might be Modern , and I believe that Rome and Athens were never heard of , when Sodom and Gomorrah were burnt with Brimstone , ) then he is forc't to give himself the Lye , and the word of Truth it self , God and the Bible ; and that he does in excepting Moses from the number of those that had the Help , and Information of any Constitution Antecedent ; as the Founders of the foremention'd Monarchies that were Establisht so long after , might well be supposed to have had for their Instruction ; and yet does that sacred Penman inspired by God himself , almost Coaeval with the World , give us a clear account of all Original Government , from the time that there was a Man to Rule , or a Beast to be governed ; and that too of an absolute Monarchical Empire : So that all what the sublime Speculations , of this refin'd Politician can cavil at , is only , that we can't give him an account what was done before Adam , what truly was the Constitutions of their Government , and whether the Prae-Adamites liv'd like our English-men under a true Monarch , or like the Venetian Republick , under an insignificant Duke : For this certainly must be the Consequence of his Inconsiderate Assertion , that Original Government is unknown , at the same time that he excepts Moses from the Number of those that Establisht a Particular one ; which by the Consequence of his own Concession must be the first General and Original , unless he allow another before it , dis-believe the very Bible , and give his God the Lye : But he is not the first Author that has fancyed Prae-Adamites , and writ about them too : Besides his Brother Heathen the Stagyrite , as great a Philosopher as his Plato , tho not so Dogmatical , makes it more than an Hypothesis , one of his Principles that our World was Eternal ; and then indeed we shall be puzzled for this Original of Government in General , for lack of a Creation ; when the Bible shall be baffled , and Books of Moses at a loss . But I wonder since he allows that Primitive Penman , to be one inspired by God ; and excepts him too from the Number of those that have transmitted an account of the Original of particular Governments , which must imply that he did of that which was General , and so contradict his first Position , ( That we wanted such a Tradition ; ) that yet all the while he won't take notice what is the account he gives , and what 's the first , this Moses mention'd , without doubt he knew the very Consideration of it would confute him , and that he would be confounded by the very First Chapter of 〈◊〉 : And therefore he presently takes it for granted that Politicians 〈◊〉 , ( tho none but such as himself ) that nothing but Necessity made the first Government : But then , what does he think of the Dominion that the Almighty gave in express Words to his created Man ? was it only to extend to the Beast of the Field , and Fowls of the Air , and every Living thing that then moved upon the Face of the Earth ? or ought it not in Reason be applyed to those Beings too that should be hereafter the product of those Beasts , and that of his own Loyns ; but even God himself confirm'd the Donation of this power afterward , to make it more sure , made him Ruler In an 〈◊〉 Subjection over his Wife Eve , and afterward subjected Abel in a subordinate one to his Brother Cain . 'T is strange and prodigious to me , that Men professing Christianity , Protestants even to a fault , in being fill'd with Fury instead of a sober Zeal , yet should so warmly contend for the Doctrines of profest Atheists , and pursue with heat the Principles of avow'd Papists . Does not Mr. Hobbs teach us our Original State ? was that of War ? and this Political Atheist tells us as much , that Man was first born like a Beast , 〈◊〉 to prey upon one another ; does not Bellarmin declare by Nature all Men were equal , and this Pseudo-Protestant informs us , Every Man has a Right to every thing . What can this Harmony mean with the profest Foes to all Religion , and avow'd Enemies of our own ; but that these Sycophants dissemble with their very God , when they declare for his Worship , and would close with the Devil for its Extirpation ? 'T is plain , they do with the Positions of the rankest Jesuites , and the Fiends in Hell can't be made more black than themselves do commonly paint that Society , whom I am afraid , as the Indians do their Gods , they only make the more ugly for Adoration : In the next place , all Paternal Right must be laid aside ; that 's a thing so ridiculous as not to be mention'd : But I hope 't is only so because inconsistent with his Principles , when we have so many Texts of Scripture for its Confirmation ; and Aristotle that learn'd Heathen , tho a Native born even in a Republick , places that Original of all Despotical power in the heads of Families , and I can't 〈◊〉 where a man that has a Power to 〈◊〉 it over some few , has not a share of Sovereignty too , as well as he that has an Empire over many more : The Government of those Families , and the setting their Father a Ruler over them in their several Tribes , was really from God , as appears plain enough from the Old-Testament ; and that without doubt made Paul to make this of a larger extent and Interpretation in the new , when he tells us expressly that all Powers are ordain'd by God , and there are none but what are from him : But they 'll say this may be applyed to any Democracie which is a Power too : But then it may be as boldly replyed , That they are not of his Ordination ; for we have the Authority for the sole Sovereignty of every Father of a Family , from the very first Original of the World , and that of their Popular Supremacie , never commenced , but by some Division in a Tribe or Family , and even then they made some Head in that Division , which was no more than what we now call Rebellion and Vsurpation . The first Original of Monarchy , he resolves into the Corruption of the Times , which the preposterous Statesmen ought rather to have made the product of their Purity , at least of their desire to be bettered and purg'd , for allowing what he says , some better Government ( tho the greatest Opposers of the Divine Right , grant that of a King to be the best ) might degenerate , upon the disorder of Times and Debauchery of Manners , into Monarchy , ( which the resolute Republican is resolv'd shall be the worst ; ) yet still his own very Argument shall contradict his reasoning ; and in spight of his Villanous Principles prove it the best : For if manners be deprav'd under another Form of Government , and that the People grow so careless as to neglect the Constitution and Frame of it , as not worth the keeping , and so uneasie under it as to admit any Usurpation and Intrusion of a sole single Soveraignty ; certainly they must have a very bad Esteem of their preceding Government to suffer it to be utterly abolish't , and somewhat at least of a good opinion of that new Soveraignty in a single Person , so easily to admit 〈◊〉 ; for the depravity of Mens manners can never arise to such an Acme of transcendent Wickedness , as only for mischief sake to undermine a Government they think the best , and for an Instance , their own Malitious Accusations as common as they are False , fly in the very Face of this Conjecture ; for they make now the most Debauch't Atheists at present , the greatest Sticklers , for our Government . Now if the Depravity of their manners would make them neglect the Monarchy they love , I am sure we have such a Number of true Profligate Villains on their side that as Mortally hate it , that we should soon have it undermin'd : 'T is a strange Paradox that a Republick which was always the result of a Rebellion , and which is restless till it return to that Government from which it revolted ; should be lookt upon by these prejudic'd , preposterous Politicians , for a piece of 〈◊〉 , which can proceed from nothing else , but from the Turbulent Hunjour , and discontents of some restless Spirits , that dislike the Constitution of that under which they were Born ; and would that of any to which they are Subjected , yet still can Fancy that Monarchy which they will have Establish't by the common Consent of the People , to proceed from a Corruption of their Manners ; when this their Peoples Consent , and Unanimous Agreement for it , should determine him at least to think it eligible for the best : And if the People that in a defection from a Government ( who must be supposs'd the least Number , ) shall be allow'd to reform for the better by running into a Republick ; as I know he thinks of the Rebellious Dutch ; yet why should not even there the Universal Consent of almost all the King of Spains Subjects in retaining of their Monarchy make it preferable ; much Over-ballance the Scales , against the revolt of an handful of Rebels ? unless he Fancies the Nevills , the Sydneys , the Harringtons , &c. the Wisest and the most Honest part of the World. And that they are always among such Renegadoes . And can in Reason three or four petty Common-wealths , most of them in Europe too , and such as by the Machinations of some of these sort of 〈◊〉 Contents , and by the Poison of their Principles , were Debauch't in their Loyalty , and animated to Rebel ; be so prevalent an Argument as to perswade Men in their Wits , that the Monarchy's in which almost all our Christian World Conspires , and all the Heathen agrees as far as it is known ; and which Government we have still found even in those unknown parts as far , and as fast as they have been Discover'd ; that this all the while must be the worse Frame , only from it's being by so few rejected , and so generally receiv'd ? But to Convince any reasonable Soul unprejudic'd , that these Democratical Devil 's wont stick to give their God the Lye , and set themselves a Contradiction to all History and Truth , this Daemon of Plato ( as an Ingenious Author and Answerer of his Diabolical Principles has Naturally nam'd him ; ) let him but consider this 〈◊〉 Falsehood of his Factious Heart , tho that I believe fails him too , in asserting this Impudent Paradox : That Moses , Theseus , Romulus , were the Founders of Democracies , when for the First his own God , if he believe any , and against whom he Rebels too if he do , had appointed him the Supream Ruler , and also a Judge , to lead them in their Decampments , and give them their Laws in the Camp , against whose absolute Monarchy he can object nothing but that they did not call him King , and yet even that is done too by those Primitive Rebels in the Rebellion of Corah ; when they Expostulate with him for making himself altogether a Prince over them ; that is , what our Modern ones call Arbitrary , Absolute ; but even that is literally said , and Moses was King in Jesurun . And will our Murmurers at the Lords Anointed never be Convinc'd till they are Confounded with the same Fate , till Fire come again from Heaven , or they go quick down into Hell ? The Survivors of those discontented Mutineers upbraiding Moses for destroying of that Rebellious Brood , whom God only in his Judgments had destroy'd , the Almighty would have Consum'd them too in a moment ; neither was his Anger stay'd till Fourteen Thousand fell in a Plague , our Land has Labour'd under all these Judgments ; but because the Almighty's resentments of our Rebellious Practices ; are not declar'd to us as of old , out of a Cloud , and he does not reveal himself now to his Vice-gerent , as then to his Servant Moses ; and the Glory of the Lord discends not in a visable Brightness upon our Tabernacle , Must we therefore be so vainly blind as to think they were not sent us for those Sins that have most deserv'd them , our Conspiring against our Rulers ; especially when the manner of our Punishments has been so Remarkably the same with their sufferings , as well as our transcrib'd Villanies the very Copy of their Crimes ? For that of Theseus we have the good Authority of an Authentick Historian that writ his Life , who tells us when he first went to reduce them to one City , and the Government of ONE ; the Common Ordinary people were well enough pleas'd with his Proposal : And to those that were Powerful and Great , he told them his Government should not be altogether Regal , ( which in their Greek , was Tyrannical , ) if they would allow him for their King ; this prevail'd he says upon them too , either out of Fear of his Force , or the Power of his Perswasions ; now can such a False and Factious Imposture , can such a Wretch Insinuate well his being no King , that calls himself so ; and only because he Consulted their Opinions in Weighty Affairs make it a Democracy ? then we need not contend here for a Republick , our King still Consulting his great Council in Arduis Regni . And for Romulus his founding his Rome a Democracy , so far from truth that I defie him to show the least shadow from any Colour of History for such a piece of Imposture ; Florus in the very First line of his Prologue calls him King Romulus , and in the same tells us Rome in it's first Age and Infancy , for about two hundred and fifty years , was Govern'd by Kings : Tacitus too in his very first , Remarkable too for an unintended verse , tells us , that in the beginning 't was Kings had the Government of the City of Rome ; and afterward tells us this very Romulus Govern'd them Arbitrarily and at his will , Sext. Aur. vict . says he was the first King of the Romans , that he lead them forth against the Sabines ; that he sought , and that he made a League , which none I think but Kings by themselves can do ; so that should it be allow'd , what is contrary to some of the very Express Words of our formention'd Historians , that Romulus was not an absolute Prince ; yet still here is still matter , and Evidence enough to make him a Monarch , and the Government of Rome Monarchical : which surely Contradicts his extravagant Assertion , That it was a Democracy ; unless he can reconcile the Contradiction of , Sole Soveraignty with the Government of a numerous Senate . Another of his pretty Paradoxes is , that all Empire is founded in Dominion and Property ; and that must be understood too of a Propriety in Lands ; so that where a Prince has not a foot of Land , he can't have twelve Inches of Power , a Position that would confine some Princes Authorities in the Dimension of a Span ; notwithstanding Kings are said to have such long Arms ; but pray let this positive Politician tell me , How it comes to pass that the Property of an owners Land is so inconsistent with the Prerogative of a Prince over those very Lands that he owns , or why those that have the greatest Interest in this his property must presently have the greatest Portion too of Power and Property , in the Government ; that is ( only to contract his Absurdity ) why the Peasant that has two Acres of Land , and the Prince that has but one , should not presently be prefer'd to be the Prince , and the Prince Condescend to be the Peasant ? The Question might be soon answer'd with another Quere , Why this King cannot be as well Born an Heir to the Crown , as his Countryman to the Cottage , tho the latter commonly has Land about it when perhaps a Crown may have none ; For certainly according to his Position , a King must have but an Insignificant Power , that has not a Foot of Crown-lands , and then to have it to any purpose , to extend his Empire over all his Subjects , the Hereditary Lands of the Crown ; must by his own Rule necessarily make up more Acres then all the Kingdom besides ; and as he observes , that within this 200 years the Estates of our greatest Nobility by the Luxury of their Prodigal Ancestors being got into the hands of Mechanicks or meaner Gentry , by his own Platonick Dogma these Plebeians must have the Power and Authority of our Nobles ; that is a Rich Commoner must presently run up into the House of Lords , and a Lord perhaps less wealthy descen'd into their lower-House , for they must allow their Lyes more power in our House of Peers , they being a Court of Judicature , which the other can't 〈◊〉 too . The Disorders , Confusions , and Revolutions of Government , 〈◊〉 would ensue from the placing this Empire , and Power , only in Dominion and Property ; which according to his own extravagant Position , I think may be better render'd Demesn , would be altogether as Great , as those absur'd Consequences of this Foolish Maxim are truly ridiculous ; for we must necessarily have new Governours as often as a new Demesn could be acquir'd ; for meaner Persons must have greater share too in Publick Administration's , assoon as they grow mightier in possessions : But besides this simple suggestion as full of Folly as it is , carries in it's self as much Faction too , it is but another Invention of setting our Parliament again , above our King , and the making him according to their old Latin Aphorism , Greater than a single Representative ; and less than all the Body Collective ; for he thinks it may be possible the King may have a greater portion of Land than any single Subject , but I am sure it can never be that he should have more than all ; but this Sir Polilick 〈◊〉 , has wander'd so much in the wide World , that his Wits are a straggling too ; so full of Forreign Governments that he has forgot the 〈◊〉 of his own . Is it not a receiv'd Maxim in our Law , that there is no Lands in England , but what is held mediately , or immediately from the King , that are in the hands of Subjects ? does not himself know we have nothing of an Allodium here , as some Contend they have in Normandy and France ? tho they too are by some of our best Civilians contradicted ; and as great many Eminent Lawyers of their own tell us that the Feudatory Laws do obtain , and are in force through all the Provinces of France too ; so that their Lands are there held also still of some superiour Lords ; and he knows that our greatest Estate here in Fee , is not properly free , but held mediately or immediately of the King or Donor to whom it may revert ; and 't is our King alone as our Laws still acknowlege that has his Demesn his Dominion free and holds ofnone but God ; and our Lord Cook tells us , whom this Gentleman may Credit , as having in some things been no great Friend to the Monarchy as well as himself ; yet that Eminent Oracle tells us that no Subject here has a direct Dominion , properly , but only a profitable one , ( not much better perhaps than the Civilians usufructuaries , ) and what becomes now of this Gentlemans & the peoples Power , & Empire , founded in Dominion and Demesne ? must the King have the less Power over his Tenants , only because they hold the more , and can't he have a right of Soveraignty over the Persons and Estates of his Subjects without Injuring them or their property ? or must his Subjects , according to this unheard of Paradox , as this their Property grows greater , encroach the further upon his Power and Praerogative ? none but our Elect Saints must shortly set up for our Governours , and I know this Factious States-man can't but favour his Friends Anabaptists and Quakers , his absurrd Politicks here Extraordinarily suit with some of their mad extravagant Principles , he lets them know , Empire is founded in Dominion ; and they thank him , kind Souls , and tell him Dominion is founded in Grace . Two or Three whole Leaves the Copious Author has alotted for the service of the Church and Glergy ; and there we find the Devil of a Re-publick has so possest the Politician ; that he openly declares against God and Religion , and his Atheistical Paracelsus that confirms his Brother Brown's Aphorism , to be none of his Vulgar Error ; that 't is thought their Profession to be so ; I mean the Doctor in his Dialogue , interrogates his Matchiavel what he thinks of our Clergy , why truly 't is answer'd : He could wish that there never had been any , the Christian Religion would have done much better without . He presumes much it seems upon his own Divinity , but if that be no sounder then his Politicks either of them is enough to send him to the Devil ; and on he goes , in a tedious railing against the Frauds and Rogueries of our Church when t was Romish , all impertinently apply'd to the present , that is now so much reform'd . But would not the most refractory Jew , take this Snarling Cur , for a Mungrel Christian , that libels that only Church that maintains the Gospel in it's greatest purity ; and as a wise Prince well observ'd the most reform'd in the whole Christian World. And 't is 〈◊〉 wonder now , that such irreligious Impostors , who have so little veneration for the Church , should broach such pernicious Doctrines against our State ; to which , after so long and preliminary Impertinence that half the piece is made a Preface , the Courteous Traveller is at last arriv'd . And first he begins with their old Factious assertion that the Soveraign power of England is in King , Lords , and Commons , making his Majesty but one of their three States : we all know when this pernicious principle was first set a foot , what it terminated in , BLOOD , and that in the Destruction of the best of Governments , with the best of Kings ; we quickly saw , when once they had made their Prince Co-ordinate , they soon set up their own Supremacy , and then assoon made him none at all . Did this prophetick Daemon foresee from his Astrological Judgments , that his House of Commons were drawing another Scheam of Rebellion , and that they had prepar'd a draught of a second Covenant not only for making our King Co-ordinate but Leveling the Monarchy with the Ground ; yet'twas convincing enough to me before that the broaching of the very same principles , did as really design the same subversion of the State ; this Plot might as well have been seen in 80. when this Author and as great Incendiaries appear'd in publick , and so popular ; and well might a late House of Commons animadvert on our Judges for suppressing such Seditious Libels , which were so Zealously kind , and impudently bold , as to set up their Supremacy , it had been ingratitude not to stand by those Villains that for their sakes had forfeited their Necks . This very same Principle of the Subjects Soveraignty was Printed , and publish't in 43. preparatory for the Covenant , which the Commons had then call'd for out of Scotland ; and up rises this Ghost again in 81. as if even then it had heard , ( for Spirits are very Intelligent ) of an Association talk't off in Parliament ; but I 'll tell him in short why the Soveraign Power of England , is not in King , Lords , and Commons ; because King , Lords , and Commons are not all Soveraigns , may not our Monarchy be call'd Mixt in Opposition to its being Absolute , and Tyrannical ; without making it a meer Hotch-potch , that if our King will have any thing of his right of a Soveraign power , he must put it in Medley with that of his Subject , as our Sisters are oblig'd in Co-parcenary : But tho he take his Treasonable Maxim , for Reason , and Truth , without shewing the least Law or Reason , I shall shew him from all of them , that it is both Irrational , Illegal , and a Lye. First , 'T is against Reason to Imagin there can be three such Powers Co-ordinate to make up one Soveraignty ; and that our King can at the same time pass for a Monarch , for Soveraignty is inseparable from a King , and that 's the Reason without doubt we promiscuously call him our King , or Soveraign ; and if our Lords and Commons will assume it , they may ee'n take the Crown too ; we saw how the participation of a Soveraign power , tho it was but in a shadow , and that by him that had a better pretence for the Soveraignty then all the Common Subjects can have , by being the Crowns Heir , was like to have unhinged the very Monarchy it self in the Reign of Henry the Second ; and rais'd such Commotions in the State till it was almost overturn'd : And I am sure we have found , and felt , that this Co-ordinacy of their three States , terminated at last like the participation of that Co-parcenary Prince , into an insolent demanding of the whole , and what they had made but half the Kings , they soon made all the People's ; until the Government was quite run of the hooks , and the Nation engaged in an unhappy War , and a down-right Rebellion . Does not the very Etymon of Monarchy it self express the sole Soveraignty of that Government they would make so preposterously Mixt , and even Archon alone , which was the next Titular Appellation , the Loyal Athenians gave to the Son and Successor of their Matchless Codrus ; only because they thought that no Succeeding Prince could deserve the Title of Tyrannus ; which they made to terminate with him , only because they presum'd his goodness 〈◊〉 imitation . Tyrant then was not apply'd , as some of our Inveterate Traytors have done it since , in it's Corrupted sense , ( tho to the most merciful King , ) for a Tarquin or Caligula ; yet even this word Archon without addition of Sole that Moròs that has since succeeded to make it Monarch , was then an Absolute Government of one amongst the Athenians , and continued so in the same Family for a long Season ; till at last by popular encroachments it was made Annual , and this Contender for this Co-ordinate power of the People , has expos'd his Damnable designs so plainly to his Disputants , that his own Conscience and Soul up-brai'd him for the Villany , and makes his Venetian interrupt him for making an English Monarch , but a Duke of Venice ; tho the Doctor , the Pontaeus of the people , that sucks up all the Poyson of Rebellion , like that of Toads , only for the Tryal of his Skill , and then thinks to cheat the Devil with an Antidote : He politickly opines however , that he has made him too Absolute , if ever there were a medley of more Malitious Villains 〈◊〉 to Libel a Government I 'll forfeit my Neck too it , as well as they ; Heaven and Hell must be reconcil'd ( which without a Recantation , will be so for their Confusion ) before these their Contradictory defamations can be made consistent : But in this the Politick Rebels agree , to secure an Odium upon our Monarchy in both extreams ; and making the most opposite Objections serve for one and the same purpose , it 's absoluteness and Tyranny must make it all Bug-bear formidable , frightful , at the same time that their holding the Reins shall render it all Hobby-Horse , Ridiculous and Contemptible . Secondly , I 'll shew that this their confounded principle of perfect Confusion , is not only against the Fundamental Law of the Land , but against the sense of every Law , that ever was made in it . Every preamble , of an Act ; and that ofevery Proviso there , runs with A , Be it Enacted by the Kings most Excellent Majesty , by and with the CONSENT of the Lords Spiritual and Temporal , and the Commons in the present Parliament Assembled . And then let any sober person Judge where lies the Soveraignty , would it be suffer'd to be thus exprest were they not satisfy'd they were not all Soveraigns , or if they were , ought it not according to this Rebel and Republican , run , We the King , Lords , and Commons Enact , but I 'll let him know how and what the Libertine would again have that Enacting part of an Act of Parliament to be , tho the Politick Knave ; fear'd it was too soon yet to declare plainly for an Usurpation , viz. Be it Enacted and ordained by his Highness the Lord Protector . Or the Parliament of England having had good Experience of the Affection of the people to this present Government , by their ready Assistance in the defence thereof against Charles Stewart , Son of the Lale Tyrant , and his Forces invading this Nation , do Enact , &c. That our Kings in the time of the Saxons , Danes , and some part of the Normans had more absolute Power over their Subjects , than some of their Successors 〈◊〉 , himself can't deny , the Charter of Liberties being made but in the Reign of Henry the Third ; and when the People had less of Priviledges , the Kings must be supposed to have had more of Praerogative ; therefore we shall examine only what and where the Supremacy is at present , and where the Laws of the Land ; not the Will of the Prince do place it . In the Parliament that was held at York in Edward the Seconds time , The Rebellious Barons that had violently extorted what Concessions they pleas'd from the Crown , in His ( like those in the three foregoing Reigns , when they seal'd almost each Confirmation of their Charter in Blood ; ) were all censured , and condemn'd , and the encroaching Ordinances they made in those Times all repeal'd : Because says the Statute , The Kings Royal Power was restrain'd , against the Greatness of his Seigniory Royal , contrary to the State of the Crown , and that by Subjects Provisions over the Power Royal of the Ancestors of our Lord the King , Troubles and Wars came upon the Realm : I look upon this as an absolute Acknowledgment of a Royal Power , which is sure the same with his Soveraign ; sufficiently distinguisht here from the Parliaments , or the Peoples co-ordinate Supremacy , for those condemn'd Ordinances were lookt upon as Usurpations upon the Kings Supremacy , which they call the Power Royal of his Ancestors , and not as our Author would have too , of the Sovereign power of Lords and Commons . At the Convention of the three Estates first of Richard the Third , where the Parliament call themselves so ; themselves expound also what is meant by it . And say it is the Lords Spiritual , Temporal , and Commons of this Land assembled in present Parliament ; so that we have here the whole three States , besides the King , owning themselves such , without assuming to themselves a Soveraign power : recognizing the Right of Richard , and acknowledging him the Sovereign : And tho I shall for ever condemn , as well as all Ages will , their allowing his Usurpation a Right , which was an absolute wrong ; yet this is an undeniable Argument , that then they did not make their King Co-ordinate with themselves ; made themselves , declared themselves , three States without him , and acknowledged their King the Sovereign and Supream . That Act that punisht appeals to Rome with a premunire in Henry the Eighth's time , gives this Reason why none should be made to the Pope , nor out of the Kingdom ; because the King alone was only the supream head in it : It tells us expressly , That England is an Empire , that the King the Supream Head has the Dignity , and Royal Estate of the Emperial Crown , unto whom a body Politick divided into Terms and Names of Spirituality and Temporality , been bounden 〈◊〉 next to God , humble Obedience , &c. Who has furnisht him with Plenary , Entire , Power , 〈◊〉 , Authority , Prerogative , and Jurisdiction : Here his Body Politick is devided into Spiritual , and Temporal , here he is called the supreme Head , and here I think is a full Recognition of his sole Sovereignty : And 't is strange that what a Parliament did in Opposition to Popery , should be so zealously contradicted by such Sycophants that pretend so much to oppose it . In the next place , he tells us of an error he lay under , that he thought our Commonalty had not formally assembled in Parliament , before Henry the Thirds time ; but of that now is fully convinc'd , by the Labours of some learned Lawyers whom he names , and lets them know too how much they are obliged to him for the Honor : But I suppose he reads but one sort of Books , and that such as suit with his Humor and Sedition , and of that Nature he can meet with Variety ; for I dare avow that within the space of six years , all that ever was or can be said against the best of Government ; our own , all that was , or ever will be rak't up for justifying a Rebellion , and restoring a Republick , from falsifyed Roll , and Record ; from perverted History , and Matter of Fact ; by Pens virulent , and Factious , with all the Art and Industry , and whatever thought could invent for its Ruine and Destruction , has been Printed and Publisht ; such an Universal Conspiration , of Men of several Faculties , each assisting with what was his Excellency , his Talent in Treason , which seemed to be the Task-Master of the Town , and Monopolizer of Trades . But our Politician might return to his old Opinion again ; did he but consult other Authors , I believe as learned Antiquarians ; I am sure more Loyal Subjects : who can shew him that the Saxons Councils call'd the Witena Gemotes had in them no Commons : That the Conqueror call'd none of them to his great Councils , none in those of his two Sons that succeeded , nor none in any of the Parliaments down to Henry the Third ; my Lord Coke tells us of the Names this Parliament had before the Conquest , as Sinoth , Michel , or Witena Gemote , which he says implyed the Great Court or Meeting of the King , and all his Wise Men : And also sometimes of the King with his Council of his Bishops , Nobles , and the Wisest of the People ; and unless from the wisest of the People , and all his Wise Men , they can make up an House of Commons ; I am sure from this Authority , they can have no proof , and from Wise Men can be gathered nothing , but such as were Noble , or chief of the Realm ; for the meaner sort , and that which we now call the Commonality , were then far enough from having any great share of Learning , or common Understanding ; and then besides these Wisest of the People were only such whom the King should think Wise , and admit to his Council , far from being sent by their Borroughs as elected Senators , King Alfred had his Parliament , and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops , Noble-Men , and the Wise-Men whom the King called , which implies no more then those he had a mind should come . But the Antiquity of a Parliament , or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for , 't is its Superiority , Supremacy ; and there endeavours to make them antient is but in order to the making their Power Exorbitant , and not to be controul'd by that of their King ; whom in the next place , this Re-publican can scarce allow the power of calling them at his Pleasure , and dissolving them when he pleases : But so great is the Power of Truth , and the Goodness of the Cause he Opposes ; that he is forc't to contradict himself to desend his Paradoxes . For he tells us the King is obliged with an hear say Law , which his learned in the Faculty and Faction can't find out yet , to call Parliaments as often as need should be , that is they think fit : And also not to dissolve them till all their Petitions were answered ; that is , till they are willing to be gone : But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting : do not these industrious Endeavours for such a perpetuity of them plainly tell us , 't is that 's the only thing they want , and that they are taught experimentally ; that , that alone run the three Kingdoms into absolute Rebellion , and ruined the best of Kings : and can as certainly compass the Destruction of the present : But I 'll tell the lump of Contradiction first the words of our greatest Lawyer , and then his own , Cooke says , none can begin , continue or dissolve a Parliament but by the Kings Authority : Himself says that which is undoubtedly the Kings Right is to call and dissolve Parliaments . 'T is impertinent to labour to contradict that which he here so plainly confutes himself , the Statesman being so big with his Treasonable Notions , so full of his Faction that his Memory fails him , makes him forget his own Maxims , and makes his subsequent Pages wrangle with the Concessions of those that went before . His next Observation is a perfect Comment upon his Text that had in it implicit Treason before ; he tells us in Justification of the Barons Wars , which all our Historians represent as a perfect Rebellion , That the Peers were fain to use their Power ; and can he tell me by what Law Subjects are impowred to Rebel . He calls it arming of their Vassals for the defence of the Government : That Bill by which they would have associated of late , that I confess had it past into Act would have made Rebellion Statutable , And they themselves must indeed have had the Sovereign power , when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy , they might well have armed their Vassals then ; when they had got his Majesties leave to commence Rebels , and Traytors , for the Protection of his Person , and the Preservation of his Crown and Dignity : But these humble Boons were no more 〈◊〉 that Bill must have begged ; and these kind Concessions , no more than was expected from the Grant of a King so Gracious , a Petition that might well have been answered like that of Bathsheba's , by bidding them ask the Kingdom also . The Barons standing in open defiance to the Laws , ( tho they stood up too so much for them ) : He calls the Peers keeping their Greatness , and this is the Sovereign Power the Rebel would have them again set up for , to be great in their Arms , as well as Quality , and demand with the Sword again the Prerogative of their Kings , and the grant of the Regalia ; which in their preposterous Appellations ; was abused with the pretence of priviledge , and right , and which the force of the Field can soon make of the greatest 〈◊〉 and wrong : But in the very next Page 't is expounded clearly what has , may , and must be done in such Conjunctions ; that is , to your Arms. He tells us after they had obtained the framing of their Charters , and I think they were as much as the most condescending Monarchs could grant , or the most mutinous malecontents require ; Then arose another grievance 〈◊〉 and 〈◊〉 for : This was the Intermission of Parliaments , which could not be called but by the Prince , and he not doing it , they ceast for some years to be Assembled ; if this had not been speedily remedied , The provoking Rebel , ( for certainly he is as much so , that Animates a Rebellion , as he that is actually engaged in it , and is by Law so declared ) tells us the Barons must have put on their Armour again , and the brisk Assertors of their Rights , not have acquiesc'd in this Omission that ruined the Foundations of the Government : After all the kind Concessions of the Prince , the putting him upon that which was the taking away of the very remains of Royalty , puts me in mind of one of our late Expressions of a popular Representative , that could declare in open Assembly , as attested by some of the very Members of it , that tho this their Bill of Exclusion were past , ( which was more we see than the most mildest Monarch could grant , or even our House of Peers , sure the better part of our Nation ; could in Modesty require ; ) yet still there was more work to be done , and a Reformation to be made in the Church , as well as the State : The Patriot was prepared to lanch out in such kind of Extravagancies , and told the truth of the Plot before his time , had not calmer Heads interposed and cool'd his hot one into common Sense : several of the Speeches spoken in Parliament , for which its Publisher deserves to be Pillor'd , if not Authentic and True ; and brought before them on his Knees at least for his Presumption if they are : It being here as Criminal to Print Truths at all times without an Imprimatur , as 't is to tell it without leave , even inseveral of those Speeches Publisht in that Paper I reflected on in the beginning , where the Pedantick Author has exposed me in the Tail of his History , that lookt like the Narrative of a Rump : There are as bold Expressions , of as dangerous Designs ; for at the end of one of their Harangues , the beginning of which is only marked with R.M. and its Author may be loth to let any more Letters of his Name to be known ; you have these following Lines ; If at the same time we endeavour to secure our selves against Popery , we do not also do something to prevent Arbitrary Power , it will be to little purpose ; I think nothing can prevent that better than frequent Parliaments , and therefore I humbly move , that a Bill for securing frequent Parliaments be taken into Consideration , can any thing be more Expressive than that the Bill so much clamour'd for , was only the burden of the Song , and that the Ballad it self must have been all to the Tune of 41. when Arbitrary Power never ceased its Cry , till the Parliament was made Frequent , its Frequency never sufficient , till standing and perpetual ; which proyed too as dangerous as a standing Army ; never restless till it had really raised one too , and the Kings Head from his Shoulders ; and can these worst of Criminals make it a Crime , to make the Nation fearful of Parliaments , when there are such Speech-Makers in it : I shall to such Accusers Faces defend them to be formidable , not out of any Apprehension of fear for my self ; for whenever such a Seditious Senate , their Commons , become dangerous again to good Subjects , the safety of the Government must be but in as bad Condition : But it may well terrify even a Crown'd Head , and frighten him from their Frequency , when some of their most popular Members have been since found in an actual Conspiracy , for p●lling the Crown 〈…〉 〈…〉 suffered publickly for Traytors . Sir. G. H. I do agree a Bill for Banishing Papists may do well : But I hope if you Banish the Men you 'll Banish some Women too , consider how to prevent the Royal Family marrying Popish Women ; — No man can doubt but the Protestant Interest has been much praejudiced by his Majesties marrying a Princess of that Religion , Popish Instruments having 〈◊〉 themselves under her Protection : The Country Gentleman wanted the Civilities of the Court being a declared Enemy to all Ladies ; but this shows plain their aims were beyond that of the Duke , and that it was the Sense of some of the House , the Queen was in the Plot , as well as the Opinion and Asseveration of Oats his Oath , against his exprest Testimony given before , Sir E. H. — Have we not ordered several good Bills to be brought in for the securing us against Arbitrary Power ; and shall we now lay aside all those , and be content with the Exclusion Bill only ? which I think will be worth nothing unless you can get more , and what some of those more are is explain ed in the next Oration to it , W. G. — I do admire no body does take notice of 〈◊〉 standing Army , which if not 〈…〉 such a Number as may be but convenient for Guards , and limited as they may not be encreased : All your Laws signify nothing ; the words of that Hellish Association only differ thus , when they swear more modestly only to endeavour entirely to disband all such Mercenary Forces as are kept up in and about the City of LONDON . These are some of the very Words as our Author relates them as they were spoken in his House of Commons ; I do them only that Justice , that this Historian has done to their Honours , or they to themselves : so if these accounts are Authentick ; ( tho I remember when dangerous to Question even the Authority of an unlicensed piece of Sedition ; ) then 〈◊〉 see that many of our late malecontents of the Commons , as ' well as our Plato's Rebellious Barons , were not like to be contented any more with our Kings granting them all the security themselves could ask for their Religion ; then these Imperious Lords were after all their Liberties were fortyfied with an extorted Charter , and made as firm as Fate , 〈◊〉 their foresight could provide . But that nothing would satisfy , unless both lopt off the best Limb of their Prerogative , and allowed them to have Parliaments , without Intermission ; or at least frequent enough for an Usurpation of all the Power that is Regal ; for as the Doctor of Sedition observes , upon the Kings being allowed to Call and Dissolve them , That our Liberties and Rights signify just nothing : So might 〈◊〉 this politick Pis-pot have remarked , That when once it comes to the Power of the People to summon themselves ; or sit so long a Season , till their own Order shall determine the Session ; that truly their Venetian Doeg would be a Prince to the Monarch of Great Britain , and we should soon have less left of a King in England , than such implacable Republicans have of Loyalty ; for I am sure we must in reason have better Ground to dread those dangers , and utter Subversion of the State from their too much sitting , that has been experienced , than they for that panick fear of Tyranny from their 〈◊〉 so often Dissolved , which they never yet felt . But to see the boldness of such Villains for encouraging an Insurrection : The briskness of their Barons that rebelled , for a Charter , and frequent Parliaments , was most providentially brought upon the Stage , when they knew they had forfeited most of their own by their Faction ; and made their House of Commons , from their obstinate proceedings , not likely to be soon summoned when once Dissolved : so that here was a plain downright Encouragement of a resolute Rebellion as Occasion should serve ; and letting the People know they must put on their Armour as well as the Barons , and be as brisk upon Intermission of Parliaments . How far this good Exhortation encouraged an Assassination of our Sovereign , and the succeeding Plot , may be gathered from their attempts to put it in Execution ; and for which both Author and Publisher Merit full as well the Fate of those that dyed for the practising those Principles that they the more primitive Traytors had instill'd . In short , to insist no longer on this black Topick of plain Treason , With what Faith and 〈◊〉 , with what Face and Countenance , can he call that perfect Conspiracy of a parcel of Faithless Peers , a Defence of the Government , that for almost forty Years laid the Land all in Blood ? and with their Witchcraft , their sorceries of Rebellion , that briskness as he calls it , of putting on their Armour , made it imitate an AEgypts Plague , and Anticipate the very Judgments of the Almighty , by purpling her Rivers with the Slain ? can the Defence of a Kingdom consist with its Destruction , or those be said to stand up for their Country that invited an Invader , and swore Allegiance to Lewis a Frenchman , against him that was their Liege Lord : I am sure this was making over their Faith to a Foreigner , and many may think it as much to bee condemned as that of their King his Crown to a Saracen : especially when that by some Historians is doubted ; but their falsehood's confirmed by all : Then was our England like to have been truly France , which they now but so vainly Fear . In the next place , he is pleased to grant the Militia to be in his Majesty's Power ; But 't is only until such a sort of Rebels have strength enough to take it out ; for he tells us the Militia being given but for an Execution of the Law , if it be mis-imployed by him to subvert it , 't is a Violation of the Trust , and making that power unlawful in the Execution : And that which shall violate this Trust , has he reduced to three of the most Villanous Instances , that the most Excrable Rebel could invent , or the most bloody Miscreant concelve , the Murder of three Kings by their Barbarous and Rebellious Subjects : And in all three their strength and Militia were first taken away , and then their Lives ; first he tels us Edward the second forfeited his Executive Power of the Militia ; In misapplying his revenue to Courtiers and Sycophants : Richard the Second for 〈◊〉 Worthless People to the greatest places . And Charles the First , in the Case of Ship Money ; can now the most virulent Democraticks hug such a piece without Horrour at its Inhumanity ? or the vilest of the Faction preserve it from the Flames : can those popular Parliamentarians , and the most mutinous of all our murmering Members , of whom my self have known some that could Countenance this very Book ? can they here defend iusinuated Treason , when Stanley dyed for a more Innocent Innuendo ? but if Faction has forc't from their Souls the poor remains of Reason , will Humane Nature permit such precedents to prevail , that terminated in the miserable Murder of as many Monarchs ? 'T is remarkable , and 't is what I remember ; these very Papers were Publish'd near about one of their late Sessions wherein they were nibbling again at the Milittia ; and could so merciless a Miscreant be put in the pocket of a Member of Parliament , much less then into his Heart , and drop from his unadvised Lips ? can those that come to give their consent for the making Laws , be thus Ignorant of those that are already made ? has not the Military power , for above this 500 years been absolutely in the Crown ? and almost by their Parliament it self declared so in every Reign , was it ever taken out , but when they took away the Life of their King too ? was ever his Head protected from Violence , when this , the Guard of his Crown , was gone ? or can any Hand long sway the Scepter , when it wants the Protection of the Sword ? 1st . Edward 3d. Chap 3. The King willeth that no man be charged to Arm himself otherwise than he was wont in the time of his Progenitors Kings of England , In H. 7. declared by Stat. : All Subjects of the Realm bound to assist the King in his Wars . Queen Mary and all her Progenitors acknowledged to have the Power to appoint Commissioners to Muster her Subjects , and array as many as they shall think fit : The Subjects holding by Serjeantry heretofore all along to serve their Sovereigns in War in the Realm , and a particular Act obliging them to go within or without , with their King ; He and only He has the ordering of all the Forts and Holds , Ports and Havens of the Kingdom , confirmed to this very King , and Cook tells us no Subject can build any Fortress Defensible , Cook Litt. p. 5. And since some of our late Members of the lower House were so tickled with this Authors soothing them with the Kings Executive Power of War forfeitable ; I 'll tell them of an Act expressly made in some Sense against their Assuming it ; and for another Reason too ; because some mutinous Heads would argue to my Knowledge for their Members comming armed to the Parliament at Oxford ; and which was actually done too by Colledge and his Crew . It was made in Edward the First 's time , and expressly declares that in all Parliaments , Treatises , and other Assemblies , every Man should come without Force , and Armour ; and of this the King acquainted the Justices of the Bench : and moreover that the Parliament at Westminster , had declared that to us belonged straightly to desend Force of Armour , and all other Force against our Peace , at all times when it shall please us , and the Judges were ordered to get it read in the Court , and enroll'd . And now can it with common Reason or Sense be suggested , that the letting Favourites have some of the Treasures of the Kingdom , or Courtiers , as he calls it , the Revenue , or the preferring of such Persons as they shall think Worthless and Wicked , which with such Villains as himself are commonly the most deserving ; that this shall be a sufficient violating ( as he terms it , ) of a Kings Trust , to the forfeiture of his Power of putting the Laws in Execution , with which the common consent , of almost all the Laws , and all Ages , have invested their King , as an absolute , 〈◊〉 , singular Right of the Crown . Certainly such an Opinion is as extravagant , as Treasonable , and could enter into the Head of nothing but a Madman , the Heart of none but a Traytor . Next we meet with another Assertion as false as Hell , and then its clear contrary nothing but the God of Heaven is more True ; He tells us , ( after having hardly allowed His Majesty a Negative Voice , at least as such an Insignificant one , as not to be made use of ) That 't is certain nothing but 〈◊〉 of Parliamentary requests produced the Baron's Wars , and our last dismal Combustions ; when I 'll demonstrate to him , as plain as a Proposition in Euclid , that nothing but their too gracious and unhappy Concessions , to their perfidious and ungrateful Subjects , made those mighty Monarchs miscarry : read but any of our Histories , tho pen'd by the most prejudiced , and those that ware at best but moderately Popular , of our first Civil Wars . The Barons , Daniel that speaks most commonly as much as the Peoples Case will bear , tells us his thoughts of those unhappy Dissentions , that neither side got but Misery and Vexation : We see that notwithstanding as often as their Charter , and Liberties were confirm'd ; notwithstanding all the Concessions of those two yielding Monarchs , still more was demanded . The Charter in Henry the Third's was no sooner several times confirmed in one year , but in the next ; presently they fell upon his Justiciary , Hugo de Burg. and he must be removed , or they threaten to do it with the Sword ; Then the poor Prince complies and sends him to the Tower ; Next the Bishop of Winchester is as great a grievance as the Chies Justice was before , for bringing in the Pictavians ; and unless all those are put from him they tell him plainly they 'll depose him from his Kingdom , and create a new : The Bishop is sent away and those Pictavians expelled ; but still were there more grievances , and assoon as one was removed , be sure another would be found out ; and the true perfect Occasion of those Intestine Broils was rather the Concession 〈◊〉 King Henry in his Youth ; they having been used with so much Complyance in his Minority , that being emboldened afterward with Age he grew too much a Soveraign to be overaw'd , or overreach't by his Subjects ; and they having been accustom'd not to be oppos'd in their encroachments on the Crown , which they had been long Habituated to , he being Crown'd an Infant and they having the fresh Precedent before them with what arrogance they us'd his Father John , upon any the least denyal betook themselves to the Sword , for this you 'l find ; if Occurrences of those Times be but Impartially examin'd : and for his Second Instance of our late Kings time , his abominable Falsehood so far from Truth that not only Narrative and Record , but the very Memory of man can give him the Lye ; did he not grant them , these very Villains insolent demand Parliaments at last without Intermission ? was there not a Triennial one first Insolently demanded , and as Graciously consented to ? was not that as ungratefully thought insufficient , and nothing could satisfy , till unhappily settl'd during the pleasure of the two Houses , an Act of Concession which the 〈◊〉 〈◊〉 Prince could himself call , ( as 〈◊〉 it was ) unparallel'd by any of his Predecessors ; nothing but their Ingratitude could equal so much goodness , and only for bettering of theirs , the Wretches 〈◊〉 his own affairs should be the worse , what punishment would the Law have found for such Monsters of Ingratitude , that punisht once all Common Offenders in it with Death ? were not his Gracious Answers at last to the Propositions , so full of Concession , that some of the Cannibals that thirsted for his Blood , could Vote it a Ground for the House to proceed upon for Peace . Lastly had he not granted to his Inveterate Foes , whose Necks were forfeited to the Gibbet , the Heads of some of his best Friends , till he had none left to dispose of but his own , and that at the last must be brought to the Block . And can such an impudent Daemon , the very spawn of the Father of Lyes , thus confidently now declare that obstinacy , Denyal in the late King was his Ruin ; but his misery and misfortune , has unhappily left tho for us happy ( could a Nation be said so under such a loss ) such Politicks written in his Blood , that all those of such Rebels and Republicans can never undermine . In the next place the State Empirick comes upon the Stage and that only to vilify our Court of Chancery , which with all Persons that can but distinguish Equity from the Rigour of the Law , must-be had in Estimation ; the greatest Objection his utmost Malice can asperse it with , is only , That it may be Corrupted , and so may the best of things , whose Corruption is the worst . There may be Roguery in Clerks , he thinks , in entering Rules ; and so their may be more Dangerous Knaves among Doctors , that can prescribe a dose of Sublimate for Mercurius dulcis ; and such a Villany in his Art , is sure more fatal then the worst that can occur in their faculty , that at the worst can but bereave you and that long first of your Estate . This Ruffian in a Moment robs you of your Life ; and I should chuse to live a little in the World , tho a Beggar , than be sent out like a Rat. The Ridiculousness of his Objections can't be answer'd , but with such Merry ones as I make . But to let him know I can defend the Constitution of the Court in Good Earnest , so far is it from Obstructing his right by the Common-Law as he Ignorantly Objects , that it 's a 〈◊〉 Commonly never to relieve him here when he can have his Remedy there , but always in Justice and Equity renders him that right which the Rigour of the rest many times forecludes him off , where the Common can't Compel a man to an agreement this will enforce it , Recoveries of Legacies , Performance of Wills ; otherwise Irrevocable , and not to be Compel'd shall be obtain'd here . It enforces the Husband to give the Wife Alimony , and perhaps the Doctor dislikes it for that , and certainly this must be a greater Solaecism than he can suggest in contradiction to the Court , that a Court of meer Equity to moderate the Rigour of the Common Law , should Injure their Petition of Right or Invade the Liberty of Magna Charta . But that which is more Ridiculous and False , is his Foolish fear of Injustice from such a single Judge sitting in the Judicatory , and his Impudent assertion that never any Country in the World had such a way of Judging . For the first , ( should we not consider the prudence and Integrity of that Honourable Person that presides in it at present whose Equitable determinations were sufficient to supersede and silence such a 〈◊〉 suggestion ) it is morally impossible there to meet with Injustice ; where nothing is decreed but upon a Fair , and Full Examination of Witnesses and the Judges hearing what can be alleaged by Counsel on both sides . All the Panick fear that Alarms him , is that the Prince ( for such is the Malice of a Republican that nothing can be thought Wicked enough for a King , ) may put in a Person that may Act against Right and Reason , carried away by Passion and Prejudice , and at best but a Tool for the State. If the possibility of such vain suggestions shall prevail for an Extirpation of an Officer of Justice Co-oeval , if not before the Conquest , and still Recorded for his just Administration , I will allow what can't well be granted , this Emperick to pass for a Politician , and the same Monumental Folly , will serve for as Ridiculous Objections against all other Courts of Judicature , where the King , has the power of placeing in it whom he pleases ; and they all Subject to the Passions and Infirmity that any single person , and in their Breast too lying all the Decisions of any Controverted Law. But that such a single Judge sitting in Judicature , such a Tribunal is scarce in any Country of the World , is most absolutely FALSE ; the Civil , the Law of Nations , and that of almost all the Civiliz'd part of the World has no other Method in deciding Civil causes . Their Libels , are but Bills of Plaint , as in this the Subpaena requires the Defendant's appearance at a certain day in Court , by them a Day in Court is assign'd him to Answer , their Replications , Exceptions , here are Answer and Demurrer . They pronounce Contumax and Ex-communicate . Here goes out Attachment and Commission of Rebellion , through the whole process the same Practise observ'd the same Rules as in all Forreign Courts of Civil Judicature ; where the Decretum finale , or Sententia Definitiva , is in the sole Breast of a single Person as our Common Decres in Chancery . But what is the Law of all Nations will be soon Rebelliously Condemn'd , by those that can't bear with our own ; and are so truly Licentious that they would live without any : But for that Justice of the Venetians which he extols so much in opposition to our own , his Republican Soul would be loth to venture there it 's Human Body notwithstanding it's Equal Distributive Justice , which he would make Arithmetical too , by makeing it so exactly proportionable to the Crime , should he be found there as great a Criminal against that State , as his Publisht Treasons have here render'd him to our own , he would hardly come to know his Fault there till he came to feel the punishment , and would find a Banditi with them to make the best Executioner ; 't is there Sedition , and the Defamation of the Government is punisht assoon as Information is receiv'd , and that with nothing less than Death , and commonly drowning ; no Tryal per Testes and Examinants , but Ferry'd away in one of their Gondola's , which must prove your Infernal Boat too , and the first sight of your Sin is with that of a Confessor , and a Hangman , and thesesure must be most Malicious , Inveterate Villains , that can commend such Judicatures that are rather shambles , for Butchery and Murder , before those of their own Nation ; where a Penny property can't be taken away without a Tryal per pares , and the Law , much less their Life . But if our Republican when he commends so much the Justice of that State , means only what is distributed in their Decemviral Council which is the Supream , let him for a Confirmation of his Error and Folly Consult only the Case of Antonio Foscarini one of their own Senate ; whom upon the bare Testimony of too profligate Russians , that he held correspondence with the Spanish Embassador , ( which with any forreign one for a Senator is their Death by the Law , ) without any Collateral or Circumstantial Proof , without seeing his Accusers , was seiz'd , mussl'd up , clapt in a dark Dungeon , and in a few days sentenc'd to be strangl'd , and which was done accordingly ; the Conspiracy of the Witness was soon afterward detected , his Innocency declar'd ; and the poor Gentleman for want of a due process at Law , plainly Murder'd ; and all the Conviction I wish to such unjust reproachers of the Constitution of any of our Courts of Judicature , that they may never have the benefit of those Laws they Condemn , and only have the Fate to Fall by that Justice of the Republick they so much extol . The Villains that sign'd the Warrant for our late Kings Execution ; did not more Sacrifice his Person , than this Impious Wretch has Murder'd him again in Effigie , with a redoubl'd Cruelty , to blast that unblemishable reputation ; which if Dearer than Life , must be the greater Treason : He tells us the Parliament never made War upon him , because by Law , ( says the Sycophant ) He can do no wrong , but this shall not be allow'd for a Maxim with such Malecontents when it makes for the Monarch : But what if a Parliament of Rebels , put out in their Declaration , that He has wrong'd the Law , and vote that he Levies War to destroy the Fundamental Liberty of the People , to set up Arbitrary Government ; send down a Traytor to keep him out of his own Garrisons , when their Guards could not secure his Life from the rage of the London Rable instigated too by that Villanous Assembly that made his Repairing to Hull for the Preservation of himself , an Insurrection of their King for the Destruction of the People : And can such a senseless piece of Sedition imagin that undistinguishing Bullet they brought into the Field , could be commanded to take off none but Evil Councellors and Seducers ; or that ARMS which soon silence all LAWS , especially when lifted against their Soveraign , would favourable consider his Right , and a Maxim of our own that he could do no wrong . He tells us the King was displeas'd for parting with his Power to dissolve Parliaments , and took unheard of ways to demand Members with Arms : Most Inhumane Wretch even to the Pious Memory of so good a Prince , to give him the Lye in his Grave ; does not himself tell us , as if his Prophetick Soul had foreseen the suggestion of such a Rebel , in his making it his deepest plaint , The Injury of all Injuries is , that some will Falsely divulge , that I repining at the Establishment of the Parliament endeavour'd by force and open Hostility ; to undo what by Royal assent I had done . While at the same time the Contradictory Wretches would asperse him for a resolv'd , and a wilful occasioner of his ruin ; but for the demand of the Members , so far from Irregularity : That this Malicious Accuser , is a double Traytor to his Memory , by being an Abetter of those , that were truly so ; and representing it False , the King was advis'd in Scotland of those Conspirators having Invited that Nation to come into ours Arm'd : And shall not bringing in a Foreign Power , an Actual Levying War be allow'd Treason : He had his Witnesses ready for the proving every Article ; his Attorny had drawn up all their Impeachments , and could not their King have the benefit of those Laws , he gives Life too ? Could not their King Impeach a Commoner ? when they themselves can any Lord. He order'd Him to inform the House of Peers with the Matter of the Charge , and a Serjeant at Arms to accuse them to the Commons : did they , or could they call this an unheard of way , or Irrogular Proceeding ? and will the protection of their House extend to an Inditement for High-Treason , as well as an Execution upon Debt ? certainly this President won't be found among all the Miscellanies of Parliament , tho that Industrious Author might have cited too his Majestys Murder out of their Journal . But let them blush at their late Arbitrary Proceedings against their Fellow Subjects , and Remember what they deny'd their King. Here was an obstruction of Justice , that was already a Rebellion against the Executive Power of the Law , such an one , as only their next Ordinance for seizing the Militia , could make it more so ; the Serjeant that was sent to Arrest their Persons is countermanded , and if again attempted , 't is Order'd , and Resolved they 'll stand upon their Desence , and make Resistance ; how should the Mildest Father of the most Merciful Son , Mollifie so many Tygers Tugging for the Praerogative , with the pretence of Privileges . Why he tells us , himself went attended with some Gentlemen his followers , much short of his Ordinary Guard ; to desire he might proceed against Traytors only in a free , and Legal Tryal , that he had furnisht himself with proof and wanted nothing for that Evidence which he could have produced : But what ( I am sure they were resolv'd to deny their Soveraign ) even what they made the Rabble clamor for against himself , JUSTICE ; the Chronicle tells us , none of his Followers mov'd farther than the Stairs , but only he himself with the Palsgrave enter'd the House , demanded whom before he had Accus'd , and the Villains themselves so Conscious of his Equitable demand , and their own Guilt , that they fear'd their very delivery from their Friends , and that Death I doubt they had so justly deserv'd , the Criminals were fled , he renews his Charge and so satisfy'd , returns ; but so were not those whom nothing could Content at last but his Life , they load it with all the Obloquies , and Exasperations imaginable , such Protectors of Liberties could only think Treason against him worthier of Protection , then their injur'd King ; an Execution of Law , is Voted a Breach of Priviledge , the demanding the Benefit of it by him that gives it it's being ; they made MURDER , the City Guards are set up in several places , the Train-Bands are Commanded down to Westminster , a greater Army sure then only the Kings Retinue to protect Impeacht Traytors , and with the late Hosanna's of our Old-Baily they lead in Triumph , that Primitive Council of Six accus'd for High-Treason , and what Security had this present King that the like Cabal should not have been as well Secur'd from his Justice , had they been but detected in some of their late Sessions , they were all Members too , the Difference between our King and Commons in as high a ferment , the Charge that then was given to the Lords , the Articles that were offer'd to the Commons appear upon Record but the Counterpart of this Kings Declaration ; only there they had not come so far as to contrive his Murder , their Accusation was , for aspersing of his Majesties Government and altering the affections of his People , Countenancing Tumults against him , inviting a Foreign Nation , the Scots , as too this Actually did , and Conspiring to Levy War , as these did to Raise an Insurrection : And might not any Jealous Soul fear such Parliaments , that protected such Traytors ? and might not such Traytors been again protected by such Parliaments , when the City too was their own again , the Guards set , the Watches plac'd , the Streets Chain'd , and that when they could accuse no King for Breach of Priviledge or Coming to their House with Arms , and the having a Guard for their house was offer'd at now when nothing but their King was again in danger ? and can the retrieving the Memory of those immediate Forrunners of our first Misfortunes be made a Crime ? And the most Flagitious Villains concern'd in it no way Criminal , can such a Senate sit till it has Murder'd a King ? and shall not an experienc'd King secure himself from such a Seditious Senate ? that the design of the whole House of late was to raise a Rebellion , is utterly false , but that some of the late Members have actually design'd it since , is Certainly true , 't is attested in their Sufferings and Seal'd in their Blood : The Honour of that Assembly may be no way Tainted , tho both Blood and Issue of some that did sit in it , is since at present so by Law ; a man of Common Sense can apprehend the Constitution of a Body Politick to be one thing , and the Constituent Members another , and this without the help of Metaphysicks or Abstraction , I am Sworn , besides that Natural affection I still shall have for my Soveraign , to be Faithful to my Liege Lord , and should I fail in my Faith , I should be for-sworn ; I know the privilege of having a Parliament is the Interest of every Subject , and should I contend against that , I should be a Fool ; but because there is a necessity of obeying your King , does the same Obligation tye you to an Vsurper . A Parliament is a great Privilege to a Nation , but not so when it Vsurps all sorts of Privileges , that you saw took away it's head , lay'd the Land of it all in BLOOD . I 'll maintain with my last Breath that a Parliament is the Subjects Birth-right ; but God forbid we should be Born to all sort of Parliaments , that would make us Traytors by a Law , and we have many besides what in this Kings were declar'd , by Statute Treasonable . But to return to what is the Blackest piece of Treason our PLATO , was the Glorious Martyr the First aggressor too , or did they first seize his Militia , when they could not have it by Consent ? was the withdrawing of the King , Treason to his Parliament ? or were the Parliament the Traytors that made him to withdraw ? did the King Rebel against his own Garrison at Hull , or was Hotham the Rebel that kept out his King , let even prejudice here determine , what the worst of Malice can suggest : Does Matchiavel he cites , countenance the Licentiousness of the People , or rather allow too much Liberty to his Prince , and make an Hero , of a Tyrant , an Agathocles , and Grotius whom he Libels as much when he makes him to favour a Rebellion , and who has expresly Condemn'd our own . After this Re-publican like a Roman Velite , has held our Monarchy his Foe in play , all in the front of the Book , he begins to rout it entirely when he comes up with the Body , to the Battle , and the Rear , there he tells us plainly the Sweetness the profitableness , of a Common-wealth , that only 't is not to be set up during these Circumstances , that is , 't is too soon , to Rebel yet , and he has found out better expedients ; the King has too much Power , the Presidents of John and Henry the Third , are trumpt up again for being Compell'd to give it away , the Murder of Edward , and Richard the Second , at least the Deposition , of which that is an absolute Consequence , is two or three times again Recommended for Instruction ; and now he tells the Parliament plainly what Branches of the Praerogative , they must insist upon , Power of making War and Peace , Treaties and Allyances , which the Kings wicked Ministers have made Destructive to the Interest of our English Nation : You have here the best of Kings in effect , tho apply'd to the Courtiers , of which I think he must be the Chief , resembl'd to the very Rebel that Vsurpt upon his Crown ; as if it were design'd by him as well as a Cromwel , ( that had no right to maintain himself in the Throne , but the Power of the Sword ) to Crave aid from FRANCE , to keep Vnder his People of ENGLAND . The Militia must be granted them , because out of Parliament , or Session , it being in his hand they cannot raise the County Bands , nor those of the City to Guard themselves , that some irusty Members whom if the King pleases may take care of his Houshold , that a Parliament meet of Course at a certain Day at the usual place without Writ or Summons , and that because Peers depend so much upon the will of their Prince for Creation , they should never be made but by Act of Parliament , I appeal to the most moderate mild Soul Living , whether any single Line of all this absolute Treason has not of late , almost since the Publication of this Damnable piece been 〈◊〉 to be put in Execution , was not the Haereditary Discent , struck at in the Duke ? was not the Militia offer'd at in some of their Votes ? Frequency of Parliaments which would have been as good as without intermission , Clamour'd for in some of their Speeches ; the Nomination of some of the Officers of Power by the People . And lastly was it not agreed to meet without Writ and Summons , when the Major part of Members were to be conven'd after Dissolution , and can any still say that an alteration of the Government was never design'd , by those that were then so busily concern'd , and when some of the most popular and Active , have been since Actually Convicted for the Compassing all this , by the Blood of their King , which they dispair'd of obtaining from his Le Roy vult : But 't is to be hop'd that the God of Heaven , who has brought to Light the Darkness even of Hell , has so much illuminated Peoples understanding as well as Eyes , that the next Assembly that shall constitute this Politick Body , truly Honourable , adsolutely Necessary in it's Constitution , will be such , as will transcend , what has been one of their best Presidents ; An healing one ; and that of those wounds such 〈◊〉 and Doctors have scarifi'd instead of clos'd , and with a merited Vote Condemn such Devils to their own Element the Fire , that have so Seditiously set three Kingdoms in a Flame . But tho this refin'd Statesman , this polisht piece of the most accomplisht Treason , may perhaps value himself upon the Product and Invention of his own Villany , proud of the being reputed a witty Republican , whose greatest Glory here is to be at the best , but an Ingenious Rebel ; yet his very Reputation , tho it be but in his Roguery , must sink too . When you consider ( what I shall soon satisfy any sober Person in , any Soul that has but so much Sense as to distinguish an Author from a Plagiary a Man of Honesty from a Thief , ) that even the very Notions and Principles he Prints for the establishing this Government were formerly Publisht , and proposed by the very Villains that actually subverted it ; not one Expedient in all his Politicks , but what was by sad Experience the very Propositions of declar'd Traytors : The Blessed Wit would rob the Records of an old Rebellion ; and that only to put in for an Inventor of a new ; the worst of Felons , and in Forreign parts punisht as the greatest that Steals his Fellow from the Gibbet : His Book has not only borrowed all from Harrington , I 'll allow it him with all my Heart , and that by what follows you may find . A Parallel between the Propositions sent the late King by the Rebel Parliament , and the Rebellious Proposals of our Plato Redivivus . PARLIAMENT'S . PLATO'S . 1. That all the Kings Privy Council , great Officers and Ministers of State may be put out , excepting such as the Parliament shall approve , and to assign them an Oath . 1. His Majesties Power to nominate , and appoint as he pleases all the Officers of the Kingdom , one of the Powers in the Crown , that hinder the Execution of the Laws , Plat. p. 239. why may we not begin by removing all his Majesties present Council by Parliament ? Page 232. 2. That all Affairs of State be managed by the Parliament ; except such Matters as are by them transferred to their Privy Council . 2. That his Majesty exercise the Four great Magnalia of Government with the consent of Four several Councils appointed for that end , the Councils to be named in Parliament , Page 240 , 241. 3. That all great Officers of the Kingdom be chosen by Parliaments and their Approbation . 3. That the Election of the great Officers be by those Councils ; and those Councils to be chosen by the Parliament , p. 258 , 259. 4. If any place fall void in the Interval of Parliament , the Major part of this Council to chuse one to be confirmed at the next Session of Parliament . 4. Preserving to themselves the Approbation of the great Officers , as Chancellor , Judges , Generals of the Army , p. ibid. 5. To reform Church Government as the Parliament shall advise , to concur with the People in depriving the Bishops of their Votes . 5. That the Clergy , quatenus such , had , and will have a share in the Sovereignty , and Inferiour Courts in their own Power called Ecclesiastical ; this is and will ever be a Solaecism in Government , p. 178. 6. Marriages and Allyances to be concluded in Parliament . 6. The Kings absolute Power of making War and Peace , Treatises and Allyances , one of the Powers in the Crown , that binder our Happiness and Settlemene , p. 327. 7. To settle the Militia as the Parliament have ordered it . 7. The Kings disposing , and ordering the Militia , one of the Powers in the Crown that hinders our Happiness , p. 239. 8. All Forts and Castles to be in the disposal of the Parliament . 8. The King enjoying the Power of garrisoning and fortifying Places , one of the Powers that binder our Happiness , ibid. 9. To imploy only such People about him as the Parliament might confide in . 9. That those of the Four Councils appointed by Parliament , if his Majesty pleases to have the ordering his oeconomy and Houshold , &c. pag. 242. 10. No Peer hereafter to be made to sit in Parliament without their consent . 10. That for the future no Peer shall be made , but by Act of Parliament , pag 252. These made the Substance of those Seditious Propositions , that they prest upon the poor Prince , with which they would have forc't our Charles the First , to the Misfortune and Fate of a Richard the Second ; the most aggravated Misery that can befal a Monarch , the deposing of himself . These were they that filled their Parliament Papers and Proposals to their King at York , the most Insolent that could be proposed surely to a Prince , that was then in a Condition more likely to demand with Arms , what he was denied against Law , whom they might expect to see as they did soon after at the Head of good Souldiers , as well as in the Hearts of Loyal Subjects ; such Insolencies as would have been Insufferable had they tryed , and gained , what was afterward so unhappily gotten that unlucky Fortune of the Day , had they then , ( what their Prosperous Villany did at last effect , ) made their Mighty Monarch their Peoples Slave , and a meer Captive of a King. Carisbrook , and the Isle of Wight could not have born with of much Indignity , as was offered to him here ; when even at Nottingham and York , their Non Addresses when his Person was in the Castle , were less hard , than such an Address when his Standard was in the Field : These were those that provok't even the Mildest Prince to Protest in some rage , That if he were their Prisoner , he would never stoop so low ; These were those by which he must have made Himself , what our Republican would have him now made , of a King of England , but a Duke of Venice ; and with These did they never cease to perplex his unshaken Heart , his unmoved Soul , continually upon all their Messages , Treatises and Remonstrances and Petitions , These still the Subjects of their demands , when their Commissioners were sent to Oxford after their Newbury Battle ; these when the perfidious Scot had gotten him in their Power and Hands at Newark and New-Castle , but bandied then only for the better buying of their King , whom his own Country as basely sold ; then offered rather to make matter of delaying War then truly design'd for Peace , that there might be somewhat in Agitation till the Summ was agreed upon , and his Majesty diverted with the small Hopes of being at last a Titular King , while they were selling him to Foreigners for an absolute Slave . Lastly , with these did they Plague and Pester the Poor Prince , when they had made him a perfect Prisoner at Hampton Court , and how well these Proposals of the late Rebels , agree with the Politicks of this present Republican , I 'll submit even to the most partial Person of the Party , upon the perusal of this Parallel . And what could be the design then , at such a Season , of Publishing such a piece , of our Mutinous Members hugging in their Hearts , and applauding with their Tongues , Printed and Publisht Treason ? But that what was offered in their Plato , was once presented in Parliament , that the Politick Rebel , could be pickt even out of the Journals of their House : That they had Presidents there too for a Common Wealth , as well as in Starkey's Shop ; and hoped to see her Revive again by Vote , as well as by Book . But these blessed Expedients , tho but proposed out of the Press , are the more Pernicious ; at the same time , its Publisher makes them pertinent to what I have here applyed them , the Propositions of a Parliament ; for he tells us he would not have them wrested from his Majesty ; but that he be petitioned to part with them , very seasonably suggested ; I confess , when we were so full of petitioning . He would not have it effected by the Power of the Sword , the Politician it seems is mightily for Peace , and the Preservation of his Majesties Person ; but would only have them raise at first a civil War upon his Soul , use the Son a little more kindly than they did the Father , and not seize his Militia with an Ordinance , because they cannot Fight him with his consent , nor Rebel first against their King with an open War , and then send him Propositions for Peace , and the making him a Slave . And since some of our Seditious Souls have not only a great Veneration left for these Parliamentary Projects , and as great esteem for this Statesman , for the reviving them in his Politicks ; since some that would be thought Persons sober and moderate , can think the Kings Complyance in some of these Grants and Concessions somewhat necessary , and a Trifle of the Crowns prerogative to be pared from the State , as requisite as a Surplice , or Ceremony to be parted with in the Church ; since the Propositions of that Rebel Parliament , and the Politicks of this rank Republican , make up so perfect a Parallel ; It will supersede some separate labour and pains , to be able to animadvert upon them together , and at once ; ( His Answerer will be somewhat obliged to his Authors being but a Thief , ) and will shew , ( that whatever some think , that such pieces of Power might be par'd from the Crown like some sappy Excrescencies from the Trunks of Trees , for the better Nourishment of the Stock , ) that all , and every one of them strike directly at the very Root : That the Government cannot well subsist without them , all ; and that all of them are inseperably settled in the Crown , by all , the Fundamental Laws of all the Land. The first that feels the reforming stroke of their Fury , we find to be the Kings Privy Council ; and what is that ? why their own Oracle of the Law will assure them , the most Noble , most Honorable and reverend Assembly , consulting for the publick good , and that the number of them is altogether at the King's Will : And shall those be numbered now , and regulated at the Will of a Parliament , whom their own Acts , Statutes , Rolls , declare , acknowledge and confess to depend upon the Nomination , Power and Pleasure of the Prince ? would they repeal those Laws of their Ancestors enacted even according to the greatest Reason , only for an Introducing their own Innovations against all Reason and Law ? Can it be consonant to common Sense , that those whom their King is to Consult , and Sit with at his Pleasure ; and that according to the very express Words of Authentick Rolls and Records , that those should depend for their being , and Existence upon the suffrages of such a senate , whom all our Laws declare , has it self no other being , but what it owes to the Breath of that Sovereign , over whom they would so 〈◊〉 Superintend as to set a Council ? can they think that even the Spartan Ephori would have ever been Constituted , had their Kings by as strong Presidents of the Laws of their Land , been allow'd the Liberty of Chusing their own advisers ? or would Calvin himselfhave recommended them , and the Roman Tribunes , the Demarchi , the Decemviral at Athens , had he been assured that their Decrees and Edicts had all along placed it in the power of their Prince to be advised by whom he pleased ? and this Rebellious Project we now are examining , I am sure would prove a greater Scourge , and curb , to our own Kings , than ever the Romans , or Athenians had for the management of theirs ; we must turn about even the very Text , and invert our Prayers to the Almighty ; when a Parliament shall come to Counsel his Counsellors and teach his Senators Wisdom ; when it shall be in the Subjects power to set himself at his Soveraigns Table , you may swear he 'll be first served too , and that with his own Carving ; and therefore were they not forc't to rase Rolls and Records for the making such a Reformation in the State ; Reason it self is sufficiently the Faction's Foe , and as much on the side of those that are the Kings Friends . For let any sober Person but consider , whether the greatest Confusion , Disorder and Disturbance in the State , would not be the Consequence of this very distracted Opinion ; do we not already too much experiment the disquiet of a divided Kingdom to be most dangerous , when but a tumultuous part of a Parliament too much Predominates , this Gentleman 's Quarantia , ( or if you please ) the Kingdoms four General Councils , are to be named in Parliament ; and then what would be the result of it , but that his Majesty must be managed by a standing House of Commons , or at best some Committee of Lords ; they need not then Labour for the Triennial Act of the late King , confirmed by the too gracious Concession of this ; His Councils once their own Creatures , would have too much Veneration for their kind Creators , to diswade their King from a speedy Summons of a Senate ; tho assured , secured of its being sufficiently Seditious , they would soon supersede as supersluous one of the very Articles of such a Counsellors * Oath , where he swears to keep Secret the Kings Counsel ; for by such a Constitution they would be obliged to make a Report from the Council-Board to some Chair-man of a Committee ; a better Expedient , I confess , than an order for ‖ Sr. Stephen's bringing in the Books : And indeed none of the Kings Services should be then called Secret , they would be soon Printed with their Votes , and hardly be favoured voured with some of their own Affairs of Importance , to be referred for the more private Hearing , to a Committee of Secrecy ; the good advise his Majesty might expect from such Councils , might be much like those of late from his Petitioners , And he again told to be the mightiest Monarch , by condescending to be the most puny Prince : My Lord Cook tells us , those Councils are there best proposed for the Kingdom , when so that it can't be guess'd which way the King is enclined , for fear , I suppose , of a servile Complyance ; but here the knowledge of his Inclination , would be the most dangerous to the King ; which to be sure would be opposed , and only because known ; the good the King would receive from such Counsellors might be put in his Eyes , and the Protection the Nation could receive from such a King , must be but in good Wishes , and are we come to deny our Soveraign at last , what every Subject can Consult , his own Friends . But tho this bold Gentleman as arrogantly tells us , that this Privy Council is no part of the Government ; ( his imagined one he must mean ) a Common-wealth ; I 'll tell him more modestly , and with better Authority than a Dixit only of a Platonick Dogmatist , that he might as well have told us too , ( what indeed are such a Republicans real thoughts , ) that the King Himself is no part of it , and shew him both from Law and Reason , that they have a great share in it too . And that the Laws great Oracle tells us too , who is so far from letting them have no part in the Government , that he tellsus they have a very great part even in the very King. That they are incorporated to the King himself . His true Treasurers , and the most profitable Instruments of the State : And without doubt this great part they had always in Publick administrations made them of old so much esteem'd , that in all Rolls , and Acts of State , they were mention'd with so much reverence and respect ; certainly had they been no constitution allow'd of by the Fundamental Laws of our Land , they would never have been transmitted to posterity , with such veneration to their Memories , and that too through every Reign and all the Records of Time ; let them have but the benefit and priviledge of a Common Burrough , and let their President , an Office as old as King John's Time , and that by Letters pattents , but have as fair play as one of their Port-Reevs , prescription would incorporate them into the Government , as well as entitle those to their Franchises . 'T is an absolute Contradiction to Imagin that Rolls then the very Parliaments Acts , or Opinions in Transcript , should have recorded them so Honourably , for their Publick Administration ; were they not allow'd by the people so much as to be Ministers for the Publick good ; and such Honour was given them too by our Ancestors ; such Semblance of Soveraignty to their Persons , that their Houses had in some sense , the self-same privilege of the very Kings Palace and Verge ; wherein if a blow was given it was punisht with a Fine , the loss of a good Summ of Money as in the other , of a Hand : And is it not at present Treason to destroy them ; and can Absurdity it self imagin that the Laws which are made always by those that Govern , would make such provisions for those that were no part of the Government . And lastly , to prove this proposition of our Republican , but a Rebels Plot ; and a fair progress towards a Rebellion , I 'll shew this presumptious projector , how vainly he presumes upon his parts and Invention , that he is a double Plagiary , not only borrow'd this 〈◊〉 project against the present Privy Council from these proposals of our Seditious Senate in England , but his very Quarantia of Venice was set up , long before he could for an Author , by those Zealots that were so resolutely resolv'd to Rebel in Scotland ; and he shall see those Daemagogues too , those Devils of Sedition , look't upon it even then as a praeparatory project and the best Expedient for their Invading of the Kingdom , and the Crown . Their Edenburgh , their Metroprolis , as well as ours here , was then the Seat of Sedition , so truly great , that it's Faction and Villany was Commensurate even with it's very Walls : And those too , when Casually fallen were not suffer'd to be built ; as if they would have let the World known by praediction , their Ominous Treason was to extend further : 't was here that the Sycophants at the same time they pretended so much for their Kings preservation , that they protested against the pious Prince's Proclamation only for the dispersing of that dangerous Rabble that seem'd to denounce with an Omen , what too fatally follow'd , his Death and Destruction ; his Majesties sincerity to them and their Religion , was repeated in it , often with assurances ; but what was as Sincerely promis'd from a King by these Monsters of the People was as Rebelliously Ridicul'd with scorn and derision ; and that the Government might be satisfy'd with a sure report of their Sedition , they made those Heralds that proclaim'd their Princes pleasure , to witness how much it displeas'd his Rebel Subjects , and in defiance to their very Faces read their own Protestation . Big thus with Rebellion ; and Labouring with their teeming Treason , at last they are fairly deliver'd of the same Rebel Brat , this Republican would adop't for his own , a QVARANTIA : they Covenant and agree ( and 't was time to Vnite for a Justification of those Villanies , which nought but a Combination could defend ; ) for erecting four principal Tables ; and 't was time too to set up their own Councils , when they had so Seditiously resisted their Kings . To pursue the Contempt of this Proclamation , which by his Majesties Council and Command was publish't ; for a further Violation of the Regal Authority they set up this truly Popular , the first of their four Councels to consist of their Nobility ; the second of the Gentry , the third of their Burgesses , and the fourth of their Ministry ; and the Decrees of these their principal and general Tables ( as they call'd them , ) as if as Universally to be receiv'd as Moses his Two of Stone , what they did , and was approv'd of by the General one , the Choice Flow'r of all the Four , was to be forc't as the Peoples Law , but far I am sure from the Fundamental one of the Land , from this their Rebellious assuming of the Soveraignty in their pretended Councils , ( as they call'd them too ) but in truth a Convention of Conspirators ; proceeded presently the Renewing of their Negative Confession ; their Band , their Covenant impos'd on all sorts of People , with artiside , force , and Blood it self : And can a Test now establish't by Authority and Law , be look't upon an Imposition even by those that impos'd Oaths Vnlawful and Rebel'd against both ? it being by them expressly declar'd in two several Acts , that all Leagues of Subjects amongst themselves , without their Princes Privity , to be Sedition , and their Authors and Abetters to be punish't as movers of such . And what did this Venetian Government terminate in in Scotland , but a plain Confederacy to confound all , and tho the Civil and Courteous contriver of our Ruin and Subversion minces the matter with making his Majesty to Exercise his four Magnalia with the consent of these four Councils , 't would puzzle his Politicks to tell me the distinction between them and those principal Tables of the Scot , what should confine them from Confederating against their King , instead of Consulting for him ? what would signifie his Majesties having a president among those , of his own placeing , when every one of them would be their own Masters , and out of his power to displace ? what should hinder those from protesting with their old Rebellious Assembly in Scotland against all their Kings desires , intentions , and Inclinations for the publick good , while they presume their own Maxims the wisest , and their measures the best ? and to tell us that these are to give Account and to be answerable to such a Parliament , who chuses them , is to say a Sidney is the best Judge of the Misdemeanor of a Nevil , most qualifi'd to answer his Quaere whether this project be not a better Expedient than the Justitia of Arrogan , or the Spartan Ephori , or to tell us one that has suffer'd for Treason to a Monarchy , is the fittest to Try him that would betray it to a Common-wealth . The second Proposition in the Parallel is , that Affairs of State be managed by the Parliament , or by such Councils as they shall appoint : The true Spirit , the Life , the Soul of Sedition , that informes , and animates the whole Body of the Faction , speakes here the Dictates of this Daemon this Devil of a Republick ; that has possest the Nation for this five years , with greater Phrensy then e're he did before the Restoration , when by the very Finger of God he was first ca lt out ; and would now return too with more worse than himself , only because he finds it swept and garnisht : For I defie the most diligent Perusers of the most pernicious Libels that were Printed in the most Pestilent time , when Treason was Epidemick , and spread as the Plague it self more than once did ; and that in their Mighty Babylon , their Metropolis too . I challenge even those to shew me so much Penn'd even then to persuade the setting up a Republick , as has so lately been Published in this very piece . His Majesty upon the presenting these their Proposals I have parralleld , told them they designed him for a Duke of Venice ; and that they only dared to do , when they had bid him defyance to his Face , and made him fly for refuge to his Friends , when they had a fund for Rebellion in the City ; A General , and an Army in the Field ; but here we have a single Republican declaring expressly for the good Government of the Venetian , Arraigning of our Monarchy , condemning of our Courts , reforming of our Councils , only to set up their Republick , for the framing their Decemviral , the constituting their Quarantia , the making every Member of Parliament ; but a Noble Man of Venice , and his Mighty Prince , that presides in it by Law as a Principal Head , but a plain puny Doeg ; and all this at a time the Government stood firm upon its Foundations , and the best of Basis its Fundamental Law , to what an height of exalted Insolence was the very Soul of Sedition then aspired to , to suffer such a Serpent to see the Light that hist at the sight of a Soveraign , and spit its Venom in the very Face of Majesty . And whatever Recommendation this virulent Republican gives us of the Venetian Justice , he would find sufficient severity , sublim'd Cruelty , instead of Law , distributed to such daring Offenders , as should offer at a Monarchy there , tho but a mixt ; and of which they seem to have some necessitated resemblance in their constant creating of a Duke , as if there were yet some remains of Royalty left which they could not extirpate ; and like Nature it self whom all the Art of Man can never expel ; the Libeller would not be long then without an Halter ; the Jealous State would soon send him the sight of his Sin , and Sentence together , and that by the Hands of his Hangman , and some little Gondula to Ferry him to the deep . No Magna Charta , no Petition of Right , no privilege of a Tryal of Peers , or even a Plea allowed to the Prisoner ; and whom with a Praevious Sentence too , they many times dispatch assoon as seiz'd : And shall a Monarchy here founded upon on its Fundamental Law , and that for fifteen hundred years , be invaded with impunity , by the Pen of every virulent Villain , each Factious Fellow that can but handle the Feather of a Goose. I confess , when they were arriv'd here to their Acme of Transcendent Villany , when Vice had fixt her Pillars here , and that in an Ocean too , but of Blood ; when they had washt their Hands even in Insuperable Wickedness , and shed that of their Prince , when by a Barbarous Rebellion they had subverted thebest of Civil Governments , our Monarchy , and establisht their own Anarchy , a Common Wealth , then they might well be so bold , as to write their Panegyricks upon their own Usurpation , when they were to be paid for it by the Powers instead of Punishment . Then they might tell us ( as indeed they did ; ) that the greatest of Crimes was the committing of High Treason against the Majesty of the People : That the Romans gave us good Presidents for Rebellion , in the turning out of their Tarquins , and the Government together ; that Caesar Usurpt upon the power of the People ; Marius and Sylla on the Jurisdiction of the Senate ; Pisistratus turned Tyrant at Athens , and Agathocles in Sicily ; that Cosmus was the first Founder of a Dukedom , and a fatal Foe to Florence ; that Castruccio made himself the Lord of all Luca , and oppressed the Liberty of all the Freeborn Subjects of the Land ; that all our Kings from him they called the Conqueror , to the Scottish Tyrant , were but the same sort of Usurpers upon the power of the People . All this with much more Execrable Treason was Printed , Publish'd , and Posted through the Kingdom , with Approbation of Parliament , and which we shall in its proper place represent in its own blackness , black as Hell it self , the seat of such Seditious Souls , full of Anarchy and Confusion ; But why we should now have so lately left us such daring desparadoes to retrieve to us the same Doctrine , to tell us that Affairs of State must be managed by a Parliamentary ; that is in their own Phraseology a meer popular Power , could proceed certainly from nothing but the deepest , the most dangerous Corruption of the Times ; from the desperate Condition of a Government , ready to be undermined , by Treachery , Plot , and Machination , brought so low ; that it did not dare to defend it self ; and its boldest Assertors so far frightened into a dishonest and imprudent sort of Diffidence , as to distrust the strength of their own Cause ; and that was evident too , from the sad servile Complyance of some fearful Souls , otherwise well affected , that seemed to give up their Government like a Game lost , that had rather sink then swim against the Tyde . But for a more direct Answer to this Proposition we shall shew , that Affairs of State must be managed by our Monarch ; that matter of Fact has prov'd it by Prescription ; that it is our Kings Prerogative by the Lands Law , and his unquestionable Right , by the force of Reason . For the first 't is evident from History , that for above 600. years , near a thousand before the Conquest , we had Kings that had an Absolute and Soveraign sway over their Subjects , as appears from the most Antient Writer of our British History ; it is apparent that all our Monarchs , Britains , Saxons and Danes exercis'd unlimited Jurisdiction without having their Affairs Govern'd by any estabisht Council much less a Parliament , and that to be prov'd beyond Contradiction from the several Authors , that Lived , Wrote , and were Eye Witnesses , of the manner and Constitution of their Government , and then sure must be suppos'd to understand that to which they were Subjected , from those good Authorities can be easily gather'd that the power of Peace and War was always in the Prince , that they were Govern'd by him Arbitrarily and at his Will , that he call'd what Councils , of whom , when , and where he pleased ; so far from being Limited , that the most popular Parliamentarians would be loth his present Majesty should prescribe to such an Absoluteness , and which nothing but the kind Concessions of some of his Predecessors , to their Clamourous Subjects has given from the Crown and dispens'd with that power and right enjoy'd by their Royal Ancestors . 'T is strange and unaccountable that those which stretch their Wit and Invention for this power of Parliament , and run through all the Mazes of Musty Records , for the proving it so Ancient , yet will not allow that of their King so long a standing , and which after all their fruitless Labour lost proves at last nothing but the Council of their King , those Noble and Wise-men he would please to Assemble ; their Gemotes the name of that most Ancient Assembly implying nothing more , as appears even from their own Cook himself , and their Commons whom this Author would have now so great as to Govern his King ; far from having the least concern in publick Administrations , there being in all Historical Accounts of 〈◊〉 Antient times no mention of them in those very Conventions ; whereas Nobles Bishops , and Abbots are expresly nam'd . The greatest Colour they have for ' its Conjecture is only from the word Wites or wise-men which Constituted their Witena ; and the Prefaces or preambles to all their Laws imply that they were with the assistance of the Wise-men , made by their King ; but can any person of sence and Impartial , conceive this Term the more applicable to the Common sort of People and meer Laymen , than to the Nobles the Bishops , the Lords ; and then as we may well believe the most Learned of the Land ; their Literature sure was then but little , and then I am sure that of the meaner Layity must be less , certainly the word Wites will import no more than an Expressive Character of those Qualifications , such Nobles were suppos'd to have that are still expressly said to be summon'd ; and to say that by Wise-men were still understood the Commons ; such an Emphatical denomination could not be so well resented by their Lordships , since it would seem in some sence to Exclude them from being so , but as a Learned and Labourious Answer of this popular point has observ'd , and what will nearly make it Vnanswerable , that in thir Laws when the Senate was generally signified and the whole Constitution it self , then Wise-men or Wites expressed it ; but where any sort of the Constituent Members are Particulariz'd there you 'll 〈◊〉 nothing but Nobles nam'd ; so that such an Assembly , and that all of the Nobility , depending upon the choice and Election of the 〈◊〉 , was not much more than our present Privy Council : But then they were able to make Laws , and these now but Orders and Proclamations , and Parliaments then were so far from Usurping upon their King , that they were in a Literal sence but his own Counsellors . But were it granted , what the Faction so furiously contend for , that Commoners were understood by the word Wisemen , they were still far from 〈◊〉 such a Senate as 〈◊〉 wherein they now sit , only some few 〈◊〉 joyntly with the Nobility , call'd there by their Soveraigns sole Summons and Choice ; and this is granted by one of their most 〈◊〉 Advocates , when he tells us the Dr. has only found out what no Historian is unacquainted with , that our Parliaments were not always such as now Constituted ; if so , why then all this Labor for the proving them such ? why so much of the Commons Antiquity Asserred ? why must the Press be pester'd with three or four Volums for the purpose ? Laborious Drudges of Sedition ! 't is not there Antiquity you so much contend for , and so little able to defend ; the pains to prove them Antient , is only in order to make them more Exorbitant : M. P. must Print their Rights , and that at a time when they were even ready to Rebel , and with a superfluous piece of Sedition tell them of their Power , when all good People thought they Usurpt too much . Hunt must Harangue upon their Integrity to their Prince , and State , when some have since suffered , been proved Principal Actors for the Destruction of both : These like the Roman Velites , were fain to Skirmish in the Front , and entertain the good Government their Foe , with a little light Charge , of the Commons power and priviledge , faithfulness and sincerity ; 't is a Plato they permit to bring up the Body to the Battle , and assail it with the Subjects supremacy , and making the Commons a standing Council for the management of Affairs of State , and the better Government of their King , poor prejudic'd Souls , that to please a party contradict themselves , give all History the Lye , and then constrain themselves to believe they tell a Truth ; you say Parliaments were not always so powerful as now , and won't you be satisfyed then they had once less power . All our Chronicles tell us our Kings of old , never allowed such Priviledges to the People ; and cannot this People be contented even with an Usurpation upon their Kings . And as it will from those Authors cited before plainly appear , that the old Britains , the Saxons , and Danish Princes were far more absolute than of late our succeeding Sovereigns : so was the Conqueror , the Norman too for several Successions . Consult Alfredus that lived in his time , aud writ down to it , or Gulielm . Pictaviens . that writ a Treatise of his Life ; who tho an absolute Prince by Conquest and Arms , yet themselves will allow that he governed by Laws , and that our English ones too ; yet those very Laws , were then of such a Latitude , that they allowed him what his Parliament of Lords would never have allowed had he been obliged to consult them , he singly ordeined , what of late has been so loudly clamoured for , that no Prelates should have any Jurisdiction in Temporals , and disarmed all the common People in general throughout the whole Kingdom ; the first themselves , tho such Sollieitors and Petitioners for the compassing it , would not now allow his Majesty alone , to exclude from their Votes , ( tho for their own Satisfaction ) without an Act of Parliament , and for the latter they 'll hardly allow , tho granted by the Law , and tho it be only disarming and securing some Seditious Souls that disturb the Peace . William the Second layd his own Taxes on the People ; a sufferance no Subject can sustein now but with his own consent and Permission , he could forbid his People by Proclamation not to go out of the Kingdom , not to be done now but with a ne Exeat , a Writ and Process at Law , confirmed , as all others are , by Act of Parliament . Henry the First had as great a power and prerogative , and exercised it too ; punishments before his time , which were Mutilation of Members , he made pecuniary ; provisions for his House which were paid in kind ; he made to be turned into Money ; an Alteration of Custom and Law , not now to be compast but by particular Act : Baker makes him first to have instituted the form of an High Court of Parliament , and tells us that before , only the Nobles and Prelates were called to consult about Affairs of State : But he called the Commons too as Burgesses elected by themselves ; but this can't be gathered from Eadmerus the much better Authority , who in the Titles and the Stile of near Nine or Ten Councils of his time not so much as mentions them . King Stephen what he wanted , and was forc't to spare in Taxations , which were not then granted by the suffrages of the Common People , tho they commonly bear the greatest burden of it ; tho he did not according to the Power he was then invested with , raise great Sums upon his Subjects , and the greatest Reason , because he could not , the Continual Wars having impoverisht them as well as their Prince ; and it has the proverbial Authority of necessitated Truth , That even where it is not to be got , the King himself must foregoe his Right ; yet this mighty Monarch's power was such ; that Confiscations supplyed , what he could not Tax ; and as our Historian tells us upon light Suggestions , not so much as just Suspicions , he would seize upon their Goods ; and as I remember the Bishop of Salisbury's Case in his time confirms : But tho the Menace of the threatning King , the Text , be turned now into the clear Reverse , and our Kings Loyns , no heavier then the very Finger of some of his Predecessors , still we can find those that can preach him down for a Rehoboam , or some Son of Nebat that makes Israel to Sin. Henry the Second resum'd by his own Act all the Crown Lands that had been sold or given from it by his 〈◊〉 , and this without being questioned for it , much less deposed or murdered , whereas when our Charles the First attempted only to resume the Lands of Religious Houses , that by special act of the Parliament in Scotland , had been settled on the Crown ; but by Usurpation were shared among the Lords , when 't was only to prevent their Scandalous defrauding of the poor Priest , and the very box of the poor , to keep them from an 〈◊〉 , and even a cruel Lording it over the poor Peasant , in a miserable Vassallage beyond that of our antiquated Villains ; and when he endeavoured all this only by the very Law of all the Land , by an Act of Renovation , Legal Process , and a Commission for the just surrendring Superiorities and Tyths , so unjustly detain'd from the Crown : but our modern Occupants of the Kirks Revenue , had far less Reverence for the State , chose much rather to Rebel against their Prince , for being , as they would Phrase it , Arbitrary , than part with the least power over their poor Peasants , which themselves exercised even with Tyranny : This was the very beginning of the first Tumults in that Factious Kingdom , and 't is too much to tell you in what they ended . Richard the First had a trick I am sure would not be born with now , he pretends very cunningly to have lost his Signet , and puts out a Proclamation , that whoever would enjoy what he had under the former , must come and have it confirmed by the new , and so furnisht himself with a fine fund ; he could fairly sell and pawn his Lands for the Jerusalem Journey , and as fouly upon his return resume them without pay : And all this the good peaceable Subject could then brook , without breaking into Rebellion , and a bloody War ; and as they had just then none of their Great Charter , that made afterward their Kings the less ; so neither had they such Rebellious Barons , that could not be contented even with being too Great : as they were then far from having granted so gracious a Petition as that of Right ; so neither , you see , so ready to Rebel , and that only because they could not put upon their Prince the deepest Indignities , the greatest wrong . And these warrantable proceedings of our Princes , whose power in all probability was unconfin'd before the Subjects Charter of Priviledges was confirm'd , must needs be boundless , when there were yet no Laws to Limit them ; yet these two Presidents were as impertinently applyed ( by the Common Hackney Goose quils , whose Pens were put upon by the Parliament to scribble Panegyricks upon a Common-wealth , ) to prove all our Kings a Catalogue of Tyrants ; tho the Presidents they brought from those times were clear Nonsense in the Application , and no News to tell us , or reproach to them , that those Princes were Arbitrary , when they had yet given no grants to restrain their Will. Here I hope is sufficient Testimony , and that too much to Demonstrate that our Kings of old , by long Prescription were so far from being guided and governed by a Parliament , as our Factious Innovator would have them now , that in truth they never had any such Constitution ; and the People then insisted so little on their own Priviledges , that they could not tell what they were ; and the Princes Prerogative so great , that even their property could hardly be called their own : But these being but Presidents before their Charters were granted , or the Commons came in play , tho these preceding Kings might deviate from the common Custom of the Realm , in many , that some may call irregular Administrations ; yet the Customs of the Kingdom relating to the Royal Government , in all those Reigns were never questioned , much less altered ; they never told their Kinge then , as this piece of Sedition does now , that their Nobles were to manage their Affairs of State , as well as he would have even a Council of Commons . We come to consider now whether from the granting them Charters , which was done in the next Reign , that of King John , when the long tugged for Liberties , were first allowed , or from the Constitution of admitting the Commons to consult , which by the greatest Advocates can't be made out handsomely , before this Kings time or his Son , and Successors ; who might well be necessitated to Consult the meaner sorts when all the great were in Arms , and wisely flatter their Commons into peace , when the Lords had rebelled in an open War ; tho' still good Authorities will not allow them to be called in either of their Reigns , not so much as to be mentioned in any of their Councils , and that even to the 18 of Edward the First ; wee 'll see I say now whether from these , as they count them the most happy times , That blessed Epoche wherein their Kings were first confined , down to those which Posterity will blush at , the Period of Villany , when this Proposition was among the rest proposed , whither ever the Parliament pretended ( unless when they actually rebelled as they did here , ) to manage their King , and his Affairs of State. The greatest Lawyer , and the most Equitable one , that lived in this Henry the Thirds time , tells us the King has a power and Jurisdiction over all that are in his Kingdom , that all are under him , that he has not an Equal in the Realm ; and sure the Project of putting the Parliament upon choosing of his Council for the managing of his Affairs , or assuming themselves to manage it , certainly would make the Subject have some power over him , make him more then Equal or Co-ordinate , as the more modern Contenders for the Peoples Supremacy very Magisterially are pleased to Phrase it . In the Reign of Edward the First the Parliament declares , they are bound to assist their Sovereigns at all Seasons , and in that very Sessions declared the Supream power to be his proper and peculiar Prerogative , and so far from taking upon them to manage Him , or His Affairs , or the setting a Council over Him as a superintendent . In Edward the Second's time , they several times confirm'd to him the power of the Sword , as his Sole undoubted , unquestionable Prerogative , and that he could distrain for the taking up of 〈◊〉 , all that held by Knights Service , and had twenty Pounds per An. and I think that allowed him to be his own Adviser , when it put him into an absolute Condition to Command . But I confess , his Seditious and Rebellious Subjects , afterward served Him just as these our Proposers did their Soveraign ; took upon themselves to reform his Council , managed His Affairs till they did all the Kingdom too ; deposed him with that power of the Sword , they themselves had several times in his very Reign put in his Hand , as ours also denyed His Majesty the Commission of Array , which they well knew the Laws allowed : But as this Usage was shown to both , so was it done to bind them both , that both might be more easily Butchered . In the following Reign of this unfortunate Prince's Son , too forward to mount the Throne before his Father had thoroughly left it , which he could not be said to relinquish but with his Life ; there I 'll grant this Republican his own Rebel Tenent was as stoutly maintained ; but by whom ? why by the very same Wretches , whom too several Parliaments had condemned , for the same sort of damnable Opinions ; and solemnly sent them into Exile too ; the daring and presumptuous Spencers , who being the first Authors of that Seditious Sophistry , that damnable Distinction of parting His Majesties Person from his * political Capacity , that is , making Allegiance no longer Law , than their King could maintain his Authority with Arms , for that must be the meaning of such Treasonable Metaphysicks ; for if they 'll owe but Obedience upon that political account of his being a King , assoon as they can but find out some blessed Expedient for the proving of him none , that is , Misgovernment , † Arbitrary Power , ‖ Popish Inclinations , and the like pretty Pretences to make him fairly forseit it ; why then truly all the Majesty vanishes like a Shadow , before this New Light ; and if he can't hold his Scepter in his Hand with the power of his Sword ; why they have Metamorphosed Him into a common Man , and may pluck it out with theirs . And truly the Peoples Politick Capacity is such , they will soon make their Kings uncapable ; when once they are grown so strong in the Field as not to fear it : Here was the Rise of that Rebellious reasoning that run all indispensable Obligation of our Obedience to the Prince , into the Capricious and Arbitrary Conjecture of the People , whose Title , and Deposition must depend upon his own Demeanor , and that to be decided according to the diversity of thought , which in a discontented Vulgar deserves the better Epithet of Distraction : The good King would have a Right to his Crown , as long as his kind Subjects would be pleased to think so ; and we have more than once found , their Politicks have too soon made them uncapable to Govern ; and then deposed , and murdered their very Persons , for the want of this their politick Capacity : I am sorry to say , and posterity will blush to hear , that such Seditious , and sophisticated reasoning obtained even to the making * Three mighty Monarchs in a most miserable manner to miscarry ; and it appears still too plain in their Prints ; and those too Charactered in Royal Blood ; that they never 〈◊〉 severing our late * Soveraign's Person from his Crown , till at last his Head too from his Shoulders . I could not but with some passionate Digression reflect upon this pernicious Principle ; and so the best of it is , I can be but pardonably impertinent ; but which I would apply pertinently to this Republicans and Parliamentary Proposition for their managing all State Affairs is one of the Consequences that may be drawn , and which those Sycophants , the Spencers did actually craw from this their damnable Doctrine , for so they did conclude from it too ( as well they might ) That in default of him their Liege Lord , his Lieges should be bound to govern the Affairs of State ; and what Newes now does this Devilish Democratick tells us ? Why the very Doctrine of two damnable Parasites , whom themselves have condemned for above two or three hundred years agon , who to cover their own Treason ( as they then too call'd it ) committed against the People ; and that but in * Evil Counselling of their King , invented very cunningly this popular Opinion , to preserve themselves , and please the Rabble they had so much 〈◊〉 . And could after so many Centuries , after so long a series of time , the Principles even of their execrated Enemies , by themselves too ; be put into practice , and what is worse still , shall the sad effects that succeeded the practising it so lately , encourage our Seditious Libellers for its Reimpression ? if this most Rebellious Nonsense must re-obtain , all their declaratory Statute , the determin'd Treasons of their good King † Edward may pass for a pretty piece of Impertinence ; they may do , as once they truly did , they may Fight , Shoot at , Imprison , Butcher the Natural Body , the Person of their Soveraign , and tell us the Laws designed them only for Traytors , when they could destroy him in his politick . The same Laws make it Treason to compass his Queens Death , or Eldest Sons ; and must it be meant of their Monarchs being Married in his politick Capacity ; as well as murdered , or of his Heirs that shall be born by pure political Conception : they might e'n set up their Common-wealth then , if these were to be the Successors to the Crown . But yet with the same sort of silly Sophistry , that they would separate the Kings natural Capacity from his political ; did the same Seditious Rebels as Iremember , make their own personal Relation to a politick Body Inseparable ? Rebellious Lumps of Contradiction ! shall not your Soveraigns sacred Person be preserved by that Power and Authority derived even from the 〈◊〉 ? and whose very Text tells us , touch not mine Anointed ; and yet could your selves plead it as a Bar to Treason , because perpetrated under a political Denomination , and a Relation only to that Lower House of Commons , that was then , only an incorporated Body of Rebels and Regicides ? and this was told us by that Miscreant * Harrison , the most profligate , the vilest , the most virulent , of all the Faction concerned in that bloody Villany , the MURDER OF A KING ; the silly Sot had it infused by his Councel as Senseless , as Seditious : That it was an Act of the Parliament of England , and so no particular Members questionable for what was done by the Body . I consess the good excluded Members , and the bubbl'd Presbyterian Senate would not allow it for a Parliamentaty Process ; and why ? because themselves did not sit in it ; and truly upon that unexpected and most blessed Revolution , might hugg themselves , and shrink up in a silent Joy , that they were kept out : And I cannot but smile to see * two or three sit upon the Bench , and upbraiding the Prisoner , for pulling them out of the Parliament , and making themselves none ; † Persons whom Policy had only placed there , when the poor Prince was forc't to compound with a party for a Crown , forc'd to prefer those that had dethroned his Father before , only the better to settle himself in it , and to compass more easily the punishment of those that murdered him after , Persons , ( and a great one too , that I could name , ) that have serv'd him as ungratefully since , and been as deservedly rejected ; Persons , that had his late Majesty's Arms , been but as Victorious as his Cause was good , had been as much liable to the Laws , and their Crimes as Capital for fighting him in the Field with an Ordinance of the House , as those that brought him to the Scaffold , and Butchered him on the Block ; from the time that their Tumults forc'd him to fly from their Houses , they were no more a Parliament , than those were afterward that pulled them out , and it lookt a little loathsome to see some sit a simpering , and saying , all Acts must be past by the King , who themselves once had helpt to pass many without ; and they could no more justify themselves ; ( had it been but their turn to be brought to Justice , ) by their Memberships , political Referrences to the two Houses ) then the Criminal at the Bar by his Relation to the Rump . I have their own Authority for it , their very * Houses Act , that they declared , designed , and actually made their King a Prisoner : For they told the persidious Scot , that his denying their Propositions , ( and what were those but Expedients to destroy Him ? ) had debar'd him of his Liberty ; and that they verifyed too , ( when they had got their poor purchase at Holdenby ) in a usage of their Prince , with a restraint , that would have been Cruelty to a Peasant ; and which even his very Murderers enlarged when their Joyce took him from his Jaylers : And I am sure t is provided , that to Imprison him till He assent to Proposals , shall be * High-Treason by particular Act , as well as to Murder him , is made so by the 25. And whatever the Mildness of ‖ Mr. Hunt , the Moderator of Rebellion would have this Mystery of Iniquity , would not have it so much as remembered ; it was these his own darling Daemagogues , whom he defends and adores ; and that even for † Restorers ; who stript him in his politick Capacity , anticipated his Murder , and then left his naked Person to be persued by the * Wolves that worried it ; they had turned their House into a Shambles , and that of Slaughter ; and were the Butchers the less Bloody , that only bound Him , and left to their Boys the cutting of his Throat : yet this Barbarity must be defended ; this extenuated by them , and the help of their Hunts , and such Advocates ; the guilt not to devolve to each individual Member , because an Act of an Aggregated House . But base Caitiff's ( to use even the very * Lawyers own Language , ) your selves know that a politick Body may be guilty of a most political Treason , and tho the † Laws tell us it has no Life or Soul , and so can't suffer ; yet it s constituent Members may lose both , be Hang'd and Damn'd in their proper Persons , and that for committing it too against such another political Constitution . It would otherwise be a fine Plea for Corporators , that have been many times Defendants in the Case , when their King has been Plaintiff : And against whose more dangerous Sedition there was lately made special Provision by a particular ‖ Oath . Lastly , to conclude the Confutation of this sad silly sort of Sophistry , this Seditious Nonsense , 't is shrowdly to be suspected that from the same sort of Sophisters , fallacious Inferences was first insinuated that prejudicial Opinion ( I call it so , because it looks like a Doctrine of some concerned party ) That Societies were not punishable in the next World for the Villanies they had committed in this : That is , the Members were not to suffer there , for what they had acted in Relation to such a BODY here : this Religious Absurdity has been publisht by some Seditious Pens from the Press , I wish I could say not imposed upon Loyal ones too , both from that and the Pulpit ; for Errors , especially when coloured with the bait of Interest , tho first hatcht by the Brooders of all bad Principles , till well examined may delude the very best : I know it may be returned with some seeming Reason , that Crimes committed here , as a Member of a body politick , can't well in Justice be laid to the Charge of any particular Person hereafter ; for upon the dissolution of the natural one , the Relation to such a Community ●●asing , the Guilt and Crime contracted should dye too : But the Judge of Heaven has declared he won't be mockt , tho they thought those of the Land might . How contentedly would some of the Regicides have given up the Ghost , could they have pleaded to the Almighty their Innocence of the Royal Blood , from the shedding it in Parliament ? But tho National Sins , may require reasonably the sufferings of a Nation , and no more than what for this very Sin , our own has since suffered ; therefore to suggest the single Individual , the singular Sinner shall escape with Impunity hereafter , because not punisht here , or that because several of them suffered here for that Martyrs Blood ; and the Treasons of an Vniversal Body seem'd to be punisht in as general Conflagration ; that therefore the Criminals have superseded their sufferings in Hell , and may now dare Heaven ; for my part , seems an Opinion as ridiculous as the Popish Purgatory , and their being saved by a fantastick Fire : T is almost an Irreligious excuse for all manner of Crimes and Immoralities ; the Constitutions , Circumstances of Men being so various , that I dare avow scarce any Villany , but may be committed by Communities , or the Politick Relation of the private Person to some publick Society . In short such Law , and such Divinity , would make the worst of 〈◊〉 , ( that is incorporated ones ) fear Hell no more than they would the Hangman , and baffle the Devil , as well as the Gibbet . And I may well here so warmly condemn these sort of damnable Doctrines , when they were so hotly maintained by the rankest of our Rebels and Republicans ; and this very Daemon , this Devil of Sedition , can only countenance his Rebellious Positions with the making use of His Majesties Authority for the Ratification of his Proposals , that is , the Destruction of his own Person : For 't is a great Truth , I wish I could not say an experimented one , that the granting them these Regalia , would not only be an Act to bereave him of his Crown and Dignity , but would pass his very Person into the Donative ; a yielding up of his last Breath , the making himself his own Executioner , as well as a Betrayer of his Trust : This Project is only the pernicious Principle improved ; the late Rebels falsely assumed His Authority , for the Fighting against His Person ; but the prevailing upon him for these Destructive Grants , would make Him truly Fight against Himself . In all the Reigns of the three following Henries , their Soveraign's Supremacy was still 〈◊〉 , and that over Parliaments too , tho one of them was but an Usurper on the Crown , and then I am sure as great an one upon their Privileges ; and tho themselves had placed the First in the Throne , themselves also acknowledged * the Regality of the Crown of England to be Subject to none but God : To the ‖ Second , they acknowledged that to Him only belonged the Management of Foreign Affairs , with Foreign Princes : To the † Third , that he could constitute County Palatines , and grant any Regal Rights per Letters Patents . And these were Matters and Affairs , themselves then declared they could not pretend to , tho this Gentleman would now have them or their Counsel manage all . In Edward the Fourth , and the 〈◊〉 time , 't was always received Law , then made , and should I hope , hold still , that State Affairs were to be manag'd by the Prince ; for it was then allowed for * Law , That if all the Common People of England should break a League , by agreement with any Foreign Nation , it shall still be reputed firm and unviolated if without his consent : And in his very ‖ Sons that Succeeded , resolved by all the Judges and Serjeants , that he was the only Person in the Kingdom , that could do no wrong ; which sufficiently declares him above all them that could ; and then who so fit for all absolute Power in all publick Administrations , than whom the very Law presumes always to do Right ? and whom Reason tells us must be most impartially concerned for the publick good ; having no dependance upon any Superiors , from whom an Apprehension of Fear , or hopes of Favour might prevail upon to degenerate into that servile and sordid Complyance , to prefer his own private Interest before the publick good , Whatever Presumption the Law had of it then , I am sure they have a Prince that justifies the Supposition now ; and then the most ungrateful Paradox , and against Sense it self , for our Seditious Souls to suggest , and insinuate his Real Intentions for their Good , to be nothing but Design and Plot upon them for Ill. An ORDER of Council , with such Sycophants is turned into a trick of Court ; And their Kings Proclamations are 〈◊〉 only because they cannot conveniently , resist , as if the whole Board was packt only to please a designing Prince . But , base Villains , your selves know that his aims have ever been for the publick Peace and Prosperity , even at the same time your dangerous disorders have made it almost inconsistant with his own safety , and security : You see your Soveraign Sit and Act in a Sphere , ( and that only He ) where Favour cannot charm , or Fear frown into Compliance : And who can be supposed , then , besides him , less prejudic'd , or more concerned for your good ? Would you have your Gentlemen of the Shop and Yard take their Measures of the State too ? We have experimented already that those made the very Government a Trade also ; and by those your very Properties and Lives too , would be bought and sold , we too lately saw some Symptoms of that state Distemper ; when some of the Seditious Souls had but gotten the Government of a single City ; and that but under a Soveraign their Supream ; and sure 't is an Argument unanswerable that those Salesmen of his Prerogative would assoon Barter your Properties . See the sad experienced result of all the Democracies since their first Institution ; what was left the poor Lacedaemonians upon putting in Execution , that popular Project , their * Petalism , or Impoverisht Athens her self upon such another Order of her 〈◊〉 ? why both were beggar'd of their Nobility , the Scum , the Scoundrels of the Town turn'd the Mighty Massinello's of the State : The Tod-Pole Train , the product of those beggarly Elements Mud and Water , Lorded it even over all the Land , And those Rulers naturally retaining in this Medley , this Mixture of Sway , the Native Principles of that Abject Matter from whence they came , still as mean as the one , and restless as the other , could never reduce them to composed States , till they had recalled the good Governours they had Banisht before . ‖ you know all this is too true , and your selves too , vile Caitiffs , have owned it in Prints . Lastly , Let your Lords too be allowed for once , your only , as well as it is your beloved Government : Let Aristocracy for once obtain for the best , and Banish your Monarch ; set up that Idol , and fall down to the Gods of your own Hands , that good Government must still be of many , still of as much divided Interest ; there would still be many then to mind the making their own Hay in the fair Sun-shine ; whereas should your Prince perjure himself for the minding only his private concern , and neglecting the publick good ; which he must do if ever he is Crown'd , where an Oath is administred for his very disavowing it ; yet still here would be pursued but the Interest of a single Person , there of so many . When the rash and unadvised Romans had upon that bandied Argument , the Dissoluteness of their Tarquin , the popular president of the Party , for the Banishing of all Kings ; ( as if the Practice of a Rebellious Rome against a single dissolute Prince , and that so long since , could with the same Reason prevail at present , for an extirpating the Government even under the best of Princes ; ) yet this very precipitous Act of Rage , and Rashness , was afterward even by the relenting Romans , as much repented of , and their Error , best understood in their following Misfortunes ; and of which they were soon sensible too , soon saw it in their subsequent sufferings ; for the first Frame of Government they constituted after this Expulsion , was the * Consular ; and one would think that being but of two of the 〈◊〉 among them , that it might have lasted , as indeed the best sort of Aristocracy , coming within an Ace of a Monarch , a Duumvirate : yet even from those they suffered more , than from the first Constitution they had abolisht ; their more immoderate power broke the Laws more † immoderately , than the Lustful , Licentious , and Lewd Monarch , they made to fly with his Fugitive Government : We shall in some other place consider the restless Revolutions they ran through , from their turning out this Monarchy , till they tumbled into it again . This serves only to let us see that publick Administrations , even in the hands but of two of the best of the People , are not always the best managed . What pray better can be expected , when the Optimacy is made up of so many more ? And where then ? into what form ? to whom , shall we run for the best maintaining of this popular Darling ? this dangerous Violation that has been clamoured for , rebelled and fought for , the Peoples RIGHT , but to that Soveraignty , which our very Laws say can do no wrong , to a Monarchy , where Mechanicks can never meddle with Affairs of State , to make them truckle to their own ; or the Nobility so powerful as to be all Soveraigns ; and under what Prince can we better acquiesce for this enjoyment , than the present , that has so often declared for its Protection ? And shall the Speech of some Noble Peer be better assurance , promise more , than the word of a King ? All Subjects under him have either Riches or Honor for their private Aim , to make them act more partially for the publick ; and which the Laws presume therefore they may injure , and have therefore made the greatest punishable , But him exempted from all * Statutes that are Penal : And these sort of Arguments , I can assure them , their King himself has used to prove the publick Interest his own ; and that he alone of all the Kingdom can be presumed most impartially concerned for the good of the publick . A Reason worthy of so good a King , and which the worst , the most Seditious Subjects cannot Answer . Did not the Parliament , in Richard the Third's Time , give even that Vsurper an Arbitrary Power greater than any they can dread now from their most Lawful Soveraign ? Did not * they declare him their Lawful King by Inheritance , tho they knew they made him Inherit against all Law ? Did not they declare it to be grounded upon the Laws of God and Nature , and the Customs of the Realm ? whereas we now can oppose this Divine Right , from the panick fear of making our true Legal King too powerful , and the Succession of a Right Heir must be questioned by our Parliaments now , when their Predecessors declared it unalterable even in a wrong . Did † they not to him but an Usurper , a Tyrant , own themselves Three Estates without including himself , and say that by them is meant the Lords Spiritual , and Temporal and Commons ? and shall the Press be pestered under our undoubted Soveraign , and the mildest Prince , to make him Co-ordinate with the People ? Did they not make particular Provision in * Parliament , for the preservation of His Person , that was the very Merderer and Destroyer of His Subjects ? And shall our 〈◊〉 ones Associate for the Destruction of the mildest Monarch , whose greatest Care is their Protection ? Was this Monster ever questioned or censured for the Murder of several of His Subjects , as well as the more Barbarous Butchery , the spilling almost of his own Blood in his Nephews ? and must our most gracious one stand the mark of Malice , and Reproach , and that only for desending that of his Brothers ? who Reigned more Arbitrary , and managed all Affairs more Monstrously , than this very Monster of Mankind ? And must a Parliament , be now the Manager of the mildest Monarch ? and think him dangerous if not governed , by themselves ? The two Succeeding * Henries had their Power as much confirmed : Henry the 7th . had his Negative Voice , the thing , those Seditious discontented Grumblers , so much repine at , maintained , asserted , for his undoubted Prerogative . It is at present by the Law of ‖ his Time , no 〈◊〉 if the King assent not : A Prince beloved and favoured , only because he was their King ; who tho he had as many subsidies granted , more than any before him , His Subjects you see never thought it a Grievance then to contribute to their 〈◊〉 being Great : but acknowledged his Supremacy even under their greatest pressure : His 〈◊〉 upon penal Statutes * Historians call and the Law , the most 〈◊〉 way for raising of Money that was ever used ; yet still had he the Hearts of his People , as well as their Purses : They thought Rebellion then could not be justifyed with clamor of Oppression , as since by Ship-money and Lone , tho levyed by a King whom themselves had Opprest . The simplicity of those times made them suffer like good Subjects and better Christians , when the refined Politicks of such Authors , and a 〈◊〉 age , can tell them now to be Wise , is to Rebel . I need not tell him who managed Affairs in Henry the † Eighth's Time , when Parliaments seemed to be frightned into Compliance with a Prown , and Bills preferr'd more for the pleasure of the Prince , than the profit of the People : Their Memberships then so far from medling with the measures of the State , that they seemed to take them for their sole Measures ; so far was then an Order of the House from controuling that of the Board : And I can't see that the Peoples * Petition of Right has since 〈◊〉 away too the King's Prerogative ; yet it was affirmed for ‖ Law in this King's Time , that he had full power in all Causes to do Justice to all Men. If the Parliament or their Council shall † manage Affairs , let them tell me what will become of this Power and Law. His Son Edward succeeded him , and tho a Minor , a Prince whose Youth might have given the People an opportunity for an Encroachment upon his Power ; and the Subject commonly will take advantage of the Supremacy , and that sometimes too much , when the Soveraign knows but little , what it is to be a King : I am sure they were so Seditiously Wise in that Infancy of Henry the Third ; and yet he had Protectors too , as well as this : But notwithstanding such an Opportunity for the robbing the Rights of the Crown ; you shall see then they took the first occasion for the asserting them : In the very First year of his Reign , it was resolved that all Authoritie and Jurisdiction , Spiritual and Temporal , is derived from the King ; but this Republican has found out another Resolution of resolving it into the power of the Parliament . And in this very ‖ Reign too , it was provided as the common Policy and Duty of all Loving Subjects , to restrain the Publishing all manner of Shameful Slanders against their King , &c. upon whom dependeth the whole Unity and Universal weal of the Realm ; what Sentence then would the Parliaments of those times have past upon Appeals to the City , vox patriae's , and a Plato Redivivus , upon a Libel that would prove the † Kings Executive power of War forfeitable , and that the * Prerogative which is in the Crown , hinders the Execution of the Laws ; tho I am sure those very Laws are the best Asserters of the Prerogative ? there next resolve would have been to have ordered such an Author to the 〈◊〉 , by the Hands of the Hangman , instead of that Honorable Vote , the thanks of the House . In Queen Mary's Time too , the Law left all to her Majesty , tells her all * Jurisdiction does , and of Right ought to belong to her . In Queen Elizabeth's ‖ Time , what was Law before ; they were obliged even to Swear to be so . Every Member of the House before qualified to sit in it , forc'd to acknowledg his Soveraign SVPREAM , in all Causes , over all Persons : And were their Memberships to be modelled according to the Common-wealth of this Plato , their Oath must be repealed or they perjur'd . Their very Constitution would be Inconfistant with his Supremacy ; they must manage and Command at the same time they Swear to submit . and obey . Was there ever a more full acknowledgment of Power and Prerogative , than was made to King † James upon his first coming to the Crown ? And tho I confess they took upon them to manage Affairs , in his Son and Successors time : yet this was not until they had openly bid him defyance to his Face , and actually declared War against His Person ; then they might well set up their Votes for Law , when they had violated the Fundamental ones of the Land ; yet themselves even in that Licentious , and tumultuous time , could own ‖ that such Bills as His Majesty was bound even in Conscience and Justice to pass , were no Laws without his Assent : What then did they think of those Ordinances of Blood , and Rebellion , with which themselves past such Bills afterward ? so unconscionable , so 〈◊〉 : Here it was , I confess , these Commons of this pernicious Projector , took upon them the management of the State ; their Councils , their Committees , set up for regulating the Kings : Then their † Pillor'd Advocate that lost his ears , as this with his Treasonable Positions , should his Head ; Publisht the very same Proposal in his pestering Prints ; the very Vomit of the Press , to which the dangerous Dog , did in the Literal Sense return to lick it up , still discharing again the same choler he had brought up before , in a Nauseous Crambe : A Wretch that seemed to Write for the Haberdashers and Trunk-makers instead of the Company of Stationers that Elaborate Lining the Copious Library for Hat-cases , and Close-stools , that Will with a whisp , whose fuming Brains were at last illuminated for the leading Men into Boggs and Ditches , Rebellion and Sedition . The Confusion of others only for the confounding of himself , ‖ for a King , for the † Parliament , for the * Presbyters , for every thing , for nothing , but that ONE thing Scribble . Compare the power of his Parliaments , and his Vnparliamentary Juncto ; the meer Lumps of distorted Law , or Legal Contradiction , with the 25th . of Edward . He first deposes his King , and even there then finds his Deposition Treason . Their Divine Baxter never baffled himself more with the Bible , and the Gospel , than this Elaborate Legislator with the Statute , and the Law. William Writ against Pryn too , in one Page proves his King Supream , in the other his Parliaments Supremacy , the most Mutinous Member would needs be Loyal , when it was to late ; and the most Malitious Miscreant at the Pen , Publisht his Memento , when his Money with his Membership was sequestred from his own Home , as well as his self from the Parliaments House , and then palliated it with a piece against his Majesties Murder : I the more Liberally enlarge upon this , because his party the Presbyter would appropriate to themselves from some 〈◊〉 Papers , the Vindication of their King ; but what I am sure in sincerity was their own Revenge , They , the Scot , and the Todpole Spawn of both ; that Independant , made use of unanimously the Defence of their Prince for the Destruction of his Person , and then the differing Daemagogues , with the very same * Pretences strove to put upon each other , that is , both alike , full of the same falshood , both alike , fancyed their own Integrity : they seemed to Labor for the two sublimated Vices , Hypocrisie and self-conceit , whereof the one made them twice Villains , the other double Fools : And this Confounder of Paper , as well as the People , Publisht then , ‖ the very same Principles this starch't Republican has proposed now for new Politicks of State ; Pryn and Plato differ only in this , one Labour'd to make Law speak Treason , the other Sense . Lastly were not the Parliament very tender of this last , this present Princes Power and Prerogative , when they enacted a new * Oath , to be taken by all in Office , for the Renouncing the Trayterous Position , of resisting his 〈◊〉 , with his own Authority : And this Rebellious Proposal of our Republican is to make even the Parliament it self to make use of his † Authority , even for an Usurpation upon his Prerogative ; and when once they come to Manage that , they may be sure they 'll be his Masters too , and I hope 't is now in some Measure proy'd even in the several particulars , I undertook should be so , that our Monarchs had heretofore an absolute Management of Affairs , without an Interfering of Parliaments , which then had not so much as Being , and which were , since they had it never called , as their very Writs express it , but to ‖ consult , that they never offer'd to set a Council over their King , much less themselves ( as this * popular Pedant calls it ) to Manage his Militia , and demonstrated this as was designed , from Prescription , even beyond Chronicle , from the Laws of every Reign , and my little Light of Reason . All the following Propositions are as much against Reason and Law , for the third is , that the Judges be nominated by Parliament ; which as it would divest the King of part of his Supremacy ; so it would make themselves in effect , both Judges , and party , for those , then their own Creatures , would have the Exposition of those Laws , which themselves had made : The ‖ Law allows all the Four Courts at Westminster , to be all Courts by Prescription ; and then let them tell me to whom belongs the power of Electing those that are to preside in it , to the Kings of England , that can prescribe to their Government , even from the very Britains before Caesar ever set Foot in it , neer 1700 Years agon , and with whom , their Courts of Judicature were ever Coeval ? or the Constitution of a Parliament , that first within this four hundred years could be said to have a Being ? and so that which themselves would now controul , had a Priority even in time to their Existence , for near 1300 Years : It is called the Court of Kings Bench : Let them name the Judges ; it must be no longer His , but the Parliaments : 'T is Rehellion in them to assume it , for they must at the same time too take the Soveraignty , the Supremacy ; and 't is that such Seditious Proposals must aim at , and truly do ; for 't is expresly declared for ‖ Law , that the Justices of the Kings Bench have Supream Authority ; the King himself sits there in them , as the Law intends , if the Parliament can chuse their Kings Representatives , they can their King too , and make the most Hereditary Kingdom Elective , before the Reign even of Edward the * First , the Chief Justice of this Court was created by Letters Patent ; 't is out , ever was , and will be out of the Parliaments power to create per Patents , even a petty Constable ; 't is the King alone that by these his † Letters can constitute Courts , and grant all Regal Rights : He can erect a ‖ Court of Common pleas , in what part of the Kingdom he pleases , and shall he that has a power over the very being of the Court , not be able to place his Ministers of Justice in it ? The Chancery is a Court of such Antiquity , that long before the Conquest , we have several accounts of it , tho some that were * Foreign to our Laws as well as Land , would make it commence with the Conqueror . Our very † British Kings are said to have had such a Court , and Ethelred the Saxon , granted the * Chancellorship even in Succession ; I need not , it would be Nonsense to design to prove Parliaments had nothing to do with such Affairs so long before they themselves exsisted ; and in this Monument of Antiquity fam'd for the Distribution of the most Equal Justice ( since they cannot pretend without shame to the power of Electing such an Antient Officer of the Crown ; ) why , what they can't presume to mend , must be quite Marr'd , and utterly Abolisht ; Pryn himself could never pretend , that this Great Officer was the Peoples ; tho that popular piece of Absurdity might have prov'd it too as well he did the rest from the paradox of all our Princes being Elected ; which tho allow'd them from their perverted Histories , yet still those whom they say were Chosen , had the Liberty of Chusing their own Ministers sure ; they can't have the least shadow for such a silly Conjecture , therefore this ‖ Sophister having just so much sense as to conceive from the begging one false Principle the most Damnable Falsehoods can be deducted , concludes , but yet very Cautiously , with a ( beleive so ) that since Kings were first Elected by the People , Officers of the Crown were so too ; that is , first he Lyes like a Knave , and then infers like a Fool. But the Printing and Publishing now the Reasons for the rejecting this Judicatory is only to try how near the natural Sons can tread in the Prints and the very footsteps of the former Rebellion of their Fathers ; for in the Reign of Henry the Third ; when this Mighty Parliamentary Power was first hatcht , far from being brought to the Maturity to which Time and their popular Encroachments have since ripen'd it , then the 〈◊〉 Embryo of State just modell'd and conceiv'd . The Rebellious Barons being then the Parents ; as also a Rebellion since the Nurse of such Seditious proposals ; demanded the very same piece of Praerogative , to have the * Chief Justice the Chancellor , and Treasurers to be chosen by themselves ; and then exercis'd the power when they had got it like so many Tyrants too , that Ostracism upon the Kings Officers of State , succeeded no better then that at Athens , only to make room for so much worse ; the Leaguers in ‖ France Petition their King to remove his Counsellors and Officers , that they might put in others of their own , and shall the Presidents of Papists , and that of Rebel ones obtain , even with our Puritans , to Rebel ; will they boldly own themselves Protestants , and not Blush in the practices of those very Catholicks they condemn . Did not our late Rebels and Regicides show themselves more Modest , and Regular in their Attempts for Reformation , than this more insolent Republican ; they never entered upon Abolishing this Court , till they had extirpated the Monarchy ; it was the ‖ Council of State , that then voted it down ; the Rump it self , the very Nusance of the Nation , had but just thought it convenient , among the midst of all their Innovation , to root out a Constitution so Old ; they had but just Voted for the taking it away , when Pride's Purge came aud scour'd both these Legislators and the Law , and tho then , the Chancery was criminated with the same Aspersions ; we find lain upon it in * this Libel , for † Chargeableness , Dilatories ; yet even by those most virulent Villains , it was allowed , if well managed , to compare with any Court in the whole World ; whereas the ‖ Doctor of Sedition here thinks , that at the best , there is not to be found a worse Tribunal in the Universe , neither was it easily compast even in those Times of Confusion ; there being no less than three or four Bills brought in for the purpose , before they could with the Corrupt Committees of that Council agree on one ; for the Commissioners for this Regulation , understanding as little Law , as they had broken much , had hardly the Sense to propose their own Sentiments in such a way , as might make the Members Sensible , there was any Reason for the prosecuting the very Work they had Undertaken ; they seemed to resolve only to Ruin a Court constituted with the Monarchy it self , before they could agree for the reestablishing another in its Room ; there seemed a sort of Sympathy between that and the Government , both founded , both fell together , and both before the Subverters , had or were like to find out a better ; Livy tells us like it , of another such a sort of rash Rebellious Reformers in Itaely , a distempered State , that fell out with their Aristocracy , and designed a Deposition of their Old Governors , and that only to chose new . But before they could agree upon choice , they found it , I 'll assure you as difficult to get better , as it was easie to destroy whom they thought worse , and , so with a wise Acquiescence , were satisfyed , and sate down with an unintended Submission : It had been well for ours , had they been so wise as to have thought so , and done so too . But so furious were they here , in this very point of Reformation , that tho * they could not agree upon what they would Reform before the Term approacht , the Members that had Voted for the Abolishing , ( as they call'd it , this Corrupt Court ) would not care to pass through the Hall , while it was sitting , but moved to have its Jurisdiction suspended , till they were agreed for the manner of its utter Extirpation ; and on they went with their Legislative Swords , their Armed suffrages , till they past that Second Vote for the new modelling of all the Law , and so not only supprest the Chancery , but that Malignant party , Justice and Equity was Banisht by those very Villains that had broke all the Statutes of the Land. In short , they never did destroy these Judicatures ; but when they did 〈◊〉 their King , they never chose their Judges , but when they had 〈◊〉 the Supremaey , they never can do either without subverting the Monarchy ; for 't is their own Soveraign that sits and presides in them , and the 〈◊〉 Officiate but for him , because not ‖ sufficient for it himself , and therefore has committed all his power of Judicature to these several Courts of Justice . The King is said to Judge by his Judges , 〈◊〉 the Parliament elect them , they are none of his ; they chuse their Soveraigns Representatives , while they would think it hard his Majestie should make the Peoples , or nominate but to a 〈◊〉 Burrough . Thus much for their Management of the State , the next part of the Proposition , is their modelling of the Church , and in that our modern Republican agrees with our Old Rebels , for the depriving the Bishops of their Votes : That was one of the Projects was set afoot , as the very forerunner of our former Troubles , that was publisht * over again in several Papers and Pamphlets now , besides in this very piece : and could they condemn our Fears of a Subversion of the Government , when their Libels in & about 80 , lookt only like the new Editions of those in ‖ 41 , as if printed Rebellion was to suffer but a 〈◊〉 . You shall see how they began with the Bishops just before the last War in their Libels , and then how of late they began to War upon Episcopacy again in their Papers and Pamphlets , you shall see how the Parliament Espoused the Peoples Quarrel to that Hierarchy then ; and how near our late House of Commons was for falling upon the Prelacy now ? Leighton , a virulent Scotchman , led the Dance , with a Zeal like that the Nation it self shewed afterward against that Apostolical Order ; he told the People plainly , they must Murder all the Bishops : And in his canting Phraseology , * Smite them under the fifth Rib. 'T is true the Government of Church and State , stood yet so strong upon its Basis tho shaken with an undermining Plot , that it dared to punish such an Execrable Villain , with the Pillory ; and sentenced he was in the Star-Chamber , to be stigmatised , cropt and slit , and tho the Parliament had not openly declared themselves against this good Government of the Church , yet they had shown such Symptoms of their Disaffection to it , that this Impudent Libeller could presume to make them his Patrons , and present them with his Plea. And I ha'n't found in all their Journal , any Order for so much as the censuring him for such a piece of Presumption . To exclude the Bishops from Voting in their Assembly , the Confederates of Scotland drew up a Libel against them , one in the Literal Sense , full of Scandal and Reproaches : But the denying them there their Rights in Parliament , was soon seconded with the Robbing them of all too they had in the Church , whom they had excluded , they soon 〈◊〉 , and then abolisht utterly the sacred Order , so did also within two years after the good Parliament of England begin with the Prelacy too . Pennington with his packt Petition of Prentices , presented to them their Abhorrence of that Hierarchy , the cunning and counterfeit Commons ; that Honse of Hypocrisie , seemed a little dissatisfyed with an Alteration of the Church Government it self , ( that is ) they did not care to pluck it up presently , Root and Branch , but fell upon another Argument somewhat more plausible , tho to the Zealots less pleasing ; but what in truth was but Introductory to the same thing they more deliberately designed , that they might proceed somewhat like Senators soberly to Sedition : and that was about the Synod , and Convocation , Canons , and Constitutions Ecclesiastical , which they soon resolved to be against the Fundamental Laws of the Land : But these Lay-Members were only mighty loth the Clergy should here have their Representatives , as well as the Laick ; they must otherwise have seen , that such a Resolution would upbraid them to their Faces with a Lye ; for this their Court of Convocation , was as much founded upon Law , and more too perhaps , than even that of the Commons themselves , who with their inconsistent Votes with Contradiction it self , condemned it . Exclude the Clergy , and the very Foundations of your House must fall : Did not former times allow you Representatives , that every one might have an Hand in the Composuion of that , which he had an Obligation to obey ? Banish the Bishops , your Assembly , and tell me by what Proxies the Church shall be represented ; and what shall tye her to the Observation of those Laws , to whose Constitution she gives no consent . For a Thousand Years before they had a being , there were such * Synods Assembled , never called but by the King 's Writ ; and they have no other Authority for their own Sitting ; and might as well have Voted , that their own Assembly , as indeed it was afterward , was ‖ against the Fundamental Laws of the Realm , Prerogative of the King , Property of the Subject , Right of Parliament , and did tend to Faction and Sedition : And tho those Canons and Constitutions were streightned and limited in Henry the † Eight's Time ; and it was provided , that none for the future , that had not the Royal Assent should be put in Execution ; yet such Reverence and Respect , had the Parliament of those Times ( which I think was made up of a better sort of Reformers , than what past their suffrages for the setting aside this Synod ) that notwithstanding that Limitation , they put in an express Proviso , * that such Canons as were made before that Act , so long as they did not contradict Law , should be still in force after , and this was at a time too , when they were so far from being the Bigots of Rome , that they were reforming from Her , and acknowledged their Kings Supremacy even in ‖ several of those Convocations , tho whatever Religion they were of , Common Reason cannot make it a Crime , the countenancing of the Churches Right ; but these Violators of her Privileges soon discovered their Design upon her Patrimony too , for in the same Session , and that soon after , they that thus set aside the Churches Synod , sent up an Impeachment of Treason against its Metropolitan , and that by the Hands of Hollis , a hot-headed Member , whom his Majesty could have made appear , and within a year after did demand for a greater Traytor too : That Honoured Hollis , that lived so long , and so lately to Murder the Bishops once more in their † Peerage as well as Person 〈◊〉 but having gone so far , what they had scribbled down before with their Libels , they soon damn'd with a Vote . And in the same Year past that Bill , that their Spiritual Lordships should have no suffrages in the Senate of Lords . And when they were come to this once , to deprive them of their prescrib'd Privileges , and their Legal Rights , to send twelve of them to the Tower , only because they would not tamely forego the very Church's Birth-right , but entered a Protestation against the betraying of their Trust , you might think their Order it self , tho never so Primitive , never so much Apostolical , was not like to be long liv'd ; for in the very next Year , tho it was the good Kings giving one , when Star-Chamber was abolisht , the High Commission put down , Ship Money relinquisht , with six or seven several Acts besides for disclaiming Privileges , still his Seditious Subjects had so little Sense of his Goodness , that even in that very season of Grace , a * Bill was brought in for Abolishing this sacred Order , Root and Branch ; 't is true , 't was then husht up in the House ; the provident Patriots understood how to time it better , they had not yet come to covenanting , and concluded with the Kirk ; but as soon as they had framed their Holy League ‖ in Imitation of the Scots solemn one , which they afterward swallowed up too , and called their Assembly of Divines by special Ordinance ; then itwas as soon ordained , according to the Resolution of the Lords and Commons , that all that Hierarchy , should be utterly Abolisht , as an Impediment to Reformation and Religion . Thus you see their Mar Prelates , their Pryns , their Leightons , with their Libels , then first led the Dance , for the destroying that Order ; and I wish we had never seen so great an Assembly as the Senate of England seduced to follow them ; but shall we not suggest the danger of a second Destruction , when the same Designs were afoot ? Did not a Temporal * Peer some ten years agon fall very foul upon these Spiritual ones , in a Libellous Letter , that laid all the Obloquies that Malice or Lyes could invent upon their Lordships ? Was not there ‖ Papers Publisht , when the late Popish Peer was to be put upon his Tryal , to prove that they then had not so much as Right to sit as Peers ; tho they never set themselves aside , but with a salvo jure ? Did not they debate it even now in Parliament , where such a thing was never questioned , but when the Order it self was brought into Question ? Did not these † very Republicans about the same time , publish that the Clergys having a share in the Soveraignty , would ever be a Solecism in the Government ? Was not the Paper of Vnion about the same time to be presented to the Parliament , just such another piece as Pennington's Petition ? Designing Knaves ! your selves supersede all such serious Expostulation : Your selves are satisfyed , you had several Designs on Church and State , which you may well disown now , since the sad success seems now to make you Fools too ; that presumed upon your Parliaments patronizing , whatever the most profligate Person could * propose ; and defyed your King for getting better Patriots ; consider only the sacredness of that Order , the Antiquity of the Constitution , and the fundamental Law upon which it is founded . And then tell me whether without Irreligion , Innovation , or Rebellion , by which it once was , it can be once again abolisht ? Malitious 〈◊〉 ! those that in the worst of Times could in publick Parliament ‖ compare them to the Pharisees , to the Dog in the Fable , to the Destroyers of Vnity , upon pretence of Vniformity : yet those were forc'd to confess , that the very first Planters of Christianity , the Defenders of the Faith , against Heresies within , and Paganism without , both with their Ink , and with their Blood , were all BISHOPS . And here I am sure Establisht even with Christianity it self , a Convention of them being called by Austin , the first Founder of it here : The † Noble Peer , that was for Clipping the Wings of the Prelates , was compelled from the Suggestion of his own Conscience , to allow , forc't in spight of Faction , to grant that their Function was deduced from all Ages of the Church ; a Function confirmed by the Apostles ; a Function dignifyed with the Piety of the Fathers , a Function glorified in the Blood of the most Primitive Martyrs , admired by all the Reformed Churches abroad , and till that time flourished in our own at home . The Sacredness of the Institution , you see is sufficiently declared ; the Saviour of our Souls , sending such to work out our Salvation : His Embassadors , his own Apostles , sent their Successors , the primitive Martyrs , and least Laborious Cavil and Industrious Detraction , should make these primitive Prelates be bare Elders , prime Ministers , or Assembly Men , the very Text , the Testament it self , tells us , even in all its Translations , they were BISHOPS : tells us that was their Title ; his Disciples , his own Emissaries officiated under that Denomination , and all our ‖ Ecclesiastick Writers deliver it down to posterity , that by that very order all the Christian Churches throughout all Asia , where they were first Establisht , to their Progress Westward , as far as they were propagated , were all under their Government and Jurisdiction . I need not insist on it , on their being the most Divine , or the most Antient Order in the whole World , Envy , and their Enemies , Faction and their very Foes confess it , all that 's left is to shew how the Laws of the Land confirm it : And that those of the very Britains , 〈◊〉 themselves , and Danes demonstrate : the Brittish ‖ Bishops were Assembled in a Synod for a thousand years agon ; and Athelstan one of the First Soveraigns of the Saxons , ( with whom I am sure they never then disputed the Legislative ; ) even in his own * Laws allows them the Management both of Matters Civil as well as Ecclesiastical , from a just Presumption of their Knowledg in the Statutes of the Land ; they presumed as much upon their Equity , and Justice , and made them Managers of all the Measures and Weights , and such was their publick Administrations then , and so since , that they were still made the Chief Ministers of State , which made them not only Famous in their Ages , but beneficial to posterity ; and tho I never enjoy'd the Benefits of their Bounty , shall for ever Reverence their pious Memory . It was from their Liberal Largesses , most of those solid seminaries of sound Learning and Loyalty , were first founded and establisht : They can boast of more Bishops , for their Founders , than ever Kings for their nursing Fathers , tho their Princes goodness was the more to be admired in preferring those that did so much good ; and were these , thou venom'd Head , the ‖ Vipers of their Age ? the Cheats , the Hypocrites of those Barbarous Times , whose blessed , and most Monumental Labours , can make the most Civil ones now to Blush ? In the time of the Danes , the first Harold himself , call'd Harefoot , at a Convention of the Princes and Prelates at Oxford was Proclaim'd , and Crown'd King by Elnotheus , Archbishop of Canterbury ; and sure then the Law allowed him to meddle with Matters of State ; In all our old Councils * for five hundred years before the Conquest ; and for above two hundred after , Bishops and Abbots , made up the best part of those petty Parliaments , and that so long before these Contenders for their excludeing them their suffrages , ever sate in that Assembly as part of the Senate . And that antient piece that tells us of the ‖ manner of holding Parliaments , tells us too , that such Ecclesiasticks were always summoned . Seditious Souls ! let those that are to take Care of them too , have the same Subjects Liberty , you so much Labour for : Let Bishops be allowed their Birth-Right , as well as your Lay-Lord-ships too ; your † Magna Charta , was made for the Loyal Bishops as well as the Rebellious Barons , and that expressly declares the Church shall enjoy all her Rights inviolate ; and tells us as plainly , one of them was to sit in Parliament ; your selves know a discontented * Canterbury , and I hope you 'll side with him because he was so , claim'd for four hundred years agon , his Privilege of Peerage , in Opposition to His Prince , petitioned for his Right , and protested against the wrong , for fifteen hundred years , for so long our Monarchs can be Chronicl'd , can in every Reign , the Clergies being concerned in Parliament , be proved upon Record , and may they with the Monarchy last , that with its Christianity commenc'd : They seemed always to sympathize in their very sufferings , never to cease but by consent ; and Bishops were never excluded from their Votes ; but when their King himself had never a voice . The Sixth pernicious Principle they propose is for Marriages , Alliances , Treatises for War and Peace to be put in the power of the two Houses : And shall the meanest Subjects be Mightier than their Soveraign ? Not allow'd the Marrying his Issue when , where , and to whom he pleases : That the Parliament has presumed to intermeddle with this undoubted Prerogative of the Soveraign , ( since the Birth-Right of the poorest Subject , ) can no more be denyed , then that the two Houses have also actually Rebell'd too ; but they never pretended to make Matches for their Monarch , but when they were as ready to make War too : There was somewhat of that Mutinous Ferment got among the Members , in the latter end of King * James's his Reign , who tho they mightily soothed their Soveraign , with some Inconsiderable subsidies , for the recovery of the Palatinate ; so small that notwithstanding the Preparation for War , the poor Prince was forc'd to pursue Peace , and to tell the Men at Westminster so much too , that he intended to compass the Palatinate with an Allyance with Spain , which he was not like to obtain from the smallness of their Subsidy , and Aid : But tho the Commons did not care much for the maintaining the War , they were as much startled with this seeming tendance to Peace ; they knew their Prince poor , and therefore thought that the time to show the Subject bold : and so began the Puritan-Party to represent in a Remonstrance , Popery , Power , Prerogative , and their Averseness forsooth to the Spanish-Match . The pious Prince tho none of the boldest to resist an invading People ; yet took the Courage to tell them they took too much upon themselves , very warmly forbad them farther to meddle with his Government , ‖ and deep Affairs of State ; and particularly with the Match of his Son , with the Daughter of Spain : And this account they 'll surely Credit since it comes from an * Author , a partial and popular Advocate for this power of Parliament . And did not the Commons intermeddling with an other Spanish Match of Queen Mary's , send their Memberships into the Country to mind their own Business , and were presently Dissolv'd for meddling so much with their Soveraign's : And this I hope will be as † Authentick since it comes from an Author that has had the Thanks of the House . But this Disposal of the Kings of his own Children , and the Marrying them to what Princes he pleases , has such an absolute Relation , to the making Leagues and Allyances ; that the Laws ; which have declared the latter to be solely in the Soveraign , are as Declaratory that the other is so too ; and this power of the Prince of making War and Peace , Leagues and Allyances , is so settled in him by the Laws of the Land that till they are subverted , it can never be taken out . In Henry the Fifth's Time , a Prince under whose Courage and Conduct the Nation , I think , was as Flourishing at Home , as it was formidable Abroad : A Prince that kept a good Sway over his Subjects , and wanted nothing to the making him a good Monarch , but a better Title ; though his Expensive War in France , cost his People a great deal of Money , as well as Blood ; yet they were far from being animated into an Invading this part of Prerogative ; but declared , as appears by the Law of his Time , that to their King belonged only to make Leagues with Foreign Princes ; and so fully does this Fundamental Law of the Land place this power in the Prince , that it absolutely excludes all the Pretences of the People ; for it tells us ‖ ‖ expressly , that if all the Subjects of England , should break a League , made with a Foreign Prince ; if without the King's Consent , it shall still hold and not be broken : And must the Laws of our own , as well as those of all Nations be subverted , for the setting up a Supremacy of the People , which both declare is absolutely in the King ? The Seventh Proposal about the Militia is the most Impudent , because it has been the most confuted of any , by Reason , and baffled above all parts of the Prerogative Establisht by 〈◊〉 : History tells us , ever since Chronicle can Compute , and that is for almost Fifteen Hundred Years , that the Power of the Sword was ever in him that sway'd the Scepter ; and Statute tells us , even the very First * that was ever reckoned among Acts of Parliament , That if the King lead or send his Subject to do him Service , in his Wars , that he shall be freed from such other Services , as Castle-guard and the like , so that you see that extorted Instrument , the result of a REBELLION reserved this piece of Prerogative of the Soveraigns Sole Right . That the Members of the two Houses should have the Management of the Militia , was undertaken to be proved too by that Plague of the Press , Pryn himself , who proceeds upon his own false Principle and Premises which he beggs , and then may well draw from them a Conclusion of an absolute Lye ; for he takes it for granted , that by the Kingdoms Suffrages they made their King ; and them he could not ( as he says ) have this * Military power without the Peoples consent ; but why may it not be with less Presumption supposed , That a Parliament by special ‖ Act declared Traytors , pitcht upon Him for their Pen-Man against the Prerogative ? and then it may be more easily concluded , that Pryn was the most prejudic'd , partial Person , that ever put Pen to Paper ; for in spight of his Factious Heart , he must be forc'd to confess , that not only this very Charter of Liberties settled this Militia , but that it was confirmed to the King , almost in every Reign , by Act of Parliament , since the Time the very FIRST was made . To the very Son and Successor of Henry , that Great Confirmer of the great Grant , they declare , * that to the King belongs to defend Force of Armour , &c. All that held by Knights Service , the King could distrain them for the taking up Arms. By the Laws of the very next ‖ Reign : And in his Son and Successors that Usurpt upon his † Father's Right before it could be call'd his own , they declare the manner of his Mustering and Arraying the Subject ; and this they did too to Henry * the Fourth : A Prince that had truly no other Title to the Swords of his Subjects , than what he had gotten by the Conquest of his own ; yet so necessary was this inseparable power of the Prince , thought then to be solely in him by the People ; that they Acknowledg'd it to be absolutely even in him , that could hardly pretend to the Crown ; so inseparable from the Right of Soveraignty ? did the Laws allow this unalterable part of the Prerogative , that they have declared it Inherent even in such a sort of Soveraigns as seemed not very well qualified for an Execution of that Royal Power , which the Judgment of their very Parliaments decreed to be entirely theirs . They resolved it to be the Right of the Prince , in the Reign of a ‖ Child ; They resolved it so , when Subjected to the Government of a * Woman . The Commission of Array was revived again to King † James , in whose Time they resolved it such a Necessary Right of the Crown ; that they repealed for it the very repealing Statute of the Queen : This their * Oracle tells us , and that in those parts of his Works , which the Parliament that opposed this very power in their King , themselves ordered to be Printed ; yet themselves could as impudently Assert against the Sense of the very Law they Published , against the very Law that was reviv'd , but in his very Father's ‖ Time ; that his Son and Successors , ( tho necessitated for suppressing such Insurrections as themselves had raised ) † could not Issue out such Commissions of Array ; tho the very preamble of the Act declares the very purpose of it was to prevent and preserve the Prince from such Rebellious Subjects . And in truth the Rebels were Conscious of their Guilt ; and that it was which made them resolve not to know the Law : But presently represented in a Declaration , that this Commission was contrary to the Laws of the Land , and the Libertie of the Subject ; tho the very express privilege the Statutable Right of all their Kings Royal Ancestors ; but would not those wicked Miscreants have made even the Crown an Usurpation in their King , that just before ‖ declared , that it was against the Laws and Liberties of the Kingdom , that the Kings Subjects should be commanded to attend him at his Pleasure : And ordered * that if they should be drawn in a Posture of Defence for their Soveraign , the Sheriffs of the County should raise Forces to suppress them ; and then how can the most prejudiced partial Person presume to tell us that this their Kings Commission , was contrary to the Liberty of the Subjects , when they set themselves in Contradiction to all the Laws of the Land , in the very Declaration that denyed him his Array . Their Eighth Proposition is for the Forts and Castles , and that the Fortifying them be in the Parliaments power ; but even that too , base Caitiffs , your selves know to be by the very Letter of the Law in the Kings , the very Charter of their own Liberties , in this point confirms also the Soveraign's Right , where it is provided ‖ that the King can dispence with the Services that are due for the keeping of his Castles , when he sends those that ought to do them , to serve in his Host : By the very * common Law and Custom of the Realm before ; there was alway such Services due to the King , for the keeping of Castles : And certainly they were lookt upon then to be in the Disposal of the Prince , when the Subject was but a Tenant to serve him in his Fortifications ; And this Chapter of their very Charter I hope proves sufficiently not only that the King can command his Castles to be defended , but send his Subjects any where for his Defence , which the Declaration of the Commons did as Rebelliously deny . But besides the taking of the Kings Castles , Forts , Ports or Shipping is resolved , and ever was reputed ‖ Treason ; and were not the two Houses Traytors then by a Law , before that of this King made them so by Statute , when they ordered * upon the London Petition , and that of the Cinque-Ports , that all his Majesty's Forts and Castles should be presently fortified ; that no Forces should be admitted into Hull , without the Consent of Lords and Commons , seized their Kings Shipping , and made Warwick Vice-Admiral of the Fleet ; This was a sort of accumulated Treason , whose every Individual Act was truly so ; as if they designed that the Statutes should not declare more things Treasonable than they could dare to commit . My † Lord Cooke tells us , whom they cannot but believe , that no Subject can build a Castle , or so much as a House of strength imbattailed , or any Fortress Defensible without the Soveraigns consent , much less sure shall they seise those that are the Kings , and Fortifie them for the People ; and tells us again the * same in his Comment upon the very Charter of Liberties ; and will not that neither with our Licentious Libertines be allowed for Law ? Is not all the Military power both by Sea and Land declared the undoubted Right of His present Majesty , and that by particular ‖ Act in his own Reign ? does not the very preamble of it seem to provide against this very Proposition of such a Parliament or a Plato ; when it tells us expresly , that all Forts , and places of Strength , is and ever was by the Laws of England , the Kings undoubted Right , and of all his Royal Predecessors , and that neither both , or either Houses can , or ought to pretend to the same ; and declares that all the late Principles and Practices that assumed the same were all Rebellious ? And could some of our Mutinous Members , embrace such Propositions from the Press , that presumed to tell them they had of late made two such Impertinent Acts in the House ? † Acts invading the Subjects Property ; Acts betraying the Liberties of that very People they represent . In short , and that in his own Words , Acts , that empower the Prince to invade the Government with Force , Acts to destroy and ruin the State , hindering the Execution of the Laws , and the preventing our Happiness and Settlement ; had they had but the least Reverence for their own Constitution , and that Honorable Assembly wherein they sate , sure there would have been some Ordered and Resolved for the sifting out such a Pen-man , and sentencing such Papers to the Hangman , and the Flames ; what can be the result of this to sober Sense , or Common Reason , that such Villanous Authors should appear in publick at such a Session of Parliament , to Censure and Arraign the very Acts of their former Representatives ; but that they thought themselves secure from any Violent Prosecution from those that then were sitting ; and that it was not the Constitution it self of that most Honorable Assembly , the Seditious Sycophants were so Zealous for , but only the present Persons its Constituent Members they so much admired . The last , the Tenth of those pretty Proposals that deserves particular Animad version , ( for several of them Symbolize with one another , and so are by a general asserting of the Kings Supremacy sufficiently refuted ) is the Parliaments Right to the making Peers , the prettiest Paradox , that the Abundance of Sedition , with the want of Sense could suggest ; I have heard the Laws declare the King to be the Fountain of Honor as well as Justice ; but the Commons I think as they are no Court of Judicature , so were never yet known to be concerned in the making Lords . The King whom only our ‖ Law declares to have no Peer , is sure the only Person that can make Peers ; has not this Power been unquestionably in the Prince ever since these Realms had one to Rule ? was not the Title of Baron in Edward the First 's Time confined expresly to such only as by the Kings Writ were sommoned to sit in Parliament ; And even when there was an Innovation in this Point ? In † Richard the Second's Tumultuous Time , this Power was then not taken from the King till they took away his Crown ; did not he take upon him to confer the Peerage , and as the first President per his Letters Patents ? And Beauchamp Baron of Kederminster the First of that Creation ; did the Parliament ever pretend to make Peers , but when the Body had rebelled against the Head and rejected their Prince ? But the Creation of Honors might well then be inverted , when the State it self was turned Topsie , It was then I confess they denyed their King too , not only the conferring of Honors for the future , but passed an * Act for Voiding all Titles , Dignities , and Precedencies already given by him : But this was done to extinguish the very Remains of Royalty , that there might not be left behind him , the meer marks , the Gracious Dispensations of the very Favor of a King ; the inveterate Villains labouring with their Monarch to Murder his very Memory : And sure none of the Nobility have great Reason to relie upon Parliaments for the maintaining of their Old Honor or creating New , for the Privilege of their Peerage , or the making Peers , when the very First thing that they did , when they had got the Power , was an † Ordered and Resolved , that the House of Peers was useless , dangerous , and ought to be Abolisht : And all the Kindness their Lordships could be allowed , was to be capable of being elected into the Lower House ; and what an Honourable House of Lords was afterward Establisht , even by those that had purged away the Peerage , may be seen in the Persons of those that Usurper put up afterward for Peers , But under the Name , the Notion of that other House , when they granted that power of their Nomination to that Arch Rebel , which they but so lately denyed their Lawful King , why we had there then † Lords of no quality , no worth , little Land , and less Learning . Mr. Hewsons Lordship , that Honest Cobler , Sir Thomas Pride's Lordship , Knight and Dray-man , My Lord James Berry Black-Smith , My Lord Barksted the Bodkin-Seller ; and the Cant of their Counterfeit Cromwell , their Creator , might well tell them from the Text , not many Nobl's , not many wise were called , but a Creation according to the very Notion of the Schools , An House like that of the World too out of nothing ; framed by Him that had Himself * Sworn to be true to the Government without , founded in the Perjury of him that made them Peers , and of Persons that would have disgrac'd a Pillory : Persons prefer'd for their little Honesty , little Quality , little Sense , Persons whose Lands and Possessions could only qualifie them to be Noble , by being purchased with the Blood of our best Nobility . Lastly , Persons that were only famed for their Villanies , Mighty but in Mischief , making it an House indeed , not of Peers , but Correction , which the very Law tells us must be made up of Beggars and Malefactors . This Gentlemen , was the Peerage produced † by a Parliament's Rebellion to make Peers , of which it was too the most natural Result ; for that very Act upon a Just Judgment , would have Tainted all their Blood ; but they provided here for the purpose , Persons that defied , superseded the Work of an Attaindure ; Persons whose Blood even Treason could not more Corrupt : This , Gentlemen , was the product of that most preposterous Inversion , when the * Commons could make Lords , and their Kings House of Peers , with their very Titles and Honors ‖ Abolisht by an House of Commons ; they seemed to be ashamed of that very Bastard Honor , of which they were brought to Bed ; and could not tell how to Christen the base Bantling they had begot ; till at last some simpering Gossips stept up and Named it , an other House ( i. e. ) an House without a Name . Distracted Dolts ! the Compounds of Madness and Folly ; did you for this destroy your Kings Nobility created by Law , to dignifie the meanest Men , the Vilest Villains against the † Statutes of the Land ? did not you confess that of the Kings Lords to be a Lawful Government , and the best by recalling it , tho compounded of Wretches , the very worst , poor Prodigals ! whose Repentance only rendered you more Miserable , and reverst the Fate of him that fed on Husks , who returned to Herd with Swine . Have we not had heretofore Peers by particular † Act degraded for being a disgrace to their Peerage : Lords whom the Kings Law made Honorable , only their Lands could not maintain their Lordships Honors , and that tho Blood and Descent , had entitled them to it ; whereas many of these their Parliament Peers , had neither Law , Land , Blood or Money to make them so : Did not the Parliament , that very Parliament that Abolisht afterward our English Peers , Petition the ‖ King against Scots and Irish Titles , and told him to this purpose , that it was Novelty without president , that persons should possess Honor , where they possess nothing else ; and have a Vote for the making Laws , where they have not a Foot of Land ; had their own Objection been afterward applyed to some of their own Country , and that pitiful Peerage of their own chusing , they must have Blusht upon the Reflection of their own Thoughts , when they remember'd with what they upbraided their King. The possessions of their Noble Peers , being Just none at all ; or what was worse than nothing , the purchase of their Villanies . It is recorded , I remember , in the Conqueror's Time , that Hugh Lupus , Earl of Chester , upon special Favor of his Prince , being the Son of his own Mother , by a Second Husband , Arlott having Marryed Harlowin , a Noble-Man of Normandy , that his Earldom was granted him by William the First , with as ample Jurisdiction as himself , held the Crown : A power I think beyond any of our present Palatinates , upon which he presumed to make three or four Barons ; but Historians observe it was such an Honorable Concession , as never any Subject before or since enjoyed ; and how they can presume to pretend to it now , I cannot Apprehend . It was alway a particular piece of Providence amongst all Nations , not to render that pitiful and Contemptible to the People ; which they resolved should be Reverenced and Esteemed , and unless we can imagine our Idolaters of the Peoples Peers , would like some Infidels adore their Wooden Deities , only for beeing Ugly and Deform'd ; or like the Israelites Worship Calves of their own Rearing , I am sure that empty Title , with which their Honors of that other House were only full , could draw no other Reverence and Respect , than that Ass in the Apologue from an Image that it carried : This I remember was the result of the Petition of the Portugals to Philip the Second of Spain ; and he I think obtained that Kingdom too , as our Republicans did once , and would again ours , with the Subversion of its Laws , and the Force of Arms ; it was their request , that he would not make their Nobility , ( of which they are not a little proud ) pitiful and contemptible , by preferring such to that Degree : whose Quality could not deserve it , what Peers we had when pickt by the Council of State , What Lords when cullyed out by the Commons ? let those remember who are so ready to forget it . Seditious Sots ! have not the Laws of all Nations , as well as our own , provided that this power be the peculiar prerogative of the Prince , and must these Politicks would Be 's , be wifer now , than the wide World ? Do not the Digests declare ; those Civil Sanctions whose Authority obtain with all Civiliz'd Subjects ( i. e. ) with almost all besides our own , and whose Reason can't be refuted by the best of the Rebellious Republicans that so little regard those , that their so much admired Legislators , their Solon or Licurgus never saw the like , Laws that must be allowed the most Rational by being so generally received , those † tell us , and the World , that the conferring of Dignities , depends upon the Sole care of the Soveraign ; that the Subjects ought not to dispute it ; and such a Religious Observance of this settled Soveraignty do those sacred Sanctions recommend , that they Censure it for a Crime , as great as † Sacrilege it self , to suspect his insufficiency whom the Prince should prefer ; some of those Laws were the Constitutions of Heathens , as well as other of those that afterward learnt Christ ; and had not the Doctrine of his Disciples declared Kings even an Ordinance of God ; the pious Pagans always esteemed their Princes Sacred : and such a source of Honor , was in their Soveraign Emperors , that even against their very Laws , they could allow them to continue those Noble , whom the Marriage with a Plebeian , had degraded from their Nobility , as Antonius Augustus did for his Neece Julia. 'T is Nonsense I confess to talk of the Laws of all Nations , to those that cannot obey their own ; or the Decrees of Emperors , for the Preservation of their Majesty , to those that will break Statutes to Libel their King ; yet still it serves to shew that even in this very point , the Laws so long before ours , † allowed this power to be the peculiar prerogative of the Prince ; and tho we are bound only to submit to the Singular Laws and Customs of our little Land ; yet still ( if in our Senses ) we must be Subject to such Laws as are founded upon an Universal Reason ; and for these Republicks that have revolted from that Regal Government , from whence they must derive their Honors , we find the best of their Nobility to be but Burghers . And the very Nobleman of Venice , this Courteous Author so much Caresses and Admires , one that must make himself so , and at best but equivalent ; ( if such great things according to the Latin Aphorism may be compared with small ) to a Gentleman of England , who wears only a shorter Coat , while the other a longer Gown . 'T is a solecism in Sense to imagin , that Plebeians can concur in conferring that on others which themselves have not the least Tincture of : A Title of Honor . Or that any thing , besides somewhat that is Soveraign , can really communicate it to a Subject : And we have seen , when it was Usurpt , what a sort of singular good Lordships and precious Peers were put upon us ; The Thebans would not so much as admit a Merchant into their Government , till they deserted their calling for ten Years , while the meanest Mechanicks were made Members of our House , and a Tinker of the Army's , just taken from his Tool : The Bishop of Ely was accused only in Richard the First 's Time , for putting in pitiful Officers into publick places of Trust ; and 't is but a little since , a Parliament intrusted our Lives and Fortunes in the vilest Hands . And lastly , this very Libel Lashes one of our * Kings for the preferring Worthless Persons , and makes it even a forfeiture of the power of the Sword ; at the same time that he contends for the People in this point , who were never yet known to prefer any other . An Italian State , as Tumultuous as our own , took upon them once to create a new Nobility ; but assoon as the popular Faction , or if you please the Convention of the People had set themselves , for the Preservation of their Liberties to make Lords ; why truly the Election was like to be of such senseless Scoundrels ; you may suppose a Barksted , or an Hewson , some mender of Shooes , or a maker of Bodkins : But so sensible were those Seditious Souls , that they were like to set up their Servants , that they wisely resolved to retain their old Masters : And I think were not some of us so wicked , we should all be so wise too , since we saw our own distracted Nation was never at rest , Till our Rulers were restored to us as at the FIRST , and our Councellors as at the BEGINNING . And last of all only let me take the Liberty in this last and dismal scene of Sedition to represent , but a bloody prospect of that Harmonious concurrence there is between all sorts of Rebellious Principles , tho projected by Persons of different Persuasions ; Persons that differ in Manners and Customes of their Countries ; Rebels remote from one another in Time ; Rebels as remotely allyed in the Lands ; wherein they live : As if the Sea it self , could not separate such Seditious Subjects , In their Principles and Practices ; that had defiled their Land with such a mutual Conspiration in the Murdering of their Soveraigns ; and let in an Inundation of Blood upon the Subjects ; and this Bloody Correspondency between the practice of primitive Rebels , as well as modern , between the Proceedings of Foreign Rebellions , as well as our Domestick , must result from the Reasons , any sort of Subjects have to resist their Soveraign , which we shall see were at all times , with all sorts still the same ; that is , just none at all , and that appears , in that People of such several sorts , were all forc'd to pitch upon the same Pretences for the Justifying their Treasons : And to make use of the same Cavil and Calumny against their Princes ; when they saw they could never ground any real Accusation . And lastly , to promote the same Projects , and Propositions , almost in a Literal Transcript for the levelling , the raising the Foundations of their several Monarchies , and making themselves the Masters of the Crown ; or rather , this Seditious Harmony of all Rebels , proceeds from their having ever been animated , and instructed by the self same Agent of Hell : the primitive Prince of Faction , the Devil ; and this parity of pernicious Principles , Practices , and Propositions , will appear in the perfect parallel , that there is between the Proceedings of our old Rebellious Barons in England , And the later Rebellion of the late Leaguers in France , and the clear conformity of the Proposals of our Parliament , and the polticks of this Plato to both : I 'll place them in their turn as they succeeded in their time , and let them that would prescribe to Treason , be proud of the Precedency . For the First , the Barons being greedy of Rule , the Commons of Liberty ; ( as a learned Author and * Antiquary le ts us know , ) some of the popular Lords began with the plausible pretext of the Peoples Liberty , when to suppress these Troubles , and supply the Kings Extremities , a Parliament is call'd ; but such an one , as prov'd much to the liking of the Lords , and as little meant to relieve their King , much less to redress the People : The Clamor was of Encroachment upon their Liberty : To silence that , the Charter is several times confirmed : But they finding what a power the Kings Necessities put in their Hands , were resolved to supply him with so little , that it might well keep their King from being Great ; they * force him to the very sale of his Lands and Jewels for Bread , and to turn out of his Palace , because not able to sustain himself in it ; they seised upon Dover his Castle , and the Kingdoms Key , which was Treason for that account , to deliver to a Foreigner , and than a Fortiori for a Subject to take , made Head against their Soveraign , called in French to subdue him : Which when they had done , ( in which Actions none more Zealous than the Loyal Londoners for his Destruction ) what was the Event ? Why our Historians tell us , ( and what are still the unfortunate Effects of a prosperous Rebellion ) Murder , and Sacrilege , and Sword. And the Victorious Barons Lorded it like so many † Tyrants too , till Providence in a more signal Victory restored their Lawful King , and the Subject's Liberty . As the Baron's Wars began in King John's Time , but broke out in a more perfect Rebellion in his Son Henry's , so were the seeds of this Civil Dissention sown in the Reign of Charles the Ninth , and were fully ripened in the Reign of his Son , and that a 3d. Henry too : The Nobles here were disgusted , and soon made the Commons so too : A Parliament there too was thought to remedy those Discontents ; and that as our Henry's encreas'd the Distemper , they told the French too of their Taxes and Impositions , and accus'd their King of Misgovernment for imposing them ; as our Lords combin'd , so these Leagued for the redressing of Grievances , and were first Aggressors in seising Verdun and Tull , two Towns in France , as those did Dover and Hull in England ; * their Henry was forc'd to flie from Paris , his Principal City , His Metropolitan , also of Sedition , and that by Tumult too : And what did it terminate in , but in the Murder of their King too ? The calling in of the Spaniard , that was like to inslave the People to a Foreign Yoke ; and at last weary of the Usurpt Dominion of the Duke of Mayne , that had imposed on them a Council of State too , the Tyrannous Assembly conven'd by Conspiraors , was confusedly Dissolv'd in as much Distraction and Disorder : And the recovered Nation return'd to their Lawful Lord. And did not our own late lamentable Distraction Commence in the Reign of King James , and put all in Combustion in Charles the First ; did not they first practise upon his Necessities , to which themselves had reduced him ; and then remonstrated against such Acts as were the very effect of his Necessity , encumber'd with a War , or rather betrayed into a breach ; they would not suffer the * Father to make Peace , and then denyed the Son the supplies of War : A Parliament is summoned too here , and that serves him just as the two preceding Ones did their Soveraign with Remonstrances of Oppressions : For this the petition of Right was granted them , as Gracious an Act as that of the great Charter ; but nothing could serve unless like that too , 't was sealed in Blood ; and for that they began by Degrees to be so Tumultuous , till this Prince was forc'd to fly his Capital City , and that also , as in the others , prov'd the Head to the Rebellion that succeeded ; upon their ‖ Petition the War was first began ; And Hotham sent to surprize Hull , as in the two former were Verdun , and Dover ; and now was all in Arms , and Blood , which ended at last too in that of their King : The Scots called in here , as in the former the French and Spaniard ; the People enslaved by those that set up for their Protectors : The Council of State , set up here as well as in France , and the ruin'd Realms never at rest , till they had returned to that Soveraignty from which they revolted . It is sad even to see the least thing * now that looks like a prelude , to such a sort of Tragedy : The clamors of Sedition still the same ; Parliaments that are Assembled to redress them ; ‖ Remonstrating against Grievances they never yet felt ; Subjects † Associating against their Prince , for his Preservation ; the draught , the Scheam and abstract of the Baron's Combination , The French League ; the Scotch Covenant : so far from an Abhorrence of either , as to pitch upon a Compound of all three . Designs discovered and detected , for the seising of strong Holds ; the * Tower instead of an Hull ; and the ‖ Scot invited once more to pass the Tweed for a better booty : The Treason of such Practices is never the less , because the Providence was so great , as to prevent its Execution : Had that not interposed the Parallel Lines I am sure would have led us on further ; but all their draught beyond it must have been Blood. A Comparison between the Demands of our English Barons , and the Desires of the French Leaguers , from whence they have copyed as Counterparts . The Propositions of our Parliament , and the Proposals of Plato . English Barons . French Leaguers . 1. That the King hath wronged the publick State by taking into his private 1. That the Disposals of Places , of Office , and Trust in the Kingdom , Election , the Justice , Chancellor , and Treasurer ; and require that they be chosen by the common Council of the Realm ; Parl. Tent. 22. H. 3. be in the Leaguers , vid. Henry the 3d. of France's Answer to their Manifesto , who told them 't was against the Prerogative of all his Predecessors . 2. That it be ordained that 24 of the most grave and discreet Peers be chosen by the Parliament as Conservators of the Kingdom , Baker pag. 8. Ann. D. 1238. Regn. H. 3.22 . 2. That the number of their Kings Council should be limited to 24. D'avila pag. 341. our Propositions were not to exceed 25. or under 15. 3. That those Conservators be sworn of his Majesties Council , and all Strangers removed from it . 3. The City of Paris set up a Council of 16. of themselves , 〈◊〉 their Kings , was to admit Persons whom they should chuse . 4. That two Justices of the Kings-Bench , two Barons of the Exchequer , and one Justice for the Jews , be likewise chosen by the Parliament , ibid. 4. These sixteen so managed the Judges of their King upon a Presumption of their favoring their Soveraign ; that they got three of them strangl'd without process . 5. They brought with them Consciences sull of Error and Schism , against the Laws , and the Canons , 5. That there should be a Reformation in the Church , and no Hugonots , false Prophets fomenting Heresies against the Vicars of Christ. Mat. West . pag. 332. favored . 6. They would not have this Henry the 3d's Daughter marryed to Alexander King of the Scots , and for a long time would give him no aid , which at last with much ado they did . 6. That his Allyance and Truce with the Kingof Navar was against the Interest of his Subjects . 7. At Lewes they took upon them so much of the Militia , that they made their Prince a Prisoner . 7. That the strength of Provence , be put in the hands of the Duke D'Aumarle , or such others as they should nominate . 8. The 24. to dispose of the King's Castles , and no Peace , till all the Forts and Castles be delivered to the keeping of the Barons . 8. Leaguers seiz'd upon the King's City , Castles , and strong Holds D'avila pag. 328. 9. His Councellors elected by the Parliament , allowed him such a pitance for his Houshold ; that they starv'd him out of his Palace . M. Par. 807. 9. That the Kingdom could not be safe so long as the King was environed with Non-confiding Persons . 10. They chose their own Peers called the Peeres Douze . 10. That they might have the Disposal of all Honor , vid. their King's Answer to their Manifesto . This Parliament of those Rebellious Barons , my Lord Cook , that had as much Veneration as any Man for that Honorable Assembly , called the * mad Parliament , the reverse of that of Edward the 3d. which he calls the ‖ good one . And I am sure the Propositions of that in 41 , would have made the Learned Lawyer , ( had he lived to see them proposed , ) pronounced that Senate as distracted too , as that Oxford one of Henry the 3d's ; but it may suffice that special † Act since supposed them in their Witts , in declaring them what was worse ; TRAITORS . CHAP. III. Remarks upon Mr. Hunt's Postscript . THIS Disingenuous Author , with his Hypocritical Apology , for the Church of England , has just done her as much Mischief , as that of Bishop Jewels sincere one , did her Good. That pious Prelate with his unanswerable Arguments , had defended her against all the powers of the Pope ; and this with his Argument , which he Answers himself , has made her all Popish . Never did an Hypocrite pretend to so much Candor , and Sincerity , that had so little Shadow for such a Pretention : His Falshoods look'd as if he designed , and thought , he could have imposed upon the Government and his God ; and , in spight of Providence , to have secured himself from the Justice of that which was established ; and at the same time made sure of the favor of those that were for undermining it . The one was to be blinded with his being Author of the Bishop's Right : The other imposed upon with his Penning the Postscript . But however he deceives himself , the Almighty will still make good his own Word , That he won't be mock'd . He has denounced express Judgment against a double Heart , and the Nation now deserv'd Justice , To such a Sycophant . With what Face can such a Rumper tell us in the tayl of his Postscript , that no Passion or prejudice perverts him against the State of the Kingdom ; when all know that it 's being thus established , not only lost him a place in the Law ; but disappointed him of being an Irish Judge ; and thus the virulency of his Pen , betrays the truth of His Passion , which he would Apologize against with a lye , and that it can rise as high as any Furies , for as deep a resentment of an esteemed Injury ; when the Government all the while was far from doing him any wrong : But if it should meet with him now , I dare swear would do him Right : And this is altogether Reasonable the World should know , that the best of our Rebellious Male-contents , tho' they strive to palliate their Passions and Prejudices against their Governors , with a show of being impartial and indifferent ; that 't is but a meer shadow to cloud the Fire that Glows within , while truly still implacable , impatient , and impossible to be govern'd , and that those that pretend but with Moderation to discommend many things in our Monarchy , have nothing in them , but the meer Malice and Spirit of Republicans . And this will appear from his very first Paragraph that provokes my Pen , He lets us know that the Church of England is like to fall into that of Rome , * by the unpresidented folly of some of her Sons ; Fall , by a Divine Fate , ( as he makes his Holyness to say ) for her folly . That is , ( as he must mean by Consequence ) for maintaining a Divine Right . For to this purpose ( says he , ( Sir Robert Filmer's Books were reprinted , and others for the same . And truly , I am so far of this Gentleman's Opinion , that the good man the Pope may very likely call it a very foolish thing , and laugh at the Doctrine of any Kings Divinity , that endeavors to set himself above all Kings , so that unkind even to himself , and his Friends , the Dissenters ; he unawares ties them up together with the Tenents of the rankest Jesuits of the Romish Religion , and endeavors with the self same Arguments and Objections , to set up the popular Supremacy , that those Impostures do the Papal . But first only let me beg a postulate or two from him that pretends to be a Christian , which an Infidel or Heathen won't deny , much less then one that has the Bible , for an asserting it's belief , viz. 1. That power in general without appropriating it to any particular Government , is somewhat that is Divine , not barely ( as it is exercised by some Humane Beings below ; ) but as it is communicated to such from their God above , that is all so , and hath it as one of his Attributes , any of which is Infinite , and adequate to the Divinity it self . 2. That this power is actually communicated to some Being here below for their better Government and Subsistence , No Humane Beings , but such as desire to live like Beasts , can well deny , 3. That this part of God's Attribute , so communicated to Man from his * own Mouth Dominion imparted cannot cease to be Divine , notwithstanding such a Communication , though to a Creature Humane , all that understand the least part of Divinity will assert ; and without any supernatural Illumination , even from this natural simile of the Sun 's Light , can easily comprehend , which tho' it dart its rays through almost an Infinite Darkness ; yet wheresoever they are extended still remain Light , neither is his own by the Kindness of such a Communication the less . So that taking it for granted which must be , that a power of Government is communicated to us here below by the God that Governs this and all above , and this so communicated , remains still Divine whereever it is lodged , the Question is reduced to this , Whether it appertains to a Multitude as many , or a Soveraign Sole , whether with their St. † Peter , 't is seated in the Ordinance of Man , or the Powers with ‖ St. Paul are ordained of God. That this Divine Power and Right is in Kings , he has superseded my Labor to prove , by letting us know 't is the Opinion of most of our Orthodox Divines , and their Sentiments are sufficient to determine the point , especially in Matters to be proved from the Bible , whose best Explanation one would think must be found amongst those whose Profession it is to expound , unless you would imagine the Bishops the better Readers upon the Statute . Hunt and his Casuists the most Conversant among the Critiques . That this power Divine is placed in the People , I 'll shew it is the Opinion both of viiolent Jesuits , and the most virulent Phanaticks , and their Seditious conspiring in the same sense , the most powerful persuasive with me that their Sentiments are Erroneous , their Position a Lye. Bellarmine * tells us , God has made all Men by Nature equal , and therefore the Power is given to the People . † Buchanan tells us , That they have the Power , and from them their Kings derive their Right . ‖ Parsons proves , Kings have been Lawfully chastised by their Subjects . * Knox says , Princes for just Causes may lawfully be deposed , or bridled by the Nobility * Suarez shows , the Power of Deposing a King , to be in the Pope , or the Common-wealth . ‖ And Calvin seems for suppressing the rage of unruly Kings , as well as the Ephori did those of Lacedaemon . † Mariana a Jesuit of Spain , says . The Common-wealth , from whence the Kings have their power , can call their King to an account . * Beza , Calvin's Successor at Geneva , tells us , The States-men of the Kingdom must restrain the fury of their Tyrants , or they are Traitors to their Country . These few Instances may serve of four or five rank Romish Priests , that have been transcrib'd almost to a word in the Writings of some of the false Reformers of our late Times , and those that truly reformed our Religion so long agon , who so far agreed with the Romanist , from whom they dissented . But whose Errors in such pernicious Principles in themselves might be imputed to the multiplicity of Matters , then to be reformed , which might make them want time for all Amendments , and that Rome , from which they did well , for the more purity of Worship , to withdraw , was ( as an old Aphorism tells us ) never built in one day . But to see now , those that have had all the Advantages of time , Instruction of the former Ages , experience of this , and of what Positions still were the promoters of Rebellion in both : those whose fury against the Romish Faith , sometimes has exceeded the Moderation of the Christian , and whose Zealous Rage has made them preposterously judge , the best reformed Church in the World , our own , Antichrist , 't is matter of Astonishment to see such espousing her Doctrines , wedded to her Principles , whom in their canting Tropologies , they still represent as a Whore : Yet still love for her Lewdness . The Restauration of the King was brought about , he tells * us , without the Assistance of any of the Cavalier party , and the recovered Nation obliged a wary General . The Suggestion is somewhat Impudent so boldly to deny truth , when the memory of man can give him the Lye : prethee did the recovered Nation oblige the Wary General , or the Wary General compel the Nation not yet recovered : 't was well he had an Army at his Heels , and that at his Devotion too , or else his long Parliament would hardly have Dissolved so soon , and then it would have been long before we should have had a free one . The Parliament upon the returning of the secluded Members , was made up of meerly Presbyterian , and how likely they would have brought in the King , had their Session continued to Sit , may be guest from their expiring Votes , ( and sure you may believe the Words of dying Men. ) ORDERED that the General give no Commission to any Officer , who will not declare , that the War undertaken by the Parliament against the Forces of the King , was just and Lawful . ORDERED that they further declare , that they believe the Magistracy , and Ministry to be the Ordinances of God. ORDERED that they and their Sons , who have assisted the King against this Parliament , be made incapable to serve in the next . And had not some of the Honest Cavaliers , in spight of this Exclusion-Bill crept into the next Senate : Had not that Honourable Person , that eminent Instrument of the Restauration , the present Earl of Bath , ( whose bold and Loyal Undertakings , may they last beyond our Annals , and be as they merit eternal ) been ready to sollicite His Majesties Cause , whose Goodness could not but incline so good a General ; 't is shrewdly to be suspected , these his Presbyterians , that cursed then His Majesty with their expiring breath ; in that blessed Vote that sanctified all their Rebellion against his Father , that those that cryed Crucifie him to the last , would hardly have brought him into the City , with their Hosannah's : But when the Net was spread for them , 't is no wonder they did their Garments , and when the Birds that had lived so long wild within their Wood , were once Caged , they might well be for cutting down their Branches in the way , and their greatest glory is ; they cryed out then , their O King Live for ever ! when 't was too late to Vote * again , the Sons of Charles Steward should dye without Mercy . A † Leaf or two , this Gentleman spends upon the Reflections that have been made , upon the Censures that have been past upon the Procedings of some of our late Parliaments , and upon the Forgeries that have been contrived for the creating a belief of a Protestant Plot ; but I hope as much possest as he was , the Devil of Sedition has left him now , as he does Witches and Wizzards , when he has got them in the hold , and brought them to the Stake , sure his Eyes are illuminated now by the discovering so many Deeds of Darkness , and he was only blinded then with too much Light , that of Phrensy , or he that was co-eval almost with the Transactions of the last Rebellious Parliaments , would have observed somewhat to make him suspect the Loyalty of some of the late . Did not that begin with an Impeachment against the Duke of Bucks , and these with the Banishment of a nearer Duke ? Was not the late King by that accused of Arbitrary Power , and Popery ? and were not both these Accusations level'd at our present in several * Votes ? Was there not an actual Plot of Papists discovered only from finding some Letters of a poor Priest in Clerkenwell ? and have we not had a notable one now , as deep as Hell , that none but Heaven can sound the bottom ? Was not the good old Queen brought into the Conspiracy ? and was not Her present Majesty sworn into this ? Did they not declare the King seduced by Evil Councellors , and impeached several of the Seducers ? Were not several of the Council now impeached , and declared Seducers of the King ? Were not the Judges then impeacht , and Jenkins clapt in the Tower ? Were not Articles drawn against Scroggs , and some of the rest declared Arbitrary ? Were not the Spiritual Lords excluded from their Right in Temporals ? and did they not now again dispute the Bishop's Right ? Were not the Ecclesiastical Courts then to be Corrected , and that now taken into Examination ? Was not Manwaring and Montague censured in the House ? Thompson and several of our Clergy , now brought on their Knees ? Was there not a Councill of Six , whom the good old King impeached for bringing in the Scots ? and have we not had Six of the Senators that have suffered or fled Justice for the same Conspiracy ? Was not the Militia aimed at now , and taken away then ? Was not the House of Peers Voted useless , and now Betrayers of the Liberty of the Subject ? Lastly , did not the whole House take the Covenant at St. Margarets , and the Major part to have subscribed an Association now ? and last of all , Did not the Junto at Westminster pass an Act for the King's Tryal , and sign a Warrant for his Execution ? and now a remnant of a disbanded House , propose horrid Things , that made even some of the Conspirators * fly out , upon which ensued a discovered Assassination of their Soveraign ; and was there no danger of a Parliament ? no sign of a Protestant Plot ? Only , because the King did not leave Whitehall , and go down to Hampton Court , because there was no Essex in the Field , as well as the Plot , no King secured at Oxford , as well as in the Isle of Wight , that there was no High-Court , erected at Westminster , but only a better expedient found out at the Rye . If these are Arguments to render an House of Commons unsuspected , and a Plot of the Protestants unimaginable ; if because here are perfect Parallels of Proceedings as even as if drawn with a Compass , Mathematical , and which according to their proper Definition , I could draw to infinity ; yet still there must be presumed a great Disparity between the Subversion of the Government , that was actually compast , and the Destruction of it ; now that was so lately intended . If there be the least Difference between what led to the last setting up an Usurper , an Arch-Rebel , in the Throne , and these late Machinations of Hell to retrieve the same Usurpation ( bating but the Providence that interposed against its Accomplishment ) Then will I own what this Villainous Author will have taken for granted : That those that have the least Suspicion of Parliaments are the greatest Villains ; that a Plot of Protestants proved by Confession is still a Paradox , and that my self deserve , what he has merited , a PILLORY . The Pages that he spends in declaiming against trifling Wit , supersedes all answer and Animadversion , which himself has prevented in being Impertinently Witty , upon the very thing he condemns : The stress of his Ingenuity is even strained in the very declaiming against it : And Settle has not so much answered Himself , as Hunt here his own Harangue . That Gentleman sate down a while for his second Thoughts ; but this preposterous Prigg sets himself in his own glass at the same time a Contradiction to his own Writings . His * Observations upon the perjuries of the Popish Priests is so severe , that the absolute Argument of their Guilt is drawn from their very denyal , their Superstition I abhor as much as the Treasons they dyed for ; but I pity their Obstinacy , which till I am better satisfied I shall not condemn ; his inhumanity is hard , which unless he had good Assurance , by Christians must be blamed ; there is not a Criminal of our latter Conspiracy I will declare Guilty beyond his own Confession , and then there is not one that dyed but whom I can well think Guilty . His next ‖ Observation that is worth Ours , Is that upon the Legislative Power ; and there he makes each of the two Houses to have as much of it as the King , and that I deny with better Reason than he can assert ; that the two Houses are concurrent to make a Law , I 'll willingly grant , 't is my Interest , 't is my Birth-Right : But that which I look upon to be truly Legislative , is the Sanction of the Law , and that still lies in the breast of our Soveraign . If Mr. Hunt that in many places is truly Pedantick , will rub up his Priscian , the Grammatical Etymology will make it but Legem ferre , and then I believe his House of Commons , will be most Legislative , 't is their Duty , their Privilege rather to bring and offer up all Bills , fit for Laws ; and the King still I hope will have his Negative in passing them , the Commons pray , petition to have them past , and that implies a consent Superiour to be required that can absolutely refuse . ‖ the King can with out Parliament charge the Subject where 't is thought for their Benefit , and allowed to dispence with a Statute that concerns his own ; resolv'd by all the Justices , the King by himself might make Orders and Laws for the regulating Church Government in the Clergy , and deprive them if they did not obey , 22. Ed. 3. says , the King makes the Laws by the Assent of the Lords and Commons , and so in truth does every Act that is made , and every clause in it . * Bracton says the Laws of England , by the Kings Authority , enjoyn a thing to be done , or forbid the doing . These are Arguments that our King sure has somewhat more than a bare Concurrence in the Legislative : If not , he must be co-ordinate , and then we have three Kings ( which is what they would have ) and then as well may three hundred . I love my Liberty better than our Author , who has forfeited his ; yet I remember when too much freedom , made us all Slaves . The Extent of the Legislative Power is great ; but then I hope 't is no greater , than the King shall be graciously pleased to grant it shall extend : And then I hope it must be allowed that Equity and Justice must always determine the Royal Sanction too , which cannot of it self make all things Equal and Just , should it stamp a Le Roy vult , at the same time upon Acts inconsistent and contradictory , upon such as were against the Law of Nature , and all Reason ; such would be de facto void : 'T is hard to be imagined such Error and Ignorance in so wise an Assembly ; but what has but bare possibility in Argument must still be supposed : but that it has actually been done , will I prove possitively , and not with some of their illogical Inferrences suggest that a thing must be so only from a bare possibility of Being . Be it therefore enacted by the Kings most excellent Majesty , and by the Lords and Commons in this present Parliament Assembled , ( 't was then first those , that were by special Act since declared Traytors made their King * co-ordinate , assumed to themselves so much of the Legislative , that they left out the Fundamental form , by and with the consent of the Lords Spiritual and Temporal and Commons , ) that the said Earl of ‖ Strafford be adjudged and attainted of high Treason ; provided that no Judge or Judges shall adjudge or interpret any Act or thing to be Treason ; then as he or they should or ought to have done , before the making of this Act , as if this Act had never been made . This piece of Paradox , the Contradiction to Common Law , Common Sense , and Reason , had all the Consents , all the Concurrences that could if possible have made it truly Law , and even his unhappy Majesties forc'd , extorted Complyance . But will any Creature that is barely distinguish'd from a Brute , that can only offer at the mere privilege of his being Rational , debase his very Nature so much as to call it Justice ? Would they ascribe an Omnipotency to this their power of Parliaments , beyond that of the Almighty , and blasphemously allow to this their Created God , what the Schools would not the Divinity it self , to reconcile Contradiction ? but still these Statute Mongers , that can make any Miscellanies of Parliameut for their turn , this they will defend to be Legal , only because it was past into a Law : Let it be so , but still there must be much difference between this their Legality , ( which now in their Sense can be nothing , but the power of making Laws , ) and common Justice , which must be the Reason , for which they are made , and what is contrary to that , and all Reason , by the Laws of God , and all Nations must be null and void , otherways the most Barbarous Immoralities that an Heathen would blush at ; by such an indefinite Legislative would be truly Legal , only because they are past into a Law ; Murder it self made Statutable as soon as ever those that have the power have Sign'd it for an Act. These Suggestions of Consequences are far from being extravagant , because at , present , the Principles that lead to them , are what but very lately have been Printed and Publish'd ; and the very Practices themselves , not long since put in Execution . This * Author I am handling has made his Legislative not to be confined ; and that Plato , we have pretty well examined , allows his People can pass any thing for the good of the Common-wealth ; and then it may Polygamy too , because it was practis'd in his Republick , and is now tolerated amongst the Turks ; and what some Waggs tell us , an indiscreet Member was once moving for here : But that we can have Parliament Murders too , for I cannot call it less , since the Law has declared the Contrivers of them ‖ Traitors , the Case of Strafford , the Martyrdom of their King , are too terrible Testimonies , that our Legislative has been strein'd to make the greatest Injury Law , and Treason it self the Statute of the Land , for they past an Act for the Tryal of their Soveraign , and then declared it Legal , because it was past . Their God Almighty of the Law , † Cook himself , ( whose Words with them , is all Gospel too ) tho he in his Pedantick Phraseology , puts no period to this Power of Parliament , yet in the very * next Page condemns the self same sort of Proceeding ; and that was in the Case , that hard Fate too , of an other Earl as Innocent perhaps also , and as unfortunate : ‖ Cromwell was attainted in Henry the Eighth's time , much after the same manner my Lord Strafford was in Charles the First ; but only if so great Injustice can be extenuated , the latter was more Inhumane : For tho the First was Sentenc'd and suffer'd by Parliament without being admitted to Answer , ( A Proceeding against our * own Laws , those of all ‖ Nations , and of † Heaven it self , against all that was Humane or Divine ; yet Wentworth's Measure was more hard , whom they made to suffer with an Attainder after he had argued for his Life , confounded his Accusers , and convicted some of his own * Judges : The same sort of Severity Sir John Mortimer met with from this Parliamentary Po upon whom they past a Judgment without so much as permitting him to be arraigned ; but these Barbarities of Mr. Hunt's unlimited Legislative , were condemn'd even by this their learn'd Lawyer : ( tho' he would not , did not , or dared not question their Authority ; ) yet damned them ( in his own Words ) * if it were possible to dark Oblivion , if not to be buried in Silence ; but this more Dogmatical Judge with his Postscript , has rather Encouraged such Injustice and Severity , and represented to his Parliament a power they have of Proceeding more unwarrantably , when he tells them , tho the Succession of our Crown be Hereditary , they can alter the whole Line , and Monarchy it self , by their unlimited power of their Legislative Authority . But I shall also shew him that his Legislative power , as it cannot justly extend to such great and impious Extravagancies ( yet , but what we see it has been actually stretch'd to , ) so neither can it to some other things that are less so . In King Edward the Third's Time , there were several Acts past , that took away the power of Pardons from the Prince ; yet all these made void by the Common ‖ Law , because against the Prerogative of their King : And it was resolved by the Judges in King James † his Reign , that Himself could not grant away the power of Dispensation with the Forfeitures upon the Penal Laws , because annext to his Royal Person , and the Right of his Soveraignty : And if what is only Derogatory from the Crown 's Right , and King's Prerogative , shall be actually voided by the Common Law , as we see it did to the nulling three several Statutes ; I cannot see how this Bill of Exclusion , had it past into an Act , would not have been as much null and void ; unless it can be proved that our Hereditary Descent of the Crown , is not so much the King's Prerogative that wears it , as the Pardoning of a Felon , or the remitting a Fine : And that I believe will be difficult to be cleared by those that have spent so much Pains and Paper for its Justification , and our Author himself so much Labors for ; so that even the Common Law it self will anticipate the Work of the Statute : and perhaps his Highness need not have stayed till that of Henry the ‖ Seventh , had taken away his Exclusion , as well as Attainder , and purged away all his Defects , and framed in capacities by his coming to the Crown . I have but two Cases more with which I 'll conclude Mr. Hunts great point of Legislative . In † Edward the Third's Time , an Act was purposely declared void that was past , and the King had declared to give his consent to it . But it seems upon some oversight , or error , it was not actually done : And in the First of * King James , when they recogniz'd his Right , they petition him to put his own Acknowledgement too , without which it would not be compleat and perfect , from which I shall infer , upon the First ; here was an Act past , upon the King 's declaring , he would give his consent ; had there been nothing else but his bare Assent required , that declaring that he would , might have been taken for granted ; and his not opposing it afterward sufficient , not to have rendered it all null and void , and the great Imprimaturs the other two Houses had given it , with their Legislative have might in some Sense made it somewhat Obligatory : But here 't is absolutely declared void as wanting the very Sanction , that makes it a Law , or any thing besides waste Paper . Mr. ‖ Hunt tells us , we would not say an House of Commons can make a Prince of Wales , because the Prince of Wales was once confirmed by an House of Commons : And I 'll tell Mr. Hunt , just such another Tale ; The King cannot make his Coin without Metal and Allay , but does therefore the Metal and Allay make the Kings Coin , 't is his Royal Stamp , 't is his own Impression that makes the Money Currant as well as the Laws . From that of King James we may justly conclude , That if here , as they say , there were nothing required , but barely the Kings consent to the making it Law ; that might well in such an extraordinary Case as this be thought unnecessary to be demanded , since the King , that came so far for asserting his Right , could not but in Reason be supposed very willingly to consent to any Recognition of it . But they knew it might be an Acknowledgement of his Subjects without his Assent : But never an Act of Parliament , without such a Soveraign Sanction . In short , 't is the Privilege of all our three States , Lords Spiritual , Temporal , and Commons ; 't is their Birth-right , and that of every Subject to have a Concurrence in the making all Laws ; ( and why should I , be thought to Love my Native Right less than Mr. Hunt ? ) yet still this Peoples concurrence need not to be Co-ordinate with their Kings , or their Kings , but a bare Concurrence with the People : 'T is a Solecism to sober Sence , to say Subjects can be Co-ordinate with him , to whom they are Subjected ; and as absurd when they would salve it with saying , As such a Senate , they are not Subordinate , when even for that their politick Existence , they depend upon the breath of their Soveraign . 'T is Remarkable to see , and observe , how Providence has defeated , not only all their Attempts upon the Government , but even their most Malicious Suggestions , What pains did he take to turn over his Annals of Scotland , and pick perhaps out of his Hector Boethius , an Author that lived at his University , when he writ , far from the place where the Records were kept ( as a Learned and Ingenuous Author of that Nation observes ) which were the only things that could inform an Historian well in the Descent of the Crown ? or from the prejudic'd Writings of Buchanan , whom none but one so partial as himself ; such an Enemy to our own Government , as that was to the Scots , would have consulted in any thing that related to the Crown , and that only to make his Soveraign descended from a Bastard : He might from that * Author have told us too ; The Scotish Kings have all their Power from the People , and therefore the People's above the King : that the Multitude have the same power over Kings , that they have over the Multitude , who can depose him , and if he won't submit to their Charge , they can raise War against him , or any private Person kill him . But how has Time and Truth convinced the World that his Assertion is plain lye ? and I am sure without it , his Inferrence had been false ; the King 's Learn'd Advocate there has shewn from Records : That Robert the First King of the Stewarts there , was married to this Elizabeth Mure , that she was his first Wife , that from a copy of an Act of Parliament held at Scoon : the Succession was recognised to the Sons he had in his first Marriage , which were the same , Hunt has made first Spurious , and then would not allow them Legitimized by the second Marriage , because the first intervened , contrary to the Canon of the Church , that then obtained , and the Opinion of † all Civilians at present , and as he might have found it in the very Codes of Justinian ; With what Face can he now behold his own Impostures , or turn over a Leaf of his Seditious falshood without trembling ? The most adequate punishment I believe would be to confine him to read his own Works : Blushes and Shame , If he be not proof against both , must torment him more in the review , than he rack'd his tortured thought in the Penning it ; the sham of the Black-Box may as well be credited by the next Age , as this has done that of the Black-Plaister , when such Hunts shall Write their History of King Charles his Court , after the same rate that Welden has that of King James ; when they shall not 〈◊〉 contend at the same time to make Bastards of those that are Legitimate , but Legitimate those that are truly Bastards ; and the one all against Record , Charter , Statutes Ancient ; the other against the many Modern and Express Declarations of their present King : This piece of this Seditious and Discontented Lawyer ; these now unquestionable Falshoods , will be rever'd by the next age as a Revelation , if not sufficiently exploded in this ; and I know that Welden is hugg'd at present by the Faction as an Oracle of Truth , only for giving of his God the Lye , and reputed as an Author sacred only for Libelling of his Soveraign , that was truly so , and representing that Providence as a * Plague to his Royal Progeny , that has signaliz'd it self in nothing more than in Miracles for its Preservation . Most of the rest of his sublimated Sedition is spent in exposing the Divine Right of Kings , the Right of their Succession , and in truth of the Bible , and its Author , the Almighty ; he begins to confute ‖ St. Paul with that bandied Argumentation out of St. Peter that Kings are the Ordinance of Man , and with that very Text on the Front does that Devilish piece de jure Magistratuum , in one of its Editions begin : So Mr. Hunt enters upon the Stage of his Argumentation with a perverted Text , as well as one a reputed Papist , that was supposed to be set a Work by the Pope for raising a Rebellion against our most Protestant Queen Elizabeth , of whom I have two or three Editions by me , such Encouragement does Treason and Sedition still meet with amongst our Puritans , and the Popish part of the World for Re-impression and Improvement ; and from this damnable Libel upon Christi anity it self , and the Badge of its Profession , the Gospel , a piece so lewdly Seditious , that both the Catholicks and Phanaticks that hugg its Doctrine , yet had not the Confidence to entitle them selves to the work ; from this and Brutus his vindicioe has Mr. Hunt and his Apostate , absolutely borrowed all their Principles , at least unfortunately transcribed them by Inspiration , which I may demonstrate with as plain a Parallel as any Corollary can be drawn from a Mathematical Proposition ; when I come in the next Chapter to handle that Reproach to Christianity , that Opprobrium of our Church . In the mean while give me leave to close this with these few Animadversions upon some of this Lawyers Sentences , before we come to the Lewd Maxims of the Divine . * He tells us with Passion and transport , that this Opinion of a Divine Authority in Kings , renders us all Traytors , and this Doctrine of their Divinity is dangerous to the Peace of the Kingdom , and pregnant with Wars . Nothing but a Zeal that had overcome his Senses , could precipitate him upon such Paradoxes , the only thing that prevails most with me ( and I believe with all that are not open Enemies to the State , or fled from its Justice ) for an entertaining of this Religious Principle of our Loyalty , is that nothing can possible with Christians be a better Argument for their living peaceable under so good a Government ; or were it not so good , than to believe that those that are their Rulers have Authority from their God , and sure his Anointed is preserved the sooner from being toucht , from the regard an Heathen would have to any thing that has a power Sacred and Divine : what can be a stronger Conviction to a Reasonable Soul of the good , the peaceable Consequences of such a pious Doctrine , than that those that contend so much against it , are still found to be Disturbers of our Peace ? Can he prove that the Consecration of a Church , and the very presence of God in the Tabernacle shall be an Encouragement for Sacrilege , and an Invitation for a Villain to rob it of its Candlestick , Chalices , Offerings and Oblations : Only that he may break the Tables before the Face of his God , that gave the Law. But whenever our Peace is interrupted by this Doctrine , It is only by such Sacrilegious Desperado's , as dare attempt Majesty , and that upon the same account , for Plunder and Prey . At the last * he is mighty tender of his Fanaticks , and their Throats from the Papists ; but sure he may be now less concerned , when we can match them with an intended Massacre of their own , as clearly proved as the noon-day , but may well be disbelieved by such who can not only side with the Turks in their Arms , but almost most in their Infidelity : But I can tell them a more Ingenuous , a better way of denying their Plot , by confessing it , by owning what indeed it was , a bare-fac'd Conspiracy , a Resolute Rebellion . Hitherto Mr. Hunt has been animadverted on , as his Lewd Expressions , and the more abominable Principles in a Person pretending to so much sincerity lay scattered promiscuously ; so that our Remarks must have made a Miscellany , as well as his Book ; but its whole substance of Sedition , I shall reduce now to three several Heads . First , * That Assertion of the Legisative which he would not allow in the King. Secondly , That Divine Right which he would rather place in the People . Thirdly , That Succession of the Crown to depend upon a Parliament , or the power of both . The first Reason that he gives for the first , is from his Rule , and Inferrence in Arithmetick ; where a Unite added to two makes a Third . And the Conclusion is , because none can say therefore , those two do not go to the making that number , and what then ? Therefore the King hath not the Legislative , and this is the Logick of this Body of Law , when it sets up for the Mathematicks , and would demonstrate the King's Co-ordinacy as plain as a Probleme , and he might have told us too , without turning pedant in his Latinisms of Vnites and Triads , that one and two makes three , which no body can deny ( as the burden of the Ballad has it , ) and here upon the strength of his Performance , he has found out this wonderful discovery : I know not what kind of Figure he would make of the King here ; but I am sure such kind of Seditious Souls could with all their Hearts make him pass for a Cypher , I could find in my Heart to cap the pretty fimile with another as silly ; A three legg'd Stool , take away one and all tumbles to the Ground ; they being all Equal and Co-ordinate powers , for the supporting of this Supremacy in Cathedra , which sounds as well as their Curia or Camera , their old musty Metaphysicks that distinguisht once the King from his Crown . And this obliging Metaphor , will serve Mr. Hunt's turn much better ; For here every foot of this Magisterial Stool , is commonly made of the same Matter and Mold , joint Supporters of the tripple Dignity , whereas his Unite even amongst Mathematicians is allowed somewhat of Precedency , and to be the First , the Foundation of all number . But to be serious ( if possible ) in an Inference so silly , must he not suppose in such a simile of two Figures , which by the Accession of an Unite is made a Triad , and the two concurring as much to the making that number , as well as that one , must he not suppose ( I say ) this to result from the equality of every single Unite , so that one can not confer more to the Composition of this Triad than another : If they be not equally concerned or impowered ; then one would concur more to the making up that 〈◊〉 than the rest ; so that this Law Philosopher , this Cook upon Hereboord will be reduced to this Dilemma , either they do not equally go to the making up that number , or they do : If they do not , he denies his own Supposition , and gives himself the Lye : if he grant they do , then his simile is Nonsense in the Application , and a very begging of the Question : For we say that our Monarch , who , if he please , shall be the Vnite for once , is more than either of the other Two ; and if the peevish Malecontent won't be angry , I 'll tell him more than Both ? his Assent is such an One , as is attended with a power to deny , and neither of them will pretend to the Negative ; and that is the true Reason we find all our Republicans so furiously contending , for the taking away the Kings . It was for this , * Pryn Printed and Pestered the Press : For this he trump'd up his Treatise , That his Majesty 's had not an absolute Negative Voice to deny Bills of Common Right : For this ‖ Plato tells us , That His Majesty having it , evacuated the very ends of Government : For this Hunt Harangues , and says , He is so bold to say , That never any Bill in Parliament wanted the Royal Assent , that was presented by the Desires of the People . ( And I think 't is bold enough said with a Witness : ) For is not this King left at last by the Laws of all the Land , Sole Soveraign Judge , what is really fit for his Peoples good to be past ? whereas he presumes that their bare presenting , signifies the Desires of the People , and that must absolutely determine the Jurisdiction of the Prince . * He tells us , when a matter is moved in Parliament by the King , the Commons consent last , and are therefore the Commons Co-ordinate with their King ? Or does that only signifie , the Candid Custom of the Proceedings in Parliament ? The King is presumed upon his own Proposal of any matter ; the Party ; and they being consulted is only for their ‖ Advice , as the very Words of the Writ expresly have it , by which they are called , and the very Etymology of their very Name , the great Council expresses . Controversies in such Cases will be Eternal , until the Disputants agree in the same Notion of the Thing , they so much dispute : For otherways it is but making of Words , instead of Arguments ; if they mean by the Legislative of the two Houses , a power of Concurrence with their King in the making Laws , and that their Consent is to be required , they labor to prove just nothing , or what they may have without so much pains , and to so little purpose : If they will insist upon the Natural Etymology of the very Word , they will find the Derivative Legislative to be deduced as above , from the Latinism , Legem ferre ; and then in God's Name , let the two Houses enjoy even of that an Arbitrary power , and bring in what Bills they please , so long as they will not again force upon us , an Ordinance or Vote for Law , and the Statute of the Land ; but if their Sense of this Legislative power must signifie , That their Commons , have as much of it as their King , and That 't is that which makes their King Co-ordinate with his Commons , as is sufficiently clear from their Writings , that it is ; then I affirm 't is against Law , against Reason , and a Lye : For the King by the very Law it self hath power to dispence with Statutes ; his Proclamation is a Law , and an Edict , and as much as any of the Decrees of the Roman Emperor's ; with the Advice of his Judges , he will dispence with the rigor of the Laws , if too severe , and resolve their meaning if Ambiguous . Have their two Houses , whom they would have these mighty Law makers , the power of repealing , or so much as altering those very Laws they make , without their Kings consent ? And tho this Laborious Lawyer observes , That neither their King can pass any thing he proposes without theirs ; yet this his power , and that when they have not so much as a Being , Evinces the Prince , at least supream in the Legislative . The Learned in other Laws besides our own , tell us , a Legislative power may partly be delegated to other Persons , tho Subjects , and yet remain in the Prince even entirely , notwithstanding such a Communication ; I confess the Opinion of Canonists and Civilians may not be so Authentick with some , that abhor their very Names ; yet Grotius himself is of that Opinion , and he a Person that our ‖ Republicans can cite even on their own Side ; but our own * Laws allow it , or else I think our Judges too might make themselves Co-ordinate ; because their King's Commission communicates to them all the power of destributive Justice , that is in the King : We are told the King has committed all his power Judicial , some in one Court , some in another , and therefore the Judgements run , Consideratum est per Curiam , &c. and ‖ 'T is resolved , That if one should render himself to the King 's own Judgement , it would be of none effect ; yet for all this it would be false to affirm , That he does not do justice , because he has delegated it to others to be done . The King does not put in Members of Parliament as he does Judges ; yet Peers he makes , and calls them to Sit ; and Commons cannot come without his Writs for Election ; but certain it is that our Kings once had a more absolute Legislative ; for they all know their Lower House commenced but so late ; and heretofore their Nobles and Bishops , but such as the King should be pleased to call : And I cannot imagine that when our Princes admitted the Commonalty to be concerned in the making Laws , they then designed he should lay aside his own Legislative , or put it in Common as they do their Land in Coparcenary ; or in their great * Coke's , the learned Lawyers Language , make an Hotchpotch , a Pudding of his Prerogative . If every Politick Body , that has but a share in this Legislative , must also be presum'd to participate as much of it as the King , I can prove to them every petty Corporation , Co-ordinate with their great Convention of States ; and even a poor Parish , as great Legislators as an House of Parliament ; for by the Laws of the Land , even those can make their By-Laws without Custom or Prescription , if they be but for the good of the * Publick , and if they can but prescribe to it , may pass any private Acts for their own : The Civilians make their Law to be the Will , and pleasure of their Prince : But tho our ‖ Antient Lawyers would not expound that absolutely for our † own , yet they seem to make it but little less ; only say it must not be meant with us of his unadvised Will , but such an one as is determined upon the Deliberation and Advice of His Council . Pryn , that preposterous Assertor of this their Legislative , has furnished them sufficiently with as contradictory Arguments , as absurd as irrational Inferrences for its defence . He tells us in his Treatise * that Kingdoms were before Kings , and then the People must needs make Laws ; ( that I confess setting aside the very Contradiction that there is in Terms : For certainly the Word Kingdom was never heard of , till there were Kings to Govern ; He might as well have told us of a Derivative , that was a long time before the Primitive ) but bating this Solecism in Sense and Speech ; well meaning Will , designed it perhaps for the Word Country that was ; ( I believe as well as he ) antecedent to the King , but must it be inferred , because the Land was once without Kings ; therefore now no Kings must govern the Land ? For the Conclusion is as absurd to say , That therefore the People have the Legislative , and their Prince no Negative ; they do not consider the result of such rash Inferences , which return upon themselves more stronger in the rebound , and that even upon their tenderest places , which they can hardly suffer to be touched . Kings and Lords did a long time meet in Parliament before Commons in that Convention were so much as thought of , and therefore must none now be convened ? The Papists proudly tell us , their Religion was long before Luther , and must we not now profess our Protestant Religion ? Another of the same Nature , and as much Nonsense , is * this , They infer from the possibility of the King 's dying without Heir , and the Government returning to the People who then would be the Sole Legislators ? That therefore they must have much now of the present Legislative , and be at least Co-ordinate that have a possibility of being Supream . The Supposition sounds somewhat like the Song of the Children , When all the Land is Paper , &c. Tho it spoils another good Proverb , That no Man dyes without an Heir ; but the silly Souls do not consider , that by the same Solecism and Supposititious Reason , not a Subject has a Right to a Foot of His Land : For the Law says , All that is in England belongs to the King as ‖ Lord , which if the owners dye without Heirs must escheat to the Crown , and sure 't is as possible for any Subject to dye without Heirs as his Soveraign , when the † Law has taken special Care for them ; and then 't is but turning their possibility of a Right into an actual one , and they will be the most obliging Subjects to the Crown , that bring such Arguments against it . Another of * Pryn's pretty Paradoxes , is the very same with ‖ Hunt's impudent Assertion . I may with Modesty call it so ; since himself says , he dares to be so bold to assert it . It is that our Kings anciently always consented to Bills offered for the publick good , and the Postscript that never any Bill was lost , or wanted the Royal Assent promoted by the GENERAL DESIRES of the People : That Bills have been rejected they 'll find upon Record , and in the Journals of almost every Session ; and whatever is presented in Parliament must be supposed the Desires of the People , who Sit themselves there in Representative ; but the mistaken Gentleman , meant it of the Bill of Exclusion to be the Peoples General Desire : but that at last he finds a Lye too , and that the Generality have for the most part protested against it in Addresses declaring more the Sense of a People , than a prevailing Party in an House of Commons , when the best part of the Nation too , the Lords did not concur . But did not in * Queen Elizabeth's Time ; and that even so lately , the Parliament , and even every Individual in the Nation , desire her to declare her Successor , I am sure with greater Sollicitation , and a more general Unanimity , than they could be said to desire that Exclusion of the present King's ; did not the two Houses offer her four subsidy Bills upon that very Consideration , and she as resolutely reject both ? And could the refusing to shew even a Kindness to her next Successor , upon the importunity of all her People , with Money in their Hands , be less resented ? And shall the King , for declaring only against a Bill that was never tendered him , for declining to concur in this deepest Injury to his own BROTHER and Heir , and to pleasure those only that denyed to part with a Penny , be reproached and condemned so much more ? Did not the Parliament tender to King James three several subsidies to break of the Match with Spain , and the Treaty of the Palatinate , and he refuse tho tempted with what is seldom the Subjects Bait , Money ? How many Bills of Rebellion did the Mutinous Members , and that in the Name of all the People prefer in their Propositions to our Martyred Soveraign , to which the poor Prince prefer'd the most Ignominious Death , rather than condescend with his Veult or Avisera . * Base Caitiff ! ( forgive but your own Billings-Gate ) should these neither have wanted the Royal Assent , because offered in the name of all the People of England , and as the general Desire of the Subject ; if that Suggestion must have extorted his Assent ; then , mighty Miscreant ! he must have past an Act for his own Tryal , Sign'd a Warrant for his Murder , for in that name he was Arraign'd , * in that name he was Sentenced , and in that he dyed . Poor prejudic'd Soul ! whose discontent and Transport makes his own Maxims undermine the very Cause he would defend : Is then this general desire of the People , such an absolute infallible Determination of Matters of Religion , and Descent of the Crown , ( the very only points he labors for , ) that if their Desires be but promoted , put up in a Parliamentary way , by Bill or Petition , it must presently oblige the Royal Assent ? Be it so , base Creatures ! your own Arguments as basely betray your own Religion ; your own Arguments will help truly to subvert , that which you seek to Establish with such a furious , but false Zeal , for ought I know the Protestant Religion had been so setled in its Infancy , in its first Reformation in the Reign of him , that was the first Defender of our Faith , that it could never have been so soon interrupted with a succeeding Persecution , had but Henry the Eighth refused the Bill of the * Six Articles , prest upon him by both Houses , this was Judged a just and necessary Bill from Hunt's General desire of the People ; but had it not been better ? had it not saved the Blood , perhaps of all the mighty Book of Martyrs ? had the sturdy Prince rejected this as he did many other general Desires ? It was this Royal Assent alone , which would to God it had been wanting : And this Sycophant would have wish'd so too , did he really love the Religion , he so salsely labors for . It was the Le Roy vult , the Result of the Peoples importunity that then establish'd Popery by a Law , which had it been but then neglected , that new moulded Mass of Idolatry , standing upon its last Legs , had quite languish'd , dropt into the Grave , and been buryed in the Ruins and Rubbish of its own Idol Houses they demolish'd : For in the latter end of his Reign , so enraged did he seem against some Persons of that Perswasion , that he acted , as if he would have executed their very Religion ; * hanging up some iCarthusians even in their Habits , and mmured nine Monks in their own Monastery , where they dyed . This was it that so settled what they call Superstitious Worship , that it survived the short liv'd Reign of the pious Edward , and in Spight of all his providential care for it's exterpation , run only like the Guaronne that Miracle of a River in one of their Climates of Popery , ( if their Histories of their Country be not Legends too , ) only through a little Province in silent darkness underground , but rose again , and that with greater rage in the next Region : This good Kings Laws about Religion would never have been so soon repealed , the Commons House never have been so forward , as the * Divine Doctor , whom themselves have thankt for it , does make them , for the sending up a Bill for the punishing all such as would not return to the Sacraments after the old Service . Had the Six Articles been but past by in stead of being past into an Act ; they would have had no such Service to return to ; they would have been Strangers to Rome and it's Religion , and tho they were repealed in Edward the Sixth's time , his Fathers ratifying them made them take such root , that his short Reign could never Eradicate ; that left so many Catholicks in the Kingdom , that Commendone the Popes Legate , might well come over to reconcile her Highness's Crown to his Holyness's See. And here had not the Queen ( if such a thing could have been expected from a Sister of that Church so Zealous ) done much better , had she refused the Bills of both Houses , brought her for introducing the Pope's power and Supremacy ? your selves , Seditious Souls ! reproach this Royal Assent with Reflections , so scurrilous upon her Memory that the worst of Monarchs could never Merit , and then only give but Loyal Ones , leave to think that your Excluding Bill , tho never so much the General Desires might have been as much cursed by posterity , when it had entailed upon it Misery and Blood , the common Consequences of a debar'd Right . To come now , after this Ecclesiastical point of the Church , to that Civil one of the State , that other thing this Lawyer Labors for , the Descent of the Crown ; Shall the Peoples general Desires in this too terminate the Will of the Prince ? why then that Monster of Mankind as well as Monarchs did mighty well too , to pass that Murdering * Bill presented by both Houses of Parliament , to make good his own Title to the Crown , by the Butchering of those Babes in the Tower ; for no less could be expected , when it was once taken up by the Tyrant , than their Destruction for the Maintaining it ; so that this Peoples Desires dispatch'd them in the Senate before ever they were strangled by Tyrril in the Tower : Had it not been a much greater Honor to the Prince to have refused such a Barbarous Bill , than turned Usurper and a Butcher for it's acceptance ? Had it not left a less Blot in our English Chronicle as well as upon the Nation less Blood ? ‖ Did not both Houses exhibite a Bill even for the making Elizabeth the best of their Queens a Bastard . And does Mr. Hunt say this desire of the People too , did mighty well to prevail ( as it always ought ) upon the King ? Did not that Royal Assent so blacken his Person , and brought the Nations repute so low , that the very Protestant Princes left him out of their League , whom they had designed for its Head , and look'd upon our England as a lump of Inconsistancy , whom such Vnanimous Leaguers could not Trust ? And was it not in his Reign , That a Zealous * Papist said , It was the Parliaments Power to make a King or deprive him ? a fortiori then , a Popish Principle to destroy , or exclude his Successor . But as bold as this Gentleman thinks himself , when he dares to say , Never any † King denyed to pass those Bills which the People pitcht upon to present : 'T is none of his own Politick asseveration , tho it be but a piece of Sedition : It is no more than what a Seditious Senate ‖ told their King long agon ; A Senate that sate brooding on the pure Elements of Treason , and of which Pryn himself was a principal Member ; A Senate that sowed so much Sedition in one age , that all the Succeeding will hardly eradicate . A Senate that sate drawing out the Scheams and Platforms of a Common-wealth . A Senate that assumed to themselves indeed the Legislative the Nomothetical Disposition of the Law , but they proved such a Confounded sort of Architects in the State , that they drew a perfect plan , a confus'd Ichonography for Rebels to build upon their Babel . Those told us in plain Terms what * these more cautious Coxcombs insinuate with a silly Circumlocution , That the King is bound by His Coronation Oath to grant them all those Bills their Parliament shall prefer . And that they gather from their contradictory conclusion , that bandy'd Banter they have Box'd about in both Reigns for almost these two Ages , the ‖ VULGUS ELEGERIT . I am sorry to find these Seditious Souls not only to want Sense , but Grammar Lilly would have told them more of the Law , and his Constrctuion and Concord , made a better Resolution than their Coke upon the Case . But as the People when they have got the Power , will soon decide on their side the Supremacy ; so these Times did here assoon turn the Tenses , and transfer the past Laws into the Future : and 't is no wonder that those that did the Statutes of their Prince , could dare to break the Head of a Priscian . Is not the perfect Tense much more agreeable to Sense and Reason , here than the Future : The question is , Whether it shall be meant of those Laws , the People shall Chuse , or have Chosen ? I won't object here Our Kings being absolute and compleat Monarchs without so much as taking such an Oath , without so much as being * Crowned , which is the Time it is to be taken ; tho of that the Law has in several Cases satisfied the most Seditious and so resolved their silly Suggestion , The resolution I shall give is the Strength of Reason , and that must at least be as Strong as the Law. Let it be but once allow'd , That their King by this Clause is obliged to pass all Bills that shall be brought , why truly then he Swears with an implicite Faith , to Repeal all the Laws if the People please ; for the bare possibility in such a sort of Argumentation may be supposed , and we as well imagine ( for my Lord Coke tells us we have had ‖ Mad Parliaments ) such a Senate may prefer Bills for the Repealing all the Old Laws , as well as for the passing any single New ; and I am sure 't is no more than what has actually been done in * one , since that Learned Lawyer lived , even to the Subversion of ‖ all the Statutes of the Land ; so that this positive Oath in their sense , may Labour under an implicite contradiction , for while he swears in the latter Clause , to confirm all the Bills they shall bring , It may be extended to cancel all Custom and Common-Law , he is in the former sworn to defend ; Mr. Hunt's General Desire of the People may be for the Repealing the 35th of Edward , as well as that of Elizabeth ; and leave no Law in the Land to punish Treason , as well as Recusants , only that they may commit it with impunity ; for one of those Bills has † twice been brought into the House , and both may be to save their Bacon . And should the King with their Elegerit be obliged ( especially so mild an one ) with an anticipated Mercy to Pardon Villains 〈◊〉 the cutting of his Throat ; and leave no Law to punish perhaps a Rumbold , or the Ruffians at the Rye ; certainly were his Right not in the least Divine this would contradict all Sense and Reason : Suppose Richard the Second took this Oath as well as the rest of his Successors since , and afterwards the general desire of his Parliament , we all know , was that he would depose himself . Senseless Sots ! was , that King sworn too even in his Coronation to confirm his own Deposition . In short , must not this senseless Suggestion put upon the Royal Authority the greatest absurdity against all Sense and Reason , must it not make him swear to confirm those Laws that have not so much as BEING ; and that before he knows whether they will be , good or bad ; Is it not Resolved and that upon Record in the King's Exchequer , where the Words run with some Signification , That the King keep the Laws and Customes , which the Lords and Commons HAVE chosen , &c , But grant them their own Sense ( that is ) Silliness , That Oath , these Malignants of our Monarchy object was made first for an * absolute Usurper that came to the Crown by the Suffrages of such a Seditious Senate , not much Inferior in Villainy to the late long Parliament , that labored so much in this business of the Legislative , or rather less Villains only in deposing a King , whom the latter Murdered , and why a Lawful King should be bound by that Oath , ( did the Laws oblige him to take it , ) which was first offered to an Vsurper , I cannot apprehend ? That aspiring Prince swore too in his Coronation , that he held his Crown by the Sole Consent of the People , shall our present Soveraign do the same , whom the * Statutes acknowledge to hold from none but God ? But do not in that very Oath , the Words they so much labor in , confute them also ( in my poor Reason ) beyond reply ; is not Leges , the Word Laws expresly used ; that it is Laws that the King swears to Confirm , Corroborate , Maintain and Protect : And were the Commons ever allowed , or presumed without a Rebellion to Elect LAWS ? There is not the least of a Bill mentioned in that Oath , and sure they 'll offer to elect no more , and in Gods Name let them chuse to send up as many of those as they please . And sure then these Leges here must relate to those that are really so , and have had the Royal Sanction already , so that they must be reduced to this Dilemna , If they 'll apply their Vulgus elegerit to the Lower House , 't is certain they can make no Laws ; if to that of the Lords , 't is as certain they can't be called Vulgus . Lastly , Laborious Drudges of Sedition ! let but these Laws ye long to subvert while you 'd seem to defend decide betwixt you and your King ; Is it not established by * Statute it self , that the King hath absolute power to Dissent to any Bill though agreed upon by both Houses . But yet in spight of all this Reason and Law , they tell us that the King cannot deny to pass any Bills for the publick good , and which perhaps never can a good King ; for his Refusal of his Royal Sanction determines their Goodness , and they cease to be necessary when the King thinks there is no need of them ; for if upon this their presumptive Goodness , and the Prince as it is his undoubted Prerogative to do , denying his Assent , the People should presume they could with their Legislative , because their King is refractory , as they would call it , pass some Bills into Law from their Assurance of their being good ; that power wou'd enable them to make bad ones too , and allow their two Houses to Judge when to make but one Law , they are as good Judges to make one thousand , or as many as they please , and no end of such a distracted Usurpation ; and that we saw when they began with that Ordinance for the Militia , which was the first thing they presumed to make Law from their Kings ( as their Seditious absurd Phraseology would word it ) Refractory , refusing ( i. e. ) that courageously maintaining his just Right ; when they had thus once broke the Damm , no wonder if the deluge of an absolute Rebellion overwhelmed ; for upon the same ground the Lords might have Excluded both King and Commons for not concurring with them in what Bills and Acts they thought good , and the Commons ( as * indeed they did ) both King and Lords , for being obstinate to such BILLS as themselves had offered . But yet notwithstanding the Kings Refractoriness ( as our Republican Phrases it ) is now trumpt up again for the warranting the Peoples assuming ( as they would have it ) a sort of necessitated Power , and that of calling themselves to Parliament ; for this the * Lawyer in his Postscript Labors with his Innuendo's : For this , ‖ Plato tells us , the Barons did well to put on their Armour , that it is an Omission that ruins the very Foundations of Government ; and Hunt will not have them so much as discontinued , for it renders such Conventions illusory . Seditious Sycophants ! Your selves know this power of their Discontinuance and Dissolution , is the best security the Crown has for its support : Was it not miserably rent and torn from the Head , but of our own Soveraign's Father , and that only because he could not Dissolve them , but had in effect signed his Destiny with their Bill of Sitting during the Pleasure of the two Houses ? Base Hypocrites ! 't is not a Parliaments Sitting you contend for , but the Sitting of such a Parliament , that good honest Parliament , the late long and 〈◊〉 one , which their virulent Villains Libelled for Popish Pensionary , perhaps because it would not take the Peoples pay , long enough might , that have been discontinued or Prorogued , wen ever heard then of the Statutes of Edwards , and the Triennial Acts , but their Pens were employed then to prove even that 〈◊〉 that discontents them now so much . 'T is not above Eight years since their * Pamphlets would demonstrate a Parliament dissolved for being but for Fiveteen Months Prorogued ; and were we but assured of having such another , the Press had never been pestered for the calling one , with their impertinnent prints , nor any Petitions prefer'd for their Frequency . Would you perswade the World your purses are so 〈◊〉 , so free too , that you long for a Subsidy to fill up the Kings ? Dissembling Souls ! the Parliament they clamour for , can proceed from nothing else , but a presumption of one to be their Patrons , to patronize all their Irregularities and Refractoryness to the State , to countenance all those gross abuses they put upon the Government ; they told us this to our faces and Menaced men to make them fear them . Is this the way to have them Convencd to make them formidable ? For Gods sake can you credit that honorable Assembly with making them the pretended Abettors of all your Scandalous Actions : The only felicity we have in such a Senate's sitting , is , That the King must summon them to sit , they are Rebels by a ‖ Law if they convene without ; they must meet and Associate , and the Kings happiness consists in his being able to Dissolve and Discontinue . And this furious , and indefatigable Scribler might have omitted the mentioning of those † Statutes they have beaten so bare , been baffled in so much , and may now blush to bring upon the Stage ; but he shall have his answer here to this too , That nothing of Mr. Hunt's like his managed Mungrel , * Julian , may be call'd Vnanswerable . For the First ; it is the 4th of this ‖ Edward . And I confess in as few words : That a Parliament be holden once every year , and more often if NEED BE. It is all the Letter of the Law and every Line of it : But they might as well tell us too ; that before the Conquest , and for some time after Parliaments were held three times in one year . They had then their Easter Parliaments , their Whitsunday Parliaments , their Christmas Parliaments ; but they know then that they were but so many Conventions of that Nobility and Clergy their King should please to call ; And which they did Arbitrary at their Will more frequently or less , as they thought convenient , and the † Books tell us , they many times were held but twice a year : now if these Gentlemen will tell us so much of old Statute Laws , why should not Custom which is Resolved by the very Books to be the * Common , decide the case too for the King as well as the other , which is their own , must for the People ; and then we find Our Kings had the sole power of Convening Parliaments by a long prescription , of whom , where , and as often as they pleased . Are not all our Judicial Records , Acts of Parliament , Resolved to be but so many Declarations of the Common Law , and that by all our Lawyers ; even concerning the Royal Government , which they make the very Fundamental Law of the Land ; and tell us ‖ That by Common Law is understood such things as were Law before any Statute by general and particular Customs and Maxims of the Realm : Now if Statute must be but Declaratory of these Customs of the Kingdom how can it be concluded , but that such Acts as directly contradict any of them must be absolutely void ; for by the same Reason , that they can with a Be it enacted void any part of it , they may the whole : With the same Reason that they can invade any part of the Prerogative of their Prince , ( which the * Book tells us is the principal part of the Common Law ) they may abolish the whole ; make Killing no Murder , and except Persons from the Punishment of Treason : Does not this Common Law it self void any Statutes , that are made against the Prerogative of their King ? Was it not in this very ‖ Edward the 3ds . time , that it was so Resolved , even to the nulling three several Acts , that put Pardons out of the Princes power ? The boldest of these Anti-monarchical Zealots cannot deny but that by the Common Customs of the Realm , it always was Our Kings undoubted Prerogative , to call and dissolve their Parliament when they pleased : Chronicle confirms it , * Law Resolves it , & may practice for ever maintain it . Now I cannot see why these Statutes that contradict the Customs of the Realm in determining their King to call Parliaments , which the Common Law hath left at his Liberty , should not be as much void as † others that upon the like Reasons have been Resolved so . And if the Common Law can avoid any particular Act of Parliament against the Prerogative of the Prince , as we see it did more than one ( If Stanfords Authoty be Law ) then the Conclusion is unavoidable , That for the same Reason it can any or all . And in my poor apprehension , that Act it self of the late Kings , which reasonably repeals that of his * Martyred Fathers , that Act with which these reproachful fellows upbraided in their prints their deceased King , is so far from countenanceing their clamorous Cause , that it corroborates and confirms our own Case , for it tells us the very Reason of repealing those Statutes : To prevent intermission of Parliaments . And what is that ? but what we say the Common Law would of it self void ‖ an Act ( as they say ) in derogation of his Majestys just Rights and Prerogative inherent in the Imperial Crown of this Realm , for the Calling and Assembling of Parliaments : Nay they tell us besides of Mischiefs and Inconveniences ( the two main matters the Law labours to avoid ) might be the Result of such an Act , and endanger the safety even of King and Subject . And what pray now was this Statute of Charles the First , but what some even of these ‖ Factious Fellows themselves confess , only a Reinforcement of the two Edwards : If it were no more , by the same Reason they are gone too , as being against the King's Prerogative , and in Derogation of his Right . But Factious Fools ! that baffle themselves before they can be confuted by others , the Statute they repealed , did reinforce indeed those of Edward ; but it was with a Witness even as they * resolved it , with an invading the Rights of the King , and endangering the Ruin of the People ; but still 't is true in that latter clause of their repealing Act they prevail upon their King to grant them a Triennial one ; how far obliging I leave their Oracles of the Law to Judge : For if our Kings have had it by their prerogative indefinitely to call Parliaments by Custom or Common Law ; 't is as much against both for him to be obliged to convene them in three year , as two , one , or without Intermission : And I cannot see , how the last enacting Clause is consonant to the Repealing Preamble which is so mighty for the Preservation of the Prerogative ; and we well know under what Circumstances of State , Affairs then stood : the People could not have more than so good , so gracious a King , was even in Policy ready to grant ; it was within a year or two of his being placed upon the Throne of his Father ; And a Turbulent Faction as furious again to pull him out ; A Seditious * Sect had but just then alarm'd him , that were setting up their Christ's Kingdom before his own was hardly settled ; Sots , that thought their Saviour ( the great pattern of a Passive Obedience ) could be pleased with the Sacrifice of Fools and Rebels , and an active Resistance unto Blood , that has commanded us even to suffer unto it , and even in the same Season and Session as damnable a * Conspiracy detected as this Hellish one , so lately discovered , Arms seiz'd , the Tower to be taken , and an Insurrection contrived , the parting at such a juncture with his Prerogative might be the product of his desire to please the People ; 't is too much to take the forfeiture in his own wrong , when in this very particular the same Law provides so much for the Prince's Right . But they 'll tell us , the King by his passing such a Bill , has parted with his Power and Prerogative ; But then do not the Laws tell us , it cannot be past away ? Was it not resolved by all the Judges , but * in his Grandfathers time , That himself could not grant away the Power of Dispensing with the Forfeitures upon Penal Statutes , and why ? because annext to his Royal Person , and the Right of his Soveraignty . And shall it not be so much our Soveraign's Right , which common Custom ; the Fundamental Law of all the Land has invested him with , ( the convening of Parliaments at his pleasure ? ) But for my part , for my Life I cannot apprehend , ( did there lie such a great Obligation upon * his Majesty , from this his own very voidable if not void Act ) how 't is possible to bring him at the same time within the Letter of the Laws of Edward , and by them lay a necessity upon him to make all their latter Act an entire Impertinence : For if by those Laws he be obliged to Call a Parliament at least every Year ; What signifies the latter that allows him three Years for their Calling ? And if he has three years for their Calling , where can lye the necessity for his Calling them in one , for a * Subsequent Stat. that gives such a larger extent of Time , tho it do not actually repeal those Preceding that allow less , yet it must at least render them Illusory , and Vain : And to tell us that the latter is but declaratory of the former Act , when it contradicts the very Letter of that Law , is as absurd as maintaining an Affirmative may be confirmed with an absolute Negative . By all the Rules of Reason , I have met with yet ( and Logick is allowed sure to hold good even in Law , unless the Legislators set up for Brutes and Irrationals ) A Proposition of a larger extent must include that of a less ; which if it does is in this Case Exclusive : For should this Authority , suppose ( to bring the Argument home to their Doors , and then they can't say it is far fetcht ) of the House of Commons , command me to dance Attendance at their Bar de Die in Diem for abhorring or so , and then with a subsequent Order only demand it every third : For my part I cannot apprehend the Obligation there lyes upon me for the performing both , but that the former stands still a Cypher in their Journal , and by the latter is suspended , I could assoon resolve in the Crazyness of the Natural Body , when 't is batter'd with an Ague , that a Quotidian and a Tertian can at the same time assault it together . But Mr. Hunt's Illustrations lying in another Science , Number , and the Mathematicks ; he may demonstrate this too , * with his Vnite and Triad , and tell us One and Two make Three . But to be serious , and that in a matter that so much concerns the Soveraign , ( tho there be no better way of baffling Buffoons ; and Arguments of Fools must be answered , but with Folly ; tho some may think there may be somewhat of sound Reason in such pleasant Similes , for Sense and Nonsense , are become Terms now but merely Relative ; and every Author an Ass , or an Animal of Reason , as his Reader stands affected , we being become parties in that too , as well as in Principles , ) if we would truly know the Sense of a Law ; it must be collected from an Historical Account of that time wherein it was enacted , and I think my Lord Cook ‖ tell 's us as much too , And then turn but to the story of the Times , and see there the Reasons of such Provisions , and when those fail , then must sure the force of such Proviso's too ; for certainly the fourth of this Edward , was made more for this King's Satisfaction , than the desires of the People , and that from the sequel you 'll see , they were not then clamoring for frequency of Parliaments , when they were to pay for it too , and have their Treasure exhausted with their Blood in frequent Wars . He had drawn the Scots upon his back , who in the War like their Old Parents the Picts , were always ready to invade us at home , when ever we attempted any thing abroad . He had before him France in the Front , to whom he was ready to give Battle : And he perhaps presuming his Subjects might be loth to be convened for subsidies so often , as such Exigencies must require , might prudently get them to oblige him for such an Annual Convention , which they must the better bear with , when the result of their own Act , and none of the stretch of his Prerogative : 'T is true the 36. of his Reign is more expressive of the Reasons , for which they should be called ( i.e. ) for the redressing of Mischiefs and Grievances ; but 't is evident that piece of popularity was more for the tickling their Hearts and then they might be soon brought to turn out their Purses ; and those he wanted then too , tho in peace , having begun to beautifie and enlarge his Castle of Windsor , his best Delight , as well as the place of his Birth . And his soothed Subjects seconded it with such singular kindness , that about that time such a three years subsidy was granted as they resolved should be no president for the * time to come ; and these Suggestions I submit to the light of any others Reason , for the Politicks of that Old State can't be expected to be clear in History , since even in Matters of Fact , in many things 't is dark . And such sort of Suggestions seem to sound and salve the Case much better than that forced Solution upon the very Letter of the Law , their if need be , or if there be Occasion : For I am satisfied the Design of those Statutes was to determine their King , tho I doubt of their Force , and that those Conditional Expressions must be Relative to their Antecedent Words , more or oftner ; and so must be meant only of their being called inclusively more frequently within the Term. To leave now this learned Lunatick , this distemper'd Body of Law , and consider him under another Denomination that of a Divine , and zealously discussing with a Rage unbecoming the calmness he professes as well as the Character of such a Profession , the Damnable Doctrine ( as he would plainly prove it , ) of the King 's Divine Right : for he makes it the most * Mischievous Opinion , the most Schismatical , the Destroyer of every Man 's Right , the Betrayer of the Government , Monstrous , Extravagant , Papal Opinion , Treacherous , Impious , Sacrilegious , Destructive of Peace , Pregnant with Wars , produced our own Civil one , and what is worse Plague and Famine , and a Crucifying of Christ afresh . A Black charge indeed for a poor Criminal , that at first sight seems so Innocent . He should have made it a Trojan Horse too for once , for he has made the Belly of it big enough to hold an Army of Men , or a Legion of Devils . If this be the Judges manner of Trying his King 's Right , he would have made a worse Chief Justice for deciding the Subjects . I have heard of some such Sycophants that have prov'd Wolves in Sheeps cloathing ; but here the Cautionary Text is turned insideout , too ; and somewhat of the Lamb drest all in the grisly Garment of the Wolf : And 't is like they had their Dogs ready to worry it too , before they would discover the cheat . I am sure if they won't allow this Doctrine to be Religious 't is so far from being Romish , that those raging Zealots are at present in a Conspiracy with the rankest Papist for the extirpation of that opinion ; as well as the Church , and that is pretty well prov'd from their unanimous pens in the beginning of this piece , and sure they must think those Bigots are as much concerned for the Popes Supremacy as Mr. Hunt for the Peoples ; for His Holiness has the help of Saint Peter to prove his Divine Right from his Person , tho he can't from His * Text. When whatever they would gather from that Apostle , the Lawyers Popelings have nothing left to shew for theirs , unless the very Charter and grant of their King : yet tho this Doctrine be as far from Rome , as they think the Romanist from Heaven , tho their Writers with Hunts own Brutish Rage have run it down , tho it be so directly destructive of the Papal power , still has this preposterous piece of paradox , made it Popish ; and treated it almost in the same Language , the † Piousprelate did their Idol Church , and ‖ all the dangerous Dissenters do our own ; Wolves , Thieves Enemies of Christ , Brood of Antichrist , Babylonish Beast , Devilish Drab , sink of Sodom , Seat of Satan . It is a pretty way of Confutation indeed in the very beginning of an Argument to beg the Question . He takes it for granted from the Text of Saint Peter , that Kings are but an Ordinance of man , and then stoutly concludes that it is impossible , that any that is of Man's appointment can ever be of God's Ordination ; to be presumptively bassled recommand me to such a disputant : And with that supposititious Triumph does ( as some think ) a Jesuit's Book , de Jure Magistratuum enter the List , full of Victory even before the Battle ; and this perverted Text in one of his Editions is turned into the Laurel and Lemma , to Crown the Forehead of that Impudent piece . This is made the Goliah of those Philistines who not with their bulk alone , but with the very Letter of the Bible and the Book of Life , can defie the Living God , for such a Construction upon Saint Peter by common sense can never be put ; for place this power of Ordaining Kings once in the Power of SVBJECTS , and all the World can never hinder them from being too the SVPREAM 〈◊〉 . Was not this very Text , actually turn'd up for the Supream Authority of the Parliament of England ? And was that too , meant by St. Peter , when in the very next Line , he calls the King Supream ? Seditious Dolts ! do not make the Bible contradict it self , tho your Books do , does not this very Text take almost an expressive care to prevent even with providence such a silly construction , and give a Signal Signification where this Supremacy resides , viz. in the King. But to give these well read Rebels rope enough , and let them stretch their Treasonable Positions as they ought their Necks , I 'll plead for them , and in that which can be their only Reply , viz. That this Supremacy must be understood , only to be in these Kings after they are so chosen by the People : But no , their own Text won't allow that neither ; for in the very next Verse it tells us also of such persons as are Commission'd , sent under him , ( as ours has it ) Governors , and some other Versions , Captains , Judges , and sure had theirs been the Apostles sense too , He would have more expresly let us known , That Kings were first Commissionated and sent by the People , before that they could send out the Peoples Governors , and if we can Credit some of these Gentlemens own Writings , Their KINGS and this Apostles are not all of a piece , and so their Principles and the Text wont hang well together , for their Kings , which they 'll have to be of Man's Ordination , cannot send Governors under them , but as * Pryn positively tells us , that People that Elect their King , must chuse also the Judges and Officers , if the Kings have had such a choice 't is but by the Peoples permission , that such Officers , are the Peoples . And that his Brother Bodin ( you must know a great politician ) says ; That the sending them is not the Right of the Sovereign , but in the Subject : So that those Kings , whose Divine Right they deny , must needs be of another kind , than those mentioned in Saint Peter , for he makes his Kings so Supream , that they send Governors themselves , and that for the punishment of such Evil doers . But to come homer to Mr. Hunt , that I know values himself upon his much Law and his mighty Learning , his Remarks upon his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will tell us he understood as much Greek as that came to , when he was at School . Yet betrays his little understanding of the Greek Fathers , his very Schrevelius would have shown that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 might be taken for Creature as well as Creation , but his Scapula ; that more especially it is to be taken so in the * Epistles . And this has been the Resolution of one of the first Reformers of our Religion , ( And I hope sure they 'll favour him ) That the general signification of this word in Scriptural Expression is taken for all Mankind , and I have another , the principal Reformer by me ; the Bible in Columns with one Greek , two Latin Versions and one Dutch , which I take to be the Labours of the Learned Luther , where one of the Latin Translations of this very Text of Peter is expresly Omni Creaturae , And that other Humanae Ordinationi , is mark't with a reference to the Marginal Annotation which is Omnibus filiis Hominis . And yet all this while we shan't make Nonsense of the Text as well as they put upon it contradiction and the greater absurdity ; for such Scriptural Figuratives are frequent , where Vniversal expressions are only applicable to some particular things they would express ; so that when he tells us , Be Subject to all mankind or to all the Sons of Men , is easily understood all those of them to whom we owe Subjection , and , as if the good Apostle , whom these miscreants would so much abuse , did design to prevent such an imputation , and even dissipate the Difficulty and doubt together ; even he explicates that General Expression of that one Text , by telling us particularly to whom our Submission is to be paid both in that and the * other viz. Kings as Supream and their Governors as sent . And Lastly can any Soul that has but Common Sense , fancy from the complicated consideration of that part of the Apostle's that thus pressingly inculcates Obedience to Governors , that it did design the least room for such a Latitude , that not only would leave them Indifferent to obey , but such an one as they have made of it since ; even an encouragement to Rebel , sure that submissive Preacher of the Cross , so much his Saviours Disciple that he suffer'd on one too , and that without resistance to a persecuting power ; that great Assertor of his Soveraign's Supremacy , that in the very next Lines , next to fearing his God , commands Honoring his King , ( as if he would express somewhat of that Divinity they deny , with the closeness of the Connexion ) sure that most Primitive Pattern of Obedience , did not pen his Epistles to teach a Julian the Doctrine of Resistance , or an Hunt his Associate to debase the Divine Right , the Throne of his King to the very dunghill of the People . And were this Doctrine not to be countenanced by the Word of GOD , ( we have only Mr. Hunt's Word for it , that it is so dangerous ) the only danger such Seditious Souls can see in it , is , That it would oblige them to be truly Loyal , and dread Rebellion , like the Sin of Witchcraft . And is it dangerous now to be kept from being damn'd or running to the Devil ? Where is this mighty * Mischief that will ensue upon this Opinion ? But a Veneration for our Governors next to God , by whom they Rule , will not his having his Right from above , the sooner preserve him from sustaining any wrong below ? are things the sooner to be violated , only because they are the more sacred ? and will the Light of this illuminated Lawyer , resolve us Sacrilege to be a lesser Sin than single Felony ? Had those Sects of Seditious Rebels that ruined the best of Kings , and that only by debasing this his Right , and setting up their own for Divine ? Had they , or could they have been so sacrilegiously wicked under a Presumption , That his Person was sacred , or even a belief of their Bibles , that their Lord 's Anointed , was not to be Touch'd ? yes , they could , ( and if we believe this Impudent * Imposture ) it was that only , which made them so , And if such Opinions had never been broacht , the War had never ensued . Mighty Madman ! whom discontent distracts , I can Fathom his Foolish Innuendo's to be as false , Divines did , and as I think was then their Duty , preach up this Doctrine ; but did not the two Houses threaten Destruction long before a Manwaring , or a Sibthorp was so much as censured ? Had not Leighton Libell'd both King and Bishops long before ? And did the telling the People , they were Jure Divino , exasperate them the more against the Prelates , and the pious Prince that governed , whom these Devils must needs deal withal the worse , only from their being told their Governors were sent them from their God ? Mr. Hunt certainly himself can't imagine it , he has too great a Veneration for the Religious Dust , the pious Memory of those Rebels and Regicid's , to think they were arrived to that Acme of Transcendent Atheism , to * spit in the very Face of the Almighty's Image , only because it represented a thing so Sacred : No , it was of that they could never be satisfied , they were Religiously taught the Jus Divinum of the People , ( that is ) to Rebel most Religiously . Tell me Mighty Murmerer ! why must this Bugbear of Arbitrary , this Monster of Absoluteness , and * Bloody War , be the Consequences of this Doctrine of Peace ? Is your King bound to turn Cruel , only because he Rules by a Right from the very God of Mercy , and a King too , de facto , not long since almost merciful to a Crime : If you talk only in Theory of what another may be , then perhaps your Fears are as Panick as the Objection is nothing to the purpose : For Usurpers commonly of the People's Choice , ( as appears even in our ‖ own History ) have always been the greatest Tyrants too , who were so far from having the Jus Divinum , that they had no Right at all : And tho * Sidney suggests this Doctrine , would attribute to any sort of Usurper the same Right , I shall consider him in his proper place , and this may suffice for Mr. Hunt , whose larger Comment upon this Text , I shall enlarge upon too , when I come to that Gentleman's Papers , with whom they so much agree , and 't is pity but his Fate should do so too : It may suffice I have here attempted his Bulwark , and upon which they would build their Babel , tho in the Burlesque of the best of Books , ( as if neither the Bible had its Jus Divinum ) and will close with him since he is so pleased with St. Peter , with a * Neighbouring Text , not so much turned , and misapplyed . Mr. Hunt has done his worst , and I hope we with well doing , may put to silence the Ignorance of such Foolish Men. The third Doctrinal Case of this Divine Lawyer , or what is drawn from the other two , is the Parliament's Power upon the Succession ; and that he has proved he presumes beyond Answer and Reply , when the two Preliminary points , The Parliaments Legislative , and The Peoples Divinity by his mighty Performances are made unquestionable : But when he has begged the other two he may expect to have this third for asking ; and the first Presumption , that must so proposterously warrant even that most Vnwarrantable Proceeding , is the Gorgon of the Party , that for this forty year has frightned the Nation , The fear of Popery : And like that Monstrous Head of Medusa been represented gastly , full of Venom and Viper ( only not to charm us into Stones and Stupidity ) but the setting all in Combustion and a Flame . Therefore he tells us if this can be but kept out , ( which the Lord knows has been I don't know how long coming in . ) We ought to admit of any Law for the purpose . And have we not Laws sufficient in force , and that for the keeping out allthe powers of the Pope , tho His Pilgrims landed here with a Legion ? Have we not Oaths , Tests , two several Acts of Parliaments against Priest , proselytes and Recusants ? Have we not the best Bulwark the Bishops and the greatest assurance , the word of a King ? But in short ; the danger was then a Successor , and nothing could serve less than a new Law : And what was that ? why , for Excluding an Heir to a Crown for Fifteen Hundred years Hereditary . That Parliaments have presumed to alter the discent of the Crown , is as true as that the same Convention of States have Rebel'd against the Crown it self : And scarce one Instant of the Presidents he has giv'n us , but serve to prove my purpose as well as his own , that they either actually Rebel'd when they medled with the Succession , or else that it was for settling it on the Right Heirs after such a Rebellion . It was * Richard the Second's ; that was a Parliament indeed , that did more than meddle with the Succession when they actually deposed their Sovereign . That of ‖ Henry the Fourth , so far from a Parliament that they had no King. And that was told them to their faces by the Loyal Prelate of † Carlisle . Henry the Sixth , the Successor of one that had no Right , and to whose Heir then they could never do any wrong . Edward the * Fourth was for securing the Descent in the Right Line , and declaring all that of the Lancasters Rebels ; and that in spight of all those Entails this Lawyer lies his mighty stress upon , and which even in his Fathers claim , ( tho he never lived to enjoy the benefit of his Right , ) The ‖ Parliament of the Usurper himself did with blushes and shame acknowledge , That his Title could not be defeated ; that those Entails were only made for want of a better Title , and very fairly made their Vsurper a enant for Life , and that to an Excluded Duke of York , and further did they force their Loyalty when his Son , their Lawful Soveraign came to the Crown , they tell him in the first of his Reign as appears in the * Roll : That this Henry the Fourth upon whom Mr. Hunt triumphs that an Entail was made , was an Vsurper Traytor and Murderer of his Soveraign . And for his next Instance of Richard the Third , would any one besides a Butcher and as Barbarous a Beast as the Precedent he brings ; tell us of an Entail they made upon his Heirs , which was only a Settlement of Blood so much and Treason upon them and their posterity Bless me ! that men of Sense should be so inconsiderately besotted ; so Foolishly wicked : sure Mr. Hunt knows that that Bloody Senate could never have boggled to settle a Crown upon the posterity of a Tyrant that they themselves had advanced to the Throne in the Blood of his Nephews . They might well settle the Crown on Henry the Seventh , that came to it by three several pleas , Blood , Arms , and the Law , and is the Settling it upon a Lawful Soveraign a President for Excluding another against All Law , and those Entailments were but so many Recognitions , Officious , affirmatory Kindnesses to the Crown whereas their Exclusion must have been an Invading it . His Acts of Henry the Eighth , were such as all the World blusht at , and any English man may be ashamed to own , Inconsistent , contradictory , Fruitless , and illusory , that made Protestants desert us , that designed us for their Leaders in a League ; the shame of Europe and the Opprobrium of our Nation . Did not his 25th on default of Male ? Entail the Crown on the Lady Elizabeth , and made Mary Spurious ? Did not his 28th make the same Lady , the Protestant Princess Illegitimate , on whom it was Entailed before , and with his 35th . reinstated them both again , and that both in Birth and Tail ? And lastly , that of Queen Mary's Entail , was by a biggoted House of Commons , that brought in that very Popery they now so much , and so vainly fear ; and were like to have Entailed their Religion and Laws to the Vassalage of Rome , as well as the Crown to the Heirs of Spain . And is this thy Loyalty , ( Seditious Sycophant ! ) this thy Religion ? to bring us presidents for Rebellion from Acts of Parliament , and the Statutes of Apostates , for the Establishing Popery . The ‖ 13. of Elizabeth is such an one too , as none but a † Defier of Sense could have design'd for Application . It is apparent that it was a Design to Secure the Crown to Her the Right Heir ; and that tho by an Indirect means . An Act which she doubted her self whether with all her Parliament she could pass , but was assured all her Subjects would like it when it was ; done upon a double Design to Secure her Title against the Pope and the Pretensions of the Queen of Scots , * Cambden the best Account of her Life , makes it a Trick of Leicester's , ‖ but let them Lye for it for once , and raze the Sacred Truth of History , and Record , ( which the Law makes Felony ; ) even in their own sense , it was enacted for securing a Lineal Descent to those that they thought the Right Heir . But theirs would have been a Difinheriting of one they knew to be so . It is Prodigiously strange to me that those that contend so much for this Parliamentary Power over the Succession of the Crown , that this Judge Advocate for the Parliament , * Hunt himself , that tells us plainly 't is not establisht by any Divine Right , but is governed according to the presumed Will of the People , that these Sycophants do not consider they do the greatest Disservice to that Honorable Assembly , put the greatest abuse upon that Ancient and truly venerable Constitution , they give the Lye to several Acts of Parliament made in the best of times , and make those Legislators the morst of Villains , or the greatest Fools ; or in his own phraseology Wicked , Impious , Sacrilegious , for have not they in several Reigns by Special Act recognized even a Divine Right as well as an Hereditary ? In the first of ‖ Edward did they not declare that their Soveraigns Title to the Crown was by Gods Law , and the Law of Nature ? Did they not even to a Tyrant , a Murderer , one fit only to be the Peoples Creature , whom no Nature or God did design for the Throne ? Did they not resolve his Right to be both by God and Nature ? ‖ Tell me was it thought so Divine so natural so Sacred , THEN , even in the worst of Men , and must it be impious , Sacriligious in the best of Princes ? Did not their best of * Queens , receive her Crown with a Recognition of it's Descent to be by the Laws of God ? And lastly look upon that of King † James , where with unspeakable Joy they acknowledge he Reign'd by the Laws of God. And as * new as he calls the Doctrine , for five hundred year agon both by Divines and Lawyers it was allowed of and maintained . ‖ Gervase the Monk tells us , it is manifest the Kings of England , are obliged to none but GOD , and † Bracton that lived and wrote in the same Reign of Henry tells us , their King was then only under God ; and will neither Law nor Gospel , History Ancient and Modern , Rolls , Acts and Acknowledgements of Parliaments themselves satisfy them , that they have nothing to do with the * SUCCESSION ? Never could any Person that had not Proclaimed open War with Reason and broke all Truce with Sense suggest as he does that the difference between the Descent of the Crown and that of a Private Estate , are Reasons for altering the Succession , which is one of the best Arguments for it's being Vnalterable . Does not the Law provide that but one Daughter shall succeed to the Crown , and that for the Preservation of the Monarchy ; which must be but of one and no Co-partners of a Kingdom ? And so also the Son of a Second Venter to prevent the want of Succession shall be admitted to the Throne ; when he shall be Excluded an Estate : His fancy of the Royal Families being Extinct , and that then the Majesty of the People commences , was long since the pretty conceit of Will. Pryn too . In which they tell us as I 've told them before , just as much as an old Aphorism , When the Sky falls , and spoil another good Proverb , that No man dyes without an Heir : But suppose what can be , may be : Would not all this mighty Constitution of Parliament be gone too , when there was no Successor of a King to Summon it . His * Majesty of the People might set up another Policy of Government they think if it pleased : But would not their Majesty of the People , find it more agreeable to Divine Institution to agree upon the same Government in another person in an Extremity ? for would it not be more agreable even to their own Interest , to prefer that under which they had enjoyed so long , such an Experienced Happiness , since the Almighty does not Reveal himself as he did of old to Moses and the Prophets , and bid them arise and Anoint him a King over his Israel ? But as Mr. Hunt's private Estates ( tho I know not with what equity a mere Fiction in Law , robs a man of so much Realty ) are frequently recovered with fine at Common Law against the Right Heirs , he won't pretend therefore sure a Parliament shall , a Kingdom and a Crown against a Royal Successor . His own Reason for it is the best Refutation , for I say too , the Crown is ‖ Governed by other Rules than a private Estate , and the Romans who were Governed by those Civil Sanctions , that have since the whole World , tho by those they had a Dominion over their Issues , Heirs , and Estates , yet those will not grant even to Kings , the power of Disenheriting their own Successors : Nay such Favorers were they then of the Right Heirs , that they would not permit their Common Citizens , to be disinherited at the Arbitrary Will of the Parent , but obliged them to observe such certain express Rules in their Exhaeredation . And heretofore , some of the Writers of our own Law could affirm , that the Inheritance that descended from their Ancestors was scarce ever suffer'd to be disposed by Will , but to the next Heir , for my part I look upon the word Heir not to have the same Relation in case of the Royal end , that it has in that of a Subject , who always claims his Estate from his Ancestor , Common whereas the other Heir is call'd more properly the Kings SUCCESSOR , but the Crown 's HEIR . And it will be hard then to make him pass for the Parliaments . I won't tell Mr. Hunt here , of the Blood and Miseries , the common Calamities , the dismal Attendants of a Royal Heir being bar'd of his Right : How many Millions of Lives ? how much Blood it has cost us already ? ( And if any thing , of 〈◊〉 would have frightned us , ) for Excluding a Duke of York too ; but it seems Blood did not terrifie Mr. Hunts Members of Parliament , to whom their * Oracle gives all the properties of an Elephant , and then they must be only provok'd at Red , 't is the Justice of it ; and every Moral Action that must direct Communities as well as Common Persons , and a Mighty Parliament as well as a single Peasant If Expediency shall come to warrant Injustice in Aggregate Bodies ; every Individual may as well commence Villain for Convenience . ‖ Away with that Paradox of Folly and Faction ; that a Parliament can do no wrong , since we have seen such a numerous Senate transported like one Man with rage and Folly even to the Ruin of Three Kingdoms . And with what Justice an Exclusion which wou'd here have been the greatest Punishment next to Capital that a Crowns Heir could suffer , could well be past , and that for punishing an Offence Antecedent to the Law , I leave , such Legislators to Judge . It looks so much like their Bills of * Attainder , that I am loth to tell them such an one even in this ‖ Kings time was reversed with Ignominy and Reproach , and for a Repealing of the Infamy , the very Records of it raz'd from the File , and should the Crowns Heir too have suffer'd by a subsequent Law he cou'd never Transgress ? Would they have given their God the Lye , and made Transgression where there was no Law ? Did the Seminary Priest suffer here , for Officiating , before that Statute was in being ? Should the Profession of the Catholick Faith , and that but suppos'd , have had the force of a Salique Law , even against him that cannot well be said to sin against it ? Set the Mark upon the door where there is Death and the Plague ; and then let those that will enter dye . CHAP. IV. Remarks upon Julian . THat this Author was a better States-man than a Christian that he consulted more the Security of his Person , than the Purity of his Religion ; that he had much rather burn his Bible that suffer but a * Tomkin's Finger into the Flame , are such undenyable Truths , that you must suspend your own reason and give your own Writings the Lye but to suspect them ; but how far this Doctrine of self preservation is always consistent with the Gospel ; and whether a man may never deny himself to Confess his Christ , requires . I believe , not an absolute determination of School Divines , but may be Collected from the Practical Inferences that may be drawn from many a Text in the New Testament . How far our Saviour's Suffering on the Cross , should influence those that profess themselves his Disciples to Suffer : How much the precepts of their great Master was Imitated , by those Christians that were truly Primitive , is a Disquisition proper for a Divine . And has been as industriously enquired unto by several hands engaged in that Holy Function , the tide is turned at last with the Time , and Jovian remains as 〈◊〉 , as his Julian was thought to be 〈◊〉 Answer , that Learned and Loyal Author has fixt the Pillars to the Controversie , and if this adventurer , with the Second part of his * Julians-ship will force beyond it , he may discover to us a new faith , a new Bible , but can never confute him from either of the old , most of my Remarks shall be upon his Political . Observations , for what he would Reform , in the Doctrine of the Church is only as it relates to Matters and Affairs in the State. The Loyal Addressers feel the first Effort of his fury , and the 〈◊〉 of Mahomet's Hobgoblins are placed even within their Brows , for expressing ( he thinks ) their contradictory Protestations ; but such Bugbears will hardly frighten them from following the Precepts of their Saviour , that still inculcate on sufferance and Subjection , but only may deter such as prefer the Crescent of that Imposture , to the Cross in Baptism , that can baffie their Bibles , where it restrains their Liberty , or admit an Alcoran of the Turks to tolerate Licentiousness , it might well be a Grievance to such disaffected Creatures to see the good Effects of his Majesty's Declaration , and that all his good Subjects , had gotten an opportunity of shewing that Affection and hearty Loyalty which was over-awed by the Tumultuousness of a Faction from discovering it self , they knew their own Party's power had been prevalent a long time in putting up Petitions , and in those Numbers augmented too with Artifice , as well as Sedition , had placed a Confidence which they saw failed them , and themselves foiled with a Weapon not much unlike their own in its make , tho the Mettal and Matter of Another and better temper : Here in truth lay the contrariety , the Contradiction that confounded them , more than in the Nature , and tendency of such Addresses , which if this prejudic'd Divine had examined he would have found no more Zeal in them , than what was consistent with their Loyalty and Religion , Their Allegiance which they had sworn ( and of which some of our Protestants make as little account as if a Jesuits Equivocation would absolve them from a positive Oath ) that obliged them to declare for the Kings Heirs and Successors , and the Protestant Religion might still be maintained under any perswasion of their Prince , unless the Nation was obliged to believe their Politick presumptions in a piece * of Treason , for Gospel , and as infallible as a Creed ; and that because their Associated Excluders in a Scheam of Rebellion , tell us , Queen Mary proved the Wisest Laws insignificant to keep out Popery ; therefore it must be concluded it connot now be kept out . This Gentleman knows , ( that I believe chopt up so much Logick with his Commons at the University , if Educated there , where commonly better principles use to be Instill'd , ) that it is a most false Inference from a Particular to conclude absolutely and Vniversal , and when besides Henry the 8th's Reforming , Edwards the 6th short Reign , had hardly settled the Reformation , there being more Romanists then in the Kingdom , than such as had truly Reformed , it was never truly begun or throughly perfected till Queen Elizabeth's Reign ; which might be easily observed from the Parliaments so soon declaring for Popery in Queen Mary's first entrance upon the Throne : yet however he might observe , tho the Suffolk Men set her up as undoubted Heir to the Crown , which as the Bishop of * Hereford in the History of her Reign says , was then so prevalent with our Englishmen , that no pretence of Religion was a sufficient Suggestion for opposing such a Right , Yet they soon deserted her when they saw her bent for introducing a new one , and such a defection might have endangered her establishment , had not the generality of the Nation been then of her perswasion . But what Maxims of State should now move another Prince of that Religion to endeavour it's establishment , when All the Kingdom 's so bent against it , when the Protestant has been rooted here for above this hundred year , & we have a King , whom God preserve , that has promis'd , and may live yet many to defend it . They must imaginesuch a Successor seduced against his Interest , his Councils besotted to set him upon such Measures now as must certainly disturb the Quiet of his Government , tho the Faction cannot Overturn it ; so that this great point will come to this ; Whether having more contingencies than one of having such a Religion introduced , as first the great Casualty there was of his not coming to the Crown , which might have been prevented by a Natural death , without their Expedients at the Rye , their unhuman , and unnatural Barbarities : and then imagining such an Actual Succession , that Improbability of making such a sudden Alteration , in Religion , only for his own Disquiet , and without any Probability of Establishment in his Reign which according to the Course of Nature must betoo short , ( tho I shall still pray for any of the Lines longest Life , ) and the little continuance it can expect should it be introduced when all that are to succeed him are profest Protestants . These being such Casualties as upon good Conjecture and Probability may interpose , the question is ; Whether in prudence or Policy we ought to have Involv'd our State in certain danger , only to prevent a contingent one . I could never get any one yet to prove that to be matter of Expediency for the good of the Publick : That such an Exclusion would have been certainly dangerous our Annals too sadly Testifie , and any one need but to turn back to my Remarks upon our History and he 'll find it Chronicled in Blood. And that any danger of our Religion is but merely Contingent must be allow'd by all that think it not Predestinated to be changed : And what now have these good Subjects done to be thus reviled by the bad ? Why ! they have declared in their Addresses to Assert that Right , which in their Oaths they have Sworn to defend . And a Pious Divine that has dispensed with them , Libels them for not being Perjur'd for company . His * distinction of the Religion being Establisht by Law is far from creating any difference , for the question is here , what is the Doctine of the Gospel , and it can't be imagin'd any sort of Christians upon the Privilege of any Political Establishment , are enabled to dispense with the precepts oftheir Religion ; and confute their Bibles with the Statute Book . Saint Paul's sufferings are so far from discountenancing such a Doctrine , that they are alone the best , the clearest Confirmation of it : he was beaten , suffer'd Imprisonment , and all for the sake of his Saviour : he told them after his durance to whom they had done it , and the greatest Sticklers for Passive Obedience , will allow Mr. I. to plead his Magna Charta ; if he won't with the Barons beat it into the Head of his Soveraign with Club Law , or knock out the Brains of an Imprisoned * King for it with a ‖ Battle-axe , his Breath can plead his defence without Resisting unto Blood , Paul could have pleaded his privilege of being a Roman and uncondemned , sure as available before his Sufferings , had he not thought it is duty to suffer , and he may read in the same Book of those that went away Rejoycing that they were counted Worthy of it for his Name . A man may be born to a great deal of Right when 't is none of his Birth-right to Rebel ; and that against the very Monarchy it self . His case of the * Pursivant , is as much to the Purpose as if he had pitch't upon the First in the Report , there was an Arrest of a Body by such an Officer , to bring him to appear before them , that constituted them , an ‖ High Commission Court. And as often it happens , in Execution of the Law many times there is Opposition made , sometimes Maiming is the Result , many times Murder ; here it hap'ned that the † Officer's Assistant was kill'd , and the Law that makes it but Manslaughter in a Common Fray , in an Execution of an Office makes it Murder , and that must depend upon the Authority of that Court from whence such Officer receives his Writ , Warrant or Commission ; 't is * adjudg'd in the Case that they might have cited to Appearance , and upon Contumacy to have proceeded to Excommunication , and then have arrested upon their Writ of Capias ; but that they could not Arrest him outright upon a Surmise . That a Man may resist an Authority , that is not Lawful any man will allow , for it is the same as if he resisted none at all , however if Murder be the Consequence of such a Resistance ; all his Expositors upon the sixth Commandment will hardly help him to distinguish it into Man-slaughter . And tho my Lord * Hales , whose Memory will still be pious for his equal destributions of Justice was a great Latitudinarian in allowing too much scope for premeditated Malice ; yet the Decalogue will make that Murder , for which the Law will allow him the Benefit of his Clergy , and did in Harry the Eight's time without distinction to all sort of shedding of Blood , and then the Book that he talks of was dedicated to Cromwel , would have been Authoriz'd by the Law , which in some sort it self then , made all Killing no Murder : neither in an equitable sense was this Homicide excused from being a Murderer , because he resisted unto blood before the jurisdiction of the * Court was Resolved , and to him in a Moral sense 't was as much Guilt as if that Authority had been Absolutely Legal , and tho he tells us he does not descend to salse Arrests , yet I thank him for his Condescension , 't is to such a matter as is no way distinguishable from it , for an Arrest without Authority is equivalent to a false , and is as much Tortius and Force as what is done upon a Forged Warrant . The Cases reported by those two Lawyers he cites , one of them but a Protonothary , that other our great Oracle , in my Conscience were never designed for proofs against Passive Obedience . By their Resistance here of the Law was never understood that which was forbidden in the Gospel , besides it was but the Resolution of the Judges against the * Power of that Court , which to be sure they did not care to favour , and those two Authorities he has cited , none of the best , in Matters of Allegiance and Loyalty , that part of Coke is looked upon not very favourable to the Government , and Brownlow first Printed when there was none . But his Triumphant Distinction between his Religion Established by Law , and that which has no Law for it's Establishment , is not only far from creating a Difference here as I have shown before , because the precepts of the Gospel ( which must be more immutable sure than a Persian decree ) are still the same , and are now the Question ; but the Offering here of such a distinction is in Truth as impertinently applyed , as it is really none at all , for whenever he can imagin here , which God will avert , any Sufferance for the sake of his Religion ; it must be according to the Law of the Land , or else he 'll never be brought to suffer , I 'll secure his Carkass for a Farthing and be bound to supply it with my own for the stake ; if ever his be tyed to it , without reviving of the 〈◊〉 de Comburendo . All the Martyrdoms in * Queen Mary's Reign , were but so many Executions of the Law , and that Writ de 〈◊〉 he 'll find in Fitz Herbert as well as a Common Capias : so that himself must first without Charity ( which won't sure , then begin at home ) Give his Body to be burnt with his Imply'd suffrage in an House of Commons , ( 〈◊〉 I believe He is not likely to be a Bishop ) before fire and faggot can come upon him to singe his Hair or touch his Garment for the sake of his Religion , and how likely we are ever to meet with such a Parliament , to Sacrifice themselves again to the Flames ; himself best knows who I believe does not fear it : so that here his Foundation of Law Establishment , has nothing to support it , and then all his Privileges of Saint Paul , his own Magna Charta , his Case of Commissions all fall to the Ground ; and his very supposition of his Religion being Establisht by Law , and at the same time against all Law to suffer for it , is more contradictory than his Horns or Addresses , for it can't be supposed , but that the Power that punishes him for an Heretick will have Repealed all those old Laws that would have protected him for being such , and enacted new ones to make him suffer for his Perseverance : and 't is always remarkable and a great Truth , that the laying down one single false Position , can never be defended but with as many Lyes . And this forces him to maintain , the Christians suffer'd contrary to Law , in the time of Julian : Certainly , he knows but little of Justinian , and the Codes ; however his Hunt help't him to so much of our Cases out of Cook. The Constitutions of the Jmperial Law were but the Decrees of their Emperors , as well as the Corpus the Collection of one of them , all the civil Law that governed then is called * Caesaria , Imperatoria , because their Caesars , their Emperors where the Authors of it ; and how can he plead for them their Charters , that had nothing else to trust to but the Will and Edict of their Prince ? The Testamentary Donation of Edward the Sixth he brings for an Argument for Excluding the Right Heir ; which makes but very little for his own , and as much for the cause he contends against , not so Insignificant neither as he suggests , only because they could not well avoid an Act of Succession in Harry the Eight's time , for whether that Act had been made or not ; Queen Mary must have Succeeded by Proximity of Blood , as next Heir after her Brother . And 't was that inherent and unalterable Right , that made the Nation the more Zealous in her Cause , tho there were enough too as Warm for her Religion ; he very well knows , how that Will was extorted from a weak and dying Prince , by the Powerful Importunities of Northumberland , for the sake of Jane the Eldest of the House of Suffolk , whom one of his younger Sons had Marry'd , he knows nothing but self Interest and Ambition promoted it , he may Read that both the Learned in the * Law , and as emiment of the ‖ Divines were against it , Bishop Goodwin tells us of Cranmer himself present that he opposed it , and that for the same Reasons all good Subjects do now , because he thought no pretence of Religion could warrant an excluding the Right Heir . This was the Sense of a Protestant so Zealous , that he afterward suffer'd for it , but the power of the great Northumberland prevailed with him at last for his Consent , of which himself afterwards heartily repented to the Queen , tells her he never liked it , that nothing griev'd him more , and that he wish't he could have hinder'd it . And the ill success that Attempt had is alone sufficient one would think to discourage such another : 'T is strange that the very thing that has once brought a Calamitous War upon the Kingdom , that in this very Instance terminated in the Confusion of all the Attempters , brought Northumberland to be Executed and to Penitence too , for having offended , and poor Lady Jane ( as her self said ) to suffer justly only for accepting of a Crown so unjustly offer'd . 'T is Prodigious that such contradictory Mediums should be urged for countenanceing a thing to which they are so much repugnant ? Did not a Parliament here of Protestants declare for a Popish Successor , and as Bishop Goodwin says the Suffolk men set her up tho they knew her a Papist ? Did not a Popish Parliament after her death declare for Queen Elizabeth , tho they knew her a Protestant , and were not in all these sudden Revolutions the Right Heirsstill preferr'd , notwithstanding their Religion was not the same that was profess'd ? how then can men that offer at such a piece of Injustice , touch upon those times for the Justifying so much wrong , where they see that under the same Circumstances they still asserted their Princes Right ? The next pretty Notion of this Ecclesiastical novice in the Law , that we shall now pass our Notes upon , is a quaint conceit relating to our Oath of Allegiance : what it's form was of old ; and what he would have implyed in the word HEIR therein mentioned to whom we swear ; and here at the same time that he would deliver the poor people as he pretends from the sad delusions of Error and Sophistry , does he put upon them the greatest Falsehood and fallacy and the quaintest Sophism , a Quirk in Law , viz. That the King's Heir in possibility cannot be meant in our Oath of Allegiance , because 't is a Maxim forsooth in our Law , * that no Man can have an Heir while he is living . And with this silly Solaecism , a sort of Sense merely Sophisticated this Elaborate Gospeller in the Law lays himself out in the pains of two or three Pages , to prove the prettiest Postulate , which we would have granted , but for an asking , that in this our Oath we did not swear Actually Allegiance to the D. of Y. And truly I am much of his opinion too in that point , and that he was not then our Soveraign , tho he had a possibility to Succeed . But can ever a more Senseless Inference be made , by a pretender to Sense , or a more Jesuitical Evasion by the most dexterous Manager of an Oath ? First I would ask him what he thinks was the Design of its first Imposition ? what was the Reason of Inserting , including the Kings Heirs and Successors in those Oaths of SVPREMACY and ALLEGIANCE ? Was it to perpetuate or acknowledge an Hereditary Succession , or to warrant an Exclusion of the Right Heirs ? Did the Parliament design in the framing them , the Lineal Discent of the Crown when they Swear to defend the Authority of the Kings Lawful Successor , as well as his own ? or did they then reserve to themselves a power of declaring who should be his Successors by Law ? But if the Divine Gentleman would have reason'd pertinently and to the purpose ( tho it would have been but an absurd sort of Reasoning ) this he must have inferr'd , that because we there swear only to be faithful to the Kings Heirs when they come to Succeed ; therefore this Oath non Obstante , we are left at Liberty to prevent any Heir from his Succession , and then I would have this Political Casuist tell me , What would be the Difference between this Evasion and a direct Perjury , for we swear to be faithful to the King's Heir that shall Succeed him , and truly in the mean while we make them our own , suffer only whom we please , or just noneat all to Succeed ; for by the same Law , Equity and Reason , that we interrupt the Succession of one , we may that of one thousand too , and still be true to our Oath ; * if we abolisht the whole Line of Succession , for then those Juglers with a turn of hand and a Presto will tell us very readily , why truly we swore to obey his Majesties Heirs and Successors ; but must needs be absolved now , since there are none that do succeed . And such were the Casuistical Expositions of some of our Late Divine Assemblies , even in this very point , when they had Murdered their Prince , and denounced Death to His Heirs , and were urged with their Allegiance : But is not this first Perjuring themselves to Commit a Crime , and then justifieing its Commission by their being Perjur'd ? May we not as well Murder one that would be the Successor , and then plead our Innocence , we did not suffer him to Succeed ? or truly did they not design such an Impious and Execrable countenancing of the Villany , when they Associated for his Destruction and swore to destroy him ? would not they then too have Absolved themselves thus in Johnson's Sense and the Jesuits ; from any obligation to this his Majesties Heir , because the Law Maxim did not yet allow him to be so , and they had helpt him now from being so for ever ? Will a Nice point of this his Law resolve does he think as tender a Case of Conscience ? This his Law makes it but Manslaughter where a person is kill'd without Malice Propense ; but will this be no shedding of Blood to be required at his hands by the Judge of Heaven , because he had his Clergy allowed here upon Earth ? can he Prescribe with the Laws of the Land to impunity from the Decalogue ; and tell the Almighty some Killing is no Murder ? Here his God , his Saviour is invoked in a Solemn and Sacred Oath upon the Gospel , and one that should be a Divine Expositor of both , consults upon it the Readings of Mr. Hunt , and a Resolution of the Common Law ; here he Swears to the plain meaning of the Words without any Mental Reservation whatsoever , and yet this Mungrel in Divinity , means now to take it in his mind , according to a ereiv'd Maxim in the Law. And this Libeller of the Primitive Christians , looks like an Apostate that was as Primitive ; who kept pointing to the papers he put upon his Breast , while he was Swearing to others that he held in his hand . But yet I dare Appeal even to his own Breast who without doubt had often taken these Oaths being graduated in an University , and Ordain'd a Divine , ( tho unworthy of both ) whether the Words Heirs and Successors , were not understood by himself of such as were to Succeed by an Hereditary Right by Birth and Blood to the Crown ; and whether that he did then Reserve to himself only such as did Actually succeed by Consent of Parliament , and whether he did not think , that by them he was not only obliged to obey those Heirs when they came to the Crown , but also to do all that in him lay to promote in the due time their coming to wear it ; certainly to confine their Sense only to those that shall de facto succeed , is but Swearing an Implyed Allegiance to any Rebel or Vsurper , and the word Lawful , that still accompanys Successors , will not mend the Matter with such men , for all is presently Legal and just with them , that has but the shadow of a Parliamentary power for it's pretence : And I am well assured , That those that would have thought such an Exclusion just and equal , with their King 's passing it , would have thought it as Legal could they havesate , till they had made it pass without . The good old King at first disputed his Militia as hard with them , and who could have believed any sort of men could have thought it the Parliament's without his Consent ? But assoon as the Rebel House , had made their Ordinance for the Seizing it , which of those Miscreants did not think it as much Law ? And the more than probable project at Oxford shrewdly Insinuates they would have warranted an EXCLVSION , without their Kings leave , Legal , had they been allo'w but a further progress in their ‖ Vnwarrantable Proceedings . But as much as Mr. Johnson Triumph's with this his Maxim of the Law , * as if he were the first Divine that had discover'd this deceitful Evasion ; this Jesuitical interpretation of his Protestant Oath . Tho he and his Hunt , and all his Lawyers in the Hall should tell us Ten Thousand times of this Seditious sort of 〈◊〉 , this Senseless Sophistry upon the plain word Heir , as well as he says they do an Hundred ; still all their Noise and Nonsense about Presumptive , Apparent , Actual , possible , will be nothing more than what the late Rebels that had Actually Murder'd the best of Monarchs made their defence ; to Justifie Treason and Sacrilege it self ; so that all this Divine's Sophistry savours not only of Nonsense and Sedition , but of an old , odious , rank Rebellion ; and for to satisfie him , that the Suggestion is serious , and founded upon Matter of Fact , ( if he can find among all his Seditious Papers he has habituated himself to peruse ; and what if he pleases I can lend him for his perusal ) such an old obsolete piece , as was publisht after they had Butcher'd the best of Kings , * wherein they endeavour'd to persuade the people to be subject to their Tyrannous Usurpation ; there will he find the very two Pages that he spends to promote the Quaint Conceptions of his Noddle about nothing , or what is worse , Faction and Folly ; for tho he tells us these tales Fifteen Hundred times over , they told us so much for Forty years agon ; and that to satisfie Tender and Malignant Consciences that there lay no Obligation from their Oath of Allegiance upon them to adhere to the right Heirs of Charles Stewart ; because that those Branches of the Oath which the Providence of God , had made Impossible to be observed , must be lay'd aside ; and then they go on to shew , that Heirs and Successors must be taken Copulatively , and so the word Heirs must be meant only of those that do Actually succeed : But the Providence of God , * ( as they call'd it ) having kept the Heir of Charles Stewart from succeeding his Father , had made , say they , that part of the Oath Impossible to be Observ'd , and so the power must now be Obey'd Actively in what hands soever it be . Seditious Soul ! 'T is too much to be Senseless too ; Consider but upon this Occasion ; a Case your self have * Cited , 't is that of the Lady Jane ? Did not the Laws adjudge it Treason in that poor imposed Princess for endeavouring to hinder the True Heir from being the Actual Successor ; and to say Queen Mary was then already Succeeded will not salve the Matter , for it was resolv'd Treason too in her Father Northumberland his Contrivance of the Will for the Queens Exclusion ; which confirm'd as it was by the Privy-Council was as much an Act of State as the Bill by which our present Heir was to be Excluded : and then what they did was but in pursuance of that Will after Edward's Death , and as the Duke told Arundel that Arrested him , that he had Acted only by the Council and Commission of King Edward : Yet all was adjudg'd a defence Insufficient ; and I cannot see why the same Law would not have made those Traytors ( had the Bill past , ) that rebell'd upon pretence of such an Act of Parliament ; as well as it did others , that resisted upon the pretext of a Will Confirm'd in Council ; and which * themselves would have a sort of Exclusion ; and is almost as much an Act of state . 'T is strange that men that would be thought so mighty Rational . should not only argue against the known Rules in all Logick but against the very Inferences of Common Reason , a man of Ordinary Sense without the help of his Hereboord will allow that any Vniversal and General Assertion , in includes all Particulars . And shall vve vvhen vve svvear Faith and Obedience to the Kings Heirs and Successors , Generally Reserve an Exception of such whom the Parliament shall Exclude . It would prove but a senseless Solaecism in Common Speech , and must sure be of more dangerous consequence in a Sacred Oath : But I remember these same sort of Disputants in another * Case managed the Reverse of the Rule after the same manner : They tell us Popery cannot be kept out under a Successor Popish , because not long since Queen Mary prov'd it so : Their first Irrational Argumentation from a proposition ( and that even in a Solemn Vow ) clearly Vniversal , would except our Obligation to some Particulars , and the latter absur'd Inference from a Particular Instance draws a conclusion Vniversal , sure men of unprejudiced Reason would not infer against all the Rules of it ; it must be nothing but Passion and prejudice that can prevail upon their Sense and Soul when they dispute against the very dictates of both . And as Irrational are his Inferences upon our Old Oath of Allegiance , when by the Statute we have had since establisht a new , he cites us for a refutation of Passive Obedience , but a part of the poor ‖ younglings Oath to be taken in a Court Leet , and because 't is there said by the Minor , and Sworn only , I 'll be Obedient to the King's Laws , Precepts and proceedings from the same : And what then , Therefore that Doctrine alters our faith of Allegiance , and gives it new Measures of Obedience . So that the Consequence must be this , That if we do but perform that Obedience to the Kings precepts , and to processes out of a Court Leet , we are all very good Subjects , and that 's sufficient ; and truly a Little of Loyalty , and less Sense , with such Gentlemen may suffice ; for certainly for any Consequence that can be drawn from this clause of the Minors Oath against his Doctrine of the Bowstring and the Doctors Obedience ; he might as well have told us too , that the * Tithing-man is there sworn to be Attendant on the Constable ; and the Ale-Taster make Oath , He will serve the King's Majesty , and the Lord of the Leet in the Tasting of Good Ale and Beer : But he might have been so fair here too , as to have let us known what follows , even in this Oath too of the Youngling ; and I Swear that I 'll be a true Liegeman and true Faith and Truth bear to Our Soveraign that now is ; and his Highness Heirs and Lawful Successors , Kings or Queens of this Realm , &c. Assoon as any Treason shall come to my knowledge , I shall make the same to be known to the King's Highness his Heirs and Successors . And even the first part of this very Clause , he is pleased at last to recite in another * page , where he thinks it makes for his Sophisticated Sense , because ( as I suppose ) after the Word Successors , follows Kings and Queens ofthis Realm : But because God only knows ( as he says ) who shall come to be so , is it therefore no breach of our Oath to his Majesties Heirs to barr any one for ever from being King , God knows too who will live to Succeed him , and may we therefore without Perjury Associate to secure his Destruction , Swear to expel and destroy him , because he is but a possible Successor . All these things may be done , and justified , but so has too the Deepest Treason , and a Damn'd Rebellion , let but any Impartial Soul consider the Sense of that Supremacy , that Allegiance he Swears to his present Soveraign , and he 'll find all along he makes at the same time an Actual Promise , an 〈◊〉 Faith to those too , that are Possible Heirs , and even PROBABLE ones according to the Ordinary descent of the Crown by Birth and Blood , without any of the least Relation or Reference to any Extraordinary Settlement of Parliament , Interruption or Exclusion : and tho in strict propriety of Speech , a man cannot be said to be an Heir to him that is Living and in possession , of that to which he is to be an Heir after his Death , yet I humbly conceive a man may be an Actual Heir to a Right , tho he be but a possible one to the Possession ; and 't is that unalterable Right to the Crown we Swear to defend , Inherent in the Blood ofthose that as yet have but a Possibility to the wearing it . The Common Recoveries now too Commonly suffer'd to be really just ; sure supposes some Actual Heir , and one to have some Right , tho he is living to whom he is to make himself so ; for if there be no such Heir , then also this feigned Recovery must be just against no Body ; if they will allow such an Heir to be , then there must be also of one that 's living : And I look upon the Crowns Customary descent stronger than any Tail. His case of Excise is just such another Tale of a Tub , and only tells us that tho 't is granted to the King and his Heirs , the possible Successor can't put in at present for a Penny , a pretty piece of Impertinence and well apply'd , and were this all they would have Excluded his Highness from , I believe they might have got his Vote to the Bill ; and so we say too , that he could not have put in then for the Crown , but if he would have consulted the Sense and meaning of those Legislators that past that very Act , it would soon appear to him that what they designed for the Revenue of the Royal Heirs in General must as well be design'd for 's R. H. in Particular , if ever he came to be an Actual Heir , and so he might as well have told us , that had his Parliament excluded the D. from being Heir to the Crown , they had shut him out too from the Hopes of the Revenues that belong'd to it , and in my Conscience those that had pay'd him off with such a Bill ; would never have pay'd him a Penny Excise . The last Remark I shall make upon this their * Maxim in the Law , and this that our Florishing Divine celebrates so much for making those Heirs mentioned in our Oath , to be meant only of such as Actually succeed at our Soveraigns death , because they will have it according to their Exposition , that he can have none while he Lives , is only by way of Civil interrogatory , what they think is meant by the word Heir in that * Act that Declares it High-Treason to compass the Death of the Kings Eldest Son and HEIR , for if their formidable thundering Aphorism , must be play'd so furiously upon us , we 'l for once force their own Engine upon our Foes . If the King has no Heir while he is Living , why is it made here Treason to destroy him ; if Heir must be here meant of him only that will be so Hereafter , then that whole word Heir is impertinent , for it would be Treason without it , for he would be then de Facto King ; if Heir Relates to Eldest Son , then even the Statute too , understands it so as an Heir Possible , for an Eldest Son is no more at the most , and then we see that even in an Act of Parliament , the word Heir shall refer to one , that only may probably or Possibly be so in Futuro , as well as to those that are de Facto such , and so agrees with the very common acceptation , Afortiori then we may ( even , with the Consent of our Reverend Reader , the Divine Lawyer ) admit of the Vulgar acceptation of the word when administred to us in an Oath so Solemn and Sacred , if it does not relate to the Eldest , but only to an Heir in general that may Actually Succeed , then they must bring ( which to be sure they won't allow ) a Collateral as well as a Lineal Heir , within the very Letter of the Law. And whether they will allow him so or no , for any thing they can say to the contrary , a Collateral Heir may be within the Statute , tho not exprest in the very Letter of the Law. I don't doubt , but that the same Intention they had of preserving the King's Eldest Son and Heir , the same had those Legislators for the preservation of the next Heir of the Crown , whether Lineal or Collateral ; and where their Intention may be presumed the same , there the Remedy without doubt wasdesign'd the same too ; and that Intention of all Law-makers must beonly gathered from the parity of Reason for the making such a Law : Now if there be the same Reason for the securing the Person of any Collateral Heir as well as the Kings Eldest Son and Heir , as doubtless there is , for the perpetuating the Succession of the Monarchy , then we have Reason to believe too , that such an Heir was also intended , especially if we consider that but just before this Statute of the 25th , * it was held , That Killing anyof the Kings Children was Treason ; all of them having a possibility of being Heirs Apparent and supplying the Crown with a Succession : 'T is true ther 's nothing expressive of a Collateral Heir in the Letter of the Law ; so neither is there anything exprest of a Second Son , or a Third , when they should be come Eldest , yet allthese are allowed to be intended too ; and if Eldest shall extend to any that shall afterward become so , I don't see why the word Heir , which I am sure is there more extensive might not without much stretching refer to any that may become the first Heir , ( Admitting it otherways ) they must admit ; that this Law in this point is mighty Superfluous , the very thing which it always endeavours to avoi'd , for if the Prince must be only understood , why then that word would have exprest it better ; or else Eldest Son alone as well , and since Heir is superadded , and a Rule in Law that Letter of it must have it's full Emphasis in Explication : I cannot apprehend but the word Heir , there must signifie somewhat more than Eldest Son : There is no Provision made for the Queen Regent in that Statute , Consort being only named ; yet the resolution has been , That she is within that Statute , as well as the King , and that for the Parity of Reason . And for my Life I could never apprehend the little Lords Sophistry of a Brother or Collateral Heir , being but a Presumptive one ; it look't like a piece of State Metaphysicks , to distinguish his Highness out of his Title with a Diminution ; and that in order for Excluding him from the Crown : Time always best resolves the Sense of such States-men , whose Politicks are best understood from the Measures they take , and who seem many times Fools in the dark , till they disclose themselves to be the greatest Villains . When I saw him settled for Excluding the Crown 's Heir ; we soon saw the meaning of Presumptive , which before seem'd in so great a Man a little nonsense : But I can tell them of one-sense more it might have had . That is , the Duke was but his Presumptive Heir , because he presumed he should Destroy him : Some men of the Law would laugh at such Sophisters of the Faction . And truly they even at themselves , should they maintain the Youngest Son in Burrough English , was no Heir Apparent , who can be dispossest by latter Birth , as well as a Brother or Collateral ; but it was the want of his Lordships Law that made him abound with so much Sophistry , and so little Sense : For my Lord ‖ Coke lets us know that a Collateral Heir is as much an Apparent one , as the Eldest Son ; but only this says he is not within the Statute . Tho as * great a Judge and as good , was not so Dogmatical in this point , who as he had Reason , so he left room too for doubt , tho the Quaere in his first Edition has been very industriously omitted in the second . I have been the longer upon this , to let the Divine see that he may be much out in his Law , and that tho he would have Excluded the late Collateral Heir from his Oath of Allegiance , his preservation might have been brought in within the † Statute of Treason , and the Doctor if he pleas'd might be Hanged for him as well as Perjur'd . 'T is pretty pleasant to me to Observe how men of these sort of principlescan prevaricate for the Promoting of their own Cause , and the Divinest of them all run to the Devil with a Lye in their Mouth at the same time they in their Conscience believe the contrary to be true . No Soul Living but will believe this Libeller when so near Ally'd to the Gentleman of the Law we so lately left , would entertain assoon the Damnable Doctrin of a Muggletonian , as dispense with the belief of a Divine Right ( since his Associate in their Hotch-potch , of Scrible , Hunt has rendered it altogether as Devilish ) yet what that Lawyer won't allow , this * Body of Divinity is forced at last to prove , viz. That even the Roman Emperors Reigned with a Right Divine , and that all their Empire was Hereditary , and this he is seriously bound to maintain too , as the only Basis , and foundation for his Rebellious Book , so that these prevaricating Jugglers , with a turn of an hand can make the two several Extreams serve for the same purpose , when it will make for their Cause they shall make those Crowns Hereditary whom all Authors and all the World acknowledge Elective ; let it but cross the Interest of the Faction , the same pens shall prove you a most Elective Monarchy , from one absolutely Hereditary . The Roman Empire was certainly from Caesar their first , to this Julian himself , and even the very last of their Emperors uncertain in it's Succession ; sometimes a Right Heir would interpose , or an adopted , one but still , either set up by the Souldiers , or depended upon their permission . And how it could otherwise well , be no man can well imagin , when their standing Armies were continually in the Field , and a new Monarch commonly created with a Shout and Salutation of a Legion ; so uncertain was their Succession ; that they seldom had so much as Certainty for their Lives : Look upon the List which I have leisurably examined ; and you 'll find from Caesar that was stab'd in the Senate , to their Apostate Julian , whom they would have a Christian assassinate in Persia , I am sure half , if not more were Murdered or destroy'd by some prevalent Faction , or a mutinous Army , and most of the Purples they wore were dy'd in their own Blood , Julian's * Caesars are just as well apply'd here to the Succession of our Prince of Wales ; as the Postscript has the Confirmation of the Prince of Wales , to prove the Legislative of the House of Commons . On the other side our own Monarchy for fifteen hundred years . Hereditary , and that to be proved from all Chronicle and History , have the same sort of Pens ( and whom this Author vindicates too with his * own ) endeavoured to make merely Elective . I can't resolve this Spirit of Contradiction into any thing less than an absolute Conspiracy among themselves for the Vindicating rather Pagans and Infidels , the Government of Rome or Constantinople , before the Constitution of our Church , or the Establisht Monarchy . Upon the Publishing this pernicious piece and its falling into my hands , I remember ( tho not much read in the History of the Church , or the works of a Socrates , or a Sozomen ) that I had casually lighted in one of them heretofore upon the passage of Jovian's ( this Apostat's immediate Successor ) being saluted Emperor ; where the pious Prince told them , he would never Reign over Pagans ; upon which they Reply'd they were all Christians , and as such , had submitted and not opposed the Government of a Julian , because their Lawful Emperor ; a President so directly contradictory to those he brings , that it was a sufficient Prepossession to me against the profest Sincerity of the piece . Paganism is as much obliged to this Apostate Church-man , as the Christian Religion has receiv'd from him the greatest disservice ; he represents to us in several places his Pagan Emperor even with the Meekness of a Moses ; and with such a command of Spirit and Temperament of mind , as if he would have him rather Worshipt as a Saint , than Curst for a Persecutor ; he makes him to take Reviling patiently , as if he 'd let us know , he also could imitatehis Christ , who reviled not again ; with such mollifying expressions in several places , to the very reproaches of the meanest ; as if he would recommend the admiring of him for an Hero ; which makes me remember his dying Words , I met with once in Ammianus Marcellinus , so full of Magnanimity and all the highest Expressions of a Moral Vertue , that of an Expiring Pagan , he seem'd to me the most like a dying Christian : But on the other side , those Pious Souls , those Glorious Martyrs , fam'd for their Primitive Meekness and Moderation , that in the midst of Tortures have accounted it worthy to suffer for the sake of their Saviour , blest their Persecutors , in Groans , in imperfect sounds , and unarticulated accents of Agony and Anguish , that tir'd the Invention of their Tormentors , as well as baffl'd their Tortures , and with exalted Affection of Spirit , Triumph'd in the midst of Flames : These has he 〈◊〉 represented for the most Malicious , Seditious and Rebellious Brood of Christians , that ever breath'd under any Government altogether Pagan . What good the Protestant Religion can receive from such a Representation of the Primitive Christians , must be in pleading prescription to a warrantable Rebellion ; and what Obligation Christianity it self has to such a Protestant , is the making her much worse than the Wildest Paganism . Had he consider'd how unreasonable it was only from the selected Instances of some Turbulent Spirits ; how Irreligious and Vncharitable it is from a few furious provok'd Persons to have cast such an industrious blemish and blot upon the Practices of all the Primitive Christians of those Times ; certainly he would have found it much unbecoming his Profession , more his Religion ? Why does he not conclude from thence too that in those days we never had any Martyrs ; or that all Fox's mighty Martyrology is nothing but a mere Romance , for he 'll find Her Majesty the persecuting Mary ; in many places as severely handled ? Why does he not tell us in her time Wyat , Crofts , and Rudston REBELL'D : And then conclude we had no Cranmer , † Latimer , and Ridly that suffer'd : Why does he not tell us of the Protestant Tumults of her time , that there were those then could throw Stones and Daggers at a Bonner , or a Bourn , and not a word of the more Meeker men ; a Bradford ‖ or a Rogers that bid them be Patient and appeased them , for his Maiden Virgin that Reviled Julian , he could tell us too that of one Crofts , a Maid , that Mutter'd out as much Sedition against Queen * Mary from the Wall ; and let him but deal as disingenuously in Conclusions here too , the Reform'd Protestant will be as little Obliged to him as the Primitive Christian. In short , if Julian abounded with such a Spirit of Meekness ; ( as he in many places makes him to demonstrate ) where then was this Terrible Persecution , with which he makes such a dismal din ? If they were really Persecuted and Opprest , how came they to be so powerful , as to make such a signal resistance ? If his Old man in * Berea , was only rebuk'd by him , for raging so hotly against his King and his Religion ; and only bid by his Prince , in so much mildness as , Friend forbear railing ; if at the Reproaches of the Antiochians , he only declared against seeing them any more , if as in his ridiculous Instance of old Father Gregory's kicking of his King , he was so terfify'd and awd ; what is become of the Tyrant , and all the Bloody Persecution that attended him to the Throne ? And if as in another place he has prov'd , there was much the greater part that remain'd Christian ; where was this General Apostacy to the Pagan ? In my poor Apprehension , the several Examples he has cited , did in some sense , tho beyond his design , as much oblige his Adversaries cause , and the late Case of Succession ; as some of the Loyal hearts that labour'd so much in its defence , for they most of them prove that notwithstanding the perswasion of their Pagan Prince , the Christian Religion flourisht as much as ever ; and he never Punisht any Person ; but for reviling him for his Apostacy to his Face ; and that they might have enjoy'd their own opinions quietly had they not so much molested , and opposed his : And must the Christian Religion then be made so Rebellious , only because there were those that could revile their Prince and his perswasion ? that could call their Julian , Goats beard , Bull-burner , Impious ; Apostate , and Atheist ? Why then this Gentleman himself may infer , that the Protestant we 〈◊〉 is as Rebelliously inclin'd ; and that because some Seduced Souls were not long since so much possest with Sedition , as to Rebel against the Succession , because a poor Perjur'd wretch could call his Soveraign , † Dog , Devil , and Traytor ; because M. 〈◊〉 . himself suffers now a deserv'd Imprisonment , for representing now his own most Christian King for * ten times as great a Persecutor as the worst of the Pagan Emperors ; or because Protestant Subjects actual Rebels and in Arms against their Soveraign ; with an Arch-Traytor Attainted long since legally , have publisht in his 〈◊〉 of a Declar'd Rebellion , that their Liege Lord by the Laws of God and Man ; that is Seated in the Throne of his Ancestors , by the Protection and Providence of God ; tho so much endeavour'd to be Destroy'd and Excluded by the Plots and Practices of these Devils , and that because such Rebel Subjects have declared this their undoubted and Merciful Soveraign , an Vsurper , and a Tyrant : Our Protestant Religion , I say , by the same reason may suffer for the sake of those Seditious Souls themselves ; from several of their own examples of a Rebellious resistance , as well as in their Arguments , that traduce the Principles and Practices of the Primitive Christian. The very Rebel Books that are so much Consulted by our Asserters of a Common-wealth ; and the Favourers of a Republick , because they make a Monarch so Mean , and Contemptible , even those have largely treated of the same Subject ; that Mr. Johnson thinks he himself has only so 〈◊〉 handl'd . The Author of the Rights of Magistrates makes it most of the matter of his pernicious piece in the last Question which he proposes which is in these words , Whether those that are to suffer for their Religion , can resist that Prince , that opposes the true Religion ? I confess he with abundance of Foreign Impertinence tells us of Princes being bound to maintain the true Religion ; a thing that no one ever doubted : but then I doubt , whether every Prince would not believe his Religion to be most true ; but when he comes to the Question , whether the 〈◊〉 can resist , if the Soveraign design for them a false ; then he comes to our Mr. Johns : Resolution of the Case , of a Religion Establisht by Law ; the point in which he deluded unhappily his Patron the late Lord Russel ; then he tells us the same Triumphant notion and discovery , in which this Divine was so much exalted ; that the Roman Emperors had never allow'd the Christian Religion any publick exercise : But yet this very work which some would have a Catholiques ( but which I can hardly believe from his Brutish rage that he shows in his railing against that Church , whom in several places he is pleas'd to call * beast , whore and Bloody Harlot , that it sounds too much like the Language of the Disciplinarians of those times ; which were nothing else but what we now call the Fanaticks of our own , ) yet this very piece sufficiently pernitious ; by both parties disown'd and discommended ; wont allow them to resist the Soveraign when he alters the Religion , only by the same Authority by which it was Establisht , but then alone calls him a Tyrant when he would abrogate it by his own Arbitrary Power , whereas our Julian is a Bar beyond the best of their Advocates ; and would have had us resisted , before we had known whe ther our Religion was to be alter'd by Law , or without it ; whether it was to receive any Alteration at all ; or whether the Prince they so much Libel'd , would have come to be capable as a King , to Subvert , or defend it ; for the Bill which this Libeller ( whom the very Law has made since so ; and a Court of Justice ) would have so necessary to be past , by the same Reason that we use Remedies against the Plague , that was only a Resistance of the present Authority ; in an Altering the Discent of the Crown , which their own Laws Declare unalterable ; and that only by providing against Contingencies , that might never have happen'd , which is a sign that they aim'd only at the Succession it self , more than any danger that they fear'd from it , because the Successor might be supposed , at the worst possible , and perhaps willing to preserve to them their Religion , which they so vainly fear to lose ; as well as he has since ratified it with his Royal word , and at the present is the Defender of our Faith too as a King , as well as he had often promis'd , before he was so ; and Mr. Julian might have spared his Plaguy Metaphor of his Pitch and Tarbox ; till he felt more fumes of an infected Air ; and some better symptons of the Plague : for while their is nothing but Cypher to that Disease in the Weekly-Bill , the people would take this Doctor for a Mad-man , should he run about the Streets with his Antipestilentials , his * Fires and his Fumes : But yet in this his own Case , had our Author oblig'd himself but upon a great penalty ; not to use his preparation of Pitch and Tar to prevent the distemper , I fancy he would run the risk of an Infection rather then have than forfeited the Condition : And I should think an Oath taken to be true to the Crowns Heir should oblige as much , prevail upon his Soul as well , not to use such means and methods as would make him forsworn , tho it were for the prevention of an ascertain'd danger . And I cannot see how such a Bill that dissolv'd the very band of our Allegiance ; could be call'd any thing less , then an Act of Parliament for a Statutable Perjury ; for none but a Johnson or a Jesuit will allow that the same Lawful Authority that impos'd an Oath to be taken , can command its violation after it is took , and that sticks so much at present with some of our moderate Covenanters ; that they cannot think themselves by special Act of their Lawful King , absolved from an Oath of Rebellion administer'd by none but Rebels and Usurpers . And tho this Gentlemans Oracle of the Law , was pleas'd to call them but Protestant Oaths , I might as well tell them they are Christian ones too , if they believe the Testament to which they swear . And as this Gentleman agrees with , and perhaps has borrow'd from this old Disciplinarian , several of his Doctrines ; so has also Brutus's Vindiciae handled the same Question , which he has propos'd in this form , whether it be Lawful to resist a Prince that Violates the Laws of God , and lays waste his Holy Church . But from that Excellent Author our Julian might not only have prov'd the Doctrine of Resistance to be the practice of the Primitive Christians ; but that it was much Older , and Commanded by God himself to the Jews ; and as the former ‖ Author his Predecessor , can only from the Text tell us of the Kings of Israel being oblig'd to propagate the true Religion , such as David , Solomon , Asa , Johosaph , Hezekiah , Josiah , &c. All Foreign to the Question , so does this Brutus tell us an idle tale : and the Fancy of his own Brain ; that therefore the People of Israel fell with * Saul because they would not oppose him when he violated the Laws of God ; that the People suffer'd Famine for their not opposing his persidiousness to the † Gibeonites , that they were punish'd with the Plague because they did not resist ‖ David's numbring of the People ; and that the People suffer'd for † Manasses poluting of the Temple because they did not oppose it ; But where stilldo any of these prove , that the People did resist their Kings , or were commanded so to do ? 't is but an Irreligious Presumption to think the Almighty should punish his chosen , only because they did not Rebel against his Anointed ; when that Rebellion even by the same sacred Text is declared worse than Witchcraft ; and that primitive one of Corah and his Accomplices was so remarkably punish'd : But I know these Authors will tell us , That Eliah destroyed the Priests of Baal , notwithstanding that Ahab their King countenanced their Idolatry ; That Jehoida the Priest set Joas on the Throne , and not only rebelled against his Mother Athalia , but destroyed her to restore the Worship she had abolish'd : But in both these Instances they may do well to consider : 1. That what was done here was by the express Direction of the true Spirit of God in his Prophets ; to which when our inspired Enthusiasts , our Oracles only of Rebellion , can prove their right , as well as they but pretend it ; they shall be better qualified to Judge their King when he offends against the Laws of his God. And does not the Text tell us upon these very Occasions always , That the Word of God came to his Servants : 2. Athalia here , whom the People resisted , deposed , and slew , had no Title to the Crown , but what she waded through in the Blood of all the seed Royal : Religion was not there the rise of the Rebellion , but the right of the Crown 's Heir , which was in the young King Joas , whom they set on the Throne of his Father Ahaziah , and for which Heavens had preserved him ; notwithstanding the 〈◊〉 , and Design there was to destroy him : 3. If Religion were the Occasion of such Insurrection , as it really was not ; yet the Worship then introduced was altogether Pagan , which by the express Command of God , they were bound to extirpate . And whatever our Apostate fansies in his Comparison of Paganism and Popery , my Charity will oblige me , as a Christian , not to look upon the Professors of the same God and Saviour like to so many Turks and Mahometans , unless they can prove to me from the Text , that by the Worshipping of Baal is only meant the Catholick Faith , and to believe in Christ is to be an Infidel . In the fourth place they do not consider , that even their own Arguments make all such Applications to all ourpresent Kings altogether impertinent : For these * Republicans that maintain these Doctrins ; tell us too that the Kings of Israel were always to be regulated by the seventy Elders , as those of Lacedaemon by their Ephori ; that to these seventy the high Priest did always preside as Judg of the most difficult Affairs ; so that Arguments and Presidents brought from such Topicks , where they make the Kings to be govern'd by their Subjects , can't be applyed to Monarchs that are Modern and more absolute , tho this their very Assertion that makes against their own Application is no less than a great Lye : For we find both the Kings of Israel and Judah from the Chronicles , the very Records of those times to be Princes altogether absolute , and to have executed too that unlimited Jurisdiction . I have related these few passages , out of the fore mentioned Authors to let this unanswerable Julian see , as I promised in the preceding Section , that this his Case , had been Controverted long before he could Read or Write , and defended only by such Pens , as have Publish'd themselves and their Principles both infamous to posterity ; such as have endeavoured to prove and promote Rebellion , not only from the practice of the Primitive Christians ; but the Privileges of the * Jews , the words of the Book of Life , and the very precepts of the Living God. His Comparison of Popery and PAGANISM , might be as well returned with a Parallel of Johnson and the Jesuit , for in many principles of Sedition they agree : and he takes ( in some Sense ) a little pains to prove his Kindness to the Pagan ; that has thus traduced the Religion of the Christian. And we see that some sort of Modern Protestants could not only side with the Turk in his Arms , but almost in his Insidelity : The Religion of the Romanists I shall for ever dislike ; yet still I would retain more Charity , for the 〈◊〉 of the same God and Saviour , than for an Heathen that is ignorant of both . It was falsely inferr'd from a Person at Fishers Conference ; That the Church of Rome was the more Secum and Eligible for allowing no Salvation out of theirs ; whereas ours did out of our own , a choice both Irrational and Vnbecoming a Christian , who from the Charitableness only of our own might have thought it more eligible and safe : But our avenging Priest here has pay'd them off with their own Spirit of POPERY ; and for their Damning of HERETICKS , has sent them all to the DEVIL . CHAP. V. Remarks upon Mr. Sidney's Papers . COULD the Principles and Positions of such implacable Republicans be Buried with their Authors , or cut off with the venemous heads , in which the Vipers are both hatcht and harbour'd , our subsequent Observations would be superseded with an Execution of the Law ; Treason and Sedition it self best silenc'd with the Tongues of the Traytors , and the Stroke of Justice : But Since we have seen a Most mighty Flourishing Monarchy , with these Undermining Maxims , of our dangerous Democraticks , Usurpt upon by the very , dregs of the People ; tho these Principles of Anarchy , and Confusion , were Damn'd even by some of those Misguided Miscreants , that were of late deceived into an Actual Rebellion ; a Calamitous War , led into a Labyrinth of almost an endless Misery : Tho the God of Heaven restor'd us that Government with a Miracle , which these Instruments of Hell had undermin'd with Treacherie and Plot ; tho the promoters of these Principles that procur'd that dismal and utter dissolution of the State , for the most part long since expir'd either with a dry Death which the Authors of so much Blood and Misery did hardly deserve , or fell Victims to the Justice of the restor'd Monarchy , which they might be better said to merit ; yet still we see their Positions to survive their persons , and their Monumental mischiefs more than any Marble must adorn their Tombs . The Doctrines of these Devils of Sedition , are transmitted to their posterity , with as much Veneration and Deference as of old the deliver'd Oracles of the Deities of Rome ; or the murmering Israelites their Prototypes of Primitive Rebellion and Plot , or even themselves do the Decalogue it self . And this Asseveration is so far from the Product of Passion , that I can prove it in it's several particulars ; * Brutus his Vindiciae was only the great Copy , and as exactly transcrib'd , from his immediate Predecessor in Sedition ; that Daemocratical Dogmatist de jure † Magistratuum , Pryn ; and ‖ Harrington here in our own soil , had his † Needham to succeed him ; or rather as nearly Cotemporaie's to support him in his Political Treason : In our next age we are pester'd with a Nevil , a ‖ Plato ( i. e. ) A Plague to any Government that requires a Subjection ; and the very Subject of our present animadversion a † Sidney his Associate , all agreeing in every Syllable , in the same unanimous Absurdity , the same Seditious Nonsense , the same Confus'd Notions of an Anarchy . I shall show the Congruity of these Conspirators , ( for I cannot call themless , and there cannot be greater Villains ( than what set up for Common-Wealth's men , under an Establisht Monarchy . ) I will shew their agreableness from their own several Citations in a perfect Parallel of each Politician's particular positions ; and this work will be most apposite and proper for this place , and such a Section ; where Mr. Sidney must make the Subject a Person that valued himself for his Antimonarchical principles ; at a time when he was to be * Try'd for Treason ; at ‖ a time when he was to suffer for it too , or in his own Phraseology ; singl'd out as a Witness of the Truth ; tho some 〈◊〉 Subjects might believe it , persisting in a great Lye : A Person that seem'd to suggest his Salvation , his Soul's safety to consist in asserting the Seditious positions of a rank Re-publican ; ( as if Heaven it self had been Concern'd for his answering Filmer . ) In short a Person the most Eminent Anti-Monarchist of our present Age , and as he says from his Youth ; fam'd and engag'd for it in the past , of a designing Head , and a discontented Heart , that would have been dangerous even to that Democracy he did adore . But as I don't design to write the Life of a person , that was the Daedalus of his own Destruction , that drew down upon himself an Ignominious as well an unfortunate death , and Sacrific'd himself to the Bigotted Sentiments of his own Brain , which might have been less dangerous too to its Natural Head , had it not been busied so much about the Nations Politick Body , and might have left behind it a more lasting Monument of its Wit and Parts ; so happy to be as Loyal as it desir'd to be thought had it been Learn'd , and the disgrace will ever supersede the Glory of the greatest parts ; when it can be said they were exercised only in being so Seditiously Witty : I design no personal Reflection on his Name , or Family ; wherein the Exemplary Loyalty of some of his best , his Noblest Blood ; can almost restore and attone for his own 's being tainted ; and their stedfastness to support the Throne ; can make amends for his Faction to subvert it ; and as I should be very loath to give the least offence to the Living , so I delight as little to disturb the Ashes of the Dead : I am satisfied 't is the most uneharitable as well as it will prove but a rude draught to design upon the dust , to disquiet their Peaceful Urnes , who are said to rest from their Labours ; but the same Text tells us too their Works will follow them ; and 't is those his principles , his positions I profess to censure and refute , tho I am sure this Gentleman , and his Hunt , have hardly been so Charitably Fair to the Fame and Memory of their Filmer . And the first that fall in our way , are his first lines that were produc'd upon his Tryal , wherein he Labours to Vindicate the * Paradox of the Peoples right of being their own Judges , and deciding the Controversie between themselves and their King ; but tho they are told ten thousand times , that this would make the very ‖ party to be the Judge , and produce the most preposterous and unequitable destribution of Justice , such as a Barbarous Nation would blush at ; tho both our Common Law , and Common Equity ; tho both the Canon and Civil , provide even against all * Prejudic'd Evidence , and must then a Fortiori , against a Judge that is so , and tho this Equitable process is provided even in Favour of this People , yet cannot these perverse implacable Republicans , think the same Common Justice necessary in the Case of their very King. And then I hope they will allow 〈◊〉 Soveraigns Cause to be 〈◊〉 by Witnesses as well as their own ; and then who shall give in Evidence the matter of Fact in which he has 〈◊〉 his trust ? why they must tell us again , the People ; so that the People 〈◊〉 is Party , Judge , Evidence , and all ; and no wonder then if among the People too , we find a pack of Perjur'd Oates's , that can impeach their Prince . But it is not really the Reason of the thing they so much rely on ; for that I shall refute anon beyond Answer and Reply ; unless it be from such as are resolv'd to Rebel against Sense , as well as their Soveraign ; but that which truly determines these dangerous Democraticks , is the tradition of their positions ; which ( as I observ'd ) are deliver'd down to their posterity , and rever'd for Revelation : The Principles of a Republick like the root of Rebellion it self run in a Blood , or are receiv'd like the Plague , from the Company they keep by way of Contagion : They are loth to dissent from their Friends and Relations , or Condemn the resolution of their pious Predecessors . But sometimes the Seditious Souls are Seduc'd and Prejudic'd with the Approbation of an Author ; whom they shall as much perhaps pervert , as they little Comprehend , sometimes impos'd upon with a pretended Antiquity of their opinion and policy , with which too they would delude others , so for the first we saw not long since a Plato Redivivus dealt with the Devil he would have raised in the Ghost of his Philosopher , and endeavored to obtrude upon the World the lewdest Sedition , for the Dogma Platonis ; so did also the Leviathan of the Usurper , that took his pastime in his unfathomable Oceana ; ( i. e. ) a political piece of Paradox , deep and un-intelligible ; besides the quaintness of its pretty Style , that renders it a Composition of Pedantry , and Romance , That Illuminato was perswaded , ( among the wonders in his deep , ) that he had discovered what had been so long buryed in the Floods ; the old Model of the very Primitive Common-wealth , ( as if his Idaea of Government , had determin'd the Deity , or at least had been concurrent with the Design of the Creator , when he fram'd a World to be govern'd ) for the bold Gentlemen being very Opiniative ( and I think one might say a little impious too , ) * Appeals to God , whither the Sentiments of this Oliver's Architeck , do not suit exactly , with the very Protoplasts , the Almighty's Mind ; and whither his Model ( which all must acknowledge the result of a most unnatural Rebellion ) was uot the very Common-wealth of Nature ? And this his Prototype of the Primitive Republick , the Pragmatical Dogmatist is pleas'd to call , the † Doctrine of the Antients , or Antient Prudence , but if such ( as he says ) were the Government before the Flood , I shall only conclude it so ; because its Lewdness and Sedition , might occasion the deluge ; and might have been preserv'd for them in the Ark too , since there was Beast in it of every kind ; and their admir'd Aristotle will allow his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be Communicable to an Ant , an Ape , or an Ass as well as a Man. This opinion of the Peoples deciding between themselves and their King , you shall see is not only Mr. Sidney's , but the Doctrine of all the Democraticks , all the rank Republicans that ever writ ; * Brutus in his Vindiciae makes the Magistrates whom the People shall Authorize ( by whom he understands their Representatives , their Dyets , or Parliament ; or else such as was the Ephori of the Lacedaemonians , the Seventy Elders among the Israelites , the Praefecti , with the Centurians among the Romans , these makes not onlythe Judges , but the Avengers of the Perfidiousness , ( as they call it ) of their Princes ; upon their presumption that they have Violated the Laws . About a year before the Publishing of that Pernicious piece , some say a Romish Priest , a Catholick , others a Reform'd one , A Calvinist ; maintain'd the same Doctrine , in a Treatise concerning the Soveraigns right over the Subject , and the Subjects Duty towards his Soveraign ; for there he tells us ( tho it be a Common Objection that the King has no other Judge but God himself , and the Example of David as commonly objected , whose Murder and Adultery no less Laws could punish than the Almighty's , ) he ‖ Answers to it very positively , that the States of the Kingdom always retain'd a power of Judging and Bridling their King ; which if they do not do they are Traytors to God , and their Country ; he would resolve the Case of King David , ( whom the People could not Judge for his more than Ordinary Crimes ) to result from his sins and offences but being Personal ones ; and ( as he must mean I suppose ) not perpetrated against the Welfare of the Common-wealth it self ; tho I cannot see why the breach of any Law establisht in a Community , may not be Constru'd to be a Transgression , also against the Publick ; tho the Injury sustein'd more immediately relates to some private Person : 'T is for that Reason all our Indictments run in the Kings Name , and the Criminal Process , in all other Nations ; at the suit of the Power that is Supream ; so that properly there is no Personal Crimes , especially of this Nature , but what can be consider'd too ; ( as they Commonly are ) against the National Interest ; and the very well being of the Civil Society : So that if they 'l Punish , or sit as Judges upon the Soveraign , for designs against the Publick State it self , they can as soon for any injury done to an private Member of the same : But that we see the Israelites didnot pretend to do even in their David's Case ; and so his solution of the Nature of the Crime signify's just nothing . Mr. Harrington whom his advocate , and his Plagiary too , in his * Plato Redivivus is pleas'd to recommend for his Learning , least the Notion of the Balance that he borrow'd from him should be taken for a Fool 's , as well himself 〈◊〉 for it there , and play'd the Knave ; why truly that Learned Gentleman Chimeson in the same Din of the Peoples Judicial power , ( and these drudges of Sedition like the Common Pack-horses pursue all the same Track , and the leading Bell ; for he tells us too , ‖ the People , or Praerogative ( all one with them , ) are also the Supream Judicatory of this Nation , having Power to determine all appeals from the Magistrate ; and to question him for his Administration . In the next place , that * Independant Brute , that Assertor of his Free State , as he calls it , ( i. e. ) to be unconfin'd , and live like Savages : In Mr. Hobbs his Language , The State of Nature ; or if you please , in Mr. Harringtons , The Balance of Beasts . This inveterate Villain , that vilifi'd our Monarchy , ( tho that Heaven instituted it self , after its own Theocracy , ) that debused this Divine Institution , even below their Human Invention , and † calls its Principles Brutish ; That Panegyrist of the Usurpation , some of whose most Villanous Expressions , I may hereafter revive , for the Reproach of the last Age , that suffer'd such a Miscreant to Murder Monarchy it self from the Press , when they had Butcher'd it before on the Block ; and for the Information of this , that think themselves so hardly dealt with , when only their own Treason , and Sedition , is less severely handled : That Opprobrium of Man , as well as Subject , That pursued the Sons of the Martyr'd Soveraign , in such scandalous Satyr , and bitter Invective ; such Satyr , as themselves would think but rudeness , if offer'd , only to the very mark of Infamy ; their Perjur'd Evidence , or their Pillor'd Oates ; such Invective , as themselves would think Inhuman , were it past upon Beasts , or their own more Barbarous Regicides : This most unnatural lump of Anarchy , whom but to name , is to digress into necessitated Horror , and Detestation ; he publish'd too , this very same position , only in plainer Words , and more expressive Treason , viz. That the People were not only Judge , of his Majesty , but That it be made an unpardonable Crime , to incur the guilt of TREASON , against the MAJESTY of the PEOPLE , * and notwithstanding those gaudy things call'd MONARCHS , the PEOPLE always made a shift to bring them to an Accountable Condition , For this the Plato Redivivus , or the Politick Plagiary ‖ founds all his Empire , and Dominion , in Property , according to the Doctrine of the Ancients , or Oliver's old Oceana , only a new Babel built upon Rebellion : For by this their own Maxim of Balance , or Property , the People must be the supream Judges of their King , and so the only deciders of their own Case ; for tho the King may be said to have , and surely has more of this Property , than any single Subject ; yet they are satisfi'd , he can never come to have more than all , unless we could imagin he had in actual Demesne , the Major part of every foot of the Land in his whole Dominions ; tho I think I have shown in some foregoing Section , in what Sense even the Law will allow the Soveraign to have some sort of propriety over all : So that this their Ancient Prudence , or Empire in property will allow the Collective Body of Subjects , to be the best Judges of their own Case ; nay necessitate them to be so , tho not some certain Subjects . But then tell me , Seditious Dolts , the disparity between these Maxims you so much admire for their Antiquity , as if founded upon Eternal Truths , and the Doctrine of a Brutus , or a Pryn , the very Words of our Modern Common-wealths-Men , which almost all the World will allow to be great Lyes ? and what does Hunt's Harangue tend to , but to maintain all the very same Position of this Peoples judicial Power ? Does he not for this tell us , That no * Civil Establishment , but is controlable to the publick Weal : ‖ That the Crown is the Peoples Right ? and in a word , in the very words of that Monster ; in his Mercury I mention'd above : A Miscreant that did not dare to see the Light , till the Monarchy it self was involv'd in its darkest Cloud ; and in his lewd Language , does this illuminated Lawyer open too , even in this very Case , ( viz. ) That Treason , ( may very well be committed against the Majesty of the People ; and the same says , The Counterpart of this excellent Lawyer ‖ Wil. Pryn in one of his Treasonable Treatises , Pamphlets or wast Papers . Here you see the Harmony , and agreeableness between the several sorts of these Seditious Demagogues , that is , the Seducers of the People , according to the very Literal Etymology of that very word they so much delight in ; and Mr. Sidney , when he says , there being no Judge between King and People , that therefore the Case admitting no other , they must needs be Judges of things happening between them and him , is just no more than what you see , all those I have cited before , have all , all to a syllable said . Could I distort my Soul , and my little Sense so much , as to wrest it for a while , to play the Republican , ( i. e. ) to be Senseless , and Seditious ; sure common Prudence would prevail with me not to labor so much in such a Subject , where the most sublimated Wits , with their most exalted Sense , can never say any thing that is really new , any thing besides what has been as much baffl'd of old , especially where the pains must be as unprofitable , as the argument dangerous , and well it may , that sets up for a Common-Wealth , under a Monarchy so well establish'd . But since we have here seen all what such a series of time , and such a number of Sedulous and indefatigable Authors have said upon this point , they surely cannot but forgive us , only for asserting this point of the Government , which they with less Reason are so ready to oppose ; when our attempt , if it merit nothing , cannot be condemned from any Law , only for desending its own Establishments ; and theirs for disturbing the publick Peace , must be liable to be punish'd by the Laws of any Civil , or Human Society : But to take no advantage from our having the better end of the Argument ; consider the Case only in the absolute Abstract of pure and unprejudic'd Reason and Equity ; Mr. Sidney says , ‖ 'T is a most absurd solly , to say a Man might not in some places kill an Adulterous Wife , or a disobedient Son or Servant , because he would there be both party and Judge , ( tho the Romans for that Reason would have kill'd him , that ston'd his Son to Death ) I don't know what Civil Society allows of such a sort of Severity , or what Barbarous one he had been bred in , but I am satisfi'd , that for that very Reason , they being the Parties most offended , have therefore sure the less Reason to animadvert on the Offence , unless we could imagine them God Almighties too , as well as Governors , that had Injustice for their all , their Attribute ; and nothing of Human Passion , or Frailty , from their suffering injury to transport , or deceive them in their executive power , beyond the Measures of its Administration : The Sons of Brutus had sav'd once their ungrateful Rome from a Foreign Foe , as well as the Father had delivered it from the Domestick Slavery , ( as the Democraticks of those times termed too , their Rebelling against their perpetual Tyrant , their Caesar or their Prince ; ) yet so transported were the People , with the unsuccessful Attempts of those unhappy Youths , only for the thought of restoring that much better piece of Polity , the Monarchy , they had help'd but so lately to subvert , that without the least Consideration of their past Services they soon sentenc'd them to suffer : But were it granted them , That in some places , the Parties are permitted to be the Judges ; Does that argue for the Reason , and the equity of the thing that they must be so in all others ? 't is sure a very sorry sort of an Argument , that will conclude from a particular wrong , to an universal Right . 'T is such an one , as themselves would not allow of in the like Case , when it makes for the Monarchy : For when 't is objected to them , that God in the Sin of his Servant David , did somewhat signifie he reserv'd the judging of KINGS to himself the King of Kings , and Judge of all the Earth ; and that therefore the Elders of the Israelites , or their Seventy , which Brutus says , were then to constitute their supream judicatory , we see did not , or could not call him to Account ; why truly to this it is answered by his Predecessor in his Principles , that Plato to this Aristotle , That Author de jure Magistratuum , That it is a false Conclusion to say , Kings ought not to be punished by the People , because David , or any particular King was not . I shall grant this renown'd Republican , more than he 'll be willing to accept of , especially in one of his Instances of the Father , tho party to have heretofore been judge even in Capital of his Sons Offence , tho against himself ; but that was when the Government of almost all the World was purely Patriarchal , and then he had the same Despotical power over his Wife and Servant , his whole Tribe and Family ; and even as their Aristotle , a Common-wealth man insinuates to us in his Politicks , those ruling Fathers , afford us the Foundation for all Monarchy ; but says Sidney , There being no mean Judg between King and People , therefore they are his Judges , and their own ; and why may it not be as well said , therefore he is both his own Judge , and theirs ? there is no one to mediate even in his own Instances , between the Father and Son , Husband and Wife , Master and Servant ; and does therefore the Son Judge the Father , the Wife the Husband , and the Servant the Master ? or are either of them therefore the Judges in their own Case ? Certainly with Men of Common Sense , the Supream power must conclude the Judicial too , and that even themselves seem to suggest ; tho it be bottom'd upon a false Principle , when they place it in the People : For they tell us themselves in their old Antiquated Aphorism , when they consider them Collectively , they are satisfied they have the supremacy , and then they would be not only Judges in their own Case ; but would for ever Exclude their King from being Judge ; but the very Foundation of this piece of folly under any Monarchy , must needs be false , and so the very Babel they would build upon it must needs fall into Confusion . But to give a farther Confutation to this first Maxim of this Antimonarchist , tho it be really no more than what was Printed in the Rebellion , in another pernicious piece , besides what we have mention'd above ; It went under the Name of a Treatise of Monarchy , and its Author Anonymous , who very fairly puts it in the very power of every Man to Judge the Illegal Acts of his Monarch ; * But yet will not admit it to argue a superiority of the Persons Judging , over him that is Judged ; and indeed 't is such an Inference , as seems to be just as full of Folly as Faction , only they that would make the People supream for it , are the more lying Knaves ; and this that would make them decide the matter without , the more Factious Fool : for when you ask these Sophisters in policy , if a Soveraign transcends his Bounds , who shall be Judge . of that excess of Soveraignty ? why themselves tell us there is no Judge , and yet will have the People and the Party to be so ; but what if I should for once force them upon some shadow of Argument , and tell them the Fundamental Laws of the Land , to be the best Judge ? Yet still they be at a loss for this THEIR Judicatory ; for the King who is the Fountain of all the Laws , is the best Judge too of their being violated . But besides the very Supposition of such a Violation of the Laws , by our own 〈◊〉 , is as false in Fact , as 't is expresly against those very Laws to suppose it ; for by * those he is declar'd to be never able to do any wrong , and so his Subjects cannot be injur'd by him , or the Statutes violated , when by those very municipal Sanctions , he is still presumed to do right ; but besides , Regal Authority cannot in Reason be subject to the Penalty of any positive Laws ; tho it may perhaps be oblig'd to the Observances : And this made as ‖ Learn'd a Person , as any our Land bred , to distinguish this Royal Obligation into the directive and coercive part ; to the first , he thinks them somewhat subject , tho never to be compell'd with the latter : Consult but your Bibles , and the most curious of our Common-wealth's-Men , will hardly discover , what these illuminated Virtuoso's of the State , have of late brought to light , that any of the Kings among the Israelites , or the Men of Judah were tied to the Laws of their Land : That very Description that Samuel gives them of their Soveraign Saul , which our Democraticks delight to represent so very grievous and intolerable , and which the late Mercury-maker calls the giving them a King in his Wrath ; yet that serves sufficiently to satisfie these mighty Murmerers , that the Nature , the Constitution of Monarchy was look'd upon then to be much more Arbitrary , than themselves , the most Seditious Subjects , would well allow , or our present Soveraign aim at or offer : For he tells them , The manner of a King must be to take their Sons for his Service , set his Souldiers to devour the product of their Ground , seize their Daughters for Cooks , and Confectioners ; their Vineyards , and their Seeds , their Cattle , and their Servants , all must be his , such an absoluteness , and even an Opprestion , that they shall , as Samuel says , cry out because of their King ; yet even this , after he was by the same Prophet anointed , and endowed with all that formidable Power , he so fearfully represented , we don't find even him reproach'd for a Tyrant , or upbraided for violating the Laws , or any breach of Trust ; whereas their Brutus , in his Description of a Tyrant , calls it Tyranny only for a Prince to bring in Foreigners for his Gaurd ; and then our Haringtons , Hunts , Nevels , and Needhams , might have made it Treason too against the Majesty of the People ; for our Kings that have suffered several French Souldiers in their Troops : I say seriously they might have made use of such a Ridiculous Argument of this Authors , for accusing our Princes of their Arbitrary Power , as well as they have borrowed from the same Senseless Soul , as silly and Seditious stuff . But least our Republicans , as they really do , should rely too much upon Samuel's frightful Description of an Arbitrary Prince , ( which they now-a-days too much make the Bugbear of the People , as if their Dogs can worry the best Government , when drest in a Bear-Skin ; ) 't is the Sense of some Learned Men , that the Prophet gave them only this draught of a Monarch , to let them know the extent of his power , and as Sir Walter says , to teach the Subject to suffer with patience any thing from the Hands of his Soveraign ; and I think that unfortunate Gentleman when he Pen'd most of that Excellent piece as a Prisoner , had no Reason to be suspected for a Dissembling Flatterer of Kings , as Brutus representsany one that defends his Soveraign's Right , for a Traytor Betrayer of the People , as Hunt has it , or as Needham ; Debauch'd with the Brutish , Principles of MONARCHY ; but I am sure may be allowed to have had more than them all . In the next place , the Laws of Nature , of all Nations , and particularly our own ; all absolutely exclude the People from being Judges in the Case of their King : For the first , It is the most Preposterous and Unnatural Inversion in the World , that inferior Subjects should be invested with such a Power , as common Sense will not admit to be lodg'd tny where but in the Supream ; they may as well invert the common Course , the constant Order of unalterable Nature it self , expect the Sun and Lamp of Heaven should no longer move in an Orb so high ; but Stars of the meanest Magnitude set up for the sole Dispensers of the day ; and the simile for ought I see is not so Foreign neither ; for we find there is more than a mere ordinary Analogy between that Harmonious Symmetry of the World , and such a System of Government , as if that Eternal Protoplast , had found it most agreeable for the frame of the Universe , which he the very God of Unity had form'd ; as if the Institution of the one , were nothing less Divine , than the Creation of the other . And for this , I dare appeal even to the Almighty , and that with better Authority , than Mr. Harrington with his Antient Prudence : The God of Heaven , who by all , unless they be Barbarous ‖ Heathens , is allowed to be but one , and he himself is pleased to call Kings his very Vice-gerents here on Earth ; and the very Polytheists of Old Rome , that had their Gods for almost every day , as numerous as they say , the Modern Romanist , in his Calendar of Saints ; yet they among the many Deities they ador'd , still lodg'd the Supremacy in one , and ascrib'd all the Government , all the sole Supream Power , to their Mighty Jove : For this he framed one Sun to Rule by Day , and a Moon by Night : For this he Justified that paternal Right , in one Man , which even their Aristotle , a Heathen Born , bred under a Republick , reckons for a sort of Monarchy ; But I confess such a sort of Argument , can not be concluding with Men that will oppose Heaven it self , and all the Harmony of its Creation , rather than be convinced , That their own Models end commonly in Consusion , and are best represented in the Primitive Chaos . For the Second ; Consult but the Imperial Laws , and the Codes of Justinian ; Laws that were Collected from other Nations , as well as made by their own , Laws that their Solon and Lycurgus , with all their Attick Legislators ; all the great Republicks of Greece , which these Seditious Souls so much extol , could never have reform'd ; and you 'll find what provisions those make for the Supream Magistrates being the sole Judge : The resolutions of some of those Heathens of the Royal Authority , their Humble Submission to the Supream Jurisdiction ; in all Causes , and over all Persons , ( as our Protestant Oaths have it ; ) one would think should make the boldest of our Christians blush , that can run up resistance , at the same time they are Sworn to submit and obey ; these their Laws , which for their equity have obtain'd even thro the universe , these tell us , That the * King is both the Maker , and sole Interpreter of the Laws ; that what ever ‖ pleases the Prince has the Power , and efficacy of a Law ; and that 't is a Crime equivalent to * Sacrilege it self , to resist a Proclamation , or Edict of their Soveraign , that he himself is bound by no Law ; and then I am sure can't be judg'd by any ; and that he is † exempted from them , here on Earth ; because Subject to none but the Judge of Heaven . And for fear least Arguments drawn from the Laws of Nature , and all Nations should be insufficient , to convince men of such Seditious Sentiments ; we 'll for Confirmation of the Third , Subjoin the Resolution of the very Lawyers of our Land ; and they tell us too , what the God of Heaven ; and almost the Universal Concurrence of all the Nations upon Earth have agreed in before ; our Britton as I 've shown before , has in effect with the very digest of the Imperial Law ; made our Statutes to consist in the Will and * Pleasure of the Prince ; only qualifies it with this Insignificant Restriction . That it must not be understood of an Absolute Will and Ungovernable , but such as is guided and regulated by good advice ; and the Rules of Equity , and Reason ; and if this be a Warrantable Resolution , ( and I warrant you the rankest Republican will take his Authority to be good ; should it in any place favour their Anarchy ; then it must be unavoidably concluded , that where the Law is the Princes ‖ Will ; none of his People neither as aggregate , or Jndividuals , can be Judges of its Violation ; neither can it according to common Sense , without the greatest Solecism , and Absurdity ; be said , by him to be violated at all ; for where the Custom of the Kingdom ( as it must be in all absolute Monarchies ) has plac'd the sole Legislative Power in that which is Supream : There the same Will , or Moral Action of the Sovereign , that breaks an old Edict ; is nothing else but an Enacting of a new ; and the Common Objection , that our Republicans Flourish withal against this , is , That then Murder and Sacrilege might be the Laws of the Land , because perhaps it has been heretofore the pleasure of our own * Prince . But as such Observations are full of Venom , and Spight , so they are as much impertinent , and nothing to the purpose ; for whether our own old English Lawyers had restrain'd the meaning of the Word WILL , to a WILL guided by right Reason and Judgment , no Person of sober Sense , but must Imagine , that the very Principi placuit of the Romans , was as much restrain'd to the Rules of Reason and Equity ; and therefore their Tiberius , Caligula , Nero , and Domitian , were as much Tyrants , and by their own Authors so are term'd , as if they had been bound by the strictest municipal Laws of a mixt Monarchy , and as the People themselves to the very Penal Statutes of the Land ; and therefore for that Reason the very same Civil Sanctions of their Imperial Law , that allow such a Latitude to their boundless Prince , abound too with this Restriction , that still it becomes him to observe those very Laws to which he is not oblig'd : And for the spilling of Blood , or Robbing of Churches , and the like unnatural enormities , which they say by the Soveraigns being thus absolv'd might become Lawful : did not the very Directive part of some of their Municipal Laws forbid them in it , the precepts of God and Nature , the Unresistable Impulse of Eternal Equity , and Reason ; to which the Mightiest Monarch must ever submit , and themselves did ever own a Subjection ; those will always tye the hands of the most Absolute , from Committing such Crimes ; as well as the Common Lictors do the meanests people for being by them perpetrated and Committed ; and 't is a great Moral Truth , grounded upon as much Reason and Experience , That those dissolute Princes that did Indulge themselves in the Violating the Divine Laws of God and Nature , could never have been constrain'd to the Observance of our Human Inventions , the Municipal Acts of any Kingdom , or Country . And therefore I cannot but smile to see the Ridiculous Insinuations of some of our Republicans , endeavouring to maintain that by such silly suggestions , which they can't defend with Sense and Reason ; for rather than want an Objection they 'll put us too suppose some Kings endeavouring to destroy their Subjects , and alienating of their Kingdoms ; and then put their Question , Whether the People shall not Judge , and Punish them for it ? but in this they deal in their Argumentation against their King , as some Seditious Senates of late indeavoured to Impose upon him to pass Bills , by tacking two together : A popular encroachment , with an Asserting the Prerogative : Just such another business was bandied about , by that baffler of himself ; that pretious piece of Contradiction , Will. Prin. Who tells us out of Bracton ; That GOD , the Law , and the Kings Courts , are above the King ; where if you take all the Connexion Copulatively ; 't is not to be contradicted , because no King but will allow his God to be above him , under whom he Rules ; yet even there it may be observ'd , that the Lower House , he so much Labour'd for , is not so much as mention'd . So do these Sophisters in the Politick's here , proceed just like those Jugglers in the House ; they couple a supposititious piece of Premis'd Nonsense ; and then draw with it , a pretty plausible Conclusion ; for what man can Imagin , if he be but in his Wits , that his Monarch , unless he be quite out of them , and Mad , would destroy those over whom he is to Reign , none but the Bosan in the Tempest , with his Bottle of Brandy , was so besotted as to think of Ruling alone ; and setting up for a Soveraign without so much as a single Subject ; so that should these peevish Ideots , have their silly Supposition granted , still they would be prevented from obtaining their end at which they aim , for first if we must suppose all the Subjects to be destroy'd ; where would there be any left to judge this Author of their Destruction ? if they 'll suffer us only to suppose the Major part , or some few certain Persons to besacrific'd to his Fury , then still that Soveraign , that would destroy the most part , or some certain number of his Subjects without Sense , or Reason , must at the same time be suppos'd to be out of his Senses , and then no Law of any Land will allow the People to punish a Lunatick : But if a King must be call'd a Destroyer of his People only for letting the Laws pass upon such Seditious Subjects , that would destroy him ; which is all the Ground they can have here , for branding with it their present Princes ; and for which these exasperated rebels really suggest it ; then , in Gods name , let the Latin * Aphorism take place too : Then let such Justice for ever be done upon Earth ; and trust the Judgments of Heaven for their falling : Then let them deprecate , as a late ‖ Lady did , the Vengance of the Almighty , upon the Head of the Chief Minister of the Kings ; but let there be more such Hearts to administer as much Justice , and the hands will hardly receive much harm for holding of the Scales . And for that others silly supposition of these Seditious Simpletons , of a Kings Alienating of his Kingdom ; * they must suppose him at the same time , as simple as themselves that suggest it ; and could they give us but a single Instance , or force upon us any President ; all they would get by it , is this , That as their supposition was without sense ; so their Application would be nothing to the purpose ; for such a matter of Fact of their Kings would make him de Facto none at all : I know they can tell us of one of our ‖ own that lies under that Imputation , of making over his to the Moor : And of others , that in the time of the Popes Supremacy , resign'd themselves with submission to the Holy See ; for the first , the most Authentick Historians not so much as mention it ; and were it truly matter of Fact , that King had really nothing to resign ; for the Republicans of those times , were the good Barons that Rebel'd ; and had seated themselves in a sort of 〈◊〉 before ; in short if it were solemnly done , it would look like the Act of a Lunatick ; if not at all , as is much more likely , their Historians Labour in a lye ; and for the other , we never had a Soveraign that Submitted the Power of his Temporal Government of the state to the Pope's See : but only as it related to the Spiritual Administration of the Affairs of the Church , and the Religion of the Times . These sort of Suppositions have so much Nonsense in them , especially when apply'd to Human Creatures , and more then when to Monarchs , that have commonly from Birth and Education , more Sense than common Mortals ; that there is not so much as a Natural Brute , but will use what he can manage as his own , with all imaginable Care and Discretion . How tender and fond are the most stupid Animals ? how do they most affectionately express that paternal Love for the Preservation of their little Young ? how abundantly do they Evidence that Natural * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with which Mr. Hunt gives us such a deal of impertinent disturbance ? and why cannot the King of a Country , whom the Civil and Imperial Sanctions represent as the ‖ Father of it too , be supposed to retain as much a paternal Care for its Conservation ? we do not find even in that their Free-State of Nature , or that Common-wealth of Wars , the Republick of unruly Beasts , where there is the least Relation , or resemblance ; tho perhaps they have power and opportunity , that they delight to devour and destroy , and much less do they covet the ruin of that , from which they can reap somewhat of Advantage by its Preservation , why then should we fancy Human beings , and the best of Mankind Monarchs themselves , whom th' Almighty has made * Gods too , to be guilty of so much Madness and Inhumanity ? Where do we find the worst of Fools , designedly to destroy their Patrimony , though many times through Ignorance , they may waste them ? and that tho there were no Laws to terrifie them from turning Bankrupts , or punishing them for Beggers , when they have embezell'd their Substance : Away then , Malicious Miscreants ! with such sordid Insinuation , such silly Suggestions against your own Soveraigns , which your selves no more believe them likely to be guilty of , than that they would set Fire to all their Palaces , and Sacrifice themselves and Successors in the Flames . But to Return to our Argument , they 'll tell us perhaps , What signify the Sanctions of the Imperial Laws , and the Constitutions of an Absolute Empire to a Common-wealth , or a Council of three States that are Co-ordinate , or at most but a Monarchy Limded and mixt , and where whatever power the Supream Magistrate has , must have been first Confer'd upon him by the People ; where the Parliaments have a great part of the Legislative , and their Soveraign in some sense but a Precarious Prerogative ? what signifies the Authority of a Britton , or a Bracton , whose very works by this time are superannuated , who wrote perhaps when we had no Parliaments at all ; at least ‖ none such as now Constituted ? I won't insist upon in answer to all this to show the Excellency of the Civil Institutions that obtain o're all Nations that are but Civiliz'd : I wont prove to them because already done , That we don't Consist of three States Co-ordinate in the Legislative ; or that our Monarchy is Absolute , and not mixt , as I shortly may : But yet I 'll observe to them here , † That the Romans themselves , tho by what they call'd their Royal Law they look't upon the power of the Prince to be conferr'd upon them by the people ; yet after it was once so transferr'd they apprehended all their right of Judging and Punishing was past too . And for their vilifying these Antient Authors , and Sages of Law , who , did they Favour these Demagoges , would be with them of great Authority , and as mightyly searcht into , and sifted : Should I grant them they were utterly obsolete , and fit only for Hat-cases , and Close-stools , that they both writ before the Commons came in play , for their further satisfaction I 'll cite the same from latter Laws , not two hundred years old , and that our selves will say was since their Burgesses began . And therefore to please , ( if possible ) these Implacable Republicans , I 'll demonstrate what I 've undertaken to defend ; from the several Modern Declarations of our Law : For in * Edward the Third's it was resolv'd that the King could not be Judged : And why ? because he has no Peer in his Land ; and 't is provided by the very first Sanctions of our Establisht Laws , by the great ‖ Charter it self , their Act of Liberty , they so much Labour in : that not the meanest Subject can be Try'd or Judg'd unless it be by his Peers & Equals ; much less so mighty a 〈◊〉 that has none : and a Fortiori then with lesser Reason by those that are his own Subjects , so far from being his Peers , or Equals , that they are together his Inferiors , which has made me think many times , these preposterous Asserters of so much Nonsense , these Seditious Defenders of those Liberties they never understood , did apprehend by the word Pares in the Law , not the common Acceptation of it in the Latin ; but only the abused Application of it , of our own English , only to our House of Lords : And conclude the King might be Judg'd by those we commonly call PEERS , because they sit in that Honorable House , and at the same to be Judg'd according to Magna Charta , that all Judgements be per pares : But does not each Dunce and every Dolt understand that the very Letter of the Law looks after this only , that every Person be tryed at the least by those that are of his own Condition ; and that in the Legal Acceptation of the Word , every Commoner of the Lower House , nay every one of their Electors , is as much a Peer , as the greatest Person of the House of Lords : In short , they must put some such silly Seditious Exposition upon the plainest Letter , when they pretend to Judge their King , or else from the very Law of their own Liberty they labor in , allow that their King has no Judges . In that Act against Appeals that was enacted in the time of Henry the 8th . the very Parliament upon whom the People , and even these Republicans so much depend , tells us even in the very Letter of that Law , That it is Manifest from Authentick History and Chronicle , That the Realm of England is an Empire , That its Crown is an Imperial one , That therefore their King is furnish'd by the goodness of Almighty God , with an intire Power and Prerogative , to render and yield Justice to all manner of Folk , in all Causes , and Contentions : This by solemn Act is declared of their King , this Excludes the People from Judging of themselves , much more their Soveraigns : This the Resolution of a popular Parliament they would make even the Supream ; and this by them resolved , even in Opposition to that Popery , these Panick Fools so much , and so vainly fear . Do not the Books , the best Declarations of the Law , let us understand , that which they against the Resolutions of all the Law it self , would so foolishly maintain , that it was resolved in Edward the 4th's time , That the King cannot be said to do any wrong , and then surely can't be Judg'd , by his very People for doing it , when impossible to be done ? and was not this the Sense of † all the Judges and Serjeants of the time , to whose Opinion it was submitted ? was it not upon the same Reason , a Resolution of the Law in Edward the 4th's time , that because the Soveraign could not be said to injure any Subject ; therefore the Law never looks upon him as a disseisor , a disposesser of any Man 's Right ? and all the remedy it will allow you , is only Plaint and Petition . Does not my Lord Coke himself , that in several places is none of the greatest Assertor of the Right of the Soveraign , fairly tell us , * least it should be vainly fear'd they should reflect upon the King 's own Misgovernment , all the fault should rest upon the Officers and Ministers of his Justice . Does it not appear from the ‖ Statutes of Edward the third , that notwithstanding the strict Provision of the Charter , for the Tryal by Peers , that the King was still look'd upon as a Judge with his Council and Officers to receive Plaints , and decide Suggestions ; and tho , that , and the subsequent of the next year provide against false ones ; yet it confirms still the power of the King , to hear and determine them whether false or true ? Have they not heretofore answered , touching Freehold , even before their King and Council ; and a Parliament only Petition'd their Soveraign with all Submission , that the Subject might not be summon'd for the future , by a Chancery Writ , or Privy Seal to such an Appearance ; but this they 'll say , was the result of the Soveraigns Usurpations upon the Laws of the Land , of a King Richard the 2d . That did deserve to be deposed , as well as the Articles of his Depositions to be read : † a King that forfeited the executive Power of his Militia , for prefering worthless People , and was himself of little worth ; or as the most Licentious , and Lewdest Libel of a longer date has it : † a King that found Fuel for his Lust in all Lewd and uncivil Courses : Now tho we have the Authority of the best of our Historians , for the good Qualities of this Excellent , tho but an unhappy Prince ; and who could never have fell so unfortunately , had his Subjects served him more faithfully ; tho Mr. Hollinshed tells us , never any Prince was more unthankfully used , never Commons in greater wealth , never Nobles more cherish'd , or the Church less wrong'd ; and as Mr. How has it , in Beauty , Bounty , and Liberality , he surpassed all his Predecessors ; and Baker , the best among our Moderns says , there were aparent in him a great many good Inclinations that he was only abused in his Youth : but if he had been Guilty afterward in his riper Age of some proceedings these Republicans had reason to reproach , I am sure he was Innocent of those foolish Innuendo's those false and frivolous Accusations , for which they rejected him , viz. for unworthiness , and insufficiency , when he never appear'd in all his Reign more worthy of the Government , than at the very time they deposed him , for being unworthy to Govern. But whatever were the vices of that Prince , with which our virulent Antimonarchists , would blast and blemish his Memory ; yet we see from the President that is cited , the Sense of his Subjects did not then savor so much of Sedition , as insolently to demand it , for their Privilege and Birth-right , which without doubt , they might have pretended to call so , as much as any of those , the Commons have since several times so clamored for with Tumult and Insurrection ; and was indeed more to be condemn'd , than any of those Miscarriages , the Seditious and Trayterous Assembly , that deposed the same Prince , did ever Object ; for if their Free-hold can't be call'd their Birth-Right , then there 's hardly any thing of Right , to which they can be born : And yet we see , that the King and his Council , had heretofore Cognizance even of that , as it appears from the Commons Petitioning him against it , and his Answer , which was , That tho he would remand them to the Tryal of their Right by the Law , and not require them there to answer peremptorily ; yet he did reserve the power , at the suit of the Party to Judge it , where by Reason of Maintenance , or the like , the Common Law , could not have its Course ; then we may conclude , that the judicial power was absolutely in the King ; and this was also at a time , when this Richard the 2d . was but a Minor , no more than thirteen years old , and so this his Answer , without doubt by the Advice of the wisest of his Council , and the most learned of the Land. And for this reason ; ( notwithstanding it is provided by that Chapter of the Great * Charter , none shall be Diseised of his Fre hold but by Lawful Judgment of his Peers ; tho the Right was tryed before that sort of Statute , by common Law as my Lord ‖ Coke observ's upon it ; by the verdict of 12 Peers , or equal men , ) yet still I look upon the King to remain sole Judge in every Case whether Civil or Criminal ; for these Peers are never allow'd to try any more than bare matter of Fact , and the Soveraign always presides in his Justices to decide matter of Equity and Law : And those † very Laws to which he gives Life too ; and whose Ambiguities he resolves , themselves also sufficiently terrifie the Jurors from pretending to give their own Resolutions , by making them liable to the severe Judgment of an Attaint , if their Verdict be found false , ( i.e. ) to have their Goods , Chattels , Lands , and Tenements forfeited , their Wives and Children turn'd from their home , and their Houses Levell'd ; and their Trees pluckt up by the Roots ; and their Pastures turn'd up with the Plough , and their Bodies Imprison'd : A sort of severity sufficient one would think to frighten the Subject from assuming to himself to decide the judicial part of the Laws ; and for this Reason , in all dubious Cases , for fear of their bringing in a verdict False ; they only find the Fact specially , and leave the determination of it to the King in the Judges that represent him . And as this was resolved for Legal , even from the Common Usage and Custom of the Land ; confirm'd as you see by several Acts of Parliament ; so was it maintain'd also by those very Villains that had subverted the Government it self , and violated all the Fundamental Laws of all the Land ; for when Lilburn , a Levelling , and discontented Officer , a Lieutenant of Oliver's Army , was put upon his * Tryal for Treason , only for Scribling against the Usurpation for which he had fought ; and as he boasted to the Bench , to the very butt end of his Musket ; against his Majesty at the Battel of Brainford ; and the mutinous wretch only Troubled and Disgusted because he had not a greater share in that Usurp'd Power ; for which he had hazarded his Life , and Fortune , when he came to be pinch'd too , with that Commission of High Court of Justice , himself had help'd up for the Murdering of his Soveraign , and his best of Subjects ; no Plea would serve him , but this popular one , which the Lieutenant laboured in most mightily ; that his Jury were by the Law , the Judges of that Law , as well as Fact ; and those that sate on the Bench , only Pronouncers of the Sentence , ( and truly considering they were as much Traytors by Law , as the Prisoner at the Bar ; he was so far in the Right , that his Jury were as much Judges as those Commissioners that sate at the Bench : ) yet even that Court only of Commission'd Traytors , and Authoriz'd Rebels , thought good to over-rule him in that point , and Iermin one of the Justices , just as Senseless in his Expression of it , as Unjust and Seditious in the Usurpation of such a Seat in Judicature , when no King to Commission him ; In an uncouth , and clumsie Phrase , calls his Opinion of the Juries , being Judges of Law , A Damnable Blasphemous Heresie , never heard in the Nation before ; and says , 'T is enough to destroy all the Law of the Land ; and that the Judges have interpreted it , ever since there was Laws in England ; and Keeble , another of the Common-wealth-Commissioners , told him , 'T was as gross an error , as possible any Man could be guilty off ; and so all the Judges even of a power absolutely Usurp'd , and wherein they profest so much the Peoples Privilege , over-rul'd the Prisoner in his popular Plea. 'T is true , Littleton , as Lilburn observ'd to them , in one of his Sections , says , That an inquest as they may give their Verdict at large , and special , so if they 'll take upon them the knowledge of the Law , they may also give it general : But the Comment of Coke , their own Oracle , upon the place , confirms the Suggestion I have made of Resolving it into the King's Judges : For he says , 't is dangerous to pretend to it , because if they mistake it , they run in danger of this Attaint ; and tho the fam'd Attorney General of those times , with his little Law , was so senseless as to allow it to Lilburn in the beginning of his Tryal ; tho at another at Reading , in that time of Rebellion , they made the Jury to be covered in the Court upon that account ; yet you see those even then the Justices of the Land , tho but mere Ministers of a most unjust Usurpation , would not let it pass for Law : And the Refutation of this false Position , is so far pertinent to our present purpose , as it relates to prove the Peoples being so far from being qualified to be their Kings Judges , that they can not absolutely Judge of the mere Right of a meum and tuum among themselves . Several other Instances , both the Books & Rolls abound with , that Evidence our Kings the only Judges of the Law in all Causes and over all Persons , for in the 13th . year of the same † Richard the Second , the Commons Petition'd again the King , that his Council might not make any Ordinance against the Common Law ; and the King Graciously granted them ; but with a salvo to the Regalities of the Crown and the right of his Ancestors . The Court of Star Chamber , which the worst of times Abolish'd , and my Lord Coke makes almost the † best of Courts , had heretofore Cognizance of property , and determin'd a Controversie , touching Lands contain'd in the Covenants of a Joynture , as appears in the Case of the Audleys , Rot. Claus. 41. Edward the 3d. There the King heard too a Cause against one Sir Hugh Hastings , for with-holding part of the Living of the poor of St. Leonard in York , as is Evident from the Roll. 8. Edward 4. p. 3. And tho the Proceedings of this Court , were so much decryed by those that clamor'd so long for its Suppression , till they left no Court of Justice in the Land , unless it were that of Blood and Rebellion , their High one ; tho the King in his giving year was so gracious , that he made the very Standard , and rule of his Concessions , to be the very request of his People , and gratified them in an Abolition of this Court , establish'd by the Common-law ‖ and confirm'd afterward , per † Act of Parliament ; yet ‖ Cambden , our Historian , as well as our Coke , our Lawyer , could commend it for the most Honorable , as well as the most Ancient of all our Judicatories ; and if they 'll have the Reason , Why it treated of Matters so high , as the Resolution even of Common-Law , and the Statute , it may be told them in the weighty Words of their own Oracle ; Because the King in Judgement of Law , as in the rest , also was always in that Court , and that therefore it did not meddle with Matters of ordinary Moment , least the dignity of it should be debased , and made contemptible ; and tho by the gracious consent , or rather an extorted Act of Grace , the late King was forc'd to forego it ; yet the Proceedings of some Cases there , may serve to show what a power our Kings had , and ought to have in all manner of distributive Justice . Several other Citations I could here set down , to prove the Subjection of the very Common-Law , to the Soveraign Power ; as Henry the Sixth superseding a Criminal Process , and staying an Arraignment for Felony : Henry the Seventh's that debar'd the Beckets by decree , from pursuing their suit for Lands , because the merits of the Cause had been heard by the King his Predecessor , and also by himself before ; but these will abundantly suffice to satisfy any sober Person that does not set himself against all assertors of his Soveraigns Supremacy . And then if Custom , and Common Usage , which Plowden in his Commentaries , is pleased to call the Common-Law ; lies in many Cases Subject to the Resolution of the Supream Soveraign ; no doubt but the Statute , the result of his own ‖ Sanction , must of necessity submit , and acknowledge a subjection to the same Power , and that I think we have sufficiently prov'd already upon several occasions , both from the Letter of the Laws themselves , and our little light of Reason ; both from Arguments , and † Laws that have evidenc'd their own Resolutions to be reserv'd to the King ; and that we had Kings long before fore the Commons Commenc'd , Conven'd ' or Concur'd in their assent to such Laws . 'T is prodigiously strange to me , that these mighty Maintainers of the Peoples Legislative , and their Judicial Power , eeven over their own Soveraigns , cannot be guided by those very Laws they would have to govern their Kings , thus you shall see a Needham , a Nevil , or a Sidney amongst our selves , in all their Laborious Libels , that the drudges of Sedition ( who seem to verify the Sacred Text , in drawing Sin it self with a Cart-Rope , ) in all that they tugg , toil and labour in ; you 〈◊〉 see that they cite you so much as a single Statute on their side ; or if they do , only such an one as is either Impertinently apply'd , or as Industriously perverted : And in the same sort does the Seditious Scot , Buchanan , and the rest of the Books of their discontented Demagogues ) ; that ‖ Northern Mischief , that threaten'd us always with a Proverbial Omen , till averted of late by the Loyalty of their latter Parliaments , that have aton'd even for the last age and the persidiousness , and Faction of the former ) those all in their Libels , hardly Name you so much as one single Law of their Nation , to countenance the Popular Paradox , the pleasing Principle of the Peoples Supremacy ; which the poor Souls , when prescrib'd by those Mountebanks of the State , must take too like a Common Pill ; only because 't is gilded with the pleasant Insinuations of Natural Freedom , Free-State , Subjection of the Soveraign , Power of the People , and all the dangerous Delusions that lead them directly to the designs of these devilish Republicans ( i.e. ) a damnable Rebelion ; whereas would they but submit their Senses to the Sanctions of the Laws of their several Lands , their Libels they would find to be best baffl'd by the Statute Books , as well as their Authors to be punisht by them , for their Publication . 'T is strange , that should not obtain in this Controversy , which prevails in all polemical disputes , that is , some certain Maxims and Aphorisms , Postulates and Theorems not to be disputed ; these determin our Reason even in Philosophy and the Mathematicks ; and why should not the Laws then in Politicks too , and where they are positive ? sure 't is Impudence , as well as Capital perhaps to oppose . And yet we see these Gentlemen , of so little Law , to Labour so much in a dispute that is only to be decided by it ; what Authority is the singular assertion of a Republican , or a * Plato Redivivus , that the House of Commons is the only part of the old Constitution of Parliament that is left us ; or the single sense of ‖ Mr. Sidney , that the Senate of England is above its Soveraign ; against the form of the very first Act of State that remains upon Record , the very † Charter these Democraticks adore ; against the form of the following one of the Forest , and Consult but the Style of the Statute Book , and all the Antient Acts , down to Richard the Second , and you 'll find not so much as one , but what expressly points out in its Enacting part , the sole power of the Soveraign by which it was Enacted ; all in these repeated Expressions of Absolute Majesty . We the Kings of England of our free will have given and granted ; it is our Royal Will and Pleasure , the King Commands , the Kings Wills ; our Lord the King has establisht , the Lord the King hath ordain'd . And most of them made in the manner of Edicts , or Proclamations , as in the Margin will appear , and tho 't is thought now such a piece of Illegality to be concluded by an Order of Council ; and even his Majesties late command for the Continuance of the Tunnage , and the Resolution of the Judges about that part of the Excise which expir'd ; has by some of our murmurers been repin'd at , tho by all Loyal ones it was as chearfully assented to ; and as punctually paid ; yet they shall see that the People heretofore paid , such a deference even to an Edict of the Prince that they nearly rely'd as much upon it as the Romans did upon their Imperial Institutions ; who as I before shew'd , lookt upon it as a crime like to Sacrilege but to disobey . And this will appear from an † Act of Parliament in Henry the Eighth's time ; which provided ; that the Princes Proclamations should not be contemned by such obstinate Persons , and oppos'd by the willfullness of froward Subjects that don't consider what a King by his Royal Power may do ; and all that disobey'd were to be punisht according to the Penalty exprest in the Proclamation ; and if any should depart the Realm , to decline answering for his Contumacy and Contempt , he was to be adjudg'd a Traytor ; and tho the Statute limited it to such as did not extend to the Prejudice of Inheritance , Liberties or Life ; yet the King was left , the Judge , Whether they were Prejudicial or not ; and these Kings Edicts by this very Act were by particular Clause made as binding , as if they had been all Acts of Parliaments ; and that it may not be said to be an Inconsiderate and Vnadvised deed of the Parliament , to give the King such a Power ; ( tho 't is hard to say so of a Senate , whom the * writ that convokes them says , they are call'd to deliberate . ) To avoid that imputation , I must tell them it was very Solemnly a Second time Confirm'd again , within three † years after ; and by that Power given to nine of the Kings Council , to give Judgment against 〈◊〉 Offenders of the former , and 〈◊〉 this was repeal'd in the following 〈◊〉 of King ‖ Edward a Minor , and almost a Child , A time ( wherein not withstanding there is such a woe denounc'd against a People that have such a King ; ) the Subjects seldom fail of Invading something of the Prerogative ; yet still we see tho the Law be not now in 〈◊〉 , plain matter of Fact , that there was 〈◊〉 such a Law ; that our Kings 〈◊〉 were once by express words of the Statute made as valid as the very Act of State it self that made them so ; that the Judicial Power of the Prince was 〈◊〉 less limited , and that 〈◊〉 Libels lye , as well as their 〈◊〉 Tongues when they tell us , and would have us believe , That 〈◊〉 but our late King as well as the present 〈◊〉 pretended to so much of Prerogative , or had more allow'd them by the Laws . And let any one but leisurably examine , as I have particularly , the several Acts of each King's Reign ; and he 'll find that from this Richard the Second , to whose time , the Stile of the Statutes as you see was in a manner absolutely Majestick down to King Charles the Martyr , even all those are 〈◊〉 in such Words ; as will 〈◊〉 the Commons 〈◊〉 being 〈◊〉 , and so much concerned in the Legislative , as these popular 〈◊〉 have 〈◊〉 to persuade us their People are ; for even they all run either in 〈◊〉 〈◊〉 , The * King with the 〈◊〉 〈◊〉 〈◊〉 of his Lords Spiritual , and 〈◊〉 , at the special Instance , and 〈◊〉 of the Commons ; or The 〈◊〉 by and with the Assent of his Lords Spiritual , 〈◊〉 , and Commons ; and as if the past Parliaments , 〈◊〉 would have provided against the 〈◊〉 〈◊〉 of a 〈◊〉 Age , which they could hardly be thought to 〈◊〉 , since it savors so much of almost 〈◊〉 〈◊〉 and Sedition , as if 〈◊〉 Anoestors , had feared least some of their prostigate posterity , seduced with the Corruptions of a Rebellious Age , should impose upon the Prerogative of the Crown , with any such Subtil 〈◊〉 of their King 's making but one of the three States , and by Consequence conclude , as they actually did , that the two being greater than him 〈◊〉 , could be his Judges , and their own Soveraign's Superiors ; why to prevent these very Rebels and Republicans , in such Factious Inferences , did they , for two hundred years agon , in the first of Richard the Third , Resolve what was signified by the three Estates of the Realm : For say they , That is to say , the Lords Spiritual , Temporal , and Commons ; and even long fince that , much more lately , but in the Reign of Queen Elizabeth , in that Act of Recognition of her Right , where they endeavor to advance her Royalty as much as possible they can , and to make the Crown of this Realm as much Imperial , there they tell her , 'T is WEE , your Majesties most faithful , and Obedient Subjects , that represent the THREE ESTATES of your Realm of England ; and therefore in King James , and Charles the First 's time , when the Commons began to be mutinous , and encroach upon the Crown ; then they having with the help of their numerous Lawyers , which were once by particular Act , excluded the House ; and if less had Sate in it , perhaps it might have been once less Rebellious too ; ) those Gentlemen knowing too well the weight of Words ; and what Construction and Sense , Sedition and Sophistry can deduct from a single Syllable , I am confident it was they contriv'd the Matter and Mcthod so , as to foist in the Factious form of this ; Be it enacted by the King , Lords and Commons ; for that is the General Stile of the Enactive part of most of the Statutes of those Times ; and this was most agreeable with their mighty Notion , of his Majesties making but up one of the THREE ; that so they might the better conclude , from the very Letter of their own Laws , That the TWO States which the Law it self implyed now to be Co-ordinate , must be mightier , and have a Power over their King whom the same Laws confest to be but ONE ; and the Reason why the forms of their Bill . and the draught of the Lawyers , and the Lower-House , might be past into Act , without any Alteration or Amendments of this Clause , was , I believe , from a want of Apprehension that there ever could be such designing Knaves , as to put it in to that Intention , or such Factious Fools , as to have inferred from it , the Commons Co-ordinacy : For the Nobility , and Loyal Gentry , that 〈◊〉 commonly the more Honesty for having the less Law , cannot be presumed so soon to comprehend what Construction can be drawn from the Letter of it by the laborious cavil of a Litigious Lawyer , or a cunning Knave ; and therefore we find , that those Acts are the least controverted , that have the fewest Words , and that among all the multiplicity of Expressions , that at present is provided by themselves , that have commonly the drawing of our Statutes ; themselves also still discover as many Objections against it , to furnish them with an Argument for the Merits of any Cause , and the Defence of the Right of their Clyent , at the same time they are satisfied he is in the wrong : And for those Enacting forms of our Statutes , whatsoever Sense some may think these Suggestions of mine may want ; That some Seditious Persons got most of them to run in so low , so popular a Stile in the latter end of King James , and Charles the first 's time ; such as Enacted only by the Authority of the Parliament , by the Kings Majesty , Lords and Commons ; yet upon the Restauration of Charles the Second , the Words , With the consent of the Lords and Commons , were again reviv'd ; and afterward they bring it into this old agen , With the Advice and Assent of Lords Spiritual , Temporal , and Commons , according to the form of Richard the 3d. and Queen Elizabeth , that resolv'd them to be the THREE STATES , and this runs on through all the Acts of his Reign , and even in several of them the Commons humbly beseech the King , that it may be so enacted . I thought it necessary to bring home to our present , tho most profligate time , as much Acknowledgement as possible I could of my Kings Prerogative , from the Laws of our Land , and the very Statutes themselves , because that some great Advocates for the power of the People , some times pretend to plead for them too from Acts of Parliaments , tho I think in this last , lewd and Libellous Contest against the Crown , that lasted for about five year , in that Lustrum of Treason ; there was but one that was so laboriously Seditious , so eminently popular , as to endeavour to prove the Peoples Supremacy from Rolls , and Records , and Acts of State , and for that recommend me to the good Author of the Right of the Commons Asserted , tho I should rather approve of such an undertaking , when endeavored to be done from the tracing the dark and obscure tracts of Antiquity , and the Authority of a Selden , than the single Assertion of a Sidney , and the mere Maxims of some Modern Democraticks , that have no other Foundation for their Establishments , than the new Notions of their Rebellious Authors , and that ipse dixit of such Seditious Dogmatists : But I am satisfied too , that this Gentleman who has laboured so much in vindicating the Commons Antiquity , and their constituting an essential part of our Saxon Parliaments , did design in it much more an Opposition of our Antient Monarchy , and the Prerogative of the Crown , than a mere clearing the dark foot-steps of our Old Chronicle , and a real defence of Matter of Fact , and the Truth : And this is too clearly to be prov'd from the pestilent Pen-man's , P-tyts own Papers , that were publish'd at such a time , when there was no great need of such an Asserting the Commons Right , when themselves were more likely to have Usurp'd upon the Crown , and ( as Mr. Sidney and his Associates would have it , ) made themselves and the People Judges of their own wrong : For to see such a task undertaken at a time , when we are since satisfied such dangerous designs were a-foot , looks only like a particular part of that general Plot and Conspiracy that has been since discovered , and that all sorts of Pens were imployed , as well as all Heads , Hearts , and Hands at work , for the carrying on Mr. Sidney's OLD CAVSE , ( as indeed all this Gentlemans Works tended to , ) for which the Almighty was supposed so often to have declared and signaliz'd himself : and illustrates only this , That there was not any Person qualified for undermining of our Monarchy , either from his Wit or Parts , Boldness or Courage , from his Virulency in Satyr , or his Knowledge in History , from his skill in any Science , or Profession , but what some or other of the most eminent was made Serviceable to this Faction , and contributed his Talent to the carrying on the Design , according to the gift and graces that they had in their several Abilities to promote it ; neither can this Gentleman think himself libell'd in this Accusation , unless he would give his own works the Lye ; for who but him that had such a Design for the subverting our Monarchy , would , at a season when the Succession of our Crown was struck at in the Commons Vote ; a Succession that several Laws of our Land have declared to be Hereditary even by that of God ? who but one so Seditious , would not only have encouraged such unwarrantable Proceedings ( which was the late Kings own Words for 't ) in such an Assertion of the Commons Right ? but in that too brought upon the Stage several Arguments from our History , several Presidents of our Soveraign's being here Elected by their Subjects , when they might as well too tell us , That our present Soveraign was so chosen , because the Question was put to the People upon his Coronation ; but yet this elective Kingdom of ours , did this Laborious drudg of Sedition drive at too . Does he not tell us William Rufus , and several others were Elected , that is , Henry the First , King Stephen , King John ; tho I am satisfied , that consent of the Clergy and People , they so much rely upon , was nothing more than the Convention of those Persons that appeared upon the solemn Coronation , or at least , the Proclaiming of the King. Themselves are satisfied all our old Statutes clearly confirm'd the sole Legislative Power of the Prince , and therefore they won't , when they are objected to them , allow them to be Statutes at all , because made I suppose only by their King ; but so my Lord Coke says , they said of the Statute of Edward the First , which notwithstanding he calls an Act of Parliament ; but yet however we see that the Style of all other Acts of Parliament , put all the enacting part in the power of the King , so that Mr. Sidney's making his People and Parliament the Supream Judges of their Kings violating the Laws , is only a Position that opposes every Act in the Statute Book , from the Great CHARTER , to the last grant of our late King CHARLES . But our Author Triumph'd , as he thought , over his Adversaries in forcing back their own Argument upon his Foes ; for says Mr. Sidney , if no man must be Judge because he is party , then neither the King , and then no man can be try'd for an Offence against him , or the Law ; I confess with such a sort of disputants as are resolv'd to beg the Question ; and take their Premisses for principles of eternal truth , you cannot avoid the Conclusion , tho it be the greatest Paradox , and an absolute Lye ; for he presumes the Parity of Reason , and then concludes they are both alike Reasonable ; he takes it for granted , the People may judge the King tho party , as well as the King the People , who must be suppos'd as much partial ; and that is truly just as if he had said , when we believe as they do , and what then ? Why then we shall be of their mind , ( i.e. ) that it would follow the King or his Judges , could not hang a Fellow for Fellony , or this Author himself for a Traytor to the State : Nay more , as the Gentleman has manag'd the matter , it is made an Argument à Fortiori ; for he supposes the Absurdity to be such ; that if the King in his own Case must Judge the People , and not the People the King in theirs , that this Contradictory Consequence would be as much conclusive ; That the Servant entertain'd by the Master must Judge him ; but the Master by no means must the Servant ; or in the Metaphor of his own more Blasphemous Sedition , The Creature is no way bound to its Creator , but the Creator it self to the thing it has Created : and now all is out , and all the large Volume , all his mighty Treatise , not to be finisht in many years , is founded upon that first Principle of all Republicans ; The Peoples Supremacy , or as Mr. * Sidney says , the Soveraign being but a Servant to his Subjects ; a Creature to these God Almightys of the People the Creators of their King ; truly this they are resolv'd we shall grant ; or as resolutely suppose we cannot Contradict , and so put upon us their presumptive absurdities for our own ; and make them the Consequence of those Concessions that were never yeilded ; who taught this Gentleman , who granted him that the Magistrate was the Peoples Creature , but a Brutus in his Vindiciae , or that as a bominable a Book De ‖ jure Magistratuum ? and for this must it follow that Filmer is so absurd , only because he does not suppose the very pernicious principles of those very Rebels and Republicans he endeavours to refute ? It is an easy sort of a Conquest , and you may soon prove your Foes to be Fools too ; if you 'll oblige them to maintain their own positions , from the Contradictory Maxims of their Enemies they oppose ; and this Collonel that once was a Souldier , and in Arms for his Common-wealth ; as well as a Polemical pen man against the Monarchy , would soon have remain'd sole Master of the Field ; had the Measures of his Foe been forc't to be taken from the Rules and Maxims of the Enemy which he fought ; and many would think the Man a little mad , that could imagine two Armies that faced in their Fronts , to meet so as to stand upon the same ground . It can't be well effected without a penetration of body , neither can Mr. Sidney conclude us in that absurdity , unless he would make us mingle Principles ; a thing perhaps as repugnant to our Nature , as that praeternatural Coition of Matter ; for have we not all the Laws of our Land on our side ? and that besides Sense and Reason , to whose determin'd sanctions even those themselves must submit ; for I look upon our Argumentative reasoning in such matters to be somewhat like Belief ; which all our Learned in the Metaphysicks will allow to determine it self upon demonstration , and Commences knowledg'd ; and a science ; and so must our Positions at last in the Politicks , no longer pass for indifferent Notions or disputable Opinions , when they come once to be ratified by some supream Establishment , or unquestionable Authority ; for as the result of demonstration is some Theorem or Postulate , that requires our assent , so are the Sanctions of the Supream power some Statutes , or Laws that Command our Obedience ; as the one is prov'd , so the other Enacted , and let any one Judge from the several we have cited , or any single Act themselves can cite , whether all and every one do not expressly assert , or absolutely imply , the Soveraign so far from being the Servant of the Subject , or the Peoples Creature , that they many times maintain him to be ‖ under none but God ; and in all places acknowledge him above all the People ; and is not the absurdity on their side , and a Contradiction even in Terms , when they contend for the contrary ? And as that Author , of the Right of the Magistrate , and the like writings of the most Eminent Republicans led on and seduc'd Mr. S. in some Points ; so has also so his predecessor , or Co-eval ( for I think they liv'd in an Age ) W. Pryn , imposed upon him in others ; and I am sorry to see Mr. S. that valu'd himself upon his parts to rely upon that which that pest of the press plac'd so much confidence in , and that are the words of * Bracton , where he says , as Mr. S. would have it , God the Law and the Parliament are the Kings three Superiors : But even Pryn himself , the perverter of all that was not for his purpose , does not deal so disingeniously as this Gentleman in the Case ; for he recites it more Exactly as it is in Bracton , which is , the Kings Court instead of the Parliament , which in the time that Antient Author writ , very probably consisted only of his prelates and Lords ; so that if granted them , Pryn's Commons , and Mr. S. his People of England , are not comprehended in the words of that old writer , and then besides it is the opinion of some , that those words the Laws , and the Kings Courts ; were not originally in the writings of that Loyal Lawyer , who in several other places of his works , carries up the Divine Right of his King , and that absolute Power of his Prince , as high as any of the most Modern whom ‖ Mr. Hunt has represented and libell'd , as first introducers of this new Notion , this dangerous , and damnable Doctrine ; for that grave Judge for above 4 or 5 hundred years agon ; told us our † King was under none but God ; that he had none above him but God , and that he had God alone for his Avenger ; and it seems somewhat Improbable a person of his Loyalty and Judgment should not only detract from the Supremacy of his Soveraign , which he seems so much to maintain , but also in direct opposition to what himself had asserted , and besides were they the sense as well as the words of that Author , they are only true ( as I have before shown ) when they are taken collectively & in a complicated Sentence , and so seems a sort of Sophistry which the Logical heads call a fallacy in Composition : But yet from that does Mr. S. conclude , That the power is Originally in the People , and so by Consequence in the Parliament , only as they are their Representatives . For my part , I cannot Imagine this Gentleman's large Treatise to be any thing else but a Voluminous Collection , of all the Rebellious Arguments that were publisht in our late War ; for as in this little fiftieth part of it , ( as he professes it to be ) there is not one new Notion but what is to a Syllable the same with the Papers of Pryn , and the Merc. Politicus : out of the Author of the Treatise of Monarchy , has he made a shift to borrow , or else by chance very harmoniously to agree 〈◊〉 the pernicious Position , That our Monarchy is not only Limited and Mixt ; ( for that wont content them alone ) but that this Limitation has oblig'd the Soveraign to be Subject to the Judgment and Determination of Parliament , for says that more Antient Antimonarchist , this Limitation being from some body else , and the power confer'd by the publick Society , in the Original Constitution of the Government , ( and then he bethinks himself that Kings too may Limit themselves afterward by their own Grants and Concessions ; which he is pleased to call a Secondary Original Constitution ( i. e. ) ( if my little Sense will let me Comprehend the saying of a Politician that has none at all ) somewhat like a Figure in Speech ; the Country-man calls his Bull ; us'd when the Speaker can't express himself Intelligibly : A Secondary Original , sounds not much unlike the Nonsense of an Original Copy ; or a second first , ) yet from this senseless Sophistry it must be concluded ; that the Soveraign being limited by this Original Constitution ; or as they call it ; After Condiscent , and Secondary Original ; what then ? therefore every Mans Conscience must acquit or Condemn the Acts of his Governour , and every man has a Power of Judging the Illegal deeds of his Monarch . And so Mr. S. in almost the same Language ; As a man he is Subject to the People that made him a King ; That he receiv'd the Crown upon condition , and That performance is to be exacted , and the Parliament Judges of the Particular Cases arising thereupon . I cannot but observe to this Gentleman upon this , ( who was always such a great admirer of the ‖ Romans Common-wealth ) what I hinted before was the Sense of the very Romans , when according to their own Notion of Original Monarchy ; the People of that Common-wealth , first conferr'd their Power of Government upon a single Soveraign ; why , their very Laws tell us , That notwithstanding those Contracts and Limitations , ( of which there were very likely some exprest even in that their very Celebrated , and Glorious * Law , that first made that Government Imperial , ) yet when once it 〈◊〉 so Conferr'd , by that very Act , all Magistracy ; ( i.e. ) all power of Judging that the Subject had before was past over too : And were our own Monarch by the Compact , and condiscent of his first Ancestors , such a precarious Prince as they would make him ; have not our own Statutes I have cited , long since resolv'd his Crown to be Independant , and himself accountable to none but God ? And then abstracting from that Advantage we have of the Resolution of the Law ; Reason it self , against which our Republicans rebell too , that also will refute the absurdity of such a Position ; For first , where for God's sake would they fix this their preposterous power of Judicial Process ? if in some single Persons , then the Concession of their own renowned Aphorism will fly in their Face ; for that allows the Soveraign to be much superior to any Selected number of his Subjects ; and they won't be such Senseless Sots sure , as to say , That those whom themselves acknowledge to be altogether inferior , should be invested with that Judicial Power , which is the highest token , and 〈◊〉 of Supremacy , if they 'll place it as Mr. Sidney forsooth does in the Original power of the People , delegated unto Parliament , then should that be granted them , when ever this Parliament is dissolv'd , if their King be never so great a Delinquent , ( for I think they may assoon make their King so , as they did foolishly those that followed him in the late Wars , when the word implies a Deserting , and the Law only calls them so that adhere to the King's Enemies , ) then I say , if their Soveraign be never so much a Criminal to the State , upon such a Dissolution , they devest themselves by their own Maxims of this power of Judicature , and so put it in the power of the Monarch , or the Prince at any time to blast all his Judges in a moment , and dissipate them all with the Breath of his Mouth ; and therefore Mr. Sidney was so wittily Seditious , as to foresee such a Consequence , and for that Reason very resolutely does deny what some of our more moderate Republicans will allow , That the King has a power of Assembling , and Dissolving a Parliament : But this piece of pernicious Paradox , a Position so false , that some of them themselves are asham'd to own , has been already refuted , and prov'd from the very Laws of the Land , to be an absolute Lye , but our Author having plac'd himself , and his People above the Law , tho ( it was his hard fate to fall under it ; and made the Subject Superior to those Sanctions , to which themselves acknowledge none to be so , but the Soveraign from whom they proceed , all the Satisfaction such a Person can receive from the Statutes , must be from something of Reason , that is , the result of them ; and 't is such an one as relates to their own Positions : For they say , therefore the Soveraign is obliged to submit to the Laws of the Land , because he accepted the Crown upon such an Obligation ; and shall it not , Seditious Souls ! be as good a Conclusion , To say the People have passed away the power of Assembling themselves , when they have passed their own Act for being by their King Assembled ? Then in the next place , if this Original power of this People be delegated to this Parliament , it would have been much to the purpose for some of them , to have shown us from whence this People had this Original Power : Certainly , if any , it must be deriv'd from God , Nature , or somewhat that 's Soveraign : But for the Almighty ; In all the sacred Texts , there 's not a syllable of such a Legacy left them , but abundance of the bequest of it that is made to Kings : For Nature , there is nothing from it more evident , than a whole series of Subordination , and that to single Soveraignty , ( setting aside even the paternal among Human Creatures , ) almost to be made out among Insects and Animals , Bees and Beasts . And if some King indulged this their People to appropriate to themselves all the Supream Power , ( which we never heard of any of ours that did ; or to participate part of their Prerogative , which we know many Indulgent ones of ours to their Parliaments have done , ) then still this their power can't be Original , because 't is derivative ; and I dare swear no Prince ever granted them a power of being Superiors , as they must be if they would Judge him , or ever accepted a Crown upon that Condition , supposing it were as they would have it , conferr'd : For the very Act of being such a Conditional King , would absolutely make him none at all ; and therefore those whom the Lacedaemonians compounded withal to be regulated by their Ephori , were in effect not so much as the Dictators of Rome , and so not to be reckon'd to Reign as Crown'd Heads , or mentioned among those that we call our Monarchs . In the third place , if by this Original power of the People , delegated to the Parliament , the two Houses are constituted the Judges of their King , I cannot see how Mr. Sidney could avoid , or any of his Associates can , this Grand Absurdity , and as great a Lye ; that the Parliament have a Natural Liberty , not only to Judge , but to lop off the Sacred Head of their Liege-Lord , and Soveraign : For 't is certain they can have no more Authority than the People they represent ; and 't is as certain they must have as much : Now this Original Power must be a Natural one , because not deriv'd from any grant ; and then this Parliament of theirs must have an Original Power by Nature , tho it be but to commit the most unnatural Barbarities : I confess we had such an one , that upon the same Principles proceeded to the perpetrating that most Execrable Treason , and the very Villany , that any time may be the Consequence of such Positions : A Parliament which this good Author presided in , or very well understood ; the Scandal of our own Nation , and the shame , and reproach of our Neighbors : now I say , If this his Original power of the People be delegated to this Parliament , as Mr. Sidney says it is , then this Parliament hath a Natural and Original Power of being their King's Judges , because their People has it whom they represent ; I confess this is a Bar beyond the Seditious Doctrine of their Author in his Right of Magistrates : For he is mighty sollicitous , least he should be misapprehended as if he design'd the common People should judge their Soveraign ; therefore tells us very carefully none but the subordinate Magistrates themselves can Judge the Supream ; and their Brutus , that succeeded that Assertor of Rebellion , says , such only as the Spartan Ephori , and the seventy of the Israelites , the Centurions , or Equestres among the Romans ; and if the People had any Right to this Judicial power , those Miscreants more modestly place it among the most eminent , whereas our brisker Assertor of this Anarchy makes it out , That therefore our more eminent Memberships have this Original Power , only because Communicated them from the meanest People ; so that now we have a Parliament , that has an Original , Natural , Liberty of the People , tho their very Constitution it self , commenc'd from the very Grant , Grace , and Favor of the King. I could never meet with any Record yet ; that rehearsed these Privileges of Parliament ; But we have many extant , and Presidents even of the House of Commons themselves , that their Privileges , and much of their Power proceeds from the Liberalities of their Prince , more than this Natural Liberty of the People ; not to mention , that their very being was first the result of such an Act of his Grace ; for from whom , pray , had they that freedom of Speech , they upon every Session desire by their Speaker , but from that King before whom they are to Speak ? who is it that fills their Chair , those that present him ; or the King , that accepts or disapproves whom they have presented ? who is it that gives them access to his Person ; the Commons that desire it , or he from whom 't is desir'd ? 2. Lastly , who impowers them to consent to a Bill ; those that supplicate his Majesty would be pleased to enact , or his Majesty that says , Be it enacted ? could this Natural Original power of the People be communicated to their Representatives , the dispute about the Commons Right would be carried for ever on their side ; and we need not date their Original from Henry the Third , or the Barons Wars , or from the Saxon Heptarchy it self ; to be sure they then had their Representatives ; assoon as they had this Power , and this Power it seems was assoon as they were a People : And by this Original Power , which they delegate , for ought I see they may by the same rule , as well retain it , suffer no Representatives at all , but assemble themselves , and exercise the Soveraignty . If the People delegate an Original power , and a Natural Liberty to this Parliament ; it cannot certainly be comprehended how these Parliaments as now constituted , could commence by the Grants and Concessions of the Prince ; and yet all will allow , tho they disagree in the time , that they did begin at first to be so Assembled by the Bounteous Permission of the King , and that all the Privileges they claim , were the result of an entire Favour of the Soveraign , and not the Original freedom of the Subject ; if they 'll call that an Original Power to send Representatives , it must be somewhat like that Author 's Secondary Original we so lately consider'd ; and that tho they prescribe to it for this seven hundred year , as well as they cannot for above four or five 100 , still it will recurr to this , That this first power was the Grant of the Crown . And these prescriptions as themselves allow , being whenever they begun , the result of the Soveraigns Bounteous Permission ; I cannot see why those Immunities may not be resign'd to the same Crown , from which they were once receiv'd , or those Franchises ( for prescription it self in this case is properly no more ) may not be Absolutely forfeited , by those that at best can but be said to hold them on Condition . I know the Common Law Favours a Prescription so far , as in Inheritances , to let it have the force of a Right , when their cannot be made out any other Title ; but this I look upon to be of another Nature , when the Original of what they prescribe too , by their own Concessions was the Grant of their King , and even this Common Law ; commonly in all its Customary Rules , excepts the Prerogative of the King ; nay this very Prerogative of his , by that very Law is allowed to be the Principal * part of it . I urge this because it is both apposite here , and a Case upon our late Elections much 〈◊〉 , and to say as some 〈◊〉 , That such a Prescription cannot be forfeited , proceeds from a confounding of the word in this Case , with that Prescription ; by which some of them have a Title to their Estate : for their Common Objection about this their Elective power is , That the King may as well deprive them of their Birth-right : when this their Birth right might commence by an Original Right , but the Power of this Electing must Necessarily , and Originally first come from the Crown : But yet they know too , that this their very Birth-right , is in many Cases forfeitable by their own Act to the Crown ; and for their Burgage it self , should we abstract from that Elective power that attends it , nothing else but an 〈◊〉 tenure of their very King. And if in the Saxons time ( as the popular advocates would persuade us , ) the Commons were call'd to sit in Parliament , 't is certain they could not come as Burgesses too , for all that Borhoe in their Toungue signified , ( if we can believe my Lord ‖ Coke ) and from which the word Burgh was since deriv'd : its signification was only this . Those ten Companies , or Families , that were one anothers pledge ; and so should they prove it to us as clear as the Sun , as well as they have left it much in the 〈◊〉 ; still those their Commons could never be of those that had any Right to come ; but only such as the Grace of the King should call : and even in Edward the first 's time , those very Barons , ( some say ) that were only most wise , were summon'd by the King , and their Sons , if they were not thought so prudent as their Fathers were not call'd to Parliament after their Fathers death . Therefore since Prescription , since Parliament it self depended all heretofore upon the pleasure of the Prince , I cannot see how the Subject shall ever be able to make it his Original Right , and tho some are so bold as to say , such a prescription cannot be forfeited or resign'd by the Subject , resum'd or restor'd to the Crown ; ( for they must maintain those propositions , or else they have no reason for their Murmering , since there has been none alter'd , or destroy'd ; but what has been by Inquiry of the Kings Quo Warranto , or their own Act of Resignation ) yet sure if the Common Law did not favour the King in this Case , Common Equity would , since those Priveleges were but the very Grant of his own Ancestors : But if we must consider nothing but Mr. Sidney's Original Power and Right , and all that lodg'd in his good People of England , it may be their Birth-right too to Rebel , they may and must Murder their Monarch , and that by their own Maxims , when they think him not fit to Govern , or Live. I have heard it often said , that the Members in Parliament represent the people , and for that Reason are call'd their Representatives , but if this Original Power which is delegated to them upon such a Representation ; must Subject their Soveraign , ( as Mr. S. will have it ; to these his Judges of the particular Cases arising upon such a Subjection ; ) then they must e'en represent their King too , and every Session of Parliament that he Summons ; is but an unhappy Solemnity , whom himself Assemblies for his own deposition : if such positions should obtain , 't is those that indeed would make the Monarch fearful of Parliaments , and not those idle Suggestions of Mr. ‖ Hunt ; that the Weekly Pamphlets were endeavouring to make him forego them , and it was this very opinion that promoted the last War , which he would not have so much as mention'd . Lastly , if this Original Power of the People be delegated to their Representatives ; this People that did so Communicate it , can at their pleasure * recall it , and exercise it themselves , for that is essential to the Nature of a Communicated Power ; for upon supposition of the peoples having such a Power , it would be of the same Nature that their Kings is ; ( for Power of Supremacy wherever it be lodg'd is still the same ; ) and you see that the Power which the King has is often Commission'd to the Judges in his several Courts of Justice ; and yet I cannot see , how his Majesty by Virtue of such a ‖ Commissionating of his Servants , does Exclude himself from the Administration of those Laws , that he has only allow'd others to Administer , or from a recalling of that power to himself which he has only delegated to another , for 't is a certain Maxim in reason ; that whatsoever Supream does empower others with his Authority , does still retain more than he does impart , tho I know 't is a Resolution in our * Law Books , that if any one would render himself to the Judgment of the King it would be ofnone effect ; because say they , all his power Judicial is Committed to others ; and yet even they , themselves will allow in many Cases their lies an Appeal to the King. But what ever was the Sense of my Lord 〈◊〉 in this point , who has none of the fewest Faults and failings , tho his Voluminous Tracts are the greatest ease and Ornament of the Law , his resolution here is not so agreeable to Common Equity and Reason ; therefore I say in reason it must follow , That Mr. Sid. people having but delegated their Power to the Parliament , still retain a power of concurring with , preventing , or revoking of that power they have given but in charge to their Representatives ; and if so , then they can call them to an Account for the ill exercise of that power they have intrusted them with ; set up some High Court of Justice again , ( for upon this very principle the last was erected ) not only for the Tryal of their King , but for hanging up every Representative that has abus'd them ( as they are always ready to think ) in the exercise of that Original power , with which he was by his Electors intrusted ; these sad Consequences which necessarily flow from this lewd Maxim , would make their house of Commons very thin ; and they would find but few Candidates so ready to spend their Fortunes in Borough Beer , only for the Representing of those that might hang them when they came home upon the least misrepresentation of their proceedings : and these sad suggestions of the sorrowful Case of such precarious representatives , are 〈◊〉 Consequences , from the very 〈◊〉 of our Republican , even in those very Arguments that he uses for the subjection of his King ; for if his King , 〈◊〉 man must be Subject to the Judgment 〈◊〉 his People that make him a King , 〈◊〉 he cannot be so Impudently 〈◊〉 but he must allow his Members of Parliament , that are much more made by them , by Continual Election , and 〈◊〉 very breath of their Mouth , 〈◊〉 be as 〈◊〉 accountable to their Makers ; for if 〈◊〉 should recur in this Case , as he has 〈◊〉 other refuge , to the Peoples having excluded themselves from this 〈◊〉 Power once in themselves , by conferring it on their Representatives ; 〈◊〉 farewel to the very Foundation of 〈◊〉 Babel they would Build and Establish then they fall even in the fate 〈◊〉 their aspiring Fore-fathers , fall by the confusion of their own Tongues , and like the rearers of that proud Pile ; 〈◊〉 would have reacht at Heaven and 〈◊〉 Almighty ; as these at his Anointed , and the Crown . For certainly by the same Reason that they cannot Judge and Punish 〈◊〉 whom they have Commission'd to represent them , because they have delegated and transferr'd to them their 〈◊〉 power ; by the same Argument , and that a fortiori , have they excluded themselves from their natural Power of being Judges of their King , because they have conferr'd upon him the SVPREAM . Neither can they help themselves here with their Imaginary and imply'd Conditions upon which Mr. Sidney says , our Soveraign must be supposed to have first accepted his Crown : For there never was any Representatives yet elected ; but as many Conditions and Obligations are implyed and supposed , and by the same Reason must be required and exacted ; such as the serving their Electors faithfully , the representing of their just grievances , the promoting the Interest , and profit of the place they serve for ; and if Mr. Sidneys good People must be Judges of the Violation of any of these Trusts , ( as they must by the Maxims of their own making ) then the Representatives , and the poor Parliament fare as bad , and fall in the common fate of their King , into the fearful Sentence of Mr. Sidney's own Words , That Performance will be exacted , and revenge taken by those they have betrayed . And for to show them that my Conclusions are grounded upon matter of Fact , as well as Sense , and Reason , and not like their lewd Arguments , upon nothing but some Factious Notions , and Seditious Opinions , I desire them to consider , whether they did not themselves find it so , in several Instances . In the year fourty seven Mr. Sidney's Original Power of the People ; in his own Sense , was in the Senate and Representatives of that which we since call the long Parliament ; but they having as Rebelliously , as well as impudently , put the Sword into the Peoples Hand , that had put their Original Power into the Parliaments , they found all that but a Complement , they soon saw what an insignificant sort of Representers they had made of themselves ; and that their stout Electors , for all their buying of their Burgesships with so much Bees , and Beer , would allow them to be no longer such , than they relish'd their Proceedings : For to these their Representatives , they send a more significant sort of a Representation , that of an Army , to tell them their good House must be purged of such Members , as for Delinquency , Corruption and abuse of the State ought not to sit in it : and to let them see that for all Mr. Sidneys delegated Power , they retain'd enough not only to revoke their Commissionated Authority , but to chastise those whom they had Authoriz'd ; They prefer an Impeachment of High-Treason against no less than eleven of their most eminent Legislators ; one of which , ( for such is the remarkable Visitation of Providence upon the Heads of Traytors , ) happen'd to be a Person , whom 〈◊〉 very King had impeach'd before ; and which nothing but their harder usage of their Hothams ; tho but the just Judgement upon such Perjur'd Heads , could so happily Parallel : For these Villains , when once dipt in a Treason against their King , never left it seems ; till they committed another of as deep a dye against the People ; they thought perhaps the forswearing their Allegiance might be expiated with a breach of Covenant , ( 〈◊〉 ) A single persidiousness , atton'd by being doubly Perjur'd , as if the breach of two Negative Oaths , like a brace of Negatives among the Latins , had affirm'd their Fidelity ; but this which is so remarkable , I could not but observe , because it will attone for the Digression , in shewing that the just God of Heaven ; as a more satisfactory Justice to their injur'd Soveraign , and a severer Judgment on such Seditious Subjects , had destin'd those Heads that were forfeited to their King to be sever'd from their Bodies by that People they had serv'd : But to return to those Rebels that made such pretty returns upon one another ; they were not only satisfied with threatning their Representatives with a re-assuming their Original Power ; but they actually did it in a Remonstrance of Rebellion against their Representers , as well as not long before in another against their King. For so closely did they pursue their Suffragans in the Senate , not only upbraiding them with ordinary 〈◊〉 , but fairly laying to their charge , Treason , Treachery , and breach of Trust ; neither would the bare charging them suffice , but they set up a Committee for Examinations ; which sent fairly one of the learn'd in our Law yet Living , to the Tower , whose Confinement was the less to be pitty'd , since the result of his serving them so much ; and several other Lords upon the same Charge of High-Treason were committed to the Black-Rod , who had they adhered more Loyally to their King , perhaps had never labored under this Tyranny of their Fellow Subjects : But Mr. Sidney's Original Power of the People carried them further yet : They draw up an Agreement as they call'd it , of the People , or rather an Union of Devils ; wherein it was resolved , they being weary of such 〈◊〉 : That the Sitting Parliament should be Dissolv'd : That there should be another manner of Distribution os Burrough's for better Elections ; and that the People from thenceforth were to be declared the Supream Power ; whereunto ; that , and all the future Representatives should be subordinate and accountable . And here I hope , I have proved it home with a Witness , from matter of Fact , as well as the force of Reason ; that Mr. Sidney's placing his Original Power in the People , made it impossible to be delegated to the Parliament any longer than just as the People pleas'd , that this Position made every Member of it dayly run the danger of his Head , and that upon his Foundation 't is impracticable for any State of Government to be establish'd : for to be sure , the People will seldom be any longer pleased with those Delegates themselves have empowred ; then while they want a Power to re-assume the same that they delegated , it would puzzle almost Arithmetick , and a good Accountant , to tell us how many Revolutions of Government , this confused Principle , of perfect Anarchy , coufounded us with all : This Original power was delegated as Mr. Sidney says , to the Parliament , and so it was indeed to the Long one in 49 : But there you see they pull it out of their Hands , and plac'd it in the Rump ; but that prov'd at last so unsavory , they could relish it no longer ; and so the Original Power forsooth is resolv'd into a Council of State , from that it runs into the confiding Men of Cromwells , and then at last Centers in the Usurper himself , so that in less than three quarters of a year , this Original Power of the People was delegated to three several sort of Representatives : I need not tell them how the People reassum'd it from his Son , and left it just no where , how the People retriev'd it again , and lost it they could not tell how , how they recovered it from the Committee , to whom it was lost , and then forc'd to leave it at last to him , from whom 't was first taken , their King : But this I hope is sufficient to satisfie any Soul , that this Supream Power when plac'd in the People , will be always resolv'd into that part of it , that has the Supream Strength : That this Maxim of Republicans , Rebels against the very Parliaments they so much admire : That it always ruins the very Collective Body of People , in which these Democraticks themselves would place it , and resolves it self into some single Persons , that by force or fraud can maintain it ; and this made Mr. Sidney tell us he call'd Oliver a Tyrant , and acted against him too ; well might he look upon him as a Usurper , that Usurpt upon their design'd Common-Wealth , as well as the Crown : I am much of his Mind , but it was far from the result of any Kindness to his King : He saw his Common-wealth could never be founded upon so false a bottom , no , not tho she had been his Darling , and Dutch built ; his beloved Low-Countries , laboring under a Magistracy , that Lords it with as much Power as that from which they were delivered ; For this his Original Power of the People must be as much delegated to those that govern there , as well as it is inherent in any sole Soveraign , that is the Governor ; neither are any besides the best of their Burghers admitted to Administration , so that even that State that comes nearest to a Common-wealth , is at last but a sort of Aristocracy , which their Harrington condems for worse than Monarchy it self : And I believe their Commons find the Impositions of their Burgo Masters as great and as grievous , as ever were the Gabels of Spain . So from what has been premis'd , this must be concluded , that since we see they can't punish , or Judge even their own Representatives , only their Suffragans in an house of Commons ; when they have delegated to them their Original power , ( which for once we 'l suppose them able to delegate ) much less shall they their Soveraign , tho they did , as they will have it , confer upon him the power that he has , for the Members of the lower House represent only the Commons of the Kingdom ; whereas the Soveraign is in some Sense the whole Kingdoms Representative . Since we have seen this Original Power of the People wheresoever it has been delegated to have created nothing but Usurpation and wrong ; where can this Power be better plac'd , but in the King that can alone pretend to a Right , and tho we are so unhappy , as to have presidents wherein they can prove to us that their Representatives were once call'd to an Account by the People that sent them ; that is so far from proving that they have a natural , or Original right so to do ; that it shows the danger of such a position that they may do it , and that when in the late Rebellion , they presum'd upon this their Right in Equity , they made it appear to be nothing else but the power of the Sword ; for in respect of a Right ; they are really so far from being able to censure their Representatives whom they send , that themselves are punishable for medling in those Parliamentary concerns with which they have enrusted others ; What force this has in the Case of their Commons ; holds a Fortiori in that of their King ? In the last place , give me leave to close this their Rebellious Argument of their Monarch being accountable to the Majesty of the people , with some few more Reasons against this Damnable Doctrine ; that has within the Memory of man , desolated and destroy'd three Kingdoms : A Doctrine that confounded us in the last , confus'd us in this ; and will be Condemn'd by all Ages : A Doctrine that places the Divine right in the People , and then indeed such an one as Mr. Hunt makes it , Impious , Sacrilegious * Treasonable , Destructive of Peace , Pregnant with Wars ; and what absolutely produc'd the Civil one of England , and Sacrific'd its Soveraign Head , to the Fury of an ‖ Headless Multitude . This Principle is the very Basis upon which all their Babel of Confusion , of a Common-wealth , of Anarchy ; is all Built and Establisht : And I shall never look upon it as loss , to have Labour'd in it so long , if we can at last but undermine its very Foundation : And that is laid even by the Libel of Mr. Sid. upon the Contract and Condition , upon which they 'll suppose he receiv'd the Crown , which he must be made to renounce , if he does not Perform when Accepted . And in answer to this we 'll suppose for once what the most Seditious Souls themselves can suggest , and that this part of the Rebellious position , abounds both with Sense , Truth , and Reason ; that our Kings have but a Conditional bargain of it , which indeed would be but a bad one too ; and such I dare Swear as the Greatness of our present Soveraigns Soul would hardly submit to , and if we 'll but believe his own word , as firm as fate , that never fail'd his Friends , and surely will not then be first violated for a debasing of himself , and a gratifying of his Foes , that has told us , or decreed , that he will not suffer his Government , and his Crown to be Precarious : And I am apt to think that he that stemn'd the Tide , the fierce influx of Blood and Rebellion , as well as without a Metaphor withstood the noise of many Waters ; and baffl'd the Billows of the main , will hardly , when Seated at last in a Peaceful Throne ; be regardless of it's ‖ Right and Prerogative , which even his meritorious sufferings have deserv'd , should we bate his Virtue , and Birth were not in the Ballance . And 't is much unlikely that he that kept his Grandeur when a Duke of York , should dwindle into that of Venice ; and that too , when a King of Great Britain : 'T is their Doeg I confess that accepts upon Condition , 't is their Duke with whom they do Contract , our Crown as I have shown has been resolv'd an Imperialone , from the Letter of its own Laws , and the very Statutes of the Land ; Theirs from the very Constitution it self Subject to the Senate , Ours from its Foundation RESOLVD not to be Precarious , as well as now too , from the Resolution of its Prince . But in answer to this position of our Republicans ; I shall depone this as a principle , that notwithstanding such a Contract upon Conferring the Supremacy , the same cannot be Dissolv'd even by the Consent of all those that Constituted it : I wont repeat to them , the Reason I have already urg'd from the * Royal Law of the Romans ; which one of their very Republicans says , was not without ‖ Condition , or Limitation ; which if so , then we see that both Augustus , for whose Establishment in the first true Imperial Throne of their Rebellious Rome that very Law was first founded , as also the Emperor Vespasian for whom it was again Confirm'd ; both these from all the Famous Historians of their Times , unless we 'll believe them , like the late Writers of the new Rome to be all Legends too ) both appear'd absolute in their power , unlimited in their Jurisdiction ; notwithstanding those Conditions they will have Exprest in that Law , neither did the People pretend to their deposition upon their Non performance : Julius himself that was not absolutely prefer'd to be the Royal Emperor , for he liv'd before that Law was made , yet was allowed such a perpetual Dictatorship ; as may be well resolv'd into what our Republicans reproach with their present Soveraign , an Arbitrary Power , And he too whom the Miscreant we before mention'd , says was ‖ justly Murdered ; and why ? only because he dignify'd himself too much ( as if it were a Crime for a King to be Great ) even he was not depos'd and dispatcht by the suffrages of the people ; but by a Perjur'd band of Conspirators and Assassinates in the Senate ; and whom the very people * too pursu'd for the Fact , and even ador'd their deceas'd Emperor tho Heathens , and their Empire was not Hereditary , to the shame of some of our good Christian Subjects that live under a Monarchy that is so , acquies'd more quietly under their oppressions of their Lawless Emperors , then some of ours under the good Government of their Gracious Kings , who as they have often promis'd , so have still Govern'd according to Law : The depositions and Barbarous Butcherys of some of the Roman Emperors , was never an Act of State , of the Citizens , or the people ; but the Force , and Fury of a Faction in the Army ; ( and 't is with that excuse I am sure our Presbyter with his good Excluded Members , would wipe his mouth of the Blood of his Soveraign ) for those were several times ‖ set up by the Souldiers ; and assoon pull'd to pieces by those that had plac'd them on the Throne , which effusion of Royal Blood was the clear effect of their not claiming it by an Absolute Inheritance of that Blood Royal , for those Adoptions they many times made , ware of little force against the salutations of a Legion , and the powers of the Field , and therefore * that Author when he says even those Caesars were Legally , and justly Condemn'd ) as if the Romans too , had once their High Court of Justice ) abuses the world both with a Factious infinuation , and in the very matter of Fact. In the next place , they must consider , that if there was such a Contract and Agreement among the People to accept of such an one for their King upon his performance of such Conditions ; ( 〈◊〉 I am sure his Deposition or Censure in our Kingdom were never formally annext to the Penalty of the Bond for his Non-performance ; neither can they show us in all their Charter of Liberties , such a Conditional License to Rebel ) yet yet still it must be supposed the consent of every individual Subject , ( which was somewhat difficult to be 〈◊〉 ) was required to such an Agreement , for upon the first Constitution of our Government , 't is certain we had no such Parliaments , wherein they could delegate their Suffrages to some few Representatives : and then by the same Reason we must have the Concurrence of all the particular Persons in the Land when we would Judg of the breach of that Covenant , upon which all their Ancestors were supposed to have accepted their King : And then I think from the Result of their own Seditious Reasoning our Soveraign may sit pretty safely , and he rule as Arbitrary as he pleases , when it must be carried against him with a true 〈◊〉 〈◊〉 , and not a single Subject left in the Land to befriend him with his Vote . For upon such a conferring off the Supream Power , it must be supposed that the several Subjects have bound themselves to one another , to suffer such an one to be their Soveraign , and made a contract too with one another in some such implied Sense , that A. confers his Right to Power and Government , upon B. as Supream Governor , upon Condition that C. does so too upon the same Person ( now to put it in the terms of our own Law ) the Subjects A. and C. here are both mutual Obligors , and Obligees to one another , and both Obligors to B. the Soveraign Obligee : Now 't is certain that A. cannot recal this power he has confer'd , on B. without the consent of C. his joint Obligor , but it must be with a breach of Covenant to his Fellow Subject , as well as of Faith , and contract to B. his Soveraign , and this mutual Obligation between two to a third , will extend as well to two Millions : And I hope we may make at length the terms of our Law plead Loyally , tho I 've heard an eminent Council at the Bar , ( but commonly for none of the best Clyents , ) Assert Loyalty to be nothing else but an adhering to the Letter of the Law , with this good 〈◊〉 , as if that would contradict the common Acceptation of the word among the Royalists , who make it to signifie an Asserting the King's Prerogative , whereas in their Law French , they would confine the word Loyalty to express nothing else but bare Legality : And be it so , I believe they 'll be but little the better for the quaintness of the Criticism ; for I dare avow that he that will be truly legal in their Sense , must be as heartily Loyal in ours , for nothing we see runs higher the Royal Prerogative , then that very Law by which they would run it down . But to come to the Nature of this political Contract , this Stipulation of Monarchy as they would make it , which will be better exprest in the Language of a Civilian , when the Subject it self is about Civil Government , and an Imperial Crown : In this Case rhere is also a Convention ( as they call it ) of : two Parties ; the Subject , and he that is to be the Soveraign ; one upon such a contract , stipulates to Govern , the other to 〈◊〉 Now in such Stipulations it is a receiv'd Rule , that no man stipulates but for himself ; and that there is no Obligation arises from any one 's promising another Mans Deed , so that every single Subject must in Person here ( as I've said ) have made such a Subjection to that Authority to which he submitted ; if this their Convention and Contract with their King can be supposed ; and then by the same Rule every man must in his proper Person come and retract his Obedience before this Right to Govern can be absolutely Dissolv'd , tho 't is the Opinion too of these sort of Lawyers , that what is promised by Subjects to the publick ( which in a Monarchy is always represented in the King , ) can't be revok'd by them , no not tho they have reason to repent of their promise ; and if this shall hold him , tho without any Consideration , or Cause , and tho it be but of a Gift to the publick use , much more then will it oblige him in his promised Faith , and Allegiance . But here in this Case , there is not only a Stipulation between the Soveraign and every Subject , but also between the several Subjects to one another ; for 't is a consent upon Condition among themselves , that this Man transfers his Power to some single Soveraign , because the rest have , does or design to do it , so that the Person upon whom the Supremacy is confer'd , is secured upon a double Obligation , both of that which is made among them all to themselves , and that which to him is made by them all ; and therefore that Opinion of Mr. Sidney , of the Power of the People , being delegated to some particular Persons , the Major part of which , can act for the whole Kingdom , is even unreasonable according to the Notion of their own Hypothesis ; For while he supposes it a Natural Liberty , and Original Power that the People have ; at the same time he lays down a Position that destroys it : For 't is Unnatural and against Nature , ( if they consider it , ) that the major part , should determine it against the Minor , and be taken for the consent and Approbation of the whole , when it is to be turned by a single suffrage and one casting voice . And this carrying it by a Majority is against the Nature of their Original Liberty ; for we see that even in all Seditious Assemblies , and tumultuary Meetings ; every Man would have every thing carried his own way , but the being concluded by the Major part ; has always been the result of some civil Institution in the Government , that thought it reasonable things should be so carried for an avoiding of Confusion and Disorder , so our Representatives in Parliament are chosen by the Majority of their Electors ; and they pass their Bills when elected by pluralities of Voices ; but this proceeds from President ; Regulation , Institution , Custom , and Law , and yet we see that many times , notwithstanding these receiv'd Rules , and tacit Agreements , to which all have submitted , they are loth in their Elections to stand to their own accord in such Cases , and that those that have lost the day , or the Cause by some few voices , are restless , tumultuary ; and their natural Liberty that is in herent in every individual , so prevalent , that what they have lost by Law , they endeavour to compass by force or fraud , and from that has proceeded those Riotous forcible Decisions of some of our Elections , those clan destine and fraudulent ones of others , from that proceeded in our late Confusions even in Parliamentary Affairs ; The Remonstrances of the Army , Excluded Members ; the Impeachment and Imprisonment of the Eleven Members , Prides Purge ; The Peoples Agreement , Abolishing of Lords House , and at last Olivers Dissolution ; for the Independant Faction prevailing in force , would by no means be concluded by Law , the Presbyterian suffrages were all along the most numerous in the Senate , and by all their Presidents in Parliament , must have carried every Vote by the Majority : This the Independant that fill'd not above the third part of the House found to their grievance , saw themselves still out-voted by Law , and so be took themselves to their armed Suffrages , and their Legislative Swords . Now tho the plurality of Voices ( tho against their Natural Power of the People for they don't like it even in Parliaments now , since things are not carried all to their liking , ) may be allowed to determine the Debates in a great Senate , conven'd by the Soveraign Power ; yet it cannot be imagined that the Majority here too shall carry it for an abolishing that very power that called them ; unless we can imagin the Supream Power had summoned them on purpose to be deposed ; and that this politick BODY was Assembled , ( as once they were too sadly in the natural Sence ) to cut off its own HEAD ; the Writ that summons them in our Parliament , is in order to deliberate about the difficult Affairs of the Kingdom , and it would be a difficult Business indeed , should it be by a casting voice , extended to a debate whither they had a King. And from these Reasonings and Suggestions ( which I submit to Men of more Sense and Reason ; ) I dare to draw this Conclusion , that even from their own Principles ; Their Contract with their King , or as Sidney says , The Condition upon which he receives the Crown , he can not possibly be punish'd or depos'd , because 't is almost impossible that every one of his Subjects should concur in such an Act ; and the Major part must by no means determine it , by their own Maxims of Natural Liberty , even in affairs of lesser Moment . 2. Because 't is no Consequence , that because they have confer'd the Supremacy upon some single Person , that therefore they may reassume it too , tho it were forfeitable even on Condition , which l 've shown the Romans themselves , never pretended to , tho their own † Democraticks tell us , their very Lex Regia was Conditional ; and ‖ their Laws which by all Nations are allowed the most equal resolve it ; that tho with them bare promises if made to private Persons were were not Obligatory ; yet when offer'd to the publick they oblige , and that in a Monarchy is always the King ; and what then must it be when there 's Oath made , Faith pawn'd , and fealty sworn : And those Laws resolve it too , as reason must , that when the Supream Power was confer'd on the Prince , all Magistracy was past over too , and in that lies all Judicial Power , and who then shall Judge of those Conditions that forfeit a Crown but him that wares it ? and thenthey'll be but little the better for the Controversie , when a King cannot be deposed , unless like a Richard the Second by his own consent . I have taken this Course , as the best way for the Confutation of such Principles ; not that I can really grant them the Concessions I have made , for I could assoon believe Mr. S. dy'd a Loyal Subject , as be satisfy'd with the positions he has lain down ; but I therefore grant them their own Hypothesis , that they may confute themselves , that they may see their own Babel of Anarchy will not be built upon the very Basis and Foundation of those Foolish positions they maintain ; that the work never was , or will be carried on far , without terminating as that of their Fore-fathers , in Confusion ; ( and by that they mean perhaps a Common-wealth , ) and have I hope in some Measure manifested , that even by their own wicked assertion of the Peoples Divine , Natural and Original power they cannot really pretend toany Right of Judging ; Punishing , or deposing their King , what force can do ; we have both felt , and fearfully , to our Terror seen , but in all Arguments of this Nature , the Question is of the Reason , and Right , and not of any Fact that may be justify'd by wrong ; and the refuting them from their own Maxims , must be more effectually convincing , then the maintaining of ours ; for one opinion in Politicks , is not absolutely destroyed , because some Persons can maintain another ; no more than the Systeme of Plolomy was presently False , only because Copernicus had invented his for True ; for the bare contradiction , and Clashing of positions , convinces no more than the giving the Lye , but when it is prov'd upon them in one , that even from their own Principles and Premisses , they cannot draw the very Conclusion they design ; as it was since in the other , that from their own Hypothesis they could not solve all the Phrases , and Phaenomenons themselves would make to appear , then certainly they must allow that themselves are in the wrong tho they will not Confess their Foes in the Right . And now having at lenght examin'd their Original Power of People ; let us a little consider how long , and from whence our Kings have had their Original . If we must make words only instead of an Argument ; and cavil about an Idiom in Speech , ( as some of their critical Contenders about this Origen of Kings have very vainly , and as Foolishly quarrel'd at ; then we must consult our Dictionaries , and the Dutch Tongue ; for without doubt till the Saxons settled here they had some other appellation ; and were only from them call'd Konyngs and since Kings , but if we consider the Nature of the Government , it is that which from the Greeks we call Monarchy , which from its own Etymology best signifies and expresses the Sense that it bears , which is the Governing part , and the Supream power plac'd in the sole hands of some single Person , and then the Queston will be only this , how long that has obtain'd in the World ; by whom first instituted , and in whom it first commenc'd ? For the first ; 't is undeniable that its Original was with that of the World , and God himself gave it by the Name of * Dominion to his Adam he had Created , which in express Terms was given him first over all the Living Creatures , and then over the product of his own Loins , his Wife ; and after that , ( as if Providence did design to prevent the dispute about the Precedency of Primogeniture ; ) it gave in express words , a Superiority to Cain ; that the younger should be in some sense his Subject , that to him should be his desire , and that he should Rule over him ; from whence it was assoon Communicated to the Several Heads of the Families that were the product of their Loins , and so succeeded in a sort of subordinate Government according to the Antiquity of the Tribe , or Family . That this was then such Authority , as we now call Kingly , is both nonsense to assert ; and as great a Folly for any to require that we should maintain , for they may as well quarrel with us , when we say there were Kings of Israel , and Judah , and yet cannot prove that there Courts and Revenues , were as Stately and Great , as now they are in England and France ; 't is enough if the Government of those Primitive times , was but Analogous to what we call Kingly now : And now that we have brought it both to a right of Primogeniture and a Paternal Right from whence will result the Divine ; we 'll consider what it is , Mr. Sidney and his Advocates can say against it ; and see if there be any such absurdities in it , as they more Seditiously ; then with any Sense and Reason suggest ; first for the right of Primogeniture , that themselves will allow ; but 't is only because not able to contradict , and besides as they imagin , it makes for them , and their Cause ; for by that course of descent , they think our Asserters of a Divine right , are oblig'd to deduce their Pedigree of their Kings form the Creation of the World in a right Line ; and therefore Mr. ‖ Sidney says that such a supposition makes no King to have a Title to his Crown ; but what can deduce his Pedigree from the Eldest Son of Noah . But for that absurdity which is truly their own , by supposing it ours , when it can't be truly deduced from the Doctrine and defence of a Divine Right ; we shall answer anon when we come to treat of the Paternal . That Primogeniture had the Preheminence in the very Worlds Infancy ; ( if we do but believe the word of God , which tells us , that himself told Cain , he should Rule over his younger Brother ; we cannot doubt of the truth of it , besides Abraham's being a Prince , and having a Precedence to his Brother Lot , is also there recorded ; and Esau ‖ selling of his Birth-right , Condemn'd as a Contempt of that preheminence , to which God , and Nature had prefer'd him ; and which himself only disposed of when he presum'd he was upon the point to dye ; and for his disregard of this Priviledge , was he punisht too in the prevention of the * Blessing , and which is perhaps the only Instance in Sacred writ where a Lineal Discent , and the Succession was interrupted ; and this too only occasion'd by his own Act. ‖ And that God himself did appropiate this precedency to the first-born , may be gathered out ofall the History of the Old Testament , the only account that is extant , and from which Authors gather all the Authentick Relation of the two first Epooches and most Memorable Periods , or Interals of time , viz. That from the † Creation to the Flood ; and from the Flood to the first Olympiad ( i.e. ) to Ann. Mund. 3174. for the profane History of those times is accounted Fabulous ; and by Historians call'd so , and from those Sacred Oracles it will appear that all their Kings of * Israel and Judah succeeded according to this Right of Primogeniture , or where that fail'd by ‖ Proximity of Blood ; And as the Almighty Countenanc'd such a Succession ; So does Nature it self , which among Heathens was distinguisht from the Deity ; and may be so amongst Christians too , if they consider it asthe Work and Order of the Divine will , for if she shall decide it , she presumes the Eldest in years , to be always the wisest too ; and 't is not Nature , but a chance preternatural when it happens to be otherwise , for if we should conceive no disparity between Brothers and Sons , then all Right and Superiority must be decided by Lot ; but Nature giving a precedency by Birth , makes Naturalist to call Primogeniture the Sors naturalis : In the next place the Laws confirm it , and the Practise of most Nations as well our own ; so that when Mr. H , tells us the Succession to the Crown , is of a Civil Nature , not establisht by any Divine right , he will find ; and must needs know that such a Succession by Primogeniture , or Proxiof Blood ; even by almost all Civil Institutions is allowed the precedency , and that even in the Discent of Common Inheritance , and Private Estates , and as I have said before I look upon the Crown to have a stronger Entail and more oblig'd to discend in a direct Line , if it were not from any Divine Institution of God ; but from a bare Human Policy , to prevent the Blood and Confufion that attends always a Competition of disputable Titles , which will needs be the result of any alter'd Succession ; and what now do these Laws affirm , to which Mr. H. must affix his discent of the Crown by his own words , when he says 't is of a Civil Nature ; why the Civil and Imperial 't is true differ from our own in this , that with them he is lookt upon an Heir , † that is left so by the Testator in his Will , and by them a Testamentary Succession was more esteem'd then a Legitimate and Lawful one ; yet even that imply'd there was one that was Legitimate or born so , and the Reason why they rely'd so much upon Testamentary Inheritances was I * believe because those were confirm`d by the very Laws of their 12. Tab. which was their first and Fundimental ; and therefore as long as the Testamentary was valid they would by no means admit the Legitimate one : But still even in those Testamentary donations , I believe they for the most part 〈◊〉 most of their Patrimony to the Eldest ; as well as we see among our selves , our Tenants in fee simple , that have as absolute a disposition of it by Will ; or those that have recover'd against the tail , by fine or the like ; still leave their Eldest their Heir , tho Impower'd to give it to whom they please : And then for our own Law , the very Custom of the Realm ; by which we must be more immediately Govern'd ; that makes the ‖ Eldest Son the only Heir to his Ancestor , or else the next of Kin to the Predecessor deceas'd ; and that is the Reason an old Aphorism obtain'd even with our own Antient Lawyers , that expressly insinuates such an Hereditary Succession , to be by Divine Institution , when they tell us that 't is not mankind but the Almighty makes them Heirs : I know that the saying more properly refers to the Order or appointment of the Divine Will , that such an one shall be the First-Born , because it makes him to come into the World first ; but if it can be prov'd from the Text , as in many places it may , and in some we have shown , that God himself in express Terms made the younger Subject , we may be so bold to say that he instituted too such a Subjection , to be paid to the Eldest . And now let us consider the paternal Right , which our Republicans so much deride , which Mr. Sidney in ridicule would force us to derive from the Eldest Son of Noah ; which Plato Redivivus would expose in the Empire of Reuben , the Brief History calls a new Notion of the present Age , and Mr. Hunt laughs at in the merry conceit of calling it the Court of King Adam , and King Father , 't is true the most Sacred and Divinest truth , may be made Ridiculous , only by laughing at it , and the World has not wanted even such a Blasphemous Buffoon , to burlesque the whole Bible ; but I shall shew them here as in the most proper place , in what Sense those Fathers might be said to be Kings , and that the Absurdities they suggest , are sar from any Consequences of such a Supposition : And why for Gods sake must we be put to prove , ( only for Asserting that the first Man had a Monarchichal Dominion , tho it were at first over Beasts ? ) why must we therefore make out too , that he kept up his Majesty after the manner of our Kings ? And that Adam in his Garden of Eden , in the first Year of the World , had built him an House like a Solomon , that was hardly finish'd in Fifteen : That he that had but Fig-Leaves to cover him , had laid the Foundations of his Court in costly Stone , and erected a Pile whose Porches and Pillars were of pure Caedar , and all the Building built up out of Caedar Beams , they may as well expect we should make out this too , 〈◊〉 bring all the Forrest of Lebanon to be laid out in a Palace of Paradice : Is it not enough for us to maintain that the first Government in the World was Monarchial , ( when we can prove all the Dominion and Power was imparted to a single Person , and when God himself seem'd to make but that one Man , to prevent even a possibility of a Competitor , and a Division of the Soveraignty , ) without being obliged to make the very Origen of Monarchy adaequate to the Improvement of it , and that a Soveraign for almost seven thousand year agon had the same Pompous and Imperial sway , that a series of time , and a Revolution of Ages has settled in the King of Great-Britain . Many things are clear from Analogy of Reason , tho they cannot be demonstrated to Sense ; the naturalist and Chymical Operators may well conclude , that the mineral Vermilion is made by some 〈◊〉 , Subterraneous heat , that 〈◊〉 the sumes of Mercury and Sulphur ; in which Mines 't is found , from their being able to make the Cinnabar its Resemblance , by an Artificial 〈◊〉 out of the Butter of Antimony , in which is both Sulphur and Mercury , tho themselves were never working under ground , and in the Mines . If we must be put upon such a piece of Impertinence , as the Postscript would have it , to find out this King Adam's Court too ; I 'll just take the Liberty to put them to just such another task , They will have their instituted Common-wealth to Commence from the World's insancy , even before that of Israel , before that Moses as they say had divided their Land unto them by Lot , and turned the several Tribes into so many Republicks : And then let them tell me what sort of a Republick it was , that the Patriarchs liv'd under , and were ruled by , where it was that Abraham , and his Fellow Citizens consulted to make Laws for the Benefit of the Common-wealth of his Family , so great that his train'd Servants , 318 sought 4 Kings , where it was that Lot and his Herds-men , when they pitch'd their Tents in the Plain , set up their Stadthouse , and commenced Burgomasters ? if in those days there was any Government purely Democratical , that is , 〈◊〉 Licentious , it must have been seen in the Cities and Towns , of those times , some Sodom or Gomorrah , yet even there the Text tells us , Bera was King of the one , and Birsha of the other ; let them tell us where Isaac when he settled in the Valley of Gerar , set up his Servants for Senators , tho he was grown so great ( since they will have it so , in the Common-wealth of his Houseshold , ) that a mighty King of those times , whom the Text expresly calls so ; Abimilech told him , that he was much mightier than he , and the Philistines envyed and 〈◊〉 him too for it : Let them tell us how Jacob liv'd in the Republick of his Sons and Servants in Succoth , tho such a numerous train , that they could venture to invade the City of the Shechemites , inhabited by the Subjects of Hamor the Hivite , whom the Scripture calls the Prince of the Country , and sure these Patriarchs were somewhat more than the ordinary Fathers of Families , as Plato would make them , when their Forces were so great , and their strength so formidable , that they sought Kings , and were 〈◊〉 by Princes : And now let them prove that this paternal Power of these ‖ Patriarchal Kings was no more than that of a Burgher in the Town of Amsterdam , or that the Cities that were several of them then erected , and where the sacred writ expresly says , Kings and Princes Reign'd , that those were nothing else , but as perfect Republicks , as Venice , Geneva , or the united Provinces in the Netherlands . And cannot our Seditious Souls be convinc'd that this their Patriarchal Power was Monarchical , unless we can prove every patriarch a Crown'd King ; should we oblige them to make out their Common-wealths of those days after the same manner their Modern ones are now Establish'd , they would be put to find out in those primitive times some general revolt of a Rebellious people from their Lawful prince : For that was the first Foundation of their 〈◊〉 Republick in the Low-Countries , as Mr. Sidney himself will allow , tho against common Sense and Reason he cannot let it be called a Rebellion : And also is it not one thing to say a paternal Right was once Monarchical ; but must it make all Monarchs to Rule by a paternal Right ? conquest of the Sword grounded upon a good pretence of Right is what a great many Kings claim , by a long series of Successive Monarchs , makes the Title of a great many more as much unquestionable ; and yet I cannot see , why Monarchy may not still be said to have been first founded in a paternal Right , tho the claims to Soveraign power since , in such several Kingdoms , and Nations where it is now Establish'd , are 〈◊〉 as several sorts too , as there are Subjects that have submitted to be govern'd by it . It is a pleasant sort of Diversion to see Mr. Hunt Harangue out half of his Treatise in an impertinent pains to prove the Father of every Family at present , not to be the King of it , we would have granted it him quietly , and the postulate should have been his own in peace , without raising upon his War of Words , and the thundering charge that he gives this Opinion , of puzzl'd , senseless , vain , unlearned paradox : For once every parent shall not be a Crown'd Head , and every City but a Common-wealth of Kings : for that is all they must contend against , and then what 's the Contention , but just about nothing : but that parents have nothing in them that is Analogous to a Monarchical power , that they have no Right to govern those very Children they have begot , ( as this Gentleman with his mighty performances thinks he has perfectly prov'd ; ) that I think will be found at last to be the greater paradox , if not a perfect Lye : For first the very Decalogue declares the contrary ; And the command we have to Honour our Father and Mother , implies an Authority that they have that requires Obedience , by the Levitical , the Laws of the Jews , the Rebellious Son was to be ston'd to Death , and if the very Bible can call it Rebellion ; Certainly it must suppose some power , against which he could Rebel : And what does Mr. Hunt , who himself admits of this , say to the refuting the very Objection that he raises , why he says this was an unnatural severity permitted the offended parent , that is an unnatural severity commanded by the very God of Nature : For all those their Laws were so many Divine precepts for the regulating his own Theocracy , and the very Text tells us this exemplary punishment of Dissobedience to parents , was shown that Israel might fear , ( i.e. ) fear those parents in whom the Almighty's Law had lodged such a power : and then if we consider it in the Abstract from any positive Law of God , or Divine precept , if we look upon it in a pure natural State , as the result of Generation ; for all whatever the postscript impertinently suggests with his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and all the distracted noise that he makes with the procreation work being such an Act of Affection , and mere impetus of Love , I cannot see , why by that darling work that delights Mr. Hunt so much , the power of governing those very Children he has begot should be superseded : The Gentleman among his many Melancholy moods , had it seems some pleasant Fancies : For in effect he tells us no more than this , that Coition being an Act of Love to the Mother , the Government over the Child that she bears him , must by no means be call'd a power ; and if this be not indeed a puzzl'd , senseless Opinion , I submit to persons that abound with more sense , and if it have the least shadow of a consequence , I will forfeit all my Right to Reason , might it not be as well infer'd too , that every Father that chastises his froward Child , is an absolute Tyrant , because that sort of severity savors of Anger , and fury , but the Generation work obliged him never to exercise it , because that was an Act of extream Love. But besides that precept in the Decalogue , Honouring our Parents , is an Eternal Law of Nature engraven in our Hearts , as well as it was in the two Tables of Stone , and whereever there is a Natural Veneration ; there is at the same time an imply'd subjection , for those we always reverence most , to whom we are most Subjected ; I know there are inferior Objects upon which many times we place our affection , and may in some sense be said to have for them an Esteem ; but that cannot be properly call'd Honour , but is better exprest by the Name of Love ; and this is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that Friends have for one another tho they are Equals , or Parents to their Children tho Subject to their power ; but if we consider the word Honouring it self , ( which in all the Versions of the Decalouge is still render'd so , as if it would remember us of the subjection we owe to those we are commanded to Honour , ) that very word it self implys Power in the Person that is to be Honoured , for if we abstract our selves from any prepossessions and Engagements of Love , we still find we still Honor those most , that are also most in power , thus our Nobility are respected by us as Honourable , because they are in great places of Power and Trust : And our King more Honoured by us agen , because the very Fountain of Power it self . And lastly what strikes us more into a Venerable Horror of the Majesty of Heaven , but that awful attribute of his being Almighty ; so that uncorrupted Nature it self from the Rules of Common gratitude obliges us to Honour our Parents , as well as the express precept of the Divine will ; and then by Consequence subjects us to those whom we are requir'd to respect so much and esteem ; for Nature as it never ( according to the Maxim of the Naturalists in Philosophy ) is said to do any thing foolishly , or in vain ; so neither will it require any thing that is so , from others to be done ; and therefore there is no Natural Law that obliges us to Honour our Servants , and those that are subjected to our Power ; but the very Act it self would seem preposterous , awkward , and unnatural . And this agrees even with the very notion of as Learned a Republican perhaps as ever publisht any thing in Politicks , for Aristotle that liv'd under a Common-wealth ( tho he had less I believe of its principles than our Seditious Souls that are Born Subjects to a King , and sworn to be true to an Establisht Monarchy ) he to Confirm his opinion of the paternal Right , which in several parts of his Politicks that Antient Heathen , that vast Body of the Primitive Philosophy is pleas'd to maintain when he tells us that Families and Houses were at first Govern'd after the manner of Kingdoms by the Eldest head in it , that Cities were heretofore ; as most Nations now are , under the Government of Kings , and then in another place in his Ethicks more Expresly to this purpose , plainly says , directly contrary to the Sense of Mr. H. and some of our Democraticks that have ador'd some part of his Political Observations , † That an Empire or Monarchy , ( or according to the Literal Greek ) a Kingdom will be a Paternal Government ; and one would think the Authority of such Antiquity , should at least have prevail'd upon Mr. Hunt and his Historian , not to have Libell'd the Hypothesis for Novel or new ; but agreeable to this his position , does that wise Heathen define Honour , in the same Sense as I have Suggested aboue , ( i. e. ) that it does imply wherever it is paid a Power , and Subjection in him that pays it ; for he makes all his Honour , peculiarly , properly , in his ‖ Politicks to signify nothing else but Empire and Magistracy , and in other places by those that are in HONOR ; he understands the same persons , whom at other times he dignifies with the Title and appellation of those that are in POWER , which has made me many times think , that as the Romans receiv'd the first rudiments of their Learning from the Greeks , so they might retain some roots of their Language and mixt them among their own , as we see among our selves those Modern Nations do at present that Correspond ; and then we may imagin ( since their Sense and Etymology is not so wide and irreconcilable , ) that the Latinisms Timor and Timeo , were but borrow'd from the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for whom we fear we must Honour , and whom we Honourwe fear ; I know that it is but a sorry sort of reverence that is the result of our being afraid ; but yet we oblige our selves to pay it , tho it be but with reluctancy ; so that I can confirm the position I lay'd down , and return to the very words of what was first asserted , and that with none of the worst Syllogism in Logick , a sort of Sorites , or Gradual Climax . i.e. Where ever there is any Natural Honor , there always will be an awful fear , and wherever there is any thing of awful fear , it is of somewhat what that has an absolute Power . And then in my poor Apprehension , it is almost as natural an inference in the Rules of Logick , from the proposition of A , being the Father of B , that therefore he is his Lord and Master too , as it is in the Common Conclusion that is made among Logicians , of B's being an Animal , from the Proposition , that he is a man ; for tho Dominion be not absolutely exprest in the definition of a Father , yet it is so apparently Imply'd , that it makes an essential part of him from the Closeness of the Connexion ; neither can Mr. H. overthrow the notion with his Fruitless Labours about the sublim'd Love that exerts it self in the work of Generation , for it is not the bare procreation that Entitles the Father to this Dominion ; for then the Mother too would at least have as great a Power over the Production , being as much contributory to its being produc'd , and for some reason more Right and Jurisdiction over her Infant , as being the Fruit of her own Womb ; as being she , that ‖ determines it to such a Father , as she that has commonly the sole care and concern of its Education ; till it is grown more Adult and fit for to be form'd into manners by the Management of the Father ; and therefore not only according to the Maxim and Sanction of the Imperial Law , not only in a Civil and Political Sense , the Birth is said to follow the 〈◊〉 but it holds good even in the State of 〈◊〉 , and even in the literal 〈◊〉 visible among Beasts : But that which gives the Father a double Title to the 〈◊〉 over the Child , is not only his being as a Natural Agent , the first Spring that gives it Life and Motion , but also because the Civil Sanctions of all Kingdoms and Countries , still 〈◊〉 the Fathers Heads of their Families ; and from the Conjugal Compact that is made in Matrimony , subjected the Wife to the Jurisdiction of the Husband ; so that whatever Power and Right belongs to her over her Infant , is like the acquest that accrews to a Servant , or 〈◊〉 ; which the Civil Law and our own ‖ Common too resolve , into the Power and Possession of the Master and Parent : And then with what an Impertinent sury ; with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert 〈◊〉 ? ‖ In making him a Monster , and persuading Mankind to Sacrifice their Sons unto Moloch , in depraving Human Nature worse than the Leviathan ; I confess the Furious fellow might as well fasten this upon that Loyal Persons position of a Paternal Right , as they have several other propositions full of absurdity upon the Doctrine of the Divine ; which still have been nothing else but the durt and dust of their own raising ; but is it a Crime at last with some of our Rebellious Christians to become Loyal , because the Leviathan whom themselves will make but an Infidel has lent them so many Lessons to learn them Obedience ; or is not a reproacht rather anough to make the boldest republican to blush , that believes but a Deity , to see a Monarchy so well maintain'd even by a Reputed Atheist ? if the Asserters of a paternal Right concur with him in such positions as render them good Subjects ; I am sure these opposers of it , agree with him in every point from whence they can draw but the least countenance for Rebels . These Venemous heads the Spiders of the publick , that spin their Notions into Cobwebs , into such fine nonsense that they cannot hang together ; have here also that other good Quality of that virulent Creature , to suck up all the Venom and Poyson of Mr. Hobs , and prey upon the very principles of his Corrupted Air , and the Infectious depravations even of Human Nature : his Origination of Society out of Fear , his definition of Right to Consist in Power , his Community in Nature , his Equality in persons ; all the very Contradictions of himself ; reproaches of his Reason , the Opprobriums of his Sense , the Pest and Plague of the People , are priz'd with our Republicans as the Philosophers and the Schools do their propositions of Eternal truths ; they imbibe the Poyson , and exalt , improve it too , they sublimate the very Mercury of Mr. Hobs ; and whereas he equals us only in a state of Nature , our Levellers will lay us all Common , under the Inclosures of a Society , and the several restrictions of so many Civil Laws . But to what tends this their turning all the Power of a Parent into Tyranny ; as if a Father could not have an Authority over his Child , unless he be bound to make it his Slave , as if the Chastisement of a Father could not Evidence his Supremacy over his Son , unless like the Saturn of the Easterlings , he Sacrifice him to the Fire , and torment it in the Flame . But this paternal Right of the Father , must suffer by these Factious Fools , from the same sort of Inferrences they bring against the Divine Right of their King , which may only serve with some Loyal Hearts to confirm the great sympathy there is between them ; for as by the Law of Nature , a Father can't be said to injure his Son , so neither by those of the Land , can our Soveraign wrong his Subjects : For , say these Seditious ones , your Divinest Monarchs by that Doctrine , can Hang , Burn , Drown all their Subjects , ( they should put in Damn too for once , since they may as well infer from it , his sending them to the Devil : ( but cannot common Sense obtain amidst these transports of Passion ? can they not apprehend a Father to have any paternal Authority over his Family , unless he be able to Murder every Man of it ? The Civil Laws , the municipal ones of his Land , ( if a Member of a Society supersede such a feverity , and if a Patriarchal Prince must be supposed , ( as were several of old after the 〈◊〉 , then the Affection of a Father : And the Laws of Nature were sufficient to fecure the Son , or 〈◊〉 the Servant from any 〈◊〉 , but what some proportionable 〈…〉 so also , did this Divine Right 〈◊〉 〈◊〉 Soveraign as entirely 〈◊〉 〈◊〉 the great Turk ; yet the 〈◊〉 part of those Civil Sanctions , to which the Divinest of them all would be 〈◊〉 , or at least the precepts of the Divinity , their God under 〈◊〉 they 〈◊〉 , that will oblig'd them both 〈◊〉 Justice , and Mercy , the two great Attributes of him whom they represent . But since they would make this Empire of a paternal Power so 〈◊〉 in Reason , let us see how it has all along 〈◊〉 in the Letter of the Law ; and if it has there 〈◊〉 been 〈◊〉 upon as a Notion so 〈◊〉 and 〈◊〉 . The most illuminated Reason of our eminent 〈◊〉 , must submit to be much in the dark : The ‖ Romans from the result of their Imperial Sanctions , look'd upon themselves to have such an absolute Power and Authority over their Sons and Daughters , that they tell us expressly , it was a peculiar Prerogative , and privileg'd of the Citizens of Rome , and that there was no other Nation that could Exercise such a Jurisdiction , they could 〈◊〉 for ever , by this Power of the Parent , any thing that was acquired by the Son , and give it to any whom they pleas'd , whereas it might have been an Argument enough of a paternal Power , had they been but only usufructuaries , and the Dominion remained in the Child ; and such a Sense of Soveraignty do the Civilians express to reside in the Father of a Family , that they gave him the same Appellation with that of a King , and tell us by the name of a Family , the Prince of it is also understood ; and tho Mr. Hunt tells us a Story , out of the Cabala of the Jews Laws , and the Tract of Maimonides , that they lookt upon their Children 〈◊〉 of Course , when they came to Thirteen ; and that then they could claim it as their right to be free . I must tell him from the Constitutions of the Imperial , ( that must be of more force among us , unless we resolve still that even Christians shall Judaize , ) that no Sons were ever emancipated or emitted out of the power of the Parent , unless they could prevail upon him for his own consent , that by no meanshe could be compell'd to it , and they had no freedom de Jure till their Fathers were de facto dead : And tho 〈◊〉 in his Comment on that part of the Institution , says , They became sui Juris at 25 from their Manner and Custome ; yet concludes the Law of Nature oblig'd them still to their Parent , which no civil one could disanull : The Duty that their ‖ Digests say , was due to this Paternal power , which they 〈◊〉 almost as Sacred , was exprest by the word piety , and a * learn'd Civilian of our own laments , that there is no more provisions 〈◊〉 in our English Laws , for the Duty of the Child , and the protection of the Parent , and with them so great was the crime of parricide , that they could not a long time invent an adequate punishment , for such an unproportionable Guilt , tho they had one for Treason against the Prince . And tho our own Laws do not make the Paternal power savour so much of Soveraignty , yet we shall see they sufficiently evince that the Parent has a power very Analogous too it ; whereas Mr. Hunt will not allow it to have the least Relation , which remisness of our Civil Institutions might well proceed from a presumption of our knowledge of the express command in the Decalogue , of which the Romans were ignorant ; tho we have no formal ‖ Emancipation now in use , which does imply a power of Government , yet our old Lawyer tells us still , that Children are in the power of their Parents , till they have extrafamiliated them by giving them some portion or Inheritances ; and the Custody of them , while minors which 〈◊〉 went to the King , upon the presumption I suppose of his only ability to be a second Father , that was settled in the Parent , both by Common-Law and Statute : for there lay a good action against any one for seducing a Mans Son as well as Servant out of his power , which does imply that there is a power out of which he may be seduced , and thus I have endeavor'd to shew ; the first Foundation of power to have been in the Fathers of Families : And it signifies nothing , whither every Father of it Reigns in it as a King now ; and therefore Mr. Hunt his impertinence is inconclusive , and part of his Assertion a plainly , when he would infer , from the continuance of the Parents Authority over their Children , together with the Soveraign power distinct , that therefore there was never any Foundation of a Patriarchal power ; for he might as well tell us , That because we have no Parents now , but what are Subject to the Municipal Laws of the Land , therefore there was never any Patriarch in the Bible , never an Abraham , an Isaac , or a Jacob , that had an absolute Dominion over their own Families ; or none now amongst some Barbarous Nations , that have no other jurisdiction but what is Paternal , the question is not what jurisdiction those Parents have , that are Subjected to the Laws of a Civil Society , but what they have by those of nature ; and 't is as absolute a lye ; when he says , 't is not abated by the Soveraign power ; for were it not ; the Parent had a power over the life of his off-spring , as the Patriarchs had of old , and some Barbarous Nations that are at present unciviliz'd . And for the Statute of the 25 , which Mr. Hunt brings as an Argument against it , because 〈◊〉 is not made by that petit Treason , is as pertinent perhaps , as ifhe had told us , that every Father of a Family , was not included in that of Edward the first , that settles the Militia in the King : for sure 't is not possible to suspect how they can be considered asso many Soveraigns in the very Civil Sanctions that establish a much more 〈◊〉 Soveraignity , whose Supremacy in their several Families is founded on the Law of Nature ; tho we have seen that they are confirm'd too by the general Laws of Nations , and the Hypothesis favour'd from our own : But as it is impertinently applyd to this purpose , so is it as falfely infer'd from that Statute ; for tho Parricide be omitted , and the Judges by that act restrained to interpret its extent from the paty of reason , or à Fortiori , yet no Man in hissenses can imagin that it was therefore omitted , because there was no Relation of Subjection or Soveraignty between the Father and the Son , when a Master , and a Servant are exprest in the very Letter of the Law , when a Prelate and a Priest , a Husband and a Wife : And is it not against Sense to imagin a Man has not as much Soveraignty over his Son , as over his Wife , that sits always with him as his Equal , and to whom our Courtesie of England gives the Precedence , and the Laws of the Land make but one , as well as those of God ; and if the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Impetus of Love and Affection will supersede the Servitude and Subjection : I think that by Mr. Hunt's leave is more abundantly exprest to the Wife , especially in that point upon which he himself puts it , the work of Generation : And can it be imagin'd that even a regular , or secular Priest , whose Subjection to his Primate , or Rector ; is only the result of the Statutes of the Society , or the resolution of the Common Law , can denote more Soveraignty , then the Filial Obedience ; required by the Laws of God , Nature , and Nations ; the citing this Statute of Edward , for having omitted the making Parricide Petty-Treason ; because it argues they had no opinion of the Soveraignty of the Father , is the greatest Argument that they had ; for since they have suppos'd a Soveraign Power , ( which from the suggestiing of such an Argument here themselves do seem to allow , and tacitly to Confess ) in those Authorities , the Destroying of which is made Treason by this Act ; they 〈◊〉 conclude a greater So , veraignty to reside in him that has really a GREATER POWER , then those that in that Act are exprest ; for were it 〈◊〉 any impartial Person living . Whether a Man has not a greater Power over his Son , then his Wife , or Servant , it would soon be resolv'd that he has ; he being impower'd only from some civil Constitutions to govern the latter , but the former from the Laws of Nature , and Nations both ; so that in Common Reason , and Common Equity , Parricide must be concluded in the Chapter of Treason , according to the receiv'd Rule of Natural as well as Artificial Logick ; that every greater Crime must be Punishable by that Law ; that punishes a less of the like Nature ; and the true Reason why in this very Case the Judges do not make the like Conclusion from the Similitude or Aggravation of the sin , is as my Lord Coke * Insinuates because the words of the Act it self declare , that nothing but what is their 〈◊〉 and exprest shall be 〈◊〉 〈◊〉 but even that very Act , foreseeing they might have 〈◊〉 several things that by the same parity of Reason might be included , does provide with a sort of reserve , that at any time the Parliament might make it more Inclusive ; and I dare Swear had it it been propos'd to any Session that has sat since the Statute was first Enacted ; whether by Parity , 〈◊〉 was not fit to be made Petty-Treason , not a man of Sense in the Senate , but would have consented : And this Construction of a Parliament is what Mr. Sidney himself forsooth so much rely'd upon ; who if they will but put upon this branch of the Statute according to his ‖ own words , a construction agreeable to Reason , or Common Sense must conclude that he certainly is as much a Traytor that Murders his own Father ; as the Servant that kills his Soveraign Master , or a Priest that makes away with his Lord the Prelate . But besides if this Letter of our Law does not include the 〈◊〉 of the Parent in Petty-Treason ; yet the 〈◊〉 of my Lord † Coke upon this Case will go near to conclude it , for he says 't is out of the Statute 〈◊〉 , the Son serve the Father for Wages , Meat , or Drink , or Apparel , and I cannot see how any Son , till he is Emancipated by 〈◊〉 , or Marriage , or the like , can be said to be any other then his Fathers Servant and that for all four ; for as the Father requires of him filial Obedience , so he can , and they Commonly do Command their Sons in the Offices of Servants , and that Arbitrarily in whatsoever he pleases , and find him accordingly the fore-mention'd necessarys to the performance of his duty ; and above all this , it is the opinion of a good Historian , recorded by my Lord Coke ; that before this Statute Parricide was Petty-Treason by the Common Law , and then what will become of Mr. H. Triumphant Appeal to the Laws , as well as his impertinent applycation to Reason ; and before this Statute too , such a signal sign of Soveraignty was supposed to reside in the Father of a Family : That it was Petty . Treason too ‖ to 〈◊〉 , or 〈◊〉 the 〈◊〉 or Signet of the Lord of the Family wherein he liv'd ; a Signature of Royalty indeed , and almosta mark of Majesty it self , and the Reason my * Lord Coke resolves it into ; their own omission of this Reasonable part of the Statute , is so far from the Postscript impertinency , of the Parliaments opinion against the paternal Power ; that he says those Law makers could never imagin that any Child could be guilty of such a sort of Barbarity , and seems to insinuate the pretermission to have been the result of such a probable piece of presumption ; and that I remember was the very reason among the Romans , that there was no punishment for such a sin as superseded a Sentence . They had a ‖ Law supposed to be made in 〈◊〉 . Caesar the Dictators time against those that attempted Majesty , and a severe one too besides its being Capital , * to have his Goods confiscated , his Children 〈◊〉 , and his very Memory damn'd ; and one would think it might have serv'd for Parricide too , but they 〈◊〉 upon that Treason so gross , such a Traytor so great , that for a 〈◊〉 time he superseded even the Invention of a Torment from his Insuperable quiet . Mr. Hunt would do well , and like himself ; that , is to 〈◊〉 very Foolishly , even from this too , that the Romans had once no Regard , no respect , for this paternal Right , because the Punishment of Parracide was once left out of their Laws ; and yet at last that it might be no longer unpunishable only upon the same presumption that there could not be found such Criminals ; one Cnej. Pompeius is said to have been the Author and Inventor of a Natural Punishment , if possible , for a Crime , so unnatural ; that is , as he had Rebell'd against the Laws of Nature in this his Crime ; so he should be depriv'd while living of the benefit of all her Elements , and neither her Heaven or Earth receive him after Death , but to be Buried alive with wild Beast in a Bag , and set a floating in the midst of the Sea ; whereas if they kill'd any other Kindred or Relation , like Common Felons they were only punisht by the Cornelian Law : And now by this time I hope I may with modesty maintain , whatever our mighty 〈◊〉 do say to disprove 〈◊〉 that I 've shown the Paternal Power , in the begining of the World to have been patriarchal , and Absolute : And in all succeeding Ages to have been sub ordinately Soveraign , in the respective Families , and several Households in which the Parent does preside , and that asserted from the very Civil 〈…〉 that establish a Supream 〈◊〉 Paramount ; and some Measure demonstrated this from the very Word of God ; the course of Nature , Light of Reason , Laws of Nations , and the Statutes of the Land. And as I 've done with this paternal Right in Fathers , so I shall consider now in the next place the Divine of my King ; a Right that none but Republicans dispute , none but Rebels will really oppose , and they deal with this Divine Doctrine not so kindly as some Indians are said to do with the Devil , who paint him most ugly and 〈◊〉 only that he 〈◊〉 be the more ador'd ; whereas these dress up somewhat of Divinity it self in the most frightful form , to make it 〈◊〉 and Contemn'd , they tell us 't is Monstrous , Trayterous , Papal , Divelish ; and this is the 〈◊〉 Varnish these Villains 〈◊〉 over it , when all the while the Colours are only of their own 〈◊〉 : This is their Trojan Horse that must 〈◊〉 Popery and Arbitrary Power , and carries Fire and Sword in its Belly ; but in these their aspersions as they 〈◊〉 the Bible and 〈◊〉 the very Book of Life ; that in several places 〈◊〉 to us the very Divinity of Kings , so they Libel the works of that Learned Person they so much oppose ; in a misrepresentation of his very principles and positions about it ; and then 't is no difficult matter to render an Hypothesis puzzel'd , senseless , and absur'd , when with their own Pens they put upon it the Nonsense and absurdity ; for thus they deal injuriously even with the dead , and disingenuously detract from the Learned dust of that Loyal Subject Sir Robert Filmer . Thus Sidney says , and endeavours to deduce from his Doctrine what was never lain down ; that all mankind was born by the Laws of God , and the 〈◊〉 of Nature to submit to an absolute Kingly Government , not restrainable by Law , or Oath : Thus the Postscript will draw from it that it 〈◊〉 such a Government to be Establisht by God and Nature for all mankind ; that it proves a Charter to Kings Granted by God Almighty ; But such 〈◊〉 were barr'd from being so much as Evidence by the ‖ Civil Law ; they were forc't to subscribe their accusations and be 〈◊〉 if their Falsehoods were detected , with a retaliation , and our own † Statutes of King Edward provided once against such false suggesters with an incurring the like Punishment , they would have brought others to suffer ; and 〈◊〉 pity but those 〈◊〉 ones , or the like should be revived for the prevention of Perjury ; it would be no discouragement to good Evidence , tho deterring to the bad ; and these detractors and false Accusers of a person in his principles , deserve in a Moral Sense as much Animadversion , as those Perjur'd ones in the Civil ? why did not Mr. 〈◊〉 or the 〈◊〉 their subscription too ? Why were they not so fair as to cite the 〈◊〉 out of Filmer ; wherein these puzzel'd Senseless positions were asserted ? The Substance , the whole design of that Loyal and 〈◊〉 piece , is only to expose the Natural Liberty of the People , or as they would make 〈◊〉 the Subjects Divine 〈◊〉 to 〈◊〉 us the Royal Authority of the 〈◊〉 before the Flood , that Fathers were first , Kings of Families , that the People were not concern'd as far as can be learnt from the Scriptures in the chusing of Kings : That Monarchy has been always found more excellent 〈◊〉 Democracy , and popular Government more Bloody 〈◊〉 〈◊〉 : That People cannot ‖ 〈◊〉 〈◊〉 or punish their Kings ; That neither those of Israel or Judah were bound by their Law , but were always 〈◊〉 〈◊〉 , and that our own have always been so too : This is the Substance that by all the acquaintance I have had with his works , I could ever collect out of them , and as I remember from some particular passages , he tells us , That he does not quarrel at the Privileges and Immunities of the People , but only question whither they have them from a Natural Liberty , or the Bounty of the Prince ; He tells us tho Kings be not bound by the Laws , yet will they rule by them ; and that they degenerate into Tyrants when they do otherwise ; where then is this Bugbear Arbitrary , Slavery , Misery , the result of a Doctrine full of an easie Government , Freedom , and Felicity ? the most that can be gathered from him is , That Monarchys as well as other Estates , do and ought to descend from some supream Father , and common Ancestor , and that there is some paternal Right , by which the several Kingdoms of the Earth are Govern'd , although by the Secret Will of God , the long series of time , the several Successions are altered and Usurp'd . And then what must be meant by this Divine Right ? but what is consistent with the safety of the Subject , and the Will , and Intimation of the Almighty : That God has made it part of the Decalogue , That Moses had it delivered to him in his Tables on the Mount , that it is a positive Divine Precept , that all the wide World should be govern'd by nothing else but a Succession of absolute Kings , ( and as they would make every Monarch , ) by a Divine Entailment of perpetual Tyrants : these are only the Conclusions of rage , and transports of those that are 〈◊〉 and prejudic'd against such a Notion or opinion , the rants of our implacable Republicans , that are pleas'd with nothing that recommends a Monarchy , no tho it be the very Bible , and the Book of the Almighty : Cannot those silly Souls that are transported out of Sense conceive that there is a difference in Assertion to say , That Monarchy is by Divine Right ; and that every Monarch Rules by the same Right Divine ; then indeed we should run into Sidney's Absurdities of making every Rebel that could but reach at a Crown , a Cromwell , or a Monmouth , as much a Divinity Monarch , as our best and Lawful Soveraign ; tho it must be granted that those Successions even of Lines , that have for a long time descended lineally , do intimate to us somewhat of the Divine Will that it shall so succeed , and even the paternal Successions in this sort of Royal Government , was given us for our Instruction that God approv'd of it from the time he gave the Children of Israel and Judah their first Kings , who throughout all the History of the Bible , succeeded from Father to Son : but that which garbles , and really grieves our Republicans , is that even the Divine Right of Monarchy it self can be Asserted , that we have so much as the Intimation of the Will of God , any Reason to conclude from his Word , that he has given the Approbation to the Kingly Government , any preference to Monarchy it self , they quarrel at the very Bible for mentioning so much as a King or Prince ; and they would make the version Libel the Original , when it makes a Melchisideck the King of Salem , or Hamor the Hivite ; Prince of the Country , they would have their INDEX too , and expunge a whole Chapter of Genesis for talking of ten Kings besides Abraham , and make all the Old Testament an entire Apocripha that does but mention a Monarch : And for this , ‖ Plato tells us plainly , that Moses made them all Commonwealths , and that afterward over those they call'd Kings the Sanhedrim , and Congregation of the People did preside , tho the Text tells us , Moses was King in Jesurun ; and so the King it seems made it a Common-wealth . These Rebels to the Majesty of their King , are as refractory to what the Divine Majesty has approved , they damn the very History of the Creation , and the Original composure , and Constitution of Nature , because it once made a Monarch in a single Man , and has puzl'd them to find out any more of Adams Common wealth but among his Beasts , they Curse the Dispensations of Providence , for preserving a Monarchical Government throughout the Universe , and has left them nothing but two or three Rebellious States , they condemn the deluge for not destroying Noah too ; but left so much of Regal Authority to remain in the Ark , this makes them when they are perplext with the pesterings of some Loyal Positions , to put us upon deducing our Kings Pedigree from Adam , or as Mr. Sidney says from the Eldest Son of Noah , the Foolishness and unreasonabless of their Postulates , the ridiculousness of those demands , I cannot better answer to my Satisfaction , or theirs , then by sending them to St. John's Coll. in Oxford : I 'll promise them there , if they 'll be but pleafed , there they shall see even the most everlasting Line drawn down from the Garden of Eden to White-Hall , from the first Adam to their present Soveraign K. James , and if they don't like the Heraldry , let them dispute it with the Painter ; I cannot tell how to gratify the Impertinence of their demands , but with as pleasant a message . But if a Man can be serious among such Buffoons ; I must tell them 't is one thing to say that Noah and Adam Rul'd by a Right Paternal , and another that every Monarch must have the same Paternal Right from Adam and Noah : 'T is one thing to say that God approv'd of Princes to Govern , and another that he appointed to every Prince the same Right of Government , the form of Regal Government I hope from the Royal Authority of the Patriarchs may be Justified to be of Divine Institution ; tho the Succession of the whole series of Succeeding Soveraigns , be not resolv'd all into the same Title ; I can tell them of not only an absurdity , but a plainlye would be the Consequence of such a position ; for then there must have been no Battels Fought after the Flood , no Ten Kings in one Chapter of the Testament , none of that long Catalogue of Egyptian Princes , and in truth at present but one Vniversal Monarch in the World ; tho that some Learned , and Laborious Heads do too industriously sometimes attempt to deduce from Scripture by the Almighty to have been once design'd , and Babel for the seat of such an Empire ; For it would be a great piece of Paradox indeed , and a greater of Impertinence to persuade such Seditious Authors , there was ever any thing of an Vniversal Empire design'd , that won't allow there was ever a particular one Establish'd ; That tell us no general revolts of a Nation can be call'd Rebellion , and then I am sure they must maintain , that there is no particular Supremacy , from which the generality of the Subjects can be said to Reble ; but Mr. Sidney borrow'd this pretty Position too from that pernicious piece that was publish'd about the Rights of Magistrates , for that tells us too , * That the Danes imprisoning their King Christien , to his dying day ; the Swedes rejecting their Sigismund , for his persisting in the Romish Religion , were no Rebels ; I confess their Monarchys admitting so much mixture of Democracy , may make the people there to have a greater power in publick Administrations ; but certainly cannot well extend to impower them to subvert the very publick Weal it self , which must be said to consist in the supream head of it , the King ; and tho they will seperate his Person , from that publick political Consideration , and say they may maintain the Monarchy , tho they depose such a particular King , this will not mend the matter , for those that have a power to reject ONE Prince , are as much empowr'd to refuse to Elect another ; and then the result of it must be this , that our Republicans will admit no more of a particular Empire then a Vniversal . In short , those that had but the least Inclinations to be Loyal , and did but Love , and like , an Establisht Monarchy ; that were not resolutely resolv'd to Rebel against the Light of Nature as well as the Resolution of the Laws , would soon see , and be satisfy'd of the Solid Reasonableness , the Innocent Truth of these three several Propositions I have so lately Labour'd in . First , that Primogeniture obtain'd by the Institution of the Almighty and his continued Approbation in the Bible ; both in Paternal discent and Regal ones ; and that the Laws and Practise of Nations have confirm'd it in both since ; and that home to our Doors . Secondly , that Paternal Right and Power , by the same Authority of the Almighty has been prefer'd , by the Laws of Nature Maintain'd , and by the Civil Sanctions of all Nations Confirm'd . Thirdly , that Monarchy or Kingly Government isso far of a Divine Institution , as it has receiv'd from God himself an ‖ Express approbation ; as it has been Intimated to us from the Worlds Creation ; and its first Regulated Establishment , as it is Constantly Visible from all the Phaenomenons of Vnalterable Nature ; and as it has been Continually transmitted to posterity by the special Appearances of providence for its preservation . And Last of all , let me but only subjoyn the Excellency of this truly ancient , venerable , and divine Form of Government , a Monarchy ; and then the many Mischiefs that attend the popular one , a Democracy ; and then let the most prejudic'd and partial person judge , not only which of the two has been always reputed most Eligible ; but which of them he himself would most affect to Chuse : Sir Walter Raleigh , as Learned an Head-piece perhaps of the last Age , as any that he hath left behind him in this , a Person rather prejudic'd against Monarchy ; than bigotted for it , no such Court-Favourite as the * Mercury makes of Salmasius , A Dirty Dissolute Parasite of Kings , and Pander of Tyranny ; this Learned ‖ Historian lets us know , That the first , the most ancient , the most general and most approved Government is that of one Ruling by just Laws call'd Monarchy ; and whatever wits our more modern Commonwealths-men pretend to be ; this Gentleman ; that was more sage than the wisest of them , does not make paternal Right such a ridiculous thing as they would represent it ; but tells us , that in the beginning the Fathers of Nations were then the Kings , and the Eldest of Families the Princes , and of such an Excellency is its Form , that it is the clear result of unprejudic'd Reason , and most agreeable to the sense and security of Mankind : For as the natural Intellect it self ( by which I mean bare humane understanding ) when , in the infancy of the World , people were guided more by their own Fancies , and the Paternal Power , which then was all the Regal , from the tenderness it might be suppos'd to have towards those that were their natural issues as well as their civil subjects , had indulg'd vice , and been less rigorous in Executing impartial Justice on Offenders ; whereby people were left more at Liberty , I say Nature then , and Necessity it self , made them find the Inconvenience even of too much Toleration ; and made even the most foolish fellows apprehend as well as the wise , that the Condition of reasonable men would be more miserable than that of brute beasts ; that an Inundation of Anarchy and Confusion , would overwhelm them more than the first Flood , Did they not , by a general Consent , submit to Government , and obey those that were set over them to Govern ? For they found that when they were most mighty to oppress , others might in time grow more so , and do them as much mischief : And those that were equal in their strength , found themselves equally dangerous and mischievous one to another ; and that the most unbounded Licenciousness prov'd always , to some or other , the most miserable Bondage and Slavery . And this natural Reason inclin'd them too to acquiesce under those Monarchical Forms , that were then the Government of the Times , and which the Israelites themselves desired in a more special manner , tho' they were forwarn'd of its Absoluteness , and told by Samuel , that it would be Tyranny it self : for the same necessity , convenience , reason , and natural instinct that persuaded them , to submit to Government in General , did also suggest to them the Excellency of Monarchy in Particular : For as by want of all Government , their reason told them they could not long possess any right , and that Liberty being only a License to do what they list , and so left nothing to be wrong : So the same reason suggested , that these their Rights were best defended , and soonest decided by some single Person , that was Supreme , than when a Multitude had the Supremacy ; for in that there being so many suffrages as there are men , accordingly there might be so many several interests and factions ; which must both hinder any sudden determination , as well as make the sentence liable to more partiality and injustice , when it is determin'd . This made the Senate of Rome so tedious always in its determinations , and the people as uneasie and unsatisfied in their Decrees : Their Praetores , Quaesitores , Judices Quaestionum & selecti , some of them having under them no * less than an hundred Commissioners , might be said to confound Causes instead of determining them . Their Agrarian Laws that were made for the Division of their Fields , most of them having been given by Romulus , and the rest of their Kings , resolv'd their rights to them with Justice and satisfaction to the people , while their Kings Reign'd that gave them , and were the sole Judges of their own Laws . But when they were confounded into a Commonwealth , and the Senate set themselves to decide the divisions of their Commons , and their Fields ; what Seditions , Confusions , and Unsettlement did they create ? So that the Reasonable presumption there is , of a more Equitable and speedy distribution of Justice from a single Sovereign , because suppos'd to be less prejudic'd , and less unable to be prevail'd upon by favour or affection , may very well be thought to have recommended at first , a Monarchical Form , & afford us now asmuch reason for the retaining it . In the next place , A King being a perpetual Heir to the Crown , insomuch that the Politick Laws suppose him never to dye , and when in a natural sense he does , the Crown still descends to his immediate Successor : This will make him 〈◊〉 to preserve the Rights of it inviolate , and perpetuate the same Prerogative to his Posterity : Whereas the people , in all their popular 〈◊〉 , administer only for years , or at most for Life ; and what should hinder them then from defrauding that Publick , whose Administration they must either soon quit , or at last leave to those to whom they no way relate . I allow in most such Communities , there is commonly special provisions made by their Laws , that an abusing that power , with which they are intrusted , or a robbing the Common-wealth of part of its Revenue , shall be punish'd with some grievous Fine , or perhaps made Capital ; for which the Romans had their several rules and regulations for their Magistrates and men in Office : But there being so many ways to be injurious to the Publick , that can so easily , by those that administer its affairs , be kept private and conceal'd ; it must certainly be concluded , that those that have an Hereditary Power of Publick Administration , as all Kings , and they alone have , that their Interest obliges them to preserve its rights inviolate , from an unwillingness , that nature it self will implant in them , to injure their own Sons , Successors and Posterity . Whereas the same Interest , which certainly is the most powerful Promoter either of good or evil , will incite Senators in a Commonwealth more industriously , more seriously to endeavour to serve them selves . It is the most prodigious piece of Paradox , to see some of our Seditious Republicans to rail at Ministers of State , and Mr. Sidney of all Men had the least reason to have reflected for his Sufferings upon those that sate on the Bench , with the rest of the Rabble of his Democraticks , who of late in these tumultuous times have talkt of nothing less than the punishing of those that held the Sword of Justice , threatned them with the Fates of Tresilians , Fulthorps , Belknaps , with the Gallows , Fines and Imprisonments ; whereas these two were only punisht in the Reign of a King , wherein they actually rebell'd and deposed their Prince ; but were they the worst of Men that officiated in Publick Administration under their King , such Republicans have the least reason to find fault , when always in their Usurpations the greatest Fools aswel as Knaves have been commonly preferr'd : What more Illiterate Blockheads did ever blemish a Bench than some of those that sate upon it in our Rebellion ? and for that consult the Tryal of Lilburn they Arraigned , where you 'l find a clamorous Souldier silence , and baffle them with his Books , and invert the Latin Aphorism in a litteral sense , by making the Gown yield to the Sword. And for their Villany , let Bradshaw alone : And for that only be the best of Presidents . The very Beggars and Bankrupts of the Times , that bawl'd most for Property , when they had hardly any to a penny or a pin , were set up to dispose of the peoples Fortunes and Estates . Princes , as they are above all Men , so generally make those their Ministers that excel others in Desert or Vertue , because their persons are to be represented by them : And they may aswel imagine a King would croud his Courts with Clowns , to shew his Magnificence , as fill his Judicatories with Fools or Knaves to distribute his Justice . 'T is enough for an Oceana , an Oliver , or a Common-wealth to set up such ridiculous Officers ; Brutes beneath the Ass in the Apologue , that will not so much as be reverenced for the Image they bear : but even the best of Common Men , whenthey are rais'd to some supreme Government , prove like Beggars on Horse-back , unable to hold the Reins , or riding off their necks ; the wisest , in their own ordinary administrations , prove but foolish Phaetons when they are got into the Chariot , set all in combustion and confusion : The not being born to Govern , or educated under the Administrations of a state , makes them either meanly submissive in the midst of their Grandeur , or insolently proud of their Office , which renders them as ridiculously Great ; whereas Princes from an Hereditary VERTUE , ( that consists alway in a MEAN ) or their nobler Education that instructs them in the Mode , preserves them too from running into the sordid absurdities of such Extremes . Many of such like preferable Conveniences might be reckoned up , that make a Commonwealth less Eligible ; but for Confirmation of it , it is better to have recourse to matter of Fact : When did their Rome ever flourish more than under the Government of their Kings ? by that it was * Founded , by that it was most Victorious , and with that it alway fell . Romulus himself first gave them their Religion and their † God , as well as the Government ; and , with the assistance of his Numa , brought them to observe some Ceremonies which the Trojans had taught them ; under whom did their City Triumph more , both in fame , riches , tranquility and ease , than under the Empire of Augustus ? And one would think that when the Controversie upon his coming to the Crown was then in Debate , it should have been decided by the two famous Wits of their time , in their Dialogue , Maecenas and Agrippa : It was submitted to their determinations , and we see what was the result , A MONARCHY . And that preferency of this most excellent Institution themselves most evidenced , when upon all Exigencies and Difficulties they were forc'd to have recourse to a Dictator , whom all Writers agree to have differ'd only from a King in the sound of his Name , and the duration of his Office , the very Definition ‖ of his Name implying , that all were bound to obey his Edicts : he had his Magister Equitum , an Officer , in effect the same with the Praefectus Vrbis , which under their King was his Mayor . And after that rash Rebellion of theirs against Royal Government , after so many Revolutions of Tribunes , Triumvirs , Quaestors , AEdils , Praefects , Praetors and Consuls , were never at rest or quiet , 'till they were setled again in their Caesars . Themselves know best , what the Sedition of Sylla and Marius cost them , how many lives of Consuls and Senators , besides the blood of the Commons : Let them consult Plutarch , and see the bloody Scene of Butchery and Murder . Pray tell me , mighty Murmurers ! in which was your Rome most bless'd , or suffer'd least , with the bloody War between Caesar and Pompey , or the settlement of it in Julius himself ? Did it not bleed and languish as much with the Civil Wars of Augustus , Antony and Lepidus , as it flourish'd when reduc'd to the only Government of Octavius ? And would it not have been much better , had those succeeding Emperors been all Hereditary , when we find , that for the most , the Multitude and Soldiers were the makers and setters up of the bad , and the destroyers and murderers of the best ? 'T is too much to tell you the story of our own Chronicles , as well as their Annals , how happy our Land was for a long time in a Lineal Descent of Hereditary Kings , how miserably curst in the Commonwealth of England , what blood it cost to establish it , what Misery and Confusion it brought us , when unhappily establish'd ? And as an Argument that the Romans flourish'd most under those Emperors , see with what Veneration their Imperial Sanctions speak of their power ; they make it * Sacriledg to disobey it ; they made the very memory of those that committed Treason against them to be rooted out , the very ‖ Thought of it they punish'd with as much severity as the Commission ; all his Children , Servants , and whole Family were punish'd , though unknowing of the Crime . They punish'd those with the same severity that Conspired against any Minister of State , because relating to the Imperial Body , and that if they did but think of destroying them ; and even those that were found but the movers of † Sedition were Gibbeted or Condemned to their Beasts . And as those Laws made all the Sanctions of all Princes Sacred and Divine , so do our * own declare the King capable of all Spiritual Jurisdiction , in being Anointed with Sacred Oyl ; by which they give him all power in Ecclesiasticals too , to render his Person the more Venerable , and call the † Lands of the King like the Patrimony of the Church , Sacred : Prince and Priest were of old terms Synonimous , and signified the same thing . The Jews and Egyptians had no Kings but what exercised the Offices for a long time , of the Priesthood too , with which they then alone made the Monarchy mixt ; and of this even * Justin can tell us in one of his Books : And for making their Monarchy more Divine , did Romulus and Numa , the Founder of their Religion as well as of Rome , Officiate in it sometimes too . So much did the Fathers of old prefer Monarchy to a Popular Government , that Sir Walter Rawleigh tells us of the saying of St. Chrysostom , that recommended even a Tyrant before no King at all ; and that is 〈◊〉 with a Sentence of Tacitus , who tells us , If the Prince be never so wicked , yet still better than none : And for that of a Commonwealth , it was as bravely said by Agesilaus to a Citizen of Sparta , discoursing about Government , That such a one , as a common Cobler would disdain in his House and Family , was very unfit to Govern a Kingdom . In short , all the Presidents that Mr. Sidney has given us , of the Romans driving out their Tarquins , of the French rejecting the Race of Pharamond , of the Revolt of the Low-Countries from Spain , of the Scots killing James the Third , and Deposing Queen Mary , are all absolute Rebellions , were ever Recorded so in History , and will be Condemned for such by all Ages . He should have mention'd for once too , the murder of our Martyr'd Sovereign , for to be sure he had the same sense of that upon which he was to have sate . But if any thing can recommend their Commonwealth , it must be only this , That it cannot be so soon dispatch'd , it being a Monster with many Heads ; to which Nero's Wish would not be so cruel , That it had but one neck , to be cut off at a blow . The clamour this Republican made against Monarchs in general , was , whatever he suggests , appli'd to our own in particular , when he tells in the very same Page , of the Power of the People of England ; and though he exclaims , and all others do , against this Arbitrary Power of Kings , 't is certain themselves would make the People as Arbitrary : The Question is not , whether there shall be an Arbitrary Power , but the Dispute is who shall have it , there never was , nor ever can be a People govern'd without a Power of making Laws , and that Power ( so long as consonant to reason ) must be Arbitrary , for to make Laws , by Laws ; is Nonsense . These Republicans , by confession , would fix it in many , and the Multitude ; in Aristocracy 't is fix'd in a few , and therefore in a Monarchy must be setl'd in ONE . CHAP. VI. Remarks upon their Plots and Conspiracies . AND now that they may not think I have foully Libell'd them in a Mis-representation of the dangerous Principles of their Republicans , I 'll be so fair as to prove upon them too , the natural product of their own Notions ; and that is , the Plots of the same Villains assoon as they have been pleas'd to set up for Rebels . And these will appear from Chronicle and History , the Records of Time , and the best Tryers of Truth ; these will not be falsified with Reflection , but be founded upon matter of Fact : And of these , this will fall in our way as the first . About the Year 1559 , there was promoted in France , a Plot and Conspiracy against their King , and that founded upon the same pretext ; so many of ours have been of late in England , that is , Religion , but truly fomented by what has been always the spring , the very fountain of Blood and Rebellion , discontent and disgust toward the Government : For upon the death of Henry the Second , and the Succession of Francis his eldest Son to the Throne , the Princes of the House of Bourbon , thinking themselves neglected and despised , thrust out of Office and Employment at Court , and finding the Family of the Guises still prefer'd , whom they always as mortally hated , resolved to revenge themselves upon the Crown , ( that is ) to turn Rebels . Of these Vendosme and Conde were the principal Engagers , and drew in the two Castillions , the * Admiral and his Brother , who for the removal of the Duke De Montmorency , their relation from that Court , to which he had prefer'd them , were as full also of resentment against the Crown , as those that came to engage them with an invitation to invade it ; and after all their several seditious Assemblies , after all the many Meetings they had made , after all the Treasonable Consultations they had held , no design was look'd upon by them more likely to prove effectual , than the making themselves Head of the Hugenots . And so hot were they upon this Project , the pursuit of another kind of Holy War , ( that among our modern Crusadoes has been nothing else but a Religious Rebellion ) that notwithstanding the coldness of the King of Navarr , they drew in most of the Protesting part of France to be truly Rebels , for the sake of their Seducers , while they made them believe they had only engag'd themselves to fight for the Religion of those they had so wickedly seduc'd : And so conducing then were the principles of a Republick to a Rebellions Plot , that one † 〈◊〉 that was forc'd to turn Renegado to his Country , for Misdemeanors committed in it , and fled to Geneva , as a Sanctuary for Sedition , after he had lurk'd there like a concealed Criminal abroad ; upon his Return sets up for an open Rebellion at Home , after he had layn so long in the lake , the sink of Democracy ; you may be sure was well instructed how to resist a Monarch . He soon blows the coals that could easily keep up the Blood of the warm Princes that was already set so well a boyling : Him they pitch upon as the fittest tool to work out their design ; and in my conscience , coming from that Common-wealth , the Statsemen judged not amiss , when they took him for an able Artist . With his help , and their own , it went so far , that Moneys , Men and Amunition was provided ; and a Petition drawn for a Toleration of Religion , though indeed but a Treacherous vell to cover their Intended Treason , which was to seize upon the Young King , upon his denyal of what they knew he would not grant ; surprize the Queen that still opposed them ; and put the Guises to the Sword , whom she favoured . But the Court being advised of the Conspiracy , had retired to the Castle of Amboise ; and so far did they prosecute their Plot , that their Petitioners were admitted into it , though their Arm'd Accomplices that were without , were compelled to fight for their Lives ; which Renaudie , with the rest of the Ring-leaders of them lost ; and the Rabble to save theirs , was forc'd to fly . * This was the praeliminary Plot , and an unhappy prelude to a long and bloody Civil War , fomented first by the fury of a Faction that set up for Rebels ; only because not favoured ( as they thought ) sufficiently by the Court , and then seconded even to an Assaulting of the Crown in the Siege of Paris , and almost the Subversion of the Monarchy , as some Learned Historians surmise , from the secret Emissaries of the Republick of Geneva . I need not touch on the particulars in which the fatal War at last was forc'd to terminate ; 't is too much to tell you 't was in a torrent of Blood : And what was worse , that of most of the Protestants , whom a transported Faction First engag'd to fight for Religion , when their own real Quarrel was only a revengeful resentment against the Court , and the Crown ; and whom a Holy Common-wealth , the Republick of Geneva , still animated against the Kingdom of France . It was upon the Preaching up of these principles by their * Professors at Hydelberg , and their Inculcating that old Aphorism of Trajan , when he bid his Centurion draw his Sword in his Defence , * if he Governed well ; but if ill , then Against him : A saying that is Registred in every Piece that I have yet seen publisht by a Republican ; as if in it were founded their very Bottom and Basis of all Rebellion . Building upon these Positions , and the dangerous Doctrines of Democraticks , the Divines of Germany Invited the Palatine Princes , and others of the Empire , to promote the Rebellion in France ; and Casimir , second Son of the Elector , was sent to accompany Conde into that Country . Instigated by these principles , in Suevia and Franconia , † forty thousand Peasants took Arms , under Muncer their Leader ; Rebell'd against the Princes of the Empire , who were forc'd to raise all the Force they could to suppress them , they were so bigotted , as to refuse Pardon when offered ; but in the Battel were Beaten ; five thousand six hundred Slain ; their Captain fled , but being found out , was Beheaded . In the Year 1535 , John of Leyden , a pitiful Taylor , possest with such Seditious positions , had got together such a party of People , that at last they possest them of part of the strong City of Munster , set up Senators of his Sect , taught the People to put down the Magistrates , and establish New Common-wealths ; they burnt Churches , spoil'd the Suburbs , till the Bishop they Banisht , Besieged them , forc'd an entrance by Assault , took the Leaders , and hung them in Iron Cages on the City Towers . From these Doctrines were the flames of Civil War kindled in Flanders , and Tumults and Disorders their daily practice ; for at Valenciennes they would commonly rescue the Prisoners of the State , when condemned to dye by Legal process ; force the Officers to fly for their preservation ; and with a number of two thousand break open the Doors of their Common Goal , knock off the Shackles of those that were in it , and so send them to their several Dwellings . The like happen'd at Antwerp , upon the Execution of one Fabricius a Priest. From these principles it was , that about the Year 1565 , that these Hollanders , 9 of their protesting Lords , not at all Officers of State , conven'd at Breda , drew up a form of an Association , which they call'd too , their Covenant ( and what has been since so well copy'd by our English Rebells ) which they all Subscrib'd , and sent about by their Emissaries , through all the several Provinces for Subscription . And as from these Principles , these Tumults and Disorders ; Leagues and Covenants were created in the Low Countries : So followed also from them , an entire Defection from the Crown of Spain , and a Rebellious Revolt of the United Netherlands . For though Mr. † Sidney would impute it only to the Tyranny of the Duke of Alva ; yet by his leave they were in Rebellion before ever he was sent , and perhaps was therefore design'd for the reducing them to Obedience , because of his austerity and cruel disposition ; for Rebells that resolve commonly to shew no Mercy , are not reducible to their Allegiance , but with as much severity , I will grant them , that by this Rebellion they laid the foundation for the flourishing of the Protestant Religion in their new erected Common-wealth : Nay , and will pray that it may long there flourish , as well as under our own Monarchy at Home . But yet I cannot find from all the Divinity of the Bible , or the Schools , that Blood and Treason , Murder and Sacrilege ( all which were the result of that Defection ) could be sanctified into the doing God good Service , or for the sake of his Gospel ; nay , though it were for an Apostatizing from Paganism it self , which my Charity will not permit me ( though some Peoples fury may transport them ) to bring it in competition with Popery , and the Professors of the same God and Saviour . That the Protestant Religion is a promoter of such Seditious practises , none but besotted Pagans , or bigotted Papists will assert . But why in France , and these Parts of the Netherlands , by such Sedition it was promoted , my little reason will resolve into nothing less , but that in those Parts it was chiefly propagated by the Emissaries of Geneva , a pure and perfect Republick ; who , at the same time they infused the principles of a sound Religion , insinuated too the positions of their Seditious Politicks , and mingl'd Poyson , not with common Meat , but their very spiritual Food : For Luther sure will be allowed the Name of a Reformer , as wel as , and before Mr. Calvin ; and yet we see the Protestant Religigion flourisht under his way of propagating it , without any Rebelling for it , unless from that See of Rome , from which it wisely Reformed . It was that very thing endear'd it to the Princes of the Empire ; and I believe reconcil'd them to receive it the sooner , when they found nothing in it of the positions of a * Mariana , and the principles of a Society of Seditious Jesuites , that could subject the Civil Government so much to the Ecclesiastical , as to make an Excommunicated Prince , like a Branded Cain , to be killed by every one he met ; or the Doctrine of our too severe Calvinists , that can make every Town a Lacedaemon ; set up their Ephori , even in every Monarchy , and make all Kings accountable to their People . And this will appear somewhat probable from the next Historical Account we have of the effects of the principles of these Democraticks , which is in that of Knox of Scotland , a Fellow as Factious and Seditious , as Humane thought can Imagine , or his own heart could have wisht ; a Fellow that had the Misfortune ( which he call'd Happiness ) to carry War and Confusion wherever he went. We had several Protestants of our own Nation , fled from a real Persecution of our bigotted Queen , to * Frankfort , a Town in Germany , and there lived quietly , with submission toward the Supream Magistrate , till this Geneva Gentleman no sooner arrived , but he sets all in Combustion ; is accused of High Treason toward the Emperor , for comparing him in Print ( in some of Mr. Sidney's Similitudes ) to a Tarquin , Nero , Caligula ; for which he was forc'd to fly the Town , and Post away ; to what could only bear with as well as breed such Vermin , the Lake or their Commonwealth of Italy . Aboutthe Year 1558 , the Queen Regent of Scotland , when the Reformation was but in the beginning , as a special Act of Favour , for so it must be call'd , because then , not only contrary to her own Religion , but the Law of the Land , allow'd the Congregators ( which were Conventiclers then too , as well as now , because the general Worship establisht , was not theirs ) the Bible in their own Language . But they no way contented with an Act of Grace from the Crown , and Instigated by this Incendiary ; this Scandal of the Reformation , Knox , that had taught them , they might Demand with their Swords , what was deny'd them by Law ; fell a reviling her , even for such a signal favour ; and when she sent for some of the more furious of the Faction , they came all , attended with a multitude of Favourites and Force , that for her Preservation she was compell'd to Command them to depart : And the best of Governors might well fear the worst from such an audacious Assembly : but this was so much the more offensive to them , only because they were Commanded to offend her less , that they throng'd into her Privy Chamber , threatned her with their Arms , till she was constrained to pleasure them against Law. And as they then menac'd a Force , so they afterward made it good with as much violence ; for away they went , pulling down Monasteries , and * Churches ; and seconding their Sedition with what could only succeed it , Sacrilege , that is , from Traytors to their Soveraign , to be Rebels to their God. And this by that Sanctified Beast , that invited them to debase themselves to Brutes , to be divested of Humanity , was call'd , a Purging of the Temple ; as if our Saviour Christ had countenanced an Extirpation of the Religion of some Christians : But though the Queen at last granted them the free and publick exercise of their Religion ; though at last she only begg'd the private use of her own , that was by such Seditious Subjects , thought a boon too great to be begg'd , by their Soveraign ; they Protest against it , Preach against it , Print against it , and Assault her House of Worship ; break the Wax Candles , with the Windows of her Chappel ; force their Queen Regent to fly to Dunbar , and then as fairly Depos'd her for being fled ; though at the same time they profest against her Deposition . And if we 'll believe a Loyal , and Learned * Author , they proceeded so far in their petulant piece of Reformation , that they Religiously Reform'd the very Petticoats of the Queen , and the Ladies of the Court , which they look'd upon as too fine for the plainness or simplicity of the Kirk : How near our present Pretenders , that have taken Arms for the Protestant Religion , will tread in the steps of their Reforming Predecessors , must be Collected from the Precedents they give us of their being but Implacable Republicans ; especially when we have nothing now to be Reform'd 〈◊〉 what they deny'd to the Grandmother of our present Soveraign , that their King himself shall not be 〈◊〉 to exercise by himself the Religion he professes , at the same time he Protests to defend all his Subjects in the establish'd Profession of theirs . The Actions of the late Rebel Scot , of the last Age , they say , squinted like their Argyle that headed them , working one way , when they profest to design another ; and they might have had as much reason to distrust the Promises of his late Declaration , the Sincerity of his Son , that succeeded him , even in a Rebellion . In the Year 1565 , when the Queen of Scots was married to Henry Stewart Lord Darnly , The Rebel-Lords instigated from the Preachings and Principles of this Knox , the Ferguson of his Age , who rail'd at the Government , and reflected upon the King ; betook themselves to Arms , and brake into open Rebellion : Lord Darnly , upon this Match being proclaim'd King , marcht against the Rebels , who fled into England ; and though through Intercession this Rebellious Business was Reconcil'd , yet within two Years after , the King was barbarously Butcher'd and Dispatcht ; but by whom , because their Historians do not agree in it , can be only best determined by Conjecture ; and must probably lye at their Doors that could Rebel against their Sovereign in an open War , and then ( sure ) as likely to set upon Him in a secret Affassination ; especially when their Principles instructed them in both ; and their Preachers had made the Murder of their King , an Oblation to their God : And besides , when they rebell'd also against Bothwell , the Queens second Husband too , as well as the first ; whom they forc'd to fly into Denmark ; seiz'd on the forsaken Queen ; secur'd her in an * Island ; compell'd her to resign her Crown ; and if we 'll credit an Authentick * Historian , were not so well satisfied with her Resignation of her Sovereignty , but that they consulted too to deprive her of her Life ; and very likely to have prevented her loving Cousin Elizabeth in England . Upon the same Principles the same Seditious Daemocraticks proceeded against her Son and Successor , that was after ward our own Sovereign , K. James , then a young Prince about 12 Years old , whom they † seiz'd at Ruthen , carried in Triumph and Constraint to Edenburgh ; from which he was forc'd to contrive an Escape , which he made by the Means of Collonel Stewart a Captain of his Guards ; but shortly afterward * ( incited by the Seditious Insinuations of their Geneva Principles brought them home fresh , hot , and reeking with Blood and Rebellion ; by one Melvill that had come from thence but a few years before , to supply not only Knox's stock of treasonable Positions , but to succeed him in his Place of an implacable Incendiary , his Predecessor expiring a Year or two before he came over ) by this Factious Fellow 's and his Associates Seducements ; did I say , shortly after the Earl of Gowry , conspire against the King and break out into an open Rebellion , which he deservedly suffered for , with the loss of his Head. Then is this succeeded by Bothwells Rebellion ; who had contriv'd to seize the King at Halyrood-House , but unsuccessful forc'd to fly , and returning better assisted , the second time effected , what only he design'd at first : But the King escaping to Sterling , Bothwell is pronounced a Rebel by the States , but yet is so well befriended by these Disturbers of all Kingly Government , that they gave him the very Moneys they had collected for their beloved Brethren in the Republick of Geneva ; by which , with other Assistances , they enabled him to fight his King in the Field . Then is that succeeded with a second of the Gowry's , the Son of him that rebell'd before , where they contriv'd to get the King to dine in their House at Perth , seduc'd him up into some higher Chamber , and there left him to the mercy of an Executioner , from which his Cry , and the timely Assistance of his Servants only rescued Him. These were the Confusions , Distractions , and even Subversions of some States that were occasion'd by the restlesness of Implacable Republicans , Emissaries of Geneva , throughout France , Flanders , Scotland , and Germany : You shall see now in the next place what disturbances they have created us here in our own Isle , what Plots and Conspiracies their Principles have promoted in England , as if in that expostulatory † Verse of Virgil , there was no Region upon Earth but what must be fill'd with their diffusive and elaborate Sedition . Queen Elizabeth was no sooner setl'd in her Throne , but they as seditiously endeavour'd to subvert it ; They libell'd her Person , set their Zealots tumultuously to meet in the Night , invading Churches , defacing Monuments , and so full at last of the Rebellious Insolencies of that Italian Republick , to which they commonly repair'd to receive Instruction , that her Majesty thought fit to hang up Hacket , with a half dozen more of them , as dangerous Subjects to her Sovereign Crown and Dignity . † When King James , who succeeded her , came to our Crown , did these Malecontents that had molested him so much in Scotland , disturb his Government here too , as much . Melvil , that Northern Incendiary , was as busie with his Accomplices here too , to set Fire to Church and State , and for that purpose publish'd several Libels against both ; for which ( being then at London ) he was sent to the Tower : And so far had those darling Daemagogues insinuated themselves , that the Hydra of a Popular Faction began to shew its fearful Faces , in the very first Parliament of his Reign , though * in that they had so fully formerly recogniz'd his Right : For in some of those several Sessions of which that consisted , one of the Seditious Senators had the Confidence to affirm in the open Assembly , † That the giving the King Moneys might empower him to the cutting the Members Throats ; an Insolency that some of our Modern Mutineers upon the same Occasions have * as seditiously express'd . King James Dissolv'd that Parliament , call'd another , and that as Refractory as the former , which instead of answering the Kings Request , draw up their own in a Remonstrance , † second it with a Protestation for Priviledges ; representation of Religion and Popery , intermedling with his Match of Spain , and several Affairs of State ; so that he was forc'd to dissolve that Politick Body too , and soon after suffer'd a Dissolution of his own Natural one , dying under the Infirmities of Old Age , and leaving behind him an old Monarchy rather weakned with Innovations of Republicans , with the worst of Legacies to his Son and Successor ; A discontented People , an Empty Purse , with a Costly War , into which he was not so much engag'd , as betray'd . And now we are arriv'd to what all the Stirs and Tumults of our Seditious Souls , our discontented Daemocraticks in the Reign of King James , did aim at and design , the Destruction of the Monarchy , which they could not accomplish till this of King Charles , in that they never left till they laid such a Plot , that at last laid all the Land in Blood , and made an whole Kingdom an Akeldama : For that they first quarrell'd at the Formality of his Coronation , because in the Sacred Part of it , the Prayer for giving him Peter's Key , was first added : This some silly Sots suggested to savour of Popery tho' , it struck purposely at the very Popes Supremacy it self . For that they begun to Tax their King for taking his Tonnage without an Act , and yet refus'd to pass one , that he might take it by Law , unless he would accept of it in Derogation of his Royal Prerogative , for Years , or precariously , during the Pleasure of the Two Houses , when most of his Ancestors enjoy'd it for life . Turner and Coke led up the dance to Sedition , and reflect upon their King in their Speeches : The Commons command his Secretary Office and Signet to be searcht , and might as well have rifled his Cabinets too : They clamour against his favouring of Seminary Priests , tho' he had sent home the very Domesticks of the Queen , and that even to a disgust to France , and a rupture with that Crown : They upbraid him for dissolving Parliaments , tho' grown so insolent , as to keep out the Black-Rod , when he came to call them to be Dissolv'd , tho' their King ( notwithstanding the provocations ) assembled another assoon , and that tho' he had the fresh President of the then King of France , That had laid aside his for a less presumption : Thus they call'd all his Miseries and Misfortunes , Misgovernments and Faults , when themselves had made him both faulty and unfortunate . They accuse him for favouring the Irish Rebellion , tho' the first disorders in Dublin were , by his diligence , so vigorously supprest ; their Goods confiscated , their Lands seiz'd , their Persons imprisoned , and such severities shew'd them by his Commissioners there , that two Priests hang'dthemselves , to prevent what they call'd a Persecution . The Scot Mutinies , upon the King 's restoring the Lands to the Church , of which , but in the minority of his Father , it had been robb'd ; assail the Ministers in the Church , in the very administration of the Sacrament , because according to the Service-Book : Protest against their King's Proclamations ; set up their four Tables at Edenburgh ( that is ) their own Councils in opposition to their King 's : Hamilton had promised them as Commissioner to convene an Assembly ; they come and call a Parliament by themselves ; which , tho' dissolv'd , they protest shall sit still , then desperate in a Sedition , break out into open War , Invite Commanders from abroad , seize Castles at home , agree to Articles of Pacification ; and then break all with as much Perjury . Lowden their Commissioner sent to propose Peace : At the same time treats with the French Ambassadour for War ; bring their Army into Northumberland and Durham , and prey upon those Counties they had promised to protect ; while the Parliament at London will not give their King leave , or the Citizens lend a penny for opposing those that came to pull him out of his Throne . At the Treaty of Rippon , they quarrel with their King for calling them Rebels , that had invaded his Realm ; the Commissioners of the Scots conspire with the English , who then fall upon Impeaching his Privy Counsellers ; and the unfortunate Strafford suffers first , because so ready to Impeach some of them ; and they make that Treason in a Subject , against the King , which was heard , known and commanded by the Soveraign . Then follows Lawd , a Loyal , Learned Prelate , and that only for defending his Church from Faction and Folly : As they posted the Straffordians , and repair'd in Tumults to their King , for the Head of that Minister of State ; so Pennington with his pack of Aprentices , petition'd against the Bishops and the Pillars of the Church : Then Starchamber must down , High Commission be abolisht : Forest bounds limited , yet all too little to please , when the Irish Rebellion followed , to which the Scots had led the Dance ; no Moneys to be levied in England for suppressing it , till the King had disclaim'd his power of Pressing Soulders , and so disarm'd himself ; that is , he was not to fight for his defence , till they had disabl'd him for Victory : They quarrel with him , because he would not divide among them the Lands of the Irish before they were quell'd and subdued , at the same time they had quite incapacitated him to Conquer and Subdue them . Then Acts must be past for Annual , Triennial , and at last , perpetual Parliaments : And whereas the Law says , The King never Dies , they made themselves all Dictators more Immortal : They were summon'd in November , and by the time that they had sate , to May , they had made of a Mighty Monarch , a meer precarious Prince : And in August following , supposing he had sufficiently oblig'd the most Seditious Subjects ( which I think he might Imagine , when he had made himself no King ) he sets out for Scotland , to satisfie them as much there , while the Senate of Sedition , that he left to sit behind him , resolv'd it self into a sort of Committee of Conspiracy , and that of almost the whole House ; made a Cabal among themselves , to to cast off the Monarchy , which the Knaves foresaw could not be done but by the Sword , and therefore cunningly agreed to second one another , for the putting the Kingdom into a posture of Defence against those dangers abroad , , which they themseves should think fit to feign and fancy at home . To carry on their Plot against the Bishops , they put in all probability that lewd Leighton , upon writing of his Plea , which was , Bring out those Enemies and slay them before him ; to smite those Hazaels under the fifth Rib : For which in the Starchamber he was Fin'd and Imprison'd ; but for his Sufferings , and the Dedication of his Book to the Commons , they Vote him Ten thousand pound . Upon the Kings return from his Northern Expedition , which was to procure Peace only with a shew of War , they having had a competent time for Combination and Plot , were arriv'd to that exalted Impudence ; that notwithstanding he was received with Acclamations from all the common People of the Kingdom , the People whom they were bound to represent , the welcome from his Parliament was to present him with Remonstrances ; and Petitions ( which against his very express order they Printed and Publisht ) of such sort of Grievances ; that sufficiently declared they were griev'd at nothing more than his being their King. They put upon his Account the thirty thousand pounds they had pay'd the Scots , for Invading England ; that is , they gave them the Moneys for Fighting of their King ; and then would have had the King paid his own Subjects for having against him so bravely Fought : They should for once too have made him responsible , and his Majesty their Debtor for the two hundred thousand pounds they paid the same Fellows at Newark to be gone , whom with their thirty thousand pounds they had invited in before : They should have made the King pay for his own purchase , and answerable for the Price the Parliament had set upon his Head. This seem'd such an unconscionable fort of Impudence , that their hearts must needs have been Brass , and seer'd as well as their Foreheads in offering it : An Impudence that none but such an Assembly were capable of : Impudence , the Diana of these Beasts of Ephesus , the Goddess of all such designing Democraticks * that to be somewhat , in the true sense of the Satyrist , must defie a Dungeon . These their Petitions they seconded with Tumult and Insurection ; sent the Justices of Peace to the Tower , only for endeavouring to suppress these Forerunners of a Civil War , when they had taken the Liberty to Impeach some of the King 's best Subjects for Traytors , yet deny'd their Soveraign to demand their Members that had committed High Treason . About the twenty eighth of January , 1641 , they humbly desire the Soveraignty ; and their Petition that BEGUN , Most Gracious Soveraign ; ENDED only in this , Make us your Lords ; for they 1st . demand the Tower of London . 2ly . All other Forts . 3ly . The Militia ; and they should have put in the Crown too . The stupid Sots had not the sense to consider , or else the resolv'd blindness , that they would not see , that those that have the power of the Army must be no longer Subjects , but the Supream power : The King , you may be sure , was not very willing to make himself none , and might well deny the deposing of himself , tho' he after consented , even to this for a time ; but what he would not grant with an Act , they seiz'd with an Ordinance ; and though they took the Militia , which was none of theirs , by Force and Arms , yet Voted against their King's Commission of Array that was settled upon him by Law ; they force him to fly to the Field , and then Vote it a Deserting the Parliament ; they necessitate him to set up his Standard at Nottingham , and then call it a Levying War ; they Impeach nine Lords for following their King , and yet had so much nonsense , as to call them Delinquents , which the * Law says none are but what adhere to his Enemies : they send out their General , fight their King , and after various events of War , force him to fly to the perjur'd Scot , to whom they had paid an hundred thousand pounds to come in , and were glad to give two to get out ; and for that they got the King into the bargain : An Act of the Scot that was compounded of all the sublimated Vices that the Register of Sins , or Catalogue of Villanies can afford ; feigned Religion , forc'd Hypocrisie , Falshood , Folly , Covetousness , Cowardize , Perjury and Treason ; for upon his refusal to Sign their Proposals , they tell him the defence of his Person in the Covenant , must be understood only as it relates to the safety of the Kingdom ; and upon the English profering them the Moneys , they wou'd prettily perswade him , that the promise their Army made him for his preservation , could not be kept ; because the Souldiers and the Army were different things , and the Army might promise what the Souldiers might refuse , and were unwilling to perform . But this purchase of their double Perjury was punisht with as much perfidiousness ; their Army got into their hands for nothing ; the poor Prince , the Parliament thought they paid for too dear : And as that Seditious Senate sought their Soveraign in the Name of King and Parliament , so now the Souldiers of Fairsax set themselves to fight the Senate , for the sake ( forsooth ) of the Parliament and Army : Good God! Just Heavens ! that could visit such Vipers , such Villains , in the same villany they committed ; and make such Seditious Hypocrites suffer by as much Treason and Hypocrisie . Their Agitators menace the King with Death and Deposition ; they make him their Prisoner ; move in the House their non-addresses ; make it Treason to confer with their King ; set up an Ordinance for his Tryal , and there Sentence , that against which Treason could only be committed as a Traytor to the State. And here then , With what face can the Faction justify such a Barbarous Rebellion , or accuse their King for the beginning of the War ? Yet such a sort of Seditious Democraticks does our Land afford : * Sidney says , Such a general revolt of the Subjects can not be call'd a Rebellion : And † Plato , Our Parliament never did as they pretended make War upon the King. Till such persuasions are rooted up out of their Rebellious hearts as well as they are in them , no Prince under the Heavens can protect himself from such resolute Rebels as will destroy all Subjection in the World , and make the blackest Treason our own Civil War but a prudential act of State , and even of Loyalty it self ; the * rescuing the King only out of those Mens hands that led him from his Parliament : But do not they tell us even by his own concession in one of their Votes , That it was the King that was seduc'd ; and must it not be the King too that they would reduce ; and by what means , why therefore they say they take up Arms ; and did they design to command their Bullets and Ball not to meddle with the King that was only seduc'd , but only to take off the evill Counsellors that were his Seducers ? I confess , could they have promis'd his Majesty so much , he might have took them for good Gunners , but must still have believ'd them bad Subjects that would have put it to the venture : But with this Gentleman it seems it was a sort of proclaimed War of the King 's , to take that * unfortunate resolution of seizing the five Members : Most Factious Fool ! did the King rebell against his Subjects , only when he came to seize actual Rebels , whom himself desired only to be Try'd for Treason , and that of the deepest dye ; for inviting in a Forreign Foe , the Scots , must not the Parliament without the King be the Supream power , if the King can be said to Rebel against the Parliament ? but this Republican that expresly makes them * Co-ordinate , may as well call them Supream ; for these Gentlemen paid off the King for his unfortunate resolution , and declare that his coming to their House was High Treason : And well might the King shift for himself , when they had made his Majesty reside in the House of Commons . Prethee for thy senses sake , who levy'd War first ? those that seiz'd upon the King's Forts , Magazines , Towns , Ships and Revenues , levy'd Soldiers ; or the King that had nothing of Military left him but the power , and not a single Company of Horse or Foot that he had rais'd : It was the twentieth of October , 1641. they brought the Trainbands into the Palace Yard , to protect themselves ; that is , to terrify their King : It was the eighth of January , 1641. that forty thousand of the Inhabitants of London put themselves in Arms , to fight fifteen hundred of the King's Horse , that were to come and surprize the City ; the one were actually Arm'd , the other never came or design'd to come : They riggout the Navy on March the 2d . the King's Militia is seiz'd , and new Lieutenants set by their Ordinance , the 〈◊〉 of March , 1641. and on the twenty third of April they deny'd him entrance into his own Garrison at Hull ; the tenth of May the Citizens are Mustering twelve thousand Men in Finsbury Fields ; the King does not summon his Yorkshire Gentlemen till the twelfth of May ; did not grant out his Commission of Array till the twentieth of June , when they had sent out their Orders and Proposals for Men and Horse , Money and Arms , the tenth ; did not set up his Standard at Nottingham till after the twelfth of August , when their Parliament had rais'd their Army the seventh of July : And this Vote of their King 's being seduc'd by wicked Counsel , from which this Sediious Daemagogue would infer the King declared to them War before , was made on the twentieth of May , which was after they had seiz'd his Forts and Militia , his Shipping and Navy , and Muster'd their Citizens in the Field . And a Month before the King sent out his Commissions of Array , and above two Months before his Standard was set up . That this is exactly truth , Consult even the Exact Collection : And whether this Seditious assertion be not a Devilish lye ; but your own Breast : And as they begun this War of Weapons in their House , so they did that of Words too ; and invading the Prerogative before the least breach of Priviledge . One * Turner a Physician , under a pretence of reflecting on Buckingham , abuses the best of Kings : Cook , amongst other Invectives , says openly , It was better to dye by a Forreign Foe , than be destroyed at home . These were but preludes to the Liberty the licentious Villains took afterward , when Martin declared to the House , * That the King's Office was forfitable ; when † Sir Henry Ludlow said to the same effect , That his Majesty was not worthy to be King of England : And Prideaux was at last come to make his Speech there , for Abandoning Monarchy ; it was so early too that they were so forward to Usurp upon the Crown , that even in this Year , 1625. they offer'd to search the King's Signet Office , and examin'd the Letters of his Secretary of State ; all this was offer'd at in the very first Parliament that he summon'd , all of which the King complain'd to them of by * Finch then the Lord Keeper , as things unwarrantable and unusual ; they prosecuted too Buckingham with the more violence , only because the King had told them , That he acted nothing of publick Employ without his special Warrant ; That he had discharged his trust with fidelity ; That he had merited it by desert , and that it was his express Command for them to desist from such an unparliamentary disquisition : And for my part I cannot apprehend , how according to common sense and reason both in this case and Strafford's that succeeded ; they could make those Traytors to their King , of whom their King declar'd they had never betray'd their trust : It was such a sort of Treason against their King , which their King knowing and approving did not think High Treason , and the person against whom it could only be committed , apprehending no Commission of it at all . But those Statesmen were so unhappy as to live in an age that made Treason as unlimited as ever it was before Edward the Third , and which for all his * twenty fifth , and the first of Mary , restrained Treason to conspiring against the King , and the Laws of all the World makes it a Crime only of † Laesae Majestatis , they could bring it now to a levying War against the Majesty of the * People . A hard fate for many Ministers of State , that are sacrific'd sometimes , only for serving too well . But these proceedings against the King were long I hope , before the King proceeded only to take Traytors out of an House of Commons ; this was seditiously done in twenty five , the other not lawfully attempted till forty one . And judg now malitious Miscreants ! where , when , and by whom were the first provocations given to discontent , and who were the first Agressors in a barbarous and a bloody Civil War ? Why don't they tell us too our present Soveraign invaded first the Rebels in Scotland , and those that 〈◊〉 at Lime ? The next age may as well be brought to believe this , as the present that . All that their best Advocates ( unless absolute Rebellious ) can urge in their defence , is , the Parliament seiz'd only upon the King's Forts , for fear he should fortify them against the Parliament : very good , that is , they first made War upon him , for fear he should make War upon them ; that 's the English trick of it : And I can tell it them in a Spanish one too ; so Gondamor got Raleigh's Head he told them , not for the mischief he had done them , but for that which he might do . But had not the Laws provided so particularly for the King , this would be madness and cruel injustice even among common Subjects ; reduce us both into Hobs's his state of nature and his fear , to kill every one we meet , for fear of being kill'd ; or set our Neighbours House a fire , for fear it should catch of it self and consume our own . And now be witness even the worst and the most warm Assertor of a Common-wealth ; in this case be for once what you so much affect , Judge between you and your King. The King had his Court of Starchamber constituted by a Common Law , and confirmed by special b Act of Parliament : The Commons they send up a c Vote and Bill for suppressing it : The High Commission was establisht by the d Statute of the Queen , the Commons come and would put it down with a e Vote : The Court of Wards and Livery , the tenures of which were even f before the Conquest , and drew Ward and Marriage after it ; was establisht by particular g Act ; the Commons clamour to have it supprest , which to please them is done . The King had several priviledges that belong to the Clerk of his Market , confirm'd by ancient h Custom , and i several Statutes , abolisht by the Parliament in the Year 1641. The k King had the Courts of his Forests , his Judge in it constituted of old by Writ , then by l Letters Pattents : This was a grievance which was never before , and therefore must , and was supprest with the rest : The m Law required no person was to be Imprisoned , or put out of his Lands but by due course and custom : None to be adjudged to Death but by the Law establisht : they n confined several of the Kings Subjects , send the Bishops by order of the House to the Tower ; and by special Bill attaint Strafford ; and Behead Laud o with an Ordinance . Resolved by all the Judges in Queen Elizabeths time , that to levy War to remove evil Counsellors is High Treason against the King ; they past a Vote ; p that the King was seduc'd by evil Counsellors against whom they levied War to remove . There is a q special Statute that says expresly that the Subjects that aid the King shall not be molested or questioned : They publisht their Declaration , r That it was against the Laws and Liberty of the Kingdom to assist the King , that the Sherriff of the County ought to suppress them : The s Law makes those Delinquents that adhere to the King's Enemies : they t Vote those that serve him in such Wars Traitors by a Fundamental Law : The u Statute provides that the Parliaments should assemble peaceably ; they by particular order bring Horse and Foot into the Palace Yard . In short , The Parliament first seizes the Militia , against an express x Act that setl'd it solely on the King : The King sent out after his Comission of Array , for which he was impower'd by y Act of Parliament : The Parliament order the raising an Army against the K. declared Treason by special z Act : The King then Summons his Subjects to his assistance at a York , and comes and sets up his Standard at Nottingham , & for that was warranted by the Laws of the Land , and b several Statutes of the Realm . I have taken this pains both to prove that bloody War , that general Revolt , to be a plain Rebellion ; and that the War it self was begun by those that were the only Rebels , the Parliament ; because you see that both those positions have been laid down among our * Republicans ; either of which should it gain credit , is enough to run us again all into Blood : And both together as false as Hell , and can be the Doctrine of none but what 's the Author of all Sedition ; the Devil . These were the Plots which they practis'd upon that poor Prince , whose Sincerity was always such , that he could not suspect in Nature such a sort of designing Villains ; nor humane Wit , well imagine such ingrateful Monsters , that for their King 's continual Concessions to better the Conditions of his Subjects , should still Plot upon him to render his own the worse . Here we saw what all these Positions , Principles , Practises ; all their Preaching , Praying , Printing did tend to , and terminate in ; the People enslav'd , the Monarch murder'd , the Government undermin'd : But as these Maxims of our Democratick's were destructive to our Monarchy , and produc'd ( as you have seen ) those Plots and conspiracies that subverted it , so shall we see by subsequent Events , and be inform'd from as much Matter of Fact , what I have heretofore insinuated , only from the force of Reason , that the same Principles after they had set up their Commonwealth , made them Plot too upon one another . When the Parliament had imprison'd their King , whom they bought for a Slave , confin'd him with a merciless Cruelty at Holdenby-house , then a Castle and Garrison ; and by that Act made him no more a Monarch , but a Prisoner of War ; themselves no more his Subjects , but his Masters and Sovereigns ; the Parliament having had so far the End of their Plot upon the King , now the Army take their Turn to Plot upon the Parliament , who when they had made their Monarch accountable to their Memberships , might as well sure expect by their Servants to be call'd to account . The Parliament when they had wrested the Sword out of the King's Hand , knew themselves the Supream Power , and were as certain they could as soon send him packing with his Supream Right : The Soldiers now are sensible that the Members of the Army have that Sword in their Hand , which the Parliament took out of the King 's , and see no reason why they may not make themselves the Supream Parliament ; ( for this their Original Right of the People over the Magistrate , will always I warrant you , be appropriated to that part of it that has an Actual Power ) and that they found , for Cromwel conspires with his Adjutators , who ( like provok'd Beasts ) begin to be warm'd into a perception of their own Strength ; which even when a Horse comes to know , to be sure , he 'll throw his Rider : For this he fools his Fellow-Senators with a Suggestion of his readiness to suppress any Soldiers Insurrection , at the same time that he set them on to rise . The Parliament had plotted by Subscription and Petitioning , to advance their Power upon the King ; their humble Servants the Soldiers now subscribe , petition that the Parliament would be pleas'd to submit to their Power , send to the Good Houses at Westminster the * Representation of their Army , that they ( forsooth ) were the Delinquents now , and that they be speedily purg'd of such Members as for Delinquency were not to sit there : They make eleven of them Traytors , † impeach them of High-Treason to the Army , when both Impeachers , and Impeach'd , had forfeited their Heads to the King : They had Counterplotted this with an * Ordinance of the House for the Disbanding the Army ; but the Army found they had a more fearful Ordnance for them in the Field ; they had under their Command the Militia of the Camp , and so resolve to command that too of the City : The Contrivance for this is first Fairfax his Remonstrance , to which the Commons † submit ; but for that the Apprentices that had served them before against their King , come now in as * tumultuous a manner , and frightn'd them into a Flight to the Army , that so their City might retain its Militia . The Westminster-men that stay'd , plot against the Men at Windsor that were fled , call in the Members that their Army had impeach'd ; for this the † Soldiers sign an Engagement , send a Remonstrance , and themselves as soon conspire to follow ; march toward the City , draw up at Hownslow-heath ; send their General with a Party to make a new Parliament , or patch up the old . To prevent the Personal Treaty with the King , they drew up their Agreement of the PEOPLE , resolv'd on their Votes of Non-addressing , which recall'd , they again re-extorted , rejected the Lords for refusing to Judge their King , whom having dispatcht , there remain'd the Rump , that is , the remnant of the Commons ; the Creatures , or rather Created Council of an Army , and all the late flourishing Democracy of the long Parliament and the two Houses , turn'd into a perfect Oligarchy of Officers : And all what those Devils had possest themselves of by Treason before , torn from their hands by a Legion of worse , with as much Treachery and Plot. And one would think that all Plotting , that all conspiring should have been over now ; but you shall see that the same principles that prevail'd upon the Rebels to ruin the Monarchy , and run it into a Republick ; that promoted the Army to destroy the then Democracy , and so set up their own Oligarchy ; did also incite a single Usurper among those few to set up for himself , and turn it into true Tyranny : Their own positions first plac'd the Supremacy in the Parliament ; because the two States were greater than the King that made but one : The Army places the supremacy in their Sword , because it was greater in the Field than the two States in the House ; and then comes Cromwel and setl'd the supremacy on himself ; because the sole Commander of all the Army : his success at Dunbar , and the routing of the Scot , did so much his business , that there could remain but little opposition of a Rump ; and a Man that is made by a weaker power but once a General , can soon make himself by his own strength the Generalissimo ; he had formerly been so prevalent as to procure Petitions , Addresses , Remonstrances , for the establishment of that patch'd piece of Parliament ( and all our Metaphysicks will allow , that what can create , can as soon annihilate ) he found his Omnipotency in this point , he knew he had set them up against all Right , and therefore had the more to run them down without Wrong , and that as he did design , so he effected too . It was indeed a Parliament of Soldiers , and he serv'd them like a General , only by signifying to them to Disband , and they not daring to deny , determin their sitting to be on the fifth of November following : But he not willing to tarry so long a Servant to those he could command to obey ; those that would not so soon Disband ; he comes and Cashiers by April , 1653. and with his Lambert and Harrison sends packing that everlasting Parliament . And now here is the result of their principles in a second Plot upon themselves , and a new model of Government ; for the former they had abolisht was but the Government of a few , an absolute Oligarchy , tho' they were pleas'd to call it the Common-wealth of England , as if it had been but Democratical , when not the tenth part of the People were represented by those Administrators ; but so they had the confidence to call them a Parliament too ; but their words had commonly as much sense in them as their actions had Loyalty . But Oliver having Plotted them out of all , had now no great need of any Politick Plot for himself : It would puzzle now our Politicians to tell me where at this time was their * Supream original power of the People , their natural Liberty , and that Delegatory right they are to communicate to Representatives : There was no King , no Parliament , no Rump , and as yet no Protector : The Disciples of Mr. Sidney's Doctrine must say , forsooth , The Supream Power was then in the People ; ( but as the Devil would have it ) Cromwel had got the supream strength : Strength and power I confess , are mighty different , and just distinguisht by the same Metaphysicks the Scots put upon the King at Newark , when they would persuade him , The Army was one thing , and the Soldiers of it another ; but if this People had then the supream power , why did they not assemble themselves into a Parliament , since there was no Writ from above to call them to the Assembly ? But our History tells us , Oliver call'd it , and what for ? why say our Republicans , That the People might confer upon him their supream original Power , which he could not assume without their consent ; very good : So Cromwel was willing this supream power should be settl'd upon him by Parliament ; therefore he calls the Parliament ; i.e. gives it the supream power , & they in common Civility could not avoid to give it him again : But where but a grain of sense settle this Supremacy , in him that call'd them to assemble , or in those that were assembl'd at his call ; I confess , if the cunning Canary Birds could but contrive , as once they did design , such a rare Parliament , that like the Bird of Asia , should rise from the ashes of it's Ancestors , we might have one then , not only long , but everlasting . But even this , tho' then , attempted to have been enacted , would have been but Nonsense and absurd , and sit only to have past in that Parliament which he call'd ; who made many * Laws just as ridiculous , for thosethat have a power to dissolve themselves , by the same reason would have a power to summon another , and then must is sue out their Writs either before their dissolution , or after ; if after , then it is without authority , and by no part of the Government ; and if before , then a new one must be summoning before the old is dissolv'd ; and if the Writs should be but of force from the time of dissolution , the Country Electors must be said to be conven'd by the supream Authority that is dissolv'd . Cromwel and his Conspirators foresaw they would be confounded with such absurdities , and they found themselves plung'd into as much confusion ; and then , pray , what did they do with this Sidney's supream original power that they did not know what to make of , or how to use , tho' it lay upon their hands ? why , they surrender it to a single person , from whom they thought they had it , and so the Usurper had his design The next Plot was , how they could play the Knaves to get that Power again , which they thought they had parted with like Fools : Cromwel was cunning enough to hold what he had gotten , and never parted with it but with his Breath ; tho' the Levellers , the Anabaptists and Fifth-Monarchy Men conspir'd for Insurrections , and Lambert himself left little undone to supplant him . But when his Son succeeded , whose silliness only made him not sit so long a Usurper , they soon found opportunity to set him aside : As they had pleas'd Oliver with making him a * Mock King , so he to pleasure them had mock't them with an † House of Lords : And Richard's first Parliament , being made up of most Commonwealthsmen , fall foul upon that new Constitution which was indeed as filthy , they take themselves , without the Protector and that other House , to be the Supream Power : Lambert and Fleetwood that first upon the Principles of these Rebels and Republicans had promoted the Affairs of the Father , fall now to Plotting upon the same grounds of LIBERTY ( which with Daemocraticks is to do what they list ) to depose his Son ; and 't is no wonder that those should fail in their Faith to a Rebel , that had revolted from their Prince : For this therefore they have freequent Meetings at Wallingford House , and the Parliament seeming as uneasie under him as they , and they as uneasie under the Parliament , they send Desborough to get its dissolution to be signed by the Protector ; at the same time they make their Messenger to dissolve it by themselves . Richard signs it , and presently after is forc'd to his own Resignation , and that to just no Body ; and all is brought to what all such Principles and Practises always tend to , perfect Anarchy and Confusion : The Protector here quarrels with the Parliament and the Army , the Parliament with the Army and Protector , the Army with the Protector and Parliament ; till at last they leave us neither Parliament , Protector , or Army . When they had brought the Government to be just no where , Richard having been Plotted upon to resign to just no Body , some of the rebel Rump , with Lenthal their Speaker , Lambert their Officer take it up as Scavengers do a piece of Silver they find in the kennel , or dropt in the street ; these by the Army are declared a Parliament , because they resolv'd themselves to be so first , and the People at present could not tell where to find out another ; the secluded Members offer'd to run in too , but were Fools for their pains , and repuls'd with as much violence ; for they might well have foreseen and imagin'd , that those that threw them out before , had their Swords in their hands still , and to be sure were much rather for their room than their company ; and that they found , when they set their Souldiers with their Swords drawn to keep them out , and their most Legislative Arms soon suspended them from the medling in the making of Laws . Thus re-instated and establisht into that Oligarchical Tyranny that first turn'd off all Monarchy , and took off the King's Head , and this re-establishment of the most desperate Rebels confirmed with the approbation of the Army ; one would have thought their very Master , the Devil , could never have undermin'd or made them again to miscarry . But yet so it happen'd ; for these Principles of our Republicans , having made all obedience meerly precarious , and utterly defac'd the Doctrine of the Gospel , to be subject for Conscience sake , as well as repeal'd the Oaths of Allegiance that required them to be so by Law : Why now , they were left at liberty , and truly did as licentiously practise ; the 〈◊〉 any frame themselves had establisht , and that too , before they had consider'd what to set up . I won't insist for it here , upon the Insurrection of the Cheshire men , and the business of Booth , which by my little light of reason , and the not unlikely Remarks to be made from the least History I have read , was really a design to supplant this restored Rump : Headed by one of the most eminent of the secluded Members , that probably in meer revenge resolved upon a Free Parliament ; that is , because they had not the Freedom to sit with them that secluded them : But that Plot which gave them the lift again now , was that of Lambert himself that had lifted them into the Saddle ; where himself design'd they were not to sit long : For Oliver , having taught him the way to a Protectorate , as well as ( 't is thought ) promised him in it a Succession , was resolv'd to leave nothing unessay'd to settle himself in that power , to which he once thought he should otherwise succeed : and being Commission'd by these Masters he had made , and sent to suppress this Presbyterian Insurrection , which he did with success ; he found it too the most seasonable time to carry on his design , and so carresses his Soldiers into a Seditious Tumultuous Petition for a General to be set over the Army out of the Soldiers themselves , for these Swords-Men could not relish that the Gown , the Speaker , a Lenthal ( that then lookt like the Generalissimo ) should Lord it over Arms , that is in English , be above their Lambert . The Men of Westminster made a shift to keep up so much Courage as to make this Remonstrance dangerous to the Commonwealth , and Vote the Commissions of the Wallingford Men to be void : But Lambert , that had shuffl'd so well , and pact his Cards with Oliver , knew how to play them now as well for himself ; and therefore as * Cromwel had turn'd them out of the House before , he comes and keeps them from getting in , insomuch that when Lenthal came to the Palace Yard , he could see nothing but Lambert and his Soldiers set to keep them out ; and so the Rumpers retreat again , are put out of possession of all , Lambert left an absolute Generalissimo , sets up his † Committee of safety , in which to be sure himself must sit as President . In the next place they fell a Ploting to get themselves in , that had been so often at in and out ; and for this they put up Petitions for a free Parliament from all Parts : 〈◊〉 runs down to Portsmouth , which Revolts , and those that were sent to reduce it turn Renegadoes ; Lawson and his Fellows in the Navy declare against the Committee ; Fairfax favours the Rump , and raises Forces , and they fell secretly to the Listing of Soldiers in Cornwal and the Western Counties ; and 't was time then for this Council of Safety to look to save themselves : but nothing frighted them more into the re-admission of the Rump , but the unresistible march of the mighty Monk ; that Fabius of our Isle , that like the Roman Cunctator , restor'd us our King by his prudential delays , for these Rumpers 〈◊〉 return'd again into the House , were far enough from declaring for a free Parliament , which they still cla mour'd for so much when they were shut out : Nay , they would not so much as suffer the secluded to sit among them now neither , till the good General came and settl'd them himself ; and now , tho' all the Villains were in again that had begun the War , unless such as dy'd in the Rebellion ; tho' they saw all the sad effects and confusions they had brought upon the Kingdom ; yet so far were the Rebels from remorse , that they justify by * Vote the War with his Majesty , and past two more out of a perfect Plot and Design to keep the Royalist from being returned in the Parliament , that was to ensue their Dissolution ; but Dissolv'd they were , and that in effect by the good General ; and their Plotting Votes against the Royalist and the Restauration prov'd as illusory and vain . Thus the Principles and Positions of these discontented Democraticks , and implacable Republicans , made them still uneasie under those very Establishments they set up , confounded them so , that they did not know how to please themselves , but still kept Plotting one anothers Ruin and Destruction . The King was by miracle restored , whom Heavens by its repeated Providence had preserv'd ; and one would have thought such a signal signification of the concern God himself had for so good a Government , should have made even the Devil himself despair to undermine it , when founded even by a divine fate ; and to destroy the Monarchy , look'd like a Design to circumvent the Almighty . But no sooner was our Sovereign Seated in his Throne , but they Plot again to pull him out . And the first was that of Venner and his Fift-Monarchy Men ; their Leader a silly Cooper that had liv'd sometime in New-England , but come home , set up a Conventicle in Coleman street , and made their consult of Conspiracy in the very place they came to pay their Devotions , endeavouring to reconcile as near as they could their very Religion to be Rebellion . On Sunday the sixth of January , the day before they design'd their excursion ( as if the Sabbath were to sanctifie Sacriledge , and atone for Blood ) they linger'd it out a little too late in their Assembly ; so that their Landlord , a little Jealous , listning at the door , perceives through the chink that this Godly Convention were doing the very work of the Devil ; and instead of their Sighs , Groans and Tears , and such harmless spiritual warfare ; their Sword of the spirit was turn'd all into steel , and all Arming themselves with Back , Breast and Head-piece , of which he gives notice to some Officers ; but they in a little while after issuing out , march through several parts of the City , kill'd some of the Watch , repell'd a Party of the Train-bands , and so march't through Aldersgate to a place nere the City , call'd Cane Wood. But on the Wednesday morning after they return to renew their Rebellious design ; they divided themselves into Parties , and about Leaden-Hall fought it out obstinately , and too stoutly with the Trainbands : But some of the Guards , Commanded then by the Duke of York ( and now our present Sovereign , whom Heaven protect to defeat all Rebellions ) with the General and his more disciplin'd Soldiers soon made them give ground and retreat , and at last run away in as much confusion . Colonel Corbet routs another Party of them about Wood-street ; and such inveterate Villains had the Preaching these Principles render'd them ; that when they were broken and dispers'd , they would refuse Quarter ; sixteen or seventeen being taken , were at the Old 〈◊〉 Try'd , Convicted , Sentenc'd , five or six Pardon'd , andthe rest Executed . In December was detected another Plot and Conspiracy carrying on : One William Hill , one of the Accomplices , or a pretender to be so , discovers it . A Plot they had of confounding the Rogues ( as they call'd it ) at Whitehall , imparted to him by one Baker , one of Oliver's Yeomen of the Guard , upon presumption that he would side with them , who brings him acquainted with the rest of the Conspirators ; their Design was with four or sive hundred Men to surprize the Castle of Windsor : Riggs , one of the Conspirators told him of the Arms lodg'd in Crutchet Friers , that five hundred had been dispers'd , that they design'd a desperate assault on Whitehall to deliver them from the Tyranny of that Outlandish Dog , for so they call'd the King : That 〈◊〉 was to be their General ; that all other Officers were agreed on ; that the Tower was to be betrayed to them ; Letters dispersed to amuse the People with a Massacre from the Papists , one of which , on the Tryal of the Conspirators , was produced in the Court ; they told him they determin'd to rid themselves of King , Queen , Dukes , Bishops , all should go one way ( as they call'd it ) and the Insurrection was to be on the Lord Mayor's Night : Upon this Discovery one Tongue and five more were Arraigned , of which one Phillips , and Hind confest the Fact on their knees at the Bar , were pardoned , the other four Convicted , Condemned and Executed . In March , 1663. a Plot was Discovered in the North of England ; the principal Contrivers of it being imparted to the King , were secured from proceeding further . And in 1666. when the King returned from Windsor to Oxford ( the Pestilence being abated , tho' the Plague & product of their Pestilential principles remained as raging . ) Another Conspiracy of discontented Officers is detected , for Conspiring the Death of the King , Plotting the surprisal of the Tower , Firing the City : They had two Councils sitting , one in London , to issue out all Orders upon the place ; and another in Holland , that assisted them with Instructions ; the third of September was sworn to be the day of Design , for which eight several Persons were Sentenc'd , and suffer'd Death . In the same Year the Rebellion broke out in Scotland at Pentland Hills , where the Covenanters fought the King's Forces , and were defeated . In 1675. the late Lord Shaftsbury , a Person eminent even in the late Combustions , and the Civil War ; a person that was but just before preferr'd by his Prince , notwithstanding the many Services he did to the Rebels , and an actual being in Arms for the Parliament : But he thinking himself too little obliged by the Crown , that had never deserv'd the least obligation , Plots for the Dissolution of that Parliament , that as it had settl'd , so preserv'd the very frame of the Government from being dissolv'd ; and because he could not compass it from the King , contrives that it should pass currant , that it was Dissolv'd of course , because Prorogu'd for fifteen Monhs , contrary to the Acts of King Ed. the Third , that required one to assemble , once at least in twelve : The Duke of Bucks is made to move it in the House , seconded by Shaftsbury , Salesbury and Wharton , and for that all four sent to the Tower ; but however had dispers'd the Design so far , that the Stalls were all cover'd with Papers and Pamphlets to prove them Dissolv'd , which had it been then effected , had only reduc'd us to those Confusions that the unhappy Dissolution in four years after did unfortunately bring about . In March , 1679. the same Incendiary , the Beautefeu of both Kingdoms , contrives a most silly , canting , ridiculous Speech , and said to be spoken by Shaftsbury in the House of Lords ; the * substance of it being a declaiming against the Sufferings of Scotland ; many Copies of which were as Seditiously sent thither , & so animated and incensed the zealous Scots , that they soon after set upon the Bishop of St. Andrews , barbarously Murder'd him ; and our Seditious Senate , the Lower House , seconding that Lord's Speech with a Remonstrance against Lauderdale , they soon resolv'd for open Rebellion ; and that they begin at Ragland in Scotland , where they come and Proclaim the Covenant , burn Acts of Parliament , attack'd Glascow ; but the result of that was , that by Bothwel Bridg the Rebels were defeated , all running away upon the playing of the King's Cannon in a perfect Rout and Confusion . At the Sitting of the late Parliament at Oxford , there was some intimation given the King of a Plot and Design to have seiz'd his late Majesty , and kept him confin'd , till by that he had been made complyant to pass the Bill of Exclusion ; his Majesty was so far satisfied of it , that he Dissolv'd them as suddenly , and so frustrated the Design . This was proved afterward upon Oath , at a special Commission of Oyer and Terminer at the Tryal of * Stephen Colledg the Joyner , at Oxford , who was sworn to have imparted it to the Evidence , and that he rid down for that purpose thither Arm'd ; for which and several other Treasonable contrivances he was Arraign'd , upon full Evidence Convicted , Condemned , and accordingly there suffer'd . That Plot being prevented at Oxford by the Providence of God and the Kings ; the Faction still pursu'd the Conspiracy , for which many Consults were held at the late Lord Shaftsbury's House ; which upon suspicion was searcht , and himself , upon Information and Evidence to the King and Council , was seiz'd ; the result of which was , they found a Paper in his own 〈◊〉 , Intituled , An † Association , the Plot and Design of which was , that since they could not Exclude the next Heir of the Crown by Bill and an Act of Parliament , they would get Subscriptions , to do it among themselves ; that is , set their Hands and Seals to a Rebellion ; for the concluding Clause was absolute Treason , and oblig'd them to Swear Obedience to their Fellow-Subjects , and that they would Obey the Major part of Members after the dissolution of the Parliament ; for this he was Indicted , as also for designing to compel the King to pass the Bill at Oxford ; for conferring with Booth , Hains , Smith , and other of the Evidences , in Treasonable Consults ; for saying , The King ought to be Deposed , and , that he would never desist , till he had brought England to a Common-wealth : All agreeable to the very Principles he profest , to the Practises and Designs he had before Engag'd in , and the Discoveries of his Treasons that have follow'd since ; but the Grand Inquest being pact by Papilion a Partial Sheriff , and compos'd of Jurors as much prejudic'd , the Bill of Indictment was brought in Ignoramus ; an apparent Rebel acquitted , and carried off in Triumph with the Shouts and Shoulders of the Rabble . In July , 1683. was Discover'd the bottom of all these Preliminary Plots and Conspiracies , in the Design of the most barbarous Butchery of the best of Kings , our late Sovereign , Charles the Second , with the Assassination of his Royal Brother , our present Sovereign : For this they had engag'd in the Consults , Men of all sorts of Conditions , Lords , Knights , Gentlemen , Lawyers , Malsters , Olymen , Clergy and Lay ; the first Contrivance was , for Assassinating the Royal Brothers as they past by the Rye , the House of one Rumbald , coming from New-Market : but Heaven turn'd a Judgment even into an act of Mercy for their Deliverance ; and the Fire hapning there , made them prevent the Rebels in their return . Then the Play-House was propos'd to be the Shambles for this Butchery , and several other places , but the Conspirators disagreeing in their Approbation , hinder'd its execution so soon ; upon the Discovery of one Keeling , an Accomplice , touch'd with remorse , or apprehension of danger : All the Conspirators fly , from whom Shaftsbury , that Arch-Rebel , was before fled ; some were afterward found out , came in for Evidence , upon which several were afterward Convicted and Executed . At the Tryal of my Lord Russel , the very Morning he was Arraigned , the Earl of Essex , Committed for the same Conspiracy , whether out of sense of Ingratitude to his Royal Sovereign , by whom he had been preferr'd to the highest station of a Subject , even that of being his Vice-Roy , or whether out of fear of his fate , and fearful of an Ax , dispatcht himself with a Razor : For Defaming of the Government the next Plot is to make this a Murther of State , and one Braddon , out of Seditious industry , deals with one Edwards a School-Boy to Testify , he saw a Hand throw a Razor out of the Window ; with this matter well manag'd , King , and Council , Sir Henry Capel , and then the whole Kingdom must be canvast for ; and he having an Indefatigable Desire to fasten a Scandal on the Government , as well as an Impudence not to be baffl'd or defeated , to solicite the business farther , one gets Speke , a known Favourer of any thing that is Factious , a warm spark that would be soon hot in any such pursuit , to lend him a Letter of Recommendation to a Country Knight , but with both their bold fronts , they could put no such bad face upon the business : for it was Discover'd to be the basest Design the most malicious Miscreants could undertake , and they both Try'd upon an Information of High Misdemenor , and Subornation , ( that is ) the Pimps to Perjury , for which one was Fin'd one thousand pounds , and the other two . To second this Unsuccesful Plot , about Christmas last they disperse the most Divilish and Malitious Libel that Falshood and Folly could Invent , leave it at the doors of the Loyalists ; and its Design the same with those Suborners , to fasten a Murder upon the late King , our present one , and some Ministers of State , with such silly Insinuations , as of themselves do defend them from that Villany they would affix ; first , from their being then walking in the Tower ; and can the most Factious Fool Imagine ? Can but bare Humane Sense be so silly , as to think the Contrivers of such a suppos'd 〈◊〉 would be present at its Execution , and look upon it as the likeliest way to keep it private , was to appear in it publickly ? Preposterous Sots ! Do not contradict the best Evidence , that of Common sense , tho' you would the Coroners : Another is , from the Discovery of one Haly , that was found Murther'd , to be the Warder , in whose House the late Lord of Essex lay , upon which the Libeller in a long , tedious , impertinent Discourse , Iasinuates the probability of that Fellow 's being dispatch'd , for fear of telling Tales ; but how does Heaven infatuate those Fools that it would destroy ? The 〈◊〉 perjur'd Wretch is forc'd to beg the World Pardon , in his own Postscript , and to tell us the truth , in spight of his design to lye ; that this Unfortunate Fellow that was found Dead , was none of this Warder that he meant , and that only the similitude of the Name made the mistake , then from the disagreeableness of Bomeny's Testimony with the other Informant , because not verbatim he says the same , therefore they must be both 〈◊〉 : Seditious Sot ! Why so senseless too ? Will not Common reason for that very thing , confirm them both to be the more truth , for when there is a Conspiracy , to make Affidavit of a lye ; there they can soon confer , and commonly do too agree in words as well as substance , and sense might well suggest , they had learn'd their Lessons pretty perfect , upon such a verbal Agreement : But this Masterpiece of most Malicious Plot , was with more sublimated Malice , contracted into a Compendium , only that it might be propagated the sooner , spread the farther when in short , of which Condensed or Abstracted Treason , the Spirit and Essence of Sedition , one Danvers was Discovered to be the Author ; a Villain , whom the Devil in Design , could not render more vile , an Anabaptist for Profession , an Officer of Olivers , for Rebellion , and now a Fugitive , for fear of Apprehension ; for whom a Warrant was issued out , Posted , publisht in the Gazette , and an Hundred pounds proffer'd for any to take him . As these late Plots and Conspiracies were contriving all along in England , so did the Scots carry on the same Treason : Argyle , an Hereditary Rebel , that seem'd to have his Soul and Treason from Ex traduce , being attainted by the Law of their Land , for a Factious Explanation of the Test , and tho' Justly Sentenc'd to Suffer , yet the Government that had given him his Estate , had no design upon his Life ; makes his Escape out of Prison , in which in effect he enjoy'd his Liberty before , gets over into Holland , confers with our English Fugitives , then sends Letters from . thence to the Scots , to incite them to Rebel , some of which were Intercepted upon Major Holms , and known to be his own Hand , Spence and Castares , his own Emissaries Confessing the Correspondence they had with their Rebel Friends in England ; and the Cochrans , Melvil , Baily , are found to have been here in England , and Agitating the Conspiracy , for which , upon full Evidence , the said Robert Baily was * Convicted , had his Arms Expung'd , himself Hang'd , and his Body Quarterd . But notwithstanding all this Evidence , as clear as the Sun , and all their deeds of Hellish darkness brought into as much light , as the Lamp of Heaven it self affords : Their infatuated Fools were still so much blinded and besotted , as to represent it all for a Plot of the State , only for involving some of them in a Conspiracy ; and the King must be presum'd to design upon himself , only to trepan them into Treasonable Designs : For this , several Letters are dispers'd into the Country , some of which being Intercepted , were found to be one Sir Samuel Bernadiston's , a wealthy Citizen , whose Estate , with a great deal of Money , and as little Wit , serv'd only to make him more wickedly , and less wisely Seditious ; for nothing but the pride of a Purse , or the not valuing of a Fine , could have made a Man guilty of so much Folly , at a Season when they were in an hot pursuit of an Hellish Conspiracy , and the Blood of those that had suffer'd for it , hardly cold : For he lets them know that the Protestant Plot is confounded , quite lost , that the Evidence of it , the Lord Howard was to be sent to the Tower , and that all the Prisoners that lay there for the same , were discharged ; that Sidney that Suffer'd for it , was Pardon'd ; that Braddon that was Fin'd for it , was no farther Prosecuted ; all rank Lyes , as well as lewdly Seditious : And though his kind Council was pleas'd to mitigate the Information , as if the Malice was not so apparent ; that will not mince the matter ; for tho' the circumstances , and the plain matter of Fact , make it the most malitious piece of Faction 〈◊〉 , yet moreover , the very mass of his Blood was tainted with as much malice , and his very Relations actual Rebels , and in Arms against their Sovereign ; our Sir Thomas Bernadiston being a Colonel of a Foot Regiment of Rebels , at the Siege of Colchester , which I can make appear from an old Map of the Siege , where he may see his Father or his Brother , Firing upon his Majesties Subjects . But these Factious Papers being prov'd upon him from his own Hand , and the Testimony of his Servant that Superscrib'd them ; they found him Guilty without going from the Bar , for which , in the King's Bench , he was afterward Fin'd Ten thousand Pounds to the King , Bound to be of the Good Behaviour during Life , and to be Committed till 't was paid . But after all , as if they did endeavour to silence their own Advocates in their Defence , and that Impudence it self might not endeavour to smother their secret Conspiracies , they break out into that open Rebellion , for which they had Conspired , and Invade the Kingdom , as if they design'd only to prove the Plot : For in April , 1685. Argyle lands , with Men and Amunition brought from Holland ; in one of the South-West Isles of Scotland , call'd Yyle , or Ila , and their seizes all the Arms , Horses , Men , and other Necessaries to make up an Army , some of his Heretors come in for Assistance , with some few of his Dependants and Relations , of which of the most note , were his Sons , and one Achinbreck , of which Name there is a Castle or Town near those Isles : For a Month or two they kept Sailing about Boot , Cantire , and the rest of the Islands thereabouts , sometime landing , then setting out again : But about the nineteenth of June , the Lord Dunbarton having notice that the Rebels had past the River Levin , above Dumbarton Town , and taking their way towards Sterling , overtook them in the Parish of Killerne , but being late in the Evening , did not Attack them ; but by the Morning , the Rebels were march'd off toward the River Clyde , which on the seventeenth they past , but pursu'd by the King's Forces , and Cochran carrying them by mistake into a Bogg , they soon disorder'd and dispers'd : The late Argyle was set upon in his flight towards the Clyde , by two of Greynock's Servants , receiving a Wound on his Head , dismounted his Horse , and ran into the Water , where a Countryman fell'd him , so the Soldiers carried him to their Commander , from thence to Glascow , and then to Edenburgh : Among these Rebels , were several of the blackest Conspirators of England , that were fled for the same , Rumbold himself , the Malster at the Rye , by whose House his late Majesty was to be Murder'd ; as also one Captain Ayloff , mention'd in the King's Declaration , were both there taken ; Rumbold fought desperately , and Ayloff so despair'd , that he ript up his Belly . Rumbold was afterward Arraigned for Invading the Kingdom with the rest of the Rebels , had Sentence as in Cases of High Treason , and was accordingly a Hang'd and Quarter'd ; and the next day the late Lord Argyle , their Arch-Traytor , b Beheaded . And now that their Plot might be prov'd as plain in England too : About the beginning of June , Monmouth landed at Lime in Dorsetshire , of which he possest himself , having with him three Ships , brought into Town about two hundred Men ; some of the Seditious Souls , and as silly , of the Country , ran in to his Assistance ; upon falling of the Tide ( as t is thought ) they made an Excursion upon the Sands , to the Town of Bridport , which they enter'd by the Back-side , and surprised in it , Mr. Wadham Strangways , one Mr. Coker , and Mr Harvey , Officers for the King , the two former they kill'd , wounded the latter , seiz'd some Horses , and went back to their Quarters at Lime , where while they lay there , a Party of the King 's met some of the Rebels , had a Ran counter , kill'd about twenty three , aud made them retire : From thence they march toward Taunton , seizing all the Horses they could meet with ; no Gentleman of Note came in to their Assistance ; Trenchard , being clapt in the Tower for a Traytor in the Conspiracy , but escap't Hanging for want of an Evidence more , which the Law required , is said to have run into the Rebels , having ran from the King's Messenger before , & if so , proves his Treasonable part in the Plot , which none of his Party would believe , by turning an absolute Arm'd Rebel . About the twentieth of June , Captain Trevanion , Commander of some of his Majesties Ships , found a Dogger and a Pink os the Rebels Ships lying at the Cob of Lime , forty Barrels of Powder , Back , Breast and Head-Pieces for ten thousand Men in the Town , which were all secur'd , and his Grace the Duke of Albemarle sent into it three Companies : The Rebels rambl'd about Glassenbury , in Somerset , and some part of Wiltshire , Plundering , and taking all the Horse they could , and calling in as many Foot : And both these Invaders , to publish themselves Rebels in Print , as well as Arms , put out their Declarations , of their King 's being an Vsurper , and a Tyrant ; that had Succeeded to the Crown , by all the Laws of God as well as Man : One William Disney , Esq was taken with his Wench in his Bed , and Monmouth's Declarations Printing in his House ; Try'd for the Treason in Southwork , upon full Evidence found Guilty , Sentenc'd , and accordingly * Executed . And the † Parliament it self , by special Act , Attaint James Scot for a Rebel , and a Traitor , set Five thousand Pounds upon his Head , and by another Bill , make the Asserting the Plot of his Legitimacy , High Treason : The Rebels for some time continued forraging and rambling about the Western Counties , Wilts , and Somerset : At Wells they say they Plunderd and defac't the Church , that had escap'd the Fury , even of the last Rebellion ; out of the Sacred Chalice they Drank the prophanest Healths , and upon its very Altar sacrific'd Women to their Lust ; but This being but Report , I don't rely on . From Wells they went to Bridgwater , there Fortifying themselves a little ; but finding the L. Feversham come up to them , & more Forces of the King 's following , they resolv'd to surprise him in his Camp ; march'd accordingly in the Night , and by two or three in the a Morning set upon him , whom yet they found ready to receive them , the late L. Grey , Commanding their ill manag'd Horse , was soon disorder'd , and ran away ; the Foot fought it desperately , but at last defeated by the King's Cannon and Horse , were slain about two thousand . The late Lord Grey was b taken in Disguise at Ringwood about the Borders of Dorsetshire , and secured by my Lord Lumley ; and the late Duke of Monmouth , the next Morning met with in some Covert thereabouts , and put into the same Hands : Manmouth on the a Munday after , with his Associate Grey , was brought to the Tower , and the former the following b Wednesday , on the Hill Beheaded . By this you have seen the very Basis , the Foundations upon which they build their Principles , somewhat shaken , and I wish I could with modesty say , utterly undermin'd : I have set my Shoulders to the work , and had I the strength of some Sampson , would pull down their Pillars , confound the Babel these Rebels have built , tho' I were sure to fall and be buried in its Ruines . By this you have seen the Multiplicity of their Plots , so Hellish , and so many , that like the Devil ( that Seduces our Democraticks into such Damnable Designs ) their Name is Legion ; but of those Devices the Almighty , who always was , will ever be the Detector and Confounder : And here I profess by that Heaven ( which I only beg to Bless my poor Endeavour against the Designs of Hell ) that nothing but a sincere hatred of their pernicious Principles , and a certain Assurance of the truth of all these Conspiracies they have promoted , has put me upon this undertaking , to refute the Folly and Falshood of the one , as well as represent that Bloody work & Wickedness of the other . If they 'll condemn the warmness of my style , which a one has already Libell'd as hot , let them but give me leave to be as zealous for the promoting of good Principles , as the vilest of their Villains , the most venomous of their Vipers have been , for infecting us with the poyson of bad : Let me be allow'd to write as affectionately for my Sovereign , while he is Seated in his Throne , as their Faction did most furiously against him , when by Rebellion they had pull'd him out ; and for this , be pleas'd but to remark a little matter of Fact : For the first , Has not Hunt ( whom even they would make a moderate Man ) Libell'd his Antagonists with the Name of b Base Caitiffs , Traytors , Knaves , Betrayers of the Peoples Right , Wicked , Impious , Sacrilegious , Monsters , and Mad ? Does not an Inconsiderate Coxcomb , that sets himself up for a Considerer , call his Opposers , a Arrogant Fools , silly Knaves , Ruffians , Trislers ; besides his Non-sense and Pedantick terms of Insensatus Galata , and Effrontery , with all the Controversie manag'd in the style of a Carman , or the blessed Language of the Bawds at Billingsgate : And yet these ( I 'll assure you ) with the Party , all applauded 〈◊〉 . For the second , consult but the Papers of that prosligate Villain , the Penner of the Political Mercury , and see how the meanest Traytor treats his Exil'd Sovereign , and Majesty it self ; Young Scot , 〈◊〉 Interest of Young Stewart , accursed Family , Little Queen , their curst foul and bloody House , its Name odious in Chronicle , Young Tarquin , Perkin Warbeck , pretended King , King of Beggars , Royal Puppet , the Grand Tyrant , the Great Pyrate ; And so barbarous were these Beasts in their Reflections , that he represented his Banish'd Prince ( whom themselves had put to those unhappy necessities ) for a Clipper and a Coiner in the French King's Court : Is not this Virulency now ? this Venome ? and that of such a Villanous Viper , to whom the Old Serpent , the Devil himself would be an Antidote ? and all this even against God's Vicegerent ? Is not the dust of such a Damnable Democratick , enough to pollute the Land wherein it lies ? and of which the Grave will be asham'd when she comes to give up her Dead : These are the Barbarities , Hunt would not have so much a remember'd , that is , not abhor'd , and which I cannot forbear to mention and remin'd , to let the present Age see , to what an Acme of Villany the preceding was arriv'd , to let the Faction be forc'd to remember , what they so labour to forget ; for what they can so hardly be brought to detest , is also as difficult by repetition , to be render'd too detestable : These Printed Treasons , that have been so long out of the Press , may well want a New Imprimatur , when they are brought to believe they were never in it : To this pass of the Politicus's would our Protestants , Domesticks , Packets , Advices , Courantiers , Janeway's , Care 's , Vile's and Curtise's , all have come , and a Nevil now , that abhors the thoughts of a COMMON-WEALTH , as a Circumstances are now , would be their Needham ( I warrant you ) when a Civil War had Banisht again the best of Kings , and one that writ his Brief History of Succession , not long since , only to make our Monarchs Elective , would then have told us , that b All from the Conquest were perfect Tyrants , that Richard the Second's Blood ought rather to have been spilt on a Publick Scaffold , than by a Private Assassination in Pomsret Castle , and that Charles the First was Executed as a Traytor ; and so given us in just such another Catalogue . How can our Seditious Souls think themselves hardly dealt with , in those late Loyal Animadversions that have been made upon their lewd Libels ? or , What severity now has the Observator ( that Learned piece of Loyalty ) exprest in his Pages , which their own Papers have not deserv'd , & heretofore , in a barbarous manner , even to the best of Kings and Subjects shown : and as they cannot condemn him , or any other honest Heart , for exposing ( in the most severest manner ) the Principles and Practises of these dangerous Democraticks , since they dealt so severely themselves with their Sovereign , and all Assertors of his Monarchy ; so neither can such discommend him , or any other , for such seasonable Remarks on their Pretensions to CONSCIENCE , and as rigorous Reflections on their Men of MODERATION : the two tender points ( they say ) must not be medl'd with , or , at most , but gently touch'd on . The very Suggestion flies in their Faces , and upbraids the Faction with the same proceedings against one another ; for this famous Political Mercurial Scribler lets us understand , that a The Presbyterians pretended Principle of Conscience , is no competent Plea in his behalf , for then this Plea and Pretence might serve to Justifie the late Tyrant , and all his Cavalry ; it might Justifie Ravillac , for Murthering Henry the Fourth , Faux , Catesby , and the rest , for the Powder-Plot ; not a Pritst or Jesuite but hath the same Pretension , nor shall there be any Traytors in all Ages hereafter : Away with this Clergy Pretence , not to be named once among Christians , but exploded as the very Pest of Civil Society . And I pray mark only the Godly Preacher to the Parliament a I have desir'd in my Prayers to GOD , for the opening of Mens Eyes to see , that the same Spirit of CONSCIENCE , which lay in the polluted Bed of PAPACY , meets them in the prophaned Bed of PRESBYTERY ; that The highest Godlinesses , and the highest Wickednesses , are those that are most Spiritual ; that The Fornications and Sorceries of this Whore are then greatest , when most Mysterious ; that She is able to bewitch those that have attained to a great degree of Spirituality : To this purpose , I have represented the same Spirit which dwells in PAPACY , when it enters into the purer Forms of PRESBYTERY , as fuller of Mystery , so fuller of Despight and Danger ; so far the good Man , for Conscience Plea : And now , if you please , to tell you their sense of the TRIMMER and MODERATE Men of their Times . a No sort of Men can be more dangerous , than those Phlegmatick Souls , of the MODERATE MIDDLE Temper , who , whilst they pretend to be of a Party , are not able to concoct those reasons of State , that are absolutely necessary for its Preservation : Men of this Humour may do well in a Civil War , where the differing Interest may be reduc'd to agree in one third ; but when they are stated in as vast a contrariety as God and Belial , Light and Darkness , Liberty and Slavery , then those Men are like Sand without Lime , neither good in the Foundation , nor fit for the building of a Republick ; such Interests are best preserv'd when like Mathematical Points , in the Extremity of Latitude , they are placed at the remotest distance , admitting no intermedial mixture of Affections with any things , Persons or Pretences , that may have but the least Collateral Relation to the opposite Party : And then for their MERCY to the Dissenters of those Times , and the matter of VNION . b But perhaps , the sparing of the Traytor , may he a means , to reconcile those of his own Opinion , and bring them to an UNION with the Common-wealth ; Why ? Let them , in the first place , take shame to themselves , by an Acknowledgment of their Offences : Let their Repentance be as loudly , and openly profes'd in the Pulpit , as their former Follies ; and then afterwards , 't is possible , there may be an UNION , but an UNION , carried on upon any other terms , speaks only some Clerical Design , under a specious outside . And a Case , Discoursing about MERCY , to those that had Fought for their King , whom he makes all Unpardonable Murtherers , nay , tho' they had not kill'd a Man ; for says he , Though God forgive Sin against himself , yet he commands his Deputies , not to pardon Trespass against the Publick State , as in the case of Murther , for even PREPAR'D and PROJECTED Murther , God makes uncapable of Civil Mercy ; for here the Delinquent has kill'd as much as in his power to kill ; it was his purpose , he 〈◊〉 killed , though the Patient be not kill'd , and the Design and Intention should Hang him . God deliver us from the Mercy of such Casuists , the Government and Rule of such unreasonable Men , that whilst they exclaim against Idols , commit Sacriledg ; while they condemn others for want of Moderation in their Censures and Animadversions , Satyrize and Libel even one another most Immoderately : These are the hardships in which they think they are most griev'd , and yet those the very points in which they have shewn themselves the most rigorous , and opprest better Subjects than themselves , with a greater grievance . This is my sense of their Writings , and for the opinion of others , about my own , am as little solicitous ; I am satisfy'd of my own Integrity , and wish I could be as well assur'd of theirs ; the † Defending of the Right of the Crown , I am sure , is no more than to what I am Sworn , and their laborious Drudgery , to detract from the Prerogative is perhaps , but a Learned Expedient of being more Elalaborately PERJUR'D . As I ever 〈◊〉 that Royal Line , which I always look'd upon to be unalterable , and which none now but Rebels or Republicans will endeavour to Interrupt , so I shall ever as much Revere this NAME and FAMILY of STEWART , in which the truly Lineal Descent of our Crown was as intirely united and preserv'd : A Name that will be Sacred to Posterity , as well for the short Succession it is too sadly like to leave us in England , as well as the long Series of Successors , that are to be number'd in the Catalogue of the Scots ; and 't is with regret that we are like to reckon of it but two Royal Pairs , of JAMES , and CHARLES : A Name , that none but a Monster of Mankind would have made a odious and accurs'd , which maugre their own Rebellions has made our Islands Blest : And lastly , a Name which even Rebels might Revere , for so long and lasting a Succession in Scotland , and that in both Kingdoms , now there is but one left . And for that Impostor , which some poor Souls , as silly , as seditious , would feign have put upon us , and set up : Consider but the sad success two such Presidents and just as pretty Projects , met with in the Reign of Henry the Seventh : Consider how unsuccesful this present Attempt prov'd , which terminated in the ruin of all its Undertakers : Consider but the Folly , as well as the Wickedness of such an undertaking , which could it have met with success , must have been but by the Blood of the present Age , and an entailment of it to Posterity ; too dear a purchase , only to make us the Scorn and Derision of the Word , Traytors to our King , and Rebels to our God. What I 've done , has been in satisfaction to my self , without design of Applause ; my Duty to my Sovereign , without insisting on desert , my Resentment against Rebels , without fearing of their force , for then I desire to fall , when so good a Government cannot stand ; my Misfortune from them would have been the best of Fate , and my very Foes the most Friendly and Obliging . I have scarce Breath'd under a Vsurpt Government yet , and should hardly have been brought to begin now , to be subject to an Vsurpation : If in these Essays , I have done the least Service to my Sovereign Lord , or his Liege Subjects , I shall look upon it as having answer'd the Ends of my little Studies , both towards God , as well as Man ; for there is seldom a good Subject that makes a bad Christian , and I have always observ'd the greatest Atheists among the Rebellious . If ( whatever sincerity I pretend ) they 'll upbraid me still for that itch of Writing , I 'll as sincerely protest to them , they have cur'd me of the scab , and thank them too for being my Physicians without a Fee : They themselves have superseded all future Animadversions of my Pen , by being able to make no farther progress in their VILLANY , I truly profess , never more to refute their bad PRINCIPLES , till they can find out worse , and as heartily promise , never again to be their Plague , till they can Invent a more Hellish PLOT . FINIS . Notes, typically marginal, from the original text Notes for div A58510-e390 Vid. Hunts Postscript . Vid. Mischief of Imposition . Vid. Proceedings at the Old-Bayly . Vid. Postscript to the History of the Association . Vid. Settles Recantation . Postscript . Vid. Proceedings at the Old-Bayly . p. 14 , 15. 4 Vid. vernon in the Life of Dr. Heylin . Notes for div A58510-e2530 beyond Hypocrates . Vid. also History of English and Scotch Presbytery by a French Divine . Alciatus a forreign Civilian too , write against the Deposition of Edward the 2d . and Richard the 2d . Vid. Tryal Regicid . p. 30. Notes for div A58510-e3980 The Worthy Dr. Bradys . And the Learned Author of the Great Point of Succession . Strabo , Tacitus , Caes. Com. So also Caesar , Bell. Gall. Lib. 6. How in his Historical reface to Stow's Annals , contends mightily for such a story citing all our antient Authors , for its Authority , and Cambden amongst the Modern . Vid. Heylin's , Geograph . Britain . Vid. Daniel . Stow mentions not one word of this Athelstan's Illegitimacy ; and his own Author whom he cites for the falsehood relates it but as a Fable , by which Daniel too was deceived . Even in the Heptarchy it self , if you consult How you 'll find the next of Blood still succeeded . Parsons , Inglefield , Allen. Vid. The great point of 〈◊〉 , and Dr. B. cites the same out of Sim. Dunielm and 〈◊〉 . Flor , 〈◊〉 . Westm. Houden . 〈◊〉 . and Stow , 〈◊〉 〈◊〉 he was 〈◊〉 on But as a 〈◊〉 . But because he came to the Kingdom , by ill means arose 〈◊〉 Wars p. 86. Vid. 〈◊〉 . p. 〈◊〉 . Vid. Baker Vid. Stow says they did him wrong , and always it occasion'd civil War. Vid. Postscript . p. 53. 55. Westminster and Malembsbury . Stow. p. 124. Daniel , says , he obtained it according to his Fathers will. pag. 44. Mat. Paris An. 1088. last Edition London . Veruntamen postea Nobiles fere omnes , &c. Florence of Worst . Magnates Angliae ignorabant quid actum esset de Roberto duce Normannorum , An. 1100. Ibid. p. 46. Fidele Consilium pariter & Auxilium promiserunt . Mat. Paris 1106. sentiens Conscientiam Cauteriatam , Judicium Dei formidare , &c. Ultimus fuit ex illis quos Rex Henricus occidit An. 1136. Vid H. de Knyght C , 8. 2374. Vid Paris 1107. Pag. 4. Stow says he was repulsed by them of Dover , shut out by them of Canterbury , and unjustly took upon him the Crown of England . Malembs . Baker . Mat. Paris in ultionem Imperatricis cui idem Rex Fidelitatem juraverat . An. 1138. Exarserat namque rabies tanta contra eum , ut pene ab omnibus quateretur . ibid. Paris . Mat. Paris Justitia de Caelo prospiciente . Henrici jus Haereditarium recognovit , Paris his own Words 1153. Vid. 〈◊〉 p. 48. Stow p. 146 Ad Mandatum Regis & Patre jubente . Paris . 1170. Stow says the King expreslycaused him to be Crowned by the Bishop of York , without mentioning any other . p. 132. And Baker says the same . p. 55. Nec Regna socium ferre possunt nec tedae sciunt . Incongruum Regem quemlibet esse , & Dominationem 〈◊〉 in Regno non habere Mat. pvit . H. 2. R. de Daeto he quotes tho it should be de Diceto , who oficiated at his Coronation , Haereditario jure promovendus , are his words 〈◊〉 fore . Watson and Clarks Casse 1 Jacobi . Vid. Daniel . exigit castella & Thesauros patrissuiquos habebat , Says Paris , and has not one word of his Election , but only Coronation . Constituit Arthurum Haeredem suam legitimum si sine haerede moreretur . Paris in vit . R. Vid. Dan. p. 108. Baker & Stow , say Arthur , actually did homage to France as King of England . Vid. Paris Edit . 〈◊〉 . vita John. Vid. Baker & Trussel . vita Rich. II. Bishop Carlisle's Speech . M. Paris vit . Joha . ad finem : primogenitum suum regni constituens 〈◊〉 . Regnumque Angliae illi jurare fecit , Literas cum sigillo suo munitas ad vice-comites & castellanos direxit ut smguli essent intendentes , & idem M. P. princip . vit . Men. 3. 〈◊〉 Defuncto Johanne convenerunt ut Henricum exaltarent . Stow says only he was 〈◊〉 by Common consent , p. 175. Vid Matt. Paris , who-told him that if his Master was dead he had left Sons and Daughters alive . Paris 1241. In clausurâ Diuturna Carceris sub arcta Custodia reservata . M. Paris Edward natus . An. 1239. Ed. mund An. 1246. Stow , says Edw. born 24 year of his Reign . Edm. in 29. So Daniel says & Baker : Fecit Iurare Fidelitatem & Ligeantiam Edwardo primogenito , suo , Paris An. 1240. Vid. Bisp . Carlisle speech , Rich. 2d . in Baker or Trussel , who says he was neither Elder or deform'd . Vid. Their own Journal Book Fol. 116. ibid. March. 1648 Vid. pag. 6 : of the brief History of Succession . Vid. Proceedings at the Old-Bayly . Vid. Dr. B. History , Fol. 20. 4 El. 246. Bracton Lib. 1. Chap. 〈◊〉 . Daniel p. 184. Stow p. 225. Vid. Rot. Parliament 50. cited p. Dr. B. Vid. Stow 224. Vid. Eikon Basil : Brief History p. 6. Principes Regni habito Concilio apud Westm. Pol. Virg. Lib. 5. In 's Epistle to Queen Eliz. Instit. Lib. 1. Tit. 26. de suspectis Tutoribus . Cokes 1 Insti . sect . 108. Daniel p. 217. Stow p. 320. Brief 〈◊〉 page . 7. It is a Maxim in Law Rexest Principium Caput , & Finis Parliamenti . Vid. Bracton Lib. 1. C. 2. Leges Anglicanae Regum Authoritate jubent . 22. E. 3.6 . Resolved the King makes Laws by the Assent of Lords and Commons . Vide Baker and Trussel agree in the same of the Bishops Speech . 3d. Vol. Chron. f. 508. 1. H. 4. 12. 52. Vid. Dr. B. p. 25. Haward p. 98. Baker p. 15 is . Vid. Baker 161. Notwithstanding all these claims Speed says he at his Death owned he had no Right to the Crown , Speed Lib. 9. Chap. 14. Philip De. Comines which wrote then , says to his Remembrance 80. of Blood Royal dy'd . If they long for the draught of Slaughter and Blood that followed this their Election of the Line of Lancaster , then look upon the lamentable List at the end of Trussel . Vide Daniel . Daniel . Vid 4 part In Stit. 46. and Jenkins Lex Terrae . p. 7. 1 Jacobi Watson & Clark. Vid , also Calvins Case , Cokes Rept . part 7. Vid. Baker 166. and Trussel . In fine vit . Hen. 4. Hen. 6th . Vid. Rot. Par. 39. H. 6. no. 10. Stow P. 49. Vid. the Par. Roll. recited at length by Dr. B. in 's History p. 30. Brief History fol. 8. 39. H. 6. Stow p. 409. To which they after diligent deliberation had and approved . Rot. Parl. 39. H. 6. vid. Stow 38. H. 6. p. 406. Stow 39. H. 6. p. 406. Buck whom he cites in R. 3d reign no good Authority , who contradicts his Murdering of his Nephews ' and makes him no way deform'd , against the sense of all Historians . But that prejudic'd Author might well flatter the Tyrantwhen one of his own name and family was the Monsiers minion and favorite by his own Confession . Vid Stow Baker . L. Bacon calls him a King in fact . only , but Tyrant in Title 1. p. Vid. 1. R. 3. the whole Record in the Exact Abridgment fol. 712. Stow p. 460. Bacon Hist. H. 7. p. 3. Ibid. page 12. Vid Bacon Hist. Brief Hist. p. 17. Vid Dyer H. 7. f. 59. The King is the head of the Parliament , Lords and Commons but Members . So no more Parliament without a King , than a body without a head . It is no Stat. if a King assent not to it . 12. H. 7.20 . 1. H. 7. f. 4. B. Town dit que le Roy , H. 6. en son readeptiondel reign tant son Parlia . & il fuit atteint & ne fuit Reverse . Al auter Justice dise que il ne fuit atteint , mes disable de son Crown &c. & dise que eo facto que ill prist 〈◊〉 luy le Royal dignity que tout il suit Void . Brief 〈◊〉 page 7. History H. 7. Brief History p. 17. It was resolv'd so by all the Judges in the Cheques Chamber , 1. H. 7. and so not extrajudicial , but that which troubles them is , that these the Kings Judges shou'd have the re-resolution of what is law which when we come 〈◊〉 Mr. Sidney's paper that complains of it too we shall prove to be 〈◊〉 〈◊〉 . Vid. Stows Ann. page 409. 406. Brief History fol. 18. 17. Edw. 4. 1. Rich. 3. Seneca in Traged . Vid Baker p. 215. An. 1477. Bishp . Godwins Histo. H. 8. p. 37. Vid. Pulton , Stat. n's 31 as incontinency was made impediment in the first Anns Case , they declared the fuant of concupiscence an Impediment in the 2ds . and only upon his sending some of his Lords to the lower house the Lady Cleves was unlawful too . Vid Stow p. 581. Baker 288. Stat : 35. H. 8. In the 33 the Parliament petition'd to him whom they knew it would please for the Attainder of Kat. Howard his 5th Queen . Malmsbury Lib. 2. c. 6. fol. 27. Jussu patris in Testamento Athelstonus in Regen acclamatus est Vid. Dr and Student p. 49 to 58. 6. Feb. 48. carried in the Neg. p. 15. voices . In the very first of her Reign there was an Act made declaring her Succession and Inheritance to be by right of Blood. Quod fieri non debet factum valet . Leg. qui in provincià Sect. divs H. de Rit . Nup. l. 4. 20. H. 3d. 35. H. 8. Stow. 609 Vid. Bishop of Hereford's last year of E. 6. Ibid. page 157. Stow , 635. 1. Eliz. c. 3. 13. Eliz. 1. Jacob. See all the 3 Votes in their Journal Book . Coke , Ch-Treason 2d . Inst. resolved by all the Judges of the Land the deposers were all Traytors . 1. Ed. 3d. 1. Hen. 4. 1. Rich. 3. Prynn's power of Parliament fol. 107. 1. Edw. 4. 1. Jacob. Pryn's . That the Parliament and Kingdom are the Sovereign power , a piece Printed by Order of the house of Commons . Notes for div A58510-e29860 Vid. Argument to the Book . Quae conveniunt uno Tertio conveniunt inter se. Page 129. Page 81. Plat. Red. Page 16. Ibid p. 20 About 80. or 81. Page 284. Papists were then Martyr'd for opposing their Kings Supremacy , Protestants the Mass , a sort of Parliament persecution destroying both . Witness the 6 Articles set forth in 31 of his Reign . Burnets Abridgment , pag. 157. Viz. The Protestant Queen . Page 20. Vid. p. 20 , 21. Plato Red. Page 21. Plutarch , Florus , Paterculus &c. He allows Moses to have had no help of any Preceeding administration , but only the aid of God himself . Pag. 29. Page 29. Genesis 1. Ibid. only Mr. Hobbs says , Fear , this Fellow , calls it Necessity made the first Government , Hobbs de cive ch . 〈◊〉 Plato , p : 31. Page 33. Page 52. On the morrow Moses sate to Judg the people Ex. 18.13 . Numb . 16. Plutarch . In Theseo . Remp. absque Regia dominatione sore si Regem se constituerent . Lucius Flor. Hist. prima aetas sub regibus fuit prope 250 per Annos . Tacit. An. Lib. 1. Urbem Romam à principio Reges habuere . Sext. Aur. de vir . Illustr . Romulus ordein'd an 100 Senators , which grew to 300 , in Fortescues time there were just so many in our House of Commons , Fortescue . C. 18. fol. 40. Coke . 4 Inst. C. 1. And had we therefore then no King , their number is greater now , and must therefore our Monarch be less . Page 37. All Lands are mediately , or immediately held of the King as Soveraign Lord. Eliz. 498. Ass. 1 13. Major singulis , minor Universis . Vid. Eliz. 498. Ass. 1. 18. Duck. de Authoritate , Lib. 1. c. 6 Vid. Cook. 1. Inst. C. 1. Predium Domini Regis est dominium directum cujus nullus Author est nisi Deus . Page 98. 99 , 100. Page 98. He call's ours a mungrel Church , from it's Innovation he means of Ceremonies . The King calls them , Adjourns , Dissolves them at his pleasure , and this long Practices prov'd from the Chronicles of our Land and its Fundamental Law. Speed , 645. 4. Inst. 27. 2. Medon . Sidney , whose very Motto , 〈◊〉 haec inimica Tyrannis . Page 114. Page 105. It is no Stat. if the King assent not , 12. H. 7. 20. H. 8. An Act. March 1657. Vid. Act of Oblivion , 51 15. Ed. 2. Great Stat. Roll. 26. H. 3. to Ed. 3. 1. Ric. 3. Exact Abridg . fol. 112. 1. R. 3. 24. H. 8. Page 103. Coke first Institutes Lib. 2d . C. 10. T. Burgage . Page 111. 4. Insti . 27. 2. 1. Inst. Sect. 164. Plato Red. page 105. Page 107. Ibid. page 108. 109. 25. Ed. 3. Plat. pag. 109. History of the Association Printed by Janeway . Page 3. Hunt in post . pag. 92 , 93. 〈…〉 Ibid. page 3. 〈…〉 Page 105. Page 107. Page 116. Ibid. Stanley's Case H. 7. 1 Edward 3. 1 C. 3. 2 Hen. 7. 4. 5. Mary . This Commission was in force , Rot par . 5. H. 4. n. 24. repealed by this 4. and 5. of P. M. but this repealing Stat. is again repealed Jacob. 1. and so of force in this King , now , as well as when they deny'd it to his Father . 2. Ed. 6. 2. C. 2d . Cook 2. Inst. 30. Car. 2. C. 6. 7. Ed. 1. Plat. pag. 124. Daniel 53. H. 3d. K. John. Henry 3. Vld. Stow page 183. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 . 〈◊〉 . 5. 〈◊〉 . 1648. Plat. pag. 130. Which has been done too as one of 〈◊〉 own Authors tells us . 〈◊〉 , in 's Centurie , Hist. 〈◊〉 , the Grand Court of Equity & 〈◊〉 moderating the common 〈◊〉 . 〈◊〉 . Crompton Jurisdiction . For more of this Courts power & practise , see 〈◊〉 & 〈◊〉 Reports . The Chancellor 〈◊〉 two Powers one absolute , the other ordinary , by the first he is not 〈◊〉 as 〈◊〉 Judges or limited 〈◊〉 the Letter of the Law. Vid. 〈◊〉 . 〈◊〉 . Cap. 20. fol. 〈◊〉 . Polldore Virg. makes the Chancellor only Coaeual with the Conqueror , but 〈◊〉 in that too as well as others . Mr. 〈◊〉 shews us they were long before in 's Orig. And so my Lord Coke also in his 4 〈◊〉 . Certain it is that both British and Saxon Kings had their Courts of Chancery . Coke 4. Inst. C. 8. Vid , Mirror C. 1. §. 3. Glanvll , lib. 12. C. 1. 〈◊〉 Lib. 2. C. 12. Vld. Reliq . Wotton p. 307. Pages 167 , 168 , 169 , &c. 〈◊〉 . Journal . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . No priviledge of Parliament holds for Treason , Felony or even Breach of the Peace 4. part Inst. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vid. Baker p. 516. An. 1641. Vid. Kings Declar. 1683. Hunt , Pla. to p. 169. Coventry Parl. 38. H. 6. declar'd Develish by 39. H. 6. 1. Edw. 4. that of Rich. 2 Treasonable . Par. Car. 1. 1641. 〈◊〉 . in Princip . C. 8. qui itaqae hujus viri rerum gestarum , rationes animo reputaret nihil aut parum in 〈◊〉 animadverteret aut fortunae asseribendum . Plato page 221. p. 234. p. 236. Making Leagues absolutely in the King , 19. Ed. 4. 239. 249. 252. Plat. 239. Plat. p. 249. Plat. 252. 〈◊〉 . Vi 〈◊〉 . 〈◊〉 . Plato p. 〈◊〉 . Cook. 4. Inst. Cap. 2. p. 53. Vid. 〈◊〉 several Rolls of Par. cited by him for it's 〈◊〉 , Rot. Par. 50. Ed. 3. n. 10. 1. 〈◊〉 . 2. 〈◊〉 . 4. &c. Rot. Claus. 12. Ed. 3. Par. 2. m. 19.39 . Ed. 3. fol. 14. Ad moderandum Regum 〈◊〉 . Calvin's 2. edit . Strasburg , 1539. Plat. page 241. 16. Car. 1. 16. Car. 2. * 4. 〈◊〉 . p. 54. ‖ Parl. 25. Car. 1. just so took upon them to search the Signet Office , and that of the Secretary , whereof the King as justly complain'd . Vid. 〈◊〉 Coventry speach to the Commons . Ibid. p. 57. Plat. page 〈◊〉 . Cook 4. c. 2 Inst. Stanford 72. F Senators sunt partes corporls Regls . Holl. fol. 169. Matt. Paris , 205. 〈◊〉 . Par. 3. H. 6. 〈◊〉 . 3. Coke . 4. Inst. p. 53. Inas c. 46. Anno 1638. Vid. Sir Will. Dugdale's short view . 45. & p. 48 , 49 , 50. Baker 406. 10. Jac. 6. Act 12. & Parl. 9. Regn. Marlae . Act 75. Plato p. 240. Plato 242. 1642. Vid. Rings Answer to the 19. propositions . Rex est principlum , caput & Finis Parl. Vld. Modus renend . Parl. & 4. Inst. fol. 3. Vid. Reliquiae Wotton . ●oscarino's case , Kingly Government has been the usage of the Land beyon'd History it self ; & the Common Law is but Common usage . Plowd . Comment p. 195 , Le Commen Ley n'est que Commen use . 2. part of the Inst. fol. 496. Kings Praerogative is part of the Law of England . Merc. Pol. Num. 107. Merc. Pol. Jun. 17. 52. Plato . Gildas B. who was born Anno 493. These were Nennius a Monk of Bangor who liv'd An. 620. Bede a Saxon , who wrot in their Heptarchy , dy'd in the 733. Asserius Menev. who writ the Acts of King Alfred . Colemannus Ang. who liv'd in the time of the Danes and Harold the first . Vortiger the British King on his own Head , call'd in the Sax , on without his Subjects consent . Egbert an absolute Monarch of the Saxons over all the Isle . Canutus as absolute among the Danes , call'd only his Convention of Nobles at Oxford about 1017. 1. Inst. §. 164. p. 110. Magn. Chart. Chart. Forrest . Stat. of Ireland made H. 3. the 1. Laws we had from their very words seem all made by the sole power of the King. No Commons mentioned in Stat. Merton , 20. H. 3. only discreet men mention'd in Stat. of Marlbrigd . 52. H. 3. But all the Commonalty is said summon'd in the praeamb . to Stat. West . 1.3 . E. 1. In Stat. Bigamy 4. Ed. 1. Stat. Mortemain 7. E. 1. Art. sup . Chart. 28. E. 1. Stat Escheat . 29. E. 3. not summon'd , 34. E. no Law to be made without Kt. and Burg. Vid. also Dr. B. Answer to P. 〈◊〉 10. But still left to the King how many of those he wou'd call . And per Stat. 7. H. 4. the 〈◊〉 was first fram'd directing 2 to be chosen for each County & Burrough . Of Antient time both Houses sate together first sever'd . a. H. 4.4 . Inst p. 2. 〈◊〉 〈◊〉 . p. 95. Jani 〈◊〉 , &c. Argument . Anti Norman . Miscel. Parl. Postscript . 〈◊〉 sup . A Priest of 〈◊〉 . Vid. Baker , Vid. Eadmerus a Monk who writ the Life of William 2d . lived in his Time. Vid. Baker p. 34. 〈◊〉 . William 2d . So also Florence of Worst . Baker p. 49. The words of a Priest lately tryed and convicted of High Treason . 3 Car. 1. 1648. 49. 51. Mercur . Pollt . n. 64. 65. Vid. Lex Terrae . An. Reg. 17 John. Vid Dr. B. Introduct . p. 72. 105. &c. p. 149. The King calls Parl. per advisam entum Concilii . Vid. Bract. Parl. 4. Inst. p. 4. and shall they suppress those by whose advice they are call'd . Bracton , l. 4. Cap. 24. §. 5. ibid. Plat. prop. 〈◊〉 . Edw. 1. 〈◊〉 Ed. 2. 〈◊〉 Ed. 2. Vid. dugd . Baker . 5. H. 4. 1. Jac. Edw. 3d. Exilium Hugon . Edw. 2. 1 Edward 3d. C. 2. * Vide Jenkins's Lix Terrae first Edit . p. 5. † Vid. Parl. Declarations . 41. p. 4. ‖ And Proceeding of L. 〈◊〉 in the Old-Bayly . In three several Places in Plowden they are made inseparable , p. 234. 242. 213. Corps politick include le Corps natural . Son Corps politick & natural sont indivisible Ceux Deux Corps Sont as encorporate une Person . * Ed. 2. in whose time 't was first started . Vid Lex Terrae , Rich. 2. because by misdemeanours he had made himself uncapable Vide Trussel . * Charles the 1st . the Parliament declares because the King had not granted the Propositions ; ( i. e. ) deposed himself , he could not Exercise the Duties of his place . Answer of the Com. to the Scots Com. p. 20. and the Scots expound their preserving the Kings Person in the Covenant ; but as it related to the Kingdom ( i. e. ) in English , if they please they may destroy him . * Vid. Cook 4. Inst. C. 2. † 25. Ed. 3. * Vid. Tryal of the Regicides . page 50. * Vid. Ibid pag. 52. † This was pleaded too by Carew p. 76. Treasonable words sworn against Scot. spoken in Parliament , he pleads Priviledges of the House for speaking Treason , tho 't is expressly declared not pleadable , no not so much as for the breach of the Peace . 17. Ed. 4. Rot. Parliament . N. 39. Tryal of the Regicides . pag. 52 * Answer of the Commons to the Scots Com. that the King had 〈◊〉 the executing the Duties of his Place , and therefore could not be left to go where he pleased . Anno. 1646. Imprint . Lond. p. 20. * Parliam . Roll. Num. 〈◊〉 . Lex & Consuetudo Parl. 25. Ed. 3. El. 1 Jac. ‖ H. post . sc. p. 89. † Ibid p. 〈◊〉 * Salmasius has the same sort of simile . page 353. defensio 〈◊〉 . * Hunt. page 94. † 21. Ed. 4. 13 , 14. and noted . Cat●●●'s Case . ‖ Act for Regulating Corporations , where they particularly swear , they abhor the Trayterous Proposition of raising Arms by His Majesties Authority against His Person . * 1. H. 4. ‖ 2 H. 5. Cap. 6. † 32. H. 6. 13. 〈◊〉 . 334. * 22. Ed. 4. ‖ 1 Edw. 5. fol. 2. * So also in Syracuse . ‖ Vid Mercur . polit . June 17. 1652. * Rosin . Ant. Rom. L. 7. C. 9. † Consulum immoderata 〈◊〉 omnes metus Legum 〈◊〉 . Liv. Lib. 2. * He can't so much as be a disscisor 4. El. 2. 4.6 . The King has no Pcer in the Land , and so cannot be Judged , 3. Ed. 3. 19. * Vid. Exact Abridgment fol. 713. † Vid. 〈◊〉 717. * 1. R. C. 15. * H. 7. H. 8. ‖ 12. H. 7. 20. 7. H. 7. 14. * Vld. 4. Inst. Baker page 248. † H. 8. * 1 Car 3. ‖ 25. H. 8. C. 21. † Plato . ‖ 5 〈◊〉 . 〈◊〉 . c. 11. † 〈◊〉 . 〈◊〉 117. * pag. 237. * 1. Mar. c. 2. ‖ 1 El. c. 1. † Jac. c. 1. ‖ K. 〈◊〉 his Collect. 〈◊〉 . 1. part 〈◊〉 . 728. † Vid. wil. Prynns 〈◊〉 . right to elect . privy 〈◊〉 〈◊〉 . ‖ Vid. his Memento to Juncto , for the † 2d . his Parliaments Soveraigns Power . For the * 3d. his Lords , Bishops , none of the Lords , Bishops or the Buckle of the Canonical Girdle turned behind . * Vid. Answer of our English 〈◊〉 〈◊〉 to the Scots Commissioners . The Scots reply from their Camp at Newark . The Members to the Army . The Armies Answer to the Members . The Scots Remonst . to the Army . The Armies reply . An. From 41. to 48. Pamphlets or waste Papers . 125. * Act for Regulating Corporations . † Vid. Plat. Parl. of Commons begun with H. 3. within 400 y. Kings in Caesars time 1000 y. since . ‖ Deliberaturi de arduis . 4 Inst. 2. p. * Plato . ‖ Cook 5. fol. 62. 9. Ed. 4. Cook 8. f. 145. ‖ 3 El. Dyer 187. Cook 4 Inst. c. 7. p. 73. * Ibid. p. 74. † 32. H. 6. 13. ‖ Plowden 334. * Pollid . Virg. † 4 Inst. 6. 8. ibid. * Mirror c. 1. §. 12. Fleta . l. 12. c. 1. Glanvil . l. 12. c. 1. and all the most ancient Lawyers speak of it . Plato . ‖ Prvn's Parl. right to elect great Officers and Judges . * An. Reg. H. 3. 22. Dom. 1230. Vid. Baker p. 84 , 85 , 86. Vid. Stow. ‖ Vid. Davila . pag. 482. ‖ 5 Aug. 1653. Vid. Scob. Coll. * Plat. Red. † Vid. Exact Relation of the Parl. Dissolved . Decemb . 53. Plat. p. 130. * Vid. Exact Relation of the Proceedings of the Parl. 〈◊〉 , Vid. Decemb. 12. 53. ‖ Et pur ceo que nous ne 〈◊〉 in nostre propre Person Oyer & Terminer , &c. Vide 〈◊〉 . f. 〈◊〉 . Vid. 〈◊〉 . 〈◊〉 . 〈◊〉 . * Vid. Bishops Right , and Discousre of Peerage 81. ‖ Vid. 〈◊〉 Libel on the 〈◊〉 . and 〈◊〉 in England . * Vid. Leighton's Sions Plea. 〈◊〉 , ed 1636. * Beda tells us Augustine the Monk called one of the Britain Bishops . An. Dom. 686. King 〈◊〉 , a Convocation of Cletgy An. Dom. 727. of the Saxons . ‖ The very Words of their Vote against the Cannons Vid. Journal . † Register F. N. B. 4. Inst. p. 322. c. 71. * Vid. 25. H. 8. for their Antiquity . see Bractonl . 3. f. 123. Hol. 303. 6. H. 3. Rot p. 18. Ed. 3. ‖ 26. H. 8. c. 1. † Hls Discourse of Peerage . London 1679. whom Hunt himself could oppose . 1641. ‖ Mildmay's Oath taken 15. of Junt 43. Scob. Col. page 42. * L. 〈◊〉 , Letter . ‖ 〈◊〉 of Peerage 16. 89. p. 〈◊〉 . 〈◊〉 . Hollis . † Plat. pag. 237. the 5. Proposition . * 35. of 〈◊〉 . petition'd to be 〈◊〉 too in the late Rebellion , and actually was 〈◊〉 . Act for relief of peaceable 〈◊〉 , against the Rigor of former Stat. 27. sept . 16 57. ‖ Lord F. Speech to the Com. 1641. upon Commitment of the London Petition . † L. Digby's Speech to the Com. upon the same . Vid. Lord Newark's Speech . yet Assembly of Divines declared it against the Acts of all reformed Churches . ‖ Vid. Eusch. Lib. 4. c. 5. 6. who tells us Constant 〈◊〉 In his Expedition , against the 〈◊〉 had his Bishops about him to consult in a Council of War. and is their judging now in Capitals a Crime ? I am sure that other was a more Bloody Business . ‖ An. Dom. 686. Cook 4. Inst. C. 74. pag. 322. * Leg. A. thelst . C. 11. Episcopo jure pertiner . omnem 〈◊〉 promovere Del & seculi , omne Legis scitum & Burgi mensuram Spelm. p. 402. ‖ Plat. p. 101. Kings Writ of Summons runs cum Prelatis , colloquium habere . * Vid. 1. Inst. p. 110 ‖ Modus tenend . Parl. † Vid. Magna . Charta the 1st . thing in the first Chap. Articuli cleri-Vid . Cook Com. on both 2. Inst. * Stratford Arch-bishop . Ed. 3. 19. Jacob. 1621. ‖ Dudgdale's short View . 21. * Rusworth Col. p. 40. † Burnet's Abridgm . 236. ‖ 2. H. 5. c. 6. ‖ 22. Edw. 4. Fitz. Jurisd . * 〈◊〉 Charta . * Pryn's Parliam . Interest in the Militia . ‖ 12. Car. 〈◊〉 . c. 12. * 7. Ed. 1. c. 1. ‖ 1. Ed. 2. † 1. Ed. 3. * 4. H. 4. ‖ 2. Ed. 6. c. 11. * 4. 5. Mar. c. 3. † 1. Jacob. * Lord Cook 4. Inst. ‖ Die Mer. 12. maji . 41. Vid. Journal and last p. Cook 2. Inst. † 20. Jun. exact Col. p. 372. 1 July exact Col. p. 386. Vid. also Dugd. p. 97. ‖ This Declaration expressly against the very Words , of 11. H. 7. Cap. 1. * 17. May exact Col. 193. ‖ Si nos ab duxerlmus vel Miserimus eum in exercitum , sit quletus de Custodia Castri . char . c. 20. Statute 〈◊〉 , & 2. Inst. 34. * Castle-gaurd an old Service alway due to the King , 〈◊〉 . Inst. 70. 111. 121. till such Services were taken away 12. Car 2d . ‖ Brook Treason 24. * Parl. 1641. Vid. Exact Coll. p. 123. 21. Mart. 22. Martii . † Cooke . 1. Inst. pag 5. A. * 2d . Inst. Comment . Chart. Chap. 15. ‖ 13. Car. 2d . Chap 6. Vid. the same repeated 14. Car 2. c. 3. † Plato p. 239. 240. 277. ‖ 3. Ed. 3. 19. † 11. Rich. 〈◊〉 . * 4 Feb. 1651. Scob. Col. pag. 178. † Vid. vote Journal 6. Feb. 1648. Vid. Histindepend pag. 15. & perfect Diurnal p. 1250. † See the List of their Lordships in Dugd. view pag. 454. * Vid. Engagement and Protectors Oath . † Their 19th . Proposition to the King at York . * The First Feb. 6. 1648. ‖ The Second 4. Feb. 51. † 17. Ed. 4. an Act for 〈◊〉 Nevil Marquess Montague , Because not sufficient for the maintaining the Dignity ( adding ) that Men of mean Birth preferred to Honor , promote all manner of Injustice . ‖ 2. Car. 1. † Postquam ad Curam Principis Magistratuum creatio pertinere cepit , &c. D. 48. 141. Ordinis vero cujusque arbitrium primo Penes Imperatorem . Zouch . de jure milit . nobilitat . pars 2. Sect. 2. † Sacrllegli instar sit dubitare An is Dignus sit quem Princeps elegit C. 19.20.3 . † Vid. Coke Calv. Case . fol. 15. Coke 7. fol. 33. None but Peers of the Realm to sit In House of Peers , 〈◊〉 Peer to be made but by the King. * Rich. 2d . Plat. pag. 116. Barons Cotton's view of Henry 3d. * M. Paris pag. 807. † Baker p. 86. Leaguers . * See their History written in Italian , by D'avila , in Lat. by Touanus ; in French by D' Aubigm ; in English a Translation by Mr. 〈◊〉 . Rebellion In Car. 1. * Vid. even Rushw. Coll. p. 40. ‖ Exact Coll. p. 123. 21. Mart. * Plot in Carol 2d . ‖ Vid. com . Remonstrances . 79. 80. † Proceeding Old-Bayly . * Rouse's Tryal . ‖ Sydney's Tryal . * Parl. 〈◊〉 Cook 's Insti . part . 3. p. 2. ‖ 50. Ed. 3.4 . Inst. p. 2. † 12. Car. 2. Cap. 12. Notes for div A58510-e75890 * pag. 8. 9. * 1. Gen. verse 18. † 1. Pet. 2. 13. ‖ Rom. C. 13. 2. * Bellarmine de Laicis l. 3. c. 6. † Buch. de Jure Regni p. 11. ‖ Doleman l. 1. C. 3. * Knox Hist. 372. 343. * Suarez defen . Fid. Cath. l. 3. C. 3. ‖ Calvin's preface to instit . 2d . Edit . † Mariana de Reg. & Reg. Inst. l. 1. C. 6. 59. * Bez. 60. 216. Confessions : * Postscr . p. 10 , 11. * Vid. Journal Mar. 1648. † From p. 13. to 28. * Vide Printed Votes of the House of Comm. * Vid. Russel's Speech . * pag. 39. ‖ pag. 49. ‖ Vid. quel Impositions le Roy poit grant sans Parlm . Roll. Abr. 171. Le Roy poit Charge le sujet lou per benefit del Sujet sans Parl. 1. H. 4. 14. Roll. 2d . Abr. 171. Les Commons Priont was wont to be a Form Croke . 2d . part . 37. * Bract. Lib. 1. C. 2. * Lords Spiritual , Lords Temporal , and Com. the three Estates . Cook. 4. Inst. of Par. the very first Leaf and Line , and won't they believe their own Oracle ? ‖ Strafford's Bill of Attainder . * Postser . p. 55. ‖ Parl. 12. Ch. 2d . C. 12. † Cook 4. Inst. C. 1. p. 36. huic nec metas rerum , nec tempora 〈◊〉 * pag. 37. ‖ Earl of Essex 35. H. 8. * Magna Charta C. 29. 5. Edw. 3. C. 9. 28. Edw. 3 C. 5. ‖ The Manner of the Romans , was to see Accusers Face to Face , and Answer , ( if you believe the Bible ) Acts 25. v. 16. Matt. Paris vita R. Johan . 275. incivile videtur & contra Canones in absentem ferre Sententiam . † Deutrinomy Chapter xjx . Verse jv . The Almighty provides for the Prisoner's Defence . * My Lord Digby , with several others . Vid. Rot. Parl. 2d . H. 6. num . 18. * But of these says he , Auferat Oblivio ( si potest ) si non , ut cunque silentium tegat 4 Inst. p. 37. Postscript p. 74. ‖ Stanford 2. 101. † 2. Jacob. Term. Hill. Cook. Lib. 7. ‖ 1. Henry the Seventh Fol. 4. Que Le Roy est Person dis charge D'ascun Attainder . quil prist sur luy le Reign & estre Roy. † 5. Ed. 3. * 1. Jacob. ‖ Posticr . pag. 〈◊〉 . 1. Jacob. Postscript pag. 55. * Buch. 〈◊〉 Reg. p. 〈◊〉 . 62. † Hottom . de 〈◊〉 . L. cum quis C. 16. de natur . Lib. * Vid Welden's Court ad finem . ‖ Postscr . l. p. 63. Ficleney a supposed Romish Priest , tho he railed against Pope and Mass , which might be pretended and affected Puritanism . * P. 68.88 . * Pag. 148 , 149. p. 46. 61. * Pryn's power of Parliam . ‖ Plato Red. Hunt p. 50. * pag. 47. ‖ Consilium impensuri . the Words of the Barons Writ . 4. Inst. p. 4. ‖ Plato Redivivus . * Vid. Brit. Fol. 1.4 . Inst. 70. ‖ 8. H. 4. 19. * Coke 1st . Inst. Corp. * Pour Reparation del ' Eglise d'an haut voy , &c. 44. Edw. 3. 19. ‖ Bracton l. 1. c. 9. † Fleta l. 1 c. 17. * Pryn's Treatise for the Peoples Legislative . * Ibid. ‖ 12. H. 7. 20. Ceke 1. Inst. p. 1. † 25. Ed. 3. Treason to destroy the Heir of the Crown . * Pryn his Treatise ibid. ‖ 〈◊〉 pag. 51. * Vid. Camb. vit . Eliz. 106. Edocta suit quantum emineat a successore designato periculum . * Hunt's Phraseology , pag. 94. * Vide Bradsh . K. Tryal . * 31. H. 8. * Vid. Burnet's Abr. * Barnet's 〈◊〉 . C ! 3. 229. * 1 Rich. 3. ‖ 28. H. c. 7. Rast. 4. * This was the Opinion of Sir Thomas Moor too , and the Brief History might have cited this too , as he does another Opinion of this prevaricating Papist for his purpose . † Vid. Brief History p. 18. Burnets Abrig . p. 313. ‖ Page 50. Vid. Declaration of Lords and Commons about the Kings Coronation Oath Parl. 41. * Hunt and Pryn. ‖ 〈◊〉 justas legis esse tenendas , &c. Quas Vulgus elegerit . Rot. Parl. H. 4. * Coke 7. 106. 11. Calvin's Case . Watson & Clarks 1. Jae . Coke 7. fol. 30. ‖ Vid. 3. Inst. his Parliamentum insanum . * Car. 1. An. Parl. 41. ‖ Vid. their 19. propositions . † Regn. Car. 1. Car. 2. * 1. H. 4. * 1. Jacob. * 2. H. 5. 1. Jacob. 1. 1. Car. 1. c. 7. * Vid. Hist. Independeny . pag. 115. 17. March 48. Scob. Coll. ptg. 7 , 8. * Postscr . page 8. ‖ Plat. page 109 * Vide Considerations upon the Question London 1677. The dissolver . The Letter of my Lord Shaftsbury . ‖ 35. Ed. 3. † 4. Ed. 3. c. 14. * Vid. Courantier 4. Volum . Numb . 30. ‖ 4. Ed. 3. c. 3. 14. † Mirror C. 1. Lib. 3. * Le common Ley est common Usage Plowdens Com. 195. ‖ Dr. and Stud. 2. c. 2. lib. * 2d part . Inst. 496. tells us so in terminis . By the Common Law it is the Kings Prerogative , quod nullum Tempus occurret L. Coke Lit. p. 344. ‖ Stanfor . l. 2. 101. * Speed 645. Inst. 27. 2. † 2. Ed. 3. c. 2. of King's not pardoning Felons so Also 4. Ed. 3. c. 13. The 〈◊〉 of that other . * 16. Cap. 2. c. 1. that repeals 16. Car. 1. c. 1. ‖ Vid. Preamble to 16. Car. 2. c. 1. ‖ Vid. Seasonable Question and an useful Answer , Printed about 77. by a Bencher of the Temple . * 16. Car. 2. * Venner and his Fifth Monarchy Men. * Vid. Brief Narrative of the Tryal of Tongue , Stubs , &c. Lon. 1661. * 1. Jacob. Term. Hill. Coke l. 7. * 16. Car. 2. * Cook himself says , it is a Maxim in the Law of Parliament that later Laws Abrogate the former that are contrary to them . 4. Inst C. 1. pag. 43. * Hunt postscript pag. 46. 48 , 49. ‖ Cardinal of Winchesters Case , who came from Flanders to purge himself before Parliament , of Treason , as only the Roll of Henry the Sixth says , but Consult the History , it appears he had some of the King 's Jewe's gaged to him , which the King stopt from going after him , &c. 4. Inst. 7. p. 42. * 36. Ed. 3. cap. 11. * Page 60. 69.70 . 86. 87 , 88 , 89. * His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Pet. 2. 13. † Fox Vol. 3. p. 515. ‖ Vid. Dissenters sayings . Pryn's Parliament Right to elect Officers . 〈◊〉 p. 239. * Galat. 6. vers . 15. Pro humano genere . Beza upon that very place . * Verse 14. V. 17. * Posts . p. 60. * Hunt p. 85. * Actually done too in Westminster-Hall by the instigation of Hugh Peters . Vid. Dugdales view p. 370. * Posts . p. 88. ‖ H. 4. 〈◊〉 . 3. * Vid. Paper at his Execution . * Verse 15. Page 50. * Postscript p. 52. all the following Casesmost absurdly apply'd , and all make against his own Cause . ‖ 7. H. 4. c. 2. Hen. 4th entails declar'd void viz. upon the Claim of Richard Duke of York . † Vid. B. Carlisles Speech , H. 4. in Baker and Trussel , H. 4ths Deposers , Traytors within 25 Coke Treason . * Vid. 1. Ed. 4. Rot. par . 9. 10 , 11 , 12. ‖ Vid. Rot. par . 39. H. 6. n. 11. * 1. Ed. 4. Rot. ut supra . Rich. the 3d and deposers of Ed. 5. Traitors by Law within Stat. 25. Ed 3d Inst. c. 1. Treason . ‖ 13. Eliz. † Hunt's Postscript page 51. * Cambd. vit . Eliz. ‖ Besides had he Consulted other Books before he writ his own , by what appears by Keeble Stat. that very Act is expir'd , ofno Force ; and so he has made himself a Knave in Fact , as well as Fool in Application . * Postscript p. 71 , 72. ‖ 1. Ed. 4. 〈◊〉 . p. n. 9 , 10 , &c. ‖ Exact Abridg. fol. 713. Rot. R. 3. * 1. Elz. c. 3. † 1. Jac. c. 1. * Posts . p. 87. ‖ Gervasius Doroberbensis Coll. 133. 30. † Bracton l. 4. c. 24. Sect. 5. * Dr. Burnet tells us H. 8. declared upon a dispute about Ecclesiastical 〈◊〉 very warmly , that by the Ordinance of God , he was King , Hist. Reform . l. 1. pt . 1. fol. 17. Either the Dr. lyes , or Harry the 8th , or this Doctrine is not so new , but 200. year old . Pryn's Par ' . right , &c. * Postscr . pag. 〈◊〉 . ‖ Postscr . l. p. 72. Cowel Instit . l. 2. Tit. 3. De Exhaeredatione . * Coke 4. Inst. p. 19. 3. ‖ Consult these Daemagogue ; Darling , Coke himself on the Case . 4. Inst. c. 1. page 3. are his own words . The more high and absolute the Jurisdiction of this Court is ; the more just and Honourable it ought to be in it's proceeding , and give Example of Justice to the Inferior Court. * Mortimers 2. Harry the 6. Cromwells 32. Hen. 8. ‖ Strafford 5. Car. 1. reverst 14. Car. 2. c. 29. Kerby and Algore's Case , was of this nature but very hard upon the 25. of Ed. in 〈◊〉 . 2. time . Notes for div A58510-e98180 * Vid. Foxe's Martyrology . pag. 1534. * An Esq in Divinity , or the Divine Squire , one Ramsey ( that writ himself so , and B , D. beside I remember ) Printed the first , a pretty piece of popular Nonsense . * Their Association . * Godwin in vita Mariae . * p. 7. * So they murder'd at Pomfret Rich 2d . ‖ Vid. Baker p. 155. Stow says , it was with a kind of death never heard of here p. 325. tho Walsingham would have it with Pining . * p. 9. ‖ Erected 1. Eliz. p. Letters , Pattents . † One Johnson Simpson's Case at the Assizes of North. ampton . * Coke R. 12. pt . p. 49. Vid. also the same Case , 4. Inst. Cap. 74. p. 333. But as quick as Mr. Johnson jumbles up the the business , the 〈◊〉 defer'd their Judgment till the next Assize , and then perhaps the emulation there is , and always was between the two Courts ; made their Lordships at last a little Partial . Brownlows 2d pt . p. 15. 〈◊〉 Case 42. Eliz. * Vid. Pleas of the Crown Hales . * Besides 't is observable the Judges at that time had a particular pique to the power of that Court which they thought invaded theirs , and might be very ready to give Judgment against them in Criminal Matters ; as well as Plague y'm with their Prohibitions in Civil and as they were then great Foes ; so my Lord Coke in his discourse upon the Court is but little their Friend . * So much were the people postest against the Power of that Court , in King Charles the First 's time , that 2000. Brownists broke into St. Pauls where it was sitting , beat down all the Benches , and Bawling No Bishops , No Commission . Vid. Dugd. view . * In Q. Mary's Reign first the Parliament supplicated the Pope for pardon and promise a Return to Popery . Vid , both Baker and Burnet . * Pacius In Instit. Prolegom . p. 1. * Sir James Hales Judge Court Com. Pleas Sir John Baker . Chancel . Excheq . Vid. 〈◊〉 pag. 311. ‖ Goodwin in Vitâ Mariae . Julian p. 19 , 20. & 11. * Non est Haeres Viventis . * And even that is allow'd by Hunt in his Postscript , pag. 74. Vid. Vote of the house in the Journal , 1648. Vid. Form of Oath of Allegiance and Supremacy . ‖ Vid. King's Speech to the Parliament there . * Julian pag. 19 , 20. Page 19. * A Treatise perswading Obedience in Lawful things ; to Authority tho , unlawful . Printed London about 1649 Ibid. Page 10. Ibid. Page 12. * Vid. Also a Religious Demurrer about submission to the present Power Printed London . 1649. * Julian , pag. 12. Anno Mariae . 1. Julian , p. 12. * Vid. 〈◊〉 . ‖ Julian p. 11. * Wilkinsou of Court 〈◊〉 4th Edit p. 298. * Jul. p. 20 , 21. Jul. p. 20. * Non est Haeres Viventis . * 25. Ed. 3. cap. 2. Jul. pag. 20. * Vid. Britton , & Coke cap. Treason . ‖ 3. Ins. l. 1. p. 9. * My Lord Hales Pleas of the Crown Ist. Edit . † 25. Ed. 3. * Vid Jul. pag. 19. * Vid. Jrlian the Apostate . Post. p. 47. * Brief History of Succession . Page 〈◊〉 † 22. Aug. 1554. ‖ Vid Burnets Abridgment 2d . pt . 3. l. * Baker , p. 329. * Jul. p. 39. pag. 35. pag. 33. 38. Exclusion . † Vid 〈◊〉 Inquiry B. R. * Jul. Vid. Argile's Declaration , his Majesties first Speech . De jure magist . p. 94. Quaest. 10. Jul. p. 7. Edictis Legitimis & Rogatis . p. 101. Publicum Religionis Christanae exercitum quispiam eorum nunquam concesserat . p. 101. * 〈◊〉 meretrico Sanguinariā . p. 98 , 99. Ut illi non fas sit cam pro arbitrio suo , & sine causae Cognitione abrogare , sed eadem Authoritate tantum inter cedecente ; quā abinitio sancita suit pag. 100. page 18. That Author laughs too , as well as Julian at the Martyrdom of the Thebaean Legion . * Jul. p. 5. An Liceat resistere Prinicipegem Dei violanti & Ecclesiam vastanti . 〈◊〉 Juni . Brut. quaest 2d . ‖ De jure Magis trattuum . * 1. Sam. 31. † 2. Sam. c. 2. ‖ Sam. c. ult . † 2. Chro. c. 21. 2. Chron. c. 33. * Junius . Brutus quest . 2. p. 37. * Haec scriptura nobis definiet , & quod populo Judaico licuit ; imo quod in 〈◊〉 fuit nemo negabit quin idem populo Christiano , &c. Junius Brutus quaest 2. Notes for div A58510-e109650 * Junius Brutus , Vindiciae contra Tyrannos , 1577. † Ficleny de Mag. 1576. ‖ Harringtons Oceana . † Needham's , Merc. Pol. ‖ Plato Redivivus . † Sidney's Systeme . * Vid. his Tryal p. 23. ‖ Vid. Paper at his Execution . * Vid. Tryal . pag. 23. ‖ Generali Lege decernitur nemidem sibi esse Judicem 6. 3. 5. 1. * Nemo Idoneus testis in re 〈◊〉 Intelligitur D. 22. 5. 10. * Ocaeana p. 15. † Ibid p. 20. * Junius 〈◊〉 vind . cont . Tyran . Intelligimus Magistratus , quasi Regum Ephoros , &c. 〈◊〉 in Regno Israelitico , denique Praefectos , Centuriones & Caeteros . Vid. 6. 37. Quaest. 2. Rex Qui pactum perfide violat , hujus faederis seu pacti Regni officicurii Vindices & Custodes sunt . Quaest. 4. pag. 169. ‖ Populi ordines jus sibi retinuisse fraenandorum Principum , &c. Quod ni secerint perfidi in Deum & patriam habeantur . De Jure Magistratuum . Quaest. 6. pag. 73. Edit . Francfurt . Neque supremum Magistratum pro privatis delictis Coercere , quae proprie Personalia sunt . ibid. * Publisher to the Reader . ‖ Harrington in his Epitome of the whole Common-wealth . Oceana pag. 278. * Marchion . Needham , the supposed Author of Merc. Pol. † The Brutish Principles of Monarchy . Merc. Pol. Numb . 92. March 11. 1652. * Ibid. ‖ Plat. Red. page 39. Brutus's Vindiclae quest . 4. p. 169. ut singuli Principe 〈◊〉 sunt , 〈◊〉 universi superiore ; or Rex major singulis minor universis , 〈◊〉 〈◊〉 〈◊〉 . * Postscr . page 71. ‖ Page 73. ‖ Ibid pag. 73. Will. 〈◊〉 against the King's 〈◊〉 voice . Tryal page 23. ‖ Ibid. p. 23. The words of a late learn'd & Loyal Lawyer of our own , are expresly , the same ; Persons must not be Judg'd and 〈◊〉 . Jenkins Lex . 〈◊〉 Ed. 〈◊〉 48. Page 16. Vindiciae Quest. 2. Falsa est conclusio non debuisse poenas de 〈◊〉 , aliquo sumi , quia semel sumpte non sunt , de jure . Magist. Franckfort page 72. Quest. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ethic. Lib. 8. c. 12. * Treatise of Monarchy , p. 28. * Vid 4. Eliz. 2. 46. Ne poet estre diseisor ne faire ascun tort . also 4. Ed. 4. 25. B. ‖ Sir Walt. Raleigh . History of the World. So the Civilians ( as Baulus says ) the Prince does do well to observe those Laws to which he is not 〈◊〉 . Decet tamen Principē servare Leges , quibus ipse solutus est , ut inquit Paulus d. 32.1.23 . Merc. pol. Num. 65. 1. Samuel C. 8. verse 11 , 12 , &c. Verse 18. Tyrannus est qui exteros in praesidiis collo cat Vindiciae quest . 3. Page 139 , 140. Raleigh Hist. Chap. 16. §. 1. Postscript pag. 68 , 69. Merc. Pol. 〈◊〉 . 92. Pedes elevabuntur supra Caput . part of the Oxford Oracle . Vid. Baker . ‖ And even Homer a Heathen was of that Opinion . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hos. Theog . v. 96. Gen. 1. verse 16. * Imperator solus & Conditor , & interpres Legis , Zouch . Element . part 4. §. 4. p. 103. and c. 1. 14. 12. ‖ Quod princi . placuit Legis vigorem habet , D. 1. 4. 1. * Sacrilegii instar est principis rescripto obviare C. 1. 23. 5. † In 〈◊〉 Imperatoris excipitur fortuna , cui ipsas Leges Deus Subjecit , Nov. 105. 2. † Si summo dare urgetur , ad Regem provocato . Lambert in his Laws Edgar . 1. 23. 5. * Quod principi 〈◊〉 Dig. 1. 4. 1. The words of Bracton Chief Justice in Henry the 3d's time . Rex & non alius debet Judicare , and in another place . Illius est Interpretari cujus est Condere . ‖ Britton that Bishop of Hereford ; by order of Ed. 1. pen'd a Book of Laws , tells us 't is the Kings will that his jurisdiction and Judgment be above all in the Realm . * Hen. 8. Britton , & Bract. Vid. Sucron . In. vitas . Decet tamen Principem inquit Paulus Leges servare quibus ipse solutus . D. 32. 1. 23. * Fiat Justitia ruat Coelum . ‖ Vid. Paper of the Proceedings upon Armstrong his Outlawry . * 'T is a receiv'd rule among civil Lawyers , and may be well among our own : That a King can't in Law alienate his Crown ; and that if it were Actually done it were de Facto void ; besides if the Subject was freed in that Case , it would be the result of the Soveraigns Act. ‖ That alienation of King John was suppos'dto have been an Act of State , and it has been adjudg'd particularly by particular Parliaments , That even a Statute for that purpose made would be of no 〈◊〉 : It was resolv'd 〈◊〉 Scotland too . * Posts . C. p. 113. ‖ Princeps . Pater patriae est , D. 1. 4. 1. Atrocius est Patriae parentem quam 〈◊〉 occi dere , Cicero . in Philip . 2d . * I 've said yee are Gods. Psalms . ‖ Hunt allows that himself posts . p. 95. † Postquam populus Romanus Lege Regiâ in principem omne suum Imperium & potestatem solum Contulit , ex illâ non , sub diti sed etiam Magistratus ipsi subiiciuntur . Zouch . Elem. p. 101. * Edward the 3d. ‖ Magn. Chart. cap. 29. No Freeman will we Imprison , or Condemn , but by Lawful Judgment of his Peers . Per parium juorum Legale Judicium : And my Lord Coke tells us they are to be understood of Peers of the Realm only when a Peer is to be try'd . Comment upon the very words . 2. Inst. which he more fully explains in 's Comment , on the 14. Chap. of Char. where he says pares is by his Peers or Equals , for as the Nobles are understood by that word to be all equal ; so are all the Commons too , ib. p. 29. Where note the form of this very Charter runs all in the sole 〈◊〉 of the King. 24. H. 8. c. 12. † Vid. 1. Ed. 5. fol. 2. Si Le Roy moy dissei sit pur ceo que Le Roy en le ley ne poit moy disseisir il né serrá appell . disseisor , mes jeo sue mis a petition à Roy. 4. Ed. 4. 25. 13. * Coke Comon . West . 1. 2. Inst. p. 158. ‖ Stat. to pursue suggestious , 37. E. 3. c. 18. 38. Ed. 3. c. 9. Parl. Glocester 2. Ric. 2. Brief History of Succession p. 7. † Plato Rediviv . p. 116. 234. † Plato Rediviv . p. 116. 234. March. Needham , Merc. Polit . n. 65. Sept 4. 1651. Hollinshed 3d. Vol. Chron. F. 508. N. 50. How 's Annals p. 277. Vid. Trussel in vit . R. 2. Parl. Glocest . His deposers within the 25 of Ed. Coke . Treason . * Mag. Chart. 9. H. 3. c. 29. & Cap. 14. ‖ 2 Inst. pag. 49. † The writ of Conviction was the same with an Attaint , and that was by Common Law too . Coke 2. Inst. p. 130. Vid. 3. Inst. p. 222. & 1. Inst. pag. 294. 13. and tho this Judgment is given by no stat . yet there are several Stat. that 〈◊〉 penalty and that even in trespass where damages but 40. sh. 5. E. 3. Chap. 7. Vid. also 〈◊〉 . E. 3. c. 8. 〈◊〉 . E. 3. c. 4. 13. R. 2. and several other Stat. in H. 4 , 5 , 6 , 7 , 8th . times about it . * Vid. Lilburn's Tryal . 24. Oct. 1649. Printed the 28. of November 1649. Page 3. Ib. p. 121. Ibid. pag. 122 , 113. That contradicts directly out of their own Mouth the Doctrine of William Pryn , of his Parliaments Right to it Littleton Sect. 368. Coke Com. ibid. Prideaux . Liburn's Tryal . page 17. Ibid. page 123 † 13. R. 2. † It is the most Honorable Court , the Parliam . excepted that is in the Christian World , of Honorable Proceeding , just Jurisdiction ; A Court that kept all England in quiet , Coke 4 Inst. p. 65. and so it did till abolish'd by the Tumults of a Parliam . An. 1641. page . ‖ Coke 4. Inst. C. 5. † 3. H. 7. c. 1. ‖ Cambden Britt . 130. Coke 4. Inst. p. 65. 63. ne dignitas hujus Curiae vilesceret . Verney's Case . 34. H. 6. Rot. 37. ‖ 'T is that which gives them Life as I have shown before , and makes them any thing besides waste Paper , And the Judicious Hooker in his politicks , seems to be of the same opinion , when he says , Laws take their force not from those that devise them ; but from the power that gives them the strength of Laws . † The seven Kingdoms of the Saxons , had all their Laws made by their 7. several Soveraigns , of which confuss'd number the Confessor cull'd out the best , and call'd them after his own name , St. Edward ; so did also the other Saxon and Danes Kings their own ; after theirs , as you see in Lambert's Book of Laws . ‖ Omne malum ab aquilone . * pag. 21. ‖ Tryal . p. 23. §. 2. † Magn. Chart. 9. H. 3. know ye that we of our mere will have given &c. Chart. Forest. 9. H. 3. begins also with a we will. Stat. Hiber . 14. H. 3. only a mere Order of the King to the Son of Maurice his Judge there ; the words we command you , Witness my self . Note that was even concerning Free-hold ; and a Case of Co-parcenary . The Stat. Bisex . 21. H. 3. tho concerning pleading , and Common Law , but an Order of the King to his Judges ; for the words are we ordain and Command you . Stat. Assiza . 51. H. 3. The King to whom all these shall come greeting . de scacc . the King Commandeth . † 31. Hen. 8. c. 8. Stat. Mert. 6. The King our Lord providing , hath made these Acts , 2d . Inst. p. 101. Westm. 1. 3. Ed. 1. 1. The King willeth and commandeth . Stat. Gavelet even of altering the writ , which they say can't be done but in Parliament , Enacted by the King and his Justices . 10. E. 2. Stat. E. 3. several say ; we will , we ordain so also several , R. 2. H. 8 * Coke 4. Inst. c. 1. Parl. † 34. H. 8. c. 25. ‖ 1. Ed. 4. c. 12. Plato Rediv . That the form . 1. H. 4. H. 5. H. 6. Ed. 4. 〈◊〉 . 3. Then begins the other . 1. H. 7. H. 8. Ed. 6. Q. Mar. Q. El. Jac. 1. Wil. 〈◊〉 Power of Parliam . Exact Abridgem . Fol. 117. p. 1. H. 3. Keeble Stat. 1. El. C. 3. and does not their own Oracle tell them so L. Coke 4 Inst. C. 1. Parliam . H. 6. 4. Inst. Stat. de Bigamis , concordatum per Justiciarios . 2. Inst ibid. Stat. West . 2. 13. Ed. 1. Dominus Rex in Parlia . mento suo Statuta edidit 2. Inst. 331. Stat. 〈◊〉 agatis . 13. Ed. 1. begius . Rex talibus Judicibus Salutem and tho some would not have it an Act of Parliament , my Lord Coke says , 't is prov'd so by the Books , and 〈◊〉 Acts 2. Iust. page 487. 〈◊〉 Jac. 1. C. 〈◊〉 . 6. Car. p. 1. C. 19. 12. Car. 2. C. 25. 〈◊〉 . 2. 13. Car. 〈◊〉 . 13 , 14. Car. 2. C. 10. 19. Car. 2. 8. 25. Car. 2. C. 1. 25. Car. C. 9. Buchanan and his Disciples in Scotland , maintain'd the same Doctrine of the King 's Co-ordinacy ; and therefore their Acts in the Rebellion too , ran in the Name of the three States ; But when the King was returned to his 〈◊〉 , and they to their Obedience , the old form was retrieved , The King with advice and consent of . Car. 2d . Speech to the late Oxford Parliam . Petyt's , Right of the Commons , asserted from his Cleri & populi 〈◊〉 4. Inst. Tryal pag. 24. A Sophism Logician , call the Petitio principi . Page * Vid. Paper at his Execution . He has too that Old Seditious Aphorism us'd by Junius Brutus , & all the rest of the Republicans , Singulis 〈◊〉 . Tryal . p. 23. tho in the next paragraph , he is no more than any of his Subjects . ‖ This Gentleman seems only to have translated that Authors own words , non populus 〈◊〉 Magistratus sed Magistratus prop 〈◊〉 po ulum fuisse creatos . De Jure Magist. Quaest. 5. p. 10. Edit . Francf . ‖ 16. R. 2. c. 5. * Deum Legem & Parliamentum . ‖ Postscript . † Hen. the 3d's time Bracton . lib. 4. cap. 24. § 5. Rex sub nullo nisi tantum Deo. and l. 5. tract . 3. non habet superiorem nisi Deum ; satis habet ad paenam quod Deū expectat ultorem . Paper at his Execution . Treatise of Monarchy , p. 12. p. 17 , 18. Imperium etsilatissime ex lege Regia propter August . latum , pateret , certis tamen limitibus desinitum de jure magist . p. 29. ‖ So the Roman Senate when Augustus was not so much as present freed him from all obligations . * The Lex Regia princeps legibus solutus est l. princ . de legibus . Major singulis Junius Brutus , Vindic. de Jur. Mag. Will. Pryn Parliam . Right . Buchanan . Sidney Tryal p. 23. Coke Littleton 291. Tryal page 26. Tryal pag. 22. De jure Magistrat . Brutus . * Case of 〈◊〉 . Coke , 〈◊〉 . 344. B. The Prerogative of the King is given by the Common Law , and is part of the Laws of the Realm . 3. Instit. p. 〈◊〉 . Stamf. pl. Cr. 62. a Prerog . 5. 〈◊〉 an 〈◊〉 Town 〈◊〉 of the King. Coke 〈◊〉 . 164. 〈◊〉 . ‖ Ibid. Our 〈◊〉 〈◊〉 of Scotland had Parliaments not above 700. years agon , and even their Republicans will allow they had Kings long before , that call'd only the Preceres ; as a worthy . Author of theirs observes , Sir G. M. Jus. Reg. That their old Laws run just like ours here ; the Kings only Acts , and that their . 〈◊〉 did not begin , till about 300. year agon . Which makes it more likely that our own was not summon'd much long before ; for tho they were different Kingdoms , yet Neighbouring Nations , and might nearly follow our Innovations , when 〈◊〉 〈◊〉 〈◊〉 that must be lik'd by all Subjects . ‖ posts . p. 92. * Quia qui mandatam Jurisdictionem suscepit , proprium nil habet , sed ejus qui mandavit Jurisdictione utitur ; Zouch . Elem. pars . 5. § 4. ‖ Quamvis more majorum Jurisdictio transfertur , merū Imperium quod Lege datur , non transit . D. 1. 21. 1. 〈◊〉 〈◊〉 * Coke 4. Inst. c. 7. p. 71. Tryal p. 23. It began Novem. 3d. 40. 21. June 1647. Perf. Diurn page 16. 12. Hollis . Hollis , Hothants , Loves , and Carys 〈◊〉 . Hist. Indep . page 49 , 50.53 . Sir John Maynard . 〈◊〉 , os the People . Pers. Journal , 1699. Dugdale , 260. Barebones Parliam . Tryal page 33. 〈◊〉 . * H. posts . p. 68. ‖ Sidney's Tryal p. 〈◊〉 . His Majesties Speech 22. May , 85. p. 5. ‖ Ibid p. 4. * Rex Legia . ‖ Certis 〈◊〉 Limitibus , nec sine Exceptione probata , jure Magist . Quest. 6. ‖ Jure 〈◊〉 , qd . nimis Multas dignitates 〈◊〉 ibid. p. 38. * Plebs statim a funere ad domum Bruti , & Cassii tetendit , Cinnam Per 〈◊〉 nominis occidet , caputque prefixum hastae circumtulit , columnā parenti patriae statuit , in scripsit ; 〈◊〉 care per 〈◊〉 jurare perseveravit in deonumerum relatum , percussorū nullus ficca morte obiit . 〈◊〉 . p. 51 , 52. ‖ As 〈◊〉 , Claudius , Galba , Vitelsius , Otho . Vid. Sueton. * Unde Apparet ipsos etiam Caesares Juridice damnari , & coerceri potuisse ; de jure Magistrat . p. 38. The King's Prerogative part of the com . Law. D. 45. 1. 38. Alteri stipulari nemo potest , nemo promitendo alienum factum obligatur . Zouch . Element . pars 3. §. 8. Vid. Inst. lib. 3. c. 19. D. 50. 12. 3. D. 50. 12. 1. Vide perfect Diurnal . Hist. of Independency . Deliberaturi de arduis Regni , 4. Inst. C. 1. Parl. † De jure Magistrat . Quest. 6. ‖ Dig. 50. 12. 2. D. 50. 12. 1. Zouch . El. p. 101. * 1. Gen. v. 28. 4. Gen. v. 7. ‖ Vid. Paper at Execut . ‖ 25. Gen. v. 34. * C. 27. ‖ And we are expressly told the first born must not be disinherited , no not for Private Affection . 〈◊〉 . 21. v. 15. If a man have two Wives , the one hated the other lov'd ; and the first born be of her that was hated , he may not make the Son of the belov'd , first born , before the Son of the hated that is indeed the first born ; but must give him a double Portion , because the beginning of his strenght , and the Right of the first-born is his , vers . 15 , 16 , 17. † First Period contain'd An. 1656. 2d . 1518. Secundū Intervallum a Varrone Mythicum appellatur . * So Jehoram succeeded his Father Jehoshaphat , tho he had several younger brothers , Chro. 21. v. 2. And after him Ahaziab his young Son , because says the text all the Elder were slain . Ibid. Chap. 22. v. 1. Which implies that they had succeeded if alive by Birth and Primogeniture . ‖ Numb . 27. v. 9. Posts . p. 71. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist. de Rep. l. 1. c. 2. For every house says he was Govern'd , ( & as the Greek imply's ) after the manner of a King by the Eldest in it . † Heredis institutio nihil aliud est quam ultima voluntas testatoris , Pacius Anal . Inst. p. 26. de hered . Inst. Tit. 14. * Tit. Digest de . verb. signif . l. 130. Quandiu possitvalere testamentum tamdiu legitimus non admittitur , Tit. Dig. de divers . Regis jur . l. 89. Yet even those their 12 tables and the Pretors Laws allow'd a Lineal and Legitimate Succession . ‖ Doct. & Stud. l. 1. c. 7. he E'dest as badg of his birth-right shall bear his Fathers arms without differrence , because more worthy of blood , Cok. Litt. p. 140. Non hominem , sed Deum heredes facere asserunt . Cowels Instit. de Hered . Tit. 14. p. 120. Brct. l. 2. c. 33. Britt . 118. 119. Paper at Execut. page 32. Brief p. 15. Postsc . pag. 118. 1 Kings C. 7. 〈…〉 〈◊〉 . p. 32. Gen. c. 14. verse 2. Gen. C. 26. Page 32. ‖ One of their Republicans much countenances the Notion of Kings being but Fathers , or Fathers Kings . Prisci Reges vocabantur Abimilech , quod Hibraice sonat Pater meus Rex . Jun. Brut-Vindiciae Quest. 3. pag. 25 , 26. Postscr . p. 100. He that but curseth his Father shall dye . Levit. C. 20. V. 9. Deut. 2. verse 18. Plato himself , not the 〈◊〉 , allows those that 〈◊〉 to Rule over what they have 〈◊〉 . Vis & lex naturae semper in ditione parentum esse liberos 〈◊〉 . Plin. Paneg . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , de Rep. l. 1. c. 2. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Ethic. lib. 8. c. 12. ‖ Aristot. Polit. lib. 3. cap. 7. and then agen lib. 5. cap. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the same that he expresses in other places by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ‖ Pater is est quem nuptiae demonstrant , D. 2. 4 , 5. Partus sequitur 〈◊〉 . ‖ Quicquid acquirit filius , acquirit pa. tri suo , & servus domino . Inst. 2. 9. 1. Coke Littl. §. 172. Dr. & Stud. l. 1. c. 8. ‖ Posts . p. 113. Potestas patris debet in 〈◊〉 〈◊〉 non atrocitate consistere D. 〈◊〉 . 9. 〈◊〉 . Decet princi pem leges servare quibus ipse solutus . D. 32. 1. 24. ‖ 〈…〉 est civilum Romanorum nulli 〈◊〉 homines talem potestatem habent . Inst. 1. & 9. Inst. lib. 21.9 . Vid. Pacii Anaiibid . Appellatione Familiae etiam princeps familiae Continetur Zouch . pars . 3. §. 4. Dig. 50. 19. 196. Neque naturale liberi neque adoptivae ullo modo possunt 〈◊〉 parentes de potestate suā eos dimittere Iust. 1. 12. 12. Vid. Jul. Pac. ibid. ‖ D. 22. 3. 8. * Ridley's part . 4. C. 2. ‖ Yet Servants were heretofore with us formally Emancipated , Qui servum Liberat inmercato vel hil lumdredo Lanceam & gladium quae liberorum sunt arma in manibus ponat , Lex H. 1. 78. Lamb. p. 206. Vid. Bract. l. 1. c. 10. Flet. l. 1. c. 7. Lex AEthelst . 70. Lamb. p. 54. Post. p. 98. Si aliquis filiolum occideret , ergalum & parentes mortui , conjunctī re us est . Lex Hen. 1. 79. Lamb. p. 207. And with this agrees the reviv'd practise among our moderns to bring Appeals . 25. Ed. 〈◊〉 . Ed. 1. Coke 3. Ins. p. 20. * Chap. Treas . p. 20. Et pur ceo plus semblable Treason , &c. 25. E. 3. c. 2. 〈◊〉 p 1. Mar. Cap. 1. 〈…〉 ‖ Paper at his Exec. † 3. Inst. p. 20. 22. Ed. 1. Matt. Paris 874. ‖ Si quis falsaverit sigillum domini sui de cujus familia fuit . Flet. l. 1. c. 22. Britton . fol. 16. * Coke 3. Ins. fol. 20. ‖ 〈…〉 . * Dig. ad . leg . Jul. maj . l. ult . Vid. 〈◊〉 . & 〈◊〉 . l. 6. ff . d. pub . Vid. Lex Pompeia . de Parricidiis Inst. Lib. 4. Tit. 18. Par. 6. Lex Cornelia . de sicar . made by Cornelius Sylla . the 〈◊〉 . ibid §. 510. 〈◊〉 . Vld. Rom. c. 13. Paper at Execut. Posts . p. 959. ‖ Dig. 22. 4. 2. D. 48. 2. 7. † 37. Ed. 3. 18. 38. Ed. 3. 9. ‖ Nemo Dominum suum judicet , vel judicium proseret super eum cujus ligius sit , Lex Hen. 1. Lamb. 187. Patriarch : p. 6 , ibid. p. 93. Gen. 14. ‖ Plato Redivivus page 23. Numb . 16. Hunt post . Paper at Exec. Berosus the Priest of Belus talks of ten Kings of Caldea before the Flood . Tryal page 26. * De Jure Magistratuum : sic Dani Christiernum , &c. sic Sueci Sigismundum ; But this Author extends it too to absolute , Hereditary Kingdoms , as well as Mr. Sidney . Sic Scoti 〈◊〉 〈◊〉 , & perpetuo carcere damnarunt , rectius , audeo dicere , 〈◊〉 〈◊〉 fuisse , si meritas paenas 〈◊〉 eam exercuissent . D. Jure Mag. p. 47. By me Kings Rule . * Merc. polit . ‖ History of the World , cap. 9. §. 2. Sigon . de Jud. l. 2. c. 4. & de Jure Rom. lib. 2. c. 18. Vid. Baker . pag. 146. Rich. 11. * Qui aliquod munus gerere debent , virtutis habita ratione eliguntur . 〈◊〉 . Orat. pro Monarch . * Vid. Tacit . l. 1. p. 1. Lucius Florus , p. 1. † Lact. de fals . rel . l. 1. c. 22. Vid. Orat. Maecenat . pro Monarch . ‖ Dictator quoniam dictis ejus totus parebat populus , Rom. Antiq. p. 170. Otho , Vitellius , Heliogab . they set up . Alexand . Aurelianus , Probus they murder d. * Sacrilegii instar est , &c. C. 1. 23. 5. ‖ Quisque vel cogitavit . C. 9. 8. 5. † Ibid. Dig. 48. 19 , 38. * 33. Ed. 3 10. H. 7. 16. † Coke Litt. Sect. 1. fol. 1. B. The Possessions of the King are call'd Sacra Par trimonia . 1 Inst. * Justin. l. 16. 36. Praestat regem Tyrannum habere quam nullum , p. 182. Tacit. Lib. 1. Praestat sub malo principe esse quam nullo . Page 23. Notes for div A58510-e130090 * Gasper de Collign , & Mr. D' Andelot . † Alias Godfry de la. Bar. * To renew another about the end of this unhappy War , were publisht those Treasonable Tracts , De jure Magist. & Brutus his Vindiciae : With another as pernicious a piece , a Dialogue composed ( as pretended ) by one Eusebius Philadelphus : Libels that expos'd Majesty to the Publick , like a piece of Pageantry , only to be look'd upon , and shouted at . Vid. Heylin's Hist. 〈◊〉 . pag. 68. * Ursinus . Pareus . * Si bene prome si male con tra , me stringito . † Sleid. Com. fol. 57. An. 1575. † Tryal p. 25. * His Book burnt , even by the Sorbonist , at Paris , A. D. 1610. * Vid. Troubles at Frankfort , Edit . Ann. Dom. 1642. ‖ Sanderson's History of King James , p. 15. * St. Andrew's Scone . Sterling . Edeuburg , &c. 〈◊〉 pag. 123 , 124. * 〈◊〉 , p. 31. * Isle of Lochlevin . * Sanders . History of K. James pag. 52. † Vid. Spotwoods Hist. p. 323 , 324. * An. 1503. † Que regio in terris , &c. Virg. AEneid . † In a Speech to her Parliament dissolv'd , An. 1585 , and of her Reign 27 , She declared them dangerous to Kingly Rule , vid. Holingshed & Stow. * 1 Jacob 1. † Fowlis Hist. pag. 65. * Vid. Printed Votes H. Com. That the giving the King Money , &c. † Vid. even Rustworth . C 〈◊〉 p. 40. c. 16. E. * Aude aliquid brevibus 〈◊〉 & carcere dignum si vis esse aliquid , Juvenal . Satyr . * Vid. Com. Lit. 1 Jnst. p. 26. B. For adherencv to the Kings Enemy without the Realm , the Delinquent to be attained of High Treason . * Vid. Tryal , p. 26. † Plato Redivivus , p. 167. * Ibid. * Ibid. * Ibid. 168. * Vid. Baker , p. 435. A. D. 1625. * So Plat. Red. p. 117. † Vid. The Royal , and the Royalist's Plea , printed , A. D. 1647. * Vid. Lord Keeper's Speech to the Parliament , A. D. 1625. 25. Ed. 3d. * 1. Mar. † Lex Julia Inst. 4. 18. 3d. * Merc. Polit. a 4 Institutes , c. 5. b Reg. Hen. 7. c The 9th of June , 1641. d 1 El. c. 1. e The ninth of June , 1641. f 4 Inst. p. 192. g 32. H. 8. c. 46. h 4 Inst. c. 61 i Ed. 1. Hen. 8. R. 2. H. 5. k Chart. Forest. l 27. H. 8. c. 24. m Magn. char . c 29. and their Petiton of Right . n Dug . view . p. 68. 19. April o 10. Jan. 1644. p May. 20. Exact Coll. p. 259. q 12. H. 7. c. 1. r 17. May. Ex. 〈◊〉 . p. 〈◊〉 . s Coke Lit. p. 164. t 20. May. u Ed. 2. x 7. Ed. 1. y 5. H. 4. z 25. E. 3. a 5 July , 42. Exact . Coll. b 1. Ed. 2. de . mi. litibus , 7. Ed. 1. * Sidney's Tryal , p. 26. Plato Redivivus , p. 167. * Histor. Independ . p. 27. † Ibid. * Ibid. † Ibid. p. 40. * Ibid. † Ibid. p. 44 , 45 , 46 , 47 , 48. * Sidney's Tryal , p 23. * Oliver's first Parliament made the silly Acts about Marriages . * Protector . † The other House . * Hist. Indep . Pt. 4. p. 66 , 67. Ann. Dom. 1653. † An. Dom. 1659. Oct. 26. Hist. Indep . Pt. 4. p 68. * Baker's Chron. p. 694. 1660. 1662. 〈◊〉 . Wil. 〈◊〉 . 〈◊〉 prefixt to their Tryal . * Vid. The whole , in an 〈◊〉 Account 〈◊〉 the Proceedings in the Parliament at London , 1679. March , 1681. * Vid. Coll. Tryal , p 1. 9. † 〈◊〉 . Proceedings at the Old-Baily . 24. Novem . 1681. Vid. Lord 〈◊〉 Tryal , Sidneys , &c. Feb. 7. 1683. Decemb. 1684. * Decemb. 24 , 1684. 〈◊〉 . Discoveries in Scotland , Printed by 〈◊〉 late Majesties Command ; as also , the Account come out in this King's Reign , by Order of the late , Printed by Authority . Vid. His Tryal for High Misdemcanor , at Guild-Hall , London , Feb. 14. 1683 / 4. April 14 , 1684. a Jun. 29. b Jun. 30. * June , 29. 1685. † June . 25. 1685. a July 6. b July 7. a July 13. b July 15. a Postcript to the History of the Association , Printed for Janeway , London . b Post. p. 94 , 69 , 70 , 83 , 93. a Considerations Consider'd , p. 1 , 5 , 14. Merc. Politicus , Num. 62. Num. 64. Num. 67. Num. 79. Num. 115. a Post. p. 89. a Plato Redivivus , p. 209. b Vid. History of the Succession , writ by Merc. Politicus , Number 64 , 65. a Merc. Politicus , Num. 59. July 24. 1651. a Sermon Preach'd to the Parliament , November 5. 1651. a Merc. Politicus , Num. 63. August 21. 1651. b Merc. Politicus , Num , 59. a Case's Sermon before the Court-Martial , London , 1644. † Statuimus quod omnes 〈◊〉 Regni nostri , sint Fratres conjurati ad Monarchiam nostram pro viribus suis pefendendam , Lex . Gal. Conq. 59. Lamb , p. 171. a Mere. Politicus , Number 62 , 79. 
A48794	----	State-worthies, or, The states-men and favourites of England since the reformation their prudence and policies, successes and miscarriages, advancements and falls, during the reigns of King Henry VIII, King Edward VI, Queen Mary, Queen Elizabeth, King James, King Charles I. Lloyd, David, 1635-1692. 1670 Approx. 1459 KB of XML-encoded text transcribed from 454 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A48794 Wing L2646 ESTC R21786 12618479 ocm 12618479 64446 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A48794) Transcribed from: (Early English Books Online ; image set 64446) Images scanned from microfilm: (Early English books, 1641-1700 ; 964:16) State-worthies, or, The states-men and favourites of England since the reformation their prudence and policies, successes and miscarriages, advancements and falls, during the reigns of King Henry VIII, King Edward VI, Queen Mary, Queen Elizabeth, King James, King Charles I. Lloyd, David, 1635-1692. The second edition with additions. [18], 1051, [1] p. Printed by Thomas Milbourne for Samuel Speed ..., London : 1670. Reproduction of original in Cambridge University Library. First ed. Published 1665 with title: The statesmen and favourites of England since the reformation. Index: p. [13]-[17] Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Statesmen -- England -- Early works to 1800. Favorites, Royal -- England -- Sources. Great Britain -- History -- Tudors, 1485-1603 -- Sources. Great Britain -- Kings and rulers. Great Britain -- Court and courtiers -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-11 SPi Global Keyed and coded from ProQuest page images 2002-05 TCP Staff (Oxford) Sampled and proofread 2002-05 Emma (Leeson) Huber Text and markup reviewed and edited 2002-06 pfs Batch review (QC) and XML conversion State-Worthies . OR , THE STATES-MEN And FAVOURITES OF ENGLAND Since the Reformation . Their PRUDENCE and POLICIES , SUCCESSES and MISCARRIAGES , ADVANCEMENTS and FALLS ; During the Reigns of King HENRY VIII King EDWARD VI Queen MARY . Queen ELIZABETH King ●AMES King CHARLES ● The Second Edition with Additions . LONDON , Printed by Thomas M●lbour● for S●● Speed , in Thread-needle-street neer the Royal-Exchange , 1670. TO The HOPE of ENGLAND , It s Young Gentry , Is most humbly Dedicated The HONONUR of it , It s ANCIENT STATESMEN : A Renowned Ancestry TO An Honourable Posterity . Whitehall . BY permission and License of the Right Honourable Mr. Secretary Morice ; This Book may be Printed and Published . Jo : Cook. TO THE READER . Courteous Reader , FOr bestowing some vacant hours ( by that excellent Personages direction , to whom I am equally obliged for my Employment and my Leasure ) in an attempt so agreeable to the Lord Verulam's judgment , which may be seen in the next page ; and so pursuant of Sir Robert Naunton's designe , which may be traced in the following Book ; Another person's abilities might have gained applause , and my weakness may deserve an excuse , notwithstanding my years , ( if yet any man be too young to read and observe ) or my profession ( if yet a Divine should not ( as times go ) be as well read in Men , as Books : ) Especially since I gratifie no man's fondness , writing not a Panegyrick , but an History : Nor pleasure any persons malice ; designing Observations , rather than Invectives : Nor tyre any man's patience ; setting down rather the remarkes of mens publick capacities , than the minute passages of their private lives : but innocently discourse the most choice instances our ENGLISH Histories afford for the three great Qualifications of men ( 1. Noblenesse in behaviour : 2. Dexterity in business ; and 3. Wisdome in Government ) among which are twenty eight Secretaries of State , eight Chancellours , eighteen Lord Treasurers , sixteen Chamberlains , who entertain Gentlemen with Observations becoming their Extraction , and their hopes , touching , 1. The rise of States-men . 2. The beginning of Families . 3. The method of Greatness . 4. The conduct of Courtiers . 5. The miscarriages of Favourites , and what-ever may make them either wise or wary . The Chancellour of France had a Picture , that to a co●mon eye shewed many little heads , and they were his Ancestors● ; but to the more curious represented onely one great one , and that was his own . It 's in●ended that this Book should to the vulgar Reader express several particulars , i. e. all this last Ages Heroes ; but to every Gentleman it should intimate onely one , and that is himself . It 's easily imaginable how unconcerned I am in the fate of this Book , either in the History , or the Observation ; since I have been so faithful in the ●irst , that is not my own , but the Historians ; and so careful in the second , that they are not mine , but the Histories . DAVID LLOYD . The Lord Bacon's Iudgment of a Work of this nature . HIstory , which may be called just and perfect History , is of three kinds , according to the object it propoundeth , or pretendeth to represent ; for it either representeth a Time , a Person , or an Action , The first we call Chronicles , the second Lives , and the third Narrations , or Relations . Of these ; although the first be the most compleat and absolute kind of History , and hath most estimation and glory ; yet the second excelleth it in profit and use ; and the third in verity and sincerity . For history of Times representeth the magnitude of Actions , and the publick faces or deportments of persons , and passeth over in silence the smaller passages and motions of Men and Matters . But such being the workmanship of God , as he doth hang the greatest weight upon the smallest wyars , Maxima è minimis suspendens ; it comes therefore to pass , that such Histories do rather set forth the pomp of business , than the true and inward resorts thereof . But Lives , if they be well written , propounding to themselves a person to represent , in whom actions both greater and smaller , publick and private , have a commixture , must of necessity contain a more true , native , and lively representation . I do much admire that these times have so little esteemed the vertues of the Times , as that the writing of Lives should be no more frequent . For although there be not many Soveraign Princes , or absolute Commanders , and that States are most collected into Monarchies ; yet are there many worthy personages that deserve better than dispersed Report , or barren Elogies : For herein the invention of one of the late Poets is proper , and doth well inrich the ancient fiction . For he feigneth , that at the end of the thread or web of every mans Life , there was a little Medal containing the person's name ; and that Time waiteth upon the Sheers , and as soon as the Thread was cut , caught the Medials and carried them to the River Lethe ; and about the bank there were many Birds flying up and down , that would get the Medials , and carry them in their beak a little while , and then let them fall into the River . Onely there were a few Swans , which if they got a Name , would carry it to a Temple where it was consecrate . THE TABLE . A Pag. SIr Thomas Audly 72 Fiz-Allan Earl of Arundel 415 Master Roger Ashcam 613 Arch-Bishop Abbot 746 Sir Edmund Anderson 803 Bishop Andrews 1024 Sir Walter Aston 932 Sir Robert Armstroder 951 Philip Earl of Arundel 953. B. CHarles Brandon , Duke of Suffolk 27 Sir Thomas Bollen 137 Edw. Stafford , D. of Bucks 159 Sir Anthony Brown 164 Sir David Brook 386 Sir John Russel , 1 E. of B. 442 Sir John Baker 460 Sir Will. Cecil , L. Burleigh 473 Arch-Bishop Bancroft 704 Sir Nich. Bacon 470 Thomas Lord Burge 591 Sir Thomas Bromley 609 Sir Richard Bingham 612 Tho. Sackvil , L. Buckhurst 677. Sir Fulke Grevil , L. Brook 727 Sir Thomas Bodley 805 John L. Digby E. of Bristol 838 G. V. Duke of Buckingh . 843 Sir Francis Bacon 828 Sir John Bramston 926 Lord Chief-Iustice Banks 960 C. ARch-Bishop Cranmer 35 T. Cromwel , Earl of Es●ex 57 Sir William Compton 145 Sir Thomas Cheyney 466 Sir John Cheek 191 Sir William Cordel 369 Sir Anthony Cook 373 Sir W. Cecil L. Burleigh 473 Sir Thomas Challoner 534 Sir James Crofts 569 Cliffords Earls of Cumberland 721 Sir R. Cecil E. of Salisbury 730 Sir George Calvert 750 Sir Arthur Chichester 753 L. Cranfield E. of Mid. 778 Sir Robert Cary 794 Doctor Richard Cosin 817 Lord Chief Justice Cook 820 Lord Cottington 906 Sir Dudly Carleton 910 Lord Conway 919 Sir Julius Caesar 934 Earl of Carnarvan 1014 The Cary's Lords Viscoun●s Faulklands 938 Lord Capel 1021 Sir John Culpepper 1042 Sir Georg● Crook 949 James Hay E. of Carlisle 774 Sir Thomas Coventry 978 Sir John Cook 944 L. Herbert of Cherbury 1017 D. SIr Thomas Darcy 130 T. Grey , Marquess of Dorset 152 Dudly D. of Northumberland 420 W. Devereux E. of Essex 486 Edward Earl of Derby 547 Sir William Drury 558 Doctor Dale 564 Sir James Dier 595 Secretary Davison 624 Sir G. Hume , E. of Dunb 740 Sir Robert Dudley 761 John L. Digby , E. of Bristol 838 The Digges 921 Earl of Danby . 9●8 E. THomas Cromwel , Earl of Essex 57 W. Howard , L. Effingh Sir Ralph Ewers 458 W. D. Earl of Essex 486 D. Devereux E. of Essex 634 Sir Thomas Edmonds 962 L. Chancellour Egerton 755 Sir Clement Edmonds 772 Sir T. Ereskin , E. of Kelly . 782 F. SIr Jeffery Fenton 626 , 661 Sir John Fineux 81 Doctor E. Fox , Secretary 86 Sir Edward Fines 408 Sir John Fortescue 556 Doctor Giles Fletcher 662 The Carys , Lords Viscounts Faulkland 938 Sir John Finch 971 G. THo . Grey , Marquess of Dorset 152 Ste. Gardiner Bish. of Winch. 451 John Grey of Pyrgo 569 Lord Grey of Wilton 571 Sir Henry Gates 569 Arthur Gray , Baron of Wilton 588 Sir Humphrey Gilbert 626 Sir Fulk Grevil , L. Brook 727 Oliver Saint-John Grandison 767 H. SIr William Herbert 457 D. Walter Haddon 627 Sir Tho. Howard 131 of Surrey & Norfolk . Sir Ed. Howard 141 of Surrey & Norfolk . Sir Th. Howard 142 of Surrey & Norfolk . Wil. Howard , L. Effingh 401 Sir G. Hume E. of Dunb . 740 James Hay , E. of Carlis●le 774 Henry Howard Earl of Northampton 780 Sir John Ramsey , Earl of Holderness 782 Sir Nicholas Hyde 931 Christopher Lord Hatton 521 Lord Hunsdon 526 Sir Richard Hutton 967 W. Marquess Hertford 969 Lord Howard Earls of Nottingham 735 Henry E. of Holland 987 Marquess Hamilton 1005 Sir Ralph Lord Hopton 1008 L. Herbert of Cherbury 1017 Arch-Bishop Heath . 526 I. Sir John Fitz-James 114 Sir William Fitz-James 123 Sir John Jefferies ●21 Sir Arthur Ingram 798 Arch-Bishop Juxon 1038 K. SIr William Kingston 462 Sir Henry Killigrew 584 The Knowls 617 Sir T. Ereskin E. of Kelley 782 L. SIr Anthony St. Lieger 89 Earl of Liecester 518 Sir Thomas Lake 777 & 788 Sir Ja. Ley , E. of Marlb . 943 Earl of Lindsey 975 Arch-Bishop Laud 991 Lord-Keeper Littleton 1003 M. SIr Thomas Moor 42 Sir Rich. Morison 102 Sir William Molineux 118 Sir Henry Marney 147 Sir John Mason 208 Sir Edward Mountague 404 Sir Thomas Mannors 458 Sir Walter Mildmay 554 ●ir Roger Manwood 576 Lord Mountjoy 664 L. Cranfield E. of M. 778 Bishop Mountague 800 Sir Henry Martin 925 Sir Ja. Ley E. of Marlb . 943. M. Earl of Manchester . 1027 N. DUdley D. of Northumberland 420 Duke of Norfolk 540 Lord North 564 The Norrices 617 H. Howard , E. of Northampton 780 Lord Howard , Earl of Nottingham 735 Sir Robert Naunton 795 Sir Francis Nethersole 795 W. Noy , Atturney-General 892 Sir Augustine Nichols 929 O. SIr Thomas Overbury 796 H. Vere Earl of Oxford 810 P. EEmund Plowden 573 Sir William Paget 99 Sir Ed. Poynings 248 The Parrs 187 Sir Clement Paston 202 Sir John Portman 397 Sir Amias Pawlet 568 Sir William Pelham 599 Sir Barn. Fitz-Patrick 412 Sir William Peter 430 Cardinal Pool 435 Sir John Perrot 510 Sir William Pickering 530 G. Earl of Pembrook 552 William Lord Pawlet 593 Sir John Puckering 607 Sir John Packington 616 L. Chief-Iustice Popham 759 Westons , Earls of Portland 914 Will. E. of Pembrook 917 Sir Paul Pinder . 964 R. LOrd Rich 204 Sir Tho. Randolph 564 Sir John Russel 1. E. of B. 442 Tho. Ratcliffe , E. of Sussex 490 Sir William Russel 629 Sir ●homas Roper 630 Sir Walter Rawleigh 670 Sir Joh. Ramsey , E. of Hold 782 Sir Thomas Ridley 923 Esme Duke of Richmond 957 Edw. E. of Rutland 667 Sir Thomas Roe 1035 Iudg Richardson 97● S. CH. Brandon D. of Suffolk 27 Sir Richard Cecil E. of Salisbury 730 Sir Ralp Sadler 95 Sir Tho. Wriothesly 1. E. of Southampton 111 Sir Edw. Stanly 136 Sir Ch. Somerset 150 Sir Thomas Smith 560 R. Earl of Somerset 742 Ed. Stafford D. of Bucks 159 The Seymours 172 Sir Will. Stamford 216 T. Ratcliff , E. of Sussex 490 Sir Philip Sidney 501 Sir Henry Sidney 602 Sir Th. Howard 131 of Surrey & Norfolk . Sir Ed. Howard 141 of Surrey & Norfolk . Sir Th. Howard 142 of Surrey & Norfolk . Fr. Talbot E. of Shrewsb . 533 Sir John Smith 668 Th. Sackvil , L. Buckhurst 677 E. of Suffolk 792 Sir Thomas Smith 724 Lord Spencer 841 Oliver Saint-John , L. Grandison 767 Sir John Savil 895 Lord Say 972 Sir T. W. E. of Strafford 980 T. BIshop Tonstal 531 Fr. Talbot E. of Shrewsbury 533 Sir Nich. Throgmorton 543 V. SIr Henry Umpton 632 H. Vere E. of Oxford 810 The Veres 812 Sir H. Vane Senior 965 G. V. D. of Buckingham 843 W. CArdinal Wolsey 1 Sir Thomas Wyat 76 Doctor Nich. Wott●n 107 Sir Tho. Wrioth●● , 1. E. of Southampton 111 Sir Robert Wingfield 157 Sir Thomas Wentworth 197 Doctor Tho. Wilson 390 Ste. Gardiner Bishop of Winton 451 Lord Willoughby 497 Sir Francis Walsingham 513 Sir Edward Waterhouse 536 Sir Will. Fitz Williams 549 L. Gray of Wilton 571 Sir Christopher Wray 578 E. of Worcester 581 Arth. Gray Baron of Wilton 588 Sir William W●ad 601 Sir Ralph Winwood 826 Bishop Williams 897 Sir Isaac Wake 904 Westons Ea●ls of Portland 914 Sir Henry Wotton 1029 Lord Wilmot 1035 Sir T. Wentworth , Earl of Strafford 980 Robert Earl of Warwick 987 Y. SIr Henry Yelverton 799 STATE-WORTHIES , OR , THE STATES-MEN and FAVOURITES OF ENGLAND , IN The Reign of King Henry the VIII . Observations on the Life of Cardinal WOLSEY . CArdinal Wolsey was not so great in his Fortune , as he was mean in his Original : his honest and industrious Parents helped him to a good Constitution , and a large Spirit , ( two hopeful steps to greatness ; ) though one hath said of him , Brave Priest , whoever was thy Sire by kind , Wolsey of Ipswich nere begat thy mind . His Ambition gave him the opportunity to encrease his parts ; he was as pregnant at Ipswich-School , as he was promising in Magdalen Colledg ; where he was Batchelour of Arts at 15 years of Age , and therefore called the Boy-Batchelour ; His Industry and parts advanced him to a command over Noble men of the Marquess of Dorset's Family , as School-master ; as his Policy promoted him to an Imperiousness over Kings in the quality of Statesmen . The first step to Greatness in a Scholar , is Relation to a Nobleman : The best Education for the Court , is in the Palace . Nature made him capable , the School and University made him a Scholar ; but his Noble Employment made him a Man. At Oxford he read Books , at my Lord 's he read Men , and observed Things : His Patrons two Parsonages bestowed upon him , was not so great a Favour as the excellent principles instilled into him ; he being not more careful to Instruct and Educate the young Men , then their Father was to Tutor him : his Bounty makes him Rich , and his Recommendation Potent : His Interest went far , his Money farther . Bishop Fox was Secretary to K. Henry the seventh , and he to Bishop Fox ; the one was not a greater Favourite of the King 's , than the other was his ; as one that brought him a Head capable of all Observations , and a Spirit above all Difficulties . Others Managed the Affairs of England , Wolsey understood its Interest : His Correspondence was good abroad ; his observations close , deep , and continued at home : He improved what he knew , and bought what he knew not . Being a Master of so happy a reservedness , as to what he understood not , that in all those variety of things that tried his parts , he n●ver came under the reproofe of Meg●by●es , to whom Apelles ●aid . Whilst thou wast 〈…〉 seemed●t to ●e some bod● , but now the●e is not the meane● Boy that g●i●●e●● O●ker , bu● he laugheth a●●hee . And as he 〈…〉 in his spe●ch , so he ●as 〈◊〉 in ●is ca●●●age , till the suc●●ss of lesse●●ction● fle●hed him for greater . He could m●ke any ●hing he read or heard , his own ; 〈…〉 imp●●ve any ●hing that was his own to 〈…〉 One Chri●tmas ●●●●●●ment to the Marquess of Dorsets f●om Ma●●al●n C●lledge , where he was fellow and Scho●●e-●●●te● , was like to have undone him , at the ●ame ●ime that it made him ; for that debonairne●● whe●eb● he hoped to open the way to Honour as a Courtier , occasioned his disgrace as a Minister . Sir Iames Pawlet , ( who for six d●ys Imprisonment of him in Somersetshire , s●ffe●●d six years Confinement by him in the Middle-Temple and the Gate-House , untill he was glad to ado●●e one Prison at a gre●t Charge , with the badge and Cognizance of the Cardinals greatness , to abate his displeasure , as he said , he had di●graced another with a School-Masters meanness to provoke it , ) thought fit to Commit him for that activity , for which others advanced him ; and that to a Capacity , ( ●ee the instability of humane affairs ; the Greate●t should not presume , the meanest should not despond ) of haveing the Knight as much at the Sc●ool-Masters pleasure , as the School-Maste● was at his humor . For having lost the Marquess , through whom he hoped to shew himself with advantage at Court , by death , and his fellowship at Magdalen , where he might have appeared with app●au●e in the University , by Resignation , he Traveled himself into the old Trea●urer of Callis favour and service , first as his Chaplain , then as his Deputy , and by him to K. H. 7ths . notice : to whom he became , by dextrous addresses to the two then great Favou●ites Bishop Fox and Sir Thomas Lovel , known as well by his sharpe and solid discourses in the Closet , as by his discreet and modest behaviour in the Chappel , to be capable of two things , Business by his diligence , and Trust by his Reservedness , both tryed in an Ambassage to Maxamilian the Emperour ; his first employment performed so quickly , that the King checked him for not being gone , when he presented himself to signifie that he was returned ; and so prudently and effectually , that according to his duty he fulfilled all those Instructions given with him , and out of hi● discretion those likewise too late sent after him ; answe●ing the wise King , who asked him whether he met the Pursivant he sent after him ? that he met him and read his Letters , the matter whereof he had dispatcht , concieving it necessary , for which he craved pardon , confessing it a presumption ; the sage King vouchsafeing him not only pardon , but applause , promising himself the greatest Services from one that had giv●n so good an earnest . And indeed he had better success in serving others , than his dependents had in serving him ; for it was Mr. Cromwels great complaint to him , and his great trouble within himself , that he had not taken all the opportunities offered him , to advance his Servants while he stood , that they might have had abilities to assist him when he was fallen ; for when he was reduced to a Pension of 4000. markes at Winches●er , and had his Lands belonging to his Colledges at Ox●o●d and Ipswich seized on by the Praemunire to the Kings use , and the Abbey at St. Albons divided among the Courtie●s , he was forced to borrow 200. l. of Iohn Higdon his fi●st Dean of Christ-Church , to pay and rewa●d some of his poorest Servants , on this condition , that they should not suscipere gradum Simonis , and having served a Cardinal , wait on any other below the King. Indeed his Estate in his prosperity was little enough for his Magnificence , which performed great things , and designed greater ; and in his ad●ersity little enough , for his Charity , which he dispensed in all places between the Charterhouse at Richmond , where he began to dye Religiously , and the Abbey at Leicester where he dyed naturally : a Charity , which added to his reading Divine Service , and Preaching in some Churh every Sunday , his open house all the week days , the familiarity and sweetne●s of his converse , and the humility of his life , gained him as great a Respect in the North as he had lost in the South . No sooner was he in with the Bishop of Winchester , but the Bishop was out with the Earl of Surrey ; to whom he must have stooped , as he did unto Nature and Age , had not be raised his Servant equal to himself in the Kings Favour , and above Howard . He was sorbid by the Canon , Heirs of his Body ; he was enjoyned by his Prudence to make an Heir of his Favour , equally to support and com●ort his old Age , and m●intain his Interest . Children in point ●f Policy , as in Nature , are a Blessing , an● as Arrows in the hand o● a mighty man ; and ●appy i● that o●d Courtie● that hath his Q●iver ●ull of them , he shall not be a●●amed when he speaks with his Enemies in the gate . The old man com●end● Wo●sey to Henry the Seventh ●or one fit to ●erve a King , and c●mmand Ot●er● . Forein Employment is the Statesmans first School ; to France therefore he is ●ent , to poise his English Gravity with French Debonairness : A well-poised Q●ickness is ●he excellent temper . From Forein Employment , unde● an old King , he i● called home to some D●mestick Services under the Young One. He as quickly ●ound the length of His Foot , as he fitted him with an easie Shoo ; the King followed his Pleasures , and the Cardinal enjoyet● His Power ; The One pursued his sports while Youth , the other his Bu●i●ess while Time served him● ( Give me to Da●● a●d take thou to Morrow , is both the Courtier and the Chri●tian's Language : ) The Favourite took in t●e C●uncil-Table Deba●es , & other State-affaires in the Mass and whole Bulk of them by Day , and the King had the Q●intesse●ce of them extracted , and the sum of them represented to him at Night . All State-Business was disposed of by him , and most Church-Preferments bestowed upon him ; the Deanery of Lincolne , the Kings Almonership , a house near Bridewell , Durham● Winchester , Bath , Worcester , Hereford , Tourney , Lincolne , St. Albons and York were in his p●ssession ; and all other Promotions in his Gift : He was installed in the Kingdom ( during King Henry's youthfulness ) and had the Chu●ch in Commendam . His great Services indeed could not be managed without a great Revenue , nor his greater Power supported , but by an able Purse , which may buy off Expedients as readily as his Greatness may command them . His pithy and his witty sentences at the Starr-Chamber made him Speaker there , and his fluent Tongue the most forward every where else ; his clear Head and smooth Tongue engrossed all the Kings Favour , and most persons addresses , which advanced his Estate much , and hi● Reputation more : in so much that the management of , and Provision for the great Voyage to France , 5. H. 8. by Sea and Land was trusted to his sole Care ; and ordered to very good effect by his sole Discretion : not neglecting his own affairs while he provided for the King 's , being the most dextrous by his correspondents at discovering Preferments , the closest at attaining of them ; the quickest at Pos●essing them , and the most skilfull for Improveing them of any man living ; Punctual in keeping up the honour of his Place , witness his advanceing of his Cr●sses as Primate of England , above those of Canterbury as Prima●e of all England ( pitty s●ith one , that they who should conte●d de pascendis ovibus should fall out de lanâ caprinâ ) and what Jurisdiction he wanted as A●ch-B●shop , he made up as Cardinal , Legate de latere and Chancellour . In which capacity , he kept 500 Servant● , among whom 9 or 10 Lords , 15 Knights , and 40 Esquires : in which respect he was sent upon two Embassies of State to the Emperour Charles the 5th . in Flanders to the great honour of the English Nation . He entertained all Ambassadors , to the great satisfaction of all Forein Princes , and the King often to his great content , administring to his Majesties Pleasure , that he might enjoy his power ; discovering as great skill in his Treats as in his Government , especially careful o● three things . 1. His Pomp , to keep his place from contempt , it being not enough for a man in Authority to have a power that may awe the Judgment of the wise to subjection , unless he have a pomp too , that may dazzle the eyes of the vulgar into Veneration : though Envy is the most dangerous thing that can happen to a private man , yet contempt is the worst thing that can befall a publick person ; this weakning the being of the later which consi●ts in his power , as the other doth the comfort of the first , which consisteth in his Peace . 2. His Devotion , neglecting not one Collect of his Prayers for all the cumbrances of his place , wherein he deceived many of the people , thinking he had no time for his Devotion from his business , and his Servan●s wondering how he could gain time for his business from his Devotion ; he made Conscience of Religion , because in his experience of affaires he met with many providences of God that made him really believe it ; he made no shew of it , because the world believed such men as he did but pretend it . 3. His Health , never going out without a perfumed Orange into the great Croud that always awaited him , to whom al persons came fi●st before they went to the King : that he wanted such things , was to sober men argument of the Frailty of the greatest man ; that he used them , was to envious men an argument of the pride o● a poor man. Which puteth me in mind of Plinyes description of a man , than whom he saith , there is not a living Creature more wretched or more Proud : For the last of which qualities , it was that our Icarus , though a man of great capacity , large expe●ience , and comparative moderation , moultred his wing so soon in the beams of Royal Majesty . Bu● a● our Laureate hath it , God help the man so wrapped in Errours endless train , one Anticyra , hath no● Hellebore enough to cure him . Two Corrivals he had , Edward Stafford Duke of Buckingham , Charles Brandon Duke of Suffolk : Brandon he despised , as rather besides , saith my Author , than again●t him ; h● being the Kings Companion in pleasure , & Wolsey his Councellour in Policy ; the Duke great with young Henry , the Bishop with the King : Buckingham he feared , as popular ; and undermined , as proud : ( that Tower must fall , who●e Foundation is hollow ) Buckingham was high in Birth , Honour , and Estate , Wolsey higher in Prudence , whose Malice did the brave Duke much mischief , and his own folly more : ( Vain-glory ( writes my Friend ) ever lieth at open guard , and gives much advantage of play to her Enemies : ) A deboyst King is jealous , and a weak Nobleman ambitious . In fine , he is attainted of High Treason , ( though rather Corrival to the King in his Cloaths than his Crown , in his Vanities than his Authority : ) but a cunning Upstart quickly blows off a young Noblemans Cap and Fea●her , and his Head too , when it stands in his way . Tarquin instructed more than his own Son , by striking off the heads of the Poppies . His power ag●inst Buckingham was his Shield against all others : One defense well managed , one Adversary throughly suppressed , is a Security at Court , where two men s●ldom fall the same way . Many envied the Archbishop , the Cardinal , the Legate de latere , the Lord Chancellour ; but all feared the Favourite : most were discontented , but none durst shake their Heads , le●t they fell off with Buckingham's : the Bishops displeasure was more fatal than the Kings , whose wrath was violent , but no● lasting ; as the Others anger was of less fury , but more malice , real , and more secret , he having set up as indiscernible way of Intelligence , as Angels do of Communication ; he and his correspondents understanding one another , not by discourse , but by the present state of things ; as those Intelligences understand one another , not by speech , but by Ideas . His Power was great , and his Justice equal ; for he was too proud to be bribed , and too powerful to be overborn . But England was too narrow a Theatre for this great Spirit , and he aspires to Rome ; and having been these many years Pope of this other world , would have been of that beyond the waters : his leap was great , from York to Rome , and his rise as good : Charles the Fifth was his Client , and his Masters Servant ; the Cardinals were his Pensioners ; and when they failed ( as he is no Fox whose Den hath but one hole , and he no Statesman who when one way is stopped , cuts not out another ) he falls off from the German Emperour to the F●ench King : where , if he could not carry his own Design , he would hinder the Emperours ; ( and Revenge is an Advancement ) ( so great was he , that his Friendship balanced Europe , over-awed Emperours , threatned Kings , and was fatal to Queens ) if he cannot be Pope of Rome , he will shew he is as good as King of England ; for finding that the King wanted a meet Yoak-Fellow for his Bed , and a lawful Heir-Male to his Crown , and observing Queen Katharines Age above her Husbands , and her Gravity above her Age , being more Pious than pleasant , a better Woman than Wife , and a better Wife for any Prince than King Henry ; he promotes a Divorce ( upon some Scruples intimated by the Spaniard some years before in a Treaty about the Princesse Mary's Marriage , which others had forgot , but the Cardinal laid up ) between the King and Q●een : but that was not all ; but knowing that King Henry could not have a Wife to his minde , until he had a Pope of his own choosing , he would help him to a young Wife , but he must raise him to a new Power ; Wolsey must be Pope , or King Henry could not be divorced : and to make all sure , he was no sooner to be parted from a Daughter of Spain , than he was to be joyned to a Princess of France ; whose Nuptial Ring should wed King Henry to Her , and King Francis to Himself . Two ways did he disoblige Queen Anne Bullein that was his deadly enemy , 1. by dissolving the Contract between her and the Lord Piercy , the Earle of Northumberlands Eldest Son , to please the King , 2. by endeavouring to hinder , or at least delay the Marriage between her and the King , to gratifie himself ; whom in vain afterwards , by Inventions unheard of , he endeavoured to please as well as the King ; when he saw the Contrivances of a great Wit , the Allurements of a Famous Beauty , and the malice of a disappointed Woman , joyned to the envy of the greatest Lord , whom he had ordered as irrespectively as the meanest subject . When it is once past Noon with a Court-Favourite , it is presently Night with him : for knowing that the Cardinal was cunning , and the King not yet cruel , they longed to have him at York while at Londen ; and again they contrive to bring him to London while at York ; the first upon pretense that he might do good , the last with design that he might do no harme . Sed nullae sunt occultiores insidiae quàm hae quae latent in simulatione officij : as he observed the method of some old cunning Parliament-men , who when they had a mind to cross a Bill , were always highest for it in the House ( as the Eagle carried the shell up in the skye to break it ) and would insert so many , and so great inconveniences into the Act , that they were sure it could never pass . Tuta frequensque via est per amici fallere nomen . Missing of Power , he meditates Honour ; and instead of lavishing his infinite Treasure upon airy Expectations , he bestoweth it on real Monuments ; witness the great work at Callice , &c. which makes his Memory a Renowned as his Life . That Statesman lives to small purpose , whose Actions are as short as his Life , and his Exploits of no longer duration than his Age. At this time , though King Henry bore the Sword , yet Cardinal Wolsey ( as I am told ) bore the stro●e all over the Land , being Legate a latere , by ver●us whereof he visited all Churches and Religion , Houses , even the Friers Observants themselves , notwithstanding the stoutness and stubbornness that first opposed him . Papal and Royal Power met in him , being the Chancellour of the Land , and keeping so many Bishopricks in Commendam , that his yearly Income is said to equal , if not exceed the Revenues of the Crown . He gave the first blow to Religious Houses , by making one great Cardinal Colledge , now Christ-C●urch , ( of which one comparing his project with his performance , said , Instituit Collegium , absolvit Popinam . And another being asked what he thought of the ampleness of the Foundation , answered , Fundatione nihil amplius ; to which I may add his Colledge at Ipswich , ) of forty small Monasteries ; to make way , as some thought , upon the Popes consent , procured by him , to the overthrow of all . He called all Captains and Officers to an accoun● , who bought off their own small corruption with his great one , and paid him the penalties of their Cheats with the Gains of it ; the Richest of them escaping , and the poorest only made exemplary . Several Courts of pretended Equity he erected ; to redress the poor , that was the Colour ; to inrich himself , that was the Reality : at whose constitution the Law-Courts were unfrequented , so specious was their seeming Integrity ; at the ls●t they are deserted , so manifest was their real Grievances ; the people not flocking so fast a●ter the Novelty , as they ran away from the Cheat : though his pretense was fair , that the Kingdome should not be a Common-Wealth of Fish , where the greater devoured the Less . What he did to reform the Courtiers , as a F●vourite , he did to reform the Clergy as Legate ; erecting a Court Legantine ( not without danger of a Praemunire ) wherein all Clergy were visited ; the Rich in their Purses , that excused them ; the Poor in their Reputation , that compounded for them . Neither did his profits arise from the Living onely , but the Dead ; he engrossing the Probation of all Wills and Testaments within his own Court : he had petty projects , viz. that Children should fo●low their Fathers Profession , saying that he observed , that the Fathers Eminency in any act , begat in the Child a propension to the same ; and whe●e two or three successi●e Generations happily insist in the steps one of another , they raise an art to great pe●fection , and liked well the prudence of our Parliaments in permitting the Eldest Son of Barons to be p●esent at their C●nsultations to fit them by degrees , for the person they are to sustain . And not long after , he hath a Pa●e●t under the Great Seal of England , to do what he pleased in the French Cou●t , in order to the King● Progresse thither ; as he hath likewise af●er , with his Masters leave , under the great seal of France : After which honour , he was with the Kings Order , by English Subjects , the Lord Mayor and Aldermen , &c. honoured at no lesse rate than that of a Prince ; and by the Clergy ( who kept close to the publick temper ) with Processions , &c. at the same rate with a Pope . Great he was in England ; greater in Germany , where all the Nobili●y attended him , the Great Seal of England was carried before him ; and the Emperour o●serving his Commission and Honour , met him with his whole Train , and harangued it with him no less than two days . He that over-ruled Empires might well presume on Subjects ; and no sooner therefore doth he return , than by his own Authority he levieth four shillings in the pound of every man that was worth fifty pound per annum ; and when that would not do ( pretending to the Lord Mayor and Aldermen that he had been upon his Knees to revoke those Commissi●ns ) other Letters for a Benevolence , which lost him as much in the Countrey , as his Reformation of the Houshold did him at Court. But the King employeth him to France , as his Second , and takes his leave of him as hi● intimate Friend ; 1200 Horse attended him : Callice● Bullein , Amiens honour him with the name of The Peaceable Cardinal ; and the Statue of a Cardinal Rescuing a Church and a Pope from danger , whom yet underhand he brought into danger , making the Duke of Bourbon General against the King of France to Revenge himself ; and yet making an underhand Peace with France [ which the Duke knew not of , till he took the Instrument of Peace Sealed at the Castle of Pavia ] to please others ; for which last exploit , carried on privately by receiving the French Ambassadour as an Italian Jester , the Duke of Bourbon resolved to goe and Sack Rome , and punish all the Cardinals he could come at for the fault of one he could not . But though his Armes reached him not , the Court Wits did ; perswading his Ambition to goe upon a splendid Embassy , to Reconcile all the Christian Princes abroad , that they might have the better advantage to withdraw from him the Favour of his own Prince at home ; contriving likewise , that all the Friends he had at Court ●hould be of his Retinue in the Ambassie , both to increase the envy of his train , and to weaken the strength of his Interest : It was observed that he gave three Rules to his Company the morning he went from Callis ; 1. That they should take care of the Soveraigns Honour that Imployed him . 2. That they should observe the natural Civility and Sobriety of the Nation they came from . 3. That they should retain as much reservedness as became the Affair he went abo●● ; giving them a Caution of the French in t●ese words , viz. that at their first meeting , they wou●d be as familiar as if they had known them by long acquaintance ; and of t●emselves in these that they ●●ould not speak of any matter of Importance , but in their own Language , lest they should ●●scover that for want of words which they sho●ld hide with them . Very exact he was in the honou●able circumstances of address , abateing the French King not 〈◊〉 in their approaches one to anoth●r , but most exact in the particulars of the T●eaty , yei●ding not a point to the whole Council o● France ; for knowing that their own conveniency , not their Love brought the Treaty about , he would often fling away , and make the King and Queen Regen● Court him to renew the Consultation , which otherwise he m●st have caressed them to . Fear , n●t Love is the pas●ion of Common-Wealths . But his entertainment from the King his Master at home , was not answerable to his Service abroad ; nor the applause from the Noble-men , Judges , and Justices of the Peace of each shire in England ( cited from the Countrey to hear an account of his great League , that they might report it to the Countrey ) suitable either to his Eloquence or Action at Star-Chamber , or his great expectation . The first Court design upon him , after his return , was an entertainment to the French Ambassador , injoyned by the King to beggar him ; the next was a discovery made to him of the Kings Love to Q. A. Bullein , ( its dangerous to know Kings Secrets ) from which he disswaded his Majesty by Intreaties on his Knees , and by Arguments from the most Learned men in the Kingdome which he Consulted with , and in both Universities which he sent to . It s not safe standing in the way of a Kings Lust , though indeed the Cardinals Enemies had possessed themselves both of the King and the peoples apprehensions , so farr , that his Majesty was wrought upon to be angry with him , because he was perswaded that he was against his Divorce ; and the people were incensed against him ( as he declared to the King at the Court in Bridewell ) because they were made believe that he was for it . Many chafing discourses ( as he called them ) had he with the King , whom yet he would coole with the gentleness of his behaviour ; many affronts from Noble men : Especially one , whose head he had kept on , threatned his off . Often would he disswade the King from persuing his design ; often upon the Kings solicitations did he and Cardinal Campein perswade the Queen to Reti●e . At Grafton in Northamptonshire was the first step of his Fall , when the King went to Dine with Queen Anne Bullein , and left him to shift among the Servants . Queen Anne pressed the King with the poor Condition he had brought the Subjects to ; others into what great Estate he had raised himself . First he returns from Court to Westminster , and the broad Seal , with his rich furnished house , being taken from him , afterwards to Putney , or Ashur ; when he that could have furnished Kings with accomodations , was furnished himself by the Bishop of Carlisle . Afraid they were he should have a summe of money to live upon at Rome , therefore they searched Cardinal Campeius Train at Callis ; more afraid he should have an habitation near the King : therefore ●hey demanded his House as Bishop of Yorke called White-Hall , which the Cardinal ( intreating the Judges that came to take his Recognizance , to teach the King not onely what he might do , but what he ought to do , and to put him in mind of the g●eatness of the Eternal habitations as Hell and Heaven , as well as the conveniency of earthly dwellings ) chose rather to give upon terms for Yorke-House , than to lose by force . The A●ticles against him in the House were bravely waved by his Servant Mr. Cromwel , the grief of his heart much allayed by a Ring sent him from the King , and a Tablet from the Queen ; his Majesties Physicians had a special Charge about hi● Health ; and his Wardrobe about his House : but this was only a Lightning before Death , to ex●sperate his Enemies rather than gratifie him . Cardinal Wolsey going over to France , upon an extraordinary Embassy , had for his Attendance Tonstal Bishop of London , the Lord Sands , late Chamberlain , the Earl of Derby , Sir Tho. More , Sir H. Guilford , and 200 Horse ; and was met two days journey from Paris by King Francis and his Mother , carr●ing with him 140000. l. though sil●er was but 20 d. an ounce , to assist that King in the War against Charles the fifth ; and furnished with such a Plenipotentiary Commission , that he gave Law to France and the Popedome : and he ●●mported himself with such dexterity and high wisdome , that all the Princes of Christendome , who had their eyes fixed upon him , admired him . The King gave him many places , & he bes●owed on him his magnificent Palaces ; White-Hall , that Good Hypocrite , mo●e convenient within , than comely without , Hampton Court , Windsor ; the two first to be resident in , and ●he last ●o be buried in . ( Arma tenenti omnia dat , qui justa negat ) ● fi●ting his humour with pleasant habitations , as he suited his ambition with power and authority . But the King broke with him at last about the divorce , being vexed with so many delays , defe●s , retardings , and prorogations between two Popes , Clement that was , and Wolsey that would be : yet rather eased him of his bu●dens , than deprived him of his preferments ; continuing him Bishop of York and Durham , ( when he turned him out of his Chancellourship of England ) where being sent by that Lord , who would not endure him nearer the King , and could not get him further , he lived rather like a Prince than a Priest , providing as magnificently for his Installation , as a King should for his Coronation : which unseasonable ambition was improved by his enemies malice , and the King's jealousie to his ruine : for in the midst of his solemnities he is arrested by the Kings order , signified by the Earle of Northumberland , whose wrath was the Messenger of Death , and in his way to London , being distracted between hope and fear , died at Leicester , where he was buried as obscurely as he was borne ; and breathing out his soul in words to this purpose , viz. If I had served the God of Heaven as faithfully as I did my Master on earth , he had not forsaken me in my old age , as the other hath done . He died , swelling in his body , as he had done in his mind , the pain being really in his hea●t , which seemed to be in his guts ; for when Northumberland whom he had b●ed , and a Privy Chamber-man whom he had preferred , were sent to him , he could still hope that ●he King intended him Honour ; but when Sir William Kingston , Lieutenant of t●e Tower , who carried a restraint in his looks , came to him , he could not believe but he intended him Punishment , keeping him only between the tickling hopes of p●e●erment , & pinching fear of disgrace , to found his bo●tome , and to discover his Esta●e ; so well he took the first Arrest , that he di●ected the Messenge●s to execute their Commission legally ; saying , that he ought to yield himself to a Privy-Chamb●rman on his word ; though not to the Earle withou● his Commission ; So ill the second , that he could not govern himself tolerably . Very observant he was of old Prophesies ; applying that When the Cow rides the Bull , Then Priest beware thy skull . to Hen. 8. whose armes , as Earle of Richmond was a Cow ; and Anne Bullein , whose devise was a Bull : whose Love to each other , was the occasion of their hatred to him . And that , that he should have his end at Kingston , to King●ton upon Thames , a Town he would not look on willingly while he lived ; and to Sr William Kingston , a man he would not with his good will hear of when he died : And fearful of new Omens , Interpreting the falling of his Crosse to break Bonners head , the f●ll of the Church to the danger of his own . A serene and peaceable soul acts by solid ●eason , a frighted and troubled one by fansie , imagination and superstition ; a mind in the dark of m●lancholy , and trouble , feareth every thing . The K●ng not knowing his own changeble mind , would have given 20000 l. he had lived ; and his Enemies knowing it too well , gave 10000 l. that they might be sure he should dye . The one aiming at a booty from his Estate ( as appeared afterward by his ●eward to those Servants that discovered it ; the o●her at their own security ●rom his power : both to his dying day , so great , that indifferent men thought them enough , his foes too much , and he himself too lit●le . Plenty without pomp , is penury to pride , which Kings may make humbled , God only humble : He being able to take away the fire , the Lu●t within ; the other only to withdraw the Fuel , the sta●e without . Remarkeable were his words of himself . This is the just reward that I must receive for my diligent pains and study , not regarding my service to God ; but only my respect to the King. Flattery is the Common Moath of great Palaces , where Alexanders friends are more than the Kings . Observable his caution to the Councellors , whom he advised to take heed , what they should put into the Kings head , for ( said he ) you can never put it out again . Heinous is the crime of poysoning Fountains : and such is a Kings mind in a Common-wealth . Notable was the Jealousie of his Enemies , who could not but believe he was alive , until the Mayor and Corporation of Liecester [ who were called therefore to view his Corps ] testified under their publick Seal , that he was dead : But most notorious his burial , that He , who from his own store late might have , A Pala●e or a Colledge for his Grave ; Should lye interr'd so obscurely , as if all Of him to be remember'd were his fall ; Nothing but earth to earth ; no Pompous weight Vpon him , but a pibble or a quait . Yet though his Fortune was not great , as his merit , or his merit as his mind ; he planted things that are like to last as long as men are either to do things wo●thy to be written in books , or books are to record things worthy to be done by men . His Enemies made mock defences for him , on pu●pose to overthrow him : So before a serious Warr , Cities use to personate their adverse party , and feign mock combats and skirmishes to encourage their friends , wherein you may be sure that their own side shall conquer . Which puts me in mind of the Lyons answer in the Fable , when the picture of a man beating a Lyon was produced to him , he said , If a Lyon had made this picture , he would have made the Lyon above● and the man beneath . Nihil est quin male narrando possit depravarier . One thing he advised young men to take care of in their publick deliveries , viz : that they should rather proceed , though more inaccurately , than stop sensibly ; few being able to discerne the failu●e of a continued speech , when all understand the mischance of a gross silence . A Fellow having made a long Oration to his hearers , of the virtues of a Feather , which he affirmed to have dropped from the wing of Michael the A●ch-Angel ; and the Feather being stolen from under his sleeve out of drollery , and a Cinder put in the place of it to trye hi● humour , he went on c●●fidently with his discourse ; telling them , that though it was not the feather which he had mentioned ; yet it w●s one of the coles which St. Laurence was broyled with ; and had all those virtues which he had formerly ascribed to the feather . When good men die suddenly , it is said they are poysoned ; and when the bad fall unexpectedly , as he did , it is said they poyson themselves . He died unpitied , because he had lived feared ; being the great Bias of the Christian World. Too suddain prosperity in the beginning , undoeth us in the end : while we expect all things flowing upon us at first , we remit our care , and perish by neglecting . Every head cannot bear wine , nor every spirit ● fortune : Success eats up Circumspection . How many a man had ended better , if he had not begun so well ? It 's the Emphasis of misery , to be too soon happy : Prosperity growing up with experience , makes a man in a firm settlement , inured to all events . I will ever suspect the smooth waters for deepness : in my worst estate I will hope , in the best I will fear ; in all , I will be circumspect and stil. R●ffling Ambition reacheth great Honour , a Sedate Humility supports it : the Lower the Basis , the higher & stronger the Pyramide . Love , the Issue of Humility , guardeth the weakest ; Hat●ed , the Daughter of Pride , ruines the strongest . Ego & Rex meus , was good Grammar for Wolsey a School-Master ; but not for the Cardinal a States-man . To be humble to Superiors , is duty ; to Equals , is courtesie ; to Inferiours , is nobleness ; and to all , safety ; it being a virtue that for all her lowliness commandeth those souls it stoops to . In a word , as I love Virtue , so I hate Vice , for her inside and her end . Cardinal Wolsey is famous for two things ; that he never spoke a word too much , and but one too little . The Lord Herbert's Character of Cardinal Wolsey , in his Life of Henry the Eighth , pag. 314. ANd thus concluded that great Cardinal : A man in whom ability of parts and Industry were equally eminent ; though , for being employed wholly in ambitious ways they became dangerous Instruments of power , in active and mutable times . By these arts yet he found means to govern not onely the chief affairs of this Kingdom , but of Europe ; there ●eing no Potenta●e , which , in his turn , did not seek to him : and as this procured him divers Pensions , so , when he acquainted the King therewith , his manner was , so cunningly to disoblige that Prince who did fee him last , as he made way thereby oftentimes to receive as much on the other side . But not of secular Princes alone , but even of the Pope and Clergy of Rome he was no little courted ; of which therefore he made especial use , while he dr●w them to second him on most occasions . His birth being otherwise so obscure and mean● as no man had ever stood to single : for which reason also his chief indeavour was not to displease any great person ; which ●et could not sec●re him For as all things passed through his hands . so they who failed in their suits generally h●ted him : All whi●● , though it did but exasperate his ill nature , yet this good resultance followed , that it made him take the more care to be Iust ; whereof also he obtained the reputation in his publick hearing of Causes : For as he loved no body , so his Reason carried him . And thus he was an useful Minister of his King in all points , where there was no ques●ion of deserting ●he Roman Church ; of which ( at what price s●ever ) I finde he was a zealous Servant ; as hoping thereby to aspire to the Papacy , whereof ( as the fac●ious times then were ) he seemed more capable than any , had he not so immoderately affec●ed it . Whereby also it was not hard to judge of his Inclination ; that Prince , who was ablest to help him to this Dignity , being ever preferred by him ; which therefore was the ordinary Baite , by which the Emperour and the French King one after the other did catch him . And , upon these terms● he doubted not to convey vast treasures out of this Kingdome , especially unto Rome , where he had not a few ●ardinals at his devotion ; by whose help , though he could not attain that Supreme Dignity he so passionately desired , yet he prevailed himself so much of their favour , as he got a kinde of absolute power in Spiritual Matters at Home : Wherewith again he so served the Kings turn , as it made him think the less of using his own Authority . One error seemed common to both , which was , That such a multiplicity of Offices and Places were invested in him . For as it drew much envy upon the Cardinal in particular , so it derogated no little from the Regal Authority● while one man alone seemed to exhaust all : Since it becometh Princes to do like good Husbandmen , when they sow their Grounds ; which is , to scat●er , and not to throw all in one place . He was no great Dissembler , for so qualified a Person ; as ordering his businesses ( for the most part ) so cautiously , as he got more by keeping his word , than by breaking it . As for his Learning , ( which was far from exact ) it consisted chiefly in the subtilties of the Thomists , wherewith the King and himself did more often weary than satisfie each other . His stile , in Missives , was rather copious than eloquent , yet ever tending to the point . Briefly , if it be true ( as Polydore observes ) that no man ever did rise with fewer virtues , it is true that few that ever fell from so high a place had lesser crimes objected against him : Though yet Polydore ( for being at his first coming into England committed to Prison by him , as we have said ) may be suspected as a partial Author . So that in all probability he might have subsisted longer , if either his pride and immense wealth had not made him obnoxious , and suspected to the King , or that other . than Women had opposed him : Who , as they are vigilant and close Enemies , so for the most part they carry their businesses in that manner as they leave fewer advantages against themselves than men do . In conclusion , As I cannot assent to those who thought him happy for enjoying the untimely compassion of the people a little before his end , so I cannot but account it a principal Felicity , that during his favour with the King , all things succeeded better than afterwards ; though yet it may be doubted whether the Impressions he gave , did not occasion divers Irregularities which were observed to follow . He died Nov. 29. 1529. Observations on the Life of Charles Brandon , Duke of Suffolk . SIr William Brandon dying in King Henry th● seventh's service , as his Standard-bearer in Bosworth-field , no wonder if his son lived in his favour ; it being as prudent to continue his Loyal spirit in his son , as it was just to reward it . He was as intimate with Henry the Eighth in his pleasures when a child , as in his councels when a man. There was a sympathy between their active spirits , which improved the familiarity of their tender years to a fi●m friendship in their age ; men of quick and large striding minds loving to walk together : not to say the looser the lives , the faster the friends . At a Tilting in Paris , to which many young Noblemen were licensed to go , Brandon overcame others every day , and one day himself , ( against a Gyant Almain ) where the Lords looked not on him with more envious , than the Ladies with gracious eyes ; who ( saith my Author ) darted more glances in love , than the other did spears in anger against him . He is the compleat Courtier , in whom Beauty and Valour , Mars and Venus , are joyned in one happy constitution , which awes and allures Beholders . Being employed to bring over Queen Mary , King Lewis the twelfth's Relict , to her Brother , he won her to himself : whether his affections were so ambitious as to climb up to her , or hers so humble as to condescend to him , may be ●he subject of a more amorous discourse : and considering with himself that matters of this nature are never sure till finished , that so Royal an opportunity happened but seldome , and that leave ●or such an enterprize was easier gained when it 's done , than when doing ; he humbly requested his Majesty to give way to that Match , which was indeed already concluded : who , afte● some State discontent , was quickly pleased ; the Duke being no less esteemed by him for many years , than he was beloved by the people . His Genius was more Martial than Mercurial ; and we hear of him oftner in the French Wars , than in the English Councils . And in both , his plain overtures went farther than others fair harangues ; because these only hovered in mens fancies , those came home to mens business and bosoms . He wondered at the m●n that pleased themselves in the liberty of giddy fancies ; and dreaded the ties of a ●ixed belief , for the publick good , not his own advantage , affecting ( as one said well ) free-will in thinking , as well as in acting ; and at the new discoursing wits , that were as unsettled , though not so rational as the old Scepticks , until he considered the difficulty of discerning truth ; the hardship of confining the Quick-silver thoughts within the limits it prescribeth , or submitting them to the burden it imposeth . One of the latter Schools of the Grecians examineth the matter , [ it is the Lord Verulams observation ] and is at a stand to think what should be in it , that men should love lies ; where neither they make for pleasure as with Poets ; nor for advantage as with the Merchant , but for the lies sake . But I cannot tell why , this same truth is a naked and open day-light , that doeth not shew the Masques and Mummeries , and triumphs of the present world halfe so stately and daintily as Candlelights : Truth may perhaps come to the price of a pearl that sheweth best by day ; but it will not rise to the p●ice of a Diamond or Carbuncle that sheweth best in varied lights : a mixture of lies doth ever add pleasure . Doth any man doubt th●t if there were taken out of mens minds vain opinions , flattering hopes , false valuations , imaginations as one would , and the like , vinum daemonum as a Father calls Poetry , but it would leave the minds of a number of men , poor shrunken things , full of melancholy , and indisposition , and unpleasing to themselves . Clear and round dealing , this Noble mans temper , is the honour of mans nature ; and that mixture of falsehood is like allay in coyn of gold and silver , which may make the metal work the better , but embaseth it . For there winding and crooked Courts are the goings of the Serpent , which goeth basely upon the belly , and not upon the foot . There is nothing of so ill consequence to the publick , a falsehood , or ( speech being the currant coyn o● converse ) the putting false money upon the world ; or of so much prejudice to a mans own interest , as perfidiousness which weakeneth his great security , which stands by him when his estate and friend● cannot ; or so dark a blot as dissembling , which , as Mountaign saith prettily , is only to be Brave towards God , and a Coward towards man : For a Lye faceth God , and shrinketh from man. His hearr was too stout , and his head too clear to use those Arts of closeness and dissimulation , which those need who have not judgment and wit enough to discern all the circumstances of an affair , so as to know when to tell a truth ; nor courage and valour enough to look in the face of all the cons●quences of a business , so as to own it : A man better made for the open Arts , and generous policy of H. 8. than the suspicious closeness , and the wary reservedness of H. 7. His Father lost his life in completing the union of Roses , I mean York and Lancaster ; and he in beginning the union of Kingdoms , viz. England and Scotland by treaty ; and England and France by War : he being the first that durst fasten the Royal Standard in the sides of Bulleign ; and the last that advanced the St. George in the middle of it , both taking and governing it . The greatest thing that ever that age saw , was , if we believe Sleidan , the delivery of the Keys of Bulleign by ● French Governour to the Duke of Suffolks hand ; and the greatest thing King H. 8. saw , he saith , was the delivery of those keys by the Duke , into his hand : insomuch that despairing of greater , the one died that year , the other the next . Queen Elizabeth being to employ a famous Ambassage into France , made choice of two of the Noblest Peers of her Realm ; equal in Rank , equal in Virtue : but the one excused it by a defect in his hearing , and the other by an ignorance and want of the French Language . To which the Queen smilingly replied : that it was a miserable estate when her speaking Peers were deaf , and her hearing Peers were dumb . Our Duke used to complain , ●hat two of the most eminent m●n in the Council in his time , had two different , but unhappy , qualities : the one a well-spoken man , had such a humour , that he pretended he understood hardly any body ; the other a person of an excellent judgment , but speaking so darkly that hardly any body understood him . He avoided two things , first , Catching too soon at an offence : Secondly , Yeilding too easie a way to anger ; the one shewing a weak judgment , the other a perverse nature : which rendereth great men as ridiculous , as it did the Ambassadors of Spain and Venice , who drew blood from one another in the most August Assembly at the Coronation of R. H. 4th . Queen in France , because one of them used the word excellency instead of the word Seigniory . But in these cases he observed the Roman Discipline nec sequi , nec fugere , to be more prudent than to catch at such trifling Cavils : and more courageous than to shun , if they were offered to him : being very cautious also in mentioning the name of God in small matters [ Nec deus Intersit nisi dignus vindice nodus , Inciderit . ] and more willing to build his resolution on the experience of former ages , than his own thought ; being very unwilling to be of the number of those people , who , like the Chinois , think they have two eyes ; their friends , as those think of the Europaeans , one ; and other men , as they think of the rest , blind . Being vexed with the delays at Rome , and the delusions at Bridewel , ( where the Cardinals proceeded according to their instructions at Rome ) one day he knocks on the Table in the presence of the two Cardinals , and binds it with an Oath , That it was never well in England since Cardinals had any thing to do therein : and from that time forward , as an active Instrument , he endeavoured the abolishing of the Popes power in England ; against whom he was not more active in the Parliament 1534 , than he was vigilant in the Committee , 1535 : in the one , cutting off the head ; in the other , weakening the members of that Church . He m●de provident , yet moderate use of his Masters favours ; thereby obliging others , and securing himself ; being above Mercenary inclinations as much in his thoughts , as in his ●ortune : he was neither too near the King , lest he were weary of him ; nor too far off , lest he forgot him , or thought himself neglected by him . His intermissions of attendance gave others no advantage , but rendred him more gracious : he neither engrossed nor confined his Masters affection . It was easie for him to rise , being descended of Noble Blood , ( which is never envied for its advancement ) and as easie to keep high , being well studied in his Princes disposition , whose inclination when found is half fitted ; ever pleasing his Masters Natural humour , never his Vicious . Having attained a competent height , he chose rather to grow stronger by relation , than higher by advancement . Some Favourites , whose heels have been tripped up by their adversaries , have with their hands held on their Allies till they could recover their feet again . His familiarity , and the easie access to him , made him popular : his pliant temper kept him a Favourite , until he died in the full favour of his Prince ; though ( as Cardinal Pool observed ) The● who were highest in the Kings favour , had their heads nearest danger . He had a becoming Bluntness not unlike his Masters , which we call Free-heartedness in Courtiers ; Conscience and Christian simplicity in Clergy-men ; Valour in Souldiers . He died anno 1544. and was buried at Windsor ; much beloved and lamented of all , for his Bounty , Humility , Valour , and all Noble Vertues since the heat of his Youth was tamed by his reduced Age : whose two Sons Henry and Charles died within twelve hours one of the other , of the sweating sickness at Cambridge , 1550. He , knowing that learning hath no enemy but ignorance , did suspect always the want of it in those men , who derided the habit of it in others ; like the Fox in the Fable , who having lost his tayle by mischance , perswaded others to cut theirs as a burthen . But he liked well the Phylosophers division of men into three Ranks , some who knew good , and were willing to teach others ; these he said were like Gods among men ; others who though they knew not much , yet were willing to learn ; these he said were like men among Beasts ; and some who knew not good , and yet dispised such as should teach them ; these he esteemed as Beasts among men . The most miserable men he esteemed them , who running their head into a bush of confident ignorance , suppose that none see their weakness ; because they are not willing to take not●ce it of themselves . 1. A Calm Greatness is next the happiness of Heaven : Give me the man that by a fair and calm course is rising to an higher state , yet content with his p●esent fortune . 2. Integrity out-lasts Power , and Plainness survives Policy : An honest heart keeps the head on the shoulders ; a Noble and clear Vertue is lasting . 3. It 's likeness that makes the True-love-knot of friendship : When a Prince finds another of his own disposition , what is it but the same soul in a divided body ? what finds he but himself inter-mutually transposed ? And Nature , that makes us love our selves , makes us with the same reason love those that are like us : for this , is a Friend a more sacred Name than a Brother . 4. He that hath a mind contentedly good , enjoyeth in it boundless possessions . He is great indeed , that is great in a brave soul. Vitam quae faciunt beatiorem , Iucundissime Martialis , haec sunt : Res● non parta Labore , ●sed relicta ; Non ingratus Ager , focus perennis , Lis nunquam , toga rara , mens quieta , Vires Ingenuae , salubre Corpus , Prudens simplicitas , pares amici , Convictus facilis , sine arte Mensa ; Nox non ebria , sed soluta curis ; Non tristis torus , attamen pudicus ; Somnus , qui faciat breves tenebras : Quod sis esse velis , nihilque malis ; Summum ne metuas diem , nec optes . Observations on Thomas Cranmer , Lord Archbishop of Canterbury . CRanmer had a Noble Blood , quickning and raising his spirits , as he had an indefatigable industry to improve it . He was a Gentleman born in Arselecton in Nottinghamshire , and a Noble-man br●d in Iesus-Colledg in Cambridg . His Ancestors were no less eminent at Cranmers-hall in Lincolnshire , than he was at Lambeth in Surrey . They came in with the Conquest , ( as one Cranmer a French Ambassadour in Henry the eighths time , at the Archbishops Table , made it evident ) and he with the Reformation . His Education was as Gentile as his Birth , only his mild spirit meeting with a severe Master , his memory was weakened , and his spiritfulness allayed : but the austerity of the School was sweetned with the exercises of the Country , which his Father indulged him when he was young , and he indulged himself when aged ; handling his great Horse as nimbly , his Bow and Net as dexterously as any man in his family . His Marriage withdrew him from the Colledge , and consequent Church-preferment , as the Kings did him from the Church it self . He whose marriage forbid him a Fellowship in Iesus-Colledge , had a Lecture in Buckingham-House for his Parts and Reputation , where at once he prepared others for publick Employments , and himself also . He lived as soberly at the Dolphine-Tavern with his Wife , ( whatever the Papists have surmized ) as he did studiously at Buckingham-house with his Scholars . His Name was so famous , that Wolsey was not more solicitous to transplant him as an Ornament to Oxford , then Fisher was to retain him in Cambridg ; where he was eminent for the Arts , mo●e for Divinity , which ( when as one of the three Censors he examined Candidates ) he said he expected not in the difficult trifles of Lumbard , but in the sacred sense of Scriptures , the ancient Doctrine of Fathers , the grave Canons of Councils , the solid Politeness of the Greek and Hebrew Learning , and which he lived as well as he taught , in his sober temperance , his mild meekness , ( so placable , so courteous , that to offend him , was the way to ingratiate with him ) his discreet moderation , his grave resolution equally above the frowns and smiles of fortune . Thus qualified , he was by a P●ovidence commended to his Majesty : for there being a Plague in Cambridge , as there was all over England , Dr. Cranmer retired to Waltham with two of his Pupils , the sons of one Mr. Cressy : where upon the Kings Progress thither , he met with his Chaplain and Almoner Dr. Fox , ( afterwards Bishop of Hereford ) who lodging with him at Mr. Cressy's , discoursed the Kings Divorce . Cranmer conceived that the speediest course were to prove the unlawfulness of the Ma●ch by Scripture ; whence it would follow , that the Pope at first had no power to dispense therewith ; and that th● Universities of Chri●tend●m would sooner and truer decide the case than the Cour● o● Rome . This passage Fox reports to the King , who well pleased thereat , professeth that this man had the Sow by the right Ear : Glad was the King to see him , ( indeed he had a comely Person , and a pleasing Countenance ; ) more to hear him inlarge himself on the former Subject , That it was above the Popes p●wer to dispense with Gods Word in the Kings Case : What he said to the King , he was sent to make it good to the Pope ; whither , invested with the A●ch-Deaconry of Taunton ● he went with Thomas Bullein Earl of Wiltshire ; whose fi●st Address to the Pope , was to present a Book of Cranmers , proving Gods Law indispensible with by the Pope ● the Author is preferred to the great Title of Supreme Poenitentiary , and the Treatise is promised a Consideration and Debate : But the Pope delaying , & according to Cranmer's Advice , ten Universities declaring against him ; the Embassador returns to England , and the Dispu●ant goes to Vienna , where in Os●anders House ( whose Kinswoman he had married ) he confirmed those that wavered , satisfied those that doubted , and won those that contradicted in King Henry's Cause . But he served not King Henry more faithfully in Germany , than he provided for him honourably in England ; where the Kings Cause waited for his Assistance , and the See of Cante●bury for his Acceptance : He was willing to promote Religion , he was unwilling ( for some Formalities he scrupled ) to advance himself : but after seven Weeks delay , it being as fatal to re●use King Henry's Favours , as to offer him Inju●ies , he is Archbishop in his own De●ence ; in which capacity , to serve the King , and salve his own Conscience , he used the Expedient of a Protestation to this purpose : In nomine , &c. Non est nec erit meae voluntatis aut intentionis per hujusmodi Iuramentum & Iuramenta , qualiter verba in ipsis posita sonare videbuntur , me obligare ad aliquid ; ratione eorundem post hac dicendum , faciendum aut attestandum , quod erit aut esse videbitur contra legem Dei , vel contra Regem , aut Rempublicam , legesve , aut Praerogativa ejus : & quod non intendo per hujusmodi juramentum quovis modo me obligare quò minùs liberè loqui , consulere , & consentire valeam in omnibus & singulis Reformationem Ecclesiae , prorogativam Coronae , concernentibus , & ea exequi & reformare quae in Ecclesia Anglicana reformanda videbuntur . This Protestation he made three times ; once at the Charter-House , another time at the Altar , and a third time at the receiving of his Pall. In his place he was moderate , between the Superstition of Rome , and the Phrensies of Munster . As he was cheif Instrument in beginning the Reformation , so he was in continuing it : He withstood the Six Articles , and ( though the King sent five prime Ministers of State to comfort him ) would not be satisfied , until he saw them mitigated in King Henry's time , and repealed in King Edward's . Gardiner would have questioned him for entertaining forein Hereticks , and promoting Domestick Schisms ; the Northern Rebels accused him for subverting the Church : but the King upheld him against both ; suppressing the One , and checking the Other ; and advising the good Man , whom he called Fool , for his meek disposition , to appeal to him : Whereupon Russel cried , The King will never suffer him to be imprisoned , until you find Him guilty of High T●eason . He is to be pitied for his intermediate failings , but renowned for his final constancy . The King having declared before all his Servants , that Cranmer was his best Servant , he employeth him in his best service , the Reformation of Religion , wherein all others failed ; but the King , Cromwel , and Brandon backed him so far , that he had the Bible & the necessary Offices of the Church translated into English : He had both Universities at his command : He brought the Lords House and Convocation to his Lure ; and was invested with a Power . 1. To Grant Dispensations in all things not repugnant to Gods Law , nor the Kings safety : 2. To determine Ecclesiastical Causes . He as charitably as politickly advised the King to accept of Bishop Fisher's partial Subscription , considering his Learning and Reputation . As he is King Henry's Instrument at Dunstable , to divorce him from Queen Katharine ; so he is at Lambeth , to divorce him from Anna Bullein . He promoted in the Convocation all Primitive Doctrines , and condemned all new-fangled Opinions . He was so charitable , that he interceded with the King for his Enemies ; so munificent , that he made the Church and his own House a Refuge for Strangers ; particularly for P. Fagius , P. Martyr , Martin Bucer , &c. The King loved him for his Integrity , the People for his Moderation : He was called the Kings Father , and was Queen Elizabeth's Godfather : His Piety reduced the C●urch , and his Policy the State : He spake little to others , he conferred much with himself : Three words of His could do more than three hours discourse of others : He would say , as Victorinus , There is a time to say nothing , there is a time to say something , but there is never a time to say all things . That King , who awed all Others , feared Him. A Second to the Eternal Power , is the Wise Man uncorrupt in his Life . He was the Executor of God's Will in King Henry's Life-time , and the first of His , after his Death . As He spurred King Henry to a Reformation , so King Edward did Him ; whose Prudence was not so forward as the Others Zeal , who looked at what was Lawful , as He did at what was Convenient . He maintained the Churches Power as resolutely against Bishop Hooper's Scruples , notwithstanding potent Intercession : as he reformed its Corruptions against the Popes Interest , notwithstanding a general Opposition . He allowed not the least Errour in , nor the least contempt of the Church : He restored its primitive Doctrine and Discipline , lest it should be an impure Church ; he upheld them , lest it should be none . He was one of fourteen that compiled the Common-Prayer : He was One of Two that set out the Homilies ; and the only man that published the Institution of a Christian man , and other good Books . With his Advice King Edward did much , and designed more : He was the chief Author of King Edward's Injunctions , and the first Commissioner in them : He was President of the Assembly at Windsor , ( for Reformation ) and of the Council at London : His A●ticles were strict and seve●e ; as much grounded on the Canon of Scripture , as on the Canons of the Church : He convinced more Papists with his Reason and Moderation , than others by their Power : His Heart never failed him in his Life , and it was not burned at his Dea●h . He did so much for the Protestant Religion in King Henrys Days , that he foresaw he should suffer for it in Q●een Mary's . He was unwilling to wrong Queen Mary and Queen Elizabeth , therefore he refused at first to sign King Edwards's Testament , but Duke Dudley's Will : He was willing to continue the Protestant Religion , therefore he signed it at last . It was a Bishop that was one of the first that abolished Popery in England , and one of the last that died for Protestantisme : It was a Bishop that maintained the Protestant Cause with Arguments while he lived , & with his Blood when he died . This prelates endeavor for Reformation is shadowed by this Mystical Relation . The Castle of Truth ( being by the King of Ierusalem ) left to the guard and keeping of his best Servant Zeal ) the King of Arabia ( with an infinite host ) came against it , begirt it round with an unreasonable Seige , cuts of● all passages , all reliefs , all hopes of friends , meat , or munition : which Zeal perceiving , and seeing how extremity had brought her to shake hands with despair ; he calleth his Council of War about him , and discovered the ●ffliction of his state , the puissance of his Enemies , the violence of the siege , and the impossibility of conveying either messages or Letters to the great King his Master , from whom they might receive new strength and incouragement . Whereupon the necessity of the occasion being so great , they concluded that there was no way but to deliver up the Castle ( though upon some unwholsome conditions into the hand of the Enemy ) but Zeal staggereth at the resolution , and being loath to loose hope as long as hope had thread or hair to hold by ; he told them he had one friend or companion in the Castle , who was so wise , so valiant , and so fortunate , that to him and his exploits alone , he would deliver up the manage of their safelty ; this was Prayer , Chaplain to the great King , and Priest of that Colony ; then Prayer was called for , and all proceedings deb●ted : he presently armeth himself with Humility , Clemency , Sincerity and Fervency ; and in spight of the Enemy passeth his Camp , comes to the King his Master , and with such moving passion entereth his eares , so that presently Armes are raysed , which returning under the Conduct of Prayer , overthroweth the King of Arabia , makes spoyl of his Camp , and gives to the Castle of Truth its first noble Liberty . Observations on Sir Thomas More , Lord Chancellour of England . HE rose●up high , because he stept out well : Sir Thomas More was half way Chancellour , when born to Sir Iohn More Chief Iustice. The Father's Prudence , Wit , and Nobleness flowed with his Blood to the Sons Veins : Much Honour he received from his Family , more he gave to it : His Mother saw his Face shining in a Dream , on her Wedding Night ; and his Father saw his Life so really : A quick City-Spirit made him capable of great State-Employments . He was saved by a Miracle , and was One : For his Nurse riding with him over a Water , and being in some danger , threw him over a Hedge , where she found him not hurt , but sweetly smiling upon a her . A Free-School seasoned his forward Childhood ; and the grave , wise , and excellent Cardinal Mortons House his Youth : The One with Learning , to make him a Scholar ; the Other with Prudence , to make him a Man : But the Distractions of that House were not so proper for his promising Ingenuity , as the Retirements of the University ; where in two years time he shewed what Wonders Wit and Diligence could do in Rhetorick , Logick , and Philosophy : The b Colledge kept him strict , and his Father short , so that ( as he● blessed God afterward ) He had neither the leisure nor the means to be vicious : The Cardinal said he would be Great , and his excellent Genius said he would be Humble : The Lord Chancellour would give place to , and ask blessing of the Lord Chief Justice : The Father being not more happy in his Son , than the Son in his Father . At 17 his wit was eminent for his Epigrams : His Antilucian Oration commended by all men but Brixius , for pure , genuine and flowing : At 18 his wisdom in overcoming his Antagonist Brixius with kindness , and himself with Mortifications . His fastings were frequent , his watchings on the hard ground severe ; his Hair-cloath even in his Chancellourship course , his exercises among the Carthusians in the Charterhouse for four years austere ; his design● for the Franciscan Hood , and a Priesthood with his Friend Lilly , solemn ; His prayers uninterrupted ; When the King sent for him once at Mass , he answered , That when he had done with God , he would wait on his Majesty : He imitated Picus Mirandula's Life , and writ it : He heard Dr. Collet his Confessours Sermons , and followed his li●e ; whose experience was his counsel , whose conversation was his life . He could not away with the good Sermon o● a bad man : Collet was his Father ; Lin●●re , Lilly , Grocine , were his Friends . He learned more by prayer , than he did by study : his Poems were acute , his Speeches pure and copious , his Latine elegant ; yet his head was knotty and Logical : his Diet was temperate , his Apparel plain , his Nature tractable and condescending ( though very discerning ) to the meanest mens counsel ; his Vertues solid , not boasted . In a word , the foundation of his Li●e was as low as the building was to be high . Words and Terms being not by Nature , but Imposition , verborum ut nummorum ; those were best liked by him that were most current amongst the best Artists ; he fearing new words as leading to new things : though the quitting of ancient and allowed expressions to affect new phrases will be no advantage at long run , for whatsoever be the forms of speaking , the state of things will be the same ; and the very argument , that convinceth an erroneous person now in the old received and Orthodox Language , would convince him likewise in the new wayes of speaking , which he desires to introduce , after it is formed , and generally understood : All the benefit that he could make of it , would be only a little time between the suppression of the one , and the introduction of the other , wherein he might jugle and play Hocus Pocus under the Cloak of Homonymous and Ambiguous expressions . In vulgar appellations we are to speak as the common people ; but in terms of Art ( which saith Scaliger are rudibus ingeniis acerba , delicatis ridicula ) we are to follow the most approved Artists , the Mushrome Errours and Haeresies springing up in his time he advised should be rather suppressed by Discipline , than increased by disputations ; they , who in the common principles of Religion clash ordinarily with the whole Church ; who so affectedly swerve from the approved rules , and healthful constitutions of all orderly Common-wealths , to the disturbance of all humane society , and the cutting off of all Relations between man and man ; they who cannot preserve Unity with themselves , but are ever and anon interfereing & tripping up their own heels by contradictions , need no just confutation , or single , or other adversary than God , themselves , and all mankind ; since their opinions are grounded upon their own imaginations , rather than approved Authority ; and they interpret Scripture not according to the perpetual tradition of the Church , but according to their own distempered ●ancies , and that in discourses more full fraught with supercilious confidence , than deep reason : It were a folly to draw the saw of conten●ion with them , especially in such a case where it is impiety to doubt , and Blasphemy to dispute ; Quid cum illis agas ; qui neque jus , neque bonum aut aequum sciunt . ●Melius , pejus , prosit , obsit , nil vident nisi quod lubet . Such daring mens opinions , creating truth , and falsehood by the words of their mouth , being like a pillar of smoak breaking out of the top of some narrow Chimney , and spreading it self ●broad like some Cloud , as if it threatned to take possession of the whole Region of the Ayr , darkening the skye , and seeming to press the Heavens ; and after all this , when it hath offended the eyes a little for the present , the first puffe of wind , or a few minutes do altogether disperse it , The little Mouse stealeth up through the Elephants trunke to eat his brains ; the Indian Rat creepeth into the belly of the gaping Crocodile ; and the least opposition overthrows these great pretenders , especially if you give them line and space enough to bounce and tumble up and down , and tire themselves out . Great he judged was the influence Religion had upon humane societies , whether we consider the nature of the thing , or the blessing of God ; without which they are soapy bubbles , quickly dissolved . Cicero could say that Rome ought more of its grandeur to Religion , than either to strength or stratagems ; we have not exceeded the Spaniards in number , nor the Gaules in strength , nor the Carthaginians in craft , nor the Graecians in Art , &c. but we have overcome all Nations by our Piety and Religion . He esteemed all Common-wealths happy , but those wherein Preachers , like the Graecian Sophisters , described in Plato all whatsoever pleased the great Beast [ the multitude ] holy , just , and good ; and whatsoever the great Beast disliked , evil , unjust , prophane . He married himself to a Vertue , and not to an Estate : he likes a younger sister , yet out of civility he embraceth the elder . Happy he was in his modest Wives , happier in his hopeful Children . His Government of his Family was exact , enjoyning all his Children to take Vertue for their meat , and Play for their sawce . His proficiency in the b Law was admirable , his Practice successeful , his Judgment solid , his Integrity eminent ; his Determinations in the Sheriffs Court , his Activity for the Stilyard , his Practice in the Courts of Justice , raised him to a Place in Parliament : where he was so good a Patriot , that he displeased King Henry the seventh ; and so wise a man , that he awed King Henry the eighth : the one by Fox demands one Subsidie and three Fifteens , and the beardless boy ( as the Courtiers called Sir Thomas ) disappointed him ; the other made a motion by Wolsey , which he overthrew , so that the Cardinal wished him at Rome . He retires to his studies to avoid Henry the seventh's displeasure , and improves them to gain his sons favour , who by his Cardinal invited him to Court , and employed him abroad to France to recover his debts ; to Flanders , to confirm the peace . Employments he avoided a while , to keep his City-interest ; and in case of controversie with the King , to prevent their jealousie : his business was so urgent , that you would think he had no leasure ; and his writings so exact , that you would think he had no business . Not a minute of his time escaped employment . His History of Richard the third is faithful , his Vtopia is judicious and elegant , his c Lectures at St. Laurence were learned and pious . His Popularity in Parliament commended him to his Majesty : his strong Arguments for the Popeship in Star-chamber , brought him to him against his modest inclination , as much as against Wolsey's interest . His ability set him on the Council-table , his integrity placed him in the Exchequer : His d Services promoted him to the Dutchy of Lancaster , his Dexterity and Prudence made him the Kings bosome friend , and his familiar all his spare hours ; whose Questions in every Art and Science were not more useful , than Sir Thomas his Answers were satisfactory . His advice was his Majesties and his Queens Oracles in Counsel ; his discourse was their recreation at Table . He was not more delightful to the King at Court , than he was serviceable to him in appeasing tumults , &c. in the City● He was the Kings Favourite at White-hall , and the Peoples Darling at Westminster , where he was Speaker as well with the unanimous consent of the one , as with the approbation of the other ; and between both , impartial , equally careful of Prerogative and Priviledges ; neither awed from right by power , nor flattered with popularity . He declined Forein services with as much Dexterity as he managed Domestick ones . He served the King faithfully , but trusted him not , as one that enjoyed and suspected Fortune , saying , If his Head could win King Henry a Castle in Wales , it would off . The King and Kingdome trusted him , who e was that one sound Councellour the King had . The Cardinal told him he was the veriest Fool in the Council : he replied , God be thanked my Master hath but one fool here . His Honour was set off by a grave condescention , and a grave humility . Did he argue ? he was very moderate , civil , and modest . Did he reprove ? he was pitiful , grave , and prudent . Was he with the King at the University ? he was ready and eloquent . Was he abroad ? he heard th● Lectures attentively , and disputed f accurately . To his Friend as Dr. Tunstal , none more faithful : to learned men , as Erasmus , none more civil : to devout men , such as Bishop Fisher , none more fi●m : to hopeful men , such as Powle , there was none more encouraging : to painful men , such as Grocinus , Linacer , Crocus , Lupsel , Lilly , Cocklee , Budlera , Dorpin , Bewald Luscar , Grannould , Vines , Groclenius , Buslidian , AEgidius , Rhenanus , none more familiar , constant , or liberal : in his conscience none more satisfied and sedate : in his discourse none more innocent and pleasant : in his heart none more devout and sincere . His meditations were frequent ; his retirements to a Chappel , built of purpose , daily ; his Prayers constant and zealous ; his conversation with his Wives , loving and debonnair , taking them off their cares to reading and musick . His Servants were always employed either in his , or Gods service , suffering them not by idleness to be at leisure for sin , nor by wanton converse to be tempted to it . His Table-talk after the Chapter was pleasing and useful , his counsels useful , his converse exemplary ; his family-instructions to hear afflictions patiently , to withstand temptations resolvedly , to mind heavenly matters devoutly , to go plainly and soberly , to recreate themselves moderately and vertuously , were effectual . There went a blessing along with all his Servants , and happiness with his whole Family . His Apophthegms were grounded on experience and judgement . He would say , 1. He was not always merry● that laughed . 2. The World is undone ●y looking on things at distance . 3. To aim at Honour here , is to set up a Court of Arms over a Prison-gate . 4. If I would employ my Goods well , I may be contented to loose them ; if ill , I should be glad . 5. He that is covetous when he is old , i● as a Thief that steals when he is going to the Gallows . 6. Bags of Gold to us when Saints , will be but as a Bag of Pebble-stones when men . 7. The greatest punishment in the World were to have our wishes . 8. Pusillanimity is a great temptation . 9. Affliction undoes many ; Pleasure most . 10. We go to Hell with more pain than we might go to Heaven with . Of Heresie he said , Like as before a great storm the Sea swelleth , and hath unwonted motions without any Wind stirring ; so may we see here many of our English-men , which a few years ago could not endure to hear the name of an Heretick or Schismatick , now to be contented both to suffer them , and to praise them somewhat , yea , to learn by little and little , as much as they can be suffered , to finde fault , and to tax willingly the Church , the Clergy , and the Ceremonies . 11. The more of any thing else we have , but Riches , the more good we are . 12. Who would not send his Alms to Heaven● Who would not send his Estate whither he is to be banished ? 13. Some Men hate Hypocrisie , and love Impudence . 14. When any detracted others at his Table , he said , Let any man think as he pleaseth , I like this room well . 15. It 's easier to prevent , than redress . Indeed throughout his Works he argueth sharply , he reasoneth profoundly , he urgeth aptly , stateeth exactly , expresseth himself elegantly , and di●courseth learnedly . He would rather convince , than punish ; yet he would rather punish than indulge them : his Epitaph be speaking him grievous to Hereticks , Thieves and Murtherers . When King Henry scrupled his fi●st marriage , Sir Thomas told him , That neither he nor my Lord of Durham were so fit to advise him in that case , as St. Augustine , St. Jerome , and the other Fathers . His advice was so unseasonable , that it opposed the King ; yet● so grave and honest , that it pleased him . His Experience and Prudence had a fore-fight next door to Prophecy ; and from the unquiet times o● King Henry , did he guess the ruine of King Charles . He would say that it would never be well in England , until the same course obtained there , that did in Syria , where Zeleucus was so severe against Innovators , that he enacted that if any Man made a proposition for a change in their policy , he should make it with an Halter about his Neck , that if he failed to justify it by reason , he should justify his attempt by suffering , — because as some Philosophers hold , that there is not so much as an Aspin Leaf stirreth in one part of the World , but it maketh some alteration in the whole , the efficacy of it , like Drake and Cavendish compassing the Globe of the Earth , and making the eighth Sphere of Heaven tremble : so wise men know that every change in a State altereth the constitution , and the effects of an Innovation in the body politick circleth , as do those of a new Impr●ssion , according to Harvey's method upon a body natural : though I must confess that many new proposals are opposed , not for the distant effects of them feared in the Common-wealth , but for some neer influence they may have upon some Mens private Interest . — It hath been given out , that the burning of our Hea●hs in England , did hurt their Vines in France : b●t wise Men looked upon this pretense , ●s a meer scare-crow , or made-dragon ; the hurt it did was neerer home , to destroy the young moore-fowles , and spoyl some young burgesses game . — He converted many with his Arguments , more with his Prayers , which workt wonders of reformation on the erroneous , as they did of recovery on the weak . He wished three things to Chri●tendome : 1. An Universal Peace : 2. An Uniform Religion : 3. A Reformation rather of Lives than Religion . He never a●ked any thing of his Majesty but Employment , and nev●r took any thing more acceptable than Service . His Alms were liberal to his Neighbours , and good works numerous g towards God. He would take no Fees from the poor , and but moderate ones from the Rich. All London was obliged to him for his Counsel at home , and all England for his Peace at Cambray , where he out-did expectation . The King raised him to the Chancellorship , but not to his own opinion : he professed he would serve his Majesty , but he must obey his God : he would keep the Kings conscience and his own . His Wisdome and Parts advanced him , his Innocence and Integrity ruined him : his Wit pleased the King , but his Resolution crossed him . Wolsey was not so proud and reserved , as Sir Thomas was open and free to the meanest : his mind was not so dazled with honour , but he could fore-●ee his ●all . When his ●on● complained how little they gained under him , I will do ju●●ice ( said he ) for your sakes to any man , and I will leave you a blessing ; dec●eeing one day against his own son that would not hear reason . Fi●st , he offered the Judges the Reformation of Grievances ; and when they refused , he did it himself . — No Subpoena was granted but what he h saw , no Order but what he p●rused : nothing passed from ●im towards the su●ject , but what became a good Magistrate , nothing towards his Master , but what became a faithful servant . Neither King nor Q●een could corrupt , neither could the whole Church in Convocation fast ●n any thing upon him . To one who told him of hi● Detract●rs , he said , Would you have me punish those by whom I reap more benefit● than by all you my friends ? Pe●fect Patience is the Companion of t●ue Pe●fection . But he managed not his trust with more integrity and dexterity , than he left it with honour ; leaving not one cause undecided in the Chancery : foreseeing that he could not at once con●ent his Majesty and his own heart . His Servan●s upon his fall he disposed o● as well as his Children ; and his Children he taught to live soberly in a great estate , and nobly in a mean one . He never put an Heretick to death when Ch●ncellour , neither would he suffer Heresies to live when a private man. When my Lord Cromwel came to him in his retirement , he advised him to tell ●he King what he ought , not what he can do ; so shall you shew your self a true and faithful servant . and a right worthy Councellour : for if a Lyon knew his own strength , hard were it for any man to rule him . The King feared him when he could not gain him , & therefore he was ●i●ted in his ●ormer carriage and present temper , whic● continued constant to his duty , and even under his changes . He was open-hearted to all that came , yet so wary in his discourse with the Maid of Kent , ●hat his enemies confessed he deserved rather h●nor t●an a check for that matter . When the Duke o● Norfolk told him , that the wrath of a Prince is death ; he said , Nay , if that be all , you must die to morrow , and I to day . He behaved himself at all Examinations at once wisely and honestly . When Archbishop Cranmer told him , he must obey the King which was certain , rather than follow his conscience , that Lesbian rule which was uncertain ; he replyed , It 's as certain that I must not obey the King in evil , as that I must follow my conscience in good . When the Abbot of Westminster told him , his conscience should yield to the wisdom of the Kingdom , he said , He would not conform his conscience to one Kingdom , but to the whole Church . He underwent his sufferings with as much cheerfulness as his preferment ; pleasing himself with his misfortunes , and enjoying his misery ; resolving to obey God rather than man , to leave others to their own consciences ; to close with the Catholick Church rather than the Church of England , and to submit to general Councils rather than ●o Parliaments . Mr. Rich put to him this Question , Whether if the Parliament made a Law that he were Pope , would he not submit to it ? and he replyed , If the Parliament made another that God should not be God , would you obey it ? Though he could not own the Kings Supremacy , yet he would not meddle with it either in his Writings or discourse ; shewing himself at once a civil man , a good Christian , and a noble Confessour . His soul was well setled ; his stature was mean , but well proportioned ; his complexion phlegmatique ; his countenance amiable and cheer●ul ; his voice plain and distinct ; and his temper sound and healthful . I can add nothing to the honour of this good man , yet will I pay this further devotion to his virtue , whereof honour was a testimony , as long as it was its self : wort●less men having made the honour bestowed on them as despicable as themselves that wore it ; that royal favour receiving more contempt from them , than it gave reputation to them . A good name , the great instrument of doing good while we live ; and our other life when dead could [ he said ] if any thing justify the barbarous way of duels : since he is the most bloody man to himself , that is careless of reputation . So as to be indifferent what he doth , or what others say ; is to bury himself alive . His Credit , which he said was his Royalty ( there being but two Empires in the World , the one a general love and esteem , the other common dread and fear — ) put him upon , being watchful for occasions , constant in his actions , moderate in prosperity ; resolute in encounters ; calme in troubles , above fortune , and able to make and piece up the broken miscarriages of chance , that he might be settled in that state , which is the work of greatness , and the inheritance of goodness , the prospect whereof is pleasant ( though the ascent be sharp and slippery , ●he top shaking , the footing uncertain , and the downfall fearful : ) and the reflections of it , when moderated with humility , like those o● the Sun , when allayed in his declension , pleasing and cheerful . Towards the attainment whereof , the Lives of former Worthies were such incitements to this , as Hercules was to Theseus , Miltiades to Themistocles , and Achilles to Alexander ; — And nothing , the good Man would discourse , should men be more render of , than of Mens ho●our , since t●e●e were but two effectual restraints from Vice , shame and fear ; and but two motives to Virtue , Honour and Interest ; the fi●st of which is so much the darling peculiarly of the English Nation ; that this is called by a French Author , the Land of Honour . His Fall was attended with a greater fame than his height ; as the Sun in the Evening hath a greater ●hadow than at Noon . WHo is the honest man ? He that doth still and strongly good pursue , To God , his Neighbour and Himself most true : Whom neither force nor fawning can Vnpin or wrench from giving all their due . Whose honesty is not So loose and easie , that a ruffling winde , Can blow away , or glitt'ring look it blinde : Who ●ides his sure and even trot While the World now rides by , now lags behinde . Who , when great trials come , Nor seeks● nor ●huns them ; but doth calmly stay , Till he the Thing and the Example weigh All being brought into a sum , What Place or Person calls for , he doth pay . Whom none can work or wooe To use in any thing a trick or sleight ; For above all things he abhors deceit : His words and works and fashion too All of a piece , and all are clear and streight . Who never melts or thaws At close tentations : when the day is done , His goodness sets not , but in dark can run : The Sun to others writeth Laws , And is their virtue ; Virtue is his Sun. Who , when he is to treat With sick Folks , Women those whom passions sway , Allows for that , and keeps his constant way ; Whom others faults do not defeat , But though men fail him , yet his part doth play . Whom nothing can procure , When the wide World runs Bias , from his will To writhe his limbs , and share , not mend the ill . T is is the Mark-man , safe and sure , Who still is right , and prays to be so still . Observations on the Life of Thomas Cromwel Earl of Essex . Most of them from the Notes of Thomas Cromwel Esquire , one of his Posterity , who made a Collection of Observations upon him , 1633. from the Ancestors of Baronet Worseley , and Sir Ralph Hopton , who had been his Servant . PVtney saw his Cradle in a Cottage , and England saw his Coffin in a Ditch ; His Original was mean , his End meaner : A suddain height in an unsettled time ruined him : A moderate and leasurely Grea●ness is safe . His Blood ran low , but pure , ennobling the veins it flowed in with a Spirit that was to raise a Family , and Deserve that Honour that others Inherit . His honest Parents conveyed him a strong Constitution that could support stronger parts : The poor mans good Temper is an Inheritance , and the Rich his Effeminacy his Disease . A private School civilized his parts ; Travel and Employment improved them : His Necessity , when at home , made him a Soldier abroad ; and his Observations abroad made him a Man at Home : The Experience of Travel enlarged his Soul , and the Hardship of War knitted and consolidated it : His hard Fortune at Cambray was the occasion of his good One in England ; and had he not been undone , he had been undone : For his promising looks commended him to Frescobald the Merchant for Relief , and to Cardinal Wolsey for service , in whose private Service of Secretary for his Embassie in France , he prepared himself for that more publick of Secretary of State in England . Great Scholar he was none , ( the Latine Testament gotten by heart being his Master-piece ) nor studied Lawyer : never admitted to the Innes of Court ; nor experienced Souldier , though Necessity cast Him upon it , when the Duke of Burbon be●ieged Rome ; no● Courtier ( till bred up in Cardinal Wolsey's Court : ) yet that of the Lawyer in him so helped the Scholar , that of the Souldier the Lawyer , that of the Courtier the Souldier , and that of the Traveller all the rest ; being no Stranger to Germany , well acquainted with France , most familiar with Italy ; so that the result of all together made him for Endowments eminent , not to say admirable . His Apprehension was quick and clear ; his Judgment methodical and solid ; his Memory strong and rational ; his Tongue fluent and pertinent ; his Presence stately and obliging ; his Heart large and noble ; his Temper patient and cautio●s ; his way industrious and indefatigable ; his Correspondence well laid , and constant ; his Converse insinuating and close : None more dexterous to finde out by his Setting-Dogges , and Coy-Ducks , none more reserved to keep a secret . He was equal ( ●aith my Author ) to the French Politicians , when under his Master ; he over-reached them when alone ; doing more in one month with his subtle Head , than the other in twelve months with his stately Train . The King of France would have pensioned up his parts , but the Vice-Roy of England advanced them . His Master brought him first to serve his Country in Parliament ( that great School of Experience ) and then his King at Court ; where defending his Masters great actions , he made it evident he could perform greater . His saying in defence of his Master , that new States-men , like fresh Flies , bite deeper than those which were chased away before them , stuck much with the House , that was then sensible , that many of the Country-Gentlemen discoursed of the Court-States-men , but with the same success that the Gown-man Harangued it before Alexander of Military Affairs , who laughed at the Scholar for talking of War to a Souldier : his defence of his Master being the more observable for his civilities to his adversaries , he being very cautious of reflecting upon his Patrons Enemies , while he excused him , the bespattering of others being not the best method of purging him , and Memnon gave a railing Souldier a good blow with his Launce , saying , I hired thee to fight , and not to raile . — Neither delighted he in being the Davus , the troubler of the Parliament , which he observed play'd the part of fond Musicians , which spend so much time in tuning their Instruments ; that there is none left to spare for their Musick . — He wished that our reformation might be in one respect , like the reformation of the Turkes , who thought that the best way to understand the Al●oran , was to burn all the Interpreters , it being true of the Bible , what one observeth of one Text of it , that was clear before it was commented upon : A truth become seasonable [ as there is no new thing under the Sun , and what ●ath been , will be ] in a less revolution of time , than Plato's great Ye●r , even in our times , when passion guides Religion , that should be governed by it , as being without i● , but a short madness turning man into a wild Beast that is goared , which runneth upon every thing that cometh in its way , without consideration ; or like a violent torrent descending down impe●uously from a steep Hill ; which beareth down all respects before it , divine and humane ; For whilst passion is in the heighth , there is no room for reason , nor any use of the dictates of the understanding , the mind for the time being like the Cyclopian Cave , where no Man heard what another said , — only what they want in them singly in reason , may joyntly be made up in noise ; and their respective defects in Arguments , be supplied by their communion in suffrage , — And it is the wisdom of those , who are concerned in what they oppose , to stand out of their way , at least till the storm be over ; — Omnis campis duffugit Arator Omnis & Agricola — — Dum pluit in terris , ut possint sole reduct● Exercere diem . — Their reason with time and due consideration will be better attended to , when this earnestness hath a little spent its self into a calmness and allay . Such was his Wit , such his Eloquence , that they who hated the Client , admired the Advocate : And though he could not keep his Patron from falling , yet he raised himself ; that being the first time his Eminent Parts were observed . An advantageous starting is more than half way in the Race of Preferment . For hereupon he is first Master of the Kings Jewels , and then of what was more precious , his Secrets . His Conscience inclined him to the Churches Reformation , his Interest complied with the Kings ; he unlocked the secre●s of Monasteries by his Spies , and put the King upon destroying them by his Power . The University of Cambridge made him Chancellor , to save it self ; where though he did no great good , yet hi● Greatness kept others from doing harm , in an Age w●erein Covetousness could quarrel a Colledge , as well as an Abbey , into superstition . He was trusted by the King with the Roll● and Records of England ; and by the Scholars , with the Charters and Satutes of their Universities . He reforms the University , in order to the Reformation of the Church ; enjoyning the study of the Scripture and the Tongues , instead of School-Divinity and Barbarism ; recommending Aristotle , Agricola , Melancthon , to their reading ; and the Doctrine which is in Spirit and in Truth to their Faith : and razing the Popes Bulls , to make way for the Kings Favour , and that Architectonical Power , to see that all subjects within his Dominion , do their duties in their several Callings , for the safety and tranquillity of the Common-wealth . He was an eminent Minister of State , and Chief Governour of the Church ; proceeding in Convocation very discreetly , modelling the Church-Laws very prudently and moderately : looking into Monastical Abuses very narrowly and industrio●sly ; mawling Religious Houses , violently pulling down those Nests , that the Rooks might not return : His Master had disobliged the Pope , and he weakeneth him . It was not safe to disown his Supremacy , and entertain thousands of his Creatures : If a Kingdom be divided against it self , it cannot stand ; and if one part of the English pay their devo●ion to a supream Head at Rome , and another to a supream Governour in England , they must both fall . If the Persons might disturb the Government , it is fit their Estates should secure it ; and if the Papists should foment a War , their Lands should maintain it : But Cromwel contrives that the Pope should confirm Alienations in Wolsey , before he sh●uld practise it for the King. As the King knew whom he employed , when he trusted him : so he knew whom he trusted , when he employed Docto● Lee ( an able servant to an abler Master ) He fi●st dec●yed Religious Men out of their Covents by the allurement of Liberty , and then forced them out by Power and Authority . As the Abbeys improved his Estate , so his Master advanced his Honour . He had one Privy Seal always to act by , and was Keeper of another : He had no sooner attained an Earldom for himself , but foreseeing the alteration of Affairs , he secured a Barony for his Son , nor forfeitable by the Attainder of the Father . Within five years he was Master of the Jewel-house , Chancellor of the Exchequer , Secretary of State , Baron , and Viscount Wimbledon in Middlesex , Vicar General , Master of the Rolls , Knight of the Garter , Keeper of the Privy Seal , Lord High Chamberlain , and Earl of Essex , Justice in Eyre of Forrests , Chases , and Parks , &c. N. Trent ● Within five Months he quitted most of these places , and in five minutes lost all . He must needs be envied , whose Birth was so much beneath all others , and his Preferment above them : especially when the King in preferring him injured others ; as , the Citizens , in managing the Jewels ; the Courtiers , in undertaking State-affairs ; the Lawyers , in the Rolls a ; the Nobly descended , at b Winsor ; the Clergy , in the c Convocation ; the Earl o● Oxford , and the Family of the Bourchiers , in the great Chamberlainship and Earldom of Essex . But he cares not whom he displeaseth , if he can oblige his Master ; whose power he advanceth in the Pa●liament and Synod , as he improveth his Re●enue in the Office of first-F●uits , and the Court of Augmentation . His Greatness wa● allayed with his Goodness ; and the Envy of the One , mitigated by ●he Liberality of the other : He had not more Suiters at his Door than Almes-men ( two hundred at a time : ) As he was good abroad , so he was at home , calling upon his Servants yearly , to give him an account what they had got under him ; and what they desired of him , warning them to improve their opportunities ; because he said , he was too great to stand long ; providing for them as carefully , as for his Son , by his Purse and Credit , that they might live as handsomely when he was dead , as they did when he was alive . Sir Thomas was a Name of Awe and Reverence to the Rico , and blessed by the Poor : That Name , when his Fortune and Power tempted him ●o an insolency , d le●elled the proudest Ci●izens House for ●is convenie●cy , and bowed the poo●est Man's Knee to his Honour , his mind being equal to his ●uccess . He c●uld at pleasure work upon the Lo●ds b● the Commons , and on the Commons by the Lords : as Cardinal Wols●y perswaded the Commons to four S●illings in the P●und upon the Lords president ; and the Lords to as much upon the Commons : and he kept up the Cardinals way of A●ticipation , that the People should be always one Subsidy before-hand . He set up the old Taxation of Knight-hood at Q●een Anne's Coronation , and levied it , making amends to ●he People ●or all his hard Impositions : because a● Vesp●sian to the Romans , so He to the English , was Antiquo cultu victu ●ue praecipuus a●tricti moris Author ● by his observing of ●he ancient Diet of the Countrey , and the old fashion of Apparel , he w●s to them a principal Author of their frugality . He confi●ms the Kings S●●remacy by a Law , and estab●ishe●h his Daughter Elizabeth'● Succession by an Oath , fi●st tak●n by ●he Pa●liament● and then by the Kingd●m : for whose support he contrives the lesser Monasteries should be fi●st escheated , and then the greater . He was so honest , that he acquits Queen Anne in his Letter to the Queen ; yet so much a Statesman , that he condemn'd her upon the Bench. But to secure the Interest of England , he by countenancing the translation , and reading of the English Bible , improved its Religion ; that as some few late Acts had disobliged the Pope , a new frame of Christianity might exclude him : The differences between Us and Rome , were to be widened , lest they should close ; and he judged it prudence to engage the conscience and the estate in one bottom , that he might hold the One out of the tenderness of the Other . He used to answer , those that applauded his service in the Reformation , that if he should arrogate to himself any part in that revolution of providence , he should be like the Flie on the Cart-wheel , that said , what a Dust do I raise . The Kings Supremacy cut off the Papists , and the Six Articles the Protestants : Re●ormation must be managed leasurely , and alteration of Religion by just degrees ; Instruction preceding execution , and the Peoples capacity growing up with their Governours Regulation . The mountainous expectation of a re●ormation , some told him merrily ended in ● Mouse ; but he answered sadly , that it had been well it had not ended in a Mouse-trap , that is a snare to many good People ; as well as a disappointment to all . The times are troublesome , but Cromwel calm and quiet , and watchful over Occurrences ; Insurrection giving him an advantage of a new Settlement . He takes down the Occasions and Ornaments of Idolatry , Images , Shrines , Pilgrimages , &c. and then the Thing it self : Take off the paint of Rome , and you undo her . As the Laws and Injunctions , so the Alliance of England must secure its Inte●est : A Protestant Q●een m●st be married to the Reformed King ; the Duke of Cleve's Sister must woo the King , that Essex might have that whispe●ed in the Kings Bosom ●bed , where he was best disposed , which he insinuated into his Ear at the Council-Table where he was worst . But the King was not so well pleased with her Beauty , as Cromwel was with her Religion : which Stephen Gardiner ( who hated her for her Religion , ●nd Cromwel for his Greatness ) observing , shewed the Kings loose Affections , at once how to be rid of his Match , and , which he was as weary of , his Match-Maker . The Queen is divorced ( being never known by Henry , who disliked her at first view , and kept he● rather in Poli●y , to oblige the German Princes , than of pleasure to fill his own Bed. ) Cromwel is arrested for presuming to act in some matters of State without the Kings privity or Commission and attainted by a procedure he had invented ; dying as cunningly as he had lived , for some a ambiguous words which Power interpreted to his Ruine . His last words were so wary , that they might become Bellarmine and Luther at once ; that the Protestants call them his Confession of F●ith , and the Papists his old Religion . And neither is he to be blamed , unless his troublesome Adversaries will accuse him , as the quarrel some Roman did his Antagonist , Because he would not receive his Weapon fairly with his whole Body : for confessing his Offenses against God and the King , in his many Employments , he said he died in the Catholique Faith. Some will say the Protestants think no great gain to have him , and the Papists no loss to part with him ; yet we must needs confess that he was a Wise Man , because he always consulted the Learned in the Laws about all his proceedings . He was a Good Man , witness Frescobald , whose mean Person he took notice of , whose small Kindness he acknowledged , whose Services he condescended to , whose Wants he relieved , and whose Debts he recovered : He was a Noble-man , because he refused another Mans Coat of Arms who was of his Name , saying , What shall I do with it ? for he may pull it off my back at pleasure . In a word , He was so Mean before he rose , so Worthy afterwards , that no Times had Raised but those more troublesome , none Ruined him but those most loose of Henry the viii . Some reserved Mens parts he compared to meat in a great Colchester Oyster , which would hardly requite the pains of opening . — But infinitely was he taken with those who were ( as he called them ) like the Statues of Apollo , had a Launce in one Hand , and an Harp in another ; that is , resolution to awe on the one side , and sweetness to oblige on the other . — Being much pleased likewise with the reflecting Man , who needs not the dull way of Persia , to keep a Boy behind him , to bid him remember what he is , and what he ought to do ; and with the devout Courtier : For as the Ennamel , which adorneth the Doves Neck , never shines so clear and glorious , as when the Sun looks upon it ; so great Men are never so full of Majesty themselves , as when they own the Majesty of God ; never more Gods among Men , as when humble Men before God ; who [ as St. Lewis of France once affirmed ] boweth the hearts of Men to a subjection to them , who kneel in adoration to him . He loved not the Men that pedantically boasted their reading , but that rationally made use of it ; not ridiculously upon all occasions vaunting the shreds of it , but skilfully to good purposes couching the result and substance of it . — So the admirable old Man Epictetus , as Lucian calls him that famed Stoick , whose Lamp was preserved as a Relique , and sold for 3000. Drachmas , would say , [ Encheir c. 16. ] that Sheep bring not their grass to their Shepherd , to shew him how much they have eaten , but concocting their meat inwardly do bring forth Wool and Milk. — True learning is the improvement of other Mens studies and experiences by our own meditation , adding to that frame by consideration , which they had built from the ground by many Ages observation . The Lord Herbert's Character of Cromwel . ANd to this end came Cromwel , who from being but a Black-smiths Son , found means to travel into forein Countries , to learn their Languages , and to see the Wars ( being a Souldier of Bourbon at the taking of Rome ; ) whence returning , he was received into Cardinal Wolsey's service : To whom he so approved himself by his fidelity and diligence , that the King after his fall , voluntarily took him for his Servant ; in which place he became a special Instrument for dissolving the Abbeys and other Religious Houses , and keeping down the Clergy ; whom , in regard of their Oath to the Pope , he usually termed the Kings half Subjects : And for expelling the Monks , he said it was no more than a restoring them to the first Institution , of being lay and labouring persons : Neither did it move him that so much strictness and austerity of Life was enjoyned them in their several Orders , since , he said , they might keep it in any condition . But as these Reasons again were not admitted by divers learned and able Persons , so he got him many Enemies , who at last procured his fall ; but not before he had obtained successively the Dignities of Master of the Rolls , Baron , Lord Privy Seal , Vicegerent to the King in Spiritualities , Knight of the Garter , Earl of Essex , Great Chamberlain of England , &c. He was much noted in the exercises of his Places of Iudicature , to have used much Moderation ; and in his greatest pomp to have taken notice and been thankful to mean persons of his old acquaintance ; and therein had a Virtue which his Master the Cardinal wanted . As for his other Descriptions , I leave them to be taken out of Granmer's Letter formerly mentioned , with some deduction ; For it seems written to the King in more than Ordinary Favour of his antient service . Arch-Bishop Cranmer's Character of Cromwel , in a Letter to King Henry the Eighth . WHo cannot b● sorrowful and amazed , that he should be a Traytor against your Majesty ? He that was so advanced by your Majesty , He whose surety was only by your Majesty , He who loved your Majesty ( as I ever thought ) no less than God ; He who studied always to set forwards whatsoever was your Majesties will and pleasure ; He that cared for no Mans displeasure to serve your Majesty ; He that was such a Servant in my Iudgment , in wisdom , diligence , faithfulness and experience , as no Prince in this Realm ever had : He that was so vigilant to pres●rve your Majesty from all Treasons , that few could be so secretly conceived , but he detected the same in the beginning . If the Noble Princes of memory , King John , Henry II. and Richard II. had had such a Counsellor about them , I suppose they should never have been so Traiterously abandoned and overthrown as those good Princes were . After which , he says again , I loved him as my Friend , for so I took him to be ; but I chiefly loved him for the love which I thought I saw him bear ever towards your Grace , singularly above all other : But now , if he be a Traytor , I am sorry that ever I loved , or trusted him ; and I am very glad that his Treason is discovered in time : But yet again , I am very sorrowful ; for who shall your Grace trust hereafter , if you might not trust him ? Alas ! I bewail and lament your Graces chance herein ! I wot not whom your Grace may trust . But I pray God continually Night and Day , to send such a Councellor in his place , whom your Grace may trust , and who for all his qualities can and will serve your Grace like to him ; and that will have so much solicitude and care to preserve your Grace from all dangers , as I ever thought he had . Observations on the Life of Sir Thomas Audley . SIr Thomas Audley's Birth was Generous , his Education more : Essex bred him to that Honour which his Ancestors lost : His Soul ennobled his Body , and his Body graced his Soul : The one quick , solid , apprehensive and judicious ; the other tall and majestick : King Henry loved a Man ; and here was one whose Austerity was allayed with Debonairness , whose Gravity was sweetened with Pleasantness ; whose Knowledge was as large as his Authority , whose Wit was equal with his Wisdom ; whose Memory was strong , and Judgment solid . His fair Estate brought him to the Temple ; his proficiency in the Law , to the Court : His reading upon the Statute of Priviledges commended him to the Kings Service , his speaking for the Prerogative in Parliament brought him to the Kings Favour : Although the Liberties of the People can never be se●ured without the Prerogative of the Sovereign ( who cannot do the good they would , if he wants a power to do the evil they fear ; ) yet his first Preferment was to withdraw him from Popularity , and the second only to confirm him to Sovereignty . Noble Service is the way to a Royal One ● His Stewardship to the Dutchy of Suffolk , raised him to the Attorneyship of that of Lancaster . But in troublesome and designing times a popular Orator is a good Courtier ; and leading Parts in Parliament or Convocation are great Merits . In the black Parliament he was a Member by his own Interest , and a Speaker by his Majesties Choice : Sir Tho. More was to serve the Crown in the Lords House , and Sir Tho. Audley was to succeed him in the House of Commons . When Abbey-Lands were bestowed on the King in gross , and returned by him to the leading Lords and Commons in the Retayl , most of that Parliament looked for ●hares ; Sir Thomas for the first cut , to secure himself with the King. He was always in favour with the Queens , who had no less interest in the Kings Heart , than the Kingdom had in his Head. The Age was uncertain , Interest not so ; Sir Thomas was fixed on the One , above the alterations of the Other : understanding what was most convenient at a time when there was nothing lawful . He was well seen in the flexures and windings of affairs , at the depth whereo● other Heads not so steady turned giddy : He had the Arts of a Statesman , and the closeness of a Politician : Reserved he was , but no Dissembler . For if a man have that penetration of judgment , as he can discern what things are to be laid open , and what to be kept secret , and what to be shewed with half ●ights , and to whom and when , ( which indeed are Arts of States and Arts of Life ) to him an Habit of Dissimulation is a hinderance and a poorness . He ( as an able man ) was always frank and open , but wary ; knowing how to stop and turn within the compass of equity and honesty . He understood business well , and men better ; and knew King Henry's Temper better than Himself , whom he surprized always to his own bent , never moving any of his suits to him , but when in hast , and most commonly amusing him with other matter until he passed his Request . His Actions were managed for applause as well as service : for when made Sergeant , he was the first of eleven ; his Entertaining-Day was the last o● six : The King , who paid for his Dinner , was invited to it . He watched the Circumstances of his Actions , that they might be Taking , as well as their ●ssue , that they might be Useful ; and contrived that the least of his publick actions should come off with reputation . He followed the most passable rather then the most able men living , in a time when active men were more useful than the virtuous . Sir Thomas at once gratified the present humour of the Ki●g , and the constant temper of the people , in six Bills against the Clergy : 1. Against the Extortions of their Courts . 2● The Exaction of their Corps and Mortuaries . 3. Their worldly Occupations , as Grazing , Tanning , &c. 4. Merchandize . 5. Their Non-Residencies . 6. The Pluralities of the ●gnorant , and the mean Salaries of the Learned . When in some Debates between the Lords and Commons , Custome was urged ; Sir Thomas replied , The usage hath ever been for Thieves to rob at Shooters ●ill , is it therefore lawful ? He brought the Clergy within a Praemunire , to awe them ; and a●terwards in their pardon , he and other members included their own : which the knowing King would not pass , when it was demanded as of right ; yet afterwards granted it of his own accord , when it was received as of Grace . When Sir Thomas More could not act with the times , Sir Thomas Audley could ; the One being weary of the Seal , the other takes it ; being made Lord Keeper in Sir Thomas his life-time , and Lord Chancellour after his death● owning no Opinion against the Government of England , nor any Design against its Interest . The King might well trust him with his Conscience , when he trusted the King with his , owning no Doctrine but what was established , ever judging the Church and State wiser than himself . He was forced to take Q. Anne , but he would not condemn her ; rather escaping than refusing unwelcome employments , wherein he must either displease his Master or himself . He was tender , but not wilful ; waving such services dexterously , wherein he must oppose his Master dangerously . Those Insurrections which others rigor had raised , his Moderation allayed ; breaking the Factions with Indulgence , which might be strengthned with Opposition : C●omwel pulled down Popery with his Power , Audl●y kept it down with his Policy , enjoining the Preachers to de●ect the follies of that way , which is reckoned the wisdom of this World. He had a moderate way to secure the priviledges of Parliament , by freedom from Arrests ; and the good will of the Citizens , by an Order about debts . By these courses he died as much in the Kings favour as he lived : Patience can weather out the most turbulent Age , and a solid Judgement the most in●●icate times ; The reserved and quiet man is the most secure . Activity may raise a man , Wariness keep him up . If he had done nothing , he had not been seen ; if he had done much , he had nor been suffered . Between two extreams Audley could do well . T●easure of Arms and Arts , in whom were set The Mace and Books , the Court and Colledge met ; Yet both so wove , that in that mingled throng They both comply , and neither neither wrong . But pois'd and temper'd , each reserv'd its seat ; Nor did the learning quench , but guide the Heat . The Courtier was not of the furious strain , The hand that acts , doth first consult the brain . Hence grew commerce betwixt Advice and Might , The Scholar did direct the Courtier right . And as our Perfumes mixt , do all conspire , And twist their Curles above the hallowed fire , Till in that Harmony of Sweets combin'd , We can nor Musk nor single Amber finde ; But Gums meet Gums , and their delights so crowd , That they create one undistinguish'd Cloud : So to thy minde these rich Ingredients prest , And were the Mould and Fabrick of thy brest . Learning and Courage mixt , and temper'd so , The Stream could not decay nor overflow . And in that equal Tide , thou didst not bear From Courage , Rashness ; nor from Learning , Fear ● Observations on the Life of Sir Thomas Wiat. SIr Thomas Wiat was born at Allington-Castle in the County of Kent , which afterwards he repaired with beautiful Buildings . He fell out off his Master King Henry the Eighth his favour , about the business of Queen Anna Bullein , till his industry , care , discretion and innocence freed him . Very ingenio●s he was ; or , as his Anagram ●●lls us , he was [ A * Wit ] in the abstract . Cambden saith he was , Eques auratus splendide doctus . Holy he was and heavenly minded , and that appears by his translation of David's Psalms into English Metre ; and Leland gives him this great Commendation : Bella suum merito jactet Florentia Dantem , Regia Petrarchae Carmina Roma probat , His non inferior Patrio Sermone Viatus , Eloquii secum qui decus omne tulit . Let Florence fair her Dante 's justly boast , And Royal Rome her Petrarchs numbred feet , In English Wiat both of them doth coast , In whom all grateful Eloquence doth meet . This Knight being sent Ambassador by K. Henry the eighth , to Charles the fifth Emperour , then residing in Spain , before he took Shipping , died of the Pestilence in the West-Country , Anno 1541. Queen Anne's favour toward● him , raised this man ; and his faithfulness to her , ruined him : So fickle is that mans station that depends only on humour , or holds off love and hatred ! Let my friend ( saith Malvezzi ) bring me in , but let my merit and service keep me there . Four things a man went to Dine with Sir Thomas Wiat for : 1. For his Generous Entertainment : 2. For his free and knowing discourse of Spain and Germany ; an in●ight in whose interest was his Master-piece , studied by him as well for the exigence of that present juncture , as for his own satisfaction . 3. For his quickness in observing , his civility in entertaining , his dexterity in employing , and his readiness in encouraging every mans peculiar parts and inclinations . 4. For the notice and favour the King had for him . So ready was he to befriend worthy men , and so ready was the King to entertain his friend ; that when a man was newly preferred , they said , He had been in Sir Thomas Wiat's Closet . Happy is the Prince that hath a ●aithful Favourite , to look him out serviceable men ! and happy those useful persons , that have a familiar and honest Favourite , by whom they may have access to the Prince ! a Favourite that serves not his Country so much by employing and pleasing its active members , as he secures his King , who hath no less need of Counsel in reference to men , then things . His Wit pleased the King , and his Wisdome served him : He could not be without his Advice at the Council-table , nor without his Jests in his Presence-chamber : where yet he observed his decorum so exactly , that his Majesty could by no means win him one night to dancing ; this being his grave resolution , That he who thought himself a wise man in the day-time , would not be a fool at night : otherwise none carryed himself more handsomely , none conversed more ingeniously and freely , none discoursed more facetiously or solidly . In a word , it was his peculiar happiness , that his deportment was neither too severe for King Henry the eighth's time , nor too loose for Henry the seventh's ; neither all honey nor all gall , but a sweet mixture and temperament of affability and gravity , carrying an equal measure of Sir Thomas More 's ingenuity in his head , and Sir Thomas Cromwel's wisdome in his heart ; equally fashioned for discourse and business : in the last whereof , he was active , but not troublesome ; in the first , merry , but innocent . A Jest if it hit right , may do more good then sober Counsels . Archee made King Iames sensible of the danger the Prince was in , in Spain , by telling him that he came to change Caps with him● Why ? said the King. Because thou hast sent the Prince into Spain , from whence he is never like to return . But ( said the King ) what wilt thou say when thou seest him come back again ? Marry ( saith he ) I will take off the Fools Cap which I now put upon thy head for sending him thither , and put it on the King of Spains for letting him return . A Jest of Sir Thomas Wiat's began that Reformation , which the seriousness of all Christendome could not commence . King Henry was at a loss concerning the Divorce , which he no less passionately desired , than the Pope warily delayed : Lord , saith he , that a man cannot repent him of his sin , but by the Popes leave ! Sir Thomas hinted , Doctor Cranmer opened , and the Universities of Europe made the way to Reformation . His Majesty was another time displeased with Wolsey , and Sir Thomas ups with a story of the Curs baiting of the Butchers Dog , which contained the whole method of that great mans ruine . The Pope was incensed , Christian Princes were enraged , and the numero●s Clergy discontented , and King Henry afraid of a Revolution : Butter the Rooks Nests , ( that is , sell and bestow the Papal Clergies Habitations and Land among the Nobility and Gentry ) said Sir Thomas , and they will never trouble you . One Day he told his Master he had found out a Living of an hundred pounds in the year more than enough , and prayed him to bestow it on him : Why ? said the King , we have no such in England . Yes , Sir , said Sir Thomas , the Provostship of Eaton , where a man hath his Diet , his Lodging , his Horse-meat , his Servants wages , his Riding-charge , and an 100 l. per annum besides . What Lewis the eleventh said of one Kingdome , i. e. France , may be true of all , That they want one thing , i. e. Truth . Few Kings have such discreet Courtiers as Cardinal Wolsey , to look into things deeply ; fewer so faithful Servants as Sir Thomas Wiat , to report things as they see them , honestly . His Jests were always confined to these Rules : 1. He never played upon a mans unhappiness or deformity ; it being inhumane . 2. Not on Superiours : for that is sawcy and undutiful . 3. Nor on serious or holy matters : for that 's irreligious ; applying to this occasion that of the Athenians , who would not suffer Pathus to play his Comedies , where Euripides repeated his Tragedies . 4. He had much Salt , but no Gall ; often jesting , but never jearing . 5. He observed times , persons and circumstances ; knowing when to speak , and knowing too when to hold his peace . 6. His apt and handsome Reparties were rather natural than affected ; subtle and acute , prompt and easie , yet not careless ; never rendring himself contemptible to please others . 7. Not an insipid changing of words was his gift , bu● a smart re●ort of matters , which every body was better pleased with than himself . 8. He always told a story well ; and was as good at a neat continued discourse , as at a quick sentence ; contriving it in an handsome method , cloathing it with suitable expressions , without any Parenthesis or impertinencies , and representing persons and actions so to the life , that you would ●hink you saw what you but hear : A no●able way , that argued the man of a ready apprehension , an ingenious fine fancy , a tenacious memory , a graceful Elocution , an exact judgment and disc●e●ion , and perfect acqu●intance with things and circumstances . His phrase was clean and clear , the pictu●e o● his thoughts and language , ( even in an argument ) not harsh or severe , but gentle and obliging , never contradicting but with an Vnder favour Sir ; always subjoyning to his adversaries discou●se , what the Dutch do to all Ambassadors Proposals , It may be so . Observations on the Life of Sir John Fineux . SIr Iohn Fineux born at Swinkfield , in the County of Kent , a place bestowed on his Ancestors by a great Lord in Kent , called T. Criol , about the reign of King Edward the second . He followed the Law twenty eight years before he was made a Judge ; in which Office he continued twenty eight years , and was twenty eight years of Age before he ●etook himself to this study : whence it necessarily ●ollows , that he was four-score and four when he died . He was a great Benefactor to St. Augustines in Canterbury ; the P●ior whereof William Mallaham thus highly commende●h him : ( good deeds deserve good words . ) Vir prudentissimus , Genere insignis , Iustitia praeclarus , Pictate refertus , Humanitate splendidus , & charitate foecundus . He died in 1526. and lies buried in Christ-Church in Canterbury , having had a fair habitation in this City , and another in Herne in this County , where his Motto still remaineth in each Window : Misericordias Domini cantabo in AEternum . Nile's original is hidden , but his stream is famous . This Judge's Ancestors were not so obscure , as he was illustrious . His Device upon his Se●geants Ring was , Suae quisque fortunae faber ; and his discourse was always to this purpose , That no man thrived but he that lived as if he were the first man in the world , and his father were not born before him . Forty years he said he lived by his industry ; Twenty by his reputation , and Ten by favour . King Henry the seventh knew not how well this Gentleman could serve him , until he saw how effectually he did oppose him about the Tenth Peny raised for the War in Britain , which raised another in York ; where though the Rabble ( that murthered Henry Earl of Northumberland , who was to levy the Tax ) had not his Countenance for their Practice , yet had they his Principle for their Rule , which was this , Before we pay any thing , let us see whether we have any thing we can call our own to pay . So able , though reserved a Patriot , thought the wise King , would be an useful Courtier , and he that could do so well at the Bar , might do more at the Bench. Cardinal Morton was against his advancement , as an incouragement to the Factious : ( whose Hydra-heads grow the faster by being taken off by Preferment , and not by an Ax ) the King was for it , as the most probable way of weakening of them , as who , when the most sober and wise part of them draweth off , are but a rude multitude , and a rope of sand . When a Commoner , none so stiff for the subjects priviledg ; when a Judge , none so firm to the Princes Prerogative : two things , ( however , they fatally clashed of late ) that are solid felicities together , and but empty notions asunder : for what is Prerogative but a great Name , when not exercised over a free people ? and what is priviledg but a fond imagination , when not secured under a powerful King , that may keep us from being slaves one to another by Anarchy , while we strive to be free from his Tyranny ? That people is beyond president free , and beyond comparison happy , who restrain not their Sovereigns power to do them harm so far , as that he hath none left him to do them good . Careful he was of the Law ; for he was a Judge : and as careful of his Sovereigns Right ; for he was a Subject . No ominous clashing between Courts in his time ; nor setting the Kings Conscience in Chancery against his Will in the Kings Bench. A man tells Aristides , to make him party in his cause , that his Adversary had abused him : I sit not here ( saith that Impartial Judge ) to right my self , but you . When a notorious enemy of Judge Fineux had a cause depending before him , It might have gone against you , my friend , ( said he ) had you not been my Enemy : His Motto was ; nemo prudem punit quia peccatum est sed ne peccetur . Ten things , which are indeed ten of the most remarkable particulars of his life , raised him . 1. An indefatigable industry , 1. In his reading , leaving behind him 23 Folio's of Notes . 2. In his practice , bequeathing 3502 Cases he managed himself to his Executor . 2. A freedome of converse , as about his business , none more close ; so in company , none more open ; having so compleat a command of himself , that he knew to a minute when to indulge , and to a minute too when to restrain himself . A gay and cheerful humour , a spriteful conversation , and clean●y manners , are an exceeding useful accomplishment for every one that intends not to wind himself into a solitary retirement , or be mewed in a Cloyster . 3. A rich and a well-contrived marriage , that at once brought him a large Estate , and a larger Interest : the same tie that allied him to his Wives Family , engaged him to many . 4. A great acquaintance with Noble Families , with whose dependants he got in first , devoting an hour a day for their company ; and at last with themselves , laying aside his vacation-leisure for their service . He was Steward of 129 Mannors at once , and of Councel to 16 Noble-men . 5. His Hospitality and Entertainments . None more close than he abroad , none more noble at home ; where many were tied to his Table , more obliged by his company and discourse . 6. His care and integrity in managing , his Repute in promoting , his Reason and Eloquence in pleading , and his Success in carrying his causes . 7. His eminence and activity in the two profitable Parliaments of Henry the seventh , where he had the hearts and purses of the people at his command , and the eye of his Sovereign upon his person . It was thought a reward adequa●e to the greatest merit and adventure in the Grecian Wars , to have leave to play the Prizes at Olympus before Kings . It was judged the most ambition could aime at in King Henry the seventh's time , to ●hew a mans parts before his judicious and discerning Majesty ; than whom none unde●s●ood Worth better , none valued it higher . 8. His Opposition to Empson and Dudley's t●o severe Prosecution of Poe●al Laws , while Henry the seventh was living ; and his laying of it befo●e him so faithfully , that he repented of it when he was a dying . He is high a while , that serves a Princes private interest ; he is always so , that is careful of the publick good . 9. Hi● entire Devotion to that sacred thing called Friendship , that Bliss on this side Heaven , made up of Peace and Love. None a worse Enemy , none a ●etter F●iend . Choice he was in commencing , but constant in continuing Friends : M●ny Acquaintance , but few Friends , was his O●servation ; ●●ying , He had been und●ne by his Acquaintance , had he not been raised by his Friends . 10. His care of time . To day I have not reigned , said the Emperour when he had done no good : To day I have not lived , said the Judge when he had done nothing . So much he prayed Morning , Evening , and at Noon , according to the way of those times , as if he never studied ; so much he studied , as if he never practised ; so great his practice , as if he never conversed ; and so free his converse with others , as if he lived not at all to himself . Time ( of which others are so prodigally expensive ) was the only thing he could be honestly covetous of : full whereof he died , leaving this instruction to posterity , That we should not complain we have little time ; but that we spend much either in doing nothing , or in doing evil , or in doing nothing to the purpose . Observations of the Life of Dr. Edward Fox , Secretary and Almoner to King Henry the Eighth . EDward Fox born in Dursly in Gloucestershire , brought up a Scholar in Eaton , after fellow of Kings Colledg in Cambridge , where he died Provost . He was Almoner to King Henry the eighth , the first that brought Doctor Cranmer to the knowledg of the King , as he brought the King to the knowledge of himself . Being afterwards Bishop of Hereford , he was a great Instigator of the Politick and Prudential part of the Reformation , and was not less able , but more active than Cranmer himself : yea , so famous was he , that Martin Bucer dedica●ed unto him his Comment upon the Gospel : so pain●ul , that he wrote many Books , whereof that , de Differentia utriusque potestatis , was the chief : so worthy he was , that the King employed him on several Embassies into France and Germany . He died May 8. 1538. In his first years , none more wild ; in his last none more stayed . The untoward Youth makes the able Man. He that hath m●ttle to be extravagent when he cannot govern himself , hath a spirit to be eminent when he can . His friends devotion to the Church , and relation to the Bishop of Winchester , made him a Scholar ; his own Inclin●●ion , a Politician : an Inclination that brake through all the ignoble restraints of pedantique studies and coercions , ( wherewith many a great Soul in England , ( enjoying not the f●eedome of forein parts , but tied to such employments , though never so unsuitable , as their f●iends put them to ) are debased and lost ) to an eminency ( more by observation and travel , than by reading and study ) that made him the Wonder of the Unive●sity , and the Da●ling of the Court. When he was called to the Pulpit , or Chair , he came off not ill ; so prudential were his parts of Divinity ; when advanced to any Office of Trust in the University , he came off very well ; so incomparable were his parts for Government ! His Policy was observed equally in the Subject , and in the contrivance of his Sermons and disc●urse ; where though all knew he read but lit●le , yet all saw that ( by a Scheme and method his strong head had drawn up o● all Books and Discourses ) ●e commanded all Lea●ning : his Explications of the Text were so genuine , so exact , as if he had spent his time in nothing else but Criticks and C●mmentators . His Divisions ●o Analytical , as if he had seen nothing but Logick : His Enlargements so copious and genuine , as if he had seen nothing but Fathers and Schoolmen . The curious and pertinent mixture of Moral Sentences , so various , as if he had been but a Humanist : ●he drift and design of all , so close , that it argued him but ( what indeed he was ) a pure Pate-Politician . His parts commended him to Cardinal Wolsey as his support : the Cardinal brings him to his Master as his second , and he thrusts out Wolsey as his Rival ; but yet pretended to advance that ambitious Man more highly , that he might fall mo●e irrecoverably . He sets him upon his designes of being Pope in Rome , and t●ose make him none in England . He caught the Cardinal by his submission , as he would have done Sir Thomas More by his Interrogations ; at which he was so good , that he would run up any man either to a Confession or a Praemunire . Fox was his name , and Cunning ●is nature . He said , His Fathers money helped him to his Parsonage , meaning his small Preferments ; and his Mothers wit to his Bishoprick , meaning his greater . Di●coursing one day when Ambassador , of terms of Peace , he said , Honourable ones last long , but the dishonourable no longer than till Kings have power to break them : the sures● way therefore , said he , to Peace , is a constant preparedness for War. Two things he would say must support a Government ; Gold and Iron : Gold , to reward its Friends ; and Iron , to keep under its Enemies . Themistocles after a Battel fought with the Persians , espying a Prize lying on the ground , Take up these things , ( saith he to his Companion ) for thou art not Themistocles . Take the Emperours Money , said Fox to his followers , ( that were afraid to accept what he had refused ) for you are not all the King of England's Ambassadors . Often was this saying in our Bishops mouth , before ever i● was in Philip the second 's , Time and I will challenge any two in the world . Portugal being revolted , the Conde d' Olivares c●me ●●iling to King Philip the fourth , saying , Sir , I pray give me las Al●ricius to hansel the good news : for now y●u are more absolute King of Portugal than ever : for the people have forfeited all their priviledges by the Rebellion and the Nobility their E●tates ; and now you may confirm your old Friends with their money , and make you new ones with their Estates . When the Clergy began to ruffle with the King , I tell you News , said this Bishop , we are all run into a P●aemunire : you shall have Money enough to make your own Courtiers , and Places enough to advance your own Clergy . Observations on the Life of Sir Anthony St. Lieger . WE may say of him , he was born in Kent , and bred in Christendome : for when twelve years of Age , he was sent for his Grammar-Learning with his Tutor into France , for his Carriage into Italy , for his Philosophy to Cambridg , for his Law to Grays-Inne ; and for that which compleated all , the Gove●nment of himself , to Court ; where his D●bonn●irness and F●eedome took with the King , as his Solidity and Wisdome with the Cardinal . His Master-piece was his Agency between King Henry the eighth and Queen Anne , during the agitation of that great business of the Divorce between the said King and his Queen Katherine . His Policy was seen in catching the Cardinal in that fatal word , The Kin may ruine me if he please ! but that ruined him . His service was to be Cromwel's Instrument in demolishing Abbeys , as he was the Kings . Caesar was the first that came to undo the Commonwealth , sober ; Sir Anthony St. Lieger was the first that saved this Kingdome drunk : for in being abroad one night very late , and much distempered , he must needs fancy an extraordinary light in the Cardina●'s Closet ; with which Fancy he ran to the King , and although much in drink , prevailed with him so far , that he sends to the Cardinal , and there finds that Juncto that threatned his Kingdome . He esteemed it the bane of a good judgment , to look upon things through the outside of some Customary formality ; neglecting the steady consideration of their inward nature ; the first depending on the fancies of men , which are volatile ; the other on the being of things , which is fixed : and he was rather for dressing his addresses in the smart way of a jest ; than in the dull way of a narrative . Ridiculum acri Fortiùs et meliùs magnas plerumque secat res . The undigested fancies which please the Common people for a while , during the distemper and green-sickness , fit a troubled age , as Maids infected with that Malady peferr ashes , or Coles in a corner , before healthful food in their Fathers House ; but when time hath cured their malady , and expe●ience opened their eyes , he would say that they should abhor their former errors , and the misleaders that taught them . He was the first Vice-Roy , because Henry the eighth was the first King of Ireland . King Henry's affection would promote him any where , but his own resolution and spirit commended him to Ireland . He was a man whom all Ireland could not rule ; therefore ( as the Jest goes ) he should rule all England . Three times had the Irish Rebels made their solemn submission to other Deputies : the fourth ●ime now they make it to him , throwing down their Girdles , Skeans , and Caps . So great a man was the Lieutenant , so great his Master ! No sooner was he possessed of the Government , but he thought of Laws , those Ligaments of it : The most rational and equitable Laws were those of England , but too rational to be imposed on the Brutish ●●ish : therefore our Knight considering ( as he saith in the Preface of his Constitution ) that they ( poor souls ) could not relish those exact Laws , to live or be ruled by them , immediately enacted such as agreed with their capacity , rather than such were dictated by his ability ; his Wisdome ( as all mens must ) doing what was most fit and convenient , rather than what was most exact ; what they could bear , more than what he could do : as remembring he had to do with Faeces Romuli , rather than Respublica Platonis ; a rude , rather than a reduced people . What he could , he ordained according to the incompar●ble Rule of the English Laws ; what he could not , he established according to his present judgment of the Irish capacity . He saw the Kingdome could never be subject to his Masters power , while the Church was obedient to the Popes : therefore as he perswaded the Nobility to surrender their Estates to his Majesty at London , so he compelled the Clergy to make over theirs at Dublin : There remains but little of the first in his Majesties hands , so honourable was he in restoring it ; and as little in his Successors , so religious and just were they in resigning it to the same use for substance , to which it was at first designed . But in vain it is to reform Laws , unless we reform persons too : therefore as he sent Orders to reduce the Irish Nobility in their several Count●ies , so he sent for themselves ( to the respective Houses built for them by his Majesty near Dublin ) to be civilized in the Court. Caesar came , saw , and overcame ; Sir Anthony came , saw , and setled : A man had thought there had not been so much cor●uption in the Romish Church , as to admit Children to Church-Livings , ( for which Men are hardly s●fficient ! ) but that Sir Anthony St. Leiger was forced to make this Law , That no Children should be admitted to Benefices . We had not known this sin , had not the Law said , You shall not invest any under sixteen years of age in Benefices . The Clergy he found there too many , and the Nobility too few : he l●ssened the number of the one to weaken the Pope , and improved the other to strengthen his Master , of whom they held not only their Estates , but their Baronies too , as obliged to duty in point of Honour as well as in point of Interest . But in vain doth he civilize the present Generation , and neglect the future : as therefore he provided Cities for the Parents , so he erected Schools for the Children , that the one might forget their Barba●ism , and the other never know it . Three things he said would settle a State : 1. Good God-fathers and God-mothers performing their Vows : 2. Good Housholders overlooking their Families : 3. And good School-masters educating Youth ; this last , the most useful , though the most contemptible profession . All War was mischievous to learning ( Arts as well as Laws , being suppressed by armes , the Muses Lawrel is no security to them against Mars his Thunder ) except Sr. Anthonies , no mans Library being embezled ; no mans study interrupted ; reserving learning for the Civilizing of that Nation which his armes had Conquered . An Athenian being asked what God was ? said , He was neither Bow-man , nor Horse-man , nor Pikeman , nor Footman , but one that knew how to command [ all these . ] Sir Anthony St. Leiger was neither Souldier nor Scholar , nor Statesman , yet he understood the way how to dispose of all these to his Countries service , and his Masters honour ; being all of them eminently , though none of them pedantickly and formally in himself . The Athenians ( as Anaximander said ) had good Laws , but used them ill ; our Deputy had bad Laws , but governed by good . It was thought by many wise men , that the preposterous rigour and unreasonable severity which some men carried there before him , was not the least incentive that kindled and blew up into horrid flames the sparks of discontent , which wanted not pre-disposed fuel in that place ; where despair was added to their former discontents , and the fears of utter extirpation to their wonted oppressions : It is too easie to provoke a people too prone to break out to all exorbitant violence , both by some principles of their Religion , and their natural desires of Liberty ; both to exempt themselve● from their present restraints , and prevent after-rigours : wherefore he was inclined to that charitable connivence and Christian indulgence , which often dissipates their strength , whom rougher opposition fortifieth , and puts the oppressed Parties into such Combinations as may most enable them to get a full revenge on those they count their Persecutors ; who are commonly assisted by that vulgar commiseration which attends all that are said to suffer for Religion or Liberty . To conclude this : Four things Sir Anthony St. Leiger was eminent for : 1. That there was none more grave in Council than he , in the morning : none more free at Table , at noon : none more active in the after-noon : none more merry at night . 2. That his Orders were made but slowly , so wary he was ; but executed quickly , so resolute he was too . 3. That he contrived all his Designs so well be●orehand , that in the course of affairs they were done to his hand ; and he was the Deputy that made no noise . 4. That as the Souldier ( finding his fi●st admission to Alexander to be difficult ) danced about the Court in an Antique fashion , until the strangenes● of the shew made the King himself Spectator , and then throwing off his disguise , he said , Sir , thus I first arrive at the notice of your Majesty in the fashion of a fool , but can do you service in the place of a wise man , if you please to employ me : So this Gentleman came to Court a Swaggerer , but went off a Statesman . All Prudence is not lodged under a demure look and an austere carriage : There are those that can be merry and wise ; whose Spirit is as lively , as their Judgment solid : And it s no better a Character of a wise man , than it was a definition of a man which Plato made , and Diogenes , by shewing a deplumed Cock , derided , that he is a living Creature that hath two feet , i. e. a grave , staid carriage ; without feathers , i. e. a nimble fancy . His onely ●ault was , that he was a particular instance of that general rule , Qui pauca considerat facile pronunciat . Observations on the Life of Sir Ralph Sadler . SIr Ralph Sadler was born at Hackney in Middlesex , where he was Heir to a fair Inheritance , and servant to the Lord Cromwel , and by him advanced into the service of King Henry the VIII , who made him chief Secretary of State. He was one that had much knowledg , therefore much imployed in all , but especially in the Intrigues of the Scots aff●irs : In the Battel of Muscleborow he ordered and brought up our scattered Troops , inviting them to fight by his own Example ; and for his Valour was made a Knight Banneret . Q●een Elizabeth made him Chancellour of the Dutchy . During his last Embassie in Scotland , his house a● Standon in Hertfordshire was built by his Steward in his absence , far greater than himself desired , so that he never joyed therein ; and died soon after , Anno 1587 , in the 80 year of his Age. King Henry understood two things : 1. A Man : 2. A Dish of Meat ; and was seldom deceived in either : For a Man , none more compleat then Sir Ralph , who was at once a most exquisite Writer , and a most valiant and experienced Souldier ; qualifications that seldom meet , ( so great is the distance between the Sword and the Pen , the Coat of Mail and the Gown ) yet divided this man and his time ; his nights being devoted to contemplation , and his days to action . Little was his Body , but great his Soul ; the more vigorous , the more contracted . Quick and clear were his thoughts , speedy and resolute his performances . It was he that could not endure the spending of that time in designing one action , which might perform two ; or that delay in performing two , that might have designed twenty . A great Estate he got honestly , and spent nobly ; knowing that Princes honour them most , that have most ; and the People them onely that employ most : A Prince hath more reason to fear money that is spent , than that which is hoorded ; because it is easier for Subjects to oppose a Prince by Applause than by Armies . Reward ( said Sir Ralph when he was offered a sum of money ) should not empty the Kings Coffers ; neither should Riches be the Pay of Worth , which are meerly the Wages of Labour : He that gives it , em●aseth a Man ; he that takes it , vilifieth himself : who is so most Rewarded , is least . Since Honour hath lost the Value of a Reward , Men have lost the Merit of Virt●e , and both become mercenary ; Men lusting rather after the Wealth that buyeth , than after the Qualities that deserve it . Two things he observed broke Treaties ; Iealousie , when Princes are successful ; and Fear , when they are unfortunate . Power that hath need of none , makes all confederacies , either when it is felt , or when it is feared , or when it is envied . Three things Cato repented of : 1. That he went by water when he might go by land . 2. That he trusted a Woman with a secret . 3. That he lost Time. Two things Sir Ralph relented for : 1. That he had communicated a secret to two . 2. That he had lost any hour of the morning , between four a clock and ten . He learned in King Henry the Eighth's time , as Cromwel's Instrument , what he must advise ( in point of Religion ) in Queen Elizabeth's time , as an eminent Counsellour : His Maxime being this , That Zeal was the Duty of a private Brest , and Moderation the Interest of a publick State. The Protestants Sir Ralph's Conscience would have in the commencement of Queen Elizabeth , kept in hope ; the Papists his Prudence would not have cast into Despair . It was a Maxime at that time in b another case , That France should not presume , nor Spain be desperate . He saw the Interest of this State altered six times , and died an honest Man : The Crown put upon four Heads , yet he continued a Faithful Subject : Religion changed , as to the publick constitution of it , five times , yet he kept the Faith. A Spartan one day boasted that his Country-men had been often buried in Athens ; The Athenian replied● But we are most of us buried at home . So g●eat was Sir Ralph's success in the Northern Wars , that many a Scotch man found his Grave in England ; so exact his conduct and wariness , that few English men had theirs in Scotland ; the same ground giving them their Coffin , that did their Cradle ; and their Birth that did their Death . Our Knights two incomparable Qualities were Discipline and Intelligence ; the last discovered him all the Enemies advantages , and the first gave them none . His two main designs were , 1. An Interest in his Prince , by service . 2 , An Alliance with the Nobility by Marriage : upon which two Bottoms he raised himself to that pitch of Honour and Estate , that time could not wear out , nor any alterations embezle ; he bequeathing to his Wo●shipful Posterity the blessing of Heaven upon his Integrity ; the love of M●nkinde for his Worth ; and ( as Mr. Fuller saith ) a Pa●don granted him when he attended my Lord Cromwel at Rome , for the sins of his Family for three immediate Generations , ( expiring in R. Sadler Esquire , lately dead . ) His last Negotiation was that in Scotland , during the troubles there about Queen Mary : So searching and piercing he was , that no Letter or Adviso passed , whereof he had not a Copy ; so civil and obliging , that there was no Party that had not a Kindness for him ; so grave and solid , that he was present at all counsels ; so close and industrious , that his hand though unseen was in every motion of that State : and so successful , that he left the Nobility so divided that they could not design any thing upon the King ; and the King so weak , that he could not cast off the Queen ; and all so tottering , that they must depend on Queen Elizabeth . Three things he bequeathed such as may have the honour to succed him , 1. All Letters that concerned him since of years , filed : 2. All Occurrences , since he was capable of Observation , registred . 3. All expenses , since he lived of himself , booked . Epaminondas was the first Graecian , and Sir Ralph Sadler was one of the last English-men . Observations on the Life of Sir William Paget . SIr William Paget was born in the City of London , of honest Parents . He was so able and trusty a Minister of State , that he was privy Counsellour to four successive Princes : He was Secretary to King Henry the Eighth ; who employed him Embassador to Charles the Emperour and Francis King of France . King Edward the Sixth made him Chancellour of the Durchy , Comptroller of his Houshole , and created him Baron of Beaudefert . Queen Mary made him Keeper of the Privy-Seal . Queen Elizabeth highly respected him , dispensing with his Attendance at Court , in favour to his great Age. Duke Dudley in the days of King Edward , ignominiously took from him the Garter of the Order , saying , He was not Originally qualified for the same : But this was restored unto him by Queen Mary . He died very old , Anno 1563. and was buried in Lichfield . His Education was better than his Bi●th , his Knowledg higher than his Education : His Parts above his Knowledg , and his Experience beyond his Parts : A general Learning furnished him for T●avel , and Travel seasoned that Learning for Employment . His Master-piece was an inward Observation of other Men , and an exact knowledge of Himself . His Address was with state , yet insinuating : His Discourse free , but weighed ; his apprehension quick , but staid : His ready and present mind keeping its pauses of thoughts and expressions even with the occasion and the emergency : neither was his carriage more stiff and uncompliant , than his Soul. Gundamore could not fit King Iames so well as Sir William did Charles the Fifth , who in a rapture once cried , He deserved to BE a King , as well as to REPRESENT One : and one day as he came to Court , Yonder is the Man I can deny nothing to . Apollonius coming to Vespatian's Gate betimes in the morning , and finding him up , said , Surely this man will be Emperour , he is up so early . This Statesman must needs be eminent , who was up the earliest of all the English Agents in discovering Affairs , and latest in following those Discoveries . Three sorts of Embassadors the Emperour Charles observed were sent him from England ; the first was Wolsey , whose great Train promised much , as his great Design did nothing : The second was Morisin , who promised and did much : The third Paget , who promi●ed nothing , and did all . What Scholars observed then of a three Divines , that a Statesman hath set down of our three Agents : the first was words without matter ; the second was matter without words ; the third was words and matter . Quick and regular were his Dispatches , when Secretary , pleasing all with his proceedings , even when he could not but displease many with his Decision . It was much none went away ever sad from Augustus an Emperour , it was more none was dismissed ever in discontent from Sir William Paget a Secretary of State. The King was not happier in his abilities to serve him , than he was in their dexterity who waited upon him : These are my eyes , ( saith the discreet man ) these are my right hands . For his service he would chuse a Man before a Scholar , a Traveller before a Home-bred : Parts he preferred in his Office , a Presence in his Chamber ; Parts and Presence in the Closet . Beecher was King Henry the Eighth his Map of England , ( so well skilled he was in our English Customs , Trade , Improvements , Situation , Interest and Inclination ) Paget was his Table of Germany , France , and Rome , so exact an account could he give of their Situation , Havens , Forts , Passages , Provision , Policies , Revenue and Strength : secured he was , in King Henry's changeable times , by his forein Travels and Employments . Escape he did King Edward's Reformation , by his Moderation and peaceableness : He complied with Queen Mary's Zeal , out of conscience ; and submitted to Queen Elizabeth's Authority , out of Duty and Allegiance : being one of those moderate men that looked upon the Protestants primitive Foundations of b Faith , Duty and Devotion , as safe : and on the Papists superstructures , as not damnable : Whose life was Grotius and Cassander's Wish , An Accommodation to the Christian World. Privacy is the Favourites In●erest , and concealment his ●are : Sir William wished for success for his Masters sake , but dissembled it for his own : He is the man , that loseth neither his Privacy , nor his Reputation . Quiet was his temper , though noble his resolution : Troublesome is a witty man on a stage , as a Monkey in a cup-board of glass . Placed , sweet and composed is the prudent Man , like an Intelligence in the Heavens , or a god in the World. Up he went , but by just degrees ; that if down he must , he might do so with the same leasure and safety . When he had managed the Secrets and Negotiations of Henry the Eighth , with Dexterity and Faithfulness ; the Lands of King Edward the Sixth , with Skill and Improvement ; the Purses of Queen Mary & Q●een Elizabeth , with good Husbandry and Ca●e ; When he had lived enough to his Countries , to his Sovereigns , to his Friends , and the Publique Good ; he retired to live to Himself first , and then to his GOD. Observations on the Life of Sir Richard Morisin . SIr Richard Morisin born in Essex ( or in Oxfordshire e ) was brought up f at Eaton , Cambridge , and Inns of Court. He was so skilful in Latine and Greek , and in the Common and Civil Law , that he was often employed Embassador by King Henry the VIII , and Edward the VI , unto Charles the Fifth Emperour , and other Princes of Germany ; which he discharge● with all honesty and ability . After the death of King Edward the VI , he was forced to fly beyond the Seas ; and returning out of Italy , died at Strasburgh , on the 17. of March , 1556. Three things made a compleat man in those days : 1. A publick School , where their School-fellows Genius's instruct much more t●an their School-masters pains ; where a man attains at once to Learning , Prudence , and a Spirit : 2. A comprehensive insight into Tongues and Sciences ; by the first whereof they unlocked Men , and by the second , Things ● 3 Travel , where they saw what they read , and made that a solid apprehension and observation , which was before but a fluid notion and a floating imagination : Our Knight was happy in all Three , but so compleat in the last , that he had the Virtues and Port of a German , as if he had been a Native of that place ; and loathed the Vices , as if he had never seen it : Thereby he could get so far within that people , that he saw all their Intrigues ; and be yet so reserved , that they could see nothing . The ablest German Divines guided his conscience , and the greatest Statesmen his Negotiation . He kept under the Emperour by the Princes , the French by the Emperour , and the Pope by them all . So much service did the good Knight to King Henry the Eighth , in his Wise Katharine's Case ; and so much the whole Kingdom , in that of Religion ; that he equally fled Q●een Mary's wrath , and her Religious Persecutions . His strong pa●ts set off his comprehensive knowledge ; his resolute spirit , his parts ; and his presence and mode , all : King Henry always chusing an Embassador that might represent his Person as well as his power : And Sir Richard had his Hegh in Germany , as well as Henry in England . His knack was his foresight , which made that an Adviso in England , which was hardly a known design there : saying usually , His Master maintained not Embassadors so much to write Histories as Prophecies . The Trejans sent to condole with Caesar for his Son that was dead two years ago ; he thanked them , and condoled with them for Hector , that was slain as many hundred years . Our Embassador in France adviseth Sir Richard of a Battel fought a Week before , and he in answer makes a large discourse of the Battel of Spurs fought many years before ; and adds , I and You are not here to tell old stories . Two things , he said , he was troubled with , Envy and Malice ; and two Remedies he had against them , Patience and Resolution . Always he wheeled with the first Mover , yet he had private motions of his own : Singular , but modest : So faithful he was , that he would d●clare his Opinion ; yet so wary , that he would not stand in it against his Prince ; knowing , that if he did it out of prudence , he rendered the Princes Ability suspected ; if out of his own sagacity , it blemished his Integrity ; Both equal inconveniencies , to intimate the Master Unable , or the Servant Corrupt . When others pressed for an over-strict Reformati●n , this Gentleman urged , That Distempers in the Body and State are reduced by Physicians and Politicians not to what they should be , but to what they can be ; Freedom , Moderation , and Impartiality are the best tempers of Reforming Counsels and Endeavours : What is acted singularly , must offend more than it pleaseth ; a study to gratify some men , being a likely way to injure all : The novelty of excessive and immoderate undertakings giving not so much content to the vulgar of a present Age , as the mischiefs of them give offense to the Generations of future times . And Melancthon's discourse to him was to this purpose : That the Reformation of hearts should go before that of Churches ; and men should try that on their own hearts which they design upon the Church : For Deformities within , will soon betray the Pretenders of publique Reformation to such private designs as must needs hinder the publique Good. It would be an easie matter for Favou●i●es to reform Kings Palaces ( saith Malvezzi ) if it were not a hard thing to reform their own houses . One asked him , Why his Embassie tended so much more to preserve his Masters Dominions , than to augment them ? And he replyed what is fathered on Henry the Fourth , That getting is a Chance , but Keeping is a Wit. After a long re●idence abroad , he thought of an Habitation at home ; which he no sooner began at Cashobery in Hertfordshire , but King Edward going out of the World , the good Knight was forced out of his house and the Kingdom . He was the first that said , Policy is not the learning of some Rules , but the Observation of Circumstances , with a present minde in all junctures of affairs ; which ( he would say ) was their happiness only , that had good memories : For when one ●aid he had seen much , heard more , and read most : You were ( said he ) a more compleat man , could you say , I remembered as much . Secretary Walsingham would say , My Lord , stay a little , and we shall have done the sooner : Secretary Cecil said , It shall never be said of me , That I will defer till to morrow what I can do to day : And Sir Richard Morisin , Give me this day , and take the next your self . Noble was his Resolution , when he said , He scorned to take pensions from an Emperour of Germany , since an Emperour of Germany took pay of the King of England . His stature was something tall , and procured him reverence ; his temper reserved , and commanding security to his person and his business . He that knoweth to speak well , knoweth also where he must hold his peace , said the old Graecian : Think an hour before you speak , and a day before you promise , said this English-Roman . With Ferdinand the Emperour he prevailed for the Popes assistance , and with Maximilian for his Masters against the French. Never was his Master Henry so high , as to set him above treating ; nor his Sovereign Edward so low , as to make him afraid of War ; although he looked upon the way of Treaties , as a retiring from fighting like Beasts , to arguing like men ; whose strength should be more in their understandings , than in their Limbs . I have ( said a great Prince ) greater confidence in my Reason than in my Sword ; and am so resolved to yield to the first , that I thought neither my self nor others should use the second , if once we rightly understood one another . It 's humane to use Reason rather than Force , and Christian to seek peace and ensue it . Christian was his Temper , and Religious his carriage ; so charitable , that he relieved the Con●essors , as though he had been none himself ; and so constant , that he continued his sufferings , as if there were no other . Much good did his Countenance do the Exiles in the Courts of Forein Princes ; and more his Authority at the Troubles of Frankford , where his Motive to love , was the hatred of the Enemy . Observations on the Life of Doctor Nicholas Wotton . NIcholas VVotton , Son to Sir Robert , born at Bockton-malherb in the County of Kent , ( a place so named , from some noxious and malignant Herbs growing therein ) was bred in Oxon , Doctor of the Civil Laws ; and was the first Dean of the two Metropolitan Churches of Canterbury and York . He was Privy-Counsellour to ●our successive Sovereigns , viz. King Henry the VIII . King Edward the VI. Queen Mary . Queen Elizabeth . He was employed thirteen several times in Embassies to Forein Princes . Five times to Charles the Fifth Emperour . Once to Philip his Son , King of Spain . Once to Francis the First , King o● France . Once to Mary Queen of Hungary , Governess o● the Netherlands . Twice to William Duke of Cleve . Once to renew the peace between England , France and Scotland , Anno 1540. Again to the same purpose at Cambray , Anno 1549. Once sent Commissioner with others to Edenburgh in Scotland , 1560. He refused the A●chbishoprick of Canterbury , proferred him in the first o● Queen Elizabeth . He died Ianuary 26. in 1566. being about seventy years of Age , and was buried in Canterbury . Ius●inian reduced the Law of Nations to one Body , and Doctor Wotton comprehended them in one Soul : Publick was his spirit , and such his thoughts : That profession that was designed for the settlement of the Wo●lds commerce , was now confined to a Bishops Court , a Churchwardens Oath , or a rich man's will ; when this excellent Person first enlarged it as far as the Sea , in the Cases of the Admiralty ; and as wide as the world , in the Negotiations of Embassie . Others were trusted with the Interest of Princes , He with that of Nations . He that saw him , would think he could deny nothing , so modest Scholar-like his looks ! He that heard him would judge he would grant nothing , so undeniable his Reason ! so irrefragable his Arguments ! His speech was as ready as his resolution was present . His apprehension quick and clear : his method exact : his reading vast and indefatigable : his memory ( strong as to things , though not to words ) tenacious : his clocution copio●s and flowing . What si● Henry Wotton said of sir Philip Sidney , I may say o● Nicholas Wotton , That he was the very measure of congruity . What that Counsellour writ to the French King in a great sheet ( when he required his advice ) that our Doctor advised our Princes in several Discourses , viz. Modus , a mean● Sir , ( said King Henry to him , now not forty years old ) I have sent a Head by Cromwel , a Purse by Wolsey , a Sword by Brandon , and I must now send the Law by You , to treat with my Enemies . Augustus lamented for Varus his death , because , he said , Now I have none in my Countrey to tell me the truth : With Wotton went off that faithfulness that Peasants have , and Princes want : None more resolute abroad , none more bold and down-right at home . His plain dealing saved King Henry some Treasure , King Edward the North , Q●een Mary Calice for a while , and Q●een Elizabeth her Faith and Crown : A Virtue that made him the Overseer of most Forein Ministers Actions abroad , and one of the sixteen Executors of King Henry's Will and Testament at home . Gardiner was sly and close , but Wotton prudent and wise . In the Treaty at Calice there are two things remarkable of our Doctor , 1. That he first insisted on the peace with France , before that of Scotland● 2. He would say , Rather give away Calice , than reserve a Right in it fifteen years hence : for never was the Interest of any Nation so constant , as to keep a promise half so many ●ears . Indeed Sir William Cecil's reach went no further for a Layman , than Doctor Wotton for a Church-man : Therefore they two were pitched upon for the management of the Intrigues and Affairs o● Scotland . Many envied this happy man , but none could be without him , who was ●he Oracle of both Laws at Councils ; who could sum up the merit of any Cause , recollect the circumstances of any Affair ; and shew Tables of Trade , Commerce , Situations , Counsels , Revenue , Interest , &c. the readi●st and exactest of any in England . But all these Qualifications must die , and he with them : leaving it as his Advice , First , To Church-men : To understand well the Common and Canon-Law , as well as the Divine ; by the first whereof , they might understand their right ; as by the second , they info●med themselves and othe●s of their duty . Secondly , To Statesmen : Travel and History . Thirdly , To Embassadors : 1. A good Pu●se : 2. A noble and sober Train ● 3. Constant correspondence and observation : 4. A happy medley of Debonairness and Complacency , Reservedness and Gravity : with the first he had taken Princes , and with the last Statesmen : the one discovers others , while the other conceals you . 5. Resolution : I made often ( said h● as if I would fight , when they knew my calling allowed me onely to speak : 6. Civility : That man ( said the Prince of Orange ) is a great bargain , who is bought with a bare salvation . Fourthly , To Privy-Counsellours : That excellent caution , Always to speak last , and be Masters of other strength before they displayed their own . This was that rare man that was made for all business , so dexterous ! This was he that was made for all times , so complying ! This was he who lived Doctor of both Laws , and died Doctor of both Gospels ; the Protestant , which had the States-mans part of this man ; and the Popish , who had the Christian. Noah * had two faces , because he was a son of the old world before the flood , and a father of the new one after : Wotton sure had four faiths , who was a Favourite in King Henry's days , of the Counsel in King Edward's , of the Juncto in Queen Mary's , and the g second Statesman in Queen Elizabeth's . With these two things of this person , I shall conclude : 1. His refusal of the Archbishoprick of Canterbury , which argued his extraordinary humility or wariness . His admission of Doctor Parker , as Dean of Canterbury , to that See ; which argueth the legality of his calling , there being no circumstance with any likelihood omitted , by so exquisite a Civilian as Doctor Wotton ; or forgotten , by so great an An●iquary as Doctor Parker . Observations on the Life of Sir Thomas Wriothesly , the first Earl of Southampton . THomas Wriothesly Knight of the Garter , was born in Barbican , Son to William Wriothesly ( descended from an Heir general of the antient Family of the Dunste●viles ) King of Arms. He was bred in the University of Cambridge , as it appears by Mr. Ascam's Letter unto him , writing in the behalf of the University , when he was Lord Chancellour . Quamobrem Academia cum omni literarum ratione , ad te unum conversa ( cui uni quam universis aliis se charior●m intelligit ) partim tibi ut alumno suo , cum authoritate imperat : partim , ut patrono summo , demisse & humiliter supplicat , &c. His University-Learning prepared him for the Law , & ●is indefa●igable study of the Law promoted him to the Court ; where , for his Honour , he was created Baron of Tichbourn , Jan. 1. 1543. and ●or his Profit , the next year , May 3. Lord Chancellour ; a place he discharged with more Applause than any before him , and with as much Integrity as any since him : Force ( he said ) awed , but Iustice governed the World. It is given to that Family to be Generous and Resolute : This incomparable Person was under a cloud in King Edward's time , for being a rigidly-conscientious Papist ; and his great Grandchild suffered in King Charles his time , for being a sincerely honest Protestant : Ye● so reverenced was the first of this Family by his Adversaries , that he was made Earl of Southampton ; and so honoured was the other by his Enemies , that they courted him to their party . Integrity hath a Majesty in its full , and a Glory in its lowest Estate ; that is , always feared , though not always loved . No Nobleman understood the Roman Religion better than the first Earl of Southampton ; and none the Protestant better then the last , the Right Honourable and truly Excellent Thomas Earl of Southampton , and Treasurer of England . His Court , he said , gave Law to the Kingdom ; His constant and exact Rules , to the Court ; and his Conscience guided by the Law of the Kingdom , to his Rules . Affable and acceptable he was , as More ; quick and ready , as Wolsey ; incorrupt , as Egerton ; apprehensive and knowing , as Bacon . Twice were all Cases depending in Chancery dispatched ; in Sir Thomas Wriothesly's time , 1538. and in Sir Thomas More 's 1532. Truly did he judge intra Cancellos , deciding Cases with that Uprightness , that he wished a Window to his Actions , yea and his Heart too . King Philip was not at leasure to hear a poor Womans Cause ; Then , said she , cease to be King. My Lord over-hearing a servant putting off a Petitioner , because his Master was not at leasure , takes him up roundly , and repli●s , You had as good say , I am not at leasure to be Lord Chancellour . Two things he would not have his servants gain by , his Livings and his Decrees ; The first , he said , we●e Gods , the second the Kings , ( whom every man , he said , sold , that sold Justice : ) To honest men , your places , said he , are enough ; to Knaves , too much . Every Week he had a Schedule of his own Accounts , and every Month of his Servants . Cato's greatest Treasure was his Account-Book of Sicily ; and my Lord of Southampton's was his Table of the Chancellours place . A great Estate was conferred upon him , which he took not in his own name , to avoid the odium of Sacriledge ; as great an Inheritance he bought , but in others names , to escape the malice of Envy . He loved a bishop , he said , to satisfie his Conscience ; a Lawyer , to guide his Judgment ; a good Family , to keep up his Interest ; and an University , to preserve his name . Full of Years and Worth , he died 1550. at Lincoln-place , and was buried at St. Andrews Church in Holborn , where his Posterity have a Diocess for their Parish , and a Court for their Habitation . Observations on the Life of Sir John Fitz-James . JOhn Fi●z-Iames Knight , was born at Redlinch in Somersetshire , of Right Antient and Worthy Parentage , b●ed in the study of our Municipal Laws ; wherein he proved so great a Proficient , that by King Henry the Eighth he was advanced to be Chief Justice of the Kings Bench. There needs no more to be said of his Merit , save that King Henry the Eighth preferred him ; who never used either Dunce or Drone in Church or State , but Men of Ability and Activity . He sat thirteen years in his place , demeaning himself so , that he lived and died in the Kings Favour . He sat one of the Assistants when Sir Thomas More was arraigned for ●efusing the Oath of Supremacy , and was shrewdly put to it , to save his own Conscience , and not incur the Kings Displeasure : For Chancellour Audley , supreme Judg in that pla●e , ( being loath that the whole burthen of More 's condemnation should lie on his shoulders alone ) openly in the Court asked the Advice of the Lord Chief Justice Fitz Iames , Whether the Indictment were sufficient or no ? To whom our Judge warily returned , My Lords all , by St. Gillian , ( which was ever his Oath ) I must * needs confess , That if the Act of Parliament be not unlawful , then the Indictment is not in my conscience sufficient . He died in the Thirteeth Year of King Henry the Eighth ; and although now there be none left at Redlinch of his Name and Family , they flourish still at Lewson in Dorsetshire , descended from Alured Fitz-Iames brother to this Judge , and to Richard Bishop of London . The two main Principles that guide humane Nature ( saith Judge Dodderidge ) are Conscience and Law : By the former we are obliged in reference to another world , by the latter in relation to this . P●iests and Judges are the Dispensers of ●hese Principles : No Prince more unhappy in his Priests than King Henry ( whose unhappiness it was , that all the juggle , prevarication , and imposture of his time was in the Pulpit , ) none more happy in his Judges , ( to whose Reason his People were more willing to submit , than they were to hearken to his Clergy's Instruction ) among whom none more renowned than Sir Iohn Fitz-Iames , who was so fearful of the very shadow and appearance of corruption , that it cost his chief Clerk his place but for taking a Tankard , after a signal Cause of 1500 l. a year , wherein he had been serviceable , though not as a Bribe , but as a Civility . Caesar would have his Wife without suspicion of lewdness , and Fitz-Iames his servants without the appearance of corruption . What was Law alwayes , was then a Resolution , Neither to deny , nor defer , nor sell justice . When our Judge came upon the Bench , he knew no more then Melchisedech or Levi , Father or Mother , neither Friend nor Interest : for when his Cousin urged for a kindness , Come to my House ( saith the Judge ) I will deny you nothing ; come to the Kings Court and I must do you justice : And when the Attorney-General bespake his favour in a publick Cause , Trouble not your self , ( said he ) I 'le do the King right : The King is cast , the Attorney expostulates ; the Judge satisfieth him , That he could not do his Majesty Right , if he had not done justice . His P●udence so tempe●ed his zeal for his Sovereign , that he over-strained not the Prerogative to bring in fears and jealousies of Tyranny on the one hand ; and his Integ●ity so balanced his Popularity , that he never depressed it to broach bold opinions and attempts of Liberty , on the other : complying with none of those humours that an Imaginary dread of oppression , or a dangerous pres●mption of freedom may transport to irregular excesses either for the one , or against the other . As his Majesty was secured by his Loyalty , so his Subjects were by his Patience , a Virtue he carried with him to the Bench , to attend each circumstance of an Evidence , each allegation of a Plea , each plea in a Cause ; hearing what was impertinent , and observing what was proper . His usual saying ( as Sergeant Mandevil reports it ) being , We must have two souls , as two sieves , one for the Bran , the other for the flour ; the one for the Gross of a Discourse , the other for the Quintessence . The same day that there was no Cause to be tried in the Chancery in Sir Tho. More 's time , there were but three in the Kings Bench , in Sir Iohn Fitz-Iames his time : the reason whereof some imagine was Cardinal Wolsey's extraordinary power ( that engrossed all Causes to his Legantine Court ; ) others know it was the Judges Integrity , who was too honest to allow , as that Age was too plain to contrive , delays and obstructions . Lewis the Eleventh of France would say , when he was advised to take Revenge of those that had affronted him before he came to the Crown , That it became not the King of France to revenge the Injuries done to the Duke of Orleans . A Person that had no●oriously wronged Sir Iohn when a Templer , in the case of his Chamber , was to be tried before him for his whole E●tate when a Judge ; the Adversaries among other shifts made use of this old Q●arrel ; whereupon Sir Iohn said , It doth not become a Iudge upon the Bench to revenge a wrong done in his Chamber . Two things upheld him in those boysterous times : 1. Silence , 2. Patience : both wary Virtues that seldom endanger their Owner , or displease their Superiours . The Pe●ple of those times would live and die with the Pope and Council ; and this Judge , with the King and Parliament : The grand Article of his Faith was , I believe as the Church beleives : and the great Rule of his Practice was , I will live as the Law directs . He was a tried Man , whose Faith and Honour was above his Life and Fortune ; whose Generosity was above that first temptation of Money , as his Spirit was above the second of Danger : No fear here of delivering up Priviledges to day , for fear of the King ; or Prerogative to morrow , for fear of the Subject : No , an unbiass'd Temper between both , make up this honest man ; who came on to preferment with great Expectations , and went off with great Applause : being one of the three men of whom it is said , That because they never pleased their Master in doing any thing unworthy , they never displeased him in doing any thing that is just . When base compliance goeth off with the contempt of those it hath humoured , a Noble Resolution comes off with the Reverence of those it hath discontented . Observations on the Life of Sir William Molineux . SIr William Molineux Junior , Descendent from Sir William Molineux Knight , of Sefton in Lancashire , flourished under King Henry the Eighth , being a man of great command in Lancashire ; bringing the considerable strength thereof to the seasonable succour of the Duke of Norfolk , with whom he performed signal service ●a Flodden-Field . The Image of whose mind , he was as well as the Portrait of his body . Peculiar was our Knight for nobly forgiving his Enemies if reconcilable ; and refusing ignobly to be revenged of them , though obstinate : for honestly would he betray the Villanies of them , that dishonestly offered to betray them to him ; as Fabricius delivered up to Pyrrhus , though a sworn Enemy , the Physician that would have Poysoned him ; Lewis the 11th . discovered to the Duke of Burgundy , though his mortal Foe , the conspiracy that would have ruined him ; And Queen Elizabeth of England , with King Philip of Spain , gave Henry the great of France , ( when Friends with neither of them ) notice of two Plots upon his person , that would have ruined him . It is confessed on all sides that the Scots lost the day , by not keeping their Ranks , but not agreed on the cause thereof . Buchanan ( who commonly makes the too much Cou●age of his Country-men , the cause of their being conquered ) imputes it to their indiscrete pursuing of the English routed at the first : Others say , They did not break their Ranks , but were broken , unable to endure the Lancashire Archers , and so forced to sunder themselves . In this Battel the Scottish King and chiefest Gentry were slain , the English losing scarce any ; the Scots scarce any but of prime note . The King a●terward wrote his Gratulatory Letter to Sir William Molineux , in form following . TRusty and Well-Beloved , We greet you well : And understand as well by the Report of Our Right Trusty Cousin and Counsellour , the Duke of Norfolk , as otherwise , what acceptable service You amongst Others lately did Vs by your valiant Towardness in the assi●ting of Our said Cousin against Our Enemy , late King of Scots ; and how couragiously you , as a very hearty loving Servant acquitted your self for the overthrow of the said late King , and distressing of his Malice and Power , to Our great Honour , and the advancing of your no little Fame and Praise ; for which We have good cause to favour and thank you , and so We full heartily do ; and assured may you be , that We shall in such effectual wise remember your said Service in any your reasonable pursuits , as you shall have cause to think the same right well imployed to Our comfort and weal hereafter . Given under Our Signet , at Our Castle at Windsor , the seven and twentieth of November . It appears by our Author , that the like Letters , mutatis mutandis , were sent unto Sir Edward Stanley , and some other men of princip●l note in Lancashire and Cheshire . There is more in the Education than the Birth ( though that be Noble too ) of this Gentleman : much Generous Blood sparkled in his Veins , more Arts and Sciences thronged in his S●ul : A learned Prince brought up a learned Gentry , the most hope●ul of whom think themselves as much obliged to imitate his Virtues , as the most degenerate were inclined to practi●e his Vices . Four excellent Artists were at once entertained in his Fathers House : 1. A compleat Grammarian and Linguist , Parker . 2. An exact Mathematician and Historian , Calvius : 3. A skilful Musitian , Palleviceno . 4. An active Dancing-master and Souldier . The Latine Tongue then wearing out its Barbarism , he spake and writ elegantly : Cicero's Works he kenned particularly : Plutarch's Lives and Morals ( that Book which , as Gaza said , would furnish the World , if Learni●g were lost ) he epitomized punctually : The active and practical part of Geometry , he studied intently . And , as the complaisance of his Nature and sweetness of his Temper , he added to these severer studies , those more airy of Musick , Poetry , and Heraldry . Si ad naturam eximiam eruditio accesserit tum demum singulare quoddam existere solet . This Noble Nature , advanced by this Heroick Education , must needs do Wonders , as it did : first , In the University : where his Company was choice , his Carriage even and staid , his time exactly observed and prudently spent : secondly , abroad : where his Converse was wary , his Conduct Noble and Plausible , his observations and exercises manlike and knowing : Thirdly , at Court : where his presence was graceful , his discourse solid , digested , distinct , and clear ; much improved by reading , more by travelling , most by con●erence with those that speak well : Fourthly , in the Country : where his Hospitality was renowned , his Equity and Prudence beloved , and his Interest large and commanding . None pleased the King at Court more , such his Learning to satisfie him , such his Debonairness to delight him ; ( for as Cardinal Wolsey , so Sir William Molineux got in with King Henry the Eighth by a Discourse out of Aquinas in the morning , and a Dance at night . ) None served him better in the Country : Such his obligations upon Tenants and Neighbours , that he had six thousand men at command : such his prudence and justice , that there were more differences ended in his Parlour , than in Westminster-Hall : such his ca●e and watchfulness , that no Treason stirred , but his Agents discovered , and his Militia was at an hours warning to suppress it : The Idea of the English Gentleman ! In Favour at Court ! In Repute in the Country ! At once Loved and Feared ! Four things he took special care of : 1. That the Poor might have their stated Alms. 2. That the Priests might enjoy their known Dues . And 3. That his Tenant might be so well used , that he might thrive ; and but so well , that he should not be idle . 4. That every Body should be employed : saying , He had rather they should be busie , though doing nothing to the purpose , at the charge of his Purse ; than that they should be idle , doing nothing at all , at the charge of their own pretious time . In a word , he lived in all Capacities a publick Good , and died a common L●ss : Leaving in his Family that best Legacy , A good Example ; and his Country that lasting Mo●ument , A good Name , for two things that he hated ; 1. Depopulating inclosures : 2. Unworthy Inhancements of Rents : For he died with this Advice to his Son , Let the Vnderwoods grow . The Tenants are the supports of a Family , and the Commonalty are the strength of the Kingdom . Improve thriftily , but force not violently either your B●unds or Rents above your fore-Fathers . His Popula●ity never failed of being called to the Parliament , nor his Activity of being useful there : None understood better how to move , to press , to quit , to divert , to escape , to watch and mould a business : None knew better the confederacy of Contrivers , Speakers , Sticklers , Dividers , Moderators , and the ● & No-Men , their Method & Correspondence : None more patient and industrious , when a lower Faction was firmer in conjunction , and a few that were stiff , tired out many more moderate . He had no easiness to be imposed upon , no weakness to be deluded , no low Interest to be corrupted by fond hopes or fair promises of Preferment , to wave the very pinch of a dispute ; no pleasure or vanity to be debauched , while the vigilant Faction steals a Vote worth a Kingdom ; no sloath nor neglect , to be surprized ; no vanity of discourse , to lose his Master , no partiality to be biassed , no discontent to satisfie , no passion to misguide : As one that hated nothing , but what was Dishonest ; feared nothing , but what was ●gnoble ; and loved nothing , but was Just and Honourable : having a care of his Virtue , as lying in his power , but not of Fortune , as lying in the power of Superiours , from whom he could only by deserving command a favour ; he being of Plato's opinion , that a mans mind is the Chariot ; Reason the Coach-man ; Affections the Horses ; desire of Honour the Whips ; both exciting to goe forward , and awing to be exact : Honour , always keeping up curiously the honoured person in an heighth of action , that keeps an even pace with admiration ; evenness and constancy being the Crown of Virtue . Observations on the Life of Sir William Fitz-James . HIs Judgement in Parliament brought him to the notice , and his Activity & prowesse in the Wars recommended him to the service of King Henry . The Bishops pleaded for the Catholiq●e Religion , the People for a Reformation ; Sir William offered his Opinion for a mean between both ; That since it was unreasonable to tie up Mankind in blind obedience one toward another , and impossible to run through all Difficulties and Controversies our own selves , ( so much Time and Money must be spent in such an Vndertaking , so many Languages learned , so many Authors read , so many Ages looked into , so many Faith 's examined , so many Expositors conferred , so many Contradictions reconciled , so many Countries travelled , for any considerable satisfaction ) to believe all , is inconsistent ; to neglect all , is impious : There remains no other way for the Laicks , but to recollect and ●ick to the most Common , Authentick and Vniversal Truths , tending to Virtue and Godliness ; apart from what is doubtful and controverted , and tending only to strife and perplexity ; and by these to live our selves , and exa●ine all other pretensions whatever ; there being no part of Religion but what hath Virtue and Grace as its Foundation and Design : A way that would keep men from Atheism , under a sense o● Religion ; from endless controversies , in the solid p●actice of Virtue ; from fatal Divisions , in peace and concord . Let us ( said he ) establish and fix these Catholique and Vniversal Notions , and they will settle our Souls , and not hinder us to believe whatsoever is faithfully taught by the Church , or submit to what is authoritatively enjoyned by the State. So that whether t●e Eastern , Western , Northern , or Southern Teachers , &c. and particularly whether my Lord of Rochester , or Luther , &c. be in the Right , we Laicks may so build upon those Catholicks and infallible Guards of Religion , as whatsoever superstructures of Faith be raised , these Foundations may support them . This Discourse opened a Door to the Reformation intended , and shut out all those prejudices it might lie under from the State , and Religion o● Fore-Fathers , &c. Hereupon Sir William is invited to Court ; and when the air and softness of that place suited no● his more severe and stirring Temper , he is promoted to Authority first by Land , and then by Sea ; where none was more watchful in the War● between Us and France , none so active in those between Us and Scotland : With thirty six Ships he gave Law to the narrow Seas , as Poynz with forty more did to the Main : There was not a serviceable man belonging to him , but he knew by name ; It being his Rule , That none fought well , but those thet did it for a fortune . While he watched the Coast of France , he discovered twelve French Ships , in which the Archbishop of Glasco , and divers others of Quality were , ( whom the Duke of Albany had sent before him into Scotland ; ) these he chased to a ship-wrack : and leaving a Squadron to shut up the French Havens , went along the French Coasts , landing in divers places , wasting the Country , till at last he came to Treport , a Town strongly situated , and garisoned with three thousand men , which yet he took ; and finding it not his Interest to dwell there , pillaged and burned it , going off with Success and Glory : Insomuch that King Henry joyned him with the Bishop of Bath in the Commission for the Treaty at Paris ; where such Articles were agreed on touching a Marriage with the Princess Mary , and the joynt Embassie to the Emperour , as spake Sir William as well seen in the state of Europe , as any particular Person in the seven Kingdoms of it : whereof one was , That they should unite by all the Ties of Alliance . Friendship and Interest , against the growing Power of Austria , so far as that there should be no League , Correspondence , War or Peace , wherin they both should not be concerned . From his Forein Negotiations he returns to his home-services : and the next view we have of him is in the Parliament , bringing up with Sir Anthony Fitz-Herbert , a Bill against the Cardinal ; who wi●hed then , as Philip Duke of Burgundy did , that with Alexander he had Died young . 1. For encroaching upon his Sovereigns power by his Legantine Authority . 2. For treating between the Pope and the King of France , without his Master's privity and consent ; as likewise between Himself and the Duke of Fer●ara . 3. For joyning Himself with his Majesty ; saying , The King and I. 4. For swearing his Houshold-servants only to himself . 5. For speaking with the King , when infected with the Pox , pretending it was only an Imposthume . 6. For giving by prevention divers Benefices away , as Legate . 7. For receiving Embassadors before they came to the King : As also for opening all the Kings Letters , and taking an account of all Espials , concealing what he pleased 8. For carrying things with an high hand in the Privy Council . 9. For transporting Grain , and sending advertisements of the Kings Affairs abroad . 10. For taxing or alienating Religious mens lands , to the great decay of hospitality and charity . 11. For controuling the Nobility , and engrossing all Causes in his Iurisdiction . 12. For taking all ordinary Iurisdiction from them by prevention , and seizing their Estates , as be did all other Ecclesiastical persons upon their death . 13. For perswading the Pope by indirect practices to suppress Monasteries . 14. For passing Iudgments without hearing , and reversing such Iudgments as had duly passed . 15 For suspending the Popes pardons untill he was ●ee'd . 16. For turning out his old Tenants . 17. For his general encroachments upon the Rights of Religious Houses , and the encroachments of Courts of Iustice. 18. For saying to the Pope , in order to the obtaining of a Legantine power , to the indelible shame of the Church of England , That the Clergy of England were given in reprobum sensum . 19. For embezling the Goods of the most wealthy Prelates that died in his time . 20. For bringing off his Servants from the Law against extortion , at York . 21. For dividing the Nobility . 22. For keeping as great state at Court , and exercising as great authority in the Country for purveyance , &c. as the King. 23. For forbidding petitions and purveyances within his Iurisdictions . 24. For engrossing all Copy holds within his power , to his Lemans , Procurers , &c. 25. For altering the Market-prices set under ●His Majesties Hand and Seal . 26. For impressing his Hat under the King's Crown , in the Coyn at York . 27. For hindering the due course intended by visiting the Vniversities to suppress heresies . 28. For disposing of mens Estates and Proprieties at his pleasure . This Bill was aggravated most effectually , by three most pinching considerations : Viz. That the King's Honour was by him diminished : That the state of the Realm was by him decayed and discontented : That the course of Justice was by him obstructed . A great Undertaking , this ! To bring down this lofty Prelate ! ( whom his Master created the * King 's Fellow , and his own pride made his Superiour ) But as Wise as Great , if we regard the five Politick circumstances : 1. The Queen was engaged . 2. The People were oppressed . 3. The King was needy and covetous . 4. The Nobility were kept under . 5. The Clergy were harrassed : And all by this proud man : And at that juncture is he convened before the Parliament , and charged home by this excellent Knight , who never left him till he was humbled , as Justice Fitz-Herbert did not his servants , until they were reformed . Neither did the Pope escape him abroad , better than the Cardinal at home : For his next action we find is a Declaration drawn by him , Io. Fits-Warren , Tho Audley , and Others , to Pope Clement the Seventh , expostulating his Delays , and conjuring his Dispatch in the Business of the King's Marriage . Very serviceable he was to his Master in time of Peace , more in time of War , where he said as the great General did , that he never saw fear , but upon the back of his enemies : and particularly ●t the Insurrection 1536. where he cut off the Rebels Passes , distressed their Arms , and when they refused a Treaty but upon condition that Ashe their Leader was pledged , advised an engagement with them out of hand ; saying , No English-man should be undervalued so far as to be an Hostage for a Villain : and adding further ( so good was his Intelligence ) That if they were not defeated speedily , the Scots and Germans would discover that they had but too much hand in this plot . For which his services , his Master raised him to the Admiralship of England , and the Earldom of Southampton ; in which Qu●lity he was one of the three Noblemen that managed the Business of Divorce between the King and Anne of Cleve , with that applause that made him Lord Privy-Seal , Nov. 14. Anno 1541. and the grand Examinant of the particulars in the Lady Katharin Howard's Case , a matter of great trust and secrecy ; w●ich he performed with a searching and deep Judgment , beyond that Ladies fear , and the King's expectation ; as appears from the exact Account given under Sir Tho. Audley and his own hands , touching that matter . Having provided for the Kings Safety at Home , he is One of Four that treat for his Intrest abroad , I mean upon the Borders of Scotland ; where our excellent Persons dexterity was observed , in gaining that time by various Proposals ●or Peace , that served his Master to provide against the War ; in the beginning whereof , the brave Lord died at York : so much esteemed , that for the Honour of his Memory his Standard was born in the Fore-ward , all this Expedition . A Person in whom prudence was even with activity , resolution with prudence ; Success with Resolution , Moderation with Success ; Honour and Favour with All. Observations on the Life of Sir Thomas Darcy . SIr Thomas Darcy was one of King Henry the Eighth'● first Counsellours , so advanced ( a● most of his Fellows ) not for Affection , but Interest ; owing his Promotion to his own sufficiency , rather than his Masters favour . His Counsel was weighty at Home , his Assistance necessary Abroad ; where in behalf of Pope Iulius the second and the Emperour , he did more with 1500 Archers in ● year for the balancing of Europe , than had been done before in an Age. No Employment so dangerous at that time as that of the Warden of the West Marches of Scotland , none so noble for that Employment as my Lord , who was equally knowing and stout , and at once most feared , and most loved . The Earl of Shrewsbury made some Inroads into Scotland , the Lord Darcy seconds him : But being surprized by the Duke of Albany's preparations , he had as much Wit to make Peace , as he had Resolution to carry on the War. None knew better when to yield , none better when to conquer ; so great ● command had he over himself ! so great over th● Enemy , that he brought them to request his Wish , aud offer what was his Interest ! With the Duke of Surrey's assistance by Land , and Fitz-William● his by Sea , he reduced that Nation to a good Intelligence with Us that year , and a Peace the next ; a Peace ( as he observed ) that would ●e no longer kept , than we had a Sword in our Hands , and an Army on their Borders : For Con●cience guided other parts of the World , ( he said ) and Fear Scotland : Whence he invaded them duely once a year . Observations on the Life of Sir Thomas Howard . SIr Edward's Brother in Worth , as well as Blood : His Fathers Interest set him up , and his own Industry kept him so : All the Children were brought up for Sea-Services , this Gentleman for Sea Commands . He immediatly succeeds his younger Brother in the Admiralty ; and wisely considering the advantage of the French Gallies in a calm , the number of their ships , the danger of their winds for us , if they blew South-west , desired of the King so many Souldiers as might man the ships , and make good the landing , wherewith he scoured the seas , and secured the Kings passage , with so much Honour , that he was able to assist his Father at Court , as much as Wolsey did Fox : his Gallantry being no less pleasing to his Master , than the other young Favou●ites Compliance ; and both these young men had no less Art to govern his Prince , than he had to govern his Kingdom : These Arts , which all other Favourites use , being Hopes and Fears , which as Doors & Passages to the heart , a●e so guarded by their vigilancy , that they c●n both let themselves in , and keep all others out : the two Ends upon which the Thread of Government depends . His Father is made Duke of Norfolk , and he Earl of Surrey ; both are an eye-sore to the Cardinal , who●e Fortune h●d no Superior in the Ki●gs Favour , whose Ambition would endure no Equal The Old Mans years and cares are fitted with a Retirement in the Country ; the Young Mans ambition and activity , with a Government in I●eland , which he reduced as speedily to obedience ( notwithstanding Desmond's Rebellion ) as he had to civility , had it not been for Wolsey's Underminings , who endured no publick service but what he did himself ; and would chuse rather that the Kingdom should perish by a Traytor , then be saved by a Nobleman . Beloved he was by that Country ( where he left a Peace and a Parliament , Anno 1521. ) so that they were loth to part with him : Wanted he was by the King , to scour the narrow seas for the French War ; so that he must have him . The King hath made him formerly His Admiral , the Emperour upon his return from England makes him his ; and with both their Commissions he lands in Normandy , wastes the adjacent Countries , ( sparing only Religious Houses ) takes and sacks Morlais in Bretaign ( which he entered under the smoak ) burns their ships , commands the sea , and sets the Emperour safe in Spain ; advising his Majesty from thence to make a general Muster of his Subjects for his own satisfaction and others terrour , March 27 , 1522. The troubles in Scotland required an able Head and a stout Heart , two Endowments that no man was more Master of than the Earl of Surrey , now Duke of Norfolk ( upon his beloved Fathers decease ) whose Prudence toyled the Scots to deliver up their King , as his Prowess frighted them to yeild up themselves , as they did in that most exquisi●e Treaty , where the Earl of Worcester beat the Bush , saith my noble Author , and our Duke catched the Hare . A while after he is Earl Marshal , and Embassador to King ●rancis about t●ose two grand poin●s : 1. That the French King should set up a Patriarch : 2. That he should stop up all the payments made to Rome , wi●h fair promises of that supply of men and money he then most wanted When the Pope stuck to Queen Katherine , three things he advised the King to : 1. To teach the people that a general Council was above the Pope , and proclaim that he did appeal to it . 2. To fix upon every Church-Door the Dowagers Appeal to Rome , and the late Statute against it . 3. To confederate with the Kings of Hunga●y and Poland , the Estates of the Empire and the Hanse Towns. Three things that would settle his People at home , and strengthen his Interest abroad : To which he added the Statute of Succession , the Oath of Supremacy , Sir William Howard's Embassy to the Scotch King , the suppression of Religious Houses , the War in Ireland under Sir William Sheffington , and a thorow search into the bottom of the Rebellion in the North , by a connivance and delay . But all his services could not quit him from suspicion , nor his popularity from envy : The Lord Da●cy accuseth him to excuse himself , and Cromwel seconds him ●o secure himself : & ( as unhappinesses follow one another in the same order as one wave flowe●h after another ) his Nieces miscarriages threatned his fall ; but that the honest man ( as appears from a Letter the whole Council sent to Sir William Paget then resident in France ) was the first that declared against her , and put the King upon the most safe & honourable ways of trying her ; which sati●fied his Majesty so far , that he employed him as c●ief in the Treaty upon the Borders , and General in the War when that Treaty failed ; Sir Anthony Brown , upon his Recommendation , being added to the Commissioners in Scotland , and to the Privy-Council in England , ●s Master of the King's Horse , as Sir Iohn Gages was Compt●oller of his House . Several Persons came to London for a Reward of their Scotch service● ; this Duke gave the King a wa●y and grave counsel , to bestow upon them as much Land as they could win in Scotland . But Greatness is fatal : The King is old and testy , the Government disordered & irregular , the Duke too stifly honest to comply , the Council envy him ; and in this Juncture his Wives passion discovereth his Minions , and they , to save themselves , his privacies and secrets : His son , a man of a deep unde●standing , of a sharp wit and great valour , bred up with Henry Fitz-roy at Windsor , and afterwards at Paris , was beheaded before his face . His Favourite M●s. Holland deposed , That he said many , looked for the Protectorship ( when the King , who lived and moved by Engines and Art , rather than by Nature , should die ) but he would carry it : That the King did not love him because he was loved by his Country ; but he would follow his Fathers Lesson , which was , That the less others set by him , the more he would set by himself : That he had a Daughter for the King as well as others● &c. His Estate was great , his power greater ; the King's occasions had swallowed up the one , and his Enemies ambition the other , notwithstanding his humble submission before the Council , and his many services to the King , had not his Majesties Death saved his Life . As the deepest Hate is that which springs from violent Love , so ●he greatest Discourtesies oft arise from the largest Favours . It is indiscreet to oppress any , dangerous a Prince with Kindnesses ; which being Fetters , are Treason on that Person : But Suspicion ! Ah sad Suspicion ! The Companion of the Weak or Guilty ! The Cloud of the Mind ! The Forfeiture of Friends ! The check of Busine●s ! Thou that disposest Kings to Tyranny ! Husbands to Jealousie ! Wise men to Irresolution and Melancholy ! Trust , and you need never suspect : But Policy and Friendship are incompatible , I see ; where Norfolk begs that Life from the Block at last , which he had ventured two and thirty times for his Sovereign . Who knows the Cares that go to Bed with Statesmen ! Enemies Abroad , Treache●ies at Home , Emulations of Neighbours , Dissatisfaction of Friends ; Jealousies of most , Fear of all : unwelcome Inventions to palliate unjust Courses : fears of Miscarriage and Disgrace ; with Projects of Honour and Plausibility , with restless thoughts how to discover , prevent , conceal , accommodate the Adversaries , or his own Affairs . Let us live , and love , and say , God help poor Kings ! Observations on the Life of Sir Edward Stanley . THe Stanley's service to Henry the Seventh , was a sufficient pledge of their faithfulness to Henry the Eighth . Honour floated in Sir Edward's blood , and Valour danced in his spirits : His stirring childhood brought him to Henry the eighth's company , and his active manhood to his service . The Camp was his School , and his Learning was a Pike and Sword ; therefore his Masters Greeting to him was when they met , Hoh , my Souldier ! In many places did he shew himself , but no where more than at Flodden , where his Archers fetched down the Scots from their fastness , and relieved the English from their distress ; the Earl of Surrey beginning the Conquest , and Si● Edward crowning it : for which the King immediately set him high in his favour , and not long a●ter , as high in the world , being made Baron Stanley , and Lord Mounteagle . Twice did he and Sir Iohn Wallop land with only 800. Men in the heart of France , and four times did he and Sir Tho. Lovell save Callis ; the first time , by Intelligence ; the second , by a stratagem ; the third , by valour and resolution ; and the fourth , by hardship , patience , and industry . In the dangerous Insurrection by Ashe and Cap●●in Cobler , his Zeal for the States welfare was a●ove scruples , and his Army was with ●im before ●is Commission : for which dangerous piece of ●oyalty , he asked pardon , and received thanks . Two things he did towards the discomfiture of the Rebels , ( whose skill in Arms exceeded ●is Follow●rs , as much as his policy did their Leaders ) first , he cut off their provisions , and then secondly , sow●d sedition among them , whilst his Majesty gained ●ime by pretended Treaties to be even with them , drawing off the most eminent of the factions every day , and confounding the rest . He lived wi●h this strange opinion , that the soul of Man was like the winding up of a Watch , and when the String was run out , the Man died , and there the Soul determined , but he died not so . Observations on the Life of Sir Thomas Bolen . THe City enriched this Family , their Parts raised them : His Activity was as taking with King Henry , as his Daughters beauty . He was the Picklock of Princes : upon his word only would the King model his Designs , and upon his word alter them . He discovered Ferdinand's underhand-treaty with Lewis , and his design upo● Navarre ; a●d writ to his Master to press the ambiguous man to a co●clusion , and to send over some treasure : for , said he , the whole World i● now to be sold ; adding the necessity of a peace , o● at least a truce with Scotland . Sir Thomas Bole● was against the Kings going to France in person before he had some more issue , or * Edmund de la Po●● were dispatched out of the way . Sir Thomas Howard was for it , it being dangerous to entrust so Noble an Army , or so renowned an Action with any subject , especially when Maximilian the Emperour offered to serve under his Majesty as Lieutenant , and the Pope to attend him as Chaplain . There is nothing more remarkable of Sir Thom●● Bolen , than , 1. The Education of his Children ; his eldest son being bred at the Emperours Court , his youngest with the Pope at Rome , and his Daughter with Queen Mary in France . 2. His Negotiation with the Lord St. Iohns in Germany , where he over-reached the Emperour no less than the Earl o● Worcester did the French King : so cunningly binding him , that he understood nothing of our Affairs ; and yet so narrowly si●ting him , that we knew all his Intrigues . Visible was all the world to our State then , and invisible our State to all the world . From Germany he is sent with Richard Sampson , D. H. to Spain , to set Charles as forward against the French , as he had done Maximilian . His service advanced him to the honour of a Barony and a * Viscountship , and the profit of the Treasureship of the Houshold ; and his success upon the Malecontent Duke of Bourbon by Sir Io. Russel , who treated with him in Disguise , set him as high in the Kings favour , as his Wife was ; a virtuous Lady , that was the Kings Friend , but not his Mistriss ; his delight , and not his sin . In Spain so earnestly did our Sir Thomas mediate ●or the delivering up of the French Hostages , that ( as Sandoval saith ) Charles protested to him , that for his sake onl● he would relinquish his Demand for the restitution of Burgundy , in which the difficulty of the peace consisted : adding further , That for the same reason he would accept as well for Francis his two sons ransome , as his charge , what was freely offered , viz. 2000000 Crowns : and he with Sir Robert Poyntz make up that treaty , the great Arbi●rators of Europe ! at whose disposal Kings set their Crowns , and Kingdoms their Peace ; in whose breast fate the fate of Christendome , by their voices to stand or fall . As faithful is he to the King at home , though to his own prejudice , as he is serviceable abroad , to his honour : for when the people talked oddly out of envy to his Daughter , ( now visibly in favour ) and pi●y to Q●een Katherine , Sir Thomas adviseth his Majesty to ●orbid his Daughter the Court , and declare that those proceedings ●ere more to satisfie his Conscience , and secure Succession , than to gratifie any other more private respect : so far to his Daughters discontent , that she would not come near the King until her Father was commanded ( not without threats ) to bring her thither ; who by representing the common danger to them both , obtained at length ( saith my Lord Herbert ) though not without much difficulty , the cons●●t of his unwilling Daughter to return : where yet she kept that distance , that the King might easily perceive how sensible she was of her late dismission . Sir Thomas would have married her to the Lord Percy , but the King and Cardinal forbad it ; deterrin old Northumberland from it , and he his Son. Many Love-Letters between King Henry and Anne Bolen are sent to Rome : one Letter be●w●en the Cardinal and his Confede●ates is fetched thence by Sir Thomas his Dexterity ; who advised Sir Francis Bryan , then Resident , to get in with the Popes Closet-keepers Courtezan , and shew her the Cardinals hand , by which she might find out and copy his Expresses ; as she did to his ruine , and our King 's great satisfaction . To which Letter is annexed a Declaration under his hand , and the Lords Darcy , Mountjoy , Dorset , and Nor●olk , of 44 Articles against the great Cardinal . His hand being now in , he must through : He adviseth the King to consult the Universities of Christendome : He goeth in person when made Earl of Wiltshire to the Pope , and contrives that a Declaration of the whole Kingdome in Parliament should follow him : which so amused his Holiness with our Earls stratagems , that he was asleep as it were until the state of England was quite altered . To this he adds the peace with France , and the interview with King Francis , where his Daughter is married privately , and her Brother made Yiscount Rochford . Convening a Parliament to his mind at Black-Fryers , and advancing an Arch-bishop to his purpose in Canterbury , he is secure of the Church and of the Kingdom ; whereof the first hallowed the action , & the second confirmed it . I say nothing of the bird , the egge is bad , and left by the hard hearted and Orstredg posterity in the Sand : thinking it more engenuous to confess that the scandal of it is not to be answered , than to bustle and keep a coil , and twist new errors with old , falling to Scylla for fear of Charybdis , for fear of the absurditie● that dropped from that first one as thick as Sampsons Enemies heaps upon heaps . Observations on the Life of Sir Edward Howard . HE set out with his Fathers Reputation , and came home with his own : Britain feels his Arm to this day . and the French his success . Desperate were his Undertakings , yet happy ; rash his Engagements , yet honourable ; it being his Maxime , That never did Sea-man good , that was not resolute to a degree of madness . The French Fleet he pursueth to the Haven under their own Forts closely . Sir Edward considering the order wherein the French lay , thought fit to advertise his King and Master thereof ; advising him withal , ( saith my Author ) to come in person , and have the glory of this Action : but the Kings Council taking this Message into consideration , and conceiving that it was not altogether fear , ( as was thought ) but stratagem and cunning that made the French thus attend their advantage , thought the King was not invited so much to the honour , as to the danger of this Action ; therefore they write sharply to him again , commanding him to do his duty : whereof that brave person was so sensible , that he landed 1500 men in the sight of 10000 , and wasted the Country , until being too confident , he fell a while after into his Enemies hands ; the Lord Ferrers , Sir Thomas Cheyney , Sir Richard Cornwal , and Sir Iohn Wallop looking on , but not able to relieve him . Four Reasons he would usually give against a War with the Low-Countries : 1. The decay of Trade : 2. The Diminution of Customs . 3. The strengthening of France : 4. The loss of their industry and inventions , and so of the improvement of our Commodities & Manufactures . In the youth of this State , as of all others , Arms did flourish ; in the Middle-gate of it , Learning ; and in the Declining , ( as Covetousness and Thrift attend Old Age ) Mechanick Arts and Merchandize : and this Gentleman was made for each part , being not so much a Souldier as a Scholar , nor so much a Scholar as a Merchant . But a private spirit is most unfortunate ; and ( as my Oracle assures me ) whereas men of that temper all their time sacrifice to themselves , they become in the end themselves sacrifices to fortune , whose wings they thought by their wisdome to have pinioned . Observations on the life of Sir Thomas Howard Earl of Surrey . SIr Thomas Howard was this Kings prime Counsellour ; a brave and an understanding man : who was obliged to be faithful to his Master , because an Enemy to Winchester : ( emulation among Favourites is the security of Princes . ) Four motives he offered for a Marriage with the Princess Katharine : 1. A League with Spain , against the growing power of our dangerous Neighbour France . 2. The saving of much time and expense in Marriage , by her being here . 3. The consideration of that vast sum of Money that must be exported if she goeth away . And 4. The great Obligation laid on the Pope by that Dispensation , which would secure to him the King aud his Posterity , not otherwise Legitimate but by his Authority . His Estate was much wasted in the service of Henry the seventh , and as much improved by the treasures of Henry the eighth , which amounted in the beginning of his Reign to 1800000 l. i. e. at the rate of money now adays , six millions and an half ; which he dispensed so thriftily , that old Winchester could not trapan him ; and yet so nobly , that young Henry was pleased with him . Sir William Compton set up the King's * Rich Life-guards , ( under Bourchier Earl of Essex as Captain , and the valiant Sir Io. Peachy who kept Calais in so good order with 300 men , as Lieutenant ) but this wary Earl put them down again . When News was brought that Empson and Dudley were slain , it was the Earls opinion that his Majesty had done more like a good King than a good Master . When the narrow Seas ( whereof the Kings of England have been very tender ) were infested , this old Treasurer and Earl-Marshal cleared it by his two sons Edward and Thomas , saying , The King of England should not be imprisoned in his Kingdome , while either he had an Estate to set up a Ship , or a son to command it . In three weeks did he settle th● North against the Invasions of Iames the fourth , now inclining in to the Feench ; and in a fortnight did he raise 40000 l. to pay the Army , now ready to mutiny : insomuch , that when King Iames denounced War against King Henry , he said , He had an Earl in the North that would secure his Kingdome ; as he did with much resolution , prudence , and success at Flodden-Field , where he saw a King at his feet , and a whole Kingdome at his mercy ; where he was forced to fight , so barren the Country , ( una salus victis nullam sperare salutem ! ) where yet he pitched upon the most advantageous place and time ; so great his Command of himself , and so noble his Conduct ! He sends Rouge Croix to the Scotch King , to tell him , That though he saw no Enemy at Sea , he hoped to find some upon the Land : That he came to justifie Bretons death , which it was as much below a King to revenge , as it was below a Privy Counsellour to have deserved : That he expected as little mercy as he intended ; his sword being commissioned to spare none but the King , whom no hand must touch . To this Defiance , he added a Caution to the Herauld , That he should bring no messenger from the Enemy nearer than two miles of the Camp. So well were the Scots encamped , that when neither Arguments nor Stratagems would draw them out , the Earl cuts off their provision there ; and under the covert of a smoak got the Earl under the hill , and under another of mist got they atop : The Scots played the men , until Stanley and Darcy did more than men : and the old mans Reserve concluded the doubtful day in so c●mpleat a Conquest , as brought 12000 Arms , 16 Cannons , 4000 Prisoners , and a Peace to the English Borders . Upon which , the General retires to those more necessary exercise● of Justice and Government , until his Masters return : When all his Services advanced him ( at that time , when it was ● Maxime of State , That Honours are the Lustre and Security of Crowns ) to his Fath●rs Dukedom of Norfolk , as his Sons Merits promoted him to his of the Earldom of Surrey . The Kings Coffers decay , and his Occasions grow : The old man retires to his Country-house , having enjoyed his Honour Thirty years , to enjoy Himself Three : One of his last Undertakings being the appeasing of the London Tumults , May 1. 1517. when he left this behind him , A potent and wanton City , is a shrewd Enemy . Observations on the Life of Sir William Compton . HE was chief Gentleman of the Bedchamber to Henry the Eighth , and next to the chief in the affections of the same Prince : If his spirit had been as even with his favour , as his favour was with his Merits , he had been the most useful as well as the most eminent man in England : but he was too narrow for his Fortune , and more attentive to his private advantage , than to the publick affairs : This Saying is at once his History and Monument ; Kings must hear all , but believe only one : for none can give a solid advice but he that knoweth all , and he must not be every body . As to the affairs of Europe ● S● William was clearly for the League against France as an opportunity to regain our Right in France and strenghthen our Interest in the Church & th● Empire . My Lord Darcy was against it ; becau●● France was too hard for us before it swallowed u● our a Confederates , and much more since : advising some mo●e noble attempts for our just Empir● upon the Indies . The young King is for a Wa● with France , a● an Engagement upon the Pope t● advance England above all other Kingdoms ; an● declares himself as much Sir William's in opinio● as he was his in affection . This Gentleman had a deep insight in any thin● he undertook , because he had a great patience t● consider , an advantageous slowness to recollect , ● strong memory to grasp , and an indifferent tempe● to judge : but when a matter exceeded his capaci●ty , or out-reached his sphere and orb , he had ei●ther a peremptory and great word to urge it , or ● sleight to wave it , or a subtlety to perplex it , ( tha● his amazed fellow-Commissioners should as littl● unde●stand it ) or a countenance and ge●ture too verbear it . However , in general he was close an● reserved , ( he had need go softly that cannot we● see ) leaving himself without observation or hol● to be taken what he was . He studied the King nature , rather than his bu●iness ; and humoure● rather than advised him . The referring of all t● a man , becomes a Prince , whose self is not him●self , but the community , ( their good and evil be●ing ( as my Lord Bacon writes ) at the peril of ● publick fortune ) but not a subject , whose privat● advantage may be a publick ruine ; not a Favou●rite , whose benefit by that selfishness may be narrow as his own Fortune , but the hurt done by it is as large as his Masters , who must needs be undone , when his servants study to please Him , and to profit Themselves . Observations on the Life of Sir Henry Marney . SIr Henry Marney was one of young Henry's first Council , who loved his Peson well , and his Prospericy better ; and impartially advised him for his good , and modestly contested with him against his harm ; that Council that was hand as well as head , and could perform as well as advise : This was the searching Judgement that discovered Buonviso the Lucchess his Letters to the French King , betraying our designs as soon as thought on , and instructing him for prevention , before our King was ready for the attempt . Industry and Thrift over-rules Princes : This Personage had no time to transcribe Intelligence , but what he borrowed from his sleep ; nor money to buy it , but what he saved out of his allowance : yet he understood more than any one Prince of Europe , and was more consulted than any one Statesman . His Judgment was much valued , his Integrity more ; ever offering what was solidly safe , rather than what was superficially plausible : as one who was a stranger to the wisdome of the latter Age , ( as Sir Francis Bacon describes it ) which is rather fine Deliveries and shifts from Inconveniences , than solid and grounded courses for advantage . His foresight was large , and his spirit larger : he considered all Circumstances that occurred to him ; judged what he considered , and spoke what he judged with that resolution as to his opinion , that argued he understood the matter in question ; with that modesty as to his Superiours , that shewed he understood himself . He would say that he that could not with the Cameleon change colour with the Aire he live● in , must with the Cameleon live only upon Aire . Observations on the Life of Sir Edward Poynings . SIr Edward Poynings was the third of eighteen Counsellours bequeathed by Henry the VII . to his Son , with his Kingdom ; a Privy Council wherein there was not one Lawyer ! and a Cabal that never condescended for advice to any below themselves , or for performance of any of their Degrees to any be●ides themselves ; being a compleat Body of active and knowing men in their own Orb. Who more prudent than Surrey ? who more resolved than Poynings ? whose Vigilancy made him Master of the Cinque Ports , as his Valour advanced him General of the Low-Country Forces , whom he led on to several services with such success , and brought off ( with the loss of not above an hundred men ) with Honour from the Lady Margaret , and Applause from the whole Country . No less happy was he in his Government of Tournay , until the Council at home ( now 〈◊〉 thin by the secession of Warham , Fox , 〈◊〉 Norfolk ) had more need of him than Garisons a●road : Vainly is that spirit penned within a City , that was equal to a Kingdom . It is the unhappiness of other Monarchies , that they have not Men answerable to their Employments ; it was the unhappiness of this , that it had not Employment suitable to its Men. He liv'd and di'd in Arms : Bulloign saw him fi●st a Souldier , and Bulloign saw him last the best Camp-Master in all Christendom : always observing three things : 1. The Situation of his Camp to secure his Army . 2. The Accommodation of it , to supply it . 3. His Retreat , to draw off : the Avenues , to be guarded with Souldiers , and strengthened with Re-doubts ; which he made Triangular , that more men might engage the Enemy at once : during erection whe●eof , the Army was pallisado'd in the Front with stakes headed with iron on both ends five foot long , & stuck slope-wise into the ground , to keep off both Horse and Foot : the Foot-Sentinels were without the Redoubts , the Horse-Guards beyond them , at distance enough to descry the Enemy , and not too much , to retire to their works . A serious and plodding brow bespoke this Noble Knights deep Prudence , and a smart look his resolved Valour ; who was a man vastly different in his publick capacity , from what he was in his priv●te employment : Quemquam posse putas mores narrare futuros Dic mihi , si fias tu leo , qualis eris . Observations on the Life of Sir Charles Somerset . SIr Charles Somerset , afterward Lord Herbert of Gower , &c. endeared himself to King H. as much for his Maxime , That Reason of State was Reason of Law ; as for his Advice , That the King should never suck at Law , in case of Publique Good ; and yet that all ●is Acts for publique Good should come as near as possible to the Law. So Popular was this Gentleman , that he received all the Petitions against Empson and Dudley ; yet so loyal , that he advised his Master neither to spare those Leeches , lest any should p●esume to alienate his Peoples affections from him by Extortions for the future ; nor yet too severely to punish them , lest any should be discouraged to serve the Crown for the present : ( for indeed Empson and Dudley suffered for that which others were advanced for ; the Parliament punished them for putting their Laws in execution , and the King deserted them for improving his Exchequer to a Treasury . ) Two things this Lord advised his Master to , before he put the Crown upon his head . 1. To redress the Peoples Grievances under his Father . 2. To marry not in France , where he had a Title : A Kingdom so near us , that by reason of mutual jelousies we may have peace with it sometimes , but Friendships never . In the Houshold he was Lord Chamberlain , so discreet his Carriage ! In the French Expedition , Anno 1513. he was General , so Noble his conduct ! His Assi●stants were the Earls of Northumberland , Shrewsbury , Kent and Wiltshire ; his Followers , the Lord Audley , De la Ware , a Carew and Curson , &c. Therovene he besiegeth in good Order , and with Wolsey's advice , who had lived long in that Town ; understands all the Avenues of it ; a●d with Sir Oughtred , Sir Henry Guilford , Sir Edward Poynings , Sir Charles Brandon and , Sir Alexander Baynam's assistance , sprung several Mines , repulsed the French Relief and the City-Assailants , so that the Town was yielded August 22. 1513. and upon Mazimilian's Intreaty razed as he did Tournay , September 22. Herbert was for razing this place , as farther from us than Therovene ; but Wolsey for the Bishopricks sake , is for the garisoning of it , as a Trophy . The King recollecting his former occasions , Febr. 3. 1514. thought he could not do a more just or a more prudent Act , than recompence his Noble Servants ( but the cheapest way , I mean that of Honour ) as he did old Somerset with the Earldome of Worcester . With this Honour at home , is joyned another abroad , viz. That of Embassie to Maximilian , where he reached that Germans depth● , and clearly demonstrated that those fond and impossible Offers of the Empire , were but Artifices rather than Kindnesses : to drain the Kings Treasure , rather than enlarg his Dominions : Advising him or raise a Citadel at Tournay , and an Army in Normandy : He finished the Espousals between the Princess Mary and the Dolphin ; and delivered Tournay , by the ●ame token that he would not let the Mareschal de Castilion to enter with Banner displayed , but rolled up , it being ( as he said , who when Lord Herbert was at the taking of it ) voluntarily yielded up , and not gotten by Conquest : and then bestowed himself with Sir Richard Wingfield for the great enterview between King Francis and King Henry ; an interview I know not whether more solemn or more dangerous : Kings cannot meet without great state , and they seldom part without much envy ; who never are further asunder than when they meet , His most eminent Action here , was the Device of that Motto , Cui adhareo , praee●t ; a Motto that speaks the Honour of England , and the Interest of Europe . The Arbitrators commanding both the parties , submitting ●o their Arbitration for two Cities in Italy , contending about their bounds , chose the People of Room to be their Arbitrators ; they gave either City a small pittance , and reserved all the rest to themselves ; Quod in medio est Populo Romano adjudicetur . Observations on the Life of Thomas Grey Marquess of Dors●t . THe Kings Wars called for Souldiers , and his Peace for Statesmen ; and here is a Person ex utroque magnus : When the whole design ●for ●he Invasion of France was ripened , this Marquess ●s made General , and attended by the Lord Thomas Howard , the Lords Brook , Willoughby , and Fer●ers , with divers Knights , Gentlemen , and others ●o the number of ten thousand men , armed not only with Bows , but Halber●s : He distresseth Navar to a submission to his Master ; forceth his way to Bayon , and with Sir Iohn Styles assistance , kept up the English Honour above that of France and the Empire , keeping close to his Commission , and not stirring a foot without exp●ess Orders from Ireland : Although his pre●ence countenanced some Actions his hands could not perform . Three things he was very careful of . 1 Of Good Pay , lest his Souldiers m●●ined . 2. Of Good Diet aud Qu●rters , lest they failed . 3. Of Order , Discipline , and Temperanc● , especia●ly in strange Climates , lest they should be distempered . Two things he was unsuccessful for : 1. The narrowness of his Commission . 2. The reach of Ferdinand , who designed the Conquest of Navar , rather than of France . Yet what reputation he lost by Land , Sir Edward Howard gained by Sea , commanding the French ships to their Harbours : Over-running Britain , and with Sir Tho. Knevet the Master of the Horse , Sir Iohn Carew , and Sir Henry Guilford's assistance he gave Law in the Mediterranean , until he awed the Neighbour-Princes to terms as honourable for his Master , as dishounorable for themselves : Now we find him valiant in earnest at Sea , anon so in jest at C●urt ( at the solemn Justs proclaimed by Francis de Valois , Duke of Angoulesm in France ) his Nature being not s●inted , buy equally free to debo●ar and serious Enterprises of Pleasure or of Honour ; where six Germans were at his mercy , and four Frenchmen at his feet . His spirit equalled those active times , and his temper his spirit . Three things set him up 1. His large expenses for shew at Court. 2. His strength and manhood at Justs . 3. His skill and experience in the Field . He was the best for embattelling an Army in those times : Observing 1. The number , strength , and experience of hih Camp. 2. The Nature and extent of the place , whether Champain or inclosed , hilly or plain , wooddy or moorish , straight or large ; that he might accordingly di●pose of distances and stands . 3. Inclosure● he aimed at for his Foot , and Champain for his Horse , together with the advantages of Wind and Sun. 4. He impales the Flank and Reer with Muskets , Pikes , aud Carriages . 5. His Divisions wer● sundry , but well ordered to relieve one another : His main Battels three : the largest in the front , the next in the middle , with some spaces between for the fi●st to rally it self , or embody with the second ; the third and strongest in the Rear , so divided that the two first Battels may retreat into it , and draw up in it's rear to watch the Enemies disorder in pursuit . It 's observed of the Turks , that they n●ver put their Ianizaries ( thir best Souldiers ) in the Front , but make use of them for Reserves , by which they have been very succesful : This Noble Marquess went not by rote or fore-conceived ●ules , but by present Prudence , observing time , ●lace , and persons ; neither would he lie open to ●n Enemies design by a constant Method , but alter ●is Stratagems , and contradict all the Rules of Discipline , to disorder the Enemy , and disappoint ●is expectation . He hath somtimes compounded the wings of his Battle of ablest men , and the Battle it self of the meanest ; ordering them , if overpowred , to make make their retreat to the Rear of the other Divi●ions , through the spaces appointed for that end ; which the Enemy perceiving , followeth ( not smel●ng the drift ) not without disorder , as in all pursuits ) between the two strong wings , who crush them in pieces : His Field-Piec●s after once or twice discharging , were drawn within the Divisions of the main Battle , to f●●e the Enemy at his next approaches if the Front were disordered : And to avoid the execution of hi● Enemies , his files were thin , and his Dragoons ready to seize theirs , whereby at least they were hinderd from shooting ; his Forlorn retired to the main Battel , and out of the Flanks thereof issued with Fire-pots and Granadoes upon the engaged Enemy . His Horse were in four Battalia's , whereof the first was the greatest , lined with shot , placed on each wing of the main Army ; ways opening upon the opening of the Enemy . The greatest trust between man and man , is the trust of giving Counsel : For in other confidences ( saith my Lord Bacon ) men commit the parts of life , their Lands , their Goods , their Children , their Credit , some particular affair ; but to such as they make their Counsellours , they commit the whole , by how much the more they are obliged to faithfulness and integrity . None was more trusted than the Marquess , none more trusty : None understood clearer what was fit , none spoke plainer what he understood . What wants a Sovereign ? ( said a flattering Crurtier ) Truth ; ( said a serious King ) Never had King more need of it than Henry , never less of it than he ; whom it was less fatal to Ruing , than to Displease . But this Souldier was as much above feare as Flattery , that told him when pensive , That never was that man merry , that had more than one Woman in his Bed , more than one Friend in his Bosom , more than one Faith in his Heart . So wa●y was this Gentleman , that he was not rash , and so lost his advantage ; so valiant , that he was not contemptible , and so Lost his command : He led others by the strongest authority of his own forwardness , his own example ; he was led himself by the best Guide , his own Observation , his own Experience : His Book limited not his Design , nor his Paper-plot his Undertakings . Land-service was his Exerci●e , but the Sea his Delight : The Compass his Study , the Stars his Care , Trade his Thoughts , our own and ●orein Havens his Discour●e , a Sea-man his Familiar , and three Sea-fights his T●iumph : His converse and speech was Souldier-like , plain , short , smart and material : There was a time when he would say noth●ng , and a time when he would say somthing ; but ●e●er a time when he would say all . He was in a word the happy man , who , notwithstanding that the times could not endure his Virtues , nor he their Vices , died at once full of hohonour at Court , and applause in the Country , with this Monument from the King , That Honest and Good Man. Observations on the Life of Sir Robert Wingfield . HIs Parts and Person endea●ed him to the English Court , his Travel and Experience recommended him to Forein Negotiations particula●ly in the Emperour Maximilians Court whom his arguments and his own Interest drew off from France ; Sir Robert helping him to some Observations touching the breach of the Article of Cambray , as his pretense to this alteration , and offering him what men and money he pleased , as his encouragement to this undertaking : Sending in the mean time one Nicolas West , D. L. and Dean of Windsor , to feel the Pulse of all the Princes in Christendome ; and advising , upon an entire reflection on their several Interests , the repair of our frontier Towns and Forts , an Army ready in the North , and a constant Parliament . He is Deputy of Calice , and Viceroy of France : What the French lost in the Fie●d , they got by Treaty , until Sir Richard's time , whose Policy went as far as his Masters Power , in that Accord , Which tyed up ( they said ) the French Kings hands behind his back , and the Scotch between his legs . Yea , he almost perswaded Maximilian out of his Empire , 1615. though he wished the King not to accept of until the French were out of Italy . Some do bett● by Friends or Letters , Sir Robert best by himsel● observing that he never failed , but when he i●●trusted others with what he could do himself ; h●● person breeding regard , and his eye seeing mor● than any he could employ ; and his present min● being more ready in his own affairs upon any a●●teration to come on , draw back , or otherwise ac●comodate matters , than any Substitute , who see●● not the bottom of things , nor turn to occasions● He had about him his Blades and Gallants , to ex●postulate ; his Orators and fair-spoken-men , t● perswade ; his close and subtile ones , to enqui●● and observe ; his froward men , to perplex ; an● his plain Agents , to report : Attendants for al● services , whose experience made them knowing and confident . Doctor West , Pace , Lee , and Gardener's way was the Circuit afar off ; Sir Robert's was the Surprize , quick and nicked , No man observing time more closely ; no man watching Natures tempers , interests advantages and ends more inde●atigably . It was the observation of those dayes , That Sir Robert Wingfield was the best to prepare and ripen Designs , and Sir Thomas Bolen to execute them : But that Age was two boysterous , and he too wary to advance beyond the reputation of a knowing Agent , in which c●pacity he lived ; or of a resolved Patriot , with which honour he dieth . Observations on the Life of Edward Stafford , Duke of Buckingham . HIs Blood was high , his Revenue large ; and he was born to adorn the Court , rather than to serve it . He vied with the King in Gallantry , and with the Cardinal in Pride : of the one he speaks irreverently , That Women governed him more than he did the Kingdome ; of the other indiscreetly , That Francis governed France , and Harry England , and Wolsey both ; adding , That the Commonalty might well complain , when we had two Kings to maintain . That which ruineth the world , ruineth him , his Tongue . Fate never undid a man without his own indiscretion ; and her first stroke is at the Head. Abroad , none more Gorgeous ; at Home , none more Noble : at Court , splendid ; among his Tenants , Prince-like ; to his Relations , impartial . A Servant always pulled down the house of the Staffords ; and now one Knevet his Steward , whom he had discharged for oppressing his Tenants , undoeth him : for his Father in-law the Earl of Northumbe●land is set under a Cloud , and his Son-in-law the Earl of Surrey is removed , on pretense of honourable employment , out of the way ; and Wolsey's malice at the Duke hath its full scope , who now deals with Knevets discontent to discover his Masters life , and suggest that the Duke by way of discourse was wont to say how he meant to use the matter , that if King Henry died without issue , he would attain the Crown , and punish the Cardinal . George Nevil Lord Abergavenny his Son-in-law , impeached him , to save him●elf . His Title to the Crown was , his Descent from Anne Plantagenet , Daughter of Thomas of Wood●tock , Son to Edward the third . His Accusation was , 1. That he had conferred with a Cunning Man , ( Hopkins , Monk of Henton ) concerning the future state of this Realm ; who advised him to Popularity : for he should have all , if he had but the love of the People : the Wizard confirming this by Revolutions , and the Duke rewarding it with great encouragment . 2. That he disparaged the present Government , and used Arts to secure the succession . 3. That he had threatned King Henry with the same D●gger that should have murthered Richard the third . He denied the Charge very eloquently , and disclaimed his Life very rashly ; his foolish words , rather than any designed malice , deserving rather pity then judgement . Much lamented was he by the People , and as much was the Cardinal maliced , being now called by the whole multitude , The Butchers Son. When Buckingham fell , three things fell with him : 1. The Splendour of the Court. 2. Hospitality , and good Landlords in the Country . And , 3. The High-Constableship of England . All Greatness is subject to Envy ; but none more than that which is insolent and affected , being never its self without its pomp and shew . Plain and modest Greatness is only safe : A Witch then blasts a man when most prosperous , and the Envious ( the onely Wizard in the world ) when most glorious . Wise men therefore have eclipsed themselves , that they might not be gazed on ; and great Ones have shrunk , and suffered themselves to be ove●-born , to be secure . Vain-glorious men are the scorn of the Wise , the admiration o● Fools , the Idols of Parasites , and the envy of the Unworthy , the Busie , the Unfortunate , the Ambitious , and the Rivals . He lives well , that lives in peace ; and he is safely g●eat , that is great in his Conscience . Anger sure is but a weakness in any man , ( it belongeth so much to the Aged and the Childish ) and an indecency in a Noble●man : yet it might have been a Gallantry in this Duke , had it no● , 1. Revealed secrets , and so betrayed him ; And , 2. Spoke bitterly and dangerously , and so abused him . So far will Discontent carry Nature , that it easily believes what it wisheth : So much doth a Prophetick Vanity sway English-men , ( that have the most of men of any in the world in Divinations , and an itch to know things to come ) that the wittiest Sir Thomas More , the most devout Bishop Fisher , the wisest Cardinal Wolsey , and the most Noble the Duke of Buckingham , have been undone by hearkening after P●edictions ; the two first , of Elizabeth Barton ; the third , of Iohn Sacheveril ; and the fou●th , Monk Hopkins . Always are these Divinations ( like the Ast●ologers in Rome ) by seve●e Laws forbidden ; yet alw●ys a●e they by vain persons obtruded . Many Wives , wo England ! hardned many a Male-content to his ruine in King Henry the eighth's time : When HEMPE is spun , England is done , encouraged many a Papi●t to his undoing in Queen Elizabeths time : Leo , Nullus , confirmed many a deluded soul to hi● downfal in our days . It was as fatal to this great man to trust his Steward , as his Wizard ; the one deluded , the other betrayed him . It undoeth a man to be too close ; therefo●e we have f●iends to ease our selves : it ruineth a man to be too open ; therefore there is a secret not to be communicated to a friend . When the Duke of Buckingham made Knevet his Confessour , he made him his Master . He that is Master of my Heart , is Master of my Life : If my Shirt , said Metellus , knew my minde , I would burn it . If my Servant or Friend knows my intentions , I must either undo him , o● be undone by him , unless he be so much above a man , as not out of weakness to discover me ; or so much above a sinner , as not out of corruption to betray me . Wild Beasts dwell in Dens , Fishes be in Mu● , and Birds in Nests , and a Wise Man is wrapped up in security . Gyges hi● Ring was his wi●dome , whereby he unde●stood others , and was reserved himself . It 's pity he ever learned to speak , that knoweth not how to be silent . I would first be so wise , ( s●ith a Wit and Wi●dome of our Ag● ) as to be my own Counsellour , and next so secret as to be my own Counsel-keeper . Some of my Servants may be of my Bed-chamber , but none shall be of my closet . Before I told you of this , ( saith Charles the Fifth of a Designe discovered upon the seventeen Province● to his Favourite Lunembergh ) I was Emperour , but now you are so . But the heighth of the Dukes ●p●●it was equally unfortunate with the openness of it ; and he fell no less because he despi●ed Knevet , than because he trusted him . Contemned Dangers ruine surely , while ●hey su●prize us at once naked , and carele●s ; as ill prepared to offend the slighted Adversary , as to defend our misunderstood Selves . The least Beings have their ●pleen , and command our caution : No creature too mean to be mischievous ; none too inconsiderate to be feared . As long as Weakness can cling to Power , and Power to Malice , what Knevet would , but could not , that Wolsey could and would . If my Enemy be strong , he shall awe ; if weak , he shall guard my Life . Two things are necessary in this Life , Faithful Friends , or Severe Enemies : T●e fewer of the former men of the Dukes fortune have , the more use they should make of the latter . The greatest Enemy , when observed , may do me a great kindness ; the least neglected , can do no little mischief : Security is the only misfortune , and Carelessness the only fate that distresseth the World. But the Duke threw away his life in a fatal word that could not be recalled , ( I 'le not ask the King for my Life . ) Great need have we to guard that Tongue , whence flow the issues of Li●e and Death ; and weigh those words that go abroad for the measure of our Weal or Wo ; our words being given us to treat with the World about either , discreetly to our happiness , or weakly to our ruine . It hath repented men that they have spoken at all times ; it repented none to have been silent in King Henry's , when there was no security but to the Reserved , and the Pliable . Dionysius the Tyrant , seeing one knocked down at one blow , said to his f●iends ; what a folly is it to quit so fair a command for fear of dying , which lasts , no longer a space ! Observations on the Life of Sir Anthony Brown. HE was always one of the Council to King Hen●y at home , and of his Commissioners abroad : no Treaty passing without his presence , no Negotiation without his advice ; the first carrying as much Majesty with it , as the second did Authority : the Court having bred the one to a noble Mein , as Experience had done the other to an Oracle ; Experience , I say , whereby he saw more , as Alexander boasted , with his eye , than others comprehended in their thoughts ; that being knowledge in him , that was but conjecture in others . He was the best Compound in the World ; a learned , an honest , and a travelled man ; a good Nature , a large Soul , and a settled Mind , made up of Notes and Observations upon the most material points of State he could learn at Courts ; of Religion , among the Clergy ; of Discipline , among Souldiers ; of Trade , among Merchants ; or of the situation , interest , avenues and strong holds , by his own eyes . It 's a pleasure to stand upon the shore , and to see ships tost upon the Sea ; it 's pleasure to stand in the window of a Castle , and to see a Battel , with the adventures thereof below : but no pleasure is comparable to the standing upon the Vantground of Truth : ( an Hill saith my Noble Author ) not to be commanded , and where the air is always clear and serene ; ) and to see the Errors and Wandrings , the Mists and Tempests in the Vale below : That content is better felt than expressed that this Noble Person took in his own clear thoughts , when it was Mist all round about him ; and King Henry cried , What say Cromwel and Brown ? Vespasian asked Apollonius , What was Nero's overthrow ? and he answered him , Nero could tune the Harp well ; but in Government sometimes he wound the pins too high , and sometimes he let them down too low . Sir Anthony told Henry the Eighth , That his Government had been more easie , if he had either set it not so lose at first , or not so strict at last ; ( as there was indeed no King so various as his Master , no State so changeable as his Government . ) An even temper begets awe and reverence ; whilst the wide extreams create either on the one hand contempt and insolence , or on the other discontent and murmuring . Haughty and violent Courts never bless the Owners with a settled Peace . This deep man was Leiger in Rome six years , and Agent in France ten : A person of great dispatch , because of an orderly method and procedure ; which he observed to a superstition , saying , Time and Method are my Masters . There are ( saith my Oracle ) three parts of business ; Preparation , Debate , and Perfection : The middle King Henry comunicated to the whole Council , the first and last to few , viz. to my Lord Cromwel and Sir Anthony Brown. The highest matters were his care ; as the Interview in France , 1533. the most eminent Statesmen his fellows , as the Duke of Norfolk , the Lord Rochford and the Lord Paulet ; tho●e Noble Persons bearing the state , and he managing the business of the Embassies . The wise man of Florence took care that Ferdinando of Naples , Medices of Florence , Sforza of Millain shou●d gain nothing of one another , to the g●eat secu●ity of Italy : Sir Anthony watched our Neighbours Conquest● , Trade , Approaches , &c. so closely , that none of those Potentates , Charles the Fifth , or King Francis , could win a spot of Ground , but his Master would balance it , and so secure Europe . The Interviews between Princes he disallowed ; yet to satisfie his Master , he provided for that in France so sumptuously , as one that understood the fo●mality of a Pageant was a real advantage to a Government whose Interest is as much to gain a reputation by pomp and shew , as support a welfare by prudence and strength : others apprehension of our greatness , contributing as much to our welfare , as our welfare it self : Opinion governs the World : Princes with their Majesty , may be o●t envied and ha●ed ; without it , they are always scorned and contemned : Circumstances are often more than the main , and shadows are not always shadows : Outward Esteem to a great Person , is as skin to Fruit , which though a thin cover , preserveth it : King Henry's Person and State did England more Right in a Year , than his Predecessors Arms in an Age ; while they onely impressed a resolution in the Neighbours , he a reverence . As the Reason of man corr●cting of his sense about the m●gnitude and distance o● heavenly bodies , is an argument that he hath an Inorganical , Immaterial , Impassible , and Immortal soul ; so this Gentlemans Conscience often reflecting upon his policy , about the Circumstances of many of his actions , was an argument that he was ●uled by holy , serious , and heavenly Principles : One effect whereof , was , that he desired rather the admonishing paines of a lingring death , than the favourable ease of a quick one , he reckoning it not an effect of cruelty , but a design of mercy , that he should dye so , ut sentiat se mori ; and he looked on nothing as so great a snare to his thoughts as the opinion of Origen , and some othe●s called merciful Doctors , who did indeavour to possess the Church with their opinion of an universal restitution of all Creatures to their pristine Estate , after sufficient purgation ; or any thing more a temptation to other mens souls , than the Blasphemy of some , making God the Author of good and evil , so much worse than the Manichees or Marcionites , as they held it not of their good God , whom they called Light ; but of their bad God whom they called Darkness . As Princes govern the People , so Reason of State the Princes : Spain at that time would command the Sea , to keep us from the Indies ; and our Religion , to keep us from a Settlement : France suspected our Neighbourhood , and engaged Scotland ; the Pope undermined our Designs , and obliged the French. Sir Anthony at Rome , in respectful terms , and under Protestation that his Majesty intended no contempt of the See Apostolick , or Holy Church , intimated his Masters Appeal to the next General Council lawfully assembled ; exhibiting also the Authentick Instruments of the same , and the Archbishop of Canterbury's at the Consistory , where , though the Pope made forty French Cardinals , yet our Agent and his money made twelve English , and taught Francis to assume the power of disposing Monasteries and Benefices , as King Henry had done ; advising him to inform his Subjects clearly of his proceedings , and unite with the Princes of the Reformation , taking his Parliament and People along with him , and by their advice cutting off the Appeals to and Revenues of Rome , by visitations , &c. with a Praemunire , together with the Oath of Supremacy , and the publication of the prohibited Degrees of Marriages : He added in his Expresses , That his Majesty should by disguised Envoys divide between the Princes and the Empire . The next sight we have of him is in Scotland ; the French Kings passage to England , ( as he calls it : ) Where in joynt Commission with the Earl of Southampton , and the Bishop of Durham , he with his variety of Instructions gained time until the French King was embroyled at home , the season of Action was over there , and the Duke of Norfolk ready to force that with a War , which could not be gained by Treaty . Fortune is like the Market , where many times if you can stay a little , the Price will fall : The ripeness and unripeness of the Occasion must be well weighed : Watch the ●eginning of an Action , and then speed ! Two ●hings make a compleat Polititian , Secresie in Councel , and Celerity in Execution . But our Knights Prudence was not a heavy Wariness , or a dull caution , as appears by his preferment at Court , where he is Master of the Horse ; and his service in the North , where he and the Comptroller Sir Anthony Gage are in the head of 10000 men : In both these places his excellence was more in chusing his Officers and Followers , than in acting himself : His servants were modest and sober , troubling him with nothing but his business , and expecting no higher conditions , than countenance , protection , and recommendation ; and his Retainers peaceable , reserved , close , plain , and hopeful : the deserving Souldier and the promising were seen often at his gate , not in throngs , to avoid popularity : Equal was his favour , that none might be insolent , and none discontented ; yet so di●creetly dispensed , as made the Preferred faithful , and the Expectants officious . To be ruled by one , is soft and obnoxious ; by many , troublesome : to be advised by few , as he was , is safe : because ( as he said in some things out of his element ) the Vale best discovereth the Hill. Although he understood not the main matter of War , yet he knew many of its falls and incidents ; his prudence being as able to lay a stratagem , as others experience was to embattail an Army . Sir Thomas Wharton Warden of the Marches he commands with 300 men behind an Ambush , whither he draws the rash Scots , and overthroweth them more with the surprize than his power , taking the Lord Admiral Maxwel , &c. who was committed to his custody ; and putting that King to so deep a melancholy , that he died upon it . His death suggests new counsels , and Sir Anthony watcheth in Scotland to gain hi● Daughter for our P●ince , or at least to prevent the French , whom Sir Wil●iam Paget watcheth there , as Sir Ralph Sadler did in Rome , and Sir Iohn Wall●p at Calais : and when that Kings design was discovered , we find our Knight with Charles Duke of Suffolk , Lieutenant-General ; Henry Fitz-Alan , Earl of Arundel , Lord General ; Will. Paulet , Lord St. Iohn , Stephen Bishop of Winchester , with a rich and strong Army , expecting the King before Montrevil , ( wh●ch they took with Boulogn ) and forcing the French to a Peace and Submission that secured England , and setled Europe . Three things facilitate all things : 1. Knowledg , 2. Temper , 3. Time. Knowledge our Knight had either of his own or others , whom he commanded in what ever he went about , laying the ground of matters always down in writing , and debating them with his friends , before he declared himself in Council . A temperance he had , that kept him out of the reach of others , and brought others within his . Time he took , always driving , never being driven by his business ; which is rather a huddle , than a performance , when in haste : there was something that all admired , and which was more , something that all were pleased with , in this mans action . The times were dark , his carriage so too : the Waves were boysterous , but he the solid Rock , or the well-guided Ship that could go with the Tide . He mastered his own passion , and others too , and both by Time and Opportunity ; therefore he died with that peace the State wanted , and with that universal repute the States-men of those troublesome times enjoyed not . By King Henry's Will he got a Legacy of 300 l. for his former Service ; and the Honour to be of Prince EDWARD's special Council for the future . By his Order he had , as his share of Abbey-Lands , Battle-Abbey in Sussex , enjoyed by his Heirs Males in a direct Line to this day : And by his Authority he had the Honourable Garter . He was the fi●st man that durst bring his Master the sad news , That He must die : And no wonder he durst do it , for the next news is , That he is dead himself . How darest thou to be so plain ? said Heliogabalus to the Courtier : Because I dare die , said he : I can but die , if I am Faithful ; and I must die , though I Flatter . T●is Gentlemans humour of crossing present proceedings , was prettily reproved by King Hen. the Eighth's little story of a poor Woman drowned by mischance , whose dead body , whilst her Neighbours sought for down the River ; her Husband who knew her condition better than they , advised them to seek up the River ; for all her life long she loved to be contrary to all others , and he presumed she would swim against the stream being dead . The End of the Obse●vations upon the Lives of the Statesmen and Favourites of England , in the Reign of King Henry the Eighth . THE STATES-MEN and FAVOURITES OF ENGLAND , IN The Reign of King Edward the VI. Observations on the Lives of the Seymours . EDward Seymour and Thomas Seymour , both Sons of Sir John Seymour of Wolful in Wiltshire . I joyn them together , because whilst they were united in affection , they were invincible ; but when divided , easily overthrown by their Enemies . EDward Duke of Somerset , Lord Protector and Treasurer of England , being the elder Brother , succeeded to a fair Paternal inheritance He was a valiant Souldier for Land-service , fortunate , and generally beloved by Martial Men. He was of an open nature , free from jealousie and dissembling , affable to all people . He married Anne , Daughter to Sir Edward Stanhop , a Lady of a high mind , and haughty undaunted spirit . THOMAS SEYMOUR the Younger brother , was made BARON of Sudley ; and , by Offices and the favours of his Nephew , King Edward the sixth , obtained a great Estate . He was well experienced in Sea-Affairs , and made Lord Admiral of England . He lay at a close postu●e , being of a reserved nature , and more cunning in his carriage . He married Queen Katherine P●rr , the Widow of King Henry 8. Very great the Animosities betwixt their Wives ; the Dutchess refusing to bear the Queens Train● and in effect justled with her for precedence : se that what betwixt the Train of the Queen . and lon● Gown of the Dutchess , they raised so much dust at the Court , as at last put out the eyes of both their Husbands , and occasioned their Execution● . Their Sisters Beauty commended them to the King● favours ; ( but a frail support that ! which is as lasting only as a Phancy , and only as certain as Passion : ) therefore their Parts recommended them to his service . Affection shall lead me to Court , but I 'le take care that In●erest keeps me there . Sir Edward Seymours temper suited with the Kings Inclinations , and his spirit with his times ; both high , both stirring . In the throng of Courtiers , there a●e but three steps to raise a man to observations : 1. Some pecu●iar sufficiency ; 2. Some particular exploit ; and , 3. An especial Friend : This Noble Person shewed the first with advantage , in that draught of Military Discipline presented to Henry the eighth , wherein the embattling is most remarkable , viz. " Twenty two compleat Companies make up four Squadrons ; eve●y Squadron of Pikes and Musquets being drawn up apart , the Pikes and Colours on the left h●nd , and the Musqueteers on the right . These Squadrons make up a Brigade , to be drawn up as followeth , viz. Ten Corporalships of Musqueteers being 34 Rots , divided into five Plattons , every Platton being nine or so in front , led by a Major , and every division by a sufficient Commander . Next after these , Thirty six Rots of Pikes are to follow , ( being twelve Corporalships ) with their Colours following them , till they are drawn up even in front with the 32 Rots of Musqueteers : This makes the Right Wing of the Brigade . 2. The Battel of Pikes moveth forward in division , doing in all respects as the former , till they range even in front with the Pikes of the Right Wing : Then the o●her 32 Rots of Musqueteers belonging to the middle Squadron , ( who are appointed to make the Battel of the Brigade ) are led up as the first Musqueteers in all points , but at a reasonable distance behind the Pikes of their own Squadrons . Then the last Squadron of Pikes marcheth up , in all respects observing the same order . until they have attained to range in front even with o●her ●ikes . This being done , the Battel or middle Squadron o● Pikes and Musquets advanceth in one body , until it 's clear of the Wings . Lastly , the Surplus of the three Squadrons being 48 Rots of Mu●quet●e●s , are drawn up behind the Brigad●e , where they are to attend the Commands of their Officers , to guard the Baggage or Cannon , to be Convo●es for Ammunition or Victuals to the rest , or continue a reserve to wait upon all occasions . 2. Eminent was his ability for this Draught , more eminent for his performance agreeable to it in Britain ; where he sate before a Town six weeks to no purpose , while it expected relief from Italy : But at last he in●inuates a jealousie between the Pope and the French King touching that City , that obstructed all relief : He with a● much speed and policy sets upon the two main Sc●●res for defense of the Town , and took them b●th ; battering the Town and Castle with that violence and noise , that they say it was heard 100 miles off . A Train of Powder is laid to blow them up when they should enter ; but this succeeded not : For the French in passing the Ditch had so weted their cloaths , that dropping upon the Train , the Powder would not take fire ; and so all things conspiring to crown his valour with success ; he takes the Castle first , and then dividing the Town , and weakning it by several assaults at once , brought it to his own terms . Here his Valour had been eminent , but that his conduct was more ; and his Conduct renowned , but that his nobleness towards the Conquered : his civility and obligingness towards the Souldiery , and his integrity towards all persons , had out-done that . There are but two things that a subject can honestly oblige his Prince in : 1. Keeping his subjects in peace at home , 2. Keeping his enemies under abroad : 1. Those soft , but prudent Acts of Peace ; 2. Those resolved , but well-managed wayes of War : Sir Thomas wanted neither a resolution for the one , nor a temper for the other . But sufficiency and merits are neglected things when not befriended : ( Princes are too reserved to be taken with the first appearances of worth , unless recommended by tryed judgments : It 's fit as well as common , that they have their Counsellours for persons as well as things : ) His Sister therefore was married on Whit sunday , and he is on the Tuesday following created Viscount Beauchamp . But next year his Nephew is born ; the hope and stay of his Majesty and his Realmes , and he is made Earl of Hertford . King Henry understanding that the Pope upon his own and Cardinal Pool's account stirred up all the Princes against him , as a provident Prince , rode himself to the Sea-coasts to see them fortified . Admiral Fitz-williams is old , Sir Thomas Seymour assists him to rigg the Navy to be in readiness in six dayes time : Sir Edward is to muster the Land-Forces , and particularly the City of London , where were 15000 Armed men ready , May 8 , in St. Iameses , at which place the City seemed a Camp , and the Ci●izens men not of the Gown , but of the Armour . Great this Lords interest in , and respect with the people ; as great his brothers with the Sea-men : The Multitude would leave all for their good Lord of Hertford , and the Sea-men would die with their noble Lord Seymou● When the King of Scots had deluded King Henry in his correspondencies with France beyond all patience , and had been forborn beyond all sa●ety or prudence , Sir Edward Seymour is fi●st sent to treat , and then to fight ; which he did with much success , that 300 of his men , and a Stratagem , ( to possess the Scots with an apprehension that the whole English Army was upon them ) took and killed 30000 Scots , had more prisoners than they could keep , more booty than they could dispose of ; and adding this to their Victory , that they broke the Kings heart . There was no end to be expected of a War with Scotland , but by marrying that Kings Daughter to our Sovereigns Son. This Match was my Lord Seymour's interest as well as the Kings : His prudence and experience is therefore employed first to perswade it ; and when that would not do , ( so great and so cross the Papal power there by Cardinal Betons means ) his Valour and Resolution , is sent with 10000 to compel it : in order whereunto , May 4. landing at Granther-Gray , he marcheth in order towards Leith , which ( after a defeat given the Cardinal , the Earls of Arran , Huntley , &c. by his Harquebusiers ) they entred , and thence proceeded to Edinbu●gh : My Lord Dudley leading the Front , our Earl the Battle , and the Earl of Shrewsbury the Reerward : ) the●e the Keys are offered t●em upon conditions ; which they refusing ; ( and so making the Enemy desperate , who resolveth rather to perish nobly , than to be undone by submission ) the Town holds out , and they are able to do no more , with some considerable loss , then burn the suburbs , wast the Country to an utter desolation for seven miles compass , demolish Leith , Dunbar , &c. take all their Ships and Ammunition , returning to Berwick with the loss only of 14 men . Two things he was eminent for : 1. His Advice , that not the least Punctilio of the Law should be neglected : Whereupon the Earl of Surrey and other Nobility were imprisoned for eating Flesh in Lent. A secret and unobserved contempt of the Law , is a close undermining of Authority ; which must be either its self in indulging nothing , or be nothing in allowing all . Liberty knows no restraint , no limit , when winked at . 2. For his Popularity , in advancing the Benevolence 52000 l. beyond expectation . The Scots must have War as long as there is Poverty in their Country , and interest in France : This Noble Earl cutteth off the Invaders , layeth wast the Country , and ( that the source of those troubles might be dammed up ) entreth France with 80000 men ; and afer some skirmishes , brought the King thereof to a peace and submission . In pursuance whereof , while King Henry was in Bologn , he made his Will , wherein the Earl of Hertford Lord High Chamberlain is appointed Principal Counsellour to his Nephew : and not long after he dyeth , and leaves the Kingdome to his son , and his Son to his Uncle , whom the common Vote made Protector , and interest a Moderator of the Council , which the time required able , but their humours made f●ctious . The peace with King Francis and the Emperour was but uncertain ; the Scots we●e irreconci●eable , the Pope implacable , Religion unsettled , the Clergy out of frame , the People dist●acted , and the Nobility at variance . A great Counsellour King Henry leaves his Son , and a greater his Uncle makes him : in Counsel is stability : Things will have their first or second agitation : If they be not tossed upon the Arguments of Counsel , they will be tossed upon the Waves of Fortune . But yet this Lord miscarried , in that the Council understood him better than he did them : And he advised with them rather in publick , where men speak warily , and in compliance with othe●s humour ; than in private , where they deliver themselves more freely , and agreeable to their own humours . ( The Rule is , Ask an inferiour mans advice in private that he may be ●ree ; and a superiours in publick , that he may be respectful . ) But he did well , 1. In that the same matter if weighed , was never propounded and resolved the same day . 2. In that he h●d fixed dayes of petitions , for the peoples and his own ease . 3. In that he poyzed his Committees of contrary inclinations , that watched and balanced each other to a moderation most safe for the Kingdome and himself . 4. That he had of all Professions such at his command as opened the state of a business before any Commissioners debated it . 5. That he seldome discovered his own inlination , lest it byas●ed his Counsel . 6. That to prevent a Combination in the Council , he weakned their power and pri●iledges , ●heir credit , their dependencies , either by office or expectation , their opportunities and correspondencies , so that he could easily remove any when faul●y , discover any when dangerous , disgrace any when bold , and not fit to be entrusted with the Counsels , Resolves , Deliberations , and Necessities of the State. In order to which , he had two useful Resolutions . 1. To suppress Calumnies , 2. To encourage Accusations . His first Acts were Shew and Pomp , ( necessary for Greatness● viz. The Knighting of the King , and making himself Duke . His next are Realities : as , 1. His mode●ling the Country for a Parliament , considering the temper of the people , and the pulse of the last Parliament ; redressing Grievances , settling Elections by such Legal Rules , as that the people should not be corrupted with money , overborn by importunity , transported by fear or favour to an unworthy or an unsuitable choice ; and taking a just time to prepare the people for the designed settlement , by his grave and sober Injunctions , by godly and good Books of Instructions , by a wholsome form of Prayer , ( composed at Windsor ) by a more exact translation of the Bible , by several Proclamations for moderation and order on all hands , by inhibiting all Preachers but such learned , sober , grave and discreet men as were Licensed thereunto under the Lord Protector 's and my Lord of Canterbury's hand . 2. His promoting the Match with Scotland first by Ambassadours , and then by an Army , whose order was this : viz. The Avant-guard of 3 or 4000 foot-men at Arms , and 600 light-horse led by the Earl of Warwick ; the main Battle of 6000 foot , and 600 men at Arms , and 1000 light-horse , led by the Protector ; and the Rear of half so many , led by the Lord Dacres ; the Artillery of 16 Pieces of Ordnance making one Wing , the men at Arms and Demilances the other . For the Avant-guard and half of the Battel ●iding about two flight-shot from their side , the other half of the Battel : and the whole Flank of the Rear was closed by the Carriages , being 12000 Carts and Waggons ; the rest of the men at A●ms and D●mi●ances marching behind . A f●w ski● mishes and stratagems passed , when a Trumpeter is sent by Huntley to challenge the Protector ; to whom the Protector replying like a wi●e man , That it was not for a person of his trust to duel it with a private man ; The Earl of Warwick said , Trumpeter , bring me word that thy Master will perform the Combat with me , and I 'll give thee 100 Crowns . Nay , rather , said our Duke , bring me word that he will give us Battle , and I will give thee 1000 l. But in 25 days he gains a greater a Battle , over-runs the Country with the loss of no more then 65 men , to that of 25000 Scots . 3. His third Exploit was , Dispensing b Honours so nobly , that they were due encouragements to Virtue ; though yet so warily , that they should not be either a burden or a danger to the Crown . 4. He gave the Commonalty great content , in pulling down Enclosures by Proclamations ; and the Nobility no less , by setting up Land-improvements by Rule . 5. He engaged both , by a good bargain of Church-lands , confirmed by this Parliament . 6. He weakneth the Papists , 1. By conniving at them until they broke out to such outrages as made them lyable . 2. By dividing them when engaged , with hope of mercy on the one hand , and fear of his Army on the other . 7 The French taking the advantage of our seditious to break off their Treaty , and proclaim a War , he con●i●ca●es their Estates , and secures the persons of a● many of them as lived in England . But Greatness is fatal ; and his Brother that should have suppo●ted this great man , ruines himself and him . He had married a Lady high in spirit ; his Brother the Queen-Dowager , higher in place : the Ladies quar●el first , and then ( as it must needs follow ) the Lords . Thomas the Admiral is questioned for aiming at the Crown , 1. By marrying the Lady Elizabeth , and then by seizing the King-person and the Government : so honest this Protector , ( a plain man , and of no over-deep insight into practices ) that he gave way to his Tryal , saying , ( though somewhat ominous as it happened ) I 'll do and suffer Iustice : so Uxorious , that he sealed his death . And now he stands alone , wanting his Brothers cunning to reach Warwick , or his resolution to check Norfolk . The people are troubled at that one weak and unjustifiable Act of his , The pulling down of so many of Gods ●hu●che● in the City , to build one Somerset-house in the Strand . The Earl takes notice of their discontent , and asse●bleth eighteen discontented Counsellours , who arm themselves and their c followers , calling the City and the Kingdome to their assistance by a Proclamation . The Protector fleeth with the King and a Guard to Hampton-Court : the City sometimes resolved to assist the Lords , out of malice to the Protector ; sometimes to forbear out of such consideration of its many misfortunes in opposing Kings , set forth not with more Integrity by George Stadlow , then Eloquence and Life by Iohn Ayliffe . They delay : Sir Anthony Wingfield Captain of the Guard perswades the King of the Lords moderation and Loyalty ; the Duke is to answer for himself : the Lawyers charge him with removing Westminster-Hall to Somerset-House , where he kept a Court of Request , and determined Title of Lands ; the Souldiers with the detaining of their pay , and betraying our French Garisons ; the States-men with the engrossing of all Authority . The Earl of Warwick vigilantly but closely manageth all discon●e●●s of his designe with this great advantage , that we was subtle , close , and implacable ; while the other was free-spirited , open-hearted , humble , hard to distrust , easie to forgive . His friend the Lord Russel is absent : he is first tryed and acquitted , but with the loss of his Protectorship , Treasure●s●ip , Marshalship , and 2000 l. of Land more . But Warwick's designe for the Crown ripening , and Somerset being the most eminent obstruction in his way , having weakned , before he ruines him , now he chargeth him with Treason , to make a noise ; and with Felony , to do execution : the Council is packed , he looseth his life ( for a small crime , and that on a d nice point , subtilly devised and packed by his Enemies ) forgetting to ask the benefit of the Clergy , that had saved it . This person , as one charactereth him , was religious himself , a lover of all such as were so , and a great promoter of the Reformation : Valiant and successful , generally beloved by Souldiers , envied by Statesmen , though the most conscientious of them all ; doing nothing irregularly , but in complyance with the necessities of Government ; open to dangers , as one that could not be jealous ; better to act , than designe ; to perform , than plot . When he was discharged of Treason , there was so loud a shout in Westminster-Hall , as was heard to Long-Acre ; when condemned of Felony , there was a ●ilence and amazement for three hours . It is observed of some , that they have despised the benefit of their Clergy while they lived ; and by a just pro●idence of God , could not make use of it when ●hey were to dye : It was pitty that this Noble person should forget to crave that benefit of the Clergy , which might have saved him ; when he was so unwi●●ing to enjoy any ●enefit of the Clergy , which might Incommode them . The controversie between him and the Earl of Warwick is like that between Demades and Phocion ; Demades threatned Phocion , that the Athenians would destroy him when they fell into their mad fits ; and thee Demades [ saith Phocion ] when they return to their right minds : it appearing afterwards , that what he was charged to have design'd against others , he did only in his own defence , cum moderamine . Inculpatae cautelae , in whose behalf Cicero had pleaded thus , Si vita nos●ra in aliquas Insidias , si in vim , in tela aut latronum● aut in imicorum incidisset ; omnis honesta ratio esset expediendae salutis ; hoc & ratio doctis , & necessitas barbaris , & mos gentibus , & feris natura ipsa praescrips●t , ut omnem semper vim quâcunque ope possint a corpore , a capite , a vitâ suâ propulsare-nitantur . Beheaded he was on Tower-Hill , with no less p●aise for his piety and patience , than pit●y and grief of the spectators . His Death was at●ended with many signes and wonders , and his Name with an indelible character , his house being cal●ed Somerset-house to this day , though solemnly proclaimed by King of Iames Denmark-house , because inhabited by the King o● Denmark and his Sister . Surely ( saith my Author ) this Duke was well belo●ed , since his Name made such indelible impression on his house , whereof he was not five years in possession . Death hath this also , That it openeth the Gate to good Fame , and extinguisheth Envy . Philip asked Demetrius if he did not fear to lose his head ? He answered , No : for if he did , the Athenians would give him one immortal ; He should be statued in the Temple of Eternal Fame . Nil non Mortale tenemus , Pectoris exceptis ingeniique bonis : En ego , cum Patria caream vobisque dem●que Raptaque sint , adimi quae potuere mihi , Virtute attamen ipse mea comitorque fruorque Caesar in hoc potuit juris habere nihil . Quilibet hanc saevo vitam mihi , finiat ense , Me tamen extin●o fama perennis erit . " All that we hold will die , " But our brave Thoughts and Ingenuity : " Even I that want my Country , House and Friend , " From whom is ravished all that Fate can rend , " Possess yet my own Genius , and enjoy " That which is more than Caesar can destroy . " Each Groom may kill me : but whensoe'er I die , " My Fame shall live to mate eternity . Bra●e m●n never die : Worth begets in wea●●nd base min●s , Envy ; in the Magnanimous , E●●lation● in P●sterity , Renown : A Renown , that is as the beams about the Sun , or the glory abou● an holy picture that shews it to be a Saint , though it be no essential part : it riset● from the body of that Virtue , which cannot chuse but shine , and give a light through all the clouds of errour and distraction . And ●hough some●imes 〈◊〉 mists and vapours of ●he lower earth impede the light it gives , yet there will be apparent Rays , that shew there is Dese●t unseen , which yeilds those gleams of brightness to the whole Horizon , that it moves and shines in , which sur●ive to a glorious kind of immortality , when the Good Man is dead and gone ; a Good Name being the embalming of the Virtuous to an e●ernity of ●●ve and gratitude among posterity . For my own Honour ( saith the Royal Martyr ) I am well assured , that as mine Innocence is clear before God in point of any calumnies they object ; so my Reputation shall like the Sun ( after Owls and Bats have had their freedome in the night ) rise and recover ●ts self to such a degree of splendour , as those feral birds shall be grieved to behold , and unable to bear . Observations on the Lives of the Pars. SIr William Par Uncle and Lord Chamberlain to Queen Katharine Par , was by King Henry the Eig●th created Baron Par of Horton : he left two Daughters onely , married into the Fami●ies of Tressam and Lane. His Relation cal●ed him to Court , but his Age forbid him the pleasure● , and his own Reservedness the freedom of that place ; before which he preferred the pious , peaceable , ●nd hospitable way of the Countrey , whe●e Popularity affected him , more than he affected it ; No man being more beloved by the vulg●r , no man less in love with them : It being his Observation rather than his Countrey-man Sir Edward Mountague's saying , That if you do the common sort of people nineteen courtesies together , yet you may lose their love , if you go but ove● the s●ile before them . H●s Cousin Sir Will●am was brought by his Sister to Court , and advanced by his Brother to Honour ; b●ing for his Majesties sake as well as his own , made Lord Par of Kendal , Ea●l of Essex by King Henry ●he Eighth , and Ma●ques , of No●thampton by King ●dward : Q●een Mary deprived him of his Estate and Honour for siding with the Lady Iane , and Q●een Elizabe●h restored him to both , for favouring the Protestant Religion . His Delight was Musick and Poetry , and his Exe●cise War ; being a happy composure of the hardest and softest Discipline , equally made for Court and Camp , for Delight or Honour : But his skill in the Field answered not his industry , nor his success his skill : Ye● King Edward called him His Honest Vncle ; and King Henry , His Integrity . The whole Family was made by a Marriage , but died Issueless . The common Rule of Favourites is , to bring in all their Relations about them , to adorn and suppo●t them : bu● this Marq●ess would say , A wall that hath a firm Bottom , had need of no Buttress ; and that which wants it , is often rather thrust down than upheld by it . The Antiquaries crouch , as though t●ey upheld the Church , when they are upheld by it : Clients a●e more a burden than a strength : and when the chief Favourite dares not displease his So●e●eign because he is so near him , they dare , because he is between them and Majesty . His Followe●s were not gaudy , to render him suspicious ; nor discontented , to b●eed ill blood , and a misunderstanding ; nor too open , to discover him ; but deserving , to honour him ; aud hopeful , to be advanced by him . Active men were recommended by him to King Henry's busie Occasions , and Virtuous to King Edward's pious Inclinations . In his last years he found that there was little love in the World , and least o● all among Equals ; and that that which war , is between Superiour and Inferiour , whose fortune may comprehend the one the other . To ease his minde therefore , to satisfie his Judgement , to observe his oversight , he adopted Sir William Cholmley , bringing him first to his House , and then to his Heart , to shew him that impartially , which he could not discern in himsel● . There is no such Fla●terer as a mans self : and there is no such Remedy against Flattery of a mans self as the liberty of a Friend : Counsel is of two sorts ; ( to go on in my Au●hors words ) the one concerning manners , the other concerning business : for the fi●st , the best preservative to keep the mind in health , is the faithful admonition of a ●riend : The calling o● a mans self to a strict account , is a medicine sometime ●oo piercing and corroding ; reading good Books of Morality is a little flat and dead ; observing our ●aults in o●hers is sometimes improper for our case : but the best receipt ( best I say , to work , and be●t to take ) is the Admonition of a Friend . So much solid Worth he had , that he had no use of Ambition ; so much Modesty , that he made little use of his Worth : Mean thoughts he entertained of himself , and as mean thoughts did he by his down-cast though grave look , his sparing though pertinent discourse , and his submiss●v● though regardful carriage● suggest of himself . B●t a well-manag'd boldness is the Virtue of Mon●rchick Courts , and a discreet submission that of a Republican ; no advantageous admission into the one , without the first , nor ●a●ety in the other , without the second : Here , if you are bold , you must look for an Ostracism ; there , if you are modest , for Neglect : Yet a sober and moderate man m●y be i● fashion once in an Age. The Souldier and the Gentleman are the Warlike Princes Darling● : Church-men , the Religious ; Physicians , the Sickly and Old ; Scholars , the Learned ; Exchequerers , the Poor , Covetous , or Prodigal ; Lawyers , the Just ; and They of a Healing , Sof● and Pliable Temper , ( King Iames his character and commendation of my Lord Bacon ) the Settling and the Peaceable , such as Edward the VI , in whose Reign he was adva●ced , and Queen Elizabeth , in whose Reign he was restored . It was in pursuance of King Henry's Statute , that he clo●ed with King Edward's Will : For this Clause he p●oduced for himself : Provided , That if the Lady Mary do not keep nor perform such Conditions , which shall be limited and appointed , as aforesaid , that then and from thenceforth , for lack of Heirs of the Kings Body , and the said Lord Prince , lawfully begotten , the said Imperi●l Crown , and other the Premisses , shall be , come and remain to suc● Person and Persons , and of such Estate and Estates as the Kings Highness by his Letters Patents sealed under His Great Seal , or by His last Will in Writing , signed with His Hand , shall limi● and appoint . Isocrates was a man of an excellent Wit , but finding himself destitute of countenance , gesture and confidence , he never durst speak in publick , contenting himself to teach , even to his decrepit days ; and commonly saying , He taught Rhetorique for a thousand Ryals , but would give more t●an ten thousand to him that would teach him confidence : T●is Marq●e●s brought up many a Courtier , yet had not the face to be One himself , until Queen Elizabeth , who balanced her Council in point of Religion in the beginning of her Reign , a● she did her Court in point of Interest throughout , threatned him to the C●uncil-Board first , and then to her Cabinet ; where none more secret , to keep counsel ; none more faithful , to g●ve it ; and more modest , to submit . A sincere , plain , direct man ; no● crafty nor involved . Observations on the Life of Sir John Cheek . SIr Iohn Cheek , born over against the Market-Cross in Cambridge , became Tu●or to King Edward the Sixth , and Secretary of State : Not ●o mean●y descended as Sir Iohn Heyward pretends , ( who writes him , The Son of his own Deserts ) being a B●anch of the Cheeks of Moston in the Isle of Wight , ( where their Estate was ●hree hundred pound a year , three hundred years ago , and no more within this thi●ty years ; ) happy in his Father , Mr. Peter Cheek , whose first tui●ion seasoned him ; happier in his good a Mother , ( that grave Matron ) whose good b counsel & Christian charge when he was going to Court , set●led him ; and happiest of all in the place of his birth , where he fell from his Mothers VVomb to the Muses Lap , and learned as soon as he lived , being a Scholar sooner than he was a man. A German had the care of his younger studies , and a Frenchman of his carriage ; his par●s being too large to be confined to the narrowness of English Rules , and too sprightly to attend the ●edio●sness , and creep by the compass of an English method . The same day was he and Mr. Ascham admitted to St. Iohns , and the same week to Court , the one to the Tuition o● Edward the sixth , the other of Queen Elizabeth : there they were both happy in their Master Doctor Metcalf , who though he could not ( as Themistocles said ) fiddle , yet he could make a li●tle Col●edge a great one , and breed Scholars , th●ugh he was none : His advice deterred them from the rough Learning of the Modern Schoolmen , and their own Genius led them to the more polite studies of the antient Orators and Historians ; wherein they profi●ed so well , that the one was the copious Orator , the other the Greek Professor of that University . A contest began now , between the Introducers of the New , and the Defenders of the Old Pronunciation of the Greek : the former endeavoured to give each Le●ter , Vowel and Diphthong its full sound : whilst Doctor Caius and others of the Old stamp , cried out against his Project , and the Promoters of it ; taxing It ●or novelty , and Them for want of experience , and affirming Greek it self to be barbarous , so clownishly ut●ered ; and that neither France , Germany nor Italy owned any such Pronunciation . Iohn Cheek and Thomas Smith maintained that this was no Innovation , but the antient utterance of Greek , most clear , and most full . Chancellour Gardiner then interposed against the Pronunciation , and the Authors of it : But custom hath since prevailed for the use of the one , and the due commendation of the other . Sir Iohn Cheek's Authors were Isocrates and Thucydides ; his Auditors the youngest that came thither , for Language ; and the oldest that heard him , for his Discourse and Policy : The one preferred him to the ample Provostship of Kings , the other to the great t●ust of Secretary of State : Prince Edward studied not his Book more sedulously , than he studied him , that his Rules might comply with his Inclination , & his Lectures with his temper : Lectures , that were rather Discourses instilled to him Majestically , as a Prince ; than Lessons beaten into him pedantiquely , as a School-boy . The wise Man would not be debasing his Royal Pupils mind with the nauseated and low crumbs of a Pedant , but ennobling it with the free and high Maximes of a States-man ; sugaring the more austere parts of Learning with the pleasures of Poetry , Discourse , Apologues ; and so deceiving the Royal Youth to an improvement before his own years , and others comprehension . His very Recreations were useful , and his Series of lighter exercises ( for he observed a method in them too ) a constant study ; his Table , his School ; his Meat , his Discipline : the industrious Tutor filling up each space of his time with its suitable instruction ; it being his Maxime , That Time and Observation were the best Masters , and Exercise the b●st Tutor . While others doated over their Rules , his Pupils practised them ; no day passing without his Letters to the King , as that , Literae meae unum semper habet Argumentum ( Rex Nobilissime & Pater Illustrissime ) hoc est , in omnibus Epistolis ago t●bi gra●ias , &c. or to the Queen , as that , Quod non ad te jamdiu scriberoni in causa fuit non negligentia , sed studium ; non ●nim hoc feci ut nunquam omnino scriberem , sed accuratius scriberem , &c. I have two Tutors , ( said King Edward to Cardan ) Diligence and Moderation , Sir Jo. Cheeke and Doctor Coxe . So exact an account he gave Prince Edward of his Fathers Kingdome , and its Interest , that King Henry designed him for Secretary , and King Edward made him one . Three years he had that place ; and in that three years did England more service , so great his Parts , Learning and Religion ! more kindness , such his eminency in both ! and gave the People more satisfaction , such his Integrity and Dexterity ! than all that went before him , and most that came after him . He was the first that brought in the use of a Diary , and his Pupil the next that practised it : His Aphorism it was , That a dark and imperfect reflexion upon Affairs floating in the memory , was like words dispersed and insignificant ; whereas a compleat view of them in a Book , was like the same words pointed in a period , and made significant . Much did the Kingdome value him , but more the King : for being once desperately sick , the King carefully enquired of him every day ; at last his Physician told him there was no hope for his life , being given over by him for a dead man : No , said the King , he will not die at this time ; for this morning I begged his life from God in my Prayers , and obtained it . Which accordingly came to pass ; and he soon after , against all expectation , wonderfully recovered . This ( saith Doctor Fuller ) was attested by the old Earl of Huntington , ( bred up in his childhood with King Edward ) to Sir Tho. Cheeke , who anno 1654. was alive , and ●0 . years of Age. But though his Prayers saved his Tutors Life , none could save his ; who died with the Protestant Religion in his heart and arms : and Sir Iohn had died with him , but that being outed of all his preferments , he outed himself from the Kingdome : loving to all the English Exiles at Strasburgh , and well beloved all over Germany ; until trusting to the Stars too much , ( would he had either not gone so high , or gone a little higher for advice ) and his friends too little , he went to meet his dear Wife in Brabant ; where neither my Lord Paget's promise , nor Sir Iohn Mason's pledges , nor Abbot Fecknam's intercession , could excuse him ●rom being unhorsed and carted , imprisoned and tortured , vexed with all the arts of power , and perplexed , until his hard usage meeting with some fair promises , brought him to a Recantation that broke his heart ; and after much melancholick sighing and silence , brought him to his Grave ; The great example of Parts and Ingenuity , of frailty and infirmity , of repentance and piety . Forced he was to sit with Bonner in his Courts , but forced he would not be to joyn with him in his judgment : look on he did , but weep and groan too . A good Christian he was , witness his pious Epistles ; an excellent States-man , as appears by his True Subject to the Rebel ; a Book as seasonably republished ( by Doctor Langbaine of Queens Colledge in Oxford ) in the excellent King Charl●s his troubles , as it was at first written in the good King Edward's commotions . Vespasian said of Apollonius , That his Gate was open to all Philosophers , but his Heart to Him : And Sir Iohn Cheeke would say to Father Latimer , I have an Ear for other Divines , but I have an Heart for You. A Country-man in Spain coming to an Image enshrined , ●he extruction and first making whereof he could well remember , and not finding from the same that respectful usage which he expected , You need not ( quoth he ) be so proud ; for we have known you from a Plum-Tree ● Sir Iohn Cheeke one day discoursing of the Pope's Threats , said , He need not be so high ; for we have known him a Chaplain . He took much delight in that saying of Herod the Sophist , when he was pained with the Gout in his hands and feet : When I would eat , ( said he ) I have no hands ; when I would go , I have no feet : but when I must be pained , I have both hands and feet . Applying it thus : When we would serve God , we have no soul ; when we would serve our Neighbours , we have no body : but when we suffer ●or neglecting both , we shall find we have both a body and a soul. Gustavus Adolphus some three days before his death , said , Our affairs answer our desires : but I doubt God will punish me for the folly of my P●ople , who attribute too much to me , and esteem me as it were their God ; and therefore he will make them shortly know and see I am but a man : I submit to his will , and I know he will not leave this great Enterprise of mine imperfect . Three things Sir Iohn Cheeke observed of Edward the sixth : 1. That the Peoples esteem of him would loose him . 2. That his Reformation should be overthrown . 3. That yet it should recover , and be finished . As to publick Councels : 1. Sir Iohn was against the War with Scotland , which he said was rather to be united to England , than separated from it . 2. He was against King Edward's will , saying , He would never distrust God so far in the preservation of his true Religion , as to disinherit Orphans , to keep up Protestantism . 3. He laid a Platform of a VVar with Spain . 4. He kept Neuter in the Court-factions . 5. Bishop Ridley , Doctor Coxe , seconded ; and Sir Iohn Cheeke contrived all King Edward's Acts of Charity . Observations on the Life of Sir Thomas Wentworth . SIr Tho. Wentworth of Nettles●ed in Suffolk , of a younger Family , ( confessed by the Crescent in his Coat ) descended from the Wentworths of Wentworth-wood-house in York-shire , and was created Baron Wentworth by King Henry the viii . He was a stout and valiant Gentleman , a cordial Protestant , and his Family a Sanctuary of such Professors ; Iohn Bale comparing him to the good Centurion in the Gospel , and gratefully acknowledging him the cause of his conversion from a Carmelite . The memory of this good Lord is much ( but unjustly ) blemished , because Calis was lost the last of Queen Mary under his Government : The manner was huddled up in our Chronicles , ( least is best of bad business ) whereof this is the effect : The English being secure by reason of the last Conquest at St. Quintin , and the Duke of Guise having notice thereof , he sate down before the Town at the time ( not when Kings go forth to , but return from battle ) of mid-winter , even upon New-years-day . Next day he took the two Forts of Risebank and Newman-bridge , ( wherein the strength of the City consisted ) but whether they were undermined or overmoneyed , it is not decided , and the last left most suspicious . VVithin three Days the Castle of Calis , which commanded the City , and was under the command of Sir Ralph Chamberlain , was taken , the French wading through the Ditches , ( made shallower by their artificial cut ) and then entring the Town , were repulsed back by Sir Anthony Ager Marshal of Calis , the only Man , saith Stow , who was ●illed in the Fight , ( understand him , of note ) others , for the credit of the business , accounting four-score lost in that service . The French re-entring the City the next Day , being Twelfth-day , the Lord Wentworth Deputy thereof made but vain resistance , which ( alas ) was like the wrigling of a Worms tayl after the head thereof is cut off ; so that he was forced to take what terms he could get , viz. That the Towns-men should depart ( though plundered to a Groat ) with their Lives , and himself with 49 more , such as the Duke of Guise should chuse , should remain Prisoners to be put to ransome . This was the best news brought to Paris , and worst to London ●or many years before : It not only abated the Queens chear the remnant of Christmas , but her mirth all the days of her life . Yet might she thank her self for loosing this Key of France , because she hung it by her side with so slender a string , there being but Five Hundred Souldiers effectually in the Garrison ; too few to manage such a piece of importance . The Lord Wentworth the second of Iune following , was solemnly condemned for Treason , though unheard , as absent in France : which was not only against Christian Charity , but Roman Justice ; Festus confessing it was not fashionable amongst them to deliver any Man to die , before he which is accused have the accusers face to face , and have licence to answer for himself concerning the crime laid against him . It was well for this Lord that he was detained in France till his ransome was paid , and Queen Mary dead , who otherwise probably had lost his life , if he had had his liberty . But Queen Elizabeth coming to the Crown , he found the favour , or rather had the justice to be tryed again , and was acquitted by his Peers ; finding it no treachery , cowardise , or carelessness in him , but in Sir Iohn Harlston , and Sir Ralph Chamberlain , the one Governour of Risebank , the other of Calis-Castle : for which they were both condemned to die , though their Judgment was remitted . This Lord was the only Person I have read of , who thus in a manner played Rubbers , when his Head lay at stake ; and having lost the fore , recovered the after-game . He died a very aged Man , 1594. Thus far Mr. Fuller . Two ways a Courtier advanceth himself : the first , that more leisurely , slow , though sure , of watching Offices , Preferments and Dignities that may by steps bring them to the Kings Presence ; The second , that more quick and short , but most practised , of following the Court for such extraordinary Commissions and particular services to the Empire , as may ( without the danger of delays that must be fatal amidst so many Competitors ) recommend him to his favour . It was below Sir Thomas his Estate to stoop to that first method ; it suited more with his activity to embrace the second . Two usually-inconsistent qualities he had , The closeness of an Agent , and The Valour of a Souldier . To Rome he was sent in disguise , and to Treport with an Army : so graceful his carriage , so insinuating his affability , so clear and well-weighed his discourse , so searching and comprehensive his Judgment ; so gravely Aiery , so Majestically pleasant his countenance , so becoming his gate and apparel , so watchful his Negotiations , so winning his Addresses , so discr●etly smart his Reparties , ( darting a suddain lustre and vigour to the darkness and heaviness of his graver D●scourses , neither common nor unsavoury , neither affected nor far-fetched , neither abusive of others , nor mis-becoming himself ) so discreet and well-managed his complaisance , ( with re●erence to circumstances , Person , Place , Time , matter and cause ) that he had Cardinal Senhault's Secretary , to bring him to the Pope's Closet ; the Emperour's Agent Randolphus , to introduce him to Court ; that he won Fryar Paul , to shew him the mysteries of the Church ; Engineer Palvino , to represent the Pop●'s Cities , Towns , Fortification● , Havens , Harbours , A●tiquities , Seminaries , Exercises , Ships , Treasure , Armories , Arsenals , Magazines , ( having always by him a Card of the Territories ) and the Pope's Bed-chamber-man , to shew him all the Papers and Transactions that concerned Henry the eighth . So well experienced his Conduct , so well disciplined his Army , so watchful and industrious his Nature , so good his pay , ( though he pawned , at once in Normandy , his own Estate to satisfie his Souldiers ) so noble his rewards of v●lour and service , ( it being his rule , That every man should enjoy as much as he could conquer ) so prevalent his example , that he did more with 2000 Men in three Moneths , than the Duke of Suffolk had done with 8000 in three years . The Duncery and idleness of the Monks in his time , ( as he writes himself ) made Erasmus a Student : the sloth and carelesness of Commanders in Sir Thomas his time , made him a Souldier . Edward the third of England having sent to France to demand the Crown by Maternal Right , the Council there sent him word , That the Crown of France was not tied to a Distaff . To which he replyed , That then he would tie it to his Sword. Sir Thomas Wentworth demanding Normandy in right of the Dukes thereof , Kings of England , was told , That Dukedomes were never given away in France by the Wills of the Dead : Nay then , replyed he , we will have them against the Wills of the Living . It 's written of our Henry the fifth , that he had something of Caesar in him , which Alexander the Great had not , That he would not be Drunk ; and something of Alexander the Great , which Caesar had not , That he would not be Flattered : Sir Thomas had both their Virtues , none of their Vices ; Non tam extra Vitia , quam cum summis Virtutibus . Though he could not avoid misfortune , and prosper ; yet he could yield to it , and retire : ( that experienced File that could not withstand the enemies ●hot , could fall down and escape it . ) Privacy at once secured and supported this unfortunate Gentleman : It is much to know how to lead and bring on successfully ; it 's more to retreat , and come off handsomely , and give over a bad game . Since he heard ill , I hear no more of him but this : One being designed an Agent , waited upon this knowing and experienced Lord for some Directions for his conduct and carriage ; he delivereth himself ( saith my Author ) thus : To secure your self , and serve your Country , you must at all times● and upon all occasions , speak truth : for ( as he added ) you will never be believed ; and by this means your truth will secure your self if you be questioned , and pu● those you deal with ( who will still hunt counter ) to a loss in all their disquisitions and undertakings . Observations on the Life of Sir Clement Paston . SIr Clement Paston was a Souldier , and a Souldiers Son ; Valour running in the Blood for three Generations , and maturated by Noble and Heroick Actions for Glory and Success . Designed he was by his Friends for the Gown , but by his own Nature for Armour : Born for Action rather than Contemplation . VVhen his Father asked him what he would desire of him , he desired a Horse and a Sword. He was tried in the King of France his service in Henry the Seventh's time , for his overthrow in Henry the Eighths . He was the first that made the English Navy terrible , and the last that made our Army so : He took the Admiral of France : and saved him of England : 30000 Crowns he received by way of Ransome from the first , a●d 1000 l. by way of Gratitude from the other : A Cup he would shew that the first gave him every Holy-day , and a Ring of the seconds every Christmas . Two Kings made use of his Person , and two Queens of his Counsel , which he gave even on his Death-bed . His advice was short , but resolute ; his words few , but pertinent : his discourse commanding , and Souldier-like : his word , the Decree of the Medes . King Henry the Eighth called him His Champion : the Protector , in Edward the sixth's time , His Souldier ; Queen Mary , Her Sea-man ; and Queen Elizabeth , Her Father . VVhen Wyat was overthrown , he would deliver himself up to a Gentleman , and therefore only to Sir Clement Paston . The two great Interests of Souldiers is Pay and Honour : He mortgaged his Estate twice , to satisfie them for the one ; and pawn'd his credit at Court often , to encourage them for the other ; getting his Commanders always power and authority enough to do their Masters business , but never enough to do their own . There being always a contest between the Populacy and the Souldiers , ( whom nothing reconciles , but downright force and necessity ) it was death to his Followers to be irregular , because one of their miscarriages exasperates a million , and distastes a Kingdom ; so necessary is a strict Discipline in the Camp , and an impartial Justice in the Countrey . Outward occasions help Fortune , a Man 's own temper makes it , when there be , as my Lord Bacon writes , no stops or restiveness in a Man's mind , but that the wheels of that keeps even with those of fortune . Sir Clement and Cato Major were both of a make , both having tantum robur corporis & animi ; ut , quocunque loco nati essent , fortunam sibi facturi viderentur . Observations on the Life of the Lord Rich. HE must needs be preferred , who was so richly descended and nobly allied , as to shew at Court upon his first appearance sixty Noblemen and Knights of his Relation , and a hundred and fifty thousand Pound a Year Revenue among his Friends . He was more beholding to the Temple for his Law , than to the Universities for his Learning . His severe and active Nature aspiring above the pedantiqueness of a Scholar , to the usefulness of a States-man : I could never endure ( saith he ) those Studies that furnish me only with unactive thoughts and useless discourse , that teach me only to think and speak . His staid and solid parts commended Him to Cromwel , and Cromwel recommended him to King Henry the Eighth : He was Solicitor-General to His Majesty , and Steward to his Master : Cromwel was the M●wl , and Rich the Hammer of Abbeys : He laid open to the Monks their faults , and his Master made use of it to force them to a surrendry : For as he said , when those Religious Societies saw they had faults enough discovered to take away their Lands , they had wit enough to give them up . His Counsels overthrew Popery , and his Deposition cut off Sir Thomas More : for being sent to Sir Thomas , after much discourse with him , he asked him this subtle Question , Whether he would acknowledge the King Supream Head , if it were enjoyned by an Act of Parliament ? Sir Thomas asked him again , If the Parliament enacted that God should not be Lord , whether he should consent to it ? And those words undid him . He saw that the Protestant Religion was the Interest of England , as well as the Doctrine of Scripture ; and therefore he carried it on in point of policy , as Archbishop Cranmer did in point of conscience . King Henry the eighth admired his distinct reasoning , and stayed judgment ; and Queen Anne Bullen was taken with his graceful eloquence , and ingenious discourses : In the morning his plyant soul , that could answer all the turnings and windings of business , was as reserved and solid as that of a demure States-man ; in the evening , as chearful and merry as that of a Debonair Courtier . He was the wisdome of the Court in the Presence , and its wit in the Closet ; its Oracle there , and its pleasure here . King Henry the eighth made him one of his Legators , and King Edward the sixth one of his Council : Under him he carried on the Protestant Religion in point of conscience , which others managed in point of interest . He designed the degrees of the Reformation , and he set out its method , than whom none more zealous in things necessary , none more moderate in things indifferent . Active he was , but wary ; stirring , but cautious . To him the Reformers resorted in point of Law , as to Cranmer and Ridley in point of Religion . Such his Prudence , that the Protector made him his Friend ; such his Integrity , that the King made him Chancellour : where his Decrees were just , his Dispatches quick , his Judgments speedy , his Sums of Debates ●ull and satisfactory , his Sentences irreversible ; his Assistants in the Rolls , an● other Courts , able and honest . None more complyant to Reason , none more stiff in things agains● Reason : He would do any thing for King Edward the sixth's interest , nothing for Duke Dudley's ambition : therefore he observing the course of Affairs , would rather resign his Place , than his Integrity : when he could not with a safe conscience keep it , he with a contented mind parted with it ; being honoured with the Barony of Leez , and enriched with the Western Abbies ; it being the Prudence of that time to interest the Nobility in the Papal Revenues , that so they might be engaged against the Authority . R. Rich Lord Chancellour , ( saith my Author ) then living in Great St. Bartholomews , though outwardly concurring with the rest , began now secretly to favour the Duke of Somerset , and sent him a Letter , therein acquainting him with all passages at the Council-board , subscribing the same ( either out of hast or familiarity ) with no other Direction save To the Duke ; enjoyning his servant , a new Attendant , as newly entred into his Family , safely to deliver it . The Man made more hast than good speed ; and his Lord wondring at his quick return , demanded of him where the Duke was when he delivered him the Letter ? In the Charter-house , ( said the servant ) on the same token that he read it at the Window , and smiled thereat . But the Lord Rich smiled not at the Relation , as sadly sensible of the mistake , and delivery of the Letter to the Duke of Norfolk , no great friend of his , and an utter enemy to the Duke of Somerset . Wonder not if this Lord rose early up the next morning , who may be presumed not to have slept all Night : He hieth to the Court ; and having gotten admittance into the Bed-chamber before the King was up , fell down on his Knees , and desired that his Old Age might be eased of this burthensome Office ; pleading that there ought to be some preparatory intervals in States-men between their temporal business and their death : in order to which , he desired to retire to Essex , there to attend his own Devotions . Nor would he rise from the ground till the King had granted his Request . And thus he saved himself from being stripped by others , by first pulling off his own Cloaths , who otherwise had lost his Chancellours place for revealing the secrets of the Council-board . There are few places so impregnable , but Nature hath left in them some place or other by which they may be taken : none being armed at all points so well , but there is some way left whereby he may be surprized . He is the strongest that hath fewest accesses . He was a wise Man that said , Delay hath undone many for the other World , Hast hath undone more for this , Time well managed saves all in both . But there is a Wheel in things , which undoeth all those that have not a Wheel that answereth it in their Souls ; I mean a great capacity to comply and close with those grand Vicissitudes that with small and unobserved circumstances turn round the World , which this great Man was Master of , who had his Eye upon the turns , flexures and points of things and business , and his state and interest ready to correspond : He knew when to proceed , when to make a stand , and when to retire . It 's said of Grandees , That they are the first that find their own Griefs , and the last that find their Faults . Our Lord was quick in both , and hath taught us this , That certainly Men of great fortunes are strangers to themselves , and while they are in the puzzle of business have no time to tend the welfare either of Body or Soul ; and that they must with-draw from this World , before they retire into another : For , Illi mors gravis incubat , qui not us nimis omnibus , ignotus moritur sibi . There are no more Remarques of this Personage , than that he was the Father of this Apophthegme , Well done , if warily ; and Great-Grandfather to the present Earl of Warwick . Observations on the Life of Sir John Mason . HE had his Birth at Abingdon , and his Education at Oxford : His Birth commended him to All-Souls , and his Breeding to the Court : His Study was like his Inclination , rather active than contemplative , his present thoughts foreseeing and providing for his future Employments . But Industry and Parts may prepare a Man , it is opportunity and occasion that must advance him ; and never had a Man fairer opportunity , never made a Man better use of it . None but Mr. Mason would the University pitch upon , to complement Henry the Eighth ; none but Mr. Mason could please him , although he was as great a Scholar as he was a King , and as much an Humorist as both : as he was inclined , so he studied ; as he studied , so he writ ; not with a Pedants impertinence , but a States-man's prudence : so elegant was his Latine , that a Critick would have advanced him Professor ; so various his Learning , that Cranmer would have preferred him Prebend ; and yet so grave and wise the matter and composure of his speech , that the King designed him a States-man . When King Henry the Eighth came to Oxford , Sir Iohn is deputed to congratulate his coming : who considering that a Man cannot every Day speak to Kings , contrived ( saith my Author ) the matter of his speech most Man-like , politick and pertinent , the phrase of it polite and majestick ; so that what with his comely presence , his becoming carriage , his flowing expression , his graceful elocution , he gained that applause from the Court and University , that the one was as eager to have him , as the other was loth to part with him : the University was proud of him , but King Henry commanded him , and disposeth of him in Forein parts , to add practical experience to his speculative studies : It was the excellent way of that time , to pick out the choice youths of both Universities , and maintain them some years abroad , to make such Observations as might render them serviceable at home● Dwelt with Books he had long enough , now he must converse with Men , and open his recluse and retired soul , to a practicable and social temper , by debonairness and freedom , too long mewed up with study and melancholy : Think and speak he could very well already , now he must learn to act and live : Books furnished , Travel must enlarge and settle his soul. Four things made a States-man in those Days . 1. The University and good Letters . 2. The City and Converse . 3. The Court and Freedom of spirit . 4. Travel and Observation . It was the politick Discipline of those days to selec● ( saith mine Author ) the pregnancies of either Vniversity , ana breed them i● Forein parts for public● Employments . Agreeable whereunto , Mr. Mason i● sent beyond sea with Instructions to guid him , and a pension to support him● With Order , 1. To keep exact correspondence with the Secretary at home . 2. To entertain , 1. The most eminent Scholar , who might represent the Church : 2. The ripest Undersecretary , who might decipher to him the State : 3. The ablest Souldier and Sea-man , that might open to him the Interest of both Nations 3. To take an exact account of the Havens , Forts , Cities , Avenues , Passages , Ways , Treasure and Interest of the place he lives in . 4. To follow the respective Embassadors Directions in every Court. 5. To appear in each place upon any solemnity , Civil or Military , suitable to the occasion , all charges to be defrayed from the English Exchequer . His Pension was two hundred and twenty pounds a year ; his Circuit was France , the Netherlands and Italy ; his Commission was to engage any knowing person of those respective Courts , that could transcribe their Edicts or Orders , give exact Intelligence , make any Interest , or had any influence upon their respective Governments : His Rules were , 1. To correspond with his Majesties Agents . 2. To have few and choice Acquaintance . 3. To make Collections of , and Observations upon the Histories , the Laws , Customs , and the most considerable States-men , Governours , and Great Men , with their Relations and Dependencies in those Courts . 4. To give a monethly account of such Remarques as occurred , at large to the Secretary , and in brief to the King and Cardinal . His first undertaking was in France , where his Gravity was too severe , beyond the dalliances of that place . His next was to Italy , where he shewed as great a reach in countermining , as the Inhabitants of that place do in managing their plots : None designs ( saith the Character ) further off than the Italian : None seeth ( said Sir Tho. Audley ) further off than Sir John Mason . His last Voyage was to Spain , where he out - grav'd the Don Himself , and then returned with the Italians quickness , the Spaniards staidness , the Frenchmans Ayr , the Germa●s Resolution , and the Dutchmans Industry : Q●alities that demonstrated he understood other Countreys , and could serve his own . Th●re th●s pregnant Gentleman being at some distance , could look more inwardly into the Constitution , Situation , Interest , State and Complexion of his own Countrey ; and being near , could discern those of other parts wi●h the mutual aspect of England upon them , and theirs upon it . They that liv●d in those times say that none understood the affairs of England and France , together with their mutual advantages or disadvan●●ges , better than Sir Iohn Mason . He that had seen the mysteries of four Courts , might be trusted with those of one , as he was in King Henry the Eighth's time , in the capacity of a Privy Counsellour ; and in Edward the Sixth's , in the Trust of chief Secretary . At the Board , none clearer in his Proposals ; in his Office , none quicker for Dispatch : Let me hear Sir Iohn Mason , said the King ; Let us to Sir Iohn Mason , said the Subjects : so much the reputation of his prudent integrity with the one , and of his familiar access with the other ! Four things he said kept him in , under all the Revolutions , during the four Princes Reigns whom he served : 1. That he thought few Things would save a Man. 2. That he was always intimate with the exactest Lawyer , and ablest Favourite . 3. That he spake little , and writ less . 4. That he had attained to something which each party esteemed serviceable to them , and was so moderate , that all thought him their own . When a compleat man , he was called home , to be first Clerk of the Council , a place of great Trust ; secondly , Secretary of State , a place of great Employment ; thirdly , Master of the Requests , an Office of great Dispatch and Business ; and fourthly , Treasurer of the Houshold , an Employment of constant care . No Age wanted an able man more , no Age had one more willing to secure the Universities , than that which chose him to be Chancellour of Oxford , at the same time that his Prince made him Treasurer of the Houshold . Sacriledge it self then gaping after the University-Lands , durst not tempt so honest a Man , nor perswade so great a Scholar , nor fright so resolute a Statesman to betray or yield up those ancient Encouragements of Learning and Virtue . Loth was Oxford to part with him when a Scholar , glad to entertain him a States-man , with a power to protect her , well tempered with Obligations to love her ; he who is now the Father being lately the Son ; maintained by a part of it , as he now maintained the whole . That was a scrambling time , when it was catch who catch can . I find not any particular favour conferred , or benefaction bestowed by him in person on the University ; but this great good he did , That his Greatness kept others from doing any harm . Many hungry Courtiers had hopes to catch Fish , ( and Fish it would be , whatever came into their Nets ) on this turning of the Tide , and alteration of Religion : How easie was it for covetousness in those times to quarrel the Colledge-Lands into superstition ! Sacriledge stood ready to knock at their Gates ; and alas ! ' ●was past their Porter's power to ●orbid it enterance , had not Sir Iohn Mason vigorously opposed it , and assisted the University on all occasions . He inciteth them to the study of the Tongues ; because sensum alicujus rei non potest ille assequi , qui r●dis es● Idiomatis quo traditur : and directed the reading of Aristole , Agricola , Melancthon , &c. instead of Scotus , Burleus , Bricot : calling for all their Charters , Donations , Statutes , Popes Bulls , with an exact Rental of their Lands , and Inventory of their Goods , which were restored intire and safe . The University , that could not enjoy his presence , craves his protection ; and foreseeing in the fall of Abbeys , their danger , especially when Foundations erected for superstition were given by statute to the King , chose Sir Iohn Mason their Chancellour , who was at once a favourite o● Power and of Learning ; the greatest Lay-Statesman that was a Scholar , and the greatest Scholar that was a Lay-Statesman : He was not contented to secure , but he must improve Oxford , gaining it New Priviledges , when it feared the loss of its old ones . A grave and reserved Man he was , who understood the Intrigues and Motions of those dark and uncertain times , and his nimble and present Prudence could accommodate them . His Maxime was , Do , and say nothing : Commending the active and close man , whose performances were as private , coherent , continued and suddain as his counsels ; who would not spend that time in advising , that woul● serve for executing : Many were his pensions to Scholars at home , more to Agents abroad that assisted either his studies or employments , whom he designed an honour to his middle , and a support to his old Age. He had a peculiar way of satisfying suiters by plain dealing and dispatch : he would divide all suits either into matter of Equity , or a suit of Controversie ; or into matter of Desert , or a suit of Petition : In the first he had his Referrendaries , to see the matter compounded between both parties , rather than carried by either : In the second , he preferred all suitably to their Abilities . No M●n understood better the nature of Court-places than he , and none saw further into Court-persons . Two things , he said , always promoted a mat●er : 1. Secresie : ( Boasting , which is the way of some Courtiers , though it discourageth some Competitors , yet it awakeneth Others . ) 2. Timing of it , with an Eye to those about us . He would advise a Man to begin with a little and mean suit : For though ( as my Lord Bacon observes ) iniquum petas & aequum feras , is a good Rule , where a Man hath strength of favour ; yet otherwise a Man had better rise in his suit : For he that would have ventured at fi●st to have lost his Suitor , will not in the conclusion lose both the Suitor and his own former Favour . It 's from him , while he lived , that we learned Celerity is the best Secresie ; Pru●ence and Resolution is the only Fortune ; Converse is the great Education ; Boldness a Man's surest Success ; Good Nature is the eminent Nobility ; and a well-weighed Honesty the only Favourite . It 's by him , when he died , we are taught that Moderation out-lasts Violence , Modesty Ambition , a publick Spirit a private One : That to act alone may be as profitable as Honourable , but to joyn with others most safe : That to study the nature of a Prince , may for the present advance ; but to understand the Interest of his Kingdom , is always secure : The one way being as uncertain as the frail Person it depends upon , the other as sure as the lasting State it serves . Observations on the Life of Sir William Stamford . SIr William Stamford was of Straffordian extraction ; Robert his Grand-father living at Rowley in that County : but William his Fath●r was a Merchant in London , and purchased Lands at Hadley in Middlesex , where Sir William was born , August 22. 1509. He was bred to the study of our Municipal Laws ; attaining so much eminence therein , that he was preferred one of the Judges of the Common Pleas. His most learned Book of The Pleas of the Crown , hath made him for ever famous amongst Men of his own Profession . There is a spirit of retraction of one to his Native County , which made him purchase Lands , and his Son settle himself in Straffordshire . This worthy Judge died Aug. 28. and was buried at Hadley in this Shire , in the last year of the reign of Queen Mary , 1558. King Iames had a Judge that would give no money , and King Henry had one that would take none . There have been those Lawyers that turned the point of Law upon the Law it self ; that wounded the Eagle with a feather from his own Wing , and stabbed the person of Princes with their Authority ; that dethroned Kings with a moot-point , and overthrowed a Government at a Reading . This Judge understood , that as the Law is the security of the people , so Prerogative is the strength of the Law ; and that that is the best temper of Government where Kings have so much power to do evil , that they may be able to do good . Miserable experience hath taught us , that since power hath been wrested from Princes , that neither they nor their people can ●e ●●fe , if both be not in such a way as the Law hath intrusted the publick safety and welfare ; which consists in a full power belonging to the King , to secure Liberties , preserve Property , and protect their People in the enjoyment of the fruits of their industry , and the benefit of those Laws to which themselves have consented . He sets himself good Rules , as well to create good presidents , as to ●ollow them ; reducing things to their first institution , and observing wherein and how they have degenerated : yet still taking counsel of both times : of the ancienter time , what is best ; and of the latter , what is fittest . He made his course regular , that Men might know what to expect ; but not peremptory , that Knaves might not know how to impose upon him : always expressing himself well , when he digressed from his Rule . Preserve the right of his place he would , but not stir Questions of Jurisdictions ; rather assuming his right in silence , and de facto , then voice it with claims and challenges . He directed in most Affairs , but was busie in none : none readier to give , none readier to take helps and advices . His speech was more discreet than eloquent ; rather particularly suitable to the present things and persons , than generally orderly and artificial . He could speak quick and deep too , never using many circumstances , lest he were tedious ; ever some , lest he were blunt : so warily did he deliver what he knew , that he was sometimes thought to know what he did not . He knew what might be said , so good his fancy ; and he knew what sho●ld be thought , so great his judgment : commanding the discourse where-ever he was , by that prudence that could bring it on and off ; and that variety that happily intermingled Arguments with Tales , Reasons with Opinions , and earnest with jest . His Decrees were the Hedges of Propriety , his Dispatches cool , his Cases rightly stated ; his Reports favour of Integr●ty and Prudence , of Books and Men. How discree●ly would he moderate the rigorous circumstances of petty and poenal Laws ! how exactly observe the design and drift of the more fundamental and reasonable ! Here no Intrigues to perplex , no Attendance to tire , no Hazards to discourage , no Checks or Delays to vex , no surreptitious advantages to surprize ; no defeats of hopes , or falseness of friends to disappoint ; no negligence of Agents , or interest of parties to betray ; no Oratory or Sophism to varnish or hide a matter : all things clear as Justice , and smooth as Integrity . By diligence and moderation , with their gentle degrees and augmentations , and his own watchful observance , he climbed to Excellency . A man is neither good , nor rich , nor wise at once ; it being a double work to be great : 1. To remove Obstruction , and accommodate Adversaries : 2. To watch and assume the advantage . What is longest in proving , is longest declining : the Rose that buds one day , withereth the ne●● The Oak that is an Age a growing , is five stanc●●●● He had those lower Virtues that drew praise from the Vulgar , which he neglected , ( knowing that they were more taken with appearances than realities ) he had middle that they admired , and good Men observed ; he had his highest Virtues , which they perceived , and great Men honoured : In a word , a fragrant fume he had , that filled all round about , and would not easily away . Although he despised the Flatterers praise , as base ; and avoided the Cunnings , as dangerous ; yet he would say of a deserved Fame , That being nothing , or but ayr at best , it doth all : for it 's sufficient to breed Opinion , and Opinion brings on substance . He observed of himself , that he came very hardly to little Riches , and very easily to great Riches : For when a Man's stock is come to that , as my Lord Verulam observes , that he can expect the prime of the Markets , and overcome those Bargains which for their greatness are few Mens Money , and be Partners in the Industries of younger men , he cannot but mainly increase with those two Advancers of Gain , 1. Diligence ; and , 2. A good Name . He hath left these two Principles behind him for those of his own profession● 1. That they should reduce every Statute to the Common Law and Custome whereon it is grounded . 2. That they should as well look into the History of former times ●or the Reasons and Circumstances of our Laws , as into their Law-books for the matter of them . Some Lawyers assert the Subjects Liberty , and retrench the Prerogative ( as too much power to be trusted for a mortal Man ) within the known Limits of Law , that so Subjects may be at a certainty How to square their Loyalty and Obedience . He always upheld that Prerogative , saying , That the discretion of the Scepter as Guardian for the general good of the Common-weal●h , must be trusted against all Emergencies , with the management of its own might : Concluding always thus ; Submission is our Duty , and Confidence our Prudence . Bishop Bancroft of Oxford said in King Charles the first his time , Eo tempore occubui quo mallem Episcopatus rationem coram Deo dare , quam Episcopatum coram hominibus exercere . Judge Stamford said in Q. Mary's time , In quae reservamur tempora ! dct Deus nt Magistratus rationem coram eo reddam potius quam Magistratum coram hominibus exerceam . His Book containeth two parts ; One of The Pleas of the Crown , the other of The Kings Prerogative . In him ( saith Mr. Fulbeck ) there is force and weight , and no common kind of stile ; in matter very few have gone beyond him , in method none have overtaken him : in the order of his writing he is smooth , yet sharp ; pleasant , yet grave : and surely his method may be a Law to the Writers that succeed him . Heavy saith he is the weight of innocent blood , consider we either the inward fears attending the guilt of it ; or the outward providence of God watching for the discovery of it ; one that was before him , having apprehended a Fishes head in the Platter , for the head of him whom he had murthered ; and another , after a horrid murther , being observed to have his Hand continually upon his Dagger . — Observations on the Life of Sir John Jeffrey . SIr Iohn Ieffrey was born in Sussex , where he left behind him a fair Estate to his Daughter . He so profited in the Study of our Municipal Law , that he was preferred secondary Judge of the Common Pleas , and thence advanced by Queen Elizabeth , in Michaelmas-Term , the Nineteenth of her Reign , to be Lord Chief Baron of the Exchequer : which place he discharged for the Term of two years , to his great commendation . He left one Daughter and Heir , married to Sir Edward Montague , ( since Baron of Boughton ) by whom he had but one Daughter , Elizabeth , married to Robert Barty Earl of Lindsey , Mother to the truly honourable Montague Earl of Lindsey , and Lord great Chamberlain of England . This worthy Judge died in the 21. of Queen Elizabeth . This was he who was called the Plodding Student , whose industry perfected Nature , and was perfected by experience . He read not to argue only ; for that is vanity : nor to believe and trust ; for that is easiness : nor to discourse ; for that is idle : but to weigh and consider ; for that is prudence . He had his Studies for pleasure and privacy , for ornament and converse , and for judgment and business . To spend too much time on his Book , was sloth ; to talk by Book , was affected ; and to act by it , was humoursome and Scholar-like . Four things he would say helped him . 1. His Inclination : ( It 's a great happiness to a Man ( saith Aristotle ) when his Calling is one of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of those things that agree with his n●ture . ) 2. Method . 3. Religion , with that just and composed mind that attends it . 4 , A great happiness in all the four faculties that make a Lawyer : 1. A sharp invention , and clear apprehension to search all the circumstances of a case propounded . 2. Judgment to examine and weigh the particulars invented and apprehended : ●or truth lieth in things , as Gold in Mines . 3. Memory to retain what is judged and examined . 4. A prompt and ready delivery of what is conceived and retained , set out with ingenuity and gravity . Oratio prompa non audax . What he said , was close and pinching , and not confident and earnest ; allowing passion not to disturb either the method or delivery of his discourse , but to quicken it . To speak well and much , he said , was not the work of one man : yet if a Philosopher be eloquent , said Cicero , we must not despise him ; if he be not , he must not affect it , so that he can comprehend in words what he conceiveth , and speak them plainly , that he may be understood . His Latine and French were Grammatical , his Rhetorick Natural , his Logick Reason : The first , opened the terms ; the second , pressed the Vigour ; the last , collected and disposed of the Axiomes , Grounds , and Rules of the Law , and all prepared him for that comprehensive Profession : in the ashes whereof , the sparks of all other Sciences were raked up . His gesture and habit was grave , but not affected : speaking as much to the eye , as his tongue did to the ear : ( the gesture being a great discoverer of the constitution , and a great direction to business : what a man misseth in the speech , he may sometimes ●ind in the looks . ) His temper was moderate and sober ; a Virtue , and a seasoning of all others , attended with the Lawyers gift , and that is Patience . Modest he was , but not fondly bashful ; his prudence , and not his softness . His humility begat affableness ; his affableness , society ; that , conference ; conference , parts , and they acquaintance ; and that , practice ; and practice , experience ; experience , renown ; and that , preferment . Sir Iohn's inclination was studious ; his mind , constant , solid , and setled , and able to dive into the Whirl-pools of that intricate and perplexed faculty ; his thoughts being orderly , and his conceptions methodical : his search comprehensive , avoiding Epitomes , as the banes of Learning . Nullu : illi per otium dies exit , partem noctium studiis vindicat ; non vacat somno , sed succumbit , & oculos vigilia fatigatos cadentesque in opere detinet . Considerable were the parts he had , but more so the making up of those he had not : his cover●ng of his defects being of no less importance than the valuing of good parts , which he did three ways : 1. By caution , ingeniously and discreetly waving and putting off things improper . 2. By colour , making his Defects his Virtues , and his Faults his Endowments . And , 3. By that freedom of Spirit that daunts the weakest , and prevaileth with the wisest . He proposed to himself five things to enquire into , in order to that compleatness he arrived unto : 1. The ancient Maximes and Principles , or the more ancient Customs that make up the Common Law of England . 2. The Acts and Constitutions that make up its Statute-Law . 3. The particular Priviledges , Liberties , Immunities and Usages of Counties , Burroughs , Cities , &c. that do swerve from this Law. 4. The ancient Grounds and Reasons ( as far as History can direct ) of all these : our Law being an exact Reason . 5. The most satisfactory explanations of the Law : 1. From Commentaries , as Bractons : 2. Abridgments , as Stathams : 3. History , as the years and terms of the Common Law : And 4. From more particular Tracts , that handled their peculiar subjects , as Fortescue , Glanvil , Britton , Fleta , Littleton , which he thought not unprofitable to read , though dangerous to rely upon : ( with the Lord Cooke , not liking those that stuff their mindes with wandering and masterless reports : For , as he said , they shall find them too soon to lead them to error : ) Beginning with the terms of Art , and then to the matter ; perusing what is antiquated , and observing what is suitable to the present constitution and complexion . It 's my Lord Cook 's Rule , That for the most part the latter Judgments and Resolutions are the surest , and therefore fittest to season a man withal in the beginning ; both for settling of his Judgment , and retaining them in memory ; yet as he goeth on , out of the old fields must spring and grow the new Corn. Our Lawyers course was slow and leisurely , his reading digested and deliberate : His considerations wary , and distrust his way to knowledge . He that begins with certainties , ends in doubts : and he that begins with doubts , ends in certainties , and looketh into t●e bo●●●m of things . Upon serious and solid Books he bestowed a double reading ; the one cursorily , by way of p●eparation ; and the other exact , by way of digestion . Three things made him a Pleader : 1. Reading . 2. Observation . 3. Exercise . And indeed , in ancient times , the Sergeants and Apprentices of Law did draw their own pleadings , which made them good Pleaders . He observed the affections , the intent , the analogy , the validity of the Law , putting all his reading to writing ; having the places he was most to handle in all the variety that could be , with his Rules and Maximes , as far as reading , hearing , meditation , conference and memory could help him . Thus his fi●st thoughts were upon his Profession , until that advanced him to the highest Eminence ; and his last upon his Interest , until that was improved to as much fortune as lieth in a well-laid Estate and Alliance . The End of the Observations upon the Lives of the Statesmen and Favourites of England , in the Reign of King Edward the Sixth . Books Printed for Samuel Speed Book-seller , near the Royal Exchange . PHaramond , the famed Romance in Folio , written by the Author of those other two eminent Romances , Cassandra and Cleopatra . Palmerin of England in three parts , in Quarto . The Destruction of Troy in three parts , in Quarto . Quintus Curtius , his Life of Alexander the Great in English , in Quarto . Montelion , Knight of the Oracle , in Quarto . Primaleon of Greece , in Quarto . The Jewel-house of Art and Nature , by Sir Hugh Plat , in Quarto . The Womans Lawyer , by Sir Iohn Dodridge , in Quarto . Divine Law , or the Patrons Purchaser , by Alexander Huckston , in Quarto . The Compleat Parson , by Sir Iohn Doddridge , in Qu. Star-Chamber Cases , in Quarto . Actions of the Case for Deeds , by William Shepheard Esquire , in Folio . The Life of Henry the Great in English written by the Bishop of Rhodez , in Octav. The Villain , a Tragedy , by Tho. Porter Esquire , in Quarto . Observations on the Statesmen and Favourites of England since the Reformation , their Rise , and Growths , Prudence , and Policies , Miscarriages , and Falls , during the Reigns of Henry the eighth , King Edward the sixth , Queen Mary , Queen Elizabeth , King Iames , and King Charles the first , in Octav. by D. Lloyd , A. M. The Precedency of Kings , in Folio . by Iames Howel Esquire . The Description of Tangier , with an account of the Life of Gayland , Usurper of the Kingdom of Fez , in Quarto . The Golden Coast , or a Description of Guiney , in Quarto . An Abridgement of the three Volumns of Sir George Crookes Reports in Octavo . An Abridgement of the Reports of Sir Francis More , in Octavo . The Compleat Lawyer , by William Noy of Lincolns-Inne , in Octavo . The Tenants Law , a Treatise of great use for Tenants and Farmers of all kinds , and all other persons whatsoever . Wherein the several Natures , Differences , and kinds of Tenures and Tenants are discussed , and several Cases in Law touching Leases , Rents , Distresses , Replevins , and other accidents between Landlord and Tenants ; and Tenant and Tenant between themselves and others , especially such who have suffered by the late conflagration in the City of London , by R. T. Gent. in Twelves . Memories of the Lives , Actions , Sufferings , and Deaths of those Noble , Reverend , and excellent Personages that suffered by Death , Sequestration , Decimation or otherwise , for the Protestant Religion , and the great Principle thereof , Allegiance to their Sovereign , in our late intestine Wars , in Folio ; by D. Lloyd . A. M. Arithmetical Recreations , by W. Leybourne , in Twelves . The Reports of Sir Henry Hobart , in F. The Compleat Copy-holder by the Lord Cooke , in Octavo . Machiavels Discourses , and Prince , in Twelves . The Roman History of Lucius Florus in English , in Octavo . The City and Country Purchaser , and Builder ; with directions for purchasing , building , and improving of Lands , and Houses , in any part of England , in Octavo , by Stephen Primate Gent. A brief Chronicle of the late intestine War , in the three Kingdoms of England , Scotland , and Ireland , from the years of our Lord , 1637. to the year 1663. in Fol. by Iames Heath Gent. The new Academy of Complements erected for Ladies and Gentlemen , containing variety of Complements , and Letters fitted to the occasions of all persons of both Sexes , with an exact Collection of the newest and choicest Songs a la mode , both Amorous and Jovial , in Twelves , Systema Agriculturae , being the whole Mystery of Husbandry , made known by I. W. Gent. in Folio . The Kings Primmer , containing easie and pleasant directions for the reading of English , in Thirty two . Kings Psalter , stored with observable varieties , fit either for the School , or for the Closet , all which are profitable , plain and pleasant , in Octavo . The Life and Death of that matchless Mirrour of Heroick Vertues , Henrietta Maria de Bourbon , late Queen to King Charles the first , and Mother to the most Magnificent Prince , King Charles the second , in Twelves . An Advertisement . To all Gentlemen , Booksellers , or others . WHereas Samuel Speed Bookseller , hath lately disposed himself to a whole-Sale trade for Books , not making any appearance of that imployment , as ●ormerly he did . These are to Certifie , That those persons that please to apply themselves to him for Books , shall be as well used as by any person whatsoever : and whosoever hath any Study , or Library of Books , or Copies , either in Manuscript , or such as have been already Printed , to dispose of , shall receive from him the full value thereof , to the said Parties ample satisfaction . FINIS . THE States-Men & Favourites OF ENGLAND , IN The Reign of Q. MARY . Observations on the Life of Sir William Cordel . SIR William Cordel , where ever he was born , had a fair Estate at Long-Melford in Suffal● , and lieth buried in that fair Church , under a decent Monument : We will tran●late his Epitaph , which will perfectly acquaint us with the great Offices he had , and good Offices he did to Posterity . Hic Gulielmus habet requiem , Cordelliae avito , Stemmate q●i elanus , cla●i●r inge●io : Hi● Studiis primos consumpsit fo●titer dunos , Mox & causarum stren●●● actor erat● Tanta illi doctrina inerat , facundia tanta , V● Parlamento publica linguaforet : Postea factus Eques , Reginae arcana Maria Con●ilia , & Patriae grande subibat opus . Factus & est Custos Rotulorum ; urgente senecta , In Christo moriens cepit ad astra viam . Pauperibus largus victum vestemque ministrans , Insuper Hospitii condidit ille domum . " Here William Cordel doth in rest remain ; " Great by his Birth , but greater by his Brain : " Plying his studies hard , his youth throughout , " Of Causes he became a Pleader stout , " His Learning deep such Eloquence did vent , " He was chose Speaker to the Parliament : " Afterwards Knight Queen Mary did him make , " And Counsellour , State-Work to undertake ; " And Master of the Rolls : Well-worn with Age , " Dying in Christ , Heaven was his utmost Stage . " Diet and Clothes to poor he gave at large , " And a fair Alms-House founded on his charge . He was made Master of the Rolls November the fifth , in the fifth of Queen Mary , continuing therein till the day of his death , the 23 of Queen Elizabeth . Eight weeks and upwards passed between the Proclaiming of Queen Mary , and the first Parliament by her assembled ; du●ing which time , two Religions were together set on foot , Protestantism and Popery ; the former hoping to be continued , the latter labouring to be restored : And as the Jews Children after the Captivity spake a middle Language , betwixt Hebrew and Ashd●d ; so during the foresaid Interim , the Churches and Chappels in England had a mixt celebration of their Divine Service between Reformation and Superstition : The ●ame day there was a Mass sung for Edward the Sixth's soul in the Tower , and the English Service for his Burial in Westminster . No small justling was there between the zealous Promoters of these contrary Perswasions : The Protestants had the Law on their side , and the Papists the Prerogative : These the Queens Opinion , the other her Promise . Besides , seeing by the Fidelity of the Suffolk and Norfolk Protestant Gentry , the Queen was much advantaged for the Recovery of her Right ; they conceived it but reason , that as she by them regained the Crown , so they under her should enjoy their Consciences : Thus it is in the Evening Twilight , wherein Light and Darkness at first may seem very equally marched , but the later in a little time doth wholly prevai● . The Catholick canvass for the next Parliament , upon the Queens credit and authority● the Reformed , upon the Nations Inclination . The Body of the Kingdom meets , and chuseth our Knight for Speaker , whose temper was a Representative of the Parliament , as that is of the Kingdom : A temper made up of an equal mixture of Loyalty and Piety , that could at once stand to their Religion , and submit to their Soveraign ; Render to Caesar what was Caesars , and to God , what was Gods : Long did he expect that the Queen would comply with the Parliament , and as long did she , stay for their compliance with her : Unite they could not unanimously among themselves , dissolved they are therefore peaceably by her . But Cordel was too Popular to be neglected , and too honest to be corrupted : Useful Parts will finde Preferment , even when the Dissenting Judgement findes not Favou● . The Speaker of the unhappily healing Parliam●nt was made Master of the Rolls in Queen Maries days , and of a more happily healing one was made so in Charles the Second's Reign : The one was of that Primitive Faith that was before the Modern names of Papists and Protestants ; the other of a Moderation that was elder than the new Heats of Disciplinarians and Anti-Disciplinarians . The miscarriages of Authority are chiefly six● 1. Delay . 2. Faction . 3. Roughness . 4. Corruption . 5. Ambition . And 6. Private Designs . No delay hindred : where set times of hearing were observed , access was easie , the order and method of business uninterrupted . No corruption , where there durst be no suspicion of it ; insomuch as that it was heinous to offer a Bribe to him , as to take it in another . Here was severity that awed men to a discontent , but no austerity that sowred them to discontent ; all was smooth and grave , pleasing and becoming , yet nothing easi● or soft ; it being worse to yield to importunities that are dayly , than to be bought with money , which comes but seldom . V●rtue in Ambition is violent , but in Authority , as here , it was calm and settled . He ●ided with no Faction in his rise , but balanced himself by all : He had no design when he lived , but to be spent in the Publick Service ; and none when he dyed , but to spend himself in publick charity , a charity that is at once the continued blessing and grace of that worshipful Family . Cato Major would sa● , That wise men learn more of fools , than fools do of wise men : And King Charles the first would say , That it was wisdom in fools to jest with wise men , but madness for wisemen to iest with fools : And Sir william Cordel bequeathed us this O●servation , There is no man that talks , but I may gain by him ; and none that holds his to●gue , but I may lose by him . Observations on the Life of Sir Anthony Cooke . SIr Anthony Cooke , gre●t Grandchilde to Sir Thomas Cooke Lord Mayor of London , was born at Giddy-Hall in Essex , where he finished a fair House begun by his great Grandfather , as appeareth by this Inscription on the Frontispiece thereof : AEdibus his frontem Proavus Thomas dedit olim , Addidit Antoni caetera sera manus . He was one of the Governors to King Edward the ●ixth when Prince , and is charactered by Mr. Cambden , Vir antiqua ●erenitate . He observeth him also to be happy in his Daughters , learned above their Sex in Greek and Latine : namely , 1. Mildred married unto William Cecil , Lord Treasurer of England . 2. Anne married unto Nicholas Bacon . L. Chancellour of England . 3. Katherine married unto Henry Killigrew , K t 4. Elizabeth married unto Thomas Hobby , K t 5. 〈◊〉 married unto Ralph Rowlet , K t Sir Anthony Cooke dyed in the year of our Lord 1576. leaving a fair Estate unto his Son , in whose name it continued till our time . Gravity was the Ballast of his Soul , and General Learning its Leading . In him met the three things that set up a Family . 1. An Estate honestly gotten in the City . 2. An Education well managed in the University . And , 3. Honor well bestowed at Court. Yet he was some-body in every Art , and eminent in all the whole circle of Arts lodging in his soul. His Latine , fluent and proper ; his Greek , critical and exact ; his Philology , and Observations upon each of these Languages , deep , curious , various and pertinent : His Logick , rational ; his History and Experience , general ; his Rhetorick and Poetry , copious and genuine ; his Mathematicks , practicable and useful . Knowing that souls were equal , and that Women are as capable of learning as Men , he instilled that to his Daughters at night , which he had taught the Prince in the day ; being resolved to have Sons by Education , for fear he should have none by birch ; and lest he wanted am ●eir of his body , he made five of his mind , for whom he had at once a Gavel-kind of affection , and of Estate . His Childrens maintenance was always according to their quality , and their employment according to their disposition ; neither allowing them to live above their fortunes , nor forcing them against their natures . It is the happiness of Forreigners , that their Vocations are suited to their Natures , and that their Education seconds their Inclination ; and both byass and ground do wonders . I●s the unhappiness of Englishmen , that they are bred rather according to their Estates , than their temper ; and Great Parts have been lost , while their Calling drew one way , and their Genius another ; and they sadly say , Multum incola fuere animae nostrae , We have dwelt from home . Force makes Nature more violent in the return ; Doctrine and Discourse may make it less importune ; Custom may hide or suppress it , nothing can extinguish it : Nature even in the softer Sex runs either to Weeds or Herbs : careful was this good Father therefore , seasonably to water the one , and destroy the other . Much was done by his grave Rules , more by his graver life , that Map of Precepts . Precepts teach , but Examples draw . Maxima debetur pueris reverentia , was Cato's Maxime . Three things there are before whom ( was Sir Anthony's saying ) I cannot do amiss● 1. My Prince . 2. My Conscience . 3. My Children . Seneca told his Sister , That though he could not leave her a great portion , he would leave her a good pattern . Sir Anthony would write to his Daughter Mildred , My example is your inheritance , and my life is your portion . His first care was to embue their tender souls with a knowing , serious and sober Religion , which went with them to their graves . His next business was to inure their young●r years to submission , modesty and obedience ; and to let their instructions grow with their years . Their Book and Pen was their Recreation ; the M●sick and Dancing School , the Court and City , their accomplishment ; the Needle in the Closet , and House-wifry in the Hall and Kitchings their business . They were reproved , but with reason that convinced and checked , that wrought aswell an ingenious shame , as an unfeigned sorrow , and a dutiful fear . Fondness never loved his Children , a●d Passion never chastised them ; but all was managed with that prudence and discretion , that my Lord Seymor standing by one day when this Gentleman chi● his Son , said Some men govern Families with more skill than others do Kingdoms ; and thereupon commended hi● to the Government of his Nephew Edward the sixth . Such the M●j●stie of his looks and gate , that A●● governed ; such the reason and sweetness , that love obliged all his Family : a Family equally afraid to displease so good a Head , and to offend so great . In their marriage they were guided by his Reason , more than his Will ; and rather directed by his Counsel , than led by his Authority . They were their own portion : Parts , Beauty and Breeding bestow themselves . His care was , that his Daughters might have compleat M●n , and that thier Husbands might be happy in compleat Women : neve● promising , yet always paying a great Dowry . Their spirit and business kept them from that weak p●ssion of love that embaseth Mankind● their Noble converse improved that friendly love that perfecteth it ; and their marriage compleated that Nuptial love that makes it . He said first , and his Grand-childe my Lord Bacon after him , That the Ioys of Parents are Secrets , and so are their griefs and fears , Children swe●ten Labours , but they embitter Misfortunes : they encrease the care of Life , and mitigate the remembrance of Death . Very providently did he secure his Eternity , by leaving the image of his nature in his Children , and of his mind in his Pupil . The Recreations he indulged were moderate , lawful , sober , becoming , useful , and seasonable : the Expences he allowed , not so illiberal as to acquaint them with shifts , make them sort with mean company , nor surfeit when they came to plenty ; nor yet so prodigal , but that they were taught how to live in the world . The Books he advised were not many , but choice : the business he pressed was not reading , but digesting . The King of Sweeden's men were but six deep ; and Sir Anthony's exercises were not thick , but methodical and armed : the Die : he prescribed , moderate : in Apparel he allowed for necessity , for decency , and in some cases for magnificence , provided that it were neither too costly , nor too vain● neither above the Purse , nor beyond the Calling , nor besides the Estate . Sir Anthony took more pleasure to breed up States-men , than to be one . Contemplation was his Soul , Privacy his Life , and Discourse his Element . Business was his Purgatory , and Publickness his torment : yet so serviceable was he in Edward ●he sixth's time , that he was an Exile in Queen Maries . What though he and others were useful and peaceable in the Commonwealth ? What though they were sound in the Faith , and cordially imbracing the Doctrine of the Catholick Church ? What though those in this condition were many , and such as in whose peace and industry the welfare of the whole Nation was exceedingly concerned ? What if they offered to be instructed by any who would take that work upon them , in the things about which their differences are ? What if they plead conscience towards God , and that alone , in their dissent , it being evidently against their whole Temporal interest ? What if they have given evidence of their readiness in the ways of Christ and the Gospel , to oppose even error that seemed pernicious to the souls of men , or of an evil Aspect to Publick peace and tranquility ? all is one , they are upon some odde jealousies of future events to be forborn , neither joyntly nor severally , no one nor all of them in a case that concerns the interest of a predominant party , though the hands of a thousand be by those means taken off from labour , their stocks from employment , their minds from contrivances of industry in their own concerns , the revenues of those under whom they live decay'd ; in all which the common good hath no small interest , fulness and plenty in the mean time diverting the thoughts of such who might remedy these things , before the stock of the Nation is wasted , and the affairs of it intangled beyond remedy , from taking notice of them , or keeping off any impression on their minds and judgements , from what is represented concerning them ; though men should look well to the ground of their actings , in things wherein they proceed against the common consent of mankind , expressed in all instances of the like occasion , that have occurred in the world ; which is as great an evidence of the light and Law of nature , as any can be obtained : For what all men generally consent in , is from the common nature of all , who have by a common experience found , that the inward power of R●ligion always prevailed upon the world , and its greatest opposition , more than any outward force : And men do not consider aright , what a secret influence into the enervating of Politick Societies , such Intrenchments upon the principles of the light of nature will assuredly have : for those things which spring up in the minds of men , without arguing or consideration from without , will insensibly prevail in them against all Law and Constitution to the contrary , force from the prevalent i●fluence of a particular interest to the contrary , — P●ssimus diuturnitatis Custos — will not always prevail , nor ever at any time , without great regret and commotion in the minds of men , who have no concern in that interest , but act unavoidably according to that principle which sooner or later will perform i●s work ; which is to make a judgement of a mans self and his actions , with reference to the future judgement of God , which men must be suffered to do ( notwithstanding the abuse of that pretence of Conscience by brain-sick or Enthusiastick persons in their Paroxisms , which is to take no place in consideration of what becomes a guidance of the actions of Mankind one towards another ) in things belonging properly to its cognizance ; unless , which all that have exercised any r●flect acts upon themselves , and know that neither they nor others can ; and that God himself ( who procures the assent of men onely by conviction and evidence to what he revealeth ) will not for●e mens minds . A wicked design it is of putting our Gods great Vice-gerent out of his place and Throne , and to act not in a pious way of Imitating the holiness , wisdom and clemency of God , in an ambitious way of usurping his Soveraignty , who yet enjoyneth not the belief of any thing he proposeth as an object of Faith ; nor obedience in any thing which he commandeth , as matter of duty , till he hath given , what no man can , sufficient evidence of reason for the one ; and warrantry of Authority for the other ; for Religion is a matter of choice , and he that chooseth not his Religion hath none . Alledge , that any sort of men may act otherwise , and impose upon men practices , without refe●ence to the judgement of God , is to suppose , that he hath set up an authority against himself ; provided that the pretences of Conscience , shrowd not any practices that may interfere with the common light of Nature or Reason of Mankind , the Fundamental Articles of Christian Religion , Moral honesty , Civil Society , and Publick Tranquility , the Church and Commonwealth standing on the same bottom , and their interest being of the same breadth and length , and to be mutually narrowed or widened by each other , like Hippocrates his Twins , not onely being born and dying , but laughing and crying together , as equally affected with their mutual concerns . I mean , those most fixed and considerable : otherwise to build the unchangeable interest of a Na●ion , which should be obnoxious to nothing , but the over-ruling Providence of the most High , much less to the impressions of various opinions , which will alway be in the world , upon Laws mutable and changeable , according to mens experience of their use or inconvenience : And though various state of things , is a thing of so evil an aspect toward the solid foundation of the Polity of that Nation , in shaking its settlement in the minds of men , and as things may happen , narrowing its interest unto a scan●ling unproportionate unto its Superstructure , as undoubtedly , those who are principally concerned that the Kingdom should not be a floating Delos , are obliged not to admit an avowance of it , being dangerous , and scarce consistent with the prudence that should steer the peace of the world , to bring any one of the numerous and disputable apprehensions , that will be likely to the end of the world among men , to be the Constitution of a Government , as to its Civil interest , to which otherwise all men of all persons profess they are born , and indispensably engaged to an obedience to and observance of , as exposing that ( an awful reverence whereof groweth up with all men , their Temporal concerns being wrapped up in it , so far as to free it ) to all the uncertain events of Religious Controversies , especially when the principles owned by the Government , and suited to the interest of a few men , are so far from being diffused among a people , that the greatest part of them must unavoidably , and will resolvedly di●sent from them , who otherwise acquiesce in the Civil Government ; and abating those opinions of not great concernment , as to the substance of Religion , or the peace of the Nation , are willing to their utmost endeavours to the welfare thereof , which is hoped consisteth not in the impossibility of a precise determination of the differences in the minds and Consciences of men , who are generally confirmed in their own perswasions , and into a further alienation from the things they are compelled to by compulsion and penalties ; and who if brought to an outward Conformity , without inward perswasion , without which rigour hath little influence on the minds of men , will not be wanting to any opportunity offered , to ease themselves of a condition , which being contrary to their strong inclination , they will cast off , as we have known thousands do , as their insupportable burthen . Experience hath baffled the attempt of rigour and imposition , without reason and inward satisfaction , it never succeeding any where to extinguish the perswasions and opinions it was designed to extirpate , which returned in a short space to make it manifest , that violence hath onely laid in provisions for future troubles , oppositions and animosities , by ruining some , provoking many , obstructing trade , by discouraging and hindring men to exercise their faculties or stocks , inforcing few to an hypocritical compliance , compassion stirr'd up in all who after the su●siding of the impetuous impressions of provocations , abhor severity about small opinions , so deeply rooted in the minds of men for a long time with great success and advantages against men , come up to a resolution to suffer , as appears every day by what they suffer , and forget the utmost of their earthly concerns , than live and dye in an open rebellion to the commanding light of God in their Consciences ; and think it strange , that noble disposition , thoughts , counsel and care in uniting men by Indulgence to Loyalty and Gratitude ( which can be united to nothing else , save an unanimous discontent under the impositions they may undergo ) should be all sacrified to the interest or prejudices of any one party of men whatsoever , upon pretence of that tranquility and peace , to which there is not a greater enemy , than the fears and restlessness of oppressed multitudes ; nor a better friend , than the satisfaction and contentedness of all men , having no fears when indulged , but of the disturbance of the Government , which hath by its condescensions , secured to them all their principal Interests in the world , and made it unlikely , that if they have any Conscience , which their great sufferings give evidence of , or reason , they will joyn with any sort of men to trouble that State of things , wherein they have that Liberty , which they have been taught to value , by their miserable condition under the want of it : A way of obliging , real , sensible and effectual to many thousands , without the least semblance of difadvantage to any one man : Yea , attended with assurance of peace to all , ●upon the admission of counsels impartially tending to the good of all , un-influenced by a mixture of fears and jealousies , against which former settlement were established● Res durae & regni novitas cum talia cogunt . Contrary to that experience , and those second thoughts , which a new consideration of things may suggest unto them , to alter their resolutions in compliance with the alteration of affairs , always provided , it be in subordination to the great Establishment , which may be secured by the truth and order settled in it , the abilities and worth of it , the publick favour of Authority , the persons maintaining it , the legal priviledges and encouragements promoting it ; the supposed inconsiderableness of the persons opposing it , and the things for which they do it , the great inconveniency , disadvantage and charge of carrying on the dissenting , though indulged ways if it have any foundation in the Consciences or minds of men , and stand not onely , which is a secret not to be published , on the props of Law and Power : It being ( whatsoever some may imagine , who have scarce a better argument of the truth of their own Religion , than their inclination to suppress those of the contrary ) s● far from being an evidence of truth in any , that they are ready to destroy those who are otherwise minded , that it is a sign of error and superstition , which being conscious of its own weakness , is generally heightned to more or less cruelty and revenge , according as men by them are steeped in folly and blindness , I●m●rtale odium , & nunquam sanabile bellum Ardet adhuc Ombos & Tentyra● summus utrinque Indè furor v●lgo quod ●●mi●a vicinorum Odit uterque locus — and what was the ground and occasion of the quarrel ? — Croeodilon adorat Pars haec , illa pavet saturam Serpentibus ●bin . All other Nations , as France , Holland , Poland , the Palatinate , Brandenburgh , Hastia , some parts of Denmark , the Empire , and most of the free Cities of it , indulging their numerous and divided Dissenters , upon ●heir sustaining all Offices and burthens in the Commonwealth equal with others , with a freedom from Ecclesiastical Courts , Censures , Offices , and all penalties for their dissent , and an allowance for the Worship of God in their own Assembly , provided by themselves , and known to the Magistrates under whose Jurisdiction they are ; though considering the temper of the people of this Nation , the impression of the principles of dissent , in multitudes ; the resolution that their spirits are raised to ; the value they put ●p●n their Consciences , and liberty of it , there is no people under Heaven , to whom forbearance would he more welcome , useful , acceptable , or more sulservien● to Tranquility , Trade , Wealth and Peace . An Exile , whose exemplary resolution supported Religion , whose obliging Authority maintained Peace , and whose inexhaustible Charity provided for the poor at Zurick and Fran●ford . A Sussex ( and not a Kentish ) Knight , having spent a great Estate at Court , and brought himself to one Park , and a fine House in it , was yet ambitious to entertain not the Queen , but her Brother at it ; and to that purpose had new-painted his Gates with a Coat of Arms , and a Motto overwritten , thus , OIA VANITAS , in great Golden Letters : Sir Anthony Cooke ( and not his Son Cecil ) offering to read it , desired to know of the Gentleman what he meant by OIA ? who told him , it stood for Omnia . Sir Anthony replied , Sir , I wonder having made your Omnia so little as you have , you notwithstanding make your Vanitas so large . King Edward would say of his Tutors , That Radolph the German spake honestly , Sir Iohn Cheek talked merrily , Dr. Coxe solidly , and Sir Anthony Cooke w●ighingly : A faculty that was derived wi●h his blood to his Grandchilde Bacon , which informs the world of this great truth , That Education doth much towards Parts ; Industry more ; Converse , Encouragement and Exercise , more yet ; but a sound temper and nature , an wholesome blood and spirit , derived from healthful and well-constitutioned Parents , doth all . Observations on the Life of Sir David Brooke . DAvid Brooke Knight , born at Glassenbury , Son to Iohn Brooke Esq who was Serjeant at L●w to King Henry the Eighth . Our David was also bred in the Study of our Laws , and in the first of Queen Mary was made Chief Baron of the Exchequer : but whether dying in , or quitting the place in the first of Q●een Elizabeth , I am not informed . He married Katherine Daughter of Iohn Lord Chandois , but dyed without issue . A Lawyer , and a Lawyers son ? yet one whose zeal for the Religion of that time advanced , rather ●han his Law ; to serve rather his Princes interest , than his Court ? that being the happy , shall I say ? or unhappy time , when the Soveraign and the State did often consult with Judges , and the Judges more often consult with the Sovereign and State. Yet although a particular respect raised , a general fair carriage kept him up ; He observed not onely things , but times ; not onely times , but persons : therefore when old Po●nal Laws came before him , he confined them in the execution , that that which was made for terror , should not be for rigour ; and the Instrument of Government should not be the snare of the People . When Informers of that Court were too busie , he checked them : when violent prosecution , cunning advantages , combinations , power , or great counsel balanced an honest cause , he set all things even . His invention was good to improve his Mistresses Revenue , his conscience was as tender to diminish it . Q. Mary was ready of her own inclination , but readier upon Sir David Brookes motion , to part with the Church-Profits . Patient and grave he was in hearing , sparing and weighty in speaking : None would direct an Evidence more orderly , none moderated the length or impertinency of Pleaders more discreetly ? None would recapitul●●●e , select , collate the material points of what had been said , more exactly ; none gave judgement more satisfactorily , always commending a good Lawyer that miscarried ; a good way to uphold in the Client the reputation of his counsel , and beat down in him the conceit of his cause . He dyed with some projects in his breast for the Revenue , and some for the Law ; whereof one was a composition for the Purveyances , and another a regulation of the Wards : both at that time thought , till regulated , as unprofitable for the Crown , as they seemed to be burthensome to the subject . He had a close way of discovering Concealments , as he had a severe one of punishing frauds . His word was , One Law executed , is worth twenty made . None more austere in case of others wrong , none more mild in that of his own ; and he would say , What is done , is done . Weak men concern themselves in what is past , while the wise take care of what is present and to come . If a man wrongeth me once , God forgive him ( saith the Italian : ) if he wrongeth me the second time , God forgive me . Others may be even with their enemies in r●venge , he would be above them in forgiveness . An enemy , I say , though otherwise to a perfidious and unworthy friend , he was much of Cosmus Duke of Florence his temper , who said , You shall read that we are commanded to forgive our enemies , but you never read that we are commanded to forgive our friends . Many have in veighed against Usury , none have done more against it than this Knight ; who if he had lived , was resolved to reduce it to these Rules . 1. That it should be declared unlawful . 2. Being declared so , if any practised it ( as men must do , or Traffick will fall ) that there should be a penalty upon the Usurer , which might amount to an Excise or Custom that would arise from that money , if employed in merchandize . 3. That yet if any exacted above five in the hundred , they should lose the principal . A rate that on the one hand would keep up the necessary Commerce of Lending and Borrowing among the Old and the Idle , and yet direct men to that more ne●essary of buying and improving Land , and other Commodities that are more industrious and ingenious . 4. That none yet presume this , but in some principal places of merchandizing : for then ( as my Lord Bacon hath projected it ) they will hardly be able to colour other mens money in the Country : for no man will lend his money far off , or put it into unknown hands . Or , Lastly , That there be no money lent out upon terms but to the State , which may make its advantage of it . Indeed , considering on the one hand that Usury decayeth the Kings Custom , bringeth money to few hands , damps Industry and Invention , beats down the price of the land , and by eating up private Estates , breeds a publick poverty : It were to be wished it were forbidden . And on the other , That Borrowers trade most ; that , No usury , no young Merchants ; that , Without usu●y men must sell their Estates at under-rates , more sad than usury ; that , No borrowing , no living ; no usury , no borrowing : It were wished it were regulated , so that the inconveniences of it were avoided , and the advantages retained , and extort●on be checked , as Traffick is encouraged . Thus he that hath no private care , advanceth the publick Good , and the childless man is most thoughtful for Posterity : Certainly the best Works and of greatest merit for the Publick , have proceeded from the unmarried , or the childless man ; who both in affection and means have married and endowed the Publick : He that hath Wife and Children , hath given Hostages to Fortune : For they are Impediments either to Vertue or Mischief . A fat man in Rome riding always upon a very lean Horse , being asked the Reason thereof , answered , That he fed himself , but he trusted others to feed his Horse . Our Judge being asked what was the best way to thrive ; said , Never do anything by another , that you can do by your self . Observations on the Life of Doctor Thomas Wilson . THomas Wilson born in Lincolnshire , was Doctor of Laws , bred Fellow of Kings Colledge in Cambridge , and afterwards was Tutor in the same University to Henry and Charles Brandon , successively Dukes of Suffolk . Under Q●een Elizabeth he was made Maste● of the Hospital of S. Katherines nigh the Tower of London . At last he became Secretary of State to the Queen for four years together . He dyed Anno 15. To whose various and yet deep knowledge , not of the surface of Arts and Sciences for shews , but of inside and ground of them for use , not onely apprehending the frame , but perceiving the power and importance of them . There is no character that ever I read , so agreeable as that which the most Eloquent Cicero gave the most Learned Varro , Tu aetatem patriae , tu descriptiones temporum , tu sacrorum jura , tu sacerdotum , tu bellicam disciplinam , tu sedem regionum , locorum , tu omnium divinarum , humanarumque rerum nomina , genera , officia , causas aperuisti ; plurimumque Po●tis luminis attulisti , elegans poema fecisti , Philosophiamque multis locis inchoasti . An argument of a great capacity in a man of his great place , and greater Imploymen● ; whose candor was yet equal with his parts , ingenuously passing by the particular infirmities of those who contributed any thing to the advancement of a General Learning ; judging it fitter that men of abilities should joyntly engage against ignorance and Barbarism , than severally clash with one another● giving this advice to all men concerned in publick Writings , that they might avoid both cens●re ●rom others , and trouble to themselves , temperanter rem gero : and this he recommended , not only to Scholars in general , but to some peculiarly discreet persons in particular ; knowing that that which toucheth all , usually reacheth none : admonishing l●k●wise his friends , to use no words , but such as had some correspondent things , and to take care that their conceptions should answer their expressions ; there having been of late in the world , a way of Learning that overthrew Knowledge , consisting of opinions remote from mens cogitations , which men spake , but thought not , thinking they had invented new things , when they found out new words . The reason why his Writings excelled so much in the worth and use of the subject ; in the exactness of the method , in the ingenuity of the design , and in the temper of the Writer , who discoursed not , but demonstrated , framing first the disordered minds of men to an exact way of reasoning , and afterwards digesting things to a strict form of argument ; which a man learneth not from Precepts , but by use , and reading such Books as are compiled , not with a loose fancy , but a severe reason , especially suck Politick Books as are made up of experience , which is our recollecting of things past ; and prudence , which is our expectation of things to come , according to our experience of things past , especially such as have the happiness of perceiving things exactly as they are , and expressing them clearly and orderly as they conceive them . He had the breeding of Courtiers so long , until he was one himself : At once reading Machiavel for my Lord Burleigh's Instruction , and observing it for his own use . His Parents designed him for study , his nature for business . His presence assisted his inclination , and his complisance his presence ; and his good nature , both : A good nature that would have spoiled a Politician in any other but Doctor Wilson , whose wisdom was the largeness of his Soul , not the narrowne●s of a shift . He had that comprehensive and penetrating judgement , that he could at once shew the greatest prudence in laying his design , and the greatest Integrity in managing it , as rather securely knowing , than warily close . But he that is onely real , had need have exceeding great parts of Vertue ; as the Stone had need be rich , that is se● without foil : Therefore he was something a Courtier . There are small matters that win great commendation , because they are continually in use ; whereas the occasion of any great action cometh but on festivals , and it is enough to attain so much ceremony and courtship , not to despise it . He had a way of conveying effectual and imprinting passions among complements , suitable to persons and business : He had his familiarity to Inferiors , that made him not cheap : his state among Equals , that made him not envied : and his observance to Superiors , that made him no Flatterer : His behaviour like a well-made suit , not too strait , or point-device , but justly measured , and free for exercise or motion . He had a slow , but a sure way to honor , which was nothing else in him but a discovery of his Vertues and Worth upon any occasion , without any disadvantage . It was his interest as well as his gift , to be more learned than witty , more reverend than plausible , more considerate than active . His thoughts were as his inclination , grave ; his discourse as his reading , subtile ; his actions as his Education , well weighed , regular as his temper , even and smooth as custom , and resolved as a habit gotten in that advancement of vertue , a well-disciplined Society ; where Example teacheth , Company comforteth , Emulation quickneth , Glory raiseth : None had a more skilful method to sway nature in others , none more prudent minut●s and seasonable degrees to check it in himself ; his Rule being , Never to practise any thing until perfect : for so he might exercise his we●kness as well as his abilities , and induce one habit of both . Three things he aimed at : 1. The search of Truth by Industry . 2. The attainment of it by apprehension . 3. The enjoyment of it by assent . He is a happy man that is above the troubled and confused Regions of Opinions , Fancies , Preposs●ss●ons , in that clear and undisturbed one of Truth and Reality : Though yet my Lord Verul'am observeth , That if there were taken out of mens minds vain opinion , flattering hope , false valuations and imaginations , as one would , and the like , &c. it would leave the minds of a number of poor men poor shrunken things , full of melancholy and indisposition , and unpleasing to themselves . Neither took he greater pleasure in knowing than in relating and doing what is true , sound and plain , without those crooked courses that shew a creeping rather than a raised nature ; and , as Mr. Mountaign● observes , is a bravery and facing of God , and a shrinking from , and being coward before man. He said , what all great men know , That he wax six times a Slave : 1. To Himself and his Inclination , till he had advanced Reason . 2. To the World and its Insolence , till he had impr●ved his Fortune . 3. To his Pupils and their Tempers , till he understood their Genius . 4. To Fame and its Reports , till he was known in the World. 5. To his Soveraigns and their Humors , till he found their In●erest . And 6. To his Business , till he had attained Experience . Thus it is with all Grandees , who exchange their power over themselves for that over others , and with great pains com● to greater . Two things he wished when called to the world , Power and Resolution . A naked man is contemptible ( for it's Power that begets Fear , it 's Fear that makes Gods , and rules the world ) an easie man is useless : a facile-natured man may be a good Companion for a private person , but no Servant to a Prince : Remisness and Connivance are the ruines of unsettled Governments . The Game of Authority will not admit of too open a play . In a word , he was one that knew the resorts and falls o● business , though he could not sink into the main of a matter ; being one that packed the Cards better than he played them . Three things compleated this Secretary : 1. Quick dispatch and industry . 2. Constant intelligence and correspondence . 3. A large and strong memory . Queen Elizabeth would needs at first favour my Lord of Leicester against the E●rl of Sussex , which this Doctor and my Lord Burleigh disswaded upon this account , Because if she who should be the common Mother of all , inclined to one party , and leaned to a side , the Ship of the Commonwea●th would be as a Boat overturned by too much weight on the one ●ide , and too little on the other● Take heed ( said the Royal Mart●r to his Son our Sov●raign ) of abetting any Faction , or applying to any publick Discriminaetion : your partial adhering as head to any one side gains you not so great advantages in some mens hearts ( who are prone to go on in the Kings way ) as it loseth you in others , who think themselves fi●st despised , and then persecuted by you . Take such a course as may either with calmness and charity quite remove the seeming differences and offences by impartiality : or so order affairs in point of power , that you shall not need to fear or flatter any faction : for if ever you stand in need of them , or stand to their courtesie , you are undone . His Place called upon him to suppress with severity such seditious reflexions upon the State , as came to his knowledge : but his inclination was to dissipate them with connivance and contempt . To be opposed , renders a Faction considerable ; to be despised ( and wretched ) ridiculous : To go about to stop the first appearances of sedition , is ( saith my Lord Bacon ) but to make wonder long-lived . His knack was a politick and artificial nourishing and ●ntertaining of hopes ; and keeping men in suspence is one of the best Antidotes against the poyson of discontent : it being observed by the foresaid States-men , to be a certain sign of a wise Government and Proceedings , to hold mens hearts by hopes , when it cannot by satisfaction ; and when it can handle things in such manner , as no evil shall appear so peremptory , but that it hath some ou●-let of hope : which is the easier done , because both particular persons and factions are apt enough to flatter themselves , or at least to boast what they believe not . In a word , although he made not so much noise as other men , yet he as effectually promoted the three main Supporters of this Nation , 1. It s Native Commodities , 2. It s Artificial Manufactures , 3. It s V●cture and Cor●iage ; and so dyed with that con●ent and r●solution , that they do who are overta●en by Fate in the pursuit of great Actions , and publick Designs . Observations on the life of Sir John Portman . John Portman Knight , was born of wealthy and wo●sh●pful Extraction at Portman's Orchard in Somersetshire , a fair Mannor , which d●scended to him by inheritance , the Heir of the Orchard being match'd into his Family . He was bred in the study of the Common Law ; attaining to such eminency therein , that Iune 11. 2d of Queen Mary , he was made Chief Justice of the Kings Bench , continuing two years in the place , and dying therein for ought I find to the contrary ; and a Baronet of his Name and Linage flourisheth at this day with a great and plentiful Estate . No doubt but he dyed in his place , there being none of those things that carry disgrace and downfal with them , incident to him . For the first thing that ruines a Courtier , is a boasting of his own service ; and than our Knight , none more modest . The second , is an undutiful observation of our Princes actions ; and none more faithful and meek . The third , is the revealing or abusing os secrets ; and none more reserved and civil . The fourth thing , is either provoking the Nobility against himself , or dividing them among themselves : he was too wise for the one , his design being rather alliance than quarrel , to add inter●st to his Estate , and honor to his Riches ; and too quiet for the other . Many have an Opinion not wise , ( saith that Oracle ) that for a Prince to govern his Estate , or for a great Person to guide his Proceedings , according to the respect of factions , is a principal part of policy : whereas contrariwise , the chiefest wisdom is e●●her in ordering those things that are general , and wherein men of several factions do nevertheless agree ; or in dealing with , or correspondence to particular persons one by one . Mean men in their rising must adhere ; but Great men that have strength in themselves , were better to maintain themselves indifferent and neutral . The fifth particular that pulleth down a man , is a misunderstanding of his own interest , or the Princes : Our Judge unde●stood both , being equally made up of * Craterus and Haephestion , faithfulness and compliance . The sixth , is the hatred of the many ( whom this persons integrity always obliged , there being no herd more feral than an en●aged multitude ) or the envy of the great , whom his wariness disobliged not : it being more fatal to incense a Favorite who would be above all affronts by his greatness , than a Prince who is so by Law. The seventh misfortune , is to be too much concerned in the secrets of Princes ; wherewith Sir William never meddled without assistants , never acted without a Warrant . The eighth , is unsuccessful Counsel ; and our Knight went the safe and middle way , neither to be feared nor envied , which he was always present to second , prosecute or correct , as he saw most cause . His sharp and sound judgement to distinguish Persons , Affairs and other Circumstances , and accordingly how to order the manner of his Proceeddings , was much ; his well-weighed and wary , though quick apprehension and experience from Men and Books , more ; his particular memory , and its minute observation for his conduct and business , most of all . His care of vain and idle Preposessions balanced his soul , his temper managed it : his love was choice and cautious ; his hope moderate and knowing ; his confidence slow , but certain ; his desires and joys allayed and checked , or quickened by the edge of his anger , or the caution of his fear ; and all sedate with his foresight . Nature did this person some wrong in his Body , but made him amends in his Soul : the fails of the one , are f●ils to set off the other : the first comes off with more Glory , by the pully and defect of the second● Besides that the unkindness of Nature puts men often upon being eminent in Art ; that the happiness of this , may divert men from observing the unhappiness of that . But of all the Vertues his constant and growing Soul raised him to , this was one , That he durst not entertain a Gift , which ( as he said ) conquers both the foolish and the wise : which in publick places i● is a Vice to accept , and not a Vertue to offer : It being a snare rather than a favour . His next was Diligence : Neglect wastes a man as insensibly as Industry improves him : We need no more but sit still , and Diseases will arise onely for want of exercise . Man 's a Watch that must be looked to and wound up every day : the least incuriousness steals to improficiency or offence , which degreeingly weighs us down to ex●remity : Diligence alone is a fair Fortune , and Industry a good Estate . There are five mens Activities that raise to Estates , 1. The Divine to a small , but an honest one . 2. The Physit●an to a competency , but uncertain . 3. The Courtier to a great one , and an honorable . 4. The Citizen to a large one , but not lasting . And 5. The Lawyer to one large , and firm too . Seldom doth his Family fa●l , who is sure to tye his Estate to his Child by an Entail , and his Child to his Estate by an Education and an Employment . When we observe the several alterations in Gentry , we find four principal Actors on the Theatres of great Families ; the Beginner , the Advancer , the Continuer , and the Ruiner . 1. The Beginner , who by his vertues refineth himself from the dross of the vulgar , and layeth the foundation of his house . 2. The Advancer , who improveth it . 3. The Continuer , who conveyeth it to his Posterity as he received it from h●s Ancestors . 4. The Ruine● , that degenerates from his Fathers . Our Judge began not , but advanced that excellent Family , whose original I cannot find , so ancient it is ; and whose end I hope none will see , it is so noble . Observations on the Life of William Howard . WIlliam Howard , son to Thomas Howard , second of that Surname Duke of Norfolk , was by Queen Mary created Baron of Essi●gham in Surrey , and by her made Lord Admiral of England ; which place he discharg●d with credit . He was one of the first Favourers and Furtherers with his Purse and Countenance of the strange and wonderful discovery of Ru●●a . He died anno Dom. 1554. This Noble Person had his plainness from his Father , his ingenuity from his Mother , his experience by Travel and Navigation : his Blood endeared him to his Soveraign , and his Abilities advanced him to her service : H● promised no less to his Mistress , t●an his F●ther and Vncle had performed to her Father . The Ancestors merit is security for Posterie●ies , who will hardly forfeit that favour with one act of their own unworthiness , that was ganed by so many of their Predecessors service . Like a well-drawn picture this Lord had his eye on all round : on his Queen , to be faithfull ; on his Country , to be publick-spirited ; on his Family , to be honourable ; on the present Age , to be activ● ; and on the future , to be renowned . The Old Lord Burleigh , sometime Treasurer of England , coming to Cambridge with Queen Elizabeth when he was led into the publick Schools , and had much commended their convenience , beauty and greatness , together with their Founder Humphrey the good Duke of Glocester ; Yea , marry , ( said he ) but I find one School wanting in our Universities , and that is the School of Discre●ion . When private Tutors had initiated , publick Schools had seasoned , and the University had improved this Gentlemans sprightly and noble parts , vet did his Father observe one great defect in his Education , and that is Discretion : Discretion in Carriage , for which he sent him to Cou●t ; Discretion in Business , for which he sent him to travel and fight . Not long had he been abroad to furnish himself with experience , but he is called home to ennoble himself with action . The Alve● of Spain were for four Generations together Commanders by Land , and the Howards of England for as many , Admirals at Sea. None ever had more power , none used less than he : The more Authority he had allowed him over others , the more Command he obtained over himself . Twice did he mortgage his Estate for his followers pay ; many times did he venture his life for their encou●agement . None directed more ●kilfully , and yet none acted more resolutely . Equally did he divide the profit , equally share the honor with his follower● , who under him never dared , and never feared a danger . Manners make a man , saith the Courtier● Money makes a man , saith the Citizen ; Learning makes a man , saith the Scholar ; but Conduct makes a man , saith the Souldier . This Lords spirit never put hi● on so forwardly , but his wariness to●k care how to come off as safely . He that fights should despair , but he that commands should hope . The Souldier among the Persians is drawn with his eyes before him , and the General with his behind him . Young men in the manage of Affairs embrace more than they can hold , stir more than they can q●iet , flee to the end without consideration of the means and degrees ; pursue some few principles , and extreme remedies they have chanced upon rashly , which they will neither confess nor reform . Old men object too much , consult too long , adventure too little , repent too soon , and seldome pursue things home to their full period . My Lord was an happy composition of both himself , and had of either about him , that the coldness and wariness of Age might correct the heat of Youth , and the activity of younger might be directed by the experience of riper ones : The one gave Authority , and the other Life to his Actions . He himself was better to invent than to judge , fitter for Action than Counsel , and readier for new Projects than for settled business . The Lord Clinton's prudence served him in old and usual matters , but in new things abused him : My Lord Howard's was quick for present Emergencies , but not comprehensive of ordinary transactions . Of the three Admirals of those times , we may say as they did of the three Kingdoms , Lisle was wise before the Action , my Lord Howard in it● my Lord Clinton after it . England without a freedom of commerce , was but a larger Prison : others opened the Trade to the Indies , to Asia , and other parts of the world ; but we wanted the Hemp , the Flax , the Pitch , the Firr , and the other usual Commodities of Russia , serviceable to our selves , and more to our Ships . His purse in this case did much , his direction more , his servant Ie●kinson most of all , who made curious observations of Russia , set forth a Geogra●h●cal description of it , and was the first of the English , that sailed through the Caspian Sea. With his assistance the Muscovia Company was set up in Queen Maries days ; and with his servants it obtained the Priviledge of sole Traffick into the Northern Parts of Russia in Elizabeth's . Nihil habet fortuna magna majus nec natura bona melius quam ut velit bene-facere quam plurimis . Observations on the Life of Sir Edward Mountague . EDward Mountague , , Son of Thomas Mountague , born at Brigstock in Northampton-shire , was bred in the Inner Temple in the study of the Laws , untill his ability and integrity advanced him Lord Chief Justice of the Kings Bench , in the Thirtieth of Henry the Eighth . He gave for his Motto , AEquitas Iustitia Norma : And although Equity seemeth rather to resent of the Chancery than the Kings Bench , yet the best Justice will be Wormwood without a mixture thereof . In his times though the golden showers of Abbey-Lands rained amongst great men , it was long before he would open his lap , ( scrupling the acception of such Gifts ) and at last received but little , in proportion to Others of that Age. In the thirty seventh of King Henry the Eighth he was made Chief Justice of the Common Pleas , a descent in Honour , but ascent in Profit ; it being given to old Age , rather to be thrifty than ambitious : Whereupon he said , I am now an old man , and love the Kitchin before the Hall ; the warmest place best suiting with my Age. In drawing up the Will of King Edward the Sixth , and setling the Crown on the Lady Iane , for a time he swam against the tide and torrent of Duke Dudley , till at last he was carried away with the stream . Outed of his Judges Office in the first of Queen Mary , he returned into Northampton-shire , and what contentment he could not finde in Westminster-hall , his Hospital-hall at Boug●ton afforded him . He died Anno 1556. and lieth bu●ied in the Parish Church of Weekly . His well-managed Argument in Dodderige his Case , brought him to Cromwel's knowledge , who was vexed with his reason , but well pleased with his Parts . Crowmel's recommenda●ion and his own modest nature set him up with Henry the Eighth , who could not endure two things : 1. A Lawyer that would not be guided : 2. A Divine that would not be taught . Yet as modest as he was , he was honest ; and though he would submit to the Kings Power , yet would he act by his Law : For his Apophthegm was , Mèum est Ius dicere , potius quam Ius dare : I●'s my duty to interpret rather than give Law. He never denied or delayed J●stice ; alwayes discouraging those cunning L●ws that perplexed a Cause , those contentious Clients that delayed a suit , and those nice Cummin-seed men that strained i●ferences , and w●ested c●nstructions , Patient , stayed and equal he was in hearing , grave in speaking , pertinent in interrogating , wary in observing , happy in remembring , seasonable and civil in interposing . The Council durst not chop with him , neither would he chop with the Council , unless he defended his cause over-boldly , urged indiscreetly , informed slightly , neglected grosly , renewed the debate unseasonably , or ensnared his Adversaries cunningly ; in those and other the like cases , he would do the Publick Right by a check , and the person by an admonition . Six sorts of persons he discountenanced in his Courts : 1. The scandalous Exactors . 2. The slie shifters , that , as that Chancellour observed , pervert the plain and direct courses of Courts , and bring Justice into oblique lines and labyrinths . 3. Those that engaged Courts in quarrels of Jurisdiction . 4. Those that made suits . 5. Those that hunted men upon Poenal Statutes . 6. Those that appeared in most Testimonies and Juries . His Darling was , The h●n●st Clerk , who was experienced in his place , obliging in his carriage , knowing in Presidents , cautious in Proceedings , and skilful in the affairs of the Court. Two things he promoted in King Henry's days ; 1. The Law against Gaming . And 2. The Order against Stews . And two in King Edward's : 1. That Act against s●reading of Prophecies . 2. That Statute against embasing of Coyn. But King Edward's Testament and the Duke of Northumberland's Will is to be made : The pious Intentions of that King wishing well to the Reformation , the Religion of Q●een Mary obnoxious to exception , the ambition of Northumberland who would do what he listed , the weakness of Suffolk , who would be done with as the other pleased , the flattery of the Courtiers most willing to comply , designed the Crown for the Lady Iane Grey . Mr. Cecil is sent for to London , to furnish that Will with Reason of State ; and Sir Edward to Serjeants Inn , to make it up with Law. He according to the letter sent him , went with Sir Io. Baker , Justice Bromley , the Attorney and Solicitor-General to Greenw●ch , where His Majestie before the Marquess of Northampton , declaring himself for the settlement of Religion , and against the succession of Q●een Mary , offered them a Bill of Articks to make a Book of ; which they , notwithstanding the Kings Charge , and the re●teration of it by Sir William Peter , declared upon mature consideration , they could not do , without involving themselves and the Lords of the Council in High Treason , because of the Statutes of Succession . The Duke of Northumberland hearing of their Declaration by the Lord Admiral , comes to the Council-Chamber all in a rage , trembling for anger ; calling Sir Edward Traytor , and saying , He would fight in his shirt with any man in that Quarrel . The old man is charged by the King upon his Allegiance , and the Council upon his Life , to make the Book ; which he did , when they promised it should be ratified in Parliament . Here was his obedience , not his invention ; not to devise but draw things up according to the Articles tendred unto him . Since shame is that which ambitious Nature abhorreth , and danger is that which timorous Nature declineth ; the honest man must be resolute . Sir Nathaniel Brent would say , A Coward cannot be an honest man ; and it seems by this Action , that modesty and fear are great temptations . Give me those four great Vertues that makes a man : 1. A clear Innocence . 2. A comprensive Knowledge . 3. A well-weighed experience . And 4. The product of all these , A steady Resolution . What a Skein of Ruffled Silk ( saith the ingenious Resolver ) is the incomposed man ! Observations on the Life of Sir Edward Fines . EDward Fines Lord Clinton , Knight of the Garter , was Lord Admiral of England for more than thirty years . He was wise , valiant , and very fortunate , as appears by his Master-piece in Museleborough field , in the reign of King Edward the sixth , and the Battle against the Scots . He was afterwards created Earl of Lincoln , where he was born , May 4. 1474. and where he had a proportionable Estate to support his Dignity , which he much increased , beside his Paternal Inheritance He died Ianuary 16. 1558. and lieth buried at Windsor , in a private Chappel , under a stately M●nument , which Elizabeth his third Wife , Daughter to the Earl of Kildare , erected in his remembrance . His Fortune made him a younger B●other , and his Industry an Heir ; coming to Court , where they that have Estates , spend them ; and they that have none , gain them . His recreation was at Court , but his business in the Country ; where notwithstanding the Statute in ●enry the sevenths time against Pasturage for Tillage , he Grazed 11000 Acres of Ground : then a noble and gaining Employment , that advanced many a Family in one Generation ; and now a saving one , that hath kept up as many ten . The best tempered Swords will bend any way , and the best metalled men will comply with any occasion . At White-hall , none more affable and courteous than our Lord ; at Sea , none more skilful ; in the field , none more resolute ; in the Country , none more thrifty and hospitable . His Entertainments were orde●ly and suitable , made up of solid particulars , all growing upon his own Estate . King Charles would say , Every man hath his vanity , and mine ( ●peaking of the Soveraign ) is Building : Every man hath his humour , and mine ( said he , speaking of the Fens ) is Drayning . Adding withal , He that would be merry for a day . let him be trimmed ; he that would be merry for a week , let him marry ; ●e that would be merry for a year , let him build ; he that would be merry for Ages , let him † improve . Now you would have him among his Workmen and Stewards in Lincoln , anon among the Commissioners either in France or Scotland ; by and by before Bulloign or Calice , and a while after at Spieres or Muscleborough , and on a sudden at a Mask in Court. Neither was his Soul less pliable to persons than things : as boisterously active as King Henry could expect , as piously meek as King Edward could wish , as warily zealous as Queen Marys times required , and as piercingly observant as Queen Elizabeths perplexed occasions demanded . It was by him and my Lord Bacon said of business , That it was in business as it is in ways , that the next and the nearest way is commonly the foulest ; and that if a man will go the fairest way , he must go somewhat about . Sitting in a Committee about invading Scotland , whereof Sir Anthony Brown then Viscount Mountacute presented a Draught , there arose as great a debate between him and my Lord in Council , as afterwards in the Field , about the point of Entrance ; Nay , said my Lord in the heat of the Discourse , with as much power on others passions , as command over his own , We stand quarrelling here how we shall get in , but here is no discourse how we shall get out . It 's a Rule , Whosoever hath any thing fixed in his person that doth induce contempt , hath also a perpetual spur in himself to rescue and deliver himself from scorn , either by vertue or malice ; and my Lord having some disadvantage from Nature , made it up by Art : None more bold , none more industrious and more successful , because that disadvantage took off envy on the one hand , and jealousie on the other : so that upon the matter , in a great Wit , Contempt is a great advantage to rising . Judge Brooke had a Project against Usury , which came up to the Lords House : this rich Peer upon the first motion of it , stands ●p , and saith , Shew me a State without Usury , and I 'll shew you a State without Men and Trade . Rich he was for expence , and expend he did upon honor and good action : his ordinary expenc●s were the third of his Estate , and his extrao●dinary none of it ; his Rule being , Extraordinary disadvantages must be balanced with extraordinary advantages . He would not stoop to petty gains , but he would abridge petty charges : but his occasions calling him often from his Estate , he turned it all to certainties ; often changing his Servants , who being unacquainted with him and his Estate , were less subtil , and more timorous . Much behind-hand he was when he came to the Estate , and as much before when he left it . N●ither was he too sudden or too slow in paying his Debts ; equally avoiding a disadvantageous sale on the one hand , and devouring interest on the other : and so inuring himself by degrees into ●n habit of frugality , he gained as well upon his mind , as upon his Estate● For husbanding the English Treasure in Scotland , he was Knighted in the Field , May 11. 34 H. 8. by the Earl of Hertford : for the Clause concerning Scotland he put in at the Treaty of Guisnes , 35 H. 8. he was made Baron by Patent : for his discreet Conduct in demanding the young Queen of Scots , together with the performance of the Articles made in Henry the eighth's time , with 60 sail of ships before the battel of Muscleburgh , he had 600 l. a year assigned him by the Protector : for his great experience at Sea , his interest in Sea-men , and his Renown among the Neighbour-States , he was made E●rl of Lincoln . Observations on the Life of Sir Barnaby Fitz-Patrick . BArnaby Fitz-Patrick had the honour of being King Edward the sixth his Proxy at School , and one of his Bed-chamber at Court. In King Henry the eighth's time he was sent to School , in King Edward the sixth's to travel , where he had these Directions following from that King , how he might learn fashions there , and send intelligence hither . EDWARD , WE understand by your Letters received the eighth of this present month , your good entertainment , being glad thereof ; and also how you have been once to go on Pilgrimage : Wherefore we think fit to advertise you to desire leave to go to Mr. Pickering , or to Paris , in case hereafter any such chance happen . And if that will not serve , to declare to some person of estimation , with whom you are best acquainted , that as you are loth to offend the French King by reason of his kind usage of ●ou ; so with safe conscience you cannot do any such thing , being brought up with me , and bound to obey my Laws ; also , that you had commandment from me to the contrary . Yet if you be●●hemently procured , you may go as waiting upon the King , not as intending to the abuse , nor willingly see the Ceremonies : and so you look on the Mass , but in the mean time regard the Scripture , or some good Book , and give no reverence to the Mass at all . Furthermore , remember when you may conveniently be absent from the Court , to tarry with Sir William Pickering , to be instructed by him how to use your self . For Women , as far forth as you can , avoid their company ; yet if the French King command you , you may sometime dance , so measure be your mean : else apply your self to Riding , Shooting , Tennis , or such honest Games ; not forgetting sometimes ( when you have leisure ) your Learning , chiefly reading of the Scriptures . We would not have you live too sumptuou●ly as an Ambassador , but so as your proportion of living may serve you , we mean , because we know many will resort to you , and desire to serve you . I told you how many I thought convenient you should keep . After you have ordered your things at Paris , go to the Court , and learn to have more intelligence if you can ; and after to the Wars , to learn somewhat to serve us . By your Letters of the second and fifteenth of April , we perceive that you were at Nancy , ready to go together with Mr. Pickering to the French Camp ; and to the intent you might be better instructed how to use your self in these Wars , we have thought good to advertise you of our pleasure therein . First , we would wish you ; as much as you may conveniently , to be in the French Kings presence , or at least in some part of his Army , where you shall perceive most business to be ; and that for two causes : One is , because you may have more experience in the Wars , and see things as might stand you in stead another day : The other is , because you might be more profitable in the Language . For our Embassador , who may not wear Harness , cannot well come to those places of danger , nor seem so to serve the French King , as you may , whom we sent thither for that purpose . It shall be best for you therefore hereafter , as much as you may , to be with the French King● and so you shall be more acceptable to him , and do your self much good . This I write , not doubting but you would have done it , though I had not written , but to spur you on . Adding withal , To learn the Tongue , to see the manner of the Court , and advertise His Master of Occurrences , keeping close to the King of France , to whom he shall offer his service in the Wars , where he is to observe the fortifications of the Cities , the Conduct of the Armies , the advantages and disadvantages of both Parties ; their Skirmishes , Battels , Assaults , and the Plots of the chief Towns , where any enterprizes of weight have been done . His Exercises were to be Hunting and Riding , his Company few , but choice , &c. This Gentleman after his return out of France , was created by the King Baron of Upper Ossory in Ireland ; where he dyed a good Protestant , a Publick-spirited Patriot , and an honest man. Observations on the Life of Sir Henry fitz-Asane , Earl of Arundel . HIs first appearance in the World was to adorn the Court , his next was to serve it . First his Estate and Train attends King Henry to the Interview with France , and a while afte● his valour and Conduct is commanded by him to the War. Equally prepared is he to please and awe tha● Countrey : The Duke of Suffolk is made General for his Popularity , and the E●rl of Arundel Lord Marshal , for his Spirit and Prudence ; and both being before Bulloign , this Noble Lord run up his Squadron under a running shelter about eleven at night , to the very Walls of the City ; which being battered down by the Canon , which was mounted some forty yards higher , opened to the close B●siegers a passage that gained the whole Town by composition . Neither was he less active in Peace than War. A piercing apprehension , a strong memory , a large and capacious judgement , a dexterous prudence , a discerning wisdom , was the least of his happiness● For to his sufficiency and capacity , he added a good disposition and ●ntegrity , and to that , vigour and gracefulness . He was the excellent Personage , that 1. Discerned , 2. Embraced and performed what was Noble and Publick : ( To know , to will and effect what is good , make up a God. ) To these were added a strong nature , a deep study , and a very great Experienc● ; qualities separated in others , but united in him : Nature will out , Education is rude ; Education without Resolution , is loose ; Resolution without ●xperience , is heady ; Experience grounded upon particul●r Events , is uncertain without the study of General and Immoveable Principles : Knowledge of things in their sourc●s and original causes , without Nature , is a Burden : All these without Exercise , are a Notion . This Nobleman thus furnished , derived much Honor from his Ancestors , more to them ; ●nnobling that Blood to a Glory , which some had debased to a Blush . That great Name after four hundred years shining in that Honour with various lustre , setting in him as the Sun he bore with a full splendour : The last effort of Nature is a Maste●-piece ; the last blaz● of the Candle a shine . Other ●oblemen were made ●●ing Edward's Overs●●rs for th●ir Integrity ; he one of his Assistants for his Abili●y : When an Enemy was to be awed to a submission , he was General , such his F●me ! When the Countrey was to be obliged to a loan , he was Agent , such his Popularity● T●e first advanced him to the Comptrollership under Henry the ●ighth ; the second to the Chamberlainship under Edward the Sixth . Nature hath provided that ravenous Beasts should not associate , lest they should be too hard for it ; and Government , that prime Counsellours should not agree , lest they overthrow it : Warwick envied the Prot●ctors Greatness , and Arundel would limit his Power : both with the rest of the Council declare against him . But lest he should urge the same things against Warwick that he did against Somerset ; they , who love the Treason , but hate the Traytor , turn him fi●st out of Favour , and then out of Council , untill Queen Maries time , when h● as an antient Nobleman of England , ( that owned no upstart-designs against the old way of succession ) stood for her Right , and as a stiff Catholique promoted her Religion : So that Iuly 21. 1553. he came from the Queen to Cambridge , whe●e the Duke of Northumberland was , and entering his Chamber , the Duke fell at his fee● , desiring him for Gods sake to consider his case , who had done nothing but ●y Warrant from the Council : My Lord , ( said the E●rl ) I am sent hither by the Queen to arrest you . And I ( said the Duke ) obey your Arrest ; ●eseeching your mercy for what I did by Commission . You should have thought of that sooner , ( ●aid the Earl ) Here you might have seen at once the vicissitude of Fortune , the frailty of Man , the dejectedness of Guilt , the brave●y of Innocence , who would neither be trampled on by Greatness , nor trample on misery ; of an equal temper between pity and resolution . As long as his Youth bore it● we find him for Action ; but when years came upon him , we find him in Council , as with Wott●n at the great Treaty at Cambray : Yet not so unactive , but that as Sir William Pickering for hi● sweet Demeaner , so he for his Estate was voiced an Husband to Queen Elizabeth . W●en the rest of the Council were for deali●g with the ●ueen of Scots underhand and at distance , he was for treating wi●h her plainly● and said in the Queens presence , The Wisdom of the former Age was so provident that it needed not , and so plain that it endured no● shifts . Leicester would perswade the Duke of Norfolk to court the Queen of Scots , but Arundel would not hear of it without the Queen of England's consent : Experience is always wary , yet hath its weaknesses , wherein it may be surprized . For this Noblemans kindness to his Friend , balancing his Duty to his Mistress , brought him , the Earl of South-hampton , the Lords Lumley , Cobham , Piercy , &c. to a Praemu●ire● : whereupon he said , He is never wise , that is not distrustful . Fear , that betrayeth the succours of Reason , when predominant , guardeth them when moderate , and is more safe , ●h●ugh not so Noble as that valiant confid●nce that bequeath● a dilated Freedom to all faculties and senses . But of all his Actions this is most remarkeable : Treating with the Scots , he writ to his Majesty King Henry the Eighth , what he had gained already , requiring to know his farther pleasure : The King takes advice with his Council , who all agree that the Peace should be concluded : Whereupon the King caused his S●cretary the Lord Paget to ●rite to him to that purpose ; but withal , he called Mr. Ce●il secretly to him , bidding him tell my Lord , That w●atsoever he had written in his Letter , yet with all speed possible he should break the Treaty , Mr. Cecil replying , That a message by word of mouth being contrary to his Letter , would never be believed ; well ( said the King ) do you tell him as I bid you , and leave the doing of it to his choice , Upon Mr. Cecil's arrival , the Earl of Arundel shewed the other Commissioners as well the Message as the Letter ; they are all for the Letter ; he said nothing , but ordered that the Message should be written before , and signed by his fellow-Commissioners , and thereupon immediately broke up the Treaty , sending Cecil wi●h the adver●isem●nt of i● to the King ; Who , as soon as he saw him , a●ked aloud , What , will he do it , or no ? Cecil replied , that his Majes●y might understand that by the inclosed . But then the King half angry , urged , Nay tell me ; will he do it or no ? Being then told it was done , he turned to the Lords and said , Now Yo● will hear news , The fine Treatie is broken ; Whereto one presently answered , That he who had broke it deserved to lose his Fead ; to which the King straitly replied , That He would lose a dozen such heads as his was that so judged , rather than one such Servant as had done it ● and therewith commanded the Earl of Arundel's Pardon should be presently drawn up , the which he sent with Letters of Thanks , and assurance of Favour . Five things must a Statesman comprehend . 1. The L●w. 2. The Government . 3. The Time. 4. The Peopl● . And 5. The Prince . Under an active Prince , you must regard the P●erogative ; under an easie one , the Law ; under a compleat one made up of a just measure of Greatness and Goodness , those two things are distinguished onely in the nice discourses of some Speculativ● , being but one great Rule in the solid actions of that Prince . Observations on the Life of Sir John Dudley Duke of Northumberland . HI , favour was first purchased by his● Fathers blood , and improved by his own cunning . King Henry sacrificed Sir Edmund Dudley to allay t●e Peoples rage , and raised his Son to appease his Ghost . He that disobligeth a multitude , must fall hims●lf ; but he that in so doing serveth his King , may advance his Posterity . Something high he was in the Kings favour , because standing on his fathers Grave ; but hig●er as he stood on his own Merit : He knew his Fathers service made his way to favour ; h●s own education therefore must prepare him for employment . Favour without Parts is a reproach ; Parts without Favour are a burden . The King restored him to his Fathers blood , and his own industry recovered his Abilities . There are those that under the notion of wisdome comm●t the g●eat●st folly , ei●her in too much conversing with the world without , or in too much re●●ecting on themselves within : Sir Iohn was made up of both ; some time he allowed for Action , more for Consideration . There is not any thing so prejudicial to Action , as to be bent upon Action without intermission● for as the eye seeth no● the Objects touching it , but those onely more remote : so the understanding continually plunged in Affairs , is not so quick-sighted in occurrents , as his who sometime retireth himself from publi●k A●tion , beholding it aloof off by consideration . In the heat and tumult of Affairs , Reason hath not that power as may give conduct and motion to active life : besides , experience teacheth us , that the ey● having lost its quickness w●th too much looking upon the light , recovereth it again in the dark : the spirit in like manner dazled , weakned , transported and distracted among the multitude and variety of Affairs , ought to recollect and recover its force in the privacy of some small retreat ; which Sir Iohn made to Italy , the seat of policy and experience ; whence I pray God he brought no more ( saith my Author ) than his closeness and reach . His S●veraign saw he deserved Honour , but saw not without offence to the Populacy how to confet it , until the subtle Youngster shewed him a middle way , ( upon the strange death of the Viscount Lisle , who lost his life for joy that it was saved ) by petitioning for that honour as a favour , which upon his Mothers account was his right : The crafty Youth entered himself of the Cardinals Retinue first , and then of the Kings . Much was he employed by him at Sea , as an Overseer of the Nav● ; more in the Field , as Director-General ; most of all in the Romish and French Court , as a Spy. He was too good a Proficient in his School to fall wi●h him , therefore we immediately observe him rising with Cromwel , until the King made him Admiral , and he with his 200● sail upon the Coast of Scotland ●ale himself renowned ; insomuch that the Kin● left him the next year Vic●roy of France , and Deputy of Calice and Bulloign : where to revenge the French attempts upon the Isle of Wight , he drew his Fleet up to the Coasts of Normandy ; landed 6000 men at Treport , burned the Suburbs of that Town with the Abby , destroyed 30 Ships there in the Haven , and then returned , not having lost above fourteen persons in the whole Voyage : insomuch that in a Treaty between Ard and Guisnes wherein he was Commissioner with the Earl of Hertford , Secretary Paget , and Dr. W●tton , the French were contented that we held Bulloign till they paid us 800000 Crowns within the term of eight years . For the further Establishment whereof , he and the Bishop of Duresm are employed to take Oath of the F●ench King and the Daulphine , His Master Henry dieth , but not his designe with him : Norfolk is out of his way ; Seymour will be so : he is now Executor of King Henry's Will , he will be of his own . B●t as Nature , so Policy works by degrees ; first the graft , then the tree ; after that , the blossome ; next that , the fruit ; first meaner Essays , and then higher Actions . There was nothing to be attempted at home , until we were secured and feared from abroad ; he therefore leads the Van●guard ag●i●st the Scots so successfully , that he is made Earl of Warwick . H●re his spirit had ensnar●d him , had not his conduct brought him off . When the Protector refused a Combat as not becoming him , Warwick offereth on● : Bring me word ( said he to the H●rald that brought the Protector a Challenge from the Lord Huntley ) that thy Master will perform the Combat with me , and thou shalt have an hundred Crowns for thy pains . But a publick Conduct becomes a General better than pe●sonal Valour ; and he must so far onely remember he is a Souldier , as not to forget he is a commander , and so a whole Army too . Against the Rebels in Devonshire so happy he was , that upon his discreet Overture of Pardon , ( Mercie is a Vertue with Valour , and but a Weakness with Cowardize ) and coming in person to assure them of it , they saying , They knew him so honourable , that if he came himself they would embrace it ; threw down their Arms , and submitted to Mercie . Against the French , that took the opportunity of those Turmoyls , he was so prosperous , that he sent them home from Iersey and Guernsey with the loss of two thousand men . Honour he had enough , and Power too , yet not what he aimed at ; ( our Souls are infinite as in their duration , so in their capacity . ) Ambition is like cholar , which is an humour that maketh men active , earnest , full of alacrity and stirring , if it be not stopped ; but if it be stopped , and cannot have its way , it becometh adust , and thereby malign and venomous ; So aspiring men , if progr●ssive and successful ( their passage to advancement being clear ) are rather active than perilous ; but if curbed with some obstructions , their sccret discontent casts an evil aspect upon all persons and actions , and becomes rather dangerous than serviceable . This great Earl's greater minde was usefull , when prosperous abroad ; but at home troublesome , when finding a plain man in his way to height , great in his power , greater in his Sovereigns affections and greatest of all in his knowing brother ; whose spirit bare up his Authority , as his Authority supported His Courage : In that b mans Brest there was a Prudence that could reach , and a stoutness that could balance this at once close and fierce man. Interest and Blood united these Brothers so strongly , that there was no dividing of them , but by practising on their Wives , whose Humours were above their Interest , and Fancy above their Relation . Their precedence is made a question at Court , where it bred first a distance , and upon an Interview contrived in this Lords house , a diff●rence● that difference is improved to an animosity , ( ●e can do little that cannot blow up a spark in a Womans Brest to a flame ) that animosity to malice , and malice cannot dwell long in those weaker brests without a mischief ; mischief they cannot do themselves : ) Th● Ivy cl●aves to the Oak , and these Women to their Husbands , though both ruine the things they cling to : ) What suggestions ! What insinua●ions ! What pretty fears and jealousies ! What little tales and passions● Yet continual droppings wear a Stone : The Womens discords derive themselves into the Husbands hearts , until the Admiral falls , and leaves the Protector to his own Integrity : Whose large Trust and infinite Business ●ould not but bewray him to some Errour , as his great Power did to much Envy , that first divested him of that Power , and then of his Life . There is not a more admirable Wisdom directing the contrarieties of Nature to an Harmony , than ther● is a close ●each in some men to reconcile vari●ty of Humours , Affections , Opp●sitions , Rancounters , Events and Changes to one Design . The Pr●tectors easine●s is betrayed to confidence ; ●is too late fears , to a confidence at fi●st , and at last to irregularities : the hopes of some were encouraged the g●ievances of ö●hers were aggravated and pitied , ●he envy of a 〈…〉 , and he the soul in all and every part of the action . The Protector was free-spirited , open hearted , humble , hard to distrust , easie to forgive : The Earl was proud , subtile , close , cruel and implacable ; and therefore it was impar congressus between them , almost with as much disadvantage as between a naked and armed person . Two nets are laid to take the Protector ; the one breaks , the other holds : The Treason was onely to give a Report , the Felony for designing the death of the Earl of Warwick a Privy Councellour , did the execution . He being removed out of the way , this Earl of Warwick , as his Predecessor , meditates the honour of King-making . To this purpose he joyns himself by alliance to the best Families , and advanceth his children by employments to the greatest trusts ; particularly ( what Sir Richard Baker saith had been better if it had never been ) his Son Robert ( afterward Earl of Leicester ) was sworn one of the six ordinary Gentlemen of the Kings Chamber : upon which particular the foresaid Historian observeth , That after his coming into a place so near him , the King enjoyed his health but a while . The Duke of Somerset is trained by his enemies to such fears and j●alousies , as transport him beyond his ow● go●d nature , to an attempt one morning upon the E●rl of Warwick , now Duke of Northumberland , abed ; where being received with much kindeness , his heart relented , and he came off re infecta . At his coming out , one of his company asked him if he had done the deed ? he answered , No. Then said he , You are ●our self undone . And indeed it so fell ours for when all other Accusations were refelled , this onely s●uck by him , and could not be denyed ; and so he was found guilty by a Statute of his own procurement , viz. That if any should attempt to kill a Privy-Councellour , although the fact were not done , yet it should be Felony , and to be punished with death . This , notwithstanding many Divertisements used , went so near the consumptive Kings heart , that he prepares for death . The Duke now within ken of his design , considering the Kings affection for Reformation , the Lords and other Purchasers kindness for Church-lands , the Judges fear , the Courtiers compliance , carried on a Will with a high hand , ( trembling with anger● saith Judge Mountague , if any opposed him ; yea , saying , That he would fight in his Shirt with any that contradicted it ) wherein the Crown was bestowed on Iane Grey , his fourth Sons Wife , ( the Princesses Mary and Elizabeth being laid aside . ) But he forgot ( as what man , though never so reaching , can consider all things ? ) that there is an invisible Power in Right , that there is a natural Antipathy in English men against usurpation , and as great an inclination for the succession : A Point they had conned so well of late out of the Statute made for that purpose , that they could not well be put out of it by this new-started Designe . The People stand by Queen Mary : the Council notwithstanding their Engagement to stand by him at his going away , ( when he observed in Shore●ditch that the People gazed on him , but bid him not God sp●ed ; and he ●old the Lords , They might purchase their safety with his ruine . To w●ich one of the Lords replyed , Your Grace mak●● a doubt of that which cannot be : for which of us all can wash his hands clear of this business ? ) proclaimed the Queen at London , as he doth at Cambridge ; where yet the Earl of Arundel ( who offered his life at his feet when he marched out : O the Vicissitudes of this lower world ? ) arrests him ●esolutely , and h● submits weakly , first to an Imprisonment , and then to a Tryal and Ex●cution . The first night he came to Cambridge , all the Doctors supped with him ; and Doctor Sandys is appointed to preach before him next day . The Doctor l●●e at night betakes himself to his Prayers and Study , desiring God to direct him to a fit Text for that time . His Bible openeth at the first of Jo●hua , and ( though he heard no voice with St. Augustine , saying , Tolle & lege ) a strong fancy inclined him to fix ●n the first words he beheld , v. 16. And they answered Joshua , saying , All that thou commandest us we will do ; and whithersoever thou sendest , we will go : A text he so wisely and warily handled , that his Enemies got not so full advantage against him as they expected . The next day the Duke advanced to Bury with his Army , whose feet marched forward while their minds moved backward . Upon the News brought him , he returned to Cambridge , with more sad thoughts within him , than valiant Souldiers about him . Then went he with the Mayor of the Town , and proclaimed the Queen ; the Beholders whereof more believing the grief in his eyes when they let down tears , than the joy professed by his hands when he threw up his Cap. Slegge Sergeant at Arms arrests him in Kings● Colledge ; and when the Proclamation of Pardon set him at liberty , the Earl of Arundel re-arrests him , at whose feet he craves mercy ; a low posture in so high a person ! But what more poor and prostrate than Pride it self , when reduced to extremity ? Behold we this Duke as the Mirrour of Humane Unhappiness ! As Nevil Earl of Warwick was the make-King , so this Dudley Earl of Warwick was the make-Queen . He was Chancellour of the Vniversity , and Steward of the Town of Cambridge ; two Offices which never before or since met in the same person . Thus as Cambridg● was his Vertical Poynt , wherein he was in the heighth of Honour : so it was his Vertical , where he met with a suddain turn , and a sad Catastrophe . And it is remarkeable , that though this Duke ( who by all means endeavoured to aggrand his Posterity ) had six sons , all men , all married , none of them left any issue behind them . Thus far better it is to found our hop●s of even ear●hly happiness on Goodn●ss , than Greatness . Thus far the Historian . I● was Lewi● the elev●nth's Motto , Pride and Presumption go before , Shame and Loss follow after . In three sorts of men Ambition is good : 1. In a Souldier , to quicken him . 2. In Favourites , to balance o●hers . 3. In great States-men , to undertake invidious Employments : For no man will take that part except he be like a seeled Dove , that mounts and mounts because he cannot see about him . And in these men it 's safe if they are mean in their original , harsh in their nature , stirring in many little , rather than in any great business . Greater in his own interest than in his Followers . Humility sojourneth with safety and honour , Pride with Danger and unworthiness . No man below an Anointed One , is capable of an unlimited Power ; a temptation too great for Mortality , whose highest Interest if indulged , is Self ; and if checked , Malice . Dangerous is the Power of an aspiring Person near a Prince , more dangerous his Disguise , as who acts all things against his Master by his Authority . Let no man upon this example ever repose so much upon any mans single Counsel , Fidelity or Discretion , as to create in himself or others a diffidence of his own judgement , which is likely to be most faithfull and true to a mans own Interest . Let every m●n have some things that no man shall obtain , and some things that no man must dare ask ; because you see here , if we let all go without reserve , our Reputation is lost in the world by the Reputation our Favourite gains with us - There was in Rome a certain man named Enatius , somewhat entred in Age , and of natural condition mu●inous , ambitious , and troublesome : Adrian being advertised that he was dead , fell into a great laughter , and sware , That he could not but wonder he could intend to die , considering what great business he had night and day ; Con●idering how many Affairs he had to manage , how many cross accidents to accommodate , I wonder what time he had to die : And considering his many pretences for the Protestant Religion , especially that for King Edward's , I wonder with what face he could die a Papist . But I have forgot my self : for there are two sorts of persons in Machiavel ●hat must either not believe , or not profess any Religion : The first , the States-man , that acts in publick Affairs ; the second , the Historian , that writes them . Observations on the Life of Sir William Peter . HE was born in that great Nursery of Parts Devonshire ; and bred in a greater , Exeter-Colledge . That Colledge made him a Scholar , and All-Souls a Man. H●s capacity was contemplative , and his Genius active ; observing , rather than reading ; with his eye more on men , than Books ; studying behaviour , rather than notion ; to be accomplished , rather than knowing ? and not to erre in the main , rather than to be excellent in circumstance . His Body set off his Parts with a grave dignity of presence , rather than a soft beauty of aspect : His favour was more taking than his colour , and his motion more than favour ; and all such , as made his early Vices blush , and his riper Vertues shine . The Earl of Wil●shire first pitched upon him for his Sons Tutor , and then for his own Companion . Noble Families set off hopeful Parts , and improve them . Cromwel's quick eye one day at my Lord , spyeth his Personage , and observes his Carriage . ( He was a man himself , and understood one . ) Nothing would satisfie him , but that the young Gentlemen should come to Court , and go to Travel . King Henry loved any All-souls man ; but was enamoured with him , in whom concurred the three Perquisites of that Society . 1. A Gentle Extraction . 2. A graceful Behaviour . 3. Competent Learning . The young man designed for businesse , was to travel for Education , and the Scholar for Experience . 1. His Pension is allowed him , 125 l. a year . 2. His Tutor is assigned , who had been there before , and could instruct him what he should see , where he should go , what acquaintance to entertain , what exercise or discipline to undergo . 3. His Instructions were drawn up : as , 1. That he should keep a Diary of what the chiefest places and the eminent persons , either apart or in Conventions , yielded worthy of Remarque and Observation . 2. To have before him a Map or Card of every place he goeth to . 3. Not to stay long in any one place . 4. To converse with no Englishmen but Agents , Embassadors , or such grave persons as his Majesty would direct him to . 5. To endeavour after Recommendations from persons of quality in one place , to those in another ; keeping still his correspondence with the most publick and eminent persons of every respective place . Within five years he returned a compleat Gentleman , correcting the Vices of one Country with the Vertues of another ; and being one happy Composition of every Region . Sir Iohn Philpot was not so much the worse , as Sir William was the better for travel ; He returning to the shame of all Nations ; of his own , by his weakness abroad ; of others , by their follies at home : This coming home the honour of his own by his abilities abroad , of others by his perfections at home . Two things improved his travel : 1. An Artificial and careless freedome , that opened others . 2. A natural gravity , that shut him up , and was more capable of observing their Vertues , and escaping their Vices . Peter Earl of Savoy came to do his homage to Otho the fourth in a double attire ; on the one side Cloth of Gold , on the other shining Armour : the Emperour asked him what meant that Lindsey-Woolsey ? he answered , Sir , the attire on the right side is to hono●r your Majesty , that on the left is to serve you . Sir William Peter returns with those Gayeties of carriages on the one hand that might adorn a Court , and with those abilities on the other that might support it . His first employment was the Charts , the Lattin Letters , and the Forreign N●gotiation : the next , was Principal Secretary : In which Office , Wriothesly was rough and stubborn , Paget easie , Cecil close , Mason plain , Smith noble ; Peter was smooth , reserved , resolved , and yet obliging . Both the Laws he was Doctor of , and both the Laws he made use of ; the Civil Law to direct Forreign Negotiations , and the other to give light to Domestick Occasions . In the Kings absence in France 1554. Craumer and Thorleby are to assist the Queen in matters of Religion , the Earl of Hertford in Affairs of War , the Lord Parr of Horton , and Doctor Peter , in the Civil Government ; ( whose Maxime it was , It is the interest of the Kings of England to be the Arbiters of Christendome . ) Thus much he was to the Queen by Henry the eighth's Deputation , and no less to King Edward by his Will. A man would wonder how this man made a shift to serve four Princes of such distant Interests as King Henry , King Edward , Queen Mary . Queen Elizabeth ; untill he recollects the French King , who enquired of a wise man how he might govern himself 〈◊〉 his Kingdome ? the wise man took a fair large sheet of Paper , and instead of an infinite number of Precepts , which others use to offer upon that subject , he onely writ this word , Modus , A Mean. In King Henry's time he observed his Humour , in King Edward's he kept to the Law , in Queen Mary's he intended wholly S●ate-affairs , and in Queen Elizabeth's he was religious , his years minding him of death , and his death of his faith . He moved with the first Movers in most transactions to his apparent danger , yet he had motions of his own for his real security . Able he was at home , and very dexterous abroad ; particularly at Bulloin . The Philosophers exercising their Gifts before an Ambassador , he asked one that was silent what he should say of him ? Report to your King ( saith he ) that you found one among the Graecians that know how to hold his tongue . Ah , ( said Mounsieur Chatillon ) we had gained the last 200000 Crowns without Hostages , had it not been for the man that said nothing , ( meaning Secretary Peter . ) Neither was he better at keeping his own counsel , than at discovering other mens● as appeared by the intelligence he had , that the Emperour had ●ent ships to transport the Lady Mary into Germany , in case the King would not allow her the practice of her Religion , ( though three men knew not that Designe in the German Court ) whereupon he fetched her two Leez ; and thence , under the notion of preparing for Sea-matters , he sent over five thousand pounds to relieve the Protestants . Active he was about the Will in compliance with his duty to King Edward , but as nimble in his intelligence suitable to his Allegiance to Queen Mary ; whom he assisted in two Particulars 〈◊〉 . In making the Ma●ch : 2. In searching the bottom of Wiat's Insurrection : therefore , 1. When the Church-lands went against her conscience , Sir William Peter must be sent for . 2. When the Pope sent another Legate to turn out Pool , he must be sent for ; ( who advised her to forbid him this Land , as she very resolutely did . ) As serviceable was he to Queen Elizabeth , till his Age not being able to go through the difficulties , and his Conscience being impatient of the severities of those ●●●ie and harsh times , he retired to Essex , where his Estate was great , and his Charity greater : both which he bequeathed his Son Iohn , who was by King Iames made Baron of Writtle in that County . Observations on the Life of Cardinal Pool . HIs Extraction was so high , that it awakened King Henry the Eighth's Jealousies ; and his Spirit so low , that it allayed it : When he reflected on his Royal * Relation , he was enjealousied to hard thoughts of restraint and security ; when he observed his modest Hopefulness , he was obliged to those more mild of Education and Care , as more honourable than the other , and as safe : Religion and Study would enfeeble that spirit to quiet contemplation , which more manlike exercises might ennoble for Business and Action . It was but mewing him up in a study with hopes of a Mitre , and there would be no danger of his ambition to the Crown . The Privacies of the School and Colledge made him a stranger to the transactions of Court ; and he was two follow his Book , that he might not understand himself . His preferments were competent to content him , and yet but mean to expose him . Three things concurred to his escape from King Henry's Toyl . 1. His Relation's ambition , that could not endure he should be wrapped in Black , that was born to be clothed in Purple . 2. His own Inclination to adde Experience to his Learning . 3. The Kings Policy , to maintain him abroad , who could not safely keep at home . No sooner arriveth he at Paris , than the Pope caresseth him as a person ●it to promote his Interest : The House of York supports him , as one that kept up their Claim ; and the general Discontent crieth him up as one that was now the hope of England , and might be its Relief . That he might not come short of their Expectation , or his own Right , his large capacity takes in the Learning of most Unive●sities , observeth the way of most Nations , and keeps correspendence with all eminent men : The first of these improved his Learning , the second his Experience , the third his Converse . The Marquess of Exeter , the Lord Mountacute , Sir Nicholas Carew , Sir Edward Nevil , Sir Geoffery Poole , would have made him a King , ( but to gain him a Crown , they loft their own Heads ) and Pope Iulius made him a Kings Fellow ; but he was never Head of this Church since he put the Red Hat on this Cardinal . The King had him declared for a Traytor in England , and he him excommunicated for an Hereti●k at Rome . His Friends are cut off by the King at home , and the Kings Enemies che●ished by ●im abroa● . But Princes are mortal , though their hatred not so : For before the Kings deat● , he would needs be reconciled to Pool , and as some thought , by him to Rome ; wherefore he sends to him now in great esteem in Italy , desiring his opinion of his late Actions clearly , and in few words : Glad was Pool of this occasion to dispa●ch to him his Book de Vnione Ec●lesiarum , inveighing against his Supremacy , and concluding with an advice to Henry to reconcile himself to the Catholick Church , and the Pope as Heads thereof . Our King having perused this , and knowing it could not lie hid in Italy ( though Pool had promised not to publish it ) sends for him by Post to come into England , to explain some Passages ther●of : but Pool knowing tha● it was declared Treason there to deny the Kings Supremacie , r●fused ; desiring the King nevertheless in Letters to him and Tonstal , to take hold of the present time , and redintegrate himself with the Pope ; whereby he might secure his Authority , and advance it with the honour of being the cause of a Reformation of the Church in Doctrine and Manners . King Edward is King of England , and the Cardinal like to be Pope of Rome , keeping pace with the Royal Family ; He Head of the Church Catholick , They of that in England : but King Edward's weakness of Body sus●ered him not long to enjoy his Throne , and the Cardinals Narrowness and easiness of spirit suffered him not at all to sit in his chair . For upon Paul the Third's death , the Cardinals being divided about the Election , the Imperial part , which was the greatest , gave their voice for Cardinal Pool ; which being told him , he disabled himself , and wished them to chuse one that might be most for the glory of God , and good of the Church , Upon this stop , some that were now friends to Pool , and perhaps looked for the place themselves , if he were put of● , layed many things ●o his c●a●ge ; ●mong other things , That he was not without susp●tion of Lutheranism , nor without ble●ish of Incontinence : ●ut he cl●a●ed himself so handsomely , that he was now more impo●●●●●d to take the place then before , and therefore one night ( they say ) the Cardinal came to him being in bed , and sent word they came to adore him , ( a circumstance of the new Popes Honour ) but he being waked but of his sleep and acquainted with it , made answer , That this wa● not a work of darkeness , and therefore requir●d them to forbear until next day , and then do as God should put in their minds . But the Italian Cardinals attributing this put-off to a kind of stupidity and sloth in Pool , looked no more after him , but the next day those Cardinal Montanus Pope , who was afterwards named Iulius the Third . I have heard of many that would have been Popes , but could not ; I write this man one that could have been one , but would not . But though he would not be Pope of Rome , yet when Mary was Q●een , he was one of England ● where he was Legate , and if it had not been for the Emperour , had been King : For as soon as she was in the Throne of England , he was sent for out of Italy into the Chair of Canterbury ; but Charles the Emperour , by the Popes power , secretly retarded his return , fearing it might ob●truct the propounded marriage between his Son and the Queen . Indeed the Queen bare the Cardinal and unfeigned affection for six reasons : 1. For his grave and becoming presence , that endeared him no less to those that saw him , than his parts and prudence did to those that conversed with him : The Diamond is then orient , when set in Gold. 2. For his disposition , as calm as her Majesties● and as ●eek a● his Profession . 3. For his Age : being about ten years older , the proportion allowed by the Philosopher between Husband and Wife . 4. For Alliance : she being daughter to Henry the Eighth , and he Grandchild to Edward the Fourth . 5. For his Education with her , under his Mother . 6. For his Religion , for which he was an Exile , as she was a Prisoner , and both Confessors . But now when the marriage with Prince Philip was consummated , Pool at last got leave for England ; and to wipe away all suspition of Lutheranism , wherewi●h he was formerly taxed , he became a cruel , that he might be believed a cordial Papist : For meeting in Brabant wi●h Emanuel Tremelius , requesting ●ome favour from him , he not onely denied him relief , but returned him rayling terms ; though formerly he was not onely his very familiar Friend , but his God-father too , when of a Iew he turned Christian. Arrived in England , ( as the Historian goeth on ) he was first ordained Priest , being but Deacon before , and then consecrated Archbishop of Canterbury , the Queen being present , at Bow ; where rich in costly R●bes , and sitting on a guilded Throne , his Pall was presented to him : Adorned , he presently mounts the Pulpit , and makes a dry Sermon of the use and honour of the Pall , without either Langu●ge or matter ; all admiring the jejuness of his Discourse , as if putting off his Parts , when putting on his Pall. He made the breach formerly between England and Rome , by exasperating both sides : he now reconciles it , obliging many by his carriage , awing as many by his presence , dazling all by his pomp and splendour . Now he confirmeth the In●titution of Clergy-m●n into their Benefices ; he legitimateth the C●ildren of forbidden marriages ; he ratifieth the Processes and Sentences in matters Ecclesiastical ; and his Dispensations were confirmed by Act of Parliament . Two things he was intent upon : 1. The Church-P●iviledges ; whereof one he procured was , That the Clergy should not shew their Horses with the Layty , but under Captains of their own chusing . 2. The Spanish Interest ; and therefore P●●l the fourth , who was as intent upon the French , and looked upon the Legate as the principal Promoter of the last War in France , sends Cardinal Peito to ease him of his Legantine Power in England . But the Queen so ordered the matter , that by her Prerogative she prohibited Peito entrance into England , and got the foresaid Power established and confirmed on Cardinal Pool , as she did likewise 1000 l. a year for his better support out of the Bishoprick of Winchester . The more he lived in England , the more he was Italianized ; conversing with their Merchants , and practising their thrift ; his Pomp being ( ●aith my Author ) rather g●udy than costly , and his attendance more ceremonious than expensive . Fea●full he was of a Bank here , ( if Queen Mary died ) careful of one beyond Sea if he lived : therefo●e as he sends all his Estate to Italy by his Will when he died , so he did most of it by Bills of Exchange while he l●v●d : the first was j●dged his ●olicy , q ( the heart whereof is prevention ) the second his Gratitude , bestowing his Superfluities on them who had relieved his Necessities . Of all his Estate , Aloisius Priol took but the Breviary he had alwayes in his Pocket , so devou● he was and the Diary he had alwayes in his Closer , so exact he was to observe what was done by others , and recollect what had escaped himself● Die he did not of Italian Physick wilfully taken by himself , as Mr , Fox suggests ; nor of English Poison ; given him by the Protestants , as Osorius affirms ; but of a Quartain Ague , then Epidemical in England , and malignant above the ordinary nature of that Disease . This man was a Catholick in his Interest and Charity , and a Protestant in his Conscience , We cannot ( was his ●aying ) give too much to God● grace , nor too lit●le to our own merits . He said when he came to England , I came hither not to condemn , but reconcile ; not to compel , but desire . He would burn the Ashes of one or two Protestants when dead , to avoid the suspition of Here●ie ; but the Bodies of none when alive , to contract the real guilt of Cruelty . In Council sound were his Debates for the main ; circumspect his Suggestions of Circumstances ; reaching his foresight of Consequences● wary his Precautions of Impediments ; moderate and soft his Advices● prompt and steady his Expeditions ; happy his Memory ; many his Observations ; large his Reading ; strong his Spirit ; solid his Judgement ; sharp his Apprehen●ion● fluent , but weighed ; full , but pertinent : grave , but quick his Discourse : what he pronounced , was a D●cree with Queen Mary ; what he ●aid , was Law with King Philip : His naked Proposition was Demonstration : his Word Reason , fetched from the Principles of things , and grounded on their Causes . His Modesty never sued for Greatness , though that sued for him : for great men he said were Slaves to six things : 1. To mens humours ; 2. To business ; 3. To Fortune● 4. To their own Followers ; 5. To Fame ; and , 6. To the Publick . I will say no more of him , but that Modesty undoeth a Maid , and is the fool onely that puts Vertue out of Countenance . Bashfulness is at best but a weak and treacherous Vertue . Observations on the Life of Sir John Russel . HIs Name and his Valour is as ancient as the Conquest ; Vertue flowing in every Age of that Family with its Honour and Worth , keeping pace with their Advancements . In every man that we meet with , there are three things that immediately offer themselves to our Consideration : 1. The Mind . 2. The Behaviour . And 3. The Person . His Mind was befriended by Nature with a quickness and a capaciousness , helped by publick Education to a solidity and stayedness● improved in Travel with Observation , and raised by the slow , but happy degrees of his Preferments to Skill and Experience . They had need be slow and wary in that place where there is no failing the second time , the first errour being irremediable : therefore well-ordered Policy imitateth Nature , which worketh slowly● and step by step , causing the Blade to come from the Grain , the Tree from the Graft , the Blossom from the Tree , and Fruit from the Blossom : so ( saith my Author ) ought Policy to raise great persons from one degree to another ; to the end , that having made their Essays in meaner matters , they may finish their Master-pieces in more eminent Affairs , 2. He that demeans himself well , is ever ushered in by a friend that recommends him to the company that knew him nor . Sir Iohn had a moving beauty that waited on his whole Body , as that standing one doth upon the Face and Complexion : Such a grace and comeliness waited on His Noble Men , as exacted a liking , if not a love from all that beheld him . A midling Clarity and quickness is best in Wine , that is , neither to thick upon the Lees , nor yet too quick : our Knights comportment and carriage was neither dull nor vapouring , neither gross nor affected , but of a becoming temper , at equal distance with the Clown and the Pedant , what 's contemptible , and what 's invidious . 3. But both these were set off with his Person , of a middle stature , neither tall to a formidableness , nor short to a contempt : straight and proportioned , vigorous and active , with that pure blood and spirits that flowed and flowred within his swelling Veins , and disposed him to those natural and innocent , those manly and noble Exercises of Dancing , &c. Dancing , I say , which he was not exquisite in , for that is vanity : nor ignorant of , for that 's meanness : but a graceful exercise , ( wherein he was carelesly easie , as if it were rather natural motion , than curious and artificial practising ) which endeared his severer Vertues to that place where the worth that riseth must be complaisant and pleasing , as well as serviceable and useful . But the favour which proceeds from personal grace and comeliness , although it seem to be doubly united , yet it is that which is soonest dissolved and dissipated , there being nothing so inconstant as mens humours , which not onely change through Ages , but also by some small occasion or accident which may arise : Sir Iohn therefore brought himself into Court by what humoured , but kept himself in there by those things that did oblige him ; and stood not upon his Majesties pleasure , but his Interest ; adding to his more aiery Courtships , more solid Employments . From the softer Court therefore we must follow him to the Camp , and that before Terwyn , where we finde him daring and active : 1. In skirmishing the French every day ; 2. In recovering the red Gun overthrown in a L●ne from 10000 French , under the Earl S. Paul as General , with 250 resolute Reformades under himself but Captain ; although he was once taken Prisoner , as before Calice , where he redeemed himself from the Officer that had taken him for 250 Crowns , on condition ●he would conduct him safe from the French Quarter , as the man did , until they were gone so far , that Sir Iohn takes him Prisoner , compelling him to the Reimbursement of his money , with 200 Crowns more , to be bestowed on the Common Souldiers . As severely active w●s he at the siege of Tournay , as the oldest Souldier ; and yet as indocently pleasant at the Mask there , as the youngest Courtier . One of the sixty he was that went with the King to cut off the Passage between that City and the Army , and one of the eleven that went with his Majesty to entertain the Ladies at Lisle . From serving one King in France , he had the honour as it was thought to kill another in England , ( I mean Iames of Scotland ) and challenge a third in Paris . The same thing raised him , that advanced Wolsey : for he being sent to Maximilian , ( after Treasurer Naphant had brought him to Court ) dispatched his business so soon , that the King chid him for not being gone , when he was returned ; and withal asked him , Whether he had seen the Post that he had sent after him about a circumstance that had escaped him ? He answered , He met him in his return● but he had presumed to adde that particular of his own head , for which he asked his Majesties pardon , and had his favour too for the Deanery of Lincoln , and the Almonership . Sir Iohn was commanded with 1500 men to cut off the Convoy to Terwyn : which he performed with that speed and success , that when the King saw him , he said , I , I , Sir John , while we are fooling , the Town is relieved . So it is indeed , ( said he ) for I have sent them 2000 Carcases , and they have spared me 1200 Wagons of Provision . I but , said the King , I sent after you to cut off the Bridge Dreban . That , replyed the Knight , was the first thing I did : wherefore I am upon my knees for your Majesties grace and pardon . Nay then , ( said the King ) by Lady , thou hast not my pardon , but my favour too . He is the man for a Princes service , whose minde is present , and prudence is ready to meet with suddain occasions , and accommodate unexpected emergencies . The first effect of that favour , was his Nomination for one of the sixteen that answered the French challenge at the Lady Mary's Marriage , at Pa●●s , November 7 , 1513. which shewed his manhood , and how valiant he was . The second was , that he was one of the Forty five that were to be about his Majesty at the instant of his Interview with the King of France at Guisnes ● which was an Argument of his presence● and how goodly a man he was . The third was , that he was one of the Twenty two that with the Earl of Surrey Lord Admiral , and Sir William Fitz-Williams Vice-Admiral , proposed that secret , and therefore successful D●signe upon Britain , under pretence of Scowring the Narrow Seas , ( for now he is as good in the Sea as he had been in the Field ) for which he and eight more of his fellow-Captains , Sir Ioh. Cornwallis , &c. are Knighted by the aforesaid Lord Admiral : which speaks him a Sea-man , and indeed one of a general capacity . The fourth was , the great Trust his Majesty reposed in him , when he was sent in disguise to widen the difference that was newly broken out between the Duke of Bourbon , the high Constable of France , and the French King ; which he managed so well , that the discontented Duke declares for the Emperour and the King of England , to the great encouragement of the English , the satisfaction of his Majesty , and the success of his Designe upon Anchor , Boungard , Bray , and o●her places , where Sir Iohn shewed himself as active now , as he was before cunning as much surpassing the French Spirit in action , as he had over-reached their Prudence in Negotiation . But in vain was it to serve that King , unless a man obliged the Cardinal , ( he that Courts the Virgin Mary , must not neglect her little Saints ) him he attended in his second Journey to France , first to honour , and then to serve him . And now after his decease , when King Henry had done the work of mercy ( which was most proper for himself , as being most popular ) upon the Lincolnshire Rebels , he deputed the Duke of Suffolk , Sir Francis Brians and Sir Iohn Russel to perform that of Justice , which is most distastful : wherein yet he behaves himself with that exactness , that the Country was very well pleased , and the King as well satisfied ; insomuch that we finde our Knight now called from a Commander in in the Field , to be Controller at Court : where he managed his Masters Expences thriftily , reduced his Family discreetly , reformed his followers effectually , and filled up his place with the awe of his presence , and the influence of his Authority , that he was at once its support and its glory . Indeed Courts being those Epitoms wher●through strangers look into Kingdomes , should be Royally set of as with Utensils , so with attendance● that might possess all Comers with reverence there , and fear elsewhere . Hir Person graced his Imployment , and therefore his Majesty honoured his Person with the Order of the Garter , and the Title of Lord R●ssel ; and that his Preferment might keep pace with his Honour , he is made Lord Privy Seal , and his Nephew Sir Iohn Cage Controller . His Honour flacked not his Activity , but improved it ; neither was his Vertue onely violent in Ambition , and dull in Authority . Power to do good , is the true and lawful end of aspiring : therefore my Lord to his Staff , added his Sword ; and to his Court-honour , his Field service , as Lieutenant-General before Muttrel , and Marshal before Bulloign ; to the relief of the first whereof , he drew Mounsieur * Bies , that his Majesty might take the second . In the Camp he drew up the Designes , in the Field he managed the Treasure , and in Action to him was intr●sted the Conduct and manage . In the Kings last Will and Testament he was the fifth person , and in his Sons Council the fifth ; to whom he discovered a French Plot the first year of his Raign , and for whom he broke the Devonshire Rebels , what with delays , what with stratagems , to divide them according to their several Inclinations , the second , for which service he was made Earl of Bedford : The third , in the Faction at home between the Seymours and the Dudleys , he was Neuter : in the Treaties abroad between the French King and his Majesty of England , he was Principal ; where he observed three Rules : 1. That there should be a general Muster at home , while this Treaty went on abroad . 2. That there should be a blow given the Scots before there was a Peace made with the French , 3. That we should first know the French Overtures before we made our own , But while he was here , he discovered a Plot that the Emperour had to transport the Lady Mary over to his Dominions , and thereby bring her Brother to his terms : whereupon he with 200 men watcheth one Port , the Duke of Somerset with 200 more a second , and Master St. Leiger with 400 men a third , while the Lady was fetched by my Lord Chancellor to the King. But while he was serving his Master the King abroad , his Friend the Protector wanted his advice and assistance at home , he being of purpose sent out of the way , while that unfortunate Duke is first betrayed by his own folly , and then ruined by his Enemies power . I finde his hand among the rest of the Councellors in a Letter to Queen Mary , but not in Arms against her● He was concluded by the major Vote to a Commission for Peace , but not to Action for conscience sake . Faithful he is therefore to her in Council , and serviceable in Spain and France ; from the first of which places he brought her a Husband , and from the second a Treasure . He understood her Right , and disputed not her Religion ; regarding not so much her Opinion , as his own Duty ; not what she was , but what he should be . And thus he behaved himself , until his dear Mistress Elizabeth took him for one of her Protestant Councellours to balance her Popish ones : and not onely of her Council , but of her Cabinet : ( for as every man must have his Friend to ease his heart , so Princes have their Favourites to partake of their cares ) and the Marquess of Northampton , the Earl of Bedford , and Sir William Cecil , were the onely Persons to whom the Queen communicated her designe of Reformation , and correcting the Common-prayer ; and they ordered affairs so , that the Protestants should be in hope , and yet the Papists should not be out of hope . King Philip had a quarrel with the Queen for rejecting his suit , the King of Sweden for slighting his Son , the King of France in his Wives Right , the Queen of Scots in her Own , and the Pope for excluding his Supremacie ; her Subiects were as unsettled in their Loyalty as in their Religion : What remained ? but that my Lord of Bedford and Sir William Cecil should make up a well-tempered House of Commons by their Interest , who should carry along an indifferent House of Lords by their Resolution ? When he had served the Queen in Parliament for the settlement of her Kingdom at home , he served the Kingdome in an Embassie to Scotland , to set up its correspondence abroad . The Earl of Leicester aimed at the Queen of England , and the Earl of Bedford , to divert him and secure Scotland , design'd him for the Queen of Scots ; whom he watched for two things : 1. That she should either match with an English Subject , or 2. With a soft and weak Forreigner ; that either the Scots might be in league with us , or have no peace at home . His last service I finde is a complement , when he was sent by the Queen as her Deputy , with a font of massie Gold worth 1043 l. to hold King Iames at his Baptism ; with express command not to acknowledge my Lord Darley as King. This his service was as lasting as his life , which ended in old Age and Renown . He conveyed his Vertue and Honour to the Excellent Francis , as he did to the Right Honourable William Earl of Bedford : now living . Observations on the Life of Stephen Gardiner Bishop of Winchester . THe tuition of the Earl of Dorset's Children raised Wolsey ; travelling with the Duke of Norfolk's raised Gardiner : Fox his service in the quality of Secretary , made the fi●st ; and his in the same quality , made Gardiner . There are three kindes of Understanding ; The one , that is advised by its self ; the second , that understandeth when it is informed by another ; the third , that neither is advised by its self , nor by the assistance of another . If this Doctor failed in the fi●st , and his own invention , he exceeded in the second , of making use of others ; for he was one of them that never heard or read what was not his own . His Profession was the Civil Law , that guideth forreign Nego●i●tions : His Inclination was that general Policy that manageth them . His Eminencies were three : 1. His Reservedness : Whereby he never did what he aimed at , never aimed at what he intended , never intended what he said , and never said what he thought ; whereby he carried it so , that others should do his business , when they opposed it ; and he should undermine theirs , when he seemed to promote it . A man that was to be traced like the Fox , and read like Hebrew , backward : if you would know what he did , you must observe what he did not . 2. His Boldness . Authority sometimes meets with those impediments , which neither power can overcome , nor good fortune divert , if Courage and Fortitude break not through and furmount them ; and the motions of the irascible faculties , such as Hope , Boldness and Choler , being well ordered , and conducted by Reason , engage those difficulties she encountereth in the execution of her designs : Reason discovered him his enterprizes , his Will enclined him to them , and the noble transports of his regular passions ●et out both with that ardour and vehemencie , as bear down obstacles , and compass the design : A hope he had , that never rashly engaged him in desperate under●akings ; an audaci●y that precipitated him not weakly into impossibilities ; and a choler that led him not blindly to inevitable ruines : Consideration managing ●he first , Discretion and Forefight the second , and Reason the third . What doth is avail a man to be wise , in knowing what is fit to be done ; prudent , to invent means ; just , to appropriate affairs to publick good ; authorized and happy , to cause them to succeed ; if a Courage , guided by Reason , accompanied with Prudence , ●uled by Discretion , animated by a generous Boldness , be not diligent , quick and p●ompt for Execution ? His nature was generous and constant : His Education ( like that of the Roman Youth among Statesmen ) manifold and solid : His Soul was free , and dis-engaged from any particular Design . 3. El●quence ; That added to his Parts what colours do to a Picture● s●ate , g●ace and light : Reason is the O●nament of a Man , Speech the Interpreter of Reason , and Eloquence the grace of Speech ; wherein the Orator excelleth other men , as much as they do other creatures . His Wisdom advised , his Prudence contrived , his Courage resolved , and his Eloquence perswaded ; adding at once gracefulness to his Designs , and vigour to his Enterprizes ; as that wherewith he could satisfie mens Reasons , and master their Passions , by which he carried them whither he pleased : His lively Expre●s●on animates his Reason , his Eloqu●nce his Expression , and his Gesture hi● Eloquence ; whereby he charmed the Senses , mollified Hearts , incited Affections , framed Desires , check●d Hopes , and exercised a sacred Empire over every man he dealt with . These qualities improved with Travel , raised the D●ctor to be the Chancellou●'s Secretary , and the * Legantine Courts chief Scribe at home , a ●ly Agent in Italy , a successful Orator in Germany , and Leiger Embassador in France . In Italy , he with D●ctor Fox ( hav●ng the King of France his Agent to second them ) gained the Popes Commission for hearing of the Cause between King Henry the VIII , and Queen K●therine . In Germany he undermined the French King , and in France the Emperour . Upon the poor Pope ( whom he found not worth 20 l. ) perplexed between the King of England , who had set him at liberty , and the King of Spain , who had maintained him , he wrought so far , as to gain a dubious Letter in Cypher to the King , and a clear promise to the Cardinal , both about the suppression of some Monasteries , and the Divorce ; which the craf●y Agent extorted from the fearful man , with his Necesse est , &c. although all this while he palliated this his main business , with some impertinent ov●rtures abou● King Henry the seventh's Canonization : None better understanding the just degrees , seasons and methods of Affairs , than this Doctor : Where he spoke one word for his Majesties Divorce , he spoke two for the Cardinals Advancement , having the French Kings Letter with him to that effe●t , in omnem eventum : In order whereunto he threatned the Pope from Germany , and Germany from Rome ; so that their mutual jealousies forced them to a compliance with his Royal and Sacred Master . A great Agent he was in this business while Woolsey's Secretary , a greater when the King● ; in which capacity he writ , they say , one Book for the Pop●'s Supremacie in his Masters Name , and another for the Kings in his own . He draweth the Kingdom 's Remonstrance against the Pope , wherein he hath one shrew'd argument ; to this purpose those sacra or wayes of Religion that have any thing in them in any nation against the light of nature , and the being of humane society were severely animadverted on by the Romans upon this principle , that it was to be supposed that Gods Religion should interfere with government which is Gods institution , ●nd that way of Religion which hath in woven in it principles that make the Ecclesiasticall power a Competitor with the Civil , and the Pope's against the Kingdom : He and Doctor Fox are employed to gain the Vote of Cambridge for the Divorce ; where he brought it from the Negative to even Voices , and from even Voices to a Dispu●ation , and upon that , to a Determin●tion on the Kings ●ide : for which we find him now Bishop of Winchester , Archbishop Cranmer's Assistant at pronouncing the Divorce at the Priory of Dunstable , and one of the two Embassadors at the Interview between King Francis and King Henry . As he had declared himself by writing , so he drew up a Form whereby others might declare themselves by oath for the Kings Supremacy : And as he owneth the Kings Authority , so he maintaineth it in his Apology for Fisher's Death . But because no power is lasting , when Religion is not venerable , the wary Bishop promotes the Statutes of six Articles in the House of Commons , in spight of Cromwel and Cranmer ; and urgeth the retaining of some essential Latin * words in the translation , in the Convocation ; Words , for their genuine and native meaning , ●nd for the Majesty of the matter in them contained , not to be Englished : Though he could not keep the word from shining , yet he had wit enough to keep it in a da●k Lanthorn , to keep the Laity at their distance , and bear up the Will-worship of Rome . H●d he kept here , King Henry had been satisfied ; but when his success improved his boldness , and that precipitated his undertakings , he must be quarreling with the Protestant Queens , and so fall out with the Ux●rious King , under whose displeasure he continued while he lived , as he did under his sons afterwards : ( First , for refusing a confession of his fault , and then for not subscribing some Articles proposed unto him , though he owned the Supremacy , the Reformation , and said of the Common-Prayer , That though he would not have made it so himself , yet he found in it such things as satisfied his conscience ; and therefore he would both execute it himself , and cause others of his * Parishioners to do it ; and if he were troubled inconscience , he would reveal it to the Council , and not reason o●enly against it : ) so that he lost his Liberty a●d his B●sh●prick , untill he was restored to both by Queen Mary , ( who kissed and called him her Prisoner in the Tower ) and likewise advanced him to the Chancellourship ; wherein he did more harm by others than himself ; keeping alwayes behind● the Curtain , and acting in Oxford by Visitors , in London by Bonner , and in his own Diocess by Suffragans ; Onely in two Particulars he declared himself : 1. Against the Princess Elizabeth : saying , In vain it is to lop the Branches , while the Root remains . 2. Against the Exiles : Threatning that he would watch their supplies , so that they should eat their nails , and then feed on their fingers ends . But threatned Folks live long ; and before the Confessors were brought to that Bill of fare , the Bishop was eaten of worms himself , dying suddenly and strangely ; wholly a Protestant in the point of merit , who had been in other things so zealous a Papist . One piece at once of his Prudence and Resolution , and I have done : The Lord Protector by Letters sollicited Gardiner to resign Trinity-Hall to the Kings hand , who designed one Co●ledge out of that and Clare-Hall : Most politick Gardiner ( saith my Author ) not without cause suspecting some design or casualty might ( surprize the Interval between the dissolution of the old , and the erection of this new Foundation , civilly declined the motion , informing his Grace , That the way to advance the study of the Law , was by promoting the present Professors of that Faculty , ( now so generally discouraged ) and not by founding a new Colledge for the future Students thereof ; seeing Trinity Hall alone could breed more Civilians than all England did prefer according to their deserts . Observations on the Life of Sir William Herbert . HIs Family had not endeared its self to the antient Kings by its service , nor his Grandfather himself to King Henry the Seventh by his Relation , more than He did Himself to King Henry the Eighth by his Merit . He was a great Pattern of antient Vertue , that in the greatest Fortune enjoyed the least Liberty : Vigilant and careful : One whose Power was attended with Sollicitude , ( there was an Eye in the ancient Scepters ) and his sollicitude with Temperance ; ( he that commands himself , commands the World too . ) While some mens imprudent integrity can do no harm , and others base cunning can do no good ; Sir William's Prudence and integrity was equally able for both , as there was occasion . Very close and successful were his and my Lord Shefield's Negotiations abroad : Very resolute and manly his Conduct at home . He was one of the twenty four Counsellours to Henry the Eighth while he lived , and one of the sixteen Executors of his Will when he died . All great undertakers must avoid softness and effeminacie , the bane of great Natures and Actions : For where there is love and pleasure , there is fear ; and where there is fear , there is that which enchains Generosity and confines Courage . He had his double Diary ; the first for Actions , the second for Observations upon them : And indeed his and Sir William Kingston's Manuscripts give a great light to the History of those times : In which Diary we finde what actions he did against the Scots by constant alarms with three thousand Welch , and what against Ket's Rebels by notable stratagems with two thousand . The man is compleat that hath a Head and a Heart . As to the Faction in King Edward's time , he would not concern himself , looking on accusations in a Commonwealth as great advantages to check ambition , and vent discontent ; that the one may not aspire too dangerously , nor the other break out too irregularly . And as little concern'd was he in King Edward's Will ; his business being ra●her obeying the Sovereign that was , than determining who should be . He was a throughly advised man ; one that gazed not on the issues , but enquired into the reasons and spring of Actions . Very useful he was in Queen Mary's Council , and no less in King Philip's War , where he got St. Quintin for him , and a lasting Renown for himself : who died in Queen Elizabeth's time , and left this plain Character behinde , That he was a noble Gentleman , of a trusty , a free and an open Nature . Observations on the Lives of Sir Thomas Mannors , and Sir Ralph Evers . I Joyn them both in my Observations , because they agreed both in their dispositions : 1. Both Nobly Religious , and so blessed themselves , and being a blessing unto others ; Their Religion was attended with Magnanimity , Constancy , Wisdom , Prudence , Valour and Counsel , as the Products of it ; and with Success as the Issue . 2. Both famous and renowned ; having Honour , as the shadow doth the Sun , going before them in their younger years , to make their way to action ; keeping even with them in their middle age , to countenance and credit their proceedings ; and following them in old Age to eternize and embalm them : Both making their way to Honour as Agesilaus in Plutarch , or Epictetus in Strabo , by saying what was well , and doing what was better ; or with Socrates , by being what they appeared , and appearing no more than they were : ( Vertue , though obscure , may satisfie me ; it must be renowned , or it c●nnot serve othe●s : ) But action is the life of things , and good dispo●itions are rather a mans Inclinations than his Vertue . Both therefore are in their Courage regular , in their Conduct observant , in their Addres●es obliging , in their Passions even , in their Enjoyments severe , and in their Services equal . Sir Thomas Mannors first weakned the * Northern Rebels , by such discree● Propositions as met with many of their Humours and Interests , and then resolved to engage them , but that the little Brook Dua swelled miraculously to a River , b●tween both Armies : And at the same time Sir Ralph Evers held Scarborough ● Castle , where he had no Souldiers but his own Servants , nor any sustenance for twenty days , but bread and water . For this service he is made Lord Warden of the Marches , as Sir Thomas is Lord Governour of the North. Both did his Majesty as much service in Peace for his Revenue , as in War for his Security : Both against the Cardinal's way of raising Money , which was but the relieving of a present need by laying the foundation of a lasting inconvenience ; being ve●y careful that their Master did not lose in the president what he gained in the money . Observations on the Life of Sir John Baker . THere is one of this Name remarqueable in every Kings Reign since the Conquest ; here is one now renowned in this : 1. For Integrity , to be neither awed nor corrupted : 2. For a Spirit publick as Nature , neither moved with particular respects , nor terminated in a private Design . The French were so insolent in London the eighth year of Henry the Eighth , that when one Williamson a Carpenter was about to pay for two Pigeons he bought , a Frenchman takes them out of his hand● saying , They were no meat for Carpenters , but for my Lord Embassadour ; who concerned himsel● so mu●h in the case , that he had Williamson imprisoned : Sir Iohn sued to the Embassadour for the man , who answered , That the English Knave deserved to be hanged for denying any thing to a French man. Whereupon Sir Iohn replied , You know not that you are in London : A no●able reply , considering that the City was up next day against Strangers , in so d●s●erate a tumult , that none could suppress but Sir Thomas More , and none settle but Sir William Kingston and Sir Iohn Baker . No sooner had he allayed the disorder at home , but he with the Bishop of St. Asaph , are sent to appease a Rebellion abroad , I mean in Denmark , though in vain ; when the Kings cruelty exceeded their apology , and ruine was more elegiable with that people , than duty or obedience : Where he observed these six Maximes , in order to a newly conquer'd Kingdome : 1. That the Royal Line should be extinguished . 2. That the old Customs in Lawes and Taxes should be observed . 3. The Prince must be there to observe their humours in person . 4. That the Officers be moderate and honest . 5. That there be Colonies planted in one or two places that are the Keys of the S●ate . 6. That the Neighbours should be weakned and divided , and the In-land Forts demolished . As he would have composed the troubles of forreign Princes , so he served the necessities of his own , being the most successfull Commissioner for the Benevolence in the Countrey ; and the most active Agent for the loan in London : Wherefore I finde him Chancellour of the Exchequer , An. 1545 , and one of the assistants to the Trustees for King Edward , 1547. Judge Mountague was the onely person that durst dispute King Edward's Will : Judge Hales and Sir Iohn Baker were the onely Councellours that durst refuse it ; the first whereof stood to the Law , against ●ower ; the second , to his Allegiance against Interest ; and both to the rights of the Crown which are lasting , rather than the Designes of some Favourites that are as momentary as their Greatness , and as uncertain as their Grandeur . This constant and firm resolution to stick to his Duty and L●yalty , brought him to his Grave in peace and honour ; having been a faithful Councellour and Servant to King Henry the eighth , King Edward the sixth , Queen Mary and Queen Elizabeth . Observations on the Life of Sir William Kingstons . HE was one of the greatest Courriers at Masks and Revels , one of the best Captains at Sea , and one of the most valiant and Skilful Commanders by Land. None more pleasing to the English Ladies , none more terrible to the F●ench King. Cunningly did he discover the King of Spains Designe upon Navarre to his Maj●sty , by pre●ending a Revolt to that King of Spain ; and as cunningly did he draw the French Troops into a snare , by counterfeiting a retreat towards Britany . His Advice had saved the Admiral at Brest , and his Foresight did rescue Sir Edward Belknap near Guis●es . He was Knighted for his Service at Tournay , and made Marshal for his Success at Flodden . He was one of them that perswaded the City to its duty at * Shoreditch ; and if that would not do , he was to command it from the Tower ; being Commissi●ner in the fi●st place , Aug. 2. and Lieutenant of the second , September 6. ( The Multitude is rather to be awed than reasoned with . Some Princes have disarmed their Subjects , others have divided them , a third sort have obliged them ; others yet have kept up Plots amongst them : but all have built and commanded Fortresses to secure themselves . ) It were well if Love did , it 's necessary that Fear should guide this World. The King condescended one day to Just with him ; and he , though invincible , to fall by his Majesty , ( You must let a Prince be a Prince in every thing . ) So complaisant he was , that he was one of the six Maskers at Court at 50 ; and yet so grave , that when divers young men that were familiar with the King after the French mode were banished , he kept his Station , as one of the stayed men , at 30. He was one of the 16 that attended the King in his first Interview with the Emperour ; and one of the 40 that waited on him in the two last with the King of France ; narrowly escaping at the last that poyson as some thought , or ill vapours , as others conclude , whereof the open-hearted Lord Brooks , the valiant Sir Edward Poynings , reserved Sir Iohn Pechy , and active Sir Edward Belknap , died : whereupon with his advice , all French-men were put to their Fines , and all Scotch to their ransome . Neither was he onely for shew , but service too , leading the Right Wing of the Army at Guisnes , when Sir Everard Digby commandeth the Left , the Lord Sands the Vanguard , Sir Edward Guilford then Marshal of Callis the Horse , Sir Richard Wink-field the Rear , and the Duke of Suffolk the main Battle . Where his Assaults on Cappe and Roy spake him a Souldier , as his underhand correspondence with the Lord I●●lstein argued him a States-man . Sir Thomas Maunors the first Earl of Rutland of that Name discovered , and Sir William Kingston told His Majesty the Cardinals Plots against the Kings Marriage with Queen Anne , and his Designe to marry him to the Dutches of Alanzon : A Designe , that because it seemed to over-reach his M●jesty in cunning , and really did cross his Inclination in malice , that incensed his Majesty to a passion which could be appeased with no less a sacrifice than the Cardinals fall : in order to which , the next service of this Knight , is as Lieutenant of the Tower to take him to custody : which he did at Leicester with a Noble resolution , considering that mans greatness , with a due reverence regarding his calling , and with a tender compassion respecting his condition ; perswading him gently of the Kings Favour , at that very time when he was come to be an Instrument of his Iustice. And what he did to a Cardinal now , he did to Queens afterwa●ds ; never Prince commanded higher services than King Henry , nor subjects discharging them more undauntedly than Sir William : because therefore he was so severe a Lieutenant in ●he Tower , he is made a P●ovost-Marshal in the Field ; in which capacity , after the Devonshire-Rebels defeat , we have these two remarkable stories of him . 1. One Bowyer Mayor of Bodmin in Cornwal , had been amongst the Rebels , not willingly , but enforced ; to him the Provost sent word he would come and dine with him ; for whom the Mayor made great Provision . A little before Dinner the Provost took the Mayor aside , and whispered him in the Ear , that an Execution must that day be done in the Town , and therefore he must set up two Gallows . The Mayor did so . After Dinner Sir William Kingston thanks him for his Entertainment , and then desires him to bring him to the Gallows : where when they were come , Sir William asked him , Whether they were strong enough ; I , I 'll warrant thee , saith the Mayor . Then , saith Sir William , get you up upon them , I hope , saith the Mayor , you do not mean as you speak . Nay , Sir , saith he , you must die ; for you have been a busie Rebel . And so without any more ado hanged him . 2. A Miller that had been very active in the late Rebellion , fled , and left another to take his Name upon him . Sir William Kingston calls for the Miller , His Servant tells him that he was the Man. Then , saith he , you must be hanged . Oh Sir , saith he , I am not the Miller , If you are not the Miller , you are a lying Knave : if you are the Miller , you are a trayterous one , and however you must dye . And so he did . Punish the Multitude severely once , and you oblige them ever : for they love that man onely for his Good Nature , whom they fear for his Resolution . Observations on the Life of Sir Thomas Cheyney . THree things advised men in King Henry the Eighth's days : 1. Their Extraction : 2. Their Wit : 3. Their Comeliness and Strength . For the first , his Name was up since Battle-Abel-Roll ; as to the second , it was enough that he traveiled with Wolsey : and touching the third , there need be no other instance than that at Paris , where upon the Daulphin's Proclamation of solemn Justs , the Duke of Suff●lke , the Marquess of Dorset , Sir Edward Nevil and He , answered the Challenge ; as not long after he encountered King Henry himself at Greenwich , where he had the great Honour of a strong and valiant Knight and a greater of being overthrown by his Majesty . Having engaged his Majesties Person at home , he had the Honour to represent it abroad : where his Commission was to complement the French King about his Liberty , but his Business to observe the state of that place : Where he saw that a Kingdom governed by a Prince who hath under him other independent Lords , as that of France , is no longer safe , than those Lords are either in Humour , or in Purse ; being always in danger either from their discontent or corruption : 2. That Faction is always eager , while Duty is modest and temperate . This Occasion ennobled his Vertue , and his Vertue improved the Occasion so well , that I finde him so eminent a Parliament-man the 22th of King Henry , that as Sir Brian Tuge had the Honour to open the several Boxes sent from the respective Universities , with their opinions about the Kings Divorce● so Sir Thomas had the happiness in a set Speech to insist upon them all in general , and every one in particular . And at Queen Anne's Coronation my Lord Vaux , Sir Iohn Mordant , Sir Thomas , and ten more , are made Knights of the Bath . Having acquitted himself Nobly in Court and Council , he attends the Earl of Hertford against the Scots , as Commissary ; and Sir Iohn Wallop with Sir Iohn Rainsford , as Marshal : for his Services in both which capacities , he is made Lord Warden of the Cinque Ports in England ; and with the Comptroller , Sir Iohn Gage , made Field-marshal , and Treasurer of the Army before Bulloign : And not long after , Treasurer of the Houshold , and one of the Assistants for the Over-seeing of King Henry's Will. When some were joyning others with the Protector , others for limiting him , Sir Thomas would say , That ( as Machiavel saith , No Laws , so ) No good could be done by a Governour that was not absolute , without either a Restraint or a Competitor . Upon the Reformation he would say , That the disesteem of Religious Ceremonies argued the decay of the Civil Government : good Princes have first kept their People Religious , and thereby Vertuous and united : both old and new Rome stand by this . In a word ; what makes all men , made him , A generous industry of Minde , and a well-set hardiness of Body , which were attended while he lived with Honour and Success , and since he is dead , with Repu●e and Renowe . Where eminent and well-born Persons out of a habit of sloath and laz●ness , neglect at once the Noblest way of employing their times , and the fairest occasions of advancing their fortunes ; that State , though never so flourishing and glorious , wants something of being compleatly happy : As soon as ever therefore the Kingdom is settled ( sedate times are the best to improve a Common wealth , as his quiet hours are the best to improve a man ) he and Sir William Howard addressed themselves as vigorously to the opening of Commerce and Traffick , for the enriching of this Nation , as they had before to the exercise of Arms , to secure it : Pursuing the Design with Resolution , and keeping the frame of it in order with Industry , their constant Spirit surmounting all Difficulties that stood in the way of their own Glory , or their Countrey 's ●appiness ; working so well upon the Russians , that they not onely obtained their Desire , but gained so far upon the Affections of that people , that they obtained the greatest priviledges any Tradesmen ever enjoyed in Muscovy ; which the Russians were not easi●r in the promise of , than just in the execution of that promise : So that the Trade is advanced not onely beyond our hopes , but our very pretences too , by those three particulars that never fail of success : 1. Union : 2. Conduct : 3. Courage in enterprizes vigorously begun and watchfully pursued : Until Queen ELIZABETH concerned her self so far in the Undertaking , as to influence it with a Character peculiar to the Dignity of such a Constitution : which carried that Commerce higher than others could raise their Imaginations , as we see ; whose profit by it is as remarqueable in this Age , as their zeal for it was in the last : When Fear and Distrust , those ignoble passions that disparage all great Undertakings , which judged that Design a piece of extravagant Folly , seeth it now an Act of profound Wisdom ; especially when it may be improved under CHARLES the Second and the Great , a Prince who by admirable order of his conduct , the just administration of his Revenue , and by his fatherly goodness towards his people , hath put himself into a condition to u●dertak● without fear whatsoever may be put in execution with honour or Justice . The End of the Observations upon the Lives of the Statesmen and Favourites of England , in the Reign of Queen Mary . THE STATES-MEN and FAVOURITES OF ENGLAND , IN The Reign of Queen Elizabeth . Observations on the Life of Sir Nicholas Bacon . Sir Nicholas Bacon , a man full of wit and wisdom● , was a Gentleman , and a man of Law , and of great knowledge therein , whereby , together with his other parts of Learning and Dexterity , he was prompted to be Keepe● of the Great Seal ; and being kin to the Treasurer Burleigh , was brought by his help into the Queens favour . This Gentleman understood his Mistress well , and the times better : He could raise Factions to serve the one , and allay them to suit the others . He had the deepest reach into Affairs of any man that was at the Council-●able : the knottiest Head to peirce into di●ficulties : the most comprehensive Judgement to surround the merit of a Cause : the strongest memory to recollect all circumstances of a Business to one View : the greatest patience to debate and consider ; ( for it was he that first said , Let us stay a little , and we will have done the sooner : ) and the clearest reason to urge any thing that came in his way in Court or Chancery . His favour was eminent with his Mistress , and his Alliance strong with her States-men . No man served his Soveraign more faithfully , none secured himself more wisely . Leicester seemed wiser than he was , Bacon was wiser than he seemed to be ; Hunsdon neither was nor seemed wise . Much Learning my Lord Bacon gained in Bennets Colledge in Cambridge , more Experience in Paris of France : His De●terity and Dispatch advanced him to the Court of Wards , his deep Experience made him Lord Keeper . Alliance was the policy of that time . Bacon and Cecil married two Sisters ; Walsingham and Mildmay two more : Knowles , Essex and Leicester were linked ; the prudent Q●een having all her Favourites Relations and Dependencies in her eye , and disposing of them according to their several Interests . Great was this States-mans Wit , greater the Fame of it ; which as he would say , being nothing , made all things : For Report , though but Fancy , begets Opinion ; and Opinion begets Substance . He was the exactest man to draw up a Law in Council , and the most discreet to execute it in Court. When others urged the repeal of that Act whereby Queen Elizabeth was declared Illegi●imate , he rather suppressed it , chusing the closure of a festered Wound more prudent than the opening of it ; and judging it more wisdome to satisfie the world with the old Law , That the Crown takes away all defects ; than to perplex it with new disputes , Whether Queen Elizabeth were Legitimate . State-miscarriages are rather to be privately connived at , than publickly redressed ; the remedy it may be doing no more service than putting the people in minde of the mishap . He neither affected nor attained to Greatness : Mediocra firma was his Principle and his Practice . When Queen Elizabeth asked him , Why his House was so little ? he answered , Madam , my House is not too little for me , but you have made me too big for my House , Give me , said he , a good Estate , rather than a great one . He had a very Quaint saying , saith Robert Naunton , and he used it often to very good purpose , That he loved the Jest well , but not the loss of his Friend . He would say , That though unusquisque suae fortunae faber , was a true and good Principle ; yet the most in number were those that marred themselves : but I will never forgive that man that loseth himself , to be rid of his Iest. The Excellency of his Parts was set off with the Gravity of his Person ; and the Queen would say , My Lord Bacon's Soul lodgeth well . His Account of England and all its Affaires , was punctual : his use of learned Artist , was continual : his correspondence with his fellow-Statesmen , exact : his apprehension of our Laws and Government , clear ; his model of both , methodical : his faithfulness to the Church , eminent : his industrious invention for the State , indefa●igable . He was , in a word , a Father of his Country , and of Sir Francis Bacon . Sir Nicholas ●acon was the moderate man that was appointed to preside at the Disput●tion between the Protestant and Popish Doctors in the first of Queen Elizabeth . H● was that Judicious States-man , to whom was trusted the management of that Parliament and Convocation : The satisfaction of the People and Kingdome , and those Delatory proceedings with France , Spain and Rome , that were at the bottom of the great work of Reformation , and settlement at that time . Observations on the Life of William Cecil Lord Burleigh . WIlliam a Cecil was born with the advantage of being Richard Cecil's Son , ( who was of the Robes to King Henry , and a Legatee in his Will ) and bred with that of being Commoner of St. Iohns in Cambridge , and Student at the b Innes of Court in London ; whence he was advanced by his Pregnancy to serve the Duke of Somerset in quality of Master of Requests , as he was afterwards by his Master to attend King Edward the sixth , in the capacity of Secretary of Stat● ; where he furnished all Acts and Orders with Reasons of State , as he had them fitted by able Lawyers with Arguments of Law. He loved always , they say , to wrap the Prerogatives in the Laws of the Land. He was constant , but not obstinate in his Advice . c As the Planets are whirled about dayly From East to West by the motion of the Primum Mobile , yet have a contrary motion of their own from West to East , which they slowly , yet surely move at their leisures : so our States-man , though yielding in some things to Greatness of some Persons in an Age wherein it was present drowning not to swim against the stream ; Yet had he his counter-endeavours against the prevailing strain , and privately advanced his rightful Intentions against othe●s wrongful Ambitions . If dissenting from his Superiours , he did it with all humility and m●deration ; yet chusing always rather to displease than betray . He was in much favour with King Edward , in some with Queen Mary , in most with Q●een Elizabeth ; who though sparing of her honours , yet heaped on him the trust of Secretary of State , the Profits of the Master of the Wards , the A●vancement of Lord Treasurer , and the degree of Baron of Burleigh : for as he followed the Marquess of Winchester in his Employment , so he did in his Compliance . When he was out of place , he was not out of service in Queen Mary's days ; his Abilities being as necessary in those times as his Inclination ; and that Queens Council being as ready to advance him at last , as they were to use him all her Reign . In Queen Elizabeth's time he setled the Crown by setling Religion ; and by an utter separation from Rome , strengthened England . He made equal use of those that were then Protestants by Interest , and they who were so in Conscience : Those that had affections for Church-lands , and those that had affections for the Church . The Pope would by a Bull confirm the sale of Abby-Lands ; But who , said Burleigh , can confirm the Popes Bull ; The King of Spain secured the Queen in hope of her Bed , the Pope winked at her in hope of her Heart : Burleigh over-reached the one by a fair complaysance , and the other by insensible alterations . During the Q●eens ten years calm , Cecil provided for a tempest ; and improved her Shipping and Ammunition to a dreadfulness at Sea , as he did her Army to a great skill and experience by Land. He made Holland our Stage of War , and our School of Discipline ; where England gained the security and experience of War without its calamity and desolations ; always Offensive , and once onely Defensive . His Intelligence abroad , was no less than his Prudence at home ; and he could write to a friend in Ireland what the King of Spain could do for two years together , and what he could not do . His Advic●s from his Pensioners abroad , were presented Queen Elizabeth once a fortnight ; 1. clearly and plainly ; 2. methodically and distinctly ; 3. speedily and seasonably ; 4. truly and fully . He exchanged his Interest for Walsinghams Intelligence , who commanded what he could do , as he did what the other knew . The Bull clapped at London-house , was first in our S●ates-mans study : where they might learn what they were to do , and Protestants what to expect , many years before any thing was visible . When Leicester would have no Equal , and ●●ssex no Superiour , then Ceeil as Neuter served himself of them both . He would wrestle with neither of them , yet he would trip them both : they having many rubs in their way , yet never saw who laid them . He never quarrelled with any ; neither , saith Cambden , did he ever sue , or was he ever sued . Prud●ns qui Patiens , was his saying , before it was Sir Edward Cookes Motto : and he had rather tire our Opposition by his moderation , than improve it by his Impatience . Others w●re raised to balance Factions , he to support the Kingdome : Fickle Favour tossed them , constant Interest secured him . No fewer than the Marquess of Winchester , the D●ke of Norfolk , the Earls of Northumberland , Arundel , Pembroke , Leicester and Westmorland contrived his fall ; but reason of State and his Mistress kept up his ●tanding . Sir Nicholas Throgmorton advised them to clap him up , saying , That then men would open their mouths to speak freely against him : but the Queen understanding hereof , and standing , as I may say , d ( sai●h my Autho● ) in the very prison-door , quashed all their Designes , and freed him from the mischief projected against him . Great was the value the Queen set upon him , as her ablest Minister of State : for coming once to visit him being sick of the Gout at Burleigh-house in the Strand , and being much heightned with her Head-attire then in fashion , the Lords servant who conducted her through the door , said , May your highness be pleased to stoop . The Queen returned , For your Masters sake I will stoop , but not for the King of Spain . She would make him always sit down in her presence : saying , My Lord , we make use of you not for your bad L●ggs , but your good Head. He was a good friend to the Church as then established by Law ; advising his son Thomas never to build a great house , or bestow any great charge upon an Inpropriation , as fearing the foundation might fail hereafter : yet conniving at sober Non-conformists , to strengthen the foundation at present , he checked the forwardness of private men , and advanced the honour of the publick Establishment on all hands . Good my Lord , ( saith he in his Letter to Archbishop whitgift , in the behalf of some squeamish Ministers ) bear with my scribling ; I write with the testimony of a good Conscience : I desire the peace of the Church ; I desire concord and unity in the exercise of our Religion : I fear no sensual or wilful Recusant . I would not make Offenders , neither would I protect them . And I pray your Grace bear this , ( and perchance a fault ) and yet I have sharply admonished them , that if they will be Disturbers in their Churches , they must be corrected : and yet upon your Graces answer to me , Ne sutor ultra Crepidam ; neither will I put Falcem in alterius Messem , ( Was his Chaplain Traverse his hand in all this ? ) And then again : If I had known his fault , ( saith he of Brown ) I might be blamed for writing for him . Thus he carried matters without passion and prejudice prudently , as became so great a States-man . He was not rigid , yet he was careful : He would help the good-natured , yet punish the stubborn : He would rather be where nothing is lawful , than where all things are so . He would never skrue up the Law to the pitch of cruelty , nor unloose it to the remissness of Libertinism . He was no less honourable a Patron of the Vniversity , than he was a faithful son of the Church : ( the Church strengtheneth the State , and the Vniversities furnish both : ) particularly in the case of Rent-corn , which ( saith my Author ) first grew in Sir Thomas Smiths head , yet was ripened by Burleighs assistance ; whereby , though the Rents of the Colledges stand still , their Revenues increase . He was not surer of all Church-men and Scholars by his Obligations upon them , than he was of all by his complaisance and pleasantness . None more grave than he in Publick , none more free in private ; especially at his Table , where he drew something out of his heaviest guests ; having an admirable Dexterity in reading and observing men , their own occasional openings in common discourse ; there being more hold to be taken of a few words casually uttered , than of set solemn Speeches , which rather shew mens Arts than their Natures , as indited rather of their brains than hearts . His power awed many , his conversation obliged more . He had his hour to put on his Gown , and his hour to put it ●ff : When he would say , Lie thou there Lord Treasurer ; and bidding Adieu to all State-affairs , he dispo●ed himself to his quiet and rest . He laid the Designes of War by his own Theory , and his friends Intelligence ; yet he advised peace and died before the Qu●stion was determined , whether a War with Spain ? Others understood the Nature of War , but he onely the Expediency and Conveniency , If War was necessary , none more forward to promote it , none more careful to maintain it● knowing , that in vain do the brows beat , the eyes sparkle , the tongue threaten , the fist bend , and the arm strike , if the belly be not fed , and the back cloathed : and indeed this was his Master-piece , that the Queen vying Gold and Silver● with the King of Spain , had Money or Credit when the other had neither ; Her Exch●quer , saith my Author , though but a Pond in comparison , holding water , when his River fed with a spring from the Indies , was dreined d●y . It was with his advice that that Queen paid her Obligations in Preferments , rather than Money ; giving away not above two Largesses of that nature in her life . In a word , when others set in a Cloud , he shined clear to his last : He saw Essex dead , Leicester slighted , Mount-joy discountenanced ; and what with the Queens constant favour , which lodged where it lighted , and his own temper and moderation , when more violent men failed , he died as great a Favourite as he lived ; leaving his son Thomas so much Estate as advanced him to the Earldome of Exeter ; and his son Robert so much state-Discipline as raised him successive to be Secretary of state , Master of the Court of Wards , Lord Treasurer , and Earl of Salisbury . He was a very exact and a wary Observer of Forreign Transaction ; witness this passage to Sir Henry Norris Embassador in France : The rare manner of your Entertainment , hath moved the Queens Majesty to muse upon what score it should be , being more than hath been used in like cases to her Embassadors , and such as besides your own report hath been by others lately advertised : And for that in such things Gueses be doubtful , I pray you by your next advertise me what your self do think of it ; and in the mean time I know you are not untaught to judge of the difference between fair words and good deeds , as the saying is , Fortuna cum ad bla●ditur Capitum advenit . His thoughts of a Rebel that submitted , take in these words : Of late Shane Oneal hath made means to the Lord Deputy of Ireland to be received into grace , pretending that he hath meant no manner of unlawfulness towards the Queen : by which is gathered that he groweth weary of his lewdness : yet I think he is no otherwise to be reformed than by sharp prosecution , which is intended to be followed no whit the less for any his fair Writings , as reason is . Of Intelligence he writes thus : I doubt not but you shall have of his hand no lack of Intelligence , which you must credit as you see cause by proof of the event . About Embassadors Dispatches he saith , He must write apart to the Secretary in matters containing trouble and business , and to his Soveraign of Advice . In a particular Negotiation about Pyrates , he advised , That the King of France and his Council might perceive that it is well known how the Pyrates are suffered to do what they will , notwithstanding it be contrary to Proclamation . And yet you shall so order the matter , ( saith he to a French Ambassadour ) as not that you shall find fault with this manner of suffering for that ought properly to be to the Spanish or Portugal Embassador , with whom you may sometime deal , to understand how they do , know what is done , and how they do interpret it . Touching the King of Scots murther , he would say , There are words spoken which I hold best to suppress : Neither would I have you ( saith he to his friend ) utter any of these things , not doubting but shortly God will cause the truth to be revealed . Of an underhand Traytor he writes to his friend , I pray write unto me somewhat more particularly for the proof of his trayterous speeches , whereby there might be some ground made how to have him demanded . Of the demanding of a Town promised in a Treaty : Sir Thomas Smith went to demand Callis , not that we think the Gove●nour will deliver it , but to avoid all cavillation which they might invent : ( for by Law it must be demanded upon the very place ; and being not delivered , the sum of 500000 It is forfeited ) Mr● Winter shall pass secretly with him to take possession thereof , if they deceive our expectation : but not past three of the Council know of Winte●s going . Concerning the unreasonable words of Princes , he saith , If hereof the Embassador ( meaning the French ) shall make any sinister report , you may as you see cause well maintain the Queens answer to be very reasonable , as having cause to mislike the manner of writing of the Queen thereon : which neverthe less you may impute to the unadvisedness of the Secretary : for so the Queens Majesty doth impute it . Of the troubles in Scotland , he observed the French made their present advantage to the damage of England ; and you know that Scotla●d is the French King to it , as Ireland is the Spanish . Of F●rraign News he writes to Sir Henry Norris , That h● would be glad to have a Note of the Names of the chiefest Nobility of Fr●nce , and with whom they be married : adding thereto any other thing that may belong to the knowledge of their lineage and degree● , as you shall think meet . He writes , That her Majesty being a Prince her self , is doubtful to give countenance to subjects . I wish ( saith he ) to have a Kalender of them who are with the Prince , and also to see the Edicts that have lately passed from the King against them , and that in these troublesome times : wherein accidents are so diversly reported , your advices were large and repeated , a●d that we had such Articles as pass on both sides . Of France he s●i●h , You must think that seeing all the parts of Christendome are intentive to hear of the matters of France , we cannot be careless to whom the same belongeth next of all , whatsoever the end thereof shall be . Of the Distractions of France , thus to our Embassador in France : If you told the Queen-mother so as of your own head , as a thing you hear spread abroad in the world , I think you m●ght do well , and speak truly : for as for the Popes Ministers , their ● rofession is to prefer the Weal of their own Church before the good state of any Kingdome on earth and whatsoever come of any thing , they look onely to the continuance of their own ambitious Ruling . And as for other Ministers of Princes , or for men of War , it is a truth infallible , The more they do impoverish that Monarchy of France , the better they think their own Estates . Of a plot discovered , he writes : We can truly hit no man , wherefore it is necessary that you speak again with the Party that gave you this Intelligence ; and if the matter be of truth , and not a disguising to some other purpose , he can as we●l obtain you the knowledge of the party in certainty , as thus to give a guise at him : for as he hath his Intelligence of the matter which he uttered to you , so may he attain to a more perfect knowledge . For the Protestants he saith , I pray you put them in comfort ; that if extreamity shall happen , they must not be left : for it is so universal a cause , as none of the Religion can separate themselves one from another . We must all pray together , and stand f●st together . Of a Professor he writes , The Queens Majesty will in no wise hear of such matters , which she thinketh are but changeable , and without fruit ; although I hade arnesty moved her Majesty to have adventured some small piece of money upon such a max : ●herefore I see no remedy but to pay him as well as may be with good words . Touching the Plotagain : Methinks that the Parties that tell you such pieces of tales , if the whole were true , might as well tell you the whole , as such obscure parts : which if they do not , you might well alledge them to be but devi●es to breed unquietness and suspition ; and as I wrote before unto you , they might be tempted with offer of rewards , that the truth of the matter might be disclosed : and surely methinks still , since the Informers will not be known of the particulars in more certainty , that these things are intended to bring us into their places : but yet no diligence is to be omitted . Touching the delivery of an Embassie , he writes , And I think if you would in the Translating thereof distribute it into sundry members by way of Articles , you shall the better carry it in your minde ; making thereby an account with your self of the better delivery thereof . And you shall do well to let some such as favour the intention of the Queens Message , to see the Copy of the Letter ; whereby they may percase being called to give advice to the King , further the cause , to the benefit of them of the Religion , I would be glad to hear a Brief , or as they call it , a List of the Names of the principal persons that havc a charge now in these wars of France on both parts , with the Contents as near as you can of their numbers . Of the Queen of Scots Affairs , he concludes : God send her Majesty clear of these Scottish matters , whereinto the entry is easie , but the passage within doubtful ; and I fear the end will be monstrous : I am thrown into a maze at this , that I know not how to walk from dangers . Sir Walter Mildmay and I are sent to the Scottish Queen , as by the Queens Majesties Letters you may see : God be our Guide ; for neither of us like the Message . 1. Knowledge is the Treasure of the Mind , Discretion is the Key : the Practick Part of Wisdom is the best : a native Ingenui●y is beyond the watchings of industrious study . There are no such Guards of safety as Vertue and Wisdome : Danger cannot make impression on the Vertuous ; nor Fortune subvert the Wise : The Wise man cannot fall . Prudence is a safe Conduct through the various Casualties of mortality . He declines in wisdome , that falls in Fortune . Discretion sways the Stars and Fa●e . Ad summum sapiens uno minor est Jove , dives ; Liber , Honoratus , pulcher , Rex denique regum . Take all there 's but one Jove above him : He Is Rich , Fair , Noble , King of Kings , and free . The world is a shop of Instruments , whereof the wise man is Master ; and a Kingdome but a Frame of Engines , whereunto he is the wheel . 2. Smoothness declineth Envy and Danger , Humility advanceth to Honour , Moderation preserves in it . Men come down by Domineering . Haste undo●th that , which a j●st Delay ripeneth . Our Wise man would say , Stay a little and we will have done the sooner , An estate evened with these thoughts , endureth . It 's an excellent Motto : Nolo Minor me timeat , despiciat ve Major . My Inferiour shall not fear , my Superiour shall not despise me . 3. Humility shuns Honour , and is the way to it● The purest Gold is most Ductile . It 's commonly a good Blade that bends well . The Reed that bends and is whole , is better than the strong Oak that not bending breaks . 4. There is no such prevalent Work-man as Sedulity and Diligence : A man would wonder at the mighty things which have been done by degrees , and gentle augmentations . Patience , Diligence and Moderation are the common steps to Excellency . It 's for Omnipotence to do mighty things in a moment ; but degreeingly to grow to Greatness , is the course he hath left for man. Observations on the Life of Walter Devereus Earl of Essex . WAlter Devereux was by his * mothers side born to , and by his Soveraigns favour possessed of the Earldome of Essex : His spirit was as the time martial and active , equally impatient of rust in his soul , and in his sword : Forreign Countreys bred then those Souldiers that England employed : The University mad● a Scholar , the Court a man , and Flanders the Souldier . His Actions brought him to the presence , and his Presence commended him to the heart of Queen Elizabeth : B●t the shadow doth not more naturally attend the Sun , than Envy doth Favour : Since he must rise , it s contrived he should rise so high , that he must fall : Yet he might have lived longer , it was thought , if his wife had not there more favour than himself ; Abraham was afraid of , and Sir Walter was undone by his Sarah's Beauty ; This is certain , he was no sooner in his Grave , than the same great man whom he declared his Enemy at his D●ath , was his successor in his marriage-Bed . Ambitious was he of the Irish service , and subtle were others to fill up his sayls so wide , as to be over-turned ; at once diving into , and ruining him by his Humour ; Weary was he of the Court , and weary , as he observed , was that of him● In comes Leicester in this juncture , and advanceth him to the Soveraign honour of maintain●ng an Army at his own charge , and the Royalty of Claudboy in vlster ; the first he knew would ( as it fell out ) undo him ; the other was the Bears skin , when he could catch , kill and ●ley it ; and the whole plot was but the supplan●ing of him out of a real Estate in England and Wales , to an imaginary one in Ireland O●er he goeth with as splendid a Retinue of kindred , Friends , supernumerarie Voluntiers , as his son to the same service , or his Grandson to one more unhappy ; Sir William Fitz-William's Jealousie heard of his Parade , and his Industry out-reached him so far , that all that preparation amounted to no more honour , than to have been commissioned , after much importunity and attendance , by him ; nor to any more advantage than the bare Government of Vlster : Little good did he in Vlster , ( now under the discouraging and heartless impressions of discontent ) less in the South of Ireland , whither he was remanded by the Deputy , whose design was not to set how successfully he would conquer , but how dutifully he would obey ; in six months time spending 4000 l. to ruine himself : B●t alas ● in vain doth he conquer● who was always forbid to pu●sue and improve his Victory : no sooner did his Fortune favour him in one place , but he was called to his Misfortune in another : for no sooner doth he by experience and acquaintance with the situation of any place , the humour or interest of any People , the weaknesses and strengths of any Enemy , the advantages or disadvantages of any Undertaking , ●ipen circumstances towards success , but he is called off to a new and unacq●a●nted scene of action , where he shall lose his Ar●y , be●o●e he knoweth how to employ it . His friends at Court grew few and cold , his foes many and active ; his affronts continual to disorder him by passion , or sink him in despair . His Commission was but short before , but is none now ; onely three hundred men stick to him : his Money failing , his Noble Followers withdrawing , his Common Souldiers mutiny , and he is recalled . And happy had he been , could he have been quiet : but nothing would compleat some mens Designes , but his Ruine ; and nothing could ruine him but Honour , that at once pleased his humour , and wasted his Estate . Earl-Marshal of Ireland he is made , and thither he goeth in great state to die , anno 1576 , and the 36 of his Age : a year fatal to that Family , which none of them exceeded but the last , who had been happy if he had died sooner , or lived longer than he did . Although Sir Walter Devereux had not that success over others which his Valour deserved , yet he had that conquest of himself that Vertue onely gives ; shewing himself as good at the Buckler , as at the Sword ; at suffering , as well as acting . All his changes from without he bore with , none within ; his even and solid minde that fashioned its own fate , enjoying its constant calm amidst all the tempests of malice and ambition . Those ignoble courses were not greater Arguments of his Enemies narrowness and degeneracy , than his resolved Patience was of his largeness and generousness of spirit ; he being as much above those smaller tricks , as they were below his Adversaries . We make our selves more Injuries than are offered us ; and the apprehension of wrong doth more har● than the smartest part of the wrong it self . It 's the Wise-mans glory , and the States-mans prudence , to pass by Offences . A Fool struck Cato in the Bath ; and when he was sorry for it , Cato had forgot it : for , ( saith Seneca ) Melius putavit non agnoscere quam ignoscere . Light Injuries are made none by a not-regarding : which with a pursuing Revenge grow both to heighth and burden , and live to mischief us , when they might die to secure us . It 's Princely ( saith one ) to disdain a Wrong , who when Embassadours have offered Undecences , use not to chide , but deny them audience : as if silence were the way Royal to revenge a Wrong . The upper Region is most composed ; The wisest rage the least , knowing that Observation and Resentment do but pro●oke and encourage that Malice which neglect and silence deads and dissipates . And it was Sir Walter 's Fathers Maxime , That Discontent was the greatest weakness of a generous Soul , which is always so intent upon its unhappiness , that it forgets its remedies . This Lord was a great instance of that Maxime , That it 's an equal mischief to distrust all : as to believe all ; although of the two , the safest is to distrust : for Fear had secured this Noble Person , while Confidence ruined him ; it being a Vertue onely when men were innocent , but ever since , the bane of those that own it . Three things undid this Earl : 1. That he could not imagine he was to be ruined by his Advancement . 2. That he never mistrusted an Oath . 3. That he never considered , that as Princes , so Favourites , have many eyes , and long hands ; He that is so open as to reserve nothing from friends , is renowned for Charity ; but he that is so to lie at the mercy of all , is marked for ruine . No sooner unde●stood my Lord of Leicester Essex his Disposition , but the bitter Fool Pace could tell his Fortune , begging of my Lord at his departure the making of his mourning ; and adding , You and I have done for this world . Walter E●rl of Essex had been happy if he had not lived in my Lord of Leicester's time : his son Robert renowned , had he not been Sir Robert Cecil's Contemporary ; and his Grandchilde an Heroe , had he not known my Lord Say and Mr. Hampden . Observations on the Life of Thomas Rat●lif Earl of Sussex . THomas Ratclif Earl of Sussex , was of a very Noble and Ancient Lineage , honoured through many Descen●s by the Title of Viscounts Fitz-Walters . He was a goodly Gentleman , and of a brave noble-Nature , true and constant to his friends and servants , noted for honesty : a very excellent Souldier , being one of the Queens martialists , who did very good service in Ireland at her first accession , til● she recalled him to the Court , where she made hi● Lord Chamberlain ; and though he was no● endowed with the cunningness and dexterity as others were , yet upon his Deat●-h●d he gave his f●iends a caveat whom they should beware . His words , ( saith Sir Robert Naunton ) are these : I am now passing into another World , and must leave you to your Fortunes , and to the Quee●s Graces : but beware of the Gyp●ie for he will be too hard for you all ; you know not the beast so well as I do , His Prowess and integ●ity drew the Souldiers after him , Leicester's Cour●ship and Cunning the Courtiers , Cecil's Prudence and service the States-men . This Thomas Ratclif Lord Fitz-Walter , second Earl of Sussex of that surname , was twice Lord Deputy of Ireland , by his prudence he prevented the breaking out of an actual Rebellion in that Kingdome , and no wonder if in his time it rained not War there , seeing his diligence dispersed the Clouds before they could gather together . Thus he who cures a disease may be skilfullest , but he that prevents it , is the best Physitian . Being called home by the Queen to be Lord Chamberlain , a constant Court faction was maintained between him and Robert Earl of Leicester , these two parties dividing the Court , whilst the Cecilians as Neuters did look upon them ; Sussex had a great Estate left by his Ancestors , Leicester as great given , or restored him by the Queen , Sussex was the honester man , and greater Souldier ; Leicester the more facete Courtier , and deep Pollitician , not for the general good , but his own particular profit . Great was the animosity betwix● them , and what in vain the Queen endeavoured , Dea●h performed , taking this Earl away : and so ●he competition ended . New-hall in Essex was the place ( if not of his birth ) of his principal habitation , he lyeth buried in the Church of St. Olives Hartstreet London . The first of Queen Elizabeth found this brave Earl commanding Ireland in peace and plenty , with three hundred and twenty Horse , and eight hundred and sixty foot , prudently garrison'd , and well payd ; a●d the second employed him thither again , with instructions , that he should beware above all things , lest the Irish being an uncivil people , and therefore the more superstitious , should by the cunning practices of the French be excited to Rebellion under the pretext of Religion . 2. That he should fortify Ophale with Castles , and Forts . 3. That he should engage the Souldiers with large possessions . 4. That the Irish Nobility should hold their Estates in Fee. 5. That he should improve the Queens Revenues moderately , and reduce her exchequer there , to the form of that in England . At what time Maximilian the Emperour courted Queen Elizabeth whom all English-men wished marryed , all Protestants married to a Protestant , and the Earl of Leicester had designed for himself , there arose a deady feud in the English Court between the Earl of Sussex , that favoured the match upon common principles of government , and the Earl of Leicester who opposed it upon a private design of his own , certainly very great and shameful hopes do they foster , who have already attained things beyond hopes . The open hearted Earl would call his Antagonist an upstart that had but two Ancestors , his Father , a Traytor ; and his Grand-Father , a Publican . Thus the Court is divided , the Earls are alwayes attended with their armed guards , untill the Queen who took pleasure in the innocent Emu●ation of her women , became fea●ful of the dangerous contests of her Favourites , and rather skinned over , than healed the rupture . At the Emperours Court , whither he is sent with the order of St. George , he presseth the marriage closely , as much out of love to his Countrey , as hatred to Leicester ; having nothing more ordinary in his discourse than that a Forreign Prince was to be preferred before the noblest English-man for the three grand things , of Honour , Power , and Wealth . But what he promoted publickly , the Lord North , who was joyned with him rather ●as his guardian than his colleague , opposed privately , untill a few fond scruples broke the most solemn negotiations wherein yet this Earl behaved himself with a gallantry that gained him a familiarity from the Emperour , a reverence from the Arch-duke , a respect from the people , and his M●stress a kindness in that Court , that stood her in great stead , against the attempts of Spain and Rom● . From Germany he returned with much Honour to command in the North with more , wher● he and his old setters at Court discovered the grand plot in the N●rth , as Hunsdon and his old Souldier● at Berwick defeated it , and both harassed the Scottish borders : all things yielding to those two grand disposers of the World , now predominant in England , Wisdome and Cecil at home , Armes and Hunsdon abroad ; and both with Sussex at home , now for his approved wisdome and fidelity made privy Councellour● and abroad alway Lord General . Of many I pitch on this one argument of the greatness of his mind , that he scorned to trample the prostrate , that he had a just passion , but not an unworthy malice for an enemy whom he had a generous goodness to pity when unhappy , as well as a brave spirit to contest with when injurious . The lesser fry of adversaries railed against , this great one pleaded fo● Leicester , when his practices against A●jou's marriage with the Queen confined him to the Castle of Windsor . And his menaces had cast him to the Tower of London , had not my Lord , minding more the common interest than his p●ivate resentments , first moderated the Q●eens passion with Reason , and th●n overcame it with this Jest , you must allow Lovers their Iealousie . H● succeded his Father in his Fortune , and in his Favour , his P●udence and Resolution promoting him to the Government of Ireland and the North ; his good husbandry and skill in Surveying , making him justice in Eyre of all the Pa●ks beyond Trent ; and is comely p●esence advancing him Lord Chamberlai● . Queen Elizabeth poyzed her State by Factions a●road , and Parties at home ; her chiefest wisd●me lying in her general correspondence and complyance with each Party , as h●r Interest lay in their complyance and distance from one another . My Lord of Sus●ex left his mem●rial behind him , That for Rising men to stick to a side , is necessary ; For Great men to be indifferent , is wise : and this , That he and my Lord of Leicester cleared and purged the Court : their cross Observations refining each person that was admitted to Court ; none daring any injustice while Leicester observed him on the one hand , and Sussex punished him on the other . Then no deserving Person could be excluded by the one , that could serve his Princ● ; not any undeserving one admitted , that might disparage him : one Interest being sure to receive the one , as the other was to exclude the other . Divers persons ( saith one ) of equal Authority , though both wicked , do in experience produce more Justice than a greater Probity in a single individual hath been heard to pronounce ; in a divided Court the Creatures of one Party being the Enemies of another , no less powerful ; and so they both become liable to accusation , or capable of defence : and from the sparkles of this clashing , not onely Persons and Actions , but the Publick Councils came to be refined from the Rusts and Cankers that grow by an Unanimity . Faction can be as little spared in a monarchy , as an Eye or an Ear , as through which the Prince hath a clearer apprehension of his own and others Affairs , than he can have when his followers are all agreed : through the pe●cussion of equal Factions , as through that of Flint and Stee● , all things coming to light by Debates , that might either advance or eclipse a Princes glory . When my Lord of Sussex could not overbear Leicester with Power , he did it with Policy ; and by yielding to him , conquered him : for ( as he observed ) when ●e and his friends retired , Leicester and his subdivided ; and he was checked more by the Ambition he taught his own Followers , than by the competition of his Adversaries . When Factions are carried too high , and too violently , it is a signe of weakness in Princes , and much to the prejudice of their Authority and Business : The motions of Factions under Kings , ought to be like the motions ( as the Astronome●s speak ) of the Inferiour Orbs , which may have their proper Inclination , but yet are still quietly carried by the higher motion of the Primum Mobile . Queen Elizabeth had an happy time of it , if it were but for this , That her Favourites Divisions were her support : for thereby she attained the knowledge of all things that happened , so as no Suit or D●signe passed the Royal Assent , before she understood as much of Reason as Enemies or Friends could bring for or against it . The Character this third great Lord of his Family left behind him , was , This year died a man of a great spirit and faithfulness to his Country : and therefore none freer than he of his thoughts , none sounder than he in his councels . Nor did this freedome of Communication betray his future Resolutions to the discovery of his Enemies , as they opened his heart to the observation of his Prince : for through a seeming unconstancy , not of words , but of action ; not his weakness , but his nimbleness , ( the Bird on the wing is safe ) he could so often vary , as it was no● easie to discover where or when he would be buzzing , and give the blow : by which unsteady carriage , He so befooled his Adversarie with their Spies and Pensioners , as they were at a lo●s what to inform their Patrons of , or themselves how to resolve . Fortune and Conduct set up this Favourite , it falling in his Character as at Primero , and othe● Plays , wherein Fortune is directed and conducted by Art. The best and subtilest Gamester may lose , if it cross him ; but if it smiles and favours , he knoweth best how to manage and govern it . Five things raised this person to a respect as great as his fortune ; to be as high in the Queens favour , as he was in his Descen● , 1. A Civility set off with State. 2. A pleasing Modesty of Countenance , and Af●fability of Speech ; ennameled with Gravity . 3. A Boldness attended with Patience , 4. A great Capacity , enlivened with as great Dexterity . And 5. An Integrity secured with wariness in the darke , of which quality both in his Expression , and in his Actions he wrapped himself as this sepia to preserve her self undiscovered , doth shed forth about her a quantity of blushes in his blood to hide her self from the Fisherman . Observations on the Life of the Lord Willoughby . THe Lord Willoughby was one of the Queens first Sword-men : he was of the antient extract of the Bart●es , but more ennobled by his Mother , who was Dutchess of Suffolk . He was a great Master of the Art Military , and was sent General into France , and commanded the second of five Armies that the Queen sent thither in aid of the French. As he was a great Souldier , so was he of a sutable Magnanimity , and could not brook the obsequiousness and assiduity of the Court at that tim● . He had more favour than he courted , and he courted more ( rather to comply with the Queens humour , than his own inclination ) than he desired . He would say , and that saying did him no good , ( saith Sir Robert Naunton ) That he was none of the Reptilia being made Brother to march as a Souldier , than to creep as a Courtier . But Civility must allay Nature in a Courtier , Prudence regulate it in a States-man , and modest submission check and soften it in a Subject . It s as dangerous to be stubbornly abave the kindness , as it is to be factiously against the power of Princes . Willoughby got nothing , Stanl●y lost all his haughtiness ; which when it cannot be obliged , is suspected . But his service in France , Holland , and on the Borders , compounded for his roughness : so that they who could not endure he should be high at Court , were pleased he should be so in the Field . Stiffness which displeased when looked on as Pride at home , took when heard to be Resolution abroad . Each Nature is advanced in its own Element : Leicester among the Ladies , my Lord Willoughby among the Souldiers . It●s a step to Greatness to know our own way to it ; to exercise & shew our proper Vertues as he did : ●i● Magnanimity in these two instances , among many others . 1. When one challenged him then sick of the Gout , he said , That though he were lame in his feet and hands , yet he would carry a Rapier in his teeth to fight his Adversary . 2. Having taken a Spanish Gennet designed a present to that King , and being offered either 1000 l. or 100 l. a year in exchange for it , he nobly answered , If it had been a Commander , he would have freely released him ; but being onely a Horse , he saw no reason he could not keep a good Horse as well as the King of Spain himself . Sir Christopher Hatton was to an excess a courtier , and my Lord Willoughby so a Souldier . Queen Elizabeth on the Lord Willoughby , Good Peregrine . WE are not a little glad that by your Journey you have received such good fruit of amendment ; specially when we consider what great vexations it is to a mind devoted to actions of honor to be restrained by any indisposition of body from following those courses , which to your own reputation and our great satisfaction you have ●ormerly performed . And therefore ( as we must now out of our desire of your vvell-doing ) chiefly enjoyn you to an e●pecial care to encrease and continue your health , vvhich must give life to all your best endeavours ; so we must next as seriously recommend to you this consideration . That in these times , when there is such appearance that we shall have the ●ryal of our best noble Subject●● you f●●m not to affect the satisfaction of your own private contentation beyond the attending of that vvhich Nature and Duty challengeth from all persons of your quality and Profession . For if necessarily ( your health of body being recovered ) you should Eloign your self by residence there from those Employment● vvhereof we shall have too good store , you shall not so much amend the state of your body , as happily you shall call in question the reputation of your mind and judgement , even in the opinion of those that love you , and are best acquainted vvith your Disposition and Discretion . Interpret this our plainness vve pray you to our extraordinary estimation of you ; for it is not common vvith us to deal so freely with many : and believe that you shall ever find us both ready and vvilling in all occasions ●o yield you the fruits of that interest , vvhich your Endeavours have purchased for you in our Opinion and Estimation : Not doubting , but when you have vvith moderation made tryal of the success of these your sundry Peregrinations , you vvill find as great comfort to spend your days at home as heretofore you have done : of which we do wish you full measure , howsoever you shall have cause of abode or return . Given under our Signet at our Mannor of Nonsuch , the seventh of October 1594. in the 37 year of our Reign , Your most loving Soveraign . E , R. Observations on the Life of Sir Philip Sidney . HE was son to Sir Henry Sidney Lord Deputy of Ireland , and President of Wales . A Person of great parts , and in no mean grace with the Queen . His Mother was Sister to my Lord of Leicester , from whence we may conjecture , how the Father stood up in the place of Honour and Employment ; so that his Descent was apparently Noble on both sides . For his Education , it was such as Travel and the University could afford : for after an incredible proficiency in all the species of Learning , he left the Academical life for that of the Court , whither he came by his Uncles invitation , famed aforehand by a Noble report of his Accomplishments ; which , together with the state of his Person , framed by a natural propension to Arms , he soon attracted the good opinion of all men ; and was so highly prized in the good opinion of the Queen , that she thought the Court deficient without him : and whereas ( through the fame of his deserts ) he was in the election for the Kingdome of Poland , she refused to further his advancement , not out of Emulation , but out of fear to lose the Jewel of her times . He married the daughter and sole Heir of Sir Francis Walsingham , then Secretary of State ; a Lady destinated to the B●d of honour , who ( after his deplorable death ●t Zutphen in the Netherlands , where he was Governour of Flushing , at the time of his Uncles being there ) was marri●d to my Lord of Essex , and since his death to my Lord of S● . Albans ; all persons of the Sword , and otherwise of great Honour and Vertue . He had an equal temperament of Mars and Mercury , Valour and Learning , to as high a pitch as Nature and Art could frame , and Fortune improve him : so Dexterous , that he seemed born for every thing he went about . His ●●presentations of Vertue and Vice , were not more lively in his B●oks , than in his Life : his Fancy was not above his Vertue : his Humours , Counsels and Actions , were renowned in the Romancer , Heroi●k in the States-man . His Soul was as large as his Parents , and his Complexion as Noble ; an equal Line of both : the modesty of the Mother allaying the activity of the Father . A man so sweetly grave , so familiarly staid , so prettily serious he was above his years : Wi●dome gained by travel , Experience raised from Observations , solid and useful Learning drawn from knowing Languet his three years Companion , and cho●c●st Books , accompl●shed him for the love of all , and the reverence of most . His Converse was not more close at home , than his Correspondence abroad ; equally mixed with Policy , Pleasure , Wisdome and Love : his Worth being penned up , and smothered within the narrowness of his fortune , sallied not out to discontent , bu● pleasure ; sweetning the Affairs of State with the Debonnareness of the Stage ; his Romance being but policy played with Machiavil in jest , and State maximes sweetned to a Courtiers palate . He writ men as exactly as he studied them , and discerned humours in the Court with the same deep insight he described them in his Book . His Infant-di●courses teach men , O what had his riper years done . He put Life into dead Notions of Ancestors , made Philosophy practicable ; joyned the A●t as closely in him , as they are in themselves . His Book is below his spirit● a spi●it to be confined with Kingdomes , rather than St●dies ; to do what was to be written , than onely to write what was to be done . All eyes were upon him but his own : at first , in all Affairs he was the last ; at last , he was the first : obliging all men that ever he saw , and seeing all that were worth obliging : All were pleased with his Arcadia but himself , whose years advanced him so much beyond himself , as his parts did beyond others : He condemned his Arcadia in his more retired judgement to the fire , which wise men think will continue to the last Con●lagration . His private Corr●spondence with William of Nassan about the highest Affairs of Europe , was so exact and prudent that he assured Sir Fulke Grevil he de●erved a Kingdome in Forreign Parts , though he had not an Office in England . The Earl of Leicester held his Authority in the Low-Countries by his Councel when alive , and gave it over when he was dead . Sir Francis Walsingham was so much overshot by him in his own Bow , that those with whom Sir Philip were acquainted with for his sake , were his friends for Sir Philips . King Iames was honoured when King of Scotland with his friendship , Henry the fourth with his correspondence , Don Iuan highly obliged with his Visits , the King of Spain himself concerned in his death , whom England ( he said ) lost in a moment , but could not breed in an Age , The Universities were proud of his P●tronage , the Field of his presence : the Studio●s in all Parts communicated with him ; the H●●eful were encouraged by him ; all excellent Persons thronged to him ; all serviceable men were entertained by him ; and he among them a Prince , whose minde was great , but his spirit greater . He taught England the Majesty of honest deal●ng , the Interest of being Religious . He looked deep into men and Councels , and found no Wisdom without Courage , no Courage without Religion and Honesty : with which solid and active reaches of his , I am perswaded ( saith my Lord Brooks ) he would have found or made a way through all the Trave●sers ●ven of the most weak and irregular ●imes . Although a private Gentleman , he was a publick Good ; of a large , yet uniform disposition : so good , that the great Monarch might trust ; so great , that a little one must fear him : something he did for Fame , most for Conscience : His publick spirit , which might have enjealoused the cautious wisdome of other Princes , promoted the concerns of his own . He was sent to complement Rodolph , but he dealt really with the Protestant Princes , and raised a Ceremony to a piece of Interest . He shewed that long-breathed and cautious people , that imminent danger from Romes Superstition , joyned with Spains Power , their private confederacies and practices , their cruelty and designe ; which awaked their drowzy wariness into an association for Conscience and Religion more solid , as he demonstrated , than a Combination out of Polic● . He went against the stream and current about the Fr●nch match , which he disswaded from the consequent inconveniences of Engagements and charge to England , and the little advantage from France ; backing his Argument with a la●e experience ; and so staying Queen Elizabeths match by some reflections on Queen Mary's : which was , A five years Designe or Tax , rather than a Marriage : adding withal , That in a forreign match , besides the inequalness and danger of it , ( when a strange Prince hath such an influence on our Constitution ) the different Religion would make the Queen either quit the reputation of a good Protestant , or the honour of an obedient Wife . Te● ways he laid down a Forreign Prince might enda●ger our Religion by , 1. Opposing and weakning the reverend Fathers of our Church . 2. By disgracing her most zealous Ministers . 3. By Latitude and Connivance . 4. ●y a loose and too free a behaviour , steering mens Consciences which way he pleased , and setting u●indifferency . 5. ●y decrying Customes and Statutes , and enhansin● Proclamations to the Authority of Laws . 6. ●y provoking the English with French Oppressios . 7. ●y entrenching on the British Liberties with Gallic●●e Prerogatives . 8. ●● breaking our League and Correspondence with o●er Protestant States . 9. ●ightning our Queen to a Complyance . 10. A●d at last attempting the Protestant cause . He vould say to his Friend the Lord Brooks , That if the Netherlands joyn with France , they are terrible to Spain : if with Spain , they are dreadful to France : if with us , they s●pport the Reformation : if they stand on t●eir own legs , they are too strong to be forced to Pyracy . He , though a private person , opposed her Majesty Q●een Elizabeth in that Affair , with that sincerity , with tha● ingenui●y , that freedome , that duty and peaceableness , that angered and p●ea●ed her . His Opinion was not more against hir humour , than his manage of it was to her mind● : in which Affair , when most were hood-winke● with ignorance , and many captived with fear , he ●njoyed the freedome of his own thoughts with dayly access to her Majesty , hourly converse wi●h the French , and constant respect from the people . None more dutiful to his Soveraign than Sir Philip , none more resolute against Encroachers upon Gentemen and Freemen , non● more dear to the whole State : which when he had designed Sir Francis ●rake's second Voyage , and stollen to him at Windso● commanded his stay by an E●rl , and for his ske the whole Fleets , although his stay disturbed , ●nd his death destroyed his most exact Model for t●e Conquest of America , the exactest Europe ever●aw : a Conquest not to be enterprized but by Sir Philips reaching spirit , that grasped all circumstanes , and commanded all interests on this side the Li●● . When his great Soul could not improve ●urope , he considered it ; and made that the F●eld o his meditation , that could not be the stage of his ●ctions : England he saw so humoursome and popul●s , that it was to be refined with War , and corru●ed with Peace . Her interest was , he said , to balance ●eighbo●-Princes . France he observed weak and efem●nate , the Empire enslaved and secure , the Hanses to● big , Rome subtle and undermining , Spain cre●t to the Power and Councils of Europe , the Protetant Princes enjealoused and dist●ustful , Poland div●●ed , Denmark strong , Sweden invironed or impri●oned , the Muscovite distressed and ignorant , the Switz enemies , yet servants to Monarchs , ( a dangerous body for the soul of any aspiring Monarch to infuse designes into ) the Princes of Italy awed by their S●periours , ●nd cautious against their equals ; Turkie asleep in the Seraglio ; but Spain all this while Master of Rome , and the wisest Council or Conclave in the World ; Lord of the Mines of America , and the Sword of Europe : Concluding , that while the Spania●d had Peace , Pope Money or Credit , and the World Men , Necessity or Humours , the War could hardly be determined upon this Low-Country-stage ; And that there were but two ways to conquer Spain , the one , That which diverted Hannibal : ●nd by setting fire on his own House , made him draw his spirit to comfort his heart : The other , th●t of Iason , b● fetching away his Golden Fleece , and not suffering any one quietly to enjoy that whi●h every man so much affected . The assistance of Portugal , the surpriz● of Cales her key , and Sevil her treasure ; the drawing in of other Well-willers ; ●he command of the S●a , an exact Intelligence ; the Protection of Rochel , Brest , Bourdeaux , or some other distressed Protestant , to balance the over-mytr●d Countries , the Encouragement of religious or ambitious Roytolets to advance and secure themse●ves , the engaging of the French and Spaniards , a League with Venice and the Maritime States : some temptations to Italy to remove their French and Spanish Garrison● , an opportunity to recover Sicilly , some insinuations to the Pope of the Austrian Greatness , the setting up of the World in an AEquilibrium , the invasion of America , removing the disfidence , ove●poyzing the Neutrality , and working upon the Complexions of Kings and Kingdomes , was this young , but great mans designe . An Expedition to the Indies he would perswade with these motives : 1. That Honour was cheaper abroad than at home ; at Sea , than at Land. 2. That the Spanish Conquests like the Jesuites Miracles , made more noise at distance than nearer hand . 3. That the Indians would joyn with t●e first Undertaker against their cruel Masters . 4. That Spain was too far for supply . 5. That the Spaniard was Undisciplined , and trusted more to the Greatness of his Name , than to Order , Policy or Strength . 6. That England was po●ulous . 7. That it was an action compliant with the present Humour , and not subject to Emula●ions . 8. That it would either cut off the Spa●ish treasure , or make it chargeable . 9. And at last set up a free Trade by Sea , open a great Door to Valour or Ambition for new Conquests , and to Zeal for new Converts . He said the Inquisition would overth●ow Spain , being a designe upon Humane Nature , and freedome ; to govern men at the rate of ●easts . His great Abilities recommend him to Leicester's Cabinet , whose Horse he commanded in the Field , whose Council he guided at home . Prudent and valiant he was in contriving and excuting the su●prize of Axil : Liberal and Noble to his Sou●diers at Flushing ; wary and de●p● sighted in his Council about Graveline ; wise and stayed in the jealousies between Leicester and Hollock , His Patience and Resolution before Zutphen , his quiet and composed spirit at Arneim , his Christian and religious comportment in his sickness and death , made his Fame as lasting as his Life was wished . And why died he lamented by the Q●een , mourned for by the Court , bemoaned by Europe , wept over by Religion and Learning , the Protestant Churches , celebrated by Kings , and e●ernized by Fam● ? because he was one who●e Parts were improved by early Education , whose Education was raised by Experience , whose Experience was enlarged by Travel , whose Travel was laid up in Observations , whose Observations were knit up to a s●lid Wisdome , whos● Wisdome was graced with his P●esence ; and the one was as much admired by Kings , as the other was by Q●eens . One whose Learning guided Unive●sities , whose alliance engaged Favourites , whose Presence filled Courts , whose Soul grasped Europe , whose merit could fill a Th●one , whose Spirit was above it . It was he who was deserving and quiet , neglected and patient , great and familiar , ingenious and devout , learned and valiant , sweet and solid , contemplative and active . It was he whom Queen Elizabeth called her * Philip , the Prince Orange his Master , and whose friendship my Lord Brooke was so proud of , that he would have no other Epitaph on his Grave than this , Here lieth Sir Philip Sidneys Friend . It was he whose last words were , Love my memory , cherish my Friends ; their faith to me may assure you they are honest : but above all , govern your will and affections by the Will and Word of your Creator . In me behold the end of this world , and all its vanities . THey that have known thee well , & search thy parts Through all the chain of Arts : Thy apprehension qui●k as active light , Clear Iudgememt , without Night : Thy fansie free , yet never wild or m●d , with wings to fly but none to g●d : Thy language still enrich , yet comely dress , Not to expose thy minde , but to express . They that have known thee thus , sigh , and confess , They wish they 'd nown thee still , or known the less . To these , the wealth and Beauties of thy minde , Be other Vertues joyn'd , Thy modest Soul , strongly confirm'd and hard● Ne'er beckned from i●s Guard. Observations on the Life of Sir J●hn Perrot . SIr Iohn Perrot was a goodly Gen●●eman , and of the Sword : and as he was of a v●ry ancient descent , as an H●ir to many Exst●acts of Gentry , especially from Guy de B●y●n o● Lawhern ; so he was of a vast Estate , and came not to the Court for want . And to these Adjuncts he had the Endowments of Courage , and heighth of Spirit , had it lighted on the allay of temper and discr●tion : the defect whereof , with a native freedome and boldness of speech , drew him into a Clouded setting , and laid him open to the spleen and advantage of his Enemies . He was yet a wise man , and a brave Co●rtier , but roug● , and participa●ing more of active than sedentary motions , as being in his Constellation destinated for Arms. He was sent Lord-Deputy into Ireland , where he did the Queen very great and many Se●vices : Being out of envy accused of High Treason , and against the ●ueens will and consent condemned , he died suddenly in the Tower. He was Englands professed Friend , and Sir Christopher Hattons professed Enemy : He fell because he would stand alone . In the English Court at that time he that held not by Leicesters and Burleighs favour , must yield to their frowns : What g●ound he gained in Forreign merits , ( as the Sea ) he lost in Domestick Interests . The most deserving R●cess●s , and serviceable absence from Courts , is incompatible with the way of interest and favour . Hi● boysterous carriage rather removed than preferred him to Ireland , where he was to his cost , what he would have been to his advantage ; chief in Command , and first in Counci● . His spirit was too great to be ruled , and his Interest too little to sway . He was so like a Son of Henry the a eighth , that he would not be Q●ueen Elizabeths su●j●ct : but Hattons sly smoothness undermined his op●n roughness ; the one dancing at Court with more success than the other fought in Ireland , He was born to enjoy , rather th●n make a Fortune ; and to command , rather then stoop for respect . Boldness indeed is as necessary for a Souldier , as the Action for an Orator ; and is a prevailing quality over weak men at all times , and wise men at their weak times : yet it begins well , but continueth not ; closing always with the wiser sorts scorns , and the vulgars ●aughter . Sir Iohn Perrot was better at Counsel than Complement , and better at Execution than Counsel . None wo●se to command first on his own head , none better to be second , and under the direction of others . He could not advise , because he looked not round on his dangers : he could not execute , because he saw them not . His alliance to his Soveraign commended him at first to her favour , and gave him up at last to her j●alousie ; being too near to be modest , and too bold to be trusted : and the more service he performed , he was thereby onely the more dangerous , and withal unhappy ; his Successes onely puffing up his humor , and his Victories ripening his ambition to those fatal Sallies against the Q●eens honour and Government , that had cost him his life , had he not saved it with those very Rants he lost himself by : for when he had out of an innocent confidence of his cause , and a haughty conceit of hi● Extraction , exasperated his Noble J●ry to his Condemnation , he had no more to say for himself than Gods death will the Queen su●ser her Brother to be offered up as a sacrifice to the envy of my frisking Adversaries ? On which words the Queen refused to sign the Warrant for his E●ecution , though pressed to it from Reason and Interest , saying , They were all Knaves that condemned him . It 's observed of him , that the Surplusage of his services in Ireland aba●ed the merit of ●hem ; and that it was his oversight to have done too much there . His mor●al words were those in the grear Chamber of Dublin , when the Q●een sent him some respectful Letters after her Expostulatory ones , with an intimation of the Spaniards Design : Lo , now ( saith he ) she is ready to piss her self for fear of the Spaniard ; I am again one of her white Boys . A great Birth and a great Minde a●e c●ushed in Commonwealths , and wa●ched in K●ng●omes : They who are to tall too stand , too stub●orn to bow , are but too fit to break . R●ssling Spirits ●aise ●hemselves at the settlement of Governm●nts , but fall after i● ; being but unruly Wav●s to a st●ady Rock , breaking thems●lves on that solid Constitution they would break . Few aimed at Favourites as Sir Iohn did at the Lord Chanc●llor , but their Arrows fell on their own heads ; Soveraignty being alwayes struck through prime Councellours , and Majesty through its chief Ministe●s . Sir Iohn Perrot no sooner cla●hed with Hatton , ●han he lost the Queen● and ever since he reflected on his Dancing , he lost his own footing , and never stood on his legs . Observations on the life of Sir Francis Walsingham . HE was a Gentleman ( at first ) of a good house● but of a better Education ; and from the University travelled for the rest of his Learning . He was the b●st Linguist of the times , but knew best how to use his own tongue , whereby he came to be employed in the chief●st Affairs of State. He was sent Ambassadour into France , and stayed there a Leiger long , in the heat of the Civil Wars . At his return he was taken Principal Secretary , and was one of the great ●ngin●s of State , and of the times , high in the Queens favour , and a watchful servant over the ●afety of his Mistress . He ●cted the same part in the Courts of France abo●● that Match , that Gundamor , if I be not mistaken ( saith Sir Robert Naunton ) did in the Court of England about the Spanish . His apprehension wa● quick , and his Judgement solid : his ●ead was so strong , that he could look into the depth of men and business , and dive into the Whirlpools of State Dexterous he was in finding a secret , close in keeping it : Much he had got by Study , more by Travel● which enlarged and actuated his thoughts . Ceci● bred him his Agent , as he bred hundreds . Hi● Converse was insinuating and rese●ved : He saw every man , and none saw him . His spirit was a● publick as his parts ; and it was his fi●st Maxime Knowledge is never too dear : yet as Debonnair as he was prudent ; and as obliging to the so●ter , but pr●●dominant par●s of the wo●l● , as he was serviceable to the mo●e severe : and no less Dexterous to work on humou●s , than to convince Reason . He would say , he must obse●ve the joynts and flexures of Affairs ; and so could do more with a Story , than others could with a Harangue . He always surprized business , and preferred motions in the hea● of other diversions ; and if he must debate it , he would hear all ; and with the advantage of aforegoing speeches , that either cautioned or confirmed his resolutions , he carried all before him in conclusion beyond reply . He o●t-did the Jesuites in their own bowe , and over-reached them in their own equivocation , and mental reservation● never setling a Lye , but warily drawing out and discovering truth . As the close Room sucketh in most Air , ●o this wary man got most intelligence , being most of our Papists Confessour before their death , as they had been their Brethrens before their Treason . He said what another writ , That an habit of secrecy is policy and vertue . To him mens faces spake as much as their tongues , and their countenances were Indexes of their hearts . He would so beset men with Questions , and draw them on , and pick it out of them by piece-meals , that they discovered themselves whether they answered or were silent . This Spanish Proverb was familiar with him , Tell a Lye , and find a Truth ; and this , Speak no more than you may safely retreat from without danger , or fairly go through with without opposition . Some are good onely at some affairs in their own acquaintance ; Walsingham was ready every where , and could make a party in Rome as well as England . He waited on mens souls with his eye , discerning their secret hearts through their transparent faces . He served him●elf of the Factions as his Mistress did , neither advancing the one , nor depressing the other : Familiar with Cecil , allied to Leicester , and an Oracle to Sussex . He could overthrow any matter by undertaking it , and move it so as it must fall . He never broke any business , yet carried many : He could discourse any matter wi●h them that most opposed ; so that they in opposing it , promoted it . His fetches and compass to his designed speech , were things of great patience and use . Twice did he deceive the French as Agent , once did he settle the Netherlands as Commissioner , and twice did he alter the Government of Scotland as Embassadour . Once did France desire he might be recalled , because he was too hard for the Counsel for the Hugonots ; and once did Scotland request his remand , because he would have overturned their Constitution : 53 Agents did he maintain in Forreign Courts , and 18 Spies : : for two Pistols an Order , he had all the private Papers of Europe : few Letters escaped his hands , whose Contents he could read and not touch the Seal● . Bellarmine read his Lectures at Rome one moneth , and Reynolds had● them confute that next . So patient was this wise man , Chiselhurst never saw him angry , Cambridge n●ver passionate and the Court never discomposed . Religion was the interest of his Countrey , ( in his judgement ) and of his Soul ; therefore he maintained it as sincerely as he lived it : it had his head , his purse , and his heart . He laid the great founda●ion of the Protestant Constitution as to its policy● and the main plot against the Polish as to its ruine . ●e would cherish a plot some years together , admitting the Conspirators to his own and the Queens ●●e●ence familiarly , but dogging them out watch●●●●y : his Spi●s waited on some men every hour , for ●●●ee yea●s ; and le●t they could not keep counsel , 〈◊〉 dispatched them to forraign parts , taking in new S●●vants● H●s train●ng Parry of who d●signed 〈…〉 of Queen Elizabeth , the admitting of hi● under the p●etence of discovering a Plot to the Q●eens presence , and then letting him go where he would , onely on the security of a Dark Sentinel set over him , was ● piece of reach and ha●ard beyond common apprehension . But Kingdomes were acted by him , as well as private persons . It is a likely report ( saith one ) that they father on him at his return ●●om France , when the Queen expressed her 〈◊〉 of the ●panish designe on that Kingdome with 〈◊〉 ●●cernment , Madam , ( saith he ) be content not 〈…〉 the Spaniard hath a great appetite , and an 〈…〉 digestion : but I have fitted him with a bone for this twenty years , that your Majesty shall have no cause to doubt him : Pr●vided that if the fire chance to slack which I have kindled , you will be ruled by me , and now and then cast in some English fuel which may revive the flame . H●●irst observed the g●eat Bishop of Winchester fit to serve the Church , upon the unlikely Youths first Sermon at S●● Alhallows Barking : He brought my Lord Cooke first to the Church upon some private discourse with him at his Table . The Queen of Scots Letters were all carried to him by her own Servant , whom she trusted , and decyphered to him by one Philips , as they were sealed again by one Gregory , so that neither that Queen , or her correspondents ever perceived either the Seal defaced , or the Letters delayed to her dying day . Video & Taceo , was his saying , before it was his Mistresses Motto . H● could as well ●it King Iames his humour with sayings out of Xenophon , Thucydides , Plutarch , Tacitus : as he could King Henry's with Rablais's conceits , and the Hollander with mechanick Discourses . In a word , Sir Francis Walsingham was a studious and temperate man ; so publick-spirited , that he spent his Estate to serve the Kingdome ; so faithful , that ●e bestowed his years on his Queen ; so learned , that he provided a Library for Kings Colledge of his own Books ; which was the best for Policy , as Cecil's was for History , Arundels for Heraldry , Cottons for Antiquity , and Vshers for Divinity : finally , he ●qualled all the Statesmen former ages discourse of , and hardly hath been equalled by any in following Age● . Observations on the Life of the Earl of Leicester . THe Lord Leicester was the youngest son then living of Dudley Duke of Northumberland : he was also one of the first to whom Queen Elizabeth gave that honour to be master of the horse . He was a very goodly person , and singular well featured , and all his youth well favoured , and of a sweet aspect , but high foreheaded , which was taken to be of no discommendation : but towards his latter end grew high-coloured and red-faced . The Queen made him Earl of Leicester for the sufferings of his Ancestors sake , both in her Fathers and Sisters Reigns . The Earl of Essex his death in Ireland , and the marriage of his Lady yet living , deeply stains his commendation . But in the Observations of his Letters and Writings , there was not known a Stile or Phrase more religious , and fuller of the streams of Devotion . He was sent Governour by the Queen to the United States of Holland , where we read not of his wonders ; for they say , Mercury , not Mars , in him had the predominancy . To the Policy he had from Northumberland his Father , and the Publican Dudley his Grandfather , he added , it is said , Magick and Astrology ; and to his converse with Wise men , his familiarity with Wizards . Indeed he would say , A States-man should be ignorant of nothing , but should have all notices either within his own or his Confidents command . His Brother Ambrose was the heir to the Estate , and he to the Wisdome of that Family . He was the most reserved man of that Age , that saw all , and was invisible ; carrying a depth not to be fa●homed but by the Searcher of Hearts . Many fell in his time , who saw not the hand that pulled them down ; and as many died that knew not their own Disease . He trusted not his Familiars above a twelve-month together , but either transported them for Forreign services , or wafted them to another world . His Ambition was of a large extent , and his head-piece of a larger . Great was his Influence on England , greater on Scotland , and greatest of all on Ireland and the Netherlands ; where this close Genius acted invisibly , beyond the reach of friends , or the apprehension of enemies . Declining an immediate opposition in Court-factions , the wary Sir raised always young Favourites to outshine the old ones : so balancing all others that he might be Paramount himself . The modern policy and practices were but shallow to his ; who by promoting the Queens match , could hinder it ; who could decoy Hunsdon to Berwick , Pembroke to Wales , Sidney to Ireland ; while what with his great Train , what with his growing Popularity , he was called the Heart of the Court. To make his Basis equal to his heighth , he enlarged and strengthened his Interest by Alliance with the chief Nobility , to whom he was related . By his Patronage of Learning , over which he was Chancellour● by kindness to the Clergy , whose head he seemed to be ; by his command over all men , whom either his favours had won , or his frowns awed ; every body being either within the Obligation of his Cour●esies , or the reach of his Injuries . He advised some complyance with Philip of Spain for the match he proposed ; while by degrees he altered Religion so , as it must be impossible ; designing Queen Elizabeth for his own Bed , while she made his way to the Queen of Scots : whose re●usal of him he made as fatal to her , as his marriage would have been advantageous ; ( The Queen of England promising to declare her next heir to the Crown of England , in case she failed of Issue , upon that match . ) Leicester trepans Norfolk to treat a match with the Scotch Queen ; and her to accept it , to both their ruine : both being engag●d in such foolish Enterprizes by their enemies practices , as made Leicester able in the head of a new Association in the Queens defence , to take off Norfolk and his Ladies head . He was always beforehand with his Designes , being a declared enemy to After-games . His Interest was Popery , until my Lord North put him upon Puritanism , but his Religion neither : he promoted the French and Polish match at Court , and disparaged them in the Country . When Cardinal Chati●●ian advertized her Majesty how Leicester drave Royal Suiters from her Court , he was sent to another World. He that would not hold by his favour , must fall by his frown ; Archbishop Grindal not excepted . His hand bestowed all favours , and his brows all frowns : the whose Court was at his Devotion , and half the Council at his beck . Her Majesty suspected , but durst not remove him . His Intelligence was good in Scotland , better in Ireland , best in Spain . The Country was governed by his Allies , and the Court by himself . The Tower was in his servants hands , London under his Creatures Government , and the Law managed by his Confidents . His treasure was vast , his gains unaccountable , all passages to preferment being in his hand at home and abroad . He was never reconciled to her Majesty under 5000 l. nor to any Subject under 500 l. and was ever and ●non out with both . All Monopolies are his , who commanded most mens Purses , and all mens Parts . A man was oppressed if he complyed with him , and undone if he opposed him . In a word , his designe was thought a Crown , his Parts too large for a Subject , his Interest too great for a Servant , his depth not fathomable in those days , and his Policy not reached in these . Observations on the Life of Christopher Lord Hatton . SIr Christopher Hatton was a Gentleman who for his activity and Person was taken into the Qu●ens favour . He was first made Vice-Chamberlain , and shortly after advanced to the place of Lord Chancellour● A Gentleman , that besides the Graces of his Person , and Dancing , had also the Adjectments of a strong and subtile c●pacity : one that could soon learn the Discipline and Garb both of Times and Court. The truth is , he had a large proportion of Gifts and Endowments , but too much of the season of Envy . As he came , so he continued in the Court in a mask . An honest man he was , but reserved . Sir Iohn Perr●t talked , and Sir Christopher Ha●ton thought , His features set off his body , his gate his features , his carriage his gate , his parts his carriage , his prudence his parts , and his close patience his prudence . The Queen loved him well for his activity , better for his parts , best of all for his abilities , which were as much above his experience , as that was above his learning , and that above his education . The little the wary man did , was so exactly just and discreet ; and the little he said , was so prudent and weighty , that he was chosen to keep the Queens Conscience as her Chancellour , and to express her sense as her Speaker : the Courtiers that envied the last capacity , were by his power forced to confess their errours ; and the Sergeants that would not plead before him in the first , by his prudence to confess his abilities . The Chancellourship was above his Law , but not his Parts ; so pregnant and comprehensive , that he could command other mens knowledge to as good purpose as his own . Such his humility , that he did nothing without two Lawyers : such his ability , that the Queen did nothing without him . Two things he said he w●s jealous of , his Mistresses the Queens Prerogatives , and his Mother the Churches Discipline : the one , that Majesty might be at liberty to do as much good ; and the other , that Iniquity might not be free to as much evil as it pleased . His enemies advanced him , that they might weaken him at Court by his absence , and kill him at home by a sedentariness . This even and clear man observed and improved their practices , closing with Malice it self to his own advancement , and tempering the most perverse enmity to the greatest kindness . His ●irst Preferment at Court was to be one of the fifty Pensioners ; whence his modest sweetness of Manners advanced him to the Privy Chamber : where he had not been long , but his face and tongue ( which most eloquent , which most powerful , was in those days a question ) made him Captain of the Guard● his presence and service Vice-Chamberlain ; and his great improvement under my my Lord Burleigh , placed him in that grave Assembly , ( the wisest Convention in Europe at that time ) the Privy-Council ; where he had not sate long , when his enemies as well as his friends made him Chancellour and Knight of the Garter : the one to raise him , and the other by that rise to ruine him . The Eagle-eyed men of those times carried up on high the Cockleshel they had a mind to crack . A man of a pious Nature , very charitable to the Poor , very tender of dissenting Judgements , ( saying , That neither searing nor cutting was to be used in the cause of Religion ) very bountiful to Scholars , ( who chose him Chancellour at Oxford ) very exact in his Place ; whence he went off , though not with the applause of a great Lawyer to split Causes , yet with the Conscience and comfort of a just man , to do equity . Take his Character from his own words , those words that prevailed with the Queen of Scots to appear before the Commissioners at Fotheringaz , when neither Queen Elizabeths Commission , nor the Lord Chancellours Reason , nor the Power of the Kingdome could perswade that good Lady to it . The words are these : You are accused , but not condemned . You say you are a Queen ; be it so : if you are innocent , you wrong your Reputation in avoiding tryal . You protest your self innocent , the Queen feareth the contrary not without grief and shame . To examine your innocence are these honourable , prudent , and upright Commissioners sent : glad will they be with all their hearts if they may return and report you guiltless . Believe me , the Queen her self will be much affected with joy , who affirmed to me at my coming from her , that never any thing befel her more grievous , than that you were charged with such a crime : Wherefore lay aside the bootless priviledge of Royal Dignity , which here can be of no use to you , appear in Iudgement , and shew your Innocence ; lest by avoiding tryal , you draw upon your self suspition , and lay upon your Reputation an eternal blot and aspersion . Four things I observe he did that deserve a Chronicle : 1. That he delayed the Signing of Leicesters P●t●nt for the Lieut●nantcy of England and Ireland , the Preface to his Kingdome , until that Earl was sick . 2. That he reduced the Chancery , and all other Courts , to Rules . 3. That he stood by the Church against the enemies of both sides . Archbishop Whitgift when checked by others for his due severity , writes to him thus : I think my self bound to you for your friendly Message as long as I live : It hath not a little comforted me , having received unkinde speeches not long since , &c. And therefore ( after an ●xpostulation about some States-mens Proceedings against the Law and State of the Realm , and a Declaration of his own resolution ) saith he , your Honour in of●ering that great courtesie , offered unto me as great a pleasure as I can desire . Her Majesty must be my Refuge , and I beseech you that I may use you as a means , when occasion shall serve ; whereof I assure my self , and therein rest , John Cant. 4. That he promoted the Proclamations for plain Apparel , for Free Trade , for pure Relig●on , and the Laws against the Papists . None Nobler , none less aspiring : none more busie , yet none more punctual in his hours and orders . Corpulent he was , but temperate ; a Batchelor , ( and the onely one of the Queens Favourites ) yet chaste : quick were his Dispatches , but weighty , many his Orders , and consistent : numerous were the Addresses to him , and easie the access . Seldome were his Orders reversed in Chancery , and ●eldomer his Advice opposed in Council . So just he was , that his sentence was Law with the Su●j●ct ; so wise , that his Opinion was Oracle with his Soveraign : so exact was Q●een Elizabeth , that she called upon him for an old debt , though it broke his heart ; so loving , that she carried him a Cordial-broath with her own hand , though it could not r●vive him . Observations on the Life of the Lord Hunsdon . THe Lord Hunsdon was of the Q●eens nearest Kindred ; and on the decease of Sussex , both he and his Son took the place of Lord Chamberlain . He was a fast man to his Prince , and firm to his friends and servants , downright , honest , and stout-hearted , having the charge of the Queens Person both in the Court , and in the Camp at Tilbury . The integrity of his temper allayed the greatness of his birth ; which had rendred him dangerous , if the other had not vouched him faithful . He spoke big , but honestly ; and was thought rather resolute than ambitious . His words were as his thoughts , and his actions as his words . He had Valour enough to be an eminent Souldier in Ruffling times , and a r●nownedly honest man in Queen Elizabeths Reign . His Latine , saith Sir Robert Naunton , and his dissimulation , were both alike . His custome of swearing , and obscenity in speaking , made him seem a wo●se Christian than he was , and a better Knight of the Carpet than he should be . The Pol●ticians follow●d Cecil , the Courtiers Leicester , and the Souldiers Hunsdon , whose hands were better than his head , and his heart than both . He led so brave a Train of young Gallants , as after another threatned a Court , but after him secured it ; whose Greatness was not his Mistresses jealou●●e , but her safeguard . One of his blunt Jests went further than others affected Harangues ; the one being Nature , the other forced . His faithfulness made him Governour of Berwick ; a place of great ●ervice : and General of the English Army ; a place of great Trust. He had something of Leicesters Choler , but none of his Malice . A right Noble Spirit , not so stupid as not to resent , not so unworthy as to retain a sense of Injuries . To have the Courage to observe an Affront , is to be even with an Adversary : to have the patience to forgive it , is to be above him . There goeth a story of him , that when his Retinue , which in those times was large , would have drawn on a Gentleman that had returned him a box on the ear , he forbad them in these Souldier-like words : You Rogues , cannot my Neighbour and my self exchange a box on the car , but you must interpose ? He might have been what he would , for relieving Queen Elizabeth in her distress : he would be but what he was : Others Interests were of●ered him to stand upon ; he was contented with his own . He suppressed the Court Factions , and the Northern Commotions ; the one by his Inter●●t , the other by his Valour : for the one , he had always the Queens heart ; for the other , he had once a most G●acious Letter . His Court-●avour was as lasting as his Integrity . One hath left this remarque concerning him : That he should have been twice Earl of Wiltshire in right of his Mother Bollen . And the Queen , when he was on his Death-Bed , ordered his patent and Robes to his bed-side : where he who could dissemble neither well nor ill , told the Queen , That if he was not worthy of those Honours when living , he was unworthy of them when dying . In a word , Sir William Cecil was a wise man ; Bacon was reaching , ●eicester cunning ; Walsingham was a Patriot , and my Lord Hunsdon was honest . Observations on the Life of Nicholas Heath , Archbishop of York , and Lord Chancellour of England . AT once a most wise and a most learned man , of great Policy , and of as great Integrity ; meek and resolute : more devout to follow his own Conscience , than cruel to persecute others . It is enough to intimate his moderate temper , equal , and di●-engaged from violent extreams ; that the first of Queen Elizabeth , in the Disputation between the Papists and Protestants , he was chosen by the privy-Council one of the Moderators , when Sir Nicholas Bacon was the other . The Civility ●e shewed in pros●erity , he found in Adver●ity : for in Queen El●zabeths time he was rather ●ased , than deposed , [ like another Ab●athar , sent home by Solomon to his own fields in Anathoth ] living cheerfully a● Co●ham in Surry , where he devoted his Old Age to Religion and Study , being much comforted with the ●ueens Visits and kindness , and more with his own good conscience ; that ( as he would often say ) he had been so intent upon the service , as never to enjoy the greatness of any place he was advanced to . Sir Henry Wotton being bound for Rome , asked his Host at Siena , a man well versed in men and business , What Rules he would give him for his port● , Conduct and Carriage ? There is one short remembrance ( said he ) will carry you safe through the world ; nothing but this , ( said he ) Gli Pensiere str●tti , & el viso Scio●●o : ( i. e. ) Your thoughts close● and your Countenance loose . The Character of this prelate , a man of a calm and reserved minde , but of a gravely obliging carriage : wise and wary ; and that a solid wisdome rather than a formal ; well seasoned with practice , and well broken to Affairs : of a fine Composition , between F●ugality and magnificence : A great Cherisher of manual Arts , especially such as tended to splendour or ornament ; entertaining the most exquisite Artists with a setled pension . ●qually divided he was between the Priest and the States-man ; Great with his double power , Ecclesiastical and Civil : by Nature more reserved than popular , with Vertues fitter to beget estimation than love . In his Chancellourship he was served with able followers , rather by choice than number , and with more neatness and service than noise . As midland Countries in busie times are most secure , as being farthest , and most participating of the common Interest : so your moderate and middle men in troublesome and perplexed times , are most quiet , as least concerned in the respective Controversies , and most intent upon the common good . Observations on the Life of Sir William Pickering . HIs Extraction was not Noble , his estate but mean ; yet was his person so comely , his carriage so elegant , his life so gravely reserved and studious , and his Embassies in France and Germany so well managed , that in King Edwards days he was by the Council pitched upon as the Oracle , whereby our Agents were to be guided abroad● and in Queen Eli●abeths , designed by common vote for the Prince by whom we were to be governed at home . He received extraordinary favours , no doubt , so deserving he was : he was wish●d to more , he was so popular : and when his service wa● admitted to her majesties bosome , all fancies but his own placed his person in her Bed. And I find him a prince in this , That retiring from those busie Buslings in the State , wherein he might be matched or out-done , he devoted his large soul to those more sublime and noble researches in his Study , wherein he sate monarch of hearts and letters . Anxious posterity no doubt enquires what great Endowments could raise so private a man to such publick honour and expectation ; and it must imagine him one redeemed by the politure of good Education , from his younger vanities and simplicities , his Rustick ignorance , his Clownish con●idence his Bruitish dulness , his Country solitude , his earthly ploddings , his Beggerly indigencies , or covetous necessities ; racked and refined from the Lees of sensual and inordinate lust , from swelling and surly pride , from base and mean designes , from immoderate affections , violent passions , unreasonable impulses , and depraved asp●cts ; of a strong and handsome body , a large and publ●ck soul , of a gentle and patient access , of benign and just re●entments , a grand awful presence . This is he that is born to teach the world , That * Vertue and Wariness make● Kings as well as Gods. Observations on the Life of Cu●hberth Tonstal , Bishop of Durham . A Man passing well seen in all kind of polished litera●ure ; who having run through many degrees of honour at home , and worthily performed several Embassies abroad , was very hot against the Popes primacy in his young days , very moderate for it in his middle years , and very zealous in his old age : like the waters in Curtius , that are hot at midnight , warm in the morning , and cold at noon . In the Reign of Queen Mary he spake more harshly against the protestants , ( calling Bishop Hooper Beast for being married ) then he acted , being politickly presumed to bark the more , that he might bite the less ; and observed to threaten much in London , and do little in his own Diocess : for I meet ( saith my Author ) with a marginal note in Mr. Foxe , which indeed justly deserved even in the fairest letters to be inserted in the body of his Book : Note , that Bishop Tonstal in Queen Mary's days was no great bloody Persecutor : for Mr. Russel a Preacher was before him , and Dr. Hinmer his Chancellour would have had him examined more particularly : the Bishop staid him , saying , Hitherto we have had a good report among our Ne●ghbours ; I pray you bring not this mans blood upon my head . When the more violent Bishops were confined to close prisons , primo Elizabethae he lived in Free Custody at my Lord of Canterbury's , in sweet Chambers , warm Beds , by warm Fires , with plentiful and wholesome Diet at the Archbishops own Table : differing nothing from his former Grandeur , save that that was at his own charges , and this at anothers ; and that he had not his former suit of superfluous Servan●s , that long Train that doth not warm but weary the Wearer thereof . In a word , his custody did not so much sowre his freedome , as his freedome sweetned his custody ; where his Soul was most free , using not once those Oracles of Seneca , That the good things of Prosperity are to be wished , and the good things of Adversity to be admired . It 's true Greatness to have at once the frail●y of a man , and the security of a God. Prosperi●y ( saith my Lord Bacon ) is the blessing of the Old Testament , and Adversity of the new : the first wants not its fears and distastes , therein therefore our prelate was temperate ; nor the second its comforts and hopes , and therein he was resolved : in the one ( — virtus vel in hoste ) he was not vicious , under the other lie was vertuous . Observations on the Life of Sir Francis Talbot , Earl of Shrewsbury . NObility without Vertue is a disgrace , Vertue without Nobility low ; but Nobility adorned with Vertue , and Vertue embellished by Nobility , raiseth a man high as Nature reacheth : and he in whom these two concur , hath all the glory a man can attain unto , viz. both an Inclination and a Power to do well . This is the man whose Greatn●ss was but the servant to his Goodness , and whose honour the Instrument of his Vertue ; who was reverenced like the Heavens he bore , for his B●neficence , as well as for his Glory . He saw four troublesome Reigns , but not troubled himself , as one that was so espoused to the common and grand Concerns of Mankinde , as to be unin●e●ested in the particular and petty Designe of any party of it . He had friends ( and none more sure to them , or more devoted to that sacred thing called Friendship ) to ease his heart to , to support his judgement by , to reform , or at least observe his defect in , to compose his mind with ; but none to countenance in a Faction , or side with in a quarrel : Vsefulness is a Bond that tieth great and good men , and not respects . How low Learning ran in our Land among our Native Nobility some two hundred years since , in the Reign of King Henry the sixth , too plainly appeareth by the Motto in the Sword of the Martial Earl of Shrewsbury , ( where ( saith my Author ) at the same time a man may smile at the simplicity , and sigh at the barbarousness thereof ) Sum Talboti pro occidere inimicos me●s : the be●t Latine that Lord , and perchance his Chaplain too in that Age could afford . The case was much altered here , where this Lords Grandchild was at once the chiefest * Councellour , and the most eminent Scholar of his Age. It 's a reverend thing to see any ancient piece standing against time , much more to see an ancient Family standing against Fortune . Certainly Princes that have able men of their Nobility , shall finde ease in employing them , and a better ●lide into their business : For people naturally bend to them , as born in some sort to command . Observations on the Life of Sir Thomas Chall●ner . THis Gentlemans birth in London made him quick , his Education in Cambridge knowing , and his travail abroa●●expert . In Henry the eighth's time he reserved Charles the fifth in the expedition of Algier : where being ship-wracked , after he had swum till his strength and arms fa●led ●im , at the length catching hold of a Cable with his teeth , he escaped , not without the loss of some of his teeth . ( We are consecrated by dangers to services ; and we know not what we can do , until we have seen all we can fear . ) In Edward the sixth's Reign , he behaved himself so manly at Muscleborough , that the Protector honoured him with a Knighthood , and his Lady with a Jewel ; the delicate and valiant man at once pleasing Mars and his Venus too . The first week of Queen Elizabeths Reign , he is designed an Embassadour of honour to the Emperour ; such his port and carriage ! and the second year , her Leiger for business in Spain ; such his trust and abilities ! The first he performed not with more Gallantry , than he did the second with policy ; bearing up King Philips expectation of the match with England for three years effectually , until he had done the Queens business abroad , and she had done her own at home . In Spain he equally divided his time between the Scholar and the States-man , his recreation and his business ; for he refreshed his more careful time with a pure and learned Verse , de rep . Anglorum instauranda , in five Books , whilst as he writes in the preface to that Book , he lived Hieme infurno , aestate in Horreo : i. e. Wintered in a Stove , and Summered in a Barn. He understood the Concerns of this estate well , and those of his own better ; it being an usual saying , engraven on all his Plates and Actions , — Frugality is the left hand of Fortune , and Diligence the right . Anthony Brown Viscount Mountacute urged with much Zeal and many Arguments the Danger and Dishonour of revolting off from the Catholick and Mother-Church : Sir Thomas Challener with more Eloquence enlarged on the just Cause for which we deceded from the Errours of Rome the true Authority by which we deceded from the Usurpation of Rome , and the Moderation in what we deceded from the Superstition of Rome . When the Spanish Embassadour urged that some Catholicks might with the Queens leave remain in S●ain ; he answered him in a large Declaration , That though the instance seemed a matter of no great moment , yet seeing the Parties concerned would not receive so much advantage by the licen●e as the Commonwealth would damage by the President , it was neither fit for the King of Spain to urge , or for the Queen of England to grant . He was very impatient of Injuries , pressing his return home when his Coffers were searched , but admonished by his Mistress , That an Embassadour must take all things in good part that hath not a direct tendency to the Princes dishonour , or his Countries danger . His death was as honourable as his life , Sir William Cecil being chief Mourner at his Funeral , St. Pauls containing his Grave , and he leaving a hopeful * Son that should bring up future Princes , as he had served the present ; being as worthy a Tutor to the hopeful Prince Henry , as his Father had been a faithful Servant to the renowned Queen Elizabeth . Observations on the Life of Sir Edward Waterhouse . SIr Edward Waterhous● was born at Helmstodbury Hartfordshire : of an ancient and worshipful Family , deriving their descent lineally from Sir Gilbert Waterhouse of Kyrton in Low-Lindsey in the County o● Lincol● ● in the time of King Henry the third . As for our Sir Edward , his Parents were , Iohn Waterhouse Esquire , a man of much fidelity and sageness , Auditor many years to King Henry the eighth ; of whom he obtained ( after a great Entertainment for him in his house ) the grant of a weekly Market for the Town of Helmsted . Margaret Turner of the ancient House of Blunts-Hall in Suffolk , and Cannons in Hertfordshire . The King at his departure honoured the children of the said Iohn Waterhouse , being brought before him , with his praise and encouragement , gave a Benjamins portion of Dignation to this Edward ; foretelling by his Royal Augury , that he would be the Crown of them all , and a man of great honour and wisdome , fit for the service of Princes . It pleased God afterwards to second the word of the King , so that the sprouts of his hopeful youth on●ly pointed at the growth and greatness of his honourable Age. For , being but twelve years old , he went to Oxford ; where for some years he glistered in the Oratorick and Poetick sphere , until he addicted himself to conversation , and observance of State-●ffairs , wherein his great proficiency commended him to the favour of three principal Patrons . One was Walter Devereux E●rl of Essex , who made him his bosome-friend ; and the said Earl lying on his death-bed took his leave of him with many kisses : Oh my Ned , Oh my Ned , ( said he ) Farewel : thou art the faithfullest and friendliest Gentleman that ever I k●ow , In testimony of his true affection to the dead Father in his living Son , this Gentleman is thought to have penned that most judicious and elegant Epistle , ( recorded in Holinshed's History , pag. 1266. ) and presented it to the young Earl , conjuring him by the Cogent Arguments of Example and Rule to patrizare . His other Patron was ●ir Henry Sidney , ( so often Lord Deputy of Ireland ) whereby he became incorporated into the familiarity of his Son Sir Philip Sidney ; between whom and Sir Edward there was so great friendliness , that they were never better pleased than when in one anothers companies , or when they corresponded each with other . And we finde after the death of that worthy Knight , that he was a close-concerned Mourner at his Obsequies , as appeareth at large in the printed representation of his funeral Solemnity . His third Patron was ●●r Iohn Perrot , Deputy ●lso of Ireland ; who so valued his council , that in State affairs he would do nothing without him . So great his Employment betwixt State and State , that he crossed the Seas thirty seven times , until deservedly at last he came into a port of honour , wherein he sundry years anchored and found safe Harbour . For he receiving the honour of Knighthood , was sworn of her Majesties Privy-Council for Ireland , and Chancellour of the Exchequer therein . Now his grateful soul coursing about how to answer the Queens favour , laid it self wholly out in her service : wherein two of his Actions were most remarkable . First , he was highly instrumental in modelling the Kingdome of Ireland into shires , as now they are ; shewing himself so great a lover of the polity under which he was born , that he advanced the Compliance therewith ( as commendable and necessary ) in the Dominions annexed thereunto . His second service was , when many in that Kingdome shrowded themselves from the Laws , under the Target of power , making Force their Tutelary Saint , he set himself vigorously to suppress them . And when many of the Privy-Council , terrified with the greatness of the Earl of Desmond , durst not subscribe the Instrument wherein he was proclaimed Traytor , Sir Edward amongst some others boldly signed the same , ( disavowing his , and all Treasons against his Fri●nds and Country ) and the Council did the like , commanding the publication thereof . As to his private sphear , God blessed him , being but a third Brother , above his other Brethren . Now , though he had three Wives , the first a Villiers , the second a Spilman , the third the Widow of Herlakenden of Wood-church in Kent , Esquire ; and though he had so strong a brain and body , yet he lived and died childless , intercommoning therein with many Worthies , who are , according to AElius Spartianu● , either improl●fick , or have children in Genitorum Vituperium & famarum Laesuram . God thus denying him the pleasure of posterity , he craved leave of the Queen to retire himself , and fixed the residue of his life at Wood-church in Kent , living there in great Honour and Repute , as one who had no designe to be popular , and not prudent ; rich , and not honest ; great , and not good . He died in th● 56 year of his Age , the 13 of October 1591. and is buried at Wood-church under a Table-marble monument , erected to his memory by his sorrowful Lady surviving him . Observations on the Life of the Duke of Norfolk ● HIs Predecessors made more noyse it may be , but he had the greater fame : their Greatness was feared , his Goodness was loved . He was heir to his Uncles Ingenuity , and his Fathers Valour ; and from both derived as well the Laurel as the Coronet . His God and his Soveraign were not more taken with the ancient simplicity that lodged in his plain breast , than the people were endeared by that noble humility that dwelt in his plainer cloaths and ca●riage . ( The most honourable Pe●sonages , like the m●st honourable Coats of Arms , are least gaudy . ) In the Election of the first Parliament of Que●n Elizabeth , and as a consequent to that in the settlement of the Kingdome , Sir William Cecils Wisdome did much , the Earl of Arundels Industry more , but the D●ke of Norfolks Popularity did m●st . Neve● Peer more dread , never more dear : as he could engage the people to comply with their Soveraign at home , so he could lead them to serve her abroad . That martial but unfor●unate Gentleman VVilliam Lord Grey , draweth first towards Scotland , ( for the first Cloud that would have da●k●ned our glorious star , came from the North , VVhence all evil , is equally our Proverb and our experience ) as Warden of the middle and East m●●ches : but he is seconded by the Duke , as Lieutenan●-General of the North-parts ; where his presence commands a Treaty , and his Authority a League , Offensive and Defensive , to balance the French Interest , to reduce the North parts of Ireland , and keep the peace of both Kingdome● . Now as the watchful Duke discovered by some private Passages and Letters that Scotland was to be invaded by the French : so he writ to his Soveraign , That notwithstanding the Spanish and French Embassadors Overtures , ●he would proceed resolutely in her preparations for Scotland ; as she did under his Conduct , until the young Que●n was glad to submit ; and the King of France , by Cecil and Throgmortons means now b●sied at home , to come to terms . He brought the Kingdome to musters , the People to ply husbandry , the nobility to keep Armories , and the Justicers to Salaries . The Ensignes of St. Michael were bestowed upon him as the Noblest , and on Leicester as the dearest person at Court : N●w Arundel , who had spent his own Estate in hope of the Queens , under pretence of recovering his health , travelled abroad to mitigate his grief . When the Earls of Pembroke and Leicester were openly for the Queens marriage , for the future security of our present happiness ; the Duke , though privately of their minde , yet would discourse . 1. That Successors take off the peoples eyes from the present Soveraign . 2. That it was the safest way to k●ep all Competitors in suspence . 3. That Successors , though not designed , may succeed . 4. Whereas when known , they have been u●done by the Arts of their Competitors . 5. And that most men ( whatever the busie Agitators of the Succession pretended ) have no more feeling in publick matters than concerneth their own p●ivate interest . But he had a p●ivate kindness for ●he Q●een of Scots , which he discovered in all the Treaties wherein she was concerned . 1. In Lov●-Letters to her , notwithstanding that Queen Elizabeth bid him take care what pillow he rested his head on . 2. In his meditations at Court so importune for her , that the Queen would say , The Queen of Scots shall never want an Advocate while Norfolk lives . And , 3. By some private transaction with the Pope and Spaniard : to which Leicesters craft trepanned him against his friend Cecils advice , which in a dangerous juncture cost him his life . For the people wishing ( for the securi●y of the succession in a Protestant and an E●glish hand ) that the good Duke were married to the mother , and his onely Daughter to her young Son ; subtile Leicester and Throgmorton laid a Train for the plain man by Conf●rences with Murray , Cecil , &c. until a Plot was discovered ; and the Duke , notwithstanding Cecils advice to marry a priva●e Lady , retiring to Norfolk to finish the Ma●ch with the Queen , was upon Letters taken with Rosse surprized , and committed to the Tower , he saying , I am betrayed , and undone by mine own , whilst I knew not how to mistrust , which is the strength of wisdom . After a solemn Tryal , he is beheaded for Indiscretions rather than Treasons , losing his head because he wanted one . Never any fell more beloved , or more pitied : such his singular Courtesie , such his magnificent Bounty , not unbecoming so great a Peer . High was his Nobility , large his Interest , singularly good his Nature , comely his Person , manly his Countenance , who ( saith Cambden ) might have been a great strength and Ornament to his Country , had not the cunning practices of his malicious Adversaries , and slippery hopes , under colour of publick good , diverted it from his first course of life . His death was a blot to some mens Justice , to all mens Discretion that were concerned in it , as generally odious , though quietly endured● which proves ( saith one ) That the common people are like Rivers , which seldome grow so impetuous as to transcend the bounds of Obedience , but upon the overflowing of a general Oppression . Observations on the Life of Sir Nicholas Throgmorton . SIr Nicholas Throgmorton , fourth son of Sir George Throgmorton of Coughton in Warwickshire , was bread beyond the Seas , where he attained to great experience . Under Queen Mary he was in Guild-hall arraigned for Treason , ( in co●pliance with Wiat ) and by his own wary pleading , and the Juries upright Verdict , hardly escaped . Queen Elizabeth employed him her Leiger a long time , first in France , then in Scotland , finding him a most able minister of state : yet got he no great wealth ; and no wonder , being ever of the opposite party to Burleigh Lord Treasurer : Chamberlain of the Exchequer , and Chief Butler of England , were his highest Preferments . I say , Chief Butler ; which Office , like an empty-covered Cup , pretended to some State , but afforded no considerable profit . He died at supper with eating of sallats : not without suspicion of poyson ; the rather , because it happ●ned in the house of one no mean Ar●ist in that faculty , R Earl of Leicester . His dea●h , as it was sudden , was seasonable for him and his , whose active ( others will call it tur●ulent ) spi●it had brought him unto such trouble as might have cost h●m , at least , the loss of his personal Estate . He died in the 57 year of his Age , Febr. 12. 15●0 . and lieth buried in the South-side of the Chance● of St. Martin Cree-church London . A stons and a wise man , that saw through pretences , and could look beyond dangers . His skill in Herald●y appears in his grim Arguments against the Ki●g of France , in ●ight of his Q●een of Scots Usurping of the Arms of England ; and his exper●ence in History , in his p●●emptory D●clarations of th● Queen of Englands a Title in the right of her ●welve Predecessors to t●ose of France . But his policy much mo●e , b● putting Mo●tmorency , the great Enemy of the Guizes , upon perswading his Master out of the humour of wearing those Arms , with this Argument , That it was below the Arms of F●ance to be quartered with those of England ; those being comprehensive of these and all other of his Majesties Dominions . An Argument more suitable to that P●ince his ambition , than convincing to his R●ason . Wise men speak rather what is most fit , than what is most rational , not what demonstrates , but what perswades his , and takes . But being endang●red in his person , affronted in his Retinue , and served with nothing at his Table but what had the Arms of England quartered with those of France , he dealt underhand wit● the E●rl of Northumberland , to understand the scope the Reformed propounded to themselves , their means to compass what they aimed at , and ( if at any time they were assisted ) upon what terms a League might be concluded between the two Kingdomes . The Advices collected from all his Observations he sent to the Queen , were these : 1. That she should not rest in dull Counsels of what is lawful , but proceed to quick Resolutions of what is safe . 2. That to prevent , is the policy of all Nations , and to be powerful , of ours . England is never peaceable but in Ar●● . 3. That how close soever they managed their Affairs , it was a Maxime , b That France can neither be poor , nor abstain from War three years together . Francis Earl of Bedford bore the state of the French Embassy , and Sir Nicholas the burden , who gave dayly Directions to Sir Thomas Challone● in Spain , Sir Henry Killigrew in Germany , and Sir Thomas Randolph and Si● Peter Mewtas in Scotland : to the two first , to enjealous the Princes of those Countries ; and to the last , to unite the Nobility of Scotland ; he in the mean time suffering himself to be taken prisoner by the Protestants at the battle of Dreux , that he might with less suspition impart secret Counsels to them , and receive as secret Advices from them ; until discovering their lightness and unconstancy , they secured him as a person too cunning for the whole Faction , and too skilful in raising Hurley-burleys and Commotions . When the young Queen of Scots would needs marry the young Lord Darley , he told her that was long to be deliberated on which was to be done but once . And when that would not do , he advised , 1. That an Army should appear upon the borders : 2. That the Eccl●siast●cal Laws should be in force against Papists : 3. That Hereford should be secured : and , 4. That the Lord Dudley should be advanced . But the Queen being married to the Lord Darley , an easie and good-natured man , whom Qu●en Elizabeth wished to her bed next Leicester , and affronted by her subjects , Throgmorton disputes the Que●n● Authority and non-accountableness to any against Buchanans damned c Dialogue of the Peoples power over Kings : until ●melling their designe of revolt to the French , and cruelty upon the Queen , he perswaded her to resigne her Government , saying , That her Resignation extorted in Prison , which is a just fear , was utterly void . The next news we hear of this busie man , was in his two Advisoes to the Queen of Scots friends : 1. To clap up d Cecil , whom they might then ( he said ) deal with : 2. To proclaim the Q●een of Sexs succession ; and in the Train he laid to serve Leicester in the Duke of Norfolks ruine . But he was too familiar with that Politicians privacy , to live long : anno 1570 , he died . A man , saith Mr. Cambden , of great experience , passing sharp wit , and singular dili●gence ; an over-curious fancy , and a too nimble activity : like your too fine Silks or Linen , and more for shew than service ; never bl●ssing their Owners but when allayed with something of the heavy and the wary ; nor rising , but when stayed . Observations on the Life of Edward Earl of Derby . HIs Greatness supported his Goodness , and his Goodness endeared his Greatness ; his Heighth being looked upon with a double aspect : 1. By himself , as an advantage of Beneficence : 2. By others , as a ground of R●verence . His great birth put him above private respects , but his great Soul never above publick service . Indeed he repaired by ways thrifty , yet Noble , what his Ancestors had impaired by neglect . Good Husbandry may as well stand with great Honour , as Breadth may consist with Heigth . His Travel when young , at once gained experience , and saved expences ; and his marriage was as much to his profit as his honour . And now he sheweth himself in his full Grandeur , when the intireness of his minde , complyed with the largeness of his soul. 1. In a spreading Charity . Other Lords m●de many poor by Oppression ; he and my Lord of Bedford , as Queen Eliabeth would jest , made all the Beggers by his liberality . 2. In a famous Hospitality : wherein , 1. His House was orderly : a Colledge of Discipline , rather than a palace for Entertainment ; his Servants being so many young Gentlemen trained up to govern themselves by observing him ; who knew their master , and understood themselves . 2. His provision Native , ( all the Necessaries of England are bred in it ) rather plentiful than various , solid than dainty● that cost him less , and contented his guests more . His Table constant and even , where all were welcome , and none invited . 3. His Hall was full most commonly , his Gates always ; the one with the honest Gentry and Yeomen , who were his Retainers in love and observance , bringing good stomacks to his Table , and resolved hearts for his service ; the holding up of his hand in the Northern business , being as affectual as the displaying of a Banner : The other with the , 1. Aged , 2. Maimed , 3. Industrious Poor , whose craving was prevented with doles , and expectation with bounty ; the first being provided with meat , the second with money , and the third with employment . In a word , Mr. Cambden observes , That Hospitality lieth buried since 1572 , in this Earls Grave : whence may that Divine Power raise it , that shall raise him ; but before the last Resurr●ction , when there will be plenty to bestow in one part of the world , and no poor to be relieved ; poverty in the other , and no bounty to relieve . Neither was he munificent upon other mens charge : for once a moneth he looked into his Income● , and once a weak to his Disbursements , that none should wrong him , or be wronged by him . The Earl of Derby , he would say , shall keep his own House : wherefore it 's an Observation of him and the second Duke of Norfolk , That when they were buried , not a Trades-man could demand the payment of a Groat that they owed him , nor a Neighbour the restitution of a peny they had wronged him . They say , The Grass groweth not where the Grand Seigniors Horse treads ; nor doth the People thrive where the Noble-men inhabit● But here every Tenant was a Gentleman , and every Gentleman my Lords Companion : such his Civility cowards the one , and great penny worths to the other . Noblemen in those days esteemed the love of their Neighbours more than their fear , and the service and fealty of their Tenants more than their money . Now the Landlord hath the sweat of the Tenants brow in his Coffers , then he had the best blood in his Veins at his command . That grand word , On mine Honour , was security enough for a Kingdome , and the onely Asseveration he used . It was his priviledge , that he need not swear for a testimony ; and his renown , that he would not for his honour . Great was this Families esteem with the people , and eminent their favour with their Soveraigns ; as which ever bestowed it self in obliging their Liege-people , improving their interest , and supporting their Throne : for though they were a long time great Kings of Man and Hearts , yet were they as long faithfull subjects to England . Observations on the Life of Sir William Fi●z-Williams . A Childe of Fortune from his Cradle , made u● of confidence and reputation : never unwarily shewing his Vertue or Worth to the world with any disadvantage . When Britain had as little sleepiness and sloath as night , when it was all day , and all activity ; He , as all young Sparks of that Age , trailed a Pike in the Netherlands , ( the Seminary of the English Soldiery , and the School of Europes Discipline ) as a Souldier , and travelled as a Gentleman ; until that place graced him civilly with a Command , which he had honoured eminently with his service . His friends checked him for undertaking an Employment so boysterous ; and he replyed upon them , That it was as necessary as it seemed irregular : for if some were not Souldiers , all must be so . He said , He never durst venture on War with men , till he had made his Peace with God : A good Conscience breeds great Resolutions , and the innocent Soul is impregnable : None more fearful of doing evil , none more resolved to suffer : there being no hardship that he would avoid , no undecency that he would allow . Strict he was to his Commission , and yet observant of his advantage : never tempting a danger , never flying it : careful of his first life and himself , but more of his other and his name . When the methods of Obedience advanced him to the honour of commanding , six things he was Chronicled for . 1. Never making the Aged , the Young , or the Weak , the Objects of his Rage , which could not be so of his Fear . 2. That he never basely killed in cold blood , them that had nobly escaped his Sword in hot . 3. That he never led the Souldiers without p●y , or quartered in the Country without money . 4. That though he was second to none that acted in War , such his Valour ! yet he was the first that spake for Peace , such his sweet Disposition ! 5. That he would never suffer that a Clergy-man should be abused , a Church violated , or the Dead be unburied . 6. That he would never force an Enemy to a necessity : always saying , Let us disarm them of their best Weapons , Despair : nor fight an Enemy before he had skirmished him , nor undertake a designe before he consulted his God , his Council , his Friends , his Map and his History . His own Abilities commended , and his alliance with Sir Henry Sidney Lord Deputy , whose Sister he married , promoted him to the government of Ireland . Once did the Queen send him thither for his Brothers sake , four times more for his own sake ; a sufficient evidence ( saith my Friend ) of his Ability and Integrity , since Princes never trust twice , where they are once deceived in a Minister of State. He kept up his Mistress●s Interest , and she his Authority ; enjoying the Earl of Essex , so much above him in honour , to truckle under him in Commission when Governour of vlster , and he Lord Deputy of Ireland . Defend me , said Luther to the Duke of Saxony , with your Sword , and I will defend you with my Pen. Maintain my Power , saith the Minister of State to his Soveraign , and I will support your Majesty . Two things he did for the settlement of that Kingdome : 1. He raised a Composition in Munster . 2. He established the Possessions of the Lords and Tenants in Monahan . Severe he was always against the Spanish Faction , but very vigilant in — 88 , when the dispersed Armado did look , but durst not land in Ireland , except driven by Tempest , and then finding the shore worse than the Sea. But Leicester dieth , and he fails ; when his Sun was set , it was presently night with him . Yra la soga con el Calderon ; where goeth the Bucket , there goeth the Rope ; where the Principal miscarrieth , all the Dependants fall with him : as our r●nowned Knight , who died where he was born , ( there is a Circulation of all things to their Original ) at Milton in Northamptonshire , 1594. Observations on the Life of the Earl of Pembroke . AN excellent man , and one that fashioned his own Fortune : His Disposition got favour , and his Prudence wealth , ( the first to grace the second , and the second to support the first ) under King Henry the eighth , whose Brother-in-law he was by his wife , and Chamberlain by his place . When others were distracted with Factions in King Edwards Reign , he was intent upon his Interest , ( leaning ( as he said ) on both sides the stairs to get up ) for his service , being promoted to the master of the Horses place ; for his relation to the Queen-mother , to the Order of St. George ; and in his own Right , to the Barony of Caerdiffe , and the Earldome of Pembroke . Under Queen Mary his Popularity was very serviceable when General against Wiat ; his Authority useful , when President of Wales ; and his Vigilancy remarkable , when Governour of Calice ; And under Q●een Elizabeth , for his Fidelity and ancient Honesty he was made great master of the Houshold . But herein he failed , That being more intent upon the future state of the Kingdome under the succession , than his own under the present Soveraign , he was cajoled by Leicester to promote the Queen of Scots match with Norfolk so far , ( neither with an ill will , ( saith the Annalist ) nor a bad intent ) as to lose his own favour with the Queen of England , who discovered those things after his death that made him weary of his life● which was an Instance of my Lord Bacons Rule , That ancient Nobility is more innocent , though not so active as the young one ; this more vertuous , but not so plain as that ; there being rarely any rising but by a commixture of good and evil Arts. He was richer in his Tenants hearts than their Rents : Alas ! what hath not that Nobleman , that hath an universal love from his Tenants ? who were observed to live better with their encouraged industry upon his Copyhold , than others by their secure sloath on their own Free-land . 2. His Chaplains , whose Merits were preferred freely and nobly to his excellent Livings , without any unworthy Gratuities to his Gehazi's or Servants , or any unbecoming Obligations to himself . 3. His Servants , whose youth had its Education in his Family , and Age its maintenance upon his Estate , which was favourably Let out to Tenants , and freely Leased to his Servants ; of whom he had a Train upon any occasion in his Family , and an Army in his Neighbourhood : an Army , I say , in his Neighbourhood ; ; not to enjealous his Prince , but to secure him ; as in Wiats case , when this King of Hearts would be by no means a Knave of Clubs . Observations on the Life of Sir Walter Mildmay . WAlter Mildmay , that upright and most advised man , was born at Chelmsford in Essex , where he was a younger-son to Thomas Mildmay , Esquire . He was bred in Christs-Colledge in Cambridge , where he did not ( as many young Gentlemen ) study onely in Complement , but seriously applyed himself to his Book . Under King Henry the eighth , and King Edward the sixth , he had a gainful Office in the Court of Augmentations : during the Reign of Queen Mary , he practised the Politick Precept , Bene vixit , qui bene latuit . No sooner came Queen Elizabeth to the Crown , but he was called to State-employment ; and it was not long before he was made Chancellour of the exchequer . It is observed , That the exchequer never fareth ill but under a good Prince ; such who out of Conscience will not oppress their People , whilst Tyrants pass not for that they squeeze out of their Subjects . Indeed Queen Elizabeth was very careful not to have her Coffers swelled with the Consumption of her Kingdome , and had conscientious Officers under her ; amongst whom , Sir Walter was a principal one . This Knight , sensible of Gods blessing on his estate , and knowing that , Omne beneficium requirit Officium , cast about to make his return to God. He began with his Benefactions to Christs-Colledge in Cambridge , onely to put his hand into practice : then his Bounty embraced the Generous Resolution , ( which the painful piety of St. Paul propounds to himself , viz. ) Not to build on another mans foundation , but on his own cost he erected a new Colledge in Cambridge by the name of Immanuel . A right godly Gentleman he was ; a good man , and a good Citizen ; though some of his back friends suggested to the Queen that he was a better Patriot than Subject : and he was over-popular in Parliaments , insomuch that his Life set sub nubecula , under a Cloud of a Royal Displeasure : yet was not the Cloud so great , but that the beams of his Innocence meeting those of the Queens Candour , had easily dispelled it , had he survived longer , as appeared by the great grief of the Queen , professed for the loss of so grave a Councellour , who leaving two Sons and three Daughters , died anno Domini 1589. This Gentleman being employed by vertue of his place to advance the Queens Treasure , did it industriously , faithfully , and conscionably , without wronging the Subject , being very tender of their P●iviledges ; insomuch that he complained in Parliament , That many Subsidies were granted , and no Grievances redressed : which words being represented to his disadvantage to the Queen , made her to disaffect him , setting in a Court-Cloud , but ( as he goeth on ) in the Sun-shine of his Country , and a clear Conscience , ( though a mans Conscience can be said no otherwise clear by his opposition to the Court , than a man is said to have a good heart when it is but a bold one . ) But coming to Court after he had founded his Colledge , the Queen told him , Sir Walter , I hear you have erected a Puritan foundation . No , Madam , said he , far be it from me to countenance any thing contrary to your established Laws : But I have set an A●orn ; which when it comes to be an Oak God alone knows what will be the fruit of it . Observations on the Life of Sir John Fortescue . AN upright and a knowing man , a great master of Greek and Latine , and Overseer of the Qu : Studies in both the Languages ; master of the Wardrobe , one whom she trusted with the Ornaments of her soul and body : succeeding Sir Walter Mildmay in his prudence and piety , and in his place of Chancellor and Under-treasurer of the exchequer . Two men Qu : Eliz would say out-did her expectation ; Fortescue for Integrity , and Walsingham for Subtlety , as Cambden writes , and Officious services . His and Rawleigh's failure was their design of Articling with K. Iames at his first coming , not so much ( say some in their behalf ) for himself , as for his followers , in regard of the known feud between the Nations . However , conditions unworthy of English Subjects to of●er , and below the K. of Great Britain to receive , who is to make no more terms for his Kingdome than for his Birth , The very solemn asking of the Peoples consent , which the Arch-Bishop of Canterbury in all the corners of the stage at a Coronation makes , importing no more than this ; Do you the people of England acknowledge , that this is the Person who is the Heir of the crown ? They being absolutely obliged to submit to the Government upon supposition that they absolutely believe that he is the King. He thought it not convenient to alter frames of Government , in complyance with the humours of people , which are to be managed by Government , not pleased ; for he said God changed not the order of the Government of the world to comply with mans defects , when he can by his Almighty power draw good out of their evils , and great Glory to himself out of the fall of others , as in nature he doth not fit the frame of things to the ugly nature of Monsters ; but the irregular shape of Monsters to the beauty of things , being of opinion , tha● we should thank our Governour , ( as the AEthiopian flaves do their Emperour when they are slashed ; and we should God when we are corrected ) for thinking of us : and having a care of us universal as that God hath of the world , whom they represent Rulers within their dominions , having much of the Character that God hath in the universe ; viz. That he is a Circle whose center is every where , and Circumference no where . Observations on the Life of Sir William Drury . SIr William Drury was born in Suffolk , where his Worshipful Family had long flourished at Haulsted . His name in Saxon soundeth a Pearl , to which he answered in the pretiousness of his disposition , clear and heard , innocent and valiant , and therefore valued deservedly by his Queen and Country . His youth was spent in the French Wars , his middle● Age in Scotland , and his old Age in Ireland . He was Knight-Marshal of Barwick , at what time the French had p●ss●ssed themselves of the Castle of Edenburgh , in the minority of King James . Queen Elizabe●h employed this Sir William with 1500 men to besiege the Castle ; which service he right worthily performed , reducing it within few days to the owner thereof . Anno 1575. he was appointed Lord President of Munster , whither he went with competent Forces , and executed impartial Iustice in despight of the opposers thereof . For as the Signe of Leo immediately precedeth Virgo and Libra in the Zodiack ; so I hope not that Innocency will 〈◊〉 protected , or Iustice administred in a barbarous Country , where power and strength do not first secure a passage unto them . But the Earl of Desmond opposed this good President , forbidding him to enter the County of Kerry , as a Palatinate peculiarly appropriated unto himself . Know by the way , as there were but four Palatinates in England , Chester , Lancaster , Durham and Ely , ( whereof the two former many years since were in effect invested in the Crown ) there were no fewer than eight Palatinates in Ireland , poss●ssed by their respective Dynasts claiming Regal Rights therein , to the great retarding of the absolute Conquest of that Kingdome . Amongst these , ( saith my Author ) Kerry became the Sanctuary of Sin , and Refuge of Rebels , as outlawed from any Iurisdiction . Sir William no whit terrified with the Earls threatning , and declaring that no place should be a priviledge to mischief , entred Kerry with a competent Train , and there dispenced Iustice to all persons , as occasion did require . Thus with seven-score men he safely forced his return through seven hundred of the Earls , who sought to surprize him . In the last year of his Life he was made Lord Deputy of Ireland ; and no doubt had performed much in his place , if not afflicted with constant sickness , the forerunner of his death , at Waterford , 1598. He was one of that Military Valour which the Lord Verulam wisheth about a Prince in troublesome times , that held a good esteem with the Populacy , and an exact correspondence with the noble ; whereby he united himself to each side by endearments , and divided them by distrust ; watching the slow motions of the people , that they should not be excited and spirited by the nobility ; and the ambition of the Great Ones , that it should not be befriended with the turbulency , or strengthened with the assistance of the Commonalty . One great Act well followed did his business with the natives , whom he sometimes indulged , ( giving their Discontents liberty to evaporate ) and with the strangers , whom he always awed . In those that were commended to his service , he observed two things : 1. That they were not advanced for their dependence , because they promote a Party : which he noted to be the first ground of Recommenda●ion : 2. Nor for their weakness , because they cannot hinder it ; which he remarked to be the second . Observations on the Life of Sir Thomas Smith . SIr Thomas Smith was born at * Saffro●-Walden in Essex , and b●ed in Queens Colledge in Cambridge ; where such his proficiency in Learning , that he was chosen out by Henry the eighth to be sent over , and to be brought up beyond the Seas . It was fashionable in that Age that pregnant Students were maintained on the cost of the State , to be Merchants for experience in Forreign Parts ; whence returning home with their gainful Adventurers , they were preferred according to the improvement of their time to Offices in their own Country . Well it were if this good old Custome were resumed : for if where God hath given five talents , men would give but pounds , I mean , encourage hopeful Abilities with hopeful maintenance , able persons would never be wanting , and poor men with great Parts would not be excluded the Line of Prefermen● . This Sir Thomas was first Servant and Favourite to the Duke of Somerset , and afterwards Secretary of State to Q●een Elizabeth , and a grand Benefactor to both Universities . Anno 1577 , when that excellent Act passed● whereby it was provided , That a third part of the Rent upon Leases made by Colledges , should be reserved in Corn , paying it either in k●nd or in money , after the rate of the best prices in Oxford or Cambridge - markets , the next Market-days before Michaelmas or our Lady-day● For the passing of this Act , Sir Thomas S●ith ●urprized the House ; and whereas many conceived not the difference between the payment of Rents in Corn or money , the knowing Patriot took the advantage of the presen● cheap year , knowing that hereaft●r Grain would grow dearer , Mankinde dayly multiplying , and License being lately given for Transportation ; so that now when the Universities have least Corn , they have most Bread. What his foresight did now for the Universi●y , his reach did the first year of Q. Eliz. for the Kingdome : for the first sitting of her Councel he advised twelve most important things for the publick safety . 1. That the Ports should be shu● . 2. That the Tower of London should be secured good hands . 3. That the Deputy of Ireland's Commi●●●on should be renewed and enlarged . 4. That all Officers should act . 5. That no new Office should be bestowed in a moneth . 6. Th●t Ministers should meddle with no Controversies . 7. That Embassadors should be sent to Forreign Princes . 8. That no Coyn should be transported beyond Sea. 9. That no person of quality should travel for six weeks . 10. That the Trai●-bands should be mustered . 11. That Ireland , the Borders , and the Seas , should be provided for . 12. And that the dissenting Nobility and Clergy should be wa●ched and secured . Adding withal a Paper for the Reading of the Epistle , the Gospel , and the Commandments in the English tongue , to encourag● the Protestants expectation , and allay the Papists fear . In the same Proclamation that he drew up , the Sacrament of the Altar was to be reverenc●d , and yet the Communion to be administred in both kinds , He advised a Disputation with the Papists one day , ( knowing that they could not dispute without leave from the Pope , and so would disparage the●r Cause ; yet they could not say but they might dispute for the Queen , and so satisfie the People ) and is one of the * ●ive Councellours to whom the D●signe of the Reformation is opened , and one of the * eight to whom the management of it was intrusted . There you might see him a Leading man among the States-men , here most eminent among Divines ; at once the most knowing and pious man of that Age. As his Industry was taken up with the establishment of our Affairs at home , so his Watchfulness ( upon Sir Edward Carnees deposition of his Embassie ) was intent upon the plot of France and Rome abroad : in the first of which places he made a Secretary his own , and in the second a Cup-bearer . At the Treaty of Cambray my Lord Howard of Effingham , the Lord Chamberlain , and he , brought the King of Spain to the English side in the business of Calice : 1. That France might be weakened : 2. That his Netherlands might be secured : 3. That the Queen his Sweet-heart might be obliged , until he discovered Queen Elizabeths averseness to the marriage : whereupon had it not been for the Viscount Mountacute ( who was not so much a Papist as to forget that he was an ●nglish-man ) and Sir Thomas , the Spaniard had stoln over Catharine Grey , Queen Elizabeths Neece , for a pretence to the Crown , as the French had the Queen of Scots her Cozen. After which , he and Sir William Cecil advised her Majesty to that private Treaty apart , without the Spaniard , which was concluded 1559● as much to the honour of England , now no longer to truckle under Spain , as its interest , no longer in danger from France . Sir Nicholas Throgmorton was the metal in these Treaties , and Sir Thomas Smith the Allay : the ones mildness being to mitigate that animosity which the others harshness had begot ; and the others spirit to recover those advantages which this mans easiness had yielded . Yet he shewed himself as much a man in demanding , as Sir William Cheyney in gaining Calice ; replying smartly upon Chancellour Hospitals Discourse of ancient Right , the late * Treaty ; and upon Montmorency's Harangue of Fears , Conscience . Pitying the neglected state of Ireland , he obtained a Colony to be planted under his base Son in the East-Coast of Vlster , called Ardes , at once to civilize and secure that place . So eminent was this Gentleman for his Learning , that he was at once Steward of the Stannaries , Dean of Carlisle , and Provost of Eaton in King Edward's time , and had a Pens●on ( on condition he went not beyond Sea , so considerable he was ) in Queen Mary's . Well he deserved of the Commonwealth of Learning by his Books ; 1. Of the commonwealth of England , 2. Of the Orthography of the English Tongue , and o● the Pronunciation of Greek ; and 3. an exact Commentary of matters , saith Mr. Cambden , worthy to be published . Observations on the Lives of Doctor Dale , the Lord North , Sir Thomas Randolph . I Put these Gentlemen together in my Observations , because I finde them so in their Employments : the one Agent , the other Leiger , and the third extraordinary Embassador in France ; the first was to manage our Intelligence in those dark times , the second to urge our Interest in those troublesome days , and the third to represent our Grandeur . No man understood the French correspondence with the Scots better than Sir Thomas Randolph , who spent his active life between those Kingdomes : none knew better our Concerns in France and Spain than Valentine Dale , who had now seen six Treaties ; in the first three whereof he had been Secretary , and in the last a Commissioner : None fitter to represent our state than my Lord North , who had b●en two years in Walsinghams house , four in L●●cesters ●e●v●ce ; had seen six Courts , twenty Bat●les , nine Treaties , and four solemn Justs ; whereof he was no mean part , as a reserved man , a valiant Souldier , and a Courtly Person . So ●ly wa● Dale , that he had a servant always attending the Q●een-mother of France , the Queen of Scots , and the King of Navarre : so watch●ul Sir Thomas Randolph , that the same day he sent our Agent in Scotland notice of a d●signe to carry over the young King , and depose the Regent , he advised our Queen of a match between the King of Scot's Uncle and the Countess of Shrewsbury's Daughter ; and gave the Earl of Huntington , then President of the North , t●ose secret instructions touching that matter , that ( as my Lord Burleigh would often acknowledge ) secured that Coast. My L. North watched the successes of France , Dr. Dale their Leagues ; and both took care that the P●ince of Orange did not throw himself upon the Protection of France , always a dangerous Neighbour , but with that accession a dreadful one . Sir Iohn Horsey in Holland proposed much , but did nothing : Sir Thomas Randolph in France performed much , and said nothing : yet both with Dr. Dales assistance made France and Spain the scales in the balance of Europe , and England the tongue or holder of the balance , while they held the Spaniard in play in the Netherlands , watched the French Borders , and kept constant Agents with Orange and Don Iohn . Neither was Sir Thomas ●ess in Scotland than in France , where he betakes himself first to resolution in his Protestation , and then to cunning in his Negotiations encouraging M●rton on the one hand , and amusing Lenox on the other : ●eeping fair weather with the young King , and yet practising with Marre and Anguse . Nothing plausible indeed , saith Cambden , was he with the wi●e , though youthful King Iames ; yet very dexterous in Scotish humours , and very prudent in the northern Affairs ; very well seen in those interests , and as successful in those negotiations ; witness the first and advantageous League 1586. Video & rideo , is Gods Motto upon Affronts ; Video & Taceo , was Queen Elizabeths ; Video nec vident , was Sir Thomas Randolphs . These three men treated with the Spaniard near Ostend for peace , while the Spaniard prepared himself on our Coast for Wa● . So much did Sir Iames Crofts his affection for peace exceed his judgement of his Instruction , that he would needs steal over to Brussels to make it , with no less commendation for the prudent Articles he proposed , t●a● censure for the hazard he incurred in the Proposal . So equal and even did old Dale carry himself , that the Duke of Parma saw in his Answers is the English spirit , and therefore ( saith my Author ) durst not try that Valour in a nation , which he was so afraid of in a single person ; That he had no more to say to the old Gentleman , than onel● thi● , These things are in the hand of the Almighty . None mo●e inward with other men than Sir Francis Walsingham , none more inward with him than Sir Thomas Randolph : well studied he was in Iustinians Code , better in Machiavels Discourses ; both when a ●earned student of Christ-church , and a worthy P●incipal of Broadgates : three therefore was he an Embassadour to the Lords of Scotland in a commotion ; thrice to Queen Mary in times of peace ; seven times to Iames the sixth of Scotland for a good understanding ; and thrice to Basilides Emperour of Russia for Trade : Once to Charles the ninth King of France , to discover his designe upon Scotland ; and once to Henry the third , to open a Conspiracy of his su●j●cts against him : Great services these , but meanly rewarded ; the serviceable , but moderate and modest man , ( though he had as many children at home as he had performed Embassies abroad ) being contented with the Chamberlainship of the Exch●quer , and the Postermasters place ; the first but a name , and the second then but a noise : to which were added some small Farms , wherein he enjoyed the peace and innocence of a quiet and retired Life ; a Life , which upon the reflexions of a tender Conscience , he wished a great while , as appears by his Letters to his dear Walsingham , wherein he writes , How worthy , yea , how necessary a thing it was , that they should at length bid Farewel to the snares , he of a S●cretary , and himself of an Embassadour ; and should both of them set their mindes upon their Heavenly Country ; and by Repenting , ask Mercy of GOD. O●servations on the Life of Sir Amias Poulet . SIr Ami●s Poulet , born at Hinton St. George in Summerse●shire , Son to Sir Hugh , and Grandchild to S●r * Amias Powlet , was Chancellour of the Garter , Governour of the Isles of Iersey and Gernsey , and Privy-Councellour to Queen Elizabeth . He was so faithful and trusty , that the Queen committed the keeping of Mary Queen of Scots to his custody , which he discharged with great fidelity . As Caesar would have his Wife , so he his spirit , above the very suspicion of unworthiness ; equally consulting his Fame and his Conscience . When he performed his last Embassie , with no less satisfaction to the King of France , than honour to the Queen of England , ( at once with a good humour and a great state ) he would not accept a Chain ( and all Gifts are Chains ) from that King by any means , until he was a League from Paris : then he took it , because he would oblige that Prince : and not till then , because he would not be obliged by any but his Soveraign , saying , I will wear no chains but my Mistresses . It is the interest of Princes , that their Servants Fortune should be above the temptation ; it is their happiness , that their Spirits are above the respects of a private concern . Observations on the Lives of Sir James Crofts● John Grey of Pyrgo , Sir Henry Gates . EMblems of honour derived from Ancestors , are but rotten Rags , where ignoble posterity degenerates from their Progenitors : but they are both glorious and precious where the children both answer and exceed the Vertues of their extraction ; as in these three Gentlemen , whose Ancestors fill both Pages of former Kings Chronicles , as they do the Annals of Queen Elizabeth : Three Gentlemen whom it's pity to part in their Memoires , since they were always together in their Employments . All three were like to die in Q●een Mary's days for the prosession of the Protestan● Religion , all three spending their Lives in Queen Elizabeth's for the propagation of it : 1. Sir Henry Gates lying in Rome as a Spy , under the Notion of Cardinal Florido's Secretary , six years ; Iohn Grey drawing up the whole Proceedings and Methods of the Reformation for ten years ; and Sir Iames Crofts being either the vigilant and active Governour of Berwick , or the prudent and successful Commissioner in Scotland for seven years . When the French threatned us by the way of Scotland , the Earl of Northumberland was sent Northward for his interest , as Warden of the middle March ; Sir Ralph Sadler for his wisdome , as his Assi●tant and Councellour ; and Sir Iames Crofts for his Conduct , as both their Guide and Director-general . An estate in the Purse , credits the Court ; wisdome in the Head , adorneth it ; but both in the Hand , serve it . Nobly did he and Cuthbert Vaughan beat the French that sallied out of Edinburgh into their Trenches , but unhappily stood he an idle Spectator in his quarter the next Scalado , while the E●glish are overthrown , and the Duke writes of his infidelity to the Queen , who discharged him from his place , though not from her favour : for in stead of the more troublesome place , the Government of Berwick , she conferred on him that more honourable , the Controllership of h●r Houshold . Great service did his Valour at Hadington in Scotland against the French , greater his prudence in Vlster against the Spaniards . Al●hough his merit made his honour due to him , and his Blood becoming : though his Cares , Travels and Dangers de●erved pity ; his quiet and meek Nature love : though he rise by wary degrees , and so was unobserved ; and stood not insolently when up , and so was not obnoxious : yet ●nvy reflected as hot upon him as the Sun upon the rising ground , which stands firm though it doth not flourish , as this Gentleman 's resolved honesty did ; overcoming Court-envy with a solid worth ; waxing old at once in years and reverence , and dying ( as the Chronicle wherein he dieth not but with Time , reports it ) in good favour with his Prince , and sound reputation with all men , for three infallible sources of Honour : 1. That he aimed at Merit more than Fame : 2. That he was not a Follower , but an Example in great Actions : and , 3. That he assisted in the three great concerns of Government . 1. in Laws , 2. in Arms , and 3. in Councils . In AEsop there is a slight Fable of a deep moral : it is this : Two Frogs consulted together in the time of Drowth ( when many plashes that they had repaired to were dry ) what was to be done ; and the one propounded to go down into a deep well , because it was like the water would not fail there ; but the other answered , Yea , but if it do fail , how shall we get up again ? Mr. Grey would Nod , and say , Humain affairs are so uncertain , that he seemeth the wisest man , not who hath a spirit to go on , but who hath a wariness to come off : and that seems the best course , that hath most passages out of it . Sir Iames Crofts on the other hand hated that irresolution that would do nothing , because it may be at liberty to do any thing . Indeed saith one , Necessity hath many times an advantage , because it awaketh the powers of the minde and strengtheneth Endeavour . Sir Iames Crofts was an equal Composition of both ; as one that had one fixed eye on his Action , and another indifferent one on his retreat . Observations on the Life of William Lord Grey of Wilton . THat great Souldier and good Christian , in whom Religion was not a softness , ( as Machiavil discoursed ) but a resolution . Hannibal was sworn an Enemy to Rome at nine years of Age , and my Lord bred one to France at fourteen . Scipio's first service was the rescue of his Father in Italy , and my Lord Grey's was the safety of his Father in Germany . He had Fabius his slow way , and long reach , with Herennius his fine polices , and neat Ambuscadoes ; having his two Companions always by him , his Map and his Guide : the first whereof discovered to him his more obvious advantages , and the second his more close dangers . His great Conduct won h●m much esteem with those that heard of him , and his greater presence more with those that ●aw him . O●servable his Civility to Strangers , eminent his Bounty to his Followers ; obliging his Carriage in the Countries he marched through , and expe●t his Skill in Wars , whose end he said was Victory , and the end of Victory Nobleness , made up of pity and munificence . It lost him his estate to redeem himself in France , and his life to bear up hi● R●putation in Berwick . H●ving lived to all the great purposes of life but Self-interest : he died 1563 , that fatal year ; no less to the publick sor●ow of England which he secured , than the common joy of Scotland , which he awed . Then it was said , That the same day died the greatest Scholar , and the greatest Souldier of the Nobility ; the right honourable Henry Mannors E●rl of Rutland in his Gown , and the honourable Lord Grey in his Armour ; both , as the Q●een said of them , Worthies that had deserved well of the Commonwealth by their Wisdome , Councel , Integrity and Courage . Two things my Lord always avoided : the first , To give many Reasons for one thing ; the heaping of Arguments arguing a neediness in every of the Arguments by its sel● ; as if one did not trust any ●f them , bu● fled from one to a●o●her , helping himself still wi●h the last . The second , To bre●k a n●go●iation to too many distinct particul●rs , or to couch it in too compact generals : by the first whereof we give the parties we d●al with an opportunity to look down to the bottom of our business ; and by the second , to look round to the compass of it . Happy are those Souls that command themselves so far , that they are equally free to full and half discoveries of themselves , always ready and pliable to the present occasion . Not much regarded was this gallant spirit when alive , but much m●ssed when dead ; we understand what we want , better than what we enjoy ; and the beauty of worthy things is not in the face , but the back-side , endearing more by their departure than their address . Observations on the Life of Edmund Plowden . EDmund Plowden was born at Plowden in Shropshire ; one who ●xcellently dese●ved of our Municipal Law in h●s learned Writings thereon . A plodding and a studious man ; and no wonder if knowing and able : Beams in reflexion are hottest , and the Soul becomes wise by looking into its self . But see the man in his Epitaph ● Conditur in hoc Tumulo corpus Edmundi Plowden Armigeri . Claris ortus Parentibus , apud Plowden in Comitatu Salop , natus est ; à pueritia in literarum Studio liberaliter ●st educatus , in Provectiore vero aetate Legibus , & Iurisprudentiae operam dedit . Senex jam factus , & annum aetatis suae agens 67. Mundo Valedicens , in Christo Iesu Sancte obdormivit , die Sexto Mensis Februar . Anno Domini 1585. I have the rather inserted this Epitaph inscribed on his Monument on the North-side of the East-end of the Quire of semple-Church in London , because it ●ath ●●cape● ( but by what c●sualty I cannot conjecture ) Maste● Stow in his Survey of London . We must adde a few words out of the Character Mr. Cambden gives of him : Vitae integritate inter homines suae professionis nulli secundum . As he was singularly well learned in the Common laws of England , whereof he deserved well by wri●ing ; so for integrity of life he was second to none o● his profession . And how excellent a m●dley is made , when Honesty and Ability meet in a man of his profession ! Nor must we forget how he was T●easurer for the honourable Society of the middle-Temple , Anno 1572 , when their magnific●nt Hall was builded ; he being a great advancer thereof . Finding the Coyn embased by Henry the eighth , so many ways prejudicial to this State , as that which first dishonoured us abroad ; secondly , gave way to the frauds of Coyners at home , who exchanged the best Commodities of the land for base moneys , and exported the current moneys into Forreign parts ; and thirdly , enhansed the prizes of all things vendible , to the great loss of all Stipendiaries : He offered , 1● That no man should melt any Metal , or export it : 2. That the Brass money should be reduced to its just value : 3. That it should be bought for good ; by which silent and just methods , that defect of our Government for many years was remedied in few moneths , without any noise , or ( what is proper to alterations of this nature ) discontent . The middle Region of the Air is coolest , as most distant from the direct beams that warm the highest , and the reflexed that heat the lowest : the mean man , that is as much below the favour of the Court , as above the business of the Country , was in our Judges opinion the most happy and composed man ; this being the utmost of a knowing mans wish in England , That he were as much out of the reach of contempt , as to be above a Constable ; and as much out of the compass of trouble , as to be below a Justice . A Mean is the ut●ost that can be prescribed either of Vertue or Bliss , as in ou● Actions , so in our State. Great was the Capacity , and good the Inclination of this man● large the Furniture , and happy the Culture of his Soul ; grave his meen , and stately his Behaviour ; well-regulated his Affections , and allayed his passions ; well-principled his Mind , and well-set his Spirit ; sol●d his Observation , working and practical his Judgement : and as that Roman Heroe was more eminent whose image was missing , than all the rest whose Portraictures were set up ; so this accomplished Gentleman is more observable because he was not a States-man , than some of those that were so . There is a glory in the obscurity of worthy men , who as that Sun ( which they equal as well in common influence as lustre ) are most looked on when eclipsed . Observations on the Life of Sir Roge● Manwood . SIr Roger Manwood born at Sandwich in Kent , a●tained to such eminency in the Common Law , that he was prefe●red second Justice of the Common Pleas by Q●een Elizabeth ; which place he discha●ged with so much Ability and Integrity , that not long after he was made chief Baron of the Exchequer ; which Office he most wisely managed , to his great commendation , full fourteen years , to the ●ay of his death . Much was he employed in matters of State , and was one of the Commissione●s who sate on the tryal of the Qu●en of Scots . He wrote a Book on the Forest-Laws , which is highly prized by men of his pro●ession . In vaca●ion-time he constantly inhabited at St. Stephens in Canterbury , and was bounteously liberal to the poor Inhabitants thereof : and so charitable was he , that he erected and endowed a fair Fre●-school at Sandwich , dying in the 35 of Queen Elizabeth , anno Dom. 1593. Cloaths for necessity , warm Cloaths for health , cleanly for decency , lasting for st●e●gth , was his Maxime and P●actice , who kept a State in decent plainness ; insomuch that Que●n Elizabeth called him her Good-man-Judge . In Davison's Case , Mildmay cleared the man of malice , but taxed him with unskilfulness and rashness : Lumley said he was an ingenious and an honest man , but presumptuous . I will ever esteem him an honest and good man , said Grey . The Archbishop of Canterbury approved the fact , commended the man , but disallowed of the manner and form of his proceedings . Manwood made a narrative of the Queen of Scots proceedings , confirmed the sentence against her , extolled the Queens clemency , pitied Davison and fined him 10000 l. A man he was of a pale constitution , but a clear , even , and smooth temper ; of a pretty solid consistence , equally sanguine and flegmatique : of a quiet soul , and serene affections : of a discreet sweetness , and moderate manners ; slow in passion , and quick enough in apprehension ; wary in new points , and very fixed and judicious in the old . A plausible , insinuating , and fortunate man ; the Idea of a wise man ; having ) what that elegant Educator wisheth ) that great habit which is nothing else but a promptness and plentifulness in the store-house of the mind , of clear imaginations well-fixed : which was promised in his erect and forward stature , his large breast , his round and capacious forehead , his curious and ob●erving eye , ( the clear and smart argument of his clearer and quicker soul , which owed a liveliness equally far from volatileness and stupidity ) his steady attention and his solid memory , together with what is most considerable , a grand Inclination to imitate and excel . What Plutarch saith of Timoleon with reference to Epaminond , that we may say of th●s gentleman , That his Life and Actions are like Homer's Verses , smooth and flowing , equal and happy : especially in the two grand Embelish●ents of our Nature , Friendship and Charity . 1. Friendship , that sacred thing whereof he was a passionate Lover , and an exact Observer , promoting it among all men he conserved with . Surely there is not that Content on Earth like the Union of minds and Interests , whereby we enjoy our selves by reflexion in our Friend ; it being the most dreadful Solitude and Wildness of Nature , to be friendless . But his Friendship was a contracted beam to that S●n of Charity , that blessed all about him . His Salary was not more fixed than his Charity ; He and the poor had one Revenue , one Quarter-day : Instead of hiding his face from the poor , it was his practice to seek for them ; laying out by Trustees for Pensioners , either hopeful or indigent , whereof he had a Catalogue that made the b●st Comment upon that Text , The liberal man deviseth liberal things . This is the best Conveyance that ever Lawyer made , To have and to hold to him and his Heirs for ever . Observations on the Life of Sir Christopher Wray . SIr Christopher Wray was born in the spacious Parish of Bedal , the main motive which made his Daughter Francis , Countess of Warwick , scatter her Benefactions the thicker in that place . He was bred in the study of our Municipal Law ; and such his proficiency therein , that in the sixteenth of Queen Elizabeth , in Michaelmas . Term● he was made Lord Chief Justice of the Kings Bench. He was not like that Iudge , who feared neither God nor man , but onely one Widow , ( left her importunity should weary him ; ) but heartily feared God in his religious Conversation . Each man he respected with his due distance off of the B●nch , and no man on it to byass his Judgement . He was pro tempore , Lord Privv Seal , and sat Chief in the Court when Secretary Davison was sentenced in the Star-Chamber . Sir Christopher collecting the censures of all the Commissioners , concurred to Fine him : but with this comfortable conclusion , That , as it was in the Queens Power to have him punished so● Her Highness might be prevailed with for mitigating or r●mitting of the Fine : and this our J●dge may be presumed no ill Instrument in the procuring thereof . He bountifully reflected on Magdalen-Colledg● in Cambridge ; which I●fant-foundation had otherwise been starved at Nurse for want of maintenance . We know who saith , The righteous man leaveth an inheritance to his childrens children , and the well-thriving of his third Generation may be an evidence of his well-gotten Goods . This worthy Judge died May the eighth , in the thirty fourth of Q●een Elizabeth . When Judge Mounson and Mr. Dalton urged in Stubs his Case , ( that Writ against Queen Elizabeth's marriage with the D●ke of Anjon ) That the Act of Philip and Mary against the Authors and sowers of seditious Writings was mistimed , and that it died with Q●een Mary ; my Lord Chief Justice Wray , upon whom the Queen relied in that case , shewed there was no mistaking in the noting of the time ; and proved by the words of th● Act , that the Act was made against those which should violate the King by seditious writing● and that the King of England never dieth : yea , that that Act was renewed anno primo Eliz. during the life of her and the heirs of her body . Five Particulars I have heard old men say he was choice in : 1. His Friend , which was always wise and equal ; 2. His Wife ; 3. His Book ; 4. His Secret ; 5. His Expression and Garb. By four things he would say an Estate was kept : 1. By understanding it : 2. By spending not until it comes ; 3. By keeping old servants ; 4. By a Quarterly Audit. The properties of Infancy , is Innocence ; o● Childhood , Reverence ; of Manhood , Maturity ; and of Old Age , Wisdome : Wisdome ! that in this grave person acted all its brave parts ; i. e. was mindful of what is p●st , observant of things pr●sent , and provident for things to come . No better instance whereof need be alledged than his pathetick Discour●es in the behalf of those two great Stays of this Kingdome , Husbandry and Merchandize : for he had a clear discerning Judgement , and that not onely in points o● Law , which yet his Arguments and Decisions in that profession manifest without dispute ; but in matters of Policy and Government , wherein his Guess was usually as near Prophecy as any mans : as also in the little mysteries of private manage , by which upon occasion he hath unravel●ed the studied cheats and intrigues of the Closet-men : to which when you adde his happy faculty of communicating himself , by a free and graceful elocution , to charm and command his Audience , assisted by the attractive dignity of his presence , you will not admire that he managed his Justiceship with so much satisfaction to the Court , and that he left it with so much applause from the Country : for these two Peculiarities he had . That none was more tender to the Poor , or more civil in p●ivate ; and ye● none more stern to the Rich , I mean Justices of Peace , Officers , &c. or more s●vere in publick . He desighted indeed to be loved ; not reverenced : yet knew he very well how to assert the Dignity of his place and function from the Approaches of Contempt . Observations on the Life of the Earl of Worcester . THe Lord of Worcester , ( as no mean Favourite ) was of the ancient and noble blood of the Beauforts , and of the Queens Grandfathers line by the Mother ; which she could never forget , especially where there was a concurrency of old Blood with Fidelity , a mixture which ever sorted with the Queens Nature . He was first made Master of the horse , and then admitted of her Council of State. In his Youth ( part whereof he spent before he came to reside at Court ) he was a very fine Gentleman , and the best Horse-man and Tilter of the Times , which were then the manlike and noble recreations of the Court : and when years had abated these exercises of honour , he grew then to be a faithful and profound Counsellour . He was the last Liver of all the Servants of her favour , and had the honour to see his renowned Mistress , and all of them laid in the places of their rest ; and for himself , after a life of a very noble and remarkable reputation , he died in a peaceable Old Age , full of Riches and Honour . His Fathers temperance reached to 97● ye●r● of Age , because he never eat but one Meal a day ; and his sparingness attained to 84 , because he never eat but of one dish . He came to the Queens favour , because as her Father so she loved a man ; he kept in , because as her Father too so she loved an able man. His manlike Recreations commended him to the Ladies , his prudent Atchievements to the Lords . He was made master of the horse because active , and privy Councellour because wise : His mistress excused his Faith , which was popis● ; but honoured his Faithfulness , which was Roman ; it being her usual speech , that my Lord of Worcester had reconciled what she thought inconsistent , a stiff Papist to a good subject . His Religion was not pompous , but solid● not the shew of his life , but the comfort of his soul. A great master he was of others affections , and greater of his own passions : many things displeased , nothing angered my Lord of Worcester , whose maxime was , That he would not be disordered within himself , onely because things were out of order without him : He had this maxime whence he had his Nature , from his prudent Father Sir Charles Somerset , the first Earl of Worcester of that name , whose temper was so pliable , and nature so peaceable , that being a●ked ( as it is usually reported of him ) How he passed so troublesome a Reign as King Henry's , so uncertain as King Edward's , so fierce as Queen Mary's , and so unexpected as Queen Elizabeth's , with so quiet , so fixed , so smooth , so resolved and ready a mind and frame ? answered , It was because he understood the Interest of the Kingdome , while others observed its Humours . His first publick service was to represent the Grandeur of his mistress at this Christening of the Daulphine of France , and his last the like at the marr●age of the King of Scots , whom he honoured with the Garter from his Mistress , and advised to beware of Papists from the Council . The frame of this noble mans body , ( as it is delineated by Sir W. P. ) seems suited to the noble use it was designed for , The entertaining of a mos● pure and active soul ; but eq●ally to the advantage of strength and comeliness , befriended with all proportionate Dimensions , and a most grave , yet obliging Carriage . There was a clear sprightfulness in his Complexion , but a s●d reservedness in his nature ; both making up that blessed composi●ion of a wise and winning man , of as great hardship of body , as nobleness of spirit . Of a quick sight , and an accurate Ear ; a steady observation , and ready expression : with the Torrent whereof he at once pleased King Iames , and amazed King Henry , being the most natural Orator in the world . Among all which Endowments , I had almost forgot his memory , that was very faithful to him in things and business , though not punctilio's and formalities : Great parts he had , the range and compass whereof filled the whole circle of generous Learning in that person , as it hath done in the following Heroes of that Family to this day . Observations on the Life of Sir Henry Killigrew . TRavellours report , That the place wherein the body of Absalom was buried is still extant at Ierusalem , and that it is a solemn custome of Pilgrims passing by it to cast a stone on the place : but a well-disposed man can hardly go by the memory of this worthy person without doing grateful homage thereunto , in bestowing upon him one or two of our Observations . It 's a question sometimes whether Diamond gives more lustre to the Ring it 's set in , or the Ring to the Diamond : This Gentleman received honour from his Family , and gave renown to it . Writing is the character of the speech , as that is of the mind . From Tully ( whose Orations he could repeat to his dying day ) he gained an even and apt stile , flowing at one and the self-same heighth . Tully's Offices , a Book which Boys read , and men understand , was so esteemed of my Lord Burleigh , that to his dying day he always carried it about him , either in his bosome or his pocket , as a compleat peice that , like Aristotle's Rhetorick , would make both a Scholar and an Honest man. Cicero's magnificent Orations against Anthony , Catiline and Verres ; Caesar's great Commentaries that he wrote with the same spirit that he fought ; flowing Livy ; grave , judicious and stately Tacitus ; elquent , but faithful Curtius ; brief and rich Salust , prudent and brave Xenophon , whose person was Themistocles his Companion , as his Book was Scipio Affricanus his Pattern in all his Wars ; ancient and sweet Herodotus ; sententious and observing Thucidides ; various and useful Polybius ; Siculus , Halicarn●sseus , Trogus , Orosius , Iustine , made up our young mans Retinue in all his Travels , where ( as Diodorus the Sicilian writes ) he sate on the stage of Humane Life , observing the great circumstances of places , persons , times , manners , occasions , &c. and was made wise by their example who have trod the path of errour and danger before him . To which he added that grave , weighty , and sweet Plutarch , whose Books ( said Gaza ) would furnish the world , were all others lost . Neither was he amazed in the Labyrinth of History , but guided by the Clue of Cosmography , hanging his Study with Maps , and his mind with exact Notices of each place . He made in one View a Judgement of the Situation , Int●rest , and Commodities ( for want whereof many States-men and Souldiers have * failed ) of Nations : but to understand the nature of places , is but a poor knowledge , unless we know how to improve them by Art ; therefore under the Figures of Triangles , Squares , Circles and Magnitudes : with their terms and bounds , he could contrive most tools and instruments , most Engines , and judge of Fortifications , Architecture , Ships , Wind and Water-works , and whatever might make this lower frame of things useful and serviceable to mankinde : which severer Studies he relieved with noble and free Poetry-aid , once the pleasure and advancement of the Soul , made by those higher motions of the minde more active and more la●ge . To which I adde her Sister musick , wherewith he revived his tired spirits , lengthened ( as he said ) his sickly days , opened his oppressed breast , eased his melancholy though● : graced his happy pronunciation , ordered and refined his irregular and gross inclination , fixed and quickned his floating and dead notions ; and by a secret , sweet and heavenly Vertue , raised his spirit , as he confessed , sometime to a little less than Angelical Exaltation . Curious he was to please his ear , and as exact to please his eye ; there being no Statues , Inscriptions or Coyns that the Vert●osi of Italy could shew , the Antiquaries of France could boast off , or the great Hoarder of Rarities the great Duke of Tuscany , ( whose antick Coyns are worth 100000 l. ) could pretend to , that he had not the view of . No man could draw any place or work better , none fancy and paint a Portraicture more lively ; being a Durer for proportion , a Goltzius for a bold touch , variety of posture , a curious and true shadow , an Angelo for his happy fancy , and an Holben for Oyl works . Neither was it a bare Ornament of Discourse , or naked Diversion of leisure time ; but a most weighty piece of knowledge that he could blazon most noble and ancient Coats , and thereby discern the relation , interest , and correspondence of great Families , and thereby the meaning and bottom of all transactions , and the most successful way of dealing with any one Family . His Exercises were such as his Employments were like to be , gentle and manlike , whereof the two most eminent were Riding and Shooting , that at once wholesomely stirred , and nobly knitted and strengthened his body . Two Eyes he sai● he travelled with ; the one of wariness upon himself , the other of observation upon others . This compleat Gentleman was Guardian to the young Brandon in his younger years● Agent for Sir Iohn Mason in King Edward the sixth's time , and the first Embassador for the State in Queen Elizabeths time . My Lord Cobham is to amuse the Spaniard , my Lord Effingham to undermine the French , and Sir Henry Killigrew is privately sent to engage ●he German Princes against Austria in point of Interest , and for her Majesty in point of Religion : he had a humour that bewitched the Elector of Bavaria , a Carriage that awed him of Mentz , a Reputation that obliged them of Colen and Hydelbergh , and that reach and fluency in Discourse that won them all . He assisted the Lords Hunsdon and Howard at the Treaty with France in London , and my Lord of Essex in the War for France in Britain . Neither was he less observable for his own Conduct than for that of others , whose severe thoughts , words and carriage so awed his inferiour faculties , as to restrain him through all the heats of youth , made more than usually importunate by the full vigour of a high and sanguine Constitution ; insomuch that they say he looked upon all the approaches to that sin , then so familiar to his calling as a Souldier , his quality as a Gentleman , and his Station as a Courtier , not onely with an utter disallowance in his judgement , but with a natural abhorrency and antipathy in his very lower inclinations . To which happiness it conduced not a little , that though he had a good , yet he had a restrained appetite ( a Knife upon his Throat as well as upon his Trencher ) that indulged it self neither frequent nor delicate entertainment ; its meals , though but once a day , being its pressures ; and it s fast , its only sensualitie● : to which temperance in diet , adde but that in sleep , together with his disposal of himself throughout his life to industry and diligence● you will say he was a spotless man , whose life taught us this Lesson , ( which if observed , would accomplish mankinde ; and which King Charles the fi●st would inculcate to noble Travellers , and Dr. Hammond to all men ) To be furnished always with something to do : A Lesson they proposed as the best expedient for Innocence and pleasure ; the foresaid blessed man assuring his happy hea●ers , That no burthen is more heavy , or temptation more dangerous , than to have time lie on ones hand : the idle man being not onely ( as he worded it ) the Devils shop , but his kingdome too , a model of , and an appendage unto Hell , a place given up to torment and to mischief . Observations on the Life of Arthur Gray Baron of Wilton . ARthur Gray Baron of Wilton is justly r●ckoned amongst the Natives of Buckinghamshire , whos● Father had his habitation ( not at Wilton a decayed Castle in Hertfordshire , whence he took his Title , but ) at Waddon , a fair house of his Family not far from Buckingham . He succeeded to a small estate , much diminished on this sad occasion . His Father William Lord Gray being taken Prisoner in France , after long ineffectual solliciting to be ( because captivated in the publick service ) redeemed on the publick charge , at last was forced to ransome himself with the sale of the best part of his Patrimony . Our Arthur endeavoured to advance his estate by his Valour , being entred into Feats of War under his martial Father at the siege of Leith 1560 , where he was shot in the shoulder , which inspirited him with a constant antipathy against the Scots . He was afterwards sent over Lord Deputy into Ireland , anno 1580 ; where before he had received the Sword , or any emblems of command , ut acrioribus initiis terrorem incuteret , to fright his foes with fierce beginnings , he unfortunately fought the Rebels at Grandilough , to the great loss of English Blood. This made many commend his Courage above his Conduct , till he recovered his credit , and finally suppressed the Rebellion of Desmond . Returning into England , the Q●een chiefly relied on his counsel for ordering our Land-forces against the Spaniards in 88 , and fortifying places of advantage . The mention of that year ( critical in Churc●-differences about discipline at hom● , as well as with forreign force abroad ) mindeth me that this Lord was but a back-friend to Bishops ; and in all divisions of Votes in Pa●liament or Council-table , sided with the Anti-prelatical party . When S●creta●y Davison , that State-pageant , ( raised up on purpose to be put down ) was censured in the Star-chamber about the business of the Queen of Scots , this Lord Gray onely defended him , as doing nothing therein but what became an able and honest Minister of State. An Ear-witness saith , Haec fusè oratorie & animose Greium disserentem audivimus . So that besides bluntness , ( the common and becoming Eloquence of Souldiers ) he had a real Rhetorick , and could very emphatically express himself . Indeed this Warlike Lord would not wear two heads under one Helmet , and may be said always to have born his Beaver open , not dissembling in the least degree , but owning his own Judgement at all times what he was . He deceased anno Domini 1593. Three things he was observed eminent for : 1. D●spatch ; San Ioseph having not been a week in Ireland , before he had environed him by Sea and Land. 2. For his resolution , that he would not parley with him till he was brought to his mercy , hanging out a white flag with Misericordia , Misericordia . 3. For his prudence : 1. T●at he saved the Commanders , to oblige the Spaniard : 2. That he plundered the Country , to enrich his Souldiers : 3. That he decimated the Souldiery , to terrifie Invaders ; and hanged all the Irish , to amaze the Traytors . Henry Fitz-ala● Earl of Arundel when Steward at King Edward's Coronation , or Constable at Queen Mary's , was the first that rid in a Coach in England ; my Lord Gray was the first that brought a Coach hither : one of a working Brain , and a great Mechanist himself , and no less a Patron to the Ingenious that were so . That there was an emulation between him and Sussex , was no wonder ; but that the instance wherein he thought to disgrace him , should be his severity to the English Traytor , and the Forreign Invadors , would seem strange to any but those that con●ider , 1. That Princes of late would seem as they look on the end , and not the means ; so they hug a cruelty , and frown on the Instrument of it ; who while he honestly sacrificeth some irr●gular particulars to the interest of Soveraignty , may be made himself a sacrifice to the passion of populacy . And , ●● which is the case here , that a●piring Princes may employ severer Natures , but setled ones use the more moderate . Love keeps up the Empire which Power hath set up . Observations on the Life of Thomas Lord Burge . THomas Lord Burge or Borough was born in his Fathers noble house at Gainsborough in the County of Lincoln . He was sent Embassadour into Scotland in 1593 , to excuse Bothwel his lurking in England , to advise the speedy suppression of the Spanish Faction , to advance the Pr●testants in that Kingdome for their Kings defence , and to instruct that King about his Council ; which was done accordingly . He was made Lord-Deputy of Ireland anno 1597 , in the room of Sir William Russel . Mr Cambden saith thus of him : Vir acer & animi plenus , sed nullis ferè Castrorum rudimentis . As soon as the Truce with Tyrone was expired , he st●aightly be●ieged the Fort of Black-water , ( the onely receptacle of the Rebels in those parts , besides their Woods and Bogs . ) Having taken this Fort by force , presently followed a bloody Battle , wherein the English lost many wo●thy men . He was struck with untimely death before he had continued a whole year in his place ; it being wittily observed of the short Lives of many worthy men , Fatuos ● morte defendit ipsa ins●lsitas , si cui plu● caeteris aliquantulum salis insit ( quod miremini ) statim putrescit . Things rare destroy themselves ; t●ose two things being incompa●ible in our nature , Perfection and Lasli●●ness . His Educa●ion was not to any particular Profession , yet his parts able to manage all . A large soul and a great spirit apart from all advantages , can do wonders . His Master-piece was Embassi , where his brave Estate set him above respect● and compliance , and his comely person above contempt . His Geography and history led to the Interest of other princes , and his Experience to that of his own . His skill in most Languages helped him to understand others ; and his resolu●ion to use onely his own , to be reserved himself . In two things he was very scrupulous : 1. In his Commission , 2. In his servants , whom he always ( he said ) found honest enough , but seldome quick and reserved . And in two things very careful : viz. 1. The time and humour of his Addresses ; 2. The Interest , Inclinations and Dependencies of Favourites . A grave and steady man , observing every thing , but affected with nothing ; keeping as great distance between his looks and his heart , as between his words and his thoughts . Very exact for his priviledges , very cold and indifferent in his motions , which were always guided by the emergencies in that Country , and by his intelligence from home . Good he was in pursuing his limited instruction , excellent where he was free ; and his business was not his obedience onely , but his discretion too : that never failed but in his last enterprize , which he undertook without any apparent advantage , and attempted without intelligence : An Enterprize well worthy his invincible Courage , but not his accustomed prudence ; which should never expose the person of a General to the danger of a common Souldier . Observations on the Life of William Lord Pawlet . WIlliam Pawlet ( where-ever born ) had his la●gest estate and highest Honour ( Baron of Basing , and Marquess of Winch●ster ) in Hantshire ● He was descended from a younger house of the Pawlets in Hinton St. George in Somersetshire , as by the Crescent in his Arms is acknowledged . * One telleth us , That he being a younger Brother , and having wasted all that was left him , came to court on trust ; where , upon the stock of his Wit , he trafficked so wisely , and prospered so well , that he got , spent , and left , more than any subject since the Conquest . Indeed he lived at the time of the dissolution of Abbeys , which was the Harvest of Estates ; and it argued idlene●s if any Courtier had his Barns empty . He was servant to King Henry the seventh ; and for thirty years together Treasu●er to King Henry the eight● . Edward the sixth , Queen Mary , and Queen Elizabeth : the latter in some sort owed their Crowns to his Counsel , his policy being the principal Defeater of D●ke Dudley's Designe to dis-inherit them . I behold this Lord Pawlet like to aged Adoram , so often mentioned in Scriptures , being over the Tribute in the days of King a David , all the Reign of King b Solomon , until the first c year of Rehoboam . And though our Lord Pawlet enjoyed his place not so many years , yet did he serve more Soveraigns , in more mutable times , being ( as he said of himself ) No Oak , but an Osier . Herein the parallel holds not : the hoary hairs of Adoram were sent to the Grave by a violent d death , slain by the people in a Tumult ; this Lord had the rare happiness of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , setting in his full splendour , having lived 97 years , and seen 103 out of his body . He died anno Domini 1572. Thus far Mr. Fuller . This Gentleman had two Rules as useful for mankind , as they seem opposite to one another . 1. That in our Considerations and Debates , we should not dwell in deceitful . Generals , but look into clear Particulars . 2. That in our Resolutions and Conclusions , we should not rest on various Particulars , but rise to uniform Generals . A Man he was that reverenced himself ; that could be vertuous when alone , and good when onely his own Theatre , his own applause , though excellent , before the world ; his vertue improving by fame and glory , as an heat which is doubled by re●lexion . Observations on the Life of Sir James Dier . JAmes Dier Knight , younger Son to Richard Dier Esquire , was born at Round-hill in Somersetshire , as may appear to any by the Heralds Visitation thereof . He was bred in the study of our Municipal Law , and wa● made Lord Chief Iustice of the Common Pleas , primo Eliz. continuing therein twenty four years . When Thomas Duke of Norfolk was , anno 1572 , arraigned for Treason , this Iudge was present thereat , on the same to●en , that when the Duke desired Council to be assigned him , pleading that it was granted to Humphrey Stafford in the Reign of King Henry the seventh , our Iudge returned unto him , That Stafford had it allowed him only as to point of Law , then in dispute , viz. Whether he was legally taken out of the Sanctuary ? but as for matter of Fact , neither he , nor any ever had or could have Councel allowed him . But let his own wo●ks praise him in the Gates● ( known for the place of publick Iustice amongst the Iews ) let his learned Writings , called , The Commentaries or Reports , evidence his Abilities in his Profession . He died in 2● . Eliz. ( thoug● married ) without any issue ; and there is a House of a Baronet of his Name ( descended from an elder Son of Richard , Father to our Iudge ) at great Stoughton in Huntingtonshire , well improved I believe with the addition of the Judges E●t●te● There is a Manuscript of this worthy Judge● wherein are six and forty Rules for the pre●ervation of the Commonwealth , as worthy our Observation as they were his Collection . 1. That the true Religion be established . 2. To keep the parts of the Commonwealth equal . 3. That the middle sort of people exceed both the extreams . 4. That the Nobility be called to serve , or at least to appear at the Court by themselves , or by the hopes of their Families their Children . 5. That the Court pay well . 6. That Trade be free ; and Manufactures , with all other Ingenuities , encouraged . 7. That there be no co-equal Powers , nor any other vsurpations against the Foundation . 8. That their be notice taken of wise and well-affected Persons to employ them . 9. That Corruption be restrained . 10. That the Prince shew himself absolute in his Authority first , and then indulgent in his Nature . 11. That the first ferment of sedition , w●nt , &c. be considered . 12. That Preferments be bestowed on merit , and not faction . 13. That troublesome persons be employed abroad● 14. That Emulations be over r●led . 15. That the ancient and most easie way of Contributions when necessary , be followed . 16. That the Youth be discipled . 17. That Discourses and Writings of Government , and its mysteries , be restrained . 18. That the Active and busie be taken to Employment . 19. That the King shew himself often in Majesty , tempered with familiarity , easie access , tenderness , &c. 20. That the Prince perform some expected act●ons at Court himself . 21. That no one man be grat●fied with the grievance of many . 22. That Acts of Grace pass in the chief Magi●trates Name , and Act● of Severity in the Ministers . 23. That the Prince borrow when he hath no need . 24. That he be so well furnished with Warlike Provisions , Citadels , Ships , as to be renowned for it . 25. That the Neighbour-States be balanced . 26. That the Prince maintain very knowing Agents , Spies and Intelligencers . 27. That none be suffered to raise a Quarrel between the Prerogative and the Law. 28. That the People be awaked by Musters . 29. That in c●ses of Fa●tion , Colonies and Plantations be found out to receive ill humours . 30. That the Seas , the Sea-coast , and Borders be secured . 31. That the Prince be either resident himself , or by a good natured and popular Favourite . 32. To act things by degrees , and check all the hasty , importunate , rash and turbulent , though well-affected . 33. That the Inhabitants have honour promiscuously , but that Power be kept in the Well-affected's hands . 34. That there be as far as can be plain dealing , and the people never think they are deceived . 35. That there be a strict eye kept upon Learning , Arms , and Mechanical Arts. 36. That there be frequent Wars . 37. To observe the Divisions among Favourites . though not to encourage them . 38. That an account be given of the Publick Expences . 39. That Inventions be encouraged . 40. That the Country be kept in its due dependanc● on the Crown against the times of War , Elections , &c. and to that purpose that the Courtiers keep good houses , &c. 41. That no disobliging person be trusted . 42. That Executions be few , suddain and severe . 43. To improve the benefit of a Kingdomes Situation . 44. That the L●berties and Priviledges of the subject b● so clearly stated , that there may be no pr●tences for worse purposes . 45. That the Coyn be neither transported nor ●mbased . 46. That luxury be suppr●ssed . Maximes these ! that spake our Judge so conversant with Books and men , that that may be applyed to him , which is attributed to as great a Divine as he was a Lawyer , viz. That he never talked with himself . Observations on the Life of Sir William Pelham . SIr William Pelham was a Native of Sussex , whose ancient and wealthy Family hath long flourished in Laughton therein . His Prudence in Peace , and Valour in War , caused Queen Elizabeth to employ him in Ireland , where he was by the privy-Council appointed Lord Chief Justice to govern that Land in the interim betwixt the death of Sir William Drury , and the coming in of Arthur Gray , Lord Lieutenant of Ireland . Say not that he did but stop a gap for a twelve-month at the most , seeing it was such a gap , Destruction had entered in thereat , to the final ruine of that Kingdome , had not his providence prevented it . For in this juncture of time , Desmond began his Rebellion 1579 , inviting Sir William to side with him ; who wisely gave him the hearing , with a smile in to the Bargain . And although our Knight for want of Force could not cure the wounds , yet he may be said to have washed and kept it clean , re●igning it in a recovering condition to the Lord Gray , who succeeded him . Afterwards he was sent over into the Low-Countries 1586 , being Commander of the English Horse therein . It is said of him , ●rabautiam persultabat , He leapt through Brabant ; importing celerity and success , yea , as much Conquest as so suddain an expedition was capable of . He had a strong memory whereof he built his experience , and a large experience whereon he grounded his actions : There was no Town , Fort , Passage , Hill or Dale , either in Ireland or Holland , but he retained by tha● strong faculty , that was much his Nature , more his Art ; which observed privately , what it saw publickly ; recollected and fixed in the night , when he observed by day ; trusting his head with solids , but not burthening it with impertinencies . Company is one of the greatest pleasu●es of Mankinde , and the great delight of this man , ( it 's unnatu●al to be solitary ; the world is linked together by love , and men by friendship ) who observed three things in his converse , that it should be , 1. even , 2. choice , and 3. useful ; all his friends being either valiant , ingenious , or wise : that is , either Souldiers , Scholars , or States-men . Four things he was very intent upon during his Government in Ireland : 1. The Priests , the Pulpits , and the Press : 2. The Nobility : 3. The Ports : 4. The Forreigners . Which he pursued with that Activity , the Earl of Ormond assisting him , that anno 1580 , that Kingdome was delivered to my Lord Gray after his one years Government , in a better condition than it had been for threescore years before ; the Populacy being encouraged , the Nobility trusted , F●●ds laid down , Revenue setled , the Sea-towns secured , the S●ul●iery disciplined , and the Magizines furnished . Whence he returned to overlook others , setling England against the Spaniards , as he had done Ireland ; himself being an active Commi●●oner in England in 88 , and an eminent Agent in Scotland in 89. Observations on the Life of Sir William Waad . A Scholar himself , and a Patron to such that were so ; being never well but when employing the Industrious , pensioning the Hopeful , and preferring the Deserving . To his Directions we owe Riders Dictionary , to his Encouragement Hooker's Policy , to his Charge Gruter's Inscriptions . As none more knowing , so none more civil . No man more grave in his Life and Manners , no man more pleasant in his Carriage and Complexion ; yet no man more resolved in his Business : for being sent by Queen Elizabeth to Philip King of Spain , he would not be turned over to the Spanish Privy-Council , ( whose greatest Grandees are Dwarfs in honour to his Mistress ) but would either have audience of the King himself , or return without it ; though none knew better how and when to make his close and underhand Addresses to such potent Favourites as strike the stroke in the State ; it often happening in a Commonwealth , ( saith my Author ) that the Masters Mate steers the Ship better than the Master himself . A man of a constant toyl and industry , busie and quick , equally an enemy to the idle and slow undertakings , judging it a great weakness to stand staring in the face of business , in that time which might serve to do it . In his own practice he never considered longer than till he could discern whether the thing proposed was fit or not ; when that was seen , he immediately set to work : when he had finished one business , he could not endure to have his thoughts lie fallow , but was presently consulting what next to undertake . Two things this Gentleman professed kept him up to that eminence ; 1. Fame , that great inci●ement to Excellency . 2. A Friend , whom he had not onely to observe those grossnesses which Enemies might take notice of , but to discover his prudential failings , indecencies , and even suspitious and barely doubtful passages . Friendship ( saith my Lord Bacon ) easeth the heart , and cleareth the understanding , making clear day in both ; partly by giving the purest councel apart from our interest and prepossessions , and partly by allowing opportunity to discourse ; and by that discourse to clear the mind , to recollect the thoughts , to see how they look in words ; whereby men attain that highest wisdome , which Dionysius the Areopagite saith , is the Daughter of Reflexion . Observations on the Life of Sir Henry Sidney . SIr Henry Sidney , eminent for his son Sir Philip , and famous for his own Actions , was born well , and bred better : His Learning was equal to his Carriage , his Carriage to his Good Nature , his Good Nature to his Prudence , his Prudence to his Resolution . A little he learned at School , more at the University , most at Court. His Reading was assiduous , his Converse exact , his O●servations close : His Reason was strong , and his Discourse flowing . Much he owed to his Studiousness at home , more to his Experience abroad , where Travel enlarged and consolidated his Soul. His own Worth fitted him for Advancement , and his Alliance to my Lord of Leicester raised him to it . Merit must capacitate a man for Interest , and Interest must set up merit . His person and his Ancestry invested him Knight of the Garter , his Moderation and Wisdome President of Wales . His Resolution and Model of Government made him Lord Deputy of Ireland ; a people whom he first studied , and then ruled ; being first master of their humour , and then of their Government . Four things he said would reduce that Country : A Navy well furnished , to cut off their correspondence with Spain ; An Army well paid , to keep up Garrisons ; Laws well executed , to alter their Constitutions and Tenures ; A Ministry well setled , to civilize and instruct them ; and an unwearied Industry to go through all . Nine things he did there to eternize his Memory . 1. Connaught He divided to six Shires . 2. Captainships , something answering to Knighthood here , He abolished . 3. A Surrendry of all Irish Holdings He contrived , and the Irish Estates He setled on English T●nures and Services . 4. That the ablest five of each Sept should undertake for all their Relations He ordered . 5. One Free-School at least in every Diocess He maintained . 6. Two Presidents Courts in Munster and Connaught He erected . 7. Their Customes He reduced to the Civility , and their Exchequer to the Exactness of England . 8. Their Purveyance He turned to Composition . 9. Their Statutes He printed , and a constant correspondence He kept ; especially with the English Embassadour in Spain , and King Iames in Scotland . Fitz●Williams was mild , Essex heady , Perrot stout ; but this Lieutenant or Deputy was a stayed and resolved man , that Royally heard ill , and did well ; that bore up against the clamours of the people with the peace of his conscience . His Interest he had devoted to his Soveraign● and his Estate to the publick ; saying as Cato , That he had the least share of himself . From the Irish he took nothing but a Liberty to undo themselves ; from Court he desired nothing but service ; from Wales he had nothing but a Good Name . I●'s observed of him , that He had open Vertues for Honour , and private ones for Success , which he said was the daughter of reservedness : there being not ( saith my Lord V●rulam ) two more fortunate properties , than to have a little of the fool , and not too much of the honest man. The Crown was obliged by his services , the Nobility engaged to him by Alliances , the People enamoured with his Integrity , and himself satisfied with a good Conscience . Much good counsel he gave at Court , more at home in Shropshire , where his Dexterity in composing the private Quarrels of the Country , was as eminent as his Prudence in setling the Affairs of Ireland . He had that Majesty in his Countenance that he awed , and Affability in his Speech that he obliged the Country . His Counsel would be smart and solid , his Reproof grave and affectionate , his Jests quick and taking ; doing more with a quick Droll towards the peace of the Country , than others did with longer Harangues . Secretary Bourns Son kept a Gentlemans Wife in Shropshire ; when he was weary of her , he caused her Husband to be dealt with to take her home , and offered him 500 l. for reparation . The Gentleman went to Sir Henry Sidney to take his advice ; telling him , That his Wife promised now a new life , and to say the truth five hundred pounds would be very seasonable at that time . By my troth ( said Sir Henry ) take her home , and the Money ; then whereas other Cuckolds wear their Horns plain , you may wear yours gilt . His great word after a difference ended , was , Is not this easier than going to London or Ludlow ? When a man fretted against himself or other , My Friend , he would say , take it from me , a weakman complains of others , an unfortunate man of himself , but a wise man neither of others nor of himself . It was his Motto , I 'll never threaten . To threaten an Enemy , is to instruct him ; a Superiour , is to endanger my person ; an Inferiour , is to disparage my conduct . Old servants were the Ornament and stay of his Family , for whom he reserved a Copyhold when aged , a service when hopeful , an Education when pregnant . Twice was he sent underhand to France , and once to Scotland , to feel the pulse of the one ; and to embroyl the other . It 's for setled Kingdomes and for Wealthy men to play above-board , while the young State as the young Fortune should be least in sight . He and Sir Thomas Randolph amuse the Queen of Scots with the hope of the Crown of England , and the King of France by a League with his protestant subjects ; to whose a●sistance Sir Adrian Poynings arrives as Field-marshal , and the Earl of Warwick as General . Sir Nicholas Arnold had disposed Ireland to a settlement , when Justicer ; and Sir Henry Sidney formerly Justicer and Treasurer , was now to compleat it as D●puty , being assisted in Munster by Sir Warham St. Leiger , and elsewhere by the brave Earl of Ormond , having procured his Antagonist the Earl of Desmond to be called to England in order of a peace and tranquility . Great was his Authority over , far greater his love to , and esteem of the Soldiers , with whom he did wonders against Shane Oneals Front , while Randolph charged his Rear until the wild Rebels submits , and is executed . When he resigned his Authority and Honour to Sir William Drury , he took his farewel of Ireland in these words , VVhen Israel departed out of Egypt , and the house of Jacob from a barbarous people . A singular man he was , ( saith the Historian ) and one of the most commendable Deputies of Ireland , to whose Wisdome and Fortitude that Kingdome cannot but acknowledge much , though it is as impatient of Deputies as Sicily was of old of Procurators . Observations on the Life of Sir John Puckering . HE was born at Flamboroughead in Yorkshire , second Son to a Gentleman that left him an Estate neither plenteous nor penurious , his breeding was more beneficial to him than his portion , gaining thereby such skill in the common Law , that he became the Queens Sergeant , speaker in the house of Commons , and at last Lord Chancellour of England . How he stood in his Iudgement in the point of Church-discipline , plainly appeareth by his following speech , delivered in the house of Lords 1588. You are especially commanded by her Majesty to take heed , that no Ear be given , nor time afforded to the wearisome sollicitations of those that commonly be called Puritans , where with all the late Parliaments have been exceedingly importuned , which ●ort of men , whilst that ( in the giddiness of their Spirits ) they labour and strive to advance a new eldership , they do nothing else but disturb the good repose of the Church and Commonwealth , which is as well grounded for the body of Religion it self , and as well guided for the discipline , as any Realm that confesseth the truth . And the same thing is already made good to the world by many of the Writings of godly and learned men , neither answered nor answerable by any of these new fangled Refiners . And , as the present case standeth , it may be doubted , whether they , or the Iesuits , do offer more danger , or be more speedily to be repressed . For , albeit the Iesuites do empoyson the hearts of Her Majesties Subjects , under a pretext of Conscience to withdraw them from their Obedience due to Her Majesty yet do they the same , but closely , and in privy-corners : But these men do both teach and publish in their printed Books , and teach in all their Conventicles , sundry Opinions , not onely dangerous to a Well-setled Estate , and the Policy of the Realm , by putting a Pi●e between the Clergy and the Layty ; but also much derogatory to her sacred Majesty and her Crown , as well by the diminution of her ancient and lawful Revenues , and by denying Her Highness Prerogative and Supremacy , as by offering peril to her Majesties safety in her own Kingdome . In all which things , ( however in other Points they pretend to be at war with the Popish Iesuites ) yet by this separation of themselves from the unity of their fellow subjects , and by abasing the Sacred Authority and Majesty of their Prince , they do both joyn and concur with the Iesuites in opening the Door , and preparing the way to the Spanish Invasion that i● threatned against the Realm . And thus having according to the weakness of my best understanding delivered Her Majesties Royal pleasure and wise direction , I rest there , with humble Suit of her Majesties most gracious Pardon in supplying of my defects , and recommend you to the Author of all good councel . He died anno Domini 1596 , charactered by Mr. Cambden , Vir Integer . Hi● Estate is since descended , ( according to the solemn settlement thereof ) the Male Issue failing , on Sir Henry Newton ; who , according to the Condition hath assumed the surname of Puckering . Sir Thomas Egerton urged against the Earl of Arundel methodically what he had done before , in , and since the Spanish Invasion : Sir Iohn Puckering pressed things closely , both from Letters and Correspondence with Allen and Parsons , that few men had seen ; and from the saying of my Lord himself , ( which fewer had observed ) who when Valongers Cause about a Libel was handled in the Star-chamber , had said openly , He that is throughly Popish , the same man cannot but be a Traytor . A man this was of himself of good repute for his own Carriage , but unhappy for that of his servants ; who for disposing of his Livings corruptly , left themselves an ●ill name in the Church , and him but a dubious one in the State. David is not the onely person whom the iniquity of his heels , that is , of his followers , layeth hold on . Observations on the Life of Sir Thomas Bromley . SIr Thomas Bromley was born at Bromley in Shropshire , of a right ancient Family . He was bred in the Inner Temple , and made , before he was forty years of age , General sollicitor to Queen Elizabeth ; and afterwards , before he was fifty , succeeded Sir Nicholas Bacon in the Dignity of Lord Chancellour : yet Bacon was not missed while Bromley succeded him ; and that loss which otherwise could not have been repaired , now could not be perceived ; Which Office he wisely and learnedly executed with much discretion , possessing it nine years , and died anno 1587 , not being sixty years old . My Lord Hunsdon first employed this Gentl●man , and my Lord Burleigh took first notice of him . He had a deep head to dive to the bottome of the abstruse Cases of those times , and a happy mean to manage them , with no less security to the Estate , than satisfaction to the people . A man very industrious in his place , and very observant of the Court : happy in his potent friends , happy in his able followers ; men of great faithfulness towards him , and of great integrity and respectfulness towards any that made Addresses to him . He never decided the ●quity of any Case before he had discoursed with the Judge that heard it , of the Law of it . He never disposed of a Living without the Bishop of the Diocess his consent where it lay● nor ever engaged he in any State-business without dir●ction from my Lord Burleigh , the Earl of Leicester , my Lord Delaware . Sir Ralph Sadler was to observe the policy , Dr. Wilson the Civil law , and Sir Thomas Bromley the English law , in the Q●een of Scots answer to Queen Elizabeths last expostulation . The Spanish Souldier never takes wages ag●inst his King , and Sir Thomas Bromley never took fe●s against the Crown . He would have the cause opened clearly by his Client in the Chamber , befo●e ever he would declare it at the Bar : He lost money for not admitting all causes promiscuously at first , but he gained it at last ; when never f●iling in any cause , saith my Author , for five years : during which space , what he wanted in the retayl of advantage , he made up in the gross of esteem ; being by that time the onely person that the people would employ , and one of the three the Court would favour ; being excellent ( because industrious ) in a leading and an untrodden cafe . Physitians , they say , are best like Beer when stale , and Lawyers like Bread when young : This person was eminent in all the periods of his Age ; each whereof he filled with its just and becoming accomplishment . In that Lord of N●rthumberland's case that pistolled himself , none more subtle to argue his guilt ; in the Queen of Scots , none more strict to keep to the law ; for when the Q●een of Scots would explain something in the Queens commission , he answered , We are subjects , and not come hither to explain the Queens words , but to perform them . None more discreet and grave , prefacing that great business with these words● The high and mighty Queen our Soveraign , that she might not be wanting to her God , her self , her people , or your honour , sent us hither , not so much to try , as to clear you ; not so much to urge her Accusations , as to hear your Defence . And none more stedfast to his Soveraign : for when that unfortunate Lady protested her unaccountableness to the English laws , he replyed , This protestation is vain : for whosoever , of what place soever , offendeth against the Laws of England in England , was subject to the same Laws , and might be examined and tryed . The sentence against her he declared had three things in it : 1. Justice , 2. Security , 3. N●cessity : but added presently , And that wisely too it should no ways prejudice King James his Title or Honour . Observations on the Life of Sir. Richard Bingham . SIr Richard Bingham , born in Binghams●Melcolm in Dorsetshire , of a very ancient Family , in his youth travelled most parts of the world : he was at the Siege of St. Quintin in France ; the sacking of Leith in Scotland ; served in Ca●dia under the Venetians against the Turk ; then returned into the Netherlands , being strong and fortunate in all his undertakings . After all this , he went into Ireland , and was there President of Co●naught , and conque●ed the great and dangerous Rebel O-Rork . A Gentleman this , rather skilful in many mysteries than thriving in any : of a fancy too high and wild , too defulto●y and over-voluble : yet Imagination hath often produced Realities , and phancy done the work of Judgement ; as in this Gentleman , whose daringness went for conduct , whose spirit passed for resolution , whose activity had the honour of skill , and whose success the glory of prudence . It 's a wonder of parts that Caesar could write , read , dictate , and discourse at the same time ; it 's a miracle of fancy that this man should command a Regiment in the Netherlands , preside in a province of Ireland , manage a Trade in Russia , carry on a plantation in America , and husband a mannor in England . But as the King of Spain is painted with a handful of sand running out between his fingers , in reference to his many , but unprofitable Dominions ; so might this grand Projector be described , who attempted so many things , that he did nothing . Yet one thing his Quick-silver soul was good for , and that is Stratagems : Now you should have him surprize a Town by Butter-women , another time by Workmen ; anon he would face the enemy , and draw them with success upon a train of Gunpowder he would lay for them , and Iron Pricksteds he would sow for them : He would steal their hands and seales , buy the very keys of their closets ; and so amuse them with letters , and distract them with Jealousies , while in the mean time the vigilant man alarmed them every hour of the day , and each watch of the night ; so that he tamed those wild Irish as we do some wild beasts , by watching . Observations on the Life of Roger Ashcam . FRom his cradle a Royal servant , and to his grave a favourite : a good man , ( saith Cambden ) and if his ambition had been but as great as the occasion was fair , a great one too . Born he was honestly in Yorkshire , and bred handsomely at Cambridge ; and both born and bred for that age which was to refine Greek and Latin to a politeness , and raise them to an Eloquence . He was the University-Orator at Cambridge , and at Court ; there using his eloquence , here his interest against that sacriledge , that having Dined on the church , as he writ , came to Sup on the Universities . Thence he was rather removed than advanced , more suitably to his me●it than his expectation , to be Queen Elizabeths Schoolmaster for the Latin tongue in her Sisters time , and her Secretary for the same in her own . What he got by his ingenuity , he lost by his gaming , viz. at Dice and Cock-fighting , dying rich onely in those two books , his estate and monument , whereof the one is intituled T●xophilus , and the other Scholarcha . He and his dear Smith were the happiest men in the nation ; their large and ingenious souls clasping together in an entire friendship , made up of kindness and integrity , apart from the little fears , the jealousies , the suspitions that vex mankinde . What learned letters ! what loving expostulations ! what discreet intimations ! what faithful advertisements ! what indifferent community ! what common cares and pities ! how they loved ! how they child ! and how they loved again ! how plain ! how malleable ! how sweet ! What little observations upon one anothers inadvertencies , neglects or miscarriages ! how they improved their Mollia tempora to the great end of friendship , information and advice ! How secretly they vented their thoughts into each others breasts , and there looked upon them by reflexion , and the advantage of a second consideration ! And it 's a happiness to have another self to shew our selves to before we appear to the world , that all men wish , and the good men onely enjoy . An honest man this , that abhorred all artifice and cunning , and hated all concealments and pretensions , which he had sagicity enough to discover and look through , but a spirit too generous to practise it ; none being more able for , yet none more averse to that ci●cu●locution and contrivance wherewith some men shadow their m●in drift and purpose . Speech was made to open man to man , and not to hide him ; to promote Commerce , and not betray it . HOw happy is he born and taught That serveth not anothers will , Whose Armour is his honest thought , And simple truth his utmost skill ? Whose passions not his Masters are , Whose soul is still prepar'd for death ; Vntide unto the world by care Of Publick fame , or private breath . Who envies none that chance doth raise . Nor vice hath ever understood ; How deepest wounds are given by praise , Nor Rules of State , but Rules of Good. Who hath his life from rumours freed , Whose conscience is his strong retreat● Whose state can neither flatterers feed , Nor r●ine make Oppressors great . Who God doth late and early pray , More of his grace , than gifts to lend ; And entertains the harmles day With a religious book or friend . This man is freed from servile bands Of hope to rise , or fear to fall : Lord of himself , though not of lands ; And having nothing , yet hath all . Observations on the Life of Sir John Packington . SIr Iohn Packington was a person of no mean Family , and of form and feature no way despiseable : for he was a brave Gentleman , and a very fine courtier ; and for the time which he stayed there , was very high in the Queens grace : but he came in , and went out , and through disassiduity lost the advantage of her favour ; and death drawing a vail over him , utterly deprived him of recovery . Had he broughtless to the Court than he did , he might have carried away more than he brought : for he had a time for it , but he was an ill husband of opportunity . His handsome features took the most , and his neat parts the wisest at Court. He could smile Ladies to his service , and argue States-men to his designe with equal ease . His reason was powerful , his beauty more . Never was a brave soul more bravely seated : Nature bestowed great parts on him , education polished him to an admirable frame of prudence and vertue . Queen Eli●abeth called him Her T●mperance , and Leicester His Modesty . It is a question to this day , whether his resolution took the Souldiers , his prudence the Politicians , his complyance the Favourites , his complaisance the Courtiers , his piety the Clergy , his integrity and condescention the People , or his knowledge the learned , most ? This new Court-star was a nine-days wonder , engaging all eyes until it set satisfied with its own glory . He came to Court , he said , as S●lomon did , to see its vanity ; and retired as he did , to repent it . It was he who said first what Bishop Sanderson urged afterwards , That a sound Faith was the best Divinity , a good Conscience the best Law , and Temperance the best Physick . Sir Iohn Packington in Queen Elizabeths time was vertuous and modest , and Sir Iohn Packington in King Charles his time loyal and valiant ; the one did well , the other suffered so : Greenham was his Favourite , Hammon his ; the one had a competant estate , and was contented ; the other hath a large one , and is noble : this suppresseth Factions in the kingdome , the other composed them in the Court , and was called by Courtiers Moderation . Westmerland tempted his fidelity , and Norfolk his stedfastness : but he died in his bed an honest and an happy man , w●ile one of them goes off tainted on the S●rffold , and the other dies a begg●r in Flanders . Observations on the Lives of the Norrises and Knowles . MY Lord Norris had by his Lady an ample Issue , which the Queen highly respected : for he had six sons , all martial brave men ; of haughty courage , and of great experience in the conduct of military affairs , Greater was not the Faction between Leicester and Sussex at court , than that between the Knowles and the Norrises in the Country : both Families of Oxfordshire ; the one resolute at Greys , the other valiant at Rycote : the former got great estates at home , the latter attained to great honour abroad . The Knowles were beloved by the Queen for their own sakes , the Norrises for theirs and her own sake , the Knowles were of the same blood with her Majesty , the Norrises spent theirs for her . 1. My Lord Norris died at Court an honest man. 2. Sir Francis at Bulloign a good Souldier . 3. Sir William at Berwick a brave Governour . 4. Sir Thomas at Munster a wise President . 5. Sir Maximilian at Bretaign an expert Engineer . 6. Maximilian at Groen a renowned Heroe . 7. Sir Iohn was a most accomplished General , no less eminent for his safe retreats , than for his resolute onsets . France hath recorded this testimony of him , That he brought on his men so warily , as one that could bring them off : and England this , That he brought them off so resolutely , as one that durst bring them on . His fortune often overthrew his enemy , and his wisdome oftner saved his friends : His conduct was famous , and his Discipline exact : His Actions are Presidents , and his Orders Laws of War to this day . He was bred under Castilion , and out-did him . Ireland was always possessed , but never conquered till Norris came , who could lie on the coldest earth , swim the deepest Rivers , force the straightest Passes , find out the most secret corners , and tread the softest Bog ; who could endure any thing but an affront , and a Superiour : the first whereof , upon a repulse at Court , saddened his heart ; as the second , upon another Deputies being sent over him , broke it . Unsuccessful he was with Don Antonio in Spain , because he understood not the Country . In the Low-Countries he gained experience first , and then victory : in Ireland he had Connaught for his Grave , Mount - Norris his Monument , and the Letter of Queen Elizabeth to his Mother his Epitap● . As the first eminent Norris suffered for Anne Bullen , the Qu. Mother : so the first eminent Knowles suffered with Protestantism her Religion . Norris could not rise though he deserved his honour , because of Leicester that favoured his Brother , Knowles and Essex that envyed him ; neither could Knowles advance because of Sussex that feared and Cecil that suspected him . The Knowles were deserving , but modest ; favoured , but humble ; powerful , but quiet ; rather firm at Court , than high ; allied to the Queen , and faithful to the Crown . Queen Elizabeth advanced Sir Francis to the Vicechamberlainship , treasurership of the houshold , Captainship of the Guard , and the order of the Garter , because she said , He was an honest man ; and King Iames , and King Charles raised his Son Sir William to the Earldome of Bambury , because he was a serviceable man. Honestly faithful was that family to their Mistress that was , and providently so were they to their Master that should be . Handsome men they were when attending at Court , and valiant when called to the Camp. Norrises . 1. The Norrises are employed in Embassies of War , wherein they were active . 2. My Lord Norris his resolution was very becoming in the demand of Calice . 3. The Irish Conspirator Thoumond opened a Plot against the Government in Ireland to the Agent Norris . Knowles . 1. The Knowles are abroad in religious Negotiations , for which they had been Confessors , Sir Francis in France , and Sir Henry in Germany . 2. Francis Knowles his meekness was suitable to his perswasions for Religion : 3. And the Scots Schismatick Humes discovered a designe against the Church in England to the Embassadour Knowles . In 88 , My Lord Hunsdon guarded the Queens person with 34000 foot , and 2000 horse ; the Earl of Leicester commanded the Midland Army of 22000 foot , and 1000 horse : Sir Roger Williams and Sir Richard Bingham were in the head of 20000 in the Thames mouth , and Sir Iohn Norris and Sir Francis Knowles with other Assistants sate in the Council of War to overlook all . Sir Iohn advised three things : 1. The Guarding of the Havens , 2. The Training of the Militia , and the preparing of them to be at an hours warning upon a signal given , which was then the firing of a Beacon . 3. That if the enemy did land , the Country should be laid waste before him , the Train-bands alarming him day and night : Sir Francis added , 1 , What shires and what numbers should assist each Coast , how the men should be armed , how commanded , and in what order they should fight . 2. That the Papists should not be massacred , as some would have it , but secured . 3. That the Deputy of Ireland should be instructed . 4. That the King of Scots should be engaged . 5. That Agents should be sent to the Netherlands and to France . And , 6. That the Queen should encourage the people with her own presence . Sir Iohn Norris died when he saw beyond others expectation and his own merit , the Lord Burge made Lord-Deputy , and himself but President of Munster ; his great minde sinking under one affront from his Soveraign , which had born up against all the assaults of her enemies ; leaving this honour behinde him , That he laid the best grounds of military practice in England ● But who can stand before Envy ? A further Character of Sir Iohn Norris from Queen Elizabeths Letter to his Mother . My own Crow . HArm not your self for bootless help , but shew a good example to comfort your dolorous yoak-fellow . Although we have deferred long to represent to ●ou our grieved thoughts , because we liked full ill to yeild you the first reflexion of mis-fortune , whom we have always rather sought to cherish and comfort ; yet knowing now , that Necessity must bring it to your ear , and Nature consequently must move both grief and passion in your heart ; VVe resolved no longer to smot●er , neither our care for your sorrow , or the sympathy of our grief for your loss . VVherein if it be true , That Society in sorrow works diminution , VVe do assure you by this true Messenger of our minde , that Nature can have stirred no more dolorous affection in you as a Mother for a dear Son , than Gratefulness and memory of his Service past hath wrought in us his Soveraign apprehension of our miss for so worthy a Servant . But now that Natures common work is done , and he that was born to die hath paid his Tribute , let that Christian discretion stay the flux of your immoderate grieving , which hath instructed you both for example and knowledge , that nothing in this kinde hath happened but by Gods divine providence . And let these Lines from your loving gracious Soveraign serve to assure you , that there shall ever appear the lively Character of our Estimation of him that was , in our gracious care of you and yours that are left , in valuing rightly all their faithful and honest Endeavours . More at this time we will not write of this unpleasant subject , but have dispatched this Gentleman to visit both your Lord and you , and to condole with you in the true sense of your love ; and to pray that the world may see what time cureth in a ●eak minde , that Discretion and Moderation helpeth in you in this accident , where there is so just cause to demonstrate true Patience and Moderation . Your Gracious and Loving Soveraign , E. R. Observations on the Life of Secretary Davison . THat Meteor of the Court ! raised onely in an an excess of heat and vapours , to fall in a clearer day : for having good parts to act , an easie nature to comply , and a good disposition to be imposed on , he was raised to play others parts rather then his own , in those intricate and dark times , when fools were put to execute what wise men advised ; and the world saw but the plain side of the great watch of State , within which all the springs were inclosed and hid . That he was but of a private capacity , and so safely to be raised , as one that would neither outshine nor outdare his Patron , ( Machiavil hath a Rule , ( Disc. l. 3. c. 2. ) That it is a very great part of wisdome sometimes to seem a fool , and so lie out of the reach of Observation and Iealousie ) appears from his Negotiations , that were either payment of money in the Netherlands , a Merchants business ; or taking security of the Merchants in France , a Scriveners part ; or pacifying the tumult in Holland , the t●sk of a Bu●gomaster . Beale the Clerk of the Council and he were joyned in Commission , always to deal with the Scots ; the one the austerest , and the other the sweetest man living . When the first frighted those rude people with expostulations , the second got into them with insinuations . A hard and a soft , a Hammer and a Cushion , breaks a Flint Fear and Love rule the world . His Grand Case , as that great Historian layeth it , is briefly this ; Many Protestants thought themselves in danger while the Queen of Scots was alive ; many Papists thought themselves undone while she was imprisoned : these last press her to some dangerous undertakings ; of the first , some were for securing , others for transporting , and a third party for poysoning her : to which purpose many Overtures were made , though yet none durst undertake it that had either estate or honour to lose ; being so wise as not to understand what was meant by the strange Letters that were sent , else they might have faln into this Gentlemans fortune ; who unadvisedly venturing between the honour and safety of his Soveraign , was ground to nothing betwixt the fear of one party , and the shame of the other . But this mild , but stout because honest man● was not so weak in the perpetration of this fault , as he was wise in his Apology for it , saying , He would not confess a guilt , and betray his integrity ; nor yet stand upon a Justification , and forget his Duty . He would neither contest with his Soveraign , nor disparage himself ; but clear himself as an honest man , and submit as a thankful servant , and a good subject . DAzled thus with heighth of place , Whilst our hopes our wits beguile , No man marks the narrow space 'Twixt a prison and a smile . Then , since Fortunes favours fade , You , that in her arms do ●leep , Learn to swim , and not to wade ; For , the hearts of Kings are deep . But , if Greatness be so blind As to trust in Towers of Air , Let it be with Goodness lin'd , That at least the fall be fair . Then though darkned , you shall say , When friends fail , and Princes frown , Vertue is the roughest way , But proves at night a Bed of Down . Observations on the Lives of Sir Humphrey Gilbert and Sir Jeffrey Fenton . SHarp and lively-spirited men , skilful in War , and prudent in Peace : of a restless and a publick Spirit , well skilled in the Trade of England , better in the Wealth of America ; in the North-part whereof , which we call New-found Land , whither they had sayled a little before with five Ships , having sold their Patrimony in hope to plant a Colony there , they undid themselves : for after they had by the voice of a common Cryer proclaimed that Country to belong to the English Jurisdiction , and had assigned Land to each of their Company , they were distressed by Shipwracks , and want of necessary provision , and constrained to give over their Enterprize ; learning too late , and teaching others , That it is matter of greater difficulty to tr●nsport Colonies into far Countries upon private mens wealth , than they and others in a cred●lous and sanguine fit imagine : and this , Quod si●●ss●velis , nihilque malis . Observations on the Life of Do●●or Walter Haddon . WAlter Haddon was born of a Knightly Family in Buckinghamshire , bred at Eaton , afterwards Fellow in Kings Colledge in Cambridge , where he proceeded Doctor of Law , and was the Kings Professor in that Faculty , chosen Vice-Chancellour of the University 1550. soon after he was made President of Mag●alen ●Colledge in Oxford , which place he waved in the reign of Q●een Mary , and sheltered himself in obscurity . Queen Elizabeth made him one of the Masters of her Requests , and employed ●●m in several Embassies beyond the Seas . Her Majesty being demanded whether she preferred him or Buchanan for learning , wittily and warily returned , Buchanum omnibus antep●no , Haddonum nemini postpono . S. Memoriae . Gualtero Haddono Equestri loco nato juris Consulte● Oratori , Poetae celeberrimo , Graece Latin●que Eloquen●●● su● temporis facilè principi sapientia & sanctitate vitae , in i● erecto ut Reginae Elizabethae à supplicum libellis Magister esset , destinareturque majoribus , nisi facto immaturius cessisset : Interim in omni gradu viro longe Eminentissimo , Conjugi sui optimo meretissimoque Anna Suttona , uxor ejus secunda slens m●rens desiderii sui signum posuit . Obiit anno Salut . hum . 1572. AEtatis 56. This his fair Monument is extant in the Wall , at the upper end of the Chancel of Christ-Church in London , where so many ancient Inscriptions have been barbarously defaced . He and Dr. Wotton setled Trade between us and the Netherlands , and removed the mart to Embden : and both were famous for their reservedness in the case of succession , which they kept locked in their own breasts ; so always resolved to do , ( notwithstanding Leicesters Sollicitations of them to a Declaration for the Queen of Scots now his mistress , and hereafter in the Queen of Englands designe to be his Wife ) unless ( as they alledged ) their Mistress commanded their Opinion ; who certainly never heard any more unwillingly than the controversie about the Title of succession : and both as famous for their disswasion against the making of the Netherlands a Free-state ; urging that of Machiavel , That people accustomed to live under a Prince , if by any accident they become free , are like beasts let loose ; and have much ado to maintain either their G●vernment or their Liberty . Observations on the Life of Sir Wi●liam Russel . HIs very Name brought Tyrone upon his knees to him , and Iniskillyn to a surrendry . He was for detaining Tyrone , notwithstanding his letters of Protection : the Council was for dismissing him , either out of favour to him , or out of their reverence to their former promise ; as much to the danger of Ireland , as the displeasure of the Queen . Pretending an Hunting-match , he had almost taken Feagh Mac Hugh , or shut him up ; and under the disguize of a progress , he shut up all the Passages and Avenues of Tyrone . Agiges the Cretan King would say , That he that would govern many , must fight with many : Our Deputy found that great honour had its great difficulties ; yet was he so constant and resolute , that with Marcellus he would say , That as there are many things a good Governour ought not to attempt ; so ought he not to desist , or give over an Enterprize once begun and taken in hand . Therefore his Character is One daring in his person , close to his purpose , firm to his dependencies , of a deep and large soul ; who looked upon the chargeable War in Ireland as an equal remedy against a worse in England , to the letting of blood in one part , against the effusion of it in another● and advised the bestowing of Church-lands among the Nobility of both Perswasions in Ireland as in England , who would then hold their Religion with their Land , in Capi●e , and stick to the Queen as the great support of both , against all pretenders , whom then most would v●gorously oppose , and all would fairly leave . Observations on the Life of Sir Thomas Roper . SIr Thomas Roper , servant to Queen Elizabeth , was born in Friday-street in London ; whose Grandfather was a younger son of the house of Heanour in Derbyshire . He going over into the Low Countries , became Page to Sir John ●orrice , and was Captain of a Foot-company at sixteen years of Age. What afterwards his Martial Performances were , will appear by the following lines transcribed out of the Originall of his Patent . Whereas Thomas Roper Knight , one of our Privy-Councellours of the Kingdome of Ireland , long since hath been known unto us famous , with the splendour of his warlike Vertue ; as who by the many Atchievements valiantly performed by him in the late War of this Kingdome , hath gained the eminent Repute both of a stout Souldier , and a discreet Commander ; whose Valour chiefly appeared in his Retreat near le Boyle in our Province of Connaught , where with very few horse he undauntedly charged great troops of the horse of the Enemy , who in a h●●tile manner forraged ●he very bowels of the Kingdome ; and by his wisdome made such a singular retreat , that he not onely saved himself and his men , but also delivered the whole Army from great danger , and slew very many of his Enemies . Who also when our Province of Vlster was all on fire with war , being one out of many , was for the tryed Resolution of his mind , chosen by the Right honourable the Earl of Essex , then General of the Army , to undertake a Duel with Makal , and declined not to expose himself to the appointed Duel . And also when the aforesaid Thomas Roper in the late war in the Kingdome of France at Brest , by exposing himself to the greatest perils , and shedding of his own blood , demonstrated his Courage to be unconquerable . Who also in the Voyage to Portugal , behaved himself valiantly and honourably : as also at Bergen in the Netherlands , when it was besieged by the Spaniards , approved himself a young man of invincible Valour in the defence thereof . Who also in the day wherein Kinsale was assaulted , was placed in the first Rank , nearest of all unto the Town ; and with no less Success than Valour , to the great safety of the whole Army , beat back , and put to flight the Spaniards , who in the same day made several Sallies out of the Town . Know therefore , that we , in intuition of the Premises , have appointed the aforesaid Thomas Rope● Knight , &c. Then followeth his patent , wherein King Charles the first , in the third of his Reign , created him Baron of Bauntree , and Viscount Baltinglass in Ireland . He was a principal means to break the hearts of the Irish Rebels : for wh●re●s for●erly the E●glish were loa●ed with their own Cloaths , s● that their ●●ipping into Bogs did make them , and the clopping of their breeches did keep them prisoners therein ; he first , being then a Commander , put himself into Irish Trouzes , and was imitated first by all his Officers , then Souldiers ; so that thus habited , they made the more effectual execution on their enemies . He died at Ropers Rest , anno Dom. 164. and was buried with Anne his Wife ( Daughter to Sir Henry Harrington ) in St. Johns Church in Dublin . Observations on the Life of Sir Henry Umpton . SIr Henry Umpton was born at Wadley in Barkshire He was son to Sir Edward Umpton , by Anne ( the Relict of John Dudley Earl of Warwick , and ) the eldest Daughter of Edward Seymour Duke of Somerset . He was employed by Queen Elizabeth Embassador into France ; where he so behaved himself right stoutly in her behalf , as may appear by this particular , In the moneth of March , anno 1592 , being sensible of some injury offered by the Duke of Guise to the Queen of England , he sent him this ensuing Challenge . For as much as lately in the Lodging of my Lo●d Du Mayne , and in publick elsewhere , impudently , indiscreetly , and over-boldly you spoke badly of my Soveraign , whose sacred person here in this Country I represent : To maintain both by word and weapon her honour , ( which never was called in question among people of honestly and vertue ) I say , you have wickedly lyed in speaking so basely of my Soveraign ; and you shall do nothing else but lye , whensoever you shall dare to tax her honour : Moreover then her sacred person ( being one of the most compleet and vertuous Princess that lives in this world ) ought not to be evil spoken of the tongue of such a per●idious Traytor to her law and Country as you are . And hereupon I do defie you , and challenge your person to mine , with such manner of Arms as you shall like or chuse , be it either on horse-back or on foot . Nor would I have you to think any inequality of person between us , I being issued of as great a Race and Noble house ( every way ) as your self . So a●signing me an indifferent place , I will there maintain my words , and the lye which I gave you , and which you should not endure if you have any courage at all in you . If you consent not to meet me hereupon , I will hold you , and cause you to be generally held one of the arrantest Cowards , and most slanderous Slave that lives in all France . I expect your answer . I find not what Answer was returned . This Sir Henry dying in the French Kings Camp before Lofear , had his Corpse brought over to London , and carried in a Coach to Wadley , thence to Farington , where he was buried in the Church on Tuesday the eighth of July 1596. He had allowed him a Barons Hearse , because he died Ambassadour Leiger . Observations on the Life of the Earl of Essex . IT is observed , that the Earl of Essex had his In●roduction to favour by the Lord of Leicester , who had married his Mother ; a tye of Affinity . This young Lord was a most goodly person , in whom was a kind of Urbanity , or innate Cou●tesie , which both won the Queen , and too much took upon the people , to gaze upon the new-adopted son of her favour . He was noted even of those that truly loved and honoured him , for too bold an Ingrosser both of Fame and Favour . Having upon occasion left the Court for a while , he gave a fair opportunity for his foes to undermine him ; so that he lived a mixture between Prosperity and Adversity ; once very great in her favour , which was afterwards lost , for want of consideration and cunningness . He was raised by Leicester to poize Rawley , as Rawley was by Sussex to check Leicester . Indeed pity first opened the door to him for his Fathers sake that died in Ireland , Alliance led him in for his Father-in-laws sake a that reigned at Court. His own Royal blood welcomed him for his Mother Knowles , that was kin to her Majesty ; his good parts , his tall and comely personage , his sweet disposition , and incomparable nature ; his noble Ancestors , his fair , though impaired fortune , brought him first to favour , and then to dalliance . He was a Maste●-piece of Court and Camp ; his Beauty ennamelling his Valour , and his Valour being a foile to his Beauty ; both drawing those noble respects of love and honour ; both awing , both endearing . It was his Nobleness that ●e distrusted none , it was his Weakness that he trusted all ; whereby he suffered more from those that should hav● been his friends , than from them who were his enemies . Good Man ! his ruine was , that he measured other breasts by his own ; and that he thought mankinde was as innocent as his own person . His merit gained applause , and his Parasites swelled it to Popularity ; and the last enjealousied that majesty which the first had obliged . His youthful and rash Sallies abroad , gave too much opportunity to his enemies whispers , and too visible occasions for her Majesties suspicion , that he was either weak , and so not to be favoured● or dangerous , and so to be suppressed . Absence makes Princes forget those they love , and mistrust those they fear . Exact Correspondence is the sinew of private and of publick friendship . So great a master he thought himself of his Soveraigns affection , that he must needs be master of himself , and steal to France without leave , where , said the Queen , he might have been knocked on the head as Sidney was . His Journey to France was not more rash , than his Voyage to Cales was renowned ; yet the one gave the Envious arguments of his disobedience , and the other of his Disloyalty ; his enemies suggesting , that in the first he contemned his mistress , and that in the second he had a designe upon her . His Action at Cales was applauded ; but his Triump●s were too solemn , his Panegyric●s too high , his Train t●o Princ●ly , his H●n●u●s a●d Knigh●hoods too cheap , his Popularity too much affected , and his ear more open to● hear what he had done ● t●an what he was . If his Manhood had been as slow as his b Youth , he had been moderate : if his Life had answered his c education , he had been patient : if his Eye had been as open upon his enemies , as his Ear to his f●iends , he had been cautious ; if he had been as happy in his constant converse , as he w●s obliging in his first address , he had been a Prince : if he had had either less Fortune , or a greater Soul ; eith●r l●ss of the Dove , or more of the Serpent , he had bid fair for a Crown ; or at least had saved his Head. The people wished him well , but they are unconstan● ; the Queen loved him , but she is jealous : his followers are numerous , but giddy ; affectionate , but ill advice : his enemies are few , but w●tchful on all occasions : for is he pleased ? they swell it to pride and vain imaginations : is he crossed ? they improve it to discontent and sedition . An Army must be sent against Tyrone ; he is not willing that any other should lead it , and unwilling to lead it himself ; yet over he goeth fatally : for the service was knotty , and his disposition smooth ; his power was large , but that with as large a minde intangled him : his Army was great , but that meeting with a great designe , precipitated him : his Title to the Crown was defended , but that lost him his head . He had exact advices from friends , especially f●om Sir Francis Bacon ; and great directions from his Prince , but he followed his own : when he should have fought the main body of his enemy , he skirmisheth their Forlorns ; when he should have returned with a noble Conquest , he stole home aft●r a suspitious Trea●y : the Royal Checks that ●hould have instructed , incenseth him ; and what was designed a chastisement , he turns to a ruine Beloved he is of the people , but that aggravateth● his rashness ; flattered by Courtiers , but that swelleth his humour : followed he is by the discontented of Church and State , but that increaseth the jealousie : ill advised he is by heady Cuffe and Meyriche , and that hasteneth his fall : humbled he is by the advancement of his Rivals , and that enrageth hi● : easie and open was his Nature ; close , ●ctive , and vigilant his Enemies . Valiant he was , but therefore feared ; Noble and obliging to all hop●ful men , and therefore watched . A great Party he had , but they had no Head : A Minion he was at once to Prince and People , but he had no Balance . A man of great pe●formances , but no designe : One that had too much Religion and Fidelity to be a Traytor , too good a Nature to be safe , too much presumption on affections when absent to be steady . He presumed too much on his own stren●●h , or his friends wi●dome , whe he came out of Ireland ; he was too much wrought upon by his enemies when he came to London , which had too much to lose to hazard a Rebellion ; and went not to Wales , where his fathers and his own goodness had engaged 1000 Lives and Fortunes . In a word , Leicester's reservedness , Bacon's stayedness , Sir Robert Cecil's humility , Sir F●lke Grevil's mod●sty , added to his parts and presence , his valour and liberality , his good nature and large heart : his favour with his Prince , and popularity with the su●jects , had raised him to a capacity with the great Earl of Warwick , to set the English Crown on what head he pleased ; although it was the universal opinion , he had no other ambition than to set it on King Iames his head , which it belonged to , with his own hands : his designe was well principled , but not well moulded ; he had many hands , but no able heads : his corre●pondence was universal , but not firm and exact● his Na●ure was active , but impatient ; his ●nterest was popular , not throughly understood ; he neither comprehending the Inclina●ions of the Kingdome in gross in Parliament , nor in the retayl in its particular divisions . The Catholicks might h●ve been his , but he was too good-natured to cajole them : the State was well inclined , but effeminate after so long prosperity . Hope of pardon sent him to his grave with more silence than was expected from him , and the peoples regret ; and with more sorrow than became a Q●een or her Kingdomes safety . His party was too needy , and their counsels too violen● . Ambition and good Nature are incompatible : Others counsels are never so faithful as our own . When we hear others advice , let our reason j●dge of it : when great , be wary ; when successful , reserved ; when rising , stayed ; especially in that Age when men were poysoned with Oyl , and undone with Honey : when active , modest ; when checked , yeilding ; when dandled , distrust●ul ; when flattered , fea●ful ; when great , not absolute , ( ●s my Lord would have been in point of favour against my Lord Mountjoy , and valour against my L●rd Norris . ) Serve not your Followers , but employ them : Let others service administer to your designe , not your power to theirs : Let great Actions encourage greater ; and let honour be your merit , and not your expectation . Some have been busie in the enquiry of what reason the Virgin-Queen had for her kindness to Leicester and this man , ( if there be a reason in any , much less in Royal love , save the affection its self that bears it ) true , he had Vertue and suffering enough at his first arrival to engage the kindness and the pity of a worse Princess : yet some then discoursed of a Conjunction of their Stars that made way for that of their minds . Certainly ( saith Cambden ) the inclination of Princes to some persons , and their disfavour towards others , may seem fatal , and guided by higher Powers . A Parallel between the Earl of Essex and the Duke of Buckingham , by H. W. THe beginning of the Earl of Essex I must attribute wholly , or in great part to my Lord of Leicester ; but yet as an Introducer or supporter , not as a Teacher : for as I go along , it will easily appear , that he neither lived nor died by his Di●cipline . Always certain it is , that he drew him first into the fatal Circle from a kinde of resolved privateness at his house at Lampsie , in South-wales ; where , after the Academical life , he had taken such a taste of the Rural , ( as I have heard him say ) and not upon any flashes or fumes of Melancholy , or traverses of discontent , but in a serene and quiet mood , that he could well have bent his mind to a retired course . About which time , the said Earl of Leicester bewrayed a meaning to plant him in the Queens favour : which was diversly interpreted by such as thought that great Artizan of Court to do nothing by chance , nor much by affection . Some therefore were of opinion , that feeling more and more in himself the weight of time , and being almost tired ( if there be a sa●iety in power ) with that assiduous attendance , and intensive circumspection which a long-indulgent fortune did require , he was grown not unwilling , for his own ease , to bestow handsomely upon another some part of the pains , and perhaps of the envy . Others conceived rather , that having before for the same ends brought in , or let in Sir Walter Rawleigh , and having found him such an Apprentice as knew well enough how to set up for himself , he now meant to allie him with this young Earl , who had yet taken no strong impressions . For though the said Sir Walter Rawleigh was a little before this , whereof I now speak by occasion , much fallen f●om his former splendour in Court : yet he still continued in some lustre of a favoured man , like billows that sink by degrees , even when the wind is down that first stirred them . Thus runs the discourse of that time at pleasure ; yet I am not ignorant that there was some good while a very stiff aversation in my Lord of Essex from applying himself to the Earl of Leicester , for what secret conceit I know not ; but howsoever , that humour was mollified by time , and by his mother ; and to the Court he came under his Lord. The Duke of Buckingham had another kinde of Germination ; and surely had he been a plant , he would have been rec●oned amongst the Sponte Nascentes : for he sprung without any help by a kind of congenial composure ( ●s we m●y term it ) to the likeness of o●r late Soveraign and master of ever blessed memory : who taking him into his regard , taught him more and more to please himself , and moulded him ( as it were ) Platonically to his own Idea ; delighting first in the choice of the Materials , because he found him susceptible of good form ; and afterward by degrees , as great Architects use to do , in the workmanship of his Regal hand : nor staying here , after he had hardned and polished him about ten years in the School of observance , ( for so a Court is ) and in the furnace of tryal about himself , ( for he was a King could peruse men as well as Books ) he made him the associate of his Heir apparent , together with the new Lord Cottingto● ( as an adjunct of singular experience and trust ) in forraign travels , and in a business of love , and of no equal hazard ( if the tendern●ss of our zeal did not then deceive us ) enough ( the world must confess ) to kindle affection even betwixt the distantest conditions ; so as by the various and inward conversation abroad , ( besides that before and after at ●ome ) with the most constant and best-natured Prince , Bona si sua norint , as ever England enjoyed , ●his Duke becomes now secondly seized of favour , as it were by descent , ( though t●e condition of that estate be no more than a Tenancy at Will , or at most ●or the life of the first Lord ) and rarely transmit●ed : which I have briefly set down , without looking ●eyond the vail of the Temple , I mean into the secret of high inclinations ; since even Satyrical Poets , ●who are otherwise of so licentious fancy ) are in this ●oint modest enough to confess their ignorance . Nescio quid certe est quod me tibi temperet Astrum . And these were both their Springings and Imprimings , as I may call them . In the profluence or proceedings of their fortunes , I observe likewise not onely much difference between them , but in the Ea●l not a little from himself . First , all his hopes of advancement had like to be st●angl●d almost in the very Cradle , by throwing himself into the Portugal Voyage without the Queens consent , or so much as her knowledge ; whereby he l●ft his Friends and Dependents near six months in desperate suspense what would become of him . And to speak truth , not without good reason : For first , they might well consi●er , That he was himself not well plumed in favour for such a ●light : besides , that now he wanted a Lord of Leicester at home ( for he was dead the year before ) to smooth his absence , and to quench the practices at Court. But above all , it lay open to every mans discourse , that though the bare offence to his Soveraign and Mistress was too great an adventure , yet much more when she might ( as in this case ) have fairly discharged her displeasure upon her Laws . Notwithstanding , a noble report coming home before him , at his return all was clear , and this excursion was esteemed but a Sally of youth . Nay , he grew every day more and more in her gracious conceit : whether such intermissions as these do sometimes foment affection ; or that having committed a fault , he became the more obsequious and plyant to redeem it ; or that she had not received into her Royal Breast any shadows of his popularity . The●e was another time long after , when Sir Fulke Grevil , ( late Lord Brooke ) a man in appearance intrinsecal with him , or at the least admitted to his Melancholy hours , either belike espying-some weariness in the Queen ; or perhaps , with little change of the word , though more in the danger-some marks towards him , and working upon the present matter , ( as she was dexterous and close ) had almost super-induced into favour the Earl of Southampton ; which yet being timely discovered , my Lord of Essex chose to evaporate his thoughts in a Sonnet ( being his common way ) to be sung before the Queen , ( as it was ) by one Hales , in whose voyce she took some pleasure ; whereof the complot me thinks had as much of the Hermit as of the Poet : And if thou should'st by Her be now forsaken , She made thy Heart too strong for to be shaken . As if he had been casting one eye back at the least to his former retiredness . But all this likewise quickly vanished , and there was a good while afer fair weather over-head . Yet still , I know not how , like a gathering of Clouds , till towards his latter time , when his humours grew tart , as being now in the Lees of favour , it brake forth into certain suddain recesses ; sometimes from the Court to Wansteed , otherwhiles unto Greenwich , often to his own Chamber , Doors shut , Visits forbidden ; and which was worse , divers contestations ( between ) with the Q●een her self , ( all preambles of ruine ) wherewith though now and then he did wring out of her Majesty some petty contentments , ( as a man would press sowre Grapes ) yet in the mean time was forgotten the counsel of a wise , and then a Prophetical Friend , who told him , that such courses as those were like hot Waters , which help at a pang , but if they be too often used , will spoil the stomack . On the Dukes part , we have no such abrupt strains and precipees as these , but a fair , fluent and uniform course under both Kings : And surely , as there was in his natural Constitution a marvellous equality , whereof I shall speak more afterwards ; so there was an image of it in his Fortune , r●nning ( if I may borrow an ancient comparison ) as smoothly as a numerous Verse , till it meet with certain Rubs in Parliament , whereof I am induced by the very subject which I han●le , to say somewhat , so far as shal concern the difference between their times . WHen my Lord of Essex stood in favour , the Parliaments were calm : nay , I find it a true observation , that there was no impeachment of any Nobleman by the Commons from the Reign of King Henry the sixth , until the eighteenth of King Iames , nor any intervenient preced●nt of that nature ; not that something or other could be wanting to be said , while men are men : For not to go higher , we are taught easily so much by the very Ballads and Libels of Leicestrian time . But above the aforesaid year , many young ones being chosen into the House of Commons more than had been usual in great Councils , ( who though of the weakest wings , are the highest Flyers ) there arose a certain unfortunate and unfruitful Spirit in some places ; not sowing , but picking at every stone in the field , rather than tending to the gene●al harvest . And thus far the consideration of the Nature of the Time hath transported me , and the occasion of the subject . Now on the other side , I must with the like liberty observe two weighty and watchful Sollicitudes , ( as I may call them ) which kept the Earl in extream and continual Cau●ion , like a bow still bent , whereof the Dukes thoughts were absolutely free . First , he was to wrestle with a Queens declining , or rather with her very setting Age , ( as we may term it ) which , b●sides other respects , is commonly even of it self the more umbratious and apprehensive , as for the most part all Horizons are charged with certain vapours towards their evening . The other was a matter of more Circumstance , standing thus , viz. All Princes , especially those whom God hath not blessed with natural issue , are ( by wisdome of State ) somewhat shie of their Successors ; and to speak with due Reverence , there may be reasonably supposed in Queens Regnant , a little proportion of tenderness that way , more than in Kings . Now there were in Cou●t two names of Power , and almost of Affection , the Essexian and the Cecilian , with their adherents , both well enough enjoying the present , and yet both looking to the future ; and therefore both holding correspondency with some of the principals in S●otland , and had r●c●ived advertisements and instructions , either from them , or immediately from the King as induciat Heir of thi● I●perial Crown . But lest they migh● detect one another , this was mysteriously carried by several instruments and conducts , and on the Essexian side , in truth , with infinite hazard : For Sir Robert Cecil who ( as Secretary of State ) did dispose the publick Addresses , had prompter and safer conveyance ; whereupon I cannot but relate a memorable passage on either part , as the st●ry following shall declare . The E●rl of Essex had accommodated Master Anthony Bacon in par●ition of his house , and had assigned him a noble entertainment . This was a Gentleman of impot●nt feet , but a nimble head ; and through his hand run all the intelligences with Scotland : who being of a provident nature , ( contrary to his brother the Lord Viscount Saint Albans ) and well knowing the advantage of a dangerous secret , would many times cunningly let fall some words , as if he could amend his Fortunes under the Cecilians , ( to whom he was near of alliance , and in blood also ) and who had made ( as he was not unwilling should be believed ) some great proffers to win him away : which once or twice he pressed so far , and with such tokens and signes of apparent discontent to my Lord Henry Howard , afterwards Earl of Northampton , ( who was of the party , and stood himself in much Umbrage with the Queen ) that he flees presently to my Lord of Essex , ( with whom he was commonly primae admissionis ) by his bed-side in the morning , and tells him , that unless that Gentleman were presently satisfied with some round sum , all would be vented . This took the Earl at that ●ime ill provided , ( as indeed oftentimes his Coffers were low ) whereupon he was fain suddenly to give him Essex-house ; which the good old Lady Walsingham did afterwards dis-engage out of her own sto●e with 2500 pound ; and before , he ha● distilled 1500 pound at another time by the s●me skill . So as we rate this one secr●t , as it was finely car●ied , at 4000 pounds in present money , besides at the least 1000 pound of annual p●nsion to a private and bed-rid Gentleman : What would he have gotten if he could have gone about his own business ? There was another accident of the same nature on the Cecilian side , much more pleasant , but less chargeable , for it cost nothing but wit. The Queen having for a good while not heard any thing from Scotland , and being thi●sty of news , it fell out that her Majesty going to take the air towards the heath , ( ●he Cou●t being then at Greenwich ) and Master Secretary Cecil then attending her , a Post came crossing by , and blew his Horn : The Queen out of curiosity asked him from whence the Dispatch came ; and being answered , from Scotland ; she stops her Coach , and calleth for the Packet . The Secretary , though he knew there were some Letters in it from his Correspondents , which to discover , were as so many Serpents ; yet made more shew of diligence than of doubt to obey ; and asks some that stood by ( forsooth in great haste ) for a Knife to cut up the Packet , ( for otherwise he might perhaps awak●d a little apprehension ) but in the mean time approaching with the Packet in his hand , at a pretty distance from the Queen , he telleth her it look●d and smelt ill-favouredly coming out of a fil●●y Budget , and that it should be fit first to open and air it , because he knew she was averse from ill Scents . And so being dismissed home , he got leisure by thi● seasonable shift , to sever what he would not have seen . These two accidents precisely true , and known to few , I have reported as not altogether extravagant from my purpose , to shew how the Earl stood in certain perplexities , wherewith the Dukes days were not distracted . And this hath been the Historical part ( as it were ) touching the difference between th●m in the rising and flowing of their fortunes . I will now consider their several Endowments both of Person and Mind , and then a little of their Actions and Ends. The Earl was a pretty deal the taller , and much the stronger , and of the abler body : but the Duke had the neater limbs , and free delivery : he was also the uprighter , and of the more comely motions : for the E●rl did bend a little in the neck● , though rather forwards than downwards : and he was so far from being a good Dancer , that he was no graceful Goer . If we touch particulars , the Duke exceeded in the daintiness of his leg and foot , and the Earl in the incomparable fairness and fine shape of his hands ; which ( though it be but feminine praise ) he took from his Father : for the general Air , the Earl had the closer and more reserved Countenance , being by nature somewhat more cogitative , and ( which was strange ) never more than at meals , when others are least : Insomuch , as he was wont to make his observation of hims●lf , that to solve any knotty ●usiness which cumbred his mind , his ablest hours were when he had checked his first appetite with two or three morsels , after which he sate usually for a good while silent : yet he would play well and willingly at some games of greatest a●tention● which shewed , that when he listed he could license his thoughts . The Duke on the other side , even in the midst of so many diversions , had continually a very pleasant and vacant face , ( as I may well call it ) proceeding no doubt from a singular assurance in his temper . And yet I must here given him a rarer Elogie , which the malignest eye cannot deny him , That certainly never man in his place and power , did entertain greatness more familiarly , nor whose looks were less tainted with his felicity ; wherein I insist the rather , because this in my judgement was one of his greatest Vertues and Victories of himself . But to proceed : in the attiring and ornament of their bodies , the Duke had a fine and unaffected politeness , and upon occasion costly , as in his Legations . The Earl as he grew more and more attentive to business and matter , so less and less curious of cloathing : insomuch , as I do remember , those about him had a conceit , that possibly sometimes when he went up to the Queen , he might scant know what he had on : for this was his manner : His Chamber being commonly stived with Friends or Sui●ers of one kinde or other ; when he gave his legs , arms , and breast to his ordinary servants to button and dress him with little heed , his head and face to his Barbour , his eyes to his letters , an● ears to Petitioners , and many times all at once , then the Gentleman of his Robes thro●ing a cloak over his shoulders , he would make a step into his Closet , and after a short prayer , he was gone : only in his Baths , he was somewhat delicate . For point of diet and luxury , they were both inordinate in their appetites , especially the Earl , who was by nature of so different a taste , that I must tell a rare thing of him ( though it be but a homely note ) that he would stop in the midst of any physical Potion , and after he had licked his lips , he would drink off the rest ; but I am weary of such slight Animad versions . To come therefore to the inward furniture of their minds , I will thus much declare . The Earl was of good Erudition , having been placed at study in Cambridge very young by the Lord Burleigh his Guardian , with affectionate and deliberate care , under the oversight of Doctor Whitgift , then master of Trinity Colledge , and after Archbishop of Canterbury ; A man ( by the way ) surely of a most reverend and sacred memory , and ( as I may well say ) even of the Primitive temper , when the Church in lowliness of temper did flourish in high examples , which I have inserted as a due recordation of his vertues , having been much obliged to him for many favours in my younger time . About sixteen years of his age ( for thither he came at twelve ) he took the formality of master of Arts , and kept his publick Acts. And here I must not smother what I have received by constant Information , that his own Father dyed with a very cold conceit of him , some say through the affection to his second son Walter Devereux , who was indeed a diamond of the time , and both of an hardy and delicate temper and mixture : But it seemes , this Earl , like certain vegetables , did ●●d and open slowly ; Nature sometimes delighting to play an after-game as well as Fortune , which had both their turnes and tides in course . The Duke was Illiterate , yet had learned at Court , first to ●i●t and question well , and to supply his own defects by the drawing or flowing unto him of the best Instruments of experience and knowledge , from whom he had a sweet and attractive manner , to suck what might be for the publick or his own proper use ; so as the less he was favoured by the Muses , he was the more by the Graces . To consider them in their pure Naturals , I conceive the Earls Intellectuall faculties to have been his stronger part , and in the Duke his Practical . Yet all know , that he likewise at the first was much under the expectation of his after● proof ; such a sudden influence therein had the Soveraign aspect . For their Abilities of discourse or pen , the Earl was a very acute and sound speaker when he would intend it ; and for his Writings , they are beyond example , especially in his familiar Letters and things of delight at Court , when he would admit his serious habits , as may be yet seen in his Impresses and inventions of entertainment ; and above all , in his darling piece of love , and self-love ; his Stile was an elegant perspicuity , rich of phrase , but seldome any bold Metaphors , and so far from Tumor , that it rather wanted a little Elevation . The Dukes delivery of his mind I conceive not to be so sharpe as solid and grave , not so solid and deep as pertinent , and apposite to the times and occasions . The Earl I account the more liberal , and the Duke the more magnificent ; for I do not remember that my Lord of Essex in all his life-time did build or ado●ne any house , the Queen perchance spending his time , and himself his meanes , or otherwise inclining to popular ways ; for we know the people are apter to applaud hous-keepers , than hous-raisers . They were both great cherishers of Scholars and Divines ; but it seems , the Earl had obtained of himself one singular point , that he could depart his affection between two extreams : for though he bare always a kind of filial reverence towards Dr. Whit gift , both before and after he was Archbishop ; yet on the other side , he did not a little love and tender Master Cartwright , though I think truly , with la●ge distinction between the persons and the Causes , howsoever he was taxed with other ends in respecting that party . They were both fair-spoken Gentlemen , not prone and eager to detract openly from any man ; in this the Earl hath been most falsly blemished in our vulgar Story : only against one man he had forsworn all patience , namely Henry Lord Cobham , and would call him ( per Excellentiam ) the Sycophant ( as if it had been an emblem of his name ) even to the Queen herself , though of no small insinuation with her ; and one Lady likewise ( that I may civilly spare to nominate , for her sex sake ) whom he used to terme the Spyder of the Court : yet generally in the sensitive part of their Natures the Earl was the worse Philosopher , being a great Resenter and a weak Dissembler of the least disgrace : And herein likewise , as in the rest , no Good Pupill to my Lord of Leicester , who was wont to put all his passions in his pocket . In the growth of their Fo●tunes , the Duke was a little the swifter , and much the greater ; for from a younger brothers mean estate , he rose to the highest degree whereof a Subject was capable either in Title or Trust. Therein I must confess much more consortable to Charles Brandon under Henry the Eight , who was equal to him in both . For matter of Donative and addition of substance , I do not believe that the Duke did much exceed him , all considered , under both Kings . For that which the Earl of Essex had received from her Majesty , besides the Fees of his Offices and the disposition of great Summes of money in her Armies , was ( about the time of his Arraignment , when faults use to be aggravated with precedent benefits ) valued at three hundred thousand pounds sterling in pure gift for his onely use , to the Earl of Dorset then Lord Treasurer ; who was a wise man , and a strict Computist , and not ill affected towards him . And yet it is worthy of note in the Margent of both Times , that the one was prosecuted with silence , and the other with murmur ; so undoing a measure is popular judgement . I cannot her omit between them a great difference in establishing of both their Fortunes and Fames . For the first , the Duke had a care to introduce into neer place at the Court divers of his confident Servants , and into high places very sound and grave Personages . Whereas , except a Pensioner or two , we can scant name any one man advanced of the E●rls breeding , but Sir Thomas Smith , having been his Secretary , who yet came never further ( though married into a noble house ) than to the Clerk of the Councell , and Register of the Parliament : not that the E●rl meant to stand alone like a Substantive ( for he was not so ill a Grammarian in Court ; ) but the Truth is , in this point the Cecilians kept him back , as very well knowing , that upon every little absence or disassiduity , he should be subject to take cold at his back . For the Other , in managing of their Fames , I no●e between them a direct contrary wisdome ; For the Earl proceeded by way of Apology , which he wrote and dispersed with his own hands at large , though till his going to Ireland they were but airy objections . But of the Duke this I know , that one hav●ng offered for his ease to do him that kinde of Service ; He refused it with a pretty kinde of thankful scorn , saying , that he would trust his own good intentions which God knew , and leave to him the pardoning of his Errours ; and that he saw no fruit of Apologies , but the multiplying of discourse : wh●ch surely was a wel-setled Maxime . And for my own particular ( though I am not obnoxious to his memory ) in the expression of Tacitus , Neque injuria , neque beneficia , sa●ing that he shewed me an ordinary good Countenance : And if I were , yet I would distinguish between Gratitude and Truth . I must bear him this Testimony , that in a Commission laid upon me by Soveraign Command to examine a Lady about a certain filthy accusation grounded upon nothing but a few-single names taken up by a Footman in a kennel , and straight baptized , A list of such as the Duke had appointed to be poysoned at home , himself being then in Spain ; I found it to be the most malicious and frantick surmise , and the most contrary to his nature that I think had ever been brewed from the beginning of the World , howsoever countenanced by a Libellous Pamphlet of a fugitive Physician even in Print ; and yet of this would not the Duke fuffer any answer to be made on his behalf , so constant he was to his own principles . In their Military services the Characters of the Earls imployments were these , viz. His forwardest was that of Portugal , before mentioned . The saddest , that of Roan , where he lost his brave Brother . His fortunatest peice I esteem the taking of Cadiz Malez , and no less modest ; for there he wrote with his own hands a censure of his Omissions . His jealousest imployment was to the relief of Calais besieged by the Cardinal Arch-duke : about which , there passed then between the Queen and t●e French King much A●t . His Voiage to the Azores was the best , for the discovery of the Spanish weakness , and otherwise almost a saving Voiage . His blackest was that to Ireland , ordained to be the Sepulchre of his Father , and the Gulph of his own Fortunes . But the first in 88 , at Tilbury-camp , was in my judgement the very poyson of all that followed ; for there whilest the Queen stood in some doubt of a Spanish Invasion ( though it proved but a Morrice-dance upon our Waves ) she made him in Field Commander of the Cavalry ( as he was before in Court ) and much graced him openly in view of the Souldiers and people , even above my Lord of Leicester : the truth is , from thenceforth he fed too fast . The Dukes employment abroad in this nature , was onely in the Action of the Isle of Reez , of which I must note somewhat for the honour of our Country , and of his Majesties times , and of them that perished and survived , and to redeem it generally from mis-understanding . Therefore after enquiry amongst the wisest and most indifferent men ; of that Action , I dare pronounce , that all Circumstances pondered , A tumultuary banding on our part , with one thousand in the whole on theirs ready to receive us with two hundred horse , with neer two thousand foot , and watching their best time of advantage , none of their foot discovered by us before , nor so much as suspected , and onely some of their Horse descried stragling , but not in any bulk or body : their Cavalry not a Troop of Eascoignors mounted in haste , but the Greater part Gentlemen of Family , and of pickt Resolution , and such as charged home both in Front and on both Flanks into the very Sea ; about sixscore of their two hundred horse strewed upon the Sand , and none of them but one killed with a great shot ; and after this their foot likewise coming on to charge , till not liking the business they fell to flinging of stones , and so walked away : I say , these things considered and laid together , we have great reason to repute it a great impression upon an unknown place , and a noble argument that upon occasion we have not lost our ancient vigour . Only I could wish that the Duke who then in the animating of the souldiers shewed them very eminent assurance of his valour , had afterwards remembred that rule of Apelles , Manum de Tabula . But he was greedy of honour , and hot upon the publique ends , and too c●nfident in the prosperity of beginnings , as somewhere Polybius , hat great Critique of war , observeth of young Leaders whom fortune hath not before deceived . In this their military care and dispensation of reward and punishment , there was very few remarkeable occasions under the Duke , saving his continuall vigilancie and voluntary hazard of his person , and kindnesses to the Souldiers , both from his own Table and purse ; for there could be few disorders within an Island where the troops had no scope to disband , and the Inferior Commanders were still in ●ight . In the Earl we have two examples of his severity● the one in the Island Voyage , where he threw a Souldier with his own hands , out of a Ship ; the other in Ireland , where he decimated certain troops that ran away , renewing a peice of the Roman Discipline . On the other side , we have many of his Lenitie , and one of his Facility , when he did connive at the bold trespass of Sir Walter Raleigh , who before his arrivall at Fyall , had banded there against his precise Commandment ; at which time he let fall a Noble word , being pressed by one , ( whose name I need not remember ) that at the least he would put him upon a Martial Court : That I would do ( said he ) if he were not my friend . And now I am drawing towards the last Act , which was written in the Book of necessity . At the Earls end I was abroad , but when I came home ( though little was left for Writers to glean● after Judges ) yet , I spent some curiosity to search what it might be that could precipitate him into such a prodigious Catastrophe ; and I must , according to my professed freedome , deliver a circumstance or two of some weight in the truth of that story , which was neither discovered at his arraignment , nor after in any of his private Confessions . There was amongst his nearest attendants one Henry Cuffe , a man of secret ambitious ends of his own , and of proportionate Councels smothered under the habit of a Scholar , and slubbered over with a certain rude and clownish fashion , that had the semblance of integrity . This person not above five or six weeks before my Lords fatall irruption in the City , was by the Earls special Command suddainly discharged from all further attendance , or access unto him , out of an inward displeasure then taken against his sharp and importune infusions , and out of a glimme●ing oversight , that he would prove the very instrument of his Ruine . I must adde hereunto , that about the same time my Lord had received from the Countess of warwick ( a Lady powerful in the Court , and indeed a vertuous user of her power ) the best advice that I think was ever given from either sex ; That when he was free from restraint , he should closely take any out-lodging at Greenwic● , and sometimes when the Queen went abroad in a good humour , ( whereof she would give him notice ) he should come forth , and humble himself before her in the field . This Counsel sunk much into him , and for some days he resolved it : but in the mean time , through the intercession of the Earl of Southampton , whom Cuffe had gained , he was restored to my Lords ear , and so working advantage upon his disgraces , and upon the vain foundation of Vulgar breath , which hurts many good men , spun out the final distruction of his master and himself , and almost of his restorer , if his pardon had not been won by inches . True it is , that the Earl in Westminster-hall did in generall disclose the evill perswasions of this man ; but the particulars which I have related by this dismission and restitution , he buried in his own breast for some reasons apparent enough ; Indeed ( as I conjecture ) not to ●xasperate the Case of my Lord of Southampton , though he might therewith a little peradventure have mollified his own . The whole and true Report I had by infallible meanes from the person himself that both brought the advice from the aforesaid excellent Lady , and carried the discharge to Cuffe , who in a private Chamber was strucken , therewith into a Sound almost dead to the Earth , as if he had fallen from some high steeple ; such Turrets of hope he had built in his own fancy . Touching the Dukes suddain period , how others have represented it unto their Fancies , I cannot determine : for my part , I must confess from my soul that I never recall it to minde without a deep and double astonishment of my discourse and reason . First , of the very horrour and atrocity of the Fact in a Christian Court , under so moderate a Government ; but much more at the impudencie of the pretence , whereby a desperate discontented Assassinate would after the perp●tration have honested a meere private revenge ( as by precedent Circumstances is evident enough ) with I know not what publick respects , and would fain have given it a Parliamentary cover howsoever . Thus these two great Peers were dis-roabed of their Glory , the one by judgement , the other by violence , which was the small distinct on . Now after this short contemplation of their diversities , ( for much more might have been spoken , but that I was fitter for Rhapsody than commentary ) I am lastly desirous to take a Summary view of their Conformities , which I verily believe will be found as many , though perchance heeded by few , as are extant in any of the ancient Parallel . They both slept long in the arms of Fortune : They were both of ancient blood , and of Forraign extraction : They were both of strai● and goodly stature , and of able and active bodies : They we●e both industrious and assiduous , and attentive to their ends : They were both early Privie-Counsellours , and employed at home in the secretest and weightiest affairs in Court and State : They were both likewise Commanders abroad in Chief , as well by sea as by land , both Masters of the ●orse at home , both chosen Chancellours of the same University , namely , Cambridge : They were both indubitable strong and high-minded men ; yet of sweet and accostable nature , almost equally delighting in the press and a●fluence of Dependance and Suiters , which are always the Burres , and sometimes the B●ie●s of Favourites . They were both married to very vertuous Ladies , and sole Heirs , and left issue of either Sex ; and both their Wives converted to contrary Religions . They were both in themselves rare and excellent examples of Temperance and Sobriety , but neither of them of Con●inency . Lastly , after they had been bo●h subject ( as well Greatness and Splendor is ) to certain o●●●quise of their actions : They both concluded their earthly felicity in unnaturall ends , and wi●h n● great distance of time in the space either of Life or Favour . Observations on the Life of Sir J●ffery Fenton . SIr Ieffery Fenton , born in Nottinghamshire , was for twenty ●even years Privy-Counsellour in Ireland to Queen Elizabeth and King Iames ● He translated the History of Francis Gu●●●iardine out of Italian in●o English , and dedicated it to Queen Elizabeth . He deceased at Dubli● , October 19. 1608 , and lyeth b●ried in St. Patrick● Church , under the same Tomb with his Father-in-Law D●ctor Robert Weston , sometimes Chancellour of Ireland . It is an happy age when great m●n do what wise men may write ; an happier , when wise men write what great have done ; the happiest of all , when the same men act and w●ite , being Histories , and composing them too . For these men having a neerer● and more thorow-insight to the great subjects of Annals than men of more distant capacities and fortunes , are the only persons that have given the world the right no●ion of Transactions , when men of lower and more pedan●ique spirits trouble it only with more H●avy Romances . Give me the actions of a Prince transcribed by those Historians who could be instruments , The best History in the world is Caesar's Commentaries , written by him , and translated by Edmonds , with the same spirit that they were acted . Xenophon and Thucydides , whose pens copied their Narratives from their Swords . Tacitus , Malv●zzi , Machiavel , Comines , Moor , Bacon , Herbert and a Burleigh ( who writ the affairs of former Ages with the same judgement that they managed those of their own . ) In a word , an History written by such a Courtier as Guicciardine , and translated by such a Counsellour as Fento● . Diamond onely can cut Diamond , the great onely express the great : a person that hath a sight of the Intelligence , Negotiations , Conferences , and inward transactions of States , i●● one from whom I expect a more exact Chronicl●●●f this age than yet this Nation hath been happy in . Observations on the Life of Doctor Fletcher . GIles Fletcher ( brother to Richard Fletcher Bishop of London ) was born in Kent , as I am credibly a infor●ed . He was bred first in Eaton , then in Kings Colledge in Cambridge , where he became Doctor of Law. A most excellent Po●t ( a quality hereditary to his two sons , Giles and Phineas ) was sent Commissioner into Scotland , Germany , and the Low-Countries , for Queen Eliz●beth , and her Embassador into Russia , Secretary to the City of London , and Master of the Court of Requests , His Russian Embassie to settle the English Merchandise was his Master-piece , to Theodor , Juanowich , Duke of Muscovia . He came thither in a dangerous juncture of time , viz. in the end of the year 1588. First , some Forreiners ( I will not say they were the Hollanders ) envying the free Trade of the English , had done them bad offices . Secondly , a false report was generally believed that the Spanish Armado had worsted the English Fleet , and the Duke of Muscov● , who mea●ured his favour unto the English , by the possisbility he apprehended of their returning it ) grew very sparing of his smiles , not to say free of his frowns on our Merchants residing there . However , our Doctor demeaned himself in his Embassie with such cautiousness , that he not onely escaped the Dukes fury , but also procured many priviledges for our English Merchants , exemplified in * Mr. Hacklui● . Returnng home and being safely arrived at London , he sent for ● his intimate friend Mr. Wayland , Prebendary of St. Pauls , and Senior fellow of Trinity Colledge in Cambridge ( Tutor to my Father , from whose mouth I received this report ) with whom he heartily express'd his thankfulness to God for his safe return from so great a danger ; for the Poets cannot fancy Ulysses more glad to be come out of ●he Den Polyphemus , than he was to be rid out of the power of such a barbarous Prince , who counting himself by a proud and voluntary mistake Emperour of all Nations , cared not for the Law of all Nations , and who was so habited i● blood , that had he cut ●ff this Embassador's head , he and his friends might have sought their own amends ; but the question is , where he would have found it ? He afterwards set forth a book called The Russian Common-wealth , expressing the Government , or Tyranny rather thereof ; wherein ( saith my † Author ) are many things most observable : but Queen Elizabeth indulging the reputation of the Duke of Muscovy as a confederate Prince , permitted not the publick printing of that ; which such who have private Copies , know to set the valuation thereon . Observations on the Life of the Lord Mounjoy . THe Lord Mountjoy was of the ancient Nobi●ity ; as he came from Oxford , he took the Inner Temple in his way to Court , whither no sooner come , but ( without asking ) had a pretty strange kinde of admission . He was then much about twenty years of age , of a brown hair , a sweet face , a most neat composure , and tall in his person ; so that he coming to see the fashion of the Court , was spied out by the Queen , and out of the affection she bare to the very sight of his face , received him into favour : upon the first observation whereof , she professed that she knew there was in him some noble blood . He was one that wanted not wit and courage , for he had very fine attractions ; and being a good Scholar , yet were they accompanied with the re●ractives of bashfulness , and a natural modesty . There was in him an inclination to Arms , with an humour of Travelling : and as he was grown by reading ( whereunto he was much addicted ) to the Theory of a Souldier , so was he strongly invited by his Genius to the Acquaintance of the Practick of the War , which were the causes of his excursions ; for he had a Company in the Low-Countrys , from whence he came over with a noble acceptance of the Queen , but somewhat restless : in honourable thoughts he exposed himself again and again , and would press the Queen with the pretences of visiting his Company so often , that at length he had a flat denyal , and yet he stole over with Sir Iohn Norris , into the action of Britain ; but at last the Queen began to take his Decessions for contempts , and confined his residence to the Court , and her own presence . She was so confident in her own Princely judgement and opinion that she had conceived of his worth and conduct , that she would have this noble Gentleman , and none other , to finish , and bring the Irish War to a propitious end ; which ( not deceiving her good conceit of him ) he nobly atchieved , though with much paines and carefulness . Among the greatest things laid to Queen Elizabeth her charge ( saith the Censurer ) as cast behinde the door of neglect , was the conduct of the Affairs of Ireland ; a place lying all her Halcyon days under so great a contempt , that wise Walsingham thought it no Treason to wish it bu●ied in the Sea , considering the charge it brought : yet she kept the Pale in good order , not suffering the Spanish party to grow more potent in the North , than was convenient to consume his forces , and divert him from nearer and more dangerous attempts . It being impossible for her without being grievous to her people ( a Rock she chiefly studied to avoid ) at one time to maintain so dreadful a Navy at Sea , and foment the Du●ch and French , to whose assistance she was called by a louder necessity , than to render a Nation quite desolate : none being willing during her life to exchange the present government of a natural Princess , for the less happy tyranny of a Vice-Roy ; of which the most did study more their respective Grandeur by extending the War , than the ease of the Inhabitants , and lessening the Queens expence , till the noble Lord Mount-joy , was employed , who had no other design than the conclusion of the Work ; which he had not yet brought about , but that the Spaniards found themselves betrayed through the covetousness and cowardize of the Natives , that for small sums would sell not onely such Forreigners as ●ame to help them , but their nearest Relations . Nor was it possible to reduce them to civility , but by curing the Bogs and Fastnesses , and building castles and Garrisons , which he did ; nor easie to subdue them without that severity to the Priests , which he used ; whom he found exercising such an implicite power over the Peoples consciences● that they could not resolve themselves of their Soveraigns right or Religion . — This for his Irish government : touching his Domestick relaetion ; When Queen Elizabeths favour to Essex ( like a bone by breaches made more firm ) swelled him to such a degree of confidence as frowned on them as enemies that acknowledged not his friendship , or depended not on his favour , to balance him and my Lord Cecil , this gallant Gentleman , and of honourable extraction , was placed in her eye ; many hoping by his application to draw from her heart the affection they thought mortal to them and their design , the whole result concluding in a Duel that raised both in their Mistriss affections , as Champions for her beauty now , and like to be so for her Government . There are some Letters of this noble persons to be seen , I am told , of a plain and equal style becoming a States-man and business ; not seldome yet admitting of several constructions , if of any interpretation at all , where the business related to a thing whose consequence could not easily be seen into . Observations on the Life of Edward Earl of Rutland . A Noble-man , eminent for those several Endowments which single , do exact an entire man. For a person of his quality to be an accurate Critick in , he learned Tongues , and then as a Rhetorician to make all their Graces serve his Eloquence ; to have traversed Ancient , and yet be no Stranger in Modern Writers : to be well versed in the more crabbed Philosophy , and accurate in Politer classick Authors● to be learned in History and Policy , and Master in the Law of the Land , and of Nations . For such a man to have devoured so much and yet digested it , is a rarity in nature , and in diligence , which hath but few examples : yet his speculative knowledge that gave light to the most dark and difficult proposals , became eclipsed by the more dazling lustre of his more practick and experimental prudence ; which together with his alliance to my Lord Burleigh , had voted him to Bromley's place , but that they both sickned in one day , and died in one week ; he leaving these four Advisoes behind him , 1. Be always employed . 2. Look to the Issue . 3. Be furnished with a Friend . And 4. Reflect upon thy self — Vita est in se Reflexio . Observations on the Life of Sir John Smith . HIS Relation to Edward the sixth his Cousin German , was enough to countenance his parts , and his parts ripe and large enough to advance his person . — His gravity could be no where better employed than in Spain , nor his reservedness any where more su●table than in Italy . In Spain his carriage had a great impression upon the King , and his spirit upon the whole Court. For Gasper Quiroga Arch-Bishop of Toledo , inveighing bitterly against the Queen's person , and more against her Title ( Defender of the Faith ) was answered by him with that Wisdom and Prudence , that his Majesty of Spain checked the Arch-Bishop as an Impertinado , as he called him , and hugged Sir Iohn Smith , as a man who had made himself dread●ul , and his Mistriss therefore much more to that Court — ( They who least consider hazard in the doing of their duty , fare best still . ) The surest way to safety , is to have one interest espoused so firmly , as never to be changed . Nor did he this out of a vainer bottome than an observation he made of his Mistrisses resolution , already in despair of procuring good from any milder endeavours than those of power : A signal testimony of the commanding worth this Gentleman had , which extorted a reverence to his person in that very place where his business contracted an Odium . An excellent person he was , in whom honesty of manners strived with Nobi●ity of Birth , and merit with honour ; of a composed and stayed temper , that would say under all temptations to disquiet , Either the thing before us is in our power , or it is not : If it be , why do we not manage it to our content ? If not , why are we discontented , especially since every thing hath two bandles ? If the one prove hot , and not to be touched , we may take the other that is more temperate . Upon which consideration , all private concernments he passed over with a perfect indifference : the world and its Appendages hanging so loose about him , that he never took notice when any part dropt off , or sate uneasily . Observations on the Life of Sir Walter Rawleigh . SIr Walter Rawleigh was well descended , and of good Alliance , but poor in his beginning . He was one so tosted by fortune to and fro , that he was sometimes high , sometimes low , sometimes in a middle condition . He was brought up in the University and Innes of Cour● , but he stayed not long in a place : and being the youngest Brother , and the House diminished in Patrimony , he foresaw his own destiny , that he was first to ●oul ( through want and disability ) before he could come to a repose . He first exposed himself to the Land-service of Ireland ( a Militia ) which then did not yield him food and raiment ; nor had he patience to stay there , ( though shortly after he came thither again ) under the command of the Lord Grey . As for his Native parts , and those of his own acquiring , he had in the outward man a good presence , in a handsome and well-compacted person , a strong natural wit , and a better judgement , with a bold and plausible tongue , whereby he could set out his parts to the best advantage ; and to these he had the adjuncts of some general learning , which by diligence he enforced to a great Augmentation● and Perfection ; for he was an indefatigable Reader , whether by Sea or Land , and none of the least observers both of Men and the Times . Falling from that sudden grace , which he by his parts had gained of the Queen , he went aside for a while , but at his return he came in with the greater strength , and so continued to her last , great in her favour , and Captain of the Guard. His prudence understood his capacity , and his industry served it ; raising his fortune as high as his parts , and his parts as high as his mind . His Motto was , Either dye nobly , or live honorably . Never man prospered , but the resolute , and he that hath awaked an easie , soft , sleepy , or indifferent temper , to the noble adventure of being Caesar , or being none : a disposition meeting a large and capacious soul in this Gentleman , taught him the exact discipline of War in Ireland and the Low-Countries , the great skill of a Sea-man between Europe and America , and a patience as severe in enduring hardship , as his necessity in requiring it . Five hours he slep● , four he read , two he discoursed ; allowing the rest to his business and his necessities : no Souldier fared or lay harder , none ventured further : what is not extraordinary ( he would say ) is nothing : It being the end of all Arts and Sciencies to direct men by certain rules unto the most compendious way in their knowledge and practice : those things of which in our selves we have onely some imperfect confused notions , being herein fully and clearly represented to our view from the discoveries that other men have made , after much study and long experience ; and there is nothing of greater consequence for the advancement of Learning , than to finde out those particular advantages which there are for the shortest way of knowing and teaching things in every profession . There was not an expert Souldier or Sea-man , but he consulted ; not a printed or manuscript , discourse of Navigation or War but he perused ; nor were there exacter rules or principles for both services , than he drew : so contemplative he was ; that you would think he was not active ; so active , that you would say he was not prudent — A great Souldier , and yet an excellent Courtier : an accomplished Gallant , and yet a bookish man ; a man that seemed born for any thing he undertook : his wit brought him to Court , and kept him there ; for there happening a d●fference between him and my Lord Grey , under whom he served in Ireland , which was heard before the Council-Table , Rawleigh stated his case with that clearness , urged his arguments with that ●vidence and reason , offered his Apologies with those pertinent and taking allegations , and his Replies with that smartness ; expressed himself with that flueney and eloquence , and managed his carriage and c●untenance with that discretion , that he was first the States-mens observation , next her Majesties Favourite , and at last her Oracle ; as who was equally happy in his comprehensive discourses to her of her private interest in every part of her government , and in his effectuall Speeches ●o her Subjects in Parliament touching theirs in every part of their duty . Two things he observed in his Mistriss ; 1. That she was penurious in her largesses . 2. That she was choice in her Favourites . Whence he concluded , that there was no good to be done unless he got an estate first , and then a reputation . To the first , we owe his Sea-voyages , when his whole fortune was often put up in one ship● And to the last , his Land-services , when all his expectation depended on one action . Two Rivals he observed , Essex for action , Cecil for counsel : The one he went under abroad , to outvy him ; the other he complyed with at home , to undermine him : but wanting strength , though not parts to be both their Corrivals , he perished , because not thought to own humility enough to be their servants . Cecill indeed was his friend , because Essex was his enemy : but he taught him , That it was more safe at Court to have many enemies of equall power , than one false and ambitious friend , that hath attained to the absoluteness of command : But this he was often heard to say , he did not apprehend , before his Genius had dictated it to him , as he came in a Boat from the execution of the Earl of Essex , which was done at the Tower. — Yet two wayes I finde him getting up : 1. By uncouth projects in Parliament beyond expectation ; which ( though they might oblige his Mistriss ) together with an opinion of his irreligion , lost him with the People . 2. By extraordinary undertakings in Warre beyond his Commission ; which ( though performed to out-do his Generals ) had forfeited his head to their severity and justice , had not his wit complyed with their easiness and goodness . It 's a question among the Curiosoes , whether his often absence from Court was his prudence , or his weakness , it being a quodlibet , whether that distance was a greater allay to his enemies malice , or his Sovereigns love ; while his forreign actions were not so close at her ear to his advantage , as his Adversaries applications to his disparagemtnt . Two things I must needs say are wonderful in him . 1. The dispatch and industry of the former part of his life . 2. The weakness of the latter . Touching the first , he that shall consider his laborious way of study , immers'd in almost infinite reading and observation , to which the running over of innumerable books , and a vast multitude of men was necessary : His Obligations to read not onely common Authors , but all Records , Schemes , and Paper that he could come by : His correspondence with F●iends and Strangers ; his review of his own Papers ( which he sate close to by Sea and Land ) that never passed him without three transcriptions ; his reception of visits , whether of civility , or business , or discourse , which were numerous , and great devourers of his time ; his agency for all sort● of person● ( his interest with his thrifty Mistriss being most part of his pension ) in which capacity he set up a kinde of Office of Address — his Letters , which cost him one day in the week : The time lost upon his misfortunes , which made it necessary for him often to break his great series and method of undertaking . He , I say , that shall compute , and sum up this , the particulars whereof are nakedly told without any straining of the truth , or flourish of expression , must be much to seek how a man of so many actions should write any thing , and one of so many writings should do any thing ; and more , how one of so many fatall diversions could keep up a steady minde for those great , but exact argumen●s that it hath left in the world ; especially when there was one very difficult particular in all his comp●sures , viz. that none of his Discourses with which his H●story or other Books are embellished , passed hi●●xact hand before the most knowing and most learned men in that faculty to which those discou●●●s belonged , had debated them before him● who after their departure s●mmed up all into those excellent pieces now abroad under his name , which I blame not King Iames for envying , being the nearest his own : though I think not that learned Prince of so low a spirit , as out of an impertinent emulation to affect Sir Walter Rawleigh the less , for the great repute that followed him because of his pen ; which being more dangerous than his Sword , I wonder that wise Prince indulged him , especially since that Master H●mpden a little before the Wars was at the charge of transcribing 3452 sheets of his Manuscripts , as the Amanuensis himself told me , who had his cl●se chamber , his fire and candle , with an Attendant to deliver him the Originals , and take his Copies as fast as he could w●ite them . 2. To the second , viz. the weakness of the last part of his life : 1. T●ere was no● a greater reach in that advice of his to the Queen ( when some were for attacq●ing Spain one way , and some another ) to cut off its commerce with the Indies , than there was sho●tness of spirit in tru●●ing the most hopeful part of that expedition to Sir I●hn Burroughs , when he su●k und●r the m●st disastrous himself . Yet 2. That he , when Cap●●in of the Guard , Warden of the Cinq●e-ports , Gov●rnour of Virginia ( a place of his own discovery ) prefe●ments enough to satisfie a regular spirit , should stand on term●s with King Iames against the Law of the Land , the Genius of the Nation , the resolution of the Nobility , and Reason i●●elf ( that knoweth there is no cautions that hold Princes , but their interest and nature ) was a greater infirmity But 3. That he upon the Kings frown for his fo●mer indiscretion upon him , and Cobham , should engage upon so shallow a Treason ( so improbable to hurt others , or benefit themselves , that if ever folly was capable of the title , or pity due to innocence , theirs might claim so large a share as not possible to be too severely condemned , or flightly enough punished ) and that with such week and inconsiderable men , as were rather against the government , than for one another ( Grey being a Puritan , and Cobham a Protestant ) were the g●eatest : but there is one particular more behind ; That he could employ his restraint so well , should ●ye under the justice as well as jealousie of K. James : And knowing that Princes must not pardon any able man that either they have wronged , or that hath wronged them , be so intent upon a foolish liber●y , wherein he lost himself and his in that unhappy voyage of Guiana ; a voyage , that considering King Iames his inclination to the M●tch , his own obnoxiousness to tha● King abroad , and Cecil here for o●structing the Peace with Spain , and Gondamor's vigilance , must needs be as unsuccessful , as it was disgu●●●ul . Methinks he that was of so incomparable a dex●eri●y in his judgement , as the Treasurer grew jealous of his excellent parts , lest he should supplant him ; of so quick and ready apprehension and conduct , that he puzzled the Iudges at Wincheste● : of so good a Head-piece , that it was wished then on the Secretary of State 's shoulders : of so considerable an interest , that notwithstan●ng his fourteen years impr●sonme●t , Princes interceded ●or him , the whole Na●ion pitied him , and King Iames would not execute him without an Apology . And to say no more , of so much magnanimity , that he managed his death with so high and so religious a resolution , as if a Christian had acted a Roman , or rather a Roman a Christian ; might have gone off the world at a higher rate , but that there is an higher power governs wisdome , as invisibly , yet as really as wisdome doth the world ; which when I look back upon my Lord of Essex , I call fate ; but when from him I look forward to Sir ●alter Rawleigh , I believe a providence . He had a good presence in a handsome and well-compacted person , a strong natural wit , a better judgement , with a bold and pla●sible tongue , which set off his parts to the best advantage : to these he had the adjuncts of a general Learning ; which by diligence and experience ( those two great Tutors ) was augmented to a great perfection● being an indefatigable Reader , and having a very retentive memory : before his Iudges at Winchester humble , but not prostrate ; dutiful , yet not deject : to the Iury aff●ble , but not fawning ; hoping , but not trusting in them , carefully perswading them with reason , not distemperat●ly importuning them with conjurations ; rather shewing love of life , t●●n fear of de●th : patient , but not careless ; civil , but not stupid . Observations on the Life of Thomas Sackvil , Lord Buckhurst . HE was bred in the Vniversity of Oxford ; where he became an excellent Poet , leaving both Latine and English Poems of his to posterity . Then studied he Law in the Temple , and took the degree of Barrister ; afterwards he travelled into Forreign parts , was detained for a time a Prisoner in Rome , which he revenged afterwards in the Liberty of his speech at the Powder-Trayto●s Tryal . When his liberty was procured for his return into England , he possessed the vast inheritance left him by his Father , whereof in short time by his magnificent prodigality he spent the greatest part , till he seasonably began to spare , growing neer to the bottome of his Estate . The story goes , that this young Gentleman coming to an Alderman of London , who had g●ined great penny worths by his former Purchases of him , was made ( being now in the wane of his we●l●h ) to wait the coming down of the Alderman so long , that his generous humour being sensible of the incivility of such Attendance , resolved to be no more beholding to VVealthy Pride ; and presently turned a thrifty improver of the remainder of his Estate . But others make him , as abovesaid , the Convert of Queen Elizabeth , ( his Co●sin●German once removed ) who by her frequent Admonitions , diverted the tor●ent of his profusion . Indeed she would not know him , till he began to know himself , and then heaped places of H●nour and Trust upon him , creating him 1● B●ron of B●ck●urst in Suss●x , Anno Dom. 1566. 2. Sending him Amabssador into France , Anno 1571. Into the Law-Countries , Anno Dom. 1576. 3. Making him Knight of the Order of the Garter , Anno 1589. 4. Appointing him Treasurer of England , 1599. He was Chancellour of the University of Oxford , where he entertained Queen Elizabeth with a most sumptuous Feast . He was called the Star-Chamber-●●ll , so very flowing his invention ; and therefore no wonder if his Secretaries could not please him , being a person of so quick dispa●ch , ( faculties which yet run in the blood . ) He took ● Roll of the names of all Sutors , with the Date of their first Addresses , and these in order had their hearing , so that a Fresh-man could not leap over the head of his Senior , except in urgent Affairs of State. Thus having made 〈◊〉 ●nds to his house for his mispent time , both in i●●●ease of Estate and Honour , being created Earl of Dorset by King James , he died on the 19 th of April , 1608. The Lord Buckhurst was of the noble house of the Sackvils , and of the Queens consanguinity ; his Father was that provident and wise man Sir Richard Sackvil , or as the people then called him , Fill-sack , by reason of his great wealth , and the vas● Patrimony which he left to this his son , whereof he spent in his youth the best part , untill the Queen by her frequent admonitions diverted the torrent of his profusion ; he was a very fine Gentleman of person and endowments both of Art and Nature . His elocution is much commended , but the excellency of his Pen more ; for he was a Scholar , and a person of quick faculties , very facete and choice in his phrase and style . He was wise and stout , nor was he any ways insnared in 〈◊〉 factions of the Court , which were all his time very strong . He stood still in grace , and was wholly intentive to the Queens service ; and such were his abilities , that she received assiduous proofs of his s●fficiency . As 1. In his Embassie to F●ance , whereas the Queen-Mother complemented him , he behaved himself very worthy of his Mistresses Majesty , and his own Peerage : there he had an experienced Tuscan , Calacan●i by ●●me , to deal wi●h that Florentine Queen ● Montmorancy's brother to undermins the Guises ; and his own great parts , to grapple with old Hospital : He began that subtile piece the French Match , under pretence whereof we ●alanced , and understood Europe● ; nd Walsingham finished it . 2. In his Negotiations in the Low-Countries , where he watched Leicester and the Commanders ; he obs●●●●d the States , and their changeable and various Interests , accommodating the present emergencies , and suiting their occasions . They that censure this Nobleman's death , consider not besides the black worm and the white ( day and night , as the Ridddle is ) that are gnawing constantly at the root of the Tree of Life , There a●e many infensible diseases , as Apoplexies , whose vapors suddainly extinguish the animal spirits ; and Aposthumes both in the upper and middle Region of man , that often drown and suffocate both the animal and vital , who are like embodied Twins , the one cannot subsist without the other : If the animal wits fail , the vital cannot subsist : if the vitals perish , the animals give over their operation : and he that judgeth ill of such an act of Providence , may have the same hand at the same time writing within the Palace-walls of his own body , the same period to his lives Earthly ●●pire , His posterity refused an Apology offered in his behalf , upon this ground , that the things objected to him , were of the number of those little Cavils , which come with that rule not holding in great accusations . Spreta exolescunt , s● irascare , agnita videntur . The End of the Observations upon the Lives of the Statesmen and Favourites of England , in the Reign of Queen Elizabeth . THE STATES-MEN and FAVOURITES OF ENGLAND , IN The Reign of King Iames. Observations on the Lives of the Cliffords , Earls of Cumberland . THE name hath been for three Ages ancient and Noble , and in this last Age Warlike and serviceable : They had the government of the N●rth in their own right for an hundred years , and the Hereditary Sheriff-dom of Westmo●land in right of the Vip●nts their Relations for two . — Henry the first Earl of Cumberland , was raised by Henry the Eighth to that Honour , 1525 , for his service at Teurnay and Berwick . Henry his son was by Queen Mary honoured with the Garte● for his conduct against Wyat ; and by Queen E●iz . graced with peculiar favours for his Industry , Integrity and Vigilance in the North. As Natu●e , ●o Nobility subsists and growes by the same thing that it is made of : Vertue that creates , supports it . Observations on the Life of the Lord George Clifford . GEorge Cliff●rd , Lord Clifford , Vescye , &c. Earl of Cumberland , was son to Henry second Earl of that Family , by his second Lady ; a person wholly composed of true honour and valour , whereof he gave the world a large and clear demonstration . It was resolved by the judicious in that Age , The way to humble the Spanish greatness , was not in pinching and pricking of him in the Low-Countries , which only emptied his veins of such blood as was quickly re-filled : But the way to make it a Cripple for ever , was by cutting off the Spanish sinews of War , his Monies from the West-Indies [ the back-door robs the house . ] In order whereunto , this Earl set forth a small Fleet on his own cost , and adventured his own person therein , being the best born Englishman that ever hazarded himself in that kinde . His Fleet may be said to be bound for no other Harbour but the Port of Honour , though touching at the Port of Profit in passage thereunto ; I say , touching , whose design was not to enrich himself , but impoverish the Enemy . He was as merciful as valiant , ( the best metal bends best ) and left impressions of both in all places where he came . Queen Eliz. Anno 1592. honoured him with the dignity of the Garter . When King Iames came first out of Scotland to York , he attended him with such an equipage of Followers for number and habit , that he seemed rather a King , than Earl of Cumberland . Here happened a Contest between the Earl and the Lord President of the North , about carrying the Sword before the King in York ; which Office , upon due search and enquiry was adjudged to the Earl , as belonging unto him : and whilest Clifford's Tower is standing in York , that Family will never be therein forgotten . His Anagram was as really as literally true : Georgius Cliffordius Cumberlandius . Davidis regno clarus cum vi fulgebis . He died Anno 1605. leaving one Daughter and Heir , the Lady Anne , married to the Earl of Dorset . This noble person taught the world , however others speak at pleasure , jussit quod splendida bilis : That the Art of making War hath not a positive form , and that it ought to be diversified according to the state of Occurrences . They that will commit nothing to Fortune , nor undertake any Enterprize whose event appeareth not infallible , escape many dangers by their wary conduct , but fail of as many successes by their unactive fearfulness . It 's useless to be too wise , and spend that time in a grave gaze on business , that might serve the speedy dispatch of it . Neither was our Peer great onely in the atchievements of the Field to please higher spirits , but gaudy at Court to astonish and ravish the lowest ; making noble expences when necessary , and appearing splendid on the important occasions , whose principal quality resided in Magnificence . Yet was he not transported with these appearances , or to make them the greatest ornament of his conduct : the choicest expressions of his life , fixing neither his greatness upon a transitory Pageant , nor his glory upon a fading Pomp. No sullen opposer of the unavoidable occurrences of life ; but a dexterous complier with present exigencies , comparing those that swelled doggedly against Providence , or the present state of affairs to King Canutus , who forbad the unobservant waves of the Sea to flow no higher ; and they that repined at and spoke against it to Xerxes , who whipped the Hellespont . Observations on the Life of Sir Tho-Smith . SIr Thomas Smith was born at Abington in Bark-shire , bred in the University of Oxford : God and himself raised him to the Eminency he attained unto , unbefriended with any extraction . He may seem to have had an ingenious emulation of Sir Thomas Smith Senior , Secretary of State , whom he imitated in many good qualities , and had no doubt equalled●in preferment , if not prevented by death . He attained onely to be Master of the Requests , and Secretary to King Iames for his Latine Letters : higher places expecting him , when a period was put at once to his life and to his hopes , Novemb. 28. 1609. The generous piety of the honourable Countess of Exeter having erected him one Monument at Fulham , & his own worth another in History . His Father died , when he was yet so young , that he knew not what a Father meant : but his Mothers affection for her Husband dyed not with him ; whereupon she multiplyed her cares on this Gentleman and her other Children so abundantly , that a long while he little found the want of that dear name , her transcendent love so well supplying the place of both relations : For no sooner was he fit to learn , than she did by friends procure the best M●sters those Times afforded , to render his education perfe●t in those exercises as well of the mind as of the body , wherein they that flattered him not , would say he was no ill Proficient : such majesty , such modesty in his carriage , that men would admire how two such distant things could meet in one subject . His eye was quick and piercing , his shape and motion charming ; the air and lineaments of his countenance lively arguments that his soul was not inferiour to his body , — but that the one promised no more pleasure to those that looked on it , than the other did service to those that employed it : His meen deserving preferment from the favour of a Soveraign , and his parts gaining it from his justice . Fortune did him not so much wrong in his mean Birth , as he did himself right by great merit , so worthy a Prince's service , and a Courts favour : He read and saw what others did , but not with others apprehensions ; his judgment of things being not common , nor his observations low , flat , or vulgar , but such as became a breast now furnishing it self for business and for government . There was an ancient custom to celebrate the Anniversary of the King's Coronation with all the Shews of Magnificence and joy which the Art or Affections of the People could invent ; and because we are esteemed the Warlik'st Nation in the whole world , to continue that just regulation , we declined all those effeminacies which are so predominant in other Courts , and absolutely addicted our selves to such Martial exercises as are nothing less pleasing and delightful than the other , and yet fit and prepare men more for the real use of Arms , and acquisition of glory . Here our Knights praise came to my Lord of Carlisle's notice , who first designed him a Commander ; but finding his Genius more courtly than Martial , more learned than active recommended him to his Majesties softer services , where none more obliging to the People by his industry and interest at Court , none more serviceable to his Majesty by the good name he gained in the Countrey : So careful was he of publick content , that from five to nine his Chamber was open to all Comers ; where you would find him with the one hand making himself ready , with the other receiving Letters ; and in all this hurry of Business , giving the most orderly , clear , and satisfactory dispatches of any Statesman at that time . From nine to one he attended his Master , to whom he had as easie access as he gave to his People . Two things set him up ; 1. A fair respect from his Master upon all occasions , and as fair a treatment of the People : He had his distinct Classis of Affairs , and his distinct Officers for those Classis : The order and method whereof incredibly advanced his dispatch , and eased his burden ; which took up his day so , that there remained but some hours he stole from night and sleep , for his beloved and dear Studies ; and King Iames said , he was the hardest Student in White-Hall — and therefore he did not alwayes trouble his Master with business , but sometimes please him with discourse . If Fortune had been as kind to him as Nature , greater Employments had been at once his honour and his business : But from all his services and performances , he derived no other advantage than the acting of them ; and at his death he left no other wealth behind him , but that of a high reputation : never arriving at those enjoyments that enhance our Cares , not having time to withdraw himself from those cares that take away the relish of our enjoyments . Observations on the Life of Sir Fulke Grevil . SIr Fulk Grevil , Son to Sir Fulke Grevil the elder , of Becham Court in Warwick-shire , descended from VVilloughby Lord Brook , and Admiral to Hen. 7. was bred first in the University of Cambridge : He came to the Court , back'd with a full and fair Estate ; and Queen Elizabeth loved such substantial Courtiers as could plentifully subsist of themselves : He was a good Scholar , loving much to employ ( and sometimes to advance ) learned men , to whom worthy Bishop Ov●ral chiefly owed his Preferment ; and Mr. Cam●den ( by his own confession ) feasted largely of his Liberality . His studies were most in Poetry and History , as his Works do witness : His stile conceived by some to be swelling , is allowed lofty and full by others . King Iames created him Baron Brook of Beauchamp-Court , as descended from the sole Daughter and Heir of Edward Willoughby , last Lord Brook , in the Reign of King Henry the 7th . His sad death , or murther rather , happened on this occasion : His discontented servant conceiving his deserts not soon , or well enough rewarded , wounded him mortally , and then ( to save the Law the labour ) killed himself ; verify●ng the observation , that he may when he pleaseth be master of another mans life , who contemneth his own . He lyeth buried in Warwick Church under a Monument of black and white Marble , whereon he is stiled , Servant to Queen Elizabeth , Counsellour to King Iames , and Friend to Sir Philip Sidney . Though a Favourite , he courts Ladies rather than Honour , and pursued his study rather than his ambition , being more contemplative than active : Others ministred to Queen Elizabeths government , this Gentleman to her Recreation and Pleasures : He came to Court when all men should , young , and stayed there until he was old ; his fortune being as smooth as his spirit , and the Queens favour as lasting as his merit . He bred up Statesmen , but was none . Sir William Pickering was like to have gained the Queens Bed by studying , Sir Philip Sidney had her Heart for writing , and Sir Fulke Grevil had her favour for both : one great argument for his worth , was his respect of the worth of others ; desiring to be known to posterity under no other notions than of Shakespear's and Ben Iohnson's Master , Chancellor Egerton's Patron , Bishop Overal's Lord , and Sir Philip Sidney's Friend . His soul had the peace of a great fortune , joyned to a greater mind : His worth commended him to Majesty ; his affableness indeared him to the popularity : his mornings were devoted to his Books , his afternoons to his knowing Friends , his nights to his debonair Acquaintance : He was the Queens Counsellor for persons , as others were for matters and things : Sweet was his disposition , winning his converse , fluent his discourse , obliging his looks , gestures , and expressions ; publick his spirit , and large his soul : his Genius prompted him to prepare himself for Domestick services by Forreign employments , but the great Mistriss of her Subjects affections and duties forbad it , and his own prudence checked it . So dear was he to the Queen , that when his horses were shipped at Dover for the Netherlands , her Mandate by Sir Edward Dier stopped him : When he went over with Walsingham , he was remanded ; and when with Leicester , he was checked : He was the exact image of action and quiet happily united in him , seldom well divided in any . He would have acted his great principles of Government , yet he could be confined only to write them . He could sit down with some Poetick and polite Characters of Vertue , when he was debarred the real ●●ercises of it . He had kept Essex his head on , had not that unhappy man's Parasites made the Earl deaf to his ●●●nsels , and his Enemies removed him from his p●●●●nce , under a pretence of guarding the Seas against his Enemies , while his Kinsman was betrayed by his Friends . Observations on the Life of Sir Robert Cecil . SIr Robert Cecil , since Earl of Salisbury , was the Heir of the Lord Burleigh's prudence , the inheritour of his favour , and by degrees a Successor to his places , though not to his Lands , for he was a younger Brother . He was first Secretary of State , then Master of the Wards , and in the last of her Reign came to be Lord Treasurer , all which were the steps of his Fathers greatness ; and of the honour he left to his house . For his person , he was not much beholding to Nature , though somewhat for his face , which was the best part of his outside : but for his inside , it may be said he was his Father's own son , and a pregnant Proficient in all discipline of State. He was a Courtier from his Cradle , yet at the age of twenty and upwards , he was much short of his after-proof ; but exposed , and by change of climate he shewed what he was , and what he would be : He lived in those times , wherein the Queen had most need and use of men of weight ; ●nd amongst able ones , this was a chief , as having a sufficiency from his instructions that begat him the Tutorship of the Times and Court , then the Academy of Art and Cunning , ● English prudence and Counsel was at the high●●● as most exercised with Forreign dangers , and Domestick practices . Vast was his apprehension , because so large his prospect ; Sir Francis Walsingham having opened the Conclave of Rome , and his Father the Cabals of Spain ; insomuch that he knew each design in both places , every Port , every Ship with the Burthens , whither bound , what impediments , for diversion of Enterprizes , Counsels , & Resolutions , as appears by his private dispatches ( as his manner was ) with those of the Councel , one whereof to my Lord Mountjoy , since Earl of Devonshire , with whom he seasonably closed , runs thus — — I must in private put you out of doubt ( for of fear I know you cannot be otherwise sensible than in a way of honour ) that the Spaniard will not come to you this year : for I have it from my own what preparations are in all Parts , and what he can do : For be confident he beareth up a reputation by seeming to embrace more than he can gripe : but the next year be assured he will cast over unto you some Forlorn-Hopes ; which how they may be re-inforced beyond his present ability , and his first intention , I cannot as yet make any certain judgment : but I believe out of my Intelligence , that you may expect their Landing at Munster ; and the more to distract you in several places , as at Kingsale , Beer-haven and Baltimore , where you may be sure ( coming from Sea ) they will first fortifie and learn the strength of the Rebels before they dare take the Field . This States man's character is engraven upon his honour , and his portraicture drawn in his Patent for Earl of Salisbury ; which to many formal words hath added these effectual expressions — As also for his faithfulness , circumspection , stoutness , wisdom , dexterity , providence and care not onely in the great and weighty Affairs of Counsel , but generally also in all other Expeditions of the Realm . And indeed not a man upon the Helm of this Common-wealth understood all points of the Compass better than himself , who in a stayed and calm setledness looked on the private designs that were promoted upon his Mistriss declining , and privately overthrowed them and their Masters , while in an uninterrupted course of integrity towards his Mistress , and faithfulness to his Countrey , he kept clear and succession , equally careful not to enjealous his present Mistress , and not to obstruct his future Master , with whom he kept an honest correspondence , although there goeth this story of him , that a Post from Scotland meeting her Majesty upon Greenwich-heath , Sir Robert Cecil in all hast would needs cut open the Packet , and pretending it stunk , had time to perfume it [ her Majesty being very curious in her smelling ] and convey away his own Letters : be this so or so , it 's certain , that when assistant to the Earl of Derby in his French Embassie , he promoted the young King of Scots interest against his Mothers : when Sir Francis Walsingham's Colleague , he defeated her Counsels against him ; and when principal Secretary , he sounded , crossed , and undid the little plot that was shrowded under the great name of Essex , turning and winding , raising and ruining the Authors of it at his own pleasure . No sooner was the Queen dead , than his Messenger was with the King at Edenburgh , and he himself with his Favourite [ Sir George Humes ] at York ; with whose assistance , and honest Sir Roger Aston's mediation , King Iames makes him his bosome-friend , his house [ Theobalds ] his residence , and his account of the English Laws , Government , and temper his rule : Finding him but Knight and Secretary , he created him Baron of Essenden , Viscount Cranbourn , Knight of the Garter , and Earl of Salisbury : He promoted him Master of the Wards and Lord Treasurer ; in all which capacities how vigilant he was against the Papists , and their Plots , their Libels ( which he answered in English and a Latine very elegantly and wisely ) demonstrate — how careful of the publique Treasure , this Narrative shews . King Iames had bestowed upon Sir Robert Carr twenty thousand pound : my Lord apprehending the sum as more correspondent with his Master's goodness , than his greatness , with the royalty of his heart , than the poverty of his Exchequer ; and observing his Majesty more careful of what money passed his own hands , than what passed his servants , contrives that the good King should go through the place where this great sum lay in silver to a treatment ; where demanding whose money it was , and being answered , that it was his own before he parted with it , He understanding the design , protested he was cheated , and intended not above five hundred pounds ; and the Favourite was glad to make use of the Lord Treasurers mediation for the moyety of that great sum . How industrious in the improvement of his Masters Revenue , these particulars conel ●de , viz. 1. A survey of the Crown-lands , known before by report rather than by measure ; and let by chance , rather than knowledge . 2. A Revival of the Custody-lands Revenue by Commissioners of Asserts . 3. A tarrier of Crown-wood-lands , their growth and value ; where he numbered , marked , & valued all the Timber hitherto unknown . 4. The Commissioners he procured to look into Copy-hold-Lands , Wastes , and Commons . 5. The Rules to forfeited Estates and extended Lands . 6. The improvement of the Customs from 86000 to 135000 pounds per annum . 7. The bargain about the London River-water . 8. The encouragement of all English Inventions , Manufactures , and Trade , whereby the Subjects might be employed , our Commodities enhanced , and our Treasure kept among our selves . 9. The Plantations , and Transplantations in Ireland . And 10. The Reformation of the Court of Wards in the poynt of disposing of Orphans . These services advanced him to great honour , and to as great envy , the popular effects whereof no man could have escaped but one whose soul was immoveable , temper , calm , thoughts deep , apprehensions large , and resolution great to engage vulgar Errors rather by the greatness of his Actions , than the eminence of his Interest — And satisfie the world leisurely by his Vertues , and not awe it rashly by his power ; which got him even in that time St. Gregories Encomium , That he was the first bad , and the last good Treasurer since Queen Elizabeth's Reign . I shall never forget his , or his Fathers discourse with Claud Grollart primier President of Roan , about the troubles in France , wherein he advis●d him to stick fast to the King , though he saw difficulties : For it was his Maxime , That Kings are like the Sun , and Vsurpers like falling-Stars ; For the Sun , though it be ●ffuscated and eclipsed with Mists and clouds , at length they are dispersed ; where the others are but the figures of Stars in the eyes of view , and prove no more but Exhalations , which suddainly dissolve , and fall to the earth , where they are consumed : A discourse which events there and elsewhere made an Oracle . Observations on the Life of the Lord Howard of Effingham , Earl of Nottingham . THe Lord Howard of Effingham , a man of most approved fidelity and invincible courage , and Governour of Callice ; though a Courtier betimes ; yet seemed not to be in favour before the Queen made him high Admiral of England . For his extract , it may suffice that he was the son of a Howard , and of a Duke of Norfolk . As for his person , he was as goodly a Gentleman as the times could afford ; he was one whom the Queen desired to honour , who at his return from Cadiz accounts , was created Earl of N●ttingham . He was a good , honest , and a brave man , and a faithful servant to his Mistress , and such a one as the Queen out of her own Princely judgement knew to be a fit Instrument for the Admiral 's service , having a great opinion of his fidelity and ●onduct : And though his death was not honoured with much wealth , yet was it grac'd with the reputation of honesty . Hs was ra●sed to check Essex his ambition , and Leicester●s undermining , being equally popular , and honest , yet having those at his heels that could lay a snare , and bring in the prize . Nature was a better friend to him than Fortune , and his Integrity than both ; which commended him to a Mistress that understood Men as well as Books , and knew it was no less the interest of Princes to take counsel concerning Persons , than concerning matters : He had that goodness , without which man is a busie , mischievous , and wretched thing ; yet that wisdom whereby he was not so good ( as the Italian saith ) as to be good for nothing : He was gentle , but not easie ; mild , but not soft : obliging not the fancies of men , but their Interest : None more civil to Strangers ( his heart being not a narrow Island ( as my Lord Bacon observes ) but a large Continent : ) None more tender of Inferiours , none more humble to Superiours ; none more compassionate to the afflicted ; none more loving to , or more beloved of all . The Queen said , she trusted her Kingdom to his faithfulness in 88. and her self to his conduct . His alliance to the Queen brought him to Court , but his honesty kept him there ( when jealousie had overcast that great house of the Howards : ) ancient Nobility was a good recommendation to the Q● . first Favours ; but modesty , submission , and integrity were the Vertues that continued them : He had onely so much Ambition as rendred him active and serviceable , and not busie or dangerous : He knew a Nobleman cannot be safely aspiring , nor smooth man securely popular , and a man of his Retinue must not be busie . He lived in an age when all honour was perillous that was not designed for service ; when the State chose Ministers that were more sensible of duty than of rising ; that loved business rather upon conscience than upon bravery , and when the Prince discerned a busie nature from a willing mind : as the stone had need be rich that is set without foyl , so this noble person , that was only real , had need of great parts of vertue . So valiant he was , that he made the Spanish Fleet veil to him , though it carried the Empress of Germany ; so active , that he tugged at the Cabl● himself in 88. and did much by his own pains , and more by his example : so skilful , that he contrived the Fire-ships that frighted and scattered the Spanish Navy . Two eminent services he did the Protestant Religion when but twenty one years of age : The first is , that he was so observant a witness of Arch-Bishop Parker's consecration , that with his bare word the tale of the Nags head came to nothing . 2. That he was so close an Agent in the Court of France , that no Design was brewed in Scotland , none seconded in France , but he with the Emperour and the King of Spain's Embassadors assistance [ whom he had engaged with the hope of a Match between the King of the Romans and his Mistriss ] discovered and defeated with that success , that the King of France courted his Mistriss to a Peace , and himself to Favour . None more careful in matter of Business ; none more splendid in business of Complement — condoling King Francis his death with a Majesty no less becoming the Personage he represented , than the Prince he addressed himself to . 1. His providence in contriving the English Ships nimble , and such as could tack about at pleasure . 2. His prudence in not hazarding his weak Navy against the Spanish Army and Armado in an Engagement wherein a victory would be but a little glory , and a defeat a ruine . 3. His activity in alarming the Spanish Navy day and night . 4. His wisdome in honouring the most serviceable under him , as Hawkins , Forbisher , Sheffield , &c. 5. His popularity that drew so many Voluntiers to his service , as the Earls of Oxford , Northumberland , Cumberland , the Cecils , &c. 6. His wariness in dividing his fourteen Sail into four squadrons round about the Spanish Navy . 7. His excelle●t contrivance of eight Ships filled with pitch , wild-fire , rosin , &c. which sent down the wind in the dead of night so much to the terrour of the Spaniards , that fearing the Fire , together with some more deadly Engines , they raised a pitiful cry , weighed Anchor , cut their Cables , and in a terrible pannick Fear , with great hast and confusion put to Sea. 8. His admirable dexterity in disposing of the Navy , so as they met the Spanish Navy upon their dispersion with su●h success , that the invincible Fleet never saw again its own formidableness , ever since grown the most contemptible thing that ever sailed upon these Seas . 9. His seasonable order to the Dutch Fleet to watch the Duke of Parma in the Ports of Dunkirk and Newport . 10. His exact intelligence , whereby he understood what a Controversie there was in the Spanish Navy about this point , whether they should stick to their Commission in staying for Parma , which was their duty , or follow the emergent advantages , which had been their discretion , — and dealt with them accordingly . These grand particulars of this Noble-man's service were so eminent and signal , that Queen Elizabeth , who was over-lavish neither of her honour nor her preferments , would say commonly of him and those brave Heroes under him , That they were born to save their Countrey . This noble person was of greater experience than knowledg , and more beholding to his years than to his Education , whence K. Iames took great pleasure in his discourse , that was not morose , obstinate , narrow , unactive or formal , like a Students harangues ; but free , active , and ingenuous , like a States-man's Maximes — Whereof one was this ; That never did Commander a noble Act that was Commission-bound ; it being a question , whether the Venetians and Spaniards lost more at Sea and in the Netherlands before they discovered that Error , or gained more since . For whilest we address our selves to the State , occasions are lost , things take another countenance ; and so many unexpected accidents happen , for which suddain provision must be made , that opportunities escape before we dare lay hold of them ; and sometimes we perish for want of a Commission to save our selves . Great content did he give by his presence in the French Court 1605. and greater in his carriage at the Prince Elector's a marriage , 1612. A prudent , care did he discover in providing for posterity by the seasonable resignation of his Admiralty ; a faithful friend he shewed himself in confirming Sir Robert Mansel's place when he parted with his own ; a great argument of his own worth and service , that he was so careful to reward others . Observations on the Life of Sir Geo. Hume , Earl of Dunbar . NO wonder he is so great a Favourite of King Iames in his riper years , who was so faithful a servant of his in his youth : trusted with his Royal secrets in Scotland , and therefore in his Royal bosome in England . The natural reservedness of all Scots-men , and the vast depth of this , are not more necessary to all Princes , then they were pleasing to King Iames , who had no secrecies that endangered his Privadoes , though many that tried them , and particularly our Statesman , who had no hidden weakness to be over-reached , nor private Interest to be corrupted , but was a great Master of himself , owning a reach not to be comprehended , and thoughts not to be fathomed , but by him whose heart was as the sand of the Sea. Exact was his correspondence with Sir Robert Cecil while in Scotland , and intimate was their friendship in England ; both extorting from each other those observations touching their respective Countreys , which they might both communicate to His Majesty at their respective opportunities . His Enterprizes were well laid , but unsuccessful ; rational , but unhappy : an argument that Designs are only in our power , and Events in a higher . There was not a man more noble and renowned , more com●ly a●d graceful , of more years and experience [ Versatus , Versutus ] of a greater estate or revenue ; more liberal and munificent , more accostable and courteous , more resolved and reserved ( all the qualities of a compleat Ambassador ) than the Earl of Dunbar when sent to Germany ; yet none more ineffectual , having gained no more by a tedious and chargeable Negotiation , than as the Earl of Nottingham with his gallant Retinue in Spain , that the Papists who were formerly perswaded by their Jesuites that we were Monsters , do now believe we are Men ; so useless was soft Courtship in rough tumults , and so little heed was given to smooth complements in Arms an● Uproars . More happy was he in Scotland , where his prudence as Lord Treasurer , and his Chaplain Doctor Abbots gravity as Preacher , reduced that Nation to so much sobriety as to admit a regular Religion and Government ; for which service he had the Exchequer and the Wardrobe for himself , and the Arch-Bishoprick of Canterbury for the Doctor ; when the King was in a great streight between the known merit of the incomparable Bishop Andrews , and the last request of dying Sir George Hume ; a great instance of King Iames his abilities in what Machiavel calleth a Princes Master-piece , viz. the choice of Servants . Observations on the Life of the Earl of Somerset . HIs extraction from Scotland put him in the way , his Education in England set him in a capacity of Advancement . He was born seasonably when his Father served him that should be a King of England ; and brought up happily , when he might please him that was so — His beauty and comliness took his Majesty ; his parts and prudence obliged him , who loved the Cabinet , but valued the Jewel : He was admitted Page of honour to King Iames when of Scotland , and his Favourite when of England : His Majesties first observation of him was at a solemn Tilting ; where his delight in his person meeting with his pity of his mischance ( I mean the breaking of his leg there ) first took him to his tuition , and then to his Council . All King Iames his Favourites were of his own education , and so imbued with his principles , and engaged to his interest . It was his Majesties policy to r●tain Scots States-men to balance the English ; It was Somerset's prudence to entertain English Favouries to endear the Scots ; therefore Sir Tho. Overbury was as much of his Councel as he was of his Majesties ; too haughty a carriage was the miscarriage of other Minions , too good a nature was ●is : His great defect being that goodness and humanity that that knoweth no excess , but errour , which was rather a softness than a kindness : his heart was as large to others , as his Masters was to him , and knew as little how to mistrust , as how to do any thing for which he should be mistrusted . This is the Lesson he was short in , That civilities should be common , but favours choice . The Whale is steered at Sea by a far smaller Fish , and this States-man at Court by far meaner men than himself . I my self ( saith an ingenious man ) have known many so far strangers to what was convenient , as they would scarce concede or deny any thing out of the presence of their Secretary : and this proceeded not seldom from a distrust there was no cause for ; manifest in the Earl of Somerset , who though himself owner of a competent sufficiency , was so enchanted with an opinion of Sir Thomas Overbury's parts , that he preferred him from a Servant to such an intimate friendship ; as he could think nothing well educated for employment in his Office , that had not passed his correction , nor secret laid up but in his bosome ; which swelled him ( saith he ) to such a monstrosity in pride , that I have heard ( not being my self then near the English Court ) how he offered to rant at his servants , and did once beat his Coachman for putting his commands under an inferiour expostulation to his Master ; and through this intollerable arrogance in him , and remisness in the Earl , the sparks first flew , that kindled the ruine of them both : Friendship being no more able to maintain its interest against a feminine affection , than so great a pride was to confine it self within the tedder of moderation . The greatest are not free , but led in triumph by the affections of others , through the mediation of their own . Sir Thomas Overbury would do what was most plausible , and the Earl must perform what was less popular . The King trusted Carr with his Dispatches , and Carr trusts Overbury a month together without examination , who had full Commission to receive and answer any Letters or other Expresses that came to his hands : Great opportunities offered themselves to Sir Robert Carr , and a great Soul he had to observe them ( Fortune being nothing else but an attentive observation of the revolution of Affairs , and the occasions resulting therefrom : ) observant he was of his Master , who raised him not to eclipse others , but like a brave Prince to ease himself . For Princes ( to use my Lord Bacon's words ) being at too great a distance from their Subjects , to ease themselves into their bosomes , raise some persons to be as it were participes curam , or their Companions : but this Favourite understood as well the humour of the People , as he did the disposition of his Prince , obliging the one no less , than he pleased the other . Gay he was , as a Courtier , grave as a Counsellour : to Scholars none more civil , to Soldiers none more liberal ; of States-men none more respective : He had his extraordinary great Vertues upon occasions to shew , and his ordinary little ones always to oblige ; a compleatness in all turns , a●d upon all occasions was his nature . Familiar he was , yet not cheap ; sociable upon regard , and not upon facility : His behaviour was his soul , free for any exercise or motion ; finding many , and making more opportunities to endear himself : He broke his mind to small observations , yet he comprehended great matters : His carriage was so exact , as if affected ; and yet so graceful ; as if natural . That which overthrew the first , bewitched the wisest , and tyred the most patient man , undid this noble person : yet so regular were his affections , that he did nothing publickly in the Countess of Essex , the Earl of Suffolk's Daughters case , but by due course of Law , the approbation of the gravest and wisest Divines and Counsellors , and the a applause of England : his failings were the faults of his years , rather than of his person , of his sodain fortune , than of his constant temper ; his counsels were safe and moderate ; his publick actions honest and plain ; his first years of favour industrious and active ; his mind noble and liberal . His soul capacious and inquisitive ; his temper yielding and modest . In a word , Sir Robert Carr deserved to be a Favourite , if he had not been one . — He fell because he medled too little with the Secretaries place while in it , and too much when out of it ; giving Overbury too much scop● on the one hand to mate him , and Sir Ralph Winwood too much offence to undermine him : who finding that new Earls occasions growing with his advancements ( I say his occasions , because I think his miscarriages were not his nature , but his necessity ) apt to encroach upon his and other Court-Offices , gave ear to that Intelligence from Flushing that might ruine him , and set free himself . The first Intimation of his guilt was his earnestness for a general Pardon ; and the first argument of it was my Lord Chancellor's scruples in sealing it : whence I date his first declining , attended with as much pity as his first advancement was with envy . We and the Troglodites curse not the Sun-rising more heartily , than we worship it when it sets . The Gentleman was as to his stature rather well compacted than tall ; as to his features and favour , comely , rather than beautiful . — The hair of his head was flaxen , and that of his face yellow : His nature was gentle , his disposition affable , ●●s affections publick , until a particular person and interest engrossed them : and the good Gentleman being sensible of failers that might ruine him , was wholly intent upon a treasure that might preserve him : — His defect was , that he understood only his own age ; and that the experience of man's life cannot furnish examples and presidents for the events of one mans life . Observations on the Life of Arch-Bishop Abbot . GEorge Abbot being one of that happy Ternion of Brothers , whereof two were eminent Prelates , the third Lord Mayor of London , was bred in Oxford , wherein he became Mr. of University-Colledge ; a pious man , and most excellent Preacher , as his Lectures on Ionah do declare . He did first creep , then run , then flye into Preferment , or rather Preferment did flye upon him without his expectation . He was never incumbent on any Living with cure of Souls , but was mounted from a Lecturer to a Dignitary ; so that he knew the Stipend and Benevolence of the one , and the Dividend of the other , but was utterly unacquainted with the taking of Tithes , with the many troubles attending it , together with the causeless molestations which Parsons presented meet with in their respective Parishes . And because it is hard for one to have a Fellow-suffering of that , whereof he never had a suffering ; this ( say some ) was the cause that he was so harsh to Ministers when brought before him . Being Chaplain to the Earl of Dunbar , then omni-prevalent with King Iames , he was unexpectedly preferred Arch-Bishop of Canterbury , being of a more Fatherly presence than those , who might almost have been his Fathers for age in the Church of England . There are two things much charged upon his memory ; First , That in his house he respected his Secretary above his Chaplains ; and out of it , alwayes honoured Cloaks above Cassocks , Lay above Clergy-men . Secondly , That he connived at the spreading of Nonconformity , insomuch that a Modern Author said , Had Bishop Laud succeeded Bancroft , and the project of Conformity been followed without interruption , there is little question to be made , but that our Jerusalem ( by this time ) might have been a City at unity within it self . This Arch-Bishop was much humbled with a casual Homicide of a Keeper of the Lord Zouch's in Bramel-Park , though soon after he was solemnly quitted from any irregularity thereby . In the Reign of King Charles he was sequester'd from his Jurisdictions , say some , on the old account of that Homicide , though others say , for refusing to License a Sermon of Dr. Sirpthorps . Yet there is not an Express of either in the Instrument of Sequestration , the Commission only saying in the general , That the Arch-bishop could not at that present in his own Person attend those Services which were otherwise proper for his Cognizance and Jurisdiction . To say the truth , he was a man of good intentions , and knew much , but failed in what those ordinarily do that are devoted to our modern singularities , being extreamly obstinate in his opinions , which the King was more willing to understand than follow , because most times he looked upon things according to the rigour of Ecclesiastick maximes , and was either too curious and irresolute by variety of reading , or too peremptory and positive from the strictness of his Rules ; or too zealous by reason of the seriousness of his Study ; or wide from the matter , by reason of his inexperience , and aptness to require in the times he lived , the regularity of the times he read of heeding not the force of Circumstances , the errors of Comparison , or the cautions of Application . I like his Apology for his severity to the Clergy ( that he was austere to prevent others being cruel ) as well as his zeal for the Protestant Religion ; onely his Principles betrayed his profession , which he rendered too obnoxious , while he supported it by those novel grounds which our Adversaries could make us confess were Heterodox , and by those streight-laced foundations which we saw our selves too narrow . As for instance , King Iames his vast capacity took him up once for making the Scripture the onely rule of Civil Affairs ; owning the piety , but observing to his face the imprudence of that assertion . Imprudence , I say , as for many reasons , so for this , because to assert a truth upon a weak principle , is to tempt the world to doubt of the strength of the first , when they see the weakness of the other . Whether he went off in discontent , and said , He would not attend at the Councel-Table , because he should not wait at the Altar : Whether he had such malignant followers as called themselves Nicodemites , or Night-Disciples : Whether he turned noon-day into mid-night ; and mid-night into noon-day , having a candle always burning in his Chamber ; or if so , for what reason , I would not have one of my years determine , but rather refer the present age to his Contemporaries pen , which describes him thus ; A very learned man he was ; his Erudition all of the old stamp , fitly principled in the Doctrine of S. Augustine , pious , grave , and exemplary in his Conversation : But some think him a better man than Arch-Bishop , and that he was better qualified with merit for the Dignity , than with a spirit answering the Function ; in the exercise whereof he was conceived too facile and yielding : his extraordinary remisness in not exacting strict Conformity to the prescribed Orders of the Church in point of Ceremony , seemed to resolve those legal Determinations to their first Principle of Indifference , and led in such an habit of Inconformity , as the future reduction of those tender-conscienced men to long discontinued obedience , was interpreted an innovation ; as if he thought it might fall out in Politicks as it doth sometimes in Physick , bina venena juvant , that the two contrary poysons of Superstition and Innovation might prove a Cordial to the Church — Observations on the Life of Sir George Calvert . SIr George Calvert was bred first in Trinity-Colledge in Oxford , and then beyond the Seas . His Abilities commended him first to be Secretory to Robert Cecil Earl of Salisbury , Lord Treasurer of England . Afterwards he was made Clerk of the Council , and at last principal Secretary of State to King Iames , succeeding Sir T●o . Lake in that Office , Anno 1619. Conceiving the Duke of Buckingham highly instrumental in his preferment , he presented him with a Jewel of great value ; which the Duke returned him again , not owning any Activity in his Advancement , whom King Iames , ex mero motu , reflecting on his Abilities , designed for the Place . This Place he discharged five years , until he willingly resigned the same , 1624. on this occasion ; He freely confessed himself to the King , that he was then become a Roman Catholick , so that he must either be wanting to his Trust , or violate his conscience in discharging his Office. This his Ingenuity so highly affected King Iames , that he continued him Privy-Councellor all his Reign , and soon after created him Lord Baltemore of Baltemore in Ireland . During his being Secretary , he had a Patent to him and his Heirs to be Absolutus Dominus & Proprietarius , with the Royalties of a Count Palatine of the Province of Avalon in the New-found land , a place so named by him in imitation of old Avalon in Somersetshire , wherein Glassenbury stands , the first-fruits of Christianity in Britain , as the other was in that part of America . Here he built a fair house in Ferry-land , and spent twenty five thousand pounds in advancing the Plantation thereof . Indeed his publick spirit consulted not his private profit , but the enlargement of Christianity , and the Kings Dominions , in that his ancient , primitive , and heroick work of planting the world . After the death of King Iames he went twice in person to New-found land . Here when Mounsieur de l' Arade with three men of War sent from the King of France , had reduced our English Fishermen to great extreamity ; this Lord with two Ships manned at his own charge , chased away the Frenchmen , relieved the English , and took sixty of the French Prisoners . He removed afterwards to Virginia to view those parts , and thence cam● into England , and obtained of King Charles the first ( who had as great an esteem of , and affection for him , as King Iames ) a Patent to him and his Heirs for Mary-Land on the North of Virginia , with the same Title and Royalties conferred on him , as in Avalon aforesaid , now a hopeful Plantation , peopled with eight thousand English Souls ; which in process of time may prove more advantageous to our Nation . Judg Popham and Sir George Calvert agreed not more unanimously in the publick design of Planting , than they differed in the private way of it : the first was for extirpating Heathens , the second for converting them . — He sent away the lewdest , this the soberest people : the one was for present profit , the other for a reasonable expectation ( it being in the case of planting Countreys , as in that of planting Woods ; you must account to lose almost twenty years profit , and expect your recompence in the end ; it being necessary the Province should first find her self , and then enrich you . ) The Judge was for many Governors , the Secretary for few , and those not concerned Merchants , but unconcerned Gentlemen : The one granted Liberties without any restraint , the other with great caution : The first set up a common Stock , out of which the Island should be provided for by proportions ; the second left every one to provide for himself . Two things are eminent in this man : 1. That though he was a Catholick , yet kept he himself sincere and disingaged from all Interests ; and though a man of great judgment , yet not obstinate in his sentiments , but taking as great pleasure in hearing others opinions , as in delivering his own , which he heard moderated and censured with more patience , than applauded . 2. That he carried a digested and exact account of Affairs to his Master every night , and took to himself the pains to examine the Letters which related to any Interest that might be any ways considerable . He was the onely States-man , that being engaged to a decryed party , yet managed his business with that huge respect for all sides , that all who knew him , applauded him ; and none that had any thing to do with him , complained of him . Observations on the Life of Sir Arthur Chichester . SIr Arthur Chichester spent his youth , first in the University , then in the French and Irish Wars , where by his valour he was effectually assistant● First , to plough and break up that barbarous Nation by Conquest , and then to sow it with seeds of civility , when by King Iames made Lord Deputy of Ireland . Indeed good Laws and Provisions had been made by his Predecessors to that purpose : but alas , they were like good Lessons set for a Lute out of tune , useless , until the Instrument was fitted for them . Wherefore in order to the civilizing of the Irishry , in the first year of his government , he established two new Circuits for Justices of Assize , the one in Connaught , the other in M●nster . And whereas the Circuits in former times only encompassed the English Pale ( as the Cynosura doth the Pol● ) hence forwards like good Plane●s in their several Spheres , they carried the influence of Justice round about the Kingdom . Yea , in short time Ireland was so cleared of Thieves and capital Offenders , that so many Malefactors have not been found in the 32 Shires of Ireland , as in six English Shires in the Western Circuits . He reduced the Mountains and Glinnes on the So●th of Dublin ( formerly thornes in the side of the English pale ) into the County of Wicklow ; and in conformity to the English 〈◊〉 om , many Irish began to cut their Mantles into Cloaks . So observant was his eye over the actions of suspected persons , that Tyrone , was heard to complain , That he could not drink a full carouse of Sack , but the S●ate within few hours was advertised thereof . After he had been continued many years in his Deputyship , and deservedly made a Lord , King I●mes recalled him home , and ( loath to leave his Abilities unemployed ) sent him Embassador to the Emperour and other German Princes . Being ●e●ieged in the City of Mainchine ( a place much indebted to his prudence for seasonable victualling it ) by Count Tilley , he sent him word , that it was against the Law of Nations to besiege an Embassador : Tilley returned that he took no notice that he was an Embas●ad●t . The Lord Chichester replyed to the Messenger , Had my Master sent me with as many hundred men , as he hath sent me on fruitless M●ss●ges , your General should have known , that I had ●●en ● So●dier , ●as well as an Embassador . King I●mes ● at his return entertained him with great commendations , for so well discha●ging his Trust ; and he died in as great honour as any English-man of our Age. Thus far the Historians . Whence I observe him stout in his nature above any disorder upon Emergencies , a resolved in his temper above any impressions from other Princes , and high in his Proposal beyond the expectation of his own . Alv●rgonzoto el Diablo le traxo al Palacio , The Devil brought the Bashful to Court , where none succeeds but he who can ask enough to be granted , and enough to be a abated . There is a memorable observation of Philip the second , King of Spain , called El prudente ; That when 〈◊〉 had designed one for Embassador , the man came faintly and coldly to him to propose some things for the accommodation of his Embassie ; and he said , How can I expect that this man can promote and effectuate my business , when he is so faint and fearful in the solicitation of his own ? Yet was not my Lord Chichester more resolute in Germany , than wary in Ireland , where his opinion was , that time must open and facilitate things for Reformation of Religion , by the Protestant Plantations ; by the care of good Bishops and Divines , the amplification of the Colledge , the education of Wards , an insensible seisure of Popish liberties . &c. and that the Council there was so numerous ( fifty or sixty at least ) that the authority of it was debated , and its business divulged . In a word , this brave Gentleman had an equal mind , that kept up it self between the discourses of Reason , and the examples of Histories , in the enjoyment of a good fortune , and a conflict with a bad . Observations on the Life of the Lord Chancellor Egerton . THe Lord Chancellour Egerton , extracted from the ancient Family of the Egerton's of Kidley in Cheshire , was bred in the study of the Municipal Laws of our Land , wherein he attained to such eminency , that Queen Elizabeth made him her Solicitor , then Master of the Rolls , and at last Keeper of the Great Seal , May 6. in the 38 year of her Reign , 1596. Olaus Magnu● reporteth , that the Emperour of Moscovia at the Audience of Ambassadors , sende●h for the gravest and seemliest men in Mosco and the Vicinage , whom he apparelleth in rich Vests ; and placing them in his presence , pretendeth to For●aigners , that these are of his Privy-Council ; who cannot but be much affected with so many reverent Aspects . But surely all Christendome afforded not a pe●son which carried more gravity in his countenance and behaviour than Sir Thomas Egerton , insomuch that many have gone to the Chancery on purpose only to see his venerable Garb ( happy they who had no other business ) and were highly pleased at so acceptable a spectacle . Yet was his outward Case nothing in comparison of his inward Abilities , quick Wit , solid Judgement , ready Utterance . I confess Master Cambden saith , he entred his Office Magna expectatione & integritatis opinione , with a great expectation and opinion of Integrity : But no doubt , had he revised his work in a second Edition , he would have afforded him a full-faced commendation , when this Lord had turned his expectation to performance . In the first of King Iames , of Lord Keeper he was made Lord Chancellor , which is also another name for the same Office : and on Thursday the seventh of November , 1616. of Lord Elismer he was created Viscount Brackley . It is given to Courts whose Jurisdictions do border , to fall out about their bounds ; and the contest betwixt them is the hotter , the higher the spirits and parts of the respective Judges . Great was the contention for many years together betwixt this Lord of Equity , and Sir Edward C●●ke the Oracle of Justice at Westminster-Hall : I know not which of them got the better ; sure I am such another Contest would ( if this did not ) have undone the Conqueror . He was attended on with servants of most able parts , and was the sole Chancellor since the Reformation , who had a Chaplain , which ( though not immediately ) succeeded him in his place . H● gave over his Office which ●he held full twenty years , some few days before his death ; and by his own appointment , his body was brought down and buried at Duddleston in Cheshire , leaving a fair estate to his Son , who was afterwards created Earl of Bridgewater , as he did to his excellent Son now living . When he saw King Iames his munificence to some Courtiers , with the grave Fidelity of a Statesman , he sticked not often to tell him , That as he held it necessary for his Majesty amply to rem●nerate all those his Countrey-men , so he desired him carefully to preserve his Crown lands , for his own support , seeing he or his Successors might meet with Parliaments which would not supply his occasions , but on such conditions as would not be very acceptable unto him . It was an ordinary speech in his mouth to say , Frost and Fraud both end in Foul. His plain , but honest advice to my Lord of Essex was , 1. Not to trust himself , because they that stand by , see more than they that play the game . 2. To yield to Time and Fortune , and not do that for his Enemies , which they could never do for themselves . 3. To have a careful eye upon those actions on which he knew there were many envious ones . And for himself , his supplication to King Iames was , That since his conceit and sense was grown so heavy , his Memory decay'd , his Judgement weak , his Hearing imperfect , and his Voice faltering , he might desinere potiùs quam deficere , and retire from his Business to his Meditation , as he did ; while living , imparting many mysteries of the Chancery ; and when dying , bequeathing as many choice Books and Directions to his then Chaplain , and his after-Successor Doctor Williams . — Secretary Winwood having received the Seal , and left this gracious Message with this good man , that his Majesty would be his Under-keeper , and not dispose of it while he lived to bear the name of Chancellor : nor did any receive the Seal out of the Kings sight , while he lived to bear the name of Chancellor . A company of Citizens got a Cause passed by keeping a Witness away in this manner ; one of them gets him to the Tavern , and there leaves him with a quart of Sack before him , and the glass at his mouth , and swears in open Court , that he left him in a condition , wherein if he continueth but two hours , he is a dead man. The other Party find out the cheat , and have their remedy in Chancery : Sir Edward Cook brings the matter to the Star-Chamber , and threatneth the Chancellor with a P●emu●nire . The business is debated , and sentence passed for my Lord Chancellor ; with the comfort whereof , and the Kings and Princes Letter to him upon his Death-bed , he went to his Grave . Observations on the Life of the Lord Chief-Iustice Popham . SIr Iohn Popham in his youthful days was a stout and skilful man at Sword and Buckler as any in that Age , and wild enough in his Recreations . But oh ! saith my Author , if Quicksilver could be really fixed , to what a treasure would it amount ? Such is wild youth seriously reduced to gravity , as by this young● man did appear , who applyed himself to a more profitable Fencing , the study of the Laws ; therein attaining to such eminency , that he became the Queen● Attorney , afterwards Lord Chief-Justice of E●gland . Being sent Anno 1600. by the Queen with some others to the Earl of Essex , to know the cause of the confluence of so many Military men unto his house , the Soldiers therein detained him for a time , which some made tantamount to an Imprisonment . This his violent detention Sir I●hn deposed upon his Oath at the Earl's Tryal : which I note the rather , for the rarity thereof , that a Lord Chief-Justice should be produced as Witness in open Court. In the beginning of the Reign of King Iame● , his justice was exemplary on Thieves and Robbers . The Land then swarmed with people which had been Soldiers , who had never gotten ( or e●se quite forgotten ) any other Vocation . Hard it was for Peace to feed all the idle mouths which a former War did breed , being too proud to beg , too lazy to labour : Those infested the High-wayes with their Fellonies ; some presuming on their multitudes , as the Robber on the Northern Rode , whose knot otherwise not to be untied ) Sir Iohn cut asunder with the Sword of Justice . He possessed King Iames , how the frequent granting of Pardons was prejudicial to Justice , rendring the Judges to the contempt of insolent Malefactors ; which made his Majesty more sparing afterwards in that kind . In a word , the deserved death of some scores , preserved the lives and livelihoods of some thousands : Travellers owing their safety to this Judges severity , many years after his death . Neither did he onely punish Malefactors , but provide for them ; for observing that so many suffered and died for none other reason but because they could not live in England , now grown too populous for it's self , and breeding more Inhabitants than it could keep , he first set up the discovery of New-England , to maintain and employ those that cou'd not live honestly in the old ; being of opinion , that banishment thither would be as well a more lawful , as a more effectual remedy against those extravagancies ; the Authors whereof judge it more eligible to hang , than to work ; to end their dayes in a moment , than to continue them in pains : — onely a great Judgment observes , it is a shameful and an unblessed thing , to take the scum of people and wicked condemned men to be the people with whom to plant : And not onely so , but it spoyleth the Plantation , for they will ever live like Rogues , and not fall to work , and do mischief , and spend Victuals , and be quickly weary , and then certifie over to the Countrey , to the disgrace of the Common-wealth . Observations on the Life of Sir Robert Dudley . SIr Robert Dudley , son to Robert Dudley Earl of Leicester , by Douglas Shefield ( whether his Mistriss or his Wife , God knows ) was born at Shene in Surrey , and bred by his Mother ( out of his Fathers reach ) at Offington in Sussex , where he became a most compleat Gentleman in all suitable Accomplishments , endeavouring in the Reign of King Iames to prove his Legitimacy ; and meeting with much opposition from the Court , in distaste , he left his Land , and went over into Italy . But worth is ever at home , and carrieth its own welcome along with it . Therefore he became a Favourite to the Duke of Florence , who highly reflected on his Abilities , and used his Directions in all his Buildings . At this time Legorn from a Child , started to a Man , without ever being a youth , and of a small Town grew a great City on a sudden , and is much-beholding to this Sir Robert for its Fairness and Firmness , as chief contriver of both . But by this time his Adversaries in England had procur'd him to be call'd home by a special Privy-Seal ; which he refused to obey , and thereupon all his Lands in England were seised upon by the King , by the Statute of Fugitives . These losses doubled the love of the Duke of Florence unto him . And indeed Sir Robert was a much-meriting person on many Accounts , being an Excellent 1 Mathematician , especially for the Practical part thereof in Architecture . 2 Physician , his Catholic●n at this day finding good Esteem amongst those of that Faculty . 3 Navigator , especially in the Western Seas . Indeed long before his leaving of England , whilest as yet he was Rectus in Curi● , well esteemed in Queen Elizabeths Court , he sailed with three small Ships to the Isle of Trinidad , in which voyage he sunk and took nine Spanish Ships ; whereo● one an Armada of 600 Tun. He was so acceptable to Ferdinand the second , Emperour of Germany , that by his Letters Patents bearing date at Vienna , March 9● 1620. he conferred on him and his Heirs the Title of a Duke of the Sacred Empire . Understand it a Title at large ( as that of Count Arundel's ) without the Assignation of any proper Place unto him . King Iames had heard s● much of the Father , that he did not care for the Son , who might have been near his Person , had not his Ancestors been so near ●his Predecessors — no other Considerations being likely to keep so extraordinary parts at this distance from a King that valued them so highly , or a Kingdom that needed them so much . — That Prince being as jealous an observer of Original sin in Policy , as he was an Orthodox Assertor of it in Religion , would trust no tainted blo●d . He writ an excellent discourse of Religion as the blind Senator in Juvenal made a large Encomium of the goodly Turbet which lay before Caesar , but as ill luck would have it , turned himself quite the contrary way ; at illi d●xtra j●c●bat bellua , a man right of Chrysippus his temper , who sometimes wanted Opinions ; but never Arguments , which he managed all ways with contempt of , and opposition to the School-way , which going the distinctest way to state● went the nearest way to end controversies , but was slighted by him as unintelligible , because it had been passed by him as unstudied , as the old Woman in Seneca , complained that the Room was dark , when only her Eyes were so , and his new 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein he made his private and crazy judgment the Standard and Seal of common truth , took a little with mens first thoughts , but lost themselves with their wiser , and second , like the Log in the Fable which terrified the poor Frogs with the noise it made at the first falling of it into the waters , but afterwards they insulted over it , and took their turns to leap upon it . When I consider Metiochus his cariage in Plutarc , and Sir Robert's Character in Florence , haec a se non multum abludit imago : Metiochus is Captain , Metiochus is Surveyor , Metiochus bakes the Bread , Metiochus grinds the Corn , Metiochus doth all ; right one of AEsop's fellows , that could say and do all things ; so that others need say and do nothing , a very happy man if while living he had deserved the Character idle Vaccia had when dead . Hîc situs est Vaccia , here lyeth Vaccia . Observations on the Life of Arch-Bishop Bancroft . DOctor Richard Bancroft , ( whom his Adversaries character a better States-man than Divine , a better Divine than Preacher , though upon good occasion he shewed he was all these ) was bred in Iesus Colledge in Cambridge , where his parts in discovering the bottom of Presbytery , and his sufficiency when his Patron Hatton's Examiner commended him to Queen Eliz. to be Bishop of London , and to King Iames to be Arch-Bishop of Canterbury . Indeed he was in effect Arch-Bishop while Bishop , to whom Doctor Whitgift in his decrepit age remitted the managing of matters , so that he was the soul of the High-Commission . A great States-man he was , and grand Champion of Church-discipline ; having well hardned the hands of his Soul , which was no more than needed for him , who was to meddle with Nettles and Bryars , and met with much opposition . No wonder if those who were silenced by him in the Church , were loud against him in other places . David speaketh of poyson under mens lips ; This Bishop tasted plentifully thereof from the mouths of his Enemies , till at last ( as Mithridates ) he was so habited to poisons , that they became food unto him . Once a Gentleman coming to visit him , presented him a Libel , which he found pasted on his door ; who being nothing moved thereat , said , Cast it to an hundred more which lye here on a h●ap in my Chamber . Many a Libel , ( Lye ) ( because false ) ( Bell ) because loud ) was made upon him . The aspersion of covetousness , though cast , doth not stick on his memory , being confuted by the Estate which he left , small in proportion to his great preferment , being but 6000 l. after being above twelve years in London and Canterbury . He cancelled his first Will , wherein he had bequeathed much to the Church : suspecting an impression of popular violence on Cathedrals , and fearing an Alienation of what was bequeathed unto them , he thought fit to cancel his own , to prevent others cancelling his Testament . This partly appears by his second Will , wherein he gave the Library at Lambeth ( the result of his own , and three Predecessors collections ) to the University of Cambridge ( which now they possess ) in case the Arch-Episcopal See should be extinct . How came such a jealousie into his mind ? what fear of a storm when the Sun shined , the Sky clear , no appearance of Clouds ? Surely his skill was more than ordinary in the complexion of the Common-wealth , who did foresee what afterward ( for a time ) came to pass . This clause providentially inserted , secured this Library in Cambridge during the vacancy of the Archi-Episcopal see , and so prevented the embezelling , at the least the dismembring thereof , in our late civil distempers . They that accuse this excellent Prelate of cruelty , never read this story : A Ministe● privately protested to him , that it went against his conscience to conform . Which way said the good Arch-Bishop ( observing the mans ingenuity ) will you live , if you be put out of your Benefice ? The other answered , He had no other way but to g● a begging . Not so ( said the Arch-bishop ) that you shall not need to do , but come to me , and I will take order for your maintenance . They that exclaimed against his unserviceableness , never observed this passage : A company of young Courtiers appeared extraordinary gallant at a Tilting , far above their Fortunes and Estates , giving for their Motto , Solvat Ecclesia . Bishop Bancroft then of London hearing of it , finds on enquiry that the Queen was passing a considerable parcel of Church-lands to them , and stops the business with his own and his friends Interest , leaving these Gallants to pay the shot of their pride and prodigality out of their own purses . — And this ; that a prevalent Courtier had swallowed up the whole Bishoprick of Durham , had not this Arch-Bishop seasonably interposed his power with King Iames ( ready enough to admit such Intercessions ) and dashed the design . They that traduce him for a Papist , forget that he fomented the difference between the Seculars , and Regulars , to the weakning , and promoted the foundation of Chelsey-Colledge , to the ruining of that cause . But they that perform great actions , reserving as it is fit the reason of them in their own bosomes , may sufficiently satisfie their Consciences towards God , though they can hardly avoid the censures of men . I shall add no more concerning this excellent Prelate , but that it was observed as the Historian writes , That at Hampton-Court-Conference Arch-Bishop Whitgift spake most gravely , Bishop Bilson most learnedly , but Bishop Bancroft [ when out of passi●n ] most politickly . Observations on the Life of the Lord Grandison . SIr Oliver Saint-Iohn , Lord Grandison , &c. descended of an ancient and honourable Family , whose prime Seat was at Lediard-Tregoze in Wiltshire , though their first settlement was in South-Wales . He was bred in the Wars from his youth , and at last by King Iames was appointed Lord Deputy of Ireland , and vigorously pursued the Principles of his Predecessors for the civilizing thereof . Indeed the Lord Mountjoy reduced that Countrey to obedience , the Lord Chichester to some civility , and this Lord Grandison first advanced it to considerable profit to his Master . T. Walsingham a writeth , that Ireland afforded unto Edward the third thirty thousand pounds a year paid into his Exchequer : but it appears by the b Irish Records ( which are rather to be believed ) that it was rather a burthen , and the constant Revenue thereof beneath the third part of that proportion . But now , the Kingdom being peaceably setled , the income thereof turned to good Account , so that Ireland ( called the Land of Ire for the constant broils therein for four hundred years ) was now become the Land of Concord . This noble Person recalled into England , lived many years in great repute , leaving his Honours to his Sisters son by Sir Edward Villiers , but the main of his Estate to his Brothers son Sir Iohn St. Iohn Knight and Baronet . So sweet and charming his Conversation , that he was beloved by all his Superiours , and envied by no Inferiour ; being never advanced to any great Dignity , but he was wished to a greater : So exact his vigilancy , so constant his industry , so plausible his actions , attended with no less civility to all men , than duty to his Soveraign : So frank and ingenious his Integrity , that none feared him ; so discreet his management of Business , and so strong his judgement , that any might confide in him . One he was that crossed the Italian Proverb , Di Dunaridi senno , e di fede , In e Mancho che non Crede : having more money , more faith , yea and more wisdom too than was generally esteemed . I mean wisdom of behaviour , wisdom of business , and wisdom of State ; in the last whereof he aimed at a general settlement , which he observed would bear particular errors , provided that Care , Labour , Vigilancy , and prudent inquiet●de attended , that forceth Difficulties , constrains Fortune , assures good Counsels , corrects bad , supports and overthroweth designs , disposeth of accidents , abserveth time , manageth hazards , forgets nothing ; seldom trusts others , and improveth all Occurrents : and that first maxime of Policy he observed , That who layeth out most , layeth out least , that petty frugalities undo the main Interest . Observations on the Life of Sir Tho. Overbury . SIr Thomas Overbury , son to Sir Nicholas Overbury , one of the Judges of the Marches , was born at Burton on the Hill in Gloucestershire , bred in Oxford , and attained to be a most accomplished Gentleman , partly at Grayes-Inn , and partly in France ; which the happiness of his Pen both in Poetry and Prose doth declare . In the later he is observed to be the first writer of Characters of our Nation . But if the great parts of this Gentleman were guilty of Insolence and Petulancy , which some since have charged on his memory ; reporting of him , that he should say , Somerset owed his advancement to him , and that he should walk with his hat on before the queen ; we may charitably presume , that his reduced age would have corrected such Juvenile extravagancies . It is questionable , whether Robert Carr Earl of Somerset were more in the favour of King Iames , or this Sir Thomas Overbury in the favour of the Earl of Somerset , until he lost it by disswading that Lord from keeping company with a Lady ( the Wife of another person of honour ) as neither for his credit here , or comfort hereafter . Soon after Sir Thomas was by King Iames designed Embassador for Russia . His false friends perswaded him to decline the Employment , as no better than an honourable Grave . Better lye some days in the Tower , than more months in a worse Prison ; A ship by Sea , and a barbarous cold Countrey by Land. Besides , they possessed him , that within a small time , the King should be wrought to a good opinion of him . But he that willingly goes into a Prison , out of hope to come easily out of it , may stay therein so long , till he be too late convinced of another Judgement . Whilest Sir Thomas was in the Tower , his Refusal was presented to the K. as an Act of high Contempt , as if he valued himself more than the Kings service . His strict restraint gave the greater liberty to his enemies to practice his death , 1615. which was by poyson performed : Yet was his blood legally revenged , which cost some a violent , and others a civil death , as deprived of their Offices . The Earl was soon abated in King Iames his affection ( Oh! the short distance betwixt the cooling and quenching of a Favourite ) being condemned , and banished the Court. Exact are the remarks he drew up of Foreign Countreys , & therefore no less such his transactions for his own . In this most esteemed with King Iames and his Master , that he suited both their Genius's in the easie and clear method , wherein he expressed the most difficult and knotty Affairs ; for they both being perplexed with that variety of Affairs in general , that they could not readily look into difficult Cases in particular , loved those that made things out easie and clear to them , as well fitted for their apprehensions , as obvious to their judgement — owning a Soul so quiet , that abate its youthful extravagancies , it knew not a motion but what was Duty and Interest ; felt no agitation but what was reason , and what Philosophy conveyed into the souls of the wisest , and observation in●n●ated into the spirit of the closest : if he expect●d a recompence suitable to his services , or an acknowledgment answerable to his merit , he understood not the humour and n●ture of mankind , the interest of F●vourites , or his o●n Parts , too guilty of rep●t●tion to be advanced , and of power not to be suppressed . — It 's M●chi●vel's rule ; That they who rise very high , should desce●d timely , and q●it the envy , lest they lose the honour of their gre●tness . Although this Gentleman's skill in accommodating Factions , in the Art of Negotiation , in the charm o● Language , in the I●terest of Princes , in maste●ing his o●n Resentments as well as his Enemies th●t provok●d him , h●d preserved him , if he had known as well how to hold his Tong●e , as how to speak ; if he had understood othe●s humours as well as they did his ; and if he had skilled as well fr●m whom to have refused kindness , as from whom he deserved it . — In a wo●d , he that considered so many other Maximes , was defective in complyance with his own , viz. That vertue is there unprofit●●le , where too great ; and that many had lost the favour of their Masters by over-much meriting it . Observations on the Life of Sir Clem. Edmonds . SIr Clement Edmonds , that learned and judicious Remembrancer of the City of London , was born at * Shratvardine in Shropshire , and bred Fe●low of All-Souls Colledge in Oxford , being generally skilled in all Arts and Sciences ; witness his faithful Translations of , and learned Illustrations on Caesar's Commentaries . Say not that Comment on Commentary was false Heraldry , seeing it is so worthy a work , that the Author thereof may pass for an eminent instance to what perfection of Theory they may attain to in matter of War , who were not acquainted with the Practick part thereof ; being once employed by Queen Elizabeth , with a dispatch to Sir Francis Vere , which occasioned his presence at the Battel at Newport : For he doth so smartly discuss , pro and con , and seriously decide many Martial Controversies , that his judgment therein is praised by the best Military Masters . King Iames taking notice of his Abilities , made him Clerk of the Council , and Knighted him ; and he was at last preferred Secretary of State , in the vacancy of that place ; but prevented by death , he acted not therein . At this day his goodness in his general carriage out-did his prudence , and his prudence in particular , his goodness ; but his industry loth in all things , and in nothing more than in his Scotch Neg●tiation , where he over-reached the slye French , composed and setled the unsatisfied King , and sent those weekly Advertisements to his Mistriss , that Sir Robert Cecil confessed the Master-wheel of those years revolutions . When Charles the fifth presented Secretary Eraso to his Son Philip the second , he said , He gave him somewhat greater than his Estate , and more royal than his Empire . When Sir William Waad introduced Sir Clement Edmonds to Court , he brought thither in that person more than he coul● carry away in his own : A person much accomplished in the great precepts and rules he observed ; more in his experience and application of those he practised ; wherein he was wise , but not presumptuous ; exact , but not pedantick ; allowing much to old Observations , more to new Circumstances : He was not more beholding to his Nature , than his Nature to his Study and Meditation ; and that to time and experience , which offered at once occasions of ininstruction , and matter of exercises , to his great understanding , so well acquainted with the a●●airs of former Ages , that he could not be surprized with those of his own , knowing how to command , before he was called to obey , as who trusted not to his own , short and perplexed life , that scarce holds out five or six important Negotiations , and ordinarily ceaseth to be , before it beginneth to know : but his policy may be guessed from his morality ; and his publick carriage in the tumults of Affairs , from his private conduct and command in the disorders of nature , these being as well managed by his reason , as the former by his prudence : His lesser skill in governing the little world being an earnest of that more large in ruling the greater . — The Government of others , saith Philosophy , is not fit for him who is a Slave to himself , Observations on the Life of James Hay , Earl of Carlisle . ONe Hay his Ancestor saved Sco●land from an Army of Danes at Longcarty with a a Y●ak in his hand . Iames Hay 6●0 years after saved the King of that Countrey from the Gowries at their house with a C●lter in his : the first had as much ground assigned him by King Kenith as a Falcon could flye over at one flight , and the other as much Land as he could ride round in two dayes . The whole Family fell before Dub●in-Castle in former dayes , fave a child left in his Mothers womb ; and had decayed in ours , but that the heir of it was cut out from his . He served his Master in Scotland by his Generosity ; and in England with his H●spitality ; the decay whereof King Iames observed the defect of the English Nobility ; and the restauration of it , he designed the honour of the Scots Gentry . Royal was his Masters munificence towards him , noble his towards others ; His Majesty being not more intent upon his advancement for publick service , than he was upon the advancement of others to h●s private assistance● : His Majesties gracious inclination being for a Reign of Peace , this servants estate was spent upon the Arts of it , I mean upon Feasts , Masques , gay Cloathes , and such other Delicacies as might soften our har●her natures to quietness , that Princes interest , who was first to understand , and then to manage the ●trength of this Nation . Although he failed in most of his Negotiations , because he carried his money on his back , rather than in his pur●●● rather to spend , than to bestow ; and amaze Foreigners , rather than oblige them : Yet was his Embassie more suitable to the French vanity , than either the Dutch thrift , or the German plainness ; and his carriage more answerable to a gawdy Treaty of Marriage , than to a close Agency for Interest , or the intricate consultations of War. So great the report of his Hospitality , that an Host of Delph demanded sixty pounds for providing him a Supper , though he never came that way ; yet so displeasing to the Prince of Orange , that when his Steward asked what he should provide extraordinarily for the great Embassador's entertainment ; the Prince looks on his Bill of Fare , and whereas there was but one Pig , he bid them write two ; tartly reflecting as well on my Lords Nation , as his magnificence . — One of his Entertainments I understand not the reason of , I mean his Ante-Suppers ; the manner of which was , to have the Board covered at the first entrance of Guests , with dishes as high as a tall man could well reach , filled with the choicest and dearest Viands Sea or Land could afford : and all this once seen , and having feasted the eyes of the invited , was removed , and fresh set on to the same height , having onely this advantage of the other , that it was hot ; at one whereof , an Attendant eat to his single share a whole Pye reckoned to my Lord at twenty pounds , being composed of Amber-greece , Magisterial of Pearl , Musk , &c. yet was so far from being sweet in the morning , that he almost poysoned his whole Family , flying himself like the Satyr from his own stink : and another went away with forty pound of Sweet-meats in his Cloak-bag . Yet must I needs judg●●●m uncharitable that writ of this noble person , that when the most able Physicians , and his own weakness had passed a judgement he could not live ma●y dayes , he did not forbear his Entertainments , bu● made divers brave Cloaths , as he said , to out●ace ●aked and despicable Death ; adding withal , That nature wantted wisdom , power or love , in making man m●rtal and subject to diseases : Forgetting ( as that censorio●s Pen goeth on ) that if every Individual his own lust had been able to have produced , should have prosecuted an equal excess with his , they would in a far less time than an age have br●●ght themselves or the world into the same disease he died of , which was a Consumption . For my part , I adhere to their Civility that represent his nature modest , his demeanor fair and Court-like , his obligations general , his interest as great with the Favourite as with the King , and so much the greater with the King , as he studied him more , and understood him better than any man : though one observeth , he was rather in his favour , than in his bosome , and therefore he took care , That as his Expedition and Civility made him the great Master of Requests at Court so his Marriage with the Heir-general of the Dennies should get him an Estate in the Countrey — wherewith he compleated his kindness with bounty , and ado●ned his bounty with courtesie . — Courtesie not affected , but naturally made up of humility , that secured him from Envy , and a Civility that kept him in esteem ; he being happy in an expression that was high , and not formal ; and a Language that was Courtly , and yet real . Observations on the Life of Sir Thomas Lake . SIr Thomas Lake was bred a Scholar under Saravia in Hampshire , a States-man under Sir Francis Walsingham at Court , where such his dexterity and dispatch , that he would indite , write , and discourse at the same time , more exactly than most men could severally perform them , being then called the Swift-sure ; such his celerity and solidity in all Affairs ! From the Secretaries Amanuensis , he was promoted the Queens Clerk of the Signet , to whom he read French and Latine to her dying day ; for he was reading to her , when the Countess of Warwick told him that the Queen was departed . In which Tongues she often said he surpassed her Secretaries . Such his sufficiency ( especially in keeping secrets ) that King Iames employed him in some French Affairs at his first arrival without Cecil , and afterwards as Secretary of State above him . For King Iames ( that loved what ever was facile and fluent ) being taken among other his Abilities with his Latine pen , said , that he was a Minister of State fit to serve the greatest Prince in Europe ; and that the Secretaries place needed him more than he it . Of whom I have no more to add , but that he was one of the three noble hands that first led Mr. George Villiers to King Iames his Favour . Observations on the Life of Lyonel Cranfield , Earl of Middlesex . SIr Lyonel was born in Basinghal-street , a Citizen , bred in the Custome-house , a Merchant-Adventurer ; his own Tutor , and his own University ; though his Family was ancient in Gloucestershire , and his Arms in the Heralds Office. King Iames was taken with him for his brief , clear , strong and pertinent discourses : The Duke of Buckingham was displeased because he would stand without him , yea in some things against him : many were as active as this stirring Lord , none more exact ; his presence was comely , his countenance cheerful and grave , his soul witty and wise , his apprehension quick and solid , his thoughts setled and resolved . When one asked him how a man might prevent death , he said , Get to be Lord-Treasurer , for none died in that Office. Though no Scholar , yet was he bountiful to Scholars ; though a Courtier , yet was he hospitable in the Countrey ; though he suffered much , yet was he contented ; and though he lost much , yet was he charitable . Very serviceable he was to the State in the business of Trade in general , but most in that of the Custom-house in particular : His first preferment was the custody of the Wardrobe , his second was the Mastership of the Cou●t of Wards and Liveries , and his third the Treasurer-ship of England . In the last whereof , his improvement of the Revenue , gained him not more honour with the King , than it d●d him envy from the Courtiers ; While to piece out the Treasure with the expence , he husbanded the one so thriftily , and retrenched the other so rigidly , that malice it self after many attempts to that purpose , could find no fault with his exact account in the boundless trust of the tempting Treasury . When the Prince was in Spain , he was the Sta●esman of the Council-Table , and the chief Minister of the Cabal , managing all the Dispatches , and overlooking all the Expences : In the last of which services he ran counter to the Duke of Buckingham's inclination , and his own Interest ; which was to keep himself up by that noble Person 's favour , as he rose by his Alliance . The occasion of his preferment might be some saving secrets of the Custome-house-men to improve the Revenue ; the reason of his decline , was some thrifty suggestion touching the Courtiers to preserve it . This is certain , he was a man fit for government , who quickly apprehended where any evil was , and had capacity enough to apply the remedy ; onely he had a little too stiffe a nature that would not easily yield , when he found on which side there was most reason ; and too much of the City in his maximes , which pretended to attain to that in a short time , which Politicians think not proper to arrive at but by a leasurely fuccession of Ages and Generations . Observations on the Life of Henry Howard Earl of Northampton . THis Family had endeared it self to many Kings by its services , but to none more than King Iames by its obligations . Thomas Duke of Norfolk being as it were his Mothers Martyr [ executed for a design to marry her ] and all his Relations his confessors [ kept under for their inclinations to advance him : ] Reasonable therefore it was , that my Lord that Dukes brother should be made Baron of Marnhill , Earl of Northampton , Knight of the Garter , Privy-Councellor , Lord Privy Seal , and Lord Warden of the Cinque-Ports . — Learning in any man had King Iames his affection , especially in a Noble-man , as our States-man , who was as serious a Student in Kings-Colledge and Trinity-Hall in Cambridge , as a discerning observator in Rome and Florence in Italy . His Dispensative against the suppased poyson of Prophesies , dedicated to Sir Francis Walsingham , bespeaks him a great and a general Scholar : His Speeches at Cambridge and in Star-Chamber , argue him both witty and wise : His expences shewed him publick-spirited , the unparallel'd port of his Family and dependants an Ancient Noble-man : His designing of Audley-End , and building of Suffolk-house , an Architect : His Hospital for tw●lve poor women , and a Governour at Rise in Norfolk ; for twelve poor men , and a Gove●nour at Clin in Shropshire ; for twenty poor men , and a Governour at Greenwich in Kent [ whereof eight to be chosen out of Shose-Sham where he was born ] a charitable man : his using of all his interest to avoid the burthen and weight of the Treasurer's place , and procure it for the Earl of Suffolk his Nephew , his noble disposition , not to advance himself by Court-flattery , or his fortune by State employment , being a Batchellour and a Student ; An instance of my Lord Bacon's observation ; He that hath Wife and Children , hath given Hostages to Fortune , for they are Impediments to great Enterprizes either to Vertue or Mischief . Certainly the best works , and of greatest merit for the Publick proceed from the unmarried and the Childeless , which both in affection and means have married and endowed the Publick . But to conclude this particular ; this Lord told his intimate Secretary Mr. George Penny ( who related it to my Author ) that his Nativity ( at his Fathers desire ) was calculated by a skilful Italian Astrologer , who told him that this his Infant-son should taste of much trouble in the middest of his life , even to the want of a meals meat ; but his old age should make amends for all , with a plentiful estate : which came to pass accordingly . For his Father dying in his infancy , no plentiful provision was made for him : and when his eldest Brother Thomas Duke of Norfolk was executed , his condition was much impaired ; insomuch that being once in London ( not overstocked with money ( when his noble Nephews the Earl of Arundel and the Lord Thomas Howard were out of Town ) and loath to pin himself on any Table uninvited ) he was fain to dine with the Chair of Duke Humphrey ; but other ( not to say better company ) viz. reading of books in Stationers Shops in St. Paul's Church-yard ; though afterwards he attained to great wealth , honour and command : However that Lord gave little credit to , and placed less confidence in such Predictions , as appeared by a learned Work he hath written on that subject . Observations on the Life of Sir John Ramsey , Earl of Holderness , and Sir Tho. Ereskin Earl of Kelley . BOth their preferment● began on the same occasion ; both their natures were eminent for the same innocence and goodness ; both their services tend to the same issue , and therefore both their Characters come under one observation ; which it's more proper to take in the word of their Countrey-man and Contemporary that knew them , than in the expression of a stranger that onely heard of them . The whole story runs thus : The name of Ruthen in Scotland was not notorious , until Anno 1568. when Ruthen amongst others , Confederates , in those divided times of trouble , laboured much for the imprisoning Queen Mary Mother to King Iames. In 1582. his son William was created Earl Goury , in the time of that King's minority , though the Father bore deadly hatred to the King's prosperity . And in 1584. himself was in actual Rebellion , in which he suffered at Dondee . His eldest son Iohn , then in Travel in Italy , returns home to inherit his lands and honours ; but not one jot changed in disposition from the traiterous ways of his Predecess●rs : For not long after he falls into this Conspiracy ; which is not so ancient , but that many then and now living , can , and my self , have heard the repetition . The house of Gowry were all of them much addicted to study Chymistry ; and these more to practise it , often publishing ( as such Professors usually do ) more rare experiments then ever could be performed ; wherein the King ( a general Scholar ) had little faith . But to infuse more credit to the practice , Alexander Ruthen the second brother takes this occasion , and withal conspires with Gowry to assassinate the King ; and taking opportunity in his hunting , not far from his house St. Iohnstone , invites the King to be an eye-witness of his productions . In their way Sir Thomas Erskin ( after Lord Kelley ) overtakes them and others , Demanding of the Duke of Lenox , then present , why Alexander had ingrossed the King's ear , to carry him from his Sports ? Peace man , said the Duke , Wee's all be turn'd into gold . Not far they rid , but that the Earl Gowry made good by protestation his Brother's story . And thus was the King brought to be a Guest . Neer the end of Dinner , at his Fruit , and the Lords and Waiters gone to eat , Alexander begs of the King , at this opportunity to withdraw , and to be partaker of his Production , to the view of that which yet he could not believe . And up h● leads the King into by-lodgings locking each door behind them , till they came into a Back-Room ; where no sooner entered , but that A●exander claps on his Bonnet , and with stern countenance , faces the Kin● , and says ; Now Sir , you must know , I had a Father , whose blood calls for revenge , shed for your sake . The King amazed , deals gently with his fury , excuses the guilt of his death , by his then - Infancy . Advising him not to lay violent hands on the sacred Person of his Anointed Soveraign , Especially in a cause of his Innocency : Pleading the Laws of God and Man ; which so much wrought upon him , that he said , Well , I will speak● with my Brother ; and so put the King into a Lobby Room next the Chamber ; where no sooner entered , but that there appeared a fellow weaponed , ready for execution , to whose custody the King is committed till his return . Alexander gone down , the fellow trembles with Reverence , puts down his Sword , and craves pardon ; which gave the King occasion to work upon that passion , and to ask him whether he resolved to murther him ? Being assured to the contrary , the King gets leave to open a window , that looked into a back Court. When presently Alexander returns , and tells the King that he must dye : But much affrighted at the Fellow's countenance , with his sword offers violence to the King ; Which the fellow seemingly opposes , and between them began a scuffle , which gave advantage to the King to cry Treason at the Window , which looked into a back-Court , where Sir Thomas Erskin , and one Herries , were come in pursuit of the King , who was rumoured to be gone out the back-way to his hunting . At the cry of Treason , and known to be the King's voice , they both hastened up a back-stair , called the Turn-pike , being directed by a servant of the house , who saw Alexander ascend that way . And so forcing some doors , that found them above , panting with the fray ; and up comes also at heels of them , Iohn Ramsey ( after Earl of Holderness : ) by them Alexander was soon dispatched . Not long after came the Earl Gowry ( by his double key ) the first way , with a case of Rapiers , his usual weapons , and ready drawn . To whom Erski● said , as to divert his purpose ; What do you mean , my Lord ? the King is kill'd : ( for the King was shadowed , having cast himself upon a Re● from his sight , and his Cloak was thrown upon the Body of Alexander , bleeding upon the ground : ) At which Gowry stops , sinking the points of his weapons ; when suddenly Herries strikes at him with a hunting Falchion . And Ramsey having his Hawk on his fist , casts her off , and steps in to Gowry , and stabs him to the heart ; and forthwith more Company came up . Not long after this Conspiracy , Herries dies well rewarded . Iohn Ramsey hath the Honour of Knighthood , with an additional bearing to his Coat of Arms , A Hand holding forth a Dagger , reversed proper , piercing a bloody Heart , The point crowned Emperial , with this Distick , Haec Dextra Vindex Principis & Patriae . Afterwards he was created Lord Haddington , and Earl of Holdern●ss . Sir Thomas Erskin was afterwards created Earl of Kelly , Knight of the Garter , Captain of the King's Guard , and Groom of the Stool ; and the Fellow designed for the Murtherer , had a large Pension confirmed by Act of their Parliam●nt . And all these men ( but Herries ) were living , with other witnesses , at King Iames his journey , when he went from hence to visit Scotland , and met together by direction at the same house , with Ceremony ; and all of them , with a number of Courtiers , ascended into the same Room , the blood yet r●maining , where the King related the Story , which was confirmed by them . And afterwards kneeling down , with tears of Contrition for his Sins to God , and thankfulness for this Mercy , using mary pi●us Ejaculations , embraced all these Actors in the former Tragedy ; when the poor fellow also kist the King's hand . These circumstances gave occasion then , that this whole story was freshly revived , to the common Satisfaction of the whole Countrey , and our English Courtiers . And in especial , unto the very reverend Bishop , and nobly born , Iames Mountague , then present , to whom the King addressed himself in this Relati●n , and from whose Mouth saith the Relator , I received these particulars , at his return into England . And thus much we have by word of mouth : somewhat I shall add out of writings , for more satisfaction . This Treason was attempted the fourth of Aug●st 1600. And though there followed sundry Sus●itions and Examinations of several other Persons , supposed Abettors and Contrivers ; yet it lay undiscovered , tanquam e post liminio , until eight years after , by the circumspection principally of the ●arl of Dunbar , a man of as great wisdom as those t●mes and that Kingdom could boast of , upon the ●e●son of on● Geo●ge S●ro● , Notary-publick of A●emouth in Scotland , from some words which at first he sparingly or unawares expressed , and also by some papers which were found in his house ; whereof being examin'd , with a little ado he confessed , and was condemned and executed at Edenburgh the 12th . of A●g . 1608. A Relation I conceive not common , but in my hands to be produced , and written by that learned Gentleman William Hart , then Lord Iustice of Sco●land , and Principal in all the Acts of Judicature herein . Neither of these Lords professed any skil● in Politicks ; yet neither wanted a strong judgment , which they could make good use of in time and place convenient , giving testimonies in those Employments they had , of a strict secrecy , a great moderation , and a happy compliance with opportunity , Qualities exceedingly well lodged in men of Interest and Command , especially in these two , who neither too easily closed with others resolutions , nor too obstinately adhered to their own ; one of which was alwayes to suspect men of new words , as much as men of new opinions , because to flye from proper School terms to vulgar conceptions , is a way seldome troden but by false Prophets , and Seditious Orators — who have done this onely good in the world , that from their collition a considerable deal of light hath proceeded towards the clearing of several points in Philosophy and Religion — in the speculations whereof the men whose lives are so practical and involved in business , are not so distinct , being not at leisure to quest at every Lark which men spring in either ; though otherwise the best q●alified for s●ch undertakings , because men of most judgement and experience ; and of ●he least passion and prejudice , and by so much the less impetuous and censorious , by how much the more judicious and discreet ; and by so much the more value in the Eyes of others , by how much the less they are in their own ; who have this a●vant●ge in controversies , that their Religion is thoug●t as much better than their Adversaries , as their Charity and moderation is greater . Observations on the Fall of Sir Tho. Lake . A Great Estate this Gentleman had honestly got , and a greater esteem , being King Iames his right hand , and the Scots both hands ; that with which they begged , and that with which they bestowed ; the instrument of the meaner sorts relief , and the greaters bounty ; until that Malice and Revenge , two violent passions over-ruling the Weaker Sex , concerning his Wife and daughter , involved him in their quarrel , the chief and onely cause of his ruine . He had by his Wife sons and daughters : His eldest married unto the Lord Baron Resse ( in right of a Grandmother ) the son of Thomas Earl of Exeter by a fo●mer venter . And upon the credit of Sir Thomas Lake , he was sent Embassador Extraordinary into Spain , in a very gallant Equipage , with some hopes of ●is own to continue Lieger , to save charges of transmitting any other . In his absence there fell out an extream deadly fewd ( 't is no matter for what ) between the Lady Lake , and the Countess of Exeter . A youthful Widow she had been , and vertuous , and so became Bedfellow to this aged , gowty , diseased , but noble Earl. And that preferment had made her subject to Envy and Malice . Home comes the Lord Rosse from his Embassie , when being fallen into some neglect of his W●fe and his kindred , I conceive upon refusal of an increase of allowance to her settlement of Ioynture , which was promised to be compleated at his return ; not long he stays in England , but away he gets into Italy , turns a professed Roman Catholick , being cozened into that Religion by his publick Confident Gondamore . In this his last absence ( never to return ) the Mother and Daughter accuse the Countess of former Incontinency with the Lord R●sse whilest he was here , and that therefore upon his Wives discovery he was fled from hence , and from her Marriage-Bed ; with other devised Calumnies , by several designs and contrivements , to have poysoned the Mother and Daughter . This quarrel was soon blazon'd at Court , to the King's ear , who as privately as could be , singly examines each party . The Countess with tears and imprecations professeth her Innocency ; which to oppose , the Mother Lake and her Daughter counterfeit her hand to a whole sheet of Paper ; wherein they make the Coun●ess with much contrition to ackno●ledge her self guilty , crave pardon for attempting to poyson them , and desire friendship with them all . The King gets sight of this , as in favour to them , and demands the time , place , and occasion when this should be writ . They tell him , that all the parties met in a visit at Wimbleton ( the house of the Lord of Exeter ) where , in dispute of their differences , she confesses her guilt of attempting their poyson . And being desirous of absolution and friendship ( being required thereto ) consents to set down all Circumstances therein , under her own hand , which presently she writ at the Window in the upper end of the great Chamber at Wimbleton , in presence of the Mother and Daughter , the Lord Rosse , and one Diego a Spaniard his confiding Servant . But now they being gone , and at Rome , the King forthwith sends Mr. Dendy ( one of his Serjeants at Armes , sometimes a Domestick of the Earl of Exeters , an honest and worthy Gentleman ) post to Rome , who speedily returns with Rosse and Diego's hand , and other testimonials , confirming , That all the said Accusation , and Confession , Suspitions and Papers concerning the Countess , were notorious false and scandalous ; and confirms it by receiving the Hoast , in assurance of her Honour , and his Innocency . The King well satisfied , sends to the Countesses Friends and Trustees for her Ioynture and Estate ; who comparing many of her letters with this Writing , do confess it counterfeit . Then he tells the Mother and Daughter , That this writing being denied by her , and their testimonies , being parties , would not prevail with any belief , but any other Additional witness would give it sufficient credit . To which they assure him , That one Sarah Swarton , their Chamberesse , stood behind the Hanging , at the entrance of the Room , and heard the Countess read over what she had writ : and her also they procure to swear unto this before the King. To make further tryal , the King in a hunting journey at New-park near Wimbleton , gallops thither , views the Roo●● , observing the great distance of the Window from the lower end of the Room ; and placing himself behind the Hanging , and so other Lords in turn , they could not hear one speak loud from the window . Then the Housekeeper was call'd , who protested those Hangings had constantly furnisht that Room for thirty years ; which the King observed to be two foot short of the ground , and might discover the woman , if hidden behind them . I may present also , the King saying , Oaths cannot confound my sight . Besides all this , the Mother and Daughter connterfeit another Writing , a Confession of one Luke Hutton , acknowledging for 40 pound annuity , the Countess hired him to poison them ; which Man , with wonderful providence was found out privately , and denies it to the King. And thus prepared , the King sends for Sir Thomas Lake , whom indeed he very much valued ; tells him the danger to imbarque himself in this Quarrel , advising him to leave them to the Law , being now ready for the Star-Chamber . He humbly thanked his Majesty , but could not refuse to be a Father and a Husband ; and so puts his Name with theirs in a cross Bill , which at the hearing , took up five several days , the King sitting in Iudgment . But the former testimonies , and some private confessions of the Lady Rosse , and Sarah Wharton , which the King kept in private , from publick proceedings , made the Cause for some of the days of Tryal , appear doubtful to the Court , until the Kings discovery , which concluded the Sentence , and was pronounced in several Censures ; Sir Thomas Lake and his Lady fined ten thousand pounds to the King , five thousand pounds to the Countess , fifty pounds to Hutton , Sarah Wharton to be whipt at a Carts tail about the streets , and to do penance at St. Martin's Church . The Lady R●sse , for confessing the truth and plot in the midst of the Tryal , was pardoned by the Major Voices from penal Sentence . The King , I remember , compared their Crimes to the first plot of the first sin in Paradise , the Lady Lake to the Serpent , her Daughter unto Eve , and Sir Thomas to poor Adam , whom he thought in his conscience , that his love to his Wife had beguiled him . I am sure , he paid for all , which , as he told me , cost him thirty thousand pounds , and the loss of his Masters favour , and Offices of gain and honour , but truely with much pity and compassion of the Court. Obs●rvations on the Life of the Earl of Suffolk . HIs Uncle Northampton negotiated his preferment , and his Father No●folke deserved i● , 〈◊〉 whose sake the eldest Son Philip Earl of Ar●●●●l was ●●de Lord Mars●al , and this second first C●●mberlain , and then Treasurer : wherein as the Earl of Middlesex understood well the priviledges of the City , so my Lord kenned well the Revenues of the Crown . But his fair Daughter , that gained him most favour , did him most harm ; he falling with his Son Somerset's miscarriages , when he might have stood without his Relation : being as plain as his brother Henry was subtle ; as obliging , as he was insinuating ; as knowing , as he was cunning ; the one conversing with Books , the other with Men. A Gentleman from whom I requested his Character , returns me no more but this : He was a man never endued with much patience , and one that much retarded the progress of his fortune , by often speaking publickly with too much liberty : Otherwise very true to the Maximes of his Age. 1. Linking himself to the Scots . 2. Buying Fee-Farm Rents to avoid envy , as my Lord of Salisbury before him in the Scots Debenturers names . 3. Promoting Northern Suits . And 4. projecting for money . He was also Chancellor of Cambridge , loving and beloved of the University . When at his first coming to Cambridge , Mr. Francis Nethersole Oratour of the University , made a Latine Speech unto him ; the Lord returned , Though I understand not Latine , I know the sense of your Oration is to tell me that I am welcome to you ; which I believe verily : I thank you for it heartily , and will serve you faithfully in any thing within my power . Dr. Harsenet the Vice Chancellor laying hold on the handle of so fair a Proffer , requested him to be pleased to entertain the King at Cambridge ; a favour which the University could never compass from their former great and wealthy Chancellours ; I will do it ( saith the Lord ) in the best manner I may , and with the speediest conveniency . Nor was he worse than his word , giving his Majesty such a Treatment in the University , as cost him five thousand pounds and upwards . Hence it was , that after his death , Thomas his second son Earl of Bark-shire ( not suing for it , nor knowing of it ) was chosen to succeed him , losing the place ( as some suspected ) not for lack of Voices , but fair counting them . Observations on the Life of Sir Rob● Cary. HE was born an ingenious man , of good parts and breeding ; but of so uncourtly a temper , that in all likelihood we had not heard of him , had he not had the luck to have been the first Messenger let out of the Court by the favour of his Father the Lord Chamberlain , to bring King Iames news that Queen Elizabeth was dead ; when the Scots expectation was so tyred , that they thought Queen Eliz. would never dye , as long as there was an old woman that could either wear good cloaths , or eat good meat in England . Upon which good account he is a Bed-chamber-man to King Iames , and a Tutor to Prince Charles ; though he had made better use of his Talent as a Soldier , than as a Courtier , having too much of the Candor of that Family ; that as the Historian observed , spake of things alwayes as they deserved : And though he had wit enough , yet he had not the judgment or way to make those stand in awe of him , who were m●st obliged to him . Observations on the Lives of Sir Robert Naunton , and Sir Francis Nethersole . SIr Robert Naunton is the Author of one Book of Observations upon the States-men of Queen Eliz. times , and must be the subject of another of King Iames's : He noted then in his youth , what he was to practice afterwards in his more reduced years . His University-Studies at Trinity-Colledge , whereof he was Commoner ; and at Trinity-Hall , whereof he was Fellow ; His Speeches both while Proctor and Orator of Cambridge , discovered him more inclined to publick Accomplishments , than private Studies : He improved the opportunity of the speech he was to make before K. Iames at Hi●chinbrook so well , that as His Majesty was highly affected with his Latine and Learning , so he exactly observed his prudence and serviceableness ; whereupon he came to Court as Sir Thomas Overburies Assistant first , and then as Sir George Villiers friend , who promoted him to be Secretary of State , Ian. 8. 1617. as his Majesty did a while after to be Mr. of the Wards . The first place whereof he discharged with as much ability and dexterity , as he did the second with integrity ; onely he was observed close-handed , whether out of his natural inclination to Parsimony , or some fixed design to regulate and reduce the great expences of this Nation ; or from some hidden and refined politick consideration , that that might be done by a wary observation of men's integrity and inclination , which was usually done with money : and indeed , as a great man observeth , to procure good information of particulars touching persons , their natures , their desires and ends , their customs and fashions , their helps and advantages , and whereby they chiefly stand : So again , their weaknesses and disadvantages , and where they lye most open and obnoxious ; their friends , ●actions , and dependencies : and again , their opposites , envyers , and Competitors ; their moods and times , their principles ; rules , observations , &c. their actions how conducted , how favoured , how opposed , &c. is the onely way of success in business , and of prevailing in fortune , especially if attended with this Gentleman 's two master-Qualities ; 1. Reservedness , the security ; 2. Slowness of belief , the sinew of wisdom . Finding his temper agreeable with the University , he allowed himself more scope and liberty ; but observing his particular constitution not suitable to the general state of his times , the whole course of his life was more close , retyred , and reserved , opening it self but with an half-light , and a full advantage : and what he was to others , he believed all others were to him , as hardly trusting them , as he was understood himself , unless surprized in his countenance by the motions of it , or in his actions by the suddenness of them , or in his temper by his passion , but as far as can be guessed ; from the Letters that passed between them about the Palatinate . He was of the same make in the State , as Arch-Bishop Abbot was in the Church , zealous and sullen ; if others had a better wit than he in abusing him , he had a better memory than they to think of it ; for one Mr. Wiemark a wealthy man , a great N●vilant , and constant Paul's walker , hearing the news that day of the beheading of Sir Walter Rawleigh ; His head ( said he ) would do well upon the shoulders of Sir Robert Naunton Secretary of State. These words were complained of , and Wiemark summoned to the Privy-Council , where he pleaded for himself , that he intended no disrespect to Mr. Secretary , whose known worth was above all detraction ; onely he spake in reference to an old proverb , Two heads are better than one ; and for the present he was dismissed . Not long after , when rich men were called on for a contribution to St. Pauls , Wiemark at Council-Table subscribed a hundred pounds ; but Mr. Secretary told him , Two hundred were better than one ; which betwixt fear and charity Wiemark was fain to subscribe . Neither was he sooner up , than he gave his Colleague and Successor in the Orators place , Sir Francis Nethersole , his hand to advance him too ; whom after his elegant Speech on Prince Henry , we find a prudent Agent with the Princes of the Union , and a faithful Secretary to the Queen of Bohemia , for whom he did much , and suffered more . Yet was he lately alive , and as charitable in his elder years , as ever he was noble in his younger . Observations on the Life of Sir Arthur Ingram . SIr Arthur had wit in Italy , where he was a Factor , and wealth in London , where he was a Merchant , to be first a Customer , and then a Cofferer to that King , who had this happiness , that he understood so much of all his affairs , as to make a judgement of what persons might be most serviceable to him in each of them . So pragmatical a person as this Gentleman , was necessary among the Custom-house-men , who were about to engross all the wealth of the Kingdom ; and as useful among the Green-cloath-men , who shared amongst themselves vast Concealments . The activity of his head had undone him , had not the odium of it been allayed by the discretion of his tongue ; whatever he spake , being naturally accompanied with such a kind of modesty and affability as gained the affection , and attracted the respect of all that conversed with him ; onely some wary men were jealous of that watchful and serene habit he had attained to in every conference and action , as well to observe as to act : though it was more than they needed , he having not that good stay and hold of himself , his much observing tempting him to much medling ; though never more need of it than at that time , when ninety and odd thousand pounds were spent upon the Palsgrave ; to reimburse which money , he set up the improvement of Coyn , the Farthings , the borrowing of money of the Customers , and as many other Projects to get money , as others had to spend it . Observations on the Life of Sir Henry Yelverton . THis Gentleman's relation to Sir Thomas Overbury brought him to the Earl of Somerset's service , and my Lord of Somerset's service recommended him to the Kings favour ; whereby he was at first his Counsel learned , and afterwards his Attorney-General ; in which last place his duty enjoyned him the impeachment of that Earl , but his gratitude forbad him : Loth he was to refuse his Masters command , more loth to have a hand in his Patrons ruine ; his civility outweighed his prudence , and his obligations his safety : for refusing to implead his Mr. as a great Delinquent at the Bar , he was sent by the Council as a greater to the Tower , where he continued until ( as some say ) the Duke of Buckingham came to him at midnight ; and hearing from him such mysteries of State as nearly concerned his own safety , not onely released , sed , but advanced him to a place of Judicature ; which his Integrity and Ability might deserve , but his niceness and narrowness could not keep it : Law and Equity have two Courts , but Law and Discretion should dwell in one breast . The truth is there is a great advantage in the well-setting forth of a mans vertues , fortunes , merits ; and again , in the Artificial covering of a mans weaknesses , defects , disgraces ; staying upon the one , sliding from the other , making use of circumstances , &c. which this good and plain man was a stranger to , being not so true to himself , or so setled , but that either upon heat , or bravery , or kindness , or trouble of mind and weakness , he would open himself to his Enemies satisfaction , and his own hazard . — Yet I must needs say , That his Letter of submission to the Duke was ingenuous , if he was guilty ; and Courtly , if he was innocent . Sir Francis Bacon took a wiser course in my Lord of Essex his Case , than he in the Earl of Somersets ; for when that Lord entertained destructive , before displeasing Counsel , the knowing Knight fairly forsook not his person , whom his pity attended to his Grave , but his practises ; and herein was not the worse friend , for being the better Subject . Observations on the Life of Bishop Mountague . JAmes M●untague son to Sir Edward Mountague , was born at B●ughton in Northamptonshire , bred in Christ●-C●lledge in Cambridge : He was afterwards Master , or rather nursing Father to Sidney-Colledge ; For he found it in bonds to pay twenty Marks per annum to Trinity-Colledge for the ground whereon it is built , and left it free , assigning it a rent for the discharge thereof . When the Kings Ditch in Cambridge made to defend it by its strength , did in his time offend it with its stench , he expended a hundred Marks to bring running-water into it , to the great conveniency of the University . He was afterwards Bishop first of Bath and Wells , th●n of Winch●ster , being highly in favour with King Iames , who did ken a man of merit , as well as any Prince in Christendom . He translated the Works of King Iames into Latine , and improved his greatness to do good Offices therewith . He dyed Anno Dom. 1618. AEtat . 49. and lyeth buried within his fair Monument , within his fairer , I mean a goodly Tomb in the Church of Bath , which oweth its well-being and beauty to his Munificence . King Iames cast his eye upon him at Hinchingbrook ( where the University of Cambridge met him as he came from Scotland ) because he obse●ved him one of those he knew he must oblige , I mean a Gentleman : He set his heart upon him at Court , because he found him one he intended to employ , I mean a Scholar . He was the onely man of all the Doctors he conversed with there , and the onely man of all the Bishops he consulted with at White-Hall . His nature inclined him to magnificence , and his vertue to Thrift ; sparing from lesser vanities , what he might expend upon greater enterprizes ; never sparing when just designs called for great charge . Grateful he was to his followers , though not prodigal : Good men choose rather to be loved for their benefits to the Community , than those to private persons : His understanding was as large as his heart was honest , comprehensive both of men and things ; even those things that were either below or besides his care , going not besides his observation ; he held a freedom of the will not from an humble● dependance upon the first cause , but from a fatal compulsion by the second causes , nec truncos nec Sacrilegos , abhorring to make that noble creature Man created by God after his own Image , to be the Governour of the Universe , Lord and Master of the Creatures should be no more than the man in the beginning of Almanacks , who is placed immoveable in the midst of the 12 Signs , as so many second causes , if he offer to stir , Aries is over his head ready to push him ; and Taurus to goar him in the Neck , &c. He anticipated his age with his worth , and died at fourscore in merit , when not fifty in years ; filling his time not with dayes but with vertues so early , as seemed rather innate than acquired : For which he was so popular in the Countrey , as well as favoured at Court ; that a corpulent Officer of Bath-Church being appointed on the day of his Burial to keep the doors , entred on his employment in the morning , but was buried himself before night , and before the Bishop's body was put in the ground ; because being bruised to death by the pressing in of people , his Corps required speedy interment . — In those days the Plebs concurred with the King in their affections to , because they su●mit●ed to him in their choice of persons ; for then wisdom was thought to dwell in the Head , and good Folks thought their Soveraign wiser 〈◊〉 ●hemselves . Observations on the Life of Sir Edm. Anderson . SIr Edmund Anderson was born a younger brother of a Gentile Extract at Flixborough in Lincolnshire , and bred in the inner Temple . I have been informed that his Father left him a thousand pounds for his portion , which this our Sir Edmund multiplyed into many , by his great proficiency in the Common-Law , being made the 24th of Queen Elizabeth Chief Justice of the Common-Pleas . When Secretary Davison was sentenced in the Star-Chamber for the business of the Queen of Scots , Judge Anderson said of him , that therein he had done * justum non juste ; and so acquitting him of all malice , censured him with the rest of his indiscretion . When H. Cuffe was arraigned about the rising of the Earl of Essex , and when Sir Edward Coke the Queens Solicitor opposed him , and the other answered Syllogistically , our Anderson ( sitting there as a Judge of Law , not Logick ) checked both Pleader and Prisoner , ob stolido● syllogismos , for their foolish Syllogismes , appointing the former to press the Statute of Edward the third . He died in the third of King Iames , leaving great Estates to several sons . He was a pure Legist , that had little skil in the affairs of the world , always alledging a decisive Case or Statute on any matter or question , without any regard to the decency , or respect to be had towards a State , or Government , and without that account of a moderate interpretation some circumstances of things require , being so much the less useful as he was incompliant , and one whom none addre●sed to , because , as one observes of Cardinal Corrado ; Such think they do in same manner sacrifice themselves , when they do but in the ●e st●●ct against their own opinions , to do a man a little p●e●sure . There are a kind of honest men of good conscience , whose capacities being narrow , uncertain private resolutions , inconsistent with publick interest ; who may for me pass for good men , but shall never be censed or registred for good Cit●ze●s ; because when streight-laced and short apprehensions are resolved into conscience and m●ximes , those men are obliged to be so obstinate as ●o change or remit nothing of their first resolutions , how unreasonable soever in themselves , or dangerous in the consequence . State-policy is wholly involved in matter and circumstances of time , place , and persons ; not capable of such exact rules as Geometry , Arithmetick , and other Sciences , whose subject is abstracted from matter ; he who ●●ss●●geth State-affairs by general rules , will quickly ruine both himself and those who a●e committed to his government ; the quintessence of policy doth consist in the dexterous and skilful application of general rules to the subject matter : co● of the great ends of policy and government , is the creating a mutual confidence amongst men ; and to ●llay those distracting jealousies grounded ●n an universal suspicion of humane nature , much like the good Womans fear that the Log would ●●●p out o● the fire , and knock out the brains of her Child ) which have no other use , than the beget●●g 〈…〉 rp●tu●l v●xatio●s , the discouragement of free Trade and Converse ; a teaching of them who are suspected often to do worse than they imagined , and the creating of sedition and troubles . Observations on the Life of Sir Thomas Bodley , by himself . 1. I Was born at Exiter in Devonshire , March 2. 1544. descended both by Father and Mother of worshipful Parents . My Father in the time of Q●een Mary , being noted and known to be an enemy to Popery , wa● so cruelly threatned and so narrowly observed , by those that maliced his Religion , that for the safeguard of himself and my Mother , who was wholly affected as my Father , he knew no way so secure as so flye into Ge●many . 2. My Father fixed his abode in the City of Geneva ; where , as far as I remember , the English Church consisted of some hundred persons . I was at that time of twelve years of age , but through my Fathers cost and care , sufficiently instructed to become an Auditor of Cheval●erius in Hebrew , of Bernaldus in Greek , of Calvin and Bez● in Divinity , and of some other Professors in that Univ●rsity ( which was newly then erected ) besides my domestick Teachers in the house of Phili●erius S●raceaus , a famous● Physitian in that City , wi●h whom I was boarded , w●ere Rober●us Constantinus , that made the Greek Lexicon , read Homer to me . 3. In the first of Queen Elizabeth , my Father returned , and setled his dwelling in the City of London . It was not long after , that I was sent away from thence to the University of Oxford , recommended to the teaching and tuition of Doctor Humphrey . In the year 1563. I took the degree of Batchellor of Arts ; within which year I was chosen Probationer of Merton Colledge , and the next year ens●ing admitted Fellow . Afterwards , in the year 1565 , by special perswa●sion of some of my Fellow● , and for my private exercise , I undertook the publick reading of a Greek Lecture in the same Colledge-Hall , without requiring or expecting any stipend for it : Nevertheless it pleased the Fellowship of their own accord to allow me soon after four marks by the year , and ever since to continue the Lecture to that Colledge . 4. In the year 1566 , I proceeded Master of Arts , and read for that year in the School-streets natural Philosophy . After which time , within less than three years space , I was won by intreaty of my best affected friends to stand for the Proc●orship , to which I and my Colleague were quietly elected in the year 1569 , without any competition or counter-suit of any other . After this for a long time , I supplied the Office of University-Oratour , and bestowed my time in the study of sundry faculties , without any inclination to profess any one above the rest ; insomuch as at last I waxed desirous to travel beyond the Seas , for attaining to the knowledge of some special modern Tongues , and for the encrease of my experience in the managing of affairs ; being wholly then addicted to employ my self and all my cares in the publick service of the State. 5. After my return , in the year 1585 , I was employed by the Queen to the King of Denmark , and to the German Princes : Next , to Henry the third , King of France : After this , in 88 , for the better conduct of her Highness Affairs in the Provinces United , I was thought a fit person to reside in those parts , and was sent thereupon to the Hague in Holland ; where , according to the Contract that had formerly pass'd between her Highness and the States , I was admitted for one of their Council of Estate , taking place in their Assemblies next to Count Maurice , and yielding my suffrage in all that was proposed . During all that time , what approbation was given of my painful endeavours by the Queen , by the Lords in England , by the States of the Countrey there , and by all the English Soldiery , I refer it to be notified by some others Relation . 6. I received from her Majesty many comfortable Letters of her gracious acceptance of my diligence and care : and among the Lords of the Council had no man more to friend , then was the Lord Treasurer Burleigh . For when occasion had been offered of declaring his conceit as touching my service , he would always tell the Queen ( which I received from her self and some other Ear-witnesses ) that there was not any man in England so meet as my self to undergo the Office of the Secretary . And sithence his son , the present Lord Treasurer hath signified unto me in private conference , that when his Father first intended to advance him to that place , his purpose was withal to make me his Colleague : But that the daily provocations of the Earl of Essex were so bitter and sharp against him , and his comparisons so odious when he put us in a balance , as he thought thereupon he had very great reason to use his best means , to put any man out of hope of raising his fortune , whom the Earl with such violence , to his extream prejudice , had endeavoured to dignifie . 7. When I had well considered , how ill it did concur with my natural disposition , to become or to be counted either a stickler or partaker in any publick faction ; how well I was able , by Gods good blessing , to live of my self , if I could be contented with a competent livelihood ; I resolved thereupon to possess my soul in peace all the residue of my days , to take my farewel of State-employments , and so to retire me from the Court. 8. Now although after this , by her Majesties direction , I was often called to the Court , by the now Lord Treasurer , then Secretary , and required by him , and also divers times s●nce , by order from the King , to serve as Ambassador in France , and to ●egotiate in other very honourable employments , yet I would not be removed from my former final resolution ; but have continued at home my retired course of ●●fe , which is now meth●nks to me as the greatest preferment the State can afford . 9. This I must confess of my self , that though I did never repent me yet of my often refusals of honourable offer● , in respect of en●iching my private Estate ; yet somewhat more of late I have blamed my sel● and my nice●y that way , for the love that I bear to my Reverend Mother the University of Oxford , and to the advancement of her good by such kind of means as I have since undertaken . 10. Having examined what course I might take , I concluded at the last to set up my staffe at the Library door ; being throughly perswaded , that in my solitude and surcease from the Common-wealth affairs , I could not busie my self to better purpose then by reducing that place ( which then in every part lay ruined and waste ) to the publick use of Students : 11. For the effecting whereof , I found my self furnished in a competent proportion , of such four kinds of aids , as unlesse I had them all , there was no hope of good success . For without some kind of knowledge , as well in the learned modern Tongues , as in sundry other sorts of Scholastical literature ; without some purse-ability to go through with the charge ; without very great store of honourable friends to further the design , and without special good leisure to follow such a work , it could but have proved a vain attempt , and inconsiderate . 12. But how well I have sped in all my endeavours , and how full provision I have made for the benefit and ease of all frequenters of the Library ; that which I have already performed in sight ; that besides , which I have given for the maintenance of it ; and that which hereafter I purpose to add , by way of enlargement to that place ( for the project is cast , and whether I live or dye , it shall be , God ●illing , put in full execution ) will testifie so truly and abundantly for me , as I need not to be the publisher of the dignity and worth of mine own institution . Written with mine own band , Anno 1609. Decemb. 15. Observations on the Life of Henry Vere Earl of Oxford . HEnry Vere was son of Edward Vere , the seventeenth Earl of Oxford , and Anne Trentham his Lady ; whose principal habitation ( the rest of his patrimony being then wasted ) was at Heningham-Castle in Essex : A vigorous Gentleman , full of courage and resolution , and the last Lord Chamberlain of England of this Family . His sturdy nature would not bow to Court-compliants , who would maintain what he spake , speak what he thought , think what he apprehended true and just , though sometimes dangerous , and distastful . Once he came into Court with a great milk white feather about his hat , which then was somewhat unusual , save that a person of his merit might make a fashion . The Reader may guess the Lord who said to him in some jeer , My Lord , you wear a very fair Feather : It 's true ( said the Earl ) and if you mark it , there is ne're a Taint in it . Indeed his Family was ever loyal unto the crown , deserving their Motto , Vero nil Verius . His predecessors had not been more implacable enemies to Spain in the Low-Countries , than he was at Whi●e-Hall , backing those arguments against the Match stoutly in the Presence-Chamber , that Doctor Hackwel had urged zealously in the Pulpit ; and as resolutely suffering imprisonment for the one , as the Doctor did suspension for the ot●er ; declaring himself as freely against the Agent Gondomar , as against his business , the Marriage : For chancing to meet Gon●omar at an Entertainment , the Don accosted him with high Complements , vowing ; That amongst all the Nobility of England , there was none he had tendered his service to with more sincerity than to his Lordship , though hitherto such his unhappiness , that his affections were not accepted according to his integrity that tendered them . It seems ( replyed the Earl of Oxford ) that your Lordship hath good leisure , when stooping in your thoughts to one so inconsiderable as my self , whose whole life hath afforded but two things memorable therein . It is your Lordships modesty ( returned the Spaniard ) to undervalue your self , whilest we the spectators of your Honours deserts , make a true and impartial estimate thereof ; hundreds of memorables have met in your Lordships life : But , good my Lord , what are those two signal things more conspicu●us than all the rest ? They are these two ( said the Earl ) I was born in the year 88 , and christened on the fifth of November . Neither was he a more inveterate enemy to the Church of Rome , than a cordial friend to that of England ; for presenting one Mr. Copinger to Laneham , he added , to try him , He would pay no t●thes of his Park : Mr. Copinger desired again to resign it to his Lordship , rather than by such sinful gratitude to betray the rights of the Church . — Well , if you be of that mind ( said the Earl ) than take the tythes ; I scorn that my Estate should swell with Church-goods . Going over one of the four English Colonels into the Low-Countries , and endeavouring to raise the siege of Breda , he so over-heated himsel● with Marching , Fighting and vexing ( the Design not succeeding ) that ●e dyed after , Anno Dom. 16 — He married Diana , one of the Co-heirs of William Earl of Exeter , ( afterwards to Edward Earl of Elgin ) by whom he left no Issue . Observations on the Life of Sir Francis Vere . SIr Francis Vere ( Governour of B●il and Portsmouth ) was of the ancient , and of the m●st noble extract of the Earls of Oxford ; and it may be a question , w●ether the Nobility of his house , or the honour of his Achievements might most commend him , who brought as much glory to his name , as he received honour from it : He was amongst his Queens Sword-men inferiour to none , but superiour to many : He lived oftner in the Camp , than Court : but when his pleasure drew him thither , no man had m●re of the Queens favour , and none less envied . He was a Sol●ier of great w●rth , and commanded thirty years in the service of the States , and twenty years over the English in Chief as the Queens General ; and he that had seen the Bat●el of Newport , might there best have t●ken him and his nob●e Brother the Lord of Tilb●ry to the life . They report that the Queen as she loved Martial men , would court this Gentleman as soon as he appeared in her presence ; for he seldom troubled it with the noise and alarms of supplication ; his way was another sort of undermining , as resolved in the Court as in the Camp , as well to justifie his * Patron , as to serve her Majesty , telling her the plain truth more sincerely than any man ; choosing ( as he said ) rather to fall by the malice of his enemies , than be guilty of Ingratitude to his friends : Yea , and when he sued for the government of Portsmouth , and some Grandees a objected , that that place was always bestowed on Noblemen , he answered ; There were none ennobled but by their Princes favour , and the same way he took . The Veres compared . Veri scipiadae , Duo fulmina belli . SIr Francis and Sir Horace Ver● , sons of Ieffery Vere Esquire , who was son of Iohn Vere , the fifteenth Earl of Oxford ; We will first consider severally , and then compare joyntly , to see how their Actions and Arms performed , what their birth and bloud promised . SIr Fran. was of a fiery spirit & rigid nature , undaunted in all danger , not overvaluing the price of mens lives to purchase a victory therewith . He served on the Scene of all Christendom where War was acted . One Master-piece of his valour was at the Battel of Newport , when his ragged Regiment ( so were the English-men called , from their ragged Cloathes ) helped to make all whole , or else all had been lost . Another was , when for three years he defended Ostend against a strong and numerous Army , surrendring it at last a bare Skeleton to the King of Spain , who paid more years purchase for it , than probably the World would endure . He dyed in the beginning of the Reign of K. Iames , about the year of our Lord , 16 — SIr Horace had more meekness , & as much valour as his brother ; so pious that he first made peace with God , before he went to war with man One of an excellent temper ; it being true of him what is said of the Caspian Sea , that it doth never ebb nor flow ; observing a constant tenor , neither elated nor depressed with sucess . Had one seen him returning from a victory , he would by his silence have suspected that he had lost the day ; and had he beheld him in a retreat , he would have collected him a Conqueror , by the cheerfulness of his spirit . He was the first Baron of K. Charles his Creation . Some years after , coming to Court , he fell suddenly sick and speechless , so that he died afore night , Anno Dom. 163 ... No doubt he was well prepared for death , seeing such his vigilancy , that never any enemy surprised him in his Quarters . Now to compare them together ( such their Eminency , that they would hardly be parallel'd by any but themselves : ) Sir Francis was the elder Brother , Sir Horace lived to be the elder man. Sir Francis was more feared , Sir Horace more loved by the Soldiery : The former in Martial Discipline was oftentimes Rigidus ad ruinam , the latter seldome exceeded ad terrorem . Sir Francis left none , Sir Horace no Male-Issue , whose four Co-Heirs are since Matched into honourable Families . Both lived in War , much honoured ; dyed in peace , much lamented . What is a great question among all Martial men , was so between these Brethren ; whether to repair a reputation ruined by some infamous disgrace , and the honour abused by some notorious loss , the General ought to oppose the fortune that oppresseth him , and hazard what remains , to recover what is lost ? Sir Francis was of opinion , That though it 's not the interest of a supream Prince , yet it is the concern of a subordinate Commander to support his credit at the rate of his Army . But Sir Horace was never for sacrificing the whole for the advancing of any part , or of many for the humouring of one ; but chose rather to break the impetuosity of his misfortunes by yielding to them , and rather recover both himself and his success by a prudent retreat , than lose both in an obstinate misadventure . — It being far more eligible to suffer in the imaginary interest of repute● than that real one of strength ; though appearances are yet so useful , that dexterously to manage the reputation of Affairs , is to imprint in men a great opinion of vertue and fortune , to enhance successes , and raise that respect and confidence that seldom fall to the share of reservation and fear . But apart from that too much caution that betrayeth , and overmuch rashness that hazardeth our fortunes , both these Heroes were very choice in the places of their Engagements ; for when all the Generals before the Battel of Newport were for quitting the upper Downs , Sir Francis Vere well knowing how much it imported the business of the day to hold a place of such advantage , perswaded Count Maurice rather to expect the Enemy in that ground , than attaque him in a worse ; wherein as his opinion prevailed , so all that were present , were Eye-witnesses both of the truth of his conjecture , and the soundness of his judgement : For the Enemy , as he said , did not long gaze upon them ; but charging up the hills , were beaten back so effectually , that our men had the excution of them for half a mile ; which was no small advantage to the fortune of that day . Neither were they less observant of their time , that Mother of Action , than their place ; neither hasty nor slow to manage an opportunity that is neither often or long the same ; — or of the order of their Army than both , whereof each part assisted the other at Newport , and elsewhere so read●ly , that their shouts and charges equally amazed their Friends and Enemies . The Reliefs of Rhingbergh were actions of great resolution , ready dispatch , a watchful circumspection , and good pursuit : The succour of Lithenhooven was a performance of great and mature deliberation ; the surprize of Zutphen by young Soldiers in womens apparel , was a piece of service of many particular stratagems ; and the Siege of Daventer of as much sage advice . — All instances of the wonders that courage can do when wise , valour when sober , a passion when rational , and a great spirit when advised . Observations on the Life of Richard Cosin , LL. D. RIchard Cosin , LL. D. ( one of the greatest Civilians our Nation bred , the grand Champion of Episcopacy , was ( amongst all the Countreys of England ) born in the Bishopri●k of Durham . His Father was a person of Quality ; a Captain of a Company at Muscleborough-Field , whence his valour returned with victory and wealth ; when crossing the River Tweed [ O the uncertainty of all earthly happiness ! ] he was drowned therein , to the great loss of his son Richard ; and greater , because he was not sensible thereof , as left an Infant in the Cradle . His Mother afterwards married one Mr. Medow , a York-shire Gentleman , who bred this his Son-in-law at a School at Skipton upon Cr●ven ; wherein such was his proficiency , that before he was twelve years old ( little less then a wonder to me , in that age , from so far a Countrey ) he was admitted into Trinity-Colledge in Cambridge . Some of his friends in Queens-Colledge in that University had a design to fetch him thence , had not Doctor Beaumont prevented the plot , in making him Scholar and Fellow as soon as by his Age , Degree , and the Statutes he was capable thereof . He was a general Scholar , Geometrician , Musitian , Physitian , Divine , but chiefly , Civil and Canon Lawyer . By Arch-Bishop Whitgift he was preferred to be first Chancellor of Worceste● , [ in that age a place non tam gratiosus quam negotiosu● ] and afterwards Dean of the Arches , wherein he carried himself without giving ( though many took ) offence at him . Of these one wrote a Book against him called the Abstract [ abstracted , saith my Author , from all Wit , Learning , and Charity ] to whom he returned such an answer in defence of the High-Comm●ssion , and Oath Ex Officio , that he put his Adversary to silence . Others lay to his charge , that he gave many blanck Licences , the common occasion of unlawful Mar●iages ; and the procurer is as bad as the thief , robbing many a Parent of his dear Child thereby . But alwayes malice looks through a multiplying-glasse . Euclio complained , Intromisis●i sexcentos Coquos , Thou hast let in six hundred Cooks , when there was but two truely told [ Antrax and Congrio ] so here was but one , which a Fugitive servant stole from a Register to make his private profit thereby . GOD in his sickness granted him his desire which he made in his health ; that he might be freed from Torture , which his corpulency did much suspect , bestowing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon him , a sweet and quiet departure . Pious his dying expressions ; I de●●re to be dissolved , and to be with Christ , Phil. 1. The wages of sin is death , Rom. 6. Come Lord Iesus , come quickly , Revel . 12. And his last words were these ; F●re●el my surviving friends ; remember your Mortality , and Eternal life . He gave forty pounds to the building of a Chamber in Trinity-Colledge , and fifteen pounds per annum for the maintenance of two Scholarships therein : a good gift out of his estate , who left not above fifty pounds a year clear to his Heir : a great argument of his integrity , that he got no more in so gainful a place . Dying at Doctors Commons , he was buried by his own appointment in Lambeth Church , and Doctor Andrews preached his Funeral-Sermon . Amongst the many Verses made by the University of Cambridge , this ( with the allowance of Poetical Licence ) came from no bad Fancy . Magna Deos inter lis est exorta : creatas Horum qui lites dirimit , ille deest Co●inum potiere dii componere tantas Lites , quod vero jure peritus erat . A most moderate man he was in his own nature , but more earnest in the business of the Church , in the behalf of which he writ many Books of validity , &c. It must not be forgotten , that Doctor Barlow ( afterwards Bishop of Lincoln ) was bred by Doctor Cosin at his charge in his own Family ; who in expression of his Thankfulness , wrote this Dr. Cosin's Life , out of which most of the aforesaid Character hath been taken . Observations on the Life of the Lord Chief-Iustice Cook. THis accomplished person was well born at Mileham in Norfolk , of Robert Cook Esquire , and Wini●red Knigh●ly his Wife , and as well bred . 1. When ten years of age at Norwich School . 2. At Trinity-Colledge in Cambridge . 3. After four years University-study , first in Cliffords Inn , and then in the Inner Temple . The first occasion of his Rice , was his stating of the Cooks Case of the Temple so exactly , that all the House who were puzzled with it , admired him ; and his pleading it so , that the whole Bench took notice of him . Such his proficiency , that at the end of six years ( exceeding early in that strict age ) he was call'd to the Bar , and soon after , for three years , chosen Reader in Lyons Inn. Here his learned Lecture so spread forth his fame , that crouds of Clients sued to him for his Counsel ; and his own suit was the sooner granted , when tendering his Affections in order to Marriage , unto Bridget daughter and Coheir of Iohn Paston Esquire , whose portion moderately estimated , Viis & medis , amounted unto thirty thousand pounds , her vertues not falling under valuation , and she enriched her Husband with ten Children . Then began preferment to presse upon him ; the City of Norwich choosing him Recorder , the County of Norfolk their Knight for Parliament , the Q●een her Speaker therein , as also her Solicitor and Attorney . King Iames honoured him with Knighthood , and made him Chief-Justice , first of the Common-Pleas , then of the Kings-Bench . Thus beginning on a good bottom left him by his Father , marrying a Wife of extraordinary wealth ; having at the first great and gainful practice , afterwards many and profitable Offices , being provident to choose ●y●●d penny worths in Purchases , leading a thrifty e●d● , living to a great age during flourishing and peac●●ble times ( born as much after the persecution under Q. Mary , as dying before our Civil Wars ) no wonder if he advanced to a fair estate , so that all his sons might seem elder brethren , by the large possessions left unto them . Some falsely character him a back-friend to the Church and Clergy , being a grand Benefactor to the Church of Norwich , who gratefully under their publick Seal honoured him with this ensuing Testimony . Edwardus Coke Armiger , saepius & in multis difficillimis Negotiis Ecclesiae nostrae auxiliatus est , & Nuper eandem contra Templorum Helluones , qui Dominia , Manerìa & Haereditamenta nostra devorare sub Titulo obscuro ( Concelatum dicunt ) sponte suâ nobis insciis , & sine mercede ullâ legitimè tutatus est ; atque eandem suam nostri Defensionem in perpetuam tantae rei memoriam , & posterorum gratiâ , ( si opus fuerit ) magna cum industria & scriptis redegit , & Nostrae Ecclesiae donavit . As for the many Benefices in his own Patronage , he freely gave them to worthy men , being wont to say in his Law-language , That he would have Church-Livings pass by Livery and Seisin , not Bargain and Sale. He was our English Trebonianus , very famous for his Comments on Littleton and our Common-Law . 1638. A Parliament was call'●●●●nd the Court party was jealous of Sir Edwar● ●e●ctivity against them , as who had not digested 〈◊〉 discontentments as he had done the Law. Hereupon to prevent his Election as a Member , he was confined to Buckinghamshire as a Sheriff . He scrupled to take the Oath , pretending many things against it , and particularly that the Sheriff is bound thereby to prosecute Lollards , wherein the best Christians may be included . It was answered ; That he had often seen the Oath given to others without any regret , and knew full well that Lollard in the modern sense imported the opposers of the present Religion , as established by Law in the Land. No excuses would serve his turn , but he must undertake that O●f●ce : However his friends beheld it as an injurious degradation of him , who had been Lord Chief-Justice , to attend on the Judges at the Assizes . Five sorts of people he used to fore●design to misery and poverty ; Chymists , Monopolizers , Concealers , Promoters , and Rhyming Poets . For three things he would give God solemn thanks ; That he never gave his body to Physick , nor his heart to cruelty , ●or his hand to corruption . In three things he did much applaud his own success ; In his fair fortune with his Wife , in his happy study of the Laws , and in his free coming by all his Offices , nec prece , nec pretio , neither begging nor bribing for Preferment . His parts were admirable : he had a deep Judgment , faithful Memory , active Fancy , and the Jewel of his mind was put into a fair Case , a beautiful body with a comely countenance : A case , which he did wipe and keep clean , delighting in good Cloaths , well worn , and being wont to say , That the outward neatness of our bodies , might be a Monitor of purity to our souls . In his Pleadings , Discourse , and Judgements , he declined all Circumlocutions , usually saying , The matter lyes in a little Room * . In all Places , Callings , and Jurisdictions , he commended Modesty and Sobriety within their boundaries , saying , If a River swelleth beyond the banks , it loseth its own Channel . If any adverse party crossed him , he would patiently reply , If another punisheth me , I will not punish my self . In the highest Term of Business he made Vacation to himself at his Table ; and would never be perswaded privately to retract what he had publickly adjudged , professing , He was ● Iudge in a Court , not in a Chamber . He was wont to say , No wise man would do that in prosperity , whereof he should repent in adversity . His Motto was , Prudens qui Patiens ; and his practice was accordingly , especially after he fell into the disfavour of King Iames , when he did Frui suo Infortunio , and improved his loss to his advantage . He triumphed in his own Innocency , that he had done nothing illegally ; calling to mind the Motto which he gave in his Rings when made Sergeant , Lex est tutissima Classis , The Law is the safest Helmet . And now he had leisure to peruse what formerly he had written , even thirty Books with his own hand , most pleasing himself with a Manual , which he called VADE MECUM , from whence at one view he took a prospect of his Life past , having noted therein most Remarkables . His most learned and laborious Works on the Laws will last to be admired by the Judicious Posterity , whilest Fame hath a Trumpet left her , and any breath to blow therein . His judgement lately passed for an Oracle in Law ; and since the credit thereof hath causelesly been questioned , the wonder is not great . If the Prophet himself , living in an incredulous Age , found cause to complain , Who hath believed our report ? it need not seem strange that our licentious Times have afforded some to shake the Authenticalness of the Reports of any earthly Judge . He constantly had Prayers said in his own house , and charitably relieved the Poor with his constant Almes . The Foundation of Sutton's Hospital ( when indeed but a Foundation ) had been ruined before it was raised , and crush'd by some Courtiers in the hatching thereof , had not his great care preserved the same . The Free-School at The●ford was supported in its being , by his assistance ; and he founded a School on his cost at Godrick in Norfolk . It must not be forgotten , that Doctor Whitgift afterward Arch-Bishop of Canterbury , sent unto his Pupil when the Queen's Attorney , a fair new Testament , with this Message : He had long enough studied Common Law , now let him study the Law of God. When he was under a cloud at Court , and outed of his Judges place , the lands belonging to the Church of Norwich , which formerly he had so industriously recovered and setled thereon , were again called into question , being begged by a Peer . Sir Edward desired him to desist , telling him , that otherwise he would put on his Gown and Cap , and come into Westminster-Hall once again , and plead there in any Court in justification of what he had done . He died at Stoke-Poges in Buckingham-shire , on Wednesday the third of September , being the 83 of age , whose last words were these , Thy Kingdom c●me , thy Will be done . The infirmities of this Judge , as my Lord BACON recited them in a Letter to him , were these : 1. That he delighted to speak more than hear . 2. That he would run out of his Profession ; and as he observed of Divines , so it was observed of him , none erred worse out of his element . 3. That he conversed with Books rather than Men , and onely with such men that he spake to as Scholars , rather than treated as friends . 4. That he obtruded those things as Novelties that were stale . 5. That he would jest on men in place , and insult on men in misery . 6. That he made the Law lean too much to his opinion . 7. That his Tenants in Norfolk were hardly used ; and that though he had ten thousand pounds per an . he relieved not the poor . 8. That in his last proceedings against Somerset , he was too open and dilatory , giving too much advantage , and breaking out to some unadvised expressions . 9. That he stood out against Power ; for which , and other failures , he was dismissed the Council-board with this expression from King Iames , That he was the fittest instrument to serve a Tyrant . Indeed he had some projects for the Revenue , and looked for the Treasury , when he was absolutely cast off ; though he made such shift , that throw him where you would ( as King Iames said ) he fell upon his legs . Observations on the Life of Sir Ralph Winwood . SIr Ralph Winwood was a Gentleman well seen in most Affairs , but most expert in matters of Trade and War ; for he was first a Soldier , and then an Agent in the Netherlands , where he remonstrated against Vorstius learnedly and resolutely , representing as well his Masters parts as his power : It was the very guize of that time to be learned ; the wits of it were so excellent , the helps and assistants of it were so great ; Printing was so common ; the world ( by Navigation ) so open ; great experiments so disclosed ; the leisure of men so much , the age was so peaceable ; and his Majesty , after whom all writ , so knowing . When the Earl of Somerset was made Chamberlain by his Majesty in his Fathers place , Sir Ralph Winwood was by the Queen made Secretary in his ; succeeding him in his Office , but exceeding him in his success ( Fortune may begin any mans greatness , but Vertue must continue it ) for this Favourite taking upon him to over-rule Winwood , Winwood makes it his business to overthrow him ; to which purpose his Agents discover some secrets abroad ( you may understand more of England at Amsterdam , than at London ) and he useth his Arts at home ; for Mr. Vil●iexs being now brought to Court , when others were for raising him by interest , Sir Ralph was for advancing him with Compliance — a Compliance , as he said , that must either supple or break his Adversaries , and either way ruine them . — Accordingly Sir George is directed to offer his service to the Earl of Somerset ; that Earl fatally tells him , He would have none of his service , but would break his Design . — These words coming so cross to the Kings inclination , and the Court's plot , provoked all persons to look further into Sir Ralph Winwood's Intelligence concerning Sir Tho. Overbury's death . Now mens weaknesses and faults are best known by their enemies , their vertues and abilities from their friends ; their customes and times from their servants ; their conceits and opinions from their familiars , to whom they are least masked . To all these he applyeth himself , until he had discovered as much of the practices concerning Overbury , as might humble the Earl ; and as much corruption in the conveyance of publick money to the building of Audley-End , as might displace his Father . An Apothecaries boy gives the first , and a servant that carried the money , the second , both whom he surprized with the Spanish proverb ; Di mentura , y sacaras verdad : Tell a lye , and find a truth . Indeed the natures and dispositions , the conditions and necessities , the factions and combinations , the animosities and discontents ; the ends and designs of most people were clear and transparent to this watchful man's intelligence and observation , who could do more with King Iames by working on his fear , than others by gratifying his pleasure . When I observe how close and silent he was at the Council-Table , it puts me in mind of the man that gave this reason why he was silent in a Treaty and Conference : Because ( said he ) the Enemy might know , that as there are many here that can speak , so here is one that can hold his peace . Observations on the Life of Sir Francis Bacon . SIr Francis was born where we are made men , bred where we are made States-men ; being equally happy in the quickness of the City , and politeness of the Court : He had a large mind from his Father , and great abilities from his Mother ; his parts improved more than his years : his great , fixed , and methodical memory , his solid judgement , his quick fancy , his ready expression , gave high assurance of that profound and universal knowledge and comprehension of things which then rendered him the observation of great and wise men , and afterwards the wonder of all . The great Queen was as much taken with his witty discourses when a School-boy , as with his grave Oracles when her Counsel learned . He was a Courtier from his Cradle to his Grave , sucking in experience with his milk , being inured to policy as early as to his Grammar : Royal Maximes were his Sententia Puerilis ; and he never saw any thing that was not noble and becoming . The Queen called him her young Lord Keeper , for his grave ingenuity at seven years of age ; and he could tell her Majesty he was two years a younger , than her happy Reign . At twelve , his industry was above the capacity , and his mind above the reach of his Contemporaries : A prodigy of parts he must be , who was begot by wise Sir Nicholas Bacon , born of the accomplished Mrs. Anne Cook , daughter to Sir Anthony Cook , King Edward the 6●hs . Tutor , a good Grecian and Latinist , and bred at Trinity-Colledge , under the wise , learned , and pious Doctor Whitgift . His strong observations at Court , his steady course of study in the University , must be improved for State-business , by a well-contrived Travel abroad : where his conversation was so obliging , his way so inquisitive , his prudence so eminent , that he was Sir Amie Paulet's Agent between the Juncto of France and the Queen of England : He allayed the solidity of England with the Ayre of France , until his own Affairs and the Kingdoms service called him home at his Fathers death to enjoy a younger Brothers estate , and act his part : Policy was his business , the Law was onely his livelyhood ; yet he was so great a States-man , that you would think he only studied men : so great a Scholar , that you would say , he only studied Books . Such insight he had in the Law , that he was at thirty her Majesties Advocate , and extraordinary Counsel ; such his judgement , that he was the Student of Grayes-Inn's Oracle ; being well seen in the grounds and mysteries of the Law , though not experienced in the Cases of the Common Law , while he made that profession his accessary , and not his principal : so generous and affable his disposition , that he was a●l mens love and wonder : He instilled wholsome precepts of Prudence and Honour to Noblemen ( particularly the Earl of Essex , to whom he was more faithful , than he to himself : ) Great principles of Arts and Sciences to the learned ; noble Maximes of government to Princes , excellent rules of Life to the Populacy . When his great Patron Essex sunk , he was buoyed up by his own steadiness , and native worth , that admitted him to the Qu. own presence , not only to deliver matter of Law , which was his profession , but to debate matters of State , which was his element : his judgement was so eminent , that he could satisfie the greatest ; his condescen●ion so humble , that he instructed the meanest : his extraordinary parts , above the model of the age , were feared in Queen Elizabeths time , but employed in King Iames's . Favour he had in her Reign ; but Trust only in his . It 's dangerous in a factious Age to have my Lord Bacon's parts , or my Lord of Essex his favour . Exact was his correspondence abroad and at home ; constant his Letters , frequent his Visits , great his Obligations , moderate and temperate his Inclination ; peaceable , humble , and submissive his mind ; complying and yielding , his temper : In Queen Elizabeths time , when he could not rise by the publick way of service , he did it by that more private of Marriage , with one Alice Barneham , an Alderman's Heiress , and other commendable Improvements ; whereby he shewed a great soul could be rich in spight of Fortune , ( for his Father dying while he was in France before he had purchased an estate , he designed for him his youngest Son and Darling , he had but a Portion of the money divided among five Brethren , whereby he was in streights till Gorambum fell to him by his dearest Brother Mr. Anthony Bacon's death , a Gentleman of his parts , though not his learning , having nothing either of honour or profit from that Queen , but a reversion of the Register of the Star-Chambers place , worth 1500. a year , which he stay'd for 20 years , saying that it was like another mans ground , buttalling upon his house ; which might mend his prospect , but it did not fill his Barn ) though it scorned it in point of Honour . In the House of Commons none more popular , ( where he was allowed to sit as Member , when Atturney , which is allowed none in that place ) none more zealous , none so knowing a Patriot : In the house of Lords , none more s●ccessfully serviceable to the Crown : the easie way of Subsidies was his design in Queen Elizabeths time ; the union with Scotland was his contrivance in King Iames's . His make and port was stately , his speech flowing and grave , each word of his falling in its place ; the issue of great reason when conceived , and of great prudence when expressed : so great skill he had in observing and contriving of occasions and opportunities , in suiting of Humours , and hitting of Junctures and Flexures of Affairs , that he was in his time the Master of speech and action , carrying all before him . The Earl of Salisbury saith , Sir Walter Rawleigh , was a good Orator , but a bad Writer ; the Earl of Northampton was a good Writer , but a bad Orator ; Sir Francis Bacon excelled in both : Much he said he owed to his Books , more to his innate Principles and Notions : When he thought , he said , he aimed more at Connexion than Variety : When he spake , he designed rather the life and vigour of expression , and perspicuity of words , ( asking often if the meaning were expressed plainly enough ) than the elegancy or order of phrase . His axiome was ; Words should wait on things , rather than things on words ; and his resolution was , That all affected elegance was below the gravity and majesty of a publick discourse : He rather judged Books and Men , than either read or talked with them . His Exercises were man-like and healthful , walking and riding ; his Meditations cohaerent , every minute of his time improved ; his Table temperate and learned , where his great Discourses were the entertainment , and he himself the treat ; resolving Cases most satisfactorily , it was observed that he would express another man● words with great advantage , speaking with liberty and respect to all hearers , amend much the phrase of it though retaining the substance , stating Questions most exactly , relating Histories most prudently , opening great Secrets most clearly , answering Arguments and replying most familiarly , and speaking what he had thorowly weighed and considered most effectually . — All matters and speeches came from him with advantage ; so acute and ready his wit , so faithful his memory , so penetrating his judgment , so searching his head , so large and rational his soul. He drew out of every man he spake with , what he was best for . My Lord of Salisbury said , he had the clearest prospect of things of any man in his age ; and King Iames , by whom he was never reproved in eighteen years , said , That he knew the method of handling Matters , after a mild and gentle manner : Not ingaging his Master in any rash or grievous courses , insulting over no offender , but carrying it decently and compassionately to the person of the offender , when most severe against the offence . His Religion was rational and sober , his spirit publick , his love to Relations tender , to Friends faithful ; to the hopeful liberal , to men univerfal , to his very Enemies civil . He lest the best pattern of Government in his actions under one King , and the best principles of it in the Life of the other . His Essays and History made him the admiration of polite Italy ; his Accomplishments , the wonder of France ; Monsieur Fiat , the French Ambassador , who called him Father , saying to him , after an earnest desire to see him , That he was an Angel to him , of whom he had heard much , but never saw him . Solid , less dissipable and juicy Meat was his Diet , and Rhubarb infused in Wine before meat his Physick : four hours in the morning he made his own , not by any means to be interrupted : business was his fate , retyrement his inclination . Socrates brought Morality from Discourse to Practice ; and my Lord Bacon brought Philosophy from Speculation to Experience , Aristot●e whom he disliked at 16 years of age , not for his person , for he valued him highly ; but his way which bred disputations , but not useful things for the benefit of the life of man , continuing in that judgment to his dying day , he said , taught many to dispute , more to wrangle , few to find out Truth , none to manage it according to his principles : — My Lord Bacon was a man singular in every faculty , and eminent in all : His Judgment was solid , yet his memory was a wonder ; his Wit was quick , yet his Reason slaid ; His Invention was happy , yet methodical : and one fault he had , that he was above the age he lived in ; above it in his bounties to such as brought him Presents ( so remembring that he had been Lord-Chancellor , that he forgot he was but Lord Verulam : Great his understanding , his knowledge was not from Books , though he read much ; but from grounds and notions in himself , which he vented with great caution ; Dr. Rawley attesting that he saw twelve Copies of the Instauratio Magna revised and amended year by year till it was published , and great his mind too ) above it in his kindness to servants , to whom he had been a better Master , if he had been a worse ; and more kind , if he had been less indulgent to them . Persons of Quality courted his Service . For the first of his Excesses , K. Iames jeered him in his progress to New-market , saying , when he heard he gave ten pounds to one that brought him some Fruit , My Lord , my Lord , this is the way to Beggars-bush . For the second , he reflected upon himself , when he said to his servants as they rose to him in his Hall ; Your rise hath been my fall . Though indeed he rather trusted to their honesty , than connived at their falshood ; for he did impartial Justice commonly to both parties , when one servant was in fee with the Plaintiff , and the other with the Defendant . — How well he understood his own time , his Letters , and complyances evidence ; than whom none higher in spirit , yet none humbler in his Addresses [ The proudest man is most servile . ] How little he valued wealth , appeareth , in that when his servants would take money from his Closet , even while he was by , he would laugh , and say , I poor men , that is their portion . How well he kenned the art of Converse , his Essayes discover , a piece ( as he observed himself ) that of all his Works was most current , for that they come home to mens business and bosomes . How far skilled in the Art of Government , the Felicities of Queen Elizabeth , written by him in Latine , ordered by his last Will to be Printed so , but published in English in his resuscitatio by his Amanuensis . Dr. Rawley , his H. 7. War with Spain , Holy War , Elements of the Law , irrefragably demonstrate ; and how well seen in all Learning , his Natural History , and Advancement of Learning answerably argue . In a word , how sufficient he was , may be conjectured from this instance , that he had the contrivance of all King Iames his Designs , until the Match with Spain ; and that he gave those Directions to a great Statesman * , which may be his Character , and our conclusion . Only be it observed , that though this peerless Lord is much admired by English-men , yet is he more valued by Strangers ; distance , as the Historian hath it , diminishing his faults to Forreigners , while we behold his perfections abated with his failings ; which set him as much below pity , as his Place did once above it ; Sir Iulius Caesar ( they say ) looking upon him as a burden in his Family , and the Lord Brook denying him a bottle of small beer . Though in a Letter to King Iames he thanks him for being that Master to him that had raised and advanced him s●x times in Office ; i.e. Councel learned extraordinary , Solicitor and Attorney General , Lord Keeper , and Chancellor , Knight-Lord Verulam , Viscount St. A●ban's , with 1800 l. a y●ar out of the broad Zeal , and Alienation Off●ce to his dying day , most of which he allowed to his a Wife , towards whom he was very bountiful in gifts , bestowing on her a Robe of honour which she wore while she lived , which was above twenty years after his death . His Religion was like a Philosophers , rational and well grounded as appears by his confession of faith , composed many years before his death , an instance of the truth of his own observation ; that a little Philosophy maketh men ap● to forget God , as attributing too much to second causes ; but depth of Philosophy bringeth a man back again to God ; he being constant at the publick Prayers , frequent at the Sermons and Sacraments of the Church of England , in whose Communion he dyed of a gentle Feaver , accompanied with a choaking defluxion and cold , April 9. being Easter-day 1626. 66th . year of his age , in the Earl of Arundel's house at High-gate near London , being Buried according to his Will at St. Michael's Church in St. Alban's , the onely Church in old Verulam , near his Mother ●nder a white Marble , ●et up by Sir Tho. Meauty , Secretary to his Lordship , and Clerk of the Councel to King Iames and King Charles , whereon he is drawn in his full Stature studying ; with an Inscription by Sir Henry Wotton . He had one peculiar temper of body , that he fainted alwayes at an Eclipse of the Moon , though he knew not of it , and considered it not . His Receipt for the Gout which eased him in two hours , is at the end of his Natural History . His Rhubarb-draught before meat he liked , because it carryed away the gross humours , not less●ning the spirits as sweating doth . It was the great effect of his Religion , that as he said ( notwithstanding the opportunities he had to be revenged ) he neither bred nor fed malice● saying no worse to the King ( who enquired of him what he thought of a great man newly dead , that had not been his friend ) than that he would never have made his Majesties estate better , but he was sure he would have kept it from being worse . And it was the consequence of his great worth , all men applauded him . Fulk Lord Brook , after the perusal of his H. 7 th . returned it him with these words : Commend me to my Lord , and bid him take care to get good Paper and Ink , for the work is Incomparable . Dr. Collins the Kings Professor of Divinity at Cambridge , said when he had read his advancement of Learning , that he found himself in a case to begin his Studies again ; as having lost all his former time . Forreigners crossing the Seas to see him here , and carrying his Picture at length that he might be seen abroad . An Italian writes to the Lord Cavendish , since Earl of Devonshire , thus concerning the Lord Bacon ; I will expect the new Essays of my Lord Chancellor Bacon , as also his History with a great deal of desire ; and whatsoever else he shall compose ; but in particular of his History ; I promise my self a thing perfect and singular ; especially King Henry the 7 th . where he may exercise the talent of his Divine understanding . This Lord is more and more known ; and his Books here , more and more delighted in ; and those men that have more than ordinary knowledge in humane affairs , esteem him one of the most capable spirits of this age . Observations on the Life of the Lord John Digby . JOhn Lord Digby of Sherborn , and Earl of Bristol , was a younger Son of an ancient Family , long flourishing at Koleshull . To pass by his younger years , ( all Children being alike in their Coats ) when he had only an Annuity of fifty pounds per annum , only his youth gave pregnant hopes of that Eminency , which his mature age did produce . He did ken the Embassador's craft , as well as any in his age , employed by King Iames in several Services to Foreign Princes , recited in his Patent , as the main motives of the Honours conferred upon him . But his managing the matchless Match with Spain was his Master-piece , wherein a good ( I mean a great ) number of State-Traverses were used on both sides : Where if he dealt in Generalities , and did not press Particulars , we may ghess the reason of it from that expression o● his ; I will take care to have my Instructions pers●●● , and will pursue them punctually : If he held Affairs in suspence , that it might not come to a War on our part , it may be he did so with more regard to his Mr. King Iames his inclination , than his own apprehension : If he said ; That howsoever the business went , he would make his fortune thereby , it rather argued his weakness that he said so , his sufficiency that he could do so , than his unfaithfulness that he did so . This is certain , that he chose rather to come home , and suffer the utmost displeasure of the King of England , than stay in Spain , and enjoy the highest favour of the King of Spain . He did indeed intercede for some indulgence to the Papists ; but it was , because otherwise he could do no good for the Protestants . — But whatever was at the bottom of his Actions , there was resolution and nobleness a top , especially in these actions . 1 Being carried from Village to Village after the King of Spain , without that regard due to his person , or place ; he expressed himself so generously , that the Spanish Courtiers trembled ; and the King declared , That he would not interrupt his Pleasures with business at Lerma , for any Embassador in the world but the English ; nor for any English Embassador but Don Iuan. 2. When impure Scioppius upon his Libel against K. Iames , and Sir Humphrey Bennet's complaint to the Arch-Duke against him , fled to Madrid ; my Lord observing that it was impossible to have Justice done against him from the Catholique King because of the Jesuites , puts his Cousin George Digby upon cutting him ; which he did over his Nose and Mouth wherewith he offended , so that he carried the mark of his Blasphemy to his Grave . 3. When he was extraordinary Embassador in Germany , upon his return by Heidelbergh , observing that Count Mansfield's Army , upon whom depended the fortune of the Palsgrave , was like to disband for want of money , he pawned all his Plate and Jewels to buoy up that sinking Cause for that time . That his spirit was thus great abroad , was his honour ; but that it was too great at home , was his unhappiness : for he engaged in a fatal Contrast with the Duke of Buckingham , that hazarded both their safeties , had not this Lord feared the Duke's power ( as the Duke this Lord's policy ) and so at last it became a drawn Battel betwixt them ; yet so , that this Earl lost the love of King Charles , living many years in his disfavour : But such as are in a Court-cloud , have commonly the Countreys Sun-shine ; and this Peer during his Eclipse , was very popular with most of the Nation . It is seldom seen , if a Favourite once broken at Court , sets up again for himself ; the hap ( rather than happiness ) of this Lord , the King graciously reflecting on him at the beginning of the Long Parliament , as one best able to give him the safest Councel in those dangerous times . But how he incensed the Parliament so far , as to be excepted pardon , I neither do know , nor dare enquire . Sure I am , that after the surrender of Exeter , he went over into France , where he met with that due respect in Foreign , which he missed in his Native Countrey . The worst I wish such , who causelesly suspect him of Popish inclinations ( saith my Author ) is , that I may hear from them but half so many strong Arguments for the Protestant Religion , as I heard from him , who was to his commendation a cordial Champion for the Church of England . This Family hath been much talked of this last forty years ; though all that I can say of it is this , that great spirits , large parts , high honours , penned with narrow Estates , seldom bless their owners within moderation , or the places they live in with peace . Observations on the Life of the Lord Spencer . HEe was the fifth Knight of his Family , in an immediate succession , well allied and extracted , being descended from the Spencers , Earls of Gloucester and Winchester . In the first year of the Reign of King Iames , being a moneyed man , he was created Baron of Wormeleiton in the County of Warwick . He had such a ready and quick Wit , that once speaking in Parliament of the valour of their English Ancestors in defending the Liberty of the Nation , returned this Answer to the Earl of Arundel , who said unto him , Your Ancestors were then keeping of Sheep ; If they kept Sheep , yours were then plotting of Treason . But both of them were at present confined ; but to the Lord Spencer the Upper-House ordered Reparations , who was first and causelesly provoked . This Lord was also he , who in the first of King Iames was sent ( with Sir William Dithick , principal King of Arms ) to Frederick Duke of Wirtenbergh , elected into the Order of the Garter , to present and invest him with the Robes and Ornaments thereof ; which were accordingly with great solemnity performed in the Cathedral of Studgard . — And this was the Lord , that when the Earl of Bristol charged the Duke of Buckingham , started up , and demanded ; Is this all you have to say against the Duke ? The Earl replyed , Yes my Lord , and I am sorry it is so much . Then quoth the Lord Spencer , If this be all , Ridiculus mus ; and so sate down again . The End of the Observations upon the Lives of the Statesmen and Favourites of England , in the Reign of King Iames. THE STATES-MEN and FAVOURITES OF ENGLAND , IN The Reign of King Charles . I. Observations on the Life of the Duke of Buckingham . NAture bestowed on him an exact comliness , his Mother a noble education ( not so much to study , as converse : ) His Travels to France , carriage and experience . About which times , he falls into intrinsecal society with Sir Ioh. Greham , then one of the Gentlemen of his Majesties Privy-Chamber ; who , I know not upon what Luminaries , he espyed in his face , disswaded him from Marriage , and gave him rather encouragement to woe Fortune at Court , than court it in the City : Which advice sank well into his fancy , for within some while , the King had taken by certain glances ( whereof the first was at Apthorpe in a Progress ) such liking of his Person , that he was resolved to make him a Master-piece , and to mould him as it were Platonically to his own Idea . Neither was his Majesty content onely to be the Architect of his Fortune , without putting his gracious hand likewise to some part of the work it self ; insomuch that it pleased him to descend , and to avale his goodness , even to the giving of his foresaid friend Sir Iohn Greham secret directions , how , by what degrees he should bring him into favour . His own parts and observation gained him prudence and discretion ; His Family and Ancestors in Leicester-shire , gentility and repute ; so that there wanted nothing but Interest to set him up a Courtier : Sir Thomas Compton , who had married his Mother , supplyed him with the one , and the Earls of Bedford , Pembrook , and Hertford , who would eclipse Somerset , helped him to the other : For those three Lords meeting one night at Baynards-Castle , and commanding Somerset's picture should be abused in their way : next day Sir Thomas Lake leads him into Court , buying him the Cup-bearers place : A while after the Countess of Bedford ushereth him to the Presence-Chamber , entering him a Bed-chamber-man , — and the Earl of Pembrook supports him , until he was a Favourite . The Courtiers wished him well , because he was an English-man : the Nobility favoured him , because a Gentleman ; the Ladies have a kindness for him , because the exactest Courtier in Christendom ; the King observes him much , for his compleat body , more for his pregnant parts ; and the States-men now consulting Somerset's removal , and finding King Iames his good nature loth to leave the bosom of one Minion , until he had reposed himself in another , made it their plot to advance him . His carriage was free and debonair ; his passions even and smooth , and one saith , carried in his pocket ; his nature noble and open ; his temper industrious and inquisitive ; his intellectuals clear and capable ; his mind tractable and docible ; his spirit resolute and undaunted . — The first month he comes to Court , he takes place above all his fellows ; and being removed with some affront by a creature of Somerset's , gives him a box on the ear ; an action that gave him and his friends a seasonable occasion of a Contest with Somerset , and him a clear conquest over him : Somerset as Chamberlain would have cut off his hand , and he as Favourite was like to have cut off his head . This new Favourite riseth ; all are weary of Somerset the first Minion , all welcom the second . The King is first his Tutor , and then his Patron , instructing him before he employed him . Three sorts of studies he engaged him in ; the first was for delights in private Retyrements ; the second for ornament in Discourse ; the third , for ability in Business . He had Princely apprehensions of the principles and Maximes of Government , a distinct notion of all his Affairs , an excellent way to make use of other mens Abilities ; and these incomparable Rules from my Lord Bacon , which were transcribed in his Life . Sir , In the first place , I shall be bold to put you in mind of the present condition you are in ; You are not onely a Courtier , but a Bed-chamber-man , and so are in the eye and ear of your Master ; but you are also a Favourite ; The Favourite of the time , and so are in his bosom also ; The world hath so voted you , and doth so esteem of you , ( for Kings and great Princes , even the wisest of them , have had their Friends , their Favourites , their Privadoes , in all ages ; for they have their affections as well as other men ) of these they make several uses : sometimes to communicate and debate their thoughts with them , and to ripen their judgments thereby ; sometimes to ease their cares by imparting them ; and sometimes to interpose them between themselves and the envy or malice of their People ( for Kings cannot erre , that must be discharged upon the shoulders of their Ministers ; and they who are nearest unto them must be content to bear the greatest load . ) Truly Sir , I do not believe or suspect that you are chosen to this eminency , out of the last of these considerations ; for you serve such a Master , who by his wisdom and goodness , is as free from the malice or envy of his Subjects , as , I think I may say truly , ever any King was , who hath sate upon his Throne before him : But I am confident , his Majesty hath cast his eyes upon you , as finding you to be such as you should be , or hoping to make you to be such as he would have you to be ; for this I may say without flattery , your outside promiseth as much as can be expected from a Gentleman . But be it in the one respect , or other , it belongeth to you to take care of your self , and to know well what the name of a Favourite signifies : If you be chosen upon the former respects , you have reason to take care of your actions and deportment , out of your gratitude , for the King's sake ; but if out of the later , you ought to take the greater care , for your own sake . You are as a new risen Star , and the eyes of all men are upon you ; let not your own negligence make you fall like a Meteor . The contemplation then of your present condition must necessarily prepare you for action ; what time can be well spar'd from your attendance on your Master , will be taken up by suitors , whom you cannot avoid , nor decline , without reproach ; for if you do not already , you will soon find the throng of suitors attend you ; for no man , almost , who hath to do with the King , will think himself safe , unless you be his good Angel , and guide him , or , or least , that you be not a Malus Genius against him ; so that , in respect of the King your Master , you must be very wary , that you give him true information ; and if the matter concern him in his Government , that you do not flatter him ; if you do , you are as great a Traytor to him in the Court of Heaven , as he that draws his sword against him : and in respect of the Suitors which shall attend you , there is nothing will bring you more honour and more ease , then to do them what right in justice you may , and with as much speed as you may ; for believe it , Sir , next to the obtaining of the suit , a speedy and a gentle denyal ( when the case will not bear it ) is the most acceptable to suitors ; they will gain by their dispatch , whereas else they shall spend their time and money in attending ; and you will gain in the ease you will find in being rid of their importunity . But if they obtain what they reasonably desired , they will be doubly bound to you for your favour : Bis dat qui cito dat ; it multiplies the courtesie , to do it with good words , and speedily . That you may be able to do this with the best advantage , my humble advice is this ; when suitors come unto you , set apart a certain hour in a day to give them audience : If the business be light and easie , it may by word only be delivered , and in a word be answered ; but if it be either of weight , or of difficulty , direct the suitor to commit it to writing , ( if it be not so already ) and then direct him to attend for his answer at a set time to be appointed , which would constantly be observed , unless some matter of great moment do interrupt it : when you have received the Petitions ( and it will please the Petitioners well , to have access unto you to deliver them into your own hand ) let your Secretary first read them , and draw lines under the material parts thereof ( for the matter , for the most part , lies in a narrow room . ) The Petitions being thus prepared , do you constantly set apart an hour in a day to peruse those Petit●ons ; and after you have ranked them into several files , according to the subject matter , make choice of two or three friends , whose judgments and fidelities you believe you may trust in a business of that nature , and recommend it to one or more of them , to inform you of their opinions , and of their reasons for , or against the granting of it ; and if the matter be of great weight indeed , then it would not be amiss to send several Copies of the same Petition to several of your friends , the one not knowing what the other doth , and desire them to return their answers to you by a certain time , to be prefixxed in writing ; so shall you receive an impartial answer , and by comparing the one with the other , you shall both discern the abilities and faithfulness of your friends , and be able to give a judgement thereupon , as an Oracle . But by no means trust not to your own judgement alone , for no man is omniscient ; nor trust onely to your servants , who may mislead you , or mis-inform you ; by which they may perhaps gain a few crowns , but the reproach will lye upon your self , if it be not rightly carried . For the facilitating of your dispatches , my advice is further , that you divide all the Petitions , and the matters therein contained , under several heads ; which , I conceive , may be fitly ranked into these eight sorts . 1. Matters that concern Religion , and the Church and Church-men . 2. Matters concerning Justice , and the Laws , and the Professors thereof . 3. Councellors , and the Council-Table , and the great Offices and Officers of the Kingdom . 4. Foreign Negotiations and Embassies . 5. Peace and War , both foreign and civil , and in that the Navy and Forts , and what belongs to them . 6. Trade at home and abroad . 7. Colonies , or foreign Plantations . 8. The Court , and Curiality . And whatsoever will not fall naturally under one of these heads , believe me , Sir , will not be worthy of your thoughts , in this capacity we now speak of . And of these sorts , I warrant you , you will find enough to keep you in b●siness . I begin with the first , which concerns Religion . 1. In the first place , be you your self rightly perswaded and setled in the true Protestant Religion , professed by the Church of England ; which doubtless is as sound and orthodox in the doctrine thereof , as any Christian Church in the world . 2. In this you need not be a Monitor to your gracious Master the King ; the chiefest of his Imperial Titles , is , to be The Defender of the Faith ; and his learning is eminent , not only above other Princes , but above other men ; be but his scholar , and you are safe in that . 3. For the Discipline of the Church of England , by Bishops , &c. I will not positively say , as some do , that it 's Iure Divino ; but this I say , and think , ex animo , that it is the nearest to Apostolical truth ; and confidently I shall say , it is fittest for Monarchy of all others : I will use no other authority to you , than that excellent Proclamation set out by the King himself in the first year of his Reign , and annexed before the Book of Common Prayer ; which I desire you to read ; and if at any time there shall be the least motion made for Innovation , to put the King in mind to read it himself : It is most dangerous in a State to give ear to the least alterations ●n Government . 4. Take heed , I beseech you , that you be not an instrument to countenance the Romish Catholicks : I cannot flatter ; the world believes that some near in blood to you are too much of that perswasion ; you must use them with fit respects , according to the bonds of ●atu●e ; but you are of kin , and so a fri●nd to their persons , not to their errors . 5. The Arch-Bishops and Bishops , next under the King , have the government of the Church and Ecclesiastical affairs ; be not you the mean to pr●fer any to those places , for any by-respects , but only for their learning , gravity and worth : their lives and Doctrine ought to be exemplary . 6. For Deans , and Canons or Prebends of Cathedral Churches : In their first institution they were of great use in the Church ; they were not only to be of Council with the Bishop for his revenue , but chiefly for his Government in causes Ecclesiastical ; use your best means to prefer such to those places who are fit for that purpose , men eminent for their learning , piety , and discretion , and put the King often in mind thereof ; and let them be reduced again to their first institution . 7. You will be often sollicited , and perhaps importuned to prefer Scholars to Church-Livings ; you may further your friends in that way , caeteris paribus ; otherwise , remember , I pray , that these are not places meerly of favour , the charge of souls lies upon them ; the greatest account whereof will be required at their own hands ; but they will share deeply in their faults who are the instruments of their preferment . 8. Besides the Romish Catholicks , there is a generation of Sectaries , the Anabaptists , Brownists , and others , of their kinds ; they have been several times very busie in this Kingdom , under the colour of zeal for reformation of Religion : The King your Mr. knows their disposition very well ; a small touch will put him in mind of them ; he had experience of them in Scotland , I hope he will beware of them in England ; a little countenance or connivance sets them on fire . 9. Order and decent ceremonies in the Church , are not only comely but commendable ; but there must be great care , not to introduce Innovations , they will quickly prove scandalous : men are naturally over-prone to suspition ; the true Protestant Religion is seated in the golden mean ; the enemies unto her , are the extreams on either hand . 10. The persons of Church-men are to be had in due respect , for their words sake , and protected from scorn : but if a Clergy-man be loose and scandalous , he must not be patroniz'd nor wink 't at ; the example of a few such , corrupt many . 11. Great care must be taken , that the patrimony of the Church be not sacrilegiously diverted to lay-uses : His Majesty in his time hath religiously stopped a leak that did much harm , and would else have done more . Be sure , as much as in you lyes , stop the like upon all occasions . 12. Colledges and Schools of Learning are to be cherished and encouraged , there to breed up a new stock to furnish the Church and Common-wealth , when the old store are transplanted . This Kingdom hath in later ages be●n famous for good literature ; and if preferment shall attend the deservers , there will not want supplies . Next to Religion , let your care be to promote Justice . By justice and mercy is the Kings throne established . 1. Let the rule of Justice be the Laws of the Land , an impartial arbiter between the King and hi● people , and between one Subject and another : I shall not speak superlatively of them , lest I be suspected of p●●t●a●ity , in regard of my own pro●●ssion ; but this I may truly say , they are second to none in the Christian world . 2. And , as far as it may lye in you , let no Arbitrary power be intruded : the people of this Kingdom love the Laws thereof , and nothing will oblige them more , than a confidence of the free enjoying of them . What the Nobles , upon an occasion , once said in Parliament , Nolumus leges Angliae mutari , is imprinted in the hearts of all the people . 3. But because the life of the Laws lies in the due execution and administration of them , let your eye be in the first place , upon the choice of good Judges : These properties had they need to be furnished with ; To be learned in their profession , patient in hearing , prudent in governing , powerful in their elocution to perswade and satisfie both the parties and hearers , just in their judgment ; and , to sum up all , they must have these three Attributes ; They must be men of courage , fearing God , and hating covet●●sness ; An ignorant man cannot , a Coward dares not be a good Judge . 4. By no means be you perswaded to interpose your self , either by word or letter , in any cause depending , or like to be depending in any Court of Justice , nor suffer any other great man to do it where you can hinder it ; and by all means disswade the King himself from it , upon the importunity of any for themselves or their friends : If it should prevail , it perverts Justice ; but if the Judge be so just , and of so good courage ( as he ought to be ) as not to be enclined thereby , yet it always leaves a taint of suspition behind it . Judges must be as chaste as Caesar's Wife , neither to be , nor to be suspected to be , unjust ; and Sir , the honour of the Judges in their judicature , is the Kings honour whom they represent . 5. There is great use of the service of the Judges in their Circuits , which are twice in the year held throughout the Ki●gdom ; the tryal of a few causes between party and party , or delivering of the Gaols in several Counties , are of great use for the expedition of justice ; yet they are of much more use for the government of the Counties through which they pass , if that were well thought upon . 6. For if they had instr●ctions to that purpose , they might be the best intelligencers to the King , of the true state of his whole Kingdom , of the disposition of the people , of their inclinations , of their intentions and mo●●●n● , which are necessary to be truly understood . 7. To this end , I could wish , that against every Circuit all the Judges should , sometimes by the K. himself , and sometimes by the Lord Chancellor or Lord Keeper , in the King's name , receive a charge of those things which the present times did much require ; and at their return should deliver a faithful account thereof , and how they found and left the Counties through which they passed , and in which they kept their Assizes . 8. And that shey might the better perform th●s work , which might be of great importance , it will not be am●ss that sometimes this charge be publick , as it useth to be in the Star-Chamber at the end of the Terms next before the Circuit begins , where the K●ng's care of j●stice , and the good of his people , may be published ; and that sometimes also ●t may be private , to communicate to the Judges some thi●gs not so fit to be publickly delivered . 9. I could wish also that the Judges were directed to make a little longer stay in a place than usually they do ; a day more in a County would be a very good addition , ( although their wages for their Circuits were increased in proportion ) it would stand better with the gravity of their employment ; whereas now they are sometimes enforced to rise over-early , and to sit over-late , for the dispatch of their business , to the extraordinary trouble of themselves and of the people , their times indeed not being horae juridicae ; And , which is the main , they would have the more leisure to inform themselves ( quasi aliud agentes ) of the true estate of the Country . 10. The attendance of the Sheriffs of the Counties , accompanied with the principal Gentlemen , in a comely , not a costly equipage , upon the Judges of Assize at their coming to the place of their sitting , and at their going out , is not onely a civility , but of use also : It raiseth a reverence to the persons and places of the Judges , who coming from the King himself on so great an errand , should not be neglected . 11. If any sue to be made a Judge , for my own part , I should suspect him ; but if either directly or indirectly he should bargain for a place of judicature , let him be rejected with shame : vendere jure potest , emerat ille prius . 12. When the place of a chief Judge of a Court becomes vacant , a puisne Judge of that Court , or of another Court , who hath approved himself fit and deserving , would be sometimes preferred ; it would be a good encouragement for him , and for others , by his example . 13. Next to the Judge , there would be care used in the choice of such as are called to the degree of Serjeants at Law ( for such they must be first , before they be made Judges ) none should be made Serjeants , but such as probably might be held fit to be Judges afterward● , when the experience at the Barr hath fitted them for the Bench : Therefore by all means cry down that unworthy course of late times used , that they should pay moneys for it : It may satisfie some Courtiers , but it is no honour to the person so preferred , nor to the King , who thus pre●e●s ●im . 14. For the Kings Counsel at the Law , especially his Atto●ney and Solicito● General , I need say ●oth●ng● their continual use for the Kings service , not only for his Revenue , but for all the parts of his Government , will put the King , and all those who love his service , in mind to make choice of men every way fit and able for that employment : they had need to be learned in their profession , and not ignorant in other things ; and to be dexterous in those affairs whereof the dispatch is committed to them . 15. The Kings Attorney of the Court of Wards is in the true quality of the Judges ; therefore what hath been observed already of Judges , which are intended principally of the three great Courts of Law at Westminster , may be applied to the choice of the Attorney of this Court. 16. The like for the Attorney of the Dutchy of Lan●●ster , who partakes of both qualities , partly of a Judge of that Co●rt , and partly of an Attorney General ; for so much as concerns the proper Revenue of the D●tchy . 17. I must not forget the Judges of the four Circuits in the twelve Shires of Wales , who although they are not of the first magnitude , nor need be of the degree of the Coyf ( onely the chief Justice of Chester , who is one of the number , is so ) yet are they considerable in the choice of them , by the same rules as the other Judges are ; and they sometimes are , and fitly may be , transplanted into the higher Courts . 18. There are many Courts ( as you see ) some superiour , some provincial , and some of a lower orb ; It were to be wished , and is fit to be so ordered , that every of them keep themselves within their proper spheres . The harmony of justice is th●n the sweetest , when th●re is no jarring about the jurisdiction of the Courts ; which me-thinks wisdom cannot much differ upon , their true bounds being for the most part so clearly known . 19. Having said thus much of the Judges , somewhat will be fit to put you in mind concerning the principal Ministers of Justice : and in the first , of the High sheriffs of the Counties , which have been very ancient in this Kingdom , I am sure before the Conquest ; The choice of them I commend to your care , and that at fit times you put the King in mind thereof ; that as near as may be they be such as are fit for those places , for they are of great trust and power : The P●sse Comitatus , the power of the whole County , being legally committed unto them . 20. Therefore it is agreeable with the intention of the Law , that the choice of them should be by the commendation of the great Officers of the Kingdom , and by the advice of the Judges , who are presumed to be well read in the condition of the Gentry of the whole Kingdom : And although the King may do it of himself , yet the old way is the good way . 21. But I utterly condemn the practice of the latter times , which hath lately crept into the Court ( at the back-stairs ) That some who are prick'd for Sheriffs , and were fit , should get out of the Bill ; and others who were neither thought upon , nor worthy to be , should be nominated , and both for money . 22. I must not omit to put you in mind of the Lords Lieutenants , and Deputy-Lieutenants of the Counties : their proper use is for ordering the Military affairs , in order to an invasion from abroad , or a rebellion or sedition at home ; good choice should be made of them , and prudent instructions given to them , and as little of the Arbitrary power as may be left unto them ; and that the Muster-Masters , and their Officers under them , incroach not upon the Subject ; that will detract much from the King's service . 23. The Justices of Peace are of great use ; Antiently there were Conservators of the Peace , these are the same , saving that several Acts of Parliament have altered their denomination , and enlarged their jurisdiction in many particulars ; The fitter they are for the peace of the Kingdom , the more heed ought to be taken in the choice of them . 24. But negatively , this I shall be bold to say , that none should be put into either of those Commissions with an eye of favour to their persons , to give them countenance of reputation in the places where they live , but for the King's service sake ; nor any put out for the disfavour of any great man● It hath been too often used , and hath been no good service to the King. 25. A word more , if you please to give me leave , for the true rules of the moderation of Justice on the King's part . The execution of justice is committed to his Judges , which seemeth to be the severer part : but the milder part , which is mercy , is wholly left in the King 's immediate hand : And Justice and Mercy are the true supporters of his Royal Throne . 26. If the King shall be wholly intent upon Justice , it may appear with an over-rigid aspect ; but if he shall be over-remiss and easie , it draweth upon him contempt . Examples of Justice must be made sometimes for terrour to some ; Examples of Mercy , sometimes , for comfort to others : the one procures fear , and the other love . A King must be both feared and loved , else he is lost . 27. The ordinary Courts of Justice I have spoken of , and of their Judges and judicature ; I shall put you in mind of some things touching the High Court of Parliament in England , which is superlative ; and therefore it will behove me to speak the more warily thereof . 28. For the institution of it , it is very antient in this Kingdom : It consisteth of the two Houses , of Peers and Commons , as the Members ; and of the King's Majesty , as the head of that great body : By the King's authority alone , and by his Writs , they are assembled , and by him alone they are pror●gued and dissolved ; but each House may adjourn it self . 29. They being thus Assembled , are more properly a Council to the King , the Councel of the Kingdom , to advise his Majesty in those things of weight and difficulty , which concern both the King and People , then a Court. 30. No new Laws can be made , nor old Laws abrogated or altered , but by common consent in Parliament , where Bills are prepared and presented to the two Houses , and then delivered : but nothing is concluded but by the King 's Royal assent ; They are but Embroys , 't is he giveth life unto them . 31. Yet the House of Peers hath a power of Judicature in some cases ; properly , to examine , and then to affirm , or if there be cause , to reverse the judgments which have been given in the Court of King's Bench , ( which is the Court of highest jurisdiction in the Kingdom , for ordinary Judicature ) but in these cases it must be done by Writ of Error in Parliamento : And thus the rule of their proceedings is not absoluta potestas , as in making new Laws ( in that conjuncture as before ) but limitata potestas , according to the known Laws of the Land. 32. But the House of Commons have only power to censure the Members of their own House , in point of election or misdemeanors , in or towards that House ; and have not , nor ever had power , so much as to administer an Oath to prepare a judgment . 33. The true use of Parliaments in this Kingdom is very excellent ; and they would be often called , as the affairs of the Kingdom shall require ; and continued so long as is necessary , and no longer , for then they be but burthens to the people , by reason of the priviledges justly due to the Members of the two Houses and their Attendants ; which their just rights and priviledges are religiously to be observed and maintained ; but if they should be unjustly enlarged beyond their true bounds , they might lessen the just power of the Crown , it borders so near upon popularity . 34. All this while I have spoken concerning the Common Laws of England , generally , and properly so called , because it is most general and common to almost all cases and causes , both civil and criminal : But there is also another Law , which is called the Civil or Ecclesiastical Law , which is confined to some few heads ; and that is not to be neglected : and although I am a professor of the Common-Law , yet am I so much a lover of Truth and of Learning , and of my native Countrey , that I do heartily perswade that the Professors of that Law , called Civilians ( because the Civil Law is their guide ) should not be discountenanced nor discouraged ; else whensoever we shall have ought to do with any foreign King or State , we shall be at a miserable loss , for want of Learned men in that profession . III. I come now to the consideration of those things which concern Councellors of State , The Council-Table , and the great Offices and Officers of the Kingdom , which are those who for the most part furnish out that honourable Board . 1. Of Councellors , there are two sorts : The first , Consiliarii nati , ( as I may term them ) such are the Prince of Wales , and others of the King's Sons ( when he hath more● ) of these I speak not , for they are naturally born to be Councellors to the KING , to learn the art of Governing betimes . 2. But the ordinary sort of Councellors are such as the King , out of a due consideration of their worth and abilities , and withal , of their fidelities to his Person and to his Crown , calleth to be of Councel with him in his ordinary Government . And the Council-Table is so called , from the place where they ordinarily assemble and sit together ; and their Oath is the onely ceremony used , to make them such , which is solemnly given unto them , at their first admission : These honourable persons are from thenceforth of that Board and Body : They cannot come until they be thus called , and the King at his pleasure may spare their attendance ; and he may dispense with their presence there , which at their own pleasure they may not do . 3. This being the quality of their service , you will easily judge what care the King should use , in his choice of them ; It behoveth that they be persons of great trust and fidelity , and also of wisdom and judgment , who shall thus assist in bearing up the King's Throne ; and of known experience in publick affairs . 4. Yet it may not be unfit to call some of young years , to train them up in that Trade , and so fit them for those weighty affairs , against the time of greater maturity ; and some also for the honour of their persons : But these two sorts not to be tyed to so strict attendance , as the others from whom the present dispatch of business is expected . 5. I could wish that their number might not be so over-great , the persons of the Councellors would be the more venerable . And I know that Queen Elizabeth , in whose time I had the happiness to be born , and to live many years , was not so much observed , for having a numero●s , as a wise Councel . 6. The duty of a Privy-Councellor to a King , I conceive , is , not onely to attend the Councel-board , at the times appointed , and there to consult of what shall be propounded ; But also to study those things which may advance the King's honour and safety , and the good of the Kingdom , and to communicate the same to the King , or to his fellow Councellors , as there shall be occasion . And this , Sir , will concern you more then others , by how much you have a larger share in his affections . 7. And one thing I ●hall be bold to desire you to recommend to his Majesty : That when any new thing shall be propounded to be taken into consideration , that no Counsellor should suddenly deliver any positive opinion thereof ; it is not so easie with all men to retract their opinions , although there shall be cause for it : But only to hear it , and at the most but to break it , at first , that it may be the better understood against the next meeting . 8. When any matter of weight h●th been debated , and seemeth to be ready for a resolution ; I wish it may not be at that sitting concluded ( unless the necessity of the time press it ) lest upon second cogitations there should be cause to alter , which is not for the gravity and honour of that Board . 9. I wish also that the King would be pleased sometimes to be present at that Board , it adds a Majesty to it : And yet not to be too frequently there , that would render it less esteemed when it is become common ; Besides , it may sometimes make the Councellors not to be so free in their debates in his presence , as they would be in his absence . 10. Besides the giving of Counsel , the Councellors are bound by their Duties ex vi termini , as well as by their Oaths , to keep counsel ; therefore are they called de Privato Consilio Regis , & a secretioribus consiliis Regis . 11. One thing I add , in the negative , which is not fit for that Board , the entertaining of private causes , of meum & tuum ; those should be left to the ordinary course and Courts of Justice . 12. As there is great care to be used for the Councellors themselves to be chosen , so there is of the Clerks of the Council also , for the secreting of their Consultations ; and methinks , it were fit that his Majesty be speedily moved , to give a strict charge , and to bind it with a solemn Order ( if it be not already so done ) that no copies of the orders of that Table be delivered out by the Clerks of the Councel , but by the order of the Board ; nor any not being a Councellor , or a Clerk of the Councel , or his Clerk , to have access to the Councel-Books : and to that purpose , that the servants attending the Clerks of the Councel be bound to secrecy , as well as their Masters . 13. For the great Offices and Officers of the Kingdom , I shall say little : for the most of them are such , as cannot well be severed from the Councellorship ; and therefore the same rule is to be observed for both , in the choice of them : In the general , onely , I advise this , let them be set in those places for which they are probably the most fit . 14. But in the quality of the persons , I conceive it will be most convenient to have some of every sort , ( as in the time of Q●een E●izabeth it was ) one Bishop at the least , in respect of questions touching Religion , or Church-Government ; one or more skilled in the Laws ; some for Martial affairs , and some for Foreign affairs : By this mixture one will help another , in all things that shall there happen to be moved : But if that would fail , it will be a safe way , to consult with some other able persons well versed in that point which is the subject of their Consultation , which yet may be done so warily , as may not discover the main end therein . IV. In the next place , I shall put you in mind of the Foreign Negotiations and Em●assies , to or with Foreign Princes or States , wherein I shall be little able to serve you . 1. Onely I will tell you what was the course in the happy dayes of Q●een Elizabeth , whom it will be no dis-rep●tation to follow : She did vary , according to the nature of the employment , the quality of the persons she employed ; which ●s a good rule to go by . 2. If it were an Embassy of G●●tula●ion or Ceremony ( which must not be neglected ) choice was made of some noble person , eminent in place , and able in purse , and he would take ●t as a mark of favour , and discharge it without any great burthen to the Queen's Coffers , for his own honours sake . 3. But if it were an Embassie of weight , concerning affairs of State , choice was made of some sad person of known judgment , wisdom and experience , and not of a young man , not wayed in State-matters ; nor of a meer formal man , whatsoever his title or outside were . 4. Yet in company of such , some young towardly Noblemen or Gentlemen were usually sent also , as Assistants or Attendants , according to the q●ality of the persons , who might be thereby prepa●ed and fit●ed for the like employment , by this means , at another turn . 5. In their company were alwayes sent some grave and sad men , skilful in the Civil Laws , and some in the Languages , and some who had been formerly conversant in the Courts of those Princes , and knew their wayes ; these were Assistants in private , but not trusted to manage the Affairs in publick ; that would detract from the honour of the principal Embassador . 6. If the Negotiation were about Merchants affairs , then were the persons employed for the most part Doctors of the Civil Law , assisted with some other discreet men ; and in such the charge was ordinarily defrayed by the Company or Society of Merchants , whom the Negotiation concerned . 7. If Legier Embassadors or Agents were sent to re●ain in or near the Courts of those Princes or States ( as it was ever held fit , to observe the motions , and to hold correspondency with them , upon all occasions ) such were made choice of , as were pre●●med to be vigilant , industrious , and discreet m●n , and had the language of the place whither ●he● w●r● sent ; and with these were sent such as were hope●ul to be worthy of the like employment at another time . 8. Their care was , to give true and ti●ely Intelligence of all Occurrences , either to the Q●een her self , or the Secretaries of State , unto whom they had their immediate relation . 9. Their charge was always born by the Q●een , duly paid out of the Exchequer , in such proportion , as , according to their qualities and places might give them an honourable subsistence there : But for the reward of their service , they were to expect it upon their return , by some such preferment as might be worthy of them , and yet be little burthen to the Q●eens Coffers or Revenues . 10. At their going forth , they had their general Instructions in writing , which might be communicated to the Ministers of that State whither they were sent ; and they had also private Instructions , upon particular occasions ; and at their return , they did always render an account of some things to the Queen her self , of some things to the body of the Council , and of some others to the Secretaries of State , who made use of them , or communicated them , as there was cause . 11. In those days there was a constant course held , that by the advice of the Secretaries , or some principal Councellors , there were alwayes sent forth into several parts beyond the Seas some young men , of whom good hopes were conceived of their towardliness , to be trained up , and made fit for such publick Employments , and to learn the Languages . This was at the charge of the Queen , which was not much , for they travelled but as private Gentlemen ; and as by their industry their deserts did appear , so far were they f●rther employed or rewarded . This course I shall recommend unto you , to breed up a Nursery of such publick Plants . V. For Peace and War , and those things which appertain to either ; I in my own disposition and profession am wholly for peace , if please God to ●less the Kingdom therewith , as for many years past he hath done : and , 1. I presume I shall not need to perswade you to the advancing of it ; nor shall you need to perswade the King your Master therein , ●or that he hath hitherto been another Solomon in this our Israel ; and the Motto which he hath chosen ( Beati Pacifici ) shews his own judgement : But he must use the means to preserve it , else such a jewel may be lost . 2. God is the God of Peace ( it is one of his Attributes ) therefore by him alone we must pray , and hope to continue it : there is the foundation . 3. And the King must not neglect the just ways for it ; Justice is the best Protector of it at home , and providence for War is the best prevention of it from abroad . 4. Wars are either Foreign or Civil ; for the Foreign War by the King upon some neighbour Nation , I ●ope we are secure ; the King , in his just and pious disposition , is not inclinable thereunto ; his Empire is long enough , bounded with the Ocean , as if the very situation thereof had taught the King and People to set up their rests , and say , Ne plus ultra . 5. And for a war of invasion from abroad ; onely we must not be over-secure , that 's the way to invite it . 6. But if we be always prepared to receive an Enemy , if the ambition or malice of any should incite him , 〈◊〉 may be very confident we shall long live in peace and quietness , without any attempt upon us . 7. To make the preparations hereunto the more assured : In the first place , I will recommend unto you the care of our out-work , the Navy Royal and Shipping of our Kingdom , which are the walls thereof ; and every great Ship is as an impregnable for t ; and our many safe and commodious Ports and Havens in every of these Kingdoms , are as the redoubts to secure them . 8. For the body of the Ships , no Nation of the world doth equal England , for the Oaken Timber wherewith to build them ; and we need not borrow of any other , iron for Spikes , or N●●ls to fasten them together : but there must be a great deal of providence used , that our Ship-Timber be not unnecessarily wasted . 9. But for Tackling , as Sails and Cordage , we are beholden to our neighbours for them , and do buy them for our money ; that must be foreseen and layd up in store against a time of need , and not sought for when we are to use them : But we are much too blame , that we make them not at home , onely P●tch and Tar we have not of our own . 10. For the true Art of building of Ships , for burthen and service both , no Nation in the world exceeds us : Ship-wrights and all other Artizans belonging to that Trade must be cherished and encouraged . 11. Powder and Ammunition of all sorts we can have at home , and in exchange for other home● commodities we may be plentifully supplied from our Neighbours , which must not be neglected . 12. With Mariners and Seamen this Kingdom is plentifully ●urnished , the constant Trade of Merchandizing will furnish us at a need ; and navigable Rivers will repair the store , both to the Navy Royal , and to the Merchants , if they be set on work , and well payed for their labour . 13. Sea-Captains and Commanders , and other Officers must be encouraged , and rise by degrees , as their fidelity and industry deserve it . 14. Our strict League of ami●y and alliance with our near Neighbours the Hollanders is a mutual strength to both ; the shipping of both , in conjuncture , being so powerful , by Gods blessing , as no Foreigners will venture upon ; This League and Friendship must inviolably be observed . 15. From Scotland we have had in former times some Alarms and Inrodes into the Northern parts of this Kingdom ; but that happy union of both Kingdoms under one Soveraign , our gracious King , I hope , hath taken away all occasions of breach between the two Nations ; let not the cause arise from England , and I hope the Sc●ts will not adventure it ; or if they do , I hope they will find , that although to our King they were h●s first-●orn Subjects , yet to England belongs the birth-right : B●t this sh●uld not be any cause to offer any injury to th●m , nor to suffer any from them . 16. There remains ●hen no danger , by the blessing o● God , but a C●vil War , from wh●ch God of his mercy defend us , as that which is most desperate of all others . The King's wisdom and justice must prevent it , if it may be ; or if it should happen , quod absit , he must quench that wild-fire with all the diligence that possible can be . 17. Competition to the Crown , there is none , nor can be ; there●ore it must be a fire within the bowels , or nothing , the cures whereof are these ; Remedium praevenieus , which is the best physick either to a natural body , or to a State , by just and equal Government to take away the occasion ; and Remedium puniens , if the other prevail not : The service and vigilance of the Deputy-Lieutenants in every County , and of the high-Sheriff , will contribute much herein to our security . 18. But if that should not prevail , by a wise and timous inquisition , the peccant humours and humorists must be discovered , and purged , or cut off ; mercy in such a case , in a King , is truly cruelty . 19. Yet if the Heads of the Tribes can be taken off , and the mis-led multitude will see their errour , and return to their obedience , such an extent of mercy is both honourable and profitable . 20. A King , against a storm , must fore-see , to have a convenient stock of treasure ; and neither be without money , which is the sinews of War , nor to depend upon the courtesie of others , which may fail at a pinch . 21. He must also have a Magazine of all sorts , which must be had from Foreign parts , or provided at home ; and to commit them to several places , under the custody of trusty and faithful Ministers and Officers , if it be possible . 22. He must make choice of expert and able Commanders to conduct and manage the War , either against a foreign invasion , or a home-rebellion ; which must not be young and giddy , which dare , not onely to fight , but to swear , and drink , and curse ; neither fit to govern others , nor able to govern themselves . 23. Let not such be discouraged , if they deserve well , by mis-information , or for the satisfying the ●umou●s or ambition of others , perhaps out of envy , perhaps out of treachery , or other sinister ends : A st●●dy hand in governing of Military Affairs , is more requisite then in times of peace , because an erro●r committed in war , may perhaps prove irremediable . 24. If God shall bless these endeavours , and the King return to his own house in peace , when a Civil War shall be at an end , those who have been found faithful in the Land must be regarded , yea , and rewarded also ; the traiterous , or treacherous , who have misled others , severely punish'd ; and the neutrals , and false-hearted friends and followers , who have started aside like a broken bow , be noted , C●rlone nigro ; and so I shall leave them , and this part of the work . VI. I come now to the six●h part , which is Trade , and that is either at home , or abroad . And I begin with that which is at home ; which enableth the Subjects of the Kingdom to live , and layeth a foundation to a foreign Trade by traffiq●e with others , which enableth them to live plentifully and ●●p●●● . 1. For the Home-trade , I fi●st commend unto your consideration the encouragement of Tillage , which will enable the Kingdom for Corn for the Natives , and to spare for exportation : And I my self have known , more than once , when in times of dearth , in Q●een Elizabeth's days , it drained much coin of the Kingdom , to furnish us with Corn from foreign parts . 2. Good Husbands will find the means by good Husbandry , to improve their lands by Lime , Chalk Marl , or Sea-sand , where it can be had : But it will n●t be amiss , that they be put in mind thereof , and encouraged in their industries . 3. Planting of Orchards in a soil and air fit for them , is very profitable , as well as pleasureable ; S●der and Perry are notable Beverage in Sea-voyages . 4. Gardens are also very profitable , if planted with Artichokes , roots , and such other things as are fit for food ; whence they are called Kitchin-g●rdens , and that very properly . 5. The planting of Hop-yards , sowing of Woad , and Rape-seed , are found very profitable for the Planters , in places apt for them , and consequently profitable for the Kingdom , wh●ch for divers years was furnished with them from beyond the Seas . 6. The planting and preserving of Woods , especi●lly of Timber , is not only profitable , but commendable , therewith to furnish posterity , both for building and shipping . 7. The Kingdom would be much improved , by draining of drowned lands , and gaining that in from the over-flowing of salt waters and the sea , and from fresh waters also . 8. And many of those grounds would be exceeding fit for Dairies ; which , being well houswiv'd are exceeding commodious . 9. Much good land might be gained from Forests and Chases , more remote from the King's access , and from other commonable places ; so as always there be a due care taken , that the poor Commoners have no injury by such improvement . 10. The making of navigable Rivers would be very profitable ; they would be as so many indraughts of wealth , by conveying of commodities with ease from place to place . 11. The planting of Hemp and Flax would be an unknown advantage to the Kingdom , many places therein being as apt for it , as any Forreign parts . 12. But add hereunto , that it be converted into Linen-cloath , or Cordage , the commodity thereof will be multiplied . 13. So it is of the Wools and Leather of the Kingdom , if they be converted into Manufactures . 14. Our English Dames are much given to the wearing of costly Laces ; and , if they be brought from Italy , or France , or Flanders , they are in great esteem ; whereas , if the like Laces were made by the English , so much thred as would make a yard of Lace , being put into that Manufacture , would be five times , or perhaps ten , or twenty times the value . 15. The breeding of Cattle is of much profit , especially the breed of Horses , in many places , not only for travel , but for the great saddle ; the English Horse , for strength , and courage , and swiftness together , not being inferiour to the horses of any other Kingdom . 16. The Minerals of the Kingdom , of Lead , Iron , Copper , and Tynn especially , are of great value , and set many able-bodied subjects on work ; it were great pity they should not be industriously followed . 17. But of all Minerals , there is none like to that of Fishing upon the coasts of these Kingdoms , and the seas belonging to them : our Neighbors within half a days sail of us , with a good wind , can shew us the use and value thereof ; and , doubtless there is sea-room enough for both Nations , without offending one another ; and it would exceedingly support the Navy . 18. This Realm is much enriched , of late years , by the Trade of Merchandize which the English drive in Foreign parts ; and , if it be wisely managed , it must of necessity very much increase the wealth thereof ; care being taken , that the exportation exceed in value the importation , for then the balance of Trade must of necessity be returned in Corn , or Bullion . 19. This would easily be effected , if the Merchants were perswaded , or compelled to make their returns in solid commodities , and not too much thereof in vanity , tending to excess . 20. But especially care must be taken , that Monopolies , which are the Cankers of all trading , be not admitted , under specious colours of publick good . 21. To put all these into a regulation , if a constant Commission to men of honesty & understanding were granted , and well pursued , to give order ●or the managing of these things both at home and abroad , to the best advantage ; and that this Commission were subordinate to the Councel-board , it is conceived it would prod●ce notable effects . VII . The next thing is that of Colonies and Foreign Plantations , which are very necessary , as out-lets to a populous Nation , and may be profitable also , if they be managed in a discreet way . 1. First , in the choice of the place ; which requireth many circumstances , as the situation near the Sea , for the commodiousness of an intercourse with England ; the temper of the Air and climate , as may best agree with the bodies of the English , rather inclining to cold , than heat ; that it be stored with Woods , Mines , and Fruits , which are naturally in the place ; that the soil be such as will probably be fruitful for Corn , and other conveniencies , and for breeding of Cattel ; that it hath Rivers , both for passage between place and place , and for fishing also , if it may be ; that the Natives be not so many , but that there may be elbow-room enough for them , and ●or the Adventives also : All which are likely to be found in the West-Indies . 2. It would be also such as is not already planted by the Subjects of any Christian Prince , or State , nor over-neerly neighbouring to their Plantation . And it would be more convenient , to be chosen by some of those Gentlemen or Merchants whic● move fi●st in the work , than to be designed unto them from the King ; for it must proceed from the option of the people , else it sounds like an Exile : so the Colonies must be raised by the leave of the King , and not by his command . 3. After the place is made choice of , the first step must be , to make choice of a fit Governour , who although he have not the name , yet he must have the power of a Vice-Roy ; and if the person who principally moved in the work be not fit for that trust , yet he must not be excluded from command ; but then his defect in the Governing part must be supplied by such Assistants as shall be joyned with him , or as he shall very well approve of . 4. As at their setting out they must have their Commission , or Letters Patents from the King , that so they may acknowledge their dependency upon the Crown o● England , and under his protection ; so they must receive some general instructions how to dispose of themselves when they come there , which must be in nature of Laws unto them . 5. But the general Law , by which they must be guided and governed , must be the Common Law of England ; and to that end it will be fit , that some man , reasonably studied in ●he Law , and otherwise qualified for such a purpose , be perswaded ( if not thereunto inclined of himself , which were the best ) to go thither as a Chancellor amongst them , at first ; and when the Plantation were more setled , then to have Courts of Justice , there , as in England . 6. At the first planting , or as soon after as they can , they must make themselves defensible both against the Natives , and against Strangers ; and to that purpose , they must have the assistance of some able Military man , and convenient Arms and Ammunition ●or their defence . 7. For the Discipline of the Church in those parts , it will be necessary , that it agree with that which is setled in England ; else it will make a Schism , and a rent in C●ri●ts Coat , which must be seamless : and , to that purpose , it will be fi● , that by the King 's supream power in Causes Ecclesiastical , within all his Dominions , they be subordinate under some Bishop and Bishoprick of this Realm . 8. For the better defence against a common Enemy , I think it would be best , that Foreign Plantations should be placed in one Continent , and neer together ; whereas , if they be too remote the one from the other , they will be disunited , and so the weaker . 9. They must provide themselves of houses , such as for the present , they can , and , at more leisure , such as may be better ; and they first must plant for Corn and Cattel , &c. for food , and necessary sustenance ; and after , they may enlarge themselves for those things which may be for profit and pleasure , and to traffique withal also . 10. Woods for shipping in the first place , may doubtless be there had , and Minerals there found , perhaps , of the richest ; howsoever , the Mines out of the fruits of the earth , and seas , and waters adjoyning , may be found in abundance . 11. In a short time they may build Vessels and Ships also for Traffique wit● the parts near adjoyning , and with England also , from whence they may be furnished with such things as they may want , and in exchange , or barter , send from thence other things , with which quickly , either by Nature , or Art , they may abound . 12. B●t these things would , by all means be prevented ; That no known Bankrupt , for shelter ; nor known Murderer , or other wicked person , to avoid the Law ; nor known Heretick , or Schismatick , be sussered to go into those Countreys ; or , if they do creep in there , not to be harboured , or continued : else , the place would receive them naught , and return them into England , upon all occasions , worse . 13. That no Merchant , under colour of driving a Trade thither , or from thence , be suffered to work upon their necessities . 14. And that to regulate all these inconveniences , which will insensibly grow upon them , that the King be pleased to erect a subordinate Council in England , whose care and charge shall be , to advise , and put in execution , all things which shall be found fit for the good of those new Plantations ; who , upon all occasions , shall give an account of their proceedings to the King , or to the Councel-board , and from them receive such directions as may best agree with the Government of that place . 15. That the King 's reasonable profit be not neglected , partly , upon reservation of moderate rents and services ; and partly , upon Customs ; and partly , upon importation and exportation of Merchandize ; which , for a convenient time after the Plantation begin , would be very easie , to encourage the work ; but after it is well setled , may be raised to a considerable proportion , worthy the acceptation . VIII . I come to the last of those things which I propounded , which is , the Court , and C●riality . The other did properly co●cern ●he King , in his Royal capacity , as Pater patriae ; this more properly , as P●terfamilias : And herein , 1. I shall , in a word , and but in a word onely , put you in mind , That the King in his own person , both in respect of his Houshold , or Court , and in respect of his whole Kingdom ; ( for a little Kingdom is but as a great Houshold , and a great Houshold , as a little Kingdom ) must be exemplary , Regis ad exemplum , &c. But for this , God be praised , our charge is easie ; for your Gracious Master , for his Learning and Piety , Justice and Bounty , may be , and is , not onely a president to his own Subjects , but to foreign Princes also ; yet he is still but a man , and seasonable Memento's may be useful ; and being discreetly used , cannot but take well with him . 2. But your greatest care must be , that the great men of his Court ( for you must give me leave to be plain with you , for so is your injunction laid upon me ) your self in the first place , who is first in the eye of all men , give no just cause of scandal , either by light , or vain , or by oppressive carriage . 3. The great Officers of the King's Houshold had need be both discreet and provident persons , both for his Honour , and for his Thrift : they must look bot● ways , else they are but half-sighted : Yet in the choice of them , there is more latitude left to affection , than in the choice of Councellors , and of the great Officers of State , before touched , which must always be made choice of meerly out of judgement , for in them the Publick hath a great interest . 4. For the other Ministerial Officers in Court ( as , for distinction sake , they may be termed ) there must be also an eye unto them , and upon them ; they have usually risen in the H●ushold b● degrees , and it is a noble way , to encourage faith●ul service : But the King must not bind himself to ● necessity herein , for then it will be held ex debito ; neither must he alter it , without an apparent cause for it : but to displace any who are in , upon displeasure , which for the most part h●ppeneth upon the information of some great man , is , by all mean● to be avoided , unless there be a manifest cause for it . 5. In these things you may sometimes interpose , to do just and good offices : but for the general , I should rather advise , meddle little , but leave the ordering of those Houshold-affairs to the White-staffs , which are those honourable persons , to whom it properly belongeth , to be answerable to the King for it ; and to those other Officers of the Green-cloth , who are subordinate to them , as a kind of Councel , and a Court of Justice also . 6. Yet for the Green-cloth Law , ( take it in the l●rgest sense ) I have no opinion of it , farther than it is regulated by the just Rules of the Common-Laws of England . 7. Towards the support of his Majesties own Table , and of the Princes , and of his necessary Of●icers , his Majesty hath a good help by Purveyance , which justly is due unto him ; and , if justly used , is no great burthen to the Subject ; but by the Purveyors , and other under-Officers , is many times abused . In many parts of the Kingdom , I think it is already reduced to a certainty in money ; and if it be indifferently and discreetly managed , it would be no hard matter to settle it so throughout the whole Kingdom ; yet to be renewed from time to time , for that will be the best , and ●afest , both for the King and people . 8. The King must be put in mind , to preserve the Revenues of his Crown , both certain , and casual , without diminution , and to lay up treasure in store against a time of extremity ; empty Coffers give an ill sound , and make the people many times ●orget their Duty , thinking that the King must be beholden to them for his supplies . 9. I shall by no means think it fit , that he reward any of his serv●nts with the benefit of forfeitures , ei●her by Fines in the Court of S●ar-Chamber , or High-Commission Courts , or other Courts of J●stice ; or that they should be farmed out , or bestowed upon any , so much as by promise● befo●e judgement given ; it would neither be profitable , nor h●nourable . 10. Besides matters of serious consideration , in the C●urts of Princes , there must be times for pastimes and d●sports : When there is a Queen● and Ladies of Hon●ur attending her , there must sometimes be Masques , and Revels , and Enterludes ; and when there is no Q●een , or Princess , as now , yet at Festivals , & for entertainment of Strangers , or upon such occasions , they may be fit also : Yet care would be taken , that in such cases , they be set ●●f more with wit and activity , than with costly and wasteful expence● . 11. But for the King and Prince , and the Lords and Chivalry of the Court , I rather commend , in their tu●ns and seas●ns , t●e riding of the great Horse , the Tilts , Barriers , Tennis , and Hunting , which are more for the health and strength of those who exersi●e them , than in an effeminate way to please themselves and others . And now the Prince grow●th up fast to be a man , and is of a sweet and excellent disposition ; it would be an irreparable stain and dishonour upon you , having that access unto him , if you should mis-lead him , or suffer him to be mis-led by any flattering Parasites : The whole Kingdom hath a deep interest in his virtuous education ; and if you , keeping that distance which is most fit , do humbly interpose your self , in such a case , he will one day give you thanks for it . 12. Yet Dice and Cards may sometimes be used for recreation , when field-sports cannot be had ; but not to use it as a mean to spend the time , much less to mis-spend the thrift of the Gamesters . SIR , I shall trouble you no longer ; I have run over these things as I first propounded them ; please you to make use of them , or any of them , as you shall see occasion ; or to lay them by , as you think best , and to add to them , as you daily may , out of your experience . I must be bold again , to put you in minde of your present condition ; you are in the quality of a Sentinel ; if you sleep , and neglect your charge , you are an undone man , and you may fa●l faster than you have risen . I have but one thing more to mind you of , which neerly concerns your self ; you serve a great and gracious Master , and there is a most hopeful young Prince , whom you must not desert ; it behoves you to carry your self wisely and evenly between them both : adore not so the rising Son , that you forget the Father , who raised you to this height ; nor be you so obsequious to the Father , that you give just cause to the Son , to suspect that you neglect him : But carry your self with that judgement , as , if it be possible , may please and content them both , which , truly , I believe , will be no hard matter for you to do ; so may you live long beloved of both , which is the hearty prayer of Your most obliged and devoted servant . THese were his Rules , and this his practice : My Lord of Nottingham he bought nobly from the Admiralty ; his Assistant , Vice-Admiral Maunsel , he entertained civilly , and procured that place for life , which he had only during pleasure . The Warden of the Cinque-ports resigned his place seasonably ; ●he Master of the Horse gave up his preferment and his life opportunely . — He advanced his Relations prudently , gratifying them , and fortifying himself : He made an excellent choice of Servan●s and Confederates ; entertained the ablest and most faithful Assistants : Doctor Williams and Dr. Laud were of his Council for the Church , Sir Francis Bacon for the State. From the fi●st he received frequent Schedules of Persons and Doctrines ; from the other constant Transcripts of Rules and Intelligence : Never any man more constant to his approved friend , never any more fatal to his known Enemies : He was the instrument of all the Subjects services to his Soveraign , and of his Sovereign's favours to his Subjects : no place was bestowed without his knowledge ; no action passed without his approbation ; not an eminent man but depended on him , and was subordinate to him : His dispatches were many , and pregnant testimonies that he was a great Master of his Time , and a greater of his Method and Affairs . Great he was indeed , and humble too , not raised by his present fortune above the sense of his former : envied he was , not hated ; applauded in the same Parliament for his services , & declaimed against for his preferments ; ever studious of the peoples Interest , which is the care of few Favourites ; never happy in their love , which is the fa●e of all . He approved himself both to the declining Monarch , and the rising , as having won himself not so much to their affections , which were alterable , as to their judgements , which were lasting ; and made his preferment rather a matter of Interest , which is real , than of favour , which is personal : Looking on Somerset laid at his feet , Bristol and Williams brought on their knees , Carlisle and Pembrook beneath him , and Holland behind him ; and every man that would not owe his preferment to his favour , must owe his ruine to his frown . He was intrusted with the greatest service and secret in Spain , when he dived to the bottom of that Countreys policy , and the Intrigues of Europes Counsels ; and could come off in the Match wi●h Spain to the King and Kingdoms mind dex●erously , when Sir Walter Aston and my Lord of Bristol were at a loss about it , to both their displeasures , weakly , amidst the open entertainment , and secret working of that place . — In his attendance on the King in Scotland as Counsell or of th●t Kingdom , he carried himself with singular sweetness and temper , as it behoved him , being now in f●vour , and succeeding one of their own . They th●● censure his sudden advancements and great preferments , consider not , that Certainly the hearts of great Princes , if the● be considered as it were in Abstract , without th● necessities of States , & circumstances of time , being besides their natural Extent , moreover onc● opened and dilated with affection , can take n● full and proportionable pleasure in the exerc●s● of any narrow bounty . And albeit at first the● give only upon choice and love of the Person● yet within a while themselves likewise begin t● love their givings , and to foment their deeds , n● less than Parents do their children . Besides that , by so long , and so private , an● so various conso●iation with a Prince of such excellent nature , he had now gotten as it wer● two lives in his own Fortune and Greatness● whereas otherwise the Estate of a Favourite is a● the best but a Tenant at will , and rarely transmitted . And the mo●e notable , because it had bee● without any visible Eclipse or Wane in himself● amidst divers variations in others . How general his care appears in that amidst his more important Negotiations , he condescended to this noble act o● charity to a Scholar and to Learning ; which I must , for my part , celebrate above all his Expences . There was a collection of certain rare Manuscrip●s exquisitely written in Arabick , and sought in ●he m●●● remote parts , by the diligence of Erpe●●●● the ●ost excellent Linguist . These had been left to the Widow of the said Erpenius , and were upon sail to the Jesuites of Antwerp , liquorish Chapmen of such Ware. Whereof the Duke getting knowledge by his worthy and learned Secretary , Doctor Mason , in●erverted the bargain , and gave the poor Widow for them fiv● hundred pounds , a sum above their weight in silver , and a mixed act both of bounty and charity ; the more laudable , being much out of his natural Element . These were they , which after his death were as nobly pre●ented as they had been bought to Cambridge by his Dutchess , as soon as she understood by the foresaid Doctor her Lords intention to furnish the said University with other choice Collections from all parts at his own charge . The Duke's Answers to his Appeachments , in number thirteen , I find very diligently and civilly couched : and though his heart was big , yet they all savour of an humble spirit one way , and an equitable consideration another , which could not but possess every vulgar conceit , and somewhat allay the whole matter ; that in the bolting and sifting of near fourteen years of such power and favour , all that came out could not be expected to be pure , and white , and fine Meal , but must needs have withal among it a certain mixture of Padar and Bran in this lower age of humane fragility . Howsoever this tempest did only shake , and not rent his Sails . His defence against danger was noble , but his contempt of it nobler ; for when Sir George Goring advised him only to turn out of the ordinary road , He resolved not to wave his way upon this reason , perhaps more generous than provident ; That if , as he said , he should but once by such a diversion make his enemy believe he were afraid of danger , he should never live without . And when his young Nephew the Lord Viscount Fielding offered him another time to put on his Coat and ●lew Ribbon , while they passed through a Town where they apprehended some design against the Duke ; He would not ( as he said ) accept of such an offer in that case from a Nephew , whose life he tendered as much as himself : But after some short ●●rection to his company , he rode on without ●erturbation of mind , though a drunken fellow ●●id hold of his Bridle under pretence of begging , 〈◊〉 begin a tumult . Neither ( for ought I can * hear ) was there any further enquiry into that practice , the Duke peradventure thinking it wisdom not to reserve discontentments too deep . But in the middest of these little dangers , his Grace was not unmindful of his civil course , to cast an eye upon the ways to win unto him such as have been of principal credit in the lower house of Parli●ment ; applying lenitives , or subducting from that part where he knew the Humours were sharpest ; amidst which thoughts , he was surprized by a fatal stroke , written in the black book of Necessity . Whereof he was forewarned as well by his own as others apprehensions , as appears by his last Addresses to the Arch-Bishop of Canterbury the Earl of Holland , and his sacred Majesty . And certain it is , that some good while before , Sir Clement Throckmorton , a Gentleman then living , of grave judgement , had in a private conference advised him to wear a privy Coat ; whose counsel the Duke received very kindly , but gave him this answer ; That against any popular fury , a shirt of male would be but a silly defence ; and as for any single mans assault , he took himself to be in no danger — So dark is Destiny . Since he is dead , he is charged ; 1. For advancing his Relations ; which yet was humanity in him , and not a fault . 2. For enriching himself ; though as it is said of that French Peer , he was rich only in Obligations , his Estate being at the mercy of Suitors . To his familiar Servants , so open-handed he was , though many of them so ungrateful as to deny relation unto him , either about his person in ordinary attendance ; or about his affairs of State , as his Secretaries ; or of Office , as his Steward ; or of Law , as that worthy Knight whom he long used to solicite his Causes : He left all both in good Fortune ; and which is more , in good Fame : Things very seldom consociated in the instruments of great Personages . 3. He had many Offices , but committed himself a most willing Pupil to the directions of such as were generally thought fit to manage affairs of that nature , condescending to the meanest Arts , to adapt himself to his employments . 4. He was not bookish , it 's true ; his Affairs forbad him study , yet had he a natural readiness to discourse of all subjects ; which wanted nothing towards applause , but the candor and benevolence of his hearers , whose dis-ingenuity oft-times turned his most honest discourses to accusations ; witness that ●bullition of his joy to his Majesty in behalf of his People , which Sir Iohn Eliot made Treason against them . 5. He was great indeed , but gentle and affable ; insomuch , that though his memory were a place so taken up with high thoughts , and unlikely to have any room for matters of so small importance , he was ever known to entertain his younger acquaintance with much familiarity , — and all men with that civility , wherein was observed his peculiarity , happy bravery of deriving favours , and conferring them with so many noble Circumstances , as the manner was as obliging as the matter , and mens understandings oft-times as much puzled as their gratitude . 6. He would intercede , it 's confessed , for poor Malefactors , more out of his innate compassion , than any design to obstruct the course of Justice ; believing doubtless ( saith my Author ) that hanging was the worst use a man could be put to . In fine , a Gentleman he was of that choice and curious make for exteriour shape , as if Nature had not in his whole frame drawn one line amiss , nor was his Fabrick raised by soft and limber studs , but sturdy and virile . His intellectuals gained him rather the opinion of a wise man , th●n of a wit. His skill in Letters very mean ; for finding Nature more indulgent to him in the orn●ments of the body , than of the mind , the tendency of his youthful Genius was rather to improve those excellencies wherein his choice felicity consisted , than to addict himself to morose and sullen Bookishness ; therefore his chief exercises were , dancing , fencing , vaulting , and the like , as indications of strenuous Agility ; yet could he have foreseen where all the Climacteries and motions of his Advance should have terminated , that from no more than a meer Gentleman , it should be his luck to vault into the dignity of a Duke , and trust of a Privy-Counsellor , we may presume his early studies would not have cast so much neglect upon a thing so impor●ant to him as a Statesman , though not very fashionable as a Courtier . The temperature of his mind was , as to moral habits , rather disposed to good than bad ; his deportment was most affable and debonair , a rare example in one raised so high and so speedily : To his Relations liberal , firm to his friend , formidable to his enemy . He was a Courtier , and a young man , a profession and age prone to such desires , as when they tend to the shedding of no mans blood , to the ruine of no Family , Humanity sometimes connives at , though she never approves . So that take him in his publick capacity ( wherein only he comes under our observation , which meddles not with mens private converse or moralities any further than they are subservient to their State-employments ) we may say of him , as one doth of his Master ; That in him the things we can wish , are fewer than those we praise . But be it for ever remembred , That the villain , whose despair of advancement made him careless of his own life , and Master of this Lords , talked in his examination of a Sermon at St. Faiths , no● his own Parish-Church , where he heard ; That every man in a good cause might be I●dge and Executioner of sin ; which he applied to himself . Whence raw discoursers in Divinity should learn how prudently they should pre●ch ; and itching heare●● , how warily they should hear● Observations on the Life of VVilliam Noy , Attorney General . WIlliam Noy , born in Cornwal , was bred in Lincolns-Inne , a most sedulous Student , constantly conversant with ancient Writings , verifying his Anagram : WILLIAM NOY , I moyl in Law. He was for many years the stoutest Champion for the Subjects Liberty , until King Charls entertained him to be his Attorney . The dis-ingenuity of the Parliament , & his impendent necessity , would have put another Soveraign on extraordinary wayes ; but to King Charls it was enough , they were illegal . No extremity , though never so fatal , could provoke him to irregularities ; yet whatever w●yes the Laws allowed , or Prerogative claimed , to secure a desperate People , that would undo themselves , he was willing to hearken to ; therefore for a cunning man , the cunningst at such a project of any within his three Dominions , he sends for his Attorney-General Noy , and tells him what he had in contemplation , bids him contrive the Mode , but a statutable one , for defraying the expence : Away goeth the subtle Engineer , and at length , — from old Records bolts out an ancient common P●ecedent of raising a Tax for setting out a Navy in case of danger . The King glad of the discovery , as Treasure-tr●ve , presently issued out Writs , first to the Port-Towns within the Realm , declaring that the safety of the Kingdom was in danger ( and so it was indeed ) and therefore that they should provide against a day prefixed twenty seven Ships of so many Tun , with Guns , Gun-powder , Tackle , and all other things necessary . But this business is no sooner ripened , than the Author of it dyeth , Aug. 6. 1634. He was a man passing humorous , but very honest ; clownish , but knowing ; a most indefatigable plotter , and searcher of ancient Records ; whereby he became an eminent instrument both of good and evil ( and of which most , is a great question ) to the King's Prerogative : For during the times that Parliaments were frequent , he appeared a stout Patriot for the Common-wealth ; and in the last was an active opponent in the differences concerning Tonnage and Poundage : But when the dissolution of that was in some mens apprehensions , the end of all ; No sooner did the King shew him the Lure of advancement , but quitting all his former Inclinations , he wheeled about to the Prerogative , and made amends with his future service for all his former dis-obligements . — This is something smart ; more to his advantage is that character Arch-Bishop Laud gives him ; That he was the best friend the Church ever had a of Layman , since it needed any such ( and indeed he was very vigilant over its Adversaries , witness his early foresight of the danger , and industrious prosecution of the illegality of the design of buying Impropriations set up by persons not well af●●●e● to the present constitution ) and that of the ●●●●orian , that he loved to hear Dr. Preston preach , because he spake so solidly , as if he knew Gods will. — To which I add a passage from the mouth of one present thereat . The Goldsmiths of London had ( and in due time may have ) a custom once a year to weigh gold in the Star Chamber , in the presence of the Privy-Council and the King's Attorney . This solemn weighing by a word of Art they call the Pix , and make use of so exact scales therein , that the Master of the Company affirmed , that they would turn with the two hundredth part of a grain . I should be loth ( said the Attorney Noy , standing by ) that all my Actions should be weighed in those Scales ; with whom all men concur that know themselves : And this was the first evidence of his parts , and the occasion of his reputation . Three Grasiers at a Fair had left their money with their Hostess while they went to Market ; — one of them calls for the money and runs away ; — the other two come upon the woman , and sue her for delivering that which she had received from the three , before the three came and demanded it . — The Cause went against the Woman , and Judgement was ready to be pronounced ; when Mr. Noy being a stranger , wisheth her to give him a Fee , because he could not plead else ; and then moves in Arrest of Judgement , that he was retained by the Defendant , and that the case was this : The Defendant had received the money of the three together , and confesseth , was not to deliver it until the same three demanded it ; and therefore the money is ready , Let the three men come , and it shall be paid : a motion which altered the whole proceeding . Of which , when I hear some say it was obvious , I remember that when Columbus had discovered America , every one said it was easie : And he one day told a company at Table where he was , that he could do a stranger thing than that discovery ; he would make an Egg stand an end on a plain Table : the speculatives were at a loss how it should be done ; — he knocks the Egg upon the end , and it stands : Oh! was that all , they cryed ; Yes ( saith he ) this is all ! and you see how hard a thing it is to conceive a thing in the Idea , which it 's nothing to apprehend in the performance . I need say no more of this Gentleman , but that Sergeant Maynard will say to this hour , he rose mainly at first by being looked upon as Mr. Noy's Favourite . Observations on the Life of Sir John Savil. THe methods of this Gentleman's advancement exactly parallel those of his Countrey-man Sir Thomas Wentworth : Both had the same foundation of wealth and honour to build on ; both had solid and strong parts to act by ; both began with Popularity in the Countrey , proceeded with activity in Parliaments ; — accomplished themselves with correspondence all over the Nation : both eminent upon the Bench ; both hospitable at home ; both bountiful to Lecturers ; both well skilled in , and stedfast to the great points of Prerogative and Liberty . — For the last whereof ; they were so bold ( as sure either by carrying the Cause to oblige the people to themselves , or by suffering for it to enrage them against the Government ) that Sir R. Weston made it his business to take off the one , and my Lord of Canterbury the other ; which they did with such success , that as my Lord Wentworth became a great Favourite , so the Lord Savile was an eminent Counsellor ; only finding that his young Neighbour had got the start of him , he kept to one of his popular Principles always , viz. a restless impetuosity towards Papists , against whom he made himself famous ; 1. For a Disputation procured by him in Drury-Lane ( whither he brought Bishop Vsher under the notion of a Countrey-Parson ; when the Jesuites cryed , There was more Learning in that Parson , than in all the men in England . ) 2. For a project offered by him in Parliament . — For when they taking advantage of King Charls his wants , profe●ed to maintain five thousand men to serve his Majesty in Ireland , and a proportion of Ships to secure him in England , on condition of the free exercise of their Religion ; Sir Iohn interposed , That if the King were pleased but to call on the Recusants to pay Thirds ( legally due to the Crown ) it would prove a way more effectual , and less offensive , to raise a mass of money : It being but just that they who were so rich and free to purchase new Priviledges , should first pay their old Penalties . When I read of a Lord Savile going privately to Scotland , 1639. subscribing to a Petition , with o●her moderate Lords , as they called them , containing the very sense of the saction ( insomuch that it is observed , the City-Petition and theirs were couched in the same words ) yet going to Oxford , and after all , being so turbulent there , that his Majesty was fain to send him beyond Sea , where his Majesty writes with his own hand , He doubts he will rather exchange his villany , than end it ; I am almost of that wise mans mind , that there were no less than 17 particular Designs set on foot by the promotion of the late Troubles ; whereof though most , yet not all were carried on in Westminster : — or to enforce something more solid ; that a King should say as the Italian doth , If my Subject deceives me once , God forgive him ; If a second time , God forgive me ; and the rather , because it 's fatal for Majesty to err twice . Observations on the Life of Bishop Williams . A Strong constitution made his p●rts , a strict education improved them ; unwearied was his industry , unexpressible his capacity : He never saw the book of worth he read not , he never forgot what he read : he never lo●● the use of what he remembred : Every thing he heard or saw was his own ; and what was his own , he knew how to use to the utmost : His extraction being Gentile , his Soul large and noble , his presence and carriage comely and stately ; his learning copious , his judgement stayed , his apprehension clear and searching , his expression lively and effectual , his elocution flowing and majestick ; his Proctorship , when he gave the Lord Chancellor Egerton so much satisfaction in treating the Spanish Ambassador at an Act in Cambridge , that thenceforward he resolved on his preferment , 1612. discovered him a person above his place ; and his Lectures to his Pupils , above his preferment . Bishop Vaughan first admitteth him to his Family , and then to his bosom ; there his strong Sermons , his exact government ( under my Lord ) his plentiful observation , his numerous acquaintance , made him my Lord Chancellor Egerton's friend , rather than his servant ; his familiar , rather than his Chaplain . Never was there a more communicative Master to instruct , than my Lord Elsem●re ; never a more capable Scholar to learn , than Dr. Williams , who had instilled to him all necessary State-maxims while his old Master lived , and had bequeathed to him four excellent * Books when his Master was dead : These four books he presented to K. Iames the very same time that he offered himself to the Duke of Buckingham . The excellent Prince observed him as much for the first gift , as the noble Duke did for the second : the King and Duke made him their own , who they saw had made that excellent Book his . Willing was King Iames to advance Clergy-men , and glad to meet with men capable of Advanceme●t . His two Sermons at Court made him Dean of Westminster ; his exact state of the Earl of Somerset's Case made him capable of , and the KING'S inclination to ●rust his Conscience in a Divines hand , setled him in the Lord Keepers place actually , only for three years to please the people ( who were offended with his years , now but 34. and his calling a Divine : ) but designedly for ever to serve his Majesty . The Lawyers despised him at first , but the Judges admired him at last : and one of them said , That never any man apprehended a Case so clearly , took in all the Law , Reason , and other Circumstances more punctually , recollected the various Debates more faithfully , summed it up more compendiously , and concluded more judiciously and discreetly . For many of them might have read more than he , but none digested what they had read more solidly , none disposed of their reading more methodically , none therefore commanded it more readily . He demurred several Orders , as that of my Lord Chancellor's pardon , the Earl Marshal's Patent , &c. to let his Majesty see his judgement ; yet passed them , to let him see his obedience : He would question the Dukes Order sometimes discreetly , to let him know he understood himself ; yet he would yield handsomly , to let him see he understood him : and indeed he had the admirable faculty of making every one of his actions carry prudence in the performance . Necessary it was , for one of his years and place to keep his distance , and avoid contempt ; yet fatal was it to him to do so , and incur envy . — Well understood he the interest of all his places , & resolutely he maintained them . What ? saith he , shall the Liberties of Westminster be infringed , when the chief Favourite is Steward , and the Lord Keeper Dean , and I the contemptible man that must be trampled on ? When he was in trouble , what passion , what insinuation , what condescention hath he at command ? when petitioned to how quickly he looked through men and business ? how exactly would he judge , and how resolutely conclude , without an immediate intimation from his Majesty or the Duke ! Many eyes were upon him , and as many eyes were kept by him upon others ; being very watchful on all occasions to accommodate all Emergencies , and meet with all humors — alwayes keeping men in dependance on the Duke , according to this intimation of his . — Cabal 287. Let him hold it , but by your Lordships favour , not his own power . A good way , had he been constant to it , the neglect whereof undid him ; for designing the promotion of Doctor Price to the Arch-Bishoprick of Armagh , he moved it to the Duke , who told him it was disposed of to Doctor Vsher , Whereupon he went his own way to advance that man , and overthrew himself : For then his Lord let him feel what he had threatned my Lord Bacon when he advanced him ; That if he did not owe his preferment alwayes to his favour , he should owe his fall to his frown . The peremptoriness of his judgement ●endred him ●dious ; his compliance with Bristol , suspected ; and his Sermon at King Iames his Funeral [ his tryal rather than his preferment ] obnoxi●us . His spirit was great to act , and too great to suffer . It was prudence to execute his decrees against all opposition while in power ; it was not so , to bear up his miscarriages against all Authority , while in disgrace . A sanguine complexion , with its resolutions , do well in pursuit of success : Phlegm and its patience do better in a re●reat from miscarriages . This he wanted , when [ it may be , thinking ●ear was the passion of King Charls his Govern●ent as well as King Iames ] he seconded his easie ●all with loud and open discontents , and those discontents with a chargeable defence of his servants that were to justifie them , and all with that unsafe popularity , invidious pomp , and close irregularity , that laid him open to too many active persons that watched him : Whether his standing out against Authority , to the perplexing of the Government in the Star-Chamber in those troublesom times ; his entertainment and favour for the Discontented and Non-Conformists ; his motions for Reformation and alteration in twelve things ; his hasty and unlucky Protestation in behalf of the Bishops , and following actions in England and W●les , where it 's all mens wonder to hear of his meruit sub Parliamento , had those private grounds and reasons , that if the Bishop could have spoke with the King but half an hour , he said , would have satisfied him , the King of Kings only knoweth , to whom he hath given , I hope , a better account than any Historian of his time hath given for him . But I understa●d better his private inclination● than his publick actions ; the motions of his na●●●●● than those of his power ; the conduct of the o●● being not more reserved and suspitious , tha● 〈◊〉 effects of the other manifest , and noble : for n●● 〈◊〉 mention his Libraries erected at Sr. Iohn's 〈◊〉 Westminster , his Chappel in Lincoln-Colledge ; 〈◊〉 repairs of his Collegiate Church : his pensions 〈◊〉 Scholars more numerous than all the Bishops and Noble-mens besides ; his Rent-charges on all the Benefices in his Gift as Lord Keeper , or Bishop of Lincoln , to maintain hopeful youth , according to the Statute in that ●ase provided . Take this remarkable instance of his munificence ; that when Du Moulin came over , he calleth his Chaplain , now the R. R. Father in God , Iohn Lord Bishop of Coventry and Lichfield , and telleth him , he doubted the good man was low , wishing him to repair to him with some money , and his respects , with assurance that he would wait upon him himself at his first liesure . — The excellent Doctor rejoyneth , that he could carry him no less than twenty pounds ; the noble Bishop replyeth , he named not the sum , to sound his Chaplains mind ; — adding , that twenty pounds was neither fit for him to give , nor for the reverend Forreigner to receive . Carry him , said he an hundred pounds . He is libelled by common fame for unchaste , though those that understood the privacies and casualties of his Infancy , report him but one degree removed from a Misogonist , though to palliate his infirmities ; he was most compleat in Courtly addresses : the conversableness of this Bishop with Women consisted chiefly ( if not only ) in his treatments of great Ladies and Persons of honour , wherein he did personate the compleatness of courtesie to that Sex ; otherwise a woman was seldom seen in his house , which therefore had always more of Magnificence than Nearness , sometimes defective in the Punctilio's and Niceties of Daintiness , lying lower than masculine Cognizance , and as level for a womans eye to espy , as easie for her hands to amend . He suffereth for conniving at Puritans , out of hatred to Bishop Laud ; and for favouring Papists , o●t of love to them : — Yet whatever he offered King Iames ( when the Match went on in Spain ) as a Cou●cellour , or whatever he did himself as a States-man ; s●ch kindness he had for our Liturgy , that he translated it at his own cost into Spanish , and used it in the visitation of Melvin when sick , to his own peril , in the Tower ; and such resolution for Episcopacy , that his late Majesty of blessed memory said once to him ; My Lord , I commend you , that you are no whit daunted with all disasters , but are zealous in defending your Order . — Please it your Majesty , replyed the Arch-Bishop , I am a true Welsh-man , and they are observed never to run away till their General first forsakes them — No fear of my flinching , while your Majesty doth countenance our Cause . His extraction was gentile and ancient , as appeared from his Ancestors Estate ; which was more than he could purchase without borrowing , when at once Lord Keeper , Bishop of Lincoln , and Deau of Westminster . His mind great and resolute , insomuch that he controuled all other advices to his last , to his loss in Wales : — and daunted Sir Iohn Cook , as you may see in his character to his honour in England . His wariness hath these arguments : 1. That he would not send the Seal to the King but under lock and key . 2. That being to depute one to attend in his place at the Coronation , he would not name his Adversary , Bishop Laud , to gratifie him ; nor yet any other , to displease the King ; but took a middle way , and presented his Majesty a List of the Prebendaries , to avoid any exception , referring the Election to his Majesty himself . 3. That he proposed a partial Reformation of our Church to the Parliament , to prevent an utter extirpation by it . 4. That he exposed others to the censure of the Parliament 1625. to save himself . 5. That he answered to several Examinations without any the least advantage taken by his Antagonist . This character of his I think very exact : That his head was a well-fitted treasury , and his tongue the fair key to unl●ck it : That he had as great a memory ●s could be reconciled with so good a judgement : That so quick his parts , that others study went not beyond his nature ; and their designed and forelaid performances , went not beyond his sudden and ready accommodations : Only he was very open , and too free in discourse , disdaining to lye at a close guard , as confident of the length and strength of his weapon . Observations on the Life of Sir Isaac Wake . THis honourable person whom I look upon at Oxford , in the same capacity and fortune that Sir Robert Naun●on and Sir Francis Neth●rsole were in at Cambridge . He was born in Northampton-shire , ( his Father Arthur Wake being Parson of Billing , Master of the Hospital of St. Iohns in Northampton , and Canon of Christs-Church ) bred Fellow of M●rton-Colledge in Oxford , Protector and Orator of that University , whence he was admitted Secretary to Sir Dudly Carleton Secretary of State , and afterward advanced into the King's service , and by his Master and the Duke of Buckingham , employed Embassadour to Venice , where he negle●ted his own interest to attend his Majesties employment ; the reason that he dyed rich onely in the just conscience of his worth , and the repute of his merk . Coming from Venice , he was appointed Lieger of France , and designed Secretary of State , had not Death prevented him at Paris ; being accomplished with all qualifications requisite for publick Employment , Learning , Languages , Experience , Abilities , and what not ? King CHARLES hearing of his death , commanded his Corps to be decently brought from Paris into England , allowing the expences of his Funeral , and enjoyning his neerest Relations to attend the performance thereof . These accordingly met his body at Bulloign in France , and saw it solemnly conveyed into England , where it was interred in the Chappel of the Castle of Dover . His REX PLATONICUS , or his Lati●e account of King Iames his six dayes stay at Oxford , speaks his Learning ; and his Instructions for Travel , his experience . — He observing his Predecessors failings , retrenching his expences , satisfying himself with a repute of nobleness , while in his way to preferment ; and others with the expectation of his bounty . When preferred , he seemed liberal , that he might not be despised abroad ; but he was neer , that he might not be odious at home . His prodigality it may be might have satisfied the curiosity of a few Strangers , while he incurred the displeasure of all his friends . Besides , a close & wary man may be bountiful at his pleasure , but the munificent cannot be so easily sparing ; for if his occasions or fortunes check his profuseness , all his gallantry is in his first action of good husbandry . Caution in expences , if it be a vice , is one of those , saith the Italian , that never disinherited a man. Nay , of the two , saith Machiavel , It 's more discretion to hold the style of miserable , which begets an infamy without hatred , than to desire that of Liberal ; which being maintained by necessitous courses , procures an infamy with hatred . As never did Statesman a brave action that seemed illiberal , so never did he any such that was not so : — Yet four things our Knight spared no cost in : I. Intelligence ; He could afford ( he said ) a golden key for the Pope's Cabinet . 2. Books ; — his Study was his Estate . 3. In watching the Spaniards , saying , The Indies will pay for this . And 4. Entertaining knowing men often ; applauding the Emperour's maxim , That had rather go fifty miles to hear a wise man , than five to see a fair City . And this he was eminent for ; that he saw nothing remarkable in Foreign parts , that he applyed not to his own Countrey : Sir Henry Wotton being not more curious in picking up small Rarities to pleasure particular persons , than Sir Isaac Wake was industrious to observe any useful invention that might improve the publick good . Observations on the Life of the Lord Cottington . SIr Francis Co●tington being bred , when a youth , under Sir — Stafford , lived so long in Spain , till he made the garb and gravity of that Nation become his , and become him too . He raised himself by his natural strength , without any artificial advantage ; having his parts above his learning , his Experience above his Parts , his Industry above his Experience , and ( some will say ) his Success above all : So that at last he became Chancellor of the Exchequer , Baron of Hanworth in Middlesex , Constable of the Tower , 1640. and ( upon the resignation of Doctor Inxon ) Lord Treasurer of England , gaining also a very great Estate . Very reserved he was in his temper , and very slow in his proceedings ; sticking to some private Principles in both , and aiming at certain rules in all things : — a temper that indeared him as much to his Master , Prince Charls his person , as his integrity did to his service ; — Nor to his service only , but to that of the whole Nation ; in the Merchandize whereof he was well versed ; to the trade whereof he was very serviceable many ways : but eminently , in that he negotiated , that the Spanish Treasure which was used to be sent to Flanders by the way of Genoa , might be sent in English Bottoms , which exceedingly enriched England for the time ; and had it continued , had made her the greatest Bank and Mart for Gold and Silver of any Common-wealth in Europe . Indeed the advantage of his Education , the different Nations and Factions that he had to deal with , the direct opposition of Enemies , the treachery of Friends , the contracts of Statesmen , the variety and force of Experience from the distinct knowledge of the natures of the people of several Countreys , of their chief Ministers of State , with their Intrigues of government , made him so expert , that the Earl of Bristol and Sir Walter Aston could do nothing without him ; and he only could finish that Treaty , which they had for many years spun out . Men take several ways to the ends they propose themselves . Some , that of confidence ; others , that of respect and cau●ion , &c. when indeed the main business is , to suit our selves with our own times ; which this Lord did , and no man better , until looking into the depths of the late Faction , he declared at the Council-Table , 1639. that they aimed at the ruine of Church and State. And viewing the state of the Kingdom , he advised ; That Leagues might be made abroad ; and , that in this inevitable necessity , all ways to raise money should be used that were lawful . Wherefore he was one of those few excluded the Indempnity by the Faction , and had the honour to dye banished for the best Cause and Master , in those foreign Countries ; where he suffered as nobly for the Crown of England in his later dayes , as he had acted honourably for it in his former . When he never came off better than in satisfying the Spaniards about toleration , reducing the whole of that affair to these two Maximes ; 1. That Consciences were not to be forced , but to be won and reduced by the evidence of Truth , with the aid of Reason , and in the use of all good means of Instruction and perswasion . 2. That the causes of Consciences , wherein they exc●ed their bounds , and grow to matter of faction , lose their nature : and that Soveraign Princes ought distinctly to punish those foul practices , though overlaid with the fairer pre●ences of Conscience and Religion . One of his Maxims for Treaty I think remarkable , viz. That Kingdoms are more subject to fear than hope : And that it 's safer working upom them by a power that may awe the one , than by adva●tages that may excite the other . — Since it 's a●other rule , that States have no affections but interest ; and that all kindness and civility in those cases are but oversight and weakness . Another of his rules for Life I judge useful , viz. That since no man is absolute in all points , and since men are more naturally enclined out of envy to observe mens infirmities , than out of ingenuity to acknowledge their merit ; — He discovereth his abilities most , that least discovereth himself . To which I may add another , viz. That it is not onely our known duty , but our visible advantage , to ascribe our most eminent performances to providence , since it not only takes off the edge of envy , but improves the reason of admiration . None being less maliced , or more applauded than he , who is thought rather happy than able ; blessed , than active ; and fortunate , than cunning . Though yet all the caution of his life could not avoid the envy of ●is advancement from so mean a beginning to so great honours , — notwithstanding that it is no disparagement to any to give place to fresh Nobility , who ascend the same st●ps with those before them . New being only a term , saith one , only respecting us , not the world ; for what is , was before us , and will be when we are no more : And indeed ●his Personage considering the vanity and inconstancy of common applause or affronts , impr●ved the one , and checked the other , by a constant neglect of both● Observations on the Life of Sir Dudly Careleton . SIr Dudly Careleton was born in Oxford-shire , bred in Christs-Church in Oxford under Dr. King , and afterwards in relation of Secretary to Sir Ralph Winwood in the Low-Countreys , where he was very active , when King Iames resigned the cautionary Towns to the States . Here he added so great experience to his former Learning , that afterwards our King employed him for twenty years together Ambassador in Venice , Savoy , and the Vnited Provinces ; Anne Gerard his Lady ( Co-heir to George Gerard Esquire ) accompanying him in all his Travels , as is expressed in her Epitaph in Westminster-Abby . He was by K. Charls the first , to balance the Duke of Buckingham's enemies in the House of Peers , with the Lord Mandevil now Earl of Manchester , and the Lord Grandison , created Baron of Imbercourt in Surrey , and afterwards Viscount Dorchester , marrying for his second Wife the Daughter of Sir Henry Glenham , the Relict of Paul , Viscount Banning , who survived him . He succeeded the Lord Conway , ( when preferred President to the Council , in the Secretary-ship of State , being sworn at White-Hall , December 14. 1628. and dying without Issue , Anno Dom. 163 — Much ado he had to remove a State-jealousie that was upon him ; That he insisted on ●he restitution of some Towns in Cleves and Iuliers , to gratifie the Spaniards at that time in Treaty with us : more to remove a Church-jealousie , that in negotiating an accommodation in Religion , he designed the undermining of the Remonstrants then in so much power there : In which matter he was at a loss , whether his Majesty should interpose by Letter or Message : The former he said was most effectual , but the later less subject to misconstruction , considering Barnevel's interest in the State — But he had a Chaplain , one Mr. Hales , that kept this Controversie even on the one hand , while he balanced the State-interest on the other ; equally careful that the United Provinces should not be over-run by the Armies of Spain , and that they should not be swallowed up by the protecti●n of France . Watchful was his eye there over the West-India Company ; Diligent his carriage upon any accommodations from Spain ; which he apprehended always as a design to distract that people then in regard of their unsetledness , but too apt upon any dispute to fall into faction : Great his industry in reconciling Sir Horace Vere and Sir Edward Cecil for the honour of the English Nation , and the advancement of the common service : Sincere his services ●o the Prince Elector , and his Lady . Exa●t his rules of Traffique and Commerce , and dexterous his arts of keeping the States from new alliances , notwithstanding our likely Marriage-treaty with Spain , especially since the Prince of Orange bluntly ( after his manner ) asked , Qui at ' il vostre Marriage ? — And indeed he behaved himself in all Employments so well becoming a man that understood so many Languages , that was so well versed in Ancient and Modern History , that had composed so many choice pieces of Politicks , that was so well seen in the most practical Mathematicks ; and added to these a graceful and charming look , a gentle and a sweet elocution ; that notwithstanding his , and his Brother Bishop Carleton's rigidness in some points , kept him to his dying-day in great favour and most eminent service ; and failing in nothing but his French Embassy , because there he had to do with Women . Leaving behinde him this observation ; That new Common-wealth● are hardly drawn to a certain resolution ; as who knowing not how to determine , and remaining onely in suspence , take ordinarily that course rather which they are forced ●o , than what they might choose for themselves . — And this eminent service when he assisted the Earl of Holland in France , viz. That he pacified the high difference there , upon which the revolt of the Hugonots depended , and put a real resolution in K●ng Lewis to advance against the Valtoline and Spain by the advantage of the League with England : proceeding upon this Maxim with that King ; They that have respect to few things , are easily misled . I had almost forgot , how this Lord finding that want of Treasure at home , was the ground of our unsuccessful and despicableness abroad ; and that Principe senza quatrius e come un muro senza crole da tulls scompis●iato ; That a Prince without money is like a wall without a Cross , for every one to draw upon ; did mention the Excise in the Parliament-House , and in no ill meaning neither , and was violently cryed to the Bar : and though a person of that eminence , as being then a Privy-Councellor , and principal Secretary of State , he hardly escaped being committed to the Tower : — So odious was that Dutch-Devil ( as they called it ) in the excellent King Charles , which was raised by the beloved Parliament , with many more that were conjured up in three or four years , but not likely to be laid in three or fourscore . Living in those times when weak men imagined to themselves some unknown bliss from untried governments , and considering that alterations countervail not their own dangers , and as they bring little good to any , so they bring least of all to those that first promoted them ; This Lord refused to be the mouth of the Zealous multitude ( whose rage could neither be well opposed , nor joyned with ) whom a pardon or compliance might bring off , leaving their Demagogues to compound for their folly with their ruine ; choosing rather to be patient , than active , and appear weak , than be troublesom ; and once resolved upon an exact survey of circumstances for power against the faults of it on the one hand , and the affronts of it on the other , he gained the esteem of all parties by his fidelity to his own . I am much taken with his plain saying , which I find of late printed ; There will be mistakes in Divinity while men preach , and errors in Government while such govern : And more with his method of proceeding in his affairs , whereof he laid first an Idea in his own mind , and then improved it by debate ; the result whereof was usually so compleat , as shewed the vast difference between the shallow conceptions of one man , and the deep judgment of many● Observations on the Lives of Sir Richard , and Sir Jerome VVeston , Earls of Portland . SIr Richard Weston in his youth impaired his estate , to improve himself with publick accomplishment , but came off both a saver and a gainer at the last , when made Chancellor of the Exchequer , and● afterwards ( upon the remove of the Earl of Marlborough ) Iuly 15. in the fourth of King Charles , Lord Treasurer of England . His activity in Parliament made him considerable at Court , none fitter to serve a Prince than he who commands the humor of the people . Indeed where ever he was , he discovered himself able and faithful . 1. In his Forreign Employments , his judgement was searching , and reach admirable , he being the first that smelt out the intentions against the Palatinate ; which were then in brewing , and mashed with much art . In his Domestick charge , ●is Artifice was singular , both in a faithful improvem●nt of the Incomes , and a discreet moderation of the expences in his Masters Revenues . — In his Aspect , there was a mixture of authority and modesty ; in his apprehensions , quickness and solidity ; in his port and train , a suitable dignity and correspondence , with little noise and outward form : An enemy to Complements , yet very cour●eous : no flatterer , yet of great power : irreconcileable to frothy formality , yet maintaining a due regard to his person and place . A great Scholar he was , and yet a great Sta●es-man ; of various erudition , and as large observation . — He secured himself much by Alliances with the best Nobility , more by the love , and ( what is more ) the esteem of a constant King ; it being one of the wonders of that time , that my Lord of Canterbury and he , who were at so much distance from one another , should be so inward with their Soveraign , but that that excellent Prince measured not his affections to his Dependants so much by a particular interest , as by a publick serviceableness — The necessity of the Exchequer put him upon some ways of supply that displeased the rabble ; though his three particular cares , viz. The paying of the Navy , the satisfying of the City , and the Queen of Bohemia's supply ( three things he was very much intent upon while Treasurer ) obliged the wiser sort of men . I know nothing he was defective in , being careful ( to use his own words ) to perform all duties , with obedience to his Majesty , respect to the Duke , and justice to the particular parties concerned ; — But that he had so much of his Master's love , and so little of his patience , being grated ( as all Statesmen are that have to do with various interests and humours ) between a strong inclination of satisfying every man , and the impossibility of pleasing all : Considering the importunities of persons and affairs , a little impatience must needs fall upon your Lordship ( wri●es Sir Henry Wotton to him ) unless you had been cut out of a Rock of Diamonds , especially having been before so conversant with liberal Studies , and with the ●reedom of your own mind . In his time was the great Question agitated ; Whether a Prince should aim at the fear , or the love of his People ? — Although no Prince did more to oblige his People , than the Excellent King Charles the I. Yet was there no Prince ever more advised to awe them : For this Lord , and many more , who looked upon over-much indulgence as the greatest cruelty , considering that men love at their own pleasure , and to serve their own turn , and that their fear depends upon the Princes pleasure , were of opinion ; That every wise Prince ought to ground upon that which is of himself , and not upon that which is of another : government being set up in the world , rather to trust its own power , than stand upon others courtesie . Besides , two things the vulgar are taken with : 1. Appearance . 2. The event of things ; which , if successful , gains both their love and reverence . Neither was the Father more exact in his Maxims tha● the Son in his , of whose many infallible principles this was one ; That it was the safest way for the King's Majesty to proceed upon a Declaration , that the Faction at Westminster was no Parliament , upon his own and his most loyal Lords and Commons removal to Oxford . And this another ; That provided the Gentry and Clergy were well principled , and His Majesty that now is had a constant correspondence with the most eminent of them , it was our Interest to promote his Majesties grandeur abroad , and sit still at home , until the Faction might be so secure as ●o divide , — and his Majesties Interest became so conspicuous by the Principles that were kept up at home , and the State that was born abroad , as to command all . And really his little saying hath much in it : — He that will see what shall be , let him consider what hath been : For there are the same desires , humours , and interest in every age , that were before it : So that as Machiavel observeth , It is very easie for him , that with diligence ●xamineth past Occurrences , to serve himself of those remedies which were in use among the Ancien●s ; Or if they fail , to devise what is most like them . Observations on the Life of William Earl of Pembrook . HE was an ancient Gentleman of good repute , and therefore well esteemed ; a proper person , well set , and of graceful deportment , and therefore well beloved of King Iames and Queen Anne : His inclination was as generous as his extraction , and manners ancient as his Family . One of his Ancestors is renowned , for that he would cond●scend to deliver his Embassies in no Language but Welch ; and he is commended for that he would comply with no customs in his converse but the old English , — though his Contemporaries make that his defect rather than his ornament ; proceeding from his want of Travel , rather than his observance of Antiquity : He having had only ( saith the Historian ) the breeding of England , which gave him a conceited dislike of Forreign men , their manners and mode ; or of such English as professed much advantage thereby : so that the Scots and he were ever separate ; and therefore he was the only old Courtier that kept close to the Commonalty , and they to him , though never suspected by either of his Sovereigns ; not because he was not over-furnished with Abilities ( as that pen insinuates ) to be more than Loyal , but because he had too much integrity to be less . Being munificent and childless , the University of Oxford hoped to be his Ex●cutor , and Pembrook-Colledge his Heir . Pembrook-Colledge , I say , called so not only in respect to , but also in expectation from him , then Chancellor of the University : and probably had not cut noble Lord died suddenly soon after ( according as a Fortune-teller had informed him , whom he laughed at that very night he departed , being his Birth-night ) this Colledge might have received more than a bare name from him . He was ( saith one of his own time ) the very picture , and Vive Essigies of Nobility ; his person rather Majestick than Elegant ; his presence , whether quiet , or in motion , full of stately gravity ; his mind generous , and purely heroick ; often stout , but never disl●●al : so vehement an opponent of the Spaniard , as when that Match fell under consideration , he would sometimes rouze to the trepidation of King Iames , yet kept in favour still ; for that King knew plain dealing , as a Jewel in all men , so was in a Privy-Councellor an ornamental duty . An instance of his familiar converse with King Iames , was , that the King observing that he naturally hated a Frog , threw one into his neck ; and he in requital , caused a Pig ( of an equal disgust with the same Prince ) to be put under his Close-stool : where , though it produced no extraordinary ill effect for the present , yet after the prank had been descanted upon , and worst of Interpretations made by some ( the title of Iews being at that time bestowed on the Scots ) the King was much affected with it ; and the more , because it was done at Wilton the Earls own house . — Though Kings when free and sociable , break out to sprightful and facetious extravagancies with Courtiers , yet must they not presume , lest their words are interpreted , not by their meaning , but others jealousie : free spirits cannot be too circumspect . And the same true-heartedness commended him to King Charles , with whom he kept a most admirable correspondence , and yet stood the firm Confident of the Commonalty ; and that not by a sneaking cunning , but by an erect and generous prudence , such as rendred him as unsuspected of ambition on the one side , as of faction on the other ; being generally beloved and regarded . Observations on the Life of the Lord Conway . EDward Lord Conway succeeded to his Father's Martial skill and valour , who was under the Earl of Leicester , Governour of Ostend , and twisted therewith peaceable Policy in State-affairs , so that the Gown and the Sword met in him in most eminent proportion , and thereupon King Iames advanced him one of the principal Secretaries of State. For these his good services , he was by him created Lord Conway of Ragleigh in this County , and afterwards by King Charls Viscount Killultagh in the County of Antrim ; And lastly , in the third of King Charles , Viscount Conway of Conway in Carnarvenshire● England , Ireland , and Wales mutually embracing themselves in his Honours ; and not long after President of the Councel . Upon the bre●●● with Spain , King Iames and the Duke of Buckingham both judged it very convenient to have a Martial Secretary ; neither was there any man fitter ●or their turn than this Gentleman , who was as able to direct them in the Affairs of War abroad , as he was ready to be directed by them in those of Peace at home : Being one of those three remarkable Servants that King Iames used to jest upon , viz● a Lord Treasurer [ meaning the Earl of Suffol●● that could not cast Account , a Chaplain [ meanin● Doctor Preston ] that could not read * P●●●●●● and a Secretary [ meaning this Lord ] that 〈◊〉 not write his name . Sir Rich●rd Weston beat the Bush in the Affair of the Palatinate , but Sir Edward catched the Hare ; his rough humour being more suit●ble to that business : Or indeed it having been always more successful to be bold , than wary ; to be free for all occasions , than to be obstinate to some rule● . — Fortune ( saith Machiavel ) is a Mi●triss , that is● sooner won by those that ruffle and force her , than by others that proceed coldly . Indeed he was charged with treachery and cowardize in the action against the Scots , 1640. but he came off with his honest animosity , saying , If he migh● but fight their whole Army , he would settle Scotland in six months , or lose his head — being in that , of my Lord of Canterbury's opinion , who assured his Majesty they would not hold out four : a motion ! that if as easily entertained by that gracious King as it was effectually pursued by the bloody Usurpers , a sad experience hath taught us and them , would have prevented much mischief there , more here ; especially since it was that wise Prince his judicious observation , That they and their Confederates were a people lost by favour , and won by punishment . Observations on the Lives of the Digges . MAster Leonard Digges was one of excellent Learning and deep judgement . His ●i●d most inclined him to the Mathematicks , and he was the best Architect in that age for all manner of Buildings , for conveniency , pleasure , state , strength , being excellent at Fortifications . Lest his Learning should dye with him , for the publick profit , he printed his Tectonicon , Prognostick General , Stratiotick , about the ordering of an Army , and other Works . He flourished Anno Dom. 1556. and dyed I believe about the Reign of Queen Elizabeth , when as in most growing times Arts were drowned in action . Nothing else have I to observe of his name , save that hereditary Learning may seem to run in the vel●s of his Family ; witness Sir Dudly Digs of Chilham-Castle , made Master of the Rolls , in the year 1636. whose abilities will not be forgotten , whilest our age hath any remembrance . This Knight had a younger son , of a most excellent wit , and a great judgment , Fellow of All-Souls in Oxford , who in the beginning of our Civil Wars wrote so subtile & solid a Treatise of the difference between King and Parliament , that such Royalists who have since handled that Controversie , have written plura non plus ; yea aliter rather than alia of that Subject . The Son writes down those Rebellions that the Father countenanced : The Father , I say , who by a bold impeachment against his Majesties chief Minister of State , to his face , taught a discontented People to draw a bolder against his M●jesty himself : — Wherefore it was , that ( after his undutiful Prologue Against his Majesties Prerogative in favouring his Servants ; the Preface to more disloyal methods against his right , in governing his people ) he and Sir Iohn Elliot were whispered out of the Lords House , when they were hottest against the Duke , to speak with a Gentleman , and thence sent immediately by two Pursevants that attended , to the Tower ; where , and in the Country , this Gentleman lay under just displeasure , until it was thought fit to take off so dangerous a piece of boldness and eloquence upon the growing distempers of the age by favour and preferment , to a Neutrality at least , if not to the just measures of his duty . But our observation here is this ; That faction is one of those sins , whereof the Authors repent most commonly themselves , and their posterities are always ashamed . Observations on the Life of Sir Thomas Ridly , Dr. LL. THis Knight and Doctor was born at Ely in Cambridge-shire , bred first a Scholar at Eaton in Buckingham-shire , then Fellow of Kings-Colledge in Cambridge . He was a general Scholar in all kind of Learning , especially in that which we call Melior Literatura . He afterwards was Chancellor of Winchester , and Vicar-general to the Arch-Bishop of Canterbury . His memory will never dye , whilst his Book called The view of the Ecclesiastical Laws is living ; a book of so much merit , that the Common Lawyers ( notwithstanding the difference betwixt the professions ) will ingenuously allow a due commendation to his learned performance in that subject : Although it startled them to hear King Iames was so affected with it , insomuch that Sir Edward Coke undertook from thence to prophecy the decay of the Common-Law : though in that prophecy of his , others foresaw nothing but his fall . Never book came out more seasonably for the Church than this ; never Comment came out more suitably , than Mr. Gregories Notes upon it : H● writ well , and advised better : being good to give , better to manage Counsel ; which he never offered till called , and never urged longer than it pleased ; answering no question of consequence unless upon emergent occasion , without deliberation ; observing the design of people , that ask most commonly to try his sufficiency , as well as improve their own : However , being sure that time is likelier to increase than abate the weight of a result , discovering as well what may be returned suitably to the general temper , as what may be answered fitly to the particular instance . What alterations he designed for the Churches benefit , were not sodain , but leisurely . To force men out of one extreamity into another , is an attempt as dangerous , as it is invidious ; as awakening most opposition , and obnoxious to most hazard . Wise * Tacitus observeth , that men have reformed inveterate habits more by yielding to them , than engaging against them ; though a man must so yield as not to encourage , while he doth so countermine , as not to exasperate : Although he was always able , yet was he never willing to mend the Copy his Superiors had set him , unless owned as from former instruction , lest they grew jealous , he valued his own experience before theirs , who measure mens sufficiency from their caution , and not from their parts ; from what they can forbear , rather than from what they can do . To conclude , he was one of those able men that cannot be eminent , unless they be great : men of great merit , behave themselves so negligently in small affairs , as that you shall never understand their abilities , unless you advance their persons . Mens capacities & sufficiencies have certain bounds prescribed them ; within the limits of which they are able to acquit themselves with credit and applause : But if you advance them above , or depress them below their spheres , they shew nothing but debilities and miscarriages . Onely this he was always commended for ; That having the management of Affairs intrusted to him , he underwent all the miscarriages himself , ascribing all the honour and sufficiency to his Patron ; carrying his hand in all actions so , that his Master had the applause of whatever was either conceded or denyed in publick , without any other interruption from Mr. Ridly , than what became the bare instrument of his commands , however he ordered the matter in private . Observations on the Life of Sir Henry Martin . HE would merrily say , That if his Father had left him fourscore pounds a year , where he left him but forty , he would never have been a Scholar , but have lived on his Lands : whereas his Inheritance being a large encouragement , but a small maintenance , he made up in study what he wanted in Estate ; first at Winchester , and then at New-Colledge , where his inclination led him to Divinity , but Bishop Andrews his advice perswaded him to the Civil Law , wherein he attained that great proficiency he was eminent for , thus : — He had weekly transmitted to him from some Proctors at Lambeth , the brief heads of the most important Causes which were to be tryed in the High-Commission . Then with some of his familiar friends in that faculty , he privately pleaded those Causes ; acting in their Chamber what was done in the Court : But Mr. Martin making it his work , exceeded the rest in amplifying and aggrava●ing any fault , to move anger and indignation against the guilt thereof ; or else in extenuating or excusing it , to procure pity , obtain pardon , or at least prevail for a lighter punishment : — Whence no Cause came amiss to him in the High-Commission : For , saith my Author , he was not to make new Armour , but only to put it on , and buckle it ; not to invent , but apply arguments to his Clients . — As in decision of Controversies in his Courts , he had a moderate and middle way : so in managing of affairs in Parliament , he had a healing Method : Whence in most Debates with the Lords , where Mr. Noy's Law and Reason could not convince , Sir Henry Martin's * Expedients could accommodate . For which services , and his other meri●s , he was made Judge of the Prerogative-Court for probate of Wills , and of the Admiralty for Foreign Trade . Whence King IAMES would say merrily , He was a mighty Monarch by Sea and Land , over the Dead and the Living . Observations on the Life of Sir John Bramstone . SIr Iohn Bramstone , Knight , was born at Maldon in Essex , bred up in the Middle-Temple in the study of the Common-Law , wherein he attained to such eminency , that he was by King Charls made Lord Chief-Justice of the King 's Bench. One of deep Learning , solid Judgement , integrity of Life , gravity of behaviour , above the envy of his own age , and the scandal of posterity . One instance of his I must not forget , writes the Historian effectually , relating to the foundation wherein I was bred : Sergeant Bruerton by Will bequeathed to Sidney-Colledge well-nigh three thousand pounds , but ( for ha●te , or some other accident ) it was so imperfectly done , that ( as Dr. Sam. Ward informed me ) the gift was invalid in the rigour of the Law. Now Judge Bramstone , who married the Sergeants Widow , gave himself much trouble ( gave him●elf indeed , doing all things gratis ) for the speedy payment of the money to a farthing , and the legal setling thereof on the Colledge , according to the true intention of the dead . He deserved to live in better times . The delivering his judgement on the King's side in the case of Ship-money , cost him much trouble , and brought him much honour , as who understood the consequence of that Max●me , Salus populi suprema lex ; and that Ship-money was thought legal by the best Lawyers , voted down arbitrarily by the worst Parliament : they hearing no Counsel for it , though the King heard all men willingly against it . Yea , that Parliament thought themselves not secure from it , unless the King renounced his right to it by a new Act of his own . Men have a touch-stone to try Gold , and Gold is the touch-stone to try Men. Sir William Noy's gratuity shewed , that this Judges Inclination was as much above corruption as his Fortune ; and that he would not , as well as needed not , be base . Equally intent was he upon the Interest of the State and the Maximes of Law , as which mutually supported each other . — He would never have a Witness interrupted , or helped , but have the patience to hear a naked , though a tedious truth : the best Gold lyeth in the most Ore , and the clearest truth in the most simple discourse . When he put on his Robes , he put off Respects ; his private affections being swallowed up in the publick service . This was the Judge whom Popularity could never flatter to any thing unsafe , nor favour oblige to any thing unjust . Therefore he died in peace , 1645. when all others were engaged in a War , and shall have the reward of his integrity of the Judge of Judges at the great A●●ize of the world . Having lived as well as read Iustinian's maxime to the Praetor of Laconia ; All things which appertain to the well-government of a State , are ordered by the constitutions of Kings , that give life and vigo●r to the Law : Whereupon , who so would walk wisely , shall never fail , if he propose them both for the rule of his actions ; — For a King is the living Law of his Countrey . Nothing troubled him so much as ( shall I call it ? ) the shame , or the fear of the consequence of the unhappy contest between his Excellent Majesty and his meaner Subjects in the foresaid case of Ship-money ; no enemy being contemptible enough to be despised , since the most despicable command greater strength , wisdom , and interest than their own , to the designs of Malice or Mischief . — A great man m●naged a quarrel with Archee the King's Fool ; but by endeavouring to explode him the Court , rendred him at last so considerable , by calling the enemies of that person ( who were not a few ) to his rescue , as the fellow was not onely able to continue the dispute for divers years , but received such encouragement from standers by ( the instrument of whose malice he was ) as he oft broke out in such reproaches , as neither the dignity of that excellent person's calling , nor the greatness of his parts , could in reason or manners admit : — But that the wise man discerned , that all the fool did was but a symptom of the strong and inveterate distemper raised long since in the hearts of his Countreymen against the great mans Person and Function . Observations on the Life of Sir Augustine Nicols . SIr August . Nicols , son to Tho. Nicols , Sergeant at Law , was born at Ecton in Northampton-shire . Now though according to the rigour of our Fundamental Premises , he be not within our cognisance under this Ti●le , yet his merit will justifie us in presenting his Character . He was bred in the study of the Common Law , wherein he attained to such knowledge , that Qu. Eliz. made him , and K. Iames continued him his own Serjeant , whence he was freely preferred one of the Judges of the Common-Pleas . I say freely , King Iames commonly calling him the Judge that would give no money . Not to speak of his moral qualifications ; and subordinate abilities ; he was renowned for his special judiciary Endowments ; of very calm affections and moderate passions ; of a grave and affable deportment ; of a great patience to hear both Parties all they could say ; a happy memory ; a singular sag●city to search into the material circumstances ; Exemplary integrity , even to the rejection of Gratuities after Judgement given , and a charge to his Followers , that they came to their Places clear-handed , and that they should not meddle with any Motions to him , that he might be secured from all appearance of corruption . His forbearing to travel on the Lords day , wrought a Reformation on some of his own Order . Very pitiful and tender he was in case of life , yet very exact in case of blood . He loved plain and profitable Preaching , being wont to say , I know not what you call Preaching , but I like them that come neerest to my Conscience . The speech of Caesar is commonly known ; Oportet Imperatorem stantem mori ; which Bishop Iewel altered and applyed to himself , Decet Episcopum concionant●m mori : of this man it may be said , Iudex mortuus est jura dans ; dying in his Calling , as he went the Northern Circuit , and hath a fair Monument in Kendal-Church in Westmerland . This I observe of this good man ; that he was so good a man , that in the ruffling times he could be but a bad Magistrate , Cum vel ●xeunda ●it natura , vel minuenda dignitas : when he must either go out of his easie ●ature , or forego his just authority . Observations on the Life of Sir Nich. Hyde . SIr Nicholas Hyde was born at Warder in WilTshire , where his Father in right of his Wife had a long Lease of that Castle from the Family of the Arundels . His Father , I say , ( descended from an antient Family in Cheshire ) a fortunate Gentleman in all his children , ( and more in his Grand-children ) some of his under-boughs outgrowing the top-branch , and younger children ( among●t whom Sir Nicholas ) in wealth and honour exceeding the rest of his Family . H● was bred in the Middle-Temple , and was made Sergeant at Law the first of February , 1626. and on the eighth day following was sworn Lord Chief-Justice of the Kings-Bench , succeeding in that Office , next save one unto his Country-man Sir Iames Ley ( than alive , and preferred Lord Treasurer , born within two miles one of another ) and next of all under Sir Francis Crew lately displaced . Now , though he entred on his Place with some disadvantage ( Sir Randal being generally popular ) and though in those dayes , it was hard for the same Person to please Court and Countrey , yet he discharged his Office with laudable integrity , until 1631. Prudence obligeth Princes to refer the management of affairs to persons who have the reputation of extraordinary honesty , especially to the transacting of such things which notwithstanding their innate justice , may provoke any evil spirits . — The most part of mankind guessing only by their own senses and apprehensions , judge of the affairs by the persons who conduct them . Opinion guideth the world , and the reputation of him that negotiateth , sets a value and price upon his words and actions ; and the opi●ion which is conceived of him is so absolute an Umpire , that there is no appeal from his judgement — Opinion is the strongest thing in the world , Truth the next . Observations on the Life of Sir Walter Aston . HE was a Gentleman of so much diligence in the Spanish Negotiations , that there were no Orders , Cabals , Consultations in that intricate time , &c. he was not acquainted with : Of so much resolution , that there was not a dangerous Message in that great business he would not deliver : Of that excellent converse , that there was not that Minister of State in that jealous Court he was not familiar with . Very observant he was , by Don Iuan Taxardoes means , of the Spanish proceedings , and as well skilled with the Duke of Buckingham's direction in the English ; though yet he confessed himself almost lost in those Intrigues , had not the Duke stood between him and the Kings displeasure that suspected him , and the Prince his j●alousie that feared him . [ He had need have a steady head , that looks into such depths : ] But as he had an excellent faculty of excusing others miscarriages , so he had a peculiar way of salving his own ; being advantaged with a great foresight , a deep reservedness , and a ready spirit . Few understood better the Importance of the English Trade with Spain : None pursued more dilige●tly its priviledges and freedom : tracing most of the secret Co●nsels and resolutions so closely , that he was able with his industry and money to give an account of most proceedings . — In the management whereof he resigned himself to the Duke's disposal , professing to own no judgement or affection but what was guided by his direction . — His own words are these ; Vntil I know by your Graces favour by what compass to guide my course , I can only follow his Majesties revealed will : — And the Duke's answer this ; You desire me to give you my opinion ; My ancient acquaintance , long custom of loving you , with constancy of friendship , invites me to do you this office of good will. My Lord of Bristol shu●fled the Cards well , but Sir Walter Aston played them best . — The first set a design , but the second pursued it , — being happy in an humble and respectful carriage ; which opened the breast , and unlocked the hearts of all men to him . He that looked downward saw the Stars in the water : but he who looked only upward , could not see the waters in the Stars . Indeed there was in his countenance such a throne of sweetness , and his words had so powerful a charm , set off with so agreeable and taking gravity , that the respect due to him was not lost in the love he had deserved ; nor the love he attained to , abated by the respect he commanded ; being one that had & gave infinite satisfaction in the Negotiations he engaged in : Wherein among other things , he would urge how unpolitick , and unsuccessful it is for the Spaniard to meditate a conquest of Europe , where all his Neighbours oppose him , rather than Asia , where they would all joyn with him out of Interest and Conscience , both to secure him from France , and carry him towards Turkey , at whose doors his friend the Emperour was ready to attaque them upon any Mutiny or Rebellion then frequent among them , whose strength ( saith Machiav●l ) lyeth more in Tradition than in any real Truth : — Considering the cont●ary complexions of the people in point of In●erest and Religion , that can admit of no considerable coalition upon the approach of a Foreign impression . Observations on the Life of Sir Julius Caesar. SIr Iulius Caesar's Father being Physitian to Qu. Elizabeth , and descended of the ancient Family of the Dalmarii in Italy , then living at Tottenham neer London ; This his Son was bred in Oxford ; and after other intermediate preferments , was advanced Chancellor of the Dutchy of Lancast●r , and sworn a Privy-Councellor on Sunday the sixth of Iuly , 1607. and afterwards was preferred Master of the Rolls . A Person of prodigious boun●y to all of worth or want , so that he might seem to be Almoner-general of the Nation . The story is well known , of a Gentleman who once borrowing his Coach ( which was as well known to poor people as any Hospital in England ) was so rendevouz'd about with Beggars in London , that it cost him all the money in his purse to satisfie their importunity , so that he might have hired twenty Coaches on the same terms . Sir Francis Bacon Lord Ver●lam was judicious in his Election , when perceiving his Dissolution to approach , he made his last Bed in effect in the house of Sir Iulius . He continued more than twenty years Mr. of the Rolls ; and though heaved at by some Expectants , sate still in his Place , well poysed therein , with his gravity and integrity . Vir tantarum El●●mosynarum non movebitur ; a man of so great Alms and Prayers ( made by him and for him ) s●all not be removed . Nor was it without a prosperous Omen , that his chief House in Hartfordshire was called Benington , that is , Villa benigna , the bountiful Village , as one Author will have it ; or as another , Villa beneficii , the Town of good turns , from the River so named running by it . His Arms were these , viz. Gules , three Roses Argent on a Chief of the first , so many Roses of the second , embleming the fragrancy of the Memory he hath left behind him . His Monument in great St. Hellens , London , being out of the road of ordinary Fancies , was thus designed by himself in form of a Deed in ruffled Parchment , in allusion to his Office as Master of the Rolls . OMnibus Christi fidelibus ad quos hoc praesens Scriptum pervenerit ; Sciatis me Iulium Dalmare alias Caesarem Militem , utriusque legis Doctorem ; Elizabethae Reginae Supremae Curiae Admiralitatis judicem , & unum é Magistris libellorum ; Jacobo Regi à Privatis Conciliis , Cancellarium Scaccarii , Scriniorum Magistrum , hac prae senti Charta mea Confirmasse me Anuuente Divino N●mine naturae debitum libenter solviturum quam primum Deo placuerit . In cujus rei memoriam , Manum meam , & Sigillum apposui . Datum 27 Februarii , 1635. Iulius Caesar. Here his Seal or Coat of Arms is affixed , and beneath them is written Irrotulatur Caelo . He dyed the twenty eighth day of April , Anno Domini , 1636. in the seventy ninth year of his Age. They say of Witches , that they are unable to hurt till they have received an Alm● . It 's certain , none ever undermined this Gentleman's insufficiency , but such as were advanced by his civility ; a civility that secured him , as well as it impowered them , making his Grants to all persons double kindnesses by Expedition , and cloathing his very Denials in such robes of Courtship , as that it was not obviously discernable whether the Request or Denyal were most decent ; having this peculiar to himself , That he was very cautious of Promises , lest falling to an Incapacity of performance , he might forfeit his Reputation , and multiply his certain Enemies , by his design of creating uncertain Friends . Besides , he observed a sure principle of rising , viz. That great persons esteem better of such they have done great Courtesies to , than those they have received great Civilities from ; looking upon this as their disparagement , th● other as their glory . Observations on the Lives of Sir Henry , Sir Lucius , Sir Henry Cary , Lords Viseounts Faulkland . A Race of accomplished men , the ornaments and supports of their Countrey , which they served with no lesse faithfulness and prudence in their Negotiations abroad , than honour and justice in their Places at home : Of such a Stock of reputation , as might kindle a generous emulation in Strangers , and a noble ambition in tho●e of their own Family . Henry Cary Vi●count Falkland in Scotland , son to Sir Edward Cary , was born at Aldnam in Her●fordshire ; being a most acplished Gentleman , and a compleat Courtier . By King Iames he was appointed Lord Deputy of Ireland , and well discharged his Trust therein : But an unruly Colt will fu●● and chafe ( though neither switch nor spur ) meerly because back'd . The Rebellious Irish will complain , only because kept in subjection , though with never so much lenity ; the occasion why some hard speeches were passed on his Government . Some beginning to counterfeit his hand , he used to incorporate the year of his age in a knot flourished beneath his name , concealing the day of his birth to himself . Thus by comparing the date of the month , with his own Birth-day ( unknown to such Forgers ) he not only discovered many false Writings which were past , but also deterred dishonest Chearers from attempting the like for the future . He made good use of Bishop Usher's Interest while he was there , as appears by the excellent Speech that the Bishop made for the King's supply . Being recalled into England , he lived honourably in the County aforesaid , until by a sad casualty he broke his Leg on a Stand in Theobald's Park , and soon after dyed thereof . He married the sole Daughter and Heir of Sir Lawrence Tanfield , Chief Baron of the Exchequer , by whom he had a fair Estate in Oxfordshire . His death happened Anno Dom. 1620. being Father to the most accomplish-Statesman . 2. Lucius Lord Falkland , the wildness of whose youth was an argument of the quickness of his riper years : He that hath a spirit to be unruly before the use of his reason , hath mettle to be active afterwards . Quick-silver if fixed , is incomparable ; besides that the adventures , contrivances , secrets , confidence , trust , compliance with opportunity , and the other sallies of young Gallants , prepare them more serious undertakings — as they did this noble Lord ; great in his Gown , greater in his Buffe ; able with his Sword , abler with his Pen : a knowing Statesman , a learned Scholar , and a stout man : One instance of that excess in learning and other great perfections , which portended ruine to this Nation in their opinion , who write , that all Extreams , whether of Vertue or Vice , are ominous , especially that unquiet thing call'd Learning , whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth its own period , and that of the Empire it flourisheth in ; a too universally dilated Learning , being not faithful to the settlements either of Policy or Religion ; it being no less ready to discover blemishes in the one , than Incongruities in the other : Sophisters ( saith my smart Author ) like the Countrey of the Switz , being as able upon the least advantage proposed , to engage on the wrong side as on the right . As to go no further , this excellent Personage being among the Demagogues that had been for twelve years silenced , and were now to play the prize in Parliament , and shew their little twit-twat , but tedious faculties of speaking , makes the bitterest Invective against the Governours and government of the Church , that ever was penned in English ● which though designed by him , it 's thought , only to allay the fury of the Faction , by some compliance with it , carried things beyond the moderation and decency of that Assembly , which he made too hot for himself , retyring in cooler thoughts , as many more ( that like Brutus could not lay the storm● they had raised ) to Oxford , where his Pen was more honourably imployed in de●ecting the fundamental Error of Rome their infallibility , and countermining the main props of Westminster their Hypocrisie ; this as Secretary , the other as a Student — in both laying open the little pre●ensions , whereby poor people were insnared in their Civil and Religious Liberty . — Much was the gall always in his Ink , and very sharp his Pen ; but even , flowing , and full his Style , such as became him , whose Learning was not an unsetled mass of reading that whirled up and down in his head , but fixed Observations , that tempered with solid prudence and experience , were the steady Maxims of his Soul fitted for all times and occasions ; he having sate ( as some Noble-mens sons used to do formerly in the House of Lords ) behind the Chair of State from his very child-hood , and owning a large heart capable of making that universal inspection into things that much becomes a Gentleman , being a Master in any thing he discoursed of . — Insomuch that his general knowledge husbanded by his wit , and set off by his Meine and Carriage , attracted many to come as far to see him , as he professed he would go to see Mr. Daillee — which rendred him no less necessary than admirable at Court , until his Curiosity engaging him at Newbery , he was strangely slain there , dying as he lived till then , between his Friends and Enemies , to the King 's great grief , who valued him , because he understood his parts and services in the Treaty at Oxford , where he was eminent for two things ; the timing of Propositions , and concealing of Inclinations ; though no man so passionate for his dedesign , as never enduring that hope that holds resolution so long in suspence , but ever allaying it with that fear that most commonly adviseth the best by supposing the worst — His usual saying was , I pity unlearned Gentlemen in a rainy day . 3. He was Father first to Henry Lord Falkland , whose quick and extraordinary parts and notable spirit performed much , and promised more , having a great command in the Countrey where he was Lord-Lieutenant , a general respect in the house where he was Member , a great esteem at Court ( with his Majesty and his Royal Highness the Duke of York ) where he was both wit , and wisdom — When there was the first opportunity offered to honest men to act , he laid hold of it , and got in spight of all opposition , to a thing called a Parliament : By same token , that when some urged he had not sowed his wilde Oats , he is said to reply ; If I have not , I may sow them in the House , where there are Geese enough to pick them up . And when Sir F. N. should tell him he was a little too wilde for so grave a service , he is reported to reply ; Alas ! I am wilde , and my Father was so before me , and I am no Bastard , — as &c. In which Contention he out-did the most active Demagogues at their own weapon , speaking . When Major Huntington and his followers were for the long Parliament , Sir F. N. L. S. &c. were for the secluded Members , My Lord carried all the County for an absolute free Parliament : which he lived to see , and act in so successfully , that he was voted generally higher in trusts and services , had he not been cut off in the prime of his years ; as much missed when dead , as beloved when living — A great instance of what a strict Education ( for no man was harder bred ) a general Converse , and a noble Temper can arrive to ; and what an Orator can do in a Democracy , where the Affections of many is to be wrought upon , rather than the judgment of few to be convinced . A golden tongue falling under a subtle head under such a constitution , hath great influence upon the whole Nation . Observations on the Life of Sir James Ley , Earl of Marlborough . SIr Iames Ley , son of Henry Ley Esquire ( one of great Ancestry , who , saith my Author , on his own cost , with his men , valiantly served King Henry the Eighth , at the siege of Boloin ) being his Fathers sixth son , ( and so in probability barred of his inheritance ) endeavoured to make himself an Heir by his Education , applying his Book in Braze●-Nose-Colledge , and afterwards studying the Laws of the Land in Lincolus-Inne , wherein such his proficiency , King Iames made him Lord Chief-Justice in Ireland . Here he practised the charge King Iames gave him at his going over , ( yea , what his own tender Conscience gave himself ) namely , not to build his Estate upon the ruines of a miserable Nation , but aiming by the unpartial execution of Justice , not to enrich himself , but civilize the People . But the wise King would no longer loose him out of his own Land , and therefore recalled him home about the time when his Fathers Inheritance , by the death of his five elder brethren descended upon him . It was not long before Offices and Honours flowed in fast upon him , being made by King Iames 1. Attorney of the Court of Wards . 2. Chief-Justice of the Upper Bench , the 18 of his Reign Ian. 29. 3. Lord Treasurer of England in the 22 of his Reign , Dec. 22. 4. Baron Ley of Ley in Devonshire , the last of the same month . King Charls 1. Earl of Marlborough in Wiltshire , immediately after the King's Coronation . 2. Lord President of the Council , in which place he died● , Anno Dom. 1629. He was a person of great Gravity , Ability , and Integrity : And as the Caspian Sea is observed neither to ebbe nor flow , so his mind did not rise or fall , but continued the same constancy in all conditions ; a good temper enough for a Judge , but not for a Statesman , and fo● any Statesman , but a Lord Treasurer ; and for any Lord Treasurer but in King CHARLES his active time , who was put to it to find out such stirring men as might recover him from the hazard and defection he was fallen into in Purse and Power . Observations on the Life of Sir John Cook. SIr Iohn Cook , younger Brother to Sir Francis Cook , born at Trusley ( in the Hundred of Apple-tree ) in Derby●shire , of ancient and worshipful Parentage , and allied to the best Family in that Countrey ; was bred Fellow of Trinity-Colledge in Cambridge , where his wit being designed his Estate , he was chosen Rhetorick-Lecturer in the University , where he grew eminent for his ingenious and critical reading in that School , where Rhetorick seemed to be not so much an Art , as his Nature ; being not only the subject , but the very frame of his Discourse . Then travelled he beyond the Seas ●or some years ( when his judgment was fitted for foreign Observations by domestick experience ) in the company . of a Person of quality , ● returning thence rich in Languages , Remarks , and Experience , waving all the dangers incident to him for his Religion , by a wary Profes●ion , that he came to learn , and not to search ; being first related to Sir Fulke Grevil , Lord Brook , who did ●ll mens business but his own ; ●he was thence● preferred to be Secretary to the Navy , their Master of the Requests ; ●●od at last Secretary of State● for twenty years together . Being a very zealous Protestant , he did all good offices for the advancement of true Religion : His Contemporaries character him a grave and a prudent man in ga●e● apparel , and speech ; one that h●d his Intellect●●●s very perfect in the dispatch of business till he was eighty years old ; when foreseeing those Intrigues that might be too hard for his years , he with his Majesties good leave retired as Moses did , ●o ●ie when his eyes were not dim , &c. having kept himself strictly to the Law of the Land : Insomuch , that being sent to command Bi●hop Williams from Westminster● ; and being asked by the stout Bishop , by what authority he commanded a man out of his house and his free-hold , he was so tender of the point , that he never rested till he had his pardon for it . Mu●i●●●●●o he had to keep the King's favour for his compliance with the Faction , witness his third submission ; and as much ado to retain ●he Factions good opinion for his service to the King , w●tness his several Apologies in Parliament to this purpose ; That it was a hard thing , that they who should have thanks for the good offices they did the People with the KING , had now nothing but censures for the same offices they did the King with his people — Never was any man more put to it to reconcil● the two readings of that Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — which he could never have done , but that his old rule safe-guarded him , viz. That no man should let what is unjustifiable or dangerous appear under his hand , to give Envy a steady aim at his place or person ; nor mingle Interests with great men made desperate by debts or Court-injuries , whose falls hath been ruinous to their wisest followers ; nor pry any further into secrecy , than rather to secure , than shew himself ; nor impart that to a friend , that may impower him to be an enemy . Besides that his years excused in him that caution some ob●tinate men want that are broken with viciss●udes , because they consider not that the forwardest in turmoyls are least regarded when things return to a calm . He served the time out of Christian discretion , in finding out the seasons of things commendably . He complyed out of some infirmity in particular accommoda●ions pardonably ; but neither of ignorance or design , i● pursuance of his own , or any other mans plot unfaithfully . Indeed he must have wrenched and sprained his grave soul with the short turning● in those dayes , if it had been t●ue , that he should shuffle a Scots Paper ( instead of the genuine Articles of Pacificat●on at York ) which the Earls of Holland , Pembrook , &c. disavowed to the Northern Commissioners faces ( my Lord of Pembrook saying , That indeed as he took Horse , and his Friends being busie about him , such a Paper was put into his hand , but he opened it not untill he came to his Majesty ) and his Majesty burned in the face of both Kingdoms ; whereby they say he was dismissed , which I am not willing to believe , only I find him hereafter bring Propositions from the Parliament ( as they called it ) to the King , as actively as formerly he had carried Messages from the King to the Parliament : — Indeed he had an happy mixture of Dis●retion and Charity , whereby he could allow to things & persons more than men of streighter apprehensions , or narrower affections were able to do . Indeed , though as I told you otherwise wary , he broke an Affair to a Partizan that kept him under all his days : & he that entertains a dangerous design , puts his head into an halter , and the halter into his hand to whom he first imparts it . — Sir Francis Win●ebank and he fell into extreams ; which balanced , might have fupported the Government , if they had directed their particular inclinations and indulgences by the measures of the general interest and temper . Observations on the Life of the Earl of Danby . ALl that I find of this plain Noble-ma● , is w●itten on his Tomb-stone at Dantsey in Wil●shire . Here lyeth the Body of Henry Danvers , second son to Sir Iohn Danvers Knight , and Dame E●izabeth , Daughter and Co-Heir to Nevil Lord Latim●● . He was born at Dantsey in the County of Wilts , Anno Dom. 1573. being bred up partly in the Low-Countrey Wats , under Maurice E●rl of Nassaw , afterwards Prince of Orange , and in many other Military actions of those ●imes , both by Sea , and by Land. He was made a Captain in the Military Wars of France , and there Knighted for his good service under Henry the fourth the then French King. He was employed as Lieutenant of the Horse , and Serjeant-Major of his whole Army in Ireland , under Robert Earl of Essex , and Charles Baron of Mountjoy , in the Reign of Q●een Eliz. By King Iames the first● he was made Baron of Dantsey , and Peer of this Realm ; as also Lord President of Munster , and Governour of Guernsey . By King Charles the first , he was created Earl of Danby , made one of his Privy-Councel , and Knight of the most Noble Order of the Garter . In his later time , by reason o● imp●●fect health , ●o●siderately declining more ●●ive Employments , full of honours , wounds , and days , he died Anno Domini 1643. LAVS DEO . For many years before , St. George had not been more magnificently mounted ( I mean the solemnity of his Feast more sumptuously observed ) than when this Earl , with the Earl of Morton , were installed Knights of the Garter . One might have there beheld the abridgment of England and Scotland in their Attendance . The Scotish Earl ( like Xeuxes his picture ) adorned with all Art and costliness , whilst our English Earl ( like the plain sheet of Apelles ) by the gravity of his Habit , got the advantage of the gallantry of his Cortival with judicious beholders . He died without Issue in the beginning of our Civil Wars , and by his Will made 1639. se●led his large Estate on his hopeful Nephew Henry D' Anvers , snatch'd away ( be●ore fully of age , to the great grief of all good men . Observations on the Life of Sir George Crook . SIr George Crook , son of Sir Iohn Crook , and Elizabeth Unton his Wife , was born at Chilton in Buckingham-shire , in the second year of the Reign of Queen Elizabeth ; bred first in Oxford , then a double Reader in the Inner Temple , Sergeant at Law , and the King's Sergeant ; Justice first of the Common Bench , 22. Iac. and then of the Upper Bench , 4 Caroli . His ability in his Profession is sufficiently attested by his own printed Reports ; Eight eminent Judges of the Law out of their knowledge of his great Wisdom , Learning , and Integrity , approving and allowing them to be published for the common benefit . His only defect was , that he was against the ancient Naval-aid called Ship-money , both publickly in Westminster-Hall , and privately in his judgement demanded by the King , even at that time when our Neighbours not only incroached upon our Trade , but disputed our right in the Narrow-seas , though concluded to subscribe ( according to the course of the Court ) by plurality of Voices . The Country-mans wit ( levelled to his brain ) will not for many years be forgotten ; That Ship-money may be gotten by Hook , and not by Crook ; though since they have paid Taxes ( Loyns to the little finger , and Scorpions to the rod of Ship-money ) but whether by Hook or Crook , let others enquire : Hampden's share for which he went to Law , being but eighteen shillings , though it cost the Nation since eighteen millions . Considering his declining and decaying age , and desiring to examine his life , and prepare an account to the supream Judge , he petitioned King Charl●s for a Writ of E●se ; which though in some sort denyed , ( what wise Master would willingly part with a good Servant ? ) was in effect granted unto him . For the good King ( exacting from his Subjects no services beyond their years and abilities ; and taking it better at his hands , that he confessed his infirmities , than if he had concealed them ) discharged him for the pains , though he allowed him the fees and honour of Chief-Justice while he lived . — Wherefore in gratitude as well as conscience , however he was misled in ●he foresaid matter of Syhip money , he abhor●ed the Faction heartily ; for he would say of Hampden , He is a dangerous person , take heed of him . — and loved the Church as heartily ; for we are told by a person of great worth and credit , Th●t having read over the Book of Canons 1640 when it first came out , and was so much spoken against , he lifted up his hands , and gave hearty thanks to Almighty God , that he had lived to see s●ch good effects of a Convocation . In a word , he was no less in his Life , than he is in his Epitaph now dead , which runs thus ; Georgius Crook Eques Auratus , unus justiciariorum de Banco Regis , Iudicio Linceato , & animo presenti insignis , v●ritatis haeres , quem nec mina nec bonos allexit : Regis au horitatem & populi libertatem aequâ lance Libravit ; Religione cordatus , vitâ innocuus , manu expans● , Corde humili pauperes irrogavit : mundum vicit & deseruit , Anno AErat . Lxxxii , Annoque R. C. I. xvii . Anno Domini MDCXLI . Observations on the Life of Sir Rob. Armstroder . HE was a great Soldier , a skilful Antiquary , and a good Fellow : In the first capacity I finde him bringing off five hundred English for three miles together without the loss of a man , from six thousand Spaniards , along a plain Champion , where the Enemy might have surrounded them at pleasure . — Well he could handle bright armour in the Field , better he understood that more rusty in the Tower ; therefore in his second capacity we have him picking up old Coyn , valuing more a Dollar which he might study , than a pound he might spend : Yet though his mind was taken with the Curiosities of former Times , his inclination was very compliant with the mode of his own ; for he was excellent company , in which capacity none more prevalent than he in Germany , where they talk much ; none more acceptable in Denmark , where they drink hard ; none more taking in Sweden , where they droll smartly . His humble prop●sition and submission in behalf of the Elector , was accepted by the Emperour , 1630. He went to Denmark ; and the first night he arrived he pleased the King so well in drinking healths , that his Majesty ordered that his business should be dispatch'd that very night , and he shipped when asleep , as he was to his own amazement when awaked , and the amazement of all England when returned ; he being here before some thought he had been there . — Humour is the Misterss of the world . Neither was he more inten● upon the pleasing o● Foreign Princes , than careful in the honour of his own , especially in his faith , word , and impregnable honesty ; for he knew a faithless Prince is beloved of none ; but suspected by his friends , not trusted of his enemies , — and forsaken of all men in his grea●est necessities . Yet he was not so taken with antique Medals abroad , but he promoted a new invention at home : for to him & Sir H. Wotton we owe it , that F. Klein the German , a very eminent Artist in working Tapestry , came over to serve K. Charls the first , a Virtuoso , judicious in all Liberal mechanical Arts , and for 100 pounds per ann . pension , so improved that Manufacture , at this time very compleat at Mortlack , in a house built by Sir Franci● Crane upon King Iames his motion , who gave two thousand pounds towards it in that place . — General Tilly would say before Gustavus Adolphus came into Germany , that he was happy for three things ; That he heard Mass , daily ; that he had never touched a woman ; and that he had never lost a battel . — What ever Sir Robert could say to the first , he was very prosperous for the last ; that he never failed of success either in fighting or treating ; in the Field , or in the Chamber . Observations on the Life of Philip Earl of Arundel . HAd his Faith been as Orthodox as his Fathers Faithfulness was eminent , K. Iames his gratitude , and his Uncle Northampton's policy had raised him as high as his Father hath been , and his son is . But since his opinion made him a Separatist from the Church , and his temper a recluse from the Court , we have him in a place of Honour only as Earl Marshal , while we finde his Brother in a place of Profit , as Lord Treasurer — though both in a place of Trust as Privy-Counsellors , — where this Earl approved himself a confutation of his a Uncles maxim ; That a through-paced Papist could not be a true-hearted Subject ; being as good an English-man in his heart , as he was a Catholick in his conscience ; only the greatness of his spirit would not suffer any affronts in b Parliament ; whence he endured some discountenance from the Court , insomuch that the House of Lords finding him a Prisoner , when they sate 1626. would not act until after several of their Petitions he was released ; when , his temper yielding with years , he was very complying , only he presumed to marry his Son to an Heiress the King had disposed of elsewhere ; which yet he laid upon the women that made the M●●ch . Indeed the politick Observator saith ; That women of all creatures are the most dextrous in contriving their designs , their natural sprightfulness of imagination , attended with their leisure , furnishing them with a thousand Expedients , and proposing all kinds of Overtures with such probability of happy success , that they easily desire , and as eagerly pursue their design . When he was sometimes barred the service of h●s own time , he studied those before him , being a fond Patron of Antiquaries and Antiquity , of whose old pieces he was the greatest Hoarder in Europ● , setting aside Ferdinand● de Medicis , grand Duke of T●sca●y , from whom by the mediation of Sir Henry Wotton , he borrowed many an Antique Sculpture , which furnished his Archives so well , ( as we may guess by Mr. Selden's Marmora Arundeliana ) that as my Lord Burleigh's Library was the most compleat one for a Politician , my Lord Bacon's for a Philosopher , Mr. Selden's for an Historian , Bishop Usher's for a Divine , my Lord of Northampton's for a Poet , Mr. Oughtred's for a Mathematician , Dr. Hammond's for a Grammarian , or an universal Critick ; so the Earl of Arundel's was the best for an Herald and an Antiquary , a * Library not for shew , but use . Neither was he more in his study , where h● bestowed his melancholy hours , than in Councel , where he advised three things in reference to the Foreign troubles : 1. Correspondence abroad . 2 , Frequent Parliaments . 3. Oftner progresses into the Countries . Neither was he less in the Field than in Council , when General against the Sco●s ( the more shame ! ) th●t Protestants should at a time rebel against their King , when Papists ventured their lives for him : After which Expedition he was ordered beyond Sea with the Queen●Mother of France , 1639. when they say he looked back on England with this wish , May it never have need of me . It 's true , some observe , that the Scots who cried upon him as a Papist , yet writ under-hand to him their Noble Lord , as they did to Essex and Holland so effectually , that they had no heart to that War afterward ; — and it is as true , that thereupon a schedule was now the second time given of the parties that combined against the Government , viz. 1. The busie medlers that had got the plausible trick of Haranguing since King Iames's time , not used in Parliament from H. 6. time to his . 2. The covetous Landlords , Inclosers , Justices of th● Peace that ruled in the Country , and would do so in Parliament . 3. Needy men in debt , that durst not shew their heads in time of Peace . 4. Puritans , that were so troublesom against Hatton , &c. in Queen Eliz. dayes ; and under pretence of Religion , overthrew all Government . 5. Such Male-contents as either lost the preferment they had , or had not what they were ambitious of , with their Kindred and Dependants . 6. Lawyers , that second any attempt upon the Prerogative , with their Cases , Records , and Antiquities . 7. London Merchants , that had been discovered by Cranfield and Ingram , as to their cheats put upon the King in his Customs and Plantations . 8. Common-wealths-men , that had learned from Holland in Queen Eliz. days to pray for the Queen and the State. And 9. ( Because there cannot be a Treason without a P — ) such Recusants as were Hispanioliz'd , whereof this Earl was none : but though as a Church-Papist he had most of the Catholick Peers votes devolved on him ; he never bestowed them undutifully , albeit sometimes stoutly and resolutely . A great friend he was to all new Inventions , save those that tended to do that by few hands , which had been usually done by many ; because , said he , While private men busie their heads to take off the Poors employment , the publick Magistrate must trouble his to find them maintenance . Either be or the Earl of Northampton used to say ( when asked what made a compleat man ? ) To know how to cast Accompts : an accomplishment though ordinary , yet might save many an Estate in England . Observations on the Life of Esme Duke of Richmond . GReat in his Ancestors honour , greater in his own vertue , and greatest of all , in that ●ike the Star he wore , the higher he was , the ●ess he desired to seem , affecting rather the worth , than the pomp of nobleness ; — therefore his courtesie was his nature , not his craft ; and his affableness not a base & servile popularity , or an am●itious insi●uation ; but the native gentleness of his disposition , and his true value of himself : He was not ● stranger to any thing worth knowing , but best acquainted wi●h himself , and in himself , rather with ●is weaknesses for Caution , than his abilities for A●tion . Hence he is not so forward in the traverses of War , as in Treaties of Peace , where his honour ●nnobled his cause , and his moderation advanced ●t : He and my Lord of Southampton managing the ●everal Overtures of Peace at London , Oxford , and ●xbridge with such honourable freedom and pru●ence , that they were not more deservedly regard●d by their Friends , than importunately courted ●y their Enemies ; who seeing they were such , could ●ot be patient till they were theirs , though in ●ain , their honours being impregnable as well against the Factions kindness as against their power . At Conferences his conjectures were as solid as o●hers judgements ; his strict observation of what was passed , furnishing him for an happy guess of what was to come : Yet his opinion was neither v●riably unconstant , nor obstinately immoveable● but framed to present occasions , wherein his m●thod was to begin a second advice from the failu●● of his first — though he hated doubtful suspence● when he might be resolute . This one great defec● was his good nature , that he could never distrust til● it was dangerous to suspect ; and he gave his Enem● so much advantage , that he durst but own him fo● his friend . — One thing he repented of , that he advised his Majesty to trust Duke Hamilton his Adversary with the affairs of Scotland , in complianc● with the general opinion , rather than the Marques● Huntly his friend in compliance with his own rea● interest ; an advice wherein his publick-spiritednes● superseded his particular concerns , and his goo● nature his prudence : — So true is it , that the honest mans single uprightness works in him that confidence , which oft-times wrongs him , and giv●● advantage to the subtle , while he rather pities ●h●i● faithlessness , than repents of his credulity : so grea● advantage have they that look only what they ma● do , over them that consider what they should do● and they that observe only what is expedient , ove● them that judge only what is lawful . — Therefore when those that thought themselves wise , le●● their sinking Soveraign , he stuck to his Perso● while he lived , to his body when dead , and to hi● cause as long as he lived himself : — attending th● first resolutely , burying the second honourably● and managing the third discreetly ; undertaking without rashness , and performing without fear● never seeking dangers , never avoiding them . Although when his Friends were conquered by th● Rebels , he was conquered by himself , retiring to that privacy , where he was g●essed at , not known ; where he saw the world unseen ; where he made yielding a conquest ; where cheerful & unconcerned in expectation , he provided for the worst , and hoped the best , in the constant exercise of that Religion , w ch he & his maintained more effectually with their Examples , than with their Swords ; doing as much good in encouraging the Orthodox by his presence , as in relieving them by his bounty . — In a word , I may say of him , as Macariu● doth of Iustine ; There was no Vice but he thought below him ; and no Vertue which he esteemed not either his duty or ornamen● . Neither was his prudence narrower than his vertue , nor his vertue streighter than his fortune . His main service was his inspection into the Intrigues and Reserves of the Parliamentiers at Vxbridge , and his cajoling of the Independants and Scots at London , where the issue of his Observations was ; That the King should as far as his conscience could allow , comply with the unreasonable desires of an illimited ambition , to make i● sensible of the evils that would flow from its own Counsels : being confident , as events have assured us , that the people would see the inconvenience of their own wishes ; and that they would return that power which they sought for , but could not m●nage , to its proper place , before it became their ruine : — for unbounded Liberty overthroweth its self . But alas ! it was too late to grant them any thing , who by having so much , were only encouraged more eagerly to desire what they knew the King in honour could not give : — For when a Prince is once rendred odious or contemptible , his Indulgences do him no less hurt than injuries . As his services were great , so were his Recreations useful * ; Hunting , that manly Exercise being both his pleasure & his accomplishment : his accomplishment , I say , since it is in the list of Machiavel's rules to his Prince , as not only the wholsomest and cheapest diversion , both in relation to himself , and his People , but the best Tutor to Horse-manship , Stratagems , and Situations , by which he may afterwards place an Army ; whatever Sir Philip Sidney's apprehension was , who used to say ; Next hunting , he liked hawking worst . Observations on the Life of the Lord Chief-Iustice Banks . SIr Iohn Banks his Parents perceiving him judicious and industrious , bestowed good breeding on him in Grayes-Inne , in hope he should attain to preferment ; wherein they were not deceived . For after he was called to the Bar for some years , he solicited Suits for others , thereby attaining great practical experience . He afterwards might laugh at them , who then did smile at him , leaving many behind him in Learning , whom he found before him in time , until at last he was Knighted by King Charles , made first his Attorney , then Chief-Justice of the Common-Pleas , dying in the middest and heat of our Civil Dissentions . He ordered by his Will , that his Body should be buried under some plain Monument at the discretion of his Executors ; and after an Epitaph mentioning the several Places he had held , this Motto to be added ; Non nobis Domine , non nobis , sed Nomini tuo da Gloriam . By his said Will he gave to the value of thirty pound per ann . with other Emoluments , to be bestowed in pious Uses , and chiefly to set up a Manufacture of course Cottons in the Town of Keswick . He was one whom the Collar of S.S.S. worn by Judges and other M●gistrates became very well , if it had its name from Sanctus , Simon , Simplicius ; no man being more seriously pious , none more singly honest . — When Sir Henry Savile came to Sir Edward Cook then at bowls , in Arch-Bishop Abbot's behalf , and told him he had a Case to propose to him : Sir Edward answered ; If it be a Case in Common-Law , I am unworthy to be a Iudge , if I cannot presently satisfie you : but if it be a point of Statute-Law , I am unworthy to be a Iudge , if I should undertake to satisfie you without consulting my Books . — Sir Iohn Banks , though ready without his Books on the Bench , — yet always resolved Cases out of them in his Chamber ; answerable to his saying to Dr. Sibs , A good textuary is a good Lawyer , as well as a good Divine . His invention was prompt and ready ; his apprehension sure and solid ; his memory capacious and retentive ; his knowledge in the Law , and the inword reasons of it , profound ; his experience in affairs of State universal , and well laid : patient he was in hearing ; sparing , but pertinent in speaking : very glad always to have things represented truly and clearly ; and when it was otherwise , able to discern through all pretences the real merit of a C●use . He was a man of singular modesty , of the ancient freedom , plain-heartedness , and integrity of mind : Very grave and severe in his deportment , yet very affable , in such sort , that , as Tacitus saith of Agrippa ; Ill● quod est rarissimum nec facilitas authoritatem , nec severitas amorem diminuit : And in a word , so even and circumspect he was in the several turnings and occasions of his life , that though he went himself , and brought over as many as he had any interest in , to the King , I find him under no extraordinary displeasure from the Rebels ; and I observe but one unhappiness in his whole life , and that is , that all men speak well of him . Observations on the Life of Sir Tho. Edmonds . THe Trophees of Miltiades would not let Themistocles sleep , nor the Courts-advancements of his Relations this Gentleman to sit still ; having both Livis's qualifications , for an eminent man , a great spirit , and a gallant conduct for actions ; a sharp wit , and a fluent tongue for advice . — Whence we meet with him Comptroller of the Kings Houshold at home , and his Agent for * Peace abroad , equally fit for business of courage and resolution , and for affairs of Councel and complement . — I think it was this Gentleman , who foreseeing a Contest likely to ensue between the English and the Spanish Embassadors , to the first whereof he belonged , went to Rome privately and fetched a Certificate out of the book of Ceremonies ( which according to the Canon giveth the rule in such cases ) shewing that the King of England was to precede him of Castile ; a good argument , because ad homines , wise men having always thought fit to urge not what is most rational in its self , but what ( all circumstances considered ) is most convincing . Sir● Thomas Edmonds used to puzzle the Catholicks about six Records . 1. The original of Constantine's grant of Rome to the Pope . 2. St. Mark 's grant of the Adriatique Gulph to Venice . 3. The Salique Law in France . 4. The Instrument whereby King Iohn pas●ed away England to the Pope . 5. The Letter of King Lucius . And 6. The Ordinal of the Consecration at the Nags-head . — Neither did he perplex them with these Quaeries , more than he angered the Faction with his principles , Tertio Car. ● . 1. That the King was to be trusted . 2. That the Revenue was to be setled . 3. That the Protestant cause was to be maintained . 4. That Jealousies were to be removed , and things past were to be forgotten . Observations on the Life of Sir Paul Pindar . HE was first a Fac●or , then a Merchant , next a * Consul ; and at last an Embassador in Tu●key : Whence returning with a good purse and a wary Head-piece , he cast about what he might do to gratifie K. Iames and the Arch-Bishop of Canterbury most ; and finding them much pleased with acts of Charity and Piety , he repaired the Entry , Front , and Porches of St. Paul's Cathedral to all the upper Church , Qui●e and Chancel , and enriched them with Marble structures and figures of the Apostles , with carvings and guildings far exceeding their former beauty , which cost above two thousand pounds ; the act of a good man , said K. Iames , who made him one of the great Farmers of the Customs : in gratitude whereof , Sir Paul besides his former expences , took upon him to new build the South Isle , which cost him above 17000 l. A Projector ( such necessary Evils then countenanced ) and be a Clergy-man too , informed K. Iames how he might speedily advance his Revenue by bringing in Spiritual preferments ( now forsooth under-rated in the Kings books ) to a full value , to the great encrease of first-Fruits and Tenths : the King demands the Lord Treasurer Cranfield's judgement thereof : he said , Sir , You are esteeme● a great lov●r of Learning ; you know Clergy-mens Education is chargeable , their preferment slow , and small : Let it not be said you gain by grinding them ; other ways less obnoxious to just censure will be found out to furnish your occasions . The King commended the Treasurer ( as doing it only for tryal ) adding moreover , I should have accounted thee a very Knave , if encouraging me herein — But he sends for Sir Paul Pindar , and tells him , he must either raise the Customs , or take this course ; who answered him nobly : That he would lay thirty thousand pounds at his feet the morrow , rather than he should be put upon such poor projects , as unsuitable to his honour , as to his inclination . Go thy way ( saith the King ) thou art a good man. Observations on the Life of Sir Henry Vane Senior . THree things Henry the fourth of France said would puzzle any man. 1. Whether Queen Elizabeth was a Maid ? 2. Whether the Prince of Orange was valiant ? 3. What Religion he himself was of ? To which I may add a fourth , viz. what Sir Henry Vane was ? whom I know not what to call , but what Mr. Baxter calleth his son , a hider : the Fathers life being as mystical a● the Sons faith , men as little understanding the actions of the one , as they did the writing , of the other : But the two powers that govern the world , the best , and the worst , are both invisible . All Northern men are reserved to others , but this was too ●●e for his own Countrey-men ; neither Sir Iohn Savile that brought him to Court , nor Sir Thomas Wentworth that advanced him the●e , understanding either his temper , or his design . — He betrayed any Council he was present at , and marred all the Actions he was employed in . As 1. When he was sent to relate the Emperor's overture to th● Queen of Bohemia , of thirty thousand pounds per ann . and a Marriage between her eldest Son and his Daughter , he did it with those ackward ci●cumstances , that transported the good Lady to such unseasonable expressions , as at that time blasted her cause and expectations . And thence it 's thought he brought Sir Robert Dudley's Rhapsody of Projects to disparage the King's government , under pretence of supplying his necessi●ies : [ it wa● the way of the late Underminers , to relieve their Masters present need upon future inconveniences ; hiding themselves under Proposals , plausible for the present , and fatal in the consequence ] which juggles of his were so long too little to be considered , that at last they were too great to be remedied . 2. He is said to have shuffled other Conditions into the Pacification at York , where he was a Commissioner , than were avowed by the Lords Commissioners , much insisted on by the Scots , and burned by the common Hang-man , as false , and contrary to the true Articles . 3. When sent to the House , 1640. to demand 12 , or 8 , or six Subsidies , he requireth without abatement twelve , with design ( as it 's judged ) to ask so much , as might enrage the Parliament to give nothing ; — and so to be dissolved unhappily , or continued unsuccessfully . 4. He and his son together betray the Votes passed in the select Council , taken by him privately under his ●at , for the reducing of Scotland to the ruine of the Earl of Strafford , and the Arch-Bishop of Canterbury — The story is , Sir Henry Vane was trusted with the Juncto● where he took Notes of their several opinions ; these Notes he puts up in his Closet : A while after , he delivers to his son Sir H. Vane Junior , a key to fetch some papers out of a Cabinet , in which he finds another key to an inward shutter ; which he opened , and lighted upon this Paper , and communicates it to Mr. Pym for the end aforesaid ; and upon this very Paper ( doest not tremble Reader at this Treason ? ) alone , the House of Commons voted that brave Earl out of his Life , the same day that twenty two years after the same Sir Henry Vane Junior , lost his head . Abselvi numen . Observations on the Life of Sir Richard Hutton . SIr Richard Hutton was born at Perith , of a worshipful Family ( his elder brother was a Knight ) and bred in Iesus-Colled●e in Cambridge . He intended his Studies for Divinity , till disswaded by the importunity of his friends ( amongst whom George Earl of Cumberland was most eminent ) he became Barrister of Grayes-Inne . But in expression of his former Affection to Divinity , he seldom ( if ever ) took fee of a Clergy-man . Afterwards being Recorder of York , he was Knighted , and made Judge of the Common-Pleas . In the case of Ship-money , though he was against the King , or rather for the * Commons , yet his Majesty manifested not the least distaste , continuing to call him the honest judge . This person so pious to God , and cha●itable to ●he Poor , was dissolved about the beginning of our National misery . Thus God , before he ploweth up a Land with the furrows of a● Civil War , first cutteth down his old crop , and gathereth them like ripe sheaves into his Barn. He died at Serg●ants Inne , and was buried at his earnest desire with ●he Common-Prayer , without any Funeral-Sermon ( save what his own Vertues preached to posterity ) at St. Dunstan's in the West , on the 27 day o● February , Anno Dom. 1638. Here I learn how circumspect our counsels must be in reference to things and persons above us ; whi●h implying an overpo●zing of our own judgement , and a debating of others , in all cases is obnoxious to jealousie , but in these to danger , under which there are no Qualifications to patience and moderation , The vertues of this happy Judge ( if he had cast obstinacy over-board , and let his wisdom ●ack about in things capable of expedience ) whereby h● knew well both how to allay the asperities of a bad fortune , and check the excesses of a good one , packing up his fears and hopes in so narrow a compass , as made the last less tedious , and the first more portable ; to which he added an unaffected plainness , the argument of his worth and weight , a weakness and emptiness being as safely as usually concluded from too much affectation , — an overmuch care of the out-side being an argument of remisness in what is within , it remaining ( s●ith one ) equally rar● , to find a starched and formal man wise , as a Woman valiant ; the most serious Endeavours of both being to take only the Eyes . Observations on the Life of the Marquess of Hertford . HE was none of those Male-contents who make the sins of their ●iper years make good the follies of their youth , and maintain oversights with Treasons : as he was patient under his Imprisonment for the one , so he was active in his services against the other ; not more dutifully submitting to the severity of K. Iames for his Marriage , then loyally assisting the necessities of King Charles in his Wars . It 's natural to return an Injury , it 's heroical to overcome it ; and be above it , when we are below our selves . It is true , he was drawn in to subscribe the untoward Proposals at York ; but it is as true , he did of his own accord declare against the unnatural War in London , where the King advanced him to the tuition of the Prince , and he went himself to the defence of the King : at what time such his popularity , that he raised an Army himself ; such his humility , that he yielded the command of it to another , as if he knew nothing but others merit , and his own wants ; being one of those choice men that admire every thing in others , and see nothing in themselves . His face , his carriage , his habit favoured of Lowliness without affectation , and yet he was much under what he seemed . His words were few and soft , never either peremptory or censorious , because he thought both each man more wise , and none more obnoxious than himself ; being yet neither ignorant nor careless , but naturally me●k , lying ever close within himself , armed with those two Master-pieces , Resolution and Duty , wherewith he mated the blackest Events that did rather exercise than dismay that spirit that was above them , and that minde that looked beyond them : He was the easiest enemy , and the truest friend ; whom extremities obliged , while ( as the Reverend Bishop speaks ) he as a well-wrought Vault lay at home the stronger , by how much the more weight he did bear . He offered his life for his Prince's service in the Field , and his person for his ransom at the Court ; and when many wished they might die for that excellent King , he , the Earls of Lindsey and Southampton offered , That since his Majesty was presumed by the Law to do no harm himself , and since he did all by them his Ministers , as they had the honour to act under , they might have the happiness to suffer for him . Observations on the Life of Sir John Finch . THis Family hath had an hereditary eminence in the study of the Law. — Sir Henry Finch [ the Author of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] a learned Sergeant at Law in King Iames his time . Sir Heneage Finch Recorder of London in K. Charles's time , and this noble person at the same time the Queen's Attorney , and Speaker of that curious , knowing , and rich Parliament , wherein some have observed , though wide , I suppose , that the House of Commons modestly estimated [ consisting of 500 ] could buy the House of Peers [ consisting of 118 ] thrice over . — Norimbergh in Germany , and Florence in Italy , would not of old admit of any learned men in their Councel ; because great learned men , saith the Historian of those places , are perplexed to resolve upon Affairs , making many doubts full of Respects and Imaginations — Semblably this Parliament was too rich and curious to do any good , though this noble personage , even when the House-doors were shut , and he violently detained in his Chair , refused to countenance their proceedings , always abhorring Eliot's doctrine ; That men should not be questioned for offences in Parliament : As if that reverend Assembly were called for no other end , than that turbulent spirits might be at liberty to speak Treason once every three years . When he was questioned for his opinion about Ship-money , his judgement was ; That if the whole were in danger , the whole should contribute — When he was urged to read the Remonstrance against Sir R. W. 4 Car. in Parliament , his opinion was ; That at any rate ( though at the highest that can be ) Authority must be vindicated and redeemed from contempt , since the Life of Government is reputation . Observations on the Life of the Lord Say. WHether the first impressions of his * Tutor , ( Schoolmasters , though the most neglected , are not the most inconsiderable parts of a Common-wealth : ) the narrowness of his fortune ( unequal to his honour ; younger brothers of noble houses had need in every State to be observed ) the repulse , 1613. ( other men must look to whom they are kind , but Princes to whom they are unkind ) inclined this personage to popularity : This is certain , no man was better tempered for that humour than himself ; being in his nature severe and rigid ; in his carriage close and reserved ; in his resolutions firm and immoveable ; in his apprehension , provident and foreseeing ; in his Sentiments nice and curious : — in his Discourse ( full of Fears and Jealousies ) dissatisfied and bold ; in his followers irregular and pretending ; in the Law well seen ; in the Scripture very ready ; in the occurrences of his age very exact : at Lectures most constant ; to the liberty of the Subject ( then the Diana of the age ) most faithful , insomuch that he made a motion 1628. That they who stood for the Liberties , forsooth ! ( then called the Lower-House Lords of the Upper-House ) not fifty might make their Protestation upon record , and that the other party should with subscription of their names enter their reason upon Record , that posterity might not be to seek ( good lack ) who they were that so ignobly betrayed the Liberty of our Nation : And this being done , they should resolve themselves to a Committee , and proceed to vote : — Yet so well acquainted with the King's temper , that he would take any occasion of his being pleased by the Parliament , to insinuate himself into favour with all his Male-contents , as Bishop Williams , Earl of Lincoln , Earl of Essex , the Earl of Warwick , &c. As he wrought upon the peoples humour in that point of Liberty , so he did upon the Nobilities temper in another of Ambition : For in a Petition to King Iames against Foreign titles of Honour , we finde him first in design , though last in subscription , teaching Essex , Warwick , St. Iohn ( for they joyned with him ) to tilt against their Soveraign's Prerogative with their Pe●s , as they did after with their Swords . And when this failed ( the wise King awing the young Lords to renounce that asunder , which they had subscribed together ; none so bold as the factions in company , none so fearful apart ) the Champion of English honour and priviledge , becomes the Patron of Propriety too ; for we read Ter. Hill. Anno 14. Car. 1. in Banco Regis , the Lord Say's Case . — Action for Crover and Conversion of thrée Oxen taken ( a great matter ) for thrée pounds five shillings , by the Sheriff of Lincoln , upon the Plaintiff , towards the finding of a Ship — A good reason , for going to Law first , and then to war with his Soveraign , as he did afterwards , when he had sent his son Nathaniel , with Hampden and Lawrence , 1639. to settle the League with their dear Brethren in Scotland , while he formed the grand Design in England , with so much success , that when there were some Overtures made for saving the Earl of Strafford , and securing the Kingdom by the Party , upon condition of preferment , as that Master Hampden should be Tutor to the Prince , the Earl of Essex his Governour , Mr. Pym Chancellor of the Exchequer , the Earl of Warwick Vice-Admiral , he was to be Master of the Court of Wards ; which he compassed , when the rest mist of their expectation . — No more of him , but that the King going to Scotland , he refusing a Protestation against the Scots , had these questions proposed to him : 1. Whether he would go with the King at his own charge . 2. Whether Rebellion was a just cause of War. 3. Whether the taking of Castles , Towns , Magazines , &c. was not Rebellion . To the first he answered ; That though as a Peer and Subject , he could not be forced out of his Countrey but upon extraordinary occasion ; yet out of affection to his Majesty , he would attend him , referring the matter of charge to himself . To the two last he said , he understood not the Law of Scotland , but that those proceedings were Treason in England . Observations on the Life of the Earl of Lindsey . HE and that whole Family ( I know not whether more pious , or more valiant ; whether more renowned abroad , as Confessors for their Religion , or , as Champions for their Country ) have been in this last Age an ornament and a defence to this Crown , equally reverenced by the Subjects of it , and honoured by the Soveraigns . This Noble-man and the Earl of Essex did as Iugurtha and Manus , learn in one School what they practised in two : The one as a faithful Subject , for that government that had obliged his Family ; the other as a discontented Rebel , against that that had disobliged his : Both Commanders for the Palatinate against the Emperor , and for Rochel against the French. When the Duke of Buckingham returned from the Isle of Rhee , his Majesty told him ; The neglect of his relief must l●dge on his Friend and Confident , Holland — To which he acknowledged ; That indeed he had very affectionately intrusted him in ordinary Affairs , but never in such an esteem , as to second him in arms , that place being more proper for my Lord of Lindsey — whose judgement of that Expedition was ; That it was friendship in earnest , and War in jest . He it was that pursued twelve French Vessels in his own single one to their Haven , hea●ed at once with anger and shame , he it was , who when all men were amazed at the Duke's fall , was assigned his successor . Certainly , saith one there present , He was a person of no likely presence , but of considerable experience , by his former Expeditions ; and one that to the last of his life made good his faith with Gallantry and Courage , notwithstanding his ill success ( the times fate rather than his fault ) 1. In scouring the narrow Sea● , where he was Admiral , and the Earl of Essex Vice-Admiral . 2. In presiding in several great Courts on many solemn occasions , the Earl of Strafford's unparellel'd Tryal , &c. And 3. In leading the King's Army at Edge-Hill with a Pike in his hand . Where what is observed of Cataline and his followers , was true of this noble Earl and his Country-men , the Loyal Gentry of Lincolnshire , that they covered the same place with their Corps when dead , where they stood in the fight whilst living . Observations on the Life of Iudge Richardson . IUdge Richardson was born at Mulbarton in Norfolk , his Father being Minister thereof ; and he a friend to Ministers , though a foe of the Church . He was bred in the study of our Municipal Law , and became the King's Sergeant therein . Afterwards , on the 28 of November , 1926. he was sworn Chief-Justice of the Common-Pleas , that Place having been void ten months before ; wherein he was humoursom , but honest ; only unhappy , in that he raised the Sabbatarian Controversie , by his orders aginst Wakes in Somersetshire . His Brass Monument on the South-side of Westminster-Abby , thus entertaineth the Reader ; Deo om . Thom●● Richardsoni Icaeni Equitis Aurati Humduum D●positum . Ille . Iuris Municip . omnes gradus exantlavit Conventus tertii ordinis ann . Jacobi Regis 21 , & 22. Prolocutor ex●itit ; Fori civilis ( communium Placitorum vocant ) Supremum Magistratum quinquennium gessit ; Ad summum tandem primarii per Angliam Iudicis Tribunal A Rege Carolo evectus : expiravit Anno AEtatis 66. Salutis , MDCXXXIV . Tho. Richardson fil . unicus Eques Aur. Baro Scotiae designatus Patri incomparabili posuit . As one reason of his advancement , you must know , this Judge married for his second Wife the Lady Eliz. Beaumont , the Sister ( as I take it ) of Mary Countess of Buckingham , and the Relict of — Ashburnham Knight . She was by K. Charles created Baroness of Croumont in Scotland ; and ( though Issuless by the Judge ) the Honour descended to his Grand-child . He died an enemy to Bishop Williams , over-ruling all his Pleas in his Chamber in a quarter of an hour ; and yet , which was strange , at that time no friend to Arch-Bishop Laud , for he said , The Lawn-sleeves had choaked him . Observations on the Life of Sir Tho. Coventry . A Competent Estate he had for his education , and excellent Abilities for advancement : his ●ortune was not wanting to his parts , nor his parts to his fortune ; the one being as ready to support , as the other was to raise him : His staid soul was well prepared for general learning in the Schools & University , for his par●icular lea●ning at the I●●s of Court : his skill in the study of Law called him no sooner to the Bar , than his prudence to Court : Take we his character from his Honour . Why was he crea●ed Lord Coventry of Alisbury , and Keeper of the great S●al ? Why , saith the Pa●ent , for his eminent fidelity ; for his most worthy service ; for his exact circumspection ; for his deep prudence ; for his constant resolution ; for his skill and dexterity ; for his integrity and industry ; for his immoveableness and fidelity : No man more app●ehensive of the interest of England , none more faithful to it : His kindness to the Church and Clergy argued his piety ; his safe Counsels to his Majesty argued his moderation ; his dignity rather enjoyed him , than he it : A man he was that filled up his great capacities , having digested a body of the most honest Law , and a scheme of the most innocent policy that ever filled the head of an able Statesman , or the heart of an upright Judge . What belonged to him , he knew ; and what he knew , he practised . He was as constant to his rule , as he knew his rule was to him : Reserved he was , as the King's Councellor , honest as his conscience . We measure Pyramides by their shadows , and this great Lord by his followers ; every one whereof was * eminent in his way , and all advanced . Each Action of his , though never so little , yet great as himself , so gravely did he manage it , so solemnly did he perform it : His orders were seldom reversed , because mostly including the consent of Parties , — Few Attorney-Generals came off with less c●nsure , and few Lord Keepers with less guilt ; his Predecessors miscarriages being foils to set off his exactness . — Eminent as in most other Cafes , so particularly in that of Pryn , Bastwick , and Burton ; against whom , when after six weeks time given them to put in an effectual Answer , they urged , that their Adversaries the Bishops should not be their Judges : He replyed smartly ; That by that Plea had they Libelled all the Mag●strates in the L●nd ; none should pass Censure upon them , because all were made parties . He had fifteen years enjoyed his Place ; not more proper to say , that Dignity had enjoyed him so long , this latter age ●ffording not one every way of more apt Qualifications for the place . His front and presence bespake a venerable regard , not in●eriour to any of his Antecessors . His train and suit of Followers was disposed agreeable , to shun both Envy and Contempt : Vain and ambitious he was not ; his port was state , though others ostentation . Of what concerned his place , he knew enough , and which is the main , acted conformable to his knowledge ; For in the Administration of Justice , he was so erect , so incorrupt , as captious malice stands mute in the blemish of his Fame . A miracle the greater , when we consider he was also a Privy-Councellor : A trust , wherein he served his Master the King most faithfully ; and the more faithfully , because of all● those Councels which did disserve his Majesty , he was an earnest disswader , and did much disaffect those sticklers who laboured to make the Prerogative rather tall than great ; as knowing that such men loved the King better than Charles Stuart . So that although he was a Courtier , and had had for his Master a Passion most intense , yet had he always a passion reserved for the publick welfare ; an argument of a free , noble , and right-principled mind : For what both Court and Country have always held as inconsistent , is in truth erroneous ; And no man can be truly loyal , who is not also a good Patriot ; nor any a good Patriot , which is not truly loyal . Observations on the Life of Sir Thomas Wentworth , Earl of Strafford . SIr Thomas Wentworth Earl of Strafford oweth his birth to the best governed City , London , his breeding to the best modelled School , York , and a most exact Colledge , St. Iohns in Cambridge ; his accomplishments to the best Tutors , Travel and Experience ; and his prudence to the best School , a Parliament , whither he came in the most active and knowing times , with a strong brain , and a large heart : his activity was eminent in his Country , and his interest strong in Parliament , where he observed much , and pertinently ; spake little , but home ; contrived effectually , but closely ; carried his Designs successfully , but reservedly : He apprehended the publick temper as clearly , and managed it to his purposes as orderly as any man : He spoke least , but last of all , with the advantage of a clear view of others reasons , & the addition of his own : He and his leading Confid●nts moulded that in a private Conference , which was to be managed in a publick Assembly : He made himself so considerable a Patriot , that he was bought over to be a Courtier : So great his Abilities , that he awed a Monarchy when dis-obliged , and supported it when engaged , the balance turning thither where this Lord stood . — The North was reduced by his prudence , and Ireland by his interest : He did more there in two years , than was done in two hundred before . 1. Extinguishing the very reliques of the War. 2. Setting up a standing Army . 3. Modelling the Revenue . 4. Removing the very roots and occasions of new troubles . 5. Planting and building . 6. Setling Ecclesiastical and Civil Courts . 7. Recovering the hearts of the people by able Pastors and Bishops , by prudent and sober Magistrates ; by justice and protection ; by obligations and rewards . 8. Recovering the Churches patrimony and discipline . 9. Employing most able and faithful Ministers and Instruments . 10. Taking an exact view of all former Precedents , Rules , and Proceedings . 11. An exact correspondence with his Majesty , and the Favourites of England . None was more conversant in the Factions , Intrigues , and Designs , than he when a Common-wealths-man ; none abler to meet with them than he when a Statesman : he understood their methods , kenned their wiles , observed their designs , looked into their combinations , comprehen●●d their interest : And as King Charls understood best of any Monarch under heaven what he could do in point of Conscience , so his Strafford apprehended best of any Counsellor under the Sun what he could do in point of power : He and my Lord of Canterbury having the most particular account of the state of Great Britain and Ireland of any persons living . Nature is often hidden , sometimes overcome , seldom extinguished ; yet Doctrine and Discourse had much allayed the severity of this Earl's nature , and Custom more : None more austere to see to , none more obliging to speak with : He observed pauses in his discourse to attend the motion , and draw out the humour of other men ; at once commanding his own thoughts , and watching others : H●s passion was rather the vigour , than the disorder of his well-weighed soul ; which could dispense its ●nger with as much prudence , as it managed any act of State. He gave his Majesty safe counsel in the prosperity of his Affairs , and resolute advice in Extreamity , as a true servant of his interest rather ●han of his power . So eminent was he and my Lord of Canterbury , that Rebellion despaired of success as long as the fi●st lived , and Schism of licentiousness as lo●g as the second stood . Take my Lord of Strafford as accused , and you will find his Integrity and Ability , that he managed his whole Government either by the Law , or the Interest of his Countrey . Take him as dying , and you will see his parts and piety ; his resolution for himself , his sel●-resignation for the Kingdoms good ; his devotion for the Church , whose patrimony he forbad his son upon his blessing — Take him as dead , you will find him glorious and renowned in these three characters . The first of the best King. I looked upon my Lord of Strafford , as a Gentleman whose great abilities might make a Prince rather afraid , than ashamed to employ him in the greatest Affairs of State : for those were prone to create in him great confidence of undertakings , and this was like enough to betray him to great Errors , and many Enemies ; whereof he could not but contract great store , while moving in so high a sphere , and with so v●gorus a lustre , he must needs ( as the Sun ) raise many envious exhalations ; which condensed by a popular Odium , were capable to cast a cloud upon the brightest merit and integrity : though I cannot in my judgment approve all he did , driven ( it may be ) by the necessities of Times , and the temper of that People , more than led by his own disposition to any heighth and rigour of Action , &c. The second , of the best Historian . He was a person of a generous spirit , fitted for the noblest Exercises , and the most difficult parts of Empire : His Counsels were bold , yet just ; and he had a vigour proper for the execution of them : Of an eloquence next that of his Masters , masculine and excellent . He was no less affectionate to the Church , than to the State ; and not contented while living , to defend the government and patrimony of it , he commended it also to his Son when he was about to dye , and charged his abhorrency of sacriledge : His enemies called the Majesty of his m●ene in his Lieutenancy , pride ; and the undaunted execution of his Office on the Contumacious , the insolency of his fortune . He was censured for that fatal error of following the King to London , and to the Parliament , after the Pacification at York : And it was thought , that if he had gone over to his Charge in Ireland , he might have scoured both himself and that Kingdom for his Majesties service : But some attribute this Counsel to a necessity of fate , whose first stroke is at the Brain of those whom it designs to ruine , and brought him to feel the effects of popular rage , which himself in former Parliaments had used against Government , and to finde the experience of his own devices upon the Du●e of Buckingham . Providence teacheth us to abhor over fine Councels , by the mischiefs they often bring upon their Authors . The third , of common fame . A Gentleman he was of rare , choice , and singular Endowments , I mean , of such as modelled , fashioned , and accomplished him for State-conceraments ; of a searching and penetrating judgment , nimble apprehension , ready and fluent in all results of Councel . Most happy in the vein of speech , which was always round , perspicuous , and express , much to the advantage of his s●nse , and so full stocked with reason , that he might be rather said to demonstrate , than to argue . As these abilities raised him to State-administration , so his Addressing , his applying those abilities so faithfully in promotion of the Royal Interest , soon rendered him a Favourite of the first admission : So that never King had a more intelligent , and withal a firmer servant than he was to his Master . But these qualities which rendred him so aimiable to his Majesty , represented him formidable to the Scots , so that some who were not well perswaded of the justness of his sentence , thought he suffered not so much for what he had done already , as for what he was like to have done , had he lived , to the disservice of that Nation : And that he was not sacrificed so much to the Scots revenge , as to their fear . And certainly his fall was the first , so the most fatal wound the King's Interest ever received : H●s three Kingdoms hardly affording another Strafford , that is , one man his peer in parts and fidelity to his Majesty . He had a singular passion for the Government and Patrimony of the Church , both which he was studious to preserve safe and sound ; either opening them to be of sacred extraction ; or at least prudent constitution , relating to holy performances . And had he wanted these positive graces , yet in so great a Person it may be commendable , that he was eminent for privative and negative Excellencies , being not taxable with any Vice ; those petty pleasures being beneath the satisfaction of a soul so large as his . In short , saith the ingenious Gentleman , he was a man who might have passed under a better notion , had he lived in better times . This last period is a question , since this great Statesman , and his good Masters goodness was so over-shadowed with their greatness , and their vertues so lost in their power , as the Sun ( the aptest parallel of their lustre and benificence ) is hid in his own light , that they owe their great , but glorious fame to their misfortunes , and their renown to their ruine , that levelled their worth , otherwise as much out of their reach as their place , to vulgar apprehensions . Eclipsed lustre , like a veiled beauty , is most looked on , when most covered . — The setting Sun is more glorious than its self in its Meridian , because more low : and the lowest Planet seems biggest to a common eye . So faith●ul he was , and the Arch-Bishop , that in the Juncto consisting of them two and Duke Hamilton , they voted a Parliament , though they knew themselves the first sufferers by it : and so confident of his integrity , that when he had treason enough discovered at the late transactions in York ( touching the Scots conspiracy ) to charge his enemies with , he waved the advantage ; and secure in his own innocence , fell an instance of that Maxim ; That there is no danger small , but what is thought so . This was his great principle ; Vsurped Royalty was never laid down by perswasion from Royal clemency ; for in armis jus omne regni . Observations on the Lives of Henry Earl of Holland , and Robert Earl of Warwick . HEnry Earl of Holland , and Robert Earl of Warwick , both brothers , had the same Education at home , and the same admittance to Court — only the elder having an Estate , brought not thither that compliance and observance that the younger did that wanted it . — The one therefore is serious in his carriage , harsh and rough in his spirit , stubborn in his constitution , steady in his course , stern in his comportments , sly and close in his conduct ; choosing rather to improve himself in America by Trade , than in England by Courtship ; something inclined to the faction by the principles of his Education , more by those of his Interest . The other owned not a greater smoothness in his face , than in his soul ; being very taking in his countenance , more in his converse . The first being not more lovely , than the last was obliging . — While a Courtier , so much was he in favour with King Iames , that one morning as he and Mr. Ramsey waited on his Majesty , and two Porters c●me by with some money , he did but smile on Ramsey , and tell his Majesty , who asked why he smiled , that it was to think what good that money would do him , and he had it : his Royal Mr. whose heart was as large as his Kingdom , adding , I 'll warrant you , you are glad of this ; Let me tell you , I have more pleasure in bestowing this money , than you in possessing it : so much a more blessed thing it is to give , than to receive . While Embassador in France ( where he represented a King in his State and port , as well as in his place ) so great was he with the Queen-Mother , that he was admitted to all treatments ; that he had the honour of all Entertainments ; that he commanded the Kings ears , understood the Spanish policies , dived into the French humour and inclination . All the while he was in Paris , his observations were minute and particular , his Addresses wary and reserved ( never opening the Marriage-treaty until he was sure of a good reception ) his working upon Madams affection close & artificial ; his counter-plots to the Spanish insinuations nimble and effectual ; his correspondence with the Duke of Bucks . weekly & constant ; his contracts with Count Soisons , and Madam Blanvile , in behalf of her Husband here in England , resolute and honourable ( urging very nobly and successfully , that the clamours of a turbulent Agent was not to o●t-weigh the favour of a mighty Monarch . ) The discovery he made of the Duke of Buckingham's enemies , their Cabals and Oaths from the said Blanviles Letters , was seasonable and compleat ; but his Master-piece was his command over all affections and tempers — but his own so soft and smooth , that it endured not the roughness of the following times , wherein he was very unsetled when Commissioner in Scot-land , while he lived , and very fearful when he died : The fate of all delicate and too fine Constitutions . It hath been the method of Grandees to endear themselves to power for a present interest , and to learning for their future fame ; to add the renown of the one , to the greatness of the other . Neither was this Lord more careful to succeed his great friend the Duke of Buckingham in his favour at Court , as Captain of the Guard , and Groom of the Stool , than in his Place at the University as Chancellor , of which he expresseth himself thus to his Cambridge , That his Master had raised his fortune beyond wishing in this world , that he could desire no more than a fair name when he was gone out of it ; which the University contributed , to whom he devoted his Interest . Though they answered not his expectation in their Contributions for St. Pauls , and other particulars , wherein he was defeated and over-bor● by the busie faction , who thought it a vain thing to repair any Church , when they intended to pull down all . After all , this great man is a great instance of that obse●vation , viz. That when able and prudent men are brought on the Stage to manage their own parts , they are then ( mostly ) not of the clearest sight , and commonly commit such errors as are both discernable and avoidable , even by men of mean abilities — Although I find him subject to no great error before the War , save that when Dr. Preston was by his party judged of so great parts as to make a fit Patron for them , and thereupon directed to appear aloof [ the way of Court-observers ] in his Addresses to the Duke of Buckingham by his Confident the Earl of Holland , whose Family favoured that side , though the Duke said he knew him , and so would use him accordingly : Yet this Earl was so far over-reach'd by him , that in the Apology the Doctor writ under-hand to his Partiz●ns touching his Court-compliance , he sheweth he over-reached the Court-wits ; as indeed he was a great Politician , and used ( Lap-wing-like ) to flutter most on that place which was farthe●● from his Eggs : a copy of which Letter , with some satyrical stanzaes was found unsealed in the streets , and carried to the Duke ; a noble friend discovering to the Doctor , how witty he was in Rhime , to the breaking of his heart , he confessing then he was undone , especially when the Dukes Barber could finger the Letter out of his Lords pocket , as he was directed . — And now I cannot but remember how this Earl at his death said , He had been a friend to godly Ministers , as had his friends before him , by whom he had been instructed when young . Whence I collect , that the members of those great Families , into which the godly Ministers , i.e. peevish , factious , and discontented persons which usurp that precious name , insinuate them●elves , and their principles , seldom come to their Grave in peace ; they usually instilling into them such imaginations as make their lives unquiet , and their deaths dis●onourable . — Whence the good old Lord Willoughby would say , Carry the peevish man this ( speaking of one Chambers a Separatist ) but tell him he must not come under my Roof , for I will not meddle with them that are given to change , whose calamity ariseth suddenly , and who knoweth the ruine of them both ? To conclude , it is observed as the reason why he fell off from the Parliament , that the wary Sirs would not trust two Brothers , him and the Earl of Warwick with supream commands ; therefore when they voted the one Admiral , they denyed the other General of the Horse . Both are charactered by their Contemporaries for natural Endowments excellent ; for temper sweet and loving ; for behaviour , affable and courteous ; for spirit , meek and lowly ; of the same inclinations before and after their advancement : In honore si●● tumore ; lifted up with honour , but not p●ffed● up with pride . Observations on the Life of Arch-Bishop Laud. THe pregnancy of his childhood promised the wisdom of his riper years , and obliged his friends beyond their abilities to his support , and strangers beyond expectation to his enencouragement : Some persons offering him great sums of money for his maintenance in his younger years , upon the bare security of his parts , which paid them well in his more reduced age . None more observant of favour , none more mindful of kindnesses , and none more grateful for civilities : He was so wise as seldom to forget an injury in the consequence of it , and so noble as ever to remember love in the return of it . His honest Parents conveyed him an excellent temper , and that temper a brave spirit ; which had the advantage of his b●rth , some say at Reading , some at Henley , at an equal distance from the University , where he was to be a Scholar ; and the Court , where he was to be a Man : In the first of these , his indefatigable industry , his methodical study , his quick apprehension , his faithful memory , his solid judgement , his active fancy , his grave and quick countenance , his sharp and piercing eye , raised him by discreet and wary steps to all the preferments , and commended him to all the employments of the University , when Proctor whereof he was admitted for his prudence to the Earl of Devonshire's service , which hazarded ; and when Divinity-Reader , observed by the Lords of Rochester and Lincoln for his judgement , which advanced him . As his design was above the level of modern Sciolists , so were his Studies not prepossessed with the partial Systemes of Geneva , but freely conversant with the impartial volumes of the Church-Catholick : he had an infallible apprehension of the Doctrine and Discipline , and a deep insight into the interest of Christianity : This capacious soul conversed with the most knowing of all Judgments , to finde the bottom of all Errors ; and with the most judicious of his own , to discern the grounds of all truth . He had his eye on the University to reduce it , when Head of St. Iohn's ; on the lower Functions of the Church in his Pastoral charges , to reform them ; and upon the higher , when Dean of Gloucester , Prebend of Westminster , and Bishop of St. Davids , to settle them . He was a man of that search and judgment , that he found out the principles of government that were true to the Church ; of that faithfulness and resolution , that amidst all discouragements he was true to them : The Church-government he found by many private-spirited men , accommodated to their ease and interest , he adjusted to truth and settlement ; consulting not humors which are uncertain as interest , but truth which is certain as Eternity . Arch-Bishop Abbot's Yield , and they will be pleased at last , was a great miscarriage , Arch-Bishop Laud's Resolve , for there is no end of yielding , was great policy . His great reach in Government suitable to that King's apprehensions , commended him to King Iames ; his vast ability and integrity , to K. Charles and the Duk● of Buckingham ; To the first whereof he was a Privy-Councellor , to the other a Bosom-friend , before both whom he laid the best Representations and Ideas of the English government , as to things and persons in several abstracts , of any man under heaven . I have heard a Statesman say , That none knew the joynts , turnings , flexures , and interests of all Parties in Church or State , that were either to be encouraged or suppressed , with the seasons and opportunities to do it , so well as Dr. Laud. Discerning was his fore-sight , compleat his intelligence , exact his correspondence , quick his dispatches ; seasonable and effectual his Sermons and Discourses , inquisitive and observing his Converse . His Instruments were able and knowing men , that were faithful to the Church , as he was in Man-war●ng and Mountagu's case to them ; Knowing well ( as he wrote to my Lord of Buckingham ) that discouragements would deter men of parts , whom encouragements might make serviceable . He knew no man better how to temper a Parliament , having a Catalogue of all the Nobility and Gentry , with their Interest and Inclination in his eye : He understood none more exactly what was to be discoursed and proposed to them , having a clear apprehension of the several Junctures and Tendencies of affairs . He entertained no thought but what was publick in his breast ; no man , but what was nobly spirited in his familiarity : Ever watchful he was of all opportunities to advance the Churches honour , 1. In her Sons , as Bishop Iuxon , &c. 2. Her Discipline , as in his several Visitations , Articles , Star-Chamber , and High-Commission matters . 3. In her Endowments , as the buying of Impropriations in Ireland . 4. In her Priviledge , as the Canons of England . 5. In her Ornaments , as the repairing & furnishing of St. Pauls and most other Churches in his Province . 6. In her Universities , as the statutes of Oxford , the priviledges of Cambridge , and his vast gifts of Oriental Books and Buildings , and his vaster design for both , — and as watchful against all the designs to undermine it . The Feof●ees for Impropriations he laid aside ; the Sabbatizing and Predestinarian controversies he silenced ; the Licen●ious Press he reduced ; Dignities and Preferments h● worthily filled up ; bribes at Court he retrenched : No interest , no alliance could ever advance an unworthy person while he lived : Breed up your children well , and I will provide for them , was his saying to all his Relations . Many a man would be disobliged by his sternness at first view , for whom if deserving , he would afterwards contrive kindnesses by after and unexpected favours , No place of experience did he ever miss , none of employment did he ever decline : He would never see Authority h●ffled , but either wave all proceedings against offenders , or go through with them ; His prosecution● , as in Leighton's Case , were close : his observation of all c●rc●mstances , as in Lincoln's , wary ; his declarations of the Cases clear and convincing , as in Pryn's , Bastwick's and Burion's ; his sentence milde and compassionate , as in Waller's ; his resolution and justice ever making way to his mercy , and his mercy crowning his justice : Often did he confer with the ablest and most Orthodox Clergy , with the most experienced and knowing Civilians , with the most observing and reserved Courtiers , with the profoundest Lawyers , with the skilfullest and discreetest Mechanicks ; out of all whose opinions the result was , his most exact judgement in any case that came before him at Court , or at Lambeth . The roughness of his nature sent most men discontented from him : but so , that he would often of himself find ways and means to sweeten such as had any worth again , when they least looked for it . — Many were offended at his prudent zeal against the Jewish Sabbatism in his government , who were very well satisfied with the strictness of his observation of the Lords day in his person . — But let one great man express another ; Bishop Gauden , Arch-Bishop Laud ; whose thoughts lye so much the more levelled to his brave Sentiments , as his dignity did to his high place . As to his secret design of working up this Church by little and little to a Romish conformity and captivity , I do not believe ( saith he ) he had any such purpose or approved thought ; because , beside his declared judgment and conscience , I find no secular Policy or Interest which he could thereby gain , either private or publick , but rather lose much of the greatness and freedom which he and other Bishops , with the whol● Church had : without which tempt●tion , no man in charity may be suspected to act contrary to so clear convictions , so deliberate and declared determinations of his Conscience and Judgement in Religion , as the Arch-Bishop expresses in his very excellent Book . I am indeed prone to think , that p●ssibly he wished there could have been any fair close or acc●mmodation between all Christian Churches , ( the same which many grave and learned men have much desired : ) And it may be his Lordship thought himself no unfit Instrument to make way to so great and good a work , considering the eminencies of his Parts , Power , and Favour which he had . Haply he judged ( as many learned and moderate men have ) that in some things between Papists and Protestants , differences are made wider , and kept more open , raw and sore than need be● by the private pens and passions of some men , and the Interests of some little parties , whose partial policies really neglect the publick and true Interest of the Cath●lick Church and Christian Religion ; which consists much in peace as w●ll as in purity , in charity , as in verity . He found that where Papists were silenced and convinced in the more grand and pregnant Disputes ( that they are Novel , partial , and unconform to Catholick Churches in ancient times ) than he found they recovered spirits , and contested afresh against the unreasonable transports , violences and immoderations of some professing to be Protestants ; who , to avoid Idol●try and Superstition , run to Sacriledge and rudeness in Religion , denying many things that are just , honest , safe , true and reasonable , meerly out of an ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) excessive Antipathy to Papists . Possibly the Arch-Bishop and some other Bishops of his mind did rightly judge , That the giving of an enemy fair play by just , safe , & honourable concessions , was not to yield the conquest to him , but the most ready way to convince him of his weakness ; when no honest yieldings could help him any more , then they did endanger the true cause or courage of his Antagonist . For my part , I think the Arch-Bishop of Canterbury was neither Calvinist , nor Lutheran , nor Papist , as to any side or party ; but all , so far as he saw , they agreed with the Reformed Church of England , either in Fundamentals , or innocent and decent Superstructures : Yet I believe he was so far a Protestant , and of the Reformed Religion , as he saw the Church of England did protest against the Errors , Corruptions , Usurpations , and Superstitions of the Church of Rome , or against the novel opinions and p●actices of any party whatsoever . And certainly he did with as much honour as justice so far own the Authen●ick Authority , Liberty and Majesty of the Church of England ( in its reforming and setling of its Religion ) that he did not think fit any private new Master ; whatsoever , should obtrude any Foreign or Domestick Dictates to her , or force her to take her copy of Religion from so petty a place as Geneva was , or Frankfort , or Amsterdam , or Wittenbergh , or Edenborough ; ●o nor from Augsburg , or Arnheim , nor any foreign City or Town , any more than from Trent or Rome ; none of which had any Dic●atorian Authority over this great and famous Nation or Church of England , further than they offered sober Counsels , or suggested good Reasons , or cleared true Religion by Scripture , and confirmed it by good Antiquity , as the best interpreter and decider of obscure places , and dubious cases . Which high value , it is probable , as to his Mother the Church of England , and her Constitutions , was so potent in the Arch-Bishop of Canterbury , that , as he thought it not fit to subject her to the insolency of the Church of Rome , so not to the impertinencies of any other Church or Doctor , of far less repu●e in the Christian world . No doubt his Lordship thought it not handsome in Mr. Calvin to be ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , rather than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) so censorious of the Church of England , as to brand its D●votion or Liturgy with his tolerabiles ineptiae , who knew not the temper of the Nation , requiring then not what was absolutely best , but most conveniently good : and such not only the Liturgy was , but those things which he calls tollerable toys . I having occasion to speak with him , he upon a time was pleased to grant me access , & some freedom of speech with him ; and withal asked me the opinion of the people of him : I told him they reported his Lordship endeavoured to betray the Church of England to the Roman correspondency and communion . He at length very calmly and gravely thus replyed ; protesting with a serious attestation of his integrity before God's Omnis●ience , that however he might mistake in the mean and method , yet he never had other design than the glory of God , the service of his Majesty , the good order , peace and decency of the Church of England : that ●e was so far from complying with Papists , in order to confirm them in their Errors , that he rather cho●e such Methods to advance the honour of the reformed Religion in England , as he believed might soon silence the cavils of fiercer Papists , induce the more moderate Re●usants to come in to us , as having less visible occasion given them by needless D●stances and Disputes to separate from us ; which he thought arose much from that popular Variety , Inconstancy , Easiness , Irreverence , and Uncomliness , which might easily grow among us in the outward professi●n of Religion , for want of observing such uniformity and decency in Religion , as were required by the Laws and Canons of this Church and State. He added , that he had ( further ) a desire , as much as he could to relieve the poor and depressed condition of many Ministers , which he had to his grief observed in Wales and England , where their Discouragements were very great , by reason of the tenuity and incompetency of their Livings ; that in his Visitations he had sometime seen it with grief , among twenty Ministers , not one man had so much as a decent Garment to put on , nor did he believe their other treatment of Life was better● that he found the sordid and shameful Aspect of Religion and the Clergy , gave great Advantages to those that were Popishly inclined , who would hardly ever think it best for them to joyn with that Church which did not maintain either its own Honour , or its Clergy to some competency and comeliness . Much more discourses his Lordship was pleased to use at several times to this purpose , which commands my charity to clear him , as far as I can judge , of any tincture of Popery truly so called ; or of any superstition , which placeth a Religion in the nature and use of that thing which God hath not either particularly commanded , or in general permitted . I suppose he thought , that where God hath allowed to his Church , and to every private Christian ( so far as may consist with the Churches Order and Peace ) a liberty of ceremonious and circumstantial decency as to God's worship ; there neither himself was to be blamed , nor did he blame other men , if they kept within those discreet and inoffensive bounds , which either the Churches publick peace required , or its indulgence to promote Christians permitted . The Uniformity he pressed was not more advantageous to Religion , which must of necessity have been propagated , when Controversies had been turned to devotion , than it was necessary for the State ; which cannot be secure , as long as there is a mark of distinction , under which all Male contents may shrowd themselves ; a note of separation , whereby the Factions may reckon their parties , and estimate their strength , and a way open to popularity to the ambition of any whose interest or desperateness shall adventure to make himself head of so great a p●rty . He was a person of so great abilities ( which are the designations of nature to dignity and command ) that they raised him from low beginnings to the highest Office the Protestant profession acknowledgeth in the Church , and he was equal to it : His learning appeared eminent in his Book against Fisher , and his piety illustrious in his Diary : He was of so publick a spirit , that both the Church and S●ate have lasting Monuments of the virtuous use he made of his Princes favour ; at his admittance into w●ich , he dedicated all the future Emoluments of it to the glory of God , and the good of men , by a projection of many noble Works : most of which he accomplished , and had finished the rest , had not the fate of the Nation checked the current of his Design , and cut off the course of his Life . He was not contented by himself only to serve his Generation , ( for so he might appear more greedy of fame , than desirous of the universal benefit ) but he endeavoured to render all others as heroick , if they aimed at a capacity for his friendship : For ( I have heard it from his E●emies ) no great man was admitted to a confidence and respect with him , unless ●he made Address by some act that was for the common good , or for the ornament and glo●y of the Protestant faith . Learned men had not a better Friend , nor Learning itself a greater Advancer . He searched all the Libraries of Asia , and ●rom several parts of the world purchased all the Ornaments and helps of Literature ●e could , that the English Church might have ( if possible ) by his care , as many advantages for knowledge , as almost all Europe did contribute to the grandeur of that of Rome . The outward splendour of the Clergy was not more his care , than their honour , by a grave and pious conversation . He would put them into a power of doing more good , but was sore against their Vices and Vanities . He scorned a private Treasure , and his friends were rather relieved , than raised to any greatness by him . In his election of friends , he was determined to the good and wise , and such as had both parts and desires to profit . The Church had his closest embraces ; if otherwise it happened , their frauds , not his choice deserved the blame . Both Papists and Sect●ries were equally his Enemies ; one party feared , and the other hated his Vertues . Some censured his zeal for Discipline above the patience of the Times : but his greatest unhappiness was , that he lived in a factious Age , and corrupt State , and under such a Prince , whose Ver●ues not admitting an immediate approach for Accusations , was to be wounded with those i● did caress . But when Faction and Malice are worn out by time , Posterity shall engrave him in the Alb● of the most excellent Prelacy , the most indulgent Fathers of the Church● and the most injured Martyrs . His blood was accompanyed with some tears that fell from those Eyes that expected a pleasure at his death ; and it had been followed with Miseries , and the present Fears of Ruine exacted all the stock of Grief for other objects . His very enemy Sir Edward Deering would confess ; That let him dye when he would , St. Pauls would be his Monument , and his Book against Fishes his Epitaph . Observations on the Life of the Lord Keeper Littleton . SIr Edward Littleton , the eldest son of Sir Edward Littleton , of Mounslow in Shropshire , one of the Justices of the Marches , and Chief-Justice of North-Wales , was bred in Christ-Church in Oxford , where he proceeded Batchellor of Arts , and afterwards was one of the Justices of North-Wales , Recorder of London , and Sollicitor to King Charles . From these places he was preferred to be Chief-Justice of the Common-Pleas , and made Privy-Councellor ; thence advanced to be Lord-Keeper , and Baron of Mounslow , the place of his Nativity . He died in Oxford , and was buried in Christs-Church where he was bred : — Being a Member of the Parliament 1628. he had the management of the high presumption charged on the Duke of Buckingham about King Iames his death ; wherein he behaved himself so discreetly between the jealousi● of the People , and the honour of the Court , that Sir Iohn Finch would say , He was the only man for taking things by a Right handle . — And Sir Edward Cook , that He was a well-poized and weighed man. His very name carried an Hereditary credit with it , much plaineth out the way to all great Actions : his virtue being authorizing by his nobility , and his undertakings ennobled by his birth , gained that esteem , which meaner men attain not without a large compass of time and experience : worthless Nobility and ignoble worth lye under equal disadvantage . Neither was his extract so great as his parts ; his judgement being clear and piercing ; his Learning various and useful ; his skill in the Maxims of our Government , the fundamental Laws of his Monarchy with its Statutes and Customs , singular ; his experience long and observing ; his integrity unblemished and unbyassed ; his Eloquence powerful and majestick , and all befitting a Statesman and a Lord-Keeper : — set off with a resolved Loyalty that would perform the harshest service his Master could enjoyn him while he stayed at London , and follow the hardest fortune he could be in when at York , whither he went with the great Seal he knew made to stamp Royal Commissions , rather than authorize Rebellious Ordinances . At Oxford he did good service during the Session of Parliament by Accommodations there , and as good during their recess by his interest in the Country . Observations on the Life of the Marquess Hamilton . A Preacher being at a loss what to say of a party deceased , conclu●●d his Sermon with these words ; There is one good quality in this man , viz. That he was born , and that God made him : And another , viz. That he is dead , and we must speak no●hing but good of the dead . I may say of this Noble-man , that I have two reasons to speak well of him● 1. That good King Charles honoured him 3 and 2. That his wicked Subjects beheaded him , — otherwise I must leave these Queries as I finde them . Quaere 1. Why should Duke Hamilton post without leave into Scotland , when the Parliament was discontented , and the Duke of Buckingham murthered in England ? Qu. 2. Why should Ramsey the Dukes Messenger to the King of Sweden , play the Embassadour in Germany , and take place of all other persons there ? Qu. 3. What design was that which Elphyston , Borthrick , Meldrum , Uchiltry , &c. discovered one to another ? Qu. 4. What did Ramsey with the Pedigree of Hamilton derived from Iames I. King of Scots in Foreign parts ? Qu. 5. Why private Instructions had Meldrum to Scottish Officers in the Swedish Army ? Qu. 6. What was Meldrum , Alexander Hamilton , and other his Dependants , so preferred in the Scots Army ? Qu. 7. Why were there such Fears and Jealousies whispered in Germany of the English Government ? Qu. 8. Why was not Ramsey able to give a positive Answer at the Tryal by combate ? And why did the Marquess take him off before the Controversie was decided ? Qu. 9. Why is Huntley put by , and Hamilton made high Comm●ssioner ? Why is discontented Balcanquel employed to pen Declarations ? And why are the King's Papers , Letters , &c. taken out of his pocket , and betrayed to the Scots ? And why did the Arch-Bishop of Canterbury ( writing to the King ) wish him not to trust his own pockets with the Letter ? Qu. 10. Why doth his Mother ride with pistols at her Saddle-bow , leading all her Kindred and Vassals for the Covenant ? Qu. 11. Why is that time spent in posting to and fro to patch up a base Pacification with the Rebels , that might have been employed in suppressing them ? Q. 12. Why did the Bishops of Rosse and Bre●en , Sir Robert Spotswood , Sir Iohn Hay , the Earl of Sterling , ride post to England to intreat the King not to trust the Marquess ? Qu. 13. Why was there so much granted to the Covenanters in Scotland — yea and time given them to do their business ? Q. 14. Why did he forbear the Common-prayer at Dalkieth , and neglect to protest the Kings gracious Declaration ; the justice and clemency whereof had without doubt allayed the commotions ? Q. 15. Why did he not set out the King 's last Declaration before the Covenanters Protestation was our against it ? Qu. 16. Why was there nothing done with the Ships sent upon the coasts of Scotland ? Qu. 17. Why did he so caress his covenanting Mother , that the Scots could say ; The son of so ge●d a Mother could do them no harm ? Qu. 18. Why had he a hand in most of the Monopolies and Projects of England ? Q. 19. Why did he refuse to contribute as others had done to the Scots Wars ? Q. 20. Why did he intercede for Lowndon's ●elease , notwithstanding the trait●rous Letter to the French King was his hand ? Qu. 21. How comes Montross to be flighted by the gracious King at first ? And when he offered his service again , how came his Letters into the Covenanters hands at Newcastle ? Qu. 22. Why did he and Argyle raise such Fears and Jealou●ies in Scotland and England by withdrawing suddenly from the Court , under pre●ence forsooth of danger to their persons ? Qu. 23. Why could not the King hear of the Scots design to invade England , 1643. before Montross posted first to Oxford , and then to Glo●cester to tell him of it , though the Marquess was all the while in Scotland ? Qu. 24. And yet why was that noble person mistrusted till the Kings interest was lost in that Country ? Qu. 25. Why was he and his brother imprisoned at Oxford ? And why did the King say , Nay , if Hamilton leads them , there is no good to be done for me ? Qu. 26. Why did the King say , That he must dispose of the Master of the Horse place to the Earl of N. That my Lord Cottington was the fittest man for the Treasury , and that Sir Edward Hyde was the onely man he could trust with the Secretaries affairs ? Being loth that D. H. should return to an oppo●tu●ity of recozening them : Questions these , that shew , After-ages can scan great mens lives with the same liberty that they live them . Observations on the Life of Sir Ralph Hopton . GEntile was this excellent person's extraction in the West of England , and man-like his Education in the Low-Countreys , that School of War , where Sir William Waller and he learned in one Camp , what they practised in two : The one being no less eminent for his service under his late Majesty of blessed memory , than the other was for his against him . The one was the best Soldier the King had ; the other the most experienced that the pretended Parliament boasted of . None fitter to balance Sir Ralph Hopton's success ; none likelier to understand his stratagems ; none abler to undermine his designs , than his Fellow-soldier , Sir William , who understood his method as well as he was acquainted with his person . Both were equally active , both equally vigilant . But what better character of this Heroe , than that which his Master gave him in his Patent for Baron , which is his history as well as his honour ? Carolus Dei Gratià Angliae , &c. Cum & Nominis nostri & Posteritatis interest , & ad clara Exempla propaganda utilissimè compertum , palam fieri omnibus praemia , apud nos virtuti sita , nec perire fidelium subditorum officia , sed memori & benevolo pectore fixissimè insi dere : His praesertim temporibus cum plurim●m ( quibus antehac nimium indulsimus ) temerata , a●t suspecta fides , pretium aliorum constantiae addidit . Cumque nobis certo const at Radulphum Hopton Militem de Balneo splendidis & Antiquis Natalibus ; tum in c●tera sua vita integritatis & mori● eximium , tum in hac novissima tempestate , fatalique Regni & rebel●i motu , rari animi fideique exemplum edidisse , Regiae dignitatis in eaque publicae contra utriusque adversarios assertorem & vindic●m acerrimum . Quippe quia non solum nascenti huic Furori ( nec dum omnibus manifesto ) optimis consiliis fortis in c●ria Senator restiterit ; sed insinuante se latius veneno , & crescente ferocia domum ad suos reversus fortior Miles in Agro suo Somersetensi & vicinis partibus omni ope & manu iniquissimam causam oppugnaverit , in Arce praesertim Sherborniana , sub Auspiciis Marchionis Hertfordiae egregiam operam navaverit . Mox ulterius progre●●us pollenti in Devonia factionis Tyrannide , & munitissima civitate in foedus illecta , & jam undique bonis subditis perniciem minante , ipse penè in illa Regione Hospes , contracto è Cornubia Milite● & primoribus statim impetum ●aru● repressit jacentesque & afflictas nostras partees mirifica virtute recreavit . Et licet summis necessitatibus conflictanti exigua pars Negotii hostes erant , tantum ab●uit ut vel illis , vel istis succumberet , ut contra copiis auctiores , & bellico apparatu instructissimas , saepius signis Collatis in acie dimicans semper superior excesserit : Testis Launcestonia , Saltash , Bradock , aliaque obscura olim nomina & ●oca , nunc victoriis illius & perduellium cladibus Nobilitat● Vix etiam ab his respiraverit , cum novus belli furor Lassas jam fere & continuis praeliis laxatas vires Numerocissimo exècitu adortus , uberiorem triumphandi dedit materiam . Cum ille in campis Stratto●iae , in difficillimas licet Augustias redactus , inops militaris instrumenti , & consumpio jam pulvere tormentario , armatos inermis , Vallo munito inter sola causa & virtute animatus , ita re●udit , concidit , castris exuit , ut ●totum belli molem cum ipsis Authoribus profligavit ; Quicquid fugae illius residuum erat , inter urbis unius Moenia eaqu● arcta obsidione astricta concl●so . Qua quidem pugna memorabili , praeter quod miserum popellum , jugo intolerabili levaverat , sedes suas expulsis , Ecclesias Pastoribus , pacem omnibus , & Firmamentum pacis obsequium pristinum restituerit . Et jam sequenti armorum nostrorum f●elicitate qua partes Regni occidentales maturius ad officium & verum Dominum redierunt , & viam apperuisse & momentum ingens extitisse libentissimè profitemur ; In hac opera landabili cum praefatus Radulphus perstiterit adhuc in victo animo & industria indefessa nullo ard●o quantumvi● labore & periculo excusatus , cumque mille argumentis testatum fecerit , Honorem salutemque nostram sibi omni fortuna & capite potiorens , nos virum fortissimum optimeque affectum animum benigno studio prosequi & amplius demereri volentes , hunc & praec●nio merito ornandum , & propiori ad nos gradu extollendum censuimus . Sciatis igitur nos de gratia nostra speciali , ac ex certa scientia mero motu praefatum Radulphum Hopton ad statum , gradum , stylum , Dignitatens , Titulum and Honorem Baronis Hopton de Stratton in Comitatu nostro Cornubiae , &c. In cujus rei Testimonium has Literas Nostras fieri fecimus Patentes . Teste meipso apud Oxon. quarto die Sep●embris , Anno Regni Nostri Decimo nono . His two great Actions , the one at Liscard , the other at Stratton , cannot be better described than by an Eye-witness , whose words are these as he saith , out of a Manuscript corrected with Sir Ralph 's own hand , communicated to him by his Secretary Mr. Tredus . At Liscard a little before the Fight began , the King's party took it into seasonable consideration , that seeing by the Commission of the Lord Mohun brought from Oxford , four persons ( viz. the said Lord Mohun , Sir Ralph Hopton , Sir Iohn Berkley , and Colonel Ashburnham ) were equally impowered in the managing of all Military ma●ters : And seeing such equality might prove inconvenient ( which hitherto had been prevented with the extraordinary moderation of all parties ) in ordering a Bat●el , it was fittest to fix the power in one chief ; and general consent setled it in Sir Ralph Hopton : He first gave order that publick Prayers should be read in t●e head of every Squadron , and it was done accordingly ; and the Enemy observing it , did stile it saying of Mass , as some of their Prisoners afterwards did confess . Then he caused the Fo●t to be drawn up in the best order they could , and placed a Fo●lorn of Musquetiers in the little I●closures , winging them with the few H●rse and Dragoons he had . This done , two small Mynion Drakes speedily and secretly fetched from the Lord Mohun's house , were planted on a lit●le B●rrough within random-shot of the Enemy ; yet so , that they were covered out of their sight with small parties of Horse about them . These concealed Mynions were twice discharged with such success , that the Enemy quickly quitted their ground● : And all their Army being put into a rout , the King's Forces had the exe●ution of them ; which they performed very sparingly , taking 1250 prisoners , all their Cannon and Ammunition , and most of their C●lours , and Arms ; and after publick Thanks , taking their repose at Liscard . Stratton Fight succeeds on Tuesday the 16th of May , 1643. The King's Army wants Ammun●tion , and hath a steep hill to gain , with all disadvantage and danger ; the Horse and Dragoons being not above five hundred , and the Foot two thousand four hundred . The Parl. Forces were well furnished and barricado●d upon the top of the hill , their Foot 3400. and their Horse not many indeed , having dispatched 12●0 to surprize the Sheriff and Commissioners at Bodmin . On the King's side , order was given to force the passage to the top of the Hill by four several Avenues : the ascent was steep and difficult ; resolutely did his Majesties Forces get up , and obstinately did the Enemy keep them down . The Fight continued doubtful , with many countenances of various events ( from five in the Morning , till three in the Afternoon ) amongst which most remarkable , the smart charge made by M. G. Chudleigh , with a stand of Pikes on Sir Bevil Greenvil , who fell nobly himself , and had lost his squadron , had not Sir Iohn ( now Lord Berkley , who ●ed up the Musquetiers on each side of Sir Bevil ) seasonably relieved it , so resolutely reinforcing the Charge , that Major-General Chudleigh was taken Prisoner● Betwixt three and four of the Clock the Commanders of the King's Forces , who embraced those four several ways of ascent , met to their mutual joy almost at the top of the hill , which the routed enemy confusedly forsook . In this service , though they were Assailants , they lost very few men , and no considerable Officer , killing of the Enemy about three hundred , and taking seventeen hundred prisoners , all their Cannon ( being thirteen pieces of brass Ordnance ) and Ammunition ( seventy barrels of powder ) with a Magazine of Bisket and other provision proportionable . For this victory publick Prayer and Thanksgiving was made on the hill ; then the Army was disposed of to improve their success to the best advantage . — Nothing had funk this great spirit , but the fate of Kingdoms , with whose ruine only he was contented to fall , and disband his brave Soldiers upon honourable terms . Five things made my Lord Hopton so eminently serviceable . 1. His great insight into the designs , and prudent foresight of the events of present Councels ; which when most doubted and wavered , gave him that resolution that undertook great difficulties , and bore up against greater . 2. His experience of War in general , and his acquaintance with that seat of it committed to him in particular . 3. His renown all over the Kingdom for piety and moderation , and within his own association for hospitality , civility , and charity . 4. His name among the Enemies , as considerable for his generousness and justice , as for his valour and conduct . 5. His Estate , that set him above mercenariness ; and his care for money , that set his Soldiers above need , the occ●sion of mutinying among themselves , or of incivilities towards others . Observations on the Life of the Earl of Carnarvan . RObert Dormer Ar. was on the tenth of Iune 1615. made Baronet by King Iames , and on the 30 day of the same month was by him created Baron Dormer of Wing in Buckinghamshire . His Grand-child Robert Dormer was by K. Charles in the 4th of his Reign created Viscount Ascot , & Ea●l of Carnarvan . He lost his life fighting for him who gave him his honour , at the first Battel of Newbury . Being sore wounded , he was desired by a Lord , to know of him what suit he would have to his Majesty in his behalf , the said Lord promising to discharge his trust in presenting his request , and assuring him , that his Majesty would be wi●ling to gratifie him to the utmost of his power . To whom the Earl replyed , I will not dye with a Suit in my mouth to any King , save to the King of Heaven . By Anne da●ghter to Philip Earl of Pembrook & Montgom●ry , he had Charles , now Earl of Carnarvan . From h●● noble Extract , he received not more honour than he gave it : For the blood that was conveyed to him through so many illustrious veins , he derived to his Children more matured for renown , and by a constant practice of goodness more habituated to vertue . His youth was prepared for action by study , without which even the most eminent parts of Noble-men seem rough and unple●sant , in despight of the splendor of their fortune : But his rip●r years endured not those retirements , and therefore brake out into manlike exercises at home , and travel abroad . None more noble , yet none more modest ; none more valiant , yet none more patient . — A Physician at his Father-in-Law's Table gave him the Lye ; which put the company to admire on the one hand the man's impudence , and on the other my Lord's mildness , until he said , I 'll take the Lye from him , but I 'll never take Physick of him — He may speak what doth not become him , I 'll not do what is unworthy of me — A vertue this ! not usual in Noble-men , to whom the limits of Equity seem a restraint , and therefore are more restless in Injuries . In the mi●dest of horror and tumults his soul was serene and calm . As humble he was as patient . Honour and nobility , to which nothing can be added , hath no better way to increase , than when secured of its own greatness , it humbleth it self , and so at once obligeth love● and avoideth envy . His carriage was as condescending as heroick , and his speech as weighty as free . He was too great to envy any mans parts and vertues , and too good not to encour●ge them . Many a time would he stoop with his own spirit , to raise other mens . — He neglected the minute and little circumstances of compliance with vulgar humors , aiming at what was more solid and more weighty : Moderate men are appl●uded , but the Heroick are never understood . Constant he was in all that was good : this was his heroick expression when solici●ed by his Wives Father to desist from his engagement with the King , Leave me to my Honour and Allegiance . No security to him worth a breach of Trust ; no interest worth being unworthy . His conduct was as eminent in War , as his carriage in Peace ; many did he oblige by the generosity of his mind , more did he awe with the hardness of his body ; which was no more softned to sloath by the dalliances of a Court , than the other was debauched to a carelesness by the greatness of his Fortune . His prudence was equal to his valour , and he could entertain dangers as well as despise them ; for he not only undeceived his enemies surmises , but exceeded his own friends opinion in the conduct of his soldiers , of whom he had two cares ; the one to discipline , the other to preserve them . Therefore they were as compleatly armed without , as they were well appointed within ; that surviving their first dangers ; they might attain that experience & resolution w ch is in vain expected from young and raw soldiers . To this conduct of a General , he added the industry of a Soldier , doing much by his performances , more by his example , ●hat went as an active soul to enliven each part , & the whole of his brave Squadron . But there is no doubt but personal and private sins may oft-times over-balance the justice of publick eng●gements . Nor doth God account every Gallant a fit instrument to assert in the way of war a righteous cause ; the event can never state the justice of any cause , nor the peace of mens consciences , nor the e●ernal fate of their souls . They were no doubt Martyrs who neglected their lives , and all that was dear to them in this world , having no advantageous design by any innovation , but were religiously sensible of those tyes to God , the Church , their King , their Countrey ; which lay upon their souls , both for obedience and just assist●nce . God could , and I doubt not but he did through his mercy crown many of them with eternal life , whose lives were lost in so good a cause : the destruction of their bodies being sanctified as a means to save their souls . Observations on the Life of the Lord Herbert of Cherbury . EDward Herbert , son of Richard Herbert Esq and Susan Newport his Wife , was born at Montgomery-Castle , and brought to Court by the Earl of Pembrook , where he was Knighted by K. Iames , who sent him over Embassador into ●rance . Afterwards K. Charles the first created him Baron of Castle-Island in Ireland , and some years after Baron of Cherbury in Montgomeryshire . He was a most excellent Artist and rare Linguist , studied both in Books and Men , and himself the Author of two Works most remarkable , viz. A Treatise of Truth , written in French , so highly prized beyond the Seas , and ( they say ) it is ext●nt at this day with great Honour in the Popes Vatican ; and an History of King Henry the Eighth ; wherein his Collections are full and authentick ; his observation judicious ; his connexion strong and cohaerent , and the whole exact . He married the Daughter & sole Heir of Sir William Herbert of St. Iulians in Mo●mouth-shire , with whom he had a large Inheritance in England and Ireland ; and died in August , Anno Dom. 1648. having designed a fair Monument of his own invention to be set up for him in the Church of Montgomery , according to the model following ; Upon the ground a Hath pace of fourteen foot square , on the middest of which is placed a Dorick Column , with its right of Pedestal Basis , and Capitols fifteen foot in height ; on the Capitol of the Column is mounted an U●● with a Heart Flamboul , supported by two Angels . The foot of this Column is attended with four Angels , placed on Pedestals at each corner of the said Hath-pace , two having Torches reverst , extinguishing , the Motto of Mortality ; the other two holding up Palms , the Emblems of Victory . When this noble person was in France , he had private Instructions from England to mediate a Peace for them of the Religion ; and in case of refusal , to use certain menaces . — Accordingly being referred to Luynes the Constable and Favourite of France , he delivereth him the Message , reserving his threatnings till he saw how the matter was relished . — Luynes had hid behind the Curtain a Gentleman of the Religion , who being an Ear-witness of what passed , might relate to his friends what little expectations they ought to entertain from the King of England's intercession . Luynes was very haughty , and would needs know what our KING had to do with their affairs : Sir Edward replyed ; It 's not you to whom the King my Master oweth an account of his actions : and for me , it 's enough that I obey him . In the mean time I must maintain , That my Master hath more reason to do what he doth , than you to ask why he doth it ? Nevertheless , If you desire me in a gentle fashion , I shall acquaint you further . Whereupon Luynes bowing a little , said , Very well . The Embassador answered ; That it was not on this occasion only , that the King of Great Britain had desired the Peace and prosperity of France , but upon all other occasions , when ever any War was raised in that Countrey ; and this he said was his first reason . The second was , That when a Peace was setled there , his Majesty of France might be better disposed to assist the Pala●inate in the affairs of Germany . Luynes said , We will have none of your advices . The Ambassador replyed , That he took that for an Answer , and was sorry only that the affection and the good will of the King his Master was not sufficiently understood ; and that since it was rejected in that manner , he could do no less than say , That the King his Master knew well enough what he had to do . Luynes answered ; We are not afraid of you . The Embassador smiling a little , replyed , If you had said you had no● loved us , I should have believed you , and made another answer : In the mean time , all that I will tell you more is , That we know very well what we have to do . Luynes hereupon rising from his Chair , with a fashion and countenance a little discomposed , said , By God , If you were not Monsieur the Embassador , I know very well how I would use you . Sir Edw. Herbert rising also from his Chair , said ; That as he was his Majesty of Great-Britain's Embassador , so he was also a Gentleman , and that his Sword whereon he laid his hand , should do him reason if he had taken any offence . After which Luynes replying nothing , the Embassador went on his way toward the door ; and Luynes seeming to accompany him , he told him there was no occasion to u●e such Ceremony after such Language ; and so departed , expecting to hear further from him : But no Message being brought him from Luynes , he had in pursuance of his Instructions a more civil Audience of the King at Coigna● , where the Marshal of St. Geran told him he had offended the Constable , and he was not in a place of security here : whereunto he answered ; That he held himself to be in a place of security wheresoever he had his Sword by him . Luynes resenting the affront , got Cadenet his brother , Du. of Chaun , with a ruffling train of Officers ( whereof there was not one , as he told K. Iames , but had killed his man ) as an Embassador extraordinary to mis-report their Traverses so much to the disparagement of Sir Edw. that the Earl of Carlisle , sent to accommodate Le Mal Entendu that might arise between the 2 Crowns , got him called home ; until the Gentleman behind the Curtains , out of his duty to truth and honour , related all circumstances so , as that it appeared , that though Luynes gave the first affront , yet Sir Edward kept himself within the bounds of his Instructions and Honour , very discreetly and worthily . — Insomuch that he fell on his knees to King Iames before the Duke of Buckingham , to have a Trumpeter , if not an H●rald sent to Monsieur Luynes , to tell him , that he had made a false Relation of the passages before-mentioned , and that Sir Edward Herbert would demand reason of him with Sword in hand on that point . — The King answered , he would take it into consideration : But Luynes a little after died , and Sir Edward was sent Embassador to France again , and otherwise employed so , that if it had not been for Fears and Jealousies , the ba●e of publick services , he had been as great in his Actions , as in his Writings ; and as great a Statesman , as he is confessed a Scholar . Observations on the Life of the Lord Capel . HIs privacy before the War was passed with as much popularity in the Country , as his more publick appearance in it was with valour and fidelity in the Field : In our too happy time of Peace none more pious , hospitable , charitab●e and munificent : In those more unhappy of our Differences none more reserved , Loyal , and active . The people loved him so well , that they chose him one of their Representatives ; and the King esteemed him so much , that he sent for him as one of his Peers in that Parliament , wherein the King and people agreed in no one thing , save a just kindne●s for my Lord Capel , who was one of those exce●lent Gentlemen , whose gravity and discretion ( the King saith ) he hoped would allay and fix the Faction to a due temperament ( guiding some mens well-meaning Zeal by such rules of moderation , as are best both to preserve and restore the health of all States and Kingdoms ) keeping to the dictates of his conscience , rather than the importunities of the people ; to what was just , that what was safe , save only in the Earl of Strafford's case , wherein he yielded to the publick Necessity with his Royal Master , but repented with him too , sealing his contrition for that miscarriage with his blood , when he was more troubled for his forced consent to that brave person's death , than for losing his own life ; which he ventured throughout the first War , and lost by his Engagement in the second . For after the surrender of Oxford , he re●ired to his own house , but could no● rest there , until the King was brought home to his ; which all England endeavouring as one man● my Lord adventured himself at Colchester to extremity , yielding himself upon condition of Quarter , which he urged by the Law of Arms , that Law that ( as he said on the Scaffold ) governeth the world , and against the Laws of God and Man ( they are his own words ) for keeping the fifth Commandment , dying on the Scaffold at West●●nster , with a courage that became a clear conscience , and a resolution befitting a good Christian ; expressing that judicious piety in the Chamber of Meditation at his death , that he did in his a Book of Meditation in his life : a piety that ( as it appeared by his dismission of his Chaplain , and the formalities of that time 's devotion , before he came to the Scaffold ) was rather his inward frame and habit , than outward ostentation or pomp ; from the noble S●ntiments whereof ( as the Poet ( not unhappily alluding to his Arms ; A Lyon rampant in a Field Gules between three crosses ) expresseth it ) Our Lyon-like Capel undaunted stood , Beset with Crosses in a Field of blood . as one that affrighted death , rather than was afrighted by it — It being very observable , that a learned Doctor of Physick present at the opening and embalming of this noble Lord , and Duke Hamilton , delivering at a publick Lecture , that the Lord Capel's was the least heart , and the Duke 's the greatest that ever he saw ; agreeable to the observation in Philosophy , that the spirits contracted within the least compass , are the cause of the greater courage . Three things are considerable in this incomparable person . 1. His uninterrupted Loyalty keeping pace with his Life ; for his last breath was spent in proclaiming K. Charles the II. in the very face of his Enemies , as known to him to be a vertuous , noble , gentle , just , and great Prince ; a Perfect Englishman in his inclination . 2. His great merits and modesty , whereof K. Charles I. writes thus to his excellent Queen ; There is one that doth not yet pretend that doth deserve as well as any , I mean Capel ; Therefore I desire thy assistance to find out something for him before he ask . 3. The blessing of God upon his noble , but suffering Family , who was a Husband to his excellent Widow , and a Father to his hopeful Children , whom not so much their birth , beauty , and portion ( though they were eminent for these ) as their Vertues , married to the best Bloods and Estates in the Land , even when they and the Cause they suffered for were at the lowest . It 's the happiness of good men , though themselves miserable , that their seed shall be mighty , and their Generation blessed . Observations on the Life of Bishop Andrews . I Have much a-do to prevail with my own hand to write this excellent Prelate a Statesman of England , though he was Privy-Councellor in both Kingdoms : For I remember that he would say when he came to the Council-Table ; Is there any thing to be done to day for the Church ? If they answered Yea , then he said , I will stay — If No , he said , I will be gone . — Though yet this be an instance of as much prudence as any within the compass of our Observation : So safe is every man within the circle of his own place , and so great an argument of abilities hath it been always confessed , to know as well what we ought , as what we can , especially in Clergy-men , whose over-doing doth abate their reverence , and increase their envy , by laying open those defects and miscarriages , which are otherwise hallowed , or at least concealed in the mystick sacredness of their own function . Not but that men of that gravity and exactness , of that knowledge and experience , of that stayedness and moderation , of that sobriety and temperance , of that observation and diligence as Bishops are presumed to be , were in all Governments judged as fit to manage publick affairs , as men of any other professions whatever , without any prejudice to the Church ; which must be governed as well as taught , — and managed as well as a society dwelling in the world , as under the notion of a peculiar people taken out of it . — His successful skill in dea●ing with the Papists under my Lord of Huntington President of the North ; and with the Puritans under Doctor Cosin , an Ecclesiastical Officer in the South , recommended him to Sir Francis Walsingham's notice , as a person too useful to be buried in a Country-Living ; who thereupon intended to set up his Learning in a Lecture at Cambridge , to confute the Doctrine of Rome ; unti● Queen Eliz. resolved to set up his prudence in other Employments at Court , to countermine its policy : where I know not whether the acuteness of his Sermons took most with the most Learned ; the devotion of them with the most pious ; or the prudence of them with the most Wise — ( it hath been one thin● always to Preach learnedly , and another thing to preach wisely ) for to the Immensity of his Learning , he added excellent Principles of politick prudence , as a governour of the Church , and a Councellor of State , wherein he was conspicuous ; not for the crafty projects and practices of policy , or for those finister ways of Artifice and subtlery , or the admired depths of Hypocrisie called reason of State ; no● the measures and rules of his Politicks and Prudentials were taken from the great experience he had gotten , and many excellent observations he had made out of all Histories , as well Humane as Divine : though he always laid the greatest weight upon the grounds and instances of holy Scripture , which gives the truest judgement of wisdom or folly ; considering the mixture of State-affairs , with tho●e of the Church in Christian Common-wealths , and the fitness of sober and discreet Clergy-men for those of the State in all . It 's a wonder how Clergy-men come to be excluded publick Councils at any time : but observing Bishop Andrews his insight into the Fundamental constitution of our State , as appears from his Speech in the Countess of Shrewsbury's Case : His distinct foresight o● the consequences of Affairs , evident in his speech against Thraske : His circumspect care of the Publick , visible in his Petition to King Iames then sick at New-Market ; that the P●ince then under Scotch Tutors be educated by well-principled men , the occasion that King Iames took to bring him up himself so exactly in the Doctrine and Discipline of o●r Church , that it 's a question whether he was more by his Pen or Sword , his Scepter or his Style , The Defender of the Faith : — His wond●rful skill in the government of this Church , discerned by ●he excellent King Charles , in that he sent so many Bishops to consult with him , 1625. what was to be done for the Church in that Parliament : His caution and moderation , in ●hat he never , unless upon gre●t considerations , innovated in his Church , b●t left things in the same decency and order he ●ound them ( knowing that all alterations have ●heir dangers ) I am astonished to think , that B●shops should be forbidden secular employment in our time . — Who hath more ampleness and compleatness ( saith Bishop Gauden ) for a good man , a good Bishop , a good Christian , a good Scholar , a good Preacher , and a good Counsellor , than Bishop Andrews , a man of an astonishing excellency both at home and abroad ? Observations on the Life of Henry Mountague Earl of Manchester . HEnry Earl of Manchester , third son to Sir Edward Mountague , Grand-childe to Sir Edward Mountague Lord Chief-Justice of the King's Bench in King Edward the sixth's time , was born at Boughton in Northampton-shire . One skilful in mysterious Arts , beholding him when a School-boy , foretold that by the pregnancy of his parts , he would raise himself above the rest of his Family ; which came to pass accordingly : He being bred first in Christs-Colledge in Cambridge , then in the Middle Temple , where he attained to great Learning in the Laws ; passed through many preferments , as they are reckoned up , viz. 1. Sergeant at L●w. 2. Knighted by K. Iames , Iuly 22. 1603. 3. Recorder of London . 4. Lord Chief-Justice of the King's Bench , Novemb. 18. 1616. 5. Lord Treasurer of England , Decemb. 16. 1620. 6. B●ron of Kimbolton . 7. Viscount Mandevile . 8. President of the Council , Sept. 29. 1631. 9. E●rl of Manchester . 10. Lord Privy-Seal . He wisely perceiving that Courtiers were but as Counters in the hands of Princes , raised and depressed in valuation at pleasure , was contented rather to be set for a smaller sum , than to be quite put up into the box . Thus in point of place and preferment , being pleased to be what the King would have him ( according to his Motto , Movendo non mutando me ) he became almost what he would be himself , finally advanced to an Office of great Honour . When Lord Privy-Seal , he brought the Court of Requests into such repute , that what formerly was called the Alms-Basket of the Chancery , had in his time well-nigh as much meat in , and guests about it ( I mean Suits and Clients ) as the Chancery it self . His Meditations of Life and Death , called Manchester Almondo , written in the time of his health , may be presumed to have left good impressions on his own soul , preparatory for his dissolution , which happened 164 — T●e Office of Lord Treasurer was ever beheld as a place of great charge and profit . My Lord being demanded what it might be worth per ann . made this answer ; That it might be some thousands of pounds to him ( who after death would go instantly to heaven ) twice as much to him who would go to Purgatory , and a Nemo scit to him who would adventure to a worse place . But indeed , he that will be a bad husband for himself in so advantagious a place , will never b● a good one for his Soveraign . Observations on the Life of Sir Henry VVotton , with some Account of his Relations . SIr Henry Wotton first having re●● of his Ancestor Sir Robert Wotton , the noble Lieutenant of Guisnes , and Comptroller of Callais , in King Edward the fourth's days , His Grand-father Sir Edward Wotton , that refused to be Chancellor of England in King Henry the Eighth's time . 2. Having known his Father Sir Thomas Wotton , one of the most Ingenuous modesty , the most Ancient freedom , plainness , single-heartedness , and integrity in Queen Elizabeths Reign : His Brothers Sir Edward Wotton , the famous Comptroller of Queen Eliz. and K. Iames his Court , since Lord Wotton , & Baron Morley in Kent ; Sir Iames Wotton ( with R. Earl of Essex , Count Lodowick of Nassaw , Don Christophoro , son of Antonio King of Portugal , &c. ) Knighted as an excellent Soldier at Cadiz : Sir Iohn Wotton the ●ccomplished Traveller and Scholar , for whom Q●een Eliz. designed a special favour : — His Uncle Nicholas Wotton , Dean of Canterbury and York , nine times Embassador ●or the Crown of England ( ●e that was one of King Henry's Execu●ors , King Edward's Secretary of State , Queen Mary's right hand● a●d ( that refused the Arch-Bishoprick of Ca●t●rbury in Queen Eliz. days . ) 3. Being bred 1. In Winchester , that eminent School for Discipline and Order . 2. In New-Colledge and Queens , those famous Colledges for the method of Living by rule , could promise no less than he did in his solidl● se●tentic●● , and discreetly humoured Play at Queens , called Tancredo , in his elega●t Lecture of the nobleness , manner , and use of Seeing , at the Schools ( for which the learned Albericus Gentilis called him , Henrice Mi Ocelle , and communicated to him his Mathemati●● his Law , and his Italian learning ) in his more particular converse with Doctor Donne and Sir Richard Baker in the University , and his more general conversation with Man-kind in travels for one year to France and Geneva , ( where he was acquainted with Theodore Beza , and Isaac Casa●bon , at whose Fathers he lodged ) for eight years in Germany , for five in Italy , whence returning balanced with Learning and Experience , with the Arts of Rome , Venice , and Florence ( Picture , Sculpture , Chimistry , Architecture ) the S●crets , Lang●ages , Dispositions , Customs , and Laws of most Nations , set off with his choice shape , obliging behaviour , sweet discourse , and sha●p wit , he could perform no less ●han he did , 1. In the unhappy relation he had to the Earl of Essex , first of Friend , and afterward of Secretary . 2. In his more happy Interest by his Sec●etary Vietta ( upon his flight out of England after the Earl's apprehension ) with the Duke of Tuscany , then the greatest pa●ron of Learning and Arts in the world ; who having discovered a design to poyson King Iames , as the known successor of Queen Elizabeth , sent Sir Henry Wotton with notice of the plo● , and preservatives against the poyson , by the way of Norway into Scotland , under the borrowed name of Octavio Baldi ; where after some suspicion of the Italian message , discovering himself to the King by David Lindsey's means , he was treated with much honour , complacency , and secrecy for three months . Afte●●hich time he returned to Florence , staying the●e till King Iames enquiring concerning him of my Lo●d Wotton the Comptroller ; the great Duke advised his return to congratulate his Majesty , as he did ; the King embracing him in his arms , & calling him the best , because the honest est Dissembler that he met with : and Knighting him by his own name . Adding withal ; That since he knew●he wanted neither Learning nor Experience ; neither Ab●lities nor Faithfulness , he would employ him to others , as he was employed to him ; which accordingly he did to Venice , the place he chose as most suitable to his retired Genius , and narrow Estate ; where , 1. Studying the dispositions of the several Dukes and Senators . 2. Sor●ing of fit Presents , curious , and not costly Entertainments , sweetned with various and pleasant discourse , particularly his elegant application of Stories : He had such interest , that he was never denyed any request ; whereby he did many services to the Protestant interest ( with his Chaplain Bishop Biddle , and Padre Pauloe's assistance ) during the Controversie between the Pope and the Venetians , especially in transmitting the History of the Councel of Trent , sheet by sheet to the King and the Arch-Bishop of Canterbury as it was written : And in his three Embassies thither , gained many Priviledges for the English along all those Coasts . In the second of which Embassies , calling upon the Emperour , he had brought Affairs to a Treaty , had not the Emperours success interposed ; whereupon he took his leave , wishing that Prince to use his Victory soberly ; an advice his carriage indeared to his Majesty , together with his person , so far , that he gave him a Diamond worth above a thousand pounds , which he bestowed on his Hostess , saying , He would not be the better by a man that was an open Enemy to his Mistress , so the Queen of Bohemia wa● pleased he ●should call her : — Onely while abroad , and writing in the Album that friends have this sentence , Legat usest vir bonus peregre missus ad mentiendum reipublicae causa , whereof Scioppius made a malicious use in his Books against King Iames. He lo●t himself a while for using more freedom abroad than became his Employment , until his ingenuous , clear , and choicely eloquent Apologies recovered him to more respect and cautiousness , until he writ Invidiae Remedium over his Lodgings at Eaton-Colledge , the Provostship whereof he obtained in exchange for the reversion of the Mastership of the Rolls , and other places promised him ; Where looking upon himself in his Surplice , as Charles 5. or Philip 2. in Cloysters , his Study was divine Meditations , History and Characters : His recreation Philosophical conclusions , and Angling ; which he called his idle time not idly spent , saying , he would rather live five May moneths , than forty Decembers : His Table was exquisite , where two youths attended , upon whom he made the observations that were to furnish his designed discourse of Education : His Histories and Observations remarkable , his Apophthegms sage and quick . 1. Being in a Popish Chappel , a merry Priest that knew him , sent a Paper to him , with this question ; Where was your Religion before Luther ? Under which he writ ; Where yours is not , in the written word of God. 2. Being asked , whether a Papist could be saved ? He replyed ; You may be saved without knowing that : look to your self . 3. Hearing one ●ail against Arminius & Popery , he answered , Sir , he that understands amiss , concludeth worse : — If you had studied Popery so much as I have , and knew Arminius so well as I did ; how learned , how strict , and how rare a man he was , you would not fall so foul on his person , nor think that the further you go from the Church of Rome , the nearer you are to God. 4. One pitched upon for Embassador , came to Eaton , and requested from him some Experimental rule for his prudent and safe carriage in his Negotiation ; to whom he smilingly gave this for an infallible Aphorism : That to be in safety himself , & serviceable to his Country , he should alwayes , and upon all occasions speak the truth ; For ( said he ) you shall never be believed ; and by this means your truth will secure your self , if you shall ever be called to any account : and it will also put your Adversaries ( who will still h●nt counter ) to a loss in all their disquisitions and undertakings . 5. And when he made his Will two years before he died , out of policy to let the King understand his Debts and Arrears ( to which end he bestowed in that Will on his Majesty , Sir Nicholas Throgmorton's Papers of Negotiation in Queen Elizabeth's dayes : on the Queen , Dioscorides in Tuscany , with the Herbs naturally coloured : on the Prince , the Queen of Bohemia's picture : on my Lord of Canterbury , the picture of Divine love : to my Lord of London , high Treasurer , Heraclitus and Democritus ; and to Secretary Windebanke old Bastano's four Seasons ) he directed that this onely should be written on his plain Marble : Hic jacet hujus sententiae primus auctor ; Disputandi Pruritus fit Ecclesiarum Scabies : Nomen alias quaere : 7. Going yearly to Bocton for the connaturalness of that Air , and to Winchester or Oxford for Recreation , he would say to his friends ; How useful was that advice of a holy Monk , who perswaded his friend to perform his customary devotion in a constant place , where his former thoughts might meet him ; for ( said he ) at my being at that School , seeing the place where I sate when I was a boy , occasioned me to remember my youthful thoughts ; sweet thoughts indeed , that promised my growing years numerous pleasures , without mixture of cares , and those to be enjoyed when time ( which I thought slow-paced ) changed my youth to man-hood ; and now there are a succession of Boys using the same recreation , & questionless possessed with the same thoughts . Thus one generation succeeds another both in their Lives , Recreations , Hopes , Fears , and Deaths . 8. There are four things that recommend Sir Henry Wotton to posterity : 1. That King Charles took great pleasure in corresponding with him in Letters . 2. That my Lord Bacon took great pains in collecting his Apophthegmes . 3. That Sir Richard Baker , who submitted most of his Writings to his Censure , said of him ; That the Kingdom yielded not a fitter man to match the Capriciousness of the Italian wits . And 4. That his work of Architecture is translated into Latine , printed with Vitruvius , and this Elogy prefixed : Henricus Wottonus Anglo-Cantianus Tho. optimi viri Filius Natu minimus a serenissimo Jacobo I. Magnae Britanniae , &c. Rege in Equestrem titu●um ascitus , ejusdemque ter ad Remp. Venetam Logatus Ordinarius , semel ad Confaederatarum Provinciarum Ordines in Iuliensi Negotio ; bis ad Carolum Emanuelem Subaudiae ducem : Semel ad unitos superioris Germaniae Principes in Conventu Heilbronnensi . Postremo ad Archducem Leopoldum , Ducem Wittenbergensem , Civitates Imperiales Argentinam , Vlmamque , & ipsum Romanorum Imperatorem Ferdinandum II. Legatus Extraordina●ius Tandem hoc Dedicit . Animas sapientiores fieri quiescendo . Observations on ●●e Lives of the Lord Wilmot , and Sir Tho. Roe . THese honourable persons are united not so much in their own relation or character , as in my unhappiness , who was promised Observations on the life of the first● but never had them ; and had some on the life of the second , but lost them . 1. My Lord Wilmot I finde acting like a Statesman , when Commissary in the expedition against the Scots ; and speaking like a Soldier , when a Member of the Parliament that was for them : in the first capacity speaking with my Lord Conway , he saw the King would be overcome by the English at home , if he overcame not the Scots abroad . In the second , whispering with some Army-Officers , he said ; If the Scots Army were paid in the North , the King's Army would be paid in the South . — A wise and brave speech , that had almost rallied all the Army against the Parliament , as soon as that Parliament had rallied their multitude against the King ; but that treachery got easily into the bosom of that brave Prince , th●t had nothing but honesty in his heart . Yet since he could not awe the counsels of the faction in the City , he went to suppress their Rebellion in the Field ; being voted a Traitor by the Rebels , because he endeavoured they should not be so . What he performed in the Wars , all the Kingdom knows ; what he did at Oxford , the King's Letters intimate ; what he negotiated in Germany , acted in Scotland , endeavoured at Worcester , and other places for the King's Majesties escape and restaura●●●n , posterity shall celebrate while he lives , as renownedly in History , as he doth nobly in his son the most hopeful Earl of Rochester . 2. Sir Thomas Roe — understood the dispositions of men so exactly , could suit their humours so fitly , observe opportunities and seasons of actions so punctually , keep correspondence so warily , wade through difficulties so handsomly , wave the pinch of a business so dexterously , contrive Interests so suitably , that he was advised with concerning the most important Affairs of the Kingdoms he resided in abroad , and admitted of the Privy-Council while he lived at home — Where his speech against the debasing of the Coyn at the Council-Table will last as long as there is reason of State in the world ; His settlement of Trade as long as this is an Island ; and his Eastern M●S S. as long as there are Books to furnish Libraries , or Libraries to preserve Books . Three of the noblest English actions beyond Sea are these . 1. That Sir Thomas Roe pardoned the Dutch Merchants thrice in Persia and Turkey at his mercy . 2. That my Lord Wilmot , when Embassador in Germany , refused the assistance of the Popes Nuncio , or Turkish Aga ; judging his great Master , when at lowest , above those suspected Auxiliaries . 3. That my Lord Culpeper having offered him in Muscovy all the English goods there , refused them , declaring his Royal Master a Father of his Country , though kept out of it by Traitors ; and a merciful Prince to his People , when cast off by the Rebels , Observations on the Life of Arch-Bishop Juxon . WIlliam ●Iuxon , born at Chichester in Sussex , was bred Fellow in St. Iohn's Colledge in Oxford , where he proceeded Batchelor of Law ; very young , but very able for that Degree : afterwards becoming Doctor in the same Faculty , and President of the Colledge , was one in whom Nature had not omitted , but Grace had ordered the Te●rarch of humours , being admirably Ma●ter of his Pen and Passion . For his Abilities , he was successively preferred by King Charles the first , Bishop of H●reford and London , and for some years Lord Treasurer of England : wherein he had Religion to be honest , and no self-interest to be corrupt . A troublesom place in tho●e times , being expected he should make much Brick ( though not altogether without , yet ) with very little straw allowed unto him : Large then the Expences , low the Revenues of the Exchequer . Yet those Coffers he found empty , he left filling , and had left full , had Peace been preserved in the Land , and he continued in his Place . Such the mildness of his temper , that Petitioners for money ( when it was not to be had ) departed well pleased with his Denials , they were so civilly languaged . It may justly seem a wonder , that whereas few spake well of Bishops at that time , and Lord T●●asu●ers at all Times are liable to the complaints of discontented people ; though both Offices met in this man , yet with Demetrius he was well reported of all men , and of the truth it self . He lived to see much shame and contempt undeservedly poured on his Function , and all the while possessed his own soul in patience . Nor was it the least part of this Prelate's honour , that amongst the many worthy Bishops of our Land , King Charles the first selected him for his Confessor at his Martyrdom , when he honoured him with this testimony ; That good man. He formerly had had experience [ in the case of the Earl of Strafford ] that this Bishop's Conscience was bottom'd on piety , not policy , ●he reason that from him ●e received the Sacrament , good comfort and counsel just before he was mu●dered . I say , just before the Royal Martyr was murdered ; a Fact so foul , that it alone may confu●e the Error of the Pelagians , maintaining that all sin cometh by imitation , the Universe not formerly affording such a Precedent , as if those Regicides had purposely designed to disprove the observation of Sol●mon , that there is no new thing under the Sun. King Charles the second preferred him Arch-Bishop of Canterbury 1660. He died in the year of our Lord , 1663. and with great solemnity was buried in St. Iohn's Colledge in Oxford , — to which he was a great Benefactor , though a greater to Pauls and Lambeth ; and greatest of all to the Church which his eminence adorned , and his temper secured in those times , wherein roughness enraged that humour , which delay and moderation broke : a discreet yielding to the multitude is the securest way of Conquest : They that hold together by opposition , languish and moulder away by indulgence : In his duty , this good man went along with Conscience , in Government , with Time and Law. He had the happiness , that K. Iames admired in a Statesman of his time , to do all things suavibus modis : He referred his Master in the Earl of Strafford's case , as he did himsel● in all cases , to his own Conscience for matter of fact , and to the Judges for matter of Law ; who according to their Oath ought to carry themselv●s indifferently between the King and his Subjects . — The King was not more happy in this fai●hful servant , than he was in his followers , among whom there was no uncivil Austerity to disoblige the Subjects , nor base Corruption to incense them . They need not keep state , they had so much real power ; nor extort , they had so much allowed advantage . His care was his servants , and their care his business : His preferments were his burthen rather than his honour ; advanced by him , rather than advancing him — and therefore he was more ready to lay them down , than others to take them up : Witness his Treasurers Place ; which when he parted with ( like those that scatter their Jewels in the way , that they may debar the violence of greedy pursuers ) no less than four durst undertake ; when his single self sufficed for the two greatest troubles of this Nation , the Treasureship of England , and the Bishoprick of London . Religion was the inclination and composure as well as care of his soul ; which he used not as the artifice of pretence or power , but as the ornament and comfort of a private breast , never affecting a pompous piety , nor a magnificent vertue , but approving himself in secret to that God who would reward him openly . His devotion was as much obove other mens , as his Calling ; his meditations equal with his cares ; and his thoughts even and free between his Affairs and his Contemplations , which were his pleasures , as well as his duty , the uniform temper and pulse of his Christian soul. Neither was his Religion that of a man only , but that of a Bishop too , that made his Piety as universal as his Province , by such assistances of power , as brought carnel men , if not to an obedience , yet to such a degree of reverence , that if they did not honour , they might not despise it . His justice was as his Religion , clear and uniform ; First , the ornament of his heart , then the honour of his action . Neither was Justice leavened with rigour or severity , but sweetned with clemency and goodness ; that was never angry but for the pub●ick , and not then so much at the person , as the offence : So ambitious of that great glory of Moderation , that he kept it up in spight of the times malignity , wherein he saw all change without himself , while he remained the self-same still within the Idea of sobriety and temperance , vertues that he put off only with his life : Neither was this a defect of spirit , but the temper of it ; that though it never provoked troubles , yet it never feared them : His minde was always great , though his fortune not so : Great to suffer , though not always able to act : so good his temper , and so admirable his humility , that none ever went discontented from him : — Never courting , but always winning people , having a passage to their hearts through their brain ; and making them first admire , and then love him . He was slow , not of speech , as a defect ; but to speak , out of discretion : because when speaking , he plentifully paid the Principal and Interest of his Auditors expectation . In a word , his government as a Bishop was gentle , benigne , and paternal : His management of the Treasury was such , that he served his Prince faithfully , satisfied all his friends , and silenced all his enemies ; of which he had enough as a Bishop , Greatness is so invidious and suspected ; though none as a man , goodness is so meek and inoffensive . The most thought the worse of Dr. Iuxon for the Bishops sake , the best thought the better of the Bishop for Dr. Iuxon's sake . Observations on the Life of John Lord Culpeper . I Find nothing promoting him to his first preferment of Chancellor of the Exchequer , but his pure merit ; nor any thing advancing him to his after-honours , but his steady Loyalty ; — which when others stuck to London ( in compliance with that Maxim ; In all Divisions keep your self to the Metropolis , the chief City being for the most part preserved , who-ever prevaileth , in a Civil Commotion , abounding in Money and Friends , the readiest Commodities to purchase Quiet ) carryed him after a persecuted Soveraign for twenty years together , by the strong obligation of a well-principled Conscience , and the well-weighed observation of the natural Affection of all Englishmen to their lawful Soveraign ; from whom , though the Arts and Impulses of seditious Demagogues may a while estrange and divorce their minds , yet their Genius will irresistibly at last force them to their first love . It was the resolution of a great States-man ; That if the Crown of England were placed but on an Hedge-stake , he would be on that side the Crown was . His first service was to discover his Soveraign to his deluded People , worthy not only of their obedience , but their lives and fortunes . His next was , to lay open his Enemies in all their Intrigues and Reserves , being most happy in all the Treaties he was engaged in , in discerning the bottom of his own Parties Interest , and their Adversaries pretensions discoveries ! that prevailed on all that was either noble or but ingenuous in the Nation , especially whith●r my Lord came with his indefatigable Industry , his obliging Converse , and potent Eloquence , excepting London its self , whither he was sent from Nottingham , with the Earls of Southampton and Dorset , and Sir William Wedale Knight , the very day the King set up his Standard there . The Principle he went upon was , That the Faction at Westminster was no Parliament ; A Principle most safe on all hands : For which and the rest of his judicious Sentiments , he hath the honour to be enrolled among those that Traitors durst not pardon ; which he could not choose but smile at , knowing ( as he used to say ) That Treason is alwayes within five years weary of its self , the People being more impatient of their own Libertinism , than of the strictest and most heavy government . His way of Intelligence from London by Mistress E. P. friend to I. M. puts me in minde of a passage in Queen Elizabeths Reign ; who being presented with an Overture out of Spain , so recretly managed by the Councel there , as the first news of its approach came with its self : the Messengers ( out of fear of a surprizal ) dispensing the Ceremonies commonly used in the behalf of Embassadors ( something strange , considering the haughtiness of that Nation ) did much insl●me the Lord Treasurer's desire to know the farthest extent of the Negotiation , as conducing to a present advantage , that such an Answer might be made as should in some proportion quadrate with the demand of the Catholique King , at that time standing upon Terms little different from those of an Enemy . And being informed from the ordinary Espials he kept about his Person , that the attempt was something difficult , if not impossible ; the Don out of distrust still carrying his Instructions in his bosom : Burleigh caused such a Jesuite to be apprehended , as by reason of former miscarriages could not expect mercy ; and imparts his desires to him under as large promises if he brought them about , as threats to be revenged on him and his Associates , if he ●ound himself abused . All which , though with some reluctancy he undertook : and performed , through the meditation o● a fair Lady that first took away his Commission , and then again laid it under his Pillow whilst he slept . His early endeavours for Peace by Addresses to London , Scotl●nd● Cornwal , speak his integrity , and his prudence . Every inconsiderable person may be powerful at disturbances : but to form Peace , requires much wisdom and great vertues ) and his observations upon the division of the great● Faction to two parties , Independent and Presbyterian . His care and watchfulness ; none of their clashes escaping his reach , which was ready to accommodate as occasion served their respective Interests , in their New-models and alterations ; making as good use of Fears and Jealousies between them , as they had done between the King and his People ; being one of those brave spirits that made much of good Soldiers and Subjects , notwithstanding their ill success if they continued their good affections [ ●areat successibus opto quisquis ab eventus exitus acta probat ] as the Romans gave thanks to Terentius Varro after he had lost the great battel of Ca●nae by his own default , because he did not despair of the Commonwealth , always valuing his estate in England , during the usurpation , as much as he did during the King's just possession : As the Romans would not sell the ground that Hannibal encamped upon , cheaper than if it had been in time of peace , which was one thing that discouraged that great Captain from continuing the siege of Rome . These and other his services recommended him to the at●endance of his most excellent Majesty when Prince , in the perfecting of the Western Association , when it was thought fit to put the happiness and hope of the Kingdom in two bottoms , with whom he continued with a constant fidelity in all difficulties , performing several Embassies during their banishment with honour ( particularly one to the Emperour , who had great respects for his Master , and an awful regard of his Cause ) till it pleased God to bring his Majesty by his and others counsel to his Father's Throne ; which he just saw , and dyed Master of the Rolls , Iune 1660. From one of whose Relations I have these Notes and Postils , containing some of the policy of the late Times , from 1642. to 1659. — which I set down nakedly , as I finde them ; not supposing they are his , but that they were among his Papers . 1. It is against the experience of the wisest Princes of France and England , ●o leave their chief Ci●y in times of tumult ; — yet it was necessary for the King to do ●o , as well to break the fury of the worst people there by distance and time , as to dis-abuse the best abroad by his presence and time : — and indeed it had been a shame for him to have perished in a tumult . 2. It was urged , that the King should not del●y any longer the War — but besides that nothing could perswade his gracious Majesty to a War , but pure necessity . It 's usually observed , that if B●u●efeu's make not the feud irreconcileable by a desperate action , Rebels cool , consider , break , suspect , fear , and fall off to nothing . 3. The repulse of Hotham did the King excellent service , by alarming all the Loyal in the Kingdom with their designed plot . 4. Especially when the Country saw the King so unwilling to engage , that he discharged their guards several times . 5. It was thought unfit to send to the Faction from Nottingham , until it was rejoyned that men of understanding and fidelity are usually employed to those persons against whom a War is to be managed , to discover their design , humour , forces , succou●s , and what ever might succour or strengthen them ; which none but they who were secured with the priviledge of Agents might do ; and none were judged fitter than they that were best acquainted with the knowing Ladies , and the talkative Lords . 6. It was offered that Intelligence should be written to satisfie the people , and make the vulgar pretences ridiculous : But quaere , whether it is possible for the Arcana Imperii to remain always under so exact a discipline as may admit a thorow-inspection of the multitude without danger . 7. When it was urged as the fundamental Principle the King should proceed upon , that the Faction at Westminster was no Parliament , the King being firm to his promise ( as there was not a juster man alive ) not to dissolve them without their leave — it was judged that self-preservation being the first principle in nature , that concession which wisdom saw then , and experience since , so contrary to that principle , was rather to be repented of , than performed . 8. It is a very great advantage to the King's Cause , that his Messages of Peace were sent always a●ter his Victories ; and his Enemies after their defeats : And that his Declarations were natural , easie , as grounded upon obvious principles of Scripture , Law , and Reason ; and theirs harsh , forced , and wilde , as grounded only upon Pretences and Fancies . 9. It 's a probable opinion , that it is in vain to treat with the Rebels , who can never trust the King with their guilty heads . 10. It is in vain to yield them any thing , since all Concessions have no other issue than either or both of these two inconveniences . 1. That they make the Faction so insolent , that the King should not be able to deny nor grant them any thing . 2. That they justified former proceedings , and laid the blame upon the King for not granting that sooner , which he thinks fit to grant now . Besides , it 's more fit Propositions come to the King , than from him . 11. It m●y be wondered that the King doth not cut off the chief of the Rebels , as they fall into his hands , according to the usual Maxim in that case ; but that his inclination to clemency is inexpressible — and that the principle he goeth upon is sure , ●hough deep , viz. That so much are Man-kinde in general , and the English in particular obliged by fair usages , that the generality of this Nation returned nine times in 1300 years after long intervals of Usurpation , out of gratitude as well as duty unto their Allegiance to the posterity of good , pious , merciful , but unhappy Princes . 12. When it was urged against the King's going to London upon the success in the West , that the City would pour out fresh men upon him , as at Brainford , It was replied , ●hat the City and Country were not under such strong delusions as then , but were more sensible of the miseries they had been trepanned into . Besides , there was a more miraculous power of conversion went along with the King's presence where-ever he came , convincing all he conversed with . 13. Whether the King be●ng so wise and able , it were not convenient to contrive it so , that the people might see how well he acted by himself , — provided he had sufficient security ? 14. Whether it being dangerous that the Rebels should seize ( as God forbid they should ) on the whole Court at once , it were not convenient that his Majesty and the Prince did part , that the Kingdom might know its hope as well as its happiness ; and that their interest when separated , might be more spreading than when together ? 15. It was judged prudence to let the success wherein their souls were unequal , overthrow the Fa●tion by mutual Jealousies and Animosities , till it dissipated all pretences , and the people saw none oppressed them in their Estates , Liberties , Consciences , more than the pretended Patrons of them all . An Indempnity without regard to any Faction , being most likely to render the misled as jealous for the King , as they had been against him . 16. It were to be wished that the Parliament did draw into entire Propositions their design , that his Majesty and his People might make a clearer judgement of it in order to an accommodation . 17. His Majesty must be secured of the Militia , and against tumults , and all persons invested in their first right without any controversie — As to other matters , ● full bebate may settle them , with such explanations and qualifications as may satisfie all parties . 18. It 's thought his Majesty may concur with the Parliament about the Presbyterian Government for three years , the time allowed by themselves ; and that at the three years end the very Kingdom will throw it off as inconsistent with the English temper , and unsuitable with the Brittish Monarchy : — And so likewise in other things which look plausible in the general , but are unpracticable in the particular . 19. Though many things are necessary to avoid jealousies , which are inconvenient , yet they may be allowed , upon the respect of the likelihood that all things will in time return to their proper chanel — only a general Act of indempnity is the best bond of Peace , whereby the numerous discontents of many p●rsons and families otherwise exposed to ruine , might not become Fuel to new disorders , or Seeds to future troubles , with particular regards to the priviledges of the City , notwithstanding non-user , mis-user , abuser , and the interest of the Army — an indulgence that would help the world to see clearly the Kings intentions in matter of future government . 20. No Act to pass till the Peace be concluded , lest what his Majesty grants , may be an argument to urge what he must deny ; so that he cannot treat in Honour● Freedom , or Safety . 21. Time is the best cure of Faction . 22. When the Treaty is broken off , so that neither side could reassume it without a seeming yielding , it should be renewed upon the Queens motion , provided always that her name was not used or intimated till the Rebels willingness to compliance were preassured . But stay , I am fallen upon mine own knowing time , wherein I am fitter to read others Observations , than to write my own : and it becomes me rather to be instructed , than to instruct . Industry and Curiosity bid me begin this Collection where Sir W. F. Sir R. N. Sir I. H. Characters end : and modesty enjoyns m● to finish it , where my Contemporaries own knowledge begins , — with whom I shall quietly pass my time , observing how far the affairs I ●ee or hear of agree with those I have read of . Having gained thus much ( if no more ) by this Essay ; That by looking into the Intrigues of former times , I have learned a great deal of reason to bless GOD I was born in these : being assured , that murmurs , discontents , complaints , whisperings , speaking evil of Dignities ; the common , but unreasonable faults of this Age , are kept up only because men are ignorant of the Ages foregoing : And as my Lord Bacon saith of the Schoolmen in the Church , 〈◊〉 of troubl●som persons in ●he S●●●e ; that they are so , because they know nothing beyond their own time : whereas if the most discontented pe●son did but compare his own dayes with those before , he must co●fe●s , that there wants nothing in the general frame of our Government ( particular persons miscarriages must be always allowed ) to make us most happy , but thankfulness , content , and the continuance of these blessings under our dread Soveraign , for whom it 's as much our interest as our duty to pray according to St. Chrysostoms Liturgy , that God would give him strength , victory , health , safety , length and tranquillity of dayes : or in Tertullian's form ; Long life , a secure government , safe Court , valiant Army , faithful Senate , good People , quiet world , & what-ever he can desire as a King , or as a man. Or once more , in Lactantius his words , That God will keep him , who is the keeper of all things in his Dominions , to his Felicity , and our Tranquillity . The End of the Observations upon the Lives of the Statesmen and Favourites of England , in the Reign of K. Charls I. Notes, typically marginal, from the original text Notes for div A48794-e12690 a S● . Anthonies under N●w-Hall . b Christ-Church . a He Married Mr. Colts Daughter of New-Hall . b Whereby he was double reader . c On St. Aug. de civitate Dei. d He was made Chancellour of that Dutchy . e Queen Katherine said so . f A fellow at Bruges would undertake to answer any question : Sir Thomas put up this , Whether Averia capta in Withernamia sint irreplegiabilia , to that Thrasces great amazement . g He built a Chappel at Chelsey , and hired an Almes-House there . h With the cause attested by the Attorney , in tok●n wherof when one Tubb brought him a Snbpoena to subscribe , finding it frivolous , he writ under it a tale of a Tub. a When Master thereof● b When Knight of the Garter . c When Vicar General . d S●ow Sur. London . a As when one said he was accused for disloyalty to the King , he said , He would stab him with his Dagger , if he were . a There were two sorts of these Knights , the first made by way of encouragement , the second by way of Reward : Sir Ralph was of the second so●t , and the last that survived of that s●rt . a Luther Melancthon , Carolostadius . b The Creed , The Lords Prayer , and the Commandments . e Saith Si● Ri●h . Baker . f Per celebriora Anglo●um ●yn●nasia ●●tes ex●luit . * Being called Bifrons g Cecil was the first . * Mr. More in the printed Life of his Grandfather Sir Thomas More , pag. 334. * One of the house of York . * He is made● Viscount Rochford . * They were 50. with an Archer , a Demilance and a Constillier apiece : They and their horses being vested in Cloath of Gold. a Of Bretany a●d Normandy . a Master of the Ordinance , who was killed the first Night before Therovene . Notes for div A48794-e41740 Bacons Es● . 116. The Duke of Some●set's ma●●h . a The same day that 30. y●ars ago they were beaten at Flodden . b H● made the fi●st and last Bannerets . The Lady S●anhope . c W●●m t●●y put in ●●w Li●er●●s . d For contriving the death of a Privy Counsellour . There was a●other of his name Sheriff , Nephew to this Knight , in 25 of H. 8. Lord Ba●on's Ess●yes . a A Duffeild , b Recommending to him the care of three things : 1. His God. 2. His Soul. 3. His Company . This story is related from the mouth of his Grandchild the Earl of Warwik that last was . Vid. Co● . in Littl. Presat . Notes for div A48794-e51450 Fuller E●cles . Hist. B. ● . Cont. ●● . Cambd. Eliz. a●● 1576. The things that overthrow a Favourite . * The first of these loved Alexanders interest , the other his person . France Spain and England Cicero . † He means Land. Anno 〈◊〉 8.24 Mach : Prince , p. 56. b Viz. The Lord Tho. Seymour . Hist. Camb. p. 131. * His Mother was Daughter to the Duke of Clarence , and Grandchild to Edward the IV. Full. Hi●●● Cent. 19● p. 14● * Governor ●f Bies . * Kept a● Black Fi●ars . * As , Ecclesia , poeniteniia , Episcopus , Sacrificium , Pontifex . * Viz Those of his Diocess . * In King H. 8's time , when they rise agains● the Reformation . * When the rising was there . Notes for div A48794-e66330 a Descended of the Roman Cecilii , say some . b Gray● Inne . c Fulle● Holy State ex Arist● l. 2. de Coelo , c. 4 , & ● . ● d Camb. Eliz. anno . 1579. 80. * Cicely , Daughter of Thomas Bourchi●● late Earl of Essex . Verulam's Essays Camden . K. H. ● . K. James● * In Opposition to him of Spain . a They say his father married a Familiar of King Henry's . see Fuller in his Worthies . * Causa Virtus ● Deo , vel ipse Deus . Oct. 1 65. * Sir. Tho. ●ythe learned , industrious and ingenious Edward Waterhouse Esquire , of Sion-Colledge . a Which he made out from Dr. Wottons Discourse on that subject at Cambray . b To which Queen Elizabeth addeth a saying of Valentinians . Have the French for thy Friend , not for thy Neighbor . c De jure Reg. apud Scotos . d About moneys transported beyond Sea. Cambden Eliz. 1566 * Cambd. Eliz. anno 1577. * The Marquess of Northampton , the Earl of Bedford , John Grey of Pyrgo , Sir William Cecil , Tho. Smith * The Doctors ●arker , Bill , May , Cox , Grindal , Whi●e-head , Pillington , and Sir Tho. Smith . * A● Cambray . * Who put Cardinal Wolsey , then but a Schoolmaster in the Stocks . * As Cyrus a● Thermopylae , Crastus in Parihia : therefore Alexander had exact Maps always aboue him to observe Passages , Streights , Rocks , Plains , Rivers , &c. Nethersol . F●n . Orat. Prince Hen. p 15 , 16 , 17. * Sir Rob. Naunton in his Fragmenta Regalia . a 2 Sam. 2● 24. b 1 King 4. 6. c King. 12 d Ibidem . See Daves of Ireland , and Wa●e and Powel of Wales . a Leicester See Sir H. Wottons Observati●ns . b He was one of them whose Natures disclose b●t slowly . c Vnder Dr. Whitgift . a His Eliz. ●o which Cambden gave but the language and ●he transcript . a From the mouth of Mr. Ramsey Minister of Rougham in Norfolk , who married the widow of Mr. Giles Fletcher son to this Doctor . * In his volume of English Navigation● , p. 374. † Camb. in his Eliz. Anno 158● . when he was Agent in Muscov , as afterward Ambassador ● Notes for div A48794-e99060 In his book called , The Declination of Monarchs . Sir Robert Naunton's Fragmenta . a Adversus perduelles . a Where he was Brid● groom . a Witness his entertainment at London . H. Holland , p. 39. a Domanda assai , chen●n Mancherapoi calare . Proverb . ●ip . apud Insi● . D. 〈…〉 de legat●● . a Domanda assai , chen●n Mancherapoi calare . Proverb . ●ip . apud Insi● . D. 〈…〉 de legat●● . Psa. 104.3 . a In the life of Richard the second . b Sir John Davies in Disc. of I●eland , p. 39 , &c. * V●re's Comm●ntaries . a T●erefo●e the Yoke is their supporter . * Cambden Eliz. An. 1587. Idem , Anno 1600. * The Earl of Essex . a The Lord Norris . Plau. in Aularia . * Though some observe that his digressions marred his repute , and had broke his neck , had he lived in any Kings reign but K. James's . a He was born Jan. 22. 1560. at York-house in the Strand . * Vid. Duke of Buckingham's Life . a Benedict ●●●unch●m , an Alderman of London's Daughter and Coheir . Notes for div A48794-e120390 Compleat instructions for a states-man , given by L. B. to D. B. * Sir Hen. Wotton's life of the Duke of Bucking . * 1. Of the Prerogative Royal. 2. Priviledges of Parliament , 3. The proceedings in Chancery . 4. The p●wer of the S●ar●hamber . * Being not used to the Common-Prayer . * In Tiberio . * As about the Petition of Right , in reference to which , he & Sergeant Glanvile satisfied the Lords . Admin . Card. de Rich. p. 283. ● . O. 134. a See the Ea : of Northamptons Speech . b See Lord Spencer . * Nobly communicated to all inge nious persons by the honourable H. Howard of Norfolk , greater in his own worth than in any titles . * S●e his late Maje●●●●s re●omm●n●●●●n to him at his departure from Hamton-Court . * In 〈◊〉 1629. * At Pe●ross and Aleppo . * So saith the Historian : but I think as much against them as against the K. not only because the wel●are of K. and people are inseparable ● but also because there is not a more common saying among the people , than defend me , and sp●nd me . * The most pious , learned , wise , and Reverend Father in God , the Lord Arch-Bishop of Cant was his Domestick . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Meditar . 2. E●umplified by his Chaplain Tho. Fritter . 
A54686	----	Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps. Philipps, Fabian, 1601-1690. 1686 Approx. 1930 KB of XML-encoded text transcribed from 355 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A54686 Wing P2007 ESTC R26209 09386776 ocm 09386776 42937 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54686) Transcribed from: (Early English Books Online ; image set 42937) Images scanned from microfilm: (Early English books, 1641-1700 ; 1314:3) Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps. Philipps, Fabian, 1601-1690. [28], 761 [i.e. 677] p. Printed for the author and are to be sold by Charles Brome, London : 1686. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divine right of kings. Prerogative, Royal -- Great Britain. Great Britain -- Kings and rulers. 2004-07 TCP Assigned for keying and markup 2004-07 Apex CoVantage Keyed and coded from ProQuest page images 2004-09 Mona Logarbo Sampled and proofread 2004-09 Mona Logarbo Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion INVESTIGATIO Jurium Antiquorum , ET RATIONALIUM REGNI , SIVE Monarchiae Angliae , In Magnis suis Conciliis , SEU PARLIAMENTIS : ET Regiminis , cum iisdem in suis Principiis , optimi . OR , A Vindication of the Government of the Kingdom of England under our Kings and Monarchs , appointed by God , from the Opinion and Claim of those , that without any Warrant or Ground of Law or Right Reason , the Laws of God and Man , Nature and Nations , the Records , Annals and Histories of the Kingdom , would have it to be originally derived from the People , or the King to be Co-ordinate with his Houses of Peers and Commons in Parliament . Per Fabianum Philipps J. C. Socium Medii Templi , London . Jerom. c. 6. v. 16. State super vias Antiquas & inquirite veritatem . The FIRST TOME . LONDON , Printed for the Author , and are to be sold by Charles Broome at the Gun in St. Paul's Church-Yard . 1686. VIRTUTE ET FIDE Robert Harley of Bramton Castle in the County of Hereford Esqr. To the Sacred Majesty of James the Second , King of great Brittain , France and Ireland , Defender of the Faith , &c. Dread Soveraign , WHen the Oaths of Allegeance and Supremacy ( the greatest Tyes and Obligations that can be imposed upon the Generations of Mankind ) have so little prevailed , as that the giddy and mad-headed Multitude , prone to all wickedness , and evil Examples , have under an Hypocritical pretence of Holiness ; and Reformation of that which was good , and needed it not , introduced an abundance of unclean Spirits , and brought forth that which was altogether like their Tutors and Masters of Impiety , and with great impudence , pertinacity , secret and subtil contrivances after His late Majesties happy Restauration , continued their Machinations and Rebellious Principles until his Death , who notwithstanding his great Clemency , and many Plots discovered by Gods mercy , by the continual vigilancy of his Guards with all the care that could be taken , was for a long time hardly preserved from Assassination , which Villanies and Dangers consorted so well with their Ambitions , and Envies , Rapines , Plunderings , Sequestrations , Decimations , and pillaging of three Kingdoms , especially of England , besides the sad accompt to be made of the Massacre in Ireland , destruction of many Thousands in England with their Families and Estates , in the defence of your Majesties blessed Father the Martyr , with that horrid , & ever to be abhorred Addition of his Murther , and the long continued Miseries , Calamities and Troubles , put upon their Late Soveraign your Royal Brother , & your Majesty , and the rest of the Royal ●rogeny , as they , or too many of them , or their Seditious and Rebellious Party , may not improbably an thought only to watch or enforce an opportunity of playing the same , or a worse game of Rebellion over again , and if they can , to a more impious advantage , bed plant a soveraignty inherent in the people , whom they intend to govern as arbitrarily and wickedly as they had done before , which a lamentable many years Experience hath taught the people to believe it to be abundantly Tyrannical and Slavish enough to those that were made so unhappy as to endure and Experiment it , which to prevent , is , and should be certainly the duty of every good Subject and I over of his King and Countrey . In order wherunto , having made my Observations and Remarks , from the Commencement of the grandest Rebellion that ever troubled and harassed England , in the years 1640 , 1641. until his present year of the Lord 1685 , now the 83 year and an half of my yet ( Deo gratias ) vividae senectutis , many years before for the most part written , and as well digested as many disturbances , and worldly troubles would permit , which could notwithstanding never alienate or withdraw my mind from those my first Enquiries or Observations ; And my careful , and I hope , industrious and impartial Recherches into the Original and true power of Parliaments , will shew how the Incroachments of a miselected House of Commons therein , have since the Raigns of Qu. Elizabeth and K. James , made it their principal and only business by Petions , Ingrateful Lurches , and Artifices and catching Advantages of our Kings & Princes , necessarily enforced want of Money , for the defence of themselves and their People , to undermine and bring into an Anarchy , or Insulting Poliarchy , this your heretofore more flourishing Monarchy , strongly built and founded upon the Feudal Laws , derived unto your Majesty by and from your Royal Ancestors and Predecessors , from the Brittish , German , Saxon , Danish and Normans Feudal Laws and Customs , the best Establishers and Supports of a truly ( not counterfeit ) Monarchick Regal Government , and doubt not but that my Labours and Travel therein , with what other Light and Confirmations may be justly added by such as will well Weigh and Consider it , may truly Manifest and Prove the same , and without the suspicion of an over-credulity , well believe that the Reverend Judges and Sages of the Law ( whom our Kings have Commanded and Ordained to be greatly reverenced , administring Justice under you to your people , many of whom , and the professors of the Law , pleading before them , were only Educated , and practised as Lawyers in the time of the late misguided Parliament , ) might have been easily mis-led by the Minores Gentium , the Lawyers and Officers pleading or practising in the Courts of Justice , by rejecting the Councel of the Prophet Jeremiah , Stare super vias Antiquas & inquirere Veritatem , which his lamentations after their destruction , might have taught them after sooner to have believed , and not to have the original of your Majesties Government , to be as Inscrutable as that of the River Nile , or to forget their Common Parent or Original , as in many things to make or render our Laws to have no Resemblance thereof , but to be quite contrary thereunto , or as some Children , in the Stories or Tales of easily believing old Women changed in their Cradles ; all which should put every good Subject in mind neither to be ignorant of your Rights , or negligent in the maintenance of them , it being of no small concernment to your People , to preserve yours with as much care as their own , being comprehended therein , and when he shall hear the Ship wherein his King is , strugling with the rage and fury of the Winds and Seas , and every minute like to be destroyed and swallowed up , ought to make hast tenui sua Cymba , and do all he can to relieve and preserve him , of what Judgment and Disposition soever he be , though not at all under those great obligations , of the Oaths of Allegeance and Supremacy , and of the bonds of gratitude , must exuere humanitatem , that will not endeavour to rescue him , and in these my feeble , but true hearted endeavours , found those that instead of saving the Ship , were only careful to Sacrifice to their own designs , and divert and steer her from the right Port of Monarchy , whilst they laboured all they could to save her by bringing her only into the Curses rather than Blessings of an Anarchy or knavish self-enriching Poliarchy , and ruine all those that really and heartily wishout any other ends than that of duty and endless Loyalty , came to help her ; and not by so many Plots and Conspacies against your Government and Monarchy , and the lives of your Majesty and Royal Brother , give a far greater disturbance thereunto than the unhappy severely punished Corah , Dathan , and Abiram did to the Government of Moses and Aaron , who did but only murmure against them , saying , Ye do take too much upon you , but did not plot or contrive Treasons , Conspiracies or Rebellions against , or to Assassinate or Murder them ; From all which disturbances and troubles , that God will be pleased whilst you are on Earth , enjoying a happy life amongst an unquiet ( as unto too many of them ) never to be contented people to free your Majesty , your Heirs and Successors shall ( as it hath ever been ) be the prayers of Your Majesties always Constant and Obedient Subject FABIAN PHILIPPS . THE PREFACE TO THE READERS . THey that have read and duly considered , though but with an ordinary compassion and sense of humanity , the dismal Effects of Wars , Rebellions and Discords in Kingdoms and Republicks , and the little gain more than a Sacrifice to the Devil , and the Ambition , Revenge , Self-Interest , and the Ruine of Kingdoms , Commonwealths , Families and Estates , might , if there had been no other evidence , have clearly and lamentably seen it in those once very famous Republicks of Athens and Sparta in the Peleponesian Wars , ingaging most of the little Republicks of Achaia to run the adventure with them , and did in the conclusion bring them all together under the Tyranny of the Ottoman Empire ; in those also of the Merciless Proscriptions of Sylla and Marius at Rome , and the bloody Pharsalian Fields or Battels fought betwixt Julius Caesar and Pompey , too nearly allied to have made such a quarrel or bustle to disturb so great a part of the World for Empire : that of the Guelphes and Gibelines happening near about the time of our King John , when the Pope so domineered over him , as he constrained him to do homage unto him for England and Ireland , and pay him a then great yearly Tribute ; that of our two great contending Families in England , York and Lancaster , under the several Badges or Liveries , of the White Rose & the Red , to the destruction of many of the Nobility and Gentry taking their several parties , that of the German Wars betwixt the Duke of Saxony and the Emperour Charles the 5th , that of the Sicilian Vespers , that of the King of Spain and the Netherlands or united Provinces of the Holy League in France , and the cruel Massacre of so many thousand Protestants in Ireland , and that our Incomparable late Rebellion of all the Rebellions the Devil had ever abused and Cheated a Nation withal , the most hypocritical , horrid and abominable , and the just care that every pious and good man ought to have of his King and Oaths of Allegeance and Supremacy , and the Blessings of God to attend his posterity , might cause them to make as much hast as the dumb Son of King Craesus did to save the life of the King , and therein prevent the Ruine of his Countrey . And therefore I may hope that a Minimus Apostolorum , one of the least Professors of the Law , though of an ancient standing , may be permitted without the reproach of Arrogance or scribling quiddities or Impertinences , or troubling the World with the Idea's of Plato , Aristotle , Solon , Licurgus or the unquiet Commonwealth of Rome , until they were after the Experiments of divers sorts of Governments constrained to be more quiet and content with that of the Empire and Monarchy or Theocracy ordained by God , be permitted to lay or bring before the Reverend Judges and Sages of the Laws of England , and the Professors and Students of the Laws therein , what may be found in the Records , Annals , and approved Authors and Historians concerning the ancient Feudal and Monarchick Government thereof , without any Additions , Omissions , wtested Interpretations , Forgeries , Impostures , or the fond and often abused credulity of Monkish and feigned lying Manuscripts , & may incite others to approve and like better of it than they have done , that have to the hazard of their Estates in this World and the World to come , done all that they could to pull in pieces that ancient Government upon which all our Laws , reasonable Customs and Constitutions with Remedies for publick grievances have been built and founded , which Sir Edward Coke hath ( before the dissolution of our Tenures in Capite , the Ligaments of the Crown of England , and the nerves , sinews and strengths thereof , when he was better pleased with his Soveraign ) not unjustly called the Quintessence of all Laws , expended very near 1000 l. Sterling in my labours and travails therein , and other matters concerning the Government without any penny profit or recompence either from or by the Stationers , or any others more than an Employment as Deputy Comptroller of the Law Tax , wherein I endeavoured all I could to serve his late Majesty and the Farmers thereof , and may hope it was acceptable when his Majesty not long before his departure out of this World , was by his principal Secretary of State Sir Leoline Ienkins Knight , graciously pleased to declare that he had a particular regard for me , and was sensible of the many Services which I had done unto the Crown , which in the greatest of truth , humility and modesty , I might have said was done by me one of the smaller sort of the Atoms in his Kingdoms as an oblation of Duty , when besides my no small loss and damage in the late horrid Rebellion I did adventure with the late learned George Bate Dr. of Physick , and Mr. Nicholas Odeart sometimes Secretary to Sir Edward Nicholas principal Secretary to the murthered King , did , when the Rebels had refused to allow him in his own defence the assistance of his own or any other Councel learned in the Law , at that they falsly called his Tryal , & when the Intercession of the French and Dutch Embassadors , the Scots their Rebel partner Commissioners , and some of the London factious Ministers could not prevail to rescue his sacred life , did with great danger and hazard of our lives and Estates cause a small paper of Advice to be secretly delivered unto him not to acknowledge any jurisdiction to be in their highly wicked misnamed Court of Justice , never before heard of or made use of in England or in any other Nation of the World. And I did also after that wicked of wickedest sentence of death pronounced against my Soveraign , Write and cause to be Printed and affixed upon the Posts and publick places , in or about the Cities of London and Westminster a Protestation in the name of all the Loyal people of England against that most abominable sentence , and did within a short time after Print and publish a Book in Justification and defence of him , and the first as I believe that in print justly stiled him a Martyr for his people , with some assurance to my self , that our seri Nepotes some others hereafter walking recto tramite in the like search and path of truth as I have done , might add more assistance thereunto , and may be permitted to say , as St. Paul in another case did of himself , that if I have had in so long an age and perambulation of time any acquaintance or conversation at all with my self , mine own heart and Actions , which many that have known me so long in my various careful and sorrowful passages of life ( occasioned by many the ingratitudes and ill dealings of some great families and others that should have dealt better with me in ) may testify my always constant and adventurous Loyalty to my Soveraigns , without any the least fainting or haesitation , will or may believe that I have neither lied or sought for preferment , or any thing that could look otherwise than the sincerity of my heart , and an unshaken and unbiassed love to Truth and Loyalty to my King and Countrey . And can truly say and aver with many witnesses to confirm it , that my long observations ever since the year 1628. until now , compleating almost full 46 years of the said persecutions , disloyalties , misusages , and sufferings of King Charles the Martyr in order and design to his Murder , and the many Plots afterwards intended against his late Royal Majesty , King Charles the second , and his now Sacred Majesty , and my Researches into the Records and Antiquities of this and other Nations concerning the Just Rights and Praerogatives of our Kings and Princes , for the publick good , and the avoiding the manifold miseries and damage that attend the Witchcraft and Madness of Rebellion , and to the end that I might recal into the right way of truth those very many Noble , learned , grave and pious men , that perfectly hated Rebellion and yet by fear or force going along with the Tide to secure themselves and Estates as well as they could , and with the Vulgus and Rabble that had cut the reformed Church of England into no less than 160 Sects or new fashioned Religions , and so far strayed from their Mother the reformed Church of England , as they ran out of their Wits as much as their Religion , so that they could not stop themselves in that their mad Career until they came to an opinion that it was Religion to be Rebellious , and that Rebellion or Sedition for any thing called Religion was , or at least ought to be warrantable by some or other word of God , when by his new light they should be enabled to discover it , hath given me , like old Barzillai , no quiet until I had done my duty unto God , my King and my Countrey and posterity , and brought what help I could unto our much injured and persecuted David , in these now published Truths , wherein I have as carefully as I could without the purchase of other mens Writings or Manuscripts at Auctions , as too many our Lurching , yet Learned enough Authors have done , weighed all particulars in the Ballance of Truth , Law and Right Reason , and without any opiniatrete have left my self to the Judicious throughly impartial Readers and Tryers of those my carefully considered Labours , wherein I shall be willing to rectify and submit to any truths , when justly and rationally proved , and be ashamed in the least to imitate those impudent Contrariants of truth and Right reason our Laws , Annals and Records , who although in their Books and Writings against our ever maintainable truths , whilst they are in the acting and perpetrating the greatest Injuries imaginable unto them , can offer to forsake their evil Impostures , grounded Fancies and Opinions , yet can after they have been publickly examined , tryed and convicted of several gross Impostures and falsifications by the undeniable evidence of the Records themselves , which they cited and referred themselves unto , not like to those better men of Confessions and Retractations , but being unwilling it seems either to perform their promises to their Readers , or imitate the more honest examples of better men , have thought it to be more correspondent unto their evil designs not to discourage their Disciples to persist in their egregious falshoods , and unlearned , foolish , reasonless , senseless and inconsequential arguments , because they have wickedly made it their Interest and business to advocate the Devils cause by his and their evil Methods and Impostures . And may find that they have by a Factious and Seditious Ignorance , and over-bold adventure enticed many good men and Lawyers out of the paths of truth into an horrid Confusion and Rebellion , for which they may suffer in the next World , unless they can furnish their gross mistakes with some invisible or misinterpreted Record that every man may fancy , and frame a new and better Government of the Kingdom , and carve and make his own Religion , and Idocize and propagate their own vain imaginations and selflreated ignorant Fancies instead of Laws and Records . And should do better to stand and consider that the advice of the Prophet Jeremy , that should not be thought to have spoken vain , untrue or foolish Councel , to stand upon the old ways and enquire after the ways of truth , was not to do what you can to blind or sophisticate truth , put her into disguises , and transform her into as many shapes as may consort with the ugly designs of Faction and Rebellion , and call to mind better than they do how diffusive and infectious the sin of Rebellion is , that every of our evil Examples . Doctrines or Perswasions tending thereunto , such an evil especially as Sedition or Rebellion , are by God chargeable also upon their accompt . And that at the great Audit before an all knowing God there will be a multitude of consequential Evils besides their own particular sins , which may be enough charged upon them , when it will be too late to say one unto another as St. Paul did to his Innovators , O ye foolish Galathians , who hath bewitched you ? And amongst those many motives and obligations of Duty and Loyalty , Oaths of Allegeance and Supremacy to my Soveraign , and compassion unto those multitudes that have erred and gone astray , to the end that I might give an accompt of the trust reposed in me particularly , and solely by his late Majesty , under his sign Manual , bearing date the 30th day of September , in the 28th year of his Raign , with full power and Authority to search and take Copies of all or any might be found concerning his Royal Rights , which was seconded by an order of the Right Honourable Arthur Earl of Anglesey then Lord Privy Seal , Mr. Henry Coventry , and Sir Joseph Williamson , his then Secretaries of State , and Sir George Carteret being all of his Majesties Privy Council , who did by their order dated the 3d. of July 1677. direct and authorize Sir William Dugdale , since Garter King at Arms , Elias Asbmole Esquire , and my self in pursuance of his Majesties Order dated the 23. of February 1675. authorizing the aforesaid Lords of his Councel , to examine the State and Condition of the Records in the Tower of London , and consider what is wanting and necessary to be done for the prefervation thereof , Authorizing us to examine the present State and Condition of the said Records , and peruse as well the Orders for regulating of the Orders of the Keepers of the said office of Records , as the Orders made by Sir Algernon May , Keeper of the said Records the first day of December then last past , and to consider what additions and allowances they shall judge fit to be made , either in the said Orders or Queries , or what otherwise occurs to them fit to be offered for the better ordering , methodizing , preservation and safe keeping of the said Records , and that they make report thereof unto us with all convenient speed , and their opinion what is necessary to be done in order to the attaining the ends asoresaid , in obedience whereunto Sir William Dugdale and I have not only made a Certificate and report unto their Lordships what we had done under our hands , but afterwards at the aforesaid Office of the Records , have given a meeting to some that were appointed by their Lordships , and after that in the absence and sickness of the said Sir William Dugdale , by the Command of the said Earl of Anglesey , I did attend his Lordship and the Lord Chancellor , and divers of the said Lords of his late Majesties Privy-Councel , to the said Office of Records in the Tower of London , those Scrinia Sacra Publicae Tabulae which our Great Selden faith is a Religio to preserve , and the Commons in Parliament in the 42 year of the Raign of King Edward the 3d petitioned to have a free access unto , because they contain the peoples evidence , and might also have said their Kings and Princes Rights and Power to protect them , and therefore to have them well looked unto and preserved , must needs be an universal concernment both unto our Kings and their People , and though here in England , in the time of our long and factious Parliament Rebellions and Miseries , when I first began to search into the Original of our before happy Government and continuance of our Laws , Peace and Plenty , and the excellent frame and constitution of our Government founded upon no other than the Feudal Laws , which , unto any that will take the pains to peruse and examine them , will make it easily appear , that our Brittish , Saxon , Danish , and Norman Laws , and those of all our succeeding Kings and Princes , and the Process , Proceedings , Maxims , Rules and Methods in and through all the parts thereof , have until our late unfortunate , Factious and Seditious times , and Parliament Rebellion ( the tricks of Attorneys , unskilful Clerks , and subordinate and corrupt Officers , since those times of unhappiness only excepted ) had no other source or fountain ; and that the Civil and Caesarean Laws being long ago accompted to be the universal reason of the World , are and have been in their Patroni and Clientes near allied to our Feudal Laws , whereof the learned Craguis wrote his Book de Feudis in the year 1655. applicable to his own Countrey of Scotland , where they yet remain , notwithstanding our unthrifty exchange of the Nerves and Ligaments of our Kings Crown and Dignity , for an Excise upon Ale , Beer and Syder , would not permit me to stand still and let my King and Country be destroyed by suffering our Feudal Laws , the basis and foundation of our Government , to be drencht or washt in the River Lethe , or lake of Oblivion , or the wild Boars and Foxes to destroy and lay wast , and cause our once flourishing Kingdom under the Guard and protection of those Laws , to be more transformed and abused than many of the sacred Laws of God , given to his once beloved people of the Jews have been by their Masorites , when they had a better excuse and Apology to make by their captivity of seventy years in Babylon , until they had forgotten the language in which their Laws were written , than our Gentlemen of Innovation or Reformation , as it hath been Nicknamed or miscalled of Good into Bad , or Better into Worse for their own only advantage here upon earth , happen what will when they shall be able to attain unto or provide for themselves . And in these my Labours and impartial observations , with no little danger and sorrow to see my King and Countrey so ill used , have been as tender as the res Acta , or matters related or inquired into , would permit without praeprejudice or hurt unto the truth , or my Loyalty unto my Soveraign , with all due Reverence unto the Judges , many or the most of whom , when the fire of that Rebellion which had lain kindling and smoaking in its Embrio's in the years 1637 , 1638 , 1639 , and 1640. began every where almost discernably to flame , and be very apparent and visible , were either then in prima Lanugine , or had but scarcely saluted the Ostia or Limina Legum , stept over the Treshold or Door of it , as the vulgar term it , and intend as I have never failed to do , not only to do , but write and speak of them with all Reverence becoming me , and all others according to the Reason and Rule which the great and prudent Prince King Edward the first ordained , when he declared in these words , Et quia sunt honor & Reverentia quae ministris ipsius Regis ratione officii sui fiant ipsi Regi attribuuntur , sic dedecus ministris suis eidem domino Regi infertur , and in my Relations concerning that high and very honourable , very useful and profitable for the weal publick Houses of Parliament no man should think or speak dishonourably so long as they permit Parliaments to be what Parliaments , according to their right use and Institution were , nor ought to be no more than Colloquium or Commune Concilium , as may be further evidenced by that great Princes severe punishment of that great Baron William de Breause for contumelious words spoken to a Judge . And King Edward the 3d had such a care of his Justices and their authority , as he punished severely the Bayliffs of Ipswich by the loss of their places , caused their Staves of Office to be broken in the Court of Kings Bench , and their Liberties to be seised and forfeited because they had suffered an unruly multitude to feast and revel with certain malefactors , who had been there condemned by the Justices of Assise , and after their departure made a kind of mockgame or interlude to be Acted upon the Tribunal , where the Judges had sitten , and in mockery fined and amerced the Justices and their Clerks . And for that I would willingly be , as much as I could , Instrumental to recal a factious , seditious and Rebellious party out of their Errours , that they may neither persist therein themselves , or by erecting Schools of rebellion magnify and think themselves to be no small persons in the propagation thereof , and in those my travails not having the help as the learned Dr. Brady hath had of the publick Libraries of the University and Collegiate Libraries of the University of Cambridge , but of such Assistance as his Majesties and the publick Records of the Kingdom , unto which for more than 45 years I have been no Stranger , and my own private Library could afford me , wherein I cannot be without hope but something considerable may appear in my Labours that do not in his , but walking together in the inquiries after our Fundamental Laws have not contradicted , but concurred with each other in the Rescue and discovery of the truth of our Ancient and excellent Government , and that which I have done might have been more exact if I had not by the no small disturbances of my own affairs and the common Falshoods and Delays of most of the Printers been greatly hindred , so as I was in some part thereof to endure the disadvantage of writing as the Printing Press went , and therein also could not escape several discouragements , and can , as Livy that grand Historian of the Roman Empire hath truly said of his Enterprise , that it was res magna & Ardua , with great sincerity say with the learned Bracton , perpetuae memoriae commendium postulans a Lectore ut diligenter legat & bene consideret , & si quid super fluum aut perperam in hac opere invenerit illud corrigat aut emendet cum omnia habere in memoria ; Et in nullo peccare divinum sit potuis quam humanum . And with the learned Dr. Barlow Bishop of Lincoln to the like purpose as unto what he wrote against the Church of Rome , that if he had miscited or quoted , added or omitted any thing or matter willingly against the truth , ( Errors of misinterpretation or definition and of the Printers only excepted ) I shall be willing to reform any humane frailties or frrors of that kind that shall so appear unto any considerate impartial Reader that do not read it here and there a little , runing over as the Irish do their Bogs , or as some others do after dinner and in afternoons Nap or Slumber , or by Indexes , so as I may not prejudice that grand truth concerning the Just Rights of the Imperial Crown of England , and the Doctrine of the reformed Church of England against all the Engines of Rebellion , Falsities , Cavillations and Impostures that have been made use of against it and all their Loyal and Learned Propugnators that have done so worthily in our Israel to defend them . Wherein if any shall object and think I have been too copious , and fewer words and more labour might have been spared , they that have been conversant with Books or the learned , or be themselves learned , should know that a little may be enough to some when a great deal will not be so for others , especially where the Arch Enemy of Mankind hath sown and planted Weeds , such as Henbane and Night Shade in our G 〈…〉 dens amongst our wholsom Herbs and Flowers , the Lillies of the Vallies , and the Roses of Sha●on , which will require much time and labour , and more than a few words to eradicate or pull them up , or a few most clear demonstrations to a numerous party , the more is the pity , that for the space of almost Fifty years last past have been strangely effascinated and infatuated , and yet like well of it , because they have enriched themselves by turning Religion into Rebellion , and Rebellion into a part of that which never was any part of Religion , extravagant Religion is now made Liberty , and Liberty and Religion too much turned into Rebellion . And our Laws and long approved good Monarchick Government , having by a seditious party of Rebels abusing the Right power and use of Parliaments diverted our Antient , Just and True Laws out of their proper course and channel wherein they had blessed both our Kings and their People , I am not unlike to escape the rash or envious censure of some that either have not read throughly as they ought , or misread , or not understood our genuine , proper and true Laws , therefore should be content with the duty of those that have made it their endeavour either to vindicate the Rights of their King , or relieve a too much neglected unvalued truth , and be as much blamed as the Bishop Elect of Winchester was in the time of the troubles and Imprisonment of King Henry the 3d. by some of his overgrown Nobility , when they wrote unto the Pope as bitterly as they could against him for maintaining the justice of his Kings cause , and when it may be heard of or read by some of our long missed Lawyers that have for almost 50 years been suckled or nursed up in a contrary practice , may take it to be a bet ter way , and more agreeable to their genuine , at least to their profit and humor of the present times to do as Demetrius the Silver smith did unto St. Pauls Doctrine , rather cavil and say something against it to no purpose then any thing concerning truth or cogent Arguments yet it must be adventured with a melioraspero , and that the errors and mistakes of too many of our men of Law , and others may no longer as it were successively afflict our Nation , that the subjects may learn , understand and practise the duty of Allegeance and Supremacy , and not be so much out of their w●es as to believe that there ever was a Treason committed by a King or Emperour against their people , or that the Members of the House of Commons in 〈◊〉 proceeding beyond their Limits , and the King 〈◊〉 ●oples Commission , ought to be accompted the reasion of the People , but that so many Advocates and Lawyers as England is and hath been abundantly replenished with , should rather make it their business strongly upon all occasions to defend their ●ings Rights , which every man would expect of his stipended Lawyer , as the Advocates of other Kingdoms never failed to do . Or can any man adventure to say or think , that the All-knowing Never-erring God did not intend to keep his word , but made one Vicegerent after that he had made , or promised it unto another , or ever made the Common People his Vicegerent , or any King , or Prince subject to their ignorances , mutabilities and Passions to be Arraigned and Murdered when they pleased at the suit of the People for Treason committed against them , or if any Nation , Record or History did or could ever furnish out such an example , when the Murder of our Prince did so stink , and was more than ordinarily abhorred and detestable , as besides many learned men in Forreign parts , publickly writing and declaiming against it the Czars or Czar of that great Empire of Russia or Moscovia were so sensible of it , as he banished and seized many of the English Merchants , and their goods and effects to the ruin of many of them , for no other cause than that as he said they had been Traytors unto their King , and had Murdered him , though they were then men of great Loyalty , and were not then Resident in England , and see , and read Milton over much learned in the School of his Master the Devil , and our infatuated Regicides publishing in print in our own and some Forreign Nations , a never to be believed or proved justification of the Murder of their most Pious Prince , sub forma & sigura judicii , and no English men , but the Learned and Loyal Dr George Bate and my self with our names subscribed , and another without publickly vindicated his worth and innocency , and not a Lawyer , or man of the militia togata could find either a conscience or care calamum e●igere to defend the honour of their King and Countrey , when they were bound by their Oaths of Allegeance and Supremacy not to have omitted it , when as Advocati they should as Linwood hath told them in the case of an ordinary Client , tanquam Athletae in Campo justitio pugnare , & not stand still & hearall our Neighbour Christians speak of such a villainous Murder with horror and detestation , and the learned Zeiglerus a Forreigner besides Salmasius , who had never taken our Oath of Allegeance and Supremacy , have publickly declared against , it . And do hope that our learned Lawyers of England who were not before our now almost fifty years Parliamentary Rebellion willing to be outdone or believed to be less learned in omni scibili , or matter of learning in the Laws of their own or other Nations , ( witness our Great Selden and many others ) will not suffer our Laws which want nothing to illustrate their very antient original , to be so lost and eclipsed , as there will be nothing of our Fundamental Laws left to furnish their practice in the Temples and Courts of Justice , than such fragments as the Attorneys Seminaries shall be pleased to furnish them withal when they have squeezed the profit into their own advantages of all manner of Champerties and Ambodextryes , by clipping our venerable , just and antient Laws into such parcels as may seem most for their wicked and reasonless advantages , and should be more than praemunired , and not to be reckoned much less peccant than the Clippers of Caesars Coin or Image , or false Forreign Coin introduced into the Kingdom , in their daring to attempt to vitiate or violate their Kings Laws , and suffer Milton that understood no more of our Laws of England , than that which he had purposely Metamorphosed to delude a silly part of the People , or Rabsheka it , defie● the Host of Israel ; and John Goodwin a factious Minister with his Flambeau or Torch in the Pulpit , to intice all that could be so mad as to believe them , that King Charles the Martyr was justly accused , condemned and beheaded at the suit of a few infatuated Rebels , and so many men of the long Robe not have Loyalty , care or Conscience enough to hasten to the brook to find some stones to sling at , and convince those or any of their Goliahs , or hear a Judge deservedly displaced by his late Majesty King Charles the 2d . declare in the Court of Kings Bench , tell not us of old Records and Antiquities , but of the Law or Practice in or since 1641. And a Bencher of an Inns of Court perswades himself that he had hit the mark , when he had said that Antiquities were no more to be valued than old Iron picked up out of the Channel in London Streets , and sold for a penny in the pound . And Mr. Milton that would have all men have a liberty to be divorced from their Wives as much as himself was from true Learning and Reason , having done all and more than he could to blast and disparage that most excellent Pious Prince King Charles the Martyr , and make his ever to be accursed Murder to be according to the Laws of England , could not forbear persecuting his Manes , whilst he magnified the Populum Anglicanum , when all men had abhorred it , and Bedingfield and Chresheld had voluntarily laid down their Commissions , and forsook their Offices and places of Judges , and the greatest Rebellion did ride in its triumphant Chair , shall the Gentlemen of the long Robe , who might be very able to do , and should be well acquainted with all manner of Learning , be so little concerned in it as to leave two Doctors of Physick to do what they could themselves , for there were a Lion in the way , whilst Mr. Milton cryed out as Tully in another case , O fortunate nate me Consulo Roma . And it would be a pity that so many Learned People in England , of several conditions , should not rightly understand the Constitutions and Government thereof , but be so much mistaken as to believe they are honest and Loyal enough if they can but get what they can from their King , and sacrifice it to their humours , when the fear of God , and right understanding of our Laws may teach us , that our Oaths of Allegeance and Supremacy do signifie much more than the ordinary Oaths of the smaller sort of the common people , who have as little wit as Estate , and a great deal less of Religion , and that our Laws from Age to Age have resided in our Kings , who have always been accompted to be tanquam Lex viva . Could there be so great a thirst after learning and honour , and esteem for it gained , could the Queen of Sheba travel so far to hear the Wisdom of Solomon , and Pythagoras to hear Plato , Philip of Macedon give his Gods thanks that he had found out such a Tutor as Aristotle for his Son Alexander ? have men of learning , and richer Souls than ordinary been invited and gladly welcomed into other Cities and Countries , as our King Alfred did Asser Menevensis , Edward the First , Accursius , and our King James the First , the generally learned Causabon , Peter du Moulin , and Gerardus Vossius ; and believed it to be a great part of their honour and glory to be the Incouragers of learning and vertue ? Tacitus saith , that amongst the Romans , the Sons of Nobility did dare operam Studiis liberalibus ; The Emperor Valence appointed for the publick Library at Constantinople seven Antiquaries to look after the Books , four for the Greek , and three for the Latine who were to have a publick allowance ; and must we that may stand upon our Fore-fathers Shoulders , and may with great ease do rather greater than lesser matters not be ashamed to be Children of yesterday , when they that have arrived but unto a small parcel of learning , must in spight of their Teeth acknowledge that experience is commonly upon earth one of the most trustiest guides , and neglected the Mistress of Fools when posterior dies should never fail to be discipulus prioris , and it can portend no less than a sad fatality , and ruin to a Nation to have learning put under no better a Character than that of a Fop , or a grave thinking Coxcomb , when a Knave , though a Fool , is believed to be a Man of Parts and Ingenuity , and an honest man , a simple fellow , or an Ass fit only to be bang'd or rid upon , and whilst we mourn and lament with the Prophet Jeremiah , the forecasted ruin of our Jerusalem , and with our long ago Gildas the Excidium Britanniae , should cease to pour contempt upon our Kings and Princes , and not cause them to wander in the Wilderness where there is no way , but offer up our daily Prayers unto God to send help to our Jacob in all his many difficulties . Elenchus Capitum , OR , THE CONTENTS Of the Sections or Chapters . § . 1. THat our Kings of England in their voluntary summoning to their Great Councils and Parliaments some of the more , Wise , Noble and Better part of their Subjects , to give their Advice and Consent in matters touching the publick good and extraordinary concernment , did not thereby create or by any Assent , express or tacite give unto them an Authority , Coordination Equality or share in the Legislative power , or were elected by them . page 1 § . 2. Of the Indignities , Troubles and Necessities which were put upon King John in the enforcing of his Charters , by the Pope , and his then domineering Clergy of England joyned with the Disobedience and Rebellion of some of the Barons encouraged and assisted by them . p. 7 § . 3. Of the succeeding Iealousies , Animosities , Troubles and Contests , betwixt King John and his over-jealous Barons , after the granting of his Charters and his other transactions and agreements with them at their tumultuous meeting at Running Mede , with the ill usages which he had before received of them during all the time of his Raign . p. 26 § . 4. The many Affronts , Insolencies and ill Usages suffered by King Henry 3. until the granting of his Magna Charta , & Charta de Foresta . p. 29 § . 5. Of the continued unhappy Jealousies , Troubles and Discords betwixt the Discontented and Ambitious Barons , and King Henry 3. after the granting of his Magna Charta , & Charta de Foresta . p. 36. § . 6. That the Exceptions mentioned in the King of France's Award of the Charter granted by King John could not invalidate the whole Award or justify the provisions made at Oxford , which was the principal matter referred unto him . p. 58 § . 7. Of the evil Actions and Proceedings of Symon de Montfort and his Rebellious partners in the name of the King , whilst they kept him and his Son Prince Edward , and divers of the Loyal Nobility Prisoners , from the 14th of May in the 48th year of his Raign until his and their delivery by the more fortunate Battle at Evesham , the ●th day of August in the 49th year of his tormented Raign . p. 66 § . 8. Of the Actions of the Prince after his Escape , his success at the Battle of Evesham , Release of the King his Father , and restoring him to his Rights . p. 98 § . 9. Of the proceedings of King Henry 3. after his Release and Restauration until his death . p. 100 § . 10. That these new contrived Writs of Summons made by undue means upon such a disturbed occasion , could neither obtain a proper or quiet sitting in Parliament , or the pretended ends and purposes of the Framers thereof , and that such an hasty and undigested constitution could never be intended to erect a third Estate in the Kingdom equal in power with the King and his great Councel , the House of Peers or consistent with the pretended Conservatorships , or to be coordinate with the King and his Great Councel of Peers , or to be a Curb to any of them , or themselves , or upon any other design than to procure some money to wade through that their dangerous Success . p. 108 § . 11. Of the great Power , Authority , Command and Influence which the Praelates , Barons and Nobility of England had in or about the 49th year of the Raign of King Henry 3. when he was a Prisoner to Symon Montfort ●d these Writs of Election of some of the Commons to Parliament were first devised and sent to summon them . And the great power and Estate which they afterwards had to create and contain an Influence upon them . p. 122 § . 12. That the aforesaid Writ of Summons made in that Kings name to elect a certain number of Knights , Citizens , and Burgesses & the probos homines , good & honest men , or Barons of the Cinque Ports to appear for , or represent some part of the Commons of England in Parliament , being enforced from King Henry 3. in the 48th and 49th year of his Raign when he was a Prisoner to Symon de Montfort Earl of Leicester , and under the power of him and his party of Rebellious Barons , was never before used in any Wittenagemots Mikel-gemots or great Councels of our Kings or Princes of England p. 147 § . 13. That the Majores Barones Regni , and Spiritual and Temporal Lords with their Assistants , were until the 49th year of the Raign of King Henry 3. and the constrained Writs issued out for the election of Knights Citizens and Burgesses whilst he was a Prisoner in the Camp or Army of his Rebellious Subjects , the only great Councels of our Kngs. p. 151 § . 14. That these enforced Writs of Summons to the Lords Spiritual and Temporal , accompanied with that then newly devised Engine or Writ to Elect Knights , Citizens and Burgesses to be present in Parliament , were not in the usual and accustomed form , for the summoning the Lords Spiritual and Temporal to the Parliament . p. 204 § . 15. That the Majores Barones , or better sort of the Tenants in Capite , Iustly and Legally by some of our Ancient Kings and Princes , but not by any positive Law that of the enforced Charter from King John at Running Mede , being not accounted to be such a Law ) were distinguished and separated from the Minores or lesser sort of the Tenants in Capite . p. 207 § . 16. That the General Councels or Courts mentioned before the Rebellious meeting of some of the English Baronage , and the constraint put upon King John at Running Mede , or before the 49th of Henry 3. were not the Magna Consilia , or generale Consilium , Colloquium , or Communia Consilia , now called Parliaments , ( wherein some of the Commons as Tenants in Capite were admitted ) but only truly and properly Curiae Militum , a Court summoning those that hold of the King in Capite to acknowledge Record , and perform their Services , do their Homage , and pay their Releifs , &c. And the Writ of summons mentied in the Close Rolls of the 15th year of the Raign of King John. was not then for the summoning of a great Councel or Parliament , but for other purposes , viz. Military Aids and Offices . p. 218 § . 17. That the Comites or Earls have in Parliament or out of Parliament , Power to compel their Kings or Soveraign Princes to yield unto their ●onsults , Votes or Advices , will make them like the Spartan Ephori , and amount to no more than a Conclusion without praemisses , or any thing of Truth , Law or Right Reason to support it . p. 229. § . 18. Of the methods and courses which King Edward the first held and took in the Reformation and Cure of the former State , Diseases and Distempers . p. 286. § . 19. That the Sheriffs are by the Tenor and Command of the Writs for the Elections of the Knights of the Shires , and Burgesses of the Parliament Cities and Burrough-Towns , the only Iudges under the King , who are fit and unfit to be Members in the House of Commons in Parliament , and that the Freeholders and Burgesses more than by a just and impartial Assent and Information , who were the fittest , were not to be the Electors . p. 371. § . 20. Of the small numbers of Knights of the Shires and Burgesses , which were Elected and came in the Raign of King Edward the first , upon his aforesaid Writs of Election ; and how their numbers now amounting unto very many more , were after encreased by the corruption of Sheriffs , and the Ambition of such as desired to be Elected . p. 382. § . 21. Who made themselves Electors for the chusing of Knights of the Shires to be Members of the House of Commons in Parliament , after the 21st year of the Raign of King Edward the first contrary to the Tenor of his aforesaid Writs of Summo 〈…〉 made in the 22 year of his Raign , for the Election of Knights of the Shire , and Burgesses to come to the Parliaments and great Councils of several of our Kings and Princes afterwards . p. 387. § . 22. Of the Actions and other Requisites by the Law to be done by those that are or shall be Elected Knights , Citizens and Burgesses to attend our King in their great Councils or Parliaments , praecedent and praeparatory to their admission therein . p. 388. § . 23. That the Members of the House of Commons being Elected and come to the Parliament as aforesaid , did not by vertue of those Writs of Election sit together with the King and the Lords Spiritual and Temporal in one and the same Room or Place ; and that if any such thing were , as it never was or is likely to be proved , it cannot conclude or infer that they were or are co-ordinate , or had , or have an equal power in their Suffrages and Decisions . p. 393. § . 24. What the Clause in the Writs for the Election of Knights , Citizens and Burgesses to come unto the Parliament , ad faciendum & consentiendum do properly signifie , and were intended by the said Writs of 〈◊〉 to be Members of the House of Cowmons in Parliament . p. 398. § . 25. Of the many variations and alterations of our Kings Writs of Summons to their great Councels or Parliaments , excluding some , and taking in others to be assistant in that high and Honourable Court , with its Resummons , Revisions , drawing of Acts of Parliament , or Statutes dy the Judges , or the Kings learned Councel in the Laws , and other Requisites therein necessarily used by the sole and individual authority of our Kings and Princes . p. 411. § . 26. What is meant by the word Representing , or if all , or how many of the people of England and Wales , are or have been in the Elections of a part of the Commons to come to Parliament Represented . p 548. § . 27. That no Impeachment by all or any of the Members of the House of Commons in Parliament , or of the House of Peers in Parliament , hath , or ever had any authority to invalidate , hinder , or take away the power , force , or effect of any the pardons of our Kings or Princes , by their Letters Patents , or otherwise for High Treason , or Felony , Breach of the Peace , or any other crime or supposed Delinquency whatsoever . p. 573. § . 28. Of the protection and priviledge granted unto the Members of the House of Commons in Parliament , by our Soveraign Kings and ●rinces , during their Attendance and Employments in their great Councils of Parliament according to the Tenor and purport of their Commissions . p. 607. § . 29. Neither they claim , or ever were invested by any Charter or Grant of any of our Kings or Princes , or otherwise of any such Priviledge or Liberty , nor was , or is in England any Law , or Usage , or Custom , that a Parliament sitting cannot be Prorogued or Dissolved as long as any Petition therein exhibited remaineth unanswered , or not determined . p. 633. § . 30. That in those Affairs peculiar only to so great and venerable an Assembly , which should not be trivial or proper to lower and lesser Iurisdictions , assigned for the determining of lesser matters for the publick ease and benefit , our Kings and Princes have a greater burden and care upon them as Gods Vicegerents , besides that of Parliaments , to manage and take care of the Kingdom , for the benefit and good of themselves and their people . p. 637. § . 31. That our Great Councils or Parliaments , except anciently at the three great Festivals , viz. Christmas , Easter and Pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those grand and chargeable Festivals , or upon necessities of State or Publick Weal and preservation ex natura rei continue long , but necessarily required Prorogations , Adjournments , Dissolutions or endings . p. 641. § . 32. That Parliaments or Great Councels de quibusdam arduis concerning the defence of the Kingdom and Church of Enggland , neither were or can be fixed to be once in every year or oftner , they being always understood and believed to be by the Laws , and Ancient , and reasonable Customs of England ad libitum Regis , who by our Laws , Right Reason , and all our Records and Annals , is and should be the only Watchman of our Israel , and the only Iudge of the necessity , times and occasion of Summoning Parliaments . p. 650. § . 33. That all or any of the Members of the House of Commons in Parliament are not properly , or by their original constitution intended , or otherwise entituled , or properly , truly , justly lawfully seized , or to be stiled or termed Estates ; neither are to be so understood or believed to be ; and being to be no otherwise than subject to a Temporary Election , and by the Authority of their Kings Writs paid their Wages and Charges , by those that sent and elected them , can have no Iust or Legal Right thereunto . p. 656 § . 34. A Series or accompt of the many Seditions , Rebellions and Discords that have successively happened since the beginning of the Raign of King Henry 2. to our succeeding Kings and Princes until this present Age wherein we now live , by mistaken and never to be warranted principles . p. 717. A Vindication of the Antient and Present Establish'd Government of the Kingdom of ENGLAND under our Kings and Monarchs appointed by GOD , from the Opinion and Claim of those that without any Warrant or ground of Law , or Right Reason , the Laws of God and Man , Nature and Nations , and the Records thereof , would have it to be Originally deriv'd from the People , Co-ordinate with the Houses of Peers and Commons in Parliament , or by their Election . SECT . I. That our KINGS of ENGLAND in their voluntary Summoning to their Great Councels and PARLIAMENTS some of the more Wise , Noble and better part of their Subjects , to give their Advice and Consent in Matters touching the Publick Good , and Extraordinary Concernment , did not thereby Create , Or by any Assent , Express or Tacite , give unto Them an Authority , Co-ordination , Equality or Share in the Legislative Power , or were Elected by Them. THe Laws of GOD , Nature and Nations , our Laws of England , and the Records thereof , ( no Strangers at all unto them , but much in League and Friendship with them ) did never deny our Kings and Princes to make use of the Councels and Advice of such of their Subjects , as were fit and able to give it . Nor did any of our Kings , by such applications unto their Subjects for their advice and councels , either in general , or particular , common , publick , or private Councels , or any of their Laws , Grants , Charters or Customs , ever allow them any co-ordinate or equal Authority with Them , or over any of their Actions , in the giving of their Approbation , Advice , or Consent ; Or otherwise , if we may believe ( as we ought ) those Records and Accounts which the World , and its aged Companion , TIME , have from their Infancies left , and recommended unto us : no such Liberties , Customs , or Priviledges at all ever appearing to have been granted , or of right appertaining unto them , by any Warrant , Foundation , Law , Act of Parliament , Reason , Prescription or Custom . In the time of our Ancestors the Britains , a Qui Legibus Romanis , ( not of the Senate , but the Emperours ) Caesareis , seu imperialibus , paruerunt quamdiu sub Imperio Romano ; which Mr. Selden hath asserted to have continued 360 years , or thereabouts , from the time of Claudius the Emperour , to that of Honorius ; and that Severus the Emperour kept his Court for several years at York , where Papinian , that great and famous Lawyer , sate Praetor , or Lord Chief-Justice , under him . Which could not but introduce much of their Laws and Usages amongst us , and the near succeeding Ages were so unwilling to part with them , as they would never after be altogether Strangers unto them ; b For King Aethelulph travelled with his Son Aelfred to Rome , and Aelfred , whilst he was there , and likewise after his return , and being King , Librorum omnium notitiam habebat , saith William of Malmsbury ; and was very learned , as Asser Menevensis , who was his Contemporary , and privy to most of his Actions , and Hoveden , and Ingulsus , have recorded it to Posterity ; Plurimam partem Romanae Bibliothecae Anglorum auribus dedit . And Offa King of the Mercians had in the year of Christ 790. before the time of Aethelulph , sounded , erected and maintained in Rome a Schola Saxonica , which could not be either constituted or continued , without some Commerce with the Latian Language and Laws : the one being likely to be an effectual means to convey the other , and by a constant intercourse continue the course and knowledge of some part of these Laws and Customs in England . Or in any of those Laws which Dunwallo Molmucius , cujus Leges Molmucianae dicebantur , ordained . Or in those which Mercia Regina , Britonum Uxor Gurtheli à qua Provincia Merciorum , containing Gloucester shire and seven other Counties , putatur denominata edit , as an authentique Historian saith , discretione & justitia plenas quae Lex mercia dicebatur . Of King Ethelbert , c Circa annum salutis 588 , or 613. qui sub Heptarchia Saxonum , ( as venerable Bede relates it ) decreta judieiorum inter subditos suos juxta exempla Romanorum , Consilio sapientum constituit , & decreta judiciorum scribi fecit genti suae . Et sub Saxonibus , & Danis , d quamvis pauciora Legum Romanorum vestigia reperiamus . The learned Dr. Duck , seconded by Dr. Langham , in observationibus de antiquitatibus & legibus Romanorum in Britannia exercitatissimus , have not indiligently noted , constabit tamen Reges eorum qui reliquis pietate , virtute , & gloriae cupiditate praecelluerunt in judiciis , & jure dicundo inter subditos suos ad exempla Romanorum saepius se composuisse . In the Laws of King e Ina , who , about the year 712 after the Redemption of Mankind , suesu & instituto Cenradi Patris sui Heddae & Erkenwaldi Episcoporum suorum , omnium Senatorum suorum , & natu majorum & sapientum populi sui in magna servorum Dei frequentia : commanded , ut justa judicia per omnem ditionem suam fundita stabilitaque sint , at que ut nulli liceat in posterum Senatori f sive alteri cuivis in ditione sua degenti sua antiquare judicia & institutiones sive Leges genti suae condidit solempnes . Of King Alured , g who about the year 871. prudentissimorum è suis consilio , declaring that many of the Laws of his Ancestors , quae sibi minus commoda videbantur ex consulto sapientum partim antiquanda partim innovanda curavit , & quaecunque in actis Inae gentilis sui Offae Merciorum , Regis vel Ethelbert ( qui primus Anglorum sacrotinctus est Baptismato ) observatu digna deprehensus fuit , ea collegit omnia , reliqua plane omisit , atque in istis discernendis prudentis simorum è suis consilio usus atque iis omnibus placuit editi eorum observationes . Or in the League made betwixt King Alured and Guthrun the Dane , or afterwards betwixt King Edward and Guthrum , à sapientibus recitata sepius atque ad commodum & Regni utilitatem aucta & amplificata . Or in or by any of the Books , if they were extant , and now to be seen , said to have been collected and written by that great King , viz. Breviarium h quoddam collectum ex Legibus Trojanorum , Graecorum , Britannorum , Saxonorum , & Danorum . 2o. Visi Saxonum Leges . 3o. Instituta quaedam . 4o. Contra judices iniquos . 5o. Dicta sapientum . 6o. Acta Magistratum . 7o. Collectiones Chronicorum . Or by the Laws of King Edward , i about the year 900. where iis omnibus qui Reip. praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices , perinde ut in judiciali libro scriptum habetur , nec quicquid formident jus commune audacter liberèque dicant , ac litibus singulis dies quibus dijudicentur condictos statuit . Of King Athelstan , k about the year 924. ( the Heptarchy being then reduced to its pristine estate of Monarchy ) Consilio Ulfhelmi , Archiepiscopi aliorumque Episcoporum , & servorum Dei. Or in his Laws not long before made in a Councel held at Exeter , where he was , as they mention , sapientibus stipatus . Of King Edmond , l made in a Councel at London , about the year 940. tam Ecclesiasticorum , quam Laicorum , cui interfuerunt Oda & Wolstanus Archipraesul , plurimique alii Episcopi . Or in or by the first written Laws of the Britains , m about the same time , in the Reign of their King Howel Dha , stiled the Good , ( the Bards and Druids , n men of great veneration , power and esteem amongst them , not before recommending to posterity , or committing to writing any of their Laws , Customs or Memorials ) qui convocati Episcopis & Laicis doctissimis Leges antiquas correxit & novas condidit . Or in the Laws which King Eldred o made about the year 948. in festo nativitatis beatae Mariae , when universi magnates Regni , per Regium edictum summoniti tam Archiepiscopi totius Regni quam proceres , & optimates Londoniis convenerunt ad tractandum de negotiis publicis totius Regni . Of King Edgar , p who about the year 959. ( favente Dei gratia ) not of the People , stiling himself totius Angliae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Imperator , frequenti lenatu proposuit leges populo servandas . Of K. Ethelred , q about the year 980. made sapientum consilio . Or in the Senatur consultum , Agreement , or League , made between him and the monticuli Walliae , or men of the mountainous parts of Wales , Angliae sapientibus , & Walliae consiliariis . Of or by the Laws of King Canutus , r constituted about the year 1018. ex sapientum consilio . Of King Edward the s Confessor , who reigning about the year 1042. and stiling himself Monarcha & Vicarius summi Regis , collected out of the Mulmucian , Mercian , Saxon , and Danish Laws , and other reasonable Customs used until his time , ordained Laws , concilio Baronum Angliae , & Leges 68 annis sopitas excitavit , excitatas reparvit , reparatas decoravit , deboratas confirmavit , confirmatae verò vocantur Leges Regis Edwardi , t non quod ipse primo ad invenisse eas , sed cum praetermissae fuissent , & oblivioni penitus deditae à diebus avi sui Edgari qui 17 annis regnavit , ipse Edwardus , quia justa erant & honesta à profunda abysso extraxit , eas revocavit , & ut suas observandas contradidit . And were afterwards by William u the Conquerour , upon the tears and intercession of the English , consilio habito & praecatu Baronum per universos Angliae consulatus nobiles & sapientes & suâ lege eruditos , upon the Oaths of twelve men in every County , granted and confirmed unto them . Of the Laws which he made , x Universo populo Angliae post subactam terram , ( a time when new Laws are usually made or given ) and giving much of that Conquered Land Commilitonibus suis , being for a great part the same Laws which King Edward the Confessor had before caused to be observed . Amongst which Laws , y said to have been the Laws of William the Conquerour , there remains one in these words , viz. Statuimus & sirmiter praecipimus ut omnes liberi homines totius Regni nostri sint fratres conjurati ad Monarchiam nostram , & ad Regnum nostrum pro viribus suis & facultatibus contra inimicos pro posse suo defendendum & virilitèr servandum , & pacem , & dignitatem Coronae nostrae integrè observandam & ad judicium rectum & justitiam constantèr omnibus modis pro posse suo sine dolo & sine dilatione faciendam . Or in or by his Laws and Charters z made and granted , tam Francigenis quam Anglis communi Consilio Archiepiscoporum , Abbatum , & omnium principum Regni sui , for and concerning the separation and dividing the Ecclesiastical Laws and Jurisdictions from the Temporal and Common . Or in or by the a codex Legum , compiled by King Henry I. ex legibus Salicis , Ripuariis , Danicis , & aliarum gentium antiquis . Or in or by his Charter granted unto the Baronage and People of England , so much approved , as when Stephen Langton , Archbishop of Canterbury , had produc'd it unto some of them that were quarrelling with King John , for infringing some parts of their Liberties , they did swear , That they would live and die in the defence and maintenance thereof . Or in a Councel holden c Anno Domini 1095. in the 8th . year of the Reign of King William Rufus at Pedred , coram Rege & Archiepiscopo Dorobernensi atque Primatibus totius Regni judicantibus ubi terminata fuit controversia inter Thomam Archiepiscopum Eboracensem , & Ulstanum Episcopum Wigornensem . Or the Charter of King Stephen , who granted omnibus Baronibus & hominibus suis de Anglia omnes libertates & bonas leges quas Henricus Rex Angliae avunculus suus eis dedit & concessit , & omnes bonas Leges , & bonas consuetudines eis concessit , quas habuerunt tempore Regis Edwardi . Or in the agreement made afterwards between him and Maud the Empress and her Son , touching the succession of the Crown of England . Or in any of those which King d Henry II. granted , restored , and confirmed , Deo & sanctae Ecclesiae , & omnibus Comitibus Baronibus , & omnibus hominibus suis omnes consuetudines quas Rex Henricus avus suus eis dedit & concessit adjecta sanctione , ut libere , quiete , & plenario tenerentur . Or in the Letter or Epistle e which he wrote unto Thomas Becket , Archbishop of Canterbury ; which , probably , if it were extant , would not contradict the Rules and Laws of his Government . Or in the great Councel of Clarendon , holden by the same King , where a recognition of many of the ancient Laws and Customs of the Nation , concurrentibus Episcopis & Proceribus congregato clero & f populo tunc praecepit Rex universis Comitibus , & Baronibus Regni . Or when he held a great Councel at Northampton , g coram Epilcopis , Comitibus , & Baronibus terrae Assisaw fecit , & eam teneri praecepit , scilicet quod Regnum suum divisit in sex partes perquarum singulas tres Justicias constituit . Or that of King h Richard I. holden at London , congregatis Episcopis , Comitibus , & Baronibus Regni sui . Or by King John's permitting the Speech or Oration which Hubert Walter Archbishop of Canterbury made unto him at his Coronation , after the Death of King Richard I. at London , in praesentia Archiepiscoporum , Episcoporum , Comitum , & Baronum , & aliorum omnium qui ejus Coronationi interesse debuerant , ubi stans in medio omnium , dixit , audite universi , noverit discretio vestra quod nullus praeviâ ratione alii succedere habet Regnum nisi ab universitate regni unanimitur invocata spiritus electus , i & secundum morum suorum eminentiam prae-electus ad exemplum & similitudinem Saul primi Regis in uncti quem praeposuit Dominus Populo suo non Regis filium , nec de Regali stirpe procreatum , similiter post eum David Jessae filium hunc quia strenuum & aptum dignitati Regiae , illum quae sanctum & humilem , ut sic qui evectus in Regno supereminet strenuitate omnibus praesit in potestate & regimine verum si quis ex stirpe Regis defuncti aliis praepolleret , pronius & promptius in electionem ejus est consentiendum , haec idcirco diximus pro inclyto Conite qui praesens est fratre illustrissimi Regis nostri Richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus & strenuus & manifeste Nobilis , quem nos invocatâ spiritus sancti gratiâ , rationi tam meritorum , quam sanguinis Regii ananimiter elegimus universi . Whereupon , saith Daniel , k ( agreeing therein with Matthew Paris ) the Archbishop being after , by some of his Friends , questioned for so doing : confessed , that he fore-saw whatsoever blood and mischief it should cost , ( his Title by Succession , in the life of his Nephew Arthur , his elder Brother Geffry's Son , being at that time not able to carry it ) he would endeavour to obtain the Crown ; and therefore , the safer way to prevent confusion , was , that the Land should rather make him King than he make himself , and that the Election would be some tie upon him . Or in or by the Books ( if extant ) which that King is said to have wrote , entituled Leges pro Republicâ . 2d . Statuta Regalia 3d. in the Epistle which he wrote , Ad Innocentium Papam , contra Stephanum Langton , Archiepiscopum Cantuariensem . 4th . Ad Stephanum Cantuariensem Episcopum 5th . Ad Innocentium Papam , contra Barones . 6th . Ad Londinenses pro Praetor . 7th . Super Charta Obligatoria . Which ( if the devouring teeth of Time , or corruptions of their Originals , have not met with them ) might , if perused , be believed to make no opposition to that which should be in a well-ordered Regal Government . Or in or by the Charter at Running Mead , called Magna Charta , & Charta de Forestae , wrested and enforced from him by a mighty Army of too many of the Barons of England , with their innumerable adherents , upon m their Oaths solemnly taken upon the Altars , never to desist , until they had obtained a grant of their Laws and Liberties , which they pretended to have been violated ; which , saith Daniel the Historian , might be wished to have been gained by those unruly Barons in a better manner . Or by any of our Laws , or any of the Charters or Liberties granted by any of our Kings or Princes before or after . SECT . II. Of the Indignities , Troubles and Necessities which were put upon King JOHN , in the enforcing of his Charters , by the Pope , and his ( then ) Domineering Clergy of England , joyned with the Disobedience and Rebellion of some of the Barons , encouraged and assisted by them . THat unfortunate Prince , so ill used by Hubert Walter , Archbishop of Canterbury , in the beginning of his Reign , and as bad by Philip King of France , who had given the Honour of Knighthood unto Arthur the Son of King John's elder Brother , and taken his Homage for Anjou , Poicteau , Touraine , Maine , and the Dutchy of Normandy , with an endeavour to make it the most advantageous for himself , in regard that King John had neglected to do his Homage for those Provinces , being Members of the Crown of France . And in the third year of his Reign n imposing 3 s. upon every Plough-land , for discharge of a Dowry of 30000 Marks to be given in marriage with his Niece Blanch , the collecting whereof the Archbishop of York opposed in his Province ; for which , and refusing to come upon summons to his Treaty in France , seizing his Temporalities , the Archbishop Interdicted the whole Province of York , and Excommunicated the Sheriff ; Into which County the King , with his Queen Isabel , afterwards making their Progress , in their Journey towards Scotland , and exacting great Fines of Offenders in his Forests , the Archbishop his Brother refused him Wine , and the Honour of the Bells at Beverly . A reconciliation was notwithstanding made betwixt them , by the mediation of four Bishops , and as many Barons , with a great sum of money , and a promise to reform excesses on both parts : When the King , upon Easter after his return from the North , was again Crowned at Canterbury , and with him his Queen , by the Archbishop Hubert ; and there the Earls and Barons of England were summoned to be ready with Horse and Armour , to pass the Seas with him presently after Whitsontide ; but they holding a Conference together at Leicester , by a general consent , sent him word , that unless he would render them their Rights and Liberties , they would not attend him out of the Kingdom ; whereupon he required of them security , by the delivering up unto him the principal of their Castles , and began with William de Albany , for his Castle of Belvoir , who delivered unto him his Son as a Pledge , but not the Castle . And the King , with the King of France , being after solicited by the Popes Legate , obtained a Subsidy of the fortieth part of all their Subjects Revenues for one year , by way of Alms , to succour the Holy Lands ; for the levying whereof in England , Geffery Fitz-Peter , Justiciar in England , sent out his Writs by way of request and perswasion , ( not as of due , or by co-action ) to avoid example . Howsoever , the King of France declared for Arthur , to whom he married his youngest Daughter , required King John to deliver up unto him all his Provinces in France , and by a peremptory day summon'd him to appear personally at Paris , to answer what should be laid to his charge , and abide the Arrest of his Court , which he refusing , was by sentence adjudged to lose all which he did hold in France of that Crown ; who thus beset with the King of France on the one side , and his Nephew Arthur and the Barons of o Anjou on the other , who laid siege to Mirabel , defended by Eleanor Mother of King John , who by her intermedling , turbulent , and unquiet spirit , had done him no good : with great expedition relieved it , by defeating the whole Army ; carrying away Prisoners Earl Arthur , Hugh le Brun , all the Barons of Anjou , and 200 Knights . Whereupon , Arthur being shortly after murdered in Prison , and the deed laid to his charge , with the cruel execution of many of his Prisoners , it so exasperated the Nobility of Britain and Poicteau , as they all took Arms against him , and summon'd him to answer in the Court of Justice of the King of France ; which he denying , was condemned to forfeit the Dutchy of Normandy , which his Ancestors had held by the space of 300 years : and of that , and all his other Provinces in France , became wholly dispossest . And with that disastrous success returning into England , charged the Earls and Barons with the reproach of his losses in France , and fined them to pay the fourth part of all their Goods , for refusing their aid , to which the feudal Laws and their tenures had obliged them . Neither spared he the Church or Commonwealth in the like Imposition : of which Geffery Fitz-Peter , Justiciar of England , was Collector for the Laity , and Hubert Archbishop of Canterbury for the Clergy . Which being not enough to supply his occasions for War in France , ( where great Estates of many of the English Nobility then lay ) a Parliament was convoked at Oxford , wherein was granted two Marks and a half of every Knights F●e for Military Aid ; the Clergy promising to do the like on their part . In anno 8o. of his Reign , another Imposition was laid , of the 13 th . part of all the moveables of the Clergy and Laity , which was again opposed by the Archbishop of York , who solemnly accursed the Receivers thereof p within his Province , and departed out of the Kingdom . Unto which also was added a miserable breach betwixt Legiance and Authority ; for Hubert Archbishop of Canterbury being dead , a great controversy happened betwixt the King and the Pope , upon the Monks of Canterbury's ( who were sent about it to Rome ) election of Stephen Langton a Cardinal ; who , though an English-man born , had been bred in France , and an adhaerent to that King ; Being thus elected , and consecrated by the Pope at Viterbium in Italy , the election of the Bishop of Norwich , whom the King had procured to be elected , being made void , and those Monks and the rest of the Agents sent home , with the Popes Letters , exhorting the King benignly to receive Stephen Langton ; and charging the Monks remaining at Canterbury , by virtue of holy Obedience , to obey the Archbishop in all Temporal and Spiritual matters : With which the King being greatly displeased , seized upon all which the Monks had , who with their Prior hasted away to Flanders . And writing a sharp Letter to the Pope concerning the wrong done unto him , in making void the election of Gray Bishop of Norwich , and advancing Stephen Langton , a man unknown to him ; and which was more to his prejudice , without his consent : gave him to understand , that he would stand for the liberties of his Crown to the death ; constantly affirming , that he could not revoke the election of the Bishop of Norwich , and that if he were not righted therein , he would stop up his passages of his Subjects to Rome ; and , if necessity required , had in his Kingdom of England , and other his Dominions , Archbishops , Bishops , and other Prelates , of so sufficient Learning , as they needed not to beg Justice and Judgment of Strangers . Unto which as angry a Letter being returned , and two Monks , who were staid at Dover , having been sent from Rome to demand his assent for the election of Stephen Langton , admonished him to endeavour to give him and the Church their Right , and not to cast himself into those difficulties from whence he could not easily release himself : since He in the end must overcome , to whom all knees bow in Heaven , Earth , and Hell , whose Vicegerency here below he exercised ; Neither was it safe for him to repugn God and the Church , for which the glorious Martyr and Bishop Thomas Becket shed his Bloud : especially since his Father and Brother , late Kings of England , have in the hands of the Legates of the Apostolick See , abjured ( which the Records and Memorials of England do with great clearness contradict ) that ( as he pleased to call it ) Impious Custom . And when he was q informed how the King had proceeded against the Church of Canterbury sent his Mandates to the Bishops of Ely , London , and Worcester , to exhort him to reform himself ; and if they found him contumacious , to interdict the whole Kingdom ; and if that would not correct him , would lay a severe hand on him . Which they being ready to obey , with tears beseeching him that he would call home the Archbishop and the Monks of Canterbury , and avoid the scandal of interdiction : The King in a great Passion against the Pope and Cardinal , interrupting their Speech , Swore , that if they , or any other , should dare to put the Kingdom under Interdiction , he would presently send all the Clergy of England to the Pope , and confiscate their Goods ; and that if any of Rome should be found within any part of his Land , he would cause their Eyes to be put out , their Noses cut , ( over fierce punishments long before usually and indifferently inflicted upon offending Criminals , Laicks and Clergy , by our Saxon and Norman Ancestors , much before , and sometimes , since the time of our William the Conquerour ) and so sent home , that by those marks they might be known of other Nations ; charging the Bishops moreover , presently to avoid his presence , as they would avoid their own danger . Of which the Pope being certified by those Bishops , the whole Kingdom was shortly after interdicted , all Ecclesiastical Sacraments and Offices ( except Confession , Extream Unction , and Baptism of Children ) seized , and Dead were put into the Earth without Priest or Prayer ; the King by his Sheriffs and Ministers commanded all Prelates and their Servants to depart the Kingdom , confiscated all the Revenues of the Bishopricks , Abbyes and Priories ; many of the Prelates getting into the Monasteries , as places priviledged . And not forgetting the Indignities , Hardships , Necessities , and ill usages , which had been undutifully put upon him by some of his Barons , with the Domineering of the Pope , his Legates and Clergy , whilst like a Tennis-Ball he had been betwixt them tost from one hand , Wall and Racket to another , with the great oppressions which had been laid upon him by the Clergy of one part , and some of his unruly Barons on the other ; the discords of the former more encouraging the latter by the Popes Excommunication , and Interdicting his Kingdom , did the better to prevent the revolt of his Subjects , which might follow upon his breach with the Church , send with a Military power to all the great men of the Kingdom to give Pledges for the assurance of their Fidelity ; wherein some of them gave satisfaction by sending their Sons , Nephews , or nearest of Kin ; amongst whom William de Brause a great Baron being sent unto , his Lady too sharply giving an answer , before her Husband could do it , That the King should have none of her Son to keep , that was so ill a keeper of his own Brothers Son Arthur ; but her Lord reprehending her for it , returned his answer , That he was ready if he had offended , to satisfy the King without any Pledge , according to the judgment of his Court , and that of his Peers . The King displeased with the Londoners , removed his Exchequer to Northampton , marched with an Army to make War against the King of Scotland ; and that business appeased , in his return back caused all the Inclosures in his Forests to be laid open . The Pope seeing that he would not yield , proceeded to an Excommunication of his Person , which did put him into a desperate rage against the Clergy , who durst not execute the Popes Mandate for many days after ; which Excommunication of the King was accompanied with that of the Emperour Otho his Nephew , and all the Estates of Germany and the Roman Empire were absolved from their Obedience and Fidelity : But the King having gained great Treasure from the Iews made a Voyage into Ireland , where receiving the Homage of many , and reducing much of that Country to his obedience , ordained the same to be governed by the Laws and Customs of England ( the contests whereof were not then fully settled ) making the Coin and Money thereof to be there Currant , and leaving John Grey Bishop of Norwich to be Justiciar , and there after three Months stay returned into Wales , which had Rebelled ; reduced them to Obedience , taking 28 of the Children of their best Families for Pledges : Whence returning in the 13th . year of his Reign , he required , and had of every Knight that attended not his Army in that Expedition , two Marks ; and at Northampton received the Popes Agents , Pandulphus and Durandus , who were sent to make a Peace betwixt the Kingdom and Priesthood , ( too many of whom in matters against the King were seldom at odds ) by whose exhortation , and the consideration of the State of the Kingdom , he consented that the Archbishop , and all the exiled Bishops , and Monks of Canterbury , should in peace return to their own ; but refused to make satisfaction for their Goods taken away . They depart unsatisfied , which made the Pope more Imperious to constrain him to do whatsoever he desired ; and to that end Absolved all his Subjects upon what occasion soever from all their obedience , strictly forbidding them under pain of Excommunication Board , Councel and Conference . Who preparing to suppress an Insurrection of some of the Welsh , had intelligence , that if he proceeded therein , he would either be killed or betrayed ; whereupon he returned to London , required Pledges of the Nobility , and had them ; Eustace de Vescy , and Robert Fitz-Walter , being accused of the Conspiracy , fled , the one into Scotland , the other into France ; and the Pope pronouncing the Kings absolute Deposition from the Regal Government of the Kingdom , wrote to the King of France a perfidious dangerous enemy of King John's ; That as he looked to have remission of his Sins , he should take the charge upon him to expel him out of the Kingdom of England , and possess the same to Him and his Heirs for ever ; and sent Letters to the s Princes and great Men of other Nations , That they should aid the King of France in the dejection of that contumacious King of England , in revenge of the Injuries done to the Universal Church : granting like remission of their Sins , as if they undertook the Holy War. The King of France thereupon making great preparations against him , and with that Commission the Archbishop of Canterbury , and the other exiled Bishops , with Pandulphus the Popes Legate , being sent unto him : private instructions were given by the Pope to Pandulphus , his juggling Legate , at his returning into England out of the King of France's great Army prepared against him , that if , upon the Preparation and Forces gathered by the King of France for his dejection , he could work the King of England to such conditions as he should propound , Absolution and Restauration should be granted unto him ; Who , thus distressed , t not only granted restitution and satisfaction of whatever had been taken from the Archbishop , and Monks of Canterbury , and the Bishops of London , Bathe , and Lincoln , ( who were fled into France to the Archbishop ) but also laid down his Crown , Scepter , Sword , and Ring , the Ensigns of his Regality , at the feet of Pandulphus , as a Livery and Seizin of the Kingdom of England to the Pope , and submitted himself to the judgment and mercy of the Church ; which being , two days after , or , as some have written , six , restored unto him , upon an agreement made at the receiving thereof upon his Oath , u Non sine dolore , ( saith Matthew Paris ) tactis sacrosanctis Evangeliis , in praesentia Pandulphi , se judicio sanctae Ecclesiae pariturum , & sexdecim cum eo Comites & Barones ex potentioribus Regni in animam ipsius Regis juraverunt : Quod si fortè facti paeniteret , ipsi eum pro possibilitate compellerent ; And thereupon , convenerunt decimo tertio die Maii , apud Doveriam , ( viz. ) die Lunae , proximo ante Ascensionem Domini Rex , & Pandulphus , cum Comitibus , Baronibus , & turba multa nimis ( no House of Commons certainly ) ubi in pacis formam unanimitèr consenserunt ; And in the King's Name , and under his Seal , it was declared by the Title of Iohannes Dei Gratiâ , ( not of the Pope , or People ; ) and four of the Barons , ( viz. ) William Earl of Salisbury , his Brother , Reginald Earl of Boloigne , William Earl of Warren , and William de Ferrariis , juraver ant in animam suam , ( i. e. Regis ) That they should , bonâ side , in every thing observe that Peace and Agreement . And he did likewise solemnly and absolutely swear , stare mandato Domini Papae , to stand to the will and command of the Pope , and his Legate or Legates aforesaid , in all things ; for not doing whereof , he was excommunicated by him ; and that he should not molest Stephen Archbishop of Canterbury , William Bishop of London , Eustace Bishop of Ely , Giles Bishop of Hereford , Iosceline Bishop of Bath , Hubert Bishop of Lincoln , the Prior and Monks of Canterbury , Robert Fitz-Walter , ( whose Castle of Baynard , in or near London , the King had before seized , with all his other Lands and Estate , proclaiming him a Traytor ) and Eustace de Vescy , with all other Clarks and Laicks , which had adhaered unto them , but continue in a firm peace and good accord with them ; and should publickly take his Oath before the said L gate or his Delegate , that he should not hurt , or cause them to be molested in their Persons , Lands , Goods , or Estates ; but should receive them into his grace and favour , and pardon all their Offences ; not hinder the said Archbishops and Bishops in their jurisdictions and execution of their Office , but they might fully execute their Authority as they ought ; and should grant to the Pope , Archbishops , and Bishops , his Letters Patents thereof , upon Oaths to be taken by the Bishops , Earls , and Barons , and their Letters Patents given , that they would firmly and truly hold and keep the said Peace and Agreement ; and if he by himself , or others , should infringe it ; they in the behalf of the Church , should oppose the Violators of the said Peace and Agrement ; and he should lose the benefit of the Custody of their Churches , in the vacancy thereof : and if he could not perswade others to keep the last part of the Oath , that is to say , by himself , or others should contradict or go against it , they should put in execution the power of the Church , and Apostolick Command ; and did by his Letters Patents , further oblige himself to quit and renounce all his Rights and Patronage , which he had in any of the Churches of England ; and the said Letters Patents , should be transmitted and delivered to the said Archbishop and Bishops , before their coming into England ; the said Archbishop and Bishops , with a Salvo honore Dei & Ecclesiae , giving caution by their Oaths , and Letters Patents that , neither they , nor any on their behalf , should attempt or do any thing against his Person or Crown , whilst he observed and secured unto them the Peace and Agreement as aforesaid ; And as to what was taken from them , should make unto them full Restitution , with Damages for all that had been done as well to Clerks as Laicks , intermedling in those Affairs , not only as to their Goods and Estates , but all Liberties which should be preserved unto them , and to the Archbishop and Bishop of Lincoln , from the time of their Consecrations , and to all others from the time of the aforesaid Discords ; nor should there be any hindrance to the living or dead , by any of his grants or promises before made ; neither should he retain any thing by way of Service due unto him , but only the Services which should hereafter be due unto him ; all Clerks and Laicks , imprisoned upon that occasion , should be restored to Liberty : And the King should presently after Absolution given to him , by him that should do it , cause to be delivered to the said Archbishop , Bishops , and Monks of Canterbury , 8000 l. Sterling , in part of Restitution of what had been taken from them ; and pay their Debts and Charges , in returning to England , that is , unto Stephen Archbishop of Canterbury , 2500 l. William Bishop of London , 750 l. Eustace Bishop of Ely as much , Iosceline Bishop of Bath , and Hubert Bishop of Lincoln , the like several Sums of Money ; and to the Prior and Monks of Canterbury , 1000 l. That as soon as the Peace should be allowed , and accepted by them ; he should restore unto them all the Moveables which he had taken from them , publickly revoke the Interdict or Outlamry so called , made and pronounced against Ecclesiastical Persons , and protest that it did not at all belong unto him so to do ; And that therefore he should not do it , but revoke the Outlawing of any of the Laity that had taken their part , and remit all that he had received from any Ecclesiastical man : praeter Regni consuetudinem & Ecclesiae libertatem ; and that if any questions should arise concerning the Damages done , it should be determined upon proofs by the Legate or Delegate of the Pope : All which being done , the Popes Sentence and Interdict should be taken off and discharged ; And if any doubts should arise touching any other parts of the Articles of Agreement , and any which were material , or substential , should happen , that could not be determined by the Legate or Delegates of the Pope ; by the Peoples consent , they should be referred to the Popes Arbitration ; and that whatsoever he should Decree , might be observed . Dated 13 die Maii apud Doveram . Rebus sic expeditis , and the matter so ended and agreed upon ; convenerunt iterum Rex x Anglorum & Pandulphus cum ' proceribus Regni apud domum militum Templi juxta Doveram decimo quinto d●e Maii in vigilia Dominica Ascensionis , ubi idem Rex juxta quod Romae fuerat sententiarum resignavit Coronam suam cum Regiis Angliae & Hiberniae in manu Domini Papae cujus vices tum gerebat Pandulphus memortus factâ autem resignatione dedit Papae et ejus Successoribus Regna praedicta quae & Charta confirmavit , in these words , viz. Johannes Dei gratiâ Rex Angliae , &c. omnibus Christi fidelibus hanc Chartam inspecturis , salutem in Domino ; Universitate vestrae per hanc Chartam sigillo nostro munitam , volumus esse notum , quòd cùm Deum & Matrem nostram sanctam Ecclesiam offenderimus in multis , & perindè divinâ misericordiâ plurimùm indigeamus , nec quid dignè offerre possimus pro satisfactione Deo , & Ecclesiae , debita facienda nisi nosmet ipsos humiliemus & Regna nostra ; volentes nos ipsos humiliare , pro illo qui se pro nobis humiliavit usque ad mortem , gratiâ sancti spiritûs inspirante , non vi interdicti , nec timore coacti , sed nostrâ bonâ spontaneâque voluntate , ac communi consilio Baronum nostrorum conferimus , & liberè concedimus Deo , & sanctis Apostolis ejus Petro & Paulo , & sanctae Romanae Ecclesiae Matronae nostrae ; ac Domino Papae Innocentio , ejusque Catholicis successoribus , totum Regnum Angliae , & totum Regnum Hiberniae , cum omni jure & pertinentiis suis , pro remissione omnium peccatorum nostrorum , & totius generis nostri , tàm pro vivis quàm pro defunctis , & amodò illa ab eo & Ecclesia Romana , tanquam secundarius recipientes & tenentes , in praesentiâ prudentis viri Pandulphi , Domini Papae Subdiaconi & familiaris . Exindè praedicto Domino Papae Innocentio , ejusque Catholicis Successoribus , & Ecclesiae Romanae , secundum subscriptam formam fecimus & juravimus , & homagium ligium in praesentiâ Pandulphi : Si coram Domino Papa esse poterimus , eidem faciemus : Successores nostros , & Haeredes de Uxore nostrâ in perpetuum obligantes , ut simili modo summo Pontifici qui pro tempore fuerit , & Ecclesiae Romanae ; sine contradictione debeant sidelitatem praestare , & homagium recognoscere . Ad indicium autem hujus nostrae perpetuae obligationis & concessionis , volumus & stabilimus , ut de propriis & specialibus redditibus nostris praedictorum Regnorum , pro omni servito & consuetudine , quae pro ipsis facere debemus salvis por omnia denariis beati Petri , Ecclesia Romana , mille marcas Esterlingorum percipiat annuatim ; in Festo scilicet Sancti Michaelis quingentas marcas , & in Pascha quingentas ; septingentas scilicet pro Regno Angliae , & trecentas pro Regno Hiberniae . Salvis Nobis & Heredibus Nostris , Iustitiis , Libertatibus , & Regalibus Nostris . Que omnia sicut superscripta sunt , rata esse volentes atque firma ; obligamus Nos & Successores Nostros , c●ntra non venire ; & st Nos vel aliquis successorum Nastrorum contra hec attentare presumpserit , quicunque ille fuerit , nisi rite commo●itus resipuerit , cadat à jure Regni . Et hee charta obligationis & concessionis Nostre . Teste meipso , apud domum militum Templi juxta Doveram , coram H. Dublinensi Archiepiscopo , Johanni Norwicensi Episcopo , Galfrido filto Petri , W. Comite Sarisberiae , Willielmo , Comite Penbroke , R. Comite Bononiae , W. Comite Warenne , S. Comite Winton , W. Comite Arundel , W. Comite de Ferrariis , W. Briwere , Petro filio Hereberti , Warino filio Geroldi , 15 o ▪ die Maii , anno Regni Nostri quarto decimo . Charta itaque Regis in scriptum , ut dictum est , redacta , tradidit eam Rex Pandulpho , Romam Papae Innocentio deferendam ; & continuò cunctis videntibus , homagium fecit subscriptum . Ego Johannes , Dei gratia Rex Angliae & Dominus Hiberniae , ab hac hora & in anteà , fidelis ero Deo & beato Petro & Ecclesiae Romanae & Domino meo Papae Domino Innocentio , ejusque successoribus Catholicè intrantibus , non ero in facto , in dicto , consensu vel consilio , ut vitam perdant vel membra , vel mala captione capiantur , eorum damnum , si sic vero , impediam , & remanere faciam , si potero ; alioquin eis , quam citus potero , intimabo , vel tali personae dicam , quam eis credam pro certo dicturam . Consilium quod mihi crediderint , per se vel per nuntios suos seu literas suas , secretum tenebo ; & ad eorum damnum nulli pandam me sciente . Patrimonium beati Petri , & specialiter Regnum Angliae , & Regnum Hiberniae adjutor ero ad tenendum & defendendum , contrà omnes homines pro posse meo . Sic meo adjuvet Deus , & haec sancta Evangelia . Amen . Acta autem sunt haec , ut praedictum est in vigilia Dominicae Ascencionis , praesentibus Episcopis , Comitibus & Magnatibus supradictis . Pandulphus autem pecuniam , quam in Arrham subjectionis Rex contulerat , sub pede sua conculcavit ; Archiepiscopo dolente & reclamantis . After which the Nobility refuse to aid the King in his wars to assist the Earl of Flanders y against the King of France , until he were absolved , and had confirmed unto them their Liberties ; whereupon the King ( much against his will ) was constrain'd to submit to the present pressure and necessity , sent to the Archbishop of Canterbury and the other Bishops , who were yet in France , promising them present restitution and satisfaction , under the Hands and Seals of 24 of his Earls and Barons , undertaking for the performance thereof according to the form of his Charter and Agreement made and granted in that behalf ; and the better to prepare them z to give him their assistance , directed the ensuing Letter to meet them in these words : Rex Venerabili in Christo Patri , S. Dei gratiâ Cant ' Archiepiscopo totius Angliae Primati , & sanctae Romanae Ecclesiae Cardinali , & omnibus suffraganeis suis Episcopis , cum eo existentibus Johannes eadem gratiâ Rex Angliae , &c. mandamus vobis quòd cùm veneritis in Angliam scientes quòd jamdiù vos expectavimus , & adventum vestrum desideravimus , unde in occursum vestrum mittimus fideles nostros Dominum H. Dublin ' Archiepiscopum , J. Norwici Episcopum , W. Com' Arundel , Mattheum filium Herberti , W. Archidiaconum Huntindon , rogantes quatenùs ad nos venire festinetis , sicut praedicti fideles nostri vobis dicent T. meipso apud Stoaks Episcopi , primo die Julii . Whereupon Pandulphus , with the Archbishop and the rest of the exiled Clergy , ( upon his confiscation of their Estates ) forthwith came over and found him at Winchester , who z went forth to meet them , and on his knees with Tears received them , beseeching them to have Compassion on him , and the Kingdom of England ; and being thereupon Absolved with great Penitence , Weeping and Compunction , accompanied with the Tears of the many Beholders ; did Swear upon the Evangelists to Love , Defend and Maintain Holy Church and the Ministers thereof , to the utmost of his Power ; that he would renew the good Laws of his Predecessors , especially those of King Edward , abrogating such as were unjust ; would Judge all his Subjects according to the just Judgment of his Court ( which was then , and for many Ages before , composed only of the King and his Nobility , Bishops , and Lords Spiritual , with his great Officers of State , and such Assistants as he would please to call unto it ) and that presently upon Easter next following he would make plenary satisfaction for whatsoever had been taken from the Church . Which done , he went to Portsmouth , with intention to pass over into France ; committing the Government of the Kingdom to the Bishop of Winchester , and Jeffrey Fitz-Peter Justiciar , a man of a Generous Spirit , Learned in the Laws , and Skilful in Government ; who were also to take the Councel of the Archbishop of Canterbury . The Souldiers being numerous , and wanting Money to attend him , desired to be Supplied out of his Exchequer ; which he refusing to do , or wanting it , in a great rage with his private Family , took Shipping , and put forth to the Isle of Jersey ; but seeing none of his Nobles and others followed him ( according to their Tenures and Homage ) was forced , having lost his opportunity of the Season , to return into England , where he gathered an Army , with intention to Chastise the Lords , who had so forsaken him , having for the like Offence some years before taken by way of Fine a great sum of Money : Quòd noluerunt eum sequi ad partes transmarinas ut haereditatem amissam recuperaret . But the Archbishop of Canterbury followed him to Northampton , urging him that it was against his Oath taken at his Absolution , to proceed in that manner against any man without the Judgment of his Court ; to whom the King in great wrath replyed , that he would not defer the business of the Kingdom for his pleasure , seeing Lay Judgment appertained not to him ; and marched to Nottingham . The Archbishop followed him , and plainly told him , that unless he would desist , he would Excommunicate all such as should take Arms against any before the releasing of the Interdiction , and would not leave him until he had obtained a convenient day for the Lords to come to his Court , which shortly after they did . And a Parliament was assembled at St. Pauls in London , wherein the Archbishop of Canterbury produced the said Charter of King Henry I. whereby he granted the ancient Liberties of the Kingdom of England , according to the Laws of King Edward , with those emendations which his Father , by the counsel of his Barons , had ratified : upon the reading whereof , gaudio magno valdè , saith Matthew Paris , they greatly rejoyced , and swore in the presence of the Archbishop , that for those Liberties , viso tempore congruo si necesse fuerit decertabunt usque ad mortem Archiepiscopus promisit eis fidelissimum auxilium suum pro posse suo & sic confederatione facta inter eos colloquium solutum fuit . The Pope , advertised of those disturbances , by his Bull directed Baronibus Angliae , ( but not to those Bishops displaying the Banner of his supposed Authority , which had encouraged , and animated , and caused them to persist therein ) stiling those Quaestiones novitèr suscitatas grave dispendium parituras , did prohibit , under the pain of Excommunication , all Conspiracies and Insurrections , from the time of the Discords inter Regnum & Sacerdotium , which had been quieted Apostolica autoritate , admonished them Regem placare & reconciliare exhibentes ei servitia consueta , which They and their Predecessors had done unto Him and his Predecessors ; and if they had any thing to require of him , they should not ask it insolenter , sed cum reverentia , preserving his Regal Honour and Authority , that so they might the more easily obtain what they desired ; and assured them that he would desire the King that he should be kind to them , and admit their just Petitions . But the Barons persisting in their armed Violence and Rebellion against the King , notwithstanding that weather-beaten Prince had , for shelter , taken upon him the Cross and War for the recovery of the Holy-Land , ( then so called ) the Pope in July following sent his Bull to the universality of the d Barons , Bishops , and Commonalty of England ; wherein reciting , that the Barons had sent their Agents unto him , and that he had commanded the Archbishops , Bishops and Archdeacons ut conspirationes & conjurationes praesumptas , from the the time of the discords inter Regnum & Sacerdotium , that they should Apostolic à autoritate forbid them by Excommunication to proceed any farther therein , and enjoyn the Barons to endeavour to pacifie the King , and reconcile themselves unto him ; and if they had any thing to demand of him , it should be done , conservando sibi Regalem Honorem exhibendo servitia debita quibus ipse Rex non debebat absque Judicio spoliari . And that he had commanded the King to be admonished and enjoyned , as he would have remission of his sins , graciously to give them a safe conduct , and receive their just Petitions , ita si quod fortè non posset inter eos concordia provenire in curia sua per Pares eorum secundum Regni consuetudinem atque Leges mota deberet discordia Barones ipsi sua non expectata responsa , should not presume contra Dominum suum arma movere temeritate nefaria , seeing the King had taken upon him the Cross for the recovery of the Holy-Land , so as it might seem quod conspirationem inhierint detestandam ut eum taliter de Regno possint ejicere & violare , their homage and fidelity sworn to the King , quod quàm crudele sit , actu & horrendum auditu cum pernitiosi materia sit & causa suis temporibus in audita manifestè cognoscit quicunque judicis utitur ratione ; and therefore , as he ought to make peace for the King of England , who was his Vassal , and specially needed his protection , commanded the Bishops and their Suffragans , that unless the said Barons and their Adherents should within eight days after the receipt of his Bull , or Letters , omni cavillatione postposità , surcease their doings , they should excommunicate them omni appellatione remota , interdict their Lands , Churches and Estates , and every Sunday publish and declare it , & nè igitur propter quosdam perversos universitatis sinceritas corrumpatur , commanded and exhorted them in remissionem peccatorum injungentes quatenus praefato Regi adversus perversores hujusmodi , they should give all fitting aid and favour scientes pro certo quòd si Rex ipse remissus esset aut tepidus in ea parte nos ( i. e. Papa ) Regnum Angliae non pateremur in tantam ignominiam deduci cùm sciamus per Dei gratiam , & possumus talem insolentiam castigare . But the Quarrels going on e more and more , the King sent his Procurator or Agent to Rome , and the discontented Barons theirs , who did urge , saith John Mauclerc , the King 's trusty Agent , in a Letter written from thence unto him , that the Magnates Angliae scilicet Boreales , & ut praedicti Nuntii dicunt Papae omnes Barones Angliae instantèr supplicant , quòd cùm ipse sit Dominus Angliae , he should diligently admonish , and , if need should be , compel him to observe the ancient Liberties grantted by Him and his Ancestors Charters , and confirmed by his Oath ; and did likewise alledge , quòd cùm ille à praedictis Baronibus inde requisitus fuisset in Epiphaniâ Domino apud London spreto proprio juramento non tantum libertates suas antiquas & consuetas eis concedere , contemptuously refused , unless they would promise & etiam per Chartas suas darent quod nunquam de caetero tales libertates , from Him vel Successoribus suis exigerent , quòd omnes Barones praeter Dominum Winthon , & Comitem Cestriae , & Willielmum Brewere hoc facere renuerent . Supplicaverunt autem Domino Papae quòd ipse super his eis provideret cùm satis constet ei quòd ipsi audactèr pro libertate Ecclesiae ad mandatum suum , would oppose the King , & quod he had granted , an annum redditum Domino Papae & Ecclesiae Romanae , and exhibited and done , alios honores , & ei Romanae Ecclesiae non sponte nec ex Devotione , imò ex timore & coactione : who , thus perplexed , assayed all he could to pacifie Pope Innocent by his Letter written unto him , complaining , that the Barons of England , who were devoted unto him before he had f surrendred and subjected his Realm unto him , had since , for that very reason , as they publickly alledged , ( when it mentioned it to have been done Consilio Baronum suorum , and many of the principal of them had been witnesses to that dishonourable Grant ) taken Arms against him , as he expressed it in these words , cum Comites & Barones Angliae , nobis devoti essent antequam nos & nostram terram Dominio vestro subjicere curassemus extunc in nos specialiter ab hoc sicut publice dicunt violenter insurgent , earnestly desired his protection , aid and assistance , and sent his Agents unto him , to confirm his Charters granted to Queen Berengaria , Widow of King Richard I. ( g not to deliver or grant any new Charter of the Kingdom of England , wherein Samuel Daniel may be understood to have been mistaken , h for Mr. Pryn in his late Historical Collections of that King's Reign , and Matthew Paris , i do give no such account of it ; ) whereupon Nicholas Bishop of Tusculan being sent into England , congregavit consilium in urbe Londinensi apud Sanctum Paulum ubi congregatis Archiepiscopis , Episcopis , Abbatibus , Prioribus , Comitibus , Baronibus , & aliis ad interdicti negotium spectantibus , Forty Thousand Marks were agreed to be paid to the Archbishops , and Monks of Canterbury , and the rest of the exiled Clergy : and the Bishops of Winchester and Norwich Sureties for Thirteen Thousand Marks of it remaining unpaid . k The King being absolved , the Interdict ( which had continued six years , three months , and fourteen days , to the great damage and loss of the Church and Clergy ) was discharged and l taken off . The Barons , notwithstanding that Clergy-pacification , assembled themselves at St. Edmundsbury , where they consulted of the late produced Charter of King Henry I. and swore upon the High-Altar , That if the King refused to confirm and restore unto them their Liberties , they would make war upon him until he had satisfied them therein ; agreed , that after Christmas they would petition him for the same , and in the mean time would provide themselves of Horse and Arms , to be ready if he should start from his Oath made at his Absolution for the confirmation of those Liberties , and compel him to satisfiee their demands . After which time they came in a Military manner to the King , lying at the New-Temple , urgeing their desires with great vehemency : who seeing their inclinations and resolution , answered , he would take consideration thereof until Easter following . Howsoever , these Lords continued their resolution , mustered their Forces at Stamford , ( wherein were said to have been 2000 Knights , besides Esquires , with those that served on foot ) and from thence marched towards Oxford : From whence the King sending unto them the Archbishop of Canterbury , William Marescal Earl of Pembroke , to demand of them , What were those Laws and Liberties which they required ? whereof a Schedule being shewed , and by the Commissioners delivered to the King , he , after the reading thereof , in great indignation asked , Why the Barons likewise did not demand the Kingdom ? and swore , that he never would grant those Liberties whereby to make himself a Servant ; Upon which answer returned , those Barons seizing some of his Castles , march'd towards Northampton , which they besieged , constituted Robert Fitz-Walter their General , ( whom they stiled m Marshal of the Army of God and Holy Church ) took the Castle of Bedford , whither the Londoners sent their private Messengers with offers to joyn with them , and deliver up the City to be guarded by them ; unto which they repairing , were joyfully received , and had it delivered unto them , ubi Baronibus favebans divites , pauperis obloqui , saith Matthew Paris , metuebant , from whence ( daily encreasing in the number of their Confederates , & à Civibus accepta securitate ) they sent their Lettess to all the Earls , Barons and Knights which yet adhered to the King , exhorting and threatning them , as they loved Themselves , their Lives and Estates , they should forsake a perjured King , and joyn with them to obtain their Liberties , otherwise they would take them for publick Enemies , turn their Arms against them , destroy their Castles , burn their Houses , and spoil their Lands and Estates : The greatest part whereof , upon those threatnings , did so think it to be their safer way to forsake Him and their Loyalty , as they joyned with them . The King finding himself fere derelictum ab omnibus , and but seven Knights ex omni multitudine Regia abiding by him timuit valdè , lest the Barons in castra sua impetum facientes illa sine difficultate sibi subjugarent , especially when they should find nothing to hinder them , sent William Marescal Earl of Pembroke and others to treat with them ( being then at London ) for a Peace , with an offer to grant the Laws and Liberties demanded ; and thereupon statuerunt Regi diem ad colloquium in pratum inter Stains & Windleshores , 15o. die Junii , where Rex & Magnates being met , and treating concerning the Liberties , and a lasting Peace , ( there being with the King , besides Pandulphus and Stephen Archbishop of Canterbury , his double-dealing Friends , and some few others , in all but Twenty-five ) tandem cum in varia sorte tractassent the King vires suas Baronum viribus impares intelligens sine difficultate Leges & Libertates coneessit , & Charta sua confirmavit data per manum suam in prato , quod vocatur Running-Mead , inter Stains & Windleshores , decimo quinto die Junii , anno Regni sui decimo septimo . Which ( as Matthew Paris , a Monk of St. Albans , living not only at the same time , but being Historiographer unto King Henry III. his Son , privy to many of his affairs , and wrote in the 57th . year of his Reign , hath faithfully related o those passages and proceedings ) was , as to the preamble thereof , ( the exact and full tenor thereof being with it truly mentioned in his Book ) in these words : Intuitu Dei & pro salute animae meae & Antecessorum omnium , & Haeredum suorum ad honorem Dei , exaltationem sanctae Ecclesiae , & emendationem p Regni sui per concilium Stephani Archiepiscopi Cantuarensis , ( who prepared them , and had incited the Pope and Barons against him ) & aliorum Episcoporum ibi nominat , Pandulphi Domini Papae Subdiaconi & familiaris , Willielmi Marescali Comitis Pembrochiae , Willielmi Comitis Sarisberiensis , Willielmi Comitis Warrenniae , &c. & aliorum fidelium mera & spontanea voluntate pro Me & Haeredibus meis Deo & liberis hominibus q Angliae habendas & tenendas eis & Haeredibus suis de Me & Haeredibus meis ; which our Laws ( no other tenure being specified ) will interpret to be in capite . And more at length , as Matthew Paris hath recorded it , with a salvis Archiepiscopis , Episcopis , Abbatibus , Prioribus , Templariis , Hospitalariis , Comitibus , Baronibus , Militibus , & omnibus aliis tàm Ecclesiasticis personis , quàm Secularibus Libertatibus & Liberis consuetudinibus quas prius habuerant ; which gave them a better security in their former Liberties than they could claim by the forced and indirect gaining of the latter ; and concluding in the perclose with his Testibus , &c. hath these words subjoyned , Libertates vero de Foresta , & liberae consuetudines quas cum libertatibus praescriptis in una schedula pro sua capacitate continere nequiverimus in Charta subscripta continentur , saith Matthew Paris . In which , not in the modern Language , and stile of our Acts of Parliament , but as Charters in the dictates of Regal Authority , as that of William the Conquerour to the Citizens of London , and that of dividing the Temporal and Spiritual Jurisdictions , and those of King Henry I. King Stephen , and Henry II. and all the Charters of Liberties and Priviledges granted by our Kings before and since to Cities , Boroughs , Corporations , and Lords of Manors ; as , the Charter of King Edward I. to the Citizens of London in the 6th . year of his Reign , and of King Edward III. in the 14th . year of his Reign to all the people of England , to be governed by the English Laws , in case he should obtain his Right to the Kingdom of France , and all our preceding Laws have used to be . He granted away many of the ancient Rights of the Crown , made and ordained new Laws , as that ( amongst others ) of Communia placita nan sequantur Curiam nostram , sed teneantur in certo loco ; and that of recovering the King's Debts , &c. Enlarged some , abrogated others , and gave unto the people greater Liberties and Immunities then the Laws of King Edward the Confessor , and the Charter of King Henry I. put altogether , had allowed them ; the Original whereof ( or the Magna Charta of King Henry III. ) remaining in the Library of the Archbishops of Canterbury at Lambeth , at the time of the Imprisonment of that martyred great Anti-Papist , William Laud , Archbishop of that See ; and the ransacking of it preceding his Murder , in the Reign of that Blessed Martyr King CHARLES I. by Hugh Peters , Mr. Pryn , and some others , thereunto appointed by their Rebellious Masters the then miscalled Parliament , was never after found ; and by it self in a distinct paragraph did follow , as it were , a Bond or Security given by King John in these words : Cùm autem pro Deo & ademendationem Regni nostri , & ad melius sapiendam discordiam inter nos & Barones haec omnia concessimus volentes in integra & firma stabilitate gauderi facimus & concedimus securieatem subscriptam , ( viz. ) That the Barons should elect Twenty-five Barons of the Realm , who should be Conservators thereof , & pro totis viribur suis observare , tenere , & facere observari pacem & libertates quas eis concessimus , and correct the King's defaults in Government . Of which number s Gilbert de Clare , Earl of Gloucester and Hertford , was one , with a power , that if the King or his Chief-Justiciar , should trangress in any Articles of the Laws , it should be lawful for any Four of them , after Forty days notice given to Him , or his Chief-Justiciar , and no amendment , to complain to the rest , and joyning with Them and the People , to distrain and compel him , with a salvâ Personâ Regis only , & Reginae , & liberorum suorum . Et isti 25o. Barones juraverunt in animabus suis Rege hoc disponente quod omni instantia his obsequerentur , & Regem cogerent si fortè rescipisci vellet tenere sequentes , ( and the Earls of Gloucester , Arundel , and Warren , with Thirty-four other Barons , and great men ) juraverunt to obey the commands of the Twenty-five Barons , and all that would might swear to assist them and the people , cùm communia totius terrae might gravare eum cum eis , and to that end those Conservators should have his Castles of Killingworth , Northampton , Nottingham , and Scarborough , and the Castellanies or Governours sworn to obey them ; and after a general pardon granted to them , and all their adhaerents , mutual Oaths should be taken on both sides , in solemn manner , for the inviolable observing the Articles , and the King's Letters Patents sent to all the Sheriffs of the Kingdom , to cause all men ( of what degree soever ) within their several Shires to swear to observe those Laws and Liberties granted by his Charter , and was compell'd so far to suffer those Conservators to proceed in their Conservatorships , as in the same yearthey took their Oaths to perform those their new Offices , the Earls of Arundel , Gloucester , and Warren , with Hubert de Burgh , and many Barons and great men , took their Oaths also to obey and assist them . But in the mean time Gloucester and Spencer , being the chief of the Twenty-four Conservators , did draw the entire managing of the Kingdom into their own hands , compel the King to summon a great Councel at London , where the authority of the Twenty-four Conservators was deliver'd over unto themselves , and it was ordained , that Three of them at the least should attend at the Court , to dispose of the custody of the Castles , and other business of the Kingdom , with those of the Chancellor , Justiciar , and Treasurer , and of all Offices great and small , and bound the King to loose and renounce to them their legal Obedience , whensoever he should infringe his Charters ; which might , as unto a great part of them , be certainly believed to have been the very spawn and breed of those ( long-after-reviv'd ) high and mighty Nineteen Propositions which were endeavour'd to have been enforced upon the late Blessed Martyr King CHARLES , and of the late design'd Association in the Reign of His Son King CHARLES II. But that hoped pacification being made ( saith the Historian ) Jealousies and Discontents did again kindle , and break out on both sides ; the one part to keep what they had undutifully gained , and the other to get loose of what for fear he had too much yielded unto ; the King wanting none to enflame the perturbations , and anguish of his mind to tell him , that he was now a King without a Kingdom , a Lord without Dominion , and a Subject of his Subjects , the Discords , like a Wound or Sore ill-cur'd , fester'd again , and broke out . SECT . III. Of the succeeding Jealousies , Animosities , Troubles and Contests betwixt King John and his over-jealous Barons , after the granting of his Charters , and his other Transactions and Agreements with them at their tumultuous meeting at Running-Mead , with the ill usages which he had before received of them , during all the time of his Reign . HE retir'd into the Isle of Wight , whence by Agents sent to Rome he procured a definitive Sentence to condemn and nullifie what was done , and the Pope's Excommunication of the Barons , who kept about the City of London , and under colour of Tournments , and other Martial exercises , invited as many other as they could to their assistance , but did not seek to surprize his Person , or intercept his Agents , although they had strength to do it , but only to enjoy those Liberties which they had spoiled and discredited by gaining them by violence : wherein the fear of the power of an enraged Prince made them the more desperately careful to defend themselves , and finish their designs , whilst the King tarried three months in the Isle of Wight ; whence the Bishop of Worcester , Chancellor of England , Bishop of Norwich , with others , were sent with his Seal to procure Foreign Forces , and to bring them to Dover ; whither , after some small prizes taken by him , and he returning , his Agents abroad brought him an Army of Foreigners from Gascony , Lovaine , Poicteau , and Brabant , ( many of them being his French Subjects , with whose help , notwithstanding the loss of 40000 Men , Women and Children , who were drowned at Sea as they were bringing unto him by Hubert de Burgh from Calice . He besieged and took Rochester Castle , marched over most part of the Kingdom , and within half a year got in all the Barons Castles even to the borders of Scotland , and was Master of all England except the City of London , which he would not adventure upon , in regard of the Barons united Forces which lay near unto it ; marched to St. Albans , where he proclaimed the Pope's Excommunication of the Barons ; who seeing Themselves and their Wives and Children like to be ruined , and depriv'd of their Estates , ( which were given away to strangers ) desperately fell into another extreme , solicited Lewis the French King's Son to take upon him the Crown of England , wherein they promised by a free Election to invest him , and to send Pledges for the performance ; which Message being well received , a Parliament was called at Lyons by Philip the Father of Lewis , and the business resolved upon , whilst Lewis , besides the hop'd-for the title of Election , ( by those trusty Conservators of the Peoples Liberties , for their own particular Interest more than the Peoples ) supposed that he had another title from his Wife Blanch , Daughter of the Sister of the prosecuted King. In whose behalf the Pope wrote to the King of France , not to invade the King of England , but rather to defend him , in regard he was a Vassal of the Roman Church , and the Kingdom , by reason of Dominion , appertaining unto it ; whereunto the King of France answered , ( probably by the advice of the contending English Baronage ) That the Kingdom of England never was , nor is , nor ever shall be , the Patrimony of St. Peter ; That King John was never lawfull King thereof ; and if he were , he had forfeited it , by the Murder of his Nephew Arthur , for which he was condemned in his Court , and could not give it away without the consent of the Barons , who were bound in an Oath to defend the same ; and if the Pope should maintain this errour , it would be a pernicious example . Wherewith the Pope's Agents u departing unsatisfied , Lewis sent his Commissioners to Rome to declare his Rights , and justifie his undertaking ; sets forth from Callis with 600 Ships , and 80 other Vessels , and landed with his Army at Sandwich , King Iohn being then at Dover ; who upon notice of his great power , and distrusting his Mercenaries , committed the keeping of Dover Castle to Hubert de Burgh , forsook the Field , and with it himself , and retired , first to Worcester , and after to Gloucester ; whereby Lewis having subdued the whole County of Kent , ( Dover excepted ) came to London , where he was joyfully received of the Barons , and ( upon his Oath taken to restore their Laws , and recover their Rights ) had Homage and Fealty done unto him . Guallo the Pope's Agent follow'd the King to Gloucester , shews him the Pope's care of him , pronounced Excommunication against Lewis , and all that took part with him ; Notwithstanding which small comforts , in so many and great extremeties pressing hard upon him , most of his Mercenaries left him , and either returned into their own Countreys with such spoils as they had gotten , or betook themselves to the service of their Countrey-men ; But he was not yet so forsaken , for that he had power enough to infest , though not to subdue his enemies , and some faith was found amongst many of his Subjects , that well executed their trusts . Dover Castle , with a small company , held out against all the Force which Lewis could bring against it ; Windsor Castle did the like against the Barons ; Nottingham and Lincoln Castles made resolute resistance . The most fertil places of the Kingdom , as about Gloucester , the Marches of Wales , Lincolnshire , Cambridgeshire , Norfolk , Suffolk , Essex , Kent , and all about London , were the stages of the War , and the Ruins of the Kingdom were every where heard and felt ; which continuing all that Summer , about the latter-end of October then next following , that distressed King , oppressed with as many sorrows as enemies , and a grief conceived for the loss of his Carriages , and other necessaries of War , sunk in the Sands passing the Washes betwixt Lyn and Boston , fell sick of a burning Feaver , taken ( as some writers have recorded it ) by a surfeit of eating Peaches , and drinking new Ale out of a Cup , with the Venom prick'd out of a Toad put into it , given him by a Monk at Swinsted Abbey in Lincolnshire ; who , after leave given by the Abbot , and assoiled or absolved from the doing thereof , was content to poyson himself , as he did ; and bringing the Cup unto the King , sitting at meat , said , Wassail , for never in all your lyfe drancke yee of so goode a Cuppe ; To whom the King said , drincke Monch ; which he doing , and the King having drunk a great draught , did set down the Cup. The Monk retired into the Infirmatory , where his Bowels brake assunder ; The King finding himself ill at ease , and his Belly beginning to swell , and being told that the Monk was dead , commanded the x Table to be taken away , and a Truss to be provided for him ; of which , vulgata fama , Ranulphus Cestrensis , Henry de Knighton , the Book of St. Albans , printed by Caxton in the year y 1502. in his Chronicle , and Mr. William Pryn in his late History of the Pope's Usurpations in England in the Reign of King John , have given a probable account , though many of the Monks , and the then Romish Clergy , fatned and grown great by the Pope's and their extravagant and never-to-be-proved Authority over Kings and Kingdoms , were so unwilling to acknowledge it , as they did all they could to stifle and over-cast with Lies the Truth of it . Whence , in great weakness , he ( who was so little enclined to Paganism , or the Religion of Miramolin King of Africk , Morocco , and Spain , or guilty of sending Embassadors unto him ( after or before the surrender of his Kingdoms to the Pope ) with an offer to be his Tributary , z and of his Religion , of which , saith Mr. Pryn , upon a most diligent search , no vestigia or manner of evidence is to be found amongst the Records of this Kingdom , it being a meer scandal and slanderous invective forged against him , to make him odious ) was conveyed to Newark ; where , after he had received the Eucharist , and taken order for the succession of his Son Henry , he departed this life , and was buried at Worcester ; and such a care was taken by the Abbot of Swinsted for the safety of the poysoning Monk's Soul , as five Monks ( until the dissolution of that Abbey , which was 300 years after ) were from time to time stipended to sing a Requiem for it . SECT . IV. The many Affronts , Insolencies and ill usages suffered by King Henry III. until the granting of his Magna Charta and Charta de Forestae . WHich tragical end of King John , although it much altered the state of the Kingdom , yet not as to the miseries and troubles thereof ; for King Henry his Son being solemnly crowned , as a King by Succession , and not Election , was committed to the care and tutelage of Marescal Earl of * Pembroke , as Good and Wise as he was Great , a main Pillar of the Father , and a Preserver of the Crown to his Son ; who , with Guallo the Pope's Legate , the Bishops of Winchester , Bath and Worcester , did work all means to bring the Barons to an accord , excommunicated Lewis and his adhaerents ; and caused great satisfaction in the minds of some who before were disgusted with the insolency of the French , and the more upon the confession of one of the Nobility of France , who upon his death-bed ( touch'd with compunction , revealed the intention of Lewis to enslave or extinguish the English Nation , whom he thought not fit to be trusted , in regard that they had forsaken their Sovereign Lord ; which wrought so great an aversion in the English , as they who before were afraid for the shame of inconstancy , and the danger of their Sons and Pledges carried into France , and there remaining , did now resolve to relinquish their Homage and sworn Fidelity , and forsake him , and made as much hast to send him out of England , as they did to call him into it : So as after a years trouble with his Wars and Depraedations , and all the help the City of London could give him , he was enforced to come to an accord , quit the Kingdom , take 15000 Marks for the charges of his Voyage , abjure his claim to the Kingdom , promise by Oath to procure ( as far as in him lay ) his Father to restore all such Provinces in France as appertained to the Crown of England , and when he came to be King , to resign them in a peaceable manner . King Henry taking an Oath , and for him the Legate and Protector , to restore to the Barons and other his Subjects all their Rights and Heritages , with their Liberties , for which the Discords began between the late King and his People ; whereupon a general Pardon was granted , and all Prisoners freed on both sides . Lewis , after so long abode with his Army in England , being honourably attended to Dover , departed the Kingdom , and about Michaelmas after , upon the death of his Father , was received , and crowned King of France ; and Guallo the Legate ( well paid for his Negotiation ) returning to Rome , carried with him 12000 Marks , ( a great sum of money in those times ; ) And no sooner had that provident Protector of the Kingdom the Earl of Pembroke * quieted the many troubles of the Nation , but ( as much wanted as greatly lamented by the People ) he dyed . The Bishop of Winchester , with many other great Councellors , being made Protectors of the young King and his Kingdoms , but the King of France being after requested to make restitution of what he had usurped , answered , That what he had gotten by the forfeiture of King John , upon an accusation of murdering his Nephew Arthur , right Heir to the Crown of England , he would hold . Howsoever , Peace being made with Scotland , to whose King the King's Sister being married , Wales revolted , and an Insurrection being made in Ireland , did put the King to much trouble and charge ; who being come to some years of understanding , was in a Parliament holden at London put in mind by the Archbishop of Canterbury , in the behalf of the State , of his Oath made , and taken by others for him , upon the Peace made with Lewis , for confirmation of the Liberties of the Kingdom , for which the War was begun with his Father , without which the whole State would again fall assunder ; and they would have him to know it betimes , to avoid those miserable inconveniencies which might happen : William Brewere a Councellor urging it to have been acted by constraint , and therefore not to be performed ; Notwithstanding which , it was at that time ( being the 7th . year of his Reign ) promised by the King to be ratified , and a Commission was granted by Writs unto Twelve Knights in every Shire , to examine , What were the Laws and Liberties which the Kingdom enjoyed under his Grandfather , and return the same by a certain day ; which ( saith the learned and judicious Sir Henry Spelman ) were never returned , or could not be found . In the mean time , the Earls of Albemarl , Chester , and divers of the Nobility , assemble together at Leicester , with intent to remove from the King Hubert de Burgh Chief-Justiciar , and other Officers , that hindred their motion ; but the Archbishop of Canterbury by his Spiritual Power , and the rest of the Nobility , being careful to preserve the Peace of the Kingdom , stood to the King , and would not suffer them to proceed therein : so as they were constrained to come in and submit themselves ; And the King in Parliament resumed such alienations as had been made of the Lands appertaining to the Crown by any of his Ancestors , to the end he might live of his own , and not be chargable to the People . The next year after ( being the 8th . year of his Reign ) * another Parliament was holden at Westminster , where the King required the Fiftieth part of all the movables both of the Clergy and Laity , ( but Mat. Paris more probably saith the Fifteenth ) for the recovering of those parts in France which had been held from the Crown , being one and the same which is said in Magna Charta to have been granted as a grateful acknowledgment for the grant of their Liberties ; which , though it concerned the Estates of most of the Nobility that had Lands therein , would not be yielded unto , but upon confirmation of their Liberties , atque his in hunc diem prosecutis Archiepiscopus & concilio tota Episcoporum , Comitum & Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratunter ad quiescerent , si illas diu petitas libertates concedere voluisset , annuit itaque Rex cupiditate ductus quod petebant Magnates Chartisque protinus conscriptis & Regis sigillo munitis , ( in the next year after , * for the Charters themselves bear date in the 9th . year of his Reign ; ) And the several Charters , or Copies thereof , were sent to the Sheriffs of every County , and Twelve Knights were out of every County chosen to divide the Old Forests from the New , and lay open all such as had been afforested since the first Coronation of King Henry II. Although at the same time , or a little before or after it , some of the Nobility who had formerly crowned Lewis of France King , and had been the cause of King John's death , ( for which they were banished the Realm ) endeavouring to return into England , and to set up again the French King's Interest , and domineer over the King and his faithful Councellors , * by circumventing Pope * Honorius ; Hubert de Burgh , Chief-Justice of England the Earl of Chester , and seven other of the King's Councellors , sent an Epistle to the Pope , desiring him to assist the King and them , and prevent those dangerous Plots and Designs . And the King having sent also his Proctors to Rome upon the like occasion , they returned him an account of a new Confederacy * betwixt his discontented Barons and the French King to invade England ; and dispossess him of the Crown thereof ; adding thereunto , quod Gallici praedicabant omnibus quod majores Angliae * obsides offerebant de reddendo si●i terram ●um primo venire curaret ad illam adjicientes . Si a●iquid in curia Romana contra voluntatem Regis Franciae attemptaretur incontmenter Rex transfretaret in Angliam . Nor could any such authority accrue to them , in or by those Charters called Magna Charta , and Charta Forestae , granted by King Henry III. his Son , which were in very many things but the exmeplaria or patterns of that of King John in the like method and tenour , containing very many Liberties and great Priviledges which were by King Henry III. ( as those Charters do declare ) of his own free accord granted and confirmed in the 9th . year of his Reign , * to his Subjects , and People of England , Liberis hominibus , Free-men or Free-holders , ( for otherwise it would have comprehended those multitudes of Villains , Bondmen and Bond-women which the Nation did then and long after employ and make use of , and those very many men accounted by the Laws of England to be as dead men , viz. Monks , Fryers , Priors and Abbots ) to be holden to Them and their Heirs of Him and his Heirs for ever . But in those Charters , or his confirmation of them , in the 21st . and 28th . year of his Reign , could not procure to be inserted or recorded those clauses which they had by their terrours gained from his Father in these words , viz. Nullum scutagium vel auxilium ponam in Regno nostro nisi per commune consilium Regni nostri ad corpis , nostrum redimendum & ad primogenitum filium nostrum militem faciendum & ad primogenitam filiam nostram semel maritandam & ad hoc non fiet nisi rationabile auxilium simili modo fiat de auxiliis de Civitate Londinensi quod omnes aliae Civitates , & Burgi & Villae & Barones de quinque portubus & omnes portus habeant omnes libertates & omnes liberas consuetudines suas . Et ad habendum commune concilium Regni de auxiliis assidendis aliter quam in tribus casibus praedictis & scutagiis assidendis submoneri faciemus Archiepiscopos , Episcopos , Abbates , Comites , & majores Barones Regni singillatim per literas nostras . Et praetereà faciemus submoneri in generali per Vicecomites & Ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus , & ad certum locum in omnibus literis submonitionis illius causam submonitionis illius exponemus , & sic facta submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti . Nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum , & ad faciendum primogenitum filium suum militem , & ad primogenitam filiam suam semel maritandam & ad hoc non fiat nisi rationabile auxilium ; but were constrained to omit altogether , and forgo those clauses and provisions , which being crowded into King John's Charter , were never either granted or confirmed by King Henry III. Edward I. or any of our succeeding Kings ; nor , as * Sir Henry Spelman , repeating the same omissions , saith , is therein that of paying the Debts of the Deceased , ( probably of those that died leaving their Heirs in Ward ) to the Jews and others ; although Matthew Paris so much mistakes , as to affirm that those Charters of King John and his Son Henry III. were * in nullo dissimiles . Which well-interpreted could signifie no more , than that King John in his great necessities and troubles pressing upon his Tenants in capite , the great Lords and others , by taxing them proportionably according to their Knights Fees , they endeavoured by those Charters all that they could to restrain him from any such Assesments which should go further then a reasonable aid , unless in the cases there excepted ; and aim'd at no more , then that a Common-Councel ( which was not then called a * Parliament ) should be summon'd ( not annually ) of all Archbishops , Bishops , Abbots , Earls , and greater Barons ; and all the Tenants in capite , being those that were most concerned therein , ( nor as our Parliaments now , but only as to their aids and services , as Tenants in capite ) were upon forty days notice to appear at the same time and place , given in general by the King's Sheriffs and Bailiffs , & sic factâ submonitione negotium procedat ad diem assignatam secundum * consilium eorum qui prae sentes fuerint , quamvis non omnes submoniti venerint , and could not be intended of our now House of Commons in Parliament , many years after ( first of all , and never before ) introduced or constituted : that praefiction of Forty days probably first creating that opinion , which ( can never arrive unto any more then ) that every summons of such a Councel or Meeting was to be upon so many days notice or warning ; which Mr. Pryn , upon an exact observation of succeeding Parliaments , hath found to be otherwise : * much of the boisterousness , haughty , and long after unquiet minds of some of those unruly Barons being to be attributed to the over-strained promises and obligations of William the Conquerour , ( before he was so ) to his Normans , and other Nations that adventured with him , upon an agreement and Ordinance made in Normandy before his putting to Sea , ( which the King of France had in the mean time , upon charges and great allowances made unto him , undertaken to guard ) and long after , by the command of King Edward III. then warring in France in the 20th . year of his Reign , was by Sir Barth . Burghersh and others sent from thence in the presence of the Keeper or Guardian of England , and the whole Estate declared in Parliament as a matter of new discovery , and designs of the French happened in the traverse and success of those wars ; which probably might make the Posterity of some of them ( although the Ancestors of most of them had been abundantly recompenced by large shares of the Conquest , Gifts and Honours granted by the Conquerour , to a more than competent satiety , extended to the then lower Ranks of his Servants , Souldiers , or Followers ; as , that to de Ferrariis , the Head afterwards , and chief of a greater Estate and Family in England than they had in Normandy ; and might be the occasion of that over-lofty answer of John de Warrennis Earl of Surrey , in his answer to some of the Justices in Eyre , in the Reign of King Edward I. when demanded by what warrant he did hold some of his Lands and Liberties ? he , drawing out a rusty Sword , ( which he did either wear , or had brought with him for that purpose , said , By that which he helped William the Conquerour to subdue England ) so greatly to mistake themselves , as to think ( which the Lineage of the famous Strongbow Earl of Pembroke , and some eminent Families of Wales in the after-Conquest of Ireland , never adventured to do ) that the Ancestors of them and others , that left their lesser Estates in Nòrmandy , to gain a greater in England to be added thereunto , had not come as Subjects to their Duke and Leige-Lord , but Fellow-sharers and Partners with him ; which they durst not ever after claim in his life-time , or the life of any of his Successors before , in the greatest advantages they had of them , or the many Storms and Tempests of State which befel them ; but might be well content , as the words of the Ordinance it self do express , * That they and their Progenies should acknowledge a Sovereignty unto the Conquerour , their Duke and King , and yield an Obedience unto him and his far-fam'd Posterity , as their first and continued Benefactors . And those their Liberties and Priviledges freely granted by those Charters , and not otherwise to be claimed ) were so welcome , and greatly to be esteemed by the then Subjects of England * as they returned him their gratitude and thankfulness for them , in a contribution of the fifteenth part of all their Moveables , with an Attestation and Testimony of the Wiser , more Noble , and Powerful part of the Kingdom , ( viz. the Archbishop of Canterbury , Eleven other Bishops , Nineteen Abbots , Hubert de Burgh Chief-Justice , Ten Earls , John Constable of Chester , and Twenty-one Barons , men of Might and great Estates ; amongst which there were of the contending and opposite Party , Robert Fitz Walter , ( who had been General of the Army raised and fighting against his Father ) the Earls of Warren , Hereford , Derby , Warwick , Chester , and Albemarl , the Barons of Vipont and Lisle , William de Brewere , and Gilbert de Clare Earl of Gloucester and Hertford , who afterwards fought against that King , and helped to take him Prisoner , ) That those Charters were given and granted unto them , and other his Subjects the Free-men of his Kingdom , of his own free will and accord . And as to that of being not * condemned without Answer or Tryal , ( which in the infancy of the World was by the Creator of all Mankind recommended to its imitation , as the most excellent Rule and Pattern of Justice , in the Tryal and Sentence of Adam and Eve in Paradise ) are not to be found enacted or granted in King Edward the Confessor's Laws , or the Charters or Laws of King Henry I. the people of England having no ( or little ) reason much to value or relie upon the aforesaid Charters of King John , gained indirectly , by force , about two years after his as aforesaid constrained Resignation of his Kingdom of England , and Dominion of Ireland , to hold of the Pope , and Church of Rome , by an yearly Tribute , being not much above Thirty years before , and not then gone out of memory . SECT . V. Of the continued unhappy Iealousies , Troubles , and Discords betwixt the discontented and ambitious Barons , and King Henry III. after the granting of his Magna Charta and Charta de Forestâ . ALmost two years after which , the King in a Parliament at Oxford declaring himself to be of full age , and free to dispose of the affairs of the Kingdom , cancelled and annulled the Charter of the Forests , as granted in his Non-age , when he had no power of Himself , or his Seal , and therefore of no validity ; caused a Proclamation to be made , that both the Clergy and Laity that would enjoy their Liberties , should renew their Charters , and have them confirmed under his new Seal , paying for them according to the will of Hubert de Burgh , his Chief-Justiciar , upon whom was laid the blame of that matter ; and shortly after , the King and his Brother , Richard Earl of Cornwal , being at discord about the Castle of Barkhamstead , which the Earl claimed to belong to his Earldom ; and the Earl being threatned to be arrested , fled to Marlborough , where the discontented Lords joyning unto him , did cause an Insurrection , and required restitution to be made , without delay , of the Liberties of the Forests , cancelled at Oxford ; otherwise he should be thereunto constrained by the Sword. In anno 12o. of his Reign , a Parliament was assembled at Northampton , where an agreement was made , and the Lands of the Earls of Britain and Bologne restored unto them . In the 16th . year of his Reign , although he put out Hubert de Burgh , Chief-Justice of England , ( in which Office much of the business of the Lord Treasurer were in those times concentered ) and severely called him to an account for Debts due to him and his Father , * Rents and Profits of all his demesne Lands , since the death of William Marescal Earl of Pembroke , in England , Wales , Ireland and Poicteau , of the Liberties of Forests , Warrens , County-Courts , and other places , qualitèr custodiae sint vel alienatae , de priis factis pro jure suo relaxando tam in terris quàm in Nobilibus , of wasts made sine commodo ipsius Regis tam per guerram quam alio modo , of Liberties given unto him , Bishopricks and Custodies , without Warrant , quae pertinent ad Dominum Regem , of wrongs and damages done to the Pope's Legates and Clarks , contra voluntatem Domini Regis per auctoritatem ipsius Huberti tunc Iusticiarii qui nullum concilium voluit apponere ut illa corrigerentur quod facere tenebatur ratione officii sui , de pace Regis qualiter sit custodita , as well concerning homines terrae suae Angliae , Hyberniae , Gasconiae , & Pictaviae , quàm alios extraneos , de scutagiis , carucagiis , donis , & xeniis , sive custodiarum exitibus spectantibus ad Coronam de maritagiis ; which he had by grant of King John the day that he dyed , & de aliis maritagis sibi traditis tempore suo & de ipsis quae ipse Rex amisit per negligentiam ipsius Huberti ; And so fiercely prosecuted him , as he caused him by force to be dragged from the Altar in the Sanctuary , Imprisoned , and , as Sir Henry Spelman saith , did afterwards charge Stephen Segrave with many of the like , and displaced him : Yet the Lords threatned , not to come to his Councel , unless he would reform his errors . And in the 17th . year of his Reign , a Parliament was summon'd at Oxford , whither they likewise refused to come , because they were despised by Strangers ; whereupon it was decreed that they should be a second or third time summon'd , to try if they would come . After which , those refractory Lords were summoned to come to a Parliament at Westminster , whither they denyed also to come , unless he would remove the Bishop of Winchester , and * the Poictovins from his Court ; otherwise by the Common-Councel of the Kingdom , they sent him express word , they would expel Him and his evil Councellors out of the Land , and deal for the creation of a new King ; whereupon Pledges being required of the Nobility , for security of their Allegiance , no Act passed in that Parliament , though divers Lords came thither , as the Earls of Cornwal , Lincoln , Ferrers , and others ; But in regard that the Earl-Marshal , the Lord Gilbert Basset and others were not present , Writs were sent to all that held by Knights-Service to repair to the King at Gloucester by a certain day ; whither the Earl-Marshal and his Associates refusing to come , the King , without the Judgment of their Peers , caused them to be proclaimed Outlaws . Anno 19o. of his Reign , after two years troubles and misery , a Parliament was assembled at Westminster , where the King consented to call back the dis-herited Lords , upon the Bishops threatning to excommunicate Him and his evil Councellors . Anno 20o. Henry III. a Parliament was assembled at London , which the King would have there to be holden , but the Barons would not come , unless it might be another place ; whereupon a place of more freedom was propounded , where many things were proposed , and order taken that all Sheriffs should be removed from their Offices upon complaint of corruption , and others of more Integrity put in their rooms , upon their Oaths not to take any gifts . When the King offering to take away the great Seal of England from the Bishop of Chichester , * he refused to deliver it , saying , He received it by the Common-Councel of the Kingdom , and without their assent he would not resign it . A Parliament was held at London , anno 21o. Henry III. wherein he required the Thirtieth part of the Movables as well of the Laity as Clergy ; But it was alledged , that the people were unwilling to have it given to Aliens ; whereupon the King promiseth * never more to injure the Nobility , so that they would relieve him at the present , for that his Treasure was exhausted ; * To which they plainly answer , That the same was done without their counsel ; neither ought they to be partakers of the punishment , who were free from the fault . Howsoever , after four days consultation , the King promising to use the counsel of his natural-born Subjects , and freely granting the inviolable observation of their Liberties under pain of Excommunication , had yielded to him the Thirtieth part of all their Movables , ( reserving their ready Coyn , Horse and Armour , to be employ'd for the defence of the Commonwealth ) which was ordained to be collected by four Knights of every Shire , who should upon their Oaths receive and deliver the same into some Abbey or Castle , there to be reserved , that if the King should not perform his promises , it might be again restored ; upon condition often annexed , That the King should leave the counsel of Aliens , and only make use of his natural Subjects . Yet , although he caused the Earls Warren and Ferrers , and John Fitz-Geffry , to be sworn of his Councel , that could not reach to a satisfaction of those that were not so willing as they ought to be satisfied : when the King also , in performance of his promise to the Bishops and Nobles , had in that Parliament , for the salvation of his Soul , and exaltation of the Church , ( being of full age ) re-confirm'd the great Charter of the Liberties of the Forests , attested by twelve Bishops , eight Earls , and Symon de Montford , and William Longspee , twenty-six Barons and great Men , notwithstanding they were granted during his minority : complaints were made of the wast and profusion of his Treasure , and great sums of money raised in his time ; and that the Orders concluded in Parliament were not observed , in the levying and disposing of the Subsidy ; and over-strict courses had been taken in the valuation of mens Estates ; William Valence , the Queens Uncle , was grown the only man with him , and nothing was done without him ; the Earl of Provence , his Father , ( a poor Prince ) was invited to come into England , to participate of the Treasure and Riches thereof ; Symon de Montfort , a French - man born , banished out of France by Queen Blanch , was entertained in England , preferred secretly in marriage with the King's Sister ; Widow of William Earl of Pembroke ; the great Marshal made Earl of Leicester , ( and Steward of England ) in the right of his Mother Amice , Daughter of Blanchmains Earl of Leicester : Which incensing many of the Nobility , and in them not a few of the common people , did begin to raise a Commotion , wherein they procured Richard Earl of Cornwal , Brother to the King , and Heir-apparent , ( the King having then no Child ) to head their Party , and manage their Grievances ; which , amongst many pretended , were , That he despised the counsel of his natural Subjects , and followed that of the Pope's Legate , as if he had been the Pope's Feudatory ; Upon which harsh Remonstrance , the King having sent to sound the affections of the Londoners , found them to be against him . Summoned a Parliament in the 22d . year of his Reign at London , whither the Lords came armed , both for their own Safety , and to constrain him , if he refused , to the keeping of his promises , and reformation of his courses ; wherein , after many debatements , the King taking his Oath to refer the business according to the order of certain grave men of the Kingdom , Articles were drawn , sealed , and publickly set up , under the Seals of the Legate , and divers great Men ; But before any thing could be effected , Symon Montfort working a Peace for himself with the Earls of Cornwal and Lincoln , with whom he and the other Barons had been before displeased , the Earl grew cold in the business ; which the other Lords perceiving , nothing more was at that time done . Symon Norman , called Master of the King's Seal , and said to be Governour of the affairs of the Kingdom , had the Seal taken from him , and some others whom the Nobility maligned , displaced . And in the same year an Assassinate attempting to kill the King as he was in Bed , instigated thereunto by * William de Marisco the Son of Jeffrey de Marisco , was for the Fact drawn in pieces with Horses , and afterwards hang'd and quarter'd . And some years after , the King having a Son born , ( his Brother the Earl of Cornwal having likewise Issue ) did , by permission of the State , which before he could not obtain , undertake the Cross , and with him the Earl of Salisbury , and many other Noblemen . The Earl of March , the Queen-Mother , and certain Lords of Poicteau , incited the King to make a War with France ; to which some of the English , who claimed Estates therein , were very willing ; but the matter being moved in Parliament , a general opposition was made against it , the great expences thereof , and the ill suceess it lately had ; and it was vehemently urged , That it was unlawful to break the Truce made with the King of France , who was now too strong for them ; notwithstanding , many of the Peers , in the hopes of recovering their Estates , so prevailed , as an Aid demanded for the same was granted ; but so ill resented by others , as all the King's supplies , from the beginning of his Reign , were particularly and opprobriously remembred , as the Thirteenth , Fifteenth , Sixteenth , Thirtieth and Fortieth part of all mens Movables , besides Carucage , Hydage , Escuage , Escheats , Amerciaments , and the like , which would , as they said , be enough to fill his Coffers ; in which considerations also , and reckonings , with the Pope's continual exactions , and the infinite charge of those who undertook the Holy War , were not omitted ; besides , it was declared , how the Thirtieth lately levyed , being ordered to be kept in certain Castles , and not to be issued but by the allowance of some of the Peers , was yet unspent , the King no necessary occasion for it for the use of the Commonwealth , for which it was granted ; and therefore resolutely denyed to grant any more ; whereupon he came himself to the Parliament , and in a submissive manner craving their aid , urged the Popes Letter to perswade them thereunto ; but by a vow made unto each other , all that was said was not able to remove their resolutions , insomuch as he was driven to get what he could of particular men , by Gifts , or Loans ; and took so great a care of his poorer Subjects , at or about the same time , as he did by his Writ in the 23d . year of his Reign command William de Haverhul and Edward Fitz-Odo , That upon Friday next after the Feast of St. Matthias , being the Anniversary of Eleanor Queen of Scotland his Sister , they should cause to be fed as many Poor as might be entertained in the greater Hall of Westminster ; and did in the same year by another Writ command the said William de Haverhull to feed 15000 Poor at St. Peters in London on the Feast-day of the Conversion of St. Peter , and 4000 Poor upon Monday next after the Feast of St. Lucie the Virgin in the great Hall at Westminster ; And for quiet at home whilst he should be absent in France , contracted a marriage betwixt his youngest Daughter Margaret , and Alexander eldest Son of Alexander III. King of Scotland ; but his expedition in France not succeeding , his Treasure consumed upon Strangers , the English Nobility discontented , and by the Poictovins deceiving his Trust , in their not supplying him with money : he was , after more than a years stay , ( the Lords of England leaving him ) constrained to make a dishonourable Truce with the King of France , and to return , having been relieved with much Provisions out of England , and Impositions for Escuage , a Parliament was in the 28th . year of his Reign assembled at Westminster , wherein his Wars , the revolt of Wales and Scotland , who joyned together , and the present occasions of the necessary defence of the Kingdom , being pressed , nothing could be effected without the assurance of Reformation , and the due execution of Laws ; whereupon he came again himself in person , and pleaded his own necessities ; but that produced no more than a desire of theirs , a to have ordained , that four of the most grave and discreet Peers should be chosen as Conservators of the Kingdom , and sworn of the Kings Council both to see Justice observed , and the Treasure issued , and ever attend about him , or at least three or two of them : That the Lord Chief-Justiciar and Lord Chancellor should be chosen by the general voices of the States assembled , or else be of the number of those four ; and that there might be two Justices of the Benches , two Barons of the Exchequer , and one Justice for the Jews ; and those likewise to be chosen by Parliament , that as their Function was publick , so should also be their Election . At which time the Pope sending his Legate with a large power to exact money for himself , his Agent was disgracefully returned , with an answer , That the Kingdom was poor , the Church in debt , and it was of a dangerous consequence to the State to be exposed to the will of the Pope ; and therefore seeing a General Councel was shortly to be held at Lyons , if the Church would be relieved , it were fit to be done by a general consent of that Councel . And the Emperour Frederick at the same time , by his Letters to the King , which were openly read , desiring , as he had often before , That the Pope might have no supplies ou of England ; for that therewith he did oppress him , by seizing upon his Castles and Cities appertaining to the Empire : notwithstanding his often submissions , desire of Peace , and offers to refer the cause to the arbitration of the Kings of England and France , and the Baronage of both Kingdoms ; and entreating that he might not receive a detriment , whence as a Brother and Friend he expected a favour , added , that if the King would be advised by him , he would by power free the Kingdom from that unjust Tribute which Pope Innocent III. and other Popes had laid upon it ; Which pleasing the Assembly , the business took up so much time , as ( the design of a share in the Government , something like , if not worse then a Co-ordination , meeting with no concessions or effect ) they only granted an Aid to the King for the Marriage of his Daughter , 20 s. of every Knights Fee , not without much ado , and repetition of all his former Aids ; although at the same ( or much about that ) time they could not be ignorant that he had by his Writ commanded Hugh Gifford and William le Brun , that b upon Friday next after the Epiphany they should cause to be fed in the Hall at Windsor , ad bonum focum omnes pueros pauperes & egenos quos invenire poterint , ita quod aula impleatur si tot inveniantur . The Charters were again ratified , which confirmation is printed in the perclose or latter-end of those in the 9th . year of that persecuted Prince , after a proposal of Conservators , and election of Judges and Lord Chancellors , rejected , which was urged , and much insisted upon . After which , and his return from an expedition with great charges into Scotland , a Parliament was summoned , where he moved for an Aid against an Insurrection in Wales , and for money to supply his wants , and pay his Debts , which were so great , as he could not stir out of his Chamber for the clamour of those to whom he ow'd money for Wine , Wax , and other necessaries of House-keeping : which wrought so little , as to his face they denied to grant him any thing ; and enquiry being made what Revenues the Romans and Italians had in England , they found them to have been annually 60000 Marks ; which being notified to the General Councel at Lyons , the Pope was so vexed therewith , as he was said to have uttered these words , The King begins to Frederize , it is fit that we make an end with the Emperour , that we might crush these pety Kings ; for the Dragon once destroyed , these lesser Snakes will soon be trodden down . In the 32d . year of his Reign a Parliament being convoked , he was upon requiring another aid sharply reproved for his breach of promises ; and it was alledged , that his Judges were sent in Circuit under pretence of Justice to fleece the people ; that his needless expences amounted to above 800000 l. and advising him to recal the old Lands of the Crown , and pull them from his Favourites , enriched with the Treasure of the Kingdom , told him of his Oath made at his Coronation . Complained , that the Chief-Justiciar , Chancellor and Treasurer were not made by the Common-Councel of the Kingdom , according as there were in the time of his Magnificent Predecessors ; although they could not at the same time deny him that Right which was justly due unto him ; that he had by his Writs c commanded the said William de Haverhul and Edward of Westminster , quod singulis diebus à die natalis domini usque ad diem circumcisionis , computatis illis duobus diebus , impleri faciant magnam aulam Regis de pauperibus ; and in the same year by his Writ commanded William de Haverhul his Treasurer , and Edward Fidz-Odo , to feed upon the day of Edward the Confessor , pauperes in magna aula Westmonasterium , sicut fieri consueverunt & ipsis Monachis Pittanciam eodem die sicut consueverunt faciant . The King promised redress , but nothing was effected : so that after sundry meetings , and much debate , the Parliament was prorogued until Midsummer following ; and at the next Session he tells them , that they were not to impose a servile condition upon him , or deny him that which every one of them might do , to use whom they pleased as Counsel ; Every Master of a Family might place or displace what Servants he pleased ; Servants were not to judge their Masters , nor Subjects their Prince , or hold them to their conditions ; and that he that should so encline to their pleasures , should not be their King , but as their Servant . And being constrained to furnish his wants with the sale of his Plate and Jewels , his Crown of Gold , and Edward the Confessor's Shrine , and with great loss received money for them , enquired who had bought them ; whereunto answer being made , that the City of London had bought them ; d That City ( said he ) is an inexhaustible Gulf : if Octavius ' s Treasure were to be sold , they would surely buy it . Howsoever , being besides constrained to borrow 20000 l. of the City of London , he wrote to every Noble-man and Prelate apart , to borrow money , but got little ; the Abbot of Ramsay lent him 100 l. but the Abbot of Burgh could not spare him so much , although the King told him , It was more Alms to give unto him , than to a beggar that went from door to door . The Lords in the , 4th . year e of his Reign assembled again at London , and pressed him with his promises , that the Chief-Justiciar , Chancellor , and Treasurer should be constituted by the general Councel of the Kingdom ; but by reason of the absence of the Earl of Cornwal , nothing was done therein . The King demanding f aid of his Prelates and Nobility assembled in Parliament , they by agreement amongst themselves stoutly denied it ; which greatly troubling him , he shewed them the Note or Roll what moneys some few Abbots had lent unto him , with an Ecce , how little it was ! with which not being able to remove their fixed resolutions , he with some anger expostulating , told them , Ero nè perjurus ? juravi sacramento intransgressibili transfretans jura mea in brachio extento à Rege Francorum reposcam , quod sine capioso thesauro qui à vestra liberalitate procedere debet nequaquam valeo ; and that not prevailing , called aliquos sibi familiares affatus eos dit quid perniciosius exemplum aliis praebetis ? vos qui Comites & Barones , Milites strenui , estis non deberetis etsi alii timeant , scilicet , Praelati Ecclesiae trepidare ; avidiores caeteris deberetis jura Regni resposcere & contra injuriantes Martia certamina potentèr experiri , nostram partem solidare & consolari tenetur jus nostrum quod habemus ; & quâ fronte poteritis dominum vestrum ad tàm arduum negotium Reipublicae procinctum relinquere pauperem & desolatum , cum tenear promissa de transitu meo adimplere jurejurando strictius obligatus ? All which proving ineffectual , made the King to be more angry ; insomuch as jurans cum sanctorum attestatione , quod nullo revocaretur terrore nullis verborum ambagibus circumventus ab incepto proposito revocaretur , quin ' in Octavis Paschae naves ascendens fortunam belli in partibus transmarinis contrà Francos imperteritus experiretur : & sic solutum est concilium , utrobique reposita sed occulta mentis indignatione . Dispositis igitur navalibus armamentis commendataque Regni custodia Archiepiscopo Eboracensi Idus Maii , dispositis legionum suarum agminibus & repletis triginta Cadis desideratissimis Esterlingis Comitante Regina fratreque suo Richardo Comite cum aliis septem Comitibus , 300 Circiter militibus Naves ascendens versus Burdegalinos iter direxit prosperè velificando . After which , and many other troubles and distresses accumulated and thronging in upon him one after another , he did in the 34th . year of his Reign send his Precept to the City of London , requiring them with all their Families , even to a Child of 12 years old , to come upon the Sunday next after the Feast Sanctorum perpetuae & felicitatis unto him in the great Hall of his Palace of Westminster , where appeared such a multitude , as the Hall and Yard were wonderfully crowded , Quibus congregatis Dominus Rex humilitèr quasi lachrymis abortis , did supplicate them , that every one of them would with heart and mouth pardon the anger and ill will which they had against him , confessed that He and his Ministers had often wronged them in their Goods , Estates and Liberties , and prayed them to pardon him . Which wrought so much compassion ( for the time ) in them , as , although they had no restitution , they did not think fit to repeat their Sufferings : that Design availing the King as little as the pity of the Men , Women and Children of London did , when those that were fit and able to bear Arms did not long after fight as well as they could against him at the Battel of Lewes , where he was taken Prisoner , and suffered him to be carried a year and a quarter together by an Army of Rebels , to London and Westminster , and to several other parts of the Kingdom , and never offered to Relieve or Rescue Him. In or about the 35th . year of the Reign of King Henry III. Henry de Bathenia , miles literatus legum terrae peritissimus Regis Justiciarius & Conciliarius specialis , being in Parliament , diffamatus & graviter accusatus , quod sibi unimim amicus quod in unum annum Domini Regis subdolus supplantatur in officio Justiciario sibi commisso crumenas aliorum & suas impregnatas non erubuit nec formidavit hinc inde delinquentes recipere ambidexter ; In brevi ita illico ditabatur in redditibus maneriis auro & argento ; ut nulli Justiciariorum secundus videretur ; and grew so haughty in the strength and assistance of the Families of the Bassets and m●fords , as he almost scorned and despised every man : insomuch as the King being very angry with any that interceded for him , answered John Mansel , Clerk , ( much employed and favoured by him , who had offered to be his Bail ) that he should stare Justiciae ; that non oportet aliquem Clericum pro eo fide-jussorem in tali Casu reputans causam hanc esse crimen laesae Majestatis , accedente igitur Episcopo Londinensi , & quamplurimis intercessoribus admissus est custodiae & plegio viginti quatuor militum qui pro ipso Henrico responsionem & justificationem ritè & justè facerent dato termino factorum . Whereupon the said Henry de Bathenia , vafer & circumspectus , making all the Friends he could to pacifie the King , and finding nothing could prevail , made an Address to the Earl of Cornwal the King's Brother : who not prevailing , was heard to say unto some of his friends , Non possumus deesse Nobilibus in jure suo , nec paci Regni turbantis . After all which , in the same year , by adjournment , the business of Henry de Bathe coming again into question in Parliament , and debate , Rex persequebatur undique , graviter ab adversariis suis fuerat impetitus & accusatus , Rex autem ira maxima accensus contra eum qui venerat multò stipatus milite de genere Uxoris suae & amicis & suis propriis accusavit ipsum gravius caeteris , imponens eidem inter caetera quod totum Regnum perturbavit & barnagium universum contra ipsum Regem exasperavit , unde seditio generalis imminebat fecit igitur acclamari voce praeconia Londini , & in Curia ut si quis aliquid haberet actionis vel querelae adversus Henr ' de Bathenia , veniret ad Curiam ante Regis praesentiam , ubi plenè exaudiretur ; Insurrexerunt igitur multi queruli contra eum , ita quod unus etiam sociorum suorum , scilicet & Iusticiarius , palam protestaretur quod unum faconirosum Convictum & incarceratum abire permisit impunitum sine judicio opinus respectus muneribus quod factum est in Regis praejudicium & justiciariorum Comitum suorum periculum & discrimen . Rex igitur magis inde provocatus ascendit superius , exclamavitque dicens , si quis Henricum de Bathenia occiderit quietus sit à morte ejus & quietum eum protestor ; & sic properè recessit Rex . Et fuerunt ibi multi qui in ipsum Henricum irruissent , nisi Domini Johannis Mansel prudentia eorum impetum temperans refrenasset ; Dixit enim , Domini mei & amici , non est necesse quod in ira prepropere dicitur prosequamur , paenitebit enim fortè Dominum nostrum jam elapso irae tempore haec jutonuisse ; praeterea si aliquid violentiae ipsi Henrico intuleritis , ecce Episcopus Londinensis , qui spiritualem & alii amici ejus militares qui vindictam exercebunt materialem ; & sic in magna parte cessavit . Extunc igitur procurante efficaciter Comite Richardo & Episcopo memorato nutius actum est cum eo , dictum enim est Domino Regi secretius quod mirum est quod aliquis ei curet servire cum eis post ministerium etiam mortem mittitur inferre , promissa igitur quadam pecunia summa à mortis discrimine recessit liberatus . Which the King was so unwilling to be cozen'd of , as he took a care to have paid in this manner , as the Record thereof will evidence , viz. Rex omnibus , &c. universitas vestra ( noverit ) nos de bono corde penitus remisisse dilecto & fideli nostro Henr ' de Bathenia , & propriae familiae omnem indignationem & omnem rancorem quem erga ipsum Henricum pro quibuscunque transgressionibus usque ad diem Dominicam proximam post festum translationis beati Thomae Martyris , anno , &c. tricesimo quinto , ita tamen quod pro remissione illa dabit nobis praedictus Henricus duo millia marcarum , unde solvet nobis ducentas marcas per annum , videlicet , in Festo Sancti Michaelis anno eodem cent ' marc ' , & ad Pasch ' prox ' sequen ' cent ' marc ' , & sic de anno in annum ad eosdem terminos cent ' marc ' donec praedicta duo millia marc ' nobis fuerint persoluta & si forsitan contigerit quod praefat ' Henr ' medio tempore in fata concesserit , antequam praedicta pecunia nobis fuerit persoluta , haeredes sui eandem solutionem facient ad eosdem terminos sicut praedictum est & perdonationis eidem Henr ' amerciamentum in quod incidit per attinctam quam Thomas de Muleton arramavit versus ipsum de ten ' in Holbech & Querpilan ' idem etiam Henr ' juri omnibus de eo conqueri volentibus etiam nobis in Curia nostra , secundum Legem & Consuetudinem Regni nostri , in cujus , &c. Teste Rege apud Wodestock , octavo die Julii , T. Johanne Mansel , & Richardo Fil Nicholai . In the mean time , Lewis King of France warring in the Holy-Land , and being taken Prisoner , the Pope solicited him to take upon him the Cross to rescue him , Alphonsus the King of Castile undertaking to accompany him , and the captive King offering to restore Normandy to the King of England for his assistance ; which the French disdaining , and undertaking themselves to procure his Ransom , upon the Pope's granting a Tenth to be leavied upon the Clergy and Laity for three years : the King undertakes notwithstanding the Cross , upon the hopes of getting the money , ( which , h saith Matthew Paris , being collected , would have amounted unto 600000 l. ) as was then believed , more than to perform his promise . Whereupon shortly after a Parliament was holden about the Tenth granted by the Pope for the recovery of the Holy-Land : where the Bishops , notwithstanding that he had for the ease of his Subjects severely accused in Parliament Henry de Bathonia , one of his Justices , for receiving of Bribes , were first dealt withal , absolutely denied it ; and the Lords alledging they would do as the Bishops did , the City of London was again compelled to the contribution of 2000 l. The Gascoigns likely to revolt , if a speedy remedy were not provided , general Musters were made , and command given , that every one that could dispend 13 l. per annum , should furnish out an Horseman ; which , together with his extreme wants , occasioned another Parliament , who finding it to be better for the people to do it in the usual way , than force him to those extravagant ( as they call'd them ) courses which he took , were , after fifteen days consultation , in the 37th . year of his Reign , ( although they could not be then ignorant that he had but lately grievously punished and expelled the Caursini , the Pope's Bankers , or money-Collectors and Brokers , and could not deny his own wants , which appeared in the pawning of his Jewels and Ornaments ; and in the end , as Sir Robert Cotton ( if he were the Author of the short view of that King's Life and Reign ) hath recorded it , had not means to defray the diet of his Court , but was constrained to i break up House-keeping , and ( as Mat. Paris saith ) with his Queen , cum Abba●ibus & Prioribus satis humilitèr hospitia & prandia quaerere ) to satisfie the King's necessities : but so as the reformation of the Grievances , and ratification of their Laws , might be once again solemnly confirmed . A Tenth was granted by the Clergy for three years , to be distributed by the view of certain Lords ; and three Marks Scutage for every Knights Fee to be charged upon the Laity for that year : insomuch as those often-confirmed Charters were again agreed to be ratified in the most solemn and religious way that Relion and State could ever devise to have it done , k after this manner , viz. the King , ( who in all Excommunications was , with the Lords Temporal , by the Laws and reasonable Customs of England , to give their assent before it could sortiri effectum , or have any validity ) with many of the great Nobility of England , all the Bishops and chief Prelates in their Reverend Ornaments , with Candles or Tapers in their hands , walking in a direful Procession through Westminster hall into the Abbey-Church of Westminster , there to hear the terrible Sentence of Excommunication pronounced against the Infringers of the aforesaid Charters granted by him . At the lighting of which Candles the King having received one in his hand , gave it to a Prelate that stood by him ; saying , It becomes not me , being no Priest , to hold the Candle , my heart shall bear a greater Testimony ; and withal laid his hand upon his breast the whole time that the Sentence was reading , which was pronounced autoritate de omni potentis , &c. Which done , he caused the Charter , of King John his Father , granted by his free consent , to be likewise openly read , and the rest of the company throwing away their Candles , which lay smoaking on the ground ; all cried out , So let them who incur the Sentence , be extinct , and stink in Hell : The King with a loud voice , saying , as God me help , I will , as I am a man , a Christian , a Knight , a King Crowned and Anointed , inviolably observe those things ; which Ceremony ended , the Bells rung out , and all the people shouted with joy . But it is not to be forgotten ( although Matthew Paris , Samuel Daniel , and all other Writers but Mr. William Pryn make no mention of it ) in this astonishing and dreadful Ceremony , in the like whereof never were Laws ( saith Mr. Daniel ) amongst men ( except the Decalogue from Mount-Sinai ) promulgated , and pronounced with more Majesty of Ceremony , to make them heeded , reverenced , and respected , than were those that wanted Thundring and Lightning from Heaven : acompanied with an Earth-quake shaking the very Foundations thereof . The King did not desert his own regal Rights , and Preheminencies ; but did at the same time , when in that dreadful manner , he joyned in the Pronunciation of that Sentence of Excommunication with his own mouth publickly , except out of it all the Ancient and Accustomed Liberties of the Realm , and the Dignities and Rights of the Crown ; and the same day caused a Record thereof to be made , yet extant in the Tower of London in these words , viz. Noverint Universi quòd Dominus Henricus Rex Angliae Illustis R. Comes Norf. & Marshallus Angliae , H. Comes Horeford , & Essex , J. Comes de Warren , Petrus de Sabaudia , caeterique Magnates Angliae concesserunt in sententiam Excommunicationis generaliter latam apud Westmonasterium tertio decimo die Maii Anno Regni Regis predicti 37. in hac forma , scilicet , quòd vinculo praefatae sententiae ligentur omnes venientes contrà libertates contentas in ehartis communium libertatum Angliae , & de foresta , & omnes qui libertates Ecclesiae Angicanae temporibus Domini Regis & Praedecessorum suorum Regum Angliae optentas & usitatas scienter & malitiosè violaverint aut infringere praesumpserint , & omnes illi qui pacem Domini Regis & Regni perturbaverint & similiter omnes qui jura & libertates Domini Regis & Regni diminuere , infringere , seu immutare praesumpserint & quòd omnes venientes contrà praemissa vel eorum aliqua ignoranter & legitimè moniti infra quindenam post monitionem praemissam dictam transgressionem non emendaverint ex tunc praedictae sententiae excommunicationis subjacebunt ità tamen quod Dominus Rex transgressionem illam per considerationem curiae suae faciat emendari , sciendum autem quod si in scriptis super eadem sententia à quibuscunque confectis seu conficiendis aliud vel alitèr appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur , Dominus Rex & praedicti Magnates omnes & communicatas populi protestantur publicè in praesentiâ venerabilium patrum B. Dei Gratiâ Cantuariensis Archiepiscopi totius Angliae Primatis , nec non & Episcoporum omnium in eodem colloquio existentium , quòd in ea nunquam consenserunt , nec consentiunt , sed de plano eis contradicunt , praetere à praefatus Dominus Rex in prolatione praefat ' sententiae omnes libertates consuetudines Regni sui autiquas & usitates & Dignitates , & jura Coronae suae ore proprio specialiter sibi & Regno suo salvavit & excepit . In cujus rei memoriam , & in posterum veritatis testimonium , tàm Dominus Rex , quam praedicti Comites , ad instantiam aliorum Magnatum & Populi , praesenti scripto sigilla sua apposuerunt . Gascoign , a great Province in France , having been , before the King had any Son , granted by him , by the counsel of the Lords , to his Brother Richard Earl of Cornwal , who was there received as their Lord , and so continued , until the King had Issue of his own : after which , revoking his Grant , and conferring it upon his Son Edward , the Earl , though he were deprived of his Possession , not being willing to forgo his Right , the King in great displeasure commanded him to resign his Charter : which he refusing to do , the Citizens of Burdeaux were commanded to take and imprison , but would not adventure thereon ; Notwithstanding , money being offered , and like to effect more than his command , the Earl , in danger to be surprized , came over into England ; whereupon the King assembled the Nobility of Gascoign , promised them 30000 Marks to renounce their homage and fealty to his Brother ; which being not accepted , he sent Symon Montfort Earl of Leicester , ( a rough and martial man ) in revenge thereof , to be their Governour under him for six years , and furnished him with 1000 Marks in order thereto : whom Montfort , by a stern Government , so discontented , as they and the Archbishop of Burdeaux accused him of heinous Crimes , which was a cause of Montford s sending for over . And the King , resolute in maintaining the Gascoigners , that sturdy Earl Montfort , who had forgotten that he was an Alien himself , and had received of the King large Gifts , Preferments , and Honours both in France and England , ( unto whom the Earl of Cornwal , with the discontented part of the English Baronage , joyning ) complained as much of the Aliens , viz. William of Valence , Earl of Pembroke , Guy de Lusignan , the King's half-brothers by his Mother , and the many French and Poictovins , that over-much governed him , and his Counsels , as they did again complain of the breach of the Great Charter , which was seldom omitted out of the Reer of their grievances ; which at last came to such an undutiful contest , as Montfort upbraiding the King with his expenceful service , wherein he alledged he had utterly consumed his Estate , and said that he had broken his word with him : the King in great rage told him , That no promise was to be observed with an unworthy Traytor ; wherewith Montfort rose up , and protested , that he lyed in that word ; and , were he not protected by his Royal Dignity , he would make him repent it . The King commanded his Servants to lay hold of him , which the Lords would not permit ; wherewith Montfort growing more audacious , the King told him , He never repented of any thing so much , as to have permitted him to enter into his Kingdom , and to have honoured and instated him as he had done . But shortly after , the Gascoigns being again encouraged by the King against Montfort , and that Province given to his Son Edward , and Montfort sent thither a Governour again , though with clipt wings , grows enflamed as much , as the Gascoigns were one against another ; but Montfort , by his great Alliance with France , overcame them : who in the 38th . year of the King's Reign , being discharged of the Government , retired from thence , and refusing an offered entertainment by the French King , returned into England ; where the King , besides Gascoigny , having given Ireland , Wales , Bristol , Stamford , and Grantham to the Prince , and consumed all that ever he could get in that and the former expeditions which he had made , which was reckoned to have cost him Twenty seven hundred thousand pounds , which were said to have been more than the Lands endeavoured to have been regained were worth , if they were to be sold. A Parliament was called in Easter-Term following , which brought a return of grievances , and complaints of the breach of Charters , and a demand for former pretended rights in electing the Justiciar , Chancellor , and Treasurer ; whereupon , after much debate to no purpose , the Parliament was prorogued until Michaelmas next after , when likewise the King's motion for money was disappointed , by reason of the absence of many Peers , being not ( as was alledged ) summoned according to Magna Charta . In the mean time the Pope , to destroy Manfred Son to the Emperour Frederick , who was in possession of the Kingdom of Sicily and Apulia , sent the Bishop of Bononia with a Ring of investiture of the Kindom of Sicily to Edmond the King's second Son , ( with the hopes of which his Praedecessor Innocent IV. had before deluded the King himself . ) And the King being offered to be absolved from his Oath of undertaking the holy Wars , so as he would help to destroy Manfred the Emperour Frederick's Son , who being Victorious , had no mind to be so ill used . The Legate returned with great gifts , and a Prebendary of York , but could not obtain his design of collecting the Tenths in England , Scotland , and Ireland , to the use of the Pope and the King ; for that the Clergy growing jealous , m that the 〈…〉 g and the Pope were confederate therein , protested rather to lose their Lives and Livings , than to be made a prey to either : the Pope in the mean time having upon that vain hope , cunningly wrapt him in an obligation of 15000 Marks . Upon complaint of the Gascoigns , who were under the Government of the Prince , that their Wines were taken away by the King's Officers , without due satisfaction ; and the Prince thereupon addressing himself to his Father in their behalf ; and the Officers , in excuse of themselves , informing the King , that the Prince took upon him to do Justice therein , when it belonged not to him : the King was put in a great rage , and said , Behold , my Son and my Brother are bent to afflict me , as my Grand-father King Henry II. was . And being put to his shifts to supply his necessities , came himself into his Exchequer , and with his own mouth pronounced and made Orders for the better bringing in of his Revenues , Farms , and Amerciaments , under severe penalties , that every Sheriff which appeared not yearly there in the Octaves of St. Michael , with his money , as well of his Farms and Amerciaments , as other dues , for the first day should be amerced five Marks , for the second ten , for the third fifteen , and for the fourth should be redeemed at the King's pleasure ; all Cities and Freedoms to be amerced in the same manner , and the fourth day making default , were to lose their Freedoms ; the Sheriffs amerced five Marks for not distraining upon every man that having 20 l. Lands per annum , came not to be made Knight , unless he had before been freed by the King : And by examinations of measures of Ale and Wine , Bushels and Weights , got some small sums of money ; and about the time of Richard Earl of Cornwal's going to Germany , ( where he was , by the privity and approbation of the Councel of State in England , elected King of the Romans ) called a Parliament : where bringing his Son Edmond clad in an Apuleian-habit , he said , Behold my Son Edmond , whom God hath called to the dignity of Regal Excellency : how fitting and worthy is he of your favour ; and how inhumane were it , in so important a necessity , to deny him counsel and aid ! and shewed them how , by the advice and benignity of the Pope and the Church of England , he had , for the obtaining of the Kingdom of Sicily , bound himself under the penalty or covenant of losing the Kingdom of England , in the sum of 150000 Marks ; and had obtained the Tenth of the Clergy of all their Benefices for three years , according to the new rates , without deduction of expences ; besides their first-fruits for three years : whereupon , after many excuses of poverty , they promised , upon the usual condition of confirmation of Magna Charta , to give him 32000 Marks ; But that not satisfying , The next year another Parliament was holden at London ; where he pressing them again for money to pay his debts , the Lords told him plainly , They would not yield to give him any thing ; and if he unadvisedly bought the Kingdom of ●icilly , and was deceived in it , he was to blame himself therein ; And repeating their old grievances , the breach of his promise , contempt of the power of the Church , and the Charter which he had solemnly sworn to observe , with the insolency of Strangers , ( especially of William de Valence , who most reproachfully had given the lye to the Earl of Leicester , for which he could not , upon complaint to the King , have right done him ) how they abounded in Riches , and himself so poor , as he could not repress an Insurrection of the Welsh : The King thereupon promised , by his Oath taken upon the Tomb of St. Edward , to reform all his errours . But the Lords , in regard the business was difficult , got the Parliament to be adjourned to Oxford ; and in the mean time the Earls of Gloucester , Hereford , the Earl Marshal , Bigod , Spencer , and other great men , confederated and provided by strength to effect their desires . The King n driven into necessities , did , the better to appease those often-complain'd-of grievances , when his own were burthen enough , by his Writs or Commissions sent into every County of England , appoint quatuor milites qui considerarent quot & quantis gravaminibus simpliciores à fortioribus opprimuntur & inquirent diligenter de singulis querelis & injuriis à quocunque factis , vel à quibuscunque illatis à multis retroactis temporibus & omnia requisita sub sigillis suis se cùm Baronagio ad tempus sibi per breve praefixum certificent ; which by any Record or History do not appear ( saith o Sir Henry Spelman ) to have been ever certified . And to obtain money , procured the Abbot of Westminster to get his Convent to joyn with him as his surety in a Bond for 300 marks ; sent Simon Paslieu , his trusty Councellor , with Letters to other Monasteries to do the like , but they refused . And the Prince participating in the wants of his Father , was for want of money constrained to mortgage the Towns of Stanford , Benham , and other Lands , to William de Valence . So that upon the aforesaid adjournment , and meeting of the Parliament at Oxford , in the 42d year of his Reign , brake out those great discontents which had been so long in gathering ; whither the Lords brought with them great numbers of their Tenants by Knights-Service , p ( which were many ) followers , dependants , and adhaerents , upon a pretence of aiding the King , and going against the Welsh : where , after they had secured the Ports , to prevent Foreign aids , and the Gates of the City of London , with their oaths and hands given to each other not to desist until they had obtain their ends , began to expostulate their former Liberties , and require the performance according to the Oaths and Orders formerly made ; the Chief-Iusticiar , Chancellor and Treasurer to be ordained by publick choice ; the twenty four Conservators of the Kingdom to be confirmed , twelve by the election of the Lords , and twelve by the King , with whatsoever else might be advantageous for their own security ; Whereupon the King , seeing their strength , and in what manner they required those things , did swear again solemnly to the confirmation of them , and caused the Prince to take the same Oath . Of which q Treasonable Contrivances , Matthew of Westminster , ( an ancient English Historian of good credit ) hath recorded his opinion in these words : Haec de provisionibus imò de proditionibus Oxon ▪ dicta sufficiant . And here yet they would not rest , the King's Brethren , the Poictovins , and all other strangers , were to be presently removed , the Kingdom cleared of them , and all the Peers of the Land sworn to see it done . The Earl of Cornwal's eldest Son refusing to take the Oath without leave of his Father , was plainly told , That if his Father would not consent with the Baronage in that Case , he should not hold a Furrow of Land in England . In the end , the King's Brethren and their followers were despoiled of all their fortunes , and banished by order under his own hand , with a charge not to pass with any Money , Arms or Ornaments , other than such as the Earls of Hereford and Surrey should allow and appoint ; with an injunction to the City of Bristol , or any other Ports , not to permit any strangers , or Kinsmen of his , to come into England , but such only as the King and the Lords should like . The Poictovins landing at Boloign , had much-a-do to gain passage into their own Countreys , by reason that Henry de Montfort , Son to the Earl of Leicester , whose power was very great in France , had followed them thither . Rumours were spread amongst the people in England , that the Earl of Gloucester was attempted to have been poyson'd ; and one of his Servants executed , upon no other proof but presumption ; and every one that would complain of the Poictovins , wanted no encouragement . Richard Gray , whom the Lords had made Captain of the Castle of Dover , intercepted as much as he could of what the Poictovins carried over , and enriched himself thereby . The new Chief-Justice Hugh Bigod , Brother to the Earl Marshal , being chosen in the last Parliament by publick voice , procured an order , that four Knights in every Shire should enquire of the poor oppressed by great men , and certifie the same to the Baronage under their hands and seals ; which were never found to have been certified ; And made an Order , that no man should give any thing ( besides Provisions ) for Justice , or to hinder the same ; and that both the corrupter and corrupted should be grievously punished . Notwithstanding which pretended care , the Lords enforceing the service of the King's Tenants which dwelt near unto them , were as totidem Tyranni , furnished the especial Fortresses of the Kingdom with Garrisons of their own , sworn to the common State ; and took the like assurance of all Sheriffs , Bailiffs , Coroners , and other publick Ministers , with strict Commissions upon Oath to examine their behaviour . And to make the King and his actions the more odious , and their own more popular , it was rumoured , that the King's necessities must be repaired out of the Estates of his people ; and he must not want , whilst they had it . Whereupon the King , to defend himself from such scandals , was constrained to publish his Declaration , to desire the people to give no credit to such false suggestions ; for that he was ready to defend all Rights and Customs due unto them . Howsoever , Montfort , Gloucester and Spencer , who had by the late constitution of the twenty-four Conservators drawn the entire managing of the Kingdom into their hands , enforced the King to call a Parliament at London , where the authority of the twenty-four Conservators was placed in themselves , and order taken that three at the least should attend at the Court , to dispose of the custody of Castles , and other business of the Kingdom , of the Chancellor , Chief-Justiciar , Treasurer , and all other Officers great and small , and bound the King r to release to them their legal Obedience , whensoever he infringed his Charter . In the mean time , the Earl of Cornwal , King of the Romans , being dispossest of that Kingdom , or not well liking it , returning into England , the Barons send to know the cause of his coming , and require of him an Oath before he should land , not to prejudice their late established Orders of the Kingdom ; which he sternly refused , saying , He had no Peer in England , being the Son and Brother of a King , and was above their power ; and if they would have reformed the Kingdom , they ought first to have sent for him , and not so presumptuously have attempted a business of so high a nature . The Lords , upon return of such an answer , sent to guard the Ports , came strongly to the Coast , prepared to encounter him , and the s King , Queen , and their Son Edmond , in a more loving manner go to Dover to receive him ; but neither they nor the Earl of Cornwal were by them permitted to enter into the Castle , for that it was the chief Fortress of the Kingdom . But finding the Earl of Cornwal's Train small , they suffered him to land ; and did , upon his promise to take the propounded Oath , bring him and the King into the Chapter-house at Canterbury : where the Earl of Gloucester . standing forth in the midst , in the presence of the King , called forth the Earl , not by the name of King , but Earl of Cornwal ; who in reverend manner coming forth , took his Oath , That he would be faithful and diligent with the Barons to reform the Kingdom , by the counsel of wicked persons over-much disordered ; and to be an effectual Coadjutor to expel Rebels , and disturbers of the same , under pain of losing all the Lands which he held in England . After which , both parties strengthening themselves all they could , the King for the assurance of the King of France , ex praecepto & consilio Domini Regis Angliae , & totius Baronagii , sent the Earls of t Gloucester Leicester , Peter de Subaudia , John Mansel , and Robert Walerand , to the Parliament of Paris , de arduis negotiis Regna Angliae & Franciae contingentibus , carrying with them a resignation of the Dutchy of Normandy , and the Earldoms of Anjou , Poicteau , Turaine , and Mayne , for which the King of France was to give him three hundred thousand pounds , with a grant of all Guyen beyond the River of Garonna , all the River of Xantoigne to the River of Charente , and the Counties of Limosin and Quercy , to him and his Successors , dong his Homage and Fealty to the Crown of France , as a Duke of Aquitain , and a Peer of that Kingdom . After whose return , Montfort , as he had incensed others , so had he those that animated him against the King ; as , Walter Bishop of Worcester , and Robert Bishop of Lincoln , who enjoyned him upon the remission of his sins , to prosecute the cause unto death ; affirming , that the peace of the Church of England would never be established , but by the Sword. But the people being oppressed and tired at length with those commotions , part-takings and discords , which , by the provisions wrested from the King at Oxford , and so many mischiefs and inconveniencies , had harassed , and almost ruined them , and did help to increase rather than decrease those troubles and controversies which afflicted the Nation : it having never been easie to bring those that were to be governed , to rule with any modesty or moderation those that had enjoyed a governing power in authority , established and appointed by God , in a well-temper'd Monarchy , and succession for many Ages ; or those that were to govern , to obey the giddy and unjust dictates of those who were to obey them ; or to unite in any contenting harmony the various ambitions , envies , revenges , hatreds , partialities , self-interests , and designs of many , or a multitude ; or such enforcements and contrivances to be lasting , durable , or pleasing ; and that all could not well rule , or agree how to do it . u The King and Queen keeping their Christmas in the Tower of London , cum suis consiliariis , ( saith Matthew Paris ) elaboratum fuit tam à Regni Angliae pontificibus quam à Regni Franciae , ut pax reformaretur inter Regem Angliae & Barones , ventumque est ad illud , ut Rex & Proceres se submiserunt ordinationi Regis Franciae , in praemissis provisionibus Oxoniae , nec non pro depraedationibus & damnis utrobique illatis , who had been so good a friend to the rebellious Barons , and so great a favourer of them , as after his expulsion out of England , whither they had invited him , toaid and assist them against K. John , and an agreement made with K. Henry III. his Son , to restore unto him the Dutchy of Normandy , and the other Provinces which he had from him in France , as he denied to re-deliver them , until the Liberties claimed by the English Barons , his old Friends , should be confirmed unto them , by whose Quarrels with their Sovereigns , he had gained many great advantages , to the wrong and damage of the Crown of England . And was all the while a very great enemy both to the King and his Father , who notwithstanding was with the Prince his Son. Richard Earl of Cornwal , King of the Romans , with others of the Loyal Nobility of the Kings part ; and the contending Rebellious Lords of the other side , by mutual Oaths , tactis sacrosanctis Evangeliis , in the 47th . year of his Reign , did undertake to perform and abide by his award , so as it were made and pronounced betwixt that and the Feast of Pentecost then next ensuing : unto which none of the Commons of England do appear to have been parties . Whereupon the w King of France taking upon him the said arbitration , congregato in crastino sancti Vincentii Ambiomis populo penè innumerabili coram Episcopis , & Comitibus , aliisque Francorum proceribus solemniter dedit sententiam pro Rege Angliae contra Barones Statutis Oxoniae , provisionibus , ordinationibus , ac obligationibus penitus annullatis , hoc excepto quod antiquas Chartas Regis Johannis Angliae universitati concessas per illam sententiam in nullo intendebat penitùs derogare . And made his award accordingly in writing : an exemplification or x authentick Copy whereof is yet to be seen amongst the Records in His now Majesty's Treasury at Westminster . Quae quidem exceptio Comitem Leicestriae , & coeteros qui habebunt sensus exercitatos ( saith Matthew Paris ) compulit in praeposito tenere firmitèr Statuta Oxoniae que fundata fuerant super illam Chartam . Et eo tempore redierint à Francia qui Parliamento , Regis Francia interfuerant , Rex , videlicet , Angliae Henricus , & Regina Eleanora , Archiepiscopus Cantuariensis Bonifacius , Petrus Herefordensis Episcopus , & Johannes Mansel ; qui Baronibus , ( saith that Monk of St. Albans ) mala quanta potuerunt , non cessabant machinari . Which exception could neither absolve them from their Oaths so solemnly taken to perform the award which the King of France had made , or purge them from their former and after Rebellions against King Henry III. or their ill usage of him . SECT . VI. That the Exceptions mentioned in the King of France's award of the Charter granted by King John , could not invalidate the whole award , or justifie the provisions made at Oxford , which was the principal matter referred unto him . FOr that the contrivance of the twenty-four Conservators , and what else was y added thereunto by the aforesaid Provisions and constrained Ordinances made at Oxford , was never any part of the Magna Charta , or the Charta de Foresta , enforced from King John , but a security seperate and collateral thereunto , framed and devised at the same time , for the better observation and performance of those Charters , which the preamble of that security , ( of which Matthew Paris hath at large left unto posterity an exemplar ) may abundantly evidence , in the words following , ( viz. ) Cum autem pro Deo & ad emendationem Regni nostri & ad melius sopiendam discordiam , inter nos & Barones nostros , haec omnia concessimus volentes ea integra & firma stabilitate gaudere facimus & concedimus eis securitatem subscriptam , viz. quod Barones eligant viginti quinque Barones de Regno nostros quos voluerint , &c. and doth greatly differ , both in the material and formal parts thereof , from the provisions afterwards enforced at Oxford , as by a just collation and comparison of that collateral security with those provisions , may appear : where care is taken but for twenty-four Conservators , twelve to be chosen by the King , and twelve by those factious Lords , who would likewise engross to themselves and their party the nomination of the Chancellor , Treasurer , two Chief-Justices , two of the Justices of both the Benches , and Barons of the Exchequer , and have the making of the Chief-Justice of the Iews ; to which the King and his Son the Prince were sworn ; but to the Running-Mead unkingly shackles or security , the King and those masterly Barons were only sworn , and that not thought sufficient , without some principal Castles of the Kings were to be put into hands of those Conservators ; and that upon complaint made to the King or his Chief-Justice , if reformation were not made within a time limited ; the Conservators and the common people were to distrain , & gravere eum , ( which would amount to a licensed Rebellion ) with a salvis personis only of the King and his Queen and Children ; all the great men of the Kingdom , and the common people , and as many as would , being also to take their Oaths to be aiding and assisting to those Conservators , ( in a kind or much resembling the late ASSOCIATION ) who were themselves to take their Oaths well and truly to execute their multiplied Kingships , and clip , as much as they could , the more just Authority and Rights of their Sovereign : But in those of Oxford there was so much kindness shewed to themselves , and care taken of their own tender consciences , as not to be sworn at all , and must needs be an excellent contrivance for the invisible good of the Kingdom , and a rare performance of their Homage , Fealty , and Oaths of Allegiance , to take the power and authority from a King , which should enable him to perform his Magna Charta , and Charta de Foresta , freely granted unto them , and put it into their own hands to break those Charters and his Oaths , and to protect and do Justice unto his people , as oft as their malice , ambitious envies , avarice , revenge , interests , designs , corruptions , or domineering passions of themselves and their Wives , ( being not a few in number ) and their numerous adhaerents , should incite or persuade them unto ; and were so confident of their over-ruling party , no provision being at all made in those which were made at Oxford , if any discords should arise in the election of the one twelve , or the other ; or in the continuance of their agreements together , shares , or parts in the Government of their King and fellow-Subjects , as believing that the power of the twelve Barons chosen by themselves , would be either praedominant over the twelve which were to be named by the King , or their newly-usurped authority would be so complaisant and well-pleasing unto all the twenty-four , as flattery , fear or interest would so quiet any ( to be supposed ) discords , as they should not need to fall out at a Feast , or divide , disturb , or destroy themselves by Factions : the security given at Running-Mead ordaining only twenty-five Conservators , without any election of a part or moity of them by the King , and to be upon occasion of any breach or offence done by the King or his Justiciar , ergà aliquem in aliquo , vel aliquem articulorum pacis vel securitatis , ( which clearly divides the security or Conservatorships , from the Articles of Peace and Charters compelled at Running-Mead , as far asunder as a disjunctive , or matters of another nature , sense , or purpose could effect ) reduced to four , and that which was referred to the King of France , neither King John's Charter , nor the collateral enforced security , by the power of a Rebellious and unruly Army , when he had but seven Knights to stand by him , and was over-aw'd by a Clergy claiming to be independant of him , and out of the power and coertion of his Laws ; had the Pope's . Legate at their elbow , and his afrighting pretence of God-like Omnipotency , with their threatning to excommunicate him and his Councellors , and all that should adhere unto him ; And , as if that had not been enough , practising and plotting with a discontented powerful party of the Barons against him : But singly and seperately , that which was the present Controversie , & cardo quaestionis , were the provisions made at Oxford , where per mensem integrum persistebant consilits & armis ; of which , and the z reference to the French King thereupon , Henry Knighton ( an Author much enclin'd to the contending part of the Baronage ) gives us an account in these words : Publicatis Statutis & executioni demandatis , displicuerunt multa Regi & paenituit eum sic jurâsse sed quia resistere non potuit , ex arrupto dissimulavit ad tempus , cùmque elapso anno non videret se ut promiserant à debitis relevari , ( which Henry Knighton affirmeth they promised ) sed magis Onerari , in multum condoluit , & missis ad Papam Nuntiis quoad sacramentum praestitum absolutionis beneficium consecutus est , & quoad se & suos omnes absolvit et●am Papa indifferenter omnes ab eodem juramento , ut citiùs inter se in vinculo pacis unirent , siatimque absolutione opteniâ resilivit Rex à praemissis , & convocato Parliamento suo Oxoniae quaestionem movit magnatibus suis , se quantùm ad provisiones tenendas callidè quidem inductum & seductum , in super quod ad sacramentum praestitum , & pro se & suis universalitèr omnibus absolutionis benificium generalitèr impetrâsse unde petiit se ad omnia restituti , sicut antiquitùs esse consuevit . At illi qui convenerant Comes , scilicet , Leicestrensis Symon de Montforti , Comes Gloucestriae Gilbertus de Clara , Humfridus de Boun juvenis , Comes Ferarensis ; Barones etiam quam plurimi , scilicet , Dominus filius Johannis , Dominus Henricus de Hastinges , Dominus Galfridus de Lucy , Johannes de Vescy juvenis , Dominus Nicholaus de Segrave , Hugo le Spencer , & Robertus de Vesponte , ( no Commons ) pro se siquidem & suis sequacibus unanimitèr respenderunt quòd provisiones ad quas juramento astricti fuerant usque in finem vitae tenere voluerunt eò quòd pro utilitate Regis , & Regni communiter editae fuerant & confirmatae . Dumque vota a sua sic mutassent in varia impacata recedere voluissent , quidam Episcopi aderant qui interposuerunt partes suas ità quòd ipsis & aliis amicis communibus sic cum difficuliate mediantibus compromiserunt partes utrimque se velle stare in omnibus arbitrio Regis Franciae . Qui quidem Rix auditis hinc inde propositis & diligenter ponderatis decrevit in fine Regi Angliae exhaereditationem fieri manifestam , unde Statuta eorum quasi omnia reprobavit , & eidem Regi statum pristinum restitui , imponens aliis silentium quantum ad jura Regalia ordinanda . Motique Magnates & indignantes necesserunt stare nolentes ejus arbitrio , ●ò quòd pro Rege omnia Rex ipse adjudicavit . Wherein the Charters of King John , either as to the Forests , or concerning the other Lands , Liberties and Estates of the Bishops , Abbots , Priors , Earls , Barons and Free-men of England , or any the controversies raised thereupon , do not appear to be any part of the matters referred to the King of France's arbitration , neither are in his award thereupon mentioned , in the transcript thereof , remaining amongst His Majesty's Records , or declared by Matthew Paris , or Henry Knighton ) to be any parcel of the controversies referred unto him , or inducing the same ; for the Charter of King John , therein by Matthew Paris said to be excepted , is in the singular number , and distinguishable from that of the Forests , and cannot howsoever , in any probability , be intended to be the aforesaid collateral over-binding security , nor could that be comprehended under that notion ; for the Charters granted by King John have nothing therein of the after-provisions made at Oxford , which were not in his said Charters mentioned , nor can be accounted the same , when they were not then existent , but were framed , hatched and brought forth forty-three years after the Charters gain d at Running Mead , which were not the same with that seperate and collateral bond , or unfitting security , wherein the King , besides those Charters , did covenant to expell all aliens and strangers out of the Kingdom , & omnes ruptarios , breakers of the peace thereof , ( some of which were therein particularly named ) qui sunt ad nocumentum Regni , granted a general pardon omnibus Clericis & Laicis , of all offences committed by reason of the said troubles and discords from Easter before , ( which was in the ●6th . year of his Reign ) to the making of that pacification ; and moreover , gave unto them the Letters Testimonials and Patents of the Archbishops of Canterbury and Dublin , Pandulphus the Pope's Legate , and other Bishops , super securitate ista concessionibus praedictis , the Charters being only a grant of the King 's to to the Bishops , Earls and Barons , and the rest of the Freemen and Subjects of England , not as if they were before free and exempt from the just Monarchical and Regal Government , but contra-distinguished from Bond-men and Bond-women , Copy-holders , Servants , &c. ) which needed no Oaths from the Grantees , or those which might be glad to receive the Benefits and Liberties granted thereby . For the contrivance of that fatal and too-long-lasting Seminary of Sedition and Discord betwixt the King and those Barons , and that unfitting security to pacifie their unbecoming jealousies , being no part of the Charters granted by King John , were but as covenants and promises extorted from an over affrighted and distressed Prince , and were not the same upon which the provisions of Oxford were founded , nor incorporate in them . So that the provisions made at Oxford must needs be those , and none other , which the King of France and his Parliament and great Council , upon so grand and deliberate a hearing , declared to be null and void , as derogatory to Kingly Government , and amounting to a total dis-herison of the King therein ; and if they were not those provisions , the maintainers of any such opinion are to shew what other provisions made at Oxford in the Reign of King Henry III. were referred unto him , or condemned by him . It being not to be understood by any , that will not make their ignorance , self-conceitedness , designs and evil purposes to be the rules of their reason , that the exception of King John's Charter was to be extended to the collateral security , and when they have sweat and laboured at it beyond any the rules of Reason and Learning , will never be able to entice or draw any religious , good , wise or learned men to subscribe to such a paradox , That twenty-five Conservatorships should be intended or understood to be only Twenty-four , and those subcommitted to Four ; that the King 's putting into his rebellious Barons hands four of the strongest Castles which he had , as pledges and security , with power for all that would to take Oaths , to distrain and take arms , and set the common people upon him : were , or are within the true meaning or construction of that Magna Charta ; or that it was ever within the meaning , intention , or words of that Magna Charta , granted by him unto his Subjects , to be holden of him and his heirs in capite , that the word or notion of Liberties mentioned therein , should or could beget a Law , Rule , or Custom , that those that were the Grantees , and to be governed , should rule their Governours , ( which no where appeareth to be consonant to that Reason , Iustice and Order which God Himself praescribed , and gave as a rule for the better ordering of the Sons of men and all their Generation ; ) or that the granter of those Liberties in those Charters , did thereby ever intend , or so express , or understand , that by the grant of those Liberties and Benefits , the Subjects of England were entituled to a Right or Authority to govern their King ; and if he do not therein behave himself according to the Interests or Votes of a giddy multitude , ( who are as seldom to be pleased , as they are to be brought into one and the same opinion , humour , interest , or design ) should be vested with a power or authority to compel him . When no Histories , Annals , or Records of the Nation , or Writer new or old , ( except such as had been fooled and infatuated by Jesuitical Principles , fitted and dress'd up for some wickedly silly Presbyters and Fanaticks , in the time of that popular Frenzy in England , betwixt the years 1640 and 1661 , and drank deep of that Circaean Cup , and intoxicated themselves with the ungodly gains of Rebellion against their Sovereign , by Murder , Plunder , and Sequestration of Him , and their more loyal and honest fellow-Subjects ) can tell us any News of such Rights and Liberties , or inform us where any such were granted , duly registred or authenticated , other than in or by the Records or Memorials of Wat Tyler , Jack Cade , Ket , and their Rabble-rout . Nor was it probable that so great a Council of wise or learned men should in the penning or wording the King of France's aforesaid decree or award , in or with the exception of King John's Charter , so much err , if they had understood that it had made void the whole award , or that the Pope would have confirmed a nothing , or such an award as should signifie no more ; or that the opposite Barons would have taken it so ill , or believed that it had been so much against them , as Henry Knighton related it , That the King of France had awarded all for the King , if they had not understood the aforesaid provisions made at Oxford to have been , ipso facto , null and void ; neither can it by any men of Law , Reason or Learning be adjudged , that that award could be as to the whole a nullity , by reason of that exception , when the civil or Caesarean Law , that excellent method of universal reason , by which the greatest part of the world was then , before , and ever since contented to be guided , hath taught us , that b exceptii est quaedam exclusio quae interponi actioni cujusque rei solet ad excludendum id quod in intentionem , condemnationem vè deductum est ; For , c excipere propriè est detrahere , & exceptio est quae partem aliquam de universo Actoris jure detrahat ; And these Laws have declared , that exceptio obscura nihil est momenti ; & obscurè excipere , est nihil excipere ; And our English Laws and reasonable Customs have allowed us to say and believe , that exceptio firmat regulam in casibus non exceptis , that a matter or thing not excepted , is the more strengthened and confirmed , by what is excepted and severed from it . But it seems , saith Mr. Pryn , that that award of the King of France was not full and satisfactory to all parties , ( although the King's permission thereupon afterwards made , chargeth the dissatisfaction on the Barons part ) whom to content as well as he could , he and the Barons , by mutual consent , did by their Letters Patents , submit ( as he said ) that award to H. Bishop of London , H. le Despencer , Justiciar of England , Bartholomew Earl of Anjou , Cousin-jerman to the King of France , and the Abbot of Beck , to amend or correct , by way of addition or detraction ( in or to the said award ) whatever they should judge meet for the settling and securing of Peace . And the King was so great a lover of Peace , and well-wisher of the good of his people , as after he had granted unto them more Liberties than they could claim , and in modesty could ask of a Sovereign that would preserve that Superiority , and those Rights which God had given Him , for His own and the Peoples good , which can never be , without an Obedience of Subjects , and a care of a Prince to protect them , by doing justice to Himself as well as to Them ; and was so willing to give them satisfaction in any thing just or reasonable to be desired , as he was content to wave and lay aside the advantage which he fairly gained by the aforesaid award or ordinance of the King of France , in defence and maintenance of his own just Rights , and therein of his means to govern and protect them , ( which no Prince in Christendom at that time would have done ) and at the same time adventure the censure or ill will of a neighbour Potent Prince , that would not take it kindly to have an award made with so much Justice , Judgment , and care , to be reviewed by a part of his People , and such as were no friends to the Rights of Kings , and had been long in opposition to their King , and encouraged a long and lasting Rebellion against him , and by such a new reference or review , subjecting himself to the Excommunication and Ecclesiastical Censures of the Pope's Legate , by which He and his Kingdom had already so greatly suffered . Yet , in that so great a Storm and Tempest of State would not so much injure Himself , his Dignity , and occasional or necessary emergent affairs of Government , as not to provide that they should not so much as speak , treat , or ordain any thing , circa emendationem ordinationis , seu pacis praedictae per quod Regnum Angliae , per alios quàm indigenas gubernetur , nec castrorum custodia , seu alia balliva Regno praedicto aliis quàm indigenis fidelibus non suspectis committetur , ( which with a clause next following , might also probably be inserted to please the Earl of Leicester , and to secure him from after or former objections , that he was himself an Alien , or that such allegations might not be any hinderance to him or William de Valence to have the custody of any of the King's Castles , who had yet some Provinces in France , and was not without Subjects that ( as to England ) were Aliens , as the ensuing Commission , or Letters Patents in order thereunto , will demonstrate . Rex Angliae , d S. de Monteforti Comes Leicestr ' , Gilbertus de Clare Comes Gloucestr ' & Hereford ' , Johannes filius Johannis , Johannes de Burgo senior , Willielmus de Monte Canisio . Henricus de Hastings , Gilbertus de Gaunt , & caeteri Barones & Magnates Angliae , ( no COMMONS ) universis Christi fidelibus ad quos praesentes literae pervenerint , salutem in Domino ; cum super praeteritis guerrarum discriminibus in Regno Angliae subortis , quaedam ordinatio seu forma pacis de nostro Praelatorum , & totius communitatis Regni praedicti , unanimi voluntate & assensu provida deliberatione inita fuerit , quam nuper Domino Regi Franciae fecimus praesentari , & quam Deo gratam , nobis & Regno nostro credimus opportunam , ac quidam ut intelleximus facti veritatem minus plene intelligentes , ordinationem ipsam seu pacis formam minus sufficientem asserentes , de quibusdam articulis in eddem insertis non fuerint contenti . Nos ad pacem & tranquilitatem Regni praedicti totis vi 〈…〉 us , sicut tenemur , laborare volentes ut justitia nostra & fac 〈…〉 ritas patefaceat & singulis plenius innotescat , plenam damus po●estatem venerabili Patri H. London ' Episcopo , & Nobili viro Hugoni le Despencer Iustic ' Angliae , & Nobilibus viris Bartho ' Com' Audeg praedicti Regis Franc ' germano , & Abbati de Beccon , inspiciendi & examinandi formam ordinationis seu pacis praedictae addendi & detrahendi eidem , & emendandi , si quid addendum , detrahendum , seu corrigendum viderint , & providendi omnem securitatem quam viderint opportunam , & ea omnia quae ordinanda seu statuenda duxerint , firmiter observandi Nos autem omnia & singula quae ipsi ad emendationem & observationem pacis ejusdem ordinaverint , rata habebimus , & accepta subjiciendo nos jurisdictioni & coertioni venerabilis Patris G. Sabin ' Episcopi Apostolicae sedis Legati ; ut ipse per sententiam excommunicationis , & omne genus censurae Ecclesiasticae , nos & omnes & fingulos compellere possit , si forte ordinationem praedictorum in aliquo praesumpserimus contrahere , & si praedictus Com' Audeg ' praesens non fuerit , vel negotium istud in se assumere noluerit , volumus quod Dominus de Neele , vel Dominus Petrus de Camberleng ' , loco ejusdem Com' subrogetur ; quod si praedicti quatuor in aliquo articulo pacis praedictae discordes fuerint , judicio majoris partis eorundem stetur , & si Pares in discordia fuerint , volumus ut venerabilis pater Archiepiscopus Rothomag ' eis associetur , & quod à majori parte eorundem quinque concorditer fuerit ordinatum , firmiter ob●●rvetur . Nolumus autem quod aliquid liceat eis dicere , ordinare , seu statuere circa emendationem ordinationis seu pacis praedictae , per quod Regnum Angliae , per alios quam per indigenas gubernetur , nec castrorum custodia , seu alia balliva in Regno praedicto aliis quam indigenis fidelibus non suspectis committetur : volumus etiam modis omnibus quod pax inter nos Regem Angliae & praefatum Com Leicestr ' super personalibus & specialibus Querelis , questionibus , & contentionibus quas contra eundem Comitem habemus , & ipse adversus nos , & de quibus posuimus nos in praedictum Regem Franc ' fiat & assecuretur antequam pax seu ordinatio praedicta finaliter compleatur . In cujus rei testimonium huic scripto nos Rex Angliae , Com Leicestr ' & Gloucestr ' , Jo. Johannes , Willielmus , Henr ' & Egidius , pro nobis & caeteris Baronibus , & communitate Regni Angliae , sigilla nostra apposuimus , Dat' apud Cantuar ' die Jovis prox ' post festum Nativ ' beatae Virginis , an' Dom ' 1263. In assistance whereof , saith e Mr. Pryn , the King and the Barons having by common consent entred into Articles of agreement under their hands , concerning the reformation of the Realm of England , and referred themselves therein to the determination of the King of France and the Pope's Legate , he did constitute three Procurators , to conclude and consent on his behalf to whatsoever should be therein agreed , with submission to the Legate's Ecclesiastical Censures and Excommunications , to compel him to the performance thereof , in these words following , ( viz. ) f Rex Angliae , omnibus ad quos , &c. salutem , Noverint universitas vestra , quod nos ordinamus & constituimus venerabiles Patres W. Wygorn ' & J. Winton ' Episcopos , & Nobilem virum Petrum de Monteforti , Procuratores & Nuntios nostros solempnes , dantes eis potestatem tractandi in praesentiâ magnifici principis Domini L. Dei gratiâ Regis Franc ' illustris , & venerabilis Patris G. Sabin ' Episcopi Apostolicae Legati , vel alterius eorum , super reforma , tione status Regni Angliae , & quod in hâc parte provisum fverit acceptandi , & firmandi , seu etiam compromittendi super hoc in certas personas si viderint expedire , ac omnem securitatem faciendi quam negotii qualitas requirit , & quam nobis seu Regno praedicto viderint optimum dantes in super praefato Petro potestatem jurandi in animam nostram , quòd nos quicquid ipsi tres in praemissis nomine nostro duxerint faciendum , ratum habebimus & acceptum , subjiciendo nos jurisdictioni & coertioni praedicti Legati , ut ipse per sententiam excemmunicationis , & omne genus censurae Ecclesiasticae nos compellere possit , ad observatlonem praemissorum . In cujus , &c. Dat' apud Cantuar ' die Jovis praedicta , anno praedicto . Wherein i●●s to be observed , that that was but ( upon the matter ) a re-referrence to the King of France , the change being only in the assistant Councel , the most part whereof were French under his obeysance ; and it was to be but as an emendation , correction , or altering of some part , not all of the award , which was made before , which was not by this latter referrence found or declared to be void , or so much as contradicted , in any of the particulars of the provisions made at Oxford adjudged against the Barons , or any thing to be defective or redundant ; nor was there any addition , correction , or explicacation mad therein : So as that meeting and re-referrence proved to be only an essay for a pacification . For that haughty Earl Montfort hated the King , and endeavouring all he could his destruction , so thwarted all his actions , and domineer'd over him , as the King told him openly , That he feared him more than any Thunder or Tempest in the world . Being not pleased with what had been proposed at that revisionary Treaty , for what concerned his own particular interest and satisfaction , would rather bleed and embroil the Nation , than acquiesce in those excellent Laws and Liberties which the King had granted in his Magna Charta and Charta de Foresta , ( which , like two Jewels of inestimable price in her ears , did help to bless , secure and adorn our BRITANNIA , whilst She sate upon Her Promontory , viewing and guarding Her British-Seas ) and did therefore draw and entice as many as he could to go along with his envy , malice , ambition , and designs . With which Ordination , Sentence and Award of the King of g France against the Barons , many were notwithstanding so well satisfied with the King , and so ill with Symon Montfort's proud and insolent demeanour , as they withdrew themselves from the rebellious part of the Barons ; and although some for a while staggered in their Opinions and Loyalty , because ( though the King of France condemned the provisions made at Oxford , yet ) he allowed King John's Charter , whereby he left , as they pretended , the matter as he found it , for that these Provisions , as those Barons alledged , were grounded upon that Charter . But a better consideration made many to dispence with their ill-taken Oaths , and return to their Loyalty ; as , Henry Son of the Earl of Cornwall , Roger de Clifford , Roger de Leybourne , Hamo L'Estrange , and others . And it is worthy a more than ordinary remarque , that that King of France and his Councel , upon view and hearing of so many Controversies and Tronsactions betwixt our King Henry III. and his rebellious Barons , could not be strangers to the former and latter attempts , ill-doings and designs of that Party of the English Baronage , did so little approve thereof , and of their Parliamentary Insolencies , and Oxford Provisions , as his Grand-child or Successor , h Philip le Bel King of France , who reigned in the time of our Edward I. did within less than forty years after , Pour oster ( saith l'Oyseau , a very learned French Author ) de la suitte le Parlement ( qui lors estoit le conseil ordinaire des Roys , voir leur faisoit Teste bien sauvent ) & luy oster doucement la cognossance des affaires d'Estat , to the no great happiness , as it afterwards proved , of the French Nation ) erigea un cour ordinaire , & le rendit sedentaire a Paris dont encore il a retenu ce teste de son ancienne institution qu'il verifie & homologue les Edicts du Roy. And now the doors of Janus Temple flew quite open ; the Prince , with Lewellin Prince of Wales , Mortimer , and others , invade and enter upon the Lands of Gilbert de Clare Earl of Gloucester , and some of the opposite Nobility ; and the Earl of Leicester was as busie on the other side , in seizing Gloucester and Worcester . Whereupon the King doubting Montfort's approach to London , ( being not yet ready for him ) works so , as a mediation of Peace was assay'd , upon condition that all the Castles of the King should be delivered to the keeping of the Barons , the provisions of Oxford inviolably observed , all strangers by a certain time should avoid the Kingdom , except such as by a general consent should be held faithful and profitable for the same . Here , saith the Historian , was a little pause , which seemed but a breathing in order unto a greater rage ; The Prince fortifies , victuals , and garrisons Windsor Castle . And the King , to get time , summoned a Parliament at London , where he won many Lords to his party , and with them Richard Earl of Cornwal his Brother , King of Almaine , Henry his Son , William Valence , with the rest of his Brethren ; marches to Oxford , whither divers Lords of Scotland repair unto him ; as , Iohn Comyn , Iohn Baliol , Lords of Galloway , Robert Bruce and others , with many English Barons , Clifford , Percy , Basset , &c. from thence with all his Forces went to Northampton , took Prisoner young Symon Montfort , with fourteen other principal men ; thence to Nottingham , spoiling the Possessions appertaining to the Barons in those parts . The Earl of Leicester draws towards London , to recover and make good that part of his greatest importance , and seeks to secure Kent and the Ports ; which hastens the King to stop his proceedings , and to succour the Castle of Rochester which he besieged : whereby Success and Authority growing strong on the King's side , the k Earls of Leicester and Gloucester , in behalf of themselves and their Party , write unto the King , humbly protesting their Loyalty , alledge , that they opposed only against such as were enemies to Him annd the Kingdom , and had bely'd them ; unto which the King returned answer , that Themselves were the perturbers of him and his State , enemies to his Person , and sought His and the Kingdoms destruction , and therefore defy'd them ; the Prince and the Earl of Cornwal sending likewise their Letters of defyance unto them ; who doubting the hazard of a Battel , send the Bishops of London and Worcester ( their former encouragers ) unto the King , with an offer of 30000 Marks for damage done in those Wars , so as the Provisions of Oxford might be observed . Which not being condescended unto , or thought fit to be allowed , Montfort with his Partners seeing no other means but to put all to the hazard of a Battel , made himself more ready than was expected , placed on the side of an Hill near Lewis , where the Battel was to be fought , certain Ensigns without men , which seemed afar off to be Squadrons ready to second his men , ( whom he caused all to wear White Crosses , both for their own notice , and signification of the candour and innocency of his cause , which he desired to have believed to be only for Justice . ) And , as Rebels , first assaulting their King unexpectedly , began to charge his Forces , who were divided into three parts ; The first whereof was commanded by Prince Edward the King's Son , William de Valence Earl of Pembroke , and John Warren Earl of Surrey and Sussex ; the second by the King of Almaine , and his Son Henry ; and the third by the King himself . The Forces of the Barons ranged in four parts ; whereof the first was led by Henry de Montfort , and the Earl of Hereford ; the second by Gilbert de Clare Earl of Gloucester and Hertford ; Iohn Fitz-John , and William of Mount-Chency ; the third by the Londoners , and Richard Segrave ; and the fourth by Symon de Montfort Earl of Leicester himself , and Thomas de Pelvesion ; l And both sides fighting with as great manhood as fury , the Prince and his Batalion , cum tanto impetu in hostes irruil , so beat and routed those that stood against him , as he made them give back ; many were slain and drowned , and the Londoners put to flight ; whom the Prince over-charging , and pursuing by the space of four miles , and putting many of them to the Sword , was so out of sight , and far gone from the King's Army , as made them weaker than otherwise they would have been ; m but at his return , instead of a Victory , found about 5000 of his Fathers Army slain , the King of Almaine , Robert de Bruce , and John Comyn ( who had brought many Scots to the King's aid ) taken Prisoners , with twenty-five Barons and Bannerets on the King's party , and the King himself having his Horse killed under him , made a Prisoner , and shut up in the Priory ; Ita reversus Edwardus gravi praelio excipitur ; So as the Prince at his return was freshly set upon by the prevailing party . The Earl Warren , William de Valence , and Guy de Lusignan , and Hugh Bigod , with forty armed Knights , fled to Pevensey ; And the Prince , when he was returned to the Town of Lewis , sought his Father in the Castle ; but not finding him there , went to the Priory , where he found him . In the mean time the conquering Barons assault the Castle , which they that were within so stoutly defended , as the besiegers withdrew ; which heartned the Prince , so as he , recollectis suis voluit iterum praeliari , recollecting his Forces , had a mind to try his and his Fathers fortune again , and fight it out , quo cognito miserunt Barones mediatones pacis ; which the Barons understanding , sent unto him mediators to treat of a Peace , promising the next morning to do it with effect ; at which time the Fryers , Minors and n Praedicants passing and labouring betwixt both parties , the matters were adjourned until feria sexta some days after , when Prince Edward , and Henry the King of Almaine's Son , were given as Hostages for their Fathers the Kings of England and Almain , and sub spe pacis & quietis delivered to Earl Symon de Montfort , in the hopes of a peace and agreement , ita ut cum deliberatione tractaretur quae Provisionum & Statutorum essent pro utilitate Regni tenenda & quae delenda ; so as they might at leisure , and with deliberation , treat and consider what Provisions and Statutes ( probably those which had been made at Oxford , the Darlings of their designs ) were for the good of the Kingdom to be kept , or what Laws were to be abrogated , such in all likelyhood as might clip the King's Regalities , and make them to be as much , if not more , King then Himself . ) And that in the mean time the Prisoners on both sides should without any Ransom be set at liberty ; Insomuch as the Sunday following all that had been taken on both sides were licensed to go to their own habitations ; and the King , as the said Symon de Montfort had directed him , did write to those which were in the Castle of Tunbridge in Kent , to deliver it up to Earl Symon , which they did very unwillingly . SECT . VII . Of the evil actions and proceedings of Symon de Montfort and his rebellious partners , in the name of the King , whilst they kept Him and his Son Prince Edward , and divers of the Loyal Nobility , Prisoners , from the 14 th . of May in the 48 th . year of his Reign , until His and Their delivery by the more fortunate Battel at Evesham the 4 th . day of August in the 49 th . year of his tormented Reign . THe old Lyon thus taken and imprisoned , by the misfortune of his gallant Whelp 's over-chasing and pursuing of a part of his enemies in the day and extremity of the Battel , his Rebels , when they had him , were at a stand what to do with him : They durst not let him loose , for that would but restore him to his strength and power , which his liberty might have regained : If they should have murdered him , that would have been so wide from a fix'd accomplishment of their wickedness , as , though it might have gained them a quiet , or for some time continued possession of a Kingdom , yet it was not at all likely to have been settled to them and their heirs , whilst there was so wise and valiant a Prince , and so many descendents of the Royal Line in remainder , which would have been always wrestling and contending for it , by the aid and assistance of a numerous , Loyal , and Potent Nobility , and the common people , who would be able easily to distinguish betwixt right and wrong , would be more likely to love the former , hate , and bend all their forces and ill wishes against the latter , and mock and take all opportunities of revenge in the redemption of an immured Sovereign , his Crown , Dignity and Lineage : And therefore it would better suit with their wickedly-begun enterprizes , and already-gotten advantages , to make use of crafts and policy , and render his own power the means the faster to ensnare and entangle him , by putting Him and his friends in hope of a peace , which they would not be very hasty in , until they had gotten his Castles and Strength into their hands , and drawn unto their party that part of his Subjects that had not intermeddled in the quarrels betwixt them , but like men amazed stood at a gaze , wondring at it , and might well distrust , and be jealous of their former pretences and promises , when the Prince , that had made himself a Pledge and Hostage for his Father , that he might have his liberty , found it was never intended but to keep him , with all his hopes and fortunes , as much a Prisoner as himself . And by those and other arts and contrivances , with their rebellious Army not disbanded , but kept on foot to serve themselves and their Prisoners , carried the King about with them from place to place , to countenance , against his will , their evil designs and actions : the people ( not of their party ) not daring to come either unto Him or Them , without Letters of safe conduct , which in the King's name , whilst they play'd Rex with it and his Seal , they could grant and write what they pleased in the language of their own design , with which the Patent and Close Rolls of that year and the next , with their Dates and Teste , when they had him in their custody , are well stor'd ; and in the mean time made it to be a great part of their care and business , to cause to be delivered up unto them , such Castles and places of strength , as either they feared , or had not in their Possession , as Windsor , Notingham , Bamburgh , Carlisle cum multis aliis , &c. Of which amongst many , one to to Drugo Barentyn , ( who had then in Windsor-Castle , the custody of Peter de Moutfort taken in Arms against the King ) may serve for instance , viz. Rex Drugoni de Barentyn o Constabular : castri de Windsor salutem , quia specialia negotia vobis communicanda habemus , vobis mandamus in fide quâ nobis tenemini firmitèr injungentes , quatenus omnibus aliis praetermissis sitis ad nos London hoc instante die Mercurii ad ultimum nobisnm locutum , & hoc nullatènus omittatis , nos enim praesentibus ad hoc vobis & his quos vobiscum ducetis salvum & securum conductum ( as much as a Prisoner could aford ) praebemus in cujus , &c. Teste Rege apud Sanctum Paulum London Sexto pie Junii . Upon the twenty seveneth day of July , Anno 48o. of his Reign , being at p St. Pauls in London ; a Letter was written to the King of France , in these words , Regi Franciae Rex Angliae Salutem ; serenitatis vestrae Literas per Willielmum Charles militem nostrum nobis porrectas receperimus inter caetera contimentes quod vobis multum complaceret , qùod firmam & utilem pacem nobis & Regno nostro ad honorem Dei & nostri cum Baronibus nostris haberemus , & qùod aliquos de concilio vestro usque Bonon mittetis ad diem Veneris ante assumptionem beatae Mariae & quòd ipsis tunc intendentes sitis prope , celsitudini vestrae quantas possumus gratiarum referimus actiones , per hoc manifestè perpendentes quòd circà commodum & honorem nostrum , nec non tranquillitatem & pacem Regni nostri solliciti estis & intenti , nos autem die Jovis prox : post festrum Sancti Petri ad vincula erimus apud Dover , ita quòd nuntii nostri & Baronum nostrorum dicta die Veneris 〈…〉 ud Bonon Domino concedente ad tractand & faciend de dict● pace p●●●● nobis significâstis ; & quia negotium istud tam coeteros Principes quam Nos tangit in ordinatione pacis praedict ' ad honorem Dei nostri & Haered ' nostrorum honori & indempnitati ac tranquillitati Regni nostri liberalitèr & benignè si placet providere velitis . Teste Rege apud Sanctum Paulum , London Vicesimo septimo die Julii . Within three q dayes after , being the Thirtyeth of Iuly in the same Year , a Letter was sent in the Name of that Captive King , to Simon de Montfort Earl of Leicester , and Gilbert de Clare Earl of Gloucester and Hertford , ( who were the Chief of the Party , who had subdued , taken , and kept him Prisoner ) in the Form following , viz. Rex dilectis & fidelibus suis Simoni de Monteforti Com' Leicestr ' , & Gilberto de Clare Com' Glocestr ' & Hertford ' Salutem . Cum nupertr anscriptum literarum Domini Regis Franciae quod vobis pridiè transmisimus manifestè perpendere possitis , quod si cum praesato Rege ( a special friend of their own Party ) & aliis de partibus transmarinis tractatum pacis habere debeamus , oportet quod solempnes Nuncii de Concilio nostro & vestro ( as if they were Partner Kings ) sint apud Bonon ' die Veneris prox . post festum Sancti Petri ad vincula scilicet die Veneris ante Assumptionem Beatae Mariae in occursu Nunciorum praesati Regis , & quòd Nos ipso die vel die Jovis praecendenti simus apud Dover , sicut praefato Regi de concilio Magnatum qui sunt nobiscum litteratoriè significavimus , & vos propter brevitatem temporis & distantiam locorum personaliter vix adesse possitis tempestivè , vos rogamus , quatenus statu Regni nostri mandato praesati Regis Franciae , & periculis quae nobis & Regno nostro ex prorogatione dicti negotii poterunt imminere , diligenter pensatis visis literis provideritis de Nuntiis solempnibus & idoneis usque Bonon ' mittendis ad d●em Veneris supradictum , & cum eis ad Nos mittatis dilectum & fidelem nostrum Petrum de Monteforti ( the Earl of Leicester's near Kinsman , a most insolent domineering Adversary ) cum formâ & potestate tractandi & firmandi pacem melius & salubrius fuerit faciend ' , mittatis etiam ad Nos aliquos ad eundum nobiscum usque Dover , & ad concilium impendendum , & responsum Nuntiis euntibus & redeuntibus nobiscum de concilio vestro faciendum , quousque personaliter veniatis ; & quia praesens negotium summam et inestimabilem requirit Celeritatem , eò quòd tempus breve est ultra modum , vos ambo , si quomodo fieri possit , vel alter vestrum statim visis literis ad nos veniatis , et si Edwardus filius noster èt Henricus de Almaine nepos noster nobiscum essent apud Dover , certi sumus quòd celerem et satis bonam pacem haberemus , et ideò si placet ipsos tanquam Obsides in statum quo nunc sunt , ib ' . venire Fac. T. &c. XXX die Iulii . Upon the 4 th . day of September , in the same year and time of the King's Imprisonment , all that he could do was upon his Petition , as the Record slovenly and undutifully intimateth , to get licence that Henry the Son of Richard King of Almaine , ( who was kept as a Prisoner in Dover Castle , as a Pledge for his Father ) might go into France , to treat with that King ( their Old Confederate and Friend ) for a Peace to be made betwixt the King and his Barons , upon his Oath to do no prejudice to the disloyal Barons , and that he might abide there until the Nativity of the Blessed Virgin at Night , or within two or three days after , upon a new Licence of those Barons , and Bayl given by the Envoys or Embassador of the King of France resident in England , that he should not be detained in France ; upon an undertaking also of the said Henry de Alemannia to forfeit all his Lands and Possessions which he had or might have in England by Inheritance or otherwise , and to be utterly deprived thereof , and the several Bonds or Recognisances severally given of the Bishops of London , Lincolne , Worcester , Winchester , Chichester , Coventry and Lichfield , with the Bishop Elect of Bath , in 20000 Marks in Silver a piece that he should return and rende● himself a Prisoner as aforesaid , as the Record thereof in the Words ensuing doth testifie . Rex omnibus , &c. Cum dilectus et fidelis noster Henricus filius Regis Almannia Germanus noster Charissimus sub custodia dilecti et fidelis nostri Henrici de Monteforti Constabularis castri nostri Dovoriae , sub certâ formâ Obses constitutus suisset pro pace Regni nostri conservanda et ad Petitionem nostram pro pace inter Nos et Barones nostros praelocuta tractanda pleniùs et finienda ad Dominum Regem Franc. Illustrem in partes proficisceretur transmarinas idem . Henricus Almannia obtenta ab eis quibus Obses datus fuerat super praedictis transfretandi licentia in praesentia nostra et venerabilium Patrum H. London . R. Lincoln . W. Wigorn ' . J. Winton ' . S. Cicest ' . R. Covent ' . et Lich ' . W. Say ' . Episc. et W. electi Bathon ' . promisit bonâ fide et tactis sacrosanctis Evangeliis juravit quod cum omni studio et diligentiâ pacem praedictam procurabit , et nihil omninò faciat vel proponat verbo vel facto vel aliquo alio modo clàm vel palàm , quod possit esse contra pacem praedictam seu per quod pax ipsa impediri possit quoquomodo vel differri ubi praedicti Barones gravari , et quod sive pacem procurare possit , sive non quod omni occasione et dilatione postposita usque ad festum Nat ' . beatae Virginis prox . futur ' . tota die ipsa sibi data revertetur ad castrum Dovor ' . et ibi ponet se in manibus praedicti Henr ' . de Monteforti tanquam Obsidem eodem modo et sub eadem forma , sicut erat ante recessum suum , ità tamen quòd si pro negotii consummatione ultra terminum praedictum per duos aut tres dies ad pius moram ipsius longior necessaria fuerit pro tanti temporis morâ dummodo Baron ' . infra tempus praedictum super hoc premuniverit , & post biduum & triduum redierit nullatenùs occasionetur , Dominus verò de Nigol & Dominus P. le Chamberlens & Magister Henricus de Verdel ' Nuntii praedicti Domini Regis Franciae . Manu coeperunt , quod dictus Henricus de Almannia in regno Franciae quo minus termino predicto liberè reverti possit à quoque non detinebitur invitus ; voluit autem Henricus de Almannia & concessit expressè , quòd si praedictae non observaverit , vel contrà ea vel eorum aliquod quoquomodo venire praesumpserit , hoc ipso terras suas omnes tenementa & possessiones , quae in regno nostro habet vel habere poterit , jure hereditario vel quovis alio modo , totaliter perdat , & eisdem ipso facto perpetuò privatus existat , nullo jure Sibi aut Haeredibus suis in posterum competente : In eisdem ad haec praedicti Domini Episcopi & electus immo & Episcopus Bathon ' , pro praefato Henrico de Almannia manu coeperunt , quod infrà terminum praedictum revertetur , & in eodem statu se reponet , in quo erat tempore recessus sui nisi casu fortuitò & inevitabili fuerit praepeditus , & hoc promiserint sub poena viginti millium Marc ' argenti singuli insolidum commitend ' praefat ' Henrico de Monteforti Custodi ejusdem Henr ' de Almannia , & cum effectu ab eisdem Episcopis exigend ' , si infra praedictum tempus reversurus non fuerit & obsidem se reddiderit ut praedictum est . In cujus , &c. Teste Rege apud Cantuariam quarto die Septembris . And in their Marching to and fro with their King a prisoner , in a victorious , powerful , undisbanded and undisturbed Army , thought it would be convenient for their evil Purposes to attract , as much as they could , the good Will and Hopes of the Clergy , by an Embrio or Promise ( made amongst themselves the Sixth day of October in the Forty-eighth year of that over-power'd King's reign ) of some Act or Order of Parliament , when they should be at leisure to obtain it , in these words , viz. Purveu est s per comun assentement du Roi & des Prelaz des Contes , & des Barons de la tere ke les trespas ke fait sont contre seinte Eglise en Engleterre par acheson de trublement & de la guerre ke adeste en Reaume de Engleterre soient amendez en ceste forme . Soint esluz des Contes & des graunz gentz de la tere , par la volente & l'assentement des Prelaz trois Evesques ki des amendes resnables ke sont a foire pur les avantditz forfez ke ont este fait contre seinte Eglise , aient plein poeer de establir & de purver kanqe bone sera & renable chose ceusque escomenge seront trovez soient assous en forme de Droit par ceus qui Poeer averont . La Poeer des Prelaz soit affirmee en ceste manere , promis soit en bone fai des Contes e de la Justice & des autres lais qui sont du Counseil le Roi e autres graunz Barons du Reaume , ke totes les choses ke les Prelaz ke eleus seront purverunt renablement en nun des amendes garderont pur soi e metteront peine e bone fei de fere garder des autres & de ce ●ndoign●nt ●or lettres overtes Derechef as Prelaz , puis kil seront esluz , soit done pleine poeer du Roi e de la Communaute des Contes & des Barons & de graunz honmes de la tere , a purver les choses kee besoignables sont e profitables a plein Reformement dec Estat de seint Eglise al Honur deu a la Foi nostre Seinur le Roi e au profit du Reaume , & cco soit premis en bone soi par le Roi & par les Contes & les avantdiz Barons , & par les autres graunz hommes de la tere , si en facent lec ' lettres overtes , cest assaver des choses ke unt este faites pus la Pasch ' dereine dont un an ce est assaver le an nostre Seignor le Roi. Si nul soit trove , ke ne voile ester al ordenement e la purveiaunce des avandiz Prelaz en les choses avont dites , e selom les formes avant dites , sont destreint par sentence de seinte Eglise : E si mester est soient destreint per la Laie force , E que ceste chose se puisse meuz faire eit la justice cent ou plus Chevalers ou Seriaunz Soudeers eluz a destreindre les meffesours , quant il serra requis par les avanditz Prelaz Citens Soudeers de bens Communs de seinte hglise soient sustenuz taunt com il sont en cele besoine . E cest ordenement durge sovans a un an ou a deus Dekes les choses soient ben en pes , e les purveaunces de Prelaz & la pes de la tere bien meintenue . Purveu est , ke les bens des Benefites de seinte Eglise des aliens e des autres ke ont est contre la tere soient celui e sauvement garde par les mains des Prelaz deserves a taunt ke soit purveu par comun Conseil ke leu devera faire . E a fermete en tesmoinaunce de ceo le Roi & les hauz Homes de la tere ont mis lur seus a cest escrit , Teste Rege apud Cantuar ' Sexto die Octobris . The 30 th . day of that October t Anno. 49. of his sorrowful Raign which began October 19. Annoque Domini . 1216. they caused a Letter to be written in his name to the King of France for a safe Conduct for the King's Envoyes with the Messengers of the Barons to treat of a Peace with him , and the Pope's Legats , concerning the State of the Kingdom , as followeth , Egregio Principi Domino , & Consanguineo suo karissimo Domino Lud. Dei gratiâ Regi Franciae , Rex &c. Cùm nuper quosdam de fidelibus Nostris ad praesentiam vestram & ad venerabilem Patrem G. Sabin ' Episcopum Apostolicae sedis Legatum , nec non ad alios amicos nostros in partibus illis ad tractandum de Reformatione & Pace status Regni nostri destinavimus , quibus eundo illata fuerunt enormia Dampna , de quibus anxiati ( with some indiscernable grief ) fuistis ut intellexerimus , propter quod alii periculis huiusmodi se committere minus ausi sunt , Serenitatem vestram recipimus affectione quâ possumus ampliori , quatenùs Nuntiis nostris & Baronum nostrorum ad praesentiam vestram & ad Legatum supradictum , nec non ad alios amieos nostros partium illarum in brevi destinand ' pro nego●●is antedictis Salvum & Securum Conductum vestrum in eundo , ibidem morando , & inde recedendo , concedere velitis Literas vestras inde patentes per latorem praes●ntium Nobis si placet transmittentes , & ad ipsos tutiùs conducendos aliquos de fidelibus v stris usque Witsand . in Octabis instantis sancti Martini obviam nostro amore sibi mittatis . Teste Rege apud Westminster tricesimo die Octobris Anno Regni nostri quadragesimo nono . The 3 d. day of December , in the Year aforesaid , they being in want of Money to maintain and keep their Army together , u carry on their Designes and their Royal Prisoner , caused a Writ to be sent to the Bishop of Norwich for some Supply , Sub hac formâ . Rex Norwicensi Episcopo Salutem ; Cùm per Praelatos & Magnates Regni Nostri provisum esset unanimitèr & conc●ss●m , quòd Decimae proventuum omnium beneficiorum in Regno Nostro darentur ad communem utilitatem eiusdem Regni & Ecclesiae Anglicanae , & quòd huiusmodi Decimae per locorum Episcopos levarentur , & ad Nos mitterentur , & tunc vobis mandaverimus , quòd juxta Provisionem praedictam in vestra Diocesi de beneficiis Ecclesiasticis huiusmodi Decimas levari & ad Nos mitti faceretis indilatè convertendas in communem Utilitatem Regni Nostri & Ecclesiae praedictae , quod huc usque facere distulistis , de quo miramur quàm plurimum & movemur , vobis iteratò mandamus firmiter injungentes quatenus huiusmodi Decimas sine omni dilatione levari , & eas usque London modis omnibus transmitti faciatis liberand ' venerabilibus Patribus H. London , & W. Wygorne Episcopis , quibus injunximus , quòd eas recipiant & salvo custodiant , donec aliud inde preceperimus , ità quòd cas habeant in vigilia Epiphaniae Domini proxime futuri ad ultimum , & hoc sicut vos & honorem vestrum diligitis nullo modo omittatis , scituri , quòd nisi feceritis mandavimus Vicecomiti nostro Norff. & Suff. quòd usque ad septingentas Marcas ( A Mandate which the Bishops of London and Worcester would not have been content with , if the King had been at liberty , and had not been as then he was a Prisoner to their Rebellious Party ) in partem Solutionis praedictae de Bonis & catallis vestris in Comitatibus praedictis sine dilatione levari & ad Nos mitti faciat sine merâ per Rad ' de Camois , Egidium de Argen ' Londini & Wigorniae Episcopos . Teste Rege apud Oxon 3o. die Decembris . The 14 th . day of that December next following , having carried him in their victorious Army to Worcester , they caused a Writ to be made in his Name and under his Seal , directed to the Bishop of Durham , in these words , viz. w Henricus Dei gratiâ Rex Angliae & Dominus Hiberniae & Dux Aquitaniae venerabili in Christo Patri R. eadem gratiâ Episcopo Dunelmensi salutem ; Cùm post gravia turbationum & discriminum dudùm habita Regno , Charissimus filius Edwardus primogenitus noster , pro pace in Regno Nostro assecuranda & firmanda , Obses traditus exstitisset , & jam sedatâ ( benedictus sit Deus ) turbatione × praedictâ super deliberatione ejusdem salubritèr providendâ & plenâ securitate & tranquillitate pacis ad honorem Dei & utilitatem totius Regni Nostri firmandâ & totalitèr complendâ , ac super quibusdam aliis Regni Nostri negotiis , quae sine concilio vestro & aliorum Praelatorum & Magnatum nostrorum nolumus expediri cum iisdem Tractatum habere Nos oportet , vobis rogantes in fide & dilectione quibus Nobis tenemini , quòd omni excusatione postposita & negotiis aliis praetermissis sitis ad Nos London in Octabis sancti Hillarii proximi futuri Nobiscum & cum praedictis Praelatis & Magnatibus nostris quos ibidem vocari fecimus super praemissis tractaturi & concilium impensuri , & hoc sicut Nos & Honorem nostrum & vestrum , nec non & communem Regni Nostri Tranquillitatem diligitis nullatenùs omittatis . Teste Meipso 14. Decembr ' Anno Regni Nostri 49o. In formâ praedictâ subscribitur Episcopis , Abbatibus , Prioribus subscriptis , &c. In formâ praedictâ mandatum est Comitibus nostris & aliis subscriptis . Dat. apud Woodstock 24o. die Decembris praedicti , viz. Comiti Leicester , Comiti Glouc. Comiti Norff. & Marescallo Angliae , Comiti Oxon , Comiti Derby , Rogero de Sancto Johannis , Hugo de Spencer Justiciar ' Angliae , Nicholao de Segrave , Johanni de Vescy , Roberto Basset , G. de Lucie & Gilbert de Gaunt , which were notoriously known to be of their Party and like Inclinations , in number 25 or 23 , a Blank yet remaining upon the Record for the names of those more Loyal that were not of their Conspiracy , which were very many , the Writ it self to Simon Montfort Earl of Leicester and his Consorts in that ungodly Enterprise being not to be found at all entred . And of the same date sent out Writs , in the Kings Name and under his Seal , directed to all the Sheriffs of the Realm , wherein signifying the Kingdom to be then in peace and quiet , and the King's desire to establish the same to the honour of God and benefit to his People , to send to the Parliament , which was to be holden at London in the Octaves of Saint Hillary then next ensuing , two Knights Elected for each County , and of the Cityes and Boroughs two Citizens or Burgesses , to treat with the King , Praelates , and Barons , and give their Counsel . Which Writs of Summons ( in the framing whereof their VVits could not be at leisure to think of an Election of Burgesses or Procurators for the two Universities of Oxford and Cambridge , as if those Seminaries of Learning had been incapacitated and merited a procul ite prophani ) made in and by the Name of a captive King , whilst he was a Prisoner of War , not taken by Surprise or Ambuscado , but Fighting in a Battle against a mighty Army of Rebels , that should have been his Subjects , had it seems no other effect , than an Attempt to summon their contrived new-fashioned Parliament ; for that by a general Disturbance ( none of the many Boroughs in Cornwal being then likely to come , for that the Earl of Cornwal was on the King's Party and a Prisoner ) and Commotion of the Kingdom in their Minds and Estates , Discontents of the vanquisht Nobility , Absence and feared Insurrections of that and a great part of the Baronage and People that were not in the Battle on either side , and the Decov cunningly inserted in their Writs of Summons to a kind of Parliament of their own framing , that Pax Reformata fuit betwixt him and the Barons , Benedictus sit Deus , enticed many , that either Fear or Flattery perswaded to be on the Stronger and Prevailing Side , to make their Peace with them ; and either to Joyn with them , or stand aloof off , and enjoy as well as they could , their large Possessions and Estates , which in those times could draw many Tenants and Followers after them . And being Jealous of the Affections , Power , and Strength of John Balioll , and Peter de Brus , with certain other Lords of Scotland , Robert de Nevil , and some of the Northern English Barons , a Writ in the King's Name was also the 24 th day of that December , sent unto them to come to London , ( but without any certain Day , or mention that they were there to Treat cum Praelatis , Comitibus , or cum coeteris Magnatibus de arduis negotiis Regni , and not mixt with other Affairs , as the former or after Form of Summons to Parliament , or those great Councils , were accustomed to be ) with a more than ordinary safe Conduct for their Persons , and Security in the interim for their Lands and Estates in the form following , viz. Rex Johanni de Bailol y , Petro de Brus , Roberto de Nevil , Eustachio de Bailol , Steph. de Menill , Gilberto Haunsard , Rad ' filio Ranulphi Ad ' de Gensenr ' , Roberto de Stotevil de Atton ' & sociis suis partium borealium Salutem ; Cùm Karissimus filius Edwardus primogenitus noster pro Pace in Regno nostro assecurandâ Obses deputatus extitisset , & jam sedatâ ( benedictus Deus ) turbatione praedictâ super liberatione ejusdem salubritèr providendâ & plena securitate tranquillitatis & pacis ad honorem Dei & utilitatem totius Regni Nostri firmandâ finalitèr & complenda , per quod vobiscum volumus habere tractatum super praemissis & aliis negotiis Nostris arduissimis , & pluries vobis mandaverimus quòd ad Nos veniretis , Nobiscum super specialibus negotiis Nostris colloquium habituri , quod hucusque facere distulistis , de quo miramur & quàm plurimùm movemur ; vobis iteratò mandamus firmitèr injungentes , quòd omnibus negotiis praetermissis ad Nos London sine omni dilatione veniatis Nobiscum super praemissis locuturi , & hoc sicut Nos & Honorem Nostrum & vestrum diligitis , nullo modo omittatis ; & ut securius ad Nos venire possitis mittemus dilectum & fidelem nostrum Johannem de Burgo seniorem ad conducendum vos salvo & securè , sicut in Literis nostris patentibus quas idem Johannes super hoc habet plenius contin●tur ; mandavimus etiam dilectis & fidelibus nostris Johanni de Vescy , Henrico de Hastinges , Joh ' de Eynill , Adi de Novo Mercato & aliis fidelibus nostris cum eis in partibus illis existentibus , quòd à gravaminibus , molestiis , dampnis , seu injuriis vobis aut hominibus vest is si ad Nes veneritis inferendis penitùs desistant . In cujus , &c. Teste Rege apud Wodest ' vicesimo quarto die Decembris . And the 26 th day z of that December , Symon Montfort and his Confederates , wanting the Council and Assistance of the Bishop of Norwich ; and not knowing what to do either with the Old Lyon or the Young , directed a Writ unto him in the King's name in these words , viz. Rex Episcopo Norwicen ' , Cùm post gravia turbationum discrimina dudum habita in Regno nostro karissimus filius Edwardus Primògenitus Noster pro Pace in Regno Nostro assecuranda & firmanda Obses traditus extitisset , & jam sedatâ ( benedictus Deus ) turbatione praedictâ super deliberatione ejusdem salubritèr providenda & plena securitate tranquillitatis & pacis ad honorem Dei & utilitatem totius Regni Nostri firmanda & totalitèr complenda , ac super quibusdam aliis Regni Nostri negotiis quae sine consilio vestro & aliorum fidelium & Magnatum nostrorum nolumus expediri cum eisdem tractatum habere Nos oporteat , vobis mandamus rogantes in fide & dilectione quibus Nobis tenemint , quòd omni occasione postpositâ & negotiis aliis praetermissis sitis ad nos London in Octabis Sancti Hillarii proximè futuris , Nobiscum & cum praedictis fidelibus & Magnatibus nostris quos ib●dem vocari fecimus super praemissis tractaturi & concilium vestrum impensuri , & hoc sicut nos & honorem nostrum & vestrum nec non ad communem Regni Nostri tranquillitatem diligitis nullatenùs omittatis . Teste Rege apud Wod ' vicesimo sexto die Decembris . And believing it to a conduce much unto their naughty purposes to have the Cinque-Ports , who were by their Tenures obliged to furnish out yearly a certain number of Ships for the safeguard of the Kingdom and Seas appertaining thereunto , to be so much at their Devotion and Command , as to hinder any Ayd which might come from any of the King's subjects and dominions in France , for the Rescue of the King and Prince out of their Imprisonment and Captivity , from which they never intended to Release them , until they had Despoiled him of all , or the greatest part of his Regalities : The Writ following was the 20 th day of the then next following Month of January , directed unto the Barons and Bailiffs of the Cinque-Ports to do that which they never did before , as followeth , &c. Rex Baronibus & Ballivis portus sui de Sandwico salutem . Cum Praelati & Nobiles Regni Nostri tàm pro negotio Liberationis Edwardi Primogeniti Nostri quàm prò aliis Communitatem Regni Nostri tangentibus ad instans Parliamentum nostrum quod erit London in Octabis Sancti Hillarii convocari fecimus , ubi vestrâ sicut & aliorum fidelium nostrorum praesentiâ plurimùm indigemus , vobis mandamus in side & dilectione quibus Nobis tenemini firmitèr injungentes , quòd omnibus aliis praetermissis mittatis ad Nos ibidem quatuor de legalioribus & discretioribus Portus vestri , & quòd sint ibidem in Octabis praedictis Nobiscum & cum Praelatis & Magnatibus Regni Nostri tractaturi & super praemissis concilium impensuri , & hoc sicut honorem nostrum & vestrum & communem utilitatem Regni Nostri diligitis nullatenùs omittatis : Teste Rege apud Westm ' Vicesimo die Januarii . Similiter mandatum est singulis Portubus ; being within the very Octavies of St. Hillary . The First day of February , in the year and time of the King's Imprisonment as aforesaid , some discords and disturbances continuing in the University of Cambridge amongst the Students and Schollars , which was begun three years before ; and some Endeavours used to remove that University , or constitute and set up another at Northampton ; a Writ was as followeth , sent in the Name of the King , to the Mayor and Citizens of Northampton to prohibit it , viz. Rex Majori & b Civibus suis Northampton ' salutem ; Cùm occasione cujusdam magnae Contentionis in villa Cantabr ' triennio jam elapso subortae nonnulli Clericorum tunc ibidem studentium unanimiter ab ipsâ villa recessissent se usque ad villam vestrum praedictani Northamp ' transferentes & ibidem studiis inherendo novam construere Universitatem cupientes , Nos illo tempore credentes Villam illam ex hoc posse meliorari , & Nobis utilitatem non modicam inde provenire votis dictorum Clericorum ad eorum requisitionem annuebamus in hac parte , nunc autem ex relatu multorum fide dignorum veracitèr intellexerimus , quòd ex hujusmodi Universitate si permaneret ibidem municipium nostrum Oxoniae quod ab antiquo creatum est & à Progenitoribus Nostris Regibus Angliae confirmatum , ac ad commoditatem Studentium communitèr approbatum c non mediocritèr lederetur quod nulla ratione vellemus ( the rather probably , for that Symon Montfort and his Partners had but a little before tasted of the seduced Friendship of that University , when many of its Students , under a Banner of their own , came to the Seige of Northampton , and Fought stoutly for them against their King ) maximè cum universis Episcopis terrae nostrae ad honorem Dei & utilitatem Ecclesiae Anglicanae & proficui Studentium videatur expedire , quòd Universitas amoveatur à Villa praedicta , sicut per Literas suas patentes accepimus , vobis de consilio Magnatum nostrorum firmitèr inhlbemus , nè in villâ vestrâ de coetero aliquam Universitatem esse nec aliquos Studentes ibidem manere permittatis alitèr quàm antè Creationem dictae Universitatis fieri consuevit . Teste Rege apud Westm ' primo die Febr ' . The 8 th day of that February , Urianus de Sancto Petro , and others of the County of Chester , submitting themselves ad pacem of the King , ( as they were willing to have that Rebellion called ) they did in the King's Name give order for a Restitution of his Lands , and a Protection for the future in these Words , viz. Rex Rogero de Lovetot d salutem ; Cùm Urianus de Sancto Petro , sicut & alii de Comitatu Cestriae ad Pacem Nostram venerit , per quod de consilio Magnatum nostrorum , qui sunt de Consilio Nostro , ipsum & omnes terras & tenementa sua in protectionem & defensionem Nostram suscepimus , & jam de Consilio Nostro praedicto sit provisum , quòd omnes terrae & tenementa ipsius Uriani occasione turbationis in Regno Nostro uuper habitae per quoscunque occupata sibi restituantur , ac vos terras & tenementa praedicti Uriani in Comitatu Hunted ' . occupaveritis & ea detineatis occupata occasione turbationis praedictae ut accepimus , vobis de Consilio nostro praedicto mandamus in fide & homagio quibus Nobis tenemini firmitèr injungentes , quòd omnes terras & tenementa praedicta per vos & vestros sic occupata sine dilatione restituatis eidem , & hoc nullatenùs omittatis . Teste Rege apud Westmonasterium 8 o die Februarii . The Fifteenth day of the same Month and Year reciting , That the King had caused two of the discreetest Knights of every County of England , to be at his Parliament ( as the Barons that kept him Prisoner were desirous to Style it ) ad tractandum with the King and his Council , de liberatione Edwardi filii Nostri , &c. And being informed , that two Knights for the County of York had tarried long , ( not much above three weeks ) been at great Expences , and paid great Loans and Taxes towards the defence of the Kingdom , and Maritime parts against the Invasion of Alien Enemies ( the men that they so called , being only the King's French subjects ) they did in the King's Name command , That the said two Knights of that County , de consilio , by the Advice and Ayd of four Knights of the said County , should Leavy the said Knights expences in their coming to that so called Parliament , tarrying and return , which was either but a few dayes before ended , if it did either sit or do any thing at all in such a time of publick and general Distraction , with a proviso , and under a condition , that the Commonalty should not be Ultrà modum oppressed thereby , in words ensuing . Rex Vicecomiti e Eborum salutem . Cùm nuper vocari secerimus duos de discretioribus Militibus singulorum Comitatuum nostrorum Angliae quòd essent ad Nos in Parliamento nostro apud London , in Octabis Sancti Hillarii proximò praeteritis ad tractandum Nobiscum & cùm Consilio Nostro super deliberatione Edwardi filii nostri karissimi & securitate inde faciendâ , nec non & aliis arduis Regni Nostri negotiis ac iidem Milites moram diuturniorem quàm credebant traxerint ibidem , propter quod non modicas fecerint expensas , cùmque Communitates dictorum Comitatuum varias hoc anno fecerint praestationes ad defensionem Regni Nostri & maximè partium maritimarum contrà hostilem adventum Alienigenarum , per quod aliquantulum se minimum sentiunt gravatas , tibi praecipimus , quod duobus Militibus qui pro Communitate dicti Comitatûs praefato Parliamento interfuerunt de consilio quatuor legalium Militum ejusdem Comitatus rationabiles expensas suas in veniendo ad dictum Parliamentum ibidem morando & inde ad partes suas redeundo provideri , & eas de eadem communitate levari facias : Provisò quòd ipsa Communitas occasione praestationis istius ultrà modum non gravetur . T. R. apud Westm ' 15 o die Februarii . Which may warrant a Belief , that either no other came , or that new-invented kind of Parliament did not at all Sit , there being upon diligent search of all the Records of that greatlytroubled Year , none other to be found of that nature . Wherein , though no care was taken of other Countyes , or of any the very many Burgesses of that County , or of any other County intended to have been sent to that newly and first-of-all devised kind , or manner of an English great Council or Parliament , it appears to have been the first and only Writ for Parliament-men or Members of the House of Commons in Parliament , that had or did bear any Resemblance with that allowance of Wages to any Members of Parliament in the House of Commons ( howsoever much different ) after a long interval of Time , used for Wages allowed for Parliament-Members of the House of Commons , King Henry the Third having never after his Release from that Imprisonment allowed any . The 16 th day of the same Month of February , in the Year aforesaid Gilbert de Clare Earl of Gloucester and Hertford , absenting himself from the Army upon some Discontent in a Dislike of the said Earl of Leicester's actions and courses , a Writ was sent unto him in the King's Name as followeth . Rex Gilberto s de Clare Comiti Gloucestr ' & Hertford ' salutem . Cùm hac instante die Jovis in Crastino Cinerum super liberatione Edwardi Primogeniti Nostri finalem habere velimus tractatum , vobis mandamus in fide homag . & dilectione quibus Nobis tenemini firmitèr injungentes , Quòd omnibus aliis praetermissis sitis ad Nos die Jovis praedictâ Nobiscum super hoc tractaturi & consilium vestrum impensuri , ne retardatio liberationis ipsius vobis per moram & absentiam vestram ad diem illum meritò possit vel debeat imputari , quòd nullatenùs velle deberetis , & hoc sicut Nos & Honorem nostrum & vestrum ac tranquillitatem Regni Nostri noc non praedicti filii Nostri Liberationem diligitis , nullo modo omittatis . Teste Rege apud Westmonasterium decimo sexto die Februarii . The 25 th . day g of that February a Memorandum was entred in the form following , viz. Die Mercurii . prox . post festum S ●i Petri ad Cathedram recepit Dominus . Rex sigillum suum à Magistro Johanne de Chishull Archidiacono London , & illud commisit Thomae de Cantilup sicut continetur in Rotulo patentium hujus anni . Teste Rege apud Westm ' 25. die Februarii . The 3 d of March next following Roger de Mortuomari for a small time pretending to submit ad pacem Domini Regis , as they that had disturbed it would have it to be believed , had Writs to the Subjects of Herefordshire and Shropshire not to molest him , or his Tenants , viz. Rex Vicecom ' Heref. h salutem , Cùm Rogerus de Mortuomari nuper ad pacem nostram venerit , & propter hoc hominibus suis in guerra in Regno Nostro super mota secum existentibus gratiam sacere velimus , tibi praecipimus quòd omnes homines praedictos quos pro eo quòd in guerrâ praedictâ cum ipso fuerunt capi vel attachiari fecisti sine dilatione deliberari fac : Nec ipsos de caetero ob causam praedictam occasionari fae , nisi ipsos pro aliquo delicto ante Guerram vel post Guerram praedictam seu pacem Nostram proclamatam ab eisdem commisso ccperis vel attachiari feceris , pro quo secundum consuetudinem Regni Nostri deliberari non debeant . Teste Rege apud Westm ' tertio die Martii . Eodem modo mandatum est Vicecomiti Salop. pro hominibus ejusdem Rogeri . Per Regem & consilium . Robert de Ferrers Earl of Darbie , a man of great Power and Revenue , not keeping pace with their designes , but falling roughly upon some of his Tenants that adhered unto them , Ada de Tybetot complaining , had by the King concilio Baronum the Mannor of Thorpe in Leicestershire restored unto her , for that it was never the Intention of the Barons , as they said , that any Women , especially Widows , not being guilty , should suffer in that Warr , by a Writ sent unto Nicholas de Hastings who held the Lands of the said Earl of Darby upon seizure and sequestration , sub hac forma of the date aforesaid , viz. Rex Nicho. de Hastings Custodi terrarum Roberti de Farrar Com. Derb. salutem . Monstravit nobis Ada de Tibetot gravitèr conquerendo , quòd praefat ' Com. occasione Turbationis habitae in regno Nostro Manerium praedictae Adae de Thorp . cum suis pertinentiis in Com. Leic. occupavit & sibi detinuit ad ejus grave dampnum & jacturam manifestam ; quod quidem Manerium unà cum aliis terris praefat ' Com. nunc est in manu Nostra , ut dicitur , quia verò Nostrae nunquam extitit intentionis aut Baronum nostrorum , quòd aliquae Mulieres , & praecipuè Viduae , dampnum aliquod vel jacturam incurrere deberent occasione Turbationis praedictae , nisi illae quae turbationis illius Participes extiterint , vobis de Concilio Baronum praedictorum mandamus , quòd inquisita super hoc plenius veritate si praefatam Viduam de Manerio suo praedicto per eundem Com. ejectam inveneritis , ut praedictum est , & si ipsa de praedicta turbatione in nullo culpabilis extiterit , tunc eidem Viduae de eodem Manerio cum suis pertinentiis Sesinam suam rehabere fac . Teste Rege apud Westm ' 3. die Martii per Iustic . P. de Monteforti , R. de S ti Johanne , & Adam de Novo Mercato . The 5 th . day of that March the like Writ was sent to the said Nicholas Hastings , to restore the Princess Elianor Wise to the Prince the Mannor of Ashford in the Peake , which being assigned to her , the said Earl had entred upon , for that it was never the King 's and the Barons intentions , that Women not guilty should suffer by these Wars in which they had not offended , in the form following . Rex Nicho ' de i Hastings Custodi suo terrarum Roberti de Ferrar Comitis Derb. Salutem . Cùm Edwardus filius noster karissimus dudum ante turbationem habitam in Regno Nostro Manerium suum de Arkeford in Pecco cum pertinentiis Elianor ' Consorti suae ad cameram suam assignaverit , quod quidem manerium praefatus Comes occasione turbationis praedictae nuper occupavit , ac Nostrae nunquam extitit Intentionis vel Baronum nostrorum , quòd Mulieres quae participes non extiterint praedictae turbationis dampnum vel jacturam aliquam debeant incurrere ; cùmque praedicta Elianora in nullo culpabilis sit de turbatione praedicta , vobis de Consilio praedictorum Baronum mandamus , quòd eidem Elianorae de Manerio praedicto quod unà cum praedictis terris praefati Comitis nunc est in manu Nostra , ut dicitur , Seisinam suam rehabere fac . Teste Rege apud Westmonasterium quinto die Martii . Per Consilium . The 16 th day of that March Mandates were sent by the King to Roger de Shurland , Guncelin de Badylmer , Simon de Crey , & quibusdam aliis , to come to him upon Palm-Sunday , wheresoever he should then be in England , viz. Mandatum est Rogero de Shirland , in fide & dilectione quibus Regi tenetur firmitèr injungendo , quòd modis omnibus sine omni dilatione veniat ad Regem , it à quòd sit ad R. die Lunae prox . ante instantem diem dominicam Palmar ' ad ultimum ubicunque tunc Rex fuerit in Anglia cum Rege locutur ' , & hoc nullo modo omitt . Teste Rege apud Westmon ' 16. Martii . Eodem modo mandatum est Gunselmo de Badilmer , Simoni de Crey , & quibusdam aliis . Roger de Mortuo Mari and other Lords of the Marches of Wales , being by the King at his being at Worcester de Consilio Baronum qui sunt de consilio Regis , ordered to go into Ireland at Christmas next following , according to the Instructions given by the King , and his Barons , which time was afterwards Prorogued until Mid-Lent , and from thence until Eight dayes after Easter , the King commanded them all business laid aside to be at Chester , ready to go thither as the Writt ensueing required , viz. Rex Regero de Mortuomari Salutem . k Cum nobis nuper existen ' apud Wigorn ' de Concilio Baronum qui sunt de Concilio Nostro prefixerimus vobis & aliis Commarchionibus vestris vicesimum diem post Festum natale Domini Annoque &c. 49. ad transfretand ' in Hibernia in forma per Nos & Barones Nostros & vos provisa ibidem & ob certas causas terminum illum postmodum prorogaverimus de gratia nostra speciali usque ad mediam quadragesimam proximo sequentem & similiter terminum dictae mediae quadragesim ' prorogavimus usque ad Octabis Paschae prox ' futur ' , ità tamen quòd tunc parati sitis proficisci ad partes Hiberniae informa supradicta , Nos hijs quae honorem & commodum vestrum contingunt prospicere cupientes in hâc parte vobis mandamus firmitèr in jungentes , quòd omnibus negotiis praetermissis modis omnibus sitis apud Cestr ' in Octabis praedictis parati proficisci ad partes Hiberniae in forma supradicta , & hoc sicut honorem vestrum diligitis nullo modo omittatis . Teste R. apud Westm ' 190. die Martii . Per totum Concilium . John the eldest Son of the Duke of Britain , having Married the Kings Daughter , and sent his Ambassadours unto him upon some Propositions made unto the King , an Answer was returned thereunto , That as the King intended to shew unto him all Affection and Favour , that could be expected from him , in which Resolution terrae suae Magnates were willing to be consenting , so as he would manifest himself Faithful in its defence cum Magnatibus praedictis , which will require his presence which was much desired with a safe Conduct , or otherwise that he would send his Procurators , sufficiently instructed to that end , as the Writ declared . Rex . l J. Primogenito Duci Britan ' salutem . Auditis & pleniùs intellectis hijs quae Nuntij vestri nuper cum Literis vestris de Credentia ad praesentiam Nostram destinati ex parte vestra proponere voluerunt coram Nobis supere isdem cum Magnatibus terrae Nostrae deliberatum concilium & tractatum habuimus diligentem , porrò in hoc Nostra resedit deliberatio , ut Nos qui promissa Nostra seu conventiones vobiscum habitas irritas facere non intendimus , non solum in hiis quae juris vestri sunt vestra cum affectu exaudiamus desideria , sed & ultra cùm facultas se optulerit etiam de proprio gratiam vobis facere debeatis specialem ad quae per filiae Nostrae copulam affinitas dudum inter Nos contracta , nec non & vestra merita Probitatis specialitèr Nos inducunt in quo etiam affectionis Nostrae proposito praedictos terrae Nostrae Magnates Nobiscum consentientes invenimus & concordes ; dum tamen Regni Nostri fidelem vos exhibere & ad ejusdem defensionem cum Magnatibus Nostris praedictis manum virilitèr extendere volueritis adjutricem , sicut praedicti Nuntii vestri vobis plenius referre poterunt unâ voce quod negotium consummandum simul & roborandum , vestram prout citius hoc commode facere poteritis , desideramus praesentiam , Nostras de securo Conductu vobis Literas transmittentes , quòd si quo minus personalitèr hoc facere possitis , quod nollemus casu aliquo fueritis impediti tales & tàm sufficientèr instructos loco vestro Procuratores transmittatis , qui in omnibus quae negotium requirit , eandem quam si ibi praesentes essetis à vobis habeant potestatem . T. R. apud Westm ' 27 die Martii . Per Regem & totum Concilium . Idem J. habet Literas de Conductu prout patet in rotulo Patentium sub eadem Data . Henry de Boreham ( a Judge ) being Excommunicated by the Bishop of London , the King by the Writ following commanded him not to intermeddle in any business , untill he should be absolved . Rex Henrico de Boreham Salutem . m Quia Nobis esset verecundum et vobis minimè tutum , si alicui ministerio quod ad regiam Dignitatem vel Regimen regni Nostri pertineat immisceritis ad praesens , cum ad denuntiationem venerabilis Patris H. London Episc. intellexerimus , quòd meritis vestris exigentibus sententia , Excommunicationis estis innoditi , vòbis mandamus , quòd ad prudentiùs quod poteritis vos ab hujusmodi ministeriis substrahatis , donec beneficium Absolutions obtinueritis . T. R. apud Gloucest . 20 Die Aprilis . Per Justic. et al' de Consilio apud Gloucest . The Castle of Bamburgh , with other Castles , being as Pledges for Prince Edwards true Imprisonment , put into the custody of Gilbert de Clare Earl of Gloucester and Hertford and Robert de Neville , and the said Earl having promised to deliver up the said Castle , and to cause the said Robert de Neville to appear in the Kings Court , and answer his not doing it , and the Earl being afterwards commanded to deliver up the said Castle , returned answer , That he could not do it , for that he was in Wales , defending his own Lands and Estate , against his Enemies ; the King notwithstanding commanded him to come unto him , and render the Castle , or give order to some that might do it , as the Writ bearing date the 6 th day of April , in the year aforesaid , directed . Rex dilecto & fideli suo Gilberto de Clare Comiti Gloucest . & Hertford Salutem , n Cùm vos & Robertus de Nevill eui Castrum Nostrum de Bamburgh dudum commissimus , quod Edwardo primogenito Nostro unà cum quibusdam aliis Castris Nostris jam commisimus tradenda in Ostagium , tàm pro ipso quàm pro Pace in regno nostro tenenda , prout in forma inter Nos & Praefatum Filium nostrum & Barones praedictos provisa & concessa pleniùs continetur , in praesentiâ Nostrâ & Magnatum nostrorum qui sunt de Consilio Nostro bona fide super omnia quae in Regno Nostro tenetis permiseritis reddere nobis castrum praedictum , & habere praefatum Robertum coram Nobis ad standum recto in Curiâ Nostrâ sicut vos ipsi plenius nostis , per quod vobis nuper mandavimus , quod omnibus negotiis praetermissis aliquem de vestris plenam potestatem habentem reddendi Nobis Castrum praedictum ad Nos indilatè mitteretis , & jam Nobis rescripseritis , quod hoc facere nequivistis propter Moram vestram in partibus Walliae ad defensionem terrarum vestrar ' , contra Wallen ' inimicos vestros Nos excusationem illam minus sufficientem reputantes , maximè cum aliquem de vestris qui ad arma non intendit ad Nos misisse potuissetis , qui nomine vestro & praesati Roberti plenam haberet potestatem reddendi Nobis Castrum praedictum , vobis iteratò mandamus , in fide & dilectione quibus Nobis tenemini firmitèr injungentes , quòd vos ipsi in propria persona vestra ad Nos sine omni dilatione accedatis , Castrum praedictum nobis reddituri , vel talem loco vestro mittatis plenam habeat potestatem reddendi Nobis Castrum praedictum in forma supradicta , & hoc sub poena praedicta mullatenùs omittatis . Teste Rege apud Westm ' 60 die Aprilis , per Com. Leic. Justic. P. de Monteforti , R. de S ti Johanne , & alios de Consilio . The first day of May in the Year aforesaid , the said Henry de Borham not abstaining from the Office and business of a Judge , whilst he continued under the sentence of Excommunication aforesaid , the King commanded him not to intermeddle therein , until he should be absolved , as the Writ following signified . Rex Henrico de Borham salutem . o Quia per Assertionem venerabilis Patris H. London Episc. intelleximus , quòd meritis vestris exigentibus Excommunicationis sententia estis innodati , per qued ab omnibus arctius vitari debetis , nolumus quòd Placitis Nos sequentibus aut aliis quibuscunque placitis Nostris intendatis , nec quod de aliquo quod ad Justic. pertinet vos intromittatis , donec beneficium Absolutionis merueritis , & aliud à Nobis receperitis in mandatis . Teste Rege apud Gloucester primo die Maii. per R. Com. Leic. Justic. & omnes de Consilio tunc aqud Gloucester existentes . The 5 th day of that May a Memorandum was entred upon the close Rolls of the Chancery in these words , viz. Die Jovis prox . post festum S ti Johannis ante portam Latinam hora prima Magister Thomas de Cantilup Cancellarius Regis tradiderit Rand ' de Sandwic . custod ' de Garder . Regis sigillum Domini Regis in praesentia ipsius Domini Regis assistentibus Hug. Le Despencer Justic. Angliae & Petro de Monteforti custodiend ' usque ad reditum ipsius Thomae sub hac formâ , viz. Quod idem Rad ' sigill . in Garder ' Regis custodiat sub signo alicujus infrascript ' P. de Monteforti , Rogero de S to Johanne & Egidii de Argentin vel alicujus eorum . Et quòd Signo signantis fracto signabit idem Rand ' brevia illa quae sunt de cursu in ipsius praesentia , si abesse voluerit , ea tamen quae sunt de praecepto non nisi in praesentia Signantis sigillabit , & de ejus assensu & brevibus tàm de cursu quàm de praecepto sigillum Regis sub sigillo suo & eodem sigillo Regis subsignato idem Rand ' tunc reportet in Garder ' praedict . & sic illud usque ad reditum ejusdem Thomae custodiet in Garder ' Regis , & ista facta fuerit apud Gloucester 5 o die Maii. The Prince having the Command of the Judaisme or Bank of the usuring Jewes , as also the Mannor , Town , and Castle of Stamford assigned unto him , and being about the 30 th day of May in the Year aforesaid escaped out of the Castle of Hereford , where he had been long a Prisoner , the King continuing a Prisoner to his Rebel-Barons , to save his own life did command the Treasurer and Chamberlaines of the Exchequer , that taking with them Thomas Cantelup his Chancellour , they should collect for his use the Tallage ( or Tax ) lately laid upon the Judaisme , and to remove Adam de Winton and Thomas de Cropp two of their Justices , and put into that Office William Haselbeck and command the said Justice not to obey the Prince his Son , and prohibit all the Jewes in England to do the like , for that the Prince his Son , Spreto concilio of the King and his faithful Barons , subitò & inopinatò had joyned himself to the Rebellious Party to disturb the Peace of the Kingdom . Rex Thesau . & Camerariis p suis salutem . Quia Edwardus Filius Noster cum Judaismum vestrum sicut nostis ad tempus commisimus , Nostro prorsus & Magnatum & fidelium Nostrorum spreto Consilio Subito & ex inopinato jam recessit ad quosdam Rebelles Nostros se transferendo , qui Nos gravare & pacem Regni Nostri perturbare proponunt , dictum Judaismum cepimus in manum Nostram , & ideò vobis mandamus , quòd assumpto vobiscum Magistro Thom ' de Cantilupo Cancellario Nostro , si adhuc London existit , Talliagium nuper assessum super Judaismum praedict : per Thomam de Ippegrave ad hoc assignatum per praedictum Filium Nostrum videri & illud ad opus Nostrum colligi & salvo custodiri fac . donec aliud inde praecipimus , Adam vero de Winton socium Roberti de Cropp ' ab Officio suo amoveatis , & loco suo Will ' de Haselbech substituatis , ità quod iidem Will ' . & Robertus Officio Justiciariae Jud ' à modo intendant donec alitèr inde duxerimus ordinandi & eisdem Justic. firmitèr injungatis ex parte Nostra , nè praefato Filio Nostro vel suis in aliquo intendant , & quod ab omnibus Judaeis Angl. hoc idem scire faciant , & hoc non omittatis . Teste Rege apud Herefordiam tricesimo die Maii. And the same day , having been enforced to stile his Loyal Barons Rebels , sent his Writs to the Sheriffs of Herefordshire , Shropshire , and Staffordshire to proclaim , that no Faires and Markets should be kept within their Liberties , and Baylewicks , untill he should give further Order , and that all Victuals to be sold should be brought to Hereford , or wheresoever the King should be , in these words . Rex Vicecom ' Hereford salutem . q Praecipimus tibi firmitèr injungentes , quòd per totam Ballivam tuam firmitèr inhibere fac . ex parte Nostra , nè aliquae Feriae vel Mercata de caetero teneantur in Balliva praedicta , donec aliud inde mandavimus , sed ubiquè proclamari fae . ex parte Nostra , quòd omnia Victualia venalia ad Nos usque Hereford veniant , & exindè Nos sequantur . & talitèr te habeas in hoc mandato Nostro exequendo , quòd diligentiam tuam meritò commendare possimus . T. ut supra . Eodem modo mandatum est Vic. Salop. & Staff. And directed another Writ for the seizing of the Town and Castle of Stamford which was the Princess's as followeth , viz. Rex Thomae de Blund Custodi terrarum Thomae de Ferrar ' salutem , r Quia Edwardus filius Noster cui villam de Stamford unà cum Castro ejusdem villae nuper comm●s●●us 〈◊〉 ●d 〈◊〉 〈◊〉 Nostrum , sicut nostis , Nostro prorsus & M 〈…〉 〈◊〉 〈◊〉 Nostror ' spreto consilio Subito & inopinato jam 〈◊〉 〈◊〉 〈◊〉 Rebelles Nostros se transferendo , qui Nos gravare & 〈◊〉 〈◊〉 Nostri perturbare propo 〈…〉 , v●bis Mandamus 〈◊〉 〈◊〉 , quòd Villam praedictam sine dilatione capiatis in ma 〈…〉 〈◊〉 〈◊〉 & cam salvo custodiatis , ità quòd de exitibus inde prove 〈…〉 No●is respondeatis . Teste , ut supra . The King being inforced to make s in his name ( 〈◊〉 and Clam ' as it were ) an Hue and Cry against his own ●on upon his fortunate Escape , sent the same day notice unt● John de Eynill , a Judge and a man much adhering to the Barons and trusted by them , of the Prince's Escape from his Imprisonment at Hereford , and believing that he would apply himself to John de Warren , William de Valence and others disaffected in Pembrokeshire and the Marches of Wales ( as in the Language of some in those Rebellious times they were then phrased ) and thence to go beyond the Seas unless prevented , commanded him in fide & homagio , and under the Forfeiture of all that he had , that cum equis & armis , & toto posse suo sub omni festinatione , he should come to Him at Worcester to march against his Enemies . Et eodem modo commanded all that held of him in Capite , as well Earls , Barons , Knights , as Bishops , Abbots , and Priors , those only excepted which were of the Earl of Gloucester's Party , in manner following , viz. Rex Johanni de Eynill salutem . Cùm Nos & quidam Magnates & Fideles Nostri in partibus Hereford t circá tranquilli●atem & pacem Partium illarum jampridèm agentes pro viribus laboravimus , prout status part●on earundem requirit , sperantes Edwardum filium Nostrum ad hoc Adductorem praecipuum & serventiorem prae caeteris invenisse , Idem Edwardus die Jovis in Ebdomade Pentecostes circà horam vespertinam à militum Comitiva quos secum adspaciandos extra Hereford duxerat , cum duobus Militibus & quatuor Scutiferis propositi sui consciis Spreto concilio Nostro & Magnatum & fidelium Nostrorum praedictorum Subito & ex inopinato recessit , volens nt pro certo credimus se ad Johannem de Warrennia & Willielmum de Valencia & Complices suos qui nuper absque conscientiâ Nostrâ & voluntate , & contra pacem Nostram applicuerunt in partibus Pembrochiae , ac etiam ad quosdam Marchiones Rebelles Nostros & pacis Nostrae Perturbatores transferre , ut exinde partes ad●at transmarinas vel alios illue mittat , qui adventum Alienigenarum in regnum Nostrum per partes Pembrochiae , cùm alibi non pateat eis aditus , ad Nostram & Regni Nostri confusionem procurent ; & quia praefati Rebelles Nostri , licet adhuc pauci existant , per hoc potestatem & vires suas augere possent , nisi ●orum insolentia antèquam ulterius invaleseat citiùs reprimatur , Nos de vestrâ & aliorum fidelium Nostrorum fidelitate & constantia specialitèr confidentes , vobis Manda●us in fide , homagio , & dilectione quibus Nobis estis astricti , & sub periculo amissionis omnia quae in Regno Nostro tenetis , ac sub debito Sacramenti quo omnes & singuli de Regno Nostro sunt ad hoc specialiter obligati , & quod volumus & firmitèr observari injungentes , quatenùs statim visis Literis istis ●mnibus aliis praetermissis , cum equis & armis & toto servitio vestro Nobis debito , nec non & toto posse vestro sub omni festinatione de die & nocte usque Wygorniam veniatis , parati exinde in manu forti ire Nobiscum super inimicos Nostros praedictos , & hoc sicut Exhaeredationem Nostram & vestram & perpetuam Regni Nostri Confusionem vitare volueritis , & vitam propriam diligitis , nullo modo omittatis , nec de summonitione exercitûs brevitatem temporis allegetis , quia urgentissima necessitas tempus non patitur ulterius prorogari , nè inter moras per adventum Alienigenarum quos iidem Rebelles Nostri expectant , eorundem vires in Nostri & Regni Nostri perniciem augeri contingat , qui adhuc dum pacisci existunt de facili Nobis poterunt subjugari . Teste Rege apud Hereford tricesimo die Maii. Eodem modo scribitur omnibus Tenentibus de Rege in Capite tàm videlicet Episcopis , Abbatibus , Prioribus , quàm Comitibus , Baronibus , Militibus , & omnibus aliis , exceptis illis qui sunt pro parte Comitis Gloucestriae . Robert de Ferrers Earl of Darby , having threatned to burn and spoyl the Lands and Estate of the Abby of Bildwas , and made the Abbot to pay him a Fine of 100 Marks for the Redemption thereof , a W●it was sent to Thomas le Blund , who had in Sequestration the Lands of the said Earl of Derby , that he should out of the Issues and Profits thereof pay unto the said Abbot and Covent the aforesaid 100 Marks in these words , viz. Rex Thomae le Blund Custodi terrarum Roberti de Ferrar ' Comitis Derby salutem . u Cùm tempore turbationis nuper habitae in Regno Nostro praefatus Comes minatus fuerit Abbati & Conventui de Bildewas de incendio domorum & depraedatione bonorum suorum , per quod idem Abbas & Conventus metu ducti finem fecerunt per centum Marcas cum Comite predicto , quas eidem solverunt , ut accepimus ; Nos corum paupertati pio compatientes affectu , & eis gratiam facere volentes in hac parte vobis mandamus , quod de exitibus terrarum & tenementorum praedictorum eisdem Abbati & Conventui centum Marcas habere facias , in recompensationem centum Marcarum praedictarum , & hoc nullatenùs omittatis , T. R. apud Hereford 1● dic Junii . The same first day of June , the King being carried along with the Rebel-Army Captive to Hereford , and having commanded all that held of him in Capite to attend him there cum equis & armis , issued out his Writ or Proclamation to Gilbert de Preston , and the rest of the Justices of the Court of his Bench , to Surcease all Pleas and Proceedings , to the end that none be damnifyed in any Actions at the present depending before them , Super Brevia , and that all things may remain as they were before , untill the King should give further Order , as the Writ or Proclamation imported . Rex Gilberto de Preston ' w & sociis suis Justiciariis suis de Banco salutem , t Quia pro arduis & urgentissimis Nostris & Regni Nostri negotiis jam vocari fecimus omnes qui de Nobis tenent in Capite , quòd cum equis & armis , cum servitio suo Nobis debito , nec non & toto posse suo quod perquirere poterunt ad Nos omnibus aliis praetermissis in partibus ubi nunc agimus festinantèr accedant , factu●i quod eisdem duxerimus injungendum , propter quod ipsi persecutioni vel defensioni Loquelarum suarum quae sunt coram vobis per Brevia Nostra ad praesens intendere non possunt , Volumus quòd omnia Placita de Banco remaneant in eodem statu in quo nunc sunt , donec aliud inde praecepimus ; & ideò vobis Mandamus quòd hoc publicè proclamari faciatis . Teste Rege apud Hereford 1 o die Junii per ipsum Regem , Justiciarium , & alios de Consilio . Teste Rege apud Heref. 1 o die Junii . The fourth day of that June in the year aforesaid , a Writ or Commission was in the imprisoned Kings Name sent unto the Mayor , Bayliffs , and Citizens of Bristol , mentioning , That the Prince his Son , contemning the Councell of him and his Barons , had joyned with his Rebels ( for so they would style his more faithful Subjects ) and endeavoured to go beyond Seas to bring in Forreigners , and to make out Warrants and Precepts in the Name of the King , pretending it to be well pleasing unto him , quod absit , ( say that distressed Kings Commanders and Tutors against his will ) and make him break his Oath and Peace made for the good of the Kingdom , and to withdraw his Subjects from their Obedience , commanded them to Obey his well beloved and faithful Simon de Montfort Earl of Leicester and John la War ' Subconstable of the Castle of Bristol , or their Substitutes , cum equis & armis & toto posse suo , as they tendred his Good and their own Estates , and in no manner of way to yield any Obedience to the Prince his Son contrary to his command ; and for that he had been given to understand , that some ill-minded People have falsely suggested , that he hath not been made privy to what hath been done in his Name required them to send 10. or 12. of their di●●r●●t●st and most honest Citizens to him to be better informed of his Will and Pleasure therein , and that in the mean time strongly guarding the said Town and Castle , they do not suffer his said Son or any on his behalf to enter therein , as the Writ hereunto Subjoyned dated at Hereford will declare , viz. Rex delectis & sidelibus suis , Maiori , Ballivis & probis Hominibus x suis Bristoll . salutem . Cùm Edwardus filius Noster Nostro & Magnatum Nostrorum spreto Consilio se ad quosdam Marchiones ac etiam alios inimicos & Rebelles Nostros trans●●derit , ut sic partes adeat transmarinas , vel alios illuc mittat qui Alienigenas in Regnum Nostrum ad Nostram & ejusdem Regni Confusionem introducant , nisi ipsius temeraria Praesumptio citius reprimatur ; ac idem Edwardus nomine Nostro diversa facit Mandata fingendo ●a Nobis complacere , quod absit quòd hujusmodi Mandata contra Sacramentum Nostrum & suum , & pacem in Regno Nostro co 〈…〉 iter ●uratam existant , ut sic corda vestra & aliorum fidelium Nostrorum à fidelitate Nobis debitâ avertant , Nos de vestrae fidelitatis constantià quam ergà Nos ●actenùs inde●essè gessistis plenam gerentes fiduciam vobis Mandamus in fide & dilectione quibus tenemini rogantes & firmiter injungentes , quatenus dilecto & fideli Nostro Simoni de Monteforti Comiti Leycestriae & Johanni la War ' Subconstabulario suo Castr● praedicti vel Ballivis suis ibidem tam equis & armis & toto posse vestro in omnibus quae ad custodiam Castri praedicti pertinent auxiliantes sitis & consulentes , ità quòd fidelitatem etiam commendare debeamus , & hoc sicut honorem Nostrum & vos & corpora vestra & omnia quae tenetis in regno Nostro diligitis nullo modo omittatis , Mandatis praesati Filii Nostri in nullo obtemperantes contra mandatum Nostrum praedictum ; & quia intelleximus quòd aemuli quidam Nostri vobis falsa suggerunt , quòd hujusmodi mandata Nostra â Nostrà conscientiâ non emanant placeret Nobis , quòd decem vel duodecim de probioribus & discretioribus hominibus Villae Vestrae ad Nos accederent Voluntatem Nostram super hoc pleniùs audituri , nihilominùs etiam circa custodiam Villae vestrae praedictae tàm virlit●r & stre●●è vos habeatis prout alias vobis mandatum , quòd nec praesatus Filius Noster nec aliqui ex parte sua Villam praedictam ingrediantur , seu aliquatenùs in Villâ praedict ' receptenter , T. R. apud Hereford quarto die Junii . The King being at Hereford the 12 th day of that June in the year aforesaid , complaining that his Son adhered ( as Symon Montfort and his Partners constrained him to say ) to his Rebells , and did publish themselves to be zealously willing to keep the Peace and Agreement which had been made by the Consent of him and the whole Commonalty of the Kingdom , ( which if not comprehended in the Nobility , which certainly they believed , was then a great Untruth neither possible or probable ) and in regard that the Bishop of London was a Witness to the said Agreement , and best acquainted with his actions therein , which might manifest who hath been most desirous of a Peace , commanded him and all the rest of the Prelates without delay to come to advise with him at Glouc. The like Writ being sent unto the Bishops of Winchester , Ely , Chester , Salisbury , Coventry , and Lichfield , Bath and Wells with this addition , viz. And because under a colour of Truth they did all that they could to draw unto them the hearts of the People , and that by the Testimony of the King himself , and of them and the rest of the Praelates , although the truth will appear , that it was not the King but those Rebells ( for so in dread of his own and of his Son's Murder and Death he was necessitated to call them ) that caused those Troubles and Discords , concerning which they were to make all hast , as the Writs themselves Sub hâc formâ did import . Rex Episcopo London salutem . Quot & quantos labores Nos & vos & alii Praelati ac etiam Magnates Nostri pro pace Regni firmanda , & liberatione Edwardi filii Nostri sustinuerimus , benè nostis , per cujus siquidem liberationem tumultuosis credamus pacem dedisse negotiis quae jam majori strepitu recidivant , idem enim Edwardus Nostro & fidelium Nostrorum spreto consilio , sicut vobis & Praelatis praedictis jampridèm significavimus , quibus Rebellibus Nostris jam adhaeret qui se Regii Honoris nec non Tranquilitatis & Pacis totius Regni praecipuos dicunt esse Zelatores , & Ordinationes nuper London ( which have been yet invisible ) de Nostro , & dicti filii Nostri ac totius Communitatis Regni Nostri Assensu unanimi confectas concorditèr & approbatas in omnibus ut asserunt observare volentes , 〈◊〉 Voce praedicant , & aliud Opere manifestant ; & quia de Nostro Proposito & Voluntate , & etiam de Actibus ipsorum circà praemissa vobis qui Ordinationum praedictarum conscii estis & testes esse debetis , ac etiam praecipui Pacis Amatores veritatem patere volumus , evidentèr vobis Mandamus sub debito Fidelitatis quibus Nobis estis astricti firmitèr injungentes , quatenùs omni dilatione & excusatione postpositis ad Nos sub omni festinatione usque Gloucestriam accedatis , super praemissis ( which shews that supposed Parliament had no long continuance ) Consilium vestrum impensuri ; & hoc sicut honorem Nostrum & vestrum diligitis & indempnitati totius Regni prospicere volueritis nullo modo omittatis , Nos enim hoc idem caeteris Praelatis duxerimus injungendum . T. R. apud Heref. 12. die Junii . Eodem modo mandatum est Episcopis Lincoln , Winton , Cestr ' , Elyen ' , Sarum , Coventry & Litchfield , Bathon ' , & Wellen ' cum adjectione subscripta , & quia tantam eorundem Malitiam sub fictae veritatis colore per diversas partes praedicari faciunt , ad com●●ovenda corda populorum vestrum s 〈…〉 o cordis affectu peroptamus adventum , ut nostro , vestro , & aliorum Praelatorum medianti Testimonio veritas praevalere possit , & evidenter pateat non Nos sed praefatos Rebelles nostros subortis jam dissentionibus clàm praefecisse ; ut igitur ad honorem Dei nostram & vestram & communem Regni Utilitatem vestro mediante Consilio quo uti intendimus , possint ipsa negotia procedere , gressus vestros in quantum poteritis versus Nos maturetis , nè per moras dictas dissentiones augeri contingat , ut sic exitium consequantur duriorem . But whilst that great Rebell Montfort , Brother-in-law to his King and one of the God-Fathers to the Prince his Son , taking himself to be too great to be a Subject , and not being able to contain himself within the limits of Gratitude and Allegiance , or to resist the Intreagues of the King of France , a long before dangerous and profest Enemy to his KING and Soveraign , and altogether unwilling to lose the Opportunity of a Factious and discontented part of the English Baronage , driving his Charriot , furiously like Jehu , though not with so good an Authority , impowered as he thought , to make every one come behind him , and believing himself to be in so firme a league with his Fortune and Security , and assisted by Lewelline Prince of Wales , who had confederated with him to raise a Disturbance upon the Lands and Estates of Mortimer , Clifford , the Earl of Gloucester , and other Barons Marchers , so as they might not be in a condition to Aid or Relieve the King ; and he needed not dread any danger of losing the Prey which he had gained , but might make what use he would of his haughty and domineering Spirit , give Laws to his Assisting Partners , and not be obliged to keep his Agreement with Gilbert de Clare Earl of Gloucester and Hertford , about the Dividend of the spoil or share of the Regal Power , became Taxed for doing more for his own Particular than the Publick Good , usurping the Redemption of Prisoners at his pleasure , and to prolong the business did not to use the means of a Parliament to end it ; his Sons also , and Peter de Montfort his Kinsman ( presuming upon his Success and Greatness ) growing Insolent , which made the Earl of Gloucester to desert him and his Party ; and the more Loyal Barons not well pleased to have their King led about Captive ; and those who had so deeply engaged with Montfort , x for the Provisions extorted from the King at Oxford , could not well digest so great an Affront put upon him and themselves , and to have the King and Kingdom y governed at the Discretion of Twenty-four Conservators , after reduced to a much lesser number , into which every one could not be admitted , calmely considering the great Confusions , Envies and Ambitions , which would happen by so ( like to be so ) dangerous and unquiet an Innovation , were content and propounded , That those Ordinances or Provisions should be made void , and the King restored to his former Rights and Condition ; but Peter de Montfort a Principal Rebel as well as a near Kinsman of Symon de Montfort's with four others opposed it , and was made Governour of Hereford not long before the Prince's escape from his Imprisonment there . Which was principally contrived by the means of Roger de Mortimer , who seeing His Soveraign in so great a distress , and nothing but Ruine and Misery attending himself and all other the King 's Loyal Subjects , could take no rest until he had by his Intelligence and Correspondency held with Gilbert de Clare Earl of Gloucester , William de Valence Earl of Pembroke , newly returned into England , the Lord Clifford , and other the Loyal Barons z Marchers , wrought some way for the Deliverance of the Prince , in order to that of the King. Which was in this manner effected ; A swift Horse was sent , as a Present to the Prince then Prisoner in the Castle of Hereford , whither the Army had afterwards brought the King in no better a condition , with intimation that he should obtain leave to ride out for a Tryal , or for Recreation , into a place called Widmersh , and that upon sight of a Person mounted upon a White Horse at the foot of Culington Hill , and waving his Bonnet ( which was , as it was said , the Lord of Croft , an a Ancestor of the now Bishop of Hereford of that Sir-name and Ancient Family ) he should hast towards him with all possible speed ; which being so accordingly done , as he ( though all the Country thereabouts were thither called to prevent his Escape ) setting spurs to that Horse out-rid them all , and being come to the Park of Culington was met by Roger de Mortimer with five hundred armed men , who turning upon the many Pursuers , chased them back with a great slaughter to the Gates of Hereford ; b but by Henry Knighton and others it is related , that Roger de Mortimer having sent the Prince a swift Horse for that purpose , which he obtaining leave of Peter de Montfort to try , if he were of use for the great Saddle , first wearied out other Horses , and then got on the swift Horse ( a Boy with two Swords whom the said Roger de Mortimer had sent being near with another Horse ) and turning himself to Robert de Ross then his Keeper , and to others By-Standers said , I have been in your Custody for a time , but now I bid you farewel , and so rode away ; the said Roger de Mortimer with his banner displayed receiving him at a little Hill called Dinmore conveyed him safe to his Castle at Wigmore . Which did put Montfort and his Fellow-Rebels into such a Consternation and Care of themselves and the Custody of their Royal Prisoner , as besides their many Cautions to watch his motions , and stop the Princes passage into the parts beyond the Seas , a Writ was sent to the Sheriff of Herefordshire in the King's Name , commanding the most of the Gentry of that County ( amongst whom Hugo de Croft c was mentioned ) to come Cum equis & armis & toto posse suo ad desensionem villae de Hereford , and to the King wheresoever he should be , under the pain of Forfeiture of all that they had , and for ever to be disherited . SECT . VIII . Of the Actions of the Prince after his Escape , his Success at the Battle of Evesham , Release of the King his Father and Restoring him to his Rights . PRince Edward being thus at liberty , did by the help of Mortimer , d Clare Earl of Gloucester , the Earl Warren , William de Valence Earl of Pembroke , the Lord Clifford , and other the Lords Marchers , soon raise a powerful Army , multitudes of the Counties of Hereford , Worcester , Salop and Chester coming to his aid , took the Castle and City of Worcester , had the Castle of Monmouth delivered unto him , which he demolished ; surprized the Town of Kenilworth in Warwickshire , whither young Simon de Montfort had brought up many of the Northern Barons of that Party to the number of 20 Banners , took no less than Thirteen of the chief of them , young Simon and others escaping into the Castle . In the mean time the said Symon Earl of Leicester , carrying the King along with him as his Prisoner , upon Lammas day being the first day of August , receiving intelligence that the Prince was at Worcester , and not knowing that Kenilworth was taken , marched towards Evesham about break of the day , on purpose to meet with those Barons , which his Son had brought out of the North , of which the Prince being advertised , advanced speedily after him , and got betwixt him and Kenilworth , Mortimer and the Earl of Gloucester so disposing the Forces which they commanded , as that he was almost invironed . Seeing himself therefore in that streight , he forthwith drew out his men , and prepared for Battell , it being then the Nones of August , and ascending the Hill discovered Prince Edward and his Army on the top thereof , which was divided into three parts ; the first led by Himself , the second by the Earl of Gloucester , the third by Mortimer , the business being so ordered , that no other Colours appeared then the Banner of young Symon and the rest taken at Kenilworth , which caused the Earl to suppose , that many of them had been of his own Party , but upon further View he understood the contrary , for the Prince afterwards took down those Colours , and instead of them erected his own and the Earl of Gloucesters Banners on the one side , and Mortimers towards the West , which unexpected sight caused such a Discouragement in the Army of the Barons , as that the Welsh betook themselves to flight , and the rest being over-powerd were totally routed , so that few escaped the Slaughter : Of those who were Slain and not taken Prisoners , were as to the Principal Persons Symon de Monfort Earl of Leicester himself ( whose Head , Hands , and Feet being cut off , were sent to the Lady Mortimer then at Wigmore Castle ) Henry de Montfort his Eldest Son , Hugh le Dispencer then Justice of England , Ralph Basset of Drayton , Thomas de Astely , Peter de Montfort , William de Mandeville , John de Beauchamp of Bedford , Guy de Baliol , and divers other persons of Quality , with a multitude of the common Sort : Of those that were wounded and taken Prisoners , the Chief were , Guy de Montfort a younger Son of the said Symon de Montfort , John Fitz-John , Humphry de Bohun the younger , John de Vescy , Peter de Monfort Junior , and Nicholas de Segrave ; And it was said that when the Earl of Leicester discerned the Form of the Princes Battalia , he swore by the Arm of St. James ( his usual Oath ) they have done discreetly , but this they have learned of me , let us therefore commend our Souls to God , because our Bodies are theirs ; f and encouraging his men told them , they were to Fight for the Law of the Land , yea the Cause of God and Justice , and advising Hugh le Despencer , Ralph Basset , and some others to flie , and reserve themselves for better times , they refused so to do , but rather chose to die with him . Who although he was an Arch-Rebell , and in that a Pest or Plague unto the Nation , yet the deluded People could not think f it enough to honour and follow him in his Life time , but would in the Fame of his supposed Miracles have worshipped him for a Saint after his Death , if the King had not prohibited them . SECT . IX . Of the Proceedings of King Henry the Third after his Release and Restauration until his Death . THE long imprisoned and sadly misused King thus happily released out of his Thraldome , but yet with the Loss of some of his Own , as well as too much of his Subjects Blood , by a Wound casually received in the battle , was now rid of his Jaylor , whom he feared and hated , as he said himself more than any man living , and he that before was forced to write and speak as Montfort and the rebellious Barons would dictate unto him , obey their Orders as soon as they were proposed , declare his Son and Loyal Subjects Rebels , and the Rebels his most faithful Councel , could like a Bird out of the Snare of the Fowler , when he was at liberty , and had escaped their Tyranny , give them their proper Names and Titles , call their whole business a Rebellion , and made them glad to receive their Pardons , under the Character of his Enemies , g as in the Pardons of John Fitz-John , Basset , and others , and with the Victorious Prince , the Redeemer of him and the Kingdom , went to Winchester , where a Parliament being convoked , all who adhered to Simon de Montfort , were disinherited , and their Estates conferred upon others at the King's pleasure , the Liberties of London forfeited and taken from them ; in which year that valiant Prince his Son , as h Mat. Paris hath recorded it , fought a single Combat with Adam de Go●rdon the Out-law near Farneham , where finding him in the Woods , and personally engaging with him , the fight continued so long , and with such Animosity and Courage on both sides , as they as well as the Spectators marvailing at each others extraordinary unwearied Valour , the sturdy Out-law was at last content , upon the Prince's offer to procure his Pardon , to throw down his Arms , and was restored to Favour and his former Estate . And the King notwithstanding the Success at the Battle of Evesham , and his Advantages gained thereby , continuing his Endeavours to free his Kingdom from the Danger , Damage , and Disturbance of any further Rebellion , having gathered together a formidable Army , treated upon Hostages given with young Simon de Montfort , for a Peace to be granted unto him as to his own particular , and for the delivering up of the Castle of Kenilworth , wherein he had despitefully behaved himself by cutting off the hand of one of his Courriers whom he had intercepted , and sending it unto him in a ridiculous jee●ing manner , not only from himself , but some of his Complices that were forfeited and disherited . But they that were in the Castle denying to surrender it , either to the King or Symon , in regard that they were intrusted by the Countess of Leicester , who was beyond the Seas , and without her Order they would not do it . In the mean time , whilst the King besieged Killingworth Castle , which held out half a year , a great Party of those that were disherited growing desperate , retired to the Isle of Ely , which they did begin to fortifie , and from thence making Incursions into the adjacent parts did great Mischief . Which to repress , ●aith i Mathew Paris , citantur Communium Communes ad ●os vallandos & eorum egressum impediendum , which in great numbers they endeavoured to doe , but were over-reached by the Military Arts and Stratagems of the Montfortian Party , the King having the Castle of Kenilworth surrendred unto him . Symon and Guy de Montfort Sons to the Earl of Leicester , with the disinherited Barons who escaped from the Battel of Evesham , defending the Isle of Ely , the King and the Prince going with an Army against them streightly besieged them , and tendred them afterwards gentle Conditions , wherein the King 's Privy Councel were divided , for that Mortimer k having the whole Earldom , Honor , and great Estate of the Earl of Oxford , after the battle of Evesham granted unto him , and many others who had great Quantities of the disherited Parties Lands given unto them , were unwilling to forgo what the King had for their Valour and Fidelity bestowed upon them , and therefore would hold what they had ; but Gloucester and the Twelve Ordained to deal for the Peace of the State , and other their Friends , which were many , stood stifly for a Restoration . Which raised new Displeasures , so as Gloucester retired from the Court , and sent a Messenger to require the King to remove Strangers l from his Court , and observe the Provisions made at Oxford , according to his last Promise made at Evesham , otherwise he should not marvel , if himself did what he thought fit ; whereupon in the one and fiftieth year of his Raigne at S t. Edmunds-Bury was a Parliament summoned , unto which were cited Comites & Barones , Archiepiscopi , Episcopi & Abbates m and all who held by Knights Service were to appear with Horse and Armour for the vanquishing of those disherited Persons , who contrary to the Peace of the Kingdom held the Isle of Ely. John de Warren Earl of Surrey and William de Valentia were sent to the Earl of Gloucester ( who had leavied an Army upon the Borders of Wales ) to come in a fair manner to that Parliament , which he refused to do , but gave it under his hand , that he would never bear Arms against the King , or his Son Edward , but to defend himself and pursue Roger Mortimer and other his Enemies , for which he pretended to have taken Armes . The first Demand in that Parliament which was made by the King n and the Legat , was , That the Clergy should grant a Tenth for three Years to come , and for the Years past , so much as they gave the Barons for defending the Coasts against the Invasion of Strangers : Whereto they answred , That the War was begun by unjust Desires , which yet continued , and it was more necessary to treat of the Peace of the Kingdom , to make use of the Parliament for the benefit thereof , and not to extort Moneys , considering the Land had been so much destroy'd by the War , as it would never be recovered . When it was required , That the Clergy might be taxed by Laymen according to the just Value : They answer , It was neither Reason nor Justice that they should intermeddle in collecting the 10 th , which they would never consent unto , but would have the Antient Taxation to stand . It was desired , That they would give the 10 th of their Baronies and Lay-fees according to their utmost values : They answered , That they were impoverished in attending the King in his Expeditions , and their Lands lay untilled by reason of the Wars . It was moved , That in liev of a 10 th they should give among them 30000 Marks to discharge the King's Debts , contracted concerning the Kingdom of Sicily : They answered , They would give nothing , in regard that all those Taxations and Extortions formerly made by the King , were never converted to his own Use , or the Benefit of the Kingdom . Demand being made , That all the Clergy-men which held Baronies or other Lay-fees , should personally serve in the Wars : They answer , They were not to sight with the Material Sword , but the Spiritual , and that their Baronies were given of mere Almes . Being required to discharge the 9000● which the Bishops of Rochester , Bath , and the Abbot of Westminster stood bound to the Pope's Merchants , for the King's Service at their being at the Court of Rome : They answered , That they never consented to pay such Loan , and therefore were not bound to discharge it . Then the Legate from the Pope required , That without delay Praedication should be made throughout the Kingdom , to incite men to take the Cross for the Recovery of the Holy Land : Whereunto Answer was made , That the greatest part of the People were already consumed by the Sword , and that if they should undertake that Action , there would be none left to defend the Kingdom , and the Legate seemed to desire to extirpate the Nation and introduce Strangers . Lastly , when it was urged , That the Praelates were bound to yield to all the Kings Demands by their Oath at Coventry , where they did Swear to aid him by all means possible they could : They answered , that when they took that Oath , they understood no other Aids than Spiritual and wholsome Councell . So nothing but Denyals being obteyned in that Parliament , the Legat imployed some to Sollicite the disherited Lords , that held the Isle of Ely , to leave off their Robberies , and return to the Peace of the King , the Faith and Unity of the Church , according to the Form provided by the Dictum de Kenilworth , made by a Commission of the King ( no Dict or Act of Parliament ) to 12 of the Peers , for the Redemption of their Inheritances , given away by the King for Five say some , other Seven , years Profits . They who had no Lands were to give their Oaths , and to find Sureties for their Peaceable Behaviour , and make such Satisfaction and undergo such Penances , as the Church should appoint ; they who were Tenants should lose their right to their Farmes , o saving the right of their Lords ; they who did instigate any to Fight against the King , should forfeit the Profit of their Lands for two years ; and if any Person should refuse those Conditions , they should be de Exhereditatis , and have no power of recovering their Estates ; in which Composition or Dictum , some Persons , and particularly Symon de Montfort himself and his Heirs , were excluded . To which they answered , That they hold the Faith received from their Catholick Fathers , and their Obedience to the Roman Church , as the Head of all Christianity , but not to the Avarice and wilful Exactions of those who ought to Govern the same . And that their Praedecessors and Ancestors , whose Heirs they were , having Conquered the Land by the Sword , they held themselves to be unjustly r disherited , and that it was against the Popes Mandate they should be so dealt withal : That they had formerly taken their Oaths , to defend the Kingdom and Holy Church ( all the Prelates thundring the Sentence of Excommunication against such as withstood the same ) and according to that Oath they were prepared to spend their Lives ; and seeing they Warred for the benefit of the Kingdom and Holy Church , they were to sustain their Lives by the Goods of those that detained their Lands , which the Legat ought to cause to be restored to them . Besides , they declared to the Legat , That they had irreverently ejected out of the Kingdom the Bishops of Winchester , London and Chester , whereby the Councell of the Kingdom was in great part weakned ; willed that they might be restored to their Lands , without Redemption ; that the Provisions of Oxford might be observed , and that they might have Hostages delivered unto them into the Island , to hold the same peaceably for five years to come , until they might perceive how the King would perform his Promises . But this Stubbornness so exasperated the King , as the next year following , with a mighty Army he did so beset the Isle , as he shut them up , and Prince Edward with Bridges made on boats entred the same in diverse places , and constrained them to yeild . And in the 52d . year of s his Raign devastavit , saith Matthew Paris , per totum Regnum de Comitatu in Comitatum , qui stabilem contravenientibus intentarent , ut videlicet , si quid Possessiones alienas , sive Ovium , vel Boum , vel aliquid usurparet injustè , subiret Sententiam capitalem . In the mean time the Earl of Gloucester with his Army marched to London , where by the Citizens he was received ; But the Legat residing in the Tower so prevailed with him , as he rendred himself to the King , and was shortly after reconciled by the Mediation of the King of the Romans , and the Lord Philip Basset , upon the forfeiture of 12000 Marks if he should ever raise any Commotion . Which being effected , the King went with an Army into Wales against Lewellin their r Prince , for ayding Simon Montfort and the Earl of Gloucester against him ; but his Wrath being for 32000 l. Sterling appeased , a Peace was concluded betwixt them , and four Cantreds which had been taken from him by right of Warr restored . Whereby those bloody , long , and ruining Controversies betwixt that unfortunate Prince King Henry the Third , and a great ill disposed part of his Subjects , led and managed by some of his overgrown Nobility , and haereditary great Officers of his Crown and Estate , ( which had in and from his Infant age to Fifty-Seven vexed and disquieted him and his Government ) were drawing towards an end . And whilst ●e laboured to repress those Disorders which the Warrs had produced , issued out his Writs to all the Sheriffs s and Justices Itinerants , to leavy 400● with all speed out of the extract Rolls of Fines and Americaments , to be paid into the Exchequer for the expences of William de Beverlaco Prince Edwards Chaplain , sent to Rome about his Affairs . And in the same year beholding with tears the Ruines of the burnt and deformed t Church of Norwich , after the Bishops Excommunication of all that had consented unto it : And Trivet the Judg punishing the Offenders , he fined the City in 3000 Marks of Silver , towards the repairing of that Church , and a Cup of Gold of the value of one hundred pounds . In the 54 th year of his Raign , Parliamentum tenuit apud Marleburgh in quo de Assensu Comitum & Baronum ( no mention at all being made of the Commonalty , as well high as low , in the Record , but is justly to be charged as a fault or mistake upon Mr. Pulton's Translation of our Statutes into English ) edita sunt statuta . The Legat Ottobon signed with the Croysado both the King's Sons Edward and Edmond , the Earl of Gloucester and divers other Noble men undertaking a War for the Recovery of the Holy Land , Prince Edward in that long and Perillous Journey carrying with him his beloved Consort Elianor then young with Child , and Mortgaging Gascony to the King of France for 30000 Marks , who was also personally engaged in the same Expedition , and left his aged Father the King , broken with the cares and toyles of War , and Imprisonment , who after his Son Prince Edward's departure , being in the Fifty-fifth year of his Raign , having borrowed Moneys of his Brother Richard King of Almaine , to help to set forward his Son Edward , and falling desperately sick and past all hopes of Recovery , assigned unto his said Brother all the Revenues of the Crown , except Wardships ; u Marriages , Releifes , Escheats of the Counties , Eyres of the Justices , and the Juries , which he retained in his own hands to his own use . A Nostre soustenance ( as the words of the Record are ) & de Nostre Reyne e de Nos mesnees e a Nos de Nos dettes aleger . And shortly after being doubtful of his Recovery from that sickness , whilst Prince Edward his Son and Heir to the Crown was engaged in that so called Holy War , Wrote his Letter of Advice unto him speedily to return into England upon his Fatherly Blessing , notwithstanding his Vow and Engagement in that affair , in such manner as might be most for his Honour in these words , viz. Rex Edwardo Primogenito suo karissimo salutem & paternam Benedictionem ; Tenore Literarum vestrarum Nobis super vestro Comitivae Vestrae statu prospero & jocundo , benedictus Deus , transmissarum audito pleniùs & intellecto laeti efficiebomur w & hilares in immensum , & ettam ante receptionem ipsarum Literarum tanta & tam gravi infirmitate detinebamur , x quòd onmes & singult existentes Physici & alii de vita Nostra comm●●iter desperabant , nec tempore quo later praesentium à Nobis recessit de Nostra Convaltscentia spes aliqua habebatur , verùm tamen prout Altissimo de statu Nostro placuerit ordinare vos indè per Nostros Nuntios reddemus frequentiùs certiores , undè cùm vos in Haereditatem ( not by Election ) Regni Nostri tanquam Primogenitus & Haeres Noster post Nos succedere debeatis , vos post receptionem praesentium ad partes remotiores nullatenùs transferatis , antè qùam de statu Nostro certitudinem habueritis pleniorem , tùm quia si Papa crearetur & mandaret charissimo fratri nostro Regi Alem illustri Avunculo vestro , cui custodia Regni praedicti de concilio vestro commissa fuit , oporteat ipsum pro statu sui Regni Alem ' ad Curiam Romanam modis omnibus personaliter accedere , ità quòd ad depressionem quorundam male volorum infra Regnum Nostrum existentium sicut nostis intendere non posset , ut expediret , tàm quia si occasione mortis Nostrae ( quod absit ) vos oporteat ad propria remeare causa Regiminis Regni praedicti recipiendi cum Rege Franciae , qui ad partes Franciae in brevi reversurus est ( ut dicitur ) honestè redire poteritis & decentèr , super quibus omnibus tale concilum habeatis , quale vobis & honori Vestro ac ipsi Regno , & paci , & tranquillitati ejusdem Magis videritis expedire ; & hoc sub obtentu paternae Benedictionis nullatenùs omittatis , & ut vobis de voluntate Nostra constet in praemissis consulimus bonâ fide , quòd ad propria redeatis sine morâ , quià vestris & Regni praedicti Negotiis ad votum ordinatis & dispositis poteritis cum praefato Rege Franciae redire versus Terram Sanctam in subsidium ejusdem prout Màgis noveritis convenire ; Teste Rege apud Westm ' 6 o die Februarii . And tired with the many Troubles , with which the Rebellious and unquiet Spirits of too many of his Subjects had from his Infancy never ceased to torment him , exchanged his earthly Habitation for a better before his Son could hear of his Death , or return to take possession of his Kingdom and Inheritance . And although he against his Will left behind him the first Original or Draught of a Constitution or Design of an House or Convocation , now called an House of Commons in Parliament , which can claim no better an Extraction then it's Birth and first Procreation from a Force and Duress of Imprisonment , put by a Rebellious Army upon their vanquished Soveraign , whilst he was in dread of the life of Himself and his Son , and his Brother and his Son , for more than a year and a quarter , and led about , and made to say , and do , and yeild unto every thing , which they would have him . That afflicted Prince did not after the battle of Evesham , during all the Time of his Raign , which continued about Eight years after , make use of that kind of Writs of Summons , or of that Form for the Election of Knights , Citizens and Burgesses to let in the Tide of the Vulgar with their Ignorance , upon his highest and greatest Councel . And those new-contrived Writs of Summons could not in all probability obtain a quiet Sitting , or accommodate the pretended Ends and Purposes of the Framers thereof , neither be intended to erect a third Estate , nor agree with the constrained Conservatorships , or other their Designs , otherwise than to maintain those Rebellious Barons in the Powers that they had usurped . SECT . X. That those new contrived Writs of Summons , made by undue Means upon such a disturbed Occasion , could neither obtain a proper or quiet Sitting in Parliament , or the pretended Ends and Purposes of the Framers thereof , and that such an hasty and indigested Constitution could never be intended to erect a third Estate in the Kingdom , equal in power with the KING and his great Councel the House of Peers , or consistent with the pretended Conservatorships , or to be co-ordinate with the KING and his great Councel of Peers , or to be a curb to any of them , or themselves , or upon any other design , then to procure some Money to wade through that their dangerous Success . IN regard that very many of the Counties , and a great part of England , as most of the Northern , much of Wales , and the Marches thereof under the Influence and Power of Valence Earl of Pembroke , Mortimer , Clare Earl of Gloucester , Clifford , Le Strange , and other Welsh Lords Marchers , and of John Balioll , and other of the Northern Barons joyned to the Power and Influence of Gilbert de Clare Earl of Gloucester after his forsaking of Montfort , neither could or were like to come unto that so packed Parliament ; for Richard Earl of Cornewall had very many Borough Towns in that County ; Wales and its thirteen Shires , and the largely priviledged Earldom of Chester sent no Knights or Burgesses to sit in the House of Commons in Parliament , either then , or before , or since , until by an Act of Parliament made in the later end of the Raign of King Henry the Eighth , they were Authorised to be Elected for that Purpose ; Warren Earl of Surrey , and Sussex was not in those Counties destitute of many , Ferrers Earl of Darby falling off from Montfort could not but in the large extent of his Estate drew away very many of their well-Wishers , Followers , Friends , Allies , Tenants , or Dependants , and such as held of them by Knights Service , and in Soccage or Burgage , and many Knights , Citizens , and Burgesses to be so elected ( except those in London and Westminster , if any did then appear to have been chosen ) as not dareing to come to that kind of New Parliament without a Convoy ; Although the Power of the Earl of Oxford one of their Associates in the County of Essex was then very great , whilst they were almost daily and hourly haunted and tormented in their minds and Estates with Jealousies , Fears and Dangers , and the often sad and dolorous tidings of Devastations , Slaughters , Plunders and Sequestrations ; that misused King himself not being able to have any of his Servants or Subjects that he had , sent for to come unto him , without a Convoy to defend them from Spoil and Pillage . And the exactest Search , that hath been or can be made , cannot find any formal or certain Sitting of a Parliament , any Writs or Indentures returned , any Session , Act or thing done in that so newly framed Parliament , when the minds of the Rebels themselves were so tormented and distracted with Fears and Cares to preserve themselves and their Royal Booty , as they could neither be safe in keeping of him , or restoring him to his Liberty ; for that the abused Lyon , patient for a while against his Will , once let loose might remember past Injuries , and tear them in Peices ; and no Act or Memorial can be seen of any more , than the Petition of two of the Knights Elected for the County of York , and their Allowance of Wages , where the Rebellious Party seemed to be most powerful , ( no Burgesses of the many Towns and Boroughs in that large County at all , it seems , then Appearing or Petitioning ) by a Tax or Levy made upon that County , which created the first President or Custom of giving Wages unto Knights of the Shires ( no other Knights of the Shires or Burgesses of Townes , if there were or had been any Elected , then demanding the like Allowance ) and that which was allowed the said Yorkshire Knights was , partly for Expences supposed in their helping to guard the maritime parts to keep out Strangers , or the Kings own Subjects in his several Provinces of France , from coming from the parts beyond the Seas to assist him , no Journal or Record of any Petitions made , or Grievances exhibited , Conferences , Debates , Decisions , Acts , Orders or Ordinances , and that one that was made was only to engage and cozen as many as they could of the Bishops and Clergy into their own Design . And therein none of the Commons , or men of that Election , do seem at all to trouble their Heads , or be named as Actors or Consenters therein ; for it is expresly said to be provided , Per Commun assentement du Roy & des Prelaz des Contes & des Barons de la tere , & a fermete en tesmoinaunce le Roy & les hauz Hommes de la tere ont mis leur Seus ; neither doth there appear to to have been any Prorogation or Adiournment thereof . And there was like to have been no small want of Money , when Symon de Montfort and his Partners , especially after the Earl of Gloucester's Sullennes and Departure from them , to maintain and keep together so instable a People , and so great a number for the guard of their Royal Prisoners and their own evil Doings , marching and maintaining their Army from place to place , Ungarrisoning and Garrisoning divers of the King's Castles and Places of strength , together with the no small Charges of their disloyal Contrivances , Envoys , and Ambassadours to their good Friends , the King of France , and the Pope . Their great Necessities appearing very demonstrable , in their harshly pressing the Bishops for some Arreares of the Clergy , Tenths , Seizing and Sequestration of the Rents and Estates , as much as they could come at , of the Loyal Party to the pretended Use of the King , taking away the Tax and Tallage of the Judaism or Banks of the Jews ( the then , besides the Caursini the Popes Bankers or Brokers , only Usurers of the Kingdom , ) which had been assigned to the Prince ; not omitting the getting into their hands the Tolls and Profits of the Markets and Fairs appertaining to his Mannor of Stamford , who untill the very instant of his Escape from the Castle of Hereford , where he had long lain a quiet Prisoner under their Persecution , had enjoyed them . All , or but some , of which might have given them a Temptation and Opportunity , if they had had the mind or least Inclination to it , to have taken those few Commons that were with them into their Association , and moulded them into a neverbefore-used Form or Figure of a Parliament ( ever since so mistakenly called , ) or Constitution of a third Estate and House of Commons therein , when anciently and long before our Kings great Councels or Parliaments consisted only of such Lords Spiritual and Temporal , as they should please to advise withal , and those Commons which they had with them do not appear to have made any Act of Parliament or Ordinance for the raising of Money to support the charges of their Rebellion . But that part of the Baronage appeared to have been so unwilling to take them into their Company , or give them any occasion to contemn or lift themselves above their former condition , as when in the Difficulties with which they wrestled , upon the Prince's denying his Consent ever to have been given to a supposed Ordinance then lately ( as they would have as many as they could make believe it ) to have been made at London , by the Prelates and Barons , by the unanimous Assent of the King and his Son the Prince & totius Communitatis Regni , concerning the setling of Peace in the Kingdom , the freeing of the Prince from his Imprisonment , and the Discharge of the ill Opinion which many of the People had of their Actions , they were constrained to send Writs in the King's Name the 12 th . of June in the same year of that imprisoned King , dated at Hereford , unto the Bishops of London , Winchester , Ely , Salisbury , Chester , Coventry and Lichfeild , Bath and Wells , and the rest of the Prelates , who may then be understood to have been absent to come omni festinatione to advise with him at Gloucester , to assist him with their Councels , and be a Means to take off those Rumours which had been raised , that by the Testimony of the King himself and the rest of the Prelats , the Truth might appear , that it was not the King himself , but the Rebels ( as whilest he was in their Power he was made to stile his Son the Prince and his Loyal Party . ) But none of the Commons before summoned , or designed to have been summoned , had any new Writs sent unto them for that purpose to meet at Gloucester , which would have been very necessary , if they could have born any Testimony to that supposed Ordinance , ( which is not in any of the Records of that year , or any other year , those monumenta vetustatis & veritatis , to be seen ; ) or if they had had any Vote in that imaginary Parliament , it would not have been said in that King 's Writ , dated at Westminster the first day of February in the year aforesaid , and in the Close Rolls of that year , That although upon some Discords arising amongst the Scholars in the University of Cambridge , the King had given leave , that there might be an University established at Northampton , yet being informed by all the Bishops of the Kingdom , that it would greatly inconvenience the University of Oxford , he did de concilio magnatum strictly forbid it . But if there had been any Proceedings upon those Writs , for the Election of Members to constitute an House of Commons , for that or any long time expended in the duration thereof , few of whom either came , or were willing or dared to be present at that new-fancied Parliament , which could not be believed to have had any Duration or long Continuance , if it had at all gained a lawful beginning , or could have overcome those many Obstructions , which lay before them , those two Knights of the Shire sent out of Yorkshire , who had obtained a Writ for their Wages or Charges in coming , tarrying , or returning , and were possibly gone homeward , or shortly going , would not have made such hast to be gone . It being alwayes to be remembred , that although King Edward the First had so subdued Wales as to make them obedient unto such Laws as he would have them obey , yet King Henry the Eighth was the first that removed the Barr and accustomed distances and Enmities , that had long continued between the English and the Welsh , when in the 27 th . year of His Reign he did incorporate his Dominion of Wales with his Kingdom of England , and ordained that All that were born , or to be born in Wales should enjoy the Laws of the Realm , which and no other be willed should be used in Wales , and that two Knights should be chosen to be Knights as Members in the House of Commons in Parliament for the County , and one Burgess for the Town of Monmouth : Knights and Burgesses shall be chosen in every Shire and Borough of Wales to come unto the Parliament , and have the allowance of Wages , as others used to have , and there should be two Knights for the County of Chester chosen , and two Burgesses for the City , to be Members of the House of Commons in Parliament : Which rendred it to be not only improbable , but impossible that any Knights or Burgesses for Wales , and the Counties of Chester and Monmouth , and the Boroughs thereof , in that so New-created Parliament of Symon de Montfort's own framing , in Anno 49 of King Henry the Third , or in any other Parliaments better authorized , until the aforesaid Reign of King Henry the Eighth : And it is also remarkable , and to be observed ; that the County Palatine of Durham , and the Borough of Newark in the County of Nottingham , had no Authority to send Burgesses to Parliament , neither did , untill His now Majesties Happy Restauration . Or if that ( so would be called ) Parliament could by any stretch of Fancy have been supposed to have been itinerant with the Army , it could never come up to any Probability , that that King so governed against his Will by it , would the fourth day of June by his Writ , dated at Hereford directed to the Mayor and Bayliffs of Bristol , have commanded them to send unto him Ten or Twelve of their most honest and discreet Citizens , to satisfie the rest of the City , that He had been privy unto all that had been done in His Name , and to the end that they might be better informed of his Will and Pleasure , if there had been any Members of Parliament for the City there already with him Elected or Attending . For certainly they that had strugled so much and contended to blood for a Twenty-four Conservatorships , reduced during the Kings Imprisonment to Nine , after to Four , of the more special Rebellious Undertakers , would be loath to part with that Power and false Authority which they had so desperately gained . And the business for which the Knights and Burgesses were desired by them to be elected and called together to treat with the Prelates and Nobles of the Kingdom , whom the King , as they would have it believed , had caused to be summoned and called to a Parliament which was to be holden in Octabis S ti Hillarii then next coming , as well concerning the Delivery of his Son Prince Edward out of Prison , where he remained a Pledge or Hostage for the King , as for other matters touching the common Good of the Kingdom , in which the presence of them , and other Loyal men , as the Writ said , was requisite , and were in fide & dilectione in which they were bound unto the King to be there , to treat of such things , as the King , by the Advice of his Prelates and Barons , should for the common Profit of the Kingdom ordain , as they tendered his and their Honours ( a word by the Customes and Curialities of England not in these or many ages after usual or appropriate to the Commons & Burgesses or Tradesmen of England ) . And was an Import beyond the understanding and reach of the Capacity of the Vulgar , and if it could have been thought to have been fitting or necessary for that instant Emergency , could not with any Reason or true Judgment be supposed , to have been proper Advisers for any afterward Matters of State , weighty or grave Deliberations , upon which the Safety and Welfare of the whole Nation was to have any dependance ; as if that Prince Edward or any other Prince , our Kings Eldest Son , had for all Ages to come been supposed to be Prisoners , or Hostages for their Father . Neither could such a device be in any Probability long , or any thing near everlastingin , the very Design it self , or Meaning of the Contrivers ; for that even after they were to a Despair utterly overthrown at the battle of Evesham , and the Dictum , Pardons , and Compositions made at Kenelworth , the Earl of Gloucester upon a renewed Discontent raised Forces and demanded the Observation of the Provisions made at Oxford , ( which amongst other things for the Conservatorships ) which he alledged the King had promised at the Battle of Evesham , ( and very likely , if at all , after the battel ended ) and some of the disherited Lords that had fled to the Isle of Ely , and forcibly withheld the possession thereof from the King , did amongst other their Demands make it to be one of their Propositions , that the Provisions of Oxford might be observed . And that kind of Summons made in and by the Name of a Captive King , when He was a Prisoner could not by any Rule of Law or Reason , have been then added to our ancient fundamental Laws , and made to be a fundamental Law , as ancient as the Government , upon which the House of Peers , and a great part of the Monarchy was built ; nor such a third Estate or Constitution of a different Nature , and after so long an Interval of time made to be co-ordinate with it , which the Provisions at the forced Parliament at Oxford , ( if any such thing as a Co-ordination in a House or Society of Elected Commons had then been in Actu or rerum natura , or in any Being or Existence before the framing of those Provisions ) did annihilate , and seem never to intend . And if such a Novel , great Councel , Parliament , or Convocation could have met with any Success , which in regard of Discords , Rebellions , Hostilities , Jealousies , and Fears then busying and disturbing the Kingdom , was every where embarassed , and incumbred with Dangers and Troubles , the King and His Brother , the Prince His Son , with many of the Loyal part of the Baronage imprisoned , and the remaining part of them either Fled , or under the power of their and the Kingdomes Enemies , could have taken Root or gained any Fixation ; no small Contests and Dissentions arising betwixt the Earls of Leicester and Gloucester , and their several Adherents , two of the greatest Supports y of the Faction ( as it usually happeneth , saith Daniel , in Confederacies , where all must be pleased , or all the knot will break ) about their Dividends , private and particular Agreements . It could not easily , or at all receive any Entertainment in the Reason or Understanding of Mankind , or which is much less any colour of it , or less than that in any Man's Imagination or Conjecture not mad or distempered , that such a numerous part of the Commons , as to the Burgesses to be elected out of the vulgar , rude , rash , giddy , and apt-to-be-partial , and easily misled , affrighted , or flattered sort of the People , should produce any good Effect , either to themselves or the publick , when too many of them were , or would be likely to be , most commonly altogether illiterate , and of such as could escape that unhappy Character ; but few that had ever looked in at the Threshold or Door of good Learning and Policy , and fewer that had spent any or much of their time in it ; but addicted themselves , or imployed most of their Thoughts upon the Cares of managing their own Estates , Husbandry , Trade , or other necessaries of Livelihood , more proper for the common and inferior Ranks of the People , upon whom very many sad and often Experiments have for many Ages and Centuries before , deservedly fixed , and imposed the indeleble Marks of Mobile , prosanum , & scelestum Vulgus , and given Us a lamentable Account of many of their mad and reasonless Advices , willful , and head-long Actions , to the Destruction , not only of their Superiours , and those that would or should guide them , but of themselves , and all that have had to do with them , or any ill governed Assembly , Sr let-loose Multitude of Men. Which , without good Accidents , and much Difficulty to boot , are seldom Governed , or brought within the bounds or compass of well digested Reason and Prudence ; especially , if they sit for any long time to hatch or brood Factions or Partialities , Envies , Ammosities , Self-interests , over-strained Liberties , Authorities , Priviledges , and taking too much upon them . And there could not be any or much good Event expected to happen to the Councels of Princes , or the Weal publick , either as to the Secrecy ( the life of Councels ) Consultive or Active part of them . Or to those rebellious Lords themselves , who as the Case then stood with them , were concerned to order the business as much as they could for their own Preservation and Advantage , and to take care that there should be some Bridle or Method to restrain them . And there being besides Twenty-Four Cities in England , where two Citizens were to be chosen out of each , by the direction of that novel Writ , and a great number out of as many Boroughs , and Corporation-Towns then in England , at the arbitrary and corrupt Power of the Sheriffs , as it after proved and hapned , with its Thirty-Nine Shires , and two Knights to be chosen out of each , ( the Counties and Boroughs of Wales not being at that time to be put into the Account ) and Four out of every of the Cinque-Ports , the number would so swell and increase , as might very much exceed that of the Peers and Barons , which in the largest Estimate would not then arrive unto Two Hundred and Eighty , and according to the then more common Accompt ; and they then summoned ad libitum Regis , not many more than Sixty , in which high and honourable Court , and House of z Lords Spiritual and Temporal , should that very great surpassing number of Commons have their equal Suffrages , as it may be believed they never were intended to be allowed , the lesser number would be over-powered by the greater ; the more noble prudent and concerned , by those that were little at all , and introduce a Community or Vassalage upon themselves and their Posterity , which the Roman Senators and Patritii in a Common-Wealth , made out of a Monarchy for fear of Tyranny , were unwilling to admit , and when they were seditioned and mutinyed unto it , left their Chiland Seri nepotes to endure the dire Effects of their often Changes from Kings to Consuls , from Decem-virates unto Tribunes of the People , Censors , Tribunes-Military , bloody Proscriptions , and Wars betwixt the Patritii and Plebeians , pacified and succeeded by a Dictator , after that a Trim-virate , after that an Emperor and semper Augustus Caesar , with an arbitrary Power , until good and wholsome Laws of their own making gave an Allay unto it . For such a Miscellany of Imis cum Summis of Inferiours with Superiors could not be deemed to be either more or better enabled than the Prelates and Baronage of the Nation , the Moratiores bomines Men of better Extraction & Education , the ancient extraordinary grand Councel of our Kings and Princes not meanly , but eminently skilled in matters of State and Policy , Religion , War , forreign Languages , and Affairs of their own State and others , and in the quieting the Troubles of it . Nor could that their Device at that time have much Assurance of any good Success therein , when the Prince was a Prisoner and Hostage for his Father , ( who was long after in no better a condition ) against the Laws of Wars , and Rules of Hostages , and the Tenor of those Writs of Summons carried nothing in them of a perpetual Constitution , or any thing more than pro hac vice , and for that only time and purpose . Or that such a Parcel of the lower ranks of People could be more knowing and intelligent , than the King of France , assisted by his grand and learned Nobility , Clergy , and Wisdom of his Parliament of Paris were not long before , when they determined those grand and long-depending bloodily-agitated Controversies , betwixt that persecuted King , and some of his then ungovernable Barons , concerning the disloyal and unhappy Provisions enforced from Him at Oxford some Years before . And such a novum & inauditum betwixt a Monarch and King ( no Feudatory ) and his rebellious Subjects , referred to the Advice of themselves , or their Partizans , touching the Claim of their Pretences in their own particular Cases , being not easily to be found in any the Annals , Histories , or Records of this or any other Kingdom or Nation . For many of the Milites or Knights in that new Contrivance to be Elected , were at that time , as to their Estates , of so general and lost Esteem , as Twenty or Fifteen pounds per Annum , was by the Statute of the First Year of the Raign of King Edward the Second , which was not much above Forty Three Years after , conceived to be no contemptible Rate , or Proportion of Livelihood for a Knight ; when a William de Felton , an Ancestor of a Family now of good Note , in the County of Suffolk , being in the Third Year of the Raign of King Edward the Third , presented before the Justices itinerant , to be seized of the Mannot of Botingdon , quod valet per Annum Twenty Pounds , & to be Thirty Years Old , & nondum Miles ideo in misericordia , and many Gentlemen of good Extractions and Families did heretofore appear , to have been long after retained under Earls and Barons in the Wars , and Service of their Prince , and not seldom as Domesticks , and more especial Servants in their then large and honourable Families , and have been their Receivers , Stewards or Feodaries , worn their more special Livings , and taken Wages , Dyet , and Allowance for themselves , and a limited Number of Men and Horses , altho some of them have been Gentlemen of good Value and Descent , and very many of those which have been since Elected , are not denyed to have been Persons of ancient and worshipful Families . The Citizens and Burgesses ( Merchants excepted ) such as did Sordidas artes exercere , as the Civil Law stileth b them Men that usually made their Gain , or manner of Living by Deceits and Lying , and were as our Common Law above Two Hundred Years after declared them , saith Littleton , to be Men with c whose Daughters to Marry would be to a Gentleman such a Disparagement , as the Parents and Kindred might Legally complain of it ; and the Testimony , saith the Caesarean or Civil Law , of a Gentleman was to go as far , or to be valued , as two of them . And how unequal they were like to be in their Births , Reputations , and requisite Parliamentary Abilities , who being to be very Burgesses , and City or Town-Trading Inhabitants , according to the Intention of those Writs , could not be expected to be other , than such as were only bred and instructed in the Arts , Tricks , Deceits , and Mysteries ( as they have been since well called ) of Trade , and the most of their Estates and Livelihood gained by it , being much more wickedly than Honest , as their Apprentices and Journey-men , who know the Secret thereof , can Witness ; nor to be able or serviceable to their Prince in any thing , more than to attend Him ( if He should need or call him ) as a Merchant to some great and publick Mart or Fair , to help him to buy or sell such Things as should be there Marchantable , or that the Knights to be chosen in the Shires , who in those times made the Military Exercises to be their greatest Care and Employment , would not be more necessary and fit to attend their Soveraign , to perform the Office and Intention of those Writs , to defend their King , themselves , their Country , Friends and Neighbours , and to do that which every Gentleman , and such as were è meliori luto of the more refined Clay , better born and bred , than the rude Vulgus , or common sort of People , would of themselves , if not commanded , or otherwise by their Tenures obliged , be willing to do ; as that Learned French Lawyer d Brissonius well observeth , Qu'en la necessitie de Guerre toutes les Gentilz hommes sont tenus de prendre les Armes pour la necessitie du Roy ; which by our Laws of England is so to be encouraged , as it is Treason to kill any Man , that goeth to Aid the King , and is no e more than what the Oaths of Allegiance and Supremacy do bind every English-man unto , although they should tarry in the Camp more than Forty Dayes , or not have Escuage or any Allowance of their Charges from their own Tenants . And the People of the Counties and Cities , as well as the smaller Towns or Boroughs , which were to delegate or commission them , and make them wise enough to give their Assent in that great and solemn Assembly and Councel of the King and His Prelates , Baronage , Lords Spiritual and Temporal , unto what they should ordain in quibusdam ( not in omnibus ) arduis , high and extraordinary Matters concerning the King , Church , and Kingdom , not in ordinary or common , were only , or more especially , to take into their Consideration , and inform the State , Commerce , Interest , and Affairs , Abilities , or Disabilities of the Countries , & Places to supply their Soveraign's occasions ; & some of those Burgesses Elected , and sent from poor Fisher-Maritime-Towns ( the most prudent Observers of whom might have done Aristotle good service in his Enquiries ( not of the Politicks , but ) of the ebbing and flowing of the Sea , or some of the lesser Genery , or over-grown Yeomanry , as might instruct Varro or Columella in the design of writing their Books de Re Rusticâ , or the well lined plausible Dweller in some inconsiderable Villes , or a small number of Houses , little better than Cottages , with a fair Inn , with two carved or gilded Sign Posts , and a St. George on Horse-back unmercifully killing the Dragon , and the Inhabitants , Men of no more Language , Wit , or Learning , than was scarcely sufficient to manage their vulgar mechanick Employments ) might have been more useful in the Parliament of the Twenty-Seventh Year of the Raign of King Edward the Third , when the Statutes of the Staple , and the Staple Cities , and Towns so greatly concerning the after happening Golden-Fleece-flourishing-wollen-Trade , and Manufacture in England , and the enriching those Cities and Towns , were made and enacted . And the Consent or Advice therein of the vulgar or ignoble part of the Free-holders , might have been more requisite in the making and framing the Act of Parliament in the Twenty-Third Year of the Raign of the aforesaid King , touching Labourers and Servants ; or that long after made by Queen Elizabeth , in the Fifth Year of her Raign , limiting the Wages of Servants , Artificers , and Workmen , as being likely to be more sensible , and to give good Instructions in their own Concernments , than in those of their Superiours , their Land-lords , viz. The King , Nobility , Bishops , Gentry , irelgious Houses , Colledges , Universities , Deaneries , Praebendaries , Hospitals , Corporations , and Companies of Trades , &c. Those that were Boroughs were not then so many or half so big , as they have been since by our King 's Royal Favours , in the granting of Fairs and Markets unto them , with divers other Immunities and Priviledges , &c. Nor had gained so great Additions to their Buildings , and former extent by their Scituation or Neighbourhood to some great Town or City of Trade ; and the Inhabitants of them Men only conversant in the evil Arts of Trade , and with Demetrius the Silver-Smith ready to do more for Diana's Temple , than St. Paul's Preaching , and lay out that little Understanding that they have , in taking some Lands to Farm near adjoyning ; and being as little acquainted as may be with State-Policy , or any thing out of the reach of their Neighbourhood , will be as unfit to know or discern wise Men , as the Corydons , Hobby-nolls , country Carters , or Mechanicks are , or would be , to Elect or give their Votes or Suffrages , for the taking of the degrees of Doctors , Masters , or Batchelors of Arts in our Universities ; or as Brick-laiers would be to give their direction and advice in the Building , Rigging , Tackle , Steering , and Sailing of a Ship. Or to give a liberty to the Boys to choose their School-Master , and direct what Methods he should use in the governing of them ; or to the Common People , to elect and choose the King 's Privy Council , or to have Votes or Suffrages in the making or repeal of such Laws , as the variety of their Humours , Interests , Envies , Ambitious Ignorances , and Whimsies should perswade them to obey or be ruled by , or such as may consist with all of them together , or as much as for that very instant or moment of Time may agree with every Man 's particular Fancy , Interests , Occasion , Advantage , Will , or Pleasure ; or of those that shall awe , flatter , bribe , delude , fool , or seduce them . Or in the Hurry and Distraction which Rebel-Armies and Gatherings of , a misled or cheated Part of , the People in such a Collection use to be , might probably think it necessary and greatly conducing to their present self Advantages , to procure them that were under the influence of their Power , then very formidable , or of the Tenancy or dependance of themselves , or the rest of the Baronage , whom they were labouring by Force , Fear , Flattery , or other seducing and evil Arts , to entice and draw into their Party , to consent for the present , to the Advice or Petitioning for the Confirmation or Establishment of the constrained Provisions made at Oxford ; and their Conservatorships which the King of France had not long before solemnly in his aforesaid Arbitration condemned and annulled . For the f Engine or Knack of the Twenty-Four Conservators to govern them and the King and Kingdom , Twelve as it was sometimes proposed to be chosen by the King , and Twelve by the victorious Rebels , after confined to a much smaller Number , as their Power and usurped Authority in a short time after gave them the Liberty and Occasion , could never be thought to be with any intention to continue that new Model or Frame of Parliament any longer than pro hâc vice , until the imprisoned King and Prince should be released , and the Disturbances of the Kingdom quieted , as those Writs of Simon and Peter de Montfort's own framing and putting under the King's Name and Seal did , if they might be credited , seem to import . But were rather convened for Simon de Montfort's particular Ambition , and Establishment , nor could otherwise be interpreted to amount to any more , than the most likely to have been the dismal Effects thereof , the Destruction of the King and his Family , Subversion of the ancient fundamental Laws and Customs of the Nation , and Change of our ancient Monarchy into an Oligarchy . And must either be understood not to have known at all the fundamental Usages , Customes , Priviledges of the Praelates , Nobility , and Great Men of the Realm in their King 's great Councels , or Parliaments , when they were thereunto Summoned ; and that long after both by the Feudal , and common Laws of this Kingdom , the Lords Spiritual and Temporal were in Parliament to Assess a proportionable Escuage h upon such of their Tenants , who held any Capite Lands , and did not go with them in Person to serve their King and Country , and were not to be their own Assessors , but submit unto what they should in those great Councels , subordinate to their King 's , determine ; and as they anciently were used to do , when Taxes were laid upon Knights Fees , when the Common People that were to pay them were not all present , or any for them . Or never to intend to introduce such a Party of the Common People into a Co-ordination or Fellowship with them , in a Subordination to their Soveraign , which might , as they did afterwards entice them to , encroach and believe , that a License of Petitioning for Redress of any Grievances which might happen , and a Liberty to give an Approbation and Obedience to what should be there ordained by the King , by the Advice of his Lords Spiritual and Temporal for the publick Good , should be in , or unto them , or their Successors an Authority or original Power , to controul what their Kings by the Counsel of their Lords Spiritual and Temporal should there find necessary to Enact ; when they could not forget , that even in the time of the Imprisonment of King Henry the Third , they did in his Letters , Rescripts , Writs , and Edicts , written and sent about the Kingdom in his Name , i amounting to no fewer than Sixteen , mention that his said Orders , Acts , and Commands were done by the Counsel and Advice Procerum & Magnatum suorum , and in some of them his Prelates , Barons , & hautes hommes , but nothing at all of the Commons . And that Rebellious part of the Baronage might the easier be led into that they never meant , when they had some reason to think or assure themselves , that such an Election of Members , or the parts of the common People , would much advance the fixing and setling their Designes , when they could not but acknowledge , that they owed much of their Liberties and happiness under their Kings and Princes unto them , and their Ancestors , as in particular , unto an Earl of Oxford , in procuring of the King Three Hundreds in the County of Essex , to be diaforrested , and might be glad to entail and perpetuate their Assistances , Dependencies , Hospitalities , Priviledges , and Favours upon their Posterity , and after Generations ; and rather return a submissive Compliance unto them well accepted , than to endeavour to prejudice , or in the least to make themselves equal unto them , or Mastors of them , but would be content to be ruled by them , and not endeavour to govern or domineer over them . With which doth accord that well founded Opinion and Answer of that k excellent Prince , and very Martyr King Charles the First , our late gracious and pious Soveraign , in his Answer to the haughty and undutiful Nineteen Propositions , sent unto Him by the rebellious and misled Parliament , the Second Day of June , One Thousand Six Hundred Forty Two , That the House of Commons was never intended for any share in the Government , or the Choosing of them that should Govern , and were not likely , in those early and troublesome times , to get any Root or Foundation for such an unwarrantable Pretence . And might have believed , that the Prelates and Baronage of England had heretofore Power and Influence sufficient , to have kept them in a better Order , both towards them and their Sovereign . SECT . II. Of the great Power , Authority , Command , and Influence , which the Prelates , Barons , and Nobility of England , had in or about the Forty-Ninth Year of the Raign of King Henry the Third , when he was a Prisoner to Symon de Monfort , and those Writs of Election of some of the Commons to Parliament , were first devised and s●nt to Summon them : And the great Power and Estates which they afterwards had to create and continue an Influence upon them . WHen the then Prelates , by the Papal great and exorbitant Power over the Bodies and Souls of the People of England , as well high as low , rich or poor , their Power of certifying Illegitimations , Bastardy , or Ne unques loyalment accouplis en Matrimony , with their Fulminations , Excommunications , Curses , Interdictions , Confessions , Absolutions , Pardons , and Dispensations , Denial of Christian burial , Affrights of Purgatory , undenyable Commands over the inferiour Clergy , and they over the People ; together with the great Authority which their Episcopal Function and Dignity inseparably conjoynt with their Temporal Baronies had given unto them in the Parliaments of England , the greatest and highest Councels and Assembly of the Nation , were in the time of King Henry the Third's Imprisonment , so much allured and drawn by some of their factious and naughty Incitements to Symon de Montfort's Party , by a kind of Ordinance and Agreement before mentioned of the then over-ruling-Power of the rebellious Victors , as there was an undertaking to preserve from Plunder and Spoil , all the Lands and Estates of the Holy-Church , affirm their Authorities , and all that they should have reasonable Order for , amends should be performed , and full Power granted unto them by the King , or Generality of the Earls , Barons , and great Men of the Land , to provide things profitable for the bettering the Estate of the Holy-Church to the Honor of God. And with their temporal Baronies , unto which many Mannors of a great Extent , and yearly Value were annext , and some other Barons holding of them , and had their many Milites for service of War , and Multitudes l of Tenants by Tenure , Lease , and Copy-holding of them . And the regular and monastick part of the Clergy of England , many of whose Abbots and Priors were admitted to sit amongst the Peers in Parliament , were so envied for their great Revenues and Estates , as the m Commons in a Parliament in the Raign of King Henry the Fourth , wherein Lawyers were prohibited to be elected Members , and therefore stiled indoctum Parliamentum , did petition the King to confiscate , and take into his own Revenue , all their Lands which they had calculated to be sufficient to maintain One Hundred and Fifty Earls ( no small Estate in those times , being enough to satisfy the honourable Yearly expences of one Earl , and his numerous Retinue , after the rate of their then living ) One Thousand Five Hundred Knights , Six Thousand Two Hundred Esquires , and erect Two Hundred Hospitals for the Relief of maimed Souldiers . And in that new Frame of a great Council or Parliament , wherein a part of the Commons of England were to be Assembled , which can find no other Original than the Fate of that unhappy King in the battle of Lewis , as the close Roll n of the Forty Eight of that King will tell us , there were no fewer of the then well-wishing Clergy to Symon de Mortfort , Summoned unto that new modelled Parliament , than One Arch-Bishop , Fourteen Bishops , Thirty-Five Abbots , Two Priors , their good Friends and Confederates , and for Companies sake in such an hopeful and popular Project , Four Abbesses to help them to Cordials in that languishing State of Loyalty they then were in . The Earls , and Barons were then , and long after , Great and Noble by Descent , Birth , Extraction , Lands , Estate , Alliance , Command , Power , and Authority , not a few of them by Consanguinity or Affinity , deriving their Progeny from the lines of several of their Kings and Princes , and much of their Honors and Support from their Bounty and Munificence , as they were pleased to dispence them by their influence , favors , or bounty , for great and heroick Actions and Services done for them and the Weal publick ; and their Authority could not be small , either in the Fear or Force of it , when at the time of the Norman Conquest all the Lands and Services thereunto belonging of the Kingdom , were either the Kings in Demesne , or in the Possession of those Great Men and Commanders , unto whom he had granted them , o and that again distributed by them to their Servants , Friends , or Followers to hold by Knights Service , Soccage , Copy-hold , Leases for Years or Villenage , with some Services imposed , as going in Person to War to defend them and their Soveraign , Castle-guard , Carre and Manuopara , and the consented unto Reservations or willing Oblations of doing much of their works of Husbandry , in the hopes of their Justice in their little Courts or petit Soveraignties , Protection , and Assistance against the injuries and oppression of wrong Doers , and the Comfort of a large and free Hospitality , and Charitable uses , together with the Foundation and Endowments of many Abbies , Priories , and religious Houses , which obliged both the secular and regular Clergy to love and honour them , p and the liberi homines or Freeholders were , as unto many of them , only such as had been manumissed , and had from the condition of Servants or Villaines , attained unto the degrees of libertini or ingenui , or so fortunate as to have some small Parcells of Lands in Fee simple or Tail or for life by Gift , Purchase , Marriage , or Copy-hold , granted and given by them ; most of the Saxon race being so unhappy , as to be content to become Tenants to the Conquerours of their own Lands , whilst the Nobility and Great Men being more desirous of Service , than Money or Rents , granted the Service of Men or Tenants , that held by Knights Fees or Service , or parts thereof , one unto another , which in those times were in so high Esteem , and of such a Value , as Ten Knights Fees were reckoned a Satisfaction for a Release of the Claim of that great Office of High Steward of England , in Fee by Roger Bygott Earl of Norfolk , and his Heirs , to Symon de Montfort Earl of Leicester , Seven and a half whereof being paid , King Henry the Third upon a Reference of the Controversy betwixt the said Earles unto him , made his Award . That the said Symon should Execute the said Office of High Steward , and the said Roger q should bring his Action for the other Two Knights Fees and a half ; and the English Nobility having all the great offices and places of Honour of the Kingdom , and about the Persons of their Kings , with their Influence , Power , and Authority in their great Councels or Parliaments , and thereby the Opportunities of pleasing and displeasing , hurting or helping whom they would , were , as to many of them and not a few of the common People , like the righteous r Job in his Prosperity , when they came out to the Gates of the City , the Eares that heard them blessed them , the Eyes that saw them gave Witness unto them ; they delivered the Poor that cryed , and the Fatherless , and them that had none to help them ; the Blessing of those that were ready to perish came upon them ; they caused the Widdows hearts to sing for joy ; were Eyes to the blind , Feet to the lame , and Fathers to the poor ; brake the Jawes of the Wicked , and pluckt the Spoyl out of their Mouths , their Root was spread out by the Waters , and the Dew lay all night upon their Branches , they gave ear unto them , waited and kept silence at their Councel . And could not be slighted or taken to be Benefits of a small size or esteem , but to be very great and worthy the seeking and obtaining , when Threescore and Ten Thousand Knights Fees , every one of which being then no small Estate , either as to the extent of the s Lands , or the Value thereof , as Ordericus Vitalis , who lived in the time of the Conqueror , hath numbred them , or but about Thirty two Thousand , as Mr. Selden believeth , were given by William the Conqueror to his Nobility , Great Men , and Followers to be holden of him , his Heirs , and Successors in Capite , and all the other Lands of the Kingdom , except those large quantities which were King Edward the Confessor , as appertaining to the Crown of England , and what else he kept in his own Possession and Demesne , and besides what he endowed and founded divers Abbys , Monasteries , Priories , and Nunneries withal , to hold of him and his Heirs and Successors in Capite , and by Knights Service , were again , as unto a great part thereof , distributed and granted by his Nobility , great Men , and Followers to their Dependants , Servants , Tenants , and Friends to hold of them by Knight-Service . Which drawing to it by the Feudal Laws , part of the fundamental Laws of England , and incorporated therein , Wardships ( no Slavery , Burden , or Grievance , if rightly used or understood but a Protection , Comfort , and Benefit , as well publick as private ) Reliefs , Education , Protection , and Marriage of their Heirs in their Minority , which was the greatest Concernment of their Families , did put and render the Commonalty under the Patronage and Tutelage of the Nobility , and great Men Subordinate to the King their Soveraign , and common Parent , which many other Nations , and the greatest Pretenders , and Enjoyers of Liberties in the Christian World , have not onely deemed , but experimented to be an Happiness . Insomuch as if it were to be tryed by the Suffrage and Experience of our English Ancestors , if they could from the Dead be produced and heard to speak in the Affairs and Case of England , and a due Consideration had of the Security had , and long enjoyed by the Northern parts thereof by the Tenures by Cornage , assisted by that of Knight-Service and Capite , and the Residence of the Baronage of those Countryes , against the dayly and nightly Incursions , and Spoil of their then ill Neighbours , the Picts and Scots , which amounted unto as much or more than the costly Wall and Fortifications , which the Romans built and provided against them , together with the Safety and Guard , which a great part of England hath been often defended by the Lords Marchers , against the Hostilities and Unquietness of the Welch , it 's former Owners , would bring us in a verdict of O felices ! bona si sua nôrint . Which must needs attract the Love , good Will , Fear , Awe , and Obedience of the People , who so well understood their own conditions , and that of the Nobility , as to believe that , to quarrel or be disobliging unto any of them , was to fall foul , or out of the favour of all their great Alliances , Friends , Kindred , numberless Tenants , Servants , Retainers , Dependants , and well-Wishers ; many of which being their own Relations , Friends , or Kindred , might either help on , and bring upon them a most certain and inevitable Ruine , or put their small and fainting Estates into a languishing Condition , when any , the least , Offences taken or given , would be sure to effect it , in the Displeasure of those , who until the Reign of King Edward the First , and some Ages after , were so high and potent . As that Ferrers Earl of Darby , an Opposite to King Henry the Third , in the Baron's Wars , had Twenty Lordships in Barkeshire , Three in Wiltshire , in Essex Five , in Oxfordshire Seven , in Warwickshire Six , in Lincolnshire Two , in Buckinghamshire Two , in Gloucestershire One , Herefordshire Two , Hantshire Three , Nottinghamshire Three , Leicestershire Thirty-Five , Derbyshire One Hundred and Fourteen , Staffordshire Seven , of which was Chedley a parcel , whereunto that part of Staffordshire appertained ; and besides had the Castle and Borough of Tudbury in that County , together with many Advowsons , t Patronages , &c. and Knights Fees holding of him in those and other parts of England . An Ancestor of Gilbert de Gaunt , a partaker of the Norman Conquest , another Opposite of King Henry the Third , had in the Conquerors Survey One Lordship in Barkshire , Three in Yorkshire , Six in Cambridgeshire , Two in Buckinghamshire , One in Huntingtonshire , Five in Northamptonshire , One in Rutland , One in Leicestershire , One in Warwickshire , Eighteen in Nottinghamshire , One Hundred and Thirteen in Lincolnshire , with Folkingham , which was the Head of his Barony ; besides Knights Fees of those that held of him Patronages , and Advowsons , Fairs , Markets , Assize of Bread and Beer , Pillory , and Tumbrel , &c. Symon de Montfort Earl of Leicester was in the right of Amicia , one of the Sisters and Co-heirs of Robert Fitz Parnel , a Norman Earl of Leicester , Lord high Steward of England , in Fee , an Office of Large u Authority and Esteem , had in Warwickshire Sixty-Four Lordships , in Leicestershire . Sixteen , in Wiltshire Seven , in Northamptonshire Three , in Gloucestershire One ; besides many Knights Fees of those that held of him , Advowsons , Patronages , Fairs , Markets , and the priviledges of Pillory , Tumbrel , and the Assize of Bread and Beer . The Earl of Gloucester w and Hartford had Thirty-Eight Lordships in Surrey , Thirty-Five in Essex , Three in Cambridgeshire , Halling and Bermeling Castle in Kent , Haresfeild in Middlesex , Sudtime in Wiltshire , Leviston in Devonshire , Ninety-Five in Suffolke , besides Thirteen Burgages in or near Ipswich , of which Clare was one , from whence that Family took their Surname , or it from them , had the Town and Castle of Tunbridge in Kent , the Castle of Brianels in the County of Gloucester ; and whilst the King and his Son Edward were Prisoners at Lewis , obtained a Grant under the Great Seal of all the Lands , and large Possessions of Iohn Warren Earl of Surrey , to hold at the King's Pleasure , except the Castles of Rigate and Lewis , was one of the Chief that extorted a Commission from the King , authorizing Stephen Bishop of Chichester , Symon Montfort , and himself , to nominate Nine , as well Prelates as Barons , to manage all things according to the Laws and Customes of the Kingdom , until the Determinations should be made at Lewis ( and others which they better liked should take Effect . ) Awbrey de Vere x in the general Survey of William the Conqueror , had Cheviston now Kensington , Geling and Emingford in com Hunt. Nine Lordships in Suffolk , Fourteen in Essex , whereof Colne , Hengham , and Bentley were part , in Warwickshire Six , in Leicestershire Fourteen , in Northamptonshire Six , in Oxfordshire Two , and in Wiltshire Ten ; a Descendant of whom had in the Raign of King Stephen , together with Richard Basset Justice of England custodiam Comitatus , and executed the Sheriffs Offices of Surrey , Cambridge , Huntington , Essex , Hartford , Northampton , Leicester , Norfolk , Suffolk , Buckingham , and Bedford , had by the Grant of Maud the Empress , and King Henry the Second her Son by inheritance , the Earldom of Oxford , granted unto him and his Heirs , and Mannor and Castle of Caufeild , in the County of Essex , and the Office of Lord Great Chamberlain of England in Fee , with the Castles of Hengham or Hedingham , and Campes to be holden by that Service , and divers other Lands , and Possession of a great yearly Value , had before the Fourth Year of the Raign of King Henry the Third , by the Marriage of the Daughter and Heir of the Lord Bulbeck , many Mannors and Lands in the Counties of Buckingham and Cambridge , and by the Marriage of the Daughter and Heir of Gilbert Lord Sanford , the Inheritance of divers Mannors and Lands in the Counties of Essex and Hartford , and a Grant in Fee to be Chamberlain to the Queen die Coronationis suae , with divers Priviledges , and One Hundred Knights Fees holden of them , one whereof was by the Heirs of Mordaunt for Lands in Essex , to come compleatly Armed , as Champion to the Heir of the Family , and Earls of Oxford , in the great Hall of Hedingham Castle upon the day of his Nuptials , to defy and fight with any that should deny him to be Earl of Oxford ; and another for the Mannor of Horseth in the County of Cambridge , holden by the Family of Allington , now the Lord Allington of the Kingdom of Ireland , by the Service of holding the Earl of Oxford's Stirrop die nuptiarum , which was actually performed in the Raign of Queen Elizabeth the day of the Marriage of Edward Earl of Oxford with the Daughter of the Lord Burghley . Roger Bygod in the Conquerors Time , did possess Six Lordships in Essex , and One Hundred Seventeen in Suffolk , had a Grant in the Raign of King Henry the Second , of the Mannors of Ersham , Walsham , Alvergate , and Aclay , and the Honour of Eye , in the County of Suffolk , the Custody of the Castle of Norwich , and a Grant of the Office of high Steward of England , to hold and enjoy in as ample manner , as Roger Bygod his Father had held it in the time of King Henry the First , was Earl Marshal of England by Inheritance , and had thereby a great Command and Authority in the King's Armies , and all his Martial Affairs , registred in his Marshals Rolls those many Thousands , who as Tenants in Capite came into the Army to y perform their Service , by which also they were enabled to receive Escuage after of those that were their Under-tenants , and held of them , and did not come to do their Service , was in times of Peace as in War , to appease Tumults , to Guard the King's Palace , distribute Liveries , and Allowances to the Officers thereof , attend at the doing of Homages , have a Fee of every Baron made a Knight , and to receive of every Earl doing Homage , a Palfry , and Furniture . Hugh de Montfort Ancestor of Peter de Montfort , one of the Twenty-Four enforced Conservators for the Kingdom , in the said Raign of King Henry the Third , had in the general Survey Twenty-Eight Mannors in Kent , besides a large proportion of Rumney Marsh , Sixteen in Essex , Fifty-one in Suffolk , and Nineteen in Norfolk , a Descendant of whom had in 12. Henry the Second , holden of him Ten Knights Fees , and a Fourth part de veteri feoffamento , and was seized of the Mannor of Wellesborne in com Leic , which Peter had in 12 Henry the Third , the Mannor of Beldesert in Comitat ' Stafford , in Anno 35 Henry the Third , was Governor of Horeston Castle in Derbyshire , in Forty-One Warden of the Marches of Wales towards Montgomery , and also of the Castles of Salop and Bruges , was Sheriff z of the Counties of Salop and Stafford ; and so likewise for the next ensuing Year had the Custody of the Castles of Bruges , and Ellesmere , in Anno 47. Henry the Third was Governor of the Castles of Corff and Shirburne , and of the Castle and Mannor of Seggewick ; and was in Anno 49. Eiusdem Regis made by that King 's Imprisoned Seal , Governor of Whittenton Castle in Shropshire . Gilbert de Segrave the Son of Hereward held the Mannor of Segrave in Com' Leic ' , with the Fourth part of a Knight's Fee , had a Grant of the King of the Lands of Stephen de Gaunt , in the Counties of Lincolne and Leicester , in the 5th . of Henry the Third was Sheriff of the Counties of Essex and Hartford , and the Two next ensuing Years , in the 6th . of Lincolnshire for Three parts of the Year , and to the 8th , in 11th . Henry the Third Sheriff of Buckingham and Bedfordshire , and continued until the 18th , in the 10th . of Henry the Third was a Justice itinerant for Nottingham and Derby-shires , purchased Mount Sorrel in the County of Leicester , in the 16th . Henry the Third , had the Custody of the Castle of Northampton , and of the Counties of Buckingham , Bedford , Warwick , and Leicester for the term of his Life , taking the whole Profits of all those Counties for his Support in that Service , excepting the ancient Farms which had been usually paid in the Exchequer , with the Encrease which in King Henry the Seconds time a had been answered for them , was Chief Justice of the Court of Common-Pleas in 2d . Henry the Third , when upon the removal of Hubert de Burgh he was made Cheif Justice of England , and had likewise the Mannor of Almonsbury in com' Huntington . Hugh Despencer b was in the Eighth Year of the Raign of King Henry the Third , constituted Sheriff of the Counties of Salop and Stafford , Governor of the Castles of Salop and Bridgenorth , in the 10th . of Henry the Third , Sheriff of Berkshire , and Governor of Wallingford Castle , and in the 17th . of Bolsoner Castle in com' Derby , in 44th . was by the rebellious Barons made Chief Justice of England , after the Battle of Lewes Governour of Oxford Castle in Suffolk , the Devises in Wiltshire , Oxford , and Nottingham Castle , Bernard in the Bishoprick of Durham , and one of the Twenty-Four Conservators for managing the Affairs of the Realm , was seized of the Mannor of Ryhal in com' Rotel ' , Leghere and Wykes in com' Essex , Bernewell in com' Northampton , Wycomb in com' Buck ' , Soham in com' Cant ' , Berewick , Winterborne , Basset in com' Wilts , & Speke in com' Berk , whose Grand-child Hugh le Despencer in the Raign of King Edward the Second , was possessed of no less than Fifty-Nine Lordships in several Counties , Twenty-Eight-Thousand Sheep , One Thousand Oxen and Steers , Twelve Hundred Kine with their Calves , Sixty Mares with their Colts Two Years old , One Hundred Sixty draught Horses , Two Thousand Hogs , Three Hundred Bullocks , Sixty Tuns of Wine , Six Hundred Bacons , Eighty Carkases of Martilmas Beef , Six Hundred Muttons in the Larder , Ten Tuns of Cider , with Armes , Plate , Jewels , and ready Money to the value of Ten Thousand Pounds , Thirty-Six Sacks of Wool , besides a Library of Books . Humfrey de Bohun , whose Descendant joyned with the Barons against King Henry the Third , had in Anno 12. Henry the Second , Thirty and a half Knights Fees , de veteri feoffamento , and Nine and a half de novo , was Earl of Hereford , and Constable of England by descent from his Mother , his c Son Henry de Bohun answered Fifty Marks , and a Palfre● to the King for Twenty Knights Fees , belonging to the Honor of Huntington , had the Earldom of Essex , and a very great Estate of Lands belonging thereunto , descended unto him by Maud Countess of Essex his Mother , together with a great Estate of Lands , which came unto her from Isabel third Daughter and Co-heir of William Earl of Gloucester , had likewise Lands in Haresfeild in com' Glouc ' holden by the service of Constable of England , the Mannors of Shudham and W●tnorst , Kineton in com' Hunt ' , and Walden in com' Essex . Vescy , one of the Barons against King Henry the third , was at the time of the Norman Conquest seized of one Mannor in com' Northtamp ' , two in d Warwickshire , seven in the County of Lincoln , nine in Leic ' , the Castles and Baronies of Alnewick in com' Northumberland , and Multon in com' Eboru ' , had besides vast Possessions bestowed on him by King Henry the first , the Mills of Warner , Bodele , and Spilsham with eleven Mannors , divers Lands , and Tenements in the City of York , and whatsoever he held of David King of Scotland , and Henry his Son , the Arch-Bishop of York , Bishop of Duresme , of the Earl of Richmond , Geffry Estcland , and Richard fitz Paine , Roger de Moubray , William Fossard , William Paganell , the Earl of Albemarle , Roger de Clare , Gilbert de Gant , Roger de Beauchampe , Henry de Campaine , Ralph the Son of Bogan , the Earl of Chester , Abbess of Berking , William de Sailley , and of all the Fee of Thurstane the Son of Robert de Mansfeild , had likewise the Mannors of Ellerton and Cansfeild , and was Governour of the Castle of Bamburgh , in com' Northum ' , seized of the Mannors of Brentune , Propertime , Pecheston , and Sornneston , Burgh , and Knaresburgh , in the County of York , Barony of Halton , and Constabulary of Chester , a Descendant whereof had in the Raign of King Henry the Second , twenty Knights Fees de veteri feoffamento , and many de novo , that held of him had in 32d . Henry the third in the Right of Agnes his Wife , one of the Daughters of William de Ferrers Earl of Derby , partition of the Lands in Ireland , which did belong to William Marshal Earl of Pembroke . Whose Ancestor had in the 2d . Henry the Second , Lands of a great Yearly value in Westcombe , e Marleburgh , and Cri●l in com' Wilts ' given unto him by the King , with the Office of Earl Marshal , and all other Lands holden of him in England or else-where , had a Grant of the Mannor of Boseham in com' Suff ' , with the Lastage and Hundred , the Lordships of Westive and Bodewin , with the Hundred of Bodewin , all the Lands which the Earl of Eureux held in England ( except the Mannor of Marlow ) all the Lands of Hugh de Gournay lying in the Counties of Norfolk and Suff ' , Kaule and Castre , and all the Lands of Hugh de Ayer in com' Norf ' , the Office of Marshal of Ireland in Fee , with the Cantred within which the Town of Kildman was Scituate , was Warden of the Marches of Wales , Sheriff of Lincolnshire , and Governour of the Castles of Oswastre and Shrawardine , had the Mannor of Hengham in com' Norf ' with the Advowsons of the Church thereof , in Anno 16th of King John executed the Office of Sheriff of Lincolnshire , for three parts of that Year , and likewise in the 17th . in which he was associated with John fitz Robert , of the Counties of Norfolk and Suffolk ; as also in the Custody of the Castles of Norwich , Oxford , and Dorchester , was Sheriff of Warwickshire , and Governour of the Castle of Worcester in the time of the Barons Wars , in the first Year of the Raign of King Henry the third made Sheriff of Hantshire , and Governour of the Castle of Devizes in com' Wilts ' , had a Grant of all the Lands of William de St. John , who in the 49th . Year of Henry the third , took part with the rebellious Barons . William de Percy , descended from Manfred , a Dane , coming out of Denmark , with the fierce and famous Rollo into Normandy , and thence with William the Conqueror into England , and much beloved by him , had granted unto him by him vast Possessions in the Realm , as appeareth by the General Survey in Dooms-day Book , viz. Ambledune in Hanshire , divers Lordships in Lincolnshire , and in Yorkshire eighty-six , whereof Topoline in the North Riding was one , and Spofford in the West Riding another . Camois , a Baron against King Henry the Third , was in Anno 26th . of his Raign for that half Year Sheriff of the Counties of Surrey and Sussex , and from that time until the one half Year of the 30th . of his Raign seized of the Mannor of Wodeton in the County of Surrey , Ditton in com' Cantabr ' , Burwel in com' Oxon ' , Torpel in com' Northamp ' , and of divers Knights Fees in other Counties . D'Eynill f was in 41. and 44. Henry the third , Justice or Warden of all the Forrests beyond Trent , in Anno 47. Governour of the Castle of York , and in 48. of the Castle of Scarborough , from Michaelmas 48. was Sheriff of Yorkshire , until the Battle of Evesham , where he was against the King. Monchensey was one of the rebellious Barons at the Battle of Lewes , had great Possessions in the Counties of Essex , Norfolk , Glou ' , Kent , and Northampton . The Lord Lovetot , h one of the rebellious Barons , was in the last half Year of 39th . Henry the third Sheriff of the Counties of Nottingham and Derby , and Governour of Bolsaver Castle . Henry Hastings , sideing i with the Barons , was in the 48. Year of the Raign of Henry the third , made Governour of the Castle of Scarborough in com' Eborum , and of the Castle of Winchester . Bobert de Roos k had great Possessions , amongst others the Castle and Barony of Helmesley or Hamlake in Yorkshire , the Castle and Barony of Warke in Northumberland , and the Barony of Trusbut , being of the part of the rebellious Barons was for some time Governour of Hereford Castle , when Prince Edward was there detained Prisoner , in 42. Henry the third , answered for four Knights Fees and an half , and an eighth part in Lincolnshire , fifty-two Thirds , a twelfth and a twentieth in Yorkshire , ten for his Barony of Trusbut , four and a fourth and third part of Warter . Adam de Novo Mercato , l descended from Bernard de Newmarch , one of the followers of William the Conqueror , subdued to himself three Cantreds being the most part , if not the whole , of the Country of Brecknock in Wales , had in 8th . Henry the third the Barony of Bayeux , and in the 47th and 48th divers Lands in the County of Lincolne , and the Mannor of Wilmaresly , Campshall , Thorne , Bentley , and Archley in com' Ebor ' . Colvile m was seized in the Raign of King Henry the third , against whom he took Arms , of the Castle of Bitham in the County of Lincolne , and of his Purparty of fifteen Knights Fees in the said County . Roger Bertram n had the Castle and Barony of Mitford , with thirty-three Mannors belonging unto it , in the County of Northumberland , and was in rebellion against King Henry the third . Robert de Nevil , o a great Baron and Lord of Raby in the Bishoprick of Durham , was Sheriff of Norfolke in 2d . Henry the second , Captain General of the King's Forces beyond Trent , in 47. Henry the third , Sheriff of the County of York , Governour of the Castle thereof , and of the strong Castle of the Devises in the County of Wilts , and in 48th . Henry the third , Warden of all the Forrests beyond Trent , and Governour of the Castle of York , was against the King at the Battle of Lewes . Fitz Alan of Clun , p from whom the Earles of Arundel descended , enjoyed a great Estate , and was against the King at the Battle of Lewes . Robert de Vipont , q one of the rebellious Barons of King Henry the third , had by the Grant of King John the Castles of Appleby and Burgh in the County of Cumberland , together with the Baylewick or Shrievalty of the County of Westmorland , to him and the Heirs of his then Wife , unto which Barony belonged the said Mannors of Appleby and Burgh under Stanemore , Flaxbridge-Park , Forrests , and Chases of Winefell , and Mallerstang , Brougham Castle , with fifty-seven Mannors more in the County of Cumberland and Westmoreland , in the first , second , and sixth Year of the Raign of King Henry the third , was Sheriff of Cumberland , and Governour of Caerlisle , in the tenth one of the Justices itinerant in the County of York , and in the eleventh one of the Justices of the Court of Common-Pleas . Henry de Neuburgh r in Normandy , a younger Son of Roger de Bellomont Earl of Mellent , had the Castle and Borough of Warwick bestowed upon him by William the Conqueror , with the large Possessions of Turketill de VVarwick , who had the Reputation of Earl of VVarwick , although he was but in the nature of a Lieutenant to the Earl of Mercia , had Wedgenock Park with the Castle of Warwick , Mannors of Tamworth , Claverdon , and Manton Mauduit in com' Warr ' , the Mannors of Gretham , and Cotes-more in com' Rotel ' , with some Lands in the County of Worcester , the Mannor of Chadworth in com' Glou ' , in 12. or 13. Regis Johannis , Henry Earl of Warwick certified one hundred and two Knights Fees , with a third part of a Knights Fee , and had by the Gift of that King the Seigneury of Gowerland in Wales , which an Ancestor of his is long before said to have Conquered , was Owner of the Castle , Mannor , and Priory of Kenilworth in com' Warwick , gave to Geoffry de Clinton the Sherivalty of the County of Warwick to him and his Heirs , to be holden of him and his Heirs ; and in Anno 25. Henry the third , Earl Thomas gave a Fine of a hundred and eighty Marks to the King over and above his Scutage , that he might be discharged from his Attendance upon him in his Expedition into Gascoigne , and that he might levy the like upon his Tenants gave One Hundred Twenty Pounds more . And of no less Power and Authority with and over the Common People were the rest of our English Nobility , which took up Armes with the King , or stood s Neutrals , or at a Gaze , until they saw what would become of him ; witness that of the Earl of Chester , who executed the Office of Sheriff by his Deputies , for the Counties of Salop and Stafford , in the 2d . 3d , 4th , 5th , 7th , and part of the 8th . of Henry the third , for the County of Lancaster in the 3d. 4th , 5th , 6th , and the latter end of the 16th . was seized of the whole t County and Lands of Chester , with Royal Jurisdiction , Tenenda per Gladiune it à liberè sicut Rex ipse tenebat Angliam per Coronam , at the time of the general Survey of the Conqueror was Count Palatine thereof , had nine Mannors in Barkshire , in Devonshire two , in Yorkshire seven , in Wiltsshire six , in Dorsetshire ten , in Somersetshire four , in Suffolk thirty-two , in Norfolk twelve , in Hantshire one , in Oxfordshire five , in Buckinghamshire three , in Gloucestershire four , in Huntingtonshire two , in Nottinghamshire four , in Warwickshire one , in Leicestershire twenty-two ; fifteen great Men of Estate in Cheshire , his Barons , holding Lands of him and his Heirs , as Willielmus Malbane , Gislebertus de Venables , Rad Venator , &c. and was seized of that Mountainous part of Yorkshire and Westmoreland called Stanemore . Unto one of whose Descendants , or Family , King Stephen gave the City and Castle of Lincolne , with License to Fortify the Town thereof , and to enjoy it until he rendred unto him the Castle of Tickhil in Yorkshire ; granted likewise unto him the Castle of Belvoir , with all the Lands thereunto belonging ; all the Lands of William de Albini , Grantham with all its Soke thereunto belonging , Newcastle in Staffordshire , with the Soke of Roely in com' Leic ' , Corkeley in Lincolnshire , the Town of Derby with the appurtenances , Mansfield in com' Nott ' , Stonely in Warwickshire with their appurtenances , the Wapentake of Oswardbeck in com' Nott ' , and all the Lands of Roger de Busty , with the Honour of Blythe , and all the Lands of Roger de Poictou , from Northamptom to Scotland , ( excepting that which belonged to Roger de Montbegon in Lincolnshire ) all the Lands betwixt the Rivers of Ribble and Merse in Lancashire , the Lands which he had in Demesne in the Mannor of Grimsby in com' Lincolne , and all the Lands which the Earl of Gloucester had in Demesne in that Mannor , the Honour of Eye , Nottingham , Barony , and Castle , Stafford , and the whole County of Stafford ( except the Fees of the Bishop of Chester , Earl Robert Ferrers , Hugh de Mortimer , Gervase Paganel , and the Forrest of Canoc , the Fees of Alan de Lincolne , Ernise de Burun , Hugh de Scoteny , Robert de Chalz , Rafe Fitz Oates , Norman de Verdun , and Robert de Staford . Odo , Bishop of u Baieux , William the Conquerors half Brother , had one hundred eighty-four Mannors given him in Kent , thirty-nine in Essex , thirty-two in Oxfordshire , w in Hartfordshire thirty-three , in Buckingham thirty , in Worcestershire two , in Bedfordshire eight , Northamptonshire twelve , in Nottinghamshire five , in Norfolk twenty-two , in Warwickshire six , in Lincolnshire seventy-six , amounting in the whole to Five Hundred Forty-Nine , whereof two hundred eighty he gave , saith Mr. Selden , to his Nephew de Molbraio . Earl John , x afterwards King of England , had in the Life time of King Richard the First his Brother , the Earldomes of Cornwall , Dorset , Somerset , Nottingham , Derby , and Lancaster , with the then large Possessions thereof , and had in Marriage with Isabel Daughter and Heir to the Earl of Gloucester , that Earldom , together with the Castles of Marleburgh , Ludgersel , Honours of Wallingford , Tickhil , and Eye . John Earl of Surrey , and Sussex , had in Yorkshire the great Lordship of Connigsburgh in the y Soke , whereof were near twenty-eight Towns and Hamlets , Westtune in Shropshire , in Essex twenty-one Lordships , in Suffolk eighteen , in Oxfordshire Maple , Durham , and Gaddington , in Hantshire Frehinton , in Cambridgeshire seven , in Buckinghamshire Brotone , and Cauretelle , in Huntingtonshire , Chevevaltone , with three other Lordships , in Bedfordshire four , and in Norfolk one hundred thirty-nine , and the Castle of Rigate in Surrey , Yale , and Bromfeild , with their large Extents in Shropshire , and was at the Battle of Lewes on the King's part . Ralph de z Mortimer had given him by the Conqueror in Berkshire five Mannors , in Yorkshire eighteen , besides divers Hamlets , in Wiltshire ten , in Hantshire thirteen , in Oxfordshire one , in Worcestershire four , in Warwickshire , one , in Lincolnshire seven , in Leicestershire one , in Shropshire fifty , in Herefordshire nineteen , besides the Castle of Wigmore . And Roger de Mortimer , Earl of March , a Descendant of the same House and Family , was in the Raigns of King Edward the First and Second , besides their former large Estates in Lands , seized of the Town of Droitwick , and Chace of Malverne in com' Wigorn ' , the Chase of Cors in com' Glou ' , the Castle of Trym in Ireland , with its large Territory and Appurtenance , and in VVales the Castles of Kentlies , Dominion of Melenith and Comott , of Duder , Castle of Radnor , with the Territory of VVarthre , and Mannors of Prestmede ( or Presteigne ) and Kineton , Castles of Ruecklas , and Pulith , Castles and Lordships of Bledleveny and Bulkedinas , Castle and Mannor of Nerberth , Comots of Amgeid , and Pennewick , Castles and Dominions of Montgomery and Bulkedinas , Mannor and Hundred of Cherbury , Castle of Dolvaren , and Territory of Redevaugh , Town and Territory of Ewyas , Castles of Kery and Rodewin , Castle of Dynebegh , Castle and Cantred of Buelch , Comots of Ros , Rowenock , Konuegh , and Diomam , and in Somersetshire the Castle of Brugwater , with three Mannors , Bayliwick of the Forrests of North Pederton , Exmore , Noreech , Chich , Mendip , and Warren of Somerton , three Mannors in Kent , one in com' Buck ' , and one in Staffordshire , and kept in his House a constant Table , in imitation of King Arthurs Round Table , for one hundred Knights . King Henry the Third , after the Battle of Evesham , gave unto his Son Edmond to hold to him and the Heirs of his Body the Earldom , Honour , and Lands of Leicester , and Stewardship of England , the Earldom , Honour , and Lands with the Castles , Mannors , and Lands of Robert de Ferrers Earl of Derby , and Nicholas de Segrave , the Custody of the Castles of Caermarden and Cardigan , and Isie of Lundy , the Castle of Sherborne in com' Dors ' , the Castle of Kenilworth in com' VVarwick , with all the Lands thereunto belonging , the Honour , Earldom , Castle , and Town of Lancaster , and was Count Palatine thereof , with their Appurtenances , together with the Castle of Tutbury , with its great Appurtenances in the County of Stafford , the Honour and Castle of Monmouth , the Honour , Town , and Castle of Leicester , with all the Lands and Knights Fees which Symon de Montfort had . Whose Son and Heir Thomas Earl of Lancaster , having as an addition to the great Estates in Lands , remaining unto him after his Father , divers other Mannors , Lands , and vast Possessions in the Right of Alice Daughter and Heir of Lacy Earl of Lincolne , appertaining to that Earldom , gave costly Liveries of Furrs , and Purple to Barons , Knights , and Esquires attending in his House , or place of Residence , and paid in the 7th . Year of the Raign of King Edward the Second , Six Hundred Twenty-Three Pounds , Sixteen Shillings , Six Pence , ( when a little Money went as far as a great deal now ) to divers Earls , Barons , Knights , and Esquires for Fees , and being in great Discord with King Edward the Second his Nephew concerning Gaveston , the two Despencers a Father and Son his Favourites , and some Grievances of the Nation complained of , and the Pope having sent two Cardinals into England , to endeavour a Pacification betwixt them , they with the King , Queen , Arch-Bishop of Canterbury , all the Bishops Cum Comitibus , Baronibus & Magnatibus Regni went to Leicester to have an Enterview and Treaty with the said Thomas Earl of Lancaster , whither the King being come , saith the Historian , Occurrit ei Thomas Comes Lancaster die ei ex hac parte praefixo apud Sotisbrig stipatus pulcherrimâ multitudine hominum cum equis , quod non occurrit quempiam retroactis temporibus vidisse aliquem Comitem duxisse tàm pulchram multitudinem hominum cum equis sic benè arraitorum scilicet 18. mille , cùmque Rex & Comes obviarent , sine magna difficultate osculati sunt , & facti sunt chari Amici quòad intuitum circùm astantium . In Anno 46. Henry the Third , the King b granted to John Earl of Richmond the Honor and Rape of Hastings in com' Sussex , and in Anno 29. the Honor of Eagle and Castle of Pevensey in com' Sussex , to whose Ancestors William the Conqueror had before granted all the Northern part of the County of York called Richmond , being formerly the Possessions of Earl Edwyn , a Saxon. Percy , a c great Baron in Northumberland , and the Northern parts , had thirty-two Lordships in Lincolneshire , in Yorkshire eighty-six , besides Advowsons , Knights Fees , free Warrens , &c. and was on the King's part at the Battle of Lewes . Richard Earl of Cornewall had in the 11th . of Henry the Third , a Grant of the whole County of Rutland , in Anno 15. of the Castle and Honor of Wallingford , with the Appurtenances , and the Mannor of Watlington , all the Lands in England , which Queen d Isabell the King's Mother held in Dower , the whole County of Cornewall with the Stanneries and Mines , the Castle and Honor of Knaresburgh in the County of York , the Castle of Lidford , and Forrest of Dertmore , the Castle of Barkhamsteed , with the Appurtenances in the County of Hartford , with many Knights Fees , Advowsons , free Warrens , Liberties , &c. In the Raign of Henry the Third , William de Valence , afterwards Earl of Pembroke , was seized of the Castle of Hartford with the Appurtenances , of the Mannors of Morton and Wardon in com' Glouc ' , Cherdisle , and Policote in com' Buck ' , Compton in com' Dors ' , Sapworth , Colingborow , Swindon , Jutebeach , and Boxford in com' Wilts ' , Sutton , and Braborne in com' Kanc ' , and of divers Mannors and Lands in the Counties of Surrey and Sussex . Robert de Todeney , e Father of William de Albini , built the Castle of Belvoir , and had seventy-nine Mannors with large Immunities and Priviledges thereunto belonging . Beauchamp of Elmeley , of whom the Earls of Warwick of that Name were descended , had by the Grant of King Henry the First bestowed upon him all the Lands of Roger de Wircester , with many Priviledges to those Lands belonging , and likewise the Shrievalty of Worcestershire to hold as freely as any of his Ancestors had done , had the Castle of f Worcester by Inheritance from Emelin de Ubtot , the Mannors of Beckford , Weston , and Luffenham in com' Rutland , executed the Shrievalty of Warwickshire , in 2d . Henry the Second , so also in Gloucestershire , from the 3d. to the 9th . Inclusive for Herefordshire , from the 8th . to the 16th . certified his Knights Fees to be in number Fifteen , had by Marriage and his Inheritance , the Honor and Castle of Warwick with Wedgenock Park , and all those vast Possessions of the Earldom of Warwick , enjoyed by Earl Walleran or Mauduit Baron of Hanslap his Heir . Bolebeck of the County of Buckingham , at the time of William the Conqueror's Survey , was seized of Ricote in com' Oxon ' , Waltine in com' Hunt ' , and of Missedene , Elmodesham , Cesteham , Medeinham , g Broch , Cetedone , Wedon , Culoreton , Linford Herulfmede , and Wavendon in com' Buck ' , and in 11th . Henry the Third , one of that Family certified his Knights Fees holden of the King to be eight , of the Earl of Buckingham twenty . Another of the same Name and Family , in the County of Northumberland , was enfeoffed of divers Lordships by King Henry the First , one of whose Descendants in 12. Henry the Second , certified his Knights Fees de veteri feoffamento to be four and a half , and three and two Thirds de novo , and left Issue by Margaret his Wife , one of the Sisters and Coheirs of Richard de Montfichet , a great Baron of Essex , Hugh de Bolebeck , who in 4. Henry the Third was Sheriff of Northumberland , and possessed of twenty-seven Mannors in that County , with the Grange of Newton , and the Moyety of Bywell . The Lord Clifford and his Descendants was then and not long after seized of the Borough of Hartlepole in the Bishoprick of Durham , three Mannors in h Oxfordshire , three in Wiltshire , Frampton , and part of Lece in com' Glouc ' , seven in com' Heref ' , Corfham , Culminton , and three other Mannors in com' Salop ' , the Castle of Clifford in com' Heref ' , Mannor of Temedsbury or Tenbury , and five other Mannors in com' VVigorn ' , Castle and Mannor of Skipton in Craven , Forrest of Berden , the Chase of Holesdon , the Towns of Sylesdon and Skieldon , with the Hamlets of Swarthowe and Bromiac , third part of the Mannor and Priory of Bolton in com' Eborum ' , Mannors of Elwick , Stranton , and Brorton in com' Northum ' , Castles and Mannor of Apleby , Burgh , Pendragon , and Bureham , the Wood of Quintel , twenty-four Mannors , and the Moiety of the Mannor of Maltby in the County of Cumberland , the Mannor of Duston , and eighteen other Mannors in the County of VVestmoreland , together with the Shrievalty of that County to him and his Heirs , descended unto him from the Baron of Vipont . VVilliam de Peverell , an illegitimate Son of VVilliam the Conqueror , had in the 2d . Year of his Raign ( when all places of Trust and Strength were committed to the King 's chiefest Friends and Allies ) the Castle of Nottingham , then newly Built , given unto him , and with it , or soon after , divers Lands in several Counties of a large Extent ; for by the general Survey it appears , that he had then forty four Lordships in Northamptonshire , two in Essex , two in Oxfordshire , in Bedfordshire two , in Buckinghamshire nine , in Nottinghamshire fifty-five , with forty-eight Trades-Mens Houses in Nottingham , at Thirty-Six Shillings Rent per Annum , seven Knights Houses and Bordars ( of which the Honor of Peverell did consist ) in Derbyshire fourteen , and six in Leicestershire . Roger de Montgomery , Earl of Shrewsbury , had in the Reigns of VVilliam the Conqueror , and his Son VVilliam Rufus , besides great Possessions in Normandy , in VViltshire three Lordships , in Surrey four , in Hantshire nine , in Middlesex eight , in Cambridgeshire eleven , in Hartfordshire one , in Gloucestershire one , in Worcestershire two , in Warwickshire eleven , in Staffordshire thirty , in Sussex seventy-seven , with the City of Chichester , and Castle of Arundell , i and in Shropshire very many , near all that County , with the Castle and Town of Shrewsbury . Odo , Earl of Albermarle and Holderness , had shortly after the Conquest , given him by William the Conqueror , the large Territory of Holderness , with fifteen Mannors or Lordships in other Counties that would bear Wheat , because he alledged that of Holderness would bear only Oates , and had in the Raign of King Henry the Third , the Barony of Skipton in Craven , k with sixteen Knight-Fees , a Moyety of the Forrest of Allerdale Caldebec , with the Mannor of Cockermouth in the County of Cumberland , the Bond Service of the Tenants in Freston , a Member of Brustwick in Holderness , and in the right of Isabell his Wife , the Castle of Carisbrooke and Isle of Wight . Robert l de Stafford was shortly after the Conquest seized of two Lordships in Suffolk , one in Worcestershire , one in Northamptonshire , twenty in Lincolneshire , twenty-six in Warwickshire , with eighty-one in Staffordshire . Walter m de Eureux had shortly after the Conquest two Lordships in Dorsetshire , three in Somersetshire , one in Surrey , one in Middlesex , two in Hantshire , two in Hartfordshire , two in Buckinghamshire , and thirty-one besides the Mannors of Saresbury and Ambresbury in Wiltshire , and as Sheriff of that County received in Rent one hundred and thirty Hogs , thirty-two Bacons , two bushels and sixteen gallons of Wheat , and as much in Barley , bushells and eight gallons of Oates , thirty-two gallons of Honey or sixteen Shillings , four hundred and forty-eight Hens , one thousand and sixty Eggs , one hundred Cheeses , fifty-two Lambs , two hundred Fleeces of Wool , having likewise one hundred and sixty-two Acres of arable Lands , and amongst the Reves Lands , to the value of Forty Pounds per Annum . Baldwin n de Molis , second Son to Gilbert Crispin Earl of Beton , Son of Godfrey Earl of Eu , natural Son of Richard Duke of Normandy , great Grand-Father to William the Conqueror , was one of the principal Persons of the Laity , that won much Fame at the Conquest , and Marrying Aldreda a Neice of the Conqueror , had shortly after the Castle of Exeter granted unto him , and besides Mola and Sappo had given unto him Werne in Dorsetshire , Apely , Portlock , and Mundeford in Somersetshire , one hundred and fifty-nine Lordships in Devonshire , and nineteen Houses in Exeter . To whose eldest Son Richard was also given the whole Honor and Barony of Okehampton , with the Shrievalty of the County of Devon. Geffry Mandeville o had given him by the Conqueror in Barkshire four Mannors , in Sussex twenty-six , in Middlesex seven , in Surrey one , in Oxfordshire three , in Cambridgeshire nine , in Hertfordshire nineteen , in Northamptonshire seven , in Warwickshire two , in Essex forty , with Hurley and the Woods in Barkshire . Alan Sirnamed p Rufus , or Fergaint , Son of an Earl of Britany in France , had given him by William the Conqueror the Northern part of the County of York called Richmond , which with what he had in Yorkshire made one hundred and sixty-six Lordships , besides the Castle of Richmond , one called the Devises in Wiltshire , in Essex eight , in Hartfordshire two , in Cambridgeshire sixty-three , with ten Burgages in Cambridge , in Herefordshire twelve Mannors , in Northamptonshire one , in Nottinghamshire seven , in Norfolk eighty-one , and in Lincolneshire one hundred and one . Together with many others of the Norman Nobility , and Adventurers , who had great quantities of Lands and Possessions given unto them by that Conquerour of England . And some of our English Nobility were so Great , Magnanimous , and Munificent , q as at the Coronation of King Edward the First , when Alexander King of Scotland his Brother-in-Law came from thence to Westminster , to be present and do him Homage , Sir Edmond Earl of Kent the King's Brother , the Earls of Cornewall , Gloucester , Pembroke , and Earl Warren , each of them by themselves , Led on their Hands one hundred Knights disguise in their Armes , and whame they weren alyght of theyr Horse , they let them goo whedyr they wolde , and they that cowd them take had them stylle at their own lyking . The great Ancestors of whom , as well as those that stood with or against King Henry the Third , or were but as sad Spectators of those tragick Wars , had in their Hospitalities , and huge quantities of Lands holden of them , as may appear by their Certificates of Knights Fees recorded in one part of the Book called the Red-Book of the Exchequer , happily preserved from the Conflagration or great London Fire , several Forrests , Parks , and Chases , with multitudes of Castles in some of their Possessions , had been the Procurers of many of their own and the common peoples Liberties and Priviledges in the often confirmed Magna Charta , and Charta de Foresta , with divers great Priviledges , Fairs , and Markets , and had given unto them large Commons of Pasture and Estovers , and by their Grants of Markets and Fairs , and likewise by their very many Advowsons , and Patronages of Churches of a great part of which they had been the Founders , Builders , and glebe Endowers , had to their Spiritual Estates laid upon the Commonalty as great Obligations of Gratitude , as they had in the before-recited Temporal Favors and Benefits ; besides their granting of Leases of part of their demesne Lands at small Rents , with reservation of some Service , in permitting their Charity and good Will in Copy-hold Lands to Tenants or Servants , or their Widdows or Children , which at the first was but at the Will of the Lord , or for Life or Years to continue and breed into a custom of Inheritance , Secundum consuetudinent manerii , and enfranchised and made many of them Free-holders , permitted many Copy-hold Fines incertain to be made certain , where they had been anciently at the Will of the Lord , and to be limited by the Chancery or Courts of Justice , to the Rent of two Years improved Value , and when they do in these later times demise any part of their demesne Lands to a Tenant for twenty-one Years , now that the legal Usury or Interest for Money is but six per cent . for ten Years purchase do take , ( as many Landlords do now Money before hand at a chargeable Interest ) and next to the manifold reiterated Blessings of the God of Heaven and Earth , together with the favours and benefits of the Elements , and superior Regions , and astral Influences , by and under the divine Providence , were as much Blest and Happy under their Kings , Princes , Bishops , and Nobility , as any Nation or common People of the World could be , or expect to be , in their Properties , Liberties , Protection , and Priviledges , whom those great Barons , and Lords Spiritual and Temporal could not imagine , would ever be able either to forget the Good , which they and their Fore-Fathers had received , and they and their after-Generations were like to enjoy under them ; or get loose from those many great Ties and Obligations of a never-to-be-forgotten Gratitude , which they had upon them , but thought themselves very secure from any danger that might happen by any of their Incroachments or Usurpations , by placing any Power , or but a Semblance of Authority for once in the lower Ranks of the People ; nor could have believed , that the common People of England , after their solemn Protestations to preserve them , and the Government , could after the Murder of their King in their last horrid Rebellion , have Voted them to be useless and dangerous , and being unwilling to leave any of the Divels their Masters business unfinished , did solemnly enforce the deluded Seditious People , under as many severe Penalties as they could lay upon them , not any more to submit to any Government by a King and House of Lords , to whom our Kings had given no Power to make their own Choice , but lodged and onely entrusted it in the Sheriffs , many of which the rebellious Barons had by Usurpation r of the King's Authority provided before hand to be at this present of their own Party , or were like to be so , or under their Awe and Guidance , wherein they were perceived by the King some Years before , upon their ill-gained Provisions at Oxford , to have been very diligent in making Sheriffs of their own Party , those great Offices being in those times and many Years before , and some few Years after , alwayes put into the Hands and Trust of the Baronage , or Men of great Estate and Power . Whose Number by Tenures , and Summons by Writs to our King 's great Councels or Parliaments , Creations or Descents , accounted in the Raign of King Henry the Third , to be no less than Two Hundred and Forty , if not many more , and like the tall and stately Cedars of our Nation might well deserve the Titles of Proceres and Magnates , especially when many or most of them were in their Greatness , Goodness , and Authority in their several Stations , like the Tree which Nebuchadnezzar s saw in his Vision high and strong , The height whereof reached to the Heaven , the leaves were fair , and the fruit thereof much , the beasts of the field had shadow under it , and the fowles of the heaven dwelt in the boughs thereof , and as ex pede Herculem , the Length and Greatness of Hercules's Foot , declared the vast Proportion and Magnitude of the residue of his Body , it was easy to compute , how little were then the Common People , how great the Nobility , whom the Brittaines ancient Inhabitants of our Isle , as the Learned Francis Junius the Son of the no less Learned Francis Junius hath observed , justly stiled them Lhafords Lords , and their Wives Lhafdies Ladies , because they usually gave Bread and Sustenance to those that wanted it , gave License of Marriage to the Widdows of their Thanks by Knight Service , punished their Tenants , so holding their Lands by Writ Cessavit per Biennium , and a Forfeiture if not redeemed was Entituled to a Writ of Contra formam Collationis for not performing the Duties and Offices of their Endowments , and the large Revenues and Emoluments appropriated thereunto . And with the many Accessions , and Devolutions of other Mannors , Lands , Revenues , Estates , Baronies , Titles of Honour , and Offices of State , by Marriages , Descents in Fee , or remainders in Fee-tail , munificent Guifts and Grants of their Kings and Princes , upon Merit and great Services done for them and their Country , or by Purchases guarded by the strength of the Statute De donis t Conditionalibus , made in the 13th . Year of the Raign of King Edward the First , with the Tye and Obligation of their Tenures , and the Restraints of Alienation , made them to be such Grantz & Magnates , as the common People did in their Disseisins , Intrusions , and Outrages done one unto another , which in the elder times were very frequent , colour and Shelter u those Injuries by or under some Title or Conveyances made unto some of the Nobility or great Men of the Kingdom , which caused some of our Kings to grant out Commissions of Ottroy le Baston , vulgarly called Trail Baston , to find out and punish such Evil doings , and by the making of some of our later Laws , to restrain the giving of Liveries , so as until the Writs of Summons granted by King Edward the First , in the 22d . Year of his Raign , to Elect some Knights of the Shires , Citizens , and Burgesses , to give their Assent in Parliaments to such Laws and Things , as by the advice of his Lords Spiritual and Temporal should advise , should by him be ordained ( there having been an Intermission of those , or the like kind , of Writs of Summons from the first Contrivance thereof , in the time of the Imprisonment of King Henry the Third , in the 49th . Year of his Raign ) it was and ought to be believed , as a matter or thing agreeable to Truth , right Reason , and the Laws and Records of the Kingdom , that the Commons and Freeholders of England were long before , and for many Ages past , as ancient as the British Empire and Monarchy , were to be no part of our Great Councels or Parliaments , were never Summoned or Elected to come thither , but had their Votes and Estates , and well Being , as to those great Councels , included in the Lords Spiritual and Temporal , and as to their assent or dissent , good or ill liking represented by them , and retaining their well deserved Greatness , were so potent and considerable , as Gilbert de Clare Earl of Gloucester , could after the Battle of Evesham , where he had Fought for the King , March with a formidable Army , composed for the most part of his own Servants , Tenants , Reteiners , and Dependants from the Borders of Wales to London , quarrel and capitulate with his King , that had been but a little before extraordinary Victorious , and with John Warren Earl of Surrey , did after the Death of King Henry the Third , before the Return of his Son Prince Edward from the Wars in the Holy-Land , to take the Crown upon him , at the Solemnization of the Funeral of the deceased King , in the Abbey-Church of Westminster , w with the Clergy and People ( there Assembled ) without their License and Election , go up to the high Altar , and swear their Fealty to the absent King Edward the First his Son. So beloved , feared , and followed , as the great Earl of Warwick was said in some of our Histories to have been the Puller down , and Setter up of Kings , could with the Earl of Oxford in the dire Contests betwixt King Henry the Sixth , and Edward the Fourth , for the Crown of England , rescue and take by force King Henry the Sixth out of the Tower of London , where he was kept a Prisoner , attend him in a stately and numerous Procession to the Cathedral Church of St. Paul , the one carrying up his Train , and the other bearing the Sword before him to the Church , where they Crowned him , and after a Frown of Fortune , did stoutly , by the help of the Lancastrian Party , give Battle to King Edward the Fourth at Barnet-field , where but for a Mistake of Oxford's and Warwick's Soldiers , and their Banners and Badges , fighting one against the other in a Mist , instead of King Edward the Fourth's Men , they had in all Probability prevailed against him . And the Interest , Alliance , and Estate of that Earl of Oxford was so great notwithstanding shortly after in the Kingdom , as although he had very much adventured , suffered and done for King Henry the Seventh , led the Vanguard for him at Bosworth field against King Richard the Third , and eminently deserved of him , as the Numbers and Equipage of his Servants , Reteiners , Dependants , and Followers did so asfright that King , and muster up his Fears and Jealousies , as being sumptuously Feasted by him at Hedingham Castle in Essex , where he beheld the vast Numbers , goodly Array , and Order of them , he could not forbear at his Departure telling him , That he thankt him for his good Cheer , but could not endure to see his Laws broken in his Sight , and would therefore cause his Attorney General to speak with him ; which was in such a manner , as that magnificent and causelesly dreadful Gallantry did afterwards by Fine or Composition cost that Earl Fifteen-Thousand x Marks . Did notwithstanding their great Hospitalities , Magnificent manner of Living , founding of Abbies , Monasteries , and Priories , many and large Donations of Lands to Religious Uses , and building of strong and stately Castles and Palaces , make no small addition to their former Grandeurs , which thorough the Barons Wars , and long lasting and bloody Controversies betwixt the two Royal Houses of York and Lancaster , did in a great Veneration , Love , and Awe of the Common People , their Tenants , Reteiners , and Dependants , continue in those their grand Estates , Powers , and Authorities , until the Raign of King Edward the Fourth ; when by the Fiction of common Recoveries , and the Misapplied use of Fines , and more then formerly Riches of many of the common People , gathered out after the middle of the Raign of King Henry the Eighth , by the spoil of the Abbey , and religiously devoted Lands , in which many of the Nobility by Guifts and Grants of King Henry the Eighth , King Edward the Sixth , and Queen Elizabeth , in Fee or Fee-tail had very great shares , brought those great Estates of our famous English Baronage to a lower condition , than ever their great Ancestors could believe their Posterities should meet with , and made the Common People , that were wont to stand in the outward Courts of the Temple of Honour , and glad but to look in thereat , fondly imagine themselves to have arrived to a greater degree of Equality than they should claim , or can tell how to deserve . And might amongst very many of their barbarously neglecting Gratitudes remember , that in the times in and after the Norman Conquest , when Escuage was a principal way or manner of the Peoples Aides , especially those that did hold in Capite or of Mesne Lords under them , to their Soveraign for publick Affairs or Defence , the Lords Spiritual and Temporal being then the only parts of the Parliament under their Soveraign , & the sole Grand Councel of the Kingdom under him , did not only Assess in Parliament , and cause to be leavied the Escuage , but bear the greatest part of the Burden thereof themselves , that which the common People did in after times in certain proportions of their Moveables , and other Estates , or in the Ninth Sheaf of Wheat , and the Ninth Lamb , being until the Dissolution of the Abbies and Monasteries in the latter end of the Raign of King Henry the Eighth , when they were greatly enriched by it , did not bear so great a part of the Burdens , Aides , or Taxes , or much or comparable to that which lay upon the far greater Estates of the Nobility , there having been , in former Times , very great and frequent Wars in France and Scotland ; & no Escuage , saith Sir y Edward Coke , hath been Assessed by Parliament since the 8th . Year of the Raign of King Edward the Second . Howsoever the Commons , and Common People of England ( for all are not certainly comprehended under that Notion ) their Ancestors before them and their Posterities and Generations to come after them , lying under so great and continued Obligations , and bonds of an eternal Gratitude and Acknowledgement , to the Baronage and Lords Spiritual and Temporal of England and Wales , for such Liberties and Priviledges as have been granted unto them , with those also which at their Requests and Pursuits have been Indulged or Permitted unto them by our and their Kings and Princes successively , will never be able to find and produce any Earlier or other Original for the Commons of England , to have any Knights , Citizens , or Burgesses , admitted into our Kings and Princes great Councels in Parliament , until the aforesaid imprisonment of King Henry the Third , in the 48th . and 49th . Year of his Raign , and the force which was put upon him by Symon Montfort Earl of Leicester , and his Party of Rebels . SECT . XII . That the asoresaid Writ of Summons made in that King's Name to Elect a certain Number of Knights , Citizens , and Burgesses , and the Probos homines , good and honest Men or Barons of the Cinque Ports , to appear for or represent some part of the Commons of England in Parliament , being enforced from King Henry the Third , in the 48th . and 49th . Year of his Raign , when he was a Prisoner to Symon de Montfort Earl of Leicester , and under the Power of him , and his Party of rebellious Barons , was never before used in any Wittenagemots , Mikel-gemots , or great Councels of our Kings or Princes of England . FOr , saith the very learned and industrious Sir William Dugdale Knight , Garter King of Armes , unto whom that Observation by the dates of those Writs is only and before all other Men to be for the punctual , particular , express , and undeniable Evidence thereof justly ascribed , which were not entered in the Rolls ( as z all or most of that sort have since been done ) but two of them , three saith Mr. William Pryn , instead of more in Schedules tacked , or sowed thereunto : For although Mr. Henry Elsing , sometimes Clerk to the Honourable House of Commons in Parliament , in his Book Entituled , The ancient and present manner of holding Parliaments in England , a Printed in the Year 1663. but Written long before his Death , when he would declare by what Warrants the Writs for the Election of the Commons assembled in Parliament , and the Writ of Summons of the Lords in Parliament were procured , saith , That King Henry the Third , in the 49th . Year of his Raign , when those Writs were made , was a Prisoner to Symon de Montfort , and could not but acknowledge , that it did not appear unto him by the first Record of the Writs of Summons now extant , by what Warrant the Lord Chancellor had in the 49th . Year of the Raign of that King , caused those Writs of Summons to Parliaments to be made . Howbeit most certain it is , saith Sir William Dugdale , That those Writs of Election , made in the Name of King Henry the Third , to send Knights and Burgesses to the Parliament , were by a Force put upon his Great Seal of England , as much as upon himself , when they had him as a Prisoner of War in their Custody , and kept him so , as our Chronicles , Historians , and Annals b have Recorded it , for an Year and a quarter , carrying him about with them to countenance their rebellious Actions ; for the Battle of Lewis , wherein he was made a Prisoner , was upon the 14th of May in the 48th . and that of Evesham , which released him , the 4th . day of August , in the 49th . Year of his Raign . And there is no Testimony c or Record to be found of any other the like Writ of Election made afterwards , untill the 22d . Year of King Edward the First , although there were several Parliaments , or Magna Concilia convocated , and held in the mean time ; and if our Ancestors had not been so misled and abused by the Rebels in the Raign of King John , and his Son King Henry the Third , there are enough yet alive , who can sadly remember , how a more transcendantly wicked hypocritical Party have since adventured to make out and frame , until they had Murthered him , counterfeit Writs , Commissions , and Summons of Parliament , in the Name of our Religious King CHARLES the Martyr , and make as much as they could His Royal Authority to Fight against His Person . And there is no Certainty or pregnant Evidence , saith Mr. William Pryn , who being a Lawyer , and a long and ancient Member of the House of Commons in Parliament , did so much adore the Power and Preheminence thereof , as adventuring the Loss of his Estate , Body and Soul with them therein , could find no better a Foundation or Pedigree to bestow upon them , than the Captivity and Imprisonment of a distressed unfortunate King , but saith , That there were not any Knights , Citizens , Burgesses , or House of Commons , in the Confessors , or Conquerors Raigns , or any of our Saxon or Danish Kings ; nor before the latter end of King d Henry the Third's Raign ; for although Polydore Virgill , and others do refer the Original of our Parliaments to the Council holden at Salisbury in the 16th . Year of King Henry the First , there is not one Syllable in any of our ancient Historians concerning Knights , Citizens , and Burgesses present in that Councel , as saith the Learned Sir Henry Spelman , in these words , viz. Rex perindè qui totius regni Dominus est Supremus , regnumque universum tàm in personis Baronum suorum quàm è subditorum Ligeancia ex jure Coronae suae subjectum e habet , Concilio & assensu Baronum suorum Leges olim imposuit universo regno , & consentire inferior quisque visus est in persona Domini sui Capitalis , prout bodiè per Procuratores Comitatûs vel Burgi , quos in Parliamento Knights and Burgesses appellamus , Habes morem veteram quem Mutâsse ferunt Henricum Primum Anno regni sui sextodecimo , plebe ad concilium Sarisberiense tunc accitâ , haec vulgaris opinio , quam typis primus sparsit Polydorus Virgilius , acceptam subsequentes Chron●graphi , nos ad authores illius seculi prouocamus . And refuting that Opinion f by Neubrigensis ( who lived about that time , and relates the purpose of that Great Councel in these words , Facto concilio eidem Filiae suae susceptis vel suscipiendis ex eis nepotibus ab Episcopis Comitibus Barombus & omnibus qui alicujus videbantur esse momenti ; and likewise by Florentius Wigorniensis , Eadmerus and Huntington , further saith , Ludunt qui Parliamenta nostra in his quaerunt sine ut sodes dicam collegisse mecentenas ( reor ) conciliorum coitiones , tenoresque ipsos plurimorum ab ingressu Gulielmi 1 mi ad excessum Henrici 3 i existentium , nec in tanta multitudine de plebe uspiam reperisse aliquid , ni in his delituer it Seniores , sapientes populi , which he conceives to be only Aldermanni , Sapientes or Barones , & Magnates regni , not the Commons . And it hath been well observed by the learned Author of the Notae & Adversaria in historiam Mathaei Parisiensis , That in the ancient Synods , before the subduing of England by William Duke of Normandy , conficiebantur chartae donationum publicae & de gravaminibus Reipublicae brevitèr inter Regem & Magnates , Episcopos & Abbates consultabatur , id enim tunc dierum erat Synodus quod nunc ferè Parliamentum , nisi quod non rogabantur leges per plebiscita , nec sanciebantur Canones per suffragia minoris Cleri . And was as novel and new , as it was unexpected , no such Writ having ever before been framed or made use of , to such or any the like purpose . And Mr. Selden likewise saith , That the Earls and Barons mentioned or directed by those compelled then Writs of Summons , to come to that pretended Parliament , were only the Earls of Leicester , Gloucester , Oxford , Derby , Norfolk , Roger de Sancto Johannis , Hugh le Despencer , Justiciar ' Angliae , Nicholas de Segrave , John de Vescy , Robert Basset , G. de Lucy , and Gilbert de Gaunt . Of which the Earls of Leicester , Gloucester , Norfolk , Oxford , and Derby , were notoriously known to have been in open Armes and Hostility against the King. The whole Number of the Temporal Lords therein named , not amounting unto more than Twenty-Three , with a Blank left for the Names of other Earls and Barons , which have not been yet inserted or filled up . And all the other , which were in that constrained Writ of Summons particularly and expresly named , were no other than H. de le Spencer , Justicar ' Angliae , John Fitz-John , Nicholas de Segrave , John de Vescy , Rafe Basset de Drayton , Henry de Hastings , Geffery de Lucie , Robert de Roos , Adam de Novo Mercato , Walter de Colvill , and Robert Basset de Sapcott , which together with the then Bishops of London , and Worcester , Symon de Montfort Earl of Leicester , and Steward of England , H. de Boun juvenis , Peter de Monteforti , & S. de Monteforti juvenes , Baldwin Wake , William le Blond , William Marescallus , Rafe de Gray , William Bardolff , Richard de Tany ( or Tony ) and Robert de Veteri Ponte , made up the Number of the opposite Party to that King in the aforesaid Reference to the King of France . And Mr. Selden g hath observed , That the Preambles of the ancient Parliament-Writs , for the Snmmoning of the Baronage , sometimes so varied , that some eminent occasions of the calling of the Parliament were inserted in the Writs h to the Spiritual Barons , that were not in those to the Temporal , and often times no more than a general and short Narrative of our King's Occasion i of having a Parliament with much variation in the Writs of that nature , with many differences of slighter Moment expressed , and sometimes in all a Clause Against coming attended with Armes , and that until the middle of the Raign of King Richard the Second , when the Dukes , Earls , and Barons , were Created by Letters Patents of our Kings ; the Names of the Barons to be Summoned in Parliament , were Written from the King 's own Mouth at his Direction and Command ; and in that agreeth with Mr. Elsing , who saith , It was ad libitum Regis , for surely none but the King can Summon a Parliament , and that was the reason that Henry the Fourth , having taken King Richard the Second his Leige and Lord Prisoner , the 20th . day of August , in the 21st . Year of his Raign , did cause the Writ of Summons for the Parliament , wherein he obtained the Crown to bear Date the 19th . day of the same Month , for the Warrant was Per ipsum Regem & Concilium , and himself to be Summoned by the Name of Henry Duke of Lancaster . SECT . XIII . That the Majores Barones regni , and Spiritual and Temporal Lords with their Assistants , were until the 49th . Year of the Raign of King Henry the Third , and the constrained Writs issued out for the Election of Knights , Citizens , and Burgesses , whilst he was a Prisoner in the Camp or Army of his Rebellious Subjects , the only great Councel of our Kings . FOr the Barons of England , viz. the Lords . Spiritual and Temporal , with some other wise and selected Men , which our Kings did anciently , and upon Occasions call into that Assembly , were the Great Council of the Kingdom , and before and from the Conquest , until a great part of the Raign of King Henry the Third ( in whose dayes , saith Mr. Elsing , it is thought the Writs for Election of Knights and Burgesses were framed ) made the Great Councel of the Kingdom , and under the name of Barons , not only the Earls , but the Bishops also were comprehended , for the Conqueror Summoned the Bishops to those great Councels , as Barons ; and in the Writ of Summons ( made as aforesaid in the Captivity and Troubles of King Henry the Third ) we find the Bishops and Lords with some Abbots and Pryors to be the Councellors , and the Commons only called to do , perform , and consent unto what should be ordained . And Mr. Selden , and Sir Henry Spelman have by divers Instances , and warrantable Proofs declared unto us , That the Bishops , and Lords only were admitted into the Wittenagemots , or great Councels , which were wont in and after the Raigns of the k Saxon Kings to be kept at the three great Festivals in the Year , viz. Easter , Whitsontide , and Christmass , l when the Earls and Barons came to pay their Respects and Reverence to their Soveraign , and give an Account of what was done , or necessary to be known or done in their several Provinces and Charges , and what was fit to be Consulted thereupon , and were then accustomed to meet , and Assist their Kings and Soveraigns with their Advice and Counsel . Which m was so constantly true , as Antecessores Comitis Arundel solebant tenere manerium de Bylsington in com' Kanc. quod valet per Annum 30. l. per Serjeantiam essendi Pincernam Domini Regis , in die Pentecostes , & Ela Comitissa Warwick tenuit manerium de Hoke Norton in com . Oxon , quod est de Baronia de Oyley de Domino Rege in capite per Serjeantiam scindendi coram domino Rege die Natalis Domini & habere Cultellum domini Regis de quo scindit . Roger de Britolio Farl of Heresord , being in Armes and open Rebellion against King William the Conqueror taken Prisoner , and Condemned to perpetual Imprisonment , wherein though he frequently used many scornsul , and contumelious words towards the King , yet he was pleased at the Celebration of Faster in a solemn manner ( as then was usual ) to send to the said Earl Roger then in Prison his Royal Robes , who so disdained the Favour , that he forth with caused a great Fire to be made , and the Mantle , the inner Surcoate of Silk , and the upper Garment lined n with precious Furs to be Burnt , which being made known to the King he became displeased , and said , Certainly he is a very proud Man , who hath thus abused me , but by the Brightness of God he shall never come out of Prison , as long as I live ; which was fulfilled . In Anno 1078 William Rufus tenuit curiam in natali domini apud London & Rex Anglorum Willielmus , cognomento Rufus , gloriose curiam suam tenuit ad Natale apud Gloverniam , ad Pascham apud Wintoniam , & apud Londonias ad Pentecosten . Et hic Concessus Ordinum regni , saith Sir John Spelman , Sive totius regni Repraesentatio ( quod intelligere convenit ) ab Alfredo certis quidem vicibus , & ijs ordinariis , o non quasi ejusdem formae & celebritatis esset , cujus & hodierna Comitia , quae Parliamentum vulgò dicuntur , sed ut quantum est in Anglia terrarum tunc aut unum omninò Regis erat , aut Comitun ejus atque Baronum , & qui sub illis agros colerent eos Clientelari atque precario jure possederint , ut qui toti ab nutu dominorum penderent , ità quicquid ab isto tempore ab Rege , Comitibus ejus atque Baronibus constitutum est , toto regno sancitum erat , velut ab ijs transactum quibus in caeteros suprema & absoluta potestas esset , adeoque reliquorum seu clientium & mancipiorum jura includeret . Episcopos quod attinet hi magnis hisce Concilijs nunquam non intersuerunt suisque suffragijs leges sanxerunt , nam praetereà illud quod ob seculares fundos Barones vel ob ipsum sacerdotis honorem sacrosancti censebantur , eâ infuper sapientiâ plerumque praestabant , ut non tantùm suffi agia Procerum aequiparârint , sed & actis omnibus venerationem atque pondus addiderint , ab hoc Regis instituto manavit ( uti videtur ) mos ille posteris Saxonibus non inusitatus , ut concilia Episcoporum atque Magnatum tèr quotannis celebrarentur , nempe ad Domini Natales , Pascha , atque Pentecosten , ad consultandum de arduis regni negotijs , neque id uno semper eodemque loco , sed ubicunque res posceret licet ferè ubi Rex cum Aulicis ageret praesens . And in our Parliaments , as well Modern as Ancient , had a deliberative Power , as the most Learned Selden hath informed us , p in advising their Kings in Matters of State , and giving their Assent in the making of Laws , and a judicial subordinate Power to their Kings in giving of Judgment in Suits or Complaints brought before them in the House of Lords , or that Magna Curia & Universitas regni , q as Bracton stiles it ; and whither in his time Causes were for difficulty adjourned from the other Courts of the Kingdom , unto which no Remedies could otherwise be given , and saith Mr. Elsing , All Judgments are given by the Lords as aforesaid , and not by the Commons . And that very ancient , long experimented and well approved Custom , appeareth not to have been discontinued or forgotten , when in the Parliament holden in the first Year of the Raign of King Henry r the Fourth , the Commons shewing to the King that Comme les Juggements du Parlement appurteignont seulement au Roy & as Seigneurs & nient as Commones ; si noun en case que sil plest au Roy de sa grace especile leur monstrer ses ditz Juggements pur ease d' eux , que nul record soit fait en Parlement encontre les ditz Communes , que sont ou serrent partyes as escunes Juggementz donez ou adonees ou apres en Parlement . A quoi leur feust respondu per l' Ercevesque de Canterbire de commandement du Roy , 〈…〉 ment mesmes les Commones sont Petitioners & demandeurs , & que le Roy & les Seigneurs de tout temps ont eves & averont de droit les Juggementz en Parlement , en manere come mesme les Comones ount Monstrez , sauvez quen Statutz Affaires ou en Grauntez & subsides ou tiel choses Affaires pur comon profit du Royalme , le Roy voit avoir especialment leur Advys & Assent , & que cel ordre de fait soit tenuz & gardez en tout temps adveniz . And the Earls and Temporal Barons , were by s vertue of their Tenures and Summons of Parliament , since the beginning of the Raign of King Richard the Second , said to be Conciliarij nati of the King and Kingdom , and the Bishops to sit there then , and long before , by reason of their Baronies ( which no Member of the House of Commons is , or can claim to be ) in our King 's great Councels or Parliament , until the framing of that aforesaid novel Writ to Elect Knights , Citizens , and Burgesses in the time of the Imprisonment of King Henry the Third , and after his Release was discontinued , and no more made use of , until the 22d . Year of the Raign of King Edward the First his Son , and the Heirs by ancient Customes of that Court , under and by the Kings Authority , do exercise in Causes and Complaints brought before them a judicial and decisive Power . And in the preceding Times and Ages , until that new Writ of Elections was contrived and imposed upon that distressed and much injured Prince ; Certissimum est , saith that learned and judicious Antiquary Sir henry Spelman , that the Nobility and Barons , which did hold immediately of the King in Capite , judicijs praefuêre Aulae Regiae , did usually sit and determine Causes or Controversies in the King's Court or Palace , as the Barons t of the Coife in the Exchequer , who were heretofore Earls and Barons , do at this day judge and determine of Matters touching the King's Revenues . And as the Lords u of Mannors in their Courts Barons do admit none to be Judges in those their little Courts , but their Tenants , who are Free-holders , and do hold of them , and being stiled and said to be of the Homage , do subserviently manage the Affairs of their Lords therein , who did very anciently use to act therein , Concilio prudentum hominum & militum suorum by their Presentments , Advice , and Judgements , and are therein not much differing from the Customs and Laws of the Longobards , where their Emperor commanded w that Nullus Miles ( nobiscum saith Sir Henry Spelman Liber homo ) sine certâ & convictâ culpâ suum beneficium perdat , nisi secundum consuetudinem Antecessorum nostrorum et judicium Parium suorum . In which , saith Sir Henry Spelman , Th 〈…〉 is an Idea of our Magna Charta , the Free-holders in the Hundred Courts being thither also called . Conformable to the League made by King Alfred with Guthrun the Dane , wherein Homicide sive de crimine alio quod quatuor marcas excederet postularetur per duodecim ex paribus , reliquos autem subditos per 11 Pares unumque ex Baronibus Regis fore judicandos . And to the Laws of our King Henry the First , wherein it was ordained , That Unusquisque per Pares judicandus est , si quis in Curia sua vel in quibuslibet agendorum locis placitum tractandum habet , convocet Pares & vicinos suos , si inter compares vicinos sint querelae conveniant ad divisas terrarum suarum , & qui prior queremoniam fecerit , prior rectum habeat , & si alias ire oporteat in Curiam domini sui eant , si unum dominum habeant , & Soca sit ejus , & illic eos amicitia congreget , aut sequestret judicium . And may seem to be derived from the Laws and Customs of the Germans , y where by the Court of Peers are understood Causarum feudalium Judices à Caefare constituti , qui sine provocatione cognoscebant , to be Judges appointed by the Emperor to hear and determine without appeal Matters concerning their Lands and Territories ; where the like usage and term of Peers in their Judicatures , Great Councels or Diets , is at this day used ( the Princes of the Empire being Paribus cu 〈…〉 ae ) and such are those of our House of Peers in Parliament , being the highest Court of the Kingdom of England , where none were admitted or did administer Justice , Nisi qui proximi essent à Rege ipsique arctioris fidei & homagij vinculo conjuncti , but such as were near unto the King , and held of him in Capite ; which kind of Tenures howsoever they were most unhappily Dissolved by a late Act of Parliament in His now Majesties Raign , for converting Tenures in Capite into free and common Socage , were by an Exception and Proviso in the said Act of Parliament , as to the Rights and Priviledges of the Peers in Parliament , specially saved and reserved unto them , who were heretofore Capitanei regni , as Sir Henry Spelman saith , Captains of the Kingdom , and Peers obliged and bound unto their Kings by Homage and Fealty in that highest and most honourable Court of the Kingdom ; wherein the Judicative Power of Parliament under their King , their Head and chief Resides , which high and honourable Assembly reverencing and taking Care for their Head and Soveraign , the only , under God , Protector of themselves , the Church , and all their worldly Concernments and Liberties . Was so much used in France , as saith a Conringius , Proceres temporibus Francorum , temporibus antiquissimis Concilio interfuisse plurimis quidem testimonijs in proclivi est ; and cites a Book written per Theganum Chorepiscopum Trevirensem de gestis Ludovici Imper ' Ca. 6. ubi de Carolo Magno Imperatore legitur , Cùm intellexisset appropinquare sibi diem obitus sui , vocavit filium Ludovicum ad se , Episcopis , Abbatibus , & Comitibus loco positis , & habuit grande colloquium cum ijs Aquisgravi , & eodem spectat procul dubiò Hinckmari ( who was a Bishop and Councellor of Charlesmaynes ) illud concilium Lodovico Baldo datum epistolam , ut rempublicam administret , ex Procerum aut Principum consensu ( nusquam Plebis mentione factâ ) unde & epistolam illam claudens Ca. 10. Scribit de generalibus Ecclesiae & Regni negotijs fine generali Procerum regni consensu & concilio secretum dare concilium nefas etiam consensum deliberare nolo . The King of Scotland hath as a Feudatory to our Kings of England in fide & ligeancia Sate in the House of Peers in Parliament , by the Summons of King Edward the Third , in the 22d . and 25th . Years of his Raign , in a Chair of State set upon his Left hand . The Arch-Bishops and Bishops do enjoy the Priviledge and Honour of being present , by reason of their Baronies , which howsoever ( some of them , not all ) were given at the first in Frank Almoigne , and as Eleemosynary are holden in Capite , & debent b interesse judicijs Curiae Regis cum Baronibus , and are not to be absent , saith the Constitution made at Clarendon in the 10th . Year of the Raign of King Henry the Second ; and that honourable Tenure of Servitium militare was accounted to be such a Tye and Duty of Service incumbent upon the Bishops , as well as the other Baronage , as any Neglect thereof was so poenal unto them , as Thomas Beckett , the then ruffling and domineering Arch-Bishop of Canterbury , notwithstanding c all the Pleas and Defences which he could make , wherefore he came not to that great Councel or Parliament when he was Commanded , was Condemned in a great Sum of Money , the Forfeiture of all his moveable Goods , to be Guilty of High Treason , and be at the King's Mercy , and the reason was given of that Judgment , for that Ex reverentia Regiae Majestatis , & ex astrictione Ligij , Homagij , quod Domino Regi fecerat , & ex fidelitate & observantiâ terreni d honoris quem ei juraverat , he ought to have come , but did not . For such kind of Courts and Councels , where Kings and Princes , with the Lords Spiritual and Temporel , as their greater Tenants in Capite , did for mutual Aid , Assistance , and Counsel assemble and meet together , have been no Novelty or new Device amongst the Cimbri , Germans , Gothes , Francks , Longobards , Saxons , and several e other Northern Nations , were brought unto us from them ; amongst whom Tenures in Capite , and by Knights-Service , more agreeable to Humanity , were justly esteemed to be a better Foundation and Subsistency of the right Power and Conservation of Soveraignty and Government , than that of the Eastern and Southern Princes was , where Dura erit servitus Dominorum , the condition of Servants was hard , and the severity of Masters , who had Potestatem vitae & necis , Power of Life and Death over their Servants , very great and rigorous , and having nothing which they could call their own , but Misery , were put to maintain their Masters Luxury out of their Labours , and enduring Vilissima ministeria , all manner of Slaveries , ab omni militia arcebantur , were not suffered to know or have the use of Armes ; but amongst the Northern Nations there was a more just and gentle Usage of the better part of their Servants , for that they did divide a great part of their Lands and Conquests amongst those their Servants and Soldiers , Pactionibus interpositis inter Dominum & servientem de mutua Tutela , with an especial care to have those Feudal Lands to remain to their Primogeniture Heirs Males , or the next Survivor of them , and saith l' Oyseau , ce fut un Droict commun , que f les Enfans masles succederoient au fief du Pere lous ensemble , & tel est le Droict des Lombards , amongst whom the Tenants were to redeem their Lords taken Prisoners with the Expence or Loss of half their Lands ; and saith Martinus g Margerus a Schomberg , Vasallus juramento fidelitatis tenetur , non solum Domino damnum per se & alios in rebus non dare , sed etiam concilium & auxilium praestare , nè damnum ab alijs incurrat . Vasallus Domino contrà fratrem succurrere tenetur . Et contrà Filium pro Domino arma suniere debeat . Et Patriam pro Domino etiam contrà Filium defendere . And the Feudal Laws were so well known here in England in King Edward the Confessors Raign , as it was accounted in his so greatly reverenced and beloved Laws , to be consonant to Justice and right Reason , that Qui sugit à Domino vel Socio suo pro timiditate belli vel mortis , in condictione Heretochij in expeditione navali sive terrestri perdat onme quod suum est , & suam ipsius vitam & manus mittat Dominus ad terram quam ei anteà ded●rat , & si terram haereditariam habeat ipsa in manus Regis transeat . And the h Nobility and Magnates , Great and Rich Men , having received those ample Favours , and Bounties from their Emperors , Kings , and Princes , and reserved some of their Demesne Lands to themselves for their own House-keeping , were so willing to Communicate it to others , as they distributed their other great quantities of Lands , and Tenements in like manner , Colonis & hominibus inferioris notae , to their Friends , Servants , and followers under the various Tenures of in Capite by Knights Service , Soccage , Castle-Guard , and Copy-holds , Burgage , grand and petit Serjeanty , and were also to attend their Lords , and Donors in the Service of their Prince , which was wont to be carefully excepted , in all their Oaths of Homage and Fealty made unto their Mesne Lords , and Antiquissimo tempore sic erat i in Dominorum potestate connexum , ut quando vellent , possunt auferre rem in Feudum à se datam ; and such an Harmony , and great Obligations of Bodies , Souls , and Consciences , Lands , Estates , Dependance , and Protection could be no other but a very great Safety , and constant kind of Defence to this Kingdom , and all the Subjects and People thereof . For In feudalibus Consuetudinibus ( say the Civil or Caesarean Laws ) Jura regnorum , Ducatuum Marchinatuum , adeoque totius Imperij leges fundamentales , ac nervi quibus Monarchiae Romanae cum ipso senescente mundo lanquescentes inter pedes Feudorum materiam privatim & publicè utilem , & in ea hodie totius Christianae reipublicae , Jus publicum magna ex parte Consistere , & vires nervos & robora tam togatae quam armatae militiae sita esse . Johannes Calvin I. C. in Epist. dedicat . Jurisp. seudal . feuda feudorum , quae Jura inquit fidelitatem ac fidem publicam pacem & Incolumitatem communis patriae firmavit , Imperiosam Principum & Magnatum dignitatem amplificant , firmissimum militiae contra Communes Reipublicae hostes nervum ac praesidium subministrant , adeoque fulcra Germanico Romani Imperij nun●upari desiderant , and have received the Respect Reverence and Approbation universally , and almost every where allowed , and not denied unto them , in the Labors and Studies of very great and eminent Civil Lawyers , as Zasius , Wesenbechius , Vulteius , Harrisanus , Corvinus , Bronkhorsius , Rosenthalius , Gothofedus , Schwedecus , & multi alij , Ac etiam in Belgio Fridericus Sande , omnesque qui non tantum severa Lege proficere Cupit , & in foro rideri non vult . Feuda à Germanis principio rerum gentium nationumque ad vires Imperij augendas atque conservandas quidem statim quid inventum fuit quod valdè cum Feudo convenit Genes ' 14. 4. 2. paralip . 36. 13. Jerem. 52. 3. Xenophon Cyropaid ' l. 2. pr ' Nec tamen Feudum fuit sed Clientela res apud Turcas hodiè notissima , qui non alio modo multos Reges & principes sibi nexos cogunt , de Germanorum moribus Predidit Tacitus lib. 1. 14. Quod principem defendere tueri praecipuum Comitum fuerit saramentum , Et hi Exigunt principis sui liberalitate illum bellatorem Equum illam Cruentam victricemque frameant . Feudum vetus & feudum novum , Vetus quod ab abscondentium aliquo , Novum quod ipse ab aliquo adquisivit . Caesar intelligitur apud Germanos in hoc feudo semper Exceptus 2. F. 56. apud Gallos Rex in Ligio pater non exceptus , quia id datur ab eo qui Superiorem non agnoscit , cui si insidiatur , vasalli pater Domino subiectus crimen perduellionis Principibus comittit . Vasallus Domino Reverentiam & Honorem debet ejusque Commodo augere , atque damna infecta avertere obligatus est . In Feuda Concedendis Ordo hominum non attenditur , nam & Superiores ab inferioribus Feuda accipiunt , Et per vicariam personam Insiurandum accipiunt , inter politicos Caesar & Reges Feuda dare possunt , Duces Marchiones Principes Comites & Barones Feuda dare possunt , etiamsi Caesari aut Regi subjecti sunt ; Maiora sunt autem Regalia quae ad statum reipubl ' administrationem nec non summi Principis decus pertinent , and à Cicerone are said to be Iura Majestatis , à Livio Jura Imperij , sunt autem majora Regalia Leges condere easque si dubia sint Interpretari Lib. 8. Sect. 1. C. Duces , Principes , Comites , & Barones , Equites & Nobiles Creare l. 5. de Dignat ' facere Notarios , Doctores , Comites , Palatinos , Spurios facere Legitimos , Novel 89. 9. veniam oetatis indulgere , constituere summum tribunal Justitiae , à quo appellari non potest , Jus vitae & necis pardonare , Jus Civitatis dare , Monetam cudere , plenissimam Tuitionem tribuere quam Sauvegard dicunt , instituere Cursores publicos , qui Celeriter dispositis Equis Epistolas ferunt nunc Postas vocant , Bellum indicere , Pacem cum hoste & foedus cum Exteris pangere , Academias vel Vniversitatem literarum condere , Legatos mittere ad alios principes , Magistratus creare eosque confirmare , & Jurisdictionem atque Imperium tàm merum quàm mixtum dare , Comitia universorum Imperij aut reipub ' ordinum Indicere l. 1. pr ' F. Religionis Orthodoxae tuitio , Concilia & Synodos cogere , Ecclesiae Ministros Instituere & confirmare , malè viventes removere , indicere ●●rias . Habent etiam Regalia Minera , quae sunt Commoda quae ex rebus publicis & ratione Imperij capiuntur , Armandia , id est , Potestas fabricandi arma & armamentariorum cogendi , viae publicae cum ratione Tuitionis contra Latrones , tum ratione Refectionis , tum ratione Jurisdictionis , tum quoque ejus quod in illis nascitur , Flumina publica navigabilia & ex quibus fiunt navigabilia modo quo viae publicae ad regalia pertinent , Portus vel Vectigal quod pro Ingressu in portum aut portus transitu pendunt , Ripatica sive vectigalia pro riparum earumque munitione , vectigalia quae hodiè Tollen Conveyen & Licenten dicuntur , quae praestantur pro mercibus exportandis & importandis , bona vacantia , bona damnatorum ob Perduellionem aliud●e crimen , ex quo hodiè publicatio eorum fit , Angariae & Parangariae , id est , Praestationes operarum & Currum , nec non navium quae ad usum publicum rusticis & subiectis imperantur , extraordinaria Collatio sive Contributio Argentariae ( id est ) auri Argentique fodinae , quae in provincia sunt , Piscatio in flumine publico , nec non Venatio , & utriusque concedendi Potestas , Decimae ex Carbonum lapidumque fodinis , Salinarum reditus , omnis Thesaurus vbique repertus , Judaeos recipere , Fodrum pro Exercitu principis Anergariae sive hospitium Militum & Aulicorum , & condere Illustria , Gymnasia condicere . Dividitur Feudum in Ligium & non Ligium , illud est quando vasallus domino fidem adpromittit contra omnes , nullo excepto mortali . Non Ligium est , si Excipiuntur nonnulli contra quos dominum adiuvare non cogitur . De Jure Domini directi Dominus directus Jus ratione seudi , tàm in re quàm ad rem , sed & amplius personam habet . Vasallus operas praestare suis sumptibus debet , si à Domino monitus fuerit ad Jus dominij Laudemium pertinet est honorarium , quod principis dominio administris penditur . All which Regalia and Prerogatives of our Kings and Soveraign Princes , have been founded upon the feudal Laws , attending the Monarchy of England . And so greatly were our Kings and Princes in this our Monarchy of England sollicitously careful , to maintain and conserve their Subjects Tenures of their Lands , immediately or mediately holden of them , and the Dependencies and Obedience of their Subjects unto them , and therein their own as well as their Soveraigns Good and Preservation , as King Henry the Second caused throughout the Kingdom a Certificate to be made , not by the Hear-say or slight Information of the Neighbourhood , or partialities of Juries , but by the Tenants themselves in Capite , or by Knight-Service , whether Bishops , Earls , Barons , and great or smaller Men , by how many whole or parts of Knights Fees they held their Lands , and by what other particular Services , and what de veteri & novo Feoffamento , and caused those Certificates to be truly Recorded in the Court of Exchequer , in a particular Book , called the Red-Book , which either as to its Original , or several exact and authentick Copies thereof , as Sir William Dugdale hath assured me , were not burnt or lost in the dreadful Fire of London in Anno 1666. and those Tenures and Engagements of those Tenants , were so heedfully taken Care of , as our Kings ever since the Raign of King John , had Escheators in every County , ( the Lord Mayor of London being alwayes therein the Kings Escheator ) who amongst other particular Charges and Cares appertaining to their Offices , have been Yearly appointed to look after them ; and the Bishops , Earls , and Barons especially , since the Constitution and Election of the Court of Wards and Liveries by King Henry the Eighth , were not without their Feodaries in the several Concernments of their private Estates , as our Kings had in every County , as to their more universal or greater ; which together with the respites of Homages , which the Lord Treasurers Officer of the Remembrancer in the Court of Exchequer was to Record , as appeareth by a Statute or Act of Parliament made in the 7th . Year of the Raign of King James ; and our Learned and Loyal Littleton , who was a Justice of the Court of Common-Pleas in the 14th . Year of King Edward the Fourth , with the allowance of Sir Edward Coke his justly adoring Commentator , hath taught us , That Tenures in Capite do draw and bring along with them , as incidents thereunto , Homage which is the most humble and honourable Service and Reverence that a Tenant can do unto his Lord ; when upon his Knees with his Sword ungirt , and his Head uncovered , holding his hands between the Hands of his Lord , he sweareth and professeth to be his Man of Life and Limb and earthly Worship , and to bear him Faith for the Lands and Tenements , which he holdeth of him , saving the Faith which he holdeth to his Soveraign Lord the King , together with Fealty , Service in War , or instead thereof Escuage , Socage , Franck Almoigne , Homage Auncestrel , Grand Serjeanty , Petit Serjeanty , Tenures in Burgage and Villeinage ; and then the Lord so sitting Kisseth him : And where the Service is not done by the Tenant in Capite , or by Knight-Service in Person , the Escuage Money or Fine , that is to be paid in recompence thereof , is to be Assessed by Parliament ; and if any Controversy do arise , whether the Service were done personally or not , it shall be tryed saith Littleton by the Certificate of the Marshal of the King in Writing . And Tenant , saith Sir Edward Coke , is derived from the word Tenere , and all the Lands in England in the hands of Subjects are holden of the King immediately or mediately ; for in the Law of England we have not properly any Alodium , that is , any Subjects Lands that are not Holden , unless ( saith he ) you will take Allodium for a Tenant in Fee Simple , as it is often taken in the Book of Dooms-Day ; and Tenants in Fee Simple are there called Alodii or Alodiales , and he is called a Tenant , because he holdeth his Lands of some Superior Lord by some Service ; and therefore the King in this Sence cannot be said to be a Tenant , because he hath no Superior but God Almighty , and Praedium domini Regis est directum Dominium , cujus nullus est Author nisi Deus . And Alodiarius & Alode seu Alodium , saith Sir Henry Spelman , est Praedium liberum nulli Servituti obnoxium ( but were never so free as to be no Subjects , or exempt from Obedience to our Kings , in whose Land and Dominion they lived ) Ideoque Feudo oppositum , quod hoc semper alicui subiacet servituti , Feuda enim antiquò dicuntur Servitii & Fidelitatis gratia , proprietate feudi penes dantem remanente , & usu fructu tantummodo in accipientem transeunte , ut ex C. de feud . cogn ' collegit Barat ca ' 1. Quamobrem nec vendi olim poterant invito Domino , nec ad haeredes Vassalli transiunt , nisi de ipsis nominatim dictum esset , sed & laesa fidelitate adimerentur , dicitur à Saxon ' Leod , quasi populare dicitur Alodium ab à Privitiva & Leed Gallicè Leud pro Vassallo , quasi sine Vassallagio & sine Onere , quod Angli hodie Load appellant , Alodium feudo opponitur in antiqua versione LL Canuti ca ' 73. Ubi Sax ' Bocland dicitur , quod in Aluredi LL ca ' 36. tota Haereditas vocatur , & idem esse videtur quod hodiè Fee Simple . Dicitur etiam Alodium terra libera quam quis à nemine tenet nec recognoscit , licet sit in alieno Districtu & Jurisdictione , Ita quod solum est sub Domino districtus , quoad Protectionem & Jurisdictionem . And believes the Aloarii mentioned in Dooms-Day Book do signify no more , than our Sockmanni or Socage Tenants , Cum Germanis Liberos & Gallis Nobiles , qui militiam ex arbitrio tractantes nullius domini Imperio evocati , nulloque sendali gravamine Coerciti , sui Juris homines non Feudales , seil qui dominium tamen agnoscerent ( ut locus ille e Domesday citatus plane evincit ) & qui fidelitatem apud nos Jurarent Censum quantulumcunque augebunt , si●t etiam qui de nomine eos ten●isse asserunt , ac si Hunnoniorum more , adeo & sole suum accepissent patrimonium . And du Fresue Etymologizing the word Alodiarias saith , It is Praedium etiam domino obnoxium possidet tenens Domesday , quando moritur Alodiarius Rex inde habet Alleniationem terrae ( a releife ) excepta terra sanctae Trinitatis , Gulielmus Gemeticensis Lib. 3. Ca. 8. Abbatique locum cum tota villa quam ab Alodiariis auro redemit , Thomas Walsinghamus , p. 419. Et in definitione Alodialis , which he saith is Idem quod Tenens , mentioneth Chartam Gulielmi ducis Normanniae p. 1042. In Monasticon Anglicanum Tom. 2. p. 959. Dedi etiam Ecclesiam Radulphi villae & umon Allodialem in ipsa villa , & dedi quoque unum Allodialem in Amundevilla quietam ab omni Consuetudine . Bignenius dicit , quod significat Haereditatem & paternam Terram , Et Dominicus de Prorogat ' Allodiorum dictum oppinatur , quasi Alo Leuden , id est , sine Subjectione , a voce Leuden quae Germanis pa●i subire fignificat , sicut & subjectionem & servitium ; Spelmannus derivat a Leod populare Saxonice , Ita ut Aleod sit idem quod Praedium populare oppositum Feudo , quod est Praedium dominicale ; And the Learned du Fresne , amongst the various Opinions mustred up by him , Concludeth with a Deniquè plerique è doctioribus existimant vocem esse primogeniam Gallicam vel Francicam quae Praedium ac rem proprietario Jure possessum denotat . Feudum novum absque domini Concensu alienatum revocari potest a Domino , Decis . 14. Feudum in dubio praesumitur esse haereditarium , & non ex pacto & providentia , Decis . 30. n. 22. Feudum antiquum absque concensu domini alienatum ex communi D. l. sententia a filio revocari potest . n. 11. And the Tenures in Capite , and by Knight-Service , were of so high an Esteem and Value amongst the English , whereby to do unto their Kings and Country that Honor and Service , which was due , and might be expected from them , in their several Degrees and Stations , as the great Lords and other Men of Note did many times purchase or obtain of each other , the Homages and Servitia of so many Men , or parts of Knights Fees by Deeds or Charters ; and so much beyond any Money or other kinds of Estate , Lands , or Offices , as Robert Earl of Leicester's Ancestor , having at the Coronation of King John agreed to pay unto Roger Bigot Earl of Norfolk's Ancestor , Ten Knight's Fees for the Purchase of that great Office of High Steward of England , of which Seven and an half were paid , and a Controversy arising afterwards betwixt the said Earls , for the Satisfaction of the Remainder , in the 31st . Year of the Raign of King Henry the Third , the King undertaking to make an Accord betwixt them , adjudged Simon Montfort ( who afterwards ill requited him ) to have and execute the said Office of High Steward ; and that Roger Bigot Earl of Norfolk ( who afterwards joyned in the Rebellion with Montfort against him ) should bring his Action for the other Two Knight's Fees and an half . From which most necessary and excellent Feudal Laws , have proceeded those grand Honors fixed and appurtenant to our ancient Monarchy of England , in our Kings and Princes Grant to several great Families in England , in Fee or Fee-Tayl , as to be Constable of England , Earl Marshal of England , Lord Steward of England , Lord Great Chamberlain of England , Chamberlain of the Queens of England Die Coronationis suae , Butler to our Kings at their Coronations , &c. And likewise the Statute de Donis or Entailes , the neglect whereof , in leaving all the ruined Families of the Nobility , Gentry , and better sort of the English Nation to feigned Recoveries , introduced about the Raign of King Edward the Fourth , by an unhappy and unjust Trick of Law , to make the Losers believe that they shall recover the Value of their Lands so Lost , amounting in the whole unto the greatest part of all the Lands in England , of the Bagbearer of the Court of Common-Pleas , who in the Conclusion is only Vouchee to Warrants , and to make it good out of his own Land , and by the small Fees and Profits of his Office , was never yet known to Inherit , or to have been a Purchaser of ten Acres of Land , yet walks about and is never molested or called to Account for those vast Sums of Money , or his Land ( if he ever had or was re vera intended to have had any ) was to be liable by his being a Common Vouchee in all the Common Recoveries which are suffered in that Court. It being in those more Obedient and Loyal Times esteemed no small Honour to serve our Kings , or hold Lands by such a Kind of Tenure , as it may be believed to have occasioned that Adage or Common saying in England , before the ever to be lamented taking away of Tenures in Capite , and by Knight-Service and Pourveyance , No Fishing to the Sea , no Service to the King ; and those Royal Services , affixed unto Lands and Territories , have been so immutable amongst other our Neighbor Nations , as in the Aurea Bulla , fastned upon the Empire of Germany , about the 30th . Year of the Raign of our King Edward the Third , the Three Spiritual Electors , viz. the Arch-Bishops of Mentz , Cologne , and Triers or Trevers , do hold their Lands and Territories by their several Tenures , of being Arch-Chancellors , the First of Germany , the Second of Italy , and the Third of France ; the King of Bohemia to be Archipincerna , Duke of Bavaria or Count Palatine of the Rhine Archidapifer , Duke of Saxony Archimariscallus , Duke or Marquess of Brandenburgh Archicamerarius , of that Empire , and might be with or amongst them exampled from our Pattern , which was long before ; as also from the Scots , who have to this day some of the like official Dignities annexed to their Lands and Estates , and as in the Raign of our King Henry the First , Count Tankervile was , by Inheritance and Tenure of his Lands , Chamberlain of Normandy . And although not so ancient as the Customs of the Patroni and Clientes , in the beginning of the flourishing of the vast Roman Empire , which was so greatly advantageous both unto the greater and lesser part of the People , the Patroni in their Popularities and Ambitions to gain and please them in their way of Advancements to Annual Magistracies , not seldom exercising their Eloquence in pleading their Causes or Suits in Law , before the Lawyers had for another kind of Advantages by the Gratifications of Fees and Rewards , made it to be the greatest part of their Profession , which before were principally employed upon seldom Occasions in matters of Difficulty , in Jurisconsults and Decisions ; some of the more eminent sorts of them having , about the Raign of the Emperor Augustus Caesar , obtained Licenses of him ad respondendum ; Yet after the Irruption of the Goths , Vandals , Longobards , and Hunnes , with other Northern Nations into that Empire , they found it to be more beneficial , to do as the Germans , and many other Northern Nations have done , to be Feudalists , and to have Lands given unto them and their Heirs , to hold by Service of War , and other necessaries under those grand Obligations of Interests , Oaths , Gratitude , Homage , and Fealty , which proved to be better more certain and beneficial , both for the Patroni and Clientes , the poorer sort of the People alwayes or very often wanting the Aid and Protection of the greater , from Wrongs and Oppressions like to be put upon them . And the Patroni and Greater , procuring to themselves thereby a more constant Observance of Duty , Honour , and Additions to their former Grandeur , the greater and lesser thereby mutually supporting and assisting each other , which in the Consequence was ( as it did ) likely to prove much better , than the charge and trouble the Patroni were used to be ; as in the frequent courting and Humoring of the common People with their costly Epulae's and Ludi's , not only to gain their own Preferments in their Annual poursuites of Offices of Magistracy , but to keep the popular Votings from Mutiny , and ruining them as much as themselves . And howsoever that they with us in England , by a great infelicity to our languishing Monarchical Government , after an horrid Rebellion and murder of our late King , Anno. 12. Car. 2. by an Act of Parliament made upon his now Majesties happy Restoration for the taking away the Court of Wards and Liveries , Tenures in Capite and by Knight service , and Pourveyance , and for settling a Revenue upon His Majesty in lieu of a great part of the lands of England and Wales , which the Rebels besides their great Estates had forfeited unto him , which they were willing to retain to themselves , and thank him as fast as they could with a more detestable Rebellion , the Praeamble mentioning most unfortunately , for want of a right Information and understanding thereof , That the said Court of Wards and Liveries , Tenures by Knight service in Capite , holden of the King or others , and Socage in Capite , have been by consequence more praejudicial , then beneficial to the Kingdome , ( as if the Nerves and Ligaments of the Crown of England , and the ancient Support and Defence of the Honour and glory thereof , for more then one thousand years , could any way deserve to be so Charactered ) and that after the Intromission of the said Court , which hath been since the 24 th . day of February 1645. ( when the Divel and his Reformation had made a large progress in the chasing Religion out of the Kingdom , and washing over in blood the Blessed Martyr King Charles the first , 3 Kingdomes of England , Scotland , and Ireland ) many Persons could not by their Will or otherwise dispose of their Lands by Knight Service ; whereby many Questions might possibly arise , unless some seasonable remedy be taken to prevent the same : Our Soveraign Lord by the Assent of the Lords and Commons in Parliament assembled , and by the Authority of the same did enact the taking away of the said Court of Wards and Liveries with other the Premises , And all Tenures of any Lands , holden of the King or any others , shall be turned into free and Common Socage , and be discharged of all Homage , Escuage , Voiages , Royal Wardships and Aide , Pour file marier & pour faire fitz Chivaler livery & ouster le maine , all Statutes repealed concerning the same , all Tenures hereafter to be created by the King his Heirs or Successors shall be in free and Common Socage , Provided that that Act extend not to take away Rents certain , Herriots or Suits of Court belong ing to any other Tenures taken away or altered by that Act , or other Services incident to common Socage , or any Releifes due and payable in cases of free and common Socage , or of any Fines for Alienations holden of the King , by any particular Customes of Lands and Places , other then of Lands holden immediately of the King in Capite . Nor extend unto any Tenures in Franck Almoigne , or by Copy of Court Roll , honorary Services by grand Serjeanty , other then what are before dissolved or taken away ; Provided that this Act , nor any thing therein contained , shall infringe or hurt any Title of Honour , feodal or other , by which any person hath or may have right to sit in the Lords House in Parliament , as to his or their Title of Honour or Sitting in Parliament , and the Priviledges belonging to them as Peers . And that that Act extend not to any the Rights and Priviledges of His Majesty in his Tynn Mines in Cornewal . In recompence whereof the King shall have the Excise of Ale , Beer , Perry and Syder , Strong and Distilled Waters setled by that or some other Act of Parliament , touching the Excise , upon the King during his Life , and a Moyety only after his death to His Heirs and Successors . And are by Sir Henry Spelman said to be non solùm jure positivo , Sed & Gentium , & quodammodo Naturae , not only by positive , but the Laws of Nations and Nature . Especially when it was not to arise from any compulsory , l incertain way , or involuntary Contribution , or out of any personal or movable Estate , ( cases of Relief only excepted , ) but to fix and go along with the Lands , as an easy and beneficial Obligation and Perpetuity upon it ; and was so incorporate and inherent , as it was upon the matter a Co-existence or Being with it ; Glanvil , and Bracton being of Opinion with the Emperour Justiniam , that the King must have Armes as well as Laws to govern by , and not depend ex aliorum Arbitrio ; and therefore the Prelates , Earles , and Commonalty of the Realm did in a Parliament in the 7th . Year of the Raign of King Edward the 1st . declare it to be necessarily belonging unto him , and to none other ; Judge Hutton in his Argument in the case of the Shipmony in the Raign of King Charles the Martyr , and diverse other Learned Judges and Lawyers have declared Tenures in Capite , and by Knight Service , to be so inseparable from the Crown , as not to be aliened or dissolved by any Act or Authority of Parliament . Some of whom could not forget , that a Design having been presented and offered unto King James ( when the Scots had by their importunityes much enfeebled the Royal Revenue ) by some , who neither understood our Fundamental Laws or the Constitution of our Government , and having considerable Estates in the County of York , and Bishoprick of Durham , and being Members of the House of Commons in Parliament , and mischievous enough in the long Rebellious Parliament , a Revenue of Two hundred thousand pound per Annum to dissolve his Courts of Wards and Liveries , and release his Tenures in Capite , and by Knights Service ; and the King liked so well of those Hopes of augmenting his overwasted Revenue , as he , with Promises of great Rewards to the Designers , ordered a Table to be purposely kept at White-Hall for them , untill they had brought their undertakings to perfection ; unto which the Reverend Judges being summoned by the King to deliberate and give their Opinions , could find neither Law or right Reason for the taking away of those Tenures with their incidents , even by an Act of Parliament ; Insomuch as the Design and Table were laid down , and no more thought of , until the unhappy Fate and Misery of forsaking and destroying Fundamentals , did so drive it on afterwards as it hath done , by our abandoning the old ways and the Truths thereof into those very many Misfortunes , which it hath brought us into already , and will more and more into the Prophet Jeremiah's Lamentations . And so greatly resembled that very antient way of the great Councels or Parliaments in France , drawn and derived from their Ancestors the Francks , and other their Northern Progenitors in and of that Kingdom , long before there inhabiting , until the miseries brought by the English Conquests , and their own Divisions , upon that people by those Warrs , and their seeking in the interim to govern their Kings , and Domineer over them in the midst of their Troubles , Necessities , and Disabilities to protect them , had constrained some of their after Kings , as Lewis the 11th . one of their Kings to find the way to govern so Arbitrarily , as they have since done with a continual so limited Parliament , as it signifieth little more than an extraordinary Court of Justice , and verify the Edicts of his prerogative Power with a car tel est nostre plaisir ; Insomuch as those kind of Tenures and beneficial Mutualites , might not improbably have been here introduced by the Saxons , from one and the same or a like Radix , or Original , before the Normans Atcheivements and Acquests , either here or in France , or by what they had learned or practised of the Feudal Laws in the Empire , or after the Normans had brought England ( their long before Compatriots ) into subjection ; and in the Reigns of some of their after Kings continued Masters of Normandy , Aniou , Aquitaine , Mayne , and Poicteau , and of so many other great parts and Provinces of the French Dominions , as in process of time they gained a full Possession of the residue , and in a short time after lost them all by our own Domestick Ambitions , and Discords . So as one Egg of the same kind , cannot commonly be more like in it's external Form and Likeness , to an other , then the antient and ever-to-be-approved Method of our and their former great Councels or Parliaments were . Wherein may warrantably , without any suspicion of an Arbitrary Government , be vouched and called the learned Sieur du Fresne , a man of vast Reading and Litterature , and not only Learned in all the Roman and Northern Antiquities , but in our Old English Saxon Laws , and the allowed classical and veritable Authors , and Writers of our Nation , and to whom the Learned Works of our Glanvil , Bracton , Littleton , Fortescue , Coke , Stamford , Spelman , and Selden were no Strangers , when in his Glossary , or Comment upon the word Pares , he represents unto us the Figure or lively Picture of our own ancient Customes and Usages in our great Councels or Parliaments , in these his Words or Annotations . Pares dicuntur , qui ejusdem sunt Conditionis vel Dignitatis . In charta Grodegangi Episcopi Metensis apud Meurisium . p. 167. It is said , Ego Grodigangus un● cum voluntate illustrissimi Pipini Inclyti Francorum Regis Avunculi mei , & cum Consensu omnium Parium nostrorum , Episcoporum , Abbatum , Presbyterorum , Diaconorum , Subdiaconorum , vel omnis Cleri , seu & hominibus Sancti Stephani Metensis Ecclesiae cogitavi casion humanae Fragilitatis &c. Apud Baldricum Noviocomensem Compares sunt Pares Feudales , & in legibus Henrici primi Regis Angliae . ca. 34. Et exinde appellati unius domini Convassalli quod ratione Hominij & Tenurae sibi invicem Pares sunt , qui Domino subsunt , à quibus soli judicari poterant , nam Convassalli diversarum Baroniarum seu Territoriorum eidem Domino subjecti , non dicuntur propriè Pares , à Paritate igitur conditionis & dignitatis appellatio illa profluxit . Exploditur virorum doctissimorum Sententia , quòd Pares deriva●tur à Patritijs Francicijs tenebantur Pares judicijs dominicis interesse , Judicumque munere fungebantur , & ad id astringebantur Feudorum suorum obligatione . Quod si legittimam Excusationem haberent , quò minùs possent Judicijs dominicis interesse tenebantur eo casu , Paris sibi conditionis Vicarios submittere , qui eorum locum tenerent in ijsdem Judicijs . Dignitas autem Regia , Ducatus , Marchio , Comitatus , non dicitur propriè eò quòd Duces , Marchiones , & comites Regibus sint Pares , sed partim quòd à Rege proximè descendit . Parium autem Judicia in ipsos Pares & convassallos exercebantur , adeò ut si aliquis oriretur sententia inter ipsos Pares dirimi non possit , nisi in Conventu & judicio Parium suorum , Domino ipso Feudali praesidente . In Parium consessu judicia ab ijs in dominum non exercebantur , quippe ils ne sont mis appeller Pers pour ce qu'il soient Per a lui , mais Pers sont entre eux ensemble . Parium Judicia inter Pares seu Convassallos tantùm exercebantur . Neque Pares duntaxat per Pares seu Convassallos ad judicium subeundum summonebantur , sed & actiones caeterae omnes Judiciae per Pares peragebantur . Cùm igitur Pares sint Vassalli , qui à Domino Feudali nudè pendent ratione Tenurae , atque ita etiam vulgò appellati sunt Barones , ideò vox utraque eadem notione passim usurpata legitur , pro majoris dignitatis Vassallo qui vel in Consilium adhibentur à Domino aut Rege . That which was mentioned by Ingulfus , to have been in use amongst the Monks , in the Abby of Croyland , being in the Raign of William Rufus . And as to the Court Barons of the mesne Lords , derived from their Superiour , saith du Fresne , Parium judicijs non modo intererat Dominus , vel ejus Ballivus , sed etiam in rebus arduis concilium expetebat , ità ut Conciliariorum Domini feudalis vicem fungerentur . In quibusdam tamen locis , ut in Comitatu Bellovensi , le Seigneurs o ne jugent pas en les Cors , mes les Homes jugent , & in locis ubi cum Paribus suis considet ejusmodi judiciis interesse non posse , si Litem vel Controversiam habet cum Paribus . Pariae ex Hispanico Parias feudales redditus honores homagia . And we might as well borrow from them the word Parliament , which Du Fresne hath told us , was made use of by Lewis the 8 th . King of France in the year 1224. which was in the 8 th . year or 9 th . of our King Henry the 3 d. , nineteen or twenty years before it was found , that the word Parliament was used in any of our Publick Records , in the Antient and former Ages , in all the latter in our King's Writs of Summons to their Parliaments ( except some few by Inadvertency ) giving it no other Title than Confilium or Colloquium . And Du Fresne , after his learned Comments upon the word Baronia , and the Antient Usages thereof in England , saith , That our Bishops had their Regalia , seu majora dominia Episcoporum ac Praelatorum , quae à Regibus in feudum tenentur ; and the Laws of our King Henry the 1 st . as our Gervasius Dorobernensis reporteth , do allow that Archiepiscopi & Episcopi habeant possessiones suas de Domino Rege , sicut Baroniam , & inde respondent Ministris & justitiae Regis , & id etiam obtinuit ( saith du Fresne ) in Francia , ut Regalia Episcoporum & Ecclesiarum Baroniae dicerentur : And he citeth very antient Authorities out of the French Authors , Records , and Registers of their Parliaments , mentioning an Arrest or Judgment thereupon given in the year 1282. which was in the 9 th . Year of the Raign of our King Edward the First ; and that long before , viz. in the Year of Grace 1233. which was in the 17th . Year of the Raign of our King Henry the Third , t 〈…〉 〈◊〉 Bar●●ia Ecclesiae Lugdinensis , nam non modo propriè Regali● , 〈◊〉 〈◊〉 Barones Servitiis omnibus feudalibus obnoxii erant , sed ●●iam in Comitiis publicis seu Parliamentis s●dere jus iis erat , cujus p apud nostros usus infinita praestant exempla apud Tullium & Alios , in Angliam vero Episcopos in Parliamentis publicis eo nomine locum & sedem habere constat . And that Barones Eleemosynarii apud Stanfordum , & in jure Anglicano dicuntur Archi-episcopi , Episcopi , Abbates , & Priores , qui praedia sua Ecclesiae à Rège tenent per Baroniam , Baronias en●m suas ex Eleemosynis Regum perhibentur accepisse , licet ipsa praedia 〈…〉 rum saepè mun●ficentia consecuti fuerint , quomodo etiam apud nos Regalia Ecclesiarum censentur esse ex sola Regia liberalitate iis olim concessa . And amongst our English Bishopricks , besides those of Oxford , Bristol , and Gloucester , which our King Henry the Fighth erected and endowed , the Bishoprick of Lincoln had many Mannors and Lands granted by or in the time of King Henry the First not in Eleemosinam , and that of Durham by King Richard the First , and great Possessions afterwards gained and laid unto it by Anthony Beke a Bishop of that See , in the Raign of our King Henry the Third , or King Edward the First . And Quaestio agitata fuit ( saith that Learned Sieur du Fresne ) an supremi Palatii Francici Officiales possunt q Parium Franciae judiciis interesse , & cum iis consedere in judiciis in lite mota inter Joannam Comitissam Flandriae , & Johannem de Nigello , wherein by an Arrest of the Parliament of Paris in the Year One Thousand Two Hundred and Twenty Four , which was in the Eighth Year of the Raign of our King Henry the Third , it was adjudged , That the Cancellarius , Buticularius , Camerarius , Constabularius , Franciae , & Marescalli Hospitii Domini Regis debent ad usus & consu●●●dines observatas interesse cum Paribus ad judicandum Pares , ut quod ministeriales praedicti de hospitio Domini Regis debent interesse in Curiâ Domini Regis cum Paribus Franciae ad judicandum Pares , & tunc praedicti Ministeriales judicaverant praedictam Comitissam Flandriae cum Paribus Franciae . Wherein our Ancestors , without any Arrest or Decree of Parliament , did rather give than take the Pattern , when their Bishops , as Chancellors of our Kings , very often and in a continued Series from the Raign of King Edward the Confessor , who was not without his r Reinbaldus Regiae dignitatis , Vice-C●ncellarius , when Maurice Bishop of London was Chancellor to William the Conqueror in the first Year of his Raign , and other Bishops have in that high and great Office severally from thence succeeded unto the 29th . of Edward the First , and not a few of the other Bishops have been Treasurers and Secretaries of State , and by that Right alone , besides their Spiritual Rights , and Temporal Baronies , did sit as Peers in that great Assembly , together with the Lord Privy-Seal , Constable , Marshal , and Great Chamberlain of England , Lord Steward , Chamberlain of the Houshold , with the Dukes , Marquesses , Earls , Viscounts , and Barons of England , which do Illustrate that greatest of our Kings Councels , attended with such of the Judges , and other Assistants , as their Soveraigns shall be pleased to call or permit to Sit therein . Neither could those grand Officers claim a Right to be accounted by them or any others Equal , or Co-ordinate with them or their Superiours , or to have any Vote in the House of Peers in Parliament , by their sitting there , it being in the Act of Parliament made in the 31st . Year of the Raign of King Henry the Eighth , Entituled , How. the Lords in Parliament shall be placed , wherein it being expressed , That it appertained to his Prer●gative Royal , to give such Honor , Reputation , and Place to his C●uncellors and other his Subjects , as shall be seeming to his excellent Wisdome . It was specially mentioned , That the Lord Chancellor , Lord Treasurer , Lord President of the King's Councel , Lord Privy-Seal , or Chief Secretary , that shall be under the degree of a Baron of the Parliament , are to give no Assent or Dissent in the Parliament . And it is likewise remarkable , That in the Title of that Act of Parliament , and all along and thorough the Body thereof , the House of Peers is only stiled the Parliament , and no mention is therein at all made of the House of Commons in Parliament , nor any Care or Order taken for their Degrees or sitting in Parliament . Neither do any of our Parliament Rolls , Records , or Authentick ancient Historians mention , that our Kings were in those their great Councels limited , or accustomed to call all their Barons thereunto . Nor until the latter end of the Raign of King Richard the Second , had voluntarily obliged themselves to Summon thither the Dukes , Marquesses , Earls , and Viscounts , unto those their great Councels . And when it hath been truly said , that Omne Majus continet in se Minus , it will not be easy to believe , That the Minus doth or should Continere in se Majus . For in Anno 23 Edward the First , there were but Sixty-three Earls and Barons Summoned , and in the same Year upon another Summons , but 45. King Edward the Second did not Summon all the Earls and Barons . In the 6 E. 3. the s like . M. 22 E. 3. 6 R. 2. & 11 R. 2. the like . King Edward the 3d. in the 9th . Year of his Raign , Summoned but five Earls , and Eleven Barons . In the 10th E. 3. the t Parliament Writs of Summons were directed but unto Fourteen of the Temporal Barons , with a Memorandum entred , that Brevia istis Magnatibus immediatè praescriptis directa essendi ad Parliamentum praedictum remissa fuerint concilio Regis pro eò quòd quidam ex eis in partibus Scotiae & quidam ex eis in partibus transmarinis existant adnullanda . 15 E. 3. there were Summoned but 26 of all sorts . 16 E. 3. But a very few . 21 E. 3. u but 22. 45 E. 3. but thirteen Earls and Barons , and not many to diverse Parliaments after , ( the great Commune & Generale Concilium , rightly understood , being but Synonyma's of the word Parliament ) and of latter times they which were in the King's Displeasure have had their Summons , but with a Letter from the Lord Chancellour or Lord Keeper commanded not to come , but to send a Proxy . In Anno 46 E. 3. and diverse years in the Raign of King Henry the 5th . few Earls and Barons were Summoned , for that many of them were then busied in the Warrs of France . But in the Parliament in the Raign of King Charles the Martyr , John Earl of Bristol being denyed his Writ , petitioned to the House of Peers for it ; whereupon he had it without any intercession of the House of Peers , but withal a Letter from the Lord Keeper , signifying his Majesties Pleasure , that he should send his Proxy , and forbear to come ; whereupon he petitioned the Parliament again , shewing , That that Letter could not discharge him from coming , for that the Writ commanded him to come upon his Allegiance ; but that point was not then debated , for the said Earl was presently sent for as a Delinquent , and charged with High Treason , the Majores Barones being men of the best Estate , Extraction , and Abilities , and better sort of the Tenants in Capite , by antient Law and Custome of the Kingdom , being to be only Summoned according to the very old custome of the Romans , probably learnt from thence , w who , as Sigonius writes , did in legen●o Senatores make choise of them according to their Birth , Age , Estate , and Magistracy well exercised and performed . And could be no less then well warranted by a constant , well experimented , long approved and applauded Usage thereof for more than fourteen hundred Years , attested by the industrious Labours of Mr. William Pryn and others ; and for the times before the Conquest , and the Learned Collections of Sir Robert Filmer , and others since the Norman Invasion , fortified by such Records ( which in themselves are never found to lie ) as the teeth of devouring Time hath left us , seconded by unquestionable , antient , authentick , classical Authors , which might silence those disputes Factious and Foolish opinions and cavils , which in the latter part of this last unquiet Century or age have been stirred up against that very Antient and Honourable Assembly or House of Peers , which all the former ages neither durst or did lift an hand or heel against , or so much as maligne or bark at : So greatly are our most degenerate , wickedly hypocritical , worser Times altered from what they were or should be ; and the only Recital of whose long and Antient Successions , through their so many several gradations , may abundantly satisfie any that are not before so prepossessed , as to resolve never to be satisfied with any thing that looks but like Truth or Reason , if they shall but read as they ought to do the ensuing Series or Catalogue : Wherein they may find , that in the Bud or Blossom of Christianity in this our British Isle , whither with divers good Authors we believe that King Lucius , who is said to lie buried at Winchester , did in the year 156 , after the Birth of our Redeemer , or in the year 185 , 186 , or 187. write his Letter to Pope Eleutherius to transmit unto him the Roman Laws , it is allowed by Sir Henry Spelman to have been written Rege & Proceribus Regni Britanniae , and that Faganus and Dervianus two Doctors being sent by Eleutherius to King Lucius Baptized him , & cum regulis populum Baptizant , Clerum ordidinant , 3. Metropolitanos & 28. Episcopos instituunt . Rex Ambrosius Aurelius ut memoriale Procerum Britanniae , quos Hengistus Saxonesque sui complices nefanda proditione in monte Ambrosij ( qui nunc vulgò Stohenge dicitur ) trucidaverant 480. Consul ' & Barones aeternum fieret praegrandes Lapides , qui ibidem in borum memoriam usque in praesens positi sunt ab Hybernia cum magna manu Germano y suo Uther illuc transmisso deportari fecit , qui c●●n allati fuissent congregati sunt in monte Ambrosij edicto Regis magnates eum Clero & cum magno honore dictorum nobilium sepulturam prepararent . In the Charter of King Aethelbert confirming his Grant of the Land given to the Church of St. Pancrase in the Year 605. It is z mentioned to have been done , consensu venerabilis Augustini Archiepiscopi ac Principum suorum . Et Decreta judiciorum ordinavit juxta exempla Romanorum concilio sapientum ; and when Edwin King of Northumberland was perswaded to be a Christian , it is said , that he consulted cum principibus & conciliariis suis. Anno Dominicae incarnationis Aethelbertus Rex in fide roboratus Catholica unà cum beata regina filioque ipsorumque Eadbaldo ac Reverendissimo praesule Augustino caeterisque Optimatibus terrae solemnitatem natalis Domini celebravit Cantuariae convocato igitur ibidem communi concilio tàm Cleri quàm populi . In Anno Domini 673. a Parliamentary Councel was holden at Hertford presentibus Episcopis ac Regibus & Magnatibus universis , but not any Knights , Citizens , Burgesses or Commons , as we read of , saith Mr. Pryn. A great Councel or Parliament was held at Becanfeld , where Wythred King of Kent was present . Anno 694. In like manner , where none but the Peers were present . The like Anno 710. at Worcester ; but without any Commons . The like in the Councel at Cliff. Anno 747. holden by Ethelbaldus King of Mercia , omnibus Regni sui principibus & ducibus being present , but not one Knight or Burgess mentioned . The like in Anno 787. at Colchuth coram Offa Rege & suis magnatibus , & convenerunt omnes principes tàm Ecclesiastici quàm seculares . Anno Domini 793. King Offa held a Councel at Verulam , wherein the King suorum Magnatum acquiescens concilio took a journey to Rome . Anno 794. after his return Celebrated two Councels , the one at Colchyth , where were present nine Kings , twenty-five Bishops , twenty Dukes , ( but no House of Commons ) the other at Verolam , Congregato apud Verolamium Episcoporum & Optimatum concilio . About the year 796. Cynewolf King of West Sex held a Councel where he wrote to Lullus Bishop of Mentz touching matters of Religion unà cum Episcopis suis nec non cum caterva Satraparum . Anno 800. Kenulf King of Mercia called to the Councel at Clovesha , omnes Regni sui Episcopos , Duces & Abbates , & cujuscunque dignitatis viros , where there was no mention of any Commons . Anno 816. at the Councel of Colechyth Caenulf King of Mercia was present cum suis principibus , ducibus & optimatibus ; but not a Syllable of Knights or Burgesses present . About the year 822. in the Councel of Clovesh● , where Beornulf King of Mercia , Wilfred Archbishop , Omniumque dignltatum optimates Ecclesiasticarum & Secularium were present , but no Knights of Counties or Burgesses . Anno 824. another Councel was held by the same King at the same place assidentibus Episcopis , Abbatibus & Principibus Merciorum universis , but no Commons for ought appears ; the King , Archbishops , Bishops and Dukes Subscribing their Names to the decrees there made . About the same time a Councel called Pan-Anglicum , or for all England was holden at London , Praesentibus Egberto Rege West Saxonum & Withlasio Rege Merciorum , utroque Archiepiscopo , caeterisque Angliae Magnatibus , who Subscribed it . Anno Domini c 838. a Concilium Pan-Anglicum was holden at Kingston , where King Egbert and his Son Ethelwolph were present cum Episcopis & Optimatibus , but not a word mentioned of the Commons Assent or Dissent . Anno 850. A Councel was holden at Beningdon Praelatis & proceribus Regni Merciae under King Bertulf , when Lands were Setled and Confirmed by them to the Abbey of Crowland , without the Assent or Mention of any Commons . Anno Domini 851. In a Councel held at Kingsbury , under King Bertulf , Praesentibus Ceolnotho Archiepiscopo Doroberniae caeterisque Regni Merciae Episcopis & Magnatibus without Knights or Burgesses . Anno 855. There was a Councel or Parliament of all England held at Winchester , where Ethelulf King of West-Sex , Beorred King of Mercia , and Edmond King of East-Sex , were present , together with the Arch-Bishops of Canterbury and York , Caeterisque Angliae Episcopis & Magnatibus , wherein King Ethelwolf Omnium praelatorum & principum suorum gratuito concilio ( without any Knights or Burgesses ) gave the Tithes of all the Lands and Goods within his Dominions ( a matter of no small Concernment to all his Subjects in their Estates and Proprieties ) to God and the Church , which hath continued ever since in Force through all England . Betwixt the Year 871. which was the beginning of King Alureds Raign , and the end of which was in Anno Christi Domini 900. that excellent and prudent Prince Collected and Corrected divers Laws made by the Saxon Kings , his Predecessors omitting others consulto sapientum & Prudentissimorume suis consiliis usus edicit eorum observationem , which was probably so done in a great Councel or Councels , which were afterwards called Parliaments , which in that so generally an unlearned age cannot be understood to be less than the Magnates of the Kingdom , Bishops and Barons . And the like is to be said of the Prudentum concilium given to Edoard who began his Reign in Anno 900. and ended it in Anno 924 , and as much is to be believed of the Councel or Parliament of King Aethelstan , who began his Raign in Anno 924 , and ended it in the year 940. who besides what is mentioned in the making of his Laws , that he did it prudenti Ulfheline Archiepiscopi aliorumque Episcoporum suorum concilio , did about the year of our Lord , 930. by his Charter give divers Lands to the Abby of Malmesbury ; in one of which Charters or Grants there was a Postscript or Subscription in these words , Sciant sapientes Regionis Nostrae non has prefatas terras me injustè rapuisse rapinas Deo dedisse , sed sic eas accepi quemadmodum judicaverunt omnes Optimates Regni Anglorum , to wit , in a full Parliament , which then consisted only of the King and his Nobility . Anno Domini 944. King Edmond granted many large liberties and the Mannor of Glastonbury to the Abby thereof cum concilio & consensu Optimatum suorum ( made it seems saith Mr. Pryns in Parliament , and a clear evidence that the Nobles of that age were the Kings great Councel and Parliament ) without any Knights , Citizens or Burgesses , of which he found no mention in History or Charters . Anno 948. there was a Parliament or Councel holden at London , under King Edred Cùm universi Magnates Angliae per Regium edictum Summoniti tàm Archiepiscopi Episcopi & Abbates quàm caeteri totius Angliae Proceres & Optimates Londini convenissent ad tractandum de negotiis publicis totius Regni , in which Parliament no Knights , Citizens or Burgesses are said to have been present . Anno 965 , or 970. King Edgar with his Mother Clito his Successor , the King of Scots , both the Archbishops caeterisque Episcopis & omnibus Regni proceribus Subscribed his Charter granted to the Abby of Glastonbury communi Episcoporum , Abbatum , Primorumque concilio generali assensu Pontificum Abbatum Optimatum suorum & concilio omnium Primatum suorum , without any Commons present ( assistants and attendants only excepted . ) Anno 975. King Edgar and his Queen , Elferus Prince of Mercia , Ethelinus Duke of the East-Angles , Elfwold his Kinsman , Arch-Bishop Dunstan cum caeteris Episcopis & Abbatibus , Bricknotho Comite cum Nobilitate totius Regni held a Councel at Winchester without any Commons . Anno 977. in the Councel of Calne under King Edward omnes Anglorum Optimates were present , together with the Bishops and Clergy , but no Knights or Burgesses for ought is Recorded . Anno Christi 1009. by King Ethelreds Edict , Universi Anglorum Optimates at Eanham acciti sunt convenire , not the Commons . A Parliament was Summoned by King Edward the Confessor , concerning Earl Godwyn at Gloucester , where Totius Regni Proceres , etiam Northumbriae Comites tunc famosissimi , Sywardus , Leofricus , omnisque Anglorum Nobilitas convenêre . Et Anno 1052. at London , Rex & omnes Regni Magnates ad Parliamentum apud London tunc fuerunt , Mr. Pryn declaring his Opinion , That the former and ancient Parliaments consisted of our Kings and their Spiritual and Temporal Lords , without any Knights , Citizens , or Burgesses , Summoned to Assist or Advise with them , or to Assent unto what they Enacted or Ordained . In the 25th . Year of his Raign granted Lands and Liberties to Saint Peters Church at Westminster , Cum concilio & decreto Archiepiscoporum Episcoporum Comitum aliorumque suorum Optimatum . And from the Conquest until that forced something like but not to be accounted a Parliament , in the 49th . Year of the Raign of King Henry the Third , divers Learned good Authors , Summae & incorruptae fidei , no diminishing or additional Record-makers , have assured and given Posterity and after Ages such an exact Account of our Parliaments , as will leave no ground or foundation e of Truth or Reason for any to believe , That an Elected part of the Commons were before that Imprisonment of King Henry the Third , in the 49th . Year of his Raign , made or Summoned to be a part of our English great Councels or Parliaments . The Charter of William the Conqueror to the Abby of Battel was made Assensu Lanfranci Archiepiscopi Cantuariensis , Stigandi Episcopi Cicestrensis , & Concilio etiam Episcoporum & Baronum suorum . And that great Conqueror had in the 4th . Year of his Raign , Concilium Baronum suorum & confirmavit Leges Edwardi Confessoris , posteaque Decreta sua cum Principibus constituit . In the 10th . or 11th . Year of his Raign Episcopi , Comites & Barones Regni Regiâ potestate ad universalem Synodum pro causis audiendis & tractandis convocati fuerunt . Separated the Courts Temporal from the Spiritual and Ecclesiastical , Communi concilio & concilio Archiepiscoporum suorum & caeterorum Episcoporum Abbatum & omnium Regni sui ; and in the Register of Winchelsey Arch-Bishop of Canterbury , it is Recorded , That Rex Angliae ( Gulielmus Conquestor ) in concilio Archiepiscoporum Abbatum & omnium Procerum Regni , did forbid the Leges Episcopales to be used in any Hundred or other secular Courts . And in the 21st . Year of the Raign of King Edward the Third , Mr. Selden saith , There is mention made of a Great Councel holden under the said King William , wherein all the Bishops of the Land , Earls and Barons , made an Ordinance touching the Exemption of the Abby of Bury , from the Bishops of Norwich . In that great and notable Pleading for three Dayes together at Pynnendon in Kent , in the Raign of King William the Conqueror , who ( as Mr. Selden repeats it out of the Leiger Book , or Register of the Church of Rochester ) Anglorum regnum armis conquisivit & suis ditionibus subiugavit , in the great Controversy betwixt Lanfranc Arch-Bishop of Canterbury , and Odo Bishop of Baieux and Earl of Kent , the Conquerors half Brother , for many great Mannors , Lands , and Liberties of a great yearly Value , which Lanfranc claimed to appertain to his Arch-Bishoprick , of which that potent Norman Bishop and Earl had injustly disseized him ; the King commanded the whole County without any delay to Assemble together , as well French as English , and more especially such as were well Skilled and Learned in the ancient Laws and Customs of England , as Gosfridus Episcopus Constantiensis , qui in loco Regis fuit & justitiam illam tenuit , Elnothus Episcopus de Rovercestria , Aegelricus Episcopus de Cicestria , Vir antiquissimus & legum terrae Sapientissimus ( qui ex praecepto Regis advectus suit ad ipsas antiquas legum Consuetudines discutiendas & edocendas in una Quadrigâ ) Ricardus de Tonebregge , Hugo de Monte Forti , Gulielmus de Acres Haymo Vicecomes , & alij multi Barones Regis & ipsius Archiepiscopi & aliorum Episcoporum homines multi , whose Decisions made by many Witnesses , Evidences , and Reasons , being certified to the King Laudavit laudans cum consensu omnium Principum suorum confirmavit , & ut deinceps perseveraret firmitèr praecepit . Upon a Rebellion of Rafe de Guader a Norman , made Earl of Norfolk by the Conqueror , Confederating with some discontented English , whilst he was absent in Normandy , upon Notice thereof given , hasted into England , where omnes ad Curiam suam Regni Proceres convocavit legitimos Heroes & in fide probatos . Unto which may be added , That in the Agreement betwixt King William h Rufus , and Robert Duke of Normandy his elder Brother , touching his Claim to the Kingdom of England ( being of great Concern to the People ) wherein the King assured to the Duke All that he could Claim from his Father except England , it is said , Pactum juramento confirmârunt duodecim Principes nomine Regis , and 12. Barones nomine Ducis . In the 2d . Year of King William the Second , there was a great i Councel De cunctis Regni principibus , and another which had all the Peers of the Kingdom . In the 7th . Year of his Raign was a great Councel , or Parliament so called , at Rockingham Castle in Northamptonshire , Episcopis Abbatibus cunctisque Regni Principibus coeuntibus ; and a Year or two after , the same King De statu Regni acturus called thither by his Command his Bishops , Abbots , and Peers of the Kingdom . Anno 1106. Robert Duke of Normandy coming into England , k and seeking to be reconciled to his Brother King Henry the First , which could not at Northampton be effected Magnatibus regni ob hoc Londonium edicto Regis convocatis , the King by fair Words and Promises so frustrated the Dukes designs , as Omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent , Dux in Normanniam iratus perrexit , & Rex ipsum secutus est usque in Herchebrai Castellum , trahens secum omnes ferè Proceres Normanniae & Andegaviae , robur Angliae & Britanniae , ut ipsum debellaret . The Emperour having sent Ambassadors unto him , to request his Daughter Maud in Marriage , Tenuit itàque Rex apud Westmonasterium in Pentecosten Curiam suam , quâ nunquam tenuerat splendidiorem , wherein the Marriage was concluded . Anno Domini 1114. Rex Anglorum Henricus fecit omnes suae potestatis l Magnates ( as if there were no need of Commons , which were then believed to be included in them ) fidelitatem jurare Willielmo filio suo . At the Coronation of which King , who had usurped his said elder Brothers Kingdom , and stood in fear of his better Title , it was said , That all the People of the Kingdom of England were present , but the Laws ( and Charter ) then made were Per commune concilium Baronum suorum confirmed ; and that Charter was attested by Mauritio Londoniensi Episcopo , Willielmo Wintoniensi electo , Odoardo Herefordiensi Episcopo , Henrico Comite , Simone Comite , Waltero Gifford Comite , Robert de Monti forti , Rogero Bigod & aliis multis ; Et factae sunt tot Chartae quot sunt Comitatus in Anglia , & Rege jubente positae in Abbatiis singulorum Comitatuum ad Monumentum . In the 3d. Year of his Raign , the Peers of the Kingdome were called , without any mention of the Commons ; and Orders were at another great Councel made Consensu Comitum & Baronum . Florentius Wigorniensis saith , that Lagam Edwardi Regis reddidit cum illis emendationibus quibus eam Pater suus emendavit concilio Baronum suorum . After whose Death King Stephen m having Usurped the Crown of England , which did not at all belong unto him , and Fought stoutly to keep it , Concilium congregavit & de statu Reipublicae cum Proceribus suis tractare studuit . Anno Domini 1153 Justitiâ de Caelo prospiciente diligentiâ Theobaldi Archiepiscopi Cantuar ' & aliorum Episcoporum regni , King Stephen having no Issue Facta est concordia betwixt him and Henry Duke of Normandy , after King Henry the Second , who was by King Stephen acknowledged In conventu Episcoporum & allorum Optimatum , wherein it was accorded , That Duke Henry , saith Mathew Paris , should Succeed him in the Kingdom , Stephen only enjoying it for his Life , if he should have no Children , ex concessione Ducis Henrici , ità tamen confirmata est pax , quòd ipse Rex & Episcopi praesentes cum caeteris Optimatibus regni ( no Commons ) jurarent , quòd Dux post mortem Regis si ipsum superviveret , Regnum fine contradictione aliqua obtineret . King n Henry the Second , in the 10th . year of his Raign , held a great Councel or Parliament at Clarendon ( where some of the Customes and Constitutions of the Kingdom were Recognized ) which was an Assembly only of Prelates and Peers . Anno 1118. in a Peace or League made betwixt him and Philip King of France , it was agreed , That in any Matters of Difference o afterwards ariseing betwixt them , they should abide by the Award of three Bishops , and three Barons to be Elected on the King of France his part , and the like on the King of Englands . Anno Gratiae 1272. Venit Oxenford & in generali Concilio ibidem celebrato constituit Johannem filium p suum Regem in Hybernia concessione & confirmatione Alexandri summi Pontificis , & in eodem concilio venerunt ad Regem Resus filius Gryphini Regulus de South-Wales , & David filius Owini Regulus de North-Wales , qui Sororem ejusdem Regis Angliae in uxorem duxerat , & Cadwallanus Regulus de Delmain , & Owanus de Kavillian , & Griffinus de Bromfeld , & Madacus filius Gerverog , & alii multi de Nobilioribus Gualliae , & omnes devenêrunt homines Regis Angliae patris , & fidelitatem ei contra omnes homines , & pacem sibi & regno servandam juraverunt . In eodem concilio dedit Dominus Rex Angliae praedicto Reso filio Griffini terram de Merionith , & David filio Owani terram de Ellismore . Deditque Hugoni de Lasci , ut supradictum est , in Hybernia totam Midam cum-pertinentiis , pro servitio centum militum de ipso & Johanne filio suo , & Chartam suam ei inde fecit . And being to return an Answer to the Popes Letter , inviting him to take upon him the Croysado , q and succour the Holy Land , assembled a Parliament at London , ubi dominus Rex & Patriarcha ( Jerusalem ) Episcopi , Abbates , Comites & Barones Angliae ( but no Knights , Citizens or Burgesses thereof saith Mr. Pryn ) Willielmus Rex Scotiae & David frater ejus cum Comitibus & Baronibus terrae suae convenerunt . Anno Domini 1162. r ( without leave of Parliament or People ) Fecit jurare fidelitatem Henrico filio suo de haereditate suâ , & inter omnes Magnates Regni Thomas Cancellarius primus fidelitatem juravit , salvâ fide Regi patri , quamdiù viveret & regno praeesse vellet . In the 22d . Year of his Raign held a great Councel at Nottingham by Archbishops , Bishops , Earls and Barons . At Windsor Communi concilio , with Bishops , Earls and Barons . And the like afterwards at Northampton . King Richard the 1st . held shortly after his Coronation , upon the invitation of the King of France and his undertaking to do the like , a great Councel or Parliament , cum Comitibus & Baronibus suis s qui Crucem susceperant in generali Concilio constituti apud Londonias , taking their Oaths for the recovery of the Holy Land , hasting thither and passing into Normandy Elianor Regina mater Richardi Regis , with whom he had left the care of the Kingdom , and Alays Soror Phillippi Regis Franciae , Baldwin Archbishop of Canterbury , the Bishops of Norwich , Durham , Winchester , Ely , Salisbury , Chester , Geffry the Kings Brother elected Archbishop of York , and John Earl of Morton the Kings Brother , shortly after transfretârunt de Anglia in Normanniam per mandatum Domini Regis , & habito cum illis concilio Dominus Rex statuit Willielmum Episcopum Eliensem Cancellarium suum Justitiarium Angliae . Granted to Hugh Bishop of Durham , Justitiam à fluvio Humbri usque ad terram Regis Scotiae , made his Brothers John Earl of Morton and Geffry elect Archbishop of York , to swear tactis sacrosanctis Evangeliis , that they would not come into England within three Years then ensuing , nisi per licentiam illius , but suddenly after released his Brother John of his Oath , and gave him leave to return into England , taking his Oath quòd fidelitèr ei serviret . In Crastino Exaltationis Sanct● Crucis apud t Pipewel Archiepiscoporum , Episcoporum , & aliorum Magnatum suorum fretus concilio benignè concessit Galfrido fratri suo Archiepiscopatum Eborum ; & circa dies istos iturus ad Terram sanctam per concilium Magnatum suorum Gerardum Archiepiscopum Auxisnem , Richardum de Canvill &c. Justiciarios constituit super totum navigium Angliae , Normanniae , Britanniae & Pictaviae . Et tradidit illis Chartam suam in hac forma : Richardus Dei gratia Rex Anglorum omnibus hominibus suis per mare ad Terram sanctam ituris salitem ; Sciatis Nos de proborum concilio virorum has Justitias statuisse , being certain severe Sea Laws , & illas Consuetudines ab omnibus observandas , & quòd singuli Justitiariis obedirent , fecit Sacramento confirmari . Eodem tempore in the Kings absence ad instanciam Comitis Johannis fratris ipsius Regis convenerunt apud Pontem de Leodune inter Radingum & Windeleshores ad colloquium Magnates Angliae de magnis & arduis Regis & Regni negotiis tractatur ' , in crastino autem tàm Archiepiscopus Rothomagensis quàm Eboracensis & Episcopi omnes apud Radingum convenerunt & colloquio interessent . The Bishop of Roan being sent thither by the King to take and give him an account thereof . Anno Domini 1290. Rex Anglorum Richardus ad natale Domini fuit in Normanniam apud Burum , & ibi tenuit solenne festum cum Primatibus terrae illius , & post natale habitum est Colloquium betwixt the Kings of France and England , where the Expedition was agreed upon , and a Peace made and sworn betwixt the two Kingdoms , and the Comites & Barones utriusque Regni ( none of the Commons ) did swear , That they would remain faithful to both the Kings , and make no Warr until fourty dayes after their return , and the Archbishops and Bishops utriusque Regni juraverunt to denounce sentence of Excommunication against the Transgressors . In which Warrs in the East for recovery of the Holy Land , after many glorious Victories obtained against the Infidels , King Richard , ( being shipwrackt u and with a small company escaping cast upon the Territories of the envious Duke of Austria his incensed Aemulator , for that he had caused his Standard , which he had set up before his at the taking of the Town of Joppa , to be taken downe , and thrown into a Jakes ) was discovered , w way-laid , taken , and delivered or sold to the Emperour of Germany for 60000l . of Silver ad pondus Coloniensium . And the Emperour ( to whom his Brother John , who had in his Absence endeavoured to usurp his Kingdomes , and with the King of France his Confederate x offered great summs of Money , whereof the latter would have paid 50000 Marks of Silver and the former 30000 , to have him detained Prisoner ) detesting their Practises , and shewing to King Richard their Letters , after much Respects and Kindness to such a magnanimous Prisoner , agreed to take for his Ransom 140 thousand Marks of the same kind of Money , which he paid to the Duke of Austria , without any thing to be paid for the Expenses of himself or any other ; but an Oath was first taken by the Bishops , Dukes , and Barons , that as soon as the Money should be paid , continuò liber proprium regrederetur ad regnum , which being together with the Emperours Letter published in England by the Bishop of Ely his Chancellor , suddenly after Exiit edictum à Justiciariis Regis , ut omnes Episcopi , Clerici , Comites , Barones , Abbatiae & Prioratus quartam partem Redituum suorum ad redemptionem Regis conferrent , & insuper ad illud Pietatis opus Calices aureos & argenteos sustulerunt . And upon his delivery by the Archbishops of Mentz and Cologne y into the hands of Queen Elianor his Mother , on the behalf of the Emperour gave Sureties or pledges , until all the Money should be paid Walter Archbishop of Roan , Savarick Bishop of Bath , Baldwin de Wac & alios multos filios Comitum & Baronum suorum de pace servanda Imperatori & Imperio suo & omni terrae suae dominationis . The Bishop of Norwich z dimidium pretij de Calicibus sumpsit , & de rebus habitis Regi donavit , and the Cistertian Monks being alwayes before by Priviledge freed from any Contributions , Bona sua universa ad Regis redemptionem dederunt . Anno gratiae a 1200. King Richard being dead Rex Francorum Philippus & Rex Anglorum Johannes inter Wailan & Butavius castella ad colloquium convenerunt , ubi convenit inter eosdem Reges cum concilio Principum utriusque Regni , quòd Ludovicus filius Regis Francorum & haeres duceret in uxorem filiam Aldefonsi Regis Castellae & Neptem Regis Johannis , & Rex Anglorum pro hoc matrimonio contrahendo daret Ludovico cum nepte sua nomine Blanca in maritagio Civitatem Ebroicarum cum toto comitatu , & insuper 30000 marcarum Argenti . Rex Johannes post completa negotia in partibus transmarinis transfretavit in Angliam , veniens autem Londonias apud Westmonasterium , Huberto Archiepiscopo Cantuariensi & Magnatibus Regni praesentibus , Gaufridus Archiepiscopus Eborqcensis cum Rege pacificatus est , quo tempore Rex Johannes significavit Willielmo Regi Scotorum ut veniret ad eum ad Lincolniam , ut ibidem de jure suo sibi satisfaceret in Crastino sancti Eadmundi . Ubi convenerunt Rex Anglorum Johannes & Rex Scotorum Willielmus cum universa Nobilitate tàm Cleri quàm populi utriusque Regni , whence he directed his Writ to the Barons , and those which did hold of him in Capite , to come unto him with Horse and Armes to Northampton , die Domini●â proximè ante Pentecosten , in formâ sequente . Rex &c. Henrico b &c. Mandamus tibi quòd in fide quam Nobis debes , ficut Nos & corpus & honorem Nostrum diligis , omni occasione & dilatione postpositis , sis ad Nos apud Northampton die dominica proximè ante Pentecosten , paratus Equis & Armis & aliis necessariis ad movendum cum corpore Nostro & standum Nobiscum ad minus per duas quadragesimas , ità quòd infra terminum illum à Nobis non recedas ut tibi in perpetuum in grates seire debeamus T. &c. And in the same year Summoned the Peers ( but no Commons ) to a great Councel or Parliament ( not for Military Aid ) in c these words , Rex , &c. Episcopo Sarum Mandamus vobis rogantes , quatenus omni occasione & dilatione postposit ' sicut Nos & honorem Nostrum diligitis , sitis ad Nos apud London die Dominicâ prox ' ante Ascencionem Domini , Nobiscum tractatur ' de magnis & Arduis negotiis Nostris & Communi Regni utilitate , quia super biis quae a Rege Franciae per Nuntios nostros & fuos mandata sunt , unde per Dei Gratiam bonum speramus proveniri vestrum expedit habere Concilium & aliorum Magnat ' terrae nostrae , quos ad diem illum & locum fecimus convocari , vos etiam ex parte Nostra & vestra Abbates & Priores conventuales totius Diocesis vestrae citari faciatis , ut concilio praedicto Nobiscum interfitis , sicut diligant Nos & Communem Regni utilitatem . Teste , &c. And shortly after Celebrating apud Portesmue solemnitatem festi Pentecostes , Rex cum Reginâ in Normanniam Transfretârunt , exinde veniunt ad colloquium Reges Anglorum & Francorum prope insulam Andelard & pacificè convenit inter eos , & Barones de regno Francorum were fidejussores pro Rege suo , and undertook the Guarranty to compel him , if he should violate that Peace , Et eodem modo factum est in parte Regis Anglorum . Et Eodem Anno Rex fecit generalitèr Acclamari , ut legalis Assisa panis inviolabilitèr sub poenâ Collistrigiali observaretur , quae probata fuit per pistorem Gaufridi filii Petri Justitiarii Angliae , & pistorem R. de Thurnam , ità quòd pistores sic poterint vendere . King John being Dead , d and leaving his Son Henry very young , Willielmus Marescallus Comes Pembrochiae , without the Consent of the Commons , or Knights , Citizens , and Burgesses Elected , was ordained Regis & regni Tutor . Obiit Willielmus e Mariscallus Regis & regni Rector , post cujus mortem Petrus Wintoniensis fuit ( without the Consent of the Commons ) Custos Regis . In Anno Domini 1221. Upon a Rebellion of Fulke de Brent and others , Convenerunt Magnates Angliae ad Regem apud Westmonasterium ut de negotiis regni tractarent , no Knights , Citizens , or Burgesses mentioned . 4. or 5. Henry the Third , Convenerunt Magnates Regis ( no Commons ) apud Westmonasterium ut de negotiis Regni tractarent . Anno g Domini 1223. apud Londonias Rex venit ( without the Commons ) cum Baronibus ad colloquium . Anno Domini 1224. convenerunt ad colloquium apud Northampton Rex cum Archiepiscopis , Episcopis , Comitibus , Baronibus & aliis de Regni negotiis tractaturi ( no Knights , Citizens , or Burgesses Elected there present ) voluit item Rex uti concilio Magnatum suorum de terris transmarinis quas Rex Francorum paulatim occupaverat , but was hindered by other Accidents . Eodem Anno Rex Henricus ad Natale tenuit Curiam suam apud Oxoniam , & postmodum in Octabis Epiphaniae apud Londonias veniens cum Baronibus ad colloquium , requisitus est ab Archiepiscopo Cantuariensi & Magnatibus aliis ( no Commons , although greatly concerned in their Estates and Liberties ) ut libertates & liberas consuetudines pro quibus Guerra mota fuit contra patrem suum confirmaret . Which the King yielding unto , Habito concilio misit literas suas ad Singulos Vicecomites Rogni ut per 12 Milites vel legales homines utriusque Comitatûs per Sacramentum facerent inquiri ( no Writ to Elect Members of an House of Commons in Parliament ) quae fuerunt Libertates in Angliae tempore Regis Henrici Avi sui & factam inquisitionem ad Londonias mitterent ad Regem in quindecim diebus post Pascha ( which , saith Sir Henry Spelman , was never found or returned ) Eodem Anno Murmuratio non modica fuit à Magnatibus Angliae , contra Hubertum de Burgo Justiciarium , & Rex Henricus curiam suam apud Northampton tenuit , when the Arch-Bishop of Canterbury , cum Suffraganeis suis & militia magna nimis being present , and with great Solemnity pronouncing Excommunication against the Disturbers of the King , the Church , and Kingdom , undè ( Barones ) Saluberrimo concilio usi venerunt apud Northampton ad Regem universi , surrendred unto him the Castles and Lands which they had obtained or gained from the Crown . Anno Domini 1225. which was Anno 9 Henry the Third Rex Henricus ad Natale Domini tenuit Curiam suam apud Westmonasterium praesentibus Clero & populo cum Magnatibus Regionis Solemnitate completâ , Hubert de Burgo , Domini Regis Justitiarius , ex parte Regis proposuit coram Archiepiscopis , Episcopis , Comitibus , Baronibus , & aliis Universis damna & injurias quae Regi illata fuerant in partibus transmarinis , ex quibus non solum Rex , sed & Comites multi & Barones sunt exhaeredati cum ipso , petiit ab omnibus concilium & auxilium , and demanded a fifteenth of all the Moveables in England , tàm Ecclesiasticorum quàm Laicorum , unto which Archiespicopus & tota Concio Episcoporum , Comitum , Abbatum , & Baronum , habitâ deliberatione Regi dedêre responsum , quod gratantèr adquiescerent si illis diu petitas libertates , without any Elected for the Commons , concedere voluisset , annuit itaque Rex cupiditate ductus quod petebant Magnates . Eodem Anno i convenerunt apud Westmonasterium ad colloquium Rex Anglorum cum Magnatibus ( no Commons mentioned ) where the King Jussit sententialiter diffinire quid de Proditore suo Falcasio foret agendum ; whereupon Proceres concenserunt cum Rege , that he should abjure the Kingdom , Quo facto precepit Rex Will ' Comiti Warrenno to see it done . Anno Domini 1226. venit interea terminus Concilii apud Westmonasterium praefixus , ubi Rex cum Clero & Magnatibus Regni ( none Summoned or Elected for the Commons ) comparere debuerat ut Domini Papae Mandatum audiret . Whereupon the Legat pressing the English Prelates and Clergy in Parliament very hard for a Tenth upon their Spiritual Livings , they Answered , that Ista quae Nobis proponitis Regnum sententialiter tangunt & generaliter omnes Ecclesiarum Patronos ( which might have required the Assent of an House of Commons ; yet were not then either Summoned or Elected ) Tangunt Episcopos & omnes Suffraganeos , nec non Innumeres Angliae Praelatos . Cumque ergo Rex propter infirmitatem & Archiepiscopi nonnulli & Episcopi & alij Ecclesiarum Praelati sunt absentes & in eorum absentiam ( Papae ) respondere non possunt nec debeant ; Quia si id facere presumerent in Prejudidicum omnium absentium Praelatorum fieret . Et hiis dictis venit Johannes Mariscallus & alij Nuntij Regis ad omnes Praelatos qui de Rege Baronias tenent in Capite destinatis , districtè mandantes ne Laicum feudum sacrae Romanae Ecclesiae obligârent , unde a servitio sibi debito personaliter , Haec omnia cum Magister Otto intellexisset statum hiis qui alterum diem ibi in media Quadragesimae dum ipse procureret Regis adventum & absentiam Praelatorum , ut tunc negotium sortiretur effectum , sed illud absque Regis & aliorum qui absentes erant assensu praefixum diem admittere . Ita singuli ad propria sunt reversi . Rex Convocatis seorsim Praelatis & quibusdam Magnatibus ( no Commons mentioned ) dedit responsum Nuntiis Imperatoris circa electionem Richardi Comitis Cornubiae Regis fratris in Regem Romanorum . Rex Anglorum ardenti desiderio sitiens ad partes Transmarinas Hostiliter transfretare convocavit Conciliariis suis fecit recitari literas a Domino Papa transmissas quaerens , not to disturb the King of France whilst he was in the Wars at Jerusalem , Ab eis Concilium placuit . Itaque Praelatis & Magnatibus universis ( no Commons at that Council ) ut differetur negotium . Anno Henry the Third , 11. apud Oxoniam Concilio Congregato denunciavit coram omnibus se Legitimae esse aetatis & de caetero solutus a Custodia Regni negotia & se principaliter ordinaret . Anno Domini 1229. which was in 13. Henry the Third , Rex Anglorum Henricus ad Natale Domini Curiam suam tenuit apud Oxoniam l praesentibus Magnatibus Regni , no Commons thither sent or Elected . Eodem Anno Rex Anglorum Henricus congregavit apud Portesmue totam Nobilitatem Regni Angliae Comites , viz. Barones & Milites cum tanta equitum & peditum turba quantam nullus Antecessorum suorum aliquo creditur tempore congregasse . Anno Domini 1232 which was 16. Henry the Third , convenerunt nonas Martij ad colloquium apud Westmonasterium ad vocationem Regis Magnates Angliae tàm Laici quàm Praelati ( no Commons sent or Elected ) of whom the King requiring Aid for his Wars and payment of his Debts , Comes Cestriae Ranulphus pro m Magnatibus loquens respondit quòd Comites , Barones , & Milites qui de eo tenebant in Capite , having Personally attended him , were many of them gone home , and could give him no Aid ; and the Bishops pretending the Absence of divers of the Bishops and Abbots , petiêrunt inducias until they all might meet together , Praefixus est itaque Dies à quindecim diebus post Pascha . Anno 1236. which was 20. Henry the Third , congregati sunt Magnates Angliae ( no Commons ) Londini ad colloquium negotiis Regni tractaturi . Anno 21. Henry the Third , tenuit Curiam suam ad Natale apud Wintoniam & Misit per omnes fines Angliae Scripta Regalia ( his Writs of Summons ) praecipiens omnibus ad regnum Angliae spectantibus . viz. Archiepiscopis , Episcopis , Abbatibus & Prioribus installatis , Comitibus & Baronibus , ut omnes sine omissione in Octavis Epiphaniae Londoniis convenirent Regia negotia tractaturi totum regnum contingentia , quod audientes Magnates ( no Commons ) Regis praeceptis c●n●inuò paruerunt . Anno 22. Henry the Third , Rex recedens a Londoniis venit Mortonam ut ibi revocati Magnates ( only ) audito recenti Imperatoris Mandato una cum Rege de regni negotiis contractarent , Diebus etiam eisdem Rex Henricus Tertius pro salute animarum & emendatione Regni sui Spiritu ductus Justitiae & Praelatis quasdam Leges novas constituit & constitutas per regnum suum inviolabiliter jussit observari . Et eodem Anno convenerunt Magnates Londini die statuto multis equîs & armis communiti , ut si Rex circumventus per lenitatem recalatraret cogeretur . Eodem Anno in colloquio ( ad quod ex lo●ginqùo Nobiles convocaverat ) he prayed an Aid . Eodem Anno Scripsit omnibus Magnatibus suis , ( no Commons ) ut coram eo & Domino Legato Papae in festo Exaltationis sanctae Crucis apud Eboracum convenirent , de Arduis regnum contingentibus tractaturi . Anno 24. Henry the Third , convenerunt apud Radingum omnes Archi●piscopi , Episcopi & Majores , Abbates & quidam Magnates Regni Papale Mandatum à Domino Legato explicandum audituri . Anno 26. Henry the Third , Archiepiscopus Eboracensis Custos Regni Existens & omnes Episcopi Angliae Abbates & Priores per se vel per Procuratores suos , nec non & omnes Comites , & ferè omnes Barones Angliae ad Mandatum Domini Regis convenerunt apud Westmonasterium . Eodem Anno Rex p Anglorum omnibus suis Angliae Magnatibus , Archiepiscopis , Episcopis , Abbatibus , Prioribus , Comitibus & Baronibus , districtè praecipiens ut omnes generalitèr Londinum convenirent die Martis prox ante festum Purificationis beatae Mariae Virginis de negotiis Regni dilationem non Capientibus cum summa deliberatione Tractaturi , imminente vero die totius Angliae Nobilitas tàm Praelatorum quàm Comitum & Baronum secundum Regium praeceptum est Londini congregata , atque Regi auxilium pecuniare petenti restiterent Magnates ( no Commons ) &c. Archiepiscopus Eboracensis & omnes Episcopi Angliae Abbates & Priores per se vel per Procuratores suos , nec non & omnes Comites & ferè omnes Barones Angliae ( no Commons ) in Scriptis dederunt responsionem . 28. Henry the Third , Convenerunt Regia submonitione Londinum Magnates totius Regni , Archiepiscopi , Episcopi , Abbates , Priores , Comites & Barones tunc ( to answer to the Kings demands ) & de communi Assensu electi fuerunt ex parte Cleri Cantuariensis , Wintoniensis , Lincolniensis , & Wigorniensis , Episcopi ex parte Laicorum ( which were not to be believed to be any more present , than the Universitas or whole Body of the Clergy ) Richardus Comes frater Domini Regis , Comes Bigot , Comes Legr ' Simon de Monte Forti , & Comes Mariscallus W'ex parte verò Baronum Richardus de Muntfichet , Johannes de Bailioil , & de Sancto Edmundo , & de Rameseia Abbates . Convenêrunt autem iterum ( for it appears they had been prorogued ) Magnates cum Praelatis generaliter Londini ( no Commons at all mentioned . ) ▪ Upon the Emperor Fredericks being Excommunicated , and deprived by the Pope , notified to the Kings of England r and France , who fearing the example , had sent their Embassadors to Rome , in the 29th . Year of the Raign of King Henry the Third , Expectantibus Universitatis Anglicanae Procuratoribus viz. Comes Richardus Bigod cum suis Consortibus placabile domini Papae responsum . Anno 30. s Henry the Third , Rex missis literis suis totius Regni Magnates convocavit Londini de statu regni generalitèr tractaturos . Where the Pope intercedes for the Pardon of Fulke de Brent , and the King denied it , because the Judgment against him was given in Parliament , ab enim omni Clero & populo regni , per judicium Curiae suae ab Angliâ fuerat in exilium pulsus , & licet regni cura specialiter ad ipsum spectare videretur , debet legis quidem & bonas Regni consuetudines observare , although Mat ' Paris himself had said , That Rex did sententialitèr diffinire , and the Proceres and Magnates consenserunt cum Rege , that he should abjure the Kingdom and be banished ( the King's Court being then the Parliament without Commons . ) Anno 31. Henry the Third , Rex cum Magnatibus tractatum habuit diligentem per plures concilium urgens dies . Medio Quadragesimae edicto Regio convocata convenit ad Parliamentum generalissimum Anglicani totius nobilitatis Londini videlicet Prelatorum tàm Abbatum , Priorum , quàm Episcoporum , Comitum quoque & Baronum , ut de Statu Regni jam vacillantis efficacitèr prout exegit urgens necessitas contrectarent . Upon further troubles and concernments of the Kingdom Convenêrunt ad Parliamentum memoratum totius regni Magnates , ( no Commons ) imprimis aggressus est Dominus Rex ore proprio Episcopos per se , postea verò Comites & Barones , deinde Abbates & Priores . Afterwards in the same Year Habitum est magnum Concilium inter Regem & regni Magnates apud Wintoniam super multiplici Regni totius & maximè totius Ecclesiae desolatione , wherein , upon the hopeless Account given by William de Powic , and Henry de la Mare , two of the Procurators sent to Rome , of the Popes obstinacy to continue his Pilling and Polling of the Kingdom : It is said , Haec autem cùm audisset dominus Rex cum Magnatibus suis ( not the Commons ) commotus est vehementèr & meritò , praecepitque voce Praeconis in omnibus Comitatibus per omnes villas loca & congregationes , that no Man should pay any of the Popes Exactions . And in the 31. Henry the Third , Rex cum Magnatibus tractatum habuit diligentem & per plures concilium urgens dies protelavit . Per idem tempus Dominus Rex comperiens regnum suum enormitèr periclitari jussit omnem totius regni Nobilitatem convocari , ut de Statu ipsius manifestè periclitantis Oxoniis diligentèr contrectarent , Praelatis autem maximè ad hoc Parliamentum vocavit arctius . 32. Henry the Third , at the Quindena of St. John Baptist covenit Londinum tot●●s Angliae Nobilitas venientibus in unum omn●b●s regni Primatibus in a great expectation of the King 's redressing of Grievances . Anno 33. Henry the Third , Rex congregavit omnes regni Nobiles , ut ●●rum consensum flecteret ad auxilium dandum , sent his Letters by Symon Pasleu to the Sheriffs of every County , to Collect what they could of them . An●o 35. Henry the Third , 13 Calendarum Martij habitum est Parliamentum magnum Londini , sicut fu rat praelocutum & praefixum , where Henricus de Bathonia Justiciarius Regis being greatly accused by the Commons ( not any Commons Elected to come in Parliament ) was afterwards , for a Fine or great Sum of Money , pardoned by the King , when he was hugely incensed against him , yet there was enough to manifest that there were none of the Commons . Eodem Anno instante Paschali solennitate fecit dominus Rex convocari Londini omnes Magnates Angliae cruce signatos , ut infra Quindenam Paschae ibidem convenerent , & super n●gotio Terrae sanctae eujus honor enormiter vacillare videbatur diligentèr contrectarent . Adhuc autem non terminato Parliemento , where the King was said to be inexorabilis factus omni petenti saltem breves inducias debitoribus suis non concessit & graviter Comes ( L●griae ) in cu●ia Regis accusatus , and when the King magnâ irâ had commanded Richard Earl of Cornewall his Brother , to deliver up his Patent or Commission of the Covernment of Gasco●gne , which the Earl refused , and charged the Citizens of Bourdeaux to apprehend him , which they denyed ; it is said , that Noluit autem Rex hoc praecipere Magnatibus Angliae , certus quòd hoc nullatenùs facerent siue maximâ consideratione . Rex igitur nè viderentur quidam Magnates qui jam illuc advenerant inanitèr suisse convocati districtè tractatum suscitavit . Soli to igitur cum Regis , Cleri , & Magnatum indignatione , &c. Convocatis denuò dommus Rex , Optimatibus suis , &c. Anno 37. Henry the Third , in Quindena Paschae tota edicto Regio convocata Angliae Nobilitas ( no Commons ) convenit Londini de arduis regni negotiis simul cum Rege tractaturi , extiterunt igitur ibidem cum Comitibus & Baronibus quamplurimis , Archiepiscopus Cantuariensis Bonifacius Episcopi Angliae fere omnes . Where when the King pressing for Aid and Supplies , could not , upon the Bishops unwillingness , forbear to remember them , how he had in particular advanced many of them beyond their deserts ; they had no better answer to return him , than Domine Rex , non facimus de praeteritis mentionem , sed Sermonem extendimus ad sutura , after many long Debates a Tenth was granted by the Clergy towards the Wars of the Holy-Land , per visum Magnatum ( not of the Commons ) cum iter ad Hierusalem arriperet , & à militibus Scutigeris illo Anno ad scutum tres Marcae , was perswaded by Fear , or the desire of the Money , by no Order or Ordinance of Parliament , ( to which not any of the Commons , though greatly concerned therein , were Parties ) to give his Consent , and walk with many of the Nobility and Bishops through Westminster-Hall in that direful Procession , with burning Torches , pronouncing Curses , and wishing Damnation , and the fiery Torments of Hell upon the Infringers of the Charters of their and the Peoples Liberties . 38. Henry the Third , t Convenissent universi ferè Angliae Magnates , viz. Comes Mareschallus , R. Bigod , Gilbertusque de Segrave , speciales domini Regis Nuntij ad Parliamentum venientes ex parte ejus propositum suum praecordiale Universitati Angliae fortè seducti nuntiantes , aderant autem illuc Comes Richardus frater Domini Regis Comes Cornubiae , Comes Wintoniensis cum domind Regina ( no Commons ) & omnes Episcopi Angliae ( exceptis duntaxat Cantuariensis & Eboracensis Archiepiscopis & Dunelmensi & Bathoniensi Episcopis qui cum Rege in Gasconia fuerunt ) where after the necessities of the King shewed , and the danger of Hostilities from the King of Castile , respondit Universitas , they did not believe there could be any such danger , & sic igitur solutum fuit Concilium cassum & inane . Eodem Anno u Congregati sunt iterum Angliae Magnates quibus significabat Rex , quòd pecunia indigebat & viribus amplioribus ad repellendum violentiam magni hostis supervenientis , but they alleadging former great Taxes denyed it . Anno 39. Henry the Third , Edicto Regio convocata convenit Magnatum numerosa multitudo , anno vero sub eodem ad sestum sancti Edwardi fuerunt apud Westmonasterium omnes ferè Angliae Magnates , ubi Rex petebat auxilium pecuniare . Anno 41. Henry the Third , veniunt Londini ad dominum Regem qui multos sibi cum Comite Richardo ibi Magnates congregârat quidam de Primatibus Alemanniae , concerning the Election of the said Earl Richard to be King of Almaine . Eodem Anno in media Quadragesima factum est magnum Parliamentum , where the Controversy betwixt the Bishop of Lincoln , and the University of Oxford was debated , & extitit ibidem tota ferè Angliae Nobilitas , but no Commons . ) 42. Henry the Third , Rex militiam Anglorum edicto Regio convocavit venire cum equis & armis contra Wallenses . Et post diem Martis , quae vulgaritèr Hokeday appellatur , sactum est Parliamemtum , Londini Rex namque multis & arduis negotiis sollicitabatur , where divers Altercations passing betwixt the King and the Parliament , it is said , Doluit igitur Nobilitas Regni in Crastino & diebus sequentibus habuerunt diligentem tractatum dominus Rex & Magnates , diebus quoque sub eisdem constantèr & praecisè respondêrunt uno quasi ore Magnates Regni in Parliamento Regi cùm urgentèr ab eis ( the Commons or any of them certainly , not personally being present ) auxilium postulasset , quod nec voluerunt nec potuerunt . Duravit adhuc Parliamenti praelibati Altercatio inter Regem & regni Magnates usque diem Dominicam proximam post Ascensionem , & dilatum est Parliamentum usque in festum sancti Barnabae apud Oxoniam , interim Optimates Angliae utpote Gloverniae Legrecestriae Herefordiae , Comes Marescallus & alii praeclari Viri ( no Commons ) confoederati sunt . Et prolabentibus diebus ante Parliamentum Oxoniale missi sunt solennes Nuntii , videlicet de Electis Comitibus & Baronibus ( none of the Prel 〈…〉 ) in Franciam ad Regem Franciae , desiring him to give them Aid , and not disturb them in their designs for Peace . Ad diem indictum Oxoniae Magnates & Nobiles terrae ad Parliamentum properabant , preceperuntque omnibus qui eisdem Servitium debuerant , ( which could not be a small number ) quatenùs cum ipsis venirent parati veluti ad Corpora sua contrà hostiles insultus defensuri quod fecerunt , caused the Sea-Ports , and their Confederate the City of London's Gates to be Guarded by their own Party , where the Magnates ( not the Common People ) demanded Justice , and a Confirmation to be made by the King of King John's , and his own Charters , Jurantes fide mediante & mutùo Dextras exhibentes , qùod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita & morte sua vel suorum . Recalcitrantibus Edwardus Principe Johanne Comiti Warrennae Willielmo de Valentia cum aliis , and when Henry the. Son of Richard King of Alemaine , began to joyn with them in the refusal he was told , quòd etiamsi pater fuus adquiesceret Baronagio ( no Yeomanry or any other under their degree of Barons ) Nollet nec unum sulcum terrae in Anglia obtineret . The King and his Son Edward , after all the Barons had Sworn unto them , were at length compelled to Swear to perform and observe all such Ordinances and Provisions , as the rebellious Barons had there made , who did shortly after send Messengers , ex parte Universitatis Regni , to the City of London , whom they understood to be in themselves comprehended , ( for the Londoners were those that were sent unto , not the Barons , who did send unto them ) qui convocaverunt totius Civitatis cives ( then no inconsiderable part of the English Nation , either as to Number , Riches , or Faction ) quos Barones vocant ( no Peers of Parliament , for they were as was then believed another kind of Barons ) & in aula quae Gildehall appellatur , u demanded of them si Statutis Baronum vellent fidelitèr obtemperare , and joyn in the resistance of those which should infringe them ; to which they thankfully gave their Consent , Et confecerunt super hoc eis Chartam suam de communi sigillo Civitatis consignatam ; veruntamen non adhuc quae Statuta fuerant proposuerant publicare circa idem tempus convocati fuerunt Praelati universalitèr ut Oxonioe convenientes nè penitùs cadat , Statum reformarent convenêrunt quatuor Episcopi ad hoc specialitèr deputati , qui convocaverunt exemptos omnes Abbates & alios alterius Ordinis vel eorum idoneos Procuratores ( no Laicks or vulgus ) scire volentes , si eorum Statutis vellent acquiescere & eorum defensioni & sustentationi unanimitèr adhaerere , sed quia quidam excusatione absentes , quidam in assensu dubitantes , nullum tunc potuerunt dare responsum recesserunt omnes imperfectum relinquentes Iudicium . Which manifestly evidenceth , that at the Parliament at Oxford , the Citizens of London had no Burgesses then and there representing in Parliament for them , and there appeareth no Consent there given or demanded by or from any other County , City , or Borough , in that Parliament , or given by them , or any of them , to the said Provisions made at the aforesaid Parliament at Oxford . And the Universitas Regni at Oxford there Assembled , can receive no other proper or genuine Interpretation , that they were those that were Assembled at Oxford , ( no elected Men of or for an House of Commons in the Parliament at Oxford , not at all there meant or intended by the Party or Provisions made at Oxford for the aforesaid Conservatorships , of which the Commons of England were never agreed to be any part or parcel ) but only for such as were Assembled at Oxford , which were none other than the Magnates and Optimates Regni , with their Milites and numerous Attendants , some whereof were especially named , as the Earls of Glocester and Leicester , Lord High Steward of England , Earl of Hereford , Constable of England , the Earl Marshal of England , & alii praeclari viri , their Confederates , with Letters and Statutes sent as aforesaid , from the Barons at Oxford , to the Citizens of London , brought an imperfect Return , for that some of the Citizens of London were then absent , and the other were not resolved what to answer or assent unto ; so as the Messenger sent to London from the Barons at Oxford , returned Imperfectum relinquentes Judicium . Destinantur postea Nuntij solennes ad Dominum Papam w ex parte Regni & totius Universitatis , qui nuntia sua domino Papae plenariè intimarent , & quàm citius possent non expectantes aliquam disputationem vel disceptationem remearent . Anno verò sub eodem Philip ' Lovel , Treasurer of the King , Capitales Justitiarij & quam plures de scaccario were removed from their places , and others put therein judicio Baronagij . 24. Henry the Third , Fuit Rex ad Natale domini Londini , ubi Magna solieitudine tractatum est inter Nobiles Regni , quomodo conservato suo salubri proposito satisfacerent desiderio Regis Richardi de Alemannia . The King Journeying towards the Sea to meet his Brother the King of Almaine . Who was reported to have raised Forces beyond the Seas to Succour him , and who the Baronage feared would come and alter what they had done , Nuntii solenmes ( wherein certainly according to their usual Phrase they intended themselves , not the Common People ) a Communitate Regni Angliae destinati , brought an Answer from him , si Nobiles x Angliae ( which he certainly understood not to be the common People , nor that they that sent them were the common People , or that the Nobility were intended to be a part of them , but rather that their Wills and Actions were wholly submitted to the Peerage ) reformare voluissent Regnum deformatum me deberent primùm accersire . In Crastino post ejus adventum in Angliam intraverunt Magnates Capitulum Cantuariense ( so great a Power had they then over their Tenants and the Common People ) ducentesque reverenter Reges Angliae & Alemanniae , the Earl of Gloucester stans in medio , called out the King of Almaine by the name of the Earl of Cornewall , to take the Oath for a general Reformation of the Kingdom . Eodem Anno being 43. Henry the Third , Congregati sunt Nobiles Angliae Londini prout inter se prius condixerant , whither came quidam de secreto Regis Francorum concilio Decanus Bituricensis , ubi non modicè tractatum fuit de negotio inter duos Reges Franciae & Angliae & quid in partibus transmarinis actum fuerit & exinde probatum . After which a Monk of St. Albans ex parte Regis , Reginae , & Magnatibus Angliae , finding the King , Queen & Magnatibus Scotiae in their Parliament , and informing them of the cause of his coming ex parte Regis , Reginae & Baronum Angliae , requested that the King and Queen would not fail to come into England , to treat of Matters of great Concernment and Secrecy , with much difficulty obtained Letters Patents from the King , Queen , and Nobility of Scotland , Communitèr sigillatas tàm sigillo Regis quàm omnium Magnatum Scotiae ad Regem Angliae & totam communitatem , wherein they granted their Request , dummodo se facerent Rex Angliae & Magnates ( which explains the extent and true meaning of the preceding words , Tota Communitas Angliae ) de scripto suo sibi prius promisso securos , and returned by him Domino Regi Angliae & Reginae & Magnatibus terrae Literas commendatorias , and did shortly after send the Earl of Bochan , and other honourable Commissioners to Treat with the King of England & ejus Concilio , who at their coming , speaking with the said Monk , Nullam in publico super expeditione negotij erga Regem & Regni communitatem ( which may in this place well be understood to intend the Baronage ) reliquerunt redeuntes Certificationem . Eodem Anno ex concilio domini Regis Franciae , Angliae & totius Baronagij , the Earls of Clare and Leicester , John Mansell , Peter de Sabaudia , and Robert Wallerand were sent ad Parliamentum Magnum Regis Francorum pro pluribus negotiis regna Franciae & Angliae contingentibus , carrying with them a Charter or Resignation from their King to the King of France , and Letters of Credence , to compose with that King and his Councell super negotiis ( without the Commons or their Consents ) inter eosdem Reges & eorum regna diu agitatis ; but for that the Countess of Leicester refused to resign that part , which she held or claimed in Normandy , infecto negotio cachinnantibus Francis redierunt . In the mean time the Almaines , perceiving how little their King elected was respected in England , returned home , saying , Ex quo compatriotae sui ipsum non venerantur , nos ipsum quomodo honoribus prosequemur ? And in his Absence elected another . Eodem Anno King Henry the Third in Franciam transfretavit , and required Restitution to be made of the Provinces in France , unjustly taken away from his Father King John , and detained from him ; unto which the French answered , That the Donation of Normandy was not free , but by force extorted by Rollo , so as the King , if he had a mind to regain it , having not Money to raise an Army , and especially when he did see his own Subjects ready to make War against him , was enforced to yield to a Peace , that pro 300000 Turonensibus parvis & restitutione terrarum in France unto him ad valorem y 20000 librarum in Gasconia , the King was to resign and release to the King of France his Dutchy of Normandy , and County of Anjou , & ex tunc literarum suarum abbreviavit titulum , ut nec Ducem Normanniae nec Comitem Andegaviae se vocaret . And fearing that he had committed Perjury in taking the Oath , to observe the Provisions enforced from him at Oxford , sent secretly to the Pope for an Absolution . Eo tempore Symon de Monte Forti Comes Legriae , Richardus de Clare Comes Gloverniae , Nicholaus filius Johannis , Johannes filius Galfridi , multique Nobiles ipsis adhaerentes convenerunt Oxoniae equis & armis sufficientèr instructi , finalitèr Sta●uentes aut mori pro pace patriae aut pacis eliminare Patriae turbatores ; whither came also the Bishop Elect of Winchester William de Valentia , and the rest of the Poictovins stipati Magna caterva satellitum & fautorum ; but when they understood , that the English Nobility intended eos vocare standum judicio pro suis nequam factis , simul & communitèr jurandum cum eis ad observandum provisiones , they fled to the Castle of Whitesey , whither the Barons pursued them , and fearing that the Bishop Elect of Winchester would carry his Complaints to Rome against them , sent four Knights as their Agents to Rome , with Letters under their Hands and Seals ( not of the Commons ) to complain of the Injuries which the Bishop had done to the Kingdom ; and the Justices itinerant of the King , were at Hereford prohibited to proceed , for that as was alleadged , it was against the Provisions made at Oxford . Anno 45. Henry the Third , the King retired to the Tower of London , and caused all the Citizens of London above the Age of Twelve Years , to Swear unto him Fealty , and made Proclamation that all that would come as Souldiers to serve him should be paid ; the Barons came with great Forces to the Walls of the Tower ; lodging in the City , the Absolution being come , and Prince Edward not accepting it , which the Magnates ( not the Multitude or Commons ) taking notice of missis Nuntiis humilitèr rogabant , ut z communitèr juramentum praestitum inviolabilitèr observare vellet , & si quid displiceret , eisdem ostenderet ad emendandum . Qui nequaquam acquiescens , durè & minacitèr respondens , dicens , quòd eis à Conventione deficientibus non amplius adquiesceret , sed unusquisque deinceps propriis defensionibus provideret , tandèm quibusdam mediantibus it was agreed , that Two should be chosen on the King's part , and Two on the Barons , ( no Commons mentioned ) and the Arbitrators were , if they could not agree , to choose a Third ; but by reason of Prince Edwards late return from beyond the Seas , and that being returned , and informed what strange Councels had been given his Father , was so Angry as he absented himself from him , and adhering to the Barons , saith the Continuator of Matthew a Paris , in hac parte prout juraverat fitque conjuratio inter eos , quòd malos Conciliarios & eorum fautores adquirerent & à Rege pro viribus alongarent , which the King understanding , betakes himself again to the Tower of London , Cum suis Conciliariis , Edwardo filio suo cum Magnatibus foris remanente , sed tandem interveniente Regina vix quibusdam concordati Magnatibus in pacis anplexibus invicem sunt suscepti , and the King relying upon the Popes Absolution , and the promise of the King of France unà cum suis Magnatibus sibi se velle succurrere manu forti , coming to Winchester displaced the Chancellor and Justice made by the Baronage , & novos creavit pro suo beneplacito . In the 47th . Year of his Raign , keeping his Christmass with the Queen in the Tower of London , Elaboratum est tàm à Regni Angliae Pontificibus quàm à Praelatis b Regni Franciae , that there might be a Peace betwixt the King of England , and his Barons , Ventumque est ad illud ut Rex & Proceres ( not the Commons ) se ordinationi Regis Franciae in praemissis provisionibus Oxoniae submitterent . Whereupon in Crastino sancti Vincentij congregato Ambianis populo penè innumerabili , Rex Franciae Lodovicus coram Episcopis , Comitibus , aliisque Francorum proceribus , ( the King of England , and his Queen , Boniface Arch-Bishop of Canterbury , Peter Bishop of Hereford , and all or most of the Magnates of England , before named ( no Commons ) which submitted to the reference on both sides ) Solennitèr dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus , ordinatio●ibus , & obligationibus penitùs annullatis , hoc excepto , quòd antiquae Chartae Regis Johannis Angliae universitati concessae per illam sententiam in nullo intendebat penitùs derogare ; which Award both Parties having solemnly bound themselves by Oath to abide by , Simon Earl of Leicester , and his Complices refused to obey it ; for that as they pretended the Provisions made at Oxford were founded upon that Charter of King John : So as the troubles and discontents continuing , and breaking out into open Wars betwixt the King and his never to-be-contented Barons , the Battel of Lewes shortly after followed , wherein the King was taken , and for a long time detained Prisoner , ( the King of France , and his Barons after a great part of his Design satisfied by getting a Release of the Dutchy of Normandy , giving him no manner of Aid at all ) nor after the more successful Battle of Evesham , had by the Escape and Valour of his Son the Prince reinvested him in his Kingly Rights , that King of France , and his Father before him playing the Foxes betwixt the King and his Father King John , in their Troubles with their unruly and rebellious Barons for their French advantages . Anno 50. of his Raign , kept his Christmass at Northampton , with his Queen , the King of Almaine , and Ottobone the Popes Legate cum exercitu formidabili . Anno 51. kept his Christmass at Oxford , with the Queen and the Popes Legate , multisque Magnatibus , ubi , after the ancient course of our English Kings , at that and the other Two great Festivals of the Year , to hold their great Councels , diligentèr tractatum est de pace reformanda inter Comitem Gloverniae & Rogerum de Mortuo Mari : Circa tempus istud Rex citari fecit Comites & Barones , Archiepiscopos , Episcopos , & Abbates omnes , qui communitèr militare servitium sibi debentes , ut apud Sanctum Edmundum cum equis & armis c sufficientèr instructi convenirent ad impetendum eos qui contrà pacem Regiam occupaverunt insulam Elyensem ; but the Earl of Gloucester refusing to come , the Earl of Warren , and William de Valentia were sent unto him , qui illum ad Parliamentum venire moverent ab adunatis qui ad Parliamentum citati fuerunt praeter rebelles , where primò & principalitèr Rex & Legatus , required the Bishops to consent to the Articles or Demands before recited . Anno 54. of his Raign the King and Queen cum Regni principibus , kept their Christmas at Eltham . So as that honourable Title of Barons , and those that have a just Claim or Right thereunto , is not to be trampled upon , and thrown amongst the Community , but contra distinguished from them , when Baro saith , The largely Learned Du Fresne a French Man , Sieur or Baron du Cange was in Persius time amongst the Romans , of no greater esteem than Servus militum , and by Isidorus were termed , or no better stiled than Ministri mercenarii , qui serviunt acceptâ mercede , yet apud Graecos nominantur Barones , quòd sint fortes in laboribus ; Barus enim dicitur gravis , quód sit fortis , Glossae M. S. Baro Gr ' Lat ' vir fortis , unde Barones ; Barones igitur Ministri appellati non modo Persii & Isidori aevis , sed etiam longè postea , siquidem Barones regios Ministros vocatos qui ex Regis familia erant , unde non mirum si traductam hanc vocem ad viros Magnates passim legamus , qui principibus ipsis obsequia & ministeria sua praestabant , seu ex officii ratione seu ex beneficio ac feudis quae ad ejusmodi obsequia impendenda iis indidem conferri solebant ; Quinetiam ab ipsa Augustini tempestate Barones dicti videntur viri nobiles Principum obsequiis & servitio addicti , vel certè viri Militares qui primos tenebant locos in aulis Regum , as those Words of his do Evidence , where he saith , Vbinam est Caesaris corpus praeclarum ubi caterva Baronum , ubi Principes aut Barones ; Quibus in locis ij fortè fuerunt qui in obsequiis Principum versabantur , ità ut numerosum eorum ac Nobilem famulatum indicare voluerit Augustinus ; Quemadmodum autem famulos homines vulgò appellabant . Ita Franci & omnes Boreales populi postquam Galliam invasêre vel Italiam Barones quosvis viros nominârunt , as their Salique , Ripuar , Aleman , and Longobard Laws , Constitutiones Sicul. Capitulars of Charlemaine and Hinckmarus in his Epistles have informed us : The Barones Regum Angliae were the Magnates , qui de domo & familia Regis sunt vel certè majores Regis Vassalli qui de illo praedia sua nudè tenent ; Adelwaldus was one of King Edward the Confessors , which Florentius Wigornensis , and the Book of Ramdsey do stile Minister Regis : The Barons of Almaigne , from which Nation our Saxon Ancestors being descended , brought unto us many of their Customs , made a two-fold difference amongst their Barons , Alii dicuntur simplices Barones , alii semper Barones , & semper Baro is esse fertur qui à nullo horum feudum habet , sed alii ab ipso , adeòque liber est ut nulli ad fidelitatis astringitur juramentum ; insomuch as it was a very ancient Custome and Observance amongst the Germans , not to allow the Title or Dignity of Baron unto any that were not Born of such a Frey Heeren Father and Mother , but those who were on the Mothers part descended from an ordinary Tenant , holding by Military Service of others , they would by no means call Barons , but Debaronized them ( which in time might have introduced amongst us , that Distinction long after about the Raign of our King John of the Barones majores , those that were Ministri Regis , and held great Possessions only of the King , for long before the Conquest they were called Thaines , Barons , or Lords , who were Honorary , and the Minores middle Thaines or Valvasores , who were only feudal , and held all or much of others or lesser parts of the King , and by Canutus's Laws there appears to have been in those times Thani infimae conditionis : In Germany , saith Schwederus , there are two sorts ; The First that do hold of the Empire immediately ; The Second mediately of others , and that in the diversity of Opinions amongst the Learned , whether the word Baron be derived from the Hebrew , Greek , Latine , Spanish , or French , the Germans have been content with theit own word , or original Baar , which signifieth Frey or liber homo & Barones are liberi Domini Frey Heeren : Et Baro signifieth virum dignitate praecellentem : So as that exquisitely Learned Du Fresne in his Gloss upon the words Barones Parliamenti , saith , In Anglia & Scotia , qui vulgò Lords of Parliament vocantur , ij sunt ex Majoribus Baronibus qui à Rege undè pendent & ad Parliamentum sive concilium publicum diplomatibus Regiis evocantur , nam constat in Anglia ut in Francia non omnes qui à Rege praedia sua immediatè tenebant ad Parliamenta admissos , nam nimius esset numerus eorum ; sed illos tantum qui proximi essent a Rege & dignitate & vassallorum numero caeteros anteirent , prout etiam in ipsis Baronum feudis factitatum : And defining a Barony , saith it is Praedium à Rege nudé pendens vel maius praedium vel feudum ; Cassanaeus taketh it to be Quaedam dignitas habens quandam praeeminentiam inter solos simplices Nobiles . Tiraquel by good Authority of rectified experimented Reason , Laws , and ancient Customs , saith , Leges sanciri debent a Principibus etiam Nobilium concilio quod plane ostendit Virgilius de Aceste Rege loquens Gaudet regno Treianus Acestes Indicitque forum & Patribus dat Jura vocatis . Id est , Leges sancit Jura distribuit vocatis ad id Patribus id est Senatoribus . L'Oyseau defining Seigneuries saith , they are Publique ou prives , and that les droits & praerogatives des grandes Seigneuries a scavoir les Duchez , Marquisats , Comtez & Principautez , dont le premier est qu'elles ne relevent que du Roy , encore que de leur nature elles deuvoient relever immediatement de la Couronne . C'est pourquoi les Feudistes les appellent Feuda regalia ou Regales dignitates tit ' de Feud encore non tant pour ce qu'elles participent aux honeurs des souverainetez que de leur d'autant qu'elles sont vrays Fieffs du Roiaume ne pouvant relever d' autre Seigneurie . Et tout ainsi que ces Capitaines s' aydoient de leurs vassaux en la guerre aussi faisoient ils en les Justices principalement aux causes d' importance qu' ils Iugoient par leur advis & pour ceste raison ils les appelloient Pairs Cour , C'est a dire Pairs au Compaignons de leur Cour de Justice . Saith , le Seigneurie privee n' induit point de puissance publique , and concludeth and proveth it to be un Erreur d' penser qu' aux livres de Fieffes Valvasores Regni seu Majores valvasores fussent ceux qui tenoient leurs Fieffs a Capitaneis Regni , nempe a ducibus & Marchionitibus . And were had in such a Veneration and Respect , as when in the first Year of the Reign of Queen Elizabeth , an Act of Parliament was made , that every Member of the House of Commons should before the Lord Steward of the King Queen , or her Successors Houshold , or his Deputy , for the time being before they sit , or be admitted by his Oath taken upon the Holy Evangelists , testify and declare , That the Queens Majesty is the only Supreme Governour of this Realm , and of all other Her Highnesses Dominions , and Countries as well in all Spiritual and Ecclesiastical things or causes as Temporal , and renounce all Foreign Jurisdiction of any Foreign Prelate , Prince , or Potentate whatsoever . And promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness , her Heirs , and Lawful Successors , and to my Power shall assist and defend all Jurisdictions , Priviledges , Preheminences , and Authorities granted or belonging to the Queens Highness , her Heirs , and Successors , or United and annexed to the Imperial Crown of this Realm . From the taking of which Oath , the Lords Temporal , and all of or above the degree of a Baron , were by that Act of Parliament of 5. Eliz. exempted , for that the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament . Although of that High and Honourable Assembly of the House of Peers , all that hold Offices under our Kings , as the Lords Chancellour , Treasurer , Steward , great Chamberlain , and Chamberlain of the Houshold , Constable , Earl Marshal , Lord Privy-Seal , Secretaries of State , and all that receive Creation-Money of him , as Earls , Viscounts , Marquesses and Dukes , and all the Assistants as Judges , Masters of Chancery , and the Barons in that high Court of Judicature , Subordinate to the King , may find themselves comprized and obliged in and by that Act of Primo Eliz. ca. 1. as the Arch-Bishops and Bishops are . For it may everlastingly , with great assurance of Certainty and Truth , be affirmed , That our Parliaments or great Councells have in their Constitutions , Formes , Customes , and Usages , altogether or for the most part followed , and imitated those of the Almans , Saxons , and Ancient Francks , when Marculfus , who lived in the Year after the Incarnation of our Blessed Saviour Jesus Christ , Six Hundred and Sixty , now something more than One Thousand Years , when Clodouaeus the Son of Dagobert of the Merovignian , and first Race of the Kings of France ruled , as it will be Evident by the Writ of Summons thereunto , Entituled , Prologus de Regis Judicio cum de Magna re duo causantur simul , in the form or words ensuing , ( or the cause of Summoning or Calling the Parliament as our Kings have many Times done in their Writs of Summons to their Parliaments ) Viz. Cui Dominus regendi curam Committit cunctorum Jurgia diligenter examinatione cum rimari oportet , ut juxta propositionum vel responsionum alloquia inter alterutrum salubris donetur sententia , quo fiat ut & nodos causarum vivacis mentis acumen coerceat , & ubi praelucet Justitia illuc gressum deliberationis imponat : Ergo nos in Dei nomine ibi in Palatio nostro ad universorum Causas recto Judicio terminandas , una cum Dominis & Patribus nostris Episcopis vel cum plurimis Optimatibus Nostris patribus illis Referendariis illis Domesticis illis vell Senescallis illis Cubiculariis & illo Comite Palatii vel reliquis quam pluribus Nostris fidelibus resideremus ibique veniens ille illum interpellavit cum diceret , &c. Upon which words , viz. Una cum Dominis & Patribus Nostris Episcopis , the Learned Bignonius Commenting saith . Hi enim in Iudiciis Regi assidebant , ut etiam notavit Tillius , qui rectè Curiae seu Parliamenti originem hinc deducit , illudque ita durasse usque ad Philippi Vallesy tempora , qui amplissimum Parisiensem Senatum à Comitatu & Consistorio Principis separatum edicto constituit . Hujus quoque Judicii Episcopis & Proceribus adstantibus forma refertur Antiquitatum Fuldentium Lib. 1. Anno Dominicae Incarnationis 838. Jnd. 1. 18. K L. Julii facta est Contentio Gozboldi & Hrabani Abbatii coram Imperatore Ludovico & filiis ejus Ludovico & Carolo , necnon & Principibus ejus in Palatio apud Niomagum oppidum constituto de Captura , &c. Presentibus Trugone Archiepiscopo , Otgario Archiepiscopo , Radolto Episcopo , &c. Adalberto Comite , Helphrico Comite , Albrico Comite , Popone Comite , Gobavuino Comite Palatii , Ruadharto similiter Comite Palatii , & Innumerabilibus Vassallis Dominicis . So did the Referendarii , Masters of Requests or Chancery the Senescallus Palatii , the Cubicularii . And Bignonius moreover declareth : Domestica dignitas fuit non Contemnenda sub prima & secunda Regum nostrorum familia , nam inter praecipuos Regni Ministros Domesticisaepe enumerantur ; & in praefatione Leg ' Burgundion ' Sciant itaque Optimates Comites Consiliarii domestici & Majores domus nostrae & cum munera in Judicio accipere prohibeantur , eos quoque Judicasse dici potest , sic Leg ' Ribuar ' tit . Go. Ut optimates Majores domus domestici Comites Grafiones Cancellarii vel quibuslibet gradibus sublimati in provincia Ribuaria in Judicio residentes munera ad Iudicium per vertendum non recipiant ; Hos etiam Regi Judicanti adsedisse probat Marculfus ipse lib. 4. dum inter Ministros & officiales qui Regi adsiderent domesticos recenset . Neither were the Writs of Summons to the Peers and Lords Spiritual and Temporal , in that fatal 49th . Year of the Raign of that unfortunate Prince King Henry the Third , though many Ages before Accustomed to be Summoned to their Soveraign's great Councells , framed upon any better Foundation than Force , and Partiality , when a Rebellious part of the Baronage of England had , by the Success of their Rebellion , made him , and the Prince his Son , his Brother Richard Earl of Cornewall , King of the Romans , and his Son , with many of the Loyal Baronage , and other his faithful Subjects , Prisoners on purpose to create an Oligarchy in Symon de Montfort Earl of Leicester , Gilbert de Clare Earl of Gloucester , and some few others of their triumphant and seduced Party , and fix in themselves a Conservatorship , and domineering Power over the rest of the Peers , and Nobility , and their fellow Subjects , especially the Commons , left in a full assurance of Slavery , and hopeless of any thing more than to be Assistant to the everlasting Ambition and variable Designs of others . SECT . XIV . That those enforced Writs of Summons to the Lords Spiritual and Temporal , accompanied with that then newly devised Engine or Writ to elect Knights , Citizens , and Burgesses to be present in Parliament , were not in the usual and accustomed Form , for the Summoning the Lords Spirituall and Temporal to the Parliament . FOR the eminently Learned Selden hath informed Us , That the most ancient Writ of Summons that he hath seen , was no Elder than the 6th . Year of the Raign of King John , directed to the Bishop of Salisbury , Commanding him to come , and Summon all the Abbots , and Convential Priors in his Diocess to do the like , viz. Mandamus vobis rogantes quatenus omni occasione & dilatione post positâ sicut Nos & honorem Nostrum diligitis sitis ad nos apud London die Dominicâ proximé ante Ascensionem Domini Nobiscum tractaturi de magnis & arduis negotiis nostris & communi Regni utilitate ; Quin super his quae a Rege Franciae per Nuntios Nostros & suos Nobis mandata sunt unde per Dei gratiam bonum sperare vestrum expedit habere concilium & aliorum Magnatum terrae nostrae quos ad diem illum & locum fecimus convocari , vos etiam ex parte Nostrâ & vestrâ Abbates & Priores conventuales totius Diocesis citari faciatis , ut concilio praedicto interfint , sicut diligunt Nos & communem Regni utilitatem . T. &c. The Roll that hath this Writ hath no Note of Consimile to the rest of the Barons , as is usual in other close Rolls of Summons to Parliament ; but it appears in the Body of it , that the rest were Summoned , and that there was a Parliament in the same year . And another close Roll in the Raign of the same King , and in the same year hath a Writ in these words , viz. Rex Henrico , Mandavimus tibi quod in fide quam Nobis debes , sicut Nos , & Corpus , & honorem nostrum diligis , omni occasione & dilatione postpositis sis ad Nos apud Northampton die dominica prox ' ante Pentecosten parat ' cum equis , & armis , & aliis necessariis ad Movendum nobis cum Corpore nostro , & standum nobiscum ad Minus per duos quadrag ' ità quod infrà terminum illum à Nobis non recedas , ut te in perpetuum in grates Scire debeam . T. R. &c. And out of a close Roll of the 26th . Year of King Henry the Third , cites a Writ of Summons in these words . Henricus , &c. Reverendo in Christo Patri Waltero Eboracensi Archiepiscopo , Mandamus vobis quatenùs ficut Nos & honorem nostrum pariter & vestrum diligitis , & in fide quâ Nobis tenemini , omnibus aliis negotiis omissis sitis ad Nos apud London à die sancti Hillarii in quindecim dies ad tractandum Nobiscum unà cum caeteris Magnatibus nostris quos similiter fecimus convocari de arduis negotiis nostris statum nostrum & Totius Regni nostri specialiter tangentibus , & hoc nullatenus omittatis . T. Meipso apud Windlesorum 14. die Decembris . Subscribed with Eodem modo Scribitur omnibus Episcopis , Abbatibus , Comitibus , & Baronibus . And that the First that he found accompanied with the other circumstances of a Summons to Parliament ( as well for the Commons as the Lords ) is in the 49 h. Year of the Reign of King Henry the Third in the Form before-mentioned ( which by the Dates of the Writs were by Sir William Dugdale first of all Discovered , or taken notice of to be during the said King's Imprisonment ) by which he calls both the Earls and Barons to Westminster ( no such words as the Commons being called appearing either in the Exemplar , or Transcription of the former Writs , or in that which Mr. Elsing hath left unto the World. In formâ praedictâ subscribitur Abbatibus , Prioribus subscriptis , &c. without any Christian Names , or Additions formerly used . Sub data apud Woodstock 14. die Decembris . In formâ praedictâ mandatum est Comitibus , & aliis Subscriptis dat' apud Woodstock , viz. Comiti Leicester , Comiti Glou ' , Comiti Norff ' , & Marescal ' Angliae , Comiti Oxon ' , Comiti Derby , Rogero de sancto Johannis , Hugo de Spencer , Justiciar ' Angliae , Nich ' de Segrave , Johanni de Vescy , Robert Basset , G de Lucie , & Gilbert de Gaunt , of which the Earls of Leicester , Gloucester , Norfolk , Oxford , and Derby , were notoriously known to be in open Armes , and Hostility against the King , the whole number of the Temporal Lords therein named , not amounting unto more than Twenty-Three , with a Blanck left for the names of other Earls and Barons , which have not been yet inserted or filled up . And all the other which were in that constrained Writ of Summons , particularly and expressly named , were no other than H de le Spencer Justiciar ' Angliae , John Fitz John , Nicholaus de Segrave , John de Vescy , Rafe Basset de Drayton , Henry de Hastings , Geffery de Lucy , Robert de Roos , Adam de novo Mercato , Walter de C●lvill , and Robert Basset de Sapcott ; those which together with the then Bishops of London , and Worcester , Symon de Montfort Earl of Leicester , and Steward of England , H. de Boun Juvenis , Peter de Monte forti , & S. de Monte forti Juvenes , Baldwin Wake , William le Blond , William Marescallus , Rafe de Gray , Will ' Bardoff ' Richard de Tany ( or Tony ) Robert de ●●teri Ponte , made up the Number of the opposite Party to the King in the aforesaid Reference to the King of France . And Mr. Selden hath observed , That the Preambles sometimes so varied , that some eminent Occasions of the calling of the Parliament were inserted in the Writs to the Spiritual Barons , that were not in those to the Temporal ; and oftentimes no more than a general and a short Narrative of the Resolution of having a Parliament , with much variation in the Writs of that nature , with many Differences of slighter Moment , sometimes against making of Proxies , and at other times a Licence to make them , and sometimes in all a Clause against coming attended with Armes ; and saith That until the middle of the Raign of King Richard the Second , when Dukes , Earles , and Barons , were created by Letters Patents of our Kings , that the names of the Barons to be Summoned to Parliament , were Written from the King's Mouth at his Direction and Command ; and in that agreeth with Mr. E●sing , who saith it was ad libitum Regis , for surely none but the King can Summon a Parliament , and that is the Reason that Henry the Fourth having taken King Richard the Second his Leige Lord Prisoner , the Twentieth of August , in the 21st . Year of his Raign , did cause the Writ of Summons for the Parliament , wherein he obtained the Crown , to bear Date the Nineteenth day of the same Month , and the Warrant to be per ipsum Regem , & Concilium , and himself to be Summoned by the name of Henry Duke of Lancaster . And the Warrants have been divers , sometimes per breve de privato sigillo , but commonly per ipsum Regem , or per ipsum Regem & Concilium . SECT . XV. That the Majores Barones , or better sort of the Tenants in Capite , Justly and Legally by some of our Ancient Kings and Princes , but not by any positive Law ( that of the enforced Charter from King John at Running Mede , being not accounted to be such a Law ) were distinguished and separated from the Minores , or lesser sort of the Tenants in Capite . FOR it could be no design in the Framers or Contrivers of his Charter , to make any distinction betwixt the Majores , or Minores Barones , of the Kingdom ; or to leave to Posterity a definition of either of them ; or a Rule for after Ages , for that would have unpolitickly very much disturbed and distracted that rebellious Assembly at Running Mede , or could be likely to obtain any more thereby , as to their meeting in our Kings great Councels ( the word Parliament being not then in use amongst us ) than to have a Common Councel shortly called to settle the manner of Assessment of Aides upon Knights Fees , and to that only end to Summon the Tenants in Capite , which were not all of that sort , being not the Majores or Magnates then , and yet understood by our Nation to be the Barons long before , and ever since , at the good Will and Pleasure of our Kings , usually Called and Summoned by them to their Great Councels upon urgent Occasions ; the Majores Barones being to be there present to advise thereupon : Which , for after Assemblies of that nature , constantly to be holden , would have been very Numerous , Troublesom , Chargeable , and Dangerous , if the Tenants in Capite had been Threescore Thousand , as Ordericus Vitalis hath Recorded them , or but Thirty Two Thousand , as our great Selden hath more probably estimated them : And although the Learned Sir Henry Spelman was enclined to believe , that the distinction betwixt the greater and lesser Baronage , had its Foundation in that Charter ; and the Learned Cambden , from a very good Authority as he thought , asserted , That King Henry the Third , Post Magnas perturbationes , & enormes vexationes inter ipsum & Symonem de Monte forti , ex tanta multitudine quae seditiofa & turbulenta fuit Optimates quosque rescripto ad Comitia evocaverit ; yet Mr. Selden saith , That in all that he hath met with since the making of that Charter , he found no mention of any Interest which those other Tenants in Chief eo nomine had in our Kings Great Councels or Parliaments , who doubtless were the Persons that were excluded from it , and was perswaded to give little Credit unto the Author cited by Mr. Cambden , but rather to conclude , That not long after that grand Charter of King John ( like enough in that time ) some Law was made , that induced the utter Exclusion of all Tenants in Chief from Parliaments ; besides the Ancient and Great Barons , and Baronies ( which Mathew Paris saith , King Henry the Third reckoned to be Two Hundred and Fifty ) and such other as the King should in like sort Summon ; and that there were Barons by Writ , as well as Barons by Tenure , cites a Testimony out of Mathew Paris , who speaking of King Henry the Third , saith , That in the Twenty Nineth Year of his Raign , Rex edicto publicè proposito de submonitione generaliter factâ fecit certificari per totam Angliam , ut quilibet Baro tenens ex Rege in Capite haberet prompta & parata Regali praecepto omnia servitia Militaria quae ei debentur tam Episcopi & Abbates quàm Laici Barones , Barons holding in Capite , as if some held not so , which must be such as were Barons by Writ only . The Tenants in Chief being by those Differences distinguished in their Titles , Possessions , and Reliefs , were so much less in Honor , than the greater Barons , who had several Writs at every Summons , and all the ancient Circumstances of the Title of Baron still remaining to them : It was the less difficult for those greater Barons to Exclude the rest wholly at length from having any Interest in the Parliaments of that Time , under the name of Tenants in Chief only . And although in somewhat a different , and much inferiour manner to the Majores Barones , their Number , Greatness of Provinces and Estates , or near Alliance in Blood unto the Crown , is not much unlike the distinction made in France of the Douze Pairs , not exclusively to the other Baronage ; which our Mathew Paris , and their own Authors will Evidence , were not only before , but are there to this day continued as a Degree of Honor , different from the Barones Minores , or the Vulgus or Common People , much inferior to that lesser Baronage ; yet the Annalls and Records of France , are not yet accorded of the precise time of the first Institution of their twelve Pairs , lately Augmented to a much greater number . For Du Fresne is of Opinion , That in the Year 1179. which was the 25th . Year of the Raign of our King Henry the Second , there was no certain number of the Peers of France , Narrat quippe Rogerus Hovedenus Willielmum Archiepiscopum Remensem eundem Regem unxisse Remis , ministrantibus ei in illo officio Willielmo Turonensi & Biturocensi & Senonensi Archiepiscopis , & fere omnibus Episcopis regni Henricum vero Regem Angliae de jure ducatus Normanniae coronam auream qua coronandus erat Philippus & Philippum Comitem Flandriae gladium regni praetulisse , alios vero Duces , Comites & Barones praeivisse & Secutos diversos diversis deputatos officiis ( according to the long before used custom of the English at the Coronation of their Kings ) where divers of the greatest Officiary and Nobility ; as the Constable , Marshall , Steward , and Great Chamberlain of England , cum multis aliis , One Nation learning of Another their Customs and Usages , did conceive it to be an Honour fixt in their Families by Grand Serjeanty : Et Rigordus eandem Coronationem peractam ait , astante Henrico Rege Angliae & ex una parte coronam super caput Regis Franciae ex debita subjectione humiliter portante cum omnibus Archiepiscopis , Episcopis , caeterisque regni principibus , ex quibus patet , saith Du Fresne , caeteros Episcopos qui pro Franciae Paribus habentur , ea quae hodie non assecutos ministeria in ea Solemnitate . Proinde hand improbanda forte sententia qui Parium Francicorum duodecim virorum definitum fuisse tradunt a S. Ludovico Rege quos inter est Iohannes a Leidis lib. 22. ca. 7. itaque Sanctus Ludovicus Rex Franciae ordinavit in regno Franciae constituens inde collegium seu capitulum qui haberent ardua regni tractare , Scilicet 6 Duces & 6 Comites , & de Ducibus sunt tres Episcopi , & de Comitibus sunt etiam tres Episcopi . And L'Oiseau a Learned French-man giveth us an account of the Erection of the 12 Pairs of France in these Words , ils furent choisis selon la plus vray semblable opinion par Loys le Ieune du tout a la maniere des anciens Pairs de fief dont parlent les livres de fieffs et ont aussi toutes les mesmes charges qu' eux a Scavoir d' assister leRoy en Son investiture qui est son sacre & coronement et de juger avec luiles differens des vassaux du Royame & ont les uns & les autres este ainsi appellez non pas pour estre agaux a leur seigneur mais pour estre Pairs & compagnons entr ' eux seulement come l' explique un ancien Arrest donne contre le Comte de Flandres au Parlement de Toussaints 1295. rapp●rte par du Tillet . Ce fut pourtant un trait non de ieune , mais de sage Roy lors que les Duc's & Com'tes de France avoient usurpe le souverainete presque entiere pour empescher qu' ils ne se separassent tout a faict du Royaume d'en choisir douze des plus mauvais les faire Officiers principaux , & commemembres inseperables de la couronne a fin de les ingager par un interest particulier a la maintenir en son integri●e mesmea empescher la des union des autres moindres qu' eux moyen que les Allemans ont aussi tenu pour la conservation de l' Empire par la creation des 7 Electeurs . ( Which in process of Time being long afterwards done by the Aurea Bulla , might not improbably have been instituted in some imitation of the douze Pairs du France . And in Anno 1226. being the 30th year of the Reign of our Henry the 3d , the Earl of Flanders , and the Earl of Boloigne complaining that their Lands had been Seized and taken away , without the judgement of the 12 Peers , as by the Laws of France , they , as was alledged , ought ; and when those their greivances were redressed , they would attend at the Coronation ; howsoever Blanch the Queen Regent , although the Duke of Burgundy , Earl of Champaigne , St Paul Britain & fere omnes nobiles ad Coronam ( who may probably be understood such as more particularly did hold by some grand Serjeanties to be performed at the Inauguration of their Kings ) did by the Counsell of the Popes Legat , cause her Son Lewis to be Crowned without them . And when St. Lewis . the French King so called , whose Saintship in our Barons wars , had cost England very dear , could in a seeming friendly Entertainment of our King Henry the 3d at Paris , wish with an Outinam duodecim Pares Franciae had not done as they did in the forfeiture of Normandy , & mihi consentirent certe amica essemus indissolubiles , but did at the same time adde , & Baronagium , and might have understood that that judgment against King John denyed by the English to have any justice in it , was not given by the 1● Peers against him as Duke of Normandy , for he was one of the principall of them himself , and was neither present or heard . But whither that or their Offices to be performed at the Coronation of their Kings , gave the rise or ground of that especiall Peerage , the time when being something uncertain , for Du Fresne doubting of it , declareth , that quando the Pairs of France redacti fuerunt ad duodenarium numerum non omnino constaet inter Scriptores sane in confesso esse debat ab ipso seudorum origino vassallorum Coronae Franciae controversias a Paribus suis fuisse judicatas & Anno. 1216. which was the 17th year of the Raign of our King John , numerus Parium Franciae non fuit definitus . And that distinction of the Majores Barones & Minores Barones , mentioned in King Johns extorted Charter a● Runingmede , whether then newly gained , as the learned Sir Henry Spelman believed , or only put in practice by Edward the first , a better defender of his Crown-Rights , then his Father or Grandfather , as others have with good probability conceived , may receive the better entertainment amongst all the friends and well-willers of truth and reason , when it shall be considered how much it corresponds with that more antient custome amongst the Hebrews in a government , ordained by God himself , where the Princes of the 12. Tribes of Israell , Summo Magistratui assidebant , Nobilium ordo pro seminario munerum praecipuorum quia , saith Besoldus , liberaliter educati sapientiores esse censentur , and therefore Comites or Earls , being antiently in the Reign of Charlemaine ( which was in Anno Christi 806. if not long before , Perfecti Provinciarum & qui Provincias administrabant , were with Dukes also and Barons , not only in France , about those times , but in Germany also ( whereas Bodin saith , they did so spirare libertatem , as they 〈◊〉 it , on Earth to be the utmost of their wishes and d 〈…〉 to obtain as much as they could of it ) inserted , and put in 〈…〉 the Ma●ricula or Roll of the States of the Empire , Et in Comi 〈…〉 us suffragii habuerunt , and Arumaeus as well as many other 〈…〉 hentick Authors , are of opinion that it was pars liberta●is , a great part of the peoples liberty , and for their good , that deliberatio ordinum concilio et authoritate quorum periculores agitur suscipitur ; Et qui apud principem et jura Comitiorum u●a & perpetua privativa est mediata subjectio qua qui infectus est , nec Comitiorum particeps esse potest , it being a Rule or Law in such Assemblies , that they that sit there , or are to have voice or suffrage therein , were to hold immediately of the Empire , and the reason of the first institution of the Parliament of France , composed of the ancient Nobility by the ancient Kings of France , & Pepyn , was , as ( Pasquier that learned King Advocate of France observeth ) inpartem solicitudinis , to assist their Kings in the better management of their Government , who did thereby communicate les affai●es publiques a leurs premier & grandes Seigneurs come si avec la Monarchie ils eussent entre mesler l' ordre d' une Aristocratie & gouvernement de plusieurs personages d' honneur & ne se mettre en haine des grands seigneurs & Potentats , and not draw upon them the envy of their great and mighty men . Et estans les grands Seigneurs ainsi lors uni se composa un corps general de toutes les princes & gouverneurs par l' adois desquels se vinderoint non seslement les differeuts qui se presenteroient entre le Roy & eux , mais entre le Roy & ses Subjects ; And the great Lords being so united , composed and made one generall body of all the Princes and Governours of Provinces , by whose advice and councell , not only the differences which should happen between the King and them , but betwixt his Subjects , and were to be in extraordinary concernments of the Kingdom determined Et estoit l' usance ; de antiens Roys telle qu'es lieux ou la necessite les summomot se uvidoient ordinairement les affaires par assemblees generals des Barons ; and accordingly by the direction of right reason , or of that or the more Ancient government of the Greeks , in their great Councel of Amphiction , or of the Romans in their Empire ; where in suis constitutionibus prohibitum fuit ne portae dignitatis vilibus personis paterent quas ipsa remana respublica plebeis cum sui destructione aperuit ut in ipsos Senatores imo tandem Consules insurgerent particularia Jura ( plebiscita ) pro plebe formarent tandem sibi summam potestatem sub tribintia authoritate arrogarent & factionibus in contrarium motis rempublicam perderent ; and our Saxon Kings could neither think they wronged themselves or their subjects , to call to their Assemblies and great Councells , for the redressing of Grievances and Enacting of Laws , their regni Scientissimos & Aldermannos , Governours of Provinces , so as they which have had any Conversation with Tyraquel & Nolden de nobilitate , Cassanaei catalogus gloriae mundi , L'Oyseau in his books de Seigneuries & de droit des offices , Du Fresue's glossar , our Seldens titles of Honour , Sr John Ferues glory of generosity , & Sr Henry Spelmans glossary , may find , as L'Oyseau saith , that there are simple Nobles , & hautes grauds & moindres seigueurs publicquees et privees , And they may loose more credit then they are likely to get in making such a stir to metamorphose Pigmies into Gyants , and Gyants into Pigmies , & procure their Proselites or fellow-Undertakers , if they can , to believe that all the world hath been since the creation therof , greatly mistaken beside themselves . Howsoever if that will not accomodate their levelling humors and designs , they will make an essay to entice others to invade their Sovereigns Rights and Authority , although they themselves should miss of their mark or aim , intended by putting the Majores Barones in mind , that they have a co-ordinate or compulsive power in their Kings great Councells , more then deliberative or subordinately Judiciall , when there will be evidence enough against it , and the Parliament-Rolls and Records , will ( if well observed ) afford ensuing plentifull proofs and instances thereof . Principes Comites & Barones Imperii alique ordines non tantum minora cum provinciis et territoriis sibi in feudum datis sed et ex majoribus illis quae re haud Innania capiunt , as our William the Conqueror did in his Grant of the Earldome of Chester teneud ' Ita tibere per gladium ut Rex tenet Angliam per gladium , and that Earl and his heirs had diverse Barrons under him of their own Creation . And one of the said Earls granted the Earldom of Lincoln to his Sister Hawisa and her heirs , the Bishoprick of Durham as a County Palatine aver Justice haute & Basse subordinate to the King ; and in like manner was the Dutchy of Lancaster granted by our King Edward the 3. § . 10. Incorporales res apud omnes quoque gentes in feudum dari receptum et Jura appellantur haec res Immobilium Jure censentur arg . l. 2. de servis idque plenius & planuis Intelligi potest . sect . proced . n 4. & 5. Similiter venatio quoque expresse in feudum dari potest ( as our free-warren ) & tunc licet fuudus in venatione non consistat id est propter eam non habeatur venari potest vasallus & quod teperit ipsius erit , l. 9. sect . 5. l. 62. F. de usufr. Successio etiam alia ex testamento alia ab Intestato liberis deficientibus e latere conjuncti veniunt , whence proceeded the power of the Tenant in Capite granted King Henry the 8. by Act of Parliament , to dispose of 2 parts of his lands , reserving a 3 part to the Heir and Administrations de bonis Intestati , were anciently ( as Mr Selden saith ) granted by our Kings or Lords of Manors Derivatively from them , 13. E. 1. Quia Emptores terr . the statute . 1. E. 1. compelling men of 20 l. per Annum , to take the honour of the Knighthood , 17. E. 2. de homagio faciendo , cum multis aliis . And those together with the before-mentioned Feudall Laws have been so fundamentall to our Laws and Customs of England , and which hath been called our Common Law , as it hath been rightly said to be velut ossa Carnibus , and so Incorporate in the body thereof , as it runneth like the life-blood , through the veins , arteries , and every part thereof , circulating to the heart the primo vivens & ultimo moriens of our heretofore , for many ages past , in our very ancient body-politick and Monarchick , attested and every where plainly and visibly to be met with , seen , and understood , not only in and by our Glanvill , Bracton , Britton , and Fleta , together with our Annalls , Historians , and Records ; the latter of which as unto matter of fact do never lye or speak false ; but is and hath been written , said and practised , by , in , and amongst the most of Europaean Nations of Germany , France , and Spain , if we reade and consider well the books of their learned Lawyers , when too many of our now effassinated nation , will not take the pains to look into former ages , or if at all , beyond our Inexpiated & late Rebellious Age , beginning at the year 1641. but scorn at Solomons large , Just , and Well-deserved Commendations of Wisdom ; and esteem the Prophet Jeremy , inspired by God to be no other in his Councel or Advice , State Supervias antiquas & inquire veritatem , then a fopp or a grave thinking Coxcomb , and to be told to his face , as the Prophet Jeremy was , say what thou wilt , we will not hear thee . And it may be to our sorrow be made an Addition to our heretofore seven wonders of England , that our Littleton , and Sir Edward Coke his adoring Commentator , should draw the water , and have so little or no acquaintance with the Fountain , from whence it Came ; and all our Year-books , and Law-Reports should allow of so many of our Feudall Laws , and not cite , or quote , or tell us from whence their Originall came in : Insomuch as Littleton as Sir Edward Coke relateth , speaketh of the Kings Prerogative but in 2 places in all his book , viz. § . 125. 128. and in both places saith , it is by the Law of England , And Sr Edward Coke that gave in some of his books , that good and wholesome advice , petere fontes & non Sectari Rivules , should not ( as he fondly did ) have built Altars , & Sacrificed his otherwise to be well esteemed abilities , to the reasonless and notoriously false and vain figments of his so much adored modus tenendi Parliamentum , and the mirrour of Justice , and it can be no less then a marvail , that so learned a Councell at Law and State , as that great and Excellent Queen Elizabeth was so blest with , should permit her to afflict and torment her mind , in the taking away the life of her Cousin Mary Queen of Scotland for Treason , who had fled unto her for protection , against the persecution of her Rebellious Subjects , who had driven her out of her own Kingdom ; and was by some Ill-affected English made use of in some of their plots and Conspiracies , which were then made or Contrived , by the advantage of her being here , against their Sovereign and her Royall Government ; upon a designed Marriage betwixt her and the Duke of Norfolk , and to endure the menaces and threatnings of some forreign Kings and Princes her Allies , to avenge her death as a Common Concernment , ( which his now Majestie , and his blessed Father , the Royall Martyr for his people , could not in all their many distresses find any amongst their great Allies and kindred , that would do any thing more then to make their own unjust advantages by an Early Complying with their Adversaries ) when the Justice of that her unwilling action in the Silence of our best and most learned Annalists and Historians , ( who brobably might in that and other matters of our Laws , think our Feudall Laws to be as unnecessary to be proclaimed in England , as that there is a God , when every one should believe it ) might have easily proved & demonstrated , the sentence & condemnation of that unfortunate Queen being a Feudatory of our Queen Elizabeth , and holding her Kingdom of Scotland of her by ancient Tenure in Capite , homage and fealty , of and under her Crown of England , to have been agreeable unto those Laws , although very unhappy unto the necessity of the one in the causing , and the other in her Suffering under it : and that so many of the Kings Council in the Law , that should be more than the Carved Lyons about Solomons Throne , if they would but read the learned B●oks that have been written by some Learned Gentlemen and Divines in the defence of the Kings Just Rights from the Bars of our Courts of Justice to the Bench , and from the Bench to the Bar , should take so little notice of those our fundamentall Laws , as only to entitle the Kings ancient Monarchick Rights to no better a Foundation and Originall , then that which the miserable seduced and infatuated Common people shall be pleased to call Prerogative , as if it were some new word or term of Usurpation or Tyranny , to be maligned , bawled , and bayted at , by the silly rabble ; or as if the name of Prerogative made every thing unjust that the King or his Ministers have either done , or shall do ; and some of the Causes ( for reason amongst many of the effascinations which like the Egyptian darkness hath almost Covered all our Land of Egypt ) is a word too good for it , may be the mischeivous quarrell betwixt our Common Lawyers and Civill or Caesarean Lawyers , not reading or understanding so much as they should do , the venerable mother of that which they would call the Common Laws ; when at the same time they can be content to make use of their Excellent Rules and Maximes in many of their Pleas , Arguments , Books , and Reports , as so many faithfull Guides and Directions . And for further satisfaction unto , and as far as a demonstration from what original the most of our fundamental and Principal Laws tanquam a fonte purissimo , the purest fountain of Right Reason , have proceeded , been fixt and continued amongst us , the particulars of the Feudal Laws following , not before mentioned , will ( if rightly considered ) abundantly Illustrate and Declare , when the Feudists or Fendal Lawyers may assure us , that the Feudal Laws being as a Jus gentium of all the Northern Nation of Europe , from or out of which England , Scotland and Ireland , with their adjacent Isles and Territories are not , or ever yet were to be excluded . In the company whereof , attended also as the Fidus Achates the Trinoda necessitas or expedtitiones castrorum & pontium reparationes ; From which the Bishops and Clergy by themselves or others , were not to be excused , raysing of Forces at the Countries Charges ( which the preservation of their Lands , that were given them for that service , besides the obligations of their Oaths , and gratitude strictly oblige them unto ) making provisions for the War , for the Victuals and the Wages of Military Men , as well at Home as in Forreign Expeditions , for the defence of the Kingdom and State ; together with the Arrogationes Auctoritatem dare , l. 2. F. de adopt . Sect. c. 1. or give licence to adopt ( as our King Stephen did King Henry the II. ) Which together with our Licences & Pardon of Alienation , and Fines paid for the neglect thereof , Courts-Leet and Baron , Ancient demesne , Free and Copyholders , and Fines certain or uncertain , at the Will of the Lord , Prescription of Ancient Custome and Usage not mala in se , villani Bordarii manucaption Satis datio or Baile , Fribergh , Tithings , Sheriffs Turnes or County-Courts , Hundred-Courts , and our Communia Concilia or Parliaments , upon Urgent and Special occasions , concerning the defence of the Kingdom , and Church of England , and the advice of the Lords Spiritual and Temporal to be had therein . Wardships , Marriage , Advowsons , Patronage of Churches , License of Widdows of Tenants in Capite , to Marry , Seizures Ouster les maines , Liveries or Investitures , Primer seizen ; forfeiture of portion upon marriage tendered and refused , respite of homage , Priority in Suing for Debts , Ann. Diem & Vastum . Power to amend , wave , or charge his Demurrer , to Imploy Coroners , Escheators , and Feodaries ; Issues aut diem clausit extremum stay other Mens Actions with a Rege Inconsulto ; Kings Silver or Money to be paid pro Licentia Concordandi , Writs of per que Servitia cessavit per Biennium de Coronatore eligendo de advocatione , and the Assessments of Escuage quare impedit & de viridario eligendo in Parliament . Writs of Couge de Eslire Evesque . Writs of Recordare or Accedas ad Cariam , Writs of Prohibition distringas de Excommunicato Capiendo ; our Juries or Tryals in matters of Controversies per pares , our Writs de Odio & Atia ne injuste vexes , Writs of Novell Disseisiu , or of Entry and Redisseisin or Triall by Battell , or Judicium Dei fire deal or Ordial , Writts de Nativo habendo Certiorari de Proprietate probanda cum multis aliis , mentioned in that authentique book of our Laws called the Register of Writs ; and even almost the whole frame and Context of our Laws do ( besides the Laws and Statutes made by our Kings and Princes , and the reasonable Customes and Usages of the People , indulged or allowed by them ) plainly bear and declare the Idea , Effigies , and lively Portraict of the Feudall Laws Planted and established as they ought to be in this our heretofore more happy Islands ; distinguishing Estates in Lands granted inter feudum nobile & plebeium : From the former of which , our Nobility and Bishops have derived their Privileges of Freedom from Common Process of Arrest , and even the widdows of the Nobility , together with the precedency of the Sons and Daughters of them ; And our Kings have enjoyed the privilege of protecting the persons of their servants from personall arrests , which they may certainly as Justly and lawfully do , as the members of the house of Commons , and their Servants ; And that of the House of Peers in Parliament do and have none in the Times of Parliament , and it should not be unobserved or unknown by or unto our later Lawyers of England , that the ancient and usuall forms of our Declarations and Pleadings at Law , have been and are , that the Plaintiffs or Defendents were or are Seized in dominico suo ut de feodo Simplici aut Talliato , and that our Laws have or had ab antiquissimis Seculis , or ages , a great mixture of the Feudal Laws , which the people esteemed to be a part of their happiness , untill this our last mad age of Rebellion , Faction and Sedition , had taught our English Copy-holders to esteem their Tenures to be a Norman Slavery , wherein the Charity and good-will of their Landlords have continued to their generations , yet notwithstanding have by length of time converted their kindnesses into a villanous Custome of Ingratitude . And as the Civill Law had before done inter patrones et Clientes , the patritii or Nobility esteemed it to be a Disparagement to intermarry with the vulgar , who could not for a long time , and without much Strugling , be admitted into the Magistracy ; ( as Livy and other good Roman Historians have assured us ) but were as a Seperate part of the people , glad to be content with their Tribuni plebis to Intercede with the Senate , to make good and wholsome Laws , or abate the rigour or Severity of any of them ; so far were they from ambition or any designs of Intermedling above their Incapacitated Spheres , or Incroaching upon the Kin●●y Government ; as if Simon Montford , and his Fellow-Rebells , had by force put upon King Henry the 3d. in the 49th , year of his Reign , taught them the way unto it , not as he did , by force , but by degrees and sly Insinnuations , working upon the Indulgence or necessities of their princes , but might have tarryed long enough , and beyond the longest period of time , before our Feudal Laws would have given them so much as a leave or licence to attempt it . However if that will not do , those Novillists , or hatchers of new & unwarrantable doctrines , will to work again , & limbeck their Fancies , to vent the only Vapours of such imaginations , or what can be Extracted as some Elixir Proprietatis , Elixir Vitae , or Salutis , to be purchased at their own & others costly enough rates and prices , so as they may be instrumentall and subservient to their Wicked , and Seditious Designs , of Subverting the Monarchy , and Deluding the People . And their men of more Faction then Wifdom , Law , Right , Reason , or Evidence . SECT . XVI . That the General Councels or Courts mentioned before the Rebellious meeting of some of the English Baronage , & the constraint put upon King John at Running Mede , or before the 49. of H. 3. were not the Magna Consilia , or Generale consilium , Colloquium , or Communia Consilia now called Parliaments , ( wherein some of the Commons , as Tenants in capito , were admitted ) but only truly and properly Curiae Militum , a Court Summoning those that hold of the King in Capite , to acknowledge , record and perform their services , do their homage , and pay their reliefs , &c. and the writ of Summons , mentioned in the close Rolis of the 15th , year of the Reign of K. John , was not then for the summoning of a great Councell , or Parliament , but for other purposes , viz. Military Aids and Offices . WHich withall their Strains , Conjectures , or Alchimy of abused Wit , will never be able to make the Writ , which Mr Selden found in the close Role of the 15th , year of the Reign of King John , to be any Patern , or to have any resemblance with the Writs of Summons , framed by Simon Montfort , and his rebell-party , in the time of the Imprisonment of King Henry the 3d , in the 49th , year of his Reign , having no other then these words , viz. Rex vit . Oxon , precipimus tibi , quod omnes milites ballivae tuae , qui Summoniti fuerunt , esse apud Oxon ad nos a die omnium Sanctorum in quindecim dies , venire facias cum armis suis , corpora vero Baronum sine armis similiter , Et quatuor discretos milites de Comitatu tuo illuc venire facias ad nos , ad eundem Terminum , ad loquendum nobiscum de negotiis regni nostri , & meipso Westmonaesterium , 7. die Novembris , and not the 15th as Mr. Selden hath mis-recited the dates thereof . Et eodem modo Scribitur omnibus vice Comitibus , Which writs , he saith , seemeth to be a Summons to Parliament at Oxford , by the Strangest Writ of Summons , and without example , that he had been , and was ever-willing to prove the distinction , betwixt the Barones Majores & Minores , to have its originall or foundation about that Time : Whereunto pace tanti viri I may not subscribe , for that it is more likely to be but a military Summons , much of that roll being busied in Writs of Summons of Array to the Ports and others against a feared approaching invasion of the French , to whom the Pope had given the Kingdom of England , and so many Tenants in Capite would have made too great a number to appear in a Parliament or Great Councell , and have been much fitter for a Muster , and to come with Arms was not Parliamentary , and there was nothing like a distinction in that Writ or Summons betwixt the Majores and Minores Barones , for they held in Capite also as all the other did , and the quatuor milites out of every County might all or some of them hold in Capite , and if it had been to a Parliament , the Barons would have had particular Writs of Summons directed unto them , and the Praelates also , who were usually Summoned at the same time , and as other of the Baronage would have taken it ill to be driven to their Duties by Sheriffs Authorized by Writs of Venire facias , and Samuel Daniell much disagreeing with Mathew Paris therein , gives the reason of those Writs , and that intended great assembly to have been only the great care of King John , to gather all the Force and Strength he could to march with him to Dover , to resist the French , and to that end having before Summoned all Earls , Barons , Knights , and who else could bear Arms , to be ready at Dover presently upon Easter , furnished with Horse , Armour , and all Military Provision to defend him , themselves , and the Kingdom , against the intended invasion under the penalty of Culverage , which was perpetuall Shame and Servitude . Whereupon so great numbers came , as for want of Sustenance , being returned home , he retained only some of the more able sort , which amounted to the number of 60000. and some of the writs or Commissions of Array sent to the Ports had a clause therein , & unusquisque sequatur Dominum suum , Et qui terram non habent & arma habere possint ( as Mathew Paris hath it ) illuc veniant ad capiendum solidatas Regis , and the words Corpora vero Baronum sine armis , in the writts of resummons of the more speciall part of the men formerly summoned , having nothing of the penalty of Culverage , might be well understood to be , that the Barons , who were not to be arrayed by Sheriffs amongst Common Soldiers , were in such a case of extremity to be desired to be there sine armis to encourage , and lead on those that held of them . And they with the quatuor milites discretos , were besides ad loquendum cum Rege , which being to be without Burgesses , and not ad faciendum & consentiendum to those things which the King and his Councell of Praelates and Barons should ordain , can arrive to no nearer a resemblance , of the forced writts of the Elections of some of the Commons , to come to a Parliament in the 49th , year of the Reign of King Henry the 3d , then 4 Knights of every shire , without Burgesses , do unto 2. with as many Burgesses out of every City and Burrough , some Citys having a County appertaining unto it ( but are not many ) and sending four , whereof 2 were to be for the Connty and 2 for the City , and as little resembling in the business or matters for which they were to come , as ad loquendum de negotiis regni cum Rege , doth with ad faciendum & consentiendum to such things as the King and his Councell of Barons , Lords Spirituall , and Temporall , should in Parliament advise , and ordain . In the first year of the Reign of King Henry the 3. when no Acts of Parliament are found to have been then made , that King directed his writ to the Sheriffs of Devonshire , and unto all his Sheriffs of the Counties and Shires of England , quod venire faciat usque Oxon , A die Iovis prox . post nativitatem sancti Johannis in tres Septimanas , Archiepiscopes , Episcopes , Abbates , Priores , Barones , Com : omnes , milites , libere tenentes , & omnes alios qui servitium nobis debent , equis & Armis , cum fideli nostro Will. Marist . & aliis Magnatibus de Consilio nostro , quae eis praeteperimus , & hoc , sicut honorem suum & sui Indempnitatem diligunt , nullatenus omittant , teste Com. apud Glouc. And in a writ directed to the Sheriff of Berks , Commanded him , quod venire fac . usque Oxon. die Dominica prox . post festum sancti Petri , ad vincula totum servitium , quod Archiepiscopi , Episcopi , Abbates , & viri religiosi , Com. & Baron . & Omnes alii de Balliva tua quaecunque fuerint nobis debent ; venire fac . illuc ad diem illum similiter , omnes illos de Baliva tua , qui non sunt homines praeditorum , & per Catalla eorum & alia Jurati sunt , promptos , & paratos ad eundum in servitium nostrum , quae eis praecepimus , quae &c. T. apud Oxon. So as it may , with some confidence be asserted , that the Commons of England , otherwise then comprehended in the authority , Votes and Suffrages of the Nobility and Bishops , had before the imprisonment of H. 3. as aforesaid , no Summons by election or otherwise , to come unto the great Councels , or Parliaments of our Kings or Princes : Wherefore they must be more then a little confident , of their art in tentering other mens Judgments and Opinions , to affirm with any probability , that the Commons , or any elected number of them , either in the now mode of Election , or that which had its first creation in the imprisonment of King Henry the 3. otherwise then as he , or the former Kings did sometimes use , as they pleased , to call some of the more Wise and Able of them for Advice or Information , as King John did ad loquendum , or as King Henry the 3d. in the 36th , Year of his Reign , did call the Londoners to Westminster , about taking upon them the Cross , and attending him in those Wars , representing in that particular only , their own Estates , or Qualities . When in a Parliament holden by the Queen , and her Councell , in his absence in France , in the 38th , year of his Reign , though Mathew Paris , and Mr Daniel have given us no intimation of a Parliament then holden , ( wherein do not appear to have been any Commons or House of Commons ) the Lords gave an aid by themselves , the Clergy doing the like , as is evidenced by the 2 following Records in these words , viz. Rex dilecto & fideli suo Willielmo de Oddinggeseles salutem , Cum Venerabilis pater B. Cantuariensis Archiepiscopus , Episcopi provinc . Cant. R. Com. Cornub. frater noster , R. Com. Glouc. & alii Com. & Barones in quindena sci . Hillarii jam praetoriti apud London , coram dilecta Regina nostra & Consilio nostro Commorante in Anglia , constituti nobis promiserunt liberaliter & benigni facere auxilium decens & perutile , viz. quidam prelati in propriis personis , & quidam in pecunia ; Comites vero & Barones in propriis personis suis , potenter contra Regem Castelliae , qui terram nostram Vasconiae in manu forti in quindena Pasche proxime futur , hostiliter est ingressurus , vos ex toto corde requirimus , quod sicut supradicti Commites & Barones nobis promiserunt quod erunt London A die Paschae prox : futur in tres septimanas parati & bene muniti , sine ulla dilatione versus Vasconiam ad nos personaliter movere ; vos ad dictas diem et locum modo consimili veniatis omni occasione & dilatione postpositis , ad tendendum versus portesmum cum praefatis Magnatibus , ad transfretandi cum eisdem ad nos in Vasconiam , et hoc , in fide qua nobis tenemini , vobis firmiter injungimus , & sicut honorem nostrum , & indempnitatem corporis nostri diligitis . T. per Reginam 5. die Febr. Et mand . est per Henr. 3 Regem in An. 38. regni sui Archiepiscopis et Episcopis totius Angliae , quatenus cum festinatione omni convocent omnes Abbates et Priores suae Diocesis cujuscunque sint ordinis , inducentes modis omnibus quod nobis in praesenti necessitate subveniant , manu lar 〈…〉 lua ; ne per defectum ipsorum vel aliorum corporis incurramus periculum , et terrae nostrae jacturam , quod absit , quia id verteretur in vestrum ipsorum opprobium sempiternum , sic igitur vestra vigilet discretio circa praedictum auxilium tam a vobis deferendum quam a subditis vestris per quirendum , quod futuris temporibus vobis & ipsis simus non immerito obligati . Proviso quod praefatum auxilium habeamus apud Westmonasterium in quindenam Pasche proxime futuram sine defectu , & hoc sicut nos & honorem nostrum , nec non & indempnitatem corporis nostri diligitis , non omitatis . Dirigitur etiam litera ista Archiepiscopo Cantuar , cum hac clausula , & quod ordinariam jurisdictionem exercetis vacante sede in Episcopatu Linc. vos requirimus affectuose quatenus officiariis vestris et Archiediacono ejusdem Episcopatus scribatis , attente quod tempestive convocent omnes Abbates , & Priores ejusdem Episcopatus , cujuscunque sine ordinis ad certos dies & locum abducentes eos nudis omnibus quod in hoc necessitate vestrae concilium nobis faciant subventionem . And the failing to perform Military services was afterwards by the Statutes of 6. E. 1. ca. 4. & 13. E. 1. ca. 21. made so Penall and fixed upon them , as after a Cessavit per Biennium in the performing of their service , the King or Chief Lord might by writs ordained to be granted out of the Chancery , demand and prosecute to recover the same , and such Tenants after Judgments had against them were to be for ever barred to demand , or enjoy the same , and where either the King demands Escuage of his Tenants , or the mean Lords demands Escuage of their Tenants , it was to be assessed in Parliament , and Proved or disproved by Certificate of the Marshall of the Kings Host , who is enabled thereunto by his Roll kept for that purpose . When in Parliament , the members of the house of Commons either holding Lands , in Capite , or of mesne Lords , by Knights Service , were not upon denying to grant Subsidies , or Aydes to the King , to forfeit or lose their lands , according to the aforesaid Acts of Parliament or otherwise . And such kind of Courts for lands holden in Capite or by Knights service , should not by the most ordinary and mean Capacities , be understood to be one and the same with the great Court or Councell of Parliament , which many times by the Power and Authority of the King in that his Highest Court , corrects , and rectifies the defaults of the other . Our high Courts of Parliament , having the Judges of the Land subordinate to their Prince , whether they have lands holden in Capite or no land , summoned by his writs to give their Councell and advice as to matters of Law , and the ancient customs of the Kingdom , wherein the King is attended with his great Ministers or Officers of State , as the Lord Chancellor , Treasurer , Privy Seal , great Chamberlain of England , Lord Steward , and Chamberlain of his houshold , and Lord Admirall , whether of the degree of Barronage , or holding of him in Capite , or not , with other great & solemn formalities becoming the honour and State thereof , with which that most honourable assembly is accompanied , greatly different from those lesser Courts or Councell of summoning and calling together , those that were only proper or obliged to actions of war , or to know how their services were performed , when our Parliaments being summoned to treat and advise of matters , concerning peace and the defence of the Church , and de quibusdam arduis only , and have sometimes no matters of war consulted thereon . Those military Councells , anciently summoned for service in war and defence , being in a very different form from Parliamentary Councells , as for further satisfaction may be manifested by the writs aforesaid . And was no more then what every Earl and Baron had in their Courts and Jurisdidictions , when they summoned the Tenants , holding of them by Knights service , to their Courts of honour , or their honorary Possessions which were in our records frequently stiled , as the honors of Eagle , Eye , Leicester , Hedingham , Penerel , Arundel , &c. to which purpose they had their Escheators , Feodares , and Stewards to preside , or officiate therein , subordinate unto them , when they called their Tenants together either to ayd , ride , or go along with them in the wars and service of their Prince and Country , or to pay them their reliefs or ayds , pairfile marier , which the Law Interpreteth to be only the elder , or to make the eldest Son a Knight , or to do their homages , or pay for the respite of them , and to give the Lord to understand what alienations had been made of the lands holden of him , whereby to Entitle him , and those that did hold of him , to the benefit of the Statute of Quia Emptores terrarum . And altogether dissimular to that of the Parliament first begun , with those few of the Commons , which adventured to come unto it in Anno. 49. H. 3. when he was a Prisoner in the custody of Montfert Earl of Leicester a powerful rebell , discontinued and interrupted , as rebellious designs ought to be , after his release , untill King Edw. the 1. found it convenient to make use of that kind of writ of Summons to ballance the then swelling power of some of his over-Unweildy Baronage . For in the former or those great Councells or Parliaments that were before the 49th Year of the Reign of King H. 3d. the Lords Spiritual and Temporall took upon them the care & charge of the Commons , as included in themselves , as their Subjects , they being by that then first kind of Writ only Elected to consent & yield Obedience to such things , as the Lords , not themselves , should ordain ; for had it been ( as it never was ) otherwise , it would have been altogether ungatory and ridicule , to allow a power to the Commons to ordain , when they were impowred only to assent unto and obey , and cannot at all be understood to obey , and be subservient to that which themselves had Decreed , the Lords Spirituall and Temporall , untill the King had given unto what was advised by them , his Royall sanction and assent , being not at all obliged to any Obedience thereunto . And untill the statute de Tallagio non concedendo , without the Assent of the Lords Spirituall and Temporall , and the Commons in Parliament Assembled , was by King E. 1. assented unto , had nothing to do in the granting of ayds and subsidies in Parliament Concurrently with the Lords Spirituall and Temporall , in the aforesaid Writ of 18. H. 3. is said to be for to supply their own necessities as well as the Kings . But in the Military Courts , which were as aforesaid Summoned by King John or any other of our Kings before 49. H. 3. the Knights or those that held in Capite , or Knights-Service , that should fail to do their Services , was to forfeit their Lands so holden , and be in the Kings Mercy , or pay Escuage , which though it were to be assessed by Parliament , was not then Understood to be a Parliament Composed of an House of Commons , but a Parliament after the Ancient way , consisting only of the Lords Spirituall and Temporall , the Kings Great Officers of State , Judges and Councell . Which our Kings and their Councell both generall and speciall , were not ignorant of , either as to its right use , or necessity , for publique good or preservation , When King John being rightly informed , and in fear enough of an Invasion intended by the King of France , his profest and known enemy , et de omnibus quae in transmarinis partibus agebatur edoctus , did not only inbreviare omnes naves , universis portubus totius Angliae per brevia sua sed alias literas universis Vicecomitibus regni sui misit et direxit sub hac forma , Johannes Dei gratia Rex Angliae , &c. Summone per bonos Summonitores , omnes Barones , Milites , & omnes liberos homines , & servientes , vel quicunque sint , vel de quocunque teneant , qui arma habere debent , vel arma habere possint , & qui homagium nobis , vel ligeantiam fecerunt , quod sicut nos & seipsos & omnia sua diligunt , sint apud Doveram ad Instans clausum Paschae , bene parati cum equis & armis , & cum toto posse suo , ad defendendum caput nostrum , & capita sua , & terram Angliae , & quod nullus remaneat , qui arma portare possit , sub nomine Culvertagii , & perpetuae servitatis , ( when both in England and France , nihil magis quam opprobrium significavit ) Et unusquisque sequatur dominum suum , & qui terram non habent & arma habere possint , illuc veniant ad capiendum solidatas nostras , & tu omnem attractum victualium , & omnia mercata ballivarum tuarum venire facias , ut sequantur Exercitum nostrum , Ita quod nullum mercatum de ballivis tuis alibi teneatur , & tuipse tunc sis ibi cum predictis Summonitoribus , & scias , quod scire volumus quomodo venerint de ballivis tuis , & qui venerint , & qui non & videas quod tu Ita efforciate venias , cu 〈…〉 equis & armis , & haec Ita exequatis , ut inde ad corpus tuum nos capere debeamus , & tu inde habeas rotulum tuum , ad nos certificandum qui remanserunt . Whereupon , saith that Historian , his ergo literis per Angliam divulgatis , convenerunt ad maritima in locis diversis , homines diversae conditionis , et aetatis , sed cum per dies pauces tantae multitudini victus defuisset , remiserunt ad propria , principes militiae , ex inormi vulgo copiosam Multitudinem milites solummodo servientes , & liberos homines cum Balistariis & sagittariis , juxta maritima retinentes omnibus , igitur congregati ad pugnam aestimati sunt in exercitu apud Barham d●nam inter milites electos & servientes strenuos , & bene armatos sexaginta millium virorum fortium , quibus si er ga Regem Angliae & defensionem patriae cor fuisset & anima una non fuisset princeps sub coelo contra quem regnum Angliae se non defenderet . And it was no mervail to the people of England , who then had not learned to be affraid or make Bug-bears of publique good , or kick and winch at every thing that tended that way , when King Edward the first in the 24th , Year of his Reign , Citari fecit omnes qui sibi servitium debebant , caeterosque omnes qui viginti libratas terrae & amplias tenebant , ut parati essent Londoniis in festo sancti Petri ad vincula cum equis & armis transfretaturi , cum eo & Regis stipendiis militaturi . And do very much differ from a Writ to Summon the Lords Spirituall and Temporall to Parliament , as ad colloquium or consulendum , does from coming parati cum equis & armis which the Ancient cares and usage of Parliaments , since that over-powerfull , and unhappy designs of some unruly Barons coming in Arms to the Parliament at Oxford , in the 42. Year of the Reign of King Henry the 3. and the sad consequences thereof taught our Kings to take heed of it ever after , by prohibiting the coming to Parliaments with Arms , and differs no less from the purpose , tenour or purport of the Writs , or Commissions to elect Knights of the Shires , Citizens and Burgesses , which had their first Originall and Commencement to come to our Parliaments , in Anno. 49. of King Henry the 3. when that King was a Prisoner to an Army of Rebells , & was not then untill after a long intervall of time in Anno. 22. E. 1. re-continued sub eadem fo 〈…〉 a , which was in no other Tenour , or to any other purpose , then ad faciendum & consentiendum iis to those matters or things , which the King by the Councell and advice of the Peers viz. the Lords Spirituall and Temporall should ordain , and although there have been ab ultima antiquitate great Councells or Parliaments . Now , although not formerly , called Parliaments in this Nation or Kingdome , yet they were not materially or formally the same , and if it could be proved that the members thereof consisted of 3. Estates , besides the King their Sovereign Lord , before the 49th , Year of the Reign of King Henry the 3. which all our Parliament Records do deny , yet they that were admitted or came under the Elections , illegally forced Writs and designs of Montfort , and his rebellious partners , by their then only newly contrived House of Commons , can never entitle themselves to the same Origene , Identity , purpose and usage of our former Parliaments , before that House of Commons in Parliament were admitted to consent unto and do what the King by the advice of his Lords Spiritualand Temporall therein should Ordain . And there might be allways reason enough found , that there should be a distinction betwixt the great Councells of Parliament , which were not only for extraordinary emergencies touching the defence of the Kingdom , and Church , and redress of grievances in Civill affairs and contingencies , and that which was for Military aids and services , for saith our old and learned Bracton , in Rege qui recte regit necessaria sunt duo haec , Arma videlicet & leges quibus utrumque tempus Bellorum & pacis recte possit gubernare , utrumque enim illorum alterius indiget auxilio , quo tam militaris res possit esse in tuto , quam ipsae leges usu Armorum , & praesidio possint esse servatae , Si autem Arma defecerint contra hostes , rebelles , & indomitos sic erit regnum indefensum , sic autem leges sic exterminabitur Justicia nec erit qui rectum faciet Judicium . And our Kings , whose Royal Progenitors had heretofore all the Lands in England holden of them in Capite , might , in their greater concernments , better deserve to keep their seperate and particular Military Courts for aids and services , then those many of their Subjects do , that would be unwilling not to be allowed to do it in their own Estates , which had no other fountain or originall then the bounty and indulgence of their Kings and Princes ; and Bracton hath inform'd us , that quod ille homagium suum facere debet obtentu reverentia quam debet domino suo , adire debet dominum suum ubicunque inventus fuerit , in regno vel alibi , si possit commode adiri , Et non tenetur dominus quaerere suum tenentem . And in the homage , Secundum quosdam , there is to be salva fide debita domino Regi & haeredibus suis. Et quod faciet servitium debitum domino suo , & haeredibus suis , & non debet homagium facere privatium , sed in loco publico & communi , coram pluribus in Comitatu , Hundredo , vel Curia , ut si forte tenens per malitiam homagium vellet dedicere , possit dominus facilius probationem habere de homagio facto , & servitio recognito . Which with the aid of tenures , and feudall Laws , and the homage & services due from the Subjects to the Crown , their Oaths of Allegiance and Supremacy , and our many and excellent Laws for self-preservation , and publique safety did so firm , and fix the Militia , and Jus gladii in our Kings and Princes , ordained and appointed by God , for the execution of Justice , Defence , and Protection of the People , their Religion , Persons , Lives , Laws , Liberties , and Estates , as they that would by perverted , wrested , and falsly concluded arguments overturn our Government , and have Labour'd by all the Shifts and Falsities , which the Devill and his Imps could contrive and furnish , to Propagate their Designs , and Principles of Wickedness and Confusion , may find that all the Laws , Records , Annalls , and Historians of the Kingdom do assert , and prove the Jus gladii to appertain to none , but our Kings , and that the attempt to take it from them hath been ever accompted and punished as a Rebellion ; And that they are not Masters of their Wits , or are Lunatiques without intervalls , that can think their Industry and Pains well bestowed , to go about to prove that there ought to be , or ever was an Allegiance Oath , or Homage made or taken to the People universally considered , or was unto them due or could be by any right rule of Law , Custom , or Right Reason , claimed by them or any way appropriate unto them . Unto which well known and allways due Rights of our Kings and Princes , were very subservient those great aids and support of the Kingdom , the Knights fees and lands , held of our King in Capite , the strength and honour whereof , could neither well be preserved , called upon , or certified unto our Kings in their Exchecquer , as the book called the Red-book , in that Court , kept only for that purpose , will inform us , without an often Summoning those necessary and useful Courts , or keeping them from a disuse , which heretofore were wont to serve as Prognostiques or Indications , or a feeling of the strength and pulse of the Kingdom , by our Kings and Princes , the careful Phisitians thereof ; the neglect whereof by the dissolution of the Abbies , Monasteries , and religious Houses , and those large quantities of lands being no less then a fourth part of the Kingdom , and the parcelling thereof into small quantities , afterwards granted with a tenure in Soccage , and our Kings granting of other great quantities of the Monastick Manors and lands , to be holden in free and Common Soccage of the King , as of his Manor of East Greenwitch , together with the carlesness of the Court of Wards and Liveries , and the Eascheators and Feodaries of the after ages , so little minding their Duties and Oaths , as if one parcell of lands were by a Jury found to be holden in Capite , they were well content to suffer all the rest to pass with a per quae servitia ignorant , and the carelesness in the levying of Fines , and not suing out of Writs , in such cases accustomed called per quae servicia , which , if the tenures in Capite and by Knight service had not been so ever to be lamented unhappily exchanged , for a moyety , after the Kings decease , of a corrupt and unwholsome Drunken Excise , those Terms in Capite with their Military aids and services , the quondam strength and glory of our Kings and Nobility , would have dwindled and shrunk into a consumption and Tabes , of our heretofore Gigantine body politique , and have for a great part by themselves , without the so often murmuring and unwilling taxes and assessments been too weak or feeble to preserve their grandeur , and protect and defend them and their peoples properties , trades and interests , from domestick disturbances and forreign invasions or Injuries . Howsoever rather then want a Shift , or that which they would have to be called Truth and Reason , when it can be neither of them , they think something may for their purpose be picked out of old Bracton , to help in a Case of necessity , & & it were a pity , that the best Cause of God , as they call'd it , should be lost , for want of a little help to Support it , & therfore rather then suffer it to sink and perish , every one that was well affected and a well-willer thereunto , should make use of all the Contrivances imaginable , and do all that they can to perswade and believe , otherwise it will Conduce to little purpose . SECT . XVII . That the Comites or Earls have in Parliament or out of Parliament , Power to Compell their Kings or Sovereign Princes to yeild unto their Consults , Votes , or Advices , will make them like the Spartan Ephori , and amount to no more then a Conclusion without Premises or any thing of Truth , Law , or Right Reason to Support it . BUt the straw and stubble upon which the late long Parliament-Rebellion hath built a great part of their wicked and godless pretences by misusing and ill understanding of a piece of our learned Bracton , snatched and torn from the true and genuine meaning and Intention of the Author , will deceive their expectations and hopes in relying upon it , if where he saith , Item nec factum Regis nec Chartam potest quis Judicare Ita quod factum Domini Regis irritetur sed dicere potuit quis quod Rex Justitiam & bene et si hoc eadem ratione quod male & Ita imponere ei quod injuriam emendet , ne incidat Rex & Justic. in Judicium viventis Dei propter Injuriam . Rex autem habet Superiorem Deum scilicet , item legem , per quam factus est rex . Item Curiam suam , viz. Comites , Barones , quia Comites dicuntur quasi socii Regis . Wherein if the word Superiorem should relate or be intended by Bracton to the Law and the Kings Court of Parliament , It would be as a little Grammer as good Latin Law , or Right Reason , and the Authors meaning who lived in the Time of the Imprisonment of King Henry the 3d. by Simon de Montfort and other his Rebellious Earls and Barons , and by some Citations in his book may be believed to have then or after Written it , his aforesaid book cannot be rationally thought by the Intire and whole Context thereof to have any design to incourage so Wicked and long continued a Rebellion or intend to render the King Inferior to the Law , in Contradiction unto his own assertions , that Rex parem non habet & Rex facit Legem , and make his Curia Court or Parliament whom he can call , Continue , Prorogue , Dissolve , wherein he hath a negative voice , and as Sr Edward Coke saith , is Principum , Caput & finis , and as it were the Anima , or Soul thereof , And to suppose him to be Inferiour to a Court of his own Calling or disposing kept in his own house or Palace , and composed of many of his especiall domestiques , is and would be beyond the fancies of little Children , or the reach of the silliest sort of Imagination . And need not be afraid of their Earls and Barons supposed bridling of them in Parliament , when the Barons may be Called or Summoned as our Kings pleased , and the Earls and Greater Nobility also before the Reign of King Richard the 2. And our Kings have both before , & since , always had as much liberty to Summon the Lords Spirituall , and Temporall , as they had before that Time 〈◊〉 , not to Summon the Praelates , or as they had before or since the Reign of King Richard the 2. to dispence both with the not Coming of the Spirituall and Temporall Lords , by an allowance of their Proxies given to Members of their own house . Et qui habet socium , habet magistrum , & ideo si rex fuerit sine fraeno , id est , fine lege debent ei fraenum ponere nisi ipsimet fuerint cum Rege sine fraeno . Et tunc clamabant subditi , & dicent Domine Jesu Christi . &c. It shall be rightly considered that however the word Magistrum and the word Socii by some inadvertency of the Author may , unto those who would be willing to have it to seem to give a power to the Comites & Barones , which the later never either in their use or institution claimed or practised ; It may recieve a more genuine or proper interpretation to be no more then an Advisor or Instructor and more agreeable to the mind of the Author . For the Comites were in the Roman Empire very antiently stiled Consules & Comites , and after in that and the Eastern Empire , and all its limbs and branches rent and divided from it , and in this Nation enjoyed the name or title of Consul a Consulendo , and Comes only a Comitando or being in Comitatu Principis , & Comitatum ipsam Aulam & familiam Principis , which in Tacitus's time was called a Cohors Cortis , or Curtis , or Court , and not Seldom by our old Historians , as Odericus Vitalis , Hoveden &c. Ealdermen in the Saxon times and sometimes Comes , which saith our Learned Selden were but at the first officiary dignities both here and in the Empire , and Governed as Praefecti Comitatus & Provinciarum , and the Counties were in Edward the Confessors Laws called Consulatus , some Vestigia or intimations whereof may be perceived in the grant or confirmation of the Earldom of Oxford to Alberick de Vere by the tertium denarium Comitatus , the 3d penny of the fines and amerciaments of that County . And were neither in England or the Western or Eastern Empire , or any of their Historians , or by any of our or their Antiquaries or Enquirers into the Secrets or Cabinets of time , and its forsaken memorialls ever accompted to be either as Socii or Magistri , or so recorded in any of their or our Records , Annals , or Histories . And therefore we may without calling up the Ghost of our old Henry de Bracton ( who had in the Reign of King Henry the Third made his enquiries into all the ancient Laws , and Customs of England , and searched the vetera judicia , ( mentioned divers cases and precedents formerly adjudged , ) in the perusall of his Learned Works , meet with his own expositions of what he there Wrote or could be thought to have been any of his Intentions . For he in the words immediately proceeding not only saith that de Chartis vero Regis & factis Regum non debent nec possunt Justiciarii nec privata persona disputare , nec etiam si in illo dubitatio oriatur possunt enim interpretari & in dubiis & obscuris vel si aliqua dictio duos contineat intellectus , Domini Regis erit expectanda voluntas & interpretatio , cum ejus sit interpretari cujus est concedere , & etiam si omnino sit falsa propter rasuram , vel quia forte signum appositum est adulterinum , melius & tutius est quod coram ipso Rege procedatur ad judicium . But in several other places of those his learned labours plainly declareth that leges Anglicanae & consuetudines were made and confirmed Regum Authoritate , ipse autem Rex non debet esse sub homine , sed sub Deo , & sub lege , quia lex facit Regem . Attribuat igitur Rex legi quod lex attribuit ei , viz. dominationem & potestatem , non est enim Rex ubi dominatur voluntas & non lex : Et quod sub lege esse debeat cum sit Dei Vicarius . Omnis quidem sub eo , & ipse sub nullo nisi tantum sub Deo , Parem autem non habet in regno suo quia sic amitteret praeceptum , cum Par in Parem non habet imperium . Item nec multo fortius superiorem nec potentiorem habere debet , quia fic esset inferior sibi Subjectis , & inferiores pares esse non possunt potentioribus . Et Sciendum est quod ipse Dominus Rex qui ordinariam habet Jurisdictionem , & dignitatem , & potestatem super omnes qui in regno suo sunt , habet omnia jura in manu sua quae ad Coronam & Laicalem pertinent potestatem , & materialem gladium qui pertinet ad Regni gubernaculum , habet etiam Justitiam & Judicium quae sunt Jurisdictiones ut ex Jurisdictione sua sicut Dei Minister & Vicarius . Habet etiam quae sunt pacis ut populus sibi traditus in pace sileat , & quiescat , habet etiam coertionem ut delinquentes puniat & coerceat . Si ab eo breve petatur , cum breve non Currat contra ipsum , locus erit Supplicatione quod factum suum Corrigat & emendet quod quidem si non fecerit satis sufficit ei ad poenam quod Dominum expectet ultorem nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire . And Stamford a Judge speaking of the opinion of Wilby delivered in Mich. 14. E. 3. that in King Henry the 3ds Reign he had seen a Writ which was Precipe Henrico Regi , and it was said in Hilary Term 22. E. 3. that in the time of King H. 3. the King might be impleaded as any other Common Person , but King E. 1. his Son ordained such as were grieved , or to sue to the King by Petition , howbeit saving the authority or reformation of those books , he thought that the Law was never that a man should have any such Action against the King , & saith that Bracton in his 3d Book under the Title of contra quem competit Assisa concludes as to the King in the negative ; And so saith Stamford , no Action lyeth against the King , but the party damnified is to sue unto him by Petition . And in one place Bracton discoursing where the King doth a wrong , he saith , nec poterit ei aliquis necessitatem imponere quod illam corrigat vel amendet ( speaking doubtfully not positively with a nisi sit ) qui dicat quod universitas Regni & Baronagium suum hoc facere debeat & possit in Curia ipsius Regis . But he doth more clearly express himself afterwards , when he saith , Rex enim decipi potest cum sit homo , Deus autem nunquam cum sit Deus , and where any thing should be said to be injuria Domini Regis , saith again , that Superiorem non habeat nisi Deum , & satis erit illi pro paena quod Deum expectet ultorem , & quicquid dicitur de facto Regis eo quod est Rex & proinde factum judicium disputari non debet , nec factum a quoquam judicare nec revocari poterit , cum sit justum , si autem factum injustum fuerit , perinde non est factum Regis , & cum non sit factum Regis , quia injustum , inde disputari poterit & factum Judicari , sed idem emendari non poterit nec revocari sine eo . So as to rescue the words of that Learned Author from those wicked and absurd interpretations , which the late Parliament-Rebells and Monarchy-Underminers would have put upon them , It must either be thought that that worthy book of his , hath in that particular Place and words so catcht at , fallen under the fate of many Eminent Books or Manuscripts even amongst those of the venerable Fathers of the Church , who have not in a long race or course of Time and contingences been able to escape the hands of Corruptors , as the Books or works of the Excellent Origen did by the over-busy designs and rashness of Russinus , the many Spurious Manuscripts of the Vatican Library , and of other Popish Authors so acknowledged to be by Baronius , and some other of their own Writers . Or rather that the good man intended no more by the word Magister then an instructor or an Assistant , as the Jews called their Doctors Rabbies ; or as Origen was called , by way of Eminency , the Master of the Eastern Churches , and St. Cyprian called Tertullian so who was never his Master ; and our Famons Lawyer , Littleton , gave no less a name to Judge Newton his Predecessor . And that he used the word Socii , but as Aeneas is sayd to have done to his afflicted Trojans in their wandrings to seek new habitations , when in his Oration to comfort them , he saith , O Socii neque enim ignari , sumus ante malorum ; or as Julius Caesar did when he encouraged his Soldiers with the acceptable title of Commilitones . Or as our laws and reasonable Customs have done in the titles and use of the Masters of Chancery , Subordinate to the Lord Chancellors or Keepers of the great Seal of England , who sit and say nothing ; or as in the acts of our Courts of Justice are done , where they are recorded and said to have been done by the Chief-Justice & Socios Suos ; or as in the case of an associate unto a Chief Justice , or any of the Kings Justices Sitting by and under the Kings Commissions of Oyer & Terminer , where an equality , co-ordination , or Superiority so contra-distinct and opposite each unto other can never be Claimed or allowed . And the Framers and Fancyers of that kind of Argument will gain little by it , when the word Magister properly and truly signifies no more then a Doctor or Instructor ( not a Superior ) as Sr Henry Spellman hath given us the definition , received meaning , and acceptation of it , when he saith , in Jure Canonico vel Civili Magistri dicuntur in Theologia vel Artibus videtur tempore Clementis . 5. & Concilii viennensi Magistri & Doctoris vocabula confundere aevo scilicet Edwardi 1. Usitatiorem tunc fuisse apud nostrates Magistri titulum , reverendum & hoc vocabulum semper de peritia venit & in nomine cognoscitur quod sit moribus aestimandum . And therefore those many Testimonies before-recited of Bractons contrary meaning , if he may be , as certainly he ought to be , allowed to be his own Expositor may free and vindicate him from being either a Presbyterian or a Conventicler or Republican , and make him to be the better believed , for that he wrote that book after the 20th , Year of King Henry the 3d. as will appear by his citations therein flagranti Seditione , when the times were full of danger and Suspicion , there were great thoughts of heart , and commotions of mind , and the Regall Authority was endeavoured to be depressed . Lived after the 21st Year of the Reign of that King , when the jealousies of that part of his Nobility which shortly after took Arms , & entred into an open War & Rebellion , against him , had made him walk in that dreadfull Procession with burning Torches through Westminster-Hall to the Abbey Church or Cathedrall , cursing the infringers of Magna Charta , and Charta de Forestis , and being a Judge Itinerant in the 51d , Year of that Kings Reign , was believed to have written that Book in the beginning of the Reign of King Edward the First , could not be ignorant of what had been done , and Transacted in the 42d Year of the Reign of King Henry the 3. in the aforesaid Provisions at a Parliament ( so called ) holden at Oxford , and in the 49th , Year of the Reign of King Henry the 3d , during his Imprisonment by an unruly part of the Nobility . But if the Earls could have been said to have been tanquam Socii & fraena in Power and Authority with the King , which they never were , that could not Entitle the Barons who in the language of our Laws , Records , and Histories , forreign , or domestique , were never called Comites , or Socii of their Sovereigns . But as Earls had surely something else to do , and were not ( as Fraenas use to be Superior to Horses whose much greater strength could not otherwise be subdued by mankind ) to govern and rule their Sovereign as the greatly abused words of Bracton would have it , when their ordinaria potestas in King Aelfreds and those elder times now very near 800. Years agoe , was in Comitiis Comitativis praesidere in bellis sui Comitatus militibus imperandi , in Curiasine Comitar● Regis conciliis publicis suorumque negotiis attendendi , & mandata Regia subditis suis Communicandi Rex enim ipsi Comiti in Curia sua plerunque residenti , mandata detulit ille Vicecomiti , his Centurionibus , Centuriones decurionibus , maxima cum expeditione pertulerunt . And neither the Earls or Barons were or claimed to be Consortes Imperii , or like the Spartan Ephori . Or if the Title of Comites did or could give such a Right or Privilege unto them , which may with great Evidence be utterly denied , and the contrary as easily Justified , the Commons or universality of the People , will , untill they can be so mad as to think themselves to be Earls , Socii or Comites of their Kings and Princes or Barons , be little the better for that mischievously overscrewed Text or words of Bracton . Or The Earls or Barons being not likely in their honourable Assembly of Peers to claim , or have more then a deliberative and consultive Power in matters only concerning the King and his Monarchicall Government , but where it was inter Pares or amongst themselves , or by his speciall licence , when at the first Coronation of King Richard the 1st , the Comites & Barones serviebant in Domo Regis prout dignitates eorum exigebant , & Die Coronationis suae Johannes Rex accinxit Willielmum Marescallum gladio Comitatus de Striguil & Gaufridum filium Petri gladio Comitatus de Essex qui licet antea vocati essent Comites & administrationem suorum Comitatuum habebant , tamen non accincti erant gladio Comitatus & ipsi illo die servierunt ad mensum Regis accincti gladiis . And therein Mr Selden that Monarch of learning and Dictator of Reason is to be so interpreted as it may consist with Reason and Truth , when he declared that the Lords in their deliberative or judiciall Power in the Court or House of Peers in Parliament , had a Power to give or pass judgement for or against their Sovereign ; for that in the precedent cited by him of King Edward thr Confessors appeal or accusation of Earl Godwin in the great Councell or Parliament of that King for the death of his Brother Alfred , to whom he as well as the King had appealed for Justice , as the words of the judgment thereupon given against Earl Godwin and the opinion of the Lords not contradicted there mentioned as Malmesbury , Hoveden , Huntington , Brompton and Florentius do testify was that Comes nec Baro , nec aliquis Regi subditus bellum , battail , or single combat ( saith the margin ; a kind of tryall then much in use amongst contending private Persons , where other Evidence failed ) contra Regem in appellatione sua de lege potest vadiare sed in toto ponere in misericordia sua & emendas offerre competentes ; whereupon it was advised that ipsimet & filius suus & duodecim Comites & amici & consanguinei sui essent coram Rege humiliter procederent onerati cum tantum auri & argenti quantum inter brachia quilibet poterit bajulare illud sibi pro suo transgresso offerendo deprecando ut ipse male volentiam suam , rancorem & iram Comiti condonet & accepto homagio suo & fidelitate terras suas sibi integre restituat & retradat illi autem omnes sub ista forma thesauro se onerantes & ad Regem accedentes seriem & modum considerantes locum eorum sibi demonstrabant Quorum considerationi Rex contradicere nolens quicquam judicaverant ratificavit wherein the utmost use that can be made of that Action and precedent to confine the Kings judicative Power in Parliament to that of the Peers and Lords Spirituall and Temporall is that the King upon Earl Godwins answer to the Kings accusing him for the Death of Alfrred his Brother , and the Earls eaecusing himself with a Domine mi Rex salva reverentia & gratia vestra pace & dominatione fratrem vestrum nunquam prodidi nec occidi unde super hoc pono me in consideratione Curiae vestrae was not willing to be a Judge or giue Sentence in an appeal of his own and such a Concernment as the Death of his Brother for which one of the Peers was to be Arraigned and fitter to be tryed as the L●w required by his Peers which by the Ancient Custom like Trialls might be done without any derogation from the Kings higher and supreme Authority , and therefore gave a leave or licence to them in that single particular or extraordidinary case to do it . And our Kings and Princes to avoid the imputation of Tyranny Oppression or Partiality , may be the more willing to indulge the like in all cases and matters of Attainders and forfeitures of lands and Estates where our Laws do give unto them the benefit accrewing . And the honourable Peers and Judges in that Court subordinate unto the King may as to matters therein determinable be the better content therewith for that not being Sworn nor punishable , as Judges in other Courts are , and in what they do advise therein , they neither are or can be punishable in a judicio colloquiale , wherein as Paulus Screrbic hath said in his Statua Poloniae , Judex in colloquiis aut Regis praesentia judicans argui de male judicato non potest . And the word KUPIA as Sir Henry Spelman saith , with the Greeks and Romans signifying potestas & dominium , and the Lord or owner of it , qui potestate fretus est judiciumque exercet , and the place habitaculum , domini , the residence or Court of the Lord or Superior , ubi sana rei narratio placitum forenses vocant , dicebatur autem Curia primo de Regia , palatio principis , inde de familia & judiciis in ea habitis ritu veterrimo , or the place where Kings did administer Justice , surely Kings were not therein to be co-ordinate , or any less then Superior . And the very Learned Sir John Spelman the Son of that Excellent Learned Father writing the Life of King Alured or Alfred , hath together with the unquestionable historical part and truth of the relation given us the observation that Et Comitum potestatem ad huc minuebat nam neque iis integra restabat negotiorum bellicorum tractatio . Horum enim magna pars Heretochiis , sive Ducibus inferioribus a plebe in Comitiis suis Electis Committebatur . Hi enim recensionibus , meditationibis , armorumque lustrationibus praefuerunt ; milites in Centuriis suis coeuntes , ad locum toti exercitui destinatum deducebant ; in bellis demum Ducum inferiorum officiis fungebantur ▪ Prout e legibus boni Edwardi aliisque locis facile colligitur . Haec institutio ( cum a populo , non Comitibus Ductores hi eligebantur ) non parum e Comitum potentia abstulit . Comitibus ergo , quorum potentia Regibus semper maxime formidabilis , relinquebatur ordinaria potestas in Comitiis Comitativis praefidendi ; in bellis sui Comitatus militibus imperandi , in Curia sive Comitatu Regis conciliis publicis , suo rumque negotiis attendendi ; & mandata Regia subditis suis communicandi quod mira celcritate post novam hanc imperii institutionem factum est . Et quidem si Aelfredi nostri vestigiis posteriores Regis institissent , neque tot Seditiones ortae , neque tantum Sanguinis in bellis Civilibus exhaustum , neque Regis ipsi toties temporibus subsequentibus periclitati fuissent . Sed tam bene constituta partim bella Civilia ( quae statim post ejus obitum recrudescentia pene omnibus legibus executionem impediebant , videantur Edvardi senioris querelae , lege quarta ) Danique post renovatas invasiones sub canuto victores , maxime vero Normanni , labefactarunt . Gulielmus enim , sive ut Magnates , in invasione regni hujus maxima momenta , pro meritis , & pactis etiam , remuneraret ; sive ut Anglos dominio suo efficacius subderet , nobilibus suis Normannis maximam potentiam ( que postea tot malorum origo ) indulsit . Henricus vero primus , quantum potuit , leges Aelfredi nostri & instituta revocavit ; sed tempora consuetudinesque perversae omnia , quae expedire poterant , inferri non patiebantur . And the authority of our Kings in Parliament were not only in the Ages before but in King Alfreds or Alureds time , Superior and Super-eminent in his great Councells over his Subjects , as Asser Menevensis living in his Court and Writing his Life after his Death saith , that Saepissimo in concionibus Comitum & praepositorum ubi pertinacissime inter se dissentiebant ( ita ut pene nullus eorum quicquid a Comitibus & praepositis judicatum fuisset verum esse concederet ) qui pertinaci dissensione obstinatissimo compulsi Regis subire judicium singuli subarrabant , and when Appeals and Writs of Error came before him from his Earls or Ealdermen saith Mr. Selden out of Asser Menevensis , when he found Error and Injustice committed by them would Sharply reprove them . For in our Monarchicall Government with the ancient long continued and well-experimented existence and constitution of the House of Peers and Peerage in the Kingdom of England , the Common People were so subordinate to the Baronage and Peers as the Commons were allways understood by our Kings and our Laws and the Lords Spirituall and Temporall , and by the Common People themselves , to be comprehended in and under the Baronage , who did for them and as they were included in them very often in our great Councells and Parliaments , grant or deny aids or Subsidies , and in their behalf without the Commons themselves speaking or advising , alledge their poverty and disability , and the Popes and Forreign Neighbour Princes in their letters and rescripts understanding it no otherwise , of which Mathew Paris , and Thomas of Walsingham authors of great credit living in the Reign of King Henry the 3d. and King Edward the 1st . his Son , have afforded us plentiful instances . And all things rightly observed or Considered , could not give any one the least of reason or colour of it , for if our Comites & Burones ( Bracton not mentioning the Bishops , ) who then had great power if not too much over our Kings and Princes , there then being no Dukes , Marquisses , and Viscounts whom our Kings then used not to create , though there were many Dukes , or said to be , in the time of the Saxons before the Norman Conquest , who by our fundamentall Laws enjoyed all their authority Subordinate unto their Parliaments and Great Councells , might forfeit their Lives , Estates , and Lands , holden of them in Capite , which was the only Measure of punishment in England before the Act of Parliament in the 25th Year of the Reign of King Edward the 3d. was made , which did at the request of the Lords and Commons ( the Bishops not mentioned ) declare what should afterwards be attempted and punished as High Treason , against him and his Heirs , or for Counterfeiting his Great Seal , which did or should bear record of the Laws and Actions and Kingly Government of our Kings & Princes , there having not been in that Act of Parliament or any Act of Parliament ; or Laws of our Brittish , Saxon , Danish , or Norman , before or since , tacitly or expressly , for the abolishing or taking away our Feudall Laws and Customs or that ever to be wailed unhappy Act of Parliament made by his now Majesty , King Charles the 2. for the taking away of the Court of Wards and Liveries by reason of his tenures in Capite and of all homage and fealty , drawn and prepared by a Learned Lawyer , and a Member of that House of Commons in Parliament , Dreaming of a Common-Wealth , untill their man of Sin Oliver Cromwell was pleased to awake them , who was in his profession well known to have been eminently skilled in the Common Laws of England , some part of the Civil and Canon Laws , and a great part of the Records of the Kingdom , and much honoured for his love and care of Justice , But being a Judge in those Times , and seduced by another of that Rank , to take such a place upon him , upon the pretence of keeping up and supporting the Law , and was upon his Majesties Restauration advanced into an higher degree , seemed notwithstanding not to have been so much or so well read as he might have been in the Feudall Laws excellent constitution and frame of the Monarchick Government of this Realm , when in that House of Commons either in a cool neutrality , or over perswaded by by his fears of or desire of living in safety or to preserve the Common Law , when against his will and well known Integrity , he was in that house of Commons in Parliament heard by another Member , that Sat next unto him , to say or declare his opinion that the King was trusted by the People , wherein he might have better considered that two parts of our Laws , most precious and necessary both to and for the King and his People , which were the Summoning and calling of Parliaments or Great Councells , and the Tryals of his Subjects Guilts or Innocencies , per Pares , with Reliefs & Herriots due to our Kings and Princes , and unto Ten thousand Lords of Manors or thereabouts Subordinate unto their Kings in England , and Wales , with Fines and Amercements , Felons and Out-Laws Goods , Annum diem & vastum cum multis aliis , &c. were solely and principally derived from the Feudall Laws . Which with some of the Usages and Customs of the Nation , and our Statutes and Acts of Parliament , from Time to Time after made and added thereunto , were the Laws which many of our Kings and Princes took an Oath at their Coronations to Protect and Defend , as also the leges & Consuetudines quas vulgus elegerit , who , if our Feudal Laws had not been so very ancient as they have been , would not want such as would heartily desire and make choice of them to have Lands given to hold of their King in Capite , and enjoy to them and their Heirs under his more especiall protection , and was in the Reign of our famous Arthur , King of Brittain , esteemed so great an happiness , as Consensu Historicorum eruditorum of that Age and Time , Leland hath informed us , Utherus Pendraco fuit pater Arthuri cujus & Gorlas Corinnae regulus beneficiarius erat a Notion or Title anciently used of such as held their lands in Capite or by Knight Service . And therefore howsoever the learned Bracton's Pen might seem to have erred in his expression or words of Fraenare Regis , it might as it ought consonantly to the Proper and Genuine Sense , Intention and Meaning of all his Arguments , through the Context and Tenor of his whole Books , being no little one , be accepted and taken to be no otherwise then a restraining him , as Kings and great and good men have usually been , by good advice and Councell of friends or Servants , as Naaman the Syrian's Servants did in their Lords returning back in an anger from the Prophet Elisha , who came near unto him and perswaded him to wash in Jordan in order to his recovery from his Leprosy , when otherwise that harsh word or phrase of fraenare Reges could not without great danger , damage or forfeiture , be used , or any forcible perswasion put upon a free Prince , by Authorities coutrary to their Oaths of Allegeance and Supremacy , Justly and Truly descending from the Feudall Laws which commandeth all men holding of them in Capite to do otherwise . And although some of our Ancient Historians have informed us , that in a Parliament holden at Merton in the 20th , Year of the Reign of King Henry the 〈◊〉 . upon the Bishops endeavouring to have a Law made , that according to the Canon Law the Children born before Marriage illicitis amplexibus , should by a subsequent Marriage of the Parents be esteemed legitimate , the Temporall Lords restiterunt , and laying their hands upon their Swords Jurarunt quod noluerunt leges Angliae mitare , it was not any plain absolute deniall of the Kings Decisive and Legislative Power , but only an Altercation , Debate , or Dispute betwixt the Spirituall and Temporall Lords in Parliament concerning that matter . And neither the Bishops , or the house of Commons , or any of the Commons represented , or not , could not so much as attempt to force or bridle their King by Commotions or force of Arms , which by the Feudall Laws and the most of our Laws and Customs derived from thence would have been legally adjudged a Rebellion , and Fraenare Regis in that undecent expression , si quod rei fecerit aut neglexerit , quod Dominum contempsisse dicitur , aut si Dominus per consequentiam laedatur persona cujus existimationem sartam tectam manere Domini interest , for Concilio & auxilio Domino adesse debet , which was the Cause and ground of right Reason , that in the Reign of our King Edward the 2. the Lord Beaumont or de Bello monte was in Parliament Fined for refusing to come to Parliament and give the King his advice or Councell : And it is not many Years since that the Emperor of Germany Seised and Imprisoned Prince William of Furstenburgh , a feudatory for appearing in Person at a Treaty betwixt the Emperor , and the King of France , against his Lord the Emperor ; And our Mesne Lords holding their Lands , Jurisdictions ; Courts Baron and Courts Leet , notwithstanding that Act of Parliament for dissolving the Court of Wards and Liveries , and the tenures in Capite supporting it , did from the 24th , Day of February in the Year of our Lord 1645 , when in the height of their Wars against their Sovereign they had but Voted the Dissolution of thrt Court and the Tenures in Capite , for at that Time there appeared not to have been any Act of Parliament , although an Act made in the Time of Oliver Cromwell might be an usher , or used as a pattern in the drawing of that ( by a learned Judge of those Rebellions Times ) wherein the Reliefs & Herriots were found necessary to be reserved unto his now Majesty his Heirs and Sucessors . Which may sadly be believed to have been a Decapitation or cutting off the head of the Body-Politick or Government as a Prologue to the Tragicall and Direfull Murder in the cutting off the Head of their most Pious better Deserving King ; No King or Prince in the World , Christian or Heathen , black or white , that had all their Subjects except their Nobility and the Bishops , and such as hold their Lands by the Honorary Services , of grand Serjeanty , or by the tenures of Copyhold or by Copy of Court-Roll unto which our Littleton giveth no better a name or Title then tenure in Villainage , or any service incident thereunto , which being originally derived from the tenures in Capite , were , not many Years ago , very nigh a fourth Part of the Kingdom , that had so small a reall dependance upon them , or so great a part of their Kingdoms of England , and Ireland converted into free and Common Soccage , the tenures in Capite in Ireland being about that Time with the like exceptions converted into free and common Soccage , as England disastrously also was , the Isles of Man , Wight , Garnsey and Jarsey ; the two latter being parts of Normandy , together with the American Plantations , as Virginia , Bermudas , Barbados , Jamaica and New England and many other our West Indian Plantations escaping that part of the greatest wound that could be given to our Ancient Monarchy . And how dangerous and prejudicial a misconstruction of the Statutes de Usilus in possessionem transferendis might be both unto the King and his Subjects , if he should be accompted to have been a trustee for the his people , and it was a wonder that the late Lord Chief Justice Hale should in that Act turning all into Free and Common Soccage , not take a Care to abolish the Releifs , being a Duty long before the Conquest payable to his Majesties Royal Progenitors , but leave them with an Exception of all Releifs and Herriots , Fees , Rents , Escheats , Dower of the 3d part , Fines , Forfeitures , and such as are and have been usually paid in free and Common Soccage . Maymed and mangled the Monarchy and Government , as much , if not more , then Adonibezeg a King of Canaan did the Seventy Kings , whom he had taken Prisoners , and cut off their great Toes and Thumbs , for no other advantage then to undermine the beautifull and goodly Structure of our Government , built and supported by and upon these great Pillars and excellent fundamentalls , which , like an House built upon a Rock , was able to resist any the winds and Storms , for many Ages past leave us as a house built upon the Sands , ready to drop into it's own Infallible ruines , which could not be so Rebuilt or Reduced to it's former Strong and Goodly Structure , by reserving to the King and his Successors the Reliefs and Herriots , nor will arise to any recompence , although it might be a great value , together with the Excise of Ale , Beer and Sider , added thereunto , which hath helpt to bring in or increase , as the opinion of the Doctors of Physick have informed us , that Epidemick now more then ever Praedominant Scorbutique Disease , making rich the only false-dealing Brewers & Alehouse-keepers , and Impoverishing the Common People , & Consideratis Considerandis , in his Majesties necessary and inevitable Expences more then ever was or can be easily or before-hand calculated . And it may be hoped that it was neither intended by that no Phanatique preparer or framer of that undermining Act of our Monarchick Government , or any Assenters or Advisers of it , or his Majesty , that gave the breath of life unto it , and was as the Anima , or Soul otherwise animating a liveless body , did ever intend to abridge or deny himself the Sovereignty of our Brittish Seas , or their tenures in Capite holden of none but himself and God , the Antemurale or Walls thereof , and with our Ships travelling in or out upon them , as the Safety , Strength , Power , Riches , and Honour of the Nation , or to be ranked or accompted as a tenure in Common Soccage , free ab omnibus servitiis , when it was never accompted to be any part , or within the verge of the Court of Wards and Liveries . The Seas belonging to our King of England's Sovereignty having been never under the Courts of Wards and Liveries , or any of its Incidents , or appurtenances , or within its cognisance , and this newly found out device or extraordinary way of Soccage or tenure by the Plow , free ab omnibus servitiis , was never nor can be fit for the Seas , unless they , that cunningly have been so fond of it , can make it to be fit or proper or to any purpose or profit to adventure to Plow up the Seas , with Plows drawn by Horses or Oxen , and by that means of Plowing up the Seas , make the Seas to yeild and deliver up all their Riches , Plate , Gold , Silver , and Jewells , which misfortunes of Shipwrack have before 2000 Years if not more in the Epoche or age of our long continued Monarchy far exceeding the Gold of Ophir , and the value of all the Lands of England if they were now to be sold , the former admitting a greater Decay then the Latter , Our Brittish Seas having always been in subordination to our Kings and Princes under the Separate Government of the Lord Admiralls , Court of Admiralty , Vice and Rere Admiralls , Deptford-House , and the Cares of the Cinque-Ports , many other Sea-Ports , Light-Houses and Maritime Laws , &c. Whereby our Kingdom hath been greatly enriched by its Trade and Marchandise carried further then the Roman Eagles ever Flew , and as far as the four great quarters or parts of the Habitable World do extend or stretch themselves unto , and the Sun ever shined upon . And if it had not been upon the Design of blowing up or Disarming our Monarchy together with as much as they could of the Kings Regall Rights for the Defence of Himself , they would not have attacqued the Militia , or laboured to Destroy it , when Glin Serjeant at Law , a busy Enemy of our Monarchy , and another Serjeant at Law whose name for his great parts and abilities I silence , heartily wishing that he would before he Dye add repentance to his treasury and great stock of Learning in the employing of it Otherwise then it should have been in that so called long and Hypocriticall Wars , Rebellions , False Doctrines , together with his Misdoings , in the drawing , and forming the Act of Oblivion and Generall Pardon , the greatest and largest in extent and gift that ever any of our Kings and Princes gave unto the greatest and most in number of their Subjects , wherein he acquitted these numberless Offenders , that never pardoned any of his or his Blessed Fathers Loyal Party any or but small things , but retained every thing which they had taken from them by Plundering , Taxes , Sequestrations , Decimations , and spoil of Woods and Timber , which should have been an assistance to the building of their burnt or demolished Houses or Castles , and the building of Ships the wooden walls of our Seas , and the Carriers out and the bringing home of our Merchandise . In the Preamble whereof It was declared , that whereas severall Treasons , Murders , and Crimes had been committed and done by Colour of Commissions , or Power granted unto them by his Majestie or his two Houses of Parliament , as if any Treason could in Law be committed by any Commission or Order of the King or his Royall Father , the Blessed Martyr , and the Framers of that Act of generall Pardon , could not but remember , that many that Assisted his Late Majesty came upon his Proclamation and setting up his Standard at Nottingham Castle under the obligation of their Tenures in Capite , and the Duty of their Oaths of Allegeance and Supremacy , and others for hire by great Sums of Money , lent him by that Loyall and Prudent old Earl of Worcester , Grandfather unto the now Duke of Beaufort , and by men leavyed and sent unto him from Wales in his Majesties March as far as Shrowsbury towards him , the better to enjoy , and be near the great assistance which he promised and performed , without which , and the Ancient and Legall aid and help of his tenures in Capite and by Knight-service , he could not have made any defence for Himself or his Loyal Subjects , but might have been taken and Imprisoned by the Sheriffes of every shire or County , thorough which he was to pass in his Journey to York , with his eldest Son the Prince , whom they would likewise have seised upon , when he was by the Faction and their Hunters , driven and pursued as it were thither for Refuge , as a Partridge hunted upon the Mountains , from his Parliament ; when he had no Provision of Arms , Men , or Money : And the Rebell-Party of that Parliament had formed and beforehand made ready a great and powerfull Army without any manner of want of Money and a seduced party of his People to march against him . And our Feudall Laws were so little despised , unknown or unusuall in this Kingdom , as our Magna-Charta and Charta de Foresta , more then 30 times confirmed by Acts of Parliament , and the Petition so called , of Right , will appear to have no other source or Fountain as to the most of the many parts thereof then the Feudall Laws . And they must be little Conversant in the reading , practice and usage thereof , demonstrable in and through our Records and Authentique Annalls and Historians that will not confess and believe it , when they shall so manifestly almost every where see the vestigia and tracks thereof and our Saxon Laws faithfully translated and rendred unto us by the labours and industry of our learned Lambard and Abraham Whelock Arabick professor in the University of Cambridge and the glossary of our Learned Sr Henry Spelman , may aboundantly be found to declare that they had for the most part no other Progenitors . And could not be understood to amount unto no less then the greatest and strongest Fortifications that any Kingdom could have , though not so guarded by the Sea , as our Islands of Great Brittain are and have been , when Seventy Thousand Horsmen gravi Armatura or not meanly Armed should ( as the manner of those Times were ) without much disturbance to their other affairs be sodainly ready upon any Emergencies of Wars , Intestine or Forreign , without Pay or Wages , under the greatest obligations Divine and Humane , to defend their Kings themselves and their Estates , which in more valiant and plain dealing Times did in no longer part of time , commonly determine the fate or fortune of a Kingdom as to a great part of the Event or success of a War. And was so necessary to the Defence of the King and People , as our William the Conqueror , that did not bring but found the Feudall Laws here in England , may be thought to have been very willing to have strengthend his Conquests here , when he distributed amongst his great Officers in the Army & his Soldiers as much of his Conquered Lands , as Ordericus Vitalis hath related it , Seventy Thousand Knights Fees , who in regard of their service for the defence of the King , had a Privilege by the Kings Writ for them and their Tenants to be free ab omni Talagio from all Taxes , which priviledge or acquittal saith Sr Edward Coke discontinued . Of which our Feudall Laws the Brittains the more ancient Inhabitants of England as well as the Brittains in America in France , now known by the name of the Duchy of Brittain , cannot be believed to have been Ignorant , when the Father of our Victorious Arthur , King of Brittain , was a Beneficiarius , and held his Lands in Cornwall of the King in Capite , unto whose Kingdom were appendant the large Dominions of Norway , and the Islands ultra Scanriam , Islandiam , Ireland , Curland , Dacia , Semeland , Winland , Finland , Wareland , Currelam , Flanders , & omnes alias terras & Insulas Orientalis Oceani usque Russiam , Et iu Luppo etiam posuit orientalem metam Regni Brittania & multas alias Insulas usque Scotiam & usque in Septentrione quae sunt de appendicis Scaniae quae Noricena dicitur , and that Kingdom of Brittain had so large an Extent , and the King of Brittain such a directum Dominium therein , that upon an exact Search and inquiry into the Memorialls , Antiquities Annalls , and Historians thereof , it was evident that in the Times of Ely and Samuel , after the Siege and Destruction of Troy , Brute came into this Island , called it by his name , and divided his Kingdom to his 3 Sons , Loegria , now called England , to his Eldest , Albania , since called Scotland came to the 2 and Cambria or Wales unto his 3 Son Camber , after whom was Arthurus Rex Britonium famosissimus . Who subdued a great part of France , and those his Noble Acts were not unknown unto some of the Roman Poets and Historians , and the Laws used here in his Time , may with great reason be understood to have been the same which the English or Saxons our later Ancestors , Fletibus & Precibus , with supplications washed in Tears , obtained of the Norman Conqueror to be left unto them , as King Edward the Confessors Laws for his Justice and Holiness reputed to have been a Saint , and together with the Mercenlage or Laws made by Mercia a Queen of Mercia , or the Borders or Confines of Wales , ought to be esteemed the same aggregate Laws , which K. William the Conqueror of the Brittains , Saxons and Normans after they had began to Intermarrie , and were become , as it were , Populus unus & Gens una , were certified by the greatest , most universall and most Solemn Jury and verdict that ever was Impannelled or made use of in England , and under the strictest and severest Charge , not by Judges delegate but by the King himself , and a Conquering King that had omnia Jura et terras in manu sua , which he did Consilio Baronum suorum in Anno quarto Regni sui cause to be Summoned through all the Shires & Counties of England of & out of the Nobiles sapientes et in Lege cendites , ut eorum Leges , et Jura , et Consuetudines ab ipsis audiret , Whereupon in singulis totius patriae Comitatibus , a Jury of 12 men , qualified as aforesaid Jure Jurando , coram ipso Rege , before the King himself , no ordinary Judge but the Highest under God , quo ad possent recto tramite incidentes , neither turning on the Right hand nor the Left , legum suarum & Consuetudinum suarum patefacerent , neither omitting or adding any thing by fraud or praevarication , yet the King seeming better to approve of his Norway and Danish Laws , which in many things , affinitate Saxonum , seemed to be the same with the Norway Laws except in some small difference in the heightning of the Fines and Forfeitures , which when the King had heard read unto him maxime appreciutus est , & proecepit ut Obsequerentur per totum Regnum , for he said that his Ancestors & omnium Baronum fere Normannorum Antecesseres Norwigenses exticissent , Et quod de Norwicis olim venissent , Et hac Authoritate leges eorum cum profundioses & honestiores omnibus aliis essent prae caeteris Regni sui Legibus asserebat se debere sequi & observare ( and the Saxon Laws being in the Saxon language and he and his Normans for some Generations past alltogether speaking French written in another Idiome and manner could not be thought so soon well to understand ) Quippe cum aliaerum legibus Nationum Britonum , scilicet , Anglorum , Pictorum & Scotorum praeponderassent , as if he or his Normans having so lately Conquered the Kingdom of England , and he had after some time returned into Normandy , whether he had Carried some of the most Potent of the English Nobility as Pledges and Hostages . And after some tarrying there , and time expended in the setling of his Affairs , returned into England , where he found some Mutinies and Rebellions , might not , in a mind wholly imployed in the Study of War & Glory be allowed some parcell of Ignorance , or so much as to make him & his Norman Adventurers mistake & not understand that the Feudall Laws , and those of Norway were the same for the most part with the Laws of the Saxons or their Praedecessors , or their often invading and contending neighbors the Picts and Scots , or the Saxons so impoverished and affrighted , as not to be able to declare unto him that the Laws of St Edward the Confessor were the same which the Conquerers Compatriots the Norwigians were governed by , or might not , so well as they should , have understood their own Laws or the Feudal Laws , which their Northern or German Ancestors had so much affected to be ruled and governed by , more especially when those Laws so Sacred of St Edward the Confessor had by reason of some discords in England layne , as it were , hid and asleep , about Sixty Eight yeares from the Reign of King Edgar untill the Reign of King Edward the Confessor . Which the Conqueror himself had then only as the learned Sr Roger Twisden saith , ut melius unicuique administraret Anglicam locutiorem Sa●egit ediscere , Et in perceptione hujus durior aetas illum compescebat endeavoured to learn ; which Verdict or Carefull Enquiry , in the poor Conquered Englishman's greatest Concernments in this world , next unto their greatest in the next being presented to him , he Concilio habito precatu Baronum granted their Petition , Thomas Archbishop of Canterbury and Maurice Bishop ( of London ) Scripserunt propriis manibus omnia ista praedicta per praeceptum praedicti domini Regis Gulielmi , Et ex illo igitur die multa Authoritate veneratae , et per universum regnum Corroboratae , et Observatae sunt prae ceteris patriae legibus leges Edwardi Regis Sancti . Insomuch as King William the Conqueror , upon a better understanding that those Laws of St Edward were one and the same or very near of kindred unto the Norway or Danish Laws , had not only given and distributed amongst his great Officers and Soldiers Seventy Thousand Knights Fees , in lands of a great value to be holden of him his Heirs and Successors in Capite , but in his own Laws afterwards made other Feudall Laws as additions thereunto , as de Clientari seu Feudorum Jure & Ingenuorum Immunitate Ca. 55. de Clientum seu vassallorum praestationibus Ca. 58. nequis Dominio suo debitas suas praestationes substrahat Ca. 34. de foemina granida quae capitali supplicio damnatur Ca. 35. ( which was a Law either before or since brought hither by the Phenitians or Roman Colonies , de relevio eorum qui Clientes pendent , c. 40. And in the decretis made by him , it is mentioned , that cum principibus suis constituit post Conquisitionem Angliae ( not Constituerunt ) that next unto the Reverence of God and Faith in Christ , he would have inviolably observed and kept pacem & securitatem , Concordiam , Judicium & Justiciam inter Anglos & Normannos , similiter inter Francigenes & Britones Walliae & Cornubiae , & Pithos & Scotos Albaniae , Similiter Francas & Insulicolas omnium Insularum & provinciarum quae pertinent ad Coronam & dignitatem , & ad defensionem & observationem , & ad honorem Regis infra omnes sibi subjectos per universam Regni Britania firmiter & inviolabiliter , Statuimus etiam ut omnes liberi homines fide & Sacramento affirment quod intra & extra universum Regnum , quod olim vocabatur Regnum Britanniae , Willielmo Regi , Domino suo , fideles esse volunt , Terras et Honores suos omni sidelitate ubique servare cum eo & contra Inimicos & Alienigenas defendere volumus . Et hoc firmiter precipimus & Concedimus , ut omnes liberi homines totius Monarchiae Regni nostri praedicti habeant & teneant terras suas , & possessiones bene , & in pace , ab omni exactione injusta , & ab omni tallagio , Ita quod nihil ab eis exigatur vel capiatur , nisi servitium suum liberum , quod de Jure nobis facere debent & facere teneantur , & prout Statutum est eis , & illas a nobis datum & Concessum Jure Haereditario in perpetuum per Comune Concilium totius Regni nostri , Statuimus & firmiter praecipimus ut omnes Comites , Barones , & milites , & servientes , & universi liberi homines totius Regni nostri praedicti habeant & teneant se semper bene & in armis & equis , ut decet & oportet , & quod sint semper prompti & parati ad servitium suum integrum nobis explendum et peragendum cum semper opus abfuerit secundum quod nobis debent in feodis & tementis suis sicut illis statuimus per Commune Concilium Regni nostri praedicti , & illis dedimus & Concedimus in feudis Jure haereditario hoc praeceptum non sit violatum ullo modo super forisfacturam plenam , statuimus etiam & firmiter praecipimus ut omnes liberi homines totius Regni praedicti ( which could not be understood to have been any other then his Norman Commanders and Nobility for the most part if any English ) sint fratres conjurati ad Monarchiam nostram , & ad Regnum nostrum pro viribus suis & facult atibus contra omnes pro posse suo defendendum , & viribus servandum , & pacem & dignitatem nostram & Coronae nostrae integrum observandum , & ad Judicium rectum & Justitiam constanter modis omnibus pro posse suo sine dolo & sine dilatione faciendum . Which being made at London , was without any limitation or restraint as to the number of Days , wherein the Service was to be performed , or how long to be at their own Wages , or their Kings was not at all expressed in that Kings originall Grant , Law or Constitution , for although the Fortune or Fate of a War in those bold magnanimous and hardy Times , wherein they disdained to tarry for the effects of Stratagems , Bribery , and Treacheries then little or not at all , but now altogether or too much practised , but universally and absolutely it being as unsafe for a King as his People and Kingdome to undertake to foretell the period of an Intestine Rebellion , the power and malice of a Forreign Enemy or the sad and often Changes and events of War , and to leave a King without the Power of a King and aid of his Subjects , and be a King only for Forty Days , and upon every Occasion or mischance of War arising from Forreign Princes or his Subjects , either by Sea or Land , be no longer a King then for so short a Time as if the Subjects Loyalty were to be put under such a limitation , and if in that Time he cannot gain the Victory , must run into an hole and hide himself in an hourly expectation of Death , and a worse Destiny then that of the once mighty King Nebuchadonozers being changed into an Ox , and put to grass untill the King of Kings ( not his Subjects or People ) should be pleased to restore him to his former shape and dignity , which could never be understood to be the meaning of our William the Conqueror . And if praxis be , as it should be , de Jure Gentium accompted to have been optimus legum Interpres , our Tenures in Capite and by Knight service , however our very learned Littleton a Judge of the Court of Common Pleas , who is by Sr Edward Coke his Commentator believed to have written his book of Tenures in or about the 14th Year of King Edward the 4th . and Sr Edward Coke without giving us any Record , Authority or positive Law to warrant or build up their opinion for any such limitation , yet it doth not appear , but needeth some further Confirmation . For the learned Sr Robert Cottons Collection out of the book of Doomesday hath taught us , that Oxoniae Civitas tempore Regis Edwardi Confessoris geldebat , nisi quando Londonium & Eboracum & Wintonia geldebant , & hoc erat dimidia marci argenti ad opus mil quando expeditio ibat per terram aut per mare , serviebat haec Civitas quantum 5. hydae terrae , Barnestaple vero & Lydeford & Totendis serviebant quantum ipsa Civitas . Quando Rex ibat in expiditione Burgenses 20. ibant pro omnibus aliis , vel 20. libras dabant Regi ut omnes essent liberi . Omnes mansiones , quae vocantur murales , tempore Regis E. libera erant ab omni expeditione & muri reparatione , propterea vocantur murales & Mansiones quia si quis fuerit , & Rex praeceperit murum reficerit . Civitas Lodocestria tempore Regis Edwardi reddebat per Annum Regi 30. libras , ad numerum de 20. merae & 15. Sextarios mellis , quando Rex ibat in Exercitu per terram de ipso Burgo , 12. Burgenses ibant cum eo , Si vero per mare in hostem eat mittebant ei 4. equos de eodem Burgo usque Londouium ad comportanda Arma vel alia quae opus essent ; for that great Conqueror , as Sr Roger Twisden hath rightly and Judiciously observed , had 3 things after that his Conquest in his purpose , Cares and intention , 1. ut prospicetur Regno de necessariis ad bellum , 2. ut Satisfaceret Gallis periculorum suorum & laborum Sociis , Ita tamen ne Anglis ea occasione praeberetur Justa offensionis causa qua reddi possent ad insurrectionem , seu rebellionem paratiores , 3. ne Coloni utpote sine quibus Agricultura exerceri non poterit . William Rufus and King Henry the First his Sons kept and established the same without any lessening or alteration as to the Time or ways , King Stephen Henry the 2. and Richard the First did the like , and King Richard the 1. wanted not an aid and money for his redemption out of his Captivity , so did King John in his generall muster and array of all the Forces of England , sub poena Culvertagii , of Shame and Reproch like Deborahs Curse ye Meroz against the feared Invasion of the French King , neither was it altered by King He. the 3. who mandavit vice Comitibus Wiggon . Staff. Salox & Warr. quod venire fac . ad ipsum Regem in exercitu suo usque Bery in Wallia desingulis duabus Hydis Terrae Com. suorum unum Hominem cum una bona securi &c. habentem secum victualia pro ●s . Diebus , Edward the first did not understand himself to be manacled as unto Time and Wages , when he told Roger Bigod , Earl of Norfolk , Earl Marshall of England , refusing to go with him to War into Flanders , he should go or be hanged , and afterwards seised the great Estates of Bohun Earl of Hereford and Essex Constable of England , and Gilbert Earl of Gloucester and Hertford and made them glad to accept his Pardon , and in the 7th , Year of his Reign the Praelates , Earls , Barons and Commonalty of this Realm did in Parliament Declare that they are bound to aid their King at all Seasons ( no Time or Manner at all limited ) King Edward the 2. left it as he found it , and in hte 3. Year of the Reign of King Edward 3. it was in Parliament declared , that uone shall by any Writing bebe bound to come Armed to the King , for that every Subject is to be at his Commandment , that in his busy Reign of gathering Triumphant Lawrells , a Proclamation was made in singulis Com. Angliae quod omnes homines habentes literas Regis de pardon felon . &c. causa guerrae Scotiae ad Regem veniant ; and our Kings Richard the 2. Henry the 4th , 5th , and 6th , Edward the 4th , and Richard the 3. continued them nothing being ordered to enervate that Constitution or Law of William the Conqueror , it was by an Act of Parliament made in the 11th , Year of the Reign of King Henry the 7th , ordained that none that shall attend upon the King and do him true Service shall be attainted , or forfeit any thing by attending upon the King in his own Person , and to him true and faithfull Allegiance , or in any other place by his Commandment , within the Land or without shall do and Perform , And in the 19th , Year of the said Kings Reign , by an Act of Parliament it was ordained declared & enacted by the advice of the Lords Spirituall and Temporall in Parliament assembled , ( no Commons therein mentioned ) by Authority of the Same who shall forfeit that doth not attend the King , being in his own Person , in his Wars either within the Kingdom or without , or depa●t from his said Service without the Kings Licence in Writing , under his sign Manuall , or Signet or Great or Privy Seal or generall Proclamation , there having been no Repeal or limitation afterwards of that especiall Service either in the Reign of that King or of King Henry the 8th , Edward the 6th , Queen Mary , Queen Elizabeth , King James and King Charles the 1. And our Annalls , Historians and Records can appa●ently evidence that Queen Elizabeth , in the designed Invasion of England by the King of Spain with a formidable Navy and Army in the Year 1588. did not by any of her Councells , Judges , Delegates or Lawyers , great or small limit in the raising of Forces , either by Land or Sea , the Numbers , Time of Continuance or Wages , and it hath been a part of the Jus Gentium or Law of Nations not to contradict , but allow the Seizing of Ships of Merchants and Strangers in the Potts or Havens of a Prince , like to be Assailed and in Danger of War , when every man ought to fight tanquam pro Aris & Focis And that magnanimous , great and wise Princess could not without that Power inhaerent in her Monarchy have aided with Men and Arms , the great Henry King of France , and the distressed Belgick Provinces ; checked the Papall Powers and Plots , and Planted and Supported the Protestant Religion in most of the parts of Christendom , holding by a steddy hand the Ballance thereof , and so well understood her own Rights and the true methods of Government , as she blaming some of the House of Commons for flying from their Houses near the Sea Coasts , in the affright of the Spanish Invasion , did Swear by the Almighty God , that if she knew whom in particular , she would punish and make them Examples , of being the Deserters of their Prince and Countrey . King James asked no leave of his Subjects in Parliament to Raise and Send Men and Arms into the Palatinate , being his Son in Law 's Inheritance , for the Defence thereof under the Command of Sr Horatio Vere , and an Army for the same purpose also under the Command of Count Mansfelt a German Prince , King Charles that blessed Martyr by a Company of accursed Rebells furnished to Sea 3. severall Armies and Navies in aid of the distressed Protestants at Rochell in France , in whose Reign all the Judges of England subscribed to their Opinions , that the King was to prevent a danger impending upon the Commonwealth , might impose a Tax for the furnishing out of Ships , and was to be the sole Judge thereof , which had but a little before been inrolled in all the Courts of Justice in Westminster and in the Chancery as the opinion of all the Judges of England , under their hands , which in the leavying but of Ten Shillings being Cavilled at by Mr Hamden a man of 3 or 4000 l. per Annum one of the grand Sedition-Mongers , who as a Member of the House of Commons in Parliament had by an Execrable Rebellion almost Ruined & destroyed England , Scotland and Ireland , to pacify which that Pious Prince being willing to satisfie their scruples , as much as the Laws and Constitutions of the Kingdom as he hoped might Allow , and being a Principall part of the Monarchy , the Arcana's whereof Queen Elizabeth believed not fit to be sacr●ficed unto Vulgar and Publick disputes , and hammered upon the Anvills of Lawyers arguments , tending unto more what could , then should be sayd , and therefore did in some of her grants or rescripts insert the words as King James afterwards did , de quo disputari nolumus a maxima , which the great Henry the Fourth of France in his Government strictly observed , and which every Sea or Land Captain hath through many Ages and traverses of the world ever experimented to be necessary and usefull ; Insomuch as licence was given to frame a Case or question thereupon , that never was before done in England through all its Changes of our Monarchs , under the Brittish , Roman , Saxon , Danish , and Norman Races , or in all the Empires and Kingdoms of the habitable World , for amongst the Israelites there was an outward Court for the Common People , there was a Sanctum Sanctorum , there was no dispute suffer'd , about their Urim and Thummim , or the dreadfuly delivered Decalogue , and the Ancilia and vestall fire at Rome were not to be pried into by the Common People , neither would the vast Ottoman Empire suffer the secrets of Mahomets Pidgeon , or the laying the Foundations of their Religion or Alcoran vast Empire to be disputed , or exposed unto vulgar Capacities , that would sooner mistake or abuse then assent unto truth or the most certified reason . In the way unto which our fatality and ever to be lamented sad Consequences that followed the late long Parliament Rebellion , Mr Oliver St John and Mr Rober Holborne , two young Lawyers , affecting a Contrariety to the approved sence and Interpretation of our most known and best old Laws , and to Criticise and put doubtfull Interpretations upon the ever to be reverenced and wholsome Laws and Constitutions of the Kingdom , did to that end expend much Time in the search of all the Records of the Kingdom : The first of which laboured to propagate his design of Ruining the Kings Power of taxing Ship Mony , and leavying it in Case of necessity for the defence of his Kingdom and Subjects , but Mr Holbornes better opinion after all could not but leave him an earnest Assertor of the Kings Rights and Power therein , So as of the 12 Judges upon the debates of the Kings learned Councell and the Peoples Lawyer Mr St John and others dispute arguing Pro and Contra , One against the Other , Ten of the Judges giving their Judgements therein against the said Mr Hamden , that that unhappy aforesaid Ten Shillings ought to be leavyed upon him , Notwithstanding Justice Hattons and Justice Crokes dissenting opinions , who did afterwards forsake that begun and after long continued paths of Rebellion . And that good and great man , that prepared the Act of Parliament for the Converting Tenures in Capite into free and Common Socage , that took away the strength of our Israel , and worse then the folly or ill managed love of old Pelias Daughters to make their aged Father young again , whether misled by his friend Oliver St John or overmuch in love of the well poysed temper of his so much admired the Roman Pomponius Atticus , needed not to have been so over Severe in the astringent penalties nailed and fastned upon that Act of Parliament and the breaking of that Socage Act , by adding to that much better of the tenures in Capite no less then the affrightfull penalty of that of a Praemunire , when it was not likely to be so great a Stranger to his memory , that the Learned Judges of the Kingdom had at severall times in the Reigns of King James and King Charles the Martyr declared their well weighed opinions , that the Tenures in Capite were so fundamentall a part of our Laws , as no Act of Parliament could be able or have force to repeal , change or take them away . And that in all the Icarian attempts and high Flights of the long called Parliament Rebellion , and even in their Hogen Mogen unparaleld Nineteen Propositions made unto their King , which , if granted , had taken away from him all the Power of a King and a Father , or to govern or defend his Subjects . Untill in that much mistaken Erroneous Act of Parliament said to have been made in Feb. 1645. by some of the Lords & Commons of that which should not have been called a Parliament when they made War & had like strange Subjects and Advisors beaten away their King , neither had there been any design of abrogating the Tenures in Capite or of that kind in all the Brittish , Roman , Saxon , Danish or Normam times , to annull or dissolve so strong and solid a Foundation as our Feudall Laws , nothing in the Rebellion , Force , and strange unkingly restrictions Articles and agreements put upon King John at Running Mede , no grievance by the Tenures in Capite or by Knight-service certified upon any the Writs sent by King Henry the 3. unto all the Sheriffs of the Counties and Cities of England and Wales to Elect 4 Knights of every County and City to certify to the King and his Baronage their Grievances : nothing in the forced Parliament and Oaths upon King Henry the 3. and his Son Prince Edward , in the 42. Year of his Reign , nothing in his direfull procession and wa●king with his Parliament of Praelates and Nobility throu●h Westminster Hall unto that Abby Church , with burning Tapers , Curses and Anathema's against the Infringers of Magna Charta and Charta de Forresta , then and yet holden in Capite , with many of our Liberties Fundamentall and Feudall Laws therein contained , nothing desired or ordered to be taken away of them or any of them , no mention of them in the arbitration or award made by the King of France betwixt that King and his Rebell Barons , or when Simon Montfort and his Partners kept him in their powerfull Army a Prisoner about a Year or a Quarter , no Complaints or grievances against those Tenures in Capite , in all those multitudes of other supposed grievances , nothing in the Petition of Right , and 30 times confirmation of Magna Charta and Charta de Foresta , as if they could never have enough of them , nor Reformation desired in and through all the Clownish Rebellions and Insurrections in England , in the Times of Wat Tiler , John Ball , Jack Cade , Ket and others . And therefore whilst these Underminers of our long lived Monarchy , and in that their own happiness , have gratified their fond feavourish fancies in procuring a Dissolution of as many as they could of our Tenures in Capite , for all if any they could not with the Costly expence of 48. Millions sterling in mony , besides an uncomptable and unvalued damage of four hundred thousand Men Women and Children slain or Massacred whole families ruined or for ever Crpled , Heaven angry and incensed , Hell gaping , Religion torn in more then one hundred pieces , and all for want of the Care , Provision , and Protection , that the despised Mother Church of England , like the Voice that was heard in Ramah , Rachel mourning for her Children that they were not , our Shames Published in the Streets , of Gath and Askalon , in the Time of its peace , and the Sins of Rebellion and Witchcraft , have as the Egiptian Locusts covered & overspread the face of our heretofore fruitfull Island . And the Protection and Provision , usually made by our Tenures in Capite for Younger Children as well as the Eldest affords them no better a care then to leave them when the Mother is after the Fathers Death by some Debaucht , Rooking , or Gamiug Coxcomb , made a fool of and Married again , as very often they will , are like Lambs left as a Prey unto the Wolves or Foxes ; the Second Husbands , who , if the Mother have Children by him , will be as too many are well content to help to Fricasse the first husbands Children to make Portions or Estates for the Second , so as if it be Enquired where is now the Court of Wards and Liveries which hath been so pretendedly without any Just Cause at all complained of , they may find every where a Court of Wards and Liveries lamentably governed by the Fathers in Law of England , Wales , and Ireland . They might do well to make more hast then they have done to repentance & consider how much more then nothing at all the Nation was beholding to those overtures , as much as they could , of the Monarchy & Tenures in Capite , have been to those Commonwealth Erecters have deserved of the People and those whom they pretended to represent in Parliament , when instead of bread they have given them Stones , and of Fishes Scorpions , and to shew the profoundness of their wisdom did as wisely as those that attemp●ed to drown the Eel , when upon a great & serious consult they may Easily discover no better effects or fruit of their overchargeable expences enforced upon the people to their own great and Villanous gain , and the ruin spoil and inestimable damage of our 3 , before that , most happy flourishing redoubtable Kingdoms . When that Act of Parliament , for taking away the Tenures in Capite , doth but as much as it could convert them into Free and Common Socage ( without any mention of pro omnibus servitiis ) and the Law made by King Ina , who Reigned here from the year of our Savior 923. untill after some part of the Year 940. which is not specially repealed , by that Act of destroying as much as it was able the Tenures in Capite and by Knight Service did ordain that Scutarorum nullus ex pelle ovina Scutafabricatur , qui secus fecerit 30 solides , mulctator pro singulo quoque aratrobinos alat quisque ornatos atque instructos Equites , and in a Tenure in Free and Common Socage Fealty is a duty and service inseparable , as Littleton saith and signifieth ( although as he putteth the Case , is in the Ceremony of the doing thereof sometimes different from homage ) for when the Tenant doth fealty unto his Lord he shall hold his hand upon a Book and shall Swear that he shall be faithfull and true to his Lord , and shall bear him faith for the Lands which he holdeth of him , and fealty is derived a fidelitate , ( Feltman bestowing upon an originall of the like nature a fide ) and Escuage draweth unto it homage , and Homage draweth unto it fealty , for fealty is incident to every manner of Service , unless it be in the Tenure of Franck-Almoigne , and the Tenures in Capite and by Knights Service ( some only excepted ) being transferred into Free and Common Socage without saying , per fidelitatem tantum pro omnibus servitiis , may , notwithstanding the forebidding or rejection of of Homage and all other Incidents of Tenures in Capite and by Knights Service , render the fealty incident unto free and Common Socage , by our Laws to amount unto as much as that which the framer of that Act of Parliament hoped to extinguish , by Converting , those Tenures in Capite as much as he could into Tenures in pede , which should have been beleived to have been very fundamental and dangerous to alter , when the wisdom of the English and Scottish Commissioners authoris'd by an Act of Parliament in the Reign of King James who had a great desire to unite the Kingdoms of England and Scotland in their Laws and Religion , as well as they were in their neighbourhood , and to have them to be in Subjection under one and the same King and Sovereign , were after long and learned Conferences and disputes constrained to forsake that impossible to be atchieved Enterprize , and our great Incendiary Mr John Pym could in the Year 1641. harangue in that unfortunately seditious Parliament that our Laws , which he might or should have known , as to a great part of them , to have been composed and derived unto us from our German and Northern Progenitors , Feudall Laws intermingled with the Civill and Cannon Laws with some municipall Laws & Consuetudines non Malos in se as Gavel kind and the Rescripts , Edicta , & mandata principum , Responsa & adjudicata Judicum & prudentum , not dissonant or contradicting each other the Laws of God an rules of Right Reason were the Peoples Birth-Right , and our persecuted , untill he was Murthered , blessed Martyr King Charles the First did in the 3. Year of his Reign , when he signed that which they stiled the Peoples Petition of Right , declare unto them that his maxime is that the Peoples Liberties strengthen the Kings Prerogative , and that the Kings Prerogative is to defend the Peoples Liherties , and may when all is done , if well and truly weighed in the Ballance of Right reason and understanding , and what hath hapned and may come to pass hereafter , easily discern that in England there never was such a Confusion and overturning of our Laws and Ancient Monarchick Government , through all the Successions of our Brittish , Saxon , Danish , and Norman Kings , as hath been in England since the beginning of that famously infamous Rebellious Parliament and their Undermining of our Laws and Libeties and turn all into an Anarchy that they might gain a power to enrich themselves by the spoil of 3 Kingdoms , and ruining of as many as would not be as Wicked Rebells as they had been . And that when his Majesty had Released unto them the arrears of his profits by his Tenures and Court of Wards and Liveries , a Million and a half Sterling , and in his pourveyances , Nine Hundred and Fifty Thousand Pounds , It was hugely praejudiciall to the King and beneficiall unto his Subjects , too many of whom had Rebelled against his Royall Father , persecuted and Murthered him , Hunted and would have extirped his Royall Posterity , And that it can be no otherwise accompted to be then a most Barbarously Ingratefull and unworthy Act of the Nation and People of England , after many Knights fees and Lands freely given and granted by the Kings Royall . Progenitors to their forefather and their Heirs , to be holden by Knight-service and in Capite , of which if the Sixty Thousand Knights fees and more reckoned by some Authors should be no greater a number then ten thousand , and valued but at 20l. per Ann. as they may be conjectured to have been accompted in Anno. 1 Edwardi . 2. they would amount unto 200000l . per Ann. and if each of them have since increased but unto 300l . per Ann , which may be thought to be now the least improvement , might amount in yearly value unto 3 Millions Sterling , ( and if that should be multiplyed 60 times more as Ordericus Vitalis reckonet it , the Yearly value thereof might swell unto one Hundred Eighty and 3 Millions Sterling , ) besides great quantities of other Lands freely granted in the severall Reigns of his Majesties Royal progenitors , unto others of them & their heirs to be holden of them in Socage , besides 200000l . per An. or a very great Yeerly sums of Mony necessarily expended upon his Military Guards for the defence of himself & his people against Sedition and Rebellion-mongers more then his Royal Father & progenitors needed to have done if he had kept entire his said eminent and Legall Rights of Tenures in Capite and by Knight Service to endeavour to extinguish the Right use of them , and forget their great and very great obligations to their Prince and Common parent , and Royall progenitors , and take away from our Kings the means whereby they should protect and defend themselves and their Subjects from damage and Injuries forreign and domestique . And those Tax improvers and Advantage Catchers can ( as if that were not sufficient ) make it as too many of their Actions and business to cozen and beg all they can from him , and instead of never ceasing to give him thanks for breaking the barrs of an Hell of Arbitrary power and slavery , wherein their Counterfeit Commonwealth's men by their perjuries and Hypocriticall Rebellion had brought them , And their Cheating Man of Sin Oliver Cromwell had by his Instrument of his own making lockt and bolted them fast enough , as he hoped , with a Domine quid retribuam , what shall we render for all his benefits , make it the greatest of their care and Imployment not only to take and keep from him all they can , even at the same time when they had obteyned of him an unparalleld Act of Indempnity and Oblivion , to pardon and forget all their Treasons and offences committed against him , and his blessed Father , which in a small kind of Calculation may not unprobably be believed to amount unto Sixteen Millions Sterling in arreres of his own Revenue , and 2 or 3 Hundred Millions Sterling at the least for the forfeitures , which our Laws would have given him with some Mercy and Moderation to boot for so small a Recompence as during his life in the Moyety or one half of the Excise to his Heirs and Successors to be drawn out of the Groans Tears Complaints and sorrows of which the main part of the Common People who never did or are like to hold any Lands of our Kings in Capite or by Knight Service , And should not have forgotten how they promised him to be his Tenants in Corde , and with what a Princely and Fatherly affection he told their Representatives that he was sorry to see so many of his Good People come to see him at Whitehall , and had no Meat to feed or entertain them , yet when he had bereaved himself of that grand and continuall part of the strength and support of his Crown , Power and Dignity , and those entire Rights of his Monarchick Government ; which our prudent second Fabius , ever to be praised and remembred , from Generation to Generation , the late George Monke , Duke of Albemarle , for his military wary Conduct thorough almost insuperable Difficulties , without hearkning to the Syren songs of those that pretended to be for a Common wealth or being tempted or deluded to restore his Majesty to a Cripled Monnarchy , as the men of the Rebellious Rump or no Parliament with their Jugling Covenant , or as many Faces as they should have occasion to impress or stamp upon it , would have perswaded him to have done , and that great Hero denyd to do , And that ill advised framer of that Unhappy Act of Parliament to cut or take away the Arteries , Nerves , Sinews and Ligaments of the Crown and head of our body Politick , and in the doing thereof also might have bereaved the Nation of the ancient and honourable assistance of the House of Peers in Parliament , which of Ancient and long time Immemoriall have been , as they should & ought to be , the firm & strong pillars & supports of our Monarchick Government , had not the Earls of Oxford and Strafford Magnanimously as a Prologue to its Restauration come to the House then called the House of Commons in Parliament , wherein that great Monck , that Unus homo nobis qui cunctando restituit rem , was then admitted a member guarded with his own so warily conducted Army out of Scotland , before his Majesties happy Restauration and the way had been prepared for it , and calling him unto the Door of that house , demanded as Peers their Rights and priviledges , to have their house of Peers doors opened , which upon his Majesties Blessed Father's murther that so misnamed house of Commons in Parliament had shut up , and Voted to be Useless and Dangerous , which he instantly of himself Ordered to be opened , without any Act , Order or Vote of Parliament , into which they went and sat untill they gained more of their Loyall Party to help to fill their House again , which by Degrees was shortly after ( especially after his Majesties Landing and Coming to London ) Replenished and Restored , as their King and Sovereign was . And the Nation had notwithstanding by that Framer of that aforesaid ever to be deplored Act of Parliament , been deprived of that only part of our Parliament Subordinate unto their King from the beginning of our very ancient Monarchy ( and as it ought ever to be ) till the 49th , Year of K. Henry the 3. when he was a Prisoner unto Simon Montfort and his Army of Rebells and not before : When some Commons were in that Rebellion Elected to be as a part of Parliament and to sit in a Seperate Lower House , ad faciendum & consentiendum iis which the King and Lords should think fit or necessary to Ordain , had it not been rescued and prevented by the Care of the Lord Viscount Stafford and the Barons of Abergavenny and Dudley , awakened by the Book a little before Printed and Published , entituled Tenenda non Tollenda , who caused a Proviso to be inserted in the said Act of Parliament , that nothing therein contained should be extended or prejudiciall to the Rights and Priviledges and Honours of the Peers in Parliament , or any that held by Grand Serjeanty , &c. And having by their good will left as few Spears or Swords as they could in our Israel , to help to protect or defend it , could notwithstanding readily find the way to that Ingratefull River Lethe and Sin of unthankfullness , which God and all good men do not only Abhorr , but the most fierce and Savage Beasts of the Field and Fowls of the Air do detest ; and could not be fully satisfied untill they could add unto the Kings evil Bargain the taking away of the Royal Pourveyance , which amounted unto no Smaller a damage unto him then Ninety or One Hundred Thousand Pounds per Ann. it being in the 35th , Year of the Reign of Queen Elizabeth , Estimated in the Saving of the houshold expences 25000 l. per Ann. communibus Annis , in the 3. Year of the Reign of King James 40000 l. per Ann. And in the Reign of King Charles the Martyr at the most not above 50000 l. per Ann. Communibus Annis . But whether more or less is not to be found in the receipt or Yearly Income of the Moyety of the dayly ceasing pretended Recompence by the Excise arising unto no more then one Hundred and Fifty Thousand Pounds deducting the no little charges in the Collection thereof , and in taking away of that 50 l. per Ann. for the Royall Pourveyance brought upon the King no less a Damage then One Hundred Thousand Pounds per Ann. And cannot by the most Foolish of the People ( Lunaticks out of their Intervalls , Ideots , very small Infants , and Children only excepted ) be with any manner of Colour or Shadow of reason believed to be any thing near a Compensation singly for the Pourveyance , and a great deal less for that inestimable Jewell of the Crown the Tenures in Capite and by Knight Service , the later a principall part of the support of the Sovereignty and the former of the Crown . For that the Power , Might and Majesty that resideth therein is unvaluable , and not to be Ballanced by any thing that is not as much , the Pourveyance being in the Fourth Year of the Reign of King James held to be such an Inseparable adjunct of the Crown and Imperiall Dignity , and some few Years after believed by the Incomparable Sr Francis Bacon Lord Chancellor of England to be a necessary support both in Law and Politiques in other Nations as well as our own , hath told us is such a Sacra Sacrorum as Baldus and Individua , as Cynus termeth them , which Jurisconsultorum Communi quodam decreto by an uncontroverted opinion of all Lawyers nec cedi nec distrahi nec abalienari a Summo Principe , cannot as Bodin saith be granted or released , nor by any manner of way aliened or witholden from the Sovereign Prince nec ulla quidem temporis dinternitate praescribi posse , nor by any length of time prescribed against him , and therefore by Besoldus called Imperii & Majestatis Jura & bona Regni conjuncta incorporate seu Coronae unita quae princeps alienare non potest , the Rights and Empire of Majesty and the goods and part of the Crown so Incorporate and annexed unto it as the Prince cannot alien , which , for the Subjects to attempt , would not be much different from an endeavour to restrain a Prince by Law against the Law of God & bonos more 's , which by the opinion of the Learned Bacon the Lord Chief Justice Hobart and Judge Hutton would be Void and of none Effect , for the presents and good will of Inferiors to their Superiors is one of the most ancient and Noble Customs which mankind hath ever practised , and began so with the Beginning and Youth of the world , as we find the Patriarch Jacob sending his Sons to his then unknown Son Joseph , besides the Mony which he gave them to buy Corn , a Present of the best Fruits of the Country , a little Balm , a little Honey , Spices , Mirrh , Nutts , and Almonds . The Persians in their Kings Progresses did munera offerre , neque vilia neque exilia , neque nimis pretiosa nec magnifica , bring them Presents neither Pretious nor Contemptible , from which etiam Agricolae & Opifices , Workmen and Plowmen were not freed in the bringing Wine , Oxen , Fruits , and Cheeses and the first Fruits of what the Earth brought forth quae non tributa sed doni loco consebantur , which were not accompted to be given as tributes but oblations and free Gifts , which made the poor Persian Synetas , when he met with Artaxerxes and his Train in the way of his Progress , rather then fail to offer , hasten to the River and bring as much water as he could in his hands , and with a Cheerfull Countenance , Wishes and Prayers for his health , present it unto him . Nor was so altogether appropriate to those Eastern Countries where God speaks first unto his people , and the Sun of his righteousness did arise , but was long ago practised in England where the custom was as Gervasius Tilburiensis , ( who wrote in the Reign of K. Henry the 2. ) informs us that in the Reign of King Henry the 1. ) upon all addresses to the King quaedam in rem & quaedam in spem offerre , to present the King with some or other presents , either upon the granting . of any thing , or the hopes that he would do it afterwards , and so usually as there were Oblata , Rolls or Memorialls kept of it in the Reign of King John and some other the succeeding Kings and Queens , who seldom escaped the tender of those Gratitudes of Aurum Reginae , Mony or Gold presented unto them as well as unto their Kings , and was a Custom not infrequent in the Saxon Times , as appeareth by our Doomesday Book the most exact and generall survey of all the Kingdom , and so little afterwards neglected as it was paid upon every pardon of life or member , and so carefully collected as it was long after in the Reign of King Henry the 3d by an Inquisition taken after the Death of Gilbert de Samford , who was by Inheritance Chamberlain to the Queens of England , found that he had amongst many other Fees and Profits due unto him and his Heirs by reason of his said office Six pence per Diem , allowed for a Clark in the Court of Exchequer to Collect and gather that oblation or duty . For if there were no Damage to a Prince in his Dignity and Sovereignty , as it must needs be of no small concern , it can be of no small Importance in matters of profit and other Necessaries appertaining to his Regality and the necessary protection and defence of himself and his people , as hath been truly calculated and made demonstrable . And when Homage hath been defined by our Learned Lawyers Littleton and Sr Edward Coke to signify no more then Ieo deveigne vostre home , Et mutua debet esse , dominii & homagii & fidelitatis Connexio , Ita quod quantum homo Domino ex Homagio tenentis , tantum illi debet Dominus ex Dominio praeter solam reverentiam , and Sr Edward Coke citing a part out of the Red book of the Exchequer saith , omnis homo debet esse sub Domino de vita & memibris suis & terrenio honore , & observatione consilii sui per honestum & utile , comprehended in the words Foyall & Loyall , salva fide deo terrae Principi ; and servicium is by him defined in Liege Angliae regulariter quod pro tenemento suo debetur ratione feodi sui , and the manner of doing homage and fealty declared or appointed to be taken in 17 King Edward the 2 , was , that he should hold his hands together between the hands of his Lord ; our Littleton long after writing his book saith , he shall be ungirt , his head uncovered , his Lord shall sit and he shall kneel before him upon both his knees , and hold his hands Joyntly together betwixt the hands of his Lord , and say , I become your man , from this day forward , of life and limbs and earthly worship , and shall owe you my faith for the Lands which I hold of you , saving the faith which I owe unto my Lord the King and to mine other Lords . Et homo & Homagium saith Sr Henry Spelman sunt verba feudaliam & in fundamentis Juris illius , and after the Osculum or kiss of the Lord received , ariseth and taketh the Oath of Fidelity to be faithfull and true unto him , and saith Bracton homage becometh to be ex parte Domini protectio , defensio , Warrantia , & ex parte Tenentis reverentia & Subjectio . And our Littleton defining fealty as it is amongst the Feudists a fidelitate , saith , that it is to be true and faithfull to his Lord for the Lands which he holdeth of him , and shall faithfully do unto him the service which he ought to do . And Gervasius Tilburiensis cited by Sr Edward Coke might have added to the definition of homage on the King or Lords part something more from the Tenant or Homager then reverence and subjection , and not have omitted the greatest Tie and Obligation which was gratitude , for the Lands at the first given to his Father and Ancestor for that only Service ; The Tenant holding his lands & services under a forfeiture but the King or Lord not simili modo but reteyning and holding his propriety & directum dominium without any limitation the utile dominium appertaineth unto the Tenant untill he forfeits and then the Lord may enter upon the utile , and annex it unto his directum and dispose of it as he pleaseth . And Sr Henry Spelman saith licet non Juratum est in homagio sed in fidelitate , Intelligendum est quod fidelitatis praestatio individue sequitur homagium , Et in nostro Jure fidelitas est de Essentia Homagii , nam si quis fidelitatem remiserit cassum facit ipsum Homagium , And in the language of our Old Records Writs and rescripts of our Kings and Princes , Homage and fealty do so often go together , as they may be seem to be adjuncts each unto the other and are in effect as to the Subjection and service but Synonimous and Consignificant , differing only in the Ceremonies , as our Littleton saith , in doing the same which in the direction and stile of our Kings mandates unto one that hath actually done his homage , the Word Fidelis is many times used without any mention of Homage , dilecto & fideli suo , as comprehending Homage , fidelitas autem particularis apud Anglos individue comitatur omnes Tenuras , etiam dimissiones ad brevissimum tempus nunc dierum , & quamvis nunc dierum parcius exigitur relaxari tamen nullo modo potest sine tenurae interitu . And Homage and Fealty being such inseparable Concomitants as not to be separated , Homage in the Capite and Knight Service conjoyning unto it , Fealty which is the reality effect and service thereof , and Homage in those Tenures the only Ceremoniall part thereof , which would be to little purpose without the faith fidelity and service which can subsist and perform its services without it , And was so understood by our Kings and Princes in their Writs of Summons to their Baronage to their Parliaments when making no mention of Homage which is often respited , commands them infide qua nobis tenemini to appear and be present . For howsoever amongst Kings and Princes , those great concerns of them and their Subjects may be allowed to insist upon punctilio's of Honour and very necessary Concernments , which might be consequentiall thereunto , which caused our great and prudent King Edward the First when he did his Homage to the King of France for the Dutchy of Acquitaine carefully to except his ancient right to the Dutchy of Normandy , and the French Kings denying his brave and victorious Grandchild Edward the 3. to do his Homage by proxy made him so Inquisitive into his own better Title unto that Kingdom as the French King paid dear for it , and the English King at length the owner of that great and flourishing Kingdom . When Fealty is conjoyned with the Oaths of Allgeance and Supremacy , the true born only Legitimate Issue and Children of the Feudall Laws , they will be like a 3 fold Cord not at all in Reason or Justice to be broken , And in matters touching Inheritances , Nobility , Titles of Honour , womens Dower of the 3 part of Lands , and Tenements , fees , tenures in Capite and by Knight Service , Rents , Escheats , Fines , Felonies , Forfeitures , tryall by battell , cum multis aliis , &c. our Laws being not only founded upon them but supported and guided by them , It may be wondred it should be so unknown to our Common Lawyers , whom a carefull reading of our Glanvil Bracton Britton and Fleta , and a better acquaintance with their mother the Civill and Caesarean and Feudall Laws , with a due inspection into the ever to be valued Records of the Kingdom might better instruct then the malecontent and ill affected Sr Edward Coke and some other of the later School or Edition of those which are called Common Saviors , as not to believe with great assurance that that which they call so generally the Common Law is for the most part , if not all , the Feudall Law which they are pleased to call the Praerogativa Regis declared and acknowledged in Anno , 17. E. 2. and likewise that of the view of Franck pledge the next Year ensuing , and that it was therefore not unfitly wished by a Late Learned Author supposed to be a post-hume of Sr Henry Spelman , that Some worthy Lawyer would diligently read the Feudall Laws , and shew the severall heads from whence those of our Laws are derived , wherein saith he the Lawyers beyond the Seas are diligent but ours are all for profit , And An Act of Parliament in Anno , 1662. made by King Charles the 2. for the Settlement of the Kingdom of Ireland , wherein notwithstanding that it was in the ●3th , Year of his Reign ordained that all lands and Tenements in England and Ireland should be holden of him his Heirs and Successors in Free and Common Socage , there is a Proviso and Exception that all lands tenements and Hereditaments ( in Ireland ) setled or to be setled on the Soldiers who are out of said Act , and not provided for shall be , held of the King his Heirs and Successors by Knight Service in Capite ; and it is well known that our unruly Neighbours in Scotland that could never be satisfied with the Fat and plenty of our Land of Goshen untill the lean kine had eat up the fat , and they had set our before happy Kingdom on fire with their Hypocriticall , dissembling , Illegall , wicked Covenant , did not in all the mischiefs and Miseries which they brought upon us and themselves in those their Rebellious Designs , make it any part of their desires to change their ancient tenures in Capite and by Knight Service into free and Common Socage , which by unhinging the Government would have set all the wild Beasts of the Forrests loose and at Liberty , and made the otherwise unruly and never to be governed numerous vassalls so masterless as to tear in peices their Lords Lairds or Superiors , and turn that Monarchy to do as well as it can amongst a herd of rudeness and Incivilities in their Plads and Blew Capps . And the Hollandiae , Zelandiae , Frisiaeque principes terra marique potentes heretofore nullo externo usi milite ex veteri Longobardorum Consuitudine sub certa quadam feudalitiae necessitudinis lege hoc est mutuae inter dominicum patrocinum ac Fiduciariam Clientelam veluti pactionis nexu beneficiarii instituerentur qui Conceptis verbis interposita Juratae fidei religione pro beneficio accepto patrono suo militarem operam praeberent navarentque ut scilicet quoties usus posceret parati in armis essent id quod Jure Feudalistico proprium Feudatariorium munus atque officium est . Et cum praediorum defectu in these Provinces which ingenio soli quod natura depressum ac uliginosium were naturally scituated cum incilibus passim fossis lacubusque ac paludibus intercussum haud sane faciles aditus ostentat confisa & turbas & Seditionum praemia converteret , and therefore to untie those obligations betwixt the Lords and Tenants and enervate those strengths and promptitude to a confidence in their own Power , Charles the 5th Emperour , Edicto perpetuo Anno Domini 1518. officia haec militaria vulgo servitia dicta in universum abragavit vassallisque omnibus remisit . Ea tamen lege ut fundi Clientelares functionibus publicis ( quibus hactenus Imunes fuissent ) in posterum non secus atque patrimoniales obnoxii existerent , and having so farr inticed them out of their old into a much worse constitution , with Taxes and the Spanish Inquisition managed by the Duke D'Alva in a most tyrannical arbitrary Goverment , so desperated them as after a long time expended in Intercessions without any redress obteyned , and those their discontents heightned and made use of , by the Policies of their neighbours the English and French , who had reason to fear the ambitious encrochments and evil designs of the King of Spain to oppress them that were his neighbours ; and by the assistance of his late Conquest of the West Indies with their Gold and Silver Mines endeavouring to make himself to be as it were the Atlas of the World and extend his Dominions to a Fifth Monarchy and a Ne plus ultra ; All which concurring and put together with the Conduct and Adventurous successfull care of the then Prince of Orange assisted by the united Seven Provinces , whereof Holland Zealand and West Freisland were the greatest Incouragers , of the other , caused that faedus ultrajectinum , which in a long series and continuance of Time of Years making those netherland Belgick Provinces to be a Campus Martius and field of Bloud , hath with an intermission only of 12 Years Truce after that Centnry ended , occasioned greater ruines & effusion of blood then the Wars Joyned all together between Rome and Carthage , and Caesar and Pompey in the Pharsalian Fields . So long and fatall from the beginning to the ending hath been that unhappy project of the dissolving the Hollandish Zealand and West Freizland ancient Feud 〈◊〉 Laws by the altering their Tenures in Capite and by military service , which howsoever they had so continued depressed during the heat and fury of that Spanish War been laid aside and intromitted saith Neostadius , haec olim celeberrima Feudalis Curiae quam Oraculum Bataviae was wont to be called , the Lords the States of Holland & West-Freisland did by a Publique Decree order that omnia Instrumenta Feudalia publica & Feudalia Scrinia should be searched put & kept in order ; And in his Epistle Ded. unto the Estates aforesaid & Judges of the said Feudal Court Dated no longer ago then in the Month of Sept. 1665. from Alemar , saith likewise , that de qua Intromissa saepissime quaerebatur denuo instaurata fuisset adeo ut vos ( the Estates ) qui hoc tempore ejusdem reminiscentis Feudalis Curiae Senatores sive pares estis negligereaut aliis postponere non posse . And yet they do think Themselves at this day to be as free a people as any in the World with an high and mighty Hoghen Moghen into the bargain . And the Framers and Voters of that overturning as much as it could of our ancient Monarchy , ( many of whom , as House of Commons , Members in that Parliament , were Knights Baronetts , Knights of the Bath and Knights Batchelors ) might have been something more cautious then they were , and taken more care of the fatall Consequences that might and would inevitably happen , yea more then by Chance by an unavoidable necessity , or for the liberties of 10000 manors in England and Wales and a great many of manors & liberties in Ireland which had no other originall or Foundation then Monarchy or the unrebellious Feudall Laws and it and their continuance , for what could they imagine but Confusion and Villany would follow in the order of Baronetts Created by King James in the 9th , Year of his Reign limited at the first unto the number of 200. now supernumerated unto almost 1500. to hold by the tenure of maintayning 30. foot-Soldiers at 8d . per diem for 3 Years for the regaining of the Province of Ulster in Ireland , what for any of the Honourable Knights of the Garter that have no priviledge of Peers in Parliament , what for the Knights of the Bath that are to be made at the Creation of every Prince of Wales being the King of Englands eldest Son , what for such as our Kings have honoured or shall be pleased to Dignify with the honor of Knighthood or the Sword or to be an Eques Auratus ; what care was taken in that levelling Act in the effect of turning the Tenures in Capite and by Knight Service into free and Common Socage , for the honour and degree of Knighthood or of that more meritorious extraordinary one of Knight Banneretts : Was it ever intended they should go all to Plow with some ill brewed Ale to wet their Whistles , with their sword and guilt spurrs promiscuously , some with blew or red Garters or ribbons , and the rest without , and could there be no Exception or proviso's inserted in that Act for those Honourable degrees , which appertained so only to the Sovereign or a power derived from them , as our Queens Regent , in their Incapacities of wearing or brandishing a sword or personal fighting , are by themselves or others commissionated by them only to grant or give those Priviledges which are not a Few and can have no other derivation or reason for their Commencement then a Militando , not as Common Soldiers but ex strenua & continuata militia tantum adipiscatur honor , when by the Imperiall Laws Knights ex Jure concessione principis prescriptione & consue 〈…〉 dine , were anciently at the receiving of that honourable o 〈…〉 to swear not to reveal any thing by solemn Oath or Vow 〈◊〉 concerneth his Sovereign or his Countrey , never to put on Armour against his Prince , never to forsake his Generall , never to fly the field of his Enemy , &c. had Jus Annulorum as the Equestris Ordo were amongst the Roman Knights used to be honoured with , when at the Battle and overthrow of them at Cannes there were gathered amongst the slain 2 Bushell of Rings , in England and other Northern Kingdoms had jus Imaginum Coate Armorius and besides what Sr Edward Coke cannot deny to be an ancient priviledge due unto Knighthood , as hath been before said to be free ab omni Tallagio , a Knight is not to have his Equitature or Horse distrained and taken in Execution although it be for the Kings Debt , a Knight accused of any Crime ( Treason shall not be examined but before his Competent Judge , ) against a Knight in warr no prescription runneth , neither shall he be compelled to be Guardian to Children , except they be the Children of Knights , shall not suffer any Ignominious Corporall Punishment , as hanging upon a Gibbet unless first Degraded , nor be set at any ransome but such as he shall be able after to maintain his Degree . And in time of peace hath been so much valued and esteemed as 3 Knights Associated in the Kings Commission of Oyer and Terminer might hear and determine forcible Entries and outrages in the same Country or Province . A Coroner , formerly an especiall officer of the Crown , was to be a Knight , a Sheriffs Certificate , and return of the Tallies of the Kings Creditors , and Monies paid as due unto them is to be accompanied with the hands of 2 Knights ; a Sheriff cannot remove a plaint out of an Inferiour into a Superior Court without the testimony of 4 Knights . Knights and no other are to be sent by the Sheriffs to make the View de malo lecti ; the Knights of the shires elected to be members of the House of Commons in Parliament ought to be gladiis cincti , and the Commons have in Parliament Petitioned the King and obteyned a grant that it might not be otherwise , Ou autrement tiel notables Esquiers Gentilhomes del nation des mesmes les Counties come soyent ables d'estre Chivalier & noul home destre tiel Chivaler que estoite enles degrees de vadlet ( ou Varlet saith Mr Selden ) & de south , an Infant holding his Lands in Capite or by Knight Service shall not be in Ward after he is Knighted , a Knight inhabiting in any City or town Corporate shall not be Impannelled in a Jury for the Tayal of a Criminall , in a Civil Action for Debt or the like , wherein any of the Nobility are plaintiffs or defendents . 2 Knights are to be Impannelled on the Jury . A Knight shall not be distrained to serve in person for Castle guard , although he do hold Lands by that Tenure . A certain number of Knights are to elect a Jury in a Writ of grand Assize , and none but a Knight should be permitted to wear a Coller of S. S. or Golden or Guilt Spurrs . And the Dignity of Chivaler or Knight , hath been in England so honorable , as Earls , besides their Greater Titles , would many times use the Title of Chivaler only , and at other times desire to receive the Honour of Knighthood from the King after they were Earls , and our Kings have sometimes sent their Eldest Sons to be Knighted by other Kings . And a Villain which Sr Edward Coke stileth a Sokeman or one that holdeth in Socage is not by the Law of Nations and Arms to be made a Knight , unless he can manifest himself to be a Gentleman . So great a disparagement , inconvenience , and disarming , and disabling the Nation , both in the defence of their King and Themselves and their Posterity and the Honour and Dignity of their Kings and Princes with as much Wisdom as if they should make their most Earnest Supplications unto God Almighty the King of Kings to lessen the Sun & make him to be no more then a small Farthing Candle , have the Procurers & Contrivers of that most prejudiciall Act of Parliament , for Metamorphosing the Tenures in Capite and by Knight Service into Free & Common Socage , brought upon us that ever was contrived , against the Imperial Crown & Dignity of our Kings and the safety of their People and Subjects , wherein they have attempted , as much as they could , to Manacle our Monarchy , and Invalidate and make ineffectuall at once that great and unvaluable service , done by the gallant and Generous George Monke , in his Majesties most happy Restauration , with his entire and Just Regalities . When they should rather admire , and give God thanks for that goodly Fabrick and Structure of our Laws and Liberties , under the best of Monarchies , then seek to eradicate and pull them up Root and Branch , by hearkening to that wicked advice , which Mr Bond , the Master of the Savoy , in the time of their troubles , and some distresses happening to the hopes of erecting their Project of a Commonwealth , Founded in the Murther of their Religious King , and the Blood of multitudes of their Fellow-Subjects , gave unto his Fellow-Rebells , in a Consolation Sermon preached by him before the then Usurped House of Commons in Parliament , that if they could not prevail , they should imitate Sampsons Revenge upon the Philistians , by pulling down the House upon their Heads , with an Encouragement and Assurance , that , if they should fail or miscarry in that Cause of God , he would have it after his death to be Written upon his Tombe , Here lieth he that was deceived in his God and his Gospel . The Scutifer Armiger or Esq. which in a right definction , and in its true Etymon and radix is and should be less , and of a lower Degree then Gentleman , as de gente Fabia Cornelia , ( although of later Times it hath been otherwise believed and used ) and is not Equivalent unto that of a gentleman , who hath many Priviledges , As to bear Arms or Coat Armory , The Clown Varlet or Sokeman shall arise and give him place . A gentleman ought to be preferred unto Offices before any man Ignoble , and in matters of Testimony Magis Credendum Nobilibus quam plurimis aliis , may wear better Apparell as to his body , and use more rich utensils in his House or necessaries : his vote vow or opinion is in the Election or Scrutiny of Voices next after the President or Magistrate & primam vocem Edit Nobilis , the ungentle shall not Challenge the Gentle to a Combat , Quia Conditione impares with 28 more Priviledges , which the Civill Caesarean and Feudall Laws have given them . And those Confusion Mongers might once , if ever they Intend to repent , ought not only to look back into the days of old , where in all Kingdoms and Nations of Mankind , they may see it was found to be necessary to have severall orders degrees and Classes of people , according to each of their Capacities , had under Kings appointed by God , those that were fit for Magistracy and Councell , Military men and such as were necessary for War by Land or Sea , Plowmen or such as might manage or Till the Earth , Opifices or Tradesmen , with the plebs or imperita Multitudo , and how much Sin and Villany , great Damage , Ruine and Confusion they have committed or done against their Kings Themselves and their own Posterities in assaying to make an head out of the feet , or turn an head into a foot , or what kind of Reformation could those Contrivers imagine could ever be made out of such a Chaos of their own making , which will inevitably prove to be in the sequel as Impossible as for Circes Inchanted Cup soundly or deeply drank off ever to Unswine those that had been Inchanted or Transformed by it , or what Form or Frame of Government we should have , when the Caesarean and Feudall Laws , and the Ancient rectified and rational Customes of the Kingdom shall be Massacred , when ( the happily escaping ) Baronage , Temporall and Spirituall , the Knights , Esquires , Gentlemen and Freeholders , the later of whom had no other stile or Title at the best then probos & legales Homines , must be put under or into no better a respect or Condition then to be sent to Plow as Villain or Varlets , and be no more then Socage or Sokeman , of which that of Villainage or Husbandry , hath been both by our Littleton and Coke accompted to have been a part , for Laudes apud Gallo● liberi sunt aut serviles , vernacula Laudes Francks & Laudes serfs , hi rei rusticae ascripti , tributa pendunt & opera servilia , illi ad militiam designati nobiles habentur & Immunes a tributis . And all men but meanly acquainted with the beginning , rise , Duration and Continuance of the vast Roman Empire , must Acknowledge that they were at the first but Bubulci & Opiliones , such a Company of Shepheards and Heardsmen , as their neighbours the Sabines scorning to intermarry with them , they were forced to Ravish and steal their Daughters to make Wifes ; and that after many Wars , Troubles , seditions and Expulsion of their Kings , and abrogating of former Laws and Customes , they rowled , tumbled over and over , and so disquieted each other , as they were constrained to send to Sparta and Athens , to enquire what Laws and Government they had , which for a while Contenting and keeping them in some order , whilst they were busied in the Building up their Empire robbing and Conquering a great part of the World , Although with troubles enough the while , in the often change and turmoile of their Magistrates as in their Decemviri , Consuls , Tribuni Plebis patricii and Commons with the bloody interchange of the Marian and Syllan proscriptious Triumvirate &c. untill they arrived at the happiness of perpetuall Dictator and Monarchy , yet in all that time and after the Division of that overgrown Empire mole ruentis sua , into that of the West and East , they never sought to abrogate the Laws of the 12 Tables , the Fontes and Origines of the Civill Laws and those voluminous Comments which have been made upon them by their Jurisconsults & though long after hidden as for a great part disused and driven almost into Oblivion by the Irruption of the Goths and Longobards into the Western Empire , and the Establishment of their better-natured and approved Feudall Laws , untill about 500. Years after they had escaped the Edicts of those Northern People to be burned and never more used , and being found safe and entire , were in the time of Lotharius the Emperor brought in a grand Procession and Ceremony by Torch-light into Pisa or Florence , and so ever after lived peaceably and quietly in the neighbourhood of the Feudall Laws ; So as the One became Assistant unto the Other , cohabited and would never after depart from each other , and even the Late Commonwealth Rebells could not amongst all their new-Fangles and Devices forbear their being much in love with the Tryalls by Juries both in Civill and Criminall Actions , which had both their Use and Foundation from the Civill and Feudall Laws ; And Oliver Cromwell could after he had over-reacht and Mastered them , find no better expedient to maintain the Grandeur of his wickedly-gained Protectorship , but to borrow and make use of that part of the Feudall Laws which allowed a subservient Peerage , and therefore Created some of his Major-Generalls , ( amongst whom were those grand States-men Hewson the Cobler , Pride the Drayman , and Kelsy the Bodiesmaker , &c. ) Members of an House of Peers , which he would by another name have called the Other House , as Superior to his House of Commons , or Rebellion-Voters , who having sate and executed as much Power as he could bestow upon them , did , after death had cropt his Ambition , and carried him to his deserved severe accompt , attend with their whole House in grevious melancholly and mourning , his Funerall and Magnificent Charriott of State , to be buried in Westminster-Abby , to lye there untill the Hangman afterwards by a better Authority fetched away his Hipocriticall Carcass to a more proper Place , with their long-mourning Train , Supported by 6 or 8 of his nicknamed Peers . And after those pullers down , as much as they could , of our Excellent Foundations to build up their Abominable Babell of murdering their King , Destroying , Massacring , Plundering , Sequestring and decimating of his Loyal Subjects & ruining his Royal Posterity , should after his Miraculous Restauration think it to be a great piece of service to themselves and the whole Nation , to put under the shame and Ignominy of a tenure unto which our Laws never yet afforded any more then the lowest of Titles , as Rusticks , men holding by the service of the Plough and Villainage , to teach the most Ignorant and Incapacious part of the People how to Master , equall or abuse their betters , or invite the Hogs and Swine into the Gardens and Beds of Spices , to root up , foul , and trample upon the Lillyes of the Vallies and Roses of Sharon , hoping thereby to frustrate the glorious actions of that great Generall Monke , in the Restoring of the King unto his Just entire regall Rights , and to lay a Foundation hereafter of binding him and our Kings in Chains and our Nobles in Fetters of Iron , and to make an easy way for all the People of other Kingdoms to order and Govern their Kings as they hoped , by transforming their Laws and Regalities into such evil and Ignorant shapes , Interpretations and Constructions as the People , 〈◊〉 like the Dogs in the Fable of Acteon , might ( when they pleased ) be the Murderers of their Kings and Princes and of their own Laws and Liberties . But that Great and Prudent Prince in the time of his travail and abode , after his fathers death in the parts beyond the Seas , and other great Actions done by him before he returned into England , as Fleta a Lawyer of good accompt and not meanly instructed , as well in the Civil as Common Laws , or else Mr Selden would neither have Caused his Manuscript ( so long concealed in Libraries and passing from hand to hand , of such as could be made happy by the view thereof ) to be Printed and Published with his learned Dissertations or Comment thereupon , saith , that there having been a Congress or Meeting at Montpellier in France upon the 16th , day of November 1275 or some short time after in the year 1276 , about the 4th , year of his Reign between him and many other Christian Kings or their Embassadours , Viz. Michael Paleologus Imperator Orientis , Rodolphus Primus Occidentis , Galliae Philippus Audax , Castellae Leonis Alphonsus , Decimus summus ille Astronomus & Partitarum Author , Scociae Alexander tertius , Daniae Ericus octavus , Poloniae Bodislaus , Hungariae Uladislaus quartus , Aragoniae Jacobus , Boemiae Ottocarus Carolus , Siciliae Hugo Hierosolonicorum & alii Complures minoris nominis , qui Regum Christianorum vocamme fruebantur , wherein certain agreements and provisions were severally made touching the resumption , of the Lands and Manors appertaining to their Crowns & Kingdoms , together with their Homage , Rights , & Jurisdictions , wherein , although Mr Selden that great Diver and Searcher into antiquities seemeth to doubt of the truth thereof , for that Scriptores de hoc Anno non Conveniunt , and at that time Rodolphus Caesar had granted unto Pope Gregory the 10th ; Latifundia circumquaque amplissima quae antea Imperii pars insignis ; And saith that assertion or place in Fleta is locus prodigiosus , the rather for that Azo Item Jurisconsulti illius ( aevi ) summi vecusti , and our Bracton maketh no mention of it in his Chapter de donationibus , nor Britton in his Compendium Juris , neither is it found in any other Jurisconsults , or in Fortescue who lived long after . Howsoever , Notwithstanding the great reverence and respect which every man of learning or well-wishers thereunto must or ought to bear unto our great Selden , that Dictator of learning so universally acknowledged not only in England but in the parts beyond the Seas to be Decus gentis Anglorum , I shall be of necessity constrained in this particular to V●ndicate Fleta from what he chargeth upon him concerning the provisions and resolutions made and taken by our King Edward the 〈…〉 and ●●e aforesaid Christian Kings and Princes , who , especially Alexander King of Scotland and the Kings of France , Castill , and Leon , near neighbours to England , or his French territories , together with the Emperor of Germany , and the King of Sicily , by whom he had been Sumptuously Feasted in his Return from Jerusalem , might probably not have been Ignorant of his own and his Fathers and Grandfathers troubles and Ill usage , by some of his Rebellious Baronage and a party of the Ecclesiasticall and Common People depending upon them , or allured unto their Ill usage of their Kings and Princes . but to appeal to his own Vast reading and the Company of his large and Eminently furnished Library , with his Collection and recherches of and into all the Records and Choice Manuscripts in England all the Uuiversities thereof and Forreign parts , the Roman Vatican not excepted , and what could be in that famous Library of Sr Robert Cotton whilst he lived , truly believed to be the Esculapius Librorum . And it will be undoubtedly certain that there hath never been , since the Writings of the books of Sacred Scripture , any Infallibility or absolute Certainty , that a Gospell of St Thomas hath been assayed to be Imposed upon the Christian World , that St Paul's Epistle to the Hebrews , though by the Church admitted to be canonicall , have met with some Jealousies , who was the Author thereof , the great Care of the Monks , mentioned in the preface of Dr Watts his Edition of Matthew Paris , to have truths ●n●y registred to Posterity , have not freed us from the Discrepancy amongst our Ancient Writers as unto matters of Fact , as well as of opinion , and reasons given thereof , and even in that plain dealing Monk of St Albans matters of Consequence have been omitted , though he was King Henry the 3. his Historiographer , which others have recorded , and some things recited that others have omitted , and it will ever be impossible to reconcile the every where apparent differences amongst Ancient Authors as to things done , when non omnia possumus omnes hath been truly said , one man may know all , and others but some part , one thinks it not necessary to record some things , and others the Contrary , and quot Homines tot sententiae , our English Chronicles written by Hollingshead , Grafton , Fabian , Stow and Sr Richard Baker , have not been Written with one and the same Pen memory or Intelligence . And it is likely that all , or most of them , have not given us the true relation of the Cause or misfortune of the firing or burning of the Famous High Steeple of St Pauls Cathedrall in London , and a great part of an Hundred Years hath passed , whilst the People have entertained a belief , that the height of that Steeple and Lightning had been the Cause of it , untill a Plummers Boy , grown up to a very old man , did upon his death-bed Confess that it was his own Carelessness that did it by leaving of Fire amongst the Chipps that helped to melt the Lead , whereby the Steeple and Church fell on Fire , and that untill then he durst not reveal it . And our great Selden may suffer the World to believe , that in his most excellent book of mare Clausum , to prove the Dominion of the Brittish Seas to appertain unto our Kings of England he hath Discovered more then ever was known or Written of before by any Author , and of many other his learned Recherches in all the parts of the most Severe and hidden learning through the Western and Eastern Languages , opening and Discovering of many of the Rich mines of Knowledge & learning , which untill his Industrious labours had Blessed the World with the Knowledge thereof , had yet probably lain as it were buried and Concealed . And certainly were that Summus ille vir great man of Learning now Living , he would Ingeniously Confess that , that even in his own times our great Physitian the Learned Doctor Harvey hath Discovered and made it to be Confessed and Believed , without any Contradiction of the Learned in the Medicinall Art , that the blood in the body of a man doth Circulate unto the Heart , which Gallen , Hypocrates , Avicen , Averroes , or any the Medici , Physitians , and Anatomists Pancirello and his learned Commentator Salmuthius that Travailed so much in the search of the Occultia & nova reperta of the World from the Creation thereof , never met withall or were able to Demonstrate as he hath done , and Mr Selden must of necessity permit it to be likewise believed that our English Annalists , Historians and records will witness , that before the Reign of King Edward the 1. and that grand Parliament , or congress of him and the aforesaid Christian Kings mentioned by Fleta , our Henry the 2. King of England , did not only resume and call back to the Revenues of his Crown divers Manors , Lands and Hereditaments , which his Royall Predecessors had aliened , but King Edward the 1. Henry the 4th , 6th , and Edward the 4th , did the like . For Choppinus in his book de antiquo Dominio Regum Francia hath given us the Reason and necessity thereof , and our Parliament Rolls can evidence that the Commons of England have complained that our Kings have granted away to their Subjects too many of the Liberties belonging to the Crown of England , and it was one of the Articles , Exhibited against the Rebelliously deposed King Richard the 2. that he had aliened certain Manors and Lands of the Crown . And the Actions and Proceedings of King Edward the 1. after his return into England , and that aforesaid Congress and Meeting of so many Christian Kings and Princes , must of necessity greatly Corroborate and Confirm Fleta's before-mentioned assertion , when the great Actions of that Prince after that he came into England may evidence that he was Diligent and Carefull in the performance of what he undertook and understood rationally to be done in his own Kingdoms and Provinces , and might well think that many of the aforesaid other Kings and Princes would have done the like , if some other evenements or disturbances , as the long continued Wars in France , and the Aurea Bulla in the Empire of Germany , had not lessened or hindred their resolutions . So as our excellently learned Mr Selden may give me and others leave to say , That when Fleta recited that Dreadfull Procession , Imposed and put upon King Henry the 3. to walk through Westminster Hall to the Abby Church of Westminster , Cursing and Condemning to Hell the Violaters of Magna Charta and Charta de Forresta , and saith it was done in praesentia & assensu Regis Henrici , Archiepiscoporum , Episcoporum , Abbatum , Priotum , Comitum-Baronum , magnatum Regni Angliae , he doth not mention King Johns Charter being read , as Mathew Paris and Samuel Daniel have related , or of the Record before specified of the Kings speciall saving of his Regalities , and it happened well that none of the Predecessors or Progenitors of the House of Commons in the Parliament of 1641. and their Continuators , through all that long and fatall Rebellion , the most Ingrate and greatest Infringers of Magna Charta and Charta de Forresta , and as great over-turners of Reason , Laws , Religion , and Truth , and the English Nation , and the sense , Construction , and true meaning of the words heretofore used , or misused therein as ever was or hath been in any Nation , Countrey , or Kingdom , or at the Confusion of Languages at the building of the Tower of Babell , or amounting to all the Nonsence that hath ever since been spoken by or amongst mankind in an everlasting Spirit of Contradiction to Reason , Truth and the Laws of the Land. And Fleta , a Contemporary Lawyer , under that valiant and prudent Prince hath likewise recommended to After Ages that res sacras Coronae fuere liber Homo , pa● , Jurisdictio muri & portae Civitatis quae nullo dari debeant . And that res quidem Coronae sunt antiqua maneria Regis , Homagia , libertates & hujusmodi quae non alienentur , tenentur Rex ea revocare , secundum provisionem omnium Regum Christianorum apud montem pessulam mompellier in Languedock Anno Regni Regis Edwardi , fil . Regis Henrici , quarto ; Et si de Escaetis suis perinde debeant ad valenciam , nec valebit deforciantibus longi temporis praescriptio , diuturnitas enim temporis tantum in hoc Casu magis Injuriam auget quam minuit , cum constare debeat singulis quod hujusmodi libertates de Jure naturali vel gentium ad Coronam tantum pertineaut . And that great King was so more then ordinarily carefull of the rights and Honor of his Crown and Regall authority , which had been too much depressed and misused by the Rebellion of Simon Montfort , and some Rebellious Barons , and his fathers Imprisonment , with the Wars and Hardships put upon them , & did so well provide against any the like troubles and Convulsions of State , as in his return through France , and abode for some time in Aquitain , where he was Sumptuously feasted by the King of France he took an especiall care when he did Homage to him for Aquitain and some other Dominions he held of him in that Kingdom , to limit it only unto them and except Normandy , where he expended much time in the Setling of his affairs . But howsoever Summus ille viz our Mr Selden was of opinion that so remarkable a provision and Monarchical Resolution of our King Edward the first and so many Emperors and Christian Kings and Princes to conserve the rights of their Crowns reported by Fleta , was Prodigious , and taken too much upon trust and an over facile credulity of our Carceratus Fleta as he termed him because resumptions of the Sacred Patrimonies aliened had been used here in England long before and not used at or about the same Time by Rodulphus primus the Emperor of Germany when he granted to Pope Gregory the 10th , Bononia ( in Italy ) et latifunda circum quaque amplissima quae ante Imperii Romani pars insignis and permitted to be aliened to the Pope who was not then so easy to be resisted , and that Choppinus and those many great and learned Doctors of the Law that had written and argued so much concerning those kind of alienations and our own Historians had been altogether silent therein yet that Decus Anglorum gentis might in his great recherches of our English Records Laws and Annalls have found that our King Edward might have been believed to have taken such Councel either from his former calamities , in his & his fathers Time , or by a generall Consult with some or all of those Christian Princes or their Legates for that he was no sooner arrived in his own Kingdom and Dominions but he began to busy himself as much as his other great Cares and Variety of troubles would Suffer him to do in the allaying the Unquietness of the Disturbances which Humfrey do Bohun Constable of England , Rigor Bigod , Earl Marshall of England , Gilbert de Clare Earl of Glocester and many other the remains of his fathers more then Cammon Distresses , and in his Wars with Scotland and annexing the Rights and Superiority of it to his Crown of England in the placing & displacing of the Kings and Heirs thereof a Regality Superlative not to be neglected and an effect pertinent enough to that Monarchick Universall consult ; when in the fourth year of his Reign an Enquiry was made of all the Manors and Lands , Tenements , Parks , Buildings , Woods , Tenants , Commons , Pastures , Pawnage , Honey , Herbage , and all other profits of Forrests , Waters , Moors , Marshes , Heaths , Turbury and Wasts , and how much it was worth by the year , Mills , Fishings Common and severall Freeholders and Copyholders , by what Service they did hold their Land by Knight Service or in Socage , and what reliefs what Customary Tenants and by what works or Service they did hold ; what rents of Assise what Cotages and Curtilages and what rents they do pay by the Year , what pleas and exquisites of the Counties and of the Forrests and what they were worth by the Year , what Churches of what Yearly value and who was the Patron with the yearly value of Herriotts Fairs Markets Escheats Customes Services fore Time Works and Customs and w 〈…〉 t●e pleas and perquisites of Courts Fines & all other Casualties were worth by the Year or may fall by any of those things ; an Inquisition much resembling that of the Norman villains enquest in the Book of Domesday or that which long before preceded it called the Roll of Winchester and in his elaborate recherches of all the Ancient Records Annalls Historians Manuscripts and Memorialls of the Brittish Saxon Scotish and English Nations for the clear Evidence and manifestation of his Undoubted Right to Jus Superioritatis oftke Kingdom of Scotland . And in the same Year what things a Coroner should enquire of purprestures or usurpation upon any of the Kings Lands and that they should be reseised . A Statute of the Exchecquer touching the recovery of the Kings Debts made in Anno 10. E. 1. A Cessavit per Biennium to be brought by the Chief Lord with a forfeiture upon him that neglecteth to do his service by the space of 2 Years . In Anno 17. Fined 10 of 12 of his Judges accused and indicted of taking Bribes and very great summs of Mony Statute of quia Emptores terrarum that the Feoffs shall hold his lands of the Chief Lord and not of the Feoffer . And afterwards caused the Judges at their return out of their Circuits to rectify in rolls of Parchment all Fines and amercements due unto him and ordered them to receive only their then small Wages thereout , curbed the Clergy that denied to give him Aids , and forbad them to come to his Parliament which was holden , untill their Submission with a Clero Excluso and granted his Writs contra Impugnatores Jurium Regis , made 2 Statutes of Quo Warranto in 18. E. 1. that every man should shew cause how he claimed or held his Liberties . Ordinatio de libertatibus perquirendis 27. E. 1. Statute of Wards and Reliefs Anno. 28. E. 1. Another Statute of Quo Warranto . Anno. 30. E. 1. Ordinatio Forrestae Anno. 33. E. 1. So that pace tanti viri with all the honor and reverence that can or ought to be given to Mr Selden that Dictator of Universal & Solid Learning it may be said that our Fleta which was by him so well esteemed as to have been published and caused to be printed with his learned dissertations and Comment thereupon might well have escaped his scruples and distrust , when in that great Kings travail from Hierusalem or out of Aba homewards he was royally feasted by the King of Sicily one of the aforesaid Confederate Christian Kings the Pope and divers Princes of Italy . And when the Pope had afterwards demanded 8 Years arrears of him for an Yearly tribute of 1000. Marks for the Kingdom of England and Ireland enforced from King John did by his letter answer that the Parliament was dissolved before his letter came unto his hands and that sine Praelatis & Proceribus ( no Commons therein mentioned ) comunicato Concilio sanctitati suae super praemissis non potuit respondere & Jurejurando in Coronatio sua prestita fuit astrictus quod Jurat regni sui servabit illibata nec aliquid quod Diadema tangit regni ejusdem , ( no such Oath or Promise being in the Coronation Oath ) ut nihil abusque illorum requisito Concilio faceret ; And that greatly learned man could not but acknowledge that there were afterwards resumptions of Crown-Lands in the Reign of King Henry the 2. the alienation of some of the Crown-Lands severely charged upon King Richard the 2d . Anno. 33. H 6. by an Act of Parliament and in the reign of King Edward the 4th , at the request and upon the Petition of the Commons , and were much more needfull then those that had been before in the Reign of King Henry the 2. made Leoline Prince of Wales to come and do him Homage and Baliel King of Scotland attending in our P●rliament to arise from his State placed by the Kings and Stand at the Bar of the House of Peers whilst a cause was pleaded against him . And it might not be improbable that that League betwixt that King and the aforesaid Christian Princes might be entred not amongst the Common Rolls and records of England but of Gascoigne where it was most proper and that some Vestigia of his great Actions might be there found of it as well as that of the 22th Year of his Reign of a Summons of divers English Barons to come to his great Councell or Parliament , in England ; and it could not be unknown to that great man of learning , that as Authors and Writers have learned and Writ one out of another , so have many Wrote that singly and alone which many of the Contemporaries have either not been Informed of or did not think fit to Mention the dreadfull plagues of Egipt and the most remarkable that ever were in so short a Time inflicted by God upon any Nation of the Earth , since the universall Deluge , destroying all but the Righteous Noah & his Family & the several Kinds of Creatures perserved with him , & the passage of Moses thorough the Red-Sea in his conduct of the People of Israel into the land of Canaan were not to be thrown out of the belief of Christians & all others Venerating the Sacred Scriptures , because Plato or Pythagoras travailing into Egypt in the inquest of learning have given us no particular accompts thereof , and it will ever be as truly said as it hath been , that Bernardus non videt omnia & the ancient institution rites & ceremonies of the most Honourable Garter is not to be suspected because our Law and Statute books have not made such Discoveries , Recherches , or a worthy and most elaborate Record thereof as the learned and Judicious Mr Elias Ashmole hath lately done , or our Glauviles Book de legibus & Consuetudinibus Angliae is not to fall under the question whether he was the Lord Chief Justice of England that Wrote it because there hath not been so much heed taken of him as ought to be by our Common-Law Year-Books or Memorialls of Cases adjudged in our Courts of Justice and later Law Books when the learned Pancirollo in his Book de deperditis Ac etiam de novis repertis and the exquisitely learned Salmuthius in his Comment or Annotations thereupon , or the learned Pasquier in his Recherches and our ever to be honored Mr Selden in his rescuing from the Injuries of Time those many before hidden truths which he in his history of Tithes Jauus Anglorum Analett Brittanniae Titles of honor de Synedriis Judeorum u●or Jus naturae & Gentium Historia Ead mei cum multis aliis , and those very many discoveries of learning and Truth which the world must ever confess ought to be attributed to his walking in unknown paths nullius ante trita pede have very Justly escaped any such suspicions and that long and Eminent Treaty for Peace at Nimiguen for divers Years last past managed by most of the Monarchs of Europe and their concerns wherein the care and mediation of our King in the charge of his Plenipotentiaries have not wanted gratefull Testimonialls of the many very much concerned Kings and Princes in the putting a stop to the Warrs effusion of Blood and devastation of so great a part of Christendom is not or ought to be placed amongst the non liquets or Doubtings of after Ages because ( which by some Incuria or neglect of our Recording of it amongst our Archives , which the more is to be pittied is not much unlikely to happen ) it is not to be met with amongst our Records or Historians . When the so much Deservedly admired speculations and Experiments of the excelently Learned Sr Francis Bacon Lord Verulam in his Philosophy more then Aristotle and many others had made those Discoveries of des Cartes , Depths and Investigations of our Sr Kenelme Digby into the most abstruse parts of Learning and that great addition now every where allowed to be true to that most necessary and usefull Art or Faculty of Physick of the circulation of the Blood in the Bodies of men first Discovered and made apparent by our late Learned Doctor Harvey , though the Egiptian Arabian and Grecian Doctors and the greatly Famed Galen and Hypocrates had in all their labors knowledge and Practice not so much as taken notice of it were never the worse but rather much the better that former ages and men in the length of Art and the short Curriculum of their lives often intermitted with Sickness and the Cares and Troubles of the World had no sooner communicated it neither ought the Truth and value of our allways highly to be esteemed Seldens Labours in the vindication of our Kings Sovereignty in our Brittish Seas suffer any abate because no Englishman before had undertaken it , or of his learned Observations and Comments upon Sr John Fortescues Book de laudibus Legum Angliae because he did not mention or had Discovered that that over-tossed and turmoiled worthy and learned Chancellor was after the Expulsion of the 3 Henrys 4. 5. 6th , of the House of Lancaster under the later of whom he had Faithfully served from the Inheritance of the Crown of England by King Edward the Fourth , with his better Title enforced publickly to beg his Pardon and with much ado and by Writing and delivering unto him a Book contradicting the Title of those former Kings and asserting that of his own , which appeareth in that Act of Parliament in the 13th Year of that King for the Reversall of his Attainder . And those disturbers and misuses of our Fundamental Laws might do well to sit down and consider that our uncontrolled every where in England venerable Littleton can certify us , that if a man hold Land of his Lord by Fealty only for all manner of service , it behoveth that he ought to do some service to his Lord , for if the Tenant ought to do no manner of service to his Lord or his Heirs , then by long Continuance of time it would grow out of memory whether the Land were holden of the Lord or his Heirs , and thereupon the Lord may loose his Escheat of the Land or some other Forfeiture , so it is reason that the Lord and his Heirs have some service done unto them to prove and testify that the Land is holden of them and that without taking away the Fealty and repealing the Oaths of Allegeance and Supremacy the Duty and Oaths of the Subjects remained as they did whilst they held their Land in Capite and by Knight Service . Which probably as may sadly be lamented could never have hapned if the later men of the Law in England had not by the space of something more then Forty Years , last past , leaped over ( as it may be feared they have overmuch done ) the successive learned labours and Books in a long process of Time in the Reign of our Regnant Kings and Princes divers Judges and Sages of our Laws Recording from Time to Time Cases Judgments Decrees and Dicisions maturely and Deliberately adjudged therein : But too much neglected those guidings better guides and faithfull Directors the Civill and Feudall Laws , and suffred their Studies and practice to be imployed and incouraged in the Factious Se●i●ious & Rebellious principles of those Times , by following the gross Mistakes of Sr Edward Coke in his Discontent malevolence and Ill will unto the necessary and legall Regalities of the Crown and Idolizing , as he did , those grand parcells of forgery and Imposture entitled the Mirrour of Justice , and the Modus tenendi Parliamentum , and their neglecting the readings of Glanvile , Bracton and Britton , and other good Authors . And the Civil Law was the Parent and Mother of many of the maximes and principles of that which is now called our Common Law , And those men of the Law who without Books subsistence or Estates , when they went beyond the Seas , with their Sovereign , and had not there the opportunities of the Knowledge or help of the Records of the Kingdom that might have been their best Instructers , were for the most part but Young Gentlemen Born and Bred in the times of our Distempered Parliaments , ( as those were that Tarried here , who walked along with the Rebellion , too much adhered unto them ) and came Weather-beaten again with his Majesty , had understood as they might have done , the Originall Foundation and Continuance of our Monarchick Government . But King Edward the 1. who had passed over and overcome so many Hardships , Difficulties , Misfortunes , and Storms of State , was so unwilling to be afraid of a part of his Unquiet Baronage , or to Humour the popularity and ignorance of any of the Common People , or to be in fear of them , or of any their Factious or Seditious Machinations , making what hast his affairs would permit to return into England , where his father having by his Death escaped the restless conflicts of a long and troublesome Reign , and his Exequies and Ceremonies of buriall performed , Róbertus Kilwarby , Cantuariensis Archiepiscopus , Gilbertus de Claro Comes Gloverinae , ( a man that had been in Armes and opposite enough against his father and himself in the former convulsions of State ) and John Warren Earl of Surrey ( saith Samuel Daniel went up to the High Altar ) cum aliis Praelatis ac Regni proceribus Londiniis apud novnm Templum convenerunt Edwardum absentem Dominum suum Ligeam recognoverunt paternique Successorem honoris ordinaverunt assensu Reginae ( non Populi ) and before his return into England John Earl Warren and Gilbert de Clare Earl of Gloucester in the Abby Church of Westminster sware unto him Fealty ( without asking leave of the People ) and proclaimed him King , although they knew not whether he were Living or Dead , caused a new great Seal to be made , and appointed six Commissioners for the Custody of his Treasure and Peace , whilst he remained in Palastine , where by an Assassin feigning to Deliver Letters unto him , he received 3 Dangerous Wounds with a poysoned knife ( then said and believed to have been cured by the Love of his Lady , that Paragon of Wives and Women , who sucked the Poyson out of the Wound , when others refused the adventure ) and after 3 Years Travail from the time of his setting forth , many conflicts and Disappointments of his aids and Ends , left Acon well fortified and manned , and returned homewards , in which as he travailed , he was Royally feasted by the Pope , and princes of Italy , whence he came towards Burgundy , where he was at the foot of the Alpes met by Divers of the English Nobility , and being Challenged to a Tournament by the Earl of Chalboun , a man of extraordinary Renown , Successfully hazarded his Person to manifest his valour . thence came again into England , with the great advantages of his Wisdom , Courage , and Reputation , assisted by the memory of the fortunate Battle at Evesham , and his Actions in the East . SECT . XVIII . Of the Methods and Courses which King Edward the 1. held and took in the Reformation and Cure of the Former State Diseases and Distempers . KIng Edward the 1st , was together with his Queen Crowned at Westminster by Robert Archbishop of Canterbury , ( Alexander King of Scotland and John Duke of Britanny attending that Solemnity ) which being finished he shortly after forced Leoline Prince of Wales ( who had taken part with Montfort against his Father King Henry the third ) to do him Homage , and after a Revolt imprisoned and beheaded him , did the like to his brother David , and United Wales as a Province to England , made the Statute of Snowden , considered and perused their Laws , allowed some , repealed others collected some , and added new , as he well might there do , ( for the Prince or King which Governed Wales had always used so to do ) and appointed one to give his assent to the Election of Bishops and Abbots . And when The Pope demanded 8 yeares arreares for the rent or tribute of the Kingdoms of England and Ireland enforced from King John , did by his letter answer that his Parliament was dissolved before it came , and that sine Praelatis et Proceribus communicato concilio sanctitati suae super praemissa non potuit respondere , et Jurejurando in coronatione suam praestito fuit obstrictus quod jura Regni sui servabit illibata , nec aliquod quod diadema tangat Regni ejusdem ( no such clause or promise being in the Coronation Oath ) ut nihil absque illorum requisito concilio faceret . Sent to Franciscus Accursius Docto : of laws resident at Bononia in Italy , the son of the famous Accursius the Civil lawyer , to come with his wife & family into England & by his writ to the Sheriff of Oxfordshire commanded him to deliver unto the said Doctor Accursius the King 's manor house and castle of Oxford ( then no mean place ) for him and his wife to Inhabit . Did so imitate the wisdom and providence of the Roman and Caesarean laws , as Augustus Caesar , and other of the Succeeding Emperours had done , as he gave unto men learned in the laws ( which was more for the peoples good then in their suits and actions at law to court and live under the protection and humours of their popular Patroni's ) libertatem respondendi to give councell and advice to their clients in their concernments at law and direct and plead their causes , and was with us in England the originall of our Serjeants at law , and pleaders mentioned in the Statute made in the 3d year of his Reign with great penalties to be inflicted upon them for any falshoods or deceits which should be committed by them , which in the 3d year of the Reign of King Edward the 2d came to be so much in use and reputation ( much more since augmented by the grace and permission of our Kings and Princes into an eminent State and degree ) as they are only to be made and constituted by the King's writs , appointed for the people to help them to Justice in their causes or actions either as to Prosecute for their Rights , or defend them from wrongs , and oppressions , and intimate , and shew unto Judges what the laws do require to be done according to Justice and equity , and must needs be gratefull to the people who were so thereby freed from maintenance , champerty , and quarrels too frequently haunting the courts of Justice as it was enough for an advocate or Lawyer in discharging himself from actions brought against him for Champerty or maintenance to plead that he is Homo legis and was retained by his Client . Although the word Narrator or Narratores pleaders have been found to have been used in the later end of the Reign of King Henry the 3. which might either proceed from the Civill or Caesarean Laws whereof the Lawyers of those Times would have been ashamed to have been such profest Enemies as some of ours are pleased to be , because they do not or cannot afford to understand their excellencies or from the use or misapplication of some newly Devised Verba Novata by some rash or inconsiderable Authors or Writers unto some long before by gone and past ages such as Hint Sham , &c. not at all in those Times made use of or understood which have produced great Digladiations and Disputes both amongst Writers and Readers and made many that otherwise would not or should not go to Cuffs in the Dark for little or nothing . And to satisfy his Subjects in the grand concernments of their Laws , and Liberties , Lives , and Estates , and to cause them to be fully kept , and Executed , sent his Writs to his Justice of Chester , and the Sheriffs of all the Counties of England in these Words , viz. Cum propter communem utilitatem & totius Regni nostri meliorationem & populi nostri relevationem de Communi concilio Praelatorum & Magnatum Regni ejusdem ( no Knights , or Citizens , and Burgesses for the Commonalty being then present or believed to have been necessary ) quasdam provisiones & quaedam Statuta cum magua diligentia ordinari & postmodum sigillo nostro signari fecerimus tam a nobis quam a ministris nostris quibuscunque quam ab ipsis Praelatis & Magnatibus nostris ac tota communitate Regni praedicti ( then understood to be included in the advice of the Prelates and Nobility ) ad perpetuam memoriam rei gestae inviolabiliter observand vobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes quod provisiones & Statuta illa in pleno Com. Cestr. & in singulis Hundredis ejusdem comitatuus , Civitatibus , Burgis , Villis , Mercatoriis , & locis aliis ubi expedire videritis legi & publice & solempnitor proclamari & ea in omnibus & singulis articulis suis & ab omnibus de baelliva vestra futuris temporibus juxta tenorem corundem firmiter & inviolabiliter observari & provisionibus & Statutis illis sic proclamatis & ea in singmlis locis infra ballivam vestram ubi expediri videritis distinct & aperte conscribi & ea fidelibus nostris locorum illorum sic Scripta sine dilatione liberari vobis ac ballivis & fidebus nostris habere cum eis indigueritis ostendenda & quatuor vel duobus militibus de fidelioribus & discretioribus militibus Comitatus praedicti de assensu totius communitatis trad● faciatis ( those Knights only and no Citizens or Burgesses trusted therein ) ad Securitatem dictae communitatis Cusiodiend . & it a vos habeatis in hoc mandato nostro exequendo ne nobis seu aliis per vos vel vestros seu vobis per defectum vestrum vel vestrorum imputari possit vel debeat quod ea quae in dictis provisionibus & Statutis continentur vel corum aliquae in balliva vestra minus plene observentur , & hoc vobis & universitati Comitatus praedictitenore presentium significamus , T. R. apud Westm. 28 die Mar. consimiles literae diriguntur singulisVice comitibus per Angliam , which needed not to have been said there if there had then been an House of Commons in Parliament or any such comprehension or representation of Commons by Commons in Parliament as the Authors of their supposed Sovereignty have fondly imagined . And at the instance of John de Cobham altering the tenure of some of his Lands in Gavel-kind , did it by his Charter in these Words , ad Regis celsitudinis potestatem pertinet & officium ut partium suarum leges & consuetudines quas justas & utiles censuerit , ratas habeat & observari faciat inconcussas , illas autem quae regni robur diminuer potius quam augere & conservare abolere convenit aut saltem in melius commutare . Directed his Writ to Roger de Seyton and other his Justices Itinerant at the Tower of London in these Words , viz. Rex dilectis & fidelibus suis Magistro de Seyton & Sociis suis Justiciariis Itinerantibus apud Turrim London , Sal●tem . Sciatis quod per dominum H. Regem patrem nostrum & nos , ac Consilium , nec non & alios fideles suos qui cum eodem patre nostro convenerant apud Marleberge provisum fuit , quod si coram quibuscumque Justiciariis Itinerantibus appellum vel querimonia fieret de roberia & pace fructa vel homicidio aut aliis commissis tempore guerrae nuper suborte versus eos qui fuerunt contra eundem patrem nostrum vel alios , aut dc hujusmodi commissis presentationes fierent sicut ad Capitula Coronae fieri solent , nullus ea occasione amitteret vitam vel membra , aut penam perpetui Carceris incurreret , set alio modo de dampius & amissis vel ablatis & transgressionibus fieret Judicia & castigatio secundum discretionem Justiciariorum dicti patris nostri & insuper diligenter attenderent & observarent ea que continentur in dicto de Kenilleworth . Et habeant Justiciarii in singulis Itineribus suis transcriptum dicti prefati , Ita quod de his quae per alios Justiciarios ips●●s patris aostri ad hoc assignatos termina fuissent seu terminari deberent , nichil facerent Justiciarii dicti patris nostri Itinerantes sine speciali mandato suo , si forte sibi idem pater noster aliquid injungeret & sciendum quod tempus guerrae incepit a quarto die Aprilis Anno. Regni dicti patris nostri 48 quando vexillis explicatis exivit cum exercitu suo ab Oxonia versus Northt . & duravit continue usque Sextum decimum diem Septembris Anno Regni dicti patris nostri xl . nono quando apud Wyntouiam pacem suam post bellum de Evesham in presentia Baronum suorum qui ibidem convenerant firmari fecit & clamari ; ( no Commons or Knights or Burgesses representing for them ) Provisium fuit etiam ne aliquis amittteret vitam vel membra pro Roberiis aut homicidiis aut aliis commissis sub specie guerrae per illos qui contradictum patrem nostrum erant a quarto die Junii Anno Regni ejusdem patris nostri xlvii . quando illi vexillis explicatis primo per terram suam incedentes roberias homicidia & incarceraciones tam personis Ecclesiasticis quam secularibus fecerunt usque ad predictum tempus quo ab Oxonia versus Northt . cum exercitu suo recessit . De aliis autem quae tempore illo sub specie guerrae non fiebant haberetur tempus illus velnd tempus pacis . A tempore autem supradicto quo apud Winton pacem suam firmari fecit & clamari , curreret Lex pro ut tempore pacis currere consuevit . Ita tamen quod illi qui fuerint apud Axeholm . sive apud Kenill , vel Insula Elyens . vel apud Cestrefeld vel postmodum apud Suwerk observaretur plene pax sua prout eam habere deberent sive per dictum de Kenileworth sive per privilegia sua de pace sua sibi concessa . De illis autem qui cum Com. Gloverniae in ultima turbatione fuerunt , observaretur pax facta inter dictum patrem nostrum & ipsum Com. Ita quod a tempore quo dicto Comes recessit a Wall. versus London . usque ad diem quo recessit a Civitate praedict . non procederent Justic. contra ipsum vel eos qui erant in parte sua . Et hoc de illis tantummodo intelligeretur . De depredationibus autem utrobique factis & tempore praedicto observaretur hoc quod pace inter dictum patrem nostrum & ipsum Comitem facta continetur . Et ideo vobis mandamus quod hec omnia in prefato Itinere diligenter observari faciatis . T. R. apud Kickleton . xix . die Marc. 6. E. 1. He commanded the Sheriffs to distrain every man that had 20 l. per Annum , in Land , or a whole Knights Fee of the li●e value , and hold of him in Capite & milites esse debent & ad arma militaria within such a Time a nobis suscipiend . which was like a Nursery for military affairs for the continuance of those gallant necessaries for publique Defence in and by the obligations of their Tenures , wherein a great part of our Fundamentall Laws , Oaths of Allegeance , Loyalty , and Duties of Subjects do subsist . And by an Inquisition taken in the same Year at Launceston in Cornwall by a Commission out of his Court of Exchecquer , it was found by a Jury that Dominus ratione Regiae dignitatis & Coronae suae habet privilegium quod nullus in Regno suo aliquo qui sit de Regno Angliae alieni homagium sine fidelitatem facere debeat vel aliquis hujusmodi homagium vel fidelitatem ab aliquo recepire debeat nisi facta mentione de fidelitate domino Regi debita eidem Dominus Regi observanda Episcopus Exon adfuit contrarium &c. Et in contemptu , &c. Et le Evesque mis a respond . And like a second Justitian did cause John le Breton one of the Justices of the King's-bench , Or , as others have written , Bishop of Hereford , to compile in his name a Book of the Laws and Customs of England , wherein the King directring the Book to all the People , which were under his protection par la Soufrance de Dieu , saith , for that peace could not be without Laws , he had caused those which had been heretofore used in his Realm to be put in Writing , which he Willed and Commanded should be Observed in all England and Ireland , en toutz pointz Sauve a nous de repealer & de eunoiter , & d' amander a toutz les faitz que nous verron que bon a nous serra par l'assent de nos Countes & de nos Barons & autres de nostre Conceil Sauve les usages a ceux que prescription de temps oul autrement use en taint que leur usages soyent mys discordants a droiture ; in which Book and the Droits de Roy there is no mention made of the Election and Summoning of Knights of the Shires , Citizens and Burgesses , to Parliament . By his Edict or Proclamation prohibited the burning of Seacole in London and the Suburbs thereof for avoiding its noysom Smoak ; and without any Act of Parliament divided Wales into Shires , and ordained Sheriffs there as was used in England ; caused some London Bakers not making their bread as they ought , to be drawn upon Hurdles and 3 men for rescuing a prisoner arrested by an Officer to have their right hands cut off by the Wrists . Fined without advice or assent of Parliament ( which might well be so understood to have been so upon the Act of Parliament in Anno 3 of his Reign , ordained that such offenders should be ransomed and Punished at the Kings Will and Pleasure ) Sr Ralph Hengham Chief Justice of his Bench 7000 Marks , Sr John Lovetot Chief Justice of the Common Pleas 3000 Marks , Sr William Brompton 6000 Marks , Sr Solomon Rochester ( or Roffey ) 4000 Marks , Sr Richard Boyland as much , Sr Thomas Sodenton 2000 Marks , Sr William Saham 3000 Marks , Roobert Littlebury Clark Master of the Rolls 1000 Marks , Roger Leicester no less , Henry Bray Escheator and Justice of the Jews 1000 Marks , Sr Adam Stratton Chief Baron of the Exchequer 34000 Marks , and Thomas de Weyland being the greatest delinquent and of the greatest substance , could not be so easily excused , but was Banished and had all his Goods and Estate Confiscate to the King , only John de Metingham & Elias de Beckingham ( two of the itinerant Judges , to their eternall honour , saith Henry Spelman appearing Guiltless and Righteous in that severe and Kingly examination and Justice ) purged his Courts of Justice and the Officers and clarks thereof from Bribery and extortion , banished the usury of the Jews , hanged 297. of them for abusing the Coyn and Money of the Kingdom , curbed the pretended Independent power of the Clergy , Clipped their Jurisdictions , and upon their refusall to pay Tallage towards his Wars , Seized many of their Temporallities , put them out of the protection of his Laws and Justice and caused them to be excluded out of one of his Parliaments untill their Submission , whom he had by wofull experience understood to have had too great an Influence upon some of the unquiet Nobility . Made himself the Arbitrator and Umpire betwixt the many great Pretenders to the Crown of Scotland , amongst which was Erick King of Norway , and received the homage of the King thereof , and in his Claim to the Superiority strongly Asserted it , when the Pope had by his Letter unto him mediated on the behalf of the King of Scotland , and claimed that Kingdom . And was so watchfull over his own Rights and what belonged to his Crown and Dignity , as upon an appeal from John Baliol King of Scotland and his Parliament to the Parliament and Court of the K. of England , unto which when he was Summoned personally to appear before him , & appearing , sate with him in Parliament , was Suffered no longer to sit by him , but untill the Cause came to be heard , when he was cited by an Officer to leave his Seat , and Commanded to stand at the Barr appointed for pleading , which he having no mind to do craved leave to answer by his procurator , but was denied , and as a Feudatory made to arise and descend to the Barr , and defend his own Cause before him as his Superiour . Which by the Ancient feudall , Fundamentall Laws of England without the assistance of any other of our Laws concerning Treason , might have excused and Justified our excellently virtuous Queen Elizabeth in her unwilling Tryall , Condemning Beheading and putting to Death Mary Queen of Scotland her Feudatory , not only for Usurping the Arms and Title of the Crown of England , but plotting after her flying for Refuge unto her , and her Kingdom of Scotlands Superior for Resuge , to bereave her of her Kingdom of England and the Dominions thereof , by her intended Marriage of the Duke of Norfolk , for which he was likewise condemned and Executed for Treason . In the same Year by his Writ commanded to be arrested Susurrones & publicos predicatores contra personam Regis . In the 7th year of his reign upon occasion of false rumours sent his Commissioners into severall Counties of the Kingdom , ad inquirendum qui dicebant Regem inhibuisse ne quis blada sua meteret , vel prata sua falcaret , & quod omnes tales sine dilatione in prisona custodiantur douec authores suos invenerint & tunc liberent & authores in prisona custodiant donec pro deliberatione corum mandatum habuerint Speciale . In the 13th , Year of his Reign for a fine of 20 Marks paid by W. gave him a respite de se militem faciendo . Et a pres il fut amerce per les Justices itinerant parceo q'il ne leur monstre son Charter . In the 10th Year of his Reign granted authority to Signify his assent to a future Abbot . And in the same year impowred Edmond Earl of Cornwall to admitt in his name the Mayor of Oxon , when the commonalty of the town should present him , and the like for the Mayor and Sheriffs of London . In the 12th , Year of his Reign granted to the Citizens of London power to make Sheriffs of London and Middlesex . In the 13th , Year of his Reign directed his Writts to the Sheriffs in the words ensuing , cum de consuetudine regni qui habent 20 libratas terrae vel feodum militis valens 20 libratas terrae vel feodum militis valens 20 libratas per annum distringerentur ad arma militaria suscipiendum nos ob servitium &c. in Wallia a communitate regni nostri volumus quod non habentes tantas libratas terrae non distringantur . Ordained that in Parliament certain Bishops , Lords and Other their Assistants should be named of that Honourable Assembly of Parliament at the very beginning thereof , which for many Ages after hath been duly observed , to be receivers and tryers of the Petitions , Complaints , and Desires of his People to be exhibited therin whether properly to be there determined or in the Courts of Justice in Westminster-Hall or other inferior Courts . In the 14th and 16 , Years of his Reign made his cousin Edmund Earl of Cornwall custos regni . Spared not in his Court of Kings-bench Robert the Son of William de Glanvile and Reginald the Clark of the said William for delivering at Norwich a Panell of the Kings Writs , which the King 's Coroner ought to have brought . Banished his Son Prince Edward from his Court & Presence for 6 Months for giving reproachfull words to a great Officer of his Court or Houshold . Caused the Prior of the Holy Trinity in London and Bogo de Clare a man of great power and reputation to be arrested at his suit by Peter de Chanet Steward of his houshold , and Walter de Fancourt Marshall of the King for citing Edmond Earle of Cornewall to appear before the Archbishop of Canterbury as he was passing thorough Westminster-Hall to the Parliament whereupon the Prior and Bogo after some pleadings in the said case submitting themselves uuto the King's Grace , Will and Pleasure , were committed to the Tower of London , there to remain during his Will and Pleasure , and being afterwards Bailed the said Bogo paid to the King a Fine of 2000 Marks , and gave security to the Earl for 1000. which by the interposition of the Bishop of Durham and others of the King's Councell was afterwards remitted unto 100 l. and the Prior was left to the Judgment and process of the Court of Exchecquer . In the 20th Year of his Reign praecepit singulis vice Comitibus per Angliam & Justic. Cestr. quod proclamari facerent quod omnes qui habent 40. libratas terrae in feodo & haereditate sumerent militaria arma . In that and the Year following seized the Lands of those that would not take that Degree , and made speciall respites to some during their lives . Caused his Justices to certify into the Exchecquer at the return out of their Circuits by particular Rolls under their own Names the Fines and amerciaments set imposed and forfeited upon Actions of trespass , rescous , deceit , attaints non est factum or salse Pleas , untrue avowries , appeals of Murder , felony , manslaughter , meyheim , Contempts and attachments upon process out of any of his Courts , of Justice , abuse of the Law , Fictitious actions , and vexatious Suits , Non-suits in Actions reall and personall , or when but part was found for the Plaintiff or Defendant , which were in those Days as much for the advance and well ordering of Justice as they were for the Kings profit . who took such a care not to have it neglected , as by his Writ ( without an Act of Parliament he prefixt his Justices certain times for the causing the said Monies to be levied , when their own then little Wages or Salaries were to be paid out of it which made them to be so exact therein as there was no fault deserving a Just Punishment could escape the Eyes and Ears apprensions and Watch of his regulated Justices , insomuch as Offenders were Fined or amerced pro falso clamore or quia non invenerunt pleg . for Deceipts , Sheriffs for not returning of Writs , Jurors for not appearing or pro falsa appretiatione , or giving verdicts before they were sworn , Fined such as threatned or abused them , and sometimes the Common People that had occasion to attend his Courts of Justice pro garrulitate or irreverent Behaviour , kept his Courts of Justice within their Centers , and Limits of Jurisdiction , held them to their just and legal forms of Pleadings in verbis Curia , and was severe against any of the Pleaders , Counters or Officers pro Seductione Curiae as the Language of the Records of those times did import for any Deceits or Collusion misleading or abusing the eyes and ears of his Judges and the Clients , as well as the faithless Officers and Ministers of his Courts of Justice , or in the Circuits of the Judges itinerant , and therein was something less severe then the Law and Usages were in the Reign of his Great Grandfathe Henry 2. when William Fillius Nigelli a judge itinerant being in misericordia of the King pro defalt qui postea venit & cognovit quod emendavit rotulos Sine Sociis suis , & ideo in miser . Did not leave the grand Jurors so much Arbitrary Power , as too many now please themselves to mind more where to have good Meat and Wine untill some seldom Indictments more for Malice then Love of Justice or a care of their Oaths be brought unto them , but ordained their Charges not to be given in fine orations or speeches , as soon gone out of their Memory as come in , but to put in Writing in distinct articles of enquiry , whereunto they were upon Oath to answer negatively or affirmatively , whereby the offences against the Laws Conspiracies , Treasons , Dangers , and Disturbances , of the Nation were in the Embrio's stisled , and as soon Discovered as hatched . But the troubles and injuries forced upon the Crown , his Father , and Himself by the wicked attempts of Simon Montfort , and his Rebellious partners putting him in mind to make his business to give a stop to growing mischiefs and prevent as much as was possible any thing of the like nature for the future , did find it necessary for the good of himself and the Kingdom , as the judicious Sr Henry Spelman hath recorded it , to lessen those high powers , authorities and priviledges , which the Chief Justices of England had before that time exercised and claimed as appurtenances to that great Office , as it were to be Vicarias Regis , Pro Rex , & locum tenens Regis , Custos regnii & regni Guardianus in absentiae Regis , tanto etiam prae aliis omnibus emicuit Justiciariis ut eisdem suo brevi more regio , imperaret , & restraine ejus phtestatem cancellis circumscriptis arctioribus adeo ut se sejunctum a rerum fastigio & priscae amplitudinis forensi solummodo negotio & judiciis exercendis eum abdicavit , did by his Writ constitute the said Chief Justice , and all that were to succeed him in that Office and place under the form and declaration only concerning the affairs and business , wherein he was to Officiate and be imployed in his Court of King's-bench rs by his Writ appeareth in these Words ; Quia volumus quod sitis Capitalis Justiciarius noster ad placita coram nobis tenenda , vobis mandamus quod Officio illo intendatis , Tmeipso apud Westm , &c. And in all probability praeteritorum memor , By sad misfortunes warn'd learnt to beware How dang'rous innovations ever are . Well considering that if that contrived Writ of Elections gained by a rebellious force and imprisonment from his father almost 30 Years before , could have created in or to the Knights , Citizens , or Burgesses to be elected or brought into our King's greatest councels of the highest and most important concernments of the weal publick of the Nation . Any such Rights or Priviledge , as some of their Successors or Factious flatterers have since arrogated , yet so long a Discontinuance of a Priviledge not at all executed or vested in them after a forfeiture incurred by the Cities of London , Bristoll , Gloucester , and the most of the Counties , Cities , or Boroughs , which had taken Arms against their King instead of their aid and assistance not very fully pardoned by any the Compositions or agreement made by King Henry the 3d , his Father by the dictum de Kenilworth after his Victory gained of them at the Battle of Evesham . And that notwithstanding he might have taken in again his own just Rights and debarred them f●om an after Invading or disturbing of him therein , and that neither his Fathe●s Charters nor his own Confirmation of all the Peoples Liberties and priviledges either in Words expressed in his Father 's Magna Charta or Charta de Forestae , or any way to be implyed within the verge or meaning thereof , could bind him to Continue such a kind of Election of a separate part , of the Vulgar or Common People , as Simon Montfort , and his Rebellious Complices had Traiterously devised , and that such an attack of the Regall Government by the hoped for advantages of some , or intermedling ambition of others in matters wherein they had little or no understanding , or whereby they sought only to accomplish their own evil Designs , making them ever afterwards more industrious then they should be to associate the creeping Ivy with the Royall Oke , which by its clipping Kindness and drawing to it self its Sap and nourishment , might at length Canker , enervate and destroy it . Yet willing to show them that he would as little as he could , recede from what had been granted as privileges and Liberties to his Subjects , and probably to pacify their then too much accustomed fears and jealousies , and allure them into a course of obedience to those Laws & provisions which should be made by the Privity and approbation of a Select number of the more wise and discreet part of his Common People , and give them experience of an Adage or worthy saying of his own in many or some of his rescripts , quod omnes tangit ab omnibus approbari debet in some speciall cases , but not either by the laws of God , Nature , or Nations , or our laws always adjudged to be Requisite or necessary . And at the same time to lessen , as Mr Prynne , Sr William Dugdale , and other weighty Authors have well observed , the Strength and power of a part of his ungovernable Baronage by counter-ballancing in some sort their over-great power in his great councells or Parliaments , by Requiring and making use therein of the service of the Knight Citizens and Burgesses fairly to be elected according to the intention of his writs , and Royall mandates , and acting according to the commissions or procurations which their Counties , Cities , or Boroughs should lawfully give or trust them withall . But so little approved of Popular elections and that which had been imposed upon his Father , as he was unwilling to adventure upon any thing like it untill he had rectified many things , which he b●●ieved had been much of the causes of the Distempers in the Body Politick , and was to be warily done by a care and retrogradation , as much as might be , before he would condescend to please the People ; which Some of them , or those that would make use of them began to be too fond of , and therefore could hardly bring himself to please them in that kind especially when he could perceive the Nobility Disliking and averse unto it . Howsoever with some Confidence believing it to be beyond any fear or Imagination that any Danger to the English Monarchy and Government so Anciently , rationally and well founded according to the Laws of God , Nature and Nations , Laws of the Land , and reasonable Customes thereof could happen thereunto by the election of a part of the People Subordinate to the Nobility and Baronage as well Spirituall as Temporall adstricti legibus , and obliged by their Tenures in Capite Homage and Fealty in the strongest manner that the Wisdom and Care of Mankind could devise , as bonds never to be shaken off and a tye upon their Estates , Bodies and Souls by their Oaths of Allegiance , Tenures , and Forfeiture of their Lands to be true and faithfull to their King and those which they held of , or that they or any of their Posterities could be so ingratefull for benefits received from the Crown and his Progenitors from Generation to Generation as to be so unmindfull of their often repeated Homages and Oaths of Allegeance as when they were Summoned only to perform and obey what the King and his Lords Spirituall and Temporall in his greatest Councell should adjudge meet to be done for the Publique Good , and to stand as Petitioners in the outward Courts , should by Insinuations from some priviledges and the Power granted unto them and others for that purpose and only end of contributing necessary aids for their Kings for the defence of themselves and their Defenders , by gradations and the over indulgence of their Kings and Princes and the advantages of catcht opportunities creep into the Arcana Imperii and snatching the thunderbolts and authority of the Sovereign out of his hands make themselves too busy with the supream power themselves that should be governed , to be the unruly and unreasonable Governors of their King and Gods Vice-Gerent . Who might have thought himself and his Successors to have been in some condition of Safety when the Summons to Parliament were to be only by his Writs and Authority and the Sheriffs who were not the Parliaments Officers but the Kings , and by the Law Sworn unto him not unto both or either of the Houses in Parliament and strictly bound to observe and Execute his Writs and Mandates , made himself content to allow some things of that way or course which had been before unduly and Illegally contrived , and therefore did as it appeareth alter and change it into a more legall and just way with different methods enough as he thought to make them and after Ages understand , that it was his only right to do it ; and that they were to be no more then consenters obedient , and ready to do and perform what the Lords Spiritual and Temporal should in Parliament advise , wherein he was to be the sole Director , Ratifier , and Ordainer , and to be at his Disposing in the Summoning and Calling them together , as to Time , Place , Continuance , Proroguing , Adjourning , or Dissolving any such or the like Assemblies , and that he in all things to be done therein was as their Sovereign to have his Granting , Directive , and Negative Voice , and in the sending out of his Writs of Summons for any Great Councells or Parliaments to vary in the circumstances orders or limitations or additions , as his occasions for the Weal publick should require , with such other variations as might signify his care to prevent future Evils or impending Dangers , and reserve to him and his successors the long ago just rights of the best tempered Monarchy in the Universe . And for the better method and order to be used in his House of Lords and Peers , whom he had Summoned and made use of in his great Councels and Parliaments , untill that time , without the Commons or any Procurators on their behalf in the making of divers Laws and Statutes of very great Concernment to them and the Weale Publick . And to make the Councells and Assistance of the Wiser and better part of his People more Effectuall , and in a better order then that which the rebellious part of his and his Fathers ill-affected Baronage had neither well provided for themselves or them , did whilst he was content to admit into the fitting and necessary Secrets and intimacy of his great Councells a select part of them to be duly chosen by his Writts and commands as to Time , Occasion , and Place , resolve to give after ages to understand that he did notwithstanding reserve to himself as his Royal Progenitors had Anciently done , when they only Summoned the Prelates and Peers to their Great Councells his and their most undoubted rights and power of Summoning , Proroguing , Adjourning , or Dissolving those Assemblies , and the sole and only affirmative or negative voice in the making of Laws , as being the only breath , Life , and being thereof . Did at his being in Goscoigne in the Twenty Second year of his Reign send his Writs of Summons to Summon divers great Lords as well French as English being in number Sixty one , amongst whom were Roger de Moubray , William Trussel , Symon Basset , Theobald de Verdon , &c. habere colloquium & tractatum with him ( in England ) ubicunque fuerit , in a much Differing form then those of Henry the 3 his as aforesaid Imprisoned Father . And Directed his Writ to the Sheriff of Northumberland in these Words , viz. Rex &c. Vice Comiti Northumbriae Salutem tibi praecipimus quod de Comitatu praedicto duos milites & de qualibet Civitatem ejusdem Comitatus duos Cives & de quolibet Burgo duo Burgenses de discretioribus & ad laborandum potentioribus sine dilatione eligi & eos ad nos ubicunque in Regno nostro fuerimus venire facias , it a quod dicti milites plenam & sufficientem potestatem pro se & communitate Comitat praedicti & duos Cives & Burgenses pro se & communitate civitatum & Burgorum praedict . divisum ab ipsis tunc ibidem habeant ad consulendum & consentiendum pro se & communitate illa his quae Comites , Barones , & proceres de Regno nostro ordinabunt , &c. T. Rege octavo die Octobris , alltogether Different from the Writs made out and enforced from his Father King Henry the 3. During his Imprisonment in Anno 49 of his Reign . Consimilia brevia diriguntur singulis aliis Vicecomitibus Angliae , And in the same Year and the next Day after , sent another Writ to the same Sheriff in these words . Cum nuper tibi praeceperimus quod duos milites de discretioribus ad & laborandum tunc potentioribus ejusdem Comitatus de consensu ejusdem eligi & eos ad nos usque Westmonasterium in crastino Sancti Martini proximo futuro cum plena potestate pro se & tota Communitate ejusdem Comitatus venire faicas ad consulendum & consentiendum pro Communitate illa his quae Comites , Barones , & Proceres de Regno Nostro in dicto crastino ordinabunt ( the King being then in Gascoigny and not intending to be there present ) tibi praecipimus firmiter injungentes quod praeter illos duos milites eligi facias alios duos milites legales , & ad labor andum potentes , & eos una cum dictis duobus militibus usque Westmonasterium venire facias it a quod dicto crastino sint ibidem ad audiendum & faciendum quod eis tunc ibidem plenius injungemus & hoc nullo modo omittatis , & haheas ibi hoc breve teste meipso apud Westm. nono die Octobris , and caused more Knights of the Shires at that Time to be Elected , then he had done before or after , Eodem modo mandatum est singulis Vicecomitibus Angliae . And to that end did afterwards without any Deviation from what might justly appertain unto himself in the well ordering and government of his councells and Subjects in the most legall manner , send his writ of Summons to Gilbert de Thornton ( chief Justice of his Court of Kings bench ) in these words . viz. Quia super quibusdam arduis negotiis nos et Regnum nostrum & vos caeterosque de concilio nostro tangentibus quae sine vestra praesentia nolumus expedire vobis mandamus in fide & dilectione quibus nobis tenemini fir miter injungentes quatenus sitis ad nos apud Westm. primo die mensis Augusti proximo futuro vel saltem infra tertium diem subsequentem ad ultimum tractatur ; & vestrum concilium impensur . & hoc nullo modo omittatis teste meipso apud Album Monasterium 23. die Junii Anno regni nostri 23. Eodem modo mandatum est Justiciariis de utroque banco & de Itinere & Justic. assignatis Decanis juratis de Concilio , Baronum de Scaccario & aliis Clericis de concilio quorum nomina annotantur . And the inferior Secular Clergy not being at all called with other of the Commons by that unauthorized Writ of Simon de Montfort in the 49th Year of the Reign of his then imprisoned Father King Henry the 3d , did hold it to be as agreeable to Reason and his good Intentions for the One as the Other , to make out his Writ of Summons in These Words , Viz. Venerabili in Christo Patri eadem gratia Cantuarensi Archiepiscopo totius Angliae Primati salutem , licet nuper mandaverimus quod die Dominico proxime post festum St. Martini quod jam instat apud Westm. personaliter interessetis & quod praemoneretis Priorem & Capitulum Ecclesiae vestrae Archidiaconum & totum Clerum vestrae diocesis faceretisque quod iidem Prior & Archidiaconus in propriis suis personis & dictum Capitulum per unum , idemque Clerus per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis Capitulo & Clero habentes una cum vobiscum interessent modis omnibus tunc ibidem ad tractandum , ordinandum , & faciendum nobiscum & cum caeteris praelatis & Proceribus & aliis incolis regni nostri qualiter periculis , quae eidem regno nostro , hiis diebus imminere videntur , poterit obviari quia tamen pro navigio nostro congregando & parando quod ad dicti regni defensionem , & hostium nostrorum impugnationem , annuente Domino , speramus maxime profecturum : quodque per omnibus utile , credimus festinari in partibus de Wynchelse , moram tam diu facere nos oportebit , quod dictis die & loco Commode non poterimus interesse ; vohis mandamus in fide & dilectione , quibus nobis tenemini , firmiter injungentes , quod die Dominica , proxima ante festum beati Andreae Apostoli proxime futurum ; ad quem diem dictum negotium ex causa predicta duximus prorogandum , apund Westm. personaliter intersitis , praemunientes praedictos Priorem , & Capitulum , Archidiaconum , & Clerum facientesque quod tunc ibidem intersint , ad tractandum , ordinandum , & faciendum super praemissis , prout in priori mandato nostro , vobis inde directo , plenius continetur . Prorogationem autem hujusmodi de dioces . Vestra , quorum interest celeriter nuncietis . Teste Rege apud Odymere 11 die Novembris . Consimiles literae de verbo ad verbum diriguntur Episcopo Eli. Episcopo Norwic. Episcopo Winton . &c. But in that ballancing way of his great nobility by the vulgus or common people fastened so ill an example in process of time upon his Crown and successors as some of them have sadly since experimented it , as in the event it hath too much resemblance with what that excellent Queen Elizabeth did by supporting that ingratefull Republick of the united provinces , when she was forced to do it to preserve her self and the Protestant Religion as well at home as abroad against the Spanish tyranny and encroachments . When he was not able at that time to foresee that the number of freeholders would be as they were afterwards almost 300 in 5 encreased , and that such great quantities of Abby , Priory , Nunnery , and Chantry lands and other profits and possessions given and dedicated to Religious uses , which in the Reign of King Henry the 8th may be justly estimated to be a 3d part of the lands and revenues of the Kingdom should ( much of it ) fall to the share of the common people , and make them more surly and haughty then they were , and ought to be , or that in the granting of those lands from the Crown ( from which much of it originally came ) a great part of the tenures in Capite , and by Knights service should in those times be turned into free and Common Soccage ; or by the manumising or making free Multitudes of Copyholders ) which in former ages may be accompted to have been another third part ( if not more ) of the lands of the Kingdom . Or that the Offices of Sheriffs , which in his and the former Reigns of our Kings were commonly lodged and intrusted in the hands of the Nobility and great men of the Kingdom , would so much be altered as to be most commonly placed in the lower rancks of the People , whereby the ignorant vulgar , Seditious , or Factious , and most numerous part of them should be suffered to take upon them to make their own indiscreet or purchased Elections , when the Writs only comm●nded and intended that the Sheriffs who were solely 〈◊〉 thereunto , should without any Bribery , Partiality , 〈◊〉 Corruption , make and Govern the Election , and to be the Judges of the Fitness or Unfitness of the persons to be Elected to give their Assent in Parliament unto what should be there Ordained by their King , by the Councel and Advice of the Lords Spiritual and Temporal . Or that any of his Successors would for an Excise upon Ale , Beer , Coffee , and Syder for want of a regall revenue , which in many ages past had been by Princely indulgencies and necessities of encouraging and rewarding merit and Service for the good of the publick greatly and too much wasted and exhausted , ever have been perswaded to have released so much as was done of the Tenures in Capite by a factious part of the people , ( who designed to undermine the Monarchical Estate of the Government . Or by some of the more Loyall advisers who either by ignorance or otherwise did not well understand Monarchy and the Government ; Or the sad and ever to be lamented Consequences and Effects that have already followed , and will hereafter fatally ensue the change of the Tenure in Capite and by Knight Service , to release and turn those Nerves and Sinews of the Government , ligaments and ties of the Crown , the Chariots and Horsmen of our Israels Glory , Strength , and support of it , and the Loadstone of the Subjects obedience , into free and common Soccage . Wherein much more heed was to have been taken then formerly , for that the Militia and the Sovereignty and Power of our Kings , much whereof were lodged and incorporated therein , were founded and built upon the Tenures in Capite , and by Knights Service , the Basis , Foundation , Life , Blood , Animall Spirits , Soul , Essence , and support thereof , and had not long before been by an Horrid and Hypocritical Rebellion wrested out of the hands of the late blessed Martyr King Charles the 1st . by abuse and misconstruction of the Laws , false arguments , and the fear and flagging of some of his most Eminent Justices and Lawyers who were too little acquainted with the Feudall Laws , and Laws of Nations , the Records , Annalls , and Histories of the Kingdom and the Monarchicall Government thereof . Which too much encouraged and assisted the Rebellion against him , together with the murder and destruction of him and many Thousands of his Loyall and more Dutifull Subjects that fought for him . Notwithstanding all which the aforesaid cares & condescensions of that prudent Prince King Edward the 1. hoping for the best and not suspecting the worst , In the 25th Year of his Reign requiring Bohun Earl of Hereford and Constable of England and other the Barons to go with him to the Wars in Gascoigny , and Bygod Earl Marshall of England , likewise refusing , unless the King himself would go in Person , the King swears ye shall go or Hang , and the Earl answered he would neither go nor Hang , and so without leave departed , the King notwithstanding proceeded in his Voyage to Flanders , the two Earls of Hereford and Norfolk , assemble many Noblemen and other their friends to the number of 30 Bannerets , so as they were 1500 men at Arms and stood upon their Guard , and the King being ready to take Ship , the Archbishops , Bishops , Earls , Barons , and Commons sent him a Roll of the Grievances of his Subjects , in Taxes , Subsidies , and other imposicions , with his seeking to force their services by unlawfull courses ; to which the King answered , that he could not alter any thing without the advice of his Councell , who were not now about him , and therefore required them , that seeing they would not attend him in his journy , ( which they absolutely refused to do though he went in person , unless it were into France and Scotland ) that they would yet do nothing in his absence prejudiciall to the Crown , promising at his return to set all things in good order ; but being afterwards enforced to send for more Supplies of Mony , ordained a Parliament to be held at York , and to the End he might not be disappointed of aid , condesended to all such Articles , as were demanded concerning the great Charter , promising from thenceforth never to charge his Subjects otherwise then by their consent in Parliament . Seized the moneys in the Popes Bankers hands to relieve his and the publick necessities , gave protections from arrest and troubles in their Estates to them that should have paid it otherwise , and notwithstanding the Popes Anger and Threats not in those days easily to be adventured upon , did not pay and refund it within 2 or 3 Years after ; Seized also and took at his own price the Wools which the Merchants then had in the Ports ready to be transported , and all the Lands and Great Estates of Bohun Earl of Hereford and Clare Earl of Gloucester , and upon the Marriage of his Daughter the Lady Elizabeth to the first with a Gift in Tayl to them . the reversion in the Crown , and the like to Gilbert de Clare Earl of Gloucester , and Hertford by Marriage of his Daughter the Lady Joan restored them in tail as aforesaid unto them , and made not only the said Humfrey de Bohun , Roger Bygod Earl Marshall ( whom upon second failings he afterward confiscated ) and all others who had joined with him in refusing to serve him in his warrs according to the tenure of their lands to be glad and well content with his generall pardon . In the same year granted to Hugh Kent de Galvy in Ireland and the Heirs Males of his body the liberty of enjoying the benefit of the English laws in terra sua Hyberniae as the writ ensuing wlll evidence . viz. Rex omnibus ballivis & fidelibus suis in Hybernia ad quos &c. Salutem volentes Hugoni Kent de Galvy Hyberniae gratia facere specialem concedimus ei pro nobis & haeredibus nostris quod ipse & liberi sui de corpore ipsius Hugonis legitime procreati & procreandi hanc habeant libertatem quod ipsi & posteri eorum de extero in terra nostra Hyberniae tam in morte quam in vita legibus consuetudinibus utantur Auglicanis firmiter inhibentes ne quis eos contra hanc concessionem nostram injuste vexet in aliquo vel perturbet in cujus &c. Teste Rege apud Gillingham 25 die Martii per ipsum Regem . And by his letters patents constituted Johannem de Breton Custos or Warden of the City of London as followeth , viz. Rex omnibus ballivis & fidelibus suis ad quod &c. sciatis quod dilectum & fidelem nostrum Johannem le Breton constituimus custodem civitatis London ad amerciandos Aldermannos & alios quoscunque de civitate praedicta qui ad rationabilem praemonitionem , Seu Summonitionem custodis ejusdem pro negotiis nos & Civitatem illam tangentibus venire contempserent , & etiam ad Vicecomites Civitatis praedict . & ipsorum Clericos ac ministros mercedem sui Officii capientes cum super hoc modo debito convicti fuerint juxta quantitatem delictorum suorum castigandos & puniendos quantum necesse fuerit & quatenus sua discretio de jure viderit faciendum specialem tenore praesentium committimus potestatem quam diu nos placuerit durando in cujus , &c. Having before in the 13 or 14th Year of his Reign fined Gregory de Rokesly Mayor of London , for that he renounced the Mayoralty and delivered the Common Seal of the Mayoralty ( or City ) to Stephen de Ashren & aliis de Communitate London sine licencia ipsius Regis , for which he was glad to receive his Pardon . In the 25th Year of his Reign directed his Writ Custodi Northwallia mentientes & falsos rumores contra Regem castigand . The like to punish conventus & conventicula . Another to respite the King's Debts & aliorum dum in obsequio Regis . With a Proclamation for the confirmation of Magna Charta , & Charta de Foresta , and to Command that two discreet Knights be chosen in every County to Attend Prince Edward the King's Son his Lieutenant in England during the Kings absence in partibus transmarinis to procure the King's Letters-Parents for confirmation of the Peoples Liberties . In the 27th Year of his Reign a Parliament being called at Westminster , wherein the two Charters were confirmed , with the allowance of what Deafforestation had been formerly made but with ommission of the clause Salvo jure Coronae nostrae , which the King laboured to have inserted , being a small return and Civility to a Sovereign , whose Royall progenitors had freely granted those Liberties and Priviledges , and himself willing to confirm them , but by no means it would be agreed unto . Was so incensed at the revolt of the Scots , and so fixt in his resolution of subduing them , as going to fight a battle with them , whose army much exceeded his own , when he was with one foot in the Stirrop getting on horseback , the horse upon some great noise or shout in the Scottish army , who were Marching on to engage him , Started and throwing him to the ground with his hinder foot Strake him so on one side as he brake two of his Ribbs , which could not so hinder either his Courage or Resolution but he again remounted the same Horse , and charged with good Success as he wan the field , and slew as some of their Historians mention about 60 thousand of them . In the 30th , Year of his Reign the Constable of Dover having upon an Order or Sentence of the Court of Sheppey , which was the Magna Curia of the Cincque-Ports arrested the Abbot of Feversham , pro quibusdam transgressionibus per ipsum perpetratis in laesionem Coronae & regiae dignitatis , was cited and excommunicated by the Archbishop of Canterbury , the King thereupon ( as the record mentioneth ) nolentes nobis super Statu regio nostro aliqualiter derogari aut ministros nostros pro hiis quae judicialiter fuerint indebite fatigari commanded the Archbishop in fide qua sibi tenetur firmiter injungentes quod hujusmodi citationibus of the Constable or his Ministers ea de causa faciendis supersedeat sententias praedictas in ipsos per ipsum ut praemittitur fulminatas faciat sine dilatione aliqua revocari ita quod non operteat nos ad hoc aliter apponere manum nostram . In the claim which he made and deduced to the Pope of his right to the Superiority of the Kingdom of Scotland attested by an hundred hands and seals of the Earls and Baronage of England in a Parliament holden at Lincoln , when he gave an answer to a letter of the Pope mediating in the behalf of the King of Scotland , and claiming that Kingdom to belong to the Church of Rome , wherein he had desired him to send his procurators and evidence to be heard and determined at Rome , the historian and our records have informed us in these words that quoniam vero ad hoc quod Papa petivit quod si Rex Angliae jus haberet in regno Scotiae , vel aliqua ejus parte procurators & instructos mitteret , & fieret eis justitiae complementum , Rex per se noluit respondere , sed hoc commisit Comitibus aliisque terrae Baronibus , who gave him a choaking and flatly denying answer on the behalf of their King. And pursuing his Victories against that Nation took out of Edenburgh the Crown , Scepter , and Cloth of Estate , with the Marble Chair , wherein the King 's of Scotland used to Sit , whilst they were Crowned , wherein according to an old Scotch Prophecy the fate of that Kingdom so resided , as wheresoever it should be , the Rule and Government of that Nation should follow , and offered up the same at St Edwards shrine at Westminster intending to unite the Kingdom of Scotland to England , imprisoned the King of Scotland in the Tower of London , where he long detained him , subdued Malcolmus King of Man and the Kings of the Other Isles , and was so unalterable in those his purposes as he ordered that his bones should after his death be carried along with such English Armies as should afterwards be employed against that Nation . Did in the 31st year of his Reign treat with the foreign Merchants , and by his Charta mercatoria without the trouble , advice , or assent of his great Councel or Parliament , relinquish unto them his former kind of customs called Prises upon their granting unto him 3d of the pound now called the Petit Customs out of all foreign Merchandises imported ( except wines ) for every sack of wool to be exported 40d , for every 300 woolfells the like , and for every last of leather a demy mark over and above the duties payable by Denizens for the same commodities ; which grant being by the Merchants of several nations not incorporate into a body-politick of no force by the rules of the common Law , the Kings Charter only made it good and maintained it untill it was confirmed by Act of Parliament in Anno. 17. E. 3. which was 50 Years after , which Charter being made in England by that great and valiant Prince was afterwards by him exemplyfied and transmitted into Ireland with a speciall Writ to the Officers of the Customes there to leavy the 3d penny in the Pound and other duties mentioned in that Charter , as appeareth in the Records of the Exchequer of Ireland , by virtue of which writ without any Act of Parliament there the 3d penny in the pound with the other duties were ever after leavied in that Kingdom , and paid to the Crown . In the 32d year of his Reign he was so little afraid of his potent Nobility , under whose greatness and power many of common people sheltered their Oppressions of one another by wrongfull disseisins , and making themselves Tenants to their greater Landlords for those Lands , which they had no right unto , as he made severe Laws for the regulation thereof . And in Declaratione Juris Regis in regno Scotiae protestavit se jus Coronae suae usque ad effusionem sanguinis defensarum ab quem Rex illo Anno omnia Monasteria Angliae , Scotiae , & Walliae perscrutari faceret , ad dignoscendum quale jus posset sibi competere in hac parte & repertum est in Chronias mariani , Scoti , Willielmi de Malmesburia , Rogero Hoveden , Henrici de Huntingdon , Radulphi de Luzeto , ( or diceto ) quod Anno Domini non gentesimo decimo Rex Edwardus subegit sibi Regis Scotorum & Cambrorum , Item ibidem que Anno domini non gentesimo vicesimo primo praedictae gantes Eligerunt sibi Edwardum praedictum in Domium & patroum , Item ibidem Anno Domini nongentesimo vicisimo Sexto Rex Angliae Adolstanus denirit Regem Scotiae , Cententium , & iterim sub se permisit Regno , Item Edradus frater Adolstani Rex Angliae dericit Sates & norhambro , qui se submiserunt , ei & fidelitatem Juraverunt , Item ibidem Edgarus Rex Angliae superavit Renadum , filium Alpini , Regem Scotorum , Et ex tunc factus est Rex quatuor regnium , scilicet Angliae , Scotiae , Daciae , & Norwegiae , Item sovetus Edwardas regum Scotiae dedit Malcolmo filio Regis Cumbrorum de se tenendum , Item Willielmus Bastard Anno regni sui Sexto vicit Malcolmum . Regem Scotiae , & accepit ab eo Sacramentum fidelitatis . Caused special Commissioners from Scotland to attend him , and the Lords of England in Parliament about setling the peace and Military affairs in Scotland , where it was assented to , by the King that a Parliament should be called in Scotland by the Kings Writ out of his Chancery there , in which Parliament the commonalty of that Kingdom should elect Ten Persons for themselves to come to the King and his Parliament at London pro tota communitate terrae Scotiae , the Scots Commissioners Petitioning the King that those ten Persons might have their Costs and expences to be leavied by two or three lawful men specially to be elected by the Commons , by the view and advice of the Guardian and Chamberlain of Scotland which the King granted with an order that duo legales homines citra mare Scotiae & duo legales homines ultra mare Scotiae eligentur ad hujusmodi expensas assidendas & levandas per visum & concilium custodis regni Scotiae & Camerarii ; wherein as Mr Pryn well observeth they were not to be as sitting Voting Members , but as Proxies and Commissioners to Treat with the King and English Parliament concerning Scottish affairs only . And so great Regard was had to the words and Testimony of this great Prince , as it was in his time not denyed to be law , that Ordinatio ( Meaning an award or something acknowledged in the King's presence , & per ipsum Regem affirmat ) Majorem vim hahere debet quam finis in Curia sua coram Justiciariis suis levatus . Agreeable to which was the Opinion of the Judges also in his time in these words , videtur concilio Regis quod Dominus Rex a quo omnes ministri sibi Subiecti habeant recordum est Superlativum & Magis arduum recordum & super omnes ministros suos & processus & recordum praecellens , & not at all disagreeing with the great reverence and Regard which the good Subjects of this Kingdom have never failed to give unto the hands and great Seals of their King's and Princes which by many inspeximus's have made a record that was so Obliterate and Unintelligible as it was no Record before , and given a New life and Resurrection to many a Custome , Right , and Liberty , which otherwise would have been lost and buried in the Rubbidge of time . Commanded the Sheriffs of Lincoln to leavy the expences of the Knights of that Shire in eundo , morando , & redeundo de mandato suo venientibus prout aliis in casu consimili consuevit . Punished by his Justices of his Bench William de Brewse a great and powerfull Baron for giving Reproachfull words to Roger de Hengham a Baron of the Exchecquer , after he had there given a judgement against him , and followed him as he was going from the Court , and reviled him with gross and bitter words ; who in those times were frequently in their records said and understood to be de concilio Regis , and ordered that the said William de Brewse should go without his sword ( a very great dishonour to a Baron ) bareheaded a banco ipsius Domini Regis ubi placitr tenentur in aula Westmonaster . per medium aulae praedictae cum curia plena fuerit usque ad Scaccarium & ibidem veniam petat a praefato Rogero ut gratiam sibi faciat de dedecore & transgressione sibi fact . & postea pro contemptu facto Domino Regi & curiae suae Commirtatur turri ( London ) ibidem moraturus ad voluntatem Domini Regis . Was so carefull of his Superiority and Jurisdictions as he would not suffer either it or his Justice to be sullied in the administration or execution thereof , as in the case betwixt the Pryor and Bishop of Durham in the 34th Year of his Reign he caused an Information to be brought in his Court of King's Bench against the Bishop for that he had Imprisoned his Officers or Messengers for bringing Writs into his Liberty and that the Bishop had said that nullam deliberationem de eisdem faceret sed dixit quod caeteros per ipsos castigaret ne de caetero litteras Domini Regis infra Episcopatum suum portarent in laesionem Episcopatus ejusdem ; in the entring up of which Information , Plea and Judgement thereupon , the record saith quia idem Episcopus cum libertatem praedictam a Corona exeuntem & dependentem per factum Regis in hoc minister Domini Regis est adea quae ad Regale pertinet infra eandem libertatem loco ipsius Regis modo debito conservanda & exequenda ita quod omnibus & singulis ibidem justitiam exhibere & ipsi Regi ut Domino suo & mandatis parere debeat prout tenetur licet proficua & expletia inde provenientia ad usum proprium per factum praedictum percipiatur . Wherein the Judges and Sages of the Law ( as in those ancient times they did frequently in matters of great Concernments ) have given us the reason of their Judgement in these words , Cumpotestas Regia per totum regnum tam infra libertates praedictas quam extra se extendant videtur Curiae & toti concilio Domini Regis quod hujusmodi imprisonamenta facta de his qui capti fuerunt occasione quod brevia Domini Regis infra libertatem praedictam tulerint simul cum advocatione & acceptatione facti & etiam dictis quae idem Episcopus dixit de castigatione illorum qui brevia Regis ex tunc infra libertatem suam portarent manifeste perpetrata fuerunt . Et propterea ad inobedientiam & exhaereditationem Coronae , & ad dimunitionem dominii & potestatis Regalis ideo consideratum est quod idem Episcopus libertatem praedictam cujus occasione temerariam sibi assumpsit audaciam praedictae gravamina , injurias , & excessus praedictos perpetrandi & dicendi toto tempore suo amittat , cum in eo quo quis deliquit sit de jure puniendus & eadem libertas capiatur in manus Domini Regis , & nihilominus corpus praedicti Episcopi Capiatur . And that often distressed prudent Prince was so Unwilling to forsake the old Paths of Truth and the good ways and Rules of the English , in their great Councels for Extraordinary affairs , wherin a long and very Ancient Gray headed series of his Royall Ancestors had untill the aforesaid Imprisonment of his Father , constantly and successively walked , did Resolve as long as he could to continue therein ; Insomuch as 3. E. 1. Indictum est Parliamentum Londoniis ubi Leolinus princeps Walliae being summoned to come to do his Homage , pretended that he durst not come without hostages , which the King taking ill , refused to give , sed tamen dissimulato negotio inceptum Parliamentum consummavit , post Parliamentum vero Rex raised an Army to subdue him , & hoc Anno solvit populus Regi quinto decimam bonorum quae patri suo dicebatur praeconcessa . Anno. 5. E. 1. in subsidium guerrae Wallensis concessa est Regia populo vicesima pars bonorum . Anno 6 tenuit Parliamentum Gloverniae in quo edita sunt Statuta quae Gloverinae appellantur , and it appeareth by the Act of 7. E. 1. that the Prelates , Earls , and Barons were present at the making thereof . 2. E. 1. Habitum est Parliamentum Salopiae in quo per deputatos ad hoc Justiciariis , David the Brother of the Prince of Wales , sine condemnatus tractus & suspensus , Eodem Anno tenuit Rex Parliamentum apud Acton Burnell ubi editum est statutum quod a loco cognominatum est . 18. E. 1. Upon the death of Margaret daughter of the King of Norway by the daughter of Alexander King of Scotland ad quam jure haereditario defuncto avo patruo & matre regnum Scotiae devolvi debebat & quis fuit justus haeres Scotiae apud omnes in dubium vertebatur , and there being many competitors , amongst which there were of the English Baronage Johannes de Hastings , Dominus Abergavenny , Johannes de Vescy , vice patris sui , Nicholaus de Sules , & Willielmus de Ros , and the Pope claiming the superiority and the determination of the Title . Eodem Anno post Pascha Rex Angliae Scotiam apprcpinquans Parliamentum tenuit apud Northumbr . ubi consultis Praelatis ac utriusque juris peritis ( wiser and fitter men then Common people use to be ) revolutisque priorum temporum Annalibus and the memorialls of the Abbies and Monasteries vocari fecit Praelatos & Majores Regni Scotiae & corameis in Ecclesia parochiali de Northumbr . jus suum in superius dominium Regni Scotiae fideliter declaravit petivitque ut haec recognoscerent protestando se jus Coronae suae usque ad effusionem sanguinis suae defensurum . And the Kings Right and Superiority being fully evidenced , all the pretenders to that Crown did under their Hands and Seals not only acknowledge his Superiority , but that they would hold that firm and stable , which he should declare therein , and yeild the Kingdom to such as he should adjudge , which no where appears to have been done by the consent of the Common people of England , and Scotland , and was of the greatest concernment to those of Scotland . And in another Charter of the same date declaring Cum autem non possit praefatus Rex Angliae isto modo cognitionem facere , nec complere sine judicio nec indicium debeat esse sine executione nec executionem possit debito modo facere sine possessione & seisina ejusdem terrae & Castrorum , did deliver seisin to the King , as the Supream Lord , untill the Right should be determined . Ita tamen that before the seisin taken he should give good Security to deliver it back to such as should be adjudged to have Right to the Kingdom of Scotland , cum tota Regalitate , dignitate , dominio , libertatibus , consuetudinibus , Justiciis , legibus , usibus quibuscunque cum pertinentiis in eodem Statu &c. So as an account and Restitution be made within 2 Months after , to those that should be adjudged to have Right unto that Kingdom , of the issues and profits thereof salvo Regi Angliae homagio illius qui Rex erit . Quo facto , although Ericus King of Norway did at the same time by his Attorneys or Procurators appear coram concilio Regis Angliae with his Commission omnibus inspecturis to claim 100000l , Sterling a penalty for not admitting the said Margaret his daughter to be heire to the Kingdom of Scotland , and 700 marks per Annum dowry which he gave with her &c. who being heard and severall days given , and refusing ulterius prosequi , post diligentem hujus negotii disquisitionem inter caeteros ( competitores ) de assensu communi Rex Angliae ( without any license or confirmation of his Parliament ) post varias disceptationes vendicantium regnum illud adjudged it to John de Baylioll , as descended from the Eldest Daughter of David King of Scotland , excluso Roberto de Brus , who claimed from a younger , received his homage and fealty and caused him to be Crowned , sitting super lapidem Regalem , said by these people to have been the Stone , upon which Jacob Slept , when he journeyed from Barsheba to Aran. About the same time 200 Ships or Barks of Normandy , sailing homewards with Wines from Gascony , & Domineering as if sibi solis maris cessisset libertas , they were by 60 English Ships taken , and 15000 of their men slain , and the King of France by his Embassadours demanding Satisfaction , or to have the matter determined in his Court in Gascony , being of a very great concernment to the English Nation ; the King deliberato habito concilio sending the Bishop of London , adjunctis sibi aliis viris prudentibus to the King of France , & suo concilio , offered that if any found themselves aggrieved , they should upon a safe conduct come for Justice ad Curiam suam quae nulli subjecta fuit ; whereupon a great contention arising betwixt the two Kings , and the King of France seising divers Castles of the King of England in Gascony , and citing him personally to appear at his Court at Paris to answer for that transgression , which being upon a safe conduct performed , and a peace thereupon concluded , and that shortly after cavilled at by the King of France . The King in the 22 year of his Reign convocato Londoniis Parliamento cui Johannes Rex Scotorum interfuit being in the same year and Parliament to which he had by his writs caused some of the Commons of England to come to assent unto what should be there ordained de concilio Praelatorum & Procerum consentium ( without any mention of the Community ) agree that terram sub-dole ablatam recuperandam fore gladio . And thereupon the King ( not the Parliament ) sent his Embassadours again unto the King of France , and declared that since he had Violated the Leagues and Agreements made betwixt them and their Royall Progenitors , Non videbatur sibi ( his great Councel and Parliament not being at all named ) quod ipsum Regem Angliae ducemque Aquitaniae hominem suum reputabat , n●c ipse homagio suo astringi ulterius intendebat . And mandavit Justic. suis hic breve suum patens in haec verba , Edwardus Dei Gratia Rex Angliae , Dominus Hiberniae , & Dux Aquit : Dilect . & fidelibus suis , Rogero de Hengham , Petro Malorre , & Roberto de Recford salutem , sciatis quod assignavimus vos vel duos vestrum quos presentes esse contigerit Justic. nostros ad inquirend . per Sacramentum tam militum quam aliorum proborum & legal . hominum de Civit , nostra London & Comitatibus Kanc. Surr. Sussex & Midd. per quos rei veritas melius sciri poterit de Malefactoribus & pacis nostrae perturbatoribus , homicidia , depredationes , incendia & alia dampna quam plurima nocte dieque perpetrantibus & eorum scienter Receptatoribus & eis Consentientibus vim & auxiliam praebentibus seu dictas transgressiones fieri procurantibus & praecipientibus & etiam ad inquirendum de illis qui pro muneribus suis pactum fecerunt & faciunt cum malefactoribus & pacis nostrae perturbatoribus & eos conduxerunt & conducunt ad verberand . vulnerand . maletractand . & Interfi●iend . plures de Regno nostro in feriis mercatis & aliis locis in dict . Civitate & Comitaribus pro Immicitia , invidia , malitia , ac etiam pro eo quod in Assisis Juratis recogn ; & Inquisitionibus factis de feloniis positi fuerunt & veritatem dixerunt unde per Conductionem hujusmodi malefactorum Juratores Assisar . Jurator . recogn . & Inquis ; illarum prae timore dictorum malefactor . & eorum minarum sepius veritatem dicere seu dictos malefactores indictare minime ausi fuerunt & sunt , & etiam ad . Inquirend . de illis qui hujusn odi munera dederunt dant & quantum & quibus & qui hujusmodi m●nera receperunt & recipiunt , & a quibus , & qualiter , & quo modo , & qui hujusmodi malefactores in malicia sua fovent , mitriunt , & manutenent , in Civitate & Comitatibus praedict . & etiam de illis qui ratione potestate & Dominii sui aliquos in eorum protectionem & advocationem pro suo dando susceperunt & adhuc suscipiunt , & de illis qui pecuniam vel aliud quodeunque ab aliquo per graves minas ei factas maliciose extorserunt & de Conspiratoribus & hiis qui malas confederationem faciunt seu fecerunt & de malefactoribus in parcis & vivariis & ad felonias & transgressiones praedictas audiendas & terminandas secundum legem & Consuetudinem Regni nostri & Juxta ordinationem per nos & Consilium nostrum in Parliamento nostro factam & etiam ad omnes Assisas Juratas & certificationes coram quibuscunque Justic. nostris in praedict . Com. Kan● . Surr. Sussex & Midd. arrainiatis & arrainiandas quamdiu vos vel duo vestrum in Comitatibus illis pro negotiis praedictis morari contigerit capiendas & etiam ad gaol●● nostras in Civitate & Com. praedict . tam de prisonib●● Captis pro suspicione feloniae vel mali , licet prius inde non fuerint indictati , quam de aliis prisonibus quotiens vos ad patres illas adesse contigerit deliberandas secundum legem & Cons. Regni nostri , Et ad inquirend . si Statutum nostrum edictum de aquis in quibus Salmones capiuntur positis indefenso , & Statutum nostrum Winton . & etiam mandatum nostrum de suspectis arestand . & Capiend . in singulis suis Articulis teneantur , nec ne & si non teneantur , ●unc qualiter infringuntur & per quos , Et si Ballivos alliquos infra libertatem vel extra , seu ministros nostros inde Culpabiles inveneritis , eos postquam inde convicti fuerint dimittatis per bonam & sufficientem manucaptionem essendi coram nobis ad certum diem eis per vos praefigendum , & Recordum & premissum inde coram vobis habita tunc nobis sub Sigillo unius vestrum m 〈…〉 atis & omnes alios de quibus vobis constare poterit quod contra Statuta nostra venerint , taliter per paenas in Statutis illis ordinatas vel alio modo in Casu quo penae in eisdem Statutis non est ordinat , castigetis ; quod paena unius sit Castigatio aliorum , Et ideo vobis mandamus , quod ad certos dies & loca quos vos vel duo vestrum ad hoc provideritis omnia praemissa expleatis in forma predicta , facturi inde quod ad Justic. pertinet secundumlegem & Coas . Regni , salvis nobis amerciamentis & aliis ad nos inde spectantibus , mandamus enim Vicecomitibus nostris London & vic . nostris Com. predictorum quod ad vos dies & loca quos vos vel duo vestrum ei scire facietis , predicti vic . nostri Civitatis predictae omnes prisonae gaolarum ejusdem Civitatis , & eorum attach . et tot et tales tam milites quam alios probos & legales Homines de ipsa Civit. Et predicti vic . predictorum Com. Assisas , Jurates , Certificationes illas cum brevibus originalibus , & omnes prisones gaolarum dictorum Com. & eorum attach . & tot & tales tam milites quam alios probos & legales Homines de Com. predictis , per quos rei veritas in premissis melius sciri poterit & inquiri , coram vobis ven . fac . In Cujus rei testimonium has literas nostras fieri fecimus pat . T. mei ipso apud Laureto xxi die Februarii Anno Regni nostri xxxv . which Walsingham an Authentique writer of those Times calleth a Troil Baston or the modern French Ottroy le Baston or a Commission to enquire of notorious Offences and Offenders and punish them . And in the making of his Laws and Act of Parliament did not omit the right use of his Power and Authority when in the 3 Year of his Reign in an Act of Parliament that the Peace of the Church and the State should be maintained , he did Will and Command that Religious Houses be not overcharged . In an Act of Parliament made in the same Year that a Clerk convict of Felony delivered to the Ordinary should not depart without Purgation , it is said to be provided , and in the perclose , so that the King shall not need to provide any other Remedy . And in some other Acts made in the year it is agreed ; and In another Act of Parliament that elections ought to be free , the King commandeth upon great forfeitures , that no man , nor other by force of Arms , by Malice , or Menacing , do disturb any to make free elections . That amerciaments shall be Reasonable , and according to the offence ( wherein Cities , Boroughs , and Mesne Lords were concerned as well as himself . ) Concerning the Punishment of Ravishers of Women , the King Prohibiteth . Concerning Appeals to be against the principall and accessory , it is provided and commanded by the King. The like in Ca. 15. What persons be mainprisable and who not , and the penalty for unlawfull Bailment ( those that were taken by the Commandment of the King , or of his Justices , or of the Forest being not Bayleable . ) Concerning the penalties of a Sergeant or Pleader committing Deceipt , the King commandeth that such things be no more done from henceforth . And if any Officer of Fee doth it , his Office shall be taken into the Kings hands . It is provided and agreed that the King of his Office shall from henceforth grant attaints upon Enquest in Plea of Land or Freehold . In the several limitations of prescription in severall Writs which might be to many very prejudicial , it was in like manner provided that in a Writ of right none should presume to declare of the seisin of his Ancestor further or beyond the time of King Richard the 1st , Writs of Partition and Novell Desseisin of the first voyage of King Henry Father of the King into Gascoigne , Writs of Mort d' Auncestor , of Cosinage , Ayel , et Nuper obiit of the Coronation of the s●id King Henry , and not before . That one plea shall be decided by the Justices of the King's Bench , before another be commenced , it is provided also and commanded by the King. In an Act touching the Tenants plea in a Writ of Dower , and at what time Assizes shall be taken , it was declared , that forasmuch as the King hath ordained those things unto the honor of God and Holy Church , and for the Common-Wealth and remedy of such as be grieved , he would not that at any other time it should turn into prejudice of himself or of his Crown , but that such right as appertains unto him should be saved in all points , and forasmuch as it is great Charity to do right unto all men at all times when need should be , it was provided by the assent of the Praelates that Assizes of Novell Disseisin , Mortd auncestor , and Darrein presentment should be taken in Advent Septuagesima and Lent , even as well as Enquests may be taken , and that at the Speciall request of the King made unto the Bishops . In the 4th Year of his Reign caused an Eatenta Maneriorum or Survey ( as to his particular Royal Revenue much like unto that of William the Conquerors ) of his Castles , Houses , Buildings , Demesne-Lands , Copyhold , Commons , Parks , Forests , Woods , Asserts , Tenants , Cottages , Pleas , and Perquisites of the Counties , Churches , and the values thereof , and of Heriots , Fairs , Markets , Escheats , Customs , Rents , Services , Fishings , Freeholders , Woods , Rents of Assize , Tenures in Soccage , or by Knights-Service , Forreign Works , and Customes , Perquisites of Courts , Fines , and all other Casualties . Declared by a Statute de Officio Coronatoris , the Duties of a Coroner , and enquiries to be made by them . In the matter of Bigamy published and declared certain constitutions before him and his Councel , and commanded them to be stedfastly Observed in the presence of certain Reverend Fathers , Bishops of England , and others of the Kings Councel , to which the Justices as all the Kings Councel did agree . Cap. 1. In what Cases aid shall be granted of the King , in what not , it is said , that it is agreed by the Justices and other Learned men of the Kings Councel of the Realm , which heretofore have had the rule and practise of Judgments , that where a Feoffment was made by the King with a Deed thereupon , if another person by a like Feoffment and Deed be bound to Warranty , the Justices could not heretofore have proceeded any further , neither yet do proceed without the Kings Command . And it seemeth also they could not proceed in other cases , wherefore they shall not surcease by occasion of any Grant , Confirmation , or Surrender , but after advertisement made thereof to the King , they shall proceed without delay . Ca. 4. Concerning purprestures upon the Kings Lands to be reseised . If any do complain of such Reseisins , he shall be heard as right requireth . 6. E. 1. In an Act concerning a man killing another in his own defence , or by misfortune , it is said , the King commanded . In Ca. 10. that the husband and wife being impleaded shall not fourch by Essoin , that act of Parliament is said to be the Statute of the King. In the same year an Exposition and alteration of the Statute of Gloucester in divers articles and points was made by the King and his Justices , by the Kings Letters-Patents dated at Gloucester . In the foregoing statutes or Articles whereof videlicet ca. 1. it is said to have been provided in ca. 3. Established the like in Ca. 4. in 5. and 6. provided , and the like in the 8. and the offenders shall be greivously amerced to the King. In the Statute of Gloucester , ca. 14. where it is ordained , that a Citizen of London shall recover in an Assize damages with the land , it is said the King of his speciall grace granteth , and the Barons of the Exchequer and Treasu●er shall be commanded . And in severall statutes and Articles there made , did afterwards by the advice of his Justices make in some of them divers expositions , alterations and additions in several materiall parts or Points . 7. E. 1. by his Writ directed to the Justices of his Bench , Signified that it was accorded , that at the next Parliament by the councell and assent of the Prelats , Earls , and Barons , provision should be made that none should come to Parliaments , Treaties or Assemblies with force and arms , and in the next Parliament after the said Treaty , the Prelates , Earles , Barons , and the Commonalty of the Realm ( Comprised in the Votes and suffrages of the Prelats Earls and Barons ) there assembled to take order of that business , have said , that to the King it belongeth , and on his part it is through his Royall Seigneury Strictly to defend by force of armour and all other force , against his peace , at all times , when it shall please him , and to punish those which shall do contrary according to the Laws and Usages of the Realm , and hereunto they are bound to aid him , as their Sovcreign Lord , at all seasons , as need should be , and commanded the same to be read before him in his Bench , and there enrolled . In the Statute of Mortmaine made in the same Year , that no Lands should be aliened in Mortmaine upon pain of the forfeiture thereof , it is mentioned , that the King for the profit of his Realm , minding to provide a convenient remedy by the advice of his Prelates , Earls , Barons , and others of his Subjects being of his Councel , hath provided and ordained , &c. 10. E. 1. in the Statute of the Exchecquer , touching the recovery of the Kings Debts , the King by his Writ directed to the Treasurer , Barons , and Chamberlains of the Exchecquer for the Indempnity of him and his People , Willed and Provided . Anno. 1● . E. 1. in the Statute of Acton Burnell made for recovery of Debts , the King for himself and by his Councel hath Ordained and Established . In the Statute of Entails that the Will of the Donor should in all things be performed , Ca. 1. ( which was of a grand Concern to all the Nobility , Gentry , and Freeholders of England in their Dignities , Families , Lands and Estates , and the transmitting them to Posterity ) it is said , wherefore our Lord the King perceiving how necessary and expedient it should be to provide remedy , hath ordained . In Ca. 3. where a cui in vita shall be granted , and a Wife , or he in reversion received , the King hath ordained . Ca. 6. Where a Tenant Voucheth , and the Vouchee denyeth the Warranty , the King hath ordained . Ca. 9. Entituled in what case the Writ of Mesne is to be pursued , it is said in the perclose , that for certain causes , Remedies are not in certain things provided , God willing , there shall be at another time . Ca. 10. Providing at what time Writs shall be delivered for suits depending before Justices in Eyre , the parties may make Generall Attorneys , it is said , the King hath ordained . Ca. 14. Concerning Process to be made in wast , our Lord the King from henceforth to remove this error hath ordained . Ca. 24. For the granting of Writs of Nuysance quod permittatis in consimili casu , where the King ordaineth ( for which by no ground or colour of reason it is otherwise to be understood ) that whensoever from thenceforth it should fortune that in Chancery ( which is no body's Court but the Kings ) a like Writ is found , and in another case falling under the like Law a like remedy is not found , the Clerks of the Chancery shall agree in making the Writ , or the Plaintiffs may adjourn it untill the next Parliament , and let the cases be written in which they cannot agree , and let them referr themselves untill the next Parliament by consent of men learned in the Law ( which could not in those times be understood as of the Members of the House of Commons , none of them being then chosen or Summoned to give their consent in Parliament . Ca. 25. In the Act of Parliament entituled of what things an Assize shall be certified . It is said , that forasmuch as there is no Writ in the Chancery whereby Plaintiffs can have so speedy remedy by a Writ of Novell Disseisin , our Lord the King willing that Justice may be speedily , ministred and that delays in Pleas may be taken away or abridged , granteth , &c. And our Lord the King to whom false exceptions be odious hath ordained , &c. The like words of the King 's granting and ordaining are to be understood in the Chapters immediately following , viz , Ca. 26. 27. 28. 29. and 30. In that of 13. E. 1. ca. 30. The two Knights of the Shire are changed by length of time or some other causes , into those which are now called Associates , and are indeed but the enrolling Clarks , which by that Statute are allowed the Justices in their Circuits , as they have used to have in times past . Were not Knights of the Shire Elected for an House of Commons in 29. E. 1. ca. 5. the King willeth that the Chancellor and Justices of his Bench shall follow his Court , so that he may at all Times have some near unto him which be learned in the Laws , and be able to order all such matters as shall come unto the Court at all Times when need shall require . And the like that the King ordained and willed is to be understood in the chapters or articles 31. 32 33. In that of 32. where it is mentioned , and so the Statute is defrauded , it is said our Lord the King hath ordained and granted . Ca. 39. Concerning the manner of Writs to be delivered to the Sheriffs to be executed it is said , that our Lord the King hath provided and ordained , &c. And the King hath commanded that Sheriffs shall be punished by the Justices for false Retornes once or twice if need be . Ca. 41. entituled contra formam collationis , which was of great concernment in their lands and estates , and also as they then thought in matters of provision for the souls of their parents , Ancestors , and near relations it is said our Lord the King hath Ordained . In ca. 42. appointing the several fees of Marshall , Chamberlains in fee , Porters of Justices in Eyre , &c. which was of great Importance to many , it is mentioned that our Lord the King hath caused to be enquired by an enquest what the said Officers of fee used to have in times past , and hath ordained and commanded that a Marshall in fee , &c. which was then Roger Bigod Earl of Norfolk , a man of great power and authority ; it is in like manner Ordained . Ca. 43. That Hospitalers and Templers ( which were a part of the People then of great Estates , Power , and Authority in the Kingdom ) shall draw no man in suite , &c. it is said to have been prohibited , and the King also prohibiteth . Ca. 44. Setling the Fees of Porters bearing Virges before the Justices , &c. it is said , be it provided and ordained , and the King chargeth his Justices . In the Statute of Winchester made in Anno. 13. E. 1. that fresh suit shall be made after Felons from Town to Town , our Lord the King to abate the Power of Felons , hath established a pain in that case . Ca. 2. Where the County shall answer for the Robbery where the Felon shall not be taken , which though it was an excellent Law and ever since put in execution , might upon the first impression seem to bear hard upon the People , that they not committing the Crimes should be responsable in their Purses and Estates for it , the preamble saith likewise , our Lord the King hath Established . Ca. 3. Respiting that Act until Easter then next nsuing , it is mentioned that forasmuch as the King will not that his People should be suddenly impoverished by reason of the penalty , which seemeth very hard to many , the King granteth that they shall not incurr immediately , but it should be respited untill Easter next following , within which time he may see how the Country will order themselves & whether such felonys do cease . After which time let them all be assured , that the aforesaid Penalties shall run generally , that is to say , the People in the Country shall be answerable for Felonies & Robberies done amongst them . In an Act of Parliament at what time the gates of great Towns shall be shut , and Night-Watches begin and end , it is said the King commanded . For the breadth of High-ways leading from one Market-Town to another , it is said , and further it is Commanded . In the Act of Parliament that every man should have Armour in his house according to his ability , it is said , and further it is commanded , and the Justices assigned shall present in every Parliament unto the King , such defaults as they shall find , and the King shall provide remedy therein . In the Statutes of Merchants made in the same year wherein the form of a Statute Merchant is appointed , it is recited that the King and his Councel at his Parliament holden at Acton Burnell in the 11th year of his Reign hath ordained . In the Statute of Circumspecte Agatis , the King only saith , Use your self circumspectly , concerning the Bishop of Norwich and his Clergy . In the Statute of Quia Emptores terrarum made in the 18th of his Reign it is said our Lord the King in his Parliament at the instance of the great men of the Realm hath granted , provided and ordained that the Feoffees or Alienees shall hold of the chief Lord of whom the Lords were holden . Ca. 2. If part of the lands be sold it is to be apportioned , and it is , to wit , that this Statute extendeth , but only to lands holden in fee simple , and for the time coming , and is to take effect at the Feast of St. Andrew next . In the Statute of Quo Warranto liberties are holden , our Lord the King of his especial grace , and for the affection which he beareth unto his Prelates , Earls , and Barons , and other of his Realm hath granted . In a 2d Statute of Quo Warranto to the same Effect hath Established . In the Statute de modo levandi fines it is to be noted , that the order of the Laws will not suffer a finall accord to be leavyed in the Kings Court without a Writ Original . In the Statute of Vouchers made in the 20th Year of his Reign , Our Lord the King by his Common-Councell hath ordained . In another of the same year concerning wast committed by Tenant for life , Our Lord the King hath ordained . In the Statute de defensione juris , Hath ordained , and from henceforth commanded . In a Statute de non ponendis in Assisis made in the 21st year of his Reign , Our Lord the King hath ordained . By an Act of Parliament made in the same year de malefactoribus in parcis , Our Lord the King hath granted and commanded . In the Statute or Act of Parliament de Consultatione , made in the 24th Year of his Reign Willeth and commandeth . In the Confirmation of the great Charter , and the Charter of the Forest in the 25th Year of his Reign Granteth and Willeth . In Ca. 2. That Judgements given against them should be void it is said We will. The like in Ca. 3 and 4. In Ca. 5. We have granted . In Ca. 6. That the King or his Heirs will for no business whatsoever take aids or prizes , but by consent of the Realm , and for the Common profit thereof , saving the Ancient aids and prizes due and accustomed , it is said , Moreover we have granted . In Ca. 7. for a release of Toll taken by the King for Wool , without consent as aforesaid , saving the custom of Wools , Hides and Leather granted by the Commonalty , it is said , that the King at their request hath clearly released and granted . The King hasting into Flanders to aid his Confederate the Earl thereof , against the Continued envy , malice , and designs of the King of France his malignant Neighbour , constituted ( without License of Parliament ) his Son Edward then being under age the Custos or Guardian of the Kingdom , and appointed Richard Bishop of London , William Earl of Warwick , nec non & milites Reginaldum de Gray , Johannem Gifford & Alanum Plukenet viros emeritae militae , providos & discretos to be his Assistants and Councellors , who in the Kings absence with much ado , and with nullam aliam sentire vellent , obtained a Peace to be made with the Earl of Hereford and Earl Marshal , that the King should confirm the great Charters with the aforesaid Articles added in the 2. 3. 4. and 5. of that Parliament , and to the 6. of Nullum Tallagium , but by the consent of the Realm , and for the Common profit thereof , saving ut supra , releasing the Tolls of Wool. Which being sent unto the King were returned sub sigillo suo tanquam , saith the Historian , ab eo qui in Arcto positus erat cedendum malitiae temporis censuit , upon the confirmation whereof the populus Anglicanus concessit denarium nonum bonorum suorum . But the King being returned in the 26th Year of his Reign was pressed in Parliament by the aforesaid Earls , the Constable & Marshal , because the Charters were confirmed in a Forreign Country , to do it again , for that the Bishop of Durham and the Earls of Surrey , Warwick and Gloucester , had promised , that obtenta victoria against the Scots , he should post ejus reditum do it , and in the 27th Year of his Reign , being again in a Parliament holden in London , urged by the said Earls to do it , post aliquas dilationes , was willing to do it with an addition of Salvo jure Coronae , with which the Earls being displeased and leaving the Parliament , revocatis ipsis ad quindenam Paschae ad votum eorum absolute omnia sunt concessa . Which begot the Statute said in the printed book of Statutes published by Mr Poulton to be incerti temporis . E. 1. but it is to be beleived for the Reasons aforesaid to have been made in the 27th year of his Reign in those only words , that no Tallage or Aid shall be taken or leavied by us or our heirs in our Realm , without the good-will and assent of Arch-Bishops , Earls , Barons , Knights , Burgesses , and other Freemen of the Land. In the Statute of Wards and Reliefs 28. E. 1. Who shall be in ward , and pay relief , which seemeth to be a declaration of the King alone , being for the most part of matters concerning himself , and his undoubted casuall revenue , it is to Wit when in the Statute immediately following touching persons appealed , it is said , the King hath granted , ordained , and provided . In the Statute called Articuli super Chartas , ca. 1. in the confirmation of the great Charter and the Charter of the Forest , in the later end and close thereof are these words , viz. And besides these things granted upon the Articles of the Charters aforesaid , the King of his especial grace for redress of the grievances which his people hath sustained , by reason of his Wars , and for the amendment of their Estate , and to the intent that they may be the more ready to do him service , and the more willing to assist him in the time of need , hath granted certain Articles , the which he supposeth shall not only be observed of his Leige People , but also shall be as much profitable , or more then the Articles heretofore granted . That none shall take prices , but the Kings Purveiors or their Deputies , it is said to be Ordained with a Nevertheless the King and his Councell do not intend by reason of this Estatute to diminish the Kings right , for the ancient prizes due and accustomed , as of Wines , and other goods , but that his rights shall be saved unto him whole , and in all points . Declaring of of what things only the Marshall of the King's House shall hold plea , &c. It is Ordained . And in Another Act Entituled , Common Pleas shall not be holden in the Exchequer , it is said , moreover no Common Pleas shall from henceforth be holden in the Exchequer contrary to the form of the Great Charter . That no Writ concerning the Common Law shall be award under any Petit Seal . The authority of the Constable of the Castle of Dover touching hold pleas and distresses . That the Inhabitants of every County shall make choice of their Sheriff being not of Fee , it is said , that the King hath granted to his people that they shall have Election of their Sheriff in every Shire where the Shrievalty is not of Fee , if they list , which would have been very prejudicial both to the King and his people , as to the collecting of his revenue , and Executing his Justice by his Mandates , Writs , and Process , if the confirmation , allowance , or disallowance thereof had not been by Law lodged in the King and his Supream authority . What persons shall be returned in every Jury , the King Willeth and Commandeth . For a remedy against Conspirators , False Enformers , and Embracers of Juries , the King hath provided a remedy . Against Mainteynors of Suits , it is said , the King willeth , but it may not be understood hereby that any person shall be prohibited to have Councel of Pleaders , or of Learned Men in the Law for his Fee , or of his Parents or next Friends . What distress shall be taken for the Kings debts , and how it shall be used , the King willeth . What sort of Persons the Commons of shires shall chuse for their Sheriffs , forasmuch as the King hath granted , it is said , the King willeth . That Baylewicks and Hundreds shall not be let too dear to charge the people with contribution . In summons and attachments in plea of land , the writ shall contain 15 daies , it is in like manner to be understood . In like manner against false retornes of writs . The King willeth that the Statute of Winchester shall be read 4 times in the year , and put in execution . The King willeth that Escheators shall commit no wast in Wards lands . In an act of Parliament declaring in what cases the owner shall have his lands delivered out of the King's hands with the issues , it is said the King willeth . In an Act of Parliament that vessels of gold shall be assayed , it is said to have been ordained , and that notwithstanding all those things before-mentioned , or any point of them , both the King and his Councell , and all that were present at the making of that Ordinance ( meaning the Judges and Assistants of that Honourable Court ) will and intend that the right and prerogative of his Crown shall be saved to him in all things . In the Statute de Escatoribus 29. E. 1. at the Parliament of our Lord the King at Lincoln in his Councell , it was agreed and also commanded by the King Himself , and this order shall be held from henceforth in the Chancery notwithstanding a certain ordinance lately made by our Lord the King concerning lands , and tenements taken into his hands by his officers , and not to be delivered but by the King himself , and as it is conteined in a Certain dividenda or indenture made betwixt the King himself and his Chancelor , whereof one part remaineth in the Custody of the Chancelor . In the new Statute of Quo Warranto made Anno 30. E. 1. it is recited that the King himself in the 6 year of his Reign , providing for the wealth of his Realm , and the more full administration of Justice as to the Office of a King belongeth the more discreet men of the Realm , as well high as of low degree being called thither , it is provided and ordained ; but in the writs framed to enquire by what warrant the Liberties were granted to the people , they are said to be in Parliamento nostro per nos & concilium nostrum . 31. E. 1. In an ordinance for Measures , it is said , that by the consent of the whole Realm of England the King's measure was made . In the Statute of 33. E. 1. Touching protections , granted by the King , it is said to have been provided . In the ordinance or definition of Conspirators made in the aforesaid Year it is declared that this ordinance and final definition of Conspirators was made and aworded by the King and his Councell in Parliament . In the Statute of Champerty made in the 33d year of the Reign of the aforesaid King it is recited , that whereas in our Statute it was contained , and provided by a common accord , the writ framed thereupon mentioneth that law to be the Kings Ordinance . In the Ordinance for enquests made in Parliament the same year , it is said to have been agreed and ordained by the King and all his Councell . In the ordinatio Forestae made in the year aforesaid whereas certain people have by great men made request to our Lord the King that they may be acquitted of their charge , and the demand of the Foresters , our Lord the King answered that when he had granted Pour lieu , he was pleased it should stand as it was granted , albeit the thing was sued and demanded in an evill point . Nevertheless he willeth and intendeth that all his demeasne lands , which have been of the Crown or returned unto it by Escheat or otherwise shall have free chase and free warren and in right of them that have lands and tenements disafforested for the said Pourlieus , and such as demand to have Common within the bounds of forests the intent and will of our Sovereign Lord the King is &c. And if any that were disafforested would rather be in the Forest , it pleaseth the King very well and our Lord the King willeth and commandeth the Justices of the Forest , &c. In Anno 34. of his Reign there being an Ordinance for measuring of Land. In the same Year the King by his Letters-Patents with the Teste meipso certifying the Statute de Conjunctim Feoffatis declared that it was no new thing that among divers establishments of Laws which he had ordained in his time upon the great and heinous mischiefs that happen in Writs of Novel disseisin chiefly above others he ( as if he neither did know or believe any co-ordination , or that he was to be tutored by a Conservatorship ) had devised a more speedy remedy then was before , and willeth and granteth that that Statute shall take his effect the morrow after the feast of St Peter ad Vincula next coming . In the Statute for Amortising of Lands tempore E. 1. the King commandeth , &c. In Ca. 4. Which seemeth to be about the 27th Year of that Kings Reign in the confirmation of all our Laws , Liberties , and Customes it is said that the King willeth and granteth , if any Statutes have been made or any customes brought in contrary thereunto , that such Statutes , and Customes shall be void for evermore . And for the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall twice in the year cause to be openly read in their Cathedralls the said Charters and denounce curses against the willing infringers thereof , and the Archbishops , Bishops , &c. have voluntarily Sworn to observe the tenor thereof . In the ordinatio pro Statu Hiberniae made by him at Nottingham by the assent of his Councel there being in Ca. 6. in what cases the Justices of Ireland may grant pardon of Felony &c. and where not , there is an exception so always that there be no pardon or protection granted of those Felonies which shall be hereafter committed without the Special Commandment of us our selves . In the Ordinatio Forestae made in the 34th Year of his Reign the King ordained . The like in Ca. 2. That an Officer dying or being absent another shall be put in his place . That no Forester should be put in any Assize or Jury the King willeth . The like touching the punishment of Officers surcharging the Forest. The like for Grounds disafforested . Touching Commons in Forests and that the Justices of the Forest in the presence of the King's Treasurer , and by his assent may take fines , and amerciaments , it is said , the King willeth . In the Statute de Asportatis Religiosorum it being recited , that it came to the knowlege of our Lord the King by the grievous Complaints of the honourable persons Lords and other Noblemen , of this Realm that Monasteries and other Religious Houses founded by the King and his Royal Progenitors , and by the said Noblemen , and their Ancestors , and endowed with great portions of Lands , that the Abbots and Priors especially certain aliens Priors &c. have letten the said lands and laid great impositions and tallages thereupon , our Lord the King by the Councell of his Earles , Barons , great men , and other Nobles of his Kingdom ( no Commons ) in his Parliament hath ordained and enacted . That Religious persons shall send nothing to their Superiors beyond the Seas . That no Impositions shall be Taxed by Priors , Aliens , it is said , moreover our aforesaid Lord the King doth inhibit it . By whom the Common Seal of the Abbys shall be kept and how used , it is said , and further our Lord the King hath ordained and established . And though the publication and open notice of the ordinances and Statutes aforesaid were in suspence for certain causes since the last Parliament until this present Parliament holden at Caerlisle the Octaves of St Hilary in the 35 Year of the Reign of the said King , to the intent they might proceed with greater deliberation and advice , our Lord the King after full conference and debate had with the Earls , Barons , Noblemen , and other great men of his Kingdom ( no Commons ) touching the premisses by their whole consent and agreement , hath ordained and enacted , that the ordinances and Statutes aforesaid , under the manner , form and conditions aforesaid from the 1st day of May next ensuing shall be inviolably observed for ever , and the offenders of them shall be punished as is aforesaid . And so well did he and the Lawyers of that age understand the Originall , Benefit , and use of the Feudall Laws , the Ancient Honour , Glory , and Safety , of the English Nation , their Kings Princes and People , as he did , ( as the Learned and Judicious Dr. Brady hath asserted ) in and by the right of the Feudal Laws , and their original grant of the Fees ( without assent or advice of Parliament ) give license to their Tenants to Talliate , Tax , and take Scutage for ayd of performing the Knight or Military Service , incident or chargeable upon their Lands ; and likewise to Tenants ( otherwise employed by the King ) in Capite , though not in the Army to charge their Tenants with Scutage , warranted by the Writ following , in the 10th Year of his Reign directed to the Sheriff of Worcester in these words . Rex Vicecomiti Wigorn. salutem , Quia dilectus , & fidelis noster , Hugo le dispencer per praeceptum nostrum fuit cum dilecto consanguineo & fideli nostro , Edmundo Com. Cornub. qui moam traxit in Anglia pro conservatione pacis nostrae , Anno regni nostri decimo , nobis tunc existentibus in Guerra nostra Walliae , Tibi praecipimus quod eidem Hugoni facias habere scutagium suum in feodis militum quae de eo tenentur in balliva tua , videlicet quadraginta solidos de Scuto pro exercitu nostro praedicto , & hoc nu●latenus omittas T. Edmundo Comite Cornubiae Consanguine Regis apud Westm. 13 die Aprilis . Et Consimiles literae diriguntur vicecomitibus Leicest . Eborum , Lincoln . Suff. Wilts . South . Surr. Buck. Essex . North. Oxon , Berk. Norff. Staff. Rotel . & Justic. Cestr. And a Writ on the behalf of Henry de Lacy Earl of Lincoln , directed the Sheriff of York in the Words , Quia delectus & fidelis noster , Henry de Lacy , Comes Lincoln , non sine magnis sumptibus & expensis , ad Communem utilitatem regni nostri in obsequium nostrum per praeceptum nostrum , in partibus Franciae , pro reformatione patis inter nos & Regem Franciae , tempore quo Eramus in Guerra nostra Scociae Anno videlicet Segni nostri 31. Quod quidem obsequium loco servitii sui quod tunc nobis fecisse debuerat Acceptamus , tibi praecipimus quod eidem Comiti haberi facias scutagium suum de feodis militum quae de eo teneantur in balliva cua videlicet Quadraginta solidos de scuto pro Exercitu nostro praedicto , Et hoc nullatenus omittas Teste Rege apud Westm. 6. die Aprilis . Consimiles literas habet idem Comes direct . Vicecomitibus Warr. Bedford . Buck. Somerset . Dorset . Glouc. Norff. Suff. Hereford . Leic. Lenc . Notting . Derby . Northampton . Midd. Cantabr . Oxon. Berk. Another on the behalf of Henry de Percy in the form ensuing , videlicet , Rexvicecomiti Eborum salutem , Quia dilectus & fidelis noster Henricus de Percy fuit nobiscum per praeceptum nostrum in exercitu nostro Scotiae Anno Regni nostri 31. Tibi praecipimus quod eidem Henrico haberi facias Scutagium suum , de feodis militum que de eo tenentur in balliva tua , videlicet quadraginta solides de Scuto pro , Exercitu nostro praedicto , & hoc nullatenus omitas teste Rege , &c. Consimiles literas habet idem Henricus Vicecomitibus Lincoln . Derb. Notting . Cant. Hunt. Norff. Suff. Salop. Stafford . Consimiles literas habent Executores testamenti Johannis de Watrenna quondam Comitis Surr. defuncti , probably the same man that being called to an account , Quo Warranto he held many of his Liberties , is said over Sturdily to have drawn out or unsheathed an old broad Rusty Sword , and shewing unto the Justices Itinerants , instead of his Plea answered , by this which helped William the Conqueror to Subdue England , which so much incensed the King as he afterwards , as some of our English Annalists have reported at his return home caused him to be Besieged in his Castle at Rigate , untill in a better obedience to his Laws he had put in a more Loyall and Legall Plea. Had the like letters de Habend . Scutag . de feod . militum , quae de ipso Comite tenebantur die quo obiit in guerra Regis speciale direct Vicecomitibus Surr. Sussex , Essex , Hereff. Buck. Lincoln . Northampton . Ebor. by writ of privy seal . Consimiles literas habuit prior de Coventry qui finem fecit &c. direct . Vicecomitibus Warr. Liec . Northt . Glouc. Wigorn. Abissa Shafton qui fecit finem , &c. Habet Scutagium suum . But if aids and Scutage were assessed by Parliament the military Tenants were to be the only Collectors thereof . 35. E. 1. In the Statute Ne rector prosternat arbores in Caemiterio , it is said , that because we do understand that Controversies do oftentimes grow between Parsons of Churches and their Parishioners concerning Trees growing in the Church-yards , both of them pretending that they do belong unto themselves , we have thought it good rather to decide the controversy by writing then by Statute , and declaring them to be parts of the goods of the Church , the King did Prohibit the Parsons of rhe Church that they do not presume unadvisedly to fell them , but when the Chancel or the body of the Church wanted necessary reparations in which cases the Parsons of their Charity shall do well to relieve the Parishioners with bestowing upon them the same Trees , which he will not command to be done , but will commend it when it is done . So happy and ready was the obedience & better Wisdom of the Subjects of this Kingdom in the ancient and former Ages , when an agreement made before the King or his word was adjudged to have the power & force of a Fine , & any one of his Writs or Edicts wanted not the operation and efficacy in many things of an Act of Parliament or Statute , and so degenerate and unhappy are our present times as to suffer our interest and wrangling peevish disputes , to disobey or lay aside not only the King's mandates and edicts in the ordinary and necessary course of his Government , but in extraordinary and his Supream power in Parliament . Who was as well furnished with Common as he was with Civil Lawyers , which as a militia togata were as strong and impregnable forts and bulwarks to help to guard his Crown and Dignity , namely , Henry de Bracton , John de Breton , the sincere and upright John de Metingham , & Elias de Beckingham , together with Accursius Doctor utriusque Juris Civil and Canon Gilbert de Thorneton first his Attorney general , afterwards Chief Justice ad placita cor am Rege , Gilbert de Rowbery , Roger Brabazon and William Howard a Justice of the Court of Common Pleas , cum multis in legibus eruditis & side dignis as to this day it appeareth in the steddy and unarbitrary pleadings and Records of his glorious Reign . In whose Time it was not denied to be Law and Right Reason that that verificatio patriae Contra Chartam Regis non est admittenda . And did in the making of his Laws but imitate his great Ancestors . For King Ina who Reigned in Anno Domini 712. Conredi patris sui Heddae & Ercenwaldi Episcoporum suorum omnium senatorum suorum & natu majorum sapientum populi sui in magna servorum Dei frequentia who in his making of his Laws did believe it necessary in his Imprimis to use the word precipimus . King Alured who began his Reign in Anno Domini 871. made his Laws with a Proposuimus & esto and in those which were published by Johannes Bromp●on with a Praecipimus . King Aethelstan who Reigned in the Year 930. made his Laws prudenti Ulfhelmi Archiepiscopi aliorumque Episcoporum suorum concilio with a Signif 〈…〉 , Decrevimus , Statuimus & omnibus clare significat , and saith Brompton Mandat praepositis suis , and declared many of his Laws with a Volo & diximus & Ediximus & Placuit nobis . King Edmund that began his Reign in Anno 940. made his Laws solemni Paschatis Festo frequentem Londini tam Ecclesiasticorum quam Laicorum coetum celebravit cui inter fuerunt Odo & Wolstanus Archipraesul . plurimique alii Episcopi with an Ego Edmundus Rex omnibus qui in ditione ac potestate mea sunt clare significo Decrevimus . Edwardus Rex saith , Brompton made his Laws with a mandit & Praecipit omnibus praefectis & amicis ut justa judicia judicent & injudiciali libro stant & quod unum quodque placitum terminum habeat . King Edgar who began his Reign in Anno 959. made his Laws frequenti senatu with a Sancivit Porro autem has populo ( who were not then understood to be Law-makers ) quas servet proponimus leges & publici juris beneficio quisque fruitor , and like his Predecessors made them short and imperative and his Canons in Ecclesiastical Affairs with a Docemus . King Ethelredus who began his Reign in Anno Domini 979 , made his Laws sapientum concilio habito Woodstoci Merciae quae legibus Anglorum gubernatur solely & imperatively with an Esto . Canutus Anglorum Dacorum & Norweglorum beginning his Reign here in England in Anno Domini 1016 , made his Ecclesiastical Laws solely and imperatively with an Imperimus sapientum concilio ad natale Domini . And his humanae & politica sapientum concilio with an Omnibus observari praecipio , Edocemus & Esto , and touching his Dominions of Mercia with an Haec eadem in Mercia pro suis vendicat praeterea praecipimus , and an Esto , Satisfacto & poenas dependito , Compensato , Castigetur , Exterminetur , in potestatem detur , Plectitor , Mulctator , mando Invitus cogatur , Habetor , & omnibus & singulis in Dei nomine obtestor & praecipio . Gulielmus Rex Anglorum cum Principibus suis constituit post conquisitionem Angliae qu●dam decreta with a Volumus & firmiter praecipimus , Statuimus , Decretum est , Interdicimus , Prohibimus , & when the English had in the 4th Year of his Reign fletibus & precibus by the assistance of his Norman Subjects also obtained of him a confirmation of King Edward the Confessors Laws , and to be governed by them , it is said to have been concilio Baronum after an enquiry throughout all England , and Certificate returned per universae Angliae consulatus Anglos nobiles sapientes & su● lege eruditos what those Laws and Customs were , Et cum Rex quae audisset cum aliis sui regni legibus maxime appretiatus est & praecepit ut observaretur per totum regnum . And they that will peruse the laborious Collections of my ever honoured friend Mr Edward Falconbergh , one of the Deputy Chamberlains of the Exchecquer , the truest lover and carefullest preserver ( of the Records , entrusted to his Charge ) that ever come into that place , the very ancient Gervasius Tilburiensis , Mr Agard Scipio le Squier , & many other learned men , in the revolution of more then in that Office 600 Years last past ( not excepted ) of the proceedings upon the very many Quo Warranto's , brought before the Justices Itinerant in their several Circuits , throughout all the parts of the Kingdom , in the Reign of King Edward the first as well High as Low , Lords Spiritual and Temporal , Abbots and Priors , Great or Small , therein sparing not his own Brother , Edmond Earl of Kent , may have premisses enough to conclude , that that Stout and Magnanimous Prince did ( as our Common English saying is ) lay about him , and had a mind to let his friends , the Kings and Princes , at the before mentioned Congress , at Montpelier in France understand that he knew how to perform what he had promised and undertaken . And it was high time to do it and look about him , when the Benificiarii , his Tenants in Capite , would not be content to be gratefull , and allways keep in remembrance the Obligations incumbent upon their Lands , Estates , Ancestors , and Posterities past or to come , and their Oaths of Allegeance and Supremacy grounded thereupon , unless they might so work upon the favours , Indulgence , ( and many times ) necessities of their Kings and Princes , as to procure as much as they could of their Regall power and Authority into their hands , as an addition to the many Manors and Lands formerly bestowed upon their forefathers , severall Precious Flowers of the Crown , as Fines and Amerciaments , Assize of Bread and Beer , Felons , and Outlaws Goods , Year , Day , and Wast , Deodands , Waifs , Estreats and Herriot , fossa & furtas , Pillory and Tumbrell , &c. And the then over-powering Clergy , with their Multitudes of Abbotts , Priors , and several orders of Monks , Fryars and Nuns , working upon our former Kings and Princes Devotions and Liberalities ; heightned and procured by their too many tales and fictions of Miracles and Relicques , attracted unto themselves and their several Houses and Societies as much of their Kings Regalities , as could , with any Justice to themselves or the rest of their Subjects and people , or any reason , be required , or asked of them : And were Anciently so fearfull to loose what they should not in that manner have gained , as the Charter and Patent-Rolls of many of our ancient Kings never wanted the company of the many Confirmations of such kind of unbecoming grants ; and it may moreover justly be attributed unto the over-much Clemency and Indulgence of our Common Parents , Kings and Princes , that in their many Acts of Resumptions of no small quantities of Manors and Lands aliened from the Crown of England , which as to its real Estate in Lands , is almost reduced to an Exinanition or much too little for a Royal Revenue , they have notwithstanding , without any diminution permitted their Feudatories to enjoy those very many Regalities , which made them live like so many Subreguli or Petty Kings or Princes under them , and leave them so far exceeding the Old Saxon Heptarchy , as Ten thousand Manors in England and Wales unto their great Regalities and Liberties can amount unto no less then a strange kind of Poliarchy in a Monarchy , which like Esau and Jacob Strugling in the Womb never after agreed together , which that great Prince King Edward the 1. suis & aliorum miseriis edoctus did endeavour to prevent , and leave it to his Heirs and Successors as it ought to be a most Ancient great and entire Monarchy . Was so exact and carefull in the Causing of Justice to be done , unto his people and Subjects , as by himself or his Justices Itinerant and Juries Impannelled to enquire according to certain Articles given unto them in writing , unto which they were to answer negatively or affirmatively , ( not as is now used by the Justices of the Court of Kings Bench , twice every Year upon the Impannelling of the grand Juries of the County of Middlesex , or by the Judges in their several Circuits to the Grand Juries of the several Counties or places , by their Learned speeches , and recommending unto them what they should enquire , and present what they know , and not tarry untill by chance or malice it be brought unto them ) which for the most part proves to be as little effectual , as if they should be required to have a care of their Bill of Fare , or what good provision of Meat and Wine was to be had at Dinner , from whence well Luxuriated and Tobaccoed ( as unto not a few of them ) if they get home at any reasonable time of the night they have done their Countrey service , that they have , and all is well , and for the little that they know is like to continue . But it was not thought to have been enough in that our great Justiciar , King Edward the first his Reign , when he Commissionated some of his Justices to Impannell Juries in every Ward of London , where it was found and returned upon their Oaths in Anno 3. of his Reign , Quod Civitas London cum suis pertin . & cum Com. Middlesex tenetur in Capite de Domino Rege , pro certa Annua pentione , soluta ad Scaccarium Dominum Regis per Vicecom . London . Quod Dominus Radolphus de Berners Mil. ten . unum messuagium , duo molend . aquatic . cum pertin . in paroch . Sancti Botolphi extra Algate , quae vocantur the Knights fee , quod quidem Tenementum debet invenire Domino Regi unum servientem Armatum in uno Turretto Turris London , per xl dies tempore guerra , ad proprios sumptus & in ultima guerrae fecit defalc . &c. Dicunt etiam quod in Com. Midd. sunt 7 Hundred . Wapp . & Tithing . & pertin . ad Civit. London , Palat. Westminster , Keneton , Judaismum , & Turrim , & Civit. London in manu sua . Inquisitio facta per 12 Jur. de Warda Anketili de Alneranzo Civis & Aldermanni London super certis Articulis ex parte Domini Regis E. Anno ejusdemtertio apud Sanctum Martinum magnum London eisdem Jur. tradit . In which dicunt quod Civit. London & Turr. ejusdem , Westm. Com. Midd. sunt de Dominico Domini Regis , & quod reddant Domino Regi per Annum 400l , Item dicunt quod Wynton , Northampton , Southampton , Oxon , Bristoll , Ebor. & al. Civitat . & Burg. quorum nomina ignorant , sunt de Dominico Domini Regis & reddunt certam pecuniae Summam annuatim , sed quantum ignorant . Et quod Dominus Johannes quondam Rex Angliae , pater Domini H. Regis , dedit Elianorae tunc temporis Reginae Angliae Ripam Regiam in Civitate London , quae fuit de Jure , & est de Dominico Domini Regis . In which that great princes inquisitions , and desire of administring Justice to his people , It is not to pass unobserved , that amongst all his Quo Warranto's what Liberties were Claimed in every part of the Nation , and every man that would enjoy them , driven not to conceal but Claim them , there was untill the 22 year of his Reign , when the disused house of Commons , first erected in and by Simon Montfort's aforesaid Rebellion , was again ordained to be elected with some modification , there was not any claim of Parliament Liberty , nor in any of our after Kings Reigns , nor is it at any time to be called a Liberty to be Crowded under that Denomination , for that it was but Transitory , not fixt to any person or Land , and was but vaga & incerta , that opinion of a would be Learned Lawyer and Recorder in the County of Surry reprehended openly by a Judge , that it was a privilege or liberty of Parliament , to use some Art by a Counterfeit Deed , or otherwise to make himself to be a Freeholder , with an Intent to be a Parliament-man . Which Jury presented Pourprestures in stopping up the way betwixt Ludgate and Newgate , and from Newgate to St Nicolas Shambles , and to and from several other places within the City , that John de London and Gregory Rokesly received money of the King to pay his Debts , and retained a 3d part to their own use , and paid that which they did in bad money , that the Mayor , Shrieves and Aldermen of London , without the Consent of the Community , did Tax the men of small Estate and suffred the greater to escape , that after the Battell of Evesham the City was fined 20000 Marks , which was leavyed of the Commonalty , 5 of the Citizens being excepted from pardon . Et quod Dominus Rex habet in Dominico suo , quae pertinet ad dignitatem Coronae suae de antiquo Dominico aquam Thamess , quae incipit apud Youland ad introitum maris , versus Orientem , ex utraque parte usque ad pentem de Staines . Caused Juries to be Impannelled and Presentments made , quae & quot maneria , quae esse solent in manibus Domini Regis , & de feod . Domini Regis , aut de antiquo Dominico , de firmis , Hundredi , Wapentach , &c. quot Hund. in Com. Middl. & de firmis antiquis , &c. of Malefactors , Assaults and Batteries felonies , Escheates , Lands aliened in mortmain , incroachments super solum Regis , pourpraestures and Stopping of streets or Passages , for building upon the Kings ground , one whereof being presented by the Jury not to be ad nocumentum was arrented at 4d per Annum . Who presented quod Edmundus de Cheyne tenuit prisonam de Fleta Serjeantiam de haereditate Johannae valet per Annum 10l . & per Serjeantiam Custodiend . prisones Domini Regis , & Palatium Domini Regis apud Westm. whereupon a Sine die was granted , but with a Salvo Iure Regis , &c. Buildings super solum Regis ordered , to be beaten down , when they were ad nocumentum , and inquiries made de vinis vendit contra Assisam , purprestures in the passages of streets ordered to be altered and laid open , and the transgressors in misericordia and punished , a Toll taken unjustly by the Warden of the Fleet upon Fleet-bridge , and between that and Holborn-bridge prohibited , and the Warden fined , Stalls , Shops and Galleries built , or Posts and Walls erected super solum Regis in Civitate praedicta commanded to be taken down , the Overseer or Supervisor of Cloth in the City , presented for taking too much Custom of the Merchants , and other Money to conceal the Defects of Cloath , for which his Deputy being accused , petit quod possit admitti ad finem in hac parte priusquam Inquisitio fiat , & admittitur per finem 13 s. 4 d. per pleg . It being presented that the Customers or Collectors of the Customs for the Wool ( then a very great transportable Commodity into Forreign parts ) had taken a greater Custom then the usual Cockett , and as well of the English as Forreigners , ad dampm . Domini Regis , & oppressionem & depauperationem totius populi ; they prayed to be admittted ad finem cum Domino Rege , and were accordingly ; another was presented for setting up 4 Posts with Iron-Chains , ante Ostium Cellarii sui , and 2 of them cross the Street , Postea the Defendent came and Pleaded quod delevit predictos postes infra sum . Itiner . Et Jur. hoc testantur , & quia prius non delevit in misericordia ; Peter Cosyn presented for building a Porch of 16 foot long in solo Regis , by which the Street was streightned , Et ( quod ) nullo modo possunt stare , Ideo prec . fuit vic . quod prosternere fac . quicquid sit ad nocumentum , Et def . in misericordia quia de facto suo ; William Cosyn being presented for raising an Imposition or Toll in a street called Cosyn-street , through which the People fetched water from the River of Thames , Et predictus Williel , non venit , Et fuit attach . per &c. Ideo in misericordia , Et Jur. testantur quod predict . Will. levavit de novo 40d . per Anuum , Ideo Consid. est quod Dominus Rex Recuperet 13 s. 4d . pro predict . 4. Annis versus predict . Will. Et Idem Will. in misericordia ; Et predict . venella reman . Communis ficut prius esse solebat , William de Dalby in misericordia , for that he having a freehold Tenement in Civitate ista did not appear before the Justices Itinerant ; A mudd-wall built upon a peice of ground before the Church of St. Michael Bassieshaw in Civitate London being presented to be ad nocumentum , was ordered to be thrown down . Walter de Herbeston presented in Cripplegate Ward London for erecting certain barrs super solum Regis , who confessing it , was ordered to pull them down at his own Charge , and in misericordia quia prius non delevit . Richard de Bakere presented for making a Well , the one half in his own ground , and the other super solum Regis . Roger de Bellinger built 4 Stalls super solum Regis , which he said he was willing to pull down if they should appear to be ad nocumentum , & praec . est vic . quod deleantur si sint ad nocumentum , & nichil de misericordia quia non de facto praedicti Rogeri . Another was presented for setting up pales of Boards before his house in Aldermanbury in London , which not being denyed the Sheriff was ordered to pull them down , at the Charge of the Transgressor . Another for building a Chimney super solum Regis , which was ordered to be pulled down at the charge of him that did it . William de Pontefrayt for suffering his Tenant Hugh Malyn since deceased , to build quendam gradum de Petra extra ostium de Ten. 3 foot long super Regiam viam , and the Landlord himself about a Year before fecit quandam fenestram in eodem ten . 2 foot and an half broad and 3 foot long , appropriando sibi de solo Regis ad nocumentum , & non potest arrentari , Ideo prec . fuit vic . quod deleri fac . Robert de Rofham 10 years before fec . unum ostium 4 foot long , ad ingressum cujusdam Cellarii in Chepe , extending it self into the Kings High-Way , appropriendo sibi de solo Domini Regis ad dampnum Domini Regis , & non potest arrentari Ideo prec . fuit vic . quod deleri fac . The Dean and Chapter of St Pauls London , being presented for taking 12 s. per Annum rent for an house in Woodstreet , and Incroaching upon 20 s. rent out of another Tenement in London , with another rent of 70 s. per Annum out of another house , pro sustentatione Cantariae in Ecclesia Sancti Pauli London in perpetuum , who pleading that the King had Granted and confirmed unto them omnia Legatu , Donationes eis prius facta de quibuscunque terris , ten . seu redditibus in Civitate ist a seu suburb . ejusdem per literas suas paten . prout plenius apparet inter placita in Warda de Farindon Irrotulat , Ideo idem Decanus & Capitl . inde sine die , &c. Hugo de Waltham being presented for building an house in the parish of St. Peters in Cornhill super solum Regis , for which an Anachoret paid 12 d. per Annum , and inclosed another part thereof with Pales 48 foot in length and 10 foot in breadth super solum Regis , and John de Oxon was the now Tenant thereof , who came and prayed that he might rent it at 12 d. per Annum , which was granted paying the King as much , the Jury finding it not to be ad nocumentum , &c. Ric. le Taylor and others , presented for selling in the Night , veteres Pannos , Caligas & alia mercimonia in Deceptionem ementium , cum per antiquam Consuetudinem usitatum in Civitate , nullum mercatum ibi teneri debint , nisi post ortum solis usque ad horam nonam vesperarum die , Ideo prec . est vic . quod venire facias . And thereupon the Offenders were prohibited to do so no more , and the Mayor and Sheriffs injoyned , quod mercata de caetero non teneantur in London , post horam vesperarum pulsatam in Ecclesia Sancti Thomae de Aconia in Civitate London , Et postea Proclamatum fuit , ( the Modern and too frequent impudent cheating Custom of false-lights purposely built in or near Shops in the street side not then held to be Godly , or to fignify any more then to shew where a Knave dwelleth . ) Presented some that had Money to pay the Kings Debts and paid but part of it retaining the residue to their own use . And some of the Company of the Weavers in London for making an Order for exacting a greater rate then was due for their Works . That Richard de Rofham & al. fecerunt quandam Congregationem ad aulam plumbatam super Cornhil . That Johanues de Wengrave dum fuit Major Civitatis London , took of the Vintners of London 50 l. ut permitteret eos vendere Lagonem Vini ad 5 d. & 6 d. ubi vendidisse debuissent ad 4 d. tantum ad dampnum totius populi Civitatis , Ideo prec . fuit vic . quod venire fac . And that the said John de Wengrave in the taxing of the Subsidy in the City of London , ad opus Domini Regis , by imploying 2 Men in every Ward , ad opus voluntatem suam , did cause to be Leavyed de mediocri populo Civitatis , and when they were to leavy 200 l. ad opus Domini Regis , did leavy de mediocri populo Civitatis 300 l. retinendo inde ad opus suum proprium 100 l. And that the said John Wengrave and his Confederates being to collect in the City of London 1650 Marks , for a sine , imposed for a trespass done to the King , for breaking down a Wall juxta Turrim London per quosdam de Civitate praedicta , retained to their own use 650 Marks , in praejudicium Domini Regis & dampnum ejusdem mediocris populi , Ideo prec . fuit vic . quod venire fac . eum , &c. Likewise that the said John Wingrave whilst he was Mayor of London did sell 15 dolia Vini in Grosso , & ad Retalliam pretii cujuslibet dolii 3 l. post Statutum , Ideo prec . fuit vic quod venire fac . eum , & postea testatum est quod praedictus Johannes de Wingrave non est invent , &c. sed quod distrinxerunt eum per Exit . quorundam ten . & ipse non ven . Whereupon the King by his Writ directed unto Hervey de Stanton one of the Justices Itinerant , Reciting the whole matter , commanded him to certify the said presentment to the Treasurer and Barons of the Exchecquer , that they might according to Law take order therein . Presented that the Dean and Chapter of St Pauls in London , had incroached upon a large peice of ground near that Church , where the Mayor and City of London were accustomed to keep their Folkmote , and also Muster and shew their Arms , being solum Regis , and other large peices of ground towards St. Augustines-Gate , unto which they pleading divers Grants and Charters of some of the Kings Royall Progenitors , the King by his Writ adjorned the process and pleading therein to be heard and determined before himself , ubicunque fuit in Anglia in Quindena St. Michaelis prox . commanded the Dean and Chapter there also to attend at the same time . Johannes de Cumbuelle Constable of the Tower of London , was presented for taking Toll , Custom , and Victualls of such as fish upon the River of Thames near unto the Tower , who pleaded that he took it for the Kings use , and had accompted for it in the Exchecquer . Postea predictus Johannes recessit in Contemptum Curiae , Ideo praec . fuit vic . quod distring . eum , & quod habeat corpus ejus coram Thesaur . & Baron de Scaccario in Quindena Sancti Michaelis ad audiendum Judicium . Presented William de Broy Arch-Deacon of London and others , for Extortions as Officers and Clerks in the City , who made falsas & fictas Actiones & per minas , extorserunt divers great sums of Mony , & prec . fuit vic . quod venire fac . who came and denied the Extortion but would not put themselves upon the Jury , but the Justices declaring unto them that when they are charged in the Court for Trespass against the King , Et non vellent se ponere in Jur. Patriae ad ipsos inde acquietand . per quod Jur. secundum Legem & Consuetudinem Regni Capiend . finalis Exitus debet fieri , they were otherwise to proceed . Whereupon the Defendants not denying their offences , but refusing to put themselves upon the Jury , submiserunt se gratiae Domini Regis in ea parte , & ideo ad Judicium , & postea petunt dimitti per plevinam , & eis conceditur . And it was moreover presented ex parte Comunitat . London , quod omnes Tabernarii , vina vendentes ad retalliam in Civitate ista , had by Confederacy amongst themselves , ordained that they would not suffer any , that buy Wine of them , to see it drawn out of the Vessel , & sic predicti Tabernarii Vina sua vendunt in locis absconditis & obscuris , per quod plures Homines bibentes de Vinis illis aliquando gravitur infirmantur , & quidem ea occasione moriuntur , Ideo prec . fuit vic . quod venire fac . omnes hujusmodi Tabernarios , &c. Whereupon some of the Taverners their Drawers or Vadlets , as they were then called , came and not denying the fact , were fined 20 Marks to the King , unde quilibet eorum pleg . alterius &c. Et injunctum est iis quod de caetero permittant vina Emere volentibus videre vinum & dolium de quo bibere debet , & quod Emptor videat ubi & quando vinum extrabatur de Dolio , & similiter Proclamatum est quod Emptores Vinorum de caetero non impediantur ad videndum vina sicut Injunctum fuit Tabernariis , &c. And Juries were also Impannelled to certify who were amerced sine rationabili causa & ultra quantitatem delicti , & non per pares , &c. And was so allways ready and willing in the Administration of his Justice , for the good of his Subjects , as in the 3 year of his Reign , he did cause an Act of Parliament to be made to punish frauds and deceits , in Serjeants or Pleaders , in his Courts of Justice , under no less a Penalty and Punishment then a Year and a Days Imprisonment , with a Fine and ransome at the Kings pleasure , and be never more after suffred to practise in any of the Kings Courts of Justice . And if it be an Officer of Fee his Office shall be taken into the Kings hands , and whether they be of the one kind of the Offenders or orher , shall pay unto the Complainant the treble value of what they have received in like manner . And thus that great King by the Testimony & Applause of the Age wherein he lived justly merited the Honour to be Inrolled in the Records of Time History and Fame , for a most Prudent and valiant Prince , & in his personal valour much exceeding that of the exttaordinarily Wise Solomon , Alexander the great , Julius Caesar , the politique Hannibal , the wary Fabius , or his valorous and daring great Uncle Richard the first of that name King of England , rendred himself equal to all the great Kings and Captains that lived before or after him . And might have thought himself and his Successors to have been in some condition of safety when the Writ or Election of Members in the House of Commons in Parliament were to be only by his own Writs and Authority , and the Sheriffs who were not the Parliament Officers but the Kings , and by the Law to be sworn unto him not unto both or either of the Houses of Parliament , and were strictly to observe and execute his Writs and Mandates . SECT . XIX . That the Sheriffs are by the Tenor and Command of the Writs for the Elections of the Knights of the Shires and Burgesses of the Parliament Cities and Burrough-Towns , the only Judges under the King , Who are fit and unfit to be Members in the House of Commons in Parliament , and that the Freeholders and Burgesses more then by a Just and Impartial Assent , and Information who were the Fittest were not to be the Electors . FOr the Commissions or Mandates of Inferiour Judges , Magistrates or Courts , or their power and authorities over executed , and further then the true Intentions and proper Significations of the words therein not overstrained or racked , or not as they ought to be duly executed , are in our and the Laws of most of the Nations of the World , accounted to be void & liable to punishment . And it ought not to Escape our or any other mens observations that the County Court of a Sheriff is as Sr Edward Coke saith no Court of Record , and is in it self of so Petit a Consideration as it holdeth no Plea of any Debt or Damage to the value of Forty Shilings , or above , or of any trespass vi & armis , because a fine is thereby due to the King , is Called the Sheriffs County Court , and the Stile of it is Curia Vicecomitibus , the Writs for the Summoning of the Commons or Barons of the Cinque-Ports , who have been ( since 49. H. 3. ) and the allowance thereof in 22. E. 1. after a long discontinuance accompted as Burgesses are directed to the Warden or Guardian of the Cinque-ports , as they are to the Sheriffs of every County for the Choice and Election of Knights , Citizens , and Burgesses . And the Sheriffs authority , as to that particular affair , is so Comprised in the Writs , as they are not to swerve or depart from the tenor or purport thereof , which are made by the Chancellor of the King , or Keeper of the Great Seal of England , & sometimes by a Warrant under the King 's own hand , as in the fifth year of the Reign of King Eward the 3d in the words following , viz. Rex Vicecomiti Eborum Salutem Quia propter quaedam magna & ardua negotia nos & ducatum nostrum Aquitaniae , ac alias terras nostras in partibus trausmarinis , pro quibus ad easdem partes nuper Solemnes nuntios nostros destinaverimus Contingentique in ultimo Parliamento nostro a quibus certis Causis terminari non potuerint , Parliamentum nostrum apud Westmonasterium die Lunae in Crastino quindeux Paschae , proxime futurae teneri , & cum Praelatis , Magnatibus & proceribus dicti Regni ordinavimus habere Colloquium & tractatum tibi praecipimus firmiter Injungentes quod de dicto Comitatu duos milites , & de qualibet Civitate Comitatus illius duos Cives , & de qualibet Burgo duos Burgenses , de discretioribus , & ad Laborandum potentioribus eligi , & eos ad dictum diem & Locum venire faciatis , ita quod milites plenam & sufficientem potestatem pro se & Communitate Comitatus praedicti , & dicti Cives & Burgenses pro se & Communitate Civitatum & Burgorum divisim , ab ipsis habeant , ad faciendum & Consentiendum iis quae tunc de Communi Concilio ( favente Deo ) ordinari Contigerint super negotiis antedictis , ita quod pro defectu hujusmodi potestatis dicta negòtia ineffecta non remaneant quovis modo , & habeas ibi nominia praedictorum militum , Civium & Burgensium , & hoc bre , & hoc sicut nos & honorem nostrum , & tranquilitatem & quietem dicti Regni diligitis , nullatenus omittatis &c. T. Anno 5. E. 3. 17. Febr. per ipsum Regem . Wherein none of the Spirituall and Temporal Barons or their Tenants for the Land anciently belonging unto their Baronies , or the Clergy , having no Lay Fee Tenants of the King , and Ancient demesne , though many of those kind of Tenants do take upon them to do it , Abbots and Priors , Monks or Fryers , which latter are to be accompted as dead Persons in Law , Copy-holders and Widdows are neither to be Electors or Elected , nor Persons attainted of Felony or Treason Outlawed , or Prisoners in execution for Debt , and the Sheriffs in their returns or Indentures are not to return , as they did sometimes , or do now , that the Freeholders elegerunt , but that the Sheriff elegi fecit , as was done in 8. E. 2. by a Sheriff of Roteland quod Elegifeci in pleno Comitatu per Communitatem totius Communitatis illius duos milites de discretioribus . In a return of a Writ of Summons in 18. E. 3. Drogo de Barentine the Sheriff of Oxford and Berkshire returned , that Richardum de Vere militem , & Johannen de Croxford de Com. Oxon , Richardum de Walden & Johannem de Vachell de Com , Berk de assensu & arbitrio hominumeorundum Com. nominatos premuniri feci & firmiter injunxi quod sint ad diem Locum &c. And a Sheriff of Leicester and Warwickshire mentioning the day when the Writ of Summons was delivered unto him , saith it was per manus cujusdam exteanei de Garderoba Domini Regis q 〈…〉 nomen suum sibi nonnominavit nec billam expectavit , and that he had thereupon chosen Robert de Wileby Miles de Com. Leic. & qui manucapt . fuit per Johannem Clerke & Johannem Russell Johannem Peche mil. de Com. War. per manucapt . Johannem Walkere , Willielmo peniter . For although it hath been said , and sometime taken for a Rule in our Laws , as well as in others in some cases , that qui facit peo alium facit per se , yet such trusts as those are as little transferrable as that of a MemberShip of the house of Commons in Parliament to one that was never elected , and the Sheriffs are not to trust either Ignorant or Factious men , by packing and juggling one with another to choose Boys or Youths under the age of 21. of which sort as Mr Pryn hath publiquely declared there have been above Twenty at a time in the House of Commons in some of our late unhappy Parliaments ; or Debauches , Hereticks , or Anti-Trinitarians as one was in one of Oliver Cromwells mock-Parliaments and ejected for it , or an Atheist ; in regard that besides some particular clauses of their Writs mentioned , it is allways expressed that the business for which the Parliament was likewise to be Assembled was pro defensione Regni & Ecclesiae Anglicanae which do manifestly declare the Intention of the King and his Writs to be , that the Madheaded people led by Drink , Ignorance , Interest , Bribes , Fear , or Flattery are not to be suffered by Sheriffs to chuse Papists Fanatiques or Rigid Presbyterians , the greatest or most Inveterate Enemies to the Church and Kingdom , or the Sons of such as Sate in the Horrid Convention that murdered their King , and when they should make their Election de prudentioribus & Discretioribus , let Fools Knaves and Drunkards chuse one another ; for howsoever the House of Commons have been heretofore filled with some , or moulded otherwise then they should be , yet the Intention of the Writs was never ro Introduce such Fiery Tempers or Granadiers as should do what they Could to Fire all within and without , and Elect all the new-fangled untryed Innovations they Can , and encourage others thereunto , before they know how to Understand them ; make Remonstrances and Harangues , and print and publish them to the people against the Government , Fundamental Laws , and the just rights of their Sovereign , and their Succession the former and later , of which the Politiques of former Ages and Queen Elizabeths blessed Reign , would never think sit to be there disputed , and the perclose or later part of those Writs , that one part of the Indentures should be retorned to the King in his Chancery may evidence that the Intention of those Writs and of him that gave them their breath , and authority , was , that the approbation and allowance of the Elections should ultimately reside in the Sovereign , which gave occasion to Oliver Cromwell in his Usurped Kingship , under the Counterfeit title of Protector of his Fellow-Rebells in an Instrument of his own making , to reserve to himself and his Privy Councell the power of allowing and disallowing such as should be Chosen to be Members of the House of Commons in Parliament . For by Law it is intended that the King should have the approbation of the men elected , and therefore to that end one pair of the Indentures are to be retorned to the Clark of the Crown in Chancery & our Kings in their Parliaments that Succeeded the 21th Year of the Reign of King Edward the first , as well as the tenor & purport of the Writs , did provide that the Sheriffs who are the Kings , Officers & not the Peoples , should according to the Kings Writs be Judges of the fitness , or unfitness of the persons Elected or to be Elected , and did therefore to prevent the defaults of due Elections , ordain Penalties to be laid upon them for making false retorns or doing wrong therein and give directions unto them how in many things to manage the affairs in such Elections , as in 7. H. 4. 15. where it was Complained that the Sheriffs made the Elections according to affections or otherwise , 11. H. 4. that undue Elections should be enquired of by Justices of Assize , who should have power to enquire of false retornes made , and to examine and Fine the Sheriffs making default at 100 l. and the Knights unduly retorned were to lose their Wages of old time accustomed ; and by an Act of Parliament made in the 6th year of the Reign of King Henry the 6th , the said Sheriffs and Knights were to be admitted to their answers , and traverse to such enquests taken ( which must be understood to be either in the Kings Court of Chancery or Kings-Bench , where the King himself is supposed by Law to be present ) and the Knights should not be endamaged to the King , his Heirs and Successors by any such enquest untill they should thereof be Convict according to the form of the Statute of the 1. of H. 5. 1. Knights and Burgesses should be Chosen of such as be resiant 8. H. 6. ca. 7. The People that were to Chose ( or rather to assent ) were to have 40 s. per Annum Freehold , and none to be Chosen Knights of the Shires that have not above , and the Sheriffs were Impowered to examine upon Oath how much every one in giving his Vote or Consent to the● Election might expend by the Year . And by the Statute of 23. H. 6. 15. the Sheriffs is to make his Precepts to the Mayor or Bayliff of Cities and Parliament Burgess Towns , who were to take Care of due Elections and retorne the Indentures to the Sheriffs and the Penalties given to the King , and they that should be mischosen and Sit in Parliament are to forfeit 100 l. to the King , and as much to the Party duly Elected , or to them that will Sue for the same , wherein no wager of Law or Essoyne is to be allowed , but such process as are to be awarded , as in trespass at the Common Law : and Brooker a Sheriff of Wiltshire was in the Reign of Queen Elizabeth , prosecuted in the Court of Starr-Chamber upon an Information for perjury at the Queens Suit for a false Retorne made of Sr John Thyn to be Knight of the Shire for the said County in Parliament , whereas in truth Penruddock was Chosen by the greater number of the Freeholders in the said County in deceit of the County and of the whole Realm . And the Sheriffs and the Chief Magistrates of every City and Burgess town , every Knight of the Shire and Burgess of Parliament ought by the mandate and tenor of the Writs , and as the Indentures which are not made betwixt the Electors and the Elected , but betwixt the Electors and the Sheriff do ordain to take Care that the Knights should have plenam & sufficientem potestatem pro se & Comunitate Comitatus , and the Burgesses Chosen for every City and Burgess town : ad faciend . & Consentiend , &c. which in a Just formality of Law ought to be signified to the King in his Chancery by their Indentures as an Instrument or Deed of procuration or letter of Attorney which the after Clause Ira pro defiatu potestatis doth Intimate to be a thing so necessary as without it they might be rejected , if it should be Insisted upon , for surely the King that by his Writ for the Election gives the power and license to his Sheriffs to Elect Knights and Burgesses to come unto the Parliament , is to have so much Controll and Power over it , as to examine whether they were duly Elected , and upon occasions of death , undue Elections , or other Incapacities to Cause new Elections to be made , wherein although the House of Commons have in this our Century , or an hundred years last past , been willing to save the King and his Ministers of State a labour , and upon the death or removall of a Member have usually sent their Warrant or Certificate to the Lord Chancellor or Keeper of the Great Seal of England , or the Clark of the Crown for the Election of others ; the learned Lord Chancellor or Keeper Egerton , scrupling such a kind of proceeding , wished it might be otherwise , and the President of Simon de Monforts Rebellious first institution of an House of Commons , in his new unexampled kind of Parliament in the 49th year of the Reign of King Henry the 3 , cannot be so racked or strained , as to Warrant any such proceeding , for even then , when he was those Rebells prisoner for an Year and a Quarter , they could not tell how to adventure upon such a kind of new and self authority ; yet it hath been by the permission and Indulgence of our Princes , who have thereby too much given them the opportunity and advantage of making one evil action to be a Custom , for all that have been but a little acquainted with our Laws and Records may without derogation to that part of the honourable Court of Parliament , of which it hath been well observed and said in the Earl of Leicesters Case , No man ought to Speak or think dishonourably of them , believe that it is a matter particularly and especially only appropriate and belonging to the King and his Supreme authority and dignity , and the Elections are so entrusted by the King to the care of the Sheriffs & his Officers , as in the Choice or election of Coroners or Verduters de assensu Comitatus by the assent or good likeing of the Common People of the County , there is in the Conclusion of the Writ a Speciall Clause to Certifie the name of whom they had Chosen , which if the King were not therein to give his allowance or refusall , would be altogether Insignificant and to no Purpose . And by his Sovereign power notwithstanding his approbation in such an Election it was never denyed to be lawfull and for the weal Publique , that the King upon Information that the Coroner so Chosen was aliis detentus negotiis , and could not attend the duty and employment of that office , or was Surprized with a dead palsie , or had not Laws Sufficient in the County , or lived in the further part thereof so that he could not conveniently execute the said office , or was elected Sheriff or a Verdurer in a forrest , or that Quidam R. who was elected by the Sheriff de assensu ejusdem Comitatus , was not a Knight , as the statutes concerning the making or electing of Coroners directed , and had not 5l . per Annum Land of Freehold , yet the Sheriff had elected him into that office , to Command the Sheriff to chuse another in his Place de assensu Comitatus qui melius Scire & possit ad illus intendere , & quod nomen ejus Scire faceret &c. or when a Verdurer was adeo languidus & semo confectus as he could not attend the execution of the office , another should be elected in his place de assensu Comitatus , & nomen ejus scire faceret . And it is not like to be any disparagement to the Judgement or knowledge of any man of the Law to acknowledge that the Writ of Conge de Eslire granted by the King to a Pryor and Covent to elect an Abbot , or Dean and Chapter of a Diocess to elect a Bishop , when the King hath before hand nominated the man by an especiall Clause takes care that he be regno & Regi utilis & fidelis , and that after his election and the formality of the election by the Dean and Chapter dispatched , there is a Writ de Regio assensu to Confirm that election , followed by another to the Escheator to restore unto him the temporalities in the form following . Rex dilecto & fideli suo J. Justiciario suo Hiberniae salutem , Cum dilecti nobis in Christo Decanas & Capitulum Ecclesiae de B. vacante nuper Ecclesia sua praedicta per mortem bonae memoriae Lucae nuper Episcopi loci illius dilectum nobis in Christo M. J. Decanum Ecclesiae predictae in suum Episcopum elegerunt & pastorem , & nobis per suas patentes literas : Supplicaverunt , ut Electioni Regium assensum adhibere dignaremur : Nos licet idem Decanus & Capitulum prius a nobis eligendi licentiam non postuleverint , ut est moris , volentes tamen eis hac vice gratiam facere specialem , eidem Electioni Regium assensum Duxerimus adhibendum , nolentes quod , quamvis ipsi hujusmodi licentiam mini ne 〈…〉 runt , molestentur in aliquo seu graventer , volentes insuper eidem Electo , ut ipsius parentur laboribus & expensis , gratiam facere uberiorem vobis dedimus potestatem , quod si Contingat Electionem hujusmodi per loci Metropolitanum Canonicum Confirmari , & vobis inde per literas patentes loci ipsius Metropolitam , nobis inde directas constiterit , tunc fidelitatem ipsius Electi nobis debitam in hoc parte nostro nomine recipiatis , & ei temporalia Episcopatus illius , prout moris est , restitui faciatis vice nostra receptis prius ab Episcopo Electo literis suis factis Sigillo suo , & sigillo Capituli sui Signatis , quod gratia nostra , quam eidem Electo ad praesens ex mera liberalitate nostra fecimus nobis vel haeredibus nostris non Cedat in praejudicium , &c. T. &c. And may remember that when the Papall Clergy were Culminated in their highest Zenith under the domineering power and Insolency of the Popes their Incouragers and Protectors , and so high as upon the vacancy of Bishopricks or other dignified Ecclesiastick preferments they that sought for those places would hasten to Rome , nd get Bulls of investiture from the Pope upon the Kings unwilling recommendation , which though a politick fear had made King Henry the 8. for a Time to Condiscend unto , yet he was Carefull to make the party so preferred to appear at his return before him , either in person , or by proxy , and renounce every Clause in the Popes Letters or Bulls that might prove derogatory to his Crown and Prerogative or the Law of the Land , and Swear Fealty , and Allegeance unto him , and thereupon Writs were ordered to be made out of the Chancery for a new Election , if none had been before made by the Dean and Chapter of the Diocess , or afterwards for the Kings allowance of an Election to be made by the Dean and Chapter and a restitution thereupon of the Temporalities . And Fitz-Herbert a learned Judge hath informed us that if a Dean and Chapter should elect a Bishop without the Kings assent , and after make a Certificate thereof to the King , he may assent thereunto or refuse to do it , if he please , and if he do assent thereunto a speciall writ is to be made to some Person to take his Fealty and to restore unto him his Temporalities in the form aforesaid . And our Kings have not only done it in the Election of Coroners and Verdurers , but in matters of an higher nature viz. the Election of Members of the Commons in Parliament in the Case of Sr Thomas Camois Banneret ( which saith Mr Elsing ) did not , as a Baron , antiently use to serve as a Member in the house of Commons in Parliament , as appeareth by the Kings writ directed to the Sheriff of Surrey for a new Election in the Stead of the said Sr Thomas Camois , wherein the reason is expressed in these words : Nos animadvertentes quod hujusmodi Banneretti ante haec tempora in milites Comitatus ratione alicujus Parliamenti minime consueverunt eligi . And was afterwards as a Baron summoned into the House of Peers in Parliament , and the Kings servants have likewise had exemtions , as when James Barners was discharged quia de retinentia Regis , familiaris & unus militum Camerae Regis . The servants of the Queen and Prince enjoying also the like Priviledges . For the same year there appeareth to have been an exemtion and discharge of Thomas Morvill , Quia est de retinentia Charissimae Dominae & matris nostrae Johannae Principissae Walliae . A Verdurer being Chosen in a forrest beyond Trent , and the King upon a Suggestion made in Chancery , that he had not Lands and Tenements Sufficient within the Limits of the Forrest , nor was resident therein , having Caused another de àssensu Comitatus to be elected , did upon better Information by the Justice of that Forrest , that he had Lands and Tenements sufficient , and was fit for the place , supersede the later Writ , and Commanded that he that was formerly elected should be permitted to execute the said Office. In the first year of the Reign of King Edward the 1st the King being Informed that one Matteville having been elected Coroner of Essex , de assensu Comitatus officium praedictum explere non potuit , sent his Writ to the Sheriff of Essex to elect per assensum Comitatus , one that should be able to execute that office , with a Command to Certifie the name of the party to be so elected , which a King that is sui Juris and not governed by those he should govern , might surely better do , then a private man who is never denyed the refusall of one elected , that is not fit for the ends and purposes for which he was Chosen ; as if a Carpenter should by a mistake of a friend or servant , be hired or employed to do the work or business of a Farrier ; or a Farrier of an Apothecary . And it should be no otherwise , when all the Laws of the World where right reason and morality have any Influence , or any thing to do , have ordained and allowed a retorn or attempt to be given of Writs , Proces , Mandates , or Precepts , well or evill executed , unto those that had authority to grant them , and how they had been observed and obeyed ; which was the only reason , end and design , of such retornes and attempts to be given thereof . In the yearly nomination and appointment of Sheriffs of the Counties of England and Wales , the Judges of the severall Circuits do elect six whom they think fit to be Sheriffs for every County , which upon Consideration had by the Lord Chancellor , or Keeper of the great seal of England , Lord Treasurer , diverse of the Lords of the Kings Privy-Counsell , some Officers of his Household , and the aforesaid Justices , being reduced to three for every County , their names are to be presented to the King , who Chooseth One for every County , who is afterwards Sworn and made Sheriffs by his Letters-Patents ( the former being discharged ) and not seldom upon better Information given to the King , altered , and another named by him , the Mayor and Sheriffs of London , and the Mayor of Oxford being elected , according to their Charters , are to be Yearly presented and Sworn before his Barons of the Exchecquer , before they can Execute or Intermeddle in their Offices , and a Sheriff hath some hundred years ago been amerced and in misericordia quia retornavit & elegit alios quam milites in brevi de Assiza . And with the same reason , and rule of Justice , it hath been done in the undue and Illegall Elections of some Members of the House of Commons in Parliament , upon Complaint made , by remedies provided in the 36th year of the Reign of King Edward the third , as may be evidenced by the view and consideration of the Records ensuing in these words , viz : Rex Vicecomiti Lanc. salutem , quia super Electione facta de militibus pro Communitate Com. praedict . pro ultimo Parliamento nostro in Com. praedict . venientibus maxima alteratio facta existit , nos ea de Causa volentes super electione praedicta plemius certiorari tibi praecipimus quod habita in pleno Com. tuo super electione praedict . Cum militibus & allis probis hominibus de Communitate dict . Com. de Liberatione & Informatione diligentibus utrum viz. Edwardus Laurence & Mathaeus de Risheton qui in brevi nostro de Parliamento praedicto tibi directo retornati fuerunt pro militibus dicti Com. electi fuerint an alii , & si per deliberationem & Informationem hujusmodi inveneris ipsos de Communi assensu totius Com. pro militibus dicti Com. electos fuisse tunc habere facias eisdem Edwardo & Matheo decem & octo libras & duodecem Solid . pro expensis suis veniendi ad Parliamentum praedict . ibidem morando , & ex inde ad propria redeundo , viz. pro quadraginta & septem diebus utroque praedictorum Edwardi & Laurentii Capiente per diem quatuor solidos , & si alii pro militibus ejusdem Com. electi fuerint tunc nos de nominibus eorum sub sigillo tuo in Cancellaria nostra reddas certiores hoc breve nobis remittens Teste Rege Decimo Septimo die Novembris . per ipsum Regem . But it seems that took no effect , for Mr Pryn in his Marginall note saith , that they made no retorn as they ought to have done ( so early did the design of a factious popularity to provide for themselves , begin to take root , by the calling of an intended Elected part of the Common People of England into the great Councell thereof ) as the Tenor of the Subjoyned Writ will manifest in the form ensuing , viz. Rex dilectis & fidelibus suis Godfr . Foliambe & sociis suis Custodibus pacis nostrae in Com. Lancastr . Salutem cum nuper pro eo quod super Electionem ( recitando usque redder et nobis Certiores ) ac jam intellexerimus quod praedicti Edwardus & Laurentius qui locum tenentes dict . vic . existunt & retornum brevium nostrorum Com. praedict . faciunt breve nostrum praedictum penes se retinent & executionem aliquam inde hactenus facere non Curarunt , & nihilominus vadia illa indies levari faciant in nostri deceptionem manifestam nos volentes hujusmodi deceptioni obviare vobis mandamus quod prox . Sessione vestra vocatis Coram vobis militibus & allis probis hominibus ejusdem Com. & aliis quos noveritis evocando diligentem Informationem , & inquisitionem super praemissis capiatis & de eo quod in hac parte inveneritis nos in Cancellaria nostra sub Sigillis vestris aut alicujus vestrum distincte & aperte sine dilatione reddatis Certiores hoc breve nobis remittentes T. R. apud Westm. per ipsum Regem . Et mandatum est vic . Lanc. quod levationi dictorum vadiorum Supersedeat quousque aliud inde de Rege habuerit in mandatis T. ut supra . per ipsum Regem . Upon which Mr Pryn observeth , that the King in that age , not the House of Commons , examined and determined all disputable and undue Elections Complained of , and ordered that the Knights whose elections were unduly made , should not receive their wages or expences , untill the Legality of their elections were examined ; and that the King may cause the Elections to be examined , by speciall Writts to the Sheriffs or Justices of the Peace , in his default , to Enquire and Certify the legality of their elections by the Testimony of their Electors or Assenters , out of the whole County , and untill full Examination Supersede the Levying of their Wages ; and in his Plea for the House of Lords and Peers , saith , that the Statute made in the 8th year of the Reign of King Henry the 4th , and the 11th of King Henry the 6th upon the Petitions and Complaint of the Commons in Parliament to the King and Lords , which Inflicted Penalties upon the Sheriffs , for making undue Elections and retorns , which formerly were Arbitrary , at the discretion of the King , and to be Tryed ( not by the Commons alone without Oath upon Information as now ) but by the Justices Assigned to take Assizes , and that by enquest and due examination therein , if the Sheriff be found Guilty , he shall forfeit one hundred pounds to the King ; and the Knights unduly retorned , shall lose their Wages ( not to be turned out , saith Mr Pryn , by a Committee for Privileges of the House of Commons ) and that the Statutes of 1. H. 5. ca. 1. 6. H. ca. 4. 8. H. 6. ca. 7. 22. H. 6. ca. 15. touching the Election of Knights , Citizens , and Burgesses to Parliament , do not alter the Law , or Impower the House of Commons to determine the Legality of any Elections , but leave them as before to the King , by the advice of the Lords , to redress , as these Law-books , viz. Dier 113. 168. Plowden 118. to 131. Old Book of Entries 446. 447. have resolved , and are not to follow any late Arbitrary Precedents , but the ancient usage and Law of our Parliaments , and solid reason , which will not Justify those late Innovations or extravagancies ; for when men are , ( saith the Learned Sr Robort Filmer ) Assembled by an humane power , the authority that doth assemble them , Can also limit and direct the execution of that Power . SECT . XX. Of the small Numbers of Knights of the Shires and Burgesses , which were Elected , and came in the Reign of King Edward the first , upon his aforesaid Writs of Election ; and how their Numbers now amounting unto very many more , were after increased by the corruption of Sheriffs , and the ambition of such as desired to be Elected . FOr Mr. Pryn in his indefatigable and most exact searches of the Summons and Elections of Members of the House of Commons in Parliament and the return of the Sheriff thereupon ( which he himself as well as others might have then thought unnecessary and superfluous yet are now of great use for the discovery of long hidden truths ) hath in all the Reigns of King Edward 1. Edward the 2. Edward the 3. Richard 2. Henry 4. King H. 5. & 6. and Edward the 4th found no more then 170. Boroughs , Cities , and Ports either Summoned by Sheriffs or their precepts or Writs to elect or return or actually electing , returning Knights , Citizens , Burgesses , and Barons of the Cinque ports to attend in Parliament , that of those 170. Glastonbury in Somersetshire , Overton in Hantshire , St Edmondsbury in Suffolk , Hoden and Richmond in Yorkshire had only one precept issued unto them ; Odiham 2 precepts , Alton and Basingstake in Hantshire 4 precepts to elect and send Burgesses to Parliament , upon neither of which they returned any Burgesses , as the Sheriffes returns of ballivi libertatis nullum dederunt responsum , or nihil inde fecerunt will attest , whereupon they never had any more precepts of that nature sent unto them before the end of King Edward 4's Reign , Christchurch only excepted , which of late Years hath elected and returned Burgesses . So that in truth 20 of those 170. Namely Newbury in Barkshire , Freminton , Modbury , South Molton in Devonshire , Bromyard , Ledbury , Ros in Herefordshire , Dunster , Langeport , Monteacute , Stoke , Cursey , Matchet , Ware in Somersetshire , Alesford in the County of Southamton , Oreford in Suffolk , Gatton in Surrey , Alverton , Malton , and Pontefract in Yorkshire , elected and returned Burgesses but once , for one single Parliament and no more ; Mere in Wiltshire , and Rippon in Yorkshire , upon two several precepts made only one election . Five more of those antient Boroughs , as Lidford in Cornewall , Bradnesham , Okehamtam in Devonshire , Andover in Hampshire , Woodstoke in Oxfordshire , and that 3 of 5 Severall Precepts the Sheriffs returned quod ballivi nullum dederunt responsum ; Farneham in Surrey , Grantham in Lincolnshire , and Beverley in Yorkshire , upon five precepts did but twice elect during the Reigns of the aforesaid Kings ; and 4 more , to wit , Cheping-Norton , and Dodington in Oxfordshire , Mulliborne port in Somersetshiee , and Coventry in Warwickshire , made in all the times aforesaid but 3 elections . Poole in Dorsetshire , Webley in Herefordshire , Witney in Oxfordshire , and Aixbrugh in Somersetshire , upon 5 precepts had but 4 elections , and returns in all those Reigns . St Albans in Hartfordshire , Kingston upon Thames in Surrey , Wich in the County of Wigorn , and Heytesbury in Wiltshire , made in all that time but 5 returns and elections of Burgesses . Five others , viz. Honyton and Plymouth in Devonshire , Chard in Somersetshlre , Seaford in Sussex , and Wotton Basset in Wiltshire , but 7. Preston in Lancashire , Stamford in Lincolnshire , Hyndon and Westbury in Wiltshire , but 6. Stortford in Hartfordshire , only 8. and Lancaster 13. during the Reigns of the aforesaid Kings . Some of them having long intervals and discontinuances , for Ashperton in Devonshire had it's first election in 26. E. 1. and it's 2d not untill 8. H. 5. which made above 120. Years , though by the Knavery , Corruption , and arbitrary power of Sheriffs , and the ambitious designs of some that desired to be elected members of the House of Commons , and the long after introducing of those of Wales , Cheshire , Durham and New-wark , the number of all the Members of that honourable Assembly were in Mr Cromptons Time who lived and wrote in the later end of the Reign of Queen Elizabeth , but 441. since increased to 500. or thereabouts . During the Reign of King Edward the 1st there were but 70 Cities and Boroughs , besides the Cinque Ports which elected and sent Citizens and Burgesses to Parliament of which number 7 made only one election and return of Burgesses . In the Reign of King E. 2. there were precepts issued by Sheriffs for 19 Boroughs , viz. Great Marlow in the County of Buck. Lescard and Lestithiel in Cornwall , Bradneston in Devonshire , Melcombe and Weymouth in Dorsetshire , Ravensey and Rippon in Com. Eborum , Stortford in Hartfordshire , Witney in Com. Oxon , Axbrigge Chard in Somersetshire , Lichfield in Staffordshire , Kingston in Surrey , Greenested , Midhurst in Sussex , Cricklade , Mere , and Old Sarum in Wiltshire , which never elected or returned Burgesses before , and two precepts issued out to other new boroughs , viz. Dunstable , Glastonbury , Aulton , and Christchurch , which made no elections or returns thereon . Under the long Reign of King Edward the 3d there were Writs or Sheriffs precepts directed to 19 new boroughs , and elections made to serve in his Parliaments or great Councels viz. Ely in Cambridgeshire for one great Councel only , Barnstable , Dartmouth with Hardennesse thereunto annexed , Fremington , Modbury , Tavestock in Devonshire , Poole in Dorsetshire , Malden in Essex , Bromyard , Ledbury , Ros in Herefordshire , Barkhamsted in Hertfordshire ( Botolph in Lincolnshire for two great Councels only ) Dunster , Langport , Monteacute , Stoke , Curcy , Were , in Somersetshire , and New Castle under line in Staffordshire , besides precepts issued to Hodon and Richmond two new boroughs in Yorkshire , who made no election or return thereupon ; and saith Mr Pryn , neither of those ever sent Citizens or Burgesses to Parliaments or great Councels before that King's Reign for ought he could find by Records or History . And as for the Ports of Dover , Ro●ney , Sandwich , and Winchelsey in Kent , Hastings , Hythe , and Rye in Sussex , there are no original Writs of Summons found for the election of any of their Members during the Reigns of King E. 1. or 2. In the Reigns of King Richard the 2d , Henry the 4th and 5th , there were no Writs or precepts to any new boroughs to send Burgesses to Parliament . About the middle of the Reign of King Henry the 6th , there were only Writs and precepts issued out for 5 new boroughs in 2 Counties to attend the King in Parliament as Members in the House of Commons , namely , Gatton in Surrey , Heytesbury , Hindon , Westbury , and Wooton Basset in Com. Wilts . During the Reign of King Edward the 4th , there was only one new borough , Grantham in Lincolnshire , who never sent any in the former Kings Reigns . Since which , 14 new boroughs in Cornwall namely , Camilford , Castlelowe , Foway , Graundpond , St Germans , St Ives , Kelington , St Marie's , Newport , St Michael , Portlow , Prury , Saltash , Bosseney , and Tregonney with the boroughs of Aylesbury and Buckingham , in the County of Bucks , Cockermouth in Cumberland , University of Cambridge , Bearealston , in Devonshire , Corfe Castle in Dorsetshire , Harwich in Essex , Alderburgh , Boroughbrigge , Knaresbrough , Thrusko , in Com. Eborum , Cirencester , and Tewkesbury in com . Gloucester , Maidstone , and Quinborough in Kent , Botolph in Lincolnshire , ( as to sending Burgesses to Parliament ) Clitheroe , Liverpool , Wigan in Lancashire , Westminster in Middlesex ( which never sent one Burgess to Parliament , though many have been holden in it until long after the Reign of King Edward the 4th . ) Brackley , Higham-Ferrers , Peterborough in Northamptonshire , East-Recford in Nottinghamshire , Chester , Thetford in Norfolk , Barwick , Morpeth in Northumberland , Banbury , and the Univesity of Oxford , in Oxfordshire , Haslemore in Surry , Tamworth in Staffordshire , Bishops-castle , Ludlow , Wenlock in Shropshire , Minched in Somersetshire , Christ-church , Lymington , Newport , Newtown , Peterfield , Stockbride , Whitchurch , Yarmouth , St Edmondsbury , Eye , Sudbury in Suffolk , Beaudly , Evesham in the County of Worcester , in all 64. Committing the Knights , Cities , and Boroughs of Chester , and Wales , erected by Act of Parliament Annis 27. 36. and 38. H. 8. ) are all new and for the most part ( the Universities excepted ) very Mean , Poor , inconfiderable Boroughs set up by the returns and corrupt practices of Sheriffs , and ambitious Gentleman , which will be sufficiently evidenced by the Sheriffs frequent returns of nullum dederunt responsum , & non sunt aliae Civitates neque Burgi in balliva mea or in com . praedict aut non curant mittere , saith a Sheriff of Northumb. in 6. E. 2. or nulli electi ratione belli in 8. E. 2. or as in Northumb. in the 10th Year of the Reign of E. 3. or as in the 8th Year of the Reign of E. 2. when the Sheriff of Northumb. returned quod omnes milites de balliva sua non sufficiunt ad defensionem Marchiae ; and to the town of Newcastle upon Tyne quod omnes Burgenses villae praedicta non sufficiunt , ad defensionem villae ; in the 1. E. 3. the Communitatas Com. Northumb. respondet quod ipsi per inimicos Scottae adeo sunt distracti quod non habent unde Solvere expedsas duobus militibus proficissuris ad tractatum & concilium apud Lincoln tenendum ; and the Bayliffs of Newcastle upon Tyne returned , quod ipsi tam enervantur circa salvam custodiam villae praedictae quod neminem possunt de dicta villa carere . So little were the former ambitions or designs of the Gentry or Common people of the Counties or Shires to be Members of the House of Commons in Parliament as Knights of the Shires or as Burgesses of Cities or Towns Corporate , from the 49th Year of the Reign of King Henry the 3d , unto the later end of the Reign of King Henry the 5th , in the course or circle of time of about 280. Years . But all those the Royal cares and condescensions of King Edward the 1st to pacify a discontented part of his people and eradicate a deeply rooted Commotion and Rebellion did too soon or quickly after the expiration of the aforesaid 280. Years deviate and degenerate from the former intentions and design of those his Writs of Summons . SECT . XXI . Who made themselves Electors for the choosing of Knights of the Shires to be Members of the House of Commons in Parliament , after the 21st Year of the Reign of King Edward the 1st , contrary to the Tenor of his aforesaid Writs of Summons made in the 22d Year of his Reign for the Election of Knights of the Shire and Burgesses , to come to the Parliaments and great Councels of several of our Kings and Princes afterwards . FOr so very great was the power , command , and influence of the Nobility and dignified Clergy , as they could from time to time , as the Winds and Tydes do usually agitate and blow upon the unruly waves of the Ocean , make them lacquey after their good-will and pleasure , and attend their ambitions and advantages , which began but to peep out and c●awl in the later end of the Reign of King E. the 2d , when Roger de Mortimer Earl of March was in a Parliament holden in the Reign of King Edward 3. Accused of Treason , and accroaching to himself Royal power by procuring certain Knights of the Shires attending in the House of Commons in Parliament to give their consent to an aid to the King for his Wars in Gascoigny , and the humours and interests of the Common people were so governed and influenced by the grandeur of the English Nobility and principal Clergy enticing them thereunto , more by their own respects and desires to please and humour , then by any particular motive or impulse of their own ; as in an Election of Members for the House of Commons in Parliament in the 13th year of the Reign of King Henry the 4th the Archbishop of York , and Sundry Earls , Barons , and Ladies being said to be Suitors in the County-Court of York , were by their Attorneys the sole Electors of the Knights of the Shire of that County ; namely by William Holgate Attorny for Ralph Earl of Westmorland ; William de Killington for Lucy Countess of Kent ; William Hesham for the Lord Peter de Malo lacu , William de Barton for William Lord Roos , Robert de Evedale for the Baron of Graistock ; William de Feston for Alexander de Metham ; Chivaler , and Henry de Preston , for Henry de Percy Chivaler ( who was then a Baron ) Earles and Barons in those times being well contented to make use of that then no disparaging Title ) Sectatorum communium com . no other electors being then named in the Indentures betwixt the Sheriff and the County of York upon that Election ; and in the 2d Year of King Henry the 5th with little variation , except for the persons for whom the Electors were Attorneys ; as namely in Yorkshire , William Mauleverer Attorney for Henry Archbishop of York , William Feutores for Ralph Earl of Westmorland , William Archer for John Earl - Marshal , William Rillington for Henry le Scrop Chivaler , Domino de Masham , William Heshum for Peter de Malo lacu , William Postham for Alexander de Metham Chivaler , William Housam for Robert Roos , Robert Barry for Margaret the Wife of Henry Vavasour Chivaler , and Robert Davinson Attorney for Henry Percy sectatorum communium pro com . Eborum . ( No other suitors or electors being in that Election and Sheriffs Indenture then mentioned ) the like upon Writs for Election of Knights issued to the Sheriffs of Yorkshire , were found by Indentures hereupon . And in Annis 8. and 9. H. 5. And in 1. 2. 3. 5. and 7. Henry 6. the Attorneys only of Nobles , Barons , Lords , Ladies , and Knights were made the suitors who made the election of the Knights of Yorkshire , and sealed the Indentures untill 25. of King Henry 6. when that undue course and way ceased , and the Election and Indentures were made by the Freeholders ; and being Elected were not at that instant enabled by them , or at any time after , to act or do any thing otherwise then according to the Intent , Tenor and Purport of their said Writs of Elections , untill some farther Requisites were to be by them performed and done , in order to the Trusts reposed in them by their King and Fellow-Subjects . SECT . XXII . Of the Actions and other Requisites by the Law to be done by those that are or shall be Elected Knights , Citizens , and Burgesses , to attend our King in their great Councells or Parliaments , precedent and preparatory to their admission therein . FOr the Sheriffs and people of the Counties were at the first so punctuall in the due performance of their Kings aforesaid Writs and Mandates , in all and every the clauses and particnlars thereof , and so carefull in their Elections of such as were to be trusted by and for them , in affairs of so high and more then ordinary concernment , as the States well-being , and defence of the King , the Church , the Kingdom , Themselves and their Posterities , not only for their personal appearance , but performance of the trust reposed in them , and not to do less or more , too short or beyond the bounds of their Commissions or Authority granted by the King , as they that were elected were constrained at the same time to give pledges and main-pernors , and sometimes four securities , but never under two , that they should not omitt what was commanded by the Tenor of those Writs ; insomuch as in the 30th Year of the Reign of King Edward the first , John de Chetwood and William de Samtresden being elected Knights of the Shire for the County of Buckingham , gave four manucaptors , and the like did Robert de Hoo , and Roger de Brien elected Knights of the Shire in the same Year for the County of Bedford , and in that Year Andrew Trolesks and Hugh de Ferrers Elected Knights of the Shire for the County of Devon , were districti per terras & catalla quia Pleg . invenire noluerunt . And in Anno 8. E. 2. a Sheriff of Gloucester ( Bristow at that time being neither City or County ) made his return on the dorse of the Writ of Summons , that the Custos libertatis villae Bristol respond . quod elegi fec . Robertum Wildemersh & Thomam L'Espicer ad essend . ad Parliamentum apud Westminster , in Octavis Sancti Hillarii qui manucaptores ad essendi ad diem & locum praedictos invenire recusarunt per quod propter eorum vim , malitiam , & resistentiam & executione istius mandati ulterius facienda intromittere non potuit . And a Writ appeareth in that Year to have been returned for the County of Midd. that William de Brooks and Richard le Rous milites electi fuerunt per communitatem Comitatus praedict . essendi coram concilio Domini Regis ad diem & locum in brevi content . qui potestatem habent ad faciend . quod de eodem concilio Secundum brevis tenorem ordinabitur , after which followed the names of their Manucaptors or sureties , and was a caution in those times believed to be so necessary as in the 15th Year of the Reign of King Edward 2d , when Thomas Gamel one of the Citizens of Lincoln being returned with 2 manucaptors , a burgess for the Parliament , and not vouchsafing to attend the Mayor and Commonalty of Lincoln , they elected Alain de Hodolston in his place , and desired Sr William Ermyn then Keeper of the Great Seal , that he being so elected by them , might be received with the other Citizen first elected with Gamel as their Busgess for that Parliament ; and sent that their Certificate and return under their City-Seal affixed to the Writ of Election , that very ancient and necessary usage of giving Manucaptors upon Parliamentary Elections being used in all the returns of the Writs of Election , for the Election of Knights , Citizens and Burgesses from the 21st Year of the Reign of King E. 1. during the residue of his Reign ( for before no Manucaptors or pledges for Knights or Burgesses elected to come to Parliament were given in for those Knights that were elected in Anno 49. H 3. for the County of York ) and from thence during the Reign of King E. 2. E. 3. R. 2. H. 4. and 5. and thence until after the 33. of King Henry 6. and had after their Elections actuall and formall Indentures , or instruments of procuration mutually Signed and Sealed by the Sheriff and the Electors or Assentors and Elected , which were with the Writs of Election returned and filed amongst the records of the King in his Chancery , having their procurations or powers inserted in the perclose of the indenture made betwixt the Sheriff and the Electors ( some being named instead of many ) Dante 's & Concedentes eisdem ( the parties Elected ) plenam & sufficientem potestatem pro se & communitate praedict . ad faciend . & consentiend . iis quae tunc & ibidem de communi concilio regni Domini Regis , favente Domino , ordinari contigerint super negotiis in dicto brevi specificat , and notwithstanding their election and one part of the Indenture with the procuration therein returned with the Writ to the King in his Chancery were not accompted members of the House of Commons in Parliament untill their admittance by the Kings Allowance and Authority as it was upon a great debate adjudged in the 35 Elizabeth in the House of Commons in Parliament in the Case of Fits-Herbert , in which the two eminent Lawyers Anderson and Coke afterwards successively Lord Chief Justices of the Court of Common Pleas were as Members personally present , and in a Parliament holden in the 18 Year of the Reign of King Edward 3. the King was angry that the Convocation of the Clergy appeared not , and charged the Archbishop of Canterbury to punish them for their defaults , and said he would do the like to the Parliament ; In the 5 year of the Reign of King Richard 2. Members Elected were by an Act of Parliament to appear upon Summons or be amerced or otherwise punished according as of old times hath been used to be done in the said case , unless they may reasonably and honestly excuse them to the King , and in 1st and 2d Philip and Mary 39 of the Members of the House of Commons saith Sr Edward Coke , ( whereof Mr Edmond Plowdon the famous Lawyer was one , who pleaded that he was continually present at that Parliament , and traversed that he did not from thence depart in contempt of the King and Queen , and of the said Court ) had an Information exhibited against them by the aforesaid King and Queen for not appearing in Parliament according as they were Summoned , cannot be admitted in the House of Commons in Parliament before they shall have taken the Oaths of Allegeance and Supremacy before the Lord Steward of the King's Houshold , or his Deputy under a forfeiture or penalty , nor depart from the Parliament without License , and when admitted are Petitioners for License to choose and present their Speaker to the King who in their behalf prayeth to be allowed access to his Majesty , freedom of speech and from Arrest of themselves and their menial servants during the time of their attendance , have Wages allowed them by the King to be paid by their Commonalties in eundo , morando , & redeundo according to longer or shorter distances or abode , their Speaker being by the King also allowed Five Pounds per diem besides other perquisites appertaining to his place , are but Petitioners , have receivers and tryers of their petitions assigned by the King , or by the Lord Chancelour de per liu ; and days were seldom prefixt and limited for exhibiting of them which were many times rejected with a non est petitio Parliamenti endorsed , for that it was more proper for inferior Courts and sometimes for their hast or Importance of the King's Affairs were ordered to be answered in Chancery , are no Court of Judicature or Record , were not accustomed to draw or frame Acts of Parliament which they assent unto , but leave them to be formed by the Judges and the King 's learned Councel at Law and not seldom after Parliaments ended , most of the former Acts of Parliament being drawn and framed upon petitions or specifying to be at the request of the Lords and Commons , or of the Commons only , or that the King Willed , Commanded , Prohibited , Provided or Ordained ; can make no proxies , and are but a grand enquest of the Kingdom ; are not Authorized to give or administer any Oath , never did or are to do it , but are to send such Witnesses as are to be sworn to take their Oaths in the House of Peers , and the Members of the House of Commons or their Speaker Jointly or severally cannot administer an Oath unto any of their fellow Members or any of the Commons whom they would represent , for that would be to administer it unto themselves which Juries and men Impanelled in Enquests are never permitted to do but are to receive their Oaths from a Superior Authority , and none but the King or such as have been Commissionated by him are impowred to give Oaths , which hath allways put a necessity upon the House of Commons when any Witnesses are to be examined before them to produce and send them first to be sworn and take their Oaths in the House of Lords ; and they cannot adjourn or prorogue without the King 's special order and command , nor were ever Summoned by themselves legally to come to Parliament without the Lords Spiritual and Temporal , but as to their Meeting and Continuance were to follow their King in his House of Lords , as the Moon and the Stars ( those Common people of the Sky ) do the Sun ; could not punish heretofore an offence or delinquency against themselves or any of their Members without an Order first obtained from the King or his Lord Chancellor ; have sometimes Petitioned the Lords in Parliament to intercede with the King to remit his displeasure conceived against them ; in the times of Henry the 4 few Petitions were directed to the King and his Councel , some were to the King alone , and some to the Lords alone , and some to the Commons only , saith Mr. Elsing ; and if they were Petitions of Grace , the Commons only wrote thereupon soit baile as Seigneurs & per les a Roy , or soit per le a Roy , per les Seimurs & the other were sent up to the Lords without any directions , & the Judges & the Kings Learned Councel in the Law prepared all answers to the Petitions of the Commons ; all Petitions directed to the King were to be considered by the Judges and his Councel at Law , and by them prepared for the Lords , if need were by the Commons , who sometimes Petitioned the King that some of the Lords might be sent to confert with them ; at all their conferences with them do stand uncovered , whilst the Lords dosit covered , & when any of their Members are by the King's grace and favour created Barons or Earls and called into the House of Peers , are to receive others to be Elected in their places , cannot of or by themselves redress undue Elections , could not go home without licence of the King , nor have their Wages levied and paid by their countrys without his Order and Writs . And being with those requisites and precautions come unto the Parliament to do and consent unto such things as by the King and the Lords Spirituall and temporall should be in Parliament ordained , did not Certainly sit in one Room , Chamber , or Place together . But whither they did sit in one and the same house or Place , or not , will but little contribute to the extravagant fancies of our now State-Moulders . SECT . XXIII . That the Members of the House of Commons being Elected and come to the Parliament as aforesaid did not by Virtue of those Writs of Election sit together with the King and the Lords Spirituall and Temporall in one and the same room or place ; and that if any such thing were as it never was or is likely to be proved , it cannot conclude or inferr that they were or are cor-ordinate or had or have an equall power in their Suffrages and decisions . WHich they may dream of from the beginning of the World unto the End thereof and never be able to Evidence , and if it had been so , will be such an ill Shaped argument that the Members of the House of Commons in Parliament are thereby to be believed to be co-ordinate with the King and House of Peers , or superior unto either of them as any one that was but within a little of a madman would be ashamed to propound or put it to the decision of the over-circumspect inhabitants of Gotham . For who but such disciples or proselites can find the way to imagine or believe that when King William Rufus dined at his Marble table where the Court of King's-hencb now sitteth in his large Westminster-Hall , and his Nobility and many of his Court attendants sat at their meat at their many lower table in the same hall , could perswade themselves or others to suppose an equality in degrees and Power , or that the King because they did all sit but in one room or House was no more then co-ordinate with them . For in the grand feasts of the Inns of Courts , Houses , Colleges , or Societies , for the study of our Law , the Judges , Benchers , Barristers , and utter Barristers are not so ill used as to be in danger of any the like argument , because one Common hall or room contained them all ; and the honor of the King or his Privy Councel are not diminished because there are greater or lesser degrees amongst them sitting in one and the same Councell Chamber . Howsoever if they will keep their words and promise to acquiesce in proofs that are negative to what they are so willing to affirm , and should be sufficient to convince their insane conclusions , they need not want them when Mr Pryn and many good Anthors will give us large and abundant evidences to manifest the errors of such their fond and reasonless assertions . For in the very many Councels or Parliaments of our Kings reckoned by Mr Pryn from Anno Domini 673. unto the 1st Year of King John there were no Knights , Citizens , or Burgesses for the Commons , as he positively and confidently affirmed either Summoned Elected to those many Councells or Parliaments , or present at any of them , and being not there at all there needs not to have been any question or controversy whether they Sate in one House or Room together . And when King John in the 17th Year of his Reign at the Meeting and Rebellious Convention at Running-Mede of some of his unruly Baronage ( which some of the Liberty Coyners would imagine to be a Parliament ) where those Barons were in the head of a mighty Army of their own Party , and the King had but a very few unarmed attendants with him ; Mathew Paris saith , they did in that conference or treaty for a Peace seorsim considere , and notwithstanding that Sr Edward Coke hath without any good Warrant averred that the Lords and Commons in Parliament Sate together , and that the surest mark of the division of both Houses , was when the House of Commons had at the first a continual Speaker which he mistakenly refers to Ro. Parl. 50. E. 3. m. 8. wherein a Loyal Learned Gentleman hath● against his will by misinformation been led into an Error that our three Estates the King excepted ( as they have been sometimes and but sometimes called in our Records ) State together , and that our Records bear Witness that they according to the French custom have sate in one ( House or Room ) that is to say the Lords Spirituall and Temporall within the Barrand the Commons without , for Mr Pryn in his Animadversions upon that and other of his Errors , saith , that the King's Writs to Summon the Prelates and Peers interesse nobiscum & cum caeteris Praelatis , Magnatibus , & Proceribus Regni sui ( did not intend the Commons , Knights , or Burgesses , ) tractaturi vestrumque concilium impensuri neither did in all probability direct or intend that the Commons should joyn or sit with them as both the Writs and practice have ever since evidenced , and that all that that Roll of 50. E. 3. doth import , is but that the Commons came to the Lords House and had sometimes conference with them , but that they sate or debated together is no way proved , but contsadicted by many Parliament Rolls as Parl. 5. E. 3. Nu. 5. compared with Nu. 6. E. 3. Si aleront mesme les Praelats & Procurators de Clergy par eux mesmes & les ditz Counties , Barons , & Grauntz par eux mesmes whose report being drawn up and then read before the King & les Prelatz Chivalers de Counties & les gentz des Commun furent pleysantz a eux touz & par nostre Seigneur le Roy , Prelatz , Countes , Barons , & autres Grauntz & auxuit par les Chivalers des Countes & Gentz des Commun furent pleinement assentuz & accordez at a Parliament in the 6th Year of the said King he requiring the advice of his Parliament touching the French affairs and his voyage thither , they treated and deliberated C'est assavoir les Prelatz par eux mesmes & les ditz Countes , Barones , & autres grauntz par eux mesmes & auxuit les Chivalers des Countes par eux mesmes , and then gave their advice so in the Parliament reassembled at York in the Utas of St Hillary , in the same Year the Prelates , Earls , Barons , and great men by themselves et les Chevalers des Countes & Gentz des communs par eux mesmes treated of the business propounded unto them ; and in the Parliament holden at York the Fryday before St Michael in the same Year , as q'eux Prelatz ove le Clergie par eux mesmes & les Counties & Barons par eux mesmes Chivalers & Gentz des Countes & Gentz de la commun par eux mesmes , en treteront & imparterent temps 4. Vendredi prochein suont , & mesmes le Vendredi en plein Parlement les Prelatz par eux mesmes les Countes , & Barons par eux mesmes , & les Chivalers des Countes par eux mesmes , & puis toutz en commun responderont ; and the like we read of the Prelats , Earls , Barons and great men eux mesmes Chivalers & Gentz des Countes of the Knights , Citizens , and Burgesses and Commons separate consultations by themselves , and their several answers to the Articles and businesses propounded to them in the Parliaments of 13. E. 3. N. 6. 10. 11. part 2. N. 5. to 9. 14. E. 3. N. 6. 11. 17. E. 3. N. 9. 10. 11. 55. 58. Ro. Parl. 20. E. 3. N. 10. 11. Ro. Parl. 25. E. 3. N. 6. 7. Ro. Parl. 28. E. 3. N. 55. 56. Ro. Parl. 36. E. 3. N. 6. 7. Ro. Parl. 40. E. 3. N. 8. Ro. Parl. 42. E. 3. N. 7. Ro. Parl. 47. E. 3. N. 6. & Ro. Parl. 50. & 51. when the Commons had a Speaker and departed to their accustomed place in the Chapter-House of the Abby of Westminster . And ●aith Sr William Dugdale at the Parliament holden at Gloucester in Anno Domini 1378. in the Reign of King Richard the 2d , in refectorio de armorum legibus tractabatur aulae autem hospitium communi Parliamento erat deputata . Porro in camera hospitii , quae camera Regis propter ejus pulchritudinem antiquitus vocata est concilium secretum inter Magnates versabatur ac in domo capitulari concilium commune . In the said Kings Reign the Knights and Burgesses were called by name in presence of the King. In the great alterations betwixt the Lords and Commons and King Henry the 4th in the 9th Year of his Reign , and a pacification and endeavour to reconcile the Lords and Commons , the King sent unto the Commons to come before him and the Lords . In a Parliament holden the 13th year of his Reign the Commons of Parliament were called at the door of the painted Chamber in the Kings Palace of Westminster , and came , which shews that they did not usually sit there . In the 33. of King Henry the 8. The Duke of Suffolk then Lord Steward commanded the Clerk of the Parliament to call the Names of the House of Commons , unto which every one answered , being all in the upper house , below the Barr , and then the King came . Nor was or is it likely to be within the verge or neighbourhood of any truth or reason , that such an inferior sort of men as some citizens and Burgesses to be elected out of so many Citys and Boroughs , as those enforced writs of Elections in Anno 49. H. 3. Designed , when the Nobility , and Gentry , and the Laws of those times , not only held but believed it to be a disparagement to a whole Kindred to Marry with the Daughters of Burgesses , who might be understood to be either their Tenants , or Dependents , should presume or be allowed to Sit in one and the same Chamber , room , or place with their King , sitting in his throne or chair of estate , encompassed with his more noble and greatest councell , the Lords Spirituall , and Temporal , the Peers in Parliament , where none but the Peers themselves and their Assistants , are permitted to sit , and do then also sit uncovered , when the civill and Caesarian Laws , and the Laws , and reasonable Customes of nations , do so distinguish betwixt the noble and ignoble , as if a Gentleman be present , the ignoble or common persons shall arise from their seats , and give diligent heed when he speaks ; and it is a peculiar honor due unto gentry to sit upon benches or seats , and those who are otherwise , are not to take the right hand of them , or the chiefest seats in the company , or to sit next the Judge before them , are not to be so much valued in their testimonies ; and more credit ought to be given to the Oaths of two Gentlemen produced as witnesses , then to a multitude of the vulgar or ignoble persons , & though many and great privileges are and have been in the civill Laws given and allowed to the Honorable Order of Knighthood , and that our Kings and common laws have given unto them great respects and privileges , which are and have been to these our dreggy and worst of times enjoyed , yet it can be no disparagement to that ever to be esteemed Order and Degree , to have it affirmed and believed , that it hath been from the 21th year of the Reign of King Edward the 1st . to this our present century , and scarcely slipt out of the memories of aged men , no unusuall thing that many of the Knights of the shires and Burgesses , elected to be members of the house of Commons , have been the Secretaries , Stewards , Feodaries , or domestick Servants , Reteyners , Tenants by Knights-service or Petit Serjeanty , Castle-guard , or managers of some part of the Lands and Estates of the Nobility and great men of the Kingdom . And as to that which some that are unwilling to Submit to the powers of truth and right reason , will be ready to object , that in the 3. year of the Reign of King Henry the 8th , a Committee of the Lords have come into the House of Commons to confer with them , and probably , saith Mr Elsing , might during the time of that Conference sit with them , yet it was but pro hac vice and not constantly or at any other time . And when King James in the 7th year of his Reign was pleased to order the Lords and Commons to sit in the Court of Requests , the Lords on the right hand by themselves , and the Commons on the left , they did then sit distinctly as out of their separate houses to be Spectators of the creation of Prince Henry to be Prince of Wales , and could be no more an argument for those contrivers who are enforced to pick up any thing that they can imagine may be for their purpose , then that of the fatal over-eager prosecution of the late Earle of Strafford at the suit & instance of the house of commons upon their unlucky bill of Attainder in Westminster-hall , whether his late Majesty ( afterwards murthered and martyred ) had from their separate and distinct houses for that only business , dislocated and transferred them . SECT . XXIV . What the clause in the Writs for the Election of Knights , Citizens and Burgesses to come unto the Parliament , ad faciendum & consentiendum , do properly signify , and were intended by the said Writs . Of Election to be Members of the House of Commons in Parliament . FOr Assensum dare est probari l. 2. c. de relation . Consensus denotat aequalitates sententiarum , cogitationis & voluntatis . And facere duplici modo accipitur , aut pro nudo facto , aut eo quod effectum juris post se relinquit , si nudum est factum , nihil aliud significat quam corporalem effectionem , veluti fossam fodere , Romam ire &c. Quando autem effectum juris post se relinquit , omnemomnino faciendi causam complectitur , dandi , solvendi , numerandi , judicandi , l. verbum 218 , F. de verb. sign . item reddendi l. 175. eodem tit . & restituendi quo intellectu pro gerere & reddere accipitur & pro eo quod est tradere l. verbum 54. F. de verb. elig . l. extat F. quod me Cod. ad l. faciend . de verb. sig . Hinc facere posse vel non posse in jure Civili pro Solvendo esse vel non esse sect . pend . de act . 3. de constit . per l. 14. sect . 1. & posse F. de re . Consentire est in unam Sententiam concurrere l. 1. F. conventionis . F. de pactis sic accipitur in l. consensu F. de action . & oblig . consentire videtur qui praesens non contradicit l. 7. in fine Gothofred ad l. 2. in prin . F. consentit item qui non repugnat l. 12. de spons . consentire dicitur cum duorum voluntates in unam concurrunt utroque approbante & sciente , & consensus proprie non dicitur nisi qui verbis expressus est l. 1. sect . voluntatem . Non qui cogitat aut loquitur proprie dicitur facere , sed agere , Cumtamen quicquid fiat etiam agi dicitur . And it neither is or ever was intended that the Commons Assembled in Parliament were to ordain , but to consent unto and obey such things , as their King and Sovereign by the Councel and Advice of the Lords Spirituall and Temporall should ordain . And therefore they will be foully mistaken , and run over head and ears into the grossest of errors , if they shall suffer themselves to be Seduced into a groundless opinion that they can , and are to advise the King in the making or repealing of Laws , as the Lords Spirituall and Temporall are , or that they are to consider or advise with their Sovereigns , or have as great an interest or charge incumbent upon them in the weal publick , and that the giving their assent is to be as a causa efficiens sine qua non . For if they will take the pains to consult our Old Historians and the Grants and Charters of our former Kings and Princes or great men , and the subscriptions thereunto , they will find the assent of all the subscribers , but the Donors , to signify no more then approbations , or testimonies of witnesses , of which Ingulphus , Eadmerus , with Mr. Seldens annotations thereupon , and his tittles of honours , Mathew Paris , and Sr William Dugdales Monasticons will afford us plentifull proofs and examples , and it will be beyond the reach of credulity it self that all or any of such subscribers , except the Donors , had any proper or just interest of their own thereunto either to promote or hinder it . As in that Charter made by Witlafius King of the Mercians in Praesentia Dominorum suorum Egberti Regis West-Saxoniae & Athel 〈…〉 ulphi filii ejus coram Pontificibus , & proceribus majoribus totius Angliae in Civitate Londonia , ubi omnes congregati sumus pro concilio capiendo contra Danicos piratas littora Angliae assidue infestantes signo sanctae crucis confirmavit ; or in that in Anno Domini 833 , the grant of great quantities of Lands to the Abby of Croyland attested by ✚ Celnothus Archiepiscopus Cantuariensis consului . ✚ Ego Euboldus Archiepiscopus Eboracensis consignavi . ✚ Ego Osmundus Episcopus Londinensis collaudavi . ✚ Ego Helmstanus Episcopus Wintoniensis assensum praebui . ✚ Ego Herewicus Episcopus Lichfieldensis consensi . ✚ Ego Cedda Episcopus Herefordensis aspiravi . ✚ Ego Adelstanus Shireburnensis Episcopus procuravi . ✚ Ego Humbrithus Helmari Episcopus probavi . ✚ Ego Wilredus Dommocensis Episcopus annui . ✚ Ego Herferdus Wigornensis Episcopus gratum habui . ✚ Ego Godwinus Roffen Episcopus favi . ✚ Ego Hebba Abbas de Medel Hamsted ratificavi . ✚ Ego Ambertus Abbas Ripadii interfui . ✚ Kincuinus Abbas de Bardeine astiti . Ego Egbertus Rex West-Saxoniae concessi . ✚ Ego Adelwulphus filius Regis West-Saxoniae consensum dedi . ✚ Ego Wulhardus dux affui . ✚ Ego Athelstanus dux audivi . ✚ Ego Herenbrithus dux acceptavi . ✚ Ego Swithinus Presbiter Regis Egberti praesens fui . ✚ Ego Rosa scriba Regis Withlas●i manu mea Chirographum istud scripsi . And King Edgar in his Charter and confirmation to the Church of Glastenbury , using the Title of Ego Edgar divina dispositione Rex Anglorum caeterarumque gentium in circuitu persistentium Gubernator , & Rector , viz. Dunstano Dorobernensi & Oswaldo Archiepiscopis adhortantibus , consentiente etiam & annuente Brithelmo Episcopo Fontanensi , caeterisque Episcopis , Abbatibus & Prioribus cum sigillo sanctae Crucis confirmavit , Ealfgina ejusdem Regis mater consensit ; Ego Kennadius Rex Albaniae adquievi ; followed by the consent of divers Abbots , Dukes , and Servants of King Edgar , communi concilio Optimatum suorum in the 12th year of his Reign . And the same King founding a Colledge or Abby near unto Winchester Church had the consent or approbation of Dunstan Archbishop of Canterbury with a corroboravi of Edmond and Edward Clitones or sons of that King then under age , of Alfthryth the Queen with a Crucem impressi , of Eadgifu the Kings grandmother with a Consolidavi , of Oscytil Archbishop of York with a confirmavi , of the Bishop of Winchester with a Benedixi , the Bishop of London with a Consolidavi , Osulf Bishop Confirmavi , Oswold Bishop Consignavi , Alfwold Bishop Consolidavi , Byzethtlen Bishop confirmavi , Alfetan Bishop consolidavi , Eadelm Bishop Confirmavi , Athulf Bishop consignavi , Wensige Bishop confirmavi , Aescwig Abbot consolidavi , Osgar Abbot consignavi , the confirmation of two other Abbots and the newly instituted Abbot of the foundation of Alfhere Duke followed by 5 Dukes more and 8 ministri or Thanes of the King , who as Mr Selden in his comment thereupon noteth , nempe plerumque ut Regius Cliens aut minister Aulicus fundum eo nomini possidebat , those ages believing that consentientes et facientes pari constringuntur poena , in the hindring or not performance thereof , as in that grant of Aethelred Anglorum Bas●leus of land to the Abby of St Albans in the year of our Lord 996. said to be assented unto and confirmed by the Queen , 10 Bishops , 8 Abbots , 4 Dukes , 8 Thanes , or servants of the Kings who had no right or intelest in those lands ; and in an Original Charter of King Stephens , by which he gave Sutton to the Church of Winchester in exchange for Morden , after the subsigning of divers Bishops & Earls and some others that were great Officers , there were 17 that subscribed with the Title of Barons . And when Aethelbald in the Year of the Incarnation of our Saviour Christ , 730. as his Charter mentioneth Domino donante Rex non solum Mercor sum , sed & omnium provinciarum quae generali nomine Angli dicuntur , did grant Cumberhto 10. Cassatas terrae , cui ab antiquis nomen est indicum Husmerat , juxta fluvium ●tur , subscribed with ✚ Ego Aethelbald Rex Britaniae propriam donationem confirmavi , subscripsi , ✚ Ego Unor Episcopus consensi , & subscripsi ; ✚ Ego Unilfridus Episcopus ( jubente Aethelbaldo Rege ) subscripsi ; ✚ Ego Aethelric subre gulus , atque Comes Gloriosissimi principis Aethelbald , huic donationi consensi & subscripsi ; ✚ Ego Ibrorsi magnus Abbatis consensi & subscripsi ; ✚ Ego Heardberht frater ( atque dux ) praefati Regis consensi & subscripsi ; ✚ Ego Ebbella consensum accommodans subscripsi ; ✚ Ego Onec . Comes subscripsi ; ✚ Ego Oba consensi & subscripsi ; ✚ Ego Sigibrid consensi & subscripsi ; ✚ Ego Bercot consensi & subscripsi ; ✚ Ego Ealdoult consensi & subscripsi ; ✚ Ego Caila consensi & subscripsi ; ✚ Ego Pedo consensi & subscripsi . And the meer consent of a Tenant to his Landlords or Lords grant by Attornment doth not encrease or enlarge his former estate , but is only a consent and agreement unto that grant or as an obliging taking notice thereof : And where an Archdeacon , Dean and Chapter are Summoned to Parliament act tractandum , they neither did , do , or can claim any other power beyond their obedience to what should be ordained by their Superiors . The choice or Election of a Verdurer in a Forrest by the Kings Writ , doth not make those that did it , the owners thereof ; and the Election of a Coroner by the like Authority to collect and take care of the Kings rights and profits , did never yet truly and rationally signify , that the Electors were the Masters of them ; neither doth the assent of the Freeholders in a Court-Baron or Leet , devest the Lord of the Manor or Court-Leet of any part of his Right , Propriety , or Jurisdiction therein . For to assent in the aforesaid enforced Statute de Tallagio non concedendo , without the assent of the Prelates , Earls , Barons and Commons of England , viz. That Tallage or Aid shall be taken , or leavied by the King or his Heirs in his Realm without the assent of the Arch-Bishops , Bishops , Earls , Barons , Knights , Burgesses , and other Freemen of the Land ; which Tallages were the prises ( as Walsingham mentioneth ) taken de bobus vaccis , frumentis , bladis & coriis , ( purveyance taken against his preparation for Warrs in Flanders ) de quibus tota Communitas Angliae gravabatur , but was never granted and intended , either in words express or tacite , to give either unto the House of Peers or Commons Jointly , or severally , a Negative Vote , or deniall , or a Legislative power , but only to free themselves from those Tallages and Prises complained of , which had such a force and obligation upon them , and placed in them such a reverence and awfull respect to their King and head , as they did subordinately , not seldom , obtain their Kings Leters-Patents to license , or impower them , Talliare Tenentes suos de dominico suo . And although the Commons in Parliament in the 2 year of the Reign of King Henry the 5th had in the Advantage , which they suppose they might sasely adventure upon in a Time of Usurpation , assumed and arrogated to themselves a Legislative co-ordinate power in the making of Laws which other then Petitionary as Subjects to their King , none of their predecessors before or since the 48th year of the Reign of King Henry the 3. ever had or obtained , untill the last Horrid Rebellion in 1642. when they would make heedless and headless ordinances instead of Statutes or Acts of Parliament without their King , and would not forsake their madness untill they had Murthered that Blessed Martyr King Charles the I. yet the answer of King Henry the 5th to that Petition and claim did so manifestly deny to give any allowance thereunto as one of their greatest Champions and Underminers of our Fundamental manarchick Laws could afford , without prejudice to his the grounded cause to give posterity , that Kings answer thereunto but concealed it as a conviction not to be devulged to their seduced Proselites . For in the making of a Bishop , wherein the King is acknowledged by the laws of England , truth and Right reason , to be the only true and proper cause of making him a Bishop , and the impositions of hands by some of the Presbyters Subservient unto him in his Diocess which was but Ceremoniall and much less then the ornaments of Aarons garments in his multifarious priestly Attire , and could never make or ordain him a Bishop without the King , or give him Livery of the Lands appertaining to the Bishoprick ; neither doth any Law or right reason of any Nation or the dictates of holy Writ enable any to believe that the assent of the Woman or Wife in the holy Rites of Matrimony , could or should ever entitle her unto a command and superiority over her Husband , or Annihilate the Decree of Almighty God in the framing and forming of Man and Woman kind and order of the subservient government of the World. And it would be an Engine mathematicall , or contrivance Worth the Enquiry or finding out , if it could be possible , how to settle or make our most excellently composed Monarchick Government usefull in its Legislative power , if the Houses of Peers and Commons in Parliament should disagree who but their King and Superior can or could be able to reconcile their discording Votes , Opinions or Resolves . For our Records Histories Annals and National Memorialls have never yet found or so much as mentioned any Laws Statutes or ordinances made in Parliament or out , without le Roy le voult or his fiat or grant , or the grant and assent of the Custos Regni or his Lieutenant Commissionated by him made by an House of Peers or Commons or party of them as it were in Parliament , untill the Devil in a Religious habit taught it unto the last most horrid of incomparable Rebellions , or that any House or number of Peers ever did or attempted to do any such thing or matter without the Kings le Roy le veult fiat assent or ratification , or that of his Castos Regni or Lieutenant Commissionated by him , Except that which was done by Symon Montfort and his Rebell partners in Annis 48. 49. Henry the 3 against that distressed over powred Prince ; when they had taken and kept him a prisoner for more then a Year , and by fear and by force issued out Writs in his name for an Original of an House of Commons in Parliament , and owned and acted what they would have him , or constrained him to do in his name , and as by his sole authority neither as Ego & Rex meus or Senatus populus quō Anglicanus ; neither can the Eyes of any far-seeing Linx or Lynceus , or any Perspicuity , clearness or strength of sight , or the greatest of industry search or scrutiny whatsoever of our records or Historians , or even of our Neighbor nations , find or make any but Fools or Knaves or Criminals of the highest nature believe , that any Law was ever made in England or concerning any part of its dominions or teritories without their Kings regal Assent , Will or Dictate , untill that House of Commons made that most damnable ever to be abhorred wicked Vote or Order , which they would have called a Law , for the Murder of K. Charles the First , Two of the principal Contrivers whereof Cromwell and Bradshaw have since had their Carcasses by a just Judgment of God thrown and buried under Tyburn a Common place of Execution for Theeves and Traytors , the worst of Criminals and Malefactors in mankind ; but lest the over hast of the designs of those that would make a gain thereby should Gallop them into Errors of no small dangers or mischiess to the publique , they may be pleased to take a little breath , pause and consider the true meaning acceptation and extent of the words Constitute Convince & Colloquium , so often and necessarily used in the Writs and Mandates of our Kings and Princes , in summoning or calling a part of their subjects unto their great Councels or Parliaments . For Constituere convenire Significat & conveniendo obligat se ad id quod jam debitum est , sic constituere pecuniam est jam ante debitam absque stipulatione promittere Theophil . in Sect de const . non solum pro alio sed pro seipso quis recte constituat . Sect. de constitut . inst . de act . debitum autem oportet esse quod instituitur , constituere possunt qui bona vel peculia habent cum libera administratione Gad. l. 182. & de verb. & res Signif . constituimus nudo consensu eoque sufficiente ad actionem producendam Sect. 9. de just act ; constituere in dignitate , munere Briss. ex F. & C. constituere quaestionem est decernere ut judicetur Constitutio in generali nomine dicitur jus quod a principe conditur Theophil . Sect. F. de jur . natur . Constitutum i. e. decretum , Constitutus dies , dies praefinitus Lex Lengobard si talis causa fuerit quam deliberare minime possit paenas constituat & distringat hominem illum de judiciaria sua i. e. diem constituit lib. 1. 2. tit . 21. And it was the duty and interest of the Commons Elected to come unto Parliament to consent unto such things as the Lords of whom they held their Lands , and stood in great awe of to gain their loves or avoid their ill-wills should advise , which with their Oath of Allegeance to the King their Superior Lord , and their Homage and Fealty done to the Mesne Lord , might perswade them to be as unwilling to forfeit their Lands as they would be to injure their Judgments and Consciences . And though in some of the Writs for the wages of the Commons in Parliament assembled , it hath by the mistaking or inadvertency of Clerks been sometimes said , that they came and tarried ad consulend . & tractand . yet the Tenor and intention of the most part of the Writs of Election for the Commons have been since the 21st Year of the Reign of King Edward the 1. as many as almost 20 for every one in the purpose , Tenor and commanding part of it , no more then ad faciend . & consentiend , and sometimes ad loquendum , and at another time ad audiendum & faciendum , upon which and no other account they came thither , and were returned as Subjects , not King-makers , Law-makers , Governours , Disposers or Deposers , and whilst they remained there , or in veniendo & redeundo , and tarried at home , were nor could be no otherwise then Subjects . And in that and no other manner certainly did King Edward the 3d understand it , when in a Parliament holden by him at Westminster in the 45th Year of his Reign there had been a great mistaking in the designed manner of levying an aid granted to the King of 22 s. and 3 d. out of every parish of England as hath been before mentioned : Upon the examination whereof after the Parliament was dismissed , the King and his Privy-Councel finding that that rate upon every Parish would fall much short of the summ intended , and not supply the publique occasions , did by an extraordinary special Writ directed to the Sheriff of every County , command them to Summon only one Knight , Citizen and Burgess of each County , City and Borough serving in that Parliament , especially named by the King in those Writs , to avoid trouble and expences , to appear at a Councel to be holden at Winchester , to advise how to raise the intended summ of Money , and directed the Sheriffs to enquire and return the number and names of all the Parishes , Churches , Chappell 's , and Prebendaries within their respective Counties , in the hands as well of Lay-men as of Clerks and Religious persons , who accordingly meeting in the said Councel of Winton . which continued sitting but 9 days , as the Writ for the Knight of Southamton expresses , and for Sussex , Berks , Oxon , Wilts , only for 11 days , and to others in like proportions , each of those Knights , Citizens , and Burgesses , though they received their expences for going to , tarrying at and returning from the Parliament at Westminster , which granted that aid to the King , and were specially again Summoned to that Councell to rectify their great mis-calculation in the aid intended and number of Parishes , had their expences by the Kings Writs allowed unto them for that purpose for repairing to , continuing at , and going home from that Councell , and in that and no other sense or manner did the Commons in that Parliament understand it . Neither did the Commons in Parliament , ( when upon the grant of the Lords in Parliament in the 13th year of the Reign of that King of the 10th Sheaf of all the corn in their demesnes , except that of their bound Tenants , the 1●th fleece of wool , and the ●0th lamb of their own Store to be paid in 2 years . They made answer that they knew and tendred the Kings estate , and were ready to aid the same , only in this new device they durst not agree without further conference with their Countries , and so praying respite untill another time they promised to travell their Countries ) think themselves to be Kings or Sovereigns over their fellow-Subjects , or that they themselves were any other then Subjects . And Sr Edward Coke having affirmed it to have been as it were a Law or Custom of Parliament , hath likewise informed us that in the 42 year of the Reign of that King , it being declared to the Parliament by the Arch-bishop of Canterbury , that in a Treaty between the Kings Councel and David le Bruce of Scotland , the last offer of the said David was , that he was willing to have ( so as he might freely enjoy to him in fee ) the whole Realm of Scotland without any subjection , or any other thing which might be accompted a perpetuall charge , concerning which the Lords and Commons being willed to give their advice made severall answers , that they could not assent to any such peace or any thing in Parliament that tendeth to the Disherison of the King and his Crown whereunto they were Sworn . For that which in all governments begot the frequency of the use of the word , assent , more especially with many of our Kings and Princes in their Laws , rescripts , Charters and Edicts , proceeding from a design and desire only of complacency to win , engage and continue the love and affections of their Subjects , and perswade them to a more willing obedience and better liking of what they had before given their assent unto , in the framing or contrivance of any Laws , orders , or reglements , which might produce a custom not easily to be abandoned or forsaken . There being no greater ties or obligations imaginable upon mankind next to the fear and obedience to the divine Laws , then Interest , Self-preservation , and publick good , and the dangers and mischiefs , which might and too often do ensue by the neglect of any or all of them . Or if the Commons Writs to attend in Parliament or their Sovereigns great Councells ad faciendum & consentiendum , had been , as they neither were or ought to be , ad consulend . & tract . super arduis , it was not super omnibus sed de quibusdam , that could not ex vi termini or the intent of their Sovereign , or by any common or rationall intendment of any other , be understood to give them an authority over their King that desired their advice , nor operate any thing to furnish them with a power which they could not claim , or to release or discharge their duty and allegiance ; nor should transport their actions beyond the energy in either the mandate or procurations , for if it should , the multitude of Counsellors which Solomon accounted to be a safety , would be as so many Masters o● dangers , and there can be nothing in the words ad faciendum & consentiendum , or the sometimes misclerkled or misapplyed words consulendum , tractandum , ordinandum , or in those at other times used words or expressions ad audiendum vel loquendum in the use , right , or genuine acceptation , intendment , signification , true Etymology or common construction of either , or any of these words , jointly or severally to make them aequalls ; Comptrollers , or masters of their Sovereigns , for though good Councell be as the eyes , ears and common senses to a Prince or Magistrate , yet it could never claim to be the soul or reason of them . For Concilium by Festus is derived a consulendo vel quod in unam sententiam plurium mentes conciliant , and Consiliarius is no more then suasor , Consultor , consulere veneranda antiquitate fuit judicare , de utili & honesto decernere : concilium & mandatum in hoc differunt quod mandatum species quaedam est imperii quod pro societate generis humani receptum est ut quod cuique negotium datum est id mandatoris periculo conficiatur . Concilium autem ab imperio alienum est , nec ullam voluntatis ejus qui consultum dat significationem habet , itaque ejus consultoris arbitrio permittit , nec utrum fiet nec ne laborat itaque ex concilio nulla nascitur obligatio , ex mandato nascitur . l. 1. in fin . & l. 2. F. & l. consil . de regul . juris . Tractare est discutere , agere vel deliberare seu disserere ; sic tractare in jus l. 1. F. 44. l. Jul. de Adult . ad tractandum id est agendum seu colloquendum l. 9. F. ad l. Jul. de Adult . Tractatus pro questione & articul . in l. 5. in pr. & F. pro F. de prescr . verb. l. ult . F. Ordo est dispositio recta antecedentium & consequentium scilicet quodque ordine suo loco collocantus . Loqui hi dicuntur qui cum quodam judicio vocem proferunt atque singula ordine collocant vel sensus aliquos verborum de reg . juris l. 2. & 6. F. rem puplic . Mando saith Martinius signifieth gerendum procurandumve , aliquid committo ut Imperiionus impono , jubeo , volo , necessario fieri est autem mandare alicui personae gerendum , aliquid exequendumque committere , mandatum est conventio qua is qui rogatur procuratoris animo id se recepit gratuito daturum facturumve , mandamus libero homini , villico , aut servo imperamus mandata appellantur praecepta principum quae praesidibus provinciae profiscientibus dabantur quibus omnis eorum potestas continebatur , l. 1. & leg . 19. F. de Offic. l. 27. in fine & l. 33. F. de Jnre proconsul . And Colloquium is no more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to talk or confer together . Bracton calleth the Parliament Magna Curia , & Communis reipublicae sponsio , and in the beginning of his Book writeth in this manner , Lex vigorem babet , quicquid de Concilio & consensi Magnatum & reipublicae communi sponsione , Authoritate Regis sive principis praecedente Juste fuerit definitum & approbatum ; the Register of Writs in the Writs of Wast & Cessavit stileth it Commune Concilium regni , Henry of Huntington termeth it Magnum placitum , when speaking of a Parliament he doth it in these words , fuit in nativitate sanctae Mariae magnum placitum apud Northampton , in quo congregatis omnibus principibus Angliae deliberatum est quod filia sua rediretur viro suo Comiti Andegaviae . Ordinare i. e. judicium , causa , res , l. 24. l. 25. & ordinare postrema vel suprema judicia l. 15. C. de testam , which the Commons cannot claim , when by their Writs they are Elected , only ad faciendum & consentiendum iis , which the King by the advice of the Lords Spiritual and Temporal should ordain , & facere absolute est facere judicium & suffragium dicitur vox illa qua unusquisque declarat suam voluntatem , Et pro auxilio accipitur , Et suffragium dicitur proprie acclino deinde per Metaph. assentio , foveo , auxilior , Et significat succurrere , auxilium dare , Et voces quae dicebantur in Comitiis cannot be understood to make every Vote or opinion , which is but recens & imbecilla assensio , to have the force of a Law : Et opinio quod incerta est is not to be esteemed either as a Law , or any thing more then an Embrio , or something more then a wish or desire ; and if it grow not up into a Law , is to return into a Vote , only with Quid enim nisi vota supersunt , and must not claim to be a Law , when it hath got but a third part , or the smaller of the way unto it , and should not adventure to enforce as many as they can to believe a Vote of the House of Commons in Parliament to be a Law like that which hath been said of the Laws of the Medes and Persians ( who are now and long have been under an Arbitrary Government ) irrevocable , when as the Commons in Parliament have been from the first originall or beginning of it in the 49th Year of the Reign of King Henry the 3. and for many ages past , and are and should be no more then ( as Sr Edward Coke saith ) a Grand Enquest , as men that were most Cognisant , that best knew the grievances of their Countries with what might be their proper remedies , and their abilities or disabilities to aid their Sovereign , and assist the publick good , being the truest , most intelligent and most considerate Judges of their own Interest , and the right and only use of their being Elected appeareth by the use and reason thereof to be no other in Parliaments then Informers of grievances , and are to be Petitioners for Laws or Remedies . When it is Judicis Officium , that is to say , the Suprema potestas , which in England was never yet proved or rightly understood to reside in the People or any other then the King ; and in valde dubiis opinionibus in quibus non appareat quae sit magis communis rationes quae ex utraque parte efficaces adducuntur Trutinare & non est dubitare de iis quae lege vel apertaratione monstrantur Qua propter opinio quaelibet contralegem & veram rationem & vana est . And if any should be so wild or gone out of their reason as to endeavour to make an Assent to be aequivalent , or as much as an innate Authority , or any Effect of a Superiority , or so much as a resemblance thereof , they may as well undertake to assert that the Prelates , Earls , Barons , and Commonalty of Engl. had power to create Edward the black-Prince , Son and heir apparent of King Edward the 3d Prince of Wales , and to give him the Principality thereof , because that great and victorious King in the 11th year of his Reign , did grant it unto him , concilio et concensu Praelatorum Comitum & Baronum & Communitatum Regni sui ( non suorum ) Angliae in generali Parliamento ; when in the preamble thereof , he declared , that he did it de serenitate Regalis praeeminencia , and the Commons in Parliament in the 50th year of the Reign of that King , after that the Archbishop of Canterbury had spoken much in the commendation of Richard de Burdeaux , Son and heir of Edward late Prince of Wales , Son and heir apparent of the Realm , did with one voice pray the Lords ( so ignorant were they then of their own supposed co-ordination and so over-valuing the power of the Lords ) that they would make him Prince of Wales as his father was . Who answered , that it lay not in them but in the King so to do , but promised to be Mediators for him . So as they who would pretend to such a large representation of the people , are to remember , that they can give no power but such as they are themselves justly and by law entitled unto as Subjects , obeying in their Elections the words , intention , and true meaning of their Sovereign , who did cause them to be Elected to come unto his Parliament , with a consenting , performing and obeying power only , but not an equall , coordinate or Superior ; and that it hath been a ruled and allowed case thorough all the Nations of the World , and the Ages thereof , that nemo plus juris dare potest quam in se ipso habet . And however that prudent Prince King Edward the 1st . did ( for the avoiding of some troubles which a remnant of his and his fathers unquiet Barons would have put upon him and his people , whom he was bound to protect , ) condescend to that Act of Parliament , that no Tallage or aid should be granted , without the consent of the Archbishops , Bishops , Earls and Barons , Knights , Citizens , Burgesses and Freeholders of the land , put himself and them under the frailty of the good and kind will and intentions of a part of his subjects , yet he could not find either any cause or reason to doubt or suspect , that they or any of their posterity should so little follow the conduct or manage of their understanding , the care of their self-preservation , and the prevention of the ruine of their private in the publick , as not to submit to that known , and almost every where approved rule or Aphorisme of wisdom , that Publica privatis anteponenda sunt , and that of the Poet , Tunc tuares agitur paries cum proximus ardet . Or that any , if not an enemy to himself , his posterity and his Country , as much as a Traytor to his King , would in a case of publick necessity , when every man was as greatly concerned to defend themselues , their King , Country and posterities , by a giving giving a timely aid and assistance , ai if it had been pro Aris & focis , and Hannibal had been at Porta's , have been either forward or backward to gard and relieve themselves , their King and Country and not make hast to imitate the Romans , ( who at other times Factious and Seditions enough ) would not suffer the more prudent Fabious the preserver of his and their Country , even in the mioest of their discontents and murmurings that he made no more hast to fight and beat the enemy , to want their help , either with men or money . When as Bornitius saith , Quicquid boni homo Civisque habet & possidet quod vivit , & libere vivit , quod bene , quod Beate , omniumque rerum & bonorum usu & interdum etiam copia ad voluptatem utitur . fruitur , totum hoc beneficium Reipublicae civilique ordini acceptum est reserendum And that omnis homo & res singularum in Republica conservari nequeant nifi conservetur Respub . sive communis adeoque singuli sui causa impendere videntur qnicquid conferunt in publicum usum . And St Chrysostome was of the same opinion when he said , that ab antiquis temporibus communi omnium sententia principes a nobis sustinere , debere visum est ob id quod sua ipsorum negligentes communes res curare universumque suum otium adeo impendunt quibus non solum ipsi , sed quae nostra sunt , salvantur . And Zechius saith , Regi competunt ratione excellentiae ejus dignitatis quae Regalia dicuntur , and that multa adjumenta sunt ei necessaria ut dominium totum & externa tueri valeat . With whom accordeth Bodin , informing us , that Sine majestatis contemptu fieri non potest , ea res enim peregrinos ad principem aspernandum & subditos ad deficiendum excitare consuevit . For surely it was never rightly understood that their Membership of the House of Commons in Parliaments did abridge or lessen the Superiority of their Sovereign , as may be evidenced by the procedures and affairs of all the Parliaments of England , from the beginning of their admission thereunto untill the late unhappy distempers thereof . It having been by long experience Tried and found to be in Government a Policy as successfull as prudentiall , to gain in the making of Laws the approbation and good-liking as much as may be of those that are to obey and be guided by them , to the end that they may the more easily take effect & be put in execution , and that all occasions of Envy , Dislike , Hatred and Calumny , might be taken from the Prince and his Ministers of State , which advised or promoted them ; which ( as Zanzini di Recanati hath reported ) was a custom and usage of our Neighbours the French , in and since the Reign of their Charlemayn , and the succeeding Kings untill the Reigns of some of their later Kings and Princes . Which could not be without some variations in the Writs of our Kings and Princes Summoning or calling some of their Subjects their great Councels or Parliaments , which may be fully evidenced . SECT . XXV . Of the many Variations and Alterations of our Kings Writs of Summons to their great Councels or Parliaments , Excluding some and taking in others to be assistant in that high and honourable Court , with its Resummons , Revisions , drawing of Acts of Parliament or Statutes by the Judges or the Kings Learned Councel in the Laws and other requisites therein , necessarily used by the Sole and Individual Authority of our Kings and Princes . FOr in the 22. or 23. E. 1. the Sheriffs were authorised to Elect Citizens and Burgesses , which they have since used to do by their precepts to the Mayors , Bayliffs &c. The Writ for the City of London , Anno 26. E. 1. was to Elect two Citizens ; another in 29 , for 4 ; 1. E. 2. for 2 ; 32. E. 3. no more ; Anno 34. E. 3 to Elect 4 ; and had usually Elected , and returned 3 or 4 Citizens to serve in Parliament upon sundry Writs requiring them only to Elect two , as in Annis 6. 7. 8. and 15. E. 2. Annis 1. 6. 9. 11. 12. 14. 20. 21. 22 , E. 3. and Mr Pryn's opinion was that such kind of Elections were made good and effectual only by the subsequent allowances of our Kings unto whom all those returns were made , and who in those times determined all the rights of Elections and numbers of the Knights , Citizens , and Burgesses to be elected . And heretofore Burgesses only of every Borough in Dorsetshire by assent of the rest elected and returned their Burgesses in the County Courts on the day of the Knights election all by one joint Indenture , and so continued to do not only in 3. 5. 8. 9. H. 5. 7. and 20. H. 6. but after the Statute of 23. Henry 6. as the Indenture of 33. of Henry 6. doth attest . In 27. E. 1. no Judges appear to have been Summoned to that Parliament . Nor to another in the same Year . Divers of the Writs of Summons in the Reigns of Edward 1. E. 2. E. 3. did specify the causes of Summoning the Parliament , but for the most part they were generall , as at this day , and none speciall after the 7th Year of the Reign of Richard 2. The Parliament being prorogued , for that the King could not be present the same day , new Writs of Summons have been antiently sent forth , and another day appointed as in 6. E. 1. 23. E. 1. 11. E. 2. Edward the First in the Thirty Third Year of his Reign having Summoned a Parliament to meet at Westminster die Martis in quindena Purificationis beatae Mariae Virginis proximo pro quibusdam negotiis regnum suum Angliae nec non & stabilimentum terrae suae Scotiae directing his Writ to Edward Prince of Wales his Son , & aliis Magnatibus & proceribus Regni sui to be there tractatur , & concilium suum impensur . did the 22d day of that January direct other Writs unto them , declaring that at that day propter aliqua impedimenta legittima postmodum a latere emergentia ibidem commode interesse non possumus quod nos taedet vobis mandamus quod die dominica proxima post festum sancti Mathei Apostoli proximo futuri ibidem personaliter intersitis nobiscum super dictis negotiis tractaturi & hoc nullate 〈…〉 s omittátis . And in the same Year added a clause in the later end of his Writ of Summons , et habeas ibi nomina praedictorum militum Civium et Burgensium et hoc breve & scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem volumus primo die Parliamenti personaliter interesse per quod nolumus nec intendimus aliquem ad dictum Parliamentum Summonitum quod eodem primo die personaliter non inter sit habere ullo modo excusatum , &c. In the 34th Year of his Reign Summoned the Earls and Barons to come to a Parliament ad tractandum de & super auxilio ad Edwardum primogenitum filium Regis militem faciendum . In the 35 Year of his Reign having Summoned a Parliament to be holden at Caerlisle in Octabis Sancti Hillarii in expectation that Petrus Sabinensis Episcopus a Cardinal of the Church of Rome and a Legate of the Popes , whose Predecessor or himself had been a great Agent against him and his father for the Pope , the Kings of France and the unquiet part of the Baronage ( in the sad Afflictions of the Crown ) would be there against that time . Et idem Cardinalis came not to him to Carlisle untill the Sunday after Mid-Lent called Passion Sunday , quae nunc instat did afterwards , The 22d of February then next following , Send his Writ to Thomas Earl of Lancaster his Nephew a man of great power and Estate , and a darling of the People , Commanding him in fide & dilectione quibus tenetur firmiter injungentes quod dictis die & loco modis omnibus personaliter intersitis nobiscum super praemissis habituri colloquium & tractaturi vestrumque Concilium impensuri & hoc sub foriffactura omni quae nobis foriffacere poteritis nullatenus omittatis . Et eodem modo scribitur Episcopis & aliis Baronibus . King Edward the 2d his Son in the first Year of his Reign Summoned a Parliament to consult about his Coronation , burying of his Father , and the Solemnities thereof , and his nuptialls , and commanded the Archbishop of Canterbury to Summon the Chapter of his Church , Archdeacon and Clergy of his Diocess , the Dean and Archdeacon in their proper persons and the Chapter by one , and the Clergy by two procuratores idoneos ad faciendum & consentiendum his quae tunc de communi concilio favente Domino ordinari contigerit super negotiis antedictis & hoc nullo modo omittatis . Eodem modo scribitur Episcopis Lincoln , London , Cicestren , Oxon. In the 2d Year of his Reign the Sheriff of Yorkshire returned a Writ of Summons to the Parliament that he had according to the Tenor of the Writ made Proclamation that none should come armed to the Parliament . Some of our Kings after Writs of Summons to some Temporal Lords and Bishops have countermanded them and commanded others to continue at their Charges . In the 7th Year of his Reign a Parliament being called to be holden at Westminster , the King understanding that Johannes de Insula and some others had appointed the Assizes to be held in the Bishoprick of Durham and the Northern parts , did within a few days after the appointing of the sitting of the Parliament send his Writ to command him , that omitting his holding of the Assizes he should in person be at Westminster at the day appointed , & hoc sicut indignationem nostram & grave dampnum vestrum vitare volueritis nullo modo omittatis T. R. apud Windsore 17 die Septembris . per breve de privato sigillo . In the 8th Year of his Reign sent his Writ to Thomas Earl of Lancaster , that omnibus aliis praetermissis he should be present at the Parliament , wherein amongst the Barons the Judges and others were Summoned . per ipsum Regem . In the 18th Year of his Reign having Summoned the Earl Marshal to be at a Parliament to be holden at Winchester , Secunda Dominica Quadragesima proxime futura , and being informed by some of the Nobility that by reason of the shortness of time , they could not sufficiently provide themselves , did prorogue the Parliament to Octabis Paschae prox . futur . there to consult about the Defence of Aquitaine and his passage . In the 20th Year of his Reign he Summoned a Parliament to be at Westminster to treat with the King , if he should be there , or in his absence with the Queen and the Prince his Son. In the 2d Year of King Edward the 3d the Sheriff of Yorkshire sending his precepts to Richmond and Rippon to Elect Burgesses , they answered they were not bound to Elect any , and would avoid the charge of their expences . In the 3d Year of his Reign Termino Paschae the Bishop of Winchester was Indicted in the Kings bench for departing from the Parliament at Salisbury . Anno 4. Edwardi 3. the King Summoned Thomas Earl of Norfolk Earl Marshal of England his Uncle to the Parliament with these words in the end thereof , viz. quod si quid absit propter absentiam vestram dicta negotia contigerit retardari ad vos prout convenit graviter capiemus . Having called a Parliament to consult about the affairs of Acquitain , and Summoned the Archbishops , Bishops , &c. to the aforesaid Parliament , and a peace by the French Embassadors being made in the mean time de assensu Praelatorum Comitum , & Baronum , did by his Letters ( or Writs ) signify to them his pleasure that they should not come . Commanded the same Knights and Burgesses that had been at the Parliament at London , & quibusdam certis de causis recesserunt to appear at a Parliament at Westminster , seu alios ad hoc idoneos . In the 6th Year of his Reign by reason of some stirrs in the North-parts of England Summoned a Parliament at York , commanding them to be personally there , giving them notice quod propter arduitatem negotiorum praedictorum cessante impedimento legitimo praesentia vestra carere non possumus ista vice . And Summoned the Prelates , and Nobles to a Parliament at the same place , and signified that he would not admit of any Proxies , and the Archbishop of Canterbury with some Bishops not appearing , to the King 's great disappointment , he did by a Writ of resummons directed to the said Archbishop , 17 other Bishops , 13 Abbots , 40 Magnatibus & aliis therein-named , reciting that he had demanded an ayd and advice of the Prelates , Peers , and Knights of the shires then present , who deliberato concilio responsum dederunt quod in tam arduis negotiis sine Archiepiscopi , & aliorum Praelatorum , Magnatum , & Procerum praesentia concilium & assensum praebere non possent nec debent , did earnestly supplicate him to continue and prorogue that Parliament ad diem Mercurii in Octabis Sancti Hillarii tunc prox . Sequen . & interim ceteros Praelatos , & Proceres tunc absentes convocari faceremus ac nos quanquam hujusmodi dilatio nobis damnosa & periculosa plurimum videatur eorum petitione in hac parte annuentes Parliamentum praedictum usque ad Octavas praedict . duximus continuandum seu prorogandum ac Praelatis , Magnatibus , Militibus , Civibus , & Burgensibus injunximus quod tunc ibidem interfuerint quacunque excusatione cessante ac omnibus aliis praetermissis ne igitur contingat ( quod absit ) dicta negotia ad nostri & Regni nostri dampnum & dedecus per vestri seu aliorum absentiam ulterius prorogari vobis in fide & dilectione quibus nobis tenemini & sub periculo quod incumbit districte injungendo mandamus quod omni excusatione cessant sitis personaliter apud Eborum in dictis Octabis nobiscum & cum caeteris Praelatis , & Magnatibus dicti Regni nostri super dictis negotiis tractatur . & vestrum concilium impensur . sciatis quod si per vestram contigerit dicta negotia ( quod absit ) ulterius retardari dissimulare non poterimus quin ad vos exinde sicut convenit graviter capiemus . Teste Rege apud Eborum . 11. die Decembris . In the same Year on a Saturday , the House of Commons had leave to depart , and were commanded to attend untill the next day on which the Parliament was Dissolved . In the several Parliaments of 6. Edwardi 3. and 2● . E. 3. the cause of Summons was declared by those that were appointed to do it by the King 's verball Command only and not by any Commission . In the Year next following Receivers and Tryers of petitions were appointed par nostre Seigneur le Roy , & son Concill , which Mr Elsing understood to be the Kings Privy-Councell . 11. E. 3. an extraordinary Writ of Summons was sent to the Sheriff of the County of Stafford concerning an aid granted by the Clergy of the Diocess of Coventry and Lichfield of 20 d. upon every Mark given to the King to free them from the oppression of the laity in violently seizing upon their Wools. 14. E. 3. The Commons prayed that the Writs to the Sheriffs for the Election of Knights for the shires might have the clause que deux miltz valuez Chivalers de Countez soient esleuz & envoyez ad prochein Parliament pour la Commune si que nul d'eux ne soit Viscount ou autre Minister . Which was agreed unto , and in the Summons of Parliament , and Writs for the Electing of Knights of the shires was inserted , that they should Elect deux Chivalers ceynct des Espees de chescun Countie pour estre en mesme le Parlement , and thereupon the next Writ was quod de dicto Comitatu duos Milites gladiis cinctos elegi facias , which continueth to this day , although many times Esquiresand no Knights are chosen , and by the indulgence of our Kings admitted , when in a Dedimus potestatem to take a fine it will not be allowed . Eodem Anno the Sheriff of Northampton was commanded quod venire fac . to the Parliament de villa Northampton quatuor de corpore Comitatus sui , sex Mercatores de discretioribus & ditioribus Mercatoribus villae & Com. praedictorum cum quibusdam Magnatibus & aliis de Concilio suo super dictis negotiis in brevi specificat eis ibidem plenius exponend . tractaturi , suumque concilium impensuri , ulteriusque facturi quod ibidem de communi concilio & assensu contigerit ordinari , and that the Sheriff , as likewise the Sheriffs of all the other Counties of England , were commanded to certify the names of the Merchants sic eligendorum with a severe admonition in the latter end of the said Writ of Summons , viz. sciens procerto quod fi dicti Mercatores de discretioribus & ditioribus ut praedicitur eligendi ad dictos diem & locum non habueris te ab ofsicio tuo amovere teque tanquam expeditionem negotionum nostrorum praedictorum impedieras & de impeditione hujusmodi culpabilem invenire absque difficultate aliqua faciemus , Teste Edwardo Duce Cornubiae , & Domino de Cestria filio nostro charissimo Custode Angliae apud Kennington . Et Eodem Anno , Strangers have been sometimes admitted into the House of Peers after a Summons , to be Receivers , and Tryers of Petitions , but did not sit . The Commons at the beginning of every Parliament are sent for out of the House of Commons to come to the Bar of the House of Lords , where the Lord Chancellor , if he be present , or in his absence one of the Lord Chief Justices , or an Arch-Bishop of Canterbury , and sometimes the Lord Treasurer , and in 9. H. 6. Linwood a Doctor of Law in the sickness of a Lord Chancellor , declared in the behalf of the King or his Lieutenant the cause at large of the Summons of Parliament , commanded them to elect and present their speaker , the Writs of Summons making sometimes a short mention thereof , and many times none at all : In 17th , E. 3. the cause of Summons was begun to be declared by the Chancellor , but pursued by Sr Bartholomew Burghurst ( concerning the Kings Actions in France . ) 15. E. 3. The King denied the Arch-Bishop of Canterbury to come into the Parliament-House untill he had answered certain Articles objected against him in the Exchequer , and then also refused him entrance , untill at the last at the intercession of the Lords , he was admitted . In Anno 16 of his Reign Prince Edward his son Duke of Cornewall and Custos regni , with others of the Councell summoned a Parliament in his fathers name , to grant him an aid , being then in his Wars beyond the Seas . The King in the 18th year of his Reign sent his Writs of Summons to a Parliament to treat of the affairs of the Kingdom , with these words , nobiscum si praesentes fuerimus ibidem , seu cum deputandis a nobis si abesse nos contigerit . Eodem Anno , Writs were issued for the Electing of two Knights for every County without mention of any Citizens Burgesses , and in some no manucaptors for the Elected retorned , and were to appear at London , but before the day appointed come , another Writ came to appear at Sarum . Eodem Anno , The King being offended at the small appearance of the parliament , on Monday commanded it to be adjourned untill the next day . The Receivers and Tryers being named , because the prelates and other grandees were not come , on Tuesday the parliament was adjourned untill the Thursday , on which day the cause of Summons was declared . 20. E. 3. On Fryday the Commons delivered in their petitions , which were considered by the Lords upon Saturday , Sunday and Monday , next following , and on that Monday they were Dissolved . In the 21st Year of his Reign he declared in his Writs to Summon that parliament , that he did call them not to give him Money , or Supplies , but only to enquire after wrongs done to the people . Eodem Anno , the Commons having long continued together , desire an answer to their Bill , & leur deliverance . Anno 24. E. 3. The King sending his Writs to Elect 2 Knights of every County and 2 Burgesses of every City and Borough caused a Clause to be inserted that none should be placitatores querolarum manutentores aut ex hujusmodi quaestu vincentes . In 26. E. 3. the King issued out Writs to the Sheriffs of every County in England to elect one Knight for every County to come to the parliament , and sent his Writs to the Mayors , and Bailiffs of Burgess Towns ( not to the Sheriffs as at other time ) to retorn 1 Citizen for every City , and 1 Burgess for every Borough , except London , whose Sheriffs were commanded to Elect 2 Citizens , giving the reason why no more then 1 for other places , ut Homines ab ista occupatione Audumpnalo quo nirus possimus retrahomus . Anno 27. E. 3. Sent hrs Writs to the Sheriff to Elect de assensu Com. only 1 Knight and to the Sheriffs of London , the Mayor and Bayliffs of all other Boroughs that used to send Burgesses to Parliament to Elect and retorn 2 Citizens and Burgesses apiece for the Statute of the Staple made in the same year ca. 3. hath these words , viz. Whereas good deliberation had with the Prelates , Dukes , Earls , Barons , and great men of the Country , that is to say , of every County one for all the Countys and of the Commons of Cities and Boroughs . Anno 28. E. 3. the cause of Summons was first declared before the names of the Receivers and Tryers were published . Eodem Anno , the King issued his Writs to all the Sheriffs of England to cause 2 Knights of every Shire to come to the Parliament at Lincoln to confirm the perambulation of the Forrests , and particularly enjoyned to Summon the Knights Elected the last Parliament , but if dead or unable to come to Elect others in their places , and the Sheriff for Oxford and Barkshire receiving only a mandate to elect Knights for Oxfordshire , did notwithstanding retorn two for Berkshire in this manner , Et quia Com. Berks. est in ballia mea licet perambulatio in eodem facta fuit & observata pro eo quod in isto brevi continetur quod colloquium in Parliamento tractandum erit Super aliis negotiis praefatum Regem tangentibus , Ideo gratis elegerunt duos milites quorum nomina , &c. Anno 29. E. 3. the Chief Justice declared that the Kings pleasure was that the Cause of Summons should be declared by Mounsieur Walter de Manny , and so it was , yet the Chief Justice managed the Parliament business in the House of Peers as Speaker , for presently after Mounsieur de Manny's discourse , he called the Commons to advise thereof and make ready their Petitions . In the 34 year of his Reign sent his Writs to all the Sheriffs to cause to appear in Parliament all Collectors of the Tenths and Fifteenths granted to him in Parliament for paying his Forces by Land and Sea for the Kingdoms defence , to be restored again to the payers , in case no such expences should be made , and all Arrayers of Souldiers to give an account of all Moneys received and disbursed by them , for that the Soldiers and Mariners were not paid . And to appoint one honest man out of every County to come along with them to see and examine their accounts . 37. E. 3. The cause of the Summons was first declared before the names of the Receivers and Tryers were published , according to the use at this day and of all Parliaments , since 29. E. 3. And it is said in the end of the shewing the cause of the Summons , Et outre le dit Roy volt que si nul se sent greever mett avent son petition en ce Parlement & ci ne avoir convenable report & sur ce ad assignee ascuns de ses Clercks en le Chancellarie Recevoirs des ditzpetitions . In eodem Anno Proclamation was made in Westminster Hall by the Kings command , that all the Prelates , Lords , and Commons who were come to the Parliament , should withdraw themselves to the painted Chamber , and afterwards on the s●m● 〈◊〉 there being in the same chamber the Chancellor , Treasurer 〈◊〉 some of the Prelates , Lords and Commons , Sr Henry Gree● the Kings Chief Justice told them in English ( much of the French Language being then made use of in the Parliament-Rolls and Petitions ) that the King was ready to begin the Parliament , but that many of the Prelates , Lords and Commons , who were Summoned , were not yet come , wherefore he willeth that they should depart and take their ease untill Monday . Anno 40. E. 3. The Lord Chancellor concluded his speech touching the Summons , The Kings will is , que chescun que ce sont grievez mett devant sa petition a ces sont assignez per lui de ces recevoir & aussi de les triers . Six days were not seldom allowed for receiving and trying petitions which were sometimes prolonged two or three days , ex gratia Regis , and the reason supposed for such short prefixions , was because the sitting of Parliaments in former times continued not many days . Toriton a Town in Devonshire was exempted from sending of Burgesses to Parliament , and so was Colchester in 6. R. 2. in respect of new making the walls and fortifying that Town for Five Years . In divers Writs of Summons of King Edward 3. He denied to accept of proxies ea vice 6. 27. And 39. E. 3. Proxies were absolutely denied ista vice 6. R. 2. And 11. R. 2. The like with a clause in every of those Writs of Summons legitimo cessante impedimento . Anno 45. E. 3. Ista vice being omitted a clause was added Scientes quod propter arduitatem ( negotiorum ) Procuratores seu excusationem aliquam legittimo cessante impedimento pro vobis admittere nolumus , and thereupon the Lords that could not come , obtained the Kings License and made their proxies , and although at other times they did make Proxies without the Kings License , yet in such cases an Affidavit was made of their sickness ( or some other Lawfull impediment ) as in 3. 6. 26. And 28. H. 8. The antient form and way of such Licenses in 22d E. 3. being in French and under the Kings Privy-Seal , as Mr Elsing hath declared ; and therein the Abbot of Selby's Servant was so carefull as he procured a Constat or Testimoniall under the Kings Privy-seal of his allowance of the said procuration , and another was granted to the said Abbot in 2. H. 4. under the signet only . Eodem Anno The Parliament having granted the King an ayd of 22 s. and 3 d. out of every parish in England supposing it would fully amount to Fifty Thousand Pounds , but the King and his Councell , after the Parliament , dismissed , finding upon an examination that the rate upon every parish would fall short of the summ of mony proposed for that supply , did by his Writs command the Sheriffs of every County to Summon only one Knight for every County and one Citizen and Burgess for every City and Borough that had served in the said Parliament for the avoiding of troubles and expences to appear at a Councell to be holden at Winchester to advise how to raise the intended summ of money . Anno 46. E. 3. An ordinance being made that neither Lawyer or Sheriff should be returned Knights of the shire , the Writs received an addition touching the Sheriff only which continues to this day , viz. Nolumus autem quod tu vel aliquis alius Vicecomes shall be Elected , but the King willeth that Knights and Serjeants of the best esteem of the County be hereafter returned Knights in the Parliament . Eodem Anno There was no Judges Summoned to the Parliament . In Anno 50. Some particular Knights were specially commanded by the King to continue in London 7 days longer then others after the Parliament ended , to dispatch some publique affairs ordained by Parliament , and had wages allowed for those 7 days to be paid by their Countries . Some being sent from Ireland to attend the Parliament , a Writ was sent by the King to James Boteler Justice of Ireland to leavy their expences upon the Commonalty of that Kingdom which varied from those for England . After the bill ( which in the usuall language and meaning of those times , signified no more then a petition ) delivered the Chancellour , willed the Commons to sue out their Writs for their fees according to the custom , after which the Bishops did arise and take their leaves of the King , and so the Parliament ended . Anno 51. E. 3. the Prince of Wales representing the King in Parliament Sate in the Chair of State in Parliaments after the cause of Summons declared by the Lord Chancellour , or by any others whom the King appointeth , he concludes his speech with the Kings Commandment to the House of Commons to choose their Speaker , who being attended by all the House of Commons , and presented by them unto sitting in his Chair of Estate environed by the Lords Spirituall and Temporall , hath after his allowance and at his retorn , and not before one of the Kings maces with the Royall armes thereupon allowed to be carried before him at all time dureing the Parliament with one of the Kings Serjeants at armes to bear it before him , and to attend him during the time of his Speakership . Anno 1. Richardi 2. The Parliament beginning the 13th of October was from time to time continued untill the 28th of November then next ensuing , and the petitions read before the King , who after answers given , fist bonement remercier les Prelats , Seigneurs , & Countes de leur bones & graundez diligences faitz entouz l'Esploit de dites besognes & requestes y faitzpur commun profit & de leur bien & liberal done au liu grantez en defens . De tout le Roialme commandant as Chivaliers de Contes , Citizens , des Citeos & Burgeys des Burghs quils facent leur suites pour briefs avoir pour leurs gages de Parlement en manere accustumes Et leur donast congie de departir . In a Parliament of 5. R. 〈◊〉 . there were severall adjournments , and the Knights and Burgesses resorting to , continuing at , and returning , diversis vicibus the Parliament was thrice adjourned from one day to another before it sate , by reason that sundry Sheriffs had not returned their Writs , divers of the Lords and Commons were not come , and there arose a great quarrell betwixt the Duke of Lancaster and the Earl of Northumberland , who came attended with many Thousand armed men of his Tenants and followers to the Parliament , which caused the King to adjourn it from Monday to Tuesday , thence to Wednesday , and from thence to Saturday , untill all were come , and the quarrell being pacified betwixt those great Lords from the 8th Nov. to 15 Decemb. by reason of the approach of the feast of Christmas and the Queens arrival from beyond the Seas for her intended marriage from thence to the 24th of January many of them in the mean time returning home thence untill Monday following , and from that time untill the 23d of February . Before the 1st Writ of Summons could be executed a 2d came to prorogue that Parliament . In 7. R. 2. a Parliament being Summoned to meet at new Sarum on the 20th day of Aprill being Fryday it was twice adjourned , untill the Wednesday and Thursday following , because divers of the Lords were not come , and many of the Sheriffs had not returned their Writs . 21. R. 2. The Parliament was adjourned from Westminster to Shrewsbury , began the Monday next after the Exaltation of the Holy Cross at Westminster , and at Shrewsbury the 15th of St Hillary . In 1st H. 4. The Writ for the Election of Commons had this clause , Nolumus autem quod tu seu aliquis alius Vicecomes Regni nostri seu aliquis alius homo ad legem aliqualiter sit electus whence it was called the Lay-mans Parliament or indoctum Parliamentum . By the Statute of 7 and 8. H. 4. a clause was added in the Writ , Et electionem tuam in pleno Comitatu tuo factam distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerunt nobis in Cancellaria nostra ( not into the House of Commons or House of Peers ) ad diem & locum in brevi contentum certisices indilate . The Receivers and Tryers of petitions in Parliament which were nominated in the beginning of every Parliament , were Prelates , Nobles , and Judges , and sometimes the Lord Chancellour and Treasurer ; and if need required antiently the Clerks of the Chancery . In two Parliaments of King Henry the 6th the Chancellours place was supplied by the Kings verbal Authority . In 9. H. 6. The Chancellour to whom it appertained , ratione officii sui to declare the cause of the Summons of Parliament , being sick , the Duke of Gloucester the Kings protector appointed Dr Linwood ( a Doctor of Civill and Canon Law ) to declare the cause of the Summons of that Parliament . In the Title of the Act of Parliament 18. 23. 27. 31. 33. H. 6. & E. 4. And 14. E. 4. It is mentioned to be by the advice and assent of the Lords Spirituall and Temporal , and the Commons , and in 20. H. 6. By the advice of the Lords Spirituall and Temporall , and at the request of the Commons as it had been in the 25 of H. 6. where Bristoll was exempted by a Charter of King Henry the 6th from sending any more then 2 Homines or Burgesses to Parliaments . 7 or 8 Ports Summoned and in like manner admitted by the only Writ to Summon the Cinque Ports . 1. H. 7. Acts of Parliament were mentioned to have been made by the assent of the Lords Spirituall and Temporall and Commons . 2. H. 7. By the advice of the Lords Spirituall and Temporall and Commons , In 3 & 4. H. 7. the like . 11. H. 7. By the assent of the Lords Spirituall and Temporall and Commons . Anno 12 the like . 19 the like . In the r. 3. & 4. H. 8. Acts of Parliament were said to have been made by the assent of the Lords Spirituall and Temporall and Commons , and in 5. 6. 7. 14. 15. & 23. H. 8. 1. H. 8. The Abbot of Crowland was licensed to be absent by the Lord Chancellour and Lord Treasurer signifying the Kings pleasure . And howsoever that the Kings verbal license was sufficient , yet they that had obtained that favour had for the most part a formal license under his hand , and if not ready to be produced testimonialls thereof by some Lord or others that could witness it . And so continued untill 28 or 31. H. 8. But afterwards neither licenses or testimonialls were required , only it satisfied that the proxies or procurations mentioned the Kings license , which no man could be presumed to do unless he had had it . Anno 1. Henrici 8. Ex mandato Domini Regis Quia Domini Spirituales absentes & in convocatione occupati sunt continuavit Parliamentum usque in diem Crastinum ( the Lord Chancellor being then a Bishop and absent also ) and although some one or two of the Temporall Lords then sate in the House of Peers it was but to receive Bills . Which continued untill 7. H. 8. In which Year the Lord Chancellour did the day before continue the Parliament unto the day after . In the same Year 30 November Dominus Cancellarius propterea quod Domini Spirituales in convocatione in crastino die occupandi continuavit praesens Parliamentum usque in diem lunae , and many of the Parliament Rolls and Journalls of King Henry the 8th being not to be found . And from the 17th H. 8. untill the 25th there does not appear to have been any Journalls , although severall Parliaments sate in the 21. 22. 23. & 24 Years of his Reign . 20. H. 8. No mention was made of the advice or consent of the Lords Spiritual and Temporall , or Commons . The like in 25 and 26. 27. 28. & 31. H. 8. 25. H. 8. There is a memorandum in the Journalls of the House of Peers Decretum est quod Domini Spirituales in convocatione diebus Martis & Veneris prox . sequen . & ex tunc die Veneris ( donec secus melius videtur ) versari possent , & proceres sequentibus diebus sine impedimento quotidie circa dimi●ietat horae octavae ante meridiem in locis consuetis simul convenirent ad tractandum & consulendum circa Republicae negotia . And after in the same Parliament the Fryday was changed into the Wednesday in every week . Eodem Anno In the Reign of H. 8. Wednesday being a Starr-Chamber day , and Friday a convocation of the Bishops of the house of Peers was by the Chancellor adjourned to the Saturday following , and in Queen Elizabeths days when the Starr-Chamber days were setled to be upon Wednesdays , the Parliament did not sit upon those days in the Term time , which was constantly observed says Mr Elsing all the time of King James untill the 18th Year of his Reign , when upon Tuesday the 24th day of Aprill upon a motion made in the House of Peers that there was a great cause in the middle of hearing to be heard in the Starr-Chamber the morrow after , the Lords were content not to sit that Morning , provided that it be not drawn into a precedent , but that the House being the Supream Court may sit upon a Starr Chamber day notwithstanding the absence of the Lord Chancellor , Archbishop of Canterbury , Lord Treasurer , the Lords of the Privy-Councell , great Officers of State , the two Lord Chief Justices and Lord Chief Baron , who do use to attend that Court , and the next Starr-Chamber day the other part of the Lords House did sit in the forenoon . The Lords that were absent and could not appear upon Summons of Parliament were excused if they could obtain a license of the King , otherwise they were amerced , as in 31. H. 6. a Duke was to be amerced 100 l. an Earl 100 Marks , and a Baron 40 l. If they came not upon Summons to Parliament . If the King be present in person , when the cause of Summons is declared , the Lord Chancellour doth first remove from his place , which is on the Kings Right hand behind the Chair of Estate , and conferreth privately with his Majesty . And that ceremony is ever to be observed by the Lord Chancellour , or those that are appointed by the King to officiate in that particular for him before he speak any thing in Parliament when the King is present . The cause of which ceremony saith Mr Elsing seeming to be , that as none but the King can call a Parliament , so none but the King can propound or declare wherefore it was called . If the King be represented in Parliament by Commission the Lord Chancellor sits on the Wool-sack after the Commission read , the Commissioners go to the seat prepared for them on the Right side of the Chair of Estate , then the Lord Chancellour ariseth , conferreth with the Commissioners , returns to his place on the Wool-sack , and there declareth the cause of the Summons ( or Commission ) as was done in 28 Elizabeth . The Warrants of the King for the making of the Writs of Summons to Parliaments have been divers some times , per breve de privato sigillo , but commonly per ipsum Regem & concilium . Anno 32. H. 8. Acts of Parliament were said to have been enacted with the assent of the Lords Spirituall and Temporall , and the Parliament was continued by divers short prorogations , and was by his Graces Authority dissolved . 33. H. 8. In the Acts of Parliament no mention was made of advice or assent . 34. & 35. H. 8. The like . Proxies were in the 20th Year of the Reign of King James under the hand and seal of an absent Lord upon a lawfull impediment signifying the Kings license , in the form ensuing , pro se & nomine suo de & super quibuscunque causis exponend . seu declarand . tractand . tractatibus quae hujusmodi mihi factis seu faciendis concilium nomine suo impendend . statutisque etiam & ordinationibus quae ex maturo & deliberati judicio dominorum tam spiritualium quam temporalium in eodem Parliamento congregat . inactitari seu ordinari contigerint nomine suo cousentiendum eisdemque si opus fuerit subscribend . caeteraque omnia & singula quae in praemissis necessaria fuerint seu quo modo libet requisita faciend . & exercend . in tam amplis modo & forma prout ego ipse facere possem aut deberem si praesens personaliter interessem ratum & gratum habens & habiturus quicquid dictus procurator statuerit aut fecerit in praemissis . A proxy cannot be made to a Lord that is absent himself . The Lord Latimer made his proxy , which although the Clerk of the House of Peers received , it was repealed by the Lord Chancellour , for that the Lord Latimers deputy or procurator was absent ; for if he to whom the proxy is made be absent , the proxy is void , neither can it be transferred by the proxy to another , as was adjudged in the case of the Lord Vaux , 18 Jacobi . Our Kings ( since the force put upon King Henry the 3d by some Rebellious Barons at a Parliament at Oxford in Anno 42 of his Reign ) at the beginning of every Parliament by publick proclamation did use to prohibit the coming with Arms. Not any of the Kings Serjeants at Law were Summoned to Parliament untill the Tenth of Edward the Third , when Robert Parning , William Scot , and Simon Trevise Servientés Regis were Summoned by special Writs unto 2 Parliaments , after which none were Summoned untill the 20th of E. 3. Robert de Sodington Capitalis Baro Scaccarii was the First and only Baron of the Exchequer who was Summoned to Parliament as one of the Kings Councell in 12. E. 3. The Kings Attorney Generalls ( whose Office and impolyment was as ancient as 7. E. 1. when William de Gisilham enjoyed it , and Gilbert de Thorneton was in 8. E. 1. his Attorney Generall ) had their First Writ of Summons in the 21. 30. & 36. Henrici 8. Those that succeeded them never wanting the like priviledges . And the Kings Sollicitors generalls have been in like manner Summoned . The Writs of Summons to the Lords are returned and delivered to the Clark of their House , those with their Indentures for the Election of members for the House of Commons to the Clark of the Crown in Chancery . The Clergy of the convocation in Parliament are Elected by virtue of the Kings Writs of Summons to the Bishops and their precepts but not by any from the Sheriffs . The Master of the Rolls if not Elected a Member of the House of Commons in Parliament hath a Writ of Summons to attend in the House of Lords . The Masters of Chancery as necessarily appertaining to the Lord Chancellour , or Keeper of the Great Seal of England have neither Writ nor patent , yet do there attend . The Bill or Act of Parliament signed for the Beheading the Earl of Strafford much against the will of King Charles the Martyr was by Commission . And divers adjournments , and prorogations in the Reign of King Charles 2d have been sometimes by Commission and at other times by proclamations . The Commons were never Elected to come to Parliament before the 49th Year of King H. 3. and his imprisonment , and then and from the 21st Year of the Reign of King E. 1. did but as the Lesser lights follow that greater of the Sun , and could not possibly be sent for , or caused to be Elected without the Peers then Summoned and convened , for that they were only to consent unto , and do such things as the King by the advice of the Lords Spirituall and Temporall should there ordain , if the Lords were not Summoned to be there at the same time or sitting . The Chamberlain of the Kings Houshold was Summoned to sit in the House of Peers in 25. 27. & 28. E. 3. Masters of Ships , and some Scots have for advice been Summoned to attend the House of Lords . Ever since the making of the Statute of 5. Eliz. every Knight , Citizen , Burgess , and Port Baron Elected , or to be Elected to be a Member of the House of Commons in Parliament is to take before he be admitted to sit therein , or have any voice as a Knight , Citizen , or Burgess of or in the House of Commons an Oath upon the Evangelists before the Lord Steward or his deputy , that he doth testify and declare , That the Queens Majesty , her Heirs , and Successors , is the only Supream Governour of this Realm , and of all other her Highness's Dominions , and Countries as well in all Spirituall and Ecclesiasticall things or causes as Temporall , and renounce all Foreign Jurisdiction of any Foreign Prelate , Prince , or Potentate whatsoever . And promise that from henceforth he shall bear Faith , and true Allegeance to the Queens Highness , her Heirs and Successors , and to his power shall assist and defend all Jurisdictions , Privileges , Preheminencies , and Authorities , granted , or belonging to the Queens Highness , her Heirs , and Successors , or united , and annexed to the Imperiall Crown of this Realm . Queen Elizabeth in the 31st Year of her Reign did by the advice of her Privy-Councell and of the Justices of both her Benches and other of her learned Councell , prorogue and adjourn the Parliament from the 12th of November 1588. to the fourth of February then next following , from which day it was continued till the Thursday following post meridiem . Wherein divers of the Bishops , Earls , Barons , Justices and masters of Chancery were Receivers and Tryers of petitions . The Bishops , all but 7 , named each of them 2 Proctors , 7 Temporall Lords sent their proxies . Such as were meer attendants in the House of Peers were sometimes made joint Committees with the Lords in severall matters The Commons presenting their Speaker to the Queen , he was admitted with a caution not to use in that House irreverent Speeches , or to make unnecessary addresses to her Majesty , and the Chancellour by Command of the Queen continuavit praesens Parliamentum usque diem Sabbati prox . hora nona . When the Lords sent to pray a conference with the Commons and it is assented unto , one of the Judges were allways named to attend the Lords Committees . In a bill for setling a jointure for the Wife of Henry Nevill Esq. Wherein all former conveyances were to be cancelled , the Lords ordered that the deeds should be sealed up , and brought into their house , to the end that they might be redelivered again uncancelled , in case the Queen should resuse to sign the Act of Parliament ; the House of Commons by their Speaker desired her Majesties assent to such Statutes as had been provided by both Houses . Upon her gracious generall Act of Pardon les Prelats , Seigneurs & Commons en Parlement en nom de toutes voz autres Subjects remercient tres humblement vostre Majeste . The Queens Sollicitor generall being Elected a Member of the House of Commons in Parliament , they desired the Lords that he might come into the House of Commons and sit with them , which was assented unto and performed . In the Year 1588. and 31st of her Reign , when she had most need of her Subjects aid and good will , upon the Petition of the Commons against some grievances of the Purveyors and her Court of Exchecquer , she answered by their Speaker , that she had given orders to her Lord Steward to redress any Complaints of her purveyance , and that she had as much skill and power to rule and govern her own House as any of her Subjects whatsoever to rule and govern theirs without the help of their Neighbours , and would very shortly cause a collection to be made of all the Laws already made touching Pourveyance and of all the constitutions of her Houshould in that case , and would thereupon by the advice of her Judges & learned Councell set down such a formall plot ( or method ) before the end of that present session of Parliament , as should be as good & better for the ease of her subjects , then what the house had attempted without her privity , & in which they would have bereaved her Majesty of the honour , glory and commendation thereof , and that she had in the 10th year of her Reign caused certain orders and constitutions to be drawn for the due course of such things in her Court of Exchequer as her Subjects seem to be grieved at ; And so after a Generall Pardon and some bills passed , the Lord Chancellour by her Majesties command dissolved the Parliament . Anno 35th . the Lord Keeper by her Majesties command declared the necessity of publick aides , how little the Late Subsides amounted unto by Reason of the ill gathering ; desired the time might not be Mispent in long orations , Speeches and verbosities which some men took delight in , Receivers and Tryers of Petitions were named and some Proxies delivered . Their Speaker Sr Edward Coke in his Speech remembred the Queen of her speech to the last Parliament , that many came thither ad consulendum qui nesciunt quid Sit consulendum and prayed that she would give her assent to such Bills as should be agreed upon ; The Lord Keeper in his reply alleadged that to make more laws might seem Superfluous , and to him that might ask Quae causa ut crescunt tot magna volumnia legum ? It may be answered in promptu causa est crescit in orbe malum . And after upon further instructions received from her Majesty declared that Liberty of Speech was granted , but how far was to be thought on ; there be two things of most necessity wit and speech , the one exercised in invention , the other in speaking , priviledge of speech is granted but you must know what priviledge you have , not to speak every one what he listeth , or what cometh in his heart to utter , but your priviledge is to say yea or no ; wherefore Mr Speaker her Majesties pleasure is that if you perceive any idle heads , which will not Stick to hazzard their own estates , which will meddle with reforming of the Church and transforming of the Common-Wealth , and do exhibit any bills to such purpose , that you receive them not untill they be viewed and considered of , by those who it is fitter should consider of such things , and can better judge of them . The daily continuing or adjorning of the Parliament was Dominus Custos magni Sigilli continuavit praesens Parliamentum . After a bill for setling the lands and Estate of Sr Francis Englefeild attainted of high Treason in Parliament had been ordered by the House of Commons to be ingrossed , the Lords did hear Councell on the part of Englefeilds heirs , and afterwards passed it . In the case of repealing of certain uses in a deed concerning the Estate of Sr Anthony Cook of Rumford in the County of Essex after the bill had been 3 times read in the House of Lords and assented unto , a Proviso was added of Saving the Queens right with a note entred that it should not hereafter be used as a praecedent . Acts or bills of Generall pardon do passe both Houses with once reading . The Lord-Keeper by her directions signified to the Speaker of the House of Commons , that in some things they had spent more time then needed , but she perceived some men did it more for their satisfaction , then the necessity of the thing deserved . Misliked that such irreverence was shewed towards her Privy Councellors ( who were not to be accompted as Common Knights and Burgesses of the House , that are Councellors , but during the Parliament ) whereas the others are standing Councellors , and for their Wisdom and great service are called to the Councell of State. Had heard that some men in the case of great necessity and aid , had seemed to regard their Country and made their necessities more then they were , forgetting the urgent necessity of the time , and dangers that were now eminent , she would not have the people feared with reports , charged them that the Trained Bands should be ready and well supplied , thanked them for their subsidies , and assured them that if the Coffers of her Treasure were not empty , and the revenues of the Crown and other Princely ornaments could supply her wants and the charge of the Realm , she would not in the words of a Prince have now charged them , or accepted what they gave . After which the Queen sitting in her Chair of State , amongst other things speaking of the injustice of the King of Spains Wars and the Justice of her own said , I heard say that when he attempted his last Invasion , some upon the Sea coast forsook their Towns , flew up higher into the Country , and left all naked and exposed to his entrance , but I swear unto you by God , if I knew those persons , or any that shall do so hereafter , I will make them know and feel what it is to be so fearfull in so urgent a cause . Declared unto them that the subsidy which they gave her was not so much but that it is needfull for a Prince to have so much allways lying in her Coffers for your defence in time of need , and not to be driven to get it , when we should use it . Upon which the Clerk of the Parliament having read the Queens acceptance and thanks for the subsidies given , did upon the reading of the pardon pronounce the thanks of the House in these words , les Prelates Seigneurs & Communes en ce Parlement assembles au nom de toutz vous autres Subjects remerc erent tres humblement vostre Majesty & prient a Dieu que il vous donne en sante bonne vie & longue . The assent of the Sovereign is never given to a bill of subsidy because it is the guift of the Subject , nor to an Act of generall pardon , for that is the Kings free guift , after which ended , followed the dissolution of the Parliament in these words , Dominus Custos magni sigilli ex mandato dominae Reginae tunc praesentis dissolvit praesens Parliamentum . The names of the Knights , Citizens and Burgesses are at the beginning of the Parliament delivered to the Clerk of the Crown ( who always attends in the House of Lords ) and entred into his book . After the Lord Keepers speech ended her Majesty calling him unto her commanded him to give the Lower House Authority to choose their Speaker and present him the Thursday following , unto which day he adjourned the Parliament . At which day Sr Edward Coke Knight being chosen and admitted Speaker , the Queen allowed his petitions for access unto her Majesty , privileges and liberty of speech , with a caution that they should not speak irreverently either of the Church or State , and then the Lord Keeper by the Queens command adjourned the Parliament untill the Saturday following . When the House of Commons being again assembled Mr Peter Wentworth and Sir Henry Bromley delivered a petition to the Lord Keeper , therein desiring the Lords of the Upper House to be supplicants with them of the Lower unto her Majesty for the entailing of the Succession to the Crown , whereof a bill was ready prepared . With which her Majesty being highly displeased charged the Councell to call the parties before them , whereupon Sr Thomas Heneage sent presently for them , commanded them to forbear going to the Parliament and not to go out of their severall lodgings , and the day after they were called before the Lord Treasurer Burleigh , the Lord Buckhurst and Sr Thomas Heneage , who informing them how highly her Majesty was offended , told them they must needs commit them , Mr Wentworth was sent prisoner to the Tower , Sir Henry Bromley and one Mr Stevens ( to whom he had imparted it ) and Mr Welch the other Knight of the shire for Worcestershire to the Fleet. A bill being offered by Mr Morris Attorney of the Court of Wards against the usage of Ecclesiasticall discipline by the Prelates , with an intent that the House might be suitors to her Majesty to allow it , he was sent for to the Court and committed to the keeping of Sir John Fortescue a Parliament man ; And she sent for the Speaker and by him sent a message to the House of Commons , which he did not omit to deliver in her very words , that it was in her and her power to call Parliaments , it was in her power to end and determine the same , and it was in her power to assent or dissent to any thing done in Parliament . And her Majesties pleasure being by the Lord Keeper delivered unto them , that it was not meant that they should meddle with matters of State , or causes Ecclesiasticall , she wondred that any should be of so high a Commandment to attempt a thing contrary to that which she had so expressly forbidden , and therefore with this she was highly displeased , and charged the Speaker upon his Allegeance that if any such bill be exhibited not to receive it , An Act was sent up by the Commons to the Lords who amended somewhat therein but what they amend cannot be altered by the Commons , but the Lords will give their reasons for such their amendment . The Commons complaining of a Breach of Privilege that the Lord Keeper did in the behalf of the Lords give answers unto their messages , and did not come down unto hose that were sent to the Bar , after a great debate and much advice and consultation , it was resolved that the Lord Keeper or Lord Chancellour ought to sit in his place covered , when he gave them answers , and that if it had been lately otherwise done , it was by error and mistake , but ought not ; which then Lordships by Mr Attorney Generall and Serjeant Harris signifying to the Lower House , desired them to send some of their House to receive their Lordships answer , whereunto they seemed to assent and returned some of their Knights and Burgesses with those that be●ore demanded satisfaction to receive their answer , which being declared unto them , they by the mouth of Sr William Knolles ( one o● 〈◊〉 House of Commons ) protested that they had no Commission to receive an answer in that form , after which upon a conference betwixt both Houses upon great debate and arguments , it was resolved , that the order and custome of the House of Lords was , that when any Bills or messages were sent to them , the Lord Keeper and some of the Lords were to ●rise from their places and from thence to go unto the Barr and receive the said Bills or messages ; but contrarywise when any answer is to be delivered by the Lord Keeper in the name and behalf of the Lords , the Commons sent were to stand at the Barr and the Lord Keeper is to receive the Bills or answer the messages with his head covered , and all the Lords were to Keep their places with which the Lower House was satisfied , and the same order hath been ever since observed accordingly . Anno 39. Eliz. There being in former times a custom in the house of Commons , to have a bill read before the house did arise , the same could not now be done at that time because her Majesty and the upper House had adjourned the Parliament untill Saturday Sennight at Eight of the Clock in the Morning , which being signified by their Speaker he said all the Members of the House might depart , and so they did . Eodem Anno. At the ending of the Parliament after they had given the Queen subsidies and prayed her assent to such laws as had passed both Houses , she gave the Royall assent to 24 publick Acts , and 19 private , but refused 48 Bills , which had passed both the Houses . Anno 43. Eliz. John Crook Esq. Recorder of London being chosen Speaker of the House of Commons in Parliament disabling himself desired the Queen to command the House of Commons to choose another , but his excuse received no allowance . The Lord Chief Justice of the Queens bench and Common pleas together with the Lord Chief Baron and Attorney Generall were ordered to attend a Committee of Lords and Bishops . Sr John Popham Lord Chief Justice , Francis Gaudy one of the Justices of the Kings bench , George Kingsmill one of the Common pleas , Dr Carew and Dr Stanhop were constituted Receivers of petitions for Gascoigne and other lands beyond the Seas . Sr Edmond Anderson Lord Chief Justice of the Court of Common pleas , Sr William Peryam Lord Chief Baron , Thomas Walmisley one of the Justices of the Common pleas , Dr Swale and Dr Hone. Tryers of petitions of England , the Archbishop of Canterbury , Marquis of Winchester , Earls of Sussex , Lord Marshall , Lord Admirall , and Steward of the Queens Houshold , Earls of Nottingham , and Hertford , Bishops of London , Durham , and Winchester , Lords Zouch and Cobham calling unto them the Lord Keeper , Lord Treasurer , and the Queens Serjeants at Law. Great fault was found by many of the House of the factouring and bribing of too many of the Justices of the Peace , and it was by one of the members alleadged , that the five bills ●arely passed against Swearing , Drunkenness , and for the making of good Ale , would be as much worth to those kind of Justices of the Peace as a Subsidy and two Fifteens . Mr Conisby Gentleman Usher of the House of Peers complained that forasmuch upon the breach of any Priviledge of that House he only was to be employed , and not the Serjeant at Arms , the House ordered a Committee to consider of Presidents and settle it , a motion was made by the Lord Keeper and approved of by the Lords , that the Ancient course of the House might be kept by certifying the Excuses for the absence of any of the Peers by the Peers and not by others . The House being offended with Sr Walter Rawleigh for some words , and crying to the Barr , Mr Brown a Lawyer stood up and said , Mr Speaker par in parem non habet Imperium we are as members of one body and we cannot Judge one another , whereupon it being put to the question , it was resolved in the negative that he should not stand at the Barr. The Speaker of the House of Commons at the ending of the Parliament of 44. Eliz. humbly desired of the Queen , that certain Acts may be made Laws by her Royall assent , which giveth life unto them . Unto which the Lord Keeper answered , that as touching her Majesties pioceeding in the making of Laws and giving her Royall assent , that should be as God directed her Sacred Spirit , and delivered her Majesties commandement , that as to the Commons proceedings in the matter of her Prerogative she is persuaded that Subjects did never more dutifully observe , and that she understood they did but obiter touch her Prerogative , and no otherwise but by humble petition , but she well perceived that private respects are privately masked under publique pretences . Admonished the Justices of the Peace ( some whereof might probably be of the House of Commons ) that they should not deserve the Epithetes of prowling Justices , Justices of Quarrells , who counted Champerty good Conscience , Sinning Justices who did suck and consume the good of this Commonwealth , and likewise all those who did lye , if not all the Year , yet at the least Three Quarters of the Year in the City of London . Anno 43. Eliz. One Mr Leigh of the House of Commons complained , that whilst the Speaker of the House of Commons was presented to the Queen , he was denyed entrance into the House of Peers , which the Lords excused by saying it was the ignorance of some of the Grooms or attendance , in the choosing of a Speaker , Mr Knolls the Comptroller alleaged that it was not for the State of the Queen to permit a confused multitude to speak unto her , when it might often happen that one or some might move , or speak that which another , or some or many would contradict or not allow . The Queen being sate in her State in the House of Lords , the House of Commons were sent for to present their Speaker , who in a modest pretence of disability prayed her Majesty to command the House of Commons to choose one more able but had it not allowed . And she in her grant of freedom of speech gave a caution not to do it in vain matters , verbosities , contentions or contradictions , nor to make addresses unto her ; but only in matters of consequence , and prohibited their retaining or priviledging desperate debtors upon pain of her displeasure , and desired a Law might be made to that purpose . Which done the Lord Keeper said , for great and weighty causes her Highness's pleasure was that the Parliament should be adjourned untill the Fryday following . At which time the House of Commons did appoint a Minister every morning before the House sate to officiate and use a set form of prayer specially ordained , to desire Gods blessing upon their Councells and preserve the Queen their Sovereign . The Ancient usage of not coming into the House of Commons with spurs , was moved by the Speaker to be observed , others moved that they might not come with Boots and Rapiers . but nothing was done therein . Sr Robert Wroth a Member of the House of Commons did in his own particular offer 100 l. per Annum to the Wars . Sr Andrew Noel Sheriff of Rutlandshire having returned himself to be a Knight of the shire for that County , it was adjudged by the House of Commons to be void , because it was against the Tenor and exception of the Writ , and that he ought to be Fined . In the debate whither the Speaker should send his Warrant to the Clerk of the Crown for the Election of a Burgess , it was answered by one of that House and not contradicted , that ( since 26. Eliz. ) he did ex officio send his Warrant to the Clerk of the Crown , who is to certifie the Lord Keeper and so make the Warrant . Sr Francis Hastings a member going down the Stairs , a Page offering to thrust him was brought to the Barr and committed , but was the next day upon the motion of Sr Francis , and his submission upon his knees released , some of the House moved to send him to a Barbers to have his hair cut , because it was too long , but others disswaded it , as a matter not becoming the gravity of the House . Sr Walter Rawleigh declared that the Queen had sold her jewels , the money lent her by her Subjects was yet unpaid , she had sold much of her Lands , spared money out of her own purse and apparell for her peoples sakes , and for his own part wished , that they would bountifully , according to their Estates , contribute to her Majesties necessities , as they now stand . Mr Townsend one of the Members declared in the House of Commons , that they were Summoned and called as a grand Jury of the Land , though not upon their Oaths , yet upon their conscience , and was not contradicted . Sr Edward Hobby said it was always the custom of the House of Commons to have their Warrant for the Election of a new Member directed by their Speaker to the Clark of the Crown . But Sr Francis Hastings said that the Lord Keeper had in private informed him , that he had rather have it made to himself , then to any inferior Minister . Sr Edward Hobby said that the Parliament being the highest Court was to Command all other Courts A bill being brought in for explanation of the Common Law concerning the Queens Letters-patents , and certain Monopolies , Mr Spicer a Burgess of Warwick said , that bill might touch the prerogative Royall , which was , as he had learned , so transcendant , as the eye of the Subject may not aspire thereunto , and therefore be it far from him that the State and prerogative Royall of the Prince should be tyed by him or the Act of any other Subject . Mr Francis Bacon said for the prerogative royall of the Prince , for his part he ever allowed it , and is such as he hoped should never be discussed , the Queen is our Sovereign , hath both a restraning and enlarging liberty of her Prerogative , that is , hath power by her patents to set at liberty things restrained by Statute Law , by Non obstante's of Penall Laws or otherwise , and by her Prerogative to restrain things that are at liberty as by her Letters-Patents for new inventions , license for transportation , &c. But Mr Speaker pointing to the bill said , this is no stranger in this place , but a stranger in this vestment , the use hath been ever by petition to humble our selves to her Majesty , and by petition to desire to have the grievances redressed , especially when the remedy toucheth her in Right or Prerogative ; If her Majesty make a patent or a Monopoly to any of her servants , that we must cry out against , but if she grants it to a namber of Burgesses or a Corporation , that must stand , and that forsooth is no Monopoly , I say and I say again that we ought not to deal or meddle with or judge of her Majesties Prerogative I wish every man therefore to be carefull of this point . Mr Lawrence Hyde said , I do owe a duty to God and Loyalty to my Prince , I made it ( the Bill ) and I think I understand it , far be it from this heart of mine to write anything in prejudice or derogation of her Majesties Prerogative Royall and the State. Mr Serjeant Harris moved that the Queen might be petitioned by the House in all Humility . Mr Francis Moor , afterwatds Serjeant Moor said he did know the Queens Prerogative was a thing curious to be dealt with . Sr George Moor said , We know the power of her Majesty cannot be restrained by any Act , why therefore should we thus talk ? Admit we should make the Statute with a non obstante , yet the Queen may grant a Patent with a non obstante to cross it . Mr Spicer said , He was no Apostate , but should stick to his former faith , which was , that it should be by way of Petition , and that a course by Bill would neither be gratum nor tutum . Mr Davies said , God had given power to absolute Princes , which he attributeth to himself Dixi quod Dii estis , and as he attributes unto them , he hath given unto them Majesty , Justice , and Mercy ; Majesty in respect of the Honour that a Subject oweth unto his Prince , Justice in respect he can do no Wrong , and therefore the Law is in First H. 7. the King cannot commit a disseisin : Mercy , in respect he giveth leave to his Subjects to right themselves by Law. Mr Secretary Cecill said , I am a Servant to the Queen , and before I would speak or give any consent to a case that should debase her Sovereignty or abridge it , I would wish my tongue cut out of my Head , I am sure there were Law-Makers before there were Laws , if you stand upon Law and dispute her Majesties Prerogative hear what Bracton saith , Praerogatium nemo audeat disputare ; for my own part I like not such courses should be taken , and you Mr Speaker should perform the charge which her Majesty gave unto you at the beginning of this Parliament not to receive Bills of this nature , for her Majesties ears be open to all our grievances , and her hands stretched out to every mans petition . All which worthy and dutyfull expressions of duty and Loyalty to their Sovereign were made by Mr Spicer , Mr Francis Bacon , Sr Robert Cecill , Sr George Moor , Serjeant Francis Moore , Sr Walter Rawleigh and others , without any neglect of the good of the publick , or the Office of Members of the House of Commons Elected only upon their Princes Writs and Warrants ad faciendum & consentiendum to those things , which should be by their Soveregn ordained by the advice of the Lords Spirituall and Temporall in Parliament assembled , without any question or contradiction made thereupon , or calling them to the Bar , Imprisoning them in the Tower of London , excluding them the House , or making them ask pardon upon their knees , with other exorbitances which some of their Successors have too often usurped to ask pardon of their fellow Members who did not at all represent those that Elected them who were not wont to call everything that suited not with their fancies to be an Error against the sence or Tyde of the House , or to be sent to the prison of the Tower of London , none of their prison , or under their command or Authority , without their Soveraigns privity or order , being far without the Bounds or reach of their Commission or purpose of it , and an incroachment upon the regall power , was in the House of Commons in Parliament used until the Late distemper thereof , or for their late Speaker Mr Williams when Sr Robert Peyton one of their Members was for some matter which they would create to be criminall , brought upon his knees , and adjudged to be expelled the House and to receive his sentence from their Speaker , in no smoother an expression or language then , Go thou cursed thou worst of men , the House of Commons hath spewed thee out , when they and others may know that the House of Peers do never use by themselves to exclude any of their members without the order and concurrence of their Sovereign , and in case of Treason . Upon the great debate of Monopolies , as they called them , granted by the Queen , a list being brought into the House , she having notice thereof sent for the Speaker and declared unto him , that for any patents granted by her , whereby any of her Subjects might be grieved or oppressed , she would take present order for reformation thereof , her Kingly Prerogative was tender , and therefore desired them not to speak or doubt of her carefull reformation , but that some should presently be repealed , others suspended , and none put in execution , but such as by a Tryall at Law should appear to be for the good of the people , which he reporting to the House to his unspeakable joy ( as he said , ) and comfort , but thereupon Secretary Cecill said that there was no reason all should be revoked , for the Queen meant not to be swept out of her Prerogative . And therefore gave them a caution for the future , to believe that what soever is subject to a publick exposition cannot be good , and said that Parliamentary matters were ordinarily talked of in the streets , that the time was never more apt to disorder , or make ill interpretations of good meanings , and thought those persons would be glad that all Sovereignty were turned into Popularity , we being here but the popular bouch , and our liberty , but the liberty of the Subject ; if any man in the House speak wisely we do him great wrong to interrupt him , if foolishly , let us hear him out ; we shall have the more cause to tax him , and I do heartily pray that no member of this House may plus verbis offendere quam concilio inuare . Mr Francis Moore moved that the Speaker in the name of the House might give thanks to her Majesty for setting at liberty her Subjects from the thraldom of those monopolies , and crave pardon for any extravagancy of words in that House . Mr Wingfield wept and said his heart was not able to conceive , or his tongue express the joy that he had in that message , but his opinion and Mr Francis Moore and Mr Francis Bacon's were against the making of the Apology , for that would be to accuse themselves of a fault , when they had committed none , and being put to the vote , it was by the whole House agreed , that the Speaker should return the Queen their humble thanks . Mr Donald wished that her gracious message might be recorded in their books ; others that it might be in Letters of Gold , others in their Hearts . Mr Secretary Cecill said , there is not any soul living deserves thanks in this cause , but our Sovereign . Mr Francis Bacon said , he had served as a member in 7 Parliaments and never knew but two committed to the Tower , the one was Mr Arthur Hall for saying , that the Lower House was a new Person in the Trinity , and the other was Parry for making a seditious speech in the House . When the thanks were given by the Speaker , she said She was the person that still ( yet under God ) had delivered them , and trusted that by his Almighty power she should be the Instrument to protect them . Declared to the Speaker of the House of Commons that she rejoyced not so much to be a Queen as a Queen over so thankfull a people . Sir George Belgrave was complained 〈◊〉 for procuring himself to be elected Burgess of Leicester by appearing in a blew coat with the Earl of Huntingtons cognisance , for which the Queens Attorney Sr Edward Coke exhibited in the Earl of Huntingtons name an Information at the Queens suite in the Star-Chamber . Mr Bacon said there never were but 2 articuli super chartas , the one when the Sword was in the Commons hands , the other Articuli Cleri , when the Clergy of the land bore sway . Some bill being brought in concerning monopolies which had been formerly by the Queen redressed , Sr Edward Hobby said , If we will be dealing herein , by petition will be our only course , this is a matter of Prerogative , and this no place to dispute it . Upon the bill concerning the transport of Iron ordnance , Mr Cary said we take it for an use in the House , that when any great and weighty matter or bill is here handled , we straightway say , it toucheth the Prerogative , and that must not be medled withall , and by that we come here to do our Country good , bereave them of that good help we might administer unto them . To which Mr Speaker replyed qui vadit plane vadit●sane , let us lay down our griefs in the preamble of the bill , and make it by way of petition . Mr Francis Hastings said , How swiftly and sweetly her Majesty apprehended our griefs I think there is no Subject but knoweth ; for us then to deal in a matter so highly touching her Prerogative , we shall not only give her Majesty just cause of offence , but to deny our Proceeding by bill . Sr George Moor disliked the proceeding by bill . Mr Laurence Hyde said that he saw no reason , but we may proceed by bill , and not touch her Prerogative , her Majesty is not more carefull and watchfull of her Prerogative then H. 8. & E. 6. were , and then there was no doubt or mention made of Prerogative . Mr Comptroller said , in duty we should proceed to speak unto the Queen by wny of petition , and not by way of bill or contestation , we must note that her self and her Prerogative will not be forced , and I do not hold this course by bill to fiand either with respect or duty . In the debate concerning the Earl of Huntingtons bill in the Star-chamber ( sitting the Parliament ) against Sr George Belgrave for indirectly making himself a Burgess in Parliament , some of the House moving for a conference with the Lords about it , Mr Dale said , id possumus quod dejure possumus , and that the safest way would be a conference . Mr Tate said , it will not be good to pry too near into her Majesties Prerogative by examining Informations exhibited in the Star-Chamber . Mr Cary said , that the custom of the House of Commons was , when they wanted any Record , to send their Warrant to the Lord Keeper to grant a Certiorari to have the Record brought into the House in Ferrers case in the Reign of King Henry the 8th , who being a Member of the House of Commons and Imprisoned , the House of Commons made an address to the King for his release , when they could not do it by their own power . Mr Speaker said , I am to deliver unto you her Majesties commandement that for the better and more speedy dispatch of causes we should sit in the afternoon , and that about this day sennight her Majesties pleasure is this Parliament shall be ended . At a conference with the Lords their Lordships told the Commons they would not have their Judgment prejudicated , and in that conference of the House of Commons stiled themselves the Lower House . There was saith Justice Hussey a whole Alphabet of paenall Laws in the time of King Henry the 7th . Mr Mountague said , The praerogative Royall is now in Question , which the law hath over allowed and Maintained . Serjeant Heale speaking somewhat that displeased the Generality of the House , they all made an humming , and when he began to speak again , they did the like ; whereupon the Speaker stood up and said , It is a great disorder that this should be used , for it is the antient use of this House for every man to be Silent when any one Speaketh , and he that is Speaking should be Suffered to deliver his mind without interruption . Sr Edward Hobby upon the debate of a bill brought in for the peoples more diligent repair to Church whether the Church-Wardens were the more proper to certifie the defalters , said that when her Majestie did give us leave to chuse our Speaker , She gave us leave to chuse one out of our own number . Mr Onslow the Clark of the House of Commons in Parliament being Sick , the House gave his man leave to officiate for him , every Members contributing 12d . apeice for his support . In the case of Belgrave depending in the Court of Star-Chamber , upon an Information brought by Sir Edward Coke her Majesties then Artorney General , prosecuted by the Earl of Huntington for wearing his Livery to make himself a Member of the House of Commons in Parliament , after several Motions , Debates , and Disputes in the House of Commons , a Conference was concluded to be had with the Lords thereupon , the rather for that it had been said that the Lords in Parliament were reported to have directed the said Bill to be exhibited in the Star-Chamber , one of their House being concerned therein , and a day appointed by the Lords accordingly , which failing and revived again by a motion of one of the Members of the house of Commons in their own House , and the matters limitted , whereupon it should consist , first touching the offence committed by Mr. Belgrave , whether it was an Infringement of the Liberty of the House of Commons , and for the first , that the Commons would do nothing therein until a Conference with them , for the 2d . to know the reasons of their Lordships appointment of the Information , and to bring it to some end . Mr. Speaker at another day certifying a message from the Lords concerning some other matters , Sir Edward Hobby said , We attended the Lords that morning which was appointed touching the Information against Mr. Belgrave , who in the end concluded that forasmuch as it concerneth them as the House of Commons Priviledges , they desired some time to consult , and they would send us word of their Resolutions , and some days after a Copy of the Information against Belgrave was sent to the House of Peers unto them under the hand of the Clerk of the Star Chamber by them , and Sir Edward Hobby with some Bills , but nothing appeareth to have been done touching the said Information against Belgrave . In the mean time a servant of Mr. Huddleston a Knight of the Shire for Cumberland being arrested in London upon a Writ of Execution , the Plaintiff and Serjeants denying to release him , because it was after Judgment , they were upon complaint to the House committed to Prison , the Serjeant released , paying the Serjeant at Arms Fees , and the Plaintiff paying them as well as his own , was ordered to remain three days in the Serjeants Custody . For a like Judgment was cited to have been given by the House of Commons in the case of the Baron of Wilton in that Parliament . Upon Thursday December the 7th Sir Edward Hobby shewed that the Parliament was now in the wain and near ending , and an order was taken touching the Information delivered to this house ( viz. the House of Commons ) in Mr. Belgraves case but nothing done therein , and as it seemeth by not taking out the Process no Prosecution of the Cause is intended against the said Mr. Belgrave , he thought it fit , because the chief Scope of the said Information seemeth to be touching a dishonour offered to this House , that it would please the House that it might be put to the question , ( being the original and first horrid fashion of their afterward altogether course or manner of voting , and making their own pretended Liberties ) whether he hath offended this House yea or no ? If he hath , he desireth to be censured by you , and if he hath not , it will be a good motive to this Honourable House here present , who are Judges in this Court ; ( and yet he might have remembred what long and learned debates and disputes there had lately been amongst themselves , whether the Custom of that House was or had been in cases of grievance to proceed by Bill , or Petition to the Queen , and it was resolved that it was the most proper and dutiful way to proceed by Petition , which was done accordingly ) in clearing the Gentleman of that offence when it came before them , which had then no higher esteem in Sir Edward Hobbyes opinion , than to be previous to an after disquisition which that Law and the Queens Writ , and the Election of that part of the people that brought them thither , neither did or could give them any greater authority than ad faciendum & consentiendum to do and perform that which the King and Lords in Parliament should ordain to be done and performed , and when all should be rightly considered was an offence ) too often by more than one or once since practised , to procure a Membership indirectly in an House of Commons in Parliament ( committed by Mr. Belgrave that should as little have been countenanced as there was any just or legal Warrant for it , wherein Mr. Comptroller said , I know the Gentleman to be an honest Gentleman , and a great Servant to his Prince and Countrey , I think it very fit to clear him , I wish it may be put to the Question , I will be ready to vouch your sentence for his offence when it comes there , but if any other matter appears upon opening the Cause , with that we have nothing to do . Mr. Secretary Cecil who had not long before said in the same House , he was sorry to see such disorder , and little do you know how for disorder this Parliament is taxed , I am sorry I said not slandered , I hoped that as this Parliament began gravely and with Judgment , we should have ended modestly , and at least with discretion , I protest I have a Libel in my pocket against the proceedings of this Parliament , could when he came to speak of Mr. Belgraves aforesaid offence say , he had heard it spoken of diversly , but for his own part he was more apt to move against Mr. Dyet a Member of that House that drew the Information in the Court of Star-Chamber against Mr. Belgrave , that he should be well punished for seeking to diminish the Praerogative of the Court ( a power or word never before believed to be proper or applicable to the House of Commons in Parliament ) by praying Aid of the Court of Star-Chamber for an offence done to us this Court sitting , ( which complexedly with the House of Peers in Parliament hath been , and ought to be stiled a Court , but not separately as to its own constitution or practice ; ) And desired that Mr. Belgrave may be cleared here , which will be a good Inducement not to censure him heavily there , Mr. Ravenscroft said , we ought not proceed against a Fellow member until he be called ; It is not apparent to us that he made the Information , it is under Mr. Attorneys hand , and therefore ought to be intended his , for now it is upon Record under his hand , against which we can receive no Averment , by speech of others , but by the Gentleman 's own words , viva voce . And so there was no more said of that matter . But it was put to the question whether he should be cleared of the offence to the House yea or no , and all cryed I , I , I , only young Mr. Francis Grantham , who gave a great No , at which the House laught , and he blusht . Some of the Members of the House of Commons observed and found fault , that when the Members were Voting , the contradicting party went out of the House leaving the affirming party in the House , they that remained did it more to continue and abide in their places , than for any affection they had to the Vote of the other , and there might be also a great mistake in the temputation of the whole number of the Members , when some never came at all , or tarried but a little , while many others were strugling in or out about their own Domestick or particular Affairs . Upon Friday December the 18th . Anno. Dom. 1601. as the Speaker was going to the House in the morning , the Queens General Pardon was delivered unto him , which he took and delivered into the House , which they sent back again , because it was not brought according to course ( an haughtiness not usual or comely for those that were to receive such vast benefits by it . ) The Collection for the Clerk of the Houses Servant supplying his Masters place at 12 d. each Member , amounted unto 25 l. which was after the number of 500 Members . Afterwards Mr. Attorney General assisted by Dr. Cary on the right hand , and Dr. Stanhop on the left , brought to the House her Majesties free and general Pardon , and delivered also to the House their Subsidy-Bill , for the grant of four entire Subsidies , Eight Fifteenths and Tenths , the Subsidy of the Clergy , was sent in a Roll according to the usual Acts , whereunto Sir Edward Hobby took exceptions because it was not sent in a long Skin of Parchment under the Queens Hand and Seal , so it was sent back again , and then the other was sent . The Lord Keeper upon the Speakers Speech at the ending of the Parliament said , That Laws were to have the Queens Royal Assent , as God should direct her Sacred Spirit , that she saith touching their proceeding in the matter of her Praerogative , that she is persuaded that Subjects did never more dutifully , and that she understood they did obiter touch her Praerogative , and not otherwise , but by humble Petitions , and therefore that thanks that a Princess may give to her Subjects she willingly yieldeth ; but now she well perceiveth that private respects are privately masked under publick pretences ; as for the grant of the Subsidies , and the manner of giving the Subsidies , it was not persuasive or by persuasive Inducements , it was speedy , freely , and of Duty , with great Contentment , that no Prince was ever more unwilling to exact or receive any thing from the Subject , then she our most Gracious Soveraign , for we all know she never was a greedy Grasper , nor strait-handed keeper , and therefore she commanded him to say , that you had done plentifully , dutifully and thankfully ; And added also an admonition to the Justices of Peace ( many of which probably were Members there present ) that they would not deserve the Epethites of prowling Justices , Justices of quarrels , who counted Champerty good Conscience , Justices who did suck and consume the Wealth and good of the Commonwealth , and also to those who do lye if not all the year , yet at least three quarters of the year at London , and after some Bills or Acts of Parliament signed with la Royne se voult , or come il est desire , and some others with la Royne savisera dissolved that Parliament in Anno 1601. Which may be justly accompanied with the Observations and Annotations of that eminent and learned Lawyer Mr. William Noy Attorney General of that pious Prince and Martyr King Charles the first , who was by death arrested and called out of this World before his Royal Masters Persecution , and ever to be detested Murder , and in all probability if he had then been living , would have done more towards the rescue of his Royal Person and Government , than all these silent Lawyers that crouched under the burdens of the Rebellious miscalled Common-wealth , and their Man of sin Oliver Cromwell , that afterwards cheated them of their Prey . In former times , especially since the admittance of Commons elected to Sit in our great Councils in Parliament , all the Acts of Parliament were framed and drawn up upon the Petitions of the Parliament , and the Kings Answers thereunto by the Judges , and the Kings learned Council at Law compendiously , and very often after the ending of the Parliament , or some good part of time afterwards , and if any thing were oversliped by the Commons , a clause was added to help the same . But on the other side , after the Petitions and Answers were read , and the Royal Assent given , Additions contrary to the meaning of the Commons have been added , and sometimes somewhat omitted . All Bills commonly called Petitions , were most usually exhibited by the Commons , it being their part petere leges , as best knowing what was amiss . At the making of the Statute of Merton in Anno 20. H. 3. concerning Trespasses in Parks and Ponds , the answer was , it is not yet discussed , for the Lords demanded the imprisonment of the offenders therein , and the King denyed it , wherefore it was deferred . Some Petitions were formerly indorsed coram Rege , against which the Commons petitioned in 6 E. 3. n. 31. for that nothing was done upon their Petitions , and therefore prayed that theirs might be answered before the Parliament ended . Some Bills have been exhibited in their names , which they agreed not unto , as in Anno 21. E. 4. 3. concerning exceptions of Villenage , where the Commons in their Petition afterwards alledged it to be expresly against the Laws and Customs of the Land , and therefore prayed the King and his good Council , to prevent the mischiefs , which might happen by that Petition , and maintain the good Laws and Customs of the Land in his time , and the times of his Ancestors , by the sages of the Law used , and without having regard to the Petitions of any singular Persons to the overthrow and open undoing of the Law of the Land. The Commons prayed that the Petitions , which were delivered by them in the last Parliament , and by our Lord the King , Prelates and Grandees of the Land answered and granted , be held , and the answers before granted , not changed by any Bill delivered in this Parliament , in the name of the Commons , or of any other , for the Commons do not avow any such Bill . Unto which was answered another time , the King by the advice of the Prelates and Grandees caused to be answered the Petitions of the Commons touching the Laws of the Land , that the Laws had and used in times past , nor the process used hereafter , cannot be changed without making thereon a new Statute , the which thing to do the King would not then , nor yet can intend for divers reasons , but as soon as he can intend it , he will take the Grandees and Sages of his Council about him , and Ordain upon such Articles and others touching the amendment of the Law by their Advice and Council , so as reason and equity shall be done to all his Leiges and Subjects . Anno 25. E. 3. Item priontles Commons , that for no Bill , especially of singular Persons , no Statute heretofore ordained be changed , nor other process made upon the Execution of the Statutes , which hath not been used in times past . About which time , or not long before , the Commons did use to present their Bills ( or Petitions ) to the Re ceivers of Petitions appointed by the King by one select Messenger ( no constant Speaker it seems being then made use of , or Mace or Ensigns of Honour carried before him , by one of the Kings Serjeants at Arms , granted or allowed by the King , of which honourable circumstances Mr. Pryn acknowledgeth he could find no original ) accompanied with divers other of the House , which probably , saith Mr. Noy , might produce such or the like inconveniencies . A Subsidy was granted upon condition that their Petitions and grievances might be received the next day in Parliament , and hasty remedies ordained , which being promised , the Commons were ordered to deliver their Petitions to the Clerk of the Parliament ( then intended and understood to be of the House of Peers ) which was done accordingly . Anno 21. E. 3. The Commons advised four days on the Kings charge for their advice to be given touching the French War , wherein at last they desired to be excused . Anno 22. E. 3. Granted an Aid upon condition that their Petitions of the last Parliament , and of this , might be dispatched in the presence of four or six of the Commons , and afterwards delivered their Petitions to the Clerk of the Parliament . Anno 29. E. 3. The cause of Summons being declared on the Wednesday for a speedy Aid , the Commons were commanded to give their answer upon the Friday following , and in the mean time to make ready their Bills and Petitions , on which day after a short parlance with the Lords , they granted the Subsidy , and exhibited their Petitions before the King. Anno 42. E. 3. Were charged to make ready their Petitions , and to deliver them upon the Wednesday following . Anno 43. E. 3. Being commanded to deliver their Petitions prayed day until the Saturday following , and then presented the same . Anno 47. E. 3. The King requiring a speedy Aid , commanded , untill it should be agreed , that all business in the Parliament should in the mean time be suspended . Petitions of the Commons were not alwaies delivered in Parliament to the Receivers of Petitions , but sometimes delivered publickly to the Lords themselves , sitting in their upper House , unless sometimes when the Lords had finished the charge given them by the King , and had no occasion to sit dailiy in their House , then they were delivered to the Clerk of the Parliament . Petitions also were sometimes in Parliament directed to be delivered to the Lord Chancellor , who might of himself give them such Remedies , as the ordinary course of the Chancery would . The King usually gave the Answers unto Bills exhibited by the Commons with le Royle veult , or le Roy's advisera , to ordinary Petitions in the granting or denying . The petition of the Commons in 22 E. 3. was answered by our Lord the King , the Prelates and the Grandees of the Land , In 28 E. 3. Some by the Lords alone . And in the 2d R. 2. n. 47. some answered by the assent of the Commons , as 18. E. 3. to the 18 Article Anno 29. E. 3. n. 22. Some refered to the Kings great Councel , as 22 E. 3. n. 18. 28 E. 3. n. 43. Others answered by the Kings Councel alone , as Anno 17 E. 3. n. 52. 10 E. 3. n. 28. & 25 E. 3. n. 27. Some referred to the King himself , as 22 E. 3. n. 9. 29. E. 3. n. 18. 20 E. 3. n. 17. 16 R. 2. n. 32. 1 H. 4. n. 118. The Judges and the Kings learned Councel in the Law , and the Lords of the Kings privy Councel were antiently the standing Committees for to consider and examine Bills or Petitions , but the Judges and the Kings learned Councel at Law do now only attend the Lords in their Committees . All Bills and petitions in Parliament were formerly directed to the King and his Councel . Anno 20. E. 3. the Petitions of the Commons were brought before the Grandees of the Councel . Anno. 27. E. 3. the Commons pray that their Petitions may be answered , the which our Lord the King made to be read and answered by the Prelates , Grandees , and others of his Councel . The Chancellor telleth the Commons that the King would ordain certain Lords and others after Easter , who should Sit upon the points of their Petitions not answered at that time . The Judges are summoned to Parliament ad tractandum cum concilio , for so it was explained Anno 4. E. 3. the praeamble of the Statute de Bigamies mentioneth the presence of certain reverend Fathers Bishops of England and others of the Kings Councel . Anno 17. E. 3. the Parliament was adjourned before Receivers and Triers of Petitions were appointed . Although a time was before limited for the delivery of Petitions , and the Commons were charged touching the maintenance of Peace , &c. Petitions were sometimes answered by a Select number of the Kings Councel , and at other times all as the King pleased . Some Petitions were formerly indorsed coram Rege , against which the Commons petitioned in 6 E. 3. n. 31. For that nothing was done upon their Petitions , and therefore prayed that they might be answered before the Parliament ended . It appeareth by divers Answers to Petitions in Parliament , that the Kings Councel unto whom they were committed did but report , what they thought fit to be done for Answer , prout Anno 15. E. 3. n. 17. where it is said , our Lord the King caused the same Answers to be given to the said Petitions , the which together with the Petitions were reported in full Parliament . Eodem Anno it was answered , Our Lord the King commanded Answers to be made , the which put into writing were reported before our Lord the King , and the Prelates , and other Grandees . Anno 17. E. 3. It seemeth to the Councel that it be done . Anno 18. E. 3. Divers Petitions of the Commons being exhibited , a Memorandum was entred , viz. Unto which Petitions it was answered by the King and the Grandees , as to the second Article , Soit cestipetition granted . To the third Article il plaist au Roy , &c. To the eight Article il plaist au Roy & au Son conseil quae se soit . To the eleventh il plaist au Roy , &c. To the 12th Article Soient les Statutes sur ceo faites tenus , &c. Anno eodem the Answer was , It is assented by our Lord the King , the Earls , Barons , Justices , and other Sages of the Law , that the things above written be done in convenable manner according to the prayer of the Commons in a long Petition of theirs against provisions from Rome , whereunto the Bishops durst not assent . Eodem Anno the Commons exhibited their Petitions , which were answered drawn into a Statute sealed and delivered unto them Sedentibus before the Parliament ended , in the same Parliament also the Parliament exhibited their Petitions , which were answered , sealed and delivered unto them sitting the Parliament , which was not usual , for the Statutes were most commonly made after the end of the Parliament . The Answer to one of the Clergies Petitions in this Parliament was accord est pur assent du conceil . Unto which may be added those of the 20th year of the Raign of King Edward the third , which concerned the Pope , to which Answers the Praelates ( who were of that Committee ) not daring to agree , the opinion of the temporal Lords and the Judges were only reported , viz. It seemeth to the Earls , Barons and other Sages , Lay-men of the Kings Councel , &c. Anno 21. E. 3. il Semble a conseil qu'il faut faire pour grand bien si plaist au Roy & as grandes du terre . Eodem Anno , It seemeth unto the King , the Praelates and the Grandees , that the Custom stand in force , the Commons having petitioned that the Custom of the Cloth made in England might be taken away . Anno 25. E. 3. It seemeth to the Councel that such enquires cease , if it please the King. Eodem Anno , It seemeth to the Councel that the Laws heretofore ordained ought to suffice , for that this Petition is against the Law of the Land , as well as against the holy Church . It seemeth to the Councel that it ought not to be granted ( the Petition being that no Capias Excommunicat . should issue before a Scire facias to the party Et al. hujusmodi , &c. Eodem Anno , It was answered , It is not the interest of our Lord the King , nor of the Grantz . Anno 28. E. 3. n. 33. It seemeth to the Lords and to the Grands that the Petition is reasonable , Eodem Anno , It is answered , Let the Common Law used stand , for the Lords will not change it . Anno 30. E. 3. The Petition of the Commons touching Chaplains Wages had two answers , The Archbishops and Bishops at the motion of the King and Grandees have ordained , &c. And therefore the King and the Grandees have ordained , &c. Those two Answers are recited almost ad verbum , the Prelates first , and then the Temporal Lords considered of the Answer . Anno 47 E. 3. It was answered , The King and the Lords have yet no will to change the Common Law. Eodem Anno , The Commons do require that every mans Petition be answered . Anno 2. R. 2. apud Glocester le Roy del assent des Praelats , Dukes , Countz , Barons , & de les Commons de son Royalme ad ordeigne , &c. The Commons having petitioned that all manner of Merchants might have free Traffick here . And the like Answer was made to their Petition in Anno 3 R. 2 n. 37. & 38. In 16. R. 2. Upon a Petition of Robert de Mull and his Wife touching the discharge of a Fine , the King answered , Soyent au Roy car ceo nest petition du Parlement . In Anno 20. R. 2. Robert Mull petitioned the Commons stiling them by the title of honourable and Sage Commons in Parliament , praying them to be discharged of a Fine to the King imposed upon him , and supplicating them to make Relation thereof to the Parliament , and alledging that his Bill or Petition had been put upon the file the last Parliament , which doth prove that there was no standing Committees then appointed by the Commons in Parliament . 2 H. 4. The King by Advice of the Lords in Parliament hath committed this Petition to his Councel . Eodem Anno upon a Petition of the Commons for removing of Stanks and Milks , generally , it was answered , It seemeth to the King and to the Lords , that this Petition sounds in disherison of the King and of the Lords and others , wherefore let the Statutes before made be held and kept . Eodem Anno , It is assented and accorded by the King and Lords , &c. Anno 2. H. 5. The King by the assent of all the Lords granteth , &c. Touching the Petition for taking of Tithe of great Wood contrary to the Statute of 4 E. 3. whereupon the Judges were of sundry opinions ; It was answered , because the matter of the Petitioners demands required great and mature deliberation , the King therefore would that it be adjourned and remitted to the next Parliament , and that the Clerk of the Parliament cause this Article to be brought before the King , and the Lords at the beginning of the next Parliament for declaration thereof to be made . In the 2d year of the Raign of King Henry the sixth the King by the assent of the Lords Spiritual and Temporal and the Commons , granted the contents of their Petition in all points . Divers other Answers given do prove Debates to have been in Parliament upon Petitions betwixt the Lords and the Kings Councel . And saith Mr. Noy , that grand and very Attorney General to King Charle 〈…〉 the Martyr , who unhappily died before his Royal 〈◊〉 had so much need as he had afterwards of his great abilities , or who ever was the careful Examiner of many of the Parliament Rolls and Compiler of that Manuscript which is honoured with his name , there can be no question made of those or the like Answers that they were conclusive , but only reported unto them to have their opinion first , and then their assent by vote after deliberation , which should necessarily precede their assent , and the Answerers were properly the Lords in the Kings name . And the Debate was in the Kings presence , for , saith he , I have seen the fragments of the journal tempore H. 7. which directly sheweth that the King himself was present at the Debate of divers Bills ( or Petitions ) that were exhibited to the Commons and the Parliament , being kept in the Kings house , and near his own lodgings . The Commons Petition that the Sheriffs be allowed in their accounts for Liberties , &c. Unto which was answered , The Lords were not advised to assent unto that which may turn to the decrease of the antient Farms of the Realm , or damage of the Crown , for ever , seeing the King is within his tender Age. The Commons exhibited two Bills against the Ryots of Cheshire and Wales , &c. To which was answered by the assent of all the Lords and Peers , when all the Lords and Peers in Parliament were charged in the Kings behalf , whereupon they have of their own good grace and free will promised to aid according to their power . In the 18th year of the Raign of King Edward third , divers Answers were made accord , &c. not naming by whom , and some were general , with only , let this Petition be granted , yet the Statute touching Pleas to be held before the Marshal doth expound the practice of that age , when it saith , that the King by the assent of the Praelates , great men and the Commons granted the same . In the Act for moderation of the Statute concerning Provisors , the Commons are named , and the Lords wholly omitted , and yet in the next Parliament , Anno 2. H. 4. upon a complaint of the Commons that the said Act was not truly entred , the Lords ( upon examination granted by the King upon protestation that it should not be drawn into example , and the King remembring that it was well and truly done as it was agreed upon in Parliament , ) did affirm , that it was truly entred , taking no exceptions at the said omission , but said , it was entred au maniere come il fuest parlz & accords par le Roy es Commons . Anno 17 E. 3. The Commons petitioning that Children born beyond the Seas might be inheritable of Lands in England , that Statute was not inrolled in the same year ; the Archbishop of Canterbury demanded of all the Praelates and Grandees then present , whether the Infants of our Lord the King , being born beyond the Seas , should be inheritable in England , the which Praelates and Grandees being every one examined by himself , gave their Answers , that the Kings Children are inheritable wheresoever they be born , but as touching the Subjects Children born out of the Kings Service they doubted , and charged the Judges to consider thereof against the next Parliament , the Petition was entred in the Parliament Roll. The Commons do pray , that where many Parceners use an Action Auncestrel , and some are summoned , and have served their Writs alone without naming the others who have recovered , and in the same manner that it may be done of Jointenants . To which the King answered , il sue al conseil qu'il foit faire par le mischeif qu' ad esteentiels cas lieur heirs . And therefore saith Mr. Noy , Let the Lawyers puruse those Parliament Rolls , viz. 17 , 20 , 21 , 22 , 29 , 40 , 46. 51 E. 3. wherein no Statutes at all were made . Annis 47 and 50 E. 3. Statutes were made , yet very many of the Petitions were not granted , but omitted , and doubts not but they will find divers granted , which demanded Novelley , and yet not observed for Law , because they were omitted in the Statute , and that therefore the Commons have petitioned for some of the same things again in subsequent Parliaments , which they would not have done ( except touching Magna Charta ) if they had , had the grant of their former Petitions been in force . In the 11th year of the Raign of King H. fourth , The Commons do pray that no Chancellor , Treasurer , &c. nor no other Officer , Judge , or Minister of the Kings taking fees or wages of him , do take any manner of gift or brocage of any man upon a grievous pain . To which was answered le Royle voet , which being entred in the Parliament Roll , in the margent was written , Respectuatur per dominum principem & concilium , whereby it was not made into a Statute , nor ever observed for a Law. In the same year they Petition against Attorneys Prothonataries and Filacers , which being likewise granted and entred in the Parliament Roll , hath in the margent also written the like Respectuatur , and so no Statute made thereon at any time . But in the next Parliament 13 H. 4. The Clerks and Attorneys exhibiting their Petition to repeal that of 11 H. 4. did alledge that the Petition and Answer , if they be enacted in manner aforesaid into a Statute , and put in execution , would be grievous , insupportable , and impossible , and therefore prayed a modification . To which was answered , Let the Petition touching the Prothonataries and Filacers be put in suspence until the next Parliament , and in the mean time let the Justices be charged to inter-commnne of this matter , and report their advice therein . And the reason is , because an Ordinance is of a lower nature than a Statute , and cannot repeal a Statute , which is of an higher , and that Ordinances of Parliament are seldom published by Proclamation , as the Statutes were , whereby the Subjects might know how to direct their actions . The Statute of 15 E. 3. being never used or put in practice , was repealed by a bare Ordinance in the next Parliament . In the Statutes or Acts of Parliament concerning London , Anno 28. E. 3. and Anno 38. E. 3. and Cap. 6. concerning Coroners and Takers of Wood , Cap. 7. concerning Sheriffs , Anno. 25. E. 3. Cap. 1. concerning Pourveyors , and Cap. 4. concerning Attachments , and Cap. 2. concerning Treasons , the assent of the Lords in the Parliament Rolls is wholly omitted , and yet the Statutes the best Interpreters do mention their Assent . In the 21 E. 3. the Commons pray that the Petitions delivered in the last Parliament be dispatched and answered this Parliament without any delay , &c. To which the King answered , The shortness of the time will nor suffer that those things be dispatched before Easter , and therefore it pleased the King that those other things be dispatched . The King in Anno 22. of his Raign greatly prospering in his Wars in France , and besieging Calice , sent unto his Parliament in England to demand a Subsidy , putting them in mind of their promise to aid him in those Wars with their bodies and their purses , whereupon they granted him two fifteens , the King shortly after informing them of more successes , and that he had granted to the King of France a Truce , and demanding another Subsidy , and to make them the more willing thereunto , required their advice , whereupon after four days deliberation with the Lords , fearing the lengthning of the Wars by Truces , refused to advise touching the same . The King on the other side received their Petitions , but answered them not , and therefore the next Parliament the Commons petitioning for Answers , conditioned with the King in their grants of the Subsidy to have Answers to their former Petitions , and those also which were delivered in the present Parliament ; and although they were entred in several Rolls , as if they had been answered in each Parliament , they were all answered in the latter . And the use and practice was to enter none but such as had been read . In the 6th year of the Raign of King E. 3. it being demanded of the Lords and Commons on the behalf of the King , whether he should stay until the business of Parliament were finished , or take his Journey in hast into the North , they advised him to go hastily into the North , and to appoint another time for the dispatch of the business of the people upon their Petitions . The Parliament giving a very great Subsidy to the King , a condition was assented unto , that the Petitions of the Commons should be granted , upon which requests and conditions by Commandment of our Lord the King by the assent of the Praelates , Earls , Barons and Commons , a Committee of Praelates , Earls , Barons , the Treasurer , some of the Judges , and ten Knights of the Shires , six Citizens and Burgesses , whom the Commons should chuse to sit from day to day , as also concerning the Petitions of the Clergy , and put the same into a Statute . The which Archbishops , Bishops and others , having heard and tried the said requests by Common assent and accord , caused the Points and Articles to be put into a Statute , the which our Lord the King by the assent of all in the said Parliament commanded to be ingrossed , sealed , and firmly to be kept throughout the whole Realm . Divers things are entred in the Parliament Rolls which had not the consent of the Commons , for that they might have been concluded by the King and the Lords without them , yet none such could have been entred , but those which were determined in the open house , and not privately at a Committee . The Answers to the Commons were appointed to be read Sedente Curia , and a Committee appointed to prepare the Answers to the rest after Easter , and so the Clerk having only read those that were answered , the Parliament ended , saith the Record , in Lent. Shortly after upon the examination of the Subsidy , that it would not answer the expectation , he hastily summoned a Magnum concilium in Octabis Trin. following . Where after a further grant of a Subsidy , the Petitions which were not answered the last Parliament being read before the King , Grands and Commons , the King gave them leave to depart , and so ended the Councel . One of the last Parliament against Impositions upon Woolls without assent of Parliament is made into a Statute . And happily it was answered at the Councel and not at the Parliament . And if that very age interpreted it to be legally done , we must do so also saith , that learned Commentator . Anno 47 E. 3. where the Commons having delivered their Petitions , and desired Answers , it was told them that it pleased the King , if any of them would stay to attend and have Answers of their Petitions , that the rest might depart , and it was not unusual in those times for the Commons to have leave to depart , and yet the Lords to stay and dispatch business afterwards , and the same reputed to be done in Parliament prout Anno 6. E. 3. Gregory n. 16. & 6 E. 3. Hill. n 7. in fine 1 R. 2. n 41. & 137. The Commons did pray the King that he would advise to do that ease unto his people which he may well do . And Anno 18. E. 3. do pray that the Statute of Westminster the 2d may be declared , to which the King answered , Let the Justices and other Sages be charged to advise of this point until the next Parliament . They pray that the Statute for the Kings presentment within three years , &c may stand . Whereunto it was answered ( probably by the Lords ) let the King be advised and do further by advice of his Councel that which he shall will to be done . Eodem Anno they do pray that sufficient men be made Sheriffs and abide but one year , as hath been ordained , and that the said Office be not granted for life or in fee. Whereunto the King answered , as touching the first point , let the Statute be kept , as touching the 2d the Councel will advise the King that it be not done , for they be advised that it is against the Statute . And note , saith that learned Observator , that the King was then beyond the Seas , and the Lords would not give a direct answer in his absence to what concerned his power to grant an Office in fee. The Commons shew that the Scots entred England in the Kings absence , and pray that the Prisoners taken in the Battel at Durham may be so ordered , as the damage and danger happen not again . To which was answered , the King will advise therein with his Grands , and by their advice ordain that which shall be for the best , and so do , as the Commons shall be out of doubt of that which they suppose by the help of God. Which being a matter of State , the Lords would not conclude without the King , but leave it to himself and his Privy Councel . They pray that no Royal Franchises , Lands , Fees , Advowsons , which belong to the Crown , or are annexed to it be given away or severed . Unto which was answered , The King will advise with his good Councel , that nothing shall be done in this case unless it be for the honour of himself and the Realm . Eodem Anno they do pray , whereas holy Church ought to have free Elections , the Pope doth now begin to give Abbies and Pryories by Resignations , &c. That the King would ordain Remedy therein by advice of his Councel . Whereunto was answered , the King will advise with his good Councel . The Commons do shew , that whereas the men of the Navy have assented to all Taxes currant in the Land , yet their Ships are taken , and many lost in the Kings Service without any recompence given unto them . Wherefore they pray , that the King would be pleased to ordain thereof Remedy . To which was answered Le Roys ' avisera . Which being a Petition coram Rege concerning him and their Wages and Recompence , the Lords referred it wholly unto his Majesty . Anno 22. E. 3. they do pray that no Appeals be received of any Apellors of Fellony done out of the County where he is imprisoned . To which the King answered , that will be to make a new Law whereof the King is not advised as yet . Anno 25. E. 3. they Petition against the payment of Tithe-Wood . Unto which was answered , the King and his Councel will advise of this Petition . They pray , that the Customs of the Merchants cease , and they make their own conduct . To which was answered , le Roys ' avisera , and thereupon will answer in convenable manner . Anno 13. E. 3. they pray that a Justice of the one Bench or the other may come twice a year into the Counties beyond Trent . To which the King answered as touching this point , l' Roys ' avisera . Which amounted not to a denyal , for the Judges went Circuit thither afterwards . Anno 37. E. 3. They pray that none be impeached for making Leases for Life in time of Pestilence , nor hereafter for Lands holden in Capite without Licence of Alienation . To which the King answered , This requires a great deliberation and therefore the King will advise therein with his good Councel how this right may be saved , and the Grands and Commons of this Land eased . Anno 45. E. 3. they Petition for the free passage of Woolls . To which was answered , Estoit sur avisement . Anno 50. E. 3. They pray that a Fine levied by Infants and Feme Coverts may be reversed within three years after they come to years , or their Husbands Death . To which the King answered , le Roys ' avisera tanque al procheine Parliament de changer le loy devant used . And it was the observation of Mr. Noy that faithful and learned Attorney of his late Majesty , that in the Raign of King E. 3. in whose time the Answers of le Roys ' avisera first began by reason of his being continually in War beyond the Seas , the King or his Councel had no leisure , or at least no will to answer , & so in time s' avisera became as bad as a denyal , and no other Answers given to such Petitions shewed , that the King was not pleased to grant them . The Commons alledging , that notwithstanding the Statute made concerning Lands seized into the Kings hands by his Escheators , the Lands after Enquest taken , and before it can be returned into Chancery are granted to Patentees , and before the Tenant can be admitted to traverse , the Lands are many times wasted , do pray , that none be outed by reason of such Enquests until they be returned into the Chancery , and the Occupiers warned by Scire facias to answer at a day to come , when if they do not appear and traverse , and find Sureties to answer the profits , and commit no wast , if it be found for the King , and that if any Patent be granted , or any thing done to the contrary , the Chancellor do presently repeal the same , and restore the Complaint to his possession without warning the Patentee or other occupier as well for the time past as the time to come . The Answer unto which was , The King willeth and Commands upon great pain that the Escheators hereafter do duly return all their Enquests in the Term and upon the pain heretofore ordained by the Statutes . And further it is accorded by the Lords of the Realm if it please the King , that before such Enquests be returned into the Chancery , the King shall not hereafter make any Patent of such Lands in debate unto any , &c. And that the King of his abundant grace will abstain one month after such return , within which time the party may traverse the Office , and that the King will not make any Patent of such Lands unto any Stranger , and if after any be made , it shall be void . But touching that which is demanded of Patentees made hereafter le Roys ' avisera . It being observed by that worthy Observator , that as he conceived the first part was answered by the Kings Councel , and by them reported to the Lords , who added the rest of the Answer , if it please the King. And yet the said Answer is vacated upon the Roll , being Crossed all over with a Pen , and the reason thereof given in the margent with a contrary hand to that of the Roll , which sheweth that it was done after the Parliament was ended , and after the said Roll was ingrossed , viz. Quia dominus noster Rex noluit istam responsionem affirmare , sed verius illam negavit pro magna parte dicens , soit usez come devant en temps de ses nobles progenitors Roys d Angle terre out ad estre use , Et ideo cancellatur & damnatur . And there can be no question but this answer ( in the affirmative ) was allowed ( at the least not denyed ) at the time of the Royal assent , and that afterwards when the Statute was to be drawn up , the King taking advantage of the words ( si plest au Roy ) did deny it , and so the Roll was vacated . And the Councel ( which ought to be intended the Kings Privy Councel , for the Lords were the Kings great Councel , and they or any Committee of them assisted by the Judges whilst the Parliament was in being were at the dissolution or proroguing thereof all gone out of their former power or employ , and nothing ought to debar a King from advising with his Privy Councel by whose Advice , as the Writs of Summons do import his greater Councel was called to assist them as well as himself in the time of Parliament , or after it was ended , and whether the one or the other had just cause to advise the King not to grant that Petition for it , omitted the finding of Sureties to commit no Wast , and to answer the Issues to the King , which the Commons offered in their Petition , and the Lords , if the King so pleased , that no Patent be made to any stranger of the Lands in debate , which the Commons never desired . But the Councel were the willinger to let it pass , because it was in the Kings Power to deny it afterwards , as he did , whereas , had it been the practice of those times , the Councel would rather have kept back the Answer , and not suffered it to have been read at the time of giving the Royal Assent , In the fame Parliament ( after the said Petition was granted , and the Assent cancelled as aforesaid ) the Commons delivered openly in Parliament a great Roll or Schedule , and another Bill annexed to the said Roll containing about 41 Articles , one of which remains Cancelled and Blotted out . And in a Petition do pray the King their Leige Lord and the continual Councellors about him ( which can be no otherwise understood than of his constant privy Councel ) that of all the said Articles comprised in the said Roll and Schedule or Bill , which are in the file of other Bills in this Parliament , good Execution and true Justice be done for the profit of the King our Lord and his whole Realm of England . Whereupon after it was said by the Chancellor of England on the Kings behalf to the Knights of the Shires , Citizens and Burgesses there present , that they sue forth their Writs ( for their Wages ) the Praelates and Lords arose and took their leaves of the King their Lord , and so departed that present Parliament . And after the Parliament ended , the Commons delivered unto the Lords two great Bills , for the Commonalty of great Yarmouth , the which Bills with the Indorsements thereupon made by the Lords , were also on the Filace . Divers Bills are there mentioned to be delivered , and some mentioned to have been answered ( as happily all were ) ( saith that diligent Observator ) by the Lords of his Majesties Councel after the Parliament ended . And therefore no marvel if all the Answers were not read on the last day of the Parliament , when some of them were not made until after the Parliament ended ; and there is a Petition directed to the thrice redoubted Lord the King in these words following , viz. Supplie vos Leiges , the Praelates , Dukes , Earls , Barons , Commons , Citizens , Burgesses , and Merchants , of the Realm of England . For Magna Charta to be confirmed unto them , and for a general pardon setting down the Articles thereof , whereof many were granted and many qualified as the King and his Councel pleased to answer the same . And it was not the use and practise of those times to keep back any Answer that was justly displeasing to the King and his Councel , much less any other . For in Anno 11. H. 4. The Commons petition , that none of the Kings Officers may receive any gift , &c. To which the King answered , le Roy le veult . In the same year a Petition of the Commons concerning Attorneys was granted by the King , and both the Petitions and Answers were ingrossed in the Parliament Roll together with the rest , which shews plainly , that they were Read on the last day of the Parliament for the Royal Assent . Yet notwithstanding the Kings Councel so misliked them , that when the Clerk attended with the Roll of that Parliament , for the drawing up of that Statute ( as the manner was ) those two Petitions and Answers were not thought good to be inserted in the Statute , and therefore they did write in the Margent of the said Roll against the same , these words , Respectuatur per Dominum Principem & Concilium , which is written with another hand , [ & si non antea ] le Roy le veult , answered to a Petition of the Commons without a Statute made there , is only an Ordinance . The Commons complain of Commissions granted to enquire of divers Articles in Eyre ( generally ) which have not been heretofore granted without Assent of Parliament , and of the proceedings of the Justices therein contrary to the Law in assessing Fines without regard to the Quality of the Trespass . To which was answered , The King is pleased that the Commissions be examined in his presence . In the 21th year of the Reign of King E. 3. the Commons pray that their Petitions for the Common profit , and for amendment to have of mischiefs , may be answered and indorsed in Parliament before the Commons , so as they may know the Indorsement , and thereby have Remedy according to the Ordinance of Parliament . In the 37th year of the Raign of King E. 3. the Chancellor demanded of the Commons the last day of the Parliament , after the Answers given to the Petitioners were Read , if they would have the things so accorded , mys par void ' Ordinance ou de Statute qui disoient qui bone est le matere les choses par voydes Ordinances & nemy per Statut & issint est fait . And yet those were no otherwise drawn up into an Ordinance , than only by entring the Petitions and Answers in a Parliement Roll. In the 9th year of his Raign , the Articles of the Clergy being answered , they procured the same Articles and Answers to be exemplified in such sort as they were entred in the Roll of Parliament ( which is lost ) without penning the same in any other form , and were afterwards published under the great Seal of England , with an Observari volumus . In the Raign of the same King it was accorded , that no Grand of the Land or other of what Estate or degree soever do make prizes or carriages for the houses of the King , Queen , or their Children , and that by Warrant shall make payment thereof ; and it was ordained by Statute , that that Accord be cryed and published in Westminster Hall ; And our Lord the King and his Councel willeth the same accord be cryed where it behoveth . So as where they prayed the publishing thereof at Westminster Hall , only the King and his Councel added the publishing thereof in London and elsewhere . And the close Rolls of that year do declare that it was published in all the shires of England . When an Ordinance had its first motion and being in the House of Lords in Parliament , and agreed on , and was drawn in the form of an Act of Parliament , it was afterwards to receive the Assent of the Commons in Parliament . In divers Parliaments when the Commons Petitioned for a Novel Ley , which the Lords were willing enough to yield unto , and the King to grant , yet for that the King intended not to make any Statute that Parliament , those Petitions have been deferred to another time , and divers others which did not demand a new Law , were granted and reputed for good Ordinances or Acts of Parliament . As when in 21 E. 3. The Commons prayed that in Writs of Debt or Trespass , if the Plaintiff recover damages against the Defendant , that he have Execution of the Lands which the Defendant had the day in which the Writ was purchased . Unto which the King answered , This cannot be done without a Statute , whereupon the King will advise with his good Councel , and further do that which shall seem best for his people . In the same year the Commons do shew , that whereas before these times it hath been used , that if Lands had been given to a man and his Wife , and the Heirs of their Bodies issuing , and the one dies , no Issue having been had betwixt them , the other may commit Wast without being impeached thereof , that it may please our Lord the King to ordain thereof Remedy , and that in such case a Writ of Wast be ordained . To which the King answered , Demurge entre les autres Articles dont novel ley est demandez . Eodem Anno , Shew the Commons , that whereas a Writ of Possession doth not lye of Tenements deviseable , though they be not devised to the great damage of all the Commons , that it would please our Lord the King and his good Councel , to ordain by Statute that Writs of Possession my lye and hold place as well of Tenements deviseable in case where they are not devised , as of others , and that there be saved to the Tenants their Answers in case that they be devised . Whereunto the King answered , Let it remain amongst the other Articles , whereof a New Law is demanded . In the 22d year of the Raign of the same King they do pray , that for that many are disinherited by non Claim , although they have good Right , and namely , those who are not learned in the Law , that non Claim be gone and utterly taken away . To which the King answered , This would be to make a New Law , which thing cannot be done for the shortness of time . Eodem Anno , Pray the Commons , that where a man is attainted at the Suit of the Party for Trespass done against the Peer , and the Trespasser taken and let by the Marshal and his Marshals to Mainprise , or at large they be charged with the Damages . To which the King answered , To put an Issue to this Article in manner as they pray , it would be to make a new Law , the which the King is not advised yet to do . The Commons do pray , That the Issues and Amerciaments of the Green Wax , be certainly expressed in the Estreats , and that the Sheriffs be allowed in their Accompts for the Hundreds granted from the Crown , which Petitions were referred to the next Parliament , for that the King had no leisure , or no intent to make Statutes thereof at any time . The Roll of the Parliament of 34 E. 3. is lost . In the 17th year of the said Kings Raign , the Commons do pray , the King to desire the Parliament to consider how he might gain the Arrears of the first year , and be put in a way for to gain the second year of the said Aid with less grievance to the People . But the Lords and Commons were so exasperated by the Excommunication threatened by the Archbishop of Canterbury against them all , because the King would not admit him into the Parliament , and that they required a Declaration to be first made and agreed upon , that the Peers of the Land , whether Officers or not , be not bound to answer the Kings Suit but in Parliament , and it was a whole week before the King would agree unto it . All which time the Archbishop demanded entrance , standing upon his right as primus Par Angliae , and required to be admitted upon pain of Excommunication . At the last the said Declaration being first agreed upon by a special Committee of the Lords , the King granted it , and presently upon the same day the Archbishop was admitted , who demanded Tryal by his Peers . But as touching the Aid for the King , the Lords and Commons incensed by the Clergy , flatly answered , that if the conditions of the grant in Anno 14. were not performed , they would pay none . After which the Laity and the Clergy exhibited their Petitions ( as the manner then was ) severally but petitioning the one for the other , as they never did since or before , except in Anno 25. E. 1. when the Popish Clergy had put that great and Victorious King also to the like plunge , and their Petitions being answered by the Kings Councel ( who were the standing Committee for that purpose ) but the Lords and Commons disliked thereof , and obtained a Special Committee of themselves to consider of the same , which being reported and well liked , a Statute was made thereupon by a Committee of the Grands and Commons , which being read before the King , and Sealed with his great Seal , and delivered to the Grands and Commons , divers of the Kings Councel , as the Treasurer , some of the Justices of both Benches , the Steward of his House and the Chamberlain were sworn upon the Cross of Canterbury to observe the same as much as to them belonged , but yet the said Councellors , Treasurer , and Justices made their Protestation , that they assented not to the making of the said Statute , nor to the form thereof , neither could they keep the same if they were contrary to the Laws and Usages of the Realm , which they were sworn to observe , which disorderly Parliament ending in May , and the King intending not to suffer the said Statute to be put in Execution , summoned his great Councel to meet at London in July following , to Repeal the same , but there were so many of the Praelates called thereunto , although the Archbishop was omitted , that he could not effect his desire therein , wherefore he summoned another great Councel to meet at Westminster about Michaelmas following , whereby the Assent of the Earls , Barons , and other wise men , ( not warning any Praelates ) the said Statute was repealed . In which Statute so Repealed , there will appear to have been many inconveniences both to the King and his People , if it had continued in force . The 2d Chapter whereof touching Tryal by Peers swerved very much from the true meaning of Magna Charta , cap. 26. Nullus liber homo , &c. For that appointeth his Tryal to be by his Peers , but restrains it not unto any place , whereas this limits the Tryals of the Peers of the Land to be in Parliament only , which would be very inconvenient to the King to wait for a Parliament for every Offence , and very troublesom to the Commons to be so often troubled thither , and no way beneficial for the Temporal Lords , for they , whether in Parliament , or out of Parliament , were ever to be tried per Nobiles Pares . The 4th Chapter had Clauses , that the King should place New Officers when they fall but by accord of the Grands , which shall be nearest in the Country , which is directly against the dignity of the King , to be thus limited in the choice of his Officers , and prove as inconvenient to the Subject , if those Grands should not be men of Merit . That the King shall take all Offices except the Judges , &c. into his hands the 3d day of every Parliament , and the Officers be put to answer every complaint , and if they be attainted , shall be judged by the Peers in Parliament , and the King shall cause Execution to be pronounced and be done accordingly without dclay , which is altogether unjust and against all Right and Reason and against the Law , to put any man out of his place before Judgment and Conviction , and against the Right and Dignity of the Crown to bind the King to Execute the judgment of the Peers ; And it is observable , that it was not in the Petition , but was added afterwards by the Committee , who drew up the Answer to the same , and so was the 4th Clause penned by the said Committee much more beneficial for the Subjects than was in the Petitions or Answers . Which particulars well considered , no man can blame the King for his dissimulation at that time , and his Repeal of that Statute . In the Parliament of 18 E. 3. where the King having summoned a former Parliament in the year before , and therein pacified the Lords and Commons so well as they all agreed , that the said Statute made in the 15th year of his Raign , should be Repealed and taken away , and loose the name of a Statute , for as much as it is prejudicial and contrary to the Laws and Usages of the Realm , and to the Rights and Praerogatives of the King. But for that some Articles were comprised in the said Statute which were reasonable , and according to the Law and Reason ; It was accorded by our Lord the King and his Commons , that of such Articles and others accorded in this present Parliament , a new Statute be made by the advice of the Justices and other Sages , and held for ever . And no Statute being made , the Commons prayed the King to have the Answers to their Petitions in writing in manner of a Patent under the great Seal of England for every County , City and good Town , one Patent for the comfort of the People , which the King granted by the advice of the Praelates and Grands , most of which were the Judges , Officers of State , and Privy Councellors of the King , which Patent was sealed and entred in the Patent Roll , under which was written , la Charter ensealer pour les Communs . After which the King summoned three Parliaments in 20 , 21 , and 22. But no Statute was made in either of them . The next Statute was made in Anno 25 E. 3. in which year the King had two Parliaments and Statutes made , but mention nothing by whom they were made , only the Commons do pray , that the Petitions reasonably prayed by the Commons be granted , confirmed and sealed before the departure of the Parliament . And in the same Parliament n. 43. The Commons praying , that the Statute made the last Parliament touching Reservations , be published and put in Execution . Unto which the King answered , Let the Statute be viewed and recited before the Councel , and if need be in any point , let it be better declared and amended , as the Statute of the King and the Realm be kept . By which it appeareth , that the Councel penned the Statutes . Anno 27. E. 3. The King summoned a great Councel , whither many Commons were sent , and it was agreed , that the Ordinances of the said Councel should be recited in the next Parliament . Anno 28. E. 3. n. 16. The Commons prayed , that the Ordinances of the Staple , and all the other Ordinances made at the last great Councel , which they have seen with great deliberation , be affirmed in this Parliament , and held for a Statute to endure for ever . Unto which the King and Lords agreed with one mind , so always , that if any thing be to be put out , let it be done in Parliament when need shall be , and not in any other manner . And accordingly there is an Addition at the end of the first Chapter against Provisors , as in the Statute Roll and Print , but not in rot . Concilii Anno 27. nor yet in the Parliament Roll de Anno 28. E. 3. That whole Addition seeming to be added by the Councel alone , and yet shewed to the Parliament for their consent before the said Statute was published . And it is observable by that of 27 E. 3. n. 43. and this of 28 E. 3. n. 16. That the Statutes were most usually made long after the Parliament ended , although in the Parliaments of 14 , 15. and 18 E. 3. they were engrossed and sealed in the time of Parliament sedente curia . Statutes were made when some of our Kings were beyond Sea , which happened often in the Raigns of . E. 3. and H. 5. Anno 25. E. 1. a Parliament was held at London when the King was in Flanders by his Son Edward , and the Statute made therein was put into the form of a Charter or Patent . Anno 13. E. 3. were two Parliaments whilst the King was beyond the Seas , but no Petitions or Statutes in either . Anno 14. E. 3. a Parliament was holden in the Kings absence beyond the Seas by his Son Edward Duke of Cornwal Guardian of England , but no Petition of the Commons nor Statute . Anno 23. E. 3. a Parliament was held in the Kings absence by Lyonell the Kings Son , Guardian of England , and divers Petitions of the Commons were then answered , but no Statute made thereof . Anno 51. E. 3. the King could not be present at the beginning of the Parliament , but granted a Commission to Richard Prince of Wales to begin the same , Et ad faciendum ea quae pro nobis et per nos facienda fuerint . And yet the Lords went to the King ( lying sick at Sheene ) the day before the Parliament ended , where he gave his Royal Assent unto the Answers made unto the Petitions , and commanded them to be read the next day in full Parliament , but yet no Statute was made thereon , notwithstanding the Commission , for the Commission was but for matters to be done in Parliament as the words Ibidem facienda fuerint do import . Anno 8. H 5. a Parliament was held in England by Humfrey Duke of Gloucester , the King being then beyond the Seas , wherein the Commons petitioned n. 16. That whereas it had been told them by divers Lords in this Parliament that the Petitions to be delivered to the Duke of Gloucester Guardian of England , shall not be ingrossed before they be first sent beyond the Seas to our Soveraign Lord the King to have therein his Royal Assent and Advice , wherefore may it please the said Lord Duke to ordain by authority of this present arliament , That all the Petitions delivered by the Commons to the said Duke in the Parliament be answered and determined within this Realm of England during the said Parliament , and if any Petition remain not answered and determined during the said Parliament , that they be held for void and of none effect , and that this Ordinance be of force and hold place in every Parliament to be held in the Realm in time to come . To which was answered , Soit avise per le Roy. Howsoever it may be conceived , that all the Petitions with the Answers were sent to the King for his Advice and Assent which of them should be in the Statute , and which not , for in that Statute consisting of three Chapters which was made that year , there are only two of the answers to their Petitions determined that is made into the said Statute , viz. pet . n. 4. in the 2d cap. and pet . n. 7. in the 3 cap. The Commons did not Petition for any thing contained in the 5th cap. neither is there any thing recorded thereof in that Parliament Roll ; & although one other of the Commons Petitions n. 15. for Women Aliens the Widows of Englishmen to have Dower was granted absolutely , and the Petition n. 8. against Retail of sweet Wines altogether , and the Petition n. 9. That Gascoign Wine should not be sold for above 6 d. the Gallon were granted with be it as is desired if it please the King. Yet neitheir of these Petitions are in the Statute . The usual time for making the Statutes , was after the the end of every Parliament , yea after the Parliament Roll was engrossed , Anno 3. R. 2. The Temporal Lords met in the great Councel after the Parliament was ended , where the Clerk read unto them the Enrolment of the Ordinance in that Parliament touching the power of the Justices of the Peace . At which time it is probable the Statute was made , and that Ordinance quite altered . Anno 11 H. 4. n. 28. and 63. The Petitions and their Answers agreed on in Parliament , are entred in the Roll with the rest , which past into the Statute of that year , and in the margent was written with another hand , Respectuatur per dominum Principem & concilium , and neither of those are in the Statute , by which it is very plain , that the Kings Councel met after the Parliament was ended to consider of the Petitions which were answered , and which of them were fit to be put into the Statute , and which not , and when the Clerk attended with the Parliament Roll , the Councel thought fit to respite those , and to deny them they could not . And it is evident by the many additions in the Statutes and alterations thereof , from the Answers agreed on in Parliament , that the Statutes were made afterwards . And many Chapters in several Statutes are not at all entred in the Parliament Rolls , as 27. E. 3. cap. 5 , 6 , 7 , 8. Eodem Anno cap. 7. & 19. 2. R. 2. apud Westm. cap. 3. Eodem Anno cap. 15 9. R. 2. cap. 3 , 4. & 5. 11. R. 2. cap. 4. 5. & 6. 14. R. 2. cap. 7. 15. R. 2. cap. 4. & 12. 16. R. 2. cap. 1. & 6. 18. R. 2. cap. 8. & 9. Anno 8. H. 5. cap. 1. 8. H. 6. cap. 28. & 29. 18. H. 6. cap. 3. 27. H. 6. cap. 3. The use being for the Clerk to bring the Bills themselves as well as the Roll before the Kings Councel , who penned the Statute out of the original . The Statutes were antiently drawn into a form of Law , and certain Articles out of the Petitions and Answers . Anno 25. E. 3. n. 23. The Petition was , quae nul homine soit arcle de trover gents d' Armes Hoblers ne Archers autres quae ceux quite ignont per tiel service sil ne soit ▪ par common Assent & grant en Parlement par ceo est contre la droit du Royalme . Unto which was answered , le Roy ottroie a cest Petition . Yet the Statute hereupon made omitteth the words , viz. For it is against the right of the Realm . The 11th Chapter omitteth the clause in the Petition , viz. And not of other fees as have been levied of late . In the same year Petition n. 18. It is prayed , that nul Enditour soit mis en Enquest sur la deliverance de la Enditee nient plus en trespass qu' en felonys ' il soit challenge pour celle cause per celui qu' est enditee . The Statute thereupon cap. 3. Is in rot . statut . Auxint accorde est que nul Enditour Soit misen Enquest sur la deliverance del Enditee de trespass ou de felonys'il soit challenge pour tiel cause per l' enditee . Which is more favourably penned for the Subject , taking away all dispute , whether the Enditor might have been of the Jury or not , in case of Felony , before the making of this Statute . And such kind of alterations happen often . The 4th Chapter of this Statute agreeth with the Petition , n. 19. Save that after the words presentment , de bons & loy al & du visne , there is added in the Statute , ou tiel face se farce , where such act is done which explains out of which visne the presentment is to be . But the Print is very false , for there it is said , that it shall be lawful for every man to Exchange Gold for Silver , so as no man can hold the same as exchanged , nor take the profit , &c. Whereas in the Answer to the Petition and Statute Roll it is , that it shall be well lawful to any man to exchange Gold for Silver , or for Gold or Silver , so as no man can hold a common exchange , nor nothing take of the people for the same exchange . The 13th Chapter of that Statute Anno 15. is taken out of the Answer to the Petition n. 22. and somewhat out of the Petition also . The 15 cap. out of the Petition n. 41. and the Answer also . The 13th cap. of the Statute of 28 E. 3. was made part out of the Petition and Answer n. 47. and part out of the Petition alone n. 55. and the last part thereof out of the Petition and Answer n. 50. but the Statute hath more concerning Tryals of Merchants n. 55. and for Marriners n. 50. than is in the said two Petitions and Answers . Of the 16th Article of the Statute of Westm two touching conditional grants , the answer is referred to the Judges to advise thereof till the next Parliament . The Statutes thus drawn into divers heads or Articles were shewn to the King , & upon his approbatio engrossed sometimes with a Praeamble , & an Observari volumus in the conclusion , and at other times without any praeamble at all , and by Writs sent into every County to be proclaimed . Anno 14. E. 3. n. 7. the King commanded the Statute to be engrossed , sealed , and firmly kept . 15 E. 3. n. 42. The Statutes were read before the King , sealed with the Kings great Seal , and delivered to the Grands and Knights of the Shire , &c. The Statute de Tallagio non concedendo , &c. made in 25 E. 1. is no where enrolled , but is mentioned in the antient Collection of Statutes , it was sealed and sworn unto by the Bishops and great Lords . The second Chap. That Judgments contrary to the said Charters , shall be void , is out of the latter part of the fourth Article . The Third Chap. That the said Charter shall be read twice in every year , is out of part of the sixth Article . The Fourth Chap. That Excommunication shall be pronounced against the Infringers of the said Charters , is out of the rest of the said six Articles . The fifth , sixth , and seventh , Chap. against Taxes , Aids , &c. out of the first , second , and third Article , with two savings which are not in the said Articles . The confirmation of Magna Charta & Charta de Foresta were confirmed under that Kings great Seal by Letters Patents . And the great Charter of Henry the third by Inspeximus Teste Edwardo filio suo . The like confirmation also in 28 of his Raign being not enrolled in the Statute Roll. The praeamble of the Articuli Super Chartas , is false Printed , for in the Record it is , our Soveraign Lord the King hath again granted , renewed and confirmed the said Charters at the request of his Praelates , Earls and Barons , assembled in Parliament . And hath ordained , enacted , and established , certain Articles against all them that offend contrary to the points of the said Charters . Wherein he was enforced by the great Lords and the Peoples murmuring to omit the Salvo jure , which he would have inserted . But at his return from the Scottish Wars in Anno 33. of his Raign , repented him thereof , and procured the Pope to absolve him of his Oath , for that he was enforced thereunto . The Statutes for Ireland were directed to the chief Justice of Ireland to be there proclaimed . Anno 21. E. 3. The Statute of the Leap-year , or rather as it is in the Record , de modo surgendi de malo lecti , is enrolled in dorso rotuli Parliamenti , where Proclamations were then usually entred , and directed to the Chief Justice of the Bench. The Sentence of Curse in Anno 37. H. 3. was no Statute , though proclaimed in the presence of the King and his Nobles , sealed by the Archbishop and Bishops , but not by the King. All other Statutes of H. 3. were proclaimed . In Anno 4. E. 3. The extent of Mannors , and the Statute de officio Coronator , &c. are not enrolled , nor the Statute of Bigamy made in the same year , though it was published , and hath the praeamble of a Statute . Anno 7. E. 1. The Statute de defensione portandi arma , was sent by Writ Patent to the Justices , and by another Writ Patent to the Treasurer , and Barons , of the Exchequer to be there enrolled . And Eodem Anno the Statute of Mortmain is directed to the Justices in Banco , to be there enrolled in Rot. Statute . 9 E. 1. In the Print , the correction of the Statute of Glouc. is directed in the form of Letters Patents to the Justices , but recorded to be done Anno 9. E. 2. Ro. Glouc. Anno Eodem m 10. Anno 12. E. 1. The Statute of the Exchequer is directed to the Treasurer and Barons of the Exchequer , Ro. Claus. 13. E 1. The Statute of Acton Burnel hath no Praeamble , or any form of a Proclamation , and yet it is enrolled in Ro. Stat. m. 46 Where there is one clause , that the King shall have one penny out of every pound , to maintain the Clerk , and another that that Ordinance shall not extend unto Jews , both which are omitted . This Statute is also enrolled Ro. Claus. Anno 11. E. 1. In dorso , which shews the true year when it was made . The Statute de circumspecte agatis was but an Ordinance upon the complaint of the Bishop of Norwich . Anno 18. E. 1. The Statute Quia emptores terrarum hath a Praeamble and conclusion in form of a Statute , and yet is not enrolled in the Statute Roll , the first in the Statute Roll being that of 6. E. 1. The Statute of Wast is but an Ordinance upon a debate in Parliament , and the Justices commanded to proceed accordingly . Anno 9. E. 2. The Articles for the Clergy are the Petitions of the Clergy , and the Answers thereunto are ad verbum Exemplified under the great Seal , with an Observari volumus , and not drawn up into the form of a Statute . Anno 15. E. 2. The Statute of Carlisle , is by Writ sent to the Justices of the Bench , and sealed in the time of Parliament , as may appear by the date thereof at our Palace of Carlisle . Articles concerning the Kings Praerogative , and the Answers thereunto , are only recited , and not drawn up in the form of a Statute , and seems to be but an Ordinance made in Parliament , and the Justices of the Bench , directed to observe the same , else it had not been registred , saith that very able Commentator Mr. Noy , in our antient Manuscripts , the venerable Conservators of our Statute Laws , and otherwise had long ago perished with our Parliament Rolls , whereof divers are missing of the Subsequent times , all of the former to 4 E. 3. Yet the Statute Roll , from 6. E. 1. are extant , but divers Statutes omitted therein , even from the said time . 9. E. 3. The Statute of Money made at York , was directed to the Sheriff to be proclaimed , it may be for hast upon the approaching Fairs . Of 18. E 3. Upon the Petition of the Commons that Merchant strangers might buy Woolls freely , Proclamation was immediately sent to the Sheriffs for that purpose . The revocation of the Statute of Anno 15. E. 3. and the Statute against Maintenance Anno 20. E. 3. being Acts made in the Kings great Councel and not of the Parliament , were directed to the Sheriff to be published , and so was the Statute of Labourers in the 23 year of that Kings Raign , and also to the Bishops . And all other the Statutes of E. 3. to the Raign of Henry 6. were drawn up in the form of Letters Patents , or with a short Praeamble , that the things following were ordained in Parliament , and sent with a Writ to every Sheriff to be published , whereof some remain yet in the Tower of London unsent in the time of Henry 6. Probably because that about that time the invention of Printing was brought into England . Insomuch as in those times , 1. No Statute hath been made ( in some Parliaments ) although sometimes agreed upon . 2. Many things have been omitted . 3. Many things added . 4. A Statute hath been made wherein the Commons gave not their Assent . 5. Wherein neither Lords or Commons assented . Anno 18. E. 3. The Commons exhibited a Petition containing 12 Articles , which were presently answered , and together with the Subsidy grant was made into a Statute , sealed , delivered and published , Sedente Curia . And afterwards in the same Parliament they exhibited another Petition against Provisions from Rome , which was agreed and assented unto by the King , Earls , Barons , Justices , and other Sages of the Law , that the matters contained in the said Petition , should be put into a covenable form according to the prayer of the Commons n. 32. & 39. and yet no Statute at all made thereupon . Anno 25. F. 3. n. 13. The Commons Petition against Provisions from Rome , which was under-written for an Answer to the same , viz. It is agreed that the Answer to this Petition shall be put into the Statute , and so the Statute was entred by the Clerk amongst the rest in the Parliament Roll ( a thing then usual ) and yet that was not published with the other Statutes . For in the next Parliament in the same year n. 43. The Commons prayed it might be published and put in Execution . Anno 3. R 2. n. 38. The Commons Petition against Extortions , was absolutely granted . And notwithstanding the protestation of the Praelates to the contrary , it was enrolled , and yet afterwards at a great Councel the Lords then assembled said , it was not their intent it should be enrolled , and no Statute was made thereon . Anno 11. H. 4. n. 28. & 63. Two several Petitions of the Commons were absolutely granted and entred in the Parliament Roll , and afterwards when the Councel met to draw up the Statute they were respited . Anno 25. E. 3. n. 59. and cap. 3. Tit. Collations all this Clause was omitted out of an answer to a Petition of the Clergy , viz. It is accorded by the King , the Grands , and Commons , that after Judgment rendred for the King and the Clerk in Possession , the Presentment cannot be repealed . And there are added in that Statute two special Clauses for the Clergy which were not in the Answer . And afterwards Anno 13. R. 2. n. 59. cap. 1. Collations , the like Clause for the King is wholly omitted , viz. And further , the King willeth , that Ratification granted for the incumbent after that the King presented and commenced his Suit , shall be allowed hanging the Plea , nor after Judgment given for the King , but that such Judgment shall be fully executed as reason demandeth . Anno 37. E. 3. n. 10. The Commons petitioned , that the grand Charter , and the Charter of the Forest , and the Statute made Anno 36. of our Lord the King that now is , touching Pourveyors , and the other Statute made in his time , and the time of his Progenitors , be firmly kept and maintained in all points , and be duly Executed according to the Law , and that Writs be granted to every one who will sue upon every point ; contained in what Statute soever . And if any Justice or Minister be dilatory to any Statute thereof made , that so much as he hath done to the contrary be held for nothing , and erroneous . To which was answered , Il plest au Roy. And yet notwithstanding that Petition was thus absolutely granted and agreed upon , the Statute made thereof cap. 1. is only , that Magna Charta , and all other Statutes , shall be kept and duly Executed , omitting all the test . Anno 45. E. 3. n. 14. They Petition that King , that it please him of his Grace and Majesty , to command , charge and ordain , that the great Charter , and the Charter of the Forest be kept and held in all points , and that the Franchises , Customs , and Liberties heretofore used be held and kept in form as they were granted or used . To which was anwsered , Re Roy le voet . And yet in the Statute thereon , cap 1. is no more than thus ; It is ordained that the great Charter , and the Charter of the Forest be held and kept in all points , and omitteth all the rest . Anno 2. R. 2. n. 27. cap. 1. The Statute is penned much larger for the Liberties of the Church , than is in the Petition or Answer , and the salvo for the Kings Regality , is wholly omitted . Anno 3. R. 2. n. 26. cap. 1. They agree for the Liberties of the Church , but Magna Charta , and Charta de Foresta are wholly omitted in the Statute . Anno 3. R. 2. n. 37. cap. 3. Touching Provisions , the special abuses of the Pope are omitted . Anno 13. R. 2. n. 40. cap. 3. In the Oath which the Justices are to take , the words duly , and without favour are omitted . Anno 25. E. 1. cap. 5. & 7. ( Touching Aids , Taxes and Prises granted to the King , but not to be taken for a Custom ; And a release for Tole taken by the King , for Wooll , and a grant that he will not take the like without common consent , and good will ) were agreed by the Lords and Commons in that Parliament , sealed with the Kings Seal , and the Seals of the Archbishop , and Bishops , who with the Kings Councel were voluntarily sworn to the performance thereof . Anno 28. E. 1. cap. 2. The saving was added by the King and his Councel , at the drawing up of the Statute , as appears by the words therein , viz. The King and his Councel , do not intend by reason of the Statute . Item cap. 20. At the conclusion was added a saving for the King. 5. R. 2. cap. 5. For Preachers without the Commons Assent repealed , 1 E. 6. 12. & 1 Eliz. 1. The Assent of the Lords and Commons in Parliament , one or both expressed , included , or implied in that of King E. 3. or H. 4's grant of the Dutchy of Cornwal and annexing Lands thereunto , do as in the many antient grants of the Saxon Kings , signify no more than an approbation , and confers neither jus in re , or potestatem dandi vel concedendi ; And so in the case of the entailed , and restored Lands , and the Honour and Earldom of Oxford granted by King R. 2. to Awbrey de Vere in the 16th year of his Raign n. 151. And the like may be believed where some things have been done , or Grants or Charters said and entred in the Parliament Rolls , to be Authoritate Parliamenti , which as the Judicious Mr. Noy hath observed , do not without other circumstances prove a common Assent of Parliament , for that some of the Answers to divers Petitions of the Commons in Parliament temporibus R. 2. & H. 4. were put upon the Files only , and not entred in the Parliament Rolls . And the same words are in divers Acts of Parliament , mentioned to be inrolled in the Parliament Rolls of 4 & 7 of H. 4. Anno 4. H. 4. The Commons pray , that the most sufficient Welshmen of every Lordship be chosen to keep the Peace , and to answer for all Felonies , &c. as they were wont to do unto the Conqueror of Wales in the time of King Edward . To which the King answered , let this Petition be committed to the Councel to be thereof advised , and the same Councel have power to provide Remedy therein , according to their discretion by Authority of Parliament . In the 7th year of the Raign of the said King , the Commons prayed the King , that certain Petitions exhited by Bartholomew Verdon , and his companions , might graciously be exploited , per authoritatem Parliamenti , whereupon the King by the Advice and Assent of the Lords in Parliamenr , and at the request of the Commons granted the said Petition , as by the Endorsement thereof filed amongst the special Petitions may appear . But afterwards Anno 8. H. 5. n. 12. The Commons perceiving those words , ( Authoritate Parliamenti ) often used by the Lords alone in their Answers to Petitions exhibited to the Receivers , appointed by the King , whereby the parties complained of , were oftentimes constrained to answer Causes , determinable at the Common Law , before the Kings Councel , or in the Chancery , exhibited the Petition ensuing , viz. Praying the Commons in this present Parliament , that if any man sue a Bill or Petition , with these words , ( authoritate Parliamenti ) and the Answer be made , let this Bill or Petition be committed to the Councel of the King , or to the Councellors of the King to execute and determine the contents thereof ( whereas the said Bill or Petition is not by the Commons of the Land , required to be affirmed or assented unto ) that no man to such a Bill or Petition , unless the Assent or Request of the Commons be endorsed , be bound to answer contrary to the Laws of the Realm . Unto which was answered , soit aviser per le Roy. At the foot of many Charters and Writs , have been indorsed , per ipsum Regem & totum concilium in Parliamento , and sometimes , per ipsum & concilium suum in Parliamento , and at other times , per petitionem in Parliamento . Anno 6. H. 6. 1. Part pat . n. 1. Pro Abbate & conventu de Welhow de avisamento Dominorum ad supplicationem Communitatis . Et Teste Rege apud Westmonasterium per petitionem in Parliamento & pro 10 l. solut . in Hanaperio . Anno 4. H. 4. n. 116. The Commons pray , that whereas one Thomas Taynleur Approver , had appealed divers honest men very falsly , for which he was drawn and hanged ; it would please the King to grant out Writs of the Chancery , unto the Justices , to cease all process against the party so falsly appealed , which was granted assensu Praelatorum Procerumque , &c. And the form of the Writ there set down and underneath was written per petitionem in Parliamento . In publick Ordinances the words of ceremony are seldom expressed , only the matter agreed upon is recorded , but the manner and form of the agreement , and by whom in particular , is most usually omitted , yet necessary to be understood , for such was the practice and usage of that age . In cases which require no new Law , those Acts were seldom entred ; it was thought sufficient if they were on the file prout Fitz Herberts Abridg. tit . Parliament Anno 33. H. 6. n. 17. Neither did those necessarily require the Common Assent of Parliament , for the Petitions granted Authoritate Parliamenti do not prove the Common Assent , unless they were exhibited by the Commons , otherwise they were such only as were delivered to the Receivers of Petitions appointed by the King at the beginning of every Parliament , and they were answered by the Tryers then also appointed for the same , amongst whom none of the House of Commons , were ever appointed , and those answers , or the matters themselves being heard before the Lords in Parliament as Petitions of great weight and difficulty alwaies were , for such alwaies had the additions of Authoritate Parliamenti , the first of them beginning tempore Richardi 2. And whether those words be added or omitted , yet such Answers ever did and will bind , so as they be not contrary to the Laws and Customs of the Land. There needed no publication of Ordinances , touching the Chancery , when the Chancellor was present , nor concerning the Courts of Justice , when the Judges were present in Parliament , neither touching the grievances of the Kings Ministers and other Officers , for some of them were ever present in Parliament . And the Commons were so careful to have their Parliament Rolls engrossed as in 2d Henry 4. n. 26. divers days before the end of the Parliament they did by their Speaker beseech the King that the business done , and to be done in this Parliament , be enacted and engrossed before the departure of the Justices , whilst they have them in their memory . Unto which it was answered , that the Clerk of the Parliament should do his endeavour to enact , and engross the Substance of the Parliament , by advice of the Justices , and after shew it to the King and Lords in Parliament to have their advice . By which it appeareth , that the Parliament Roll was not drawn up by the Clerk alone ex officio , but with the advice of the Justices ; and although it was here said , that it should be afterwards shewed unto the King , and Lords to be approved of by them , yet it is not to be thought that the King and Lords did usually examine the same , but the Judges advice was usually had therein , how else could the Commons require the same to be ingrossed whilst it remained in the Judges memory ? The Parliament Roll of 11. E. 3. For the creation of his Son Prince Edward Duke of Cornwal , and annexing Lands thereunto is lost . But in Anno 5. H. 4. The Commons exhibiting their Bill in Parliament in the behalf of the Prince to be made Duke of Cornwal , did recite that grant of King E. 3. to have been made by the Kings Letters Patents , and pray that the Lands which were annexed might not be aliened , and that which had been aliened , reseised . Annis 7. & 8. H. 4. n. 65. The Speaker in the name of the Commons prayed the King and the Lords in Parliament , that certain of the Lords Spiritual and Temporal whom it pleased them to appoint , and a certain number of the Commons whose names he had written in a Schedule or any 11. 10. 9. 8. 7. or 6. of them might be at the Enacting and Ingrossing of the Rolls of Parliament , and that his Prayer and Petition might be enacted of Record in the Roll of Parliament , which request the King graciously assented unto . Anno 1. H. 4. n. 45. The Commons agreed , that the King might moderate the Statute against Provisors . Anno 2. H. 4. n. 45. They complain to the King , that the same was otherwise entred in the Parliament Roll , than was agreed on by them , and that it might be examined , which the King granted , but upon Protestation that it should not be drawn into Example . Whereupon the Lords Spiritual and Temporal , and the Justices , and Councellors of the King , being severally examined in full Parliament , in the presence of the King , and all the Commons , testified that the said moderation was duly and justly entred and Enacted in the Parliament Roll , in manner as it was spoken and agreed on , by the said Lords and Commons , the which entring and enacting so made the King remembred to be well and truly done as it was agreed on in the last Parliament . So careful were the Commons of the Parliament Rolls , the only Treasury of those publick Ordinances , and yet never petitioned touching the Roll of Statutes , nor to be present when they were made , for they knew full well that that did belong meerly to the King and his Councel . But only did put his Majesty in mind in Anno 2. H. 5. n. 10. That the Statute ought not to be drawn up contrary to the meaning of the Petitions which were then granted , and afterwards to prevent that inconvenience , they themselves framed their Bills in form of a Statute , which order continueth to this day . Anno 12. E. 2. The Petition of Hugh Audly and Margery his Wife concerning the Lands of the Earl of Cornwal exemplified , was exhibited in the Parliament at York at Michaelmas , and answered in the next Parliament at Easter following . Some had Writs out of the Chancery for the setling and confirming of what was granted to them by Parliament prout Anno 16. R. 2. For livery to be made to Awbrey de Vere of the Lands entailed unto him . The Act of Parliament of 28 E. 1. being granted and published with a saving to the Right and Praerogative of the Crown , was afterwards upon the murmuring of some of the Lords and Commons against that Proviso , republished without it . Statutes were not Enrolled , until the King had allowed thereof , and commanded it to be ingrossed , sealed and kept . Things perpetual were made into a Statute and temporary into an Ordinance , or signified by Letters Patents . In the Parliament of 15 E. 3. A Statute was in a manner extorted from that glorious King , and a special Committee appointed to pen it , against which the Kings Councel protested , and the King by his Proclamation or Declaration revoked the same for that he assented not , but dissimuled , which remains upon record to this day to that Kings great dishonor , if not rightly understood . Which that great Attorney General Mr. Noy undertook to clear in this manner . The Commons having granted the year before a very large Subsidy to the King toward the French Wars to be paid in two years under divers conditions , and the Statute drawn up by a special Committee of Lords and Commons , who took great care that the King should be duly answered the said grant , and the Subjects enjoy his Majesties graces in those conditions expressed , and the King going into France with full confidence to receive the said money accordingly , but being abused by his Officers that which was paid so spent as little came to his hands , so as for want of money he was enforced to accept of a Truce when he was in probability of a great Victory if not of the Conquest of all France , whereupon returning suddenly , he fell first upon the Officers , who excusing themselves , laid the blame upon the Collectors , which caused the King to send out strickt Commissions to enquire thereof . But he was most incensed against the Archbishop of Canterbury , who had encouraged him to those Wars , willing him to take no care for treasure , because he would himself see him abundantly furnished by the said Subsidy , which failing , and the King understanding that the Pope sided with the French , mistrusted the Praelates in general , but especially the Archbishop , and reprehended him sharply for it , who presently complained of manifold violences against the Liberties of the Church and English Nation comprehended in Magna Charta ; and thus the Clergy incensed the Commons against the King and the Commissioners , which he had appointed to enquire of the abuses of the Collectors , who had enquired of divers matters in Eyre beyond the limits of their Commissions , which bred such ill humours in the Lords and Commons , as when in the 15th year of his Majesties Raign , when he had in Parliament shewed the necessity of the French Wars , and that the Aid granted him the year before was withheld and ill spent by his Officers , and therefore desired the Parliament to consider how Malefactors might be punished , and the Law kept in equal force both to Poor and Rich , the Commons delivered up their advice in writing for a Commission , to be directed to the Justices in each Shire , d' Oyer & Terminer these matters in general . But the King , the Praelates and Grandees thought fit to add Articles of the said enquiry , and therefore they delivered unto the Commons certain Articles which were ordained by the said Praelates and Grandees , for them to advise , and give their Assent . The which being viewed and examined by them , they assented that good Justices , and Loyal , be assigned to hear and determine all the things contained in the said Articles , for the profit of our Lord the King. The Assent of the Lords is many times omitted to be entred , and so likewise hath many times been that of the Commons . In the same year the Commons exhibited their Petitions for the confirming of a Statute made in the 15th year of the said Kings Raign , which was general n. 26. And in general for all Statutes , and the other special n. 27. for that in particular . And yet in the same 17th year an Ordinance was entred n. 23. viz. Item accordez est & assentuz , that the Statute made at Westminster in the Quindena of Easter in the year of the Raign of our Lord the King the 15th , be wholly repealed and gone , and loose the name of a Statute , which was without any mention either of Lords or Commons . In the 30th year of the Raign of the said King , the Dukes , Earls , Barons , and Commons , conferring together by the Kings order touching the Exactions of the Pope in the White-Chamber ( now called the Court of Requests ) assented , if it please the King. Anno Eodem in the 9 , 10 , 11 , & 12. Chapters of Statutes made in that year upon several Ordinances entred in the Rolls of that year n. 27 , 28 , & 29. no mention is made therein either of the Lords Assent , or the Commons , though both are mentioned in the Praeamble of the Statutes . Anno 2. H. 4. The cruel Bill for the burning of Hereticks , beginning in the Lords House , and exhibited by the Clergy , was written in Latine , and so was the long Answer to the same , and all and one in the same phrase , and no mention made of the Commons Assent . Anno Eodem a Bill was exhibited by the Clergy into the Lords House against a Bull from the Pope to discharge the Possessions of the Cistertian Monks from the payment of Tythes , which being there answered , was carried to the Commons by the Archbishop of Canterbury himself , to have their Assent , and told them , that the King and the Lords were attended upon with the Answer to the same , and afterwards the Commons came before the King and the Lords in Parliament , and made divers requests , and amongst others shewed that the Archbishop of Canterbury delivered them the Petition touching the order of Cistertians , to which Answer the said Commons agreed . Eodem Anno the Commons did shew , that whereas the King had ordained a Staple at Bruges in Flanders Merchant strangers did by Land or Sea bring their Wooll thither to the great profit and encrease of the price of Wooll coming thither ; the Town of Bruges hath for their own profit forbidden the bringing of Wooll thither as they were wont to do to the great damage of the Merchants of England , and of all the Commons , whereof they do pray Remedy . Unto which was answered , It is advised by the Praelates , Grandees and Commons of this Realm , that the Pention is reasonable . The Commons Petition against the Subsidy of 40 s. for every sack of Wooll granted by the Merchants . Unto which was answered , for that our Lord the King for great necessity which yet endureth and appears greater from day to day did do it , which being shewed to the Grandees , and Commons in this Parliament assembled on the Kings behalf , the said Lords and Commons by Common Assent , have granted the said Subsidy . The Parliaments or great Councels were heretofore very short , and dispatched in a few days , having the matters ( which were alwaies extraordinary ) appointed or declared by the King to be treated of . And there are divers Answers to Petitions which cross or add to the prayers of the Commons , whereunto their Assent is not specified , and yet the Statutes thereupon made do mention it . For the price of Wines , a report of a former Statute is not in the Petition , but in the Answer only . And it should be remembred that although the House of Commons in Parliament , have been often of late times only said to have been the representing of some part of the Commons of England , & those that were as aforesaid Elected and admitted into the Parliament , have in their Petitions to their Kings for Redress of Grievances , stiled themselves no otherwise then your Pravrez Communs , and Leiges , yet it was never intended , or could be of all the Freeholders or people of England , or in the Latitude of the word represented , which is over extended . § 26. What is meant by the word Representing , or if all , or how many of the People of England and Wales , are , or have been in the Elections of a part of the Commons to come to Parliament represented . FOR the Nobility , the Proceres and Magnates , and the Bishops , and many Abbots and Pryors were always Summoned apart to our Parliaments , and never represented by the Commons , the consent of the Universality of the People being in and before the 49th year of the Reign of King Henry the 3d included in the King , and the Lords Spiritual and Temporal , the Tenants and Knights Fees of the Lords Temporal and Spiritual , not a few were not represented , when with those and their dependancies they so over-powered King H. 3. in a Parliament at Oxford , as to inforce him to yield unto those Provisions , which afterwards proved to be the fatal Incentives of an ensuing bloody War , and the Seminary of many Commotions and Contests betwixt some of our Succeeding Kings and their Subjects in their after Generations , those only excepted being Tenants Paravail , who held their Lands subordinately of the Tenants that were mean , to those that held their Lands of the Lords Spiritual and Temporal , the Majores Barones , holding of the King in Capite , with multitudes almost innumerable of Copy-holders , Lease-holders , Tenants at Will , or Sufferance , Villani or Bordarii , le menu peuple et de busse condition , were exempted by Order of Parliament , as represented by them and no other , and always used to be so , the almost numberless Herd of Monks , Fryers and Religious Persons , and their Revenues , Servants , Tenants and Dependants , were not , nor could be represented , but freed by the Kings Orders in Parliament , from payment of the Commoners Wages that came to Parliament by two several necessary sorts of Priviledges and Immunities , instead of many more which they claimed , the Religious and Monastick People of the Nation , with their very large Possessions and Revenues , before the dissolution of them in the Reign of King Henry the 8th . and King Edward the 6th . being rationally to be accounted little less than a full 4th . part of the Lands of the Kingdom , the Secular Clergy ( always giving Subsidies apart by themselves ) being almost 10000 , were represented by the Bishops or Convocation of the Clergy , the Tenants in Antient demesne , or of the great number of the Tenants of the Kings Annaent demesne proper and largely extended Royal Revenue that should be , which before they were Granted or Aliened away by our Kings , like Indulgent Common Parents to their almost every days craving Subjects and People , or in Rewarding , and Incouraging publick and great Services , done or to be done for the Common-wealth or Publick good , which were very large and diffusive through all the parts of the Nation , and the Clerks of the Chancery Beneficiate , as most of them Antiently were , and the Judges , Kings Council and Officers attending the Honourable House of Peers in the like condition , and should be exempted , although by length of Time , Custom , Indulgence or Permission , they have been since the Original of the House of Commons , in the 49th . year of the Raign of King Henry the 3d. ( which was then no more than our Embrio , and from thence discontinued until the 22d . year of the Raign of King Edward the first ) charged and made contributary to publick Aids and Necessities , and the largely Priviledged County Palatine of Lancaster , having heretofore comprehended in it the three great Earldoms of Leicester , Derby and Lincoln , with their largely extended Revenues , was not at the first represented , but did forbear the sending of Members , the remainder whereof is now a great part of the Kings Revenue , the whole County Palatine of Chester with Wales and its Provinces , had none until the Raign of King Henry the 8th , nor the County Palatine of Durham , and the Burrough of Newark upon Trent , until some few years ago : Arch-bishops , Bishops , Abbots , Pryors , Religious Men and Women , and all that have hundreds of their own ( as very many have by Grant from the Crown ) are by the Statute of 42 H. 3. exempted from coming to the Sheriffs Torn or County Court , and so not intended to be Electors or Elected . The Kings very large should be Demesne Lands and Crown Revenue , and that of the Lords Spiritual and Temporal , and the many other before mentioned exempted . And the Records of the House of Peers in Parliament , have often told us , that many times when the Commons gave Subsidies , they did it by the Assent of the Lords Spitual and Temporal . And as a very Learned Divine of the Church of England , ( there being many Pseudo-Protestant Divines that are not of it ) hath well remarked there is no Subject of the Kingdom of England , represented in Parliament by the Commons thereof , but as subordinate to the King , and to join with him , and the Lords in their As-Assent and Approbation ( not against him or either of them ) in our Kings and Soveraign Princes making of Laws for the good of the Kingdom . For Repraesentare , is no more than locum implore autoritate vel vicaria potestate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ita iotis , est exhibere vi quàdam juris praesentiam ejus qui revera non est ; Budaeus definit esse repraesentationem per figuram facere , & imaginario visu rem ipsam repraesentare ; locum implere , loco sistere , loco praesentis sistere , & repraesentatio quaedam imaginaria . And being but Commissioners , special Attorneys , or Procurators of some part of the Lay-Commonalty , and Freeholders ; not of the Copy-holders , Lease-holders , Villains or Bondmen , Servants or Apprentices , could not by their Indentures , Letters of Attorney , or Procurations with any reason , truth , understanding , or propriety of speech , be believed to represent for them , that never delegated or authorised them , or to Act beyond the purpose or design of those that Elected , sent or imployed them , nor can make it to be any thing more than an aenigma , or Riddle with some hidden and inveloped sense or meaning , not to be comprehended in the genuine , obvious or proper meaning , sense or construction of the word Repraesent , for who can without a great weakness , failing or Error in his Judgment , think that they could by any tentering or straining of the word , make all the several kinds of people , that sent them in obedience to the direction of their Kings Writs or Orders , to impower them whilst they sate in the House of Commons in Parliament , to Sentence , Condemn , Fine , Arrest , Imprison , Banish , or Sequester any of those that they pretended to represent , when the Praedecessors of those that would be Masters of such a Latitude , did in Parliament , in the 42d year of the Raign of King Edward the third , when a Tax or Aid was proposed for the King , ( being the first , and only end , for which they were elected and sent , ) make it their request to the King , to give them leave to go home to their several Countries and places , to advise before hand with those that sent them ; Otherwise the Pledges , or Sureties which every Member of the House of Commons being to give their County and place whom they would represent as their Procurators or Attorneys , are to be well heeded , and cautiously taken for pledges or security , well watched in their doings , and not left to trick and purchase to themselves , by unlawful Encroachments , an Arbitrary and Illegal Soveraignty , which the Laws of the Land never allowed them , and their Masters the Counties and places that sent them could neither give or intend , for nil dat qui non habet , as being never able to give them complextly or singly their diversities of Powers or Interests present or to come , other than such as the intent and purport of their Writs of Election & Commissions allowed , when the Devil with a pair of Spectacles , cannot find in their Indentures or Procurations , any Commission either by the King , or those that Elected them , other than to do and perform such things as the King , by the advice of the Lords Spiritual and Temporal in Parliament , should ordain , but not to make War against their King , and Murder him , Plunder , and destroy their fellow Subjects and Masters , that elected , and sent them for better purposes , neither can they , or any of their Record-massacring Champions , ever be able to prove that the Lords Spiritual or Temporal , did , or could transfer unto them their power representative in Parliament , which without the Authority of the King that gave it , is not transferrable . And when there were but 170 Counties , Cities , and Towns , that sent Knights , Citizens , and Burgesses , to Parliament , in the latter end of the Raign of King Edward the First , were but almost one Part of three that could be truly esteemed Representers of many of the Commons ( too many having been since only added by corruption of Sheriffs and otherwise ) it could never be intended , or at all possible , or so much as probable , as all could be Freeholders or otherwise , within the true meaning and intention of the word Representation , or represent applied to the House of Commons , or any particular member thereof , was until our late Factious , and Seditious Times , never found in any of our Parliament Rolls , Records or Memorials , which hath lately been made to be very large , and drawn into a factious and seditious extent and interpretation . For the Parliament being only the Kings great Councel ( not of the people his Subjects ) upon special emergent occasions concerning the weal publick in the defence of the Kingdom and Church , all offences committed against the Members of either of the Houses siting the Parliament , or in their coming or returning , are by Law to be prosecuted , and punished in the behalf of the King , and in his name , and by his only Regal Authority , ( and the Prison of the Tower of London , is the Kings by a long possession , but none of the peoples ) as it was adjudged in the Raign of Edward the 1st in the case of the priviledge of the Earl of Cornwal , and long after that , viz. In the latter end of the Raign of King Henry the 8th , in the case of the Lord Cromwel and Tailbois , and in the extraordinary forcible Riot and Trespass committed in the 12th year of the Raign of K. Richard 2. upon the Goods , Lands and Servants of one of the Knights of the Shire of Cumberland sitting the Parliament , whereupon that King upon his complaint directed a Writ or Commission to enquire , and certify the Fact , directing the Sheriff of Westmorland , by a Jury of his County , to attend them therein , and those that were found offenders , to arrest and bring coram nobis & concilio nostro ( not the House of Commons in Parliament ) in Quindena sancti Michaelis , with a nos talia si fuerint relinquere nolentes impunita , upon which Mr. Pryn observeth , that the King upon that complaint did not presently send for the Offenders in Custody by a Serjeant at Arms ( as the Commons of late times have done ; ) And did the more , as he saith , urge that Record and Precedent to rectify the late irregularities , of sending for persons in Custody upon every motion and suggestion of a pretended breach of priviledge , to their extraordinary vexations and expence , before any legal proof or conviction of their guilt against the great Charter , and all ancient precedents and proceedings in Parliament , further evidenced by him , to appertain only to the King , by the Commons own Petitions from time to time in several Parliaments , in the Raigns of Henry the 4th , Henry the 6th , and Edward the 4th , in the cases of Chodder , Atwil , Dome , Colyn , &c. And that it was expresly resolved and declared to belong only to the King , by his Writs of Priviledge , supersedeas & habeas corpora issued out of the Court of Chancery , to deliver members of Parliament , or their Servants imprisoned , or taken in execution against the Priviledge of Parliament , for in the great Debates and Arguments in the House of Commons in the case of Fitz-Herbert in the 35th year of the Raign of Queen Elizabeth , when Sir Edward Coke was Speaker , it was at the last concluded that it was meet that the whole matter should be brought before them by an Habeas corpus cum causa issued out of the Chancery , and there to be returned , since no Writ of Habeas Corpus , nor yet of priviledge could be returned into the House of Commons , but only into the Chancery or Lords House , as Writs of Error were , whereupon the Speaker attending the Lord Keeper of the Great Seal of England , pressed for a special Habeas Corpus , with a clause to be inserted therein , that Fitz-Herbert existens de Parliamento captus suit , &c. with a recital of the cause of priviledge , who upon conference with the Judges , would not Assent thereunto , and resolving not to depart from the usual form , issued out the Writ to the Sheriff returnable in Chancery , who bringing the Body of the Prisoner , and certifying the cause of his imprisonment , the Lord Keeper sent the Sheriffs return of the Habeas corpus to the Commons House , the Chancery men who brought it , being ordered to read it , which they did , with the Writ thereunto annexed , whereupon Mr. Dalton argued , that the House had no power to deliver him , he being not arrested sedente Parliamento , but before it sate , and that in a point of Law whether in this case he ought to be priviledged , the Commons House ought not to pass any Vote therein , but ought to advise with , and receive instructions from the Judges of the Realm , whether in this case by the Law they could grant Priviledge , which being seconded by Sir Francis Bacon , and thirded by Sir Edward Coke , it was ordered that Fitz-Herbert should appear and be heard by his Councel the next morning , and that the advice of the Judges should be had therein , which being bad , the Judgment of the House was , that he was not to have Priviledge , for three causes , First , because he was in Execution taken the same day of his Election ; Secondly because it was at the Queens suit , which was the grand Reason ; Thirdly because he was taken neither sedente Parliamento , nec eundo , nec redeundo , and Mr. Pryn likewise humbly conceived , that in case of any Member of Parliament Arrested , their only legal Means and Remedy was , and is by a Writ of priviledge out of the Chancery . In the Journal of the House of Commons in Parliament , Anno 6. E. 6. There is an Order entred that if any Member require priviledge for him or his Servant , he shall upon declaration have a Warrant , signed by the Speaker to obtain a Writ of Priviledge , after which as on the same day follows a special Entry of a Vote of the House of Commons in these words , For that William Ward Burgess of Lancaster had obtained a Writ of Priviledge out of the Chancery , without a Warrant from the House , it is committed to Mr. Mason , Mr. Hare , and Serjeant Morgan , to examine , and certify , whence it is apparent , saith Mr. Pryn , ( their old friend ) that the House of Commons in that age did not use to enlarge their Arrested and Imprisoned Members , by their Serjeant at Mace , and own Orders , but only by special Writs of Priviledge issued out of the Chancery under the great Seal of England , according to the practice and usage of former ages , that the House was first to be informed of the Arrests , and thereupon to order their Speaker not to grant a Warrant directed to the Lord Chancellor , ( not as their Subordinate or Coordinate Soveraigns ) to Issue a Writ of Priviledge to them , if he saw cause , and in case of Servants of a Member of an House of Commons in Parliament Arrested or Imprisoned , the Master was upon his corporal Oath , to prove that he was his real moenial Servant , who came along with , and attended on him before he could be released by a Supersedeas , and Writ of Priviledge out of the Chancery ( being the Court of the King , not of the House of Commons in Parliament , ) one Member of the House of Commons in Parliament assaulting another , is a breach of Priviledge , and of the Peace , for which he may be imprisoned until he find Sureties of the Peace ; and in the case of George Ferrers , a Member of the House of Commons in Parliament , reported by Mr. Crompton , the House it self appealed to King Henry the 8th for his deliverance : And although they do represent some part of the Commonalty , yet it is within limits and boundaries so little to be transgressed as our Laws , constant Customs and Usage of Parliament have una voce constantly affirmed , that there can be no allowance of Priviledge of Parliament in cases of Treason , Felony , or Trespass . And being so subordinate , and tyed up as to themselves by our Laws , antient Customs and Usages , and their own Oaths of Allegiance and Supremacy , ought not surely to think that the power of representing for some , can be by a limited Commission or Procuratorship enlarged to all that an Authority to represent in the doing of one single Act , or consenting thereunto can give them a liberty to do what they please in every other matter , and even in contraries against duties enjoyned by their Oaths of Allegiance and Supremacy and that when antiently , and of long continuance , ( now altogether disused ) they were to give Sureties or Pledges to their Counties or places to perform their trusts , it was not to imprison , sequester , starve or ruine , or make Rebels & Traitors those that gave them their Letters of Attorney , Substitutions , or Procurations , and cannot but understand that an Attorney or Transgressor wilfully damnifying those that commissionated them , are by common Law , Reason , and Equity damna resarciri , and make amends , that jure gentium Leagues even made by Embassadours in the behalf of their Princes that sent them , contrary to their Mandates or Instructions have not seldom been avoided or altered , and that it was adjudged in the case of Mendoza the Spanish Embassadour plotting Treason here against Queen Elizabeth , that he was not to be allowed the priviledge of an Embassador , for that Illiciti non est mandatum . For did they represent those that within their bounds they did truly and properly represent , they could not Arrogate a power without the King , to unelect or remove those that came thither elected by their own Counties , Cities , and Burroughs , not by any power or Authority of their own , but by virtue of their Kings Writs , nor order the Clerk of the Crown ( the Kings Officer , and none of theirs ) to raze their names out of the Record , a matter which our Laws and Parliaments themselves have ordained , to be without exception highly Criminal , and it may be an everlasting problem how the Members chosen by one County or City should be put out by another , that were strangers or Forreign unto their Election , and were not commissionated to expel or justle out one another , ( for so might Cornwal , Wiltshire , and the County of Sussex , who do claim a multiplicity of Members in the House of Commons in Parliament be praedominant , and out-do all the rest in benefiting themselves , or hindring whom they list ) or by what Authority they do now of late ( for before , or in the Raigns of King Henry the 8th Edward 6. Queen Mary , Queen Elizabeth , King James , King Charles the Martyr , and all their Royal Progenitors and Predecessors ever since this Kingdom was and hath been , and should be a Monarchy of above One Thousand years , it hath been never heard of , that strangers whom they would be thought to represent , and sometimes their own Members , or those they do not represent , must , when they receive their sentence or censure , as it is stiled , from them , who have no judicative power , but were only Elected ad faciendum & consentiendum unto those things which should be ordained by the King , by or upon the advice of the Lords Spiritual and Temporal in Parliament , constrain to receive their sentence of expulsion , if they be Members , or punishment , if otherwise , upon their knees , unless they will claim to be a Soveraignty , which their Oaths of Allegiance and Supremacy , all our Laws , Records and Journals of Parliament , and our Annals and Histories , and the Usage and Customs of Neighbour Nations , Kingdoms and Republiques , have hitherto contradicted ; or if it shall be said , that it is in regard that the King is supposed to be virtually there , and always believed to be present , our Laws , Records , Annals , and Reason and Truth , will make hast to confute them , that it would be absurdissimum ab omni ratione remotum , & nullo Exemplo in Anglia usitatum , for that the King is , we hope , no Commoner , or Member of the House of Commons in Parliament who come thither as his Subjects , and sworn to obey him and his Successors , under their Oaths of Allegiance and Supremacy , was not Elected at all , or to be there for his Place , and his Throne and Chair of State is in his House of Peers in Parliament , to whom he sends , which he usually doth in the time of Parliament , to come to receive his Commands and Directions , and cannot surely at one and the same time be supposed to be in two places , or to send for himself to come out of the House of Commons to himself into the House of Peers to hear what himself would say unto himself , for when in other cases it hath been said that the King is by our Laws intended to be vertually or personally present in his Courts of Justice , it it is not personaliter , but authoritative , where Sentences or Judgments are not received upon the knees , neither in the Ecclesiastical Courts where the Bishops in the name of God and as the Church do only give their sentences , and make their decrees without the Majesty or Ceremony of kneeling unto them to be performed by those that are concerned to obey the Condemnation , & it may be a Quaere harder to unriddle than many of those of Sphinx , how it can consist with the reason of such a repraesentation , that they whom they would seem to represent , should be Petitioners unto themselves , and that if any of the County or place represented shall commit any offence against any single Member of the House of Commons representing for another County or place , as for breach of priviledge , or for words , &c. The persons of the other Province or place must be punished , and come upon their knees , and not they that represented them & a Warrant sent by their Speaker , for the Kings Writ to the County , City or place , to Elect another in that House , and might have done much better to have hindred it . Or if any Freeholder , Gentleman or Clown that Elected them were not before accustomed to be kneeled unto as by an adoration , how these enlightened over-lofty Members can compel men to adore and kneel unto them under a colour of Representation , when those that they would have believe that their new-found Representation , with an adoration designed to be entailed upon them , would have been ashamed to have it to be done unto them , and durst never claim or own it in their own Counties or places that Elected them , and might be abundantly satisfied , that neither the Kings Writs , or their Election , Indentures , Letters of Attorney , Procurations , or any Praescription , or supposed Priviledge of Parliament , could entitle them unto such a kind of Majesty , or how they that are no Judicature or Court of Record , and have no power to give , or administer an Oath to Witnesses , can escape the blame or censure of Magna Charta , and all the Laws , Right , Reason , and Rules of Justice and Equity to be Parties and Judges in their own Cases , or enforce their fellow Subjects , and not seldom of better Births and Extractions to receive upon their knees with adorations their unjust dooms and sentences , when better tryed Criminals in the Court of Kings Bench , where the King as a Judge is supposed to sit himself , do not likewise in his other Courts receive their Judgements upon their knees , but only when they receive the Kings pardon in rendring their thanks unto him . But should rather remember , that the Angel in the Apocalipse would not suffer St. John to kneel unto him , and that the often sawcy Plebs or Vulgus of Rome could be content with the Exorbitant power of their Tribuni Plebes in their Intercessions for Laws , without any the adoration of kneeling , nor are there to be found any Records or Presidents in England , or any scrap of Law or Reason that any of our Kings in their licensing any of the Speakers of the House of Commons , should give them any Power or Priviledge to Eject any of their fellow Members , and make them on their knees receive uncivil and ungentleman-like words , such as Mr. Williams a late Speaker of the House of Commons in Parliament was pleased to say unto Sir Robert Peyton Knight , being commanded and enforced to receive his Lawless Ejectment upon his knees in these words , Go thou worst of men , the House hath spewed the out , or after such an Insolence to require the Kings Clerk of the Crown to make out a Warrant in the Kings name to Elect another Member in his place . And our England , nor any other civilized part of the World , have yet found such a Parcel of Representatives or Deputies that can think themselves so to be entituled ( as the Author of the Character of a Popish Successor in this Kingdom of England hath been pleased to grant unto them ) to that which they would willingly stile their own Royal Inheritance and Sacred Succession of Power , when they are not as Embassadors , Repraesenting Princes , sent unto , or Treating with Princes , but as Procurators or Attorneys employed by those that are , nor ever were more than Subjects their ne plus ultra . Or by what Art or refined Chymistry was such a Majesty entailed or infused into them when Kelsy a Body or Bodice-maker and Barebone a Fanatick Letherseller were Members , or what or whose Charters or Letters Patents , have they to entitle them thereunto , when Sir Edward Coke a learned Lawyer , gives them no greater Title than that of a grand Enquest , and Mr. William Pryn , that adventured Body and Soul for them , and with great mistakings joyning them in a Supremacy conjoynt with the House of Peers in Parliament , abundantly found fault with them in taking too much upon them in other matters , when those designs of Majesty were not arrived or let down from Heaven , as the figment of the Anciliae at Rome was believed to be , or how could the Commons in Parliament charge ( as they did so unjustly and wickedly ) King Charles the first for coming unarmed without any Guard to seize Pym , Hambden , Haselrig , and the rest of the five Members , and Kimbolton , then , and long after , guilty of High Treason , if he were then in the House of Commons in his Politick or personal Capacity , a distinction which the Master of Hypocrisy and Lyes had taught them when in several of his Battels in the defence of himself and his Loyal Subjects , Weemes a prefidious Scot and others Levelled their Cannons at him with Perspective Glasses to be sure to hit him , a Method which David had not learned when he found Saul sleeping , and was afraid to touch or kill the Lords Anointed , and never left persecuting him until they had cut off his Head , and murdered him in both his Capacities , which did not serve for a Plea in the case of Cook , Hugh Peters , and other his justly condemned Murderers , who had not then the Impudence to plead or rely upon such a parcel of devilism , when they might know that the Politick and personal capacity of a King , or any subordinate Magistrate were so conjoint and inseparable , as in articulo mortis , that part of Kingship or Magistracy could not be severed from the natural , unless it were in such an apparent and publick manner as in the self-deposing and Renunciation of our King Richard the 2d of Charles the 5th Emperor of Germany , retiring into a Monastery , or as some of the ancient Kings and Princes of France were when they were cheated of their Kingly Power , and forced to be shaven as Monks , and put into a Monastery . And that notwithstanding the House of Commons new-fashioned way of their own framing , since the Raign of Queen Elizabeth , of making their own Committee to find out and determine such Priviledges as they would claim , and have , they might have discovered that in the Court of Kings Bench in the case of Richard Chedder a Servant to a Member of the House of Commons in Parliament being in his coming to Parliament beaten and wounded by one John Savage , the Record declareth , that , videtur cur quod non est necesse quod Inquiratur per patriam quae dampna praedictus Richardus Chedder qui venit ad Parliamentum in Comitiva , &c. Et verberatus & vulneratus fuit per Johannem Savage sustinuit occasione verberationis , set magis cadit in discretionem Justic Ideo per discretionem cur consideratum est quod dictus Richardus recuperet . dampna sua ad centum marc . & similiter centum marc . And though he was a Servant to a Member of the House of Commons in Parliament , was committed to the Marshal , quousque sinem faciat cum Domino Rege per minatoriis datis Juratoribus appunctuat . ad inquirend . And if there had been any Priviledge due to the Members of the House of Commons in Parliament besides , and other than that which their Speakers do at their admittance by our Kings and Princes claim in their behalf being no more than freedom of Access to their Persons , and from arrest of their Persons and moenial Servants ever since , or in the 22 year of the Raign of King Edward the first ; for in the 49th year of the Raign of King Henry the third , when that King was a Prisoner to Simon Montfort , and his Partner Rebels , those few that were sent as Members of that , not to be called a Parliament , claimed not any Priviledges from the beginning of our verily long lasting Monarchy , until that their distempered and unhappy framed Writ for the Election of Knights , Citizens and Burgesses to come to Parliament in 49 H. 3. nor can it be made appear that any of the Commons were before ever Elected to come as Members of Parliament ( the Writs ex gratia Regis allowed for the Levying of their Wages , being no Priviledge given by the King , but rather the Gift and Wages of the Counties and Places that Elected them . ) And the Priviledges of the Lords Spiritual and Temporal , besides those of the Earls , and higher Degrees of the Nobility , whose Patents and Charters about the Raign of King Richard the 2d gave them their Priviledges of having vocem locum , & sedem in Parliamento , & concilio generali Regis , and before had their Titles of Earls by a Charter of the third penny or part of the Fines and Amerciaments of the County of Oxford , as the Creation of Alberick de vere Earl of Oxford by King Henry the 2d hath demonstrated , and some Authentick Historians have told us , that King John made two Earls , per Investituram cincturae gladii , who waited upon him immediately after as he sate at dinner gladiis cincti , and by reason of the Grandeur and Honour of their Estates and Priviledge to advise their King , needed no protection from Arrests , and their Ladies and Dowagers do enjoy the like Priviedges , and when they should in extraordinary affairs be summoned to Parliament to be advised withal by our Kings , whereunto when they were travelling through any of his Forrests , they might kill a Deer , so as they , or any of them gave some of the Keepers notice thereof by blowing of an Horn and leaving a piece thereof hanging upon a Tree . A Baron may speak twice to a Bill in Parliament in one day when a Member of the House of Commons can but once , they neither need or choose any Speaker , for the Chancellor or the Keeper of the Kings great Seal of England is the only Speaker of that House where the King doth not do it himself , or commissionates some other to officiate in the Lord Chancellor or Lord Keepers place , or time of sickness . Every Baron or other Lord of Parliament in any Action where the Defendant pleadeth he is no Baron , it shall not be tryed at the Common Law , or by Jury , nor by Witnesses , but by Record , their Bodies shall not be arrested , and neither Capias or Exigent shall be awarded against them , and their bodies are not subject to torture in causa laesae Majestatis . Are not to be sworn in Assises , Juries or Inquests , if any Servant of the King in Checque Roll compass the Death of a Baron , or any of the Kings Privy Councel , it is Felony ; in any Action against a Baron in the Court of Common Pleas , or any of the Courts of Justice , two Knights are to be impannelled of the Jury , he shall have a day of grace , shall not be tryed in cases of Treason or Felony , or misprision of Treason , but by their Peers , and such as are of the Nobility who are not sworn , but give their verdict only upon their honour , & super fidem & ligeantiam domino Regi debitam , and by an Act of Parliament made by Queen Elizabeth are exempt from the taking of the Oath of Supremacy , which the Members of the House of Commons are ordained to take before their admittance , the Writs of Summons to a Parliament are directed only to themselves who are not Elected as the Members of the House of Commons who are but as the Attorneys and Procurators for those that sent them ad faciendum & consentiendum , to do and obey what the Lords shall ordain , who sub fide & ligeancia Domino Regi debita , do represent only for themselves , and the cause saith Sir Edward Coke of the Kings giving the Nobility so many great Priviledges , is because all Honour and Nobility , is derived from the King who is the true fountain of Honour , and Honours the Nobility also two was , as , 1. Ad consulendum , and ( anciently ) gives them Robes . 2dly . A Sword Ad defendendum Regem & Regnum , and the Oath of Allegiance is , and ought to be imprinted in the heart of every Subject , scil . Ego verus & fidelis ero , & veritatem praestabo Domino Regi de vita & membro & de terreno honore , & vivendum & moriendum contra omnes gentes , &c. Et si cognoscam aut audiam de aliquo damno aut malo quod domino Regi evenire poterit revelabo , &c. And their Wives and Dowagers enjoy the same Priviledges in the time of Parliament , and without , and their Sons and Daughters a praecedency , which those of the House of Commons have not , the Lords can in case of Absence by the Kings License make their proxy , but the Members of the House of Commons cannot ; the Lords at any conference with the Members of the House of Commons do sit covered , but the Commons do all the while stand uncovered ; the Lords have a certain number of Chaplains in time of Parliament , and with a Priviledge of enjoying more than one Benefice , but the Members of the House of Commons none ; the Lords in the case of breach of Priviledge ( by arresting any of their Moenial Servants in the time of Parliament , do by their own order punish the offenders , which the House of Commons should not without the assistance of the King by his Writ out of his Court of Chancery ; the Lords and some others appointed by the King are in every Parliament Tryers of the Petitions of the Commons , but they are not of any Petitions to the King and House of Lords , the Commons not being to be allowed , petitioning to themselves , and our Kings often refusing to grant what was required , where any had offended and broken the Priviledge of the House of Lords , or committed any Treason or misdemeanor against the King and many times upon a charge of the House of Commons they were to receive their sentence at the Bar of the House of Lords kneeling , but never in the House of Commons until the late new-fashion'd Rebellion , and fancied Soveraignty of the people , which God never gave them , and the Devil cannot allow them after a Parliament ended , and leave given by the King to depart , the Commons do Petition the King for his Writs to the Counties and places that sent them to pay them their wages , which the House of Peers never did . And a strange representation , partial , much disordered and disjointed it was when 45 Members in the time of a Rebellious and Parliamentary confusion , ejected 400 of their better conditioned fellow Members , and have since taken upon them , when their Soveraign hath with some restrictions given them proper and necessary liberty of Speech in the discussing of matters pertinent and becoming the reason and business , for which they were called to deny innocent liberty to their Partners chosen and intrusted by other parts of the Nation , not at all depending upon them , but Elected , sent and intrusted by their fellow Subjects , Arraign and Murder their Pious King at the Suit of the People when they neither could , or did give them any Order or Authority to do , vote , and make a War against him , his Loyal , and their fellow Subjects , to the Ruine and Destruction of above two hundred thousand , and punish others as their Votes shall carry it , receive upon their knees their Sentence sometimes to be imprisoned in the Tower of London , sent thither only by their Speakers Warrant , or expelled the House , with a Warrant for the Kings Writ , to Elect another , and no man can tell whence that power was , is , or could be derived unto them either by Warrant of the Laws of God , Nature , or Nations , or the Laws , and reasonable Customs of England , or of any Forreign Senates or Councels , to disprove , approve , or remove or punish one another , or how they can underprop that their beloved Authority , when many times the Major part of the Members were absent in person , and many of those that are present , and have no mind to concur , were either wanting in their courage , or that for which they were Elected , and what with those that were absent and tarryed in their Countries , or were in London and come late to the House , or stayed there but a very short time , there is seldom the one half , or so many of them as could make a Major part of them understand to give an energy or certain establishment to what within the limits and bounds of their constitution should be agreed unto , or by what Rule of Law or rectified reason any that are represented should be condemned by those that represent them not for that , but for better other purposes . Or how they can be said to represent the People that sent them in the matter of Parliament Priviledges , when they that they represent are not to partake of their Freedom from Arrests , Troubles of Suits , &c. for themselves and Moenial Servants , or how do they represent in their properties , when there is no such thing in their Writs , Commissions or Procurations , and they did in the 13th year of the Raign of King Edward the 3d , ask leave of the King to go home to their several Countries and Places , to confer with those that sent them , concerning a Tax or Subsidy required , or how they can be said to represent for all that sent them , and call themselves one of the three Estates of the Kingdom , if any can tell how to believe them , when they whom they would represent are not , nor ever were Estates , &c. If the People had a Soveraignty Vested and Inhaerent in them , should be no more when they are in Parliament but as a Grand Enquest , as Sir Edward Coke saith , ( to some only purposes ) but to many , and the most of their business , but as Petitioners for Redress of Grievances , or if they could by any right or construction be understood to be Soveraigns , when they can do nothing there , or have admittance until they shall have taken the Oaths of Allegiance and Supremacy to their King and Soveraign , or can demonstrate how many kinds of Soveraigns there be , and which is on Earth the Single and Sole Soveraign under God , or when or how came all the People they would represent to be Soveraigns , or how can they be Soveraigns after they have taken their Oaths of Allegiance and Supremacy unto their King and Prince , and his Heirs and Successors , their only very not Fictitious Soveraign , and how it happeneth that they have in many of their Petitions in Parliament , stiled themselves your Pourez Leiges the Commons of England , if they at that time had any part of Soveraignty in them , and were not all Poor neither , or when sometimes in the Raign of King H. 6. or in his Absence or Infancy their Petitions were directed unto them by the Title of Sages , Senators , & tres Honourable Seignieurs , or how they could as representatives of the Commons be Petitioned unto , by any of the Commons ; For that would have been as absurd to have been Petitioners to themselves , or to have been believed to be all Wise or Honourable , or that all they represented could by any kind of Grammar , Reason or Sense be understood to have been sent as Soveraigns , or were ever so understood to be by those that Elected or sent them , they should , when they were to go home to those that delegated them , were not to depart without the Kings License , and then did not neglect to Petition the King for Writs , to be paid their Wages by the Countries or Places that employed them , and if any Sheriff had levied their Wages with an overplus for himself , they that were so wronged have complained to the Kings Justices in Eyre , and have been remedied ; But were never found to complain to their unintelligible Soveraigns , or to have any process from them to levy their Expences , or to Petition to have them paid out of the Lands & Estates of those that sent them , or was granted by any Order or Procurations of those that sent them . Or if all the people of England , who are and should be certainly to be known and Ranked according to their several degrees and qualities , unless all should be levelled into a Lump informity or menstrosity Higeldy Pigheldy , all Fellows at Football , it might put Heraldry it self at a stand , or out of its wits to distinguish how much of a Knight of a Shire is a Duke , Marquess , Earl , Viscount , Baron , Knight , Esquire , Gentleman , Yeoman , or Common Freeholder , or the Widdows or Feme Soles of any of them resides , or is incorporate in that one Knight of a Shire , or how much in the other Knight of the Shire , when by the Kings Writs there were to be no more than two , and by Oliver Cromwels the Usurpers Writs , there was as many as six , and when in his Time of Villany two English Earls , Knights of the Kings Honourable Order of the Garter , sate as Members of that which was miscalled the House of Commons in Parliament , although it might well deserve the Question of what Nation they were or Riddle , my Riddle what is this , how much of them were Earls or Commons , or what Epiccen or Hermophrodite kind of men they were , or whom ( if not very Rebels , they did then and there represent ? Or whether the Knights and Burgesses of England and Wales , as they were admitted into the House of Commons from the 48th and 49th year of the Raign of King Henry 3. until the Raign of King Henry the 7th did or could represent , for Ireland Gastoign , the Isles , and other Dominions of our Kings , and sometime Scotland , for which until then there were Receivers and Triers of Petitions particularly appointed for those other Dominions and places , or who did represent for Wales the Bishoprick of Durham before there were Knights of the Shires and Burgesses allowed by our Kings , or for the Town of Newark upon Trent so lately priviledged by his now Majesty , or whether they do in one entire and complexed Body represent for all the Commons of England , when as the Journals , Parliament Rolls and Memoriols can inform us that sometimes the City of London , as also other particular places have separately petitioned the King , and not at all Times in a generality name and behalf of all the Commons of England , Servants , Mechanicks and Labourers , &c. which being no Freeholders or Electors , can never be understood to have given any of the Members of the House of Commons any procurations jointly or separately to give any consent or represent for them in Parliament . So that whatsoever hath or shall be done or acted in Parliament either for Lease or Copyholders villani Bordarii , Mechanicks , Labourers , Servants , &c. Neither is or can be obliging to those multitudes otherwise than by the Soveraign power of the King , when by the Energy , and Vertue of his Royal Assent that which was before but an Embrio comes to be aminated , and have as it were a Life and a Soul breathed or put into it by his sanction , or giving it the force of a Law by his , and no others Act of Parliament further than the advice of the Lords Spiritual and Temporal , and the Assent or Approbation of the Commons in Parliament assembled . Or how they can by or with any Law , Right , Reason , Construction , propriety of Speech or Grammar be said or believed to represent those of the Commons of England whom they have many times accused and take upon them to imprison or punish . When our Parliaments have been , or should be founded upon the Feudal Laws , our Monarchick best of Governments , and there could be no Election of Members of the House of Commons to come to Parliament ad faciendum & consentiendum iis , which the King by the advise of the Lords Spiritual and Temporal should there ordain , not in omnibus , in all matters , for that was the proper care and business of our Kings and Princes , and their private Councel , by whose advice the Writs of Summons issued out under the Kings great Seal of England , to Summon the Lords Spiritual and Temporal to a Parliament to consult not de omnibus , or de omnibus arduis , but de quibusdam arduis , and until the 49th of King Henry 3. when Simon Montforts Rebellious Parliament and his Counterfeit Writs of Election of Members to be a then endeavoured to be constituted House of Commons in Parliament , received its first foundation , and gave the occasion and encouragement to many Rebellions and Mischiefs afterward , and from the 21 , and 22 E. 1. until that gave it some rectifyed allowance unto such a kind of Election and Convention of Members in an House of Commons in Parliament to be assembled ; the so Elected Members of Commons of Parliament could neither meet or assemble , until there were Writs of Summons issued out to assemble the Lords Spiritual and Temporal as Peers not unto the King , but one unto the other in Parliament , for when the Lords Spiritual and Temporal are not to be assembled by the Kings Writs of Summons , the Commons cannot be Elected to attend the King and the Lords Spiritual and Temporal , for to meet without so much as unto Markets or Fairs , or Indulgent allowance of our Kings would be a breach of the Kings Peace , which should be so sacred and ever was accompted to be of so great a concernment unto him and his people , as when he pardoned any of his offending Subjects against his Laws , the ancient forms of our Kings pardons were only without enumerating , or particular specification of the Crimes damus & concedimus pacem nostram , and gives us the reason that all our Parliaments as well relating either to the upper or lower House , do specially except Treason , Felony , or breach of Peace , which seemeth certainly to be no other than a necessary Clause , added by our Kings in their priviledges of Parliament . And otherwise it would be an unread , unheard , & unintelligible mixture of a Supremacy or Soveraignty , that a King deriving his Soveraignty only from God , and his People and Subjects sworn unto him by their Oaths of Allegiance and Supremacy , and obliged unto him for their Estates and Self-preservation , at the same time be invested with a Soveraignty , which is to be certainly placed amongst the most puzling Riddles of Madam Sphinx , and none of the over-turning Republicans , can give us no manner of solution until all the Vulgus or Rabble multitude of the World can be persuaded to be of one mind , and for many years continue therein , and all impossibles come to be possible . And there cannot be a greater absurdity offered to the Common Intellect or understanding of mankind , than to endeavour to perswade them that there is a plurality of Soveraigns , and that all the Subjects of England do or can represent the King , and are his Soveraigns , or that he is the Subject or general Servant of so many Millions of people , as he is rightfully King of , and are sworn unto him by the Oaths of Allegiance and Supremacy , but are conditionally only his Subjects until some fair opportunity to Arraign him at the suit of his own Subjects , cut off his head , and extirpe him and his Illustrious Family , by no other Warrant than to set up the Kingdom of Jesus Christ , who never yet gave them any Order or Authority to attempt any such egregious Villany . And should not have been so locked up in their Morphaeus commonly erring , wandring dreams or imaginations , as to think that two or three necessary priviledges only proper for Members of the House of Commons in Parliament may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs , and may be very great loosers by the bargain , if by such a Gross mistake they make all that is or shall be their own proper Estates allowed , or given unto them by the bounty and munificence of our Kings and Princes , and their Feudal Laws to be Priviledges of Parliament , when their Properties and Liberties are not Priviledges of Parliament ; and all kind of Priviledges are and ought to be subject unto these two grand Rules of Law , and may and ought to be forfeitable by a non user , or misuer , no Praescripton or length of time in such cases being to be made use of , against the King , and some Corporations , as the Burrough of Colchester procured an Exemption from sending Members to the House of Commons in Parliament ▪ in regard of their charge of Building or Repairing their Town-walls , and New-Castle upon Tyne , did the like propter inopiam , and charge and trouble to defend themselves against the Scots ; and Priviledges of Parliament are not , nor can with any propriety of Speech , Truth , Reason or Understanding , be called Liberties Properties or Franchises , which they that make such a noise with them , would be sorry to have so brittle , short or uncertain Title in , or unto their own Rights in their own Estates , Lands or Livelihoods , and had better be at the charge to go to School again , or fee a Lawyer , to instruct or make them understand the difference betwixt Priviledges of Parliament , and Priviledges that do no way appertain unto the aforesaid Parliament Priviledges , and betwixt Privilegium and Proprium , and cannot sure be so vain or foolish , as to think that they were Elected by the Peoples Authority , and their own , and not by the Kings , or that after the King hath allowed them a Speaker , for otherwise he must be at the trouble to forsake his own proper place , Chair of Estate or Throne in the House of Peers , and sit in the House of Commons with them , and hear their Debates , Discourses and Speeches , pro aut contra , which might have abridged them of their Priviledge of Freedom of Speech granted at his allowance of their Speaker , or that by the immediate causing to be carried before that their allowed Speaker in the presence of these many Members of the House of Commons , that came to attend him to the King , one of his Royal Masses or Maces Crowned , usually born before our King , as Ensigns of Majesty to attend him during the time of his Speakership at home or abroad in the House of Commons in Parliament , or without , whether it continue for a short or long time , as many of our Parliaments have done , with an allowance of five pounds per diem for his House-keeping and Table-provision , whereof many of their Members do not seldom partake ( the Lord Steward of the Kings Houshold having likewise a large Allowance of Expences by the King for his Table , to entertain such of the Nobility and others , as during the time of Parliament will come to eat with him ) besides many large Fees in the making of Orders , and passing of Bills or Acts of Parliament for Laws , Naturalizations , &c. which could not be legally taken without the Kings Tacit permission ( the late illegal and unparliamentary way never used in any Kingdom , Senate or Republick , or in this Kingdom , to suffer their Speaker or his Clerks , to make a great weekly gain by the Printing and Publishing , to be sold at every Sationers or Booksellers Shops , and cryed up and down the Streets in London and Westminster , by Men , Women , Girls and Boys , all that is , or hath been done in the Commons House of Parliament to the no small profit of their Speaker excepted ) or that when any person not of that House , who have not by any supposed Priviledge , any Serjeant , Lictor , Catchpole or Messenger fastes or secures to attend them , or any particular Prison allotted unto them who by their Commissions , Elections or Trusts reposed in them by their King and Countries , may search , and never find any power or Authority lodged in them , who never were or are any Court of Judicature , to Seise , Arrest , or Imprison any of their Fellow Subjects , but since that late Incroachment which hath no older a Date , than about the latter end of the Raign of our King James the First , who upon his observation of some of their Irregularities , jestingly said that the House of Commons in Parliament were an House of Kings , it never being intended by those that Elected them , or our Kings and Princes that admitted them , that they should have or exercise any power to Seise or Imprison , or any place or Prison allowed by our Kings as their particular Prison , and though it appears that they had in the latter end of the Raign of King Henry 6. a Clerk , yet it was by the grants of our Kings , & by themselves have by the Kings permission appointed Door-keepers , but upon any occasion or cause of Imprisonment , or punishing any offenders , could find no other means , Praesident or way unto it , than to make use of the Kings Serjeant at Arms attending their Speaker , who arresteth , and either carrieth them to Prison to the Tower of London , which is no Prison appropriate to matters of Parliament , either to the House of Peers , who are to consult and advise their Soveraign , or the House of Commons to Assent and obey , ( the Tower of London being only the Kings Prison for special offenders ) and more than ordinary safe Custody the Marshallsea for the Courts of Kings-Bench , and Marshallsea , the Fleet for the most of the Courts in Westminster-Hall , that was anciently the Kings House or Palace , every County or City in England and Wales , and the Court of Admiralty having their particular Prisons appertaining to their Coercive Power subordinate to their King , every Prison being alwaies stiled and said to be prisona nostra , or prisona domini Regis , the Prison for or of the King , whereby to restrain offenders of their Liberties , and keep them in the Custody of the Law until they can be tryed , and give Satisfaction to the Law so as if there were no other cogent arguments or evidences amongst multitudes of those that in our Annals and Records , and the whole frame and constitution of our Kingly government , to support and justify the Soveraignty thereof , that only one of our Kings allowing their Speaker the attendance of one of their Serjeant at Arms , with his Mass , or Mace , as an Ensign of Royal Majesty with a pension for his support and House keeping , and an allowance of large . Fees as aforesaid , might be sufficient to proclaim a most certain Soveraignty and Supremacy in our Kings and Princes , and none at all in the House of Commons , who may do well to take more heed in their ways and incroaching upon Regal Authority , which in the Raigns of King Edward the third and King Richard the 2d upon less overt-acts and Praesumptions have been accompted and punished as High Treason . § 27. That no Impeachment by all or any of the Members of the House of Commons in Parliament , or of the House of Peers in Parliament , hath , or ever had any Authority to invalidate , hinder or take away the power , force or effect of any the pardons of our Kings or Princes , by their Letters Patents or otherwise , for High Treason or Felony , Breach of the Peace , or any other crime or supposed delinquency whatsoever . FOR if Monarchy hath been by God himself , and the Experience of above 5000 years and the longest Ages of the World approved ( as it hath ) to have been the best and most desirable form of Government . And the Kingdom of England , as it hath been , for more than 1000 years , a well tempered Monarchy , and the Sword and Power thereof was given to our Kings only by God that ruleth the Hearts of them . The means thereunto which should be the Power of Punishment and Reward , can no way permit , that they should be without the Liberty and Prerogative of Pardoning , which was no Stranger in England long before the Conquest , in the Raign of King Athelstane , who did thereby free the Nation from four-footed Wolves by ordaining Pardons to such Out-Laws as would help to free themselves and others from such villanous Neighbours , the Laws , of Canutus also making it a great part of their business to enjoyn a moderation in punishments ad divinam clementiam temperata to be observed in Magistracy , and never to be wanting in the most Superior , none being so proper to acquit the offence as they that by our Laws are to take benefit by the Fines and Forfeitures arising thereby , and Edward the Confessors Laws would not have Rex Regni sub cujus protectione & pace degunt universi , to be without it ; when amongst his Laws , which the People of England held so sacred , as they did hide them under his Shrine , and afterwards precibus & fletibus obtained of the Conqueror , that they should be observed , and procured the observation of them especially to be inserted in the Coronation-Oaths of our succeeding Kings , inviolably to be kept . And it is under the Title of misericordia Regis & Pardonatio , declared , That Si quispiam forisfactus ( which the Margin interpreteth rei Capitalis reus ) poposcerit Regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum per dendorum , potest Rex ei lege suae dignitatis condonare si velit etiam mortem promeritam ; ipse tamen malafactor rectum faciat in quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda si vero fidejussores defecerint exulabitur a Patria . For the pardoning of Treason , Murder , breach of the Peace , &c. saith King Henry the First , in his Laws , so much esteemed by the Barons and Contenders for our Magna Charta , as they solemnly swore they would live and die in the defence thereof , do solely belong unto him , & super omnes homines in terra sua In the fifth year of the Raign of King Edward the Second , Peirce Gaveston Earl of Cornwal , being banished by the King in Parliament , and all his Lands and Estate seized into the Kings hands , the King granted his Pardons , remitted the Seizures , and caused the Pardon and Discharges to be written and Sealed in his Presence . And howsoever he was shortly after upon his return into England , taken by the Earl of Warwick and beheaded without Process or Judgment at Law , yet he and his Complices thought themselves not to be in any safety , until they had by two Acts of Parliament in the seventh year of that Kings Raign obtained a Pardon , Ne quis occasionetur pro reditu & morte Petri de Gaveston , the power of pardoning , being always so annexed to the King and his Crown and Dignity . And the Acts of Parliament of 2 E. 3. ca. 2. 10 E. 3. ca. 15. 13 R. 2. ca. 1. and 16 R. 2. ca. 6. seeking by the Kings Leave and Licence in some things to qualifie it , are in that of 13 R. 2. ca 1. content to allow the Power of Pardoning to belong to the Liberty of the King , and a Regality used heretofore by his Progenitors . Hubert de Burgh Earl of Kent , Chief Justiciar of England , in the Raign of King Henry the third , laden with Envy , and as many deep Accusations as any Minister of State could lie under , in two several Charges in several Parliaments , then without an House of Commons , had the happiness , notwithstanding all the hate and extremities Put upon him by an incensed Party , to receive two several Pardons of his and their King , and dye acquitted in the Estate which he had gained . Henry de Bathoina a Chief Justice of England being in that Kings Raign accused in Parliament of Extortion and taking of Bribes , was by the King pardoned In the fifieth year of the Reign of King Henry the third , the Commons in Parliament petitioning the King , that no Officer of the Kings , or any man , high or low , that was impeached by them , should enjoy his Place or be of the Kings Council . The King only answered , he would do as he pleased . With which they were so well satisfied , as the next year after , in Parliament , upon better consideration , they petitioned him , that Richard Lyons , John Pechie , and lice Pierce , whom they had largely accused and believed guilty , might be pardoned . And that King was so unwilling to bereave himself of that one especial Flower in his Crown , as in a Grant or Commission made in the same year to James Botiller Earl of Ormond of the Office of Chief Justiciar of Ireland , giving him power under the Seal of that Kingdom to pardon all Trespasses , Felonies , Murders , Treasons , &c he did especially except and reserve to himself the power of pardoning Prelates , ●arls and Barons In the first year of the Raign of King Henry the fourth the King in the Case of the Duke of Albemarle and others , declared in Parliament , that Mercy and Grace belongeth to Him and his Royal Estate , and therefore reserved it to himself , and would that no man entitle himself thereunto . And many have been since granted by our succeeding Kings in Parliament at the request of the Commons ( the People of England in Worldly and Civil Affairs as well ever since , as before , not knowing unto whom else to apply themselves for it . So as no fraud or indirect dealings being made use of in the obtaining of a Pardon , it ought not to be shaken or invalidated , whether it were before a Charge or Accusation in Parliament or after , or where there is no Charge or Indictment ant cedent . The Pardon of the King to Richard Lyons at the request of the Commons in Parliament , as the Parliament Rolls do mention , although it was not inserted in the Pardon , was declared to be after a charge against him by the Commons in Parliament , and in the perclose said to be per Dominum Regem . And a second of the same date and tenor , with a perclose said to have been per Dominum Regem & magnum Concilium . John Pechies pardon for whom that House of Commons in Parliament was said to intercede , only mentioneth that it was precibus aliquorum Magnatum . 15 E. 3. The Archbishop of Canterbury before the King and Lords , humbling himself before the King , desired that where he was defamed through the Realm , he might be arraigned before his Peers in open Parliament : Unto which the King answered , that he would attend the Common Affairs , and afterward hear others . 5 H. 4. The King at the request of the Commons , affirmeth the Archbishop of Canterbury , the Duke of York , the Earl of Northumberland , and other Lords , which were suspected to be of the confederacy of Henry Percy , to be his true Leige-men , and that they nor any of them should be impeached therefore , by the King or his Heirs in any time ensuing . 9 H. 4. The Speaker of the House of Commons presented a Bill on the behalf of Thomas Brooke against William Widecombe , and required Judgment against him ; which Bill was received , and the said William Widecombe was notwithstanding bound in a 1000 pound to hear his Judgment in Chancery . And the many restorations in blood and estate in 13 H. 4. and by King E. 4. and of many of our Kings may inform us how necessary and beneficial the pardons , and mercy of our Kings and Princes have been to their People and Posterities . The Commons accuse the Lord Stanley in sundry particulars , for being confederate with the Duke of York , and pray that he may be committed to prison : To which the King answered , he will be advised . And Pardons before Indictments or prosecution have not been rejected for that they did anticipate any troubles which might afterwards happen . For so was the Earl of Shrewsburys in the Raign of Queen Elizabeth for fear of being troubled by his ill-willers for a sudden raising of men without a warrant to suppress an insurrection of Rebels . Lionell Cranfeild Earl of Middlesex Lord Treasurer of England , being about the 18th year of King James , accused by the Lords and Commons in Parliament , for great offences and misdemeanours fined by the King in Parliament to be displaced , pay 50000 l. and never more to sit in Parliament , was in the 2d year of the Reign of King Charles the Martyr , upon his Submission to the King , and payment of 20000 l. only , pardoned of all Crimes , Offences and Misdemeanors whatsoever any Sentence , Act , or Order of Parliament , or the said Sentence to the contrary notwithstanding . For whether the accusation be for Treason wherein the King is immediately and most especially concerned , or for lesser Offences , where the people may have some concernment , but nothing near so much or equivalent to that of the Kings being the supreme Magistrate , the King may certainly pardon , and in many pardons as of Outlaries , Felonies , &c. there have been conditions annexed . Ita quod stent recto si quis versos eos loqui voluerit . So the Lord Keeper Coventry in the Raign of King Charles the Martyr to prevent any dangerous questions , touching the receiving of Fines and other Proceedings in Chancery , sued out his Pardon . The many Acts of Oblivion , or general Pardon , granted by many of our Kings and Princes , to the great comfort and quiet of their Subjects , but great diminution of the Crown Revenue did not make them guilty , that afterwards protected themselves thereby from unjust and malicious Adversaries . And where there is not such a clause it is always implyed by Law in particular mens cases , and until the Soveraignty can be found by Law to be in the People , neither the King or his people ( who by their Oaths of Allegiance and Supremacy are to be subordinate unto him ) are to be deprived of his haute ex basse Justice , and are not to be locked up or restrained by any Petition , Charge or Surmise which is not to be accompted infallible , or a truth , before it be proved to the King and his Council of Peers in Parliament , and our Kings that gave the Lords of Mannors , Powers of Soke and Sake , Infangtheif , and Outfangtheif in their Court Barons , and sometimes as large as Fossarum & Furcarum , and the incident Power of Pardons and Remissions of Fine and Forfeitures which many do at this day without contradiction of their other Tenants enjoy , should not be bereaved of as much liberty in their primitive and supream Estates as they gave them in their derivatives . And though there have been Revocations of Patents during pleasure , of Protections and Presentations , and Revocations of Revocations quibusdam certis de causis , yet never was there any Revocation of any Pardon 's granted where the King was not abused or deceived in the granting thereof . For in Letters Patents for other matters , Reversals were not to be accounted legal , where they were not upon just causes proved upon Writs of Scire facias issuing out of the Chancery , and one of the Articles for the deposing of King Richard 2d . being that he revoked some of his Pardons . The recepi's of Patents of Pardon , or other things were ordained so to signifie the time when they were first brought to the Chancellour , as to prevent controversies concerning priority or delays , made use of in the Sealing of them to the detriment of those that first obtained them . And the various forms in the drawing or passing of Pardons as long ago His testibus , afterwards per manum of the Chancellour , or per Regem alone , per nostre Main , vel per manum Regis , or per Regem & Concilium , or authoritate Parliamenti , per Regem & Principem , per Breve de privat sigillo , or per immediate Warrant being never able to hinder the energy and true meaning thereof . And need not certainly be pleaded in any subordinate Court of Justice without an occasion , or to purchase their allowance who are not to controul such an Act of their Sovereign . Doctor Manwaring in the fourth of sixth Year of the Raign of King Charles the Martyr being grievously fined by both Houses of Parliament , and made incapable of any place or Imployment , was afterwards pardoned and made Bishop of St. Asaph with a non obstante of any Order or Act of Parliament . So they that would have Attainders pass by Bill or Act of Parliament to make that to be Treason which by the Law and antient and reasonable Customs of England , was never so before to be believed or adjudged , or to Accumulate Trespasses and Misdemeanors to make that a Treason which singly could never be so , either in truth , Law , right , reason or Justice . May be pleased to admit and take into their serious consideration , that Arguments a posse ad esse , or ab uno ad plures , are neither usual or allowable , and that such a way of proceeding will be as much against the Rules of Law , Honour and Justice , as of Equity and good Conscience . And may be likewise very prejudicial to the very ancient and honourable House of Peers in Parliament , for these and many more to be added Reasons , viz. Former Ages knew no Bills of Attainder , by Act of Parliament after an Acquittal or Judgment in the House of Peers , until that unhappy one in the Raign of King Charles the Martyr , which for the unusualness thereof had aspecial Proviso inserted , That it should not hereafter be drawn unto Examples or made use of as a Presid●●t . And proved to be so fatally mischievous to that blessed King himself ▪ and His three Kingdoms of England Scotland and Ireland , as he bewailed in his excellent Soliloq●●es , and at his Death , his consenting to such an Act , and charged His late Majesty never to make Himself or ●is People , to be partakers of any more such Mischief procuring State Errors The House of Commons if they will be Accusers , wherein they may be often mistaken , when they take it from others , and have no power to examine upon Oath , wild and envions Informations , and at the same time a part of the Parliament , subordinate to the King , will in such an Act of Attainder be both Judge and Party , which all the Laws in the World could never allow to be just . And such a course , if suffered , must needs be derogatory and prejudicial to the Rights and Priviledges , and Judicative Power of the Peers in Parliament , unparallelled , and unpresidented , when any Judgments given by them , shall by such a Bill of Attainder , like a Writ of Error , or as an Appeal from them to the House of Commons , be enervated or quite altered by an Act of Attainder framed by the House of Commons , whereby they which shall be freed or absolved by their Peers , or by that Honourable and more wise Assembly , shall by such a back or by-blow be condemned , or if only Fined by the House of Peers , may be made to forfeit their Estates and Posterities by the House of Commons ; or if condemned in the Upper House , be absolved in the Lower , who shall thereby grow to be so formidable as none of the Peerage , or Kings Privy-Councel shall dare to displease them , and where the dernier Ressort , or Appeal , was before and ought ever to be to the King in his House of Peers , or without , will thus be lodged in the House of Commons , and of little avail will the Liberty of our Nobility be to be tryed by their own Peers , when it shall be contre caeur , and under the Control of the House of Commons . Or that the Commons disclaiming , as they ought , any power or Cognisance in the matters of War and Peace , should by a Bill of Attainder make themselves to be Judges and Parties against a Peer , both of the Kings Privy Council and Great Council in Parliament , touching Matters of that Nature . For if the Commons in Parliament had never after their own Impeachments of a Peer or Commoner , Petitioned the King to pardon the very Persons which they had Accused , as they did in the Cases of Lyons and John Pechie , in the 51 year of the Raign of King Edward the Third whom they had fiercely accused in Parliament but the year before the Objection that a Pardon ought not to be a Bar against an Impeachment , might have had more force than it is like to have . Neither would it , or did it discourage the exhibiting any for the future , no more than it did the many after Impeachments , which were made by the Commons in several Parliaments , & Kings Raigns , whereupon punishments severe enough ensued ; For if the very many Indictments and Informations at every Assizes and Quarter Sessions in the Counties , and in the Court of Kings-Bench at Westminster , in the Term time , ever since the Usurpation and Raign of King Stephen and the Pardon 's granted shall be exactly searched and numbred , the foot of the Accompt will plainly demonstrate , that the Pardons for Criminal Offences have not been above , or so many as one in every hundred , or a much smaller and inconsiderable number , either in or before the first or latter instance , before Tryal or after , and the Pardon 's granted by our Kings , so few and seldom , as it ought to be confest , that that Regal Power only proper for Kings , the Vicegerents of God Almighty , not of the People , hath been modestly and moderately used , and that the multitude of Indictments and Informations , and few Pardon 's now extant in every year , will be no good Witnesses of such a causelesly feared discouragement . And it will not be so easily proved , as it is fancied , that there ever was by our Laws or reasonable Customs an● Institution to preserve the Government by restraining the Prince , against whom and no other , the Contempt and Injury is immediately committed from pardoning offences against Him , and in Him against the People to whose charge they are by God intrusted . Or that there was any such Institution ( which would be worth the seeing if it could be found or heard of ) that it was the Chief to be taken care of , or that without it consequently the Government it self would be destroyed . To prove which groundless Institution the Author of those Reasons is necessitated ( without resorting , as he supposeth , to greater Antiquities ) to vouch to Warranty the Declaration of that excellent Prince , King Charles the First of Blessed Memory , made in that behalf ( when there was no Controversie or Question in agitation or debate touching the power of pardoning ) in his Answer to the nineteen Propositions of both Houses of Parliament , wherein stating the several parts of this well regulated Monarchy , he saith , the King , the House of Lords , and the House of Commons , have each particular Priviledges . Wherein amongst those which belong to the King , he reckons the power of pardoning , if the Framer of those Reasons had dealt fairly and candidly , and added the Words immediately following , viz. And some more of the like kind are placed in the King. And this kind of excellently tempered Monarchy , having the power to preserve that Authority , without which it would be disabled to protect the Laws in their Force , and the Subjects in their Peace , Liberties and Properties , ought to have drawn unto him such a respect and reverence from the Nobility and Great Ones , as might hinder the Ills of Division and Faction ; and cause such a Fear and Respect from the People as might impede Tumults and Violence . But the design being laid and devised to tack and piece together such parcels of his said late Majesties Answer , as might make most for the advantage of the Undertaker , to take the Power of Pardoning from the Prince , and lodge it in the People , and do what they can to create a Soveraignty or Superiority in them , which cannot consist with his Antient Monarchy , and the Laws and reasonable Customs of the Kingdom , the Records , Annals and Histories , Reason , Common Sense and understanding thereof , the long and very long approved usages of the Nation , and Oaths of Allegiance and Supremacy of those that would now not only deny but be above it . And would make the King , by some scattered or distorted parts of that Answer , mangled and torn from the whole context and purpose of it , to give away those undoubted Rights of his Crown , for which , and the preservation of the Liberties of his People , he died a Martyr ; the Author and his Party endeavouring all they can to translate the Assent of the Commons required in the Levying of Money into that of the power of pardoning , and jumbling the Words and Sense of that Royal Answer , cements and puts together others of their own to fortifie and make out their unjust purposes , omitting every thing that might be understood against them , or give any disturbance thereunto . And with this resolution the Author proceedeth to do as well as he can , and saith , that After the enumeration of which , and other his Prerogatives , his said Majesty adds thus ; Again ( as if it related to the matter of pardoning , which it doth not at all , but only and properly to the Levying of Money wherein that Misinterpreter can afford to leave out his said Majesties Parenthesis ( which is the Sinews as well of Peace as War ) that the Prince may not make use of this high and perpetual Power to the hurt of those for whose good he hath it , and of Publick Necessity ( which clearly evidenceth that his late Majesty thereby only intended that part of his Answer to relate to the levying of Money ) for the gain of his private Favourites and Followers to the detriment of his People . Whither being come , our Man of Art or putter of his Matters together , finds some words which will not at all serve is turn , inclosed in a Royal Parenthesis of his late Majest● , viz. ( An excellent Conserver of Liberty , but never intended for any share in Government , or the choosing of them that should govern ) but looked like a deep and dangerous Ditch which might Sowse him over head and ears , if not drown him and spoil all his inventions , and therefore well bethinks himself , retires a little , begins at An excellent Conserver of Liberty , makes that plural , adds , &c. which is not in the Original , fetches his feeze and leaps quite over all the rest of the Parenthesis , as being a Noli me tangere , dangerous words , and of evil consequence , and having got over goeth on untill he came to some just and considerable expostulations of his late Majesty , and then as if he had been in some Lincolnshire Fens and Marshes , is again enforced to leap until he come to , Therefore the Power legally placed in both Houses , is more than sufficient to prevent and restrain the Power of Tyranny . But not liking the subsequent words of his late Majesty , viz. And without the Power which is now asked from Us , we shall not be able to discharge that Trust which is the end of Monarchy , since that would be a total subversion of the Fundamental Laws , and that excellent Constitution of this Kingdom , which hath made this Nation for many years both famous and happy to a great degree of envy , is glad to take his leave with an , &c. and meddle no more with such Edge-Tools , wherewith that Royal Answer was abundantly furnished . But looks back and betakes himself to an Argument framed out of some Melancholick or Feverish Fears and Jealousies , that until the Commons of England have right done unto them against that Plea of Pardon , they may justly apprehend that the whole Justice of the Kingdom in the Case of the five Lords , may be obstructed and deseated by Pardons of a like nature . As if the pardoning of one must of Necessity amount to many , or all , in offences of a different nature committed at several times by several persons ( which is yet to be learned ) and the Justice of the Nation which hath been safe and flourished for many Ages , notwithstanding some necessary Pardons granted by our Princes , can be obstructed or defeated in a well constituted Government under our Kings and Laws ; so it may everlastingly be wondred upon what such jealousies should now be founded , or by what Law or Reason to be satisfied , if it shall thus be suffered to run wild or mad . For Canutus in his Laws ordained that there should be in all Punishments a moderata misericordia , and that there should be a misericordia in judicio exhibenda , which all our Laws , as well those in the Saxon and Danish times as since , have ever intended , and it was wont to be a parcel of good Divinity , that Gods Mercy is over all his Works , who not seldom qualifies and abates the Rigour of his Justice . When Trissilian Chief Justice , and Brambre Major of London , were by Judgment of the Parliament of the Eleventh of King Richard the second , Hanged and Executed , the Duke of Ireland banished , some others not so much punished , and many of their Complices pardoned , the People that did not know how soon they might want Pardons for themselves , did not afflict themselves or their Soveraign with Complaints and Murmurings , that all were not Hanged and put to the extremities of Punishment ; nor was Richard Earl of Arundel , one of the fierce Appellants in that Matter , vexed at the pardoning of others , when he in a Revolution and Storm of State was within ten years after , glad to make use of a Pardon for himself . King James was assured by his Councel that he might pardon Sir Walter Rawleigh , the Lord Cobham , Sir Griffin Markham with many others then guilty of Treason , and the Earl of Somerset and his Lady , for the Murder of Sir Thomas Overbury , without any commotion in the Brains of the rest of his Subjects , some of whom were much disturbed that he after caused Sir Walter Rawleigh to be executed for a second Offence upon the Score of the former , not at all pardoned , but reprieved or only respited . And therefore whilest we cry out and wonder quantum mutantur tempora , may seek and never find what ever was or can be any necessary cause or consequence , that the five Lords accused of High Treason , and a design of killing the King , will be sure to have a Pardon , if that the Pardon of the Earl of Danby , whose design must be understood by all men rather to preserve him , shall be allowed . Nor doth an Impeachment of the House of Commons virtually , or ever can from the first Constitution of it be proved or appear to be the voice of every particular Subject of the Kingdom ; for if we may believe Mr. William Pryn , one of their greatest Champions , and the Records of the Nation and Parliaments , the Commons in Parliament do not , or ever did Represent , or are Procurators for the Lords Spiritual and Temporal , and their numerous Tenants and ancient Baronies , that hold in Capite , nor for the many Tenants that should be of the Kings ancient Demesne and Revenues , nor for the Clergy , the multitude of Copy-holders heretofore , as much as the fourth part of the Kingdom , neither the great number of Lease-holders , Cottagers , &c. that are not Free-holders , Citizens or Tradesmen , nor can all the Members of the Body Politick be equally wounded in their Estates or concernments by the vain imaginations , causless fears , and jealousies and bugbears of other seditious or fanciful Mens own making . And to men that have not yet proceeded so far in the School of Revelation as to be sure of the Spirit of Prophesie , it may prove a matter of ill consequence that the universality of the People should have occasion ministred and continued to them to be apprehensive of utmost dangers from the Crown , from whence they of right expect Protection . And a Wonder next a Miracle , from whence the Premisses to such a trembling and timorous conclusion can be fetched , or how a People , whose valiant and wiser Fore-fathers were never heretofore scared with such panick fears , nor wont to be affrighted with such Phantasmes , should now suspect they can have no Protection from the Crown , when some of them do at the same time labour all they can to hinder it . Or how it should happen in the long Rebellious Parliament that after Mr. Chaloner a Linnen Draper of London , was hanged for Plotting a Surprize of the City of London , and reducing it to the Kings obedience , honest Mr. Abbot the Scrivener should be pardoned without any such discontent and murmuring of the People , or that Oliver Cromwel should not be debarred of his Power , of Pardoning in his Instrument of Government , and be allowed to Pardon the Lord Mordant , for a supposed Treason against his usurped Authority ; and our King deriving his Authority , legally vested in Him and His Royal Ancestors , for more than one thousand years before , may not adventure to do it without the utter undoing and ruine of his Subjects in their Properties , Lives and Estates , by His pardoning of some Capital Offenders : Or why it should not be as lawful and conveninent for the King to grant Pardons to some other Men , as to Doctor Oates or Mr. Bedlow . When no Histories Jewish , Pagan or Christian , can shew us a People , unless in Cases of intollerable Villanies , Petitioning their Kings , that they would not Pardon , when all are not like to be Saints or Faultless , and it will ever be better to leave it to the Hearts of Kings , and God that directs them , than to believe Tyranny to be a Blessing , and Petition for it . And the most exact search that can be made , when it findeth the Commons petitioning in Parliament to the King or House of Peers , that they may be present at some Tryals there , upon their Impeachments , cannot meet with any one President where they ever desired , or were granted such a reasonless Request , pursued and set on by other Mens Designs to have one Mans Tryal had before another , and by strugling and wrestling for it , expose the King and Kingdom to an utter destruction . And therefore in those their fond importunities might do well to tarry until they they can find some Reason why the Lords Spiritual may not Vote or Sit as Judges or Peers in Parliament , in the Case of the five Lords , as well as of the Earl of Danby . Or any President that it is or hath been according to Parliamentary proceedings to have any such Vote or Request made by the Commons in Parliament . Who neither were or should be so omnipotent in the opinion of Hobart and Hutton and other the learned Judges of England , as to make a Punishment before a Law , or Laws with a Retrospect , which God himself did never allow , but should rather believe that Laws enacted contrary to the Laws of God and Morality , or that no Aids or Help are to be given to the King pro bono Publico , or that there should be no Customs or Prescription , or that the King should be governed by His People , would be so far from gaining an Obedience to such Laws or Acts of Parliament as to render them , to be ipso facto null and of none effect . When the King hath been as careful to distribute Justice as his Mercy , without violence to his Laws and well inform'd Conscience hath sometimes perswaded him to Pardon , to do Justice , or to cause it to be done in a legal and due manner , and is so appropriate to the Office and Power of a King , so annext , appendant and a part of it , as none but His Delegates are to intermeddle or put any limits thereunto , and if it should not be so solely inherent in Him would be either in abeyance or no where . For the House of Commons are not sworn to do Justice , and if they were , would in such a case be both Judges and Parties , and the Lords Spiritual and Temporal are not as to particular proceedings sworn but meerly consultive ; So as Justice can vest in none but the King , who is by his Coronation-Oath only sworn to do it , if His Right of Inheritance and greater Concernments than any of his Subjects , did not abundantly ingage and prompt Him thereunto ; and is therefore so every way , and at all times obliged to do Justice and Protect the Lives , Estates , Peace and Liberty of His Subjects , as he is with all convenient speed and hast to Try or bring to Judgment , a Subject accused of Treason by the Houses of Lords and Commons , both or either of them in His Court of Kings-Bench before the Justices thereof , or by special Commission by a Lord High Steward in or without the time of Parliament . And the King may acquit ( which amounteth to a Remission or Pardon ) by a more Supream Authority than any of His Judges ( some particular Cases wherein Appeals are , or may be brought , only excepted ) do ordinarily by an authority derived from no other , not to be debarred by probabilities , or possibilities , or by consequences , not always to be foreseen or avoided . For a Man pardoned for Man-slaughter , may be so unhappy as in the like manner afterwards to be the death of five or ten more ; 20000 Rebells pardoned at a time as in the Insurrections of Wat Tyler , Jack Cade , &c. may be guilty of the like Offence , twenty or forty years after : The Lord Mayor of London that hath an allowance of Tolls and Profits to take a care of the City and wholsomness of Food , might be , as they are , too much careless , and undo them in their Health and well being . The Judges may as those in the Raign of King Edward the First , and Thorp in the Raign of King Edward the Third , be guilty of Mildemeanours , yet that is not to bereave us of that good which better Men may do us in their administration of Justice , our Kings have granted Priviledges to certain Cities and Towns not to pay Subsidies , and granted Pardons as their Mercies and right reason inclined them , in the course of their several Raigns for many Ages last past , yet have not acquitted or left unpunished all the Offenders ever since , there being a greater likelyhood that they would not be so easie in pardoning , where they were to gain so much by Attainders , Fines and Forfeitures And therefore panick and vain Fears , such as in constantem virum cadere non possunt , should not be permitted to affright our better to be imployed Imaginations , unless we had a mind to be as wise as a small and pleasant Courtier of King Henry the Eighths , who would never endure to pass in a Boat under London-Bridge lest it should fall upon his Head , because it might once happen to do so . Our Magna Charta's and all our Laws which ordain no man to be condemned or punished without Tryal by his Peers , do allow it where it is by Confession , Outlawry , &c and no Verdict . Did never think it fit that Publick Dangers , such as Treason should tarry , where Justice may as well be done otherwise without any precise Formalities to be used therein . For although it may be best done by the advice of the Kings greatest Council the Parliament , there is no Law or reasonable Custom of England either by Act of Parliament , or without , that restrains the King to do it only in the time of Parliament . When the Returns , Law-Days and Terms appointed and fixt , have ever given place to our Kings Commissions of Oyer and Terminer , Inquiries , &c. upon special and emergent occasions . And notwithstanding it will be always adviseable that Kings should be assisted by their greatest Council , when it may be had , yet there is no Law or Act of Parliament extant , or any right reason or consideration to bind Him from making use of His ordinary Council in a Case of great and importunate necessity . For Cases of Treason , Felony and Trespass , being excepted out of Parliament , first and last granted and indulged Priviledges by our and their Kings and Princes , there can be no solid Reason or cogent Argument to perswade any man that the King cannot for the preservation of Himself and His People , in the absence or interval of Parliaments , punish and try Offenders in Cases of Treason , without which there can be no Justice , Protection or Government , if the Power of the King and Supream Magistrate shall be tyed up by such , or the like as may happen , Obstructions . So that until the Honourable House of Commons can produce some or any Law , Agreement , Pact , Concession , Liberty or Priviledge to Sit and Counsel the King , whether he will or no , as long as any of their Petitions remain unanswered ( which they never yet could or can ) ( those grand Impostors and Figments of the Modus tenendi Parliamenta , and the supposed Mirror of Justice , being as they ought to be rejected ) when the Parliament Records will witness that many Petitions have , for want of time ( most of the ancient Parliaments not expending much of it ) been adjourned to be determined in other Courts , as in the Case of Staunton in 14 E. 3. and days have been limited to the Commons for the exhibiting of their Petitions ; the Petitions of the Corbets depended all the Raigns of King Edward the First and Second , until the eleventh year of Edward the Third , which was about sixty six years , and divers Petitions not dispatched , have in the Raign of King Richard the Second , been by the King referred to the Chancellor and sometimes with a direction to call to his assistance the Justices and the Kings Serjeants at Law , and the Commons themselves have at other times prayed to have their Petitions determined by the Councel of the King , or by the Lord Chancellor . And there will be reason to believe that in Cases of urgent necessity for publick safety , the King is and ought to be at liberty to try and punish great and dangerous Offenders without His Great Council of Parliament . The Petitions in Parliament touching the pardoning of Richard Lyons , John Peachie , Alice Peirce , &c and a long process of William Montacute Earl of Salisbury were renewed and repeated again in the Parliament of the first of Richard the Second , because the Parliament was ended before they could be answered Anno 1. of King Richard the Second , John Lord of Gomenez formerly committed to the Tower for delivering up of the Town of Ardes in that Kings time , of which he took upon him the safe keeping in the time of King Edward the Third , and his excuse being disproved , the Lords gave Judgment that he should dye , but in regard he was a Gentleman and a Baronet , and had otherwise well served , should be beheaded , but Judgment was howsoever respited until the King should be thereof fully informed , and was thereupon returned again to the Tower. King Henry the Second , did not tarry for the assembling a Parliament to try Henry de Essex , his Standard-bearer , whom he disherited for throwing it down and aftrighting his Host or disheartning it . 16 E. 2 Henry de bello monte a Baron refusing to come to Parliament upon Summons , was by the King , Lords and Council , and the Judges , and Barons of the Exchequer then assisting committed for his contempt to Prison . Anno 3 E. 3. the Bishop of Winchester was indicted in the Kings-Bench for departing from the Parliament at Salisbury . Neither did Henry the Eight forbear the beheading of His great Vicar General Cromwell , upon none or a very small evidenced Treason , until a Parliament should be Assembled . The Duke of Somerset was Indicted of Treason and Felony , the scond of December , Anno 3. & 4. Edwardi 6. sitting the Parliament , which began the fourth day of November , in the third year of His Raign , and ended the first day of February in the fourth , was acquitted by his Peers for Treason , but found guilty of Felony , for which neglecting to demand his Clergy he was put to Death . In the Raign of King Philip and Queen Mary , thirty nine of the House of Commons in Parliament ( whereof the famous Lawyer Edmond Plowden was one● ) were Indicted in the Court of Kings-Bench , for being absent without License from the Parliament . Queen Elizabeth Charged and Tryed for Treason , and Executed Mary Queen of Scots her Feudatory , without the Advice of Parliament , and did the like with Robert Earl of Essex her special Favourite , for in such Cases of publick and general Dangers , the shortest delays have not seldom proved to be fatally mischievous . And howsoever it was in the Case of Stratford , Archbishop of Canterbury in the fifteenth year of the Raign of King Edward the Third , declared that the Peers de la terre ne doivent estre arestez ne mesnez en Jugement , Si non en Parlement & par leur Pairres , yet when there is no Parliament , though by the Law their Persons may not then also be Arrested at a common persons Suit , they may by other ways be brought to Judgment in any other Court. And Charges put in by the Commons in the House of Peers , against any of the Peers have been dissolved with it . For Sir Edward Coke hath declared it to be according to the Law and reasonable Customs of England , followed by the modern practice , that the giving any Judgment in Parliament doth not make it a Session , and that such Bills as passed in either or both Houses , and had no Royal Assent unto them , must at the next Assembly begin again ; for every Session of Parliament is in Law ( where any Bill hath gained the Royal Assent , or any Record upon a Writ of Error brought in the House of Peers hath been certified ) is and hath been accompted to have been a Session . And although some of this latter quarrelling Age have Espoused an Opinion , too much insisted upon , that an Impeachment brought by the House of Commons against any one makes the supposed Offence , until it be Tryed , unpardonable . A Reason whereof is undertaken to be given , because that in all Ages it hath been an undoubted Right of the Commons to Impeach before the Lords any Subject for Treason or any Crime whatsoever . And the Reason of that Reason is ( supposed to be ) because great Offences complained of in Parliament , are most effectually determined in Parliament . Wherein they that are of that Opinion may be intreated to take into their more serious Consideration , That there neither is , nor ever was , any House or Members of Commons in Parliament , before the Imprisonment of King H. 3. by a Rebellous part of his Subjects , in the Forty ninth year of his Raign , or any kind of fair or just evidence for it . Factious designing and fond conjectures being not amongst good Pa 〈…〉 ots or the Sons of Wisdom ever accompted to be a sufficient , or any evidence . Nor was the House of Lords from its first and more ancient original , intituled under their King to a Judicative Power to their Kings , in common or ordinary Affairs , but in arduis , and not in all things of that nature , but in quibusdam , as the King should propose and desire their advice , concerning the Kingdom and Church in matters of Treason or publick concernments , and did understand themselves , and that high and honourable Court , to be so much forbid by Law , ancient usage and custom to intermeddle with petty or small Crimes or Matters , as our Kings have ever since the sixth year of the Raign of King Edward the first , ordained some part of the Honourable House of Peers , to be Receivers and Tryers of Petitions of the Members of the House of Commons themselves and others , directed to the King to admit what they found could have no Remedy in the ordinary Courts of Justice , and reject such as were , properly elsewhere to be determined , with an Indorsement of non est Petitio Parliamenti . Which may well be believed to have taken much of its reason and ground from a Law made by King Canutus who began his Raign about the year of our Lord , 1016. Nemo de injuriis alterius Regi queratur nisi quidem in Centuria Justitiam consequi & impetrare non poterit . For certainly , if it should be otherwise , the reason and foundation of that highest Court would not be as it hath been hitherto , always understood to be with a Cognisance only de quibusdam arduis , matters of a very high nature concerning the King and the Church . But it must have silenced all other Courts and Jurisdictions , and have been a continual Parliament , a Goal-delivery or an intermedler in matters as low as Court Leets , or Baron and County Courts , and a Pye-Powder Court. And the words of any Crime whatsoever do not properly signifie great Offences , and that all great Offences do concern the Parliament , is without a Key to unlock the Secret not at all intelligible , when it was never instituted or made to be a Court for common or ordinary Criminals . For the House of Commons were never wont to take more upon them than to be Petitioners and Assenters unto such things as the King by the advice of His Lords Spiritual and Temporal should ordain , and obey , and endeavour to perform them . And an Impeachment of the House of Commons cannot be said to be in the Name or on the behalf of all the People of England , for that they never did or can represent the one half of them , and if they will be pleased to exaimine the Writs and Commissions granted by our Kings for their Election , and the purpose of the Peoples Election , of them to be their Representatives , Substitutes or Procurators , it will not extend to accuse Criminals , for that appertained to the King himself and His Laws , care of Justice and the Publick ; for the Common People had their Inferiour Courts and Grand Juries , Assises and Goal-Deliveries to dispatch such Affairs without immediately troubling Him or His Parliament , and the tenour and purpose of their Commissions and Elections to Parliament , is no more than ad faciendum & consentiendum iis , to obey and perform such things as the King , by the advice of His Lords Spiritual and Temporal , should in Parliament ordain . For although where the Wife or Children of a Man murdered shall bring an Appeal , the King is debarred from giving a Pardon , because by our Saxon Laws derived from the Laws of God , they are not to be disturbed in that satisfaction which they ought to have by the loss or death of the Man murdered . Yet the publick Justice will not be satisfied without the party offending be Arraigned and brought to Judgment for it , if the party that hath right to Appeal should surcease or be bought off , so as an Appeal may be brought after or before the King hath Indicted , and an auter foitz acquit in the one case will not prejudice in the other , and where the Matter of Fact comes to be afterwards fully proved , and the Appeal of a Wife or Child of a Bastard called filius populi , quia nullius filius , where only the King is Heir , cannot vacate or supersede an Indictment of the Kings . Neither is an Appeal upon a Crime or in criminal Matters in the first instance to be at all pursued in Parliament , by the Statute made in the First year of the Raign of King H. 4. the words whereof are , Item for many great inconveniences and mischiefs that often have happened by many Appeals made within the Realm of England ( to the great afflictions and calamites of the Nation , as it afterwards happened by the Lancastrian Plots and Desings in that mischievous Appeal in Anno 11. of King Richard the Second ) before this time ; It is ordained and stablished from henceforth , That all the Appeals to be made of things done out of the Realm , shall be tryed and determined before the Constable and Marshal of England for the time being ; And moreover it is accorded and assented , That no Appeals be from henceforth made , or in any wise pursued in Parliament in any time to come . And therefore that allegation that the House of Peers cannot reject the Impeachment of the Commons , because that Suit or Complaint of the Commons can be determined no where else , will want a better foundation ( an Impeachment of the House of Commons , in the Name of all the People being no other than an Appeal to the King in Parliament . ) And the Suit of such as might be Appellants in another place ( being there expresly prohibited ) cannot be supposed to be the concern or interest of all the People deserving or requiring satisfaction , or especially provided for by Law to have satisfaction , unless it could by any probability or soundness of Judgment be concluded that all the People of England besides Wives , Children or near Kindred and Relations ( the necessity of publick Justice and deterring Examples ) are or should be concerned in such a never to be fancied Appeal of the People . And it will be very hard to prove that one or a few are all the People of England , or if they could be so imagined , are to be more concerned than the King , who is sworn to do Justice , unless they would claim and prove a Soveraignty , and to be sworn to do Justice , which though they had once by a villanous Rebellion attacked , until Oliver Cromwel their Man of Sin , cheated them of it ; for God would never allow them any such power or priviledge , or any Title to the Jesuits Doctrine which some of our Protestant Dissenters , their modern Proselites , have learned of them , that the King , although he be singulis major , is minor universis . And it is no denial of Justice in the House of Peers to deny the receiving of an Impeachment from the House of Commons , when they cannot understand any just cause or reason to receive it , and the Records , Rolls , Petitions and Orders of Parliament will inform those that will be at the pains to be rightly and truly directed by them , that Petitions in Parliament have been adjourned modified or denied ; and that in the Common or Inferior Courts of Justice , Writs and Process may sometimes be denied , superseded or altered according to the Rules of Justice , or the circumstances thereof . And our Records can witness , that Plaintiffs have petitioned Courts of Justice recedere a brevi & impetrare aliud . And it cannot be said that the King doth denegare Justitiam , when he would bind them unto their ancient legal , well experimented forms of seeking it in the pursuing their Rights and Remedies , & hinders them in nothing but seeking to hurt others and destroy themselves . For Justice no otherwise denied should not be termed Arbitrary , until there can be some solid reason , proof or evidence for it , When it is rather to be believed , that if the Factious Vulgar Rabble might have their Wills , they would never be content or leave their fooling until they may obtain an unbounded liberty of tumbling and tossing the Government into as many several Forms and Methods , as there be days in the year , and no smaller variety of Religions . And by the Feudal Laws , which are the only Fundamental Laws of our Government and English Monarchy , those many parts of the Tenants that held of their Mesne Lords in Capite , could not with any safety to their Oaths and Estates Authorise any of their Elected Members of the House of Commons in Parliament , to accuse or charge any of the Baronage of England , in the House of Peers in Parliament , although every Tenant in his Oath of Vassalage to his Mesne Lord , doth except his Allegiance to the King , and would be guilty of Misprision of Treason , if he should conceal it by the space of twenty and four hours , and if any of the Elected would or should avoid such Misprision of Treason in the not performance of his Duty and Oath of Allegiance , it would require a particular Commission to his own Elected Members , and is not to have it done by way of a general Representation when there is not to be discerned in the Kings Writ , or in the Sureties , or Manucaptors matters , or things to be performed , or in the Indentures betwixt the Sheriff and the Electors , and Elected any word of Representation , or any thing more than ad faciendum & consentiendum iis , to assent and obey , do and perform such things as the King by the Advice of the Lords in Parliament shall ordain , and if they would make themselves to be such Representers , were to have a particular and express Commission , to charge or impeach any one of themselves or of the House of Peers with Treason , or any other high Misdemeanours . And they must be little conversant with our Records , that have not understood that the Commons have many times received just denials to their Petitions , and that some have not seldom wanted the foundations of Reason or Justice . That many of their Petitions have adopted the Concerns and Interests of others , that were either Strangers unto them , or were the Designs of some of the grand Nobility who thought them as necessary to their purposes as Wind , Tide , and Sails are to the speeding of a Ship into the Port or Landing-places of their Designs . For upon their exhibiting in a Parliament in the 28 year of the Raign of King Henry the Sixth , abundance of Articles of High Treason , and Misdemeanours , against William de la Poole , Duke of Suffolk one whereof was that he had sold the Realm of England to the French King , who was preparing to invade it . When they did require the King and House of Lords that the Duke ( whom not long before they had recommended to the King to be rewarded for special services ) might be committed Prisoner to the Tower of London , the Lords and Justices upon consultation , thought it not reasonable unless some special Matter was objected against him . Whereupon the said Duke not putting himself upon his Peerage , but with protestation of his innocency , only submitting himself to the Kings mercy , who acquitting him from the Treason and many of the Misdemeanours , and for some of them by the advice of the Lords , only banished him for five years . And that thereupon when the Viscount Beaumont in the behalf of the Lords Spiritual and Temporal required that it might be Inrolled that the Judgment was by the Kings own Rule , & not by their Assent , and that neither they nor their Heirs should by this Example be barred of their Peerage . No Protestation appears to have been made by any of the Lords Spiritual and Temporal for or on the behalf of the Commons . Or by the Commons for themselves . So as a different manner of doing Justice can neither truly or rationally be said to be an absolute denial of Justice , and was never believed to be so by the Predecessors of the House of Commons in Parliament in our former Kings Raigns , when some hundreds of their Petitions in Parliament have been answered . There is a Law already provided , or let the old Law stand , or the King will provide a covenable or fitting remedy . And is not likely if it were , as it is not to be , any Arbitrary Power , or any temptation or inducement thereunto , to produce any Rule or incouragement to the exercise of an Arbitrary Power in the Inferiour Courts , when there is none so weak in his Intellect , but may understand that different Courts have several Boundaries , Methods and Forms of Proceedings , and that the Kings extraordinary great Court and Councel in His House of Peers , although very just and unarbitrary in their procedures , is so always ready to succour the Complaints of People , as it never willingly makes it self to be the cause of it . And cannot misrepresent the House of Peers to the King and his People , in the Case of Mr. Fitz Harris , or any others , when that honourable Assembly takes so much care as it doth to repress Arbitrary Power , and doth all it can to protect the whole Nation from it , and many of the House of Commons Impeachments have been disallowed by the King and his House of Peers in Parliament without any ground or cause of fear of Arbitrary Power , which can no where be so mischievously placed , as in the giddy multitude whose Impeachments would be worse than the Ostracisme at Athens , and so often overturn and tire all the wise men and good men in the Nation , as there would be none but such as deserve not to be so stiled , to manage the Affairs of the Government , subordinate to their King and Soveraign . To all which may be added , if the former Presidents cited to assert the Kings Power of Pardoning as well after an Impeachment made by the Commons in Parliament , as before , and after an Impeachment made by the Commons , and received by the Lords in Parliament , or made both by the Lords and Commons in Parliament , be not not sufficient that of Hugh le Despenser , Son of Hugh le Despenser , the younger , a Lord of a great Estate , which is thus entred in the Parliament Roll of the fifth year of the Raign of King Edward the Third , ought surely to satisfie , that the Laws and reasonable Customs of England will warrant it . Anno 5 E. 3. Sir Eubule le Strange and eleven other Mainprisers , being to bring forth the Body of Hugh the Son of Hugh le Despenser the younger , saith the Record , A respondre au prochein Parlement & de ester au droit & affaire ce & de liu en conseil soit ordine & mesuerent le Corps le dit Hugh devant nostre Seigneur le Roi Countes Barons & autres Grantz en mesme le Parlement & monstrent les L'res Patents du Roi de Pardon al dit Hugh forisfacturam vite & membrorum sectam pacis homicidia roborias Felonias & omnes transgressiones , &c. Dated 20 Martii anno primo Regni sui Et priant a n're Seigneur le Roi quil le vousist delivrer de las Mainprise & faire audit Hugh sa grace & n're Seigneur le Roi eiant regard a ses dites L'res & voilant uttroier a la Priere le dit Mons'r Eble & autres Main pernors avant dit & auxint de les Prelatz qui prierent molt especialment pur lui si ad comande de sa grace sa delivrance . Et voet que ses Menpernors avant ditz & chescun d'eux soient dischargez de leur Mainprise & auxint & le dit Hugh soit quit & delivrers de Prisone & de garde yssint & si ho'me trove cause devors lui autre & nest uncore trove quil estoise au droit . And the English Translator , or Abridger of the Parliament Records , hath observed that the old usage was , that when any Person being in the Kings displeasure , was thereof acquitted by Tryal or Pardon , yet notwithstanding he was to put in twelve of his Peers to be his Sureties for his good Behaviour at the Kings pleasure . And may be accompanied by the Case of Richard Earl of Arundel in the 22 year of the Raign of King Richard the Second , being Appealed by the Lords Appellant , and they requiring the King , that such Persons Appealed , that were under Arrest , might come to their Tryal , it was commanded to Ralph , Lord Nevil , Constable of the Tower of London to bring forth the said Richard Earl of Arundel , then in his custody , whom the said Constable brought into the Parliament , at which time the Lords Appellants came also in their proper Persons . To the which Earl the Duke of Lancaster ( who was then hatching the Treason which afterwards in Storms of State and Blood came to effect against the King ) by the Kings Coommandment and Assent of the Lords declared the whole circumstances ; after the reading and declaring whereof the Earl of Arundel , who in Anno 11 of that Kings Raign had been one of the Appellants , together with Henry Earl of Derby Son of the said Duke of Lancaster , and afterwards the usurping King Henry the Fourth against Robert de Vere , Duke of Ireland and Earl of Oxford , and some other Ministers of State , under King Richard the Second , alledged that he had one Pardon granted in the Eleventh year of the Raign of King Richard the Second , and another Pardon granted but six years before that present time . And prays that they might be allowed . To which the Duke answered , that for as much as they were unlawfully made , the present Parliament had revoked them . And the said Earl therefore was willed to say further for himself at his peril ; whereupon Sir Walter Clopton , Chief Justice , by the Kings Commandment declared to the said Earl , that if he said no other thing , the Law would adjudge him guilty of all the Actions against him . The which Earl notwithstanding would say no other thing , but required allowance of his Pardons . And thereupon the Lords Appellant in their proper Persons , desired that Judgment might be given against the said Earl as Convict of the Treason aforesaid . Whereupon the Duke of Lancaster , by the Assent of the King , Bishops and Lords , adjudged the said Earl to be Convict of all the Articles aforesaid , and thereby a Traytor to the King and Realm , and that he should be hanged , drawn and quartered , and forfeit all his Lands in Fee or Fee-tail , as he had the nineteenth day of September , in the tenth year of the Kings Raign , together with all his Goods and Chattels . But for that the said Earl was come of noble Blood and House , the King pardoned the hanging , drawing and quartering , and granted that he should be beheaded ; which was done accordingly . But Anno 1 Hen. 4. the Commons do pray the reversal of that Judgment given against him , and restoration of Thomas the Son and Heir of the said Richard Earl of Arundel . Unto which the King answered , he hath shewed favour to Thomas now Earl , and to others , as doth appear . The Commons do notwithstanding pray , that the Records touching the Inheritance of the said Richard Earl of Arundel , late imbezelled , may be searched for and restored . Unto which was answered , the King willeth . And their noble Predecessors in that Honourable House of Peers , the Lords Spiritual and Temporal in Parliament long before that , videlicet , in the fifth year of the Raign of King Edward the Third , made no scruple or moat point or question in Law , whether the power of pardoning was valid and solely in the King after an Impeachment of the Lords in Parliament , when in the Case of Edmond Mortimer , the Son of Roger Mortimer Earl of March , a Peer of great Nobility and Estate , the Prelats , Counts , Barons , & autres gentz du Parlement , did in full Parliament , as the Record it self will evidence , Petition the King to restore the said Edmond Mortimer to his Blood and Estate , which were to remain unto him after the death of his said Father , to whom it was answered by the King in these words ; Et sur ce nostre Seigneur le Roi charge a les ditz Prelats , Countes & Barons en leur foies & ligeance queux ils lui devoient & de puis ce que le Piere nostre Seigneur le Roi que ore est estoit murdre per le dit Counte de la Marche & person procurement a ce quil avoit mesmes comdevant sa mort que eux eant regarda le Roi en tiel cas lui consilassent ce quil devoit faire de reson audit Esmon filz le dit Counte les queux Prelats , Countes , Barons & autres avys & trete entre eux respondirent a nostre Seigneur le Roi de Common assent que en regard a fi horrible fait comme de murdre de terre & leur Seigneur lige quen faist unques ne avoient devant en leur temps ne nes devant venir en le eyde de dieu quils ne scavoient uncore Juger ne conseiller ceque seroit affaire en tiel cas . Et sur ce prierent a nostre Seigneur le Roi quils poierent ent aver avisement tanque au proche in Parlement la quelle priere le Roi ottroia & sur ce prierent outre que nostre Siegneur le Roi feist au dit Esmon sa bone grace a quoi il respond quil lui voloit faire mes cella grace vendroit de lui mesmes . Sir Thomas de Berkeley ( who Sir William Dugdale in his Book of the Baronage of England , found and believes to have been a Baron ) being called to account by the King , for the murder of his Father King Edward the Second , to whose custody at his Castle of Barkeley , he was committed , not claiming his Peerage , but pleading that he was at the same time sick almost to death at Bradely , some miles distant , and had committed the custody and care of the King unto Thomas de Gourney & William de Ocle ad eum salvo custodiendi , and was not guilty of the murder of the King or any ways assenting thereunto Et de illo posuit se super Patriam , had a Jury of twelve Knights sworn and impannelled in Parliament who acquitted him thereof , but finding that he had committed the custody of the King to the aforesaid Thomas de Gournay & William de Ocle , and that the King extitit murderatus , a further day was given to the said Sir Thomas de Berkeley de audiendo Judicio suo in prox . Parliamento , and he was in the interim committed to the custody of Ralph de Nevil Steward of the Kings Houshold . At which next Parliament Prierent les Prelatz , Countes & Barons a nostre Seigneur le Roi on the behalf of the said Sir Thomas de Berkeley , that he would free him of his Baylor Mainprize , whereupon the King charging the said Prelats , Counts and Barons to give him their advice therein : Le quel priere fust ottroia & puis granta nostre Seigneur le Roi de rechef a leur requeste que le dit Mons'r Thomas & ses Mainpernors fusseient delivres & discharges de lure mainprise & si estoit Jour donne a dit Thomas de estre en prochein Parlement , which proved to be a clear Dismission , for no more afterwards appeareth of that matter . Neither after a fierce Impeachment in the said Parliament of 21 R. 2. against Thomas Arundel Archbishop of Canterbury and Chancellor of England , of High Treason , upon which he was by that injured Prince condemned and banished , when as the Record saith , Les dits Countz prierent au Roi ordenir tiel Jugement vers le dit Ercevesque come le cas demande & le Roi sur ceo Recorda en le dit Parlement que le dit Ercevesque avoit este devant lui en presence de certeines Seigneurs & confessor que en la use de la dite Commission il sey mesprise & lui mist en la grace du Roi surquoi , the Judgment was given against the said Archbishop , that he should be banished and forfeit all his Lands , Goods and Estate , when in the first year of the Raign of the usurping King H. 4. that Archbishop not tarrying long in Exile , the minds of the Commons became so setled on the prevailing side , that there was so small or no opposition made by them against him , as the Duke of York and Earl of Northumberland , and others of the Blood of the said Archbishop of Canterbury did in Parliament pray the King that the said Archbishop might have his recovery against Roger Walden , for sundry Wasts and Spoils done by him in the Lands of the said Archbishoprick , which the King granted , and thanked them for their motion . The Bishop of Exeter Chancellor of England at the assembling of the Parliament , taking his Text out of the Prophecy of Ezekiel , Rexerit unus omnibus , alledging the power that ought to be in Soveraign Kings and Princes whereby to govern , and the Obedience in Subjects to obey , and that all alienations of his Kingly Priviledges and Prerogatives were reassumable and to be Repealed by his Coronation-Oath , Pour quoi le Roi ad fut assembler le Estatz de Parlement a cest faire pour estre enformer si ascun droitz de sa Corone soient sustretz ou amemuser a sin que par leur bon advis & discretion tiel remedie puisse estre mis que le Roi puisse esteer en sa libertie ou poir Comme ses Progenitors ont este devant lui & duissent de droit non obstante ascun ordinance au contraire & ainsi le Roi as Tener , Et les governera , whereupon the Commons made their Protestation , and prayed the King that it might be Inrolled , that it was not their intente ou volunte to Impeach or Accuse any Person in that Parliament sans congie du Roi , And thereupon the Chancellor , by the Kings command , likewise declared , That Nostre Seigneur le Roi considerant coment plusieurs hautes offenses & mesfaits on t estre faitz par le People de son Roialme en contre leur ligeance & l' Estat nostre Seigneur le Roi & la loie de la terre devant ces heures dont son People estiet en grant perill & danger de leie & leur corps & biens & voullant sur ce de sa royalle benignite monstre & fair grace a son dit People a fyn quilz ayent le greindre corage & volonte de bien faire & de leure mieux porter devors le Roi entemps avenir si voet & grante de faire & ease & quiete & salvation de son dit People une generalle Pardon a ces liges forspries certaines pointz limitez par le samant la suite al partie forspris cyn quont persones queux plaira au Roi nomer & tour ceux qui serront Empeacher en ce present Parlement & dit austre que le dit Roi voet que plein droit & Justice soyent faitz a Chascun de ses liges qui en voilent complandre en cest Parlement & ad ordiner & assigner Receivers & Triers des Petitions en cest Parlement . And did in pusuance thereof in full Parliament excuse , the Duke of York the Bishop of Worchester , Sir Richard le Scroop then living , William late Archbishop of Canterbury , Alexander late Archbishop of York , Thomas late Bishop of Exeter , and Michael late Abbot of Walton then being dead , of the Execution and intent of the Commission made in the Tenth year of his Raign , as being assured of their Loyalty , and therefore by Parliament restored them to their good Name . And it is more than a little probable that the Prelates , Counts and Barons in that Honourable House of Peers in Parliament , did well understand that the King was a fit , and the only person to Petition unto for that Pardon , Discharge or Dismission amounting to a Pardon , and did not think it to be either legal or rational to Petition the People and their fellow Subjects , upon a supposed incredible and invisible Soveraignty , no man knows when or how radicated and inherent in them . The Decree of the great Ahashuerus that Raigned from India to Ethiopia over one hundred twenty seven Provinces , whose Laws were holden to be irrevocable , was reversed for the preservation of the Jewish Nation upon the Petition of Queen Esther , and his holding out his Golden Scepter unto her . The Inquiet People of Athens now come enough under a Mahometan Slavery , would not again wish for Draco's bloody repealed Laws , without the mercy of a Prince to moderate them according to the Rules of a prudent and discerning mercy . Which made the Goodness and Wisdom of Solomon , so extraordinarily eminent in his determination in the Case betwixt the two Mothers claiming one Child . Neither can a People ever be , or so much as think themselves to be in any condition of happiness when their Laws shall be inflexible and hard hearted , and there shall be no Superior Power to allay the rigidness or severity of them . No Cities of Refuge or Asylums to fly unto , upon occasion of Misfortunes , which God himself ordained for his Chosen People of Israel . And therefore when Juries may erre or play the Knaves , be Corrupt , Malicious or Perjured , and Judges mistaken , our Judges have in their doubtings stayed the Execution until they could attend the King for his determination . Whereupon his Pardons did not seldom ensue , or a long Lease for Life was granted to the penitent Offender , it being not amiss said by our old Bracton , That Tutius est reddere rationem misericordiae quam Judicii , the Saxons in doubtful Cases appealed to God for discovery , by Kemp or Camp , Fight , Fire or Water Ordeal , which being now abolished and out of use , requires a greater necessity of the right use of pardoning ; for Sir Edward Coke saith , Lex Angliae est Lex misericordiae , like the Laws of Scripture wherein Mercy is not , opposite unto Justice but a part of it , as 1 John 19. Psalm 71. 2. Jer. 18. 7 , 8 , 9 , 10. Ezek. 33. 13 , 14. and it hath not been ill said that Justitia semper mitiorem sequitur partem , for it is known that a Judge since his Majesties happy Restoration , who , were he now living , would wish he had made a greater pause than he did in a Case near Brodway-Hills , in the County of Worcester or Glocester , where a Mother and a Son were , upon a seeming full evidence , Hanged for the Murther of a Father , who afterwards when it was too late , appeared to be living . And Posterity by the remembrance of Matters and Transactions in Times past , may bewail the Fate of some Ministers of State , who have been ruined by being exposed to the Fury of the People , ( who did not know how or for what they did accuse them ) and left to the never to be found Piety or Wisdom of a Giddy , Incensed and Inconsiderate accusing Multitude , and Hurrying on the reasonless or little Wit of one another . And consider how necessary it had been for the pious good Duke of Somerset , in the Raign of King Edward the Sixth to have had his Pardon , when at his Tryal neither his Judges , nor the prevalency of the faction that would have rather his Room than his Company , nor himself could remember to put him in mind to demand the benefit of his Clergy . Or how far it would have gone towards the prevention of that ever to be wailed National Blood-shedding miseries and devastations , which followed the Murthers of the Earl of Strafford , and Archbishop Land , if their Inno cencies had but demanded and made use of his late Majesties Pardon . Or what reason can be found why a Pardon after an Impeachment of a particular Person by an House of Commons in Parliament , or an House of Peers joyning or consenting therewith , should not be as valid and effectual in Law , Reason and good Conscience . As the very many General Pardons and Acts of Oblivion , which have been granted by our Kings and Princes to their People for Extortions of Sheriffs , Bayliffs , &c. together with many other Misdemeanours , Grievances and Offences , often complained of in many of our Parliaments , as the Records thereof will witness , whereby they have acquitted and given away as much of their own just Rights and Regal Revenues to their Subjects , then the Aids and Subsidies , which they have Contributed towards their Preservation , and in theirs their own , and have been more especially by our late Soveraign , who may be truly stiled le deboniere and to have been Piger ad paenas ad praemia velox . And whilst we sit by the Waters of Babylon , and sadly bewail the loss and casting away of our Tenures in Capite the Chariots and Horsmen , and the glory and strength of our Israel , for a miscalled Recompence by an Excise before our Presbyterian , and Common Ill rather than Commonwealth Rebels had to maintain their wicked designs , introduced that Dutch Devil called the Excise upon our half boiled , and half malted Ale and Beer , making our drink to be as the Waters of Marah , and in the opinion of our Doctors of Physick , an Especial Friend to our now much complained of seldom heard of before that wicked Rebellion , the Scurvy and one of the most grievous and general Burdens , that could be laid upon the Common sort of labouring poor people , and those Tenures in Capite were so Essential and high a part of our Monarchick Government , as all the Judges of England did in the Raign of King James the First agree and certify that they were so inseparable from the Crown of England , as they could not be altered or taken from it by an Act of Parliament , and that learned and pacifique Prince having been much tempted thereunto in his great want of Money , by an offer of 200000 l. per annum , which was more than the whole profits of the Excise upon Ale , Beer , Cider , Coffee , &c. All the Salaries , Cheats , Charges and Allowances , Filchings , Lurches and False Accompis deducted , could or did amount unto , that kind of Revenue being since his late Majesties death to be no more than a moyety thereof ; And these Tenures in Capite were so inherent in the Crown of England , as divers of the learned Judges of England in their Arguments in the Exchequer-Chamber in the Raign of King Charles the Martyr made no Scruple to assert that the Tenures in Capite were of so high a nature , that they could not be taken away by any Act of Parliament . And to take away from our Kings and Princes , the love and honour of the people , as well as they had done the Tenures in Capite , the Nerves and Sinews of our Monarchick Government , it was the especial work and design of those Enemies of our former happiness to take away also the Honour of his Crown and Hospitality , and could not think they had done all their work until they had thrown the Pourveyance into the bargain of the Tenures in Capite , which nothing but the value of the Kingdom it self could make an Equivalent recompence or purchase , and the unhappy contrivers thereof might have put a better value upon it , when in Michaelmas Term in the third year of the Raign of King James the first , all the Judges of England did certify that it was a Praerogative of the King at the Common Law , and that all the Statutes which have been made to correct abuses in the Purveyances took not away the Purveyances , but confirmed them . Et qui tollit Iniquitatem firmat proprietatem & confirmat usum . And all those mischiefs done by one that unhappily might have taken more heed of an Assembly , which some flatteringly called the Collected Wisdom of the Nation , when he could not well esteem them so to be , when by Fudling , Drinking , Bribing , and all the base Cheats imaginable they had procured themselves to be made Members of that much miscalled Parliament . And yet after his late Majesties miraculous restoration being advanced unto great preferments , and at the last a Grand Minister of State , did so think well of his own doings , as he publickly at the Table of Sir Harbottle Grimston Master of the Rolls in Chancery-Lane in the hearing of many worthy persons , Sir Nicholas Strode , John Hern Esquire , and others , one of them yet living ready to testify it , what a most especial Service he had done for the King and Kingdom when he was a Member in Parliament , and known to be the Kings Sollicitor General by a motion without any the Kings privity or direction to dissolve and destroy the Tenures in Capite , and accept a Recompence for them , which Serjeant Glyn a former Grand Rebel to his Majesty , and after his Restauration crept in as the most of them did , and got to be Members of Parliament , was ready to assist by the offer of a Recompence by an Excise upon Ale , Beer , Sider , and Coffee , a Limb of that Dutch Devil which they had made use of in their Rebellion and time of his late Majesties , and now Majesties persecution . At which the Company standing amazed , and Sir Nicholas Strode said , that he should never have fought for the late blessed Martyr , or come to his setting up his Standard at Nottingham if he could have foreseen it , the most of the Nation at that time , and almost ever since , verily believing that it had been the folly and evil doing of Sir Edward Hyde the late Lord Chancellor , afterwards Earl of Clarendon , and therefore was sufficiently railed upon , Cursed and Banned for it , and yet he was so Faultless and Innocent therein , as it can be witnessed by the now Earl of Clarendon his Son Lord Lieutenant of Ireland and Lord privy Seal in the Kingdom of England , that this overbold & presumptuous motion of a Servant and Councel at Law of that unfortunate weather-beaten Prince , not being at all informed how or by whom the project came to be first hatched or moved , his late Majesty calling together his privy Councel , and advising upon that most unhappy proposition , wherein the Rebel Parliament in February 1647. had made some Vote , Act or Ordinance against the aforesaid Tenures under the notion of the Court of Wards , being but two years before his Royal Fathers Murther , and Oliver Cromwel had made some Act of his Worships miscalled Parliament some few years after , as it behoved for the destruction of those Tenures in Capite , when he intended as much as he could to take away the Kingship and Monarchy , until he could make himself fit to govern a foolish , besotted , rebellious people , they having before not at all made any mention or request to have the said Court of Wards put down , or the Tenures in Capite by their High and mighty 19 Propositions , nor were any complaints of grievances made thereby , nor in all our Parliament Records or Journals or Historians since or before the Raigns of King Edward the Confessor , and William the Conqueror , doth there appear to have been any Petitions in Parliament against them , neither in that as it were intended deposing Remonstrance of the 15th of December 1641. wherein nothing was omitted that might injure or calumniate per fas aut nefas the Kings Authority or Government , there appears to have been nothing against either the Tenures in Capite or Court of Wards . And it can be proved that the Royal Martyr during his imprisonment in the Isle of Wight , had designed that if ever he came again to his Rights , he would upon all his Crown or Chequer Leases reserve some military Services , notwithstanding all which his late Majesties great want of present Money , and some setled Revenue , perswaded him to hearken more than otherwise his own great Judgment would have done . The Earl of Radnor was much against their dissolution , alledging that the constitution it self was good , and was not in it self to be cast away by any Male-administration : Sir Geffery Palmer was very much for the preservation of the Tenures , and so were many other , and the Lord Chancellor Clarendon very much , and so greatly , as he called to the said Sollicitor General , and said , will you also put down the Pourveyances ? saying with some passion , by God we seem to be against the late Commonwealth , and yet are acting for it . And his late Majesty was so unwillingly drawn to be in Love with that ever to be deplored Parliament contrivance to decapitate the Monarchy , and not only that , but Ireland , and render all the Inferiour part thereof , to be in a paralitique or dead palsical over-benummed in its Members , as before that Act passed , he sent for one Mr. Darnel , an ancient and experienced Clerk and Attorney in the Court of Wards and Liveries , to propose some expedient for the Regulation of any thing that had been Acted amiss in that Court , who bringing it unto him in writing , he so much approved thereof , as he took him by the hand , and gave him great thanks , but the fatality of that lamentable attempted alteration of our ancient Monarchy , into an Anarchy or Poliarchy , with , by their good will , a nudum nomen of a metamorphosed Monarchy , and that unhappy as aforesaid proposer of it , cannot if he were now amongst the living but remember that after I had Written a Book to Justify the Tenures in Capite entituled Tenenda non Tollenda , dedicated to the Lord Chancellor , but delivered it unto him before the Act had passed against them , and not at all imagining that Mr. Solicitor ▪ General had been so over-active in destroying them , desired him that he would be a means to procure the military Services to be reserved , was answered , it could not be done , and yet notwithstanding about a year or two after attending him about some other affairs , he was pleased to say unto me , Mr. Philipps , do you ever think to write in the Tenures in Capite again ? unto which I answering , no Sir , but I think the Child that is yet unborn may rue it , unto which he replyed , so do I also think , or I am of that opinion , which shews , that though he did it without the Kings knowledge , and as a special Service to be done unto him , did him that great mischief he never intended , and was sorry for it afterwards . But when it was the wisdom of former ages to know what to contend for before they quarrelled , therefore it may be necessary to let the Cavalling party understand that there are multitudes of Priviledges which are not Priviledges of Parliament , but truly and properly are the Priviledges and Properties in their own Estates , and they may be kinder to themselves if they will but take a view of such Priviledges and Properties , as they can call their own . § 28. Of the Protection and Priviledge granted unto the Members of the House of Commons in Parliament by our Soveraign Kings and Princes , during their Attendance and Employments in their great Councels of Parliament according to the Tenor and Purport of their Commissions . COuld be granted by none but by our Kings the Original either by grant or permission of all Priviledges and Liberties enjoyed by their Subjects under or in order to their Monarchick Regal Government , a view or Prospect whereof well warranted by our Laws Records , and Annals , and from time to time contemporary Historians , and experimented rules of right reason may serve to settle and rectifie the ill founded and superstructed fancies and opinions rather than Judgments , built thereupon , which like some ignis fatuus , have led many otherwise well meaning people , that heartily hated Rebellion , and Perjuries , into the Bogs , and Snares of those very great and pernicious sins against God , and his Vicegerents their Neighbours and fellow Subjects when their so ever much mistaken priviledges of Parliament will appear to be no more but temporary , and of no long duration but from one usually short Parliament to another when they were petitioned for before they were granted . The Finis , end or motives whereof was primarily and principally the Kings important occasions of summoning a Parliament , and causing them to come thither , and he only was the Efficient cause , or causa sine qua non , thereof to protect and keep them from disturbances , whilst they were busy and employed in his service , either in their coming , tarrying or returning . And therefore the Members of the House of Commons , were so sensible and willing to have those priviledges to be granted unto them , as might be necessary for the affairs wherewith he had intrusted them , as they not dceming any other to be requisite or belonging unto them . And not thinking any more or other Priviledges to be requisite for the publick good , were by the Kings License for better Orderand methods sake , to Elect one of their Members to be their Speaker , and present him unto the King , who very seldom refused him , notwithstanding his usual disabling himself by modest excuses after whose allowance he did in the presence of many of his fellow Members make it his and the House of Commons special request at that time before , and ever since believed to be pertinent and necessary the priviledge of freedom of Access to his Majestys person , and freedom from Arrest and Imprisonment for themselves ; and their moenial Servants whilst they according to their duties attended his commands in veniendo , morando , & redeundo , and a third for himself since the miscarriage of an over-busy Speaker in the Raign of King Henry the fourth to be pardoned for his ignorance in case he should speak any thing ignorantly to the displeasure of his Majesty , which ought to be kept within their proper limits and bounds , and not let loose to all or any the Extravagant interpretations of the Roving fancies , either of the Vulgar or Factious , neither making additions thereunto , or Supernumeraries , or as many as they please , by a new Art of mutiplication , Alchymy , or Transmutation , or as if they had purchased th● often beggaring and deluding so called Philosophers Stone properly enough so stiled from making their Sectaries to be as poor as Philosophers use to be ) by transmating all that it toucheth into it self , or something like it , and rendring the aforesaid two or three priviledges to be 100 , or 1000 , 10000 , or 20000 : cum multis aliis , there having been an abundance of various sort of priviledges ( not Priviledges of Parliament ) as well Civil as Ecclesiastick even to an Excess granted by the Indulgence of our Kings and Princes in the great and various concerns of their particular Affairs and Estates as far as the extent of their fancies could carry them , and therein grew to be something confident , if they could procure some success to Warrant it , they might in good time by the help of their never-tyring Cavilling Tricks and Endeavours , accomplish as much as ever the Colledge de beaux Esprits at Paris , or the Experiment-mongers of our Gresham Colledge did hope to do by the transmutation of young Blood into Old Bloodless Carcasses which might have done no small mischief to our circulating Doctors of Physick . And therefore certainly it would be more available , before we hunt our selves out of our Loyalty , Christianity , Religion , Wits and Estates , to enquire into the natural and true meaning of the word Priviledge of Parliament , and Proprieties , and how far it can carry us into those very different Proprieties , and that which we may truly and not fictitiously call our own . Wherein the Civil Law that universal Method of the reason of the World in the diffinition and true meaning and intent of priviledges concludeth , that privilegium neque stricte neque nimis large interpretari debet ne gravem aliis Jacturam adfert , Quando igitur sine quavis gravamine alterius non possunt concedi Privilegia proximum est ut cessant cum nimium laedant . Et Privilegium est quod contra Communem Civilium ordinatio tenorem propter aliquam naturalis aequitatis rationem certa constituentium authoritate introductum est unde apparet , saith Cicero , quod Privilegium contra Jus naturae vel utilitatem publicam non magis sunt Privilegia quam Tirannis . Privilegia ultra suam propriam naturam non extendi debet , nec ad ea quae neutiquam prima sua origine sunt directa aliquin etiam ad incognita contra intentionem dantis extendi possent quod in Jure absurdum est . Expressa Privilegia a re ex Jure proprio Majestatis & superioritatis proprie privilegiorum concessio non tantum arguit superioritatem dantis , & inducit subjectionis speciem in persona impetrantis & quidem . Ita ut privilegium non subdito concessum Regulariter in contractum transeat , sed & soli Principi summo & qui regalem dignitatem & potestatem exercendi Jura principis quoad Subditos suos in suo territorio concessit , competit per L. Vinc. ( de his qui a Princip . Vac . accep . lib. 10. ) Privilegia Jus superioritatis stricte & quidem Ita interpretari convenit ut semper intelligantur salvo Jure superioritatis concessa Privilegii , enim Interpretatio non debet verti contra Autorem ; Ita quod per privilegia subditi desinant esse subditi , sed quod tanto magis esse debent subditi cum Privilegia proprie non nisi subditis dantur , & quis dubitat eum qui Privilegium libertatis accipit leges alterius agnoscere cum privilegium non sit nisi exemptis a Jure Communi L qui singulare F. de L. And very often confirmed Priviledges that have been incroached or usurped may justly come within the compass of that Rule also of the Civil Law much allowed and made use of in our Common Law. Quod ab initio non valet tractu temporis non convalescit . Confirmatio ex certa Scientia quamvis det robur , non tamen extenditur ad id quod in eo non includebatur secundum Bald. sing . in l. 3. in fin C. Interpretatio privilegiorum , ita siat necesse est nec torqueatur , sed facto deserviat neque factum variare oportet ut Privilegio respondeat . Privilegium debet esse observatum et clarum , Michael Ant. Frances , de veritigati aequivocum nihil operatur p. 564. in privilegiis mens concedentis attenditur cap. 51. n. 223. privilegium transit in contractum ex causa onerosa , fieri dicitur nec revocatur cap. 30. et 294 et 304. p. 570. ex privilegiatis duobus quis sit praeferendis cap 10. p. 193. magis privilegiatus praecellere debet ratione dignitatis , privilegium non extendit se ad ea quae de facili concedi non solent ; qualis est derogatio concilii , cap. 28. n. 327. non datur res quae not sit cap. 28. & 414. & 415. p. 514. concessum ex causa ea cessante revocatur etiam si concedens ex alia causa ea concessisset , cap. 28. n. 497. p. 510. Revocatur nova causa superveniente , cap. 28. n. 428. p. 522. Non datur nisi aliquid particular . concedat , cap. 13. n. 26. p. 556. Privilegium & Exemptio laedunt Jus Commune cap. 30. n. 17 , p. 554. Privilegium ratione scandali revocatur , cap. 30. n. 299. p. 570. And there were Priviledges that were more stable , yet no Parliament Priviledges , such as St Pauls was of being a Freeman and Citizen of Rome , bought , as he said , with a great price , and some Coloniae & Mancipiae had the same Laws and Priviledges , which Rome had , the four great High Ways made by the Romans in Brittain , to keep their Souldiers from Idleness , as Watlinstreet , &c. had great Immunities and Priviledges , as to have the persons and goods of such as travailed or dwelt therein freed from Arrest or Distress . Et privilegia quae utilitati publicae sunt dannosa strictam interpretationem requirunt quia generaliter quicquid contra jus vel utilitatem publicam in quolibet negotio prefertur non valet l Jubeamus 10. C. des s. Ecclesiae 4. The Decree of the great King Ahashuerus that raigned from India to Ethiopia over 127 Provinces , his Laws being holden to be irrevocable , were as unto some part of them reversed for the preservation of the Jewish Nation upon the petition of Queen Esther , and his holding out his golden Scepter to her . And the House of Commons themselves did in a Parliament in the 21 year of the raign of King Richard the Second certainly so understand and believe it , when they recommended to posterity their dutiful protestation to their King and Soveraign , and request to have it specially Inrolled in these words , Item les ditz Comes fierent protestation devant le Roi en plein Parlement & ils vurroient monstrer & declarer mesme le Jour en plein Parlement certeine matieres & Articles deus queux ils fierent alors aviser & entre eux accorder nient majus il fust & est leur entent & volunte percongie de nostre Seigneur le Roy de accuser & empesther persone ou persones a tantes de foiz come leur sembleroit affaire durant le temps de cest present Parlement & prierent au Roy & lui pleiroit accepter leur dite protestation & quil soit entrer en rolle de Parlement de record la quele chose nostre Seigneur le Roi leur ad ottroie & commanda a destre fait , and did think it not to be unbecoming their duty to require license of the King to charge or accuse any person or persons in that tempestuous Parliament nor did beleive that their accusations or impeachments should or ought to be so fatally mortal when in the first year of the Raign of King Henry the 4th , by a patched contrivance of the Parliament in the Raign of King H. 4. the same Commons in Parliament desired that the Judgment given against the said Earl of Arundel , whose Pardon but a little before had been rejected , might be reversed , and a restoration made of all his Lands , Estate and Evidences . And those their Priviledges being but personal and temporary , and after they were allowed by our Kings a Speaker , which was about the Raign of King R. 2. the House of Commons well knowing who was the only donor of them , never fail'd , at the Change & Allowance of every of their Speakers to give him in charge to Petition in their behalf unto the King for the same , no other Priviledges , being necessary for the aforesaid Imployment . Upon the violation of any whereof by any of their fellow Subjects they did so well understand the extent of those their Temporary Peculiar and Limited Priviledges with the obligations of their Oaths of Allegiance and Supremacy , and that it neither appertained unto them , nor was or could be in their power to cause or enforce a better observation thereof , but it was only in the King that granted them , and was to be vouched to warranty , which was in common and ordinary matters very usual in our Laws and reasonable Customs , and therefore to him only as the Grantor and Protector of their Parliament Priviledges and not to themselves the gratitude and acknowledment was only due . And the House of Commons until this our present unruly Age or Century did not adventure to take upon themselves , or endeavour by any pretended Authority of their own to punish any the violators of their aforesaid Priviledges , but supplicated Aid of their Kings and Princes that were the donors and granters of them . And therefore in the Raign of King Henry the fourth , it was adjudged , that as the Record witnesseth , Videtur Cur. quod non . For in Anno 8 H. 6. William Lark a Servant of William Wild , Burgess of Parliament being arrested upon an Execution during the Parliament , the Commons petitioned the King to give order for his discharge , and that no Lords , Knights , Citizens or Burgesses , nor their Servants coming to the Parliament , may be Arrested during the Parliament , unless it be for Treason , Felony or Breach of the Peace . The King granted the first part of the Petition , Et quant al residue le Rei sa avisera . The Commons prayed , that Edmond Duke of Somerset , Alice Poole , the late Wife of William Poole , Duke of Suffolk , William Bishop of Chester , Sir John Sutton , Lord Dudley , the Lord Hastings , James de la Barre , one of the Kings Secretaries , and 20 , or 22 Knights and Esquires , particularly named , amongst which was Thomas Kemp Clerk of the House of Commons ( which the Commons themselves and their own Clerk had not them found to be either a Liberty or Priviledge of their own to punish ) might be banished from the King during their Lives , and not to come within twelve Miles of the Court , for that the People do speak evil of them . To which the King answered , He is of his own meer motion contented that all shall depart , unless only the Lords , and a few of them whom he may not spare from his presence , and they shall continue for one year to see if any can duly impeach them . In Anno 31 H. 6. The Commons made a Request to the King and Lords , that Thomas Thorp their Speaker and Walter Roil a member of their house who were in Prison , might be set at liberty according to their Priviledges . The next day after the Duke of York ( who was then a Rival for a long time , but after a publick Competitor for the Crown and President of the Parliament ) came before the Lords ( not the Commons ) and shewed that in the vacation ( of the Parliament ) he had recovered damage against the said Thomas Thorp in an action of trespass by Verdict in the Exchequer for carrying away the goods of the said Duke out of Durham House , for the which he remained in Execution , and prayed that he might continue therein . Wherein the Councel of the Judges being demanded , they made Answer , it was not their part to Judge of the Parliament which was Judge of the Law ( wherein surely they might rather have said what they should have most certainly have believed then as Sir Edward Coke did long after that the King was principium , caput & finis Parliamenti ) and only said that a general Supersedeas of Parliament there was but a special supersedeas in which case of special supersedeas every Member of the Commons House ought to enjoy the same unless in cases of Treason , Felony , Surety , of the Peace , or for a condemnation before the Parliament . After which the Lords determined that the said Thomas Thorp should remain in execution , and sent certain of themselves to the Commons ( who then had so little power to free themselves from Arrests and imprisonment , as they could not deliver their own Speaker out of Prison , but were glad to follow the direction of the King and Lords to chuse and present unto the King another Speaker ) the which they did , and shortly after certain of the Commons were sent to the Lords to declare that they had in the place of the said Thomas Thorp chosen for their Speaker Thomas Charleton Esquire . Walter Clark a Burgess of Chippenham in the County of Wilts being committed to the Prison of the Fleet for divers condemnations as well to the King as to others , was discharged and set at Liberty at the Petition of the Commons to the King and Lords without Bail or Mainprise . At the Petition of the Commons William Hill , a Burgess of Chippenham aforesaid being in Execution in the Kings-Bench was delivered by a Writ of the Chancery saving the Plaintiffs right to have Execution after the Parliament ended . It was enacted by the universal Vote and Judgment as well of the Commons as the Lords , that John Atwil a Burgess for Exeter being condemned during the Parliament in the Exchequer upon 8 several informations at the suit of John Taylor of the same City , shall have as many Supersedeas as he will until his returning home . King Henry 8. in the case of Trewyniard a Burgess of Parliament imprisoned upon an Outlawry after Judgment caused him to be delivered by a Writ of Priviledge upon an Action brought against the Executors and a demurrer it was resolved by the Judges to be Legal . George Ferrers Gent. servant of the King , and a Burgesse of Parliament , being arrested in London , as he was going to the Parliament-house by a Writ out of the Court of Kings Bench in execution at the Suit of one White for the sum of 200 markes , being the debt of one Walden , which arrest being signifyed to Sir Tho. Moyle Knight , Speaker of the House of Commons , and to the Knight and Burgesses there , an order was made that the Serjeant of the Mace attending the Parliament should go to the Compter and Demand the Prisoner , which the Clerks and Officers refusing , from stout words they fell to blows , whereof ensued a fray not without hurt , so as the said Serjeant was forced to defend himself with his Mace , and had the Crown thereof broken off by bearing off a stroak , and his Servant struck down , which broil drawing thither , the 2 Sheriffs of London who did not heed or value the Serjeants complaint and misusage so much as they ought , but took their Officers parts so as the Serjeant returning without the Prisoner , informed the Speaker of the House of Commons how rudely they had entertained him who took the same in so ill part , that they all together , some of whom were the Kings privy Councel , as also of the Kings privy Chamber resolved to sit no longer without their Burgess , but left their own house and went to the House of Peers , and declared by the mouth of their Speaker before Sir Thomas Audley Knight then Lord Chancellor and all the Lords & Judges there assembled , the whole matter ( such no Estates they believed themselves to be ) who Judging the contempt to be very great , referred the punishment thereof to the order of the House of Commons , who returning to their places again , ordered that their Serjeant should go to the Sheriffs of London to demand the delivery of their Burgess without any Writ or Warrant , albeit the Lord Chancellor offered to grant them a Writ , which they refused , as being of opinion that all commandments and orders of their House by their Serjeants only shewing of his Mace ( the Ensign of their Soveraigns authority ) without a Writ , would be authority sufficient , but before the Serjeant came into London the Sheriffs having intelligence how heinously the matter was taken , better bethought themselves , and delivered the Prisoner , but the Serjeant , according to his command charged the Sheriffs to appear the next morrow in the House of Commons , bringing with them the Clerks of the Compter , and the said White was likewise taken into Custody , whereupon the next morning the said Sheriffs and Clerks , together with the said White , appearing , were compelled to make Answer without Councel , and with the Sheriffs , and the said White were committed to the Tower of London , and the Officers and Clerks to Newgate , where they remained for some days , and were after delivered , not without the humble suit of the Lord Mayor of London , and divers of their friends ; But a debate and questions arising in the House of Commons , which lasted 9 or 10 days together , how to preserve the debt of the Creditor whilst they enjoyed the priviledge of Parliament by delivering Mr. Ferrers out of prison upon an execution , and some being of opinion that it was to be salved only by an Act of Parliament , and not well agreeing also thereupon the King being advertised thereof , summoned to appear before him the Lord Chancellor , and the Judges and the Speaker of the House of Commons , and other the gravest persons of that House who after his Judicious arguments concerning the extent and warrantableness of the priviledge of Parliament , and his own more especially in the granting thereof touching the freedom from Arrests ( which all the Judges assented unto , none speaking against it ) commended notwithstanding the intention of his Houses of Parliament to have an Act to preserve the Creditors debt , who he said deserved to have lost it , the Act of Parliament was consented unto by the Commons , but passed not the House of Lords by reason of the sudden dissolution of the Parliament . Upon the report made by Mr. Attorney of the Dutchy of Lancaster Chairman or principal of the Committee of the House of Commons for the delivery of Edward Smally a Servant of Mr. Hales a Member of Parliament arrested in Execution , that the said Committees found no President for the setting at large by the Mace ( and if they had , it had but denoted the Kings sole Authority for that it was his Mace and his Serjeant at Arms that carried it , and none of their Mace or Serjeant ) any person in Arrest but only by Writ , and that by divers precedents of Record perused by the said Committee , it appeareth that ever Knight , Citizen and Burgess of the House of Commons in Parliament which doth require Priviledge , hath used in that case to take a corporal Oath before the Lord Chancellor or Lord Keeper of the great Seal of England for the time being , that the party for whom such Writ was prayed was his Servant at the time of the Arrest made . And thereupon Mr. Hall was ordered by the House , that he should repair to the Lord Keeper , and make Oath in form aforesaid , and then to proceed to the taking of a Warrant for a Writ of Priviledge for his said Servant according to the said report , and it so appears by the Journal of the House of Commons , and saith Mr. Elsing , the Writ of Priviledge being so easy to be had , what needed any Petitions to be made by the Commons to the King and the Lords for the same , and as there is no precedent for this in the times of Edward the third , Richard 2d H. 4. nor H. 5. so there are none to the contrary . There being then no such opinions as have been since indulged and seditiously enough espoused by some that would go so far beyond Truth and Reason as to believe that the Members of the House of Commons that are or shall be , have a Charter of Ordination , or which is more , of a never to be prov'd Commission from an unintelligible power of Soveraignty of the People . And a man might wonder himself almost into an Extasy or Inanition how or by what magical or strange artifice Sir Edward Coke in the latter end of his Age and Treasury of Law and good Learning , if he had ever Studied and read as he ought to have done the Feudal Laws , which were our Fundamental Laws , and the Original of our once ( and I hope may be again ) happy government , and might before he came to be over-credulously infected with the Impostures of the modus tenendi Parliamenta , and mirrour of Justice , have well understood that they were no other than those which are and long have been the Laws of the Britains , Saxons , Germany , France , and Spain , the Goths , Vandals , and Longobards , Denmark , Norway , Sweden , Hungary , Bohemia , Holland , and West Freizland , Gelderland , Savoy , Transilvania , Silesia , Moldavia , Walachia , Navarre , Catalonia , and the Republicks of Geneva and Genoa , Kingdoms of Naples and Sicily , Dutchies of Lorrain , Millian , and Florence , with some little small diversities , and that all our multitudes of allowed Customs , Usages and Priviledges by the Indulgence of our Kings and Princes , and their Laws , have had no other Fountain or Original , and should confess that our Magna Charta , and Carta de Foresta which were not only some Relaxations , Liberties and Priviledges granted and allowed by our King Henry the third , but were expressly granted to be holden of that King his Heirs and Successors in Capite , and that both they and all our Acts and Ordinances made them to be no other than as their Patroni or foundation ; and that our Colloquia generalia or Magna Concilia , or Curia , as Brodon stiles them now , or for many Ages past called Parliaments , and even those beneficia and Laws were not unknown to the Brittains in the time of their valarous and great King Arthur , and could tell how when he was a Member of Parliament in the third year of the Raign of King Charles the Martyr , and one of the most eminent and busy , to Name and Stile the Petition of the Lords Spiritual and Temporal , and Commons in Parliament Assembled , their Petition of Right , when that which they would there claim to be their Rights and Liberties , had no Right , Reason , Law , President , true History or Record to back or assert what they desired the King to give his Royal assent or Fiat unto , and was no more the Rights of the People truly understood than to desire a Liberty to pull down the House or Government upon their own heads , carve out their own destruction , and entail it , or as little Children left alone in an House with a great fire without any wiser Body to regulate or take care of their Actions , would deem it to be a brave Sport and Liberty to play with the Fire , until they had set the whole House on fire , and burnt themselves into the bargain ; and if after he had by his practice and study of the Common Law , which was nothing but our Feudal Laws , too much forgotten or unknown unto those that would be called our Common Lawyers , and gaining 10000 l. per Annum , Lands of Inheritance , made his boast that he had destroyed the so fixed and established Deeds of Entail , and the Wills and Intent of the Donors , as nothing of Collusion , Figments , or other Devices , should prejudice , and no Gentleman or Lover of Honour , Gentry or Families , would ever have had an hand in such a destruction , Levelling , Clowning , Citizening , and Ungentlemanning all , or too many of the Ancient Families of England ; And if he could have lived to have seen or felt the tossing , plundering , and washing in Blood three great and flourishing Kingdoms , would have wept bitterly and lamented , or with Job , have cursed the hour or time of his birth , that he should ever have given the occasion or been Instrumental in the promoting or being a Contributor unto those very many dire Confusions and Disasters that after happened ; for if he had well read and weighed the History and Records both before , & shortly after the gaining of that Act of Parliament de Tallagio non concedendo , without the consent of the Lords Spiritual and Temporal , and Commons in Parliament Assembled , and how much that great and prudent Prince King Edward the first , was pressed and pinched , when his important affairs caused his sudden transfrecation by the overpowering party of three of his greatest Nobility , viz. Bohun Earl of Hereford and Essex Constable of England , Clare Earl of Gloucester and Hertford , and Bigod Earl of Norfolk Earl Marshal of England , all whom and their Ancestors had been advanced to those their Grandeurs by him , and his Royal Progenitors had so catched an advantage upon him , and were so merciless in their demands , as they not only would not allow him a saving of his Jure Regis , very usual and necessary , in many of our Kings and Princes grants as well in the time of Parliaments as without , but enforced an Oath upon him , which he took so unkindly , as he was constrained shortly after to procure the Pope to absolve him of , for that it had been by a force put upon him , ( which a Protestant Pope might have had a Warrant from God Almighty so to have done , but did after his return into England so remember their ill usage of him , as he seized their three grand Estates , and made the two former so well to be contented with the regaining of his favour , as Bohun married the one of his Daughters , and Clare the other without any portions with an Entail of their Lands upon the Heirs of the Bodies of their Wives the Remainder to the Crown , laid so great 〈…〉 Fine and Ransom upon Bigod , the Earl Marshal , as he being never able to pay it , afterwards forfeited and lost all his great Estate , and be all of them so well satisfied with his doings therein , as they were in the 34th year of his Raign glad to obtain his Pardon , with a Remissimus omnem Rancorem ; And they and Sir Edward Coke might have believed that that very prudent Prince might with great reason and truth have believed his Regality safe enough without a Salvo Jure Regis , when the Law and Government it self , and the Good and Interest of every Man , his Estate and Posterity was , and would be always especially concerned in the necessity , aid and preservation of the King their common Parent , appointed by God to be the Protector of them . And our singularly learned Bracton hath not informed us amiss , when he concluded , that Rex facit Legem in the first place , & Lex facit Regem in the second , giveth him Authority and Power to guard that Regality which God hath given him for the protection of the People committed to his charge , who are not to govern their King , but to be governed by him , and should certainly have the means to effect it , for how should he have power to do it , or procure his People to have a Commerce or Trade with their Neighbour People or Princes , if he as their King had not any , or a just Superiority over them , &c. and must not for all that have and enjoy those Duties , Rights and Customs , which not only all our Kings Royal Progenitors , but their Neighbour Princes , and even Bastard and self-making Republiques have quietly and peaceably enjoyed , without the Aid and Assistance of any the Suffrage of the giddy Rabble , and vulgar sort of the People controuling in their unfixt and instable Opinions , those of the Lords Spiritual and Temporal , and the wiser and more concerned part of the People , of which , and the Rights and Customs due and payable to our Kings and Princes . Sir John Davies a learned Lawyer in the Raign of our King James the first hath given us a learned , full and judicious Account which well understood , might adjudge that Petition of Right to deserve no better an entertainment than the Statute of Gloucester made in 15 E. 3. which by the Opinion of the Judges and Lords Spiritual and Temporal was against the Kings Praerogative , and contrary to the Laws and Customs of the Realm of England , and ought not to have the force and strength of a Statute ; and Sir Edward Coke might have remembred that in the Raign of King Edward the Third , the Commons of England did in Parliament complain that Franchises had for time past been so largely granted by the King , that almost all the Land was enfranchised to the great arreirisment & estenisement of the Common Law ( which they might have called the Feudal Law ) and to the great oppression of the People , and prayed the King to restrain such Grants hereafter , unto which was answered , The Lords will take order that such Franchises as shall be granted shall be by good Advice . And that if by any Statute made in the 25th year of the Raign of King Edward 3. it was ordained that no man should be compelled to make any Loan to the King against his will , because such Laws were against Reason , and the Franchise of the Land , that Statute when it shall be found , will clearly also appear to be against our Ancient Monarchick Government Fundamentally grounded upon our Feudal Laws , that our Magna Charta & Charta de Foresta , are only some Indulgence and Qualification of some hardship or Rigour of them , that the Excommunication adjudged to be by the Statute of 25 E. 1. ca. 4. And the aforesaid dire Anathema's , and Curse pronounced in that Procession through Westminster-Hall , to the Abbey Church of Westminster , against the Infringers of those our Grand Charters are justly and truly to be charged upon the Violaters and Abusers of our Feudal Laws and Ancient Form of Government , who ought better to assert them , and that the Coronation-Oaths of all our many Kings and Princes , swearing to maintain the Laws of King Edward the Confessor , which have for those many Ages past so highly satisfied and contented the Common People , and good Subjects of England , do enjoin no other than our Kings and Princes strict observation of the Feudal Laws , and their Subjects Obedience unto him and them , by their Oaths of Allegiance and Supremacy , and his and their Protection of them in the performance thereof , and from no other Laws or Customs , than the Feudal Laws have our Parliaments themselves derived their original , as Eginard Secretary unto Charles the Great or Charlemain , who Raigned in the year after our blessed Saviours Incarnation , 768. consisting of Lords Spiritual and Temporal , if not long before had their more fixt beginning . How then can so grave and learned a Professor of our Laws , and after an eminent Administrator of the Laws and Justice of the Kingdom , so either declare to the World , that he hath not at all been acquainted with our Feudal Laws , but gained a great Estate out of a small , in a Government and Laws he knew no Original thereof , and make many things to be grievances of the People , which are but the Kings Just Rights and Authority , and the Peoples Duty , and their grievances in doing or suffering their Duties to be done as if disobedience ( which in our Nation hath too often hapned ) were a Franchise of the Land , and a Right to be Petitioned for by the People . But howsoever Mr. Will. Pryn being better awake , could be so kind a Friend unto the truth , as to give us notice that the Abridger of the Parl. Records left out much of what he should have mentioned , viz. The Prelates , Dukes , Earls , Barons , Commons , Citizens , Burgesses & Merchants of England , in the Parliament Petitioned the King not only for a Pardon in general , and of Fines and Amerciaments before the Justices of Peace not yet Levyed in special , but they likewise subjoin a memorable request , saith Mr. Pryn , omitted by the Abridger , that in time to come the said Prelates , Earles , Barons , Commons , Citizens and Burgesses of the Realm of England , may not henceforth be ▪ charged , molested nor grieved to make any Common Aid , or sustein any charge , unless it be by Common Assent of the Prelates , Dukes , Lords , and Barons , and other People of the Commons of the Realm of England , as a Benevolence or Aid given to their King in his want of Money , wh 〈…〉 h King Henry the 3d. sometimes had , when he went from Aboey to Abbey declaring his Necessities , and King Richard the Third that Murthered his Brothers Sons to Usurp the Crown , flattered the People they should no more be troubled with , when it was never 〈…〉 ked before the Raign of King Henry 3d or 〈◊〉 , by any of our Kings or Princes , until the urgent Necessities of our blessed Martyr , for the preservation of his People caused him once to do it . Or such as the imprisoning of some few wealthy Men as obstinately refused to lend him 〈…〉 e and small Sums of Money , because they would force him to call such a Reforming and Ruining Parliament , as that which not long before hapned in Anno 1641. Or such as their heavily complained of Charges levied upon the People by the Lord Lieutenants or Deputy Lieutenants in some seldom Musters or Military Affairs , which a small acquaintance with our Feudal Laws might have persuaded the Gentlemen of the misnamed Petition of Right , to have been lawful , or that some imprisoned were not delivered upon Writs of Habeas Corpus , when there were other just Causes to detain them , at least for some small time of Advice ; And if they will adventure to be tryed by Magna Charta , will be no great gainers by it , for Magna Charta well examined notwithstanding the dissolution of the Tenures in Capite , is yet ( God be thanked ) holden in Capite , and loudly proclaims our Feudal Laws to be both the King and the Peoples Rights , and disdains to furnish any contrivances against their Kings , who were the only free givers and granters thereof . And the Statute of 28 E , 3. And all or the most of our Acts of Parliament , do and may ever declare the usefulness of our Feudal Laws , and that Reverend great Judge might have spared the complaints of Free-quartering of Land-Soldiers and Marriners , or of punishing Offenders by Martial Law , and will hardly find any to commend him or any Lawyer for their proficiency in their amassing together so many needless complaints . And that in full Parliament , The King then lying sick at Sheene , whereof he died ( and divers of the Lords and Commons in Parliament coming unto him with Petitions to know his pleasure , and what he would have done therein ) nor no Imposition put upon the Woolls , Woolfels and Leather ( having as they might think , as great an opportunity and advantage as the three great Barons , Bobun , Clare and Bigod had when they forced the Statute aforesaid de Tallagio non concedendo upon King Edward the first , and would not suffer him to insert his Salvo Jure Regis ) or any the Annaent Custom of Wooll half a Mark , and of three hundred Woolfels half a Mark , and of one Last of Skins one Mark of Custom only , according to the Statute made in the 14th year of his Raign , saving unto the King the Subsidy granted unto him the last Parliament for a certain time , and not yet Levied . Unto which the King gave answer , That as to that , that no Charge be laid upon the People without common Assent . The King is not at all willing to do it without great necessity , and for the defence of the Realm , and where he may do it with Reason . For otherwise all Monarchies may be made Elective , and the Will , and great Example and Approbation of God disappointed , where the Subjects and People will not be so careful of their own preservation , as to help their King , when his and their Enemy hath invaded the Kingdom , and the People may as often as they please change or depose their Kings , when they shall resolve to stand still , and not help to aid him as the cursed and bitterly cursed Moroz did , and be as wise to their own destruction as the Citizens of London were in the late general Conflagration of their City , or a foolish fear of breaking Magna Charta , which could never be proved to have been any cause of it , they would to save and keep unpulled down or blown up ten houses , and save some of their goods , leave that raging and merciless Fire to burn twenty thousand houses in their City and Suburbs . And it was no bad Answer also , that that great and victorious King Edward the third ( as sick as he was ) made likewise unto that other part of their Petition , that Impositions be not laid upon their Woolls without Assent of the Prelates , Dukes , Earls , Barons , and other People of the Commons of his Realm , That there was a Statute already made which he wills that it shall stand in its force . Wherein if they could by Fraud and Hypocritical Flatteries have entituled themselves and their Faction-Mongers , and perswade them to make them the only managers thereof , they will never be able to procure the so often deluded part of the people to believe they would deal any otherwise with them than they have done before , that is , when they gave them Stones instead of Bread , and Scorpions instead of Fishes . Which Petition of Right , so called , being read unto the King the second day of June 1626. his Answer thereunto was , the King willeth that Right be done according to the Laws and Customs of this Realm , and that the Statutes be put in due Execution , that his Subjects may have no cause to complain of any wrong or oppression contrary to their Just Rights and Liberties , to the performance whereof he holds himself as well obliged as of his Praerogative , which not giving satisfaction , he was again petitioned for a Fuller . Whereupon he came in person and made a second Answer , that the Answer which he had already given them upon a great deliberation appeared in the Judgement of so many wise men , that he could not have imagined but that it should have given them full satisfaction , but to avoid all ambiguous Interpretations , and to shew them that there was no doubleness in his meaning , and that he was willing to satisfy them in words as well as substance , bad them read their Petition and they should have an Answer he was sure would please them . Which being read by the Clerk of the Crown , the Clerk of the Parliament read the Kings Answer , which was to this effect , that he was sure was full , yet no● more than what he had granted in his first Answer , for the meaning of that was to confirm all their Liberties , knowing according to their own protestation , that they neither mean nor can hurt his Praerogative . And he assured them , that his maxim was , that the Peoples Liberties strengthen the Kings Praerogative , and that the Kings Praerogative is to defend the Peoples Liberties ; they might see how ready he had shewed himself to satisfie their demands , so as he hath done his part , and therefore if that Parliament hath not a happy Conclusion , the fault will be theirs he was sure of it . Which being reported in the Town , so filled the People with Joy , as by the Parliaments Order , the Bells and Bonefires every where proclaimed the comfort and hopes of a deluded People , little thinking as it afterwards proved , to have their King and Defender of their Faith and Religion , manacled and betrayed into the fatal consequences of a long lasting King and People , destroying Parliament-Rebellion . And on the last day of that Session , his Majesty before any Bill signed , spake unto both the Houses of Parliament , and told them , that he owed an accompt of his Actions to none but God alone , that it was well known unto many that a while ago the House of Commons gave him a Remonstrance how acceptable every man might judge , and for the merit he would not call it in question , for he was sure no wise man could justifie it . But since he was certainly informed that a second Remonstrance was preparing for him , to take away his Poundage and Tunnage , one of the chief maintenance of the Crown ( a grateful return of his Answers to that they without any Just Title would call their Petition of Right ) by alledging that he had given away his Right therein by his Answer unto that Petition ; And is so prejudicial unto him , as he is enforced to end this Session , some few hours before he meant , he being willing not to receive any more Remonstrances , unto which he must give an harsh Answer . And since he seeth that even the House of Commons , do begin already to make false constructions , to what he had granted in their Petition , ( which was in truth rather a claim of his Rights than any thing that was their own , ) least it should be worse interpreted in the Countrey , he would make a Declaration concerning the true Intent thereof , the profession of both the Houses of Parliament , in the time of their hamering their Petition , was not to incroach upon his Praerogative , ( which appears to be the only design and drift thereof , ) 〈◊〉 〈…〉 ying they had neither intent or power to hurt it , therefore it must needs be conceived , that he hath granted no new but only the ancient Liberties of his Subjects , ( which understood as they ought to be , neither were to be their Liberties or Rights , but his own , unless they would Petition him , that they might be Kings and he their Subject ) yet to shew the clearness of his intention , that he neither intends or means to recede from any thing which he hath promised them , he did there declare that those things , which have been done whereby men had some cause to suspect the Liberty of the Subject to be trenched upon , ( which indeed was the first and true ground of the Petition ) shall not hereafter de drawn into Example of their Prejudice , and in time to come in the word of a King they shall not have the like cause to complain . But as for Poundage and Tonnage , it is a thing he cannot want , and was never intended by them to ask , never meant he was sure by him to be granted . Commanded all that were there to take notice of what he had spoken at that time to be the true intent and meaning of what he had granted unto them in their Petition ; but especially the Judges , for unto them only under him belongs the Interpretation of Laws , for none of the Houses of Parliament joint or separate ( what new Doctrine soever may be raised ) have any power either to make or declare a Law without his consent . Which all the Inveigling promising Petitioners were wiser than to make any attempt to contradict when they foresaw it not to be possible by any parcel or Rule of truth , but made what they thought they had so successfully gained to be an Incouragement to proceed to other designs , in making themselves Governours of their Kings , and to be of their Election , when God never gave them any such Power or Jurisdiction , or appointed our Kings to permit their Subjects under the colour or pretence of Councel , Advice and Approbation in Parliament , to be as helpful to their Kings and fellow Subjects , as the Epheri in Sparta were to make it their business to find out as many of the Errors in government , and grievances of the people of their own making , and charge the faults upon their Kings when they were of the Ephori's own making . Or by what strain or stretch of wit , or squeezing the word Priviledge , those aforesaid Parliament Priviledges allowed by our Kings to the House of Commons in Parliament , viz. Access unto them , freedom of Speech , and from Arrests during that their Imployment could be made to laquey after , or be subservient unto those many their evil designs which after ensued , having no proper or peculiar Fixation as to other matters cannot in suo genere be of the nature or kind either of Properties or Liberties , which are of another sort altogether distinct and separate from them when property , if truth and rectified reason be called to Councel signifieth no more , nor was amongst learned or common understanding men accepted or taken to be then that , Proprium cum suum cuique est separatum a Communitate Ita dictum quod maxime prope est proprie peculiare & id quod unius cujusque est maxime prope est quod proprium est Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 species . Est etiam proprium stabile perpetuum certum semper propinquum omne quod habemus aut mutuum aut proprium est mutuum quod ad tempus habemus nec postmodum . Uno naturali nomine homines appellaremur , Jure gentium tria genera esse ceperunt liberi & his contrarium servi & tertium genus qui desierunt esse servi . Libertas opponitur servituti libertatem Cicero Paradoxis definit esse potestatem vivendi , ut velit noster Florentinus , ait esse naturalem facultatem quod cuique facere libet infra quod vi aut Jure prohibetur & libertas non privata , sed publica res est Martianus ad l. si quis ff . de fidei commissi libertas opponitur servituti unde convenire non possunt l. ergo ff . de fide libert . proprium est suum cujusque diciturque quod non est aliis Commune proprium sive proprietas quod allodium dicitur propterea quod ejus proprietas solido Dominum est neque alteri ejus usu fructus est constitutum . Jurisconsulti modo proprietatem solidum modo proprietatem tum usu fructu modo usu fructum proprietati admixtum appellant sit leg . franc . lib. 1. ca 11. ut unusquisque ab illo beneficio suam familiam nutritare faciat de sua proprietate propriam familiam nutriat & si deo dante super se et familiam suam aut in beneficio aut in Alodio Annonam habuerit . And the Civil Law , that Universal Law of the World under the Sacred and Divine can abundantly inform us , that there is amongst the Generations of the Sons of Men not only a directum Dominium , but an utile , which made that to be rightly said and believed of the Regal or Imperial Authority , Dominium in Universis in singulis proprietas . For Dominum est Jus et potestas re quaquam tum utendi quam abutendi quatenus Jure Civili permittitur , & usus fructus dissert a solido Dominio & usu frictus est D 〈…〉 m plenum quia cum usu fructus cohaeret proprietas nudum quod et dilectum dici potest cum separatum est ab usu fructus § 2. Instit. Dominium directum et utile Dominii duo esse officia unum disponendi alterum vindicandi per l. in rem aut Bart. in l. 1. de acquirend . Dominum . And non est nostrum nisi illa quae oripi non possunt . And a Feudatory as a 〈◊〉 in Capite , immediate or mediate are no otherwise in respect to their Superiors , who first gave or created the 〈◊〉 , which can be no other than Usufructs or 〈…〉 ding in the first that gave the Lands or 〈…〉 tes . 〈◊〉 〈◊〉 homines liberi et legales homines ad nobiles olim sp 〈…〉 nt ist● 〈◊〉 ●●xime eni●● vulgi pars aliqua servitutis specio coercebatur sit ut 〈◊〉 mancipii non liceret qui vero manumissi assecuti liberta●●● ▪ Romanis liberti et libertini inferioribus seculis ingenii di 〈…〉 ur . Legalis in Jure nostro dicitur qui stat rectus in curia non exlex non utlogatus nec excommunicatus vel infans , sed qui in lege postulet & postuletur hoc sensu vulgare illua in formulis Juridicis probi et legales homines hinc legalitas pro conditione illiusmodi L. L. Ed. confess . de eo an Reus mortis misericordiam ipso tamen malefactor fide jussores de pace & legalitate tuenda , Sureties for his good behaviour . Francus tenens libero tenens qui terras vel praedia a Domino suo libero tenet Ass. de Clarendon , Hovedon , p. 549. si quis obierit Francus tenens haeredes remanent in tali soisina quali pater suus habuit eo Had. 1193. page 725. venerunt in Angliam nuncii Regis cum literis illius missi ad omnes Archiepiscopos Barones Clericos & Francos tenentes . And those our late Multipliers of Priviledges of Parliaments , may consider that proprietates dictae sunt res immobiles quas quis comparat comparare libertates in L. L. Longobard . lib. 3. tit . 1. 5. 19. 20. Ubi proprietas mox Alodus dicitur proprietatem adquirere in Libro Chronic. Launsham p. 68. Testamentum Hadonidi Episcopi Caenomanum , villani proprietates mea Iscommodiorum quam ta pecunia de Anserina et genitrice sua comparavi i 〈…〉 prietates dicuntur res Dominicae ac propriae respectu eae 〈◊〉 in beneficium tenebantur Tabularum Brivat . ca. 33. Cedo aliquid de rebus proprietatis quae mihi per conquestum evenerunt & ca. 335. de rebus proprietatis nostrae quae ex attractu mihi obvenerunt Hinckmarus Remensis in Epistola ad Carolum Regem quia ipsi vestri homines et proprietatem et beneficium in Regno vestro et in mea parochia habent tradit . Fuldensis lib. 3. trad . 30. cum alia quae sibi vel proprietatis Jure vel beneficiali Lege undecunque contingerent filiae suae ubi proprietates opponuntur beneficiis que ad vitam possidebantur , et proprium idem quod proprietas Autor Quel . datum tibi est de proprio nihil habere Charta Clodovei apud Rover . in Reom . page 30. tam ex munere nostro quam de paterno ●ut proprio , aut de conlato populi seu de quolibet adtracto aliquid auserre pr 〈…〉 at ca. 1. Anno 81● . ut omnis liber homo qui 4. ma●sos v 〈…〉 os de proprio sive de alicujus beneficio habet Charta Lotharii Imp. apud Bessuim p. 260. curtes duas cum suis appendiciis nostris dar●mus praecepto et duos quod Alodes nuncupant ejusdem loci Incolae , et sua propria . Cicero defineth Liberty to be potestas vivendi ut velint , at non vivit at v●lit qui juxta sensus carnis suae et cupiditates , sed is solummodo qus vivit juxta rationem , Plutarchus et Epictetus eandem liberi definitionem , idemque Arianus ex Epicteto eum dixit liberum esse cui nec impedimentum praeberi possit volenti nec vis inferri volenti . For amongst the too many claimed Priviledges to be appertaining to the Members of the House of Commons when they are assembled in Paliament , by vertue only of their Kings and Princes Writs , as hath been before mentioned , there are only these which their Speaker petitioned for , for since the Dream of the men of St. Albans in Anno 8. E. 2. expounded and managed , as Mr. William Petitt could think or imagine for his best advantage , not knowing where it was run away from him , and not finding it , and the bold Petitions of some of the House of Commons in Parliament , in the second year of the Raign of King Henry the 5th perceiving that he could get no assurance or confirmation of it , by the Kings Answer thereunto , as their Champion hoped that his Argument might prove as good as that of the good men of St. Albans , and smite the Nail on the Head , therefore was enforced when he saw the Kings answer in the same Record to silence it rather than his admirers should understand it , and these claims of fancied Priviledges , were so little believed to accord to those their unhappy designs , as there was no more demand or news afterward of them , in all our Kings and Princes Raigns , until the Parliament in the Scottish League and Covenant , with a factious party of our English in the years of our Lord 1637 , 1638 , and 1639. when Philip Nye a busy factious Minister and Arch contriver and propagator of Rebellion , and some other special Commissioners were secretly sent from England , to prepare the intended united Rebellion of England and Scotland , and put the management thereof into a Method , most agreeable to the vizard of their counterfeit Religion , and at the first a kind of supplicating Rebellion with Petitions and Remonstrances , in their hands , as well as Arms , Amunition , and all other Warlike Offensive and Defensive Provisions . And if our English Parliaments had any such Stock of Liberties or Priviledges proper for Members of an House of Commons to demand , it can be no less than a wonder extraordinary , where those invisible Liberties or Priviledges have lurked or lain hid for more than 1000 years ever since Parliaments or Great Councels have been holden or kept in England , under our Brittish , Saxon , Danish and Norman Kings , and the long succession of our many Kings and Princes until that horrid long lasting Rebellion that had its rise in the years aforesaid , and with great store of miseries and desolations continued until now , being about 49 years , and that none of the many Speakers ( other than Sir John Tibetot in the Raign of Henry 4. which gave occasion to all the Speakers afterwards to crave pardon of the King if they should demand any thing more than was befitting them ) allowed by our Kings , and entrusted by the House of Commons in Parliament in matters of so great weight and concernment as is pretended for the publick good , should so much neglect it since the 21 E. 1. or the times since succeeding , as at their admission by our Kings and Princes to demand but two Priviledges , when they ought to have asked very many as their well-willers , but no friends unto either Loyalty or true Religion , do without any grounds of Reason and Truth desire to have allowed who could hear Queen Elizabeth give a charge to some of the Speakers to inform the Members of the House of Commons that she would not have them intermedle with matters of Church , and commanded the Speakers not to receive any such Bills if they should be offered , and their then learned Speaker Sir Edward Coke durst not adventure to object unto her , his too much at other times adored Fictions and Fables of the modus tenendi Parliamenta , and the mirrour of Justice , and a very great misfortune it must needs be to our Kings and Princes especially , that ever since Jack Cades Rebellion in the later end of the Raign of King Henry the sixth , they should be only troubled with the discords and troubles in their Councels which should be most helpful unto them , which their neighbour Kings and Princes have not met withal in their like Methods and Rules of Government . The Kings of Israel were commanded to read the Law , which was not then non-scripta , often References were made to the Book of the Chronicles . The Decalogue was written as God had dreadfully pronounced , by Moses , and being afterward broken , were wrtten again by the Almighty's own Finger , the blessed Words , Commands and Examples of our Saviour were written by the Evangelists , St. Pauls Epistles , have happily come unto us , not by being not written , but by having been written , the twelve Tables fetched from Athens and Sparta , and brought unto Rome , were there hung up Aeneis Tabulis , and their Sibylline Books were of great value , our Bede , Lambard , and Somner , have found our Saxon and Danish Laws to have been written , and St. Edward the Confessors Laws were written before they were hid under his Shrine , being not different from those that have been afterwards sworn unto by our successive Kings and Princes at their Coronation ; some Laws forced from King John , were reduced into his Charter at Running Mede , our Magna Charta , & Charta de Foresta freely granted by our King Henry the third , and after thirty times confirmed in several Parliaments , and ordered to be preserved in all our Cathedral Churches , did certainly deserve the Title of Jura scripta . When they might upon a sober and the strictest , not Fanatick , Rebellious Enquiry be well assured that those necessary Priviledges of Parliament , were not to punish by their power but the Kings , the Infringers of those Priviledges , and that those which by a wicked or unheard of Antipolitiques or their Impostuting Champions or men at Arms would have by a new Art or trick of Jugling the Liberties and Properties of the people to be Priviledges of Parliament , may find that the words Privilegium , proprietates & libertates never did or can signify any more than such Liberties , Priviledges and Properties in and unto those their own Liberties and Estates , which for a great part of them had been gained by the Favour and Indulgence of their Kings and Princes . And should rather acknowledge that there is and ought to be no small difference betwixt Privilegium and beneficium , and that privilegium in alterius praejudicium many times happens to be & beneficium nec in Juris communis detrimentum , nec in alterius damnum conceditur , as that certainly was of the admittance of some of the Common people to be Members of the House of Commons in Parliament in 21 , or 22. E. 1. to be made privy unto the making of such Laws , wherein they might be concerned and have an opportunity to Petition their Kings for redress of any grievances happened unto them . And that concessio Privilegiorum partim est expressa , partim Tacita ; Expressa , quae per concedentem verbis expressis tribuuntur qualia sunt illa quae a Principe peculiari rescripto , vel aquovis alio magistratu , vel superiore dantur , vel in volumen Legum redacta , ut Exempli gratia , Privilegia Minorum , faeminarum filiorum familias & similia ; Tacita sunt quae praescriptione consuetudine vel per sententiam acquiruntur ; In concessione Privilegiorum observari debet ne contra Jus divinum possumus & morale & ejusque abolitionem quicquam indulgeat vel largiatur , ( which would so have been if the parties supposed to have been Priviledged should extend them against their King and Gods Vicegerent . And it neither was , or could be by any Rule of Law or Right Reason , any Priviledge granted unto any Members of the House of Commons in Parliament by any of our Kings to their Speaker , or otherwise that any of our Kings and Princes should not upon any occasion of High Treason , Felony , or breach of the Peace , personally enter into the House of Commons , and cause to be Arrested any of the Members thereof , when Queen Elizabeth caused Dr. Parry , one of their Members to be Arrested , sitting the Parliament , for High Treason , and tryed , condemned , and executed for it by Sentence of her Justices in the Court of Kings Bench at Westminster . §. 29. Neither could they claim , or ever were invested by any Charter or grant of any of our Kings or Princes , or otherwise of any such Priviledge or Liberty , nor was or is in England any Law , or Usage , or Custom that a Parliament sitting cannot be prorogued or dissolved as long as any Petition therein exhibiteth remained unanswered or not determined . IT being never likely to have been so in a well-constituted government of a Kingdom built & constituted upon sound & solid principles of Truth & Right Reason as ours of England is , to have either often or always Ardua to be considered of , or of those Arduorum quaedam most especially concerning the defence of the Kingdom and Church of Eng. which were not only to make an Act for the killing of Crows , of Paving of Streets , or that ex se or per se naturally or properly it could be or ever was in any Regal government in the Earth any Law or Custom to perpetuate , or everlastingly to hold a Parliament , a thing altogether unknown , and unpractised by our English Monarchs , who thought it enough at three great Festivals in every year , to be attended with their Praelates , Nobility and Grandees , viz. at Christmas , Easter , and Pentecost , and inquire into the State of affairs of the Kingdom which many times did occasion as much of Advice and Conference amounted as to a Parliament , some addresses upon home emergencies being then made for Remedies of evils , happened or as fires been to be prevented , private petitions seldom interposing , if in the inferiour Courts of Justice , they might otherwise have Redress , for that had been expresly forbidden by a Law of King Canutus , and those Sumptuous Feasts , and Solemnities being of no longer duration than the Festivals themselves . And in so many inferior Courts that gave Remedies the people had no need to trouble themselves or their Kings in Parliament with Petitions , especially when in the 9th year of the Raign of King H. 3. A peculiar Court was granted by our Magna Charta , and Erected to give Remedies to all the peoples Actions & Complaints not Criminal with a lesser charge and attendance in an ordinary and more expedite course , and when they came with Petitions proper as they thought for Parliaments , they were to be tryed by Bishops and Barons thereunto by the King appointed , who by the advice of the Chancellor , Treasurer , Justices , and the Kings Serjeants at Law were , if they thought fit to receive them or otherwise to reject them , with a non est Petitio Parliamenti , and they that were received were many times referred by the King to his Privy Councel , and sometimes with an Adeat Cancellariam , and at other times with a farther Examination to the Justices of the Courts from whence the complaints did arise or with a respectuatur per dominum principem , or referred to the Judges as against the multitude of Attorneys , as in the Raign of King Henry 4. And Petitions were not seldom answered with there is a Law already , or the King will not depart from his Right . And when the Acts of Parliament were made in the 4th and 36th years of the Raign of King Edward 3. wherein he granted that Parliaments should be holden once in every year if need be , the Petitions of the people could not avoid the like Limitations or Tryals of them as the Laws required . Certain Petitions having been exhibited by the Clergy to the King , it was agreed by the King , Earls , Barons , Justices , and other wise men of the Realm , that the Petitions aforesaid be put in sufficient form of Law. A time was appointed to all that would exhibit any Petitions . The first part of a Petition the King granted , and to the rest he will be advised . The Commons did pray , that the best of every Countrey may be Justices of Peace , and that they may determine all Felonies , to which was answered for the 2d the King will appoint Learned Justices they pray , that the 40 s. Subsidy may cease . Unto which was Answered , the King must first be moved ▪ They pray that the King may take the Profits of all other Strangers Livings , as Cardinals and others during their Lives . Unto which was answered , the King taketh the profits and the Councel ( the Kings privy Councel ) hath sent their Petitions to the King ( who was then busied in his Wars in France . ) The Commons did pray , that all Petitions which be for the Common profit may be delivered in Parliament before the Commons , so as they may know the Indorsement , and have Remedy according to the ordinance of Parliament , unto which was given no Answer . The Commons having long continued together to their great Costs and mischief , desire Answer to their Bill ( which in the Parliament Language signified no more than a Petition ) & leur deliverance . The Commons petitioned against the falshood of such as were appointed Collectors for 2000 Sacks of Wooll . To which was answered , This was answered in the last Parliament , and therefore Commandment was given to execute the same . And the like Answer given ut prius to their Petition touching Robbers and Felons . They pray that all Petitions in this present Parliament may be presently answered . To which 〈◊〉 answered by the King , after Easter they shall be answered . The Parliament in Anno 6. E. 3. began upon Monday , but forasmuch as many of the Peers and Memb 〈…〉 were not come , the assembly required the continuance of the Parliament until the 5th of Hillary next following , which was granted . The Commons praying the King to grant a pardon for the debts of King John , and King Henry the third , for which process came dayly out of the Exchequer , The King answered , he will provide Answer the next Parliament . No Parliament being after summoned until Anno 13. of his Raign when the Lords granting to the King the 10th Sheaf of all the Corn of their demesns , except of their bound Tenants the 10th fleece of Wooll , and the 10th Lamb of their own store to be paid in two years , and would that the great wrong or Male Tolt set upon Wooll be revoked , and that this grant turn not into a Custom . That the keeping of the Kings Wards Lands may be committed to the next of the kin of the same Ward . That Remedy may be found against such as dying past away their Lands to defraud the Lords of their Wardships . The Commons made answer , that they knew and tendered the Kings Estate , and were ready to Aid the same , only to this new device they durst not agree without further conference with their Countries , and so praying respite until another time , they promise to travel to their Countries . Sundry of the Lords and Commons being not come , the Parliament was continued from day to day until the Thursday following . The Archbishop of Canterbury having been in the Kings displeasure , humbled himself and desired his favour , and having been defamed , desired his Tryal by his Peers , to which the King answered , he would attend unto the Common affairs and after hear others . A Proclamation was made for such as would exhibit any Petitions , and a day given therefore . Anno 25 E. 3. The Commons pray , that process of Outlawry shall be in debt Detinue and Replevin . To which was answered , the like motion was in the last Parliament which had the same Answer , and was then reasonably answered . Anno 45. E. 3. it was agreed that ever Petition now exhibited may be by some of the Lords considered . The Commons pray , that the Extracts of Greenwax may mention at whose suit such Amerciaments were lost in what Term , and what Plea , and between what parties . To which was answered , let the same be provided the next Parliament ( which was not summoned until in Anno 47. E. 3. ) In Anno 47. of his Raign after Subsidies granted the Commons prayed answers to their Petitions , which was granted , after the Chancellor had in the name of the King given them great thanks , he willed that such of the Commons that would wait on their Petitions might so do , and the rest that would might depart , and so the Parliament ended . They pray that Right may be done to every mans Petition . To which the King answered , let that be observed which toucheth every private person , our Kings and Princes having ever taken time to answer the petitions of their Subjects , §. 30. That in those affairs peculiar only to so great and venerable an assembly which should not be Trivial or proper to Lower and Lesser Jurisdictions , assigned for the determining of Lesser matters for the publick Ease and Benefit . Our Kings and Princes have a greater burden and care upon them , as Gods Vicegerents besides that of Parliaments , to manage and take care of the Kingdom for the benefit and good of themselves and their People . FOR our Kings and Supream Magistrates , having many other as well necessary as ordinary , and Common affairs to look after , and have regard unto as the care of Peace at Home and Abroad , Defence and Protection of their People , Commerce , Intelligence and Correspondence , with Allies and Neighbour Princes guard of the Seas , and reducing of Parliament Councels to speedy Actions , could not admit a long consult , which in our former and more happy Parliament Assemblies were seldom above forty days , and many times with lesser periods of time found to be sufficient to dispatch the great and Important occasions thereof . For the care of three great Kingdoms and a multitude of Accidents dayly , hourly , or oftner happening , ordering and disposing Competent Magistrates and Officers therein , observation of their well or ill managing their trusts , rewarding and encouraging the good , and punishment of the bad , with the administration of fit Remedies to all that complain of grievances and oppressions committed by or amongst such a multitude of people , with the very great difficulties of keeping Peace abroad with Neighbour Princes , and preserving their own Subjects from being Injurious to theirs , or receiving wrong from others , may put a Prince into a necessity of having in his own person more than Argus his Eyes , or Briareus hands , and give him no , or a very small time of rest , & to ask of God what Solomon did when he took upon him the government of Israel , being a great People that could not be numbred or counted for multitude , give therefore thy Servant an understanding heart to Judge the people that he may descern betwixt good and evil , for who is able to Judge so great a People ? And with greater reason as being to govern a stubborn and Rebellious people , high minded and proud , with the riches gained thereby , many of whom have perplexed and troubled him and themselves with their needless and destructive Fears and Jealousies , without which the burden would not be so heavy as it is And can never seem light if those Fault-finders and Quick-silver Brained State Polititians would but consider how great it is in the dayly exercise of that government , have hitherto made & kept us happy , all which put together , might be enough to load an Atlas , and would never be so well done , or prove so effectual for dayly and publick good if they should tarry either for the coming of Parliaments , or for long and perpetual ▪ or disagreeing Parliaments . And cannot be deemed to be of little moment or concernment if an estimate be taken of the cares , charge and troubles to preserve the publick Peace both by Sea and Land , Leagues and Alliances , Intelligence , Correspondence and Amity with Forraign Princes and States , the least breach of Peace with whom might disturb our Peace and Commerce abroad , and transport Invasions and War upon us at home , with sending and receiving of Embassadors , giving audiences & dispatches to theirs , and sending Instructions with ours , besides their sitting in Councel with their Privy Councel , commonly three times in every Week of extraordinary concernments , make not some addition thereunto , Sundays scarce excepted , and not that day or every day in every Week besides can pass , but he is troubled either with petitions for grants or favours , protection from oppressions , and redresses for greivances , either delivered by the petitioners themselves , or by one or both of the two Secretaries , or the four Magistri Supplicationum & Libellorum Masters , as they are called of Requests , who by their monthly turns of waiting , have commonly an audience twice in every moneth , of our Kings and Princes , who are as the mercy seat upon Earth , the Pool of Bethesda , the Asculapius Temple , the Balm of Gilead , Asylum sanctuary or refuge to help all the distresses and calamities of their people . And that in all our Parliaments since the beginning of the Raign of King Edward 3. they have inter their quaedam Ardua taken alwaies into their care , not only those of England but of Ireland , Scotland , Gascogney , Guernsey , Jarsey , and the Isles , though they have no Burgesses or any other representing for them as England hath had since the 48th year of the Raign of King Henry the third , which considered with the many cares of collecting and gathering in his Revenue and well ordering of his Aerarium or Treasury , without which no King or Prince can be safe or great , and protect and defend himself and his people from Injuries and Contempt , which put all together may give Gods appointed watchman of our Israel , besides their more weighted and occasional business in Parliament , scarcely time to slumber or sleep , or enjoy his natural refreshments or divertisements without the addresses and Importunities of his almost always wanting and complayning Subjects , which they that will be at leisure to peruse all the orders of himself and his privy Councel and treasury References upon Petitions in the Secretary of State and Master of the Requests Books , and the Reports and Returns thereof , with all that are contained in the patent close Rolls , fine and liberate Rolls of every year , besides the Writs Remedial granted out of the Chancery , from which no man as our Laws say , is to return sine Remedio those of the Common or Ordinary sort in every year amounting to no smaller a number than eighty Thousand in a year , which by Law were anciently intended not to have been granted but by immediate Petitions to the King , howsoever are now dispatched of Course , as it hath long been by his Majesties not a few subordinate Officers , very much to the ease and relief of his People , who have so long enjoyed those benefits and accommodations as those Writs of Course , without the trouble either of our Kings , or their more especial Court of Parliaments as Anciently as King Canutus Raign , who began his Raign in the year of our Lord 1016. and from thence so continued until the Raign of King John , wherein a Writ of Novel diseisin is noted in the Margin of a Roll to be de cursu , ( from whence the Cursistors in Chancery have taken , and do yet keep their Name , not a Cursitando , as Fleta ( who wrote about the Raign of King Edward the 2d . ) terms them Juvenes & pedites little Lads , who carried and fetcht Writs to and from the Great Seal , but Clerici de Cursu mentioned in the Oath , ordained to be given unto them in Parliament in Anno 18. E. 3. Insomuch as when Simon de Montfort that Married the Sister of King John , and either his Father or himself , had about that time been the destruction of the Protestant Albigenses and Waldenses in France , did in the time of the Imprisonment of King H. 3. and his Son Prince Edward , whom he and his Rebellious Partners had taken Prisoners in the Battle at Lewes , take an especial care , that in the absence of Thomas de Cantilupo the Kings Chancellor , the Kings great Seal being committed to the Trust of Ralph de Sandwich , Keeper of the Kings Wardrobe , assisted by Hugh le Despencer Justiciar of England , and Peter de Montfort two special Rebels , to be kept until the return of the Chancellor , and that the said Ralph should Seal brevia de Cursu , but those which were de praecepto , were to be Sealed in their presence . And when that Rebellion was afterwards broken , and Simon de Montfort and the most of his Rebel partners were slain at the more fortunate Battle at Evesham , and the King restored to his Regality and Rights of government , he and his Successors afterward did in all their Parliaments enjoy the power and authority of Monarchs in their great Councels or Assemblies of Parliament , wherein by reason of their great and important affairs in War a in France , Scotland , and Wales , they could not be able to be personally present , but summoned and held their no long lasting Parliaments by their Lieutenants or Guardians of the Kingdom for the short continuance thereof . § 31. That our great Councels or Parliaments , except Anciently at the three great Festivals , viz. Christmas , Easter and Pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those Grand and Chargeable Festivals , or upon Necessities of State or Publick Weal and preservation ex natura rei continue long , but necessarily required Prorogations , Adjournments , Dissolutions or Endings . FOR extraordinary occasions being not common or ordinary , and the Summons or calling of fit and well capacited Persons , to those venerable or great Councels of Parliament , for purposed sometimes especily Limitted and Declared to be for Advice and Aid , not in omnibus arduis only , but in quibusdam arduis , concerning the defence of the King , his Kingdom and the Church , always howsoever declared by the King himself , or such as he appointed , and there being other great and little Courts enough in the Kingdom to dispatch and administer Justice , it could not but put our Kings and Princes in mind not to trouble their highest Court for small and trivial Affairs , but to believe that Canutus an Ancient King of this Nation , who began his Raign in Anno Domini 1001. had reason by an express Law to prohibit the troubling of him or his Parliament , or greatest Councel with small matters , when they might with more ease , less delay , expences and attendance , be determined at home , or in their proper Courts or Places in these words , videlicet , neme de injuria alterius ( Regi ) quaeritur nisi quidem in Centuria Justitiam consequi aut impetrare non potest Centuria , autem Cominus quisque ut quidem par est intersit aut saltem debito absentiam luat supplicio , and that Law might well be said to have been made by that King sapientum Concilio , which might occasion the use of Receivers and Triers of Petitions constantly appointed by the King or his House , or Councel of Peers , until our late times of Rebellion and Confusion ( that great Councel or Court , never being intended by our Kings or their Laws to be a standing , often or continual Court for ordinary Affairs . The wisdom of our Kings and their House of Peers , having often rejected and not given any Remedies to Petitioners , that might more properly be relieved in Inferiour Courts . For King Offa in the year 787. after the Incarnation of our Blessed Saviour Jesus Christ had a 2d . Session in his great Councel . And therefore as all Parliaments have had very urgent and necessary causes of Calling and Summoning them , by their Kings , so they were to have their continuance and duration proportionable to the Business and Affairs , for which their Advice , Assent or Approbation were required , and even in the Ecclesiastical Councels , begun as early after the Incarnation of our blessed Redeemer Jesus Christ as the year 446. The many Secular Businesses , as making of Laws , and redressing of Grievances , in and by the Presence and Assistance of our Kings , and many of the Nobility , continued until the Norman Conquerour , who separated the Ecclesiastical and Civil Jurisdictions one from the other , and the Attendance upon Parliaments , were not a little troublesom and chargeable to the Spiritual and Temporal Baronage , and therefore the Ancient Custom of our Saxon Kings , was more easy and less burdensom unto the Prelates and Nobility , when it required their constant and annal Attendance upon their Soveraign at his Court , at the three great Feasts of the year , viz. Christmas , Easter and Whitsontide , as the excellently Learned Sir John Spelman hath informed us , where the Bishops might give an accompt ( as in so many Parliaments which needed no Summons , Prorogations or Adjournments , for it was not to be doubted , but that almost every man might understand when those Grand Feasts or Solemnities began or ended , ) what had been done , or was to be done in their several Diocesses , and the Earls within their several Counties and Provinces , of which Anciently they had a Subordinate Government , and were to render accompts thereof . When though not praecisely the very same in number as to the Festivals of the year wherein our Old King Alfred and many of our succeeding Kings and Princes used to be yearly attended by their Bishops , Earls and Nobility , whereby they might the better often understand the Circumvolutions and various Accidents in their Kingdom , in every year might have some resemblance with that of the great Charles or Charlemain the hugely ( as Eginard who was his principal Secretary witnesseth ) powerful , valiant and vertuous King of France , which Kings Daughter Bertha our Saxon King Ethelbert is said to have married , and at her Instance upon the preaching of Augustine the Monk to have converted himself and all his Subjects to the Christian Faith and Religion , and celebrated with great Solemnity and Magnificence the great Festivals of Christmas and Easter , which with the addition of another being the Feast of Pentiost , was never omitted to be sumptuously kept by all our succeeding Kings until the latter end of the Raign of our K. H. the 3d. The French with great Solemnity , holding their Parl. or great Coun ▪ at their 2 great Festivals of Christmas & Easter . Unless any other great Affairs caused them to summon those their great Councels at other times , which coming after the Raign of 〈…〉 . H. 3. to be 10 laid aside by reason of their many voyages into Normandy long lasting & often Wars with France or Scotland , troubles & discords at home as Parliaments especially when after the 48th year of the Raign of King Henry the third the attendance upon Parliaments was much more troublesom to the Commons in Parliament after their admissions into that great assembly , though they had their charges and expences in going , tarrying and returning allowed them by King Edward the first which was first begun 〈◊〉 mon Montfort and his rebellious partners only in 〈◊〉 H. 3. When the King was their Prisoner in the 〈◊〉 two Knights of the Shire for the County of York , wh 〈…〉 those that were afterwards permitted to be present by 〈◊〉 . Edward 1. in the 22 year of his Raign , and in the Raign of our succeeding Kings did esteem it to be a damage to to them in their other employments , affairs and loss of time , better becoming their capacities until the impressions and effassinations of Pride , Fear , Flattery , Ambition and Self-Interest had within a small time after their aforesaid admission into Parliament , incited or inticed them to be packt by Roger Mortimer Earl of March , in the Raign of King E. 2. to Grant Aids to help to advance his wicked and accursed purposes , as is expressed in one of the Articles and Charges against the said Earl in the 4th year of the Raign of King E. 3. or to set up for a Trade or Factory for themselves or their Friends , or such as they could purchase as a lamentable experience hath of late years told us . And we find no such Doings or Factorings before that or 49. of King Henry the 3d. For King Athelstone held a Parliament at Exeter , and the succeeding Saxon and Danish Kings , Summoned and held their Parliaments at several places , and Dissolved , and Met again , as their occasions , and the more weighty and extraordinary Affairs of the Kingdom required . The Norman Conquerour , and William Rufus , and Henry the 1. other than at their aforesaid Grand Festivals , did neither restrain themselves to certain times or places , either as to the Summoning Continuing , Proroguing or Adjourning of their more than common or ordinary business , which requiring short Councels , and an hasty Prosecution , or putting into Actions what their deliberate Advices had resolved upon , could necessarily produce no long continuances , but were not seldom without Prorogations or Adjournments , as Mr. Pryn and all our Ancient and Contemporary Writers and Historians have plentifully testified . In the 9th year of the Raign of King Henry the 2d . A Parliament was called at Westminster , where by reason of the frowardness of the Archbishop Becket , and his Suffragan Bishops , the King was displeased , and the Parliament ended . In the 20th . year of the Raign of that King , he called a general Assembly of the Bishops and Nobility at Clarendon , where John of Oxford the Kings Clerk was President of that Councel , and a charge was given for the King , that they should call to memory the Laws Ecclesiastical of his Grandfather King Henry the 1st . and to reduce them to writing , which was done , the Archbishop and Bishops putting their Seals thereunto , and taking much against the Arch-bishops will their Oaths to observe them . In the 33th year of his Raign , a Councel of Bishops , Abbots , Earls , Barons , both of the Clergy and Laity was holden at Gaynington sub Elemosinae titulo vitium rapacitatis , included therein saith Walsingham , requiring Aid towards the Wars of Jerusalem , the Kings of England and France , resolving to go thither in Person , the King of England taking upon him , and wearing the white Cross. A Parliament was called at Nottingham by King Richard the first , after his return from his Captivity , which continued but four days ; a Parliament in 7. Johannis ; a great Councel or Parliament was holden at London , and Adjourned to Reading , whither the King not coming at the day appointed , it was three days after Adjourned to Wallingford . In the Raign of King Henry the 3d. His Great Councels or Parliaments , were many times Prorogued or Adjourned , in whose Raign the Popes Nuncio , Summoning the Praelates of England to give an Aid to the Pope , they excused themselves , and alledged that the King was sick , and the Arch-bishops and Bishops were absent , and that sine iis respondere non possunt nec debent , whereupon the Nuncio endeavouring to adjourn that Convocation , they refused to come again after Summons without the Kings License , in 6 H. 3. a Parliament , 7. a Parliament in 8. a 3. Anno 10. a 4th . Anno 11. a 5th . a Parliament in 16. another in 17. Anno 19. a Parliament , Anno 21. a Parliament , Anno 22. a Parliament , Anno 25. a Parliament , Anno 28. 2 Parliaments , Anno 35. a Parliament , 36. a Parliament , 37. a Parliament , in 38. another being called in Easter Term , which by reason of the absence of some Lords , who pretended they were not Summoned according to Magna Charta , was Prorogued to Michaelmas following , Anno 42. another Parliament at London , and for difficulty saith Mathew Paris , Prorogued to St. Barnabas day , and thence Adjourned to Oxford . And thence in the same year adjourned to London , in Anno 48 two Parliaments were called at London , 51. a Parliament at London , Anno 53. another at Marlburgh ( but in truth ) in Anno 47. as appeareth by the Parliament Roll. There was a Parliament at Westminster in the third year of the Raign of King Edward 1. another Anno 4. one at Gloucester Anno 6. another at Westminster Anno 7. one Anno 10. 13. another at Acton Burnel , and one afterwards in the same year at Westminster , another in that year at Winchester , another afterward in the same year at Westminster Anno 18. two Parliaments were holden at Westminster , the Statute of Quia Emptores terrarum , Quo Warranto & fines , seeming to be made at several Parliaments or Sessions , Statutes of Vouchers , Wast and de defensione Juris made in Anno 20. E. 1. probably made in like manner Anno 21. De his qui ponendi sunt in Assisis , and another ut supra de malefactoribus in Parcis , the Statute of Consultation Anno 24. A Parliament in Anno 25 at London , another at Bury , another at Salisbury , 26. At York held at another time a Parliament , ●nno 27. a Parliament at Westminster , and another Anno 28. for Persons appealed , and a Parliament wherein were made the Articuli super Chartas Anno 30. The Statute of Quo Warranto , 31. a Parliament , Statutes of Conspiracy and Maintenance in Anno 33. And in the 34th year of his Raign , before the Writ of Summons could be executed , sent another Writ to Adjourn the Parliament , and by his Writs , Prorogued or Adjourned some , if not many of those other Parliaments . In the 5th year of the Raign of King Edward the 2d . a Parliament being Summoned to be holden at Westminster , it was Prorogued before they could meet , and Writs were sent to signifie that they need not come . In the 18th year of his Raign , having Summoned the Earl Marshal to be at a Parliament , to be holden at Winchester , secunda dominica quadragessima prox . futur . and being informed by some of the Nobility , that by reason of the shortness of time , they could not sufficiently provide themselves , Prorogued the Parliament to Octabis Paschae prox futur . In the Printed Statute made at Lincoln in 9 E. 2. Mr. Pulton hath by his Modern Ph 〈…〉 , mentioned that Statute to have been made by the Assent of t 〈…〉 〈◊〉 , Earls , Barons , and other great Estates ▪ but the origi●●l Record is only Prelats , Countz , Ba 〈…〉 〈◊〉 〈◊〉 . And in 5 E. 3. it was mistakenly 〈◊〉 by the Abridger , that all the Estates in full 〈◊〉 ( the King being not with his Power of Pardoning 〈◊〉 other his Rights of Soveraignty comprehended 〈◊〉 that notion ) did agree that none of them should retain , sustain , or own any Felon , or other Common Breaker of the Law. And the whole Estate ( whereof the King was not likely to be one ) moved the King to be Gracious to Edmond Son of the late Earl of March , who asked what they would have done , sith King Edward the 2d . was murdered by the procurement of the said Earl , they Answered for certain Lands Entailed ; the Kings Answer was , that the same should be done at his pleasure . In Anno 6 E. 3. The Parliament Adjourned ( which was done by no other than the King ) because most of the Estates were not come . The Archbishop of York , and his Suffragans , and Clergy came , but the Archbishop of Canterbury and his , did not by reason of the contention betwixt them for Superiority of bearing up their Crosses , whereby the same was not only a loss of an opportunity for Scotland , but also an insupportable charge to the whole Estate , saith the Erroneous Abridger of the Parliament Records by a new Re-assembly , ( which could not be intended of the King , who then was there resident at his Palace of Westminster , ) to which they were Summoned . For the efficient Formal and Final cause of our Parliaments or great Councels being vested in our Soveraign Kings and Princes , and in no other solely and incommunicably , none of their Subjects did or could ever rightly understand or believe that any of those great Councels or Parliaments summoned upon great and weighty emergencies of State accidents or dangers which were to be suddenly heeded by preventing or avoiding imminent or Impendent evils by their wary and deliberate consults put into a speedy Execution , could ever receive a certain and continual fixation , or be obliged thereunto , for that besides the fertility and growth of Hydras & innumerable mischiefs and Inconveniences , not long ago wofully experimented , it would altogether contradict and be against the nature , reason and being of our Kings and Princes , summoning or calling of Parliaments according to the ancient and Laudable constitutions of our Nation . It being as unusual as improper , to Summon or call Parliaments , pro quibusdam arduis , when Hannibal is not every day ad portas , but sometimes ruining himself and his Army at Capua , when our Kings have their continuum Concilium , private Councel and cares in a perpetual watch for the preservation of them and their people , when the Ardua are but the well foreseen Accidents and Dangers likely to happen and fit to be prevented , and it is not pro omnibus arduis , but quibusdam , and the Civil Law can inform us , That Accidens appellatur quod adesse aut abesse potest preter Subjecti corruptionem & de donat ante nupt . Accidens is defined to be , 1. Quod Accidit . 2. Quod inheret Subjecto oppositum substantiae . 3. Quod est extra essentiam rei ut neque intra attributa essentialia , neque desinitione Essentiali exprimitur . For a Fleet of well Rigged and furnished Ships doth not call a Councel , or cause all the Commanders , Captains and Pilots to come on board the Admiral for every little storm or quarrel of the Winds and Seas . Nor our Generals of an Army at Land call a Councel of War for every small alarm or beating in of the Scouts . And our Kings without Assent or Act of Parliament have appointed Terms or times for the orderly dispatch of Law affairs in the distribution of their Justice in their many other Courts of Justice . And our inferior Courts Baron , and Leet and Hundreds have been contented with lesser Periods . And a standing perpetual Parliament either in Actu or potentia was never yet known or used in England , when its Constitution , Writs of Summons and Usage doth at all times and should declare the contrary . And as extraordinary Accidents , dangers and emergences in a Kingdom and Government , and their greatest concernments are in no wife to be slighted , delayed or neglected , but suddenly endeavoured to be prevented , escaped , avoided or lessened , though it be to no small charge , attendance and trouble put upon the Lords Spiritual and Temporal and Members summoned and caused to convene and come from several parts remote or further distant , as in their Duty and Allegiance they are obliged to attend their Soveraign , and come to the General Consult of a Parliament , so is it to be considered , that the Speculator and Prorector of our Kingdom and Nation under God , ( just allowances being always to be made of natural rests and refreshments , and competent care of health ) cannot be Master , if he could , of much time , whilst he is to encourage and maintain the Publick Good of his People , and Guard them from any evils or inconveniences which do or might assail them , in his care and distribution of Justice in all the complaints and Petitions of a numerous and mighty People , in the issuing out of Writs , Edicts and Proclamations , which do every day , and hour in the year , almost imploy his Ministers of State and substituted in their several stations and qualifications , Sundays , and the grand Festivals in every year not always escaping , and the not to be expressed almost perpetual cares of a Kingly and Monarchick Government , largely attested by the many Patent , Charter and Clause , Rolls , brevia Regis , Rescripts , Commissions , Certioraris , Writs of ad quod dampnum Inquisitions cum multis aliis in the Raigns of our Kings and Queens , now lodged and preserved in the Tower of London , the Exchequer , and the Treasures thereof , with the Records of the other Courts , with what else could be rescued from the ravage of War and Time , together with the Memorials of their Secretaries of State , Privy Councel Table Books referrences , and the returns thereof , hearings of causes , complaints and orders and redresses thereof , with a necessary Inspection and Survey in and of all the affairs and conditions of his people , and their well or ill being when the cares of government were so accompted to be an heavy burden for Moses in his conduct of an affrighted and oppressed people of Israel driven out of Egypt with six hundred thousand men on foot , besides Women and Children with their Flocks and Herds in their travelling and unsetled condition through the wilderness , towards their hopes in the Promised Land of Canaan , with murmuring enough in the hearing and determining of their Suits and Complaints one against another , raised in Jethro his Father-in-Law such a compassion of his Labour and Toil therein , as he told him , he would surely wear away both himself and the People , and therefore Councelled him only to reserve hard matters unto himself , and appoint out of the People able Men , such as fear God and love the Truth , hating Covetousness , to Judge the People in smaller matters . Wherein they that shall rightly consider the cares of Kings and Princes , and the trouble of preserving and doing good to a far greater number of People ( not seldom as unto too many against their Wills ) may think themselves to be happy under the Protection of Gods Vicegerent , and bound to obey with cheerfulness his Providence therein , and that it was never intended by our less murmuring and more grateful Ancestors , to make perpetual extraordinaries , or a standing Court of Parliament , which could not fall within the Reason , Necessity or Practise of any good or rational Government , and if it could as it never can , must of necessity tear in pieces our happy best Established Monarchy , and Sacrificing it to an inexorable misery , leave our Posterities to be tossed and driven in and upon the Waters of Strife , Self-interest and Vain Imaginations , and in the fear , without any cause of an Arbitrary Power of our Kings , never like to happen over-hastily , and madly run into the Arbitrary Power of a multitude , or some prevailing Party of plundering and pretending Reforms amongst them , many of which is and will be the worst of all Arbitraries of a Rude , Ignorant , Unreasonable and Senseless multitude , with the greatest certainties of miseries , as fatally as inevitably likely to happen . §. 32. That Parliaments or great Councels de quibusdam arduis concerniug the defence of the Kingdom and Church of England neither were or can be fixed to be once in every year or oftner , they being alwaies understood and believed to be by the Laws and ancient and reasonable Customs of England ad libitum Regis , who by our Laws , Right Reason and all our Records and Annals is and should be the only watchman of our Israel , and the only Judge of the necessity , times and occasion of summoning Parliaments . FOR notwithstanding that by an Act of Parliament made in the 4th year of the Raign of King Edward 3. It was accorded that a Parliament should be holden once in every year , and more often if need be ; And in an other Act of Parliament made in the 36th year of the Raign of the aforesaid King Edward it is said , that for the maintenance of the Articles and Statutes ( made in the said Parliament of the 36th ) and redress of divers mischiefs and grievances which dayly happen , a Parliament shall be holden as at other times was appointed by a Statute , yet the latter Act of Parliament was but with reference to the former , and that imparted no more than that a Parliament shall be holden once in every year , and more often if need be ▪ and howsoever that in the 50th year of the Raign of that King the Commons renewed their petition that a Parliament might be holden , that Knights of the Parliament might be chosen by the whole Counties , and that the Sheriffs might likewise be without brocage in Court , the King only answered to the Parliament , there are Statutes made therefore to the Sheriffs , there is answer made to the Knights , it is agreed that they shall be chosen by common consent of every County , and in Anno Primo R. 2. petitioned the King that a Parliament might be yearly holden , in a convenient place to redress delays in Suits , and to end such Cafes as the Judges doubt of , which the Consequences after will shew , were only to be at the pleasure and will of the King , as his prudence , care and necessity of himself , and the publick good should necessarily advise if the true Interpretation of both those Acts of Parliament , could , as it never can bear any other signification , for although that which next followed that Act of Parliament , made in the 4th year of the Raign of that King , was in the next year after , yet that which succeeded that was in Anno 6 and not printed . For the Parliament was for a few days Adjourned , and being after holden at York , was for a short time likewise Prorogued , and afterwards the Assembly being not come , was Adjourned until the 5th of St. Hillary next following at York , and from thence again to a Reassembly at the same place , at the end of which Re-assembly , the Commons had License to depart , and the Lords were commanded to attend him the next day , at which time the Parliament was Dissolved . The Duke of Cornwal , the Kings Eldest Son as Guardian of England , by the Kings Letters , Patents , held the Parliament at Westminster , and a memorandum made to Summon the Parliament at the 5th . of St. Hillary next following . And the Commons upon the Kings demand of an Aid , alledge that they cannot agree thereunto without further conference with their Countries , pray a respite of time until they return from thence . For that sundry of the Lords and Commons were not come , the Parliament was Adjourned for some few days . In regard the Commons had so long continued at their great costs and expences , they desire Answer of their Bills , and a deliverance . Lionel Duke of Clarence the Kings Son , held the Parliament . The Parliament for certain causes was Adjourned until Monday next , after the Feast of St. Edmond the Martyr . After the Petitions of the Commons not before Answered , were read , and answered before the King , Lords and Commons , the King Licensed the Commons to depart , and the Parliament ended . And although in a Parliament holden in Anno 4. E. 3. ca. 14. It is accorded that a Parliament shall be holden every year , and more often if need be , yet in Anno 5. there being one , there ensued none after until 9. in 10. there was one , from thence until 14. none , in 15. another , after which none until 18. after which none until 20. thence none until 23. none after until 25. thence none until 27. and in that of 25. were 6. several Sessions , wherein several Acts of Parliament were made , in Annis 28. & 29. Parliaments were holden , but none afterwards until 31. thence none until 33. thence every year until 36. In which an Act was made , that for maintenance of the said Articles and Statutes in the said 36 years ordained and redress of divers mischiefs and grievances which may happen , a Parliament shall be holden every year , as another time was ordained by a Statute in 4 E. 3. cap. 14. in 37. & 38. Parliaments were holden , from thence none until 45. another in 47. another in 50. In Annis 1 , 2 , 3 , 4 , 5 , 6 , 7. none , in 8 , 9 , 10 , 11. and in every year after , during his Raign a Parliament . 1 , 2. Parliament in one year , in 2. a Parliament , in 3. one , in 4 , 5 , & 6. one , in 7. none , in 8. one , in 9. one , in 10. none , in 11. one , in 12. none , and in 13. one . 1 , 2 , 3 , 4 , 5. Parliaments none in 6. but in 7 , 8. & 9. were Parliaments . 1 , 2 , 3 , 4. were Parliaments , but none in 5. & 7. in 10 , 11. Parliaments , in 12. & 13. none , in 14 , 15. were Parliaments , in 16 , 17. none , in 18. one , in 19. none , in 21. & 22. none , in 23. a Parliament , in 24. none , a Parliament in 25 , in 26. none , in 27 , 28 , & 29. were Parliaments , in 30. none , in 31. one , in 32 none , in 33 one . 1. one , in 2. none , in 3. & 4. were Parliaments , in 5. & 6. none , in 7. & 8. Parliaments , in 9 , 10. & 11. none , in 12. one , in 13. none , in 14. one , in 15 , & 16. none , in 17. one , but in 18 , 19 , 20 , 21 , none , in 22. one . But 1 Parliament , though he lived a few years after . In some part of whose Raign . many of the Acts of Parliament being not to be found , the first that appears amongst the Printed Acts of Parliament , was in the 3. year of his Raign , 2 Parliaments were held in that year , and a 3. in the 4th . year of his Raign , none in the 5. & 6. but one in the 7th . and no more until the 11th one in the 12th . and no more until 19. 1. And thence none until the 3. and after every year a Parliament until the 8th . year of his Raign , ( In which the like misfortune happened unto the Parliament Rolls for many years , as it did in the Raign of his Father King Henry the 7th . ) in 14 , & 15. there appeareth to have been an Act of Parliament , and from thence no more until the 21. and thence a Parliament in every year until 30. and in that year none , but in 31. and thence every year a Parliament until 36. wherein was no Parliament , but in 37. one . 1 , 2 , 3 , 4 , 5 , 6 , 7. A Parliament in every year . 1. Mar. 2. Sessions , 1. & 2. Philippi & Mar. & 3 , 4. & 5. A Parliament was in the first year of her Raign , and from thence none until 6. and thence none until 8. from whence none until 13. thence to 15. and afterwards none until 18. and from thence none until 23. thence none until 27. none in 28. and but one in 29. none in 30. one in 31. thence none until 35. thence none until 39. thence none until 43. 1. one , in 2. none , Parliaments in 3 , & 4. none in 5. & 6. from 7. none until 18. thence none until 21. In Primo Caroli Regis 1. in 2. none , in 3. & 4. another . No complaints being in those Internals of Parliament made for want thereof , and that blessed Martyr having granted to the great inconveniences of his Regality and necessaries of his Monarchicque , more than was fit for his Subjects to ask which was dearly after paid for after by many a suffering Loyal Family in the late long Rebellion , did in the granting of the Act of Parliament the 16th . day of November , 1640. for a Triennial Parliament to be holden in every 3d. year , declare unto them in these words , viz. My Lords , and you the Knights , Citizens and Burgesses of the House of Commons , you may remember when both Houses were with me at the Banqueting House at Whitehall , I did declare unto you two Rocks I wished you to eschew , this is the one of them , and of that consequence that I think never Bill passed here in this House of more favour to the Subjects than this is , and if the other Rock be as happily passed over as this shall be at this time , I do not know what you can ask , for ought I can see at this time , that I can make any question to yield unto , therefore I mention this to shew unto you the sense that I have of this Bill , and obligation as I may say that you have to me for it , for hitherto , to speak freely , I have had no great incouragement to do it if I should look to the outward face of your actions or proceedings , and not to the inward intentions of your hearts , I might make question of doing it . Hitherto you have gone on in that which concerns your selves to amend , and yet those things that meerly concern the strength of this Kingdom , neither for the State , nor my own particular . This I mention , not to reproach you , but to shew you the State of things as they are , you have taken the Government almost in pieces , and I may say it is almost off the hinges . A Skilful Watch-maker to make clean his Watch , he will take it asunder , and when it is put together , it will go the better , so that he leave not forth then one pin in it . Now as I have done all this on my part , you know what to do on your parts , and I hope you shall see clearly that I have performed really what I expressed to you at the beginning of this Pailiament of the great trust I have of your affections to me , and this is the great expression of trust , that before you do any thing for me , that I do put such a confidence in you . Which was such an Assent to an Act of Parliament to ruin himself and his Monarchy , as never was asked or imposed upon any King or Prince , not a vassal unto any Prince or Republick , or by any King granted unto his Subjects , that did not intend to make himself to be either a Subject to his Subjects , or a fellow Subject unto he could not tell who , which that ensnared necessitated , and every where almost betrayed Prince , did never intend or think to be rational , or any thing but an oppression and force put upon him by too many of his Rebellious Subjects , when he was so pinched and surrounded with Perils and Hazards of the greatest importance , either as to the saving of himself , or his Royal Posterity and three Kingdoms , when the Faction of 5 , or 6 , of some ambitious and unquiet Spirits backt with a lurking Scottish contrived Universal Rebellion , the villany of some of the unquiet nonconforming Clergy , and the Bestial ignorance of the Rabble had forced him to a condescension of an Act of Parliament in the 16 year of his Raign , that if he did not summon a Parliament once in every three years , his Chancellor or Keeper of the Great Seal of England , or Commissioners thereof upon their Oaths after a certain prefixion of daies , and under a penalty to be incapable and suffer such Censures as both Houses of Parliament should inflict , should be obliged to do it , wherein if he or they should in like manner fail , any 12 or more of the House of Peers should do it , and cause Writs under the great Seal of England to issue forth for the summoning of an yearly Parliament , all Clerks of Offices that were used to officiate therein were commanded , under the pain of incapacity and forfeiture of their Offices , and such other Penalties as that terryfying Parliament should ordain , if any Sheriff , Mayor or Bayliff disobeyed , he or they were to suffer the Penalties of a Praemunire , and the people were to proceed to an Election , and send those that they Elected to the Parliament to be holden once in every year wherein the King was to be personally present , and he or both — Houses within the year might adjourn , prorogue or dissolve the same , the House of Peers might appoint their own Speaker , and the House of Commons theirs , the King might nominate by Commission one or more to take of the Members of the House of Commons in Parliament the Oaths of Allegiance and Supremacy , and they that refused to be punished by the House of Commons , they that sought to disturb or hinder those Orders for frequency of Parliaments , were to endure the Penalties of Praemunire , take no benefit by the Laws , be incapable of any Inheritance , Legacy , Gift or Grant , and be disabled to purchase by themselves or any other , or capable of any Office , Use , or Trust. §. 33. That all or any of the Members of the House of Commons in Parliament are not properly , or by their original constitution intended or otherwise entituled , or properly , truly , justly , lawfully seized or to be stiled or termed Estates , neither are to be so understood or believed to be ; and being to be no otherwise than subject to a temporary Election , and by the authority of their Kings Writs paid their wages and charges , by those that sent and elected them , can have no Just or Regal Right thereunto . FOr that the Title or usage of the Word Estate cannot bear or carry any other acceptation , interpretation or signification than a party or condition of men elected by a Community composed of several sorts of men anciently and originally ( the Electors and the Sheriffs themselves excepted ) as their Procurators or Attorneys to be present in Parliament ad consentiendum iis , to consent unto , obey and perform such things as the King by the advice of the Lords Spiritual and Temporal should be pleased to ordain . For the word Status or Estates truly , legally and properly understood either now or anciently , can have or receive no other signification , Etymology , Interpretation , common use , proper or true understanding or meaning than , Status est duplex publicus est dignitatis & honorum l. cognitionem l. 5. F. De extraordinariis cognitio privatus est hominis conditio ipsum privatum concernens & spectatur in tribus in libertate in Civitate in familia l. Fin. F. de cap. dim : Ideo statum mutare dicitur qui mutat illud Jus quod habet in isto casu servi statum non habent Cal. 9. Unde dici solet servus caput non habet Minsh . statum unde capitis diminutio quod status diminutio Meulf . p 71. Statum mutant liberi omnes qui vel ( ivitatem vel libertatem , vel familiae Jus amittunt Cal. 5. Status personarum conditionem significat sicut Ingenui libertini servi Cal. 9. 29. prat . Status dicitur conditio qualitasve personarum qua quis plurimum potest , appellatur in Institutionibus Jus personarum Cal. 6. Gradum pro existimationis & honoris loco usurpari , notum est hinc in Gradum reponere est disjectum restituere Spieg. prat . Gradus in Agone literario tres sunt ut doctores legum & seq . Baccularii Licentiati Doctores . Status Curia comitatus Aula Regis Jacobus de vitriace lib. 3. pag. 1126. de sapphedino primo die recepit ipsos ( legatos Christianorum ) in prima scala de Cairon ubi semper est status ejus Statutarii sunt Magistratus qui statuta odunt , vel horum observationes invigilant , vel secundum ea judicia sua odunt Charta Annum 1322. infrascripta statuta conscripta per Dominos Jurisperitos electos per dominos statutarios Bulla p. p. data Lugduni in M. pastorali Eccl. parisiensi lib. 19. ca. 15. Excommunicatos nuncios , Statutarios et Scriptores statutorum ipsorum . Alia Bonifacii 9. p. p. Anno 1391. Apud Goldastum to . 2 constit . Imper. Potestates vero Consules statutarii & Scriptores Statutorum praedict . nec non consiliarii locorum ipsorum qui secundum Statuta & consuetudines memoratas judicarent , &c. Status , Statura Gregorius Taron . lib. 4. Hist. cap. 24. Celsum Patriciatus honore donavit , virum procerum statu , in scapulis validum lacerto robustum , &c. Mon. Sangallensis l. 1. cap. 19. de quodam Ep. qui cum familiaritate illius animari caepisset in tantam progressus est proterviam , ut virgam auream incomparabilis Caroli , quam ad Statum suum fieri Jussit , feriatis diebus vice baculi ferendam pro Episcopali ferula improvidus ambiret . Status , Sedes , Statum facere sedere morari , Ethelwerdus lib. 4. cap. 3. Attamen oppressi lassatu desistunt pugne barbari & sterilem obticient tunc victorie Statum . Status pro Stallo Monachorum & Cannnicorum in Ecclesia Galbertus in vita Caroli Com. Flandr . n. 72. Status simul & sedes Fratrum dejectae sunt . Idem . n. 98. Inter columnas quippe solarii specula & Status suos ex scriniorum aggoribus & cumulis scamnorum prostituerant , Stephanus Tornacensis Epist. 12. Assignetis ei statum in Choro , sicut habere solet , sedem in Capitulo Locum in Refectorio statutum de Installatione Canonicorum Bononiensium in Morinis : Assignaturque sibi status in Choro secundum qualitatem & capacitatem recepti , & locus in Capituli . For they must have no small influence upon the minds and reason of mankind , as well as that which they designed , to have upon the Estates of those that would be so credulously foolish as to believe them to be a third Estate , to be added unto the former two very ancient Estates in times of Parliament , viz. The Lords Spiritual and Temporal , and it must be a strong and strange kind of delusion as much or more enchanting than the Magicians or Southsayers of Egypt that could not expound the meaning of Pharaohs dreams or far exceed the Art of the Painter that made Zeuxis Grapes so very semblable , or like unto them as the Birds were made Fools , and essayed to eat them , or how should or would be self created Estates think themselves to be such Estates , when if any such could have been , or ever had been , they must rather have been the Estates or such Estates that sent them , but not to be such Estates , but only as their Procurators , Attorneys or Deputies , or what an efficacious strange Art must it be , that could when miracles have been long ago ceased , make a shadow pass for a Substance , those that are at home no such Estates , but they that were only sent , are no sooner once admitted in Parliament , but suddenly and ex se they become parts of that they would call the third Estate , when they that sent and helped to make them Members of Parliament , know of no such Grandeur or title bestowed upon them , how , or by whom when they were in Drink or Fudled at the time of the Election , or Drinking Cheating day of various and senseless bribing , bargaining partialities , shamefully exercised in those our late times of Rebellion and Confusion ; when some that were Electors ( the Sheriff of the County being not himself to be Elected , but commanded to cause the Election fairly to be made of Burgesses for Cities or Towns justly sending Knights of the Shires , Citizens or Burgesses to Parliament ( not having a freehold Estate under forty shillings per Annum , is at the same time thrashing in another Mans Barn , or at Plow , or at some dayly servile labour , and neither he or his High-Crown-Hatted-Wife knew of any such honour fallen upon them , or how such an hic or ubique Estateship vested in him , or how he that is represented should be less in degree or honour than he that sent and helped him to be Elected , and it will be difficulty enough for the third Estate Asserters to assail them from Perjury and Treason in their endeavouring to usurp upon their Soveraign , and to be coordinate with him , or to free them from the forfeiture of their Lands and Estates unto their Mesne Lords . And it is very probable that King Henry the third in the 52 year of his Raign , and his Parliament did not intend to make the Common sort of People or smaller part of the Nation to be equal with the Archbishops , Bishops , Abbots , Priors , Earls , Barons , and Religious Men and Women , who were by that Statute exempt from coming to the Sheriffs turn , or being ranked with them as Estates ; the Sheriffs turns being as Sr. Edward Coke saith ordinarily composed of the Bayliffs of Lords of Manors , Servants and other Common sort of people , that Court having no Jurisdiction to try any Action other than under forty Shillings value . And there could not certainly be a greater parcel of wickedness , credulity and ignorance hardly to be decerned or distinguished , how they or any of their Adherents can harbour or give any entertainment to the least Embrio or parcel of opinion , that all , or any of the Members in the House of Commons in Parliament , are a third Estate when they themselves did so little believe it as in their frequent Petitions in Parliament unto their Kings they could give themselves no greater a Title than your Pauvrez Communs your Leiges , and being asked their advice in Parliament touching some especial matters , denied to give it themselves , but referred it unto the Councel of his Lords Spiritual and Temporal , at another time refused because they had no Skill or knowledge in the affairs of Peace or War , ( the principal parts of government ) and in the 13th year of the Raign of King Edward the third upon that Kings demand of an unusual Tax upon the Common people , as they thought , prayed leave to go into their several Counties to consult those that sent , and returned again , with an Assent and Answer ; And when King Henry the fourth appeared to be offended with them , came sorrowfully before him , and humbly begged his pardon , could not as it appears in several of our Parliament Records , when the protection of themselves their Posterities and Estates were deeply concerned , give their Kings and Princes any Aids or Subsidies without the consent of the Lords Spiritual and Temporal , that in the Raign of King Henry the fourth could not protect Sir Thomas Hexey one of their Members from an Accusation and Punishment by the King , that in the Raign of King Henry the sixth could not support their own Clerk , and in the Raigns of several of our Kings have been enforced to pray Aid of them by their Writs out of their Chancery to protect themselves and Moenial Servants in time of Parliaments . That Queen Mary caused 39. of their Members to be indicted in the Court of Kings Bench for being absent from Parliament , wherein none of them though Plowden a very learned Lawyer was one , durst adventure to plead or insist upon any their pretended Soveraignty of Parliament , or that they were a third Estate or part thereof , That Queen Elizabeth one of the greatest and most vertuous of Princess that ever weilded a Scepter , and sate in our English Throne could upon no greater an offence of Bromley and Welsh two of the Knights of the Shire for the County of Worcester then endeavouring to Petition the House of the Lords to joyn with them to supplicate her Majesty to declare her Successor , did forbid them to go to the Parliament , but keep their Chambers , and shortly after committed them Prisoners in the Tower of London , and did not long after , sitting the Parliament , Arraign and try in her Court of Kings-Bench for High Treason Doctor Parry a Member of Parliament , and caused him to be drawn , hanged and quartered , and may read that in 16 R. 2. in an Act of Parliament made against Provisions at Rome under a Penalty of Praemunire the Commons by the name of the Commons of England three times repeated not stiling themselves a third Estate , petitioned the King that the Estates , viz. The Lords Spiritual and Temporal ( herein acknowledging the Praelates to be of great use to the King ) might declare their resolutions to stand to and abide by the King ; and had never presumed so high as publickly to print and declare that the Soveraignty is inherent and radicated in the people , if they had not plundered or sequestred the Devils Library of Hellish Inventions , Tricks and new found devices , or met with some manuscript of them at some Auction , a Trick of trade newly found out by the Stationers . And likewise prayed the King , and him require by way of Justice , that he would examine the Lords Spiritual and Temporal severally , and all the Estates in Parliament , to give their opinion in the cases aforesaid , whereupon the said Archbishops , Bishops , and Praelates being severally examined , made their Protestations that they could not deny or affirm that the Pope had power to excommunicate or translate Bishops or Praelates , but if any such thing be done by any , that it is against the Kings Crown and dignity . And the Lords Temporal being severally examined , answered , that the matters aforesaid were clearly in derogation of the Kings Crown and Dignity . And likewise the Procurators of the Lords Spiritual being severally examined , answered in the name and for their Lords as the Bishops had done , whereupon the King by the Assent aforesaid , and at the request of the Commons did ordain and Enact the said Statute of Praemunire . And might be assured that in Holland & the united Provinces the chief of the confederate Estates with those that represent the Reistres Schaff or Nobility do usually sit at the Hague in Holland , & many times go home or send to the Towns and places they represent to receive their orders or approbation , who sometimes send their Deputies unto the Estates at the Hague with their resolutions , so as there is a wide and great difference betwixt those which our ambitious high-minded parcel of people that would be called Estates , and those that are the true and real Estates of the principality of Ghelders and County of Zutphen , Earldoms and Counties of Holland , Zealand , Utrecht , and Friziss , Omland , and the Eu , and Lovers , who did so unite and confederate themselves together with all those that would allye and unite with them , as they promised not to infringe or break any of each of their Priviledges or Immunities ( which our Members of the House of Commons in Parliament have largly done , by ejecting , turning out and imprisoning one another , putting others in their places , and making them receive their illegal Sentences and unjust Judgments upon their knees ) neither shall raise or make any Taxes or Imposts upon each other without general consent ( which ours would be so stiled Estates , have as largely done , as 48 Millions of English Money have amounted unto ) and in case any thing be done to the contrary , it shall be null and void , the Lords Lieutenants and Governors of the said several Provinces and Stadtholders thereof , and all the subordinate Magistrates and Officers should from time to time take their Oaths to perform the same , and the Governors of the Cities , Towns & Places in the said united Provinces do in especial cases send unto their Stadtholders their Assent or Ratifications before any thing be acted , which our pretending third Estates did not do , when they arraigned and murdered their King at the suit of the people , when that blessed Martyr King Charles the first asserted that they were not a tenth part of the people , and he might truly have said that there were not above one in every 200 of the deluded people of many Millions of his Subjects ( Cromwels Souldiers and Army , and the murdering Judges only excepted ) and not all of them neither that desired his death , or being so wickedly used . And can never find any reason , record or president to warrant the imprisoning , securing or secluding as they have lately called it , any of their own Members , nor are to judge of the Legality or Illegality of the Election of their Members , nor of any the pretended breach of their Priviledges , of which the King and Lords were anciently the Judges as is evident by 16 R. 2. n. 6. 12 R. 2. n. 23. 1 H. 4. n. 79. 4 H. 4. n. 19 , 20. 5 H. 4. n. 71. 78. & ca. 5. 8 H. 4. n. 13. Brook Parliament 11. 8 H. 6. n. 57. 23 H. 6. n. 41. 31 H. 6. n. 27 , 28. 36. 14 E. 4. n. 55. 17 E. 4. n. 36. cum multis aliis , but were always Petitiouers to the King for Publick Laws and redress of grievances or in the case of private persons , but very seldom petitioned unto , and then but by sometimes the Upholsters and Merchant adventurers of London , and though they had the free Election of their Speakers granted , yet they were to present them to the King , who allowed or refused them , and sometimes caused them to chuse another , never did or could of right administer an Oath to witnesses or others to be examined by the whole House of Commons as the Lords in their subordinate Judicative power usually did , had no Vote nor Judicature in Writs of Errour brought in Parliament returnable only before and to be judged by the King and his House of Lords , nor yet in criminal Causes upon impeachments wherein the Lords are only subordinate to their Soveraign to be Judges . So as the improbability , impossibility and unreasonableness of the super-governing power and pretended Supremacy of the House of Commons in Parliament will be as evident as the Absurdity and Frenzy thereof will appear to be by all our Records , Annals , Historians and Memorials , which will not only contradict the follies of those that are so liberal to bestow it upon them , but may give us a full and undeniable assurance that the representing part of part of the Commons of England in Parliament from their first Original in 49 H. 3. when their King was a Prisoner to a part of his Subjects , & they could then represent none but Rebels , did not certainly believe themselves to be either one of the 3. Estates of the Kingdom , or co-ordinate with their King , when in the first year of the Raign of King Edward the second as Walsingham a Writter of good accompt then living and writing after the 49th year of the Raign of King Henry 3. hath reported the people seeking by the help of the Bishops and Nobility to redress some grievances which did lye heavily upon them , ad Regem sine strepitu accedentes rogant humiliter ut Baronum suorum Conciliis tractare negotia regni velet quibus a periculis sibi & regno imminentibus non solum cautior sed Tutior esse possit . And when they had any cause of complaint or any grievances cast or fallen upon them by their fellow Subjects , or thrown or imposed one upon another , did not calumniate their Kings by publick calumnies or Remonstrances ( for who would not in the course of ordinary friendship , or in the case of Children or Servants to their Parents or Master take it to be an ill piece of love or duty publickly to abuse and rail at their Kings and those which were invited for helps in Councel worse than the accursed Chams discovery of his Father Noahs Nakedness , or Jobs instead of comfort better censuring friends ) did it in no worse expressions than Walsingham hath related , viz. Archiepiscopi Episcopi Abbato Priores Comites Barones & tota terrae Communitas monstrant domino nostro Regi & humiliter rogant eum ut ea ad honorem suum & populi sui salvationem velit corrigere & emendare . And when they long after found themselves as aforesaid stiled one of the 3. Estates in some of the Parliament Rolls so as aforesaid mentioned could not by any Grammar or reasonable construction , or by any Rules of any truth , sense or reason believe the King to be one of the 3. Estates spoken of or at all intended in the Journals or Rolls of Parliament , or understood so to be by the parties speaking or spoken of or unto , the Sandy and britle foundation of which ill digested opinion being not likely to get any room in any serious mans well weighed consideration . Being only made use of as a Trick of Faction and Sedition to exclude the Bishops and Lords Spiritual , on purpose to put the King in their place , whereby to make him co-ordinate with them , and the House of Peers , and help to justifie as much as they could , the fighting against Imprisoning , Arraigning and Murder of their King. And being Elected and Introduced into the House of Commons , as Procurators only , and representing for some part , not all of the Commons under their proper limitted conditions , ad faciendum & consentiendum iis , to such matters and things as in that greatest of Councels in the Kingdom , should be ordained by the King and the Lords Spiritual and Temporal there Assembled for the good and welfare thereof , under the Oaths of Allegiance and Supremacy , did not stile themselves Estates , or think they were thereunto entituled , when at the Coronation of their former and succeeding Soveraign Kings and Princes , they were in suo genere , though with different Species , Degrees , Estates & Capacities comprehended under the notion of the vulgus or common People , for until the 11th . year of the Raign of King Richard the 2d . they had no Title of Estates allowed or given unto them , and if they could make any Title thereunto , the Lords Spiritual or Praelates were the first , the Lords Temporal and Nobility the 2d . under and subordinate to their King Supream Head and Governour , and the Commons who were dispares to the Peers of England the 3d. who did notwithstanding long after in their Petitions in Parliament , take it to be honour enough to call themselves by no higher a Title than the Commons . The Kings Leiges , and his pouvrez Leiges , the word Estate , State , or one of the Estates in Parliament , being by the Invention or Phraseologie of their Clerks or Registers by hasty abbreviation , and in and but sometimes saving of labour in the aforesaid 11th year of the unfortunate Raign of King Richard the 2d . by Use and Custom fastned upon them as men , and many learned Authors have often by an Incuria done , when in their writing of Ancient and Former things or times , they have made use of words or expressions of the present times , as more intelligible , as Duel for Battle or Camp Fight , Parliament for our seldom or greatest Councels , hint for intimation or spoken of before , the last of which being known only to have been here introduced in the late Covenanted Scotch and English Rebellion , by Mr. Alexander Henderson , or the late Senseless , Proud , False and Insignificant Titles of Honour , or Respect of an Alderman , assumed by such as paid a great Sum of Money as a Fine , not to be an Alderman , and so became revera no Alderman , with as little Reason as the Citizens Wives of London , as low as the Meal-man's and Bricklayer's , do think themselves clownishly handled or dealt with , if they be not at every word stiled Madam , cum multis aliis his nugis Curialibus , of the misusage and impropriety of words misapplied , without any consideration had of the intention and true meaning of the Authors , and the times wherein they lived , and the mode and usage of the words in former and latter times made use of , for the better signification and expression of mens meanings , either writings , reading , or modus loquendi , viz. by an ignorant Bellum Grammatical , make Rebellion to be as necessary as Religion , and Rebellion to be Religion . Who could not without the Power or impulse of dreaming , or some wild imagination be Estates in very deed , when they took and sued for their Wages in coming to the Parliament , tarrying and returning , and have been told by some of our Kings in Parliament , that they were but Petitioners , which they then did not contradict , which the higher sphered Lords in Parliament , never did more than enjoy a Priviledge Anciently allowed , but rarely made use of by them in the hunting and killing a Deer , as they travelled through any of the Kings Forests or Parks , in their way to advise and serve their Kings , in those their greatest of Councels , and in our Statutes and Acts of Parliament , penned by the Judges and Councel of our Kings , in their former and much better Usage and Custom of drawing and penning our Acts of Parliament , of late left only to be framed by Sollicitors , and the Prosecutors and Contrivers thereof , so as the word Estates is rarely to be found therein . And so little were the Parliamentary Commons of England obliged to the old approved good Writers and Historians , as Asser Menevensis , Ingulfus , Roger Hoveden , Gervasius Tilburiensis , William of Malmesbury , Matthew Paris , Brompton , Knighton , and many others contemporaries to our Brittish , Saxon , Danish and Norman Kings and their Successors , and if their Testimonies will not pass with these Reeord Scrap-mongers who would wrest and wring every thing they can meet with to their Seditions and Treason hatching by false and wicked glosses and misinterpretations , the Parliament and Statute Rolls that do every where give evidence as an everlasting truth unto what that blessed Martyr King Charles the first hath so truly asserted in his Answer to the Rebel Parliament 19 Propositions , when the Secretary or Sir Edward Hyde by a mistake had allowed them the Title of Estates , which being decryed by the Lawyers and Loyal Members of the Loyal Parliament at Oxford then attending , viz. Sir Orlando Bridgman , Sir Geffry Palmer , and Sir Robert Holborn , had not so passed but that the post could not be recalled , yet howsoever the Rebellious party at London , that were so willing to catch at that ( as they thought ) advantage , might have seen read in the words cohaerent in the same Paragraph an exception in the words following in a Parenthesis , viz. but never intended to have any share in the government . And they that heretofore did take it for an especial honour to wear many of the Peers and Nobilities Liveries , and glad to be reteyners to them , were so modest as to be unwilling to assume the Title of an Estate in Parliament , when in Parliament conferences , passing of Bills , Messages , or other occasions the House of Peers sate covered that third Estate if it could be so called , stood and are to stand uncovered . And Mr. Pryn one of their greatest Champions that did more than he should to magnify their Customs and Priviledges , was at length constrained to acknowledge that in all the Parliaments of King Edward the third Richard the second , Henry the fourth , fifth , and sixth , Edward the fourth , and Richard the third , the Commons in Parliament never claimed nor exercised an such Titles or Jurisdictions as of late years have been usurped by them or given unto who never until they ran mad with Rebellion who never presumed or pretended to make Print or Publish any Act Ordinance or order whatsoever relating to the People or their own Members without the King and Lords Assent and Concurrence , never attempted to impose any Tax , Tallage , Charge , Excise or Duty upon the people without the King and Lords consent , never adventured to appoint any Committee or subcommittee to hear and determine any particular business or complaint without the report thereof to the whole House of Commons , without the privity or Assent of the House by way of transmission or impeachment to their superior Authority and Judicature of the House of Peers never attached , fined , imprisoned or censured any person by their own authority without the Lords , as they have hundreds of late years done . And that very famous Ancient and Great Republick of Venice Crowning their Doge with an Imaginary Crown for Venice and two other real and very Crowns , the one for Cyprus and the other for Candy , both Kingdoms revera in their actual possession , yet as the lesser in the greater bound up and captivated under a strange diversity of Forms and Cantons hath not the Priviledge to read a Letter without the Privity or overlooking of the grand Consiglio or Venetian Nobility , hath besides their many great Varieties and Fragments of Magistracy , Offices and Parts of Governments , cut into as many Parcels as they can to give every one as much Relish and hopes as their largely extended dominions can afford , are not without at the first 150 , since augmented into the number of 3000 of those which they stile Nobility , and makes a principal part of the first quality or concern in their government , as our Bishops and Lords Temporal , the former being Barons as much as the latter for their lives , although not as the latter in Fee or Fee-Tail , and amongst the many particles or pieces of their mangled government can allow their Doge to be the Superior , and more than Co-ordinate with all or any of the Avogardoit di Communite , & the Pregadi that are to guide their chief affairs of Estate , and consist of 120 Noblemen , some whereof have their rights of the Lottery or Balloting Box , their greatest Councel consists of the Doge , Consiglieri the Consiglio di dioci , the third Consigliera de bassa , the three Lords of the Raggioni Vecchio , the three Lords of the Raggioni Nuevo the Cattaveri or the Inquisitors of truth , the two Censori , the three Provisori delli dieci Savii ( or special wisemen ) and that which should be the wonder , the Colledge of the Savii are to have no Vote in the Pregadi , and they of the Pregadi , can take no resolution except there be in it four Consiglieri , or at least 60 of the Nobility be of the Quorum , or that they do ordinarily give order to their Embassadors in all parts of the World whither they have been sent to Register , and give an accompt to their State or Senate , or whatever they can be called of the the several forms of government in other Nations and Kingdoms , and yet omitting the Feudal the best of all governments happily experimented in the most of their Neighbour Nations and Kingdoms so pertinatiously as they do , and have such an hotch potch or Gallimaufry of mixtures as we say in England , as if they were again to be dislocated or taken in pieces , that great republick planted betwixt the two great Empires of the West and East would in all probability be on a sudden in as great misery , distress and confusion , or greater than it was when they fled from the Ravage and Fury of the Huns and Vandals into the Arms and Bosom of the Gulf of the Adriatique Sea , and Mr. Selden hath informed us that in England in the Saxons time , and long after the middle Thanes and the Valuasers were not honorary as the greater Thegnes or Barons were . And it may be worthy our observation , that although Mr. Pryn in his careful recapitulation before mentioned of the Lords Spiritual , the Bishops , and the Earls and Barons , the Lords Temporal , & excluding the Commons until after th 49th year of the Raign of King Henry 3. doth altogether negatively conclude that there were no Commons then present , yet when he comes to rectify , as he calleth it , the mistakes of the abridger , doth in Anno 5. E. 3. relate that the Estates in full Parliament do agree that they shall not retain , sustain or avow any Felons or Breakers of Houses , which the King having commanded before , is truly and properly to be understood of the Lords Spiritual and Temporal ; And in another place of the said record mentioneth that the whole Estate prayed the King to be gracious unto Edward the Son of Roger Mortimer Earl of March , which could not inforce the King to be one of the Estates , or that there were any other or more Estates than the Lords Spiritual and Temporal . Anno 6. E. 3. were Proclaimed the Articles agreed in the last Parliament , and 1 , 2 , 3. in another Parliament intended to be at York , it is said that most of the Estates were absent , Sir Jeffry le Scroop by the Kings Command shewed the cause of summoning the Parliament , but for that most of the Estates were absent , which might consist only of Lords Spiritual and Temporal , and the King ordained new Writs of Summons to be issued . In a reassembly at York in the same year , Articles of the last Parliament were proclaimed by the Steward and Marshal of the King and the Commons ( not then said Estates ) had license to depart , and the Lords commanded to attend until the next day , at which time the Parliament was dissolved . In Anno 8. E. 3. It was petitioned that no pardons be granted unto outlawed persons by any Suggestions or means , but only by Parliament . To which the King answered , the Statutes made shall be observed . That all men may have their Writs out of the Chancry , paying nothing but the fees for the Seals , without any fine according to the great Charter nulli vendemus Justitiam , unto which the King answered , such as be of course shall be so , and such as be of grace the King will command the Chancellour to be therein gracious . Neither doth it appear that the Lords Spiritual , who in the Raign of King Stephen , held three several Councels in Secular Affairs , and of King Henry the 2d . were sundry times Mediators employed by him in Treaties betwixt him and the King of France , or that the Lords Temporal , the other part of the House of Peers and Baronage of England , subordinate under their King and Soveraign , did ever take esteem or believe the Members of the House of Commons in Parliament , jointly or separately to be a 3d. Estate of the Kingdom , for they neither had or enjoyed that Title or supposed Power . In Anno 17. of King John , in the Rencounter or Rebellion at Running Mede , when in a pacification there made with some of his robustious Barons , it was agreed , that if the Conservators ( none of them which were then nominated to be the Conservators of the Kingdom , being then called the Estates ) could not obtain a just performance of that constrained agreement by a complaint made unto the King , or his Chief Justice of the Kingdom , populus not then dreamed to be a 3d. Estate , might ●um pravare with a salvo or exception to the Persons of him , his Wife and Children do it , and were not so imagined to be , when the Popes Legat had by his Excommunication of that King , and Interdiction of the use of Christianity in the whole Nation , constrained him to do Homage to the Pope , by an Investiture of the Sword , Crown and Scepter , and an yearly Tribute of 1000 Marks for the Kingdom of England and Ireland , to the Church and See of Rome , that Engine or Trick of Soveraignty Inhaerent in the People , or a 3d. Estate representing for them in Parliament , not then being thought necessary for a ratification of those that would magnifie themselves with that Factious and Fictitious Title of a 3d. Estate , which they durst not adventure to make use of , or mention in our Magna Charta , and Charta de Foresta , freely granted by King Henry the 3d. his Son , and that more than thirty times Confirmations , for the first whereof they believed they had made a good bargain , when they had given unto that King the 15th . part of their moveables , and were not a 3d. Estate , or called so in the 42 year of the Raign of that King , when the Derogatory Act of Parliament to Kingly Government , was enforced from him at Oxford in the 42 year of his Raign . Anno 13. E. 3. The Bishop of Durham , and Sir Michael de la Poole came from the King with a Message to the whole Estates ( which probably were then none other than the Lords Spiritual and Temporal ) concerning his Victories atchieved in France . The Lords upon the Kings want of Money , grant to the King the tenth Sheaf of Corn ( their Bond or Bond-Tenants excepted ) their 〈…〉 h Fleece of Wooll , and 〈…〉 h Lamb for two years , the Commons then not stiled Estates , require time to go into their Countries to advise with those that sent them , the Commons ( not Estates ) return their Assent , and make several demands with a request , that the Sheriffs of every County , may in the next Summons to Parliament , return two Knights girt with Swords . A general Proclamation was made , that all Persons having Charters of Pardon , should resort to the Sea-coast for the Kings Service , upon pain to forfeit the same . The Commons do give the King for his Relief 30000 Sacks of Wooll , upon conditions expressed in a pair of Indentures , whereupon the Lords promised to send to the King , to know his pleasure , after long Debating , the Commons promise to give presently to the King 2500 Sacks of Wooll , so as if the King liked the conditions aforesaid , the same should run in payment , if not they would freely give it to him . Remembrances of things not finished in one Parliament , to be done in another . They granted unto the King , the ninth of their Grain , Wooll and Lamb , for two years to be Levyed out of all Towns-men , the ninth of their Goods , of such as dwelled in Forests and Wasts , a Fifteenth upon condition the King would grant their Petitions , contained in a Schedule , ( so willing were the Commons to obtain , and get what they could from the King , and so little did they think themselves to be a 3d. Estate , or an entire , or any part of Soveraignty . ) Sundry Bishops , Lords and Commons , were appointed daily to sit , until they had reduced the aforesaid Grant into the form of a Statute , and was agreed upon by the King , and the whole Estates , which could not be expounded , that the King was one of those Estates , or the other , any more than the Lords Spiritual and Temporal , leaving the Commons to be no more than they were in suis gradibus , no 3d. Estate , which beginneth , To the Honour of God , &c. And such Articles as were to continue but for a time , the King exemplified under the great Seal , Know ye that with our Bishops , Earls , &c. Certain Bishops and Lords requiring to be saved harmless against the Duke of Brabant for great sums of Money , wherein they stood bound for the King , if the Duke of Cornwal married not the Daughter of the said Duke , which was granted , and all which Letters Patents were inrolled in Chancery . And for that the King in his Stile was named King of France and had changed his Arms whereby , The Abridger of the Parliament Rolls or Records , or Mr. Pryn the Rectifier or misuser of them hath given us a curtailed Abbreviation of the Parliament Remembrances , in 14 E. 3. wherein all that the Abridger or Rectifier was pleased to give us , was that Subjects were no longer bound to him than as King of France , the Kings Letters Patents of Indempnity were granted beginning Edwardus , &c. Know ye that where some people intend , &c. When as in the Printed Statute according to the Parliament Record ( for so it may better be understood to have been the Abridger or Rectifier so miscalled might have seen that the King by the Title of King of England and France and Lord of Ireland , by his Letters Patents under the great Seal of England , reciting that whereas some people did think that by reason the Realm of France was devolved to him as Right Heir of the same , and for as much as he is King of France , the Realm of England should be put in Subjection of the King and of the Realm of France in time to come , he having regard to the Estate of his Realm of England , and namly that it never was nor ought to be in Subjection to the obeysance of the Kings of France , which for the time have been , nor of the Realm of France , and willing to provide for the Surety and Defence of the Realm of England , and of the Leige people of the same doth will and grant and stablish for him and his heirs and Successors by the Assent of the Praelates , Earls , Barons and Commons ( wherein if the Commons had in themselves an inhaerent Right of Soveraignty , they would neither have been troubled with any such fears of the French Government , or needed any such provision against it ) of his Realm of England in this present Parliament in the 14th year of his Raign of England and first of France , that by the cause or Colour of his being King of France , and that the said Realm to him pertaineth , or that he came to be named King of France in his Stile , or that he hath changed his Seal or Arms nor for the Commandments which he hath made or shall make as King of France , his said Realm of England nor the people of the same , of what Estate or condition they shall be , shall not at any time to come be put in Subjection nor in obeysance of him or his Heirs nor Successors as Kings of France , nor be subject or obedient , but shall be free and quit of all manner of obeysanee , as they were wont to be in the time of his Progenitors . For that Trick or Engine of metamorphosing the Soveraignty of the King into that of the people and by excluding the Bishops and Lords Spiritual out of the House of Peers in Parliament , unto which ab ultimo Antiquitatis seculo since Christianity abolished Paganisme they were as justly as happily entituled and put our Kings and their Regalities in their places whereby to create unto themselves a co-ordination , and from thence by the Intrigues of Rebellion a Soveraignty in themselves , which was not in the former and better Ages ever entertained or believed by our Parliaments when no Original pact or agreement hath been or can yet be discovered how or when the House of Commons came to be entituled unto their pretended inherent Soveraignty , or to be seized thereof by their representation of the people , or from whom they had it , or who gave it unto them , when it may be believed God never did it , for he that never used or was known to contradict himself , hath in his holy word declared and said , per me Regis regnant , which should not be misinterpreted and believed to be conditionally , if the people should approve or elect them for which the Gentlemen of Egregious Cavillations if they would be believed , should search and see if in all the Books of God and Holy Writ they can find any revocation of what God himself hath said and often declared , for an undeniable truth , or that he ever discharged and renounced it by as infallible Acts and Testimonies . But if any one that believes Learning and the inquires after Truth , Right Reason , and what our impartial Records and Historians will justify how or from whence that Aenigna or mystical peice of Effascina of the Members of the House of Commons making themselves to be a 3 Estate of the Kingdom , and a Creed of the late Factio●s and Rebelling ever to be deplored Parliament , or from what Lernean Lake or Spawn of Hydras came . It may besides the Pride and Ambition of many that were the fomenters or Nurses of them be rationally 〈◊〉 understood to have none other source or Original besides don Lancifer himself then for Sir Edwards Cokes unhappy stumbling upon his reasonless admired forged Manuscript and Imposture called Modus tenendi Parliamentum in Anglia in King Edward the Confessors Raign , there having been neither any Author or Record as Mr. Pryn hath truly observed to Justify or give any credit thereunto , but was as he hath abundantly prove● a meer Figment and Imposture framed by Richard Duke of York 31. and 32. H. 6. by the Commons Petition and the Duke of Yorks Confederates by the Rebellion and Insurrection of Jack Cade and his Rebellious levelling party to make him that Duke of York Protector and Defender of the People , which ended in the dethroning of King Henry 6. and though Mr. Hackwel of Lincolns-Inne a learned Antiquary hath adventur'd to say that he hath seen an Exemplification of a Record sent from England into Ireland to establish Parliaments there after the form or Method of that Modus , yet when the learned Archbishop Usher pressed him much to see it , he could neither shew the exemplication nor the Record it self , neither of which are yet to be seen in England or Ireland , only Sir Edward Cokes Copy remains , but when or from whence he had it he was never yet pleased to declare . 13. E. 3. At the request of the whole Estate ( which may most certainly have been thought to have been made to the King , not to themselves ) those Articles were made Statutes , and the Conditions were read before the King , and the Chancellor , Treasurer , Justices of both Benches , Steward of the Kings Chamber and others were all sworn upon the Cross of Canterbury to perform the same . 17. E. 3. The cause of summoning the Parliament being declared amongst the other things to be touching the Estate of the King ( who was often absent in the Wars of France ) and for the good government ( which they whom the erring Abridger hath stiled the 3 Estates , viz. 1. The Lords Spiritual . 2. The Lords Temporal . ) 3. The Commons in Parliament were to consult of so as if the Commons could be a third Estate , the King and his Estate and the government were , necessarily and only then and always to be understood and believed to be the 4th Estate principal , Superior and Independent . 18. E. 3. At which Parliament and Convention sundry of the Estates saith , that ill Phrasing Abridger or Translator whoever he was , were absent whereat the King was offended and charged the Archbishop of Canterbury for his part to punish the defaults of Clergy , and he would do the like touching the Parliament whereof Proclamation was made , and being not absent , was neither likely to be angry with himself , or resolving to punish himself . The Chancellor in full Parliament declaring the cause of summoning the Parliament , viz. The Articles of the Truce with the French King & the breaches in particular thereof , the whole Estates ( mistakenly so stiled ) were willed the King that willed or commanded being no part of them unless it could be believed that himself willed or commanded himself as well as others ) to advise upon them , & give their opinion thereof by the Monday next following . 20 E. 3. After the reading of the Roll of Normandy , and that the King of France his design to extirpate the English Nation , the Messengers that were sent by the King required the whole Estate ( no such Title being in the Original ( whereof the King could then be no part if it was said to be the whole Estate without him , for he could not be with them when he was absent in France , and had sent his Messengers unto them ) to be advised what Aid they would give him for the furtherance of his Enterprise . And Mr. John Charleton one of the Messengers aforesaid likewise bringing Letters from the Bishop of Durham , Earls of Northampton , Arundel , Warwick , Oxford , Suffolk , and Hugh le Despenser , Lord of Glamorgan , to the whole so misnamed Estate of Parliament ( when the King could not be one of them , not at all being present ) purporting that whereas the King at his Arrival at Hoges in Normandy had made his Eldest Son the Prince of Wales Knight , he ought to have of the Realm forty Shillings for every Knights Fee , which they all granted and took Order for the speedy levying thereof . 25 E. 3. Sir John Matravers pardon was confirmed by the whole missettled Estates ( whereof the King could not be accompted any of them ) for he granted the pardon . 28 E. 3. Richard Earl of Arundel by Petition to the King praying to have the Attainder of Edmond Earl of Arundel his Father reversed , and himself restored to his Lands and Possessions upon the view of the Record , and and the said Richard Earl of Arundels Allegation that his Father was wrongfully put to death , and was never heard , the whole Estates saith , that ill Translator adjudged he was wrongfully put to Death , and Restored the said Earl to the benefit of the Law ( which none could do but the King who was petitioned , and having the sole interest in the forfeiture , was none of those which were wrongfully called the whole Estates ) 37 E. 3. Where it is said that at the end of the Parliament the Chancellor in the presence of the King shewed that the King meant to execute the Statute of Apparel , and therefore charged every State to further the same ( the King could not be understood to charge himself . ) After which he demanded of the whole Estates ( so as before mistaken ) whether they would have such things as they agreed on to be by way of Ordinance or of Statute , they answered by way of Ordinance , for that they ( being to take benefit thereby ) might amend , the same at their pleasure . And so the King having given thanks to all the as aforesaid miscloped , Estates for their pains taken , licensed them to depart , which should be enough to demonstrate that the Granter and Grantees were not alone or conjoynt , and that the King giving thanks to the Estates did not give it to himself . 42 E. 3. The Archbishop of Canterbury on the Kings behalf gave thanks to the whole ( in the like manner mis-termed ) Estate for their Aids and Subsidies granted unto the King ( wherein assuredly the Archbishop of Canterbury did not understand the King to be any part of the whole Estate which the King gave thanks unto . The Commons by their Speaker desiring a full declaration of the Kings necessity , require him to have consideration of the Commons poor Estate . The King declared to the Commons that it was as necessary to provide for the safety of the Kings Estate as for the Common-wealth . Anno 6. Regis Richardi 2. after Receivers and Triers of Petitions named , Commandment was given that all persons and Estates ( which imported no more being rightly understood than conditions or sorts of men ) ( miscalled as aforesaid ) should the next day have the cause of summoning the Parliament declared . 11 R. 2. The Parliament was said to have been adjourned by the common Assent of the whole Estates ( the first time of the Lords Spiritual and Temporal being called the Estates without or with the Commons joyned with them no such names or words , appellations or Titles were either known or in use , nor any such words or Titles as Estates being to be found in the Originals or Parliament Rolls before Anno 11 R. 2. for no more appeareth in the Original than in and under these expressions , viz. Et mesme le vendredi auxint a cause & ce fest & solempnite de pasch estoit a progeno ii coveient le Roi les Seigneurs & tautx autres entendre a devotion le Parlement & coe assent le toutz Estats le Parlement estoit continez del dit vendredi tanque Lindy lendemain de la equinziesme de Pasch adonquez prochem ensuent & commandez per le Roy a toutz les Seigneurs & Communs du dit Parlement . Quils seroient a Westminster le dimengo en la dite quinzieme de pascha a plustaid & sur ceo noevelles briefs furent ●aiots a toutz les Seigneurs somons au dit parlement de yestre a la dite quinzieme sur certaine peine a limiter per les Seiguro qui seroient presents en dit Parlement a la quinzieme avant dite le quel Limdy le dit Parlement fust recommence & tenat son cours selont la request des Communs & grant de nostre Seigur le Roi avant ditz . And then but the inconsiderate hasty new created word of the Clerks in a distracted time , when the great Ministers of State in two contrary Factions , to the ruin of the King and many of themselves , as it afterwards sadly happened , were quarrelling with each other , and all the Bishops so affrighted , as they were enforced to make their Protestation against any proceedings to be made in that so disturbed a Parliament . In Anno 21. R. 2. The Bishop of Exeter Chancellor of England taking his Theme or Text out of Ezechiel , Rex unius omnibus erat proved by many Authors that by any other means than by one sole King no Realm could be well governed ; For which cause the King had assembled the Estates in Parliament to be informed of the rights of his Crown withheld , which Oration afterwards was to the same effect seconded by Sir John Bussey Knight , Speaker of the House of Commons . King Richard the second being as a Prisoner in the Tower of London made the Archbishop of Canterbury , and the Bishop of Hereford his Procurators to publish his Rem 〈…〉 of the Kingdom to the whole Estates . Which whether at at that time distinguished or divided into three doth not appear , viz. into Lords Spiritual and Temporal , and Commons could not comprehend the King , who was not to be present , but gave the direction and authority to his said Procurators , and could never have been understood to have been present , or one of them himself , or to have made such a prosecution against or for himself . After the claim made unto the Crown of England in Parliament by Henry Duke of Lancaster , and a consultation had amongst the Lords and Estates ( not expressing that the Commons were a 3d. or any part thereof , it being then altogether improbable that King Richard the 2d . or any other representing for him was there present , and to make one of the said pretended Estates as much out of the reach of probability , that King Richard himself was one , or a Person then acting against himself , the Duke of Lancaster himself then affirming , that the Kingdom was vacant . And when the Usurping King Henry the 4th . openly gave thanks to the whole Estates , ( wherein is plainly evidenced ) that himself neither was or could be understood to be then , or at any other time one of the said Estates . The first day of the Parliament the Bishop of London the Kings Brother and Chancellor of England in the behalf of the King , Lords and Commons , declaring the cause of calling the Parliament , and taking for his Theme Multitudo Sapientum , learnedly resembled the Government of the Realm to the Body of a man , the Right-hand to the Church , the Left-hand to the Temporalty , and the other Members to the Commonalty , of all which Members and Estates , the King ( not deeming himself to be one ) was willing to have Councel . The Archbishop of Canterbury Chancellor of England by the Kings commandment , declaring the cause of the Summoning the Parliament , and taking for his Theme Regem honorificate , shewed them that on necessity , every Member of mans Body would seek comfort of the Head as the Chief , and applyed the same to the honouring of the King as the Head. And in that his Oration , mentioning the Lords Spiritual and Temporal , Knights , Citizens and Burgesses giveth them no Title of Estates , but the Kings Leiges . In the presence of John Duke of Bedford Brother of the King Lieutenant and Warden of England and the Lords and Commons , the Bishop of Durham by his commandment declared that the King willed that the Church and all Estates should enjoy their Liberties ( which could not include the King. ) It was ordained that all Estates should enjoy their Liberties without the words Concessimus ( which could not comprehend the King who granted it to them , but not to himself . The Chancellor at the first assembling of the Parliament declared , that the King willeth that all Estates should enjoy their Liberties , ( which must be intended to others that were his Subjects , and not to himself that was none of them . ) The Archbishop of York Chancellor of England , declaring the cause of Summoning the Parliament , said , the King willeth that all Estates should enjoy their Liberties , in which certainly he well knew , that the Person willing or granting , was not any of the Persons or Estates to whom he willed and granted that they should enjoy their Liberties . The Duke of Gloucester being made Guardian or Keeper of England , ( by the King sitting in the Chair ) the Archbishop of York being sick , William Linwood Doctor of Laws , declaring the cause of summoning the Parlia●ent , said , that the King willed that every Estate should enjoy their due Liberties , which properly enough might be extensively taken to Military men and Soldiers , the Gentry , Agricolis opificibus all sorts of Trades , Labourers , Servants , Apprentices , Free-holders , Copy-holders Lease-holders , single Women and Children , Tenants at Will , and which never were themselves Estates , but the several sorts and degrees thereof , wherein if any Law , Reason or Sense could make the King to be comprehended , an inextricable problem or question would everlastingly remain unresolved who it was that so willed or granted . The King sitting in his Chair of State , John Bishop of Bath and Wells Chancellor of England , in the presence of the Bishops , Lords and Commons by the Kings Commandment , declared the causes of summoning the Parliament , taking for his Theme or Text , the words sussipiant montes Pacem & Colles Justitiam , divided it into three parts according to the three Estates , by the Hills he understood Bishops and Lords , and Magistrates , by little Hills , Knights , Esquires and Merchants , by the People , Husbandmen Artificers and Labourers . By the which third Estates , by sundry Authorities and Examples , he learnedly proved , that a Triple Political vertue ought to be in them , viz. In the first Unity , Peace and Concord , In the second Equity , Consideration & Upright Justice , without maintenance ; In the third , due Obeysance to the King , his Laws and Magistrates without grudging , and gave them further to understand the King would have them to enjoy all their Liberties . Of which third Estates , the Chancellor in all probability , neither the King , or they that heard him , did take or believe the King himself to be any part . The 15th day of August , the Plague beginning to increase , the Chancellor by the Kings Commandment in the presence of the 3 Estates , ( the Clerks Translator or Abridger being unwilling to relinquish their Novelty or Errors , ) ( of which the commonest capacity or sense , can never interpret the King to be one , ) Prorogued the Parliament until the Quindena of St. Michael . The Bishop of Bath and Wells Chancellor of England , in the presence of the King , Lords and Commons , declaring the cause of the Summons of Parliament , said that the King willed that all Estates should enjoy th●● Liberties , which might intitle the King to be the Party willing or granting , but not any of the Parties , who were to take benefit thereby . It was enacted by the whole Estates , ( which may be understood to be the King , Lords Spiritual , and that the Lords of the Kings Councel ( none of theirs ) should take such order for the Petition of the Town of Plymouth , as to them should seem best . Letters Patents , being granted ( by the King ) to John Cardinal , and Archbishop of Canterbury of divers Mannors and Lands , parcel of the Dutchy of Lancaster , under the Seal of the Dutchy , were confirmed by the whole Estates , for the performance of the last Will and Testament of King H. 5. though it was severed from the Crown , and was no part of the concernment thereof , nor had any relation to the Publick , or any Parliamentory Affairs , the King himself that granted the Letters Patents , could not be interpreted to be one of those whole Estates , which were said to have confirmed them . By the whole Estates were confirmed King Henry the 6th Letters Patents , of the Erection and Donation of Eton Colledge , and also of Kings Colledge in Cambridge with the Lands thereunto belonging , which might well conclude the King , although he being the Donor , could not be believed to be any part of the whole Estates , who by their approbation are said to have confirmed his Letters Patents . The Chancellor in the name of all the Lords in the presence of the King , protested that the Peace which the King had taken with the French King , was of his own making and will , and not by any of the Lords procurations , the which was enacted . And it was enacted that a Statute made in the time of King H. 5. that no Peace should be taken with the French King , that then was called the Dolphin of France , without the assent of the three Estates of both Realms should be utterly revoked , and that no Person for giving Counsel to the Peace of France , be at any time to come impeached therefore , which may demonstrate that neither the Dolphin of France , nor the King of England , were then accompted to be any part of the several 3. Estates of the said Kingdoms . The King by his Chancellor declared that he willed that all Estates should enjoy their Liberties , it cannot be with any probability supposed that either he or his Chancellor intended that himself was one of the said Estates . The Archbishop of Canterbury Chancellor of England , in the presence of the King gave thanks in his behalf to the 3. Estates , wherein no Grammar or Construction of Reason or Sense , will ever be able to comprehend the King. The 17th day of December , the Chancellor in the presence of the King and the 3 Estates ; ( which is surely to be understood to consist of other Persons separately and distinct from the King ) Prorogued the Parliament until the 20th day of January then next ensuing , at Westminster , and upon the 28th day of April , was likewise Prorogued to the 5th day of May next following . The Archbishop of Canterbury Chancellor of England , in the presence of the King , Lords and Commons , declaring the cause of Summoning the Parliament , said , that the Kings pleasure was , that all Estates should enjoy their Liberties , which could not signifie that the King himself was one of those Estates to whom he granted that favour . The 25th day of December , the Chancellor in the presence of the King , and the 3. Estates by the Kings Commandment , giving thanks to the 3. Estates ( the King being then by the Chancellor , or any other Master of Reason or Common Sense , not understood to be any one of the 3. Estates to whom the thanks were given ) dissolved the Parliament . An Act of Parliament was made , wherein was declared that King Edward the 4th was the undoubted King of England , from the 4th day of March last before , and that all the Estates yielded themselves obeysant Subjects unto him and his Heirs for ever , ( the late never to be maintained Doctrine of the pretended co-ordination of the House of Commons in Parliament , as Subjects with their Soveraign in Parliament , and the Government being not than that established , or ever to be evidenced otherwise then God hath ordained a co-ordination betwixt the King and his Subjects , which is , that the People as Subjects should obey their King , and the King as their Soveraign Protect , Rule and Govern them , ) and affirmed the Raign of King Henry the 4th to be an Intrusion , and only Usurpation . The Chancellor , the King sitting in his Royal State , in the presence of the Lords and Commons made an Eloquent Oration , wherein he declared the 3. Estates to comprehend the Governance of the Land , the preheminence whereof was in the Bishops , the second to the Lords Temporal ( which the learned and men of that Age , and other Chancellors understood to be no other than two separate and distinct Estates , the one Temporal , and the other Spiritual , and the King to be Superiour . The Bishop of London Chancellor of England , in the presence of the King and the 3. Estates , ( the King being none of them , but Superior over them all , ) Prorogued the Parliament to the 6th of June ensuing . For where the Abridger , or Mr. Pryn possessing himself to be the Rectifier , or Corrector , amongst his other faults and mistakings in his Epitomizings made it to be in the Parliament Rolls of 6 Edwardi 3. that many failing to come to the Parliament upon the Summons of the King , did put a charge upon the whole Estate by a reassembly , he will find neither words or matter for it . All that appears of the Title of Estates in the Parliament and Statute Rolls of that year , is no more than the Prelats grants & gentz du Commune , or les Prelats , Counts , Barons , gentz des Countez & gentz de la Commune . No whole Estate mentioned in the Parliament Roll , all that is said n. 42. is no more than a les requests des grantz come de ceu● de la Commune , & de le Clergie . That which is translated the Estate of the King , is no more in the Parliament Roll n. 5. than les beseignes nostre seigneur le Roy , & de son Royame . Where the Abridger saith the Parliament was to treat and advise touching the Estate de nostre Seigneur le Roy , & le Governement , & le salnette de sa terre d' Angleterre , & de son people , & relevation de lour Estate , there is no other mention of Estates than the Prelatz , grantz , & Commons de son roiame , and charged les Chinalers des Countes and Commons to assemble in the Chamber de Pinct . A quel Jour vindrent les Chivalers des Counties & autres Commons , and gave their advice in a Petition in the form ensuant a tres excellent , or tres honorable Seigneur les gentz de vostre Commun soy recommandent a vous obeysantment en merciant se avant come leur petitesse powre suffice de & tant tendrement pervez a quer & maintenir la pees a la quiete de vostre people , &c. Et en maintenance des autres Leyes as autres Parliaments devant ces heures grantees vostre poure Commons sil vous plaist sa gree & semble a la dite Commune & totes autres choses poent suffisantement estre rewelez & Terminez en Bank le Roy Commune Bank & devant Justices as Assises prendre nisi & les delayes nient covenable soient aggregez & oustez ore a ce Parliament per estatut . En. Ro. Parl. 18. E. 3. Where the King desired the names of the absent Lords , that he might punish them , there is no mention of the Clergy or Commons , or of any Estates , and the King afterwards desiring their advice touching his Treaty with France , charged the Prelats , Countz , & Barons et Communs , to give their advice therein . Which they all did without naming themselves , or being stiled Estates . The Kings Letters of Credence sent out of France to his Parliament in England , were directed a toutes Erchevesquis evesques , Abbes , Priours , Counts , Barons , & toutz autres foialx le Roy , & vendront au dit Parlement troter sar les beseignes le Roy , whereupon he demanded an Aid of the said Prelats grantz & Communs . And the Lords ( without the Title of Estates having granted it , ) the Chivalers des Counties , Citizens & Burges des Cities & Burghs , Prioront de avoir avisement entre eux , and in Answer thereunto , delivered a Petition unto the King for redress of Grievances , ( not by the name of the Estates ) but a nostre Seigneur le Roy & a son conseil 〈◊〉 〈◊〉 gentz de la Communes de sa terre ausi bien des 〈◊〉 & 〈◊〉 〈◊〉 de Counties . Where it was supposed that a Pardon was granted , and a 〈◊〉 〈◊〉 〈◊〉 to Sir John Matrevers of all his Lands by the whole Estates , there appeareth no more in the 〈…〉 ment Ro●● than that he Petitioned , A nostre Seigneur le Roy & a son bon conscil , wherein he recited that Restitution had been granted , de poiar royal nostre Seigneur le Roy par bor accord 〈◊〉 Common assent des Prelatz , Co 〈…〉 es , Barons , de son Roialme par plusieurs causes , appearing in the 〈…〉 ings Charter of Pardon , and prayed quil p 〈…〉 st a nostre dit Seigneur le Roy , & a son bon conscil par la bo●dance de sa Noble Seignorie granter & la restitution scisdite p●usse estre ore renovelle en cest Parlement quelle Petition lue fut respondue & endorse par les Seigneurs & autres grantz du Parlement quil semble an conscil & la Chartre doit estre renovelle & entre en roule du Parlement & est de Record sil plest au Roy , & pour ceo & mesme cesse Petition fust pius monstre au Roy , & il ad ottroie , & aussint est ottroio per la Commune soit la dite Chanre renovelle per accord de tut le Parlement , & entre en roule de meisme le Parlement en le meliour mannere & pourra estre pour bone & gremdre assurance del estat le dit Johan , in and by which , the King repealing the Judgment given against him in Parliament . Judicio predicto non obstante , saith only , nos ad requisitionem praedicti Johannis , & pro majori securitate status ipsius Johannis de assensu praelatorum ducum Comitum , Baronum , & Comitatis Regni nostri Angliae in praesenti Parliamento nostro existentium restitutionem praedictam ratisicamus &c. The Archbishop of Canterbury , and those many Suffragan Bishops and Clergy of his Province , not at that time deeming themselves to be an Estate , Soveraign or Governing either in or out of Parliaments , when in that Parliament they Petitioned unto him in this manner , a nostre Seigneur le Roy supplient ses humbles Chapelleius Symon par divine soefrance Erchevesque de Canterbury , & ses frereres Evesques de sa Province par eux & tote le Clergie quil pleise a nostre dit Seigneur le Roy pour le reverence de dieu , et de Sainte Eglise et a sa benignite a eux granter et confirme totes les liberties et privileges et droits grantez et donez par lui et ses nobles progenitors avant ses heires a sainte Eglise par leur Chartres Estatuts et Ordinances &c. Where it was in the Translation mistakenly said , that the King gave thanks to the whole Estate , and licensed them to depart . The Record is only , et si faict mercia le Roy as Prelatz grantz , et Communs de leur venir et leur bone port en Parlement , et leur done congie a departir , et issint finist le Parlement . Anno 42. E. 3. When the English Abridgment or Translation saith , that the Archbishop of Canterbury on the 〈…〉 ings behalf , gave thanks to the whole Estate for their Aids and Subsidies . The original in the Parliament Roll is no more than , et le Samedy suant les Communs esteanuts en la dite chambre Blanche fueront charges quils faissent leur Petitions , et quilles baillerent le meskerdy sumant . Et le Lundy Suant les Prelatz grantz en mesme la Chambre esteant fut monstrez a eux par lerchevesque coment le Roy leur mercie de grant Cuer de plusieurs aides quils lui avoeint faitz et meement des darreine aide quils lui facerent en le darrein Parlement des Subsides et Customs a lui grants de Leynes Quiers et Peaux lanuz pour un temps et ce fut il que le grant fust chargrant a son people nient moins per vint an demora au profit ou encres de lui per cause des grant chargez et payements faits et sustemis ●y bien a Caleis Guines Pontiff , et ses autres terres de la come d' Irland , et la marche de escoce que leur plat par tant avoir consideration a son Estat et honeur , eta sgrantz charges que lui avoient faire et sustenue deners le marche d' Escoce pour la salvation dicelle pour cause qui semble plus la guerre qui pees par les respons des Escetz Sur que les choses les Prelatz et grantz en deliberation plein ove les Communs de une accord granterent a nostre Seigneur le Roy en aide de son , et honeur somner et gardez et les grants custages que lui coment faire , et mettre par diverse voies les Subsides , et Customs de laynes , &c. par deux Aus prochein ensuant qui passe hors du dit roialme . After which followed the Petitions des Commons , without any Title of Estate . The Chancellor on the Kings behalf , commanded the Prelats , Seigneurs and Commons , there being to continue there until le besoignes del Roy were finished , and not to depart without License , and the Commons do in their Petitions stile themselves no otherwise than voz pouvrez et liges Commons . Item prient la Clergie . And the Commons made their Declaration in these and no other words , a nostre Seigneur le Roy , et a son conscilpar la Commune d' Angleterre . Item prie le Commune at coine ils se sentent de jour en autres our agenses estre grievez par pluralitez des guerre as constage importables et plese nostre Seigneur le Roy , et son sage conseil ordonne ent remede qur tieuxchargez autre porter la Commune ne purra en nul manere susteiner . Unto which the King answered , le Roy le fa●●e volunters ses honeurs , et Estat ●ond●z salvez all which put together , do not declare the Commons , to be a third Estate , and no ways agreeth with the Abridgers Translation , that the Commons by their Speaker , requiring the King to have consideration of their poor Estate . He answered that it was necessary to provide as well for the safety of his own Estate as for the Common-wealth . Where the Abridger or Corrector Translates , after Receivers and Triers of Petitions named , commandment was given , that all Persons and Estates should return the next day , to hear the cause of Summoning the Parliament declared . The original saith no more than , Touz ensemblez en my des Prelats et Seigneurs avant duz appellez eux Chancellor Terminer Seneschall Chamberlaine , et les Sergeantz le Roy quat il beseignera , et tiendrout lour place ●n la Chambre Mercalfe . Et le Roy vous commande et vour retornez le de maine per temps pur avoir declaration en place especial manere sur les causes des le somonce avant dite , et en oultre le Roy commande a touz et avoient la dite somonce quils vieguent de jour en autre audit Parlement et quils ne se absentent mye en de protentdycell sans especial congie de lui sur peril q' appont . The Bishop of Exeter Chancellor of England , at the assembling of the Parliament , taking his Text out of the Prophecy of Ezekiel , Rex erit unus omnibus , alledging the Power that ought to be in Soveraign Kings and Princes whereby to Govern , and the Obedience in Subjects to Obey , and that all alienations of his Kingly Priviledges and Prerogatives were reassumable , and to be repealed by his Coronation Oath , pour quoi le Roy ad fat assembler de Estatz de Parlement a cest faire pour estre enformez si ascun droitz de sa Corone soient sustretz on amemuser a sin que par lour bon advis & discretion tiel remedie puisse estre mis & le Roy puisse esteer en sa libertie ou poir Commune ses Progenitors out este devant lui & duissent de droit non obstante ascun ordinance an contrarie , & anisi le Roy as Tenez & les governera , in which Speech of the Chancellors , no man as it is sufficiently probable , did then ●nderstand the King to be a part of the Estates he was speaking unto , who if they could then in a time of Faction and Trouble of State , that had then affrighted and disturbed the greatest part of the Nation , have had any thought or imagination , that their King was so comprehended in that Novel word Estates , had a fair opportunity to have entred their claim to that Triumviracy , or never to be proved Co-ordination , or which would be beyond a lurking Soveraignty , for the Common People to resort when they please , and were in the same Parliament afterwards so little elated with the expression of the Clerk of the House of Peers , in the entry of the Record of the Kings vacating of the Earl of Arundels Pardon , par assent de touz le Estats du Parlement , as they made their Protestation , and prayed the King that it might be Inrolled , that it was not their intent ou volunte , to impeach or accuse any Person in that Parliament , sans Congie du Roy , and if they had been any such Estates , as some of late would entitle them unto , did not perceive themseves to have been then so great , or in Partnership with their Soveraign or above him . And thereupon the Chancellor by the Kings command likewise declared that , nostre Seigneur le Roy considerant coment plusieurs hantes offenses & mesfaits outestre faitz par le people de son Roialme en contre leur ligeance & l' estat nostre Seigneur le Roy & la loie de la terre devants ces heures dont son people esciet en grant perill & danger de leie & lour corps , & biens , & voullant sur ce de sa royalle benignite monstre 〈◊〉 faire grace a son dit people a fyn quils ayent le greindre corage 〈◊〉 volonte de bien faire de leur mieux porter devors le Roy en temps avenir si voet & grante de faire & ease & quiete , & salvation de ●on dit people une generalle pardon a ces liges fors●ris certaines pointz limitez par le sonuant la sui●e al partie forspris cyn quont persones queux plaira au Roy nomez & touz ceux qui serront Empeshez en ce present Parlement , & dit oustre que le dit Roy voet que plein d●oit & Justice soyent faitz a Chastun de ses liges qui en voilent complandre en cest Parlement , & ad ordinez , & assignez Receivers & Triers des Petitions en cest Parlement . And did in pursuance thereof in full Parliament , excuse the Duke of Yorke , the Bishop of Worcester , Sir. Richard le Scroop then living , William late Archbishop of Canterbury , Alexander late Archbishop of York , Thomas late Bishop of Exeter , and Michael late Abbot of Walton , then being dead of the ●xecution , and intent of the ●ommission made in the tenth year of his Raign , as being assured of their Loyalty , and therefore by Parliament restored them to their good name And Sir Edward Coke might have bestowed a better gift unto the Laws and Lawyers of England , and his native Countrey , than that Pandoras Box or Circes inchantment in his doted upon , or so much admired modus tenendi Parliamenta , which he at an adventure , not knowing himself from whence that Bastard came , but was as a Foundling so young , left in the streets , as it could neither declare who was its Father or Mother , and that which was something marvelous , none had the luck to find it , and in charity pay for the nursing of it , as himself and the Name of that nurse , as unknown as the Father or Mother or progenitors thereof , and made himself so much assured of it , as if he had been present , when that Modus supposed to have been made by 〈…〉 ing Edward the Confessor was read before King William the Conqueror , and approved by him , & could not forbear but his fourth part of the Institutes , or Comment upon Littleton , but he must frequently use it , but transmitted into Ireland , to be there observed in King Henry the seconds Raign , which there as little to be found Recorded and Authenticated , or Legitimated , as it hath been in England , as hath been before mentioned , and grew so over-fond of it , as he hath as he thought , done no little piece of Service to after Ages , to insert it as an especial part or undiscernable point or parcel of Law , although he might have seen that Mr. Selden would not not oblige himself or his Readers to walk along with him in his over-credulity , and all our Records both of England and Ireland , and all our Historians and Annalists , as well Coaeval as of nearer times . as Ordericus Ingulphus Vicalis , Eadmerus , Malmesbury , Simon Dunelmensis , Hovedon , Huntingdon , Florentius , Wigornensis , Nubugensis , Matthew of Westminster , Matthew Paris , Trevisa , Chronica , Johannis Brompton , Walsingham , Giraldus Cambrensis , Matthew Parkers Antiquitates Ecclesiae Brittanicae , Hollinshead , Daniel Speed , Fox , Spelman , and many others cited by Mr. Pryn in his manifest Proofs , Evidence , Conviction , Discovery and Refutation of that modus tenendi Parliamenta , to be full of Falsities , Forgeries and Errors , a fabulous Legend and meer Imposture , to furnish out Jack Cades Rebellion in the latter end of the Raign of King Henry the 6. for the advance of Richard Duke of Yorks Title to the Crown of England , and if there had been such a modus , it may be more than an ordinary wonder , that the Conquered and Inslaved People of England should precibus & fletibus , beg of the Conqueror Sir Edward the Confessors Laws , whereupon he Anno quarto regni sui Angliae , caused to be summoned , concilio Baronum suorum per universos regni Angliae● Consulatus Angliae Nobiles sapientes , & in sua lege eruditos ut eorum leges & Jura , 〈◊〉 consuetudines ab ipsis audiret Electi igitur de singulis eorum patriae Comitatibus viri duodecim Jure Jurando primum coram Rege confirmaverunt ut quoad possent recto tramice incedentes nec ad dextram nec ad sinistram divertentes legum suarum & consuetudinum sancita patefacerent nihil praetermittentes , nihil addentes , nihil praevaritando mutantes , a ligibus igitur sanctae matriis Ecclesiae sumentes exordium quantum per eam Rex et Regnum solidum subsis●ens haberet fundamentum leges libertates & pacem ipsius confirmati sunt , there never having been before or since such a solemn Jury , either in the Raigns of our Brittish , Roman , Saxon , Danish and Norman Kings , or their many succeeding Kings or Princes , sworn and impannelled by a King himself , or in any Nation of the World , that any History or Record hath been able to give us an account , and yet in the Verdict and return thereupon made , faithfully written and Recorded by two Bishops , there is not a word or syllable , or any the least mention , or intimation of that modus tenendi Parliamentum , or any the pretended Rights or Priviledges of Parliament in those our late infatuated and rebellious times , so quarrelled and grasped without any manner of evidence and colour , and although in the beginning of the Raign of King Charles the Martyr , he could in the House of Commons in Parliament , weep and lament with tears the supposed dangers with many he knew not what to call them fears and jealousies , and procured many of his Fellow Members to bear him Company , did take care out of his modus tenendi Parliamentum , to bless after Ages with a parcel of its levelling Doctrine , which might make the broken pieces of the Monarchy of England never able without God's mercy to be cemented or put together again , but remain incurable by that means and help more than ordinary , which Mr. Selden thinks was written long after the Norman Monarchy , and the Title of it is so false , that it too much disparageth the Treatise . And that fictitious modus hath six distinct pretended Estates , wherein Sir Edward Coke was pleased to allow our King to be Caput Principium & finis Parliamenti , whom all other mistakers , & the Bill or Instrument that made Richard 3. an usurping King , made but three Estates , two or three of which degrees or States never sat in Parliament before , or during the Conquerors Raign , nor many years after , saith Mr. Pryn , Et pacem non habet in suo gradu , ( as that modus is pleased to allow him , Et ita Rex solus est primus gradus . 2. ( gradus est ex Archiepiscopis , Episcopis , Abbatibus , Prioribus , & aliis Clericis qui Baronias tenent , 3. gradus est ex procuratoribus Cleri , 4. gradus est ex Comitibus , Baronibus , & aliis magnatibus & proteribus , tenentibus ad valenciam Comitatus & Baroniae , 5. gradus est de militibus Comitatuum , 6. gradus est de Civibus & Burgensibus , & ita est Parliamentum de sex gradibus , & sciendum est quod licet aliquis dictorum quinque graduum post Regem absens sit dum tamen omnes praemonici sint per rationabiles summonitiones Parliamentum censetur esse plenum . And that special Engine or Machine of the Devil could not fail of a great effect in the furnishing out and palliating that damnable and hypocritical Rebellion , which for almost fifty years last past hath miserably infatuated and ruined England , with damage and mischiefs in abundance to Ireland and Scotland , and the loss almost of some hundred thousand mens lives , and the ruin of very many Families , unto which that modus tenendi Parliamentum was a compleat directory , and to all our Rebellious Confusions and Troubles after happening , and introducing the Murder of the Blessed King Charles the Martyr . And was not like to produce any better consequence than the dislocating and tearing in pieces a most happy kind of Government , and transferring a well established Monarchy into the said fatality of an Anarchy , no where to be found amongst all the Monarchies of Christendom , or any other parts of the World , or any the Ideas of Plato , or any Legislators of the World , Sir Thomas Moores Utopia , or that which Gonzagua and his Geese found in that of the World in the Moon , or that which would not long have satisfied Wat Tiler , Jack Cade , John of Leyden , Massinello , or the Rabble of their State menders , or Propagators of their Rambling Fancies , one part of which modus hath this special Doctrine , Et sciendum est quod duo milites qui veniant ad Parliamentum pro ipso Comitatu vocem habent in Parliamento in concidendo & contradicendoquam Majores Comites Angliae , & eodem modo procuratores Cleri unius Episcopatus Majorem vocem habent in Parliamento si omnes sint concordes quam Episcopus ipse , & hoc in omnibus quae ad Parliamentum concedi negari vel fieri debent , ex hoc patet quod Rex potest tenere Parliamentum in Comunitate Regni sui absque Episcopis Comitibus & Baronibus dum tamen summoniti sint ad Parliamentum licet nullus Episcopus Comes vel Baro ad summonitionem venerint quia olim nec fuerat Episcopus , Comes nec Baro , & adhuc tunc Reges tenuerunt Parliamenta sua sed aliter est e contra licet Communitates Cleri & Laici summoniti essent ad Parliamenta sicut de Jure debent , & propter aliquas Causas venire nollent ut si praetenderent quod Rex non regeret eos sicut et assignaret specialiter in quibus Articulis eos non rexerat , Parliamentum nullum est omnino ( at their will and pleasure ) licet omnes Archiepiscopi Episcopi Comites & Barones eorum pares cum Rege interessent , ( a large Priviledge if Sir Edward Coke were alive to see , if he could with a Torch Fanatically lighted , it authenticated as such Charters used to be with many Witnesses , for a farthing or small Candle will never be able to do it , ) and it seems that that part of the modus , or the residue of that incredible Tale or Story was not ready at hand , when he was Speaker of the House of Commons in Parliament , when Queen Elizabeth charged him to tell that House , that it was only in her Power to Summon , Prorogue , Adjourn and Dissolve Parliaments , which he without any contradiction of what she had spoken unto him faithfully related unto them , and they as little denied , et ideo oportet quod omnia quae affirmari vel informari concedi vel negari aut fieri debeat per Communitates Parliamenti concedi quae est ex tribus gradibus sive generibus Parliamenti scilicet ex procuratoribus Cleri , Militibus Comitatibus Burgensibus qui repraesentant totam Communitatem Angliae , & non de magnatibus quia quilibet eorum est pro sua propria persona ad Parliamentum , & pro nulla alia . And that levelling Doctrine will want a confirmation in a Record of 11 H. 6. the original whereof is only thus . Memorandum quod octavo die Julii Anno Regni Henrici Regis post Conquestum undecimo ipso dom . Rege in Parliamento suo apud Westmonasterium tunc convocato sede sua Regia in Camera depicta residente praesentibus etiam tunc ibidem illustrissimis Principibus Bedford & Gloucester ducibus ac Reverendissimo in Christo Patre Henr. Cardinal . Angliae caeterisque quam pluribus Prelatis Proceribus & Communibus Regni Angliae ad Parliamentum praedict . authoritate regia convocatus venerabilis pater Johannis Episcop Bathon & Wellen Cancellarius Angliae causam Summoniconis ejusdem Parliamenti ex ipsius domini Regis mandato egregio assumens pro suo Themate suspiciant montes Pacem & Colles Justiciam in quibus Rex verbis asservit quod triplex regni status potuit ut sibi videbat rationabiliter annotari ( several degrees or conditions of men videlicet , per Montes Praelalati Proceres & Magnates per Colles Milites Armigeri & Mercatores , & in populo Cultores Artifices & Vulgares , ( used to be Elected to come to Parliaments in those days ) Quos quidem status enuncialius exponend . asserint & ser nonnulla autoritates Historias & Exempla summaria demonstravit quod triplex deberet virtus politica eisdem tribus statibus specialiter pertinere videlicet Prelatis & Magnatibus pax veritas & vera concordia absque sictur . vel dissimulatione . Militibus & mediocribus aequitas & mera Justitia absque manutenentia & pauperum expressione vulgaribus vero vel inferioribus voluntaria Regi & ejus Legibus ( when he intended none of the three several States to be allowed the Legislative Power ) obedientia absque perj●rio & manutenentia . Ex quibus si in Regno Angliae ●aliter se haberent maxima de conqueacencia ac Regi & Regno Commoda quam plurima fine dubio pervenirent ad providend . igitur qualiter in Regno montes praedicti pacem suscipiant Colles que Justitiam vulgari populo administrant ipsi etiam populi vulgares eorum antiquis relictis perjuriis divinis legibus & humanis plus solito fideliter obediant & intendant prefat . dominus noster Rex ex sui sani avisamento concilii dictum presens Parliamentum facerit convocari volens & concedens quod praefati Magnates & Comitates praedict . ( without giving either of them the Title of Estates ) omnibus & singulis libertatibus & quietanciis eis per nobiles Progenitores ipsius domini Regis quondam Reges Angliae concessis & per eundum dominum Regem confirmatis & minime revocalis nec per legem Angliae revocabilibus set per eosdem Prelatos & Magnates , & Comitatem bene & rationabiliter usitatis gaudeant & ut antur dedit insuper prefat . Cancellarius praedict . Communibus ( without any Title of Estates ) nomine Regio firmiter in mandatis quod in eorum domo Communi antiquitus u●●tato in Crastino convenirent & eorum prolocutorem eligerent , & sic Electum prefat . Domino Regi 〈◊〉 ea celeritate qua commode poterant realiter presentarent . Et ut Justitia conqueri volentibus possit celerius adhiberi idem dominus noster Rex certos Receptores & ●riatores petitionum in praedicto Parliamento exhibend . constituit & assignavit . Item 13. die Augusti Anno presento domino Rege & tribus regni statibus in presenti Parliamento existentibus ( which being but a Phrase or Expression of the Clerk could reach no further than the Chancellors meaning in his before mentioned Speech , relating several so●s or qualities of People then assembled in Parliament ) post gratias redditas ex parte domini Regis & ejus mandato Communibus regni ( without any Title or Stile of Estate ) tunc ibidem presentibus deorum bonis diligentiis & laboribus circa ea quae sibi ex parte regni injuncta fuerunt exhibitis & ostensis praefat . dominus Cancellarum de mandato ejusdem domini ulterius declaravit qualiter idem dominus Rex ipsorum Communitat . relatione conceperat quod in Civitate London et Suburbiis gravis pestilentia ceperat oriri qualiterque prefat . Communes ( without the appellation of Estates ) plenam et particularum informationem et nolitiam notarium extorsionum oppressionum manutent et aliorum defect . in dicto regni habitorum unde idem dominum Rex certiorari affectabat per eosdem nullatenus habuerint attendens etiam idem dominus Rex qualiter tempus Autump●ale in quo magnatibus circa suas recreationes et deductas ( without any Title of Estates ) insisquet Communibus ( with no Title or Estates ) circa suarum messium congregationem intendere competabat similiter 〈…〉 propinguabat . Quibus de causis et presertim ut prefati Communes ( without any other Title ) de extorsionibus oppressionibus riotis manutentiis et aliis defectibus praedictis particulariter informari possent ac dictum dominum Regem inde plenius edoteri idem dominus Rex dictum presens Parliamentum usque xv . nam post festie scilicet Michaelmis tunc proxim . futurum apud Westminster voluit prorogari ac illud realiter prorogavit omnibus et singulis quorum interfuit firmiter injungendo quod apud Westminster . dict . xv . die excusatione quacunque cessante personaliter convenirent ad tractandum comitandum et consentiendum super hiis quae tum ibidem pro pacis bono et Regis et regni commodo favente domino contigerit ordinari , &c. And it is not a little remarkable how a man of so great learning and practise in the Laws of England , as the aforesaid Sir Edward Coke , should either be so much bewitched with that modus tenendi Parliamentum , and at the same time so much admire Littletons Book of Tenures as he believed many of his & caetera's , or abbrieviations therein to comprehend some more than common or ordinary point , or special matter of Law worth the enquiry , and not be able to understand that the Feudal Laws were the Fundamental Laws of England , and supporters of the Ancient Monarchick Government thereof , and were nearly allied to the Civil or Caesarean Laws with their Patroni or Clients , and have descended unto us from the Longobards , Brittains , Saxons , Goths and Vandals , and other Northern Nations , now and very anciently the Laws whereby for the most part all Christendom is and hath been Governed , and that that excellent Book of Littleton , who was a Judge in the Raign of King Edward the fourth now not above 219. years ago , contained a Compendium Summary and Practice of our Feudal Laws , those best , most wholesome , firm and obliging Laws in the World , then and long before used in England , should be so little acknowledged or beloved by Sir Edward Coke , whose principal care and design hath for a long time been to disparage and bury them in Oblivion , by his over-much magnifying that fatal and grand Imposture of modus tenendi Parliamentum , made it to be the Machine or Engine to batter and destroy our Fortresses of Loyalty , and should not have allowed his Admirers as much or more than he did his and our Littleton , to believe either that Empusa or Modus to be as a Creed to a People in that Frenzy , and almost national infatuity , wherein to he and his beloved modus had perswaded them , and by the help of the Master of all Craft and Subtlety , turned our Laws out of their Ancient Inheritance , and by stiling our Feudal Laws , the Common Laws by the Hocus Pocus Insolence , and Perjury of Parliament Rebellion now almost of fifty years continuance , rendred us to be like the Jews in their seventy years Captivity , who so forgot their Primitive Language as they were enforced to crave the incertain help of the Mazorites to understand their own Language , and by creeping themselves into that which our Rebel Innovates would have called a third Estate , made themselves the Governing Essential and Constituent part of the Parliament , the generale Consilium or Colloquium of the Nation , in arduis not in omnibus but quibusdam , being the most useful , wholesome and profitable in and through all the Christian World , and so experimented where they are kept in their due and proper Limits and Boundaries in a due Obedience to their Kings and Soveraigns , and cause as many as they can to believe them , that they as representing the People , ( who never trusted them to any or the like purpose ) have an Inherent Right of Soveraignty in themselves to accuse , depose , or murder their Kings , and Elect or Choose another , turn a Monarchy into a Republick or Common-wealth , when there had not been in England , within the memory of any true Record or impartial History any one before , framed by a Factious and Unquiet Party of Rebels in Parliament , under the basest of Hypocrisy that ever was practised in the World , upon the pretence of setting Christ upon his Throne . And could not be content , until they had without any cause raised a Rebellion against their pious Prince , and murdered him , forced from the People to maintain those their ungodly doings by Taxes , as much as amounted unto 48 Millions of Sterling Money , besides the vast sums of Money and Riches gained by the extorted Fines and Compositions from the Kings Loyal Party at Goldsmiths and Haberdasher's Halls in London , the one for the 20th part of their Estates , and the other for compounding for their supposed forfeiture for fighting to defend their King against his Rebels , and their Plunderings , Sequestrations , and Decimations of those with whom they had before compounded besides a Tax for six Months of every House-keeper in London , and its vast Lines of Communication for as much as their weekly Diet amounted unto , with Money borrowed upon that which they would call the Publick Faith , which cheat brought that Godless Party into their Repository of the Guild-Hall in London abundance of Money , Plate , Rings , Jewels , Silver Bodkins and Thimbles , many of whom after those villainous Wars and Rebellions something appeased being in Poverty , have been the constant Attenders at the House of Commons doors in Parliament , to enquire for Madam Publick Faith's Habitation , but could never be able to find it , and besides all these wickednesses , could not think they had done enough , until they had added unto their many sins , that no small sin of Sacriledge , by Sequestring the Orthodox Ministers , Imprisoning of the Bishops , and sale of their and the Deans and Chapters , Prebends and Cannons Lands , and their Woods and Possessions , Banishing and every way Impoverishing them , shutting up all or many of the Church doors in Wales , upon pretence of Reforming or Propagating Religion , but gathering the Tithes into their own Purses , sale of the King , Queen and Princes Houses , and Rich Moveables , and of all their Lands and Revenues , the Coats of their Yeomen of the Guard , and the Plate in their Royal Chappels ; Allen a Goldsmith , and Member of that House of Commons , picking out and exchanging the Jewels out of the Kings Crown , and putting in counterfeit , plundered and sold much of the Lands and Goods of the Nobility , displaced the Masters of Colledges and Halls in both the Universities , without shewing any cause more than that they would put in another of their own Party , and began to gape , and lick their Lips after a like Reformation of their Lands and Revenues , tore up the Brass upon Monuments upon the ground , and made Money of them , because there was inscribed upon them Orate pro nobis , and broke those Glass windows that had any Pictures or Images in them , for fear of Superstition , made a Stable for Horses in the Cathedral of St. Pauls in London , where heaps of dung might be as high as the Roof , and Sawyers seen sawing in the Grave where the Bishop of London was buried that obtained the City of Londons Charter of their Liberties from William the Conqueror for which their more grateful Successive Mayors and Aldermen , at great solemnities never failed at their coming to that Cathedral in a kind of Procession to walk about it . And the Othodox Clergy of the Church of England calumniated by Mr. John White a Lawyer of the late seditious Edition , who being a Chairman appointed by a Committee of Parliament , to relieve those that they would call plundered Ministers , being the Factious Antichurch party , did so order the matter , as to put out all the Orthodox Ministers , and taking his Notes and Examinations in Characters , was able to interpret them how he pleased , and upon the Accusation of a Cobler at Lambeth , that the Learned Dr. Featly had Preached false Doctrine , he must be turned out of his Benefice , and imprisoned at Lambeth , wherein besides many other , if not all , he or his Notes were shrewdly mistaken , when one Mr. Clopham a Minister was for Adultery Ejected , when it was proved that by a fall from his Horse , he was so disabled in his Genitals as he could not be guilty of it . And the Ecclesiastical plunder Masters were to take a more than ordinary care , that when their small comcompassion had been pleased to allow the Sequestred Ministers Wives and Children a 5th part of their Husbands Benefices , that they should have as little , and as hardly as could be of it , when after they had tired themselves with their Petitions to the upper and lower Committees , they had obtained an Order for that their small pittance found no other comfort , after that they had travelled forty or fifty , or more miles unto one that should pay it , then one who being more merciful and candid than the rest was pleased to shew a small common or private almost invisible note or mark in the Order that they should not obey it . Mean while about 100 of Sequestred Ministers of the West parts of England could have no better a place provided for them than to be imprisoned at Lambeth House , but a little before notoriously infected with the Plague , and ordered an Alderman of London , whose Son is yet living to attend them with two Culverings or small pieces of Cannon ready charged to fire upon them , as they were in the Chappel serving God , and hearing Doctor Featly preach unto them , where they had perished if God had not in mercy provided an escape for them . And if this were or could be proved or justified to be a work for such a third Estate , as that modus tenendi Parliamentum was so willing to provide for our Laws , having in their Subordination to Gods Laws , and not opposite unto them been truly believed , and said to have been derived from Right Reason , yet that is always to be understood to be so , when it hath received the Sanction of the King , and are not agitated by the various wills , interest and fancies of the People next unto madness . And it might amuse and amaze all the men of Law and Learning in the Kingdom of England , how Sir Edward Coke that hath been attempted to be a man of so great knowledge and experience in the Law , and entrusted with so many weighty Charges and Offices in our Laws , as Lord Chief Justice of the Court of Common Pleas , and afterwards of the Court of Kings Bench , and so great a Collector and Remembrancer of the cases and judgments in the Law , with their various forms and entries should have so often read in his so greatly beloved Book of Littleton , the Chapters of Homage , and Homage Auncestrel , and Escuage assessed in our Parliaments , could think it to be the Common Law of England , and that by which it had for many Centuries past been Governed , and not to be by its true and original Name and Nation , as well here as in all the other parts of the Christian World the Feudal Law , and what else where those Feudal Laws used in England , which our Learned Sir Henry Spelman and Dr. Zouch Mr. of Alban-Hall in Oxford so largely & directly mentioned to have their beneficial Use and Residence amongst us allowed and repeated by the very learned , the Sieur du Fresne a Baron of France , and other good Authors and Historians . And if those premises cannot be enough to satisfy us , Sir Edward Coke , if he were alive , might do well to instruct us what Law that Homage and Escuage appertained unto . And if there were any other Laws that this Kingdom was governed by when and by whom they were introduced , and of how long continuance , for it may be hoped that our Sons of Novelty will not be so impudent as to offer to obtrude upon the World the Follies and Villanies of Wat Tiler and Jack Cade , our late pretended Rebuplicans or their cheating Instrument maker Oliver Cromwel . Or upon what other Laws than Feudal are our Magna Charta and Charta de Foresta supported , and as often as thirty times in several of our Parliaments confirmed , when all our many English Rebellions , troubles of State and Commotions either at home at abroad have left it as a quiddam Sacrum more than the safe guarded vestal fire amongst the Romans , or can shew us in any of our Records , Annals or holy Writ , wrested or misinterpreted , that the Dernier Resort or Appeal hath been or ought to be in the people , unless they can make themselves or any others believe that there was something or more revealed to them than was in the Scripture or Holy Prophets , for there was no third Estate under our Kings to assist their Councels in Parliaments subordinate unto them put upon them , nor intended to be by the 25 Conservators enforced upon King John in the Rebellious Parliament and Battle at Running Mede , afterwards reduced to four , or when their Captain General Robert Fitz-Walter was stiled Mariscallus Exercitus dei & Ecclesiae Anglicanae , neither in Anno 42. H. 3. being over-powered by some of his Rebellious Barons , where those 25 Conservators were turned into 24 the one half to be nominated by the King , the other by the contending party at the Parliament at Oxford , or when that afterwards adjudged derogatory Parliament to Kingly Authority was referred by King Henry the third and the Rebellious Barons unto the Arbitration of the King of France or sworn to abide it , none of the Rebellious party were entituled Estates , or in that after Rebellion and detaining King Henry the 3 and prince Edward his Son about a year and a quarter they would not adventure to form or imitate a general Councel in that captive Kings name , those few that came were not called or intended to be a 3 Estate in an House of Commons nor in any of the many Rescripts or Mandates which Symon Montfort and his partner Rebels made in their Captive Kings name nor in any Parliament after his Release or in the Parliament of King Edward the first when he was pleased to suffer some of the Commons Elected by his Writs to attend in the House of Commons in Parliament , neither had they the boldness in all his long Raign of 35 years , or in the 17 , or 18 years of King Edward the second , or the fifty one years of King Edward the third , or in the Raign of King Richard the 2 until the Title of Estates crept in as aforesaid , and Mr. Pryn made himself after the Creator of them in his misused rectifying . And having as they thought turned the Tables the wrong way in calling our Feudal Laws the Common Laws , which indeed they are , should be , and a long time have been have so far put them out of their Right place , Order and Station , as they think they have changed our Feudal Laws which are & should be the only Fundamental Laws of the Kingdom and Government thereof into a quite contrary , and too many of our Lawyers have been so willing to forget them , as they had rather now of late make us believe if they could the tricks of Attorneys to be our Common Laws , than our more Ancient , Legal , Rational and Fundamental Feudal Laws ; Insomuch that one , that thinks himself no small one , hath of late been pleased to say very considerately as he thought , that the Study and Knowledge of Antiquities was but like the picking up of Old Iron in the London Streets or Kennels . As if the Prophet Jeremy had either mistaken or lost the Commission which our Alwise and Omniscient God had given him , when he advised us Stare super vias antiquas & inquirere veritatem , and such Lawyers of a late Edition might find themselves hard put to it to answer the question how or from whence proceeded or were derived our Oaths of Allegiance and Supremacy , which have for so many ages past been legally taken and enjoyned , and do and ought yet to continue , if not from an ancient Fundamental Feudal Laws from what other Laws of God or man were they derived , or any the various Customs or Usages of either Heathen or Christian , fixt or established by by any other rational Custom or Usage or unfixt and left only to the divers Interests , Occasions and Contingencies of every mans particular Interest and Affairs , and can never be ascertained how long they shall continue in one and the same mind and good liking , and where the Systeem of these Laws , Usages or Customs are or may be found , or what Oaths of Allegiance and Supremacy have been sworn unto or upon them . Whether upon the Old Custom of England of wrastling or choosing King and Queen at the Epiphany or Twelft Night at Christmas . And if they would be a 3 governing Estate may think themselves not a little beholding unto such as can either think or believe that they are or ought to be so in love with them as to trust them as formerly they had done , and could tell their Brethren of Scotland that their promises were but conditional , and did very lovingly alter order their man of sin Oliver Cromwel to beat , subdue , and after their Laws and Religion , promised the People of England , after that they had murthered their King and Laws , that they would maintain and govern by the Fundamental Laws , when they did all they could to subvert them , after they had coined it to be High Treason in their cutting off the Head of the late Earl of Strafford , and the Illustrious Family of the Prince of Orange , William the great Restorer and Rescuer of the Ordines or States of Holland and West-Friezland , ( without the rest of their United Provinces ) lying now interred under a stately Tomb at 〈◊〉 in Holland , with his well deserved Attributes could not escape their Ingratitude , when to please that Protector of the English villanies , and provide as well as they could for their self preservation , they made a League and Agreement with that great Master of Hypocrisy , se neque Cel 〈…〉 um Oransionensem Principem at que ex ejusdem familiae Linea quempiam provinciae suae praefectum vicarium vel Archithalassim dehinc electum esse , neque etiam quantum ad provinciae suae Ordinum suffragia a●●inet permissaros ( obliging themselves for the Residue ) ut unquam eorum quisquam Foederatorum provinciae militiae prae●●iuntur , which they perswaded themselves would be sufficient enough to satisfie their particular Consciences , if they could but procure their associate Confederates to be of the same perswasion , and be as little to be trusted as themselves upon no other reason than that , Quinimo eousque remedisse videtur ut ea quae reliqui provinciarum Ordines perversa Indicarunt varia uti loquuntur deductionibus D. D. Ordinum Generalium concilio judicata adeoque concepta adeoque conscripta fuerunt exhibita , Idcirco jam ante inquirenti Nobiles ac provinciarum Hollandiae West Frisiaeque Ordines neutiquam dubitantes quin nonnulli provinciarum ●●deratarum Ordines non aliam ob causam minus convenienter indicarent rerum omnium statum & fundamentum & quaecunque ex illo dependent ipsas denique veras rerum circumstantias haud plane edocti fuerunt , nec quenquam fere quin postremum omnia & singula eorundem acta factaque cognoverit sive alteri examini subjicere omni dubio procul solitae sollicitudini Nobilium & procerum West Frisiae Ordinum quam in salutem reipublica quotidie intendant attributum sic nunc demum secundum promissa juxta decretum quarto die Junii proxime elapso praepotentibus D. D. Ordinibus General . uti quoque literis deinde nono die exarat . & relinquarum provinciarum Gen. potentibus B. B. Ordinibus exhibita apertam sinceram veramque rerum omnium quae ad Instrumentum seclusionis pertinent detectionem foederatis Ordinibus exhibere voluerunt simul etiam omni ex parte nihil se quicquam in universo hoc negotio actum concessum confirmatumque fuisse quin id omne extra controversiam sibi absque alicujus provinciae damno , aut praejudicio agere concedere seu confirmare labore licuerit in quantum patriae comodum ejusdemque Incolarum & subditorum salus atque Incolumitas postulat , ( being no good excuse but an Oliver satisfaction either in Latine , English or Dutch , ) but a trick of Olivers , to work and model his own designs by affrighting them into the height of Ingratitude , and an Act of Oblivion of their Oaths and League with their formerly united Confederates . And our English in the troubles and stirs betwixt King John and some of his Barons , when there were thirteen Knights in every County of England and Wales , sworn to certifie the Liberties of the People , and in the Raign of King Henry the third the like number , there were no Liberties of a third Estate to be found in either of them . And when the tired self created Republick never before heard of , seen , felt , understood or exampled in England , Wales , Ireland , or Scotland , and its vast American Plantations , and knew not how like Phaeton to guide their Ambitious Chariot , and the horses would for want of conduct be disorderly , run and tear themselves , Chariot and all in peices , and make the driver never more covet exaltations , and fearing that the great Villanies and Oppressions which they had for many years together committed , and pillaging of three Kingdoms might shortly after retaliate and give them bitter Meat to their sweet Sauce , and supposing that they might have no small assistance from their Hypocrite Oliver Cromwel and his Rebel Army , did so suffer him and his Officers and Mechanicks to creep into their Parliament or House of Rebels as in a short time the one part of the Army getting into London , and the other quartering or encamping round about it , and intermedling with the Government , and procuring for themselves and their Friends Memberships in the House of Commons in Parliament , as no small part of them had wrought themselves into that House of Commons , and the Speaker Lenthal with as much weathercock fidelity as Rebellion , fear and folly had suggested unto him , ran away to the Army , who triumphantly marching in a Militrary manner with their Cannon and Artillery , brought him back again and seated him in his Traytors Chair , which kind of House of Commons being thus tamed , became easily perswaded by a Pack of Daemons on both sides to make a formal surrender of that which they would call the Peoples Liberties which could be no more than what was forfeited by Treason by them which had Rebelled against their King. And where then could remain , lurk or lye hid their so longed after third Estateship , when Cromwel had over-reached them with an Instrument of his own making , and allowed them ( especially when he pulled Mr. Pryn that had so championed the business as he stuft a large Book with arguments to evidence the Supremacy of both Houses of Parliament , when a little before he had written a Book of the Superiority of the House of Peers in Parliament , and was little to be pardoned when Mr. Pryn the Barrister wrote against Mr. Pryn a Bencher of Lincolns-Inn ) therein not their third Estateship or any such Republican Title at all , but in lieu thereof caused some of his Janisaries amongst whom was an Irish Popish Priest with his Red-coat Musket and Bandaliers to pull out of that House of Commons Mr. Pryn and divers other of the Members , and imprisoned him and some other in a Room or Alehouse under Westminster-Hall for a night and some short time after . And without any belief as is probable of Sir Edward Cokes aforesaid new Modus tenendi Parliamentum made a frame or Modus of his own with six Knights of every County where there were before but two , and in some Boroughs fewer than formerly , and at another time pulled out their Members and shut up the House doors , & called our Magna Charta when it was pleaded Magna Farta , which was not the Method praescribed in Sir Edward Cokes modus which Mr. Pryn saith would be an absolute or certain way to introduce levelling or a power in the Common people , or to aggrandize the power of a contrived Parliament to govern the King , when that gentle fictitious modus is content to allow the King , a Salvo dom . Regi et ejus Consilio quod ipsi hujusmodi Ordinaciones of 6. 3. or 1. of the Committee Postquam scripta fuerint examinare & emendare valeant si hoc facere sciant & valeant , Ita quod hoc fiat tunc & ibidem in pleno Parliamento & de assensu Parliamenti , Et non retro Parliamentum , which last clause saith Mr. Pryn quite spoils Altars , and contradicts what the Community of twelve , six or three had ordained . And King Edward the confessor whom the many foregoing and after ages have justly and truly reported and esteemed to be neither Oliver Cromwel or the mistaken Sir Edward Coke with their several modi tenendi Parliamenta , did not find either of them in his Recherches amongst all the Laws of the Mulumtians , Mercian , Saxon and Danish Laws and other ancient Customs used in England in his time when he was Monarch thereof , and Vicarius Summi Regis ordained Laws concilio Baronum Angliae & leges 68 Annos sopitas excitavit excitatas reparavit reparatas , decoravit decoratas , confirmavis confirmatas vero vocantur Leges Edwardi Regis non quod ipse primo eas adinvenisse dicitur sed cum praetermissa fuissent & oblivioni penitus dedita a diebus avi sui Edgari qui 17 Annis regnavit , ipse Edwardus quia Justa erant & honesta a profunda Abyssu extravit ( as if he had pulled them out of some Holes , Vauts or Cranyes ) eas revocavit & ut suas observandas contradidit , wherein there is nothing at all that may be subservient to the wildest kind of Interpretation of a modus tenendi Parliamentum which in the case of so great , Rational and Fundamental general Councel as a Parliament could not be beleived to be omitted in the making and framing K. Edward the Confessors Laws , nor can they be conceived or believed to be made at one time but at several times during his Raign , and in these although there are extant a very great commendation of the usefulness of the Law of Friborghs or Tithings there is not a word or any thing to be understood of the Members of the House of Commons in Parliament being a third Estate . For it appears in Anno 1244 in a Parliament holden at London , the King consulted with the Bishops apart , the Earls and Barons apart , and the Abbots and Priors apart , about the Popes not performing his promise concerning his removal of the grievances of the Kingdom ( where were none of the Common people either as a third Estate or otherwise ) which was before his imprisonment in the 48th year of his Raign by some of his Rebellious Barons , and in all his Raign before there is often mention of his Bishops , Earls and Barons , Magnates , and Grand Conseil , but nothing at all of Commons or a formed House of Commons until the 49th year of his Raign , and not long before at a Parliament assembled totam Nobilitatem Angliae . For before the 42 year of that Kings Raign Nobiles Angliae tam viri Ecclesiastici quam seculares , met in a Parliament at London , Ita quod nunquam tam populosa multitudo ibi antea visa fuit , where the King informing them of his necessities and requiring an aid , they ( not any Commons but the Lords Spiritual and Temporal ) began to be very querelous , and remembring old grievances as they called them , demanded the Justiciary , Chancellor and Treasurer might be chosen by the Common Councel of the Kingdom , which by the Records and Annalists was never understood to be any other than the Lords Spiritual and Temporal in Parliament summoned to give their advice to the King as the greatest men of wisdom and Estates in whom that and the obedience of the Common people were Justly included , the choice of which great Offices of State ( Sir Edward Cokes modus tenendi Parliamentum having not then peeped into the World to help to disturb it ) the Lords Spiritual and Temporal then alledged to appertain unto them , ( not unto the Vulgar or Common people ) and had been Justly and anciently due unto them ab antiquo Justum & consuetum which had no longer a date than the enforced Charter of King John at Running Mede , and the collateral strange security at the same time given for the 25 Conservators of the Liberties of the people , to maintain its antiquity , than something less than 42 years before , which propositions the King denying , that Councel was dissolved without any Claim of the common peoples third Estateship or being an Essential or constituent part of the Parliament , or to have votum decisivum therein . There was no such Modus tenendi Senatum or Parliamentum then so stiled when the Roman Empire began its rise , for shortly after though their Stile or Title was Senatus populusque Romanus yet their Historians tell us that they had their Patritii , and Menenius Agrippa when the Rabble Vulgus or Common people had made an Insurrection or mutiny and gone tumultuously into the Mount Aventine , knew better how to bring them again into their Wits by a pleasant well understood fable or Apologue of the head Members Belly and Paunch in their Bodies natural , and our Republican 3 Estate men might read and understand that those Common peoples Votes or Dictates were able to reach no further than their Plebiscita , and never could arrive unto a Senatus consultum , that when Julius Caesar came into our Brittain before the Incarnation of our Redeemer , and that Nation had planted Colonies here , they left us no Modus tenendi Senatum , neither did Agricola ( Governor here for the Roman Colonies who had taught our Nation the use of the Roman Gown and Civilities ) teach them the modus tenendi Parliamentum , or Senatum which Sir Edward Coke dreamed of , or inform them that the Common people were a third Estate , or had an inhaerent Soveraignty in them . In all the Laws of Dunwallo Mulumtius there was no mention of Law for a modus tenendi Parliamentum , or in those of Mercia Regina Britonum , or in the time of the Heptarchy of the Saxon Kings , or of King Ethelbert who raigned here in the year after Christ 568. Neither in the Laws of King Ina who raigned in England about the year 712. Or in the Laws of King Alured who began his Raign in Anno 871. and ended in Anno 900. and declares that he had ordained , collected and put them together , Atque easdem literis mandavit quorum bonam certe partem Majores sui religiose coluerunt , mul●a etiam sibi digna videntur quae sibi observari melius commoda videbantur , ea consulto sapientum partim antiquanda partino Innovanda videbantur curavit . At quoniam temeritatis videatur ex suis ipsius decretis quenquam literarum monumentis consignare tum etiam se quidem apud posteros Justitiae suae fidem quae se magni fecerit quaecunque in Actis Inae Gentilis sui Offae Merciorum Regis , Ethelfredi magni Ethelbaldi qui primum Anglicos sacro Baptismate , tinctus observata digna deprehendit , ea collegit , congessit , reliqua plene omisit . Or in any of the Books if they were extant said to have been written by that great King , viz. Breviarium quoddam collectum ex Legibus Trojanorum , Graecorum Britannorum , Saxonum & Danorum as hath been before mentioned . Or in or by the Laws of King Edward who Raigned here in Anno 900. when iis omnibus quae republicae praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant Judices perinde ut in Judiciali libro Scriptum habetur ( no Warrant yet appearing for a Modus tenendi Parliamentum , nor a third Estate over-ruling or voting their Soveraign ) nec quicquam formident , Jus Commune audacter dicant & litibus singalis dici quibus dijudicantur codicibus statuit . Or in the Laws of King Athelstan who Raigned here in the year 924. the Heptarchy being then reduced to its pristine Estate of Monarchy , or in or by his Laws in a Councel holden at Exeter , or in or by any the Laws of King Edmond . Or in or by any the first written Laws said to be of the Brittains in the Raign of their King Howel Dha stiled the good , or in or by any the Laws of King Eldred made in or about the year 948. or in or by any the Laws of King Edgar who Raigned about the year 959. and stiled himself favente dei gratia ( not of the people ) totius Angliae Rex & Imperator , as he might well do when he was Rowed in a Ship or Barge upon the River Dee in Wales by four of his Tributary Kings . Or by King Edward made in or about the year 950. in the Senatus Consultum , League or Agreement made betwixt him and the Monticuli — Walliae Angliae sapientum and Walliae consiliis . Or in the pact or agreement made betwixt King Edmond Ironside and Canutes the Dane , when they were perswaded to spare the dire effect of a Bloody Battle and leave the ●vent unto a personal combate betwixt the King and his Danish Competitor in the view of both Armies , whereupon they both being ferried over into the near Isle of Alney , the strong Ironside so wearied and almost vanquished the Dane , as he willingly agreed to be content with the moity of the Kingdom . Neither doth there any thing appear in or by the Laws of our King Canutus who Raigned here about the year 1608. ex sapientum Consilio . Or in or by any the Laws or Constitutions of William the Conqueror , or any of our succeedings Kings or Princes . And the late new Framers of new Governments calculated for the meridian of their own Profit and Ambitious , Factious designs , might have better informed themselves by the reading those mischievous Provisions imposed at a Parliament at Oxford upon King Henry the third and his Son Prince Edward , which being afterwards by the King and the contending Barons referred to the Arbitration of the King of France , a not long before enemy enough of King Henry the third with an engagement on both sides upon Oath to abide by his award , those Provisions were upon a full hearing before that King and his Great Councel the Parliament at Paris in the presence of all the contending parties adjudged to be null and void as derogatory to Kingly government , as hath been here before expressed , that although in those Provisions there was another solemn Jury Impannelled in every County to Enquire and Certify all and every the supposed Breaches of Liberties and their Verdict under their Hands and Seals were returned into the Court of Chancery , there is nothing to be found of the contents or complaints expected , and that there being by those Provisions to be 3 Parliaments in every year , one at Michaelmas , or 2 at Candlemas , and a third at the first of June , and 12 to represent the Common people were to be Elected by the Barons , and they that were chosen were none other than Bishops and Barons and the hautes homes , so small was then the trust in the Vulgus or Common people , and so nothing at all either in behalf or consideration of modus tenendi Parliamentum or a third Estate or Soveraignty in the people , or can any rationally beleive that the Clerks in the House of Peers ( which is the highest Court of Record under their Soveraign , and the house of Commons none , but often supplicating the other to Record and Inrol their Special matters and Protestations , and in the Parliament of 11 R. 2. when the five great Lords appealed five other as big as they of High Treason , and throwing down their Gauntlets with Armies ready to attend their purposes , and the Bishops had made their protestation and forsook their places , ) might not by a facile inadvertency have suffer'd the word Estates to have crept under their Pens , and be a means of procreating some of the like unfortunate Errors , yet were they now amongst the living and examined , they would swear they intended none other than the Lords Spiritual and Temporal , but subordinate to the King , especially when the whole tenor and current of our multitudes of Acts of Parliament , except those few of Richard the 3. that murdered his Nephew the young King to get into his Throne by flattering the people , and calling them Estates , seem to have no acquaintance with that since misused word or expression , as some have done by saying when he came once to sit in Chancery the King can do no wrong . And it might be more marvellous than the seven wonders of England that so great an Elevation and belief should be in that mistaken part of Parliament , ( when in the storm and tide of a Faction and Sedition driving on a horrid Rebellion in order to the Murder of their King they had in their more than Pharisaical Fastings and Prayers with Protestations to make him a glorious King put him into insufferable Fetters as it were of Iron ) as to impose upon him in the 16th year of his Raign to put the power of summoning the Parliament once in every three years , if he should omit it , to the Lord Chancellor or Keeper of the Great Seal under severe penalties upon their Oaths at a certain praefixation of time , and upon his failing to any twelve or more of the House of Peers , and every house might choose their own Speaker , and Administer the Oaths of Allegiance and Supremacy to their Members , and that therein should be omitted the title of Estates or some other Character of Grandetza , if it had at all been justly due unto them . When in December 1621 the House of Commons in Parliament by a Remonstrance made unto King James ( not being able to shew any good Law or Reason to the contrary ) did declare that they did not assume to themselves any power to determine of Religion or War , nor did intend to intrude or encroach upon the Sacred Bounds of his Royal Majesty , to whom only they acknowledged it did belong to resolve of Peace and War , and the Marriage of the most Noble Prince his Son. But as his Loyal and humble Subjects representing the whole Commons of the Kingdom ( who had a large interest in the happy and prosperous Estate of his Majesty the Church and Commonwealth did resolve out of their care and fear truly and plainly to demonstrate those things unto his Majesty , which they were not assured , could otherwise come so fully and clearly unto his knowledge without expectation of any other answer of his Majesty concerning those higher points , than what at his good pleasure , and in his own time should be held fit . And in that great Ambition and Insatiable thirst of Liberties and Priviledges improperly tumbled and tossed one upon another , whereby the Subjects of England have for so many Ages and Centuries past turmoiled and troubled their Kings and Princes with Seditions and Rebellions , and Ruined themselves and their Families , a more than ordinary care and heed ought to be taken , as very necessary requisites thereunto , tam per acquirentem quam concedentem , saith the very learned Reynoldus Curick . 1. Reynoldus Curick , ne contra Jus divinum positivum & morale in ejusque abolitionem quicquam indulgeat vel largiatur . 2. Ne contra Jura naturalia & Gentium . 3. Ne per concessionem Privilegiorum leges fundamentales infringat Inprimis Juratas quia enim leges fundamentales sint quasi Anmia & nervi reipublicae , & necesse est iis sublatis Rempublicam corruere . 4. Ne per privilegium quicquam in praejudicium Reipublice alienetur which our Laws have heretofore taken an especial care to prevent in the not granting by our Kings and Princes any Fair or Market without an Enquiry first had certified by a Writ of ad quod dampnum in the Negative . 5. Ne Privilegium vergat contra utilitatem publicam . 6. Ne Privilegium in praejudicium damnum vel Injuriam tertii vergat . 7. Ne Prvilegium nimiam inequalitatem inter Subditos Importat aut exemptionem aut Immunitatem a muneribus Ordinariis peculiarem , which in our Laws are to be granted to men above 70 years of Age not to be impannelled on a Jury . 8. Ne super lite pendente nec contra rem Judicatum Privilegium ullum detur , taliter enim Privilegium datum nullum est . 9. Ne per Privilegium Monopolium constituetur quippe Legibus aliis antiquis & novis damnatum ac sua natura omnibus merito exosum . 10. Ne per Privilegium Sontes a Paenis promeritis eximantur . 11. Ut Privilegia sint rara potius quam nimia quae perinde ac multa leges vitandae sunt . Ex Privilegiorum nimietate omnes illi Privilegiorum abusus resultant & realia dum per familias & successiones traduntur paulatim eo tendunt ut Principem non agnoscant nullaque in re obtemperent personalia minus quidem diuturne sunt sed multitudine vilescunt . Et in quos nimia congeruntur fere praecipitant maleque sua opprimunt renumerativa sunt quamvis minus sunt invidiosa ingratos tamen & superbos efficiunt Conventionalia venditioni propria sunt , nec in beneficio ponunt etiam quae parvo sunt precio compararunt uti scribit Adam Contzen . lib. 5. polit . ca. 18. & 56. nulla magis re quam privilegiis contra dominos servi , contra patronos invalescunt Clientes , nec dicere timuit omnium quae a ducentis Annis quae principatus Germaniae Civitatesque concusserunt seditionum originem a privilegiis multis magnisque manasse ; hinc Fredericus Mindanus l. 2. de mand . ca. 13. n. 8. exclamat utinam divi mortalium , Opt. Max. Imperatoris nostri non nimium privilegiorum indulsissent vel concessissent , hac enim via tota Italia , polonia , & aliae potentissimae provinciae Imperii Romani fraenam excusserunt ut itaque omne incommodum evitetur adsit modus qui si absit . Vertitur liberalitas in exitium tacitus lib. 3. Historium . Requiritur etiam ex parte acquirentis . 1. Ne per fraudem aut mendacium privilegium impotest . 2. Ne per vim aut metum . 3. Ut virtute potius meritisque quam nuda pecunia privilegia acquirantur . 4. Ut quamvis ad privilegium alicujus acquisitionem regulariter citatio non requiratur , si tamen privilegium illud vergat in praejudicium tertii simile privilegium quocunque modo habentis is de cujus praejudicio agitur adcibetur . 5. Ut privilegium adversus aliquem obtentum legitime eidem et Judici ordinario istius loco insinuetur . 6. Ut in scripto vel instrumento privilegium obtineatur . 7. Ne impetrentur privilegia obscura . 8. Ne pecantur privilegia ludicra inepta et ignominiosa aut am antea Jure communi concessa . 9. Ut privilegia impetrata bene quoque sint clausulata . 10. Ne privilegia quae petuntur sint de genere prohibitorum nec ambitiosa . And as to the end of Priviledges they ought to be , 1. Bonum publicum . 2. Decus & gloria principis . 3. Stricti Juris Temperamentum . 4. Meritorum aeque Recompensatio & ad bene agendum invitatio . 5. Dignitatum , Ordinum et Munerum publicorum conservatio . 6. Personarum et rerum secundum omnes circumstantias justus respectus . As to the effect of Priviledges . 1. Quod idem operentur atque Lex et Jus Commune . 2. Idem operatur quod consuetudo vel Statutum . 3. Potentius est Jure Communi . 4. Fortius operatur quam pactum . 5. Immunitatem a muneribus personalibus et Civilibus praestant , as in our Laws the Kings protections of his Servants do operate . All which Requisites in the pretended obtainers will not be warranted by the invitation of the Rebel Brethren of Scotland , or by their Treaty with the Blessed Martyr at Rippen when he was so necessitated , or by the long lasting Rebellion of the English Parliament joining with them and obtaining their help , or by the many underminings of Monarchy , and pretending false Priviledges , or the murder of him afterwards , when he was at his Arraignment told by that impudent Rebel Bradshaw ( not then stiling them a third Estate ) bidding his Soveraign hold his Peace , for that the Vote of the House of Commons was the Reason of the Kingdom . When it ought every where to be acknowledged by the Rules of Reason and Truth that Privilegia are so called a Privando Leges , and it should alwaies be believed that peccandi potentia non est libertas , neque pars libertatis est indubitata doctrina . Et quae omnium pene graviorum Authorum suffragio nititur hanc habet Expresse D. Bonaventure in 2 distinct . q. 3. Nec habet tantum sed probat plurimis rationibus hanc tradit D. Augustinus lib. de Arbitr . cap. 1. ubi docet peccandi potentiam non modo non esse libertatem nec partem libertatis sed esse defectum ejus , Et dixit D. Tho. qui. 1. P. 62. Quest. dixit Angelos quia peccare non possunt liberiores esse nobis qui pecca e possunt . And Cicero defineth liberty to be potestas vivendi ut velint at non vivit ut velit , qui juxta sensus carnis suae & Cupiditatis , sed is solummodo qui vivit juxta rationem ; Plutarchus & Epictetus eandem Libertatis definitionem Nobis dederunt , not that liberum esse debet dici cui nec impedimentum praeberi possit volenti , nec vis inferri volenti , but if none of the fancied vast liberties which the too many of our State or Government Menders would entitle their own evil designs , and entail upon all that shall be so foolishly wicked as to be deluded by them ; and the costly searches of Mr. William Pettit amounting by his own Report unto more than five hundred pounds in all that could be found in any the Books and Manuscripts publick or private of England , cannot reach or come so near as unto a probability that there ever were in the Brittish , Roman , Saxon , Danish or Norman Raigns of our Kings and Princes , and their many Royal Successors ever since or long before that , since the Creation of the World either in Parliament , or without any mention of a third Estate inherent in the people , and they must be content to go a begging for a belief in some lately discovered Island , where they may dream any such stuff may be sound either as their modus tenendi Parliamentum or a third Estate , as Subjects at the same time governing their Kings and Princes , when by their Oaths of Allegiance and Supremacy , they are bound alwaies to be obedient unto them as ( next under God ) their SupremeHead and Governor . And may curse their fate that every thing their scrutinies can assist them with , should not with wresting , wringing and false and senseless Interpretations appear at all to be for their purposes , but every thing clearly against them , and sorrowfully repent that they or their Predecessors had so unhappily busied themselves in destroying so many Props of the Monarchick Government , as the Court of Star Chamber wherein did sometimes sit as Judges , the Lord Chancellor , Lord Treasurer , and the Chief Judges of both the Benches and the Barons of the Exchequer the Archbishop of Canterbury , and divers of the Kings Privy Council , who as Judges in seveveral Courts did sit there upon special occasions , and the procuring the King to take away the High Commission Court in their miscarried designs of Levelling the Hierarchy and order of Bishops ; The want of which two very necessary and useful Courts hath suffred the Nation to be overflown with all manner of wickedness and Impiety . And in that their over-hasty carreer of breaking our English Monarchy like a Glass into many small or little peices needed not to have been so hasty but have paused a little while & have considered , that as unto the circumstances of Time , Place , Number of Persons , Usages and Customs in a variety of contingencies , being the only ancient , proper and efficient cause of summoning Parliaments , adjorning or dissolving them , there could not be a probability of a modus tenendi Parliamentum either in King Edward the Confessors Raign , or before or after , for that our Parliament Rolls and Records do una voce plainly declare against it , and shew that many times Parliaments have been holden in the absence of our Kings by the Prince his Eldest Son , or by some other of their Sons as Lieutenants or Guardians of their Kingdom , or by the Queen Mother assisted by the Kings Justitary or other Commissioners , during the Imprisonment of King Richard the first , or by the Queen Consort of King John in his absence , or by King Henry the 4th in his usurpation upon King Richard the second , when he unjustly made use of a Parliament summoned by him ; And there could not be a third Estate in the Raign of King Charles the second when he had as aforesaid so unfortunately been ill advised to exchange the Nerves , Sinews , Strength and Honour of his Crown and Government for a mistaken Recompence of an Excise upon Ale , Beer , and Syder , and then there were but two Estates , viz. The Lords Spiritual and Temporal subordinate unto their Soveraign , and it would be a difficulty insuperable to find any Truth , Reason , Evidence , Probability or Possibility that there is or ought to be a Soveraignty inhaerent in the people , or if such Improbabilities were or could be , what Method or contenting Equal distribution could be made thereof , amongst Learned and Unlearned , Ambitious , Rich , and Poor , Rude , Ignorant , or better tempered vicious or virtuous Women and Children or Fooles , Madmen in their intervals or without , when some have not improbably calculated the number of the Kings Subjects in England only to be not much under five Millions , besides these vast numbers in Scotland and Ireland ; And who upon any or many discords like to happen should be the pacifying Reconciler , Justiciary or Umpire betwixt them , and what Charters , Agreements or Surrenders should be contrived or put in writing betwixt them , concerning the Right use or distribution of that never to be proved inhaerent Soveraignty in the people taking as Subjects the Oaths of Allegiance and Supremacy , or that ever it was attempted before our English Rebellions either in England , Scotland or Ireland , or can they give us any reason or demonstration that it was ever allowed of , or that any pact or Agreement was made to confirm it . Neither is there any Modus tenendi Parliamentum , or any such thing or matter as a three governing Estate in the solemn Recognition made in a Parliament at Clarenden in the Raign of King Henry the second of the Anitae Consuetudines or Laws used in the time or Raign of his Grand-Father King Henry the first , which the Archbishops and Bishops verbo veritatis sine dolo , & malo Ing nio promised faithfully to obey , and the Earls and Barons likewise . And will be a Priviledge never taught to the Athenians ( sometimes the wiser part of Greece by their great Legislator Solon , who after he had made them some Laws feigned a Voyage or Journey to Salamia , and caused them to swear to observe them until his Return and absented himself the longer because he would not have them break them , as Pisistratus the Tyrant did afterwards to his own advantage perswade them to do ; the Spartans under their great Legislator Lycurgus and the many other little Commonwealths of Achaia first fooled by Philip of Macedon , afterwards by Alexander the Great his Son , who conquered all that part of the World but Diogenes the Philosopher in his Tub , now all into slavery the Ottoman Empire , had long before better business to trouble their Heads with than the fond Imagination of a Soveraignty inhaerent in themselves , although one of their most ●acred Laws in their Ten Tables was , Slus populi sit Suprema Lex ne quid detrimenti res publica capiat , Neither did the Romans those Cordatissimi Mortales , ( as the learned Pettus Cunaeus hath stiled them ) and most watchful of their Priviledges , the wary long lasting Republick of Venice or the later Confederates of the United Provinces ever trouble themselves or any other with such reasonless incredible Whimsies , it being impossible that Subject and Soveraignty should constare vel consistere in uno eodenque Subjecto . neither when Jeroboam drew away the Ten Tribes of Israel from the Obedience of Rehoboam , and made as the Holy Scripture saith all Israel to sin , was there any such opinion amongst their Cabalistical Doctrines ? The Republicks of Venice & Holland could not be capable of Leagues and Treaties with Monarch and Forreign Princes as unto War and commerce , nor the little Common-wealths of Genoa and Geneva , or those many Imperial free Cities or Towns in or near Germany , or the Electors of the Empire or the Hanse Towns , should they give entertainment unto such Fancies and Fopperies as a Soveraignty in the people , neither would the Cantons of of Helvetia or Switzerland think themselves well used to be obliged to such a Parcel of unpracticable folly . And if those Egregious Cavillators can find no way of retreat for those their notorious follies but to fly for Succour unto praescription , that will ( if they could as they will never be able to prove it ( yeild them as little comfort for a Rebellious electing of some few Members into the House of Commons first formed as unto a small number of them during the Imprisonment of King Henry the third by Montforts Army of Rebels that would not mount unto a Prescription quia mala fide , and if it could have come up to any thing like a Prescription , there would be no reason or need for an Election of Members to be in the House of Commons in Parliament by the Sheriffs by the Mandate or Warrant of the Kings Writs , or how could a party drawn out of such a pretended inhaerent Soveraignty in the people , rationally subsist when those their untruly supposed Rights or Priviledges cannot upon the most exact enquiry be found or discerned amongst all the Records , Charters and Patents of our Kings and Princes , or those of any of our Neighbour Nations of Christendom , or of any other Nation , White , Black , or Tawncy , but do plainly contradict it and declare the quite contrary , and will manifest it , to be the greatest Cheat and Villany that ever was put upon the Sons and Daughters of mankind either as unto a pretended inhaerent Soveraignty or a third Estate , or the figment of a Modus tenendi Parliamentum . Or how could any of our Kings Rightly and Justly stile them a third Estate when they could not choose a Speaker without their License , nor leavy their Wages without his Writs directed to the Sheriffs for that purpose , nor punish any that had arrested any of them or their maenial Servants whilst they attended the King in their Service for him and their own good , and at all conferences either in their own House or in the House of Peers were to stand uncovered when the Lords sate covered , could not grant Tax or Aid without the consent of the Lords Spiritual and Temporal , and in King Edward 1. His Raign and some of our after Kings have refused to intermeddle or give advice in matters of Peace and War , but desired that the Councel of the Lords as the most able might be taken therein . In the 34 , and 35. H. 8. the Knights and Burgesses of Chester had no title of Estates , but the same King in the Act of Parliament declaring in what Order and Manner the Lords should sit in the House of Peers in Parliament , made no appointment for or concerning any of the House of Commons , as if they had been no Essential part of Parliament , & that in the great case of Mr. George Ferrars a Member of the House of Commons as wel as a Servant of that Kings upon a complaint that he had been imprisoned , and the Kings Serjeant at Arms attending their Speaker , was beaten and abused the House of Commons in Parliament complained to the House of Lords who remitted it to them again , and no remedy or punishment could be had until it came to the King himself , who without any mention or Title given unto them of a third Estateship was pleased to grant it . And in Queen Maries Raign 39. of their Members were Indicted by her for not attending the Parliament , yet none either claimed a third Estateship or to be tryed by their Peers . Queen Elizabeth imprisoned some , and at several times charged them and their Speaker not to intermeddle with matters of Church or State , but all the Masters of any Understanding , Reason or Common sense ought to understand them to be no other than Petitioners and her Leige-men . And it is well known that King James in his Instructions to his Son Prince Henry , and his learned answer to Cardinal Peronius does assert the Jus Regium to be the Right of Kings from God immediately , without any notice taken of a third Estate . But if those Kingly Government or Monarchy Reformers would but give their contemplations and designs some little Respite , they might easily perceive the frailty of the Materials out of which they mould would the Members of the House of Commons into a third Estate , and might find Evidenee , Records , Reason and Law enough if they have not forsworn them to desist from such an impossibility . And it might better become their own busying themselves in the government of the Kingdom , wherein they have no manner of skill or knowledge ( to consult the consequences and the Events , and having no knowledge of the causes , Mediume , contengencies or treacheries too much or too often attendant in Princes affairs not seldom also miscarrying for the Sins of the people , or of some Jonas in the Ship deserving a punishment , ) ought more seriously to weigh and consider how little the people of England will think themselves hereafter beholding or obliged unto them , when in a popular and aboundance of Ignorance accompanied with sin and wiekedness they advised King Charles the Second to dissolve by Act of Parliament these Nerves and Sinews of the Crown , which the Judges of England in the Raigns of King James the first and King Charles the first upon several consults have declared to be so inseparable to the Crown of England as the most potent and binding Act of Parliament that could be made will never be able to disunite them ; when they have thereby against their wills converted those Tenures of Honour and safety to their King , and Protection , peace and plenty to his people , and the Releifs and Herriots due and payable to the King , into a Chimney-Money granted afterwards by another Act of Parliament , and what a profitable bargain they have made by forfeiture of all the Lands which they held by and under their Feudal Laws converted into Socage , when by a Law made by King Athelstan ever plow Land in Socage was to find in Service upon occasion of War binos ornatos atque instructos Equites , when by converting all the Tenures in Capite ( that of the Peers and Grand Serjeants excepted ) into Socage they have given the King a greater Revenue than they intended far exceeding the Revenue of the tenures in Capite , ( the honour of the King and safety of himself and the people excepted . And that in those early times none were imployed in Commissions or Places of trust by our Kings and their Laws but Knights holding by Tenure in Capite immediately , or mediately that King Henry the 2d in some of his Laws declared none to be liberi Homines but those that were Military , and that if the Socage men or Tenants of all the Possessors of Lands , and Tenements now in England and Ireland must be in no better a capacity than as Villani , Servi , Bordarii , Cotarii , and Tenants at will under domineering Landlords and be shut out of the blessings of our Magna Carta and Carta de Foresta , and left as the people were in the Raign of William the Conqueror , William Rufus and Henry the first to the dire punishments ( cases of Treason and Felony only excepted ) of plucking out of Eyes and cutting off the Genitals Legs or Noses of the Offenders . And it might be a meet question among the Heralds upon what foundation more than 1000 Knights Baronets do now stand seeing that Ireland is turnd into a Socage Tenure , when the first original of them was to find in Capite so many men at Arms in the Kings Service . And having with the Prophet Jeremy called , cried out and advised many of my friends stare super vias antiquds & inquirere veritatem , I lament and bewail that the Monarchy of England that for more than 1600 years last past hath been so great & glorious amongst her Neighbour Nations , and hath in this our last Century of years been so unhappy ever since the beginning of the Raign of King John , when Hubert Archbishop of Canterbury had in his Oration at the Coronation of that infortunate King declared to the Nobility and people there assembled that he was created King by the Election of the people and being reprehended and blamed for it by some of the Nobility , was at that Instant or before that Assembly forced to excuse that inadvised Speech as well as he could by saying he had so done it as knowing his force , nature it might induce him to govern the more orderly , although he might have known that the Kingdom of England was hereditary and that King Richard the first had by his last Will and Testament devised it unto him with all other his Dominions , and caused the Nobility there present to swear fealty unto him . Which poyson so thrown into our Body Politick , and by degrees creeping into it may well be believed to have so fixed the venom thereof as it hath from age to age been the original Cause and fomenter of the very many mischiefs and discords ( some Intervals of quiet intervening ) that have until the late long Parliament Rebellion and the Murder of King Charles the first and ever since unto this very day by those unhappy discords hapned in our Parliaments General Consiliums Colloquiums or conferences betwixt our Kings and Princes , and a select number of his Subjects for mutual Aids in a general and reciprocal concernment the best and most happy constitution that ever was or could be practised in any Kingdom if it could have escaped that Series malorum Concatenation of discords that have of late been too often their Concomitants either by some aversions to Loyalty , or by the Grand mistakes in the practise thereof , and by the Common people making the Parliaments of later times to be as their King , and he that is and should be their King little more than an extraordinary fellow Subject . A Right observation and accompt whereof may from one unto the other lead us to the late blessed Martyrs fatal Murther , and that Pestiferous Doctrine that did over much intice the Vulgus and ignorant part of the people , that there is and ought to be an Inhaerent Right of Soveraignty in the people , it being not unuseful for after ages to know and understand the same with the beginnings and progress thereof , which for ought appears had its first original from Thomas Becket . Archbishop of Canterbury , who had in the troublesome Raign of King Henry the second , and at the time of the making the Assise and Constitutions at Clarendon , such a peevish ambition and unwarrantable loftiness of Spirit as after the King had in the presence of the said Archbishop and all the Bishops , Earls , and Barons of England received their Recognitions and promises to perform and obey them , they were sent unto the Pope to have his approbation , who returned them to some with an hoc damnavit & toleravit as unto others . And Stephen Langton Archbishop of Canterbury promoted by the Pope against the will of King John , discovering as a singular rarity the Charter of the liberties granted by King Henry the first , did so please some discontented Barons as they swore upon the Altar they would live and dye in the obtaining those beneficial Laws and Liberties , begot a Spirit of unquietness in them , which could not be allayed until the said Avitae consuetudines recognized and all ratified by King Henry the second his his Grandson by the constitions ●at ●arendon , which begetting some little quiet broke out again in a worse manner upon his Son King John in the constraint and unkingly force put upon him at Running Mede , where those tumultuous Barons w 〈…〉 a great Army in battel Array the better to attain their said Charter of liberties had promised to pay debts but never intended it . And were so faithless and unwilling to be his Subjects as what they by force extorted from that oppressed Prince could never truly and properly merit the name or title of a Charter , although he himself had been constrained so to call it , and the King of France in his Exception to his award made as aforesaid many years after had so stiled it , yet those undutiful doings of theirs were disliked by divers of the Bishops that had been the Popes and those Rebellious Barons Favourites who it seems did so little intend what they ought to do and undertook as some of the Bishops could not deny to certify as followeth . Omnibus Episc. sidelibus Stephanus De igra . Cant. Archiep. Primas , & Sanctae Romanae Ecclesiae Card. Henr. Dublin . Archieq . Will. London , Petrus Winton , Joscelin . Bathon . & Glaston . Hugo Lincoln . Walter . Wigorn. Will. Coventr . Richardus Cicestr . & Magister pond Domini papae Subdiaconus & familiaris , Salutem , Noverit Universitas vestra quod quando facta fuit pax inter donum Regem Johannem & Barones Angliae de discordia inter eas orta , lidem Barones nobis presentibus & audientibus promiserunt dom . Regi quod quamcunque securitatem haberi vellet ab iis pace illa observanda ipsi ei habere facerent praeter Castella & obsides ( they having forced him to grant them Castles as Pledges ( Postea vero quando dom . Rex petit ab iis ut talem cartem ei facerent omnibus &c. Sciatis nos astricto esse per sacramentum & homagium dom . nostro Johanni Regi Anglae de fide ei servanda de vita & Membris & terreno honore suo contra omnes homines qui vivere possint & mori , Et ad Jura sua & & heredum suorum ad regnum suum custodiend . & defendend . ipsi ei facere nollent , Et in hujus rei testimonium id ipsum per hoc scriptum protestamur . Although he had been so careful and willing to perform the agreement made with them on his part as he directed his Writs unto his Subjects in every County in the words following , viz. Rex , &c. vic . Forestar . viridar . Custodibus Ripariorum & omnibus Ballivis suis in eodem Com. saltem , Sciatis pacem f●●niam esse reformatam per dei gratiam inter nos Barones & liberos homines regni nostri sicut audire poteritis , Et inde per Cartam nostram quam inde fieri fecerimus , quam etiam legi publice preceperimus per totam Ballivam vestram & firmiter tenendi volentes , & districte praecipientes quod tu vic omnes de Balliva tua secundum formam Cartae praedictae Jurare facias 25 Baronibus de quibus mentio fit in Carta praedicta ad mandatum eorundem vel majoris partis eorum ipsis vel ad quos ad hoc attornaverint per Literas suas patentes , Et ad diem & locum quos ad hoc faciendum providerint praedicti Barons vel Attornati ab eis ad hoc volumus etiam & praecipimus quod 12 Milites de Com. tuo qui eligentur de ipso Com. vestri primo Com. qui tenebatur post susceptione lite rarum istarum in partibus tuis de inquirendis pravas consuetudines tam de vic . quam de eorum Ministris . Forestis , Forestariis , Warrennis , viridariis & eorum Custodibus & eis delendis sicut in ipsa Carta continetur , vos igitur omnes sicut nos & honorem nostrum diligitis & pacem regni nostri omnia in Carta contenta inviolabiliter observatis & ab omnibus observi faciatis , ne pro defectu vestrum aut per excessum nostrum pacem regni nostri , quod dominus avertat , iterum turbari contingat , Et tu vic . pacem nostram per totam ballivam tuam proclamari facias & firmiter teneri praecipias Et in hujus &c. Vobis mittimus Teste me ipso apud Runnimed . 190 die lunii Anno regni nostro 17. And a Charter thus gained and forced by Rebels not designed and desired by the King for ought appears and infringed only notwithstanding by the Rebels themselves came after to be so little valued or esteemed to be valid or worthy of a confirmation , by any Parliament or approbation of any of our Kings or Princes in their very many Parliaments ever since , as that of Magna Charta made in the 9th year of the Raign of King Henry the 3 granting those many Liberties of the people of England , hath been 32 times confirmed , and that of his Father King John being after in that grand and dire Anathemation in the later end of the Raign of King Henry the third enforced upon him was only read before them unto him , and was in that our late Rebellious Parliament by the Agitators in Annis 3 & 4 Caroli not so much as taken notice of , but altogether ecclipsed and silenced as a Charter not deserving a recommendation to posterity . King Richard the second , ( Henry the fourth having succeeded and deposed him ) after his said Deposition was only stiled Chevalier , as the Record following will mention . Inter Fines levatos tempore Henr. 4 in Com. Not. inter alia sic continetur ut Sequitur . Haec est finalis concordia factu in cur . Dom. Reg. ( H. 4. ) apud Westm. A die sci . Martini in quindecim dies An Reg Dom. Regis Angliae & Franciae primo coram Willo . Thirning , Willielmo Rickhill , Johanne Markham , Willielmo Hankford ( it being that William Hankford or William Thirning that notwithstanding their own Rebellions , could in some of the Reports or year Books of that Kings Raign adventure to say that the Laws were never better administred then at that time ) & Willielmo Brenkslie Justic. Et postea A die Paschae in quindecim dies Anno regni ejusdem Regis Henrici quarto ibidem conces . & concordat . fuit coram eisdem Justic. & aliis Domini Regis sidelibus tunc ibi praesentibus , inter Thomam Rempson quer & Richardum nup. Regen Angliae Chivaler defercient de maneriis de Bingham , Clipston O the Hill Juxta plumton cum pertinentiis ac 32. messuag . 34. virgat . terrae , 50. Acr. prati & 10 s. Reddit . cum pertinentiis in Clipston O the Hill Juxta Plumton , Codgrave Kynalton Outhorp & Newton , 〈…〉 t de advocatione de Bingham unde placitum praedictum scilicet quod praedict . Nuper Rex recogn . praedict . maneria esse Jus ipsius Thomae habend . & tenendi dicto Thomae & haered de corpore suo de dominis feodi illius per servitia quae ad advocationem praedict . pertinent in perpetuum , &c. Et pro hoc Recogn , &c. Idem Thomas dedit praedicto nuper Regi quingentas martas Argenti . After the troubles of which King Henry the fourths usurpation , followed the conquest of France by King Henry the 5th his Son , and the troublesome raign of King Henry the 6th reviving again the Rebellion of Jack Cade , managed for the Interest and by the design of the House and Family of York , begun again to wake the long before laid to sleep conservatorship of Liberties , which must be saith Mr. Pryn of 12 of the Nobility , 6. of the Commons , and so from one unto another , until the conservatorship of the Liberties of the people came to take its rest in the house and Family of York , that was in deed the right heir of the Crown of England , and the Kings thereof , the Givers and Protectors of the Liberties of the People , which King Edward 4. well understood when he told Sir James Strangwaies the Speaker of the House of Commons in Parliament in these words following , viz. James Strangwaies , and ye that be come from the Commons of this my land for the true hearts and tender consideration they have had to my Right and Title , that I and my Ancestors have had to the Crown of this Realm , the which from us hath been long withheld , and now thanked be almighty God of whose grace growteh all Victory by your true hearts and great assistance , I am restored to that that is my Right and Title ; Wherefore I thank you as heartily as I can , and for the tender and true hearts ye have shewed unto me , and that ye have tenderly had in Remembrance the correction of the horrible Murder , and Cruel death of my Lord and Father , my Brother Rutland , and my Cosen of Salisbury and others ; And I thank you right heartily , and I shall be unto you by the grace of Almighty God , as Good and Gracious a Soveraign Lord as ever was any my noble progenitors to their Subjects and Leigement , and for the faithful and loving hearts and also the great labour that you have born and sustained towards me in the recovering of my Right and Title which I now possess . I thank God with all my heart , and if I had any better to reward you withal than my Body , you should have it , the which shall alwaies be ready for your defence , neither sparing nor letting for no Jeopardy ; praying you also of your hearty assistance and continuance as I shall be unto you very righteous and loving Leige Lord. And the bloody Wars betwixt the two great contending Families of York and Lancaster , those Factions tired on both sides , and the Attainders and Confiscations on both sides , in the Raign of King Edward the fourth , with the Marriage of King Henry the seventh , with the Daughter and heir of King Edward the fourth , his two Sons being Murdered by their Uncle Richard the third , who died without Issue , and King Henry the eight his quarrelling with the Pope , and confiscating the monasteries and Abbies , gratifying many of the Nobility with much of their Lands , and much obliging them thereby , and enriching many of the Tenents and making them and their families to be Gentlemen that durst not own or approach that Title before , and the short Raigns of King Edward 6. and Q Mary busied by the one in the setting up of the Protestant Religion , and the other in reducing Popery to its former Station , gave a long tranquility from State disturbances augmented by Q. Elizabeths 44 years glorious & peaceable Raign , not only in the propagation & defence of it here , but in many other parts of Christendom , and gave a peaceable entrance to King James her next Heir and Successor , who met with two Grand Assaults of Treason , the one of Sr. Walter Rawleigh , and others , who fetching that Lawless Doctrine and Peice of Law some hundreds of years before set up , that allegiance is due to the Crown , and not to the person of the King , long before condemned in Parliament in the example of Hugh le Despencer , in the Raign of King Edward the third , and the other being the Gunpowder Treason , was miraculously discover ed almost , in the very instant of executing thereof , and although villainously Wicked and Horrid fell much short of our last long Rebellion both as unto the length of time and Hypocrisy , shedding of Blood , Massacres , abuse of God and the Holy Scriptures , and the levelling and utter destruction of a most Ancient and Glorious Monarchy . King James in the 22th year of his Raign over England departing this life not by taking an ill advised Medicine , to expel an Ague , as was villainously reported , but upon a careful examination could never be proved to have been other than Innocent , though recommended by the Earl of Warwick then as it after appeared none of our Monarchy Favorites , King Charles the first his Son succeeding shortly after , espoused the Lady Henrietta Mary Daughter of Henry the fourth King of France made a League Offensive and Defensive with the States of the United Provinces , and besides two well exercised Regiments under English Commanders paid by the Dutch , sent unto them four gallant Regiments more under the several Commands of the Earls of Oxford , Essex and Southampton , and Lord Willoughby of Eresby , and a well Rig'd and Furnished Fleet against the King of Spain landed at Cales , whence without doing the business designed they returned home ; The Duke of Buckingham and the Earl of Bristol in the mean time accusing in Parliament each other of Treason and Misdemeanors , acted whilst the King as Prince was in Spain the one for the promoting the Marriage with the Infanta of Spain , the other for hindering of it , whereupon followed the imprisonment of the Earl of Bristol in the To wer of London ; and the King being put to great charges in his sending Embassadors and mediation in the obtaining a considerable part of the last Palatinate to be restored to his Brother in Law , and to be made an eighth Elector to be joyned with the former seven , and with the yearly payment of giving great pensions to the distressed King and Queen of Bohemia his four Nephews and two Neices , under the burden of great Debts and Necessities much augmented by the costly furnishing out a Fleet of Ships , and a gallant Army to invade the Isle of Ree in France , to divert the King of France from subduing of Rochel the Inhabitants whereof had supplicated him for Aid , which produced none other effect but the loss of all his hopes therein by the ill conduct of the Admiral to the loss of some gallant men , yet was so unwilling to forsake those oppressed Protestants , as he after sent two if not three other Fleets strongly furnished Ships with Men , Arms and Ammunition to relieve them under more Skilful Commanders , who endeavouring all that men could do , were constrained to return home and leave those Protestants to the over-powering forces by Land of the King of France and in the midst of his own pressures and great wants of Money , having no more of his own Royal Revenue to support these expences than about 800000 l. sterling per Annum for his Revenue , much whereof by the usual Lickings and Cheats of his Trustees , Officers and Receivers could never find the way to his Coffers . And had been so incessant in his desires to help those oppressed Protestants of France as to procure Money to assist them in that his last attempt , he sending to the Citizens of London to lend him 100000 l. They answered they could not for that they had heretofore lent unto his Father King James as much upon Privy Seals which had not been yet repaid , ( although it was but lent by several Citizens to make up that some of Money ( but if his Majesty would give them a security by some of his own Revenues in Land to pay the first hundred thousand pounds with interest for it , they would lend him another hundred thousand pounds , and the particular mens names that lent the Moneys to make up the first 100000 pounds were expressed in a Schedule , which done , as will appear by the said Schedule which I have seen 12000 l. per Annum of old Rents of Assise in Richmondshire , or in the County of York , were by the King conveyed and granted absolutely unto some Citizens in trust for the City of London for the payment of the said two hundred thousand pounds with the Interest as aforesaid for the said one hundred thousand pounds lent unto King James , the Wood and Timber only growing thereupon amounting unto as much as the aforesaid Sums of Money lent with the Interest , which over-profitable bargain made by the City of London for themselves they with a parcel of conscience ( not of God ) did treat with the particular Lenders of the Money to King James , and for ten l. or a very little in every hundred comed and took up their Privy Seals , but were unwilling to trouble the King with the thought●s thereof to the damage of him and disherision of the Crown of England , and being taken notice of and complained of , a Commission was granted unto the Lord ottington , Sir Henry Vane , and Sir Charles Harbord the Kings Surveyor to enquire thereof and certify the King thereof , wherein they were so kind hearted , and the matters so managed , as no●hing more was heard thereof , but the City of London continueth in possession of the said Manors and Lands , or have spent the same in assisting the late horrid Rebellion against him and together with it the CityOrphans Mony , for which it hath been reported they are willing to pay them by composition after the rate of 6d per. ponnd , caused a Bill to be exhibited by his Attorney General in his Court of Starr Chamber against John Earl of Clare , and Mr. Selden for having only in their Custody two Books or Manuscripts directed unto him by Sir Robert Dudley an Englishman living in Florence , and stiling himself a Titular Duke of that Countrey , endeavouring to instruct him in the method of raising Money by a Tax upon all the Paper and Parchment to be used in England , caused Sir Giles Allington to be fined in the High Commission Court for Incest and the Lord Audley Earl of Castlehaven to be arraigned in the Court of Kings Bench for Sodomy , whereupon after Tryal by his Peers he was Condemned and Beheaded , suffered a great Arcanum Imperii in his Praerogative in taxing or requiring an Aid of Ship Money , or for setting out a Navy of Ships when the Kingdom was in danger , to be disputed in the Exchecquer Chamber by Lawyers and Judges ( which King Henry the fourth of France by a constant Rule in State Policy would never yeild to have done , imitated by Queen Elizabeth who in some of her Charters or Letters Patents as unto Martin Forbisher a great Sea-Captain declared de qua disputari nolumus ) upon the case or question of 10 s. charged upon Mr. Hamdens Estate in Buckinghamshire of 4000 l. p. Annum wherein all that could be raked out of or by the Records of this Kingdom was put together by Mr. Oliver St. John , and Mr. Robert Holborn , theformer being after made Cheif Justice of the Court of Common Pleas by Hambden and the Rebel party , and the later taking Arms for the King faithfully adhered unto him , whereupon that cause coming to be heard , & all that could be argued for the not paying or paying of it , of twelve Judges that carefully considered the Arguments , and gave their opinions , there were ten concurred in giving Judgment for the King , and only two , viz. Justice Hatton , and Justice Crooke , who having before under their hands concurred with all the other , and suffered their subscriptions to be publickly inrolled in their several Courts at Westminster , could find the way to be over-instrumental in setting our Troy Town all in Flames whilst that pious Prince being overburdened with his own more than common necessities did not omit any part of the Office of a Parens Patriae , but taking more care for his People than for himself ( too many of whom proved basely and wickedly ingrateful ) called to accompt Lionel Cranfield whom he had made Earl of Middlesex , and Lord Treasurer of England , fined him in vast sums of money , ordered him during his life never more to sit in the House of Peers in Parliament , received a considerable part of his Fine , and acquitted him of the residue . And being desirous as his Father was to unite the Kingdom of Scotland in their Reformed Religion , as the more happy Church of England was both as unto Episcopacy and its Liturgy , that attempt so failed his expectation , as a mutiny hapned in the Cathedral Church of Edenburgh , and an old Wife sitting upon a Stool or Crock , crying out that she smelt a Pape at her Arse , threw it at the Ministers Head , whereupon a great mutiny began , and after that an Insurrection , which to pacify the King , raised a gallant Army of Gentry and Nobility , with all manner of warlike provision , and marched unto the Borders , but found them so ill provided for defence as they appeared despicable , yet the almost numberless Treacheries fatally encompassing that pious King persuading him not to beat or vanquish them when he might so easily have done it , he returned home disbanding his Army , and a close Favourite of Scotland , was after sent to pacify them , but left them far more unruly than before , shortly after which , Philip Nye a Factious Minister that should have been of the Church of England , but was not , with some other as wicked Persons were from England delegated to Scotland , to make a Co●enant of Brotherly Rebellion against the King , and accordingly the Scots being well assured , that their Confederates in England would not hurt them , marched into England with a ragged Army with Petitions to the King , and Declarations of Brotherly Love unto too many of their Confederates , seised by the cowardise , or carelesness of the Inhabitants the Town of Newcastle upon Tine , notwithstanding a small Army ill ordered , was sent to defend it better than they did , so as the Scotch Petitioning Army quartering there , and in the Northern parts , the King hastening thitherwards with Forces , was persuaded to summon at Rippon a great Council of many of his Nobility , whither too many of them that came being more affected to the Scotch Army , that came like the Gibeonites with old Shoes and mouldy Bread were allowed to be free-quartered , and a Parliament suddenly to be summoned at London , whereby to raise money for the discharge of their Quarters & Army charges , in the mean time the Scotch & their Commissioners , with their Apostle Alexander Henderson have license to visit London , where they are lamented , feasted and visited , and almost adored as much as St. Paul was amongst the Macedonians or the Brethren , who cryed up their holy Covenant and Religion to be the best , the Church of England with her Ceremonies , Common Prayers and Potage , not to be compared unto it , the Parliament would help all , and the Scots Commissioners were so popular and in request , as they seemed for that time to govern both the City of London and Parliament , and by their peace , pride and plenty had generated Sedition and Faction , and that combustible matter in England burst into a Fire which could not be quenched , the Kings Privy Council could not please the five Members , nor Kimboltons Ambition and Envy be satisfied without being made a great Officer of State , but proved after to be a general of some associated Counties against the King , God might be worshipped with a thriving Conscience , and the people taken care for by plundering Sequestration , Decimation , Killing , Slaying , or Impoverishing the Common Wealth or Weal Publick . Pym who had been Receiver of the Kings Money , and had not accounted for it in Twenty years , was once endeavoured to be pleased by being made Chancellor of the Exchequer , Hollis one of the Secretaries of State , Sir Arthur Haselrig and William Strode were to be put into great places , one to be Governour of the Prince , and the other as a Secretary , and there being no special Office for the Lord Kimbolton , the hopes of their being better Subjects and Councellors than the former begat their after Rebellion , for which three Kingdoms , and the ruin and desolation thereof , with the life of the Blessed Martyr King Charles the first might have been spared , if that Treason had been punished by Law , the King having been informed that some of the well-willers to the Scotish Rebellion had before hand conveyed away their Estates , the next care to be taken , being to take away the Life of Thomas Earl of Strafford , who was General of the Army of the King in the North against the Scots , who coming up to London to accuse Pym , and the rest of the five Members so called , found as he was knocking at the door of the House of Peers , Mr. Pym gotten in accusing him of High Treason , upon which he being Arraigned was Acquitted , when he was guilty of no Treason but they of abundance , but that not giving satisfaction to their wicked designs , they invented a way to have him again Arraigned upon a Bill in Parliament at the Suit of the Commons of England , ( which was the first Bill in Parliament of that kind in writing that ever was before , to Interest , and proclaim the House of Commons to be Co-ordinate and a third Estate , including the King to be in , or ex se one of them , ) many of the Preachers were found fault with , for Arminianism and other Doctrines , by those that understood them as little as they did the Word of God , that they preacht up the Kings Power and Prerogative , and Doctor Manwarring voted by the House of Commons in Parliament to be punished and sequestred ( whom the King afterwards made a Bishop , ) Mr. William Pryn , Mr. Henry Burton , and Dr. Bastwick justly sentenced in the Court of Star Chamber , the first having his Ears nailed unto the Pillory , and all of them severally imprisoned in remote places were insolently voted out of Prison ( an attempt never before adventured upon by an House of Commons in Parliament , and no such things as previous votings , in order to the fixing or carrying on evil designs , were ever before used to be made in any of our Kings or Princes Raigns ) and were by multitudes of factious Londoners of the most Common sort intermingled , brought in a seditious procession on Horseback through the Streets with Rosemary in their Hats , or Hands . Mr. Pryn shortly after made a busy and fiery Member of Parliament , the two former whereof were fanatically reported to have had miracles or visions seen upon the occasion of that they called their sufferings ; Bills were put upon the Corners of the Streets in London , to invite People to give a meeting upon a certain day at Grocers Hall in London , to some Members of the House of Commons in Parliament , to prepare Petitions unto themselves , some Troops of Factious Ministers , made themselves the Conductors out of several Counties , of many a simple Innovator , with Papers in their Hats , signifying no more than something they knew not what against Popery , the Porters of London must put on their Sunday Cloaths , and carry to the House of Commons printed Petitions against the Kings enjoying the Militia , where they were only informed that it was against Watermen of London's carriying of Trunks , all the Boys in a Free School at Stamford in Lincolnshire , enticed by the naughty School-Master , to subscribe their names to a Petition against Bishops , with other numberless Cheats , and trciks to make fears and jealousies , and breed a Rebellion which might proceed as much as it could , to break in peices ( never as they hoped to be repaired again , our Ancient and flourishing Monarchy , the King maketh a progress into his Kingdom of Scotland , where they beg and importune him for the small Demesne Crown Lands , which he had left , and when he would have reserved enough to have defrayed the charge of his house keeping whilst he remained there , they would not trust him with the Money , for fear he should provide Arms with it ( when in the mean time a Rebellion was begun in Ireland with a Massacre ) from whence when he returned to London , he was received by all the Citizens with the Hosanna of a Great seeming Joy , but suddenly after ill managed by some Lords and Commons in Parliament , their then too great Idol in a most Hypocritical way of a Remonstrance bearing Date the 14th day of December 1641. at Hampton Court , wherein with all zeal and faithfulness unto His Majesty , acknowledging his Royal favour and Protection , to be a great blessing and security unto them , for the enjoying of all these publick and private Priviledges and Liberties , and whensoever any of them shall be invaded or broken . And because the Rights and Priviledges of Parliament are the Birthright and Inheritance not only of themselves but the Kingdom , but every one of his Subjects is interessed ( that is as to his protection only , whilst they are his Subjects do honour and obey him , are so simpliciter , but not secundum quid ) the maintenance and preservation whereof doth very highly conduce unto the publick peace and prosperity of His Majesty , and all His People , they conceive themselves more especially obliged with all humbleness , and care and constancy of Resolution , to endeavour to maintain and defend the same ( as in an easie to be conceived manner of threatning . ) Amongst other the Priviledges of Parliament they do declare that it is their undoubted Right , that His Majesty ought not to take notice of any matter in agitation and debate in either Houses of Parliament , but by their Information ( which would not only contradict , but overturn the Reason Constitution , Records and Annals of all our Nation ) And that he ought not to propound any condition , provision or limitation , in any Bill or Act in debate or preparation in either of both Houses of Parliament , or to manifest or declare his consent or dislike of the same before it be presented to His Majesty in the course of Parliament ( so as they would have their King to be as a Mute until they shall have finished all they would , for otherwise one Interval might thwart another , how shall such a King be Master of a Judgment , or have any ? or was God to be prayed unto to give his Judgment to the King or unto the People ? or by what Rule of Right Reason should the King , being of full age and sanity of mind , not be permitted the right use of the Faculties of his Soul ? ) And that the King ought not to conceive displeasure against any man for such Opinions and Propositions as shall be delivered in such debate , it belonging to the several Houses of Parliament respectively ( which had their Original contradistinct Powers and Customs ) to judge and determine such Errours and Offences in Words or Actions that shall be committed by any of their Members in the handling or debating any matter depending ( which was contradicted by Queen Elizabeth when she charged the Members of the House of Commons in Parliament not to intermeddle in matters of Church or State , or receive any Bills of that nature , and severely punished some Members that attempted to do otherwise . ) Yet they complained in their so strange a claim of those their never to be found Priviledges , that they were to their great grievance broken by the Kings endeavouring to put a Salvo Jury to their Bill or Act of Parliament , forbiding the pressing of Souldiers , ( at that instant when there was so great an occasion for the Wars in Ireland ) and went much higher than the great Earls , the Constable and Earl Marshal of England , and Gilbert de Clare Earl of Gloucester did when in a Parliament of King Edward the first , they denyed him his accustomed Salvo Jure , where he or his Privy Councel or Councel at Law adjudged it necessary . And therefore humbly intreated his Majesty by his Royal Power and Authority ( whereof it may 〈◊〉 they would leave him as little as possibly they could● to protect them in those and all other their Priviledges of Parliament : And for the time to come would not interrupt the same , and that they may not suffer in his Majesties favour when he should be so greatly obliged unto his Subjects as to restore again to his knowledge and Judgment , after the end of such a Parliament , never before known in England , or any other Nation of the Christian World , such a kind of Priviledge , neither being possible to be found or heard of on Earth or amongst the Antipodes , or in the discovery which Gonzagua's Geese made of the Countrey of the Moon , where the Servants are reported to govern the Masters , and the Children their Parents ) And that his Majesty would be pleased to nominate those that have been his Advisers that they may receive such condign Judgment as may appertain unto Justice . And this his most faithful Councel , shall advise and desire , as that which will not only be a comfort to themselves , but of great advantage to his Majesty , by procuring such a confidence between him and his People , as may be a Foundation of honour , safety and happiness to his Person and Throne . And probably had never adventured to fly so high a pitch , if some of the Lords and Commons in Parliament had not upon the Scotch petitioning Rebellion , and entring into England borrowed 150000 l. upon their several personal securities to pay their quarters whilst they were here , which Parliament Manacles of their King would have amounted to more than the aforesaid Sir Edward Cokes figment , of a modus tenendi Parliamentum used as he beleived in Edward the Confessors time . And in the absence of Parliaments might have the Name and Title of King , until they should make an occasion to Print a Remonstrance against him , or arraign him . And as a Prologue to their intended Remonstrance , the next day they seeming not a little to congratulate his safe coming from Scotland , did beseech him to give more Life and Power to the faithful Councel of his Parliament , and being necessitated to make a Declaration of their grievances , and the corruption of some of his Bishops , especially such as are in a near trust and employment about him , and were divers of them of his Privy Councel , and about the Prince his Son , and have thereby a dangerous operation in his Councel and Government in this time of a preparation for War betwixt his Kingdoms of Scotland and Ireland , ( which was then but procured and fomented by confederacy ) Insurrection of the Papists and Bloody Affairs in Ireland , for prevention whereof they have ingaged themselves and their Estates in the sum of 150000 l. Sterling , or thereabouts for the necessary supply of his Majesty in his dangerous Affairs , therefore they prayed . 1. That he would concur with the desires of his Parliament , for the depriving the Bishops of their Votes in Parliament , ( which was the one half of that grand Fundamental of the Laws and Government of England in the House of Peers in Parliament , ) and abridge their immoderate power usurped over the Clergy , to the hazard and prejudice of the Laws , Liberty , and Religion of his Subjects , and the taking away oppression in Church Government and Discipline , punishing such Loyal Subjects as join together in Fundamental Truths against the Papists , and by the oppressions of unnecessary Ceremonies . 2. Remove from his Councel all the promoters thereof , and to imploy such persons in his great Affairs and trust as his Parliament may conside in , ( which was to govern him both in times of Parliament and without , when he hath at his Coronation taken his Oath to govern according to his Laws not any of the Peoples . 3 That he would not alienate any of the forfeited Irish Lands , ( which begot good bargains for some of the ungodly contrivers , when they after purchased their Rebel perjured Soldiers arrears for xvj . d. per pound . Which being fulfilled , they his most great and faithful Councel , ( upon these conditions ) ●●all by the blessing of God , ( as they would have it ) cheerfully undergo the expence of the War , and apply themselves to such other means and Councels as shall support him , and make him glorious both at home and abroad . In order whereunto the contrary way they did the 15th day of December 1641. notwithstanding his earnest request unto them , print and publish it , wherein ( besides some of their own or their instigators , unquiet Spirits , ambitious or evil designs , to misuse and Govern their Soveraign , plainly appearing may be seen , and the many greivances of their own making , in the oppressing of each other , and undertaking to determine of matters and Mysteries of State , and the Arcana's and necessities of State , of which they could not possibly without necessary Praecognita's , be competent Judg●s ) they made a great addition to that prologue , to their subsequent Rebellion , and abominable consequence of the murder of that excellently pious Prince , insomuch is it may be over and over again , a wonder to be ranked amongst the greatest , in what untrodden or dark inaccessible Caverns of the Earth , these unknown and never accustomed Priviledges of the Parliaments of England , could lurk or lye hidden , when in all the Conservatorships of liberties , devised at Running Mede forced upon King John , the ●ovisions made at Oxford , in the Raign of King Henry the 3d. neither any thing in the Raigns of King Edward the 2d & 3. & 4. and Richard 2d . Henry 4 , 5 , 6. Richard the 3d the Usurper , Henry the 7th . King Henry 8. E. 6. Queen Mary , Queen Elizabeth and and King James had never such shackles desired or claimed to be put upon any of them , unto which those Parliament Remonstrants , were the more incouraged by that oppressed Princes having his three Kingdoms , set on fire about his Ears at once ; that of Ireland incited by his condescensions to that of Scotland ; and that of England , as busy as the worst but gaining more by it , when the King had to pacify all , given them license by an Act of Parliament , to continue in Parliament , without adjourning , proroguing , or dissolving , until those great Sums of Money should be satisfied , and Ireland quieted , which they never intended , but hindred and perplexed all they could , although he offered to go thither in Person himself which they would not consent unto for fear , least he should thereby get Arms and Power into his own hands , to frustrate their wicked design , which that Republican wicked party , durst never offer to Oliver Cromwell , the Protector of their supposed Liberties , with any the least of those monstrous conditions , by them called Priviledges , but could tamely suffer him to make his own Instrument of Government , alter the Course of Parliament , with more or less Members of the House of Commons in Parliament , pull out and imprison diverse Members of that House , and shut up the Doors , constitute a new House , of his mechanick and ordinary Commanders , instead of a House of Lords , after the Republican partty had made such an Act of Parliament as they could , that none should have benefit of the Laws , who did not take an oath of engagement not to have any more a King or House of Lords . And to be disappointed as little as they could possibly in those their intentions , made all the hast they could to fire their Beacons of personal Plots and dangers against themselves , the great Patriots of the Kingdom , and Weal publick , as they had done before against Popery , and therefore incredible Plots and Conspiracies were discovered by one of their Members , who had an especial faculty therein , and likewise by others , as a Plaister taken from the sore of a man infected therewith , and brought by an Incognito in a Letter to Mr. John Pym , the Lord Digby seen at Kingston upon Thames , with four Horses in a Coach in a warlike manner , Horses kept and trained under ground , and a dangerous design to blow up the River Thames with Gunpowder , whereby to drown the Parliament Houses with many the like ridiculous fopperies to affright the easy to be deluded silly Vulgar , and engage them in a Rebellion , and were in the mean time to be secured themselves by a guard , for which they ●e●tioned the King , who ordered the Justices of Peace to command the Constables of that division to furnish one , but that would not accommodate their purposes , nothing would help forward their more than ordinary designs , than a guard by the Trained Bands of the City of London by turns , which being granted by the King , suddenly after the Citizens Wives were so afraid of the danger o● the Tower of London , as they could not lye dry in their Beds , and the Lieutenant of the Tower must be displaced , and a more confiding one put in to give them content that never intended to be satisfied . Which being done the Pulpits of the Prebyterian Scotized Clergy flaming , and the Printing Presses , Stationers and Cryers in the Streets , as busy in the publishing the Harangues of the House of Commons Members in proclaiming the imaginary grievances , and he was a small man at Arms that had made and published no more than one or two such Speeches , mean while Protestations were ordered to be made in every Parish of England and Wales , to defend the King and the Protestant Religion , the King going into London in his Coach hath a Paper thrown into it with a writing thereupon , To your Tents O Israel , the many Rude ●eople of the adjoyning Hamlets came in droves to the Parliament , crying , No Bishops , and for Justice , and as they pass by Whitehall Gate and knock at it desire to speak with the King , who sends unto the Students of the Inns of ●ourt , with some Captains and Commanders to attend him as a supplemary Guard , who came and had a Diet and Table provided for them , the Bishops do leave the House of Peers with a protestation ( patterned with one in 11 R. 2. ) that they could not sit there in safety , for which they were all made Prisoners in the Tower of London , but were all afterwards released , except Matthew Wren Bishop of Ely , who remained there sequestred from his Bishoprick , for something more than 13 years , without knowing for what cause or crime until his late Majesties happy Restauration . Mr. Henry Martin a Member of the House of Commons in Parliament , more fearing the Anger of his Mistress than his God or King , begins in Parliament to declaim against the King , saying , that he was not fit to Raign or Govern , and moved that all the Regal Ornaments customarily lodged in the Abby of Westminster under the custody of the Dean and Chapter thereof might be seised ; one Mr. Parker made hast to make himself an Observator of the Rebellious way with dislocated Maximes , abused and wrested out of their proper meaning , and Interpretations , viz. Quod efficit tale est magis tale , the King is Major singulis , but minor universis , & salus populi est suprema Lex , which although Learnedly answered by the more Loyal Orthodox Party to an ample Conviction that should be , could not satisfie or stop the designed Confederacy and Rebellion , but the ten Judges of the twelve that gave their Opinions in the case of Mr. Hambden against him concerning the Ship-money for the King , were by the Parliaments Order put out of their Offices and Places ; Justice Berkly one of the Justices of the Court of Kings Bench taken Prisoner as he was sitting by the Usher of the Black Rod attending the House of Peers , after which Mr. Denzal Hollis came to the House of Lords , and with greater boldness than assurance , claimed the Militia and Power of the Sword to appertain of Right to the People ; and Mr. Pryn writes and Publishes his Book of the Supremaey of Parliaments , seconded by Mr. John Whites Book entituled a Politick Chatechism , undertaking to prove by our Laws the Resistibility and Forcing the Power of our Kings to be Vested in the People , and the Judges were commanded by the Parliament without the King to declare to the People in their Circuits , that the Militia is , and ought to be in the Parliament as the Representative of the People ( which was never before done , read , seen , or heard of in England ) which all the Judges obeyed , but my honoured Friend the worthy Sir Thomas Mallet one of the Justices of the Court of Kings Bench , who not forgetting his very Ancient and Noble discent , plainly and resolutely at every place in his next Circuit , declared it in all his Charges to be in Law de Jure Coronae suae in the King , and for his so exemplary Loyalty , was in the last place of that Circuit by Sir Richard Onslow Knight a Member of the Commons House in Parliament with a Troop of Horse , as he was sitting upon the Bench at Kingston upon Thames Arrested and carried Prisoner to the Tower of London , and the Wind and Tyde of fear and self-preservation did then so impetuously drive Sir Edward Littleton , the Lord Keeper of the Great Seal of England , ( who some years before , when he was a young Man , made it a part of his Praise or Olympick Game , to prove by Law that the King had no Law to destrain men esse Milites , ) and Sir John Banckes Knight Lord Chief Justice of the Court of Common Pleas , that they joyned with the then Illegal concurrent Votes of too many of the House of Peers , that the Militia which was the Right and Power of the Sword , and Jus divinum gladii , and the totum aggregatum , and support of the Government was in the People when our Learned Bracton hath truly informed us , that in Rege qui recte regit necessaria sunt duo , Arma videlicet , & Leges quibus utrumqne bellorum , & pacis recto possit gubernari , utrumque enim istorum alterius indiget auxilio quo tam Res militaris possit esse in tuto quam ipsae Leges usu Armorum , & praesidio possent esse servatae , si autem Arma defecerint contra hostes Rebelles & Inimicos , sic erit Regnum indefensum si autem Leges sic exterminabitur justitia , nec erit qui justum faciet . Following therein that opinion of Justinian the Emperour in his Institutes . And did declare ( not like men that had taken the Oaths of Allegiance and Supremacy before they were admitted into that House ) that if any Person whatsoever ( wherein the King or his Command ought to have been excepted ) shall offer to arrest or detain the Person of any Member of that House without first acquainting their House , or receiving further Order from that House , that it is Lawful for any such Member , or any Person to assist him , and to stand upon his , and their guard , and defence , and to make resistance according to the protestation taken to defend the Priviledges of Parliament , ( which was neither to commit or maintain Treason , or make that without the Kings Authority to be Treason that never was , & their intollerable haughty Priviledges so incompatible and inconsistent with Monarchy demanded by the Petition of the Lords and Commons in Parliament , the 14th day of December 1641. can never be able to withstand the dint and force of the Law , and Right Reason if a Quo Warranto should be brought against them . ) Whereupon the King the 4th day of January 1641. coming into the House of Commons in Person , ( no such Company attending with Pistols at the Door as was untruly reported ) and being sate in the Speakers Chair , said , he was sorry for the occasion of coming unto them . Yesterday he had sent a Serjeant at Arms to apprehend some that were accused of High Treason , whereunto he expected Obedience and not a Message , and that he must declare unto them , that in case of High Treason no Person hath a Priviledge . And therefore he was come to know if any of these Persons accused were here , for so long as those Persons accused for no slight crime , but for Treason , were there he could not expect that that House could be in the Right way , which he heartily wishes , and therefore he came to tell the House that he must have them wheresoever he can find them , but since he sees the Birds are flown , he doth expect from them that they should send them unto him as soon as they return thither , But assures them in the word of a King he never did intend any force , but shall proceed against them in a legal and fair way , for he never meant any other , ( which they might easily have done , when they had his own Serjeant at Arms attending that Honse for no other than such like purposes . ) The next day being the 5th day of January 1641. ( notwithstanding that Treason , Felony , and Breach of the Peace were always by the Laws of England , and Customs of their Parliaments exempt , and never accompted to be within the Circuit of any Parliament Priviledge , for otherwise Parliaments , and great Assemblies well Affected , or ill Affected would be dangerous unto Kings ) they declare the Kings coming thither in Person to be an high breach of the Rights and Priviledge of Parliament , and inconsistent with the Liberty and Freedom thereof , and therefore adjourned their sitting to the Guildhall in London , ( which they should not have done without the Kings Order ) that a special Committee of 24 should sit there also concerning the Irish Affairs , of which number was Sir Ralph Hopton , that after got out of their wicked errors , and fought and won sundry glorious Battels for the King against those Parliament Rebels , and some few more of that their Committee deserted their Party . And the Writ sent by King Edward the first to the Justices of his Bench by Mr. Pulton stiled a Statute made in the 7th year of his Raign , might have sufficiently informed them , and all that were of the profession of the Law in the House of Commons in Parliament , that in a Parliament at Westminster , the Prelates , Earls , Barons , and Commonalty of the Realm have said that to the King it belongeth , and his part is through his Royal Seignory streightly to defend force of Arms , and all other force against his Peace at all times which shall please him , and to punish them which shall do contrary according to the Laws and Usages of the Realm , and therefore they are bound to aid him as their Soveraign Lord at all times when need shall be , and therefore commanded the Justices to cause those things to be read before them in the said Bench , and there Inrolled . The before confederated national Covenant betwixt England and Scotland being by Ordinance of Parliament ( for so they were pleased to call their no Laws ) confirmed under a penalty that no man should enjoy any Office or Place in the Commonwealth of Engl. and Ireland that did not Attest and Swear it , which the King prohibiting by his Proclamation sent unto London , the bringer whereof was hanged , the King certainly informed of the traiterous practices , and other misdeameanors of the Lord Kimbolton , and his aforesaid Associates , did as privately as possible with the Prince Elector Palatine his Nephew , and no extraordinary attendance go in person to the House of Commons to seize them , because his Serjeants at Arms durst not adventure to do it , who having notice of it by the Countess of Carlisles over-hearing his whispering to the Queen , and suddenly sending them notice thereof , were sure to be absent , wherein he being disappointed , did afterwards by his Attorney General exhibit Articles of High Treason , and other Misdemeanors against them . 1. That they had traiterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom , and deprive the King of his Legal Power , and place on Subjects an Arbitrary and Tyrannical Power ( which shortly after proved wofully true , and for many years after so continued . ) 2. That they have endeavoured by many foul aspersions upon his Majesty , and his Government to alienate the affection of his People , and to make his Majesty odious unto them . 3. That they have endeavoured to draw his Majesties late Army to disobedience to his Command , and to side with them in their trayterous designs . 4. That they have trayterously invited , and incouraged a forreign Prince to invade his Majesties Kingdom of England . 5. That they have trayterously endeavoured to subvert the very Rights and being of Parliaments . 6. That for the compleating of their traiterous designs , they have endeavoured as far as in them lay by Force and Arms , to compel the Parliament to joyn with them in their traiterous designs , and to that end have actually raised , and countenanced Tumults against the King and Parliament . 7. That they have traiterously conspired to leavy , and actually have leavied War against the King. Whereupon the House of Commonsin Parliament the 3d. of January 1641. did Order , that if any person should seal up the Trunks or Doors of any Members of their House , ( which in the case of the King for Treason , was not certainly within the Virge of their Commission , or purpose of their Election either by the King or their Countries , or their Indentures or Wages allowed , nor the Priviledge of Freedom from Arrest of their persons or goods , whilst they are there in his important service ) they should require the Aid of the Constable , who by his Oath of Allegiance was not to do it . And in another Declaration of the 7th day of January 1641. Printed and Published , ( which in this Kingdom , or any other part of Christendom was never accustomed or allowed to be done , ) were pleased untruly to affirm that the King having sent a Serjeant at Arms to their Speaker to demand the persons aforesaid accused , and being denyed , came the next day in his Royal Person to demand them , with Halberts , Swords and Pistols , attending without at the Door , ( who if they had been as dreadful as they would make it , would have been but necessary , lest he might have been Stabbed and Assassinated , as Julius Caesar was unguarded in the Roman Senate . ) Did declare that the Arresting of the said Accused Members or any other Members of Parliament by prretence or colour of any Warrant issuing from the King only , ( as if they were assured of a Co-ordination with him ) is guilty of the Breach of the Liberty of the Subject , and of the Priviledge of Parliament , and a publick Enemy of the Common wealth , and that the Arrestnig of any of the said Members , or any other Member , without a Legal proceeding against them , is declared , a publick Enemy of the Commonwealth , notwithstanding , they did declare that they would no● protect any Member that should be prosecuted by the King according to the Law of the Kingdom , and the Rights , and Priviledges of Parliament , for Treason , or any other Misdemeanor ( so as they which never were yet a Judicature , or had ever any power to examine a Witness , might be the Judges what was the Law or Treason ) and will be as willing that Justice be done against the Commons , as to defend the just Rights and Liberties of the Subjects , and Priviledges of the Parliament of England . That the Priviledges of the Parliament , and Liberties of the Subjects so violated and broken , cannot be sufficiently vindicated , ( a punctilio of Honour never before insisted upon by any of the Parliaments , or Subjects of England to their Soveraign Kings or Princes , ) without the delivering up unto them the names of those that advised or councelled him thereunto , and the coming in his own Person , the publishing of the said Articles , and Printed Papers inform against the said Members , to the end that such persons may receive condign punishment , ( intending very likely to have it only left to their own lately self-erected Soveraignships . ) The County of Buckingham Petitioned for Mr. Hambden , and did adventure to say , that in their Opinion his Majesties Accusation of him doth oppugne the Rights and Priviledges of Parliament , which was according to the Protestation to defend the King , and the Church , and Commonwealth . The House of Commons the 15th of January 1641. examined Sir Edward Herbert the Kings Attorney General upon several Articles concerning the Accusation for Treason against the Lord Kimbolton , and the other Members , and whether he would undertake or make good the said Articles , or any of them , if he shall be called before the Lords , unto which he answered by my former expression , you may discern what answer I cannot make or take , to make one Title of them , otherwise than as my Master hath informed me , and enabled me , for of my self I cannot , nor will not do more than one that never heard of them . Whereupon it was resolved by the House of Commons , that the said Attorney General had broken the Priviledge of Parliament in praeferring the said Articles , and that a Charge be sent up to the House of Lords in the name of the House of Commons against him , to have satisfaction for the great scandal and injury which he hath done to the said Members , unless by Thursday next he bring in and make good , if he can , the said Articles against the said Members , or any of them . The 4th of March 1641. the King from Royston in his Journey towards York , being deterred from his Palace at Whitehall , wrote to the Lord Chancellor , commanding him to read unto the Lords the Copy of his Charge against the aforesaid Members , and nominate a Committee to examine the Evidence thereof , and also signified , that what his Attorney General had done therein , was by his command , and according to his Duty . But having declared that he found cause wholly to desist from prosecuting the said Members , he had commanded him to proceed no further therein , nor to produce or discover any proof concerning the same . After many Messages and Petitions not to suffer the Queen to go with the Princess of Orange her Daughter into Holland , nor to take the Prince into Yorkshire with him , many Petitions and pretences to have the Militia put into their hands , absolutely to secure them from their ( own coyned ) fears and jealousies , and a denial of that but for a limited time , they having also not failed in desiring strong Towns , Castles , Forts and Garrisons to be put into their Custody , and voted Sir John Hotham one of their Members no Traytor , after the King had Proclaimed him a Traytor for his denying him entrance , when he Personally demanded it , into his strong Fortified Town of Kingston upon Hull ; and a 2 or 3 Remonstrance over-boldly Printed and Published to Idolize themselves , and inflame the silly people , and made their Blockades , Circumvallations , Trenches and Mines about our Monarchy , and too many of the deluded people ready to betray and deliver it up , or gape at the spoil , which might inlarge and better their formerly wicked conditions , and appointed Deputy Lieuetnants , and Commanders in every County and City , took into their hands the Kings Navy with the profit of his Customs , and all that they could by fear or fraud get into the hands or clutches of their Wolves , Foxes and Harpies , Birds or Beasts of prey ; mean while the King labouring by many Princely Answers to their Messages , Letters , and Proclamations to keep them from the Witchcraft of Rebellion , the more they galloped into it , and nominate the Earl of Essex to be their General , and a great contribution of Plate and Money as before hath been mentioned , to bring the King home to his Parliament , who might have been more ready than they , had he not been encompassed without any cause , or provocation with as many Treasons , Plots , Falsehoods and Treacheries as he had Hairs upon his Head and Beard , with no small want of Money and Friends in the midst of his three once flourishing Kingdoms , flaming , and on fire about his Ears , which could not otherwise have brought such an accumulation of evils upon him . And being somewhat supplied by many of his Exchecquer Receivers , who brought unto him Remainders of Moneys upon their Accompts , ( John Pym excepted , that was the Kings and his Fathers Receiver in Arrear about 22 years , and could not be at leisure , lest he should thereby hinder the managing of his Treason against the King , and so would have made a trusty Chancellor of the Exchecquer for the King , ) marched as well as he could toward his Loyal Subjects of Wales , whither to hinder and distress him the Earl of Essex , with his Army of Rebels way-laying him at Edge-hill in Warwickshire , where Loyalty and Rebellion fighting a bloody Battel , and Robert Earl of Lindsey the Kings General being hurt , and carried away Prisoner to Warwick Castle shortly after died , his Son the Lord Willoughby offering himself an Hostage , being not according to the Laws of War accepted , and the Rebels Cannons levelled against the brow of the Hill , where the King and the Prince sat , but being disappointed , left the Field , and retired to Warwick , and the King keeping it all that night , the next day marched to Banbury and took it , from thence fixed himself at Oxford , to which very many Parliament Men that were Loyal retired , and kept a true Parliament , howsoever the Rebels made shift to get by parcels to London , where they Publish how near they were to gain the Victor● of which they could have given a greater eertainty of the Lord Wharton had not hid himself in a Saw-pit , and Stephen Marshal a Factious Minister had not mistaken himself , when in his Parish Pulpit at Finching field in Essex , he had related an impudent Lye in the hearing of one that had been in that Battel , that he had pickt up Bullets in his Velvet Cap to help the Rebels Souldiers , when a Souldier that heard him so preach , could have proved that he at another time had confessed , that he was so affrighted that he had run away four or five Miles from the place where the Battel had been , before he knew where he was , after which they were so unwilling to forsake their Treasonable hopes as they rallyed , and ingaged all the Friends the Devil could help them unto , insomuch as the War grew more and more fierce , as at the Kings Besieging of Gloucester , the effascinated Citizens of Londons Trained Bands came to raise the Siege , a sharp Fight was at Newbury , where they were beaten , and Weemes a Scotish Cannoneer taken Prisoner , whilst he was levelling at the Person of the King , in a Bloody Fight at Copreby Bridge where the Rebels had the worst , and yet Weemes was pardoned , and left to do more mischief , when all he could say was , in Gude Faith his Heart was to the King. And the King was from place to place so victorious as he drove the Parliament Rebels by the help of his Nephews , Prince Rupert and Prince Maurice , and the gallant Conduct of Sir Ralph Hopton , and the Greenviles , and the courage of the Cornish men ( for which they had the Kings thanks publickly read and Registred in the Churches ) the Earl of Essex , and his Rebel Parliamentarians were so driven and penn'd up at Lestichiel in Cornwal , as their whole Army , Cannon and Amunition , Bag and Baggage were seized , and the Earl of Essex , and some other Commanders enforced to shift and save themselves in a Cock-boat , Sir William Balfour getting away with some of the Horse , notwithstanding all which , and that that over-tender hearted Prince had experimented more than once their Rebellion was inexorable , and that neither his Protestation upon the Sacrament , nor the word stamped upon his Coyn for Religion , and the Priviledges of Parliament could make them forsake their Rebellious Principles , could not forbear to bring them if possible out of that sin of Witchcraft , but when he might with a victorious Army have beaten them at Bramford , did by some that were hired to betray 〈◊〉 Councels , ( for by that time they had as much lea 〈…〉 the Art of Bribery , as they had the glosses of Rebellion , rouse their obdurate and feared Souls with Messages for Peace , and divers Royal Ministers and Citizens of London had petitioned them to make Peace with the King , who sent the Earls of Southampton and Dorset unto their then called House of Peers , who were answered and received uncivilly enough as to their own Persons , and the King their Master that sent them , Printed and Published intercepted Letters betwixt the King and the Queen , and relying more upon their confederating Brethren of Scotland than upon their God , and the King his Vicegerent , in all hast sent to invite them to come unto their Aid , which they did , and before they went home , had 300000 l. Sterling paid unto them for their Rebel Assistance , which putting a stop to the Kings Victories , especially in that unfortunate Battel at Naseby , and afterwards at Marston Moore by a misintelligence at the later betwixt Prince Rupert , and the Earl of Newcastle , the King condescended to a Treaty by Commissioners at Uxbridge , where no other reason could be accepted , but as if the King had been a Subject , and they his Soveraign , they appeared willing to transfer unto their Scotish Brethren a great part , if not all , of the Kingdom of Ireland , every attempt and self-defence of the King , and his Loyal Party bringing no better comfort than dispair , he gave license to his good Subjects to retire into the Parliament Quarters , or unjust Dominion , and compound for their supposed forfeitures ( which much encreased their Treasure and Power ) for fighting against the King , when they fought for him against his Rebels , as if the King and they had been but one Incorporation , and themselves the head , and the King could be a Rebel to himself , and them at the same time , and Wat Tyler or Jack Cade , or the late Massinello had Authority to make themselves Soveraigns , which they had not impudence enough to adventure , for it must needs appear to all Mankind to be a Gipsy jugling trick , or Proteisme never before heard of in any part of the World. The Noble Earl of Scarsdale refusing to compound , but retiring home , did ever after cloath himself in Sackcloth , and every day to his death make a visit to his Tomb. The King thus vanquished by Clemency and hopes to out-reason their detestible Rebellion , with all the secresie imaginable , retired out of Oxford with a too much over-trusted Groom of his Bed-chamber riding out , as the man with Mr. Hudson an Orthodox Loyal Minister , their Journey being designed for London , where the King was informed that the City Train Bands were to muster the next day after he should reach thither , unto whose Protection ( not of the Scotch Army then quartered at Newcastle upon Tine ) he intended to place the safety of his Person , whilst he should Treat further with his Parliament Rebels , ( who being sufficiently infected with their Parliamentary Rebellious never to be warranted Principles , would have given him as little an assistance ) whereof the Rebels being informed before hand by their Colonel Rainsborough that granted the King his pass , and did too well understand who was the treacherous Groom of the Bed-chamber mans Master , when the Loyal Party were afraid what was become of the King , the Rebels could answer , they would shortly hear of him , who coming near unto London , finding himself disappointed by the Training put off , was enforced to coast about betwixt Branford and Highgate , and from thence resolve to take his way to the Scotish Army , and cast himself into their Protection , after that he had before met with so bad an effect of their contrary Loyalty , whither being come , they , as if they had had no manner of Intelligence of it before , write their Letters to their Brother Parliament Rebels of their great amazement to see the King come unto them , and desire that he may be brought home to his Parliament , ( over which they had such an influence as they almost governed them ) in honour and safety , who fail not to do it in promises , but would have him delivered to them , and sent to an house of his own at Holmby in the County of Northampton , where he should not want a guard of their own , whereupon the Scotish Commanders having fallen into a deeper than ordinary consideration how they could with Honour , Loyalty , and gude Conscience deliver their Native King into the hands of his Enemies , and going to voting , two great Commanders that in muckle manner had been obliged to their King for many great favours , and might have ballanced the Vote with a great deal of facility in the Negative , were mightily suspected to have gone privately along with them , that they were certain would make up the Majority for delivering of the King up to his Parliament Adversaries , but took by all means an especial care for themselves to Vote against the delivering of the King into the hands of those that would love their own ends more than any of his Rights or their Duty , and a bargain came so to be made , as the King was put into the mercy of the English Parliament , and 200000 l. Sterling , which amounted unto something more than Judas Iscariots thirty pieces of Silver , for betraying Jesus Christ. And as Mickel as the 200000 l. were above the Scotch Marks , or 13 d. half-penny english , none or very little of it could ever after find the way to the Pockets of the Scotch Plads , or blew Caps , and he had not been long at Holmby , but he was in a Morning betimes fetcht out of his Bed by Cornet Joice a Fanatick Tayler , with some Troops of Horse sent by Cromwel and Fairfax , into their Army , Quarters , and tossed from place to place until after 25 Treaties , Letters and Messages for Peace , they had from Treachery to Treachery , and Villany to Villany contrived his execrable Murder . The 2d of June 1642. the Lords and Commons in Parliament did offer their humble Petition and Advice , having nothing in their thoughts and desires ( as they pretended ) next unto the Honour , and immediate service of God , more than the faithful performance of their Duty to his Majesty and this Kingdom , as the most necessary and effectual means thereof , to grant and accept the 19 Propositions ensuing , viz. 1. That the Lords and others of his Majesties Privy Council , and all such great Officers and Ministers of State either at home or abroad , or beyond the Seas , may be put from your Privy Council , and have no Offices or Employments , excepting such as shall be approved of by both Houses of Parliament , and that the Persons put into their Places and Employment may be approved of by both Houses of Parliament , and that Privy Councellors shall take an Oath for the due execution of their Places in such form as shall be agreed upon by both Houses of Parliament . 2. That the great Affairs of the Kingdom may not be concluded or transacted by the advice of private men , or by any unknown or unsworn Councellors , ( Sir Robert Cotton a great Antiquary with a well furnished Library , being often consulted with by King James and that Prince in special matters , ) but that such matters as concern the publick , and are proper for the High Court of Parliament , which is his Majesties great and supream Court , may be debated , resolved and transacted only in Parliament , ( which was contrary to the Fundamental Laws and Constitutions of Parliaments in this , and all other the Kingdoms of the Christian World , whereby the matters and business of Monarchy , and the Regal Government were limited and restrained unto arduis , & non omnibus arduis sed quibusdam ) and not elsewhere , and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgment of Parliament , and such other matters as are proper for his Majesties Privy Council shall be debated , and concluded by such of the Nobility , and others , as shall from time to time be chosen for that place by approbation of both Houses of Parliament , ( which would have Incorporated , and Associated the House of Commons in Parliament with the House of Lords , which never was , nor ought to have been otherwise than inferiour unto the House of Peers in Parliament , and therefore stiled the lower House of Parliament , ) and that no publick Act concerning the Affairs of the Kingdom as are proper for his Majesties Privy Council , may be esteemed of any validity as proceeding from the Royal Authority , unless it be done by the Advice and Consent of the Major part of his Council Attested under their hands ; and that his Council may be limitted to a certain number not exceeding 25 , nor under 15. And that if any Privy Councellors place happen to be void in the intervals of Parliament , it shall not be supplied without the assent of the Major part of the Council , which choice shall be confirmed at the next sitting of Parliament , or else to be void . 3. That the Lord High Steward of England , Lord High Constable of England , ( which by Marriages and Descent had been Incorporated in the Royal Line , ) Lord Chancellor , or Lord Keeper of the Great Seal , Lord Treasurer , Lord Privy Seal , Earl Marshal , Lord Admiral , Warden of the Cinque Ports , Governour of Ireland , ( the Chancellor of the Exchequer , Master of the Wards , Secretaries of State , two Chief Justices , and Chief Baron not being to be ranked with the Peers ) may always be chosen by the approbation of both Houses of Parliament , ( the House of Commons being never before accompted equal with the House of Peers , in Birth , Honour , Wisdom , Education , Alliance , or Estate , ) and in the Intervals of Parliament by the Assent of the Major part of the Councel , in such manner as was before expressed in the choice of Councellors , ( which in a matter of a much less consequence in the Government of the Kings Houshold , was so little endured by the Nobility of England , in the 10th year of the Raign of King Richard the 2d , as it was adjudged an incroachment upon Regal Authority , and high Treason , and some great Lords suffered in their Persons and Estates for it , and others glad to receive their Pardons for being confederate or Privy thereunto . ) 4. That he or they unto whom the Government , or Education of his Children shall be committed , shall be approved by both Houses of Parliament , and in the Intervals of Parliament by the Major part of his Council , in such manner as was before expressed in the choice of Councellors , and that all such Servants as are now about them , against whom both Houses shall have any just exception shall be removed ( which before they had disclaimed , as Mr. Rushworths Historical Collections Printed , and allowed by them not long before had informed us ) 5. That no Marriage shall be concluded , or treated for any of his Children with any Forreign Prince , or any Person whatsoever abroad , or at home without the consent of the Parliament , under the penalty of a Praemunire unto such as shall conclude , or treat any Marriage as aforesaid , ( which they had as aforesaid disclaimed ) and the said penalty shall not be pardoned , or dispenced with , but by the consent of both Houses of Parliament , ( that lower House never having before , or since any power of pardoning or dispensation , nor that higher without the Sanction or Authority of their Soveraign . ) 6. That the Laws in force against Jesuits , Priests , Papists , and Recusants be put in execution without any Toleration or Dispensation to the contrary , and that a course may be enacted by Authority of Parliament to hinder them from making any disturbance in the State or Law , by Trusts or otherwise . 7. That the Votes of Popish Lords in the House of Lords may be taken away so long as they continue Papists , and that his Majesty would consent to such a Bill as shall be drawn for the Education of Children of Papists by Protestants in the Protestant Religion , which was to take away the Priviledge of Barons holding by Tenure without conviction for Treason , and of Earls , Viscounts , Marquesses or Dukes , which ever since the beginning of the Raign of King Richard the 2d . were by that , and all succeeding Kings Letters Patents , to have vocem locum & sedem in Parliamentis . 8. That his Majesty would be pleased to consent that such a Reformation be made of the Church Government and Liturgy as both Houses of Parliament shall advise , wherein they do intend to have consultation with Divines as is expressed in their Declaration to that purpose , and that his Majesty will continue his best assistance unto them for raising of a sufficient maintenance for Preaching Ministers through the Kingdom , ( when there was no want of the Orthodox more Loyal and better sort ) and that his Majesty would be pleased to give his consent to Laws for the taking away of Superstitions and Innovations , and of pluralities , and scandalous Ministers , ( which in their accompt were only of the Church of England and Loyal ) 9. That his Majesty would be pleased to rest satisfied with the course that the Lords and Commons have appointed for the ordering of the Militia , until the same shall be further setled by a Bill , and that his Majesty would be pleased to recal his Proclamations and Declarations against the Ordinance made by the Lords and Commons concerning it , ( which was to take away the Tenures , the Power of the Sword , and defence of his People . ) 10. That the Members of either Houses of Parliament , as have during the time of this present Parliament , been put out of any Places or Offices , may either be restored to their Place or Office , or otherwise have satisfaction for the same , upon the Petition of that House , whereof he or they are Members . 11. That all Privy Counsellors and Judges may take their Oath , the form thereof to be agreed on and setled by Act of Parliament , for the maintaining of the Petition of Right , ( which was in many things more than ever they could claim , or ever had , or could by Law have any Right unto , ) and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament ( as if they were in all Duty and Loyalty bound to make him a glorious King , thought they could never have unking'd him enough , and brought him to their murdering ever to be abhorred Tribunal , ) and that an inquiry of all the Breaches and Violations of all those Laws may be given in charge by the Justices of the Kings Bench , and by the Justices of Assize in their Circuits , and Justices of the Peace at their Sessions to be presented , and punished according to Law. 12. That all the Judges and Officers placed by approbation of both Houses of Parliament may hold their places quam diu se bene gesserint . 13. That the Justice of Parliament may pass upon all Delinquents , whether they be within the Kingdom , or fled out of it : And that all persons cited by either House of Parliament may appear and abide the sentence of Parliament . 14. That the general Pardon offered by his Majesty may be granted , with such Exceptions as shall be advised by both Houses of Parliament . 15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such persons as his Majesty shall appoint with the approbation of his Parliament , and in the Intervals of Parliament with the Major part of the Council , in such manner as is before expressed in the choice of Councellors . 16. That the extraordinary Guards , and Military Forces attending his Majesty may be removed and discharged , and that for the future he will raise no such Guards , or extraordinary Forces but according to the Law , in case of Actual Rebellion or Invasion ( an Imposition and Vassalage was never put upon any thing that was like a King in Christendom , for the Kings of Scotland whilst seperate from England , and did homage to our Kings , had , when there was cause enough of fear and jealousie , as now there was none , no such unkingly Vassalage put upon him . King David had 24000 men for his Guard , who every Month came up to Jerusalem , and our Saxon King Alured had his Guards by monthly courses . 17. That his Majesty would be pleased to enter into a more strict Alliance with the States of the united Provinces , and States of the Protestant Religion for the defence and maintenance thereof , against all designs and attempts of the Pope , and his Adhaerents to subvert and suppress it , whereby his Majesty will be much incouraged and enabled in a Parliamentory way for his aid and assistance in restoring his Royal Sister , and her Princely Issue to those Dignities and Dominions which belong unto them , and relieving the other distressed Protestant Princes , who have suffered in the same cause . 18. That his Majesty would be pleased by Act of Parliament to clear the Lord Kimbolton , and the 5 Members of the House of Commons in such manner that future Parliaments may be secured from the consequence of that evil president . 19 That his Majesty would be graciously pleased to pass a Bill for restraining Peers from sitting , or voting in Parliament , unless they be admitted thereunto with the consent of both Houses of Parliament , which would have made him such a King as never was , or can be found in any Christian or Heathen Kingdom or Nation , and themselves such Subjects as until they could agree the matter amongst themselves , or they should be couzened by some Republicans , and those publick Plunderers by some Cromwel cheat , those kind of extraordinary mad Men and Fools of both Sexes , must have been all Kings , Queens and Princes , and that which they would have called their King , to be but as a shadow or semblance , or none at all ; ( which would have restrained the King from all power that other ●ings and Princes had to reward men of merit ; when as Joseph had the Honour done him by Pharaoh , that they should make him ride them second Chariot , and cry before him , Bow the Knee , and as Mordecai who had preserved King Ahashuerus Life , was Arrayed with the Royal Apparel , and rode upon the Horse on which the King used to ride , with the Crown Royal on his Head , and the Horse to be led by one o● his greatest Princes through the Street of the City , who sh 〈…〉 Proclaim before him , Thus shall it be done to the man whom the King delighteth to Honour . ) All those ( or which ) their humble desires being granted by his Majesty , they should faithfully apply themselves to regulate his present Revenue in such sort as may be for his best advantage , and likewise to settle such an ordinary and constant increase of it , as shall be sufficient to support his Royal Dignity in Honour and Plenty , beyond the proportion of any former Grants of his Subjects , of the Kingdom of his Majesties Royal Predecessors . And what he owed to himself , his Posterity , People , Prudence , Honour and Dignity , as to have granted what they desired , they would too easily have obtained their advantages of bereaving him of his Monarchy by such their Propositions not fit to be advised , and Petitions neither to be made or granted , more than Pepin the Mayor of the Palace at Paris ever had , when he perswaded the last King of the Merovignian Line to indulge his ease , & leave all his Affairs of State to his care & manage , which brought that Prince within a short time after to be shaved , and put into a Monastery , and the great Charles or Charlemain Son of Pepin established King of France , or the like opportunities , which Hugh Capet the Ancestor of the now King of France , had by his getting the Rule and Reins of the Government into his own hands , which did the like to the Family of that Great Charles , and placed himself , and his ever since flourishing Lineage in that Throne . And would make him as small a King as Arise Evans a Fanatick Taylor in Black Fryers in London had proposed , ( when Sir James Harrington had modelled his Government of Oceana , Mr. Henry Nevil his Plato Redivivus , and Mr. Charles , George Cock his Houshold of God upon Earth , and every one would be busy as he could in shooting of his bolt ) That a King should be Elected out of the Poorest sort of Men , and have an 100 l. per Annum for his care and pains to be taken in the Government , which would have been much better than the aforesaid 19 careful manackling Propositions , when the Parliament must have been the King , and the King only executive and as the Subject , and the Parliament from time to time impowered to make Laws contrary to those which he and his predecessors had made and governed by , and when they please is to execute quite contrary , and procure a pardon when he can of God Almighty for it . And having by the help of their Seditions and Rebellion gained as they hoped a new Magna Charta for themselves as representatives for the people , their next care and industry were employed not only to guard and keep what they had thought themselves possessed of , but to add as many more advantages unto them as the pressures and necessities of their King might join unto them , and therefore when the Noble General Monke , after Duke of Albemarle had by Gods mercy to King Charles the 2d under the mask of a Commonwealth by his wary conduct in almost a miraculous manner reduced the King to his Kingdoms , Dominions and Monarchick Rights , without , as the Parliament Rebels would have perswaded him , the taking of the Rebellious Covenant , or the abstracting of any of his Regal Rights , they did so contrive their matters , as in an Act of general pardon larger than ever was granted by any of our Kings of England with some small exceptions , prepared by two Serjeants at Law , that had Sailed along with the Wind and Tide of that long lasting Rebellion , they had bestowed upon it an especial praeamble , That whereas divers Rebellions and Insurrections had been by vertue of divers Commissions of the King , and of the Parliament , as if any could be guilty of High Treason , or other Misdemeanors , or could forfeit , that acted by the Kings Authority , the King had pardoned all Treasons , Felonies , &c. And as if they had nothing more to incroach upon the Monarchy , did take it to be a breach of they knew not what Priviledge for their murdered King to send for a Printing-press from London to York or Oxford , and the Members of the House of Commons in Parliament , after that huge pardon granted by King Charles the 2d of the forfeiture of all the Lands in England , which were in the Rebels possessions , with all their rich Goods and Chattels , together with another Act to unbastardize their Children , and unadulterate their Fathers and Mothers fastened , and entailed upon them by a new Fanatical way of Marriage before Justices of Peace , as if they were only to part a fray , or keep them from fighting , for which they seemed not to be at any rest or quiet with themselves , until every County , City , Burrough , Market Town and Corporation , or Company of Trade had attended his Majesty with Addresses of huge protestations of Loyalty and Obedience , and the expence of their Blood , Lives and Fortunes , and all that could be dear unto them , yet too many of them could after make their counterfeit Loyalty , with promises to live and dye with him to amount unto no more than the breeding of Factions , and dislike of his Majesties mild and tender hearted Government , lampooning and scandalizing him , robbing and pilfering his Royal Revenue , whereby to encompass him with all manner of importunate necessities , as if the cheating and misusing of Kings had been no small part of their Praerogative , contrived a most abominable Association upon him and his Royal Brother , his now Sacred Majesty , to murder and ruine them as they were to come thorough a narrow Lane from Newmarket to London in the same Coach , and being disappointed therein , proceeded to infect as much as they could the Parliament , that should have been his best and most wholsom Counsel , to make and enter into an Association upon their Oaths without their King , to exclude and banish his Royal Brother , his now present Majesty , and his Heirs and Successors , from the Royal Succession , for that he was suspected to be addicted to the Religion of the Church of Rome . Which being by the King and major part of the House of Lords contradicted , a Force and Insurrection was contrived , and enough as they hoped listed and made ready to accomplish it ; but it being discovered by some that had been persuaded to assist therein , and some of the Nobility being according to Law attainted of High Treason , and forfeited , they would not leave prosecuting of him with their Plots and Designs , until God the Appointer of Kings had called him to his mercy from them that would have no mercy for him . And having thus long abused their Kings with their Rebellions , and brought a long lasting Series of mischief and miseries upon their seduced Followers , could not rest satisfied if they should not give more Credit to their New Commonwealth-Mongers , that would entitle them to the only power of summoning , proroguing , adjorning or dissolving of Parliaments , and manackling of their Kings and Princes , and did not think they had enough established it and themselves , if they had not , when for Loyalty or any such matter they were to eject any of their Fellow-Members , caused them to receive their Sentence upon their Knees , although they had committed no Offence , neither supplicated for any pardon , or had it . And another being as willing as some others to adore his own fancy without any evidence of Truth , Law , or Right Reason , in his Wringing . Wresting and Torturing of Tropes , Metaphors , Allegories , Improprieties of Words or Phrases beyond their Right or common use , or what he had picked together out of some lying Manuscripts , and abused Records by omissions of truths , whereby to put his vain and groundless imaginations into some frame and method , hath in his Book Printed and Published , endeavoured to make the House of Commons to be an Essential and Constituent part of Parliament , and to have a votum Decisivum therein , and hath therein committed more dangerous errors than the late Author of the Theory of the Earth , in his endeavouring to prove Noahs Flood to have been more from natural causes than the product of God Almighty's Will and Infinite Power , declared by his more especial Servant Moses , sufficiently confuted by the Reverend Father in God Herbert Lord Bishop of Hereford . And it must needs be said that he hath over-dangerously handled Joves Thunder-bolts , and made himself as instrumental as he could to take the Soveraignty from the King , and bestow it upon the People , whom he and his Opiniotretees would suppose to be represented in Parliament , whereas he should have only said , it was a constituted part of the Parliament from the 49th year of the Raign of King Henry the 3d sub modo & forma during that Kings Imprisonment under Symon Montfort Earl of Leicester and his Rebel Associates , and were neither in Authority or Degree the same with the more Honourable , and better Estated House of Peers , although in that then constituted House of Commons in Parliament there were to be four Knights out of every County in England to be Elected and sent thither , ( few of them appearing ) and that more or less they might have claimed , as they have lately done the summoning of the Peers and the Nobility of the Kingdom , Electing the Members of the House of Commons in Parliament , and they representing all the People , might more easily have continued and maintained their Post and Station of a never to be proved senseless and reasonless Soveraignty , which was not to be seen , heard or read in this Kingdom , either in the time that it had been a Roman Colony , or of the Great Arthur , or the Saxon Heptarchy , Norman Conquest , and our many since succeeding Kings and Princes , and is , and hath ever been attended with so many possibilities of setting People together to kill , destroy and ruin one another , as hath no where in the habitable World , but in our late English Frenzy and Infatuation , and most egregious Hypocritical pretences of Religion , whilst they for almost fifty years together , imployed their Godless time in murdering of their Kings and Laws , and the one half or more of their Fellow-Subjects Lives and Estates , and that Author can never prove that there are two Supreams , nor find any way to agree them , which should be uppermost , or which the lowermost . And what pro Deus atque hominum fidem , could those liberties be , that they by a pretence of Reformation of grievances of their own making had usurped upon their King , to mould themselves and their wicked fellow Complotters into a Republick , as they would have it stiled , when it proved to be nothing but a Society of Rapine plunder and villany , whereof their Regicide Oliver Cromwell had afterwards cheated them , and was almost as great a mistake in what a very learned Judge had said , when he was Member of the House of Commons , that the King was primarily a Trustee for the People , yet it could not be so affirmed by any Truth , Rule or Law of God or man as immediately from or by them , but only as immediately from or by God commanded to take care of his People . And a wrongfull misinterpretation hath been endeavoured to be put upon some part of our Reverend Mr. Hookers Book of Ecclesiastical Policy , as if he had positively affirmed , that the King was a Trustee for his People ( as he is doubtless for his protection ) when the late learned Dr. Sanderson Bishop of Lincoln , hath affirmed unto me that he having heedfully , perused the Book written with Mr. Hookers own hand could discover no such words therein . So here is complexedly met and united a Systeme , and a Mass of the Conspiracies , Factions , Seditions ; Treasons and abominable confusions put together and agitated , sometimes at one time , and after at others , from the later end of the Raign of King Richard the first until the Raign of King Charles the 2d in the dream of the Election of our Kings and Princes in the Rebellion at Running Mede ; some Barons in the Raign of King Henry the third threatning to choose another King , and enforcing of Conservators of the Liberties of the People , in the provisions Derogatory to Kingly Government made at Oxford in the Raign of King Henry the third , and constrained of King Edward the second . And might have happened into a question unanswerable , what mischief our Magna Charta , or Charta de Foresta had done unto our Nation , or upon what other cause or reason those excellent Laws were granted by our King Henry the 3d , and so dearly beloved , as they thought themselves utterly undone if they had not with the 15th part of their Moveables obtained them eisdem modo & forma , without any substraction or addition , the same which have been continued & confirmed by their several Kings and Princes above thirty times , and was such a caution in one of their Parliaments , as the Bishops in their several Diocesses were impowered to Anathematize all the Infringers thereof ; and King Henry the 3d in that direful Procession was constrained to walk through Westminster-Hall the Abby-Church of Westminster , with all the Bishops , Earls , Barons and Nobility of England and Wales , holding burning Tapers in their hands , ( the King only refusing after the reading of the aforesaid Magna Charta's freely granted by that King , and likewise that enforced upon King John his Father ) and throwing down their Tapers , wishing that the Souls of the Infringers thereof might so burn and fry in Hells everlasting fire , being such a cursed obligation as was never enforced upon any King or Prince by their people in any Nation of the World , and might if Right had been done unto that distressed King , have been deeply censured in foro Animae & gratitudinis : And if those Magna Charta's have been such a darling of the people as they seemed to value it as their Blood and Estates , how could they fall so much out of their love as they would do all that they could to be rid of them , as if they had been Circe's Swine tearing them in peices , when they are for the most part a compleat System or figure of our Antient Monarch Feudal Laws , and every Chapter therein loudly proclaim them to be no otherwise . And what have we got in Recompence of the overturning of our beneficial and ever to be praised Feudal Laws , but the forfeitures of all our Lands and Estates , if God and the King should be extream and mark what is done amiss . Or can any man of Learning Reason or Understanding , or any but one that is or hath been mad without Lucid Intervals , believe that St. Edward the Confessors Laws have not deduced their Original for the most part , if not all , from the Feudal Laws , when by the solemnest and greatest Jury of the World impannelled by King William the Conqueror , they appeared sine dolo & malo ingenio , to be no other than our Feudal Laws by which the Soveraignty did appear to be in the King , ( not the People ) by which our Kingdom had been Governed , and did bear as near a resemblance thereunto , as one Hen Egg doth or can unto another in shape or figure . And what strange kind of Imaginary Soveraignty radically or otherwise at any time was believed to reside in the people , when the Pope and his Legate Pandulphus made our affrighted King John to do homage by laying down his Crown and Scepter at the feet of his Legate , multum dolente Archiepiscopo Cantuariensi , saith Matthew Paris ) nor was the Tribute paid or thought fit to be paid thereupon for the Kingdoms of England and Ireland , though demanded of King Henry the third his Son , or Edward the first his Grandson , but by all our Kings and Princes neglected , it being an allowed Maxime in our Law that Angliae Rex nunquam moritur , which could not be if all the People had been understood to have been Soveraigns . Or can any man believe that our English Ancestors did not think St. Edward the Confessors said Laws to be tantum sacrae , when they hid them under his Shrine in the Church of Westminster-Abby , and afterwards precibus & fletibus obtained of him to be Governed by them . Which William the Conqueror would not have granted until he had by the aforesaid grand Jury examined and compared them , per sapientes & viros in Lege eruditos , and the People of England and Wales have ever since , being about 619 years , never believed their Lives , Estates and Posterities to be in any kind of safety , if the Conqueror and all the succeeding Kings and Princes did not at their several Coronations take their Oaths to observe most especially St. Edward the Confessors Laws , which they never failed to do , and hath been so taken both by his late Majesty , and this our present King. And it would be a strange forgetfulness of Duty , and our Oaths of Allegiance and Supremacy , ( upon which , and no other our Feudal Laws are built ) to forget them , and the care of our Souls , which the Britaignes in Armorica in France could never do since the dread and fear of the cruel Invasion of the Scots and Picts making them forsake their Native Countrey of England , and retire where they now are , where they yet retain their Antient Feudal Customs used in England ; which is that Ligeance est ordinaire en tous fiefs la quelle de sa nature emporta obeyssance du vassal foy homage & autre les droits & devoirs contenus en l'infeodation & anciens advouz & tenures . L'homage lige ce fera en ceste forme scavoir que le vassal l' Espee & Esperons ostez teste nue ( ayant les mains entre celles de son Seigneur & se enclynant ) dira telles paroles mon Seigneur Je deviens vostre home Lige pour telles choses lesquelles Je releve & tien de vous ligement en tiel vostre fief & Seigneurie lesquelles choses me sont advenues par tels moyens a cause de quoi Je vous doy la foy & homage lige & vous promittes par ma foy & serment vous estre Loyal & feable porter l' honneur & obeysance & envers vous me gouverner aynsi que noble homage de foy lige doit faire envers son Seigneur Le Seigneur respondra come sensuit vous devenus mon home pour rayson de tales choses par vous dites & de choses en tel me promittant que vous me serra feal & obeysant home & vassal si que vostre fief le requier & le Subject respondra Je le promets ainsi & lors le Seigneur dira Je vous y recen sauf mon droit & de l' autrui . Insomuch as when all the aforesaid concurrences of the Laws of God and Man , Records and Annals , Truth and rectified Reason shall be united and laid together , he must be an ill Subject , and a very great INfidel that cannot with great assurance believe that the Blessed Martyr King Charles the first , and his late Royal Majesty , and our now Gracious Soveraign have been much wronged in their Regal Rights , Revenue and Authority , and had as their Blessed Father been made likewise Martyrs , if the Divine Providence of God had not in favour unto a sinful People prevented those very often attempts of Villany . And may put us thus preserved from a ruin and confusion impending upon a Nation , ( as unto too many of them ) nursed and enriched by plain or palliated Disloyalty , seeing his now Royal Majesty his Indulgent Brother , and Pious Father , have taken their Coronation Oaths to observe the good Laws of King Edward the Confessor , which are the same with our so often confirmed Magna Charta's , and Charta de Foresta , the Blessings of this Nation , and ordained by Act of Parliament to be read in all the Cathedral Churches of England and Wales , the Infringers whereof have been as aforesaid so bitterly Anathematized . And that the Honour , Dignity and Strength of the Nation may no longer remain Ecclipsed , and that our weakness in the want of our most Honourable and Ancient Monarchick Fundamental Feudal Laws may not be told , or made use of in Gath and Askalon , and that our King may not be without the means to defend himself and his People , and avoid the disadvantages and damages which Forreign Princes and his Allies may put upon him in all his Leagues and Treaties with them concerning his Imperial and Monarchick Crown and Dignity , and in matters of Commerce , wherein all his People are not a little concerned , and that there is now more reason and necessity than ever was that the Temporal Nobility , the principal and most concerned part of the Nation , should , as they did in a Parliament at Merton , publickly and seriously declare that noluerunt mutare Leges Angliae . Collapsa ruunt subductis tecta Columnis Moribus antiquis stant res Britannae viresque . FINIS . Notes, typically marginal, from the original text Notes for div A54686-e540 Thucidides . Regale Necessarium per Fabian Philipps . Plowdens Commentum . Fabian Philipps Regale Necessarium &c. Mich. 18. E. 3. coram R●gt . Mich. 19. E. 3. coram Rege Ro. 161. Bracton in pro●●io . Additament . Mat , Paris . & Dr. Brady in Histor. H. 3. in Appendix 221. & 222. Dr. Stillingfleets Origines Brittannicae . Notes for div A54686-e4400 a Dr. Duck De authoritate Juris Civilis Romanorum Lib. 2. Spelman . Conal 35. c. 8. Sect. 14. & 16. Chronicon Io. Brompton 956. Selden Dissert . ad Fletam , c. 4. sect . 4. b Sir J. Spelman de vita Aelfredi Regis 8. & R. Ep. Chal●edon . Nich. Smith appendix 190. & doctissimae Annot. in lib. ejusdem Iohn Spelman 6. c Chronicon J. Brompton 788. d Dr. Duck lib. 2. c. 8. sect . 14. & 16. e LL Inae Reg. in legib . Saxon per Ab. Whelock & W. Lambard , Latin. reddit . f Chronic. Joh. Brompton , 700. g LL Alluredi Regis . h Balaeus & J● . Spelm. de vita Aelfredi Regis 166. i LL Edward● Regis . k LL Aethelstani Regis . l LL Edmunds Regis m Dr. Duck de authorit . Iuris civilis Rom. li. 2. c 8. sect . 16. n Sammes Brit ▪ Antiq. i●●str . 100 , 101 , 102 , 103. n Sammes Brit ▪ Antiq. i●●str . 100 , 101 , 102 , 103. o Jo. Spelman in vita Aelfredi , 124. ex Ingulfo p LL Edgari Regis Cook in Praefat 4. relat . q LL Ethelredi Regis . r LL Canuti R s LL Edwardi Reg. Confess . t Tit. l. x Noricorum & Danor . in Britann●a . u Chron. Lech . seldense . x LL Guilielmi Regis Conqu . Matt. Paris y Tit. 95. z Seldeni notae & spicilegium ad eadmerum 167. a Spelman gloffar . in legib . Reg. H. 1. b Mat. Paris 240 , 241. c Mat. Paris 21. d Spelman glossar . in diatriba de Mag●● Charta . e Balaeus de scriptorib●● Anglix 93. f Dugdale's Origmes Juridiciales 17. g Chronicon Jo. Bromton 62. h Spelman's glossor , i Mat. Paris 197. k Daniel 127. l Balaeus de scriptoribus Anglicis . 102. m Sam. Daniel in the Life of King John. n Daniel 129. o Daniel 130. p Daniel 131. q Ibidem 132. r Daniel 135. s Daniel 137. t Daniel 138. u Matt. Paris 134. 235. x Mat Paris 236 , 237. y Daniel 139. & 140. z R●claus 15 Johannis part 2. m 8. dorso . z Matt. Paris 226 , and 239. Daniel . 139. a Matt. Paris 212. h Matt. Paris 240. 241. & Daniel 140. t Pat. 16 Johannis m. 1. Dorso . d Anno 16 Johannis in Alba Turre London . e A. 16 Johan . in turre Lond. f Ro ' pat . 17. Johannis in 16. in dorso 3. g Ro ' pat . 17 Johan . in 16 ; in dorso . h Pryn's History of K. John , 34 , & 35. i Mat. Paris , ad annos 14 , 15 , 16 , & 17 Johan . k Mat. Paris 249. l Daniel 140 , 141. m Daniel 143. Matt. Paris 244. & 255. o Charta Reg. Johannis in Mat. Paris 254 , 255 , 256 , 257 , 258 , 259 , 260. p Balaeus de scriptoribus Angliae , 102. & Polydor vir gil . lib. 15. q Cokes 1 part Institut , 108 , 159. Vide L. I. Edwardi Confessor , & cart & L. L. s Matt. Paris 161. 162. Daniel 145. u Daniel 149 , 147. x Ranulphus Cestrenfis , Henry de Knighton , Caxton's Chronicle , & y Pryns history of the Pope's Usurpation in England in the Reign of King John , 36. z y Pryns Animadversions upon the 4th . part of Cokes Instit. * Daniel 148 , 149. * Daniel 150 , 151. * M. Par. 323. * 9 H. 3. * Pryns history of the Pope's Usurpation in England . 6 , 8. * Epist in turre Lond. inter Record . ibid. * ibid. fo . 61. * Inter recordd anno 8 H. 3. in turre ●ondon . * Magna Charta 9 H. 3. * Spelman's glossar ' 376. * Mat. Paris . * Pryn's Animadversions upon Coke's 4. part of the Institutes . * M. Par. 257. * Pryn's Animadversions upon Coke's 4. part of the Institutes . * Tabulae censuales Angliae , Or Dooms-day-book . Dugdale's Baronage , 〈◊〉 ●ome ●it . Warren . Earl of Surrey , and Ferrers Earl of Derby ; and his Preface to the Antiquities of Warwickshire illustrated . * Magna Charta 9 H. 3. c. 31. * 9 H. 3. c. 29. * Mat. Paris 380. Spelman glossar ' 331 , 332. * Daniel 154. * Daniel 157. * Anno 21 H. 3. * Daniel 157. ●Ro ' Cart. 21. H. 3. m. 7. * Mat. Paris 458 , 459. Matthew of Westminster 249 Pryn's hist. of the Pope's Usurpation in England . ●Ro'clause 23 H. 3. m 14. & 18 & 80. a Daniel 161. b Ro ' claus . 28 H. 3. c Ro ' claus . 32 H. 3. m. 15. d Daniel in the life of K. H. 3. 164 , 165. e Daniel 165. Ro ' pat . 35 H. 3. m. 6. f Mat. Paris 580 , 581 , 583. Mat. Par. 812 , 15. Ro ' clause 37 , & 46 H. 3. h Mat. Paris . i Mat. Paris 758 , 811 , 812. Ro ' claus . 37 , 46 H. 3. k Pryns hist. col . of the Pope's Usurpation in England , 107. Daniel in the life of K. H. 3. l Ro ' pat . 37 H. 3. m. 12. in dorso . n Mat. Par. 977. & in additament is . o Spelmans Glos 〈…〉 . p Mat. Parit . q Mat. Westminster . r Daniel 177. s Mat Paris 983. t Mat. Paris 986. Daniel 178. u M. Paris 992 w Mat. Paris 992. x Inter Recor● in recept ' scienti apud Camerar . y Mat. Paris 261. z Hen. Knight . de eventibus Anglia . a Men. Knight . l. 2. inter histor . antiq . scriptur . Anglic. 245 , & 246. b l. 2. ff . de except . c l. 1. labeo scribit ff . de fluminibus . l. Tiriae text ' pr'ff . de legat ' Bart ' in lib. 1. ff . de except ' . l. de aetat ' nihil interest ff . de interrog ' . d Pat. 48. 〈◊〉 . 3. m. 4. dorso , e Pryn's 2 tome of the History of King John , and Henry 3. f Pat. 48 H. 3. m. 13. juxtus . g Daniels hist. in the life of K. Henry III. h Charles l'Oyseau des ordres Romains , c. 2. 24 i Daniel 179. k Daniel 180. l Walsingham ypodigma Neustriae , 469 , & 470. m Sir Richard Baker's Chronicle . n Mar. Paris 996. o Ro. Paten 48 H. 3. m. 22. p Ro. claus . 48 H. 3 in 4 in Dorso . q Ro. claus . 48. H. 3. in 4 Dorso . 48 H. 3. m. 3. s Ro. Pat. 48 H. 3. m. 2. dorso . t Ro. claus . 49. H. 3. m. 12. dorso . u Ro. claus . 49. H. 3. m. 12. in dorso . w Elsings Antient and Present manner of holding Parliaments in England . 7 and 9. & Ro. claus . 49. H. 3. in dors in Schedul x Mat. Paris 995. 996. and 255. Dugdales Origenes juridiciales tit . Parliament . 1● . y Ro. Pat. 49 H. 3. m. 26. z Ro. Claus. 49 H 3. m. 11. dorso . a Pryn's Brev. Parliamentaria Rediviva 242. b Ro. claus . 49 H. 3. m. 10. Dorso . c Speeds Hist. of Engl. in the life of H. 3. 638 d Ro Claus. 49 H 3. m. 10. dorso . e Ro claus . 49 H. 3. m. 10. dorso . s Anno 49 H. 3. m. 23. Ro. claus . g Ro. claus . 49. H. 3. m. 9. h Ro. claus . 49. H. 3. m. 9. i Ro. claus . 49 H. 3. m. 8. k Ro. clans . 49 H. 3. m. 7. l Ro. claus . 49. H. 3. m. 8. m Ro. claus . 49 H. 3. m. 5. n Ro. claus . 49 H. 3. m. 6. o Ro. Claus. 49 H 3. m. 5. p Ro. Pat. 49 Hi 3. m. 4. q Ro. Pat. H. 〈◊〉 . 49. m. 4. r Ro. Pat. 49 H. 3. m. 4. s t Ro. claus . 49 H. 3. u Ro. Pat. 49 H. 3. m. 4. w Ro. claus . ●0 H. 3. m. 〈◊〉 x Ro. claus . 49. H. 3. m. 3. x Dugdales Baronage in Tit. Petri de Montfort , 407 , 408. 409. & Clifford 337. y Mat Westminster . 1263 z Dugdale's Baronage . tit . Mortimer 142. Monastic . Anglic . vol. 2. 223. an 40. 50. 60. & 223. b. m. S. Oxon ' in bibl . Bod. med . 20. 120. b. a Ibidem . 223. n. 10. b Hen. Knighton , de Even●ib●s Angliae . c Ro. claus . 4● H. 3. in dorso . d Du 〈…〉 es Baronage Tit. Simon de Montfort Earl of Leicester . 757. ● Mat We 〈…〉 - f Mat. Pari● . f . g Ro. claus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in dorso . & Ro. Pa● . 〈 ◊〉 〈◊〉 〈◊〉 . h M●t. Paris . 〈◊〉 〈◊〉 ●●●0 . i Mat. Paris . k Ro. Pat. 49 H. 3. l Daniel in the life of Hen. 3. 182 and 183 , 184. m 〈◊〉 Paris 10. 2. n Danoel's History in the life . of King H. 3 and Matthew Paris . 1002. 1003. o Dictum de Kinilworth anno . 51. H. 3. r Mat. Paris . 1003 & 1004. s Mat. Paris . 1005. r Mat. Paris . 1005 & 1006. s Ro. Pat. 56 H. 〈◊〉 . m. 29. intus . t Mat. Paris 1009 & 1009. and peed's Hist. of England . u Ro. Pa● . 55 H. 3. intus . w Ro. claus . 5● H. 3. m. 8. intus x Mat Westminster de anno 〈◊〉 1270. 26 H. 8. 26. 34 H. 8. ca. 13 35 H. 8. 11. ●7 H. 〈◊〉 . 26. 〈◊〉 H. 〈◊〉 . 11. & ●4 H. 8. 1● . 25. Car. 2. y Sam , Daniel in the Life and Reign of King Henry 3d. 180. 181. z Spelman's diatriba de Baronibus . a Placita apud Northamptou coram Galfrido le Scroope & sociis juis Justie . itener ' An. 3. E. 3. b a Sir John Ferne's Glory of Generosity . c Littleton's Tenuries , Cokes 1. Instit. super Littleton . d Barn. Brisson . in Basilic . Lib. 6. Tit. 23. e 21. E. 3. 2● . 45. E. 3. 21. f Dugdales Baronage . Tit. 〈◊〉 and Petri 〈◊〉 Montfort . Hen. 〈◊〉 . Daniel in Life of h Cokes , 1 Institutes , Tit. escuage . i Ro. pat . & claus 48 , & 40. H. 3. k Exact Collection of all Remonstrances , Petitions , Messages , Declarations , & Answers betwixt the King and Parliament from the 1st . of Decemb. 1642. until 24 March 1652. Ordered by the Commons Assembled in Parliament to be printed . l 〈◊〉 L Edwardi Confessor 〈◊〉 . m Sir 〈◊〉 . 〈◊〉 Chronicle . n Ro. claus . 48 H. 3. Parte uni●a . m. 6. in dors . Schedul● . o Dugda●e● preface in his Survey of Warwick shire . Liber censualis vocat . Dooms-day Lib. rub . in S●●c . p Dugdale ' s Minas tum Anglicanum , 12. 3. Tom. q York and Vincent Catalogue of Nobility . r Job . ca. 29. s Sir Edward Cokes 1 part Institutes tit . Escuage . 51● . Et Ordericus Vitalis . t Dugdale ' s Baronage . 1 Tom. 257. u Dugdale ' s Baronage . 1 Tom. 83. w Idem . 207. 213 , 214. Claus 2 part 48 H. 3. m. 10. x Dugdale ' s Baronage 1 Tom. 188. y Spelman ' s Glossard . & in libro rubro de Scac. z Dugdale ' s Baronage . 1 Tom. 407. 408. 409. a Dugdale's Baronage . 1 Tom. 671. and 672. b idem ibidem 389. 〈◊〉 . ●9● . and ●●7 . c ibid. 180. and 181. d ibid 89. and 90. e ibid. 599. Dugdale's Baronage Tom 1. 269. f ibid 59● . g ibid. 561. h ibid 57● . i ibid. 575. k ibid 545. l ibid. 435. and 436. m ibid. 626. n ibid. 544. o ibid. 2●7 . p ibid 315. q ibid 347. r Dugdale's Baronage . 1 Tom. tit . Warwick 72. s Dugdale's Baronage . 1 Tom 44. t Dugdale's Baronage . 1 Tom 32 and 34. u Dugdale's Baronage . 1 Tom. 24. 72. w Seldens Titles of honour . x Daniel Hist. in the Life of King R : 1. y Dugdales Baronage . 1 Tom. 74. z ibid. 139. & 142. a Heary 〈◊〉 Knighton 〈◊〉 eventibus Angliae . Lib. 〈◊〉 p. 23●● . and 25●4 . b Dugdale's Baronage 1 Tom. 45. 50 , and 51. c Ibid. p 269 , 272. d Ibid. 262. 76● . e Ibid. 111. f Ibid. 225. and 999. g Ibid. 451 , and 452. h Dugdale ' s Baronage . Tom. 1. 340. i Dugdale ' s Baronage . 26. 1 Tom. k Dugdale's Baronage . 60. and 64. 68. 1 Tom. l Ibid. 156. m Ibid. 174. n Ibid. 254. o Ibid. 260. p Ibid. 46. q Weavers Funeral Mon. 456. ex veteri . M. S. r Ro. Pat. 45. H. 3. M. 3. and 8. s Prophet Daniel 4. ver 11. and 1● . t 13. E. 1. u Daniel 200. Sir Richard Bakers Chronicle . 211. w Mathew Westminster & Ro. Claus. 1. E. 1. M. 1. x Sir Francis Bacon's History of King H. 7. 211. y Coke 1. Institut . Lib. 2. Cap. 3. Tit. Escuage Mat. Paris . z Dugdale's Origenes juridiciales . 13. cap. 4 , and 5. Pryn's Animadversions upon Sir Edward Cokes 4. part of the Institutes . a Elsing's ancient and present manner of holding Parliaments of England . b Sir Richard Bakers Chronicle . 96. Sam. Daniel Hist. 180. Dugdale's Baronage tit . Mortimer 141 in margine . c Ro. claus . 22. E. 1. m. 4. in dorso . d Pryns Animadversions upon Sir Edward Cokes 4 part of the Institutes p 2. and in his Register or Survery of Parliamentary writs 304. e Spelmaus Glossar ' tit . Parliament . f Neubrigensis . g Mat. Paris . 41. H. 3. p 1283. & Selden . tit honor 716 , and 719. h Dors. Ro. Claus. 2. E. 1. Dors. claus . 50 E. 3. part 2. m. 6. i Elsings ancient and present Manner of holding Parliaments , ca. 2. p. 22. 23 , and 24. k Hist. Eadmeri . l Spelmani concilia Ecclefiastic . 347. m Placita . Coron . 21. E. 1. Ro. 27. Kanic . Placita Coron . 13. E. 1. Ro. 80. n Dugdale ' s Baronage . 1 Tem. 27. o Johannes Spelman filius Henrici Spelmani eraditissimus in vita Alfredi Regis , lib. 2. 115. & 116. Mat. Paris 1453. p Selden tit Honor 3 part ca. 5. 632. Sect. 6. Hist Eadmeri . q Bracton delegibus & con suetudinibus Angliae . Elsings ancient and present manner of holding Par liaments in England 22● r 1. H. Ro. Parl. m. 79. s Seldens Tables of Honor. t Spelmans Glossar in verbo Baro. u Seldens tit ' honour 639. 2 part ca. 5. Sect. 28. w LL Longobard l. 3. tit . 8. l. 4. Conrad . imper . in Knilenbrogio . x Spelman in verbo Pares Foedus Aelfredi cum Guthrun LL Henrici . 1. ca. 31. 33. 57. y Scholia Jacobi Spiegel . in lib. 2. Ligurini Guntheri . 301. 302 Lim●oeus de jure publici imperii Romano Germanici 1 Tom. ca. 9. Sect. 49. 51. 52. Spelman glossar ' in verbis Baro Pares & Parliament . a Harmanus Conringius de imper ' German ' 14. 15. Elsingss ancient and p 〈…〉 lent manner of holding Parliaments in England , 16 17. & al 〈…〉 . b Selden tit Honour 795. part . 2. ca. 5. Sect. 8. c Mat. Paris . 200. d Selden tit . Honor. 795. part . 2. ca. 5. Sect. 20. e Fabian Philips tenenda non tollenda . f L'Oyseau des Off 〈…〉 〈◊〉 ▪ aux ca. 2. 231. & 232. g Martinus Magerus a Schomberg de armata militia 15. 316. 8●4 . idem . ibidem . 13. 268. 999. idem . ibidem . 221. 222. 596 idem . ibidem . 13. 245. 598. LL. Edward 〈◊〉 Heretochi●● ▪ ●●7 . h Spelmane gloffar 216. tit Feodum sive feudum . Gerardus Niger & Obertus de O●●o de Feudis . Herbert van Beaumont de origine feudi Hollandioe Frisiaeque Occidentalis . 2. 3. 4 Paurmester de jurisdictione imperii Rom ' 40. 41 , 42 , 43 , 44 , 45. Craig de feudis ; Cuiacius lib. 8. Coldendorp . Vulteius . Wesenbachius . 17. E. 2. i Spelmans glossar . 217. Joannes Joachimus a Rusdorff . Resent●al in Synops ' Feud in prefat ' ad lett . Feltman de feudis in Epist. Feltman de Feudis Sect 2. Ca ' and 9. Feltman in teat de feudis 127. 25. 26. Feltman Tract de feudis p. 14 Capit. 8. 9. Idem pag 125 ca. 16. Ibm. p. 133. ca. 6. p 134. ca. 7. Littletons Tenures and Coke in his Comment thereupon ca. 1. tit Homage Sect. 85. Littletons Tenures tit ' Escuage . Cokes 1 part Institutes tit . Fee simple Ca. 11. Sect. 1. S. H. 7. 11 , 19. E. 3. 35 , 24. E. 3. 65 , 66 , 44. E. 3. 5. 48. E. 3. 2. Spelmans glosar . Le grand Custum de Normandie & in additione . Du Fresne gloffar . Tom. 1. p. 147. in verbo Alodiaiii . Jo. Koppen in Rangensdorff in decisionibus question , Illustrium in Germania . Vincent and York Catalogue of Nobility tit . Norfolk . Schwed●r●s part special ' ca. 5. de Electoribus Germ ' Imperii . Forsterus de Advocatis . Livy & Plutarichs lives . 12. Car. 2. k Spelman's Glossar ' . l Fabian Philips tenenda non tollenda . Justinian's Institutes . 7. E. 1. m Fresne in verbo Pares . LL. Al●man . tit . 9● . capitl . car ' . m. lib. 3. ca. 71. 72. Apud Marenlsum lib. 1. formul 32. n Paur Meister de jurisdict Imperij Rom. 45. tit . de legibus Conrad . & Forcat in com . de seudis . o Du Fresne Tom. 3. 13● . p Du Fresne Gloffar . tom . 1. 492. & 49● . q Du Fresne Idem . 138. in Tom. 3. r Charta Regis Edwardi Confestoris Ecclesiae S. Petri Wellmon . 25 R●gni sui & Anno Domini 1066. E. 1. H. 9. ca. 10. s Ro. Parl. 2● . t Elsiag's Ancient and Modern manner of holding Parliaments ca. 1. p. 46. and 47. u Elsing ca. 2. 51. w Sigonius de antiquo j●re Civium . Rom. lib. 2. ca. 2. x Concilia Spelman 32. 34. y Spelma●l concilia 60 z Spelmanni concilia 119. Selden tit . honour 632. & Bede Hist Eccles . lib. 2. ca ' . 5. a Pryns 1st part of an historical collection of the antient Parliaments of Eng land . 6. & Spelmanni concilia . 441. b Spel●an Concil . c Pryns Part of historical collections of the antient Parliaments of England . LL Saxonis d Pryns historical collections of the Antient Parliaments of England . Secunda Char●● E. Confessor S. Petri Westmonaster in Concil collect per H. Spelman . e Sir Robert Filmers Freeholders grand Enquest . Seldeni ad Eadmerum notae & spicilegium 167 LL Gulielmi Conquest in Hist. Ecclesiastgentis Anglorum ex Beda & LL Saxonis per Abrahamum VVhelocum f Seldeni ad Eadmerum notae & spicilegium 198 , & 199. h Mat. Paris . 16. i Selden tit . honor . k Mat. Paris . 60. 64 , 68. l Mat. Paris . 51. & 5. LLH 1. ca. 2. m Ordericus vitalis lib. 13. 930. n Mat. Paris . 100. o Mat. Paris . p Hovedeni Anpales parte posteriore . 566 , and 567. q Prrte 1st part of a brief Register of Parliamentary writs . r Mat. Paris . 98. 154. 158. 166. s Hoveden . 376. 378. 413. t Mat. Paris . 154. Mat. Paris . 156. u Mat. Paris . 158. w Idem 172 , 173. x Hoveden . 417. y Hoveden 417. z Mat. Paris . 173. a Mat. Paris . 199. 200 , 204. 206. b Ro. claus . 6. Johanni ▪ m. 2. 〈◊〉 . c Ro. claus . 6 Johannis m. 3 in dors . d Mat. Paris . 298 , & 299. e Mat. Paris . 304. Idem ibidem 310. 316. g Mat. Paris . 316. h Mat. Pari● . 316. and 318. i Mat. Paris . 324. Mat. Paris . 328. 336. 〈◊〉 Mat. Paris . 421. Mat. Paris . 336. l Mat. Paris . 333. 429. 435. Idem . 363. m Idem . 372. n Mat. Paris . Idem . 421. 422 Mat. Paris . 421. 422. 468. p Mat. Paris . ●79 . Mat. Paris . 639. r Mat. Paris . 681. s Idem . 89● . Idem . 325. P. 324. 32● . 693. Mat. Paris . 709. 720. 7●7 . 730. Mat Paris . 709. Idem . 749. 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 & 〈◊〉 . 〈…〉 . Idem . ●●5 . 326 t Mat. Paris . 881. u Ibedem 887. Mat. Paris . 911. 913. 939. 946. 963. 964. 965. 968. Mat. Paris . 971. u Mat Paris . 974. w Mat. Paris . 978. 981. 〈◊〉 x Mat. Paris . 983. 984 , 985 , 986 , 987. Mat. Paris . in vita Henrici 3. y Continua 〈…〉 Mat. Paris . 980. 99● 991 , 992 〈◊〉 . z Mat. Paris . a Mat. Paris . b Mat. Paris . c Mat. Paris . 1002. Glossat ' Du Fresne in verbo seu tit . Baro 485. & 486. Isidor ' de orig ' verborum . Angustini Serm. 48 ad fratres in eremo . Lindenbro●ius in legibus eorum . Hinckmarus in Epist. Du Fresne 1 Tom. 487. Selden tit . honor . 621. 622 , 623 , 624 , 625. LL Canuti . Schwederus Part 2. S. 2. p. 838. Du Fresne Glossar ' 491. Cassanaeus in catalog glor ' mundi 8 parte S. 15. Tiraquel de mobilitate & Virgilius Aened 5. L'Oyseau traite des Seignenries . Ca. 66. Idem ibidem . Ca. 1. and 6. 1 Eliz. ca. 1. Oath of Supremacy . Oath of Alegiance . Marculfi formulae in praefat . Marculfi Lib. 1. Ca. 25. Bugnonii notae in Marculfum 510. 511 , 512 , 513 , 514 , 515 , 516. Idem Ibidem 586. 587. Selden tit . honor 708. & in dors claus . 6. Johannis m. 3. Ro. claus . 6. Johannis m. 2. in dorso . Dors. claus . 28. H. 3. m. 13. Elsings ancient and modern manner of holding Parliaments in England . 7. and 9. ' Et in dors . ●0 . claus . 49. H. 3. in sched . 〈◊〉 . Paris . 41. 〈◊〉 . P. 12●3 . 〈◊〉 . 〈◊〉 . ●o●or . 716. & 719. dors 〈◊〉 . 〈◊〉 . 23. E. 〈◊〉 . dors . 〈◊〉 . 5● . 〈◊〉 . 〈◊〉 . 〈◊〉 2. 〈◊〉 . 6. E 〈…〉 . 〈◊〉 and present manner of holding Parliament● . C● . 2. P. 22. 23 , and 24. Ordericus Vitalis hist. Ecclesiast . lib. 4. p. 523. b. Selden tit . honor 692. 693. Spelmans Glossar ' 452. Cambden Brit. 122. Seiden tit . honor 713. Selden tit . honor 713. Mathew Paris 81. edict . London . Du Fresne in ●erbo Pares . L'Oiseau tralte de● Seigneuries cap. 5. p. 100. Mat. Paris & Favin in his Theatre of honour . 181. Du Fresne in verbo Pares . Idem Tom. 3. ●●3 . Sir Richard Bakers Chronicle . Numbers 11. Joshua . 23. Jeremiah . 26. Bodin Besoldus de Comitibus imperii . 117. Arumaeus de Comitiis 7 & 223. Pasquier dec Recherches , li. 2. 72. 74 , & 76. Livy . Fenestella & alii Romanae gentis Scriptores . Sext. 6. p. 43. 32. H. 81. Seldans M● . Seldans M● . Livy . Ro. Claus. 15. Jo. parte 2 m. 7. in dorso , not parte . 1. as in Seldan or his Printer hath misquoted it . Daniel in the Life of King Joh. 136 137. Matt. Paris . ●34 . Spelmans Glossar . Ro. Claus. 1. H. 3. m. 9. in dorso . Sam. Daniel , 167. Claus. 38. H. 3. m. 14. dors . Claus. 38. H 3. m. 13. Shedula Ro. Marist . Coke . 1. institutes tit . Escuage . Sect. 102. Statute Quia Emptores terr●rum . 18. E. 1. cap. 1. Mat. Paris . 233. & 234. Walsingham . Hist. Angli . E. 1. 69. Bracton Li. 1. de legibus & conscietudinibus Anglica . Bracton lib. 2 de a●quirendo Domin● . ca. 16. sect . 3. Coke 4th part institutes . Seldens tit . honr . Bracton . Spelmans glos . in verbu Comes & Pancirodo de utrisque imperiis . O●dericus vitalis . Lib. 13. Tacitus . Hist. Lib. 2. Ordericus vitalis . Hoveden & alii histor . Angliae passim & frequenter . Selden . tit . honor . cap. 1. 3. sect . 5. L. L. Edwardi Confessor . 12. Seldens . tit of honor . Bracton in proamio . Bracton . Lib. 2. de acquirendo Domino . cap. 16. sect . 3. Lib. 1. Ca. 2. sect . 7. Lib. 1. ca. 2. dererum divisione . sect . 8. Lib. 2. de acquirendo Dominio . cap. 24. sect . 1. Bracton . Lib. 5. cap. 8. Stamford grants of the Kings 41. Bracton . Lib. 5. de defaltis cap. 3. Baronius Annalls ad An. 315. 12. 13. 14. 15. Virgills Aeneids . Spelman glos in Verbo Magister . Dugdales Origenes Juridiciales . Seldens notes upon Hengham . 239. Ro. Pat. 51. H. 3. in dorso . Seldens dissertatio ad Fletam . Epilogo . Li. 2. de vite Aelfredi Regis . Script per Johannem Spel-Kenrici Spelmani filium . Hoveden parte posteriore . 375. idem 451. parte posteriore . Seldens tit . honor . 632 , 633. 634. Paulus Screrbic promptuar . Statut Poloniae . 171. Spelmanni glossar . in vocibus Curia & Curtis . Aelfredi magni Anglorum Regis vita per Johannem Spelman Equit 〈…〉 rat Henrici . f. Lib. 2. 121. sect . 10. 11. 12. Asser Menevensis in Aelfredi Regis & Seldens tit . honor . 628. Mat. Paris & Thomas Walsingham . 25. Ed. 3. ca. 2. Leland in assertione Arthuri . 2 Reg. ca. 5. Feltman de Feudis , sect . 45. p. 146. 148. Littletons tenures . 1. cap. Iudic. 2. 6. & 7. Act of Oblivion & Generall Pardon granted by his Majesty after his Happy Restauration . Lindenbrogius . C●kes 1 part . institutes & Comment snr . Littleton . ca : 4. sect . 101. & 102. In fine L L. Edwards Regis . in Praefatione L. L. Edwardi Confessioris . Ordericus Vitalis degestis Gulielmi Conquestoris . Sr Roger Twisdon in his Preface to William the Conqueror's Laws . L. L. Gulielmi Conquestoris . Boemus demosibus Gentium . Decreta & leges Gulielmi Conquestoris & emendationes . Quas posuit in Anglia quae olim vocabatur Britannia . Sir Edward Coke in procmio of his Institutes or Comment upon Littletons Tenures . Sr Robert Cottons Collections . M. S. Sr Rog. Twisden in praefatione ad leges Gulielmi Conquestoris & Henrici . 1. filii ejus & Gervasuis Tilburiensis . Ro. claus . 12. H. 3. m. 2. in dorso . Sam. Daniel Hist of Edward the 1. & in ro . clause & pate . E. 1. 7. E. 1. 3. E. 3. Ro. Clause . 8. E. 3. m. 17. in dorso . 11. H. 7. ca. 1. & 19. H. 7. Aurelius Townsend proceedings in Parliament : in some of the last Years of R●ign of Qu. Elizabe●h . Case of Ship-Money argued in the Exohequer Chamber . Ro. Clause H. 3. L. L. In. 15. & 16. Littleton tit . Fealty . sect . 92. 93. Feltman ●rac de Feudis . sect . 2. Calvin's Case , Cokes 7 Relat. and Lord Chancellor Ellesmeres argument upon the Postnati , Reports and Register of Writs & Archives & Records . 3 Car. primi . Fabian Philipps , the mistaken recompence given to the King , for the release of his Tenures in Capite and Knights-Service and Pourveyance . P. 49. and 50. Fabian Philips Tenenda non Tollenda . Sir Francis Bacon's Ire . to the Duke of Buckingham . Baldus in proem . feudorum & in consult . 274. lib 3. Cynus in l. si viva matre de bonis matris . Bodin de repub . lib. 1. Beseldus dissert politis . Juridic . de Juribus Majestatis . ca. 9. Aelianus Hist. varia● . lib. 1. Brissonius de Regno Persiae . lib. 〈◊〉 . 17. E. 2. Littleton tit . Homage . Spelman glos . tit . homagium . Bracton lib. 2. cap. 35. num . 8. Spelman gloss . tit . homagium . Spelman gloss . tit . fidelitas . 1 Jac. ca. 26. & 〈◊〉 . Claus. H. 3. Spelman's 〈◊〉 〈◊〉 〈◊〉 Sr Henry Spelman of the Laws , Terms , &c. Cornelius Neostadius in tract . de Origine Feudi Hollandici Frisici accordat . Origine . Neostadius in suo Epist. dedicat . Seldens tit . honor . Sr John Fernes glory of Generosity sect . 110. 111. 117. 118. 119. Livy . Bracton de Ess●cits ca. 10. sect . 1. Seldens tit . Honor. ca. 5. sect . 831. Sir John Fernes glory of Generosity . 107. Bond 's Sermon to the House of Commons in Parliament . Sir John Fernes glory of Generosity . Sigonius de antiquo Jure Provinciarum Littletons tenures & Cokes Comments thereupon . Spelmans glos . tit . Laudes . Livy . Selden's notes upon Fortescu● . Fleta lib. 3. ca. 6. sect . 3. Scldeni dissertatio ad Fletam ca. 10. p. 249. Choppinus de antiquo Dominio ●egum Francia . Fleta lib. 1. ca. 42. P. 93. Fle●a lib. 3. ca. 6. sect . 2. & 3. Daniels Hist. 184. 191 , 192. Statute Coronatoris Anno 4. E. 〈◊〉 . Statute de Bigamis eodem Anno. Statute of the Exchequer or Ruthland . Westminster 2. 13. E. 1. ca. 16. Quia Emptores terr . 18. E. ca. 1. Inter record apud recept Socii tempore E. 2. 18. E. 1. 27. E. 1. 28. E. 1. 30. E. 1. 33. E. 1. Daniel in the Life of King E. 1. 3. E. 1. Ro Claus 〈◊〉 9. & Seldens t is . of honor . Ro part 1. mo . E. 4. Ro. Vascon . 22. E. 1. Recneil de tons les traiter entre les potentats de l'Europe a Nimegne . Coke Comment ●up Littleton . 1 part Instit. ca 5. tit . Socage . Walsingham Hist. E. & Sa. Daniel Hist. E. 1. Daniel in the Life & Reign of King E. 1. Plowdens Comment in le case inter Bu●kley & Rico Thomas . 3. E. 1. Ro Claus m 9. & vide Seldens tit . of honor . Ro. pa. 4. E. 1. m. 35. & Seldeni dissertatio ad Fletam 526. For sterus de juris prudentia Rom. 3. E. 1 ca 29. Ro. Claus. 3. E. 2. Ro. pat . de An. 3. E. 1. m. 10. de Statutis legend & proclamand in Cum. Cest & alibi . 4. E 1. ro cart . m 3. parte 17. aut potius parte 3. m. 37. Clause . Anno 4. 〈◊〉 . 1. m. 15. dorso . Dugdales or . ju●idic 56. &c. Seldeni noiae in Hengham & Breton . 6. E. 1. Britton 1 & ca. 15. & 19. Sir Richard Bakers Chronicle . Speeds Hist. of Great Britain . Speeds Hist. of England in the Reign of King Edward the 1st . and Spelmans glos . in catalog . Justiciar . Walsingham ypodigma Neustria 491 492. 493. & 494. 7. E. 1. ro . pat . m. 13. 1. E. ro . claus . m. 1. 10. E. 1. ro . pat . m. 2. 20. E. 2. ro . pat . m. 4. 12. E. 1. ro , Cart. m. 3. 13. E. 1. ro . Claus. m. 9. 13. E. 1. Mich. 18. E. 1 Norf. ro . 46. placit . Parl. 18. E. 1. n. 4. R●ley● placit Parl. 6. 7. & Pryns aurum Regin . ro claus . 20. E. 1 ro . fin . m. 25. & ro . pat ejusdem annt●m . 5. & 17. Cokes 8. report Beechers case in Anno. 6. Jac. & rot . Just●itin . tempore E. 1. inter record apud recept Scrii de tempore E. 1. prali●a in itinere apud Glou. temp●●● H. 2. ro . I. 242. Spelmans glos . in diatri●a de Justi . Anglia 334. Pryn in his Preface to the abridgement of the records in the Tower of London . Dugdales Baronage . Ro. vascon . 22. E. 1. Ro. Claus. 22. E. 1. 〈◊〉 . 6. in dorso . Claus. 23. E. 1. m. 9. in Claus. 23. E. 1. m. 2. in dorso . Sam. Daniel in the Life of King E. 1. Ro Clause tempore E 1. & Sam. Daniel in viea ejusdem Regis . Ro pat . 25 E. 1. parte prima 〈◊〉 . 9. Ro pat . 25. E. 1. parte 1. in 3. 13. vel 14. E. 1. & ro . 8. E. 2. Ro. Claus 25. E. 1. Speeds History of England in the Life of King Edward the 1. Ro. Claus. 30. E. 1. m. 13. Walsingham Ipodigma Neustria . 491. 492. 493 494. 495. Speeds Chronicle . 654. Walsingham Ipodigma Neu. & Hist. E. 1. M. S. Sr John Divies argument upon the question of Impositions . Walsingham in vita E. 1. p. 50. Pryn's 4. p● of a Register of Parliament Writs 22. & 23. & Ryleys placit Parl. 43. & 44. Ro. Claus. 33. E. 〈◊〉 m. 13. & Cedul ordinat per Dominum regem de stabilitate terrae Scotiae . Mich. 33. & 34. E. 1. ro . 103. in banco Regis . In placitis & adjudicat tempore . E. 1. in banco regis coram rege Wallia . Ro. Claus. 34. E. 1. m. 11. in dorso . Mich. 33. & 34. E. 1. coram regero . 71. Mich. 34. E. 1. incipiend ro . 113. Coram rege & concilio in banco regis . Ib. 46. Ib. 48. 56. & 57. Ib. 51. Walsingham Hist. Angliae sub E. 1. p. 55. 56. 57. Walsingham . ib. 60. 61. Midd. 〈◊〉 . Anno. 35. E. 1. Walsingham . Hist. E. 1. F. 89. 3. E. 1. ca. 1. Ca. 2. Ca. 5. Ca. 6. Ca. 13. Ca. 14. Ca. 29. Ca. 37. Ca. 38. Ca. 45. Ca. 48. Exposition of the Statute of Glocester . Ca. 4. Ca. 5. Ca. 6. Walsingham , Hist. E. 1. 75. & 76. Ca. 2. Ca. 3. Ca. 4. Ca. 6. Ca. 7. Ca. 8. Ca. 9. Ca. 10. Ca. 11. Ca. 12. Ca. 13. Ca. 14. Ca. 15. Ca. 16. Ca. 17. Ca. 18. Ca. 19. Ca. 20. 33. F. 1. 〈◊〉 . 〈◊〉 . Ca. 3. Ca. 4. Ca 5. Ca. 6. Ca. 2. Ca. 3. Ca. 4. Dr. Brady in his Answer to Mr. Petit● Essential and Constituent Rights of the House of Commons in Parliament . fo . 117. Et ro . 10. E. 1. Ro. Scotiae & abinde ad 19. E. 1. Ro. Scutag . 31. E. 1. m. 2. Dugdales Origines Juridic . & Catalog . Justic. Leges Anglo-Saxoniae translatae per Abrah●● 〈◊〉 Whilocu● . Brompton legibus S ●icis . Ch 〈…〉 Li●hfielden . LL. Gulielmi Conquest . In Bag● de Quo Warranto & in R 〈…〉 l. extract de vereditis Civit. London pro Rege tempore E. 1. 3. E. 1. ca. 39 Cokes 4th Institutes ca. 55. & tit . Parliament . fo . 6. Elsiugs ancient and present manner of h●lding Parliaments . ca. 1. 57. Cromptous Jurisdictien of Courts . 11. Pryns brevia Parliamentaria redi viva . 145. & 148. Daltou● officium Vicecomitum . 417. 〈◊〉 Cokes 4 pars Instituts 〈◊〉 . parliament . Dier fo . 6● . Plowdens Com ment in the Case of the Earl of Leicester . Register of Writs . 177. Register of Writs . Fitz-Herberts nat . bre . 170. E. 1. 3. Articuli Cle. 2. & 25. Register of Writs in the Case of an Abbot . 294. Burnetts hist. of the reformation of the Church of England . 1. part . 11. Ro. Claus. 4. E. 3. Fitz-Herberts natura brevium . 170. Elsings ancient & present manner of holding Parliaments in England . Ca. 1. 65. 66. Ro. Claus. 7. R. 2. in dorso . m. 32. Ro. Claus. 7. R. 2. 28. Register of Writs 177. & 178. 1. 〈◊〉 . 1. Ro. Claus. 1. part . Claus 36. E. 3. m. 2. & 3. in dorso . Pryns 4 part Regist. of Parliamentary Writs 259. 260. & 261. Idem in his Plea for the House of Lords 394. & 395. Sir Robert Filmers Patriarcha or the natural power of Kings . p. 60. Pryn's brevia Parliamentaria rediviva . 223. 224. 225. 2●6 . 〈◊〉 §. 8. Pryn's brevia Parliamentar . rediviva . 226. 227. Crompton's Jurisdiction of Courts tit . Parliament . Pryn's brevia Parliamentar . rediviva . 64. & 229. 265. Ro. Parl. 4. 5. 36. E. 3. Pryn's bre 〈…〉 Parliament●ria rediviva . 152. 153. 154. Pryn's brevia Parliamentarrediviva . 28. & 143. Pryn's brevia Parliamentar . 315. Pryn's brevia Parliament●● . rediviva . 227. 305. Pryn's brevia parl . rediviva . Ro. parl . 18. E. 3. 5. R. 2. ca. 4. Cokes 4th institutes . 6. H. 8. ca. 16. 1. El. 1. ca. 5. El. 1. 3. Jac. Ro. parl . 4. E. 3. & passim in regnis subsequentium regum 40. E. 3. & Essings manner of holding Parliaments . 213. Pryns animadversions upou Cokes . 4 institutes tst . Parliament . Ms. of Mr. Noy . Cokes 4 〈…〉 institutes . Elsings ancient and modern way of holding Parliaments in England . 22. 227. 233. Pryn's brevia parl . rediviva . 240. Pryn's 1 part of Historical Collections of the ancient Parliament of England . 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Mat. Paris . Mr Dryden in the Vindication of his Parallel betwixt the French Holy League & the Eng● . League and Covenant . F. 13. Pryns animadversions upon the 4th instit . tit . Parliament . 9. & 10. Chron. Abb. Sci. Petri. Glouc. 115. in bib . Cotton . 148. Ro. parl . 9. H. 4. m. 8. n 21. Ro. parl . 13. H. 4. m. 1. & Pryn in his 4 part of the abridgment of Parl. Waits . 574. Elsings ancient and modern way of holding Parliaments in England . 74. Littletons Tenures . Sir John Fernes glory of generosity . 77. 78. 79. Idem ib. 216. 217. Claudius Ctareus de militibus . Elsing's antient and modern way of holding Parliaments in England . 84. and 85. Ingulphi historia 486. 487. 488. Dugdales Monasticon , Tom. 1. 16. Seldeni notae & Spicilegium ad E 〈…〉 155. & 160. Mat. Paris addocta●ent . 241. Seldens tit . Honour . 689. & 690. Seldens title of Honour . 607. Cokes 1. part instit ca. 10. tit . Attornment . Ro. & 27. E. 1. Walsingham Hist. Angl. E. 〈◊〉 . Dugdales Baronage . Ro. Parl. 2. H. 5. m. 10. and Dr. Bradys answer to Mr. Pettits Book that the House of Commons is an Essential part of the Parliament . Du Fresne glossar . Tom. 1. Ro. Claus. 45. L. 3. m. 22. Dorso 2. parts of Mr Pryns register of Parliament Writs and 4th part of a brief Register of Parliament Writs 288. 289. Ro. Parl. 13. E. 3. Cokes 4. part institutes 14. Ro. Parl. 43. E. 3. 〈◊〉 . 7. Varsev●●us de Concili● . Martinius . Martinius & Calvin in 〈◊〉 Leuis Philologi● Bracton . Martinius . Cokes lib 4. institutes . Salamonius de not . gent. Bornitius lib. 5. ca. 1. Novel . 8. ca. 10. §. 2. In epist. ad Roman . ●omil . 23. Zechius de principat ad ministriont . Bodin de Rep. 16. Zanzini de Recanati de Monarchi de France . Pryns brevia Parliamentar . rediviva . 377. & 378. Pryns brevia Parliamentar . rediviva . 256. 27. E. 1. m. 3. ro . claus . Ro. claus . 27. E. 1. m. 16. in dorso . Elsing's ancient & present manner of holding Parliaments in England . 9. 33. E. 1. m. 12. & 21. ro . claus . in dorso . 34. E. 1. ro . claus . in dorso . 35. E. 1. ro . claus . m. 13. in dorso . Ro. claus . 1. E. 2. m. 19. in dorso . 7. E. 2. claus . in dorso . m. 25. 〈◊〉 . E. 2. ●● . 35. claus . dorso . 18. E. 2. 〈◊〉 . in dors . 〈◊〉 . 15. 20. E. 2. m. 4. ro . claus . in dors . Pryns 4 part of the Register for Parliament Writs . 309. 318. 4. E. 3. m. 22. claus . in dors . 5. E. 3. claus . m. 21. in dorso . Ro. claus . 〈◊〉 . E. 2. m. 26. in dorso . 6. E. 3. m. 9. in dors . ro . claus . Ro. Claus. 6. E. 3. m. 2. in dorso . 6. E. 3. N. 7. Elsing's ancient & present manner of holding Parliaments in England . Pryns brevia Parliamentar . rediviva . 382. Pryns brevia Parl. 388. Elsings ancicient and modern manner of holding Parliaments in England . Elsing 174. & Mat. Parker antiquitates Ecclesia Britanniae . Ro. claus . 16. E. 3. m. 13 , parte 2 , Ro. claus . 18. E. 3. parte prima . m. 14. in dorso . Pryns brevia Parliamentar . rediviva . 143. 144. 146. 148. 150. 166. 231. 360. 20. E. 3. n. 1● Ro. claus . 21. E. 3. parte 2. m. 9. in dorso . Ro. parl . 21. E. 3. Ro. claus . 24. E. 3. m. 3. In Bundell brium . 26 E. 3. Pryns brevia Parliamentar . Pryns brevia Parliamentar . rediviva . 369. Ro pat . 42. E. 3. part 1. m. 8. E. 〈◊〉 . 2 Elsings ancient and modern manner of holding Parliaments in England . 100. 101. 102. 107. Pryns 4 part of the Register for Parliament Writs . 28● . Ro claus . 46 E. 3. m. 10. in dorso Pryns 4 part of a Register of Parliament Writs . Claus 50. E 3. m. 3. in dors . part . 2. Ro parl . 50 E. 3. Elsing's ancient and present manner of holding Parliaments in England . 128. Ro. parl . 1. R. 2. N. 137. Ro. parl . 2. R. 2. Ro. parl . 5. R. 〈◊〉 . N. 1. 37. 64. 65. Pryns 4 part of the Register of Parliament Writs 354. 30 E. 1. & 5. R. 2. Elsings ancient and modern manner of holding Parliaments on England . 〈◊〉 . 60. 61. 25. H. 6. Elsing's ancient and present manner of holding Parliaments . 7. H. 8. Elsings manner of ancient and present Parliaments in England 94. & 95. Idem ibidem . 96. 97. 98. Elsings ancient and present manner of bolding Parliaments in England . 104. 105. 106. 107. 111. 112. and 113. Ro. claus . 10. E. 3. M. 1. & 5. in dorso . Dugdales Origines Juridiciales . Sr John Pettus Collections . 5. Eliz. ca. 1. & 1. Eliz. ca. 1. Oath of Supremacy . Oath of Allegiance . Journalls of the 4 last parliaments of Q. Elizabeth Collected by Heywood Townshend a Mem 〈…〉 thereof . Idem ibidem . 24. & 25. Fo. 35. 37. & 38. Idem ibidem . 40. 4● . Idem ibidem . 49. 54. 62. 63. P. 91. 93. 94. 95. 101. Ibidem . 127. Idem ibidem fol. 19● . Idem 〈◊〉 〈◊〉 . Idem ibidem fal . 258. & 29● . Compton's Jurisdiction of C●●rts tit . Parliament . P. 298 , 299. P. 324 , 326. P. 329. P. 330. 321. and 322. M. S. of Mr. William Noy , the learned Attorney General of King Charles the first . Ro. Parl. 20 H. 3. n. 11. Ro. Parl. 22 E. 3. n. 30. Ro. Parl. 25. E. 3. n. 39. Ro. Parl 20 E. 3. n. 11. Ro. Parl. 21 E. 3. n. 4. & 5. Ro. 22 E. 3. n. 4. & 15. Ro. Parl. 29 E. 3. n. 10. & 11. Ro. Parl. 42 E. 3. n. 8. & 9. Ro. Parl. 43 E. 3. n. 10. Ro. Parl. 47 E. 3. n. 4. Ro. Parl. 22 E. 3. n. 30. Ro. Parl. 28 E. 3. n. 27. Ro. Par. 2 R. 〈◊〉 . n. 58. Ro. Parl. 20 E. 3. n. 11. Ro. Parl. 27 E. 3. n. 9. Ro. Parl. 〈◊〉 E. 〈◊〉 . 〈◊〉 . 〈◊〉 . Ro. Parl. 15 E. 3. n. 17. 26. Ro. Parl. 17 E. 3. n. 52. Ro. Parl. 1● . E. 3. n. 32. Ro. Parl. 18. E. 3. n. 11. Ro. Parl. 20. E. 3. n. 33. 35. & 38. Ro. Parl. 21. E. 3. n. 63. Ro. Parl. 21. n. 3. Ro. Parl. 25. E. 3. n. 27. 28. 30. Ro. Parl. 25. E. 3. n. 27. Ro. Parl. 〈◊〉 . E. 3. n. 〈◊〉 . Ro. Parl. 〈◊〉 . E. 3. n. 〈◊〉 . Ro. Parl. 〈◊〉 . E. 3. n. 〈◊〉 . Ro. Parl. 4● . E. 3. n. 27. Ro. Parl. 4● . E. 3. Ro. Parl. 2. R. 2. n. 74. 2. H. 4. n. 55. 47. 37. Ro. Parl. 2. H. 5. 〈◊〉 . 38 & 37. Ro. Parl. 2. H. 6. n. 12. Ro. Parl. 12 R. 2. n. 44. 4. 〈◊〉 . 11. 〈◊〉 45. Ro. 17. E. 3. n. 52. Ro. Parl. 11. H. 4. n. 28. 63. Ro. Parl. 13. H. 4. n. 49. Ro. Parl. 21. E. 3. n. 7. Ro. Parl. 14. E. 3. n 6. 23. Ro. Parl. 45. E. 3. n. 8. 13. 42. Ro. Parl. 47. E. 3. n. 1. Ro. Parl. 20. E. 3. n. 43. and 22. Ro. Parl. 21. E. 3. n. 9. Ro. Parl. 21. E. 3. n. 36. 50. and 59. Ro. Parl. 22. E. 3. n. 13. Ro. Parl. 25. E. 3. n. 37. Ro. Parl. 21. E. 3. n. 21. Ro. Parl. 13. E. 3. n. 〈◊〉 . Ro. Parl. 37. E. 3. n. 33. Ro. Parl. 45. E. 3. n. 29. Ro. Parl. 50. E. 3. n. 123. Ro. Parl. 51. E. 3. n 22 , 23. Ro. Parl. 11. H. 4. n. 28. Ro. Parl. 11. H. 4. n. 63. Ro. Parl. 15. E. 3. n. 114. & 40. Ro. Parl. 21. E. 3 n. 8. 〈◊〉 9 E. 3. Ro. Parl. E. 3. Ro. Claus. 5 E. 3. m. 2. indors . Ro. Parl. 21. E. 3. n. 13. Ro. Parl. 21. E. 3. n. 47. Ro. Parl. 22. E. 3. n. 20. and 21. Ro Parl. 4● E 3. n 24 , 25. Ro. Parl. 18. E. 3. in dors . n. 49. Ro. Parl. 4. H. 4. n. 95. Ro. Parl. 5. H. 4. n. 22. Ro. Claus. 12. E. 2. m. 5. Ro. Parl. 18. E. 3. Ro. Parl. 2. H. 4. n. 48. Ro. Parl. 25. E. 3. m. Ro. Parl. 37. E. 3. m. 34. & cap. 16. Ro. Parl. 41. E. 3. & 51. E. 3. m. 5. & 1. R. 2. Pryns fourth part of Parliament Writs , 508. 510. 512. 513. ibid. 329 , 330 , 490 , 491 Ro. Parl. 1 R. 2. Re 〈…〉 of Writs , and Pryns fourth part of Parliament Writs , 431 , 432. 52 H. 3. c. 10. Considerations touching Laws positive and of necessity . Martinius . Budaeus . Ro. Pat. 12. R. 2. parte 2. in dorso . Pryns Animadversions upon Cokes 4 Institutes , 332 , 333 , 643 , 647 , 1199 , 1200. Cromptons Jurisdiction of Parliament . Marsellaer de Legatis . Camdens Annals of Queen Elizabeth . Tempore H. 4. Selden tit . honor . Cromptons Jurisdiction of Courts , tit . Parliament . Cokes twelve Reports in the Countess of Shrewsbury's Case . Ob Countess of Ri in his 6th Report . Ro. Parl. 13. E. 3. Cooks fourth part of Institutes , tit . Parl. Ll. Canuti . Ll. Edwardi Co 〈…〉 or , p. 19. Ll. H. 1. Rot. Claus. 5. E. 2. in dorso , 〈◊〉 . 15 ▪ Mat. Paris . Ro. Claus. 16. H 3 m 4. & 3. Ro Patent 17 H ▪ 〈◊〉 . m ▪ 11. 〈◊〉 . Ro. Claus. 35 H 3 n. 6. ●at . Paris . Rot. pat . 50. E. 3. Rot. pat . 51. E. 3. Rot. Claus. 51. E. 3. Rot. pat . 1 H. 4. Rot. pat . 15. E. 3. Rot. pat . 5. H. 4. Rot. pat . 9. H. 4. Rot. pat . 38. H. 6. Exect Collection of Remonstrances , Declarations and Messages betwixt his late Majesty and the Parliament , Printed by Order of the Commons in Parliament , 24. March , 1642. Ll. Caruti . Rot. Parl. 21 R. 2. Pryns 4 part of his Register of Parliament Writs . Pryns Animad . upon Cokes 4 Instit. Rot. Parl. Cokes Institutes . Cokes 4 part of the Institutes . Tit. Parliament . Rot. parl . 7 E. 1. Ll. Canuti , 16 Ll. Inae , 6. 1 H. 4. cap. 14. Rot. Parl. 28. H. 6. n. 16 , 17. Rot Parl. 5. E. 3. n. 8. 22 R. 2. In the Abridgment of the Parliament Records in English said to be done by Sir Robert Cotton . Rot. Parl. 1 H. 4. n. 109. 111. Rot. Parl. 5 E. 3. n. 17. Rot. Parl. 4. E. 3. n. 16. Rot Parl. 5. E. 3. Rot. parl . at . R. 2. Esther , ca. 1 , 3 , 5 , 8. 1 Reg. 3. Bracton . Cokes Instit. 2. 315. Tenenda non Tollenda per Fabian Philipps . Miscalled Recompence per eundem . Ligeancia Lugens pereundem . Mr. Francis Moores Reports , Richards Case . 764. F. de Admin . Cod. de pre . imposs . Cit. de Legibus different . Reinoldus Curicke de privilegiis , ca. 3 , 45. & 46. ca. 4 , 52. & 53. R. de Caricke ca privilegiis . Dr. Brady in his History of England , from the first Entry of the Romans until the Raign of King Henry the third , and Lambart L L. Edwardi Confessor . 12. Esiber cap. 1. 3. 5. 8. 8. H. 6. Elsings anuncient and modern manner of holding Parliaments in Ergland . 172. 39 H. 6. 31 H. 6. Ro. Parl. Cokes 4th . part Institutes tit . Parliament . 39 H. 6. n. 9. 12 E. 4. n. 55. 17 E. 4. Anno 28. & 29. H. 8. §. 18. 34 H. 8. Comptons Jurisdiction of Courts Tit. Parliament . 8 Eliz. in the Journal of the House of Commons . Et Elsings Annaent , and modern manner of holding Parliaments in England 199 , 200 , 201. & Pryns Animadversions upon Sir Edward Cokes 4th part of the Institutes . Brodon de Legibus & Consuetudinibus Angliae . 34 E. 1. cap. 1. Cap. 5. Sir John Davies concerning the Kings Customs , and the Statute de Tallagio non concedendo . Rot. Parl. 21 E. 3. Eginard en la vie de Charlemaigne . 25 E. 1 ca. 4. Eginard en la vie de Charlemaine . 1 R. 3. ca. 2. 3 Car. p 〈…〉 i. Perot . Scalig. lib. 4. Poetic . Donatuc . D. lib. tit . 1. 4. and in Instit. lib. 1. tit . 5. L. F. de Statum bom . § 1. Lib. 〈◊〉 tit . 17. Leg. 4. F. de usu fruct . pe● l. 4. Seneca . M●●ti●ii Lexicon . 〈◊〉 〈◊〉 . Du Fr●s●● . Gibie●● de Libertate Dei & Creaturae . Reynoldus Curick de Privilegiis , p. 22. Iudem , cap. 4. p. 52. & 53. & ●1 . 24 H. 8. ca. 10. Sir John Spelman in vita Aelferdi Regis . Et Mat. Paris . L. L. Canuti . 9 H. 3. ca. 11. Ro. Parl. 18 E. 3. Ro. Parl. 20 E. 3. Ro. Parl. 21 E. 3. Ro. Parl 22 E. 3. Ro. Parl. 8 E. 3. Ro. Parl. 15 E. 3. Ro. Parl. 17 E. 3. Ro. Parl. 25 E. 3. Ro. Parl. 45 E. 3. 1 Reg. ca. 3. v. 6 , 8 , 9. L. L. Canuti . Ro. Claus. Johannis . Selden . dissert . ad Fletam & Fleta , ca. 13. 18 E. 3. L. L. Canuti 16. Pryns Collection of the Ancient Parliaments . Seldeni notae in histor . Eadmeri . Sir John Spelman in viea ●●redi Regis . A ●ales Eginard 〈…〉 〈◊〉 de 〈◊〉 〈◊〉 A 〈…〉 〈◊〉 , p 〈…〉 765. 736. & 64. Ro. Parl. 4. E 3. Pryns Collection of the Ancient Parliaments . 9 H. 2. Daniel in the Life of King H. 2. 20 H. 2. 33 H. 2. Daniel ibidem 110. Walsingham Ypodigm . Neustriae . Hovedon parte posteriore . Mat. Paris 247. Mat. Paris & Daniel in the Life of King Henry 3. Mat. Paris . 5 E. 2. 〈◊〉 . 17. Ro. Claus. dors . 18 E. 2. Ro. Claus. in dors . m. 15. Exodus ca. 12 & ca. 19. Ibidem ca. 18. Elsings Ancient and Present manner of holding Parliaments in England . 4. E. 3. ca. 19. 36 E. 3. ca. 10. Ro. Parl. 50. E. 3. & 1 R. 2. 6 E. 3. 13 E. 3. 20 E. 3. 21 E. 3. 25 E. 3. 〈◊〉 . E. 3. 〈◊〉 ▪ E. 3. 〈◊〉 E. 3. R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. H. 8. E. 6. Mar. Eliz. Jac. Car. 1. Exact Collection of Proceedings in the Parliament from the 3d. of November 1640. until the Moneth of June 1641 16 Car. 1. Spelmanni Glossar . Du Fresne Glossar . 52 H. 3. ca. 10 Cokes 4th part Institutes . Walsingham Hypodigma Neustriae in vita E. 1. & Ro. Parl. C 〈…〉 s 3d part Institutes . 19 R. 2. Aitzema's Re volutions of the United Provinces . Mr. William Pryn. Cokes 4th part Institutes . Walsingham Hist. E. 2. p. 97. Walsingham in Histor. E. 1. 71. Cromptons Jurisdiction of Courts . tit . Parliament . The Kings Answer to the Parliament 〈◊〉 in 〈◊〉 , Col 〈…〉 tions . Pryns Preface to the exact of the ●ecord , in the . Cromptons Jurisdictions of Courts , and Cokes 4 Institutes . Republick of Venice . Seldens Titles of Honour . Ro. Parl. 6. E. 3. 8. E. 3. Dr. Brady in his History of England , from the Roman , British , Saxon , Danish and Norman times , until 49 H. 3. 14 E. 3. Ro. Parl. 15. E. 3. 4 R. 2. H. 4. 9. H 4. Ro. Parl. 5. H. 5. 1 H. 6. 4 H. 6. 6 H. 6. 9 H. 6. 11 H. 6. 18 H. 6. 24 H. 6. 25 H. 6. 28 H. 6. 29 H. 6. 33 H. 6. 38 H. 6. 1 E. 4 E. 4. 14 E. 4. 15 E. 3. 17 E. 3. Ro. Parl. 20. E. 3. Ro. Parl. 40. E. 3. n. 16. 42 E. 3 n. 7. & 8. Ro. Parl. 4. R. 2. Ro. Parl. 6. R. 2. Chroms Litchfield . L. L. Edward Confessors . Rushworths Historical Collections , or Pryns confuted modus 〈◊〉 Parliament . Selden tit . honor . part . 2. pag. 613. Pryns confutation of that 〈…〉 dus p. 601. Heywo●d Town●send Reports of the four last years of Queen Elizabeths Raign . Ro. Parl. 11 H. 6. Ro. Parl. 11. & 12 H. 6. m. 11. Declaratio Ordinum Hollandie & West-Frisi● , Printed at Leyden , 1655. Spelman . Glossar . Dr. Brady in his History of those times . Pryns confutation of the fabulous modus tenendi Parliamentum in his brief Register of Parliament Writs . L. L. Edwardi Confessor . Dr. Brady's compleat History of England until the end of the Raign of King Henry the third p. 594. & 610. Livy . Tacitus in vita Agricolae . L. L. Aluredi . L. L. Edwardi Regis . Dr. Brady's History of England , p. 610. & 611. Ro. Parl. 11 R. 2. Rushworths Historical Collections . Reynoldus Curick . Du Fresne glossar . Gibieuf de libertate dei & Creatur . Ro. Parl. Dr. Brady's History of England & Quadilogus Plutarch in v●●a Solonis Petrus Cunaeus de Republica H 〈…〉 m LL. Athelstani Dr. Brady's History of England . Seldens tit . Honor . Mat. Paris . Dr. Bradys History of England p. 457. Ro. pat . 17. Johann . m. 20. dors Ro. pat . 17. Johannis m. 23. in Dors. Pryns 4th part of the Register of Parliamentary Writs . Ro. Parl. 1 E. 4. Petition of the Lords and Commons to his Majesty at Hampton Court 14th of December 1641. Petition to the House of Commons . Husbands Collections of Proceedings in Parliament Pryns Soveraignty of Parliaments . John Whites Politick Catechism . Henr. de Bracton in pro●●io . 7 E. 1. The 19 Propositions sent unto the King the 2d of June 1642. Rushworths Historical Collections . Genesis ca. 41. v. 43. Esther ca. 6. v. 8 , 9. Copy of the Bill of Exclusion in the paper seized in the Earl of Shaftsbury's Closet in Anno 1681. Animadversions on a Book called the Theory of the Earth . Dr. Brady in the History of King Henry the third . Hookers Ecclesiastical Policy , & Isaack Walton in vita ●jasdem . Mat. Paris . LL. Edwardi Confessor . & Chronicon L●●●●f●ilde●s . Custum●s de B●●taigne ●n F●●ncep . 136. 137. 8● 138. 
A29737	----	A chronicle of the Kings of England, from the time of the Romans goverment [sic] unto the raigne of our soveraigne lord, King Charles containing all passages of state or church, with all other observations proper for a chronicle / faithfully collected out of authours ancient and moderne, & digested into a new method ; by Sr. R. Baker, Knight. Baker, Richard, Sir, 1568-1645. 1643 Approx. 2700 KB of XML-encoded text transcribed from 315 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A29737 Wing B501 ESTC R4846 12021202 ocm 12021202 52616 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29737) Transcribed from: (Early English Books Online ; image set 52616) Images scanned from microfilm: (Early English books, 1641-1700 ; 81:3) A chronicle of the Kings of England, from the time of the Romans goverment [sic] unto the raigne of our soveraigne lord, King Charles containing all passages of state or church, with all other observations proper for a chronicle / faithfully collected out of authours ancient and moderne, & digested into a new method ; by Sr. R. Baker, Knight. Baker, Richard, Sir, 1568-1645. [13], 181, 163, 108, 163 p. : port. Printed for Daniel Frere ..., London : 1643. Engraved t.p. by William Marshall. Reproduction of original in British Library. Imperfect: lacks all following p. 163 at end (index and errata) Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History. Great Britain -- Kings and rulers. 2002-04 TCP Assigned for keying and markup 2002-05 SPi Global Keyed and coded from ProQuest page images 2002-06 Mona Logarbo Sampled and proofread 2002-06 Mona Logarbo Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion VERA EFFIGIES EXCELLENTISSIMI PRINCIPIS CAROLI MAG . BRITAN : FRAN. & HIBERNIAE . HAEREDIS . Viuat ô Viuat Princeps CAROLINUS , et Orbi . Imperet , in̄umeris decorans sua sêcla Triumphis . Flourish braue Prince , out shine thy Glorious Name . Triumphant Laurels ever Crowne thy Fame . CAROLUS inter Reges ut Lilium inter Flores VEROLAM . LINCO●●● LONDON . YORK . A ROMAN A SAXON A DANE A NO●●●● CHRONICLE OF THE KINGS OF ENGLAND From the Time of the ROMANS Goverment unto the Raigne of our Soveraigne LORD KING CHARLES . Containing all Passages of State & Church , With all other Observations proper for a CHRONICLE . Faithfully Collected out of Authours Ancient and Moderne ; & digested into a new Method . By Sr R. Baker , Knight . LONDON , Printed for Daniel Frere , and are to be sold at his Shop , at the Red Bull in Little Brittaine . 1643. To the High and Mighty Prince CHARLES , Prince of Wales , and Duke of Cornewall : Eldest Sonne of our Soveraigne Lord , CHARLES , King of Great Britaine , France , and IRELAND . SIR , THE Dedication of Chronicles hath in all times been thought worthy of the greatest Princes : Gulielmus Gemiticensis writ a Chronicle of the Dukes of Normandy , and Dedicated it to William the Conquerour . Thomas Walsingham writ a Chronicle of the Kings of England , and Dedicated it to King Henry the sixth : And of late time , Sir Francis Bacon , Viscount Saint Albans , and Lord Chancellour of England , writ a History of the Reigne of King Henry the seventh , and Dedicated it to Your Royall Grand-Father of blessed memory , King Iames : For indeed , as nothing makes Princes more Illustrious then Learning ; So no Learning makes them more Judicious then History ; Other Learning may fill their mindes with knowledge ; This onely with Judgement : And seeing it is Judgement that must sit as President over all their Actions , it is fit that History should sit as President over all their Studies . History gives an Antedate to Time ; and brings Experience without gray haires : Other Knowledges make You but see Quod antepedes est ; History is the true perspective Glasse , that will make You see things afarre off : And though it make not men to become Prophets , yet it makes their conjectures to be little lesse then Oracles● But most Illustrious Prince , there accrues to your Highnesse , by this Chronicle , a greater benefit then all this ; For if it were an Excitation of great force to vertue , to have it said , Et Pater Aeneas & Avunculus excitet Hector ; of how great Force must it needes be , when You shall reade the Noble Acts of so many your worthy Progenitors ; Some Eternized for their valourous Atchievements in Warre : Some for their prudent government in Peace : Some Renowned for Mercy , some for Justice : And although the Example of your Royall Father be not amongst them , yet it may be sufficient that while you have the Acts of others upon Record , you have his under View , by which he seemes to say unto you , Disce Puer virtutem exme , verumque laborem ; Fortunam ex aliis . And if in any of your Progenitors , there appeare , as it were Maculae in Orbe Lunae , will it not invite you to a higher Orbe , that Your Actions may shine with the clearer Beames ? and then how happy will the eyes be , that shall see you sitting in your Throne ? For my selfe , I should account it happinesse enough , that I have lived to see the dayes of your Illustrious Father ; if it were not a great unhappines to see them overcast with clouds ; & yet when these clouds shal be dispel'd , will it not make him shine with the greater Splendor ? And this as old as I am , I doubt not to live my selfe to see , and having once seene it , shal then willingly say my Nunc Dimittis , and l●ave the joy of your glorious times for another Age : In the meane time prostrating my self humbly at your feet ; and wishing to your Highnesse , as D●iphobus did to Aeneas ; — I Decus , I Nostrum , Melioribus utere Fatis . Your most humble and most devoted Servant , RICHARD BAKER . An Epistle to the READER . THis Booke , I suppose will no sooner come abroad ; but the question will be asked , why any man would take so superfluous a Labour , to write that which hath been written by so many ; by some so copiously , by some so elegantly , that nothing can be added : To which Objection , I confesse my selfe unable to make a better Answer then by President : For when many excellent men had written the Story of the Roman Emperours , both accurately and eloquently ; yet Suetonius Tranquillus comming after them , wanted not his part of Commendation . For though he added nothing in the matter or substance , yet be altered much in the forme and disposition , distinguishing that into Classes and Chapters , which the former had delivered in one continued Narration : as being both lesse tedious to the Reader , like a way marked out by Miles ; and more plainly Informing , where Distinction tooke away confusion . Besides , many have Written the Reignes of our English Kings , copiously indeed , but so superfluously , that much may justly be pared away ; Some againe Elegantly indeed , but so succinctly , that much as justly may be added : And this , if I have endevoured to doe , I cannot be blamed ; If done it , I deserve acceptance . Againe , where many have written the Reignes of some of our Kings , excellently as in the way of History , yet I may say they have not done it so well in the way of Chronicle ; For whilst they insist wholly upon matters of State , they wholly omit meaner Accidents , which yet are Materials as proper for a Chronicle , as the other . For my selfe , if in some places I be found to set downe whole passages , as they are already set downe by others , and may seeme rather to transcribe then to write ; yet this I suppose may be excused , as being all of one common stocke ; and no matter from whence the water comes , so it come cleane to the Readers use . Lastly , for the Worke it selfe ; I dare be bold to say , that it hath beene Collected out of Authours both Ancient and Moderne , with so great care and diligence , that if all other Chronicles should be lost , yet this onely would be sufficient to informe Posterity of all passages memorable or worthy to be knowne ; which of any other generall Chronicle , cannot perhaps be said . RICHARD BAKER . A CATALOGVE OF VVRITERS , BOTH ANCIENT AND MODERNE , Out of whom this CHRONICLE hath beene Collected . 1 GIldas Britannicus , surnamed the Wise , was the first writer of our English Nation ; who amongst other his Workes ; writ a Treatise De Excidio Britanniae , He was borne in the year 493. and dyed in the yeare 580. 2 Nennius a Monke of Bangor , writ the Story of Britaine , and lived about the yeare 620. 3 Venerable Bede , a Saxon and a Priest , writ the Ecclesiasticall Story of the English Nation , from the comming in of Julius Caesar , to the yeare 733. about which time he dyed . 4 Ethelwardus , a writer next to Bede the most ancient , writ a generall Chronicle from the Creation to the end of King Edgar . 5 Radulphus de Diceto , who lived about the yeare 685. 6 Segebert King of the East Angles , writ an Institution of Lawes , in his later dayes became a Monke , and was slaine by Penda King of the Mercians , in the yeare 652. 7 Cymbertus Bishop of Lindsey , in the kingdome of Mercia , writ the Annals of that Country , & lived about the yeare 730 8 Daniel Wentanus a Bishop , writ the History of his Province : and the Acts of the South Saxons , and dyed in the yeare 746. 9 Asserius Menevensis , borne in Pembrokeshire , Bishop of Salisbury , writ the Story of Britaine , and the Acts of King Alphred , and lived about the yeare 890. 10 Alphredus the great , King of the Angles , ●ourth sonne of King Ethelwolph ; writ , besides many other workes , a Collection of Chronicles , and dyed at Winchester in the yeare 901. 11 Osbernus a Benedictine Monke , writ the life of the Arch-bishop Dunstan , and other workes : and lived about the yeare 1020. 12 Colman●us Anglicus , writ a Chronicle and a Catalogue of the English Kings , and lived about the yeare 1040. in the time of King Harold the first . 13 Gulielmus Gemeticensis , a Norman and a Monke , writ the lives of the Dukes of Normandy , to William the Conqueror , to whom he Dedicated his Worke : and after enlarged it to the death of King Henry the first , in the yeare 1135. at which time he lived . 14 Marianus Scotus a Monke , writ Annals from the beginning of the world to his own time , and dyed in the yeare 1086. 15 Alphredus a Priest of Beverly , writ a History , from the first Originall of the Britaine 's to his owne time , and lived about the yeare 1087. in the time of William the Conquerour . 16 Veremundus a Spaniard , and a Priest , but who lived much in Scotland , writ the Antiquities of the Scottish Nation , and lived about the yeare 1090. 17 Lucianus a Monke , and an English writer , and lived in the first times of the Normans . 18 Ingulphus Abbot of Croyland , writ from the yeare 664. to the yeare 1066. and lived in the time of William the Conquerour , whose Secretary he had beene . 19 Turgotus an Englishman , first Deane of Durham , and afterward Bishop of Saint Andrewes in Scotland , writ a History of the Kings of Scotland , also Chronicles of Durham , Annals of his own time , and the life of King Malcolm , and lived in the yeare 1098. in the time of King William Rufus . 20 G●lielmus Pictaviensis , writ a Treatise of the Life of William the Conquerour . 21 Gualterus Mappaeus , writ a Booke , De Nugis Curialium , and lived about the Conquerours time . 22 William of Malmesbury , a Benedictine Monke , writ a History of the English Nation , from the first comming of the Saxons into Britaine , to his owne time , which Worke he Dedicated to Robert Duke of Glocester , base Sonne of King Henry the First , and lived to the first yeares of King Henry the Second . 23 Florentius Bravonius , a Monke of Worcester , compiled a Chronicle from the Creation , to the yeare 1118. in which yeare he dyed ; his Worke was continued by another Monke to the yeare 1163. 24 Eadmerus a Monke of Canterbury , writ the lives of William the Conquerour , William Rufus , and King Henry the First , in whose time he lived . 25 Raradocus borne in Wales , writ the Acts of the Britaine Kings , from Cadwallader to his owne time , and lived in the time of King Stephen . 26 Gervasius Dorobernensis , a Benedictine Monke , writ a History of the English Nation , & lived about the yeare 1120 27 Johannes Fiberius commonly called De Bever , writ short Annals of the English Nation , and lived about the yeare 1110. in the time of King Henry the first . 28 Henry , Arch-deacon of Huntington , writ a History of the Kings of England , to the Reigne of King Stephen , in whose time he lived . 29 Geoffrey of Monmouth , a Benedictine Monke , and afterward Bishop of Asaph , writ a History of the Britaines , and was the first that makes mention of Brute and of Merlins Prophecies , for which he is much taxed by divers Authours of his owne time ; and after ; he lived about the yeare 1150. in the time of King Stephen . 30 William of Newborough , borne at the beginning of King Stephens Reigne , writ a History of the English Nation , and bitterly inveighes against Geoffrey of Monmouth , as a Deviser of Fables . 31 Sylvester Gyraldus , borne in Wales , and thereof called Cambrensis ; after long travaile abroad was called home , and made Secretary to King Henry the Second ; and after was sent Tutour to his Sonne John into Ireland ; he writ the History of that Nation very exquisitely ; also an Itinerarium of Wales and Britaine ; the Life of Henry the Second ; the Acts of King John , and a Chronicle of the English Nation , and lived about the yeare 1190. in the times of King Richard the First , and King John. 32 John of Hagulstad , a Towne in the North , a Benedictine Monke in Durham , writ the most memorable things , from the ninth yeare of King Henry the Second , to the first yeare of King Richard the first , in whose time he lived , about the yeare 1190. 33 Roger Hoveden , a Priest of Oxford , writ the Annals of the Kings of England , and the memorable passages under the Romans , Picts , Saxons , Danes , and Normans ; he lived in the time of King Richard the first , and dyed in the time of King John. 34 Johannes Tilberiensis , a secular Priest , writ a History of the English Nation ; and lived in the time of King Richard the first . 35 Richardus Canonicus , travelled with King Richard the first into Palestine ; and writ of his Iourney and Acts there . 36 Aluredus Rivallensis , or de Rivallis , a Cistersian Monke , in the Diocesse of Yorke , writ the Life of Edward King of England , and David King of Scots , and dyed in the yeare 1166. 37 Simon Dunelmensis , a Benedictine Monke , writ a History of the English Nation , from the death of Venerable Bede , to the yeare 1164. and lived in the time of King Henry the second . 38 John de Oxenford , first Deane of Salisbury , and after Bishop of Norwich , writ the British History , and continued it to his own time ; wherin he agreeth much with Geoffry of Monmouth ; and lived about the yeare 1174. in the tim● of King Henry the second . 39 Johannes Sarisberiensis , writ an excellent Book De Nugis Curialium ; and lived about the yeare 1182. in the time of King Henry the second . 40 Gulielmus Parvus , a Canon Regular in the Province of Yorke , writ a History of the Norman Kings ; and li●ed about the year● 1216. in the time of King John. 41 Johannes Campobellus , a Scotch man writte the History of the Scots , from the first Originall of the Nation to his owne time : and lived in the yeare 1260. 42 John Breton an Englishman , Bishop of Hereford , writ a Booke De Juribus Anglicanis , and lived in the yeare 1270. in the time of King Henry the third . 43 Thomas Wyke an Englishman , a Canon Regular of Osney neere Oxford , writ a short History from the comm●ng in of William the Conquerour to his owne time , and lived in the yeare 1290. in the time of King Edward the first . 44 Thomas Langford an Englishman , a Dominican Fryer of Chemsford in Essex , writ an Universall Chronicle , from the beginning of the world to his owne time , and lived in the yeare 1320. in the time of King Edward the second . 45 Radulphus de Rizeto an Englishman , writ a Chronicle of the English Nation , and lived about the yeare 1210. in the time of King John. 46 Robertus Montensis , a benedictine Monke , writ a Chronicle from the yeare 1112. to the yeare 1210. at which time he lived . 47 Johannes Burgensis an Englishman , a benedictine Monke , writ Annals of the English Nation . 48 Thomas Spot●ey an Englishman , a benedictine Fryer of Canterbury , writ the Chronicles of Canterbury , and lived about the time of King Edward the second . 49 Matthaeus Westmonasteriensis , called Florilegus , for collecting Flores Historiarum , chiefly of Bri●aine , containing from the beginning of the world to the yeare 1307. about which time he lived . 50 Ranulphus Higden , a benedictine Monke of Chester , writ a Booke which he called Polychronicon , containing from the beginning of the world to the sixteenth yeare of King Edward the third in whose time he lived . 51 Matthew Paris , a benedictine Monke of Saint Albans , writ a History , chiefly Ecclesiasticall , of the English Nation , from William the Conquerour , to the last yeare of King Henry the third , and lived about the time of King Edward the third . 52 William Pachenton an Englishman , writ a History of the English Nation , and lived about the tim● of King Edward the third . 53 Bartholmeus Anglicus , a Franciscan Fryer , writ a Booke Intituled De Proprietatibus rerum , and a Chronicle of the Scots , and lived in the yeare 1360. in the time of King Edward the third . 54 Nicholas Trivet , borne in Norfolke , of a worshipfull Family , became a Domidican Fryer , writ many excellent workes in Divinity and Philosophy ; also Annals of the English Kings , from King Stephen , to King Edward the second , and lived in the yeare 1307. in the time of King Edward the third . 55. Alexander Essebiensis Pryor of a Monastery of Regular Canons , writ divers learned workes , amongst other an Epitome of the British History : and lived in the yeare 1360. in the time of King Edward the third . 56 John Froyssart borne in the Low Countries , writ a Chronicle in the French tongue , containing seventy foure yeares ; Namely , beginning with King Edward the third , and ●nding with King Henry the fourth , in whose time he lived ; whose Chronicle , Sir John Bourchier knight translated into English , and John Sleyden a French man hath lately contracted into an Epitome . 57 Thomas de la Moore , borne in Glocestershire , in the time of King Edward the first , by whom as having twenty pounds land , holden by knights service , he was made a Knight , and afterward being very inward with King Edward the second , writ a History of his life and death . 58 Thomas Rodbourne an Englishman , and a Bishop , writ a Chronicle of his Nation , and lived in the yeare 1412. in the time of King Henry the fourth . 59 John Trevisa borne in Glocestershire , a Priest , translated Polychronicon into English , adding to it an Eighth Book , Intituled De Memorabilibus eorum temporum , containing from the yeare 1342. to the yeare 1460. He writ also of the Acts of King Arthur , and Descriptions both of Britaine and Ireland , and lived in the time of King Edward the fourth . 60 John Harding a Gentleman of a good Family in the North , writ a Chronicle in verse , of the Kings of England , to the Reigne of King Edward the fourth ; wh●rein he all●dgeth many Records , which he had got in Scotland , that testifie the Scottish Kings submissions to the Kings of England he lived in the yeare 1448. in the time of King Henry the sixth . 61 John Capgrave , borne in Kent , an Hermit Fryer , writ many learned workes in Divinity , and a Catalogue of the English Saints , and lived in the yeare . 1464. in the time of King Edward the fourth . 62 John Lydgate , Monke of Saint Edmundsbury in Suffolke , writ divers workes in verse , and some in prose : as the lives of King Edward , and King Ethelstan , of the round Table of King Arthur , and lived in the yeare 1470. in the time of King Edward the fourth . 63 John Weathamstead , Abbot of Saint Albans , in his worke of English Affaires , accuseth Geoffrey of Monmouth , of meere Fabulousnesse , and lived about the yeare 1440. 64 Gulielmus Elphinston a Scotchman , Bishop of Aberdene , writ the Antiquiti●s of Scotland , and the Statutes of Councells , and lived in the yeare 1480. in the time of James the third King of Scotland . 65 George Buchanan a Scotchman , writ the story of Scotland from Fergusius , to Queene Mary , in whose time he lived . 66 William Caxton an Englishman , writ a Chronicle to the three and twentyeth yeare of King Edward the Fourth , which he cals Fructus Temporum : also a Description of Britaine , the life of Saint Edward , and the History of King Arthur , and lived in the yeare 1484. 67 Thomas Walsingham borne in Norfolke , a Benedictine Monke of Saint Albans , writ two Histories ; One shorter , the other larger ; the first beginning from the yeare 1273. and continued to the yeare 1423. The other , beginning at the comming in of the Normans , and continued to the beginning of King Henry the sixth , to whom he Dedicated his worke . 68 Robert Fabian a Sheriffe of London , writ a Concordance of Histories , from Brute the first King of the Britaines , to the last yeare of King Henry the second ; and another worke from King Richard the first , to King Henry the seventh , in whose time he lived . 69 Sir Thomas Moore borne in London , Lord Chancellour of England ; besides many other learned workes , writ the Life of King Richard the third ; and dyed for denying the Kings Supremacy , in the Reigne of King Henry the Eight , in the yeare 1535. 70 Hector Boethius a Scotchman , writ a Catalogue and History of the Kings of Scotland : also a Description of that kingdome , and lived in the yeare 1526. in the time of James the fifth , King of Scotland . 71 Polydor Virgill , an Italian , but made here in England Arch-deacon of Wells ; amongst other his learned workes , writ the History of England , from its first beginning , to the thirtyeth yeare of King Henry the Eighth , to whom he Dedicated his Worke. 72 Edward Hall a Lawyer , writ a Chronicle which he cals the Union of the two Roses , the Red and the White , containing from the beginning of King Henry the fourth , to the last yeare of King Henry the eighth , and dyed in the yeare 1547. 73 John Leland , a Londoner , amongst divers other workes , writ a Booke of the Antiquity of Britaine , and of the famous men and Bishops in it , and lived in the yeare 1546. in the time of King Henry the Eighth . 74 John Rogers , first a Papist , and afterward a Protestant , amongst other his learned workes writ a History from the beginning of the world ; and lived most in Germany , in the yeare 1548. in the time of King Edward the sixth . 75 Philip Commines , a knight of Flanders , writ the lives of Lewis & Charles the Eighth , Kings of France , wherein he handles many passages betweene them and the Kings of England their contemporaries . Of the Moderne , These : 76 Richard Grafton a Citizen of London , writ a Chronicle from the beginning of the world , to the beginning of the Reign of Queene Elizabeth , in whose time he lived . 77 Raphaell Holinshed , a Minister , writ a large Chronicle , from the Conquest to the yeare 1577. and was continued by others , to the yeare 1586. 78 Doctor Goodwin Bishop of Hereford , writ the Lives of King Henry the eight , King Edward the sixth , and Queen Mary , & lived in the time of Qu. Elizabeth 79 Doctor Heyward writ the History of the first Kings , William the Conquerour , William Rufus , and Henry the first , also the Reigne of King Henry the fourth , and Edward the sixth , and lived to the time of King James . 80 Samuel Daniel writ a Chronicle of the Kings of England , to the end of King Edward the third , and is continued by John Trussell to the beginning of King Henry the seventh . 81 Sir Francis Bacon Viscount , Viscount S. Albans , hath written a History of the Reigne of King Henry the seventh , in a most elegant stile , and lived in the time of King James . 82 John Fox writ three large Volumes of the Acts and Monuments of the Church ; particularly treating of the English Martyrs in the Reignes of King Henry the eighth , and Queene Mary , and lived in the time of Queene Elizabeth . 83 Thomas Cowper , Bishop of Winchester , writ Chronicle Notes of all Nations , specially of England , from the beginning of the world to his owne time , and lived in the time of Queene Elizabeth . 84 William Camden King at Armes , writ the life of Queene Elizabeth , and a Description of Britaine , and lived in the time of King James . 85 William Martin Esquire , writ the Reignes of the Kings of England , from William the Conquerour , to the end of King Henry the eighth : to which was afterward added the Reignes of King Edward the sixth , Queen Mary , and Queen Elizabeth . 86 Francis Biondi an Italian Gentleman , and of the Privy Chamber to King Charles , hath written in the Italian tongue , the Civill Warres between the two Houses of Lancaster and Yorke , from King Richard the second , to King Henry the seventh : Translated elegantly into English by Henry Earle of Monmouth , now living . 87 Henry Isaacson a Londoner , hath written a Chronology of all kingdoms , from the beginning of the world to the yeare 1630. being the fifth yeare of King Charles his Reigne . 88 Nicholas Harpsefield Arch-deacon of Canterbury , hath written a Chronicle of all the Bishops of England , to which Edmund Campian the Iesuite , made an Addition . 89 John Stow Citizen of London , writ a Chronicle from Brute to the end of Qu. Elizabeth , and is continued to this present time , being the 18. yeare of King Charles , by Edmund Howe 's a Londoner . 90 John Speed a Londoner , writ the Story of Britaine , from the first beginning to the yeare 1605. being the second yeare of King James . 91 William Abington Esquire , hath written the Reign of King Edward the fourth in a very fine stile , and is yet living . 92 Thomas Fuller Batchelour of Divinity , and Prebendary of Sarum , hath written the Holy Warre in very fine language , wherein he relates the Acts of our Kings of England in the Holy Land , and is now living . 93 Andre du Chesne , a Frenchman , Geographer to the King of France , hath written the History of England , Scotland & Ireland , from their first beginnings , to the seventeenth yeare of our present Soveraigne Lord King Charles . The end of the Catalogue of Authors . A CHRONICLE OF THE KINGS OF ENGLAND from the time of the Romans Government , unto the Raigne of King CHARLES . Of the first knowne times of this Island . ALthough we begin the Aera of our Computation from William called the Conquerour , as though he were the first King of our English Nation : Yet before him ; were many other excellent Kings ; and their Acts perhaps as worthy to bee knowne , if they could be knowne . But seeing after ages can know nothing of former times but what is Recorded by writing : It hath followed that as the first Writers were Poets : So the first writings have been Fictions ; and nothing is delivered to Posterity of the most ancient times , but very Fables : Such as is the story of Albina ( of whom they say , this Island was called Albion : though others say , ab albis rupibus , of the white cliffes ) that shee should be● the eldest of the two and thirty daughters of Dioclesian King of Syria , ( such as never was ) who being marryed to two and thirty Kings , in one night killed all their husbands : for which fact , they were put in a shippe , themselves alone without any Pylo● , so to try their adventure , and by chance arrived in this Island , of whom Gyants were begotten . And if you like not of this ; then have you the story of Albion the sonne of Neptune , of whom the Island tooke its name . But when these are exploded ; there followes another with great Attestation , and yet as very a Fable as these ; namely the story of the Trojan Brute , ( of whom the Island they say , was called Britaine : though many other causes are given of the name : ) as likewise the story of Brutes cosin Corinaeus , ( of whom they say , the Country of Cornwall had its name , to whom it was given , for overcomming the Giant Gogmagog : ) and that Brute having three sonnes , Lectrine , Albanact , and Camber ; he gave at his death to his eldest sonne Locrine , all the land on this side Humber , and called it Lo●gria ; to his second sonne Albanact , all the land beyond Humber , of whom it was called Albania , ( now Scotland : ) and to his youngest sonne Camber , all the land beyond the river of Severne , of whom it was called Cambria , ( now Wales : ) with other such stuffe , which may please children , but not riper Judgements ; and were first broached by Geoffry Archdeacon of Monmouth : for which all the Writers of his time cryed shame upon him ; and yet can scarce keepe many at this day , from giving credit to his Fictions . And when we are once gotten out of Fables , and come to some truth ; yet that truth is delivered in such slender draughts , and such broken pieces , that very small benefit can be gotten by the knowing it , and was not till the time of Iulius Caesar , a thousand yeares after the Fable of Brute : at which time , the Island was yet but in manner of a Village , being without Walls , as having no shipping , ( which are indeed the true Wals of an Island ) but onely certaine small vessels , made of boards and wicker . And as they had no ships , for defence without : So neither had they any Forts , for defence within : scarce any houses but such as were made of stakes and boughes of trees fastned together ; Neither was it yet come to be a Kingdome , but was Governed by a number of petty Rulers : So as Kent onely had in it ( as Caesar calleth them ) foure Kings ; Cingetorix , Carvilius , Taximagulus , and Segonax : which division , as it made the Britaines the more easie to be conquered , so it made the Romans the longer in conquering . For if they had beene one united body , one or two battailes might have made a conquest of the whole , where being thus divided , there was need to be as many battailes as there were divisions ; So as it was many yeares , before the Romanes could conquer the whole Island ; even from the time of Iulius Caesar , to the time of the Emperour Domitian ; not much lesse then two hundred yeares . It is true , after Caesars first comming , the Island grew sensible of this defect of their division , and thereupon by consent of a great part , made choyce of Cassibelan , King of the Trinovants , who had his seate at Verulam , to be Generall of their warres ; which made indeed some little stoppe to the Romanes proceedings , but after the losse of a battaile or two , they fell againe into a relapse of their former defect , and thought it better to secure every one his owne , by his owne meanes , then by a generall power , to hazard all at once ; whereby it came afterward to be true : Dum singuli pugnant , universi vincuntur . Yet before the Cou●try could bee wholly Conquered ; at first by reason of the Nations valour , seeking to keepe themselves free , and afterward by reason of the insolency of the garrison souldiers , that sought to make them slaves , many great oppositions were made , amongst which the most memorable was that of Voadicia , a certaine Queene of the Country , who having beene by the Romane souldiers herselfe abused , and her daughters ravished , used meanes to levy an Army of six score thousand men , whom she led herselfe into the field , and set upon the Romanes in their chiefe townes , which were London , Verulam , and Camalodunum ( now Malden in Essex ; ) of whom she flew above seventy thousand : but then in a second battaile , had fourescore thousand of her owne Army slaine , after which defeate , for avoyding of slavery , she poysoned herselfe . This Island for a long time , was so much esteemed of the Romanes , that their Emperors sometimes came hither in person ; as first the Emperor Adrian , in the yeare 124. who made a great wall of earth betweene England and Scotland , and having set the Country in order , returned . After him sometime , Severus the Emperor in the yeare 212. came over into Brit●ine to represse the Incur●ions of the Picts and Scots , by whom in a battaile neere Yorke , he was wounded and thereof dyed , or as others say , he dyed of age and sicknesse . Afterward in the yeare 305. Constantius the Emperor came into Britaine , and ended his life at Yorke , making that City famous for the death and buriall of two great Emperors ; and yet more famous for the honor done to Constantine the Great , sonne of Constantius , who in that City was first saluted Emperor . But notwithstanding the great estimation the Romanes a long time made of this Island , yet at last , after five hundred yeares they had kept it in subjection , they voluntarily left it : the charge of keeping it , being greater , then the benefit ; for to keepe it in subjection , they maintained no fewer than fourescore thousand souldiers in pay , and when warres grew amongst themselves at home , they could no longer spare so many abroad , but recalled them home : but then , though they left Britaine , yet they left not the Britaines , but carried them , at least , a great part of them away with them ; of whom the most were slaine in their service , and the rest planted in that part of France , which of them was afterward , and is to this day called Britaine . And now one would thinke , the Island should be in good case , being freed from them that kept them in subjection , but it proved to bee in worse case being at liberty , then it was before in servitude , for being deprived of their ablest men , and at the same time , their King Lucius happening to dye without issue , they were left as a few loose sticks without the bond of a Governour : which the Picts and Scots observing , thought now was the time to make the Country their owne , and thereupon made invasions upon it with all their Forces . Whereupon the Britaines having none left of their Native Kings to succeed ; and knowing they could ill manage the Body of an Army without a Head : they make choyce of Vortigerne Earle of Cornwall , one extracted from the British Line ; and he , whether so advised by his Cabinet Counsellor , the Propheticall Merlin , or as finding his owne strength too weake to make resistance ; implores first ayde of the Romanes , and they making answer , they had businesse enough to do of their owne , and leaving them to themselves , he then fled to the Saxons for ayde ; a warlike people of Germany , and who had greater swarmes then their hives would well hold . And here we may plainly see how dangerous a thing it is for a Nation , to call in strangers to their ayd , and especially in any great number ; for though they come at first but mercenaries , yet once admitted , and finding their owne strength , they soone grow Masters , as here it proved with the Saxons . But before we speake further of the comming in of the Saxons , who were at that time Infidels , and brought with them their two Idols , Woden and Frya , ( whereof two of our weeke dayes , Wednesday and Friday , take their names ; it will be fit to say something of the state of the Christian Church in this Island . First then , it is recorded , that in the yeare 63. what time Arviragus raigned here , Ioseph of Arim●thea ( who buried the body of Christ ) came into this Island , and laid the foundation of the Christian Faith in the Westerne parts , at a place called then Hvalon ; now Glastenbury ; and that there came with him , Mary Magdalen , Lazarus , and Martha : and more then this , that Simon Zelotes one of the Apostles suffered martyrdome here in Britaine : and more then this , that both St. Peter and St. Paul came into this Island and Preached the Gospell ; all which and more to this purpose , is Recorded by Authors of good Account : though it be hard believing , That persons , and specially women of so great age , as these must needes be at this time , should take so long a journey . But howsoever it was , certaine it is , that the doctrine of Christianity was about this time planted in this Island , though it made afterwards but small progresse , and that with some persecution ; as in which time , St. Alban suffered martyrdome at Verulam , and at Liechfield shortly after , no fewer then a thousand . After this , in the yeare 180 what time Lucius was King of this Island , Eleutherius then Bishop of Rome , sent Faganus and Damianus to him : upon whose preaching , the Temples of the Heathenish Flamins and Arch-flamins ( one and thirty in number ) were converted to so many Bishops Sees ; whereof London , Yorke , and Caerleyn ( now St. Davids ) were made the Metropolitans of the Province . And there is a Table remaining at this day , in the Parish Church of St. Peter on Cornhill London , which recordeth ; that the Foundation thereof was laid by this King Lucius , and that this Church was the Cathedral to that Archbishops See. In the yeare 359. a Councel was holden at Ariminum in Italie ; where foure hundred Westerne Bishops were Assembled , whereof three went out of Britaine , and gave their voyces against the Arian Heresie . After this , about the yeare 420. rose up in this Island , one Pelagius a Monke , brought up in the Monastery of Bangor in Wales , who spread the poyson of his Heresie , first in this his Native Countrey , and afterward all the world over . And these had beene the chiefe passages in matters Ecclesiasticall within this Island , when the Saxons were called in , about the yeare 450. And now under the Conduct of two brothers , Hengist and Horsa , came over nine thousand Saxons with their wives and children , to a●●ist the Britaines ag●inst the Scots , and were appointed the Isle of Thanet to Inhabit . With which assistance the Britaines give their enemies battaile , and overcome them : So as they accounted the Saxons as Angels sent from heaven , and then allowed them Kent also fo● their Inhabiting . Not long after Hengist obtained of King Vortigern the property of so much ground , as he could enclose with a Buls Hide : which cutting into thongs , hee there built the Castle , Facti de nomine , called Thong Castle . And now having built it he invites V●rtigern to a Feast , where falling in love with Rowena , the beautifull daughter of Hengist , and marrying her , it put Hengist into such a height of boldnesse , that he began to aspire , sending for greater Forces to come over to him ; as meaning to transplant himselfe hither , and to make this Island his Inheritance : which the British Lords perceiving , and not able to weane their King from his new wife , and her father Hengist , they Depose him ; and in his place set up his sonne Vortimer , a true lover of his Country : who presently in a pitcht battaile neere unto Aylesford in Kent , set upon the Saxons ; where Catigern the brother of Vor●imer , and H●rs● , of Hengist , in single ●ight hand to hand slew each other . In which place Catigern was buried , and a Monument in memory of him Erected , the stones whereof at this day are standing in a great Plaine in the Parish of Aylesford ; which instead of Catigern , is corruptly called Kits-Cotyhouse . Another the like Monument was erected for Hors● , though now defaced ; remembred onely by the Towne where it stood , called Horstead . Three other battailes after this were fought betweene the Britaines and the Saxons : one at Craford ; another at Weppeds-fleete ; the third upon Colmore : in which last , the Britaines got so great a victory , that the Saxons were cleane driven out of Kent , and in Thanet also not suffered also to rest ; so as shortly after , Hengist with his Saxons departed the Kingdome , as being now out of hope to make his Fortune in this Island . But while Vortimer was th●s intentive for his Countries liberty ; Rowena the former Kings wife , being daughter to Hengist , was as intentive to bring it into servitude ; which knowing she could not do as long as Vortimer lived , she used meanes by poyson , to take away his life , after he had beene King the space of foure yeeres , and then by the witchcraft of faire words , so enchanted the British Nobility , that her husband Vortigern was againe established in the Kingdome ; which was no sooner don● , but Hengist , ( relying upon his sonne Vortigerns love ) with a mighty Army attempts to returne againe into the Island ; when being resisted , he makes a shew , as if hee desired nothing but to fetch away his daughter Rowena , and to have a friendly conference for continuance of amity : which motion seeming reasonable , a place and time of conference was appointed : the time upon the first of May ; the place upon the Plaine of Ambrii , now called Salisbury ; whither the plaine meaning Britaines came unarmed , according to agreement ; but the fraudulent Saxons under their long Cassocks had short skeynes hidden , with which , upon a watch-word given , they set upon the Britaines , and of their unarmed Nobility slew three , some say five hundred , & took the King himselfe prisoner , whom they would not release , till they were put in possession of these foure Counties , Kent , Sussex , Suffolke , and Norfolke . Whereupon Vortigern , whether fearing a second Deposing , or whether so advised by his Cabinet Counsailour the Propheticall Merlin , betooke him into Wales , and there built him a strong Castle for his safeguard ; while the Saxons comming daily in great swarmes into the Land , had at this time overrunne all ; if Aurelius Ambrosius a Romane borne , but affected to the British Nation , had not landed at To●nes in Devonshire , to whom resorted great troopes of Britaines . His first expedition was against Vortigern , ( as the first cause of the Britaines misery ) whose Castle he besieged ; and whether by wilde fire , or by fire from Heaven , both he and his Castle , and all that were in it were burnt to ashes . To this Ambrosius is ascribed the admirable Monument in Wiltshire , now called Stoneh●●ge , in the place where the Bri●aines had beene treacherously ●laughtered and interred ; and of whom the Towne of Ambersbury beares its name . After this he set upon the Saxons , and in many batrailes discom●ited them ; till at last falling sicke in the City of Winchester , a Saxon , in shew a Britain , and in habit a Physitian , was sent unto him , who instead of Physick , ministred poyson , whereof he died , in the yeare 497. after he had raigned two and thirty yeares . After Ambrosius , succeeded Uter , ( some say his brother , others , a Britaine ) called Pendragon , of his Royall Banner borne ever before him ; wherein was portrayed a Dragon with a golden Head , as in our English Camps , it is at this day borne for the Imperiall standard . And he also in many battailes discomfited the Saxons , till after eighteene yeares Raigne he came to his end by treachery ; dying by poyson put into a Well , whereof he usually dranke ; in the yeare 515. After him succeeded his sonne Arthur , begotten of the faire Lady Igren , wife of the Duke of Cornwall , to whose bed the Art of Merlin brought him in the likenesse of her husband ; and hee in t●elve set battailes discomfited the Saxons ; but in one most memorable in which gi●ding himselfe with his sword called Callibourne , he flew upon his Enemies , and with his owne hand slew eight hundred of them ; which is but one of his wonderfull deedes , whereof there are so many reported , that hee might well be reckoned amongst the Fabulous , if there were not ●now true to give them credit . Amongst other his Acts , he Instituted the Order of Knights of the Round Table , to the end there might be no question about Precedence , and to teach Heroicall minds , nor to stand upon place , but Merit . But this great Prince , for all his great valour , was at last in a battaile wounded , whereof he died , in the yeare 542. after he had raigned six and twenty yeares . After King Arthur succeeded his cosin Constantine ; & after his three yeares raigne , Aurelius Conanus the Nephew of King Arthur ; whose Raigne is so uncertaine , that some say , he raigned onely two , some , three yeares , some againe thirty , and some three and thirty . After Conanus succeeded Vortiporus , who after many victories against the Saxons , and foure yeares Raigne , died . After whom succeeded Malgo Conanus , and Raigned six yeares . After him Careticus , who setting upon the Saxons and beaten , ●led into the Towne of Chichester , whereupon the Saxons catching certaine Sparrowes and fastning fire to their feete , let them fly into the Towne , where lighting upon ●traw , and other matter apt to take fire , the whole City in short space was burnt ; and thereupon Careticus flying , secured himselfe amongst the Mountaines of Wales , where he dyed , after he had unprosperously Raigned three yeares : and from that time forth , the Britaines lost their whole Kingdome in the East part of the Island , and were confined in the West by the rivers Severne and Dee . After Careticus succeeded Cadwan , who Raigned two and twenty yeares . After him his sonne Cadwallo , who Raigned eight and forty yeares , and then died ; whose body was buried in St. Martins Church neere Ludgate , and his Image of brasse placed upon the same gate , for a terrour to the Saxons . In his time , the doctrine of Mahomet began to spread it selfe all the Easterne world over . After Cadwallo succeeded his sonne Cadwalladar ; in whose time so great a Famine , and afterward Mortality hapned , continuing eleven yeares , that the Land became in a manner desolate : in so much , that the King and many of his Lords were driven to forsake their native Country , and Cadwalladar himselfe went to his cousin Alan King of little Britaine in France . At which time the Saxons taking advantage of his absence , came over in swarmes , and dispossessed the forlorne Britaines of all they had , and divided the Land amongst themselves . Whereupon Cadwalladar , obtaining assistance of his cousin Alan , was comming over to restraine their insolencies ; when making prayers to God for good successe , an Angell appeared to him , or at least to his seeming hee heard a voyce , that forbad him the enterprise , declaring that it was not Gods will , the Britaines should rule this Land any longer , and therefore bade him hie him to Rome , and receive of Pope Sergius the habit of Religion , wherein he should die and rest in peace . Which accordingly he did : and in him ended the blood of the British Kings ; in the yeare 689. So as Britaine now , was no longer Brit●ine ; but a Colony of the Saxons . And now is time to speake of the Heptarchy of the Saxons ; so much spoken of , by all Writers● and to shew by what degrees the Britai●es lost , and the Saxons got the whole possession of this Island : for this Heptarchie or division of this Island into seven Kingdomes , came not in all at once , nor yet in an equall partition , but some good distance of time , one after another , and as the Invadour had strength to expell the Natives . The first Kingdome being of Kent . THe first Kingdome of the Saxons began by Hengist , in the yeare 455. containing all Kent , and continued 372. yeares , during the raignes of seventeene Kings , of whom as many as performed any memorable Act , shall be remembred , and for the rest , it will be no losse to passe them over in silence . Of these seventeene Kings , Ethelbert being the fifth , was the first Saxon Christian King of this Island , converted by Austin the Monke , whom Pope Gregory sent hither to that purpose , with forty others , in the yeare 595. to whom King Ethelbert gave his chiefe City of Canterbury , and his owne Royall Palace there , made since the Cathedrall of that See ; withdrawing himselfe to Re●ulver in the Isle of Thanet , where he erected a Palace for himselfe and his successors . He gave him also an old Temple , standing without the East wall of the City , which he honoured with the name of St. Paneras , and then added a Monastery to it , and Dedicated it to St. Peter and Paul , appointing it to be the place for the Kentish Kings Sepulchers . But in regard of Austin the procurer , both Pan●ras , Peter , and Paul were soone forgotten , and it was ; and is to this day , called St. Austines : which Abbey St. Austin enriched with divers Reliques which he brought with him from Rome ; amongst which was a part of Christs seamelesse Coate , and of Aarons Rodde . This King after his owne conversion , converted also Sebert King of the East Angles , and assisted him in the building of the Cathedrall Church o● St. Paul London ; as also the Church of St. Peter , on the West of London , then called Thorny : and himselfe at Rochester built the Cathedrall Church there , which he Dedicated to the Apostle St. Andrew ; and dying , when he had Raigned six and fifty yeares , was buried at Canterbury . And thus by this first Saxon Kingdome , was all Kent lopped off from the Britaines Dominion ; and this was their first impairing , and this happened in the Raigne of Ambrosius before spoken of . The sixth King of Kent was Ethelbald ; who at first an Apostata , was afterwards converted , and built a Chappell within the Monastery of St. Peter and Paul at Canterbury . The seventh King was Ercombert , a vertuous and religious Prince , who first commanded the observing of Lent ; and in his daies , the Archbishop Honorius divided Kent into Parishes . The eighth King was Egbert , who obtained the kingdome by murthering his Nephews : whose sister the Lady Dompnena , founded the Abbey of Minster in Kent . The eleventh King was Withred , who founded the Priory of St. Merton at Dover . The last was Baldred , who overcome by Egbert King of the West Saxons , left Kent a Province to that Kingdome , in the yeare 827. The second Kingdome being of the South Saxons . THe second Kingdome of the Heptarchie , was of the South Saxons , and began by Ella , in the yeare 488. containing Sussex and Surrey , and continued 113 yeares , during the raigne of five Kings onely , of whom Cissa being the second founded the City of Chichester , and raigned as some say threescore and sixteene yeares . And then Berthan being the last King , was overcome by Ine King of the West Saxons , and his Country became a Province to that Kingdome , in the yeare 601. and thus as Kent before , so now Sussex and Surrey were lopped off from the Britaines Dominion : and this was a second impairing , which also happened in the Raigne of the British King Ambrosius . The third Kingdome being of the West Saxons . THe third Kingdome of the Heptarchie , was of the West Saxons , and began by Cerdic , in the yeare 519. containing Cornwall , Devonshire , Dorse●shire , Somersetshire , Wiltshire , Hampshire , and Barkeshire , and continued 561. yeares , during the Raignes of nineteene Kings , of whom this Cerdic was the first : in whose time , Porth a Saxon landed in the West , at a place from him called afterward Portesmouth , and ayded Cerdic in his conquest . And this happened in the Raigne of King Arthur : and as Kent , Sussex , and Surrey before , so now these seven other shires were lopped off from the Britaines Dominion : and this was a third impairing . The sixth King of the West Saxons was Kingills , who was the first Christian King of this kingdome , converted by Berynus an Italian Divine , to whom hee gave the City of Dorchester , neere to Oxford ; who therein erected his Episcopall See. The seventh King was Kenwald , who at first an Apostata was afterward converted , and founded the Cathedrall of Winchester , and the Abbey of Mamesbery ; whose wife Segburg also built a house of devotion in the Isle of Sheppey , wherein herselfe became a Nunne , and was afterward elected Abbesse of Ely. The eleventh King was Ine , who ordained many good lawes , which are yet extant in the Saxon tongue , and are translated into Latin , by the learned Master William Lambert . This King built a Colledge at Wells bearing the name of St. Andrews , which afterward King Kenulph made an Episcopall See. He also in most stately manner new built the Abbey of Glastenbery ; and out of his devotion to the See of Rome , he injoyned every one of his Subjects , that possessed in his house of any one kinde of goods to the value of nineteene pence , to pay yearely upon Lammas day , one penny to the Pope ; which at first was contributed under the name of the Kings Almes , but afterward was paid by the name of Peter pence . At last hee went to Rome , and there tooke upon him the habit of Religion , and therein died . His wife also became a veyled Nunne , and afterward was made Abbesse of Barking neere London . The thirteenth King was Cuthred , who first permitted the bodies of the dead to be buried within the walls of their Cities , which before were used to bee buried in the fields . The foureteenth was Sigebert , who for his cruelty and exactions , was by his subjects forced to fly into the woods to hide himselfe , where by a swinherd hee was slaine . The fifteenth was Kenwolph , who founded the Cathedrall Church of St. Andrews at Wells , and was afterward slaine by Kynoard , whom he had banished . The sixteenth King was Brithrick , whose Queene Ethelburg , having prepared a poyson for another , the King chanced to tast it , and thereof died . In feare of which chance the Queene fled into France ; where Charles the then King for her excellent beauty , offered her the choyce of himselfe or his sonne in marriage : but she out of her lustfull humour choosing the son , was thereupon debard of both , and thrust into a Monastery , where committing adultery , she was driven from thence , and ended her life in great misery . For her sake the West Saxons ordained a Law , that no Kings wife should hereafter have the Title or Majesty of a Queene , which for many yeares after was severely executed . The fourth Kingdome being of the East Saxons . THe fourth Kingdom of the Heptarchy was of the East Saxons , & began by Erchenwyn , in the yeare 527. containing Essex and Middlesex , and continued 281 years , during the Raignes of foureteene Kings ; of whom the third was Sebert , who first built the Cathedrall of St. Paul London , which had formerly beene the Temple of Diana : He likewise Founded the Church of St. Peter in the West of London , at a place called Thorny , where some time stood the Temple of Apollo , which being overthrowne by an Earthquake , King Lucius new built for the service of God ; & that againe being decayed , this King restored to a greater beauty , & with his Queene Athelgarda was there buried . The ninth King was Sebba , who after thirty yeares peaceable Raigne relinquished the Crowne , & tooke upon him a Religious habit , in the Monastery of St. Paul London ; where dying , his body was Intumbed in a Coffin of gray Marble , the cover coaped , and as yet standeth in the North wall of the Chancell of the same Church . The twelveth was Offa , famous for the beauty of his countenance , who both enlarged with buildings , and enriched with lands the Church of Westminster , and after eight yeares Raigne went to Rome , and was there shorne a Monke , and in that habit died . The fourteenth was Suthred , whom Egbert King of the West Saxons subdued , and made his Kingdome a Province to his owne . And thus besides the former Shires , these two also were lopped off from the Britaines Dominion , and this was a fourth impairing . The fifth Kingdome being of Northumberland . THe fifth Kingdome was of Northumberland , and began by Ella and Ida , in the yeare 547. Containing Yorkeshire , Durham , Lancashire , Westmerland , Cumberland , and Northumberland , and continued 379. yeares , during the Raignes of three and twenty Kings , of whom nothing is recorded of these two first , but that they builded the Castle of Bamburg . The seventh King was Ethelfryd , who at Caerlegion ( now Westchester ) made a slaughter of twelve hundred Christian Monkes , and was himselfe afterward slaine , by Redwald King of the East Angles . The thirteenth King was Osred , whose wife Cutburga , out of a loathing wearinesse of wedlocke , sued out a divorce from her husband , and built a Nunnery at Winburne in Dorsetshire , where in a Religious habit she ended her life . The sixteenth King was Cednulph , who after eight yeares Raigne , left his Royall robes , and put on the habit of a Monke , in the Isle of Lindesfern or Holy Island . Unto this King the Venerable B●de , a Saxon and a Priest in the Monastery of Peter and Paul at Werimouth neere to Durham , Dedicate● his worke of the English History , which hee continued from the first entrance of the Saxons into this Island , to the yeare 731. containing after his owne account 285. yeares . The seventeenth King was Egbert , who after twenty yeares Raigne forsooke the world also , and shore himselfe a Monke ; whose-brother being Archbishop of Yorke , erected a notable Library there , and stored it with an infinite number of learned bookes . The last King was Oswald , after whom this Kingdome yeelded to the protection of Egbert King of the West Saxons , who was now in the yeare 926. become absolute Monarch of the whole Island . And thus by the erection of this fifth Kingdome , were the six Northerne shires lopped off from the Britaines Dominion , and this was a fifth impairing . The sixth Kingdome being of Mercia . THe sixth Kingdome was of Mercia , and began in Crida , in the yeare 522. containing Huntington , Rutland , Lincolne , Nottingham , Warwickshire , Leycester , Northampton , Derbyshire , Oxfordshire , Cheshire , Shropshire , Glostershire , Staffordshire , Buckinghamshire , Bedfordshire , and Hartfordshire , and continued 202. yeares , during the Raignes of twenty Kings ; eight of whom in a continued succession kept the Imperiall Crowne of the Heptarchie : for though other Raigned as Kings in their owne Territories , yet among them ever one was the supreme head of the rest , and was called King of Engle-lond , till Egbert the West Saxon brought them all into one . The fifth of these Kings of Mercia was Penda , who was the first Christian King of the Mercians , and laid the Foundation of a faire Church at Medeshamstead , now called Peterborough . The seventh King was Ethelred , who Raigned thirty yeares , ●nd then gave over the Crowne , and became a Monke in the Monastery of Bradney in Lincolnshire , where in the yeare 716. he died . The eighth King was Kenred , who after foure yeares raigne went to Rome , where he tooke upon him the habit of a Monke , and after other foure yeares dyed . The tenth King was Ethelbald , who at first was given to much lasciviousnesse of life , but being reprehended for it by Boniface Archbishop of Ments , was so farre converted that he Founded the Monastery of Crowland , driving in mighty piles of Oake into that Marish ground , where he laid a great and goodly building of stone ; and after two and forty years Raigne was slaine in a battaile by Cuthred King of the West Saxons . The eleventh King was Offa , who greatly enlarged his Dominions ; raigned nine and thirty yeares , and Founded the Monastery of St. Albans . The thirteenth King was Kenwolph , who raigned two and twenty yeares , and Founded the Monastery of Winchcombe in the County of Glocester , where his body was interred . The eighteenth King was Withlafe , who overcome by Egbert King of the West Saxons , held his Country afterward as his substitute and Tributary , acknowledging Egbert as now the sole Monarch of this Island . And by erection of this Mercian Kingdome , were seventeene shires mo●e lopped off from the Britaines Dominion , and was a sixth and a great impairing , so as now they were driven into a narrow roome . The seventh Kingdome being of the East Angles . THe seventh Kingdome was of the East Angles , and began by Uffa , in the yeare 575. containing Suffolke , Norfolke , Cambridgeshire , and the Isle of Ely , and continued 353. yeares , during the raigne of fifteene Kings , of whom the fifth was Sigebert , who first brought the light of the Gospell into his Dominions , and built a Schoole for education of youth , but whether at Oxford or Cambridge , is left a Quaere ; and after three yeares Raigne shore himselfe a Monke in the Abbey of Cumbreburg , which himselfe had built : but being afterward violently drawne from thence by his Subjects the East Angles , to resist the Mercian King Penda , and refusing to use any other weapon but onely a white wand , was in a battaile by him slaine . The seventh King was Anna , who after thirteene yeares raigne , was also slaine by Penda the Mercian King. This King Anna was memorable chie●ly for the holinesse of his children , of whom his sonne Erkenwald was Bishop of London , and built the Abbey of Barking neere London . His eldest daughter Etheldrid was twice married , and yet continued a Virgin still , and at last became a Nunne , and is remembred to posterity by the name of St. Audrie . His second daughter named Sexburg , his third named Ethelburg , his fourth ( a Naturall daughter ) named Withburg : all entred into Monasteries , and are Canonized all for Saints . The foureteenth King was Ethelbert , a learned and religious Prince , who being invited by Offa the Mercian King to marry Elfrid his daughter , came for that purpose to Offa's Court , then seated at Sutton Walleys in the County of Hereford , and there by him was cruelly murthered . In whose memoriall notwithstanding , hee afterward built a faire Church at Hereford , the Cathedrall of that See , as though he could expiate a murther of the living , by a Monument to the dead , and were not rather a Monument of his owne impiety . The fifteenth King was Edmund , who assaulted by the Danes for his possessions , was more assaulted for his profession : for continuing constant in his Christian Faith , those Pagans first beat him with bats , then scourged him with whippes , ●nd lastly bound him to a stake , and with their arrowes shot him to death ; whose body was buried at the Towne where Sigebert the East Anglian King , one of his Predecessors , had built a Church , and where afterward ( in honour of him ) was built another most spatious , of a wonderfull frame of Timber , and the name of the Towne upon the occasion of his buriall there , called to this day St. Edmunds bury . This Church and place , Suenus the Danish King burnt to ashes : but when his sonne Canutus had gotten possession of the English Crowne , terrified with a Vision of the seeming St. Edmund ; in a religious devotion to expiate his Fathers sacriledge , hee built it anew most sumptuously , and offered his owne Crowne upon the Martyrs Tombe . After the death of this Edmund , the East Angles Country was possest by the Danes , and so continued the space of fifty yeares , untill that Edmund surnamed the Elder , expelled those Danes , and made that Kingdome a Province to the West Saxons . By that which hath beene said , it plainely appeares , by what degrees the Britaines lost , and the Saxons got the whole possession of this Island . For after that Vortigern in the yeare 455. had called in the Saxons , every Britaine King that succeeded him , lost some part or other of it to the Saxon● , till at last in the yeare 689. C●dw●llader the last Britaine King lost all ; and then the Saxon Kings striving amongst themselves for soveraignty , they still gained one upon another , till at last in the yeare 818 Egbert King of the West Saxons reduced them all under his subjection , and then caused all the South of the Island to bee called England , according to the Angles of whom himselfe came ; after whom they were no longer properly called Saxon Kings , but Kings of England , and so continued till the Danes , in the yeare 1017. made an interruption ; of whose succession now comes the time to speake . Of the Saxons that Raigned sole Kings of this Island , and may properly be called English Kings . EGbert the eighteenth King of the West Saxons , is now become the first of the Kings of England , in whose time the Danes began first to infest the Land ; as thinking they might do as much against the Saxons , as the Saxons had done against the Britaines ; but though they made divers Invasions , and did great spoyle , yet they were still repelled . This King raigned six and thirty yeares , and dying in the yeare 836. was buried at Winchester . Of his issue , his daughter Edith was made Governesse of a Monastery of Ladies , by her planted in a place which the King her brother had given her , called Pollesworth , situate in Arden , in the North part of the County of Warwicke , where shee died and was buri●d , and the place in memory of her called St Edyths of Pollesworth . To Egbert succeeded his sonne Ethelwolph , who in his youth was so addicted to a Religious life , that he was first made Deacon , and after Bishop of Winchester ; but his father dying , he was intreated by his people to take upon him the Crowne , and by Pope Gregory the fourth , was to that end absolved of his Vow . His raigne was infested with many and great Invasions of the Danes , to whom notwithstanding hee gave incredible overthrowes . In the time of his Raigne , remembring his former Religious profession , he ordained that riches and lands due to holy Church , should be free from all Tribute or Regall services , and in great devotion went himselfe to Rome , where he lived a yeare ; confirmed the grant of Peter pence , and agreed beside to pay yearely to Rome three hundred Markes . Returning home through France , and being a Widower , he there marryed Iudith , the beautifull daughter of Charles the Bald then Emperor ; in honour of whom , in his owne Court , hee ever placed her in a chaire of Estate , with all other Majesticall complements of a Q●●ene , contrary to the Law of the West Saxons formerly made ; which so much displeased his Lords , that for it they were ready to Depose him ; but howsoever hee lived not long after , having Raigned one and twenty yeares . His yongest sonne Neoto , was much addicted to learning , and was one of the first Divinity Readers in the University of Oxford , and Founded a Monastery in Cornwall , which of him was called Neotestock ; and being dead his body was Interred in the County of Huntington , at a place then called Arnulphsbury , and afterward , in regard of his Interment , St. Neotes , and now St. N●edes . This King was famous , for having foure sons , who all of them were Kings of this Land successively . First after him Raigned his eldest sonne Ethelbald , in the yeare 857. who to his eternall shame , tooke to wife Iudith his fathers widdow , Raigned but two yeares and dying , was buried at Shirborn in Dorsetshire , at that time the Episcopal See. From this Iudith , married afterward to the Earle of Flanders , after divers descents , came Maude the wife of William the Conqueror , from whom are descended all our Kings ever since . Next to the eldest Raigned the second sonne Ethelbert , all whose Raigne , which was onely five yeares , was perpetually disquieted with Invasions of the Danes , which yet were at last repelled . He died in the yeare 866. and was buried at Shirborne in Dorsetshire . Next to the second Raigned his third sonne Ethelred , whose Raigne was more disquieted with the Danes then any others before : for they Invading the Land , under the leading of Hungar , and Hubba , spoyled all the Country as they went , not sparing Religious places ; amongst other , the goodly Monasteries of Bradney , Crowland , Peterborough , Ely , and Huntington , they laid levell with the ground : the Monkes and Nunnes they murthered or ravished ; at which time a rare example of Chastity and Fortitude was seene in the Nunnes of Coldingham . For to avoyd the ba●barous pollutions of these Pagans , they deformed themselves by cutting off their upper lips and noses . Nine battailes in one yeare this King fought with the Danes , in most o● them victorious ; but at last received a wound whereof he died , and was buried in the Church at Winborne in Dorsetshire . Next to the third Raigned his fourth son Alfred , in whose time came over greater swarmes of Danes then ever before , and had now got footing in the North , the West , & South parts of this Island , leaving this King nothing of all his great Monarchy , but only Somerset , Hampton , and Wiltshire ; and not these neither altogether free , so as he was forced sometimes to flie into the Fennes and Marish grounds to secure himselfe , where he lived by Fishing and Fowling , and hunting of wilde beasts , till at last learning policy from adversity , and gathering courage from misery , hee ventured in the habit of a common Minstrell , to enter the Danes Campe ; where having viewed the manner of their Encamping , and observed their security , he returned backe , shewing his Lords in what condition he found them : whereupon setting upon them at unawares , he not onely made of them a great slaughter , but brought upon them a greater terrour : for presently upon this the Danes sue for Peace , and deliver Hostages for performance of these Conditions ; that their King should receive Baptisme , and their great Army depart quietly out of the Land. But though upon this agreement they departed for the present into France , yet the yeare following they returned with greater Forces , forraging all parts of the Countrey in most cruell manner , though still encountred by this Valorous Prince , till hee ended his life in the yeare 901. after he had Raigned nine and twenty yeares . The vertues of this King , if they were not incredible , they were at least admirable , whereof these may be instances . The day and night containing foure and twenty houres , he designed equally to three speciall uses , observing them by the burning of a Taper set in his Chappell ; ( there being at that time , no other way of distinguishing them ) Eight houres he spent in Contemplation , Reading and Prayers : Eight in provision for himselfe , his Health and Recreation : and the other eight in the Affaires of the Common-wealth and State. His Kingdome likewise he divided into Shires , Hundreds and Tythings ; ordaining that no man might remove out of his Hundred without security : by which course he so suppressed Theeves and Robbers , which had formerly encreased by the long warres , that it is said a boy or girle might openly carry a bag of gold or silver , and carry it safely all the Country over . Besid●s his great Piety , he was also learned ; and ●s farre as it may be a commendation in a Prince , a skilfull Musitian and an excellent Poet. All former Lawes hee caused to be survayed , and made choyce of the best , which hee translated into the English tongue ; as also the Pastorall of St. Gregorie , the History of Bede , and Boetius his consolation of Philosophie ; the Psalmes of David likewise he began to translate , but died before he could finish it . And so great a love he had to learning , that he made a Law , that all Freemen of the Kingdome , possessing two Hides of land , should bring up their sonnes in learning , till they were fifteene yeares of age at least , that so they might be trained to know God , to be men of understanding , and to live happily . His buildings were many , both for Gods service and for other publike use : as at Edlingsey a Monastery , at Winchester a new Minster , and at Shaftesb●ry a house of Nunnes ; whereof he made his daughter Ethelgeda the Abbesse ; but his Foundation of the University of Oxford , exceeded all the rest : which he began in the yeare 895. and to furnish it with able Scholars , drew thither out of France , Grimbaldus and Scotus , and out of Wales , Asser , ( who wrote his life ) whose Lectures he honoured often with his owne presence . And for a stocke of Frugality , he made a Survey of the Kingdome ; and had all the particulars of his Estate , registred in a Booke ; which he kept in his Treasury at Winchester . He Raigned seven and twenty yeares , and dying was buryed in the Cathedrall Church of Saint Peter at Winchester , though removed afterward , into the Church of the new Monastery , without the North-gate of the City called Hyde . His Wife Elsewith , Founded a Monastery of Nunnes at Winchester , and was there buryed . Their second daughter Ethelgeda , tooke upon her the Vow of Virginity ; and by her Fathers appointment was made a Nunne of Shaftesbery , in the County of Dorset , in the Monastery ●ounded there by him , who is also accounted the Founder of the Towne it selfe . King Alfred being deceased , his sonne Edward ( called Edward the Elder ) succeeded : not so learned as his Father ; but in Valour his Equall , and Superiour in Fortune . For , first , he overcame his Cousin Ethelwald , who aspired to the Crowne ; then the Danes , whose chiefe leader he ●lew in battaile ; lastly the Welsh ; but these last , more by humility shewed to their Prince Leolyn , then by force of A●mes . But yet he must not have all the glory of his time ; some must be imparted to his sister Elflede ; who being marryed to Ethelred Earle of Mercia , had by him a daughter , but with so grievous pa●nes in her travaile , that ever after she refused the nuptiall bed of her Husband , saying , it was a foolish pleasure , that brought with it so excessive paines . And thereupon after her husbands death , made choyce to follow the warres ; assisting her brother both against the Welsh , and against the Danes , whom she brought to be at her disposing . Dying she was buryed at Glocester , in the Monastery of Saint Peter , which her Husband and her selfe had built . King Edw●rd himselfe , after foure and twenty yeares Raigne , deceased at Faringdon in Barkshire , in the yeare 924. and was buryed in the new Monastery of Winchester , which his Father began , and himselfe wholly finished : having had by his three Wives , six Sonnes and nine Daughters , of whom his eldest sonne Athelstan succeeded him in the kingdome , whom his Grandfather King Alfred had with his owne hands Knighted● in an extraordinary manner ; putting upon him a purple Robe , and girding him with a girdle wrought with Pearle . His second sonne Elfred , he so loved , that he caused him to be Crowned King with himselfe , which yet he enjoyed but a short time , being taken away by death . His third sonne Elsward , presently upon his Fathers death , dyed himselfe also . His fourth son Edwyn , was by his brother Athelstan , out of jealousie of state , put into a little Pinnace , without either Tackle or Oares , accompanyed onely with one Page ; with griefe whereof , the young Prince leaped into the Sea and drowned himselfe . His fifth , and sixth sonnes , Edmund , and Edred , came in succession to be Kings of England . Of his Daughters , the eldest Edytha , was marryed to Sithricke the Danish King of Northumberland , and he deceasing , she entred into a Monastery , which she began at Tamworth in Warwickshire , and there dyed . His second daughter Elflede , tooke upon her the vow of Virginity , in the Monastery of Ramsey , in the County of South-hampton , where she dyed and was interred . His third daughter Eguina , was first marryed to Charles the Simple , King of France , and after his decease , to Herbert , Ea●le of Vermandois . His fourth daughter Ethelhild , became a Nunne in the Monastery of Wilton , which was sometime the head Towne , giving name to the whole County of Wil●shire , and anciently called Ellandon . That we may see in those first times of Religion , when there was lea●t knowledge , there was most devotion . His fifth daughter Edhold , was marryed to Hugh , surnamed the Great , Earle of Paris , and Constable of France . And Edgith his sixth daughter , to Otho , the Emperour of the West , ●urnamed the Great . His seventh daughter Elgina , was marryed to a Duke of Italy . His ninth Edgina , to Lewis Prince of Aquitaine in France . After the death of King Edward , his eldest sonne Athelstan succeeded , and was Crowned at Kingstone upon Thames , in the County of Surrey , by Athelmu● Archbishop of Canterbury , in the yeare 924. The beginning of whose Raigne , was molested with the Treason of one Elfrid a Nobleman , who being apprehended and sent to Rome to purge himselfe , and there denying the Act upon his Oath , fell suddenly downe , and within three dayes dyed , to the eternall ●errour of all perjured persons . Presently upon this , another dysaster befell King Athelstan , for having caused his brother Edwyns death , ( as before is shewed ) chiefly procured by his Cupbearers suggestions : It hapned not long after , that his Cup-bearer , in his service at a Festivall , stumbling with one foote , and recovering himselfe with the other , and saying merrily , See how one brother helpes another ; His words put the King in remembrance of his Brother , whose death he had caused , and with remorse thereof , not onely caused his Cup-bearer to be put to death , but did also seven yeare● penance : and built the two Monasteries of Middleton , and Michelnesse , in the County of Dorset , in expiation of his offence . This King ordained many good Lawes ; and those to binde as well the Clergy , as the Laity ; amongst which , one was the Attachment of Felons , that stole a●ove twelve pence , and were above twelve yeares old . Of this King , there is one Act related , that may seeme ridiculous ; another that may seeme miraculous ; For what more ridiculous , then that , going to visit the Tombe of Saint Iohn of Beverley , and having nothing else of worth to offer , he offered his knife in devotion to the Saint ? Yet the mirac●lous is more apparent : For going to encounter the Danes , and praying to God for good successe , he prayed withall , that God would shew some signe of his rightfull cause , and thereupon striking with his sword , he strucke it an ell deepe into a hard stone , which stood so cloven a long time after . But whether this be true or no , this certainly is true , that he obtained many great victories against the Danes , against the Scots , against the Ir●sh , and against the Welsh , whose Princes he brought to be his Tributaries , entring Covenant at Heref●rd , to pay him yearely twenty pound weight of gold , three hundred of silver , and five and twenty hundred head of Cattell , besides a certaine number of Hawkes and Hounds . Lastly , he joyned Northumberland to the rest of his Monarchy , and enlarged his Dominions beyond any of his Predecessours , which made all Neighbouring Princes to seeke his friendship , and to gratify him with rare presents , as Hugh King of France sent him the sword of Constantine the Great , in the hilt whereof , was one of the nayles that fastned Christ to his Crosse ; He sent him also the speare of Charles the Grea● , reputed to be the same that pierced Christs side ; as also part of the Crosse whereon Christ suffered , and a piece of the Thorny Crowne put upon his head . Likewise Otho the Emperour , who had marryed his sister , sent him a vessell of pretious stones , artificially made , wherein were seene Landskips with Vines , Corne , and Men , all of them seeming so artificially to move , as if they were growing , and alive . Likewise the King of Norway sent him a goodly Ship , with a gilt Ste●ne , purple ●ayles , and the decke garnished all with gold . Of these accounted Holy Reliques , King Athelstan gave part to the Abbey of Saint Swithin in Winchester , and the rest to the Monastery of Mamesbury , whereof Adelm was the Founder , and his Tutelar Saint . He new built the Monasteries of Wilton , Michelnesse , and Middleton ; Founded Saint Germans in Cornwall , Saint Petrocus at Bodmyn , and the Priory of Pilton ; new walled and beautifyed the City of Exceter , and enriched either with Jewels or Lands , every speciall Abbey of the Land. But the chiefest of his workes for the service of God , and good of his Subjects , was the Translation of the Bible into the Saxon Tongue , which was then the Mother tongue of the Land. He Raigned fifteen● yeares , Dyed at Glocest●r , and was buryed at Mamesbery , in the yeare 940. having never beene marryed . After the death of Athelstan , his brother Edmund , the fifth sonne of his Father succeeded ; and was Crowned at Kingstone upon Thames ; but no sooner was the Crowne set upon his head , but the Danes were upon his backe ; and in Northumberland made Insurrections , whom yet he not onely repressed in that part ; but tooke from them the Townes of Lincolne , Leycester , Darby , Stafford and Nottingham ; compelling them withall to receive Baptisme , and to become his Subjects , so as the Country was wholly his as farre as Humber . Cumberland also , which had beene an entire Kingdome of it selfe , and was now ayded by Leolyn King of South-wales , he utterly wasted , and gave it to Malcolme King of Scots , to hold of him by Fealty . After his returning home , he ●et himselfe to ordaine Lawes for the good of his People ; which Master Lambert hath since transla●ed into Latine . But after all his noble Acts both in Warre and Peace , he came at last to a lamentable end ; for at his Manour of Pucklekerks , in the County of Glocester , interposing himselfe to part a fray betweene two of his servants , he was thrust through the body , and so wounded that he dyed , and was buryed at Glastenbury , after he had Raigned five yeares and seven moneths , leaving behinde him two young Sonnes , Edwyn , and Edgar . King Edmund dying , his brother Edred , in the minority of his Nephewes , was Crowned at Kingstone upon Thames , by Otho Arch-bishop of Canterbury , in the yeare 946. Not as Protector ; ( It seemes that kinde of Authority was not yet come in use ) but as King himselfe , though with purpose to resigne , when the right Heire should come of age , which at this time needed not , for while the right Heire was scarce yet fourteene yeares old , he resigned to him the Kingdome , by resigning his life to Nature , after he had twice repressed the rebelling Northumbrians , and twice forgiven their rebelling , which yet was not a simple Rebellion ; for they had sent for Anlafe the Dane out of Ireland , and made him their King ; which place for foure yeares he held ; and then weary of his government , they thrust him out and take one Hericus to be their King , whom not long after they put downe also ; and then partly allured by the lenity of King Edred ; and partly forced by his Armes ; they submit themselves to him , and aske forgivenesse ; to whom he , as a mercifull Prince , giants an Act of Oblivion , and received them againe into protection . This Prince was so devout and humble , that he submitted his body to be chastised at the will of Dunstan Abbot of Glastenbury , and committed all his Treasure and Jewels to his custody . The stately Abbey of Mich at Abington neare Oxford , built by King Inas , but destroyed by the Danes , he newly re-edified ; endowing it with revenues and Lands , the Charters whereof he confirmed with seales of Gold. He ordained Saint Germans in Cornwall , to be a Bishops See , which there continued , till by Canutus it was annexed to the Episcopall See of Kyrton in Devonshire ; Both which Sees were afterward by King Edward the Confessor , translated to the City of Exceter . He left behinde him two Sonnes , Elfred , and Bertfred , and was buryed in the old Minster , without the City of Winchester ; whose bones with other Kings , are to this day preserved in a gilt Coffer , fixed upon the wall , in the South side of the Quire. After Edred , not any of his sonnes , but his Nephew Edwyn , the eldest sonne of King Edmund succeeded , and was annoynted and Crowned at Kingston upon Thames , by Otho Arch-bishop of Canterbury , in the yeare 955. This Prince , though scarce fourteene yeares old , and in age but a childe , yet was able to commit sinne as a man ; For upon the very day of his Coronation , and in sight of his Lords , as they sate in Counsell , he shamefully abused a Lady of great Estate , and his neare kinswoman , and to mend the matter , shortly after slew her Husband , the more freely to injoy his incestuous pleasure . And whether for this infamous fact , or for thrusting the Monkes out of the Monasteries of Mamesbury , and Glastenbury , and placing marryed Priests in their roomes , as also for banishing Dunstan the holy Abbot of Glastenbury out of the Realme , a great part of his Subjects hearts was so turned against him , that the Mercians and Northumbrians revolted , and swore Fealty to his younger brother Edgar , with griefe whereof , after foure yeares Raigne , he ended his life , and was buryed in the Church of the New Abbey of Hyde , at Winchester . After Edwyn , succeeded his younger brother Edgar , at the age of sixteene yeares ; but his Coronation , when , and where , and by whom , so uncertaine , that some say he was Crowned at Kingston upon Thames , by Otho Arch-bishop of Canterbury , in the first yeare of his Raigne , others say , not till the twelfth , and William of Mamesbery , not till the thirtyeth : Another Chronicle saith , in his eleventh yeare ; and that in the City of Bathe , by the hands of Dunstan Arch-bishop of Canterbury . This King , by reason of the tranquillity of his Raigne , was surnamed the Peaceable ; for as he was something inclined to the Danes , so the Danes never offered to stirre in all his time ; and as for the Saxons , they acknowledged him their sole Soveraigne , without division of Provinces or Titles . His Acts were , some Vertuous , some Politick , some Just , some Pious , and yet all these not without some mixture of vice . To represse dunkennesse , which the Danes had brought in ; he ma●e a Law , Ordaining a size , by certaine pinnes in the pot , with penalty to any , that should presume to drinke deeper then the marke . It was a Politicke device which he used for the destruction of Wolves , that in his dayes did great annoyance to the Land. For , the tribute imposed on the Princes of Wales , by King Athelstan , he wholly remitted , appointing in lieu thereof a certaine number of Wolves yearely to be paid ; whereof the Prince of North-wales , for his part was to pay three hundred ; which continued for three yeares space : and in the fourth yeare , there was not a Wolfe to be found ; and so the tribute ceased . He had in his Navy Royall , three thousand and sixe hundred ships , which he divided into three parts , appointing every one of them to a severall Quarter , to scowre the Seas , and to secure the Coasts from Pirats : and left his Officers might be carelesse , or corrupted ; he would himselfe in person saile about all the Coasts of his Kingdome every Summer . It was a notable Act of Justice , that in his Circuits , and Progresses through the Country , he would take speciall account of the demeanour of his Lords ; and specially for his Judges ; whom he severely punished , if he fonnd them Delinquents . Warres he had none in all his Raigne , onely towards his end , the Welshmen moved some rebellion ; against whom he went with a mighty Army , and chastised the Authours ; but when his Souldiers had gotten great spoyles , and made prey upon the innocent Countrey people ; he commanded them to restore it all backe againe ; which , if it made some few English angry , it made the whole Country of the Welsh well pleased , and sound forth his praises . His Pious Acts were , that he built and prepared seven and forty Monasteries , and meant to have made them up fifty , but was prevented by death . But now his mixture of Vice marred all ; especially being a Vice opposite to all those Vertues , which was Lasciviousnesse . For first , he deflowred a sacred Nunne , called Wolfchild ; on whom yet he begot a Saint , the chast Edyth . After her , another Virgin , called Ethelflede , for her excellent beauty surnamed the White , on whom he begot his eldest Sonne Edward ; for which Fact he did seven yeares penance , enjoyned him by the Arch-bishop Dunstan . After this he chanced to heare of a Virgin , Daughter to a Westerne Duke , exceedingly praysed for her beauty , and comming to Andover , commanded her to his Bed. But the Mother , tender of her Daughters honour , brought in the darke her mayd to him ; who in the morning , making hast to rise , and the King not suffering her to depart , she told him what great worke she had to doe ; and how she should incurre her Ladies displeasure , if it were not done ; by which words , the King perceiving the deceit , turned it to a jest , but so well liked her company , that he kept himselfe true to her ever after , till he marryed . But now his marriage it selfe happened by a greater vice then any of these ; For hearing of the admirable beauty of El●rida , the onely daughter of Ordganus Duke of Devonshire , Founder of Tavestocke Abbey in that Country , he sent his great Favorite Earle Ethelwold , ( who could well judge of beauty ) to try the truth thereof ; with Commission , that if he found her such as Fame reported , he should seise her for him , and he would make her his Queene . The young Earle , upon sight of the lady , was so surprized with her love , that he began to wooe her for himselfe , and got her Fathers good will , so as the King would give his consent . Hereupon the Earle posted to the King , relating to him , that the Mayd was faire indeed , but nothing answerable to the Fame that went of her : yet desired the King that he might marry her , as being her Fathers heire , thereby to raise his Fortunes . The King consented , and the marriage was solemnized . Soone after , the fame of her beauty began to spread more then before , so as the King much doubting that he had beene abused , meant to try the truth himselfe , and thereupon taking occasion of hunting in the Dukes Parke , came to his house : whose comming Ethelwold suspecting , acquainted his wife with the wrong he had done both her , and the King , and therefore to prevent the Kings displeasure , intreated her by all the perswasions he could use , to cloathe her selfe in such attire , as might be least fit to set her forth ; but she considering that now was the time , to make the most of her beauty , and longing to be a Queene ; would not be accessary to her owne wrong , but decked her selfe in her richest Ornaments ; which so improved her beauty , that the King at her first sight was strucke with admiration , and meant to be revenged of his persidious Favourite ; yet dissembling his passion , till he could take him at advantage , he then with a Javelin ran him through ; and having thereby made the faire Elfrid a Widow , tooke her to be his Wife . This King founded the Monastery of Ramsey in Hamshire , Raigned sixteene yeares , Lived seven and thirty , and with great Fun●rall pompe was buryed in the Abbey of Glastenbury . He had children by his first wife Ethelfleda , one sonne named Edward ; and by his second wife Elfrid , two sons , one named Edmund , who dyed young , the other Ethelred . He had also one naturall Daughter , named Edgyth , by a Lady named Wolfchild , the daughter of Wolholme , the sonne of Birding , the sonne of Nesting ; which two latter beare in their names , the memory of their Fortunes ; the last of them being found in an Eagles nest , by King Alfred as he was a hunting . This Edgyth built the Monastery and Church of Saint Dennis at Wilton , and was there buryed . After the death of King Edgar , succeeded his sonne Edward , but not without some opposition , for Queene Elfrid combined with divers of the Lords , to make her Sonne Ethelred King , saying that Prince Edward was illegitimate ; on the other side , the Arch-bishop Dunstan , and the Monkes stood for Edward , abetting his Title as being lawfully borne ; but while the Counsell was assembled to argue their Rights , the Arch-bishop came in with his Banner and Crosse , and not staying for debating De Iure , De Facto presented Prince Edward for their lawfull King , and the Assembly consisting most of Clergy men , drew the approbation of the rest ; and thereupon Prince Edward was admitted , being but twelve yeares of age , and was Crowned King at Kingstone upon Thames , by Arch-bishop Dunstan , in the yeare 975. In the beginning of his Raigne , it fell into debate whether marryed Priests were to be allowed to live in Monasteries upon the revenues of the Church . The Mercian Duke Alferus , favouring the cause of the marryed Priests , destroyed the Monasteries in his Province , cast out the Monkes , and restored againe the ancient revenues to the Priests and their wives . On the other side , Edelwyn Duke of the East Angles , and Brithnoth Earle of Essex , who stood for the Monkes , cast marryed Priests out of their Provinces . The matter being debated in a Councell at Westminster , the Monkes cause was like to have the foyle , till it was referred to the Rood , placed on the Refectory wall , where the Counsell sate . For to this gréat Oracle , Saint Dunstan desired them devoutly to pray , and to give diligent eare for an Answer ; when suddenly a voyce was heard to say , God forbid it should be so , God forbid it should be so . This was thought authority sufficient , to suppresse the Priests , till they perswading the people , that this was but a cunning practise of the Monkes , in placing behind the wall , a man of their owne , who through a Trunke uttered these words in the mouth of the Rood , whereupon another Assembly was appointed at Cleve in Wiltshire , whither repaired the Prelates , with most of all the Lords and Gentlemen of the Kingdome . The Synod being set , and the matter at the heighth of discussing , it happened that the Joysts of the roome , where the Synod was held , suddenly brake , and the floore with all the people thereon , fell downe , whereof many were hurt , and some slaine . Onely the Arch-bishop Dunstan then President , and mouth for the Monkes , remained unhurt ; which whether it were done by practise , or were miraculous , it served the Monkes turne for justifying their cause ; and marryed Priests were thereupon discarded . It were infinite and indeed ridiculous , to speake of all the Miracles reported to be done by this Saint Dunstan , which may be fit for a Legend , but not for a Chronicle . But now a most lamentable dysaster , comes to be remembred : For King Edward , hunting one time in the Island of Purbacke : not farre from Corfe Castle ; where his mother in Law Queene Elfrid , with his brother Prince Ethelred , were then residing , he out of his love to both , would needs himselfe alone goe visit them ; where the cruell woman , out of ambition to bring her owne Sonne to the Crowne , caused one to runne him into the backe with a knife , as he was drinking a cup of Wine on horse backe at his departing , who feeling himselfe hurt , set spurres to his horse , thinking thereby to get to his company , but the wound being mortall , and he fainting thorow losse of much blood , fell from his Horse ; but one foote being intangled in the stirrup , he was thereby rufully dragged up and downe , through Woods , and Lands : And lastly left dead at Corfes gate ; for which untimely death , he was ever after called by ●he name of Edward the Martyr . He Raigned onely three yeares and ●ix moneths , and was Buryed first at Winchester , without all Funerall pompe ; but after three yeares , by Duke Alferus removed , and with great solemnity interred in the Minster of Shaftsbury . Queene Elfrid , to expiate this her bloody fact , built the two Monasteries of Almesbery , and Worwell , in the Counties of Wil●shire , and Southampton , in which latter , with great repentance , she lived till her death . After the death of Edward the Martyr , dying at the age of sixteene yeares , his halfe brother Ethelred , at the age of twelve yeares , in the yeare 979. was Crowned King at Kingston upon Thames , by Dunstan Arch-bishop of Canterbury , though much against his will ; which King , by reason of his backwardnesse in Action , was commonly called the Unready . Before whose time , for two and twenty yeares past● ; the Danes had lived as quiet Inmates with the English , but whether weary of so long doing nothing , or finding now opportunity of doing something , in the second yeare of this King , they begin to stirre , and inviting from home more forces , who in seven Ships arrived upon the Coast of Kent , they spoyled all the Country , specially the Isle of Thanet , and continued this course of forraging the Kingdome , sometimes in one part , and sometimes in another , for eleven yeares together : till at last in the yeare 991. the King , by advice of his Lords , of whom Siricius , the now Arch-bishop of Canterbury was chiefe , was contented to pay them ten thousand pounds , upon condition they should quietly depart the Realme . This served the turne for the present , but was so farre from satisfying them , that it did but give them the greater appetite : for the yeare following they came againe , and that with a greater Fleet then before , against whom the King prepared a competent Navy , and committed it to Elfricke , Earle of Mercia , but he proving treacherous ( as indeed all other for the most part did , whom the King imployed against the Danes , as with whom they were allyanced in blood ) the Dan●s so prevailed● that for the next Composition , they had sixteene thousand pounds given them , and a yeare after , twenty thousand ; and so every yeare more and more , till it came at last to forty thousand : by which meanes , the Land was emptyed of all Coyne , and the English were brought so low , that they were faine to Till , and Eare the Ground , whilest the Danes sate idle , and ate the fruite of their labours ; abusing the Wives and Daughters of their Hosts where they lay , and yet i● every place , for every feare , were called Lord-Danes ; ( which afterward became a word of derision , when one would signifie a lazy Lubber . ) In this distressed state , the King at last bethought himselfe of a course : He sent forth a secret Commission , into every City within his Dominions , that at an appointed time , they should massacre all the Danes that were amongst them ; The day was the thirteenth of November , being the Festivall of Saint Bricius , in the yeare 1002. His command was accordingly performed , and with such rigour , that in Oxford the Danes for refuge tooke into the Church of Saint Frideswyde , as into a Sanctuary , when the English , neither regarding Place nor Person , set the Church on site , wherein many of the Danes were burnt , and the Library thereof utterly defaced . And who would not now thinke , but that England by this Fact had cleane shaken off the Danish yoke for ever ? yet it proved cleane otherwise : For the newes of this massacre , adding a new edge of revenge , to the old edge of ambition : made the Danes sharper set against the English , then ever they had beene before ; so as the yeare following , their King Sweyne , with a mighty Navy , entred the Country , razed , and levelled with the ground the City of Exceter , all along from the East Gate to the West ; against whom the King levyed an Army , and made Generall over it , the Earle Edricke , his great Favourite ; whom he had created Duke of Mercia ; and given him his Daughter Edgyth in marriage ; yet all this great favour could not keepe him from being treacherous , for being sent Embassadour to the Danes , to mediate for Peace , he revealed to them the weaknesse of the Land , and treacherously disswaded them from consenting to any Truce . Upon this King Ethelred gave order , that every three hundred and ten Hydes of Land should build a Ship , and every eight Hydes , finde a compleat Armour furnished , yet all this great preparation came to nothing , but onely to make a shew . After this , the King seeing no end of their invasions , nor promise kept upon any composition ; ( for three Danish Princes , with a great Fleet , were now newly arrived ) He intended to adventure once for all , and to commit his cause to God , by the fortune of a Battaile . To which end he secretly gathered a mightily Power , and comming unlooked for , when the Enemy was unprepared , he had certainely given an end to the Quarrell , if the wicked Edricke had not disswaded him from fighting , and put him into a causelesse feare , by forged tales . After this , the Danes forraged many Countryes ; burnt Oxford , The●ford , and Cambridge : and lastly entred Wiltshire , which was the seventh shire in number , they had laid waste like a Wildernesse . The yeare after , they make a new Expedition , and besiege Canterbury ; which by treason of a Church-man they wonne , tooke Alphegus the Arch-bishop , and flew nine hundred Monkes , and men of Religion , besides many Citizens , without all mercy ; for they Tythed the people , slaying all by nines , and reserving onely the tenth to live ; so that of all the Monkes in the Towne , there were but foure saved , and of the Lay people , foure thousand eight hundred , by which account Master Lambert collecteth , that there dyed in this Massacre , three and forty thousand , and two hundred persons . The Arch-bishop Alphegus , for that he refused to charge his Tenants with three thousand pounds to pay for his ransome , they most cruelly stoned to death at Green●wich . Turkillus the leader of these murtherers , tooke into his possession all Norfolke and Suffolke , over whom he tyrannized in most savage manner ; the rest compounding with the English for eight thousand pounds , quietly for a while sojourned among them . The yeare following came King Sweyne againe , and with a great Navy arrived in the mouth of Humber , and landed at Gainsborough , to whom the Northumbrians , and the people of Lindsey , yeelded themselves ; So that now over all the North from Watlingstreete , he Raigned sole King , and exacted pledges of them for their further obedience . From the North he passed into the South , subduing all before him , till he came to London , where he was so valiantly encountred by the Londoners , that he was glad to retire , in which retyring notwithstanding he entred Bathe ; where Ethelmore Earle of Devonshire , with his Westerne people , submitted himselfe to him . Yet after this , betweene him and the English was strucke a fierce battaile , which had beene with good successe , if the treachery of some in turning to the Danes , had not hindered it . After this the Danes proceeded on victoriously , and had gotten most part of the Land , and even London also by submission : whereupon the unfortunate King Ethelred sending his Wife Emma , with her two sonnes , Edward and Alfred , to her Brother , Duke of Normandy , himselfe also the Winter following passed thither , leaving the Danes Lording it in his Realme . Sweyne now as an absolute King , extorted from the English both Victuals , and Pay for his Souldiers ; and demanding such a Composition for preserving of Saint Edmunds Monastery in Suffolke , as the Inhabitants were not able , and therefore refused to pay ; he thereupon threatned spoyle , both to the Place , and to the Martyrs bones there interred , when suddenly , in the middest of his jollity ( saith Hoveden ) he cryed out , that he was strucke by Saint Edmund with a sword , being then in the midst of his Lords : and no man seeing from whose hand it came , and so with great horrour and torment , three dayes af●er ; upon the third of February , he ended his life at Thetford , or ( as others say ) at Gaynsborough . And now who would not thinke , but this was a faire opportunity offered to the English , to free themselves wholly from the Danish yoke ? but when all was don● , either crossed by treachery , or frustrated by misfortune , nothing prospered . I● is true , upon this occasion of Sweynes death , King Ethelred returned out of Normandy , but at his comming , Canutus the sonne o Sweyne , had gotten the peopl● of Lindsey to be at his devotion , and to find him both Horse and Men against their owne King ; so as Ethelred was now to encounter as well his owne Subjects● as the Danes , which he did so valiantly , that he made Canutus glad to returne into Denmarke , as utterly hopelesse of any good to be done in England . And now one would certainely thinke the Danes had beene removed , Roote and Branch , out of England , and never like to trouble the Land any more ; and indeed there was all the appearance of probability for it that could be . But it is a true saying , That which will be , shall be , let all be done that can be . For now Turkill the Dane , who had before revolted to King Ethelred , growing sensible of his fault , which was this , or no way to be redeemed ; and tender of his Countrymens case , which was now or never to be helpt ; with nine of his Ships sailed into Denmarke , and first excusing himselfe to Canutus for his former defection , as though he had done it of purpose , to learne all advantages against the English , which now he could discover to him , he so prevailed with Canutus once againe to try his fortune , that with a Navy of two hundred Ships he set saile for England , and landed at Sandwich , where he gave the English a great overthrow , and passed victoriously through the Counties of Dorset , Somerset , and Wilts . When ( Ethelred lying dangerously sicke at Cossam ) the managing of the Warre was committed to Prince Edmund his sonne , who preparing to give the Danes battaile , had suddenly notice given him , that his Brother in Law Edricke , meant to betray him into his Enemies hands , which made him suspend his proceeding ; and Edricke perceiving his designe to be discovered , cast off the masque , and with forty of the Kings ships fled openly to the Enemy ; and thereupon , all the West Countries submitted themselves unto Canutus . By this time King Ethelred having recovered his sicknesse , prepared to goe on with the Battaile , which his sonne Edmund had intended , but his Forces being assembled , he likewise had suddenly notice given him , that his Subjects meant to betray him to the Danes . Hereupon he withdrew himselfe to London , as the place in which he most confided ; where falling into a relapse of his former sicknes , he ended his unfortunate dayes , in the yeare 1016. when he had Raigned 37. yeares ; and was buried in the Cathedrall Church of Saint Paul , whose bones as yet remaine in the North wall of the Chancell , in a chest of gray Marble ; adjoyning to that of Sebba King of the East Saxons . He had by his two Wives , eight Sonnes , and foure Daughters ; of whom , his youngest named Goda , was marryed to one Walter de Maigne , a Nobleman of Normandy ; by whom she had a sonne named Rodolph , which Rodolph had a sonne named Harold , created afterward by King William the Conquerour , Baron of Sudeley , in the County of Glocester , and Ancestor to the Barons of that place succeeding , and of the Lord Chandowes of Sudeley now being . Ethelred being dead , his third sonne Edmund called Ironside ( of his ability in enduring labour ) but the eldest living at his fathers death , succeeded , and was Crowned at Kingston upon Thames , by Levingus Archbishop of Canterbury , in the yeare 1016. A great part of the English both feared and favoured , and indeed out of feare favoured Canutus ; especially the Clergy , who at Southampton ordained him their King , and sware Feaalty to him : but the Londoners stood firme to Prince Edmund , and were the principall authors of his Election . Canutus before the death of King Ethelred , had besieged the City , and now with a large Trench encompassed it : but the new King Edmund comming on , raised the siege , and made Canutus flie to the Isle of Sheppey , where having stayed the winter , the Spring following , he assayled the West of England , and at Penham in Dorse●shire , a battaile was fought , and the Danes discomfitted . After this , in Worc●stershire at a place called Sherostan , another battaile was fought , where the Danes were like againe to be discomfited , but the traiterous Edrick perceiving it , he cut off the head of a souldier like unto King Edm●nd both in haire and countenance , and shaking his bloody sword , with the gasping head , cried to the Army of the English , Fly ye wretches flie , & get away , for your King is slain ; behold , here is his head : but King Edmund having notice of this treacherous stratagem , hasted to shew himself where he might best be seen : whose sight so encouraged his men , that they had gotten that day a finall Victory , if night had not prevented them . Duke Edrick excused his fact , as being mistaken in the countenance of the man , and desirous to save the blood of the English ; upon which false colour hee was received into favour againe . After this , Canutus secretly in the night brake up his Campe , and marched towards London , which in a sort was still besieged by the Danish ships : but King Edmund hearing of his departure , followed him , and with small adoe removed the siege , and in Triumphant manner entred the City . After this , neere unto Otford in Kent , was another great battaile fought , in which Canutus lost foure thousand five hundred men , and King Edmund onely six hundred ; the rest of the Danes saving themselves by ●light ; whom if King Edmund had pur●ued , it is thought that day had ended the warres betweene these two Nations for ever . But the ever traiterous Edrick , kept King Edmund from pursuing them , by telling him of Ambushes and other dangers : So as Canutu● had leisure to passe over into Essex , but thither also King Edmund followed him ; where at Ashdone three miles from Saffron Walden , another battaile was fought , in which ●he Danes being at the point to be overthrowne , the traiterous Edrick with all his Forces revoulted to their side , by which treachery the English lost the day . There died of King Edmunds Nobility , Duke Alfred , Duke Goodwyn , Duke Athelward , Duke Athelwyn , Earle Urchill , Codnoth Bishop of Lincolne , Woolsey Abbot of Ramsey , with many other . The remembrance of which battaile is retained to this day , by certaine small hils there remaining , whence have beene digged the bones of men , Armour , and horsebridles . After this ; at Dereherst neere to the river Severn● , another battaile was ready to be fought ; when suddenly a certaine Captaine steps forth , and for saving of blood u●ed great perswasions , that either they should try the matter by single Combat , or else divide the Kingdome betwixt them . Upon this the Combat is agreed on , and the two Princes entering into a small Island called Alney , adjoyning to the City of Glocester , in compleat Armour assayled each other , at first on horsebacke , and after on foote : when Canutus having received a dangerous wound , and finding himselfe overmatched in strength , desired a Compromise , and with a loud voyce used these words . What necessity should move us most Valiant Prince , for obtaining of a Title to endanger our lives ? were it not better to lay malice aside , and condescend to a loving agreement ? let us therefore become sworne brothers , and divide the Kingdome between us . This motion was by King Edmund accepted , and thus was the Kingdome divided betweene these two Princes ; Edmund enjoying that part which lies upon the coast of France , and Canutus the rest . But now Duke Edrick hath his last and greatest Act of treachery to play : for King Edmund being retired to a place for natures n●cessity , he thurst from under the draught a sharpe speare into his body , and then cutting off his head , presented it to Canutus , with these fawning words , All hayle , thou sole Monarch now of England , for here behold the head of thy Copartner , which for thy sake I have adventured to cut off . Canutus though ambitious enough of soveraignty , yet aba●hed at so disloyall a fact , replyed and vowed , that in reward of that service his own head should bee advanced above all the Peeres of his Kingdom , which soone after he performed ; for by his command the false Edricks head was cut off , and placed upon the highest gate in London . The death of this King in this manner , some say was acted at Oxford ; other , that he died of naturall sicknesse in London , but howsoever he came to his death , his Raigne was but onely seven months , & his body was buried at Glasten●ury , neere to his Grandfather King Edgar . This King Edmund had by his wife Algyt● , two sonnes ; the eldest named Edward , surnamed the Outlaw , because he lived out of England in Hungary as a banished man , for feare of King Canutus : but when his Uncle King Edward the Confessor , had obtained the Crowne , he was recalled , and honourably entertained till he died . He married Agatha , sister to Queene Sophia , wife to Salomon King of Hungarie , and daughter to the Emperour Henry the second ; by whom he had Edgar surnamed Atheling , the right Heire of the English Crowne , though he never enjoyed it . King Edmund had also two daughters , Margaret and Christian , of whom the younger became a Veyled Nunne at Ramsey in Hampshire ; the elder Margaret , after sole Heire to the Saxon Monarchie , married Malcolme the third King of Scotland , from which Princely bed in a lineall Descent , our High and Mighty Monarch King Iames the first , doth in his most Royall person , unite the Britaines , Saxons , Normans , and Scottish Imperiall Crownes in one . Of the first Danish King in England . CAnutus being possest of halfe the Kingdome by composition with King Edmund , now after his death seised upon the whole , and to prevent all further question , he called a Councell of the English Nobility , wherein it was propounded , whether in the agreement betwixt Edm●nd and him , any claime of Title to the Crowne had beene reserved for King Edmunds brethren or sonnes : to which ( not daring to say otherwise ) they absolutely answered no , and thereupon tooke all of them the Oath of Allegeance to Canutus . Being thus cleered of all Opposites he prepared with great solemnity for his Coronation , which was performed at London , by the hands of Levingus surnamed Elstane , Archbishop of Canterbury , in the yeare 1017. being the first Dane that Raigned Monarch of England . But Canutus not thinking himselfe sufficiently safe , as long as any that might pretend , were in the peoples eye , caused first Edwyn the sonne of King Ethelred , and brother of Edmund , to abjure the Realme , who was yet afterward recalled , and treacherously murthered by his owne men , and his body buried at Tavestock in Devonshire . Next were the two sonnes of Edmund Ironside , Edward and Edmund , whom to the end the people might not see him shed the blood of Innocents , he sent to his halfe brother King of Sweden to be made away . Then remained Edward and Alfred , the sonnes of King Ethelred , and them their mother Queene Emma had sent away before to her brother the Duke of Normandie , there to be in safety : so as none of the Royall blood was now left in the land , to give Canutus any feare of competition . After this , he tooke to wife the vertuous Lady Emma , the Relict of King Ethelred , by which match he procured to himselfe three great benefits : one that hee wonne the love of the people by marrying a Lady whom they so entirely loved ; another , that he got the Alliance of the Duke of Normandi● , a neighbou●ing Prince of great power ; the third , that by marrying the mother , hee secured himselfe against the sons : as likewise Queene Emma was not unwillingly perswaded to the match , upon agreement to make her issue , if he had any by her , to inherit the Crowne of England . And to winne the love of the people more , hee caused great numbers of his Danes , who pestered the Country , to return home , bestowing amongst them for their satisfaction foure score and two thousand pounds . And to winne the love of the people yet more , he now set himselfe to the making of good lawes● in a Parliament at Oxford , whereof , for a Patterne of those times , some that concerne Religion , may not unfitly be here related . First , for the celebration of divine Service , it was ordained , that all Ceremonies tending to the encrease of reverence & devotion should bee used as need required . Secondly , that upon the Sabbath day , all publike Faires , Markets , Synods , Huntings , and all secular actions should be forborne , unlesse some urgent necessity should require it . Thirdly , that every Christian should thrice in the yeare receive the blessed Sacrament of the Lords Supper . Fourthly , that if a Minister of the Altar killed a man , or committed any notorious crime , he should bee deprived both of his Order and Dignity . Fifthly , th●t a married woman convict of adultery , should have her nose and eares cut off . Sixthly , That a widow marrying within a twelvemonth after her husbands decease , should lose her Joynture . These and many other good lawes were made , whereby the kingdome remained during all his time , in a most peaceable state and government . In the third yeare of his Raign , he heard how the Vandales taking advantage of his absence , had entred Denmarke , and annoyed his subjects ; whereupon with a great Army of English hee passed over the Seas , and gave them battaile , but with ill successe the first day ; when preparing for the next dayes battaile , the Earle Goodwyn who was Generall of the English , secretly in the dead of the night , set upon the Vandals Campe , & with a great slaughter of their souldiers , made their two Princes Ulfus and Anlave , to flie the field . In the morning it was told Canutus , that the English were fled , for that their station was left , and not a man of them to be found , which did not a little trouble his patience : but he going in person to see the truth , found the great overthrow the English had given , for which service ever after , hee held the English , and especially the Earle Goodwyn in great estimation . After this , returning home hee made a prosperous Expedition against Malcolme King of Scots ; and at last , in the fifteenth yeare of his Raigne , wearied with the honourable troubles of the world , and out of devotion , he tooke a Journey to Rome , to visit the Sepulchre of St. Peter and Paul , from whence he writ to the Bishops and Nobility of England , that they should carefully administer Justice , and never seeke to advance his profit by any undue wayes , or with the detriment of any man. At his returne frō Rome , he built in Essex the Church of Ashdone , where he got the victory against King Edmund ; in Norfolke , the Abbey of St. Benets , which Saint he greatly reverenced ; and in Suffolke the Monastery of St. Edmund , which Saint he deadly feared . To the Church of Winchester hee gave many rich Jewels , whereof one was a Crosse , valued to be worth as much as the whole Revenue of England amounted to in one yeare . To Coventry he gave the arme of the great St. Austin , which he bought at Pavia in his returne from Rome , for which he payd an hundred Talents of silver and one of gold . One strange Act is recorded , which he did for convincing his fawning flatterers , who used to tell him that his power were more then humane . For being one time at Southampton , he commanded that his chaire of State should be set on the shoare when the Sea began to flow , and then sitting downe there in the presence of his many attendants , he spake thus to that Element : I charge thee that thou presume not to enter my Land , nor wet these Robes of thy Lord that are about me . But the Sea giving no heede to his command , but keeping on his usuall course of Tyde , first wet his skirts , and after his thighes , whereupon suddenly rising , he thus spake in the hearing of them all . Let all the worlds Inhabitants know , that vaine and weake is the power of their Kings ; and that none is worthy of the name of King , but he that keepes both heaven and earth and sea in obedience . After which time he would never ●uffer the Crowne to be set upon his head , but presently Crowned therewith the Picture of Christ on the Crosse at Winchester : from which example arose perhaps the custome , to hang up the Armour of Worthy men in Churches , as Offerings consecrated to him who is the Lord of battaile . When he had Raigned nineteene yeares , he deceased at Shafte●bery in the County of Dorset , the twelfth of November , in the yeare 1035. and was buried in the Church of the old Monastery at Winchester , which being after new built , his bones with many other English Saxon Kings , were taken up , and are preserved in gilt Coff●rs , fixed upon the wals of the Quire in that Cathedrall Church . He had by his two wives , three sonnes , Sweyne , and Harold by his first wife Alfgive ; and Hardicnute by his second wife Queene Emma , and two daughters , of whom the eldest , called Guinhilda , was married to the Romane Emperour Henry the third , who being accused of adultery , and none found to defend her cause , at last an English Page adventured to maintaine her Innocency against a mighty Gyantlike-Combatant ; who in fight , at one blow cutting the sinewes of his adversaries legge , with another he felled him to the ground , and then with his sword taking his head from his shoulders , redeemed both the Empresses life and honour . But the Empresse after this hard usage forsooke her husbands bed , and tooke upon her the Veyle of a Nun , in the Towne of Burges in Flanders , where she devoutly spent the r●st of her life . Of the second Danish King in England . KIng Canutus dying left his Kingdome of Norway , to his eldest Son Sweyn● , and his Kingdome of England , to his youngest Sonne Hardikn●te , whom he had by his wife Emma , but he being at the time of his Fathers death in Denmarke , Harold his elder Brother , by a former wife , taking advantage of his absence , layes claime to the Crowne . For determining of which Right , the Lords assembled at Oxford , where Queene Emma pleaded for her sonne Hardiknute , urging the Covenant of Can●tus at their marriage , and his last Will at his death ; as also Earle Goodwyn of Kent did the like , being left Guardian of her Children , and keeper of his last Will. But Harolds presence , together with the favour of the Londoners , Danes , and Northumbrians , so wrought with the Lords , that the absent Hardiknute was neglected , and Harold was Proclaimed and Crowned King at Oxford , by ●lnothus Arch-bishop of Canterbury , in the yeare 1036. Harold having now attained the Crowne , was not so jealous of his Brother Hardiknute , as of his mother in Law Queene Emma , and her Sonnes by King Ethelre● who were beyond Sea , and therefore how to secure himselfe against these , was his first care . For effecting whereof , he framed a Letter , as written by Queene Emma , to her two Sonnes Edward and Alfred ; instigating them to attempt the Crown usurped by Harold , against their Right : to which letter , comming first to the hands of Alfred , he suspecting no fraud , returned Answer , that he would shortly come over , and follow her Counsaile . And thereupon with a small Fleet , and some few souldiers , lent him by Baldwyn Earle of Flaunders , he tooke the Sea for England , where comming to shoare , Earle Goodwyn met him , and bound himselfe by Oath to be his guide to his Mother Queene Emma , but being wrought firme for Harold , he led him and his company a contrary way , and lodged them at Guilford , making knowne to King Harold what he had done , who presently committed them all to slaughter , sparing onely every tenth man , for service or sale . Prince Alfred himselfe he sent Prisoner to the Isle of Ely , where having his eyes inhumanely put out , in griefe and torment he ended his life . Some adde a more horrible kind of cruelty , as that his belly was opened , and one end of his bowels drawne out , and fastned to a stake , his body pricked with Needles , or Poignards , and forced about , till all his Entrailes were extracted . This done , he then set upon Queene Emma , confiscated her Goods , and banished her the Realme . And now further to secure himselfe , he kept the Seas with sixteene Danish Ships , to the maintenance whereof , he charged the English with great payments ; by which , if he procured the safety of his Person , he certainly procured the hatred of his Subjects . This King for his swiftnesse in running was called Harefoot ; but though by his swiftnesse he out-runne his Brother for the Kingdome , yet could he not runne so fast , but that death quickely overtooke him ; For having Raigned onely foure yeares and some moneths , he dyed at Oxford● and was buryed at Westminster ; having never had Wife or Children . Of the third and last Danish King in England . KIng Harold being dead , the Lords to make amends for their former neglect , send now for Hardiknute , and offer him their Allegeance , who accepteth their offer , and thereupon taking Sea , arrived upon the Coast of Kent , the sixth day after he had set saile out of Denmarke ; and with great pompe conveyed to London , was there Crowned King by Elnothus Arch-bishop of Canterbury , in the yeare 1040. His first Act , was to be revenged of his deceased brother Harold , whose body he caused to be digged up , and throwne into the Thames , where it remained till a Fisherman found it , and buryed it in the Church yard of Saint Clement without Temple Barre , commonly called Saint Clement Danes , because it was the burying place of the Danes , as some write . But towards his Mother , and halfe Brother Prince Edw●rd , he shewed true naturall affection , inviting them both to returne into England ; where he received them with all the honour , that from a Sonne or Brother could be expected . But now , as the King Harold , for his swiftnesse in running was surnamed Harefoo●e ; So this King for his intemperance in dyet , might have been surnamed Swines-mouth , or Bocc●di Porco ; for his Tables were spread every day foure times , and furnished with all kindes of curious dishes , as delighting in nothing but Gormandizing and Swilling ; and as for managing the State , he committed it wholly to his Mother Q●eene Emma , and to the politicke Earle of Kent , Godwyn ; who finding this weaknesse in the King , began to thinke himselfe of aspiring● and to make the better way for it , he sought by all meanes to alien the Subjects hearts from the Prince , amongst other courses , he caused him to lay heavy Taxes upon them ; onely for Ship-money to pay his Danes , amounting to two and thirty thousand pounds : which was so offensive to the people , that the Citizens of Worcester slew two of his Officers , Thursta● and Fe●dax , that came to Collect it . But this King had soone the reward of his Intemperance ; For in a Solemne Assembly and Banquet at Lambeth , Revelling and Carowsing , he suddenly fell downe without speech , or breath , after he had Raigned only two yeares , and was buryed at Winchester . His death was so welcome to his Subjects , that the day of his death , is to this day commonly celebrated with open pastimes in the street , and is called Hocks-tide , signifying scorning or contempt , which fell upon the Danes by his death . For with him ended the Raigne of the Danes in England ; after they had miserably afflicted the kingdome , for the space of two hundred and forty yeares , though in Regall Government , but onely six and twenty . Of English Kings againe , and first of Edward the Confessour . KIng Hardiknute dying without issue , as having never beene marryed , and the Danish line cleane extinguished , Edward , for his Piety called the Confessour , halfe Brother to the deceased Hardiknute , and sonne to King Ethelred by his Wife Queene Emma , was by a generall consent admitted King of England , and was Crowned at Winchester by Edsyne Arch-bishop of Canterbury , on Easter day , in the yeare 1042. being then of the age of forty yeares . He was borne at Islip , neare to Oxford , and after his Fathers death , for safety sent into France , to the Duke of Normandy his Mothers Brother , from whence he now came , to take upon him the Crowne of England . His Acts for gaining the Peoples love , were first , the remitting the yearely tribute of forty thousand pounds , gathered by the name of Danegilt , which had beene imposed by his Father , and for forty yeares together paid out of all mens Lands , but onely the Clergy ; and then , from the divers Lawes of the Mercians , West Saxons , Danes , and Northumbrians , he selected the best , and made of them one Body certaine , and written in Latine , being in a sort the Fountaine of those which at this day we tearme the Common Lawes , though the formes of pleading , and processe therein , were afterward brought in by the Conquerour . The Raigne of this King was very peaceable : Onely in his sixth yeare , the Danish Pirates entred the Port of Sandwich ; which with all the Sea-coast of Essex they spoyled , and then in Flanders made merchandise of their prey . As likewise the Irish , with thirty ships entred Severne , and with the assistance of Griffyth King of Southwales , burnt or ●lew all in their way , till at last , Reese the brother of Griffyth was slaine at B●lenden , and his head presented to King Edward at Glocester . His Domesticall troubles were onely by Earle G●dwyn and his sonnes ; who yet after many contestations and affronts , were reconciled , and Godwyn received againe into as great favour as before . But though King Edward forgave his Treasons , yet the Divine Providence did not ; for soone after , as he sate at Table with the King , on Easter Munday , he was suddenly strucken with death , and on the Thursday following dyed , and was buryed at Winchester . Some make his death more exemplar ; as that justifying himselfe for Prince Alfreds death , he should pray to God , that if he were any way guilty of it , he might never swallow downe one morsell of bread , and thereupon by the just Judgement of God , was choaked by the first morsell he offered to eate . In this Kings time , such abundance of snow fell in Ianuary , continuing till the middle of March following , that almost all Cattell and Fowle perished , and therewithall an excessive dearth followed . Two Acts are related of this King , that seeme nothing correspondent to the generall opinion had of his Vertue , one concerning his Mother , the other touching his Wife . That concerning his Mother Queen Emma was this , that because after King Ethelreds death , she marryed the Danish King Canutus , and seemed to favour her issue by him , more then her issue by King Ethelred , therefore he dispossest her of all her Goods ; and committed her to custody , in the Abbey of Worwell ; and more then this , so farre hearkned to an aspersion cast upon her , of unchaste familiarity with Alwyne Bishop of Winchester , that for her Purgation , she was faine to passe the tryall of Fire Ordeall , which was in this manner ; nine Plow-shares red hot we●e laid in unequall distance , which she must passe bare-foote and blindfold ; and if she passed them unhurt , then she was judged Innocent , if otherwise , Guilty . And this tryall she passed , and came off fairely , to the great astonishment of all beholders . The other touching his Wife was this ; He had marryed Editha the beautifull , and indeed vertuous daughter of the Earle Godwyn , and because he had taken displeasure against the Father , he would shew no kindnesse to the daughter ; he had made her his wife , but conversed not with her as his wife , onely at board , bu● not at Bed , or if at bed , no otherwise then David with Abishagh , and yet was content to heare her accused of Incontinency , whereof if she were guilty , he could not be innocent . So as , what the vertues were , for which after his death , he should be reputed a Saint , doth not easily appeare . It seemes he was chaste , but not without injury to his wife ; Pious , but not without ungratefulnesse to his Mother ; Just in his present Government , but not without neglect of Posterity ; for through his want of providence in that point , he left the Crowne to so doubtfull succession , that soone after his decease it was translated out of English into French , and the Kingdome made servile to a fourth forraine Nation . One Ability he had which raised him above the pitch of ordinary Kings , and yet at this day is ordinary with Kings , that by his onely touching and laying his hand upon it , he cured a Disease , which from his Curing , is called The Kings Evill . His Mother Queene Emma , in memory of the nine Plow-shares she had passed in her Tryall , gave nine Manors to the Minster of Winchester , and himselfe remembring the wrong he had done her , bestowed on the same place , the Island of Portland in Dorsetshire , being about seven miles in compasse . He made also of a little Monastery in the West of London● by the River of Thames , a most beautifull Church , ( called of the place Westminster ) where he provided for his owne Sepulchre , and another Dedicated to Saint Margaret , standing without the Abbey . This of Westminster he endowed with many rich revenues , and confirmed his Charters under his broad Seale , being the first of the Kings of England , who used that large and stately Impression in their Charters and Patents . He Founded also the Colledge of Saint Mary Otterey in Devonshire , and gave unto it the Village of Otereg , and removed the Bishops See from Cridington to Exceter , as to a place of farre more Dignity : and when he had Raigned the space of three and twenty yeares and six moneths , he ended his life , the fourth of Ianuary , in that roome of his Palace at Westminster , which is now called the Paynted Chamber , in the yeare 1066. and was buryed in the Church at Westminster , which he had builded . Of Harold the second English King after the Danes . KIng Edward the Confessour , being himselfe without issue , had in his life time , sent into Hungary for his Nephew Edward called the Outlaw , the sonne of Edmund Ironside ; with a purpose to designe him his Successour in the Crowne , but he dying soone after his comming into England , King Edward then gave his Sonne Edgar the name of Atheling ; as to say ; Prince Edgar meaning to designe him for his Successour , but being prevented by death , before the successour was fully established , and Edgar Atheling , though he had right , yet being young , and not of power to make good his Right , Harold the sonne of Earle Goodwyn steps into the Throne , and never standing upon ceremonies , set himselfe the Crowne upon his owne head , wherein , though as a violater of holy Rites , he offended the Clergy , yet not any either of Clergy or Layity , durst oppose him , as being at that time the most martiall man in the Kingdome ; and such a one , as the state of the Realme stood at that time in need of , and besides his owne worthinesse had the assistance of Edwyn and Marchar , the two great Earles of Yorkeshire and Chester , whose sister Algyth he had marryed . It is true withall , that King Edward had appointed the Crowne after his owne decease , sometimes to William Duke of Normandy , sometimes to Edgar Atheling , and sometimes to this Harold , so as he was Crowned by Aldred Arch-bishop of Yorke , as not comming in by intrusion or wrong , but by the appointment of King Edward , though that appointment of King Edwa●d , was rather to make him Regent , during the minority of Edgar , then to make him absolute King , but howsoever , being once in the Throne , he was then able to make his owne Title , and to make Prince Edgar some amends , he created him Earle of Oxford , which was indeed to use him like a Childe , take away a Jewell , and please him with an Apple . Yet Harold having once gotten into the Throne , he c●rryed himselfe with great Valour and Justice , for the time he sate in it , which was but very short , as being indeed but tottering from the very beginning , and that chiefly by meanes of his owne Brother To●stayne , who by diverting his Forces to suppresse a Rebellion , made him of lesse force to resist an invasion . But now that we have shewed how Harold entred the Throne , we must forbeare to shew how he was cast out , till we come to him that cast him out , who because he was not onely of another Family , but of another Nation , we must necessarily take the beginning from a deeper roote , and indeed , seeing in him , we shall joyne our Island to the Continent , which is a larger world : Our Kings hereafter , will afford a larger Extent for matter of Discourse then heretofore they have done . THE LIFE OF KING WILLIAM THE FIRST , CALLED THE CONQVEROUR . His Parentage and Descent . THere were six Dukes of Normandie in France , in a direct line succeeding from father to sonne . The first was Rollo , who of a private man in Denmarke , comming forth with the exuberancy of his Nation , wrested by force of Armes from Charles the Simple King of France , to bee made Duke of Normandy . The second was William his sonne , called Long Espee , or Long Sword. The third was Richard his sonne , called the Hardie , who had Richard , and a daughter called Emma , married to Ethelred King of England , father of Edward the Confessor . The fourth was Richard the second his sonne , called the Good. The fifth was Richard the third his sonne , who by a first wife had three sonnes , Richard , Robert and William , and by a second , two other sonnes , William Earle of Argues , and Ma●ger , Archbishop of Roan . So as Richard his eldest sonne by his first wife succeeded him by the name of Richard the fourth , and dying without issue , the Dukedome descended to Robert his second sonne by his first wife ; which Robert was father to our William the Conquerour , of whom it is thus recorded : that riding one time abroad , he happened to passe by a company of Country Maides that were a dancing , where staying a while to looke upon them , he was so taken with the handsomnesse and gracefull carriage of one of them whose name was Arlotte , a Skinners daughter , ( from whence as some thinke our word Harlot comes ) that affection commanding him , and authority her , he caused her that night to be brought to his bed ; where being together , what was done or said betweene them is no matter for History to record , though some Historians have recorded both ; making her not so modest as was fit for a Maide : onely tenne monthes after , it appeared that at this time our Duke William was begotten ; who proving a man of extraordinary spirit , we may attribute it to the heate of affection in which he was begotten . His succeeding in the Dukedome , notwithstanding his Bastardie . IT appeares by many examples , that Bastardie in those dayes was no barre to succession , till a law was afterward made to make it a barre . It brought some disgrace where the mother was meane , but no impediment where the father was Noble ; and even his Bastardie seemed to have some allay , if it be true ( as some write ) that his father tooke the said Arlotte afterward to be his wife , and yet perhaps he had not the Dukedome so much by succession , as by gift . For when hee was about nine yeares old , his father calling his Nobility together , caused them to swear Allegeance to this base sonne of his , and to take him for their Liege Lord after his decease . Neither was this in those dayes infrequent , for Princes to conferre their Principalities after their owne deceases upon whom they pleased ; counting it as lawfull to appoint successours after them , as substitutes under them ; even in our time and Kingdome , the Duke of Northumberland prevailed with King Edward the sixth , to exclude his two sisters , Mary and Elizabeth , and to appoint the Lady Iane Grey , daughter of the Duke of Suffolke , to succeed him . His Education and Tuition in his minoritie . HIs father having declared and appointed him to be his Successour , went soone after ( whether out of devotion , or to do Penance for procuring his brothers death , whereof he was suspected ) into the Holy Land , in which Journey he died , having left the tuition of his young sonne to his two brothers , and the Guardianship to the King of France , in whose Court for a time he was brought up . A strange confidence , to commit the tuition of a sonne that was base , to Pretenders that were legi●i●ate , and to a King of France , who aimed at nothing more , then to reannexe this Dukedome to his Crowne . But it seemes his confidence was grounded upon the proximitie of blood in his brothers , and upon the merits of his owne service formerly done to the King of France ; which though it proved well enough with him , yet is not to betaken into example to follow . His Troubles in his minoritie . FIrst , Roger de Tresny , who derived his Pedegree directly from Rollo , and had won much honour by his valour in the warres , ( notwithstanding the Oath of Allegeance he had formerly taken ) takes exception to his Bastardy , and invites Complices to assist him in recovering the Dukedome to ● legitimate Race : a fal●e pretext if the Fate of Duke William had not beene against it ; who though hee were himselfe but young , and could not do much in his owne person , yet the Divine Providence raised him up friends that supplied him with Assistance , and particularly Roger de Beamont , by whose valour this Roger de Tresny , with his two brothers , was defeated and slaine . After Roger de Tres●y , William de Arques his Unckle layes claime to the Dutchy , and assisted by the King of France comes to a battaile , but by the valour of Count Gyfford , the Dukes Generall , was likewise defeated : and these were troubl●s before he arrived to seventeene yeares of age . After this , one Guy Earle of Burgoigne , Grandchild to Richard the second , Duke of Normandy , grew sensible also of his Right to the Dukedome , and joyning with Viscount Neele , and the Earle of Bes●in , two powerfull Normans , conspired Duke Williams death , and had effected it , if a certaine Foole about him , had not stolne away in the night , to the place where the Duke was , and never left knocking and crying at the gate , till he was admitted to his presence , willing him to flye for his life instantly , or he would be murthered . The Duke considering that being related by a Foole , it was like to be the more palpable , and that there might be danger in staying , none in going , rode instantly away , all alone , toward Falaise , his principall Castle , but missing his way , he happ●ned to passe where a Gentleman was standing at his doore , of whom he asked the way , and was by him , as knowing him , directed ; which he had no sooner done , but the conspiratours came presently inquiring if such a one had not passed that way , which the Gentleman affirmed , and undertooke to be their guide to overtake him , but leading them of purpose a contrary way , the Duke by this meanes , came safely to F●l●ise ; and from thence journeyes to the King of France , complaining of his inj●ries ; and imploring his ayd , as one that wa●●is homager , and committed to his care● by his ●ervant his Father . The King of France moved with his distre●se , and remembrance of his Fathers meri●s , though he wish●d he was lesse then he was , yet he ●o ayded him , that he made him greater then he was ; for himselfe in person , suffering much in the Battaile , procured him the Victory . By which we may see that folly , and fortune , and even Enemies themselves are all assistants to the Destinies ; or to say better , indeed to the divine Providence . Many other affronts were offered him , some by meaner Princes ; some afterward by the King of France himselfe , who was now growne jealous of his Greatnesse ; all which he encountred with such dexterity , that made his Bastardy , as it were become Legitimate , and Vertue her selfe to grow proud of his person . His Carriage afterwards in Peace . BY this time he was come to the age of two and twenty yeares , and where all this while he had shewed himselfe a valiant Generall in Warre , he now began to shew himselfe a provident Governor in Peace , composing and ordering his state , wherein he so carryed himselfe , that as his Subjects did both feare and love him , so his Neighbouring Princes did both feare and hate him , or if not hate him , at least emulate him . His Incitements for Invading of England . HE was now growne about fifty yeares old : an Age that might well have arrested all ambitious thoughts in him , but who can thinke himselfe too old for a Kingdome ; when Galba for attaining the Romane Empire , was contented to buckle on Armour , being fourescore yeares old ? The D●ke in his time of peace came over into England to visite his cousin King Edward , who besides his Princely entertainment , made him at that time ( as some thinke ) a promise to leave him his Successour in the Kingdome ; & Harold after this , going over to the Duk● in Normandy , for procuring some friends of his to be released , the better to effect it , tooke his solemne Oath to assist him for obtaining the Kingdome . So as having the word of Edward , and the oath of Harold , he had now sufficient obligations to expect it . But hearing of the death of King Edward , and that Harold was Crowned King , he thought himselfe not more forgotten by Edward , then wronged by Harold ; and therefore sent messengers to him to put him in mind of K. Edwards P●omise , and his owne Oath : but Harold puffed up with the conceit of being a King , as though that very name were enough to expiate all breach of Oathes , and that nothing could binde him , who had now the fetters in his owne hand ; returned onely sleight answers , that his Oath was forced , and voyd in it selfe , as being made without consent of the Kingdome . Whereupon the Duke thus sleighted by Harold , endevours to make him an honest man by force , assuring himselfe , he should find him the weaker Enemy , for finding him a perjured Friend . The Reasons that facilitated his Conquest of England . DUke William incensed with Harolds answers , acquaints his Nobility with his purpose , who with some adoe consented to ayd him , as likewise many other great Lords of France , but specially Baldwyn Earle of Flanders , whose daughter he had marryed ; and who being at that time Guardian of the young King of France , procured ayde from him also ; and to make the Enterprise the more successefull , Pope Alexander the second sent him a Banner with an Agnus of Gold , and one o● the haires of Saint Peter . So as the preparation of the Duke , both by Sea and Land was very great , having three hundred saile of ships , and as some write , 890● and as one Norman , above a thousand , and as Cemeticensis , three thousand : and though Harold had likewise provided a warlike Fleet to encounter him , yet it was at tha● time unfortunately diverted another way ; for Taustay●e his Brother , being then in rebellion in the North , and Harold Harfager : King of Norway , at the same time invading those parts , and perhaps upon a bruite , that the Dukes● Fleet was not yet ready to come forth , removed both his Fleet and Army thither : where though he got the Victory at Stamford , with the death both of his Brother Toustayne , and of the King of No●way , yet it made way for the Duke to land quietly , and he entred the Kingdome , as one may enter a house , when the doores are all left open . By this meanes King Har●lds shipping , ( the best wall of defence to an Island ) was utterly frustrate : and as for his Land Forces , they were by his Battaile at Stamford , exceedingly both weakned and impaired ; yet hearing that Duke William was landed at Pemsey , not farre from Hastings in Sussex , he repaired thither with all speed , and gathering together his broken Forces , and encreasing them by all the meanes he could , made himselfe ready to give the Duke Battaile . Duke William in the meane time , as soone as he had landed his men , sent his ships presently away , that there might be no thinking of any thing , but either Death or Victory . And then going himselfe on land , it is said , his foot slipped , and he fell downe ; which some that stood by , taking for an ill signe , No ( saith he ) I have by this , taken possession of this Land. And indeed Presages are but as Animus ejus qui praesagit , as in this Dukes fall it afterwards fell out . Many wayes of composition , betweene Duke William , and King Harold were propounded , yet Harold would hearken to none , as nothing doubting of successe , and perhaps thinking it a disgrace , to capitulate for that , which was now his owne : and when one of his Brothers called Gyrth , being lesse interessed , and therefore clearer sighted , intreated him to consider what a fearefull thing it was to breake an Oath , which he so solemnely had sworne : Harold seemed to conceive , that nothing which he did , being a private man , could be of force to binde him now being a Prince ; and so on the fourteenth day of October , being Saturday , in the yeare 1066. ( which day he liked the better , because it was his Birth-day , hoping , that the day of his Birth would not so much degenerate , to prove the day of his death , though even this also bred no good blood to the Action , for the Souldiers of Harold , thinking thereby to honour their Kings Birth-day , spent the night before in revelling and drinking , where the Souldiers of the Duke , out of consideration of their next dayes worke , spent the night in quietnesse and devotion ) they joyned battaile , ( the Kentish-men being placed in the Fore-front , as by an ancient custome is their due , and King Harold with his Londoners , leading the maine Battaile ) where though their Armies were not much unequall in number , ( for they were each of them neare about threescore thou●and men ) yet there was great oddes in the expertnesse of their Souldiers , and more in the advantage of their weapons : for , the Duke had with him all the flowre of France and Flanders , where King Harold had lost his best men , in his late Battaile : and for advantage of weapons , the Normans had long Bowes and Arrowes , which of the English at that time , were not at all in use : what mervaile then that the Normans got the Victory , though King Harold losing his life , yet lost no Reputation ; and though the English Souldiers shewed no lesse valour , in being Conquered , then the Normans did in Conquering . One circumstance may not be omitted , that King ●arold as an expert Generall , had ordered his men in so firme a Body , that no force of the Normans could disorder their Rankes , till Duke William● used a Stratagem , commanding his men to retire , and to counterfeit flight ; by which he drew the English on , upon a hollow ground , covered with earth , whereinto many of them fell , and perished , and besides into an ambush of his Horsemen , which unexpectedly fell upon them , and cut them in pieces . Withall , there seemes one great errour to have beene committed ( at least , if it were an errour , and not rather a nece●sity ) that there was not a supplementall Army provided ; ( as his Brother Gyrth would have had it ) which might have come on if the first had failed , and would have beene of great advantage against a wearyed Army . But when Sic visum est superis , all humane force is weake and cannot withstand , all humane Providence is unprovided , and cannot prevent . The body of Harold at his Mother Thyrace suite was recovered , and lyes buryed in Waltham Abbey , which he had begunne to build , at least to repaire . But here Gyraldus Cambrensis tels a strange story , that Harold was not slaine in the Battaile , but onely wounded and lost his left eye , and then escaped by flight to Chester , where he afterwards led a holy Anchorets life . How Duke William proceeded after his victory at Hastings . AS his Valour wonne him the Victory , so his Victory wonne him a Crowne ; that now of an old Duke , he was suddenly become a young King : and indeed , nothing so much renues life , and makes the yeares in a manner young againe : as addition of Honour , specially when it is the fruite of merit . First therefore , having given publicke thankes to God for his happy successe , he led his Army towards London , not the direct way ( perhaps doubting some new Encounter ) but coasting about through part of Kent , through Sussex , Surrey , Hampshire and Barkeshire , where at Wallingford he passed over the Thames ; and then through Oxford●shire , Buckinghamshire , and Hartfordshire , untill he came to Barkehamstead , where there came unto him Aldred Arch-bishop of Yorke , Woolstan Bishop of Worcester , Willfere , Bishop of Hereford , and many other Prelates , accompanyed with Edgar Atheling , with Earle Edwyn and Mar●har , Brothers , and men of the greatest sway in the Kingdome , and many others of the Nobility . It is true , upon the defeate at Hastings , Earle Edwyn and Marchar , had a purpose to set up Edgar Atheling , as next Heire of the Royall blood ; and Grand-childe to Edmund ●ronside , and so beloved of the people , that he was called their Darling : but considering his young yeares , and other inabilities , but specially finding the mindes of the Bishops , ( who at that time bore all the sway ) to be otherwise inclined , they desisted from that course , and thus the Duke , without any opposition , comming to London , was received by Bishops , and Lords and all , with great joy , though small gladnesse , and if he had not their hearts , yet he had their knees , for in most humble manner they submitted themselves to him , acknowledging him for their Soveraigne Lord , and upon Christmas-day after , he was Crowned at Westminster by Aldred Arch-bishop of Yorke , the Arch-bishop of Canterbury Stigand , not being admitted to doe that office , for some defect in his Investiture ; and perhaps for some aspersion in his manners . How he rewarded his followers . : THough he hath had the name of Conquerour , yet he used not the Kingdome as gotten by Conquest , for he tooke no mans living from him , nor dispossessed any of their goods , but such onely , whose demerit made unworthy to hold them ; as appeares by his Act to one Warren a Norman , to whom he had given the Castle of Sherborne in Norfolke ; for when Sherborne , who was owner of it , acquainted the King , that the Castle was his ; and that he had never borne Armes against him ; he presently commanded Warren , to deliver it quietly up unto him● Onely vacancies of Offices , and filling up the places of those who were slaine or fled , were the present meanes he made use of , for preferring his Followers . One speciall preferment we cannot omit , that where one Herlowyn a Nobleman in Normandy , had marryed his Mother Arlette , and had by her a Sonne named Hugh Lupus , he gave to the said Hugh , the Earledome of Chester , to hold of him as freely by his sword , as himselfe held England by his Crowne , by vertue of which Grant , the said Hugh ordained under him foure Barons , Nigell he made Baron of Halton : Malbanke , Baron of Nantwich : Eustace Baron of Mawpase ; and Vernon , Baron of Shipbrooke : Such an Honour , as no Subject before or since , ever enjoyed the like . What meanes he used for securing himselfe in the Kingdome : BEsides the Oath of Fealty , which he tooke of all his Lords both Spirituall and Temporall , at his Coronation ; in Lent following , going into Normandy , he tooke along with him the greatest part of the great men of the Kingdome , of whom , Edwyn and Marchar , the two Earles of Northumberland and Mercia , Stigand Arch-bishop of Canterbury , Edgar Atheling , Waltheoff sonne to Syward formerly Earle of Northumberland , and Agelnothus Abbot of Glastenbury were the chiefe ; leaving the care of the Kingdome in his absence to Odo Bishop of Bayeux , his Brother by the Mother ; and to William Fits Osburne , whom he had made Earle of Hereford . And to abate the greatnesse of the Prelates , which at that time was growne in a manner unlimited , he ordained that from thenceforth , they should not command with any Temporall Authority whatsoever . And because the common people are no lesse to be feared for their number , then the Nobility for their greatnesse , he first tooke from them all their Armour , to the end , that leaving them without stings , they might afterward be but Droanes . And because there is seldome any danger from singular numbers , but all the danger riseth from plurality : therefore to prevent conspiracies and combinations , which are commonly contrived in the night , he commanded that in all Townes and Villages , a Bell should be rung at eight a clocke in the Evening , and that in every house they should then put out their Fire and Lights ( which was called Couure Feu ) and goe to Bed. And for more security he erected Castles in the most doubtfull places of the Kingdome . One at Yorke , another at Lincolne , a third at Nottingham , ( at that time called Snottingham ) and a fourth at Hastings , where he first Landed . By these meanes the Kingdome was quiet all the time of his being away in Normandy , saving onely that Edrick the Forester , in the County of Hereford , calling in to his ayde the Kings of Wales , made some small disturbance . And indeed all the States of the Kingdome might in his very person finde something to make them apt to tolerate his Government . For first , the People might thinke themselves in a sort advanced , being now made members of a greater Body ; when the Dukedome of Normandy should come to be annexed to the Kingdome of England ; and by experience of his good Governement being a Duke , they might well hope , he would not governe worse being made a King. And the Nobility might be well content , as having a King of their former Kings choosing , and though a Stranger , yet no Alien , as having in him many veines of the same blood , and therefore likely also to have some ve●nes of the same goodnesse , of their good King Edward . But specially the Clergy could not chuse but be content , as having a King who came commended to them , by a commending as strong as a commanding , the Popes Benediction . What Troubles or Insurrections were during his Raigne . BUt the Body of a State being more obnoxious to crudities and ill humours , then the state of a Naturall body ; It is impossible to continue long without distempers ; notwithstanding any preservatives that can be applyed . And therefore in the second yeare of his Raigne , brake forth the discontentment of Edgar Etheling , justly the first , as having most cause , being the next of the late Royall blood , and therefore most apt to be sensible of servitude ; who taking along with him his mother Agatha , and his two Sisters , Margaret and Christine ; stole secretly away to Sea , with intention to passe into Hungary , the Country where he was borne ; but by cont●ary winds was cast upon the Coast of Scotland , where the King Malcolme , not onely most kindly entertained him , but for a stricter bond of kindnesse , tooke his Sist●r Margaret to Wife , by whom he had many Children , out of which , in the second Generation after , a match was found , by which in the person of King Henry the second , the Sax●n and Norman blood were conjoyned , the union whereof continues in the race of our Kings of England to this day . Not long after to Edgar in Scotland , came the two great Earles , Edwyn and Marchar , brothers to Agatha the late King Harolds Wife ; also Hereward , Gospatrick , and Syward , with many other Lords ; and shortly after Stigand and Aldred Arch-bishops , with divers of the Clergy . And these Lords being together in Scotland , did but watch opportunity , to recover that , which for want of taking opportunity they had lost ; And assisted by the Scots , they invaded the North parts , spoyling the Country , and killing many for the fault they had themselves committed , but all they could do , was but to forrage the Country , and so returne . After this , in the third yeare of his Raigne , the two sonnes of Swayne King of Denmarke , Harold and Canutus , with a Fleet of 240. ships , entered Humber , and invaded the North parts , with whom the English Lords in Scotland joyned , and ●orraged all the Country , till they came neere to Yorke . When the Normans that were in the Towne , to save the City , set fire on the suburbs ; but the fire not so contented , by assistance of a violent winde , tooke hold of the City it selfe , burning a great part of it , and which perhaps was more worth then the City , a Library of excellent Bookes , and the Normans that were left in defence of the City , to the number of three thousand , were all slaine . King William hearing hereof was so much incensed , that with all speed he raised an Army , and entred Northumberland , wasting the Country that already lay wast ; and yet for all his great rage , was contented with a great summe of money , to purchase the Danes departure . By these devastations in many Shires of the Kingdome , but especially in Northumberland , so great a Dearth and Famine followed , that men were glad to eate horses and dogges , cats and rats , and what el●e is most abhorrent to nature ; and betweene Yorke and Durham , the space of 60. miles , for nine yeares together , there was so utter desolation , as that neither any house was left standing , nor any ground tilled . Many other insurrections there were in his Raigne ; as at Exceter , at Oxford , in the Isle of Ely , and many times by the Scots in the Northerne parts ; but all these were easily supprest , for they were but scattered Forces ; Et dum singuli pugnant , universi vincuntur ; whereas if they had united themselves into an Army , they might perhaps have made it a Warre , which now were little more then Routs and Riots . Yet some write , that King William granted Cumberland to Malcolme King of Scots , to hold from him conditionally , that the Scots should not attempt any thing prejudiciall to the Crowne of England , for which Grant King Malcolme did him Homage . The greatest and last was an Insurrection raised in Normandie , by his sonne Robert , the more dangerous because unnatural , for by the instigation and assistance of Philip King of France , ( emulous now of K. Williams greatnesse ) he entred Normandie , & claimed it as in his owne right . His father indeede had made him a promise of it long before , but Robert impatient of delay , as counting so long staying to bee little better then disinheriting , endeavoured by strong hand to wrest it from his father . But his father King William hearing hereof , with a strong Army passeth over into Normandie , where in a battaile meeting hand to hand with his sonne , was by him unhorsed , and hurt in the arme : but his sonne perceiving him by his voyce to bee his father , suddenly leapes off his horse , takes up his father , casts himselfe downe at his feete , and humbly intreats his pardon ; which as a father he easily grants , embraceth his sonne , and ever after , the sonne from the father had fatherly love , and the father from the sonne a filiall obedience . But though his father did thus pardon him , yet it seemes there is a Nemesis , or to say better , a Divine Providence , that did not pardon him ; for after this , it is observed he never prospered in any thing hee undertooke . It cannot perhaps be discovered , whether the Kings severity begat his subjects Insurrections , or his subjects Insurrections the Kings severity ; but which of them soever was the mother , it is certaine they were nurses each of them to other . His aptnesse to forget Injuries . CErtainly there is no such goodnesse of nature , as aptnesse to be reconciled ; of which vertue it seemes King William had a large proportion , for he seldome remembred injuries after submission . Edric the first that rebelled against him , he placed in Office neere about him . Gospatric who had beene a factious man , and a plotter of conspiracies against him , he made Earle of Glocester , and trusted him with managing a War against Malcolme King of Scots . Eustace Earle of Boleyne , who in the Kings absence in Normandy attempted to seise upon Dover Castle , he received afterward into great favour and respect . The Earles Marchar & Syward , with Wolnoth the brother of Harold , a little before his death , he released out of prison . Edgar , who as next heire to the Saxon Kings , had often attempted by Armes to recover his right , he not onely after twice defection pardoned , but gave him also allowance as a Prince : It is said twenty shillings a day , or rather a pound weight of silver , and other large livings besides ; so as Edgar finding the sweetnesse of safety , and the pleasures of a Country life , spent the rest of his dayes ( which were many ) retired from Court , neither envying nor being envyed . Only Waltheoff Earle of Northumberland , and Northam●ton , of all the English Nobility was put to death in all the time of this Kings Raigne ; and not he neither , till hee had twice falsified his Oath of Allegeance . Of new Acquests to this Kingdome , by this Kings meanes . IN the thirteenth yeare of his Raigne , he subdued Wales , and made it tributary to him , as before in the seaventh yeare of his Raigne , he brought Malcolme King of Scots to do him Homage , and thereupon to give him Hostages ; that if England made him greater then he was before , a King of a Duke ; he no lesse made England greater then it was before , three Kingdomes in one . Of his Exactions and courses for raysing of money . AS his Taxations were many in number , so they were various in kinde , not alwayes bringing in money directly , but sometimes obliquely saving it . The first taxe he laid upon his subjects was in the first yeare of his Raigne , after his returne out of Normandie ; a grievous taxe all writers say , but none what taxe it was . In the third yeare of his Raigne he ransacked all Monasteries , and all the gold and silver of either Chalices or Shrines , he tooke to his owne use . Likewise he Sessed all Bishops and Abbots what number of souldiers they should finde to serve him in his warres : also the strangers which he maintained in Pay , he dipsersed into Religious houses , and some also among the Nobility to bee maintained at their charge . Many other taxations he made , but last of all in the eighteenth yeare of his Raigne , by the advise of Roger Earle of Hertford , he caused the whole Realme to be described in a Censuall Roll , ( whereof hee tooke a President from King Alfred ) so as there was not one Hyde of Land , but both the yearely rent , and the owner thereof was therein set downe : How many Ploughlands , what Pastures , Fennes or Marishes , what Woods , Farmes , and Tenements were in every Shire , and what every one was worth : Also how many Villaines every man had ; what Beasts , what Cattell , what F●es , what other goods , what rent or commodity his Possessions did yeeld . This booke was called the Roll of Winton , because it was kept in the City of Winchester . By the English it was called Doomesday booke , either by reason of the generality thereof , or else corruptly , instead of Domu● Dei booke , for that it was laid in the Church of Winchester , in a place called Domu● Dei. According to this Roll taxations were imposed ; sometimes two shillings , and at this time six shillings upon every Hyde of Land , ( a Hyde containing as some account it , twenty Acres , bu● as Master Lambert proveth , a hundred Acres . ) In all those Lands which he gave to any man , hee reserved Dominion in chiefe to himselfe , as also a yearely rent , and likewise a Fine whensoever the Tenant did alien or dye . These were bound to him by Oath of Fealty and Homage , and if any died , his heire being within age , the King received the profits of his Lands , and had the custody and disposing of the heires body , untill his age of one and twenty yeares . To be short , his greedinesse of money was so great , that he spared not his owne brother Odo , but found accusations against him● to the end he might seise upon his Treasure ; which was infinite great , and which he had gathered in hope to buy the Papacy . Onely one kinde of profit he forbare to meddle with , that is , Vacancies of Abbeys and Bishopricks , which he alwayes reserved for the Successours : but then he tooke another course of farre greater profit , for he compelled all men to make new Fines at his pleasure , for confirmation of any Grant or Priviledges formerly granted by any Prince of the Realme : by which devise he got into his possession , the greatest part of all the riches of the Land , as well of the Clergie , as of the Laity . And one particular may not be omitted that is reported of him , which was this : The Monkes of Ely to purchase their peace , agreed to give him seven hundred Markes , when comming to pay it , there wanted a Groat in the weight , ( for in those dayes greater summes were not payd by tale , but by weight ) which the King understanding , denied them all composition for Peace , untill with much suite he was intreated to accept of a thousand Markes more . Of his Lawes and Ordinances , and Courts of Iustice erected by him . ALthough at his Coronation he had taken an Oath to observe the Lawes of King Edward then in use , yet afterwards ( perhaps counting his Coronation Oath but a matter of course ) he abrogated many , and in their stead brought in the Lawes of Normandie ; commanding them to be written in French , and also that all Causes should be Pleaded , and all matters of Forme dispatched in French ; upon a pretense to dignifie the French tongue , but with a purpose to intrappe men through ignorance of the language , as indeed it did : or perhaps to make the Normans language predominant in the Kingdome as he had made their persons ; which yet hee was so farre from effecting , that there is not so much as any footsteps remaining of the Norman language in the English tongue . Formes of Judgement , and trials by Fire and Water , called Ordeal , formerly used , were in short time after the Conquest disused , and in the end utterly abrogated by the Pope , as derived from Paganisme . That of Combat continued longer , but of no ordinary use : and all actions both criminall and reall , began now to be wholly adjudged by the Verdict of twelve men , according to the custome of Normandie , where the like Forme is used , and called by the name of Enquest , with the same cautions for the Jurours , as it is here continued to this day ; though by the Lawes of Ethelred it appeares , that the triall by twelve men was in use long before his time . And where before the Bishop and the Alderman were the absolute Judges to determine all businesse in every Shire , and the Bishop , in many Cases , shared in the benefit of the Mulcts with the King ; now hee confined the Clergie within the Privince of their owne Ecclesiasticall Jurisdiction , to deale onely in businesse concerning rule of soules , according to the Canons and Lawes Episcopall . And where the Causes of the Kingdome were before determined in every Shire , and by a Law of King Edward , all matters in question were upon speciall penalty decided in their Gemote , or Conventicle held monethly in every Hundred : Now he ordained that foure times in the yeare , for certaine daies , the same businesses should be determined in such place as he would appoint , where he constituted Judges to attend for that purpose . Also he Decreed there should be Sheriffes in every Shire , and Justices of Peace for punishment of Malefactors . Finally he ordained his Councell of State , his Chancery , his Exchequer , ( Scaccarium corruptly called so , of the word Statarium , or rather of the Boord or Table where the Officers sate ; ) also his Courts of Justice , which alwayes removed with his Court. These places he furnished with Officers , and assigned foure Termes in the yeare for determining controversies among the people . The place of these Courts was Westminster , where King William Rufus afterward built a stately Palace . Now for his provisionary Revenues , the Kings Tenants who held Lands of the Crowne , payd him no money at all , but onely Corne and other victuals ; and a just note of the quality and quantity of every mans ratement , was taken through out all the Shires of the Kingdome , and levyed ever certaine , for maintenance of the Kings house . Onely the Kentish men procured the continuance of their ancient Lawes by a trick ; for King William riding towards Dover , at Sw●nscombe two miles from Gravesend , the Kentish men met him , but in the forme of a moving wood , by reason of the great boughes they had cut and carried in their hands , and compassing the King about , they onely made suite for the continuan● of their Lawes , which the King without any great scruple granted , and glad he was so ridde of them . A strange conceite in the Kentish men , to hazard themselves more , for the preserving a simple Custome ; then for preserving the Liberty of themselves and their Country : But such is the violence of conceit , till it be mastered by time , or rather so very a Changeling is Humane Reason , that what they then cut downe great Woods to defend , they have since beene content to see abolished , without cutting downe so much as a twigge . But one Law especially he made , extreamely distastefull to all the Gentry of the Land : for where before they might at their pleasure hunt and take Deere which they found abroad in the Woods ; Now it was Ordained , under a great penalty , no lesse then putting out their eyes ; that none should presume to kill or take any of them , as reserving them onely for his owne delight . And indeed so great delight he tooke in that kinde of sport , that he depopulated a great part of Hamshire , the space of thirty miles , where there had beene ( saith Car●on ) six and twenty Townes , and fourescore Religious Houses , and made it a Habitation for such kind of Beasts ; which was then , and to this day is called the New-Forest . But the lamentable dysasters that have happened to this Kings Issue , doe plainely shew , that there is a power , that observes all our Actions , and which we may know to be Memorem Fandi atque Nefandi . But in the first yeare of this Kings Raign● , he granted to the City of London , their first Charter and Liberties , in as large forme , as they enjoyed them in the time of King Edward the Confessor , which he granted at the suite of William a Norman , Bishop of London ; in gratefull remembrance whereof , the Lord Major and Aldermen , upon the solemne dayes of their resort to Pauls , doe still use to walke to the Gravestone , where this Bishop lies interred . Also this King was the first , that brought the Jewes to inhabite here in England , as likewise he made a Law , that whosoever forced a woman , should lose his genitals : and in his time , long Bowes came first into use in England , which as they were the weapons with which France under this King Conquered England : so they were the weapons with which England under after-Kings , Conquered Fra●ce ; as if it were not enough for us to beate them , if we did not beate them with their owne weapons . This King also appointed a Constable of Dover Castle , and a Lord Warden of the Cinque-Ports , with Immunities as they are at this day . Affaires of the Church in his Raigne . IN the twelfth yeare of his Raigne , Lanfranke Arch-bishop of Canterbury , held a Synod at London , where amongst other things , he removed Bishops Sees , from small Townes to great Cities , as from Silliway to Chichester ; from Kyrton to Exceter ; from Wells to Bathe ; from Shirborne to Salisbury ; from Dorchester to Lincolne ; and from Lichfield to Chester ; and from thence againe to Coventry ; and not long before , the Bishopricke of Lindafferne , otherwise called Holy Land , upon the river Tweede , had beene translated to Durham . In the sixth yeare of his Raigne , a controversie arising betweene the two Arch-bishops of Canterbury and Yorke , they appealed to Rome , and the Pope remitted it to the King and Bishops of England . Hereupon a Synod is holden at Windsor , where sentence was given on Lanfranks then Arch-bishop of Canterburies side : that in matters of Religion , the Arch-bishop of Yo●ke , should ever be subject to the Arch-bishop of Canterbury : Onely at Rome it was decreed , for matter of Title , that the See of Yorke should be stiled Primas Angliae , and the See of Canterbury , Primas totius Angliae , as it is at this day . And as the Arch-bishop of Yorke oweth obedience to the Arch-bishop of Canterbury ; So all the Bishops of Scotland owe obedience to the Arch-bishop of Yorke , as to the Primate of Scotland . But as this King tooke downe the Prelates in Temporalties , for he ordained they should exercise no Temporall Authority at all ; So in Spiritualties , he rather raised them , as may be seene by a passage betweene Aldred Arch-bishop of York , and the King : for at a time , upon the repulse of a certaine suite , the Arch-bishop in great discontentment offered to depart , when the King , in awe of his displeasure , stayed him , fell downe at his feet , desired pardon , and promised to grant his suite . The King all this while being downe at the Arch-bishops feet● the Noblemen that were present , put him in mind that he should cause the King to arise , Nay ( saith the Arch-bishop ) let him alone , let him find what it is to anger Saint Peter . And as by this story , we see the insulting pride of a Prelate in those dayes : So by another , we may see the equivocating false-hood of a Prelate at that time ; For St●gand Arch-bishop of Canterbury would often sweare , he had not one penny upon the Earth , when under the Earth it was afterward found he had hidden great Treasure . Also it is memorable , but scarce credible of another Bishop , who being accused of Simony , and denying i● , the Cardinall before whom he was to Answer , told him , that a Bishopricke was the gift of the Holy Ghost , and therefore to buy a Bishopricke , was against the Holy Ghost , and thereupon bid him say , Glory be to the Father , and to the Sonne , and to the Holy Ghast ; which the Bishop beginning , and oft essaying , could never say , [ and to the Holy Ghost ] but said it plainely when he was put out of his Bishopricke . And yet was not the Church in that Age so barren of Vertue , but that it afforded some good Bishops , as William Bishop of Durham , Founder of University Colledge in Oxford , but specially Bishop Woolstan ; whom , upon Lanfrankes reporting , to be insufficient for the place , for want of Learning , the King commanded to put off his Pontificall Robes , and to leave his Bishopricke : when suddenly out of a divine Inspiration , Woolstan answered : A better then you , O King , bestowed these Robes upon me , and to him I will restore them . And therewithall going to Saint Edwards Shrine , who had made him a Bishop , and putting off his Robes , he strucke his Staffe upon Saint Edwards Monument , which stucke so fast in the stone of it , that by no strength it could be drawne forth , till he drew it forth himselfe : which so terrifyed both Lanfranke and the King , that they intreated him to take his Robes againe , and keepe his Bishopricke . Also Oswald Bishop of Salisbury , who devised a Forme of Prayers to be daily used in his Church , and was used afterwards in other Churches , from whence proceeded the common saying of Secundum usum Sarum . In this Kings time was Berengarius , who denyed the true body of Christ to be in the Sacrament ; Also in his time , Pope Gregory the seventh , removed marryed Priests from executing Divine Service , whereof great troubles arose in England . Workes of Piety , by him , and others in his time . THis King Founded the Abbey of Baltell in Sussex , where he overcame Harold ; the Abbey of Selby in Yorkeshire ; and a third neere London , called Saint Saviours . He founded also the Priory of Saint Nicholas at Exceter ; and gave great priviledges to Saint Martins le Grand in London ; which Church was founded before the Conquest , by Ingelricus and Emardus his Brother , Cousins to King Edward the Confessour . These were this Kings workes of Piety in England , but in Normandy he Founded also an Abbey at Caen : where his Wife Maude built likewise a Monastery of Nunnes . He gave also to the Church of Saint Stephens in Caen , two Manors in Dorsetshire , one Mannor in Devonshire , another in Essex , much Land in Barkeshire , some in Norfolke , a Mansion house in Woodstreete ; London , with many Advowsons of Churches , and even he gave his Crowne and Regall Ornaments to the said Church , being of his owne Foundation , for the redemption whereof , his Sonne Henry gave the Manour of Brydeton in Dorsetshire . In this Kings time , Robert , sonne to Hyldebert La●ie , Founded the Priory of Pon●fraite ; Henry Earle Ferrers Founded a Priory within his Castle at Tutbury ; Alwyn Chylde , a Citizen of London , Founded the Monastery of Saint Saviours at Bermondsey in Southwarke , and gave to the Monkes there divers Rents in London : Also in this Kings time , Mauric● Bishop of London , after the firing of the former Church of Saint Paul in London , began the Foundation of the new Church , a worke so admirable , that many thought it would never have beene finished . Towards the building of the East end whereof , the King gave the choyce stones of his Castle , at the West end of the City , upon the banke of the River Thames ; which Castle having beene at that time fired , in place thereof Edward Kilwarby Arch-bishop of Canterbury , did afterwards Found a Monastery of Blacke-fryers . The King also gave the Manor of Storford to the same Maurice , and to his Successours in that See ; after whose decease , Richard his next Successour , bestowed all the Rents of his Bishopricke , to advance the building of this Church , maintaining himselfe by his private Patrimony ; and yet all he could doe , made no great shew , but the finishing of the worke was left to many other succeeding Bishops . In the fifteenth yeare of this Kings Raigne , William Bishop of Durham , Founded University Colledge in Oxford : Also one Gylbert a Norman Lord , Founded the Abbey of Merton in Surrey , seven miles from London ; and Thomas Arch-bishop of Yorke , first builded the Minster of Yorke . In this Kings sixteenth yeare , his Brother Duke Robert , being sent against the Scots , builded a Fort , where at this day standeth New Castle upon Tyne : but the Towne and Walls w●re builded afterward by King Iohn . Also in this Kings time , Ledes Castle in Kent was builded by Creveken , and the Castle of Oxford , by Robert d' Oylie : two Noble men that came into England with him . Osmond Bishop of Salisbury built the new Church there ; Also Waring Earle of Shrewesbury , built two Abbeyes , one in the Suburbs of Shrewesbury , and another at Wenlocke . Casualties happening in his time . IN the twentyeth yeare of his Raigne , so great a fire happened in London , that from the West-gate to the East-gate , it consumed Houses and Churches all the way , and amongst the rest the Church of Saint Paul , the most grievous fire that ever happened in that City . Also this yeare , by reason of distemperature of weather , there insued a Famine : and afterwards a miserable mortality of Men and Cattell . Also this yeare in the Province of Wales , upon the Sea shoare , was found the body of Gawen , sisters sonne to Arthur , the great King of the Britaines : reported to be foureteene foot in length . Also in this Kings time , a great Lord ●itting at a Feast , was set upon by Mice , and though he were removed from Land to Sea , and from Sea againe to Land , yet the Mice still followed him , and at last devoured him . Of his Wife and Children . HE had to Wi●e , and her onely ; Mathilde or Maude , Daughter to Baldwyn Earle of Flanders . She was Crowned Queene of England , the second yeare of his Raigne : the seventeenth yeare of his Raigne , she dyed ; a Woman onely memorable for this , that nothing memorable is Recorded of her , but that she built a Nunnery at Caen in Normandy , where she lies Buryed . By her he had foure sonnes and fiv● daughters . His Sonnes were , Robert , Richard , William , and Henry : of whom Robert the eldest , called Court-cayse , of his short thighes , or Court-hose , of his short Breeches , or Courtois , of his courteous behaviour : ( for so many are the Comments upon his name ) succeeded his Father in the Dutchy of Normandy . Richard his second Sonne , was kild by mis-fortune , hunting in the New-Forest . William his third Sonne , called Rufus , succeeded his Father in the Kingdome of England . Henry his youngest Sonne called Beauclerke , for his Learning , had by his Fathers Will , five thousand pounds in money , and the inheritance also of his Mother . His Daughters were Cicelie , C●nstance , Adela , Margaret , and Elenor , of whom Cicelie was Abbesse of Caen in Normandy . Constance was marryed to Alan Earle of Britaine . Adela to Stephen Earle of Blois . Margaret affianced to Harold King of England , but never marryed , and dyed young . Elenor , betroathed to Alphonsus King of Gallitia , but desiring to dye a Virgin , she had her wish , spending her time so much in Prayer , that with continuall kneeling , her knees were brawned . Of his Personage and Conditions . HE was but meane of stature , yet bigge of body , and therewithall so strong , that few were able to draw his Bow : growing in yeares , he was bald before ; his beard alwayes shaven , after the manner of the Normans ; and where in his younger time , he was much given to that infirmity of Youth , which grows out of strength of Youth , Incontinency : after he was once marryed , whether out of satiety , or out of Grace , he was never knowne to offend in that kind . Of so perfit health , that he was never sicke , till that sicknesse whereof he dyed . Of a sterne countenance , yet of an affable nature : In warre , as expert as valiant : In Peace , as provident as prudent : and in all his Enterprises , as Fortunate , as Bold and Hardy . Much given to Hunting and Feasting , wherein he was no lesse pleasant then magnificent . He made no great proficience in Learning ; as having had his education in the licentiousnesse of the French Court : yet he favoured learned men ; and drew out of Italy , Lanfranke , Anselme , Durand , Traherne , and divers others , famous at that time for Learning and Piety . Very devout he was , and alwayes held the Clergy in exceeding great Reverence : And this is one speciall honour attributed unto him , that from him we beginne the Computation of our Kings of England . His Places of Residence . HIs Christmas he commonly kept at Glocester ; his Easter at Wi●chester ; and his Whi●sontide at Westminster ; and once in the yeare , at one of these places would be new Crowned ; as though by often putting on his Crowne , he thought to make it sit the easier upon his head . And for the houses which the Kings of England had in those dayes in London ; I finde that at Westminster was a Palace , the ancient habitation of the Kings of England , from the time of Edward the Confessour : which in the Raigne of King Henry the Eight , was by casuall fire burnt downe to the ground . A very large and stately Palace this was , and in that Age , for building incomparable . The Remaines whereof , are the Chamber of assembling the High Court of Parliament , and the next unto it , wherein anciently they were wont to beginne the Parliament , called Saint Edwards painted Chamber , because the Tradition holdeth , that the said King Edward dyed in it . Adjoyning unto this , is the White-hall , wherein at this day the Court of Requests is kept ; Beneath this is the Great Hall , where Courts of Justice are now kept : This Hall which we now have , was built by King Richard the second , out of the Ground ; as appeareth by his Armes engraven in the stone worke : ( when he had plucked downe the old Hall , built before by William Rufus ) and made it his owne habitation . But the aforesaid Palace , after it was burnt downe in anno 15●2 . lay desolate , and King Henry the Eighth shortly after translated the Kings seat , to a house not farre off , built by Cardinall Woolsey● and is called White-Hall . The Tower of London also was anciently used by the Kings of England to lodge in . Other Houses they anciently had ; one where Bridewell now standeth , out of the ruines whereof , the now Bridewell was built . Another called the Tower Royall , now the Kings Wardrobe . Another in Bucklers-bury , called Sernes Tower. Another where now the Popes-head Taverne is , over against the Old Exchange ; and oftentimes they made use of Baynards Castle . But these are all long since demolished , that we may see Palaces and places have their Fa●es and periods as well as men . His Death and Buriall . TOwards the end of his Raigne , he appointed his two sonnes Robert and Henry with joynt authority , Governors of Normandy : These went together , to visit the King of France , lying at Constance , where entertaining the time with variety of sports ; Henry played with Lewis the Daulphin of France at Chesse , and winning much money of him , Lewis grew so cholericke , that he threw the Chess-men at Henries face ; calling him the sonne of a Bastard : and thereupon Henry strucke Lewis with the Chess-board , and had presently slaine him , if his Brother Robert had not stept in , and stayed him . Upon this the King of France invades Normandy , and drawes Robert , King Williams eldest sonne , to joyne with him against his Father : but King William comming presently over with an Army , was soone reconciled to his Sonne , yet being corpulent and in yeares , was by this meanes much distempered in Body , and so retyred to Roan , where he stayed , as not being well in health . The French King hearing of his sicknesse , scoffingly said , that he lay in Childe-bed of his great belly . Which so incensed King William , that he swore by Gods Resurrection and his Brightnesse , ( his usuall Oath ) that assoone as he should be Churched of that Childe , he would offer a thousand Lights in France ; and indeed he performed it ; for he entred France in Armes , and ●et many Townes and Corne-fields on fire , in which he was so violent , that by reason of his travaile and the unreasonable heate , being in the moneth of August , it brought upon him a relapse of his sicknesse , and withall , leaping on horse-backe over a ditch , his fat belly did beare so hard upon the pommell of his saddle , that he tooke a rupture in his inner parts ; whereupon returning to Roan , his sicknesse so encreased , that in short time he dyed ; and that which is scarce credible , yet Recorded for certaine , the very same day he dyed at Roan , his death was knowne at Rome , a thousand miles off . In all the time of his sicknesse , he retained to the very last , his memory and speech : and shewed many demonstrations of Devotion , and true contrition , specially for his severity used towards the English. And thus he who was a Conquerour of men , was conquered himselfe by death ; the ninth day of September , when he had Raigned twenty yeares , and neare eleven moneths , in the threescore and fourth yeare of his age : I may well say , he was conquered by Death ; seeing death used him more despitefully● then ever he living used any whom he had conquered : For no sooner was the breath out of his body , but his attendants purloyning what they could lay hands on , forsooke him and fled : leaving his body almost naked upon the Ground . Afterwards , William Arch-bishop of Roan , commanded his body should be conveyed to Caen , but his command was little regarded : till at last , one H●rlewyne , a Country Knight , at his owne charges caused his body to be Embalmed , and conveyed thither ; where the Abbot and Monkes meeting the Corps , suddenly in the middest of their solemnities , a violent fire brake out in the Towne , with the fright whereof , every man left the place ; and thus was his body the second time left forlorne . In the end a few Monkes returned and accompanyed the Herse to the Abbey Church ; but when the Divine Office was ended , and the body ready to be laid in the Grave , one Anselme Fits Arthur , stood up , and claimed that Ground to have beene the Floore of his Fathers house , which King William had violently wrested from him ; and thereupon charged them , as they would answer it before the dreadfull face of God , not to cover his Body with the Earth of his Inheritance . Whereupon after some pause , agreement was made with him , and three pound was payed in hand for the Ground broken up , and a hundred pounds more afterward for the Ground it selfe , payed him by Henry the Kings youngest Sonne , who onely of all his Sonnes was present at the Funerall . And yet this was not all , but when his Body was to be put in the Earth , it happened that the Sepulchre of Stone which stood within the G●ave , was hewne somewhat too strait for his fat belly , so as they were faine to presse it downe with some violence , with which , whether his bowels burst , or whether some Excrements were forced out of their naturall passage ; such an intolerable stinke proceeded from him , that none were able to endure it , but made all the hast they could to be gone . And yet neither was this the last of his miseries : For in the yeare , 1562. when Castillion tooke the City of Caen , certaine dissolute Souldiers opened his Tombe , and not finding the Treasure they expected , threw forth his bones with great derision : whereof some were afterward brought into England . So that if we consider his many troubles in life , and after his death , we may well thinke , that notwithstanding all his greatnesse , a very meane man would hardly be perswaded to change fortunes with him . Men of Note in his time . MEn of Learning in his time , were but rare in this Island , yet some there were , particularly Marianus Scotus , a Historiographer , and Alpheredus a Monke o● Beverley , a Writer also of Historicall Argument . And as for Men of Valour , they are not to be expected in a time of Servitude , but as if all the English Valour were now remaining in the Kentish men , they onely made resistance , when all other Countries had submitted . THE RAIGNE OF KING WILLIAM THE SECOND . KING William the Second called Rufus , second Son to William the Conquerour , appointed Successor by his Fathers Will ; was upon the fifth of October , in the yeare 1087. by Lanfranke Archbishop of Canterbury , Crowned at Westminster King of England . Wherein his Father seemes to have followed the Example of Iacob , who gave to his younger sonne Ioseph , the Land which he had taken with his Sword and his Bow : for with his sword and his Bow , had King William gotten the Land of England ; and therefore might justly bestow it on which of his Sonnes he pleased . And besides , there was cause enough , why he should shew this Sonne of his some extraordinary favour , seeing in the Rebellion of his brother Robert , yet he stood firmely for his Father ; and in his quarrell incurred no small hazard of his life , as wherein he received divers wounds : and perhaps also , his Father thought the rough disposition of this sonne , fitter to bridle the insurrections of the English , then the softly disposition of his sonne Robert. But though he have thus quietly gotten the Crowne , he must not looke to hold it so ; and indeed at his very beginning is assaulted with two troubles in one : for both his Brother Robert prepares to recover it from him , and the Lords of the Kingdome combine with Robert to assist him in it . The first mover of this trouble was Odo Bishop of Bayeux , his Unckle , who finding himselfe not to beare the sway he expected , and specially for an old grudge he bore to Lanfranke , Arch-bishop of Canterbury , as by whose means , in the former Kings time he had bin imprisoned ( the Arch-bishop telling him , that though he might not imprison a Bishop , yet he might imprison an Earle of Kent , as this Odo was made not long before ) he drawes many other Bishops and Temporall Lords to joyne with him● in behalfe of Duke Robert , against the King : but though the storme were violent for a while , yet it soon passed over ; that indeed of his Lords , with more difficulty : but that of his brother Robert with more cost : For it was at last agreed , that Rufus should pay him three thousand markes a yeare , during his life , and leave him the Kingdome after his owne decease . But there was difficulty in repressing his Rebell Lords , by reason of their spreading themselves abroad in many quarters . For Odo fortifyed himselfe in Kent ; Roger Montgomery , Earle of Shrewsbury , in Norfolke , Suffolke , and Cambridgeshire ; Hugh de Grandmenill , in Leycestershire , and Northamptonshire ; Robert Mowbray Earle of Northumberland , possest himselfe of Bristow ; William Bishop of Durham , of the North parts of the Realme ; and divers other of the Clergy , and Nobility , fortify themselves in Herefordshire , Shropshire , Worcestershire , and all the Countries adjoyning to Wales , thinking by this meanes to distract the King that he should not know where to beginne , nor whither to turne him . But this course , as it made it hard to represse them suddenly , so it made it easie to represse them at leisure ; for being thus divided , they were but as single stickes , that are easily broken ; where if they had united themselves , as into a Faggot , they might have made a strength of farre greater resistance . But the King having Lanfranke Arch-bishop of Canterbury , and Woolstan Bishop of Worcester , firme of his side : partly by their Authority and love amongst the people ; but chiefely by his owne promises , to restore their ancient Lawes , and to allow them liberty of hunting in his Forests , he so firmely wonne the hearts of all unto him ; that some of the Rebell Lords he reconciled with faire words , as Robert Montgomery ; ( a principall sinew of the Faction ) some againe he mastered by strong hand , and Odo the chiefe Engineere of all the worke , he besieged in the Castle of Rochester , tooke him Prisoner , and forced him to abjure the Realme . And thus this great Rebellion was suppressed : In which it is observable , that though so many hot bloods were up , yet there was but little blood spilt . A happy rebellion for the English ; for the Rebell Lords and Bishops being all Normans , the King had none to trust to , but the English , whom for their faithfulnesse to him in this service , he ever after respected more then he had done befo●e . After this storme was over in the South , there ariseth another in the North ; For now Malcolme King of Scots , thinking it a fit time to doe some feates when King William was troubled at home ; invades Northumberland , and having burnt and spoyled the Country , returnes home laden with booties . Which King William hearing , he takes his brother Robert along with him , and with a mighty Army enters Scotland , brings Malcolme to acknowledge his ancient homage : and upon Faith given , returnes to London . After this , Duke Robert finding his brother King William , not to keep his promise , in paying his Pension , complaines to the King of France , and with his ayde , assaults and takes some Townes , which he before had delivered in pawne for money to his brother King William ; who hearing of it , hastens into Normandy with an Army , and by the mediation of money takes off the King of France , and makes his brother , being left destitute of assistance , to aske him pardon : a wise and mercifull course in King William ; for to buy his peace with the King of France , did cost him but money , where to have purchased it by Warre , must besides money , have cost the lives of many . After this Malcolme , King of Scots , came in kindnesse to visit King William at Glocester : but the King not vouchsafing so much as to see him , put him into so great an indignation , that returning home , he makes ready an Army , invades Northumberland , making great spoyle and getting great spoyles , but by Robert Mowbray , the Kings Lieutenant there , was taken in ambush , and together with his eldest sonne Edward , defeated and slaine . This King Malcolme was a most valiant Prince , as may appeare by an Act of his of an extraordinary straine ; for hearing of a conspiracy plotted to murther him , whereof one was Authour , whose name is not recorded , he dissembled the knowing it , till being abroad one day a hunting , he tooke the fellow apart from the company , and being alone , said unto him : Here now is a fit time and place , to doe that manfully , which you have intended to doe treacherously ; draw your weapon , and if you kill me , none being present , you can incurre no danger : with which speech of the King , the fellow was so daunted , that presently he fell downe at his feet , confessed his fault , humbly asked forgivenesse , and being granted him , was ever after serviceable and faithfull to him . The death of King Malcolme and his Sonne , was so grievous , and so grievously taken of Margaret his Queene , the sister of Edgar Atheling , that she made it her Prayer , and had it granted , not to over-live them , and so , within three dayes after dyed : a woman as full of vertues all her life , as at this time of sorrowes ; whom yet I should not breake order to mention , but for one pious Act of hers , in causing a most barbarous custome of Scotland to be abrogated , that when a man marryed , his Lord should lye the first night with his Bride . Which custome by her indevour was altered to a payment in money . After these troubles were ended in the North , a new trouble ariseth in the West ; for now the Welsh men hearing of King Williams distractions , enter upon the English borders , making spoyle and havocke of men and Townes : whom King William went with an Army to encounter , but could doe no good upon them , till he was faine to returne to London , and provide him a stronger Army . About this time also Robert Mowbray Earle of Northumberland , by whom Malcolme King of Scots was in King Williams service formerly slaine , finding his service not rewarded as he expected , enters into Conspiracy against the King ; but the King being informed of the practise , seiseth suddenly upon many of his Compl●ces , and himselfe , after many devises and shifts for flight , is taken and put in prison , in the Castle of Windsor . After this , King William to take a further revenge of the Welsh , and to make an absolute conquest of that unquiet people , with a farre greater Army then ever before , enters Wales , and thinkes with new devices of Castles and Forts , utterly to subdue them , but they defending themselves , with their Woods , and Mountainous passages , tyre and weary out the King and his Army , so as he leaves the businesse to two Hughes , one , Earle of Salop , the other of Chester , who first invaded and tooke Anglesey , ( their Island of refuge ) where they used all kinde of cruelty , pulling out of eyes , and cutting off hands and noses : in prosecuting of which businesse , Hugh Earle of Salop was slaine , but Hugh Earle of Chester , entred Wales , and in the end , with the slaughter of Rees , the last King of Wales , made an absolute Conquest of the Country . For after this , though they often rebelled , yet they were in a true subjection . And these for the most part , were all the troubles of his Raigne : where we may observe , that none of them did ever overtake him , but still he met them , and from none of them he ever fled , but was still the pursuer , and yet so many as might well have taken away all the comfort of a Crowne , and have made him willing to change his Diadem for a paire of Beades , but that Ambition , though sometimes weary , yet never ty●es . His Exactions and Courses for raising of money . IN the second yeare of his Raigne , Lanfranke Arch-bishop of Canterbury dyed , who had kept the kingdome and King in some good Order , but assoone as he was dead , the King , as though he were then got loose , ranged without reines , in all licentiousnesse : preying especially upon the Clergy , as amongst whom he found the richest Booties . When Bishoprickes or Abbeyes were vacant , it was familiar with him to seise them into his owne hands , as this of Lanfranke , he kept to his owne use foure yeares together , and longer would have kept it , if a sicknesse of his Body had not healed this disease of his minde : For finding himselfe in some hazard of death , he then conferred the Arch-bishopricke of Canterbury upon Anselme , and the Bishopricke of Lincolne , upon Robert Bloet , two eminent men of that time ; but assoone as hee was well againe , it repented him of that he had done , and was not quiet , till hee had drawne from the said Bloet , five thousand pounds , and from Anselme also good summes of money . For he repented not more in time of sicknesse for the evill he had done in health , then being in health , he repented him of the good he had done in sicknesse ; that it may in a manner be said , there was nothing made him sicke but health , and nothing made him be in health but sicknesse . But this preying upon the Clergy was growne into such a custome with him , that he kept in his hands at one time , three Bishoprickes , Canterbury , Winchester , and Salisbury ; and twelve Abbeys ; all which he let out to Farme , and received the profits : and from this King , the use is said to have risen first in England , that the Kings succeeding had the Temporalties of Bishops Sees , as long as they remained voyd . Having agreed to pay the King of France a great summe of money , he raised it in this manner ; He caused twenty thousand men to be levied , under pretence for his warres in Normandy ; but when they were ready to be shipped , it was signified to them from the King , that whosoever would pay tenne shillings towards the levying of Souldiers in Normandy , should be excused from going , and stay at home ; which was so plausible an offer to the Army , that scarce a man was found that accepted not the condition . When Duke Robert went into the Holy Land he pawned his D●tchy of Normandy to his Brother King William for 6666. pounds , or as some write , for 12600. which money King William tooke up part by a grievous Imposition : so that Bishops melted their Plate , and the Temporall Lords spoyled their Tenants for the payment thereof : and part by loane ; but chiefely of Religious persons . He sold the Abbey of Glastenbury to Thurstan for five hundred pounds ; and when he built Westminster Hall , he made that an occasion to lay a heavie taxe upon the people , who grudged at it , as done of purpose . He usually sold all Spirituall preferments , to them would give most ; and tooke Fines of Priests for Fornication : as also he tooke money of Jewes , to cause such of them as were converted , to renounce Christianity , and returne to Judaisme , as making more benefit by their Unbeliefe then by their Conversion . He caused divers of the Nobility to pay grievous Fines for transgressing his Laws , though the fault were never so small . He set forth a Proclamation that none should goe out of the Realme without his Licence , by which he drew much money from many ; for either they must tarry at home and live discontented , or else content him for giving them leave to goe abroad . And from thence the Custome or Law of Ne exeas Regno , seemes to have taken its beginning : for Precedents of servitude are sure to live , where Precedents of Liberty are commonly still-borne . These were his wayes for raising of money , wherein Promoters and Informers were his darling servants ; and the most officious of all was Ralph Bishop of Durham , of whom he would often say , there was not such another man in the world to serve a Kings turne . And yet he was not so greedy of lucre but that he did some Acts that may serve for examples : as one time , an Abbey being vacant , two Monkes of the Covent came suiters to him for the place , offering great summes , and each of them out-bidding the other ; whereupon the King looking about , and espying another Monk standing not farre off , asked him what he would give for the place ? Who answering , he neither had any thing to give , nor would give any thing if he had it : Well ( said the King ) thou hast spoken honestly , thou art fitter to be Abbot then either of these ; and so bestowed the place upon him gratis . Of his Magnanimity . VVOrd was brought him as he sate at dinner , that his City of Mans in Normandy was besieged , and in great danger to be taken , if not presently relieved : whereupon the King asked which way Mans lay ; and then caused Masons presently to take downe the Wall , to make him passage the next way , and so rode instantly towards the Sea. His Lords about him , advising him to stay till his people were ready : No ( saith he ) but such as love me I know will follow me . And being come on Shipboard , and the weather growing very tempestuous , he was advised by the Master of his Ship , to stay for some calmer season : No ( saith he ) Feare nothing , I never yet heard of any King that was drowned . And thereby comming to Mans●nexpected ●nexpected , he presently dispersed the Besiegers , and tooke Helias Count de la Flesche , who had been Authour of the tumult , Prisoner ; who vaunting to the King , and saying , Now indeed you have taken me by a wile ; but if I were at liberty againe , you should finde me to doe other manner of feats : at which the King laughing ; Well then ( saith he ) go your wayes and doe your worst , and let us see what feats you will do . Being reconciled to his Brother Robert , he assisted him to recover the Fort of Mount Saint Michael , which their Brother Henry did forcibly hold in Normandy : during which siege , straggling one time alone upon the shoare , he was set upon by three horsmen , who assaulted him so fiercely , that they drove him from his saddle , and his saddle from his horse ; but he taking up his saddle , and withall drawing out his sword , defended himselfe till rescue came : and being afterward blamed for being so obstinate to save his saddle , he answered : It would have angred me at the very heart , that the knaves should have bragged they had wonne the saddle from me . Of his justnesse in keeping his word . THis vertue specially was commended in him , and he would often say , that even God himselfe was obliged by his word . But if we observe the course of his life , we shall finde that howsoever he might keepe his word in small matters , yet certainly not in great● For he kept not his word with his Brother Robert , to whom he promised to leave the Kingdome of England after his decease , but performed it not . Nor he kept not his word with his subjects , for in the rebellion of the Norman Lords , he promised the English , if they would now stick to him , they should have their ancient Lawes restored , and be allowed liberty to hunt in his Forests ; which promise he either kept not at all , or at least soone brake . Nor he kept not his word with God himselfe ; for being sick at Glocester , and in some hazard of his life , he made a solemne vow , that if he recovered , he would leade a new life , and give over all his disorderly courses : but being recovered , he grew more disorderly then he was before that if denomination be made from the greatest actions , it cannot be truly said that he was just of his word ; but such is the priviledge of Princes over their subjects , that if they make a promise it must be beleeved ; and if they breake it , it must not be questioned . Of his Incontinencie . MUch is spoken of his lascivious life in generall , but nothing in particular : for neither is mentioned any violence he ever offered to any ; nor is any woman named to have beene his Concubine , and Princes Concubines are seldome concealed . It is true he was never married , and of a strong constitution of body , and so probable he might be inclining to that vice ; but probabilities are not alwayes concluding , and therfore whether it be a true accusation , or but a slander , it may well be doubted : only one base son of his is spoken of , called Bertrannus , whom he advanced in honour , and matched in a Noble Family . But why should we more look for particulars of his Incontinency , then of his Prodigality ? for he was taxed no lesse for being Prodigall , then for being Incontinent ; and yet of his Prodigality there is not so much as one instance recorded , unlesse we take this for an instance ; that when his Chamberlaine brought him a paire of hose , which because they were new , he asked what they cost ? And being told they cost three shillings , in a great chafe he threw them away ; asking him , If he thought a paire of hose of three shillings , to be fit for a King to weare ? Get thee gone ( saith he ) and let me have a paire of a Marke . His Chamberlaine went , and bringng him another paire scarce so good as the former , and telling him they cost a Marke ; I marry ( saith the King ) these are something like , and was better satisfied with hearing what they cost , then with seeing what they were worth : and yet was this no imputation to his wisdome , for to say the truth , it is no defect of wisdome in a King to be ignorant what his cloaths are worth . Of his wavering in Religion . HE appointed a disputation to be held betweene Christians and Jewes , and before the day came , the Jewes brought the King a Present , to the end they might have an indifferent hearing ; The King took the Present , encouraging them to quit themselves like men : and swore by Saint Lukes face ( his usuall oath ) that if they prevailed in Disputation , he would himselfe turne Jew , and be of their Religion . A young Jew on a time was converted to the Christian Faith , whose Father being much troubled at it , presented the King sixty Markes , intreating him to make his sonne to returne to his Judaisme ; whereupon the King sent for his sonne , commanding him without more adoe to returne to the Religion of his Nation . But the young man answered , he wondred his Majesty would use such words ; for being a Christian , he should rather perswade him to Christianity : with which answer the King was so confounded , that he commanded the yo●g man to get h●m out of his sight . But his Father finding the King could doe no good upon his sonne , required his money againe ; Nay ( saith the King ) I have taken paines enough for it , and yet that you may see how kindly I will deale , you shall have one halfe ; and the other halfe you cannot in conscience deny me . There were fifty Gentlemen accused for hunting and killing the Kings Deere , which they denied , and were therefore condemned to the triall of fire ; which by Gods mercifull judgement they passed through untouched : the King hearing it , and deceived of the confiscation he expected , is said in a great chafe to say ; How happens this ? Is God a just Judge in suffering it ? Now a murraine take him that beleeves it . It seemes also he doubted of many points of Religion , then in credit . For he would often prote●t , that he beleeved not that Saints could profit any man in Gods sight , and therefore neither would he , nor any other that were wise ( as he affirmed ) make Intercession either to Peter , or to any other for helpe . Affaires of the Church in his time . THe King claimed the Investiture of Bishops to be his right , and forbad Appeales and Intercourse to Rome ; ( for no Appeales had ever beene used till Anselme in this Kings Reigne appealed to the Pope ) upon whose complaint the Pope was about to Excommunicate the King , but having a little before Excommunicated the Emperour Henry the fourth ( the first Christian Prince with Soveraigne author●ty , that was ever Excommunicate by any Pope ) he forbore at that time to doe it , lest by making Excommunication common , he should make it be slighted . At this time great contention arose betweene the King and the Arch-Bishop Anselme : and Ans●lme not yeelding to the King in any point prejudiciall to the Popes authority ; nor the King yeelding to Anselme in any point prejudiciall to his owne Prerogative ; ( which were points indeed Incompatible ) the contention continued long and hot , and the hotter , because there were at that time two Popes on foote at once : one elected by the Conclave , called Urbanus the second ; another set up by the Emperour , called Clement the third : for Anselme held with Urban , the King with Clement : and thus not agreeing in a third , it was impossible they should agree between themselves ; and this contention , though palliated with pretentions , somtimes of one side , sometimes of another , yet brake out againe , and was renewed both in this Kings time , and in the times of many Kings after . Anselme often threathing his going to Rome , the King told him plainely he would not thrust him out of the Realme , but if he would goe without his leave , he would then keepe him out during his pleasure ; and besides , he should carry nothing out of the Realme wi●h him : yet Anselme ventured it , and the King performed it ; for William Warlewast was sent to rifle him in his passage at Sea of all he had , neither was he suffered to returne as long as the King lived ; during all which time , the King tooke the profits of his Archbishoprick to his owne use . It may not be amisse to shew a passage here concerning the first cause of contention betweene the King and Anselme , which some say was this ; The King required a thousand Markes of him for having preferred him to that See : which Anselme refused to give , as judging it no lesse Simony to give after the preferment then before : but yet afterward offering five hundred pounds , the King refused to accept it , as being worth ( he said ) five times as much : whereupon Anselme told him , Your Grace may have me , and all that is mine , to serve your turne in a friendly manner ; but in the way of servitude and bondage , you shall never have me nor mine : Which words so angred the King , that they could never after be reconciled . In this Kings Reigne Pope Urbane exhorted all Christian Princes to joyne together for recovery of Ierusalem and the Holy Land : and by the solliciting of Peter an Hermite , there assembled for that enterprise , under the conduct of Godefry of Bulloigne , to the number of three hundred thousand men ; amongst whom was Robert Duke of Normandy , who so valiantly carried himselfe in the action , that after Ierusalem was won , the Kingdome of it ( as some write ) was offered to him : but he looking more after the Kingdome of England , and therefore refusing it ; It is observed he never prospered all his life after . In this Kings Reigne , although he had no command in Ireland , yet their Bishop of Dublin was sent over to Anselme Arch-bishop of Canterbury , to be Consecrated by him ; and the Citizens of Waterford also desiring to have a Bishop , procured Murcherdach , King of Ireland , to write to Anselme , to give his consent . Also in this Kings dayes , the Pope forbad the marriage of Priests . Workes of piety of this King , or by other in his time . THis King gave to the Monkes of Southwarke , the Church of Saint Saviour of Be●mondsey , and Bermondsey it selfe ; he also Founded at Yorke the Hospitall of Saint Leonards : He gave the Church of Saint Peter in the City of Bathe to be a Bishops See. Hugh Earle of Chester , in this Kings dayes builded the Abbey of Chester : Oswald Bishop of Salisbury , Founded the Cathedrall Church of Salisbury : Remigius Bishop of Dorchester , to the end his Bishoprick might be removed to Lincolne ; beganne to build the Cathedrall Church of Lincolne ; and Lanfrank Arch-Bishop of Canterbury builded two Hospitals without the City ; the one of Saint Iohn , the other at Harbaldowne , repaired Christs Church , and caused five and twenty Manors to be restored to that See , which had unjustly beene withholden . He repaired also the Abbey of Saint Albans , and the Church of Rochester , where for foure secular Priests , he placed to the number of fifty Monkes . In the sixth yeare of this Kings Reigne , William Warren the first Earle of Surrey , and Gundred his wife , Founded the Abbey of Lewis in Sussex : and Warren Earle of Shrewsbury built two Abbeys , one in the Suburbs of Shrewsbury , the other at Wenlock . In his twelfth yeare , Robert Losaunge , Bishop of Thetford , removed his See from Thetford to Norwich , and founded there a faire Monastery . His buildings and Structures . THis King enlarged the Tower of London , and compassed it with new wals : he also built the great Hall at Westminster , being 270. foote in length , and 74. in breadth ; but thinking it too little , he intended to have built another Hall which should have stretched from the Thames to the Kings streete . He repaired the City and Castle of Carlile , which had beene wasted by the Danes two hundred yeares before , and because it had but few Inhabitants , he brought a Colony thither out of the Southerne parts . He finished New-Castle upon Tyne , and many other Castles he erected or repaired upon the borders of Scotland ; many also upon the frontires , and within the very breast of Wales . Casualties happening in his Reigne . IN the fourth yeare of his Reigne , on Saint Lukes day , above six hundred houses in London were throwne downe with tempest ; and the roofe of Saint Mary Bow Church in Cheape , was so raised , that in the fall six of the beames being 27. foote long , were driven so deepe into the ground : ( the streets being not then paved with stone ) that not above foure foote remained in sight , and yet stood in such ranke and order as the workmen had placed them upon the Church . Also in this Kings Reigne all the Lands in Kent , sometimes belonging to Earle Godwin , were by breaking in of the Sea covered with Sands , and are called Godwins Sands to this day . In his eleventh yeare , at a Towne called Finchamstead in the County of Barkshire , a Well cast out bloud , as before it had done water : and after by the space of fifteene dayes , great flames of fire were seene in sundry places and at sundry times . Of his Personage and Condition . HE was but meane of stature , thick and square bodied , his belly swelling somewhat round , his face was red , his hai●e deepe yellow , whereof he was called Rufus ; his forehead foure square like a window ; his eyes spotted , and not one like another ; his speech unpleasant , and not easily uttered , specially when he was moved with anger . Concerning the qualities of his minde , they may best be knowne by looking upon the actions of his life ; in which we shall finde he was never more assured , then when he was least sure , never lesse dejected , then when in most extremity ; being like a Cube , that which way soever he fell , he was still upon his bottome . For his delights to passe the time , there was none in more request with him then hunting , a delight hereditary to him , which was the cause that as his Father had begunne the great new Forest , so he enlarged it to a farre greater extent . Other delights of his we finde not any , unlesse we shall reckon his warres for delights : for though they were oftentimes forced upon him , when he could not avoyd them ; yet sometimes he entred into them when he needed not , but for his pleasure . And in generall , it may be said that one of his greatest vertues , was that which is one of the greatest vertues , Magnanimity ; and his worst vice , was that which was the worst of vices , Irreligion . Presages that preceded his Death . AT Finchamstead in Barkshire , neare unto Abington , a spring cast up liquor for the space of fifteene dayes , in substance and colour like to bloud . The night before the King was kild , a certaine Monk dream'd , that he saw the King gnaw the Image of Christ crucified with his teeth ; and that as he was about to bite away the legges of the same Image , Christ with his feete spurned him downe to the ground : and that as he lay on the earth , there came out of his mouth a flame of fire , with abundance of smoake . This being related to the King by Robert Fits Mammon , he made a jest of it , saying ; This Monke would faine have something for his Dreame : Goe , give him a hundred shillings ; but bid him looke that he dreame more auspitious Dreames hereafter . Also the same night , the King himselfe dream'd that the veines of his armes were broken , and that the bloud issued out in great abundance : and many other like passages there were , by which it seemes he had friends somewhere , as well as Iulius Caesar , that did all they could to give him warning : but that as Caesars , so his Malus Genius would not suffer him to take it . Of his Death and Buriall . KIng William having kept his Christmas at Glocester , his Easter at Winchester , his Whitsontide at Westminster , notwithstanding forewarned by many signes of some great dysaster towards him , would needs the day after Lammas , goe a hunting in the New Forest ; yet something resenting the many presages , he stayed within all the forenoone : about dinner time , an Artificer came and brought him sixe Crosse-bow Arrowes , very strong and sharpe ; whereof foure he kept himselfe , and the other two he delivered to Sir Walter Tyrell , a Knight of Normandy his Bow-bearer ; saying , Here Tyrell , take you two , for you know how to shoot them to purpose : and so having at dinner drunke more liberally then his custome , as it were in contempt of Presages , out he rides into the new Forest , where Sir Walter Tyrell shooting at a Deere , the arrow glanced against a tree , or as some write , grazed upon the back of the Deere , and flying forward , hit the King upon the breast ; with which he instantly fell downe dead . Thus it is delivered by a common consent of all ; onely one Sugerius , a writer that lived at that time , and was a familiar acquaintance of the said Tyrels ; against the current of all Writers , aff●irmes that he had often heard the said Sir Walter sweare that he was not in the Forest with the King all that day . I have beene the longer upon this point , because a more pregnant example of Gods judgement remaines not any where upon Record . For not onely this King at this time , but before this , a brother of his named Richard , a young Prince of great hope ; and also a Nephew of his , the sonne of his brother Robert , came all in this place to violent deaths : that although King William the Founder of the Forest , escaped the punishment in his owne person , yet it was doubled and trebled upon him in his issue . Thus died King William Ruf●s , in ●he three and fortieth yeare of his age , and twelfth and some moneths of his Reigne . His body was drawne in a Colliers Cart with one Horse to the City of Winchester , where the day following it was buried in the Cathedrall Church of Saint Swithen , and was laid there in the Quire under a Marble stone , till afterward it was translated , and laid by King Canutus bones . Men of Note i● his time . FOr men of valour , he must stand alone by himselfe : for men of learning , there was Lanfranke , a Lombard , but Bishop of Canterbury : also Robert a Lorayne , who Epitomized the Chronicle of Marianus Scotus : also Turgotus an English man , Deane of Durham , who wrote the Annals of his owne time , and divers other works : but especially Osmund Bishop of Salisbury , who composed the ordinary Office , or book of Prayer . THE RAIGNE OF KING HENRY THE FIRST . Of his comming to the Crowne . ALthough Henry came not to the Crowne , as his Brother William did , by the gift of his Father , yet he came to it by the Prophesie of his Father : For , when his Father made his Will , and divided all his Estate in Land betweene his two eldest Sonnes , giving to Henry his youngest onely a portion in money , with which division he perceived him to be much discontented ; he said unto him , Content thy selfe Harry , for the time will come , that thy turne shall be served as well as theirs . And now the time was come that his prediction was accomplished ; for on the fifth of August , in the yeare 1100. he was Crowned King of England , at Westminster , by Maurice Bishop of London , ( as Deane of all the Bishops of England , and therefore might doe it without any prejudice to the Arch-bishop of Canterbury , though he had beene present , who was indeed at this time in Exile . ) But though it appeares fuisse in Fatis , to be decreed by the Divine Providence that it should be so , yet it would not have been so , if his owne endevours had not beene concurring . And therefore being in the New Forest , when his Brother King William was killed , he never stayed to complement the Dysaster , but rode presently to Winchester , and there , not without some opposition of the keepers , seis●d upon his Brothers Treasure , as knowing treasure to be the meanes for getting of Friends , and Friends the meanes for getting the Crowne ; and having now gotten the first meanes , he made use of it for the s●cond , and both of them together brought him to this he is . Yet withall there were circumstances in his owne Person that conduced to it ; his Brother was borne , when their Father was but a Duke , he , when he was a King ; Robert was a Forrainer , being borne in Normandy , himselfe a Native , borne at Selby in Yorkeshire ; and it was not the least circumstance , that he was called Beauclerke , as to say , a good Scholar , having beene bred in Cambridge ; not perhaps that his learning was so great , but that it was great , either in respect of that age , which had but little ; or in respect of his Brothers , who had none at all : and the People having beene oppressed before , by the ill Government of two Kings , that were illiterate ; could not chuse but be glad to come under the Government of a King ●hat was Learned . And though his Brother Robert , as being the Elder , had right unto it , yet he as out of sight was out of minde , and perhaps neglected , as being himselfe negligent ; withall it was given out , that he was chosen King of Hierusalem , and therefore no looking for him to come home ; and to give force to all these reasons , Henry Newborough Earle of Warwicke was a principall ●urtherer . His course for establishing himselfe in the Kingdome . IT is a hard matter to keepe that safely , which is unjustly gotten ; and therefore he tooke all possible care to overcome that hardnesse : which he effected by these meanes ; First , he called Anselme Arch-bishop of Canterbury home from Exile ; placed William Gyfford a learned man , in the Bishopricke of Winchester ; and Monasteries that had beene long vacant , he furnished with good Abbots . And because it is no lesse pleasing to the People , to have bad instruments punished , then the good to be advanced , he cast Ralph Bishop of Durham , ( a principall cause of their late oppressions ) into prison : then mitigated the rigour of the new Lawes ; and promised restitution of the old . And that there might be no abuse in measures , he ordained a measure , made by the length of his owne Arme , which is called a Yard . He restored to his Subjects the use of Lights and Fire in the night , which before had beene forbidden after eight a clocke at night . He acquited the People from the Taxe of Danegelt , and from all other unjust payments , which had beene imposed upon them by the two former Kings . He gave free liberty to the Nobility and Gentry of the Realme , to inclose Parkes for Deere , and Warrens for Coneyes ; and such like game . And because he knew Scotland might be an ill Neighbour to him , if not tyed by some Bond , and none so sure as the Bond of Alliance , he therefore takes Matild sister of the present King Edgar to be his Wife . His Troubles during his Raigne . RAlph Bishop of Durham , the late King Williams great Instrument for Exactions , that had by this King beene committed to the Tower , made an escape , and passing over to Duke Robert in Normandy ; incenseth him , not to suffer himselfe to be baffled by a younger Brother ; as for his Brother William , there was some reason , because his Father had given him the Kingdome by his Will , but what could Henry pretend , who had his Portion given him in money ? Besides , it was an agreement with his Brother William , with consent of all the Lords of the Re●lme , that the Surviver of them should succeed . With such like instigations , and withall assuring him , there were many in England would take his part ; he easily perswaded the Duke to that , from which he could hardly have disswaded him ; who thereupon with a convenient Army , puts to Sea , and lands at Portsmouth , while Henry waited for his comming about Hastings ; and being landed there , much people resorted to him , that it was like to have beene a bloody businesse ; but by mediation of Friends , working upon the flexible nature of Duke Robert , it was brought at last to this agreement , that King Henry should pay to Duke Robert , three thousand markes yearely , and Duke Robert should succeed him in the kingdome , if he survived . And thus , this cloud , that threatned so great a storme , brought with it , ●ather Sunshine and faire weather : for now , to his possession of the Kingdome , there was added a right , and he might now justifie his being a King , without any scandall or usurpation . After this , another little cloud arose , but was soone dispersed : For Robert de Belesme Earle of Shrewsbury , a rash young man of disposition , but more through discontentment , though discontented for nothing , but that having a great Estate , he was not a King as well as some others , fortifyed the Towne of Shrewsbury , and the Castle of Bridgenorth , and got many Welshmen to assist him , but the King comming with a mighty Army , so terrifyed the Welsh , that they abandoned the Earle , and left him a prey to the King in his person , and more in his Estate , for the King seised his Estate into his hands , but for his Person he onely banisht it the Realme . For as yet , the shedding of blood and putting to death , though for great Treasonable practises , was not much in use ; Policy of State was not yet growne to that heighth of severity . The like attempt , and upon the like occasion , was made by William Earle of Mortaigne in Normandy , and of Cornwall in England , Unckle to the King , onely for denying him the Earledome of Kent , which because he could not obtaine , he entred into Treasonable practises , by which he lost the Earledomes he had before . But these troubles were but as the labour of a Woman that is safely delivered ; painefull for a time , but ending in joy : and indeed for the most part this King had the fortune to be a gainer by his losses . After this , Duke Robert came in kindnesse into England , to visit● his Brother Henry ; where he was so well pleased with his entertainment , that in requitall thereof , and to doe a favour to the Queene , that was his God-daughter ; he released to King Henry , the three thousand markes , which he was yearely to pay him . But returning into Normandy , and considering better what he had done , he so repented him , that he spared not to give out , that his Brother had directly cousened him . Which comming to King Henryes eare , so incensed him , that he presently sent over a mighty Army , which forraged the Country , and wonne many Townes and Cities , and soone after went over himselfe ; where he so prevailed , that he left Duke Robert but onely Roan in all Normandy to put his head in , and this done , returnes into England . And now Duke Robert beginnes to be sensible of his owne weaknesse , and therefore comes over into England to try the u●●ermost of his Brothers good nature ; himselfe had sent him a Tunne of Wine to refresh him withall , when in a siege he was ready to perish for want of water : and it cannot be , but that gratefulnesse and naturall affection , meeting together , must needes worke something in the minde of a Brother . Thus resolved , he presents himselfe to the King , referring both his Dukedome and himselfe , and all differences and debates to his will and pleasure . But whether incensed with the scandalous words , Duke Robert had given out of him , or whether aspiring to joyne Normandy to England , as his Father had done before ; King Henry scarce vouchsafed to heare him speake , at least vouchsafed not to make him any answer , but in a sullen manner turned away , and so left him : which scornefull usage put the Duke into such indignation , that he resolved to set his whole state at stake , and either to redeeme his disgrace , or to forfeit his life . So returning into Normandy , he useth all his force in raising of Forces , but King Henry suspecting his intentions , and not using to give Insurrections time to ripen , came upon him so suddenly with a mighty Army , that he drew him to a battell before he was halfe ready to fight . Yet desire of revenge so animated the Duke , and the Duke his Souldiers , that never battell was more fiercely fought , and the Normans seemed at first to have the better , till King Henry shewing himselfe in the Army , put such courage into his Souldiers , that they quickly made good the advantage they had in number , and King Henry obtained a compleate victory , both in slaughter of men , ( of whom there wer● slaine above ten thousand ) and in taking of prisoners , ( to the number of foure hundred ) amongst whom , besides divers other Great ones , as the Earle of Mortaigne , William Crispine , and William Ferreis , was Duke Robert himselfe , whom the King , ( having first taken order for all things , in his new State of Normandy ) brought over with him into England , and committed him to the Castle of Cardyffe in Wales , where he remained a prisoner till he dyed , used for a time with reasonable liberty for Recreation , till attempting to make an esc●pe , it was thought fit to put out his eyes ; which though it encreased his misery , yet it shortned not his life , for he lived many yeares after , in all , from the time of his first imprisonment , sixe and twenty . And thus this great Duke , who in his birth was the joy of Nature , in his life was the scorne of Fortune ; and it is not unworthy the observing , that the English wonne Normandy , the very same day forty yeare , the Normans had wonne England . Such Revolutions of fortune there are in kingdomes , and so unstable is the state of all worldly Greatnesse . And now is King Henry as great as ever his Father was , and as Greatnesse draws envy , as much envyed as ever his Father was ; and as Envy makes Enemies , as much opposed as ever his Father was : for now Fulke Earle of Angio● , and Baldwyne Earle of Flanders , upon small occasions , and Lewis the grosse King of France , upon none , but such as envy suggested , seeking to place William , Sonne to Duke Robert , in his Right to Normandy , assaulted the Kings Dominions , perhaps to try whether Greatnesse had not made him unwieldy ; but King Henry , to shew that Greatnesse had made him more Active , went over into Normandy with a mighty Army , and at Nice encountred the French King , where a bloody Battell was fought , with exceeding valour on both sides , but at last King Henry repelled the French King , and recovered Nice , and after many other conflicts betweene them , with variety of Fortune , at l●st the King made peace with the Earle of Angiou ; confirmed by a marriage of the Earles Daughter with his Sonne William● and upon this also the two Kings grow to a peace , in which William , Son to King Henry , being about seventeene yeares of age , was invested into the Dutchy of Normandy , doing homage for the same to the King of France : From whence it was afterward a Custome , that the King of Englands eldest Sonne ( as long as Normandy remained in their hands ) was made alwayes Duke of Normandy . After this , Charles Earle of Flanders , being slaine at Bruxels by a conspiracy of his owne people , and leaving no issue behind h●m , Lewis King of France invested William , Sonne to D●ke Robert , in the Earledome of Flanders , as descended from Ea●le Baldwyn , whose Daughter Maude was wife to King William the first , and Grandmother to this William : so as William now having gotten this steppe of advanc●ment , seekes to goe on , and to recover Normandy , and was thereof , by assist●●ce of the King of France , in a faire possibility , when in a certaine light con●l●ct , receiving a wound in his hand , the thread of his faire possibility was upon a suddaine cut off , and of that light wound , he shortly after dyed . King Henry now in perfect peace abroad , was not without some little disquietings at home , and marching thorow Powis-land in South Wales , to represse some Insurrections of the Welsh , he came to certaine Straights , where his maine Army could not passe , in which place the King was smitten with an Arrow full upon the breast , whereat he swore by our Lords death ( his usuall Oath ) that it was no Welsh arme , had shot that Arrow , yet in this dist●esse , for a thousand head of Cattell , he had the passage left open , and came safely off . And these were his troubles of Armes , both at home and abroad , during all his Raigne . His Taxations and wayes for raising of money . TOwards the marriage of his Daughter Maude with the Emperour , he obtained at his first Parliament at Salisbury , three shillings upon every Hide of Land , throughout the kingdome ; which was afterward drawne to a custome , to receive ayde from the Subjects , whensoever the King gave his eldest Daughter in marriage . Besides this he had no more in all his Raigne , but onely one supply for his Warres in France ; but he kept Bishoprickes and Abbeyes voyd in his hands , and that of Canterbury five yeares together . By an Act of Parliament , or rather by a Synod of Bishops holden at London , he was authorised to punish marriage , and incontinency of Priests ; which the Bishops afterwards repented , for he suffered Priests to have Wives for Fines , or rather tooke Fines of them whether they had wives or no , b●cause they might have them if they would . Punishments which before his time were mutilation of Member , he made Pecuniary . And the Provisions of his house , which were used to be paid in kind , were in his time rated at certaine prizes , and received in money . By this Chapter and the next before , it appeares there were in this Kings dayes , but few troubles at home , nor but few Taxations ; whereo● the one may be thought to be cause of the other , the first perhaps of the second , but certainely the second of the first . Lawes first instituted in his t●me . HE first instituted the forme of the High Court of Parliament : for before his time , onely certaine of the Nobility , and Prelates of the Realme were called to consultation , about the most important affaires of State , but he caused the Commons also to be assembled , by Knights and Burgesses of their owne appointment , and made the Court to consist of three parts , the Nobility , the Clergy , and the Common people , representing the whole body of the Realme , and appointed them to sit in severall Chambers , the King , the Bishops , and Lords of the Realme in one Chamber , and the Commons in another , to conferre together by them●elves . Other Orders of that Court he Ordained , as they are in use at this day . The first Councell of this sort was held at Salisbury , on the 19. day of Aprill , in the 16. yeare of his Raigne . He forbad the wearing of long haire ; which at that time was frequent , after the manner of the French. He commanded Robbers upon the High way , to be hanged without redemption : of whom a famous one at that time was one Dunne , and of him , the place where he most used , by reason of the great Woods thereabouts , is to this day called Dunstable , where the King built the Borough as now it standeth . Counterfeiters of money he punished with pulling out their eyes , or cutting off their privy members , a punishment both lesse then death , and greater . Affaires of the Church in his time . AT his first comming to the Crowne , he fo●bore his claime to the Investit●res of Bishops , but after he had beene King some time , he claimed that both to invest Bishops , and to allow , or hinder appeales to Rome , belonged to him . In these , Anselme Archbishop of Canterbury opposed him , affirming that both of them belonged to the Pope . The contention at last was brought to the Pope , to whom King Henry sent William Warlewast , elect Bishop of Exceter , who saying to the Pope , that his Master would not , for the Crowne of his Realme , lose the Authority of Investing his Prelates , the Pope started up and answered , Neither will I lose the disposing of Spirituall Promotions in England , for the Kings head that weareth the Crowne ; before God ( said he ) I avow it . So the contention grew long and hot , and many messengers were sent to and fro about it , the conclusion was ( which proved no conclusion ) that the King should receive homage of Bishops elect ; but should not Invest them by Staffe and Ring : to which the King said no●hing for the present , but forbore not to doe it ever the lesse : for five yeares after the death of Anselme , Ralph Bishop of Rochester , was by the King made Arch-bishop of Canterbury , and notwithstanding all former Decrees , and Threatnings of the Pope , he received his Investiture of the King. About this time a Canon was made against the Marriage of Priests , to which purpose Iohannes Cremensis , a Priest Car●dinall , by the Kings licence came into England , and held a solemne Synod at London , where inveighing sharpely against it , affirming it to be no better then profest Adultery , he was himselfe the night following , taken in bed with a common harlot . Even Anselme himselfe , the most earnest enforcer of single life , dyed not , it seemes , a Virgin , for else he would never in his Writings make such lamentation for the losse thereof . Anselme about this time dying , Rodulph succeeded in the See of Canterbury , and Thomas dying , Thurstine succeeded in the Arch-bishopricke of Yorke : betweene which two Prelates , there arose great contention ; Rodulph would not consecrate Thurstine , unlesse he would professe obedience ; Thurstine was content to embrace his benediction , but professe obedience he would not : In this contention the King takes part with Rodulph , the Pope with Thurstine : after many passages in the businesse , upon the Popes threatning to Excommunicate the King , Thurstine entred upon his Bishopricke , and the King connived . In the tenth yeare of his Raigne , the Abbey of Ely was made a Bishops See , and Cambridgeshire was appointed for the Diocesse thereof , which because it belonged before to the Jurisdiction of Lincolne , the King gave the Bishop of Lincolne , in recompence thereof , the Manor of Spalding . This King also created a Bishopricke at Carlile , and endowed it with many Honours . In his time , the Order of the Templars beganne , and in the 27. yeare of his Raigne , the Grey Fryers , by procurement of the King , came first into England , and had their first house builded at Canterbury . I may here have leave to tell two stories of Church-men , for refreshing of the Reader : Guymond the Kings Chaplaine , observing that unworthy men for the most part were advanced to the best dignities of the Church , as he celebrated Divine Service before him , and was to read the●e words out of Saint Iames , [ It rained not upon the Earth , III yeares and VI moneths ] he read it thus ; It rained not upon the Earth , one , one , one yeares , and five one moneths . The King observed his reading , and afterwards blamed him for it , but Guymond answered , that he did it of purpose , for that such Readers were soonest preferred by his Majesty . The King smiled , and in short time after , pre●erred him to the Government of Saint Frideswids in Oxford . The other is this , Thomas Arch-bishop of Yorke falling sicke , his Physitians told him , that nothing would doe him good , but to company with a woman ; to whom he answered that the Remedy was worse then the disea●e , and so dyed a Virgin. This King granted to the Church of Canterbury , and to William and his successours , the Custody , and Constable-ship of the Castle of Rochester for ever . Workes of Piety done by this King , or by others in his time . THis King Founded and erected the Priory of Dunstable , the Abbey of Circester , the Abbey of Reading , and the Abbey of Shirborne . He also new builded the Castle of Windsor , with a Colledge there : He made also the Navigable River , betweene Torkesay and Lincolne , a worke of great charge , but greater use . His Wife Queene Maude , passing over the River of Lue , was somewhat endangered , whereupon she caused two stone-Bridges to be built , one at the head of the Towne of Stratford , the other over another Streame there , called Channel-bridge , and paved the way betweene them with Gravell . She gave also certaine Manors , and a Mill called Wyggon Mill , for repairing the same Bridges and Way . These were the first stone-Bridges that were made in England , and because they were Arched over like a bow , the Towne of Stratford was afterward called Bow. This Queene also founded the Priory of the Holy Trinity , now called Christs Church , within the East Gate of London called Aldgate ; and an Hospitall of Saint Giles in the Field , without the West part of the City . In this Kings time Iordan Brifet Baron , Founded the House of Saint Iohn of Hierusalem , neare to Smithfield , in London , and gave 14. Acres of ground , lying in the field next to Clerkenwell , to build thereupon a House of Nunnes , wherein he with Myrioll his Wife were buryed in the Chapter house . Robert Fitsham , who came out of Normandy with the Conquerour , Founded anew the Church of Teukesbury , and was there buryed . Herbert Bishop of Norwich , Founded the Cathedrall Church there . The Priory and Hospitall of Saint Bartholomew in Smithfield , was Founded by a Minstrell of the Kings , named Reior who became first Prior there . Before this time Smithfield was a Laystall of all ordure and filth , and the place where Felons were put to Execution . Hugh Lacy Founded the Monastery of Saint Iohn at Lanthony , neare to Glocester . Iuga Baynard , Lady of little Dunmow , Founded the Church there , and gave to maintaine it , halfe a Hide of Land. This Lady Iuga was late Wife to Baynard , that first built Baynards Castle in London . Eud● the Kings Sewer , Founded the Monastery of Saint Iohn at Colchester , of blacke Chanons , and those were the first of that Order in England . Simon Earle of Northampton , and Mande his Wife , Founded the Monastery of Saint Andrew in Northhampton . In the seventh yeare of this Kings Raigne , the first Chanons entred into the Church of our Lady in Southwarke , called Saint Mary Overey ; Founded by William Pountlarge knight , and William Dancyes , Normans . Robert the first Earle of Glocester , the Kings base Sonne , builded the Castles of Bristow and Cardyffe , with the Priory of Saint Iames in Bristow : And his Sonne Earle William began the Abbey of Kensham . Geoffrey Clinton , Treasurer , and Chamberlaine to the King , Founded the Priory at Kenelworth , of Regular Chanons . Henry Earle of Warwicke , and Margaret his Wife , Founded the Colledge of Saint Mar● , in the Towne of Warwicke ; and Roger de Belemond his Sonne , and Ellyne his wife , translated the same Colledge into the Castle of Warwicke , in the yeare 1123. Roger Bishop of Salisbury built the Devises in Wiltshire ; the Castles also of Mamesbury and Shirborne . He repaired the Castle of Salisbury , and environed it with a wall ; he also built the stately Church of Salisbury : destined to a longer life then any of his other workes . Ralph , Bishop of Durham , began to build the Castle of Norham , upon the banke of the River of Tweed . In the 32. yeare of this Kings Raigne , the Priory of Norton in Cheshire , was founded by one William , the sonne of Nychel , and the Abbey of Cumbermere in the same Shire . The Colledge of Secular Chanons also in the Castle of Leycester , and the Abbey without the North gate of the same Towne , called Saint Mary de Prato . Also in this Kings Raigne , was Founded the Monastery of Plimpton in Devonshire , with the Cathedrall Church of Exet●r ; the Priory of Merton , the Hospitall of Kepar , the Priory of Oseney neare Oxford by Robert de Oylye Knight : and the Hospitall of Saint Crosse neare Winchester by Henry Blois Bishop there : also Robert Earle of Ferrers Founded the Abbey of Merivall : and indeed so many in his time were built , that one would thinke the Inhabitants of England to be all Carpenters and Masons , that were able to finish so many great buildings in so short a time as this Kings Raigne . ● Casualties happening in his time . IN this Kings dayes all the foure Elements were guilty of doing much mischiefe , but chiefely the water : For King Henry returning into England after his conquest of Normandy , left his sonne William with his sister Mary Countesse of Perche ; Richard his sonne by a Concubine ; the Earle of Chester with his wife Lucie , the Kings Neece by his sister Adela , and other Lords and Ladies , and passengers to the number of 180. to follow after him : who taking Shipping ( and ●he best Ship the King had ) whether by carelesnesse , or drunkennesse of the Saylours , were all drowned . The Prince indeed was got into the Ship-boate , and out of danger ; but hearing the lamentable cries of his sister , compassion wrought so in him , that he turned about his boate to take her in , which over-charged with the multitude , over-turned , and they all perished : none escaped but onely one Saylour , who had been a Butcher , who by swimming all night upon the Mast , came safe to Land. An accident not more grievous then exemplary ; for amongst other conclusions , from hence we may gather , that no state is so uncertaine as prosperity ; no fall so sudden as into adversity ; and that the rule [ He that stands , let him take heed he fall not ] cannot alwayes be observed , because a man happens sometimes to fall before it is possible for him to take heed . Another great mischiefe was in this Kings dayes wrought by the water ; for by the breaking in of the Sea , a great part of Flanders was drowned : whereupon a great number of Flemmings being Suiters to King Henry for some place to inhabit ; he assigned them a part in Wal●● neare the Sea , called Pembrokeshire , where they have inhabited to this day : the King by this one action , working two good effects , both shewing compassion to distressed strangers , and putting a bridle upon unquiet Natives . But the water had another way to doe mischiefe as much by defect , as this was by excesse ; for upon the tenth of October , the River of Medway many miles together did so faile of water , that in the midst of the Channell , the smallest vessels could not passe : and the same day also in the Thames , betweene the Tower of London and the Bridge , men waded over on foote for the space of two dayes : also at another time the River of Trent at Notingham was dryed up a whole day . Now for the Earth , though naturally it be without motion , yet it moves sometimes when it is to do mischiefe , specially being assisted by the Aire ; as in this Kings dayes , it moved with so great a violence that many buildings were shaken downe , and Malmesbery saith , that the house wherein he sate , was lifted up with a double remove , and at the third time setled againe in the proper place . Also in divers places it yeelded forth a hideous noyse , and cast forth flames at certaine rifts many dayes together , which neither by water , nor by any other meanes could be suppressed . But yet the active Element of Fire was busiest of all , for first Chichester with the principall Monastery was burnt downe to the ground : From West-cheape in London to Aldgate , a long tract of buildings was consumed with fire : Worcester also and Rochester , even in the Kings presence ; then Winchester , Bathe , Glocester , Lincolne , Peterborough , and other places , did also partake of this calamity , that there could be n● charging the fire with any partiality : and to speake of one forraine casualty , because a strange one . In Lombardy this yeare was an Earthquake that continued forty dayes , and removed a Towne from the place where it stood , a great way off . Of his Wives and Children . AT his first comming to the Crowne , he married Matild or Maude , sister to Edgar then King of Scotland , and daughter to Malcolme by Margaret the sister of Edgar Etheling . This Matild , if she were not a veyled Nun , she was at least brought up in a Nunnery , and thereby growne so averse from marriage , that when the motion was first made her to marry with King Henry , she utterly refused it , as resolved though perhaps not vowed , to die a Virgin ; till at last importuned , and even forced by the authority of her brother , she rather yeelded then consented ; for she did it with so ill a will , that it is said she prayed , if ever she had issue by the marriage , that it might not prosper : and indeed it prospered but untowardly , as will be seene in the sequell . But though she made this imprecation before she knew what it was to be a Mother , yet when she came to be a Mother , she shewed her selfe no lesse loving and tender of her children , then loyall and obsequious to her husband . And to make amends for this seeming impiety towards her children , there is a story related of her reall piety towards the poor : for a brother of hers comming one morning to visit her in her chamber , found her sitting amongst a company of Lazar people , washing and dressing their ulcers and sores ; and then kissing them afterward when she had done : who wondring at it , & saying to her , How could she think the King should like to kisse that mouth , which had kissed such filthy ulcerous people ? she answered ; she had a greater King to kisse , who she knew would like her never the worse for it . By this Queen Matild , King Henry , according to some Writers , had foure children ; but as the received opin●on is , onely two , a sonne named William , and a daughter called Mawde ; of whom the sonne at foureteene yeares old had fealty sworne to him by the Nobility of Shrewsbury : at seventeene married the daughter of F●lke Earle of Anjou : and at eighteene was unfortunately drowned , as hath beene shewed . The daughter lived to be an Empresse , and afterwards a Dutchesse ; but could never come to be a Queene , though borne to a Kingdome ; as shall be shewed hereafter . She survived her second husband seventeene yeares , living a Widow , and at R●an in Normandy died , and was buried there in the Abbey of Bec ; though there be ● Tradition that she was buried at Reading , in the Abbey there beside her Father : but ●t appeares to have beene a custome in those dayes , for great personages to have their Monuments erected in divers places . After the death of this Queene Matild , who died at Westminster , in the eighteenth yeare of his Raigne , King Henry married Ade●za , the daughter of Godfry Duke of Lorraine ; who though she were a beautiful and accomplisht Lady , yet had he never any iss●e by her . When she was to be Crowned , Ralph Arch-bishop of Canterbury , who was to doe the office , came to King Henry , sitting Crowned in his chaire of State , asking him who had set the Crowne upon his head ? the King answering , he had now forgotten , it was so long since . Well ( said the Arch-bishop ) whosoever did it , did me wrong , to whom it belonged ; and as long as you hold it thus , I will doe no office at this Coronation . Then ( saith the King ) doe what you thinke good : whereupon the Arch-bishop tooke the Crowne off from the Kings head ; and after , at the peoples intreaty , set it on againe , and then proceeded to Crowne the Queene . By Concubines King Henry had many children ; it is said seven sonnes , and as many daughters : of whom , some perished in the great Ship-wrack ; of the rest , two of the sonnes , Reynold and Robert , were made Earles : Reynold of Cornwall , Robert of Glocester , and was a great assister of his sister Mawde , in her troubles with King Stephen , who after many acts of valour performed by him , in the twelfth yeare of King Stephen , died , and was buried at Bristow . The daughters were all married to Princes and Noble men of England and France , from whom are descended many worthy Families : particularly one of those daughters by An●e C●●bet , was married to Fits-herbert , Lord Chamberlaine to the King● from which Fits-●erbert , our Family ( absit i●vidia verbo ) is by Females descended ; passing by the na●es of Cummin , Chenduit , Brimpton , Stokes , Foxcote , Dyneley , and so to B●ker . Of his Incontinency . OF this enough hath beene said , in saying he had so many children basely● begotten : but if comparison be mad● betweene his brother ●ufus and him , it may be said , that howsoever they might be equall in loosenesse of life ; yet in that loosenesse , William Rufus was the baser , and King Henry the more Noble ; for King Henry had certaine selected Concubines , to whom he kept h●mselfe constant ; where King William tooke onely such as he found : constant to the pleasure , but not to the persons . His course for establishing the succession in Mawde and her issue . HE married his onely daughter Mawde , being but sixe yeares old , to the Emperour Hen●y the fourth ; but he leaving her a Widow without issue● he married her againe to G●●ffrey Plantagenet , sonne to Fulke Duke of Anjo● : not the greatest Prince that was a Suitour for her ; but the fittest Prince for King Henries turne : for Anjou was neighbouring upon Normandy , a great security to it , if a friend ; and as great a danger , if an enemy . And having thus placed her in marri●●● , h● now considers how to establish her succession in the Crowne of England● whereu●on he cals his Nobility together , and amongst them D●vid King o● Scots , and causeth them to give their Oaths of Allegeance to her and her issue : and a● thinking ●e could never ma●e her succession ●ure enough , he causeth his Lords the yeare ●●ter againe to tak● the like Oath , and after that a third time also ; as conceiving that being doubled and trebled , it would make the tye of Allegeance the stronger : wherein nothing pleased him so much , as that Stephen , Earle of ●loi● , was the first man that tooke the Oath , because he was knowne to be , at least known● he might be , a Pretender . But the King should have considered that Reg●i● and therefore no Oath , though never so often iterated , sufficient to warrant loyalty in persons so deeply interessed , as Stephen was : yet providence could doe no more , and the King was well satisfied with it ; especially when hee saw his daughter a mother of two sonnes : for this , though it gave him not assu●ance , yet it ga●e him assured hope to have the Crowne perpetuated in his Poste●ity . Of Ireland in his time . THe King of England as yet had nothing to doe with Ireland , the 〈◊〉 was governed by its owne Kings : and the people of both Nations● 〈◊〉 they were ne●ghbours , yet divided by a rough Sea , but little ●●quai●ted ; but now beganne entercourse to be more frequented : and Murc●●●d●●h , ch●●fe King of the Irish , bore such awfull respect to King Henry , that he would doe nothing but by his counsell , and with his good liking . Whom King Henry used as his Vicegerent in his absence . HE was absent sometimes in Normandy , three or foure yeares together ; during which times , he committed commonly the care of the Realme to Roger Bishop of ●alisbury , a politick Prelate ; and one as fit to be the second in government , as King Henry to be the first . His pers●●●ge a●d conditions . HE was a person tall and strong , ●●●ad breasted , his limbes well kni● , and fully furnished with ●lesh ; his face well f●shioned , his colour cleare , his eyes large and faire , his eye-browes large and thick , his hair● black , and ●omewhat thin●● towards his forehead ; his countenance pleasan● , specially when h● was disposed to mirth . A private man , vilified , and thought to have but little in him : but come to the Crowne , never any man shewed more excellent abilities : so true is the saying , Magistratus indicat virum . His naturall affection in a direct line was strong ; in an oblique , but weake ; for no man ever loved children more , no● a brother l●●●e . Though a King in act , yet he alwayes ac●ed not a King ; but in ba●●●ls some●●m●s the part of a common Souldier , though with more then common valou●●s at a ba●tell in France , where he so farre hazarded himselfe , that though he lost not his life , yet he lost his bloud . Of his death and buriall . A Discontent of minde upon some differences between him and his sonne in law , the Earle of Anjo● , brought upon him a distemper , which encreased by eating , against his Physiti●ns advise , of a L●mprey ; a meate alwayes pl●●s●ng 〈◊〉 him● but never agreeing with him ; cast him into a ●●aver , which in few ●aye● put a p●●i●d to his life : So cer●aine it is , that one intemperate action is eno●●h to overthrow the temperance of a whole life ; as of this King Henry it is said● th●● he seldome did ea● but when he was hungry , never did drink but when he was ●thirst● yet this but on●e yeelding to his sensuall appetite , made h●m forfe●● all benefit of his former abstinence : though some write he too●● his d●●th by the f●ll off his h●rs● . He died upon the first of D●●ember at night , in ●he ye●re 1135. when he had Raigned five and thirty yeares , lived threescore and seven . His bowels , braines , and eyes , were bu●ied at Roan in No●mandy where he died : the rest of ●i● body was stuffed with Salt , wrapped in Oxe hides , and brought over in●● England , and with hono●rable Exequies , buried in the Monastery of ●e●ding● which himselfe had Founded . His Physiti●n that ●ooke out his braines , with the intolerable stinch shortly after died . In this King Henry ended the line of the N●rmans , as touching the Hei●es Males ; and then c●me in the Fre●ch , by the title of Heires generall . Men of n●te in his time . MEn of learning in his time were many● first , Stephen Harding a Benedictine Monke , who was Founder of the Cistercian Orde●● Then Anselme , Arch-bishop of C●●terbury , who be●ides his activenesse in matters of State , writ many great and learned bookes . Then Walt●r C●l●●● , Arch-deacon of Oxford , who delivered a History written in the British tongue , from Brute to Cadwallader , to Geoffry of Mon●●●●●h to translat● , and added forty yeares of his owne ●ime . Also 〈◊〉 a Mon● of W●●c●ster , who writ D● reb●s Gestis Anglorum . Also E●dm●r●s , a M●●k of C●●terbury , who ●●sides oth●r w●●ks , writ the History of his owne t●me , under the two Willi●●s and H●●●y the first . THE RAIGNE OF KING STEPHEN . AFter the decease of King Henry , presently steps upon the Stage of Royalty , Stephen Earle of Boleyne , Sonne to Stephen Earle of ●loys , by Adela , Daughter of King William the Conq●●●our ; and though there were two other before him , Ma●de the Empresse , and Theobald his elder Brother , She in a substantiall right , He in a colourable , yet taking advantage of being Pri●●● Occ●pans , the first Invader , ( as being quickly here after King Henries death , where the other stayed lingring about other Aff●ires ) he solicits all the Orders o● the Realme , Bishops , and Lords , and People , to receive him for their Sover●ine : wherein besides his owne large promises , what great matters he would do for them all , he had the assistance also of Henry his Brother , Bishop of Winchest●r●nd ●nd the Popes Legate , and of Roger , Bishop of Salisbury , his great friend : ( 〈◊〉 the most powerfull men at that time in the State ) who partly by force of Reasons , but more indeed by force then Reasons , procure the State to accept him for their King ; and so upon Saint Steph●ns day , in Anno 1135. he was Crowned at Westminster , in presence of but three Bishops , few of the Nobility , and not one Abbot , by William Arch-bishop of Canterbury , with great solemnity . That which put ● scruple in mens minds , and made them averse at first , from consenting to Stephe● , was the Oath they had taken to receive King Henries Daugh●●r Maude to be their Q●een , after his decease ; but the weight of this scruple was something abated , when it was urged , that no Precedent could be shewed , that ever the Crowne had beene set upon a Womans head . And Roger , Bishop of Salisbury , brought another Reason , because they had taken that Oath but upon condition , that the King shoul● not marry he● out of the Realme without their consents , and the King having brok●n the condition , was just cause to nullifie their Obligation : to which was added , th●● the Oath having beene exacted by Authority , which is a ●ind of forcing , it might have the Plea of Per min●s , and therefore void . And yet more then all these , H●gh Big●t , sometime Stew●●d to King Henry , immediately after his decease , came ove● into England , and tooke a voluntary Oath before divers Lords of the Land , that he was present a little before King Henries death , when he adopted and chose his Nephew Stephen to be his Successour , because his Daughter M●●d● had gr●evously at that tim● displeased him . But howsoever their breach of Oath was thus pallia●ed ; it is certaine that many of them , as well Bishops as other Lords , came afterward to an evill end at least ●o many calamities before their end . VVhat course he tooke to establish himselfe in the Kingdome . IT is a true saying , 〈◊〉 reb●s opti●● servat●● Imperium , quibu● p●●atur ; and this was Stephens course , he got the kingdome by Pro●ises , and he establisht it by Performances ; he pleased the People with easing them of Taxes and Impositions ; He pleased the Clergy with forbearing to keepe Bishoprickes and Abbeyes Vacant , and with exempting them from the Authority of the Temporall Magistrate ; He pleased the Nobility with allowing them to build Castle● upon their owne Lands ; He pleased the Gen●●y with giving them liberty to hunt the Kings Deere in their owne Woods ; and besides with advancing many of them in Honours : and for his Brother Theobald , who being the elder , was before him in pretence to the Crowne , he pleased him with a grant to pay him two thousand Markes a yeare ; and then to strengthen himselfe abroad no lesse then at home , he marryed his Son E●stace to Constance a Daughter of Lewis King of France , which alliance alone might be thought a sufficient security against all Opposition . And yet one thing more , which establisht him more then these , at least these the more for this , that he had seise● upon King ●enries tre●sure , which amounted to a hundred thousand pound , beside● Plate and ●ewels of inestimable value , which he spe●t no● 〈◊〉 vaine riot , but imployed to his best advantage , both in procuring of Friends , and in levying of Souldiers out of Britany and Flanders . Of his Troubles in his Raigne . THere may wel be made a Chapter of the troubles of his Raign , seeing his whole Raign was in a manner but one continued trouble , at lea●t no longer intermissiō , then as to give him breath against new encounters ; til at last , when he grew towards his l●st , he rather left to be in trouble , then was at quiet , being forced to make his adversary his He●re ; and to leave his Crown to him that had sought his life . For he was no sooner set in his Chaire of State , but he was presently disquieted and made to rise , by the provocation of David King of Scots , who solicited by some Lords of England , but chiefly by Ma●de the Empresse ( whose Right he had sworne to defend ) with a mighty Army entred N●rthumberland , tooke Carlile , and Newcastle , and was proceeding further , till King Stephen with a greater Army comming against him , yet rather bought his Peace then wonne it ; for to recover Newcastle out of his hands , he was faine to let King David hold Cumberland , and his Sonne Henry the Earledome of Huntington , as their Inheritance ; for which , the Father would not for his , as being engaged , but the Sonne for his , as being free , did Homage to King Stephen . No sooner was this trouble over , but he was presently under another ; for being faine somewhat ill at ease● it was bruited abroad that he was dead ; which ●o distracted mens mindes , that every one thought it wisdome to shift for himselfe ; and the Great Lords made a contrary use of Castles , to that which King Stephen intended , when he gave liberty to build them ; for the King intended them for his owne defence against his Enemies , and they made use of them in their owne defence against the King ; for now Hugh Big●t Earle of Norfolke possesseth himselfe of N●rwich , Baldwyn Rivers of Oxford , and Robert Quesqu●rius of other Castles . In these difficulties King Stephen , though he could not in person be in all places at onc● , yet in care he was● and there most , where was most danger ; imploying others against the rest : Against Baldwyn he went himselfe , whom , driven before out of Oxford , and gotten to the Isle of Wight , the King fo●●owed and drove him also from thence , aud at last into Exile . And now England afforded him once againe to take a little breath , but then Normandy presently begins with him afresh : For now G●offrey Pl●●tagenet Duke of Anjou , in right of Maude his Wife , enters upon his Townes there , and ●ee●es to get possession of the Country ; when King Stephen passeth over with an Army , and ar●ests his proceeding : and after some small defeates of his Enemies , brings the matter at last to a pecuniary Composition : He to pay the Duke five thousand Markes a yeare , and the Duke to relinquish his claime to Normandy . This done , he returnes into England , where new Commotions are attending him● For the Lords in his absence , resenting his breach of Promises , upon which they had a●mitted him to the Crowne , make use every one of their Castles , and stand upon their Guard : The Lord Talbot held Hereford ; Earle Robert Ma●ds Brother , Bristow ; William Lovell , the Castle of Cary ; Paganell , the Castle of Ludl●w ; William Moun● , the Castle of Dunster ; Robert Nicholor of Lincolne , the Castle of Warham ; Eustace the Sonne of Iohn , the Castle of Melton ; William the Sonne of Alan , the Castle of Shrewsbury ; and withall David King of Scots , never regarding his former agreement , enters Northumberland with an Army , committing so great cruelty , in ravishing of Maydes , murthering of Infants , slaughtering of Priests , even at the Altar , that never any barbarous Nation committed greater . Thus the kingdome from the one end to the other was in Combustion , that if the King had had as many hands as Briareus , there would have beene worke enough for them all . Yet all this dismayed not the King , but as having learned this Lesson , Tu ne cede malis , sed contra audentior ito , growes the more in confidence , the lesse he was in assurance ; and as if danger were the fuell of Courage , the more erected in himselfe , the lesse he was upheld by others ; and so , venturing what his Rebels at home would doe in his absence , he passeth himselfe in person against David King of Scots ; as being the most dangerous , and therefore the first to be repressed : but finding it hard to draw him to a Battell , and impossible without a battell to doe any good upon him ; he leaves the care of that quarrell to Thurstine Arch-bishop of Yorke , and returnes himselfe home , if it may be called home , where he scarce had a safe place to put his head in . But though many Lords were Rebellious against him , yet some there were stucke firmely to him , by whose Assistance and his owne industry , partly by inticements , partly by inforcements , he reduced most of them to Obedience , and all of them to Submission ; when in the meane time Thurstine Arch-bishop of Yorke ; and in his sicknesse , Ralph Bishop of Durham , assisted with William Earle of Aumerle , William Piperell of Nottingham , and Hubert de Lacy , fought a memorable Battell against David King of Scots ; wherein though King David himselfe , and his Sonne Henry performed wonderfull Acts of Prowesse , yet the English got the Victory , with the slaughter of eleven thousand Scots in the Fight , besides many other slaine in the flight ; where of the English none of account were slaine , but onely a Brother of Hubert Lacyes , and some small number of Common Souldiers . This Victory infinitely pleased and comforted King Stephen , who not long after to make an absolute suppression of the Scots , passeth againe with an Army , and inforceth King David to demand a Peace , delivering his Sonne Henry into King Stephens hands for a pledge ; and comming homeward , by the way he besieged Ludlow , one of Rebels nests , where Prince Henry of Scotland had beene taken Prisoner , if King Stephen in his owne person had not rescued him . After this , once againe the King got a little breathing time , but it was but to prepare him for greater Encounters : For now Maud the Empresse her selfe in person comes into play ; in whom the Oath before taken was to have its tryall ; for till now , though never so really intended , yet it could not actually be performed ; for how could they receive her for Queene , who came not in place to be received ? but now that she came in person , now was the time of tryall , how the Oath would worke ; and worke it did indeed with many , and that strongly ; For Maude comming into England , with Robert Earle of Glocester her Brother ; was most joyfully received at Arundell Castle , by William de Aubigny , who had marryed Adeliza the Queene Dowager of the late King Henry , and had the said Castle and County assigned her for her Dower . King Stephen having intelligence hereof , commeth to Arundell Castell wi●h an Army , and besiegeth it ; but either diverted by ill counsell , or else finding the Castle to be inexpugnable , he left the siege , and suffered the Empresse to passe to Bristow . The King hearing , that Ra●ulph Earle of Chester , Sonne in law to Robert Earle of Glocester , had possest himselfe of the City of Lincolne , thither he goeth with an Army and besiegeth it : thither also came the said Earle of Chester , and Robert Earle of Glocester to raise his siege ; at which time , a most fierce battell was fought betweene them , upon Candlemas day ; wherein it is memorable what wonders of valour King Stephen performed ; For , when all his men about him were either fled or slaine ; yet he kept the field himselfe alone : no man daring to come neare him : Horrentibus inimicis incomparabilem ictuum ejus immanitatem , saith Hoveden : yet over-mastered at last by multitude , he was taken prisoner , and brought to Maude the Empresse ; who sent him to be kept in safe custody in the Castle of Bris●ow , where he remained till All-hollantide after . And now the Empresse having gotten King Stephen into her hands , she takes her journey to London ; received in all places , as she went , peaceably , and at London joyfully ; where Queene Matild made humble suite un●o her , for the liberty of King Stephen her husband ; and that he might but be allowed to live a private life : the Londoners also made suite to have the Lawes of King Edward restored ; but the Empresse not onely rejected both their suites , but returned them answers in harsh and insulting language ; Indeed most unseasonably ; and which gave a stop to the current of all her fortunes : for Queene Matild finding thereby , how high the Empresse pulses did beate ; sent presently to her Sonne Eustace , being then in Kent , to raise Forces with all speed , with whom , the Londoners , as much discontented as she , doe afterwards joyne ; and Hen●y Bishop of Winchester , as much discontented as either of them , fortifies his Castles at Waltham and Farnham ; and specially Winchester , where he stayes himsel●e , attending upon what Coast the next wind of the Empresse would blow . Of all these things the Empresse had intelligence , and thereupon secretly in the night she fled to Oxford , sending streight charge , to have King Stephen more narrowly watched , more hardly used ; put ( as some write ) into fetters ; and fed with very bare and poore Commons ; withall she sends to her Unkle David Kings of Scots , to come unto her with all speed possible , who comming accordingly , they fall into consultation what is first to be done ; the lot fals upon Winchester , as being their greatest adversary , now , no lesse in apparence then in power : so Winchester they besiege ; which Queene Matild hearing , she with her Sonne Eustace and the Londoners , come presently to the succour , where a fierce battell being fought , the end was , that the party of Queene Matild prevailed , and the Empresse to make her escape , was faine to be laid upon a Horse backe in manner of a dead Corps , and so conveyed to Glocester ; while Earle Robert her brother disdaining to flie , was taken Prisoner , whom Queene Matild caused to be used the more hardly , in retaliation of the hard usage which the Empresse before had shewed to King Stephen . Things standing in these termes , propositions were made by the Lords for pacification , but such were the high spirits of the Empresse , and her brother Robert , that no conditions would please them , unlesse the Empresse might enjoy the Crowne . But after long debate , whether by agreement betweene themselves , or by connivence of the keepers , both King Stephen and Earle Robert got to be at liberty . When the first thing King Stephen did , was to looke out the Empresse , to requite the kindnesse she had shewed him in prison ; and hearing her to be at Oxford , he layes siege to the Towne , and brings the Empresse to such distresse , that she had no way to free her selfe but by flight ; and no way to flee but with manifest danger , yet she effected it by this devise : It was in the Winter season , when frost and snow covered all the ground over ; she therefore clad her selfe , and her foure servants that were with her in white cloathes , which being of the colour of Snow , made her passe the Watches without being discerned , and by this meanes came safe to her friends at Wallingford . Yet Mamesbury who lived at that time , confesseth he could never learne certainely by what meanes she made her escape . But howsoever she escaped this present danger ; yet it left such an impression of feare upon her , that she never after had any mind to appeare upon this stage of Warre , but left the prosecution of it to her Sonne Henry , who was now about sixteene yeares of age , and being forward of his age , and able to beare Armes● was by his great Unkle David King of Scots , Knighted , to make him more forward . It was now the ninth yeare of King Stephens Raigne , when Ralph Earle of Chester , keeping possession of the City of Lincolne , was in the night time assaulted by the King ; but the Earle perceiving the Kings Forces to be but small , suddenly issued forth , and repelled the King with the slaughter of fourescore of his men . Yet two yeares after this , the Earle was reconciled to the King , and came of his owne accord to waite upon him , when perfidiously he was detained by the King ; and not set at liberty , till he had surrendred into the Kings hands all the Castles that were in his possession ; which though it brought the King some present benefit , yet it wrought him a greater future losse ; for it lost him his credite with all men , and no man afterward would trust his word . Now was Duke Henry come to the age of nineteene yeares , and was in possession of the Dukedome of Anjou , by the death of his Father Geoffrey Plantagenet ; and not long after this , he marryed Eleanor the Daughter and Heire of William Duke of Guyen , by whom he had that Dutchy , and also the Earledome of Poicton : Normandy he had by his Mother ; but more by the peoples inclination . So as being possest now of foure great Principalities , this greatnesse of Estate added to the greatnesse of his spirit , made him aspiring to recover his Right in England ; and over he comes , bringing with him but small Forces , but promising himselfe great , from the people of this kingdome : and many indeed resorted to him ; with whom he fell presently , and besieged Marleborough ; but by the Kings greater Forces was repelled . After this , their Armies continued in the field still ; rather watching advantages to be doing , then doing any thing ; sometimes advancing when no Enemy was neare , and then retiring when the Enemy came ; till at last it was like to come to a set Battell , when suddenly Eustace King Stephens onely Sonne unfortunately dyed : Unfortunately for himselfe , but fortunately for the kingdome ; For now King Stephen being left destitute of issue to succeed , was the more easily drawne to conditions of Peace , as likewise the Empresse Maude , having lately lost her Brother Robert Earle of Glocester , and Miles Earle of Hereford , ( her two best Champions ) was no lesse willing of Peace then he ; which being furthered by the Lords of both sides , was at last concluded upon these conditions , that Stephen should hold the kingdome of England during his life , and adopt Duke Henry as his Heire to succeed him . And this agreement thus made , and in a Parliament at Winchester confirmed , Duke Henry ever after accounted King Stephen no lesse then a Father , and King Stephen , Duke Henry no lesse then a Sonne : and well he might , if it be true which some write , that the Empresse , when a Battell was to be fought betweene King Stephen and her Sonne , went privily to him , asking him how he could find in his heart to fight against him that was his owne Sonne ? could he forget the familiarity he had with her in her firt Widow-hood ? But this was no matter for the Writers of that time to deliver : It touched too neare the interest of Princes then in being : and Princes must not be touched while they live , nor when they are dead neither with uncertainties , as this could be no other : But howsoever it was , certaine it is , that after this Agreement betweene King Stephen and Duke Henry , they continued in mutuall love and concord , as long after as they lived . But what became of Maude the Empresse at this time ? For , that she was alive , and lived many yeares after this agreement betweene King Stephen and her Sonne Henry , all Writers agree ; and to say that she consented to the Agreement , without any provision made for her selfe , is to make her too much a Woman ; a very weake vessell : and to say there might be provision made , though it be not Recorded , is to make all Writers defective in a great excesse . And besides , being so stirring a woman as she was , that upon a suddaine she should be so quiet , as not to deserve to have one word spoken of her , in all the long time she lived after , ( being no lesse then twelve or thirteene yeares ) is as strange as the rest . And if she placed her contentment so wholly in her Sonne , that in regard of him , she regarded not her selfe at all ; It deserves at least the Encomium of such a motherly love as is very unusuall , and not alwayes safe . Whatsoever it was , I must be faine to leave it as a Gordian knot , which no Writer helpes me to unty . Of his Taxations , and wayes for raising of money . OF Taxations in his time , there is no mention made ; for Taxations indeed , are properly drawne from a body of State when it is entire , where the State all this Kings time was altogether in Fractions . But what he wanted in Taxations , he supplyed with Confiscations , which by reason of the many revoltings of men of all sorts , could not chuse but fill his Coffers ; every Rebellion being in nature of a Purchase to him , for whatsoever became of the Persons , their Lands and Goods were sure to be his . And if it happened at any time , that Confiscations came in but slowly , he had then devises to hasten their pace , for upon light suggestions ( not so much oftentimes as just suspitions ) he would call men into question , and seise upon their good , as in the case particularly of Ralph Bishop of Salisbury ; and it may not be unpleasing to heare from what beginning this Bishop grew to such a height of greatnesse ; which was thus ; In the time of King William Rufus , he was a poore Priest , serving a Cure in a village neare to Ca●n in Normandy , when the Kings younger Brother Henry chanced to passe that way , and to make some stay in the said Village ; who being desirous to heare a Masse , this Roger being Curate , was the man to say it ; which he dispatched with such celerity , that the Souldiers ( who commonly love not long Masses ) commended him for it , telling their Lord , that there could not a fitter Priest be found for men of warre then he . Whereupon Henry appointed him to follow him , and when he came to be King , preferred him to many great places , and at last to be Chancellour of England , and Bishop of Salisbury . You have heard his rising , now heare his fall ; When King Stephen came to the Crowne , he held this man in as great account as his Predecessour King Henry had done , and perhaps in greater ; For being a great begger of Suites , the King would say of him , If this man will never give over asking , neither shall I ever give over giving . Yet this great Prelate fell first through Pride into Envy , and then through Envy into Ruine . For King Stephen having given liberty to build Castles , this man did so f●rre exceed all others in magnificence ( for he builded the Castles of Salisbury , the Vyes , Sherburne , Mamesbury and Newarke , to which there were no Structures comparable in the kingdome ) that the Lords out of envy put it into the Kings head , that these Castles of his were built thus magnificently for entertainment of Ma●de the Empresse : which so possessed the King , or he would be thought to be so possessed , that taking this for a just cause , he seised them all into his hands , and forty thousand Markes besides , which he had in money : and not co●tented with this , he tooke the like course also with Alexander Bishop of Lincolne , onely because he was his Nephew and of his neare kindred . Another way he had for gaining of money : For in the first yeare of his Raigne , having given liberty to hunt in his Forests , be afterward at Oxford caused many to be impleaded for using that liberty ; a tricke which perhaps he learned from hunting , First to give men leave to doe a thing , and then to Fine them for having done it . But this is the priviledge of Princes , that their leave must be interpreted by him that gives it , and not by him that takes it . Lawes and Ordinances in his time . HE gave licence to the City of Norwich to have Coroners and Bayliffes , before which time , they had onely a Sergeant for the King to keepe Courts ; and after this , in the 37. yeare of King Henry the third , they had license to inclose the Towne with Ditches . Affaires of the Church in his time . VPon the Kings seising into his hands , the Bishop of Salisburies Castles , and Goods , complaint was made , and a Synod called by the Bishop of Winchester the Popes Legate , to right the Bishop , where the King was cited to appeare ; who sending to know the cause , Answer was made , that it was to answer for his imprisoning of Bishops , and depriving them of their Goods , which being a Christian King he ought not to doe . The King replies by his Lawyer , Alveric de Ver , that he had not arrested the Bishop of Salisbury as a Bishop , but as his Servant , that was to make him accompt of his imployment . To this the Bishop answereth , that he was never Servant or Accomptant to the King : and many Allegations and Probations were urged to and fro , but in conclusion the Synod brake up , and nothing was done . The Bishops durst not Excommunicate the King without the Popes privity ; so in the end they fell from Authority to Submission ; and in the Kings Chamber fell downe at his Feet , beseeching him he would pity the Church ; and not suffer dissention to be betweene the Kingdome and the Priest-hood . And this was no small magnanimity in the King , that he was able to pull downe the high stomachs of the Prelates in that time . In the eighth yeare of his Raigne a Synod was held in London by Henry Bishop of Winchester , where it was decreed , that whosoever should lay violent hands upon any Clergy man , should not be absolved but by the Pope himselfe : and from this time forward , Clergy men were exempt from the secular power . In the tenth yeare of his Raigne , by the soliciting of Saint Bernard , many tooke upon them the Crosse , for a supply to the Holy Land ; amongst whom , some English Lords also . Workes of piety done by him , or by others in his time . HE Founded the Abbeys of Cogshall in Essex ; of Furneys in Lancashire ; of Hurguilers and Feversham in Kent ; at Heigham in Kent , a House of blacke Nunnes ; also an house for Nunnes at Carew : His Queene Matild builded the Hospitall of Saint Katherines by the Tower of London : A knight called Sir William of Mount Fitchet , Founded the Abbey of Stratford Langthorne , within foure miles of London ; William of Ypre Founded Boxeley Abbey in Kent ; Robert Earle of Ferrers , Founded the Abbey of Merivall in Warwickshire ; and in the same Shire , Robert Earle of Glocester , the Abbey of Nonne Eaten . Also by others were Founded the Abbeys of Tiltey ; of Rievall ; of Newborough and Beeland ; of Garedon in L●ycestershire ; of Kirkstead in Yorkeshire : and divers others in other places , so that more Abbeys were erected in his dayes , then had beene within the space of a hundred yeares before . Of his Wife and Children . HE marryed , by his Unkle King Henries meanes , Matild , Daughter and Heire of Eustace Earle of Boleyne , a Woman made for the proportion of both Fortunes : In adversity not dejected ; in prosperity not elated : while her Husband was at liberty , a Woman ; during his durance , as it were a Man ; Acting his part for him when he was restrained from acting it himselfe ; not looking that Fortune should fall into her lappe , but industrious to procure it . By this Queene , he had onely one Sonne named Eustace , a Prince more then of hope , for he lived to the blossoming of much Valour , though it came not to maturity , as being cut off at eighteene yeares of age , some say , by drowning , and some by a stranger accident . But strange Relations must not alwayes be rejected , for though many of them be forged , yet some no doubt are true ; and who knowes but it may be of this kind , which some Writers relate of the death of this Prince : that being at the Abbey of Bury in Norfolke , and denyed some money he required to have had ; he presently in a rage went forth , and set fire on the Cornefields belonging to the Abbey , but afterwards sitting downe to dinner , at the first morsell of bread he put into his mouth , he fell into a fit of madnesse , and in that fit dyed ? Certainely , the Persons of Princes are for more observation then ordinary people ; and as they make Examples , so they are sometimes made Examples . This Prince Eustace was so beloved of his father , that he had a purpose to have joyned him King with himselfe , but that the Pope upon the Bishops complaining to him of it , diverted him from it . Howsoever being dead , he was buried in Feversham Abbey , where his mother was buried a little before . Other legitimate issue King Stephen had none , but by a Concubine he had a sonne named William , whom he made Earle of Norfolke , which honour was confirmed upon him , by a speciall Article , in the agreement made betweene King Stephen and Duke Henry : Onely a French Chronicle speakes of another sonne of his , named Gervase , made Abbot of Westminster , and that hee died in the yeare 1160. and was there buried . Of his Personage and Conditions . HE was tall of stature , of great strength , and of an excellent good complexion . Concerning the qualities of his minde , there was apparent in him a just mixture of valour and prudence ; for if he had not had both , hee could never have held out with such weake friends as he did , against such potent adversaries as he had . And specially it must be confest , he was of an excellent temper for a souldier , seeing he never kild any enemy in cold blood , as Anthonie did Cicero ; nor any friend in hot blood , as Alexander did Clitus . What he would have beene in Peace , we are left to Judge by onely a Patterne , the short time betweene his agreement with Duke He●ry and his death : which seeing he spent in travelling to all parts of the Realme , and seeking to sti●ch up the breaches which the violence of Warre had made ; we may well thinke , that if his life had beene continued , he would have given as good Proofes of his Justice in Peace , as he had done of his Valour in Warre . For of his extraordinary good nature we have a sufficient example in one Action of his , which was this : Duke Henry being on a time , in some straights for money , sent to his Mother Maude the Empresse , desiring her to furnish him , but she answered , that she was in as great straights her selfe , and therefore could not do it ; then he sent to his Unkle Earle Robert to furnish him , and he answered , he had little enough to serve his owne turne , and therefore could not doe it ; at last he sent to King S●ephen , and he though an Adversary , and standing in termes of opposition , yet sent presently and supplyed him with it . He was withall a great oppugner of Superstition , which made him on a time to ride into Lincolne with his Crowne upon his head , onely to breake the people of a superstitious opinion they held , that no King could enter into that City in such manner , but that some great dysaster would fall upon him . One speciall Vertue may be noted in him , that he was not noted for any speciall vice , whereof if there had beene any in him , Writers certainly would not have beene silent . Of his death and buriall . AS a Fish cannot live out of Water , no more was it in the Destiny of this King , to live out of trouble ; as ●oone as he came to enjoy quietnesse , he left to enjoy life , no more time left him betweene his Agreement with Duke Henry and his Death , but onely so much as might reasonably serve him to take his last leave of all his Friends ; For it was but from Ianuary to October ; and the last Friend he tooke leave of , was Theodoricke Earle of Flanders , whom he met at Dover , and as soone as he had dismissed him , he was suddenly taken with the Iliake Passion , and with an old disease of the Emeraulds : and dyed in the Monastery there , the five and twentyeth of October , in the yeare 1154. when he had Raigned almost nineteene yeares , Lived nine and forty ; and was Buryed in the Abbey of Feversham , which he had Founded . Men of note in his time . OF Clergy men , there was Thurstine Arch-bishop of Yorke , and Henry Bishop of Winchester the Kings Brother , also William , another Arch-bishop of Yorke , whom we may finde in the Calender of Saints , as likewise Saint Bernard who lived in this time , though not of this Country , and if we may reckon strangers , there lived at this time , Peter Lombard , Master of the Sentences ; Peter Comester , writer of the Ecclesiasticall Story ; and Gratian , Compiler of the Canon Law , all three Brothers , and all three Bastards ; also Avicen , Averroes , Mesues , and Rabbi Salomon were in this time famous . Of military men , there was Ranulph Earle of Chester ; Reynold Earle of Cornwall ; Robert Earle of Leycester ; Hugh Bigot , Earle of Norfolke , but specially Robert Earle of Glocester , the Kings base Sonne , whose praises , if any desire to heare sounded out to the full , let him read William of Malmesbury , who writ the History of those times , of purpose to be his Trumpet . Of the Writers of our Nation , there was this William of Malmesbury , Henry Huntington , Simon Dunelmensis , William Revellensis , and Geoffrey of Monmouth , Bishop of Saint Asaph in Wales . Also Hugo Carthusianus , a Burgundian , but made Bishop of Lincolne here in England . THE LIFE and RAIGNE OF KING HENRY THE SECOND . KING Stephen being dead , Henry Duke of Anjou , by his Father Geoffry Plantagenet , succeeded him in the Kingdome of England by agreement ; whom he preceded by right , as being Sonne and Heire of Mawde , sole daughter and Heire of King Henry the first ; and was crowned at Westminster , by The●bald Arch-Bishop of Canterbury , on the seventeenth of December , in the yeare 1155. and was now a greater Prince then any of his Ancestours had beene before : and indeed , the Kingdome of England , the Dukedome of Normandy , and the Dukedome of Anjou in his owne right ; and in the right of his wife Queen Eleanor , the Duchy of ●uyen , and the Earldome of Poictou b●ing all united in his person , made him a Dominion of a larger extent then any King Christian had at that time . He was borne at Ments in Normandy , in the yeare 1132. a great joy to his Father Geoffry , Duke of Anjou ; a greater to his Mother Mawde the Empresse ; but so great to his Grandfather King Henry the first , that it seemed to make amends for his sonne William , whom unfortunately he had lost before by Shipwrack . The yeares of his childhood were spent at home under the care of his Parents : at nine yeares old or there abouts , he was brought by his Unkle Robert Earle of Glocester into England , and placed at Bristow , where under the tuition of one Matthew his Schoolemaster , to instruct him in learning , he remained foure yeares , after which time he was sent into Scotland , to his great Unkle David King of Scots , with whom he remained about two yeares , initiated by him in the Principles of State , but chiefely of his owne estate : and being now about fifteene yeares of age , was by him Knighted , and though scarce yet ripe for Armes , yet as a fruit gathered before its time , was mellowed under the discipline of his Unkle Robert , one of the best Souldiers of that time . And now the Duke his Father not able any longer to endure his absence , sent with great instance to have him sent over to him ; for satisfying of whose longing , Earle Robert provided him of passage , and conducted him himselfe to the Sea side , where he tooke his last farewell of him . Being come into Anjou , his Father , perhaps over-joyed with his presence , not long after died , leaving him in present possession of that Dukedome , being now about nineteene yeares of age : when shortly after he married Eleanor , late the wife of Lewis King of France , but now divorced . A yeare or two after he came againe into England , where after some velitations with King Stephen , they were at last reconciled , and his succession to the Crowne of England , ratified by Act of Parliament . Not long after he went againe into France , and presently fell to besiege a Castle which was detained from him by the French King : in the time of which siege , newes was brought him of King Stephens death ; which one would have thought should have made him hasten his journey into England ; yet he resolved not to stirre till he had wonne the Caste : which resolution of his being knowne to the Defendants , they surrendred the Castle ; but yet no sooner , but that it was sixe weekes after before he came into England , when he was now about the age of three and twenty yeares . His first Acts after he came to the Crowne . He beganne his Raigne as Solomon would have begunne it , if he had beene in his place : for , first he made choyce of wise and discreet men to be his Consellours : then he banished out of the Realme all strangers , and especially Flemmings , with whom the Kingdome swarmed ; as of whom King Stephen had made use in his warres , amongst whom was William of Ypres , lately before made Earle of Kent . Castles which by King Stephens allowance had beene built , he caused to be demolished , ( of which there were said to be eleven hundred and fifteene ) as being rather Nurseries of rebellion to the subject , then of any safety to the Prince . He appointed the most able men of that profession , to reforme abuses of the Lawes , which disorder of the wars had brought in : He banished many Lords , who against their Oath had assisted King Stephen against him ; as thinking that men onc● perjured , would never be faithfull : and to the end he might be the lesse pressing upon the people with Taxations , he resumed all such Lands belonging to the Crown , which had any way beene aliened or usurped ; as thinking it better to displease a few then many : and many other things he did , which in a disjoynted State were no lesse profitable and expedient , then requisite and necessary . His Troubles during his Raigne . HE had no Competitors , nor Pretenders with him for the Crowne ; and therfore his troubles at first were not in Capite , strooke not at the roote , as K. Stephens did : but were onely some certaine niblings at inferiour parts ; till at last he brought them himselfe into his own bowels . For what was the trouble in his first yeare with the Welsh , but as an exercise rather to keep him in motion , then that it needed to disquiet his rest ? for though they were mutinous for a time , while they looked upon their owne Bucklers ; their Woods and Mountainous passages : yet as soone as K. Henry did but shew his sword amongst them , they were soone reduced to obedience for the present , and to a greater awfulnesse for the future . It is true , Henry Earle of Essex that bore the Kings Standard , was so assaulted by the Welsh , that he let the Standard fall to the ground , which encouraged the Welsh , and put the English in some feare , as supposing the King had beene slaine ; but this was soone frustrated to the Welsh , and punished afterward in the Ea●le , by condemning him to be shorne a Monke , and put into the Abbey of Reading , and had his lands seised into the Kings hands . And what was his trouble with Malcolme King of Scots , but a worke of his owne beginning ? for if he would have suffered him to enjoy that which was justly his owne , Cumberland and Huntingtonshire , by the grant of King Stephen , and Northumberland , by the gift of his Mother Maude the Empresse ; he might have staied quietly at home , and needed not at all to have stir●ed his foote ; but he could not endure there should be such parings off from the body of his Kingdome : and therefore went with an Army into the North , where he wonne not , but tooke Northumberland from him , with the City of Carl●ill , and the Castles of Newcastle and Bamberg : and meerely out of gratefulnesse , in remembrance of the many co●rtesies done him before , by David King of Scots ; he left him the County of Hunting●on , but yet with condition to owe feal●y , and to doe homage to him for it . And what was his trouble with his brother Geoffrey , but a Bird of his owne hatching ? For his Father Geoffrey , Duke of Anjou , had three sonnes , Henry , Geoffrey , and William ; and dying he left his Dukedome of Anjou to his eldest son Henry , but to hold no longer then till he should come to be King of England , and then to deliver it up to his second sonne Geoffrey : and he made his Lords to sweare , not to suffer his body to be buried , untill his sonne Henry had taken his Oath to doe it ; which Oath Henry afterward , in reverence to his Fathers body , did take : but as he tooke it unwillingly , so he willingly brake it , and sent presently to Adrian the then Pope , for a Dispensation of his Oath : which granted , he enters Anjou with an Army , and takes from his brother Geoffrey , being little able to make resistance , not onely the Dukedome of Anjou , but some other Cities also , which his Father had absolutely given him for his maintenance : yet out of brotherly kindnesse was content to allow him a Pension of a thousand pounds a yeare : which brotherly kindnesse was so unkindly taken by his brother Geoffrey , that it brake his heart ; and within a short time after died . And thus these troubles begun by Henry himselfe , were soone ended ; but now a trouble is comming on , begun by Lewis King of France , and this is like to stick longer by him . For King Lewis not having yet digested King Henries marriage with his divorced wife Eleanor , seekes all opportunities to expresse his spleene , by doing him displeasure ; and a fit opportunity was now offered : for there fell out a difference betweene Raymond Earle of Saint Giles , and Henry King of England , about the Earledome of Tholouse , which Raymond possest , and Henry claimed : in this difference , King Lewis takes part with Raymond , as pretending it to be the juster side . Hereupon are great forces provided on both sides , and it was like to have come to a dangerous battell ; but that by mediation of friends , a Peace was made ; and to make the Peace the firmer , a marriage was concluded betweene Henry , King Henries eldest sonne , scarce yet seven yeares of age ; and Margaret , daughter of King Lewis , not past three : who was delivered to King Henry to bring up till fit yeares for consummation . This was then thought a strong linke to hold them in friendship , but it proved afterward a cause to make the greater breach : and indeed when a sonne is once matched into a Family , the Father must never looke from thence afterward to have a good wish ; seeing the daughter thus matched can have no advancement , but by the advancement of her husband ; and he none , at least , none so w●ll , as by the ruine of his Father : yet this brake not out till some yeares after . It was now about the eighteenth yeere of King Henries Raigne , and his sonne Henry growne to be seventeene yeares of age● when it came into the Kings minde to have his sonne Henry crowned King , and Raigne with himselfe in his owne time ; partly out of indulgence to his sonne , but chiefely , as having found by his owne experience , that Oaths for succession are commonly eluded : but Oaths for present Allegeance , as being Verba de Praesenti , can have no evasion : and pleasing himselfe with this conceit , he acquaints his Lords with his purpose , and causeth his sonne Henry to be crowned King by the hands of Roger Arch-bishop of Yorke ; and all the Lords to sweare Allegeance to him : at the Feast of which solemnity , King Henry to honour his sonne , would needs carry up the first dish to his Table ; whereupon the Arch-bishop Roger standing by , and saying merrily to the new King : What an honour is this to you , to have such a waiter at your Table ? Why ( saith he ) what great matter is it for him that was but the sonne of a Duke , to doe service to me , that am the sonne of a King and Queene ? Which the old King hearing , beganne to repent him , now it was too late of that he had done . For indeed the honour which by Gods commandement , children are to doe to their Parents ; is by such making them their equals , in a manner abolished ; at least it gives them stomachs to take more upon them then is fit . But King Henry passed it over , and meant to set the best side outward . And now King Lewis tooke displeasure that his daughter was not crowned as well as her husband , and therefore to satisfie him in that point , King Henry sendeth his sonne Henry and his wife Margaret into England● and causeth them both to be crowned by Walter Arch-bishop of Roan : and shortly after , the young King Henry and his wife goe backe to King Lewis her Father , and by him with great joy , and variety of sports were entertained . In the time of their being there , King Lewis partly out of his old spleene to King Henry , and partly to make his sonne in law more absolure ; fals oftentimes into conference with him , and finding his hot spirit to be fit tinder for such fire , tels him , it was a shame he should suffer himselfe to be made a stale ; have the title of a King , and not the authority : and that as long as he stood in such termes , that which seemed an honour , was indeed a disgrace . With which words of King Lewis , the young King Henry was set afloate , and from that time forward , stucke not openly to oppose his Father : whereof his Father having intelligence , sent messengers to King Lewis , desiring him from the King their Master , to be a meanes to bring his sonne to more moderation . But King Lewis hearing the Embassadours name their Master King , with an angry countenance said unto them ; What mean you by this to call him King , who hath passed his Kingdome over to his son ? and with this answer sent them away . To this evill , another worse was added : that Queene Eleanor his wife enraged with jealousie of her husbands Concubines , both incenseth her sonne Henry , and perswadeth also two other of her sonnes , Richard and Geoffrey , to joyne against their Father ; telling them , it would be better for them that their brother should prevaile , who could not chuse but allow them better maintenance , then their Father did . With these perswasions they passe over into Normandy , and joyne with their brother Henry ; who emboldned by their assistance , growes now more insolent then he was before ; that when messengers were sent to him from his Father , requiring him to lay downe his Armes , and to come lovingly to him : he proudly made answer , that his Father must not looke he would lay downe his Armes , unlesse himselfe first would lay downe his authority , and resigne the Kingdome . And now Lewis King of France , calling together the great Lords of his Kingdome , and with them William King of Scots , Hugh Earle of Chester , Roger Mowbray , Hugh Pigot , and other of his sonnes party ; they all take their Oaths to assist the young King Henry with all their power ; and thereupon all in one day , the French invade Normandy , Aquitaine and Britaine ; the King of Scots Northumberland ; and King Lewis the City of Vernoill , which he brought to that distresse , that it was agreed by the Inhabitants , if it were not succoured within three dayes , then to surrender it . King Henry hearing of this agreement , promiseth to succour them by that day . But here King Lewis useth a trick , gets that by fraud , which he could not doe by force ; for he sends to King Henry , that if he were willing to have peace with his sonnes , he should meet him at a place appointed , at such a time , and he doubted not to effect it . King Henry glad of such an offer , and with that gladnesse perhaps blinded , and not suspecting any deceit , promiseth to meete ; and comming to the place at the day , which was the day he should have succoured Vernoill , he stayed there all day looking for King Lewis comming ; who instead of comming , sent word to Vernoill , that King Henry was defeated ; and therefore their hope of succour was in vaine : whereupon the Citizens thinking it to be so indeed , because he came not according to his promise , surrendred the Towne : which King Lewis finding himselfe unable to hold , set it on fire , and so departed . But King Henry when he perceived the fraud , followed him with his Army , and tooke a bloody revenge of his fraud , with the slaughter of many of his men . At the same time also King Henries forces encountred Hugh Earle of Chester , and Robert Fulger , who had taken Dole in Britaine , tooke them prisoners , and brought them to King Henry : and about the same time likewise in England , Robert Earle of Leycester thinking to surprise Raynold Earle of Cornwall , and Richard Lacy , King Henries Generals , at unawares , was himselfe by them overthrowne , and the Towne of Leycester taken ; which onely the site of the place defended from being battered to the ground . Robert Earle of Leycester being thus defeated● passeth over into France , and being supplied by King Lewis with greater forces then before , is together with Hugh Bigot sent backe into England , to draw the Countrey to Henry the sonnes party ; who at first assault take Norwich : and then setting downe before Bury , they are in a great battell , by Richard Lacy , and other of King Henries Captaines , overthrowne with the slaughter of tenne thousand men , and as many taken prisoners ; amongst whom Earle Robert himselfe . Yet were not Roger Mawbray and Hugh Bigot so daunted with this overthrow , but that together with David the King of Sco●s brother , they gather new forces , and invade Northumberland and Yorkshire , when Robert Scoccee , Ralph Granula , William Vesci , and Barnard Bayliol ( of whom Baynards Castle in London , first tooke the name ) Knights of those parts , as●emble together , and fighting a great battell with them , overthrew them , and tooke the King of Sco●s prisoner , with many others . Yet is not Hugh Bigot daunted with this neither , but gathers new forces , and takes Norwich ; and Robert Ferris , Nottingham : the newes whereof , when King Henry the sonne heard , he recovered new spirits , and obtaining new assistance from King Lewis , prepares himselfe afresh for warre : which King Henry the Father hearing , returnes speedily into England ; and to appease Saint Thomas Beckets Ghost , goes to visit his Tombe , and there askes him forgivenesse . This done , he goes into Suffolke , and at Framingham Castle , which belonged to Hugh Bigot , stayes with his Army , when suddenly moved , by what instinct , no man knowes ( unlesse the appeasing of Saint Thomas Ghost did worke it ) both Hugh Bigot delivers up his Castle into King Henries hands , and likewise Roger Mawbray , Robert Ferris , and many others of that party , come voluntarily in , and submit themselves to the Kings mercy . Hereupon King Henry returnes to London , about which time he committed his wife Queene Eleanor to prison , for her practises against him . In the meane time , King Lewis understanding that Normandy was but weakly guarded , together with his sonne the young King Henry , and Philip Earle of Flaunders ; he besiegeth Roan , which the Kings forces valiantly defended , till he came himselfe in person ; and thereupon King Lewis despairing of any good to be do●e , sends messengers to King Henry for a truce , and appointed a day to meete at Gysors , where he doubted not to make a reconcilement betweene his sons and him ; K. Henry agreed willingly , but of the meeting nothing was done : It seemes it was but one of King Lewis his old tricks to come fairely off . After this truce made with King Lewis , King Henry hearing that his son Richard had in the meane time possest himselfe of a great part of the Province of Poicto● ; goes thither with an Army , where Richard at last , after some hesitation , as doubting his forces , submits himselfe to his Father , and askes his pardon ; which his Father as freely grants , as if he had never committed any fault ; and thereupon King Henry imployes him to King Lewis and his brother Henry , to perswade them to peace : who wearied now with the warres , were easily drawne , and so reconciliation on all parts is made ; and to confirme the reconciliation betweene the two Kings , Henry and Lewis , his daughter Adela is affianced to King Henries sonne Richard , as Earle of Aquitaine , and because the Lady was but young , she was committed to the care of King Henry , till she should be fit for marriage . Upon this King Henry sets Robert Earle of Leycester , and Hugh Earle of Chester , giving hostages and oath for their Allegeance , at liberty ; and William also King of Scots , paying a certaine mulct ; for which he delivered in pawne the strong Castles of Berwick , Roxborough , and Sterling to King Henry , and was fined also to lose the County of Huntington , and never to receive any Rebels into his protection . These things done , the King with his sonnes returnes into England , where with all joyfulnesse they were received . It was now the yeare 1179. when King Lewis beganne againe to grow discontented with King Henry , because his daughter was not yet married to his sonne Richard , as was agreed : but King Henry making him promise to have them married within a few dayes , gave him satisfaction ; though indeed he meant nothing lesse , for it was thought he kept her for himselfe , as with whom he had before that time , had unlawfull familiarity . The yeare after was memorable for nothing , or for nothing so much as the death of the young King Henry , who died then ; whose Widow Margaret returning into France , was afterward married to Bela King of Hungary . Now King Henries sonne Richard , no longer enduring to have his marriage delayed , which his Father often promised , but would never suffer to be performed ; fals into his old fit of discontentment : wherein though he cannot perhaps be justified , yet he may justly be excused , for to be kept from a wife at that time of his age , for which a wife was most proper ; and especially having beene affianced so long before , which could not chuse but make his appetite the sharper : must needs be , if not a just cause , at least a strong provocation to make him doe as he did : Howsoever , from this fit of discontentment , he fals into a relaps of Rebellion , and infecting with it his brother Iohn , and a great part of his Fathers Adherents ; they all take part with Philip ( now after the decease of Lewis ) King of France , who willing to make use of their assistance , before the streame of filiall awfulnesse should returne into the naturall Channell , takes them along with him , and besiegeth the City of Ments , in which King Henry at that time was himselfe in person ; who apprehending the danger , and then resenting the mischiefe of falling into his enemies hands , gets him secretly out of the City , leaving it to defend it selfe , till he should returne with greater forces : but hearing afterward that the Towne was taken , he fell into so great a distraction of minde , that it made him break out into these blasphemous words ; I shall never hereafter love God any more , that hath suffered a City so deare unto me , to be taken from me : but he quickly recollected himselfe , and repented him that he had spoken the words . Indeed Ments was the City in which he was borne , that to have this City taken from him , was as much as to have his Birth-right taken from him ; and to say the truth , after he had lost this City , he scarce seemed to be alive ; not onely because he shortly after died , but because the state of Majesty which had all his life accompanied him , after this forsooke him : for now he was faine to begge peace of his enemies , who often before had begged it of him : now he was glad to yeeld to conditions , which no force before could have wrested from him . It is memorable and worth observing , that when these two Kings had meeting betweene Turwyn and Arras , for reconcilement of differences ; there suddenly happened a Thunderbolt to light just betweene them , with so terrible a cracke , that it forced them for that time to breake off their conference : and afterward at another meeting , the like accident of Thunder happened againe , which so amazed King Henry , that he had fallen off his horse , if he had not beene supported by those about him ; which could be nothing but drops let fall of the Divine anger , and manifest presages of his future dysasters . And thus this great Princes troubles , which beganne in little ones , and were continued in great ones , ended at last in so great a trouble , that it ended his life , and left him an example of desolation , notwithstanding all his greatnesse ; forsaken of his friends , forsaken of his wife , forsaken of his children ; and ( if he were not himselfe when he blasphemed for the losse of Ments ) forsaken of himselfe ; which might be exemplar in this King , if it were not the common Epilogue of all greatnesse . Of his Acquest of Ireland . RObert Fits-stephen was the first of all Englishmen , after the Conquest , that entred Ireland , the first day of May , in the yeare 1170. with 390. men : and there took Werford , in the behalfe of Deruntius , sonne of Marcherdach , called Mac Murg , King of Leymster . In September following , Richard Earle of Chepstow , surnamed Strong-bow , sayled into Ireland with twelve hundred men , where he tooke Waterford and Dublin ; and married Eeve , the daughter of Deruntius , as he was promised . From these beginnings , King Henry being then at rest from all Hostile Armes , both at home and abroad , takes into his consideration the Kingdome of Ireland , as a Kingdome which oftentimes afforded assistance to the French ; and therefore purposing with himselfe by all meanes to subdue it : he provides a mighty Army , and in the Winter season saileth thither , taking Shipping at Pembroke , and landing neare to Waterford : where entring into consultation what course was fittest to be taken in the enterprise , suddenly of their owne accord , the Princes of the Countrey came in , and submitted themselves unto him , onely R●d●rick King of Connacht stood out ; who being the greatest , thought to make himselfe the onely King of that Nation : but King Henry forbearing him for the present , who kept himselfe in his fastnesses of Bogges and Woods , and was not to be followed in the Winter season : takes his journey to Dublin , the chiefe City of the Countrey ; and there calling the Princes and Bishops of the Nation together , requires their consent to have him and his heires to be their King : which they affirming they could not doe without the Popes authority ; to whom , at their first conversion to the Christian Religion , they had submitted themselves ; the King sent presently to Adrian the then Pope an English man , requiring his assent ; which upon divers good considerations he granted : and hereupon the King built him a stately Palace in the City of Dublin ; and having thus without bloud possest himselfe of the Kingdome , the Spring following he returnes joyfully into England . About foure yeares after Rodorick also sends his Chancellour to King Henry , to offer his submission , with a tribute to be paid of every tenne beasts , one sufficient . After this , in the one and thirtieth yeare of his Raigne , he sent his sonne Iohn to be the Governour there . His Taxations , and wayes for raising of money . TAxations in his time , was chiefely once ; when he tooke Escuage of Englishmen , towards his warres in France , which amounted to 12400. pounds : but confiscations were many , because many Rebellions , and every Rebellion was as good as a Mine . Also vacancies of Bishopricks and Abbeys , kept in his hands , sometimes many at once ; no time without some . He resumed also all Lands which had either beene sold or given from the Crowne by his Predecessours : but a principall cause that made him plentifull in money , was his Parcimony ; as when he was injoyned for a Penance , to build three Abbeys , he performed it , by changing Secular Priests into Regular Chanons , onely to spare cost . And it was not the least cause of alienating his sonnes from him ; that he allowed them not maintenance answerable to their calling . And it could be nothing but Parcimony while he lived , which brought it to passe , that when he died , there were found in his Coffers , nine hundred thousand pounds besides Plate and Jewels . Lawes and Ordinances in his time . IN the beginning of his Raign , he refined and reformed the Lawes of the Realm ; making them more tolerable & more profitable to his people then they were before . In the one and twentieth year of his Raign , he divided his whole kingdom into six several Circuits ; appointing in every Circuit three Judges , who twice every year should ride together , to heare and determine Causes between man and man : as it is at this day , though altered in the number of the Judges , and in the Shires of Circuit . In this Kings dayes the number of Jewes all England over was great : yet , wheresoever they dwelt , they might not bury any of their dead any where but in London ; which being a great inconvenience to bring dead bodies oftentimes from farre remote places , the King gave them liberty of buriall in the severall places where they lived . It was in this Kings dayes also ordained that Clergy-men offending in hunting the Kings Deere , should be punishable by the Civill Magistrate , according to the Lawes of the Land ; which order was afterward taken with them for any offence whatsoever they committed . Though it be not a Law , yet it is an Ordinance which was first brought in by this King , that the Lions should be kept in the Tower of London . Affaires of the Church in his tim● . THis Kings Raigne is famous for the contention of a Subject with the Prince , and though it may be thought no equall match , yet in this Example we shall find it hard to judge which of them had the victory . But before we come to speak of the Contention , it is fit to say something of the Man , and of the Quarrell . The man was Thomas Becket , borne in London , his Father , one Gilbert Becket , his Mother an outlandish Woman , of the Country of Syria . His first rising was under Theobald Archbishop of Canterbury , who taking a liking to him , ( as one saith , no man knew for what ) made him first Arch-deacon of Canterbury , and then used meanes to have him be the Princes Tutor , after that to be Chancellour of England , and after the decease of the said Theobald , was himselfe made Arch-bishop of Canterbury in his place . One memorable thing he did at his comming to be Arch-bishop , he surrendred his place of being Chancellour , as not thinking it fit to sit at the Helme of the Common-wealth , and of the Church , both at once . But now began the Contention betweene the King and him : the difference was , the King would have it ordained that Clergy men who were malefactors , should be tryed before the Secular Magistrate as Lay men were : This Becket opposed , saying , it was against the liberty of the Church , and therefore against the honour of God. Many Bishops stood with the King , some few with Becket the Contention grew long , and with the length still hotter , till at last Becket was content to assent to the Ordinance with this clause , Salvo Ordine suo : the King liked not the Clause , as being a deluding of the Ordinance : He required an absolute assent , without any clause of Reservation . At last , after many debatings and demurres , the Arch-bishop yeelds to this also , and subscribes the Ordinance , and sets his hand unto it . But going homewards , it is said , his Crosse-bearer and some other about him , blamed him for that he had done , but whether moved with their words , or otherwise upon second thoughts , the next day when they met againe , he openly repented his former deed , retracts his subscription , and sends to the Pope for absolution of his fault : which the Pope not onely granted , but encouraged him to persist in the course he had begunne . It may be thought a Fable , yet is related by divers good Authours , that one time during this Contention , certaine fellows cut off the Arch-bishops horses taile ; after which fact , all their Children were borne with tailes like horses ; and that this continued long in their Posterity , though now long since ceased , and perhaps their Families too . But King Henry finding there was no prevailing with Becket by faire meanes , beginnes to deale more roughly with him , and first makes use of Authority upon his Temporalties ; and withall a censure was spoken of to be intended against his person ; which Becket understanding , thought it his best course to flee the Realme , and thereupon passing under the name of Dereman , he passeth over Sea , and there , two yeares by the Pope , and five by the King of France , was maintained as it were of Almes : in which misery , nothing vexed him so much , as that King Henry sent all his kindred , Men and Women , old and young into Banishment after him . And now King Henry finding that Becket stood much upon his Legatine Power , sent messengers to the Pope , desiring him to take that power from him , and to conferre it upon his Arch-bishop of Yorke , but the Pope answered , he would not doe so , but was content the King himselfe should be his Legate , and sent him Letters to that purpose , which King Henry tooke in such scorne , that he threw away the Letters , and sent them presently backe to him againe . In this meane time , the King of France prevailed with King Henry to afford Becket a conference , hoping to bring them to some Agreement , where being together , King Henry alledged before the King of France , that he required nothing of Becket , but his assent to an Ordinance , to which in his Grandfather King Henries the first time , all the Bishops of the Realme , and the Arch-bishop of Canterbury that then was did give their Assent ; yet this moved not Becket at all , but he continued his former Tenet , it was against the honour of God , and therefore desired to be excused . See now ( saith King Henry ) the perversenesse of this man , all that agrees not with his owne humour , is presently against the honour of God. While these things were thus a working , Becket had gotten him more friends at Rome , and by their meanes prevailed with the Pope , to give him power to interdict some Bishops in England that had done him wrong , and the Pope spared no● to threaten Excommunication to King Henry himselfe , if he restored not Becket to his Dignity . But whether awed with his threatning , or wonne by the King of Frances importunity , or else perhaps relenting in himselfe , he was contented at last that Becket should returne home , and enjoy his Bishopricke ; who being come to Canterbury , the Bishops whom he had indicted , for Crowning the young King Henry , ( which he said , was his right to have done ) made humble suite unto him , to be released of the censure . Which , when the Arch-bishop would not grant , but with certaine cautions and exceptions , the Bishops discontented went over to the King , complaining of the hard measure that was offered them by the Arch-bishop : whereat the King being much moved , Shall I never ( saith he ) be at quiet for this Priest ? If I had any about me that loved me , they would find some way or other to ridde me of this trouble . Whereupon foure knights standing by that heard the King make this complaint , namely Reynold Fits-urse , or Bereson , Hugh Morvyll , William Tracy , and Richard Britton , thinking they should doe an acceptable service to the King , went shortly after into England , and going to Canterbury , found the Arch-bishop then at Church , when upon the steps there , they strucke him upon the head with their swords and slew him the thirtieth day of December , in the yeare 1172. Afterward , with much adoe , by King Henries meanes they were pardoned by the Pope , onely enjoyned Penance , to goe on P●lgrimage to Ierusalem , as some write ; but others more probably , that the King abhorred them ever after ; and that within three yeares they all dyed miserably . You have heard his persecution , and ( as some would have it called ) his Martyrdome : now heare the honours that have beene done him , and the visitations to his Tombe . And first King Henry himselfe comming to Canterbury , as soone as he came within sight of Beckets Church , lighting off his horse , and putting off his hose and shooes he went barefoot to his Tombe , and for a further penance suffered himselfe to be beaten with rods , by every Monke of the Cloyster . A few yeares after , King Lewis of France comes into England of purpose to visite the Shrine of Saint Thomas , where having paid his Vowes , he makes Oblations with many rich Presents . The like many Princes since that time have done ; and many Miracles are reported to have beene done at his Tombe , which yet may be unbeleeved without unbeliefe , and with Faith enough . Another difference in this Kings dayes , was betweene the two Arch-bishops of England , about the jurisdiction of Canterbury over Yorke , which being referred to the Pope , he gave judgement on Canterburies side . Also in this Kings dayes there was a Schisme in the Church of Rome , two Popes up at once , of whom Alexander the third was one ; which Schisme continued the space of almost twenty yeares . Also in this Kings dayes , one Nicholas Breakespeare , borne at Saint Albans , or as others write , at Langley in Hartfordshire , being a bondman of that Abbey , and therefore not allowed to be a Monke there , went beyond Sea , where he so profited in Learning , that the Pope made him first Bishop of Alba , and afterward Cardinall , and sent Legate to the Norwayes , where he reduced that nation from Paganisme to Christianity , and returning backe to Rome , was chosen Pope , by the Name of Adrian the fourth , and dyed being choaked with a Fly in his drinke . In his dayes also , Heraclius Patriarch of Hierusalem , came to King Henry , desiring ayde for the Holy Land , but not so much of money as of men ; and not so much of men neither , as of a good Generall , as himselfe was ; to whom King Henry answered , that though he were willing to undertake it , yet his unquiet State at home would not suffer him ; with which answer the Patriarch moved , said , Thinke not Great King , that Pretences will excuse you before God , but take this from me , that as you forsake Gods cause now , so he hereafter will forsake you in your greatest need . But ( saith the King ) if I should be absent out of my kingdome , my own Sonnes would be ready to rise up against me in my absence ; to which the Patriarch replyed , No marvaile , for from the Devill they came , and to the Devill they shall● and so departed . Also in this Kings dayes there came into England , thirty Germans , Men and Women , calling themselves Publicans , who denyed Matrimony , and the Sacraments of Baptisme , and of the Lords Supper , with other Articles , who being obstinate , and not to be reclaimed , the King commanded they should be marked with a hot iron in the forehead , and be whipped , which punishment they tooke patiently , their Captaine ( called Gerard ) going before them singing , Blessed are ye when men hate you . After they were whipped , they were thrust out of doores in the Winter , where they dyed with cold and hunger , no man da●ing to relieve them . This King after his conquest of Ireland , imposed the tribute of Peter pence upon that kingdome , namely , that every house in Ireland should yearely pay a penny to Saint Peter . Workes of piety done by him , or by others in his time . THis King Founded the Church of Bristow , which King Henry the eighth afterward erected into a Cathedrall : He also Founded the Priories of D●ver ; of Stoneley ; and of Basinwerke ; and the Castle of Rudlan : and beganne the Stone Bridge over the Thames at London . He caused also the Castle of Warwicke to be builded . Maude the Empresse his Mother , Founded the Abbey of Bordesly . In his time also Hugh Mortimer Founded Wigmore Abbey , Richard Lucye the Kings Chiefe Justice laid the Foundation of the Coventuall Church , in the honour of Saint Thomas , in a place which is called Westwood , otherwise Les●es , in the Territory of Rochester , in the new Parish of Southfleete . He also builded the Castle of Anger in Essex . Robert Harding a Burgesse of Bristow , to whom King Henry gave the Barony of Barkeley ; builded the Monastery of Saint Augustines in Bristow . In the tenth yeare of his Raigne , London Bridge was new made of Timber , by Peter of Cole-church a Priest. Robert de Boscue Earle of Leycester , Founded the monastery of Gerendon , of Monkes ; and of Leycester , called Saint Mary de Prate , of Chanons Regular , and his Wife Amicia , Daughter of Ralph Montford , Founded Eaton , of Nunnes . In the two and twentyeth yeare of his Raigne , after the Foundation of Saint Mary Overeyes Church in Southwarke , the Stone bridge over the Thames at London , beganne to be Founded , towards which a Cardinall , and the Arch-bishop of Canterbury gave a thousand Markes . Aldred Bishop of Worcester Founded a Monastery at Glocester of Benedictine Monkes . Casualties that happened in his time . IN the Eleventh yeare of this Kings Raigne , on the six and twentyeth day of Ianuary , was so great an Earth-quake in Ely , Norfolke , and Suffolke , that it overthrew them that stood upon their feet , and made the Bells to ring in the Steeples . In the seventeenth yeare of his Raigne , there was seene at Saint Osythes in Essex , a Dragon of marveilous bignesse , which by moving , burned houses , and the whole City of Canterbury was the same yeare almost burnt . In the eighteenth yeare of his Raigne , the Church of Norwich with the houses thereto belonging was burnt , and the Monkes dispersed . At Andover , a Priest praying before the Altar , was slaine with Thunder . Likewise one Clerke and his Brother was burnt to death with Lightning . In the three and twentyeth yeare , a showre of Blood Rained in the Isle of Wight two houres together . In the foure and twentyeth yeare , the City of Yorke was burnt , and on Christmas day , in the Territory of Derlington , in the Bishopricke of Durham the Earth lifted up it selfe in the manner of an high Tower , and so remained unmoveable from morning till evening , and then fell with so horrible a noyse that it frighted the Inhabitants thereabouts , and the earth swallowing it up , made there a deepe pit , which is seene at this day : for a Testimony whereof Leyland saith , he saw the Pits there , commonly called Hell-kettles . Also in the same yeare , on the tenth day of Aprill , the Church of Saint Andrewes in Rochester was consumed with fire . In the eight and twentyeth yeare of his Raigne , Barnewell , with the Priory , neare unto Cambridge was burnt . In the thirtyeth yeare , the Abbey of Glastenbury was burnt with the Church of Saint Iulian. In the yeare 1180. a great Earthquake threw downe many buildings , amongst which the Cathedrall Church of Lincolne was rent in peeces the five and twentieth of Aprill : And on the twentieth of October , the Cathedrall Church of Chichester , and all the whole City was burnt . This yeare also , neare unto Orford in Suffolke , certaine Fishers tooke in their Nets a Fish , having the shape of a Man in all points , which Fish was kept by Bartholomew de Glanvile in the Castle of Orford sixe moneths and more ; he spake not a word ; all manner of meates he did gladly eate , but most greedily raw Fish , when he had pressed out the juyce ; oftentimes he was brought to Church , but never shewed any signe of adoration : at length , being not well looked to , he stole to the Sea , and never was seene after . In the yeare 1188. on the twentieth of September , the Towne of Beverley with the Church of Saint Iohn there was burnt . And in this Kings time the bones of King Arthur , and his Wife Guynevour , were found in the Vale of Avalon , under an hollow Oake , fifteene foote under ground ; the haire of the said Guynevour being then whole and of fresh colour ; but as soone as it was touched , it fell to powder , as Fabian relateth . Of his Wife and Children . HE married Eleanor Daughter and heire of William Duke of Guien , late Wife of Lewis the seventh , King of France , but then divorced , but for what cause divorced is diversly related ; some say King Lewis carryed her with him into the Holy Land , where she carryed her selfe not very holily , but led a licentious life , and which is the worst kind of licentiousnesse , in carnall familiarity with a Turke ; which King Lewis though knowing , yet dissembled , till comming home , he then waived that cause , as which he could not bring without disgrace to himselfe , and made use of their nearenesse in blood , as being Cousins in the fourth degree , which was allowed by the Pope , as a cause sufficient to divorce them , though he had at that time two Daughters by her . Being thus divorced , Duke Henry marries her , with whom it was never knowne , but she led a modest and sober life , a sufficient proofe , that the former Report was but a slander . By this Queene Eleanor he had five Sonnes , William , Henry , Richard , Geoffry , and Iohn ; and three Daughters , Maude , marryed to Henry Duke of Saxony ; Eleanor , marryed to Alphonso the Eighth of that name , King of Castile ; and Iane or Ioane , marryed to William King of Sicilie . Of his Sonnes , William dyed young . Henry borne the second yeare of his Raigne , was Crowned King with his Father , in the eighteenth yeare , and dyed the nine and twentyeth yeare , and was buryed at Roan ; marryed to Margaret , Daughter of Lewis King of France , but left no issue . Richard , borne at Oxford , in the fourth yeare of his Fathers Raigne , and succeeded him in the kingdome . Geoffrey , borne the fifth yeare of his Fathers Raigne , marryed Constance , Daughter and Heire of Conan , Earle of Little Britaine , in the foureteenth yeare , and in the two and thirtieth yeare dyed ; leaving by his Wife Constance , two Daughters , and a Posthumus Sonne named Arthur . Iohn , his youngest , called Iohn without Land , because he had no Land assigned him in his Fathers time ; borne the twelfth yeare of his Fathers Raigne , and succeeded his Brother Richard in the kingdome . And this may be reckoned a peculiar honour to this King , that of his five Sonnes , three of them lived to be Kings ; and of his three Daughters , two of them to be Queenes . Concubines he had many , but two more famous then the rest ; and one of these two , more famous then the other : and this was Rosamond , Daughter of Walter Lord Clifford ; whom he kept at Woodstocke , in lodgings so cunningly contrived that no stranger could find the way in , yet Queene Eleanor did , being guided by a thread : so much is the eye of jealousie quicker in finding out , then the eye of care is in hiding . What the Queen did to Rosamond when she came in to her , is uncertaine , but this is certaine , that Rosamond lived but a short time after , and lyes buryed at the Nunnery of Godst●w neare to Oxford . By this Rosamond King Henry had two Sonnes , William called Long-Sword ; who was Earle of Salisbury in right of his Wife Ela , Daughter and Heire of William Earle of that Country , and had by her much issue , whose posterity continued a long time : And a second Sonne named Geoffrey , who was first Bishop of Lincolne , and afterward Arch-bishop of Yorke , and after five yeares banishment in his Brother King Iohns time , dyed in the yeare 1213. The other famous Concubine of this King Henry , was the Wife of Ralph Blewet a knight ; by whom he had a Sonne named Morgan , who was Provost of Beverley , and being to be elected Bishop of Durham , went to Rome for a dispensation , because being a Bastard , he was else uncapable : But the Pope refu●ing to grant it , unlesse he would passe as the Sonne of Blewet , he absolutely answered , he would for no cause in the world deny his Father ; and chose rather to lose the Dignity of the Place , then of his Blood , as being the Sonne , though but the base Sonne , of a King. Of his personage and conditions . HE was somewhat red of face , and broad breasted ; short of body , and therewithall fat , which made him use much Exercise , and little Meate . He was commonly called Henry Shortmantell , because he was the first that brought the use of short Cloakes out of Anjou into England . Concerning endowments of mind , he was of a Spirit in the highest degree Generous ; which made him often say , that all the World sufficed not to a Couragious heart . He had the Reputation of a wise Prince all the Christian World over ; which made him often say , that all the World sufficed not to a Couragious heart . He had the Reputation of a wise Prince all the Christian World over ; which made Alphonsus King of Castile , and Garsyas King of Navarre , referre a difference that was betweene them , to his Arbitrament : who so judicious●y determined the Cause , that he gave contentment to both Parties ; a harder matter then to cut Cloath even by a thread . His Custome was to be alwayes in Action ; for which cause , if he had no Reall Warres , he would have Faigned : and would transport Forces either into Normandy or Britaine , and goe with them himselfe , whereby he was alwayes prepared of an Army : and made it a Schooling to his Souldiers , and to himselfe an Exercise . To his Children he was both indulgent and hard : for out of indulgence he caused his Son Henry to be Crowned King in his owne time ; and out of hardnesse he caused his younger Sonnes to Rebell against him . He was rather Superstitious , then not Religious ; which he shewed more by his carriage toward Becket being dead then while he lived . His Incontinency was not so much that he used other Women besides his Wife , but that he used the affianced Wife of his owne Son : And it was commonly thought , he had a meaning to be divorced from his Wife Queene Eleanor , and to take the said Adela to be his Wife . Yet generally to speake of him , he was an excellent Prince ; and if in some particulars he were defective , it must be considered he was a Man. Of his death and buriall . HE was not well at ease before , but when the King of France sent him a List of those that had conspired against him , and that he found the first man in the Lyst to be his Son Iohn , he then fell suddenly into a fit of Fainting , which so encreased upon him , that within foure dayes after he ended his life : So strong a Corrosive is Griefe of mind , when it meetes with a Body weakned before with sicknesse . He dyed in Normandy , in the yeare 1189. when he had lived threescore and one yeares ; Raigned neare five and thirty : and was buryed at Founteverard in France . the manner of whose buriall was thus : He was Cloathed in his Royall Robes , his Crowne upon his head , white Gloves upon his hands , Bootes of Gold upon his legges , Gilt Spurres at his heeles , a great rich Ring upon his finger , his Scepter in his hand , his Sword by his side , and his face uncovered and all bare . As he was carrying to be Buryed , his Sonne Richard in great haste ranne to see him , who no sooner was come neare the Body , but suddenly at his Nostrils he fell a bleeding afresh ; which though it were in Prince Richard no good signe of Innocency , yet his breaking presently into bitter teares upon the seeing it , was a good signe of Repentance . It may not be unseasonable to speake in this place of a thing which all Writers speake of , that in the Family of the Earles of Anjou , of whom this King Henry came , there was once a Princesse a great Enchantresse , who being on a time enforced to take the blessed Eucharist , she suddenly flew out at the Church window , and was never seene after : From this Woman these latter Earles of Anjou were descended , which perhaps made the Patriarch Heraclius say , of this King Henries Children , that from the Devill they came , and to the Devill they would . But Writers perhaps had beene more compleat , if they had left this Story out of their Writings . Men of note in his time . OF Clergy men , there was Theobald Arch-bishop of Canterbury , Hugh Bishop of Lincolne ; Richard Bishop of Winchester ; Geoffrey of Ely ; Robert of Bathe ; Aldred of Worcester ; all Learned Men , and of great integrity of life . Of Military Men , there was Robert Earle of Leycester ; Reynold Earle of Cornwall ; Hugh Bigot , Robert Ferrys , Richard Lacy , Roger Mowbray , Ralph Fulger , Ranulph Granula , William V●sei , ●nd Baynard Baylioll ; Men of great atchievements in Warre , and of no lesse abilities in Peace . THE LIFE and RAIGNE OF KING RICHARD THE FIRST . Of his comming to the Crowne , and of his Coronation . KING Richard , the first of that name , after his Fathers Funerall , went to Roan , where he setled the state of that Province ; and from thence came into England , where he was Crowned King at Westminster , by the hands of Baldwin Arch-bishop of Canterbury , the third day of September , in the yeare 1189. And herein this Prince is more beholding to Writers then any of his Predecessors : for in speaking of their Crowning , they content themselves with telling where , and by whom they were Crowned : but of this Prince , they deliver the manner of his Crowning , in the full amplitude of all circumstances ; which perhaps is not unfit to doe , for satisfaction of such as are never like to see a Coronation ; and it was in this manner . First , the Arch-bishops of Canterbury , Roan , Tryer , and Dublin , with all the other Bishops , Abbots , and Cleargy , apparelled in rich Copes , and having the Crosse , holy Water , and Censers carried before them ; came to fetch him at the doore of his Privie-Chamber ; and there receiving him , they led him to the Church of Westminster , till they came before the high Altar , with a solemne Procession . In the middle of the Bishops and Clergy , went foure Barons , bearing Candlesticks with Tapers ; after whom came Geoffrey de Lucie , bearing the Cap of Maintenance , and Iohn Marshall next to him , bearing a massive paire of Spurres of Gold ; then followed William Marshall Earle of Striguill , alias Pembroke , who bare the Royall Scepter , in the toppe whereof was set a Crosse of Gold ; and William de Patricke Earle of Salisbury going next him , bare the Warder or Rodde , having on the toppe thereof a Dove . Then came three other Earles , David , brother to the King of Scots , the Earle of Huntington , Iohn the Kings brother , Earle of Mortaigne , and Robert Earle of Leycester , each of them bearing a Sword upright in his hand , with the scabberds righly adorned with Gold. The Earle of Mortaigne went in the midst betwixt the other two ; after them followed sixe Earles and Barons , bearing a Checker Table , upon the which were set the Kings Scotchens of Armes● and then followed William Mandevill Earle of Albemarle , bearing a Crowne of Gold a great heighth before the King , who followed having the Bishop of Durham on the right hand , and Reynold Bishop of Bathe on the left ; over whom a Canopy was borne : and in this order he came into the Church at Westminster , where before the high Altar , in the presence of the Clergy and the people , laying his hand upon the holy Evangelists , and the reliques of certaine Saints , he took a solemne Oath that he should observe peace , honour and reverence to Almighty God , to his Church , and to his Ministers , all the dayes of his life : also that he should exercise upright justice to the people committed to his charge , and that he should abrogate and disanull all evill Lawes and wrongfull customes , if any were to be found in the precinct of his Realme ; and maintaine those that were good and laudable . This done , he put off all his garments from his middle upwards , but onely his shirt , which was open on the should●rs , that he might be annoynted . Then the Arch-bishop of Canterbury annoynted him in three places ; on the head , on the shoulders , and on the right arme ; with Prayers in such case accustomed . After this , he covered his head with a linnen cloath hallowed , and set his Cap thereon ; and then after he had put on his Royall Garments , and his uppermost Robe , the Arch-bishop delivered him the Sword , with which he should beate downe the enemies of the Church : which done , two Earles put his Shooes upon his feete , and having his Mantle put on him , the Arch-bishop forbad him on the behalfe of Almighty God , not to presume to take upon him this Dignity , except he faithfully meant to performe those things which he had there sworne to performe ; whereunto the King made answer , that by Gods grace he would p●rforme them . Then the King tooke the Crowne beside the Altar , and delivered it to the Arch-bishop , which he set upon the Kings head , delivering to him the Scepter to hold in his right hand , and the Rod Royall in his left hand : and thus being Crowned , he was brought backe by the Bishops and Barons , with the Crosse and Candlesticks , and three Swords , passing forth before him unto his Seate . When the Bishop that sang the Masse , came to the Offertory , the two Bishops that brought him to the Church , led him to the Altar , and brought him backe againe . The Masse ended , he was brought with solemne Procession into his Chamber : and this was the manner of this Kings Coronation . But at this solemnity there fell out a very dysastrous accident : For this Prince not favouring the Iewes , as his Father had done ; had given a strict charge , that no Iew should be admitted to be a spectator of the solemnity : yet certaine Iewes , as though it had beene the Crowning of their King Herod , would needs be pressing in ; and being put backe by Officers set of purpose , it grew to a brabble , and from words to blowes , so as many Ie●es were hurt , and some slaine : and thereupon a rumour was suddenly spread abroad , that the King had commanded to have all the Iewes destroyed . Whereupon it is incredible what rifling there was of Iewes houses , and what cutting of their throats : and though the King signified by publike Declaration , that he was highly displeased with that which was done , yet there was no staying the fury of the multitude till the next day ; so often it fals out , that great solemnities are waited on with great dysasters ; or rather indeed , as being connaturall , they can hardly be asunder . Of his first Acts after he was Crowned . HE beganne with his Mother Queene Eleanor , whom upon her Husbands displeasure , having been kept in Prison sixteen yeares ; he not onely set at liberty , but set in as great authority , as if she had beene left the Regent of the kingdom . The next he gratifies , was his brother Iohn ; to whom he made appeare , how much the bounty of a Brother was better then the handnesse of a Father . For he conferred upon him , in England , the Earledomes of Cornwall , Dorset , Somerset , Nottingham , Darby , and Leycester ; and by the marriage of Isabel , daughter and heire to the Earle of Glocester , he had that Earledome also ; as likewise the Castles of Marleborough , and Lutgarsall , the Honours of Wallingford , Tichill , and Eye , to the value of 4000. Markes a yeare : an estate so great , as were able to put a very moderate mind into the humour of aspiring , of which Princes should have care . Concerning his affianced Lady Adela , it may be thought strange , that having desired her so infinitely when he could not have her , now that he might have her , he cared not for her : but the cause was knowne , and in every mans mouth ; that she was now but his Fathers leavings : yet he would not send her home but very rich in Jewels , to make amends , if it might be , for the losse of her Virginity : though this was something hard on his part , when the Father had taken all the pleasure , that the sonne should afterward pay all the charges . But by this at least he made a quiet way for his marriage now concluded ; and shortly after to be consummated in Sicilie with Berengaria the daughter of Garsyas King of Navarre . And now his minde is wholly set upon his long intended voyage to the Holy Land , for which he thinkes not the treasure left by his Father , to be sufficient , which yet amounted to nine hundred thousand pounds : but forecasting with himselfe the great charge it must needs be , to carry an Army so long a journey , he seekes to enlarge his provision of money by all the means he can devise . Not long before , Hugh Pudsey had been advanced to the Bishopricke of Durham ; and now for a great summe of money he sold him the Earledome : and then said merrily amongst his Lords , Doe yee not thinke me a cunning man , that of an old Bishop can make a young Earle ? From the Londoners also he drained great summes of money , and made them recompence in Franchises and Liberties , which they had not before . He made also greatsales : to the the King of Scots , he sold the Castles of Berwick and Roxborough , for ten thousand pounds : to Godfryde Lucie , Bishop of Winchester , the Manors of Weregrave and Ments : to the Abbot of Saint Edmundsbery , the Manor of Mildhall , for one thousand Markes of silver : to the Bishop of Durham , the Manor of Sadborough ; and when it was marvelled that he would part with such things , he answered , that in this case he would sell his City of London , if he could finde a Chapman . But the worst way of all was , that pretending to have lost his Signet , he made a new ; and made Proclamation , that whosoever would safely enjoy what under the former Signet was granted , should come to have it confirmed by the new ; whereby he raised great summes of money to himselfe , but greater of discontentment in his subjects . By these , and such like meanes he quickly furnished himselfe with money : and now it remained onely to consider , to whose care he should commit the government of the Kingdome in his absence ; and after deliberation , he made choyce for the North parts , of Hugh Bishop of Durham ; joyning in Commission with him , Hugh Baldulph , and William Brunell : and for the South parts , he appoints William Longshampe Bishop of Ely , and Chancellour of England , and for his greater strength , causeth the Pope to make a Legat of all England and Scotland : and for Normandy , and Aquitaine , Robert Earle of Leycester ; all men eminent for prudence and uprightnesse , and which is most of all , for loyalty : and indeed to make a man fit for such imployment , all these vertues must concurre . As for his brother Iohn , he knew very well his aspiring minde , and therefore would have tied him to live in Normandy , and not to come into England till his returne ; but that their Mother Queene Eleanor interceded , and passed her word for him : and that nothing might be left unprovided for , he appointed his Nephew Arthur , the sonne of his brother Geoffrey Duke of Britaine to be his Successor , if himselfe should faile . And now , Undique convenere , vocat jam carbasus auras : every man is ready to take Shipping , and no stay now but for a Wind ; onely some say that King Richard before his departing , calling his Lords and Knights unto him , and swearing them to be true ; gave to overy of them a blew riband to be knowne by ; from whence the first occasion of the Order of the Garter is thought to beginne . Of his journey into the Holy Land. KING Richard having prepared an Army of thirty thousand foote , and five thousand horse , and having appointed to meete Philip King of France in Sicilie , at the latter end of Iune , in the yeare 1190. sets forward himselfe by Land to Marseillis , and there stayes till his Ships should come about ; but his Navy being driven by tempest to other parts , and the King weary of long staying , after sixe weekes , he hireth shipping for himselfe and his company , and passeth forward to Messana in Sicilie , where arrived also the King of France ; and not long after , his owne Navy . In this Iland the King William now lately dead , had married Iane , King Richards sister ; from whom Tancred the present King with-held her Dower : and therefore though he shewed King Richard faire countenance , yet he dealt secretly with the Messanians to use all meanes to get him gone ; whereupon the Messanians taking a small occasion , set suddenly upon the English , and thrust them out of their Towne : with which King Richard justly offended , who had his Campe without the Towne , prepares himselfe to revenge the affront ; when Tancred sending to him , to signifie that the affront was offered without his knowledge , and much against his liking , so pacified him , that for the present he remained satisfied ; but understanding afterward , that the Messanians did but waite their opportunity till the Spring , when King Richard should be going : he resenting their intention , staies ●ot their leisure , but assaulting the Towne with fire and sword , in one dayes labour takes it , and had made great slaughter in it , if King Richard had not beene moved to compassion with the Messanians teares , but chiefely with King Tancreds offers ; both to pay his sister Iane her Dower , and to marry his daughter to King Richards Nephew Arthur , Duke of Britaine , and to give a good part of the Portion in hand . But King Philip was not well pleased with these conditions , yet he breakes not out into open dissention , till more fuell was afterward cast upon the fire of his anger . In the Spring King Philip sayles with his Army to Ptolemais otherwise called Acon ) which the Christians had long besieged , and with them he joynes : while King Richard taking his sister Iane , and Berengaria the young daughter of the King of Navarre with him in 190. Ships , and 50. Galleys , puts to Sea for the Holy Land , but is by tempest cast upon the Coast of Cyprus ; where the Ilanders seeking to hinder his landing , he sets upon them with his forces ; and invading the Iland , easily subdues , and brings it under his subjection ; and the King of the Cou●trey being taken prisoner , and intreating King Richard not to put him in bonds of Iron , King Richard gives him his word , and keeps it , but puts him in bonds of Silver . In this Iland he solemnizeth his marriage with Berengaria , and then leaving Richard de Canvile , and Robert de Turnham , his Lieutenants in Cyprus ; he passeth on to Ptolemais , which City was defended by Saladine , and had beene besieged now two yeares : when the enemy seeing and fearing the encrease of the Christian forces , propounds conditions , upon which accepted , they deliver it up in August , the yeare 1192. At the taking of this Towne there fell out an accident , seeming an honour to King Richard for the present , but proving a disgrace , at least a great trouble and charge to him afterward . For Leopold Duke of Austria had first set up his Colours upon the wall , which King Richard caused to be throwne downe , and his owne to be set up ; but this was no place to stand a quarrelling , it came not to the reckoning till some time after . When Ptolemais was taken , Saladine fearing the Christians further proceeding , dismantles all the best Townes that were neare it : as Porphyria , Caesarea , Ascalon , Gaza ; but of Ioppa King Richard takes a care , and placeth in it a Colony of Christians . For Ioppa is a City of Palestine , that was built before the Floud ; and hath belonging to it a Haven of great convenience . And now the King of France , though valiant enough himselfe , yet thinking his owne great acts to be obscured by greater of King Richards ; he beganne , besides his old hating him , now to envie him . For indeed emulation when it is in Vertue , makes the stronger knot of love and affection : but when it is in Glory , it makes a separation , and turnes into the passion of envie and malice ; and so did it with King Philip , who pretending the aire of the Countrey did not agree with his body ; but was indeed because the aire of King Richards Glory did not agree with his minde ; obtained King Richards consent to returne home , swearing first solemnly , not to molest his Territories in his absence . But this fell out for the present enterprise most uns●asonably : For the departure of the King of France , though it diminished not much the strength ; ( for he left Od● , Duke of Burgundy in his place ) yet it diminished much the shew of assistance : and indeed Saladine , who was at this time in termes of surrendring Ierusalem ; when he saw the King of Franc● departed ; as knowing there must needs be a conclusion , where there was a beginning , doubted not but the rest would follow soone after , and thereupon st●ied his hands ; and grew more confident then he was before . At this time Guy of Lu●ignan was possest of the City of Tyre , and with it , of the right of the Kingdome of Ierusalem : with him King Richard makes an exchange , that G●y should have the Iland of Cyprus which King Richard had wonne , and King Richard should have the kingdome of Ierusalem , to which Guy had a right : and upon this Title the Kings of England , were stiled Kings of Ierusalem a long time after : as likewise the posterity of the said Guy hath by this exchange held the kingdome of Cyprus to this day . Now was King Richard more hot upon taking Ierusalem then ever before , and had cert●●nely taken it , but that by ill counsell diverted , because the Winter drew on : and indeed by the drawing backe of Odo Duke of Burgundie , who envied that King Richard should have the honour of taking it , he removed for that season to Askalon ; after which time , the Enemy growing stronger , and the Christians weaker ; all opportunity of taking it was utterly lost , and they could never come to the like againe . And shortly after King Richard was advertised of the King of France his invading Normandy , contrary to his oath at his departure ; which forced King Richard , much to his griefe , to conclude a peace with Saladine , and that upon conditions not very honourable for the Christians ; and himselfe presently to retu●ne home : and so sending his wife Berengaria , and his sister Iane , with a great part of his Army into Sicilie , and from thence into England : he passeth himselfe with some few in his company , by the way of Thrace , and was by tempest brought into Dalma●iae ; from whence being to passe through Germany , and particularly through Duke Leopolds Countrey of Austria : he remembring the old grudge , changed his apparell , and travelling sometimes afoote , and sometimes on horsebacke , he used all meanes possible to keepe himselfe from being knowne : but destiny is not to be avoyded , for as soone as he came to Vienna , partly by his tongue , and partly by his expenses , it was presently found he was an Englishman , and withall some great man ; and by and by a rumour was spread , that it was Richard King of England : who finding himselfe to be discovered , and no meanes possible to escape , he puts off his disguise , putting on his Princely apparell , and avowes himselfe : which Duke Leopold understanding , sent presently to have him apprehended ; but King Richard refusing to yeeld himselfe to any , but to the Duke himselfe ; the Duke himselfe came and led hi● to his owne Palace honourably enough , but yet strongly guarded : whereof as soone as Henry the Emperour heard , he sent with great instance to Duke Leopold to send King Richard over to him , under pretence of safer custody , but with a purpose indeed to be a sharer in his Ransome . And the Duke though well knowing his meaning , yet knowing withall that it was not safe for him to deny the Emperour , he sent him over to him ; who soone after put him into a prison he had , called Trivallis , into which no man was ever knowne to be put that escaped with life , though done perhaps to him , but in terrorem , to draw the better Ransome from him . That with which King Richard was charged , beside the wrong done to Leopold , in throwing downe his Colours at Ptolemais , was the death of Conrade Duke of Tyre , whom they pretended King Richard had murthered ; wherein though King Richard made his innocency appeare by the testimony of Limbeldus , who confessed himselfe to have beene the author of the Marquesses death ; yet the pretence served to detaine him in prison ; and in prison indeed they kept him , till his Ransome was agreed upon and paid : which being a hundred thousand pounds , fourescore thousand was paid in hand : whereof two parts to the Emperour , a third part to Duke Leopold : and for the rest , hostages given to the number of fifty ; of whom the Bishop of Roan was one : though the hostages afterward were delivered without paying the rest : for Henry the Emperour dying shortly after , his Successour had the conscience not to take it , as knowing it had beene unjustly exacted : and indeed the accidents that befell both the Emperour and the Duke Leop●ld , were evident demonstrations of the injustice they had done ; for the Emperour shortly after died ; and the Duke Leopold , in a Tilting for solemnity of his Birth-day , fell off his horse , and so broke his leg , that to save his life , he was faine to have his leg cut off . And now after fifteen months imprisonment , King Richard is released , and returnes into England foure yeares elder then he went out ; and thus ended his journey to the Holy Land. Yet one memorable accident happening to him in the Holy Land , may not be omitted ; that going one day a Hawking about Ioppa , finding himselfe weary , he laid him downe upon the ground to sleepe ; when suddenly certaine Turkes came upon him to take him ; but he awakened with their noyse , ri●eth up , gets a horsebacke , and drawing out his sword , assaults the Turkes , who faigning to flie , drew the King into an Ambush where many Turkes lay ; who had certain●ly taken him if they had knowne his person : but one of the Kings servan● , called William de Patrellis , crying out in the Saracene tongue , that he was the King ; they presently lay hold upon him , and let the King escape . Troubles in his Dominions in his absence . KING Richard at his going out of England , had so well setled the Government of the Kingdome , that might well have kept it in good order during all the time of his absence ; but disorders are weeds which no foresight can hinder from growing , having so many hands to water them : where occasions of distast are no sooner offered , then taken ; and o●tentimes taken before they be offered , as was here to be seene . For King Richard had left in chiefe place of authority , William Longshampe , Bishop of Ely ; a man who so carried himselfe , that although the things he did , were justifiable ; yet the pride with which he did them was unsuffer●ble : seldome riding abroad without five hundred , some say a thousand in his traine ; not for safety , but for state : and though there were other left in authority besides himselfe , yet his power was so predominant , that he made of them but Ciphers , and ruled all as he list himselfe . This insolency of governing was soone distasted by many , and specially by Iohn the Kings brother , who counting the greatnesse of his Birth an equall match at least with any substitute greatnes , affronted the Bishop in the managing of affaires , in such sort , that while some adhered to the one , and some to the other ; the Kingdome in the meane time was in danger to be rent asunder , till at last the Bishop finding himselfe too weake , or at least fearing that he was so ; but rather indeed deposed from his authority by the Kings Letters , and the Arch-bishop of Roan put in his place , thought it best for him to flie the Real●e : wherupon for his greater safety , disguising himselfe in womans apparell , and carrying a Webbe of Cloath under his arme , hee sought in this manner to take Shipping and passe the Sea. But being discovered and knowne , the women in revenge of the abuse done to their cloathes , in making them his instruments of fraude ; fell upon him , and so beat him , that it might have beaten humility into him for ever after . This disgrace made him glad to get him into Normandy , his native Countrey , where to little purpose he wooed King Richard and Queene Eleanor for reparation . But this was but a sport in comparison of the mischiefes done in Normandy by Philip King of France : for first he invades Normandy , where he takes many Towns , and amongst others Gysorts , and drawes the Kings brother Iohn to combine with him , promising to assist him in winning the Kingdome of England , and to have his sister Adela , whom King Richard had repudiated to be his wife ; with which promise Duke Iohn had beene ensnared , if his Mother Queene Eleanor had not disswaded him . But in England Duke Iohn tooke upon him as King , perswading the people that his brother King Richard was not living ; and indeed it was easie to remove , the knowing him to be a prisoner , to the affirming him to be dead ; but such was the faithfulnesse of the Arch-bishop of Roan , and other the Princes of the Realme to King Richard , that they opposed Duke Iohn , and frustrated all his practises : and the Bishop of Ely had told him plainely , that though King Richard were dead , yet the succession in the kingdome belonged not to him , but to Arthur Duke of Britaine , sonne of Geoffrey his elder brother . And in these termes King Richard found his State when he returned from the Holy Land. His Acts and Troubles after his returning from the Holy Land. AT his comming home from the Holy Land , the first thing he did ; was to give his Lords and people thankes for their faithfulnesse to him in his absence , and then for their readinesse in supplying him for his Ransome . But as for his brother Iohn in whom ungratefulnesse seemed to strive with ambition , which should be the greater in him ; he depriveth him of all those great possessions he had given him : some adoe he had to make sound certaine peeces which he had corrupted , as the Castles of Marleborough , Lancaster , and a Fortresse at Saint Michaels Mount in Cornwall ; but chiefely the Castles of Nottingham and Tichill , which stood so firmly for Duke Iohn , that they were not reduced to obedience without some bloud , and much expense . But h●s greatest trouble was with Philip King of France , in whom was so ingraffed a spleene against King Richard , that he seemed to be never well but when he was working him some ill . Now therefore King Richard to make it appeare he had not left the Holy War for nothing ( having first obtained in Parliament a Subsidy towards his charges , & caused himselfe to be new Crowned at Winchester , lest the people through his long absence might have forgotten they had a King ) he departs with a hundred Ships into Normandy ; but it was withall , upon this occasion : sitting one day at dinner , in his lit●le Hal ( as it was called ) news was brought him , that King Philip had besieged Vernoull , with which he was somoved , that he swore a great oath , he would not turne his face till he were revenged : whereupon he caused the wall right before him to be presently beaten downe , that so he might passe forward without turning his face ; and thus in haste he goes to Vernoull , whither he was no sooner come , but the King of France made as great haste to be gone , not without some losse , and more disgrace . Here his brother Iohn submits himselfe to him , and with great shew of penitence intreats his pardon , which he readily granted ; saying onely , I wish you may as well remember your fault , as I shall forget it . The King of France having left Vernoull , enters Turonia , and neare to Vindocinum pitcheth his Tents ; thither King Richard followes him , and with his comming so affrighted him , that leaving bagge and baggage , Munition , Tents , and Treasure to a marvellous valew , he gets him gone , and glad hee was so rid of King Richard. After this a Truce was agreed upon for a yeare , which each of them longed till it were expired , as having no pleasure but in troubling one another . In this time there was a trouble at home , though not to the King , yet to the kingdome : for Robin Hood accompanied with one little Iohn , and a hundred stout fellowes more , molested all passengers upon the High-way ; of whom it is said , that he was of Noble bloud , at least made Noble , no lesse then an Earle , for some deserving services : but having wasted his estate in riotous courses , very penury forced him to take this course ; in which yet it may be said he was honestly dishonest , for he seldome hurt any man , never any woman , spared the poore , and onely made prey of the rich : till the King setting forth a Proclamation to have him apprehended , it hapned he fell sicke at a certaine Nunnery in Yorkshire , called Birckleys ; and desiring there to be let bloud , was betraid , and made bleed to death . Such another trouble , though not to the King , yet to the kingdome , fell out by reason of the Jewes : and first at the Towne of Linne in Norfolke , upon this occasion : A Jew being turned Christian , was persecuted by those of his Nation , and assaulted in the streete ; who thereupon flying to a Church hard by , was thither also followed , and the Church assaulted ; which the people of the Towne seeing , in succour of the new Christian they fell upon the Jewes , of whom they slew a great number , and after pillaged their houses . By this example the like assaults were made upon the Jews at Stamford ; and after that at Lincolne ; and lastly at Yorke , where infinite numbers of Jewes were massacred ; and some of them blocked up in the Castle , cut the throats of their wives and children , and cast them over the wals upon the Christians heads , and then burnt both the Castle and themselves : neither could this sedition be staied , till the King sent his Chancellour , the Bishop of Ely , with force of Armes , to punish the offenders . His last trouble was a punishment of covetousnesse , for one Guydomer having found a great treasure in the Kings Dominions , and ●or feare of King Richard , flying to a Towne of the King of France for his safegard ; was pursued by the King , but the Towne denying him entrance , and he thereupon going about the wals to finde the fittest place for assaulting it , one Bertram de Gurdon , or as others call him , Peter Basile , shot at him with a Crosse-bow , and hit him on the arme , of which wound he died within fo●re dayes after , and so ended all his troubles . Of his Taxations , and wayes for raising of money . OF Taxations properly so called , there were never fewer in any Kings Raigne : but of wayes to draw money from the subject , never more . It is true , the first money raised for his journey , was all out of his owne estate , by selling or pawning of Lands ; but when at his comming backe , he resumed the Lands into his hands aga●ne , without paying backe the money he had received ; this if it may not have the name , yet certainely it had the venome of a bitter Taxation . Likewise the feigning to have lost his Seale , & then enjoyning them to have their Grants confirmed by a new ; though it went not in the number , yet it had the weight of a heavy Taxation where it lighted . Afterward , the money raised for his Ransome , was not so properly a Taxation , as a Contribution : or if a Taxation for him , yet not by him ; which was done in his absence , by the subjects themselves : and indeed no Taxations are commonly so pinching , as those which are imposed upon the subject by the subject , and such was this ; for to raise money for his Ransome , ther● was imposed upon every Knights Fee , 20. s. of all Lay-mens Revenues , the fourth part ; and the fourth part of all the Revenues of the Clergy , with a tenth of their goods . Also the Chalices and Treasure of all Churches were taken to make up the sum . Afterward , this onely was a plaine Taxation , and granted in Parliament ; that of every Plough-land through England , he should have two shillings , and of the Monkes Ci●teaux , all their Wooll of that yeare : And one more greater then this ; and was this yeare imposed towards his warres in Normandy ; that every Hide of Land , as much as to say , every hundred Acres of Land , should pay five shillings ; which computed without deductions , will rise to a summe that will seeme incredible . Lawes and Ordinances in his time . HIs Ordinances were chiefely for the Meridian of London : for where before his time the City was governed by Portgraves , this King granted them to be governed by two Sheriffes and a Major , as now it is ; and to give the first of these Magistrates the honour to be remembred , the names of the Sheriffes were Henry Cornhill , and Richard Reyner ; and the name of the first Lord Major , was Henry Fits-Allwyn , who continued Major during his life , which was foure and twenty yeares . And now beganne the City first to receive the forme and state of a Common-wealth , and to be divided into Fellowships and Corporations , as at this day they are : and this Franchise was granted in the yeare 1189. the first year of King Richard the first . Affaires of the Church in his time . THe Church within his owne Dominions was quiet all his time , no contestation with the Pope , no alterations amongst the Bishops , no difference betweene the Clergy and the Laity , or the Clergy amongst themselves ; they all seemed to lie asleepe , till they were afterwards awakened , in the time of the succeeding King. But abroad , in his time , there was an addition of three Orders of Devotion ; the Order of the Augustine Friers , called Friers Mendicants , begunne by William of Paris ; then the Order of Friers Minors begunne by Saint Francis ; and lastly the Orders of Friers Preachers begunne by Saint Dominick , though not confirmed till the first yeare of Pope Honorius . Workes of Piety in his time . VVOrkes of Piety are for the most part workes of plenty ; penury may inwardly have good wishes , but outwardly it can expresse but little : and indeed all parts of the kingdome , all sorts of people were drawne so dry ; by the two great occasions of his Journey and his Ransome , and afterward by other Taxations , that the richest men had enough to doe to maintaine themselves , without being at the charge to make provision for others . All workes of Piety were now for the service of the Holy Land , and therefore it may well passe , if not for a worke of Devotion , at least worthy to be remembred ; that William Bishop of Ely builded the outer wall of the Tower of London , and caused a deepe ditch to be made about it , with an intention the River of Thames should have surrounded it , though it could not be effected . Onely Hubert Walter , who at one time was Arch-bishop of Canterbury , the Popes Legat , Lord Chancellour , Lord Chiefe Justice , and the immediate Governour under the King , both in Wales and England , Founded a Monastery at West Derham in Norfolke , where he was borne : begunne another at Wolverhampton , and finished a Collegiate Church at Lambeth . Of his Wif● and Children . IN his Infancy he was contracted to a daughter of Raymond Earle of Barcelone , after that affianced to Adela , or Alice , daughter of Lewis King of France , yet married to neither of them ; but he married Berengaria daughter of Garsias King of Navarre , whom his Mother Queene Eleanor brought unto him into Sicilie , from whence passing into Cyprus , their marriage was there solemnised : afterward , going forward to the Holy Land , he carried her and his sister Iane Queene of Sicilie along with him , where they remained till his returne home ; and then sent them to passe to Sicilie , and from thence into England : but that ever she came into England , no mention is made , neither what became of her after she parted from King Richard at the Holy Land. But children certainely he had none , either by his wife , or by any Concubine , unlesse we reckon as a Priest in Normandy did ; who told King Richard , he had three daughters : and the King marvelling who they should be , seeing he knew of none he had ; yes ( saith the Priest ) you have three daughters , Pride , Covetousnesse , and Lechery ; which the King taking merrily , called to the company about him , and said ; I am told by a Priest here , that I have three daughters , and I desire you to be witnesses how I would have them bestowed : my daughter Pride , upon the Templars and Hospitallers : my daughter Covetousnesse , upon the Monks of the Cistercian Order : and my daughter Lechery , upon the Clergy . Casualties happening in his time . IN his time the Towne of Mawling in Kent , with the Nunnery , was consumed with fire , and in his time the bones of Arthur the famous King of Britaine were found at Glastenbury in an old Sepulchre , about which stood two Pillars , in which letters were written but could not be read ; Upon the Sepulchre was a crosse of Lead , whereon was written , Here ly●th the Noble King of Britaine Arthur . Also in this Kings dayes for three or foure yeares together , there raigned so great a dearth , that a Quarter of Wheate was sold for 18. shillings 8. pence , and then followed so great a mortality of men , that scarce the living sufficed to bury the dead . Of his Personage and Conditions . HE was tall of stature , and well proportioned , faire and comely of face , of haire bright abourne , of long armes , and nimble in all his joynts , his thighes and legs of due proportion , and answerable to the other parts of his body . To speake of his morall parts , his Vices for the most part , were but onely upon suspition : Incontinency in him much spoken of , nothing proved ; but his Vertues were apparent , for in all his actions he shewed himselfe Valiant , ( from whence he had the appellation or surname of Cae●r de Lyon ) wise , liberall , mercifull , just , and which is most of all , Religious ; a Prince borne for the good of Christendome ; if a Barre in his Nativity had not hindred it . The remorse for his undutifulneesse towards his Father , was living in him till he dyed : for at his death he remembred it with bewailing , and desired to be Buryed as neare him as might be , perhaps as thinking they should meete the sooner , that he might aske him forgivenesse in another world . Of his Death and Buriall . HE dyed of a wound with an Arrow in his Arme , which neglected at first , and suffered to wrankle , or as others say , ill handled by an unskilfull Chirurgeon , in foure dayes brought him to his End. But his Charity deserves to have it remembred , that finding himselfe past hope of Recovery , he caused the Party that had wounded him to be brought before him , who being asked what moved him to doe this Fact ? answered , that King Richard had killed his Father and two of his Brothers with his owne hand , and therefor● would doe it , if it were to doe againe . Upon this Insolent answer , every one looked the King should have censured him to some terrible punishment , when contrary to all their expectations in a high degree of Charity , he not onely freely forgave him , but gave a speciall charge he should be set at liberty , and that no man should dare to doe him the least hurt : commanding besides to give him a hundred shillings for his paines . An Act that well shewed he had beene at the Holy Land , or rather indeed that he was going to it . He dyed the sixth day of Aprill in the yeare 1199. when he had lived 44. yeares , Raigned nine , and about nine moneths , and had his Body Buryed at Founteverard , by his Father ; his heart at Roan , in remembrance of the hearty love that City had alwayes borne him ; and his bowels at Chalons , for a disgrace of their unfaithfulnesse ; others say at Carlile in England . Of Men of Note in his time . IN his time were famous Baldwyn Archbishop of C●nterbury , who followed King Richard into the Holy Land , and dyed there ; Hubert that succeeded him ; Hugh Bishop of Lincolne ; William Bishop of Ely , a man equally famous and infamous ; also Baldwyn Archbishop of Canterbury , a learned Writer in Divinity ; Daniel Morley a great Mathematician , Iohn de Herham , and Richard de Herham , two notable Historians ; Guilielmus Stephonides a Monke of Canterbury , who wrote much in the praise of Arch-bishop Becket ; also one Richard Divisiensis , Nicholas Walkington , and Robert de Bello Foco , an excellent Philosopher . Of Martiall men , Robert Earle of Leycester ; Ranulph de Fulgers ; two of the B●●dolphs , Hugh and Henry ; three Williams , Marshall , Brun●ll and Mandevill , with two Roberts , Rosse , and S●vevile . THE RAIGNE OF KING IOHN . KING Richard being dead , the right of Succession remained in Arthur , Sonne of Geoffrey Plantagen●t elder Brother to Earle Iohn , but Iohn as thinking the title of Arthur but a Criticisme in State , and not for every ones capacity , at least in common sense not so plaine as his owne , who was the sonne of a King , and the Brother to a King , ascends into the Throne as confidently as if he had no competitor : Onely Hubert Arch-bishop of Canterbury went before , and made an Oration in his behalfe , wherein seeking to doe him a courtesie , he did him indeed a wrong ; for waiving his Right of Succession , he insisted wholly upon their Right of Election ; whereof would follow , that as they brought him in , so they might cast him out ; of which errour when he was told , he said , he did it of purpose to make King Iohn the more carefull of his Government , by making him sensible upon what an unsure ground his Regality stood : King Iohn resented it , but seeing it to serve his turne for the present , he tooke it not ill , as knowing that his turne once served , he could afterward be his owne carver of what title he pleased ; and so upon Ascension day in the yeare 1199. he was Crowned King at Westminster , with more solemnity then joy ; many presaging by their countenances , and more in their mindes , that all would not long be well . It cannot be denyed , but that in morall circumstances Earle Iohn had the advantage of his Nephew Arthur ; for he was a Man of yeares fit to Governe , Arthur but a Childe , not above thirteene yeares old ; he a Native , at least alwayes bred up in the Kingdome , Arthur a Forrainer , and had never beene here ; He well knowne both to the Nobility and the People , Arthur a stranger to both , as one they had never ●eene ; and besides to these morall advantages , he had now added one from the Politickes , that he had gotten Possession ; ( of more force in the practicall part then all the former ) and withall a greater then all these , if it be true which some write , that his Brother King Richard had assigned him his Successour after his decease . But yet knowing the Title at last would come to be tryed in a Court , where the Sword must be Judge ; he imployeth all his endevours to get this Judge to be his friend , and by all meanes possible to strengthen himselfe with Armes ; and thereupon going to Chinon and Roan , he seiseth upon the Treasure which his Brother had left in those parts , and with it , gets Friends and Souldiers , the Armour of Armes . And indeed all he could have done himselfe would have done him no good , if he had not had the helpe of able Assistants , who yet assisted him no lesse for their owne ends then for his ; and these were chiefly his Mother Queene Eleanor , who knew if her Grand-sonne Arthur should be King , that then his Mother Constantia would rule all ; at least during his Minority , and thereby her selfe put from the Stage of all Authority ; and the Arch-bishop Hubert , who also knew that if Arthur should come to Raigne , that then the Anjouyn and French should have all the best Offices , and the English wholly be neglected , as it was in the time of King William the Conquerour . And yet a greater Friend then both these , for comming to Roan , he used meanes that Walter the Arch-bishop in the Cathedrall Church with great pompe girt him with the Ducall sword of Normandy , and Crowned him with a Coronet of Golden Roses , he taking his Oath for Faithfull Administration in that Dukedome , and they their Oath for being his Loyall Subjects . Of his troubles in contestation with his Nephew Arthur . THough King Iohn had entred upon Normandy , and made that Province sure unto him , yet the Province of Anjou stood firme for Arthur , in observance of their love to his Father their former Prince : which also King Iohn soone after invading , reduceth by Force of Armes to his Obedience . And now Constantia the Mother of Prince Arthur , finding King Iohn too powerfull an adversary , and no likelihood for her party , to be able long to stand out against him without further assistance , conceives it her best way to have recourse to the King of France , and thereupon commits her Sonne Arthur to his Tuition : who seemed to receive him with the tendernesse of a Father , and promiseth to assist him with his uttermost Forces , in the recovery of his Right both in France and England . Here we may observe upon what hinge the affection of the Kings of France was used to turne . For in King Henry the seconds time , King Lewis of France was so great a Friend to his Sonne Richard , that by all meanes he would helpe him to get the kingdome from his Father ; Afterward when Richard was King , then Philip King of France , was so great a Friend to Iohn , that by all meanes he would helpe him to get the kingdome from his Brother ; and now that Iohn is come to be King , he is presently growne so great a Friend of Arthur , that by all meanes he will helpe him to get the kingdome from his Unkle ; and no doubt , if Arthur should ever have come to be King , he would have beene as ready to helpe any other to get the kingdome from him : by which it appeares , that it was not the Persons of the Men they either hated or loved , but that they were alwaies jealous of their growing too great ; and indeed this ballancing of States keepes Princes affections alwayes in suspense , and never suffers the Glasse of their Love or Hate , to make a true Reflection . About this time William King of Scots came to London to visit King Iohn , and there did homage to him for his kingdome of Scotland , though some say , but onely for the Counties of Northumberland and Cumberland , but being required ayde against the French , he excused himselfe , saying , he could not doe it without consent of his kingdome , and so returned home . And now Philip King of France having undertaken the protection of the young Prince Arthur , with a mighty Army enters Normandy , takes many of the best Townes , and pursuing his Victories , enters the Province of Anjou also , and recovers it from King Iohn , which he the yeare before had gotten from Prince Arthur . Upon this King Iohn makes a Journey into Normandy , accusing King Philip for breaking the Truce , which formerly he had made with King Richard for five yeares ; but when he should come to make his Accusation good by Armes , he falleth to Treaties , and obtaineth a new Truce for fifty dayes : with which new Truce , Baldwyn Earle of Flanders , who had professed himselfe of that side , was not well pleased ; and thereupon commeth to King Iohn to Roan , and entring a new League with him , they there consult how to proceed , when the fifty dayes should be expired . This consultation the King of France understood ; and thereupon both sides prepare for warre , but at the end of the Truce , both sides seemed to relent , and divers meetings were had for Treaties of Peace , and in conclusion , King Iohn more desirous of Peace then was for his Honour , agreed to these Conditions ; that his Ni●ce Blanch , Daughter of Alphonsus King of Castile by his Sister Eleanor , should marry with Lewis King Philips Sonne , who should have with her in Dower , besides thirty thousand Markes in money , all those Cities , except onely Angiers , which the French before that time had taken , which were many and very great : and his Peace thus made , he returnes into England with great joy , but was not with like joy received of the English Lords , who counted themselves dishonoured , in the dishonourable Conditions he had made ; and Baldwyn Earle of Flanders also , when he saw the poore spi●its of King Iohn , to descend to such base Conditions ; left his Party , and entring League with the King of France , disposed himselfe for the Holy Warre . But King Iohn having now gotten a Vacation , and a time of ease , which agreed much better with his nature then Warre , sets his minde wholly upon pleasures ; and for maintaining his pleasures , upon seeking after profit , which he pursues by all manner of injustice , under the name of Prerogative ; and with such violence , that when his Brother Geoffrey Arch-bishop of Yorke , in the dutifulnesse of a Counsellour , advised him not to take such unlawfull courses , he most unworthily tooke from him all he had , and it was a yeares worke for all the Arch-bishops friends to pacify his anger . In the necke of this injustice , he commits another , he procures a divorce from his Wife Avis , the Daughter of Robert Earle of Glocester , onely for being of kinne to him in the third degree , and by advice of the King of France , marries Isabell Daughter and Heire of the Earle of Angoulesme , Affianced before to Hugh le Brun Earle of March ; and shortly after brings her with him into England , where he and she together , are both Crowned at Canterbury . And here the Earles and Barons of the Realme , being all summoned to attend the King into France at Whitsontide following ; they all by a generall consent send him word , that unlesse he would restore them their Rights and Liberties , they would doe him no service out of the kingdome . But what it was that made the Lords more violent in pressing their Demands at this time then before , no Writers of these times doe sufficiently deliver : Onely some of them speake scatteringly of certaine oppressions ( besides the generall Grievance for Exactions ) lately offered to some of the Lords , one to the Earle of Chester , whom he would have banished , onely for advising him to leave his cruelty and incontinency : Another , a pursuite in Love to a Daughter of Robert Fits-Water , called Maude the Faire , who not consenting to the Kings lust , a messenger was sent to give her poyson in a potched Egge , whereof she dyed : And a third , offered to William de Brawse and his Lady , for a rash word spoken ; for when the King sent to have de Brawses Sonne delivered him for a pledge , the Lady answered , We shall doe well indeed to commit our Sonne to his keeping , who kept so well his owne Nephew Prince Arthur . This rash word cost de Brawse his Country , and his Lady and their Son their lives , both of them being famished to death in Prison . For , though these directly were but particular Grievances , yet reflectingly they were generall , what one suffered all might ; but whether any of these , or all of these together , were Ingredients to make a Compound of violence in the Lords at this time , or whatsoever was the true cause , this was plainely the effect , that unlesse the King would restore their liberties , they would not follow him out of the kingdome . But notwithstanding this refusall of his Lords , he passeth over with his Queene into Normandy , and from thence to Paris , where the King of France receives them with all complements of Love and amity . But now Hugh Earle of March , resenting the injury done him by King Iohn ; in taking away his affianced Wife , joynes with Prince Arthur , and the King of France also , for all his faire shew of amity lately made , joynes with them , as having sometime before marryed his youngest Daughter to Prince Arthur , and these with their Forces joyned , invade first the Turones , and then the Anjovins : of which Province Queene Eleanor the Kings Mother was left Regent , who thereupon betakes her selfe to Mirabell the strongest Towne of those parts , and sends to her Sonne King Iohn , acquainting him with the danger she was in , aud requiring his speedy succour . When in the meane time Prince Arthur takes the City , and in it his Grand-mother Queene Elea●or , whom he used with greater reverence and respect then she expected . But King Iohn at the hearing hereof , was so moved , calling the French King ungratefull and perfidious for succouring Prince Arthur , contrary to his League , that study●ng presently the Art of Revenge , he fell upon a stratagem , of all other the most prudent against an Enemy : For a Surprise in Warre is like to an Apoplexy in the Body , which strikes without giving warning for defence : And this Stratagemme at this time King Iohn put in practise , for travelling night & day with indefatigable labor , he came upon his enemies before they were aware , and setting upon them unprovided , it was rather an execution then a battell ; and they who remained unslaine were taken prisoners , amongst whom Prince Arthur him●elfe , who committed presently to the custody of Robert de Veypont in Roan , lived not long after whether it were that attempting to make escape , he fell down from the wals of his Prison , and was drowned in the River Seyne , as some say ; or whether it were , that through anguish of minde he fell sicke and dyed , as others say ; or whether indeed he w●re made away by King Iohn , as the common fame went ; Certaine it is , that he survived his imprisonment but a very few dayes . But though he were gone , yet his sister Eleanor , a preceding Competitor to King Iohn , was still remaining : Her therefore , at this time also King Iohn seiseth upon , and commits her in safe custody to Bristow Castle , where , after she had lived long , she dyed . Of his Troubles after the death of his Nephew Arthur . KIng Iohn being now freed from his Competitor , one would thinke he should have ended all his troubles , but like a Hydraes head , they rather multiplyed upon him : For they who had beene so ready to assist Prince Arthur in his life , were now as ready to revenge his death . And first , Constance his Mother comes to King Philip , with open exclamations against King Iohn , accusing him with the murther of her Sonne , and with all the instance of Teares and Intreaties , solicites him to revenge it . Hereupon King Philip summons King Iohn to appeare at a day , and because he appeared not according to the tenure of his Homage , it was decreed against him , that he had forfeited all the property of his Estate in France , and thereupon King Philip with mighty Forces invades his Territories , takes many Townes of principall consequence , while King Iohn lived idle at R●an , no more regarding it then if it had not at all concerned him ; and when some of his Lords seemed to marvell what he meant to suffer the French to rob him of such goodly Cities : You say true indeed , ( saith he ) for it is but Robbery , and within a few dayes you shall see , I will make him to restore them backe with usu●y . In this slighting humour he returnes into England , where he lookes not after the levying of Souldiers , or the raising of an Army , as this case required , but continues his old course for raising of money , accusing sometimes one of his Lords , sometimes another , as 〈◊〉 it w●re their fault that he had lost these Townes in France● and upon 〈…〉 made many of them pay great summes of money , which brought 〈…〉 into hatred at home , but into contempt abroad ; for the King of 〈◊〉 ●n●●●standing his unworthy courses , proceeds more violently in his Invasi●ns 〈…〉 , getting Falai● , Damfr●nt , and all the good Townes of Normandy , but onely Roan , and at last , though R●an was a Towne strongly fortifyed with Walls , and more strongly with the faithfull hearts of the Inhabi●ants , yet finding no hope of succour from King Iohn , it was forced for want of Victuals to submit it selfe to the King of France , whose example all the other Cities followed ; and so all Normandy returned to the subjection of the French , after three hundred and sixteene yeares that Roll● the Dane had first possest it . It was now the yeare 1205. and the fourth of King Iohns Raigne , about which time , the two props of his Estate , or rather indeed , the two Bridles of his intemperancy , dyed , his Mother Queene Eleanor , whose vertues had oftentimes qualifyed the vices of her Sonne ; and Hubert Arch-bishop of Canterbury , who repented him at his death of nothing more , then that he had beene an Instrument of bringing him to the Crowne . And now King Iohn being a Substantive of himselfe , hath a devise in his head to make his subjects as willing to give him money as he was to have it : for knowing the great discontentment they all had for his losses in France ; he gives it out , that he would presently rais● an Army , for recovery of those losses , if he might have money to goe about it : whereupon , never was money given with more alacrity ; and as soone as he had it , he instantly went to Portesmouth , and there took Shipping before it was possible for his Lords and others to be in readinesse to accompany him ; and sayling forward some certaine Leagues into the Sea , upon a sudden he returnes backe againe , and then laies the fault upon his Lords , that had not followed him ; and for this backwardnesse of theirs , imposed afterwards great Fines upon them ; by which meanes he got money no lesse by pretence of his not going , then he had done before by pretence of his going . About this time died Geoffrey Fits-Peter Justitiar of England , who while he lived kept the King in some awe , in so much , as hearing he was dead , he swore by the feete of God , that now at length he was King of England ; and with great rejoycing said to some Lords about him : Now when this man comes into Hell , let him salute the Arch-Bishop Hubert , whom certainely he shall finde there . But Philip , King of France , intending to leave the English nothing on that side the Sea , invadeth Chinon , and takes it ; and in it the valiant Captaine Roger Lacie , which had given a period to King Philips victories , had not Guido the husband of Constantia Prince Arthurs Mother revolted to King Iohn ; who with his assistance once againe leavies an Army , besiegeth Mount Auban , a Castle thought impregnable , and within fifteene dayes takes it , which Charles the Great could not get with his seven yeares siege : where so great a number of French Lords were taken prisoners , that King Iohn sent a Catalogue of their names into England , for a memoriall of so great a victory . After this , he taketh the strong Towne of Angiers , and utterly defaceth it ; for which afterward he was sorry , as being the Towne where he was borne . But now when the two Kings were ready to meete , and to give battell , intercession was made by friends of both sides , and thereupon a Peace concluded for two yeares : and King Iohn returned into England . King Iohn being returned , performes no lesse worthy acts at home , then he had done in France : for first he invades the Borders of Scotland , and brings Alexander King of Scots to doe him homage ; and then understanding many of the Irish to be revolted , he passeth over to Dublin , and reduceth them to his obedience ; and then placing Iohn Bishop of Norwich Governour there , he returnes into England ; where passing through Wales , he subdueth certaine Rebels there , and takes eight and twenty children of the best Families , for pledges of their future loyalty ; but not long after , hearing they grew mutinous and rebelled againe , he was so incensed , that he would not goe to dinner till he had seene those twenty eight children to be all hanged before his face : so inconsiderate a thing is the desire of revenge , that it makes no difference betweene innocency and guiltinesse ; though indeed a thing oftentimes must be done for example , which considered in it selfe , would be forborne . And it was the yeare 1214. and the fourteenth of K. Iohns Raign , when he going to Angiers , strongly repaires it ; and the Province of Poictou revolted to him ; which Lewis King Philips sonne understanding , comes upon them with a mighty Army , and using much severity upon the Authors of the revolt , takes prisoners , Reynold Earle of Boleigne , and William Earle of Salisbury , with many others of King Iohns Captaines , and defeateth his whole Army : whereof when King Iohn was certified , he grew in a manner desperate , and as a man dejected , makes a new Truce upon any conditions with the King of France , and returnes into England ; where he findes a worse businesse ready to entertaine him : for the Lords of the Realme having often required their ancient Rights and Liberties ; and finding nothing but delusions , endure no longer to be abused ; but meeting at Saint Edmundsbery , they there conferre how they may finde a remedy to redresse this evill ; and at la●t concluded to goe to the King themselves in person , and make their Demands ; whereof a Charter was produced , that had beene formerly granted in King Henry the firsts time : whereupon comming to the King after Christmas , lying then in the New Temple , and acquainting him with their Demands ; he gives them this faire Answer , that within a few dayes he would give them satisfaction ; and causeth the Bishops of Canterbury and Ely , with William Marshall , Earle of Glocester , to passe their words for him , that it should be performed . But the King meaning nothing lesse then to doe as he said , fals presently a leavying of Souldiers ; which the Lords understanding , they also doe the like ; and going to the Bishop of Canterbury , deliver him a Copy of their Demands , and require the Kings Answer . But the Bishop shewing it to the King , and humbly intreating him to give the Lords a satisfactory Answer : he swore a great Oath , they might as well demand the Kingdome , and that he would die before he would yeeld to any such demands . Whereupon the Lords ( knowing now what they were to trust to ) fall to besiege Northampton , and after that , Redford , which is yeelded to them ; and withall they are sent to by the Londoners , to signifie their readinesse to joyne with them . At this time the King was at Windsor providing an Army , but hearing the Londoners were joyned with the Lords , he thought it no good way to proceed by force , but rather by fraud ; and thereupon sends to the Lords , that if they would come to him to Windsor , he would grant their demands . The Lords comming thither , but in a Military manner , ( for they durst not trust his word ) the King saluted them all kindly , and promised to give them satisfaction in all they demanded ; and so in a Meadow betweene Windsor and Stanes , called Running-meade , he freely consented to confirme their former Liberties ; and was content some grave Personages should be chosen to see it performed . But the next day , when it should be done , he gets him gone to South-hampton , and from thence to the I le of Wight ; where advising with his Councell , what in this case was fittest to be done : It was concluded he should send to the Pope , to acquaint him with this mutiny of the Lords , and to require his help : while the King in the meane time lived skulking up and downe in corners , that no man might know where to find him ; or which is worse ( as some write ) roving about and practising Piracy . And now the Lords beginne to suspect fraud , when shortly after the Kings Messengers , who were Walter and Iohn , Bishops of Worcester and Norwich , returne with the Popes Decree ; which was , that the Kings Grant to the Lords should be void : with this Decree , the King after three moneths that he had staied in the I le of Wight , comming backe to Windsor , acquaints the Lords ; but they accusing the Messengers for false informing the Pope , and the Pope also for making a Decree without hearing both sides , betake them to Armes , and sweare by the holy Altar to be revenged for this Iudification and injurious dealing . The King finding the Lords nothing moved with the Popes Decree , sends againe unto him , to acquaint him with it : who mightily incensed to have his Decree so sleighted , adjudgeth them all to be held as enemies of Religion ; and gives power to Peter Bishop of Winchester , and to the Abbot of Reading to Excommunicate them . In the meane time the King had sent the Bishop of Worcester , Chancellour of England , and others with his Seale , to hire Souldiers from the parts beyond the Seas ; who returned shortly after , bringing along with him out of Poicto● and Glasconie , Savery de Malcon , Geoffrey and Oliver B●t●vile , brothers ; & under their conduct so great a rabble , that with these Forces , within halfe a yeare the King had gotten all the Castles of the Barons , to the borders of Scotland . And now he divides his Army , committing part of it to his brother William , Earle of Salisbury , and others , to set upon London ; and with the other part he goes himselfe into Yorkshire , where most of the Lords had Possessions , which in most cruell manner he destroyeth with fire and sword . The Lords being thus on all sides distressed , resolve upon a course , neither honourable nor safe ; yet such as necessity made seeme both : they send to Philip King of France , requiring him to send over his sonne Lewis to their aide , and promising they would submit themselves to be governed by him , and take him for their Soveraigne . To this motion of the Lords , King Philip was as forward as themselves ; which King Iohn understanding , sends againe to the Pope , requiring him to use his authority to stay the King of France from comming . But King Philip , though much regarding the request of the Pope , yet nothing so much as the acquest of England ; with all speed provides an Army , and with a fleete of sixe hundred sayle● sends over his sonne Lewis ; who passing into England , landeth at Sandwich , whither many of the Lords and others resort unto him ; and giving Oaths of Allegeance , joyne themselves with him . King Iohn at this time was at Dover , but not daring to stay there for feare of the enemy , he commits the Castle to Hubert Burgh ; and goeth himselfe to Canterbury , and from thence to Winchester in manner of a flight ; which Prince Lewis understanding , goeth straight to London , and by a plausible Oration makes that City sure unto him : and thither come to him the King of Scots with an Army of choyce Souldiers , as also the Earles , Warren , Arundel , Salisbury , with many others . And now Prince Lewis passeth all the Countrey over without resistance , but not without infinite outrages committed by his Souldiers , which it was not in him to hinder : and then comming to Norwich , he takes that City easily , but Dover cost him a longer siege , as being defended by the valiant and loyall Captaine Hubert Burgh . In this meane while King Iohn finding his enemies imployed in these difficult sieges ; sends about and gathers a rabble of all raskall people to him , and with them runneth over all the Countrey , spoyling and killing in most barbarous manner ; and now was the kingdome made the Stage of all miseries of rapine and cruelty : two Armies in it on foote at once , each of them seeking to prey upon the other , and both of them upon the Countrey . But the King comming to Wallpoole in Norfolke , where the Washes were to be passed over , he sendeth one to search where the Foord was passable , and there himselfe with some few passed over , but the multitude , with all the cariages , passing without orde● , they cared not where , were all drowned ; with which dysaster , the King through anguish of minde fell into a Feaver , whereof within a few dayes he died . And here was an end of all the troubles of this King : In whom it is observable , that loving his case● so well as he did , he should runne voluntarily into such troubles , especially at home , upon so small occasions as he did ; but it should seeme there is no greater hinderance to men for accomplishing their will , then their owne wilfulnesse . Of his Taxations . TO speake of his Taxations , it may not unproperly be said that it was but one continued Taxation all his Raigne through ; yet to divide it into parts : his first was the Taxation of three shillings upon every Plough-land through the kingdom● , to pay the thirty thousand Markes , for his Neece Blanches Portion ; and to mend this Taxation , he seiseth upon all the Temporalties of his brother Geoffrey Arch-bishop of Yorke , for opposing it ; and for a continuation , he makes a progresse shortly after into all the North parts , where he exacts great Fines of offenders in his Forests . Very shortly after solicited by the Popes Legate , he grants a Subsidy of the fortieth part of al his subjects Revenues for one year , to succor the Holy Land. Shortly after this , he chargeth his Earls and Barons with the losses he sustained in France ; & thereupon Fines them to pay the seventh part of all their goods : neither spared he the Church , or the Commons in this Imposition . Before this year is ended another Lea●y is made at a Parliament in Oxford , wherein is granted two Markes and a halfe of every knights Fee , for Military aide ; neither are the Clergy exempted from paying their part : and before another yeare is out , another Imposition is laid of the thirteenth part of all movables and other goods , both of the Clergy and Laity . It may be reckoned amongst his Taxations , that when the Monkes of Canterbury had displeased him about the election of their Arch-bishop , he seised upon all their goods , and converted them to his owne use : and presently after this , upon the like displeasure , he deputes many Bishopricks , Abbeys , and Priories into the hands of Lay-men , and confiscates all their Revenues . To these may be added that he tooke eleven thousand Markes of Silver of the King of Scots for granting him Peace . Adde to these also great summes of money exacted and gathered from the Iewes , among whom there was one that would not be ransomed , till the King caused every day one of his great teeth to be pulled out by the space of seven dayes , and then he was content to give the King tenne thousand Markes of Silver , that no more might be pulled out . Adde to these , that at his returne out of Ireland , he summoned all the Prelates of the kingdome to appeare before him ; of whom he extorted for their redemption , the summe of an hundred thousand pounds Sterling . Adde lastly to these , that at his returne out of Wales , he exacts of every knight that attended him not in that expedition , two Markes . Of his Lawes and Ordinances . HE was the first that appointed the Formes of Civill Government in London and other Cities , endowing them also with their greatest Franchises . The first that caused Sterling money to be here Coyned ; The first that ordained the Honourable Ceremonies in Creation of Earles ; The first that setled the Rates and Measures for Wine , Bread , Cloath , and such other necessaries of Commerce● The first that planted English Lawes and Officers in Ireland ; The first that enlarged the Royall stile with Lord of Ireland , and both annexed that kingdome , and fastned Wales to the Crowne of England . Affaires of the Church in his time . AFter the death of Hubert Arch-bishop of Canterbury , the Monkes of th●● Covent secretly in the night Elected one Reginold their sub-prior to succeed him ; and caused him to goe to Rome for confirmation : but afterward doubting how the King would take it , being done without his knowledge , they crave leave of the King to chuse a fit man , the King is content to allow them the Election , but requires himselfe to have the Nomination , and thereupon commends unto ●hem Iohn Grey Bishop of Norwich , whom he specially favoured , and accordingly the Monkes Elect him . But the matter being afterward referred to the Pope , which of these two Elections should stand good , after many Allegations of both sides , the Pope to shew himselfe indifferent to both , disallowes them both , and nominates a third man , one Stephen Lancthon , Cardinall of Saint Chrysogone , an Englishman borne , and a man of great learning . The Monkes admit him , but the King opposeth it : and now , as it were , a Prize began to be played between the two Swords , the Spirituall and the Temporall : but he that used the Spirituall Sword , proved so much the better Fencer , that he disarmed the other , and tooke away his temporall Sword from him . It is true , in the first Venue , the King gave the Pope as good as he brought ; for as the Pope threatned the King to excommunicate him , and to interdict the kingdome ; So the King threatned the Pope to nullifie his Authority , and to banish Clergy men out of the Realme . In the second Venue , as the Pope acted as much as he had threatned ; ( for he interdicted the ●ingdome ) So the King performed as much as he had spoken ; ( for he drove the Monkes ou● of their Cloyster ) yet at last when Pand●lphus the Popes Legat came into England , and made appeare to the King in what great d●ngers he stood ; First● of the King of France , by Invasion ; and then of his owne Subjects , by Rebellion ; for both which , there was no other helpe but Reconcilement with the Pope ; he so touched him to the quicke , that he made him leave his great words , and fall to asking forgivenesse . So as taking off the Crowne from his head , he laid it downe at Pand●lphus fe●te , to be disposed of , as the Pope should please . And Pandulphus stucke not to ●●ke up his Crowne , and to keepe it three or foure dayes in his hands before he restored it ; and did not then neither , but upon condition that he ●nd his Successours sho●ld hold the kingdome of the See of Rome , at the annuall tribute of ● thousand Markes . And all those three or foure dayes , in which Pandulphus kept the Crowne , it might be truely said , the kingdome was without a King. And upon this , no doubt it was that Peter an Her●●te in a Propheticall Rapture had given out some time before , that by Asc●●sion day , there should be no King of England . Which though in some sort it was true , yet in some sort it was not true , and it was in the Prerogative of the King to make his owne interpretation : And so it cost the poore Hermite and his Sonne their lives , and they remaine as a pillar of Salt , to make men take heed of Ludere cum Sanctis ; and of playing the Critickes in matters of State. But by this meanes the kingdome was released of the Interdiction , which had continued sixe yeares , three moneths , and foureteene dayes : During all which time , there was no publique Exercise of Religion ; no Churches open ; no Ecclesiasticall Sacraments administred● but onely to them that were in danger of death , and baptisme to children ; all that dyed were buryed like dogges , in ditches and corners , but onely such as had purchased or procured licence from the Pope . In this Kings Raigne , Saint Dominicke continued his Preaching ten yeares together , against the Albigenses . Also in his time Saint Francis renounced the world ; and when a Priest to whom he offered it , would not take his money , he cast it away● and entred into a Vow of perpetuall Poverty . Also in this Kings time , was held the L●teran Councell , under Pope Innocent the Third , in which was established the Popes power over Princes , and in matters of Faith , Auricular confession , and Transubstantiation . Of his Irreligion . I Need not relate a Speech of his , though very unchristian , that having beene a little before reconciled to the Pope , and then taking an overthrow in France , in great anger he cryed out , that nothing had prospered with him since the time he was reconciled to God and the Pope . Nor another speech of his , which though spoken merrily , was in good earnest very irreligious , that being on a time a hunting at the opening of a fat Bucke , he said : See how this Deere hath prospered , and how fat he is , and yet I dare sweare he never heard Masse . It is sufficient to relate one act of his , ( if it be true which some write ) that being in some distresse , he ●ent Thomas Hardington , and Ralph Fits Nichols , knights , in Embassage to Mir●●m●malim King of Africke and M●r●cco , with offer of his kingdome to him , upon condition he would come and aide him ; and that if he prevailed , he would himselfe become a Mahometan● and renounce the Christian Faith. Though some there be that ●ay , All the●e were but false Criminations charged upon him by Monkes that did not love him . But though we believe not these things of him ; yet to suffer his kingdome to stand Interdicted so many yeares together , upon so small occasion as he did , was certainely no good signe of Religion in him . Yet one Act he did , wherein he shewed a respect to Religion , by the honour he did to a Religious man : For Hugh Bishop of Lincolne lying very sicke , he not onely went to visit him , but being dead , was one of the three Kings , ( the other two were , William King of Scotland● and the King of Southwales ) that carryed his Herse upon their shoulders , till they delivered it to the Peeres , and the Peeres afterward to the Arch-bishops and Bishops to carry it in●o the Quire. Workes of piety done by him , or by others in his time . YEt did this King leave more Workes of Piety behinde him , then all his Subjects that were in his time . For he Founded the Abbey of Bowley in the New Forest in Hampshire : also an Abbey of blacke Monkes in the City of Winchester , and the Monastery of Farend●n , and the Monastery of Hales Owen in Shropshire : he reedified ●odsto● and Wr●xell , and enlarged the Chappell of Knarisborough . Now for his Subjects , onely Richard Prior of Ber●mon●sey builded an House against the wall of the said house of Ber●on●sey , called the Almary or Hospitall of Converts and Children , in honour of Saint Thomas . In this Kings time Saint Mary Overeyes in Southw●●ke was begun to be builded , and the Stone Bridge over the Thames , was by the Merchants of London finished . Also Hubert Arch-bishop of Canterbury , Founded a Monastery at West Derham in Norfolke , which upon the dissolution came to the family of the Derhams , who hold it to this day . Of his Lawes and Ordinances . IN this Kings time , five and thirty of the most substantiall Citizens of London , were chosen out , and called the Counsell of the City , and the King gave the City liberty to alter their Major and Sheriffes every yeare , which before continued during life . He caused the Lawes of England to be executed in Ireland , and money to be Coyned there , according to the weight of English money . Of his Wives and Children . KING Iohn lived to have three Wives : His first was Alice Daughter of Hubert Earle of Morton , who left him a Widower without issue . His second was Isabell Daughter and Heire of Robert Earle of Gl●c●ster , by whom no issue neither , divorced from her by reason of Consanguini●y in the third degree . His third Wife was Isabel Daughter and Heire of Aymer Earle of Angoules●e , Affianced before to Hugh le Brun , Earle of March : By this Wife he had two Sonnes , Henry and Richard , and three Daughters , Ioane , Eleanor , and Isabell : Henry succeeded him in the kingdome ; Richard was Earle of Cornwall , and Crowned King of the Romans , and had issue Henry and Iohn , that dyed without issue : also Edward Earle of Cornwall , and others . Ioane his eldest Daughter marryed to Alexander the second King of Scots , dyed without issue : Eleanor the second Daughter ( marryed to Simon Earle of Leycester ) had issue Henry , Simon , Almaricke , Guy , Richard , and Eleanor . Henry slaine without issue . Simon Earle of Bigorre , and ancestour to a Family of the Mountfords in France . Almaricke , first a Priest , after a knight . Guy Earle of Angleria in Italy , and Progenitour of the Mountfords in Thuscany , and of the Earles of the Campo Bacchi in the kingdome of Richard● remaining privily in England , and changing his name from Mountford to Wellesborne , was ancestour of the Wellesburnes in England . Eleanor borne in England , brought up in France , marryed into Wales , to Prince Lewin a● Griffith . Isabel his youngest Daughter , marryed to the Emperour Fredericke the second , had issue , Henry appointed to be King of Sicilie , and Margaret Wife of Albret Lantgrave of Thurine . She dyed in Childbed , after she had beene Empresse sixe yeares . He had also two naturall Sonnes , Geoffrey Fits Roy , and Richard , that marryed the Daughter and Heire of Fulbert de Dover , ( who built Childham Castle ) had issue by her , of whom some Families of good account are descended . Also one base Daughter named Ioane , marryed to Lewin Prince of Wales . Of his Personage and Conditions . HE was of Stature indifferent tall , and something fat , of a sowre and angry countenance , and concerning his conditions , it may be said , that his Nature and his Fortune did not well agree : For naturally h● loved his e●se , yet his Fortune was to be ever in Action . He won more of his Enemies by surprises then by Battels , which shewes he had more of Lightning in him then of Thunder . He was never so true of his word as when he threatned , because he meant alwayes as cruelly as he spake , not alwayes as gratiously ; and he that would have knowne what it was he never meant to performe , must have looked upon his promises . He was neither fit for Prosperity nor Adversity : For Prosperity made him insolent , and Adversity dejected ; a meane Fortune would have suited best with him . He was all that he was by Fits : Sometimes doing nothing without deliberation● and sometimes doing all upon a sudden ; Sometimes very Religious , and sometimes scarce a Christian. His insatiablenesse of money was not so much as that no man knew what he did with it , gotten with much noyse , but spent in silence . He was but intemperate in his best temper , but when distempered with sicknesse , most of all , as appeared at his last , when being in a Feaver he would needs be eating of raw Peaches , and drinking of sweete Ale. If we looke upon his workes we must needes thinke him a worthy Prince , but if upon his Actions , nothing lesse : For his Workes of Piety were very many , as hath beene shewed before , but as for his Actions , he neither came to the Crowne by Justice , nor held it with Honour , nor left it in Peace . Yet having had many good parts in him , and especially having his Royall posterity continued to this day , we can doe no lesse then honour his memory . Casualties that happened in his time . ONe Casualty we might count dysastrous , if it had not had relation to our selves : for Hugh de Bones comming to aide King Iohn with threescore thousand out of Britany and Flanders , by misfortune at Sea were all Drowned , to whom the King had granted Norfolk and Suffolk for the people he brought with him to Inhabit . In this Kings time were great thunders and lightnings , and showers with hailstones as big as Goose-Egges . Fishes of strange shape were taken in England , armed with helmets and shields , and were like unto armed knights , saving that they were farre greater in proportion . About Maidestone in Kent a certaine Monster was found strucken with the Lightning , which Monster had a head like an Asse , a belly like a man , and all other parts farre differing from any other Creature . Of his death and buriall . VVHen Prince Lewis of France was come into England , and was received by the Lords and by the Londoners , King Iohn with an Army went into the North parts , and comming to Wallpoole , where he was to passe over the Washes , he sent one to search where the water was passable , and there himselfe with some few passeth over , but the multitude with all his Carriages and Treasure passing without Order , they cared not where , were all Drowned . With the griefe of which dysaster , and perhaps distempered in his body before , he fell into a Feaver and was let blood ; but keeping an ill dyet , ( as indeed he never kept good ) eating greene Peaches , and drinking sweete Ale , he fell into a loosenesse , and grew presently so weake , that there was much adoe to get him to Newarke● where soone after he dyed . Though indeed it be diversly related ; Caxton saith , he was poysoned at Swi●●sheads Abbey by a Monke of that Covent ; the manner and cause this : The King being there , and hearing it spoken how cheape Corne was , should say , he would ere long make it dearer , and make a penny loa●e be sold for a shilling . At this speech the Monke tooke such indignation , that he went and put the poyson of a Toade into a cup of Wine , and brought it to the King , telling him there was such a cup of Wine as he had never drunke in all his life , and therewithall tooke the assay of it himselfe , which made the King to drinke the more boldly of it ; but finding himselfe presently very ill upon it , he asked for the Monke , and when it was told him that he was falne downe dead ; then ( saith the King ) God have mercy upon me , I doubted as much . Others say , the poyson was given in a dish of Peares . But the Physitian that dis-bowelled his body , found no signe of poyson in it , and therefore not likely to be true ; but howsoever the manner of his death be uncertaine , yet this is certaine , that at this time and place he dyed , on the 19. day of October , in the yeare 1216. when he had Raigned seventeene yeares and sixe moneths ; Lived one and fifty : He was buryed , his bowels at Croxton Abbey , his body at Worcester under the High Altar , wrapped in a Monkes Cowle , which the superstition of that time accounted Sacred , and a defensative against all evill Spirits . Of the prises of things in his time . NEitheir is this unfit to be recorded in Chronicles , to the end comparison may be made betweene the time past and the present : as in the time of King Henry the second , a Quarter of Whea●e was sold for twelve pence ; a Quarter of Beanes or Oates for a groat . Neitheir is the price of Silver it selfe much lesse altered , for an ounce of Silver was then valued but at twenty pence ; which is now valued at least at five shillings . Whereof Philosophers must tell the reason , for seeing scarcity makes things deare , why should not plenty make them cheape ? Of Men of speciall Note in his time . IN Military matters there were many famous men in his time , as Robert Fits-Roger , and Richard Mount-Fitchet , with many others ; but chiefely two , whose Acts make them specially memorable : the one was Hubert Burgh , whom K. Iohn had left Governour of Dover Castle , of whom it is related , that when Prince Lewis of France came to take the Towne , and found it difficult to be taken by force ; he sent to Hubert , whose brother Thomas he had taken prisoner a little before ; that unless● he would surrender the Castle , he should presently see his brother Thomas be put to death with exquisite torments before his eyes : but this threatning moved not Hubert at all , who more regarded his owne loyalty , then his brothers life : then Prince Lewis sent againe , offering him a great summe of money ; but neither did this move , but he kept his loyalty as inexpugnable as his Castle . The other was Robert Fits-Water , of whom it is related , that King Iohn being with an Army in France , one of his knights in a great bravery would needs make a challenge to any of the French Campe , that durst encounter him in a Combat , when presently comes forth this Robert Fits-Water ; and in the encounter , threw horse and man downe to the ground : whereof when King Iohn heard , By Gods tooth ( saith he ) he were a King indeed that had such a Champion ; whereupon some that stood by , saying to him , He is Sir , a servant of your owne , it is Robert Fits-Water , whom you have banished . Whereupon his sentence of banishment was presently reversed , and the King received him , as he well deserved , into speciall favour . In matter of Literature also there lived many famous men in the Kings Raigne ; as Geoffrey Vinesaufe , Simon Fraxinus , alias Ash , Adam Dorensis , Iohn de Oxford , Colman sirnamed The wise● Richard Canonicus , William Peregrine , Alane Tewksbery , Gervasius Dorobernensis , Iohn Hanwill , Nigell Worker , Gilbert Holland , Benet de Peterborough● William Parvus a Monke of Newburgh , Roger Hoveden , Hubert Walter , Arch-Bishop of Canterbury , Alexander Theologus , Gervasius Tilberiensis , Gyraldus Cambrensis , Iohannes Devonius , Walter Mapis , Radulphus de Diceto , Gilbert Legley , Mauricius Morganius , Iohn de Fordeham , William Leycester , Ioceline Brakeland , Roger of Crowland , Hugh White , alias Candidus , who wrote an History intituled Historia Petroburgensis ; Iohn de Saint Omer , Adam Barking , Iohn Gray an Historigrapher , and Bishop of Norwich ; Walter of Coventry , Radulphus Niger , and lastly , Simon Thurvay , who for his pride in Learning , but more for his blasphemies against Moses and Christ , became at last so utterly ignorant , that hardly he could read a letter of the booke . THE LIFE and RAIGNE OF KING HENRY THE THIRD . Of his comming to the Crowne , and of Acts done in his Minority . KING Iohn being dead , his eldest soone Henry was next to succeed : who being but nine yeares old , though he were capable of having his Right , yet he was scarce c●pable of understanding his Right : especially there being another at that tim● , to whom a great part of the Kingdome had sworne Allegeance . But those Lords who had beene constant to the Father , notwithstanding his faults , were more tender of the son , who was altogether innocent , and whose gracious aspect gave no small hope of a better disposition . Amongst all which Lords , there was none of eminent in worthinesse , none so neare him in Alliance , as William Marshall Earle of Pembroke , who had married his Aunt ; and he drawing the rest of the Lords together , with a solemne Oration in behalfe of the young Prince , so confirmed them , and so ordered the matter , that on the twenty eight day of October , in the yeare 1216. he was Crowned at Glocester , by Peter Bishop of Winchester , and Ioceline Bishop of Bathe , in the presence of Guallo the Popes Legat , and many Lords and Bishops : and the said William Earle of Pembroke , by a generall consent , assigned Protector of the Realme during the Kings Minority . In which place , the first thing he did , was to give notice of the new Kings Coronation to all the Countries round about ; and proclaime pardon to all offenders , that within a time limited should come and submit themselves to him . In the meane time Prince Lewis of France , who at his first hearing of King Iohns death , thought himselfe then sure of injoying the Kingdome quietly , and that he should need to feare no more opposition ; now that he heares of the new Kings Crowning , and that so solemnly , and with so unanimous a consent , he begins to thinke himselfe in worse case then before ; and to grow jealous of the English Lords that had adhered to him , what they would doe in this new world . And indeed a conflict was already growne in their minds , which of the two Obligations should be the greater ; either that of their Oath to Prince Lewis , or that of their Allegeance to King Henry . They could not but think it extreme ungratfulnes to forsake Prince Lewis , whom they had themselves invited to come : and they could not but thinke it extreme undutifulnesse to stand out in opposition against K. Henry , their naturall Soveraigne : and that which added no small weight to this scale , was a discovery lately made by the Viscount Melun a French Lord at the time of his death , who confessed as a matter of conscience , that Prince Lewis had 〈◊〉 , if once he got th● kingdome , utterly to extirpate all the English Nobility and to admit 〈◊〉 but F●●nch to any place of dignity . But whether any of these reasons , or any other 〈◊〉 their motives ; certaine it is , that many of them , of who● were princip●●● , the Earles of Ar●nd●ll , Warren , Salisbury , and William , the eldest sonne of the Protectour , shrunke from Prince Lewis , and went to King Henry , as thinking no Obligation so great as Allegeance : and many againe continued constant to Prince Lewis , as thinking no Obligation so great as an Oath . And now Prince Lewis● to cast the Dice of Fortune , before his enemies , though they had gotte● them a Head , should gather to a head , and draw more for●●s together ; staying ●imself● a Londo● , 〈…〉 his Lieu●enant● with an Army of twenty thousand , to take in as many Townes as they could ; and many they tooke with small opposition : but comming to Lincolne , where though they had the Towne it selfe , yet the Castle stood o●●● and ●ad beene defended by a Noble Lady a whole yeare before ; they found such resistance , that their proceeding was there arrested ; for thither came presently Wi●●ia● the Pro●ect●ur with h●s sonn● William , the Bishops of Winchester , ●alis●ury , and ●●ester ; t●e ●arles of ●alisbury , Ferrers and Albemarle , William de Albinet , William de Cantilupe , Falcasius , Thomas Basset , Robert Vipon● , Bren● de Lis●e , Ge●●frey Lacie , and many other Barons , with all the power of the young King : who with wonderfull violence assault the City ; at which time it was propounded by the French , to sally forth , and give them battell ; but conceiving their Army to be greater then indeed it was ( for the English had set double Ensignes to every Company , which made a shew of twice as many as they were ) they forbare that course , and kept them selves within the Towne ; by which meanes being cooped up and straitned i● place , so as they cou●● 〈◊〉 make use of their Forces as otherwise they might ; the● were in conclusion 〈…〉 , and all the principall men of the English that had adhered to Prince 〈◊〉 ● were taken prisoners : as namely , Sa●● Earle o● Winchester , Henry de ●ohun 〈◊〉 of Hereford , Gilbert de Gant , lately made Earle of Lincolne by Prince Lewis ; 〈◊〉 Fi●●●water , Richard Mount-fi●●het , William Mawbr●y , William Beauchamp , Willi●● Maude● , Oliver Harcourt , Roger de Cressy , William de Colvil● , William de Ro● , Robert de Rope●●●y , ●alph Chendui● Barons ; besides foure hundred knights or men at Armes . Onely the Earle of Perch their Generall , being compassed about , and willed to render himselfe , swore he would never become prisoner to any English : and thereupon was runne thorow the sight of his Helmet into the braines , and instantly died . This was a maine blow to Pr●nce L●●is , and th● last of his battels in England ; and because the City was very rich in Merchandise , the English in derision called it Lewis Faire . But Prince Lewis was not yet discouraged , for he had sent to King Philip his Father , to send him new supplies out of France ; and new supplies were indeed sent : but Hubert de Bu●gh , Governour of D●ver , being as vigilant as he was valiant , watched their comming , and in a Sea-fight defeated them all , of whom but few escaped : and now this blow at Sea was so much greater then that at Land ; that where that made him onely doubt , this made him despaire , at leas● made him malleable , and fit to be wrought upon by composition ; whereupon it was at last concluded , that Prince Lewis should have fifteene thousand Markes for the charges he had beene at , and abjure his claime to any interest in the kingdome ; and withall to worke his Father for restitution of such Provinces in France as appertained to this Crowne : and that when himselfe should be King , he should resigne them in a peaceable manner . On the other part , King Henry takes his Oath ; and for him the Legat Guallo and the Protectour , to restore unto the Barons of the Realme , and other his subjects , all their Rights and Priviledges ; for which the discord beganne betweene the late King and his people . After this Prince Lewis is honourably attended to Dover , and departs out of England about Michaelmas , above two yeares after his first arrivall . And now the kingdome is come to unity within it selfe , one King and one people ; and for a yeare or two there was little to be done , onely some few there were , whom the corruption of the times had engendred ; and who being borne in a storme , could not live in a calme : of whom the principall were the Earle of Lisle● and Hugh de Bayli●l● ; who bustling about , got possession of some Castles : with what intention , all men knew ; but with what hope of effecting their intention , no man could imagine : for being but a handfull of men to the body of the Realme ; they were easily suppressed ; and either brought to acknowledge their faults , or else punished for not acknowledging them . It was now the fourth yeare of King Henries Raigne , at which time William Earle of Pembroke , Protectour of the Realme , died , and was buried in the new Temple at London : in whose place came the Bishop of Winchester ; and now was the King the second time Crowned , and had granted him by Parliament● for E●c●age , two Markes of silver of every knights Fee , for the affaires of the kingdome , and recovery of his Transmarine Dominions , which is now designed : and Mall●on de Savery , the Poicto●in , with William Long-sword Earle of Salisbury , sent over to try the affections of that people ; whom they finde for the most part inclinable to the obedience of this Crowne : but the King of France being required peaceably to deliver them ; made answer , that having gotten them by the sword , by the sword he would hold them . But now the King being come to some yeares of understanding , was in a Parliament holden at London , put in minde by the Archbishop of Canterbury , of the Oath he had taken for confirmation of the Liberties of the kingdome , which though oppugned by some ( and sp●cially by William Brewer , and Hubert de Burgh , whom the King had now made his chiefe Justiciar ) as having beene an Act of constraint : yet the King then againe ratified , and twelve knights or other Legat men of every Shire , by Writs were charged to examine what the Lawes and Liberties were which the kingdome injoyed under his Grandfather ; and that they should returne them by a certaine day : and here the King by Parliament resumeth into his hands such Alienations as had beene made by his Ancestors of any Crowne Land. The next yeare after , another Parliament is held at Westminster , wherein is required the fiftieth part of all the movables , both of the Clergy and Laity , for the recovery of those parts in France , with-held from the Crowne by Lewis now King , contrary to his Oath and promise made here in England at his departure ; which , though it concerned the Honour and Dignity of the kingdome , and the estates of most of the Nobility ; yet would it not be yeelded to , but upon confirmation of their Liberties , which in the end was obtained , in the same words and forme as King Iohn had granted them in the two Charters before : and twelve knights are chosen in every Shire , to dispart the old Forests from the new , and the new to be laid open and ploughed , and improved● to the great comfort and benfit of the subject ; and two yeares they were accordingly injoyed . Of his Acts after he came to be of age . IT was now the tenth yeare of King Henries Raigne , and being about nineteene yeares of age , he claimed to take the government of the kingdome into his own hands , and no longer to be under a Protectour ; and now will presently appeare the difference betweene a Prince that is ruled by good Counsell , and a Prince that will doe all of himselfe , and take no advise . For the ten yeares hee was ruled by a Protectour , were all passed , as it were in a calme , without noyse or clamour ; but as soone as he tooke upon him the government himselfe , there grew presently stormes and tumults ; no quietnesse either to the subject or himselfe : nothing but grievances all the long time of his Raigne . For at the Parliament now holden at Oxford , as soone as he was Crowned againe , he presently cancels and annuls the Charter of the Forests , as granted in his Nonage ; and therefore he not bound to observe it : and then not using any longer the Seale which the Protectour had used , he makes a new ; and causeth a Proclamation to be made , that whosoever would enjoy any benefit of Grants under his Seale , should come and have them signed by his new Seale ; by which course he drew much mony from many : and this was the first grievance . Shortly after , he commits the keeping of Barkehamstead Castle to one Walleran a Du●chman , which Castle belonged to his Brother Richard Earle of Cornewall : but when Earle Richard required to have the possession● as o● right he ought , it was then plotted by Hube●t Burgh Chiefe Justice , and the Kings chiefe Counsellor , to commit him to prison , which the Earle understanding , o● at least suspecting , flies pres●ntly to M●rleborough , where he finds William Earle Marshall his vowed friend , with whom he has●ens to Stamford , and there mee●es with the Earles of Chester , Glocester , Warren , Hereford , Ferrers , Warwicke , and diver● other Barons ; who all confederate together , and send to the King ●hat unlesse he restore the Castle to his brother , and ●o them the Liberties of Forests which he had lately cancelled at Oxford , they would seeke to recover them by the sword . Here , upon King Henry to pacifi● his brother● not onely renders the Castle to him● but gives him besides all that his Mother had in Dower and also great possessions which the Earle of Britaine , and th● Earle of B●leigne lately deceased● had in England ; but to the Petition of the Lords he makes a dilatory answer● and this was another grievance . Not long after King Henry is perswaded by Hugh ●e Brun , Earle of March , who had married his Mother , to make a journey into France , for recovery of his right there● but the Earle perswaded it for ends of his owne ; which to have discovered , had beene no way to com●●●●e them●●e must therefore ●ay some colours upon his worke , and it was colour enough● that the action would be of great benefit to the King , if it might succeed● and the likelihood of succeeding was most apparent , by reason of the great inclina●ion of the people to King Henry ; and their great aversnesse from King Lewis . Upon these colours , King Henry undertaking the action , raiseth great summes of money from the Clergy● and from the Londoners for redemption of their Liberties● and takes the ●hird part of all the goods of the Iewes● but when he returned home a yeare after , without having done any thing but spent his treasure and his time● and that which was mo●e worth then both these , the lives of many Noble men and others : this was another grievance . And now King Henry bringing many P●●ct●●ins over with him , who had served him in his warres● he was to reward them ●ere ; which he could not doe , but by displacing and spoyle of his Officers . First therefore he calleth Ralph Bretton Treasurer of his Chamber to account , and grievously F●nes him for defrauding him in his Office : Then likewise is Hubert de Burgh Chiefe Justiciar , and his Chiefe Counsellour called to account , for such Treasure as passed his Office , who being further charged with crimes of Treason , flies to the Church of Merton for sanctuary ; from whence , when the King commanded him to be drawne out by violence , the Bishop of London hearing of it , commanded him to be returned back to sanctuary , upon paine of Excommunication : but the King commanding him to be kept from sustenance , hunger at last enforced him to render himselfe to the Kings mercy : all his goods , which were very great , confiscate . Also Walter Bishop of Carlile is thrust out of his Office of Treasure , and William Rodon knight , from his place of Ma●shall of the Kings house , and all the chiefe Counsellours , Bishops , Earles , and Barons of the kingdome are removed , as distrusted● and onely strangers preferred to their roomes : of which course , Peter de Rupibus a Poictouin , Bishop of Winchester , and one Peter de Rivalis , the Kings speciall Favorite , were said to be the Authors : and this was another grievance . The King was now about eight or nine and twenty yeares old , and a Consultation was had for a fit wife for him . There was propounded a sister of Alexander King of Scots , but it was not thought fit the King should marry the younger sister , when Hubert de Burgh had married the elder : he therefore takes one of his owne choosing , and marries Eleanor , daughter to Raymond Earle of Province ; by which match he neither had Portion by his Wife , nor strength of Alliance by friends ; or if any were , it was all made vaine by distance : onely he had by her a number of poore kindred , who to his great cost , lay hanging upon him ; yet was the marriage solemnised with as great charge as if he had beene to have Mountaines with her : and this was another grievance . And now is the score of these grievances called upon to be paid , for the Lords could no longer endure so many indignities , to see themselves fleighted , and onely strangers advanced ; as Brent● who held the Earledomes of Nottingham , Oxford , Bedford , and B●ckingham , and others the like : and to see their persons exposed to danger , and their estates to ruine ; for which no remedy could be but onely the Kings confirming their Charter of Liberties : wherein it is strange to observe upon what different grounds the King and the Lords went : It seemes the King thought , that to confirme that Charter , were to make himselfe to be lesse then a King ; and the Lords thought , that as long as it was denied , they were no better then slaves● and as the King could endure no diminution , so the Lords could endure no slavery ; but the King might keep his owne with sitting still , the Lords could not recover their owne but by motion : and seeing their strength must be in their number , by commotion ; hereupon they confederate together , and of this confedencie , Richard now Earle Marshall , upon the death of his brother William , is chiefe ; who repaire to the King , and boldly shew him his errour , and requires satisfaction . Hereupon the King sends presently over for whole Legions of Poict●uins , and withall summons a Parliament at Oxford , whither the Lords refuse to come after this a Parliament is called at Westminster , whither likewise they refuse to come , unlesse the King would remove the Bishop of Winch●ster , and the Poictouins from the Court ; and more then this , they send him word , that unlesse he did this ; they would expell both himselfe and his evill Counsellours out of the Land , & create a new King. Upon this threatning , Pledges are required of the Nobility for securing of their Allegeance , and Writs a re●ent out to all who hold by knights service , to repaire to the King at Glocester by a certaine day ; which the Earle Marshall and his associates refusing , the King without the ●udgement of hi● Court and their P●●rs , causeth them to be Proclaimed Out-lawes , seiseth upon all their Lands , which he gives to his Poictouins ; and directs out Writs to attach their bodies wheresoever in the kingdome . But now of these confederate Lords , the Bishop of Winchester wonne the Earles of Chester and Lincolne with a thousand Markes ; and the King had so pleased his brother the Earle of Cornwall , that he likewise left them : whereupon they withdrew them into Wales , and confederate with L●●ilin Prince of Wales● whither also came Hubert de Burgh , escaped out of prison , and joynes with them ; taking intermutuall Oaths , that no one without other should make their accord . Hereupon the King goeth himselfe in person into Wales , where not prevailing , he returnes to Glocester , imployes new forces of strangers , but all without successe . At last a Frier is imployed to perswade the Earle Marshall to submit himselfe to the King , but all in vaine ; till at length a traine is laid to draw him over into Ireland , to defend his state there , being seised upon by the King ; where by treachery circumvented he lost his life . Yet the King disavowes the sending of any such Commission into Ireland , protesting he never knew thereof ; and laies the fault upon his Officers : an easie way for Princes , never to be found in any fault . After two yeares affliction , a Parliament is assembled at VVestminster , wherein the Bishops admonish the King by his Fathers example , to be at unity with his people , and to remove from him strangers , and to governe the kingdome by Natives of the Realme ; and by the Lawes : otherwise they would proceed by Ecclesiasticall censure , both against his Counsellours and himselfe . The King seeing no way to subsist but by temporising , consents to call home those Lords out of VVales ; restores them to their places and possessions ; removes all strangers from about him , and cals his new officers to account . Hereupon the Bishop of VVinchester , Peter de Rivalis , and Stephen Seagrave take sanctuary ; but afterward by mediation they obtained with great Fines their Liberty , dearly paying for their two years greatnes . After this a Parliament is againe called , which the King would have to be kept in the Tower , whither the Lords refusing to come , another place of more freedome is appointed ; in which Parliament , order is taken for removing all Sheriffes from their places , upon complaint of corruption : and here the King displaceth his Steward , and offers to take from the Bishop of Chichester then Chancellour , the great Seale , which he refuseth to deliver , as having received it by the common councell of the kingdome ; and now Pe●●r de Rivali● , a●d St●phen Seagrave , are received againe into grace : by which may appeare the vici●●itude of fortune in Princes favours . After this , in the one and tw●ntieth year● of ●is Raigne , another Parliament is held at London ; where the King requires the thirteenth part of all the moveables as well of the Clergy as Laity ; which being directly opposed , the King promiseth by oath , never more to injure the Nobility , so they would but relieve him at that present : After foure dayes consultation , ●he King p●omising to use onely the counsell of his naturall Subjects , and protesting against the Revocation lately propounded● and freely granting the inviolable obse●vation of their Liberties , under paine of Excommunication , a Subsidy is granted him ; bu● so , that foure knights be appointed in every Shi●e to receive and deliver the same , 〈◊〉 to some Abbey or Castle , where it may be saf●ly kep● , that if the King ●aile in p●rformance of his Grants , it may be restored to the Coun●rey from whence it was collected : And now the King , to make a shew of true reconciliation for his part , suddenly causeth the Earles , VVarren and 〈◊〉 , with Iohn Pits Geoffrey to be sw●rn his Counsellours , yet was neither of the points either for removing of strangers , or for disposing the money observed afterward by the King● for the money he made bold to take at his pleasure ; and for strangers , they were so farre from removing , that they were drawne nearer to him : for now VVilliam Valentine ; Unkle to the Queen , is growne the most inward man with him , and nothing done but by his counsell ; also the Earle of Province , the young Queenes Father , a poore Prince , hath a good share of the money that was collected : and Simon de Montford , a French man borne , is entertained by the King , and preferred s●cretly in marriage to Eleanor the Kings sister , Widow of VVilliam Earle of Pembroke , the great Marshall , and is made Earle of Leycester , by right of his Mother Avice , daughter of Blanchman , Earle of Leycester : which courses so incense the Nobility , that it put them out into a new commotion ; and Richard the Kings brother becomes one of the party whom the other Lords make their spokesman to the King , to aggravate his breach of promise , and to acquaint him with all the disorders of the kingdome ; with whose remonstrance the King is so moved , that after he had tried the Londoners , and found them also to partake with the Lords , he cals a Parliament a● London , whither the Lords come armed for their own safety : where after long debating , the King taking his Oath to referre the matter to certaine grave men of the kingdome ; Article● are drawne , sealed , and publikely set up to the view of all , with the seales of the Legat , and divers great men : but before it came to be effected , the Earle of Cornwall , by the working of Simon Montford , hath his edge rebated , and is brought to be unwilling to meddle in the matter any more ; which the other Lords seeing , they also grow cold , and so for that time it rested , and no more was done in it . And now is the Kings turne to play his part , in using his authority , which he failes not to doe to the uttermost : for upon a small-occasion he causeth the gates of Gilbert now Earle of Pembroke ( the third sonne of VVilliam the great Marshall ) to be shut against him at VVinchester , whereupon the Earle retires into the North. Also Simon Norman , Master of the Kings Seale , and his greatest Favorite , is thrown out with disgrace , and his brother Geoffrey a knight Templar , is put out of the Counsell ; both of them for not yeelding to passe a Grant from the King , made unto Thomas Earle of Flanders , the Queenes Unkle , of foure pence upon every sack of Wooll . And now that load enough is laid upon those of the Laity , comes a new load to be laid upon the Clergy ; for the Pope nothing dainty to make use of the power he had in the King , sends over three hundred Romans , requi●ing to have the first Benefices that should be vacant , bestowed upon them : which seemed so unreasonable a request , and to the Clergy of England so dammageable , that it made Edmund Arch-bishop of Canterbury to give over all , and betake himselfe to a voluntary Exile in the Abbey of Pontiniac in France ; yet to shew his respect to the Pope , gave him e●ght hundred Markes before his departure . And to lay more weight upon the Clergy , great summes are also required of them for maintenance of the Popes warre against the Emperour : which though the Clergy opposed , and shewed many good reasons of their opposition both to the King and the Legat , yet by promises or threatnings , they were won or forced to yeeld unto it . And now comes the Earle of March , and once againe solicits the King to make another journey into France , which being yeelded to by the King , and assented to in Parliament , an aide presently was demanded towards it : but this demand was not onely opposed , but all the Kings Taxations and aides before granted , were now repeated ; and thereupon an absolute deniall to grant any more . Upon this , the King comes to the Parliament himselfe in person ; earnestly , and indeed , humbly craving their aide for this once : but all prevailed not , they had made a vow to the contrary : and the King is driven to get what he could of particular men , of whom partly by gift , and partly by ●oane , he gets so much , that he carries over with him thirty Barrels of Sterling money . This expedition had no better successe then the former , for after a whole yeares stay , the King was driven to make a dishonourable Truce with the King of France , and returne home . At his returne he puts the Iewes to another redemption , and the Londoners to another exaction ; and to helpe on his charge , his wives mother , the Countesse of Provence comes now to visit him ; who bringing her daughter Zanchia with her , a marriage is solemnised betweene her and Richard Earle of Cornwall , whose wife was lately dead , and he returned from the Holy warres . The old Countesse at her returne , is presented with many rich gifts , having besides received an Annuall Pension of foure thousand Markes out of England , for five yeares past ; in consideration of a pact made , that King Henry after her decease should have the Earledome of Provence : but shortly after her returne , she disappoints him of that , and bestowes it upon her youngest daugh●er Beatrix , married to Charles the French Kings brother ; who was after King of Naples and Sicilie● so as this Countesse lived to see all her foure daughters Queenes : Richard Earle of Cornwall comming after to be elected King of the Romans . Upon th●se profusions , a consultation is had for new supplies , and no way thought so fit as by Parliament ; hereupon a Parliament is againe assembled at Westminster , whith●r the King comes againe himselfe in person , urging his necessities , yet nothing wou●d be granted without the assurance of reformation and due execution of the Lawes . And here they desire to have it ordained that foure of the most grave and discreet Peeres should be chosen as conservatours of the kingdome , and sworne of the Kings Councell , both to see Justice administred , and the treasure issued ; and these , or two of them at least , should ever attend about the King. Also that the Lord Chiefe Justiciar , and the Lord Chancellour , should be chosen by the generall voyces of the States assembled , or else be one of the number of those foure . Besides they propound , that there might be two Justices of the Benches , two Barons of the Exchequer , and o●e Justice for the Iewes , and those likewise to be chosen by Parliament . But while these things were in debating , comes one Martin , a new Legat from the Pope , with a larger Commission then ever any before , to exact upon the State ; but at the same time , Letters comming from the Emperour Fredericke , to intreat that the Pope might have no more supplies out of England ; the Popes Mandate is rejected , and his Agent Martin disgracefully sent home . This businesse took up so much time , that nothing else was done in this Parliament ; but onely an aide granted to the King for the marriage of his daughter to Alexander King of Scots , twenty shillings of every knights Fee ; and that with much adoe , and repetition of his former aides . The Winter following he assembles another Parliament , wherein he moves for an ayde upon a designe he had upon Wales , and to pay his debts , which were urged to be so great that he could not app●are out of his Chamber for the infinite clamour of such , to whom he owed for his Wine , Waxe , and other necessaries of house : but they all to his face , refused to grant him any thing : whereupon other violent courses are taken , an ancient quarrell is found out against the City of London , for which they are commanded to pay fifteene thousand Markes , and Passeleve the Clerk is imployed , with others , in a most peremptory commission , to inquire of all such Lands as had beene inforested , and either to fine the occupyers thereof at their pleasure , or else to take it from them and sell the same to others ; wherein such rigour was used , that multitudes of people were undone . But now to shew the King the estate of his kingdome , and the oppressions of Popes , inquiry was made of the Revenues which the Romans and Italians had in England : which were found to be annually sixty thousand Markes ; being more then the yearely Revenues of the Crowne : which so moved the King that he caused the same to be notifyed , with all other Exactions , to the Generall Councell now Assembled at Lyons ; and this ( with the ill usage of his Agent Martin ) so vexed the Pope , that he is said to have uttered these words : It is time to make an end with the Emperour , that we may crush these petty Kings , for the Dragon once appeased or destroyed , these lesser Snakes will soone be trodden downe . But upon the Popes rejecting the consideration of these grievances of England , and despi●ing the Kings message ( who he said , began to Frederize ) it was absolutely here ordained , under great penalty , that no contribution of money should be given to the Pope by any Subject of England : and the King for a time assents unto it , but being of an irresolute and wavering nature , and afraid of threats , he soone gave over what he undertooke , so as the Pope continued his former rapine ; and though he had promised never to send any more Legats into England , ye● sent he other Ministers under the title of Clerkes , that had as great power as Legats , and effected as much . And now , for the other part of the State , new occasions also of complaint were offered : Peter of Savoy Earle of Richmond , comes into England , bringing with him certain Maides to be marryed to young Noble men of this Countrey , the Kings Wards , of whom Edmund Earle of Lincolne hath one , and Richard de Burgh another , and the same yeare three of the Kings Brothers by the Mother , Guy de Lusignan , William de Valence , and Athelmar Clerke , are sent over to be provided of Estates in England : also Thomas of Savoy ( sometimes Earle of Flanders by Right of his Wife ) comes with his sister Beatrix , Countesse of Provence the Queenes Mother , who are againe Feasted and Gifted ; for which the King is taxed the next Parliament in Candlemas Terme , and besides sharply reprehended for his breach of Promise , having Vowed and Declared by his Charter never more to injure the State in that kinde ; also for his violent taking up of provision , of Waxe , Silke , Roabes , and specially of Wine , contrary to the will of the sellers , and many other grievances they complaine of ; all which the King patiently heares , in hope to obtaine his desire , but yet nothing is effected , and the Parliament being Prorogued till Midsummer following , and the King growing more obdurate then before , it afterward brake up in discontent . But the Parliament not supplying him , he is advised to furnish his wants with sale of his Plate , and Jewels of the Crowne , being told , that though they were sold , yet they would revert againe unto him ; and having with great losse received money for them , he askes who had bought them : Answer is made , the City of London . That City ( said he ) is an inexhaustible Gulph : If Octavius Treasure were to be sold , they surely would buy it . And now to vexe them , he appoints a Faire to be kept at Westminster , forbidding under great penalty , all exercise of Merchandise within London , for fifteene dayes , and all other Fayres in England , and namely that of Ely : but this Novelty came to nothing ; the Inconvenience of the place , as it was then , and the foulenesse of the weather , brought more affliction then benefit to the Traders . That Christmas also he requires Newyeares gifts of the Londoners , and shortly after writes unto them his Letters imperiously deprecatory to ayde him with money , and thereby gets of them twenty thousand pounds , for which the next yeare after he craves pardon of them . And notwithstanding his continuall taking up all Provisions for his House , yet he lessens his House-keeping in no honourable manner . And then seeing he could get nothing of the States together , he calls unto him , or writes to every Nobleman apart , declaring his poverty ; and how he was bound by Charter in a debt of thirty thousand pound to those of Burdeaux and his Gascoynes , ( who otherwise would not have suffered him to depart home ) at his last being in France : but fa●ling herein of Temporall Lords , he addresseth his Letters to the Prelates , of whom he findes as little reliefe ; by much importunity and his owne presence , he got of the Abbot of Ramsey a hundred pound , but the Abbot of Borough had the face to deny him , though the King told him , it was more Almes to give money to him , then to a Begger that went from doore to doore . The Abbot of Saint Albons yet was more kind , and gave him threescore Markes . To such lownesse did the necessity of this indigent King ( through his profusion ) bring him . The Iewes ever exposed to his will , feele the weight of these his wants ; One Abraham , found a Delinquent , redeemes himselfe for seven hundred Markes , and Aaron another Iew protests , the King had since his last being in France taken from him at times thirty thousand Markes of Silver , besides 200. Markes of Gold given to the Queene . But now the Lords assemble againe at London , and presse him with his promise made unto them , that the Chiefe Justiciar , Chancellour and Treasurer , should be appointed by the Generall Councell of the kingdome , but by the absence of Richard Earle of Cornwall , ( which was thought to be done of purpose ) they returne frustrate of their desire . And now the Bishopricke of Winchester falling void , the King sends presently to the Monkes of the Cathedrall Church ; to Elect his Brother Athelmar ; and because he would not be denyed , he goes thither himselfe in person , and there enters the Chapter house as a Bishop or Prior , gets up into the Presidents Chaire , beginnes a Sermon , and takes his Text , Iustice and Peace have kissed each other ; and thereupon useth these words : To me and other Kings who are to governe the people , belongs the rigour of Judgement and Justice ; to you who are men of quiet and Religion , Peace and Tranquillity ; and this day I heare you have ( for your owne good ) beene favourable to my request ; with many such like words : whereby the Monkes finding the earnestnesse of his desire , held it in vaine to deny him , and Athelmar is Elected ; but with this reservation , if the Pope allow it . Shortly after followes the memorable Case of Sir Henry de Bathe , a Justiciar of the kingdome , and a speciall Counsellour to the King● who by corruption had attained to a mighty Estate , and is said , in one Circuit to have gotten two hundred pound land per annum ; He is accused by Sir Philip D●rcy of falsehood in the Kings Court ; and the King is so incensed against him , that in the Parliament at this time holden in London , Proclamation is made , that whosoever had any Action or Complaint against Henry de Bathe should come and be heard . One of his fellow Justiciars accused him of acquiting a malefactor for a bribe . The King seeing Henry de Bathes friends to be many and strong● breakes out into rage , protesting , that whosoever would kill Henry de Bathe should be acquited for the deed . But afterward by intercession of the Earle of Cornwall , and the Bishop of London ; the King becomes pacifyed , and Sir Henry is released , paying two thousand Markes ; and after is restored to his former place and favour . The King keeping his Christmas at Yorke , the marriage is solemnized betweene Alexander King of Scots , and Margaret his Daughter : to the Feast of which solemnity it is said the Arch-bi●hop gave sixe hundred fat Oxen , which were all spent at one meale : and besides , the Feast cost him foure thousand Markes . About this time , the Pope solicits King Henry to undertake the Crosse , and so doth Alphonsus King of Castile , offering to accompany him in person , to rescue the King of France , who was now held Prisoner by the Souldan . And because a ransome collected for him in France was by tempest cast away at Sea , the Captive King offers to restore Normandy to the King of England , so he would come to his rescue . Upon this solicitation of the Pope , and the grant of a tenth of the Clergy and Laity for three yeares to come ; the King undertakes the Crosse , rather , it seemes , to get the money , then with any purpose to performe the Journey : which had it beene collected ( saith Paris ) would have amounted to six hundred thousand pounds , to the utter impoverishing of the kingdome . And now the King by Proclamation cals the Londoners to Westminster , and there causeth the Bishops of Worcester and Chichester to declare his Intentions , and to exhort the people to undertake the Crosse and attend him : but few are moved by their perswasions , onely three knights of small note , whom thereupon the King in open view , imbraceth , kisseth , and cals his Brethren ; checking the Londoners as ignoble Mercenaries : and there himselfe takes his Oath for performing it , and to set forth upon Midsummer day next . In taking his Oath , he layes his right hand on his Breast , according to the manner of a Priest ; and after on the Booke , and kist it as a Layman . About this Tenth ( granted by the Pope , but not by the People ) a Parliament is called at London , where the Bishops are first dealt withall , ( as being a worke of Piety ) and they absolutely refuse it ; then the Temporall Lords are set upon , and they answer as the Bishops : which put the King into so great a rage , that he drove out all that were in his Chamber , as he had beene madde . Then he ●als to perswade them apart , sending first for the Bishop of Ely , and deales with him in all kind manner , recounting the many favours he had done him . The Bishop replies , Disswading him from the Journey by the Example of the King of France ; and to that purpose useth many good reasons ; which the King hearing , in great passion commanded his servants to thrust him out of doore , perceiving by this what was to be expected of the rest ; and thereupon fals upon his former violent courses ; and first the City of London is compelled to the Contribution of a thousand Markes : and the Gascoyners being upon revolt , unlesse speedy succour be sent them ; generall Musters are made , and commandement given , that whosoever could dispend thirteene pounds per annum , should furnish out a Horseman . This occasions another Parliament , wherein it seemes , the State beganne wisely to consider that all their oppositions did no good , the Kings turne must be served one way or other ; therefore they agreed to relieve him rather by the usuall way , then force him to those extravagant courses which he tooke ; but yet so , as the Reformation of the Government , and the ratification of their Lawes and Liberties , might once againe be solemnely confirmed . And after fifteene dayes consultation , to satisfie the Kings desire for his holy Expedition , a Tenth is granted by the Clergy , and Scutage , three Markes of every knights Fee by the Laity ; and thereupon those often confirmed Charters are againe ratifyed , and that in the most solemne and Ceremoniall manner , that State and Religion could possibly devise . The King with all the Great Nobility of England , all the Bishops in their reverent Ornaments with burning Candles in their hands , assemble to heare the terrible sentence of Excommunication against the infringers of the same . And at the lighting of those Candles the King having received one in his hand , gives it to a Prelate that stood by , saying : It becomes not me , being no Priest , to hold this Candle , my heart shall be a greater Testimony ; and withall laid his hand spread upon his Breast all the time the sentence was read ; which was thus Pronounced , Authoritate Dei Omnipotentis , &c. Which done , he caused the Charter of King Iohn his Father , granted by his free consent , to be openly read . In the end , having throwne away their Candles , which lay smoaking on the ground , they cryed out , So let them who incurre this sentence be extinct , and have no better savour then these snuffes : and the King with a loud voyce said , As God helpe me , I will , as I am a Man , a Christian , a Knight , a King Crowned and annoynted , inviolably observe all these things : and therewithall the Bels rung out , and the people shouted for Joy. Yet was not all so quieted by this Grant , but that there were grievances still , whereof the first fals upon his Brother Richard Earle of Cornwall : for the King having seven and twenty yeares before given him the Province of G●scogne , now that he had a Sonne of his owne , he would take it from his Brother , and give it to his Sonne ; and the Earle refusing to deliver his Charter , it is plotted to imprison him , but he escaping out of Burdeaux , comes over into England . The King to win the Nobility of Gascogne to turne to him , promiseth them thirty thousand Markes , which they accept , so as he binde himself● by his Oath and Charter to performe it . This strictnesse of theirs the King takes in ill part , and thereupon sends Sim●● Montford Earle of Leycester , a sterne man , to be their Governour , who with his insolent Government , so discontents them , that after three yeares suffering , they send the Arch-bishop of Burdeaux , with other great men , to complaine of his Insolencies ; whereupon Montford is sent for , and because the Lords tooke part with him , the King takes part with the Gascoyners ; which Montford tooke so ill , that he upbraides the King with breaking his Promise : to whom the King in great rage replyed , that no promise was to be kept with an unworthy Traytor : at which word Montford riseth up , protesting that he lyed ; and were he not Protected by his Royall Dignity , he would make him repent those words . The King commands his Servants to lay hold on bim , but the Lords would not permit it . Yet after this great affront to the King , is Montford sent over againe into Gascogne , though with a more limited Authority , and shortly after the King with a Fleete of three hundred Ships goes thither himselfe , and soone composeth all differences in the Country . But now the King of Spaine pretends a title to Aquitaine , and to take him off , King Henry sends to treate of a marriage betweene Prince Edward and his Sister Eleanor , which being accepted by the King of Spaine , the Marriage is solemnized at Burgos , where the King of Spaine knights the Prince , and quits his claime to Aquitaine for him and his Successours for ever : and King Henry invests the Prince and his Wife in it , and gives unto him besides , Ireland , Wales , Bristow , Stamford , and Grantham ; and from hence it came that ever after this , the Kings eldest Sonne was immediately upon his Birth Prince of Wales , and Earle of Chester . After this King Henry prepares to returne home , and well he might , having spent in this and his former Journeyes into those parts , the summe of seven and twenty hundred thousand pounds : More then all the Lands if they had beene sold were worth ; which when the King was told , he desired there might be no words made of it for his credite . And now being to returne , he is desirous with the King of Frances leave , to passe thorow France ; and comming to Paris with a thousand Horse , where he stayed eight dayes , is there most Royally Feasted by the King of France ; and he as royally Feasts the King of France againe . But it is the Londoners and the Iewes that are like to pay for all . For comming home about Christmas , when the Londoners presented him with a hundred pounds in money , and afterwards with two hundred pounds in Plate : it was so sleighted , and so ill taken , that a hole was presently found in their coate , for an escape of a Prisoner , which cost them three thousand Markes : Yet was not this enough , but he takes good Fleeces from the Iews , and then lets them out to Farme to his Brother Richard , for a great summe of money , and he to make what more of them he could . Yet after all this he complaines of his Debts , which he saith are at least three hundred thousand Markes , which must needes be the heavyer to him , because he had diminished his own● meanes , by the allowance of fifteene thousand Markes per annum to his Sonne the Prince . The onely hope is in the Parliament , but a Parliament being called , they fall presently upon their old Grievances , complaining upon the King for breach of Charters , and renuing their Claime , to have the Chiefe Justiciar , the Chancellour and Treasurer , to be chosen by themselves : so nothing was done for the King at this time , and the Parliament being prorogued till Michaelmas after , as little then , by reason many of the Peeres came not , as not being summoned according to the tenour of Magna Charta . And now while the King was using meanes to winde himselfe out of Debt , there happened occasions to put him further in ; For now Thomas Earle of Savoy , the Queenes Brother , being at warre with the City of Thuryn , must be supplyed with money towards it by the King of England : Now the Elect Bishop of Toledo the King of Spaines Brother , comes into England , and must be sumptuously Feasted , and have great gifts presented him : Now Eleanor the Princes Wife , arrives with a multitude of Spaniards , and must all be entertained at the Kings charge , and have no small presents given them at their departure : Now comes Rustandus from the Pope , with power to Collect the Tenth of the Clergy , for the Popes use and the Kings , and to absolve him from his Oath of the Holy warre , so he would come to destroy Manfred Sonne to the Emperour Fredericke , now in possession of the kingdome of Sicilie , and Apulia . And this man likewise hath great gifts bestowed upon him , besides a rich Prebend in Yorke . But the Pope by too much seeking his profit , loseth credit and all , for the Clergy sleights him , and will give him nothing : and when he would have borrowed of the Earle of Cornwall five hundred Markes , the Earle answered , he liked not to lend his money to one , upon whom he could not Distraine . But King Henries greatest charge , was his purchasing a kingdome for his Sonne Edmund ; for now comes the Bishop of B●nonia from the Pope , with a Ring of Investiture to Prince Edmund , in the kingdome of Sicilie , which he pretends to be at his disposing ; and King Henry takes it in so good earnest , that after this he cals his Sonne Edmund by no other name then King of Sicilie . But all this was done by the Pope , but to angle away King Henries money , as indeed upon this hope , he had drawne the King into the engagement of a hundred and fifty thousand Markes ; for to draw the King on , it was given out that the Pope had dele●ted all Manfreds Forces , and was thereby in possession of the kingdome , when the truth was , that Manfred had defeated the Popes Forces , and was thereby himselfe established in the kingdome . The yeare 1275. the King keepes his Christmas at Winchester , where new Grievances arise . The Merchants of Gascogny , having their Wines taken from them by the Kings Officers without satisfaction ; complaine to their Lord the Prince , he to his Father , and his Father having beene informed before-hand by his Officers , that their clamour was unjust , as relying upon the Princes favour ; he falls into a great rage with the Prince , and breakes out into these words : See! now my Blood and my owne Bowels impugne me : but afterwards pacified , he gives order the injuries should be redressed . And now the Princes Followers themselves come to be a Grievance , who relying upon their Master commit many outrages , and spoyle and wrong men at their pleasure , and the Prince himselfe is not altogether free , of whom it is said , that meeting a young man travailing by the way , he caused one of his eares to be cut off , and one of his eyes to be put out : and many such prankes plaid by him and his Followers in Wales , made the Welsh breake out into open Rebellion , which the Prince would faine have suppressed , but there was no money to be had towards the doing it . And now the King fals to shifts , he comes into the Chequer himselfe , and there layes penalties upon Sheriffes , that returne not their moneys in due time ; then he fals upon measures of Wine and Ale , upon Bushels and Weights , and something he gets ; but London is his best Cheq●er , and every yeare commonly he hath one quarrell or other to the Londoners , and they are sure to pay . And now fals out an accident , seeming of great honour , but certainely of no profit to the kingdome . Richard Earle of Cornwall the Kings Brother is Elected King of the Romans , for although Alphonsus King of Spaine the great Mathematician were his Competitour , yet Earle Richards money wrought more then his Learning , and the Arch-bishop of C●llen comes over to fetch him , and Crowned he is at Aquisgrane . This Earle of Cornwall is reported able to dispend a hundred Markes a day , ●or ten yeares , besides his Revenues in England . But now , as a man that payes deare for an Office , lookes that his Office should pay him againe : So Earle Richard having given infinitely to compasse this Advancement , looked to helpe himselfe againe by the Place ; and this , and the desire he had to revenge himselfe upon those tha● had opposed his Election● made him take such violent courses that he came soone to be dispossessed , forsaken , and forced to returne into England a poorer King , then he went out an Earle . Acts done in the c●ntention betweene the King and his Barons . NOw King Henry very proud to have his younger sonne a King as well as his brother , cals a Parliament , wherein he brings forth his sonne Edmund , clad in Sicilian habit , and ●els the Parli●ment , that for advancing this sonne of his to the kingdome of Sicilie , he had bound himselfe under covenant of losing his kingdome in the summe of an hundred and forty thousand Markes , and hoped they would not thinke much to aide him with money for so great an advancement : but the Parliament stood firme to their usuall condition of Margna Charta ; so as that might be confirmed , they were content to give two and fifty thousand Marks , but this gave the King no satisfaction . The yeare after , another Parliament is holden at London , wherein upon the Kings pressing them againe for meanes to pay his debts to the Pope ; the Lords tell him plainely , they will not yeeld to give him any thing for any such purpose ; and give their reasons , and withall repeate their owne grievances , his breach of promise , the insolencie of his brothers , and specially William de Valence , who had given the lie to the Earle of Leycester , and no right done him in it ; and many such things , which the King hearing , and not able to deny , humbles himselfe , and tels them how he had often by ill counsell beene seduced ; but promiseth by his Oath which he tooke on the Tombe of Saint Edward , to reforme all those errours . But the Lords not well knowing how to deale in this businesse , as being divided betweene a desire to satisfie the King , and a desire to be satisfied themselves ; and knowing withall the variablenesse of the Kings nature , they get the Parliament to be adjourned to Saint Barnabies day , and then to assemble at Oxford . In which meane time , the Earles Glocester , Leycester , Hereford , the Earle Marshall Bigod , Spenser , and other great men confederate , and provide by Armes to effect their desire : and here is the foundation laid of those bloudy wars that ensued betweene King Henry and his Barons . And now the King being put to his shifts for money , gets the Abbot of Westminster to put his Seale and that of his Covent to a Deed Obligatory , as a surety for two hundred Markes ; making account , that by his example , others would be drawne to doe the like : but his trusty servant Simon Passeleve being imployed to other Monasteries , and telling them amongst other reasons to perswade them , that the King was Lord of all they had , they onely answered ; they acknowledged indeed the King to be Lord of all they had , but yet so , as to defend , not to destroy the same : and this was all he could get of them . The Prince also in no lesse want then his Father , is driven to morgage his Towne of Stamford , Brahan , and many other things , to William de Valence , a Poictouin , wherby appeared the disorder of the time , when the Prince was in want , and strangers had such plenty . And now is the Parliament assembled at Oxford , whither the Lords come attended with large traines : and here they beginne with the expostulation of the former Liberties , requiring that the Chiefe Justiciar , the Chancellour and Treasurer may be ordained by publike choyce ; and that the twenty foure Conserva●ours of the kingdome may be confirmed , twelve by the election of the Lords , and twelve by the King , with whatsoever else made for their imagined security . The King seeing their strength , and in what manner they required these things ; sweares solemnly againe to the confirmation of them , and causeth the Prince to take the same Oath . But the Lords left not here , the Kings brethren , the Poictouins , and other strangers must presently be removed ; and this also , though with some little opposition , was at last concluded : and thereupon the Kings brethren and their followers are despoyled of all their fortunes , and ●xiled by proscription under the Kings owne hand , directed to the Earles of Hereford and Surrey . But now sicknesse and mortality happening to many great ones , it is imputed to poysons , supposed to have beene prepared by those strangers proscribed ; the Earle of Glocester in a sicknesse , suddenly lost his haire , his teeth , his nailes ; and his brother hardly escaped death : which made many to suspect their nearest servants , and their Cookes : Walter Scoynie the Earle Steward , is strictly examined , committed to prison , and afterward without confession , is upon presumptions onely executed at Winchester : Elias a converted Iew , is said to have confessed , that in his house the poyson was confected ; but it was when he was a Iew , and not a Christian. Every man that had received any wrong by those strangers , now put up their complaints , and are heard . Guydo de ●●chfort a Poictouin , to whom the King had given the Castle of Rochester , is banished , and all his goods confiscate . William Bussey , Steward to William de Valence , is committed to the Tower of London , and most reproachfully used . Richard Gray , whom the Lords had made Captaine of Dover Castle , is set to intercept whatsoever the Poictouins convaied that way out of England ; and much treasure of theirs , and of the elect of Winchester is by him taken , besides great summes committed to the new Temple are found out , and seised for the King. And now the new Chiefe Justiciar Hugh Bigod , brother to the Earle Marshall , ( chosen this last Parliament by publike voyce ) procures that foure knights in every Shire should inquire of the oppressions of the poore , done by great men ; and certifie the same , that redresse might be made . Also order was taken against corrupting of justice ; when yet notwithstanding this pretended care of the publike , it is noted by the Writers and Records of that time , how the Lords were themselves but as ●otidem tyranni , enforcing the services of the Kings tenants that dwelt neare them . But to make their cause the more popular , it was rumored that the King stood upon it , that his necessity must be supplied out of the estates of his people , whether they would or no : which the King hearing , sends forth Proclamation , declaring how certaine malitious persons had falsely and seditiously reported , that he meant unlawfully to charge his subjects , and subvert the Lawes and Liberties of the kingdome ; and by these false suggestions , averted the hearts of his people from him : and therefore desires them not to give credit to such per●urbers : for that he was ready to defend all Rights and Customes due unto them : and that they might rest of this secured , he caused his Letters to be made Patents . But now Montford Glocester , and Spenser , inforce the King to call a Parliament at London , where they get the authority of the twenty foure to be estated wholly upon themselves , and they alone to dispose of the custody of the Castles , and other businesses of the kingdom : and here they bind the King to lose to them their Legall obedience whensoever he infringed his Charter . At this time intelligence was given to the Lords , that Richard King of the Rom●ns had a purpose to come into England ; and the Lords suspecting he would come with power to aide the King his brother , take order for guarding the Ports , with intent to hinder his landing : but finding his traine to be but small , accompanied onely with his Queene , two German Earles , and eight knights : upon his promise to take their propounded Oath , they admit him to land ; but would nether permit the King ( who came thither to mee●e him ) nor himselfe to enter into Dover Castle . At Canterbury they bring him into the Chapter house , where the Earle of Glocester standing forth in the midst , cals out the Earle , not by the name of King , but Richard Earle of Cornwall ; who in reverent manner comming forth , taketh his Oath in these words . Heare all men , that I Richard Earle of Cornwall , doe here sweare upon the holy Evangelists , that I shall be faithfull and diligent to reforme with you the Kingdome of England , and ●e an effectuall Coadjutor to expell all Rebels and disturbers of the same ; and this Oath will inviolably observe , under paine of losing all the Land I have in England : so helpe me God. But though this Earle came home but weake and poore , yet upon his returne the King takes heart , and seeks all meanes to vindicate his power : and first sends messengers secretly to Rome , to be Absolved from his enforced Oath ; and to have the more assurance from the King of France , he makes an absolute resignation of all his Right to the Dutchy of Normandy , and the Earledomes of Anjou , Poictou , Tourene , and Maine : in regard whereof , the King of France gives him three hundred thousand pounds ( some say Crownes ) o● Anjouin money ; and gran●s him to enjoy all Guyen , beyond the River Garo●ne , all the Countrey of Xan●oigne to the River of Charente , the Countrey of Limousin and Quercy , for him and his successo●rs , doing their homage to the Crowne of France , as Duke of Aquit●i●e . And now was the King of France made Arbiter of the difference betweene King Henry and his Barons , who gives sentence against the Barons concerning the Provisions at Oxford ; but of their side concerning King Iohns Charter : by which nice distin●tion , though he did but leave the matter as he found it : ( for those Provisions , as the Lords pretended , were grounded upon that Charter ) yet did his sentence draw many away from the party of the Barons , amongst whom was Henry sonne to the Earle of Cornwall , Roger Clifford , Roger de Leisbourne , Haimo Lestrange , and many others . But the Earle of Leycester , notwithstanding this revolt , recovers the Town and Castle of Glocester ; constraines the Citizens to pay a thousand pounds for their redemption ; goes with an Army to Worcester , possesseth him of the Castle , thence to Shrewsbery , and so comes about to the I le of Ely , subdues the same , and growes exceeding powerfull . The King doubting his approach to London , fals to treat of a Peace , and a Peace is concluded upon these conditions ; that all the Castles of the King should be delivered to the keeping of the Barons ; the Provisions of Oxford should inviolably be kept ; all strangers by a certaine time should avoid the kingdome , except onely such as were licensed to stay . The Prince had fortified Windsor Castle ; but Leycester comming to besiege it , he treats with him for Peace , which is refused , and the Castle is rendred to him . The King at this time , to win time , convokes another Parliament at London , wherin he won many Lords to take his part ; as namely the Prince Richard his brother , Henry his son , William Valence , with the rest of his brothers lately returned , and with them the King marcheth to Oxford , whither divers Lords of Scotland repaire to him ; as Iohn Commin , Iohn Baylioll , Lords of Galloway , Robert Bruce , and others : also many Barons of the North ; Glifford , Percey , Basset , and others . From Oxford he goes to Northampton , where he tooke prisoners , Simon Montford the younger , with foureteene other principall men ; thence to Nottingham , making spoyles of such possessions as pertained to the Barons in those parts . And now the Kings side growes strong , which the Earles of Leycester and Glocester seeing , they write to the King , protesting their loyalty , and how they opposed onely such as were enemies to him and the kingdome , and had belied them . The King returnes answer , that themselves were the perturbers of him and his State , and sought his and the kingdomes destruction ; and therefore defies them . The Prince likewise and the Earle of Cornwall send letters of defiance to them . Yet the Barons continue to mediate a Peace , and send the Bishops of London and Worcester , with offer of thirty thousand Markes to the King , for the dammages done in these warres , so as the Statutes of Oxford may be observed ; but this offer is not accepted . The Earle seeing no remedy , but it must be put to a day ; takes his time to be earlier ready then was expected , and supplies his want of strength with policie , placing on the one side of a hill neare Lewis , where the battell was fought , certaine Ensignes without men , in such sort , as they might seeme a farre off , to be Squadrons of succours to second those he brought to the encounter , whom he caused all to weare white Crosses , both for their owne notice , and the signification of his cause , which he would have to be thought for justice . Here the fortune of the day was his , the King , the Prince , the Earle of Cornwall , and his sonne Henry , the Earles of Arundell and Hereford , with all the Scottish Lords , are taken prisoners ; the Eale Warren , William de Valence , Guy de Lusignan , the Kings brothers , with Hugh Bigod Earle Marshall , save themselves by flight : five thousand ( some say twenty thousand ) others are slaine in the battell . A yeare and a halfe is Simon Montford in possession of his prisoners , carrying the King about with him to countenance his actions , till he had gotten all the strongest Castles in the kingdome . And now comes Erinnys and sets debabte betweene the two great Earles of Leycester and Glocester , about their Dividend : Leycester is taxed to doe more for his owne particular then the common good ; his sonnes also presuming upon his greatnesse , grew insolent : whereupon Glocester discontented , forsakes that side , and betakes him to the Prince ; who lately escaping out of the Castle of Hereford , had gotten a power about him to try the fortune of another battell . The revolt of this Earle being great in it selfe , was greater by its example ; for now many others revolted likewise : and the Earle of Leycester seeing the improvement of the Princes forces , who was now with his Army about Worcester , though he ●aw his owne disadvantage , yet imbattels in a Plaine neare Ev●sham to encounter him , and noting the manner of the approach of the Princes Army , said ●o those about him ; These men come bravely on , they learne it not of themselves , but of me ; and seeing himselfe likely to be be●et , and overlaid with multitude , he advised his friends , Hugh Spenser , Ralph Basset , and others , to shift for themselves ; which when they refused to doe , then ( saith he ) let us commend our soules to God , for our bodies are theirs : and so undertaking the maine weight of the battell , perished under it● and with him are slaine , his sonne Henry , eleven Barons , with many thousands of common Souldiers . And thus ended Montford the great Earle of Leycester , highly honoured in his life , and more highly should have beene after his death , if the people might have had their will , who talkt of Miracles enough to have made him a Saint . And now is King Henry by this victory of his sonne , at liberty ; who together repaire to Winchester , where a Parliament is convoked , and all who adhered to the Earle Montford are disinherited , and their estates conferred on others , at the Kings pleasure ; the Londoners also have their Liberties taken from them . But though the death of Montford gave a great wound to the party of the Barons , yet it was not mortall , at least not mortal presently , for there remained reliques that kept it alive a good while after . Simon and Guy de Montford , sons of the Earle of Leycester , and other of the Barons , take and defend the I le of Ely : the Castle of Killingworth held out halfe a yeare , till their victuals failed ; and then yeelded upon conditions to have their lives and goods saved : and many others there were , resolute and desperate persons , strongly knit and fastned together , though now shortly upon dissolving . For after the Parliament at Westminster , the King with an Army going against them , and being at Northampton , Simon and Guy de Montford submit themselves to him : but when the Earle of Glocester opposed the restoring them to their estates , they were faine to flie the kingdome , and make their fortunes in other Countries , as indeed they did ; the younger in Italy , the elder in France , where they were Propatours of two great Families . Their mother was banisht shortly after the battell of Evesham , a Lady of eminent note , as being the daughter and sister of a King ; and yet of more note for her patient bearing of adversity , or rather for her making a benefit of adversity ; for by this meanes she betooke her selfe to the veile of piety , and died a Nunne at Montarges in France . Three yeares after this , the disinherited Barons held out , till at length , conditions of render are propounded ; but here the Councell are divided in opinion : Mortimer and others stated in the possessions of the disinherited , are against restoration ; alleadging , it were injustice to take from them the rewards of their service . Glocester , and the twelve ordained to deale for the peace of the State , are earnest for restoration ; alleadging , it were hard measure to grant them their lives , & not their livelihoods : but not prevailing , in great discontentment Glocester retires from Court , sends messengers to warne the King to remove strangers from his counsell ; and observe the Provisions at Oxford , as he promised at Evesham : otherwise that he should not marvell if himselfe did what he thought fit . Hereupon Iohn de Warren , Earle of Surrey , and William de Valentia are sent to the Earle of Glocester : who though they could not perswade him to submit to the King ; yet thus much they got of him under his hand and seale , that he would never beare Armes against the King or his sonne Edward , but onely defend himselfe , and pursue Roger Mortimer and his other enemies . And now a Parliament is convoked at Bury , wherein many demands are made by the King and the Legat , and all for money from the Clergy ; but all denied , that nothing but denials are done in this Parliament . After this , the Legat imployes Solicitours to perswade the disinherited Lords which held the I le of Ely , to returne to the faith and unity of the Church , and to the peace of the King , according to the forme propounded at Coventry : to which the Lords make answer , that they never opposed the unity of the Church● but the ●varice of Church-men that were put in authority ; and that they never opposed the King , but for the good of the kingdome : and then required that the Provisions of Oxford might be observed , and pledges be given them for their security . Hereupon the yeare after , the King prepares a mighty Army , and Prince Edward with bridges entring the I le of Ely , shuts them up so , that he constraines them at last to yeeld ; also the Earle of Glocester comming to London with an Army , is by the Legat once againe perswaded to render himselfe to the King , and upon forfeiture of twelve thousand Markes if ever he should raise any commotion againe , is reconciled . Now remaines Lewilin and the Welsh , to be chastened for aiding of Simon Montford ; but the King going against them with an Army , they give him two and thirty thousand pounds Sterling , and so make their peace . And here was an end of the first warres betweene the Kings of England and their Barons . The next yeare after the Popes Legat Ottobon signes with the Croysado both the Kings sonnes , Edward and Edmund , the Earle of Glocester , and divers Noble men induced to undertake the Holy warre , by the sollicitation of him and the King of France : who nothwithstanding his former calamities endured in that action , would once again adventure it : and because Prince Edward wanted meanes to furnish himselfe out , the King of France lends him thirty thousand Markes upon a morgage of Gascoyne . And now whilst this preparation is in hand , King Henry labours to establish the peace of the kingdome , and to reforme the excesses which the warre had bred ; and the same yeare assembles his last Parliament at Marleborough , where the Statutes of that title were enacted . Neare two yeeres it seemes to have beene after the undertaking the Crosse before Prince Edward set forth ; but then taking his wife Eleanor with him , though young with childe , he set forward ; and in the voyage , when many of his people seemed desirous to leave him● and returne home , he is said to have strucken his breast , and sworne ; that if all his followers forsooke him , he would yet enter Acon , or Ptolemais ; though but onely with his horse-keeper Fowin . Shortly after Richard King of the Romans died , and the yeare following King Henry . Of his Taxations , and wayes for raising of money . NEver sonne was more like a Father in any thing , then King Henry was like his Father King Iohn , in this point , for raising of money ; for he trode directly in all his steps , if he added not something of his owne . King Iohn had great Subsidies granted him by Parliament , for any great action he undertooke , so had King Henry . King Iohn resumed the lands aliened from the Crowne , so did King Henry . King Iohn made benefit of the vacancie of Bishopricks and Abbeys , so did King Henry . K. Iohn took great Fines of many for crimes not proved , but onely supposed , so did King Henry . King Iohn made benefit of a new Seale , so did King Henry . King Iohn extorted great summes from the Iewes , so did King Henry . And one way more he had to get money , which perhaps his Father had not , and that was by begging , as he told the Abbot of Borough ; It was more Almes to give money to him , then to the Begger that went from doore to doore . Indeed Taxations in this Kings Raigne may be reckoned amongst his Annuall Revenues , for scarce any yeare passed without a Parliament , and seldome any Parliament without a Taxe ; or if any sometimes without , it was then cause of the greater Taxation some other way ; as when he tooke of the Londoners for having aided the Barons , twenty thousand Markes . Of his Lawes and Ordinances . IN this Kings Raigne were ratified and confirmed the two great Charters of Magna Char●a , and Charta de Foresta : also in his time were enacted the Statutes called of Merton , of Oxford , and of Marleborough . Also stealing of cattell , which before was but Pecuniary , he made capitall : and the first that suffered for the same , was one of Dunstable ; who having stollen twelve Oxen from the Inhabitants of Colne , and being pursued to Redburne , was by a Bailiffe of Saint Albons , according to the Kings Proclamation , condemned and beheaded . And it may seeme strange that in these times so much bloud should be shed in the field , and none upon the scaffold ; for till the twenty sixth yeare of this King , that one William Marisc , the sonne of Geoffrey Marisc , a Noble man of Ireland , being condemned for Piracie and Treason , was hanged , beheaded , and quartered ; there is no example of that kinde of punishment to be found in our Histories . Particularly in this Kings Raigne was made that Statute , by which the Ward and marriage of the heires of Barons within age , is given to the King. Also in this Kings Raigne the Pleas of the Crowne were pleaded in the Tower of London . All Weares in the Thames are in this Kings time ordained to be pluck'd up and destroyed . Also the Citizens of London are allowed by Charter , to passe Toll-free through all England , and to have free Warren about London , also to have and use a common Seale . Also it was ordained that no Sheriffe of London should continue in his office longer then one yeare , which they did before for many . In the five and twentieth yeare of this King were Aldermen first chosen within the City of London , which then had the rule of the City , and of the Wards of the same , and were then yearely changed , as now the Sheriffes are . It was in this Kings time allowed to the City of London , to present their Major to the Barons of the Exchequer to be sworne , which before was to be presented to the King , wheresoever he were . In his time the clause No● obstante ( brought in first by the Pope ) was taken up by the King in his grants and writings . Also in this Kings time , William Bishop of Salisbury , first caused that custome to be received for a Law , whereby the Tenants of every Lordship are bound to owe their suite to the Lords Court , of whom they hold their Tenements . Affaires of the Church in his time . AFfaires of the Church for matter of Doctrine , were never more quiet then in this Kings Raigne ; for now all Heresies accounted of the time , especially the Albigenses were in a manner suppressed by the Armes of the King of France , not without the Vote of the King of England , who forbore to make warre upon him in tendernesse to this service ; but for matter of manners , they were never more turbulent : for now Abbeys were fleeced , Sanctuaries violated , Clergy-men outraged , Bishops themselves not spared ; and all for greedinesse of money , or for revenge . Ottobone the Popes Legat here in England , lying at the Abbey of Oseney , there happened a difference betweene his servants and the Schollers of Oxford ; in which contention , a brother of his was slaine , and the● Legat himselfe faine to fly into the Steeple for safegard of his life : whereupon afterward being gotten from thence by the Kings safe conduct , he thundred out curses against the Schollers , and interdicted the University , so as the Colledges grew desolate , and the Students were dispersed abroad into other places , for the space of halfe a yeare : till the Monkes of Oseney , and the Regent Masters of Oxford were faine to goe bare-foote and bare-head through London , as farre as Durham house , where the Legat lay ; and there upon their humble submission , and great mens intercession , they were absolved , and the University restored to its former estate . But of this Ottobone , it may not be impertinent to relate a little further ; that going afterward out of England , he came by degrees , after the death of Innocent the fifth , to be Pope of Rome himselfe , by the name of Adrian the fifth , and died within fifty dayes after his election . Amongst affaires of the Church , may be reckoned the Ulcers of any member of the Church : such a one as in this Kings time brake out most loathsome ; for one procuring five wounds to be made in his body , in resemblance to the five wounds in Christs body , tooke upon him to be Christ , and had gotten a Woman , that tooke upon her to be the Virgin Mary ; who continuing obstinate in their madnesse , were adjudged to be immured and shut up betweene two wals , to the end ( no doubt ) the contagion of their filthinesse should spread no further . In this Kings time , a little novelty was first brought in by Pope Innocent the fourth , who ordained that Cardinals should weare red Hats : something perhaps for mystery , and something for distictnion . Workes of piety done by him , or by others in his time . THis King caused a chest of Gold to be made for laying up the Reliques of King Edward the Confessour , in the Church of Westminster . Hee builded a Church for converted Iewes in London : also an Hospitall at Oxford , for passengers and diseased persons : also the new Coventuall Church and the Chappell of our Lady at Westminster , whereof hee laid himselfe the first stone : also the hou●e of Black-Friers in Canterbury . In his time , Ela Countesse of Salisbury , founded the Abbey of Lacok in Wiltshire ; Richard Earle of Cornwall , founded Hayles a Monastery of Cistersian Monkes neare to Winchcombe in Glocestershire : Reginold de Moun , Earle of Somerset , and Lord of Dunster , founded the Abbey of Newham in Devonshire : Ranulph the third Earle of Chester , and Lord of little Britaine , builded the Castles of Chartley , Bestone , and the Abbey of Dela Cresse : Sir Iohn Mansell the Kings Chaplaine , founded a house of Regular Chanons neare to Rumney in Kent : William de Albineto Earle of Arundell , founded the Priory of Wimondham : William Brunc , a Citizen of London , and Rosia his wife , founded the Hospitall of our Lady without Bishopsgate in London : And Isabel Countesse of Arundell , founded the Nunnery of Marran neare to Linne . Friers Minors first arrived at Dover , nine in number , whereof five remained at Canterbury , and there builded the first Covent of Friers Minors that ever was in England : the other foure came to London , who encreasing in number , had a place assigned them in Saint Nicholas Shambles ; which Iohn Iwyn , Mercer of London , appropriated to the use of the said Friers , and became himselfe a Lay brother . Also in this Kings time the new worke of Saint Pauls Church in London was begunne . If it were piety in the Iew , who falling into a Privie upon a Saterday , would not be taken out that day , because it was the Iewes Sabbath : It was as much piety in the Earle of Glocester , that would not suffer him to be taken out the next day , because it was the Christian Sabbath ; and when the third day he was taken out dead , whose piety was the greater ? A strange accident upon an act of piety , is related in this Kings time ; which if true , is a Miracle , if not true , is yet a Legend , and not unworthy to be read : that in a time of dearth , one man in a certaine Parish , who allowed poore people to relieve themselves with taking Corne upon his ground , had at Harvest a plentifull crop ; where others that denied them , had their Corne all blasted , and nothing worth . In this Kings time also , Hugh Balsamus , Bishop of Ely , founded Saint Peters Colledge in Cambridge . Hubert de Burgh Earle of Kent , was buried in the Church of the Friers Preachers in London , to which Church he gave his Palace at Westminster , which afterward the Arch-bishop of Yorke bought , and made it his Inne ; since commonly called Yorke place , now White-Hall . Casualties happening in his time . AT one time there fell no Raine in England , from the first of March to the Assumption of our Lady ; and at another time there fell so much Raine , that Holland and Holdernes in Lincolneshire were over-flowed and drowned . In the seventeenth yeare of his Raign , were seene five Suns at one time together ; after which followed so great a Dearth , that people were constrained to eate horse flesh , and barkes of Trees : and in London twenty thousand were starved for want of foode . Also in his time the Church of Saint Mildred in Canterbury , and a great part of the City was burnt . Also the Towne of New-Castle upon Tine was burnt , Bridge and all . And though it may seeme no fit place to tell it , yet here or no where it must be told ; that in this Kings time there was sent by the King of France , the first Elephant that ever was seene in England . Of his Wife and Children . HE marryed Eleanor , the second of the five Daughters of Raymond Earle of Provence , who lived his Wife thirty seven yeares , his Widow nineteene , dyed a Nun at Aimesbury , and was buryed in her Monastery . By her , he had sixe Sonnes , and three Daughters : of his Sonnes , the foure youngest dyed young , and were buryed , three of them at Westminster , and the fourth in the New Temple by Fleetstreet . His eldest Sonne Edward , surnamed Longshanke , of his tall and slender body , succeeded him in the kingdome . His second Sonne Edmund , surnamed Crouch-backe , of bowing in his backe , ( as some say ) but more likely of wearing the signe of the Crosse , ( anciently called a Crouch ) upon his backe , which was usually worne of such as had vowed voyages to Hierusalem , as he had done . He was invested Titular King of Sicilie and Apulia , and created Earle of Lancaster ; on whose person originally the great contention of Lancaster and Yorke was Founded . He had two Wives , the first was Avelin . Daughter and Heire of William Earle of Albemarle , by whom he left no issue . The second was Queene Blanch , Daughter of Robert Earle of Artois , ( Brother of Saint Lewis King of France ) Widow of Henry of Champaigne King of Navarre : by her he had issue three Sonnes , and one Daughter . His eldest Sonne Thomas , who after his Father was Earle of Lancaster , and having marryed Alice , Daughter and Heire of Henry Lacie Earle of Lincolne , was beheaded at Pomfret without issue . His second sonne Henry Lord of Monmouth , who after his Brothers death was Earle of Lancaster , and Father of Henry the first Duke of Lancaster : his third Sonne Iohn ; who dyed unmarryed . His Daughter Mary marryed to Henry Lord Percy , Mother of Henry the first Earle of Northumberland . This Edmund dyed at Bay in Gascoyne , in the yeare 1296. when he had lived fifty yeares , whose body halfe a yeare after his death was brought over into England and entombed at Westminster . Of King Henries three Daughter , the eldest Margaret was marryed to Alexander the third , King of Scotland , by whom she had issue , two Sonnes , Alexander and David ; who dyed both before their Father , without issue , and one Daughter Margar●t Queene of Norway , Wife of King Erike , and Mother of Margaret the Heire of Scotland and Norway , that dyed unmarryed . The second Daughter of King Henry was Beatrice , borne at Burdeaux , marryed to Iohn the first Duke of Britaine , and had issue by him , Arthur Duke of Britaine , Iohn Earle of Richmont , Peter ; and Blanch marryed to Philip Sonne of Robert Earle of Artois , Eleanor a Nunne at Aimesbury , and Mary marryed to Guy Earle of S. Paul● she deceased in Britaine , and was buryed at London , in the Quire of the Gray Fryers within Newgate . The third Daughter of King Henry , named Katherine , dyed young , and lies buryed at Westminster , in the space betweene the Chappels of King Edward and Saint Benet . Of his Personage and Conditions . HE was of stature but meane , yet of a well compacted body , and very strong : one of his eyelids hanging downe , and almost covering the blacke of his Eye : For his inward endowments , it may be said , he was wiser for a man , then for a Prince ; for he knew better how to governe his life then his Subjects . He was rather Pious then Devout , as taking more pleasure in hearing Masses then Sermons , as he said to the King of France , He had rather see his Friend once , then heare from him often . His minde seemed not to stand firme upon its Basis , for every sudden accident put him into passion . He was neither constant in his love , nor in his hate ; for he never had so great a Favorite whom he cast not into disgrace , nor so great an Enemy whom he received not into favour . An example of both which qualities was seene in his carriage towards Hubert de Burgh , who was for a time his greatest Favourite , yet cast out afterward in miserable disgrace , and then no man held in greater ha●red , yet received afterward into grace againe . And it is memorable to heare with what crimes this Hubert was charged at his Arraignment ; and ●pecially one : That to disswade a great Lady from marriage with the King , he had said , the King was a squint-eyed Foole , and a kinde of Leper , deceitfull , perju●ed , more faint-hearted then a Woman , and utterly unfit for any Noble Ladies company . For which , and other crimes laid to his charge in the Kings Bench , where the King himselfe was present ; he was adjudged to have his Lands confiscate , and to be deprived of his title of Earle ; yet after all this , was restored to his estate againe , and suffered to live in quiet . He was more desirous of money then of honour , for else he would never have sold his Right to the two great Dukedomes of Normandy and Anjou to the King of France for a Summe of money . Yet he was more desirous of honour then of quietnesse , for else he would never have contended so long with his Barons about their Charter of Liberty , which was upon the matter , but a point of Honour . His most eminent vertue , and that which made him the more eminent , as being rare in Princes , was his Continency ; for there is nothing read , either of any ba●e children he had , or of any Concubine he kept . Of his Death and Buriall . THough he had lived a troublesome life , yet he dyed a quiet death ; for he had ●etled Peace in his kingdome , and in his Conscience . For being at Saint Edmundsbury , and finding himselfe not well at ease , he made the more hast to London ; where calling before him his Lords , and specially Gilbert de Clare , Earle of Glocester ; he exhorted them to be true and faithfull to his Sonne Prince Edward , who was at that time farre from home , and therefore had the more need of their care , which consisted chiefly in their agreement one with another . And then , his sicknesse encreasing , he yeelded up his Soule to God , on the sixteenth day of November , in the yeare 1272. when he had lived threescore and five yeares , Raigned five and fifty , and was buryed at Westminster , which he had newly Builded . Of Men of note in his time . OF Martial men famous in his time there were many , but three specially who obscured the rest : The first was William Marshall Earle of Pembroke , memorable for the great care he had of King Henry in his minority , and more memorable for the little care , that Destiny had of his Posterity ; for leaving five Sonnes behind him , they all lived to be Earles successively , yet all dyed without issue : So as the great name and numerous Family of the Marshals came wholly to be extinct in that Generation . The second was Richard de Clare Earle of Glocester , who in a Battaile against Baldwyn de Gisnes , a valiant Fleming , imployed by King Henry , himselfe alone encountred twelve of his Enemies , and having his Horse slaine under him , he pitcht one of them by the legge out of the saddle , and leapt into it himselfe , and continued the fight without giving ground , till his Army came to rescue him . An Act that may seeme fitter to be placed amongst the Fictions of knights Errant , then in a true Narration . The third was Simon Montford , a man of so audacious a spirit , that he gave King Henry the lye to his face , and that in presence of all his Lords ; and of whom it seemes , the King stood in no small feare : for passing one time upon the Thames , and suddenly taken with a terrible storme of Thunder and Lightning , he commanded to be set ashore at the next Staires , which happened to be at Durham House , where Montford then lay , who comming downe to meet the King , and perceiving him somewhat frighted with the Thunder , said unto him , Your Maj●sty need not feare the Thunder , the danger is now past : No Montford ( said the King ) I feare not the Thunder so much as I doe thee . Of men famous for Sanctity of life , there were likewise many in his time , but three more eminent then the rest , Edmund Arch-bishop of Canterbury , Richard Bishop of Chichester , and Thomas Arch-deacon of Hereford ; All three either Canonized , or at least thought worthy to be Canonized for Saints . To these may be added Robert Grosshead Bishop of Lincolne , who Translated the Testaments of the twelve Patriarchs , out of Greeke into Latine ; which through envy of the Jewes never came to the knowledge of Saint Hierome , wherein are many Prophesies of our Saviour Christ. Of men famous for learning there were likewise many in his time ; of whom , some left workes behinde them for testimonies of their knowledge in divers kindes , as Alexander Hales a Fryer Minor , who wrote many Treatises in Divinity ; Ralp● Coggeshall , who wrote the Appendix to the Chronicle of Ralph Niger ; Randulph Earle of Chester , the third and last of that name , who compiled a Booke of the Lawes of England ; Henry Bracton , who wrote the Booke commonly called by his name , De Consuetudinibus Anglicanis : and besides these , Hugh Kirkestead , Richard of Ely , Peter Henham , Iohn Gyles , and Nicholas Fernham , excellent Physitians ; Richard surnamed Theologus , and Robert Bacon , two notable Divines ; Stephen Langthon , Richard Fisaker , Simon Stokes , Iohn of Kent , William Shirwood , Michael Blaunpaine , Iohn Godard , Vincent of Coventry , Albericke Veer , Richard Wich , Iohn Basing , Roger Waltham , William Seningham , and others . THE LIFE and RAIGNE OF KING EDWARD THE FIRST . Surnamed of WINCHESTER . Of his comming to the Crowne , AS soone as King Henry was dead and buryed , the great Lords of the Land caused his eldest Sonne Prince Edward to be proclaimed King : and assembling at the New Temple in London , they there tooke order for the quiet Governing of the kingdome , till he should come home . For at this time he was absent in the Holy Land ; and had beene there above a yeare when his Father dyed . But we cannot bring him home without telling what he did , and what he suffered in all that time , and in his returne ; for at his first comming thither , he rescued the great City of Acon , from being ●urrendred to the Souldan ; after which , out of envy to his Valour , one Anzazim a desperate Saracen , who had often beene employed to him from their Generall , being one time , upon pretence of some secret message , admitted alone into his Chamber , with a poysoned knife gave him three wounds in the Body , two in the Arme , and one neare the arme-pit , which were thought to be mortall , and had perhaps beene mortall , if out of unspeakeable love , the Lady Eleanor his Wife had not suckt out the poyson of his wounds with her mouth , and thereby effected a cure , which otherwise had beene incurable : and it is no wonder , that love should doe wonders , which is it selfe a wonder . And now being disappointed of Aides that were promised to be sent him , and leaving Garrisons in fit places for defence of the Country , he with his Wife Eleanor takes his journey homewards , and first passing by Sicilie , was there most kindly received by Charles King of that Island , where he first heard of his Fathers death ; which he tooke more heavily farre , then he had taken the death of his young Sonne Henry , whereof he had heard a little before ; at which when King Charles marvailed , he answered , that other Sonnes might be had , but ●nother Father could never be had . From hence he passeth through Italy , where much honour is done him both by the Pope and other Princes ; and then descends into Burgoigne , where by the Earle of Chalboun , a stout man at Armes , he is challenged at a Turneament , with a pretence to solemnize his presence , but with a purpose indeed to disgrace his person ; and though Prince Edward in many respects might justly have refused it , yet the noblenesse of his mind would not suffer him to passe by any occasion of shewing his valour and in this 〈…〉 as he made it appeare , that ●ame had beene no 〈…〉 the report it ma●e of hi● . And here a great part of his English Nobility met 〈◊〉 ; from whence he passeth into France , where the King Philip his ●eare Cou●● ( as being Sister Sonnes ) entertaines him with great solemnity : and graceth his solemnity with so much courtesie , that it wonne Prince Edward vol●ntarily to do him homage for the Territories he held in France ; & this voluntarines in Prince Edward , won the King of France againe to grant quietly unto him , all the Lands in France that belonged to him ; and so these two great Kings by reciprocall courtesie effected that , which thei● Predecessours by force could never effect . From her 〈◊〉 , passeth through A●uitaine , and having there taken homage of his Subjects , and set all things in order , he set Saile and arrived in England , above a yeare after the death of his Father : a long time for plotting of mischiefe , and a strong temptation to plotters of mischiefe ; if all the causes of quietnesse had not concurred : but such was the worthinesse of Prince Edwards person , and such the undoubtednesse of his Title , that as there could be no Competitour , so there would be no Oppugner● And indeed the Divine Providence had shewed a speciall care over him from his Child-hood ! whereof one or two Examples will not be unfit to be related . One was this , that being yet but young , and playing one time at Chesse with a Friend , in the midst of his game , without any apparent occasion , he removed himselfe from the place where he sate , when suddenly there fell from the roofe of the house a great stone , which if he had stayed in the place but never so little had beaten out his braines . Another Example of the Divine Providence over him , ( though it happened afterwards ) was this : Having prepared a great Fleete of Ships for a journey into Flanders , and being at Winchelsey , where the Ships were to meete ; it happened that riding about the Harbour , his Horse frighted with the noyse of a Windmill , which the wind drove violently about , skrambled up and leapt over the Mud●wall of the Towne , so as neither the King nor the Horse was to be seene , but every one judged the King could not chuse but be throwne and killed ; yet such was the Divine Providence over him , that the Horse lighted upon his feet , and the King keeping the Saddle returned safe . And under the wing of this Divine Providence , he had now passed all the dangers of his tedious Journey ; and being safely come to London , was on the fifteenth day of August in the yeare 1274. Crowned at Westminster , together with his Wife Queene Eleanor , by Robert Kilwarby Arch-bishop of Canterbury : where five hundred great Horses were let loose , for any that could take them ; and yet the outward solemnity was not more great , then the inward joy was universall , every man rejoycing , not onely at a change , which of it selfe is pleasing , but at a change so much for the better , as this was like to be . Of his Acts done after he was Crowned . THe Acts of this King after he was Crowned , may not unfitly be divided into five parts : His Acts with his Temporall Lords ; His Acts with his Clergy ; Then with Wales ; Then his Acts with Scotland ; And lastly with France . And first , concerning his Lords , he gave them good contentment in the beginning of his Raigne , by enlarging their liberties , and granting them easier Lawes , for which purpose he called a Parliament , wherein were made the Statutes called of Westminster the first , so as he had no difference with them , till toward the end of his Raigne , as shall be shewed hereafter . In the next place , concerning his Acts with his Clergy , he began with them betimes ; for having lived to be of good age , three or foure and thirty yeares old , in his Fathers Raigne , he observed in that time , that their power was too predominant , and therefore thought fit to clip their wings ; at least to keepe them from farther growing : which he did by these meanes : First , in the sixth yeare of his Raigne , he deprived many chiefe Monasteries of their Liberties , and tooke from the Abbot and Covent of Westminster , the Returne of Writs granted them by the Charter of his Father , King Henry the third . The next yeare after he got to be enacted the Statute of Mortmaine , to hinder the encrease of their Temporall Possessions . In the second Statute of Westminster , he defalked the Jurisdiction of Ecclesiasticall Judges ; and growing more upon them , he required the moity of all their Goods , as well Temporall as Spirituall , for one yeare . Then cals he a Parliament of his Nobles at Salisbury , without admission of any Church-men in it : And it is worth the noting , that Marchian his Treasurer , acquainting him that in Churches and Religious houses , there was much treasure to be had , if it might be taken ; he made no scruple of it , but caused it to be taken and brought into his Exchequer . But finding his Prelates not well contented with it , to please them againe , he bids them aske something of him , wherein they should see how much he favoured them . And they asking of him to repeale the Statute of Mortmaine , that had beene made so much to their hinderance ; He answered , that this was a Statute made by the whole body of the Realme , and therefore was not in his power , who was but one Member of that Body , to undoe that which all the Members together had done ; and perhaps whatsoever they should have asked else , he would have had an answer to redeeme his Offer . And thus much concerning his Clergy . In the next place are the Welsh , who had themselves begun with the King : For their Prince Leolyn being summoned to attend at his Coronation , refused to come ; and afterward at more leisure , being required to come and doe his Homage , he stood upon termes of safe conduct , pretending doubt to be used , as his Father Gryffin had beene ; who upon hard usage in the Tower , seeking to make escape , fell from the Walls and brake his necke . But indeed it was alwayes a Custome with this Nation , at every change of Princes in England , to try conclusions , hoping at one time or other to have a day of it , and to change their yoke of bondage into liberty ; for which they were never better Provided then now ; especially ( which is the greatest matter in Warre ) having a Valiant Prince to be their Leader . But there happened an accident which tooke off their edge at this time : For the Lady Eleanor , a Daughter of the late Earle Simon Montford , whom Prince Leolyn extreamely loved , being passing out of France into Wales , was by the way upon the Sea taken by English ships , and brought to King Edward , and for the love of her , Prince Leolyn was content to submit himselfe to any conditions : which besides subjection of his State , was to pay fifty thousand pounds Sterling , and a thousand pounds per annum during his life ; and upon these conditions the marriage with his beloved Lady was granted him , and was solemnized here in England , whereat the King and Queene were themselves present . Three yeares Leolyn continued loyall , and within bounds of obedience , in which time David , one of his Brothers , staying here in England , and found by the King to be of a stirring Spirit , was much honoured by him ; Knighted , and matched to a rich Widow , Daughter of the Earle of Darby , and had given him by the King besides , the Castle of Denbigh , with a thousand pounds per annum : though ( as it was afterwards found ) he lived here but in the nature of a spy : For when Prince Leolyns Lady was afterward dead , and that he ( contrary to his Conditions formerly made ) brake out into rebellion , then goes his Brother David to him , notwithstanding all these Favours of the King : and they together enter the English Borders : Surprise the Castles of Flynt and Rutland , with the person of the Lord Clifford , sent Justiciar into those parts : and in a great Battaile overthrew the Earles of Northumberland and Surrey , with the slaughter of Sir William Lyndsey , Sir Richard Tanny , and many others . King Edward advertised of this Revolt and overthrow , being then at the Vyzes in Wiltshire , prepares an Army to represse it ; but before his setting forth , goes privately to his Mother Queene Eleanor , lying at the Nunnery of Aimesbury , with whom whilest he conferred , there was one brought into the Chamber , who faigned himselfe ( being blinde ) to have received his sight at the Tombe of King Henry the third : A●soone as the King saw the man , he remembred he had seene him before , and knew him to be a most notorious lying Villaine , and wished his Mother in no case to beleeve him : but his mother , who much rejoyced to heare of this Miracle , for the glory of her husband , finding her sonne unwilling that his Father should be a Saint , grew suddenly into such a rage against him , that she commanded him to avoid her Chamber : which the King obeyes ; and going forth , meetes with a Clergy man , to whom he tels the story of this Impostour , and merrily said ; He knew the justice of his Father to be such , that he would rather pull out the eyes ( being whole ) of such a wicked wretch , then restore them to their sight . In this meane time the Arch-bishop of Canterbury had gone of himselfe to Prince Leolin , and had laboured to bring him and his brother David to a re-submission , but could effect nothing ; for besides other reasons that swayed Prince Leolin , the conceit of a Prophesie of Merlin , that he should shortly be Crowned with the Diadem of Brute , so overweighed him , that he had no care for peace , and shortly after no head : for after the Earle of Pembroke had taken Bere Castle , which was the seat of Prince Leolin , he was himself slain in battell ; and his head cut off by a common Souldier , was sent to King Edw. who caused the same to be Crowned with Ivie , and to be set upon the Tower of London ; And this was the end of Leolin , the last of the Welsh Princes , betraied ( as some write ) by the men of Buelth . Not long after his brother David also is taken in Wales , and judged in England to an ignominious death : First , drawn at a horse taile about the City of Shrewsbury , then beheaded , the trunke of his body divided , his heart and bowels burnt , his head sent to accompany his brothers on the Tower of London , his foure quarters to foure Cities , Bristow , North●●pton , York , and Winchester : A manifold execution , and the first shewed in that kind to this kingdome , in the person of the son of a Prince , or any other Noble man that we reade of in our History . It is perhaps something which some here observe , that at the sealing of this conquest , King Edward lost his eldest son Alphonsus , of the age of twelve years , ( a Prince of great hope ) and had onely left to succeed him , his sonne Edward lately borne at Carnarvan , and the first of the English , intituled Prince of Wales , but no Prince worthy of either Wales or England . And thus came Wales to be united to the Crowne of England , in the eleventh yeare of this King Edwards Raigne ; who thereupon established the government thereof , according to the Lawes of England , as may be seene by the Statute of Rutland , in the twelfth yeare of his Raigne . The worke of Wales being setled , King Edward passeth over into France , upon notice of the death of Philip the Hardy , to renew and confirme such conditions as his state in those parts required , with the new King Philip the fourth , intituled the Faire ; to whom he doth homage for Aquitaine , having before quitted his claime to Normandy for ever . After three yeares and a halfe being away in France , he returns into England ; and now in the next place comes the businesse with Scotland , and will hold him wo●ke at times as long as he lives , and his sonne after him . Alexander the third , King of Scots , as he was running his horse , fell horse and man to the ground , and brake his necke , and died immediately● by reason whereof ( he leaving no issue , but onely a daughter of his daughter Margaret , who died also soone after ) there fell out presently great contention about succession . Ten Competitors pretend title , namely , Erick King of Norway , Florence Earle of Holland , Robert Bruce Earle of Anandale , Iohn de Baylioll Lord of Galloway , Iohn de Hastings Lord of Abergeveny , Iohn Cummin Lord of Badenaw , Patrick de Dunbarre Earle of March , Iohn de Vescie , Nicholas de Sul●s , William de Rosse ; all or most of them de●cending from David Earle of Huntington , younger brother to William King of Scots , and great Unkle to the late King Alexander . This title King Edward takes upon him to decide , pretending a Right of Superiority from his Ancestours over that kingdome and proving it by authority of old Chronicles , as Marianus Scotus , William of Malmsbury , Roger de Hoveden , Henry of Huntington , Ralph de Luceto , and others ; which though the Scottish Lords who swaied the Interregnum opposed , yet are they constrained for avoyding of further inconveniences , to make him Arbiter thereof , and the tenne Competitours bound to stand to his award . Two are especially found , betweene whom the ●ight lay , Iohn de Baylioll Lord of Galloway , and Robert Br●ce ; the one descending from an elder daughter , the other from a sonne of a younger daughter of Alan , who had married the eldest daughter of this David brother to King William . The controversie held long , twelve of either kingdome learned in the Lawes , are elected to debate the same at Berwick ; all the best Civilians in the Universities of France are solicited to give their opinions ; all which brought forth rather doubts then resolutions : whereupon King Edward the better to sway this businesse by his presence , takes a journey Northward ; where being come as farre as Lincolnshire , he lost his beloved wife Queene Eleanor : and thereupon going backe to see her Funerall performed at Westminster : that done , he returnes presently to his Scottish businesse . And now sixe yeares were passed since the death of King Alexander , and yet nothing concluded in this controversie ; whereupon King Edward deals privately with Bruce , ( who had the weaker Title , but the more friends ) and promiseth him , if he would sweare fealty and homage to the Crowne of England , he would Invest him in that of Scotland . But Bruce answers , he was not so d●sirous to rule , as thereby to infringe the liberties of his Countrey . Whereupon with the like offer he sets upon Baylioll , who having better right , but lesse love of the people , and more greedy of a kingdome then honour , accepts the condition ; and thereupon is Crowned King at Scone , hath fealty done him by all the chiefe Nobility , except Bruce : comes to New-Castle upon Tyne , where King Edward then lay ; and there , with many of his Nobles , sweares fealty , and doth homage to him , as his Soveraigne Lord. Which act done to secure him , overthrew him : for being little beloved before , hereby he became lesse : such as stood for Bruce , and others of the Nobility ( tender of the preservation of their Countries liberty ) took stomach against him ; and not onely for this , but shortly after for his injustice in the case of the Earle of Fife , one of the sixe Governours in the time on the Interregnum , who had beene slaine by the Family of Alberneth ; the brother of which Earle prosecuting Law before King Baylioll , in his high Court of Parliament , and having no right done him ( King Baylioll giving judgement of the side of the Alberneths ) he appeales to the Court of the King of England : whereupon King Baylioll is summoned , appeares , sits with King Edward in his Parliament till his cause was to be heard , and then is cited by an Officer to arise , and to stand in the place appointed for pleading ; then he craves to answer by a Procuratour , but is denied , and thereupon descends to the ordinary place , and defends his cause himselfe : which indignity ( as he tooke it ) so incenseth him , that he returnes home with a breastfull charged with indignation ; meditates revenge , renues the ancient league with France , confirmes it with marriage of his sonne Edward , to a daughter of Charles brother to King Philip , glad in regard of late offences taken against the King of England , to embrace the same ; which done , Baylioll defies King Edward , renounceth his Allegeance , as unlawfully done , being not in his power , without consent of the State , to doe any such Act. Hereupon brake out that mortall dissension betweene the two Nations , which consumed more Christian bloud , and continued longer then ever quarrell we reade of did , between any two people in the world . For he that beganne it , could not end it , but it lasted almost three hundred yeares , and was never throughly abolished , till the late blessed union wrought by him in whom Wisdome and Vertue , Right and Power concurred all to make it firme . And now the fatall Chaire in which the Kings of Scotland used to be Inaugurated , seemes to recover its secret operation , according to antient Prophesie : that whither soever that Chaire should be removed , the kingdome should be removed with it ; and this Chaire King Edward caused to be brought out of Scotland to Westminster , and to be placed there amongst the Monuments , where it still continues . But now King Baylioll being summoned to appeare at New-Castle , and refusing to come ; King Edward enters Scotland with an Army , consisting of foure thousand horse , and thirty thousand foot , besides five hundred horse , and one thousand foote of the Bishop of Durham . Berwicke is first wonne , with the slaughter of fifteene thousand Scots ; ( our Writers say more ) and after that , the Castles of Dunbarre , Roxborough , Edinbough , Sterli●g , and Saint Iohns Towne ; and now King Balioll sues for Peace , submits himselfe , takes againe his Oath of Fealty to King Edward , as his Soveraigne Lord : which done , a Parliament for Scotland is held at Berwicke , where the Nobility likewise did Homage to him , confirming the same by their Charter , under their hands and seales : onely William Dowglasse refuseth ; content rather to endure the misery of a Prison , then yeeld to the subjection of the King of England . But King Baylioll , notwithstanding his submission , is sent prisoner into England after his foure yeares Raigne in Scotland ; and King Edward returnes home , leaving Iohn Warren Earle of Sussex and Surrey , Warden of all Scotland ; Hugh Cressingham Treasurer , and Ormesloy Chiefe Justice , with Commission to take in his name , the Homages and Fealties of all such as held Lands of that Crowne . But this continued not long , for King Edward being absent in France , the Scots fell upon the Officers he had left ; slew Sir Hugh Cressingham with sixe thousand English , recovered many Castles , and regained the towne of Berwick , and all by the animation and conduct of one William Walleys , a poore private Gentleman , ( though Nobly descended ) who seeing his Countrey without a Head , and thereby without a Heart ( all the great men , either in captivity or subjection● assembles certaine of as poore and desperate estate as himselfe , and leads them to attempt upon whatsoever advantages they could finde to annoy the English , and having therein good successe , it so encreased both his courage and company , that he afterward came to be the generall Guardian of the whole kingdome ; and was in possibility to have absolutely redeemed his Countrey from the subjection of the English , if the speedy comming of King Edward had not prevented him . For now King Edward , to bring his worke neare together , removes his Exchequer and Courts of Justice to Yorke , where they continued above sixe yeares ; and thither he cals a Parliament , requiring all his subjects that held of him by knights service , to be ready at Roxborough by a peremptory day : where there assemble three thousand men at Armes on barded horses , and foure thousand other armed men on horse without bards , with an Army of foote answerable , consisting most of Welsh and Irish , besides five hundred men at Armes out of Gascoyne ; and with this power he makes his second expedition into Scotland : the Earles of Hereford and Norfolke , with the Earle of Lincolne , led his Vauntgard at the famous battell of Fonkirke , where the shouts of the Scots were so great , that King Edwards horse frighted withall , cast him off , and brake two of his ribs ; which notwithstanding he gets up againe , goes on , and gets the victory ; wherein are reported to be slaine two hundred knights , and forty thousand foot of the Scots : but William Walleys with some few , escaped to make more work . And here againe that kingdome might seeme as if quite overthrowne . Most of the estates of the Earles and Barons of Scotland ( with their titles ) that had stood out , were bestowed on the English ; and a Parliament is called at Saint Andrewes , where all the great men of that kingdome , except onely Walleys , once againe sweare Fealty to the King of England . It seemes swearing of Fealty was with the Scots but a Ceremony without substance , as good as nothing : for this is now the third time they swore Fealty to King Edward ; yet all did not serve to make them loyall : for not long after , comes the newes of a new King made and Crowned in Scotland : Robert Bruce Earle of Carrick , sonne to that Bruce who was competitour with Baylioll , escaping out of England , becomes Head to the confused Body of that kingdome : and perceiving Iohn Cummyn ( who had a title himselfe ) to goe about to bewray his intentions to King Edward ; he finding him at Dunfrayes , sets upon him , and murthers him in the Church . Whereof as soone as King Edward heard , he sends Aymer de Valence , Earle of Pembroke , and the Lords Clifford and Percie , with a strong power to revenge the death of Cummyn , and to relieve his Wardens of Scotland ; who upon Bruces revolt , were all retired to Berwicke , whilst himselfe prepares an Army to follow : wherein to be the more nobly attended , he caused Proclamation to be made , that whosoever ought by their Paternall succession , or otherwise had meanes of their owne for service , should repaire to Westminster , at the Feast of Pentecost , to receive the Order of knighthood , and a Military Ornament out of the Kings Wardrobe . Hereupon three hundred young Gentlemen , all the sonnes of Earles , Barons , and knights , assemble at the day appointed , and receive Purples , silkes , Sindons , Scarffes , wrought with Gold or Silver , according to every mans Estate . For which traine ( because the Kings House was too little , by reason a part of it had beene lately burnt ) roome is made , and the Apple-trees cut downe at the new Temple for their Tents , where they attire themselves , and keepe their Vigile . The Prince ( whom the King then likewise knighted , and gave him the Dutchy of Aquitaine , kept his Vigile with his Traine at Westminster , and the next day girds these three hundred knights , with the Military Belt , in such manner as he himselfe had received it . Which done , the King before them all makes a Vow , that alive or dead , he would revenge the death of Cummyn upon Bruce , and the perjured Scots : Adjuring his Sonne and all the Nobles about him , upon their Fealty , that if he dyed in this Journey , they should carry his Corps with them about Scotland , and not suffer it to be interred , till they had vanquished the Usurper , and absolutely brought the Country to Subjection . The Prince and all the Nobles promise upon their Faith , to imploy their uttermost power to performe his Vow : and herewithall he sets forth with a potent Army , presently after Whitsontide , and makes his last Expedition into Scotland , in the foure and thirtieth yeare of his Raigne . The Earle of Pembroke , with that power sent before , and aid of the Scottish party , had before the King arrived in Scotland , defeated in a battaile neare Saint Iohns Towne , the whole Army of the new King , and narrowly missed the taking of his Person , but he escaping in disguise , and sheltring himselfe in obscure places , was reserved for greater Battailes , his Brothers Nigell , Bruce , and shortly after , Thomas and Alexander a Priest , were taken and Executed after the manner of Traytors at Berwicke . And now King Edward had done for Fighting , all was now for Executions , and indeed his desire of Revenge made him inexorable , and vow to spare none of what degree soever . The Earle of Atholl , ( though of Royall blood , and allyed unto him ) was sent to London , where all his preferment was , to have a higher paire of Gallowes then the rest . The Wife of Robert Bruce , taken by the Lord Rosse , is sent Prisoner to London , and his Daughter to a Monastery in Lindsey . The Countesse of Boughan , who had beene ayding at Bruces Coronation , is put into a woodden Cage , and hung out upon the walls of Berwicke for people to gaze on . But though Bruces party was thus dejected , and himselfe at this time appeared not , but shifted privily from place to place , in a distressed manner , ( attended onely with two Noble Gentlemen , who neeer forsooke him in his misfortunes , the Earle of Lenox and Gilbert Hay ) yet gives he not over , but gathers new Forces , with which he suddenly assailes the Earle of Pembroke at unawares , gives him a great defeate , and within three dayes after chaseth the Earle of Glocester into the Castle of Aire , where he besieged him , till by the Kings Forces he was driven againe to his former retire . Whereupon King Edward , who had spent his Winter at Carlile , in Iuly following with a fresh Army enters Scotland himselfe , but falling into a Dysentery or Bloody-flix , at Borough upon the Sands he ended his life : and thus ended King Edwards troubles with Scotland , but not Englands troubles , which are more to come , then yet are past . But though this businesse of Scotland never left King Edward till his dying day , yet it had been upon him but as an Ague , sometimes putting him into violent heats , and sometimes leaving him in a quiet temper , with such a vicissitude , that when he had quietnesse with Scotland , he had troubles with France , whereof the time is now to speake . It is well knowne , that Philip King of France , Father of the present King , and Edward King of England were neare Cousins , the Sonnes of two Sisters ; and it hath beene shewed before at King Edwards returning from the Holy Land , and passing through France , what extraordinary kindnesse and mutuall courtesie passed betweene them , that one would have thought neither they no● theirs should ever have falne out : and perhaps never should , if they had beene private men , and not Princes . For private men may easily continue Friends , as having none to consider but themselves ; but Princes hardly , as having besides themselves , their Subjects to consider . And though they be the Subjects oftentimes that make the Quarrell , yet they are the Princes that must maintaine it . And besides , betweene Princes there can never be but jealousies , and where jealousies are , every trifle makes a quarrell . And this was the case of these two Kings , certaine of the King of Englands Subjects , had upon the Coast of Normandy done spoyle to some Subjects of the King of France : and this difference of the Subjects made a difference betweene the Kings , while each of them standing in defence of his owne , fall out themselves ; and for a beginning the King of France summons King Edward , as owing homage to that Crowne , to appeare and answer it in his Court. And King Edward , though voluntarily before he had done it in a way of Courtesie , yet being now impetiously commanded , he refuseth it : upon which refusall , all his Territories in France are condemned to be forfaited , and an Army is presently sent to seise upon the same , led by Charles de Valois , and Arnold de Neele , Constable of France . Burdeaux ; with divers other Peec●s of importance , are taken from him . And now King Edward well knowing what danger it was to have so powerfull an Adversary ; endevours first to strengthen himselfe with Friends abroad , seekes to match his Sonne Edward with a Daughter of Guy Earle of Flanders : Marries one of his Daughters to the D●ke of Barr● , who pretended Title to Champaigne ; another to Iohn Duke of Bra●ant ; sends fifteene thousand pounds Sterling to Adolph de Nassaw the Emperour , for recovery of certaine Lands which he claimed in France ; and with all these and many other con●ining Princes , he sets upon the King of France , and then sends over his Brother Edmund Earle of Lancaster , the Earles of Lincolne and Richmond , with eight and twenty Banners , seven hundred men at Armes , and a Navy of three hundred and sixty Saile . In the meane time the King of France , having had intelligence of the intended alliance betweene King Edward , and Guy Earle of Flanders , sends for the said Earle ( as if knowing nothing thereof ) to come with his Wi●e and Daughter to make merry with him at Paris : where instead of Feasting him , he makes him Prisoner , and takes from him his Daughter , in regard he sought ( being his Vassall ) to match her with his capitall Enemy . The Earle excuseth it the best he could , and by much mediation is released himselfe , but not his Daughter ; whereupon the Earle , presuming upon aide from King Edward , takes Armes , and defies the King of France ; who thereupon comes with an Army of sixty thousand against him : which caused King Edward , with all speed possible to relieve this distressed Earle ; and so leaving the Government of the kingdome in his absence , to the Bishop of London , the Earle of Warwicke , and the Lords Reynold , Grey , and Clifford ; with five hundred Saile , and eighteene thousand men at Armes , he passeth over into France , but finding the Country distracted into many popular Factions , and the King of France daily getting upon them , ( having already won Lisle , Doway , Courtray , Burges and Dam ) and the Emperour Adolph failing to send him aide as he had promised , he fell into great perplexity : and having stayed the whole Winter at Gaunt , where by reason of many outrages committed by his Souldiers , he was so affronted by the Gauntois , that his owne person was not without some danger ; He thereupon in the Spring of the yeare , concludes a Truce with the King of France for two yeares , takes his sister Margaret to Wife , and affianceth the Daughter of the same King to his Sonne Prince Edward , and so returnes into England : And these were all the troubles King Edward had with France . But now must something be spoken of troubles with his Lords at home , whereof this was the beginning : In a Parliament at Salisbury , the five and twentieth yeare of his Raigne , the King requires certaine of his Lords to goe to the Warres in Gascoyne ; which needed a present supply by reason of the death of his Brother Edmund : but the Lords make all their excuses , every man for himselfe : Whereupon the King in great rage threatned , they should either goe , or he would give their Lands to others that should . Upon this Humfrey Bohun Earle of Hereford , High Constable , and Roger Bigod Earle of Norfolke , Marshall of England , make their Declaration , that if the King went in Per●on they would attend him ; otherwise not . Which answer offended the King more , and being urged againe , the Earle Marshall protested he would willingly goe thither with the King , and march before him in the Vauntguard , as by right of inheritance he ought to doe ; But the King told him plainely , he should goe with any other , though he we●● not himselfe in Person● I am not so bound ( saith the Earle ) neither will I take t●●t journey without you . The King swore by God , Sir Earle , you shall either goe or h●●●● And I sweare by the same Oath ( said the Earle ) I will neither goe no● hang● and so without leave departs . Shortly after the two Earles assemble many Noble men , and other their Friends , to the number of thirty Bannere●s , so as they were fifteen hundred men at Armes , well appointed , and stood upon their Gu●●d● The King like a prudent Prince , who knew his times , prosecu●es them not as then , b●● lets the matter passe , in regard that his businesse called him presently into Flanders ; when being ready to take ship , the Arch-bishops , Bishops , Earles , Barons , and the Commons send him a Roll of the Grievances of his Subjects , concerning his Taxes , Subsidies , and other Impositions , with his seeking to force their services by unlawfull courses : to which the King sends answer , that he could not a●t●r any thing without the advice of his Councell , who were not now about him , and therefore required them , seeing they would not attend him in his Journey , ( which they absolutely refused to doe , though he went in Person , unlesse he had gone into France or Scotland ) that they would yet doe nothing in his absence , prejudi●iall to the peace of the kingdome ; and that at his returne , he would set all things in good order to their contentment . But having taken his Journey , and being held there with long delayes , to his exceeding great expenses , he was forced to send over for more supply of Treasure ; and thereupon gave order for a Parliament to be held at Yorke by the Prince , and ( because of his Minority , for he was then but sixteene yeares of age ) by such as had the manage of the kingdome in his absence : and to the end he would not be disappointed of aide , he condescends to all such Articles as were demanded , concerning the great Charter : Promising from thenceforth never to charge his Subjects otherwise then by their consents in Parliament , and to pardon all such as had denyed to attend him in this Journey . After this , in the 27. yeare of his Raigne , a Parliament is called at Westminster , wherein the promised Confirmation of the two Charters , and the allowance of what disafforestation had heretofore beene made , was earnestly urged , and in the end with much adoe Granted ; and that with omission of the Clause , Salva Iure Coronae nostr● : which the King laboured to have inserted , but the people by no meanes would agree , and the perambulation of the Forests of England was then committed to three Bishops , three Earles , and three Barons . But some yeares after , in the two and thirtieth yeare of his Raigne , King Edward begunne to shew his resentment of the stubborne behaviour of his Nobles towards him in times past ; and so terrifies Roger Bigod , Earle Marshall , that to recover his favor the Earle made him his Heire● in Possession ; ( though he had a Brother of his owne living ) reserving onely to himselfe a thousand pounds per annum , during his life . Of others likewise he go● great summes for the same offence ; The Earle of Hereford escaped his fine by death . But the Arch-bishop of Canterbury , ( whom he accused to have disturbed his Peace in his absence ) he sends over to Pope Clement the fifth , ( who succeeded Bonifac● ) that he might be crusht with a double power . This Pope was Native of Burdeaux , and ●o the more regardfull of the Kings desire ; and the King● the more confident of his favour ; which to entertaine and encrease , King Edward sends him a whole furnish of all vessels for his Chamber of cleane Gold : which great gift so wro●ght with the Pope , that he untied the King from the Covenant made with his Subjects concerning their Charters , confirmed unto them by his last three Acts of Parli●ment , and absolved him from his Oath : A safe time for Princes , when they mighttye themselves in any obligation to their Subjects , and afterward for a bribe to the Pope be untyed againe . His Taxations , and wayes for raising of money . IF Taxations may suffer degrees of comparison , it may not unfi●ly be said of these three last Kings , that King Iohn was in the Positive ; his Sonne Henry the third in the Comparative : and this King Edward in the Superlative . For not onely he farre exc●eded th● two former , but he hath left a spell to all that come after , for ever comming neare him : but then under the name of Taxations , wee must include the wayes he tooke for raising of profit . But first in the way of Parliament . In the first yeare of his Raigne , was granted him a tenth of the Clergy for two years , besides a fifteenth of them and the Temporalty . In his fifth yeare , a twentieth of their goods towards the Welsh warres . In his seventh , the old money was called in , and new coyned , in regard it had beene much def●ced by the Iewes ; for which 297. were at one time executed in London : and this brought in profit of no small value . In his eleventh yeare , he had a thirtieth of the Temporalty , and a twentieth of the Clergy , for his warres in Wales . In the thirteenth , Escuage , forty shillings of every knights Fee. In his foureteenth yeare , he had a thousand Markes of certaine Merchants Fined for false weights . In his nineteenth , the eleventh part of all movables of the Clergy , and shortly after a tenth for sixe yeares . In his twentieth , William Marchyan then Lord Treasurer of England , perceiving great riches to be in Churches and religious houses , put it so into the Kings head , that they were all brought into the Kings Treasury . In the eighth yeare of his Raigne , he sent ou● his Writ Quo Warrant● , to examine by what title men held their lands ; which brought him in much money , till Iohn Earle of Warren , being called to shew his title , drew out an old rusty Sword , and then said , He held his land by that , and by that would hold it to death ; which though it made the King desist from his Project , yet he obtained at that time a fifteenth part of the Clergy . In his seventeenth yeare he Fined all his Judges for corruption : Sir Ralph Higham Chiefe Justice of the higher Bench , in seven thousand Markes : Sir Iohn Loveton Justice of the lower Bench , in three thousand Markes : Sir William Brompton , in sixe thousand Markes : Sir S●l●mon Rochester , in foure thousand Markes : Sir Richard Boyland , in foure thousand : Sir Walter Hopton , in two thousand : Sir William Saham , in three thousand : Robert Lithbury Master of the Rolls , in one thousand : Roger Leycester , in one thousand : He●●y Bray Escheatour , and Judge for the Iewes , in one thousand : but Sir Adam Stratt●● chiefe Baron of the Exchequer , in foure and thirty thousand : and Thomas Wayland ( found the greatest Delinquent , and of the greatest substance ) had all his goods , and whole estate confiscated to the King ; and himselfe banished out of the kingdome . In his eighteenth yeare he banished the Iewes ; of whom there was at that time above fifteen thousand in the kingdom , who had but all their goods confiscate● leaving them onely meanes to beare their charges in going away . In his foure and twentieth yeare , he commanded a new Subsidy to be levied upon all sarplers of Wooll going out of England : as likewise with Fels and Hides . In his five and twentieth yeare , he cals a Parliament at Saint Edmundsbery , where is granted the eighth part of the goods of good Townes , and of other people the twelfth . As for the Clergy , they desire to be excused , and refuse to contribute , in regard of their many late paiments ; as in the two and twentieth yeare of his Raigne , they paied the mo●ty of their goods : and in his three and twentieth yeare , he sei●ed into his hands , all Priories aliens and their goods : besides he had a loane of the Clergy , which amounted to an hundred thousand pounds : but notwithstanding upon this refusall of the Clergy , the King puts all Clergy men out of his protection , whereby they were to have no Justice in any of his Courts ; ( a straine of State beyond any of his Predecessours ) which so amazed them , that in the end , the Arch-bishop of Yorke , with the Bishops of Durham , Ely , Salisbury , and Lincolne , yeelded to lay downe in their Churches , the fifth part of all their goods towards the maintenance of the Kings warres ; whereby they appeased his wrath , and wer● received into grace . But the Arch-bishop of Canterbury , by whose animation the rest stood out , had all his goods seised on , and all the Monasteries within his Diocese , taken into the Kings hands , and Wardens appointed to minister onely necessaries to the Monkes , conve●ting the rest to the Kings use : at length by much suite , and Abbots and Priests , giving the fourth part of their goods , redeeme themselves , and the Kings favour . In the sixe and twentieth yeare of his Raigne , at a Parliament holden at Yorke , is granted him the ninth penny of the goods of the Temporalty : the tenth penny of the Clergy of the Diocese of Canterbury , and of Yorke the fifth : and in this yeare also he raised the Imposition upon every sack of Wooll , from a noble to forty shillings . In his two and thirtieth yeare he sends out a new Writ of Inquisition , called Traile-baston , for intruders on other mens lands ; who to oppresse the right owner , would make over their land to great men ; for Batterers hired to beate men , for breakers of Peace , for Ravishers , Incendiaries , Murtherers , Fighters , false Assisours , and other such Malefactours : which Inquisition was so strictly executed , and such Fines taken , that it brought in exceeding much treasure to the King. As likewise did another Commission at the same time , sent forth to examine the behaviour of Officers , and Ministers of Justice ; wherein many were found Delinquents , and paid dearly for it . At this time also he called his Lords to account for their stubbornnesse some yeares before , in denying to attend him into Flanders ; which brought him in profit answerable to their greatnesse that were called . After all this , in his foure and thirtieth yeare , there is granted him the thirtieth penny of both Clergy and Laity , and the twentieth of all Merchants towards his journey into Scotland . And this may be sufficient to shew his Taxations to have beene in the Superlative degree . And yet besides these , he had no small benefit by Silver Mines , which in his time were found in Devonshire . Of his Lawes and Ordinances . IN the first yeare of his Raine were made the Statutes called of Westminster the first . In his twelfth yeare were made the Statutes of Acton Burnell . In the foureteenth yeare of his Raigne were made the Statutes called Additamenta Glocestriae . He ordained such men to be Sheriffes in every County , as were of the same County where they were to be Sheriffes . He ordained that Iewes should weare a Cognisance upon their upper Garment whereby to be knowne , and restrained their excessive taking of Usury . In his time was also Enacted the Statute of Mortmaine . In his twelfth yeare , in the Quindenes of Saint Michael , the Justices Itinerants beganne to goe their generall Circuits . In his time new pleces of money were coyned , and halfe pence of Silver came to be in use , which were before of base metall . In his time , three men for rescuing a prisoner , arrested by an Officer , had their right hands cut off by the wrists . In his time all Iewes were banished out of the Realme . This King by Proclamation prohibited the burning of Sea-coale in London and the Suburbs , for avoiding the noysome smoake . In his eleventh yeare the Bakers of London were first drawne upon Hurdles , by Henry Waleys Major ; and Corne was then first sold by weight . In this Kings time the title of Baron which had before beene promiscuous to men of estate , was first confined to such onely as by the King were called to have voice in Parliament . Affaires of the Church in his time . IN his time , at a Synod holden at Reading by the Arch-bishop of C●nterbury , it was ordained according to the Constitutions of the Generall Councell , that no Ecclesiasticall person should have more then one Benefice , to which belonged the Cure of soules : and that every person promoted to any Ecclesiasticall Living , should take the Order of Priesthood within one yeare after . In his time lived and died Pope Boniface the 8. of whom his Predecessour had Prophesied : Ascendes ut Vulpes , Regnabis ut Leo , Morieris ut Canis . Workes of Piety done by him , or by others in his time . THis King Founded the Abbey of the Vale Royall in Cheshire , of the Cisteaux Order . In his time Iohn Baylioll King of Scots , builded Baylioll Colledge in Oxford : also in his time , Walter Marton Lord Chancellour of England , and after Bishop of Rochester , Founded Marton Colledge in Oxford , who was drowned passing over the water at Rochester , being at that time no Bridge there , as now there is . In his time was finished the new worke of the Church of Westminster , which had b●ene threescore and sixe yeares in building . In his time was laid the Foundation of the Black-Friers besides Ludgate , and of Baynards Castle : also in his time , his second wife Queene Margaret beganne to build the Quire of the Gray-Friers in London . In his time was begunne to be made the great Conduit in London , standing against the Church called Acres in Cheape . In his time Henry Walleys , Major of London , caused the Tonne upon Cornhill , to be a Prison for night-walkers : and also builded a house called the Stocks , for a Market of fish and flesh , in the midst of the City . In this Kings time , Edmund Earle of Leycester , the Kings brother , Founded the Minories , a Nunnery without Aldgate . This King builded the Castle of Flint in Wales , and the Castle of Beaumaris in the I le of Anglesey , and the Castle of Carnarvan by Snowdon . Also in this Kings time , Iohn Peckham Arch-bishop of Canterbury , Founded a Colledge of Canons at Wingham in Kent . Casualties happening in his time . IN the second yeare of this Kings Raigne , there happened the greatest rot of Sheepe in England that ever was knowne , which continued five and twenty years ; and came ( as was thought ) by one infected Sheepe of incredible greatnesse , brought out of Spaine by a French Merchant into Northumberland . In the fifteenth yeare of this Kings Raigne , Wheate was sold for tenne Groats a Quarter ; where the next yeare after there was so great a Dearth , that it was sold for eighteene pence the Bushell . In the seventeenth yeare of his Raigne , there fell so much raine , that Wheate was raised from three pence the Bushell , to sixteene pence ; and so encreased yearely , till at last it was sold for twenty shillings the Quarter . And this yeare the City of Carlile , and the Abbey with all the houses belonging to the Friers Minors , was consumed with fire . In his one and twentieth yeare , a great part of the Towne of Cambridge , with the Church of our Lady , was also burnt . In the seven and twentieth yeare of his Raigne , his Palace at Westminster , and the Monastery adjoyning , were consumed with fire . The Monastery of Glocester also was burnt to the ground . In this yeare also , an Act of Common Counsell , by consent of the King , was made concerning victuals ; a fat Cocke to be sold for three halfe pence , two Pullets for three halfe pence , a fat Capon for two pence halfe penny , a Goose foure pence , a Mallard three halfe pence , a Partridge three halfe pence , a Pheasant foure pence , a Hearon sixe pence , a Plover one penny , a Swanne three shillings , ● Crane twelve pence , two-Woodcocks three halfe pence , a fat Lambe from Christmas to Shrovetide , sixteene pence ; and all the yeare after for foure pence . Of his Wives and Children . HE had two Wives , his first was Eleanor , daughter to Ferdinand the third King of Spaine ; and was married to him at B●res in Spaine : who having lived with him sixe and thirty years , in a journey with him towards Scotland , at Herdeby in Lincolneshire she died ; in whose memory , and as Monuments of her vertue , and his affection , King Edward caused Crosses with her Statue to be erected in all chiefe places , where her Corps in carrying to Westminster , rested : as at Stamford , Dunstable , Saint Albons , Waltham , Cheapside ; and lastly , at the place called Charing Crosse : she was buried in Westminster , at the feete of King Henry the third , under a faire Marble Tombe , adorned with her Portraiture of Copper guilt . By this wife , King Edward had foure sonnes and nine daughters ; his eldest sonne , Iohn ; his second , Henry ; his third , Alphonsus ; died all young in their Fathers time : his fourth sonne , Edward , called of Carnarva● , because borne there , succeeded him in the kingdome . Of his daughters , the eldest named Eleanor , was first married by Proxie to Alphonsus , King of Arragon ; but he dying before the marriage solemni●ed , she was afterward married at Bristow , to Henry Earle of Barry in France ; by whom she had issue , sons and daughters . Ioane the second daughter of King Edward and Queene Eleanor , borne at Acon in the Holy Land , was married to Gylbert Clare called the Red Earle of Glocester and Hereford ; by whom she had issue , sonnes and daughters . She survived her husband , and was re-married to the Lord Ralph Monthermere , Father to Margaret the mother of Thomas Montacute , Earle of Salisbury ; from whom the now Vicount Montacu●e is descended . Margaret the third daughter of King Edward and Queene Eleanor , was married to Iohn Duke of Brabant . Berenger and Alice , their fourth and fifth daughters , dying young and unmarried . Mary their sixth daughter , at tenne yeares of her age , was made a Nunne in the Monastery of A●mesbury in Wiltshire , at the instance of Queene Eleanor her Grandmother , who lived there . Elizabeth their seventh daughter , was first married to Iohn Earle of Holland , Zeland , and Lord of Freezeland ; he dying within two yeares , she was afterward married to Humphrey Bohun Earle of Hereford and Essex , Lord of Breknok , and High Constable of England ; by whom she had issue , sonnes and daughters . Beatrice and Blanch , their eighth and ninth daughters , died young and unmarried . King Edwards second Wife was Margaret , eldest daughter of Philip King of France , called the Hardy , and sister to Philip called the Faire ; at eighteene yeares old she was married to King Edward , being above threescore ; yet at the unequall yeares she had issue by him , two sonnes and a daughter : their eldest sonne was borne at a little Village in Yorkshire called Brotherton , and was thereof called Thomas of Brotherton : he was created Earle of Norfolke , and Earle Marshall of England , after Roger Bigod , who died without issue . Their second sonne Edmund , was borne at Woodstocke in Oxfordshire , and of the place was so called : he was created Earle of Kent , and married Margaret daughter of Iohn , and sister of sole Heire of Thomas Lord Wakes of Lydell in the County of Northampton ; by whom he had issue two sonnes and one daughter : his sonnes Edmund and Iohn , died without issue ; his daughter Ioane , for her beauty called the Faire maid of Kent , was married first to William Montacute Earle of Salisbury , and from him divorced ; was re-married to Sir Thomas Holland , in her Right Earle of Kent , and by her , Father of Thomas and Iohn Holland , Duke of Surrey , and Earle of Huntington : and lastly , she was the Wife of Edward of Woodstocke , the blacke Prince of Wales ; and by him Mother of King Richard the second . This Earle Edmund was beheaded at Winchester , in the fourth yeare of King Edward his Nephew . Eleanor , the daughter of King Edward by his second Wife Margaret , died in her childhood . Of his personage and conditions . HE was tall of stature , higher then ordinary men by head and shoulders , and thereof called Longshanke ; of a swarthy complection , strong of body , but leane ; of a comely favour ; his eyes in his anger , sparkling like fire ; the haire of his head black and curled . Concerning his conditions , as he was in warre peacefull ; so in Peace he was warlike , delighting specially in that kinde of hunting , which is to kill Stagges or other wilde beasts with Speares . In continencie of life , he was equall to his Father ; in acts of valour , farre beyond him . He had in him the two wisdomes , not often found in any , single ; both together , seldome or never : An ability of judgement in himselfe , and a readinesse to heare the judgement of others . He seemed to be a great observer of opportunity ( a great point of wisdome in any , in Princes greatest ) and that he could beare an injury long , without seeking to revenge it ; as appeared by his carriage towards the Earle Roger Bigod , whom when he saw his time , he called to account for an affront he had offered him di●ers yeares before . He was not easily provoked into passion , but once in passion , not easily appeased , as was seene by his dealing with the Scots ; towards whom he shewed at first patience , and at last severity . If he be censured for his many Taxations , he may be justified by his well bestowing them ; for never Prince laid out his money to more honour of himselfe , or good of his kingdome . His greatest unfortunatenesse was in his greatest blessing ; for of foure sonnes which he had by his Wife Queen Eleanor , three of them died in his owne life time , who were worthy to have out-lived him ; and the fourth out-lived him , who was worthy never to have beene borne . Of his death and buriall . IN his last expedition into Scotland , being at Carlile , he fell sicke ; and lying in his death-bed , he sent for his sonne Edward : to whom , besides many admonitions to Piety ; he commanded three things specially : that he should carry his bones about with him through Scotland till he had subdued it : that he should send his heart into the Holy Land , with sevenscore knights to that warre , and the two and thirty thousand pounds he had provided for that purpose ; and that he should never recall Gaveston from banishment : and soon after of a dysentery or Bloudy-Flix , he died at Borough upon the Sands , the seventh of Iuly , in the yeare 1307. when he had Raigned foure and thirty yeares and seven moneths , lived threescore and eight yeares : Being dead , his Corps was brought to Waltham Abbey , and there kept the space of sixteene weekes , and after , on Simon and Iudes day buried at Westminster . Men of Note in his time . OF Martiall men there were many , these specially : Iohn Earle of Warren , who opposed the Kings Inquisition by Quo Warranto : and Roger Bigod , who gave the King an affront to his face . Of learned men also many , specially these ; Iohn Breton bishop of Hereford , who compiled a book of the Lawes of England , called l● Breton : Thomas Spot a Chronographer : Iohn Eversden a writer of Annals , and of this Kings Raigne : Gregory Cairugent a Monke of Glocester , and a writer also of Annals . Iohn Peckham a Franciscan Frier , made Arch-bishop of Canterbury , who writ many excellent workes : Iohn Read an Historiographer : Thomas Bungey a Frier Minor , an excellent Mathematician : Roger Bacon a Franciscan Frier , an excellent Philosopher and Mathematician : Robert Kilwarby Arch-bishop of Canterbury , and after made a Cardinall : also Ralph Baldock Bishop of London , who writ a Chronicle of England in the Latine tongue : but above them all , though of another Countrey , Thomas Aquinas , borne of a Noble Family , whose workes are too famous to be spoken of ; who going to the Councell holden at Lyons by Pope Gregory the tenth , died by the way . THE LIFE and RAIGNE OF KING EDWARD THE SECOND . Of his Acts before , and at his Coronation . EDward of Carnarvan , eldest Sonne of King Edward the first , succeeded him in the kingdome ; and never did Prince come to a Crowne with more applause of Nobility and People ; and there was good cause for it : For he had beene trained up in all good courses for Piety and Learning ; he had seene the Government of his Father , from whose Example he could not but have learned many good Lessons ; he had been initiated in the wayes of State , having beene left Governour of the Realme , and presiding in Parliament in his Fathers absence ; and he was now three and twenty yeares old , a fit age for bearing the weight of a Scepter ; and yet for all these advantages , there wanted not feares of him in the mindes of many , who could not but remember what prankes he had played not long before ; how he had broken the Bishop of Chesters Parke , and in most disorderly manner had killed his Deere , for which both himselfe had beene committed to Prison , and his Friend Pierce Gaveston banished the Realme : and if he did such things being but Prince , what might not be feared of him comming to be King ? For seldome doth advancement in honour alter men to the better ; to the worse often , and commonly then , when it is joyned with an Authority that sets them above controlement . Neither yet was their feare more out of what they had seene , then out of what they saw ; for where he should have endevoured to accomplish the charge his Father had given him in his death-bed , he seemed to intend nothing lesse : nothing more then wholly to breake it ; for he presently called home Pierce Gaveston from banishment ; and the two and thirty thousand pounds , which his Father had specially appointed for the Holy Warre ; either all or the most of it he be●towed upon Gaveston : and for carrying his Fathers bones with him about Scotland ; it had beene well if he had suffered them quietly to be laid at rest in England ; for after the Corps had beene kept above ground , sixteene weekes in the Abbey of Waltham , and that the Bishop of Chester , Walter Langton , the then Lord Treasurer , and Executor of his Fathers Will , was busie in preparing for his Funerals ; he sent the Constable of the Tower to arrest him , and imprison him at Wallingford , seising upon all his Goods , and giving them to Gaveston ; and all for old grudges . And ( that which seemed a high straine of incongruity ) before he had seene performed his Fathers Funerals , which was not till the 27. of October following ; he entred into Treatie of his owne Nuptials , forgoing over to Boleigne , on the two and twentieth of Ianuary , he marryed Isabell , the Daughter of Philip the Faire , King of France : which Marriage was honoured with the presence of foure Kings , the King of France himselfe , the King of Nav●rre his Sonne , the King of the Romans , and the King of Sicilie : and three Queenes besides the Bride , Mary Queene of France , Margaret the Dowager Queene of England , and the Queene of Navarre : and yet did Gavest●n exceed them all in bravery . This was observed by the Lords of England : and thereupon when his Queene and he came afterward to be Crowned , they went unto him , signifying what a hainous transgression of his Fathers will it was to call home G●veston ; and seeing the charge was no lesse given to them then to him , if he did not performe it they would ; and therefore unlesse he would remove Gaveston from the Court and kingdome , they would hinder his Coronation from proceeding : which strooke such a dampe to Prince Edwards spirits , to thinke what a disgrace it would be to him ; if so many of his great Friends being present , Charles of Valois , the King of Frances Brother , the Dukes of Britaine and Brabant , the Count of Luxenburg , who was afterward Emperor , the Duke of Savoy , the two Dutchesses of Brabant & Artois , with many other Princes and great Ladies , if now his Coronation should be called in question , that he solemnly swore he would do what they desired in the next Parliament , so they would be quiet now ; and thereupon , on the 24. day of February , in the yeare 1307. his Queene and he were both Crowned at Westminster , by the hands of Henry Bishop of Winchester , by Commission from Robert Arch-bishop of Canterbury , being then in Exile , and out of the kingdome : At which solemnity there was so great a presse of People , that Sir Iohn Blackwell knight was crowded to death . And now in the very Act of his Coronation , there was given another provocation to the Lords against Gaveston : for the King had appointed him to carry the Crowne of Saint Edward before him , ( the greatest honour could be done to a Subject ) which added to the other honours the King had done him , ( for he had made him Earle of Cornewall , Lord of Man , and Lord Chamberlaine ) so incensed the Lords , that they entred into consultation , how to suppresse this violence of the Kings affection ; which shortly after they put in execution . Portion in money King Edward had none with his Wife : but the King of France gave him the Dutchy of Guyenne , which he had seised upon before , as confiscate to him : and thereupon King Edward did him Homage for that Dutchy , and for the County of Ponthieu . Of his difference with his Lords about Gaveston . VVE shall have here no Quinquennium Neronis , no such five yeares , as Nero afforded in the beginning of his Raigne ; but this King at his first entrance will shew what he is , and what he will continue to be as long as he lives ; for though he tooke some great and grave men to be of his Councell , yet ( as appeared afterward ) he did it rather to the end they should be pliant to him , then that he had any meaning to apply himselfe to them ; For let them say what they would , Gaveston must be the Oracle ; all the Kings actions were but Gavestons impressions : And now Gaveston presently after the Coronation , to let the world be a witnesse of his worthinesse , and that the King had not bestowed his Favours upon him without cause ; caused to be published a Turneament at Wallingford : whither came all the great Lords of the kingdome , as Thomas Earle of Lancaster , Humfrey Earle of Hereford , Aymer Earle of Pembroke , and Iohn Earle of Warren , with many others , all Valiant men at Armes ; yet none had the honour of the day like to Gaveston . And thus farre he did well , if he could have stayed here , if having gotten true glory , he had not falne into vaine-glory : For the Lords envyed him not so much for his advancement in Honours , as they hated him for his insolency in Manners : for in a scornefull pride he would be casting scoffes upon them all , calling Thomas Earle of Lancaster the Stage Player , the Earle of Lincolne Burstenbelly ; ●imer de Valence Earle of Pembroke , Ioseph the Iew ; and Guy Earle of Warwicke , the blacke Dogge of Arderne ; which scoffes together with his other insolencies , drew such a party upon him , that in the next Parliament , the whole assembly obtaines of the King to draw Articles of their grievances : of which the chiefe were , that the great Charter of Magna Charta should be observed● that all strangers should be banished the Court and kingdome ; that the businesse of the State should be treated of by the Counsell of the Clergy and the Nobles ; and that the King should not begin any warre , nor goe out of the kingdome without consent of Parliament . Which Articles , though seeming harsh to the King , yet for avoyding of further inconvenience , he yeelds unto them ; and specially to the bani●hment of his Minion Gaveston , as hoping that would excuse him for all the rest ; and Robert of Winchelsey , Arch-bishop of Canterbury , lately called home from Exile , pronounceth Excommunication against all such as should oppose the Articles . Hereupon Gaveston is sent away into Ireland , where he lived awhile , not as a banisht man , but as Lieutenant rather of the Country , and indeed not unworthily ; for in the time of his being there , he is said to have made a Journey into the Mountaines of Dublin , and to have broken and subdued the Rebels there ; built New Castle in the Kerns Country , repaired the Castle of Kevyn , and passed up to Munster , and Thoumond : performing every where much service with great valour and worthinesse , that if he had stayed there but a while longer , he might perhaps by his desorts in Ireland , have redeemed his defects in England : but the King impatient of his absence , and asking advice what meanes might be used to recall him ; It was told him , that if he could but match him with the Earle of Glocesters sister , a man of such greatnesse , and so greatly beloved of the people , for his sake certainely no man would grudge at his comming home . Hereupon the King sends for Gaveston , and makes up the match betweene them , and marryed they were at Barkamstead ; but this did no good . For Gaveston still working upon the King in such manner , that he scarce left him meanes to sustaine himselfe , and as little to maintaine the Queene ; nothing being done but as Gaveston would have it ; put the Lords into a new discontentment ; who thereupon went againe to the King , and told him plainly , that unlesse he would put Gaveston out of the Court and kingdome , they would rise up in Armes against him as a perjured King. This put the King into a great strait : Loath he was to leave Gaveston , and fearefull he was to provoke the Lords ; in the end , his feare prevailing over his love , he was content he should be Banished , and in such sort Banished , that if ever he returned , or were found in the kingdome , he should be held , and proceeded against as an Enemy of the State. So once againe is Gaveston sent packing out of the kingdome , and goes into France , but found no safe Harbouring there : For the King of France hearing of it , gave strait charge , if he were found in his Dominions to apprehend him : Then he passeth into Flanders , but is there no sa●er then in France : After waving about , and finding no place to rest in safety , he returnes secretly into England , relying upon the Kings Love , and the Duke of Glocesters Favour . The King receives him as an Angell sent from Heaven , and to be out of the Lords Eye , goes a Journey to Yorke , taking Gaveston along with him , and there thinkes to be in quiet ; but the Lords hearing of it follow him thither , chusing for their Generall , Thomas Earle of Lancaster , a man possest of five Earledomes , Lancaster , Leycester , Ferrers , Lincolne , and Salisbury , besides the Liberty of Pickering , and the Honour of Cokermore , and other Lands in Wales ; and there was not a man of the whole Nobility that was not of the Party , but onely Gilbert Earle of Glocester , the Kings Sisters Sonne ; These Lords sent to the King , either to deliver Gaveston into their hands , or at least to send him peremptorily out of the kingdome . But the King led by ill Counsell , and little regarding the Lords Message , takes Gaveston with him to New-Castle upon Tine , thence to Tynmouth , where the Queene then lay , who ( though great with Childe , and entreating the King with teares to stay with her ) yet such was his desire to see Gaveston put into some place of security , that hearing of the Lords approaching , he tooke a Ship , and passed with Gaveston to Scarborough , and leaving him there in a strong Castle , not easie to be wonne , he went himselfe into Warwickshire ; perhaps that the Lords might see he had not Gaveston with him . But the Lords hearing where Gaveston was , assaulted the Castle with such violence , that Gaveston seeing no meanes to escape , was content to render himselfe ; requesting onely , that he might but once be allowed to see the Kings face ; and the King hearing he was taken , desired as much : to which the Earle of Pembroke consented ; and taking Gaveston into his custody , promised upon Forteiture of all he had , to have him forth-comming : but desiring to be with his Wife that night , who lay not farre off , at Dedington h● delivers him to his Servants to carry to Wallingford ; From whom , as they passed by Warwicke , the Earle of that place hearing of it , tooke him forcibly from his keepers , and brought him to his owne Castle . Where after long deliberation , whether it were wisedome to suffer Gaveston to speake with the King or no ; It was at last concluded to take of● his head ; which at a place thereby , called Blacklow , was presently put in execution . His Corps was carryed to Oxford , and kept there two yeares , till the King caused it to be brought to Longley , and there builded a Monastery of purpose , where his Soule should be prayed for . This Gaveston was the Sonne of a Gentleman of France , who had done good service for King Edward the first , in France ; and for his sake this Sonne of his was taken and brought up with the Prince : a man of excellent parts of body , and of no lesse Endowments of minde ; Valiant and Witty ; to which if we might adde Vertuous , he had beene compleate ; Though the Lords ( whether they had heard so , or whether they said it to weane the King from him ) told the King that his Father was a Traitor to the King of France , and for the same was executed ; and that his Mother was burnt for a Witch ; and that this Gaveston was banished out of France for consenting to his Mothers Witch-craft ; and that he had now bewitched the King himselfe . But why should the Lords be so violent against Gaveston ? might not the King place his Affection where he pleased ? Might he not make his owne choyce of what companion he liked ? No doubt he might ; and fit he should : but yet in this case , the Lords had great cause to doe as they did ; both in regard of the King , of themselves , and of the Common-wealth . It is true , if the Valour of Gaveston could as well have made the King Valiant , as his riot made him riotous ; there might some good have come of their extraordinary conjunction : but seeing Vertues are but personall , Vices onely are communicative ; it now made the King not onely more Vicious then otherwise he would have beene , but Vicious , where otherwise he would not have beene ; and therefore great cause in regard of the King , to remove Gaveston from his company ; and no lesse in regard of the Lords themselves ; For Gavestons advancing was their debasing ; his greatnesse with the King made them but Cyphers : but in regard of the Common-wealth , most cause of all ; For while the King was altogether ruled by Gaveston , and Gaveston himselfe was altogether irregular ; the Common-wealth could have but little hope of Justice , but was sure to suffer as long as Gaveston was suffered . And this may be sufficient to justifie the Lords , that it be not interpreted to be Rebellion , which was indeed but Providence . Of his Troubles with Scotland . ANd now we have seene two of the charges of his Fathers Will broken by the King , and punished in him ; the two and thirty thousand pounds appointed for the Holy Warre , bestowed upon Gaveston , and the King for it punished himselfe with want ; Gaveston called home from banishment , and the King for it punished with the losse of his Subjects love . It remaines to see how well he performed the third charge of his Fathers Will , for subduing of Scotland . It was now the sixth yeare after the death of his Father King Edward , and Robert Bruce now gotten to be King of Scotland , had stayed all this while to see how this new King Edward would prove : and when he found by the courses he held , that he was like to prove a good easie Enemy ; he thereupon tooke heart , and began to stirre , and in a very short time had brought almost all Scotland under his obedience ; and finding no opposition he entred the English Borders , tooke and burnt Townes ; that now King Edward , unlesse he would sit still , and suffer Bruce to come and pull his Crown from his head , he could not chuse but doe something to stop his proceeding . Hereupon he prepares an Army , but like himselfe , fitter for a Court then for a Campe : Many men , and great Bravery ; but readie● to take spoiles , then to make spoile : and accordingly they sped ; For going to raise the siege at Str●veling , defended for King Edward , by the valiant knight Philip Mowbray ; the Kings Army consisting of a hundred thousand , was defeated and overthrowne by the Scots Army , consisting of scarce thirty thousand : So true is that saying of an ancient Souldier ; There is more hope of an Army where the General is a Lion , though the Souldiers be but Sheepe ; then of an Army where the Generall is a Sheepe , though the Souldiers be Lions . But indeed the Scots , besides Valour , used Policy : For having in their owne Army none but Foot , no Horse at all , they had made Trenches in the Ground three foot deepe , covering them with Twigges and Hurdles , where the English Horsemen were to passe , who Floundring in those Trenches , were killed no lesse by their owne Fellowes then by the Enemy . In this Battell , called of Bannocks borough , were slaine the Lord Mawle , the Lord Clifford , the Lord Tiptoft , the Lord William Marshall , Sir Giles , Doctor Argenton , and seven hundred Knights and Squires , specially Gylbert Earle of Glocester , who had shewed much Valour that day ; and whom the Scots would willingly have kept for ransome ; if they had knowne him ; but he had forgotten to put on his Coate of Armes , whereby to be knowne . The slaughter of common Souldiers was certainely great , though perhaps not so great as Hector Boetius speakes of , who saith they were fifty thousand . There were taken Prisoners , Humfrey de Bohun Earle of Hereford , Iohn Seagrave , Iohn Claveringham , William Latimer , and Sir Roger Northbrooke , bearer of the Kings shield ; the King himselfe with the Bishops , the Earles of Hartford and Pembroke , and Hugh Spenser , saved themselves by flight ; Humfrey de Bohun Earle of Hereford , was afterward released in exchange for Bruces Wife , who had beene long kept a Prisoner in England . After this , many English fell away to the Scots , and all the North parts from Carlile to Yorke , came under their Subjection ; and the English grew so faint-hearted , and into such contempt , that three Scots durst venture upon a hundred English , when a hundred English durst scarce encounter with three Scots . And what can be thought the cause of this great dysaster to this King , but the want of his Fathers blessing for not performing the charge he gave him dying , which is commonly accompanyed with the want of a higher blessing , without which a Vacat is set upon the labours of men , that makes them all frustrate ? But Bruce , not satisfied with his Acquests in England , sends his Brother Edward into Ireland also ; who so farre prevailed , that many Irish came in unto him , and in the end Crowned him King of a great part of that Island , and so continued the space of three yeares ; till the Primat of Armagh , and the Lord Brinningham , Justiciar of Ireland , gathering Forces together opposed him , and in a Battaile taking him Prisoner , at Dundalke cut off his head , with the slaughter of many thousands of the Scots besides . With which the Scots are so incensed , that they invade againe the English Borders , forraging as farre as Yorke ; whereupon a Parliament is assembled at London , wherein an ayde is granted of Armed men to goe against them ; London sets forth two hundred , Canterbury forty , Saint Albons ten , and so proportionably for all Cities and Boroughs , whereby a great Army was levyed ; which comming to Yorke , through mutiny , emulation , and other impediments , was soone dissolved , and returned backe without effecting any thing . Not long after the Towne of Berwicke was betrayed to the Scots , through the treason of Peter Spalding the Governour , and other Englishmen ; whom the King of Scots to make them an Example , caused to be hanged for being Traitors to their Country . King Edward hearing of the surrendring of Berwicke , raiseth an Army , and beleaguers it ; but the Scots to divert his Forces , enter upon England by other wayes , and were like to have surprised the person of the Queene , lying then neare ●orke . The siege of B●rwicke is notwithstanding eagerly continued , and the King in great possibility to have regained the Towne , had not the Earle of Lancaster with his foll●wers withdrawne himselfe upon discontent , hearing the King say he would give the keeping thereof to Hugh Spen●●r the younger , who was now grown a speciall favourite of the Kings , and theref●r● not to be en●ured by the Earle . In the mean 〈◊〉 the Scots wonne the Castles of 〈…〉 , and Mid●ord ; so as they possessed the greater part of all North●mberland , burning all before them , 〈◊〉 they came to ●●●pon , which Towne they spoyled● and carrying there three dayes , they received ● thousand Markes to save the Towne from burning , as they had done the Townes of Nor●hallerton , Bor●ugh-bridg● and others . In their returning backe , they 〈◊〉 Knaresborough , and Shipton in C●●ven ; and all other afore them , carrying into ●●land a marvellous number of Cattell , besides prisoners , men and women● The● ●●●●shire men thus grievously endammaged , gather together to the number of ten thousand : and at the Towne of Mitton , tenne miles from Yorke , encounter the Sco●● where they lost three thousand of their men , and were defeated● which b●ttell , because of the many Spirituall men that were in it , was called the white battell . Whereof when the King heard● he left the siege of Be●wicke , to follow the Scots , but they returned another way . The yeare following , King Edward once againe with a great Army entred Scotland ; but the Scots having destroyed all afore , the King oppressed with famine was forced to re●urne● whom the Scots followed , and in a place of the Forest of Blackmore , se● upon him that he hardly escaped ; where were taken Iohn Earle of Britaine , and the Lord of Sil●ac● , the French Kings Embassadour , and many others . After this , King Edward finding the Scots either too strong , or too wily for him , made a Truce with them for two yeares , some say for thirteene . And this was the successe of this unfortunate King in his warres with Scotland . Of his tr●●bles at home . BUt his troubles abroad were not so grievous as those at home ; or rather , they were those at home that made his troubles abroad so grievous ; for though the Lords having made an end of Gaveston , and cut off his head , thought they had made an end of their need to beare Armes , and had cut off the head of all their discontents ; yet as if Gaveston had beene a Phoenix , as it were out of his ashes another Phoenix riseth presently up , and puts the Lords to as much trouble as ever Gaveston did . For now the younger Spenser upon a sudden growes as great a Favorite of the Kings as ever Gaveston was : and indeed in all points just such another , equall to him in goodlinesse of personage , in favour of the King , and in abusing the Lords , for though they were the Lords themselves that brought him at first in to be the Kings Chamberlaine , the rather ( as was thought ) because he was one whom the King did not love : yet being once in the place , he so wonne upon the King by diligent service , and by complying with the Kings humour ; that he brought the King at last to comply with his humour , and nothing must be done but as Spenser would have it . It seemes it was the Kings nature , that he could not be without a bosome friend ; one or other to be an Alter idem : and to seeke to remove such a one from him , was to seek to remove him from him selfe● as impossible a thing as to alter nature ; yet the Lords being more sensible of their owne grievance , to be insulted on by a Favourite , then of the Kings grievance to be affronted by his subjects , are more intentive to worke their owne ends then the Kings : and therefore to remove Spenser and his Father from the King , which they knew was a worke not to be done but by strong hand ; they continue their Armes , and conf●der●ting together , they send to the King , peremptorily requiring the confirmation and execution of the Articles formerly granted ; threatning withall , that unlesse he presently performe the same , they would constraine him to it by force of Armes : and thereupon assemble strong forces about Dunstable , where the King ●hen lay . The great Prelates of the kingdome , with the Earle of Glocester , labour to appease them , and with two Cardinals sent lately by the Pope to reforme these disorders : they repaire to Saint Alb●ns , and desire conference with the Lords , who receive them very peaceably ; but the Letters which the Pope had written to them , they refuse to receive , saying , they were men of the Sword , and cared not for reading of Letters ; that there were many w●rthy and learned men in the kingdome , whose counsell they would use , and not strangers , who knew not the cause of their commotion : so the Cardinals with this answer returned to London . But the Prelates of England●o ●o labour the businesse , that the Lords were content to yeeld up to the King such horses , treasure , and jewels , as they had taken of Pierce Gaveston at New-Castle , so as the King would grant their Petitions ; and thereupon Iohn Sandall Treasurer of the kingdome , and Ingelard Warle keeper of the Wardrobe , are sent to Saint Albons to receive those things at their hands . Shortly after a Parliament is called at London , wherein the King complaines of the great contempt was had of him by the Barons , their rising in Armes , their taking and murthering Pierce Gaveston , and such other affronts . Whereunto with one accord they answer , that they had not offended therein , but rather merited his love and favour ; having taken Armes , not for any contempt of his royall person , but to destroy the publike enemy of the kingdome , which otherwise would never have beene done . Which stout resolution of theirs , the Queene with the Prelates and the Earle of Glocester seeing , they seeke by all meanes to qualifie their heate ; and at length so prevailed with them , that they humble themselves to the King , and crave pardon for that they had done , which they obtained ; and the King receives them into grace , as his loyall subjects : grants them their Articles● and particular pardons by his Charter , for their Indemnity concerning the death of Gaveston : and for the greater shew of true reconcilement , Guy de Beauchamp Earle of Warwicke , is made of the Kings Counsell , though shortly after he ended his life , not without suspition of poyson ; as being a man much envied by such as possest the King. The King kept his Christmas at Clipston , and his Easter at Clarendon : and they seemed to be all good friends , but this reconcilement of the King with his Barons , was but as the covering of fire with ashes , every little wind that blew , made it breake out into flames afresh ; & the time being so unsetled as it was , it was impossible but such winds would continually be blowing . It was such a wind blew , when the great Earle of Lancaster had his wife ( a Lady who had lived with him alwayes in good fame ) taken out of his house at Canford in Dorsetshire● by one Richard Saint Martin● a deformed lame Dwarfe , who challenged her to be his wife , and that he had lien with her before the Earle married her● and this wind was made to blow the stronger , by the Ladies owne confession ; for upon examination , she voluntarily averred , it was all true : and thereupon the o●gly fellow in her right claimed the two Earledomes of Lincolne and S●lisbury , which he durst not have done● if he had not beene back'd with great Abettours : and it was not without aspersion upon the King himselfe . It was another such wind blew , when at the Feast of Pentecost , at dinner in the open Hall at Westminster ; a woman fantastically disguised , entred on horsebacke , and riding about the Table , delivered the King a Letter , wherein was signified the great neglect he shewed of such as had done him and his Father noble services , taxing him for advancing men of unworthy parts , and such other complaints ; which Letter read , and the woman departed , put the King into a great rage ; they who guarded the doore being sharply reprehended for suffering her to enter in such manner , answered , It was the fashion of the Kings house in times of Festivals , to keepe out none that came as this woman did , to make sport . Search being made for the woman , she is found and examined who set her on ; she confessed a knight gave her money to doe it ; the knight is found , and upon examination , boldly answered , he did it for the Kings honour , and to no other end ; and thereupon escaped without further trouble . It was such another wind blew , when a knight was taken passing by Pomfret , with Letters sealed with the Kings Seale , directed to the King of Scots , about murthering the Earle of Lancaster ; which messenger is executed , his head set upon the top of the Castle , and the Letters reserved to witnesse the intended plot . Which whether it were fained , or true , the report thereof reflected upon the King , and made many to take the Earles part . It was such another wind blew , when a fanatick fellow , one Iohn P●●dras , a Tanners sonne of Exeter , gave forth , that himselfe was th tr●e Edward , eldest sonne of the late King Edward the first , and by a false Nurse was changed in his Cradle , and that the now King Edward was a Carters son , and laid in his place : but this wind was soone blowne over , when at his death , being drawne and hanged , he confessed he had a Familiar Spirit in his house in the likenesse of a Cat , that assured him he should be King of England , and that he had served the said Spirit three yeares before to bring his purpose about . But most of all , it was such a wind blew , when a Baron named William Brewis , having wasted his estate , offers to sell unto divers men , a part of his inheritance called Powis . Humphrey 〈◊〉 Earle of Hereford , obtaines leave of the King to buy it , & bargains for it . The two Roger M●rtimers , Unkle and Nephew , great men likewise in those parts , not understanding , it seemes , any thing of the former bargaine , contract also for the same Land with the said Sir William Brewis . Hugh Spenser the younger , hearing of this sale , and the land adjoyning to part of his , obtaines a more speciall leave of the King , being now his Chamberlaine , and buyes it out of their hands . The Earle of Her●ford complaines hereof to the Earle of Lancaster : who thereupon at Sherbourne enters into a new confederation with divers Barons there assembled , taking their Oaths intermutually , to live and die together in maintaining the right of the kingdome ; and to procure the banishment of the two Spens●r● , father and sonne , whom they now held to be the great seducers of the King , and oppressours of the State , disposing of all things in Court at their pleasure , and suffering nothing to be obtained but by their meanes : and under this pretence they take Armes , and comming armed to Saint Albons , they send to the King , being then at London , the Bishops of London , Salisbury , Hereford , and Chichester , ( who were there assembled to consul● for peace ) requiring him as he tendred the qu●et of the Realme , to rid his Court of those Traitours , the Spensers , condemned in many Articles of high treason by the communalty of th● Land ; and withall to grant his Letters Patents of pardon and indemnity both to them and all such as tooke part with them . The King returnes answer , that Hugh Spenser the father was now beyond the Seas , imployed in his businesse , and his sonne was guarding the Cinque-ports according to his office ; and that it was against Law of Custome they should be banished without being heard : and withall swore , he would never violate the Oath made at his Coronation , by granting Letters of pardon to such notorious offenders , who contemned his person , disturbed the kingdome , and violated the royall Majesty . Which answer so exasperated the Lords , that presently they approached to London , and lodged in the Suburbs , till they had leave of the King to enter into the City , where they peremptorily urge their demands : to which at length by mediation of the Queene , and the chiefe Prelates , the King is wrought to condescend , ●nd by his Edict , published in Westminster Hall , by the Earle of Hereford , the Spensers are banished the kingdome . Hugh the father hearing it , keepes beyond the Seas , but the sonne secretly hides himselfe in England , expecting the turne of a better season . And indeed shortly after , the Arch-bishop of Canterbury in a Councell holden at London , pronounceth the banishment of the Spensers to have beene erronious ; and thereupon the Edict is revoked , and the Spensers are called home , and se● in as great authority as they were before . But the Lords having thus obtained their desire , with the Kings Letters of indemnity returne home , but yet not with such security as to give over the provision for their owne defence . Not long after there fell ou● an unexpected accident , that suddenly wrought the Lords confusion . The Queene making her progresse towards Canterbury , intended to lodge in the Castle of Leedes , belonging to the Lord Badlesmer , ( who had beene long the Kings Steward , but now tooke part with the Lords ) and sending her Marshall to make ready for her and her traine ; they who kept the Castle told him plainely , that neither the Queene , nor any else should enter there without Letters from their Lord. The Queene her selfe goes to the Castle , and receives the like answer ; whereupon she is driven to take such lodging otherwhere as could be provided . Of which indignity she complaines to the King ; who tooke it so to heart , that presently with a power of armed men out of London , he laies siege to the Castle , takes it , hangs the keeper Thomas C●●epepper , sends the wife and children of the Lord Badlesmer to the Tower , and seiseth upon all his goods and treasure . And having this power about him , and warmed with successe and the instigation of the Queene , suddenly directs his course to Chi●hester , where he keepes his Christmas , and there provides for an Army against the Barons : whereof many ( seeing the Kings power encreasing ) lef● their Associats , and yeeld themselves to his mercie : amongst whom were the two Roger Mor●i●●rs , men of great might and meanes ; the Lord Hugh Audely , the Lord M●●rice Barkely , and others : who notwithstanding , contrary to their expectation , were sent to divers Prisons . The Earles of Lancaster and Hereford seeing this sudden change , withdrew themselves and their companies from about Glocester , towards the North-parts : whom the King followes with his Army ; wherin were the Earles of Ath●ll & Angus ; and at Burton upon Trent , where they had made a head , discomfited their forces , and put them to flight . In the meane time the Earle of Lancaster had sent into Lancashire a knight of his , named Robert Holland , ( one whom he had brought up of naught ) to raise more forces amongst his Tenants ; but he hearing of this flight of his Lords , goes with his forces to take the Kings part ; which so dismaies the Earle , that he beganne now to thinke of suing to the King for grace ; but being in the way , at a Towne called Borough-bridge , was there set upon by Sir Simon Warde Sheriffe of Yorke , and Sir Andrew Harkeley Constable of Carlile , who utterly defeat his forces : In which fight was slaine the Earle of Hereford , ( who fighting valiantly upon a Bridge , was by a Varlet skulking under the Bridge , thrust with a Speare into the fundament ) Sir Roger Benefield , Sir William Sulland and others ; there was taken the Earle of Lancaster , Sir Roger Clifford , Sir Iohn M●wbray , Sir Roger Tuckets , Sir William Fits-Williams , with divers other , and were led to Yorke . This field was fought the fifteenth day of March , in the yeare 1320. It was not long ●fter that Sir Hugh Daniell , Sir Bartholomew de Baddelsmer were taken . Three dayes after the Earle of Lancaster is brought to Pomfret , where the King sitting himselfe in judgement with Edmund Earle of Kent his brother , the Earle of Pem●●●ke , the Earle Warren , Hugh Spencer , lately created Earle of Winchester , and others ; sentence of death is given against him , to be drawne , hanged , and beheaded as a Traitor . The two first punishments are pardoned , in regard he was of Royall bloud : onely beheaded he was the same day without the Towne of Pomfret , before his owne Castle . To speake of the Miracles said to be done by him after his death , might be fit for a Legend , but not for a Chronicle , and therefore I omit them . By the like judgement were condemned , the Lord Clifford● the Lord Warren Lisle , the Lord William Tuchet , Thomas Maudit , Henry Bradburne , Willi●m Fits-Williams , William Lord Cheyney , Thomas Lord M●wbray , Ioceline Lord Danill , all which were executed at Yorke . Shortly after , the Lord Henry Teyes is taken , drawne , hanged , and quarter●d at London ; the Lord Aldenham at Windsor ; the Lords Baddlesmere and Ashburton at Canterbury : at Cardiffe in Wales , Sir William Flemming ; at Bristow , Si● Henry Womington ; and Sir Henry Montford Bannerets ; at Glocester , the Lord Clifford● and Sir William Elminbridge , principall men in principall places , to spread the more ●e●rour over the kingdome : all their estates and inheritances are confiscated , and ●●ny new men advanced by the same . And this is the first bloud of Nobility that ever was shed in this manner in England since William the Conquerour . But not long after , the King in a calmer humour , beganne to have a sense o● the Earle of Lancasters execution , which he discovered upon this occasion : some ●bou● him making earnest suite for a Pardon to one of the Earles followers ; and pre●●●ng the King hard to it , he fell into a great p●ssion , excl●iming ●g●inst them as unjus● and wicked Counsellours , who would urge him to save the life of a notorious V●●let , and would not speake one word for his neare kinsman , the Earle of Lancaste● : who ( said he had ) he lived , might have beene use●ull to me , and the whole kingdome ; but this fellow the longer he lives , the more mischiefe he will doe , and therefore by the soule of God , he should die the death he had deserved . Sir Andrew Harkeley , who was the man that tooke the Earle of Lancaster prisoner , being advanced for his service to the Earledome of Carlile , enjoyed his honour but a while ; for the next yeare after , either thrust out into discontent by the Spensers , envying his high preferment , or combining with the Scots , upon hope of a great match , ( as he was accused ) he is degraded of all his honours ; drawne , hanged , and quartered at Lond●n for Treason . But now the King of France summons King Edward to come and doe his homage for Gascoyne ; and he not comming , all his Territories in France are adjudged to be forfeited , and many places of importance are sei●ed on by the French. Hereupon a Parliament is called , and it is by common consent of all agreed , that the King should not goe in person himselfe , in regard of the distraction of the times , but should send some speciall man to excuse his appearance ; whereupon Edmund Earle of Kent the Kings brother is sent , but to little effect . Then it is thought fit the Queene should goe , and indeed the Queene went ; but what was the cause of her going , there is amongst Writers great variance : some say she was sent by the King to accommodate this businesse , which she negotiated so well , as that all quarrels were ended , upon condition the King should give to his sonne Edward , the Dutchie of Aquitaine , with the Earledome of Ponthieu , and send him over to doe his homage for them ; which after many consultations● the King is wrought to yeeld unto ; and the Prince is sent with the Bishop of Exeter and others to the Court of France accordingly : but others say● she went out of discontent , to complaine to her brother the King of France , for wrongs offered her by the Spensers , who had so alienated the Kings minde from her , that he would scarce come where she was , nor allow her fit maintenance for her calling . But whatsoever was the cause of her going● there appeared no cause of her staying , but that she had gotten into her company , Roger Mortimer Lord of Wigm●re , a gallant young Gentleman● whom she specially favoured , lately escaped out of the Tower of London , by giving his keepers ( as was said ) a sleeping drinke . And withall , the Bishop of Exeter perceiving some plots to be in hand , and their close consultations made without him , withdrawes himselfe secretly , and discovers to the King what he observed in their courses . Whereupon the King sends presently for the Qu● and Prince , and solicits the King of France to hasten their return ; which when he saw was neglected and delaied , he caused them openly to be proclaimed enemies to the kingdome , banished them and all their adherents out of the Land : and withall causeth all the Ports to be strongly kept ; and sends three Admirals to attend in severall Coasts to hinder their landing . It was not without suspition , that as the King for love of the Spensers , had his minde alienated from loving the Queen ; so the Queen for love of M●rtimer , had her minde alienated from loving the King , and therefore having him with her , c●red not how long she staied . However it was , when the Queene heard of the Kings Proclamation , she knew there was no returning for her into England without some good assistance : whereupon soliciting her brother the King of France , he aided her with men and money ( say some : but others , that he refusing to aide her , as being wrought under hand by the Spensers against her ; she left the French Court , and went into Heynault , to the Earle of that Countrey , who upon a contract betweene her sonne Prince Edward and Philippa the Earles daughter●●ided her with a competent Army , under the conduct of his brothe● Iohn : and with them and her beloved Mortimer , she tooke shipping and landed at Orwell , a Port neare unto Harwich in Suffolke : where presently came to her the Earle Marshall , Henry Earle of Leycester , and Henry Earle of Lancaster with the wry neck , called T●rtc●ll , with many other Lords and Bishops . The King at this time being at London , and hearing of the Queenes landing with such forces , and chiefely how all the Realme ranne flocking to her , was ●uddenly strucken into a great amazement ; and though he had his great Counsellours the Spensers about him , yet now he found what little good th●ir counsel could do him : and indeed in this case , what should he , or what could he do ? To stay in London was apparent danger , for he plainely saw the Lond●ners to be more inclining to take the Queenes part then his ; and to goe from London to any other place was as unsafe , all places being possest eithe● with certaine Enemies or uncertaine Friends● at last the Isle of Lundy is thought of , a place plentifull of provision● abounding with Conies , Fish and Fowle , and the Island of hard accesse , as having but one place in it where it could be entred , and that so narrow , that a few might easily keepe out many ; upon this place he resolves● and taking with him the Earle of Glocester , the Spensers , and Robert ●ald●cke , with some fe● others , he ●akes shipping , but by contrary windes is driven backe , and raine through Tempests to land in Wales , and there in the Abbey of Neth in 〈◊〉 kept himselfe close . In the meane time the Queene was come to Oxford where Ad●m Bishop of Hereford Preaching tooke for his Text , Caput meum dol●● , and thereupon inferred , that the kingdome being now deadly sicke of its head , it was fit to remove that head , and put a sounder in the place . At this time also , th● L●●d●ners to shew their love to the Queene , seised upon Walter Staplet●n the good Bishop of Exceter and Lord Treasurer of England , left Governo●r the●● by the King , and with great despight beheaded him , as also divers others , onely because they favoured the King. In the meane time , the Queene went from Oxford to Glocester , and from thence to Bristow , where Hugh Sp●ncer the Father was , a man of fou●escore and ten yeares old , who is there taken , and without examination or Judgement , in most cruell manner Executed , having his heart pulled out of his body being yet alive , and his body left hanging upon the Gallowes . After this the Queene stayed at H●reford the space of a moneth● and then dividing her Army , she sends one part of it , under the Conduct of Henry Earle of Lancaster , and Ryce a Powell a Clerke , ●o find out the King : and this Ryce being a Welsh●an , and knowing th● Country well , brought the Earle to the Monastery of N●th● where the King was , whom they there take together with Spenser the Sonne , Rober● Bald●cke , and Simon of Reading . The King is by the Bishop of Hereford committed to the custody of the Earle of Leycester : where all that Winter he was used no worse then was fit for a captive King. But Edmund Earle of Arundell , Iohn Daniel , and Th●m●● Micheldens , at the instance of Mortimer , are all three beheaded . Presently after is Hugh Spenser the younger , who was now Earle of Glocester , drawne , hanged and quar●e●ed , his head sent up to be set upon London Bridge , and his foure quarters bestowed in severall Cities . The like is done with Simon of Reading , but Robert Baldocke is committed to New-Gate , against whom , when no just cause of death could be found , there was used so much cruelty in his imprisonment , that he shortly after dyed . Presently after Christmas a Parliament is called , wherein it is agreed to depose the King , and set up his Sonne ; which he hearing refused it , unlesse his Father would freely resigne ; whereupon are appointed three Bishops , two Earles , two Abbots , foure Barons , and of every City a Burgesse , to goe to the King ; ( in custody then at Kenelworth ) The Bishops were , Iohn of S●ratford Bishop of Winchester , Adam Torleton Bishop of Hereford , and Henry Bishop of Lincolne . But the Bishops of Winchester and Lincolne , getting to the King before the rest came , perswade the King to resigne his Crowne to his eldest Sonne ; cra●tily promising him he should have as good maintenance afterward , as ever he had when he was King. And contrarily threatning him , that if he did it not , the people would exclude both him and his Sonne too , and m●ke a King of another Race . By these promises and threatnings , the meeke King is drawne to yeeld to the Bishops mo●●on ; but when afterward the Bishop of Hereford , and the other Commissioners came , and were sate in a place appointed to take his Resignation , the King comming forth amongst them in mourning Robes , upon a sudden fell downe in a swound● in whom the Earle of Leycester , and the Bishop of Winchester , had much ado● to recover life ; but then the Bishop of Hereford rising up , delivered the cause of their comming , as the other Bishops before had done . To which ●he King answered , that as he much grieved his People should be so hardned against him as utterly to reject him ; so it was some comfort unto him , that they would yet receive his Son to be their Soveraigne . After this , Thomas Blunt knight , Steward of the Kings house , brake the Staffe of his Office ; and William Tr●ssell Speaker of the Parli●ment , in name of the whole kingdome , pronounced a Forme of Renouncing all Allegeance to Edward of Carnarvan . Here Caxton writes , that from the time of this Kings Deposing , which was in December , to the time of his Sonnes Crowning , which was not till Candlemas following , all Pleas of the Kings Bench were stayed , and all Prisoners , arrested by Sheriffes , commanded to be set at liberty ; which seemes to have little probability , seeing his Sonne Edward presently upon his Deposing was received for King : But howsoever so great a Dowre was then assigned to Queene Isabel , that scarce a third part of the Revenues of the Crowne is le●t for the new King and his Wife : And to the late King is allowed a hundred Markes ● moneth for his maintenance ; with which he lived with his Cousin the Earle of Leycester , in good plenty and contentment for a time ; onely this grieved h●m most of all ( he said ) that the Queene his Wife would never be gotten to come to see him : For he swore most devoutly that from the time he first saw her face , he could never like of any other Woman . By which it may appeare , that neither Gaveston no● the Spensers had so debauched him , as to make him false to his bed , or to be disloyall to his Queene . But the Queene being hardned against him , and conceiving he had too great Liberty under the Earle of Leycester , by advise of her pestilent Counsellour , Adam Torleton Bishop of Hereford , appoints Thomas Go●rney , and Io●● Matrevers knights , to take him from the Earle into their owne Custody , and to carry him whither they thought good ; who thereupon take him from Kenelw●rth , and carry him first to Corfe Castle , and from thence to Bristow , where they shut him in the Castle ; till upon knowledge of a Plot laid to get him out , and send him beyond Sea , they tooke him in the night and carryed him to B●rkeley Castle , where by the way they abused him most inhumanely , as Sir Thomas de la More a knight of Glocestershire in his Life relateth : For to the end he should not be knowne , they shaved his Head and Beard , and that in most beastly manner ; for they took him from his Horse and set him upon a Hillocke , and then taking puddle water out of a Ditch thereby , they went to wash him , his Barber telling him that cold water must serve for this time : whereat the miserable King looking sternely upon him , said , That whether they would or no , he would have warme water to wash him : and therewithall to make good his word , he presently shed forth a showre of teares . Never was King turned ou● of a kingdome in such a manner ; Many kingdomes have beene lost by the chance of Warre , but this kingdome was lost before any Dice were cast ; no blow strucke , no Battell fought ; done forcibly , and yet without force ; violently , and yet with consent ; both parties agreed , yet neither pleased ; for the King was not pleased to leave his kingdome , and the Queene was not pleased to leave him his life ; it was not safe to leave him a part , by which he might afterward recover the whole ; and therefore this was the marke now aimed at , having taken away his kingdome openly , how they might take away his life secretly ; be the Authours of it , and not be seene in it ; but this must be the Contents of a Chapter hereafter . Of his Taxations . BY this King it appeares , there is something else besides the grievance of Taxations , that alienates the mindes of English Subjects from their King ; for never were fewer Taxations then in this Kings time , yet never were the Subjects minds more alienated from their King , then they were from him . Before his Coronation , in a Parliament holde● at Westminster , ●●ere was granted him a fifteenth of the Clergy , and a twentieth of the Temporalty . In his fifth yeare in a Parliament at L●●don , was granted him a fifteenth of the Temporalty . In his fifteenth yeare was granted the sixth pen●y of temporall mens Goods , through England , Ireland , and Wales , towards his Warre● with Scotland . And more then these we reade not of : but then at the defeate of the Earle of Lancaster , there were Confiscations that supplyed the place of Taxations , by which ( as one saith ) he became the richest King that had beene since the Conquest . Of his Lawes and Ordinances . HE Ordained that the moneyes of his Father , though counted base by the People , should be currant . In the eight yeare of his Raigne , by reason of a dear●h which raised the price of all Victuals , it was Ordained by Parliament , that an Oxe fatted with grasse , should be sold for fifteene shillings ; fatted with Corne , for twenty ; the best Cow for twelve shillings ; a fat Hogge of two yeares old , three sh●llings foure pence ; a fat Sheepe shorne , foureteene pence , with the Fleece , twenty pence ; a fat Goose for two pence halfe-penny ; a fat Capon two pence ; a fat Hen a penny ; foure Pigeons a penny ; whosoever sold for more , should forfait their Ware to the King. But after these Rates imposed , all kinde of Victuals grew so scarce , that provision could hardly be made for the Kings house ; whereupon shortly after , the Order was revoked , and Market Folkes permitted to make the best of their Wares . In this Kings time an Ordinance was made against knights Templars , accused of Heresie and other crimes , and they were all apprehended , and committed to divers Prisons . The like was done by all the Kings of Christendome , at one instant , being condemned in a Generall Counsell at Vienna . In the 14. yeare of his Raigne , on the 15. of October , the Clerkes of the Exchequer went towards Yorke with the Booke called Domus Dei , and other Records and Provision that laded one and twenty Carts , but within halfe a yeare they were brought backe againe . Affaires of the Church in his time . IN the 17. yeare of his Raign the Bishop of Hereford was arrested● accused of High Treason , for aiding the Kings enemies in their late rebellion ; but he refu●ed to answer , ( being a consecrated Bishop ) without leave of the Arch-bishop of Canterbury , whose Suffragan he was , ( and who he said was his direct Judge , next the Pope ) or without the consent of his fellow Bishops : who then all arose , and humbly craved the Kings Clemency in his behalfe ; but finding the King implacable , they tooke him away from the Barre , and delivered him to the custody o● the Arch-bishop of Canterbury : shortly after , he was againe taken and convented as before , which the Clergy understanding , the Arch-bishops , Canterbury , Yorke , and Dublin , with tenne other Bishops , all with their Crosses erected , went to the place of Judgement , and againe tooke him away with them ; charging all men , upon paine of Excommunication , to forbeare to lay violent hands upon him ; with which audacious Act , the King was so much displeased , that he presently commanded inquiry to be made ex Officio Iudicis , concerning those Objections against the Bishop ; wherein he was found guilty , though absent , and had all his Goods and Possessions seised into the Kings hands . In this Kings time the Crowchet Fryers came first into England . In his time , Pope Iohn the two and twentieth , first Instituted the Feast of Corpus Christi ; begunne before by Urban the fourth . Workes of piety done by him , or by others in his time . THis King founded Oriall Colledge , and Saint Mary Hall in Oxford : He builded ● Church of Fryers at his Manour of Langley , where the soule of Gaveston , should b● prayed for . In this Kings twentieth yeare , Richard Rothing Sheriffe of London b●●lded the Parish Church of Garlickhithe in London . Ralph Baldocke Bishop of London gave two thousand Markes to the building of the new Worke of the Chappell , on the South side of Pauls Church : And left much more by his Testament . Casualties . IN the eighth yeare of this Kings Raigne , was so great a dear●h , that Horses and Dogges were eaten , and Theeves in prison pluckt in peeces those that were newly brought in amongst them , and eate them halfe alive ; which continuing three yeares , brought in the end such a pestilence , that the living scarce sufficed to bury the dead . In the fourth yeare of his Raigne , the Church of Middleton in Dorsetshire , with all the Monuments , was consumed with Lightning , the Monkes being at Mattins . In this Kings time , digging the Foundation of a worke about Pauls , were found more then a hundred heads of Oxen and kine , which confirmed the opinion , that of old time it had beene the Temple of Iupiter , and that there was the Sacrifice of Beasts . Of his Wife and Children . HE marryed Isabel Daughter of Philip the Faire , King of France , she being but twelve yeares of age ; who lived his Wife twenty yeares , his Widdow thirty , and dying at threescore and three yeares old , at Rysings neare London , was buried in the midst of the Gray Fryers Quire in London . By her he had issue two Sons and two Daughters : his eldest Sonne named Edward of Windsor , because borne there , succeeded him in the kingdome . His second Sonne named Iohn of Eltham , because borne there , was at twelve yeares old created Earle of Cornwall : he dyed in Scotland , in the flowre of his Youth , unmarryed . His eldest Daughter Ioane , being a childe , was marryed in the fourth yeare of King Edward her Brother , to D●vid Prince of Scotland , Sonne to King Robert Bruce , at seven yeares old , who comming afterward into England to visit her Brother , dyed here , and was buryed at the Gray Fryers in London . His second Daughter Eleanor , was marryed to Reginold the second Earle of Gelder , with a portion of fifteene thousand pounds , and had issue by him two Sonnes , who were Earles successively . Of his Personage and Conditions . HE was faire of body , and of great strength , but given much to drinke , which made him oftentimes bewray his owne Secrets ; For his other conditions , his greatest fault was , that he loved but one , for if his love had beene divided , it could not have beene so violent . He was extreame in nothing but in loving ; and though love moderated , be the best of affections , yet the extremity of it is the worst of passions . He was rather unfortunate then unhappy ; seeing unfortunatenesse is in the Event , unhappinesse in the Cause ; and if his fortune had beene to love good men , his owne goodnesse would have made him happy . Two Vertues were eminent in him above all his Predecessours , Continence , and Abstinence : So continent that he left no base issue behind him ; So abstinent , that he tooke no base courses for raising of money . They who despised him being alive , so much honoured him being dead , that they could have found in their hearts to make him a Saint . Of his Death and Buriall . MAny wayes were attempted to take away his life : First , they vexed him in his dyet , allowing him nothing he could well endure to eate , but this succeeded not . Then they lodged him in a chamber over carion and dead carkasses , enough to have poysoned him ; and indeed he told a workman at his window , he never endured so great a misery in all his life , but neither did this succeed : Then they attempted it by Poysons , but whether by the strength of his constitution , or by the Divine Providence , neither did this succeed . At last the pestilent Achit●phel , the Bishop of Hereford , devised a Letter to his keepers , blaming them for giving him too much liberty , and for not doing the service which was expected from them : and in the end of his Letter wrote this line , Edwardum Octidere ●●lite timere bonum est : Craftily contriving it in this doubtfull sense , that both the keepers might find sufficient warrant , and himselfe might find sufficient excuse . The keepers guessing at his meaning , tooke it in the worst sense , and accordingly put it in execu●ion ; they tooke him in his bed , and casting heavy bolsters upon him , and pressing them hard downe , stifled him ; and not content with that , they heated an iron red hot , and through a pipe thrust it up into his Fondament , that no markes of violence might be seene ; but though none were seene , yet some were heard ; For when the Fact was in doing , he was heard to roare and cry all the Castle over . Gourney and Matrevers , his murtherers , looking for reward , had the reward of murtherers : For the Queene and Bishop Torleton disavowing the command , threatned to question them for the Kings death : whereupon they fled beyond Sea ; and Gourney after three yeares being taken in France , and sent into England , was in the way upon the Sea beheaded . Matrevers flying into Germany , had the grace to repent , but lived ever after miserably . Thus dyed this King in the yeare 1327. more then halfe a yeare after his deposing ; when he had Raigned almost 19. yeares , lived 43. His body was c●rryed to Glocester , and there without any Funerall Pompe buryed in the Monastery of Saint Peter , by the Benedictine Fryers . Of Men of note in his time . IN this Kings time , of Martiall men were many , whose Acts have beene spoken of in the late Kings life . Of Learned men , also many , as Iohn Duns the great Logician , called Doctor Subtilis , borne in Northumberland , at Emildune a Village three miles distant from Al●wi●ke ; though both the Scots and the Irish challenge him for thei●s . Robert Walsingham a Carmelite Fryer , who wrote divers Treatises . Robert Baston borne in Nottingham-shire , a Carmelite Fryer of Scarborough , whom King Edward tooke with him into Scotland , to write some Remembrances of his victories ; but being taken by the Scots was constrained by Robert Bruce to write Remembrances of his overthrowes . William Rishanger , a Monke of Saint Albans , an Historiographer ; Ralph Baldocke Bishop of London , who wrote a History intituled Historia Anglica ; Iohn Walsingham , a Carmelite Fryer , who wrote divers Treatises ; Nicholas de Lyra a Jew by birth , who wrote many excellent Treatises in Divinity ; William Ockam a Fryer Minor , who wrote divers Treatises , and namely against Iohn Duns , and also against Pope Iohn the 23. in favour of the Emperour Lewis of Bavaria ; Thomas Haselwood , a Canon of Leedes in Kent , who wrote a Chronicle , called Chronicon compendiarium ; Robert Perscrutator , borne in Yorkeshire , a blacke Fryer and a Philosopher , or rather a Magician ; and lastly , though not least worthy to be remembred , Iohn Mandevile , the great Travellour , a Doctor of Physicke , and a Knight . THE LIFE and RAIGNE OF KING EDWARD THE THIRD . Of his comming to the Crowne , and Acts done in his minority . EDward of Windsor , eldest sonne of King Edward the second , by Order of Parliament , upon his Fathers Resignation , was proclaimed King of England , on the five and twentieth day of Ianuary , in the yeare 1327. and because he had not yet received the Order of knighthood , he was by Henry Earle of Lancaster gi●t solemnly with the Sword ; and on the first day of February following , was Crowned at Westminster by Walter Reginolds Archbishop of Canterbury : and thereupon a generall Pardon is Proclaimed , which hath since beene used as a Custome with all the succeeding Kings : that at their first comming to the Crowne , a Generall Pardon is alwayes granted . And because the King was under age , scarce fifteene yeares old ( though Froyssard saith he was then Eighteene ) there were twelve appointed Governours of him and the kingdome● namely the Arch-bishops of Canterbury and Yorke , the Bishops of Winchester , Hereford , and Worcester ; Thomas of Brotherton , Earle Marshall , Edmund Earle of Kent , the Kings Unkles ; Iohn Earle Warren , Thomas Lord Wake , Henry Lord Percie , Oliver Lord Ingham , and Iohn Lord Rosse : but though these were appointed and bore the name , yet the Queen and Roger Mortimer tooke all the authority to themselves . The first action that was undertaken , was an expedition against the Scots ; for Robert Bruce , though now old and sickly , and ( as was said ) Leprous : yet considering the youth of the new King , and the distractions of the kingdome , thought it now a ●it time to doe some good upon England : and entring the English borders with an Army , sent defiance to King Edward : whereupon an Army is raised , and the Heyna●lders ( whom the Queen had brought over ) are joyned with the English ; but a variance falling out betweene the two Nations , made the action not successefull . For the Kings Army encountring the Scots at Stanhope Parke in Weridall in the Bishopricke of Durham , though three times as many as the Scots , as being thirty thousand ; yet through this variance , but more through treason of some great men , suffered them all to escape their hands , and the Scots returned home in safety , the English with dishonour : and after this , the English seeing the Heynaulders could doe them no good , sent them away to their owne Countrey . In King Edwards second yeare , his marriage with Philippa of Heynault is solemnised , ( a dispensation being first gotten , because of their nearenesse in bloud ) and a Parliament is holden at Northampton , where the King made three Earles : Iohn of Eltham his brother , Earle of Cornwall ; Roger Mortimer , Earle of March , and Iames Butler of Ireland , Earle of Ormond : and in this Parliament a dishonourable peace is concluded with the Scots , and confirmed by a match betweene David Bruce Prince of Scotland , being but seven yeares old , and Ioane sister to King Edward , not so old ; at which time , by the secret working of Queene Isabell , Roger Mortimer and Sir Iames Dowglasse ; the King surrenders by his Charter , all his title of Soveraignty to the Kingdome of Scotland , restores divers Deeds and Instruments of their former Homages and Fealties , with the famous Evidence called Ragmans Roll , and many ancient Jewels and Monuments , amongst which was the blacke Crosse of Scotland ; and besides , any English man is prohibited to hold lands in Scotland , unlesse he were a dweller there . In consideration whereof King Bruce was to pay thirty thousand Markes , and to renounce his claime to the Counties of Cumberland and Northumberland , and any other place possessed by him in England . This was no good beginning , and yet worse followed after . For another Parliament being holden at Winchester , Edmund Earle of Kent , the Kings Unkle , is there accused , and condemned upon his confession , for intending to restore his brother , the late King Edward ; an intention onely without any fact ; yet condemned he was , and brought to the Scaffold , but generally , so beloved of the people , that he stood on the Scaffold from one a clocke till five , before any executioner could be found that would doe the office , till at last a silly wretch of the Marshalsey was gotten to cut off his head . But the Authors of his death escaped not long themselves , for in the third yeare of the Kings Raigne , another Parliament is holden at Nottingham , wherein the Queen hath all her great Joynture taken from her , and is put to her Pension of a thousand pounds a yeare , and her selfe confined to a Castle , where she remained the rest of her dayes , no fewer then thirty yeares , a time long enough to finde that her being the daughter of a King , the sister of a King , the wife of a King , and the mother of a King , were glorious titles , but all not worth the liberty of a meane estate ; and as for Mortimer , ( lying then in the Castle of Nottingham ) and lately created Earle of the Marches of Wales ) he was seised on in this manner ; the King taking with him William Montacute , Robert Holland , and others , goe secretly one night by Torch-light , through a privie way under ground , till they came to the Queenes Chamber , where leaving the King without , they entred , and found the Queene with Mortimer , ready to goe to bed : then laying hands on him , they led him forth , after whom the Queene followed , crying , Bel fits , ●el fits , ayes pitie du gentil Mortimer ; good son good sonne , take pity upon the gentle Mortimer , suspecting that her sonne had beene amongst them : this course was taken to apprehend him for avoyding of tumult , he having no fewer then ninescore knights and Gentlemen , besides other meaner servants continually about him . But thus seised on , he is committed presently to the Tower , accused of divers great crimes , whereof these were chiefe ; that he had procured the late Kings death ; that he had beene the author of the Scots safe escaping at Stanhope Parke , corrupted with the gift of thirty thousand pounds ; that he had procured the late marriage and Peace with Scotland , so dishonourable to the King and kingdome ; that he had beene too familiar with the Queene , as by whom she was thought to be with child : of which Articles he is found guilty , and condemned ; and thereupon is drawne and hanged on the common Gallowes at the Elmes , now called Tiburne , where his body remained two dayes as an opprobrious spectacle for all beholders . After these businesses in England , there comes a new businesse upon him from the King in France : for about this time Philippe le Bel , King of France , the Queens brother dying without issue , the right of succession to the Crowne is devolved upon the Heire to Charles a former King , wherein are competitours Philip Duke de Valois , and Edward King of England ; Edward is the nearer in bloud , bu● drawes his Pedegree by a Female : Philippe , the further off , but descending by all Males ; and because the Law Salique excluding Females , was conceived as well to exclude all descendants by Females , therefore is Philips title preferred before King Edwards , and Philip is received and crowned King of France : to which preferment of his , Robert d' Arthois a Peere of great power , gave no small furtherance . And now as soone as Philip was Invested in the Crowne , he summons King Edward to come and doe his Homage for the Dutchy of Guyenne , and his other lands in France , held of that Crowne , according to the custome ; which though it were some prejudice to King Edwards claime afterward , yet in regard his kingdome of England was scarce well setled , and himselfe but young , he was contented to doe ; and thereupon the sixth of Iune , in the yeare 1329. King Edward in a Crimson Velvet gowne imbroidered with Leopards , with his Crowne on his head , his Sword by his side , and golden Spurres on his heeles ; presents himselfe in the body of the Cathedrall Church of Amyens before King Philip , sitting in his Chaire of Estate , in a Velve● Gowne of a Violet colour imbroydered with Flowers de lys of Gold , his Crowne on his head , and his Scepter in his hand , with all his Princes and Peeres about him . The Viscount Melun Chamberlaine of France , first commands King Edward to pu● off his Crowne , his Sword , and his Spurres , and to kneele downe , which he did , on a Crimson Velvet Cushion before King Philip ; and then the Viscount putting both his hands together betweene the hands of the King of France , pronounced the words of the Homage , which were these : You become Liegeman to my Master here present , as Duke of Aquitaine and Peere of France , and you promise to beare faith and loyalty unto him ; Say yea : and King Edward said yea , and kissed the King of France in the mouth , as Lord of the Fee. The like Homage also he did for the Earldome of Ponthieu . But this act of submission left a rancour in King Edwards heart , which afterwards brake so out , that it had beene good for France 〈◊〉 had never beene exacted . This done , King Edward returnes home , and there finds a new busines with Scotland , upon this occasion . Edward Baylioll , sonne to Iohn Baylioll ( sometimes King of Scotland ) two and thirty yeares after his fathers deposition , beganne now to shew himselfe , attempting the recovery of that Crowne ; and comming out of Fra●ce , where he had all that while remained ; and getting aide under-hand in Engla●d , with them he suddenly assailes those who had the government of Scotland , during the Nonage of the young King David , ( being at that time with the King of Fra●ce ) and in a battell overcame them , with the slaugher of many Noble men , and thousands of the common people ; and thereupon was immediatly Crowned King of Scotland at Scone . But notwithstanding this great defeat , King Baylioll was forced to retire him into England to get more aide of King Edward : who now shewes himselfe in the action , joynes with Baylioll against his brother in Law , King David ; goes in person with a strong Army to recover Berwicke , which after three moneths siege , being valiantly defended by the Lord Seton , was taken in ; and the Army of the Scots which came to the rescue thereof , at Hallidowne-hill , utterly defeated : where were slaine seven Earles , ninety knights and Bannerets , foure hundred Esquires , and about two and thirty thousand common Souldiers , as our Writers report ; as theirs , but foureteene thousand : and with this effusion of bloud is Baylioll returned to his miserable kingdome , and to hold good correspondence with the King of England hereafter , doth him Homage for his Realme of Scotland , and the Ilands adjacent . But though he had a kingdome , yet he had not quietnesse , for many of the Scots aided by the French , made warre upon him divers yeares after ; during all which time , King David with his wife remained in France . If any man marvell why King Edward would aide Bailioll against King David , who had married his sister ; he may consider that Alliances , how neare soever , weigh but light in the Scales of State. About this time the I le of Man is conquered by William Montacute , Earle of S●lisbury ; for which service King Edward gave him the Title of King of Man. Of his Acts after he came of age . ANd now Robert of Arthois banished out of France , comes into England , whom King Edward makes Earle of Richmond , and of his Counsell . This Robert perswades King Edward to make warre upon France , to which Crowne ( he said ) he had more right then he that held it ; with whose perswasions , King Edward is at last resolved to undertake the enterprise : and to furnish himselfe of Noble Chiefetaines , he at one time in a Parliament at Westminster , the eighth yeare of his Raign , creates sixe Earles , Henry of Lancaster he made Earle D●rby , William Montacute he made Earle of Salisbury , Hugh Audeley Earle of Glocester , William Clinton Earle of Huntington , and Robert Clifford or Ufford Earle of Suffolke ; also twenty knights , of whom Thomas de la Moore , who writ the life of the Kings Father , was one : withall he enters League of amity with many Princes abroad , with the Dukes and E●rles of Gelders , Iulyers , Cleves , Heynault , and Brabant , and with the Arch-bishop of Colen , and Valeran his brother : as on the other side , the King of France got to take his part the Bishop of Liege , Iohn King of Bohemia , Earle of Luxemburg , Henry Count Palatine , Aubert Bishop of Mets , Otho Duke of Austria , Ame Earle of Geneva , with many other Princes and Captaines out of Germany , Spaine , and other Countries . King Edward thus resolved in himselfe , and furnished with friends abroad , goes over into Flanders with his Queene and children , makes his residence at Antwerp , where by perswasion of the Flemings he takes upon him the Stile , Title , and Armes of the King of France ; for by this they accounted themselves disobliged of the Bond of twenty hundred thousand crownes , which they had entred into , never to beare Armes against the King of France ; and hereupon the League was established betweene them and King Edward . And now King Edward for a beginning to put his claime in execution , sets upon Cambray , and enters France by the way of Vermandois and Thierach ; on the other side King Philip seiseth on the Dutchy of Guienne , and sends thither the Conte d' Eu , Constable of France , with the Earles of Foix and Armigniack . At last both Armies came so neare together , that a fight was appointed the Friday after ; but upon better consideration , the English thought it no discretion to give battell to an Army so much greater then their owne , if they could avoid it ; and the French thought it as little discretion for them to hazard the person of their Prince within his owne kingdome ; and perhaps were not a little moved with the warning given them by Robert King of Sicilie , a great Astronomer , that he fore-saw by the Starres , some great misfortune to threaten the French , if they should that day fight with the Engli●h , King Edward being present : and thus both Armies having their severall reasons to decline the battell , they parted without doing any thing ; onely an accident happened scarce worth remembring , yet must be remembred . A Hare starting out before the head of the French Army , caused a great shout to be made ; whereupon , they who saw not the Hare , but onely heard the shout , supposing it to be the onset to the battell , disposed themselves to fight , and foureteene Gentlemen for encouragements sake , as the custome is , were knighted ; called afterward in merriment , knights of the Hare . But now King Edward must a little looke home , and therefore leaving the Queen in Brabant , he passeth himselfe into England about Candlemas , having beene in Brabant about a yeare ; and landing at the Tower about midnight , and finding ●t unguarded , was so much displeased , that he presently sends for the Major of ●ondon , commanding him to bring before him the Chancellour and Treasurer , with Sir Iohn Saint Paul , Michael Watch , Philp Thorpe , Henry Stratford , Clergy men , ( who it seemes were Officers for his Receipts ) and Iohn Sconer Justice of the Bench ; all which , except the Chancellour , were apprehended and committed to prison ; as were afterward in like manner divers Officers of Justice , and Accomptants , upon inquiry made of their unjust proceeding . During the Kings abode in England , William Montacute Earle of Salisbury , and Robert Ufford Earle of Suffolke , le●t in Flanders to oppose the French , having performed divers great e●ploits , were a● last in an encounter about Lis●e , so overlaid by multitude , as they were both taken , and sent prisoners to Paris . Besides , about this time two accidents happened that were thought would be great rubs in King Edwards proceeding ; one , that his Wives Father , William Earle of Hayn●ult , dying , and leaving his sonne to succeed , this son left his brother King Edward , and fell to take part with the King of France : the other , that the Duke of Normandy , thinking himselfe as strong as ever William Du●● of Normandy was that conquered England , he saw no reason but he might conquer it as well as that William ; and thereupon makes preparation by Sea and Land to attempt the enterprise : but these were but vapours that never came to be winds , at least brought no stormes : for Iohn Earle of Haynault had quickly enough of the King of France , and was soone after reconciled to his brother King Edward ; and the Duke of Normandy went no further then preparations : for indeed King Edw●●d prosecuted his courses against France with such heate , that all the neighbouring Princes seeing a fire kindled so neare their owne borders , were glad to looke ●o themselves at home . But now to impeach the King of Englands returne into Fra●ce● King Philip had provided a mighty Navie in the Haven of Sluce , consisting of tw● hundred saile of Ships ( besides many Gallies ) and two thousand armed men in th● Port ready to encounter him upon his landing : whereof King Edward being adve●tised , prepares the like number of Ships , and sets out to Sea upon Midsommer Eve ; is m● the morrow after with a Navy likewise from the North parts , conducted by Sir ●●bert Morley ; and encounters his enemy who lay to intercept him with such force and courage , and such advantage of Wind and Sun , that he utterly defeated their whole Navy , took and sunke all their Ships , slew thirty thousand men , and landed with as great glory , as such a victory ( the greatest that ever before was gotten by the E●glish at Sea ) could yeeld , though King Edward himselfe was there wounded with an Arrow in the thigh . Most of the French , rather then to endure the Arrowes of the English , or be taken , desperately leapt into the Sea ; whereupon the French Kings Jester , set on to give him notice of this overthrow , ( which being so ill newes , no●● else would willingly impart unto him ) said , and oftentimes repeated it in the Kings hearing ; Cowardly English men , Dastardly English men , faint-hearted Englis● men● the King at length asked him why● for that ( said he ) they durst not leap out of their Ships into the Sea , as our brave French men did . By which speech the King apprehend a notion of this overthrow : which the French attribute to Nichol●●●●chet , one of their chiefe Commanders , who had armed his Ships with men of base condition ( content with small pay ) and refused Gentlemen and sufficient Souldiers , in regard they required greater wages : And indeed it often happens that the avarice of Commanders is the occasion of great defeats . By this victory King Edward gained a free entrance into Flanders , and presently went and besieged Tournay with an Army of five and fifty thousand , but was so valiantly encountred by the Duke of Burgundy and the Earle of Armigniack , that they routed his Army , and slew foure thousand upon the place ; which so enraged King Edward , that two dayes after he sent a Challenge to King Philip to meete him in ● single combate , or with an hundred against as many , before the wals of Tourn●● . King Philip answers , that his Challenge being made to Philip de Valois , withou● mention of King , he tooke it not to be to him , who was truly King of France● but he wished him to remember the Homage he had done him at Amiens , and the wrong he did to the Christian world● by his troublesome courses to hinder him from his voyage intended to the Holy Land. Besides this answer in writing he sends to him by word of mouth ; that by his Challenge he hazarded nothing of his owne , but exposed onely the Dominion of another , which was against all reason : but if he would set his kingdome of England , though much meaner , agai●●● his of France , he would then accept the Challenge , and meete him in the field 〈◊〉 single combate . But this King Edward would not hearken to for as he was valiant to make the Challenge , so he was circumspect to looke to the conditions . But here upon he continues his siege of T●●rnay ; to the reliefe whereof King Philip sends all the forces he could possibly make by himselfe o● his friends ; and after the siege had continued three moneths , partly by mediation of Robert King of Sicilie , but chiefely by the Lady Iane of Valois , sister to King Philip , and mother of King Edwards wife ( who had vowed her selfe a Nunne ; but to doe this good office , travelled from one to another ) a Truce was concluded for a yeare , and both their Armies are dissolved . After this , K. Edward returning into England , was advertised how the Scots after many other places gained , had besieged the Castle of Striveling ; for reliefe whereof , the King makes all the haste he can ; and yet before he could come , it was by force of battery , compelled to render it selfe upon conditions . Then King Edward being at Berwicke , passeth to New-Castle upon Tyne , where he staies a moneth waiting for his provision that was to come by Sea ; but that being driven into other parts by tempest , he makes a Truce with the Scots for three or foure moneths , and then returnes home . In the time of this Truce ; the Scots send to King David , to come and governe the kingdome in his owne person ; who thereupon taking his leave of the King of France , with whom he had remained seven yeares , he with his wife Ioane , King Edwards sister , returnes into Scotland ; where after he had beene most honourably received by the Prince of Or●nay , and the other Lords and Barons of the Kingdome , as soone as the Truce was ended , with a strong Army enters Northumberland , passing on to New-Castle upon Tyne , where he plants his Campe. Of this Castle , Iohn Nevile was left governour by King Edward , who sending out certaine companies , tooke the Earle Murray prisoner , and with the slaughter of divers of his men , and rich booties , returned backe to his Castle ; which so incensed King David , that he assaulted the Castle as a man enraged , but finding it too strong for his taking , he then passed into the Province of Durham , where he used all kinds of cruelty , first upon the Countrey , and then upon the City , killing men , women and children , Clergy , and others ; burning and destroying houses and Churches , and utterly defacing it . From thence he passeth on to the Castle of Salisbury , which Castle belonged to William Mountacute Earle of Salisbury in right of his wife ; but himselfe being then prisoner in France , onely his Countesse , and one William Mountacute a Cousin of his , was in the Castle . This William perceiving the Scottish horse to be so over-charged with pillage , that they were scarce able to goe ; issues out of the Castle with forty horse , sets upon them , kils two hundred , and takes sixe score , whom he brings with their rich pillage , into the Castle . King David soone after with his whole Army arrived , but hearing of King Edwards comming ( who certified of these things , made all the haste he could ) he retires himselfe from thence ; and King Edward finding him gone before he came , yet would needs goe in and visit the Countesse : of whom , as soone as he saw her , he was so enamoured , that he laid more battery to her chastity , then King David had done to her Castle ; but finding it inexpugnable , after a day and a night he left it , and followed after the Scots , with whom for three dayes together he had many skirmishes , till at last a Truce was concluded for two yeares ; and amongst other conditions , William Earle of Salisbury , prisoner with the King of France , was set at liberty in exchange for the Earle Murray , prisoner with the King of England . About this time another difference fell out betweene the Kings of France and England . Iohn Earle of Montford laid claime to the Dutchy of Britaine , but in the quarrell was taken prisoner by the King of France : his Lady sends to King Edward for succour ; which King Edward grants upon condition that a marriage be made betweene his daughter Mary and the Earle of Montfords sonne ; which being agreed on , he sends over to her aide , first , Walter de Manny a valiant knight , and afterward Robert d' Arthois : but whilest his Army was preparing , King Edward was informed by Edward Baylioll , the pretended King of Scotland , and Governour of Berwicke , that the Scots had not kept the conditions of the Truce ; whereupon King Edward drawes a great Army to Berwicke , with a purpose to doe great matters , but nothing was done , for a new Truce was againe concluded for two yeares . By this time Robert d' Arthois had made ready his Army , and taking with him the Countesse of Montford , the Earles of Pembroke , Salisbury , and Suffolke , and many other Barons ; after great tempests and encounters at Sea lands safely at last neare to Vannes , which was held by the French , and laying ●●ege to the City , with the assistance of Walter de Manny , who came unto him , after many assaults , at last he tooke it , to the great joy of the Countesse of Montford , though she held it not long ; for certaine resolute French knights assaulted it soone after , and recovered it from the English. In which action many Lords were slaine or wounded , and particularly Robert de Ar●hois himselfe ; who passing over into England , for the better curing of his wounds , soone after died , and was buried in Pauls Church in L●ndon . And now King Edward himselfe with a strong Army passeth over into Britaine , and plants his Campe before the City of Vannes , where was like to have beene a cruell battell ; but in the instant , there came from Pope Cl●ment the sixth , two Cardinals , the Bishops of Preneste and Thusculum ; who upon certaine conditions concluded a Peace ; amongst other conditions , this was one ; that the City of Vannes should be delivered to ●ing Philip , and thereupon Iohn Earle of Montford should be set at liberty , but yet with this charge , not to goe into Britaine : which promise notwithstanding , he kept not , but went presently and besieged a Tow●e in Britaine , though he were forced to retire , and died shortly after . But the Truce cracked ●hus , as it were , by Montford , was afterward absolutely broken by King Edward though he charged the breach of it upon K. Philip , and King Philip upon him . But howsoever broken it was ; and Henry of Lancaster Earle of Derby , with divers other Earles and Barons , is sent into France , who won many Townes in Gascoyne● and in the Counties of Perigort and Tholo●se , and then went to winter at Burdeaux . And afterward , in May following , pursuing his victories , he wonne many mor● Townes ; and amongst others , the great Towne of Reoll . After this againe , he tooke Montpesat , Maurore , Villefranche , and many other Townes ; and at last the great City of Ango●lesme , and then came to winter againe at Burdeaux . Of his Acts together with the Prince . KING Philip informed of so many great losses , assembles a mighty Army , no lesse then a hundred thousand men , with which he recovers Miremont , and Villefranche , and then proceeded to besiege Angoulesme , whom the Earle of Derby having not forces sufficient to encounter , King Edward ( leaving for Wardens of England in his absence , the Lords Percie and Nevill ) goeth himselfe in person with an Army ( as Froyssard saith ) of fourescore thousand men at Armes , and ten thousand Archers , besides those out of Wales and Ireland ; taking with him his sonne , the Prince of Wales , and Duke of Guyenne , being then but of the age of fifteene yeares . It may be thought preposterous in King Edward , to put his sonne to be a Souldier before he was come to be a man ; but it seemes he had a longing to try his sonnes valour in the bud , and perhaps was loath to omit any thing that might give any countenance to this battell , in which the two kingdomes were laid as it were at stake ; but howsoever , taking him along with him , and almost all the Lords of his kingdome , he takes Shipping , and lands at Normandy , where at the first setting his foote on ground , he tooke such a fall , that the bloud gushed out at his nose ; which the Barons tooke for an ill signe , but the King tooke it for a good : saying , it was a signe that the Land desired to have him : and in deede he presently tooke the Townes of Harsteur , Moulbourg , Carenton , and Saint Lo , and afterward the City of Ca●n it selfe ; and from thence passed to the County of Eureux , saccaged and pillaged it , as also the City of Gisors , Vernon , Meulan , and Boulebourse to the City of Poyssy . King Philip all this while staied about Paris , as looking for King Edward to give him battell there ; and for that purpose had planted his Campe neare to Saint Germans ; but King Edward deceived him : for going from Poyssy , he passed into Picardie and Ponthie● , where he tooke and burned many Townes and Castles : and then passed the River of 〈◊〉 , though not without danger : for King Philip had sent thither Gundemar de Fay with a thousand horse , and sixe thousand foote , to stop his passage : King Edward notwithstanding resolves to passe , or perish , and plungeth forem●●● into the River ; crying out , They who love me , will follow me at which voyce , 〈◊〉 man strove who should be foremost , and so the shoare was presently gained by the English. Gun●emar astonished with this bold adventure , astonisheth his peo●●● with his fearfull countenance : so that the English encountring the French all in 〈◊〉 , put them to flight . King Philip enraged with this dishonour , resolves to 〈◊〉 it ; and presently provokes King Edward to a battell . King Edward had 〈◊〉 ●●camped in a Village called Cressy , his Army consisted of thirty thousand 〈◊〉 ●hich he divided into three battalions : the first was led by the young Prince 〈…〉 , with whom were joyned the Earle of Warwicke , Geoffrey of Harecourt , 〈◊〉 Holla●d , Ric●ard Stafford , Iohn Chandoes , Robert Nevile , and many other 〈◊〉 and Gentlemen , to the number of eight hundred men at Armes , two thou 〈…〉 , and a thousand Welsh . In the second were the Earles of Northam●●●●●nd ●nd of 〈◊〉 , the Lords Rosse , Basset , and others , to the number of eight hun 〈…〉 Armes , and twelve hundred Archers . In the third the King was him●●●●● h●ving about him seven hundred men at Armes , and three thousand Archers . 〈◊〉 battels thus ordered , mounted on a white Hobby , he rode from ranke to ranke 〈◊〉 ●●em ; encouraging every man that day to have regard to his right and ho 〈…〉 The French Kings Army was farre greater , consisting of above sixty thou 〈…〉 well armed ; whereof the chiefe were Charles Duke of Alanson 〈…〉 Iohn of Luxembourg King of Bohemia , Charles de Blois the Kings 〈…〉 Duke of Lorraine , the Earles of Flanders , Nevers , Sancerre ; of Ba 〈…〉 and Gentlemen , about three thousand . The Vauntguard he commits to his ●rother the Count de Alanson , the Reere to the Earle of Savoy , the maine battell ●e lead● himselfe ; his heate out of confidence of victory was so great , that 〈…〉 permitted time for a little counsell what was fit to be done . The old King 〈…〉 advised that the Army should take some repast , and that the Infantry c●●●isting of Ge●oueses ( which were above fifteene thousand Crossebowes , and 〈◊〉 men● should make the first Front , and the Cavallery to follow ; which was agreed on . But the Count of Alanson , contrary to this order , tooke it ill that the 〈◊〉 were in the first ranke , and in fury caused them to change place ; which 〈…〉 discontentment , that it irritated them more against the Leader , then the 〈◊〉 ; besides there fell at the instant , such a showre of raine , as dissolved their 〈◊〉 , and made their Bowes of little use ; and at the breaking up of the showre , the 〈…〉 full in the face of the French ( dazling their sight ) and on the backe of the 〈◊〉 , as if all made for them . K. Edward who had gotten to a Windmill , beholding 〈◊〉 a Sentinell , the countenance of the Enemy , and discovering the disturbance 〈◊〉 by the change of place ; instantly sends to charge that part , without giving 〈…〉 to re-accommodate themselves ; whereupon the discontented Gen●●ese 〈◊〉 which the Co●nt de Alanson perceiving , he comes on with the horse , and 〈…〉 ●age cries out , On , on , Let us make way upon the bellies of these Genoueses , 〈…〉 but hinder us : and instantly pricks on with a full careere through the midst 〈…〉 , followed by the Earles of Lorraine and Savoy , and never staies till he came 〈◊〉 the English battell , where the Prince was ; the fight grew hot and doubtfull , 〈…〉 as the Commanders about the Prince send to King Edward to come up with his power to aide him . The King askes the messengers whether his son were 〈…〉 hurt : who answering , no ; but that he was like to be over-laid : Well then ( 〈◊〉 ●he King ) returne , and tell them who sent you , that so long as my sonne is a 〈…〉 they send no more to me what ever happen ; for I will that the honour of this 〈…〉 his . And so being left to try for themselves , they wrought it out with the 〈◊〉 ● the rather by reason the French King having his horse slaine under him , and 〈◊〉 danger to be trodden to death , had he not been recovered by the Lord Beau 〈…〉 ●●●s to the great discouragement of his people , withdrawne out of the field : 〈◊〉 no●●ce being once taken by the English , the day was soone after theirs , and 〈…〉 victory they ever had yet against the French , and so bloudy , as there is 〈…〉 made of any one prisoner taken in the battell , but all ●laine out-right ; ●nely ●ome few troopes that held together , saved themselves by retiring to places neare adjoyning . The French King himselfe with ● small company , got to Bray in the night , and approaching the walls , and the Gu●rd asking him who goes there ? he answered , the Fortune of Fr●●c● . By ●i● voyce ●e was knowne , and thereupon received into the Towne , with the teares and lamenta●ions of his people . The number of the slaine are certified to be thirty thousand : the chiefe whereof , were Charles de Al●ns●n , Iohn Duke of 〈◊〉 , ●alph Earle of Lorraine , L●wis Earle of Fl●●●ers , I●ques Da●lphin de 〈◊〉 , So●●e to I●b●rt , ( who after gave Daulphin to the Crowne of France ) the Earl●● of S●●c●rre , H●r●court , and many other Earles , Barons , and Gentlemen , to the number of fiftee●● hundred . This memorable Victory happened upon the S●turday after Bart●●l●●●● day , in the yeare 1346. The next day , earely in the morning , being Sunday , he s●n● out 300. Lances , and 2000. Archers● to discover what was becom● of t●● 〈◊〉 who found great Troopes comming from Abbe●●l● , Saint 〈…〉 , a●d B●●uvoyes , ( ignorant of what had happened 〈◊〉 by the Arch-Bishop of R●●● , and the Priour of France : whom they likewise defeated , and slew s●ven thousand . But this was not all th● Victories that fell to King Edward that yeare , there was another of no lesse importance gotten in Engl●●d , by the Queene and hi● peopl● at home against the Scots ; who being set on by the French , to divert the wa●●● there● entred upon this kingdome wit●●hreesco●e thousand men , ( as our Writers report ) assuring himselfe of successe , in regard ( as he supposed ) ● the ma●●e stre●gth thereof was now gone into France ; but ●e found it otherwise● For the Lords of the North , as Gylbert de Umfrevile , the Earl● of Ang●●● , Henry Perc● , Ralph Nevile , William D●y●co●●t , with the Arch-bishop of Yorke , the Bishop of Dur●am , and others of the Clergy , gathered so great Forces , and so well ordered them , by the animation of the Queene , ( who was there in person ) as fighting a great Battaile at Nevils Crosse in the Bishopricke of Durha● , they utterly defea●ed this great Army , tooke David their King Prisoner , with the Earles of Fif● , Menteth , Murry , Sutherland , the Lord Dowglas , the Arch-bishop of Saint Andrewes , and others ; and put to the sword fifteene thousand Sc●ts . This Victory also fell upon a Saturday , sixe weekes after that of Cressy . He that tooke King David Prisoner , wa● one Iohn C●pl●nd , an Esquire of Northumberland , whom King Edward rewarded with five hundred pounds land a yeare , and made him a Banner●t . And as if all concurred to make this yeare Triumphant , the Aides sent to the Countesse of Montford in Britaine , led by Thomas Dagworth a Valiant knight , overthrew and tooke Prisoner , Charles de Blois , Pretender to that Dutchy , and with him Mounsi●ur la Vall , the Lords Rochford , Bea●●anoyre , Loi●c●ue ; with many other Barons , Knights , and Esquires : Where were slaine the Lord De la Vall , Father to him that was taken , Viscount Rohan , Mounsieur de Chastea● Bryan , de ●alestroit , de Quintin , de Dyrev●ll , besides many other knights and Esquires , to the number of seven hundred . And now King Edward without medling with the great Cities of Amiens and Abbevile , marcheth on directly , and sits downe before Callice , a Town of more importance for England , and the Gate to all the rest : Wherein Iohn d● Vienne Marshall of France , and the Lord de Andregh●n , ( a great man in his time ) commanded . All that Winter King Edward lay without any molestation by the French King , who was busied at home in his owne State about raising of money ; wherewith supplyed at last , he raiseth an Army and approacheth Callice , but findes no way open to come to relieve it . The King of England was both Master of the Haven , and possest all other wayes that were passable ; and the Flemings his friends had besieged Aire ; to oppose whom , Iohn Duke of Normandy is sent for out of Guyenne : who departing leaves Henry of Lancaster Earle of Derby , Master of the Field , and ●e having an Army consisting of twelve hundred men at Armes , two thousand Archers , and three thousand other Foot , takes in most of the Townes of Xaintoigne , and Poict●● , and in the end besieged and sacked P●ityer● , and then returnes to B●rdea●x , with more ●illage then his people could well beare : Thus the 〈◊〉 prosper every ●●here , and the French suffer . During this siege of Calli●e , ( ●n 〈◊〉 some t●in●● King Edw●●● first used Gunnes ) the Fleming● send to King 〈◊〉 to make a marriage betweene his Daughter Isabell and their Lord the 〈…〉 ; to which the King consented , but the Duke of Br●●●nt gets 〈…〉 of 〈◊〉 , ●o make the match for a Daughter of his● The Flemings presse 〈◊〉 Lord with t●e match of England ; but he absolutely refuse●h it , saying● h● 〈◊〉 never marry a Daughter of him , that had killed his Father , though he would 〈…〉 ●●lf● his kingdome . This answer so incensed the Flemi●gs , that they 〈…〉 Lord in Prison , till with long durance he at last consented ; and there 〈…〉 E●ward and his Queene , with their Daughter Is●●●ll , come over to 〈…〉 there the young Earle is aff●an●ed to her ; but returning after●●rds 〈…〉 as ●e found opportunity , he went to King Philip , and ●eft 〈…〉 ; and marryed afterwards a Daughter of the 〈…〉 this whi●●●he siege of Callice was continued ; and King Philip 〈…〉 come to relieve it ; sollicits King Edward to appoint some● place 〈…〉 would mee●e him . But King Edward returnes answer , that if he 〈…〉 owne way to come thither to him , there he should finde him , but 〈…〉 be would not pa●●● having laine there so long to his great l●●our and 〈…〉 b●ing now so neare the point of gaining the place● Two●●a●●●nals 〈…〉 the Pope , to mediate a Peace , but could effect nothing , so as the 〈…〉 w●s forced to breake up his Army and retire to Paris , leaving C●llice 〈…〉 the Besieger : which when the Towne understood , they sent to de 〈…〉 granted , and therein received this finall answer , that ●ixe of the chiefe Burgesses should be sent to the King , bare-headed , bare-footed , in their shirts , 〈…〉 their neckes● the keyes of the Towne and Castle in their hands , 〈…〉 th●●●elves to the Kings will ; the rest he was content to take to mercy . 〈…〉 condition , and much difficulty who should be those sixe : but 〈◊〉 up , and out of love to his Country offering himselfe to be one , the sixe 〈…〉 made ●p ; for now by his example every one strove to be of the 〈◊〉 who presenting themselves before the King , he commanded them instantly 〈…〉 to death . Great supplication was made by his Lords for their lives , but 〈…〉 would not be drawne to alter his sentence , till the Queene , great with 〈…〉 on her knees , and with teares obtained pardon for them ; which done , 〈…〉 them to be cloathed , and besides a good repast , gives to every one of them 〈◊〉 Nobles a p●ece . But though the King in this sentence shewed severity , 〈…〉 Act before he had shewed mercy ; For when Victuals began to faile in 〈…〉 , and all unusefull persons , as old men , women , and children , were put 〈…〉 Gates ; he forced them not backe againe as he might have done , there●● 〈◊〉 sooner to consume their store ; but suffered them to passe through his Ar●y● 〈◊〉 them to eate , and two pence a piece to all of them . And thus was that strong 〈◊〉 of Callice gotten , the third day of August , in the yeare 1347. after eleven 〈…〉 siege , and continued afterward in possession of the English two hundred 〈…〉 . All the Inhabitants are turned out , but onely one Priest , and two 〈…〉 to informe of the Orders of the Towne : and a Colony of English , amo●gst which seven and thirty good Families out of London is sent to inhabit it● 〈…〉 and Queene enter the Towne triumphantly , and make their abode there , 〈◊〉 Queene was brought a bed of her Daughter Margaret . The King made 〈◊〉 of the Town Ayme●y of Pavia a Lombard , whom he had brought up from 〈…〉 , and then with his Queene returnes into England ; at which time the 〈◊〉 Electours send to signifie● that they had chosen him King of the Romans , but 〈…〉 refuseth to accept it , as being an honour out of his way , and scarce com 〈…〉 his State at home . ●fter this Tr●●●s were made by mediation , from one time to another , for the 〈…〉 ●wo yeares , in which time , Geoffrey de Charmy Captaine of Saint Omer , 〈…〉 Aymery of P●via , whom King Edward had left Governour of Callice , to 〈…〉 for twenty thousand Crownes : which King Edward hearing of , sent to A●mery , and charged him with this perfidiousnesse ; whe●●●pon Ay●●●y comes to the King , and humbly desiring pardon , promiseth to h●ndl● the 〈◊〉 so as shall be ●o the Kings advantage , and thereupon i● sen● backe to Callice . The King , the ●ight before the time of agreement● arrives with three ●und●ed men at 〈◊〉 , and 〈◊〉 hundred Archers : 〈◊〉 de Charmy 〈…〉 likewise the 〈◊〉 ●●ght from Saint Omers with his Forces , and sent a hundred m●n before with the Crownes to 〈◊〉 : the men are let in at a Posterne Gate● the crownes received , ●nd assured to be all weight : which done , the Gates of the Towne are opened , and out marches the King before day , to encounter 〈◊〉 de Charmy ; who perceiving himselfe betrayed , defended ●imselfe● the best he could , and put King Edward to a hard bickering , who for that ●e would not b● 〈…〉 person , put hi●self● and the Prince under the Colours of the Lord 〈…〉 bea●en ●●wne on ●is knees by 〈…〉 ●hom he fought hand to hand ) and ye● recove●●d , and 〈…〉 prisoner . Charmy was likewise taken , and all his Fo●●●● defeated . Ki●g ●dward the night after ( which was the first of the New-yeare ) feasted with the Prisoners , and gave ●ibo●●●nt in honour of his valou● , 〈…〉 Chaplet of Pearle , which himselfe wore on his head , ( for a New-yeares gift ) forgave him his ransome , and set him at liberty . But the English not long after , in the like practise , had better successe , and got the Castle of Guysnes , ( a piece of great importance ne●r● Callice , ) for a summe of money , given to one Beaconr●y a French ●●n . Of which C●s●le , when the French King demanded restitution in regard of the Truc● , King Edwar● returnes answer , that for things bought and sold betweene their people , there was no exception , and so held it . About this time Philip King of France dyed , leaving his Sonne Iohn to succeed him ; in the beginning of whose Raigne , Humber● P●ince of D●●lphin , dying without issue , made him his Heire , and ther●upon Charles King Ioh●● Sonne , was created the first Daulphin of France : from whence it grew to be a Custome , that the King of France his Heire should alwayes be called Daulphin of France . About this time also the Duke of Lancaster was to perfo●me a combat , upon a challenge , with a Prince of B●h●mia , but when they were entred the Lists , and had taken their Oathes , King Iohn interposed , and made them Friends . And now when after many meanes of mediation , no Peace could be concluded betweene the two Kings ; the Prince of Wales being now growne a man , is appointed by Parliament , to goe into Gascoyne with a thousand men at Armes , two thousand Archers , and a great number of Welshmen ; and in Iune following he sets forth with three hundred Saile , attended with the Earles of Warwick● , Suffolke , Salisbury , and Oxford , the Lord Chand●s , the Lord Iames A●deley , Sir ●obert Knolles , Sir Francis Hall , with many others . About Michaelma● following● the King himselfe passeth over to Callice , with another Army , taking with him two of his Sonnes , Li●n●ll of Antwerpe , now Earle of Ulster i● Right of his Wife , and Iohn of Gant , Earle of Richmond . There met him at Callice of mercenaries out of Germany , Flanders and Brabant , a thousand men at Armes , so that his Army consisted of three thousand men at Armes , and two thousand Archers on horse-backe , besides Archers on foot . The City of London sent three hundred men at Armes , and five hundred Archers , all in one livery , at their owne charge ; but all this great Army effected nothing at that time , by reason the King of France would not be drawne to any Encounter , and had so disfurnished the Country of all provisions , that the King of England was forced to returne . King Edward solicited by the King of Navarre to aide him against the King of France , sends over the Du●e of Lancaster with foure thousand men at Armes , who winnes many Townes● and the Prince enters G●yenne , passeth over Langn●d●c to Tholouse , Narbonne , Burges , without any Encounter , sackes , spoyles and destroyes where he goes , and loaden with booties returnes to Burdeaux . The French King thus assaulted on all ●ides , gathers all the power he possibly could , and first makes against his E●emies in N●●●●●dy , recovers many of his lost Townes , and was likely to have there prevaile● , but that he was drawne of force to oppose 〈◊〉 fresh Invader , the Prince of Wales , who was come up into Tourayne , against 〈◊〉 he brings his whole Army , consisting of above threescore thousand : where●●●● the Prince , whose Forces were not likely to be able to encounter him ( being 〈◊〉 for one ) was advised to retire againe to Burdeaux . But the French King , to preve●● this course , followes ; and within two leagues of Poyctiers , hath him at a 〈◊〉 advantage : at which instant , two Cardinals came from the Pope to mediate ● Pe●ce . But the French King supposing he had his enemy now in his mercy , would accept of no other conditions , but that the Prince should deliver him foure Hostage● , ●nd ●s vanquished , render himselfe and his Army to his discretion . The Prince wa● content to restore unto him what he had gained upon him , but without pr●ju●●●● of his honour , wherein he said he stood accomptable to his Father , and to his C●u●tr●y . But the French King would abate nothing of his demands , as making hims●lf● sure of victory ; and thereupon was instantly ready to set upon the Princ● : 〈◊〉 seeing himselfe reduced to this straight , takes what advantage he could of th● 〈◊〉 , and providently got the benefit of Vines , Shrubs , and Bushes , on that part 〈…〉 like to be assailed , to impester and intangle the French horse , which he saw 〈◊〉 ●ome furiously upon him . The successe answered his expectation , for the 〈◊〉 of his enemies upon their first assault were so wrapt and encombred 〈◊〉 ●he Vines , that his Archers galled and annoyed them at their pleasure . For 〈◊〉 Fre●●h King , to give the honour of the day to his Cavallery , imployed them onely without his Infantery ; so as they being disordered and put to rout , his whol● Army came utterly to be defeated . In this battell were taken prisoners , King Iohn himselfe , with his yo●ngest sonne Philip , by Dennis de Morbecque a knight of Ar●h●is ; Iaques de Bourbon , Conte de Ponthieu ; the Arch-bishop of Sens ; Iohn de Arth●is ; Conte de En ; Charles de Arthois ; his brother Count de Longueville ; Iohn de 〈◊〉 , Count de Tankarvile ; the Counts of Vendosme , Va●demont , Estampes , Salbourg , 〈◊〉 and La Roche ; also Iohn de Ceintre , accounted ( as Froissard saith ) the 〈◊〉 ●night of France , with many other Lords , besides two thousand Knights and Gen●lemen ; in so much , as the Conquerours holding it not safe to retaine so many , le●●●ny of them goe . The French , who can give best account of their owne losses , ●●por● there died in the battell , a thousand seven hundred Gentlemen , amongst which were fifty two Bannerets : the most eminent , Peter de Bourbon , the Duke of Ath●●s Constable of France , Iehan de Clermont Marshall ; Geoffrey de Charmy , High Chamberlain● ; the Bishop of Chalons , the Lords of Landas , of Pons , and of Cham●●y . There escaped from this battell , three of the French Kings sons , ( for he brought them all thither ) Charles Prince Daulphin ; Louys after Duke of Anjou ; and Iohn Duke of B●●ry● all great actours in the time following . The special great men of the English i● th●● fight , were the Earles of Warwicke , Suffolke , Salisbury , Oxford , Stafford ; the Lord●● Cobham , Spenser , Barkeley , Basset : of Gascoynes , Le Capital de Beuff ; the Lords , Pumyer , Chaumont , and others . The Lord Iames Andeley wonne honour both by his valour , and his bounty ; for having vowed to be foremost in this fight , he pe●formed his word , and sealed it with many wounds : for which the Prince having rewarded him with the gift of five hundred Markes Fee-simple in England , he p●esently gave it to foure of his Esquires ; whereupon the Prince demanding whether he accepted not his gift ? he answered , that these men had deserved the same as well ●s himselfe , and had more neede of it ; with which reply the Prince was so well pleased , that he gave him five hundred Markes more in the same kinde . A rare example , where desert in the Subject , and reward in the Prince , strive which should be the greater . And now , though King Iohn had the misfortune to fall into the hands of his enemy , yet he had the happinesse to fall into the hands of a Noble enemy ; for Prince Edw. used him with such respect and observance , that he could not find much d●●ference betweene his captivity and liberty . After the battell , which was fought the ●in●●●enth day of September , in the yeare 1357. Prince Edward leads King Iohn and the captive Lords to Burde●ux , where he retaines them till the spring following ; but 〈◊〉 present newes of his victory to his Father : who thereupon causeth a generall Thanksgiving all England over eight dayes together : and in May following ; King Iohn rather comming over with the Prince , then brought over by him , is lodged at the Savo● ; a Palace belonging to Henry Duke of Lancaster , and the fairest at that time about London . And King Edward , as though he thought it honour enough to have one King his prisoner at once , at the suite of his sister Queene I●ane , he sets her Husband David King of Scots at liberty , after he had beene prisoner in England eleven yeares , but not without paying a Ransome , which was a hun-thousand Markes , to be paid in ten yeares . After this , by mediation of Cardinals sent by the Pope , a Truce for two yeares is concluded betweene the two kingdomes of France and England , and in the time of this Truce , Articles of Peace betweene the two Kings are propounded● King Edward requires the Dutchies of Norm●●●● and G●yenn● , the Counties of Poicto● , T●uraine , Mayne , and Anjo●● with all their ●ppur●e●ances as large as King Richard the first held them , and many other Provinces besides , and to hold them all without Homage or any other service ; to which Articles , King Iohn ( weary of imprisonment ) assents and seales , but the 〈◊〉 ●nd Councell of France utterly reject it : whereupon King Edward in great disple●sure resolves to make an end of this worke with the sword , and to take possession of the kingdome of France ; and leaving his younger sonne Thomas Gove●●our of his kingdome at home , with a Fleet of ●leven hundred saile , and taking all the great Lords of the Realme with him , he passeth over to Callice , dividing his Army into three battels , whereof one he commits to the Prince of Wales , another to the Duke of Lancaster , and the ●hird he leads himselfe● and first marching through 〈◊〉 where he takes in many Townes , he plants his si●ge afterward before 〈◊〉 ; but having spent there sixe or seven weekes without effecting any thing , he ●asseth thence , and takes in the Cities of Sens & Nevers ; the Dutchy of , B●rgoyne redeemes it self from spoil with paying two hundred thousand Flo●ens of gold : then he marcheth up to ●aris , and plants his Camp within two small Leagues of the Tow●● , where ●e honoured 400. Esquires and Gentlemen with the Order of knighthood : but when Sir Walter de Manny had made a Bravado before the Gates of the City , and the King saw that the Daulphin would by no provocations be drawne out to battell ; he raiseth his siege , and returnes into Bri●aine to refresh his Army ; from thence he marcheth towards Char●res with a purpose to besiege that City , and though great offers were made him by the French , and Commissioners from the Pope solicited him with all earnestnesse to accept them , yet neither they , nor the Duke of Lancasters perswasions could prevaile with him , till a terrible ●torme of haile with thunder and lightning fell upon his Army , which so terrified him , being a warning as it were from Heauen , that he presently vowed to make Peace with the French King upon any reasonable conditions , as shortly after he did at a Treaty of Britigny neare to Chartres , upon these Articles : that the Fiefs of Thouars and Belleville , the Dutchy of Guyenne , comprising Gascoyne , Poictou , San●ogne , Limo●sin , Perigort , Quercie , Rhodes , Angoulesme , and Rochell , together with the Counties of Guysnes and Callice , and some other places , with the Homages of the Lords within those Territories should be to the King of England , who besides was to have three Millions of crownes of gold● whereof sixe hundred thousand in hand , foure hundred thousand the yea●e following , and the rest in two yeares after : and for this the King of England , and his sonne the Prince of Wales , for them and their successours for ever , should renounce all their right pretended to the C●owne of France ; the Dutchy of Normandy , the Countries of Touraine , Anjou , Mayne , the Homage and Soveraignty of Britaine , and the Earledome of Flanders ; and within three weekes King Iohn to be rendred at Callice at the charge of the King of England , except the expenses of his house . For assurance of which accord , should be given into his hand five and twenty of the greatest Dukes and Lords of France for Hostages . The Scots not to be aided by the French King , nor the Flemmings by the English. This accord and finall Peace signed by both Kings , was ratified by their two eldest sonnes , Edward and Charles , and sworne unto by the Nobility of both kingdomes . The Hostages are delivered to King Edward , who brought them into England ; and thereupon King Iohn is honourably conducted to Callice , after he had remained prisoner in England neare about five yeares : but being come to Callice , he was detained there above three moneths , till the money which he was to pay in hand , could be provided ; and for providing the rest he was put to hard shifts ; being faine to give the Iewes leave to dwell in France for twenty yeares , paying twelve Florins a man at the entry , and sixe every yeare after . At this time the Prince by dispensation marries the Countesse of Kent , daughter to Edmund , brother to Edward the second , and his Father investing him with the Dutchy of Aquitaine , he was now Prince of Wales , Duke of Aquitaine , Duke of Cornwall , and Earle of Chester and Kent : and not long after , with the Princesse his wife , he passeth over into France , and keepes his Court at Burdeaux . This was now the yeare 1362. and the fiftieth yeare of King Edwards age , wherein for a Iubilee , he shewes himselfe extraordinarily gracious to his peopl● , freely pardoning many offences , relesing prisoners , revoking exiles ; with many other expressions of his love and bounty . The yeare following was famous for three Kings comming into England : Iohn King of France , Peter King of Cyprus , and D●vid King of Scots . The King of Cyprus came to solicite King Edward to joyne with other Princes in the Holy Warre , but receives onely royall entertainment and excuses . The King of Scots came for businesse and visitation , but why the King of France came , is not so certaine , whether it were about taking order for his Hostages , or to satisfie King Edward for breach of some Articles , or else for love to the Countesse of Salisbury ; or perhaps out of a desire to let England see his Majesty , being at liberty , which had beene darkened before by the cloud of captivity ; but whatsoever the cause of his comming was , the cause of his staying ( at least , of longer staying then he meant ) was a mortall sicknesse , whereof ( having lien all the Winter at the Savoy ) in March or Aprill following , he died ; and his body convaied over into France , was buried at Saint Donis with his Ancestours . The Prince of Wales was now growne famous all the Christian world over , and the man to whom all wronged Princes seemed to appeale , and to flie for succour : for which end there came at this time to his Court , Iames King of Majorque , and happened to come at a time when the Princesse lay in ; and thereupon he and Richard King of Navarre were taken to be Godfathers to his sonne Richard. For the like assistance also , there came at the same time to him , Peter King of Castile , driven out of his kingdome by the French , in favour to Peter King of Aragon : and Prince Edward , partly out of charity , to succour a distressed Prince , and partly out of policy , to keepe his Souldiers in exercise ; undertakes the enterprise , and was so prosperous in it , that with one battell , ( having but thirty thousand against a hundred thousand ) hee put King Peter in possession of his kingdome , though he was ill rewarded for his labour : for the ungratefull King would not so much as pay his Souldiers . An unfortunate journey for the Prince , for though he came back with victory , yet he brought backe with him such an indisposition of body , that he was never throughly well after : not perhaps by poyson , nor given him by his brother the Duke of Lancaster , though both were suspected ; but there were causes of distempering him enough besides , the Countrey , the season , the action it selfe ; and it may be more marvelled that his Souldiers came home so well , then that he came so ill ; but howsoever , being now returned , there was presently to his indisposition of body , added discontentment of minde : for not having meanes to pay his Souldiers , which forced him to winke at that which he could not chuse but see , and seeing , grieve at , how they preyed upon the Countrey , and thereupon how the Countrey murmured against him : and now to stop this murmuring , his Chancellour , the Bishop of Rhodes , devised a new Imposition , of leavying a Frank for every Chimney , and this to continue for five yeares , to pay the Princes debts : but this Imposition made the murmuring the more ; for though some part of his Dominions , as the Poict●●ins , Xaingtonois , and Lymo●sins in a sort consented to it , yet the Count of Armigni●ck , the Count of Comminges , the Viscount of Carmayn , and many others so much distasted it , that they complained thereof to the King of France , as to their Supreme Lord ; who upon examination finding their complaint to be just , he thereupon , by advise of his Councell , Summons Prince Edward to appeare in person , to answer the complaint : whereunto Prince Edw. made answere , that if he must needs appeare , he would bring threescore thousand men in Armes to appeare with him ; and had certainely brought his Army that Summer against Paris , if he had not fallen into Symptomes of a Dropsie , which ( Walsingham saith ) was wrought by Enchantments . But upon this answer of the Prince , King Charles sends defiance to King Edward ; who thereupon prepares Armes both by Sea and Land to oppose him . The French enter upon the Territori●s of the Prince , and defeate divers of his Troopes ; in revenge whereof , Iohn Chandos the Princes Lieutenant , assaults Terrieres in the Province of Tholouse , and takes it . The Count of Perigourd a●saults Royanville , in Quer●y , and puts all the English to the sword ; in revenge whereof , Iames Audeley Sene●chall of Poicton , assaults the City of Brosse , and takes it . In the meane time Robert Knols , by some called Robin , and by others , Arnould , or Reynold Knoll , had drawne Perducas de Albert to the party of the English ; and thereupon wen● and encamped before the Fort of Darc●ell in Quercy , which Iohn Chandos understanding , went also and joyned with him in the Siege ; but finding they could doe no good there , they removed , and Besieged the City of Damme : and when they could doe no good there neither , they marched forward , tooke the Fort of Froyus , Rochevaudour , and Villefranche ; and that done , returned to the Prince at Angoulesme . At the same time , the Earles of Cambridge , and Pembroke , having spent nine weekes at the Siege of Bordeille , at last tooke it ; but other Captaines of the English did yet more , for they scaled Belleperche in the Province of Bourbon , where the Mother of the Duke of Bourbon , and of the Queene of France was , and take her prisoner . About this time , Philippa Queene of England , King Edwards Wife died , and was buried at Westminster ; but this hindred not the proceeding of the English in France ; the Earle of Pembroke enters Anjou , where he takes many Townes : the Duke of Lancaster doth the like about Callice , and marching forward , plants his Campe before Harfleur , with a purpose to burne the King of France his Navy , but being watched by the Count Saint Poll , was forced to forbeare that designe ; and so passing other wayes , and spoyling all the places where he passed , he returned to Callice . Winter now was drawing on , and Iohn Chandos , desiring to recover the Abby of Saint Silvin in Poictou , which not long before had beene betraied to the French ; was in the enterprise discovered , and being assaulted by greater forces , was slaine in the place , to the great griefe of the Prince of Wales , and of the English Lords : but dying without issue , his estate , which amounted to foure hundred thousand Franks , came to the Prince . At this time , the Dukes of Anjou and Berry , with two great Armies enter upon the Territories of the Prince of Wales ; whereof the Prince advertised , assembles Forces to oppose them : but when the newes was brought him of the taking of Limouges , he was so much troubled at it , by reason of the Bishop of that place was his Gossip , and one in whom he specially had affiance ; that he resolved to recover it at any price , and not to spare a man that had any hand in the rendring it up : and thereupon taking it by force , he commanded to sacke and pillage it , and would not be staied by the cries of the people , casting themselves downe at his feete ; till passing through the Towne , he perceived three French Captaines , who themselves alone had withstood the assault of his victorious Army , and moved with the consideration of their valour , he then abated his anger ; and for their sakes , granted mercy to all the Inhabitants . So much is vertue even in an enemy , respected by generous minds . In the meane time , David King of Scots died without issue ; and Robert Stuart his Nephew succeeded him in the kingdome , and was Crowned at Scone . At this time Robert Knolls with a great Army is sent into France , where making many attempts , with valour enough , but with little successe ; he was comming home , though with no gaine , yet with no losse : till Bertrand de Gueschlyn assaulting him , slew the most part of his men ; and so this great Army on a sudden came to nothing . It seemes Knolls his action was the lesse succesfully , by reason some young Lords that wen● with him , sco●ning to ●e 〈◊〉 his command , as being but a new man , and risen fro● a low estate ; were refractory to hi● directions : And indeed what can a Generall do , if he have not as well reputation of person , as of place ? And now the Prince of Wales , his eldest sonne Edward dying 〈◊〉 Bu●de●●● , the 〈◊〉 with his wife , and his other sonne Richard , come over into England , at whi●● time the vallant knight Walter de M●●ny died at Lond●n , and was buried in the Monastery of the Chartreux which he had builded ; leaving one onely daughter ; married to Iohn Earle of Pembroke . This Earle of Pembroke was soone after sent Go●ernour into Aquita●ne , but set upon by the way by Spaniards in favour of the Fr●●ch ; was by them taken prisoner , and carried with other into Spain●● who being chained together , as the manner is ; one Evans a Welsh Fugitive● who gave ●●●selfe out for the right Heire of Wales ; cam● unto him foolishly playing upon him with scornfull language , as though to insult over another mans misery , could s●●le for a co●diall to mitigate his owne . And now upon the taking of this Earle , the Princes Dominions in France are either taken away , or ●all away faster then they ●ere gotten ; Gueschly● enters Poictou , and takes Montm●rillon , Chauvigny , Luss●● , and Mo●t●onti●r : straight after followes the Countrey of Aulnys , of Xaintoigne , and the rest of Poic●ou ; then Saint Maxen● , Neele , Auln●y ; then Benaon , Marant , Surg●rs , 〈◊〉 ; and at last they came to Thouars , where the most part of the Lords of Poic●o● , that held with the Prince , were assembled ; at which time King Edward with the Pr●●ce , the Duke of Lancaster , and all the great Lords of England , set forward to their succour , but being driven back● by tempest , never came to give them assistance , so as Thouars yeelded upon composition . Yet did this preparation of the King stand him in nine thousand Markes ; that it may be truly said , it cost him more now to lose Townes , then it had cost him before to win them so great oddes there is betweene the Spring and Fall of Fortune . After this , the Duke of Lancaster is sent over with another great Army , who passed up into many parts of the Country , but King Charles resolved to hazard no battell ; saying , They were but clouds , and would soone passe away ; yet so watched him , that what with light skirmishes , and what with skarcity of victuals , his forces were so diminished , that of thirty thousand which went out of Callice , there scarce retunred six thousand home : which made King Edward say of this King Charles , that he did him more mischiefe sitting still , then his Predecessours had done with all their stirring . And now by this time all Poictou is lost , and all Aquitaine also , but onely Burdeaux and Bayon : when the Arch-bishop of Roan and others , are sent from Pope Gregory the eleventh , to mediate a Peace betweene the two Kings ; but each of them standing upon high termes of conditions , nothing could be effected but Truce upon Truce , for two or three yeares together . In which time Edward Prince of Wales died , and with him we may say , the Fortune of England ; being a Prince so full of vertues , that he left no place for any vice ; and if he had lived in the Heroicke times , might well have beene numb●ed amongst the nine Worthies . His body was buried at Canterbury , where his Monument standeth . King Edward in his seven and fortieth yeare calleth a Parliament at W●stminster , which lasted but eight dayes ; and to which were Summoned by Writ , of Clergy men onely foure Bishops , and five Abbots . Of King Edwards Acts after the death of the Prince . IN the time of the Princes sicknesse , King Edw●rd cals a Parliament at Westminster ; in which , when demands were made for supply of the King , demands were presently made for redresse of grievances for the subjects . It was required that the Duke of Lancaster , the Lord Latymer then Lord Chamberlaine , Dame Alice Pierce the Kings Concubine , and one Sir Richard Sturry might be removed from Court. And this was so vehemently urged by their Speaker , Sir Peter la Moore , that the King , rather then not to be supplied , gave way unto it ; and thereupon all these persons are presently put from Court : but the Prince soone after dying , they are all recalled to Court againe , and restored to their former places . About this time ex●mplary justice was done upon Sir Iohn Minsterworth knight , who was drawne , hanged , and quartered at Tiburne , for Treason , by him committed , in defrauding Souldiers of their wages . Thi● was now the f●ftieth yeare of King Edw●●ds Raigne , and he for another Iubilee , gra●●s another generall pardon to his subjects● onely William Wic●ham Bishop of Winchester is excepted , being lately , by procurement of the Duke of Lancaster , fallen into the Kings displeasure● and forbidd●● to come to the Parliament . This Parliament was called the good Parliament●●●ough it wrought ill effects ; for Sir. Peter de la Mare , at the suite of Alice Pierce , is committed to perpetuall imprisonment at Not●ingham , though within two years after , by importunate suite of friends ; he regained his liberty . This Alice Pierce presuming upon the Kings favour , grew so insolent , that she entermedled with Courts of Justice , and other Offices , where ●he herselfe would fit , to countenance her Causes . And now the Duke of Lancast●● is come to have the Regencie , and to manage all the affaires of the kingdome ; but King Edward to prevent the mischiefes , when by disordering the succession might grow in the kingdome , providently settled the same in Parliament upon Richard of Burdeaux ; ●reating him first Earle of Chester and Cornwall , and then Prince of Wales , and caused all the Lords of the Realme to tal●e an Oath , to accept him for their King , as his lawfull Heire , when himselfe should be dead . In this meane time a Treaty was had about a marriage betweene this Prince Richard , and M●ry a daughter of Charles King of France : and an offer was made to King Edward , to leave him foureteene hundred Townes , and three thousand fortresses in Aq●itaine , upon condition he would render Callice and all that he held in Picardy ; but before any thing could be concluded , King Edward died . Of his Taxations . IN the eighth yeare of his Raigne , in a Parliament holden at London , there was granted him a fifteenth of the Temporalty , a twentieth of the Cities and Boroughs , and a tenth of the Clergy . In his tenth yeare , in a Parliament at Northampton , is granted a tenth penny of Cities and Boroughs , a fifteenth of others , and a tenth of the Clergy . Also all such treasure as was committed to Churches through England for the Holy Warre , is taken out for the Kings use , towards his warres with France . The next yeare after , all the goods of three orders of Monks , Lom●ards , Cluniakes , and Cistercians ; are likewise seised into the Kings hands : and the like Subsidy as before granted at Nottingham . In his twelfth yeare ( and as some write , in absence of the King ) in a Parliament at Northampton , is granted by the Laity , one halfe of their Wooll , but of the Clergy the whole . The next yeare after a fifteenth was likewise paid in Wooll by the Commonalty . In his foureteenth yeare , in a Parliament at London , is granted him for Custom● of every sacke of Wooll forty shillings , for every three hundred Wooll Fells forty shil● for every Last of Leather forty shillings ; and of other Merchandises according to the rate : the same to endure from that Easter to the Whitsontide twelve moneth after . Besides , there was granted of Citizens and Burgesses , a ninth part of goods ; of forraine Merchants and others , a fifteenth ; of Husbandmen , the ninth Sheafe , the ninth Fleece , the ninth Lamb for two years ; also another tenth of the Clergy : and for his present supply , he had Loanes of divers persons ; and the City of London lent tw●nty thousand Markes . For the grant of which mighty Subsidy , the King ( besides his Pardon to divers kinds of offendours ) remits all Amerciaments for transgressions in his Forests , Reliefs and Scurage , to the first time of his going into Flanders , besides all aides for the marriage of his sonnes and daughters during his Raigne ; pardoning and remitting all ancient debts and ●rr●rages , both of his Fermors and others , till the tenth yeare of his Raigne ; and likewise confirmes the great Charter of Magna Chartae : In his eighteenth yeare , in a Parliament at London , a tenth was granted by the Clergy , and a fifteenth by the Laity● Besides a Commission is sent into every Shire to inquire of mens abilities , and all of five pounds to tenne of Lay Fee , were appointed to finde an Archer on horsebacke ; of twenty five , a Demilaunce ; and so ratably above . There had formerly been made a certaine coyne of Gold called the Floren , of base alloy , for the Kings benefit , towards his warres in France , but this was now called in● and Nobles of finer metall coyned , to the great contentment of the people . In his nine and twentieth yeare , he hath by Parliament granted unto him fifty shillings upon every sack of Wooll , for six years next ensuing ; by which Imposition , it was thought , the King might dispend a thous●●d Markes Sterling a day , the vent of Wooll was so great in that time . But that which exceeded all his Taxations , was the Ransome he had in his foure and thirtieth yeare , of the King of France , three millions of crownes of Gold. In his twelveth yeare , he had taken from the Priors Aliens , their houses , lands , and tenements , for the maintenance of his French warres , which he kept twenty yeares in his 〈◊〉 and then restored them againe . In his six and thirtieth year was greater twenty sixe shillings eight pence , for transportation of every sacke of Wooll for three yeare● . In the five and fortieth yeare of his Raigne , in a Parliament at Westminster , the ●lergy granted him fifty thousand pounds to be paid the same yeare , and the Lai●y as much ; which was lev●ed by setting a certaine rate of five pounds fifteene shillings upon every Parish , which were found in the 37● Shires to be eight thousand and sixe hundred ; and so came in the whole to fifty thousand one hundred eighty one pounds and eight pence : but the 181. li. was abated to the Shires of Suffolk● and Devonshire , in regard of their poverty . In his eight and fortieth yeare , in a Parliament , is granted him a tenth of the Clergy , & a fifteenth of the Laity . In his fifti●h year , a Subsidy of a new nature was demanded by the young Prince Richard , whom ( being bu● eleven years of age ) the Duke of Lancaster had brought into the Parliament of purpose to make the demand ; to have two tenths to be paid in one yeare , or twelve pence in the pound of all Merchandises sold , for one yeare ; and one pound of silver for every knights Fee , and of every Fire-house , one penny : but instead of this Subsidy , after much altercation , there was granted another of as new a nature as this ; that every person , man and woman , within the kingdome , above the age of foureteene yeares , should pay foure pence , ( those who lived of Almes onely excepted ) the Clergy to pay twelve pence of every Parson Beneficed , and of all other religious persons foure pence ; a mighty aide , and such as was never granted to any King of England before . Of his Lawes and Ordinances . HE instituted the Order of the Garter , upon what cause is not certaine ; the common opinion is , that a Garter of his owne queene , or ( as some say ) of the Lady Ioane Countesse of Salisbury , slipping off in a Dance , King Edward stooped and tooke it up ; whereat some of his Lords that were present , smiling , as at an amorous action ; he seriously said , it should not be long ere Soveraigne honour should be done to that Garter ; whereupon he afterward added the French Morto , Honi soit qui maly pense ; therein checking his Lords sinister suspition . Some conjecture that he instituted the Order of the Garter , for that in a battell wherein he was victorious , he had given the word Garter , for the word or signe : and some againe are of opinion , that the institution of this Order is more ancient , and begunne by King Richard the first , but that this King Edward adorned it , and brought it into splendour . The number of the knights of this Order is twenty sixe , whereof the King himselfe is alwayes one , and president ; and their Feast yearely celebrated at Windsor on Saint Georges day , the Tutelar Saint of that Order . The lawes of the Order are many , whereof there is a booke of purpose . In the five and thirtieth yeare of his Raigne , he was earnestly Petitioned by a Parliament then holen , that the great Charter of Liberties , and the Charter of Forests might be duly observed ; and that the great Officers of the kingdome should ( as in former times ) be elected by Parliament : to which Petition , though the King at first stood stiffe upon his owne Election and Prerogative ; yet at last ( in regard to have his present turne served , ( as himselfe after confessed ) he yeelded , that such Officers should receive an Oath in Parliament , to doe justice to all men in their Offices : and thereupon a Statute was made and confirmed with the Kings Seale , both for that and many other Grants of his to his Subjects● which notwithstanding were for the most part shortly after revoked . This King also causeth all Pleas , 〈◊〉 were before in Fren●h , to be made in English , that the Subject might understand the course of the Law. Also in his time an Act was passed for Purveyours , that nothing should be taken up but for ready money , upon strict punishment . In the next Parli●ment holden the seven and thirtieth yeare of his Raigne , certaine S●mp●uary Lawes were ordained , both for apparell and diet ; appointing every degree of men , the stuffe and habits they should weare , prohibiting the wea●ing of gold and silver , silkes and rich furres to all , bu● eminent persons . The lab●●rer and husbandman 〈◊〉 ●ppointed but one 〈◊〉 day● and what meates he should 〈◊〉 . Also in his time , at the instance of the Lo●●oners● an Act was made that no common Whore should wea●e any Hood , except striped with divers colours ; nor Furres , but Garments reversed the wrong side outward . This King also was the first that created Dukes● of whom Henry of B●llingbr●oke , 〈◊〉 of Lancaster , created Duke of Lancaster , in the seven and twentieth yeare of his Raigne● was the first . But afterward he erected Cornwall also into a Dutchy , and conferred it upon the Prince : after which time , the Kings eldest sonne used alwayes to be Prince of Wales , Duke of Cornwall , and Earle of Chester . This King altered monies , and abated them in weight , & yet made them to passe according to the former value . Before his time , there were no other peeces but Nobles and halfe Nobles , with the small peeces of Silver , called Sterlings ; but ●●w Groats of foure pence , and halfe Groats of two pence , equivalent to the Sterling money , are coyned ; which inhaunsed the prises of things , that rise or f●ll , according to the plenty or scarcity of coyne ; which made Servants and Labourers to r●ise their wages accordingly . Whereupon a Statute was made in the Parliament now held at Westminster , to reduce the same to the former rate . Also an Act was made in this Kings time , that all Weares , Mils , and other stoppages of Rivers , hindering the passage of Boats , Lighters , and other Vessels , should be removed ; which though it were most commodious to the kingdome , yet it tooke little effect , by reason of bribing and corrupting Lords and great men , who regarded more their owne private , then the publike benefit . In a Parliament holden the tenth yeare of his Raigne , it was enacted that no Wooll growing within the Realme should be transported , but that it should be made in Cloath in Peter-pence are forbidden by the King , to be paid any more to Rome . The c●stome of washing poore mens feete on Maundy-Thursday , thought to have beene first brought in by this King. Affaires of the Church in his time . KING Edward upon some displeasure had imprisoned divers Clergy men ; whereupon Iohn Stratford Arch-bishop of Canterbury writes him a Letter , charging him with violation of the Rights of the Church , and with the breach of Magna Charta ; and after much good counsell given him , threatens , that if he amend not these disorders , he must and will exercise his Ecclesiasticall authoritie , and proceed to Excommunication of his Officers , though not of himselfe , Queen , or children . The King answers , and sends his Letter to the Bishop of London ; charging the Arch-bishop to be the c●●se of all this disturbance , having beene the man that first set him upon the warre with France ; assuring him he should want no money , and now had beene the hinderance , that monies given him by Parliament , were not duly levied : and after many remonstrances to such purpose , concludes , that if he desisted not from his re●●llions obstinacie , he would use his Temporall authority , and prooceed 〈…〉 as against a Rebell . But this difference betweene them was not long after , upon the Arch-bishops submission , reconciled . And indeed the great account which this King made of Clergy men , may appeare by his imploying almost none but Clergy men in all his Offices of account● Simon ●●●gham Arch-bishop of Canterbury , was Chancellour of England ; William Wickam Arch-deacon of Lincolne , keeper of the Privy Seale ; David Willer Parson of Somer●●●● , Master of the Rolles ; ten Beneficed Priests , Civilians , Masters of the Chancery ; William Mulse Deane of Saint Martins le Grand , chiefe Chamberlaine of the 〈◊〉 , Receiver and keeper of the Kings Treasure and Jewels● Will●am A●●●y Arch-deacon of Northampton , Chancellour of the Exchequer● William Di●ht●● 〈◊〉 of Saint Mar●ins , Clerke of the Privy Seale● Richard Chesterfield P●eb●nd 〈…〉 Stephens● Treasurer of the Kings house ; Henry Snatc● Parson of 〈…〉 of the Kings Wardrobe ; Iohn N●w●ham Parson of Fen●y-sta●●on , one of the 〈◊〉 of the Exch●quer ; Iohn ●ouseby Parson of 〈◊〉 , Surveyor and 〈◊〉 of the Kings workes ; Thomas Brittingham Parson of Asby , Treasurer 〈…〉 King , for the parts of Guisnes , and the Marches of Callice , Iohn Troys a Priest , 〈◊〉 of Ireland . 〈◊〉 the seventeenth yeare of his Raigne , in a Parliament holden at West●inster , 〈◊〉 is made of the great inconvenience that came by the Popes Collation of Benefices in England , conferring them upon Strangers who understood not the 〈◊〉 ; and therefore not fit to be Pastours over a Flocke they could not feed : and hereupon Sir Iohn Shordich is sent to Pope Clement the sixth , to require him to fo●●eare such Collations , and to signifie his consent therein : but this Message was 〈…〉 welcome to the Pope , that the Messenger came backe , unheard , at least unanswered● and the King taking his silence for consent● or perhaps not much caring whether he consented or no ; proceeded to a Prohibition of all such Collations within his Realme , on paine of Imprisonment , or death , to whomsoever should in time to come , present or admit any such person , who by the Pope were so preferred to the prejudice of the Kings Prerogative . These were disturbances in matter of Discipline ; but towards the end of his Raigne , there fell a disturbance in matter of Doctrine , for a certaine Divine , named Iohn Wickliffe , inveighed in his 〈◊〉 and other Acts in the Schooles , against the abuses of Churchmen , Monks , and other religious Orders ; and had by his Doctrine wonne many Disciples unto him , ( who after were called Lollards ) professing poverty , going bare-foot , and poorely clad in Ru●●et ; amongst other his Doctrines , he taught that neither King ●●r other secular Lord , could give any thing ●n perpetuity unto Church-men ; and th●● Temporall Lords , if they needed , might lawfully take the Goods of Religious Persons to relieve them in their necessities , by the example of William Rufus , and others . This man , the Duke of Lancaster , and Sir Henry Percy Marshall , much favour and cherish , extolling him for his learning and integrity of life ; which made him so farre to presume , that daily in one Church or other , he published his Opinions ; whereupon at length he is cited to answer before the Arch-bishop , the Bishop of London and others in ●auls . At the day appointed , the Duke of Lancaster and the Lord Marshall goe to conduct him ; when they were come to our Ladies Chappell , the Duke and Barons with the Bishops sitting downe , Iohn Wickliffe was by the Lord Marshall willed to sit downe , in regard ( he said ) the man had much to answer , and needed a convenient seat . The Bishop of London told him ; It was against all Law and Reason , that he who was there ●ited before his 〈◊〉 should sit . Hereupon contumelious words arose betweene the Lord M●●●hall and the Bi●●op ; the Duke takes the Marshals part , and sharpely reprehended the Bishop ; the Bishop returnes the like to the Duke ; who in a gre●● rage 〈◊〉 he would pull downe the pride of him , and of all the Bishops of E●gland● and whispering in his eare , told him he had rather pull him out of the Church by 〈…〉 of the head , then to suffer such indignities ; which words , the Londo●ers over-hearing , swore with a loud voyce , they would rather lose their lives the●● suffer ●●eir Bishop to be thus injuriously used . Their fu●y was the more against the Duke , for that the day before in the Parliament ( whereof he was President ) it was 〈◊〉 in the Kings name , that from thenceforth ●h●re should be no more a Major of London , but a Captaine appointed for the Government of the City , and that the Lord Marshall of England should arrest Offenders within the Liberties , as in other places . The morrow after the Citizens assembling to consult of this businesse , it happened the Lord Fits-water , and Guid● Bryan , came into the City ; which the People seeing , furiously ranne upon them , and were like to beate them downe for comming at that time . The Lord Fits-water protested , he came to no other end , but to offer his service to the City , being by inheritance their Standard bearer , and was to take injuries offered to them , as to himselfe ; and therefore willed them to looke to their defence . Whereupon they pres●ntly take Armes , assaile the Marshals Inne , bre●ke open the Ga●es , brought fo●th a Prisoner in his Gives , and set him at liberty , but found 〈◊〉 the Lord 〈…〉 with th● Duke , was that day to dine with one Iohn de 〈◊〉 . T●●n this furious multitude ranne to assaile the Sav●y ; which a knight of the Duk●●●●●ing , ha●tes to the plac● where his Lord dined , and acquain●● him with this 〈◊〉 in the C●●y . The Duke upon hearing it , leapes from the Table so hastily , that he hurt bot● his shinnes on the fowrme ; and with Sir Henry ●ercy alone takes boate , and goes to , Kennington neare Lambe●h , where the Princesse with the young Prince lay : to whom he complaines of this Riot , and the violence offered him . In the me●ne time the multitude comming to the Savoy , a Priest inquisitive to know the businesse , was answered , they went to take the Duke , and the Lord Marshall , and compell them to deliver Sir Peter de la Mar● , unjustly kept in Prison . The Priest replyed , th●t Sir Peter was a Traytor to the King , and worthy to be h●nged . At which words they all cryed out , This is Percy , This is the Traytor of England , his speech bewrayes him , though his App●rell be disguised , and presently they r●n upon him , and wounded him to death . The Bishop of London hearing of this outrage , leaves his dinner , hastes to the Sav●y , admonisheth them of the holy time being Lent ; assuring them all should be fairely ended for the good of the City with whose perswasions they were somewhat pacified ; but yet they tooke the Dukes Armes , and hung ●hem up reversed , in signe of Treason , in all the principall stree●s of the City . Upo● the Princesses advice , the chiefe Citizens send to the sick● King , to excuse this tumult ; saying , it was not in their power to suppresse it , the Commonalty being in commotion , upon an information that their Liberties should be taken from them by Parliament . The King told them , it never was in his thought to infringe their liberties , but he rather desired to enlarge them . But this affr●nt of the Citizens would not downe with the Duke , till he had pulled downe som● of the Principall of them ; for he caused the Major and Aldermen to ●e displaced , and other put in their roomes : a revenge he had better beene without , for he never had the love of the City after : and to want their love is a kind of banishment . Wickliffe himselfe , censured by the Bishops to abjure his Opinions , chose rather to leave his Country then his Doctrine , and going over into Bohemia , was there much honoured while he lived , and hath beene more since he dyed ; at least , a great part of his Doctrine continues in veneration amongst that people to this day . Workes of piety done by him , or by others in his time . HIs workes of Piety were great and many , as the Founding of East Minster , an Abbey ( of the Cistea●● Order ) neare the Tower. An Abbey for Nunnes at D●rtford in Kent . The Kings Hall in Cambridge for poore Schollers . An Hospitall for the poore at Callice . He conferred upon the University of Oxford , where he had himselfe beene trained up , under the learned Walter Burley , the chiefe rule of the City , subordinating the Major and Citizens to the Chancellour of the University . He Built Saint Stephens Chappel at Westminster , with the endowment of 300. pound per annum . He augmented the Chappell at Windsore , and made provisions there for Church-men , and foure and twenty poore knights . These were his publicke workes ; But besides these , his private Buildings were , the Castle of Windsore , which he re-edified and enlarged , the Castle at Quinborough , Fortifications at 〈◊〉 and other places . His Queen Philippa founded Queens Colledge in Oxford : 〈…〉 Countesse of Pembroke , the Colledge called Pembroke Hall in Cambridge . In this Kings t●me Sir Iohn Poultney Major of London , built the Colledge in London cal●●d 〈◊〉 L●wrence Poult●●y , and little Alhollo●es , a Parish Church in Thames street , ●●d also the Carmelite Friers Church in C●ventry . Henry Earle of Lancaster and 〈◊〉 , ●ounded the new Hospitall by the Castle of Leycester , wherein a hundred 〈◊〉 impotent people were provided for with all things necessary . William Elsing Merc●● of London , made a new Hospitall of an old house of Nunnes by Crippleg●●● , and placing Chanons Regular there , he became the first Prior thereof . Walter 〈◊〉 Bishop of Exeter , Founded Exeter Colledge , and Hart Hall in Oxford . William B●●eman Bishop of Norwich , builded Trinity Hall in Cambridge . Simon 〈◊〉 Arch-bishop of Canterbury , Founded Canterbury Colledge in Oxford . William 〈◊〉 Treasurer of England , Founded the Monastery of Edendon ; the religious brethren whereof were called B●nhommes . Sir Walter de Manny , borne in Cambray , purchased a piece of ground called Spittle Croft , containing thir●eene Acres , withou● the barres of West Smithfield , and caused the same to be enclosed , where he built a Chappell , and after Founded the same to be a house of Charter-house Monkes . Humphrey Bohun Earle of Hereford and Essex , re-edified the Augustine Friers Church in London , and was buried in the Quire there● In the two and thirtieth yeare of this Kings Raigne , Iohn Stody Major of London , gave unto the Vintners of London all the Quadrant where the Vintners Hall now standeth , with the Tenements round abou● , from the lane to this day called Studis lane● where are Founded thir●eene houses for thirteene poore people , which are there kept of charity . Also in this Kings time Sir Iohn Cobham Founded the Colledge of Cobham in Kent . I●hn L●vekin foure times Major of London , builded at Kingston upon Thames , where he was borne , a Chappell called Magdalens , to the which he joyned an Hospitall , wherein was a Master , two Priests , and certaine poore men : and for that the Parish Church of Saint Michael by Crooked-lane , where he dwelled , was a very homely thing , and the ground thereabout a filthy plot , by reason of the Burchers in Eastcheape , who made the same their lay-stall ; he on the same ground builded the faire new Parish Church of Saint Michael now standing , and was buried there in the middle of the Quire , under a faire Tombe of stone . He also Founded a Colledge to the same Church , neare thereunto adjoyning . Iohn Barnes Major of London , gave a Chest with three locks , and a thousand Markes to be lent to young men , upon sec●rity , so that it passed not one hundred Markes ; and for the occupying thereof , if he were learned , to say at his pleasure , De Profundis , for the soule of Iohn Barnes ; if he were not learned , to say Pater Noster : but howsoever the money is lent , the Chest at this day standeth in the Chamber of London , without money or p●●dges . Thomas of Woodstocke , the youngest sonne of King Edward , Founded a Colledge at Playsi● in Essex , where in his life he had provid●d a sumptuous Tombe , where he was first laid , but translated afterward to Westminster . Casualties happening in his time . IN the the two and twentieth yeare of his Raigne , a contagious Pestilence arose in the East and South parts of the world , and spread it selfe over all Christendome ; and comming at last into England , it so wasted the people , that scarce the tenth person of all sorts was left alive . There died in London ( some say in N●rwich ) betweene the first of Ianuary , and the first of Iuly , 57374. persons . In Yarmouth , in o●e yeare , 7052. men and women : before which time , the Parsonage there was worth 700. Markes a yeare , and afterwards was ●carce worth forty pounds a yeare . This Plague beganne in London about Alhollan●ide , in the yeare 1348. and continued till the yeare 1357. ●here it was observed , that those who were borne after the beginning of this mortality , had but twenty eight teeth , where before ●hey had two and thirty . In the twelveth yeare of his Raigne , a sudden ●●undation of water , at New-castle upon Tyne , bare downe a pi●ce of the Towne w●ll , and sixe pearches in length , neare to a place called Walkenew ; where a hundred and twenty men and women were drowned . In the five and thi●●ieth yeare of his Raigne , another Pestilence h●pp●ned in England , which was called the second Pestilence , in which died Henry Duke of La●caster , also Regin●ld Lord C●●ha●● , and Walter Fits-warren , two famous men ; and five Bishops , of W●rcester , of London , of Ely , of Lincolne , and of Chich●ster . In this Kings time , a Frost lasted from the midst of September , to the moneth of Aprill . In the fourth yeare of his Raigne , a solemne Justing or Turnament was holden at London in Ch●●pside , be●wixt the great Crosse and the great Conduit , 〈◊〉 S●per-la●●● which lasted three dayes ; where the Queen Philippa , with many Ladies , fell from a Stage , set up for them to behold the Justing ; and though they were not hurt at all , yet the King threa●●ed to p●nish the Carpenters for their negligence , till the Que●ne in●●●ated pardon for them upon her knees : as indeed she was alwayes ready to doe all good offices of mercie to all people . In the eleventh yeare of his Raigne was so great plenty , that a quarter of Wheate was sold at London for two shillings , a fat Oxe for a Noble , a fat Sheepe for sixe pence , and sixe Pigeons for a penny , a fa● Goose for two pence , and a Pigge for a penny , and other things after that rate . Of his Wife and Children . HE married Philippa , the daughter of William Earle of Haynault at Yorke ; a match made up in haste by Queene Isabell his mother , for her owne ends , although a better could never have beene made upon deliberation for King Edwards ends : for though her Parentage were not great , and her portion less● ; yet she made amends for both , in vertue ; for never King had a better Wife . By her King Edward had seven sonnes and five daughters : his eldest sonne Edward Prince of Wales , and commonly called the Blacke Prince , ( but why so called uncertaine for to say , of his dreadfull acts , as Spe●de saith , hath little probability ) was borne at Woodstocke , in the third yeare of his Fathers Raigne ; he married Ioane , the daughter of Edmund Earle of Kent , brother by the Fathers side to King Edward the second . She had beene twice married before ; first to the valiant Earle of Salisbury , from whom she was divorced : next to the Lord Thomas Holland ; after whose decease , this Prince passionatly loving her , married her : by her he had issue two sonnes , Edward the eldest , borne at Angoulesme , who died at seven yea●es of age ; and Richard borne at Burdeaux , who after his Father , was Prince of Wales , and after his Grandfather King of England . This Prince had also naturall issue , Sir Iohn Sounder , and Roger Clarendon Knights ; the latter being attainted in the Raign● of King Henry the fourth , is thought to have ●eene Ancestour to the house of Smiths in Essex . He died at Canterbury , in the sixe and fortieth yeare of his age ; and of his Fathe●● Raigne , the nine and fortieth , and was buried at Christs Church there . His second sonne William was borne at Hatfield , in Hertfordshire , who deceased in his childhood , and was buried at Yorke . His third sonne Lyonell was borne at Antwerpe , in the twelveth yeare of his Fathers Raigne ; he married first Elizabeth , the daughter and Heire of William Burgh , Earle of Ulster in Ireland ; in who●e Right he was first created Earle of Ulster : and because he had with her the honour of Clare , in the County of To●mond ; he was in a Parliament , created Duke of Clarence , as it were of the Countrey about the Towne and Honour of Clare ; from which Dutchy , the name of Clarentieux ( being the title of the King of Armes , for the South parts of England ) is derived . This Duke had issue by her one onely daughter , named Philippa afterward wife of Edmund Mortimer , Earle of March ; mother of Earle Roger , Father of Anne Countesse of Cambridge , the mother of Richard Duke of Yorke , Father of King Edward the fourth . The second marriage of this Duke was at Millaine in Lombardy , with the Lady Vi●lanta , daughter of G●leac●● the second Duke thereof ; but through intemperance he lived not long ●fter . King Edwards fourth sonne named Iohn , was borne at Ga●●t , in the foureteenth yeare of his Fathers Raigne ; he had three wives , the first was ●l●nch , daughter and Coheire , and in the end the sole Heire of Henry Duke of Lancaster , sonne of Edmund , sirnamed Crouch back ; by whom he had issue , Henry of Bullingbrooke Earle of Derby , after Duke of Hereford , and lastly King of England , named Henry the fourth , who first placed the Crowne in the house of Lancaster . By her also Iohn of Gaunt had two daughters , Philip wife of Iohn the first , King of Portugall ; and Elizabeth married first to Iohn Holland , Earle of Huntington , and after him , to Sir Iohn Cornwall , Baron of Fanhope . Iohn of Gaunts second wife was Constance , the eldest daughter of Peter King of Castile and Leon , in whose Right , for the time he intitled himselfe King of both those Realmes : by her he had issue one onely daughter named Katherine , married to Henry the third , sonne of King Iohn , in possession before , and in her Right after King of both the said Realmes . Iohn of Gaunts third wife was Katherine , the Widow of Sir Hugh Swinford , a knight of Lincolnshire , eldest daughter and Coheire of Payn Roet , a Gascoyne , called G●●en King of Armes for that Countrey ; his younger daughter being married to Sir Geoffrey Chawcer , our Laureat Poet. By her he had issue born before matrimony , and made legitimate afterward by Parliament , in the twentieth yeare of King Richard the second ; Iohn Earle of Somerset , Thomas Duke of Exeter , Henry Bishop of Winchester , and Cardinall , and Ioane ( who was first married to Robert Ferrers Baron of Wemme , and Ou●sley , in the Counties of Salop and Warwicke ) and secondly , to Ralph Nevill , the first Earle of Westmerland . She and all her brethren were sirnamed Beaufort , of a Castle which the Duke had in France , where they were all borne ; and in regard thereof , bare the Portcullis of a Castle for the Cognisance of their Family . This Duke in the thirteenth yeare of his Nephew King Richard was created Duke of Aquitaine , but in his sixteenth yeare he was called home , and this title re-called ; and the third yeare after , in the sixtieth of his age , he died at Ely house in Holbourne , and lieth honourably Entombed in the Quire of Saint Paul. King Edwards fifth sonne Edmund , sirnamed of Langley , was first in the yeare 1362. created Earle of Cambridge , and afterward in the yeare 1386. made Duke of Yorke ; he married Isabell , daughter and Coheire to Peter , King of Castile and Leon : his sonne Richard Plantagenet Duke of Yorke , tooke to wife Anne Mortimer , Heire of the foresaid Lyonell , elder brother to Edmund of Langley . King Edwards sixth sonne William , sirnamed of Windsor , where he was borne , died young , and is buried at Westminster . King Edwards youngest sonne Thomas , sirnamed of Woodstocke , where he was borne , was first Earle of Buckingham , and after made Duke of Glocester by his Nephew King Richard the second . He was a man of valour and wisdome , but the King surmizing him to be a too severe observer of his doings ; consulted with Thomas Mowbray , Duke of Norfolke , how to make him away : whom Mowbray unawares surprising , convaied secretly to Callice , where he was strangled the twentieth yeare of King Richards Raigne . He had issue one sonne , Humphrey Earle of Buckingham , who died at Chester of the Pestilence , in the yeare 1400. and two daughters , Anne married first to Edmund Earle of Stafford , by whom she had Humphrey Duke of Buckingham ; secondly to William Bourchier Earle of Ewe , by whom she had Henry Earle of Essex , and Ioane married to Gylbert Lord Talbot , and h●d issue by him a daughter , who died young . Of King Edwards daughters , the eldest named Isabell , was married at Windsor to Ingelram of Guysnes , Lord of Co●cy , Earle of Soysons , and after Arch-duke of Austria ; created also by King Edward , Earle of Bedford : by whom she was mother of two daughters ; Mary married to Henry Duke of Barre , and Philip married to Robert de Vere Earle of Oxford , Duke of Ireland , and Marquesse of Dublyn . This Robert in the height of his fortunes forsooke his Lady Philip , and married one Lancerona a Joyners da●ghter ( as was said ) which came with King Richard the seconds wife ou● of Bohemia ; and being for abusing the Kings eare , driven out of the Land by the Lords , he died at London in extreame poverty in the yeare 1392. Isabell his wives mother , was buried in the Church of Friers Minorites neare Aldgate in London . King Edwards second daughter Ioane was married by Proxie to Alphonsus , King of Castile and Leon● but passing into Spaine , died by the way ; and King Alphonsus met her , instead of consummating his Espousall , to solemnise her Funerall . His third daughter Blanch died young . His fourth named Mary , was married to Iohn Montford Duke of Britaine . His youngest named Margaret , borne in Callice , was the first wife of Iohn de Hastings , Earle of Pembroke , but died without issue . Of his Personage and Conditions . HE was of stature indifferent tall , of sparkling eyes , of a comely and manly countenance , in his later time something bald ; and concerning his conditions , no man was more gentle , where there was submission ; where opposition , no man more sterne . He was a Prince no lesse of his passions , then of his people ; for he was never so loving , as to be fond ; nor ever so angry , as to be inexorable : but this must be understood of the time while he was a man , for in his old age , when he came to be a childe againe , he was Prince of neither . He was no lesse fortunate then valiant ; and his fortunatenes was the greater by a kind of Antiperistatis , as comming betweene two unfortunate Princes ; Successour to one , and Predecessour to another . He was of so warlike a disposition , that his very sports were warlike ; for no delights were so frequent with him as Justs and Tournaments . To shew his devotion , one example may be sufficient , for when neither Cardinals nor Counsellours could move him to make peace with France , a tempest from Heaven did it ; to which may be added , that he never wanne great battell , of which he wanne many , but he presently gave the glory of it to God by publike Thanksgiving . He out-lived the best wife , and the best sonne that ever King had ; and to say the truth , he out-lived the best of himselfe , for his later years were not answerable to his former . Of his Death and Buriall . KING Edward besides his being old , and worne with the labours of warre , had other causes that hastened his end : his griefe for the losse of so worthy a sonne , dead but tenne moneths before ; his griefe for the losse of all benefit of his conquests in France , of all which he had little now left , but onely Callice : and oppressed thus in body and minde , he was drawing his last breath , when his Concubine Alice Pierce packing away what she could catch , even to the Rings of his fingers , left him ; and by her example , other of his attendants , sea●sing on what they could come by , shift away ; and all his Counsellours and others forsooke him , when he most needed them , leaving his Chamber quite empty ; which a poore Priest in the house seeing , he approaches to the Kings Bed-side , and finding him yet breathing , cals upon him to remember his Saviour , and to aske mercie for his offences , which none about him before would doe : but now moved by the voyce of this Priest , he shewes all signes of contrition , and at his last breath expresses the name of Jesus . Thus died this victorious King at his Manor at Sheene , ( now Richmond ) the one and twentieth day of Iune , in the yeare 1377. in the sixty fourth yeare of his age , having Raigned fifty yeares , foure moneths , and odde dayes . His body was conveyed from Sheene by his foure sonnes and other Lords , and solemnly interred within Westminster Church , where he hath his Monument , and whereit is said , the sword he used in battell , is yet to be seene , being eight pound in weight , and seven foote in length . Of Men of Note in his time . MArtiall men were never more plentifull then in this Kings Raigne : whet●●r it were that the Starres have an influence to produce such men at one time more then another : or whether it were that Regis ad exempl●● , the Kings example made his subjects like himselfe : or lastly , that his continuall exercise of Armes put them as it were into a mould of fortitude . The first of this kinde , is worthily Edward the Blacke Prince , and so worthily the first , that Longe erit ● primo quisque secundus erit . Next him is Henry Earle of Lancaster , the Princes right hand , in all his great at●●●evements : then William the valiant Earle of Salisbury , then Iohn Eure , Ancestor to 〈◊〉 Lord Eures that now liveth ; then follow the Lord Iohn Chandos , Sir Iames Aude●● , Sir Walter de Manny , Sir Robert Knolls , then Sir Iohn Hawkewood born in Essex ; who ●●ough not much honoured at home , having been a Taylour , yet in forrain parts , and ●●ecially in Italy so famous , that his Statue was erected in publike , for a Monument 〈◊〉 testifie his valour to posterity . And here must not be forgotten , Venile●night ●night , a Norfolke man ; who when the Scots and English were ready to give battell , ● certaine stout Champion of great stature , commonly called Tournboll , comming 〈◊〉 of the Scots Army , and challenging any English man to meete him in a single combate ; this Robert Venile accepteth the challenge , and marching towards the Champion , and meeting by the way a certaine blacke Mastiffe Dogge which wai●ed on the Champion , he suddenly with his sword cut him off at the loynes , and afterwards did more to the Champion himselfe , cutting his head from off his shoulders . And as there was this great plenty of Martiall men , so there was no lesse plenty of learned men ; Iohn Baconthorpe borne in Norfolke , a Carmelite Frier , who wrote divers excellent Treatises in Divinity ; Nicholas Trivet born also in Norfolk : a black Frier , who wrote two Histories , and a book of Annals : Richard Stradley , born in the Marches of Wales , a Monk and a Divine , who wrote divers excellent Treatises of the Scriptures : William Herbert a Welshman , and a Frier Minor , who wrote many good Treatises in Divinity : Tho. Walleis a Dominican Frier , and a writer of many excellent books : Iohn Eversden a Monk of Bury in Suffolk , an Historiographer : Walter Burley a Doctor of Divinity , brought up in Martin Colledge in Oxford , who wrote divers excellent Treatises in Naturall and Morall Philosophy , which remaine in estimation to this day ; and who for the great fame of his learning , had the honour to be one of the Instructours of Edward the blacke Prince : Roger of Chester , a Monke of that City , and an Historiographer : Iohn Burgh a Monke , who wrote a History , and also divers Homilies : Richard Aungervill Bishop of Durham , and Lord Chancellour of England , borne in Suffolke : Walter Heminford , an Historiographer : Richard Chichester a Monke of Westminster , who wrote an excellent Chronicle from the yeare 449. to the yeare 1348. Richard Rolle , alias Hampole , who writ many excellent Treatises in Divinity : Robert Holcot a blacke Frier , borne in Northampton , a learned Schooleman , and wrote many bookes in Arguments of Divinity : Thomas Bradwardin , borne neare Chichester in Sussex , Arch-bishop of Canterbury , and who wrote against the Pelagians , and for his depth of learning , had the Title of Doctor Profundu● : Richard Fits Ralph , Arch-bishop of Armagh in Ireland , a learned writer : William Grysant , named Anglicus , a notable Physitian , whose son came to be Pope , and was called Urbane the fifth : Iohn Killingworth an excellent Philosopher , Astronomer , and Physitian : Ranulph Higden a Monke of Chester , an Historiographer : Bartholomew Glanvile , descended of those Glanviles that were sometimes Earles of Suffolke : Simon Islip Arch-bishop of Canterbury , and Founder of Canterbury Colledge in Oxford , who wrote many Treatises : Matthew Westmonasteriensis , who wrote the booke called Flores Historiarum : William Fleete an Hermit , who wrote sundry Treatises , exhorting England to repentance : Henry Knighton , who wrote a History Intituled De gestis Anglorum : and lastly two other , worthy perhaps to have beene placed first ; Iohn Mandevill the great Travellour , a Doctor of Physicke , and a knight , who died at Liege , in the yeare 1372. and Sir Geoffrey Chawcer , the Homer of our Nation ; and who found as sweete a Muse in the Groves of Woodstocke , as the Antients did upon the banks of Helicon . THE REIGNE OF KING RICHARD THE SECOND . RICHARD , called of Burdeaux , because born there , the onely Sonne of Edward the black Prince , was by his Grandfather in his life-time declared to be his Heire and lawfull Successour ; and accordingly after his death was crowned King of England , at Westminster , the sixteenth day of Iuly , in the yerre 1377. by Simon Su●bury Archbishop of Canterbury : And for the more solemnity of his Coronation , he then m●de nine Knights , and created foure Earles : Thomas of Woodstock , King Edward the Thirds youngest Sonne , was created Earle of Buckingham and Northampton ; Thomas Mowbray , younger brother of Iohn L. Mowbray , Earle of Nottingham ; Gifford Angoulesme a Gascoigne , was made Earle of Huntington ; and Henry Percy sonne of Henry L. Percy , was created Earle of Northumberland . At the time of the Coronation , the Duke of L●ncaster , by the name of Iohn King of Castile and Leon , and Duke of Lancaster , put in his claim as Earle of Leicester , to have the place of Earle Marshall of England ; as Duke of Lancaster , to carry the sword called Curtana ; as Earle of Lincolne , to be Carver that day ; all which to be executed by himselfe , or by his sufficient Deputy ; which , with the fees thereunto belonging , were confirmed unto him . As likewise , divers others made their claimes : Robert de Veere , E●rle of Oxford , to have the office of Chamberlaine , and to powre out water for the King to w●sh : Iohn Wiltshire Citizen of London , by reason of a Moyitie of the Manour of Heydon , holden in Sergeantie , claimed to hold a Towell for the King to wipe with when he went to meat : Thomas Beauchampe Earle of Warwick , to beare the third Sword before the King ; and also to exercise the office of Pantler : Sir Iohn Argentine , by reason of his Manour of Wimondtey in the County of Hartford , to serve the King at his Cup : William L. Furnivall , for his Manour of Fernham , to support the Kings right arme when he held the Royall Scepter : Anne late wife of Iohn de Hastings Earle of Pem●rooke , ●or hi● Manour of Ashele in Norfolke , to have the Office of Naperer ; which she was admitted to doe by her Deputy Sr. Thomas Blunt : Richard Earle of Arundell , for his Manour of B. in Kent , was admitted to be chiefe Butler : The L. Major of London , to attend in his owne person , as chiefe Cup-waiter : Sir Iohn Dimmock , for his Manour of Scrivelbie ; and Sir Baldwin Frevile , for his Castle of Tamworth , in the County of Warwick , contended for the Office of being the Kings Champion ; but adjudged to Dimmock : William de Latimer , and Iohn the sonne and heire of Iohn Mowbray of Axholm , joyntly petitioned to have the Office of Almoner ; but adjudged to Latimer : Richard Lion , as Tenant of the Manour of L. held by the service of making wafers for the King at his Coronation , was thereunto admitted : The Barons of the Cinque-Ports were admitted to beare the Kings Canopy , upon foure staves of silver , over the Kings head ; and also to sit at meat in the Hall , at the highest Table on the Kings right hand : Iohn Fitz-Iohn , by reason of his Manour of S. in Norfolk , was admitted to be chiefe Larde●er : Richard Herring , for the Manour of C. in the County of Surry , claimed to be Usher of the Kings Chamber ; but because that claim did no way concern the Coronation , he was left to pursue his Right some other time . The Coronation it selfe was performed with great solemnity : After a Sermon , the King tooke his Oath ; and then the Archbishop blessed the King ; which done , he tore ●ff his garments , and strippped him into his shirt ; then he annoynted his hand● , head , breast , shoulders , and the joynts of his armes , with the s●cred Oyle ; and after certaine Prayers , he then cl●dd● him , first with the Coat of S. ●dward , and after with his Mantle : after which , the Archbishop delivered him the Sword , saying , Accipe Gladium ; with which two Earles gyrded him : Then he gave him Bracelets , saying● Accipe Armillas : After this , he put upon him an upper vesture called a Pall , saying● Accipe Pallium : In the meane time , while the Archbishop blessed the Crowne , he to whose Office it pertained , put spurres on his heeles ; after the Crown was blessed , the Archbishop set it on his Head , saying , Coronet te Deu● : then he delivered him a Ring , saying , Accipe An●●lum : Immediately herewith came the L. Fur●ivall , by virtue of his Office , offering him a red Glove ; which the Arch B. blessed , and putting it on his hand , gave him the Scepter , saying , Accipe Scep●rum : and after that , in his other hand , delivered him a Rod , on the top whereof stood a Dove , saying , Accipe Virgam Virtuti● ; and then blessed the King , saying , Benedicat te De●● : which done , the King kissed the Bishops and Abbots , by whom he was afterward led to his seat : and so ended the solemnity . The tender yeares of the King , being but eleven yeeres of age , required a Protector : but being perhaps thought dangerous to commit that Authority to onely one , who might rather seeke to get it for himselfe , then to keep it for another , It was thought fit to commit it to many ; and thereupon Iohn Duke of Lancaster , Edm●●d Earle of Cambridge , the Kings Unkles ; with some other Lords and Bishops , were joyned in Commission to manage the State ; and Guishard de Angoulesme appointed to be his Schoole-master . And now the Kings Minority made forreigne Princes conceive , that this would be a time of advantage for any that had quarrell to England : which the French and Scots tooke presently hold of ; For , the French came now , and burnt the Town of Rye ; and soone after , entring the Isle of Wight , burnt divers Townes there ; and though they were repelled from the Castle by the valiant Sir Hugh Tyrrell Captaine thereof , yet they constrained the men of the Isle to give them a thousand Markes , to spare the residue of their houses and goods : and departing thence , they set on land where they saw advantage , burning sundry Towns neere to the shoare ; as Portsmouth , Dertmo●th , and Plimmouth : and then sayling towards Dover , they burnt Hastings , assaulted Winchelsey ; but being valiantly defended by the Abbot of Battell , were forced to retire : After this , they landed not far from the Abby of Lewis , at a place called Rottington ; where the Prior of Lewis , with Sir Thomas Cheyny , and Sir Iohn F●llesly , encountring them , were overthrowne , and taken Prisoners . And no lesse then the French , were the Scots also now busie ; for comming one morning by stealth , they wonne the Castle of Barwick ; but shortly after , upon knowledge thereof had , they were driven out againe by the Earles of Northumberland and Nottingham ; and all the Scot● they found in it , except Alexander Ramsey their Captaine , put to the sword . About Michaelmas , a Parliament was held at Westminster , wherein Alice Pierc● , the late Kings Concubine , was banished the Realms , and all her goods confiscate ; and two Tenths of the Clergie , and two Fifteenths of the Temporalty were granted ; but so , as that two Citizens of London , William Walworth , and Iohn Philpot , should receive and keepe it , to see it bestowed for defence of the Realme . In this time , Sir Hugh Calverley , Deputy of Callis , burnt six and twenty French ships in the Haven of Bulloigne : and at the same time a great Navy is set out , under the guiding of the Earle of Bucki●gham , the Duke of Britaine , the Lord L●timer , Sir Robert Knolls and others , with a purpose to intercept the Spanish Fleet ; but through Tempest were twice driven back : when in the mean time , one Mercer a Scottish Pyrate , came to Sc●rborough , tooke there divers ships , and committed many outrages : and no order being taken to repell him , a Citizen of L●●do● n●med Iohn Philpot , at his own charges set forth a Fleet , and in his own person encountring them , tooke the said Mercer , and all his ships : and returning home , in stead of being rewarded for his service , he was called in question for presuming to raise a Navy , without advice of the Kings Councell : but he gave ●uch reasons for that he had done , that not onely he came off then wi●h credit , but lives in reputation for it to this day . Indeed Reasons of State , though they may secretly be censured , yet they must not openly be controlled , for this were to bring Authority into contempt , and in stead of Errors to bring in Confusion ; but yet when wrongs be offered that are publick , every particular person seemes to have an interest in taking revenge ; and though it may be no manners not to stay the States leisure , yet it can be no offence to doe their worke for them . Many actions passed at this time with the French and Scots , some prosperous , and some adverse : The Scots burne Roxborough ; this was adverse : but the Earle of Northumberland entring Scotland with ten thousand men , spoyleth the Lands of the Earle of March , the chief Incendiary , this was prosperous : but when the Northern men would needs make a Road into Scotland , and were encountred by the Scots , and put to flight , this was adverse . Anon after Midsomer , the Duke of Lancaster , with the Earles of Buckingham , Warwick , Stafford , and others of the Nobility , with a strong Power to●ke the Sea , and landing in Britaine , besieged the Towne of S● . Malo , but finding strong opposition , is forced to raise his Siege , and returne home : this was adverse . And now againe , the Scots by night entred secretly into the Castle of Berwick , and slew Sir Robert Baynton , that was Constable there : this also was adverse : But when the Earle of Northumberland , being advertised ther●of , came with a Power , assau●ted the Castle , and after two daye● defence recovered it againe ; this was prosperous . William Montacute E●rle of Salisbury , the Kings Lieutenant in Callis , forrageth the Country round about , and furnisheth Callis with Booties of French cattell : Sir Hugh Calverley and Sir Thomas Percy made Admiralls● put to Sea● and take divers ships laden with merchandise , and one sh●p of warre : Sir Iohn H●●leston , Captaine of Chierbourg in France , issuing forth , assaults a Fortresse of the French , which was the storehouse of their Provision , and with much valour takes it : these were prosperous : But when Sir Iohn Clerke , lying in Ga●rison in a Castle in Britaine , where la● many Eng●●sh ships in the Haven , ●ad ●he●e ships let upon by the French , where though he shewed incredible valo●r in the action , yet the ships were taken , and himselfe slaine : this was adverse . Also in the third yeere of this Kings Reigne , Sir Iohn Arundell , Sir Hugh Calverley , Sir Thomas Percie , Sir William Elmham , Sir Thomas Banister , and many other Knights , went to Sea , with a purpose to passe over into Britaine ; but were so beaten back w●th Tempest , that divers of their ships were ●ast away ; and Sir Iohn Arundell , Sir Thomas Banister , Sir Nicolas Trumping●on , Sir Thomas Dale , and above a thousand others were all drowned ; onely Sir Thomas Percie , Sir Hugh Calverley , Sir William Elmham , and certaine others escaped . It may not be imper●inent to note here the sumptuousnesse of those times ; for this Sir Iohn Arundell was then said in his Furniture to have two and fifty new sutes of apparell of cloath of Gold and Tissue , all lost at Sea. This yeere also , there being found inconvenience in having many Governors of the King and Kingdome , it was by Parliament decreed , Th●t the Lord Thomas Beauchampe , Earle of Warwick● should himself alone hold the place of Protector . About this time Sir Iohn Annesley Knight accused Thomas Katrington Esquire , for betraying the Fortresse of St. Saviour to the French : which Katrington denying● at the suit of Annesly a solemne combat is permitted to be between them ; at which combat the King and all the great Lords were present : the Esquire Katrington was a man of a mighty statu●e , the Knight Annesley a little man● yet through the justnesse of his cause , after a long fight , the Knight prevailed , and Katrington , the day after the combat dyed . In the beginning of the fourth yeere of this King , Thomas of Woodstock Earle of Buckingham , the Kings Unkle , with divers Earles and Lords , and an Army of seven or eight thousand , was sent into France , to aide the Duke of Britaine ; but the King of France at that time dying , the Duke of Britain grew to have peace with the new King ; whereupon the Earle of Buckingham came home againe , without doing much , but making of Knights , and forraging the Country . In this time the French and Spanish Gallies did much mischiefe on the Coast of England : they burnt Rye , H●sti●gs , a●d Portsmouth ; and at last , ent●ing the River of Thames , they came up to Gravesend , where they burnt most part of the Towne , and taking many Prisoners and Booties returned into France . At this time also , there fell out an Accident of great disturbance to the Realme ; for the Commons rose in divers parts , beginning at Dep●ford in Kent : and the cause of their Rising grew ( as was thought ) through the rude behaviour of a Collector of the Poll-money , who comming into the house of one Iohn Tyler , and demanding Pollmony of his wife for a daughter of hers , and she saying that her daughter was not of that age to pay , the rude fellow said , he would presently see whether that were so , or no , and thereupon forceably turned up her clo●thes ; whereat the mother making an outcry , her husband being at work hard by , and hearing the noyse , came in with his lathing-staffe in his hand , with which he gave the Collector such a blow on the head , that his braines flew out , and he presently dyed . Upon this , at the complaint of Tyler amongst his neighbours , and withall , a factious Clergie-man , one Iohn ●●ll , taking occasion hereat to rip up the ground of this Misgovernment , and telling the people , that this difference of mens Estates , where some are Potentates , and some are Bondmen , was against Christian liberty , taking for his Theame , When Adam delv'd and Eve span , who was then ● Gentleman ? he so incensed them , that the Commons in divers parts drew together ; and whether beginning in Kent , or otherwise in Essex , they drew at last into their faction the Commons of S●ssex , Hartfordshire , Cambridgshire , Suffolk , Norfolk , and other Shires ; and arresting all such as passed , made them sweare to be true to K. Richard , and to the Commons , and never to receive any King that should be called Iohn ; which they did for the envy they bore to Iohn Duke of Lancaster . Thus their number still increased , that by that time they were come as farre as Black-heath , they were esteemed to be a Hundred Thousand . The first thing they did when they came to London , was to send for one Richard Lyon , a grave Citizen , who had been Tylers Master , and his head they struck off , and carried it upon a pole , in Triumph before them : The next day they goe to the Savoy , the Duke of La●casters house , which they set on fire , burning all his rich Furniture , breaking in pieces all his Pla●e and Jewels , and throwing them into the Thames , saying , They were men of justice , and would not like Robbers enrich themselves with any mans goods : and when one of their fellowes was espyed to thrust a faire silver piece into his bosome , they tooke him , and cast both him and the piece into the fire : Two and thirty of them were got into the Dukes Wine-Cellar , where they stayed drinking so long , till the rafte●s of the house , on fire , fell upon them , and so covered them , that not able to get out , they were heard cry seven dayes after , and then perished . From the Savoy they went to the Temple , where they burnt the Lawyers lodgings , with their bookes and writings , and all they could lay hand on : Also the House of St. Iohns by Smithfield they set on fire , so that it burned for the space of seven dayes together . After this they came to the Tower , where the King was then lodged ; and though he had at that time sixe hundred armed men , and as many Archers about him , yet he durst not but suffer them to enter ; where they abused the Kings mother , offering to kisse her , in such rude manner , that she fell into a swound : and finding in the place Simon Thybold Archbishop of Canterbury and Lord Chancellour ; and Sr. Robert Hales also Lord Treasurer ; they led them to the Towerhill , and there in most cruell manner struck off their head● , as also of divers others : Neither spared they sacred places ; for breaking into the Church of the Augustine Fryers , they drew forth thirteene Flemmings , and beheaded them in the open streets ; as also seventeen other , out of other Churche● . Yet after all these outrages , the King proclaimed Pardon to all such as would lay down Armes , and goe quietly home ; which the Essex-men did , but the Kentish-men continued still , with their Captaine Wat Tyl●r : to whom when the King sent Sir Iohn Newton to understand what his meaning was ; Wat Tyler , offended because he came on horse-back , told him , it became him to light from his horse in his presence ; a●d therewith drew out his dagger to strike him : the King perceiving his Knight to be in danger , bade him alight from his horse : but when this would not pacifie him , the Major of London , William Walworth , by the Kings appointment rode to him and arrested him , and gave him such a blow on the head , that he astonied him ; and then other of the Kings servants drew their swords , and thrust him through in divers parts of his body , so as he died there in the place . When the Commons saw this , they cryed out , Our Captain is slain , let us revenge it . Here the King , though very young , not above fifteen yeeres of age , yet had the courage to ride unto them , telling them , that now their Leader was dead , he would be their Leader himselfe ; and if they would follow him into the fields , they should have whatsoever they desired . In the meane time , the Lord Major Walworth had gone into the City , and raised a Thousand armed men , and meeting Sir Robert Knolls by chance , got him to be their Leader ; who comming into the fields where the Rebels were , so daunted them , that throwing downe their weapons , they cryed for mercy : that it was a wonderfull thing to see how suddenly Fear overtook Presumption ; for scarce their words of Insolency were out of their mouths , when they fell to words of most servile submission : And as strange an alteration in those about the King , to see how suddenly Boldnes surprized Feare ; for scarce they left trembling at the sight of the Rebels , when suddenly upon sight of this Ayde their fingers itched to be setting ●pon them , but that the King would not suffer it , because some amongst them were there by compulsion , and to set upon them thus mingled , might as well be the death of the innocent , as of the guilty . But to pacifie them the more , the King caused his Charter of Manumission to be sent unto them ; which yet stayed them not from committing outrages at S● . Albans , and cancelling the antient Charters of the Abbots and Monks there . Besides , the Sedition was more generall , then that the appeasing it in one place could be finall ; for at the same time there were gathered together in Suffolk to the number of Fifty thousand , by the setting on of one Iohn Wraw a lewd Priest : and these fell to destroying the houses of Lawyers speciallly ; and Sir Iohn Cavendish L. Chiefe Justice of England , they beheaded , and set his head upon the Pillory in St. Edmundsbury . The like commotion of the Commons was at the same time also in Cambridgeshire , in the Isle of Ely , and in Norfolke , under the guiding of one Iohn Littester a Dyer : and to countenance their proceeding the more , they had a purpose to have brought William Vfford Earle of Suffolke into their fellowship ; but he , advertised of their intention , suddenly rose from supp●r , and got him away : but many other Lords and Knights they compelled to be sworne to them , and to ride with them ; as the Lord Scales , the Lord Morley , Sir Iohn Brewi● , Sir Stephen Hales , & Sr. Robert Salle , who not enduring their insolencies , had his braines dasht out by a Country Clowne that was his Bondman : The rest terrified by this example , were glad to carry themselves submissively to their Chieftaine Iohn Lit●ester , who named himselfe King of the Commons , and counted it a preferment for any to serve him at his Table , in taking the assay of his meates and drinkes , with kneeling humbly before him , as he sate at meat . And now these fellowes , upon a c●nsultation , send two choycemen , namely , the L. Morle● and Sir Iohn Brewi● , with three of their chiefe Commons , to the King , for their Charter of Manumission and Enfranchising : who being on their way , at Itchingham not farre from New market , they met with Henry Spenser Bishop of Norwich ; and he examining them if there were any of the Rebels in their company , and hearing that thr●e of the chiefe were there present , he presently caused their heads to be struck off ; and then pursuing on towards Northwalsham in Norfolke , where the Commons stayed for Answer from the King ; by that time he came thither , where he had at first but eight Launces , and a small number of Archers in his company , his number was so increased , that it came to be a compleat Army , with which he set upon the Rebels , discomfited them , and tooke Iohn Littester and their other Chieftains , whom he caused all to be executed ; and by this meanes the Country was quieted . After this , the Major of London●ate ●ate in Judgment upon Offenders ; where many were found culpable , and lost their heads ; amongst other , Iack Straw , Iohn Kirkeby , Alane Tredder , and Iohn Sterl●ng , who gloried that he was the man had slaine the Archbishop . Also Sir Robert Tresilian Chiefe Justice , was appointed to sit in Judgement against the Offenders ; before whom above fifteen hundred were found guilty , and in sundry places put to death : amongst others , Iohn Ball Priest , their Incendiary ; of whom it is not impertinent to relate a letter he wrote to the Rebell-rabble of Essex ; by which we may see how fit an Oratour he was for such an Auditory , and what strength of perswasion there was in Non-sence : Iohn Sheepe St. Mary Priest of Yorke , and now of Colchester , greeteth well Iohn Namelesse , and Iohn the Miller , and Iohn Carter ; and biddeth them that they beware of guile in Borough , and stand together in Gods name : and biddeth Piers Plowman goe to his work , and chastise well Hob the robber , and take with you Iohn Trewman and all his fellowes , and no moe . Iohn the miller ye ground small , small , small ; the Kings Sonne of Heaven shall pay for all . Beware or ye be woe : Know your friend from your foe : Have enough , and say Ho ; and doe well and better : Flee sinne , and seeke peace , and hold you therein : and so biddeth Iohn Trewman and all his fellowes . Neither is it impertinent to declare the Confession of Iack Straw at his execution : When we were assembled ( said he ) upon Blackheath , and had sent to the K. to c●me to us , our purpose was to have slaine all Knights and Gentlemen that should be about him : and as for the King , we would have kept him amongst us , to the end the people might more boldly have repaired to us ; and when we had gotten power enough , we would have slaine all Noblemen , and specially the Knights of the Rhodes ; and lastly we would have killed the King , and all men of possessions , with Bishops , Monkes , Parsons of Churches ; onely Friers Mendicants we would have spared , for administration of the Sacraments : Then we would have devised Laws according to which the people should have lived ; for we would have created Kings , as Wat Tyler in Kent , and other in other Countries : and the same evening that Wat Tyler was killed , we were determined to set fire in foure corners of the City , and to have divided the spoyle amongst us : and this was our purpose , as God may helpe me now at my last end . ] For his service done in this seditious businesse , the King knighted the Major William Walworth , and gave him a hundred pounds a yeere in Fee ; also he knighted five Aldermen his brethren , girding them abou● the waste with the girdle of knighthood , which was the manner of Graduating in those dayes : And to doe the City it selfe honour , he granted there should be a Dagger added to the Armes of the City ; for till this time the City bore onely the Crosse without the Dagger . And now all parts being quiet , the King by Proclamation revoked and made void his former Charters of Infranchising the Bondmen of the Realme ; and that they should stand in the same condition they were before . In the time of this sedition , the Duke of Lancaster had been sent into Scotland , to keep the Scots quiet ; who so carried the matter , that before the Scots heard of the Sedition , a Truce was concluded for two or three yeeres . But the Duke comming back to Berwick , was denied by the Captaine Sir Matthew Redman , to enter the Towne , because of a Commandement given him by the Earle of Northumberland , L. Warden of the Marches , not to suffer any person to enter the same ; which the King indeed had appointed to be done , forgetting the Duke of Lancaster that was then in Scotland : but howsoever , this bred such a spleen in the Duke against the Earle , that at his comming home , he laid many things to the Earles charge , and the Earle as stoutly answered his objections : and so farre it proceeded , that both of them came to the Parliament which was then beginning , with great numbers of Armed men , and themselves in Armour , to the great terrour of the people : but the King , wisely taking the matter into his owne hands , made them friends . At which time , the Lady Anne , Sister to the Emperour Wincesl●us , and affianced wife to the King , was come to Callis ; whereupon the Parliament was Prorogued : the Lady was brought to London , joyned in mariage to the King , and Crowned Queene at Westminster by the Archbishop of Canterbury , with great solemnity . After the Mariage , the Parliament began againe ; in which William Vfford Earle of Suffolke being chosen by the Knights of the Shires to deliver in behalfe of the Commonwealth certaine matters concerning the same , the very day and houre in which he should have done the businesse , as he went up the staires towards the upper House , he suddenly fell down and dyed , having been merry and well before , to all mens judgements . About this time the Lord Scroope was deposed from the Chancellourship , for refusing to seale some Grants which the King had made : and the King receiving the great Seale at his hands , kept it a certaine time , and sealed with it such Grants and Writings as he pleased ; till at length it was delivered to Robert Braybrooke Bishop of London , who was made Lord Chancellour . Henry Spenser Bishop of Norwich , had lately with the Kings leave raised an Army , and was gone into France , in behalfe of Pope Vrban , against the Anti-pope Clement ; and entring first into Fla●ders , he tooke and sacked many Townes ; at last besieged Ypres ; till by an Army of French ( greater then was thought could have been raised in France ) he was forced to raise his siege : and then passing divers places , he came to Gr●●eling ; from whence he writ to King Richard , that if ever he meant to try battell with the French , now was the time . The King was at that time at Dayntrie in North●mptonshire ; and being at supper when the word was brought him , he instantly rose from the Table , got to horse-back , and rode in Post with such speed that he came to St. Albans about midnight ; where making no stay , but while he borrowed the Abbots Gelding , he hasted forth till he came to Westminster , as though he had meant never to rest till he had given battell to the French-men : but after he had taken councell of his pillow , his minde was altered , and h● thought it better to imploy some other , then to goe himselfe : so the Duke of Lancaster is thought the fittest man ; but he protracted the time so long in making preparation , th●t before he could be gone , the Bishop was come away : And this indeed is the condition of many , to spend so much time in preparing , that they utterly lose all opportunity of acting ; like to men that are putting on their cloathes so long , till it be time to put them off againe . Shortly after , a Truce was concluded between Fra●ce and England , to endure till the Feast of St. Michael , which should be in the yeere 1384. Of Acts done after He came of Age. THe Scots in this meane time had made Roades into England , and taken and burnt divers Townes upon the Borders : whereupon the Duke of Lancaster , with his Brother the Earle of Buckingham , is sent with a mighty Army to represse them ; but having entred Scotland , and not able to draw the Scots to a Battell , they onely burnt certaine Townes , and then returned . About this time an Irish Frier , of the Order of the Carmelites , charged the Duke of Lancaster with heynous crimes● as that he intended to destroy the King , and us●rpe the Crowne ; shewing the time , the place , and other circumstances of the whole plot . But the Duke called to his Answer , so cleered himselfe , a● least gave such colours of cleering , that the Accuser was committed to the custody of Iohn Holland the kings halfe-brother , till a day appointed for further tryall : The ni●ht before which day , the said Lord Holland and Sir Henry Greene are said to have come to this Frier , and putting a cord about his neck , tyed the other end about his privy members ; and after hanging him up from the ground , laid a stone upon his belly , with the weight whereof his very back-bone burst asunder ; thereby putting him to a most tormenting death : An act not more inhumane then unadvised ; for though it took away the Accuser , yet it made the Accusation more suspitious . At this time , though a Truce had been made with the Scots , yet they would not be quiet , but entred and wonne the Castle of Barwick , whereof the Earle of Northumberland was Captaine , but had committed the keeping of it to another ; for which being blamed , he went against them with an Army , but took an easier course , for with the summe of two thousand markes he bought them out , and had the Castle surrend●ed into his hands againe . The king upon some new displeasure , being now incensed against the Duke of Lancaster , had a purpose to have him arrested , and arraigned of certaine points of Treason , before Sir Robert Tresilian Chiefe Justice , though he ought to be tryed by his Peeres : but the Duke having intimation hereof● got him to his Castle of Pomfret , and stood upon his guard ; till the Kings mother , ( notwithstanding her indisposition of body , by reason of her corpulency ) riding to and fro betwixt them , pacified the King , and made them friends . In the ninth yeere of K. Richards Reigne , the French-king sent the Admirall of France into Scotland , with a Thousand men of Armes , besides Crosse-bowes and others , to ayde the Scots against the English ; with which ayde the Scots encouraged , enter the English Borders : whereof K. Richard advertised , himselfe with a mighty Army enters Scotland ; and comming to Edingborough , and finding all the people fled● he set fire on the houses , burnt the Church of S. Giles , onely Holy-Rood-house was spared at the Duke of Lancasters suit , in remembrance of friendship he had formerly received in that house . The Scots by no meanes could be drawn to any Battell ; bu● to divert the Kings Army , they entred Cumberland , and besieged Carlile , whereby the valour of Sir Lewis Clifford and Sir Thomas Musgrave they were repelled ; and hearing of the Kings Army comming towards them , and fearing to be inclosed , they drew back into Scotland , and the King returned into England . But in this meane while , the English of Callis tooke many prizes of French ships at Sea , and many Booties also by land ; at one time foure thousand sheep , and three hundred head of great Cattell . This yeere the King called a Parliament at Westminster , where he created two Dukes , one Marquesse , and five Earles : Edmund of Langly Earle of Cambridge , the Kings Unkle , was created Duke of Yorke : Thomas of Woodstock Earle of Buckingham , his other Unkle , Duke of Glocester : Robert Veere Earle of Oxford , was made Marquesse of Dublin : Henry of Bullingbrooke sonne of Iohn of Gaunt , was created Earle of Darby : Edward Plantagenet sonne to the Duke of Yorke , was made Earle of Rutland : Michael de la Poole Chancellour of England , was created Earle of Suffolke : and Thomas Mowbray Earle of Nottingham , was made Earle Marshall . Also by a●thority of this Parliament , Roger Mortimer Earle of March , sonne and heire of Edmund Mortimer , and of the Lady Philip eldest daughter and heire to Lionell Duke of Clarence third sonne to king Edward the Third , was established heire apparent to the Crowne of the Realme , and shortly after so Proclaimed : but going into Ireland to his Lordship of Vlster , was there by the wilde Irish slaine . This Roger Earle of March had issue , Edmund , Roger , Anne , Alice , and Eleanor ; which Eleanor was made a Nun : The two sonnes dyed without issue : Anne his eldest daughter , was maried to Richard Earle of Cambridge , sonne to Edmund of Langley ; which Richard had issue by the said Anne , a sonne called Richard , that was after Duke of York , and father to king Edward the Fourth ; also a daughter named Isabel , maried to the Lord Bourchier . Also this yeere Henry of Bullingbrooke Earle of Darby , maried the daughter and heire of Humfry Bohun Earle of Hereford ; in whose Right he was after made Duke of Hereford . This yeere also K. Richard holding his Christmas at Eltham , Leo king of Armenia came thither to him ; who in feare to have his kingdome conquered by the Turkes , was come into Christendome to seeke for ayde : but his chiefe Errand into England was , to have procured a Peace between the two kings of England and Fran●e ; but their spleenes were so great against one another , that it was not in the physick of hi● Power to cure them . At this time , the Duke of Lancaster , taking with him his wife the Lady Const●nce , and a daughter he had by her named Katherine , and two other daughters which he had by his former wife , failed into Spaine : he was attended in his journy with the Lord Lucie , the Lord Talbot , the Lord Basset , Willoughby , Fitzwater , Poy●ings , Br●●ston , and many other Lords and knights , to the number of fifteen hundred men of Armes ; whereof a thousand at the least were knights and Esquires . The king at his taking leave gave him a Crowne of Gold , and commanded he should be called king of Spaine : and the Queen likewise gave another Crown of Gold to the Dutche●●e . He landed first at Brest , and freed that Castle from the French : from thence he sailed , and arrived at the Groyne in Spaine , where he remained a moneth ; and then went to Compostella , where he stayed a while : In which time , his Constable Sir Iohn Holl●●d wonne divers Townes . At Monson , the king of Portingale , and the Duke of L●●caster met ; where a mariage was concluded between the said king of Portingale and the Lady Philip daughter to the Duke● which mariage shortly after was consummated , and the Lady sent into Portingale honorably accompanied . The Duke continued at Co●postella all the winter : At March the king of Portingale and he en●●ed the Confines of Castile , where they tooke many Townes ; and passing over the River of Dure , entred into the Country De Campo : But the Spaniards not willing to come to a Battell , but meaning to weary them out with delayes ; the English not used ●o such hot aire , fell daily into many diseases : which the Duke seeing , accorded ●o a Truce . There dyed in this action , the Lord Fi●zwater , Sir Burley●●night ●●night of the Garter , the Lord Poynings , and Sir Henry Percy Cosin-german to the E●●le of Northumberland , also the Lord Talbot ; and in all , twelve great Lords fourscore ●nights , two hundred Esquires , and of the meaner sort above five hundred . When the Army was broken up , the Duke of Lancaster , and the Dutche●se his wife went into Portingale ; and after some stay there , they sailed to Bayon , in the Marches of Gascoigne , where he rested a long time after : In which meane while , there were offers made for a Mariage to be had , betweene the Duke of Berry , Unkle to the Fr●●ch king , and the Lady Ka●herine , daughter to the Duke of Lancaster : which the king of Spaine understanding , he began to doubt , least if that mariage went forward , it might turne to his disadvantage ; and thereupon by earnest suit , at length conc●uded a peace with the Duke of Lancaster , on this wise , That his eldest sonne He●ry should marry the the Lady Katherine , the Duke of Lancasters daughter , and be intituled Prince of Austurg●s ; and in consideration of this mariage , and that all claimes should cease , which the Duke in right of his wife might challenge or pretend● It was agreed , that the said Duke should receive yeerely the summe of Ten thous●nd marks , during the lives of him and his Dutchesse ; and to have in hand the summe of two hundred thousand Nobles . At this time , the French had a purpose to invade England , with no lesse a hope then to make a Conquest : and to that end , they prepared a mighty Navy ; so as in the moneth of September , there were numbred about Sluis , Dam , and Bla●kerk● , 1●87 ships , besides those which were rigged in Britaine by the Constable , who had caused an inclosure of a Field to be made of Timber , that when they were landed in E●gland , they might therewith inclose their field , and so lodge at more surety : but it so fortuned , that the Lord William Beauchampe Captaine of Callis , tooke two of their ships , whereof one was laden with a piece of the said Inclosure ; and after that , ●nother ship , laden with Guns , Gunpowder , and other Instruments of warre ; and after that againe , two ships more , laden with parcels of the said Inclosure , which K. ●ichard caused to be reared and set up about Winchelsey Towne : at last the foresaid Army came into Flanders , and arrived at Sluis ; where , after some stay , they were so distressed for victuals , that in the end of November , they were glad to be gone , and returne into France . At this time , in a Parliament , Robert Veere Earle of Oxford and Marques of Dublin , was created Duke of Ireland ; and Michael de la Poole , a Merchants son , had lately before been created E. of Suffolk , and made Chancellor of England . And now begins K. Richard to enter , I may say , upon the confines of his Destiny : His gracing of undeserving men , and disgracing of men deserving , if they were not the causes , they were at least the occasions of his owne disgracing , and destruction in the end . He was now come to be of full age to doe all himselfe ; which was indeed to be of full age to undoe himselfe : for the faults of his younger yeeres might have the excuse to be but Errors ; but the faults of the age he was now at , were peremp●ory against him , and admitted no defence . And to hasten the pace of his destiny the faster , the ill Counsell which before was but whispered in his eare , was now scarce forborne to be given him aloud : It is told him , that he is under tuition no longer , and therefore not to be controll'd , as in former times he had been ; That to be crost of his will by his subjects , was to be their subject ; It is no Soveraignty , if it be not absolute . At the instigation of which Counsell , the king in a Parliament now assembled , fell to expostulate with his Lords , asking them what yeeres they thought him to be 〈◊〉 who answering , that he was somewhat more then one and twenty ; Well , then ( sa●● he ) I am out of Wardship , and therefore looke to injoy my kingdome as freely , 〈◊〉 your selves at the like yeeres enjoy your Patrimonies . But his flattering Favori●● should have remembred , that though the king may not be controlled , where he ca● command ; yet he may be opposed , where he can but demand ; as now indeed he wa● for when he came to demand a Subsidy towards his warres , he was answered , That he needed no subsidie from his Subjects , if he would but call in the debts which th● Chancellour owed him : and if he were so tender of him , that he could not finde i● his heart to doe it himselfe , they would doe that work for him : and thereupo● charged him with such crimes , that all his goods were confiscate , and himselfe adjudged to dye , if the king so pleased : though some write , his sentence was onely to pay a Fine of twenty thousand markes , and a thousand pounds yeerly beside . Upo● this provocation , the opposite side seek present revenge : It is devised , that the Duke of Glocester as principall , and other Lords that crossed the kings courses , should be invited to a Supper in London , and there be murthered . In the execu●●on of which plot , the former Lord Major , Sir Nicolas Brember , had a speciall hand● but the present Major Rich●rd Exton , moved to it by the king , would by no mean●● consent ; and thereupon the plot proceeded not . But for all these harsh straines , and many such other that passed this Parliament , a Subsidie was at length granted to the king , of halfe a Tenth , and halfe a Fifteenth ; but with condition , that 〈◊〉 should not be issued but by order from the Lords , and the Earle of Arund●ll was appointed to receive it . But before this time , both Houses had directly agreed , that unlesse the Chancellour were removed , they would meddle no further in the P●●liament . The king advertised hereof , sent to the Commons , that they should se●● unto Eltham ( where he then lay ) forty of their House , to declare their mindes 〈◊〉 him : but upon conference of both Houses , it was agreed , that the Duke of Glo●●st●r , and Thomas Arundell Bishop of Ely , should in the name of the Parliament goe unto him : who comming to the king , declared , That by an old Statute , the king once a yeere might lawfully summon his Court of Parliament , for reformation of all corruptions and enormities within the Realme : and further declared , That by an old Ordinance also it was Enacted , That if the king should absent himself 40 dayes not being sick , the Houses might lawfully break up , and returne home . At this the king is said to say , Well , we perceive our people goe about to rise against us , and therefore we thinke we cannot doe better then to aske ayd of our Cosin the king of France , and rather submit us to him then to our own Subjects . To which the Lord● answered , They wondred at this opinion of his Majesty , seeing the French king was the antient Enemy of the kingdome ; and he might remember what mischiefes were brought upon the Realme in king Iohns time , by such a course . By these and the like perswasions , the king was induced to come to the Parliament : and soon after , Iohn Fortham Bishop of Durham is discharged of his Office of Lord Treasurer ; and in his place was appoint●d Ioh● Gilber● Bishop of Hereford , a Frier of the order of Preachers : also Michael de la P●●le Earle of Suffolke , is discharged of his Office of Chancellour ; and Thomas Aru●dell Bishop of Ely , by consent of Parliament , placed in his roome . Also by Order of Parliament , thirteen Lords were chosen to have oversight , under the king , of the w●ole government of the Realme : of which thirteen , there were three of the New-Officers named ; as the Bishop of Ely Lord Chancellour , the Bishop of Hereford Lord Treasurer , and Nicolas Abbot of W●ltham Lord keeper of the Privy Seale : The other ten were , William Archbishop of C●●terbury , Alexander Archbishop of York , Edmund of L●ngley Duke of York , Thoma● Duke of Glocester , William Bishop of Winchester , Thomas Bishop of Exeter , Rich●rd Earle of Arundell , Richard Lord Scr●●pe , and Iohn Lord Devereux . But this participation of the Government being found inconvenient , held not long . Also in this Parliament , it was granted , that Robert de Veere , lately created Duke of Ireland , should have & receive to his own use 30000. markes , which the French-men were to give for the heires of ●he Lord Charles de Bl●ys : but it was granted upon ●his condition● That before the next Easter he should passe over into Ireland , to recover such lands as the King had there given him : so desirous the Lords and Commons were to have him removed from the Kings presence . But though the King gave way to this torrent of the Parliament for the present , yet as soone as the Parliament was dissolved , he dissolved also all that had been done , either against the Lord Chancellour , or against the Duke of Ireland , or against Alexander Nevil Archbishop of York ; and received them into more favour then ever he had done before . In his Tenth yeere , about the Beginning of March , Richard Earle of Arundell appointed Admirall , and Thomas Mowbray Earle of Nottingham , the Earle of Devonshire , and the Bishop of Norwich , went to Sea , with a warlike power of men and ●rmes , to watch for the Fleet of Flanders , that was ready to come from Rochell with wines ; and meeting with them , they set upon them : and tooke of them , to the number of a hundred Vessels , all fraught with wines ; so as wine grew so plentifull , that it was sold for thirteen shillings foure pence the Tonne ; and the best and choysest for twenty shillings . Besides this , they landed in Flanders , where they relieved and fortified Brest , and demolished two Forts which the Enemy had built against it . But this happy service of the Earle of Arundell ; the Duke of Ireland , the Earle of Suffolke , Sir Simon Burley , and Sir Richard Sturrey , who continued still about the King , seemed rather to envy , then to commend ; insomuch that when the Earle of Nottingham , that had ever been the Kings play fellow , and of equall age to him , came to the Court , he was neither received by the Duke of Ireland with any good welcome , nor by the King with any good countenance : and therefore indeed , not by the King with any good Countenance , because not by the Duke of Ireland with any good Welcome . About this time ; the Duke of Ireland sought to be divorced from his lawfull wife , daughter to the Lady Isabel , one of king Edward the third's daughters ; and took to wife one Lancerona a Vintners daughter of Bohemia , one of the Queenes maids : at which indignity , the Duke of Glocester , that was unkle to the Lady thus forsaken , tooke great displeasure ; which the Duke of Ireland understanding , studied how by some meanes he might dispatch the Duke of Glocester out of the way . Easter was now past , the time appointed for the D. of Irelands going over into Ireland ; when the King , with a shew to bring him to the waters side , went with him into Wales , and in his company , Michael de la Poole Earl of Suffolke , Robert Tresilian L. Chie● Justice , and divers others ; who there consulted how they might di●patch the Duke of Glocester , the Earles of Arundel , Warwick , D●rby , Nottingham , with divers others of that Faction : but when the King had remained in those parts a good while , he returned , and brought back the Duke of Ireland with him ; and so his voyage into Irel●●d was cleane forgotten . About the same time , Robert Tresilian Chiefe Justice came to Coventry , where he Indicted two thousand persons . The King and the Queene came to Groby ; and thither came by his Commandement the Justices of the Re●●me , Robert Belknap Lord Chiefe Justice of the Common Pleas , Iohn Holt , R●ger Fulthorpe , and William Borough , knights : to whom it was propounded , to an●wer to these Questions following : First , Whether the New Statute and Commission made in the last Parliament , were against the kings Prerogative , or no ? To which they all answered , It was . Secondly , How they ought to be punished , that procured the said Statute and Commission to be made ? They answered with one assent , that they deserved death , except the king would pardon them . Thirdly , How they ought to be punished who moved the King to consent to the making of the said Statute and Commission ? They answered , They ought to lose their lives , unlesse the King would pardon them . Fourthly , How they ought to be punished , that com●elled the king to the making of that Statute ? They answered , They ought to suffer as Traitours . Fiftly , Whether the king might cause the Parliament to proceed upon Articles by him limited , before they proceeded to any other ? They answered , That in this the king ●hould over-rule ; and if any presumed to doe contrary , he was to be punished as a Traitour . Sixthly , Whether the king might not at his pleasure dis●olve the Parliament , and command the Lords and Commons to depart ? They all answered , He might . Seventhly , Whether the Lords and Commons might , without the kings will , impeach Officers and Justices upon their offences , in Parliament , or no ? It was answered , They might not ; and he that attempted contrary , was to suffer as a Traitour ? Eightly , How he is to be punished , who moved in the Parliament , that the Statute wherein Edward the Second was indicted in Parliament , might be sent for ; by i●spection of which Statute , that present Statute was de●ised ? It was answered , That as well he that moved it , as he that brought the 〈◊〉 into the House , were to be punished as Traitours ? Ninthly , Whether the Judgement given in Parliament against Michael de la Po●le were erronious and revocable ? They answered , It was erronious and revocable● and that if the Judgement were now to be given , the Justices would not give the same . In witnesse of the Premises , the Justices aforesaid , to these Presents have set their Seales ; in the presence of Alexander Archbishop of Yorke , Rob●●t Arcbishop of Dublin , Iohn Bishop of Durham , Thomas Bishop of Chester , Iohn Bishop of ●●ng●r , Robert Duke of Ireland , Michael Earle of Suffolk , Iohn Ripon Clerk , and Iohn Blake . At this time the Londoners incurred much obloquie ; For , having before beene pardoned by the king of some crime●●aid to their charge , they were now ready to comply with the king in his desires ; and thereupon being impannelled , they indicted some Lords of many crimes informed against them . But not onely the Justices aforesaid , but all other Justices and Sheriffes of the Realme were called at this time to Nottingham : the chiefe cause was , to understand what power of men they could assure the king of , to serve him against the Lords : and further , that where he mean● shortly to call a Parliament , they should so use the matter , that no knight or Burgesse should be chosen , but such as the King and his Councell should name . To which the Sheriffes made answer , that it lay not in their power to assemble any forces against the Lords , who were so well beloved : And as for choosing knights and Burgesses , the Commons would undoubtedly look to enjoy their antient liberties , and could not be hin●ered . But yet the king and the Duke of Ireland sent into all parts of the Realme , to raise men in this quarrell against the Lords : Whereof the Duke of Glocester being advertised , he came secretly to Conference with the Earles of Arundell , Warwick , and Darby ; who upon consultation , determined to talke with the king , with their Forces about them : and the king , on the other part , tooke advice how he might apprehend them apart ; and thereupon , sent the Earle of Northumberland and others to the Castle of Rygate , to take the Earle of Arundell , who lay there at that time : but howsoever it fortuned , they fa●●ed of their purpose . After this , he sent others to apprehend him : but he being warned by a messenger from the Duke of Glocester , conveyed himselfe away by night ; and by morning was come to Haringey-Parke , where he found the Duke of Glocester and the Earle of Warwick , with a great power of men about them . The king hearing of this Assembly at Hari●gey-Parke , called his Councell , to heare their opinions what was fit to be done : Some were of opinion , that the king should assemble his friends , and joyning them with the Londoners , give them battell ; the chiefest of this minde was the Archbishop of York : Others thought best , the king should seeke to appease the Lords with faire promises , till a fitter opportunity to suppresse them . But the king not yet resolved what course to take , caused onely order to be taken , that no Citizen of Lond●n should sell to the Duke of Glocester , the Earle of Arundell , or to any other of the Lords , any armour or furniture of warre , under a great paine . But for all this , the Lords proceeded in their course , and sent the Arcbishop of Canterbury , the Lord Iohn Lovell , the Lord Cobham , and the Lord Iohn Devereux , requiring to have delivered to them such as were about the king , that were Traitours and Seducers both of him and the Realme : and further to declare , that their Assembling was for the honour and wealth both of him and the kingdome . The Duke of Ireland , the Earle of Suffolk , and two or three other about the king , per●wad●d him to offer Call●● to the king of France , to have his assistance against the Lords . Withall , the king seat to the Major of London , requiring to know how many able men the City could make ? To which the Major answered , that he thought it could make Fifty thousand men at an houres warning . Well then ( said the king ) goe and prove what will be done . But when the Major went about it , he was answered , They would never fight against the kings friends , and defenders of the Realme . At the same time , the Earle of Northumberland said to the king : Sir , there is no doubt but these Lords have alwaies been , and still are your true and faithfull subjects , though now distemper'd by certaine persons about you , that seeke to oppresse them : therefore my advice is , that you send to them , to come before your presence in some publick place ; and I verily believe , they will shew such reasons of their doings , that you will hold them excused . The Archbishop of Canterbury , and the Bishop of Ely Lord Chancellour , and other of the Bishops there present , approved all of the Earles advice : whereupon the king sent the Archb●shop of Canterbury , and the Bishop of Ely to the Lords , requiring them to come to him to Westminster , on Sunday then next following : which , upon oath given by the Archbishop and the Chancellour , that no fraud nor evill practice should be used against them , they were content to doe . But when the Lords were ready to come at the day appointed , they heard of an Ambush laid to intrap them at the Mewes , and thereupon stayed , so as they came not at the time appointed : Whereupon , the king asking why they came not according to their promise ? It was answered , because hee kept not his promise , there being an Ambush of a Thousand armed men laid to surp●ize them at the Mewes . The king hearing this was astonied , and swore he knew of no such thing , and commanded presently the place should be searched , but it was true ; an ambush was laid , but not at the Mewes , but in a place a●out Westminster , where Sir Thomas Tryvet and Sir Nicholas Brember had assembled them . This one action might have made the king sensible of his favorites abusing his authority ; but that where affection makes the construction , all things are taken in a good sense ; or was it perhaps they had a VVarrant dormant , to prosecute the kings ends without the kings knowledge ? Yet the Lords after this , receiving a safe conduct from the king , came to Westminster ; of whose comming when the king heard , hee apparelled himselfe in his royall-Robes , and with his Scepter in his hand , came into the great Hall ; before whom , the Lords upon their knees presented themselves , the king bidding them welcome , and taking each of them by the hand ; Then the lord Chancellor making a speech , wherein he blamed them for raysing of Armes , and requiring to know the cause ; they answered , They had done it for the good of the King and kingdome , and to take away the Tra●tors about the King. Upon this the king himself spake , asking him whether they thought to compel him by strong hand ? have not I ( saith he ) sufficiēt men to beat you down ? truly in this behalf I make no more account of you then of the basest skullion in my kytchin ; yet after these great words , he lift up the Duke of Glocester , who all this while was kneeling , and commanded the rest also to rise , and then led them courteously to his chamber , where they sate and dranke together : And finally it was concluded they should all meete againe , as well these Lords , as those they accused , at the next Parliament ; which the king promised to call speedily , and each party to receive there according to Justice , and in the meane time all parties to be in the kings protection . But when the Favorite Lords heard this , they told the king plainly , they neither durst nor would put themselves to the hazard of such a meeting , and therfore the Duke of Ireland and the rest of that faction left the Court to bee out of the way : But the king not enduring their abs●nce , app●l●ted Thomas Mollineux Constable of ●he castle of Chester , to rayse an Army , and to safe-conduct the duke of Ireland to him ; But ●●ey being come as far as Radcoat-bridge , were encoun●red by the Earle of Darby ; and the Duke of Ireland , not d●ring to joyne battell with him , fled ; and being to passe a River , cast away his gantlets and sword ( to bee the more nimble ) and giving his horse the spur , leapt into the river , and so escaped ; that when these things were afterwards found , it was verily thought hee had been drowned , till news came he was got into Holland , where being no very welcome guest , hee went from thence into the Bishoprick of Vtricht , and after two or three yeeres scambling about in manner of a fugitive , at Lovaine in Brabant he ended his life . A man of many good parts , and worthy enough of his Princes favor , if with that favor he had not grown proud , and in that pride , injurious and insulting over others no lesse deserving then himselfe . Hee was valiant enough against any man but the Earle of D●rby , and of him indeede both the Genius of the Duke of Ireland , and of King Richard himselfe seemed to stand in feare , for neither of them durst meet him in the field , though encouraged to it by those about them . About this time the Duke of Suffolke doubting some plots laid to surprize him , fled over to C●llis in disguise , shaving his beard , and counterfeiting himselfe a Poulterer , to sell certain foule which hee had gotten ; but being come to Callis , was by the Lord William Beauchampe , Deputy of the Town , sent back into England , whom the King notwithstanding permited to goe at large , to make it be thought hee was more afraid then hurt , more suspicious then he needed By this time the Lords h●d gotten matter enough against the King , at least to justifie their Armes , and thereupon with an Army of forty thousand men , they came to London , where after some debate , they were received ; and then the Duke of Gloucester , the Earles of Darby and Nottingham went to the King in the Tower ; to whom , after humble salutations , they shewed the Letter which he had written to the Duke of Ireland , to levy an Army for their destruction : likewise the Letters which the French King had written to him , conteining a safe conduct for him to come into France , there to doe Acts to his own dishonor and the kingdoms . This done , upon the Kings promise that he would come the next day to Westminster to treate further of these matters , the Lords departed , only the Earles of Nottingham and Darby , at the Kings instance , stayed all night ; but before the King went to bed , his minde was cleane altered for keeping his promise to meete the Lords the next day at Westminster : which the Lords understanding , they sent peremptorily to him , that if he came not according to his promise , they would choose another king , that should hearken to the faithfull Counsell of his Lords . This touched the king so to the quick , that the next morning he went and met the Lords ; who there declared to him , how much it concerned the good of the kingdome , that those Traitours so often spoken of , should be removed from the Court : To which , the king , though much against his will , yet at last condiscended . And thereupon presently Alexander Nevil Archbishop of York , and Thomas Rushoke Bishop of Chichester , and Confessour to the king , were expelled the Court ; who not willing to come to after-reckonings , fled no man knew whither . They expelled also Iohn Fourdham Bishop of Durham , Lord Treasurer ; the Lord Zouch of Haringworth , the Lord Burvell , the Lord Beaumont , Albery de Veere , Baldwin de Bereford , Richard Adderbury , Iohn Worth , Thomas Clifford , and Iohn Lovel , knights : but constreined to put in Sureties to appeare at the next Parliament . Also certaine Ladies were expelled the Court ; as the Lady Poynings , the Lady Mouling , and others ; bound to appeare at the next Parliament . There were also arrested , and committed to severall Prisons , Sir Symon Burley , William Elmham , Iohn Beauchamp Steward of the kings house , Sir Iohn Salisbery , Sir Thomas Trivet , Sir Iames Berneys , Sir Nicolas Dagworth , and Sir Nicolas Brember , knights . Also Richard Clifford , Iohn Lincolne , Richard Mitford , the kings Chaplains ; Nicolas Sclake Deane of the kings Chappell , and Iohn Blake a Lawyer . Shortly after , the Parliament began , ( called afterward , The Parliament that wrought wonders : ) On the first day whereof , were arrested as they sate in their places , all the Justices ( but onely Sir William Skipwith : ) as Sir Roger Fulthorpe , Sir Robert Belknappe , Sir Iohn Cary , Sir Iohn Holt , Sir William Brooke , and Iohn Alac●on the kings Serjeant at Law ; and were all sent to the Tower , for doing contrary to an Agreement made the last Parliament . Also in the beginning of this Parliament , Robert Veere Duke of Irel●nd , Alexander Nevill Archbishop of York , Michael de la Poole Earle of Suffolke , and Sir Robert Tresilian Lord Chiefe Justice of England , were openly called to answer Thomas of Woodstock Duke of Glocester , Richard Earle of Arundell , Henry Earle of Darby , and Thomas Earle of Nottingham , upon certaine Articles of high Treason : and because none of them appeared , It was ordained by whole consent of Parliament , they should be banished for ever , and all their land● and goods ●eized into the Kings hands ( their intailed lands onely excepted . ) Shortly after , the Lord Chief Justice Robert Tresilian , was found in an Apothecaries house in Westminster ; where being taken , he was brought to the Duke of Glocester , who caused him the same day to be had to the Tower , and from thence drawne to Tyburne , and there hanged . On the morrow after , Sir Nicolas Brember was brought to his Answer ; who being found guilty , was beheaded with an Axe which himselfe had caused to be made for beheading of others . After this , Sir Iohn Salisbery , and Sir Iames Berneys , lusty young men , were drawne and hanged ; as also Iohn Be●●champ L. Steward of the Kings house , Iohn Blake Esquire : and lastly , Sir Symon Burley , sonne to the great Sir Iohn Burley Knight of the Garter , was beheaded on Tower-hill ; whose death the King tooke more heavily and more heynously then all the rest . Also all the Justices were condemned to dye ; but by the Queenes intercession , they were onely banished the Realme , and all their lands and goods confiscate , onely a small portion of money was assigned them for their sustentation . Finally , in this Parliament , an Oath was required and obteined of the King , that he should stand unto , and abide such Rule and Order as the Lords should take : and this Oath was required also of all the Inhabitants of the Realme . In the later end of the Kings eleventh yeere , the Earle of Arundell was sent to Sea , with a great Navy of ships and men of warre ; with whom went the Earles of Nottingham and Devonshire , Sir Thhmas Percy , the Lord Clifford , the Lord Camoi● , Sir William Elmham , and divers other Knights , to ayde the Duke of Britaine against the king of France : but before they came , the Duke of Britaine was reconciled to the king of France ; and so needing not their ayde , all this great Fleet returned with doing nothing . And it was indeed a yeere of doing nothing , unlesse we reckon some petty Inroades of the Scots : and that Sir Thomas Tryvet dyed with a fall off his horse : and that Sir Iohn Holland , the Kings brother by the mother , was made Earle of Huntington : and that there was Contention in Oxford , between the Northerne and the Southerne Scholars ; which was pacified by the Duke of Glocester . In his twelveth yeere , Commissioners were appointed to meet at Balingham , betwixt Calli● and Bulloigne , to treat of a Peace betweene the Realmes of England , France , and Scotland : and after long debating , a Truce was at last concluded , to begin at Midsomer next , and to last three yeeres . But now the king , to shew his plenary authority of being at full age , removed the Archbishop of York from being Lord Chancellor , and put in his place William Wickham Bishop of Winchester : also he removed the Bishop of Hereford from being Treasurer , and put another in his place : The Earle of Arundell likewise , unto whom the Government of the Parliament was committed , and the Admiralty of the Sea ; was removed , and the Earle of Huntington put in his roome . About this time , the Lord Iohn Hastings Earle of Pembrooke , as he was practising to learne to Just , was stricken about the Privy parts , by a knight called Sir Iohn St. Iohn ; of which hurt he soone after dyed . In whose Family , it is memorable , that for many Generations together , no sonne ever saw his father , ( the father being alwaies dead , before the sonne was borne . ) The Originall of this Family was from Hastings the Dane , who in the Reigne of K. Alured , long before the Conquest , about the yeere 890. came with Rollo j●to England . But howsoever , in this Iohn Hastings ended the then Honorable Titles of the Hastings ; for this man dying without issue , his Inheritances were dispersed to divers persons : The Honour of Pembrooke came to Francis at Court , by the kings Gift : the Baronies of Hastings and Welford came to Reynold Gray of Ruthin : the Barony of Aburg●veny was granted to William Bea●●hamp of Bedford . About this time , Iohn Duke of Lancaster was created Duke of Aquitaine , receiving at the Kings hands the Rod and the Cap , as Investitures of that Dutchy . Also the Duke of York's sonne and heire was created Earle of Richmond . In his thirteenth yeere , a Royall Justs was Proclaimed to be holden within Smithfield in London , to begin on Sunday next after the Feast of S. Michael : which being published , not onely in England , but in Scotland , in Almaigne , in Flanders , in Brabant , and in France ; many strangers came hither ; amongst others , Valeran Earle of S. Poll , that had maried king Richards Sister ; and William the young Earle of Ostervant , sonne to Albert de Bav●ere Earl of Hollond and Heynoult . At the day ●ppointed there issued forth of the Tower , about three a clock in the afternoone , sixty Coursers apparrelled for the Justs ; and upon every one an Esquire of Honour , riding a soft pace : After them , came forth foure and thirty Ladies of Honour , ( Froyssard saith , threescore ) mounted on Palfries , and every Lady led a knight with a chaine of Gold : These knights being on the Kings part , had their armour and apparell garnished with white Hearts , and Crownes of Gold abo●● their necks ; and so they came riding through the streets of London , unto Smithfield : The Justs lasted divers dayes ; all which time the King and Queen lay at the Bishops Palace by Pauls Church , and kept open house for all Commers . In his Fifteenth yeere , the Duke of Lancaster went into France , having in his traine a thousand horse ; and met the king of France at A●iens , to treat of a Peace between the two kingdomes : but after long debate , a Truce onely was concluded for a yeere . About this time also , the King required the Londoners to lend him a Thous●nd pounds : which they refused ●o doe ; and not onely so , but they abused an Italian Merchant , for offering to lend it . This moved the King to some indignation : to which was added the complaint of a Ryot committed by the Citizens , against the servants of the Bishops of Sali●bury L. Treasurer ; for that , where one of the Bishops servants , named Walter Roman , had taken a horse-loafe out a Bakers basket , as he passed in the streets , and ran with it into his Lords house ; the Citizens thereupon assaulted the house , and would not be quieted , till the Major and Aldermen were faine to come , and with much adoe appeased them . Upon complaint hereof , urged against the Citizens , by the Bishop of Salisbury L. Treasurer , and Thomas Arundell Archbishop of York L. Chancellour , the Major and Aldermen , and divers other substantiall Citizens are arrested : the Major is committed to the Castle of Windsor , and the other to other Castles ; the liberties of the City are seized into the Kings hands , and the authority of the Major utterly ceased ; the king appointing a Warden to governe the City , first Sir Edmund Derligrug , and afterward Sir Baldwin Radington ; till at length , by speciall suit of the Duke of Glocester , the king was contented to come to London , to so great joy of the Citizens , that they received him with foure hundred on horse-back , clad all in one livery , and presented the king and Queene with many rich gifts : yet all gave not satisfaction , to have their liberties restored , till they afterwards paid Ten thousand pounds . This it is to provoke a Lyon : It may be fortune enough to us , if by any meanes we can but keepe him quiet ; for if once we provoke him to lay his paw upon us , it will be hard getting from him , and not be torne in pieces . In his Sixteenth yeere , the Dukes of Lanc●ster and Glocester are once againe sent into France , to treat of a Peace : but when they could not agree with the French-Commissioners upon Articles propo●nded , there was onely a Truce concluded for foure yeeres ; though perhaps a further Agreement had then been made , but that the king of France fell newly againe into his old fit of Frensie , which called away the French Commissioners from further Treaty . In his Eighteenth yeere , a Proclamation was set forth , That all Irish men should avoyd this Realme , and returne home : The occasion was , because so many Irish were come over , that Irela●d in a manner was left unpeopled : in so much , that where K. Edward the Third had received from thence yeerely the summe of Thirty thousand pounds , the king now laid forth as much to repell Rebels . Whereupon at Michaelmas K. Richard went himself into Ireland , attended with the Duke of Glocester , the Earles of March , Nottingham , and Rutland , the Lord Thomas Percy L. Steward , and divers others of the English Nobility ; to whom came in the Great O●eale king of Meth , Bryan of Thomond king of Thomond , Arthur Macmur king of Leymster , and C●nhur king of Cheveney and Darpe : and there K. Richard stayed all that winter , and after Christmas called a Parliament ; at which time also , the Duke of Yorke Lord Warden of England , in the Kings name called a Parliament at Westminster : to the which was sent forth of Ireland the Duke of Glocester , that he might declare to the Commons the Kings great occasions for supply of money : whose words so farre prevailed , that a whole Tenth was granted by the Clergie , and a Fifteenth by the Laytie . In his Twentieth yeere was the famous Enterview between the two Kings of England and France : There was set up for K. Richard a rich Pavilion , a little beyond Guysnes , within the English pale ; and another the like for the French King , on this side Arde : The distance betwixt the two Tents was beset on either side with Knights armed with thei● swords in their hands , foure hundred French on one side , and foure hundred English on the other : The two Kings before their meeting , took a solemne Oath , for assurance of their faithfull and true meaning , to observe the sacred Lawes of Amity one toward another , in this Enterview . After the two Kings were come together , it was accorded , that in the same place where they met , there should be builded at both their costs , a Chappell , for a perpetuall memory , which should be called , The Chappell of our Lady of Peace . On Simon and Iudes day , the kings talked together of Articles concerning the Peace ; and having concluded them , they received either of them an Oath , upon the holy Evangelists , to observe and keepe them . This done , the French king brought his daughter Isabel , and delivered her to K. Richard , who shortly after at Callis maried her , and upon the 17. of January following , she was Crowned Queen at Westminster . A Match of great honour , but of little conveniency , and lesse profit ; for the Lady being but eight yeeres of age , there could be no hope of issue a long time , which was K. Richards greatest want ; and as little supply of his wants otherwise , her Portion perhaps scarce paying the charges of his journey to fetch her , which cost him three hundred thousand markes . The Duke of Lancaster , in the thirteenth yeere of K. Richards Reigne , had been created Duke of Aquitaine : but when the Gascoigners would not receive him , shewing reasons why that Dukedome ought not to be separated from the Crown of England , his Grant was revoked , and so it remained still in Demesne of the Crown . At this time , in a Parliament , the Duke of Lancaster caused to be legitimated , the issue he had by Katherine Swinford , before he maried her ; of whom , Thomas Beaufort was created Earle of Sommerset . This yeere also , the king receiviug the money back , which had been lent to the Duke of Britaine , upon Brest , delivered up the Towne unto him ; and thereupon , the English souldiers that were there in Garrison , were all discharged and sent home ; who , at a Feast which the king kept at Westminster , comming in companies together into the Hall ; as soone as the king had dined , and was entring into his Chamber , the Duke of Glocester asked him , if he did marke those men that stood in such troops in the Hall : Yes marry ( said the king ) who were they ? They were ( said the Duke ) those souldiers , who by your rendring up of Brest have been sent home , and now must either starve or steale ; and therewithall , very unadvisedly in words , taxed the king with unadvisednes of his deed : To whom the king in great anger reply'd , Why Unkle , doe you thinke me either a Merchant , or a Foole , to sell my land ? By S. Iohn Baptist , no : But could I refuse to render the Town , when tender was made of the money lent upon it ? Indeed nothing could more discover the Duke of Glocesters , either weaknesse , if he knew not that Brest was but onely a Morgage ; or injustice , if knowing it , he would have had the king , though the money were tendred , to have kept it still : but such is the course of many , to take part with the Politicks against the Ethicks ; work their ends by doing unjustly , when doing justly ought to be their chiefest end . How-ever it was , the multiplying of words about this matter , kindled in the King such a displeasure against the Duke , that it could never afterward be quenched , but by his blood . And first he complained to his other two Unkles , the Dukes of L●ncaster and Yorke , of his undutifull behaviour towards him ; who told the King , Their brother perhaps might let fall some unadvised words , but they knew his heart to be true and faithfull . Yet doubting how far the King might presse upon them to answer for their brothers faithfulnes , they retired from Court : which gave the D●kes enemies time to incense the King farther against him . It happened , that the Duke of Glocester had with him one day at his house , the Abbot of S. Albans , that was his Godfather , and the Prior of Westminster : and after dinner falling in talke with them , amongst other communications the Duke required the Prior to tell truth , whether he had any Vision the night before ? To which the Prior was loath , at first , to make a direct Answer ; but at last , being earnestly requested , as well by the Abbot as the Duke , he confessed that he had a Vision indeed , which was , that the Realme of England should be destroyed through the Misgovernance of K. Richard. By the Virgin Mary ( said the Abbot ) I had the very same Vision . Whereupon the Duke presently disclosed to them all the secrets of his minde , and by their devices contrived an assembly of divers great Lords of the Realme , to meet at Arundell-Castle that day Fortnight● at which time he appointed to be there himselfe , with the Earles of D●rby , Arundell , Marsh●ll , and W●rwick ; also the Archbishop of Canterbury , the Abbot of S. Albans , the Prior of Westminster , with divers others : And accordingly all these met at Arundell Castle , at the day appointed : where receiving first the Sacrament , by the hands of the Archbishop of Canterbury , to be assistant each to other , in all such matters as they should determine ; They resolved to seize upon K. Richard , and upon the Dukes of Lancaster and York , and commit them to Prison ; and all the other Lords of the Kings Councell , they determined should be drawne and hanged . But the Earle Marshall , that was Deputy of Calli● , and had maried the Earle of Arundels daughter , discovered all their Counsell to the King ; who thereupon , by a plot devised by his Councell , tooke his brother the Earle of Huntington with him , and rising from supper , rode that night to the Duke of Glocesters house at Plashey in Essex . When the King came thither , the Duke was a-bed ; but informed of it , cast his cloake about his shoulders , and came down , bidding the Kings Grace , with all reverence , welcome . The King courteously requested him to goe and make him ready , for that he must needs ride with him a little way , to conferre of some busines . The Duke presently made him ready and came downe ; and as soone as the King and his Company was gone a little way from the house , and the Duke with him , the Earle Marshall arrested the Duke , as he had been appointed to doe by the King ; who immediately was sent to Callis , where , after some time , he was dispatched of his life , either strangled , or else smothered with pillowes , as some write . At the very same time was the Earle of Arundell apprehended , by the Earles of Rutland and Kent : the Earle of Warwick also , when the King had invited him to dinner , and shewed him very good countenance , was taken and arrested in the place : As likewise at the same time were apprehended , and committed to the Tower , the Lord Iohn Cobham , and Sir Iohn Ch●yny . Shortly after , the King procured them to be indicted at Nottingham , suborning such as should appeale them in Parliament ; namely , Edward Earle of Rutland , Thom●● Mowbray Earle Marshall , Thom●s Holland Earle of Kent , Iohn Holland Earle of Huntington , Thomas Beaufort Earle of Somerset , Iohn Montacute Earle of Salisbury , Thomas L. Spenser , and the Lord William Scroope L. Chamberlaine : and in the meane time , the King sent for a Power of Cheshi●● men , to keep Watch and Ward about his person . On the 17. of September , a Parliament began at Westminster ; wherein the King complained as well of many things done by the Lords in his Minority , as also of the hard dealing which they had used towards the Queen , who was three houres at one time on her knees , before the Earle of Arundell , for one of her Esquires , named Iohn Calverley , who neverthelesse had his head smitten from his shoulders ; and all the answer she could get , was this : Madame , pray for your selfe and your Husband , and let this suit alone . Those that set forth the Kings grievances in this Parliament , were Iohn Bushie , William Bagot , and Thomas Greene. The cause of a●sembling the Parliament was shewed , that the King had called it for reformation of divers transgressions against the Peace of his Land , by the Duke of Glocester , the Earles of Arundell , Warwick , and others . Then Sir Iohn Bushie , Speaker of the Parliament , made request on behalfe of the Commonalty , that they might be punished according to their deservings ; and specially the Archbishop of Canterbury● who then ●ate next the king , whom he accused of high Treason . When the Archbishop began to answer , Sir Iohn Bushie besought the king that he might not be admitted to answer , lest by his great wit and cunning he might lead men away to believe him . And here Sir Iohn Bushie in all his talke did not attribute to the king Titles of honour due and ●ccustomed , but such as were fitter for the Majestie of God then for any Earthly Prince . And when the Archbishop was constrained to keepe silence , Sir Iohn Bushie proceeded ; requiring on the behalfe of the Commons , that the Charters of Pardon , granted to the Duke of Glocester , and the Earles of Arundell and Warwick , should be revoked . The king for his part protested that they were drawne from him by compulsion , and therefore besought them to deliver their opinions , what they thought thereof : whereupon , the Bishops first gave their sentence , that the said Pardons were revocable , and might be called in ; but pretending a scrupulosity , as if they might not with safe consciences be present where Judgement of Blood should passe , they appointed a Lay-man to be their Prolocutor for that turne . The Temporall Lords likewise gave their sentence , that the Pardons were revocable : onely the Judges and Lawyers were not of this opinion . But howsoever , the Archbishop of C●nterbury is hereupon condemned to perpetuall Exile , and appointed to avoyd the Realme within sixe weekes . Also the Earle of Arundell is by the Duke of La●caster who sate that day as High Steward , condemned of Treason , and on the Tower-hill beheaded . There went to see the execution , divers Lords ; amongst whom was the Earle of Nottingham , that had maried his daughter , and the Earle of Kent , that was his daughters sonne : to whom , at the place of his execution he said , Truly it would have beseemed you rather to bee absent , then here at this businesse ; but the time will come ere long , that as many shall marvell at your misfortune , as they doe now at mine . After his death , a Fame went , that his head was grown to his body againe : whereupon , the tenth day after his buriall , his body , by the kings appointment was taken up , and then found to be a Fable . After this , the Lord Thomas Beauchamp Earle of Warwick was brought forth , and charged with the like Treasons ; but by the intercession of the Duke of Lancaster and other Lords , after confession of his fault , was only confin'd into the Isle of Man. Likewise the lord Cobha● , and Sir Iohn Cheyny were onely banished , or ( as Fabian saith ) condemned to perpetuall Prison . The Parliament after this was held at Shewsbery ; where , for the love the king bore to the Gentlemen and Commons of the Shi●e of Chester , he caused it to be Ordained , that from thenceforth it should be called and known by the name of the Principality of Chester ; and herewith intitled himselfe Prince of Ch●ster . At this Parliament also , called the Great Parliament , He created five Dukes , and ● Dutchesse ; one Marquesse , and foure Earles . The Earle of Darby was created Duke of Hereford ; the Earle of Nottingham , Duke of Norfolke ; the Earle of R●tland● D●ke of A●bemarle ; the Earle of Kent , Duke of Surrey ; the Earle of 〈◊〉 , Duke of Exceter ; and the Lady Margaret Marshall Countesse of Norfolke , was created Dutchesse of Norfolke : The Earle of Somerset was created Marquesse Dorse● ; the Lord Spenser was made Earle of Glocester ; the Lord Nevill , Earle of West●erl●●d ; the Lord Scr●●pe , Earle of Wiltshire ; and the Lord Thomas Percy L. Steward of the king● house , was made Earle of Worcester : and for the better maintenance of their es●●te● , he divided amongst them a great part of those lands that belonged to the Duke of Glocester , the Earles of Aru●dell and Warwick . Also in this Parliament , the Judges gave their opinions , That when Articles are propounded by the king to be handled in Parliament , if other Articles be handled before those be first determined , that it is Treason in them that doe it . And in this Parliament , the king brought it so ●bout , that he obtained the whole power of the Parliament to be conferred upon cer●taine persons , namely , Iohn Duke of Lancaster , Edmund Duke of Yorke , Edm●●● Duke of A●merle , Thomas Duke of Surrey , Iohn Duke of Exceter , Iohn Marque●●e Dorset , Roger Earle of March , Iohn Earle of Salisbury , and divers others ; or to any seven or eight of them : and these , by virtue of this Grant , proceeded to conclude upon many things , which concerned generally the knowledge of the whole Parliament , to the great prejudice of the State , and a dangerous example in time to come . A Generall Pardon was also granted for all offences , to all the Kings subjects , but only to Fifty , whose names he would not expresse , but reserved them to his own knowledge , that when any of the Nobility offended him , he might at his pleasure name him to be one of the number excepted , and so keepe them still within his danger . And for the more strengthening the Acts of this Parliament , the King purchased the Popes Buls , containing grievous censures and curses to them that should break them . And now the heads of the opposite Faction having lost their heads , and all things as well setled as could be desired , the King was secure , as thinking himselfe safe ; and he had indeed been safe , if Time and Fortune were not Actours in Revenge , as well as men ; or rather , if a superiour Power did not interpose , whose wayes are as secret as himselfe is invisible . It now fell out , ( though W●iters differ what it was fell out ) for some write , that Thom●s Mowbray accused the Duke of Hereford ; others , that Henry Duke of Herefo●d accused Thomas Mowbr●y Duke of Norfolke , for speaking words sounding highly to the Kings dishonour : to which the Duke of Norfolk being called to answer , charged the Duke of Hereford before the King , that he lyed falsly . Whereupon a Combat was agreed upon between them : The King labored to make them friends ; but not prevailing , he gave way to proceed in Combat , and the place to be at Coventry : where at the day and houre appointed , the Duke of Hereford , mounted on a white Cou●se● , b●rded with green ●nd blew Velvet , imbroidered sumptuously with Swans and Antelops of Goldsmiths worke , approached the Lists ; Of whom the Marshall , being the Duke of Surry , demanding who he was ? he answered , I am Henry of L●●caster , Duke of Hereford , that am come hither to doe my endeavour against Thomas Mowbray Duke of Norfolke , as a Traitour , untrue to God , the King , his Realme , and me : Then incontinently he swore upon the holy Evangelists , that his quarrell was true and just , and thereupon required to enter the Lists , where in ● Chaire of green Velvet he sate downe and reposed himselfe . Then came the Duke of N●rf●lke , his horse barded with Crimson velvet , imbroidered richly with Lyons of Silver , and Mulbery trees ; and when he had taken his oath before the Constable the Duke of A●merle , that his quarrell was just , he entred the Lists , and sate him down in his Chaire of Crimson velvet , curtained about with white and red Damask . Then the Marshall viewed their speares , to see that they were of equall leng●h ; and then the Heralds proclaimed , on the Kings behalfe , they should mount on horseb●ck , and addresse themselves to the Combat . But when they were set forward , and had their Speares in their Rests , the King cast down his Warder , and the Heralds cryed , Stay , Stay. Then the king caused their Speares to be ●aken from them , and deliberated with his Councell , what was ●it to be done in so weighty a cause . After two long houres , it was at last concluded , that Henry Duke of Hereford should within fif●●en dayes depart out of the Realme , and not returne before ten yeeres were expired , upon paine of death ; And that Thomas Mowbray Duke of Norfolke , should likewise avoyd the Realme , and never to returne into England , upon the like paine . It is observable , that this Censure was passed against the Duke of Norfolke , the very same day Twelve-moneth , in which he had taken order to put the Duke of Glocester to death at Calli● , whereof he was then Governour . When these Judgements were once read , the king called before him both the Dukes , and made them sweare , that the one should never come in place where the other was . After this , the Duke of N●rf●olke went into Alm●i●● , and from thence to Venice , where after some time he dyed with sorrow . The Duke of Hereford , at the taking his leave of the king , had foure yeeres of his Banishment released ; ●nd then went to Callis , and from thence to ●aris , where , of the French king he was so kindly received , that by his favour he had obtained in mariage the onely daughter of the Duke of Berry , Unkle to the French king , if King Richard by messengers had not hindered him . It was a Custome in those dayes , to punish the delinquencies of Great men by banishment out of the Realme ; a Custome not more grievous to the Subject , then dangerous to the Prince ; for by this course , they had meanes to worke so closely in their mines of Revenge , that the Fabrick of a Kingdome was in danger to be blown up , before their working could be perceived . An example whereof was never more plainly seen then at this time , in the Archbishop of Canterbury , and the Duke of Hereford : For they in their Banishment meeting often together , and aggravating the Grievances of king Richards Government , fell at last to consult by what meanes he might best be removed , seeing there was no hope he could ever be reclaimed . In the time of their consultation about it , Iohn Duke of Lancaster , father to the Duke of Hereford , dyed , at Ely house in Holborne : And as if Fortune herselfe meant to doe their worke for them , Sollicitations came from many parts of England , to move the Duke of Hereford to come now & take the Government upon him , wherein they would be ready to assist him . The Duke heated before by the Archbishops instigation , and now set on fire by this sollicitation , gives Fortune no leisure to alter her minde , by delaying the time , but without further deliberation prepares to be going : and taking with him the Archbishop , the Lord Cobham , Sir Thomas Erpington , and Sir Thom●s Ramston Knights ; Iohn Norbury , Robert Waterton , and Francis Coynt Esquires , and about some threescore other persons , as many as he could readily get ; in three ships which the Duke of Britaine lent him , he put to Sea ; where hovering about the Coast a while , to marke the countenance of the shores , he landed at last , about the beginning of July , at Ravenspurre in Yorkeshire : which no sooner was knowne , but there repaired to him , the Lords , Willoughby , Rosse : Darcie , and Beaumont ; and shortly after , at Doncaster , the Earle of Northumberland , and his sonne Sir He●ry Percy , with the Earle of Westmerland , and great numbers of the Gentry and common sort ; of whom , though some had invited him to come to take the Goverment of the Realme upon him , yet he forbore to pretend that for any cause of his comming , but made a solemne Protestation , that he came onely to take possession of the Inheritances descended upon him from his father , which king Richard most unjustly , and contrary to his promise , had seized into his hands : for this was a Reason had no objection : the other he reserved , till his Power should not need to regard Objections . And indeed , no snow-ball ever gathered greatnesse so fast by rolling , as his Forces , increased by marching forward ; for by that time he came to Berkly , he had got a mighty Army ; and within three dayes after , all the Kings Castles in those parts were surrendred to him . The Duke of Yorke , left Governour of the Kingdome , used his best meanes to raise Forces to resist him , but found few willing to beare Armes against him : whereupon , and perhaps hearing withall that the Dukes comming was but onely to take possession of his Inheritance , he thought good to goe to Berkly to him , to have there some communication about it . At Berkly , at that time , was arrested the Bishop of Norwich , Sir William Elmham , and Sir Walter Burli● knights ; Laurence Drew , and Iohn Golofer Esquires . From Berkly the two Dukes went forward towards Bristow ; where in the Castle were the Lord William Scroope Earle of Wiltshire and Treasurer of England , Sir Henry Greene , and Sir Henry Bushye ; who were taken , and brought forth bound before the Duke of Lancaster , and the day after arraigned before the Constable and Marshall , found guilty of Treason for misgoverning the King and the Realme , and presently had their heads smitten off . Sir Iohn Russell also was taken there ; but he feigning himselfe to be our of his wits , escaped for that time . All this while K. Richard was in Ireland , where he performed Acts in repressing the Rebels there , not unworthy of him ; and having with him amongst other of the Great Lords , the Duke of Lancasters sonne Henry , he there for his towardlinesse in service , Knighted him● by which it appeared that he had no great feare of ●he Father , when he graced the Sonne ; and indeed he needed not have feared him i● his owne absence out of England had not given him advantage . Six weekes were now passe● after the Dukes arrivall in England ; in all which time king Richard had no notice● it , by reason the windes were contrary to come ●orth of England : But as soon as 〈◊〉 heard it , and in what hostile manner he proceeded , he then determined to returne instantly into England ; and had done it , but that the Duke of Aumerle his princip●● Counsellor ( whether out of a good meaning , but grounded upon errors , or ou● of an ill meaning , but shadowed with colours ) by all meanes perswaded him to stay so long till things fitting for his journy might be made ready . It was king Richards ill luck to hearken to this Counsell : but yet he presently sent the Earle of Salisbury into England , to provide him an Army out of Wales and Ch●shire , against his own comming , which he promised faithfully should be within sixe dayes at the most . The Earle landed at Co●way in Wales , and had soon gotten to the number of Forty Thousand men : but the sixe dayes passed , and no newes of the King : which made the souldiers suspect that he was dead , and thereupon were ready to disband ; but at the Earle of Salisburies perswasion , they were contented to stay for some dayes longer ; and when the King came not in that time neither , they then would stay no longer , but departed and went home . At length , about eighteen dayes after that the King had sent away the Earle of Salisbury , he tooke shipping , together with the Dukes of A●merle , Exceter , and Surrey , and diver● other of the Nobility ; with the Bishops of London , Lincolne , and Carlile ; and landed at Barklowly in Wales . He had about him some Ch●shire men , and was at first in no great doubt of prevailing : but when he heard that all the Castles from the borders of Scotland unto Bristow , were delivered to the Duke of Lancaster , and that the gratest part of the Nobility and Commons tooke part with him , and specially that his principall Counsellors had lost their heads at Brist●● ; then , solvuntur frigore membra , he fell so utterly to despaire , that calling his Army together , he licensed every man to be gone , and to shift for himselfe . The souldiers besought him to be of good cheere , swearing they would stand with him to the death : But this encouraged him not at all ; so as the next night he stole from his Army , and with the Dukes of Exceter and Surry , the Bishop of Carlile , Sir Stephen Scroope , and some halfe a score others , he got him to the Castle of Co●●ay , where he found the Earle of Salisbury , determining there to stay , till he might see the world at some better stay . Here the Earle of Worcester Steward of the Kings house , broke his white staffe , and without delay went to the Duke of Lancaster ; who understanding that k. Richard was returned out of Ireland , he left the Duke of York at Bristow , and came back with his Power to Berkly , and from thence the next day came to Glocester , then to Rosse , after to Hereford , where came to him the Bishop of Hereford and Sir Edmund Mortimer : on the Sunday following he went to Ly●ster , and there the Lord Charleton came to him : from thence he went to Ludlow , and the next day to Shrewsbery , and thither came to him Sir Leigh●nd ●nd Sir Iohn Leigh , and many other , being sent from Chester , to offer their service ; thither also came to him the Lord Scales , and the Lord ●ardolphe , forth of Ireland : From Shrewsbery he went to Chester , and from thence sent for his sonne and heire , and likewise for the Duke of Glocesters sonne and heire ( whom K. Richard had left in custody in Ireland ) with all speed to come into England ; but the Duke of Glocesters son through misfortune perished at Sea , or as some write , dyed of the plague ; the sorrow whereof caused , shortly after , his mothers death . After this , the Duke sent the Earle of Northumberland to the king ; who upon safe-conduct comming to him , declared , that if it might please his Grace to undertake , that there should be a Parliament assembled , in which Justice might be had , and herewith pardon the Duke of Lancaster of all things wherein he had offended , the Duke would be ready to come to him on his knees , and as an humble subject obey him in all dutifull services . Yet upon this conference with the Earle , some say , the king required onely , that himselfe and eight more , whom he would name , might have honorable allowance , with the assurance of a private quiet life , and that then he would resigne his Crown ; and that upon the Earles Oath that this should be performed , the king agreed to go● with the Earle to meet the Duke : but after foure miles riding , co●ming to the place where they had laid an Ambush , the King was enclosed , and constrained to goe with ●he Earle to Rutland , where they dined , and from thence to Flint , to bed . The 〈◊〉 had very few of his friends about him , but onely the Earle of Salisbury , the ●ishop of Carlile , the Lord Scroope , Sir Nicolas Ferehye , and Iames D'Arthois a Gas●●●gne , who still wore a white Heart , the Cognisance of his Master K. Richard , and neither for Promises nor Threats would be drawne to leave it off . The King being in the Castle of Flint , and Duke Henry with his Army approaching neere the Towne , the Archbishop of Canterbury , with the Duke of Aumerle a●d the Earle of Worcester , went before to the King ; whom the King spying from the walls where he stood , went downe to meet , and finding they did their due reverence to him on their knees , he tooke them up , and taking the Archbishop aside , n●ked with him a good while ; and as it was reported , the Archbishop willed him to be of good comfort , for he should be assured not to have any hurt as touching his person . After this , the Duke of Lancaster came to the Castle himselfe , all-armed ; and being within the first gate , he there stayed , till the King , accompanied with the Bish●p of Carlile , and Earle of Salisbury , and Sir Stephen Scroope , who bore the sword before him , came forth , and sate down in a place prepared for him . As soone as the● Duke saw him , he came towards him , bowing his knee ; and comming forward , did so the second time , and the third , till the king tooke him by the hand , and lift him up , saying , Deere Cousin , you are welcome . The Duke humbly thanking him , s●●d● My Soveraigne Lord and king , the cause of my comming at this present , is ( your Honour saved ) to have restitution of my Person , my Lands and Heritage : Whereto the king answered : Deere Cousin , I am ready to accomplish your will , so that you may enjoy all that is yours without exception . After this , comming forth of the Castle , the king called for wine ; and after they had drunke , they mou●●ed on horse-back , and rode to Chester , the next day to Nantwych , then to Newc●stle , from thence to Stafford , and then to Lichfield , and there rested Sunday : after that , they rode forward , and lodged first at Coventry , then at Dayntree , then at N●r●h●mpton , next day at Dunstable , then at S. Albans , and so came to London : In all which journy they suffered not the king to change his apparell , but made him ri●e still in one suit of raiment , and that but a simple one , though he in his time was ●x●●eding sumptuous in apparell , having one Coate which was valued at Thirty Thousand markes : And in this ●ort he was brought the next way to Westminster , and from thence the next day had to the Tower , and committed to safe Custodie . After this , a Parliament was called by the Duke of Lancaster , but in the name of ● . Richard ; in which many heinous points of Misgovernment were laid to his charge , and were ingrossed up in three and thirty Articles , the chiefe whereof were these : That he had wastefully spent the Treasure of the Realme . That without Law or Iustice , he had caused the Duke of Glocester , and the Earle of Arundell to be put to death . That he had borrowed great summes of money , and given his Letters Patents to repay thesame , and yet not one Penny ever paid . That he had said , The Laws of the Realme were in his head , and in his breast : by reason of which fantasticall opinion , he destroyed Noble-men , and impoverished the Commons . That he changed Knights and Burgesses of the Parliament at his pleasure . That most tyrannously he said , that the lives and goods of all his subiects were in his hands and at his disposition . That whereas divers Lords were by the Court of Parliament appointed to treat of matters concerning the state of the Kingdome ; they being busied about the same Commission , ●e w●●t about to appeach them of high Treason . That by force and threats , he enforced the Iudges of the Realme , at Shrewsbery , to condiscend to his way , for the destruction of divers of the Lords . That he caused his fathers own brother , the Duke of Glocester , without Law to be attached and sent to Callis , and there without reason secretly murthered . That notwithstanding the Earle of Arundell at his Arraignment pleaded his Charter of Pardon , yet he could not be heard , but was shamefully and suddenly put to death . That he ●ssembl●d certaine La●cashire and C●●shire men , to m●ke warre upon his Lord● and suffered them to rob and spoyle , without prohibition . That though he had made Proclamation that the Lords were not attached for any cri●● of Treason , yet afte●ward in the Parliament he laid Treason to their charge . That notwit●standing his Pardon granted to th●m , he enforced divers of the Lords partak●rs to be againe intolerably Fined , to their utter undoing . That without the ●ssent of the Peeres , he caried the Iewels and Plate of this Kingdom● into Ireland . Upon these , and some other Articles , he was by Parliament adjudged to be deposed from all Kingly Honour , and Princely Government . And thereupon , the King being advised by his owne servants , rather voluntarily to resigne the Crowne , then by compulsion to be forced to it ; on the Monday before the nine and ●●entieth day of September , in the yeere 1399. he made a sol●mne Resignation , bef●re diver● Lords and others , sent to him for that purpose : and an Ins●●ume●t of hi● R●signation being made , he would needs read it before them all himselfe , and then subscribed it ; and withall , made it his suit , that t●● Duke of Lanc●ster might be his Successor , and King after him ; and for a signe of his desire hereof , he tooke his Signe● Ring of Gold from his finger , and put it upon the Duke of Lancasters ; that never man who had used a Kingdome with such violence , gave it over with such patience , or rather such willingnes , that he seemed rather to affect it , then that he was any way forced to it . This Resignation of K. Richard being shewed to the Parliament , both Houses gave their assent ; and then C●mmissioners were appointed to pronounce openly the sentence of his deposing , which was done by the Bishop of Assaph , and all Allegiance renounced to him . And now it is easie to be observed , what a wonderfull concurrene of fortunes , in behalfe of the Duke of Lancaster , and against K. Ri●hard , happened together , whereof if any one had been missing , he had never been turned ●ut of his Throne in such manner as he was : For first , if it had not happened that K. Richard had been in Ireland at the time when the Duke began his attempt , it had ●or been possisible for him to compass● his designe as he did : And then , if King Richard being in Ireland , he had not by misfortune of weather been kept sixe weekes from hearing of the Dukes arrivall , he had not given him so large a time for raising of Forces , and ●o more easily might have resisted him : Or after K. Richard heard of the Dukes arrivall , if he had followed the Earle of Salisbury , and not stayed so many dayes longer then he promised , he had found an Army ready to receive ●im , sufficient at least to have given a stop to the Dukes proceedings : Or when at last he came over , and found his Army to faile him , if withall his own courage had not failed him , but that he had manfully put it to the hazard of a Battell , as his souldiers themselves would have had him to doe , he could not chuse but have made a better end of his busines then now he did . But when all is done , there is no warding ●he blowes of Fortune ; or to say better , No resisting the Decree of Heaven : but seeing that Decree is an Abyssus to us , and may perhaps but be conditionall ; we shall manifestly be Traitors to our selves , if we use not our uttermost endeavours to divert it : That it may truly be said , King Richard lost his Crown , more by his own Treason , then by the Treason of any other . Of his Taxations . IN his second yeere , in a Parliament held at Glocester : was granted to be paid by the Merchants , upon every sack of wooll a Mark , for this present yeere ; and for every pounds worth of wares , brought from beyond Sea , and sold here , sixe pence of the Buyer . In his Third yeere , in a Parliament of Westminster , a Subsidie was granted to be levied of the Great men of the Realm , to the end the Commons might be spared : The Dukes of Lancaster and Britain paid 20 marks ; every Earl 6 marns ; Bishops and Abbots with Miter , as much : every Monk , three shillings foure pence : also every Justice , Sheriffe , Knight , Esquire , Parson and Vicar , were charged after a certaine rate ; but no Commons of the Layitie . Also this yeere , in another Parliament , was granted a Tenth by the Clergie , and a Fifteenth by the Laytie ; but with this condition , That from thenceforth , which was in March , 1380. till the Feast of S. Michael , which should be in the yeere 1381. there should be no more Parliaments : but yet was not observed . In his Fourth yeere , in a Parliament at Northampton , a new kinde of Subsidie was granted ; of every Priest Secular or Regular , sixe shillings eight pence ; and as much of every Nunne ; and of every man or woman , maried or not maried , being sixteen yeeres of age , ( beggers onely excepted ) foure pence . In his Fifth yeere , a Subsidie was granted by the Merchants , of certaine Customes of their wools which they bought and sold , called a Maletot , to endure for foure yeeres . In his Seventh yeere was granted him one Moyity of a Fifteenth by the Laytie ; and shortly after , a Moyitie of a Tenth by the Clergie . In his Ninth yeere , halfe of a Tenth , and halfe of a Fifteenth by the Laytie . In his Eleventh yeere , there was granted him a Tenth of the Clergie , and a Fifteenth of the Laytie . In hi● Twelveth yeere , at a Parliament , was granted of every Sack of wooll , forty shillings ; whereof , ten shillings to be applyed presently to the Kings use ; the other thirty to remaine in the hands of Treasurers , towards the charges of warres , if any should happen . Also there was a Subsidie granted , of sixe pence in the pound ; whereof● foure pence to the use last mentioned ; the other two pence to be at the kings pleasure . In his Fifteenth yeere , at a Parliament , was granted a Tenth of the Clergie , and a Fifteenth of the Laytie , towards the charges of Ioh● Duke of La●caster , sent into France . In his Eighteenth yeere , a Tenth was granted by the Clergie , and a Fifteenth by the Laytie , towards his own journey into Ireland . In his Twentieth yeere , the Clergie granted him a Tenth , to be paid that yeere . In his one and twentieth yeere , upon pretence of having ayded the Duke of Glocester , and the Earles of Arundell and Warwick against him , he caused blanke Charters to be made , which he compelled both Citizens and Gentlemen in the Country to seale , whereby he might charge them afterward to pay whatsoever he required . In his two and twentieth yeere , a Fifteenth and a halfe was granted ; and for the Customes of wools , fifty shillings upon every Sack , of Englishmen borne , and three pounds of Strangers . Of Lawes and Ordinances in his time . IN his second yeere , in a Parliament at Glocester , it was enacted , That Merchant-strangers might buy and sell in Grosse , or by Retaile , within this Realme . In his Third yeere , in a Parliament at Westminster , It was Ordained , that the Priviledges and Immunities of the Abby of Westminster should remaine inviolate ; but with this Proviso , against those that tooke Sanctuary with pu●pose to defraud their Creditours , That their lands and goods should be lyable to their debts . In his Sixth yeere , a Parliament was holden , in which the Major of London , upon suggestion that the Fishmongers used great deceit in uttering of their Fish , obtained to have it Enacted , That from thenceforth , none of that Company , nor of the Vintners , Grocers , Butchers , or other that sold any provision of Victuals , should be admitted Major of the City : but in the Parliament next following , were restored to their liberty againe , saving that they might not keepe Courts among themselves , but that all transgressions of their Customes should be tryed at the Majors Court. In his Eleventh yeere , K. Richard created Iohn Beauchamp of Holt , Baron of Kedermister , by his Letters Patents ; the first that was so made ; for before this time , Barons were alwayes made by calling them to Parliaments by the Kings Writ . Affaires of the Church in his time . IN the second yeere of this Kings Reigne , there came messengers from the new-elected Pope Vrban , to require the Kings ayd against such Cardinals as he named Schism●ticks , that had elected another Pope , whom they named Clem●nt : which Cardinalls sent messengers likewi●e to crave his ayd for them , but through perswasion of the Archbishop of Canterbury , Vrbans request was granted , and Clement rejected . In his fourth year , Iohn Wickliffe set forth his opinion touching the Sacrament of the Altar , denying the doctrine of Transubstantiation , in such sort , as the Church of Rome did then teach . In his sixth year , Henry Spencer Bishop of No●wi●h received Bulls from Pope Vrb●n , to grant all priviledges of the Crusado to all such as would come over and assist him against the Anti-Pope Clement ; which being debated in Parliament , It was after much opposition , agreed that it should go forward ; and thereupon , the Bishop not only gathered much money from such as would contribute to the expedition , but drew many great Captaines to go themselves in person ; as namely , Sir Hugh Calverley , sir William Farington , the Lord Henry Beau●●●t , sir William Elmham , sir Tho●as Tryvet , and divers others . The money raised by contribution , came to 25000 Franks , and the Army to 3000 Horse , and 15000 Foot ; with which Forces , the Bishop passing over into Flanders , wonne the Towns of Graveling , Dunkirke , and Newport ; but at last encountred by a mighty Army of the French , he was put to the worse , and returned into England . In the twelveth yeare of this Kings Reigne , an Act was made that none should passe the Seas to purchase promotions or provisions ( as they tearmed them ) in any Church or Churches . Also in this yeare Thomas late Earle of Lancaster , by reason of miracles reported to be done by him , was Canonized for a Saint . At this time also , the Wickliffs mervelously increased , Preaching against Pilgrimages and Images , whose greatest opposer was the Bishop of Norwich . In his thirteenth yeare , Proclamation was made , that all Beneficed men abiding in the Court of Rome , should return into England by a certain day , under pain of forfeiting their Benefices ; and all other not Beneficed , under a certain pain likewise . Also about this time a Statute was made , that no Ecclesiasticall person should possesse Manours , Houses , Lands , Revenues , or Rents whatsoever at the hands of the Feoffee , without the Kings Licence , and the chiefe Lords . In his eighteenth yeare , the Wickliffs were persecuted , and excommunication pronounced against them by the Archbishop of Canterbury . In this Schisme of the two Popes , the French Clergy wrote in behalfe of Clement their Pope , and sent it into England ; the Clergy of England on the contrary , wrote in behalfe of Pope Vrban , and so nothing was agreed . Works of Piety in his time . IN the 20th yeare of this Kings Reign , William B●teman Bishop of Norwich builded Trinitie Hall in Cambridge . In the third year of his Reign , Iohn Philpot Major of Lo●don , gave to the Citie certain Tenements , for the which the Chamberlain payeth yearly to thirteen poore people , to every of them seven pence the week for ever ; and as any of those thirteen persons dyeth , the Major appointeth one to succeed , and the Recorder another . In the one and twentieth yeare of his Reign , King Richard caused the great Hall at Westminster to be repaired , both the Walls , Windows , and Roofe . In his time , Si●●● Archbishop of Canterbury , slain by the Rebels upon Tower hill , built the West-gate of Canterbury , and from thence to the North-gate , commonly called the long wall . Thomas Fits-Ala● or Arundell , being Bishop of Ely , built the great Gatehouse of Ely house in Holborne ; and being after Bishop of Canterbury , he built a faire spire steeple at the West-end of his Church there , called to this day , Arundell steeple , and bestowed a tuneable ring of five Bells upon the same . Of Casualties happening in his time . IN his third yeare , so great a mortality afflicted the North parts of England , that the Country became almost desolate . In his sixt yeare , on the 24 day of May , there happened so great an earthquake , or ( as some write ) a watershake , that it made Ships in the Havens to beat one against the other . In Iuly , in the year 1389. whilest the King was at Sheene ; there swarmed in his Court such multitudes of Flyes and Gnats , skirmishing with one another ; that in the end they were swept away with brooms by heaps , and bushels were filled with them . In his twelveth yeare , in March , first there were terrible Windes ; afterward followed a great mortality , and after that a great dearth ; that a bushel● of wheat was sold for thirteen pence , which was then thought a great price ; for the years before it was sold for six pence , and Wooll was sold for two shillings a stone . In his fourteenth year , on Christmas day , a Dolphin was taken at London-bridge , being ten foot long , and a monstrous grown fish . Ind his eighteenth year , an Exhalation , in likenesse of fire appeared in the night in many places of England ; which when a man went alone , went as he went , and stayed as he stayed ; sometimes like a wheele , sometimes like a Barrell , sometimes like a timberlogge ; but when many went together , it appeared to be far off . Also in a Parliament time , ther was a certain Image of waxe made by Necromancie ( as was sayd ) which at an houre appointed , uttered these words : The Head shall be cut off ; the Head shall be lift up aloft ; the feet shall be lift up above the Head : and then spake no more . This happened in the Parliament , called the Marvellous Parliament , not long before the Parliament that wrought wonders . In his one and thirtieth yeare , a River not far from Bedford , suddenly ceased his course , so as the channell remained dry by the space of three miles ; which was judged to signifie , the Revolting of the Subjects from their naturall Prince . In his two and twentieth yeare , almost through all England , old Bay-trees withered , and afterwards grew green againe ; which was supposed to import some strange event . About the yeare 1380. the making of Gunnes was found by a Germa●e , which may well be reckoned amongst casualties , seeing it was found by casualty ; for this Germane having beaten Brimstone in a morter to powder , and covered it with a stone ; it happened , that as he struck fire , a sparke chanced to fall into the powder ; which caused such a flame out of the morter , that it raised the stone a great heigth ; which after he perceived , he made a Pipe of iron , and tempered the powder with some other ingredients , and so finished that deadly Engine . The first that used it , were the Venetians against the inhabitans of Geneva . Of his Wives . KING Richard in his time had two Wives ; the first was Anne Daughter to the Emperour Charles the Fourth , and Sister to the Emperour Wenceslaus ; who lived his wife ten years , and dyed without issue at Sheene in Surry , in the year 1392 ; whose death King Richard tooke so heavily , that he caused the buildings of that Pallace to be thrown down and defaced , as though to revenge himselfe upon the place , could ease his minde , and mitigate his sorrow . His second Wife was Isabel Daughter to Charles the Sixth King of France ; She was married to him at eight years of age , and therefore never co-habited . After King Richards death she was sent home , and married afterwards to Charles Son and heire to the Duke of Orleance . Of his Personage and conditions . HE was the goodliest personage of all the Kings that had been since the conquest ; tall of stature , of streight and strong limbes , faire and amiable of countenance ; and such a one as might well be the Son of a most beautifull mother . Concerning his Conditions , there was more to be blamed in his Education , than in his Nature ; for there appeared in him many good inclinations , which would have grown to be abilities , if they had not been perverted by corrupt flatterers in his youth . He was of a credulous disposition , apt to believe , and therfore easie to be abused . His greatest transgression was , that he went with his friends ultra aras , where he should have gone but usque ad aras . His greatest imbecilitie , that he could not distinguish between a flatterer and a friend . He seemed to have in him both a French nature and an English ; violent at the first apprehension , calm upon deliberation ; He never shewed himself more worthy of the Government , than when he was deposed as unworthy to Governe ; for it appeared , that his Regality was not so deare unto him , as a private quiet lif●● which if he might have enjoyed , he would never have complained that Fortune had done him wrong . Of his Death and Buriall . KIng Richard , shortly after his Resignation , was conveyed to the Castle of Leeds in Kent , and from thence to Pomfret ; where the common fame is , that he was served with costly meat , like a King , but not suffered once to touch it , and so dyed of forced famine . But Thomas Walsingham referreth it altogether to a voluntary pining of himselfe , through grief of his misfortunes . But one Writer , well acquainted with king Richards doings , saith , that king Henry sitting one day at his Table , said sighing , Have I no faithfull friend that will deliver me of him who will be my death● This speech was specially noted by one Sir Piers of Ex●on ; who presently , with eight persons in his company , went to Pomfret , commanding the Esquire that tooke the Assay before king Richard , to doe so no more , saying , Let him eat now , for he shall not eat long . King Richard sitting down to dinner , was served without Assay ; whereat marvelling , he demanded of his Esquire , why he did not his duty ? Sir ( said he ) I am otherwise commanded by Sir Piers of Ex●on , who is newly come from king Henry . When king Richard heard that word , he tooke the Carving knife in his hand , and stroke the Squire on the head , saying , The Devill take Henry of Lancaster and thee together : And with that word , Sir Piers entred the Chamber , with eight armed men , every of them having a Bill in his hand . King Richard perceiving this , put the Table from him , and stepping to the foremost man , wrung the bill out of his hands , and slew foure of those that thus came to assaile him ; but in conclusion , was felled with a stroke of a Poll-axe , which Sir Piers gave him upon the head , with which blow he fell down dead● though it be scarce credible , that ● man upon his bare word , and without shewing any warrant , should be admitted to doe such a fact . Sir Piers having thus slaine him , wept bitterly : a poore amends for so heynous a trespasse . King Richard thus dead , his body was embalmed , and covered with Lead , all save the face , and then brought to London , where it lay at Pauls three dayes together , that all men might behold it , to see he was dead : The corps was after had to Langley in Buckinghamshire , and there buried in the Church of the Friers Preachers : but afterward , by k. Henry the Fift , it was removed to Westminster , and there honorably entombed , with Queen Anne his wife ; and that beautifull picture of a King , sitting crowned in a Chaire of State , at the upper end of the Quire in S. Peters at Westminster , is said to be of him : although the Scots untruly write , that he escaped out of Prison , and led a solitary and vertuous life in Scotland , and there dyed , and is buried ( as they hold ) in the Black-Friers at Sterling . He lived three and thirty yeares , Reigned two and twenty and three moneths . Men of Note in this Kings time . MEn of Valour in his time were so many , that to reckon them all , would be a hard taske ; and to leave out any , would be an injury : yet to give an instance in one , we may take Iohn of Gaunt Duke of Lanca●ter , whose valour was no lesse seen abroad then at home : In France , in Germany , in Spaine ; in all which places he left Trophies of his Victories . But of learned men , we may name these : William Thorne an Augustine Frier of Canterbury , an Historiographer : Adam Merimouth , a Canon of Pauls Church in London , who wrote two Historicall Treatises ; one intitled Chronicon 40. annoru● ; another , Chr●nicon 60. ●nnorum . William Packington sometime Secretary to the Black Prince , an excellent Historiographer : William Badbye a Carmelite Frier , Bishop of Worcester , and Confessour to the Duke of Lancaster : Iohn ●ourg , Chancellour of the University of Cambridge : William Sc●ade , a Monke of Buck●ast Abby in Devonshire : Iohn Th●risbye Archbishop of Yorke , Lord Chancellour of England , and a Cardinall : Willi●m Berton Chancellour of Oxford , an Adversary to Wickliffe : Philip Repington Abbot of Leicester , a Defender of Wickliffe : Walter Brit , a Scholar of Wickliffs , a writer both in Divinity and other Arguments : Iohn Sharpe , a great adversary to Wickliffe , who wrote many Treatises : Peter Pateshall , a great favourer of Wickliffe : Marcell Ingelno , an excellent Divine , one of the first Teachers in the University of Heydelberg : Richard Withee a learned Priest , and an earnest follower of Wickliffe : Iohn Swasham Bishop of Bangor , a great adversary to the Wickliffs : Adam Eston , a great Linguist , and a Cardinall : Iohn Trevise , a Cornish man , and a secular Priest , who translated the Bible , Bartholmew , De Proprietatibus Rerum ; Polichronicon of Ranulph Higden , and divers other Treatises : Iohn Moone , an English man , but a Student in Paris ; who compiled in the French tongue , The Romant of the Rose ; translated into English by Geoffry Ch●wcer , and divers others . THE REIGNE OF KING HENRY THE FOURTH . Of his comming to the Crowne . AFter the Resignation of King Richard , and the sentence of his Deposing openly read in Parliament ; Henry Duke of Lancaster riseth up from his seat ; and first , making the Signe of the Crosse upon his forehead and breast , he said : In the name of the Father , the Sonne , and the Holy Ghost : I Henry of Lancaster claime the Crown of England , as descended by right line from King Henry the Third . And having thus spoken , he sate downe againe . Upon this , the Archbishop conferred with the Lords ; and having heard their opinions , he ●urned to the Commons , asking them , if they would joyne with the Lords , in choosing Henry of Lancaster for their King : who all with one voyce cryed , Yea , Yea : whereupon going to the Duke , he bowed his knee , and taking him by the hand , led him to the Royall seat ; and then began a Sermon , taking for his Text , out of the first Booke of the Kings , cap. 9. Vir dominabitur in populo : wherein he declared what a happinesse it is to a Nation to have a King of wisedome and valour , and shewed the Duke of La●caster to be such a one ; and as much the defects in both , of the late king Richard. The Sermon ended , the king thanked them all for his El●ction ; and testified unto them , that he meant not to take advantage against any mans estate , a● comming in by Conquest ; but that every one should freely enjoy his own , as in times of lawfull succession . And now a time was appointed for his Coronation ; and accordingly , upon the 13th day of October following , the very day wherein the yeere before he had been banished , he was Crowned at Westminster , by the Archbishop of Canterbury , with all Rites and Ceremonies accust●med . At his Coronation , he was anoynted with an Oyle which a Religious man had given to Henry , the first Duke of Lancaster , together with this Proph●re , That the kings anoynted with this oyle , should be the Champions of the Church . This oyle comming to the hands of king Richard , as he was looking amongst his Jewels , going then into Ireland , he was desirous to be anoynted with it , but that the Archbishop of Canterbury told him , it was not lawfull to be anoynted twice : whereupon putting it up againe , at his comming afterwards to Fli●t , the Archbishop got it of him , and kept it till ●he Coronation of king Henry , who was the first king of the Realme that was anoynted with it . The day before the Coronation , the king in the Tower made one and ●orty , some say but twelve , knights of the Bathe , whereof foure were his owne sonnes , Henry● Thomas , Ioh● , and Humfry , all then alive ; and with th●m , ●hree Earles , a●d five ●●rons . Upon the Feast-day , many claimed Offices , as belonging to their Tenures , ●o which , upon shewing their Right , they were admitted . And now the King ●ade divers new Officers : The Earle of Northumberland he made Constable of Eng●●nd ; the Earle of Westmerland was made Lord Marshall ; Sir Iohn Serle , Chancellor ; ●ohn Newbery Esquire , Treasurer ; and Sir Rich●rd Clifford was made Lord Keeper of ●he Privy Seale : The Lord Henry his eldest sonne , being then about thirteen yeers ●f age , was created Prince of Wal●s , Duke of Cornwall , and Earle of Chester , and ●oone after also Duke of Aquitaine : and the Crowne was by Parliament E●●ailed ●o King Henry , and the heires of his body lawfully begotten . After this a Parliament was holden , in which the Acts made in the Eleventh yeere of King Richard were revived , and the Acts made in his one and twentieth yeere were wholly repealed ; and they who by that Parliament were attainted , were re●tored to their Lands and Honours : whereupon Richard Earle of Warwick was de●ivered out of Prison , and the Earle of Arundells sonne recovered his Inheritance ; ●nd many other also that were banished , or imprisoned by King Richard , were then ●ully restored to their liberty and estates . Also the King gave to the Earle of West●erland the County of Richmond ; and to the Earle of Northumberland the Isle of M●n , to be holden of him by bearing the sword wherewith he entred into England . And now was the time for shewing of Spleens : Sir Iohn Bagot then Prisoner in the Tower , accused the Earle of A●merle for speaking words against the Duke of Lanc●ster , now King : also the Lord Fitzwater accused him for the death of the Duke of Glocester : the Lord M●rley appealed the Earle of Salisbury of Treason : and one Hall accused the Duke of Exceter , for conspiring the death of Iohn of Gaunt the Kings father : But King Henry having entred the Throne in a storme , was willing now to have a Calme ; and therefore laying aside the ones Accusations , he accepted of the others Excuses , and received the Duke of A●merle , and the Duke of Exceter into as much favour , as if they had never been accused : And to qualifie the hard opinion which forraigne Princes might conceive of King Richards Deposing , He sent Ambassadours into divers Countries , to make it knowne , by what Title , and by what favour of the People he came to the Kingdome . To the Court of Rome he sent Iohn Trenevant Bishop of Hereford , Sir Iohn Cheyny Knight , and Iohn Cheyny Esquire : Into France he sent Walter Sherlow Bishop of Durham , and Thomas Percy Earle of Worcester : Into Spaine he sent Iohn Trevor Bishop of Assaph , and Sir William Parre : and into Germany he sent the Bishop of Bangor , and certaine others . Most of these Princes seemed either not to regard what was done , or were easily perswaded that all was done well : onely Charles King of France was so distemper'd with this indignity offered to his sonne in Law K. Richard , that by violence of his Passion , he fell into his old pangues of Frensie ; but somewhat recovered , he resolved to revenge it ; wherein many Lords of France shewed themselves forward , but specially the Earle of S. Paul , who had maried K. Richards halfe-sister : yet having prepared an Army in readinesse , when afterward they heard of King Richards death , they dissolved it againe , as considering the time was then past . The Aquitaines also , and specially the Citizens of Burdeaux , as being the place where K. Richard was born , were mightily incensed : but Sir Robert Knolls Lieutenant of Guyen , and afterwards Thomas Percy Earle of Worcester , being sent to them by the King , so perswaded them , that with much adoe they continued in obedience . It was about this time , moved in Parliament , what should be done with King Richard ( for he was not as yet murthered : ) Whereupon , the Bishop of Carlile , ● learned man and wise , and who had never given allowance to the Deposing of King Richard ; now that he was in a place of freedome of speech , he rose up , and said : My Lords , The matter now propounded is of marvellous weight and consequence ; wherein there are two points chiefly to be considered : the first , Whether King Richard be sufficiently put out of his Throne : the second , Whether the Duke of Lancaster be lawfully taken in . For the first , how can that be sufficiently done , when there is no Power sufficient to doe it ? The Parliament cannot , for of the Parliament the King is the Head ; and can the Body put down the He●● You will say , But the Head may bow it selfe downe ; and so may the King ●esign● It is true ; but what force is in that which is done by force ? and who knowes 〈◊〉 that King Richards Resignation was no other . But suppose he be sufficiently ou● yet how comes the Duke of Lancaster to be lawfully in ? If you say , by Con●uest , you speak Treason ; for what Conquest without Arms ? a●d can a subj●ct take Ar●● against his lawfull Soveraigne , and not be Treason ? If you say , by El●ction of 〈◊〉 State , you speake not reason ; for what power hath the State to El●ct , while any 〈◊〉 living that hath right to succeed ? but such a Succ●s●or is not the Earle of Lancaster , as descended from Edmund Crouchback , the elder sonne of King Henry the Third , though put by the Crowne for deformity of his body ; For who knowes not the falsenesse of this allegation ? seeing it is a thing notorious , that this Edmund was neither the elder brother , nor yet crooke-backr , ( though called so for some other reason ) but a goodly personage , and without any deformity . And your selves cannot forget a thing so lately done ; who it was , that in the fourth yeere of K●●g Richard was declared by Parliament to be Heire to the Crowne , in case K. 〈◊〉 should dye without issue . But why then is not that claime made ? because , Sil●●● leges inter arma ; what disputing of Titles against the streame of Power ? B●● howsoever , it is extreame injustice , the King Richard should be condemned , without being heard , or once allowed to make his defence . And now , my Lords , I have spoken thus at this time , that you may consider of it before it be too late ; for as yet it is in your power to undoe that justly , which you have unjustly done . Much to this purpose was the Bishops speech ; but to as little purpose as if he had gone about to call back Yesterday : The matter was too farre gone ; and scarce a person there present , that had not a hope of either a private or a publick benefi● by that which was done . Yet against this speech of the Bishop there was neither Protesting nor Excepting ; It passed in the House as but one mans opinion : And as for the King , it was neither fit he should use much severity against any Member of that Parliament which had so lately shewed so much indulgence towards him ; nor indeed safe , to be too hot in his Punishment , when he was yet scarce warme in his Government . Yet for a warning to use their liberty of speech with more moderation hereafter , the Bishop was arrested by the Marshall , and committed to Prison in the Abby of S. Albans , but afterward without further censure se● at liberty ; till upon a conspiracy of the Lords , wherein he was a Party , he was condemned to dye , though through extremity of griefe he prevented execution . But as for King Richard , and Edmund Mortimer Earle of March , enough was spoken by the Bishop in both their behalfes , to undoe them both : and indeed , K. Richard was soone after made away ; the Earle secured himselfe by retiring farre off , to his Lordship of Wigmore : avoyding the danger of Contention , by not entring the Lists of Aspiring : But although the Divine Providence , for causes hidden from humane knowledge , gave way at this time to the advancement of the younger , the House of Lancaster ; yet in the third Generation after , the elder , the House of Clarence recovered its Right , in K. Edwa●● the Fourth ; that we may know , it is but staying the leisure of Heaven , for every one to have his Right , either in Person , or by Proxie . But whether incited by this speech of the Bishop , or otherwise out of the ran●●ur of envy is some , and malice in others ; it was not long after , before there grew in the mindes of many both Lords and other , a malignant inclination towards King Henry ; and came first to be a Conspiracie in the house of the Abbot of Westminster . This Abbot was a kinde of Booke-statesman , but better read in the Politicks of Aristotle then of Solomon ; who remembring some words of King Henry , which he had spoken long before , when he was but Earle of Darby ; That Princes had too little , and Religious men too much : and fearing , lest being now king , he should reduce his words into act , he thought it better to use preventing Physick before-hand , then to sta●d to the hazard of a curing afterward : and thereupon invited to his house the discontented Lords ●●s namely , Iohn Holland Duke of Exceter , Thomas Holland hi● brothers sonne , Duke of Surry , Edward Duke of A●merle , Iohn Montacute Earle of S●lisbury , Hugh Spenser Earle of Glocester , Iohn Bishop of Carlile , Sir Thomas Blunt , and Ma●●lin one of King Richards Chappell : who after dinner conferring together , and communicationg their spleenes against King Henry one with another ; they resolved at last , both to take away the Kings life , and of the way how to doe it . The device was this : They would publish a solemne Justs to be●olden at Oxford , at a day appointed , and invite the King to honor it with his presence ; and there , in the time of acting the Justs , when all mens intentions should be otherwise busied , they would have him be murthered . This device was resolved on ; Oaths for secrecy were t●ken ; and Indentures sextipartite for performing conditions agreed upon between them , sealed and delivered : The Justs are proclaimed ; the King is invited , and promiseth to come ; secrecie of all hands kept most firmly to the very day : But though all other kept counsell , yet Fortune would not , but she discovered all ; For it fortuned , that as the Duke of Aumerle was riding to the Lords at Oxford , against the day appointed , he tooke it in his way to goe visit his father the Duke of Yorke ; and having in his bosome the Indenture of Confederacy , his father , as they sate at dinner , chanced to spy it , and asked what it was ? to whom his sonne answering , It was nothing that any way concerned him ; By S. George , saith his father , but I will see it : and there withall snatching it from him , read it ; and finding the Contents , and reviling his sonne for being now the second time a Traitour , before to King Richard , and now to King Henry , he commanded his horses to be instantly made ready , and with all the speed he could make , rode to Windsor , where the King then lay : but the younger yeeres of his sonne out-rid him , and came to the Court before him ; where locking the Gates , and taking the keyes from the Po●ter , pretending some speciall reason , he went up to the King , and falling on his knees , ●sked his Pardon . The king demanding , for what offence ? he then discovered the whole Plot : which he had scarce done , when his father came rapping at the Court-gates , and comming to the king , shewed him the Indenture of Confederacy which he h●d taken from his sonne . This , though i● amazed the king , yet it informed him of the truth of the matter , whereof he was before doubtfull ; and thereupon layes aside his journey to see the Justings of others in jest , and takes care that he be not justled in earnest out of his Throne himselfe . In the meane time , the confederate Lords being ready at Oxford , and hearing nothing of the Duke of Aumerle , nor seeing any preparation for the kings comming , were certainly perswaded that their Treason w●s discovered : Whereupon falling into consideration of the case they were in , they found there was no place left for them of Mercy , and ther●fore were to stand upon their Guard , and provide the best they could for their safety : To which purpose , the first thing they did was to apparell Magdalen in Princely robes , a man as like to king Richard in countenance and pesonage , as one man lightly can be to another ; and to give forth that he was king Richard escaped out of Prison , thereby to countenance their proceedings : The next thing was to dispatch me●senger● to the king of France , and require his assistance . This done , they set forward in Battell-array towards Windsor , against king Henry ; but finding him gone to London before they came , they then deliberate what course to take : Some advised to set K. Richard at liberty , before their counterfeit Richard should be discovered : Others ●hought best to follow the king to London , and set upon him unprovided , and befo●e he had g●thered Forces . In this division of Advises , when they could not doe both , they did neither ; but as men amazed , ma●ched on , though they knew not well wh●ther , till they came to Colbrooke ; by which time the king had gathered an Army of twenty thousand , and was marching towards them : but they not thinking so well of their c●●se , that they durst put it to the tryall of a battell ; or perhaps staying for ayde out of France ; withdrew themselves back to Sunnings neere to Reading , where the young Queen lay● to whom their comming gave some flashes of comfort , but quenched before they were throughly kindled : and from thence they march to Cicester ; where the Duke of Surry and the Earle of Salisbury●o●ke ●o●ke up their lodging in one Inne ; the Duke of Exceter and the Earle of Glocester in anoth●● : And now a strange Accident , beyond the reach of all consultation , gave a period to their Designe ; for who would thinke that a private company durst oppose those Lords having their Army so neere them ? yet the Bailiffe of the Towne , upon intelligence ( no doubt ) that these Lords were up in Arme● against the King , taking with him a company of Townsmen , in the night assaulted the Inne where the Duke of Surry and the Earle of Salis●ury lay ; who thus assaulted , made shift to defend themselve● till three a clock in the afternoone ; but then , being in danger to be taken , a Priest , one of their company , set divers houses in the Towne on fi●e , thinking thereby to divert the Assailants from prosecuting the Lords , to save their houses : but this inflamed them the more ; and so hotly they pursued their as●ault , that they wounded the Duke and the Earle to death ; who dying that night ; their heads were stricken off , and sent up to London . With them also were taken , Sir Bennet Shelley , Sir Barnard Brocas , Sir Thomas Blunt , and eight and twenty other Lords , Knights and Gentlemen ; who were sent to Oxford , where the King then lay , and there were put to execution . The Duke of Exceter in the other Inne , hearing of this assault , fled out of the backside towards the Campe , intending to bring the whole Army to the rescue● but the souldiers having heard a clamour , and seeing fire in the Towne , supposing the King had been come with all his Forces , out of a sodaine feare dispersed them selves and fled ; which the Duke seeing , he also , with Sir Iohn Shelley , fled into Essex , where wandring and lurking in secret places , he was at last apprehended as he sate at supper in a friends house , and led to Plashey , and there shortly after beheaded ; the place , where by his counsell and countenance , the Duke of Glocester formerly had been apprehended : that we may observe , how the Divine Providence , in revenging of injuries , takes notice , and makes use of the very circumstance of place where the injuries are ●one . The Earle of Glocester fled towards Wales , but was taken , and beheaded at Bristow . Magdalen the counterfeit king Richard , was apprehended and brought to the Tower , and afterward hanged and quartered ; with Mr. Fereby , another of king Richards Chaplaines . Divers other Lords , and Knights , and Gentlemen , and a great number of meane persons , were in other places put to death ; that so much Noble blood , at one time , and for one cause , hath scarce been heard or read of . The Abbot of Westminster , in whose house the Plot was contrived , hearing of these misfortunes , as he was going between the Monastery and his Mansion , fell suddenly into a Palsie , and shortly after , without speech , ended his life . About this time also , a strange peece of Treason is reported to have been practised against the kings life : that there was found in his bed-cloaths an Iron with three sharpe pikes standing upright ; that when the king should have layd him downe , he might have thrust himselfe upon them . But seeing there is no farther mention of inquiring after it ; it seemes to have been but an idle rumour not worth beleeving . But now that the hot English blood was well allayed , the Welch blood springs up as hot : For now , Owen Glendour an Esquire of Wales , brought up at the Innes of Court in London ; partly out of a desire to revenge a wrong done him ( as he conceived ) in a suit for lands in controversie between the Lord Grey of Ruthin and him , but chiefly out of an humour of aspiring , endeavored to draw the Welchmen to a generall defection , telling them , That the English being at variance amongst themselves , now was the time to shake off their yoake , and to resume their owne antient Lawes and Customes . To whose perswasions the Welchmen hearkening , made him their king and Captaine ; and he having gotten a competent Army , sets first upon his old Advers●ry ●ey●old Lord Grey of Ruthin , and takes him Prisoner ; yet with promi●e of Releasement , if he would marry his daughte● ; which offer , though the Lord Grey at first not onely refused , but scorned , yet out of necessity at last he was contented to accept ; when notwithstanding , his deceitfull father in Law trifled out the time of his enlargement , till he dyed . But the Welchmen growing confident upon this successe , breake into the borders of Herefordshire , making spoyle and prey of the Country as freely as if they had leave to doe it ; for indeed none opposed them but onely the Lord Ed●●nd Mortimer , who had formerly withdrawne himselfe to his Castle at Wigmore ; an● he having assembled the Forces of the Country , and joyning b●ttell with them , was taken Prisoner , and then fettered , and cast into a deepe and vile Dungeon . It was thought if Glendour had as well known how to use his victory , as to get it ; he might at this time have put the English yoak into a great haz●rd to be shaken off : but he having killed a thousand of the English , thought he had done for that time , and so giving over the pursuit , retired . The inhumanity of the Welsh women was here memorable , who fell upon the dead carkasses of the English , first stripping them , and then cutting off their privie parts , and noses ; whereof the o●e they thrust into their mouthes , the other they pressed between their buttock● . Many noble men , specially his kinsmen the Percies , sollicited King Henry to deliver Mortimer ; but the King was deafe of that eare , he could rather have wished both him and his two Sisters in heaven , for then he should be free from conceal'd competitours . These affronts were at this time suffered in the Welch , because the King was now employed in a more dangerous service with the Scots ; for they taking advantage of the distraction in the kingdome ( as it was alwayes their custome to do ) had made an In-rode into the County of Northumberland , and sudden●y one night set upon the Castle of Werke ; tooke and spoiled it , and then returned . In revenge wherof , the English invaded and spoiled certain Islands of the Orkn●ys : Then the Scots set forth a Fleet , under the conduct of Sir Robert Logon ; but before he came to any action , he was encountred , and the greatest part of his Fleet taken . But these were but such affronts , as often happen between troublesome neighbours ; for all this while the Peace was still in being between the Nations , but at last it brake out into an open warre upon this occasion : Robert King of Scots had offered to match his Son David with a D●ughter of Geo●ge Earle of Dunbarre , and had received money of him in part of her portion ; and afterward would neither suffer the March to proceed , nor yet pay back the money ; but married his Son to a Daughter of Archibold Earle of D●●glasse : Upon which indignity , George of Dunbarre flyes into England to king Henry ; and with his ayd makes divers incursions into Sco●land : Whereupon Rober● king of Scots sent to king Henry , that if he would have the Truce between them to continue , he should deliver to him George of Dunbarre . King Henry answered , that he had given him a safe conduct , and could not now recall it with his Honor ; but as for continuing the Truce , king Robert might do in that what he thought best● Upon this answer , the king of Scots presently proclaimed warre against him ; But king Henry as ready in that matter as he , stayed not for king Roberts invading of England ; but himselfe with a puissant Army invaded Scotland , burning Castles , and Cities , and not sparing Churches , and Religious Houses . About the end of September , he besieged the Castle of Maydens in Edenbourgh , where Prince David , and the Earle Dowglasse were : At which time , Robert Duke of Albanye , who in the king of Scots sicknesse managed the businesse , sent an Herald to king Henry , protesting upon his honor , that if he would stay but six dayes , he would give him battell . K. Henry rewarded the Herald , and stayed ; but six times six dayes passed , but neither Duke of Albany , nor any other for him appeared . And now winter came on , Victualls grew scant , and which was worst , a mortality began in the Engl●sh Campe ; For which causes , king Henry removed his Siege , and retu●ned i●t● England . As soone as he was gone , sir Patrick Hebborne a Scottishman , having a good opinion of his valour , thought to do great matters ; and with a competent Army of the men of L●●gh-deane , he invaded Northumberland , making great spoile , and loading his Soul●diers with prey , and prisoners ; but in the Retreit , marching loosely and licentiously , was set upon by the Earle of Northumberland Vice-warden , at a Towne called Neshye ; where Hebborne himselfe , and all the floure of L●ugh-deane were flaine ; sir Iohn and William Cockburne , sir William Busse , Iohn and Thomas Hablington Esq●ires and a multitude of common Souldiers taken prisoners . On the Engl●sh part few sl●in● and none of any ranke or quality : In revenge whereof , Archibold Dowglasse with an Army of twenty thousand entred Northumberland ; but at a place called Hom●ldon , were encountred by the English , under the leading of Henry Lord Percye , sirnamed Ho●spu●●e , and George Earle of March , who put them to ●light ; and after the slau●hter of ten thousand of them , tooke five hundred prisoners ; whereof the chieft were Mordack Earle of Fife , ( sonne of the Generall , who in the fight lost one of his eyes ) Thomas Earle of Murrey , Robert Earle of A●gus , the Earls of Atholl and Menli●●● and amongst the slaine , were Sir Iohn Swinton , Sir Adam Gourdon , Sir Iohn Leviston , Sir Alexander Ramsey , and three and twenty other knights . In this meane time , Glendour of Wales had solicited the king of France for ayde , who sent him twelve hundred men of quality , but the windes were so contrary , that they lost twelve of their ships , and the rest returned home . The English , deriding this ill successe of the French , so exasperated the French-king , that presently after he sent twelve thousand , who landed safely , and joyned with the Welch ; but as soone as they heard of the English armies approach , whether mistrusting their own strength , or suspecting the Welch-mens faithfullnesse , they ran to their ships and disgracefully went home . King Henry's Ambassadors lately sent into Britaine to fetch the Lady Iane de Navarre Dutchesse of Britiane , the relict of Iohn de Montford sirnamed the Conquerour● with whom the king by Procurators had contracted Matrimony ; in the beginning of February returned with her in safety : The king met her at Winchester , where the seventh of February the marriage was solemnized . About this time some affronts were offered by the French : Valerian Earle of S. Paul , with seventeene hundred men , landed in the Isle of Wight , where hee burnt two Villages and some few Cottages ; but hearing the people of the Island to have assembled , hee made haste to his ships , and returned home . Also Iohn Earle of Clermont ( the heire of Bourbon ) won from the English the Castles of S. Peter , S. Mary , and the New-Castle : The Lord de la Brett , won the Castle of Cal●●in ; places of great consequence to the English. And now to make k. Henry sensible that a Crown can hardly ever sit easie upon the head , if it be not set on right at first ; a new Conspiracy is hatching against him : The Percies , Earls of Northumberland and Worcester , with Henry Hotspur , began about thi● time to fall off from king Henry ; their reason was , First , because the king at their request refused to redeeme their kinsman Mortimer from Glendours slavery ; and then because he denied them the benefit of such prisoners as they had taken of the Scots , at Homildon or N●shye : whereupon they went of themselves , and procured Mortimer's delivery , and then entred into a League offensive and defensive with Glendour , and by their Proxies , in the house of the Arch-deacon of Bangor , they agreed upon a Tripartite Indenture under their hands and seales , to divide the kingdome into three parts ; whereby all England from Sever● and Trent , South and Eastward , was assigned for the portion of the Earle of March : All Wales and the Lands beyond Sever● VVestward , were assigned to Owen Glendour : And all the remainder of land from Trent Northward , to bee the portion of the Lord Percy . In this , as Glendour perswaded them , they thought they should accomplish a Prophesie ; as though king Henry were the Mouldwarp cursed of Gods own mouth ; & they three were the Lyon the Dragon and the Wolfe which should divide the Land among them . In this meane time king Henry , not acquainted with this Conspiracy , caused a Proclamation to bee made , intimating that the Earle of March had voluntarily caused himself to bee taken prisoner , to the end , the Rebels having him in their custody , might pretend some colour for their Conspiracy ; and therefore hee had small reason to take care for his deliverance . Hereupon the Percies assisted with a company of Scots , and drawing to their party the Earle of Stafford , and Richard Scroope Archbishop of Yorke and many other , purposed to joyne with the Captain of the Welch , but first they framed certaine Articles against the king , and sent them to him in writing . That hee had falsified his Oath given at his landing , swearing that he came but only to recover his Inheritance , and would not meddle with the King , or with the Crowne . That most trayterously hee had taken Armes against his Soveraigne Lord , Imprisoned him , and then most barbarouusly caused him to be murthered . That ever since the death of king ●ichard , he had unjustly kept the Crown from his kinsman Edmund M●rtimer Earl of March , to whom of right it belonged . That upon no occasion , hee had imposed divers Taxes upon the people . That by his Letters hee procured Burgesses and Knights of the Parliament to bee chosen ; for which causes and many other , they defyed him , and vowed his destruction , and the restoring of the Earle of March to his right . King Henry could not but know that all these Articles against him were true , yet seeing the knowing it hindred him not from seeking to get the Crowne when hee had it not ; it could lesse hinder him from seeking to keep it now that he had it ; and if he were able , being a private man , to get it from a King , he was likely to bee more able , being now a king , to keepe it from privat● men ; and as for any objections that Conscience could make , he had enough to answere them all : For , if his Title were good against king Richard , by his Resignation , it was as good against Mortimer by his swearing Allegiance ; and upon these grounds , with a minde as confident as if all cyrcumstances were of his side , he raysed an Army , and marched towards the Lords , taking care they might by no meanes joyne with the Welch ; and about Shrewsbury , on Saturday S. Mary Magdalens Eve , hee encountred them , in which fight though the Scots and Henry Hotspur shewed much valour , yet the victory rested on the kings side ; Hotspur himselfe was slayne , the Earle of Worcester was taken prisoner , together with Sir Richard Vernon , Sir Theobald Trussel , the Baron of Kinderton ; and the rest fled . On the kings part ( besides the Earle of Stafford , who had that morning revolted from the Conspirators ) were slaine Sir Hugh Sherley , Sir Clifton● Sir Iohn Cockayn , Sir Nicholas Gausell , Sir Walter Blunt , Sir Iohn Calverley , Sir Iohn Massie of Puddingtr● , Sir Hugh Mortimer and Sir Robert Gausell , all which had beene but that morning dubbed knights , with Sir Thomas Wendsley , who died afterwards of his wounds ; of common Souldiers about sixteene hundred , but of the Conspirators above six thousand , whereof 36 the king slew with his own hand , but was once unhorsed by Dowglasse , who in his presence slew Sir Walter Blunt , with divers others , that day in all things attired like to the king ; for which exployt , Dowglasse ( being after by the fall of his horse taken prisoner ) was by the kings command , carefully attended , and without Ransom set at liberty : In this batttell , the young Prince Henry , though wounded in the face with an Arrow , yet was not wounded in his courage , but continued fighting still . After this victory the king caused publique thanks to bee given to God , and then caused the Earle of Worcester to bee beheaded , and many others of that Rebellion to bee drawne hanged and quartered , and their heads placed on London Bridge : And then the king sent his sonne Henry Prince of Wales , with his whole Army into that Country ; but before his comming , Owen Glendour was abandoned by all his Company , and lurking in the woods was there famished ; many of his associats were taken and put to death . Whilest the Prince was in Wales , Henry Percy Earle of Northumberland , of his own accord , came and submitted himselfe to the king , protesting his innocency , a● not being once acquainted with any intent of Treason and Rebellion ; whose excuse the king received for the present with gentle language , the rather for that hee had the possession of Barwick Castle and other places of strength in his power , but yet he wiped not off the score of his misdemeanors out of his minde . And now with the fourth yeere of his Reigne ended all the great Troubles of this k. Henry the fourth : those that follow are but such accidents as are frequent in all times both abroad and at home . The Britans under the leading of the Lord of Castiles , spoyled the Towne of Plimouth ; In revenge whereof , the Western-men , under the command of William Wilford , set forth ● Fleete , which arriving in Britaine , tooke forty ships laden with Oyle and Wines , and burnt forty more . Againe the French landed a thousand men in the Wight● where they got together a great booty of Cattell , but the Islanders comming upon them tooke away their booty , and made many of them leave their Carkases for a booty to the ●sland . Yet the French would not leave so , but a while after , as having gotten new spirits , they cast Anchor before the Isle of Wight , and require no lesse then to have the Island into their possession , but a resolute answere of the Islanders frighted them away , and made them glad they were gone . Soone after this the Duke of Orleance , brother to the French king , in a vaunting stile , sent a challenge to king Henry to meete him in the field , each of them to have a hundred in his Company ; to which the king answered , That for his own valour it had sufficiently been tryed , and for this challenge of the Dukes , neither the Person nor the Cause were worthy of his undertaking . Upon this refusall of the kings , divers taunts and jeeres were bandied be●weene them , till at last the Duke , in great passion , falls upon Vergie a Towne in Guyen , but after three moneths assaulting it , being valiantly defended by Sir Robert An●field and three hundred Englishmen , he was glad to give over with losse , and returne into France . Presently upon this , the Admirall of Britaine , accompanied with the Lord du Castile , and thirty saile of ships , attempted to land at Dertmouth in Devonshire , but were repelled , and the Lord du Castile , and two of his brothers , and foure hundred of his men were slaine , besides two hundred taken Prisoners ; of whom , the Lord Baquevile Marshall of Britaine , was one . After this , five hundred men of armes , five hundred Crosse-bowes , and a thousand Flemmings , under the conduct of the Earle of S. Paul , laid siege to the Castle of Mar●k , three leagues fr●m C●llice ; but first by Sir Philip Hall Captaine of Callice , and after by Sir Richard Aston Lieutenant of the English pale , they were forced to retire and flye : The Earle of S. Paul escaped to S. Omers , but left many of his men of quality behind him , and more taken Prisoners . After this , Thomas Duke of Clarence , the Kings second sonne , and the Earle of Kent , with competent Forces entred the Haven of Sluce , where they burnt foure ships riding at anchour , and then returned to the reliefe of Callis , besieged at that time by the French ; and in the way tooke three Carricks of G●noua richly laden , and brought them into the Chamber of Rye . And these were the troubles of this King abroad : But now at home , the Reliques of the former Northerne Rebellion began to revive ; for now , Henry Percy Earle of Northumberland , Richard Scroope Archbishop of Yorke , Thomas Mowbray Earle Marshall , the Lords , Hastings , Fawconbridge , and Bardolfe , with divers others , conspired , at a time appointed , to meet upon Yorkswould-Downes , and there to bid defiance to king Henry . Articles of Grievances were framed , and set up in all publick places , which drew multitudes to be partakers of the enterprize . But now , Ralph Nevill Earle of Westme●land , with the Lord Iohn the Kings third sonne , the Lords Henry Fitz-Hughes , Ralph Evers , and Robert Vmphrevile , make head against them ; and comming into a Plaine in the Forrests of Galltree , they sate down right against the Archbishop and his Forces , which were twenty thousand ; and Westmerland perceiving the Enemies forces to be farre more than theirs , he used this policie : he sent to the Archbishop , demanding the reason why he would raise Forces against the king ? who answering , that his Armes were not against the king , but for his owne defence , whom the king , upon the instigation of Sycophants , had threatned ; withall he sent him a scrowle of their grievances , which Westmerland read , and seemed to approve , and thereupon desired a conference with him : The Archbishop more credulous then wise , perswaded the Earle Marshall to goe with him to the place appointed to conferre : the Articles are read and allowed of ; and thereupon Westmerland seeming to commiserate the souldiers● having beene in armour all day , and weary , wished the Archbishop to acquaint his Party , as he would his , with this their mutuall agreement ; and so shaking hands , in most Courtly friendship dranke unto him ; whereupon the souldiers were willed to disband , and repaire home : which they had no sooner done , but a Tro●p of horse , which in a colourable manner had made a shew to depart , wheeled about , and afterwards returned ; and being come in ●ight , the Earle of Westmerland arrested both the Arcbishop and the Earle Marshall , and brought them both Prisoners to the king at Po●fret ; who passing from thence to York , the Prisoners likewise were carried thither , and the next day both of them beheaded . At Durham , the Lords Hastings and F●wconbridge , with two knights , were executed . Northumberland , with the Lord Bardolfe , fled first to Barwick , and after into Scotland , where they were entertained by David Lord Flemming : whereupon the king gave summons to the Castle of Barwick , which at first they refused to obey , but upon the planting and discharging of a Piece , they presently yeelded without composition : and here William Greystock , Henry Baynton , and Iohn Blink●nsop , knights , and five other were presently put to execution , and many others committed to severall Prisons . About this time , Iames sonne and heire of Robert king of Scotland , a childe of nine yeares old , attended by the Earle of Orkney , as he was sailing into France , was taken by certaine Mariners of Norfolk , who brought him to the King at Windsor , the 30. of March , 1408. and the King sent them to the Tower of London . Northumberland and Bardolfe , after they had been in Wales , France , and Flanders , to raise a Power against King Henry , returned back into Scotland , and after a yeere with a great Power of Scots entred England , and came into Yorkshire , making great spoyle and waste as they passed : but Sir Thomas Rokesby Sheriffe of Yorke , levying the forces of the County , upon Bramham-moore gave them battell ; in which Northumberland was slaine , Bardolfe taken , but wounded to death , and the rest put to flight . About this time also , Sir Robert Vmphrevile Vice-admirall of England , with ten men of warre entred Scotland , burnt their Gally●t , and many other ships over against Lieth , and brought away with him fourteen tall ships laden with corne and other staple commodities , which at his returne he sent into the Markets round about , and thereby brought down the prizes of all things , and purchased to himselfe the name of Mend-market . The Prince had been a Student In Queenes Colledge in Oxford , under the tuition of his Unkle Henry Beaufort , Chancellor of that University , afterwards Bishop of Lincol●e and Winchester , and lastly made a Cardinall , by the title of Eusebius . From Oxford , the Prince was called to Court , and the Lord Thomas Percy Earle of Worcester was made his Governour : but comming afterward to be at his owne disposing , whether being by nature valorous , and not yet well stayed by time and experience ; o● whether incited by ill companions , and emboldened by the opinion of his owne greatnesse ; he ranne into many courses so unworthy of a Prince , that it was much doubted what he would prove when he came to be Prince . Once , it is said , he lay in wait for the Receivers of his fathers Rents , and in the person of a Thiefe set upon them and robbed them . Another time , when one of his companions was arraigned for felony before the Lord Chiefe Justice , he went to the Kings Bench barre , and offered to take the Prisoner away by force ; but being withstood by the Lord Chiefe Justice , he stepped to him , and struck him over the face : whereat the Judge nothing abashed , rose up and told him , that he did not this affront to him , but to the King his father , in whose place he sate ; and therefore to make him know his fault , he commanded him to be committed to the Fleete . You would have wondred to see how calme the Prince was in his own cause , who in the cause of his companion had been so violent : for he quietly obeyed the Judges sentence , and suffered himselfe to be led to Prison . This passage was not a little pleasing to the King , to thinke that he had a Judge of such courage , and a Sonne of such submission : but yet for these and such other pranks , he removed him from being President of the Councell , and placed in it his third sonne Iohn . This made the Prince so sensible of his fathers displeasure , that he thought it necessary to seek by al means to recover his ●ood opinion ; which he endeavored to doe by a way as strange as that by which he lost it : for , attiring himselfe in a garment of blew Sattin , wrought all with Eylet-holes of black silke , at every hole the needle hanging by which it was sowed , and about his arme a thing in fashion of a hounds collar , studded with SS . of gold , he came to the Court at Westminster : to whom , the King ( though not well in health ) caused himselfe , in a Chaire , to be brought into his Privy Chamber ; where , in presence of but three of foure of his Privy Councell , he demanded of the Prince the cause of his unwonted habit and comming ? who answered , That being not onely his subject but his sonne , and a sonne so tenderly alwayes regarded by him , he were worthy of a thousand deaths , if he should intend or but imagine the least offence to his sacred Majestie , and therefore had fitted himselfe to be made a sacrifice ; and therewithall reached his dagger , holding it by the point to his father , For ( said he ) I desire not to live longer , than I may be thought to be , what I am and shall ever be , Your faithfull and obedient Vassall . With this or the like Answer , the King was so moved , that he fell upon his sonnes neck , and with many teares imbracing him , confessed that his ears had been too open to receive reports against him , and promising faithfully , that from thenceforth no reports should cause any disaffection towards him● The king about this time , made his Son Iohn Duke of Bedford , and his Son Humphe● Duke of Glocester ; he made also sir Thomas Beauford Earle of Dorset , and the Earle of Arundel he created Duke of Yorke . The rest of king Henries dayes , from this time forward , being scarce a year , was free from all trouble both abroad and at home ; unlesse perhaps he might be troubled in minde : for having shed so much English and Noblebloud ; for expiation whereof , or else to the end he might joyne Valour and Devotion in one action together , which hitherto he but used singly ; he tooke upon him the Crusado , and at a Councell in White-Friars , order was taken , and great preparation was made for his journey to Ierusalem : But it was otherwise Decreed in Heaven ; and yet not so otherwise , but that he ended his life in Ierusalem , as shall be shewed hereafter . Of his Taxations . IN the very begining of his Reigne , it might passe instead of a Taxation , that he found in king Richards Coffers , in money and jewells , to the value of seven hundred thousand pounds . In his fourth yeare , an extraordinary Subsidie was granted him ; Twenty shillings of every knights Fee , and of every one that had twenty shillings a yeare in land , twelve pence and upward , according to that rate ; and of every one that had twenty pounds in goods , twelve pence , and upward according to that rate ; but with this caution and protestation , that it should not hereafter be drawn for a President , and that no Record thereof should be made . In his sixth yeare , the Clergie granted to the king a Tenth . In his seventh yeare , the Clergie granted a Tenth and a halfe , and the Commons two Fifteens . In a Parliament holden the ninth yeare of his Reigne , the king moved to have allowed him in every yeare wherein there was no Parliament kept● a Tenth of the Clergy , and a Fifteenth of the Layity ; to which demands the Bishops assented , but the Commons would not . In his seventh yeare , a Parliament began which lasted almost a whole yeare , in which a Subsidie was at last granted ; so sharpe , that even Priests and Friers who lived of Alms , were forced every one to pay a noble . Of Lawes and Ordinances made in his time . IN this kings dayes , burning and execution by fire for controversies in Religion was first put in practise . Also in the first yeare of his Reigne an Act was made , that no person of what degree soever , should after that day alleadge for his excuse , any constraint or coa●cting of his Prince● for doing of any unlawfull act ; and that such excuse after that day , should stand him in no stead . Also an Act was made , that no Lord , nor other , might give any Liveries to any but their houshold and meniall servants . In his twelveth yeare , the king caused a new coyne of Nobles to be made , which was of lesse value than the old Noble , by foure pence . Also that all Rypiers , and other Fishers from any of the Sea-coasts , should sell their fish in Cornhill and Cheapside themselves , and not to Fishmongers that would buy it to sell againe . Also this king instituted the Dutchie Court , which he did in honor of the House of Lancaster ; to the end , the Lands belonging to that Dutchie , might in all following times be distinguisht and known from the Lands of the Crown . In his sixt year , the king called a Parliament at Coventry , and sent Processe to the Sheriffes , that they should chuse no knights nor Burgesses , that had any knowledge in the Lawes of the Realm ; by reason whereof , it was called the Lay-mens Parliament . In his seventh yeare , the Major of London for preservation of fish ; obtained , that all Weres which stood between London and seven miles beyond Kingstone ; as also , such as stood betweene London and Gravesend , should be pulled up and taken away . Affaires of the Church in his time . BY reason of discord between Iohn of Gaunt , and Wickham Bishop of Winchester ; the Bishop either in durance , could not , or in feare durst not come to the Parliament House , at a time when the King required a supply of money ; but the Clergie unanimously affirming , that without their brother , the Bishop of Winchesters presence , they neither can nor will consult of any thing● he is presently sent for , and by the King secured . After this , the King called a Parliament at Coventry , and sent Processe to the Sheriffs that they should chuse no knights or Burgesses that were Lawyers , and was therefore called the Laymens Parliament : And shortly after another Parliament was called , and named the unlearned Parliament , either for the unlearnednesse of the persons , or for their malice to learned men ; In which the Commons presented a Petition to the King and the upper House ; desiring that the king might have the Temporall Possessions of the Bishops and Clergie ; the value whereof , they pretended wou'd be sufficient maintenance for a hundred and fifty Earls , one thousand five hundred knights , six thousand two hundred Esquires , and a hundred Hospitals for maymed Souldiers . They craved likewise , that Clerks convict should not be delivered to the Bishops prison ; and that the Statute made in the second yeare of the king against Lollards , might be Repealed . But the king denied their Petition ; and in Person commanded them from thenceforth , not to presume to trouble their brains about any such businesse , for he was resolved to leave the Church in as good state as he found it . In the twelveth yeare of his Reigne , certain learned men in Oxford , and other places , in their Sermons maintained the opinions of Wickliffe ; but the Bishops and Doctors of the University , inhibited and condemned them . In his time was a great Schisme in the Church , by reason of two Anti-Popes ; but afterwards in an assembly of Cardinalls and Bishops , a third man was elected , named Alexander the fifth , who had been trained up at Oxford . Works of Piety in his time . KING Henry Fownded a Colledge at Battlefield in Shropshire , where he overcame the Lord Henry Percy . In his third yeare , the Conduit upon Cornhill was begun to be built . Also in his time Sir Robert Knolls made the Stone bridge of Rochester in Kent ; and founded in the Town of Pomfret a Colledge , and an Hospitall ; he also re-edified the body of the White-Friers Church in Fleetstreet , where he was afterward buried : Which Church was first founded by the Ancestours of the Lord Grey of Codnor . In the eighth yeare of his Reigne , Richard Whittington Major of London , erected a house or Church in London , to be a house of Prayer , and named it after his own name , Whittington Colledge ; with lodgings , and weekly allowance for divers poore people . He also builded the Gate of London , called Newgate , in the yeare 1420 , which was before a most loathsome prison : He builded also more than halfe of St. Bartholmews Hospitall in West-Smithfield , and the beautifull Library in the Gray Friars in London● now called Christs Hospitall : He also builded a great part of the east end of Guildhall , and a Chappell adjoyning to it , with a Library of stone , for the custodie of the Records of the Citie . But he that exceeded all at this time in works of Piety , was William Wickham Bishop of Winchester ; his first worke was the building of a Chappell at Tychfield , where his Father , Mother , and Sister Perr●t was buried : Next , he founded at Southwick in Hampshire , neere the Towne of Wickham , the place of his birth , as a supplement to the Priorie of Sout●wicke ; a Chauntry , with allowance for five Priests for ever : He bestowed twenty thousand marks in repairing the houses belonging to the Bishopricke ; he discharged out ●f Prison in all places of his Diocesse , all such poore prisoners as lay in execution for debt , under twenty pounds : he amended all the high-wayes from Winchester to London , on both sides the River . After all this , on ●he fifth of March 1379 , he began to lay the foundation of that magnificent Structure in Oxford , called New-Colledge , and in person layd the first stone thereof ; in which place before , there stood Naetius-Colledge , built by Alver , at N●tius intreaty ; and for the affinity of the name , came to be called New-Colledge . In the yeare 1387 , on the 26 of March , he likewise in person layd the first stone of the like foundation in Winchester , and dedica●●● the same , as that other in Oxford , to the memory of the Virgin Mary . The Grocer● in London purchased their Hall in Cu●●yhope Lane for 320 marks ; and then layd th● foundation thereof on the tenth of May. King Henry founded the Colledge of F●●ringhey in Northampto●shire ; to which King He●ry the fifth gave land of the Priories of Monkes Aliens , by him suppressed . Iohn Gower the famous Poet , new builded a great part of St. Mary Overyes Church in South●●rke , where he lyes buried . In the second yeare of this king , a new market in the Poultry , called the Stocks , was builded for the free sale of Forreign Fishmongers and Butchers . In his twelveth yeare , the Guildhall of London was begun to be new Edified ; and of a little Cottage , made a goodly house , as now it is . Casualties happening in his time . IN his third yeare , in the Moneth of March , appeared a Blazing-starre ; first betwixt the East and the North , and then sending forth fiery beams towards the North ; foreshewing perhaps the effusion of bloud that followed after , in Wales and Northumberland . In the same yeare , at Danbury in Essex , the Devill appeared in likenesse of a Gray-Frier ; who entring the Church , put the people in great fear , and the same houre , with a tempest of Whirlewinde and Thunder , the top of the steeple was broken down , and halfe the Chancell scattered abroad . In his seventh ye●re , such abundance of water brake suddenly over the Banks in Kent , that it drowned Cattell without number . Also this yeare , the Town of Reystone in Hartfordshire was burnt . In his ninth yeare was so sharpe a winter , and such abundanc● of snow ; continuing December , Ianuary , February , and March , that almost all small Birds died through hunger . Of his Wives and Children . HE had two Wives , the first was Mary , one of the Daughters and heirs of H●mphrey de Bo●un Earle of Hereford , Essex , and Northampton ; she died before he c●me to the Crowne , in the yeare 1394. His second Wife was Ioane , Daughter to Charles the first king of Navarre , she being the widdow of Iohn de Montford surnamed Strea●y , or the Conquerour , Duke of Brittaine ; who dyed without any issue by king Henry , at Havering in Essex , the yeare 1437 , in the fifteenth yeare of king Henry the sixth , and lyeth buried by her husband at Canterbury . He had foure Sons and two Daughters ; Of his Sons , Henry his eldest was Prince of Wales , and after his Father , king of England . His second Son was Thomas Duke of Clarence , and Steward of England ; who was slaine at Beaufort in Anjo● , and dyed without issue . His third Son was Iohn Duke of Bedford ; he married first with Anne Daughter to Iohn Duke of Burgundie ; and secondly with Iacoba Daughter of Peter of Luxenbourgh , Earle of St. Paul , but dyed also without issue . His fourth Son was Humphry ; by his brother king Henry the fifth created Duke of Gloucester , and was generally called the good Duke ; he had two Wives , but dyed without issue , in the yeare 1446 , and was buried at St. Albans ; though the vulgar opinion be , that he lyes buried in St. Pauls Church . Of king Henry the fourths Daughters ; Blanch the elder was married to Lewis Barbatus , Palatine of the Rhene , and Prince Elector : Philippe his younger Daughter , was married to Iohn king of Denmarke , and Norway . Of his Personage and Conditions . COncerning his Body ; he was of a middle stature , slender limbes , but well proportioned . Concerning his Minde ; of a serious and solid disposition , and one that stood more upon his own legges than any of his Predecessors had done : in cases of difficulty , not refusing , but not needing the advice of others ; which might confirme , but not better his own . He was neither merry nor sad , but both : best pleas'd when he was opposed , because this was like to doe him good , by sharpening his invention : most angry when he was flattered , because this was sure to doe him hurt , by dulling his judgement . No man ever more loved , nor lesse doted upon a wife , than he : a good husband , but not uxorious ; that if there be reines to that Passion , we may know he had them . It may be thought , he affected the Crown , not so much out of Ambition as out of Compassion , because the oppre●sions of his Country he could not so well helpe being a Subject , as a King ; for otherwise we may truly say , he was a loser by the Crowne , being not so great for a King , as he was before for a Subject : The Crowne rather was a gainer by him , which hath ever since been the richer for his wearing it . We may thinke he was either weary of his life , or longing for death ; for why else would he take upon him the Crusado , having been told by a skilfu●l Southsayer , that he should dye in Ierusalem ? but it seemes , he did not believe him . Of his Death and Buriall . IN the fortysixth yeare of his Age , having Peace both at home and abroad , and being of too active a spirit to be idle , he tooke upon him the Crusado , and great provision was made for his journey to Ierusalem : but alas , his journey to Ierusalem required no such provision ; for being at his prayers at S. Edwards shrine , he was suddenly taken with an Apoplexie , and thereupon removed to the Abbot of Westminsters house ; where recovering his senses , and finding himselfe in a strange place , he asked what place it was ? and being told that he was in the Abbots house , in a Chamber called Ierusalem : Well then ( said he ) Lord have mercy upon me , for this is the Ierusalem where a Southsayer told me I should dye . And here he dyed indeed , on the 20. day of March , in the yeare 1413. when he had lived sixe and forty yeares , Reigned thirteen and a halfe . It is worth remembring , that all the time of his sicknesse , his will was to have his Crowne set upon his bolster by him ; and one of his fits being so strong upon him , that all men thought him directly dead ; the Prince comming in , tooke away the Crowne : when suddenly the king recovering his senses , missed his Crown ; and asking for it , was told , the Prince had taken it : whereupon the Prince being called , came back with the Crown , and kneeling down , said : Sir , to all our judgements , and to all our griefes , you seemed directly dead , and therefore I tooke the Crown as being my Right : but seeing to all our comforts , you live , I here deliver it much more joyfully than I tooke it , and pray God you may long live to weare it your selfe . Well ( saith the king sighing ) what right I had to it , God knowes . But ( saith the Prince ) if you dye king , my sword shall mai●teine it to be my Right against all Opposers . Well ( saith the king ) I referre all to God : but I charge thee on my Blessing , that thou administer the Lawes indifferently , avoyd Flatterers , deferre not to do Justice , nor be sparing of Mercy : And then turning about , said , God blesse thee , and have mercy on me : and with those words , gave up the Ghost . His body with all Funerall pomp was conveyed to Canterbury , and there solemnly buried . Of men of Note in his time . OF men of Valour in his time , of whom there was great store , I shall need to say no more than what hath already been said in the body of the story : onely I cannot but remember Sir Robert K●olls , who borne of meane parentage , made himselfe famous over all Christendome ; and dying at a Manour of his in Norfolk , was brought to London , and buried in the Church of the White F●ie●s in London , which himselfe had re-edified . But for men of learning , I must set in the first place , William Wickham , a man of no learning , yet well wor●hy t● hold the place : In relating of whose life , I must have leave to expatiate a little . His fathers name was Iohn Long , or as some say , Perot ; but as Campian proveth , Wickham ; and not from the place of his dwelling , though he was Parish-Clerke of Wickham in Hampshire , where he taught children to write : in which quality his sonne William proved so excellent , that Nicolas Wooddall , Constable of Winchester Castle , tooke him from his fa●her , ●nd kept him at Schoole , first at Winchester , afterward at Oxford , till himselfe being made Surveyor-generall of the Kings works , he sent for this William to serve him as his Clerke ; who in short time grew so expert in that imployment , that Adam Torleto● B●shop of Winche●ter , commended him to the King , who imployed him presently in surveying his Fortifications at Dover , and Quinborough Castles , and afterward made him Surveyor of his Buildings at Windsor Castle , and his houses of Henley and East-Hamstead . And here first , Envy rose up against him ; for having caused to be engraven on the stone of a wall in Windsor Castle , these words ; This made William VVi●kham : some that envyed his rising , complained to the King of this insolencie , as arrogating to himselfe , that excellent piece of Building to de done at his charge : but VVickham called before the King about it , made answer , that his meaning wa● not , neither by any ind●fferent construction could it import , that VVickham made that bui●ding , but that the same building made VVi●kham , as being a meanes of the Kings great favour towards him . This answer pacified the King , who tooke him daily more and more into his favour ; and being now entred into the Ministery , was first made Parson of S. Martins in the Fields , then Minister of S. Martins le Grand . ●f●erwards Archdeacon of Lincolne , Provost of VVells , and Rector of Manyhens in Devo●shire ; so as at one time he had in his hands so many Ecclesiasticall livings , that the value of them , in the Kings bookes , amounted to eight hundred seventy sixe pounds thirteen shillings : besides which , he was honored with many Temporall places of great profit and respect , as to be his principall Secretary , Keeper of the Privy Seale , Master of the Wards and Liveries , Treasurer of the Kings Revenues in France , and some other Offices . After which , the Bishoprick of VVinchester falling voyd , meanes was made to the King to bestow that place upon him : And here , the ●●cond time , did Envy rise up against him , informing the King that he was a man of little or no learning , and no way sit for such a dignity : whereupon the King made stay of granting it : but when VVickham came before the King , and ●old him , that what he wanted in personall learning , he would supply with being a Founder of learning ; This so satisfied the King , that he bestowed the place upon him . After this , he was made Lord Treasurer of England : and here the third time did Envy rise up against him ; for the King requiring of his subjects a supply of money , It was answered , that he needed no other supply , than to call his Treasurer to accompt : This blow struck deepe upon the Bishop ; for he was presently charged to give accompt for eleven hundred ninety six thousand pounds ; and whilst he was busie in preparing his account , all his Temporalties , upon importunity of Iohn of Gaunt . were seized into the Kings hands , and given to the Prince of VVales , and himself● upon paine of the Kings displeasure , commanded not to come within twenty miles of the Court. In this case , he dismisseth his traine , and sendeth copies abroad of his accompt , if it might be received ; but was hindred by the working of Iohn of Gaunt against him . Upon this ground ( as was thought ) Queen Philip wife to K. Edward the Third , upon her death-bed , by way of Confession , told VVi●kham , that Iohn of Gaunt was not the lawfull issue of king Edward , but a supposititious Son ; for when she was brought to bed at Gau●t , of a Daughter , knowing how desirous the King was to have a Son ; she exchanged that daughter , with a Dutch woman , for a Boy● whereof she had been delivered about the same time with the Queen . Thus much she confessed , and withall made the Bishop sweare , that if the said Iohn and Gaunt should at any time , either directly , or indirectly attempt the Crown ; or that rightfully , through want of issue , it should devolve unto him ; that then he should discover this matter , and make it known unto the King , and Councell . Afterward the Queen being dead , and the Bishop finding Iohn of Gaunt , as he thought , too much aspiring , he secretly told him this relation , and this adjuration of his supposed mother , advising him not to seeke higher than a private state ; for else he was bound by oath to make it known to all the World : Thus far the Bishop did well ; but when he saw the Son of Iohn of Gaunt not only aspiring , but possessed of the Crown , why did he not then discover it , and joyn at least with the Bishop of Ca●lile , in opposing it ? Certainly , we may know , that either the whole relation was but a Fable , or that Wickham was a Temporizer , or that Iohn of Gaunt was a most patient man , to suffer the affront of such an indignity , with l●sse than the death of him that did it . But howsoever it was , it is certain , the Duke bore a mortall grudge to the Bishop ; who had no way to withstand such an enemy , but by making Alice Pierce his friend : by whose means , after two years , he was restored to all his livings ; and afterward K. Edward being dead , and Alice Pierce banished ; by the means of a greater friend than Alice Pierce ( his full ourse ) he obteined in the second year of k. Richard , a generall pardon under the Great Seale of England ; and from that time forward enjoyed a quiet life , and dyed in the fourth yeare of this King Henry the fourth , being then of the age of above 80 years , and lieth buried in the Church of St. Swithen● in VVinchester , in a monument of his own making in his life time ; leaving for his heire Thomas Perrot , the son of his sister Agnes , married to VVilliam Perrot . Another great example of the volubility of Fortune , in Professors of learning , was Roger VValden , who dyed in the ninth yeare of this King : he was at first a poor Scholler in Oxford ; and the first step of his rising , was to be a Chaplain in the Colledge there of St. Maries ; from thence by degrees he got to be Dean of Yorke ; and after this , a high step , to be Treasurer of England ; and yet a higher after that , up●n the banishment of Thomas Arundell , to be Archbishop of Canterbury : But bein● now at the top , he came down again , for in this kings time , Thomas Arundell bei●g restored to the Archbishopricke , VValden was not only put out of ●hat place , 〈◊〉 was called to accompt for the Treasure●ship : and though he shewed hi● quietus est , yet all his Temporalties were seized , and his person imprisoned , till by the mediation of the now Archbishop Arundell , he was made Treasurer of Calice , and after promoted to be B●shop of London . The next place after these , is justly due to Geoffry Ch●ucer , and Iohn Gower , two famous Poets in this time , and the Fathers of English Poets in all the times after : Cha●cer dyed in the fourth yeare of this king , and lyeth buried at VVestminster : Gower , in this kings ninth yeare , and was buried in St. Mary Overys Church in Southwarke . And now come others to be remembred , who lived and died in this kings time : Hugh Legate , born in Hartfordshire , a Monke of St. Albons , who wrote Scholies upon Boetius de Consolatione . Nicholas Gorham , born also in Hartfordshire , a Dominick Frier , and the French kings Confessor , though an Englishman . VValte● Disse , so called of a Town in Norfolke where he was borne , Confessor to the Duke of Lancaster . Lawrence Holbeck , a Monke of Ramsey , who wrote an Hebrew Dictionary . Iohn Cotton Archbishop of Armagh : Rich●rd Scroope , brother to William Scroope Lord Treasurer of England , made Archbishop of Yorke ; and writing an invective against King Henry , lost his head . William Thorpe , an earnest follower of Iohn Wickliffe , for which he was committed to Saltwood Castle , where he dyed . Stephen Patrington , born in York●shire , and Robert Mascall a Carmelite Frier of Ludlow ; both of them Confessors to king Henry the fifth . Boston a Monke of the Abbey of Burie in Suffolke ; who wrote a Catalogue of all the Writers of the Church , and other Treatises . Iohn Purvey , who was convented for teaching Doctrine con●rary to the Church of Rome , and compelled to recant . Thomas Rudburne Bishop of S. Davids , who wrote a Chronicle . Nicolas Riston , who considering the strife between the then Anti-popes , wrote a booke , De tollendo schismate . Robert Wansham a Monke in Dar●etshire , who wrote a booke in verse , Of the Originall and signification of Words . Robert Wimbledon an excellent Preacher , as app●ar●th by the Sermon he made upo● this Text , Redde rationem Villicatio●is tuae . THE REIGNE OF KING HENRY THE FIFTH . HENRY of Monmouth ( so called from the place in Wales , where he was born ) eldest Son of King Henry the fourth , succeeded his Father in the kingdom of England , to whom the Lords of the Realm swore Homage and Allegiance , before he was yet Crowned ; an honor never done before to any of his Predecessors : and afterwards , on the ninth of Aprill , in the yeare 1412 , he was Crowned at Westminster , by Thomas Arundell Archbishop of Canterbury ; with all Ri●es and Solemnities in such case accustomed : And as the Scripture speaks of Saul , that assoone as Samuel had annointed him King , he had a new heart given him , and he became another man than he was before . So was it with this king Henry ; for presently after his Coronation , he called before him all his old Companions , who had been fr●tres in malo with him ; strictly charging them , not to pre●ume to come within ten miles of his Court , untill such time as they had given good proofe of their amendment in manners ; and least any of them should pretend want of maintenance to be any cause of their taking ill courses , he gave to every one of them a competent meanes whereby to subsist . And knowing ( as he did ) the fashion of the Scots and Welch ; that in times of change they would commonly take adva●tage , to make Inroades upon the Borders ; he therefore ca●sed Forts and Bulwarks in fit places to be erected , and placed Garrisons in them , for preventing or repelling any such incu●sions . Immediately after this , he called a Parliament , where a Subsidie was granted without asking : and in this Parl●ament the Commons began to harp upon their old string , of taking away the Temporalties of the Clergie ; and the Bishops fearing how it might take in the kings ears , thought it best to divert him , by striking upon another string , which they knew would be more pleasing to him ; which was , to shew him the great right he had to the Crown of France . And hereupon Chicheley Archbishop of C●nterbury , in a long narration , deduced the kings Right from Is●bel Daughter to Philip the fourth , married to king Edward the second ; from whom it discended by direct line to his Majesty , and no hinderance of enjoying it , bu● pretension of the Sal●que laws ; which ( said he ) was neither according to the law of God , nor yet intended at first to that Nation ; and though his Predecessors , by reason of other incumbrances forbore to prosecute their Claime , yet he being free from all such incumbrances , had no lesse power , than right to do it . This indeed struck upon the right string of the kings inclination ; for as he affected nothing more than true glory , so in nothing more than in Warlike actions . Hereupon , nothing was now thought of , but the Conquest of France . First there●ore he begins to alter in his Arms the bearing of Semy-de-Luces , and quarters the three Flower Deluces , as the Kings of Fra●ce then bare them ; and that he might not be thought to steale advantage , but to do it fairly , he sent Embassadours to Charles the sixth then king of France , requiring in peaceable manner , the surrender of the Crown of Fra●ce ; which if he would yeeld unto , then King Henry would take to Wife his Daughter Katherine ; but if he refused to do it , then King Henry would with fire and sword enforce it from him , or lose his life . The Ambassador● sent , were the Duke of Exeter , the Archbishop of Dublin , the Lord Gray , the Lord High Admirall , and the Bishop of Norwich , with five hundred horse : who comming to the Court of F●ance , were at first received and feasted , with all the honor and shew of kindnes that ●●ght be ; but assoone as their message was delivered , and that it was knowne what they c●me about , the copy of their entertainment was altered , and they were sent away with as little complement , as they wer● before received with honor ; only told , that the king would speedily make Answer to the King their Master , by his owne Ambassadors : and speedily indeed he did it ; for the Earle of Vendosme , William B●●●tier Archbishop of Bourges , Peter Fresnel Bishop of Lysea●x , with others , were arrived in England , assoone almost as the E●glish were returned● But being come , the Archbishop of Bourges made a long Oration in the praise of Peace , concluding with the tender of the Lady K●theri●e , and 50000 Crowns with her in Dower , besides some Towns of no great importance : To which King H●●●y , by the Archbishop of Ca●terbury made Answer ; That these offers were trifles , and that without yeelding to his demands , he would never desist from that he intended : and with this Answer , the French Ambassadors were dismissed . It is sayd , that about this time , the D●lphi● ( who in the King of France his sicknes , managed the State ) sent to King Henry a Tonne of Tennis Balls , in derision of his youth , as fitter to play with them , then to manage Arm● ; which king He●ry tooke in such scorne , that he promised with an oath , it should not be long ere he would tosse such iron b●lls amongst them , that the best armes in France should not be able to hold a Racket to r●tur●e th●m . And now all things are prepared and in a readines for the kings journey into France , his men shipped , and himselfe ready to go on shipb●●rd ; when sodainly a Treason was discovered against his Person , plotted by Richard Earle of Cambridge , H●●●y Lord Scroope of Masham , Lord Treasurer , and Thomas Grey Earle of N●●thu●berl●●d , and plotted and procured by the French Agents . These being appreh●●ded , and upon examination confessing the Treason , and the money ( which was sayd to be a Million of Gold ) by them for that end received ; were all of them immediately put to death . From this Richard Earle of Cambridge , second Sonne of Edmund of L●●gle● , did Richard afterward Duke of Yorke claime and recover the Crown from the La●castrian Family . This execution done , and the winde blowing faire , king Henry weighs Anchor ; and with a Fleet of 1200 Sayle , ( Grafton saith , but 140 ships ) but Enguerant saith , 1600 , attended with six thousand spears , and 24000 Foo● , besides Engineers and labourers ; he puts to Sea , and on our Lady Eve landeth at Caux ; where he made Proclamation , that no man upon paine of death , should robbe any Church , or offer violence to any that were found ●narmed ; and from thence passing on , he besieged Har●lew ; which when no succour came within certain dayes agreed upon , the Town was surrendred and sacked . Of this Towne he made the Duke of Exeter Captain , who left there for his Lievetenant , Sir Iohn F●lstoffe , with a Garrison of 1500 men . It is said that when king Henry entred H●r●lew , he passed along the streets bare foot , untill he came to the Church of St. Martin ; where , with great devotion , he gave most humble thanks to God , for this his first atchieved Enterprize . From thence he marched forward , and comming to the River of Soame , he found all the Bridges broken ; whereupon he passed on to the bridge of Sr. Maxenae , where 30000 French appearing , he pitcht his Campe , expecting to be fought with ; and the more to encourage his men , he gave the ●rder of knighthood to Iohn Lord Ferrers of Groby , Reynold Graystocke , Percy Temp●s● , Christopher Morisby , Thomas Pickering , William Huddleston , Henry Mortimer , Ioh● Hosbalton , Philip Hall , but not perceiving the Fre●ch to have any minde to figh● he marched by the Town of A●yens to Bow●s , and there stayed two dayes , expec●●ing battell , and from thence marched to Corby ; where the Peasants of the Coun●ry , with certain men of Arms sent from the Dolphi● , charged the right wing of the English , which was led by Hugh Stafford Lord Bo●rchier , and wonne away his Standard , but was recovered againe by Iohn Bromeley of Bromeley , a Commander in the Lo●● Staffords Regiment , who with his own hand slew him that had taken the Colo●●●● and then taking them up , displayed the same ; with sight whereof , the English were so encouraged , that they presently ro●ted the Fre●ch , and put them to flight : which valiant exploit , the Lord Stafford recompenced , by giving to Bromeley an A●●●ity of fifty pounds a yeare out of his lands in Staffordshire . After this , the king marched towards Callice , so strictly observing his Proclamation against Church robbing● that when one was complained of for having taken a silver Pyxe ●ut of a Church , he not only caused the same to be restored , but the souldier also to be hanged : which point of Discipline , both ●ept the re●● from offending in that kinde , and drew the people of the Country , under hand to relieve his men with all things necessary . The French king hearing that king He●ry had passed the River of S●ame ; by advice of his Councell ( who yet were divided in opinion ) sent Montjoy the French king at Arms to defye king Henry , and to let him know he should be fought with ; which king Henr● , though his Army was much infected with Feavers , whereof the Earl of Stafford , the Bishop of Norwich , the Lords Molines and Burnell , were lately dead● yet he willingly heard , and rewarded the Herald for his me●●age : and first having cleered a passage over a bridge , where of necessity he was to passe , on the 22 of October he passed over with his Army : At which time the Duke of York that led the Rereward , had discovered the Enemy to come on ●pace , whereof he sent word to the king ; who thereupon made a stand , and appointing his Officers what course to hold , and encouraging his Souldiers , they all attended when the battell should begin . The French Army was divided into three battels ; in the first were placed eight thousand men at Arms , foure thousand Archers , and fifteen hundred Crosse-bowes , the wings consisting of two thousand two hundred men at Arms ; this battaile , was led by the Constable of France himselfe , the Dukes of Orleance and Bourbon , the Earles of Ewe , Richmond , and Va●dosme , the Lord Dempier , the Lord Admirall of France , the Marshall Bouciquale , and others . The middle Battaile , wherein were more men at Arms , was commanded by the Dukes of Barre , and Al●●so● , and by the Earles of V●●mon● , Salings , Blamont Grantpee , and Rusey . In the Rereward , we●e all the remainder of the French forces , guided by the Earles of M●rle , Dampmartin , Fauco●bridge , and the Lord Lo●rey , Captaine of Ardy . The Frenchmen thus ordered , being six times , some say ten times as many as the English , ( who were not above nine thousand ) thought of nothing , but of the booty they should get : In the meane time king Henry having made choice of a piece of grou●d halfe fen●ed on his back with the Village , wherein they had rested the night before , on both sides having strong hedges and ditches , begun there to order his battell ; but first he appointed an ambush of two hundred Archers , which upon a watch-word given , should discharge their whole flight upon the flanke of the Enemies horse : The Vauntguard consisting of Archers only , was conducted by the Duke of Yorke ; who out of an heroicke courage made su●e for that place , with whom were joyned the Lords Beaumont , Willoughby , and F●●hope . The maine Battaile was led by the king himselfe , which consisted of Bill-men , and some Bow-men ; with him were the Duke of Glocester his Brother , the Earle Marshall , Oxford , and Suff●lke . The Rereward was led by Thomas Duke of Exeter , the kings Uncle , consisting of all sorts of weapons ; the horsemen as wings guarded the companies on both sides . The king to prevent the fury of the French Cavallery , by the direction of the Duke of Yorke , appointed divers stakes studded with iron at both ends , of six foot long , to be pitched behinde the Archers , and appointed Pyoners to attend to remove them , as they should be directed : These things thus ordered , publique Prayers were humbly made , and the on-set was presently given by the French horsemen ; whereupon Sir Walter Orpington , according to direction , caused the Bow-men behind the ●●dges , to let flie their arrowes ; which so galled the French horses , that either they cast their Riders , or through their unrulinesse so opened their Ranks , that the right wing of the English horse had way to come in upon the French foot ; & withall , the French horse disorderly retiring , they were miserably troden down & disranked by their own company . Upon which , the King with his Main-battell came on with such 〈◊〉 , that himselfe in person charged the Duke of Ala●son , by whom he was well neere unhorsed ; but afterward , having first slaine two of the Dukes men , he ch●●ged the Duke againe , and with his sword beat him from his horse ; whom the Kings Guard , notwithstanding the King cryed out to the contrary , slew outright : and with his fall , the maine-battell of the French first gave ground , then turned their backs , and lastly cast away their weapons and fled . But then certaine of the French-horsemen that first ran away , led on by Robert Bondile and the Captain of Agincourt , meaning to wipe away the blot of running away from souldiers , by fighting with boyes , set upon the Pages and Laundresses that were left in the Campe ; who gave such a lamentable shreeke , that king Henry verily thought some fresh forces had been come : whereupon he caused all the arrowes that were sticking in the field , to be g●●hered , and the stakes to be plucked up , and made ready to be againe used ; amongst which the Duke of Yorks body was found , miserably hacked and defaced : the fight whereof , together with danger of a second Charge , made king Henry give o●der , the Prisoners should be all slaine , except onely some principall men , whom ●e caused to be bound back to back , and so left . For which fact , though done in cold blood , yet the King could not justly be taxed with cruelty , seeing the number of the prisoners was more than of his own souldiers ; and nothing could give assurance of safety , but their slaughter . But all was not yet done : for the Earles of Marle and F●●co●bridge , with sixe hundred men at Armes , who had stood still all day , began now to stir , and gave a brave Charge upon King Henries Army : but being but few , and their horses galled with the stakes , they had onely the honour to dye bravely ; and indeed , they slew more of the English , than the whole Army had done before . And now at last , the King being satisfied by the Scouts , that no Enemy was more to be seen , he asked what the place was called ? and being told , Agincourt ; Well then ( said he ) this shall be from henceforth called the Battell of Agincourt : and presently he c●●sed the whole Army , in their array as they were , to give God thankes ; causing the Clergie there present , to sing the Psalme of David , In exitu Israel de Aegypto ; and made Proclamation , that every one , at the verse , Non nobis Domine , sed nomini tu● d● gloriam , should kneele downe , and the horse-men bow their bodies : and then singing Te Deum and other holy Hymnes , they marched to the Enemies Camp , where the souldiers had liberty given them to take the spoyle . A great Victory no doubt , but yet a Victory by which the English gained not one foote of ground in France , more then they had before ; and which ●o●shelet attributeth not so much to the valour of the English , as to the indiscretion of the French , who had so streightned the vantguard of their Army , and pent them up so close together , that they had not roome to draw out their swords ; so true is that saying , Quos Deus vult perdere , dementat . The next day after the Battayle French He●●uld● came to aske leave to bury their dead , and had it ; and the English Hera●lds , appointed to make search , made returne that there were slayn of the French above ten thousand , whereof a hundred twenty six were of the Nobility bearing 〈◊〉 ; of Knights and Gentlemen of Coat-Armour , seven thousand eight hundred seventy foure , whereof five hundred were knigh●ed the night before the Battell : & of common souldiers , about sixteen hundred . Amongst the slain of the Nobility , were Charles le Brets High Constable , Iaques of Chatillon Admir 〈…〉 , the great Master of France , the Master of the Crossebowes , the Dukes o● ●●a●son , Bra●●●● , and Barre ; the Earles of Nevers , Marle , Vaudemont , Beaumont , Gra●●●ee , Rousey , F●uconbridge , F●ys , and Lestreuck : There was taken Prisoners , Charles Duke of Orleance , Iohn Duke of Bourbon , the Lords Danvert , Fosseux , Humiers , Roy , C●wn● , ●●●court , No●ll , Bonciqualt ; to the number in all of fifteen hundred . On the English part were slaine , Edward Duke of York , and the Earle of Suffolk , and not full six hundred in all ; but ( saith C●xt●n ) not above six and twenty in all ; and Paulu● Aemilius saith , besides the two Lords , onely two Knights , and but ten private souldiers in all : a Miracle rather then a Victory . But not onely K. Henry was the death of the French Lords before-named , in the field with his sword ; but of another great Prince , at home , with his Victory ; for Lewis the Dolphin , eldest sonne of Ch●rles the sixth , king of France , presently upon it , without any other cause apparent , fell sick and dyed . Yet king He●ry , to make his enemies the better contented with their overthrow , and to take away the envy of his Victory ; at his returne into England with his Prisoners , which was on the sixt of November following , he presently gave straight order , that no Ballad or Song should be made or sung , more then of Thanksgiving to God for his happy Victory and safe Returne ; but without words of either disgracing the Fre●ch , or extolling the English. At his entrance into London , the City presented him with a thousand pounds , and two Basons of Gold worth five hundred pounds more . The bodies of the Duke of Yorke and the Earle of Suffolke were brought into England , and the Dukes buried at Fodringhey in Northamptonshire , the Earles at New-Elm● in Oxfordshire . About this time , the Emperour Sigismond Cosin-german to king Henry , having been first in France , came accompanid with the Archbishop of Rhemes , Ambassador from the French king , into England ; for whom there were thirty great ships sent from the King to waft him over : but approaching to land at Dover , the Duke of Glocester , with a company of Gentlemen , having their swords drawn , s●ept up to the knees in water , saying to him , That if he came as the Kings friend , he should be welcome ; but if as claiming any jurisdiction , they would resist him : whereupon the Emperour renounceth all Imperiall Authority ; and is thereupon admitted to land , and received with as much honour as could be done him ; and afterward , together with Albert D●ke of Holland , who was lately likewise arrived at Winchester , is elected Companion of the Order of the Garter , and sa●e in their Cells at the solemnity of the Feast . A principall cause of the Emperors comming , was to mediate a Peace between England and France ; wherein he had brought king Henry to a good degree of inclination ; till newes came of the besieging of Harflew by the French , and of the Earle of Armi●iacks setting upon the Duke of Exceter , being Governour there : and then he presently grew so averse from Peace , that he would hearken no more to any Treaty of it ; Not that he misliked they should treat of Peace with their swords in their hands , as all wise men would doe ; but that to treat of Peace , and in the time of the Treaty to do● acts of Hostility , was an affront to all honesty , and not to be tolerated with any patience . And now the Earle of Arminiack having set downe before the Towne , the Vice-Admirall of France brought up the whole Navy of the French , with intent whilst the Earle should assaile it by land , to have entred the Towne by the waters side : but of this purpose , the valour and diligence of the Duke of Exce●er prevented them . A●●oone as king Henry had intelligence hereof , he would presently have gone himself ; but being disswaded by the Emperor , he sent his brother the Duke of Bedford , with the Earles of March , Oxford , Huntington , Warwick , Arundell , Salisbury , De●●●shire , and divers others , with two hundred Saile , to the rescue of Harflew ; who upon the Feast of the Assumption of our Lady , came to the mouth of the River Seyne : whereupon , Norbo● the French Admirall set forward , and got the mouth of the Haven : and here began a Fight , which was resolutely maintained on both sides , untill the English having sunke five hundred Vessels one and other of the French , and taken three great Carricks of Genoua , wonne the harbour , and at last , though with some opposition made by their Gallies , relieved Har●lew , and made the Earle of Arminiack glad to raise his Siege . Upon the news hereof , the Emperor desisted from mediating any further for Peace with France ; and entring into a League defensive and offensive with king Henry , wherein onely the Pope was excepted , on the 19 of October he departed towards Germany , whom king Henry accompanied to Callis ; whither the Duke of Burgundy came , to confirme the League concluded on before by the Earle of Warwick and him , concerning Flanders and Arthois only . In the meane time the French had hyred divers Carracks and other great ships of the Geno●aes and Italians , which joyning with the french-fleete , lay at the mouth of the River of Seyne , under the command of Iaques Bastard of Bourbon , to hinder all succors from comming to Har●lew ; but Iohn Earle of Huntington ( sonne to the Duke of Exeter beheaded at Cicester ) being sent to s●oure the coasts , encountred with him , and after a long fight tooke him Prisoner , and three of his great Carricks , with all the money for the halfe yeers pay of the fleete , and sinking three other of his Carricks , and dispersing the rest , cleered the mouth of the River and then returned to the king at Southampton . And now upon the twenty third of July , in the ●ourth yeere of his Reigne , the king himselfe , with the Dukes of Clarence and Gloucester , the Earles of Huntington , Warwick , Devo●shire , Salisbury , Suffolke and Somerset , the Lords Rosse , Willoughby , Fits-hugh , Clynton , Scroope , Matrevers , Bourch●er , Ferrers of Groby , Ferrers of Chartley , Fa●hope , Grey of Codnor , Sir Gilbert Vmphrevile , Sir Gylbert Talbot , and an Army consisting of twenty five thousand five hundred twenty eight fighting men , besides a thousand Artificers and Pyoners , tooke shipping at Portsmouth , and upon the first of August landed in Normandy neere to the Castle of Tonque , which hee presently besieged , and upon the ninth of August had it yeelded to him , at which time the Earle of Salisbury tooke the Castle of Albervilliers which the king gave him , to him and his heires , being the first land given by the king in France . At the winning of Tonque , the king made eight and twenty Knights ; and from thence marched with his Army to Caen ; where to prevent the Citizens from sallying out , he cast up a Mount ; and then making many assaults , but finding them to doe little good , he caused his Pyoners to undermine the walls : which being done , upon the fourth of September he offered the Besieged their lives , if they would submit : which they refusing , he thereupon made a shew of a generall assault , whilst many of his men entred the City under the foundation , of whom the Duke of Clarence with his Company was the first : and they comming upon the backs of those that defended the walls , easily overcame them ; and then the whole Army entred without resistance . The next day , the King caused all the principall men of the Towne to come before him at their Senate house ; where some of them , for their stubborne refusing the grace he had offered them , were adjudged to death , and the rest fined : the spoyl of the Town was distributed amongst the souldiers . The Captaine of the Castle stood out a while ; but being advertised that the king had sworne to shew no mercy , if he did not surrender ; he gave twelve Hostages , that if it were not relieved before the twentieth of September , he would then give it up ; which not comming , he performed : and so the king had possession both of C●en and the Castle . And now Charles the new Dolphin , being but seventeene yeeres of age and bare of money , had got into his possession all the jewels , plate and money of the Queen his mother ; which so incensed her against him , that to doe him a spight , she placed the Duke of Burgundy in chiefe authority about the king , who by reason of his infirmity was u●able himselfe to manage the State ; and the Duke having now the sword in his hands , meant first ●o represse the growing boldnesse of the Dolphyn , and afterward to repell the common Enemy : and the Dolphyn likewise , envying the Dukes advancement above him , meant first to take down his swelling greatnes , and afterward to fall upon the forreigne adversary ; and thus while private respects were preferred before publique , whilest the Duke and the Dolphyn had their first intentions against one another , not looking afte● king Henry , but in the second place , after their owne turnes served , an easie way was left for king Henries proceedings , and hee went on at his pleasure with small opposition . Hee sent the Duke of Clarence , who tooke in the City of Bayeux , as likewise the Duke of Glo●cester the City of Lyse●x ; whilst himselfe remayning still at Caen , put out of the city the natives that were impotent or yong infants to the number of fifteen hundred , & in their places put English people , and finding a great masse of money and plate , deposited by the Citizens in the Castle , ●e caused the same , upon proofe , to bee respectively delivered to the right owners● upon condition they would acknowledge him for their Soveraigne ; which moderate and just dealing wonne him more hearts then the force of his Armes had wonne him knees , specially with the Normans , who are easier to bee drawn with gentlenesse and love , then forced by violence and compulsion . From hence the king marched the first of October to Corfye Castle , which within three dayes yeelded . The fourth of October he came to Argenton , which not relieved by a day agreed upon , was likewise surrendred . The Towne of Al●nson endured eight daies siege , but in the end did as other their neighbour Townes had done . From Alanson the Earle of S●lisbury was sent to Faleys , to view the strength thereof , whom the king presently followed , where the besieged concluded , if it were not relieved before the second of January , then to yeelde up the Towne : No reliefe comming , the Towne was yeelded up , and soone after upon the like termes , the Castle . From hence the king returned to Caen , to put in execution a Proclamation he had formerly made ; That if the inhabitants of Normandy that were fled , returned not by a day assigned , hee would then grant their Lands to his souldiers : and thereupon he gave to the duke of Clarence during life , the Vicounties of A●ge , Or●er and Pon●i●● , with all the Lands of those that were not returned according to the Proclamation . All the Lent the king lay at Bayeux , whilest his Navy still kept the Seas , and daily tooke many French ships , but upon the sixteenth of July such a Tempest took them , that they were driven to fall in with Southampton ; and yet , with all their diligence , could not so save themselves , but that two Ballingers , and two great Carricks laden with merchandize , were in the very Haven drowned . In the meane time the Earle of VVarwick and the Lord Talbot besieged the strong Castle of D●mfront : The Duke of Cl●rence tooke Court●n and Burney ; and many other being taken , as Cha●bois , Bechelouyn , H●rcourt , Fantgernon , Cre●en●r , Anvyll●ers , B●gles , in all of them he placed Captaines and Garrisons , and particularly in Fres●y , Sir Robert Brent , lately made Viscount . The Duke of Glo●cester also , with the Earle of March , and the Lord of Codnor , tooke in all the Isle of Co●st●●ti●e , except Chereburg , and then returned to the king , but was sent back to take in that City also : which after some time , when no reliefe came , was , together with the Castle , likewise surrendred ; although by this time the Duke of Burg●●di● and the Dolphyn , by mediation of the Pope , were reconciled , and began to joyne thei● Forces to make resistance . And now the Duke of Exeter the kings Uncle , with a supply of fifteene thousand men out of England , came to the king , who presently took in the City of Eureux ; and the Earle of Ryme , the strong Cast●e of Mill●y le Vesco . The next thing attempted , was the siege of Ro●● , a Citie strongly fortified , both with walls and di●ches , and to which there was no convenient passage , but by the Citie of Lovie● ; to this Citie therefore he first layes ●iege , which when no reliefe came within a time agreed on , was surrendred ; and yet there was another impediment to be removed , a stone-bridge , which hindred the approach to Roan , being exceeding strongly guarded : For this , King Henry devised floats of wicke● , covered with be●sts hides , by which the Duke of Cl●rence with his quarter passed the River , ●nd then laid siege to the Towne on ●hat side ; and for the other side , he had other devises made with hogsheads and pipes , fastned to ●irrepoles and Barges , with which he passed his men over at pleasure ; and in the meane time he caused divers of his Souldiers that could swimme , to make shew of passing the River three miles off another way ; with which the French-men being deluded , drew all their forces thither , ●nd by this meanes the Fort being left unfurnished of sufficient guard , was presently forced to surrender , and the Souldiers were taken to the Kings grace ; The bridge being thus gained , the Duke of Exeter was sent , and with him Windsor the Herald , to summon the Citizens to surrender the Towne ; who not only gave proud answers , but also made a sallye forth , though with the losse of thirty of their men . Upon this obstinacie of theirs , the King presently orders his siege ; his own quarter was the Ch●rteux , the Duke of Clar●nce at St. Gervays , the Duke of Exeter at Port St. Dennis , and every great Commander had his quarter assigned , so as the Citie was begirt round , and a great chaine of iron set upon piles , and a strong wooden bridge for passage from one Campe to the other , was made over the River . At this time the Earle of Kilmayne with sixteen hundred Irish came to the King , and had their quarter assigned them , who behaved themselves with great valour : The Kings Cosen Germane the King of Portugall , sent likewise a Navie of Ships to the mouth of the River of Seyne , which stopped all passage of succour to Roan ; many policies and practices were used against the Citie , but none prevailed , till famine forced it ; for there being in Roan 210000 persons at the begining of the Siege , and the Siege continuing long , it grew to that extremity , that the Citizens dranke no thing but vinegar and water , and had little to eate , but Rats and Mice , Cats and dogs , and such like : Great numbers of the poorer sort were thrust out of the Citie , who not suffered to passe the English Army , miserably perished ; onely ●pon Christmas-day , in honor of Christs birth , the King relieved and suffered to passe as many as were at first put out , but not others that were put out the second time , but suffered them to perish . In this distresse , a Parley is required by the Citizens ; who notwithstanding their misery , yet stood upon such high termes , that nothing was concluded , only a truce for eight dayes was granted them ; the eight dayes ended , and nothing yet agreed upon amongst themselves , they crave one day longer , and neither in that day could any thing be agreed on ; then they crave four dayes more , in which the multitude and common people so pressed the Magistrates and Governours of the Citie , that on the fourth day , being about the nineteenth of Ianuary , the Citie was surrendred , and the Inhabitants themselves , and all their goods were yielded to the Kings mercy ; the Duke of Exeter was appointed to take possession , who accordingly entred with his Souldiers . The next day after , being Friday the twentieth of Ianuary , the King himselfe made his entry , with four Dukes , ten Earles , eight Bishops , sixteen Barons , and others , and was by the Clergie conducted to our Lady Church ; where after publique thanksgiving , he tooke Homage and fealty of the Burgesses and Inhabitants ; making Proclamation , that all that would come and acknowledge him to be their Soveraigne , should enjoy the benefit of his Protection , and retaine their possessions , whereupon many came in , and many Townes were surrendred . In this time of the Kings lying at Roan , the Earle of Salisbury tooke in Hunflew , Munster de Villiers , Ewe , and Newcastle ; the Duke of Clarence tooke Vernon , and Naunt ; and the Earle of Warwicke la Roche Guyon . And now the Duke of Burgundie seeing the great successes of King Henry , could thinke of no better way for his own safety , then to make a reconciliation betweene the two Kings ; to which end , Ambassadors are sent to procure their meeting ; at which time , King Henry for their service already performed , and in hope of more here●fter , made the valiant Gascoigne Captaine le Beuff , Earle of Longuevyle , Sir Iohn Gra● Earle of T●nkevyle , and the Lord Bo●rch●er Earle of E●● . Upon the l●st of M●y , King Henry accompanied with the Dukes of Clarence , Glocester , and Exeter , his Uncle Beaufort , the Bishop of Winchester , with the Earles of March , and Salisb●ry , and a thousand men at Armes , entred the place appointed for the meeting of the two Kings . The French Queene ( her Husband being taken with hi● 〈◊〉 ) with the Duke of Burg●igne , and the Earle of St. Paul , and a company of Ladies● amongst whom , as a bait to entangle the Kings affection , was the kings D●ughter , the beautifull Lady Katherine ; with whose sight , though the King was marvellously taken , yet he made no shew thereof , till other things should be agreed upon ; but the Dolphin having made means to the Duke of Burgoigne to hinder all agreement , nothing was effected ; whereupon at their parting , the King told the Duke , that he would have both the Lady , and all his other Demands , or else drive the King of France out of his kingdome , and him out of his Dukedome : Upon thi● , the Duke thought it best to agree with the Dolphin , and upon the sixth of Iuly , Articles of their reconcilement are signed and sealed ; In the meane time , the Ea●le of Long●●vyle surprized the Towne of Ponthoyse , but had scarce beene able to make good the surprize , if the Duke of Clarence had not co●e to his ●uc●●ur ; 〈◊〉 thence the Duke marched to Paris , and there stayed two dayes , but pe●ceivi●● no shew of sallye to be made , he returned to Ponth●yse , whither the King himselfe came ; and from thence marching on , tooke in the Castle of Vanyon Villeirs ; and on the last of August , the Castles of Gysors , and Galyard , and Dumall ; so that now all Normandy ( Mou●t St. Michael only excepted ) was reduced to the possession of the King of England , which had beene wrongfully detained from him , ever since the yeare 1207. The Dolphin all this while , though having outwardly made a reconcilement with the Duke of Burgoigne , yet inwardly bearing a spleene against him , intended nothing so much as his destruction ; which to e●●ect , he procured a meeting betweene the Duke and him , and all the Peers of the Realm at Mountstrew ; where the Duke though humbling himselfe in reverence to the Dolphin on his knee , was most barbarously murthered ; which act , was so much the lesse to be pitied in the Duke , by how much he in the like kinde , upon the like enterview , had caused Lewis the Duke of Orleance to be murthered . But though this barbarous act might justly incens● Philip Earle of Carolois the Duke of Burgoig●es heire to seeke revenge ; yet as a wise and and politicke Prince , he forbore for the present to make shew of choller or distemperature , and considering with himselfe , that difference betweene the Dolphin and him , would but give King He●ry the greater advantage , he endeavoured to propose an overture of peace betweene the two Kings ; And to that end Ambassadors are sent from the King of France , and the yong Duke of Burgoig●● , whom the King kindly entertained , but seemed to intimate unto them , that hee could give no great credit to their propositions , unlesse the Lady Katherine would joyne in them , whose innocence he knew would never abuse him . Whilest these things are in agitation , the Earle of Salisbury tooke in Fres●●y , and the Earls Marshall and Huntington entred into Mayn , who approaching Ments , were encountred by the forces of the Dolphin , whereof they slew five thousand , and tooke two hundred prisoners ; for which , newes being brought to Roan , whither King Henry was come to solemnize the Feast of Christs Birth , thanksgiving to God were publickly made ; and in the instant thereof , arrived other Ambassadors from the King and Queene of France , and a letter from the Lady Katherine to King Henry , was secretly by the Bishop of Arr●s delivered ; The conclusion of all was , that the king of England should speed himselfe to Troyes , there to be Espoused to the Lady Ka●herine , and to have assurance of the Crowne of France , after the decease of the present king Charles : Whereupon , with a Guard of fifteen thousand choice Souldiers , accompanied with the Duke of Clare●ce and Glocester , the Earls of Warwicke , Salisbury , Huntington , Lo●g●evile , Tankervile and Ewe ; the king of England came to Troyes in Champaign , upon the eighteenth day of May , where he was met by the Duke of Burgoign● , and divers of the French Nobility , who attended him to the Pallace , where the Queen with her Daughters , the Dutchesse of Burgoigne , and the Lady Katherine gave him Princely entertainment ; and after some intercourse of complement between the Princes and the Ladies , K. Henry tendred to the Lady Katherine a Ring of great value , which she ( not without some blushing ) received ; and afterward , upon the twentieth day of May , she was affianced to him in St. Peters Church , and on the third of Iune following , the marriage was solemnized ; and therewithall king Henry was published to be the only Regent of the Realme , and Heire apparent to the Crown of France ; the Articles whereof , with all convenient expedition were Proclaimed both in England and in France , and the two kings , and all their Nobles , and other Subjects of account , were sworne to observe them ; and in particular the Duke of Burgoigne . And thus was the Salique Law violated , and the heire Male put by his Sucession in the Crowne , which the Genius of France will not long endure , a while it must ; and therefore the maine endeavour of both kings now is , to keep him down , whom they had put downe ; and thereupon , on the fourth day of Iune , king Henry with the French king , Iames king of Scots , who was newly arrived , the Duke of Burgoig●e● the Prince of Orenge , one and twenty Earles , five and forty Barons , with many Knights and Gentlemen , and an Army consisting of French , English , Scotish , Irish , and Dutch , to the number of six hundred thousand , marched towards the Dolphin ; and upon the seventh day , laid siege to the Towne of Se●●s , which sided with the Dolphin , which after foure dayes siege was yielded up . From thence they removed , having the Duke of Bedford in their company , who was newly come out of E●gla●d , with large supplies of men and money to Monst●●●● , which was taken by Escalado , onely the Castle held out still ; during the siege whereof , king Henry cre●●ed an Officer of Armes , to be king of Heralds over the Englishmen , and intitled him Garter ; whom he sent with offers of mercy to the Castle , but was by the Captaine thereof reproachfully upbraided : for punishment of which his presumption , ● Gibbet was erected , and in view of Mounsieur Guitry the said Captaine , twelve of his friends were executed : whereupon those of the Castle treated for peace ; but the king , in eight dayes together , would not grant so much as a parley● so that after six weekes siege , they were enforced ( their lives saved ) simply to yield . From thence the king marched to Melun upon Sein , and besieged it the thirtieth of Iuly ; the Captaine whereof was Barbason a Gascoigne , no lesse politick than valiant , who countermined some , and stopt other Mines made by the English , and fo●ght hand to hand in the Barriers with king Henry ; yet at last , through Famine and Pestilence was forced to yeild ; but being suspected to have had a hand in the murther of the Duke of Burgoigne , he was sent prisoner to Paris ; and presently thereupon , both the kings with their Queens , the Duke of Burgoigne and his Dutchesse , with a Royall Traine came thither ; where the French king was lodged in the House of S. Paul , and the king of England in the Castle of Lo●vre . And here the three States of France anew under their hands and Seals in most a●thenticke manner Ratified the former Articles of king Henries Succession in the Crowne of France ; the Instruments whereof were delivered to the king of England , who sent them to be kept in his Treasury at Westminster . And now King Henry began to exercise his Regency , and as a badge of his Authority ; he caused a new Coyne which was called a Salute , to be made , whereon the Armes of France and England were quarterly stamped ; he placed and displaced divers Officers , and appointed the Duke of Exeter with five hundred men , to the Guard of Paris : He awarded out Processe against the Dolphin , to appeare at the Marble-Table at Paris , which he not obeying , Sentence was denounced against him , as guilty of the murther of the Duke of Burgoigne ; and by the sentence of the Parliament , he was banished the Realme . After this , the King making Thomas Duke of Clarence his Lievetenant Generall of Fra●ce and Normandy ; on the 6th of Ianuary , with his beloved Queen Katherine he left Pari● , and went to Amyens , and from thence to Calli● , and thence landing at Dover , came to Canterbury , and afterward through Lo●do● to Westminster ; where the Queene upon St. Matthews day , the fourth of Febru●ry was Crowned ; the King of Scots sitting at dinner in his State , but on the left hand of the Queen , the Archbishop of Ca●terbury , and the Kings Uncle the Bishop of Winchester being on the right hand , All were served with covered messes of silver , but all the Feast was Fish , in observation of the Lent season . After this , the king tooke his Progresse through the Land , hearing the complaints of his poore Subjects , and taking order for the administring of Justice to high and low ; and then met the Queen at Leicester , where they kept their Easter . In the meane time , the Duke of Clarence making a Road into A●jo● , came to the Citie of Ampers , where he knighted Sir William Rosse , Sir Henry G●d●ard , Sir Rowla●d Vyder , Sir Thomas Beauford his naturall Son ; and returning home laden with prey , was advertised that the Duke of Alanson intended to intercept his passage ; whereupon , he sent the Scout-master , Fogosa● Lombard , to discover the face of the Enemy ; who being corrupted , brought report that their number was but small , and those but ill ordered , that if he presently charged , there could be no resistance . The Dukes credulity caused him to draw all his horses together , and leaving his bowes and bill● behinde which were his chief●st strength , with his 〈◊〉 only he makes towards the Enemy ; but the Traitor leading to a straight , where by his appointment an ambush was layd , tha● the Duke could neither retreat , nor flee ; he soone perceived the Trea●chery , but finding no remedy , he manfully set sp●● to his horse , and charged upon the Enemy ; but over-layd with multitude , and wearied with fight , was himselfe , with the Earle of Ta●kervile , the Lord Rosse , the Ea●le of Angus , Sir Iohn 〈◊〉 , and Sir Iohn Vere●d , and above two thousand English slaine ; The Earls of S●●erset , Suffolke and Pearch , Sir Iohn Berkl●y , Sir Ralph Nevill , Sir Willi●● B●wes , and 60 Gentlemen were taken prisoners : The body of the Duke of Cl●rence , was by Sir Iohn Beauford his base Son , ( the D. dying without other issue ) convey'd to England , and buried at Canterbury besides his Father : and this disaster happened upon ●aster-Eve . The King was at Beverley when he heard of his brothers death , and presently thereupon , dispatched away Edmund Earle of M●rt●●gne into Nor●●●dy , making hi● Lievtenant thereof ; and then calls his high Court of Parliament to Westminster , requiring ayd by money to revenge his br●thers death , which was readily granted ; and the king thus provided , sent his brother the Duke of Bedford with an Army to C●lli● , consisting of foure thousand men at Arms , and foure and twenty thousand Archers , whom about the middle of May he followeth himselfe , and saf●ly a●riving at C●lli● , hasted to relieve Charters , which the Dolphin with seven thousand men had besieged ; but hearing of the kings comming , was retired to Tours . The king of Scots , with the Duke of Glocester , about the eighth of Iuly besieged Dreux ; which agreed , if it were not relieved by the twentieth of that moneth , then to surrender it ; no reliefe comming , it was surrendred . The king pursu●d the Dolphin from place to place , but could not overtake him , but in the way , surprized the Towne of B●wg●●cy , where all that craved it , he ●ooke to mercy , as likewise he did at Ro●gemo●t ; from thence he went to Orleance , and from thence to Vigne● St. To● , and from thence to Paris ; where having fitted himselfe with supplies , he went and sate downe before Menixe in Brye , which after some opposition , he also tooke ; and thereby had possession of all the Fortresses in the Isle of France , in 〈◊〉 , in ●rye , and in Champaigne . Upon St. Nicholas day , in the yeare 1422 , Queen Katherine was brought to bed of a Son at Windsor , who was by the Duke of Bedford , and Henry Bishop of Winchester , and the Countesse of Holland Christned by the name of Henry ; whereof , when the king had notice , out of a Propheticke rapture he sayd ; Good Lord , I Henry of Monmouth shall small time Reigne and much get , and Henry borne at Windsor , shall long time Reigne and lose all , but Gods will be done . About this time the Dolphin layd siege to Cosney , which the king was intentive to relieve , as being a Town of the Duke of Burgoignes ; and therefore tendredit more than if it had beene hi● owne ; and making over-hasty journeys , he over-heat himselfe with travell ; and comming to S●●lys , found himselfe so ill at ease , that he was forced to remaine there , and to send his brother the Duke of Bedford to prosecute his designe , which the Duke performed , and the Dolphin upon his approach , retired into Berry ; whereof , in mockage he was after called the king of Berry . But the kings Feaver and fl●● increasing , he was removed to Boys de Vincens ; where growing worse and worse , within a few dayes he dyed . But somewhat before his departure , he had made his Brother the Duke of Bedford Lievetenant Generall of Nor●●●dy , and Regent of the kingdome of France , and his Brother the Duke of Glocester , he had made Protector of England , and of his Sons Person : Exhorting all to be true and faithfull to the Duke of ●urgo●g●e , to be at unitie amongst themselves , to be loyall to their young Prince , to be serviceable to his dearly beloved Queene , to hold a●d preserve what he by his valour , and Gods assistance had wonne ; and never to conclude contract of amitie with the Dolphin , or Duke of Alanson , untill they had submitted themselves to the kings Grac● . And so giving God thanks for all his favors and blessings bestowed upon him , in the midst of saying a Psalme of David , he departed this life ; who might justly have prayed God with David , Take me ●ot away in the midst of my dayes , for he dyed about the age of five or six and thirty years , which in Davids account is the midst of the number of the dayes of mans life : but though he dyed in the midst of his dayes , yet he dyed in the fulnesse of his Glory ; and of whom it may he said , — Iamque arce potitus , Ridet anhel●●tes dur● ad fastig●● montis . When he had Reigned nine yeares and five moneths . Of his Taxations . IN his first yeere an incredible sum of money was given him by the Clergy , to di●ert him from a motion propounded to take away their Temporalties . And in the same yeere a Subsidie was granted him both by the Clergy and the Laity . In his fourth yeere was granted him , towards his warres in France , two whole Tenths of the Clergy , and a fifteenth of the Laity ; which being farre too short to defray his great charge , he was forced to pawne his Crowne to the Bishop of Beauford his Uncle for a great sum of money , as also certain Jewels to the Lord Major of London , for ten thousand markes . In his ninth yeere in a Parliament at We●●minster , for revenge of the Duke of Clarence death , two tenths of the Clergy , and one fifteenth by the Laity , which because the haste of the businesse could not stay the usuall course of collection , the Bishop of Winchester brought in presently twenty thousand pounds , to receive it againe when the Subsidie should be gathered . The same yeere also , the Duke of Bedford in the kings absence called a Parliament , wherein was granted towards his warres , one fifteenth to be paid in such money as was at that time current . These are all the Subsidies that were given him , notwithstanding his many and great atchievements , by which it appeares what great matters a moderate Prince may doe , and yet not grieve his subjects with Taxations . Of Lawes and Ordinances made by him , or in his ●ime . HE ordained the king of Heralds over the English , which is called G●rter . In his ninth yeare , in a Parliament holden at Westminster , It was ordained , that no man should offer Gold in payment , unlesse it were weight ; and thereupon were appointed ballances and weights . An act made in the thirteenth yeare of king Richard the Second , which disabled the Alien Religious to enjoy any B●nefices within England , was in the beginning of this kings Reigne put in execution : and further , this king excluded also the French from all preferments Ecclesiasticall ; and those Priors Aliens Conventuall , who had institution and induction , were bound to put in security , not to disclose or cause to be disclosed , the Counsell and secre●s of the Realme . Affaires of the Church in his ti●e . IN the beginning of his Reigne , the Wickliffs increased greatly , of whom Sir Iohn Oldcastle was a Chiefe ; who by mariage of a kinswoman of the Lord Cobham● of C●●ling in Kent , obtained that Title : This knight , being very valorous , and in great favour with the king , was in a Synod at London accused for maintaining of Wickliff● doctrine : whereof the king being informed , sent for him , and instantly dealt with him to submit himselfe to the censure of the Church : But Sir Iohn Oldcastle told the King , that he owed his subjection onely to his Majestie ; and as for others , he would stand for the truth against them , to the uttermost of his life . Upon this , he was served by Processe , to appeare in the Archbishops Court ; and not appea●ing , was condemned of Contumacy , and afterwards in a Synod at Rochester , was by the Archbishop pronounced to be an Heretick ; who then enacted that Decree , That the Holy Scriptures ought not to be translated into the English tongue : But marke the judgement that fell upon his owne tongue , who●e rootes and blade shortly after ( as is recorded ) grew so bigge in his mouth and throat , that he could neither speake , nor swallow downe meat , but in horrour lay languishing , till at last ●●●●ved by famine , he so dyed . In the meane time , Sir Iohn Oldcastle wrote his Beliefe , and presented it himselfe to the King ; which the King would in no wise receive , but suffered him , in his presence , and Privy chamber , to be summoned ; who appearing before the Archbishop , after divers examinations , he was condemned of Heresie , and committed to the Tower of London , from whence shortly after he escaped , and got into Wales . The king , by his Proclamation , promised a thousand Marks to any that should bring him in : but so much was his doctrine generally favoured , that the kings offer was not much regarded , but he continued foure yeares after undiscovered : At last he was taken in the borders of Wales , within a Lordship belonging to the Lord Powes , who brought him to London , before the Duke of Bedford Regent of the Realme ; where in the end he was condemned , and finally was drawn from the Tower to S. Giles field , and there hanged in a chaine by the middle , and after consumed with fire , the gallowes and all . At the time of his first conviction , foure yeares before , it was rumour'd , that twenty thousand men in armes were assembled in S. Giles field : whereupon , the king , at midnight , himselfe in person went thither , where he found many indeed , who upon examination confessed , that they came to meet their Captaine Sir Iohn Oldcastle , but without any intent against the king : yet was Sir Roger Acto● , and eight and twenty others of them apprehended , and executed in Smithfield ; and all the Prisons in and about London were filled with them . In his third yeare , the order of Church service throughout England , was changed from the use of Pauls to the use of S●lisbury , to the great disliking of many in those dayes . In his fourth yeare , a Councell was holden at Constance , whither he sent Ambassadors , the Earle of Warwick , the Bishops of Salisbury , Bath , and Hereford ; the Abbot of Westminster , and the Prior of Worcester : In which Councell it was decreed , that England should have the title of the English Nation , and should be accounted one of the five principall Nations in ranke before Spaine ; which often before had been moved , but never granted till then . And herein were all Wickliffs positions condemned : also Iohn Husse , and Hierome of Prague ( notwithstanding the Emperours safe-conduct ) were both of them burned . In this Councell , the Schisme of Anti-popes , which had continued the space of nine and twenty yeares , was reformed : ●e●edict the 13. had been elected by the Spaniard ; Gregory the 1● . by the French ; Iohn the 24. by the Italians : And now in this Councell , begun in February 1414 , and continued above three yea●es ; wherein were assembled , besides the Emperour , the Pope , and the Palsgrave of R●●ime , foure Patriarks , twenty seven Cardinals , seven and forty Archbishops , one hundred and threescore Bishop● , Princes and Barons with their attendants , above thirty thousand ; The foresaid elected Popes were all put down , or else resigned ; and in the place , as legitimate Pope , was elected Otho Lolo●na , by the name of Marti● the fifth . In this yeare also , fell out an Accident , which shews the strict observance of Ecclesiasticall censures in those dayes . The wives of the Lord Strange , and Sir Iohn Trussell of War●ington in Cheshire , striving for place at a Sermon in S. Dunst●●s Church in the East , their husbands being present , fell themselves to striving in their wives behalf● , and great part-taking there was on both sides , some slaine , and many wounded : The delinquents were committed to the Counter , the Church suspended , and upon examination , the Lord Strange being found guilty , was by the Archbishop of Canterbury adjudged to this Penance , which was accordingly performed : The Parson of S. Dunst●●s went before , after whom followed all the Lords servants in their shirts ; after them went the Lord himselfe , bare-headed , with a waxe taper in his hand ; then followed the Lady , bare-footed ; and then last came the Archdeacon Reynold R●●●ood : in which order they went from Pauls where the sentence was given , to S. Dunst●●s Church ; where at the rehallowing thereof , the Lady filled all the Vessels with water , and according to the sentence , offered to the Altaran ornament of the value of ten pounds ; and the Lord , a Pixe of silver , of five pounds A Penance , no doubt , which the Lord and the Lady would have redemed with a great deale of money , if the discipline of the Church had in those dayes allowed it : but it seemes , the commutation of Penance was not as yet come in use . In his ninth yeare , in a Parliament at Leicester , a hundred and ten Priories alient were suppressed , because they spoke ill of his Conquests in France ; and their possessions were given to the King : but by him , and King Henry the sixth , were afterward given to other Monasteries , and Colledges o● learned men . Works of Piety by him , or others in his time . THis King re-edified his Royall Manour , which was then called Sheene , now Richmond , and founded two Monasteries not farre from it ; the one of Carthusians , which he named Bethelem ; the other of Religious men and women of the Order of S. Bridget , which he named Syon : He also founded the Brotherhood of Saint Giles without Cripplegate in London . In the second yeare of his Reigne , Mooregate neere to Colemanstreet was first made , by Thomas Fawkener Major of London , who caused also the ditches of the City to be cleansed , and a common Privy that was on the Moore without the wall , to be taken downe , and another to be made within the City upon Wallbrooke , into the which brooke he caused the water of the City to be turned by grates of iron in divers places . In his sixth yeare , William of Sevenoak Major of London , founded in the Town of Sevenoak a Free schoole and thirteen Almshouses . This man was found at Sevenoak in Kent , anew-borne infant of unknown Parents , but by charitable people was Christned and brought up , bound prentise in London , and came at last to be Major of the City . Also Robert Chic●ely Major of London gave liberally to the Almshouses founded by his brother Henry Chiche●●y Archbishop of Canterbury , at Higham-Ferrers in Northamptonshire , where they were born . But Henry Chicheley the Archbishop founded two Colledges in Oxford ; one called Bernard Colledge , renewed by Sir Thomas White , and named S. Iohns Colledge ; the other called All-Soules , which continueth at this day as he left it . Also Iohn Kempe Archbishop of Canterbur● , converted the Parish-Church of Wye in Kent where he was borne , into a Colledge of Secular Priests . Casualties happening in his time . IN the fift yeere of his Reigne a great part of the City of Norwich was burnt , with all the house of the Friers Preachers , and two fryers of that Order . In his third yeere , on the feast of the Purification , seaven Dolphins came up the River of Th●mes , whereof foure were taken . Of his Wife and issue . HE married Catherine the daughter of king Charles the sixth of France , who was his Queene two yeeres and about three moneths , married at Troyes in Champaigne the third day of June 1420. and afterward February the foureteenth crowned at Westminster : Shee surviving king Henry , was re-married to Owen Teu●●● an Esquire of Wales , who pretended to be discended from Cadwallade● the antien● king of Wales , though some write him to be the sonne of a Brewer , whose meannesse of estate was recompensed by the delicacy of his personage ; so absolute in all the lineaments of his body , that the only contemplation of it might well make her forget all other circumstances ; by him she had three sonnes , Edmond , I●sper , and Owen , and a daughter that lived but a while . Her sonne Owen tooke the habit of Religion at Westminster , the other two were by king Henry the sixt ( their halfe brother ) advanced in honor : Edmond was created Earle of Richmond , and marrying the sole heyre of Iohn Beaufort Duke of Somerset , was Father , by her , unto Henry the s●aventh , king of England , the only heyre of the house of Lancaster . Iasper her second sonne was first created Earle of Pembroke , and after Duke of Bedford , but dyed without lawfull issue . This Queen● , either for devotion or her owne safety , ●oke into the Monastery of Bermo●dsey in Southwarke , who dying the second o● January 1436. she was buried in our Ladies Chappell within St. Peters Church at VVestminster , whose corps taken up in the Reigne of king Henry the s●aventh , her Grand-childe ( when he laid the foundation of that admirable structure ) and her Coffin placed by king Henry her husbands Tombe , hath ever since so remained , and never since re-buried , where it standeth ( the cover being loose ) to bee seene and handled of any that will. By her king Henry had only one son , named Henry , who succeeded him in the Kingdom . Of his Personage and Conditions . HE was tall of stature , leane of body , and his bones small but strongly made , somewhat long necked , black haired , and very beautifull of face , swift in runing , so as hee with two of his Lords , without bow or other engine , would take a wilde Buck or Doe in a large Parke : Hee delighted in songs and musicall Instruments , insomuch that in his Chappell amongst his private prayers , he used certaine Psalmes of D●vid , translated into English meeter by Iohn Lydgate Monke of Bury . And indeed it may be truly said of him as was said of Aenae●s : Quo justior alter ; Nec pi●tate fuit , nec bello major & ar●i● , for he seldom fought ba●●ell where he got not the victory , and never got victory whereof he gave not the glory to God , with publique Thanksgiving . He was a better man , a King then a Subject ; for till then he was not in his right Orbe , and therfore no mervaile if he were somthing exorbitant . He was of a mercifull disposition , but not to the prejudice of wisedom ; as thinking wise cruelty to be better then foolish pitty . He was no lesse politick then valian● , for he never fought battell , nor wonne Town , wherein hee prevailed not asmuch by stratagem as by force . He was so temperate in his dyet , and so free from vain-glory , that we may truly say , he had something in him of Caesar which Alexander the Gre●● had not , that he would not bee drunke ; and som●hing of Alexander the Great , which Caesar had not , that he would not be flattered . He was indeede a great affector of Glory , but not of glory the bl●st of mens mouthes , but of the Glory that fills the sailes of Time. He dyed of full yeeres , though not full of yeeres : if he had lived longer he might have gone over the same againe , but could not have gone further . If his love were great to Military men , it was not small to Clergy men , insomuch as by many he was called the Prince of Priests . Of his Death and Buriall . SOme say he was poysoned , which Polydore Virgill saith was much suspected : The Scots write that he died of the disease called St. Fi●cre , which is a Palsie and a Crampe : E●guerant saith that he died of St. Anthonies fire : But Peter Basset Esquire , who at the time of his death was his Chamberlaine , affirmeth that hee died of a Pleurisie , which at that time was a sicknesse strange and but little known . Being dead his body was embalmed and closed in lead ; and laid in a Chariot-Royall richly apparelled in cloath of Gold , was conveyed from Boys de Vin●●n●es to Paris , and so to Roa● , to A●bevyle , to C●llys , to D●ver , and from thence through London to Westminster , where it was interred next beneath King Edward the Confessor ; upon whose Tombe Queene Katherine caused a Royall picture to be layed , covered all over with silver plate gilt , but the head thereof altogether of massie silver ; all which at that Abbies suppression were sacrilegiously broken off and transferred to p●ophaner uses . Hee dyed the last day of August , in the yeere one thousand foure hundred twenty two , when he had reigned nine yeeres and five Moneths , lived eight and thirty yeeres . Of men of Note in his time . MEN of valour in his time were so frequent , that we may know it to be a true saying , Regis ad exemplu● ; and men of learning likewise in such numbers , that we may know the Prince to have been their Patron . First Alayn de Lyn , a Carmelite Frier in that Towne , who wrote many Treatises ; Then Thomas Otterborne a Franciscan frier who wrote an History of England ; Then Iohn Seguerd , who kept a Schoole in Norwich , and wrote sundry Treatises , reproving as well the Monkes and Priests as Poets for writing of filthy verses . Robert Ros● a Carmelite frier in Norwich ; who writing many Treatises , yet said nothing against the Wickle●ists . Richard C●yster borne ●o Nofolke , a man of great holinesse of life , favoring ( though secretly ) the doctrine of VVickliff● ; William Wallis a Black frier in Li● , who made a booke of Moralizations upon Ovids Metamorphosis● William Taylor a Priest and a Master of Art in Oxford , a stedfast follower of Wickliffes doctrine , and burnt for the same at Smithfield in London the last yeere of this ●ings reigne . Bartholomew Florarius , called so of a Treatise which he wrote called Florarium , who writ also another Treatise of Abstinence , wherein he reproveth the corrupt manners of the Clergie , and the p●ofession of the Friers Men●icants . Als● Titus Livi●● de Fo●● L●vis●is an It●lian born● , but seeing he ●as r●siant here , and w●ote the life of this King , it is not unfit to make mention of him in this place : also many others . THE REIGNE OF KING HENRY THE SIXTH . THere had beene a Race of Princes , of which for three generations together , it might be rightly sayd ; Pulcherrima proles ; Magnanimi Heroes nati melioribus Annis . For King Edward the Third had many Sons , not inferior in valour to the many Sons of King Pri●●●s , not excepting his valiant Son Hector , having so equall a match for him , as Edward the blacke Prince , who wanted but an Homer , to have been an Achilles . Then Iohn of G●un● likewise had divers Sons , men as valorous as any that Age afforded . Then Henry the Fourth had foure Sons , o● so heroicall disposition all , that you might know them all to be his Sons , only King He●ry the Fifth to be his eldest . And now that in him the heroicall nature was come to the height , it degenerated againe in King Henry the Sixth , which must needs be attributed to the mothers side ; who though in her selfe she were a Princesse of a noble spirit , yet being the issue of a crazie father , what marvell , if she proved the mother of a crazie issue ! and yet even this issue of hers , a Prince no doubt , of excellent parts in their kinde , though not of parts kindly for a Princ● ; in a private man praise-worthy enough , but the sword of a King required a harder mettall than the soft temper of King Henry the sixth was made of : and in him we may see the fulfilling of the Text ; Vae genti cujus Rex est puer ; Woe to that Nation whose King is a Childe ; for he was not above eight moneths old , when he succeeded his father in the Kingdome ; although that Text perhaps is not meant so much of a child in years , for which there may be helps by good Protectors ; as of a childe in abilities of ruling , whereof , though possibly there may , yet probably there can be no sufficient supply , of which , in this King we have a pregnant example ; for as long as he continued a childe in yeares , so long his Kingdomes were kept flourishing by the Providence of his carefull Uncles ; but assoone as he left being a Childe in years , and yet continued a childe in ability of Ruling , then presently began all things I● pejus ruere , & retro sublapsa referri , all things went to wracke both in France and England . And thus much was necessary to be sayd by way of a Preface to that great fall as it were of Nilus , in King Henry the Sixth . Henry called of Windsor , because borne there , the only childe of King Henry the Fifth , as yet scarce nine moneths old , succeeded his Father , and was Proclaimed King of England on the last of August , in the yeare 1422 ; by reason of whose infancie , King Henry his Father had before by his Will appointed , and now the Lords by their consent confirmed , the Regency of France to Iohn Duke of Bedford , the Government of England , to Humphry Duke of Glocester , the Guard of his Person to Thomas Duke of Exeter , and H●nry Beauford Bishop of Winchester , and Lord Chancellor , wherein it was wisely provided that one man should not rule all , lest it should prove a spurre to aspiring ; and withall stay them from envying one another , when many were alike placed in the highest forme of authori●y : and indeed they all carried themselves so uprightly and carefully in their places , that it well appeared the trust reposed in them by the dying King , had made a strong impression of love and loyalty towards his Son. The Duke of Bedford Regent of France , was to keepe that by the sword , which King Henry the Fifth by his sword had gotten , wherein he had many and great assistants , specially the two terrours of France , Thomas Montacute Earle of Salisbury , and Iohn Lord Talbot ; and amongst the French themselves , the Duke of Burgoigne , a friend no lesse powerfull , than firme unto him . The Dolphin also ( now crowned king at Poytiers , and called Charles the seventh of France , his father being newly dead , within little more than a moneth after king Henry ) had likewise great assistants , the Duke of Alanson , and many other Peers of France , and of the Sco●s many , and some perhaps of the English that tooke part with him ; by meanes whereof , the game of Fortune was a long time played betweene them with great variety . The first act of the Duke of Bedfords Regency , was an Oration which he made to the French in Paris , which wrought this good effect ; that king Henry is Proclaimed king of England and of France , and such French Lords as were present did their Homages , and tooke their oathes to be true unto him . The first act of hostility was performed by the new king of France , who sends the Lord Granvile to Pont Meulan , who surprized it , putting all the English Souldiers to the sword ; but the Regent sending thither Thomas Montacute Earle of Salisbury , so strongly beleaguered it , that the Lord Granvile not only surrendred it , but swore allegiance ( though he kept it not ) to the king of England , From thence the Earle marched to Seyne , which hee tooke by assault , and put all the Souldiers ( except the Captain Sir William Maryn ) to the sword . At this time the Regent , the Duke of Burgoigne , Iohn Duke of Brittaine , and his brother in law the Earle of R●chmond , ( who revolted afterward to the new king of France , and was by him made Constable of France ) met at Amyens ; and there not only renewed the old League , but further enlarged it ; to be offensive and defensive respectively : and to make the friendship the more firme , the Regent married Anne the Sister of the Duke of Burgoigne at Troys . In this meane time the Parisians taking advantage of the Regents absence , conspired to have let in the new king into Paris ; but the day before the night appointed for his admission , the Regent with his power entred , apprehended the Conspirators , and put them to publicke execution . That done , he furnished all the Forts and places of strength with Englishmen , and sent Sir Iohn Falstaffe , who tooke in Pacye , and Coursay , two strong Castles ; whil'st himselfe with his forces tooke in Tray●els , and Br●y upon Seyne . The Constable of France the meane while with the new kings forces , layd siege to Cravant in Burgoigne ; but the Regent sent thither the Earle of Salisbury , who set upon the French , and after a long fight , putting them to flight , slew about 1800 knights and gentlemen of note● and three thousand common Souldiers , Scots , and French , tooke prisoners the Constable himselfe , the Earle of Ventadour , Sir Alex●●der Alerdyn , Sir Lewis Ferignye , and two and twenty hundred Gentlemen . Of the English part , were slaine Sir Iohn Gray , Sir William Hall , Sir Gilbert Halsall , Richard ●p Maddocke , and one and twenty hundred Souldiers . From thence the E●rle led his forces to Montaguillon , and sate downe before it , which after five moneths Siege he took , whil'st the Duke of Suffolke took in the two strong Castles of Cowcye , and le Roche . Whil'st these things are done in France ; in England the Protectour Ransomed and inlarged the young king of Scots , Iames the first ; ( who by the space of eighteene yeares had been kept a Prisoner ) which he did out of opinion , th●t he might withdraw the Scots out of France , taking Hom●ge and fealty of him for the Crown of Scotland , in these words ; I●ames ●ames S●eward , King of Scot● , shall be true and faithfull to you Lord Henry , King of England and France , the Superiour Lord of Scotland● and to you I make my fidelitie for the sayd Kingdome , which I hold and claime of you , and shall do you service for the same , so God me helpe , and these holy Evangelists ; and therewithall , with consent of all the Nobility , the Protector gave him to Wife , Iane Daughter to the deceased Duke of Somerset , and Cosen Germane to the King , with a large Dowry , and married them at St. Mary-Overys in Southwarke ; yet all this curtesie could not keep him afterward from being unfaithfull , and unthankfull . And now the Protector sent over to the Regent ten thousand wel furnished Souldiers , with which fresh succour he wonne many Townes and places of strength ; which the French seeing , and finding themselves too weak by plaine force to withstand the English , they sought by subtilty to compasse their ends ; and first , they worke upon the inconstancie of the Duke of Brittaine , and his brother Arthur , by King Henry the fifth created Earle of Yewry , whom by gifts and promises they suborned , perfidiously to deliver over into their possession , the Castles of Crotoye , and Yerney ; but the English before the French Garrisons were setled , fell upon Crotoye and recovered it ; and that done , the Regent besieged Yerney , and by secret mining , and violent Batteries so shooke the Walls , that they agreed to yeild it up , if not relieved by a certaine time : whereupon the Duke of Ala●son , with sixteene thousand French came to the rescue , but perceiving the English to be prepared to receive them , he wheeled about to Ver●oyle , and swore to the Townsmen that hee had put the Regent to flight , and rescued Yerney ; which they believing , rendr●d up Vernoyle to him : but the Regent followed him thither , when by the encouragement of some fresh Companies of Scots come to his succour , he came to a battell in the field , where the English , with the losse of two thousand one hundred common Souldiers , and two of the Nobility , the Lord Dudley , and the Lord Charleton ; got the honor of the day , and slew of their enemies , five Earles , two Viscounts , twenty Barons , and above seven thousand other of the French , besides two thousand seven hundred Scots lately arrived , and tooke Prisoners the Duke of Alanson himselfe , the Lord of Her●ys , and divers other French , and Sir Iohn Tour●●ull , and two hundred Gentlemen , besides common Souldiers . This battell was fought the eight and twentieth day of August , in the yeare 14●4 , and thereupon Vernoyle was presently redelivered . After this , the Earle of Salisbury with ten thousand men , taketh in the strong Towne of M●●●ts , the Towne of St. Susan , the Fort S● . Bernard , and others ; from thence he went to A●jou , where he performed such heroicke Acts , that his very name grew terrible in all France ; as for instance , the new High-Constable perfidious Richmond , with forty thousand men layd Siege to the good Town of St. Iames in Benyo● , the Garrison whereof consisted but of six hundred English , who being driven to some extremity , sallied forth , crying Sa●nt George , a Salisbury ; which word of Salisbury so frighted the French , thinking hee had been come to rescue them , that casting away their weapons , they ran all away , saving some few that yielded themselves prisoners , leaving all their Tents , fourteen Peeces of Ordnance , forty Barrels of Powder , three hundred Pipes of Wine , much Armour , and some treasure behinde them . After which , other Castles , as that of Beam●●t , of Vicount , Tenney , Gilly , Osce , Rusey , Vasicke , and many more were taken in by Sir Iohn Mon●gomery , and Sir Iohn Falstaffe ; so as once againe the French are glad to betake themselves to their old course of fraud ; they compounded with a Gascoigne Captaine for delivery of Al●●son to them ; whereof the Regent having notice , he sent the Lord Willoughby , and Sir Iohn Falstaffe to prevent it , who encountering with Charles de Villiers , that with two hundred horse , and three hundred foot , was come to the place appointed for entry , tooke and slew them all , except some few horse , which saved themselves by flying . After which , the Earle of Salisbury tooke in and demolished above forty Castles and strong Piles , for which there was publique thanksgiving to God in London . Whil'st these things were done in France , an unkinde variance fell out betweene the Protector , and his brother the Bishop of Winchester , Lord Chancellor : for appeasing whereof , the Regent having substituted the Earle of Warwick Lievtenant Generall in his absence , came into England , where in a Parliament he compounded all differences between them : in honour whereof , king Henry kept a solemne feast ; at which time the Regent dubbed the King knight , not yet above foure yeares old ; and then the King presently invested with that dignity many of his servants : and Edmund Mortimer the last Earle of March , at this time dying , his Inheritance descended to Richard Plantagenet sonne and heire to Richard Earle of Cambridge beheaded at Southampton , who was now created Duke of York , & was afterward father to king Edward the fou●h : and at this time also , Iohn Mowbray sonne and heire to Thomas Mowbray Duke of Norfolk , banished before by king Richard the second , was restored to the Title of Duke of Norfolk . And now , all things peaceably setled in England , the Regent , with the Bishop of Winchester , returned into France ; where , at the intercession of the Duke of Burgoigne , the Duke of Alanson was ransomed , for two hundred thousand Crownes : and the Bishop of Winchester returned to Callice , where he was invested with the dignity and Hat of a Cardinall , which his brother the Regent put upon his head . About this time , the Duke of Glocester , Protector , tooke some blemish in his honour , by marying another mans wife , I●queline Countesse of Haynoult , Holland and Zealand , who was maried before to Iohn Duke of Brabant yet living , and had lived with him ten moneths as his lawfull wife , but at that time upon some discontent gone from him , intending to be divorced : at which injury offered to the Duke of Braba●t , the Duke of Burgoigne , being his Cosin , tooke so great offence , that first by friendly letters he admonished the Duke of Glocester of it , and that not prevailing , they grew to termes of challenge , and a Combat between them was appointed ; but in the meane time , the Lady betrayed , was caried to the Duke of Burgoigne , who conveyed her to Gaunt ; from whence , by friendship of a Burgonian knight , in mans apparell she escaped into Holland , and there made a defensive warre against her husband the Duke of Brabant , and the Duke of Burgoigne . To her ayd , the Duke of Glocester sent the Lord Fitzwater , with a Power of a thousand men : but she being discomfited by the Duke of Brabant , and the Pope also pronouncing the first mariage legall , the Duke of Glocester deserted her , and then tooke for a second wife Eleanor daughter of the Lord Cobham of Sterborough , his old mistresse : and the Lady Iaqueline , after the death of Iohn Duke of Brabant , maried a meane Gentleman ; whom the Duke of Burgoigne imprisoned , and brought herselfe to live in much trouble . And now in France , the Constable with forty thousand men besieged the Town of S. Iames de Benuron ; and having made a breach fit for assault , whilst his Captaines stood streining of courtesie , which of them should first enter , Sir Nicolas Burdet with all his forces sallied forth , crying aloud , A Salisbury , a Suffolk ; whose names struck such a terrour into the besiegers , that they stood like men amazed , of whom six hundred were slaine , two hundred drowned in the ditches , fifty taken prisoners , with eighteen Standards , and the Constable was glad to quit the place , and give over the Siege . At the same time also , the Earle of Warwick and the L. Scales , with seven thousand besieged Ponterson many weekes together ; but Pov●sion waxing scant , the Lord Scales with three thousand men went a forraging into the Enemies Country ; and in his returne with plenty of provision , was encountred with six thousand French , of whom he slew many hundreds , tooke above a thousand prisoners , and then returned safe into the Campe. About this time also , Sir Iohn Falstaffe besieged the strong Towne of Gravile , which after twelve dayes , offered to render it selfe by a day , if it were not relieved . The offer was taken , and Pledges delivered : but before the day came , they within ●he Towne had victualled and manned the place , and thereupon neglecting their Pledges , refused to render the Castle according to agreement : whereupon the Pledges were brought before the sight of them within the Castle , and there openly put to death . And now a conspiracy of the Clergie and Magistrates in Maunts so prevailed , that the Marshals of France with five hundred men , about midnight came to the Town-walls ; where the Guard of the English , by those that seemed their friends , were suddenly massac●ed , and setting open the Gates , made way for the Enemy to enter : whereupon , the Alarum given , the Earle of Suffolk with the surviving English withdrew to the Castle , wherein they were sharply assayled by the French , who yet had more minde to ransack houses , and to make good cheere : whereof the Lord T●lbot having intelligence by Captaine Goffe , whom he had sent to discover the state of the French , he secretly gave notice to the Earle of Suffolk , who thereupon sallied forth of the Castle at a time when the Lord T●lbot was ready with his Troopes , and on both sides crying , St. George , a T●lbot , they fell upon the carelesse French , who lost foure hundred of their best men , the rest were all taken , the Town re-gained , and the Conspiratours , thirty Citizens , twenty Priests , and fifteen Friers , condemned and put to execution . Whilst these things went on prosperously in France , a great disaster fell out in England ; for the right Noble Thomas Beauford ( sonne of Iohn of G●u●t , and Katherine Swi●ford ) Duke of Exeter , and Guardian of the King , makes king Henry his heire , and at East-Greenwich in Kent ended his life ; whose place was presently supplyed by the Earle of Warwick , and the Earles place in France , by the Earle of Salisbury ; who thereupon with five thousand men came to Orlea●ce , and besieged the City , and won from the French the great fort . But here happened another great disaster : for from an high tower in this fort , the Besiegers observed the passages of the Townsmen ; when the Noble Earle of Salisbury , intending to informe himselfe of the state of the Towne , unfortunately looking out at a window of the fort , with Sir Th●●●● G●rgrave ; a great shot from the Town striking the barres of the window , the splinters thereof were driven into his head and face ; of which wounds , within eight dayes he died . This was now a second weakning to the English party : but in his place the Earle of Suffolk succeeded ; to whom the Regent sendeth Sir Iohn Fals●●●●● with fresh supplies , whom the Lord de la Brets , nine thousand strong , endeavours to intercept : but Sir Iohn resolving to abide the charge , placeth his cariages behind , the horse next , and the foot before , lining his bowes with bill-men , and pitching stakes behind the Archers , who having discharged their first volley , retired behind the stakes : on which the French , forgetting their former defeats by that course , ran and goared their horses ; by which their Vaward being disordered , the Battaile made a stand : which Sir Iohn perceiving , cryeth out , St. George ! They●●ie ! at which words they fled indeed , and lost two thousand five hundred of their men , with the Lords de la Brets , and William Steward ; eleven hundred were taken Prisoners : with whom , and a rich booty , they came to the Campe before Orleance . Hereof the besieged having notice , they offered to submit themselves to the Duke of Burg●igne , who was contented to receive them , so as the Regent would consent : But the Regent consented not ; and therefore in the meane time , the besieged made meanes to the Duke of Al●●so● , who furnished the Towne with fresh Forces and Provision ; which put such spirits into the Citizens , that they made a sally out , slew six hundred English , and adventured upon the Bastile , where the Lord T●lbot commanded , who repelled them with great slaughter of their men ; but yet the next day the Earle of Suffolk gave over his siege , and dispersed his Army into their Garrisons . And now the wheele of Fortune began to turn to the French against the English , which once set a going , was not easie to be stayed . And first , the Duke of Al●●so● tooke by assault the Towne of Iargeux , and in it the Earle of Suffolk and one of his brothers , and slew Sir Alexander Pole another of his brothers , and many other Prisoners in cold blood , by reason of a contention amongst the French , to whom the Prisoners should belong . Presently upon this , ●nother great blow was given the English : for the Lords Talbot , Scale● , and Hungerford , going to fo●tifie the Town of S. Meu● , were encountred by the said Duke of Al●●son , and Arthur of Britaine , with three and twenty thousand men : with whom the English Lords interchanged some blowes ; but oppressed with multitude , were all three taken prisoners , all sore wounded , twelve hundred of their company slaine , and the rest hardly escaping to Me●● , where they fortified themselves the best they could against future assaults . These were great blowes given to the English fortune in France ; Salisbury slaine , and now Talbot taken prisoner : which though they made her a little to totter , yet there must be greater blowes given before she will fall . And indeed , these disasters were seconded by the perfidous surrender of many Townes and strong Holds to the French king ; who now encouraged by these successes , marcheth into Champaigne , where by composition he tooke Troyes the chiefe City of that Province ; Chalto●s rebelleth , and enforceth their Captaine to yield it up : by whose example the Citizens of Rhemes doe the like , where the French king is anew Proclaimed , and with accustomed ceremonies Anointed and Crowned ; whereupon many Townes submit themselves to him , and revolt from the English. Upon this , the Duke of Bedford ( to make the French know , that all the English strength consisted not in onely Salisbury and Talbot ) with ten thousand English , besides Normans , marched out of Pa●is , and sent letters of defiance to the French king , affirming , that deceitfully and by unjust meanes he had stolne many Cities and places of importance belonging to the Crown of England ; which he was come to justifie by battell , if he would appoint a time and place . To which the King of France making a slight answer , the Regent marcheth apace towards him , and as fast the King of France marcheth away : The Regent followed him , but could not overtake him , till he came neere Se●lys : there both the Armies encamped and embattelled , yet only some light skirmishes p●●●ed between them ; and a night or two after , the French king fled with his Army to Br●y : which the Duke thinking to be but a plot to draw him further off from Paris , of whose fidelity he had no great assurance , followed him no further , but returned thither . At which time , the Regents brother the Cardinall , having prepared forces to assist Pope Martin in Bohemia , the Regent borrowed them of him for a present expedition , and with them marched into Champaigne , where he found the French king encamped upon the Mount Pihall ; whose number being twice as many as the Regents , yet by no provocations could he be drawn to battell , but secretly fled to Crispis ; whereupon the Regent also returned to Paris . Whil●st these things are done in France , In England , upon St. Leonards day the 6. of November 1429 , King Henry not yet eight yeers old , was with great solemnity Crowned at Westminster : at whose Coronation were made six and thirty Knights of the Bathe , and after the solemnity , a feast ; and if any man desire to know so much Cookery , hee may read in Fabian , all the dishes of meate that were served at that feast . About this time , in France , a strange Impostor ariseth ; a maid called la Pucelle , taking upon her to be sent from God , for the good of France , and to expell the English : and some good indeed she did ; for by her subtle working , the King was received into Champaigne , and many Townes were rendred to him ; whil'st the Lord L●nguevile tooke by surprize the Castle of Aumarle , and slew all the English that were in it . But all these were but petty acquests to the king of France : there is a knot of friendship between the Dukes of Bedford and Burgoigne , which must be broken , or he will never be able to compasse his designes . He therefore labours by all meanes possible to disunite them ; wherein he so little prevailed , that the Duke of Burg●ig●e acquaints the Regent with all the practises ; who thereupon , with many thanks , exhorteth him to continue fi●me , of which he should never have cause to repent him : And because Normandy was a principall part of the English strength in France , he goeth thither , and by many reasons perswades them , as their Ancestors had alwayes been , to be faithfull to the Crown of England . In this time of the Regents absence from Paris , the King of France drew all his forces thither , using all meanes possible , by Escalado , Battery , and burning the gates , to enter the City ; but was so withstood by the vigilancy of the Citizens , that he was glad to sound Retreat , leaving his slaine and maimed souldiers behind him , all but the Pucelle , who being hurt in the legge , and almost stifled with myre in the ditch , was by a servant of the Duke of Alanson drawne up , and conveyed after the King to Berry , who by the way received the submission of the Inhabitants of L●ig●ye . Some other services were performed on both sides , by the Duke of Suffolk and Sir Thomas Kyriell , for the English ; by the Bastard of Orleance and Sir Stephe● le Hye , for the French ; but of no great importance : till at last , the Pucelle ( who a little before had caused an English Captaines head to be cut off , because he would not humble himselfe to her upon his knee ) was by Sir Iohn of Lu●zemburgh taken , and presented to the Duke of Burgoigne , who sent her to the Regent , and he to the Bishop of the Diocesse , who judicially proceeding against her as a Sorceresse , and deceiver of the King and his subjects , she was ( after many delayes of promise to discover secret practises , and lastly of her feigning to bee with childe ) publickly burnt at Roan . And now , the Regent finding how much the Crowning of the French king had furthered his designes , he made account the like effect would follow the Crowning of King Henry in France : whereupon he is sent for to come over ; and comming to Paris , was , by his Uncle the Bishop of Winchester and Cardinall of Eusebius , not yet above nine yeares old , with all usuall ceremonies Crowned King of France , receiving the oaths of Homage and Fealty of all the French Nobility that were present , and of all the Inhabitants of Paris , and of the places adjacent . Upon this , Pope Eugenius laboured a Reconcilement between the two Kings , but could effect nothing , but onely a Truce for six yeeres : which agreed upon , King Henry re●urn● into England , and landeth at Dover , the eleventh of February . But the six-yeares● Truce was scarce openly Proclaimed , when the French had cunningly possessed themselves of divers Castles and places of strength , justifying their actions , affirming● That what was politickly obtained without blowes , was no infringement of the Truce : and afterwards they perfidiously conveyed two hundred men into the Castle of Roan , with intent to have surprized it ; but being discovered , they were all taken , and either ransomed , or put to execution . Upon this , the Regent ( whose wife , the Sister of the Duke of Burgoig●e , being lately dead , and he maried againe to Iaquelin● the Earle of S. Pauls daughter , with whom he went over into England ) returned againe to Paris ; to whom the Lord Talbot , having now paid his ransome , commeth , bringing with him seven hundred tryed souldiers ; and with them the Regent takes the field , where the French Army lay ; but the French slun● away in the dark , as not daring to abide the hazard of a battell . About this time , the Duke of Bourbon , taken at the battell of Agincourt , after eighteen yeares imprisonment , paying eighteen thousand pounds for his Ransome , the same day he was enlarged , dyed at London . And now a very great effect was produced out of a very small cause : There had been sparks of unkindnesse between the two great Dukes of Bedford and Burgoig●● , which brake out into a flame upon this occasion : A time and place was appointed , where they should meet to compound some differences that were between them ; The place agreed upon , was St. Omers , a Town in Burgoigne : When the time came , they stood upon this nice point , Which of them should first come to the place ; as thinking that he which did so , should thereby acknowledge himselfe to be the meaner person . The Duke of Bedford thought he had no reason to doe it , seeing he was Regent of France , and therefore superiour to any subject in the Kingdome : And the Duke of Burgoigne thought he had no reason to doe it , seeing it was to be done in his own Dominions , where he was himselfe the Soveraigne Lord. Upon this nice point they parted without meeting ; and the unkindnesse grew afterward to so great hatred , that the Duke of Burgoigne chose rather to be friends with him th●t had murthered his father , than ever to have any more commerce with the Duke of Bedford . Thus was one great branch of assistance lopt off from the English , which had been a great meanes before to make it flourish : and it was not so much , that the assista●ce was taken from the English , as that it was added to the French ; for after this , the Duke of Burgoig●e brought more assistance to the new king of France , than ever he had done before to the King of England . By which we may see , when the Divine Providence hath a worke to effect , what slight occasions it oftentimes takes to effect the worke . Great blowes had been given before in France , to the English fortune by the enemie , but now a blow was given to it by Destiny , which made the Enemyes blowes the more incurable ; for now the wise , valiant , faithfull Regent of France , Duke of ●●●ford , Anjou , and Alans●n , Earle of Mayne , Harcourt , Drieux , Richmond , and Carlile , and Viscount Be●mont ; upon the fourteenth of September 1435 , ended his life at P●ris , which was in a manner the ending the life of the English fortune in France : all former blowes had beene upon inferior members , but this was a blow upon the head , and therefore mortall , and indeed the English fortune in France , never 〈◊〉 li●●ed up its head , but very weakely . He was buried in our Ladies Church at 〈◊〉 , whereat the Nobility of Normandy much repined , who would have had thei● owne Territory honored with his Sepulchre : yet see the levity of these men , who a few years after , in the Reigne of Lewis the Son of Charles , would have had his Monument to have beene demolished , as being dishonorable , such an Arch enemie to France , should be Interred in the Metropolitan Citie of that Province : But 〈◊〉 answered , God forbid , I should give way to so dishonorable an act , to disquiet his dead bones , who living would have disquieted us all , and it savours of too much basenesse to insult upon a dead Lyon. But yet in these disasters , there might have beene some reparation by a good Succe●●or , had not Envy and Ambition bred disturbance ; the Duke of Somerset desired the Succession , but the Duke of Yorke obtained it ; which bred such an envy in the Duke of Somerset towards him , that he laboured nothing so much as to crosse his designes , and was a means to hinder the Duke of Yorkes going to his charge so long , th●● the P●risians had time to thinke of freeing themselves from the English servi●●de ; and thereupon the Citie after it had remained seventeen yeares in the posses●●●● o● the English , yeilds to the Constable , and upon composition expels all the English ; and which was worse , many other Towns followed this example of Paris , for what Town would not willingly do as Paris did , the epitome as it were of all France ? and which they stick not to call Le Monde de Paris , as though there were upon earth no o●h●r world but Paris . Even the Normans , who had alwaies been most firm to the English , y●● had run the ●ame course , if the Lord Talbot had not kept them in awe , with the ●laughter of five thousand of them that way inclined . And now after thes● great losses , we must be content to play smaller game , cast at Castles and Forts , and some small Towns , like the strugling of dying men , doing acts of life , till there be no more life remaining ; And this was now our case in France . The new Regent with eight thousand Souldiers arrived at Harfl●w , and from thence marcheth to 〈◊〉 , where he wonne the reputation of justice and uprightnesse , notwithstanding all the calumniations of the Duke of Somerset : when the revolted Duke of 〈◊〉 pretending title to the Town of Callis , approacheth it with an Army of forty thousand men , takes the poore ●●stile of Oy● , and slaughters and hangs many of the ●●fendants . The ●●xards besieged the Castle of St. Mark● , tooke it , and demolished it● from thence they begirt Callis with a ●iege , but were repelled : Then the Duke of B●rgoig●e sent the Lord Croy to besiege the Castle of Guysnes● but were repelled th●r● also : In the meane time Pembroke the Herald brought a defiance to the Duke of ●urgoigne from the Duke of Glocester the Protector , that he would give him battell if he would abide it ; to whom the Duke of Burgoigne answered , he should be 〈◊〉 to finde him where he now was : Whereupon he calleth a Councell , and whilst they are debating what is best to be done , the Calliciens make a sallye , take the Ba●●●●● which they had builded , by force , and slew eight score of the Burgoig●ians , which so terrified them , that they upbraid the Duke of Burgoigne , and make both him , ●nd the Lord Croy to quit their quarters , and in such haste to be gone , that they left ●●reat part of their best Ordnance , and all their Provision for the reliefe and helpe of the besieged ; and it seemes they had reason so to do , for the next day being the s●ven and twentieth of Iuly , the Duke of Glocester landed at Callis , with five and twenty thousand good fighting men , who finding the enemy recolled , forraged all the Countrey thereabout , and for the space of sixe weekes ●arrowed all th● parts of Fl●●ders , Arthol● , and Hainault ; and then returning by St. Omers , Arde , and G●●s●es , arrived at Callis . And now we must look a little home , for the D. of Yorke returning into● E●gl●n● findes the Castle of Roksborough be●ieged by the King of Scots , with thirty th●usand men ; but he hearing of the Earle of Northumberlands app●o●ch , and the Dukes returne , incontinently fled . And now againe to France , where the Towne of H●rflew was sold to the French , but the Duke of Somerset , and the Lord Talbot besetting it both by sea and land ; though the Earle of Ewe , and the Bastard of Orleance and Bourbon , wi●h foure thousand men came to relieve it , yet upon composition , it was surrendred . And here we may have leave to speake of a private matter ; for about this time the Dutchesse of Bedford married Sir Richard Woodvile , a gallant young Gentleman , but of small meanes , which though it offended her friends , yet it seems offended not God , who made her mother of many children by him ; and amongst the rest , of the Lady Elizabeth , afterwards married to King Edward the fourth . Also about this time Iames King of Scots , who before had beene eighteene years Prisoner in England , and afterward released , with a wife of a noble house , a great Dowre , and many honorable Presents , yet proved ungratefull , was murthered in his bed-chamber by night , whose murtherers being found out , were cruelly tortured . And now againe to France ; when the Duke of Burgoigne could neither by force nor policie take C●llice , he attempted a ridiculous practise , to cut a ditch that should drow● both the Town and Country ; but after much labour and expence , his designe like a vapour vanished into ayre . The Lord Talbot besieged Tankervile , and after foure moneths siege , hath it rendred to him : In revenge whereof , the French King in his owne person layes siege to Monstreau ; which whil'st the Duke of Yorke was providing to rescue , he was discharged of his office , done of purpose by his enemies , to lay a blot upon him : A lamentable thing in a State , when private envy shall be suffered to undermine the publique safety ; and by this meanes Sir Thomas G●rard had the more opportunity to sell the Towne , for which , if he were a gainer in money , he was yet a loser in reputation , and hated both of French and English , in much discontent dyed . Arthur Constable of France , and Iohn Duke of Alanson besieged the Towne of Auranc●es , but were with dishonor repelled by the Lord Talbot : After this , Le Hyre sent Letters to them , that he had a promise from divers Burgers of Ro●● to let them in at any time appointed , against which time they came to R●ze , within foure leagues of Roan ; but the Lord Talbot having notice hereof , marched covertly to Roa● , and from thence before day to Ryze , where he surprizeth the French , takes the Lord Fountaines , Sir Allan Geron , and many others , and with a rich booty returneth to Roan . The sixt day of November , in the sixteenth year of the Kings Reign , the Earle of Warwicke having oftentimes been aboord , and still beaten back by tempest , landed at Harfl●w with a thousand fresh Souldiers , and from thence came to Roa● ; but in the meane time the Duke of Burgoigne seeing no new Regent yet come , besieg●th the Towne of Cro●●y , to the reliefe whereof , the new Regent now come , sent the Lord Talbot with five thousand men , whose approach the Duke not enduring , retired to Ab●evyle , leaving onely foure hundred , with whom hee had manned the ●●style by him there erected , which was soone gained , and all the souldiers either taken or slaine . And here the valiant Talbot sent word to the Duke , that if he would save his Countrey from vastation , he should come to a battell ; but the Duke not liking the match , conveighs himselfe to A●ye●s : Twenty dayes together did the Lord Talbo● with fire and sword passe through Piccardie , and Artho●s without opposition , and then returned : Sir Th●m●● Kyriell seized upon the Dukes Carriages and Ordnance ; and having left in Crotoy victuall enough for six hundred men for a whole yeare , he brought the rest to the Earle of Warwicke . And now Henry Earle of Mortaig●e , Son to Edmund Duke of Somerset , arrived with two hundred Archers , and three hundred Spears , took the Castle of St. A●yo● , wherein were three hundred Scots and French ; the Scots he flew all , and hanged the French , because they had sworn fealty to England , and broke it ; he tooke likewise the Castle of Algarche , and by means of an ambush , taketh the Lord Camerois , comming to the rescue thereof . On the other side , the Towns of Neux in Brye , and Susan were sold and delivered to the French by the treacherous Burgers . In Iune , the Earle of Huntingt●● with two thousand Archers , and foure thousand Speares was sent into Gascoigne , whither the Earle of Danois was lately come to buy Towns and Castles , but the Earle of Huntington upon his comming thither , changed all the Captains and Officers , whereby he prevented all such bargains ; and so farre had bribery spread it selfe at this time , that even in Normandy , the English Captaines ●ad but small confidence in the Natives , and not much in some of their owne Nation ; whereupon Sir Richard Wo●dvile , Sir William Chamberlaine , and sir William Pe●o were sent thither to stop the current of that corruption . At this time , the Councell of France procured a reconcilement between the king and the Dolphin , who had beene long in jealousies and dissention ; which if ●t had not beene done , the kingdome had beene torne with Factions , and never beene able to subsist . And now in a great frost and snow , the English under the conduct of Sir Iohn Clifford , having covered their Armour with white shirts , and their heads with white Alm●● skulls , came to Ponthois by night , and undiscovered past the ditches , scaled the walls , slew the Guards , and tooke the Towne ; but this good lucke was accompanied with a bad of more importance , for presently upon it , the Earle of Warwicke dyed in the Castle of Roan , and conveyed into England , was buried in his Castle of W●rwicke . To reduce Pont●ois , the French King in person layeth siege unto it ; when Richard Duke of Yorke being the second time made Regent , having with him the Earle of Oxford , aud the Earle of Ewe , levyes a power to raise the Siege ; and arriving there , sends word to the King , that the next morning he would give him battell ; but the King liked not his bidding , but leaving his Ordnance , at midnight stole away to Poyssy ; thither also the Regent followes him , but with no provocations could draw him to fight . About this time , a treaty for Peace between the two Kings is appointed to be held at Callis , by the mediation of the Dutchesse of Burgoigne , a Portugall Lady ; Commissioners meet of both sides , but nothing concluded , only the Duke of Orleance who had been prisoner to the English five and twenty years , is by the Dutchesse med●ation , ransomed with three hundred thousand Crowns of the Duke of Burgoignes money . The Lord Willoughby besiegeth Deepe , which the Dolphin with sixteene thousand men commeth to raise ; and there young Talbot is taken prisoner , with Sir Ioh● Peto , and sir Iohn Repley , but are shortly after redeemed by exchange . And now another weakning happened to the English party , the Earle of St. Paul forsakes them , and is reconciled to the King of France . The English lay siege to Tartus , for the raysing whereof , the French King marcheth thither with 60000 men , relieveth the Towne , and then marcheth to Saveryne , which he taketh in , and in it , Sir Iohn Rampston ; after which , he tooke in Arques , but then the English cutting off all convoyes of victualls from comming to him , he is forced to returne ; after whose departure , the English recover all that he had taken ; and to boot , take his Lie●tenant prisoner , slaying or hanging all his Souldiers . In this meane while the Lord Talbot taketh in Conquet , and driveth the Bastard of Orleance from the siege of Gagli●rd● ; but the French in the Castle of Cornhill detained many English prisoners● for redeeming of whom , Sir Francis the Aragonist used this stratagem ; he apparelled halfe a dozen lusty fellowes like Peasants● carrying baskets with corne and victualls , and sends them to the Castle , while he with his company lyes in ambush , in a Valley neere the Castle ; the six unsuspected are admitted , and comming to the Captaines chamber , seize upon him , and withall give the signe to the ambush , who comming readily on , entred the Castle , put the Souldiers to the sword , set the prisoners at liberty , burnt downe the Castle , and with the booty and Captaine of the Castle , returned to Roan . Whil'st these alternations passed in France , a more unnaturall passed in Eng●and , the Uncle riseth against the Nephew , the Nephew against the Uncle ; The Duke of Glocester Articles against the Cardinall , charging him with affecting Preheminence , to the derogation of the Kings Prerogative , and contempt of his Lawes ; which Articles are delivered to the King , and by him to his Councell , who being most of the Clergie , durst not meddle in them , for offending ●he Cardinall . On the other side , the Cardinall finding nothing whereof directly to accuse the Duke of Glocester himselfe , accuseth his or her selfe , the Lady Cotham●he ●he Dukes wife , of Treason , for attempting by sorcery and witchcraft the death of the King , and advancement of her husband to the Crown : for which , though acqui●ed of the Treason , she is adjudged to open Penance , namely , to goe with a wax taper in her hand , hoodlesse ( save a kerchiffe ) through London , divers dayes together , and after to remaine in perpetuall imprisonment in the Isle of Man. The crime objected against her , was procuring Thomas Southwell , Iohn Hunne Priests , Roger Bollingbrock● a supposed Necromancer , and Margery Iourdan called the Witch of Eye in Suffolke● to devise a picture of waxe in proportion of the king , in such sort by sorcery , that as the picture consumed , so the kings body should consume : for which they were all condemned ; the witch was burnt in Smithfield ; Bollingbrooke was hanged , constantly affirming upon his death , that neither the Dutchesse , nor any other from her did ever require more of him , than onely to know by his art , how long the king should live : Iohn Hunne had his pardon ; and Southwell dyed the night before he shou●d have been executed . About this time , the Countesse of Cominges being dead , the king of France and the Earle of Arminiack are Competitors for the Inheritance : The Earle takes possession ; but fearing the King of France his greatnesse , makes offer of his daughter in mariage to the King of England , with a large portion in money , and besides , to deliver full possession of all such Townes and Castles as were by him or his Ancestors detained in Aquitaine , and had been formerly by the Progenitors of the King of England , conquered . The Ambassadors for this businesse , were by King Henry graciously heard , and honorably returned : after whom were sent Sir Edward Hall , Sir Robert Rose and others , to conclude all things , and the young Lady is by Proxy affianced to king Henry . But the king of France not liking the proceeding of the match , sende●h the Dolphin with a puissant Army , who tooke the Earle , with his youngest sonne , and both his daughters , aud gained the Counties of Arminiack , Louverne , Rouergue , Moulessenois , with the Cities of Sever●e and Cadeack , chasing the Bastard of Arminiack out of ●he Country ; by meanes whereof , the mariage was then deferred , and left in suspense . In this distraction of Christendome , many Princes , the kings of Spaine , Denmark , and Hungary , became Mediators for a Peace between the two kings of France and England : Ambassadors of both sides are sent , many meetings were had , many motions made , but in conclusion , onely a Truce for eighteen moneths is agreed upon . In the meane time , the Earle of Suffolk one of the Commissioners for the Peace , takes upon him beyond his Commssion , and without acquainting his fellowes , to treat of a mariage between the king of England , and a kinswoman of the king of France , Neece to the French Queene , daughter to Rayn●r Duke of Anjou , stiling him●elfe king of Sicilie and Naples : In which businesse he was so intentive , that it brought an aspersion upon him of being bribed : but howsoever , an Enterview betwixt the two kings is appointed , without any warrant of king Henries part , to be between Charter● and Roan . The Commissioners returne ; the Earle of Suffolk sets forth the beauty of the proposed Bride , and the great benefits that would redound to the kingdome by this match . The king was easily induced to credit the relation ; but divers of the kings Councell , especially the Duke of Glocester , opposed it ; partly for the meannesse of the match , her father being onely a Titular Prince , and withall but poore , unable to give any portion at all ; and partly , for the wrong which should hereby be offered to the Duke of Arminiacks daughter , to whom the king had been in solemne manner publickly affianced . But Reasons could not prevaile against favour : the Earle of Suffolks affirmation must not be undervalued . And hereupon , a new creation of Lords first made ; ( Iohn Beaufort Earle of Somerset , made Duke of Somerset ; Iohn Lord Talbot made Earle of Shrewsbury ; Iohn Holland Earle of Huntington , made Duke of Exeter ; Humfry Earle of Stafford , made Duke of Buckingham ; Henry 〈◊〉 Earle of Warwick , made Duke of Warwick ; Edmund Beaufo●t Earle of Dorset , made Marquesse Dorset ; and William de la Poole Earle of Suffolke , made Marquesse of Suffolke : ) this new Marquesse honorably accompanied , is sent into Fra●ce to fetch the Lady Margaret the proposed Bride ; who shortly after is maried at Southwick in Hampshire , and crowned Queen of England at Westminster , on the 30 day of May 1444 , in the three and twentieth yeare of king Henries Reigne . And now in stead of benefits by this mariage , there presently followed great inconveniences : for first , in exchange of her person , the Dutchy of Anjou , the City of 〈◊〉 , with the whole County of Mayne , ( the best props of the Dutchy of Normandy ) are agreed to be surrendred into the hands of the French : and then the Duke of Arminiack , to revenge the injury offred to his daughter , is a meanes to expell the English ●ut of all Aquitaine . At this time , the Duke of Somersets spleen against the Duke of Yorke , not onely is revived , but is growne stronger ; for the Duke of Yorke , who was now after the death of the Earle of Warwick , made the second time Regent of France , is so undermined by him , through assistance of the new Marquesse of Suffolke , who bore now all the sway with the King and Queen ; that not onely he supplanted him in his place , but planted himselfe in it , to the great heart-burning of the Duke of York and his friends ; but he wisely dissembled his anger , and for the present passed it ove● . And now is no man in grace , but the new Marquesse of Suffolk ; all favours from the King and Queene must passe by him , and the extent of his power over-r●acheth all the Councell : He gets of the King the wardship of the body and lands of the Countesse of Warwick , and of the Lady Margaret , sole daughter and heire of Iohn Duke of Somerset , afterward mother to king Henry the seventh . And now , the kings weaknesse in judgement growes every day more apparent then other , whil'st governed by no counsell , but of his Queen ; and she by no counsell but her owne will , and the new Marquesse of Suffolke . King Henry is himself the least part of the king , and serves but to countenance the devices of others , whereof he little understands the drifts ; and which , proving ill , the blame must be his ; if well , the benefit and honour , others . For by instigation of the Queene , he suffers the Duke of Glocester , for his care of the Common-wealth called the good Duke , to be excluded not onely from Command , but from the Counsell-Table ; and permits Informers , s●t on by the Marquesse of Suffolke , the Duke of Buckingham , the Cardinall Bishop of Winchester , and the Archbishop of Yorke , to come aganst him ; who lay to his charge , that he had caused divers persons to be executed contrary to Law : wherein though he justified himselfe , yet no justification would be heard ; but to avoyd tumultuary part-taking , it was concluded , he should be privately convicted and condemned : and to this end , a Parliament by the procurement of his enemies , unwitting to the king , is called at Bury ; to which the Duke of Glocester resorting , is , on the second day of the Session , by the Lord Beamont L. High Constable ( abetted by the Duke of Buckingham ) arrested and put in Ward , all his followers sequestred from him , whereof two and thirty are committed to severall prisons ; and the next day after his imprisonment , he is found in his bed , murthered ; yet shewed the same day , as though he had dyed of an Imposthume ; though all that saw his body , saw plainly that he dyed of a violent and unnaturall cause : some say , strangled ; some , that a hot spit was put up at his fundament ; and some , that he was stifled between two feather-beds . His corps the same day was conveyed to St. Albans , and there buried . Five of his meniall servants , Sir Roger Chamberlaine knight , Middleton , Herbert , Arizis , Esquires , and Iohn Needham Gentleman , were condemned to be hanged , drawne , and quartered ; and hanged they were at Tiburne , let downe quick , stript naked , marked with a knife to be quartered ; but then the Marquesse of Suffolk , to make a shew as though he had no hand in the businesse , brought their Pardon , and delivered it at the place of Execution , and so their lives were saved . It is no unmemorable thing which Sir Thomas Moore writes of the pregnancy of this Duke of Glocester : It happened , the King comming one time in Progresse to St. Albans , a Begger borne blinde , as he said , at the Shrine of St. Alban obtained his sight : which miracle being noised in the Towne , the Duke of Glocester being there with the King , d●sired to see him , whom being brought unto him , he asked if he were borne blinde , who told him , yes truly ; and can you now see ( saith the Earle ) yes I thanke God , and St. Albon , saith the begger ; then tell me saith the Earl , what colour is my gown ? the begger readily told him the colour ; and what colour saith the Earle is such a mans gown ? the begger likewise told him presently , and so of divers others . Then saith the Earle , go you counterfeit knave , if you had been borne blinde , and could never see till now , how come you so suddenly to know this difference of colours ? and thereupon , instead of an Almes , caused him to be set in the Stocks . But in the death of this Duke , the Queene who had a speciall hand in it , was either not so intelligent , or no● so provident as she might have beene ; for as long as he had lived , his Primogeniture would have kept backe the Duke of Yorkes claime to the Crown , being but discended from the fifth Sonne of Edward the third , where this Duke Humphrey was discended from the fourth . And here were the first seeds sowne betweene the two houses of La●caster , whose badge was the Red-rose , and Yorke , whose badge was the White-rose . And now upon the death of this Duke of Glocester , the Duke of York began amongst his familiars privily to whisper his right and title to the Crown ; but so politickly carried his intent , that all things were provided to further his project , before his purpose was any whit discovered . And in this time the rich Cardinall and Bishop of Winchester dyes , who lying on his death bed , as Doctor Iohn Baker his privie Counsellor and his Chaplain writeth , used such like words ; why should I dye , saith he , having so much riches ? If the whole Realme would save my life , I am able either by policy to get it , or by money to buy it : Fie , will not death be hired ? will money do nothing ? and other words to such purpose . But he being dead , there succeeded in his Bishopricke a more deserving Prelate ; William Wa●●le●e , called so of the place in Lincolneshire where he was borne , though his name was Patterne , of the worshipfull family whereof hee was descended . And now to the end the Marquesse of Suffolke might not come behinde them in dignity , whom he went before in power , he is about this time made Duke of Suffolke . In France about this time a victory was gotten , which proved no better than an overthrow ; Before the Truce was expired , Sir Francis Sur●ens an Aragonois , a man thought worthy to be admitted into the honorable Order of the ●arter ; taking advantage of the security of the French Garrisons , suddenly surprizeth a Frontier Towne called Fougiers , belonging to the Duke of Brittaine ; the Duke advertiseth the French King thereof , who by his Ambassadors complaines both to the King of England , and to the Duke of Somerset then Regent in France : Answer was made , it was the fault of the Aragonois , who did it without warrant from either the King , or the Councell ; neverthelesse Commissioners are appointed to meet at Louviers , to treate of some course for satisfaction ; but in the time of the Treaty , newes is brought to the Regent , that the French by a stratagem of a Carter that with a load of Hey comming over the Draw-bridge , caused the Axletree to breake ; and whil'st the Porter was ready to helpe the Carter , the Porters braines were beaten out , the Towne of Ardes surprized , and the Lord Fawco●bridg● Captaine thereof was taken prisoner . Restitution being required by the English , answer is made them in their owne language , it was done without warrant from either the French King , or any of his Councell , so it was but one for another ; and from thence forward the Truce is broken of both sides , and all things grow worse and worse . The French King by composition taketh Louviers , Gerbury , and Ver●oyle , whil'st the Regent stands demurring what were best to be done ; If he command , not obeyed , If he counsell , not followed , as it happens to men once blemished in Reputation , to have an ill construction made of all their actions ; by which means the French go on without resistance , get Con●●●●ce , Guisard , Gatiard , St. Loe , Festampe , and many other pieces in Normandy ; upon notice whereof , Maulesson in Guyen surrenders to the Earle of Foi● , and by their example the City of Ro●n it selfe takes composition to surrender , where the E. of Shr●wsbury , and the Lord Butler , heire to the E. of Ormond , were kept pledges till it was performed . It is true , succours were provided to be sent out of England , under the conduct of the Duke of Yorke ; but a Rebellion happening in Ireland , which was thought of more importance to be speedily suppressed , diverted him and his forces thither , where not only he suppressed the Rebels , but so wonne the hearts of that people , that it was no small furtherance to his proceedings afterward . A fresh supply indeed of fif●eene hundred men , under the command of sir Thom●s Kyriell is sent over ; but what could a handfull of men do against such multitudes as opposed them ? for he marching with the rest of the Army towards Baugeux , was encountred by the Earle of Clermont , with seven thousand French and Scots , whom yet at first he made to recoyle , till the Constable of France with foure hundred men at Armes , and eight hundred Archers came to the rescue , and then fresh men comming upon them that were already tyred , the English lost three thousand and above seven hundred , besides divers that were taken prisoners . After this losse of men , followes presently a losse of Towns ; Harflew is assaulted , and though valiantly for a while defended by Sir Robert Curson , yet surrendred at last upon composition : Then the French King with an Army royall besiegeth Caen in Normandy , a Towne belonging to the Duke of Yorke , defended in his absence by his Lievtenant Sir David Hall ; but the Duke of Somerset being Regent , in commiseration of his Dutchesse being in the Towne , notwithstanding the s●out opposition of Sir David Hall , surrenders it upon composition to the French ; whereof Sir David giving notice to the Duke of Yorke , it bred such a deadly quarrell between the two Dukes , that they were never after throughly reconciled . And thus is all Normandy recovered from the English , after it had been in their possession a hundred years ; and finally , all France is reduced to the obedience of Charles the French King. And now hereafter there will be little to do abroad , but there will be the more to do at home , and more bloud will be shed in England by civill dissentions , then was shed before in all the Wars of France . This losse of Normandy and other parts in France , is imputed much to the Duke of Somerset , at that time Regent ; but the Duke of Suffolke must beare a great part of the blame , partly for having beene the cause of the surrender of Anjou and Mayne , and the chiefe procurer of the Duke of Glocesters death , and partly for having wilfully wasted the Kings treasure , and been a meanes to remove the ablest men from the Councell Boord ; of all which aspersions the Queen takes notice , and knowing how far they trenched upon the Dukes destruction , and her own ; She so wrought , that the Parliament assembled at the Black-Friers , is adjourned to Leicester , and from thence to Westminster ; but though all means were used to stop these accusations against the Duke , yet the lower House would not be taken off , but exhibited their Bill of Grievances against him : That he had traiterously incited the Bastard of Orleance , the Lord Presigny and others to levy warre against the King , to the end that thereby the King might be destroyed ; and his Son Iohn , who had married Margaret Daughter and sole Heire of Io●n Duke of So●●●set , whose title to the Crowne the sayd Duke had often declared , in case king Henry should dye without issue , might come to be King ; That through his treachery the French King had gotten possession of the Dutchie of Normandy , and had taken prisoners the valiant Earle of Shrewsbury , the Lord Fawc●●bridge and others : but to these accus●tions , he peremptorily affirmed himselfe not guilty , so much as in thought . Then were further allegations made against him , that being with others sent Ambassador into France , he had transcended his Commission , and without privity of his fellow Commissioners , had presumed to promise the surrender of Anjou , and the delivery of the County of Mau●ts to Duke Rayner , which accordingly was ●erformed , to the great dishonour of the King , and detriment of the Crowne ; That he had traiterously acquainted the French King with all the affaires of State , and passages of secrecie , by which the enemy , was throughly instructed in all the designes of the King and Councell : That he had received rewards from the French king , to divert and disappoint all succours sent to the kings friends in France . Upon these and divers other accusations brought against him , to bleare the peop●es eyes , he is committed to the Tower ; but the Parliament was no sooner dissolved , but he was set at liberty ; which so incensed the common people , that they made an Insurrection ; and under the leading of a desperate fellow , styling himselfe Blewbeard , they committed many outrages ; but by the diligence of the Gentlemen of the Country , the Captain was apprehended , and the Rebellion ceased . And now another Parl●ament is called , where great care is taken in chusing of Burgesses , presuming thereby to stop any further proceeding against the Duke of Suffolke ; but his personall appearance at the Parliament gave such a generall distaste to the House , though he came in the company of the king and Queene , that they forbore not to begin the Assembly , with Petitioning the king , for punishment to be inflicted upon such as had plotted or consented to the resignation of A●jo● , and Mayne , whereof by name they instanced in the Duke of Suffolke , Iohn Bishop of Salisbury , Sir Iame● Fynes , Lord Say and others . This Petition was seconded by the Lords of the upper House : whereupon , to give some satisfaction to the Houses , the Lord Say Lord Treasurer , is sequestred from his place , the Dukes Officers are all discarded , and himselfe formally banished for five yeares , but with an intent after the multitude had put out of minde their hatred against him , to have revoked him : but God did otherwise dispose of him , for when he was shipped in Suffolke , with intent to have passed over into France ; he was met by an Englishman of War , taken and carried to Dover sands , and there had his head chopt off , on the side of the long-boate , which together with the body was left there on the sands , as a pledge of some satisfaction for the death of Duke H●●phry . Whil●st these things are done in England , the Duke of Yorke in Ireland began to make his way to the Crowne , as descended from Philippe daughter and heire of George Duke of Clarence , elder brother to Iohn of Gaunt , great Grandfather to the present king Henry the sixth . And for a beginning , it is privately whispered , that king H●nry was of a weake capacity , and easily abused ; the Queene of a malignant spirit , and bloudily ambitious , the Privie Councell , if wise enough , yet not honest enough , regarding more their private profit , then the publique good , that through their delinquencies all Fr●●ce was lost , and that God would not blesse the usurped possession of king He●ry : with these suggestions the Kentishmen seemed to be taken ; which being observed by an instrument of the Duke of Yorke , called Mortimer , he takes his time , and tells the multitude , that if they will be ruled by him , he will put them in a course to worke a generall Reformation , and free them for ever from those insupportable burthens of taxations , so often , upon every slight occasion obtruded upon them . These promises of Reformation and freedome from impositions , so wrought with the people , that they drew to a head ; and make Mortimer , otherwise Iacke Cade their leader , who stiling himselfe Captaine Mend-all , marcheth with no great number , but those well ordered , to Bl●ck-heath , where betweene Eltha● and Greenwich , he lay by the space of a moneth , exercising his men , and sending for whom he pleased , and for what he pleased : Then he presents to the Parliament the complaints of the Common● : That the Queenes favorites share amongst them the Revenews of the Crowne , whereby the king is enforced for the supportation of his present estate to taxe and burthen the Commons , to their utter undoing , and to the generall impoverishment of the kingdome : That the Commons have their commodities daily taken from them , for the purveyance of the kings Houshold , for which they are not payd , nor any assurance for payment thereof given , but onely Court promises : That upon the apprehension of any man for treason or felony , the kings meniall servants , before conviction , b●gge the goods and lands of the impeached ; whereupon indirect and unlawfull proceedings are used by subornation of witnesses , embracery of jurors , and great mens letters to the Judges ; whereby Justice is perverted , and the innocent after attainted , if not executed , yet at least imprisoned to their undoing : That the Commons have no legall proceedings in their Law-suits , so as the rightfull owners of Inheritance , dare not ( if opposed by any Courtier ) maintaine their Titles , or attempt the recovery of their interest , how just so ever : That the kings Collectors and other Accomptants are much troubled in passing their Accompts , by new extorted Fees , and by being enforced to procure a late invented Writ of Quorum nomina for allowance of the Barons of the Cinque-Ports , and their suing out their Quietu● at their own charge , without allowance from the King : That the Bayliffs of Sheriffes under colour of the green waxe out of the Exchequer , doe levy greater summes than are by the Record justifiable , yet maintained ; That they cannot have the freedome of electing knights and Burgesses for the Parliament ; but by letters from the Favorites of the Court , to their friends and Retainers , the Knights and Burgesses are commonly chosen : That they are too much troubled with too often comming to attend the generall Sessions , being enforced in many places to make five dayes journey to the place where they are kept . These and some other , were the complaints of the Commons ; but the Captaine for his owne particular ( after protestation made to live and dye in the quarrell of the King ) required , that his Majesty would be pleased to receive again into favor , the truly noble Prince the Duke of Yorke , and with him the Right Honorable the Dukes of Exeter , Buckingham , and Norfolke , and the ancient Noblemen of the Realm ; by the undue practises of Suffolke , and his complices , commanded from his presence , and that all their opposites might be banished the Court , and put from their Offices : That there might be a generall amotion of corrupt Officers , an abolition of the Greene waxe , and other instruments of Extortion out of the Exchequer ; a qualification of the rigour of proceeding in the Kings-Bench ; an inhibition of unequall purveyance of provision for the Kings houshold , and a present execution of the Promoters , Slegge , Cr●mer , Isell , and East , whom he pretended by wrongfull information to have abused the king , and wronged his Subjects . These Petitions are sent from the Lower-House to the Upper , and from thence committed to the Lords of the Kings Privy Councell , who having examined the particulars , explode them as frivilous , and the Authors thereof to be presumptuous Rebels . Whereupon the king is solicited by his Privy Councell , to prosecute them by force rather than intreary ; which advise is seconded by the Queene as conceiving they secretly aymed at her : and hereupon the king drawes his Forces to Greenwich , and appointeth divers Lords to assaile the Rebels ; but the Lords could get no followers to fight against them who sought only for reformation of abuses ; and for punishment of such Traitors as the Lord Say the kings Chamberlane was : whereupon the Lord Say is presently committed to the Tower , the king and Queene retire to London , from whence within two dayes , the king being now fifteen thousand strong , marche●h in Person towards Captain Mend-all , who politickly withdraweth his forces into Seven●ake wood ; upon notice wherof , the king retireth again to London , but the Queen longing for dispatch , send● the two Staffords , Sir Humphrey , and William , with many hot-spurs of the Court to follow the Rebels , who were soone cooled ; for they found Captain Mend-all in good order , ready to receive them , and in the first encounter , slew Sir Humphry , and afterwards his brother , and put all the rest to flight ; the k. Forces being at Black●eath , could neither by threats nor intreaties be gotten to go to the rescue , but rather wished the Queen and her favorites in the Staffords case , or that the Duke of Yorke were in England , to ayd his Cosen Mortimer , ( now first acknowledged to be of his kindred ) and many of them stole away to the Rebels , whose number from Sussex and Surrey daily encreased , whom yet their Captain restraineth from forraging or taking away any thing by force , and so returneth againe to Black●eath , where the kings Army lay the night before , but was now fallen down to Greenwich . And now the Archbishop of Canterbury , and the Duke of Buckingham are sent to expostulate with the Rebels about their demands ; to whom Iacke Cade gave very good language , but directly affirming no cessation from Arms , unlesse the king in Person would heare the grievances of the Subject , and passe his Princely word for reformation of their wrongs . This resolution of his made known to the king , who was not sure of his own Souldiers faith , made him march presently away to Killingworth Castle in Warwickeshire , where he fortified himselfe , as expecting a siege , having left the Lord Scales onely to Guard the Tower. Iacke Cade taking advantage of the kings departure , commeth to South●●rke , where hee quarters his men , streightly charging them to commit no outrage , nor do wrong ●o any ; which was duly ob●erved . The next morning ●e marcheth to London-bridge , where he caused his men to cut the ropes of the Drawbridge , no resistance being made against him ; and so in good order marcheth up by London-stone , upon which he strooke his sword , saying , Now is Mortimer Lord of London . The Major of London , Sir Thomas Chalton , standing upon the threshold of his doore bade him take heed he attempted nothing against the quiet of the City : To whom ●e made answer , Let the world take notice of our honest intention by our actions . And indeed this orderly cariage of himselfe and his company , wonne him a good opinion amongst the common sort of people : And now ass●ming to himselfe the place of Chiefe , he sendeth o●● his letters of safe●conduct , to such whom he pleased to make use of : amongst other , he wrote this letter to Thomas Co●k Draper of London . By this our writing ensealed , we grant , that Thomas Cock of London Draper , shall safely come into our presence , and avoyd from us againe at his pleasure , with all other persons comming in his company . Subscribed thus : His Majesties loyall Subject , Iohn Mortimer , Captaine Mend-all . Upon Cocks admission , he had private conference with three other that came with him ; to whom , at their departure , he gave these instructions in writing : You shall charge all Lombards and Merchant-strangers , Genona's , Venetians , Florentines , and others , this day to draw themselves together , and to ordaine for us the Captain , twelve Harnesse compleat of the best fashion , foure and twenty Brigandi●es , twelve Battell-axes , twelve Glaves , sixe horses with saddle and bridle compleatly furnished , and a thousand ma●ks in ready money : and if they shall faile herein , we shall strike off the heads of as many as we can get . But they failed not , but sent him what he had demanded : who thereupon the next morning , being the third of Iuly , returnes to London ; and presently sends to the Lord Scales , to bring his Prisoner the Lord Say to the Guildhall , whither he had called the Lord Major with his brethren ; before whom he caused the Lord Say to be arraigned , who craving to be tryed by his Peeres , was forthwith taken from his keeper , caried to the Standard in Cheap , and there had his head chopt off , which being pitched upon a Pike , was borne before him to Mile-end , whither he went to have conference with the Rebels of Essex ; and by the way meeting with Sir Iames Cromer High-sheriffe of Kent , who had lately maried the Lord Sayes daughter , he caused his head also to be strucken off , and caried likewise before him in de●ision . The next morning he came againe to London ; where , after publick execution done upon some of his fellowes , and particularly upon a petty Cap●aine of his , named Paris , that had done things contrary to his Proclamation ; upon a displeasure taken against Alderman Malpas , he sent and seized upon all his wares and goods , and fined Alderman Horne in five hundred marks : whereupon , the Citizens finding him to grow every day more insolent than other , they send to the Lord Scales for assistance , who sendeth Matthew Gough an old souldier to them , with some forces and furnitures out of the Tower ; who presently make a stand at the Bridge , where Cade notwithstanding forceth his passage , and then began to set fire on houses where many aged and impotent people miserably perished ; Captaine Bough Alderman , Sutton and Robert Hayson , valiantly fighting , were slaine : yet upon a fresh supply , the Londoners recovered the bridge againe , and drove the Rebels beyond the Stoope in South-warke ; at which time , both sides being weary , agreed of a Truce , till the next day . After the Retreat , Cade finding he had lost many of his best men , was driven for supply , to set at liberty all the Prisoners in Southwarke , aswell Felons as Debtors : when now his company entring into consideration of their danger , and of the desperate services their Captaine had brought them to , began to discover by their countenances their willingnesse to leave this course : whereof the Archbishop of Canterbury having notice , he with the Bishop of Winchester came from the Tower by water to Southwarke , and there shewed the Kings Generall-Pardon under the Great Seal of England ; which was so welcome to the Rebells , that without taking leave of their Captaine , they withdrew themselves that night to their severall habitations . Iack Cade with some few followers bent his journey to Quinborough Castle , where being denyed entrance , he disguised himselfe , and privily fled : but upon Proclamation , with promise of a thousand markes to any that should bring him dead or alive ; he was afterward , by one Alexander Eden Gentleman , attached ; and making resistance , in a Garden at Hothfield in Sussex , was there slaine ; his body was brought to London , beheaded and quartered , his head set upon London bridge , his quarters dispersed in divers places in Kent . Upon the news whereof , the King sends Commissioners into Kent , to enquire of the abettours of this Rebellion : whither he followeth himselfe in person , and though five hundred were found guilty , yet eight onely were executed . Though London were the chiefe stage of this Rebelion , yet other Countries were not free ; especially Wil●shire , for the Rebels there , upon the nine and twentieth day of June , drew William Askot Bishop of Salisbury , from the High Altar , where he was saying Masse in Edington Church , to the top of the hill ; and there in his Priestly roabes , most inhumanely murthered him . This Insurrection was not unknown to the King of France , who taking advantage thereof , seizeth upon all places which the English had in France , leaving them nothing but only Callice , and the Castles of Hames and Guisnes ; and this was the issue of the Duke of Somersets Regency in France : whereupon comming into England , at a P●●liament holden at Westminster , the sixth of November , in the nine and twentieth yeer of the Kings r●igne , he was put under Arrest ; upon notice whereof , the Commons of London despoiled his house at Blackfriers , and ceased not , till Proclamation was made to inhibite them : for disobeying whereof , there was one man beheaded , at the Standard in Cheape . At this time , the Duke of Yorke , under pretence of comming to the Parliament , comes out of Ireland ; and at London had private conference with Iohn Duke of Norfolk , Richard Earle of Salisbury , the Earle of Devonshire and other his assured friends ; where it was resolved , to keep the chiefe purpose , ( the claime to the Crown ) secret ; and onely to make shew , that his endeavours were but to remove ill Counsellours from the King ; of whom they instanced in the Duke of Somerset as chiefe ; and hereof , the Duke sent divers letters to the King , complaining of the wrongs the Duke of Somerset had done him , but withall making Protestation of his own loyalty . To which the King maketh answer , that he would take his complaints into consideration ; but somewhat blames him for the death of the Bishop of Chester , by his means suspected to be slaughtered , and for dangerous speeches uttered by his servants , tending to Rebellion : concluding , that notwithstanding any thing said or done to the contrary , he took and esteemed him a faithfull subject , and a loving kinsman . But the Duke of York , not herewith satisfied , departeth into Wales , and there levi●●h men , making his colour for the good of the Common wealth : and the reremoving of bad Counsellours . The King advertised hereof , presently raiseth an Army ; and with the Duke of Somerset ( now enlarged ) marcheth towards Wales : while the Duke of Yorke , having notice which way the King came , by another way marcheth toward London ; but being told , the Londoners would not admit him entrance ; he passed the river Thames at Knightbridge , marched into Kent , and encamped at Burnt-heath . The King in his pursuite , came to Blacke-heathe , and there pitched his Tents , from whence he sent the Bishops of Winchester and Ely , the Lord Rivers , and Richard Andrews Keeper of the Privy Seale , to know the cause of this commotion , and to make offer of reconcilement , if the Dukes Demands were not unreasonable . The Duke made Answer , that nothing was intended against the Kings person , his Crown or Dignity : All that was sought , was to remove ill Counsellours from about the King , but especially Edmund Duke of Somerset ; whom if the King would be pleased to commit toward , till his legall tryall might be had in Parliament , he would then not onely dismisse his army , but come unto his presence as a loyall subject . Hereupon the Duke of Somerset is committed to prison : The Duke of Yorke dismisseth his army , and commeth in person to the King : in whose presence , ( contrary to his expectation ) he found the Duke of Somerset , which so moved him , that he could not hold , but presently charged him with Treason : which the Duke of Somerset , not onely denieth , but 〈◊〉 a●re the Duke of Yorke , to have conspired ●he kings death , and the usu●pation of the Crown : whereupon , the king removeth to London , the Duke o● Yorke as a prisoner ryding before him , and the Duke of Somerset at liberty , which was not a little mervailed at by many . And now the king calleth a Councell at Westminster , where the two Dukes are earnest in accusing each other ; but while the Counsell are debating of the matter , there comes a flash of lightning out of France , which diverted them ; for the Earl of Kendall , and the L' Espar , c●me Embassadours from Burdeaux , offering their obedience to the Crown of England , if they might but be assured to be defended by it : but withall , at the same time there came a report , that Edward Earle of March , sonne and heire to the Duke of Yorke , with a great power was marching towards London . Here was matter for a double consultation : and for this latter , it was resolved on , that the Duke of York , should in the presence of the king and his Nobility , at the high Altar in Paul● , take his Oath of submission and Allegiance to king Henry : which he accordingly did , and then had liberty to depart to his Castle of Wigmore . And for the former , the Earle of Shrewsbury with about three thousand men was sent into Gascoigne , who ariving in the Isle of Madre , passed forth with his power , and took Fro●sack and other pieces , but having received in the night instructions from Burdeaux of certaine conspiratours , he makes all the speed he can thither ; and was entred the Town before the French had notice of his comming : so that many of them were slaine by the Lord L' Espar in their beds . Shortly after there arrived , the Earle of Shrewsbury's sonne , Sir Ioh● Talbot , with the bastard of Somerset , and two and twenty hundred men , by whose means Burdeaux is well manned with English : in which time the Earle was not idle , but went from place to place , to receive the offered submission of all places where he came : and having taken Chatillo● , he strongly fortified it , whereupon the Fre●ch king raiseth an army , and besiegeth Chatillon , to the rescue whereof , the Earle maketh all possible speed with eight hundred horse , appointing the Earle of Kendall , and the Lord L' Espar to follow with the foot : In his way he surprized a Tower the French had taken , and put all within it to the sword ; and meeting five hundred French men , that had been forraging ; many of them he slew , and the rest he chased to their Campe. Upon whose approach , the French left the siege , and retyred to a place which they had formerly fortified ; whither the Earle followeth them , and resolutely chargeth them so home , that he got the entry of the Campe : where being shot through the thigh with an Harquebuse , and his horse slaine under him ; his sonne desirous to relieve his father , lost his own life , and therein was accompanied with his bastard brother Henry Talbot , Sir Edward Hall , and thirty other Gentlemen of name . The Lord Nolius with threesco●● other were taken prisoners , the rest fled to Burdeaux , but in the way a thousand of them were slaine . And thus on the last day of July , in the yeer 1453. at Chatillo● , the most valourous Earle of Shrewsbury , the first of that name ; after foure and twenty yeers service beyond the seas , ended his life , and was buried at Roa● in Normandie ; with this Inscription upon his Tombe : Here lyeth the right Noble knight Iohn Talbot Earle of Shrewsbury , Weshford , Waterford , and Valence , Lord Talbot of Goodrich and Orchenfield , Lord Strange of Blackmere , Lord Verdon of Acto● , Lord Cromwell of Winkfield , Lord Lovet●ft of Worsoppe , Lord Furnivall of Sh●ffield , knight of the Noble Orders of St. George , St. Michael , and the golden fleece , great Marshall to King Henry the sixth , of his Realme of France . The Earle of Kendall , the Lords Montserat , Rosaine and D●●gledas entred the Castle of Chatillon , and made it good against the French the space of ten dayes ; but then having no hope of succour , they delivered it , upon composition to have liberty to depart to Burdeaux : and now the Gascoig●●s were as ready to open their gates to the French , as they were before to the English ; by means whereof , in short time , the French recovered againe all Gascoig●e except Burdeaux , and that also at length , upon condition that both garrisons and inhabitants with all their substance , might safely depart for England or Callice , and that the Lords L' Espar and Durant , with thirty others , upon paine of death should never after be found in the Territories of France . At this time upon St. Bartholomews day , an ancient custome being , that the Major of London , and the Sheriffs should be present in giving prizes to the best wrestlers ; It h●ppened that at the wrestling place neere Moore-fields , the Prior of S. Iohns was there to see the sports , when a servant of his , not brooking the disgrace to be foyled before his Master , against the custome of the place would have wrestled againe , which the Major denyed , whereupon the Prior fetcht Bowmen from Clark●●●ell , to resist the Major , and some slaughter was committed ; the Majors Cap was shot through with an Arrow , he neverthelesse would have had the spo●t goe on , bu● no wrestlers came , yet the Major Sr. Iohn Norman told his brethren , he would stay awhile , to make tryall of the Citizens respect towards him : which he had no sooner said , but the Citizens with Banners displayed came in great numbers to him , and fetcht him home in great triumph . Upon the neck of this , began the quarrell in Holborne , between the Gentlemen of the Inns of Chancery and some Citizens , in appeasing whereof , the Queens Atturney and three more were slaine . And now the Duke of Yorke , by all means laboureth to stirre up the hatred of the Commons against the Duke of Somerset , repeating often , what dishonour England sustained by Somersets giving up the strong Towns of Normandy , and how he abuseth the Kings and Queens favour to his own gaine , and the Commons grievance , then he addresseth himselfe to those of the Nobility that could not well brook his too much commanding over the Kings and Queens affection : amongst others he fasteneth upon the two Nevils , both Richards , the father and the sonne , the one Earle of Salisbury , the other of Warwick ; with whom he deales so effectually , that an indissoluble knot of friendship is knit betwixt them ; by whose assistance , ( the King lying dangerously sick at Claringdon ) the Duke of Somerset is arrested in the Queens great Chamber , and sent to the Tower ; and in a Parliament now convoked , appe●ched of Treason , and many heynous crymes objected against him : whereupon , the King though weake is brought to London , of purpose to dissolve the Parliament , and that di●solved , the Duke of Somerset is presently set at liberty againe , and not only so , but is made Captaine of Callice and Guysnes , the onely remainder the English had in France . Upon this , the Duke of Yorke and his party , with a great power march towards London : against whom , the King attended with the Duke of Somerset , the Duke of Buckingham and his sonne , both named Humfry , Henry Earle of Northumberland , Iames Earle of Wiltshire , Iasper Earle of Pembrooke , and two thous●nd men , marcheth forwards ; at S. Albans both armies meet : the Duke in the morning send● a letter to the King , protesting his fidelity and synderity ; onely he desires , the Duke of Somerset may be delivered , to stand or fall by the Judgement of his Peers ; and this he would have , or dye in the pursuite . The King for answer , Commands him to disband , and submit to his mercy ; and not expect , that he will deliver any in his Army , who have shewed their loves in standing to him . Herewith the Duke acquaints his friends , who hereupon fall every one to his quarter : The Earle of Warwick fell upon the Lord Cliffords quarter , where the Duke of Somerset , h●sting to the rescue , was slaine , and with him the Earle of Northumberland , Humfry Earle of Stafford , the Lord Clifford , and about five thousand others , besides many that were hurt ; the King himselfe shot in the neck with an arrow ; the Duke of B●ckingham and the Lord Scales , in the faces ; the Earle of Dorset so hurt , that he was faine to be carryed home in a Cart : The Kings army had been increased after his comming forth , to eight thousand ; but now they are all dispersed or slaine , and the King unguarded , is left in a poore thatcht house ; whither , to be freed from the danger of arrows , he had withdrawn himselfe . The Duke of Yorke having notice where the King was , goes with Wa●wick and Salisbury , who all three upon their knees present themselves before him , making humble petition to him , for pardon of what was past : and now , seeing the common Enemy was slaine , they had what they aymed at . To whom the King throughly affrighted , said : Let there be no more killing then , and I will doe what you will have me . This first battell of S. Albans was fought upon the three & twentieth day of May , in the three & thirtieth year of King Henries raigne . The bodies of the Duke of Somerset , the Earle of Northumberland and the Lord Glifford , were buried in the Chappell there . And now the Duke of York , in the kings name , commands a surcease from ●●rther hostility : and in all reverent manner conveyeth the king to London ; where they keep the feast of Pentecost together ; at which time , a Parliament is summoned to begin at Westminster , the ninth day of July ; and therein it is enacted , that the Duke of Glo●cester should be decl●red publikely a loyall Subject , and that none should misreport or dispute the actions of the Duke of Yorke , or of any in his company ; and moreover , the Duke of Yorke is m●de Protector of the kings Person , and of the Realme , the Earle of Sali●bury is made Lord Chancellor , and the Earle of Warwicke Captain of Callis , wherein they all carried themselves with unblameable demeanour . In this meane time , the Queene not well pleased with these proceedings , s●ekes all me●ns to incite the Lords of her party , and they as much seeke to incite her to make opposition ; she puts the Duke of Buckingham in minde that these Traitours had slaine his hopefull Son at S. Albans ; she tells the now Duke of Somerset , that by them his deare Father lost his life : And they againe put the Queen in minde of the unsufferable indignity done to her , in making her Husband only a king in name , setting a Tutor over him , as though he were a childe , whil'st the Duke of Yorke and his complices manage all : Upon which incitation , all the enemies of the Yorkshire Faction are assembled by the Queene at Greenwich ; where it is debated of some course to be taken for restoring the king to his former liber●y and Government ; at length it is concluded , that the duke of Yorke should be comma●ded to give over his place of Protectorship , for that the king was of yeares and discretion sufficient to Rule of himselfe without a Guardian , and the Earle of Salisbury to surrender his place of being Lord Chancellor , for that the great Seal was never delivered him , seeing that which was now used , was made since the kings restraint , and therefore not sufficient ; to which conclusion of theirs , the king easie to be wrought upon , yields his co●sent , and thereupon they are both discharged from their Offices , and summoned to appeare at the Councell Table at Gr●enwich ; but the Lords were wiser than to put themselves into their hands , and therefore make answer , that none had power to displace them , nor to command their appearance in any place , but in Parliament , and so they continued about Lond●n , placing and displacing whom they pleased , ●nd by their triumvirat authority , tooke Iohn Holland Earle of Exeter out of Sanctuary , and sent him prisoner to Po●f●et Castle . These proceedings gave occasion to the licentious multitude to raise commotions , and the Prentices of London upon a very slight occasion , fall upon out-landish Merchants , rifle and robbe their houses ; and the Major assembling a company of substantiall Citizens to suppresse them , the Ring-leader of the disorder flyes to Sanctuary ; Commissioners are sent to enquire and punish the offence , but when the Major and Commissioners were set , tydings came that the Commons were up in Arms ; whereupon the Commissioners left the busines to be proceeded in by the Major , who so discreetly ordered the matter , that many of the offenders were punished , some by death , others by fine , and all things were quieted and appeased . At this time the French having little to do against the English in France , would needs be doing something against them in England : They set out two Fleets , one under the conduct of William Lord Pomyers , the other of Sir Peter Bressy ; the Lord fell ●pon Fulney in the West-Country , the knight upon S●●dwich in Kent , where some hurt they did , but not of importance to countervaile their Voyage . And now the Queen finding the little respect the Londoners bore to her party or the kings , perswades the king , as for his health and recreation , to make a Progresse into Warwickeshire , which he did , by the way hunting and hawking , and the Queen making show of minding nothing but pastimes ; and this she did , with a purpose the easier to entrap the three Lords , of Yorke , Salisbury , and Warwicke , to whom shee writ most loving letters , earnestly inviting them to be at Coventry by an houre appointed ; which they , not doubting any fraud , intended to have done , but hearing by the way of the mischiefe plotted against them , they caused their Retinue to goe on-ward the way to the Court , as though themselves were comming after ; but they provided otherwise for their safety , the duke of Yorke with a Groome and a Page getting him to Wigmore Castle , the Ea●le of Salisbury to his Castle of Middleham in the North , and the Earle of Warwicke to the Sea side , and so to Callis ; but before they parted , they agreed upon an Alphabet , by which they might have entercourse of letters , yet their intentions kept undiscovered . The king unwitting of this mischiefe intended against the duke of Yorke and his friends , returneth to London , where he calleth a Councell ; and therein of his owne accord desireth that some course might be invented for a perfect reconcilement of all parties ; promising upon his salvation ( an asseveration not usu●ll with him ) so to entertaine the duke of Yorke and his friend● , that all discontents should be removed , and a perfect amity on all parts ●stablished : to which end messengers are dispatched to the duke of Yorke , and all other of his party , commanding them upon urgent affairs of the Realm , and upon Royall promise of safe conduct , to repaire to his Court at London , at a day appointed . The duke of Yorke accordingly came , and with 400 men well apparelled , lodged at his house called Baynards Castle ; T●e Earle of S●lisbury with 500 men , lodged likewise at his house called the Herbour ; The duke of Exeter ( lately released ) and the Duke of Somerset with 800 men , were lodged within Temple-Barre ; The Earle of Northumberland , the Lord Egremont , and the Lord Clifford , with 1500 men , were lodged in Holborne ; The Earle of Warwicke with 600 in red jackets with ragged staves embroydered behinde and before , were lodged at the Gray Friers in London . Upon the seventeenth of March the King and the Queen came to London , and were lodged at the Bishops Pallace ; the Major having five hundred well appointed men in readinesse , rode with a competent number all day long round the Citie , for preservation of the Kings Peace : The Lords lodging within the Citie , held their Councell at Black-Friers ; the other , at the Chapterhouse at Westminster : Between both , the Reverend Archbishop of Canterb●ry , the Son of Henry Bourchier Earle of Essex , with some other of the most able Prelates interceded so , that by their mediation it was at last concluded , that all wrongs and misdemeanours on every side should ●e forgotten and forgiven , that each side should be friends to the other , and both be obedient to the commands of the king . Besides this in generall , there were some particular Articles to be performed by the Duke of Yorke , the Earles of Salisbury , and Warwicke , which afterward was ratified under the great Seale of England , the 24 day of March , in the 36 yeare of the Reigne of king Henry the Sixth . Upon the publication whereof , a solemne Procession was made in Pauls Church , at which the king was present with his Cr●wn on his head ; before him , hand in hand went the Duke of Somerset , and the Earle of Salisbury , the Duke of Exeter , and the Earle of Warwicke , and so one of the one , and another of the other part , till they were all Marshalled ; behinde the king came the Queen , the Duke of Yorke leading her by the hand , who in going made shew of favorable countenance towards him : Divine Service ended , they returne to the Court , in all outward appearance truly reconciled ; but all was dissembled , as will presently appeare ; for presently upon this , an affray fell out betweene a servant of the Earle of Warwicke , and a Courtier , who in the encounter is dangerously wounded , the Earles man flyeth ; the kings servants seeing their fellow hurt , and the offender escaped , watch the Earles comming from the Councell Table , and assaile him ; many are hurt , but the Earle getteth a Wherry , and so escapes to London ; the Queen incontinently commands the Earle to be committed to the Tower , but hee foreseeing the danger , posts to Yorkshire , where he acquaints the Duke of Yorke , and his father the Earle of Salisbury of all the occurrence , with the palpable discovery of the Queens canker'd disposition , advising them to stand upon their Guard , and to provide against the approaching storme . Himselfe speeds to Callis , and being then Lord Admirall , takes with him all the kings ships that were in readinesse , and scouring the Seas , meets with five great Carricks , three of Geno●a , and two of Spaine ; and after two dayes fight , takes two of them , with which hee returned to Callis where he unloaded their fraight , and found it worth ten thousand pounds in Staple commodities , besides the Ships and Prisoners . In the meane time , the Earle of Salisbury with about five thousand men marcheth through Lanc●shire , to passe that way to the king , with a purpose to acquaint him with the affront offered to his Son , and the inveterate malice discovered in the Queen against him : The Queene with the Dukes of Buckingham and Som●rset , hearing of his comming , gave order to the Lord Audley to use means to apprehend him ; who thereupon levyeth ten thousand men in Cheshire and Shropshire , and with them about a mile from Drayton , in a plaine called Bloreheath he attended the Earle , there being but a small brooke of no great depth between them . Early in the morning the Earle made a seeming Retreat , which the Lord Talbot observing , presently causeth his Troops to passe the River , but before they could be reduced againe into order , the Earle with his whole strength falls upon them , and with the slaughter of the Lord Audley , and most of them that had passed the River , he discomfited the rest , and slew about 24. hundred of them ; Sir Iohn and sir Thomas Nevill knights the Earl● Sons were sorely wounded , who with Sir Thomas Harrington travelling into the North Country , were apprehended and sent as Prisoners towards Chester , but upon a message from the Marchmen were presently released . And now the Duke of Yorke thinking fit no longer to conceale his designe , make● preparation to take the Field , the Earls of Salisbury and Warwick do the like ; and amongst others of approved valour , whom the Earle of Warwicke had brought from Callis with him , were two principall noted men , Iohn Blunt , and Andrew Trolloppe . Likewise the King , with the Dukes of Somerset , and Exeter , drawes his Forces to Worcester , from whence Richard Beauchamp Bishop of Salisbury , is sent to offer the Yorkists a full and generall Pardon , if they would lay down Arms , and become loyall Subjects . Whereunto they answered , that there was no trust to the Kings Pardons , as long as the Queen had a Predominant power ; but if they might have assurance of safety , they would expresse their loyalty , and humbly render themselves at his service . Hereupon the King advanceth neerer , and approaching the Lords Armie , caused Proclamation to be made , that whosoever would abandon the Duke of Yorke , should be received to mercy , and have Pardon . Upon this , the night following , Andrew Trolloppe , with all the Callicians submit to the King , and by him are all the counsells of the Duke of Yorke discovered ; which so much discouraged him , that he with his young Son , the Earle of Rutland , fled first into Wales , and then into Ireland : The Earles of March , Salisbury , and Warwicke got into Devonshire , where by the means of Iohn Dynh●m Esquire ( the same man that afterward by king Henry the Seventh was made Lord Treasurer of England ) they were shipt from Exmouth , to Gernsey , and so to Callis . All the common souldiers the king Pardons , onely makes exemplary punishment of some few Captains , sends the Dutchesse of Yorke , and her two younger children , to the Dutchesse of Buckingham her Sister to be ●afely kept ; and then having spoiled the Town and Castle of Ludlow , he dismist his Armie . And now a Parliament is called at Coventry , wherein the Duke of Yorke , Edward Earle of March his Son , Richard Earle of Richard●arle ●arle of Warwicke● Iohn Lord Clifford , and many other the confederates of the Duke of York , are convict of Treason , and all their lands and goods seized on to the kings use . Henry D. of Somerset by the Queens means is made Captain of Callis , whither comming to take possession , he was , by reason of Ordnance shot at him from Rice-banke forced to Retire ; which the Queen hearing , was so incensed , that in great passion she gave order to make ready all the kings Ships lying at Sandwich , to give assistance to the Duke of Somerset : but the forementioned Iohn Dynham , out of love to the Earle of March , boorded those ships in the harbour , and tooke the Lord Rivers designed Admirall for that service , and carried both him and the Ships to Callice , from whence the Earle sayled to Ireland , to the Duke of Yorke , who having conferred and concluded what course to take , he returned to Callice , the new Admirall the Duke of Exeter not daring to stop his course . Sir Simon Montford was appointed ●o guard the Cinque Ports , having divers ships under his command to barre the Earle of Warwick●s entrance ; but the Earle by his espyalls having perfect intelligence of all passages , fell sodainly upon Sir Simon before his ships were ready , tooke him prisoner , ransackt the Town of Sandwich , & carried his prisoner and the ships to Callice : By the way he understood how much the kentishmen desired his return and longed for his comming ; whereupon he came the second time to Sandwich , to whom presently resorted the Lord Cobham and very many Gentlemen of the Country : so as now his army was five and twenty thousand strong ; with which he marched towards London , against whom the Lord Scales was appointed to goe , and with some convenient troopes to assure London : but the Major directly refused to admit him ; whereupon he resorted to the Tower , from whence afterwards he did the Londoners no small displeasure . The Earle of Warwick having notice , that his father the Earle of Salisbury was upon march to meet him : passeth over his men ; and without impeachment , joyned with him and his friends neer Exeter . The King with the Dukes of Somerset and Buckingham with a great Army marcheth towards them , and neer to the Town of Northampton both Armies meet : The Earle of March with the advice of the Earle of Warwick prepares for the fight : The Queen ( the King more intentive to devotion then fighting ) did the like , the fight continued about two houres , wherein were slaine of both sides above ●en thousand men ; but upon the fall of Humfry Duke of Buckingham , the Kings side was discomfited , and Iohn Talbot Earle of Shrewsbury , Thomas L. Egremont , Iohn L. Beaumont and some other of account were slaine : The Queen with the Duke of Somers●t , taking with them the young Prince , fled to the Bishoprick of Durham : The King himselfe was taken , and as a prisoner conveyed to London : where the Tower is yeelded to the Earle of Warwick ; The Lord Scales in disguised apparell endeavouring to escape , is taken by the water-men , and by them beheaded , and his Corpes carelesly left upon the sands . Thomas Thorpe one of the Barons of the Exchequer , in the habit of a Monke , his Crown shorne , purposing to flie to the Queen , is taken and committed prisoner to the Tower , and after by the Commons beheaded at Highgate . The Duke of Yorke being advertised of this good successe , leaveth Ireland and posts to London , where in the kings name he summoneth a Parliament , which being assembled , he in the presence of the Lords in the upper House , placeth himselfe in the Imperiall Seate , and with great boldnesse layes open his rightfull claime to the Crowne of England , as being the Sonne and heire of Anne daughter and heire of Roger Mortimer Earle of March , Sonne and heire of Philip the sole daughter and heire of Lyonel Duke of Clarence , the third sonne of Edward the third , and elder brother of Iohn of Gaunt Duke of Lancaster , Father of the usurper Henry the Fourth , Grandfather to Henry the Fifth , who was Father to him that at this time untruly stileth himselfe king Henry the sixth . And after relating the many miseries that had befallen the Realme since the time of this Usurpation , he concluded , that he would not expect nor desire possession of the Crown , except his discent were undisputable , and his title without exception . This being a businesse of importance , required deliberation : but in conclusion , the Duke having before hand prepared the Lords Spirituall ; and few of the Nobility being present , that were not of his part , the Burgesses were easily perswaded : and it was generally resolved , and enacted accordingly , that king Henry during his life , should reteine the name and honour of a king ; that the Duke of Yorke should be Proclaimed heire apparent to the Crown , and Protectour of the kings Person , his lands and dominions ; and that if at any time , any of king Henries friends , allies or favourites , in his behalfe should attempt the disa●●lling of this Act , that then the Duke should have present possession of the Crown . It is not unworthy the noting , that while the Earle of March was declaring his title in the upper house , it happened in the nether house , that a Crowne which hung in the middle of the house , to garnish a branch to set lights upon , without touch or winde , fell suddenly down : as likewise at the same time , fell down the Crown which stood on the top of Dover Castle : a signe as some thought , that the Crowne of the Realme should be changed . Assoone as the Parliament was dissolved ; the Duke dispatcheth letters into Scotland ; requiring in the kings name , the Queen , the Dukes of Somerset and Exeter , and all other of the Nobility , that remained in that kingdome , with all speed to repaire to his presence in London : but they had other worke in hand ; for having goten together of English and Scots , to the number of eighteen thousand , they came ma●ching into England● against whom went the Duke of Yorke , with his younger sonne the Earle of Rutland , and the Earle of Salisbury , ( leaving the king in the custody of the Duke of Norfolke and the Earle of Warwick ; ) and approaching neer the Que●ns A●my , he was certified by his sc●uts , that the Enemie farre exceeded his power , both in number and in all warlike preparation , ( he not having in his Army above five thousand men ) and thereupon the Earle of Salisbury advised him to rety●e , and to attend the comming of the Earle of March , who was gone into Wales to raise the March men ; but the pride of his former victory made him deale to all Counsell of declining the battell ; and so hastened on by his destiny , from S●nd●ll Castle he marched on to Wakefield greene ; where the Lord Clifford on the one side , and the Earle of Wiltshire on the other were placed in ambuscado ; The Duke of Yorke supposing that the Duke of Somerset who led the battell , had no more forces then what were with him , undauntedly marcheth towards him : but being entred within their danger , the ambushes on both sides brake out upon him , and slew him , with three thousand of his men , the rest fled ; the Earle of Salisbury is taken prisoner ; and harmlesse Rutland , not above twelve yeers old , who came thither but to see fashions , is made a sacrifice for his Fathers transgression , who kneeling upon his knees , with tears begging life , is unmercifully stabbed to the heart by the Lord Clifford , in part of revenge ( as he swore ) of his Fathers death ; and the Queen most unwomanly in cold blood , caused the Earle of Salisbury , and as many as were taken prisoners , to be beheaded at P●mfret Castle , and to have their heads placed on poles about the walls of Yorke . Thus dyed Richard Plantagenet Duke of Yorke , who had taken to wife Cicely daughter of Ralph Nevyll , the first Earle of Westmerland , by whom he had issue , eight sonnes and foure daughters ; his eldest sonne Henry dyed young , his second son Edward was afterward king of England ; his third Edmund Earle of Rutland , was slaine with his father● Iohn , Thomas and William died young , his seventh sonne George , was after Duke of Clarence , his youngest sonne Richard , sirnamed Crouchb●ck , w●s after king of England . Anne his eldest daughter was married to Henry Holland Duke of Exeter , his second daughter Elizabeth was married to Iohn de la P●ole Earle of Suffolk , his third Margaret to Charles Duke of Burgoigne , his fourth Vrsula dyed young . This Duke being dead , had his head crowned with a paper Crown , together with many circumstances of disgracing him : but this act of spight was fully afterwards recompensed upon their heads that did it . The Earle of March hearing of his fathers death , laboured now so much the more earnestly , in that he laboured for himselfe ; and parting from Shrewsbury , whose Inhabitants were most firme unto him , he increased his army to the number of three and twenty thousand , and presently took the field ; and having advertisment , that Iasper Earle of Pembrooke , with the Earle of Ormond and Wiltshire followed after him with a great power of Welsh and Irish : he suddenly marcheth back againe , and in a plaine neer Mortimers Crosse , on Candlemas day in the morning gave them battell , wherewith the slaughter of three thousand and eight hundred , he put the Earles to flight . Owen Tewther who had married Queen Catherine , Mother to king Henry the sixth , and divers Welsh Gentlemen were taken , and at Hereford beheaded . Before the battell , it is said , the Sunne appeared to the Earle of March like three sunnes , and suddenly it joyned all together in one ; for which cause , some imagine , that he gave the sunne in its full brightnes , for his badge or Cognisance . The Queen in the mean time encouraged by the death of the Duke of Yorke , with a power of Northern men marcheth towards London : but when her souldiers were once South of Trent , as if that river were the utmost limit of their good behaviour , they fell to forrage the Country in most babarous manner : Approaching S. Albans , they were advertised that the Duke of Norfolke and the Earle of Warwick were ready to give them battell ; whereupon the Queens Vaward hasteth to passe through St. Alb●●s ; but being not suffered to passe , they encountred with their Enemies in the field called Barnard heath ; who perceiving the maine battaile to stand still , and not to move ; which was done by the treachery of Lovelace , who with the kentish men had the leading of it ; they soone made the Southerne men to turne their backs and f●y ; upon whose flight , the rest in doubt of each others well meaning , shifted away ; and the Lords about the King perceiving the danger , withdrew themselves : Only the Lord B●nvile com●ing in a complementall manner to the King , and saying it grieved him to leave his Majesty , but that necessity for safeguard of his life , enforced it● was importuned , and Sir Tho●as Kyriell a knight of Kent likewise , by the king to stay ; he passing his Royall word , that their stay should bee no danger to them ; upon which promise they stayed , but to their cost : for the Queen hearing that the Commo●s had beheaded Baron Tho●pe at High-gate ; ●he in revenge thereof , caused both their heads to be stricken off at S. Alb●●s : so as there were slaughtered at this battaile the full number of three and twenty hundred , but no man of name , but onely Sir Iohn Grey , who the same day was made knight , with twelve other at the village of Colney . And now the King was advised , to send one Thom●s Hoe , ( tha● had been a Barrister ) to the Victors , to tell them ; that he would gladly come to them , if with conveyance it might be done : whereupon the Earle of Northumberland , appointed divers Lords to attend him to the L. Cl●ffords Tent , where the Queen and the young Prince met to their great joy : but it was now observed , as it were in the destiny of King He●ry , that although he were a most Piousman , yet no enterprise of warre did ever prosper , where he was present ; that we may know the prosperity of the world to be no inseparable companion to men of Piety . At the Queens request , the king honored with knighthood thirty gentlemen , who the day before had fought against the part where he was ; the Prince likewise was by him dubbed knight , and then they went to the Abby , where they were received with Anthems , and withall an humble petition , to be protected from the outrage of the loose souldiers● which was promised , and Proclamation made to that purpose , but to small purpose ; for the Northern men said , It was their bargaine to have all the spoyle in every place , after they had passed Trent : and so they robbed and spoiled whatsoever they could come at . The Lond●ners hearing of this disorder , were resolved , seeing there was no more assurance in the Kings promise , to keep the Northern men out of their gates ; insomuch that when they were sent to , to send over to the Campe certaine Cart-loads of Lenton provision ; which the Major accordingly provided : the Commons rose about Cripplegate , and by strong hand kept the Carts from going out of the City . Hereupon , the Major sends the Recorder to the Kings Counsell● and withall intreats the Dutchesse of Bedford , and the Lady Scole● , to intercede for h●m to the Queen ; and to excuse his not using force , considering how dangerous it might be in these doubtfull times , to stirre their fury , that would not easily be a●layed . It was well advised to send women to intreate a woman , for by this means they prevailed , that some of the Lords of the Counsell , with a guard of foure hundred good souldiers , were appointed to goe for London , to enquire and certifie of these things : when suddenly news was brought , that the Earle of March with a great Ar●y was marching towards them : for the Earle of VVarwicke having gathered together his scattered troops , and joyned with the Earle of March , they hasted towards Lo●don , and were joyfully received upon the eight and twentieth day of February , and upon Sunday , the second of March , the Earle of Warwick mustred all his army in S. Iohn's field , and having cast them into a ring , read unto them the agreement of the last P●●liament , and then demanded , whether they would have King Henry to raign still who all cryed , no , no : then he asked them , whether they would have the Earle of March eldest sonne of the Duke of Yorke ( by that Parliament proclaimed King ) to raigne over them ? who with a great clamor cryed , yea , yea● Then went there certaine Captaines , and others of the Citty , to the Earle of March at Baynards Castle , to acquaint him with w●at was passed ; who at first seemed to excuse himselfe , a● unable to exec●●e so grea● a charge : but animated by the Archbishop of Canterbury , the Bishops of London , and Exeter , and the Earle of VVarwick , he at last consented to take it upon him ; and thereupon , the next morning he wept in Procession at Pauls , and offered there , and after Te Deum sung , he was in great state conveyed to VVestminster , and there in the great Hall , seated in the Kings seat , with the Scepter of St. Edw●●d in his hand ; and then again the people , of whom there was a great concourse , were aloud demanded , if they would acknowledge him to be their King ? to which with great willingnesse they all cried , yea , yea . Then taking homage of divers Noblemen there present , he was with Procession and great solemnity conveyed to the Abbey , and placed in the Qui●e as King , whil'st Te Deum was singing : That done , he offered at St. Ed●ards Shrine , and then returned by water to Pauls , and was lodged in the Bishops Pallace , and upon the fou●th of March he was generally Proclaimed King , by the name of Edward the Fo●r●h . And here in the course of all Writers , ends the Reigne of King He●ry the Sixth ; that it may be truly sayd , never any came to be King so soone ●fter his birth , nor left to be King so long before his death ; for he came to be King at eight mon●ths old , and he left to be King , living twelve years after . There was indeed in that space of time , a certaine Vicissitude , sometimes a King , and sometimes no King ; the passages wher of must be related in the following Kings Reigne . Of hi● Taxatio●s . IN the first yeare of his Reigne , a Parliament was holden at London , where the Queen Mother , with the young king in her lap came and sate amongst the Lords ; and there was then granted a Subsidie of five Nobles upon every sacke of wooll that should passe out of the Land , for three years , but if carried out by Merchant strangers , then to pay three and forty shillings for every sacke . In the third year of his Reigne , a Parliament was holden at Westminster , wherein was granted a Subsidie of twelve pence in the pound of all Merchandize comming in , or passing out of the Realme , and three shillings of a Tonne of Wine , for the terme of three years . In his sixth year in a Parliament at Wes●●inster was granted a Subsidie , of every Tonne of Wine three shillings● and of other Merchandize except Wooll , Fell , and Cloth , twelve pence in the pound : Also of every Parish through the Realme ( except Cities and Boroughes ) the Benefice being in value ten Markes ; Tenne of th●t Parish shall pay sixe shillings eight pence ; and of every Benefice of the value of ten pounds , ten Parishioners should pay thirteen shillings foure pe●ce , and so rateably of every Benefice , from the lowest to the highest . And for the Inhabitants of Cities and Boroughes , every man being worth twenty shillings above his housholdstuffe , and the apparell of him and his wife , should pay foure pence , and so after that rate to the richest . Of L●wes and Ordi●ances in his time . IN this kings time , the Lord Major of Lond●● first began to go by water ●o Lo●do● , where before they used to go by land . Also in this Kings Reigne the Art of Printing wa● first found at Mog●●ce in Germa●y , by a knight called Iohn Cuttenberghe● , and brought into England by William Caxton of Lo●don Mercer , who first practised the same in the Abbey at Westminster , in the yeare 1471. In the 23 yeare of his Reigne , in a Parliament then holden , it was Enacted , that when Wheat was so●d for six shillings eight pence the quarter , Rye for fo●●e shillings , and Barley for three shillings ; It should be lawfull for any man to carry the sayd kindes of Corn , into the parts beyond the Sea without license , so it were not to the kings enemies or Rebel● ; which Act was afterward confirmed by king Edward the Fourth . Affa●●es of the Church in his time . A Great Schisme was in the Church in this kings time by reason of Anti-popes ; for remedy whereof , a Councell is called at Co●sta●ce , to which the Emperors of Constanti●ople and Trabiz●nd send their Amba●●adors . In this Councell Ioh● the three and twentieth is convented , condemned , deposed , and imprisoned : Gr●gory the twelveth , and Benedict the thirteenth are deprived , and Otho Colonn● , by the name of Martin the fifth , is chosen Pope . During these confusions in the Westerne Church , the Christians in the Easterne Church are utterly ruinated : The Emperor smothered to death in a prease of people , and the great City of Constantinople wonne by the Turke , made ever since the seate of his Empire . In the six● and thirtieth yeare of this king , Reynold Peacocke Bishop of Chichester , who had laboured many yeares in Translating the holy Scripture into English , was accused and convicted , for holding and publishing certaine opinions at that time held Hereticall ; which at last , openly at Pauls Crosse he revoked ; That he had held there was no necessity to believe that Christ descended into Hell ; also , no necessity to believe in the communion of Saints , or that the Universall Church cannot erre in matters of Faith , or that it is necessary to believe and hold whatsoever a Generall Councell shall determine : Also that he had held , that spirituall persons ought to have no Temporall Possessions , and that personall Tythes were not due by Gods Law : these Points he openly renounced , but was notwithstanding deprived of his Bishopricke ; only a certaine Pension was assigned him to live on in an Abbey , where soone after he dyed . Workes of Piety done by him , or others in his time . THe King himselfe Founded two famous Colledges , the one in Cambridge , to our Lady and St. Nichol●s , called the Colledge Royall , or the kings Colledge ; the other of Eate● besides Windsor , called of our blessed Lady ; to the maintenance whereof , he gave 3400 pounds by yeare . In the 28 year of his Reigne , his Queen Margaret began the Foundation of Queens Colledge in Cambridge . In the time of his Reigne also , Henry Chicheley Archbishop of Canterbury Founded two Colledges in Oxford ; one called All-Soules Colledge , the other Bernard Colledge . In his time also , H●mp●ry Duke of Glocester ( but others say , Thomas Kempe Archbishop of Ca●ter●●ry ) built the Divinity School in Oxford ; also the sayd Archbishop built Pauls-Crosse in forme as now it standeth ; and William W●ynflete Bishop of VVinchester , and Lord Chancellor of England Founded Mary Magdalen Colledge in Oxford . In his seventeenth yeare , Ralph Lord Cromwell , builded the Colledge of Tatshall in Linc●l●shire . Also this yeare , VVilliam ●●stfield Major of London , caused to be builded at his own charge the Water-Conduict in Fleetstreet . In his ninth year , Iohn VVells Major of London , caused the Cond●ict commonly called the Standard in Cheape , to be builded . In his first yeare , the West Gate of London , sometime called Chamberlaine gate , and now Newgate , was begun to be new builded by the Executors of Sir Richard VVhittington Lord Major of London . In his fifth yeare , Iohn Reynwell Major of London , gave certaine lands to the Citie of London , for which th● Citie is bound to pay for ever , all Fif●eens that shall be granted to the King , ( so as it passe ●ot three Fifteens in one year ) for three Wards in London ; namely , Dowg●te-Ward , Billi●gsgate-Ward , and Aldgate . Also this yeare , the Tower at the Drawbridge of Lo●don was begun by the same Major . In his foure and twentieth yeare , Simon Eyre Lord Major of L●ndon builded the Leaden-Hall in Lo●do● , to be a Storeho●se for Graine and Fewell for the poore of the Citie , and faire Chappell at the East end of the same , leaving in stocke a thousand pounds , which a●terward King Edward the Fourth borrowed and never paid it again . Also in this kings time , William de la Poole Duke of Suffolke , and Alice his wife , Daughter to Thomas Ch●●cer , Son of Geoffry Chawcer the famous Poet ; translated and encreased the Mannour place of Ewelme in Oxfordshire , and builded new the Parish Church of Ewelme , and an Hospitall or Almeshouse for two Priests , and thirteene poore men , to which he gave three Manours , Ramruge in Hampshire , Co●ocke in Wiltshire , and Me●sh in Buckingh●mshire : They also founded the Hospitall of Do●nington Castle . Of Casualtie● happening in his time . In his Fifth yeare was ●o unseasonable weather , that it rained almost continually , from Easter to Michaelmasse . In his seventh yeare , the eight of November , the Duke of Norfolke was like to have been drowned passing through London-Bridge , hi● Barge being set upon the piles , overwhelmed , so that thirty persons were drowned , and the Duke with others that escaped , were fain to be drawn up with ropes . In his 18 year , all the Lyons in the Tower dyed : Also this year , the 18 day of Iuly , the Postern-Gates of London by E●st-Smithfield against the Tower of London , sanke by night more than seven foot into the earth . In his two and twentieth year , on Newyears day , neer unto Bedford , a very deep water , which ran betwixt the Towns o● Swelstone and Harleswood , stood suddenly still , and divided it selfe , so that by the sp●ce of three miles the bottome remained dry ; which wonder , many thought to signifie the division of the people , and falling away from the king , which happened shortly after . In the three and thirtieth year of his Reign , besides a great Blazing Starre , there happened a strange sight , a monstrous Cock came out of the Sea , and in the presence of a multitude of people at Portland , made a hideous crowing three times , each time turning about clapping his wings , and beckning toward● the North , the South , and the West ; as also many prodigious births . In his six and thirtieth year , in a little Town in Bedfordshire , it rained bloud , wherof the red drops appeared in sheets hung out to dry . Of his Wife and issue . HE married Margaret Daughter of Rayner Duke of Anjou , and Ti●ular king of Ierusalem , Sicilie , and Arragon ; by whom he had small Portion , and little strength of Alliance ; yet might have been a good match , if they could have changed conditions with one another , that he might have had her active and stirring spirit , and she his softly and milde disposition ; She was his wife six and twenty years , and after her husbands depulsion from the Regall Throne , his Forces being vanquished at the Battell of Tewkesberry , in a poore Religious house , where she had fled for safety of her life , was taken prisoner and carried captive to London , where shee remained in durance , till Duke Rayner her Father purchased her liberty , unto whom she returned , and lastly dyed in her native Country . By her , king Henry had issue only one Son named Edw●rd , who when the day was lost at T●wkesberry , sought to escape by flight , but being taken , was brought into the presence of king Edward ; whose r●solute answers provoked king Edward so much , that he dashed him on the mouth with his Gantlet , and then Richard the Crouchback ran him into the heart with his Dagger ; his body wa● buried amongst the poore persons there slain , in the Monasticall Church of the Black-Friers in Tewkesberry . Of his Death and Buriall . UPon King Edwards recovering the Crown , he was committed to the Tower ; where the 21 of May , in the yeare 147● , he was murthered by the bloudy hand of ●ichard Duke of Glocester : the day after he was brought to Pauls Church in an open Coffin bare-faced , where he bled ; thence carried to the Black-Friers , where ●e ●lso bled ; from thence in a Boat to Chersey Abbey , without Priest or Clerk , ●orch or taper , saying or singing , and there buried ; but afterwards at the appointment of King Edward , was removed to Windsor , and there interred , and a fair Monument made ov●r him . Of his Personage and Conditions . HEe was tall of statu●e , spare and slender of body , of a comely countenance , and all parts well proportioned . For endowments of his minde , he had virtues enough to make him a Saint , but not to make him a God , as kings are said to be gods ; for of that commanding power there being two parts , Parcere subjectis & debellare ●uperbos ; he wanted the latter . He was not sensible of that which the world calls Honour , accounting the greatest honour to consist in humility ; His greatest imperfection was , that he had in him too much of the Logge , and too little of the Storke ; for he would not move , but as he was moved , and had rather be devoured , than he would devoure . He was not so stupid , not to know prosperity from adversity ; but he was so devout , to thinke nothing adversitie , which was not a hinderance to Devotion : He was fitter for a Priest than a King , and for a sacrifice than a Priest ; and he could not choose but dye a Martyr , who all his life had beene a Confessor . He had one immunity peculiar to himself , that no man could ever be revenged of him , seeing he never offered any man injury . By being innocent as a Dove , hee kept his Crown upon his head so long ; but if he had been wise as a Serpent , he might have kept it on longer . But all this is not sufficient , if we expresse not in particular his severall virtues : So modest , that when in a Christmas , a shew of women was presented before him with their breasts layd out , he presently departed ; saying , fie , fie for shame , forsooth you be to blame . So pittifull , that when he saw the quarter of a Traytor over Cripplegate , he caused it to be taken down ; saying , I will not have any Christian so cruelly handled for my sake . So free from swearing , that he never used other oath , but forsooth , and verily : So patient , that to one who strooke him when he was taken prisoner ; he onely sayd , forsooth you wrong yourselfe more than me , to strike the Lords annointed : So devout , that on principall Holy-dayes he used to weare sackcloth next his skinne : Once for all , let his Confe●●or be heard speak , who in ten years confession never found that he had done or sayd any thing , for which he might justly be injoyned Pennance . For which causes , King Henry the Seventh would have procured him to be Cannonized for a Saint , but that he was prevented by death● or perhaps because the charge would have been too great , the Canonization of a king being much more costly than of a private person . Of men of Note in his time . THere were men of valour in this Kings Reigne , of extraordinary eminencie ; as first , Iohn Duke of Bedford Regent of France , whom when a French Lord upbraided , that his sword was of lead ; he made him answer , and made him feel that it was of steele . Next him was Thomas Montacute Earle of Salisbury , whose very name was a sufficient charme to daunt a whole French Army . Then the next was Iohn Lord Talbot , so great a terror to the French , that when the women would still their children from crying , they would use to say , Talbot comes . Then was Richard Nevill Earle of Warwicke , so much greater than a king ; as that which makes , is greater than that it makes , and such a one was he . Many other besides these , not much inferior to these ; that we may truly say , there never was a more heroicall King of England than Henry the Fifth ; nor ever a King of England that had more heroicall Subjects , than Henry the Sixth . And though Arms and Letters seem to be of different conditions , yet they commonly grow up and flourish together ; as in this kings Reigne , were Iohn Leland sirnamed the Elder , who wrote divers Treatises for instruction of Gramarians : William White a Priest of Kent , professing the Doctrine of Wickliffe , for which he suffered Martyrdome by fire : Alexander Carpenter , who wrote a booke called Destructorium vitiorum , against the Prelates of that time : Peter Basset Esquire of the Privy Chamber to king Henry the Fifth , whose life he wrote : Iohn Pole a Priest , who wrote the life of St. Walhorayle an English woman : Also , Thom●s Walden , alias Netter , who wrote divers Treatises against the Wickliffifts : Pe●er Clerke a Student in Oxford , and a defender of Wickliffes doctrine ; for which he fled , and was put to death beyond Sea : Thomas Walsingham born in Norfolk a diligen● Historiographer : Thomas Ringstead the younger , an excellent Preacher , who wrote divers Treatises : Thomas Rudborn a Monke of Winchester , and an Historiographer : Peter P●yne an earnest professor of Wickliffes doctrine , for which he fled into ●●be●●● : Nicholas Vpton a Civilian , who wrote of Heraldry , of colours in Armory , and of the duty of Chivalry : Iohn Capgr●ve born in Kent , an Augustine Frier , who wrote many excellent Treatises , particularly the Legend of English Saints : Humphry Duke of Glocester , Protector of the Realm , well learned in Astrologie , whereof he wrote a speciall Treatise , inti●u●ed Tabula Directionum : Iohn Whethamstead , otherwise called Fr●mentariu● , Abbot of St. Alb●ns , who wrote divers Treatises ; and amongst others , a booke of the Records of things happening whiles he was Abbot , which book Holinshead had seen , and in some passages of his time followed : Roger O●l●y accused of Treason , for practising with the Lady El●●nor Cobham by sorcery to make the king away ; and therof condemned , and dyed for it : he wrote one Treatise intituled Contra ●●lgi superstitiones ; and another , De sua Innocentia : Henry Walsingham a Carmelite Frier o● Norwich , who wrote sundry Treatises in Divinity : Lidgate● Monke of Bury , who had travelled France and Italy to learne languages , and wrote many workes in Poetry : Thomas Beckington Bishop of Bath , who wrote against the Law Salique of France : Michael Trigurie born in Cornw●ll , whom for his excellent learning king Henry the Fifth made Governor of the Universitie of Ca●n in Normandy , after he had conquered it : Reynold Peacocke Bishop of Chichester , who wrote many Treatises touching Christian Religion : Robert Fleming , who wrote a D●ctionary in Greeke ●●d Latine , and a worke in verse of sundry kindes : Nicholas M●ntacute an Historiographer : Iohn Stow a Monke of Norwich , and Doctor of Divinity in Oxf●rd : Nich●l●● Bu●geie , born in a Town of Norfolke , of that name , who wrote an History called Ad●●●ti●nes Chronicorum : Robert ●als●cke , who wrote a booke De ●e Milit●ri : Thomas D●●d● a Carmelite Frier of M●rleborough , who wrote the life of Alphred king of the West-Saxons : Robert B●le , ●irnamed the Elder , Recorder of London , who gathered a Chronicle of the Customs , Laws , Foundations , Changes , Offices , Orders , and publique Assemblies of the Citie of London , with other matters touching the perfect discription of the same Citie ; he wrote other workes also touching the state of the same Citie , and the Acts of King Edward the third . THE REIGNE OF KING EDWARD THE FOURTH . EDWARD Earle of March , born at Roane in Normandy , sonne and heire of Richard Plantagenet Duke of Yorke , slaine in the battell at Wakefield , succ●eded his Father in the Right , but exceeded him in the possession of the Crown of England ; and that by virtue of an act of Parliament lately made ; wherein the said Duke of York not only was declared heire apparent to the Crown , and appointed Protector of the King and Kingdome ; but it was further enacted , that if King Henry , or any in his behalfe , should attempt the disanulling of this Act ; that then the said Duke or his heire should have the present Possession : which because his friends attempted to doe , therefore justly doth Edward Earle of March his sonne , by virtue of this act , take possession of the Crown ; and is Proclaimed king of England , by the name of Edward the fourth , through the City of London , on the fifth day of March in the yeer 1460. But before he could have leasure to be Crowned , he was forced once againe to try his fortune in the field by battell : For King Henry in the North was raising a new army ; against whom King Edward , upon the twelveth of March , marched with his forces from London , and by easie journeyes came to Pomfret Castle , from whence the Lord Fitzwater was sent to guard the passage at Ferribridge , to stop the Enemies approach that way ; King Henry likewise advanceth forward , sending his power , under the conduct of the Duke of Somerset , the Earle of Northumberland and the Lord Clifford , whilest himselfe with his Queen and Sonne stay at Yorke . The Lord Clifford very early on Palm sunday , with a troop of Northern men , fals upon those that guarded Fetribridge , and defeated them with the slaughter of the Lord Fitzwater and the bastard of Salisbury . The Earle of Warwicke hearing of this defeate , comes posting to King Edwards C●mpe , and in his presence killing his horse , Pro●ested his resolution to stand with him to the Death . Upon ●his Resolution of the Earles , the King made presently Proclamation , that all who were afraid to sight , should at their pleasure depart ; but to those that would stay , he promised good reward , adding withall , that if any that stayed , should after turn his back or flee , then he that should kill him , should have double pay . After this , he gave order to the Lord Fawconbridge , and Sir Walter Blunt , to leade on the Vaw●rd ; who in their march about Dandingdale , encountred with the Lord Clifford ; ( who formerly in cold blood had slaughtered the young Earle of Rutland ) and he being stricken into the throate with an arrow ( some say ) without a head ; and presently dying : the Lord Nevill Sonne and heire of the Earle of Westmerland was also slaine , with most of their companies , and the rest put to flight . The next day likewise ( the Duke of Norfolke being dangerously sick , to whom that place was assigned ) F●●conbridge and Blunt continue the leading of the Vaunt-guard ; and on Palm-sunday , by break of day , they came to a plaine field between Towton & Saxto● , from whence they made a full survey of king Henries Army , and certified king Edward , that the Enemy was threescore thousand strong ; where his Army was but forty thousand and six hundred : whereupon a second Proclamation was made through the Campe , that no quarter should be kept , nor prisoner taken . The Armies being both in sight , the Lord Fauconbridge gave direction to the Archers ( upon a signall by him given ) to shoote every man a flight-arrow ( for that purpose provided ) and then to fall back three strides , and stand . The Northern men in the mean time plyed their bowes , till all their sheaves were empty ; but their arrowes fell short of the Enemy by threescore yards , and not onely did no hurt to the Enemy , but did hurt to themselves ; for their arrows being spent , and comming to hand-blows , their own arrows sticking in the ground , galled their shins , and pierced their feet . Ten houres the battell continued doubtfull ; till the Earle of Northumberland being slaine , with the Lord , Beaumont , Gray , Dacres , and Wells , Sir Iohn Nevill , Andrew T●ollop , and many other knights and Esquires ; the Earles of Exeter and Somerset fled , leaving the Conquest to King Edward , but the bloodiest that ever England felt , for there fell that day six and thirty thousand seven hundred threescore and sixteen persons , no prisoner being taken but the Earle of Devonshire . The battell ended , K. Edward hastes to York , where he caused the heads of his father and other friends , to be taken down and buried with their bodies , setting in their places the heads of the Earle of Devonshire , and three other , there at that time executed . The Earle of Somerset acquainting King Henry with this overthrow , perswades him , with his Queen and Son , to flie to Barwick ; where leaving the Duke of Somerset , they flie further for succour to the King of Scots , who comforteth them with promise of reliefe , but maketh a sure bargaine ; for in lieu of a pension to be allowed King Henry during his abode there , the Towne and Castle of Barwick were delivered to him . Queen Margaret and her Sonne are sent into France , who obtained of Lewis the Eleve●th her Cosin , that all of King Edwards friends were prohibited Stay or Traffick in the French kings Dominions : but all King Henries friends might live there freely . After this , king Edward comes to London ; and upon his entrance to the Tower , makes foure and twenty knights , and the next day foure more ; and upon the 28 day of Iune , in the yeare 1461. he rode from the T●wer to Westminster , and was there Crowned in the Abby-Church . Shortly after , a Parliament is summoned , which began at Westminster the fourth of November ; In which , all Acts of king Henry the Sixth , prejudiciall to king Edwards Title , are repealed : and therein , Iohn Earle of Oxford , a valiant and wise man , ( he who in a former Parliament had disputed the question concerning the precedency of Temporall and Spirituall Barons ; a bold attempt in those dayes ; and by force of whose Arguments , Judgement was given for the Lords Temporall ) with his Sonne Aubry de Veer , Sir Thomas Tiddingham knight , William Tyrrell & Walter Montgomery Esquires , were , without answer , convicted of Treason , and beheaded . And to encourage others to well-deserving , king Edward at this time advanced many in honour : his brother George he created Duke of Clarence ; his brother Richard , Duke of Glocester ; Iohn Lord Nevill brother to the Earle of Warwicke , he made first Viscount , then Marquesse Montacu●e ; Henry Bourchier brother to the Archbishop of Canterbury , is made Earle of Essex ; and William Lord Fauconbridge , Earle of Kent . And now their new honours are presently put into imploiment ; the Earls of Essex & Kent , accompaneid with the Lords Audeley and Clinton , Sir Iohn Howard , Sir Richard Walgrave and others , to the number of ten thousand , are appointed to scowre the Seas , who landing in Britaine , took the town of Conque● , and the Isle of Ree , and then returned . At this time Henry Duke of Somerset , Ralph Percy and divers others came in , and humbly submitted themselves to king Edwards mercy ; who protested his propension of freely pardoning them , and as many other that would submit themselves as they did . All this time King Henry was in Scotland , and Queen Margaret in France ; where she obtained of the French King , a company of five hundred men ; with whom she sayled towards Newcastle , and landed at Tinmouth , but suddenly againe returned , and was herselfe by tempest beaten to Barwick , but her company was driven on the shore before Bamburg Castle ; where they set their Ships on fire , and fled to an Isl●nd called Holy Island , but were so assayled there by the bastard Ogle and Iohn Manners Esqu●re , that many of them were slaine , and almost foure hundred taken prisoners , onely their Coronell Peter Bressie h●ppened upon a Fisherman , who brought him to ●●●wick to Queen Margaret , and by her was made Captaine of the Castle of Alnewick , which he with his French-men kept , till they were resc●ed . Shortly after● Queen Margaret having gotten together a great company of Scots , and other of her friends bringing her husband with her , and leaving her Sonne at Barwick , entred Northumberland , tooke the Castle of Bamburg , made Captaine thereof Sir Ralph Grey ; and then came forward to the Bishopprick of Durham : whither resorted to her the lately Reconciled , and now againe revolted Duke of Somerset ; Sir Ralph Percy and divers others , who altogether made a competent army . King Edward hearing hereof , makes preparation both by sea and land ; and first he sends Viscount Montacute with some Companies into Northumberland ; whom he in person followeth with his whole power : The Viscount marcheth towards king Henry , and by the way encountreth the Lord Hungerford at Hegley-moore ; but he , with Lord Basse , upon the first charge , ran away , leaving Sir Ralph Darcy alone with his own Regiment , who there valiantly fighting , dyed . After this the Viscount understanding that king Henry was encamped in Levels plaine , neer the river of Dowell in Hexamshire , marcheth thither by night , and set upon him in his Campe , whose charge the Northern men receive with a desperate resolution , but were in the end with great slaughter overcome . Henry Beaufort Duke of Somerset , the Lords Basse , Molins , Hungerford , Wen●worth , Hussey and Sir Iohn Finderne knight , with many others are taken prisoners : king Henry himselfe by the swiftnes of his horse escaped , but very hardly ; for one of his Hench-men that followed him was taken , who had on his head king Henries Helmet , or as some say , his high Cap of Estate , called Abacot , garnished with two rich Crowns , which was presented to king Edward at Yorke the fourth of May. The Duke of Somerset was beheaded presently at Exam ; the other Lords and knights were had to Newcastle , and there , after a little respite , were likewise put to death . Besides these , divers others , to the number of five and twenty , were executed at Yorke and in other places . This Duke of Somerset was never married , but had a naturall Sonne named Charles Somerset , who was afterward created Earle of VVorcester . Sir Humfry Nevill , and VVilliam Tailbois calling himself Earle of Kyme , Sir Ralph Grey and Richard Tunstall with divers others that escaped from this battell , hid themselves in secret places ; but yet not so closely , but that they were espied and taken● The Earle of Kyme was apprehended in Riddesdale , and brought to Newcastle , and there beheaded , Sir Humfry Nevill was taken in Holdernesse , and at York lost his head . After this battell , called Exam-field , king Edward came to the City of Durham , and sent from thence into Northumberland , the Earle of VVarwick , the Lord Montacute , the Lords Fawconbridge and Scroope , to recover such Castles as his Enemies there held ; which they effected ; and taking in the Castle of Dunstanburg , they found in it Iohn Gois servant to the Duke of Somerset , who was brought to Yorke and there beheaded : and taking in the Castle of Bamburg , they found in it Sir Ralph Grey , whom because he had sworn to be true to king Edward , and was now revolted to king Henry● they degraded from his Order of knight-hood at Doncaster , by cutting of his gil● Spurs , renting his Coate of Arms , and breaking his sword over his head , and then beheaded him . In this mean time , king Henry ( upon what occasion , no man knows ; but onely led by the left hand of destiny ) ventring in disguise to come into England , and shifting from place to place , was at length discovered , and taken by one C●ntlow , or as others say , by Thomas Talbot sonne to Sir Edward Talbot of Bashall , who deceived him being at his dinner at VVaddington Hall in Lincolnshire , and brought him towards London , with his legs tyed under the horse belly ; in whose company were also taken Doctor Han●ing Deane of VVindsor , D. B●dle , and one Ell●rton , whom the Earle of VVarwicke met by the way , ●nd brought them all to the Tower of London ; whils● the distressed Queen with her sonne once again is driven to fly for shelter into France ; whither the new Duke of Somerse● and his brother Iohn sayled also , where they lived in great misery ; and the Earle of Pembr●●ke went from Country to Country little better then a Vagabond . At this time , king Edward , to reward his followers , distributeth the Lands and Possessions of those that held with king Henry amongst them , but first made Proclamation that whosoever of the contrary faction would come in and submit , should be received to grace and restored to their Patrimonies . In the fourth year of king Edward , in Michaelmas Tearm were made eight Serjeants at Law , Thomas Young , Nicholas Geney , Richard Neale , Thomas Brian , Richard Pigot , Ioh● Catesby and Guy Fairfax ; who held their feast in the Bishop of Elyes place in Holborn , where the Lord Grey of Ruthin then Lord Treasurer of England , was placed before the Lord Major of London , being invited to the feast , which gave such a distaste to the Major , that he presently departed with the Aldermen and Sheriff● , without tasting of their feast : and it was Registred to be a president in time to come . And now king Edward no lesse intentive to perform the Office of a king in peace , then he had been before of a Captaine in warr● , considering with himselfe that seditious and civill dissensions must needs breed disorders in a state , and that disorders bred by troubled times , are not like troubled waters , that will in time settle of themselves and recover cleernesse ; but are rather like weeds , which once springing up and let alone , will in time over run the whole gro●nd where they grow : He like a good Gardener seeks to weed them out before they grow too rank , and endeavours to make a generall reformation of abuses ; and to that end in Michaelmas Term in the second yeare of his Reigne , Three daies together he sate publikely with his Judges in Westminster-hall on the Kings Bench , to acquaint himselfe with the Orders of that Court , and to observe what needed Reformation in it , either at Bench or ●t Barre : as likewise he ordered the officers of his Exchequer , to take more moderate Fees ; and to be more intentive to the benefit of the Subject , than to their own unjust gaine : He also daily frequented the Councell Table ; which he furnished for the most part , with such as were gracious amongst the Citizens , whom he imployes about references and businesses of private consequence ; whilest mysteries o● State were intimated only to such whom he selected to be of his more private Cabinet Counsaile ; by whom , he being now of the age of three and twenty years , w●● advised that it was now time to provide for posterity , by taking a wife , and to provide also for the present time , by taking a fit wife , which they conceived to be no where so fitly found as in France ; both thereby to bury old grudges between the two Nations , and also to avert assistance from Queen M●rg●ret , the onely disturber of the State ; and this being concluded , it onely remained to make choice of a fit man for that imployment , for which none was thought so fit as Richard Nevill Earle of Warwick ; he therefore is presently sent into Fra●ce , to treate of a Marriage to be had between king Edward and the Lady Bon● , daughter to Lewis Duke of Savoy , and Sister to the Lady Carlote then Queen of Fra●ce : a Lady , no lesse for beauty and virtuous qualities , then for Nobility of blood , worthy to be a Queen . The Proposition is in Fra●ce readily embraced , and willingly assented unto on all parts . But in the mean time king Edward being hunting in Witchwood Forrest besides Stonystratford ; he chanced to come to the Manour of Grafton , where the Dutchesse of Bedford then lay , and where her daughter by Sir Richard Woodvile , the Lady Elizabeth Gr●y widdow of Sir Iohn Gr●y of Gr●vy , slaine at the last battell of St. Albans ; became a suitour to him for some lands which her ●usband had given her in Joynture ; with whose beauty and gr●cefull behaviour , king Edward was so taken , that hee presently became a Suitor to her ; and when he could not obtaine his suit by termes of wanton love , he was forced to s●eke it by terms of Marriage . And here we may well thinke there was no small c●fl●ct in King Edwards minde , between the two great commanders , Love and Honor , which of them should bee most potent ; Honor put him in minde , that it was against his Law to take to wife a meaner person than himselfe ; but Love would take no notice of any difference of degrees , but tooke it for his Prerogative to make all persons equall ; Honour pe●swaded him that it stood him much upon to make good the Ambassage , in which he had sent the Earle of Warwicke to a great Prince ; but Love perswad●d him that it stood him more upon , to make good the Ambassage sent to himself from a greater Prince : In conclusion , it appeared to be true which one observes , Improbe ●mor quid non mortalia pectora cogis ? what is it that love will not make a man to do ? Whether it be , that love brings upon the minde a forgetfulnesse of all circumstances but such as tend to its own satisfaction ; or whether it be that love is amongst passions , as oyle amongst liquors , which will alwayes be supreme and at the top ; Honour may be honoured , but love will be obeyed : And therefore king Edward , though he knew no Superior upon Earth , yet he obeys the summons of Love ; and upon the first day of May , marries the sayd Lady Gray at Grafton ; the first of our kings since the Conquest that married his Subject : At which marriage none was present but the Dutchesse of Bedford , the Priest , two Gentlewoman , & a yong man to helpe the Priest at Masse : the yeare after , with great solemnity she was Crowned Queen at Westminster . It is not unworthy the relating the Speech which king Edward had with his Mother , who sought to crosse this ma●ch : Where you say ( saith he ) that she is a widdow , and hath already children ; by Gods blessed Lady , I am a Batchelour , and have some too , and so each of us hath a proofe , that nether of us is like to be barren ; And as for your objection of Bigamy , ( for his mother had charged him with being contracted to the Lady Elizabeth Lucie ) Let the Bishop ( saith he ) lay it to my charge when I come to take Orders , for I understand it is forbidden a Priest , but I never wist it was forbidden a Prince . Upon this marriage , the Queens Father was created Earle Rivers , and made High-Constable of England ; her brother the Lord Anthony , was married to the sole Heire of the Lord Scales , and by her had that Barony ; her Son sir Thomas Gray was created Marquesse Dorset , and married Cicelie , heire to the Lord Bonvile . It may be thought a h●ppy fortune for this Lady to be thus marched ; but let all things be considered , and the miseries accruing to her by it , will be found equivalent , if not over-weighing all the benefits : For first , by this match she drew upon her selfe the envy of many , and was cause that her Husband fled the Realm , and her selfe in his absence glad to take Sanctuary , and in that place to be delivered of a Prince , in a most unprincely m●nner . After which , surviving her husband , she lived to see her two Sonnes most cruelly murthered ; and for a conclusion of all , she lived to see her selfe confined to the Monastery of Berdmondsey in Southwarke , and all her goods confiscate by her own Son in Law. And n●w the Earle of Warwicke at his return , found that knot tyed in England , which he had laboured to tye in France : His Ambassage frustrated , the Lady Bona deluded , the king of France abused , and himselfe made a stale , and the disgracefull instrument of all this ; which although he resented in a high degree , yet he had not been a Courtier so long , but in that time he had sufficiently learned the Art of dissembling ; he passed it over lightly for the present , but yet carried it in his minde till a fit opportunity ; and thereupon procures leave to retire himselfe to his Castle of Warwicke . King Edward in the meane time , having just cause to suspect hee had made the French his enemies , seeks to make other Princes his friends : He enters into a League with Iohn king of Aragon ; to whom he sent for a Present a score of Cotsall Ews , and ●ive Rams , a small Present in shew , but great in the event ; for it proved of more benefit to Spain , and of more detriment to England than could at first sight have been imagined . And to secure himselfe at home , he tooke truce with the king of Scots for fifteen years . And where he had married before his two Sisters , Anne the eldest to Henry Holland Earle of Exeter ; and Elizabeth to Iohn de la Poole Duke of Suffolke ; he now matched Margaret his third Sister , to Charles Duke of Burgoigne ; which proved a greater assistance to him , than that which he had lost in France . By this time the Earle of Warwickes spleen began so to swell within him , that hee could no longer containe it ; and having with much adoe drawne to his party his two brothers , the Archbishop of Yorke , and the Marquesse Montacute ; he seek● also to draw in the kings two brothers , the Duke of Clarence , and the Duke of Glocester ; but he found Glocester so reserved , that he durst not close with him ; the Duke of Clarence he found more open , and to him he addresseth himselfe , complaining of the disgrace he had sustained by the king , in his employment into France , and other wrongs : to whom the Duke presently made answer , in as great complaint of his brothers unkindnesse to himself ; saying , he had married his Wives brother Anthony to the heire of the Lord Scales , and her Son Thomas to the heire of the Lord Bo●vile , but could finde no match of preferment for him being his own brother : And upon this agreement in complaints , they agree to joyne against king Edward ; and to make the knot the firmer , the Duke of Clarence takes to wife Isabel the Earle o● Warwicks Daughter , and with her hath assured unto him halfe of the Lands the E●●l held in right of his Wife , the Lady Anne , Daughter of Richard Beauchamp Earle of W●rwicke deceased . Upon this marriage , the Earle of Warwicke discovered to hi● what hitherto he had concealed ; concerning his project for the restoring of k. H●nry ; to which Clarence gave approbation , with promise to assist him in it to his uttermo●● . At this time , Sir Thomas Cooke late Major of London , was by one Hawkins appeached of Treason , for the which he was sent to the Tower , and his place in Londo● seized by the Lord Rivers . The case was this ; the sayd Hawkins came to Sir Thomas , requesting him to lend a thousand Marks upon good surety ; who answered , he would first know for whom it should be , and for what intent ; and understanding it should be for the use of Queen Margaret , he refused to lend a penny . The matter rested two or three years , till the sayd Hawkins was layd in the Tower , and brought to the Brake , called the Duke of Exeters Daughter ; by means of which paine , hee confessed amongst other things , the motion he had made to Sir Thomas Cook● , and accused himselfe so farre , that hee was put death . Sir Thomas Cooke lying in the Tower from Whitsuntide till Michaelmas , had his place in Essex named Gyddihall , spoyled , his Deere in his Parke destroyed ; and though arraigned upon life and death , he were acquitted of the Indictment ; yet could not be delivered till he had payd eight thousand pounds to the king , and eight hundred to the Queen . And now the Earle of VVarwicke sendeth to his brothers the Arcbbishop and the Marquesse , to prepare all things ready to set on foot the intended revolt from king Edward , and to procure some rebellious commotion in the North , whil'st he and his new Son in law would provide to goe forward with the worke ; which they accordingly did in Yorkeshire , an occasion being taken for the breach of an ancient custome there , to give to the poore people of St. Leonards in the City of Yorke , certain quantities of Corn and Grain . This commotion the Archbishop and the Marqu●sse underhand fomented ; yet to colour the matter , the Marquesse opposed the Rebels , and cut off the head of Robert Huldorne their Captain ; but his head being cut off , the Rebels got them other Captains ; Henry , Son and heir to the Lord Fi●zhugh , and sir Henry Nevill Son to the Lord Latimer ; the one the Neph●w , the other ● Cozen-germane to the Earle of VVarwicke , with whom they joyne the valiant Captaine Sir Iohn Conyers : These when they could not enter Yorke , came marching towards London , all the way exclaiming against king Edward as an unjust Prince , and an usurper . King Edward hearing of this commotion , sends Sir VVilliam Herbert , whom of a meane Gentleman , two years before , he had made Earle of Pembrooke , and his brother sir Richard Herbert , together with the Lord Stafford of Southwick to suppresse the Rebels ; and they with an Army of seven thousand , most Welchmen , march towards them ; but the Lord Stafford being put from his Inne where he used ●o lodge , by the Earle of Pe●brooke , tooke such a distaste at it , that he withdrew his Arche●s , and gave over the businesse ; yet the Earle of Pemb●ooke though thus for●●●en , with his own Regiment encountred the Rebels , slew Sir Henry Nevill , and divers others● when being upon the point of victory , one Iohn Clappa● a servant of the E●rle of VVarwicke , comming in with five hundred rascally fellows , and crying aloud , a W●rwicke , a Warwicke ; the Welchmen supposing the Earle had beene 〈◊〉 , turned presently their backs and fled ; five thousand of them were slain , the E●●le of Pembr●●ke himselfe , and his much lamented brother Sir Richard Herbert , a most goodly personage , were taken prisoners , brought to Banbury , where both o● th●● , with ten other Gentlemen were put to death . And now the Northamptonshire men joyning with the Rebels , in this fury , made them a Captain named Robert Hilla●d , but they named him Robin of Riddesdale , & suddenly came to Grafton , where they tooke the Earle Rivers father to the Queen , and his sonne Sir Iohn Woodvile ; brought them to Northampton , and there without Judgement beheaded them . King Edward advertised of these mischances , wrote to the Sheriffs of Somerset-shire and D●v●●-shire to apprehend the Lord Stafford of Southwick , ( who had treacherously ●●●saken the Earle of Pembrooke ) and if they could take him , to put him to death ; who being soon after found in a Village within Brentmarsh , was brought to Bridge●a●er , and there beheaded . After this battell fought at Hedgecote , commonly called B●●bury field , the Northern men resorted to Warwick , where the Earl with great joy received them ; and hearing that king Edward with a great army was comming thither , he sent for his sonne in Law the Duke of Clare●ce , with all speed to repaire ●●to him ; who joyning together , and using means cunningly , by having some co●●●nication of Peace , to make the king secure , and to take little heed of himself●● they took advantage of his security , and in the dead of night set on his Campe , and killing the watch , before the king was aware , at a place called Wolney foure miles from Barwick , they took him prisoner in his bed , and presently conveyed him to Middleham Castle in Yorkeshire , to be there in safe custody with the Archbishop of Yorke . And now they had the Prey in their hand , if they had as well looked to ke●p it , as they had done to get it : but king Edward , whether bribing his Keepers , or otherwise winning them by faire promises , got so much liberty , sometimes for his re●reation to goe a hunting ; by which he caused Sir William Stanley , Sir Thomas of 〈◊〉 and divers of his friends , at a certaine time to meet him , who took him from hi● Keepers , and set him againe at liberty : whil'st the Earle of Warwicke nothing doubting his brother the Archbishops care in safe keeping him , & thinking the brunt of the warres to be now past , dismist his Army , and intended only to finde out King Henry● who was kept a prisoner , but few men knew where . King Edward being now at liberty , posteth to York , and from thence to Lanca●●e● ; where his Chamberlaine the Lord Hastings had raised some forces , with which he marcheth to London , aud is there joyfully received : The Earle of Warwick likewise sends to his friends , and makes preparation for a new army ; whil'st in the me●n time , by mediation of divers Lords , an enterview in VVestminster-hall is agreed upon ; and solemn Oath taken on both sides for safety , between King Edward , the Duke of Clarence , and the Earle of Warwicke ; but each party standing strictly upon terms tending to their own ends ; they parted as great Enemies as they met : and so from thence the K. went to Canterbury , the Duke and the E. to Lincolne : whither they had preappointed their forces to repaire , under the Conduct of Sir Robert W●l● , Son & heir of the L. Wels , a man of great valour and experience in the wars : K. E●●●rd , to take off so able a man from the Earles part , sends for his Father the L. Wels to come unto him ; who taking with him , his Son in Law Sir Thomas Dymock , and comming to attend the Kings pleasure , was told by his friends how wonderfully the King was incensed against them : whereupon for their safety , they take Sanctuary at Westmi●ster . But upon the Kings Princely word , they come unto him , who comm●ndeth the Lord Wells to write to his Sonne , to desist from adhering to the Ea●le of Warwicke , which the Lord Wells accordingly did : but Sir Robert Wells notwiths●●nding his Fathers letters , continuing firme to ●he Earle still , so much incensed King Edward , that he caused both his Father and Sir 〈◊〉 Dymock to be behe●ded . He supposed perhaps , that the Lord W●lls was himself underhand a friend to the Earl , and had not dealt sincerely with him , in procuring his Sonne to leave that party . But now Sir Robert Wells seeing the King draw neer to Stamford , where he had pitched his Tents , and hearing of his Fathers beheading , was much distracted what to doe : to decline b●ttell with the King , he thought would shew too much feare ; and ●o give him battell before the E●rle of Warwicke were come with his forces , would shew too much boldnesse ; But his Veines were so filled with a desire of revengi●● his Fathers death , that he thought he could never shew boldnesse enough ; and thereupon encountring with the Kings Army , farre greater ●hen his own , opprest with multitude was taken prisoner , together with Sir Thomas de L●●d and divers others ; who presently in the place were put to execution : as soone as Sir Robert W●ll● was taken , the Lincolneshir● men to make themselves the lighter to run away , threw off their Coates , for which cause , this battell was afterward called L●se-●oate-field , in which , it is reported , were slaine above ten thousand men . The Earle of Warwick 〈◊〉 of this De●eate , and not having present 〈…〉 raise an army sufficient to oppose king Edward● when he could by no means dr●● the Lord Stanley to his party , he determined to sayle into Fr●●c● , and hyring ships at Dartmouth in Dev●●●●ire , he with his sonne in Law the Duke of Clarence , 〈◊〉 their wives , took to Sea ; and thinking to land at C●lli●e , of which Town he hims●●●● was Captaine , he was by the Lord V●●cleere a Gascoigne , whom he had left his Deputy there , repelled ; and with so great inhumanity , that the Dutchesse of Clar●●●● who was then in labour , was faine to be delivered in the ship , ( all the courtesie 〈◊〉 th●● distresse shewed , was only to send a flaggon or two of wine , ) which fact of V●●cleeres when king Edward heard of , he was so well pleased with it , that he presently sent him a Patent to be Captaine of the Town himself : and the Duke of 〈◊〉 for the same service , sent unto him Philip de Comi●es ( who hath written the History of these times ) with a grant of one thousand Crowns pension during his life . Never man was beter paid for one act of di●sembling ; for the truth was , Prae 〈◊〉 excl●sit for●● , it was out of his love , that he suffered him not to enter the Town , for he knew there were many great ones in it so addicted to king Edward , and so maliciously bent against the Earle , that if he or any of his company should have come , they would in all likelihood have done them some mischiefe : And hereof he made a good proofe soon after : for when the Earle took to sea again , the Lord 〈◊〉 sent him word , he should take heed where he landed ; for that the Duke of 〈◊〉 lay in waite to take him ; which advertisement did the Earle more good , then the keeping him out of Callice did him hurt . The Earle upon this advertisement , ●●●ded at D●epe in Nor●a●die , whereof when king Lewis heard , he sent and invited him to come to his Court at Amboi● , where he received him with no lesse honour , than ●f he had been a king . In the mean time king E●●ard made enquiry for all such as were ayders to the Earle of Warwick● of whom some were apprehended as guilty , some fled to Sanctuary , and some submitted to the kings mercy ; as Iohn Marquesse Mo●●●cute , whom he courteously received . Queen Margare● , who at this time sojourned with Duke Rayner her father , hearing of the Earle of Warwicks arrivall , with her Son Prince Edward , came to Ambois , and with her also came Iasper Earle of Pembrooke , and Iohn Earl of Oxford , lately escaped out of prison and fled into France ; between whom a new Combination is made ; and for a foundation of firme ami●ie , king He●ries sonne Prince Edward , marries Anne the Earle of Warwicks second daughter : after which marriage , the Duke of Clarence and the Earles took a solemn Oath , never to leave the warre till either king Henry or his sonnne Prince Edward were restored to the Crown● But notwithstanding this Oath , this marriage put new thoughts into the Duke of Clarence his minde , casting with himselfe that the issue of it could be no lesse then the utter extirpation of the house of Yorke : whereupon , making faire shew still to his Father in Law the Earle of Warwicke , he underhand fals off , and secretly gives advertisement to his brother king Edward of all their proceedings . And now the Earle of VVarwicke having been six months in France ; in this time he had 〈◊〉 from the king of France , both ships , and men , and money , and receiving 〈◊〉 out of England , that many Lords and others were ready to adventu●e their lives in his qua●rell , if he would come , ( for the people generally held him in such 〈◊〉 , that they thought the Sunne was taken from the world , when he was 〈◊〉 and this in great part for his gre●t Hospi●ality , who it is said , used to spend ●spam● a breakf●st ) he with the Earles of Oxford and Pembrooke took to 〈◊〉 ; and though the Duke of B●rgoigne had a Fle●● at sea , to in●ercept him ; ye● his Fleet be●●g by ●empest scattered , and king Edw●rd●rusting ●rusting to that Flee● , having provided no other● the Earle had a quiet passage to land at Dar●mouth in Devonshire , whe●e being landed , he made Proclamation in king He●ry the six●h● name , that all good Subj●ct● should prep●re to fight against king Edward , who contrary to Right had usurpe●●he Crown : Upon which Proclamation , it is scarce to be believed , how m●ny tho●●●nds of men resorted to him ; with which fo●ces , he made towar●s Lo●don : upon notice of whose approach , on the Sunday next after 〈◊〉 day , one Doctor G●ddard a Chaplaine of Hi● , preaching at Paul● Cross● , did so s●t fo●th his Earles pious intention , that many of his auditory were moved to favour the Earle : proceeding : insomuch , that the M●rquesse Montacu●e , who had in king Edwards beh●lf , 〈◊〉 six thousand men about London , found them all inclinable to goe with him 〈◊〉 the Earle of VVarwick , and accordingly w●nt and joyned with him . King Ed●●rd h●●ring of the great flocking of people to the Earle , sent forth letters into all parts of the Realme for raysing an army ; but few came , and those few , with no great good will : which when he perceived , he began to doubt his case ; and thereupon ●●co●panied with the Duke of Glocester his brother , the L. Hastings his Chamber●●●●● , ( who having married the Earle of VVarwick● sister , yet co●tinued ever true to 〈◊〉 Edward ) and the Lord Scales brother to the Queen ; he departed into Li●col●shire , and c●mming to Lyn , he found there an English Ship , and two Hul●s of Holland ready to make sayle : whereupon he , with the forenamed Lords , and about seven or 〈◊〉 hundred persons entred the Ship , having no provision with him but only the apparell they wore ; and so bare of money , that he was faine to reward the Master of 〈◊〉 Ship with one of his Garments : and thus making course towards the Duke of 〈◊〉 Country , they were presently chased by eight great Ships of Easterlings , op●n Enemies both to England and France ; which drove him before a Towne in the Country called Alquemare , belonging to the Duke of Burgoigne : where by ch●nce , the Lord Grunture Governour of that Country , at that time was , who defended them from the Easterlings , and brought them to the H●ge in Holland , where they had all things ministred to them , by order from the Duke of Burgoigne . At this time , upon news of the Earle of VVarwick● approach , Queen Eliz●beth fo●saketh the Tower , and secretly taketh sanctuary at VVestminster , where in great p●nury forsaken of all her friends , she was brought a bed of a sonne called Edward , who like a poore mans childe was Christened ; the Godfathers being the Abbot and P●y●r of Westminster , and the Lady Scroope Godmother . And now the Earle of Warwicke entring the Tower , removes king He●ry out of his hold of durance , whe●e he had been almost nine years , into his own lodging , where he was served according to his Estate ; which the Ear●e did more congratulate , then t●e king himselfe . Upon this sixth day of October , king Henry accompanied with ●he Archbishop of Yorke , the Pryor of S. Iohns , the Bishop of London , the Duke of Cl●rence , the Earle of Warwicke and other Noblemen , apparelled in a long gown of ●lew Velvet , was conducted through London , ●o the Bishops Palace where he rested ●ill the thirteenth of ●hat moneth , on which day he went in solemne proces●●●●●bout Paul● Church , wearing his Imperiall Crown ; the Earle of War●ick bearing up his trayne ; and the Earle o● Oxford the sword before him . The next day , in all usuall places about London , king Edward was Proclaimed an Usurper , 〈◊〉 all his partakers Traytors to God and the king ; whereof Iohn Lord Tip●of● Earle of Worcester , as a partaker with king Edward , was made the first example . Thi● Lord had been Lievtenant for King Ed●ard in Ireland , where having done something 〈◊〉 which he fled , he was afterward found on the top of a high Tree , in the Forres● of VV●●bridge , in the County of 〈◊〉 ●nd being there taken , was brought to Lo●do● , Attain●ed , and 〈…〉 the Tower hill , and af●er buried at the Blackfry●rs . About this time happen●● 〈…〉 to be related : Sir Willi●● H●●kesford knight● one of 〈…〉 Jus●i●●s ●t the L●w● who dwelt at Anno●y in D●vo●s●ire , a man of grea● 〈◊〉 , and ●●ving no so●ne , ●he Lord Fitz●a●re● , Si● Io●● S●●●●eger , and Sir Willi●● 〈◊〉 m●rried his d●ughte●● , and were his heires● This m●n grew into such ● deg●●● of Melancholy● th●t one 〈◊〉 he called to him the Keeper of hi● Par● , ch●●ging him 〈◊〉 n●gligence , in suffering his Deere to be stoln : and thereupon comm●nded him , ●hat if he met any man in his circuit in the night-time , that would not stand or 〈◊〉 he sho●ld not spar● to kill him whatsoever he were● The knight having th●● la●d hi● found●tion , and meaning to end his dolefull dayes ; in ● certaine darke night se●●●●ly conveyd himselfe out of his house , ●nd walked alone in his P●r● . The Keeper in hi● night-walk ●e●ring one stirring , and comming towa●ds him , asked , who was there ? but no answer being made , he willed him to stand● which when he would not doe , the Keeper shot and k●lled him , and comming to see who he was , fo●●d him to be hi● Master . On the twentieth d●y of 〈◊〉 , a P●rli●ment is held at VVestmi●ster , wherein King Edward and all his p●rtak●●●●re ●ttain●ed of high Treason , and al● their Lands and Goods seized on to King 〈◊〉 use . Ge●●ge Pl●●t●gene● Duke of Clarence , is by authority of this Parliament , adjudged heire to Richard Duke of Yorke his father , and that Dutchy setled upon him and his heires , notwithstanding the Primogeniture of Edward : upon him also wa● entailed the Crown of England , in case heires males of the body of King He●ry f●iled . Iasper Earle of Pembrooke , and Iohn Earle of Oxford , are fully restored ●o their Lands ●nd Honour● and VVa●wick and Cl●rence are made Governours of the King and kingdome● To this Parliament came the M●rquesse Montacute , e●cusing himselfe , that ●or ●eare of dea●h he had taken King Edwards part , which excuse was accepted . Que●n Margaret i● sent for into France , but by reason of contrary windes was kept back all that Winter . About this time , Iasper Earle of Pembrooke going into VVales to view his lands in Pembrookeshire , found there the Lord Henry , borne of Margaret the onely daughter and heire of Ioh● the first Duke of Som●rset , not being then full ten years of age , kept in manner like a captive , but honourably brought up by the Lady Herbert ; him he brings with him to Lo●do● , and p●esents him to King Henry ; whom when the Ki●g had a good while beheld , he said to the Lords about him : Loe , this is he , to whom both we and our adversaries , leaving the possession of all things , shall hereafter give place . Which if it be true , It shews a very Propheticall Spirit to have been in King Henry ; that could so long before● foretell a thing so unlikely to happen : for this was he , that was afterward King H●●ry the Seventh , before whom at that time there were many lives in being , of bo●h the hous●● of Yorke and L●ncaster . Shortly after this , by the Duke of Burgoignes means , King Edward is furnished with eighteen tall ships , two thousand Dutchmen , and fifty thousand florens of gold ; and thus furnished , he took to Sea , and landed at Ravenspurre in Yorkeshire , where he found but cold entertainment ; neverthelesse he made a wary march to Yorke , where likewise he found no great expression of welcome , so as he was forced to change his pretence , swearing deeply and receiving the Sacrament upon it , that he came not to disturbe King Henry , but only to recover his own inheritance ; and for the more shew thereof , wearing an Estrich● feather , Prince Edwards livery ; which ●roposition seemed so ●easonable , that many who resisted him before , were as ready to assist him now : and if he be blamed for breaking his Oath ; it must be considered , It was Reg●i causa , to recover his Kingdome , which perhaps was the Inheritance he meant , when he took his Oath , that he intended nothing , but to recover his Inheritance : and so he brake not his Oath neither . From Yorke he marched towards Wakefi●ld and Sendall , leaving the Castle of Pomfret upon his left hand● where the Marquesse Montacute with his Army lay , but did not offer to stop him : From Wakefield he came to Do●caster , and from thence to Nottingham , where there came to him Sir William Parre and Sir Iames Harrington with six hundred men ; also Sir Thomas Burgh and Thomas Montgomery with their aydes , who caused him to make Proclamation in his own name : affirming ●hey would serve no man but a King. From Nottingham he came to Leicester , where three thousand able men , and well armed came unto him : From Leicester he came before the wals of Coventry ; into which City the Earle of Warwick had withdrawn himselfe , keeping himselfe close therein , with his people , being about six or seven thousand men ; three dayes together king Edward provoked him to come forth to battell ; but he stayed for more forces , and would not doe it : whereupon King Edward marched forward to Warwicke eight miles from Coventry , thinking thither at least he should have drawne the Earle of VVarwicke , but neither would that doe it : Indeed the Earle looked for the comming of the Duke of Clarence , with twelve thousand men to joyn with him , but that expectation proved vaine , for the Duke was now fully reconciled to his Brother King Edward , and brought all his forces to joyn with him ; onely he sought to make amity between King Edward and the Earle : but though King Edward offered generall Pardon , and other faire conditions ; yet none would please the Earle , without restoring of King Henry . But now to repaire the defection of the Duke of Clarence , there came to the Earle of VVarwick at Coventry ; the Earle of Oxford , the Duke of Exceter , and the Marquesse Montacute , by whose comming that side was not a little strengthened ; yet all this ayde would not make the Earle of VVarwick to come to battell : whereupon King Edward marched forward towards London : Both sides seek to make London their friend ; the Earle of VVarwicke sends to his brother the Archbishop of York to labour in it ; who thereupon caused king Henry to mount on h●●seback , and to ride from Pa●ls through Cheape down Walbrooke , supposing that this shewing of the king , would have allured the Citizens to assist him : but this device prevailed little , brought not in above seven or eight thousand men , a small proportion to withstand king Edward ; and when the Archbishop of York saw this backwardnes in the Citizens , or rather indeed an inclination to king Edward , he secretly sent to him , to receive him into grace ; which upon Promise to continue faithfull hereafter , he obtained . The eleventh of April in the year 1471 , and the eleventh of his Reigne , king Edward made his entry into the City of London , ryding first to Pauls Church , and from thence to the Bishops Palace , where the Archbishop of York presented himselfe unto him , and having king Henry by the hand , delivered him to king Edw●rd ( six moneths after his readeption of the Crown ) and then king Edward being seized of his person , went from Pauls to Westminster , and there gave God most hearty thanks for his safe return . The reasons alleadged hereby Philip Comines for the Citizens receiving of king Edward , seeme scarce worthy of so good an Authour : one cause ( saith he ) was , because king Edward being extreamly indebted in the City , if they had not received him , they should have lost their debt ; another , because he had won the love of many Citizens wives , who importuned their husbands to receive him . The Earle of Warwicke having intelligence that king Edward was received into Lo●don , and king Henry delivered into his hands ; marched out and encamped at St. Alban● , and after some refreshing of his Army , removed towards Barnet , and in a large plaine there , called Gl●dmore heath , pitched his Campe ; which king Edward hearing , on Easter Eve the thirteenth of April , he marched forth , and came that evening to Barnet , where he would not suffer a man of his Army to stay in the town , but commanded them all to the field , and lodged with his Army more neer to the Enemy then he was aware , by reason of a Myst , ( raised some say , by one Bungey a Conjurer ) which made it so darke , that it could not be well observed where they were encamped . In taking his ground , he caused his people to keep as much ●i●ence as was possible , thereby to keep the enemy from knowing of their approach● Great Artillery they had on both parts , but the Earle more then the King ; and therefore in the night time , they shot from his Campe almost continually , but did little hurt , because they still overshot them , as lying neerer then was conceived . On Easter-day , ●arly in the Morning , both Armies are ordered for battaile ; The Earle of Warwick appointed the Command of the Right wing , which consisted of Horse , to his brother the Marquesse Montacute , and the Earle of Oxford ; The Left wing consisting likewise of horse , was led by himselfe and the Duke of Exceter ; and the main Battell consisting of Bills and Bows , was conducted by the Duke of Somerset . On the kings part , the Vaward was commanded by the Duke of Glocester ; the battell ( in which was king Henry ) was led by king Edward himself ; and the Lord H●stings brought on the Reere . After exhortations for encouragement of their S●uldiers , the fight began ; which with great valour was maintained by the space of six hour●s , without any apparent disadvantage on either side ; onely the Earles Vaward , by the valiancy of the Earle of Oxford , seemed somewhat to over-match the kings ; which made s●me flying towards London to carry news , that the Earle of Warwick had wonne the field ; and he had perhaps done so indeed , but for a strange misfortune which happened to the Earle of Oxford and his men ; for they having a Starre with streams on their liveries , as king Edwards men had the Sunne , the Earle of Warwicks men , by reason of the Myst , not well discerning the badges so like , shot at ●he Earle of Oxfords men , that were on their part : whereupon the Earle of Oxford cryed , Treason ! and fled with eight hundred men . At length after great slaughter made on both side● , king Edward having the greater number of men , ( as some write , though other say the contrary ) caused a new power of fresh men ( which he had kept of purpos● ) to come on : which the Earle of Warwick observing , being a man of an invincible courage , nothing dismaied , rushed into the midst of his enemies , where he adventured so ●arre , that amongst the preasse he was stricken down and slaine . ( Though some write , that the Earle seeing the desperate estate of his Army , leapt on a horse to fly ; and comming to a Wood where was no passage , one of king Edwards men came to him , killed him , and spoyled him to the naked skin . ) The Marquesse Montacute , thinking to succour his brother , lost likewise his life , and left the Victory to king Edward . On both sid●s were slaine , as Hall saith , ten thousand at the least ; Fabian saith , but fifteen hu●dred , but then he means onely of the kings side . Upon the kings part were slaine the Lord Cromwell , the Lord Say , the Lord Montjoyes Sonne and heire , Sir Humfry Bo●rchier sonne and heire to the Lord Berners , and divers other knights and gentlemen . On the Earls part were slaine , the Earle himselfe , the Marqu●ss● Montacute , and three and twenty knights , of whom Sir William Tyrrell was one . The Duke of Somerset , and the Earle of Oxford fled into VVales , to Iasper Earle of Pembro●ke . The Duke of Exceter being strucken down , and so wounded that he was left for dead , amongst other the dead bodies , because he was not k●own ; but comming to himselfe , he got up , and escaped to VVestminster , and there took Sanctuary . The dead bodies of the Earle and Marquesse were brought to London in a Coffin , and by the space of three dayes lay open-faced in the Cathedrall Church of St. Paul , and then buried with their Ancestours , in the Priory of Bissam . This Earle of VVarwick was Richard Nevill , sonne and heire of Richard Nevill Earle of Salisbury , who married the daughter of Richard Beauchamp the sixth Earle of Warwick , and in her right was Earle of Warwick , in his own , of Sali●bury : he was also Lord Monthermer , great Chamberlaine , and high Admirall of England , Lord Warden of the North Marches towards Scotland , and high Steward of the Dutchy of La●caster : he had issue two Daughters , Isabell married to George Duke of Clarence ; and Ann● , ●●rst married to Prince Edward king Henry the sixths Sonne , and after to Richard Duke of Glocester . Wee may here observe a Constellation of disastrous influences , concurring all to the overthrow of this great Warwicke ; whereof , if any one had been missing , the wheele of his fortune had perhaps not turned : For if the City of Yorke had not too credulously believed king Edwards Oath , not to d●sturbe king Henry ; or if the Marquesse Mo●tacute had stopped ( as he might ) his passage at Pomfret ; or if the Duke of Clarence had not at the very point of the battell at St. Albans , deserted his party and joyned with king Edwards● or if Qu●en Margaret had not by tempest been kept from comming into E●gla●d in time ; or if the Londoners had not been retrograde and deceived his expectation , he had never perhaps been overthrown as he was : But Fata viam invenient ; destiny will finde waies that were never thought of , will make way where it findes none ; and that which is ordained in heaven , shall be effected by means of which Earth can take no notice . Queen Margaret , when it was too late , accompanied with Iohn Longstrother Prior of Saint Iohns , and the Lord Wenlock , with divers Knights and Esquires tooke shipping at Harflew , the foure and twentieth of March , but by tempest was kept back till the thirteenth of April ; and then with her sonne Prince Edward , shee landed at Weymouth , and from thence went to an Abby hard by called Ceern , and then to Bewly in Hampshire , whither there came unto her Edmund Duke of Somerset , and Thomas Courtney Earle of Devonshire , with divers others ; amongst whom , it is resolved once more to try their fortune in the field ; but then the Queen would have had her sonne Prince Edward to be sent into France , there to remaine in safety , till the next battell were tryed ; but they being of a contrary minde , and specially the Duke of Somerset , shee at length consented , though afterward she repented it . From Bewly she with her sonne and the Earle of Somerset passeth on to Bristow , intending with what power they could raise in Glocestershire , to march into Wales , to joyn with I●sper Earle of Pembrooke , who was there making preparation of more forces . King E●ward hearing of these things , resolves to crosse this Conjunction , and followes Queen Margaret with a great Power so close , that neere Tewkesbury in Glocestershire he overtakes her forces , who resolutely turn and make head against him ; where Somerset , on the Queens part , leading the Vaunt-guard , performed the part of a valiant Commander ; but finding his souldiers thro●gh wearines begin to faint , and that the Lord Wenlock , who had the conduct of the battaile on the Queens part , moved no , the rode unto him , and upbrayding him with cowardise or treachery , never staid , but with his Pollaxe beat out his brains ; and now before he could bring in his men to the rescue , their Vaward was routed , and Iohn Earle of Devonshire , with above three thousand of the Queens part were slaine : The Queen her selfe , Iohn Beaufort the Duke of Somersets brother , the Prior of Saint Iohns , Sir Gervis Clifton and divers others were taken prisoners ; all which except the Queen , were the next day beheaded . At which time Sir Richard Crofts presented to king Edward king Henries Son Edward , whom he had taken prisoner ; to whom king Edward at first shewed no uncourteous countenance ; but demanding of him , how he durst so presumptuously enter into his Realm with Arms ? and he answering , though truly , yet unseasonably , To recover my Fathers Kingdome and Heritage ; King Edward with his hand thrust him from him , or ( as some say ) strooke him with his Gantlet , and then presently George Duke of Clarence , Richard Duke of Glocester , Thomas Grey Marquesse Dorset , and William Lord Hastings standing by , fell upon him in the plac● , and murdred him . His body was homely interred with other ordinary Corpses , in the Church of the Monastery of the Black-fryers in Tewkesbury . After the Victory thus obtained , king Edward repaired to the Abbey Church of Tewkesbury , to give God thankes for his good successe ; and finding there a great number of his enemies , that were fled thither to save themselves , he gave them all free Pardon ; onely Edmuud Duke of Somerset , 〈◊〉 Longstrother Pryor of Saint Iohns , Sir Thomas Tressham , Sir Gervi● Clifton and divers other Knights and Esquires , who were apprehended there , and brought before the Duke of Glocester , sitting that day as Constable of England , and the Duke of Norfolk as Marshall , were all arraigned , condemned and judged to Dye , and accordingly upon the Tuesday being the seventh of May , they were all , and twelve other knights more , on a Scaffold set up in the middle of the Town , beheaded , but not dismembred● and permitted to be buried . The same day Queen Margaret was found in a poore house of Religion , not farre from thence , into which she was fled for safeguard of her life ; but she was after brought to London , and there kept a Prisoner , till her Father ransomed her with great summes of money . This was the last pitcht battell that was fought in England , in king Edward the fourths dayes , which happened on the fourth of May , being Saturday , in the Eleventh yeere of his reigne , and in the yeere of our Lord 1471. King Edward being assured , that as long as any partakers of king Henry lived and were at liberty , he should never be free from plots against his life ; sent Roger Vaugha● , a Gentleman much reckoned of in his own Country , to entrape Iasper Earle of Pembrooke , who had escaped from the last encounter : but he having notice of the plot before , prevented it by striking off Vaughans head . After these great Clouds were thus dispersed , there arose a little Cloud , which gave the Realme , at least the City of London no small disquiet . For now , Thomas bastard Fa●conbridge , who had been imployed by the Earle of Warwick to scowre the Seas , hearing of these defeats ; having enriched himselfe by Piracy , gathered together an Army of seventeen thousand men , and comming to London , imp●riously commanded admission into the City , and releasement of King Henry out of prison : but being denyed entrance , and hearing that king Edward with a great power was comming towards him , he brings up his shipping to Saint Katherines , and taking with him his most desperate men , with them he marcheth to Kingston-bridge , but finding that bridge broken down , and all the places of passage guarded , he withdrew his forces into Saint Georges field , from whence he prepared to assault the City of London ; for the effecting whereof , he landed all his ship Ordinance , and planted them all alongst the Banks-side , with which he battered down many houses , and much annoyed the City ; but the Citizens on the other side , lodged their great Artillery against their Adversaries , with which they so galled them , that they durst not abide in any pla●e alongst the water side , but were driven even from their own Ordinance : Then he appointed his men to set fire on the bridge , and withall caused three thousand to passe over the Thames , and some of them to assault Aldgate , and some Bishopsgate , but were in all places , by the industry of the Citizens repelled , and chiefely by Robert Basset and Ralph Iocelyne Aldermen : Upon this he retyred to Black-heath and there encamped by the space of three dayes ; but then hearing that king Edward was commming with a great Army , he got him to his ship , but the rest fled some one way , some another . The one and twentieth of May , the king comming to London , thanked the Citizens for their pains and care , and dubbed the Major , the Recorde● Vrsewicke , and B●sset and Iocelyne Aldermen , Knights . And now the time was come for king Henry to be delivered out of all his troubles ; for the bloody Duke of Glocester entring the Tower , where he found king Henry , nothing at all troubled with all his Crosses , struck him into the heart with his Dagger and there slew him . And now we have had within the space of half a yeer , one Parliament Proclaming king Edward an Usurper , and king Henry a lawfull king ; and another Proclaming king Edward a lawfull king , & king Henry an Usurper : that we may know in humane affairs , there is nothing certaine , but uncertainty ; nothing stable , but instability . King Edward presently after the inte●rment of king Henry , drawes his forces towards ●andwich in Kent , where some of the followers of F●uconbridge , to the number of eight or nine hundred , had in the Castle there strongly fortified themselves , but upon their asking Pardon and submitting themselves to the king , with promise to be faithfull Subjects ever after , they had their Pardon granted them , and then they delivered up both Castle and Ships to the number of thirteen , to the kings use . But how this Composition was observed , may be imagined ; when Fauconbridge who was comprised in the same Pardon , was afterward taken and executed at Southampton Spicing and Quintine the Captaines that affailed Aldgate and Bishopsgate , and were in Sandwich Castle , at the surrender thereof ; were presently beheaded at Canterbury , and their heads placed on poles , upon those gates : and by a Commission of Oyre and Te●miner , many both in Essex and Kent , were arraigned and condemned for this Rebellion , and more fined . And now king Edward , desiring to be secured from all suspected persons , sent the Archbishop of Yorke , brother to the Earle of Warwick , over to Guisnes , there to be kept in safe custody ; and there he remained a long time , till at length by friendship he was delivered , and shortly after dyed . Likewise Iohn Earle of Oxford , who after Barnet Field yeelded himselfe to king Edward , had his life pardoned ; but yet was se●t over sea to the Castle of H●mmes , where for the space of twelve years he was shut up in strong prison , and narrowly looked too . As for the Earles of Pembrooke and Richmond , who were fled out of the Realme , to the Duke of Britaine , king Edward sent to the Duke , requiring to have them delivered up unto him , upon promise of great rewards ; to which the Duke made answer , that he could no● with his honour deliver them up , whom he had taken into his Protection ; but that for king Edwards sake , he would take such care of them , that he should need to take no care for them ; and to that end , he sequestred their own servants from them , and appointed Britaines to attend upon them . It was now the thirteenth year of king Edwards reigne ; in which a Parliament was called at Westminster : wherein all acts formerly made by him , are confirmed or revived ; and all their Lands and Goods confiscated , that had taken part against him and were fled and all their lands and goods restored to such as had taken part with him . King Edward being destin'd to be alwayes in troubles ; now that he had quietnesse at home , was drawn into new broyles abroad ; for the Duke of Burgoigne at this time having warres with France , thought he could no way make a better harvest to himselfe , then by sowing seeds of dissention between France and England ; and to this end , he sends Ambassadours to king Edward , to sollicite him to set on foot his Title to the Crown of France ; making great offers , with Protestation to assist him in it , both with Purse and Person . This proposition being seriously debated by the Kings Privy Counsell , is at last approved of , as being both lawfull and behovefull , for the honour of the King , and good of the kingdome . Onely means to beare the charges of the warre , were wanting ; to supply which by a Parliamentary course , would ask too much time : a new course therefore is devised , to procure mony from the Subject by way of Benevolence ; and this course was taken . About this time , Henry Holland Duke of Exceter and Earle of Huntington , dis-inherited by Act of Parliament , in the fourth yeer of this King , ( though he had married King Edwards Sister ; yet grew to so great misery , that passing over into Flanders , he was there forced all ragged and bare-foot to beg his bread : ) was found dead , and stript naked , between Dover and Callice : but how he came to his death , no enquiry could bring to light . Provision for this French expedition being throughly made ; and order taken for the quiet government of the kingdome in his absence , and the stop of incursions , if any by the Scots should be made : King Edward with an Army of fifteen hundred men at arms , all of the Nobility and Gentry , fifteen thousand Archers on horseback , eight thousand Common souldiers , and three thousand Pioners , came down to Dover ; whither the Duke of Burgoigne had sent five hundred flat bottom'd boates , to transport the Horse to Callice ; yet for all that helpe , it was two and twenty dayes before the kings forces were all past over . Before the kings departure from Dover , ( to the end he might not seem to surprize him ) he sent an Herauld named Garter , a Norman by birth , with a letter of Defiance to the French king , ( so well written , saith Co●●●●s , that he thought it not of any English mans enditing ; as though Englishmen could not endite aswell as the French ) Requiring him to yeeld unto him the Crown of F●●●ce , his unquestionable Inheritance ; which if he should dare to deny , ●e 〈◊〉 then endeavor to recover it by the Sword. This letter the French king read & thereupon withdrawing himselfe , caused the Herauld to be brought to his presence● to whom in private he gave this answer : That the Duke of Burgoigne and the Earle of Saint Paul the Constable , ( by whose instigation , he knew the king of E●gland was drawn to this Designe ) would but delude him , for that they were Dissembler●●nd Impostors ; and therfore said , It would conduce more to the honor of the king of 〈◊〉 to continue in League with him , though an old Adversary ; then to hazard th● fortune of the warres , upon the promised assistance of new-come Dec●ivers●●nd so commend me ( saith he ) to the king thy Master , and say what I have told ●he● ; and then with an honourable reward of three hundred Crowns , dismist him : The Herauld promised to doe all that in him lay , and ( beyond his Commission ) shew●d the French king wayes , ( by working upon the Lords Howard and Stanley ) by which he might enter into a Treaty for Peace , which he doubted not , would sort to a good Conclusion . The French king glad to he●r it , gave the Herauld , besides the other reward , ● piece of Crimson Velvet of thirty yards long ; and withall sent to king E●ward the goodliest Horse he had in his Stable , as also an A●●e , a Wolph , and a wild●●ore , bea●ts at that time rare in England : and then the Herauld returning to Callice , delivered to king Edward the French kings ●nswer . And now to make good the French kings a●●egation to the Herauld ; the Duke o● Burgoigne , who had promised in the word of a Prince , to bring to Callice by this time , two thousand Launces and foure thousand Seradiots or ●ight ho●se , failed to come : whereupon the Lord Scales is by king E●ward sent to the D●ke , to put him in minde of his promise , and to ha●ten his comming with his promised forces : But the journey was to little purpose ; onely it occasioned the Duke with a small ●roop of horse to come to ●he king , formally to excuse himselfe for having been so backward ; but the cause ( he said ) was , for that having been imbroiled in the siege of N●z , he could not depart thence without infinite disgrace , if neither composition nor submission were enforced ; which now notwithst●nding● because he would not too much trespasse upon his pat●ence , he was enforced to doe , by the ob●t●nacy of the besieged : but promised to supply all defects , both with his presence and power , and that speedily . The Constable likewise by his letter perswades the king of England to proceede in the action , and not to doubt both from the Duke and himself , to be sufficiently every way accommodated . King Edward thus encouraged , passeth on , but in his way found no performance of promises , either on the Dukes or Constables part ; for the Duke did not accommodate the souldiers at their comming to Pero●●● , with victuals or lodging in such manner as was requisite and expected ; and the Constable in stead of surrendring up Sain● 〈◊〉 according to agreement , made a sa●ly out upon such as were sent from the king of E●gla●d to take possession , and plaid upon them with his great Ordinance ; whereupon k. Ed●ard began to suspect the truth of the French k. description of the Dukes and Constables conditions ; and from thence forward stood upon his own guard , and gave no further credit to their Protestation ; which the Duke of Burgoig●e resenting , pretended occasions for the hasting forward his forces● & promising speedy return together with them , taketh his leave and departeth , which did not a little increa●e the kings suspition . The French king having intelligence of the Duke of Burgoignes departure , forecasting the danger , if they should unite their forces ; resolved with himselfe , to 〈◊〉 what might be done to mediate a Peace in the Dukes absence ; and yet so to 〈◊〉 , that if it took not effect , he might disclaime the knowledge of the overture : whereupon he privately dispatcheth a messenger , in ●hew an Herauld ; but was indeed● fellow of no o●●ice or estimation , and not known to any of the Kings household , but to Villiers the Master of the Horse , who only was acquainted with the plot and party . This counterfeit Pursuivant at Arm● , with a coate made of a Trumpets Banne●towle , addressed himselfe to the king of E●gla●d , and upon admission to his pesence , insinuates the French Kings desire , which was , to have Commissioners on both parts assigned , to conferre of the means to reconcile the differences between the two Kings ; or at least to conclude a cessation from arms fo● some time : And so well this Messenger delivered his errand , that it was credited , and the kings request grant●d ; and thereupon letters of safe conduct , are sent of both sides , for such Commissioners as to this purpose should meet at A●ye●s . For king Edward , came the Lord Ho●●●d , Sir A●tho●y Se●tleger , and Doctor Mor●on , after made Lord Chancelour of E●gla●d . For king Lewis , came the Admirall of France , the Lord Saint Piers , and Heberg●●shop ●●shop of E●reux . After long Conference , Articles of Peace were concluded on ●o this effect : That the French king should pay presently to the king of E●gla●d , threescore and fifteen thousand Crowns , and from thence forth , annually , fifty thous●nd Crowns , during the life of king Edward : That within one yeare , the French king should send for the Lady 〈◊〉 the king of Englands daughter , and joyn her in marriage to the Dolphin : That the Lord How●rd , and Sir Iohn Cheyney Master of the Horse , should remaine in hostage there , till the English army had quitted France , and ● generall peace for nine yeer● ; wherein the Dukes of Burgoigne and Britt●●●e , are ●●cluded , if they will accept thereof : This Conclusion was the more easily compassed , by the king of France his following the Herauld● Counsell ; fo● he distributed sixteen thousand Crowns amongst king Edwards Counsellours and Favorites ; two thousand Crowns to the Lord Hastings the kings Chamberlaine , and to the Lord 〈◊〉 , Sir Iohn Cheyn●y , Sir Anthony Sentleger , and Mo●●gomery , the residue ; besides great store of Plate and Jewels , distributed amongst inferiour Officers of the Court. The Duke of Glocester onely opposed this accord , as not suiting with his designe ; Neverthelesse it proceeded , and not●ce thereof is presently sent to the Duke of 〈◊〉 ; who thereupon onely with fifteen horse , comes posting to the English Campe , whom king Edward perswades to enter into the peace , according to the reservation ; but he in a great chafe , reproacheth king Edward for entring into it himselfe ; saying , that his predecessours had by many brave exploits gotten fame and rep●tation upon the French ; and now he had brought his souldiers onely to shew them the Country , and returne as they came ; adding withall , that to make it appe●●e he was able without helpe of the English to subsist of himselfe● he utterly discl●●med any benefit by that Truce , untill three months after the English were re●●●ned to their own Country ; and so in a great snuffe returned home . For the better Confirmation of what wa● agreed upon between the two kings , an 〈◊〉 is desired ; but before the same is e●●ectua●ed , the French king sends to the Eng●●sh army an hundred Tonne of Gascoigne wine , to be drunke out amongst the priv●●e ●ouldiers , and therewithall , free licence for Commanders and Gentlemen to recreate themselves in Amye●s , where they were lovingly entertained by the Burgers of the Town , by the kings expresse command . The place of enterview of these two 〈◊〉 is agreed on to be at Picquency , a Town three miles distant from Am●e●s , seated in ●●ottome , through which the river of Some runneth , over which a strong bridge was bu●●t , and in the midst thereof a gra●e made overthwart with ●artes , no wider 〈◊〉 than a man might well thrust in his arme ; covered with boardes overhead● to avoid the rain●foure of the Bed-chamber on both sides , are appointed to search the room● , to prevent traps of instrumen●● of treachery : and being by them certified that ●ll as was cleere , the kings advance themselves . King Edward being come in sight of the place , made a stand ; being told , that the circumstance of comming f●r●t to th● place , was a matter of great disparagement in point of State : but the French king ●o●e regarding subst●nce then circumstance , gave the king of England the advan●●●● to come at hi● pleasure , and went first to the barre appointed for conference , 〈◊〉 the●e did attend king Edwards leasure . He had in his Company , Iohn Duke of 〈◊〉 , with his brother the Cardinall , and eight hundred m●n at Arms. King Ed●●●● h●d with him , his brother the Duke of Clarence , the Earle of Northumberland , ●he Lords Chamberlaine and Chancellour , and at his backe his whole Army in b●t●e●● . The kings lovingly salute each other , and complements of courtesie re●ipro 〈…〉 which finished , They with their Noblemen there present , take all ●heir 〈◊〉 upon the holy Evangelists , in all to their ●ower , to observe the Articles o● 〈◊〉 agre●d on . After which , In private the French king impor●u●es king Ed●●●● , that the Duke of Brittaine might be left out of these Articles : but after much 〈◊〉 to that purpose , king Edward gave his resolute answer● that if king Lewis 〈◊〉 the frendship of Engl●nd , he should not molest the Duke of Brittaine● for ●hat he was resolved , at any time to come in person to relieve him● if he were distu●●ed : King Edward pretended the many kindnesse he had forme●ly rec●ived of the Duke of Brittaine : but it was conceived , that the desire of compassing the Ea●les o● 〈◊〉 and Pembrooke , now in the Duke of Brittaines Country , were the greatest 〈◊〉 of his standing ●o ●irmely for him . The money to be payd to king Ed●●rd 〈◊〉 the Articles , is accordingly payd ; and thereupon the French Hostages are delivered , and the Englis● Army re●●res to Callice , and from thenc● is transported into 〈◊〉 and then the English Hostages are likewise delivered . This Peace was 〈◊〉 ●o be made only by the holy Ghost ; because on the day of mee●ing , a white Dove came and sate upon the king of Englands Tent : though the Dukes of Glocester and Burgoig●e thought it was made by no good spirit . King Edward being returned into England , had his minde running still upon the dange● that might grow from the Earle of Richmond : he therefore dispatched D. Stillington and two other his Ambassadors to the Duke of Bri●aine , to send him over to him , under this subtle pretence , that he meant to match him in mariage with the Lady Cicill● his younger daughter ; and withall , sent also no small store of Angels to speake for him : which so prevailed with the Duke , that he delivered the Earle o● Richmond to the Ambassadors , who conducted him thence to Saint Malo● , where whil'st they stayed for a winde , the young Earle , by the cunning plotting of Peter Landoi● the Dukes Treasurer ( more out of scorne that he was not gratified by the English Ambassadour to the proportion of his place , than for any love to the Earle ) escapes into Sanctuary ; from whence neither prayers nor promises could get him cut : Neverthelesse , upon Peter Landois his promise he should be safely kept there , the Ambassadors departed , and returned home , acquainted K. Edward with the Duke of B●●goig●●s courtesie in delivering him , and their own negligence in suffering him to escape , onely making amends with the promise of Peter Landois ; which might be to K. Edward some contentment , but was no satisfaction . At Christmas following , being the sixteenth yeere of his Reigne , he created his eldest sonne Edward , Prince of Wales , Duke of Cor●wall , and Earle of Chester : his second sonne he made Duke of Yorke ; giving the order of knighthood to the sonne and heire of the Earle of Li●col●e , and many others . He created also foure and twenty knights of the Bath , whereof Brian Chiefe Justice , and Littleton a Judge of the Common Pleas , were two . About this time , there were two examples of severity seene ; not unworthy the relating , if but onely to make us see how dangerous a thing it is Ludere cum sancti● , to speake words that may be taken as reflecting upon the king . The first was of one Walter Walker , a wealthy Citizen , dwelling at the signe of the Crown in Cheapside : This man one day when his childe cryed , bid him be quiet , and he would make him heire of the Crowne : which words being subject to interpretation , he was called in question about them , arraigned , condemned , and put to death . The other was of Thomas Burdet of Arrow in Warwickeshire Esquire : It happened that K. Edward hunted in his Parke , he being from home ; and there killed a white Buck , whereof Mr. Burde● made speciall account : so as comming home , and finding that Buck killed , he wished it hornes and all in his belly that had counselled the king to kill it : and because none counselled the King to kill it but himselfe ; it was thought those words were not spoken without a malignant reflecting upon the King : and thereupon Burdet was arraigned and condemned , drawne to Tiburne , and there beheaded : though M●rkh●● then Chiefe Justice , chose rather to lose his place , than assent to the Judgement . And now began ambition to boyle in Richard Duke of Glocester ; whereof the first heate fell upon his brother the Duke of Clarence , how to rid him out of the way ; to which end , he seeks to raise Jealousies in King Edwards head against him , telling him , that some of Clare●ce his followers were Sorcere●s and Necromancers , and had given forth speeches , that one whose name begun with G. should disinherit his Children and get the Crown : and for a colour of this suggestion , one of the Duke of Clar●●ce his servants , who came with him out of Ireland , from Dublin , where the Duke was born ; is in his Masters absence , by the procurement underhand of the Duke of Glocester , indicted , ●rraigned , condemned and executed at Tyburne for a Conjurer , and all within the space of two dayes : and the Duke of Glocester , to make shew that he had no hand in this fellows death , set on the Duke of Clarence to complaine of it to King Edward ; and in the mean time finds matter , at least colour of matter , to make him be committed to the Tower ; ●nd then againe , to make shew he had no hand in his imprisonment , bids him be of good cheere , for it should not be long ere he would see him released : and he kept his word ; for not long after , by his procurement , he was drowned in a But of Malmesey , ( and this was his releasement ) and then laid in his bed , to make the people believe that he died of discontent ; whose death , King Edward though perhaps consenting to it , so much resented , that afterwards when he was sued unto for any mans Pardon , he would ●ighing break out into such words : Oh unfortunate brother● for whose life not one man would open his mouth . Being dead , he was buried at Tewkesbury in Glocestershire , by the body of his Dutchesse , who great with childe , dyed of Poyson a little before . It was now the two and twentieth yeere of King Edwards Reigne , when Iames King of Scotland sent Ambassadors to treate of a Mariage between his eldest sonne Iames Duke of Rothsay , and Cicely king Edwards second daughter . This overture for a March , was by the king and his Councell readily imbraced , and a great part of the Portion was delivered to the Scots , with this Proviso , That if the mariage di● not proceed , the Provost and Merchants of Edenbourgh should be bound to rep●y it againe . But the Scotish king , who had other fantasies in his head , and would take counsell of none but his owne will , and diverted also perhaps by the king of France ; not onely dallyed the proceeding in the ma●ch , but affronted those of the Nobility th●t perswaded him to it ; in so much that his Brother the Duke of Albany was enforced to abandon the Country , and to flie for refuge into England : by whom king Edward being informed of king Iames his fickle disposition , was so much incensed , that under the conduct of the Duke of Glocester , accompanied with the Duke of Albany , he sent an Army of twenty thousand against Scotland ; who in their way took in Barwick , and besieged the Castle ; which being resolutely defended by the Earle Bothwell , the Duke left the Lord Stanley to continue the siege , whil'st he , wi●h the rest of the Army , marched towards Edenbourgh ; where within the Castle of Maydens , king Iames had immur'd himselfe . But the Nobility of Scotland , seeing the danger they were in , endeavoured by humble submission , to procure a peace , at least a cessation from war ; which with much importunity they obtained , upon these Conditions : That full satisfaction should be presently given , for all dammages sustained by the late incursions : That the Duke of Albany should be fully restored to grace and place , with an abolition of all discontents between his brother king Iames and him : That the Castle of Barwicke , ( which had been now out of the Possession of the English , one and twenty yeers ) should immediately be surrendred into the Generals hands ; and from thence no reduction of that or the Town attempted : That all such summes of money as upon the proposition of the marriage , had been delivered , should be repaid . All which , except the first Article , were accordingly p●●formed . When this busines with Scotland was indifferently accomodated ; King Edward receiv●s intelligence from his Ambassadour-Leidger in France , that the French King not only denied the payment of the annuall Tribute of fifty thousand crowns , agreed upon and sworn to upon the ratification of the late concluded Peace ; but had also married the Dolphin of France to the Lady Margaret , daughter of Maximill●n Sonne of the Emperour ; which so much incensed K. Edward , that he resolves to revenge it ; and by the advise of his Counsell , open warre was presently Proclamed against France : but whil'st King Edward is making preparation , and intentive to the busines , he is attached by the hand of death ; and upon the ninth of April , in the yeer 1483 , at Westminster ended this mortall life . Of his Taxations . IN his second yeer , he sent his Privy Seale through England , to move men to give him a certaine summe of money towards resisting the Scots , wh●ch was granted and given liberal●y . In his seventh yeer , in a Parliament at Westminster , were ●●sumed all manner of gifts , which the King had given , from the first day he tooke possession of the Realm , to that time . In his eighth yeer , at a Parliament , were grant●d two Fifteens and a Demy . In his thirteenth yeer , a Parliament was holden , wherein , a Sub●idie was granted ; and the yeer following , towards warre to be undertaken in France , a new way of raysing money is devised , called a Benevolence , by which great summes of money were gotten of the Subject : and it is not unworthy the relating , what an old rich Widdow at this time did ; whom King Edward , amonstothers having called before him , merrily asked , what she would willingly give him towards his great charges ? By my troth ( quoth shee ) for thy lovely countenance , thou shalt have even twenty pounds . The King looking scarce for half that summe , thanked her , and lovingly kist her ; which so wrought with the old widdow , that she presently swore , he should have twenty pound more ; and payd it willingly . No● long before his death , he was by ill Counsellours put upon a distastefull course for raysing of mony ; which was , by fining men for delinquencies against Penall Statures by which course some money was gathered ; but before it came to full execution , he dying , that also dyed with him . Of his Lawes and Ordinances . IN his fourth yeer , he newly devised the Coyne both of Gold and Silver , as a● this day it is ; the Gold , he named Royals and Nobles ; the Silver , Groats and 〈◊〉 Groats : the new Groate weighing scantly three pence ; and the Noble of six shillings eight pence , appointed to goe for eight shillings foure pence . In his fifth yeer , it was Proclamed in England , that the Beakes or Pykes of Shooes and Bootes , should not passe two Inches , upon paine of Cursing by the Clergie , and forfeiting twenty shillings , to be paid one noble to the King , another to the Cordwayners of London , and the third to the Chamber of London ; and for other Countries and Towns the like order was taken . Before this time , and since the yeer 1382. the Pykes of Shooes and Bootes were of such length , that they were faine to be tyed up to the Knees with chaines of Silver and gilt , or at least with silken laces . Affaires of the Church in his time . IN this Kings time , the Jubile which was before but every fiftieth yeer , was by Pope Six●●● the fourth , brought to be every five and twenty yeer . Also , where before this time , the Scottish Bishops had no Metropolitane , but the Bishop of Yorke was Metropolitane and Primate of Scotland ; now in this Kings time , Pope Six●●● appointed the Bishop of Saint Andrews to be Metropolitane of Scotland , who had twelve Bishops under his obedience . Of Workes of Piety done in his time . THIS King laid the foundation of the new Chappell at Windso● , and his Queen Elizabeth founded the Queens Colledge in Cambridge , and endowed it with large Possessions . About his fifteenth yeere , Doctor Woodlarke Provost of Kings Colledge in Cambridge , Founded Katherine-hall there . In his seventeenth yeer , the Wall of the City of London , from Cripplegate to Bishopsgate , was builded at the charges of the Citizens , also Bishopsgate it selfe was new built by the Merchants 〈◊〉 of the Styliard . Also in this yeere dyed Sir Iohn Crosby Knight , late Major of London ; who gave to the repairing of the Parish-Church of St. Helens in Bishopsgatestreet , where he was buried , 500 Marks : to the repairing of the parish Church of He●w●rth in Middlesex , forty pounds : to the repairing of London-wall , an hundred pounds : to the repairing of Rochester-bridge , ten pounds : to the Wardens and Commonalty of the Grocers in London , two large Pots of silver chased halfe gilt , and other Legacies . About this time also , Richard Rawson one of the Sheriffs of London , caused an house to be builded in the Church-yard of St. Mary Hospitalll without Bishopsgate , where the Major and Aldermen use to sit and heare the Sermons in Easterholy-daies . In his nineteenth yeere , William Tailour Major of London , gave to the City certaine Tenements ; for the which the City is bound to pay for ever , at every Fifteene granted to the King , for all such as shall dwell in Cordwainers-street-ward , sessed at twelve-pence apiece , or under . And about the same time , one Thomas 〈◊〉 Sheriffe of London , builded at his own costs the great Conduit in Che●pside . In his three and twentieth yeere , Edmund Shaw Goldsmith , who had been Major of London , at his own costs re-edified Cripplegate in London , which gate in old time had been a Prison . Of Casualties happening in his time . IN his third yeare , the Minster of Yorke , and the Steeple of Christs Church in Norwich were burnt . In his seventeenth yeere , so great a Pestilence reigned in England , that it swept away more people in foure moneths , than the Warres had done in fifteen yeeres past . Also in his nineteenth yeere was another Pes●●lence ; which beginning in the later end of September , continued till the beginning of November twelve-moneth following ; in which space of time innumerable people dyed . Of his wife and issue . KIng Edward had been contracted to Eleanor daughter of Iohn Talbot Earle of Shrewsbury , maried after to Sir Thomas Butler Baron of S●dely : but he maried Elizabeth the widdow of Sir Iohn Grey , daughter of Richard Woodvile by his wife Iaqueline Dutchesse of Bedford : she lived his wife eighteene yeeres and eleven moneths ; by whom he had three sonnes and seven daughters . Edward his eldest sonne , borne in the Sanctuary at Westminster : Richard his second sonne , borne at Shrewsbury : George his third sonne , borne also at Shrewsbury , but dyed a childe . Elizabeth his eldest daughter , promised in mariage to Charles Dolphin of France ; but maried afterward to King Henry th● Seventh : Cicely his second daughter , promised in mariage to Iames Duke of ●othsay , Prince of Scotland ; but was maried afterward to Iohn Viscount Wells , whom she outlived , and was againe re-maried , but by neither husband had any issue : she lyeth buried at Quarena in the Isle of Wight . Anne his third daughter was maried to Thomas Howard Duke of Norfolke , Earle Marshall , and High Treasurer of England ; by whom she had two sonnes , both dying without issue : she lyeth buried at Framingham in Norfolk . Bridget his fourth daughter , borne at Eltham in Kent , became a Nunne in the Nunnery of Dartford in Kent , which king Edward had founded . Mary his fifth daughter , was promised in mariage to the King of Denmarke , but dyed in the Tower of Greenwich , before it could be solemnized : she lyeth buried at Windsor . Margaret his sixth daughter , dyed an Infant . Katherine his seventh daughter , was maried to William Courtney Earle of Devo●shire ; to whom she bare Lord Henry , who by King Henry the eighth was created Marquesse of Exeter . Concubines he had many , but three specially ; and would use to say , that he had three Concubines , who in their severall properties excelled : One , the merriest ; another , the wyliest ; the third , the holyest harlot in his Realme ; as one whom no man could lightly get out of the Church to any place , unlesse it were to his bed ; The other two were greater personages than are sit to be named : but the merriest was Shores wife ; in whom therefore he tooke speciall pleasure : This woman was borne in London , worshipfully descended . and well maried : but when the King had abused her , anon her husband ( as he was an honest man , and did know his good , not presuming to touch a Kings Concubine ) left her up to him altogether . By these he had naturall issue ; Arthur sirnamed Plantagenet , ( whose mother , as is supposed , was the Lady Elizabeth Lucy ) created Viscount Lisle , by King Henry the Eight , at Bridewell in London : And Elizabeth , who was maried to Sir Thomas Lumley knight ; to whom she bare Richard , afterward Lord Lumley , from whom the late Lord Lumley did descend . Of his Personage and Conditions . HE was ( saith Comines ) the goodliest Personage that ever mine eyes beheld ; exceeding tall of statu●e , faire of complexion , and of most Princely presence : and we may truly say , he was of full age before he came to one and twenty ; for being but eighteen yeeres old when his Father dyed , he sued out his livery presently : so as he began the race of his for●●ne just like Augustus Caesar , each of them at the same age succeeding an Ancestour after a violent death ; and each of them left to set on a roofe , where but onely a fo●●●●tion was laid before . For his conditions , he was of an erected composure both of body ●nd minde , but something sagging on the Fleshes side ; and never any man that did marry for Love , did so little love Mariage ; for he tooke as much pleasure in other mens wives as in his owne . He was never more confident , than when he was in danger ; nor ever more doubtfull , than when he was s●●ure . Of the foure Cardinall virtues , For●●nde and Prudence were in him naturally ; Temperance ●●d Justice , but to serve his turne . He was politick even to irreligion ; for to compasse his ends , he would not stick to sweare what he never meant . Yet he was Religious beyond Policy ; for before Battailes , he used to make his Prayers to God ; after Victories , to give him Thanks . He was farre from being proud , yet very ambitious ; and could use familiarity , and yet retaine Majestie . He was a great Briber ; and wha● he could not get by force , he would by Rewards ; as much as what he could not get by Battery , he would by Mines . H● was too credulous of Reports , which made him be in errour , sometimes to the h●rt of himselfe , oftentimes of others . He had made the White Rose to flourish as long as Henry the Fourth made the Red , if he had not made it change colour with too much blood . He had been fortunate in his children , if he had not been unfortunate in a brother : but he was well enough served , that would thinke a Wolfe could ever be a good Shepheard . He had an excellent art in improving his favours ; for he could doe as much with a small courtesie , as other men with a great benefit : And that which was more , he could make advantage of disadvantages ; for he got the love of the Londoners by owing them money ; and the good will of the Citizens by lying with their wives . Of his Death and Buriall . WHether it began from his minde , being extreamely troubled with the injurious dealing of ●he King of France ; or from his body , by intemperance of dyet , to which he was much given ; he fell into a sicknesse , ( some say a Catarche , some a Feaver ) but into a sicknesse whereof he dyed . In the time of which sicknesse , & at the very point of his death , Sir Thomas Moore makes him to make a speech to his Lords ; which I might thinke to be the speech of a sick man , if it were not so sound , and of a weake man , if it were not so long : but it seemes , Sir Thomas Moore delivers rather what was fit for him to say , than what he sayd ; the Contents being onely , to exhort his Lords , whom he knew to be at variance , to be in love and concord amongst themselves ; for that , the welfare of his children , whom he must now leave to their care , could not otherwise be preserved but by their agreement . And having spoken to this purpose as much as his weaknes would suffer him , he found himselfe sleepy ; and turning on one side , he fell into his long sleep , the ninth of April , in the yeere 1483. when he had lived one and forty yeeres , Reigned two and twenty and one mo●eth ; and was buried at Windsor , in the new Chappell , whose foundation himselfe had laid . Of men of Note in his time . MEN of valour in his time were many , but himselfe the chiefest , the rest may be observed in reading his story . For men of letters , we may have leave at this time to speake of some strangers , having been men of extraordinary fame ; as Iohānes de Monte Regi● , Purbachiu● and Bl●●chinu● , all great Astronomers ; Ludovicus Pontanus , Paulus Castrensis , and A●thonius Rossellanus , all great Lawyers ; Servisanus , Sava●arola , and Barzizius , all great Phisitians ; Bessarion and Cusanus , both great Cardinalls ; Argyr●pole , Philelphus , Datus , Leonardus Aretinus , and Poggius , all great men in humane lit●rature . And of our own Countrimen ; Iohn Harding an E●quire , borne in the North parts , who wrote a Chronicle in English verse , and among o●her speciall points therein touched , hath gathered all the Submissions and Homages made by the Scottish kings , even from the dayes of King Athelstan : whereby it may evide●●●y appeare , how the Scottish kingdome , even in manner , from the first Establish●ng thereof here in Britaine , hath been appertaining unto the kings of England , and holden of them as their chiefe and superiour Lords . Iulian Bemes , a Gentlewoman of excellent gifts , who wrote certaine Treatises of Hawking and Hunting ; also a book of the L●wes of Armes , and knowledge pertaining to Hera●lds . Iohn For●●scue a Judge , and Chancellour of England , who wrote divers Treatises concerning the Law and Politick Government . Rochus a Charterhouse-Monk born in London , who wrote divers Epigrams . Walter H●nt a Carmelite Fryer , who for his excellent learning , was sent from the whole body of the Realme , to the Generall Counsell h●ld●● fir●● at Ferr●ra , and after at Florence , by Pope E●genius the fourth ; where ●e am●ngs● others dis●uted with the Greekes i● defence of the Order and Ceremo●●es o● the Latine Church . William Caxton , who wrote a Chronicle called Fructu● Temporum , and an Appendix unto Trevisa besides divers other bookes and translations . Iohn Milverton , a Carmelit● Frier of Bristow , and provinciall of his Order , who because he defended such of his Order as preached against endowments of the Church with Temporall possessions , was committed to prison in the Castle of Saint Angel● in Rome , where he continued three yeers . David Morgan a Welshman , who wrote of the Antiquities of Wales , and a description of the Country . Iohn Tiptoft , a nobleman born , who wrote divers Treatises , but lost of his head in the yeer 1471. Robert Huggon born in Norfolk , who wrote certaine vaine Prophesies . Thomas Norto● born in Bristow , an Alchymist● Scoga●● a learned Gentleman , and a Student for a time in Oxford ; who for his plesant wit and merry conceits , was called to Court. But most worthy of all to be remembred , Thomas Littleton a reverend Judge of the Common Ple●s , who brought a great part of the Law into a Method , whic● lay before confusedly dispersed ; and his book called Littletons Tenures . THE REIGNE OF KING EDWARD THE FIFTH . KING Edward the Fourth being dead , his eldest Sonne Edw●●● , scarce yet eleven yee●● old , succeeded in the kingdome , but not in the Crown ; for he was Proclaimed king , but never Crowned : and indeed it may not so properly be called the Reigne of E●●●●d●he ●he fifth , as the Tyranny of Richard the Third ; for from the time of king Edward● death , though not in Name , yet in effect● he not onely ruled as king , but raged as a Tyrant . Prince Edwa●● when his Father dyed , was at Ludlow in Wales , where he had lived some time before , the better by his presence , to keep the Welsh in awe ; He had about him of his Mothers kindred many ; but Sir Anthony Woodvile , the Earle Rivers his Uncle , was appointed his chiefe Counsellour and directour . The Duke of Glocester was at this time in the North , but had word presently sent him , from the Lord Hastings Lord Chamberlaine , of his brother king Edwards death ; who acquainted him withall , that by his Will , he had committed the young king , his Queen and other children , to his care and government ; and thereupon putting him in minde , 〈◊〉 necessary it was for him speed●ly to rep●ir● to London : But the Duke of Gloce●●er needed no spurre to set him forward , who was already in a full cariere ; for he had long before projected in his minde , how he might come to attaine the Crown ; and now hee thought the way was made him . For as it is said , the very night in which king Edward dyed , one Misselbrooke , long ere morning , came in great haste to the house of one Potter dwelling in Red-crosse-streete without Cripplegate ; where he shewed unto Potter , that king Edward was departed : to whom Potter answered , By my troth man , then will my Master the Duke of Glocester be king : what cause he had so to thinke , is hard to say ; but surely it is not likely he spake it of nought . And now the young king was comming up to London with a strong guard ; partly to make a first expression of his greatnesse , and partly to oppose any disorders that might be offered . But the Duke of Glocester finding this proceeding like to be a rub in his way , at least not fit for his designes , he presently fals to undermining ; writes most loving letters to the Queen , protesting all humble and faithfull service to the king and her , but withall perswading her , that this great guard about the king might be presently dismissed ; which did but minister matter of suspition , and would be apt to breed new jealousies in them who were now throughly reconciled . The Queen of a nature easie to be wrought upon , gives credit to his glozing letters ; and thereupon sends in all haste to her Sonne , and to her brother the Lord Ri●ers ; requiring them by all meanes , for some causes to her known , to dismisse their g●●●d , ( not ●en●●oning by whose advice she writ them ; which if she had done , they would never have done ) but now upon her letters , they presently did ; and came forward with o●●ly a sober company . And now is Glocesters first work 〈◊〉 but he knowing that the worke yet behinde was too great to be done by himselfe ●●one , gets the D●ke of Buckingham and the Lord Hastings ; two of the greatest men of power at that time in the kingdome , to joyn with him in opinion , that it was not fit ●he 〈◊〉 kindred should be so wholly about the king ; and others of better blood and d●●●rt , to be estranged from him ; and therefore by all means , fi●●o endeavour to ●emove them : to which the Duke of Buckingham is easily wrought , upon a promise to have the Earledome of Hartford conferred upon him : and the Lord Hasting● not hardly , upon a hope by this means to cut off many , whom in king Edwards daies 〈…〉 ●ustly offended . And now another great worke was done ; It remaines in 〈…〉 place , to put it in execution , which was presently this e●fected : The 〈◊〉 king had been at Northampton , and from thence was gone to Stonystratford , 〈◊〉 the two Dukes of Glocester and Buckingham a●rived ; but pretending the Town to be too little for the entertainment of their Comp●nies , they went back to ●●●thampton , and alighted at the same In●e where the Earle Ryver● had taken up h●s lodging for that night , intending the next morning early to overtake the king . Upon this their accidentall meeting , great shews of courtesie passed between them ; and supper ended , the Dukes pretending wearines , retire to their lodgings , the Earle to his ; but the Dukes being entred into their Chambers , enter into consultation 〈◊〉 their private friends , in which they spent a great part of the night , and then secretly get the keyes of the Inne gates , suffering none to passe either in or out ; whereof the Earle having notice by his Host , though he suspected the worst , yet setting a good countenance upon the matter , and trusting to his own Innocency , he bold●y went to the Duke of Glocesters Chamber , where he found the Duke of Buckingham and the rest closely set in counsell ; with whom he expostulates the reason of this co●●se , to imprison him in his Inne against his will ? b●t they in stead of answer , c●mmand presently to lay hands on him , charging him with many crimes , whereof themselves were onely guilty : And then taking order for his safe imprisonment , they speedily took horse , and came to Stonistratford , at such time as the king was taking horse , whom in all reverent manner they saluted : but presently in the kings presence , a quarrell is pickt against the Lord Richard Grey , the kings halfe brother : The Duke of Buckingham making relation to the king , that he and the Marquesse his brother , with the Earle Rivers the Queens brother , had endeavoured and almost e●fected to draw to themselves the whole mannaging the affaires of the kingdom● , and to set variance between the Peeres of the Realme : and particularly , that the L●●d Marquesse without any warrant , had taken out of the Tower of London both Treasure and Armour , to a great quantity ; but to what purpose , though they were ignorant , yet there was just cause to suspect it was to no good end : And therefore it was thought expedient by the advise of the Nobility , to attach him at Northamp●●● , to have him forth-comming to make his answer for these and many other his ev●●-b●ld actions ; The king unable to sound the depth of these plots , mildly ●aid 〈◊〉 him : What my brother Marquesse hath done , I cannot say ; but for my Uncle 〈◊〉 Brother here , I dare answer , that they are innocent of any unlawfull practises 〈◊〉 against me or you . Oh ( saith the Duke of Buckingham ) that hath been their 〈◊〉 , to keep their treachery from your ●races knowledge : and thereupon ●n●an●●y in the kings presence , they arrested the Lord Richard , Sir Thomas Vanghan , Sir Richard Hall , and brought the king and all his company back to Northampton , p●●●ing away a●l his old servants , and placing in their room● creatures of their own , whom they had power to command . At which ●ealing , the young king wept , but it 〈◊〉 nothing ; and to colour the matter , the Duke of Glocester at dinner , sent a dish from his own table to the Lord Rivers , bidding him ●e of good cheer , for all 〈◊〉 should be well : but the Lord Rivers thanking the Duke , prayed the Messenger to carry it to the Lord Richard , with the same message for his comfort , as one to whom such adversity was strange ; but as for himselfe , he had all his dayes been acquainted with it , and therefore could the better beare it . But for all this comfortable courtesie of the Duke of Glocester , he sent the Lord Rivers , and the Lord Richard , with Sir Thomas Va●g●●● into the North Country , into divers places to prison , and afterward to Po●fres , where in Conclusion they were all beheaded . And now the Duke of Glocester having thus gotten the custody of the King , set forwards toward London , giving out by the way , that the Marquesse and the Queens kindred had plotted the destruction of the king , and of all the antient Nobility of the Realme , and to alter the Government of the Commonwealth ; and that they were onely imprisoned to be brought to their tryall according to Law : and the better to settle these suggestions in the apprehension of the Vulgar , they brought along with them divers Carts laden with Armour , ( of their own providing ) with Dryfats and great Chests , wherein they reported to be treasure for the payment of souldiers ; with which they so possest the common-people , that all was believed for truth which was thus rumored : But the finest devise of all was , to have five of the Duke of Glocesters instruments manacled and pinioned like Traytors ; and these in every place where the King lodged● to be dispersed and given out to be men of great birth , drawn into this vile plot of Treason by the Queens brother ; who must seem to be penitent for their offence , and to confesse their own guilt : and this devise continued acting till the king came to L●ndon , where their visards were pull'd off , and the disguise was soon discovered . The Queen in the mean time having intelligence of these dolefull accidents , and fearing there were worse to follow , with her second Son and five D●ughters takes Sanctuary at Westminster : and the young king hearing of these things , with tears and sighes expressed his griefe ; but the Dukes making Protestation of their fidelity , and care of his safety , seemed onely to mervaile why he should be melancholy . At this time a messenger came from the Lord Chamberlaine , to the Archbishop of Yorke Lord Chancellour of England , to signifie to him , that there was no feare of any thing , for that he assured him all should be well . Well ( quoth the Archbishop ) be it as well as it will ; I assure him , It will never be so well as we have seen it . And thereupon , presently after the messengers departure , he calleth up his servants ( being then in the night ) and taking the great Seale with him , came before day to the Queen , whom he found sitting alone aloe on the Rushes , all desolate and dismaied ; whom he comforted the best he could , a●●uring her that if they Crowned any king but her Sonne whom they had with them , he would presently after Crown his brother whom she had with her ; and therewithall delivering to her the great Seale , departed : but soon after , bethinking himselfe better , he thought he had done too rashly , to deliver the great Seale to the Queen ; and therefore sent for it againe , and had it delivered him ; yet shortly after reproved for delivering it , by the Counsell Table , he had it taken from him , which was then delivered to Doctor Russell Bishop of Lincolne , the most learned man of that time . And now th● Duke of Glocester so respectively carries himselfe towards the King , with so much shew of care and faithfulnes , that by a generall consent of the Counsell he is appointed and established Protectour of the king and kingdome ; and by this means he hath the king in his custody : It remains now how to get his brother the Duke of Yorke , for without having both , he were as good ( as to his purpose ) have neither : and to effect this , he makes the Effect to become a Cause : for where by his undue dealing● he had made the king Melancholy , he now makes that Melancholy a cause to require his brothers company to make him merry ; and therefore wishes some course may be taken , either by perswasion or otherwise , to procure the Queen to send the Duke of Yorke to keep his brother the king company : Here the Archbishop of Yorke the Lord Cardinall , the man thought most fit to be sent in this imployment , riseth up and faith , He would doe his best endeavour to perswade her ; but if he could not , he then thought it was not to be attempted against her will , for that it would turn to the high displeasure of God , if the priviledge of that holy place should now be broken , which had so many yeers inviolably been kept , which 〈◊〉 Kings and Popes so good had granted , so many had confirmed ; and which holy ground was more then five hundred yeers agoe , by Saint Peter in his own person , ac●ompani●d with great numbers of Angels , by night so specially hallowed and dedicated to God ; and for proof whereof , there is yet in the Abby Saint Peters Cope 〈◊〉 shew : that from that time hitherward , there never was so undevo●● a King that durst violate the sacred place , nor so holy a Bishop that durst presume to Consecrate it ● and therefore ( saith he ) God forbid , that any man for any earthly thing , should enterprise to breake the immunity and liberty of that sacred Sanctuary ; and I trust w●●h Gods grace , we shall not need it , at least my endeavours shall not be wanting ; if the Moth●rs dread and womanish feare be not the let . Womanish feare , nay womanish frowardnes ( quoth the Duke of Buckingham ) for I dare take it upon my Soule , she well knoweth there is no need of any feare , either for her sonne or for herselfe● and prosecuting his discourse , declareth at large , that as there was no just 〈◊〉 for the Queen to keep her Sonne , so there was great cause for them to require him ; and that for breach of Sanctuary in this case there could be none ; for that he had often heard of Sanctuary men , but never heard of Sanctuary children . And to this purpose having spoken much , It was all assented to by the Lords that were present , and with this Instruction is the Archbishop ( upon whom the Queen specially relyed ) sent unto her ; who after humble salutations , acquaints her with his message , earne●●ly perswading her not to oppose the Lord Protectours request , and giving her many reasons , first that she ought not , and then that she could not keep him in Sanctuary : she answered all his reasons , though with great mildenesse , yet with great earnestnes ; so as the Archbishop finding little hope to prevaile with her by perswasion , turns the tenour of his speech another way ; telling her plainly , that if she did not consent to send her Sonne , he doubted some sharper course would speed●ly be taken . This warning sank so deep into the Queens minde , that after a little pausing , taking her Sonne by the hand , she said , My Lord Archbishop , here he is , for my own part I will never deliver him ; but if you will needs have him , Take him , and at your hands I will require him ; and therewith weeping bitterly , Deer childe ( saith she ) let me kisse thee before we part , God knows whether ever we shall meet againe ; and so the childe weeping as fast as she , went along with the Archbishop to the Star-chamber , where the Lord Protectour and other Lords had staid all the while looking for his comming back : and as soone as he was entred the roome , the Protectour spying the childe , riseth up and embraceth him saying , Deere Nephew , Now welcome with all my heart : next to my Soveraigne Lord your brother , nothing gives me so much contentment as your Presence : and we may believe him , he spake as he thought ; for now he had the prey which he so much desired . A few dayes after , pretending to have them lodged in a place of more security , untill the distempers of the Commonwealth might better be quieted ; he caused them in great pompe and state to be conveyed through London to the Tower , there at pleasure to remaine , till the time of Coronation ; whereof there was great shew of preparation made . But now the great work is to be done ; the Princes are to be made away : and how to have it done , Hoc opus , hic labor est : there must be potent Instruments ; and none so potent as the Duke of Buckingham ; and he , by a match to be concluded betwixt their children , and an equall partition of the Treasure of the Realme betwixt them two ; not onely is drawne to condiscend , but is most forward to contrive and plot stratagems to effect it . The first rub in the way was the Lord Hastings ; who being sound so firm to his old Masters King Edwards sons , that nothing could remove him , it was fit to remove him out of the way ; which was done in this manner : All the Lords of the Privy Councell , in the Protectors name , are convoked to the Tower ; where ●itting preparations for the Coronation of the young King are proposed , untill the Protectour came in ; who taking his chaire , very affably saluted them , merrily jesting with some , and more than ordinarily ple●sant with them all : when after a little talke , he said to the Bishop of Ely ; My Lord , I heare you have very good Strawberries at your Garden in Holborne ; I pray let us have a messe of them . Most gladly ( said the Bishop ) and presently sent for some : and then the Protectour rising up , prayed the Lords to spare his absence a little ; and so departed . Within the sp●ce of an houre he returned ; but so changed in countenance , and with such inward perturbations , which with sighings and other passionate gestures he expressed so , that it made them all to mervaile . After long silence ( the better to prepare them to the more attention ) he confusedly interrogates● What they deserved that ne●ariously had pr●ctised his destruction ? This unexpected interrogation strooke such ama●ement amongst the Lords , that they all sate gazing on one another , and were , as ●t were , stricken dumbe : At length the Lord Hastings , by Buckinghams instigatio● , as one presuming of his intimacy with the Protector , boldly answered , That they deserved the punishment of Traytors ; which all the rest by their silence approved : whereat the Protectour riseth up , and with a sterne looke upon the Lord Hastings , replyed : Why it is the old sorceresse my brothers widow , and her partner that common Strumpet Iane Shore , that have by incantation conspired to be●eave me of my life ; and though by Gods grace I have escaped the end of their malice , yet see the mischiefe they have done me ; for behold ( and then he bared his left arme to the elbow , and shewed it ) how they have caused this deare limbe of mine to wither , an● grow uselesse ; and so should all my body have been served , if they might have had their will a little longer . Those to whom the Queenes religious courses were not unknown , a●d who knew his withered arme to have been such from his birth , ●at● gazing one upon another , not knowing what to thinke or say ; untill the Lord Hastings , thinking thereby to leave all blame upon the Queen , and excuse his Paramour Mistris Shore , ( whom ever since the death of King Edward , he had entertained for his bed-fellow , and had but that morning parted from her ) with a sober looke submissely said , If the Queene have conspired — : which word was no sooner cut of the Lord Hastings mouth , when the Protectour clapping his hand upon the boord , and frowningly looking upon him , said : Tellest thou me of If & And ? I tell thee , They , and none but they have done it ; and thou thy selfe art partaker of the villany . Who I my Lord , quoth he ? yea Thou traytor , quoth the Protectour ; and therewith , upon a watch-word given , those prepared before for that purpose , in the outer Chamber , cryed , Treason , Treason ! when presently a great number of men in arm● came rushing in as it were to guard the Protectour ; one of which with a Pollax strook a maine blow at the Lord St●nley and wounded him on the head ; and had slain him outright , if he had not avoided the stroake by slipping backward , and falling down to the ground . Forthwith the Protectour arrested the Lord Hastings of high Treason ; and wisht him to make haste to be Confessed , for he swore by S. Paul ( his usuall Oath ) that he would not touch bread nor drinke till his head were off . It booted no● to ask , why ? for he knew the Protectours actions were not to be examined . So he was led forth unto the Greene before the Chappell within the Tower , where his head was laid downe upon a long logge of Tymber , and there strucken off . His body afterward with his head were interred at VVindsor , beside the body of King Edward . In this mans death we may see how inevitable the blowes of Destiny are : for the very night before his death , the Lord Stanley sent a secret messenger to him at midnight , in all the haste , to acquaint him with a Dreame hee had , in which hee thought that a Bore with his tusks so goared them both by the heads , that the blood ran about their shoulders : and for-as-much as the Protectour gave the Bore for his Cognisance , this Dreame made so fearefull an impression in his heart , that he was throughly resolved to stay no longer ; and had made his horse ready , requiring the Lord Hastings to goe with him , and that presently , to be out of danger , before it should be day . But the Lord Hastings answered the messenger : Good Lord ! leaneth your Master so much to such trifles , to put such faith in dreames , which either his owne feare fanta●ieth , or else doe rise in the nights rest , by reason of the dayes thoughts : Goe back therefore to thy Master , and commend me to him , and pray him to be merry , and have no feare ; for I assure him , I am as sure of the man he wo●●eth of , as of my own hand . The man he meant , was one Catesby , well learned in the Lawes of the Land ; who by his favour was growne into good authority in Leicestershire , where the Lord Hastings Estate lay . Of this man he m●de himselfe so sure , ●hat he thought nothing could be plotted against him , which he would not presently reveale unto him . But this man deceived him ; and was growne so inward with the Protectour , that being set by the Protectour to draw him to be a party in his designes , and finding he could not doe it , was himselfe the first mover to rid him out of the way . Another warning the Lord Hastings had : the same morning in which he was beheaded , his horse twice or thrice stumbled with him , almost to falling ; which though it often happen to such to whom no mischance is toward , yet hath it of old beene observed as a token foregoing some great misfortune . Also at the Tower-wharfe , neere to the place where his head soone after was strucken off , he met with one Hastings a Pursuivant of his own name ; to whom he said : Ah Hastings , dost thou remember I met thee here once with a heavy heart ! Yea my Lord , saith he , I remember it well ; and God be thanked , that time is past . In faith , man , said the Lord Hastings , I never stood in so great dread of my life , as I did when thou and I met here : and loe how the world is changed ! now stand my Enemies in the danger , as thou mayest hap to heare hereafter ; ( for the Enemies he meant were the Lord Rivers , and other of the Queens kindred , who that very day were beheaded at Pomfret ) and I never so merry , nor in so good surety as now I am . That we may know , there is not a greater Omen or signe of ill fortune , than to presume of good . And indeed , such is the uncertainty of our estate in this life , that we seldome know when we are in a Tempest at Sea , nor when we are in a Calm on shore ; thinking ourselves oftentimes most safe , when we are most in danger ; and oftentimes to be in danger , when we are most safe : He onely is in the true Haven , that can say as Christ teacheth us , Thy will be done in Earth as it is in Heaven . But this Lord being thus put to death ; the Lord Protectour , to colour the matter , immediately after dinner , in all haste sent for many substantiall Citizens ; at whose comming , himselfe with the Duke of Buckingham stood harnessed in old rusty Brigandines , to make a shew they were forced by the sudden danger to take such as they could first come by : and withall , a Herald of Armes is sent with a Proclamation in the Kings name , signifying , that the Lord Hastings with some others had conspired the same day to have slaine the Lord Protector and the Duke of Buckingham , as they sate in Counsell ; and after to have taken upon them to rule the King a●d Kingdome at their own pleasures . Now was this Proclamation made within two houres after the Lord Hastings was beheaded ; and was so curiously indited , and so so faire written in Parchment , and withall so long , that every childe might perceive it was prepared before : which made one that was Schoolemaster of Pauls , standing by when the Proclamation was read , to say , Here is a gay goodly Cast , foule cast away for haste : To whom a Merchant answered , It was written by Prophesie . And now by and by , as it were in revenge of her offence , the Protectour sent the Sheriffs of Lo●do● into the house of Shores wife , and spoyled her of all her goods , above the value of three thousand markes ; and then conveying her through London to the Tower , there left her Prisoner : where he laid to her charge , that she went about to bewitch him , and was of counsell with the Lord Hastings to destroy him . In conclusion , she was laid into Ludgate , and by the Bishop of London put to open Penance for incontinency ; going before the Crosse in Procession , upon a Sunday , with a Taper in her hand : in which , although she were out of all array , save her ki●tle only ; yet went she so faire and lovely , and withall so womanly and demurely , that m●ny who hated her course of life , yet pittied her course usage , and were not a little grieved to see her misery . And indeed , this may be said in her behalfe : that being in extraordinary favour with King Edward , yet she never used it to the hurt of any , but to the reliefe of many : and was ever a Mediatour , an Oppressour never . Now it was so contrived by the Protectour , that the very day in which ●he Lord Hastings was beheaded at London , and about the very same houre , there were beheaded at Pomfret , the Lord Rivers and the other Lords and Knights that were taken from the King at Northampton and Stonistratford ; which was done in the presence , and by the order of Sir Richard Ratcliffe knight , whose service the Protectour specially used in that businesse ; who bringing them to the Scaffold , and not suffering them to declare their innocency , lest their words might have inclined men to hate the Protectour , caused them hastily without Judgement or Order of Processe to be beheaded . When these were thus rid out of the way , then thought the Protectour that now was the time to put himselfe in possession of the Crown : but all the study was , by what means this matter being so hein●us in it selfe , might be broken to the people , in such wise , as that it might be well taken : for which purpose , It was thought fit to call to this Counsell Ed●●●d Sh●● knight the then Major of London ; who upon promise of advancement , should frame the peoples inclination to it . And because Spirituall men are best hearkened to for matters of Conscience , some of them were used also ; amongst whom , choice was made of Iohn Shaw Clerk , brother to the Major ; Fryer Penker , Provinciall of the Order of the Augustine Fryers : both great P●●achers , both of more learning then vertue , of more fame then learning . These two were appointed to preach , the one at Pauls Crosse , the other at the Spittle , in praise of the Protectour : Penker in his Sermon so lost his voice , that he was saine to leave off and come downe in the midst : Shaw by his Sermon lost his reputation , and soon after his life , for he never after durst come abroad , for very shame of the world . But now was all the labour and study , to finde out some convenient pretext , for which the people should be content to have the Prince deposed , and the Protectour be received for King ; to which purpose many things were devised ; the cheife was to alleadge bastardy either in King Edward himselfe , or in his children , or in both● To ●ay bastardy to King Edward , sounded openly to the reproach of the Protectours own Mother , who was Mother to them both ; he would therefore that point should more favourably be handled : but the other point concerning the bastardy of his children , he would have enforced to the uttermost : The ground whereof was , that King Edward had been formerly contracted to the Lady Elizabeth Lucie , by whom he had a childe ; though the said Lady , having been examined about it , confessed plainly , they were never assured . Yet upon this pretext , Doctor Shaw taking for his Text , Bastard Plants shall take no deep roote ; in his Sermon declared , that King Edward was never lawfully married to the Queen , but was before God , husband to the Lady Elizabeth Lucie , and so his children bastards . And besides that , neither King Edward himselfe , nor the Duke of Clarence were reckoned very sure for the children of the noble Duke Richard , as those that by their favours more resembled other known men ; but the Lord Protectour ( saith he ) is the fathers own figure● his own countenance , the very print of his visage , the plaine expresse likenes of that noble Duke . Now , It was before devised , that just at the speaking of these words , the Protectour should have come , to the end that th●se words meeting with his presence , might be taken among the hearers , as though the Holy Ghost had put them in the Preachers mo●th , and so should move the poeple even then to cry , King Richard , King Richard that it might be after said , he was specially chosen by God , and in a manner by Miracle : but this devise failed ; for whither by the Protectours slacknes in comming , or the Doctors haste in Preaching , he had passed those words , and was gone to cleane another matter , before the Protectour came ; so as afterward seeing him come , he was ●aine to leave the matter , he had in hand , and out of all order and frame begin to repeate those words againe : This is the very noble Prince , the Fathers own figure , his own countenance , the very print of his visage , the plaine expresse likenes of that noble Duke . While these words were in speaking , the Pro●e●tour accompanied with the Duke of Buckingham , passed through the people into the place where the Doctors sit ; and there sate to heare the Sermon : but the people were ●o farre from crying King Richard , that they cryed shame on the Preacher , for abusing his sacred function with so shamefull a Sermon . The Tuesday following this Sermon , the Duke of Buckingham with divers Lords and Knights came to the Guildhall in London ; and there before the Major and whole assembly of Citizens , made a very solemne and long Oration , wherein he recited many grievances of the late King Edwards Government , his many unnecessary Taxations and unjust severities ; thereby to bring his children into hatred : and then re●embred them of the late Sermon made at Pauls Crosse , by a learned Doctor ; who cleerly shewed the bastardy of King Edwards children ; and that Richard Duke of Glocester was the onely rightfull and indubitate heire to the Crowne of England : which the Lords of the Kingdome having taken into their consideration , had thereupon agreed to accept him for their King ; and now himselfe was come to acquaint them with it , and to require their consents . Which Oration ended , all men stood wondring at the motion , but no man offered to speak a word . At which the Duke marvelling , as supposing the Major had prepared them before ; he asked the Major privately , what this silence meant ? who answered , that perhaps they had not heard or understood what it was he said . Whereupon the Duke with a more a●dible voice repeated the same matter againe , in a more earnest and plain expression ; yet neither did that move them to shew any inclination to the motion . Then the Duke whispering with the Major , It was thought , that the Citizens being used to have such motions made them by their Recorder , they would better it from him ; and thereupon the Recorder is commanded to move them in it : but the Recorder ( called Fitzwilliams ) being an honest man and newly come to his place ; repeated onely as neer as he could the words of the Duke , but added nothing of his own ; so as neither did this move the people to breake their silence . At last , the Duke seeing their resolved ●ullennesse , told them plainly , that all the Nobility and Commons of the Realme were agreed to choose the Protectour for their King , as the true and undoubted heire ; so as he needed not to have moved them to it , but onely for the great respect they all bare to this honourable City ; and therefore required them plainly to speak their mindes , whether they would joyn with them in this choice or no. At this , certaine servants of the Dukes , and other of their procuring , standing at the lower end of the Hall , cast up their Caps , and cryed aloud , King Richard , King Richard ; whereat , though the whole multitude of Citizens marvelled what they meant ; yet the Duke taking advantage of it , as of an unanimous conset : A goodly cry ( saith he ) and thanked them all for their universall approbation ; promising he would acquaint the Protectour with the great love they shewed toward him : and then requiring the Major and chiefe Citizens to meet him the next morning at Baynards Castle , where the Protectour then lay ; there to joyn with him , in Petitioning the Protectour to accept of this their freely profered subjection ; he tooke his leave and so departed . The next morning according to appointment , they all meet at Baynards Castle ; where the Duke of Buckingham sends up word to the ● . Protector , th●● himself with the L. Major & his Brethren , were come to present a Supplication to him , concerning a busines of great importance : but the Protectour though ( preacquainted with all passages , yet made it strange what their Supplication should be ; and answered , that though he suspected nothing which the Duke of Buckingham presented to him ; yet he desired at least some some slight in●imation to what it might tend . To this it was answered , that the busines they came about was to be made known to himself in Person ; and therefore humbly besought him of admission in his presence : Upon this , as if not yet well assured of their well meaning towards him ; he appeares unto them in an upper Gallery , making semblance as though he would prevent all danger , by standing something aloofe and in his Fort : To whom the Duke of Bucking●●● , in behalfe of the Major and Nobility there present ; in most respective and re●erent manner makes req●est , that his Grace would pardon what he should deliver to him : and much circumstance he used , before he would discover their cause of ●omming : but though long first , yet at last , he told it : That in respect of the urgent nec●ss●ties of the Common-wealth , they all humbly intreated him to take upon him the Government of the Kingdome , as in his own Right , to whom they all tendred their Allegiance . At which words , the Protectour starting back , as if he had heard something most unpleasing to him , passionately answered : I little thought , good Cozen , that you of all men would have moved me to a matter which of all things in the world I most decline : Farre be it from to accept of that , which without apparent wrong to my deare deceased brothers sweet children , and my own upright Conscience , I cannot well approve of . And then being about to proceede in his premeditated di●●imulation ; the Duke in a seeming abrupt passion , kneeling upon his knee , sayd ; Your Grace was pleased to give me free liberty to deliver unto you , in the name of this worthy assembly , the tender of their ●●tifull obedience to you : but I must further adde , that it is unanimously resolved on , that your late brother King Edwards children , as being generally known to be Illegitimate , shall never be admitted to the Crown of England ; and therefore if your Grace shall neither regard your selfe , nor us so much , as to accept it , we are directly determined to conferre it upon some other of the House of L●●caster , that will be more sensible of his own and our good . These words wrought so powerfully upon the Protectours passions ; that with some change of Countenance , and not without a seeming reluctation , he said ; Since I perceive the whole Realme is so resolved , by no mean● to admit my deer Nephews , being but children , to Reigne over you ; and seeing the Right of succession belongs justly to me , as the indubi●ate Heire of Richard Plantagenet Duke of Yorke , my Illustrious Father : Wee are contented to condiscend to your importunities , and to accept of the Royall Government of the Kingdome , and will to the uttermost of my power endeavour to procure and maintain the welfare thereof . And having so said , he came downe from his Gallery , and very formally saluted them all : which so pleased the giddy multitude , that presently they fell to acclamations , Long live King Richard our dread Soveraigne Lord● and then every man departed . THE REIGNE OF KING RICHARD THE THIRD . IT was now the eighteenth day of Iune , in the yeer 1483. when Richard Duke of Glocester tooke upon him the Crown : so as the imaginary Raigne of Edward the fifth , continued but just tenne weeks . The next day , King Richard with a great train went to Westminster-hall , and placed himselfe in the Court of the Kings Bench , saying , he would take the Crown upon him in that place where the King himselfe sitteth and ministreth the Law ; because he considered that it is the chiefest duty of a King to administer the Laws : And here to get the love of the people by a feigned clemency ; he sent for one Fogge out of Sanctuary , who for feare of his displeasure was fled thither ; and there in the fight of all the people , caused him to kisse his hand . After his return home , he tooke to wife the Lady Anne , youngest daughter of the great Warwicke , and the relict of Prince Edward , sonne of Henry the sixth ; though ●hee could not be ignorant , that he had been the Author both of her husbands and 〈◊〉 death . But womens affections are Eccentrick to common apprehension ; whereof the two Poles are Passion and Inconstancy . Against his Coronation he had sent for five thousand men out of the North ; and these being come under the leading of Robin of Riddesdale , upon the fourth of Iuly● together with his new bride , he went from Baynards Castle to the Tower by wa●●● , where he created Edward his Sonne a childe of ten yeers old , Prince of Wales● 〈◊〉 Lord Howard Duke of Norfolke , his Sonne Sir Thomas Howard Earle of Surry● 〈◊〉 Lord Berckley Earle of Nottingham , Francis Lord Lovell Viscount Lovell , 〈…〉 Chamberlane , and the Lord Stanley ( who had been committed pri●oner to the ●ower , in regard his Sonne the Lord Strange was reported to have levied forces 〈…〉 ) not only that day was released out of prison , but was made Lord 〈◊〉 of his Househould . The Archbishop of Yorke was likewise then delivered ; but Morton B●shop of Ely ( as one that could not be drawne to the disinheriting of 〈◊〉 Edwards children ) was committed to the Duke of Buckingham , who sent him to his Castle of Brecknock in Wales , there to be in custody . The same night were made seventeen knights of the Bath , Edmund the Duke of Suffolkes sonne , George Gray the Earle of Kents sonne , Willia● the Lord Zouches sonne , Henry Aburga●●●● Christopher Willoughby , Henry Babington , Thomas Arundell , Thomas Boleigne , Gerv●● Clifton , William ●ay , Edmund Bedingfield , William Enderly , Thomas Lewku●● , Th●m●● of Vrmond , Iohn Bromne , and William Berckley . The next day , being the fifth o● Iuly , the King rode through the City of London to VVestminster , being accompanied with the Dukes of Norfolk , Buckingham , and Suffolk ; the Earles of Northu●b●rland , Arundell , Kent , Surrey , VVil●shire , Huntington , Nottingh●m , Warwick , and Lincol●● the Viscounts Liste and Lovell ; the Lords Stanley , A●dely , D●cres , Pe●●ers of Chartley , Powis , Scroope of ●psale , Scroope of Bolton , Gray of Codner , Grey , of Wilton , Sturton , Cobham , Morley , Burgeveny , Zouch , Ferrers of Croby , Wells , Lumley , Matr●vers , Herbert and Beckham , and fourescore Knights . On the morrow , being the sixth of Iuly , the King with Queene An●e his wife , came downe out of the White-Hall , into the Great Hall at Westminster , and went directly to the Kings Bench ; and from thence , going upon Ray-cloath , bare-footed , went unto St. Edwards shrine , all his Nobility going with him , every Lord in his degree . The Bishop of Rochester bore the Crosse before the Cardinall : Then followed the Earle of Huntington , be●ng a paire of gilt-spurres , signifying Knighthood : Then followed the Earle of ●●●ford , bearing St. Edwards sta●fe , for a Relique : After him came the Earle of ●●●thumberland bare-headed , with the pointl●sse sword naked in his hand , signifying Mercy : The Lord Stanley bare the Mace of the Constableship : The Earle of Ken● bare the second sword , on the right hand of the King , naked , with a point ; which signifyed Justice to the Temporalty : The Lord Lovell bore the third sword on the Kings left hand , with a point ; which signifyed Justice to the Clergie : The Duke of Suffolk followed with the Scepter in his hand , which signified Peace : The Earle of Lincolne bore the Ball and Crosse , which signified Monarchy : The Earle of S●rry bore the fourth sword before the King , in a rich scabbard ; which is called the sw●●d of Estate : Then went three together ; in the midst went Gartar king of Armes , in his rich Coat ; and on his right hand went the Major of London , ●earing a Mace ; and on his left hand went the Gentleman-Usher of the Privy Chamber : Then followed the Duke of Norfolk , bearing the kings Crown between his hands : Then followed king Richard in his roabes of Purple-velvet , and over his head a Canopy , bor●e by foure Barons of the Cinque-Ports ; and on each side of the king went a Bishop● on one side , the Bishop of Bath ; on the other , of Durham : Then followed the Duke of Buckingham , bearing the kings traine , with a white staffe in his hand , signifying the office of High Steward of England . Then followed the Queenes traine , before whom was borne the Scepter , the Ivory rod , with the Dove , ( signifying innocency ) and the Crown : herselfe apparelled in roabes like the kings , under a rich Canopy , at every corner thereof a bell of gold : On her head she wore a circlet , set full of precious stones , the Countesse of Richmond bearing her traine ; the Dutchesses of Norfolk and Suffolk in their Coronets , attending ; with twenty Ladies of Estate most richly attired . In this order they passed the Palace into the Abbey : and going up to the High Altar , there shifted their roabes ; and having other roabes open in divers places from the middle upward , were both of them Anoynted and Crowned : and then after the Sacrament received , ( having the host divided betwixt them ) they both offered at St. Edwards shrine ; where the king left St. Edwards Crowne , wherewith he had been Crowned , and put on his owne : and this done , in the same order and state as they came , they returned to Westminster-hall , and there held a most Princely feast : at the second course whereof , there came into the Hall Sir Robert Dymock the kings Champion , making Proclamation , that whosoever would say th●● king Richard was not lawfull king of England , he was there ready to prove it against him ; and thereupon threw down his Gantlet : and then all the Hall cryed , king Richard , king Richard. And thus with some other Ceremonies , the Coronation ended ; and the king and Queen returned to their lodgings . Presently after this , king Richard sent a solemne Ambassage to Lewis king of France , to conclude a Leag●e and Amity with him : but the French king so abhorred him and his cruelty , that hee would not so much as see , or heare his ●●b●ssadors ; but sent them away with shame , in disgrace of their Master . At this t●me , with his Queen , he made a Progresse of Glocester , under colour to 〈…〉 of his old Honour ; but indeed , to be out of the way , having a speciall 〈…〉 to be acted : for though he had satisfied his Ambition , by depriving his 〈◊〉 Nephews of their livelihoods ; yet it satisfied not his Feare , if he deprived 〈…〉 also of their lives . For effecting whereof , his old friend the Duke of Buck●●●●●● was no fit instrument ; it must be one of a baser metall : and to finde out 〈…〉 henceded not goe farre ; For upon inquiry , he was told of two that lay 〈…〉 it Chamber to him ; Sir Thomas and Sir Tyrrell● two brothers , like 〈…〉 , not more neere in blood , than different in conditions ; of equall 〈…〉 of personage both , but not of equall goodnesse of minde ; Sir Thomas 〈◊〉 of in honest and sober disposition ; but Sir Iames of a turbulent spirit , and one 〈…〉 after preferment , would not stick to make a fortune out of any villany . 〈◊〉 told of this man , as he was sitting at the close-stoole , he presently ro●e and 〈◊〉 to him : where being met , the ma●ch is soon made up between them ; for he 〈◊〉 Sir Iames more ready to undertake the work , than he was himselfe to set him 〈◊〉 it . It onely remained , to procure him free passage to the place where the 〈◊〉 was to be done : for King Richard had formerly sent a trusty Privado of his , 〈◊〉 Iohn Greene , to Sir Robert Brackenbury then Lieutenant of the Tower ; think 〈…〉 , having been raised by him , would not have refused to doe the deed himselfe , but when he heard how averse he was from it , Good Lord ( saith he ) whom 〈◊〉 man trust ? Once he saw plainly , that whilst he was Lieutenant , there was 〈…〉 to effect it . To remove therefore this Rub , he sends his Letters Man●●●● to Br●ckenbury , to deliver presently the keyes of the Tower to Sir Iames 〈◊〉 : who being now Lieutenant for the time , and having the two innocent 〈◊〉 under his custodie ; gets two other , as very villaines as himselfe ; the one 〈…〉 , the other Iames Dighton his horse-keeper , a bigge sturdy knave : and 〈…〉 makes his under-agents ; who comming into the childrens chamber in the 〈◊〉 , ( for they were suffered to have none about them , but one Black - Will , or 〈◊〉 ●●●●ghter , a bloody rascall ) they suddenly lapped them up in their cloaths , 〈…〉 down by force the featherbed and pillowes hard unto their mouths , so 〈…〉 , that their breath failing , they gave up their innocent soule ; to God : 〈◊〉 when the mur●herers perceived , first by their strugling with the paines of 〈◊〉 , and then by their long lying still , to be throughly dead ; they laid their bodies out upon the bed , and then fetched Sir Iames to see them ; who presently caused their bodies to be buried under the staires , under a heap of stones : from whence they were afterward removed to a place of Christian buriall , by a Priest of Sir Robert 〈◊〉 ; who dying within a few dayes after , and none knowing the place but 〈◊〉 , was cause that it hath not been known to this day ; and gave occasion afterward●● the Imposture of Perkin Warbeck , in King Henry the Seventh's Raign . Some 〈◊〉 , that king Richard caused their bodies to be taken up , and closed them in lead , and then to be put in a Cossin full of holes , hooked at the ends with Iron ; and so 〈…〉 a place called the Black Deepes , at the Thames mouth , to be sure they should 〈◊〉 rise up , not be seen againe . And now see the Divine revenge upon the actors 〈…〉 ●●cerable murther : Miles Forrest , at St. Martins le Grand , peece-meale rot●●● away : Dighton lived at Callice a long time after ; but detested of all men , dyed 〈◊〉 misery : Sir Iames Tyrrell was beheaded afterward on the Tower-hill for 〈◊〉 and king Richard himselfe , after this abhominable fact done , never had 〈◊〉 minde ; troubled with fearfull dreames , and would sometimes in the night 〈◊〉 of his bed , and run about the Chamber in great fright , as if all the Furies of 〈◊〉 were hanging about him : that it was verefied in him , ●ltrix Tisiphone vocat 〈◊〉 seva sororum . Con●●deracies in evill are seldome long-lived , and commonly end in a reciprocall 〈◊〉 : and so was it now with king Richard and the Duke of Buckingham : They had confederated together to the destruction of many ; and now their confederacy dissolves in both their ruines : but what the cause was of their dissolving , is not so certaine : whether it were that the Duke thought not himselfe so well rewarded , as his great services had deserved ; or whether it were , that King Richard thought not himselfe absolute King , as long as the Duke , by whose means he came to be King , was in such a height of greatnesse ; or whether it were ( as was rather thought ) that the Duke being a man ambitious and of an aspiring spirit ; though he had himselfe been the means to bring King Richard to the Crown ; yet when the Crown was put upon his head , so envied at it , that he turned his head another way , ●s not enduring the sight ; and for the same ca●se , was willing not to have been present at the Coronation , pretending sicknes in excuse of his absence ; but that King Richard sent him a sharpe Message , requiring him to come or he would fetch him : whereupon the Duke went , but with so ill a minde , that he bore it in minde ever after . Whatsoever it was , certaine it is , that presently after the Coronation , there grew great jealousies between them ; and the Duke retired himselfe to his Castle at Brecknock , where he had the Bishop of Ely in custody . And here we may observe the unsearchable depth of the divine Providence ; the bottome whereof , the soundest judgement of Man can never sound , as working effects by contrary causes : for where King Richard had committed the Bishop to the Duke , as to one that would have a most watchfull eye over him ; This which the King did for the Bishops greater punishment , proved a means afterward of the Bishops greater advancement , and a means at the present of King Richards ruine . For the Duke being retyred home , and having his head so full of thoughts , that of necessity it required ●ent ; for his own recreation , would sometimes fall in talke with the Bishop ; with whose discourse ( as he was a man of great wit and solid judgement ) the Duke was so taken , tha● he grew to delight in nothing more then to be conferring with him . One time it happened , that the Duke had opened his minde something freely to him ; and the Bishop following him in his own way , and cunningly working upon that humour of the Duke , which he found most working in the Duke ; which he conceived to grow out of envy to king Richard : he said to this purpose ; My Lord , you know I followed first the part of king Henry the sixth , and if I could have had my wish , his Sonne should have had the Crown , and not king Edward : But after that God had ordained king Edward to Reigne ; I was never so mad , that I would with a dead man strive against the quick . And so was I to king Edward also a faithfull Chaplaine , and glad would have been that his childe had succeeded him : How be it , if the s●cret Judgement of God have otherwise provided ; I purpose not to labour to set up that which God pulleth down . And as for the Lord Protectour , and now King● ; and even there he left : saying , he had already meddled too much with the world ; and would from that day meddle with his Books and his Beads , and no further . Then longed the Duke exceedingly to heare what he would have said ; because he ended with the king , and there suddenly stopped : and thereupon intreated him to be bold to say whatsoever he thought ; whereof he faithfully promised there should never come hurt , and peradventure more good then he would thinke ; and withall , that himselfe intended to use his secret Counsell ; which ( he said ) was the only cause for the which he had procured of the king to have him in his custody . The Bishop humbly thanked him , and said : In good faith my Lord , I love not to talke much of Princes , as a thing not all out of perill , though the word be without fault , for so much as it shall not be taken as the party meant it , but as it pleaseth the Prince to construe it . And ever I thinke on Aesops Tale , that when the Lyon had proclaimed on paine of death , that no horned beast should abide in a certaine Wood ; one that had in his forehead a bunch of flesh , fled away a geart pace : the Fox that saw him run so fast , asked him whither he made all that haste ? who answered , in faith I neither wot nor reck , so I were once hence , because of the Proclaimation made of horned beasts : why foole , ( quoth the Fox ) thou mayest abide well enough , the Lyon meant it not by thee , for it is no horn that is in thy head : No mary ( quoth he ) that wote I well enough ; but what if he call it a horne , where am I then ? The Duke laughed at the Tale , and said ; My Lord , I warrant you , neither the Lyon not the Bore shall picke any matter at any thing here spoken ; for it shall never come neere their eare . Then said the Bishop , In good faith Sir , if it did , the thing I was about to say , taken as well as a fore God I meant it , could deserve but thank ; and yet taken as I ween it would , might happen to turne me to little good , and you to les●e . Then longed the Duke much more , to heare what it was : whereupon the Bishop said , My Lord , as for the late Protectour , sith he is now king in Possession , I purpose not to dispute his title ; but for the weale of the Realme , I could wish he had in him those excellent virtues which God hath planted in the person of your Grace : and there left again . The Duke somewhat marvelling at his sudden pause , said , My L. I cannot but note your sudden stopping in your speech , so as your words come not to any direct sentence , whereby I may have knowledge , eith●r what your inward intent is now toward the king , or what your affection is toward me : I therefore intreate you to use no more such obscurity , but plainly to disclose your minde unto me , who upon mine honor will be as secret in the case , as the deafe and dumb person is to the singer , or the Tree to the Hunter . The Bp. then upon confidence of the D. promise , said● my Lord , I plainly perceive , the kingdome being in the case as it is , under such a King as now we have , must needs decay and be brought to confusion ; but one hope I have , that when I consider and daily behold your noble Personage , your Justice , your ardent love towards your Country , and in like manner the great love of your Country towards you ; I must needs thinke this Realme fortunate , that hath such a Prince in store , meet and apt to be a Governour ; in whose person consisteth the very undoubted Image of true honour . And then taxing the present king with many cruelties and oppressions , he concluded , saying : And now my Lord , if either you love God , your Linage , or your native Country , you must your self take upon you the Crown and Imperiall Diadem of this Realme ; but if your selfe will refuse to take it upon you , I then adjure you , by the faith you owe to God , and by the love you beare to your native Country , to devise some way , how the Realme may by your Princely policy be reduced to some convenient Regiment , under some good governour by you to be appointed : And if you could devise to set up againe the Linage of Lanc●ster ; or advance the eldest daughter of King Edward to some puissant Prince : not onely the new Crowned king should little enjoy the glory of his dignity , but all Civill Warre should cease , and Peace and Profit should againe flourish . When the Bishop had ended his saying , the Duke sighed , and spake not of a good while ; which sore abashed the Bishop , and made him change colour : which the Duke perceiving , he said ; Be not afrayd my Lord , all promises shall be kept : so for that time they parted . The next day , the Duke sent for the Bishop , and having rehearsed unto him the Communication had between them the day before , he went on and said : My Lord of Ely , since I perceive your true heart and sincere affection toward me ; I will now discover unto you , all that hath passed my own imaginations . After I had found the dissimulation and falsenesse of king Richard , and specially after I was informed of the murther of the two young Princes , to which ( God be my Judge ) I never condiscended ; I so much abhorred the sight , and much more the company of him , that I could no longer abide in his Court ; but feigning a cause to depart , I tooke my leave of him ( he thinking nothing lesse , then that I was displeased ) and so returned to Brecknok to you ; but in that returning , whether it were by inspiration , or els● through some melancholike disposition , I had divers imaginations how to deprive this unnaturall and bloody Butcher of his Royall seat and dignity . First● I fantasied , that if I list to take upon me the Crown , Now was the time , when this Tyrant was abhorred and detested of all men ; and knowing not of any that could pretend Title before me : In this imagination I rested two dayes at Tewkesbury ; in my journey from thence , I mused and thought , that it was not best nor convenient to take upon me as a Conquerour , for then I was sure that all men and specially the Nobility would oppose me ; but at last there sprung up a branch in my head , which I surely thought would have brought forth faire flowers , but they turned indeed to dry weeds : For I suddenly remembred that the Lord Edmund Duke of Somerset , my Grandfather , was with king Henry the ●ixth , in two or three degrees of Iohn of Gaunt Duke of Lanc●ster ; so that I thought certainely , my Mother being eldest Daughter to Duke Edmund , that I was next heire to king H●nry the sixth , of the House of Lanc●ster : This Title pleased well such as I made of my Counsell , and much more it eleva●ed my ambitious intent ; but while I was in a maze , whether I were best suddenly to set this title open amongs● the Common people , or else keep it secret a while , see what chan●ed : As I ●ode between Worcester and Bridgenorth , I met with the Lady Margaret Countesse of Richmond , now wife to the Lord Stanley , who is the daughter and sole heire to Iohn Duke of Somers●t my Grandfathers elder brother ( which was as cleane out of my minde , as if I had never seen her ) so that she and her sonne the Earle of Richmond h●ve both of them Titles before mine , and then I cleerly saw how I was deceived : w●●●eupon I determined , utterly to relinquish all such fantasticall imaginations concerning the obtayning the Crown my selfe● and found there could be no better way to settle it in a true establishment , then that the Earle of Richmond , very heire of the house of Lancaster ; should take to wife the Lady Elizabeth , eldest Daughter to king Edward , the very heir of the house of York ; that so the two Roses may be united in one : & now ( saith the Duke ) I have told you my very minde . When the Duke had said this , the Bishop was not a little glad , for this was the marke he had himselfe aymed at : and thereupon , after some complements of extolling his device , he said : Since by your Graces incomparable wisdome , this noble conjunction is now moved ; It is in the next place necessary to consider , what friends we shall first make privy of this intention . By my truth ( quoth the Duke ) we will begin with the Countesse of Richmond the Earles Mother ; who knoweth where he is , either in captivity or at large in Brittaine . And thus was the foundation laid of a league , by these two great men ; by which the death of the two young Princes was fully revenged : and it was not talk● of onely , but presently put in execution ; for now is Reynold Bray imployed by the Bishop , to his Mistresse the Dutchesse of Richmond ; Doctor Lewis the Dutchesses Phisitian was imployed by her to the Queen Elizabeth ; Hugh Conway and Thom●● R●me were imployed to the Earle of Richmond ; to acquaint them , but in most secret manner , with the intended plot , and to procure their promises to the propounded marriage ; which was no hard matter , to make them all willing to their own wishes . This done , Instruments are imployed , to draw in parties to the confederacy ; Bray by his credit drew in Sir Gyles Danbe●y , Sir Iohn Cheyney , Richard Guildford , Thomas R●me and others ; Vrswick likewise drew in Hugh Conway , Thomas Colepepper , Thomas Roper with some others ; Doctor Lewis drew in Edward Courtney and his brother Peter Bishop of Exceter . It is memorable , that Thomas Conway being sen● most part by Sea , and Thoma● R●me most part by Land ; yet came to the Ea●le of Richmond in Brittaine , within the space of little more then an houre ; upon whose information of the plot , the Earle acquaints the Duke of Brittaine with it , who , though by Hutton King Richards Ambassadour , he had by many great offers been sollicited to detaine him in prison ; yet he both readily promised and really performed both his advice and ayde to the Earles proceedings . In this meane time Bishop Morto● , not without asking the Dukes leave , though without obtaining it , secretly in disguise , gets him into his Isle of Ely ; and there having done the Earle good Offices by procuring of friends , he thence passeth into Brittaine to him ; from whence he returned no more , till afterward the Earle being king , sent for him home and made him Archbishop of Canterbury . But though all these things were carried closely , and Oath taken by all for secresie , yet came it to King Richards knowledge ; who notwithstanding dissembling it , sends for the Duke of Buckingham to come unto him ; and he putting off his comming with pretended excuses , is at last peremptorily sent for to come upon his Allegiance : when he returned this resolute answer , that he owed no Allegiance to such a perjur'd inhumane Butcher of his owne Flesh and Blood : and so from that time , preparation for Arms is made on both sides . The Duke had gotten a good power of Welshmen ; and the Marquesse Dorset having gotten out of Sanctuary , was labouring in Yorkeshire to raise forces ; the like did the two ●ourtneys in Devonshire and Cornwall , and Guilford and R●me in Kent . King Rich●rd setting forward with 〈◊〉 forces ; the Duke of Buckingham doth the like , intending at Glocester to have 〈◊〉 Severn , and so to have joyned with the two Courtneys ; but such abundance o●●aine at that time fell , that the Severn was broken out , and impossible to be passed 〈◊〉 ; which the Welshme● seeing , and taking it for an ill signe , they secretly sl●pt away : so as the Duke le●t well neer alone , without either Page or so much as a Footm●● ; repaired to the house of one Humfry Bannister neere to Shre●sbury ; who having been raised by him , and his father before him ; he thought himselfe safe under his roofe : But Bannister , upon Proclamation made by king Richard , that whosoever could apprehend the Duke , should have a thousand pound for his labour ; like an ungratefull and perfidious wretch , discovered him to Iohn Milton High Sheriffe of 〈◊〉 , who took him in a pilled black Cloak , as h● was walking in an Orchard behinde the house ; and carried him to Shrewsbury , where king Richard then lay ; ●nd there without Arraignment or Legall proceeding , was in the Market place beheaded . Whether Bannister received the Proclaimed reward from the hand of the King , is uncertaine ; but certaine it is , that he received the reward of a Villaine from the hand of Divine Justice ; for himselfe was afterward hanged for man-slaughter , his eldest daughter was deflowred by one of his Carters , or as some say , strucken with a foule Leprosie ; his eldest Sonne in a desperate Lunacy murthered himselfe , and was ●ound to have done so , by the Coroners inquest ; and his younger Sonne in a small puddle was strangled and drowned . Upon this disaster of the Duke of Buckingham , his complices shifted for themselves ; s●me taking Sanctuary , some keeping themselves in unknown places , but many convayed themselves into Brittaine to the Earle of Richmond● of whom the Marquesse Dorset , Iohn Lord Wells , the Bishop of Exceter and his brother Sir Ioh● 〈◊〉 , Sir Edward Woodvile brother to Queen Elizabeth , Sir Willoughby● Sir Giles Da●beney , Sir Thomas Arundell , Sir Iohn Cheyney and his two brethren , Sir Willia● B●rckly , Sir William Brandon and his brother Thomas , Sir Richard Edgecombe , Hollowell and Poynings Captaines , were the chiefe . Whil'st these things are in doing , king Richard receives intelligence from Hutton his Ambassadour leiger in Britaine ; that the Duke not onely refuseth to restaine the Earle of Richmond , but intendeth also to give him assistance : whereupon the king ●●oke present order for preparing his Navy to stop the Earles landing in any Port of England . Upon the twelveth day o● October in the yeer 1484. The Earle of Richmond with forty Ships , and five thousand waged Brittain tooks , to sea ; but that Evening , by tempest of weather , his whole Fleet was dispersed , so as only the Ship wherein the Earle himselfe was , with one little Barke , was driven upon the Coast of Cornw●ll ; where discovering upon the shore great store of Armed Souldiers to resist his landing ; he hoysed sayle , and returning toward France , arrived in Normandy ; from whence sending Messengers to Charles the Eighth King of France , he was by him not onely kindely invited to come to his Court , but was ayded also with good s●mmes of money to beare his charges . After this , the Earle returning into Britt●i●e , received there the news of the Duke of Buckinghams death , and the disp●r●ing of the Confederates forces ; with which though he was at first much troubled , yet was he as much comforted afterward , when he saw the Marquesse Dorset and those other Lords and Captaines come unto him : soon after whose comming , upon Christ●●sse day before the high Altar in the great Church of Rheims , the Earle of Richmo●d gave Oath , to marry the Lady El●zabeth , as soone as he should be quietly ●e●led in the Government of England : and thereupon all the Lords and Knights there present , did him homage , and in the same place , each to other Religiously Vowed , taking the Sacrament upon it ; never to cease prosecuting warre against king Richard , till either his Deposition or Destruction . King Richard being informed of these things , makes diligent enquiry after all such as might be suspected to be favourers of Richmonds association ; of whom Sir George Brown , and Sir Roger Clifford with foure other Gentlemen are apprehended and ex●cuted at London : Sir Thomas Sentl●ge● , whom m●rried Anne the Duke of Excet●rs widdow , this kings own sister , and Thomas Rame Esquire were executed at Exceter . Thomas Marquesse Dorset , and all such as were with the Earle of Rich●●●d , were at a Parliament then holden att●inted of Treason , and all their Good● a●d Lands seized on to the kings use : Besides these , a poore Gentleman called C●lli●gbor●● , for making a small ryme of th●ee of his wicked Co●nsellours ; the Lord L●●●ll , Sir Robert Ratcliffe , and Sir William Catesby : which ryme was thus framed : 〈◊〉 Cat , the Rat , and ●●vell the Dog ; rule all Engla●● under a ●●og : was put to deat● , ●nd his body divided into foure quarter● . At this time , a Truce is concl●ded betwixt England and Sc●●land , for three years● and for a se●ling a firmer Amity between the two kingdomes , a marriage it treated● of between the Duke of Rothsay , eldest Sonne to the king of Scots ; and the Lady Anne de la Poole , daughter to Iohn Duke of Suffolk , by Anne sister to king Ri●hard , which sister he so much favoured , that after the death of his own sonne , who dyed some time before ; ●e caused Iohn Earle of Lincolne , her sonne and his Nephew , to be proclaimed Heire apparent to the Crown of England . And now King Richard , to take away the Root of his feare , once againe sent Amb●●●adors to the Duke of Britaine , with orde● ( besides the great gifts they caried with them ) to make offer , that king Richard should yeerly pay and answer the Duke of all the Revenues and Profits of all lands and possessions● as well belonging to the Earle of Richmond , as of any other Nobleman or Gentleman that were in his company ; if he after that time would keep them in continuall prison , and restraine the● from liberty . But the Duke of Brit●ine being at that time fallen into such infirmity , that the Ambassadors could have no audience ; they addressed themselves to ●eter Landois , the Dukes chief Treasurer : and he taken with this golden hook , faithfully promised to satisfie their Request ; and had done so indeed , but that B. Morto● , sojourning then in Fl●●ders , had by his friends Intelligence of his purpose , and presently informed the E. thereof . The E. was then at Va●●e●● who , upon the Bps. information , taking with him only five servants , as though he went but to visit some friend ; when he was five miles forward on his way , suddenly turned into a Wood adjoyning ; and there changing apparell with one of his servants , followed after as their attendant ; and never rested , till by wayes unknown he came to his company abiding at Angi●r● : yet was not his departure so secret nor so sudden , but that Peter Landois had notice of it ; who sending Posts after him , was so neer overtaking him , that he was scarce entred one houre into Franc● , when the Posts arrived at the Con●ines , and then durst goe no further . In the mean time , Sir Edward Woodvile and Captaine P●ynings , who with their companies were left behinde in Vannes , had been in danger of Peter L●ndis his malice ; but that the Duke being informed by the Chancellour of their case , not only protected them , but furnished them with all necessaries for their journey to the Earle : and was so incensed against L●●dois for this action of his , that for this and some other over-bold pre●umptions , he was afterward hanged . The Earle having passed this danger in Britaine , and being arrived in France , addresseth himselfe to the French king , imploring his ayde ; and hath it promised and performed : and in this time Iohn Vere Earle of Oxford , who had long time been kept prisoner in the Castle of Hammes , so farre prevailed with Iames Blunt Captaine of the Fortresse , and Sir Iohn Fortescue Porter of the Town of Callice ; that not onely they suffered him to be at liberty , but accompanied him also to the Earle of Richm●●● , to whom Captain Blunt gave assurance that the Fortresse remained wholly at his devotion . At this time also there resorted to the Earle , divers young Gentlemen that were Students in the University of Paris , profering him their service ; amongst whom was Richard Fox , at that time famous for his learning ; with whom afterward the Earle advised in all his affaires , made him one of his most Privy Counsell , and at last Bishop of Winchester . But now king Richard having been disappointed of his designe in Britaine , hath another way in his head , to disapoint the Earle of Richmond of his marriage with the Daughter of Queen Elizabeth : and to this end , he sent to the Queen● ( being still in Sanctuary ) divers messengers , who should first excuse and purge him of all things formerly attempted and done against her ; and then should largely promise promotions innumerable , not onely to her selfe , but also to her sonne Lord Thomas Marquesse D●r●et● by ●or●e of which promises , the messengers so prevailed with her , ●hat no● onely she began ●o relent , but 〈…〉 was content to submit her selfe wholly to th● king● pleasure . And thereupon putting in oblivion the murther of her inno●●●● Children , the butchering of her own Brother and Sonne , the infamy of her ●oy●ll Hu●●and , the aspersion of Adulte●y cast upon her selfe , the imputation of Bastardy laid to her Da●●hter●● forgetting also her Oa●h made to the Earle of Richmonds Moth●r ; seduced by fla●tering words , she first delivered into king Richards hands her ●ive Daughters , and after sent letters to the Marquesse her Sonne , being then at Pari● wit● the Earle of Richmond ; willing him by any means to leave the Earle , and with all speed to repaire into England● where for him were provided great Honours and Promotions : Assuring him further , that all offences on both parts were forgot●en ●nd forgiven ; and both he and she incorporated in the kings favour . If we wonder at this credulity in the Queen , we may conceive she was moved with the 〈…〉 motives of Feare and hope ; she feared ( no doubt ) that if she denyed the king● request , he would presently take some sharpe course both against her and her D●●●ht●rs ; and she hoped that if she yeelded to his request , he would undoub●e●ly performe his promise , seeing it was as easie for him to keep it as to breake it . But now king Richards purpose being to marry one of his brother king Edwards daughters : there was one impediment which directly hindred it ; that he had a wife living ; and how to be rid of her , that he might not bring new aspersions upon hi●selfe , he could not well tell ; yet this he resolved , that be rid of her he would by some way or other : but before he would use extremity , he would first try milder wayes ; and first he absteyned both from her bed and company , and complained to divers of her barrennesse ; which comming to her ●are , he hoped might cause her ●o dye with griefe : And when this device failed , he then caused a rumour to be s●●●●d among the people , that she was suddenly dead ; hoping the very conceite thereof would kill her : when this device also failed , ( for the Queen hearing of it , and mistrustring the worst , with a most sorrowfull countenance came unto him , demanding what she had done , that he should judge her worthy to dye ? who answered with faire words , bidding her be of good cheere , for ( to his knowledge ) she should have no other cause : ) he then made sure worke ; for within few dayes after , whether by poyson or by what other ●eans , it is not certainly known , she departed this life ; and with all solemnity , not without some formall tears of king Richard , was interred in St. Peters Church at Westminster . King Richard now by his wives death , having made himself way to marry another ; 〈◊〉 all the alluring means he can devise , to win the love of the Lady Elizabeth his 〈◊〉 , but meaning at last to purchase his desire by Rape , if he could not otherwise● and had perhaps done it , but that the storms threatned from beyond the seas , growing every day more strong then other , forced him to prorouge the execution of his desires , and look to the prevention of his present danger . The Lord Stanley is commanded presently to levy forces for the kingsayde , as he will justifie his integrity to him ; but yet is not permitted to goe down into the Country , untill he had left George Lord Strange his eldest Son , as a Pledge of his Loyalty , behinde him . And now king Richard being informed ( though the information was craftily suborned by his Enemies ) that the Earle of Richmond was out of hope of any great assistance from France ; dischargeth the ships which he had appointed to guard the seas , ●●d likewise all the souldiers ; onely order is given for diligent watching of the Beacons . At this time , one Morga● Kidwelly , a Student at the Innes of Court , with great ha●●d of his life , passed over to the Earle ; Informing him , that King Richard by all means laboured to match himself with the Lady Elizabeth : which so wrought with the Earle , that he saw there was no lingring : and the more , being by him further informed , that Ric● ap Thomas and Iohn Savage , two powerfull men in their Coun●r●es , were ready with great forces to assist him : Whereupon not having above two thousand Mercenaries , and but indifferent shipping to convay him over : about the middle of August he put to sea , and by the advice of the said Kidwelly , steered his course for Wales , and on the seventee●●● day after his departure from Harflew , arrived at Milford Haven ; and there landing his for●es without trouble or impeachment , from thence m●●●hed peacably 〈◊〉 Hereford , where by the Inhabitants he was joyfully received . Here he receiveth news by Captaine Arnold Butler , that the Earle of Pembrooke with all hi● reti●●● , was upon the way to joyne with him ; also thither came to him R●chard Griffith and Iohn Morgan , with a band of brave Welsh men ; and the same day , Sir Gi●ber● T●lbo● with all the Earle of Shewsbury●s Tenants , ( being about two thousand well appointed men ) came unto him : with these he marched towards Shrewsbury ; at which time word is brought him , that Sir Robert Herbert and Rice ap Thomas , were ready with a great power to stoppe his passage : which somewhat troubled him , that his friends so suddenly should revolt : but it was but a trick of R●ce ap Tho●●● to make his bargaine the surer : for soon after , Rice ap Thomas meets him , and offers him his service , so as the Earle will pledge his faith to performe his promise formerly made ; which was , that having once obtained the Crown , he would make Rice sole Governour of Wales : which was now assented to , and afterward performed● At this time the Lord St●●ley with five thousand men , had taken up his lodging at the Town of Leicester ; but hearing of the Earles march that way , he le●t Leicester and went to Adde●t●● , not daring to shew himselfe openly for the Earle ; for feare the King should put his Sonne the Lord Strange to death , whom he had left an Hostage with him . All this time King Richard lay at Nottigham , and was as it were fatally taken with a spirit of security , hearing that the Earle had but small assistance either from France or in England ; and therefore slighting him as little able to doe any great matter : but when he heard that part of his own forces was revolted to him , then he began to looke about him , and sends present direction to the Duke of Norfolke , the Earles of Northumberland and Surry , with Sir Thomas Brackenbury Lievetenant of the Tower , with all speed to bring their forces to him at Lutterworth , from whence upon their arrivall , hearing that the Earle was encamped at Lichfield : he marcheth thitherward : At which time , Sir Walter Hungerford and some others , withdrew themselves from King Richards part : and Sir Iohn Savage , Sir Bryan Sta●ford , and Sir Simon Digby , with their severall Forces , joyned with the Earle . King Richard tooke the advantage of a large Plaine neere Bosworth , adjoyning to a Hill called Anne Beame ; where he encamped : And observing by his Adversaries manner of approach , that they meant to give him battell ; He the next morning put his Forces in order : The Vauntguard was led by the Duke of Norfolk , which consisted of one thousand two hundred Bow-men , flanked with two hundred Cuyrassiers , under the conduct of the Earle of Surrey : The Battaile King Richard led himselfe , which consisted of a thousand Bill-men , empaled with two thousand Pikes : The Reereward was led by Sir Thomas Bracke●bury , consisting of two thousand mingled weapons , with two wings of Horsemen , containing fifteen hundred , all of them cast into square maniples ; expecting the Lord Sta●ley's comming with two thousand , most of them Horsemen : But the Lord Stanley caried himselfe so warily , that he might neither give cause of suspition to the King , nor yet cause of disadvan●tage to the Earle : that when , early in the morning , the Earle sent unto him , desiring his prese●t repaire ; he answered , that he must looke for no ayde from him , till the Battailes should be joyned ; and therefore advised him , with all possible speed to give the Onset . This Answer somewhat staggered the Earle , because his number did but little exceed one halfe of the Kings : Yet to make the best shew he could● by the advice of his Counsell of War , he made his Vaward open and thin ; of which Iohn Earle of Oxford had the leading : The Earle himselfe led the Battaile : Sir Gilbert Talbot commanding the Right wing , and Sir Iohn Savage the left : whose souldiers being all alike clad in white Coates and hoods of Frize ; by the reflection of the Sun upon them , made them appeare in the view of their Enemies , double the number . The Reereward was governed by the Earle of Pembrooke , which consisted most of ●orse , and some Pikes and Black bills . King Richard to incourage his souldiers , made a solemne speech unto them : but alas ! what hope co●ld he have to put them in heart , whose hearts he had lost ? or to rise alacrity in others , who had none in himselfe ? For now the remembrance of his fore-passed villanies , and specially a fearfull dreame he had the night before , ( wherein it seemed to him he saw divers Images like Devils , which pulled and haled him , not suffering him to take any rest or quiet ) so damped his spirits , that although he set a good face upon the matter , yet he co●ld not choose but have a presaging feare that the date o● hi● dayes was not farre from expiring . The Earle of Richmond on the other side , having a cleere conscience in himself , and speaking to men that followed him for love● had the easier means ●o give them encouragement : which he did with so cheerfull a countenance ; as though already he had gotten the victory . After their military exhor●ations ended , King Richard commanded to give the onset . Between both Armies , there was agreat Marsh ; which the Earle left on his right-hand , that it might be a defence for his souldiers on that side ; and besides by so doing , he had the Sunne at his back , and in the faces of the enemy . When king Richard saw that the Earles company wa● pa●●ed this Marish , he commanded with all speed to set upon them . Then were the Arrows let fly on both sides , and those spent , they came to hand-strokes ; at which encounter comes in the the Lord Stanley , and joyns with the Earle . The Earle of Oxford in the mean time , fearing lest his company should be compassed in with the multitude of his enemies , gave charge in every ranke , that no man should goe above ten foot from the Standard : whereupon they knit themselves together , and ceased a while from fighting : which the Enemy seeing , and mistrusting some fraud , they also paused and left striking . But then the E●rle of Oxford , having brought all his Band together , set on the Enemy afresh ; which the Enemy perceiving , they placed their men slender and thinne before , but thick and broad behinde ; and resolutely againe began ●he Fight . While these two Va●ntgu●rds were thus contending , King Richard was informed , that the Earle of Richmond with a small ●●●ber was not farre off : whereupon he presently makes towards him ; and being of an invincible courage , whereof he was now to give the last proofe , he made so furious an assault , that first with his own hands he slew Sir William Brandon , who bore the Earles Standard ; next , he unhorst and overthrew Sir Iohn Cheyny , a strong and stout man at Armes ; and then assaulted the Earle of Richmond himself , who ( ●hough no man would have thought it , yet ) for all the Kings fury , held him off at his Launces point , till Sir William Stanley came in with three thousand freshmen ; and then opprest with multitude , King Richard is there slaine . It is said , that when the Battell was at the point to be lost , a swift horse was b●ought unto him , with which he might have saved himselfe by flight : but out of his undaunted courage he refused it , saying He would that day make an end of all Battells , or else lose his life . In this Battell , He●ry Earle of Northumberland , who led King Richards Reereward , never struck stroke ; as likewise many other , who followed King Richard more for Feare than Love : and so King Richard who had deceived many in his time , was at this time deceived by many : which was not unforeseen by some , who caused a Rhyme to be set upon the Duke of Norfolks gate the night before the Battell ; which was this : Iack of Norfolke be not too bold , For Dickon thy Master is bought and sold. Yet notwithstanding this warning , the noble Duke continued firme to king Richard ; and more considering what he was towards him , then what towards others ; followed him to the last , and in his quarrell lost his life . This Iohn Howard was the sonne of Sir Robert Howard knight , and Margaret eldest daughter of Thomas ●●●bray Duke of Norfolke , in who●e right he was created Duke of Norfolke by king Richard the Third , in ●he yeere 1483. having been made a Baron before by king Edward the Fourth . The whole number slain in thi● battell on kin● R●ch●rds par● was not above a thousand persons ; whereof of the Nobility , besides the Duke of Norfolke , only Walter Lord Ferrers of Chartley , Sir Richard Rat●liffe , and Sir Robert ●rakenbury Lievtenant of the Tower , and not many Gentlemen more . Sir William Catesby , one of the chiefe Counsellours of king Richard , with divers others , were two dayes after beheaded at Leicester . Amongst those that ran away , were Franci● Viscount Lovell , Hu●fry Stafford , and Thomas Stafford his brother , who took Sanctuary in Saint Iohns at Glocester . Of Captives and Prisoners there were great number . Henry Earle of Northumberland , who though on king Richards side , intermi●ted not in the battell ; was incontinently taken into favour , and made of the Counsell ; But Thomas Howard Earle of S●rry , though he submitted himselfe , yet as having been specially familiar with king Richard , was committed to the Tower ; where he remained a long time : but at last was delivered and highly promoted . On the Earle of Richmonds part were slaine scarce a hundred persons ; ( some say , but ten ) of whom the principall was Sir William Brandon , the Earles Standard-bearer . This battell was fought at Rodmer , neer Bosworth in Leicestershire , the two and twentieth day of August , in the yeer 1485. having continued little above two houres . Presently after the battell , the Earle knighted in the field , Sir Gilbert Talbot , Sir Iohn Mortimer , Sir William Willoughby , Sir Rice ap Thomas , Sir Robert Poynts , Sir Humfry Stanley , Sir Iohn Turbervile , Sir Hugh Pershall , Sir R. Edgecombe , Sir Iohn Bykenill , and Sir Edmund Carew : and then kneeling down , he rendred to Almighty God his hearty Thankes for the victory he had obtained ; and commanded all the hurt and maimed persons to be cured : whereat the people rejoycing , clapped their hands and cryed , king Henry , king Henry : which good will and gladnesse of the people when the Lord Sta●ley saw , he tooke the Crown of king Richard , which was found amongst the spoiles in the field , and set it on the Earles head , as though he had been elected King by the voice of the people . It may not be forgotten , that when king Richard was come to Bosworth , he sent to the Lord Stanley to come presently to his presence ; which if he refused to doe , he swore by Christs Passion , that he would strike off his sonnes head before he dined : whereto the Lord Stanley answered , That if he did so , he had more sonnes alive , and he might doe his pleasure ; but to come to him , he was not then determined . Which answer when king Richard heard , he commanded the Lord Strange immediately to be beheaded ; but being at the very time when both Armies were in sight of each other ; his Lords perswaded him , it was now time to fight , and not to put to Execution : and so the Lord Strang● escaped . Of his Taxations . WEE must not looke for Taxations in kinde , in this kings reigne ; for he drew from his Subjects not money so much as blood ; and the money he drew was most by blood , which drew on confiscation : whereof , let never any Prince make a president : for where Taxations properly doe but Tondere , the●e did Deglu●ere . Yet in his second yeere , he called a Parliament , wherein besides the great confiscations of those that were then attainted , he imposed upon the people a great Tax , which what it was , is not Recorded . Of his Lawes and Ordinances . HAving gotten the Crowne by Pestilent courses , he sought to Establish i● by wholsome Laws : for in no Kings reigne were better Laws made , then in the reign of this man. Amongst other of his Laws , It was enacted , that from thence forth , the Commonalty of the Realme should in no wise be charged by any imposition called a Benevolence , nor any such like charge ; and that such exactions called a Benevolence , before this time taken , shall be taken for no example to make any such like charge hereafter ; but shall be damned and annulled for ever . Many other good Laws were by him made ; that we may say , he took the wayes of being a good King , if he had come to be King by wayes that had been good . Affaires of the Church in his time . IN his time , the troubles of the Temporalty kept the Clergie at quiet ; and though there were complayning in the streets , there was none in the Church . Only ●hores wife might complaine , why shee should doe Penance for offending lightly against onely the seventh Commandement ; and king Richard doe none for offending heavily against all the ten ; but that perhaps he had gotten some good fellow to be his Confessour . Workes of Piety done by him . AS bad as this King was , yet some good workes he did : he founded a Colledge at Middleham beyond Yorke ; and a Collegiate Chauntry in London , neere unto the Tower , called our Lady of Barking : He endowed the Queens Colledge in Cam●●●●ge , with five hundred Marks of yeerly revenue ; and disforested the great field of Whitchwood , which king Edward his brother had inclosed for Deere . Of Casualties happening in his time . IN his second year , at the time when the Duke of Buckingham meant to passe with his Army over Severn ; so great an inundation was of wa●er , that men were drowned in their beds , houses were overturned , children were carried about the fields swimming in Cradles , beasts were drowned on hills : which rage of water conti●●ed ten dayes ; and is to this day in the Countries thereabout , called the great water , or the Duke of Buckingham● water . Of his wife and issue . HEE marryed Anne the second Daughter of Richard Nevill the great Earle of Warwicke , being the widdow of Edward Prince of Wales , the Sonne of king He●●y the sixth : she lived his Wife to the last yeer of his reigne ; and then to make way for another , was brought to her end , and layd a● rest in the Abbey of Westminster : by her he had onely one Sonne , born at Middleham neer Richmond in the County of Yorke ; at foure yeers old , created Earle of Salisbury by his Uncle king Edward the fourth ; at ten yeers old , created Prince of Wales by his Father king Richard , but dyed soon after . Of his Personage and Conditions . THere never was in any man a greater uniformity of Body and Minde then was in him ; both of them equally deformed . Of Body he was but low , crooke-backt , hook-shouldred , splay-footed , and goggle-eyed , his face little and round , his complexion swarsie , his left arm from his birth dry and withered : born a monster in nature , with all his teeth , with haire on his head , and nailes on his fingers and toes . And just such were the qua●●ties of his minde : One quality he had in ordinary , which was , to look faw●●ngly when he plotted , sternly when he executed . Those vices which in other men are Passions , in him were Habits : and his cruelty was not upon occasion , but naturall . If at any time he shewed any virtue , it was but pretence ; the truth of his minde was onely lying and falsehood . He was full of courage and yet not valiant ; valour consisting not only in doing , but as well in suffering , which he could not abide . He was politick and yet not wise , Policie looking but to the middle , wisdome to the end : which he did , and did not . And it was not so much ambition that made him desire the Crown , as cruelty , that it might be in his power to kill at his pleasure : and to say the truth , he was scarce of the number of men who consist of flesh and blood , being nothing but blood . One Miracle wee may say hee did ; which was , that he made the truth of History to exceed the fiction of Poetry , being a greater Harpy than those that were feigned . He would faine have been accounted a good King , but for his life he could not be a good Man ; and it is an impossible thing to be one without the other . He left no is●ue behinde him : and it had been pitty he should , at least in his own Image ; One such Monster was enough for many Ages . Of his Death and Buriall . BEing slaine in the Battell at Bosworth , as before is related ; his body was left naked and des●oyled to the very skin , not so much as a c●out left about him to cover his privy parts : and taken up , was trussed behinde a Pursuivant at Armes , one Bla●ch Senglyer or White-boare ; his head and armes hanging on one side of the horse , and his leggs on the other ; and all besprinkled with mire and dirt , he was brought to the Gray-Friers Church within the Towne of Leicester , and there for some time lay a miserable spectacle ; and afterward , with small Funerall-pompe , was there interred . But after this , King He●ry the Seventh caused a Tombe to be made , and set up over the place where he was buried , with a picture of Alablaster representing his person ; which at the suppression of that Monastery was utterly defaced : Since when , his Grave overgrowne with nettles and weeds , is not to be found ; onely the Stone-chest wherein his Corps lay , is now made a drinking-trough for horses , at a common Inne in Leicester , and reteineth the onely memory of this Monarchs greatnes . But his body ( as is reported ) was caried out of the City , and contemptuously bestowed under the end of Bow-bridge , which giveth passage over a branch of Stowre , upon the West side of the Towne . Upon this bridge ( the like report runneth ) stood a stone of some heigth ; against which king Richard , as hee passed ●owards Bosworth , by chance strook his spurre : and against the same stone , as he was brought back , hanging by the horse side , his head was dashed and broken ; as a Wise-woman ( forsooth ) had fore-told ; who before his going to battell , being asked of his successe , said , that where his spurre strooke , his head should be broken . But these are but Repo●●● He had lived seven and thirty yeeres , Reigned two , and two moneths . Of men of Note in his time . OF men of Note for wickednesse and villany , enough have been mentioned i● the body of the Story : and for men of Valour and Learning , they will fitte● be placed in a better Kings Reigne . THE REIGNE OF KING HENRY THE SEVENTH . HENRY Earle of Richmond , borne in Pembrooke-Castle , sonne to Edmund Earle of Richmond , by his wife Margaret , sole daughter of Iohn Duke of Somerset , which Iohn was sonne of Iohn Earle of Somerset , sonne of Iohn of Gaunt Duke of Lancaster , by his third wife Katherine Swinford ; and by this descent , Heire of the House of Lancaster : having wonne the Battell at Bosworth , against King Richard ; is by publick acclamations saluted King of England , on the 22 day of August , in the yeere 1485. and this was his first Title . And now to take away a Root of danger ; before his departure from Leicester , he sent Sir Robert Willoug●by to the Castle of Sheriffehaton in the County of Yorke , for Edward Plantage●et Earle of Warwick , sonne and heire to George Duke of Clarence , being then of the age of fifteen yeeres , whom King Richard had there kept a prisoner all his time ; who was thence conveyed to London , and shut up in the Tower to be kept in safe custodie . In the same Castle also , King Richard had left residing the Lady Elizabeth eldest daughter to King Edward the Fourth : and her now King Henry appoints honorably attended to be brought up to London , and to be delivered to the Queene her mother . This done , he tooke his journey towards London ; where at his approaching neere the City , Thomas Hill the Major , Thomas Brittaine and Richard Chester Sheriffs , with other principall Citizens , met him at Shore-ditch , and in great state brought him to the Cathedrall Church of St. Paul , where he offered three Standards : in the one was the Image of St. George ; in another was a red fiery Dragon , beaten upon white and greene Sarcenet ; in the third was painted a dun Cow , upon yellow Tarterne . After Prayers said , he departed to the Bishops Palace , and there sojourned a season : And in the time of his stay here , he advised with his Councell , and appointed a day for solemnizing his mariage with the Lady Elizabeth : before which time notwithstanding , he went by water to Westminster , and was there with great solemnity Anointed and Crowned King of England , by the whole consent as well of the Commons as of the Nobility , by the name of Henry the Seventh , on the thirtieth day of October , in the yeere 1485 : and this was his second Title . And even this was revealed to Cadwalloder last King of the Britaines , seven ●u●dred ninety and seven yeeres past ; That his off-spring should Raigne and b●a●e Dominion in this Realme againe . On the seventeenth day of November following , he called his High Court of Parliament ; where , at the first sitting , two scruples appea●ed : One concerning t●e Burgesses ; for that many had been returned Burgesses and knights of Shires , who by a Parliament in king Richards time , stood Attainted still : and it was thought incong●uous , for men to make Law●● , who were themselves out-lawed : For remedy whereof , an Act was presently passed for their restoring ; and then they were admitted to sit in the House . The other concerning the King himselfe , who had been Attainted by king Richard : but for this , It was resolv●d by all the Judges in the Ch●quer Chamber , that the possession of the Crowne takes away all defects ; yet for Honours sake , all Records of hi● Attainder were taken off the File . And so these scruples thus removed , the Parliament b●ga● ; wherein were Attainted , first Richard late Duke of Glocester , calling himselfe Richard the Third : Then , his Assistants at the Battell of Bosworth : Iohn late Duke of Norfolk , Thomas Earle of Surrey , Francis Viscount Lovell , Walter Devereux late Lord Ferrers , Iohn Lord Zouch , Rober● Harington , Richard Cha●leto●● Richar● Rat●liffe● William Ber●ley of Weley , Robert Middleton , Iames Haringto●●●obert Br●c●enb●●y , T●omas Pilkington , Wal●er Ho●ton , William Catesby , Roger W●ke , William Sapco●e , Humfry Stafford , William Clerke of Wenlock , Geoffry St. Germaine , Richard Watkins , Herauld at Armes , Richard Revell , Thomas Pul●er , Iohn Welsh , Iohn Ken●all l●te Secretary to the late king Richard , Iohn Buck , Andrew Rat , and William Brampton of Burford . But notwithstanding this Attainder , divers of the persons aforesaid , were afterwards not only by King Hen●y pardoned , but restored also to their lands and livings . As likewise he caused Proclamation to be made , that whosoever would submit themselves , and take Oath to be true subjects , should have their Pardon : whereupon many came out of Sanctuaries and other places ; who submitting themselves , were received to mercy . And now King Henry con●idering that ●aena & Praemio Respublica contine●uy ; after Punishing for Offence● , he proceeds to Rewarding for Service : and first , Iasper Earle of Pembrooke his Unkle , he created Duke of Bedford : Thomas Lord Stanley he created Earle of Darb● : the Lord Chendow of Britaine , his speciall friend , he made Earle of Bathe : Sir Giles Dauben●y was made Lord Dawbeney : Sir Robert Willoughby was made Lord Brooke : and Edward Stafford eldest sonne to Henry late Duke of Buckingham , he restored to his Dignity and Possessions . Besides , in this Parliament , an Act was made , for se●●ing the Crowne upon the person of king Henry and the heires of his Body successively for ever . And then with all speed he sent and redeemed the Marquesse Dorset , and Sir Iohn Bourchier , whom he had left Hostages in France for money : and called home Morton Bishop of Ely , and Richard Fox ; making Morton Archbishop of Canterbury , and Fox Lord Keeper of the Privy S●ole , and Bishop of Winchester . Besides these , he made also of his Privy Counsell , Iasper Duke of Bedford , Iohn Earle of Oxford , Thomas Stanley Earle of Darby , Iohn Bishop of Ely , Sir William Stanley Lord Chamberlaine of his Houshold ; Sir Robert Willoughby Lord Brooke , Lord Steward of his Houshold ; Giles Lord Dawbeny ; Iohn Lord Dyn●●m , after made Lord Treasurer of England ; Sir Reginold Bray , Sir Iohn Cheyny , Sir Richard Guildford , Sir Richard Tunstall , Sir Richard Edgecombe , Sir Thomas Lovell , Sir Edmund P●ynings , Sir Iohn Risley , with some other . These things thus done : as well in performance of his Oath , as to make his Crown sit the surer on his head ; on the eighteenth day of Ianuary , he proceeded to the solemnizing his marriage with the Lady Elizabeth ; which gave him a third title : And indeed this conjunction made a wreath of three so indissoluble , that no age since hath ever questioned it : and it is fixt upon a Tree planted so happily by the waters side , and hath at this day so many flourishing branches , that there is good hope it will continue as long as the world continues . And now whether King Henry doubted any suddaine attempt upon his person , or whether he did it to follow the example of France : in the very beginning of his reigne , he ordained a band of tall personable men to be attending upon him , which was called the Kings guard ; which no King before , and all Kings since , have alwaies used : But though he provided a guard for defence of his own body ; yet for the bod●●● of his people he could provide none ; for at this time a sicknesse ( of the symp●●●e called the sweating sicknesse ) seized so violently upon them , that within a ●●ort time many thousands perished ; particularly in London , two Majors successive●y and six Aldermen within eight dayes dyed : and for this : sicknesse no Physick aff●●ded any cure ; till at last , this remedy was found : if a man were taken with the sweat in the day time , that then he should presently lye downe in his cloathes , and so lye still the whole foure and twenty houres : if he were taken in the night , then ●e should not rise out of his bed for the space of foure and twenty houres ; not provoking sweat , nor yet eating or drinking at all , at least but very moderately . In 〈◊〉 sicknes there was one good circumstance ; that though it were violent , yet it lasted not long : for beginning about the one and twentieth of September , it cleered ●p before the end of October following . And now all things being set in good order in the South parts there ariseth a little s●o●me in the North , but was soon dispersed . For King Henry making a journey in●o the North parts , to shew himselfe there where he had not yet been ; and where 〈◊〉 respect to King Richard might have left some opposites : at his comming to Li●colne was certified that the Lord Lovell and Humfry Stafford were gone out of S●nctuary in Colchester ; but whither , no man knew . The King therefore not much regarding it , went forward to York ; and being come thither , it was then plainly told him , that the Lord Lovell with a strong power was at hand , and would presently invade the City . This made the King in a great streight ; for neither had he any Army r●●dy ; no● if he had men , had he any weapons or Munition ●or them . Yet in this streight , he commanded the Duke of Bedford with three thousand men to ●et out ag●●nst him , but so ill armed , that their armours for the most part were but of tanned l●●ther ; who being come neere the Campe of the Rebels , caused Proclamation to be made , that whosoever would submit themselves as loyall Subjects , should have their Pardons , and be received into grace : which Proclamation so prevailed , that i● made the Lord Lovell secretly in the night to flye away ; and then the Army left without a head , submitted themselves to the Kings mercy . The Lord Lovell fled into Lancashire ; and there for a time lurked with Sir Thomas Broughton , a man powerfull in those parts . Humfry Stafford took Sanctuary in a village called Culnh●m two miles from Abington : but the Sanctuary being judged by the Justices of the Kings Bench , to be no lawfull defence for Traytors ; he was taken from thence by force , and convayed to the Tower , afterward to Tyburne , and there hanged . His brother Thomas was pardo●ed , because it was thought , he was drawn in by his brother Humfry . In this yeere , Iohn Persivall the Major of London's Carver , waiting at his Table , was chosen one of the Sheriffs of London , only by Sir Iohn Collet's , then Major , drinking to him in a cup of Wine , ( as the custome is , to drinke to him whom he li●t to name Sheriffe ) and forthwith the said Persivall sate downe at the Majors Table , ●nd covered his head , and was afterward Major himselfe . At this time a mean instrument attemped a great worke ; by which we may see , how farre imagination may out-goe reason : One Richard Symond a Priest , a man of base birth though some learning ; had a scholler of baser birth , the Sonne of a Shoemaker , ( some say a Baker ) named Lambert Symnell ; but of a pregnant wit , and comely personage : Him he gives out to be Edward Earle of Warwicke , lately ( as was sayd ) escaped out of prison ; Both of them being of like yeers and stature : with this Scholler of his , he sailes into Ireland ; and so sets forth the matter : that not only the Lord Thomas Fitz-Gerard Earle of Kildare , and Deputy of Ireland ; but many other of the Nobilty gave credit to his words ; and as those that affected the house of Yorke , were ready to take his part ; and even already saluted the young Symnell King. Withall they sent into Flanders to the Lady Margaret , sister to the late King Edward , and widdow of ●harles Duke of Burgoigne , requiring ayde and assistance from her . This Lady being of the house of Yorke , bore an inward grudge ag●inst King Henry , being of the house of Lancaster ; and ●herefore though she well understood it was but a coloured matter , yet was willing to take advantage of it : and thereupon promised her assistance . King Henry being advertised of these things , advised with his Counsell ; by whom it was agreed , that two things presently should be do●e . First , to grant ● Pardon to any that would submit themselves , for any offence whatsoever , though it were for High Treason ; the next , that the Earle of Warwicke should be openly shewed abroad in the City , and other publike places ; whereby , the report spread abroad of his being in Irel●nd , might appeare plainly to be false . Withall , the Queen Elizabeth , widdow of King Edward the fourth , and Mother to the present Queen , was adjudged to forfeit all her Lands and Possessions , and to live confined in the Abbey of Bermondsey in Southwarke ; where in grea● pensivenes , within a few yeers she died . But for what cause this severity was used against this Queen , is not altogether certaine : To say , ( as was commonly said ) that it was for rendring her selfe and her daughters into the hands of king Rich●rd , were manifest injustice , to punish her for doing a thing out of feare , which else she should have been compelled to doe by force : and to say ( as some also have said ) that it was for giving aide underhand to Perki● , were a manifest unlikelihood , tha● she should aide a Counterfeit against her own Sonne in Law : we must therefore content our selves with knowing the bare colourable pretext , and leave the true reason as a secret of State. But this shewing abroad of the true Earle of Warwicke , though it satisfied some , yet not all : for some gave out that it was but a trick of the King , and not the true Warwicke . At least the Earle of Lincolne , sonne to Iohn de l● Poole Duke of Suffolke , and Elizabeth sister to king Edward the fourth , would not omit to take the advantage , though he knew that Symnell was but a Counterfeit . And thereupon , assoone as ●he Parliament was dissolved , he fled secretly into Fl●nders , to his Aunt the Lady Margaret D●tchesse of Burgoigne ; between whom it was concluded , that he and the Lord L●vell should goe into Ireland , and there attend upon the Counterfeit Warwicke , and honour him as king● and with the power of the Irishmen bring him into England : but it was concluded withall , that if their actions succeeded● then the Counterfei● Warwicke should be deposed , and the true be delivered out of prison , and anoynted King. And to this purpose , the Earle of Lincol● , by the aide of the Lady Margaret , had gotten together two thousand Almaines , with one Martin Swart a valiant and expert Captaine to be their leader . With this power , the Earle sayled into Ireland , and at the City of Dublin , caused young Lambert the Counterfeit Warwicke , in most solemne manner , first to be Proclaimed , and after to be Crowned king of E●gland : and then with a great number of beggerly and unarmed Irishmen , under the Conduct of the Lord Thomas Gerardine Earle of Kild●re , they sayled into England , and landed at a place called the Pile of Fowdray , not farre from Lancaster ; hoping there by the meanes of Sir Thomas Broughton , a powerfull man in that Country , to have their Army both furnished and increased . King Henry hearing that the Earle of Lincolne was landed at Lancaster , assembled a great Army , Conducted by the Duke of Bedford , and the Earle of Oxford ; and with these he marched to Nottingham , and there by a little wood called Bowres , he pitched his field ; whither there came unto him , the Lord George Talbot Earle of Shrewsbury , ●he Lord Strange , Sir Iohn Cheyney , and divers other Knights and Gentlemen . In which mean time , the Earle of Lincolne being entred into Yorkeshire , passed quietly on his journy , without doing spoile or hurt unto any ; trusting thereby to have won the people to come to his aide : but when he perceived few or none to resort unto him , he then determined to venture a battell with the Army he had already ; and thereupon tooke his way from Yorke to Newarke upon Trent . King Henry understanding which way he took , came the night before the battell to Newarke ; and going three miles further , neer to a little Village called Stoke , there waited the approach of the Earle of Lincolne ; So the next day they joyned battell ; where after a long fight , of at the least three houres ; though the Almaines , and specially their Captaine Martin Swart behaved themselves most valiantly ; yet their Ir●sh , being in a manner but naked men , were at last overthrown , foure thousand slaine , and the rest put ●o fl●ght ; but not one of their Cap●aines ; for the Earle of Lincolne , the Lord L●vell , Sir Thomas Broughton , Martin Swart , and the Lord Gerardine were all found dead in the very place where they had stood fighting ; that though they lost the battell , yet they wonne the reputation of hardy and stout souldiers . Onely of the Lord Lovell , some report , that attempting to save himselfe by flight ; in passing over the river of Trent , was drowned . On the kings part , though some were slaine , yet not any m●n of note . This battell was fought on a Saturday ( observed as alwayes fortunate to king Henry ) being the sixteenth of Iune , in the second year of king Henries reigne . The young Lambert , and his Master Simond the Priest , were both taken ; and both had their lives saved : Lambert , because but a Childe ; S●mond , bec●use a Priest : yet Symo●d was kept in prison , Lambert was taken into the kings kitchin , to turn the spit in the turne of his fortune , and at last made one of the kings Fau●kners . In the beginning of his third yeer , king Henry having been in Yorkeshire , to settle the m●ndes of that people : about the midst of August , came to Newcastle upon Tine , and from thence sent Ambassadours into Scotland , Richard Fox lately before made Bishop of Exceter , and Sir Richard Edgecombe Comptroller of his House , to conclude a Peace or Truce with Iames king of Scots : A Peace , by reason of the peoples backwardnes , could not be obtained : but a Truce was concluded for the term of seven yeers ; with a promise from the king , that it should be renued before the first seven yeers should be expired . At this time , Ambassadours came from the king of France● to king Henry ; who declared , that their Master king Charles was now at warre with Francis Duke of Britai●e , for that he succoured the Duke of Orleance and other Rebels against the Realme of France ; and therefore requested , that for the old familiarity that had been between them , he would either a●●ist him , or not assist the Duke , but stand Ne●ter . King He●ry answered , that having received courte●ies from them both , he would doe his uttermost endeavour to make them friends : and to that end , as soon as the French Ambassadours were departed , he sent Christopher Vrswick his Chaplain over into France ; who should first goe to the French king , and after to the Duke of Britaine , to mediate a Peace between them . In the time of Vrswicks Ambassage , king Henry caused his Wife the Lady Elizabeth to be Crowned Queen , on Sai●t Katherines day in November , with all solemnity ; and at the same time delivered the Lord Thomas Marquesse Dorset out of the Tower , and received him againe into his former favour . Vrswick travelled between the two Princes , to procure a Peace ; but they , though making a shew to incline to Peace , yet prepared for warre , and offers on neither side would be accepted . In which time , Edward Lord Wood●ile Uncle to the Queen , made suite to the king , for leave to goe over with a power of men , in aide of the Duke of Britaine ; which su●e , though the king denied , yet the Lord Woodvile would venture it ; and with a power of ●oure hundred able men , got secretly over , and joyned with the Britaine 's against the French. This the French king took ill at king Henries hand ; but being informed that it was against the kings will , he seemed sati●fied : and a Peace was concluded between Fr●●●e and England , to endure for twelve months . But in conclusion , king Henry finding that the French king dealt not r●ally with him , but only held him on with pretences● he called his high Court of Parliamen● , requiring their advice what was fit to be done : where it was con●●uded , that the Duke of Britaine should be aided ; and to that end great ●ummes of money were by Parliament granted . This Determination of the Parliament , king Henry signifies to the French king , hoping , it would have wrought him to some terms of Peace● But the king of France little regarding it , proceeded on in his violent cour●es against the Britaines ; so as at last , on ●he eight and twentieth day of Iuly , the Britaines gave battell to the French , neer to a Town called 〈◊〉 ; having apparelled seventeen hundred of the Britai●● , in Co●● with ●ed ●rosse● after the English fashion , to make the Frenchmen believe ●hey were all English , although in ●eed they had no more English than the foure hundred of the Lord Woodvile . But no●withstanding this device , the Victory fell to the French ; so that all the Englishmen almost were slaine , with the Lord Woodvile himselfe ; besides six thousand Britaines● The Duke of Orleance and the Prince of Orange , who were there on the Britain●s part , were taken Prisoners . The French lost twelve hundred men ; and amongst other● that valiant Italian Captaine Iames G●le●t . This news being brought into England , caused king H●●●y to make haste to send forth his Army : and thereupon , the Lord Brooke , with Sir Iohn Cheyny , Sir Iohn Middleton , Sir Ralph Hilton , Sir Richard Corbet , Sir Thomas Leighton , Sir Richard Lacon , & Sir Edmund Cor●●all , are sent over with all speed into Britaine ; having with them eight thousand men , to aide the Duke of Britaine against the French. But while this warre was thus set forward , the Duke of Britaine died ; leaving in effect , one only Daughter , the Lady A●●e ( for the other being the younger , died soon after ) and then the chiefe Rulers of Britaine falling at dissention amongst themselves , little regarded the defence of the Country : whereupon the English returned home , within five moneths after their setting forth : and the French king getting the upper hand of the Britaines , and marying the Lady Anne sole daughter of the Duke of Britaine , incorporated that Dutchy to the Crown of France . In the last Parliament , a Subsidie was granted , for the furnishing out an Army into Britaine ; and it was agreed , that every man should be taxed after the rate of his substance , to pay the tenth penny of his goods : which Taxe the most part of Yorkeshire and the Bishoprick of Durh●● refused to pay : whereof the Collectours complained to He●ry E. of Northumberland , President of the North parts . The E. signifies it to the King ; and the K. commands him to levy the same , by distresse or otherwise ( without sparing of any ) as he should think most meet . The rude multitude , hearing of this Command from the King , with great violence set upon the Earle , by the exciting of a simple fellow named Iohn a Chamber ; and alledging all the fault to be in the Earle , as chiefe authour of the Taxe ; they cruelly murthered both him and divers of his houshold servants . And to make good their seditious fact , they assembled a great number , and made one Sir Iohn Egremond their Captaine : Declaring , that in defence of their liberties , they would bid the King battell . In this bravery they stood , as long as none opposed them : but when Thomas Earle of Surry appeared with an Army , though they skirmished a while , yet they were soon discomfited , and their Ring-leader Iohn a Chamber was taken , and at Yorke on a Gibbet set upon a square paire of Gallows , like an arch Traytour was hanged , and many of his Complices on a lower Gallows ; the innocent people for the most part Pardoned . But Sir Iohn Egremond fled into Flanders , to the Lady Margaret Dutchesse of Burgundie ; the common and sure refuge for all Rebels against King Henry . After this , the king appointed Sir Richard Tu●st●ll to gather the Subsidie , and would not spare the paiment of a penny . This year , notwithstanding this Taxe , the king borrowed of every Alderman of London two hundred pounds , and of the Chamber nine thousand eighty two pounds seventeen shillings and foure pence , which was paid again at the time with great thankfulnesse ; which he did at a time he needed no● , to the end perhaps he might doe it another time , when he needed . At this time , Iames the third , king of Scotland , having by some errors of Government incurred the hatred of his Nobility and people ; laboured with king Henry , as also with the Pope , and the king of France , to make an Accord between him and his people , who had compelled Prince Iames his Sonne , to be the Titular head of those Armes which they assumed against him . The kings accordingly interposed their mediations by Ambassadours ; but could receive no other but this outragious answer , That there was no talking of Peace , unlesse he would resigne his Crowne . Which answer the kings protested against , declaring by their Ambassadors , that they thought it a common injury done to themselves , and that the Example was not sufferable , for Subjects to lift their hands against their Soveraigne . Hereupon it came to a Battell , at B●nnocks-borne by Strivelin : where king Iames , rashly beginning the fight , before his whole Forces were come , was ( notwithstanding the contrary commandement of the Prince his sonne ) slaine in the Mill of that field , whither he fled , after the Battell ended . About this time , a Difference fell out which grew to a Warre , between the Emperour Frederick , and some Townes of his in Flanders , especially Gaunt and Bruges : In this warre , the Lord Ravenstein a principall person about Maximilian , not onely forsooke the Emperour and his sonne Maximilian his Lord , ( corrupted as was thought from France ) but made himselfe head of the popular party , seizing upon the Towns of Ipre and Sluce : and not this onely , but forthwith sent to the Lord de Cordes Governour for the French king in Picardie , to ayde him against some Towns in Flanders : To which the Lord de Cordes , willing of any occasion to set foot in Flanders , was easily drawne . But king Henry not liking to have the French so neere his English pale , sent over the Lord Morley with a thousand men , who should joyne with the L. Dawbeney then Deputy of Callice , to resist them . Amongst other acts by them performed , this was chiefe ; That the Lord Dawbeney , with the Lord Morley , Sir Iames Tyrrell Captaine of Guisn●s , Sir Henry Willoughby , Sir Gilbert Talbot , and Sir Humfry Talbot Marshall of Callice , and others to the number of two thousand , issued secretly one night out of Callice , and came to Newport , and from thence to Dix●●e ; where the Lord Dawbeney commanded all men to send back their hors●s : wh●ch the Lord Morley onely refusing to doe , was cause that he onely of all the Captaines was sl●ine with a Gun : for the rest , after their arrowes discharged , fell prostrate to the ground ; by which meanes the Enemies Ordnance overshot them , k●lling onely the Lord Morley that was on horse-back . Here they slew of the Enemy , to the number of eight thousand ; of the English part was slaine the Lord Morley , and not above a hundred more . This Victory so enriched the English , that they who went forth in cloath , came home in silke ; and they who went out on foot , returned back on horse-back . Upon this Defeat , the Lord de Cordes lying at Ypre with twenty thousand men , and thinking to be revenged , besieged the Town of Newport ; and so strongly assaulted it , that one day his men entred , and set up his Banner upon a Tower of the Towne : when suddenly a Barke arriving with onely fourescore ●resh English archers , so terrified them , thinking their number to be farre greater , that the French were glad to leave their Banner behinde them , and give over the assault ; and the night following , the Lord de Cordes ( who so much longed for Callice , that he would commonly say , he could be content to lie seven yeeres in Hell , so that Callice were in the poss●ssion of the French ) brake up his siege , and returned to Helding with as much shame , as the English to Callice with honour . A little before this t●me , Francis Duke of Britaine dying , left onely one daughter , the Lady Anne , affianced to Maximilian King of the Romans ; and in so solemne a manner , that she taking upon her to be the Bride , and being laid in her bed , was contented to permit Maximilians Deputy , in presence of many Noble witnesses , as well men as women , to put his legge , stript naked to the knee , between the spousall sheets ; accounting that Ceremony to amount to a Consummation . The King of France likewise had been contracted to the Lady Margaret daughter to the foresaid Maximilian , and had received her to that end : Yet all this notwithstanding , out of a violent desire to joyne the Dutchy of Britaine to the Crowne of Fr●●ce , he disanulled and made void both the Contracts . But to the end he might doe it without opposition of the King of England , he sent Ambassadors , the Lord Francis of L●●zemburg , Charles Marignane , and Robert Gaguine , to King Henry ; partly to conclude a Peace , but chiefly to procure king He●ries good will to make voyd the foresaid contracts : to which though king Henry was not willing to give consent , yet he consented willingly to have a Treaty for Peace : and to that end , sent over Tho●as Earle of Ormond , and Thomas Goldenston Prior of Christs Church in Canterbury , to the French King about it . But during this Treaty , and before conditions of Peace could be agreed on , the French King had gotten into his poss●ssion the Lady Anne of Britaine , and solemnly maried her . Which under-hand dealing so incensed King Henry , that he presently called his High Court of Parliament , and there declared the just cause he had of War with France , desiring their Benevolence towards the charge thereof ; which was as readily granted as desired , and great summes of money were soon collected . In the yeere 1491 , being the sixth yeere of the Kings Reigne , on the sixth of April , the Nobility of the Realme assembled in the Cathedrall Church of St. Paul in London ; where also was the Major and Aldermen , and principall Citizens in their liveries : to whom D. Morton Lord Chancellour made an Oration ; declaring from his owne letters , that the King of Spaine had wonne the great and rich City and Country of Granado from the Moores , which had been in their possession above seven hundred yeeres : and having in places of their superstition , built Churches to the honour of Christ , was thereupon intituled the Catholick King. For joy whereof , Te De●m was sung with great solemnity . In the moneth of May was holden a solemne Justing , at the kings Palace of Shee●e , now called Richmond , which continued the space of a moneth ; sometimes within the Palace , and sometimes without , upon the green before the gate ; in which Justs , Sir Iames Parker running against a Gentleman named Hugh Vaughan , by reason of a faulty Helmet , was strucken into the mouth at the first course ; so that his tongue was borne to the hinder part of his head , in such sort that he dyed presently upon the place . And now Maximilian having received back his daughter from the king of France , was so displeased , that he presently sent an Ambassadour , one Iames Contibald to king Henry , requiring him to take his part in a warre against the French king ; towards which he promised to provide ten thousand men , with pay for two years : king Henry consented to it ; and having p●ovided himselfe of a puissant Army , on the sixth day of October , sayled to Callice ; but sending his Almoner Christopher ●rswi●ke , and Sir Iohn Resley to Maximilian , requiring his promised forces ; they found him altogether unprovided of either men or money : which brought king Henry into a great streight what he should doe : To proceede in the warre with his own forces alone , would be ●ull of hazard ; To return home without doing any thing , would bring an imputation upon him amongst his Subjects ; as though he had used the pretence of war , but as a trick to get money : at last , he resolved to doe something ; and thereupon , went and besieged Boloigne , having in his Army of chiefe Lords , Iasper Duke of Bedford , his Lieutenant Generall , Thomas Marquesse Dorset , the Earles of Arundell , Oxford , Suffolke , Shrewsbury , Darby , Ke●t , Devonshire and Ormond , sundry Barons , as D●wbeney , Aburgayny , De la Ware , Zouch , Hastings , Cobham and others . During his siege of Boloigne , ( in which there were but few slaine , and no man of note , but Sir Iohn Savage , who riding to take view at what place the town might best be assaulted , was set upon by certaine French men , and by them slaine ) King Henry was secretly dealt with by the Lord Cordes Governour of Heynault , on the king of France's behalf , to accept of certaine conditions of Peace . Who thereupon sent Richard Fox Bishop of Exceter , and Giles Lord Dawbeney to conclude them ; which amongst other Articles were , That king Henry without quitting his claime to France , should for a Peace to continue during the two kings lives , receive in present of Charles king of France , for his charges in that warre , seven hundred forty and five thousand Dockets , which in English money amounts to one hundred eighty six thousand two hundred and fifty pounds ; and five and twenty thousand crowns yeerly , towards the expenses he had been at before in aiding the Britaines ; which ( by the English , called Tribute ) was duly paid , during all the Kings Reigne , and also to king Henry his Sonne afterward , longer then it could continue upon any computation of charges . There were also assigned by the French king unto all king Henries principall Counsellours , great pensions , besides rich gifts for the present . Which whether the king did permit , to save his own purse from Rewards , or to communicate the envy of a businesse that was displeasing to his people , was diversly interpreted : for certainly , the King had no great fancy to own this Peace ; and therefore a little before it was concluded , he had underhand procured some of his best Captaines and Men of Warre , to advise him to a Peace under their hands , in an earnest manner , in the nature of a Supplication , that he might have it shew for justifying himselfe , and to give some allay to the discontentments of many , who had sold and engaged their Estates , upon the hopes of the warre . After the Peace thus concluded , he went to Callice , where he stayed some time , and the seventeenth of December following came to Westminster , where he kept his Christmasse . Soon after his return , he elected into the order of the Garter , Alpho●sus Duke of Calabri● , Sonne and Heire to Ferdinand King of Naples : to whom Christopher Vrswicke the kings Almoner , was sent to Naples to carry it ; which as soon as Alphonsus had received , he apparelled himselfe presently in the Habit , before a great assembly , indeed to shew what favour he was in with the king of England . There had been disturbance in the Realme before , by a Counterfeit Sonne of the Duke of Clarence ; but that device had two maine imperfections : One , that the true Sonne of the Duke was for●h-comming , and to be shewed openly for convincing the false ; the other , that though the counterfeit had been the true , yet he could have laid no claim to the Crown , as long as any Daughters of King Edward the fourth were living : Now therefore a device is found , by which those imperfections were both of them amended : for now a Counterfeit was set on foot , who pretended to be Richard the younger Sonne of king Edward the fourth ; so that neither any other could be produced to convince him of being false , nor any Daughters of King Edward could hinder his Right for claiming the Crown . This device was first forged by Margaret Dutchesse of Burgundie ; a woman that could never be quiet in her minde , as long as king Henry was quiet in his kingdome ; and by this device she hoped , if not to put him cleane out of his seat , yet foulely at least to disturbe him in it ; and this was the purpose of the Pl●t : but by what instrument it was acted , by what abe●tours fomented , and what issue the device had , are wor●hy all to be related . The Dutchesse having formerly given out , that Richard the younger Sonne of king Edward , was not murthred , but in compassion spared , and sent secretly a way to seek his fortune ; and having after long search gotten at last a fit Boy to personate a Prince ; keeps him seretly a good time with her ; in which time she so throughly instructed him in all Circumstances , and he afterward put them so gracefully in practice , that even those who had seen and known the young Prince while he lived , could hardly perceive but that this was he . It is true , though he were not King Edwards Sonne , yet he was his Godsonne ; and might perhaps have in him some base blood of the house of Yorke . This Perkin Warbeck , ( for so was the youths name , called Perkin , as a diminutive of Peter ) when he so perfectly had learned his lesson , that he was fit to come upon the Stage ; she sent him into Portingall , that comming from a strange Country , it might be thought , he had been driven to wander from one Country to another , for safeguard of his life , at least that she of all other might not be suspected . From Portingal she caused him to passe into Ireland , where the house of Yorke was specially respected , in regard of the great love which Richard Duke of Yorke , Father of King Edward the fourth , had wonne amongst them : by reason whereof , this Perkin as esteemed his Grand-childe , was well entertained by them , and held in great estimation . He had not been long in Ireland , when the French king sent for him ; for being at that time at variance with King Henry , hee thought he might make good use of Perkin , as a pretender against King Henry for the Crown . Perkin being come to Paris , was entertained in a Princely fashion ; and for his more honour , had a guard assigned him , over which the Lord Congreshall was Captaine . He had not been long at Paris , when there resorted to him Sir George Nevill bastard , Sir Iohn Taylour , Richard Robinson , and about a hundred other English : Amongst the rest , one Stephen Fryon , that had been King Henries Secretary for the French Tongue ; but discontented , fled , and became a chiefe Instrument in all Perkins proceedings . But this float of Perkins lasted not long ; for as soon as Peace was concluded between the two Kings ; the King of France dismissed Perkin and would keep him no longer . Then passed he secretly to his first foundresse , the Lady Margaret ; who at his first comming , made a shew of suspecting him to be a Counterfeit . But causing him in great assemblies to be brought before her , as though she had never seen him before ; and finding him to answer directly to all questions she put unto him : she openly professed , that she was now satisfied , and thought him verily to be her true Nephew ; and thereupon assigned a gu●rd of thir●y persons , cloathed in Murrey and Blew , and call●d him the White Rose of England . Upon report hereof , many in England were inclined to take his part ; and Sir Robert Clifford and Robert Bareley were sent into Flanders , to acquaint the Dutchesse with the peoples respect to Perkin : and indeed Sir Robert Clifford , upon sight and conference with him , wrote letters into England , wherein he affirmed , that he knew him to be true Sonne of king Edward , by his face , and other Lineaments of his body . King Henry hearing of these things , sent certaine espials into Flanders , that should feigne themselves to have fled to Perkin ; and by that means the better search out who were of the Conspiracy with him . Whose name being returned to the King , he caused them ●o be apprehended and brought to his Presence ; the chiefe of whom were Iohn R●tcliffe Lord Fitzwater , Sir Simon Montford , and Sir Thomas Th●●y●● knights , William Dawbeney , Robert Ratcliffe , Thomas Cressenor , and Thomas Astwo●d , also certaine Priests , as William Richford D. of Divinity , Thomas Boyns , D. William Sutton , William Worseley Dean of Pauls , Robert Layborne , and Richard Lesley , of whom , some hearing of it , fled to Sanctuary , o●hers were taken and condemed , as Sir Simon Montford , Robert Ratcliffe , and William Dawbeney , who were all three behe●ded . The Lord Fitzwater pardoned of life , was conveyed to Calice , and there laid in hold ; where seeking to make escape by corrupting his Keeper , hee lost his head . Shortly after , Sir Robert Clifford returning out o● Flanders ( not as some think , sent a spye from the beginning ; but rather now at last either discerning the fraude , or wo● by rewards ) and submitted himselfe to the kings mercy : discovering unto him , as farre as he knew , all that were either open or secret abettours of the Conspiracy ; amongst whom he accused Sir William Stanley Lord Chamberlaine : his accusation was this that in Conference between them , Sir William had said , that if he certainly knew ; that the young man named Perkin were the Sonne of king Edward the fourth , he would never fight nor beare Armes against him . These words being considered of , by the Judges , seemed to expresse a tickle hold of Loyalty ; for who could tell how soon he might be perswaded that he knew it ? and upon the matter , was to be Loyall to king Henry , but for want of better ; and withall it strook upon a string which had alwaies sounded harsh in king Henries ears , as preferring the Title of Yorke before that of Lancaster . Sir William being hereupon arraigned ; whether trusting to the greatnesse of his favours , or the smalnes of his fault , denied little of that wherewith he was charged , and upon confession was adjudged to dye ; and accordingly on the sixteenth day of February was brought to the Tower-hill , and there beheaded : after whose death , Giles Lord Dawbeny was made L. ●hamberlaine . This was that Sir William Stanley , who came in to rescue the Earle of Richmond , when he was in danger of his life ; who set the Crowne upon his head , and was the cause of his being saluted King : And could it enter into his breast , to put him to death , that had saved his life , and done him so many great services besides ? But it may be said , It was not the Earle of Richmond that did it , but the King of England ; for certainly , in many cases , a King is not at liberty to shew mercy , so much as a private man may . Though there be that affirme , the cause of his death was not words onely , but reall acts , as giving ayde to Perkin under-hand by money . And yet it seemes , there was some conflict in the minde of King Henry , what he should doe in this case ; for he stayed six weekes after his Accusation , before before he brought him to his Arraignment . How-ever it was , the Summer following , the King went in Progresse to Latham , to the Earle of Darby , who had ma●ied his mother , and was brother to Sir William Stanley : perhaps to congratulate his own safety ; perhaps to condole with him his brothers death ; but certainly to keepe the Earle from conceiving any sinister opinion of him : For to thinke that Sir William's suing to be Earle of Chester , ( an Honour appointed to the kings sonne ) or his great wealth ( for he left in his Castle at Holt , in ready money forty thousand markes , beside● Plate and Jewells ) were causes that procured or set forward his death ; are considerations very unworthy of so just a Prince , against a Servant of so great deserving . But in this meane while , Perkin having gotten a Power of idle loose fellows , took to Sea , intending to l●nd in Kent ; where though he were repelled , yet some of his Souldiers would needs venture to goe on Land ; of whom a hundred and sixty persons were taken Prisoners , whereof five were Captaines ; Mortford , Corbet , Whitebolt , Qu●●tyn and Gemyne : These hundred and sixty persons were brought to London , rayled in ropes , like horses drawing in a Cart , who upon their Araignement , confessing their offence , were executed , some at London , and some in Towns adjoyning to the sea-coast . Perkin finding no entertainment in Kent , sayled into Ireland , and having stayed there a while , and finding them also , being a naked people , to bee no competent assistants for him , from thence he sayled into Scotland , where he so moved the King of Scots with his fayre words and colourable pretexts ( made no doubt before by the Dutcesse of Burgoigne ) that hee received him in great state , and caused him to bee called the Duke of Yorke : and to perswade the World that hee thought him so indeede , hee gave to him in marriage the Lady Katherine Gourdon , da●ghter to Alexander Earle Huntley , his own neer kinswoman ; and soone after , in Perkins quarrell , entred with a puissant Army into England ; making Proclamation , that whosoever would come in and ayde the true Duke of Yorke , should bee spared ; but none comming in , he then used all kinde of cruelty , and the whole County of Northu●berland was in a manner wasted : whereat Perkin , at his returne , expressed much griefe , saying It grieved him to the heart to see such havock made of his people : To whom the King answered , Alas , Alas , you take care for them , who for any thing that appeares are none of yours ; for not one of the Countrey came in to his succour . King Henry incensed with this bold attempt of the king of Scots , called his High Court of Parliament , acquainting them with the necessity hee had of a present warre to revenge this indignity offered him by the Scots , and thereupon requiring their ayde by money , had a subsidie of sixscore thousand pounds readily granted him ; and then in all haste a puissant Army is provided , and under the conduct of the Lord Dawbeney sent into Scotland , but before hee arrived there hee was suddenly called back , by reason of a commotion begun at Cornwall , for payment of the Subsidie lately granted , which though it were not great , yet they grudged to pay it . The Ring-leaders of this commotion were Thomas Flammock , a gentleman le●●ned in the Lawes , and Michael Ioseph a Smith ; who laying the blame of this exaction upon Iohn Morton Archbishop of Canterbury , and Sir Reynold Bray , as being chiefe of the Kings Councell , exhorted the people to take armes ; and having a●sembled an Army , they went to Taunton , where they slew the Provost Pery● , one of the Commissioners for the Subsidie , and from thence came to Wells , intending to goe to London where the King then lay , who having revoked the Lord Dawbeney , appointed Thomas Howard Earle of Surrey ( after the death of the Lord Dinham , made Lord Treasurer of England ) to have an eye to the Scots , and if they made invasion , to resist them . In the meane time Iames Twychet Lord Audley confederated himselfe with the Rebells of Cornwall , and tooke upon him to bee their Leader , who from W●lls went to Salisbury , and from thence to Winchester , and so to Kent , hoping there ●o have had great ayde , but found none ; for the Earle of Kent , the Lord of Aburg●●● , Iohn Brook Lord Cobham , Sir Edmond Poynings , Syr Richard Guildford , Sir Th●●as Bourchier , Iohn Peachy and William Scott were ready in Armes to resist them ; whereupon the Rebels brought their Army to Black-heath , foure miles distant from L●nd●n , and there in a plaine on the top of a hill encamped themselves ; whereof when the King had knowledge , hee presently sent Iohn Earle of Oxford , Henry Bou●●●ier Earle of Essex , Edmond de la Poole Earle of Suffolke , Sir Riceap Thomas and Sir H●●fry Stanley to inviron the hill on all sides , that so all hope of flight might hee tak●n from them ; and then set forward himselfe , and encamped in St. George● fields , where for encouragement he made divers Bannarets . The next day he sent the Lord Dawbeney to set upon the Rebels early in the morning , who first got the bridge at Deb●ford Strand , though strongly defended by the Rebels Archers , whose arrowes were ●eported to bee a full cloath-yard in length ; but notwithstanding the Lord 〈◊〉 comming in with his Company , and the Earles assayling them on every side , they were soone overcome : In which conflict were slaine of the Rebels above 〈◊〉 thousand ; taken prisoners a very great number , many of whom the King p●●doned , but of the chiefe Authors none : for the Lord Audley was drawne from Newgate to Tower-hill , in a coate of his owne Armes paynted upon paper , reversed and all torne ; and there , on the foure and twentieth day of Iune was beheaded . Thomas Flammock and Michael Ioseph were hanged drawn & quartered , and their heads and quarters pitched upon stakes , set up in London and other places . Of the Kings Army were slaine not above three hundred . It is memor●ble with what comfort Ioseph the black-smith cheered up himselfe at his going to execution , saying that yet he hoped by this that his name and memory should be everlasting : so deere even to vulgar spirits is perpetuety of Name , though joyned with infamy , what is it then to Noble spirits , when it is joyned with Glory ? In the meane time the king of Scots taking advantage of these troubles in England , invaded the Frontiers , forraged the Bishoprick of Durham , and at last besieged the castle of Norham , whereof Richard Fox then Bishop of Durham was owner ; who thereupon sent presently to the Earle of Surrey , acquainting him with this Invasion : Whereupon the Earle , taking with him Ralph Earle of Westmerland , Thomas Lord Barnes , Ralph Lord Nevill , George Lord Strange , and many other Lords and knights , and an Army of little lesse then twenty thousand men , besides a Navy , whereof the Lord Brooke was Admirall ; set forward against the Scots , and not only forced the Scots to raise their siege of Norham Castle , but followed them also into Scotland , where he overthrew and defaced , the Castle at Cawdestraynes , the Tower of He●e●hall , the Tower of Edington , the Tower of Fulden , and at last by composition tooke the strong Castle of Hayton , and rased it to the ground . At the Earles being at Hayton , the King of Scots sent to him Marchemont and another Herald , requiring him , at his election , either to fight with him with their whole Armies , or else they two to fight in single combat ; upon condition , that if the victory fell to the Scotish king , the Earle should deliver for his Ransome the Towne of Barwick : Whereunto the Earle made answer , that the Town of Barwick was the King his Masters , and therefore not for him to dispose of ; but for his offer of single combat , he willingly accepted it , and thought himselfe highly honored by such a match : But King Iames of Scotland had no meaning to performe either one or other , but privily in the night fled back into Scotland ; and then the Earle returned to Barwick . In the meane time , one Peter Hyal●s a man of great learning and policie , was sent Ambassadour to the King of Scots , from the King of Spaine , to mediate a Peace between the two kings of of England and Scotland ; who finding the King of Scots conformable to his motion , found after the King of England ( who was never averse from Peace upon honourable Conditions ) no lesse enclining to it : and so a Truce was concluded for certaine yeeres ; upon conditition , that Perkin Warbeck should be sent out of the Scotish Dominions . About this time , the Lord of Camphyre and others sent from Philip Archduke of Austria and Duke of Burgundy , came to king Henry for a conclusion of Amity , and to procure the English merchan●s resort againe to his Country : for king Henry some time before , upon displeasure with the Flemings , but specially with the Lady Margaret , for abetting Perkin Warbeck ; not onely had banished all Flemish wares and merchandizes out of his Dominions , but had also restrained all English merchants from having any traffick in any of their Territories , causing the Mart for all English commodities to be kept at Callice : but now , upon this invitation , and having found it had been a great hinderance to his owne Merchant-adventurers , and thereupon some insurrections had risen , he willingly condiscended to their Request ; and so the English resorted againe into the Archdukes Dominions , and were received into Antwerp with generall Procession ; so glad was that Towne of the Engglish-mens returne . In this eleventh yeere of the Kings Reigne , dyed Cicely Dutchesse of Yorke , mother to king Edward the fourth , at her Castle of Berkhamstead , being of extreme age ; who had lived to see three Princes of her body Crowned , and foure Murthered : she was buried at F●dri●g●am by her Husband . Shortly after the Truce concluded between England and Scotland , Perkin Warbeck was commanded to depart out of the Scotish Dominions : who thereupon with his wife and familie , sayled into Ireland : where understanding that the Cornish-men were ready to renue the warre againe , he thought best not to let p●sse so faire an occasion ; and thereupon , having with him foure small ships , and not above six-score men , he sailed into Cornwall , and there landed in the moneth of September , and came to a Town called Bodmyn ; where with faire words and large promises , he so prevailed with the people , that he had gotten to him above three thousand persons to take his part ; and then made Proclamations in the name of King Richard the Fourth , as sonne to King Edward the Fourth : and by the advice of his three Counsellors , Iohn Heron a bankrupt Mercer , Richard Skelton a Tailour , and Iohn Astley a Scrivener , determined to attempt first the winning of Exceter ; which with great violence he assaulted , and the Townsmen with as great valiantnes defended : whereof when the King heard , he sent the Lord Dawbeny to their rescue : but before he came , the Lord Edward Courtney Earle of Devonshire , and the valiant Lord William his sonne , accompanied with Sir Edmund Carew , Sir Thomas Trenchard , Sir Courtney● Sir Thomas Fulford , Sir Iohn Hal●well , Sir Iohn Croker , Walter Court●ey , Peter Edgecombe , William St. Maure with others came to their ayde : upon whose comming , Perkin left the siege , and retired to Taunton ; where he mustered his men , as though he meant to prepare for battell : but finding his number to be much diminished , ( fo● of six thousand which he had at Exceter , many were fled from him , when they saw no Great ones to take his part ) he began to distrust his case ; and he●●ing withall , that the king with a great Power was at hand : about midnight , with threescore horse-men in his company , he departed in post from Taunton , and tooke Sanctuary in a Town called Beauly neere to Southampton . When king Henry he●rd that Perkin was fled , he sent after him to the Sea-side , to stop his passage and apprehend him : But the messengers that were sent , when they came to St. Michaels 〈◊〉 , though they found not Perkin , yet there they found his wife the Lady Katherine Gourdon , whom they presently brought to the king ; a beautifull young Lady : to whom , in honour of her birth , and commiseration of her beauty , the king allowed a competent maintenance , which she enjoyed during the kings life , and m●ny yeeres after . king Henry being come to Exceter , stayed there a few dayes , about examination of the Rebellion , and execution of the chiefe Offendours : of whom there being a great multitude , and all of them craving pardon , the king caused them all to be assembled in the Church-yard of St. Peter , where they all appeared bar●-headed in their shirts , and halters about their necks : whom the king viewing out of a window made for the purpose ; after he had paused a while , made a speech unto them , exhorting them to obedience ; and then , in hope they would afterward be dutifull Subjects , he pardoned them all : whereat they made a great shout , crying 〈◊〉 , God save king Henry ! though some of them afterward , like ungratefull wretches , fell into new Rebellions . All this whi●e Perkin was in Sanctuary : and the King thinking himselfe in danger as long as he was in safety , set a Guard about the place , to keepe him for escaping ; whereby Perkin was so restrained , that at last hee submitted himselfe to the kings mercy , and was thereupon sent to the Tower to b● there in s●fe custodie . This do●e , king Henry appointed Thomas Lord D●rcy , Sir Amy●s Pawle● , and Robert Sherb●●●● Deane of Pauls● to be Commissioners , for ma●ing enquiry of the Offenders , 〈◊〉 for assessing their Fines ; which they did with great severity to some , with great mildnesse to others , to all with equity . 〈◊〉 was now the fourteenth yeer of the kings Reigne , when one Sebastian ●●bato , ● Ge●●●a's Sonne , born ●t B●iston , perswaded the king to man and victua●● a ship at Bristow , ●o search for 〈◊〉 stand , which ( he said ) he knew to be replenished with rich Commodities ; who setting forth with three other small sh●ps of London merchants , returned home two yeer● after , when he had made a large discovery westward , and would have gone to 〈◊〉 , if the Mariners had not forced him to return : a likewise si● years before , one Christop●er Columbus a Spanyard , made the first discovery of America . Perkin being in the Tower and carefully guarded , yet found me ●s to escape ; and fled to the Priory of Sheen neer Richmond ; where discovering himselfe to the Pryor of that Monastery , he begged of him for Gods sake , to get the kings Pardon fo● his life ; which the Prior effected : but then was Perkin brought to the Court at Westminster , and was one day set fettered in a paire of Stocks before Westminster-hall , and there stood a whole day ; the next day he was set upon a like Scaffold in Cheape-side , and there standing the whole day also , hethen read openly his confession , wr●tten with his own hand ; wherein he declared his Parentage and the place of his Birth , and all the passages of his Life , and by what means he was drawn to make this attempt . After this , he was committed againe to the Tower , and care taken , he should be better looked to than he was before . But all the care notwithstanding , once againe Perkin attempted to escape , and drawing into a Confederacy with him the young Earle of Warwicke ; by faire words and large promises so corrupted his keepers , Stra●gwish , Bl●wet , Astwood and long Roger , servants to Sir Iohn Digbie Lieutenant of the Tower , that they intended to have slaine their Master , and set Perki● and the Earle of Warwicke at liberty . But this practice was soone discovered , ●o that Perki● and Iohn a Water , sometime Major of Corke in Ireland , one of Perki●s chiefe founders , were on the sixteenth day of November arraigned at Westminster and condemned , and both of them on the two and twentieth day were drawn to Tyburne and there hanged ; where Perki● tooke it upon his death , that the Confession he had formerly made , was true : soon after also Blewet and Astwood , two of the Lieutenants men , were in the same place executed . On the one and twentieth day of the same month , Edward Plantagemet Earle of Warwicke was arraigned at Westminster , before the Earle of Oxford , then High Steward of England ; not for consenting to breake Prison , but for conspiring with Perkin to raise Sedition and destroy the king ; and upon his Confession , had Judgement , and on the eight and twentieth day of the same month , in the yeer 1499. was brought to the Scaffold on the Tower-hill , and there beheaded . This Earle of Warwick was the eldest Sonne of the Duke of Clarence , and was the last Heire male of the name of Plantagenet , and had been kept in the Tower from his very In●ancy out of all company of Men and fight of Beasts ; so as he scarcely knew a Hen from a Goose , nor one beast from another ; and therefore could never know how to practice his escape of himselfe , but by Perki●s subtlety : for which cause the king favoured him so farre , that he was not buried in the Tower , but at Bissam by his Ancestours . And thus ended the designes of Perki● Warbeck , which had troubled both the Kingdome and the King , the space of seven or eight yeers , a great part of the Kings Raigne . But in the time of Perki●s being in the Tower , another like practice was set on foot ; for an Augusti●e Frier called Patrick , in the County of Suffolk , having a Scholler named Ralph Wilford a Cordwayners Sonne , he caused him to take upon him to be the Earle of Warwicke , lately by great chance gotten out of the Tower ; and they going together into 〈◊〉 ; when the Frier perceived some light credit to be given to him , he then stuck not to declare it openly in the Pulpit , desiring all men to assist him . But this practice was soone discovered , and both the Mr. and the Scholler were apprehended & attainted ; the Scholler Wilford was hanged on Shrovetuesd●y at S. Thomas Waterings , and the Frier was condemned to perpetuall Prison : for at that time so much reverence was attributed to holy Orders ; that a Priest , though ●e had commited Treason against the king , yet had h●s life spared . And this pract●●e was some cause to exasperate the king against the Earle of Warwicke , who though innocent in himselfe , yet was nocent in pretenders : and besides ; king Ferdinand of Spai●e , with whom at this time there was a Treaty for marriage of his Daughter to Prince Arthur , had written to the king in plaine terms , that he saw no assurance of his Sonnes succession , as long a● the Earle of Warwicke lived : and thus all things unfortunately concurred to bring this innocent Prince to his end . In the fifteenth yeer of his Reigne , partly to avoide the danger of the Plague , then raigning in England ; but chiefely to conferre with the Duke of Burgoigne about many important businesses : the King and Queen sayled over to Callice ; where at an enterview between him and the Duke , at Saint Peters Church without Callice , the Duke offered to hold the kings sturrup at his alighting , which the king by no meanes would permit ; but descending from horse-back , they embraced wi●h great affection ; ●nd after Communication had between them , the King and Queen in the end o● Iu●● returned into England . In his seventeenth yeer ●wo great Marriages were solemnized : the Lady 〈◊〉 of Spaine was sent by her Father king Ferdi●a●d , with a puissant , Army of S●●ps into E●gland ; where she arrived at Plimouth , the second day of October ; and on the fourteenth of November after● was espo●sed openly to Prince Ar●hur , both be●ng clad in white ; He of the age of ●●fteen yeers , shee of eighteen : at night they were laid together in one Bed , where they lay as Man and Wife all that night : when ●o●ning appeared , the Prince ( as his servants about him reported ) called for drinke , which before time he had not used to doe ; whereof one of his Chamb●rlaines ●sking 〈◊〉 the cause● he answered merrily , saying , I have been this night in the middest o● Spa●●● , which is a hot Country , and ●hat make● me so dry : though some write , tha●● grave Matron was laid in bed between them , to hinder actuall Consummation●● T●e Ladies portion was two hundred thousand Duckets ; her joynture , the 〈◊〉 part of the Principality of Wales , Cornwall and Ch●ster . At this Marriage was gr●●● solemnity and Royall Justings ; during which time , there came into London 〈◊〉 Earle , a Bishop , and divers other noble personages sent from the king of Scots 〈…〉 conclusion of a Mariage , ( before treated of , between the Lady Margaret the 〈◊〉 eldest daughter , and him ; where the Earle by Proxie , in the name of king Iames 〈◊〉 Mas●er , affied and contracted the said Ladie , which Contract was published at 〈◊〉 Crosse● the day of the Conversion of Saint Paul ; for joy whereof , Te Deum 〈…〉 , and great fires were made through the City of London ; and if such joy we●e made when the match was made , what joy should be made now at the issue of the match , when by the Union of those persons is made an Union of these kingdomes ; and England and Scotland are but one great Britaine ? The Ladies portion was ten thousand pounds , her joynture two thousand pounds a yeer , after king Iames his death ; and in present one thousand . When this match was first propounded at the Connsell Table , some Lords opposed it ; objecting , that by this means the Crown of England might happen to come to the Scottish Nation . To which King He●ry answered , what if it should ? It would not be an accession of England to Sco●la●d , but of Scotland to England : and this answer of the kings passed for an Oracle , ●nd so the match proceeded , and in August following was Consummate at Edi●b●rgh , conducted thither in great State by the Earle of Northumberland . Prince Arthur after his marriage , was sent againe into Wales , to keep that Count●y in good order ; to whom were appointed for Counsellours , Sir Richard Poole , hi●●insman and chiefe Chamberlaine , Sir Henry Vernon , Sir Richard Crof●s , Sir David 〈◊〉 , Sir William Vdall , Sir Thomas Englefield , Sir Peter Newton , Iohn Walleston , 〈◊〉 Marton , and Doctor William Smith President of his Counsell : but within five moneths after his marriage , at his Castle of Ludlow he deceased , and with great sole●●ity was buried in the Cathedrall Church at Worcester . His Brother Henry Du●e of Yorke , was stayed from the title of Prince of Wales , the space of halfe a yeer , till to women it might appeare , whether the Lady Katherine , the Relict of Prince Ar●●●● were with childe , or no. The towardlines in learning of this Prince Arthur is ve●y memorable ; who dying before the age of sixteen yeers , was said to have read over al● or most of the Latine Authours , besides many other . And now Prince Arthur being dead , and the Lady Katherine of Spaine left a young widdow ; King Henry loath to part with her dowry , but chiefely being desirous 〈◊〉 continue the Alliance with Spaine : prevailed with his other Sonne Prince Henry , though with some reluctation , such as could be in those years ( for he was scarce ●welv● years of age ) to be contracted with the Princesse Katherine his bro●h●rs widdow ; for which marriage , a dispensation by advice of the most learned men at that 〈◊〉 in Christendome , was by Pope Iulius the second granted , and on the five and twentieth day of Iune , in the Bishop of Salisbury●s house in Fleet-street , th● marriage was solemnized . A little before this time , 〈…〉 Earle of S●ffolke , Son to Iohn Duke of Suffolke and Lady Eliz●b●t● Sister ●o king Edward the ●ourth , had in his fury kill'd a mean person● and was thereupon I●dighted of Murther ; for which , although he had the kings Pardon , yet because he was brought to th● Kings-bench-b●rr● , and there arraigned ; he took it for so great 〈…〉 his honour , that in great rage he fled into Flanders to his Aun● the Lad● M●●garet ; where having stayed a while , when his p●ssion was over , he return●d againe . ●ut after the marriage between Prince Arthur and the Lady 〈◊〉 , w●●ther it were that in that solemnity he had run himselfe in debt ; or 〈◊〉 he were ●rawn to doe so by the Lady Margare● , he passed over the second time , with his b●other Richard , into Fl●nder● . This put the king into some doubt of his intention● whereupon he hath recourse to his usuall course in such cases , and Sir 〈…〉 Captaine of Hamme● Castle , to feigne himselfe one of that Conspiracy , the●●by to learn the depth of their intentions : And to take away all susp●●ion of his imployment ; ●he first Sunday of November , he caused the said Earle and Sir Robert C●rson with five others to be accursed openly at Pauls Crosse , as Enemies to him and his Realme . In conclusion , Sir Robert Curson acquainted the king with divers of that faction ; amongst whom , Willia● Lord Court●ey , and Willia● de la Poole , brother to the foresaid Earle of Suffolke , who were taken but upon suspition , yet held long in prison : but Sir Iames Tyrrell ( the same that had murthered the two young Princes in the Tower ) and Sir Io●● Windham , who were proved to be Traytor● , were accordingly attainted , and on the sixth day of May at the Tower-hill beheaded . Whereof when the Earle heard , despairing now of any good successe , he wandred about all Germany and Fr●●c● , where finding no succour , he submitted himselfe at last to Philip Duke of Austria , by whom afterward he was delivered to king Henry , by this occasion : Ferdi●a●d king of Aragon , by his Wife Isabella Queen of C●stile , had onely two Daughters , the eldest whereof named Ioa●e , was married to this Philip Duke of Austria ; the younger , named Katherine , to Arthur Prince of England : and now Queen Isabella being lately dead , by whose death the kingdome of Castile descended in Right of his Wife , to this Duke Philip ; they were sayling out of Germany into Sp●ine to take possession of the kingdome ; but by tempest and contrary windes were driven upon the coast of England , and landed at VVeymouth in Dorsetshire ; where desiring to refresh themselves a little on shore , they were invited by Sir Thomas Tre●cha●d ( a principall knight of that Country ) to his house , who presently sent word to the king of their arrivall . King Henry glad to have his Court honoured by so great a Prince , and perhaps upon hope of a courtesie from him , which afterward he obtained : ●ent presently the Earle of Arundell to waite upon him , till himselfe might follow ; and the Earle went to him in great magnificence , with a gallant troope of three hundred Horse , and for more State came to him by Torch-light . Upon whose Me●●●ge , though king Philip had many re●sons of haste on his journey ; yet not to give king He●ry distaste , and withall to give his Queen the comfort of seeing the Lady Katherine her Sister ; he went upon speed to the king at VVindsor , while his Queen followed by easie journeys . After great magnificence of entertainment , king Hen●y taking a fit opportunity , and drawing the king of Castile into a roome , where they two onely were private ; and laying his hand civilly upon his arme , said unto him ; Sir , you have been saved upon my Coast : I hope you will not suffer me to wrack upon yours . The king of Castile asking him , what he meant by that speech ? I mean it ( saith the king ) by that haire-brain'd fellow the Earle of Suffolke ; who being my subject , is protected in your Country , and begins to play the foole when all others are weary of it . The king of Cas●ile answered ; I had thought , Sir , your felicity had been above those thoughts ; but if it trouble you , I will banish him : king Henry replyed , that his desire was to have him delivered to him : with this , the king of Castile a little confused said , That can I not doe with my honour : Well then ( said the king ) the matter is at an end : at last the king of Castile , who held king Henry in great estimation , composing his countenance , said , Sir you shall have him ; but upon your Honour , you shall not take his life : I promise it upon mine Honour , said King Henry : and he kept his promise ; for he was not put to death during all his Reigne ; but yet he tooke such order , that in the Reigne of his Sonne K. Henry the Eighth , he had his head cut off . During the king of Castiles being here , a Treaty was concluded , and beares date at Windsor ; which the Flemings terme Intercursus malus , for that the Free fishing of the Dutch upon the Coasts and Seas of England , granted in the Treaty of Vndecimo , was not by this Treaty confirmed , as all other Articles were . And now , when king Henry had received the king of Castile into the Fraternity of the Garter , and had his Sonne Prince Henry admitted to the order of the Golden fleece ; and that the Earle of Suffolk was brought over and committed to the Tower ; the king of Castile departed home . In this kings time were two Calls of Serjeant● at Law : One in his eleventh yeere , in which were called nine Serjeants , Mordant , Higham , Kingesmill , Conisby , Butler , ●●xely , Frowick , Oxenbridge , and Constable ; who kept their feast at the Bishop of Ely's Place in Holborne , where the King , the Queen , and all the chiefe Lords dined . The other Call , in his twentieth yeere ; in which were called ten Serjeants , Robert Brudnell , William ●revill , Thomas Marow , George Edgore , Lewis Pollard , Guy Palmes , and William Fairfax ; who kept their feast at the Archbisho●s house in Lambeth . King Henry having gotten as much honour as the Estimation of neighbouring Princes could give him , began now to be intentive to getting of wealth ; wherein he quickly found Instruments fit for his purpose , but specially two , Empson & Dudley both Lawyers ; Dudley of a good family , but Empson the son of a Sieve-maker . These two persons being put in Authority , turned Law and Justice into Rapine . For first , their manner was , to cause divers Subects to be indicted of Crimes , and then presently to commit them ; and not produce them to their answer , but suffer them to languish long in Prison ; and by sundry artificiall devices and terrors , extort from them great Fines , which they termed Compositions and Mitigations . Neither did they ( towards the end ) observe so much as the halfe face of Justice , in proceeding by Indictment ; but sent forth their Precepts to attach men , and convent them before themselves and some others at their private houses , and there used to shuffle up a Summary proceeding by examination , without tryall of Jury ; as●uming to themselves , to deale both in Pleas of the Crowne , and controversies Civill . Then did they also use to enthrall and charge the Subjects lands with Tenures in Capite , by finding false Offices ; refusing upon divers pretexts and delayes , to admit men to traverse those false Offices , as by Law they might . Nay the Kings Wards , after they had accomplished their full age , could not be suffered to have livery of their lands , without paying excessive Fines , farre exceeding all reasonable rates . When men were outlawed in personall actions , they would not permit them to purchase their Charters of Pardon , except they paid great and intolerable summes ; standing upon the strict point of Law , which upon Outlawries gives forfeiture of goods . Nay , contrary to all Law and colour , they maintained , the King ought to have the halfe of mens lands and rents during the space of full two yeeres , for a Paine in case of Outlawry . They would also ruffle with Jurors , and enforce them to finde as they would direct ; and if they did not , then convent , imprison , and fine them . These and many other cours●s they had of preying upon the people : but their principall working was upon Penall Statutes ; wherein they considered not whether the Law were obsolete , or in use ; and had ever a rabble of Promoters and leading Jurors at their command , so as they could have any th●ng found , either for Fact or Valuation . There remaineth to this day a Report , that King Henry was on a time entertained very sumptuously by the Earle of Oxford , at his Castle of Heningham : and at the Kings going away , the Earles servants stood in their livery-coates with cognisances , ranged on both sides , to make the King a lane : Whereupon the King called the Earle to him , and said : My Lord , I have heard much of your Hospitality , but I see it is greater than is spoken ; These handsome Gentlemen and Yeomen whom I see on both sides of me , are sure your Meniall servants . At which the Earle smiled , and said : It may please your Grace , that were not for mine ease ; They are most of them my Retainers , and are come to doe me s●rvice at such a time as this , and chi●fly to see your Grace . Whereat the King started a little , and said : By my faith ( my Lord ) I thanke you for my good cheere ; but I may not endure to have my Lawes broken in my sight : my Attourney must speake with you about it . And it is part of the Report , that it cost the Earle for a composition , fifteen thousand marks . And to shew further the Kings extreme diligence : I remember ( saith Sir Francis Bacon Lord of Virula● in his History ) to have seene long since a Booke of Accompt of Empsons , that had the kings hand almost to every leafe , by way of signing ; and was in some places postilled in the Margent with the kings owne hand likewise , where was this Remembrance : Item , Received of such a one five markes ; for the Pardon to be procured ; and if the Pardon doe not passe , the money to be repayd , except the party be some other way satisfied . And over against this Memorand●m ( of the kings owne hand , ) Otherwise satisfied . This ( saith he ) I doe the rather mention , because it shewes in the king a Nearnesse , but yet with a kinde of Justnesse . In his three and twentieth yeere , there was a sharpe prosecution against Sir William Gapell now the second time , for misgovernment in his Majoralty : The great matter was , that in some payments he had taken notice of false monies , and did not his diligence to examine who were the Offenders : for which and some other things ●aid to his charge , he was condemned to pay two thousand pounds ; whereof , being a man of stomack , he refused to pay a farthing ; and thereupon was sent to the Tower , where he remained till the Kings death . Knesworth likewise , that had been lately Major of London , and both his Sheriffs , were for abuses in their offices questioned and imprisoned , and not delivered but upon payment of one thousand foure hundred pounds . Sir Lawrence Ailmer , who had likewise been Major of London , and his two Sheriffs , were put to the Fine of one thousand pounds ; and Sir Lawrence , for refusing to pay it , was committed to prison , where hee stayed till Empson himselfe was committed in his place . By these courses hee accumulated so great store of Treasure , that he left at his death , most of it in secret places , under his own key and keeping at Richmond , ( as is reported ) the summe of neer eighteen hundred thousand pounds sterling . But though by this course he got great store of Treasure , yet by it he lost the best treasure ( the peoples hearts ) but that he something qualified it by his last Testament , commanding that Restitution should be made of all such moneys as had unjustly been levied by his Officers . It seemes king Henry , after the death of his Queene the Lady Elizabeth , had an inclination to marry againe ; and hearing of the great beauty & virtue of the young Queene of Naples , the widow of Ferdinando the younger ; he sent three confident persons , Francis Marsyn , Iames Braybrooke , and Iohn Stile , to make two inquiries ; one of her person and conditions , the other of her Estate : Who returning him answer , that they found her Beauty and Virtues to be great , but her Estate to be onely a certaine Pension or Exhibition , and not the kingdome of Naples as he expected , he then gave over any further medling in that matter . After this , another Treaty of Mariage was propounded to the king , betweene him and the Lady Margaret Dutchesse Dowager of Savoy , onely daughter to Maximilian , and Sister to the king of Castile ; a Lady wise and of great good fame : In which businesse was imployed , for his first piece , the kings then Chaplain , and after the great Prelate , Thomas Woolsey . It was in the end concluded , with ample conditions for the king , but with promise de Futuro onely . Which mariage was protracted from time to time , in respect of the Infirmity of the king ; which held him by ●its till he dyed . He left Executours , Richard Fox Bishop of Winchester , Richard Fitz Iames Bishop of London , Thomas Bishop of Durham , Iohn Bishop of Rochester , Thomas Duke of Norfolk & Treasurer of England , Edward Earl of Worcester and Lord Chamberlaine , Iohn F. knight , chiefe Justice of the Kings Bench , and Robert R. knight chiefe Justice of the Common Pleas. A little before his death , he had concluded a marriage ( in which negociation Foxe Bishop of Winchester was imployed ) between his younger Daughter the Lady Mary , of the age of ten years ; and Charles king of Castile , not much elder : but though concluded , yet not solemnized ; and she was afterward married to Lewis the French king . Of his Taxations . IN his third yeer , there was by Parliament granted toward the maintaining an Army in Britaine ; that every man should pay the tenth penny of his Goods : which Tax though at first withstood in Yorkeshire and Durham ; yet was afterwad levied to the uttermost . In his seventh yeer , towards his warres in France , a Benevolence was by Parliament granted ; by which great summes of money were collected of the richer sort only . In his eleventh yeer , a Subsidie of sixscore thousand pounds was granted him by Parliament , towards his wa●s with Scotland , which caused afterward the insurrection in Cornwall . In his nineteenth yeer a Subsidie was granted him by Parliament . In his one and twentieth yeer , ●e raised great summes of money from offenders against Penall Statutes : the greatest , but the unjustest way for raising of money , that every any king of England used : and not content with this , he required and had at the same time a Benevolence both from the Clergie and Laity . To the Clergie was imployed Richard Fox , then Bishop of Winchester ; who assembling the Clergie before him , exhorted them to be liberall in their contribution ; but the Clergie being of two sorts , rich and poore , made each of them their severall excuses : The rich and such as had great livings , said , they were at great charges in keeping hospitality and maintaining their families , and therefore desired to be spa●ed : The poorer sort alledged , that their means were small , and scarce able to finde them necessaries , and therefore desired to be forborne . But the Bishop answered them both with a pretty Dilemma , saying to the rich , It is true , you live at great charges in hospitality , in apparell and other demonstrations of your wealth ; and seeing you have store to spend in such order , there is no reason but for your Princes service you should do it much more , and therefore you must pay . To the poorer sort he said , though your livings be small , yet your frugality is great , and you spend not in house-keeping and apparell as other doe ; therefore be content , for you shall pay . Of his Lawes and Ordinances . THIS King was the first that ordained a company of tall strong men , ( naming them Yeomen of the Guard ) to be attending about the person of the king ; to whom he appointed a Livery by which to be known , and a C●ptaine by whom to be chosen . In his time , the authority of the Star-chamber , which subsisted before by the Common Lawes of the Realme , was confirmed in certaine cases by Act of Parliament . In his time were made these excellent generall Laws : One , that from thenceforth sines should be finall , and conclude all strangers rights : Another for admission of poore suitours , In forma pa●peris , without paying Fee to Counsellour , Atturney or Clerke . Another , that no person that did assist by Armes or otherwise the King for the time being , should after be Impeached therefore or Attainted , either by course of the Law , or by Act of Parliament ; and that if any such Act of Attainder did happen to be made , it should be void and of none effect . Another for the Benevolence , to make the summes which any had agreed to pay , and were not brought in , to be leviable by course of Law. Another , that Murtherers should be burnt on the Brawn of the left hand , with the letter M. and Theeves with the letter T. so that if they offended the second time , they should have no mercy , but ●e put to death ; and this to ●each also to Clearkes Convict . In his fifth yeer , It was ordained by Parliament , that the Major of London should have Conservation of the river of Thames , from the bridge of Stanes , to the waters of Yendal● and M●d-way . In his seventeenth Iohn Shaw Major of London , caused his brethren the Aldermen to ride from the Guild-hall to the waters-side , when he went to Westminster to be presented in the Exchequer : ●e also caused the kitchins and other houses of office ●o be builded at the Guild-hall ; where since that time , the Majors feast ha●h been kept , which before , had been in the Grocers or Taylours-hall . In his eighteenth yeer king Henry being himselfe a brother of the Taylours Company , as divers kings before had been , namely , Richard the third , Edward the fourth , Henry the sixth , Henry the fifth , Henry the fourth , and Richard the second ; also of Dukes 11. Earles 28. Lords 48. he now gave to them the Name and Title of Merchant Taylours ; as a name of worship to endure for ever . Affaires of the Church in his time . IN the tenth year of his Raigne , Ioane Boughton widdow , was burnt in Smithfield , for holding certain opinions of Iohn VVickliffe . In his seventh yeer , king Henry finding great inconvenience by the priviledge of Sanctuaries ; wrote to Pope Alexander , desiring him by his authority , to adjudge all English men being fled to Sanctuary for the offence of Treason , to be Enemies to the Christian Faith ; and to prohibite the priviledge of Sanctuary to all such as once had enjoyed it before : which request the Pope granted , to the great contentment of the king , and quiet of the Realme . In his sixteenth yeere being the yeer 1500. a Jubilee in Rome was celebrated ; whereof Alexander the then Pope , by his messenger Gaspar Pons a Spanyard , gave notice to the king : offering withall , that those who could not come to Rome , should notwithstanding at a certaine price have Pardons , and as full a benefit of the Jubilee , as if they came ; and to the end the king should not hinder his purpose , both offered part of his gaines to the king , and also promised to bestow it upon a warre against the Turke ; by which course he gathered great summes , for which he had other use , than to spend it so idly . In the two and twentieth yeer of this king● Pope Alexander the sixth dyed of Poyson , by this accident : He went to supper in a Vineyard neer the Vatican , where his sonne Valentionis meaning to poyson Adria● Cardinall of Cornetta , sent thither certaine flaggons of Wine , infected with poyson , and delivered them to a servant of his , who knew nothing of the matter ; commanding him , that none should touch them , but by his appointment : It happened , the Pope comming in something before supper , and being very dry through the immoderate heat of the season , called for drinke , his own provision being not yet come : The servant that had the poysoned wine in keeping ; thinking it to be committed to him as a speciall wine , brought of it to the Pope ; and while he was drinking , his sonne Valentinois came in , and dranke also of the same ; whereby they were both poysoned , but the Pope onely overcome of the poyson , died ; his sonne by the strength of youth bare it out , though with long languishing . Workes of Piety and other structures by him● and others . THIS King magnificently enlarged Greenwich , which Humfry Duke of Glocester had formerly builded , calling it Placentia . In his sixteenth yeer , ●e new builded his Manour of Shee● , and named it Richmond : He also new builded Baynards Castle in London . In his two and twentieth yeer , he finished the goodly Hospitall of the Savoy neere to Charing-crosse , to which he gave lands for the relieving of two hundred poore people : This was first called Savoy place , built by Peter Earle of Savoy Father to Boniface Archbishop of Canterbury , about the nine and twentieth yeer of Henry the third , who made the said Peter Earle of Richmond . The house belonged since to the Duke of L●●caster ; and at this time was converted to an Hospitall , reteyning still the first name of the Savoy . In this Kings time , Iohn Morton being Bishop of Ely , bestowed great cost upon his house at Hatfield in Hartfordshire , now the house of the Right Honourable the Earle of Salisbury ; and at Wesbich Castle in Cambridgeshire , a house belonging to that See ; all the Brick building was of his charge : Being afterward Bishop of Canterbury , he bestowed great sums in repairing and a●gmenting his houses at M●idstone , Alington-Parke , Charing , Ford , L●mbeth , and specially at Knoll in Kent , where he dyed . King Henry also builded three houses of Franciscan Friers , which are called observants ; one at Richmond , ●n other at Greenwich , a third at Newark ; and three other of Franciscan Friers , which are called Conventuals , one at Canterbury , another at Newcastle , and a third at South●amp●on . And drawing neer his end , he did these workes of charity : He granted a generall Pardon to all men , for any offence commited against any of his Lawes , Theeves and Murtherers only excepted : He paid also all Fees of all Prisoners in all Goales in and about London , abiding there for that cause only : He paid also the Debts of all such persons as lay in the Counters or Lud-gate for forty shillings or under , and some also for ten pounds . In his eighteenth yeer , the Chappell of our Lady , abo●e the East-side of the high Altar at Westminster Church , with a Tavern called the White-rose neer adjoyning , was taken down ; in which place a most beautifull Chappell was then presently begun to be builded , by King Henry ; the charges whereof amounted to the summe of fourteene thousand pounds ( as Stow witnesseth . ) In his second yeer , the great Conduite in Cheape-side , at the charges of Thomas Il●m Alderman of London , was new made ; and the Crosse also in Cheape was new builded , toward the charges whereof , Thomas Fisher Mercer gave five hundred Markes . In his seventh yeer , the Conduite in Grace-street was begun to be builded by the Executors of Sir Thomas Hill Grocer , late Major of London . Also this yeer , Hugh Cl●pton Major of London builded the great bridge of Stratford upon A●o● , as likewise a faire Chappell toward the South end of that Town ; and neer unto the same , a pretty house of B●rick and Timber , where he lay and ended his life : Hee glazed also the 〈◊〉 of the Parish Church in that Town ; and made a Way of foure miles long , 〈◊〉 miles from Alisbury towards London , and one mile beyond Ali●bury . In his ●●nth yeer , Iohn T●le Major of London , builded the Church of Saint Antho●●es , with a Free-schoole , and certain Almeshouses for poore men . In his time , his Mother the Lady Margaret Countesse of Richmond , builded two Colledges in Cambridge , one called Christs Colledge , the other St. Iohns ; and endowed them with large possessi●ns , for the maintenance of learning . Richard Fox Bishop of Winchester founded Corpus Chirsti Colledge in Oxford ; and William Smith Bishop of Lincolne , Brazen-nose Coll●●ge : He also builded at Liechfield an Hospitall , for a Master , two Priests , and ten poore men , as likewise a Free-schoole , with a Shoole-master and an Usher . Anne A●eling gave a hundred Marks towards the building of the Church in Cicester . In his time also Iohn Alcock Bishop of Ely , builded Iesus Colledge in Cambridge : and in his two and twentieth year , Thomas Knesworth Major of London , builded the Conduite at Bishopsgate at his own charge ; and gave to the Fishmongers certaine Tenements ; for which they are bound to allow to foure Schollers , two at Oxford , and two at Cambridge , to each of them foure pounds a yeer : also to poore people and Prisoners in Ludgate something yee●ly . In his twentieth yeer , Sir VVilliam Capell Major of London , caused all Hounseditch to be paved over ; which till that time , had 〈◊〉 very noyously to all travellers that way . In his fourteenth yeer , all the Gardens without Mooregate ( which had continued time out of minde ) were destroyed ; and of them was made a plaine field , for Archers to shoot in . In this Kings time also , 〈◊〉 Savege Archbishop of Yorke , repaired the Castle of Cawood , and the Manour of 〈◊〉 , and founded the Chappell at Maclesfield in Cheshire , where he was borne . Also in his time , Stephen Granings Major of London , founded a free Gramm●r Schoole 〈◊〉 VVolverhampton in Staffordshire where he was borne ; and gave lands sufficient for a Master and an Usher , leaving the oversight to the Merchant-Taylours in London . Thi● Town of VVolverhampton , commonly so called , is originally and rightly called 〈◊〉 - hampton , upon this occasion : The Town was antiently called Hampton , to which a noble woman named VVilfrune , a widdow , sometime wise of Athel●s Duke of Northampton ; obtained of King Ethelred , to give lands to the Church there , wh●ch she had founded ; and thereupon the Town tooke the addition of the said VVilfrune . In this Kings time also , Iohn Coll●t Deane of Pauls , founded Pauls Schoole in the Church-yard there . Casualties happening in his time . IN his first yeere happened the Sicknesse called the Sweating-sicknesse , which though it continued not long , yet tooke away many thousands : and in his two and twentieth yeer , the like Sweating-sicknesse happened againe ; but by reason of Remedies found in the former , took away fewer . In his second yeer , Wheat was sold for three shillings the Quarter , Bay-salt at the like price : In his seventh yeer , Wheate was sold at London for twenty pence the Bushell ; which was counted a great dearth . In his tenth yeer , Wheate was sold at London for six pence the Bushell , Bay-salt for three pence halfe penny , Nantwich●salt ●salt for sixpence , white Herrings nine shillings the Barrell , red Herrings three shillings the Cade , red Sprats six pence the Cade , and Gascoigne wines for six pounds the T●● . In his fifteenth yeer , Gascoigne wine was sold at London for forty shillings the Tunne , a Quarter of Wheate foure shillings , and Bay-salt foure pence the Bushell . The two and twentieth of August 1485. the very day that King Henry got the victory of King Richard ; a great fire was in Bread-street in London , in which was burnt the Parson of Saint Mildreds , and one other man in the Parsonage there . In his tenth yeer , in digging to lay a new foundation in the Church of Saint Mary Hill in London , the body of Alice Hackney , which had been buried in the Church a hundred seventy five yeeres before , was found whole of Skin , and the joynts of her Armes pliable ; which Corpes was kept above ground foure dayes without annoyance , and then againe buried . In his twelveth yeere , on Bartholomew day , at the Towne of Saint Ne●des in Bedfordshire , there fell Hayle-stones that were measured eighteene Inches about . In his thirteenth yeer , on the one and twentieth of December ; suddenly in the night brake out a fire in the Kings lodgings , being then at his Manour of Shee● ; by violence whereof , a great part of the old building was burnt , with hangings , beds , Apparell , Plate and m●ny Jewells . In his fifteenth yeer , the Town of Babra● in Norfolke was burnt : Also this yeer , a great Plague happened ; whereof many people died in many places , but specially in London , where there died in that yeer thirty thousand . In his twentieth yeer , Alum which for many yeers had been sold for six shillings a hundred , rose to five nobles a hundred , and after to foure marks . In his two and twentieth yeer , the Citty of Norwich was well neere consumed with fire . Also in the same yeer in Iuly , a gallery new builded at Richmond , wherein the King and the Prince his Sonne had walked not an houre before , fell suddenly downe , yet no man hurt . The great Tempest which drave king Philip into England , blew down the Golden Eagle from the Spire of Pauls ; and in the fall , it fell upon a signe of the Black-Eagle , which was in Pauls Church-yard , in the place where the School-house now standeth ; and battered it , and brake it downe . This the people interpreted to be an ominous Prognostick upon the Imperiall House , as indeed it proved ; for this king Philip being the Emperours sonne , arriving in Spaine , sickned soon after ; and being but thirty yeeres of age , deceased : upon whose decease , his wife Queen Iohn out of her tender love to him , fell distracted of her wits . Of his wife and children . HE maried Elizabeth eldest daughter of King Edward the Fourth , being of the age of nineteene yeeres ; whom two yeeres after his Mariage he caused to be Crowned : She lived his wife eighteen yeeres , and dyed in Child-bed in the Tower of London , the eleventh of February , the very day on which she was borne ; and is buried at Westminster , in the magnificent Chappell and rich Monument of Copper and Guilt , which her Husband had erected . He had issue by her , three Sonnes and foure Daughters : his eldest sonne Arthur was born at Winchester , the twentieth day of September in the second yeere of his Reigne ; and dyed at Ludlow , at fifteen yeeres old and a halfe : and of this short life some cause may be attributed to his Nativity , being borne in the eighth moneth after conception : He was buried in the Cathedrall Church of St. Maries in Worcester , where in the South side of the Quire he lies en●ombed in Touch or Jet , without any remembrance of him by Picture . His second sonne Henry was borne at Greenwich in ●ent , on the two and twentieth day of Iune , in the seventh yeere of his Fathers Reigne ; and succe●ded him in the kingdome . His third sonne Edmund was borne in the tenth yeere of his Fathers Reigne , and dyed at five yeares of age , at Bishops Hatfield , and lyes buried at St. Peters in Westminster . His eldest daughter Margaret was born the nine and twentieth day of November , the fifth yeer of her Fathers Reigne ; and at fourteen yeers of age was married to Iames the fourth King of Scotland ; unto whom she bare three Sons , Iames the fifth , Arthur and Alexander , and one Daughter , which three last dyed all of them young ; and after the death of her husband king Iames , ( slaine at Flodden field in 〈◊〉 against the English ) she was remarried to Archib●ld Dowgl●sse Earle of Augus , in the yeer 1514. to whom she bare Margaret , espoused to Mathew Earle of Lenox , Father of the Lord Henry , who died at the age of nine moneths , and lyeth interred in the upper end of the Chancell in the Parish Church of Stepney neer London : Her second Sonne was Henry Lord D●●nley , reputed for personage the goodliest Gentleman of Europe ; who married Mary Queen of Scotland , the Royall Parents of the most Royall Monarch Iames the first , King of great Britaine : Her third Sonne was Charles Earl of Lenox , Father to the Lady Arbella . King Henries second Daughter the Lady Eliz●beth was borne in the yeere 1492. at three yeers of age , died ; and was buried at Westminster : His third Daughter the Lady Mary , had been promised to Charles King of Castile ; but was married to Lewis the twelveth , King of France ; who dying three moneths after , she was then married to Charles Brandon Duke of Suffolke : His fourth Daughter , the Lady Katherine , was borne in the yeer 1503. in the eighteenth yeer of her Fathers Reigne , and dyed ●n Infant . Of his Personage and Conditions . HE was of Body leane and spare , yet of great strength ; of statu●e somewhat higher than the common sort , his Eyes gray , his Teeth single , his Haire thinne , of a faire complexion and pleasing countenance . Concerning his Conditions , ●e had in him the virtue of a Prince , and of a private man ; affable , yet reserved . We might say he was Politick ; if not rather , that he was Wise : for though he used 〈◊〉 of Cunning sometimes , yet solid Circumspection more . He loved not Warre , but in case of necessity ; alwayes Peace , but with conditions of Honour . Never ●●y Prince was lesse addicted to bodily pleasures of any kinde , than he . Three pleasures he had , but in three Cares ; One for Safety ; another for Honour ; and the third for Wealth : in all which hee attained his end . His great respect of the Church , was seen by his great imployment of Church-men ; for through the hands of Bishop Morton , Bishop Foxe , and his Chaplaine Vrswick , the greatest part of all his great negotiation passed . He was Frugall from his youth , not Covetous till ancient and sickly ; and therefore what defect he had in that kinde , must be attributed to age and weaknesse . This City of London was his Paradise , for what good fortune 〈◊〉 befell him , he thought he enjoyed it not , till he acquainted them with it . His Parliament was his Oracle ; for in all matters of importance he would aske their advice ; and he put his very Prerogative sometimes into their hands . He was no great lover of women ; yet all his great fortune both Precedent and Subsequent came by women : His own title to the Crown , was by a woman ; His Confirmation in the Crown , was by a woman ; His Transmission of the Crowne to his Posterity , was by a woman : The first by the Lady Margaret , descended from Ioh● of Gaunt ; the second by the Lady Elizabeth , eldest Daughter of King Edward the fourth ; the third by the Lady Margaret , eldest Daughter of himselfe King of England , and maried to Iames the Fourth , King of Scotland ; by meanes whereof , as he was the Prince that joyned the two Roses in one , so he was the Founder of joyning the two Kingdomes in one . And lastly , it may be said of him , as was said by one of August●● Caesar , — Hic ●ir hic est ti●i quem promitti saepius audis : for Cadwalloder last king of the Britaines , seven hundred yeeres before , had Prophesied of him ; and of later time , King He●ry the Sixth plainly fore-shewed him . Of his Death and Buriall . IN the two and twentieth yeer of his Reigne , he began to be troubled with the Goute ; but a Defluction also taking into his Breast , wasted his Lungs , so that thrice in a yeer , and specially in the Spring , he had great fits and labours of the Tissick , which brought him to his end , at his Palace of Richmond , on the two and twentieth day of April in the yeer of 1508. when he had lived two and fifty yeers , Reigned three and twenty and eight moneths : Being dead , and all things necessary for his Funerall prepared ; his Corps was brought out of his Privy Chamber , into the great Chamber , where it rested three dayes ; and every day , had there a Dirge and Masse sung by a Plelate , Mitred : and from thence it was conveyed into the Hall , wherein it remained also three dayes , and had a like service there ; and so three daies in the Chappell : Upon Wednesday the nineth of May , the Corps was put into a Chariot , and over the Corpes was a Picture of the late King , laid on Cushions of Gold ; and the Picture was apparelled in the Kings rich Robes , with a Crown on the head , and a Ball and Scepter in the hands : when the Chariot was thus ordered , the Kings Chappell and a great number of Prelates set forward , praying ; then followed all the kings Servants in Black ; then followed the Chariot , and after the Chariot nine Mourners , and on every side were carried Torches , to the number of six hundred , and in this order they came from Richmond to St. Georges field ; where there met with it all the Priests and Religious men within the City and without ; the Major and Aldermen , with many Commoners , all cloathed in Blacke , met with the Corpes at London-bridge ; and so the Chariot was brought throught the City to the Cathedrall of St. Paul , where the Body was taken out and carried into the Quire , and set under a goodly Hearse of Wax ; where after a solemne Masse , was made a Sermon by the Bishop of Rochester : The next day , the Corps in like manner was removed to Westminster ; Sir Edward Haword bearing the kings Banner . In Westminster was a curious Hearse full of lights , which were lighted at the comming of the Corps ; and then was the Corpes taken out of the Chariot by six Lords , and set under the Hearse , which was double railed : when the Mourners were set , Gart●r king at Armes , cryed , For the Soule of the Noble Prince king Henry the seventh , late king of this Realme : The next day were three Masses solemnly sung by Bishops , and after the Masses was offered the kings Banner and Courser , his Coat of Arms , his Sword , his Target and his Helm , and at the end of the Masse , the Mourners offered up rich Palls of Choath of Gold and Bodkin ; and when the Quire sang Liber● me , the Body was put into the Earth ; then the Lord Treasurer , Lord Steward , Lord Chamberlaine , the Treasurer and Comptroller of the kings houshold , brake their Staves and cast them into the Grave : Then Gartar cryed with a loud voice ; Vive le ●oy , Henry le ●●itiesme ; Roy d'Angleterre & de France , syre d' Irlande : and thus ended the Funerall . Of men of Note in his time . OF Men of Valour and Armes , they are to be seene in the History of this Kings Reigne . For men of letters in his time , of forreigners were Sancts Pagui●●s a great Hebrician ; Leonicenus , Gattinaria , Cabellus and Optatus Phisitians ; Augustinus Niphus , Iacobus Faber , Stapulensis and Pighius Philosophers ; Bembus● and the famous Clerke Rheudin , who restored againe the knowledge of the Hebrew Tongue . Of our own Country , there lived in his time , George Rippley a Carmelite Frier of Boston , who wrote divers Treatises in the Mathematicks ; and after his death was accounted a Necromancer . Iohn Erghom borne in Yorke , a Black-Frier , studious in Prophesies , as by the Title of the workes he wrote , may appeare . Thomas Mallorie a Welshman , who wrote of King Arthur , and of the round Table . Iohn Rouse borne in Warwickshire , a diligent searcher of Antiquities , and wrote divers Treatises of Historicall Argument . Thomas Scroope sirnamed Bradley , of the Noble family of the Scroopes , entred into divers orders of Religion , and after withdrew himselfe to his house , where for twenty yeeres he lived the life of an Anchorite ; and after , comming abroad againe , was made a Bishop in Ireland , and went to the Rhodes in Ambassage ; from whence being returned , he went bare-footed up and downe in N●rfolk , teaching the ten Commandements ; and lived till neere a hundred yeeres old . Iohn Ton●eys an Augustine Frier in Norwich , who wrote certaine Rules of Grammar , and other things printed by Richard Pinson . Robert Fabian a Sheriffe of London , and an Historiographer . Edmund Dudley , the same man whom king Henry used to take the forfeitures of Penall Statu●es ; who wrote a Booke intituled Arbor Re●-publicae . Iohn Bockingham an excellent Schoole-man : and William Blackeney a Carmelite Frier , a Doctor of Divinity , and a Necromancer . THE REIGNE OF KING HENRY THE EIGHT . KING Henry the seventh being deceased , his only sonne Prince Henry , Heire by his Father of the house of Lancaster , and by his Mother of the house of Yorke : by unquestionable right succeeded in the Crowne , at the Age of eighteene yeers , on the two and twentieth of Aprill , in the yeere 1509. who having been trained up in the study of good letters all his Fathers time● he Governed at first , as a man newly come from Contemplation to Action , as it were by the Booke● in so regular and fair a man●er , that as of Neroes Goverment , there was said to be Quinquennium Neronis ; so of this Kings , there might as justly be said , Decennium Henrici ; and perhaps double so long a time , comparable with so much time of any Kings Reigne , that had been before him . How he came to alter , and to alter to such a degree of change as he did , we shall then have a fit place to shew , when we come to the time of his alteration . King Henry having learned by Bookes , that the weight of a Kingdome is too heavy to lie upon one mans shoulders , if it be not supported by able Councellours ; made it his first care , to make choice of an able Councell ; to which he called VVilliam VVarham Archbishop of Canterbury , and Chancellour of England , Richard Fox Bishop of VVinchester , Thomas Howard Earle of Surry , and Treasurer of England , George Talbot Earle of Shrewsbury , and Lord Steward of his Houshold , Charles Summerset Lord Chamberlaine , Sir Lovell● Sir Henry VVyat , Doctor Thomas Ruthall , and Sir Edward Poynings ; by advise of these Councellours , his first Act after the care of his Fathers Funerall ; was the care to performe his Fathers Will , in marrying the Lady Katherine of Spaine , the Relict of his Brother Prince Arthur ; to which perhaps but in respect of filiall pierie , he had not the greatest devotion ; and for relinquishing whereof , he might ( no doubt ) more easily have obtained a Despensation from the Pope , then his Father had done , for getting it to be allowed : but obsequiousnesse to his Fathers desire , and respect to his Councels advice , so far prevailed with him , that he would not be Crowned , till that were performed , that one Coronation might serve them both : and so on the third day of Iune following , he married the said Lady , at the Bishop of Salisburies house in Fleetstreet ; where of many great solemnities , I will remember but this one ; that though the Bride were a Widdow , yet to shew she was a Virgin Widdow , she was attired all in white , and had the haire of her head hanging-downe behinde at the full length : and then ( having made in the Tower four and twenty Knights of the Bath ) two dayes after being Midsomer day , he was Crowned at Westminster , together with his Queene , by the hands of VVilliam VVarham Archbishop of Canterbury ; with all Circumstances of State , in such cases usuall ; and then all the Nobility Spirituall and Temporall , did him Homage ; and the people being asked whether they would receive him for their King , they all with one voice , cryed , yea , yea . This done , his next Act was another part of performing his fathers Will , which was to proclaime Pardons for all offences , ( Treason , Murder , and Felonie only excepted ) and to have restitution made of all goods unjustly taken from any ; and because the Instruments of such injustice , are alwayes most odious , and nothing gives the people so much contentment , as to see their Persecutours punished ; he therefore caused Empson and Dudley the two chiefe Actours of the late unjust proceedings , to be committed to the Tower , and divers of their inferiour Agents , called Promoters , as Canby , Page , Smith , Derby , Wright , Simpson , and Stockton , to be set on the Pillory in Cornhill , with papers on their heads , and then to ride through the City , with their faces to the horse tailes ; with the shame whereof within seven dayes after , they all died in Newgate . Shortly after a Parliament was called ; whereof Sir Thomas Ingleby was chosen Speaker ; and therein Empson and Dudley were attainted of High Treason , and after arraigned ; Edmund Dudley in the Guildhall , on the seventeenth of Iuly , and Sir Richard Empson at Northampton in October following , and on the seventeenth of August the yeere following , they were both of them beheaded on the Tower Hill ; and their Bodies and Heads buried , the one at the White Fryers , the other at the Black. On Midsomer Eave at night , King Henry came privily into VVestchester , cloathed in one of the Coats of his Guard , to behold the same : and this first yeer King Henry spent in Justs and Maskes , which were almost perpetuall , performed with great Magnificence alwayes ; and sometimes with great Acts of Valour , on the Kings part specially . In February the same yeer , Embassadours came from the Kings Father in law , the King of Aragon ; requiring Ayde against the Moores ; in which service , the Lord Thomas Darcy , a Knight of the Garter , making suite to be imployd ; he was sent thither , and with him the Lord Anthony Gray , brother to the Marquesse Dorset , Henry Guilford , Wolstan Browne , and William Sidney Esquires of the Kings House , Sir Constable● Sir Roger Hastings , Sir Ralph Elderton and others ; who on the Mund●y in the Rogation Weeke , departed out of Plimot● Haven , with four ships Royall , and on the first of Iune , arrived at the Port of Cadis in south Spaine ; of whose comming the King of Aragon hearing● sent to bid them welcome , but advertising them withall , that he had now by reason of new troubles with France , taken truce with the Moores ; and therefore they might returne againe into their owne Country , to whom yet he allowed wages for all his souldiers . W●ereupon the Lord Darcy and all his men went aboord their ships , but Henry Guilford , Wol●tan Br●wne , and William Sidney , desirous to see the Court of Spaine , went thither and were honourably entertained . Henry Guilford , and Wolstan Browne were made Knights by the King ; who gave to Sir Henry Guil●ord a Canton of Granado ; and to Sir Wolstan Browne an Eagle of Sicily on a Chiefe , to the augmentation of their Armes : William Sidney so excused himselfe , that he was not made Knight . After this they returned to their ships , and their ships into England . During the time that the Lord Darcy was in Spain , the Lady Margaret Dutchesse of Sa●oy , Daughter unto Maximilian the Emperour ; and Governesse of Flande●s and other the Low-countryes , pertaining to Charles the young Prince of Ca●tile , sent to King Henry for fifteen hundred Archers , to aid her against the Duke of Gelders , which the King granted ; and thereupon Sir Edward Poynings Knight of the Garter , and Comptroller of the Kings House appointed to goe , accompani●d with his sonne in law the Lord Clinton , Sir Matthew Browne , Sir Iohn Dig●y , Iohn Werton , Richard Wetherill , and others , to the number of fifteen hundred , took shipping at Sandwich , and passing over to the said Lady Regent , did her there great service ; for which Iohn Norton , Iohn Fogge , Iohn Scott , and Thomas Lynde were knighted ; and then with many thanks and rewards , returned , not having lost in all the Journey , by warre or sicknesse , above an hundred men . In the third yeer of King Henryes Reigne , one Andrew Barton a scottish Pirate , was grown so bold , that he robbed English-men no lesse then other Nations● till the King sent his Admirall , Sir Edward Howard to represse him , who in a fight , so wounded the said Barton , that he died ; and then taking two of his ships , brought the men prisoners to London ; and though their offence deserved no lesse then death , yet the King was so mecifull as to pardon them all ; provided , they departed the Realme within twenty dayes . The King of Scotts hearing the death of Barton , and taking of his ships ; sent to King Henry , requiring restitution ; but King Henry answered his Herauld , that he rather looked for thanks for sparing their lives , who so justly had deserved death . In the third yeer also of King Henryes Reigne , the French King made sharpe Warre against Pope Iulius the second ; whereupon King Henry wrote to the French King , requiring him to desist from his Warre against the Pope being his friend and confederate ; but when the King of France little regarded his request , he then sent him word , to deliver him his Inheritance of the Dutchy of Normandie and Guyen , and the Countryes of Angiou and Mayne ; as also his Crown of France , or else he would recover it by the sword . But when the King of France was not moved with this threatning neither ; King Henry then joyning in league with the Emperour Maximilian , with Ferdinand King of Spaine , and with divers other Princes ; resolved by advise of his Councell to make warre on the King of France , and to that end made preparation both by Sea and Land. This yeer the King kept his Christmas at Greenwich in a most Magnificent manner . On New-yeers day was presented one of his Joviall Devises , which onely for a Patterne what his showes at other times were , I thinke fit to set downe at large . In the Hall was made a Castle , garnished with Artillery and weapons in a most warlike fashion , and on the Front of the Castle was written , la Forteresse Dangerense : within the Castle were six Ladies , clothed in russet Sattin , laid all over with leaves of gold : On their heads Coyfes and Caps of gold . After this Castle had been carried about the Hall , and the Queen had beheld it ; in came the King with five other , apparelled in Coates , one halfe of russet-Satten , with spangles of fi●e gold ; the other halfe of rich cloath of gold : on their heads Caps of russet Sattin , embrodered with works of fine gold . These six assaulted the Castle , whom the Ladies seeing so lusty and couragious , they were contented to solace with them ; and upon further communication , to yeeld the Castle ; and so they came downe , and daunced a long space : after that the Ladyes led the Knights into the Castle , and then the Castle suddenly vanished out of their sights . On Twelfth day at night , the King with eleven more were disguised , after the maner of Italie , called a Maske ; a thing not seen before in England . They were apparelled in garments long and broad , wrought all with gold , with Vysors and Caps of gold . And after the banket done , these Maskers came in , with six Gentlemen disguised in silke , bearing staffe Torches ; and desired the Ladyes to dance , and after they had danced and communed together ; tooke their leave and departed . The five and twentieth of Ianuary began the Parliament , of which was speaker Sir Robert Sheffield knight , where the Archbishop of Canterbury shewed the wrong which the King of France did to the King of England , in with-holding his Inheritance from him ; and thereupon the Parliament concluded that Warre should be made on the French King and his Dominions . At this time King Ferdinand of Spaine , having Warre with the French King , wrote to his Sonne in law King Henry , that if he would send over an Army into Biskey , and invade France on that side ; he would aid them with Ordnance , Horses , and all other things necessary ; whereupon Thom●s Gray , Marquesse Dorset was appointed to go , and with him the Lord Howard Sonne and hei●e to the Earle of S●rry , the Lord Brooke , the Lord Willoughby , the Lord Ferrers , the Lords Iohn , Anthony , and Leonard Grey , all brothers , to the Marquesse ; Sir Grisseth ap Ryce , Sir Maurice Barkeley , Sir William Sands , the Baron of B●r●ord , and Sir Richard Cornwall his brother , William Hussey , Iohn Melton , William Kingst●n Esquires , and Sir Henry Willoughby , with divers others , to the number of ten thousand , who taking ship at Southampton , o● the sixteenth of Ma●● the third of Iune they landed on the coast of Biskey , whither within three dayes after their arrivall , came from the King a Marquesse and an Earle to welcome them ; but of such necessaries as were promised , there came ●one ; so as the English being in some want of victualls , the King of Navarre offered to supply them , which they accepted ; and promised thereupon not to molest his Territories . After the Army had lyen thirty dayes , looking for aid and provision from the King of Spaine , at last a Bishop came from the King , desiring the● to have patience a while , and very shortly he would give them full contentme●t . In the mean time , the Englishmen forced to feed much upon Garlick , and 〈◊〉 drink of ho●t Wines ; fell into such sicknesse , that many of them dyed , at least eighteen hundred persons ; which the Lord Marquesse seeing , he sent to the King to know his pleasure , who sent him answer , that very shortly the Duke of Alv● should come with a great power , and joyne with him ; and indeed the Duke of Alva came forward with a great Army , as if he meant to joyne with him as was promised ; but being come within a dayes Journey , he suddenly turned towards the Realme of Navarre ; and entring the same , chased out the King , and Conquered the Kingdom to the King of Spaines use . This Spanish policie pleased not the English , who finding nothing but words from the King of Spain , and being weary of lying so long idle ; they fell upon some small Townes in the border of Guyen , but for want of Horses as well for service as draught ; were unable to performe any great matter ; at which time , being now October , the Lord Marques fell sick , and the Lord Howard supplied his place of General , to whom the King of Spaine once again sent , excusing his present coming , and requiring him , seeing the time of yeer was now past , that he would be pleased to break up his Army , and disperse his Companies into Townes thereabou● , till the nex● spring , when he would not faile to make good all his promises : Hereupon the Lord Howard and his Company went to Rendre , the Lord Willoughby to Gorscha●g , and Sir William Sands with many other Captaines to Fontarely . King Henry in the meane time , hearing what the King of Spaines intention was ; sen● his Herauld Windsor with Letters to the Army , willing them to tarry there●for that very shortly he meant to send them a new supply of Forces , under the conduct of the Lord Herbert his Chamberlaine ; but this message so incense● the Souldiers , that in a great fury they had slaine the Lord Howard if he had ●o● yeelded presently to returne home ; who thereupon was forced to hire shippe●● and in the beginning of December they landed in England ; being taught ●●y this experience what trust is to be given to Spanish promises . About the same time that the Marquesse went into Spaine , Sir Edward H●●ard Lord Admirall of England , with twenty great ships made forth toward● Br●ttaine ; where setting his men on land , he burned and wasted divers Town● and Villages , and being threatned by the Lords of Brittaine to be encountred , to encourage his Gentlemen , he made divers of them Knights ; as Sir Edwa●● Brook brother to the L. Cobham , Sir Grif●eth Downe , Sir Thomas Windham , Sir Thomas Lucy , Sir Iohn Burdet , Sir William Pirton , Sir Henry Sherburne , and Sir Stephen Bull. The Brittains were tenne thousand , the English but five and twenty hundred ; yet the Brittaines not contented with this advantage of number , would ne●ds use policy besides , for by the advice of an old experienced Captaine , their Generall commanded his men that a●soone as Battels were joyned● they should retire a little , meaning thereby to draw the English into some disadvantage ; but the common Souldiers not knowing their Generalls purpose , and supposing he had seen some present danger , instead of retyring tooke their heeles and fled ; so giving the English by their Brittish policy , if not a Victory , at least a safety to returne to their ships . After which the Brittaines sued for truce , and could not obtaine it ; for the English Admirall pursued his forraging the Countrey , till fearing there were many French ships abroad at Sea , he came and lay before the Isle of Wight . King Henry in the meane time followed his pleasures ; and in Iune kept a solemne Just at Greenwich , where he and Sir Charles Brandon took up all cummers ; and the King shewed himselfe no lesse a King at Arms , then in Estate . After this , King Henry having prepared men and ships ready to go to Sea ; under the Governance of Sir Anthony Out●read , Sir Edmund Ichingham , William Sidney and divers other Gentlemen ; appointed them take the sea , and to come before the Isle of Wight , there to joyne with the Admirall ; which altogether made a Fleet of five and twenty faire ships : and to Portesmouth he we●t himselfe to see them , where he appointed Captaines ; for one of his chiefest ships called the Regent , Sir Thomas Knevet master of his horse , and Sir Iohn Carew of Devonshire , and to another principall ship called the Soveraigne , he appointed for Captaines Sir Charles Brandon , and Sir Henry Guildford ; and then making them a banke● , sent them going . The French King likewise had prepared a Navy of nine & thirty ships in the Haven of Brest , whereof the chief was a great Carrick , called the Cordelyer , pertaining to the Queen his wife . These two Fleets met at the Bay of Brittaine , and there entred a tirrible fight ; The Lord Admirall made with the great ship of Deepe , and chased her ; Sir Charles Brandon and Sir Henry Guildford being in the Soveraigne , made with the great Carrick of Brest , and laid stemme to stemme to her but whether by negligence of the Master , or by reason of the smoake from the Ordnance , the Soveraigne was cast at the ster●e of the Carrick ; whereat the Frenchmen shoured for joy ; which Sir Thomas Knevet seeing , suddenly he caused the Regent in which he was , to make to the Carrick , and to grapple with her a long boord ; and when they of the Carrick perceived they could not get a sunder , they let slippe an Anchor , and so with the streame the ships turned , and the Carrick was on the Weather side , and the Regent on the Lee side ; at which time a cruell fight passed between these two ships : but in conclusion the Englishmen entred the Carrick , which when a Gunner saw , he desperately set fire on the Gunpowder ( as some say ) though others affirmed , that Sir Anthonie Outhread following the Regent at the sterne , bowged her in divers places , and set her powder on fire ; but howsoever it chanced , the Carrick and the Regent both were consumed by fire . In the Carrick was Sir Piers Morgan , and with him nine hundred men : in the Regent were Sir Thomas Knevett , and Sir Iohn Carew , and with them seven hundred men , all drowned and burnt . King Henry to repaire the losse of the Regent , caused a great ship to be made , such a one as had never been seen in England ; and named it Henry Grace de Dieu . Though King Henry had hitherto followed his pleasures , as well agreeing with his youth and constitution ; yet he neglected not in the meane time severer studies ; for he frequented daily his Councell Table , and no matter of importance was resolved on , till he had heard it first maturely discussed : as was now a War wi●h France , which he would not enter into upon his owne head , nor yet upon advise of his private Councell , till he had it d●b●ted and concluded in Parliament ; whereupon he called his High Court of Parliament , wherein it was resolved ; that himselfe in person with a Royall Army , should invade France ; and towards the charges thereof , an extraordinary Subsidy was willingly granted . On May even this yeer , Edmund de la Poole , Earle of Suffolke , was beheaded on the Tower Hill : This was that Earle of Suffolke whom King Phillip Duke of Austria , had delivered up into the hands of King Henry the seventh , upon his promise that he would not put him to death ; which indeed he performed , but his sonne King Henry the eight was not bound by that promise , and by him he was ; and shortly after , to bring another Lord in his place , Sir Charles Brandon was created Viscount Lisle . For all the great preparation for France , King Henry forbore not his course of Revelling , but kept his Christmas at Greenwich , with divers cu●ious devises , in most magnificent manner . In March following , the Kings Navy Royall , to the number of two and forty ships was set forth , under the conduct of Sir Edward Howard Lord Admirall , accompanied with Sir Walter Deveraux Lord Ferrers , Sir Wolston Browne , Sir Edward Ichingham , Sir Anthony Poynings , Sir Iohn Walloppe , Sir Thomas Windham , Sir Stephen Bull , William Fits Williams , Arthur Plantagenet , William Sidney esquires ; and divers other Gentlemen , who sayling to Brittane , came into Bertram Bay , and there lay at Anchor in sight of the French Navie , wherof one Prior Iohn was Admirall , who keeping himselfe close in the Haven of Brest ; the English Admirall intended to assaile him in the Haven , but because his ships were to great to enter the Bay ; he caused certaine Boa●es to be manned forth , thinking thereby to toule out the French ; but when this neither would draw them to come abroad , he then called a Councell , where it was determined , that first they should assayle Prior Iohn and his Gallies , lying in Blankesable Bay , and after set upon the rest of the French Flee●e in the Haven of Brest ; and it was further appointed , that the Lord Ferrers , Sir Stephen Bull , and others should go on land , with a convenient number , to assault the Bulworkes , which the French had there made ; while the Admi●all with Row B●rges and little Gallies entred into the Bay , that so the Frenchmen might at once be assailed both by sea and land . But though this were determined by the Councell of Warre ●et , the Lord Admirall had a trick by himselfe , for by the advise of a Spanish Knight called Sir Alphonso Charunt , affirming that he might enter the Bay with little danger ; he called to him William Fi●s-VVilliams , VVilliam Cooke , Iohn Colley , and Sir VVolston Browne , as his most trusty friends , making them privy to his intent , which was to take on him the whole enterprize with their assistance only ; and so confident he was of successe , that he wrote to the King to come thither in person , to have the honour of the enterprize himselfe ; but it seemes the King had better Fates , at least went not ; and thereupon , on Saint Marks day the Admirall put himselfe in a small row B●rge ; and appointing three other small row Ships , and his own Ship-boat to attend him : and therewith on a sudden rowed into the Ba● , where Pryor Iohn had moored up his Gallies just to the ground ; which Gallies with the Bulworks on the land shot most cruelly ; yet the Admirall went on , and comming to the Gallies , drove out the French-men . The Bay was shallow , and the other ships by reason the Tide was spent , could not enter ; which the French-men perceiving , they entred the Gallies againe with Morris Pikes , and began a new fight ; whereupon the Admirall attempting to returne back into his row B●rge ; which by violence of the Tide , was driven downe the streame ; with a Pike was throwne over boord , and drowned ; the just issue of his head-strong enterprize ; the forenamed Alphonso was also there slaine : upon which sorrowfull accident , the Lord Ferrers with the rest , returned into England . After whose departure , Pryor Iohn came forth with his Gallies ; and coasting over the borders of Sussex , burnt certaine poore Cottages● but the King made suddenly a new Admirall , the Lord Thomas Howard , eldest Brother to him that was drowned ; sonne and heire of the Earle of Surrey : who so skowrd the seas , that the French were no more to be seen on any coast of England . King Henry had hitherto performed Acts of Armes , though in Jest , yet with great magnificence ; he will not performe them with lesse , being now in earnest and especially to deale with so potent aa adversary : and therefore when it was concluded by Parliament , that he should make a Warre in France himselfe in p●rson ; he sent before to prepare the way for him , George Talbot , Earle of Sh●ewsbury , high Steward of his Houshold ; accompanied with the Lord Thomas Stanley Earle of Derby , the Lord Dowckeroy Pryor of Saint Iohns , Sir Robert Ratcliffe , Lord Fitswater , the Lord Hastings , the Lord Cobham , Sir Riceap Thomas , Sir Thomas Blunt , Sir Richad Sacheverell , Sir Iohn Digby , Sir Iohn Askew , Sir Lewis Bagot , Sir Thomas Cornwall and others , to the number of eight thousand ; who arrived at Callice about the middle of May ; after him in the end of May , followed Sir Charles Somerset , Lord Herbert , Lord Chamberline , accompanied with the Lord Percy Earle of Northumberland , the Lord Gray Earle of Kent , the Lord Stafford Earle of Wiltshire , the Lord Dudley , the Lord Delaware , Sir Edward Hussey , Sir Edward Dimmock , Sir David Owen , with others , to the number of six thousand : These Generalls joyning together , issued out of Callice , and on the two and twentieth day of Iune , sate downe before the strong Towne of Terwin , which City was strongly fortified ; and in it was Governour the Lord Poultreny , who had with him six hundred Horsemen , and five and twenty hundred Almans , besides the Inhabitants . Here at the very first happened two disasters to the English ; one , that the Baron Carew was slaine with a shot from the Towne ; the other , that Sir Nicholas Va●x , and Sir Edward Belknappe coming from Guys●es with four and twenty Carts of Provision , were set upon by the Duke of Vendosme , Lieutenant of Picardie , and many of the English slaine , and the Provision taken . In this state was the English Campe at Terwin ; when King Henry the last day of Iune came himselfe to Callice , and on the one and twentieth of Iuly took the field , having in his Army of fighting men , not above nine thousand , but with Pyoners , and others that attended the Cariages , eleven thousand and three hundred men : His foreward was led by Charles Brandon Viscount Lisle , his maine Battaile by himselfe , and Sir Henry Guildford carried his Standard ; and in this order he marched forward to the siege of Terwin , entring upon the French ground , the five and twentieth of Iuly . On the morrow after , by negligence of the Carters , that mistook the way , a great Gunne called the Iohn Evangelist , was overthrowne in a deep Pond of water , aud could not at that time be recovered ; but a few dayes after , the Master Carpenter taking with him a hundred labourers , went and weyed it up ; but having carted it ready to bring away , was set upon by eight hundred French ; and the most of his company slaine : the Gunne was taken by the French , and carried to Bulloyne . In the French Army were to the number of eleaven thousand footmen , and four thousand Horse ; whereof were Captaines , the Lord De la Palyce , the Lord De Priennes , the Duke De Longuevyle , the Earle of Saint Paul , the Lord of Floringes , the Lord of Clermont , and Richard De la Poole an English man , sonne to Iohn Duke of Suffolke . The Armies were come within two miles one of another , and some light skirmishes passed between them , specially one ; on a day called the dry Wednesday , for the day was wonderfull hot , and the King with his Army stood in order of battaile , from six a clock in the morning , till three in the afternoone : after this , the King removed towards Terwyn ; and as the Army marched , another of the Kings Bombards of Iron , called the Redde Gunne , was overthrowne in a lane , and there left ; which the French understanding , went with a great power to fetch it away , as they had done the other ; but the Lord Berners , Captaine of the English Pyoners , prevented them ; and though set upon by the French , to the number of nine or ten thousand , yet by the valour of the Earle of Essex , and Sir Riceap Thomas , with the bold adventures of Sir William Tyler , and Sir Iohn Sharpe , they recovered it and brought it safe to the Campe. On the fourth of August K. Henry came before the city of Terwyn , where he strongly fortified his Tents with Ord●ance , and other Warlike defences . In which meane time , the Captaine of Bulloigne , knowing that many of the Garison of Callice were gone with the King , thought to take advantage of ●heir absence , and do some great exploit upon Callice ; and therupon with a thousand men , came to New●ha● Bridge , and killing the watchmen , tooke it ; but afterward some of his company going to fetch Booties , and coming so neere the walls of Callice , that they were descried ; about sixscore Coopers and other Artificers issued forth , and driving them back , recovered againe Newnham Bridge , and took divers of them prisoners ; especially when the gate of Callice , called Bulloign gate was opened , & that Colepepper the under Marshal , with two hundred Archers issued forth , and joyned with them . The French prisoners were brought to Callice , and there sold in open Market ; amongst others , a Cooper of the Town of Callice , bought a prisoner that dwelt in Bulloigne , and had of the prisoner for his ra●some , a hundred Crowns ; when the mony was paid , the French man prayed the Cooper to see him safe delivered , and to conduct him out of danger ; the Cooper was content , and went himselfe alone with the French man , till he came beyond the Cawsey , and there would have departed ; but the French man perceiving that the Cooper was aged , and that no rescue was nigh● by force tooke the Cooper prisoner , ●●d caried him to Bulloigne ; making him pay two hundred Crownes , before h● was delivered . Whilst King Henry lay thus at the siege of Terwyn , on the eleventh of Au●●●● , the Emperour Maximilian was come to Ayre ; which King Henry understanding , went and met him between Ayre and the Campe ; where with great complements they saluted each other ; but their complements were broken off , by ●●e extreame foule weather which happened that day : the morrow after , the Emperour Maximilian came from Ayre to the Kings Campe , wearing a Crosse of Saint George , as the Kings Souldier , and receiving wages of him for service ; an honour never done to any King of England before ; and yet was no disparagement to the Emperour , for he was royally received , and lodged in a Tent of cloath of gold ; that as no Emperour before , had ever been souldier to a King ; so no souldier before was ever lodged in such a Tent. At this time the City of Terwyn , being in some distresse for want of victualls ; the French King appointed all his horsemen to the number of eight thousand , to see victualls by any means convoyed into it ; the charge of which Convoy was committed to Monsieur De Priennes : but King Henry by advise of the Emperour Maximilian , had made Bridges to passe his men over the river , to the other side of the Towne , where was easiest accesse ; in such sort , that when the French Convoy came with their victualls , and thought to have entred the Towne , they found the English Army there ready to resist them ; whereupon a fierce battell was fought between them : but in conclusion the French were put to flight , and fled so fast , that from thence it was called the battell of Spurres , for that they used more their spurres in running away , then theit Launces in fighting . In this battell , the Duke of Longuevyle , the Lord of Clermont , Captaine Bayard , and others to the number of twelve score were taken prisoners , and all brought to the Kings presence ; with six Standards that were likewise taken . After the battell , the King made Sir Iohn Pechye Banneret , and Iohn Carre Knight , who had both of them done great service in this encounter . King Henry having obtained this victory against the French horsemen , and hindred the Towne of Terwyn from reliefe of victualls , and withall plying his battery more fiercely then before ; made the Townsmen soone fall to desire composition , and upon condition that the souldiers might depart with Horse and Armour , they yeelded up the Towne into the Kings hands . This was done on the eighteenth of August , and the Earle of Shrewsbury entred the Towne the same night ; and set up the Banner of Saint George in the highest place of it , in signe of victory , and swore all the Townsmen to be true subjects to the King of England . The four and twen●eth of August , the King himselfe entred the Towne , and dined in the Bishops Palace , where it was resolved , that the Walls and Fortifications of Terwyn should be raced , and the Towne burnt all but the Cathedrall Church and the Pallace , all the Ordnance was sent to Ayre , to be kept there to the Kings use . After this it was concluded , that the King should lay siege to the City of Tourney ; whereupon he set forward in three battells , the Eeale of Shrewsbury led the Vangard ; the King and the Emperour , the Battaile ; and the Lord Chamberlaine the Re●eward . In this order the Kings Army marched forwards towards Tourney ; by the way , he went and visited the yong Prince of Castile , and the Lady Margaret , Governesse of the Prince , in the Towne of Lisle , where with all Mag●ificence ; or rather indeed Reverence , he was entertained ; and after he had staied there three dayes , he took his leave , and being gone a mile and somewhat more out of the towne , he asked where his Campe lay , and no man there could tell the way , and guide they had none ; the night was so darke and mystie , by chance at last they met with a victualler comming from the Camp , who was their guide and conducted them to it . By which we may see , to what distresse a great Prince may be brought by a little over-sight . On the one and twentieth day of September , the King removed his Campe towards Tourney ; and being come within three miles of the towne , he sent Garter king of Armes to summon the towne ; but they , though they had but few men of warre amongst them , yet stood upon their guard ; whereupon the King begin it on all sides , and made such firce batteries upon it , that though it were written on the gates of the towne , graven in stone , Iamais tu ne as perdu ton Pucellege ; thou hast never lost thy Maidenhead ; yet now they were glad to loose it : and in conclusion , they sent a trumpet to require a Parley , and then sued for mercy , and yeelded it up , and paid ten thousand pounds sterling besides , for redemption of their liberties : and then Master Thomas VVoolsey the Kings Almoner , calling before him all the Citizens yong and old , swore them to the King of England ; the number of whom was fourescore thousand . This done , the King entred into Tourney , and calling into his presence Edward Guildford , VVilliam Fitzwilliams , Iohn Dansie , VVilliam Tyler , Iohn Sharpe , VVilliam Hussey , Iohn Savage , Christopher Garnysh , and some other valiant Gentlemen ; he gave to them the order of knighthood ; and then remembring the great entertainment the Prince of Castile and the Lady Margaret had given him at Lisle , he would not be behinde them in such courtesie ; and thereupon in●ited them solemnly to his citie of Tourney , whom at their coming he brought into the towne in great triumph : during their abode in Tourney , amongst other compliments of entertainment , there was had a Justs , where the King and the Lord Lisle answered all comers : after the Justs , was a sumptuous Banquet ; after the Banquet , the Ladies danced , and then came in the King , and eleven other in a Maske , all richly apparelled with Bonnets of gold : and when the● had passed the time at their pleasures , the garments of the Maskers were cast off ; amongst the Ladies take them that could . This was King Henries disposition , that he could not forbear Revelling in the midst of his Armes ; and Ladies must be entertained as well as souldiers . After this , finding the French not willing to come to a Battaile , and the winter drawing on , he left Sir Edward Poynings Governour of Tourney , and then returned to Callice , and from thence passed into England , and rode in post to Richmond to the Queene . Whilst King Herry was thus busied in his warre with France , the King of Scots , though his Brother in law , yet instigated by the French King , and taking advantage of King Henries absence , assembled his people to Invade England ; but before his whole power could come together , the Lord Humes his Chamberlin , with seven or eight thousand men entred the borders ; but as he was returning with a great booty of Cattle , in a field overgrowne with Broome , called Milfield , he was encountred by Sir Edward Bulmer , having with him not above a thousand men ; who lying in that field in ambush , broke out upon him , and put him to flight , with the slaughter of five or six hundred of his company , and foure hundred taken prisoners , the Lord Humes himselfe escaped by ●light , but his Banner was taken ; and this , by the Scots was called , the ill Rode. In the meane time the whole power of Scotland was assembled , no fewer then one hundred thousand men ; though Buchanan in favour of his Countrey , ●aith , not the fifth part of that number ; and with these , King Iames approaching the borders , and coming to Norham Castle , laid siedge unto it , which for want of Powder , was soone delivered up unto him . But by this time the Earle of Surrey , Lievtenant of the North parts , had assembled an Army of six and twenty thousand men ; to whom also soone after , his Sonne the Lord Admirall , with one thousand expert souldiers came and joyned● and now having many great Lords and Knights in his Army , he appointed to every one their station ; and then was informed , that King Iames being removed six miles from Norha● , lay embattelling upon a great Mountain called Floddon , where it was impossible to come neere him , but with great disadvantage ; for at the foot of the hill , o● the left hand , was a great ma●ish ground full of reeds and water , on the right hand was a river called Till , so swift any deepe that it was not possible ; on the back-side were such craggie rocks and thick woods , that there was no assayling him on that part ; the forepart of his Campe he had fenced with his great Ordnance . Being in such a hold , the Earle of Surry found there was no possibility of a Battaile , unlesse he could draw him from the hil ; wherupon he called a coun●ell , by which it was determined to s●nd Roug-Cross● Pu●suivant at Armes with a trumpet , to the K. of Scots , to let him know , that he was ready on Friday following to give him Battaile , if he would abide it ; wherunto the King of Scots by his Pursuivant Ilay , made answer , that at the day prefixed he should finde him ready for Battail as he desired , that he would willingly have come to such a ma●ch if he had bin at Edenburgh ; but though he made this answer , yet he would not leave the strong Hold he was in , but kept himselfe still upon the Hill ; at last , Thomas Lord Howard , sonne and hei●e to the Earle of Surrey , having viewed the Countrey round about , declared to his Father , that if he would but fetch a smal compasse , and come with his Army on the back of his Enemies , he should enforce the Scottish King to come down out of his strength , or else stop him from receiving of victuals o● any other thing out of Scotland . This councell of the Lord Howard his Father followed , and King Iames perceiving what their meaning was , thought it stood not with his honour to be forestalled out of his owne Realme , and thereupon immediately raised his Camp , and got to another Hill , but not so steepe as the other ; which the Earle of Surrey perceiving , he determined to mou●t it , and to fight with the Scots , before they should have leisure to fortifie their Campe ; and herewith making a short Speech , for encouragement of his Souldiers , he divided his Army into Battailes ; the Van●guard was led by the Lord Howard , to whom was joyned as a Wing , Sir Edward Howard ; the middle-ward was led by the Earl himself , and the Rear-ward by Sir Edward Stanley ; the Lord Dacres with a number of horsmen was set apart by himselfe , to succor where need should be ; the Ordnance was placed in the Front , and in other places , as was thought most convenient : and in this order they March forward , towerds the Scots . On the other side , King Iames reckoning upon the benefit of the Hill , thought the English half mad , to venture a Battaile upon such disadvantage ; and thereupon making a Speech to encourage his Souldiers , who were of themselves so forward , that they needed no encouraging . Hee divided his Battailes in this manner ; the maine Battaile he led himself , to which he appointed two Wings ; the right led by the Earls of Huntley , Cr●wford and Mountrosse ; the left by the Earls of Lenox and Argyle , together with the Lord H●mes Lord Camberlain : and so confident they were of victory , that the King first , and after all the Lords and meane● me● , put away their Horses , as thinking they should not need them ; which confidence was afterward their undoing ; for when the Battaile being joyned , Sir Edward Howard in getting up the Hill , was so assaulted by the Earles of Lenox and Argyle , that he was left almost alone , and in manifest perill to be slaine ; in comes the Lord Dacres with his Horsmen , and trode under foot the Scottish Battaile of speeres on foot , which he could not have done , if they had kept their Horses . And this part of the Scottish A●my being led by the Earles of Crawford and Mountrosse , they were both of them slaine , and the whole Battaile but to flight . In another part also Sir Edward Stanley did the like , upon the Battaile led by the Earles of Lenox and Argyle , putting it to flight , with the slaughter also of these two Earles . King Iames notwithstanding , maintained the fight still , with great resolution , till Sir Adam Forman his Standard-bearer was beaten downe ; and then not fainting , though despairing of successe , he rushed into the thickest of his Enemies , amongst whom he was beaten downe and slaine ; and to make his death the more honourable , there dyed with him three Bishops ( whereof one was Alexander , Archbishop of Saint Andrewes , the Kings base Sonne ) two Abbots , twelve Earles , and seventeene Lords , of Knights and Gentlemen very many , in all about eight thousand , and almost as many taken prisoners ( as Paulu● Iovius saith ) amongst whom was Sir William Scot , Chancellour to the said King , and Sir George Forman his Sergiant Porter ; the Lord Hume and the Earle Huntley got horses and escaped . Neither was the Battaile without blood to the English , for there was slaine at lest a thousand , and ( that which in a Defeat was strange ) many also taken prisoners ; for many in pursuing the Scots , went rashly so farre● that they knew not which way ●o returne , and by Bands of Scots that had not fought that day , were set upon and ●aken . When the field was done , the Lord Generall called to him certaine Lords and Gentlemen , and made them Knights , as Sir Edward Howard his Son , the Lord Scroope , Sir William Percy , Sir Edward Gorge , and others . This Battaile was fought on Friday the ninth of September , in the yeere 1513. called by some Bramston , by some , ●lodden Field . King Iames heere slaine was the same that had maried the Lady Margaret eldest Daughter of King Henry the seaventh ; and sister to the present King Henry ; and might have enjoyed many happy dayes , if he had kept himselfe firme to his alliance , but being carried away with the inveterate spleen betweene the two Nations , and propension to France ; he ended his life , though honorably , yet miserably under many wounds . It is a very memorable , but s●arce credable thing ; which , ( from the mouth of a very credible person who saw it ) George Buchanan relates concerning this King ; that intending to make a warre with England ; a certaine old man of venerable aspect , and clad in a long blew garment , came unto him , and leaning familiarly upon the chaire where the King sat , said , I am sent unto thee O King , to give thee warning , that thou proceed not in the warre thou art about ; for if thou doe , it will be thy ruine : and having so said , he pressed thorow the company , and vanished out of sight ; for by no inquiry it could be knowne what became of him . But the King was too resolute to be frighted with Phantosmes , and no warning could divert his Destinie , which had not been Destiny if it could have been diverted . The day after the Battaile , his Body , though disfigured with wounds , was knowne by the Lord Dacres and others , to be his ; and thereupon bowelled , embalmed and wrapped in lead , was brought to the Monastery of Sheene in Surrey , and there interred ; but at the dissolution of that House , was taken up and thrown into a waste roome amongst timber and stone ; which Iohn Stow saith , he so saw ; and further relateth , that the servants of Launcelot Young , Glasier to Queene Elizabeth being at Sheene , in new Glazing the windowes , either upon a foolish pleasure , or desire of the lead , cut the head from the rest ; but smelling the sweet perfums of the Balms , gave it to their Master ; who opening the lead , found therin the head of a man , retaining favour , though the moisture were cleane dried up , whose haire both of head and beard was red : which afterward , he caused to be buried , at Saint Michaels Church in Woodstreet , where he dwelled . But notwithstanding this relation of Stow ; Iohn Lesly Bishop of Rosse affirmeth , that it was held for certaine , the Body thus found , was the Body of the Lord Bouchard slaine in that B●ttaile . Buchanan saith , of Alexander Elfinston , who in countenance and statu●e was like the King ; and that King Iames was seene alive the same night at Kelso , whence he passed to Hierusalem , and there spent the rest of his dayes in holy contemplation : but howsoever it was , he was never seen any more in Scotland . King Henry being now returned from Tourney into England , and finding the great services done in his absence against the Scots ; on the day of the Purification of our Lady , at Lambeth he created the Earle of Surrey Duke of Norfolke , with an augmentation of the Armes of Scotland ; Sir Charles Brandon Viscount Lisle , he created Duke of Suffolke , the Lord Howard high Admirall , hee made Earle of Surry , Sir Charles Somerset Lord Herbert his chiefe Chamberlaine Earl of Worcester , and shortly after Sir Edward Stanly he made Lord Monteagle ; and in March following , Master Thomas Woolsey his Almoner , was made Bishop of Lincolne . Here before we goe further , it will be fit ●o ●ay something of this man , that he be not a rub afterward in the way of the Story : He was borne at Ipswich in Suffolke , the sonne of a Butcher , sent to Oxford by reason of his pregnancy of wit , so soone , that taking there the first degree of Art , he was called the Boy Batchelour ; proceeding in learning , he was made Fellow of Magdalen Colledge in Oxford , and afterward Schoolemaster of the Schoole there , at which time the Marquesse Dorset committed three of his Sonnes to be Instructed by him ; and having a Benefice fallen in his gift , sent for him one Christmas , and bestowed it upon him ; whereof Woolsey going to take possession , at his being there , for what misdemeanour is not delivered , he was by Sir Amyas Pawlet set by the heeles , which afterward he remembred to Sir Iam●s his no small trouble , for he made him attend his pleasure five or six yeeres ; all which time lying in the Middle-Temple , where he re-edified the Gate-house next the street very sumptuously , setting the Cardinals Armes upon it , to appease him . After this disgrace he went over-sea , where he fell in acquaintance with Sir Iohn Naphant treasurer of Callice , and by him was preferred to be King Henry the sevenths Chaplaine : and now being by this meanes in the Kings eye , he so diligently carried himselfe , that he soone got into the Kings heart . One time it happened , the King had occasion to send a Messenger to the Emperour Maximilian , about a businesse that required haste ; for which imployment no man was thought more fit then Woolsey ; whereupon , the King called him , gave him his Errand , and bad him make all the speed he could ; Woolsey departed from the King at Richmond about noone , and by the next morning was got to Dover , and from thence by noone that day was come to Callice , and by night was with the Emperour ; to whom declaring his Message● and having a present dispatch , he rode that night backe to Callice , and the night following came to the Court at Richmond . The next morning he presented himselfe before the King , who blamed him for not being yet gone , the ma●ter requiring haste ; to whom Woolsey answered , that he had beene with the Emperour , and had dispatched the businesse , and for proofe shewed the Emperours lines ; the King wondred much at his speed , but then asked him if he met not his Pursuivant , whom he sent after to advertise him of a speciall matter hee had forgotten ; whereto Woolsey answered , May it please your Grace I met him yester-day upon the way , but that businesse I had dispatched before , taking the boldnesse so to doe without commission , as knowing it to be of speciall consequence ; for which boldnesse I humbly intreat ●our Graces pardon . The King not onely pardoned him , but bestowed presently upon him the Deanery of Lincolne , and soone after made him his Almoner . In this state King Hen●y the eight found him , with whom also he grew into such favour , that he made him of his Councell ; and having won Tourney , made him Bishop of that Citie ; and returning into England , ( the Bishopricke of Lincolne falling void by the death of Doctor Smith ) made him Bishop of that Diocesse . And thus far the story hath now brought him , but soone after he was raised higher ; for Doctor Bambridge Archbishop of Yorke dying , he was translated from Lincolne to that See ; and that he might not be inferiour to the Archbishop of Canter●ury , he procured of the Pope to be made Cardinall , and Legat a Latere ; and after , by the King was made Lord Chancellour of England : and being come to this height of dignity , he so carried himselfe in Expences of Houshold , in number of Retinve , and in all circumstances of State , that no Subject before or since , hath in any degree come neere him . And if we may say it , he was the first Debaucher of King Henry ; for to the end he might have the managing of all matters himself , he perswaded the King that he should not need trouble himselfe with frequenting the Councell Table as he did , but take his pleasure , and leave those things to his Councell , whereof himselfe would alwa●es give him ●nie Information . This was plausible Councell , and no marvaile if it were embraced of a yong King , coming from the mouth of so great a Prelate . In this fifth yeer of the King , the Citizens of London finding themselves grieved with the Inclosures of the common fields about Islington , Hogsdon and Sh●rdich , and other places adjoyning ; went one morning , and threw downe all the Hedges , and filled up all the Ditches ; whereat though the Kings Councell were at first offended , yet the Maior and City shewed them such reaso●s , that they rested satisfied , and the fields were never since hedged . On the nineteenth of May , this yeer Pope Iulius the second sent to King Henry a Cap of Maintenance and a Sword ; and being angry with the King of France , transferred by Authority of the Lateran Councell , the title of Christianissimo from him , upon King Henry , which with great solemnity was published the sunday following , in the Cathedrall Church of Saint Paul ; but this solemnity must not passe without Revelling , Maskes , and Justs ; wherein the King and the Duke of Suffolke were defendants against all commers ; who having the Duke of Longuevyle , and the Lord of Clermont to be spect●tours , spread the fame of their Chivalrie into forreigne Nations . And now the great love that had been long between King Henry and the Flemings , began to abate ; upon this occasion , King Henry the seventh had concluded a match between his daughter Mary , and Charles Prince of Spaine : but by reason of her young yeers , and for want of assurance of Joynture , the match was deferred during his time ; but now King Henry the eight seeing his sister of convenient yeers , began to call upon it , and signified so much to the Councell of Flanders ; but they , whether having other ends , or out of Spanish delayes , put him off with excuses , and at last sent him word plainly , they could doe nothing in it that yeer . The King of France had soone Intelligence how much King Henry distasted these Spanish dealings , and meant to make some good use of it , for the ends he began to propose to himselfe , which were , to get the Lady Mary for himselfe , and thereby procure peace with England , being now old , and weary of the War. And for this purpose he got the new Pope Leo the tenth to be his mediatour , and both of them send Embassadours to King Henry , the Pope to perswade him to have peace with France , the French King to treat about a Marriage with the Lady Mary : upon whose Embassages , King Henry partly to satisfie the Pope , and partly to advance his sister ; did not unwillingly hearken to the motions : but whilst this was in working , Pryor Iohn ( who knew nothing of these intentions ) began again to play his Pra●ks ; and coming with his Gallyes on the coast of Sussex , burnt Bhighthem-steed , and took away the goods he found in the Village , whereupon the Lord Admirall sent Sir Iohn Walloppe to sea , with divers ships and eight hundred men , who for one Village that Pryor Iohn burnt in England , burnt one and twenty Villages and Townes in France , to the great honour of himselfe , and his countrey . And now King Henry by advice of his Councell , and specially of Woolsey Bishop of Lincolne , concluded both the peace with France , and the Marriage of his Sister the Lady Mary , with the French King ; but yet it stuck a while upon some differences , King Henry demanding Bulloigne , and the King of France Tourney : in conclusion these demands were waved , and the principall conditions were● first concerning the Ladies Joynture , that she should have two and thirty thousand Crownes of yeerly revenues if she survived the King ; and then concerning ths peace , that the French King should pay yeerly to King Henry for five yeers one hundred thousand Crownes , and the peace to continue between them during their lives , and a yeer after , and bound reciprocally to assist each other with ten thousand foot , if the warre were by land , with six thousand if by sea . All things thus concluded , the Lady Mary was brought to Dover by King Henry and his Queen : and on the second of October taking shippi●g , was conducted by the Duke of Norfolke , the Marquesse Dorset , the Bishop of Durham● the Earle of Surry , the Lord De la ware , the Lo●d Berners , the Lord Monteagle , Sir Maurice Berkely , Sir Iohn Pechye , Sir William Sands , Sir Bulleyne● Sir Iohn Carre , and many other Knights and Ladies ; but being not past halfe way over the sea , their ships by tempest were dispersed , and the Lady with some jeoperdy landed at Bullen , where Sir Christopher Garnish was faine to stand in the water and take her in his armes , and so set her on shore , and there the Duke of Vendosme with a Cardinall and many other great States received her . From Bullen the eight of October , she came to Abbevyle where the Dolphyn received her : on the morrow being Saint Dennis day , she came to Saint Dennis , where the marriage between the King of France and her , was solem●ized ( though some write it had been solemnized before at Abbevyle . ) The fifth of November she was Crowned Queene of France , at which time the Dolphyn held the Crowne over her head , as being too massie for her to weare ; and the day following she was received into Paris in most magnificent manner . In honour of whose Marriage and Coronation , the Dolphyn had caused a solemne Justs to be proclaimed , which should be kept in Paris the seventh of November . Upon report of this Proclamation in England , the Duke of Suffolke , the Marquesse Dorset and his four Brothers , the Lord Clinton , Sir Edward Ne●●ll , Sir Giles Capell , Thomas Cheiney and others , obtained leave of the King to be at the challenge , where they all behaved themselves with great valour , but specially the Duke of Suffolke ; whose glory the Dolphyn so much envied , that he got a Dutch-man the tallest and strongest man in all the Court of France , secretly as another person to encounter him , with a purp●e to have the Duke foyled ; but indeed it turned to his greater honour , for he foiled the Dutch-man in such sort , that when they came to the Barriers , the Duke by maine strength took him about the neck , and so prommeled him about the head , that he made the blood issue out at his nose : many other Princes and Lords did bravely ; and after three dayes the Justs ended . King Henry was not long behinde to solemnize it in England also ; for at Greenwich the Christmas following , on Newyeers night , and Twelfth night ; he presented such strange and magnificent devices , as had seldome been seene ; and the third of February following he held a solemne Justs , where he and the Marquesse Dorset answered all commers , at which time the King brake three and twenty speares , and threw to the ground one that encountred him both man and horse . At this time preparation was making for King Henry in person to go to Callice , there to meet with the French King and Queene , but death hindred the designe ; for before the next spring , the first of Ianuary the French King dyed at the City of Paris , fourscore and two dayes after his marriage ; teaching others by his example , what it is for an old man to marry a young Lady . King Henry hearing of the French Kings death , sent the Duke of Suffolke , Sir Richard Winkefield , and Doctor West , to bring over the Queene Dowager , according to the Covenants of the marriage . Whereupon the Queene was delivered to the Duke by Indenture , who obtaining her good will to be her husband , ( which was no hard matter , that had been her first love : ) wrote to the King her brother for his consent ; whereat the King seemed to stick a while , but at last consented ; so as he brought her into England unmarried , and then marry at his return ; but the Duke for more surety married her secretly in Paris , and after having received her Dower , Apparrell and Jewels ; came with her to Callice , and there openly married her with great solemnity . At their coming into England , King Henry to shew his conten●ment with the marriage , in the company of the Duke of Suffolke , the Marquesse Dorset , and the Earle of Essex , all richly apparelled ; held a new kinde of Justs , running courses on horseback in manner Volant , as fast as one could follow another , to the great delight of the beholders . This yeer the King at his Mannour of Oking ; Woolsey Archbishop of Yorke came and shewed him letters , that he was elected Cardinall ; for which dignity he disabled himselfe , till the King willed him to take it upon him , and from thenceforth called him Lord Cardinall , but his Hat and Bull were not yet come : after which Doctor Warham Archbishop of Canterbury , and Lord Chancelour of England ; finding Woolsey being now Cardinall , to meddle more in his office of Chancelourship , then he could well suffer● resigned up the Seal , which the King presently gave to Woolsey . About this time , Cardinall Campejus was sent by Pope Leo to King Henry , to solicite him to a Warre against the Turke , with whom Cardinall Woolsey was joyned in Commission , who hearing of the ragged retinue of his fellow Cardinell ; sent store of red cloath to Callice to make them fit followers of so great a Lord : and when Campejus was landed at Dover , Cardinall Woolsey caused the gentry of Kent to waite upon to Black-heath , where he was met and received by the Duke of Norfolk and many Prelates , & there in a Tent of cloath of gold shifted himself into his Cardinals robes . Eight Mules he had laden with necessaries ; but Woolsey not thinking them enough for his honour , sent him twelve more . But now see the shame of pride , for in Cheap-side his Mules by some mischance overthrew their Carriages and Coffers on the ground , whose lyds flying open , shewed the world what treasure it was they carried , old Breeches , Boots , and broken Shoos , broken Meat , Marybones and crusts of Bread ; exposing him to the laughter of all the people : yet the Cardinall went joging on afore with his Crosses , guilt Axe and Mace , unto Pauls Church ; and by the way had an Oration made him by Sir Thomas Moore , in name of the City , and then waited on with many Bishops , was conducted to Bath Place , where he was lodged for his own particuler : he got well by the Journey , for the King gave him the Bishoprick of Salisbury ; but the errand he came about , which was to have Ayde by mony , for a Warre against the Turke , he could not obtaine , for it was well known to be but a devise to get money , without any intention of what was pretended . In his seventh yeer , King Henry kept his Christmas at his Mannour of Eltham ; where on Twelfth night according to his custome , was a stately Maske of Knights and Ladies , with solemne Daunsing and a most Magnificent Banquet . It was now the eight yeer of King Henryes Reigne , when the new league between him and the French King was Proclaimed in the City of London : and this yeer Mageret Queene of Scots eldest Sister to King Henry , having before married Archibald Dowglasse Earle of Angus ; by reason of dissention amongst the Lords of Scotland , was glad with her husband to flye into England , and to seek succour at her brothers hands ; who assigned to her the Castle of Harbottell in Northumberland to reside in ; where she was delivered of a daughter named Margaret . From thence the King sent for her and her husband to come to his Court ; and thereupon the third of May , Queene Margaret riding on a white Palfrye ( which the Queen of England had sent her ) behinde Sir Thomas Parr● , came through London to Baynards Castle , and from thence went to Greenwich : but her husband the Earle of Angus , was secretly before departed into Scotland ; which when King Henry heard , he onely ●aid it was done like a Scot. And now in honour of his sisters coming , King Henry the nine and twentieth of May , appointed two solemne dayes of Justs ; where the King , the Duke of S●ffolke , the Earle of Essex , and Nicholas Carew Esquire : took upon them to answer all commers , amongst others , the King and Sir William Kinston ran together , which Sir William though a strong and valourous Knight , yet the King overthrew him to the ground : all the rest was performed with no lesse valour then magnificence . This yeer died the King of Aragon , Father to the Queene of England , for whom was kept a solemne Obsequie in the Cathedrall Church of Pauls ; and Queene Margaret after she had been a yeer in England , returned into Scotland . In this yeer were sent twelve hundred Carpenters and Masons , with three hundred Labourers , to the City of Tourney in France , to build a Castle there , to keep the City in Awe . And now the Cardinall being weary of hearing so many Causes himselfe , as were daily brought before him ; ordained by the Kings Commission ( aftet the patterne of Mases , divers under Courts to hear co●mplaints of Suitours : whereof one was kept in the Whitehall , another before the Kings Almoner Doctor Stokesley , a third in the Lord Treasurers lodging neere the Starre-chamber , and the fourth at the Roles in the afternoone : these Courts for a time were much frequneted ; but at last , the people perceiving that much delay was used in them , and that sentence given by them bound no man by Law : they thereupon grew weary of them , and resorted to the common Law. By occasion of this Government of the Cardinall , who under colour of Justice , did what he pleased : many great men withdrew themselves from the Court ; as first the Archbishop of Canterbury , and the Bishop of Winchester , who went and lived in their Diocesses ; then the Duke of Norfolke , and at length the Duke of Suffolke , who being run deep into the Kings debt , by reason of his many Imployments into France , and his great House-keeping since his marriage with the Kings Sister , hoped the King would have forgiven it , and would no doubt have done it , but that the Cardinall opposed it , to the end the Duke should be the more at his command . In October this yeer , Matthew Bishop of Sion commonly called the Cardinall of the Swizzers came into England from the Emperour Maximilian ; by whose soliciting , and Cardinall Woolseys perswasion , the King lent the Emperor a great some of money , for Woolsey being angry with the King of France , for detaining the revenewes of his Bishoprick of Tourney , perswaded King Henry that the best way to abate the French Kings power , was to furnish the Emperour money , the better to maintaine warre against him : and what Woolsey said , was in those dayes to King Henry an Oracle . This yeer the King kept his Christmas at his manner of Greenwich ; where on Twelfth night according to his custome , rare devices with great magnificence were presented ; after which time the King exercised himselfe much in Hawking , which was like to have proved no good sport to him ; for one time following his Hawke , and leaping over a Ditch with a Pole , the Pole brake , so that if one Edmund Mody a foot-man had not leapt into the water and lift up his head which was fast in the clay , he had been drowned . In this yeer also there happened in the City of London , an Insurrection against strangers , specially of Artificers , complayning that strangers were permitted to resort hither with their Wares , and to exercise Handy-crafts , to the great hindrance and impoverishing the Kings own Subjects ; and not onely so , but that they were borne out in many great Insolencies , and wrongs they offered to the English , as one time it happened , a Carpenter in London called Williamson , had bought two Pigeons in Cheap-side and was about to pay for them , when a French-man tooke them out of his hand , saying , they were no meat for a Carpenter : well ( said Williamson ) I have bought them , and I will have them ; nay ( said the French-man ) I will have them for my Lord Embassadour ; hereupon they grew to words , and complaint was made to the French Embassadour , who so aggravated the matter to the Major , that the Carpenter was sent to prison , and when Sir Iohn Baker sued to the Embassadour for him , he answered , by the body of God , the English knave was worthy to loose his life for denying any thing to a French-man , and other answer he could have none . Matry like and worse Insolencies were offered by changes ; which one Iohn Lincoln a Broker drew into a Bill , and prevailed with Doctor Beale , Preacher on Easter Tuesday at the spittle to reade it openly in the pulpit , which so stirred up many , that strangers could hardly passe the streets , but were strucken , and sometimes beaten downe . At last , one evening , many Prentises and others assembling , rifled some strangers houses , and much mischief was like to be done : but by the tare of the Maior and Aldermen and by the ind●stry of Robert Brook Recorder , and Sir Thomas Moore , ●hat had bin under shriefe of London ; they were gotten to be quiet and many of the disturbers were sent to prison , whereof Lincolne and twelve other were hanged , foure hundred more in their shirts , bound in ropes and halters about their neckes ( and thereupon called the black wagon ) were brought to Westminster , where the King himselfe sate that day ; and when the Cardinall had charged them with the greatnesse of their offence ; they all cryed , mercy , mercy : and then the King by the mouth of the Cardinall , pardoned them all which clemency purchased the Ki●g no small love amongst the people . In this ninth yeere , in Iune King Henry had divers Embassadors at his Court ; for whose entertainment he prepared a costly Justs ; himselfe and twelve more against the Duke of Suffolke and other twelve . The King had on his Head a Ladies sleeve full of Diamonds , and perhaps something else of the Ladies in hes heart , which made him performe his courses with the applause of all beholde●s . This yeere by reason of a sweating sicknesse , Michaelm●s Tearme was adjourned ; and the yeere following , Trinity Tearme was held one day at Oxford , and then adjourned againe to Westminster . About this time Cardinall Woolsey obtained of Pope Leo , authority to dispence with all Offences against the spirituall Lawes ; by vertue whereof he set up a Court , and called it , The Court of the Legat ; in the which he proved Testaments , and heard Causes , to the great hindrance of all the Bishops of the Realme ; and to the debauching of Priests and Religious persons , who relying upon his greatnesse , tooke ●uch a liberty of licentiousnesse , to themselves , that none was more disorderly , then those that were in orders : and supposii●g perhaps , they might lawfully comit such sins themselves , as they forgave to others . And indede the Cardinalls carriage exceeded all boundes of moderation ; for when he said masse , he made Dukes and Earles to serve him of wine , with a say taken , and to hold the bason at the Lauatory : and when the Archbishop of Canterbury , writing a letter to him , subscribed , your brother William of Canterbury , he tooke it in great dudgion , to be termed his brother . It was now the tenth yeere of King Henries Reigne , when the Kin● of France , longing much , to have Turney restored to him : by great guifts and greater promises● wonne ●he Cardinall Woolsey , to move the King in it ; who upon his perswasions , was contented to be treated withall about it : to which the King of France sent the Lord Bonquet high Admirall of France : and the Bishop of Paris , who in there attendance , having above fourescore Gentlemen , and with their servants and all above twelve hundred , arived in England ; and on Munday the seaven and twentieth of September , were met at Black-heath by the Ea●le of Surrey high Admirall of England , attended likewise with above five hundred Gentlemen and others , who conducted them to London , where they were lodged at Marchantailors Hall : The last of September , the Embassadours went to the King at Greenwich , where after long communication , an Agreement was at last concluded under pretence of a marriage to be had , betweene the Dolphin of France , and the Lady Mary Daughter to the King of England , that in name of her marriage money , Tourney should be deliveted to the French King : he paying to the King of England , for the Castle he had made in that Citty , six hundred Thousand C●ownes in twelve yeeres , by fiftie Thousand Crownes yeerly : and if the marriage should chance not to take effect , then that Tourney should be againe restored to the King of England ; for performance of which article , Hrstages shotld be delivered : namely , Monsi●ur de Memorancye , Monsieur de Monpesac , Monsieur de Moy , and Monsieur Morett , and moreover the French King should pay to the Cardinall of England a thousand markes yeerly , in recompence of his Revenewes , received before of his Bishoprick of Tourney : All things thus concluded , the Cardinall made to the Embassadours a solemne Banquet , and after presented them with a stately Mummery . The eighth of October , the King feasted them at Greenwich , and at night presented a stately Maske of Knights and Ladies , with reare devises and great magnificence : The next day , Sir Thomas Exmew Major of London , feasted them at Goldsmiths-Hall , and then delivering their foure Hostages , they tooke their leave . At whose departure , the King gave to the Admirall of France , a Garnish of guilt vessell , a paire of covered Basons , gilt , twelve great guilt Bowles , fower paire of great guilt Pots , a standing Cup of Gold , garnished with great Pearles , and to some other he gave Plate , to some other cheins of Gold , to some rich Apparell : to the great comendation of his liberality . Shortly after their departure , the Earle of Worcester Lord Chamberlaine , the Bishop of Ely , the Lord of Saint Iohns , Sir Nicholas Vaux , Sir Iohn Pechy , and Sir Thomas Bullen , as Embassadours from the King of England , accompanied with Knights , Gentlemen , and others , to the number of above foure hundred , passed over to Callice , and from thence went to Paris ; where after Royall Entertainment by the King , with di●erse Maskes and stately shewes , they tooke their leaves and rode to Tourney to see the Citty delivered to the French men , on the eighth of February to the great griefe of the English Garrison . After the English Embassadours were returned , King Henry to cheere up the foure French Hostages , left heere for performance of covenants , on the seaventh of May , presented a solemne and stately Maske , wherein himselfe , the Duke of Suffolke and the French Queene were Actors , and on the eight of March following was a solemne Just holden , and with great magnificence performed . In the eleventh yeere of King Henries Raigne died the Emperour Maximilian , for whom , the King caused a solemne obsequie to be kept in Paules Church . After whose death the French King and the King of Spain , endeavoured by sundry plots , each of them to get the Empire , but in conclusion , Charles King of Castile , ( afterwards called Charles the fifth ) was elected Emperour ; for joy whereof , a solemne Masse was sung at Pauls , the seaventh of Iuly , at which were present the Cardinall Campeius , the Cardinall of Yorke , the Duke of Buckingham , Norfolke and Suffolk , with the Embassadours of Spaine , France , Venice , and Scotland ; and this yeere the King kept Saint Georges feast at Winsor , with great solemnity . At this time , diverse young Gentlemen that had been in France , after the manner of that Country , carried themselves so familiarly with the King ; that the Lords of his counsell thought it a disparagement to him : and thereupon , with his leave first obtained , they banished them the Court : and in their places , brought in more staied aud graver men : namely , Sir Richard Winkefield , Sir Richard Ierningham , Sir Richard Weston and Sir VVilliam Kingston . In the summer of this yeere , the Queene lying at her Mannor of Havering in Essex , desired the King to bring thither the foure Hostages of France to whom shee made a Royall Banpuet and in September following the King lying at his Mannor of Newhall in Essex , otherwise called Beaulieu ; where he had newly built a stately Mansion , invited the Queen and the French Hostages thither , where after a sumptuous Banquet , he presented them with an extraordinary Mask , for the Maskers were the Duke of Suffolk , the Earl of Essex , the Marquesse Dorset , the Lord Aburgaveny , Sir Richard VVinkfield , Sir Richard VVeston and Sir VVilliam Kingston , the youngest of whom was fifty yeeres old at least , that the Ladies might see , what force they had to make age young againe . At this time , the French King was very desirous to see the King of England with whom he had entred into such a league of alliance , and to that end made meanes to the Cardinall , that there might be an Enterview betweene them at some convenient place : to which the Cardinall , no● so much to satisfie the French King as to shew his owne greatnesse in France ; e●sily condiscended , and thereupon perswaded King Henry , how necessary it was , that such an Enterview should be : and then were sent unto Guysnes , under the rule of Sir Edward Belknap three thousand artificers , who builded on the plaine before the Castle of Guysnes , a most stately Pallace of timber , curiously Garnished without and within : whither both the Kings in Iune next following , agreed ●o come and to answere all commers at the Tilt , Tournies and Barriers , whereof proclamation was made in the Court of England , by Orleance King of Armes of France and in the Court of France by Clarentius , King of Armes of England : whilst these things were preparing on Candlemas Even , as the King and Queene were come from Even-song at their Mannour of Greenwich ; suddainly there blew a Trumpet , and then entred into the Queenes Chamber , foure Gentlemen , who brought with them a waggon , in which sate a Lady richly apparelled ; which Lady , acquainted the King , that the foure Gentlemen there present , were come for the love of their Ladies , to answer all commers at the Tilts on a day by the King to be appointed ; which day was thereupon appointed on Shrovetuesday next ●nsuing , where they all behaved themselves with great valour , to the great delight of the King and Queene . By this time King Henry was ready for his journey into France , and so removing from his Mannour of Greenwich , on Friday the five and twentieth of May he with his Queene arived at Canterbury , where he ment to keepe his Whitsontide . At which time , the Emperour Charles returning ou● of Spaine arrived on the coast of Kent , where by the vice Admirall of England , Sir William Fitz-Williams , he was conducted to land , and there met aud received by the Lord Cardinall in great state . After which the King himselfe rode to Dover , to welcome him : and on Whitsunday earely in the morning conducted him to Canterbury , where they spent all the Whitsontide in great joy and solace . The chiefe cause that moved the Emperour at this time , to come on land , was to have disswaded the King from any Enterview with the French King : but when he saw him ●o forward in that jour●ey , he then onely endeavoured to perswad● him , that he should put no trust in the French Kings words , and with great gui●ts and promises , prevailed with the Cardinall to joyne with him in this perswasion . The last of May , the Emperour tooke his leave , and the same day , the King made saile from Dover and landed at Callice , together with the Queen and many Lords and Ladies . The fourth of Iune the King and Queen removed from Callice to his Princely lodging beside the Towne of Guysnes , the most Royall Building that was e●er seene ; likewise Francis the French King had his lodging prepared close to the Towne of Ard , in a strange but most magnificent fashion . Both Kings had given authority and power to the Cardinall to affirme and confirme , ●o bind or unbind , whatsoever should be in difference betweene them ; no lesse an honour to the Cardinall then a confidence in the Kings . On Thursday the seaven●h of Iune , the Kings met in the vale of Andren so magnificently attired , both themselves , and all their followers , that from thence it was called ●he campe of cloath of Gold. Heere they spent that day in loving complements ; and at night departed , the one to Guysnes , the other to Ard. On Satureday the ninth of Iune were set up in a place , within the English pale two Trees of honour , with stately roomes and stages for the Queens , and thither the two Kings came , most Royally accompan●ed ; wherein most magnificent manner , they performed Acts of valour , both on foo●e and horseback ; and after them all the great Lords both of France and England did the like : this solemnity of Justs and Maskes was continued to the foure and twentieth day of Iune ; at which time , the Kings and Queenes tooke leave of each other , the French King and Q●eene removed to Ard ; the King and Queene of England to Callice , where he remained till the tenth of Iuly , and then ridings ●oward Graveling , was by the way met by the Emperour , and by him conducted thithet , and there in most royall manner ente●tained ; whereof when the French King heard , he began from that day forward , to have King Henry in a kinde of jelousie , as though to love him and the Emperour both were inconsistent , and could not stand together . On Wednesday the eleventh of Iuly , the Emperor and his Aunt the Lady Margaret , Dutchesse of Savoy , came with the King of England to the town of Callice , and there continued with Feasting , Dancing and Masking , till the fourteenth of Iuly . In which time , all the Articles of the league tripartito , betweene the Emperour and the Kings of England and France were reviewed ; to which the King of France had so fully condiscended , that he had sent Monsieur de Roche to the Emperor with Let●ers of credence ; that in the word of a Prince , he would inviolably observe and keepe them all : all which notwithstanding , he dispenced with his conscience afterward , in breaking them all . On Saturday , Iuly 14. the Emperor tooke his leave and went to Graveling ; the King with his Queene returned into England . It was now the twelfth yeer of King Henries reigne ; when being returned from Callice , he kept his Christmas at Greenwich with great magnificence ; & on twelfth day he and the Earl of Devonshire maintained a solemn Justs against al commers . The Cardinal had long born a grudg against the Duke of Buckingham , for speaking certain words in his disgrace , and now hath made his way for reveng : for the Earl of Surrey , Lord Admirall , who had maried the Dukes daughter , the Cardinall had caused to be sent Deputy into Ireland , and the Earle of Northumberland , the Dukes speciall friend he had caused upon certain suggested crimes to be Imprisoned ; so as the Duke having his friends sequestred from him , he lay now open to accusations , and accusations shall not long be wanting ; for the Duke having some time before put from him in displeasure , one Charles Knevet , that had been his Surveyar , and inward with him ; him the Cardinall gets to him , to see what he could get out of him against the Duke . And whether it was out of desire of revenge , or out of hope of reward , or that the matter was so indeed , this Knevet confessed to the Cardinall , that the Duke had once fully determined to make away the King ; being brought into a hope to be King himselfe by a vaine Prophesie , which one Nicholas Hopkins ( a Monke of an house of the Chartnar Order , besides Bristow , called Henton ) somtimes his Confessor , had opened to him ; and as for the Cardinall , that he had often heard the Duke sweare , he would punish him soundly for his manifold misdoings . And now had the Cardinall matter enough for Accusation , which he so aggravated to the King , that the King bid him do with him according to Law. Hereupon the Duke is apprehended and brought to the Tower by Sir Henry Marney , Captain of the Guard , the fifteenth of April , and shortly after in Guild-hal before Sir Iohn Brugge , then Lord Major , was indited of divers points of High-treason ; the substance whereof was , that in the second yeer of the Kings reign , and at divers times before and after , he had imagined and compassed the Kings death at London and at Thornbery in Glocestershi●e ; and that in the sixth yeer of the Kings reign , he went in person to the Priory of Henton , and there had conference with the foresaid Nicholas Hopkins , who told him he should be King ; and that he had often said to the Lord Aburgayne who had maried his daughter , that if King Henry died without issue , he would look to have the Crown himself . Vpon these points hee was arraigned in Westminster-hall , before the Duke of Norfolk , sitting then as high Steward of Engla●d , the Duke of Suffolk , the Marquesse Dorset , the Earls of VVorcester , Devonshire , Essex , Shrewsbury , Kent , Oxford and Darby , the Lords of Saint Iohns de la ware , Fitz-water , Willoughby , Brook , Cobha● Herbert & Morley . The Duke pleaded for himself til he swet again , but al booted ●ot , for by these Peeres he was found guilty and condemned , and so on Friday the seventeenth of May was led by Iohn Keyme and Iohn Skevington Sheriffes of London to the scaffold on Tower-hill , and there beheaded . The Augustine Friers took his body and head and buried them . This Edward Bohun Duke of Buckingham was the last high Constable of England ( the greatest place , next the high Steward in the kingdome ) whose Power extended to restrain some actions of the King. He was also Earl of Hereford , Stafford and Northampton , he maried Elianor the daughter of Henry Earle of Northumberland , and had issue Henry Lord Stafford ( Father to Henry Lord Stafford la●e living ) and three daughters , Elizabeth maried to Thomas H●ward Earl of Surrey , Katherine maried to Ralph Nevil Earl of Wes●merland , and Mary maried to George Nevill Lord of Abu●ga●enie . In this meane while , a new Warre was begun between the Emperour and the King of France ; for composing whereof , the Cardinall of Yorke was sent attended with the Earle of Worce●ter , Lord Chamberline , the Lord of Saint Iohns , the Lord Ferrers , the Lord Herbert , the Bishop of Du●ham , the Bishop of Ely , the Primate of Armagh , Sir Thomas Bullen , Sir Iohn Pechye , Sir Iohn Hussey , Sir Richard Winkfield , Sir Henry Guild●ord , and many other Knights , Gentlemen and Doctors . On the twelfth of Iuly he arrived at Callice , whether came to him the Cha●cellour of France , and the Count de Palice attended with four hundred horse , as Embassadours from the French King ; and from the Emperour the like , with Commissions to treat and conclude of Peace . There were also Embassadours from the Pope , whom the Cardinall moved to have the Pope be a party also in their League , but they wanting Commission . Letters were presently sent to Rome about it , and in the time till answer might be had , the Cardinall went to Bruges , to speak with the Emperour , with whom having stayed thirteene dayes , after most Royall entertainment , he returned back to C●llice , and then fell presently to the treaty of Peace , with the French Commissioner , but was colder in the matter then he was before , as having had his edge taken off , by some dealings with the Emperour , so as nothing was concluded ; but that Fishermen of both the Princes might freely Fish on the Seas without disturbance , till the end of February following ; whereof he sent advertisement to both the Princes ; to the Emperour by the Lord of Saint Iohns and Sir Thomas Bullen ; to the French King by the Earle of Worcester and the Bishop of Ely. During all which time of the Cardinalls stay in Callice , all Writs and Pa●ents were there by him sealed , and no Sheriffe could be chosen for lack of his presence , having the Great Seal there with him , and full power in things , as if the King had been there in person . Before he returned he made a new League with the Emperour , and intimated to the French King , that he doubted the King of England would not hereafter be so much his friend , as heretofore he had been ; whereat , though the King of France were much offended , yet he signifyed by his Letters ( perhaps dissemblingly ) that he would continue the King of Englands friend asmuch as ever : onely he enveighed against the Cardinall , as a man of no truth , & withdrew many Pensions which he had before given to some English. Presently upon this , was Tourney besieged , by the Lord Hugh de Moncada a Spaniard ; and though the French King sent great Forces to succour it ; yet it was rendred up to the Emperour the last of November , in the thirteenth yeer of King Henries Reigne . This yeer Pope Leo died the first of December , suspected to be poysoned by Barnabie Malespina his Chamberlaine , whose office was alwayes to give him drinke . After whose death , Doctor Pace was sent to Rome , to make friends in behalfe of the Cardinall of Yorke ; who was brought into a hope through the Kings favour to be elected Pope , but that hope was soon quailed ; for before Doctor Pace could get to Rome , Adrian the sixth was chosen Pope . This Doct. Pace was a very learned and religious man , yet thorow crosses in his imployment , fell mad and dyed ; in whose place of Imployment succeeded Doct. Stephen Gardyner . On the second of February , King Henry being then at Greenwich , received a Bull from the Pope , whereby he had the Title given him to be defender of the Christian Faith , for him and his successours for ever ; which Title was ascribed ●o him , for writing a Booke against Luther , of which Booke ( saith Holings●eard ) I will onely say ●hus much , that King Henry in his Booke , is reported to rage against the Devill and Antichrist , to cast out his foame against Luther , to race out the Name of the Pope , and yet to allow his Law ; which Booke Luther a●swered with as little respect to the King , as the King had done to him . In this meane time , many displeasures grew between the two Kings of England and France , specially two : one that French-men seized upon English ships as they passed : for remedy whereof , one Christopher Cee an expert seaman , was sent with six ships to safeguard the Merchants . Another , that the Duke of Albanye was returned into Scotland , contrary to that which was Covenanted by the league , which though the King of France denied to be done with his privity , yet King Henry knew the Duke of Albanye had Commission from the French King to returne , which did the more exasperate him ; and hereupon were Musters made in England , and a note taken of what substance all men were . This yeere died the Lord Brooke , Sir Edwad Poynings Knight of the Gar●er , Sir Iohn Pechy , and Sir Edward Belknappe , all valient Captaines , suspected to have poysoned at a Banquet made at Ard , when the two Kings met last . At this time , Owen Dowglas Biship of Dunkell , fled out of Sco●lnad into England , because the Duke of Albanye being come thither , had taken upon him the whole Government of the King and Kingdome ; whereupon Clarentiaux the Herald was sent into Scotland , to command the Duk of Albany to avoid that Realm ; which he refusing , the Herald was ●ommanded to defie him . Thereupon the , French King seized all English-mens goods in Burdeaux , and impisoned their persons ; and retained not onely the money to be paid for the restitution of Tourney ; but also with-held the French Queenes Dower : whereof when King Henry understood ; he called the French Embassadour residing in England , to give account thereof ; who though he gave the best reasons he ●ould to excuse it , yet was commanded to keep his house , and the French Hostages remayning here , for the money to be paid for the delivery of Tourney , were restrained of their liberty , and committed to the custody of the Lord of Sa●t Iohns , Sir Thomas Lovell , Sir Andrew Windsor , and Sir Thomas Nevyle ; each of them to keep one ; and withall , all French-men in London were committed to prison , and put to their Fines ; and all Scots-men much more . There were then also sent to sea under the conduct of Sir William Fitz-Williams Viceadmirall , eight and twenty great ships , and seven more towards Scotland ; who set fire on many Scottish-ships in the Haven , and at length tooke many prisoners , and returned . King Henry hearing that the Emperour would come to Callice , so to passe into England , as he went into Spaine ; appointed the Lord Marquesse Dorsett , to go to C●llice , there to receive him● and the Cardinall to receive him at Daver● The Cardinall taking his Journey thither on the tenth of May , rode thorow London accompanied with two Earles , six and thirty Knights , and a hundred Gentlemen , eight Bishops , ten Abbots , thirty Chaplains , all in Velvet and Sattin ; and Yeomen seven hundred . The five and twentieth of May being Sunday , the Marquesse Dorset with the Bishop of Chichester , the Lord de Law●re and divers others , at the water of Graveling , received the Emperour , and with all honour brought him to Callice , where he was received with Procession , by the Lord Berners Lieutenant of the Towne . On Munday he tooke ship at Callice , and landed at Dover , where the Cardinall with three hundred Lords , Knights and Gentlemen received him , and in great State brought him to the Castle , where he was lodged . On Wednesday being Ascention Even , the King came to Dover , and there with great joy and gladnesse , the Emperour and he met . On Friday in the afternoone they departed from Dover , and came that night to Canterbury , and from thence next day to Greenwich , where the Queene received her Nephew with all the joy that might be . Here to honour the Emperours presence , Royall Justs and Turneys were appointed ; where the King , the Earle of D●vonshire and ten Aydes , kept the place against the Duke of Suffolke , the Marquesse Dorset and other ten Aydes , on their part . On Friday the sixth of Iune , the Emperour and the King with all their companies went to London , where the City received them with Pageants , and other as rare device● , as at a Coronation , and the Emperour was lodged at the Blackf●yers , and all his Lords in the new Palaces of Bridewell . On VVhitsunday , the King and the Emperour rode to the Cathedrall Church of Saint Paul , where the Cardinall sung M●sse , and had his Traverse and his Cupboord . Before Masse , two Barons gave him water , and after the Gospel , two Earles , and at the last Lavatory two Dukes , which pride the Spaniards much disdained . After many Feastings in other places , at last they rode to VVindsor , where they stayed a whole weeke ; and there on Corpus Chris●i day , the Emperour wore his Mantle of the Garte● , and sate in his owne Stall . On the same day , both the Princes received the Sacrament , and took their oathes to observe the League concluded betweene them . On the morrow after , they came to Winchester : before whose comming thither there was come to Hampton , the Earle of Surrey Admirall of England , with all the Kings Navy , and with him the Lord Fitz-Water , the Barron Curson , Sir Nicholas Carew , Sir Richard Wink●●eld Sir Richard Ierning●am , Francis Brian , Sir William Barentine , Sir Adrian Foskew , Sir Edward Donne , Sir Edward Chamberlaine , Sir Richard Cornwall , Sir Antony Poynes , Sir Henry Shirborn , and the Viceadmirall , Sir William Fitz-Williams , Sir Edmund Bray , Sir Giles Capell , Sir William Pirton , Iohn Cornwallis , Sir Iohn Walloppe , Sir Edward Ichingham , Sir VVilliam Sidney , Anthony Browme , Giles Hus●ey , Thomas Moore , Iohn Rus●el , Edward Bray , Henry Owen , George Cobham , Thomas Old●all , Thomas Lovell , Robert Ichingham , Anthony Knevet , Sir Iohn Tremaile , Sir VVilliam Skevington , Master of the Ordinance , and Iohn Fabian Serjant at Armes , by whom chiefly a diss●gne was moved , though now noised onely that it was but to scowre the seas for the safe conducting of the Emperour . For the Earle of Surrey having wafted the Emperour over to the co●st of Biskay ; upon his returne , made to the coast of Brittaine ; and there landing seven thousand of his men , marched to the Towne of Morleys , and by assault took it : having ●onne this Towne , the E●rle called to him certaine Gentlemen and made them Knights ; as Sir Francis Brian , Sir Anthony Browne , Sir Richard Cornwall , Sir Thomas Moore , Sir Giles Hus●ey , Sir Iohn Russell , Sir Iohn Rainsford , Sir George Cobham , Si● Iohn Cornwallis , Sir Edward Ridgley , and some others ; and after the Earle had lien a while on the Coast of Brittaine , he was commanded home by the Kings letters : who thereupon brought back his whole fleet , to a place ca●led the Cow under the Isle of Wight , and then went on land , leaving diverse of of his ships , under the Governa●ce of the Vice-admirall Sir William Fitz-VVilliams . In this meane time , diverse exploits were atchieved between them of the Garrison in the marches of Callice , and the French men of Bulloigne , where the French commonly had the worst : but being of no great moment , may well be passed over without relating . Likewise at the same time the Lord Rosse , and the Lord Dacres of the North , appointed to keepe the Borders against Scotland , burnt the Towne of Kelsie , and fourescore Vilages , and overthrew eighteene Towers of stone , withall their Bulwarkes . King Henry intending now to goe seriously on with his warres in France , levied an Army , which under the conduct of the Earle of Surrey , he sent over to C●llice ; whither the Earle being come , he divided his Army into three battailes ; the first was led by Sir Robert Ratcliffe Lord Fitz-water , the middle-ward by himselfe and his brother the Lord Edmund Howard , the reare-ward by Sir VVilliam Sands and Sir Richard VVinkfield , both of them Knights of the Ga●ter : and Sir Edward Guildford was Captaine of the horsemen . In this order the Earle entred the French ground the second of September , and took his Journey ●owards Hedring . By the way there came to him a great Power of ●●rgognias , sent by the Lady Margaret , according to the Articles of the League . All the Townes , Villages and Castles , in the Countrey through which they passed , they burnt and sacked ; as the Towne and Castle of Selloys , the Towne of Brun●rigge , Senekerke , Botington and Manstier , with divers others . On the sixteenth of September , they came before the Castle of Heding , and laid siege unto it ; but the Castle being wel fortified , & the Earle having not battering Ordnance , which by reason of the foule weather , he could not bring with him : after eleven dayes he raised his siege , and passing from thence to Dorlens , burnt the Towne and raced the Castle , as also the Towne of Dortyer , and then the yeer being farre spent , came back to Callic● the sixteenth of October . At this time , the Duke of Albany being established Governour of Scotland , raised an Army of fourscore thousand men , with which he approached the b●●ders , but made no Invasion , as thinking perhaps that the onely report of his great Army , would fright the English ; but yet this stayed not the Lord Marquesse Dorset , Warden of the east and middle Marches ; to enter into Tividale , and so forward ten miles into Gallaway , burning all townes and Villages on every side as he passed . All that night he tarried within the Scottish ground , and the next day being good-Friday , withdrew back into England , with a head of four thousand cattell ; having burned Grimseley , Mowhowse , Donford , Myles , Ackforth , Crowling , and many other Townes and Villages . In King Henries fourteenth yeer , on the fifteenth of Aprill began a Parliament , which was holden at the Blackfryers , whither the King came , and there sate downe in his Royall Seate ; at his feet on the right side sate the Cardinall of Yorke , and the Archbishop of Canterbury ; and at the Raile behinde , stood Doctor Tunstall Bishop of London , who making an Oration , told there the causes of calling this Parliament ; which were ( as he said ) for remedying of mischiefs by the common Law , as Recoveries , Forraigne Vouchers and corrupt Trialls● and for making new Lawes for the good of the Common-wealth : whereof notwithstanding , no one word was spoken all the time of the Parliament , nor any other thing done , but a Subsedie granted ; but howsoever , being commanded to chuse their Speaker , they chose Sir Thomas Moore , who at first disabling himselfe , at last made two Petitions to the King ; one for himselfe , that if he should be sent by the Commons to the King on a Message , and mistake their inten● , he might then with the Kings pleasure resort again to the Commons to know their meaning . The other , for the House of Commons , that if in communication and reasoning , any man should speake more largely then of duty he ought to do , yet all such offences should be pardoned , and that to be entred of Record . Which Petitions were granted , and then the Parliament began ; where at first a Subsidie was demanded , but as there was much adoe in the House of Commons about it , so there was no lesse amongst the Clergey in the Convocation House ; for Richard Bishop of VVinchester , and Iohn Bishop of Rochester were much against it , but most of all , one Rowland Philips , Vicar of Croyden , and a Canon of Pauls , but the Cardinall taking him aside , dealt so with him , that he took him off , so as he came no more to the House● and then the Bel-weather ( as one saith ) giving over his hold , the rest soon yelded ; and so was granted the half of all their spiritual yeerly Revenues , to be paid in five yeers following . The Clergey being thus brought on , on the nine & twentieth of April , the Cardinall came into the House of Commons , to work them also ; and there shewing the great charges the King was necessarily to be at in his present Wars : demanded the sum of eight hundred thousand pounds , to be raised of the fifth part of every mans Goods and Lands , which was four shillings of every pound . This demand was enforced the day after by the Speaker Sir Thomas Moore ; but the Burgesses were all against it , shewing that it was not possible to have it gathered in money ; for that men of Lands had not the fifth part thereof in Coyne . And further alleadged , that there be not many parishes in England one with another , able to spare a hundred Marks , except Cities and Townes ; and seeing there were not above thirteen thousand Parishes in the Kingdome , ( at this day there are but 9285. ) how could such a summe be raised ? Hereupon certai●e of the House were sent to move the Cardinall , to be a meanes to the King to accept of a lesser summe , but the Cardinall answered , he would rather have his tongue plucked out of his mouth with a paire of Pinsors , then make to the King any such motion . Whereupon the Cardinall came again in●o the House , and desired that he might reason with them that were against the demand ; to which it was answered , that the order of that house was to heare , and not to reason , except amongst themselves . When the Cardinall was gone , the Commons after long debating the m●tter ; at last , agreed of two shillings in the pound , from twenty pounds upward , and from forty shillings , to twenty pounds ; of every twenty shillings , twelve pence , and under forty shillings , of every head of sixteene yeeres and upwards , foure pence , to be paid in two yeeres : when this was told to the Cardinall , he was much offended ; so that to please him , the Gentlemen of fifty pound Land and upward , by the motion of Sir Iohn Hussey , a Knight of Lincolneshire , were charged with twelve pence more in the pound , to be paid in three yeeres . The Cardinall to move them to it , bore them in hand , that the Lords had agreed to foure shillings of the pound ; which was untrue , for the Lords had granted nothing , but stayed to see what the Commons would doe ; whereof when the King heard , he reproved the Cardinall for it ; saying withall , that ere it were long he would looke to things himselfe , without any Substitute . Which speech of the Kings , though it da●ted the Cardinall for a while , yet he soone recovered his Spirits , and now as peremptory afterwards as he had been before . After this , the Parliament was prorogued till the tenth of Iune ; during with prorogation , the Common people said to the Burgesses , we heare say , you will grant foure shillings of the pound , we advise you ●o doe so , that you may goe home ; with many like threatnings . At this time , the Cardinall by his power Legant me , dissolved the Convocation at Pauls , convoked by the Archbishop of Canterbury , calling him and all the Clergy , to his Convocation at Westminster : which was never seene before in England ( saith Hall. ) The one and thirtieth of Iuly , the Parliament was adjourned to Westminster , and there continuing till the thirteenth of August , was that day at nine of the clock at night dissolved . About this time , the Bishop of Durham died , and the King gave that Bishoprick to the Cardinall ; who resigned the Bishoprick of Bath to Doctor Iohn Clerke , Master of the Rolles , and Sir Henry Marney , that was Vice-chamberlain , was made Lord Privy Seale , and shortly after , was created Lord Marney : also during this Parliament , Sir Arthur Plantagenet , bastard sonne to King Edward the fourth at Bridewell , was created Vicount Lisle ; in right of his wife who was wise before to Edmund Dudley , Beheaded . The fifteenth of Iune ; in the fifteenth yeere of the Kings Reigne , Christian King of Denmarke with his Queene ; driven out of his own Country , came into England , and was lodged at Bath place ; who after , he had been feasted by the King and by the Citty of London , and received great guifts of both , returned again into Flanders , where he remained as a banished man : some yeers after , King Henry sent Doctor Henry Standish , Bishop of Saint Assaph , and Sir Iohn Baker Knight , into Denmarke , to perswade the people to receive him againe into his Kingdome ; but they could not prevaile , he was so much hated for his cruelty . About this time , the Earle of Kildare having recovered againe the favour of the Cardinall , was sent Deputy into Ireland , as he had bin before , where he reduced the wilde Irish to indifferent conformity . All this while had England warres both with the French and with the Scots . In Scotland the Marquesse of Dorset threw downe the Castles of Wederborne , of Nesgate , of Blackater , of Mackwals , and burnt to the number of seven and thirty Villages , yet never came to skirmish . In France , the Lord Sands , Treasurer of Callice , with twelve hundred men went before Bulloigne , where he skirmished with the Enemie ; and after taking divers Churches and Castles in the Enemies Countre● , returned backe to Callice , with the losse onely of a dozen men . King Henry being advertised that the Duke of Albanie was providing of Forces in France , with which to returne into Scotland , sent forth his Vice-admirall Sir William Fitz-williams , with divers great Shippes to intercept him ; but when he could not meet with him , he then landed in the Haven of Trepor● ; where with seaven hundred men , hee beat six thousand French that sought to impeach his landing , took their Bulworks and much Ordnance in them● burned the suburbs of the town of Treport , and all in five houres , and then returned . All this while King Henry had but played with the French , but ●ow he means to be in earnest , and therefore sends over the Duke of Suffolk with an Army , the foure and twentieth of August ; attended with the Lord Montacute and his b●other Sir Arthur Poole , the Lord Herbert , sonne to the Earle of Worces●er , the Lord Ferrers , the Lord Marney , the Lord Sands , the Lord Barkley , the Lord ●owis , and the Baron Curson , Sir Richard Wink●●eld , Chauncellour of the Duchy of Lancaster , Sir Iohn Vere , Sir Edward Nevile , Sir William Kings●on , Sir Richard Weston , Sir Andrew Winsore , Sir Robert Winkfield , Sir Anthony , Winkfield , Sir Edward Guildford , Sir Edw : Grevile , Sir Edw : Chamberlaine , Sir Thomas Lucy , Sir Everard Digby , Sir Adrian Foskew , Sir Richard Cornwall , Sir William Courtney , Sir William Sidney , Sir Henry Owin , sand many other Knights and Gentlemen . In the whole Army were six hundred Demylaunces , two hundred Archers on Horsback , three thousand Archers on foo● , and five thousand Bilmen . Also seventeen hundred taken out of the Garrisons of Hammes , Guysnes , and Callice , in all , ten thousand and five hnndred , besides two thousand six hundred labourers and Pioners . With this Army the Duke of Suffolk took the field , his vauntguard was led by the Lord Sands ; Cap●aine of the right wing , was Sir William Kingston ; of the left , Sir Everard Digby , Captain of all the Horsmen was Sir Edward Guildford , Marshall of Callice ; the Duke himselfe led the Battaile , and Sir Richard Winkfield the Reareward . The Dukes first enterprise was the winning of Bell Castle , which the Lord Sands and the Lord Ferres assaulted , and had it yeelded to them : and then Sir VVilliam Skevington was placed Captaine in it . At this time , the Duke of Bourbon , high Constable of France , began to have his mind aliena●ed from the King of France , and ●o draw him the more on , the Duke of Suffolk sent Sir Iohn Russel ( afterward created Duke of Bedford ) to him , who passing in disguised apparell , so prevailed with him , that he professed to take part with the Emperour , and the King of England , who having ten thousand Almans in his pay : it was thought fit ( for encourag●ment of the English ) to proclaime in the Army , the accesse of so powerfull an assistant : and therupon the Duke of Suffolk removed to Ard , and so forward into Picardie . At Cordes between Terwyn and Saint Omers , there came to him the Lord of Isilst●yn , and with him of Spaniards , Almans and others , three thousand Foot-men , and five hundred Horse . With these forces , the Duke marching on , took first the rich Town of Anchor , then the Castle of Bounguard , and then by assault the Towne of Bray , though two thousand good men of war were in it . After this , the Towres of Cappe and Roy , Lihome and Davenker , and then came before ●he Towne of Mount-Dedyer , in which were a thousand foot and five hundred horse ; yet upon Sir William Skevingtons Batteries , was yeelded to him . From hence he removed to Roy , where he rested a while with hi● whole Army : and there on Alholland-day , in the chiefe Church of Roy , made Knights , the Lord Herbert , the Lord Powis , Oliver Manners , Arthur Poole , Richard Sands , Robert Ierningham , Robert Salisbury , Edward Beningfield , Richard Corbet , Thomas Wentworth , William Storton , Walter Mantel , George Warram and Edward Seymour ( that was after Duke of Somerset . ) The day after , the Army removed to a place called Neele , from thence to Veane , and then ●o Beauford , where the Duke made Iohn Dudley , and Robert Vtreight Knights , and from thence on the eighth of November to a place called Mount Saint Martin ; here the Welshmen began to murmure , that they might not returne home , the winter being so far spent ; but there was to the number of a thousand persons , under the leading of Sir Iohn VValloppe , who having no wages , but what they could got by booties , and were therefore called Adventurers , and by some Kreekers , and these had more desire to stay , then the VVelshmen had to be gon ; for the great gaines they made , by the spoyles of so many Townes that were taken . The thirteenth of November , the Duke removed to a place within two miles of Boghan Castle , defended by great Marishes , that lay before it , but the frost being at that time so great that many lost their fingers and toes with cold , and some died ; Sir Edward Guildford acquainted the Duke , that he thought the marishes were hard enough frozen to beare great Ordnance ; whereupon , the Duke bid him venture it then and goe on , which he resolutely did , and had the Castle presently delivered up to him . In this meane time , the King hearing in what state the Army stood , had prepared six thousand men to be sent to the Duke for a reliefe , under the leading of the Lord Montjoy ; but before they could be put in order to passe the Sea , the Duke , partly by extremity of the weather , and partly by the murmuring of the Souldiers , was constrained to breake up his Army , and returne to C●llice . In this meane time , the Scots knowing that the strength of England was gone into France , tooke boldnesse to invade the Marishes ; but then the Earle of Surrey , Treasurer and high Admirall of England , with six thousand men , being sent against them , tooke divers of their Castles and Holds ; and at Yedworth , skirmishing with a great Garrison of Scots , overthrew them , and tooke and burned both the Towne and Castle . And now the French King finding that the Scots did not worke any great trouble to the English , whereby to keepe them from molesting of France , and thinking it to be for want of the Duke of Albanies presence , whom they accounted their Governour ; he therefore prepared a Navie of Ships to transpo●t him into Scotland ; but when the Duke of Albany heard that Sir William Fitz-williams was sent with a great Fleet to stop his passage , he brought his Ships into the Haven of Brest , and gave it out that he would not goe into Scotland that yeere ; which being told to the King of England , he commanded that his Ships also should be laid up in Havens , till the next spring . And now see the cunning of the Scot ; for when he saw the Kings Ships discharged , he then boldly tooke shipping himselfe , and sailed into Sc●tland ; whither being come , he presently levied a great Army , and approached the English Borders ; but when he heard the Earle of Surrey was coming against him with a mighty power , he then sent a Her●uld to him● promising of his honour , to give him Battaile ; and if he tooke him prisoner , to give him good quarter . To whom the Earle answered , that he would not faile to abide his Battaile ; but if he tooke him prisoner , the quarter he would give him , should be to cut off hi● head , and send it for a Present to his Master the King of England . At this time , to the Earle of Surrey being at Alnewicke , came the Earles of Northumberland and VVestmerland , the Lords Clifford , Dacres , Lumley , Ogle and Darcye , with many Knights , Gentlemen and other Souldiers , to the number of forty ●housand ; and from the Court , came the Master of the Horse , Sir Ni●holas Carew , Sir Francis Bryan , Sir Edward Baynton , and others . The last of October , the Duke of Albonye sent two or three thousand men over the water to bes●edge the Castle of VVarke ; who by battery of their Ordnance won the ou●ermost Ward , called the Barnekins ; and continuing their battery , won the second Ward ; but then Sir William Lisle , that was Captaine of the Castle , issuing forth with those few he had left , drove the Fr●nch-m●n from the place , and slew of them to the number of three hundred : a memorable service , and for which the Earle of Surrey afterwards gave him great thankes . The Earle would gladly have followed his enemies in●o their owne Borders , but that his Commission was onely to defend England , and not to invade Scotland . Shortly after the Quee●e of Scots , Mother to the King , sent to her Brother the King of England , for an abstinence from Warre , till a further communication might be had ; which being gra●●ed , the English Army brake up , and the Earle of Surrey returned to the Court. And now for a while we must be co●●ent to heare of pet●y Occurrances , because greater did not happen ; which if it make us like the Story the worse , it may make us like the times the better ; seeing they are ever the best times that afford lest matter to be talked of : but this time will las● but a while ; for shortly we shall come to hear Occurrances , that have been matter of talk to this day , whereof the like have never scarce been seen , and will hardly be beleeved , when they are heard ; a Marriage dissolved after twenty yeeres co●summation ; houses built in Piety ; under pretence of Piety demolished ; a King made a captive● a Pope held a prisoner● Queenes taken out of love , put to death out of loathing ; and the Church it selfe so shaken , that it hath stood in distraction ever since . At this time , the Emperou● Charles sent to the King of England two M●ses trapped in crimson Velvet , richly embridered ; also eleven goodly Je●its , trapped with russe● Velvet , richly wrought ; foure Speares and two Javelins of strange timber , and worke richly garnished ; and five brace of Greyho●nd● . To the Queene he sent two Mules richly trapped and high Chai●es after the Spanish fashion : which Presents were thankfully received both of the King and Queene . At this time in the moneth of October , the Cardinall sent out Commissions , that every man being worth forty pounds , should pay the whole Subsedie before granted , out of hand ; which he called an Anticipation : which fine new word , he thought would make them pay their money the more willingly ; but they loved their money better then any words he could devise . In this yeere the King sent the Lord Morley , Sir VVilliam Hussey , knight , and Doctor Lee his Almoner , to F●rdinand Archduke of Austria , with the Order of the Garter ; which he received in the towne of Norimberg , to his great contentment . In this yeere , through Bookes of Prognosticat●ons , foreshewing much hurt to come by waters and ●●oods , many persons withdrew themselves to high grounds , for feare of drowning ; specially one Bolton , Prior of Sain● Barthol●mewes in Smithfield , builded him an House upon Harrow on the Hill , and thither wen● and made provision for two moneths . These great waters should have fallen in February , but no such thi●● happeni●g , the Astronomers excused themselves , by saying , that in the computa●ion they had miscounted in their number an hundred yeeres . In this meane time , many enterpri●es were attempted , betweene the Englishmen of Callice , and Guy●●es , and the Frenchmen of Bulloigne , and the Fro●●tiers of Picard●● , and still Sir VVilliam Fitz Williams , Captaine of Guysnes , Sir Robert I●rningham , Captaine of Newnham Bridge , Sir Iohn Walloppe , and Sir Iohn Gage , were the men that did the French most hurt . This yeere , the first of September , was Docter Thomas Hannibell Master of the Rolles , receaved into London , by Earles , Bishops , and diverse Lords and Gentlemen , as Embassadours from Pope Clement : who brought with him , a Rose of gold for a present to the King● & on the day of the Nativity of our Lad● after a solemne Masse sung by the Cardinall of Yorke , the said present was delivered to the King , which was a Tree forged of fine Gold , and with branches , leaves , and flowers resembling Roses . About the beginning of Winter , the advent●rers called Kr●ekers , being not above two hundred ; and of them , five and twenty horsmen , made an attempt to fetch some booty from a Village not farre from Mattrell , wherof the Earle of D●mmartine having notice , he set upon them with a far greater number , and slew most of them , and this was the end of the Kreekers , as brave men as ever served any Prince . In December this yeere , there came to London diverse Embassadours , out of Scotland , about a peace to be had● and a mariage to be concluded , between the King of Scots , and the Lady Mary daughter to the King of England . At this time , the Lord Leonard Gray , and the Lord Iohn Gr●y , brothers to the Lord Marquesse Dorset , Sir George Cobham sonne to the Lord Cobham , VVillia● Carye , Sir Iohn Dudley , Thomas VVyat , Francis Poynts , Francis Sid●●y , Sir Anthony Browne , Sir Edward Seymor , Oliver Manners , Percivall Hart , Sebasti●● Nudigat● , and Thomas Calen , Esquires of the Kings Household ; made a challenge of Arms against the Feast of Christmas , which was proclaimed by Windsor the Herauld , and performed at the time appointed very Nobly ; at Tilts , T●rneys , Barriars , and the assault of a Castle erected for that purpose , i● the Tilt-yard at Greenwich , where the King held his Christmas that yeer , with great State and magnificence . About this time , Iohn Iokyn Steward of the Household to the French Kings Mothe● , came into England , and was received in secret man●er into the House of one Doctor Larke , a Prebrendary of Saint Stephens ; who oftentimes talked with the Cardinall , about a Peace to be concluded between the two Kings of ●ngland and France , of whose often meetings , Monsieur de Brate the Emperours Embassadour , grew very jealous . The four and twentieth of Ianuary , Monsie●r Brynion President of Roan , came to London as Embassadour from the French King , and was lodged with the said Iohn Iokyn , which small things should not be related , but that they were preparatives to great matters afterward . On Sunday the fifth of March , were received into London Monsieur de Beuer Lo●d of Campher , Admirall of Flanders , Monsieur Iohn de la Coose President of 〈◊〉 , & Master Iohn de la Gache , as Embassadours from the Lady Margaret in the name of the Emperour , who required three things . First they demanded the Lady Mary the Kings only daughter , to be presently delivered , and she to be n●●ed Empresse , and as Governesse take possession of all the Low-Countryes . Secondly , that all such summes of money as the King should give with her in ma●riage , should be paid incontinently . Thirdly , that the King of England should passe the sea in person , and make Warre in France the next Summer . The ●●rst two demands were not agreed too for certaine causes ; and as to the third , the King said , he would take time to advize . On Thursday the ninth of March , a Gentleman came in Post from the Lady Margaret , with Letters signifying , that whereas the King of France had long lyen at the siege of Pavia ; he had now been forced to raise his siege , and was himselfe taken prisoner by th● Imperialests● for joy whereof , Bonfires and great Triumph was made in 〈◊〉 , and on the twentieth of March being Sunday , the King himselfe came to Pauls , and there heard a solemne Masse . But for all this shew of joy , it was thought if the King of France had not now been taken prisoner ; that the King of England would have joyned in amity with him , as being angry with the Fle●●●gs , for Inhau●●ing his Coyne in Flanders , which caused much money to be con●ayed out of England thither . The King of France being taken prisoner , was after some time convayed into Spaine , and at last brought to Madrill , where he ●ell so sicke , that the Physitians had little hope of his life , unlesse the Emperour would be pleased speedily to visit him ; upon whose visitation he recovered his health , though not presently his strength . In which time , many propositions were made for his delivery , but the Emperour would accept of ●one , without restitution of the Dutchy of Burgoigne . At last , the French King weary of imprisonment , and longing for liberty , was content to agree to any conditions● the chiefe whereof were , that the French King by a certaine day should be set at liberty , and within six weeks after should resigne to the Emperour the Dutchy of Burgoigne , with all Members pertayning to it ; and at the ●ame ●●stant , should put into the Emperours hands , the Dolphyn of France , ●nd with him , either the Duke of Orleance his second sonne : or else twelve pri●cipall Lords of France , whom the Emperour should name ; and that there should be between them a League and perpet●all co●federation fo● defence of their estates . Of whose attonement when King Henry heard , as before he had expressed gladnesse , that he was taken prisoner , so now he sent Sir Thomas Cheiney to him , to expresse his joy for being set at liberty ; so suddaine is the enterchange of love and hate amongst great Princes . The French King being thus delivered , the Emperour married the Lady Isabel , Daughter to Emanuel King of Portingal ; and ●ad with her in Dower eleven hundred thousand Ducke●s● though three yeers before being at Windsor , he had covenanted to take to wife the Lady Mary King Henries Daughter . At this time Cardinall Woolsey obtained licence of the King to erect a Colledge at Oxford , and another at Ipswich ; and towards the charge of them , got leave also , to suppresse certaine small Monasteries , to the number of forty ; and after , got a confirmation of the Pope , that he might imploy the Goods and Lands belonging to those Houses , to the maintenance of those two Colledges ; a perni●ious president , and that which made the King a way afterward , to make a generall suppression of all religio●s Houses , though indeed there be great difference between converting of Monestaries into Colledges , and utter subverting them . In March King Henry sent Cuthert Tunstall Bishop of London , and Sir Richard Winkfield Chancelour of the Du●chy of Lanc●ster into Spaine , to conferre with the Emperour , about matters of great importance , and particularly about Warre to be made in France , and yet were these two Princes at this time in League : but he that shall observe the carriage of these three Princes towards one another , and how convertible their Leagues were into Warre , and their Warre into Peace ; shall finde it a strange Riddle of Ragion di stat● , and their Leagues to have been but meere complements , where the skale was turned with the least graine of a circumstance ; and though they were bound by Oath , yet that Oath made the Leagues but little the firmer , seeing the League might be broken , and yet the Oath kept : for while one gave the occasion , and the other took it , though they were both accessaries , yet neither was principall ; and where there is not a principall , the Oath remains inviolate . And upon those Hinges did the friend-ship of these Princes turne , as at this time ; the Emperour , though not long before , he had parted with the King of England , in the greatest kindnesse that could be ; yet gave not the English Embassadours so kinde entertainment now , as he had formerly done ; but for what cause was not apparent , unlesse upon some sinister report made to him , by Monsieur de Prate ; who having been his Ligier with the King of England , was without taking leave of the King departed , and come to the Emperour before the English Embassadours came . But howsoever , King Henry being determined to make Warre in France himselfe in person , his Councell fell into consideration how the charge of the Warre should be maintained : which care the Cardinall takes upon him ; and thereupon appoints Commissioners in all Shiers , to sit and draw the people to pay the sixth part of every mans substance , in plate or money : but the people opposed it , alleadging that it was against the Law of the Realme , for any man to be charged with such payments , unlesse by Parliament : and as the Cardinall continued to presse it , so the people continued to denye it ; and when some for denying it were committed to prison , the Commons in many Countryes , made great assemblies for their defence : the report whereof at last came to the King , who thereupon came to VVestminster and protested openly , that it was done without his knowledge , and that it was never his meaning , to ask any thing of his Subjects but according to Law : and therefore desired to know by whose Authority it was done . Here the Cardinall excused himselfe and said , that it was the opinion of all the Judges , and of all his Councell , tha● he might Lawfully demand any summe , so it were done by Commission , and thereupon it was done . But the King liked not to take advantage of a distinction to draw money from his Subjects ; and thereupon gave warning for doing any such thing hereafter : and signified so much by his Letters into all the Shiers of England giving also a generall pardon to all that had offered to rise upon it ; which though he did of his owne free grace , yet the Cardinall to win a good opinion in the Commons , gave out , that it was by his meanes the King granted the pardon . King Henries seventeenth yeer , was honoured with the advancing of many in honour , for on the eighteenth of Iune , at his Pallace of Bridewell , the Kings sonne ( which he had by Elizibeth Blunt daughter to Sir Iohn Blunt Knight ) called Henry Fitz-Roy , was created first Earl of Nottingham , and after on the same day Duke of Richmond and Somerset , Henry Courtney Earle of Devonshire was created Marquis of Excetur , the Lord Brandon , sonne to the Duke of Suffolke and the French Queene ( a child of two yeers old ) was created Earle of Lincolne , Sir Thomas Manners Lord Rosse , was created Earle of Rutland , Sir Henry Clifford , was created Earle of Cunberland , Sir Robert Ratcliffe Lord Fitz-Water , was created Viscount Fitz-VVater , and Sir Thomas Bullen Treasurer of the Kings Houshold , was created Viscount Roch●ord . At this time the French Kings mother , as then Regent of France , procured by her Embassadours , at first a Truce , and afterward a peace with England , which was proclaimed in London , the eighth of September . By the covenants of which peace , the King of England should receive at certaine dayes , twenty hundred thousand Crowns , which in sterling money amounted to the summe of foure hundred thousand pound ; whereof fifty thousand was to be paid in hand . Sir VVilliam Fitz-Williams and Doctor Talour , was sent to the Lady Regent , to take her corporall oath , and likewise King Henry the foure and twentieth of Aprill , at Greenwich , in presence of the Embassadours of France , Rome and Venice , tooke his corporall oath , to observe the peace betweene him , and his loving brother the French King , during his life , and one yeer after . In this winter was great mortality in London , so as the Terme was adjourned , and the King kept his Christmas at Eltham , with a small number , and was therfore called the still Christmas . At which time , the Cardinall comming to the Court , took order for altering the state of the Kings House : many officers and other servants were discharged , and put to their pensions , in which number were foure score and foure Yeomen of the Guard : who before having had twelve pence the day with check , were now allowed but six pence the day without check , and commanded to goe into their Countries . On Shrovetuesday this yeere , a solemne Justs was held at Greenwich , the King and eleven other on the one part , the Marques of Excetur and eleven other of the other part . In his nineteenth yeer , King Henry kept a solemne Christmas at Greenwich , with Revels , Maskes , disguisings , and Banquets , and the thirtieth of December and third of Ianuary were solemne ●usts holden , when at night the King and fifteen other with him , came to Bridewel , and there putting on masking apparel , took his Barge , and rowed to the Cardinalls place , where were at supper many Lords and Ladyes , who da●ced with the maskers , and after the dancing was made a great Banquet . This Christmas was a play at Grayes-Inne , made by one Master Roe a Sergiant at Law , the effect whereof was , that Lord Gouvernance was ruled by dissipation and negligence , by whose evill order Lady Publick-Weale was put from governance . This the Cardinall took to be meant by him , and therupon se●t the said Master Roe to the Fleet , though the Play were made long before the Cardinall had any authority : by which we may see how inseperable a companion suspition is to a guilty conscience . The fourteenth of Ianuary came to the Court Don Hugo de Mendoza , a Grande of Spaine , as Embassadours from the Emperour to the King , with a large commission , to make King Henry Judge ; how just the conditions were , which the Emperour required of the King of France , and about this negotiation ●arried two yeers in England , so desirous the Emperour was to continue good correspondence with the King of England . On Shrovetuesday the King and the Maquesse of Excester with others , in most sumptuous attire came to the Tilt , and ran so many courses , till two hundred fourescore and six Speares were broken ; and then disarming themselves went into the Queenes Chamber , where a sumptuous Banquet was provided . But this Banquet was one of the last of the Queenes preparing ; for hitherto there had been no exception taken to the lawfulnesse of her marriage , but now came over Embassadours from the King of France , requiring to have the Kings Daughter the Lady Mary , to be given in marriage to the Duke of Orleance second Sonne to their Master the French King , wherein they that were the suitors for it , were the hinderers of it ; for amongst them was the President of Paris , who made a doubt , whither the marriage betweene King Henry and the Lady Katherin of Spaine , having been his Borthers wife , were lawfull or no : But howsoever , the French Embassadours at Greenwich on Sunday the fifth of May , in the name of their Master the French King , took their O●thes to observe the League concluded betweene them during their lives . And shortly after were sent Sir Thomas Bullen Viscount Rochford , and Sir Anthony Browne Knight , as Embassadours to the King of France , to take his Oath in person for performance of the League . But enough of small Occurrances , and indeed there will be Occurrances now more worthy to be related , but more lamentable to be heard ; for now the Duke of Bourbon Generall of the Emperours Army in Italie , was slaine by a shot from the Walls of Rome , as he was passing by ; upon whose death , the Army entred and sacked the City , made the Pope flye to the Castle of Saint Ang●lo , and there cooped him up ; abused the Cardinals , and put them to grievous ransomes , spared neither Sacred places , nor Religious persons , but commit●ed all manner of barbarous and inhumaine cruelty . These insolencies of the Emperours Army committed against the Pope ; ●ogether with the hard conditions the Emperour had imposed upon the King of France , for setting him at liberty ; and the Emperours breach of promise , in not marrying the Lady Mary King Henries Daughter , were the apparent causes of King Henries breaking League with the Emperour Charles : but a more enforcing though concealed cause perhaps was the growing greatnesse of the Emperour , by his acquests in Italie and other places ; enough to breed a jealousie in all neighbouring Princes ; and indeed King Henry had some cause to thinke the Emperours spirits were grown higher with his Victories , seeing where before he was wont alwayes to write letters to King Henry with his own hand , and subscribe them , your son and faithfull friend , now after his Victories in Italie , he caused his Secretaries to write them , subscribing only Charles . And yet a more pressing cause though not avowed , might be the Cardinalls spleene against the Emperour , for denying him the Bishopricke of Toledo in Spaine . But which soever of these was the predominant cause , all of them together made a cause sufficient for King He●ry to fall off from amity with the Emperour ; and his falling off from the Empe●our , cause sufficient ●o fall in with the King of France : and thereupon , the two Kings send their severall Heraulds to the Emperour : King Henry Clarentiu● , the French King his Herauld Guyen , to expostulate their grievances with the Emperour , and he refusing to returne a satisfactory answer , to defi● him as their enemy . The Emperour heard the Heraulds with great temper , and answered Clarentius very mildely ; that he knew his Masters grievance was grounded upon misinformation , wherein he would shortly rectifie him by his Letters , as desiring nothing more then to continue his friend ; but ●uyen hee answered rougly , bidding him tell his Master that he had broken his faith , in not performing the Covenants agreed upon for his liberty ; and with these answers dismissed them , only Guyen not thinking it fit to deliver his answer , being in such termes by word of mouth , obtained to have it sent in writing . The Heraulds being returned home , and delivering the answers ; the King of France was so incensed , to be charged with breach of faith , that soone after he sent another defiance to the Emperour , telling him in plaine tearmes , that he lyed in his throat ; and thereupon challenged him the Combate , requiring him to appoint the field , and himselfe would the weapons . The Emperour accepted the chalenge , but other occurrances intervening , hindred the performance . In this meane time , the Cardinall was appointed to go Embassadour to the King of France ; carrying with him twelve score thousand pounds , to be employed by the French King , and other the confederates ; in a Warre against the Emperour , who the eleventh of Iuly took shipping at Dover , and landed that day at Callice ; with whom was Cut●ert Tuns●all Bishop of London , the Lord Sands Chamberlaine to the King , the Earle of Derby , Sir Henry Guild●ord , Sir Thomas Moore , with other Knights and Gentlemen , in all to the number of twelve hundred horse . At Amynes he was received by the French King himselfe , and by his Mother , and by all the chiefe Peers of France . By whom it was agreed , that Articles of Accord should be offered to the Emperour ; which if he refused , then the French King should marry the Lady Mary King Henries Daughter , and they both to be enemies to the Emperour . These things concluded , the Cardinall returned , and on the last of September came to the King at Richmond . In October following , there came Embassadours from the French King , to take King Henries Oath , for obseruing the League with the King of France : and on Sunday the tenth of November , King Henry at Greenwich received the Order of Saint Michael , by the hands of the Lord Ann●s de Memorancye great Master of the Kings Household ; and Monsieur Humieres : as likewise the same day at Paris the French King received the Order of the Garter by the hands of the Lord Li●le , Doctor Taylor Master of the Roles , Sir Nicholas Carew Master of the Kings horse , Sir Anthony Browne and Sir Thomas Wriothslye Knight , otherwise called Garter king of Armes , who were sent thither with the whole Habit , Coller and other habiliments of the Order . Upon King Henries defiance of the Emperour in the French Kings quarrell , English Merchant● their ships and goods were attached in Spaine , and in the Low Countries , as likewise all Spanish & Flemish Merchants were attached here ; which being very detrimentall to both Nations ; at last , by mediation of Hugo de Mendoza , the Emperours Embassadour Legier , a reconcilement was made , and free traffique betweene the Nations was revived . In this twentieth yeer , on the two and twentieth of February : Sir Piers Butler of Ireland , was created Earl of Oscry . And now King Henry began to be troubled in mind about his marriage with Queen Katherin , but whether his trouble of minde grew for scruple of conscience , or from desire of change , was by many men doubted ; some thought he had set his affection upon the Lady Anne Bullen whom afterward he maried , and to make way for that mariage , moved his scruple , that he might be divorced ; but this is not likely , for he maried not the said Lady , til above three yeers after this doubt had bin moved ; and three yeers was a long time to have affection be delaid , which comonly is impatient of any delay : if King Henries own protestation may be taken , it was very scruple of conscience that troubled his mind ; but then by what meanes this scruple came first into his ●ead , is another doubt ; some thought it was first moved by his confessor , Doctor Longland telling him , that the mariage with the relict of his Brother , could not be lawful ; but neither is this likely , for Doctor Longland was not like to tel him so , who knew the mariage had been made by dispensation from the Pope , an authority in that time beyond exception ; some thought it was a plot of VVoolseis , thereby to make variance between King Henry and the Emperour , with whom he was at varience himself , and for spleen to the Nephew , he revenged upon the Aunt ; but neither is this likely● or els the Cardinall was much deceived in his plo● ; for though the Emperor laboured Milan and some other Vniversities , to forbeare giving sentence against the mariage , yet he continued amity with King Henry , as much afterward as before ; if we wil beleeve the King himself , it was the President of Paris , comming Embassadour from the King of France , that ●irst moved it , upon a proposition of mariage betweene the Lady Mary , King Henries daughter , and the Duke of Orleance , second sonne to the French King : but by what meanes his scruple had beginning , King Henries desire was now it should have an ending , and that the matter might be debated with indifferency ; he allowed the Queene to make choyce of what councell she thought best ; who thereupon chose William Warham Archbishop of Canterbury , and Nicholas West Bishop of Elye , Doctors of the Law ; Iohn Fisher Bishop of Rochester , and Henry Standish Bishop of Saint Assaph , Doctors of Divinity , with many other ; and in the mean time , sent to all the Vniversities in Italie & France to have their opinions , but specially to the Court of Rome , desiring the Pope ●o send his Legat to hear the cause ; who thereupon sent Cardinall ●ampeius , and joyned Cardinall Woolsey in Commission with him . The place appointed for the Cardinalls to sit and to heare the cause , was at the Black-friers : where in the great Hall preparation was made of seats , and all things necessary for such a session . Amongst other Officers of the Court , Stephen Gardiner ( afterward Bishop of Winchester ) ●ate as chiefe scribe . The Court being set , the Judges comm●nded silence , whilst their Commission was read ; which done , the Scribes commanded the Cryer to call the King , by the name of King Henry of England , come into the Court ; who answered , Here : then called he the Queen , by the name of Katherine Queen of England , come into the Court : the Queen though present , yet answered not , but rising from her seat , went to the place where the King sat , and kneeling down , said in effect ; Sir , I humbly desire you to take pity upon me , for I am a poor woman & a stranger , & have here no indifferent Councel , where all are your Subjects , and lesse assurance of friendship when they all depend upon your favour ; I have bin your wife these twenty yeers , and have borne you divers children , if you can charge me with dishonesty or undutifulnesse , I am content to depart from you to my shame ; but if you cannot , I then desire you to do me justice , and to spare me untill I may know what councel my friends in Spain will give me ; but if you will not , then your pleasure be fulfilled : and having so said , she rose up , and making a low cursie , departed . The King being advertised that she was going out of the House , commanded the Cryar to call her again ; who there upon called her , saying , Katherine Queen of England come into the Court , which her Gentleman-usher Master Griffith hearing , told her , Madam , you are called ; wel ( said she ) it makes no matter , I will not tarry , go your way : and thus she departed , and never after would appear in any Court , but appealed from the Cardinals to the Pope himselfe . The Queen being gone , the King said , I confesse she hath bin to me , the most dutifull and loving wife , that ever Prince had ; and if it were ●ot for this scruple of my conscience , I would not leave her for any woman living : and having now referred the judgement of the cause to these Commissioners , I should be most glad they could finde the marriage between us to be in such sort lawfull , that with obedience to the Law of God , we might continue together ; for I take God to witnesse , there is nothing I more desire . This said , the King rose , and the Court was adjourned to another day ; for notwithstanding the Queens Appeal ( from which she would by no meanes be drawn ) the Cardinals continued their Session weekly , & heard all of both sides : the Point that was chiefly stood on , was , whether Prince Arthur had ever had carnall knowledg of her , or no ; the Kings Councell alleadged , he had , and proved it ; first , by Prince Arthurs speech , the nex● morning after his mariage , that ●e had bin that night in the midst of Spain ; and then by the words of the last Dispensation , Vel forsan Cognitam : the Queens Advocates alleadged the contrary ; appealing to the Kings owne conscience ; whom the Queene charged that he knew her to be a Virgin when he married her ; ( though , to say the truth , i● were strange , Prince Arthur and she having lyen five moneth together , and hee no lesse then almost sixteene yeeres old . ) But whilest Arguments were thus urged on both sides , and no certainty could appeare ; the King sent the two Cardinals to the Queene , lying then in Bridewell , to perswade her , she should submit her selfe to the Kings pleasure , and not stand so peremptorily to her Appeale . The Cardinals coming to her found her at work amongst her Maids , with a skaine of white thred about her necke : who having heard their message , answered , That in all other things she would willingly submit her selfe to the Kings will , but in this which concerned her honesty , and the legitimatenesse of her children , she durst not , but would relye upon the wisdom and pietie of both their Fathers , who ( she knew ) would never have assented to the marriage , if there had bin the least scruple of unlawfulnesse in it ; and othe● answer she would not give . Upon their returne to the King , when he perceived she could not be removed from her opinion ; he commanded the Court to goe on ; so that at last it came to judgement , which every man expected should be the next day . At which day the King came thither ( but in so secret manner that he might heare and not be seene ) where the Kings Councell at the Barre calling for Judgement ; Cardinall Campeius , as being chiefe Commissioner , stood up and said ; I finde the case very doubtfull , and the party Defendant standing to her Appeale , I will therefore give no Judgement , till I have conferred with the Pope ; and therefore I adjour●e the Court for this time , according to the order of the Court of Rome , which heares no Causes judicially from the last of Iuly till the fourth of October ; at which protraction of time , King Henry was not a little angry , and the Duke of Suffolk being present , in a great rage said ; it was never merry in England , since we had Cardinals amongst us . Soon after this , the Cardinall tooke his leave of the King , and returned to Rome : he was indeed commanded so to doe by the Pope , who would else most willingly have gratified King Hen●y , that had bestowed upon him the Bishoprick of Salisbury . Whilst these things were in acting , Cardinall Woolsey had an inkling of the Kings affection to Anne Bullen , daughter of the Viscount Rochford ; and that the Divorce once passed , he ment to marry her ; which Match , because for many reasons , he misliked ; one perhaps , because she was a Lutheran , he sent privily to the Pope , that by no means he should give sentence for the Divorce , till he had framed the Kings minde another way ; for his desire was , that the King should marry the Dutchesse of Alanson , the French Kings sister . This packing of Woolsey was not so closely carried , but that it soone came to the Kings knowledge ; and the King finding him a rubbe in his way , whom he expected to have expedited his proceeding , began to thinke it necessary to remove him , and to take him off from that greatnesse which had made him so presuming ; and indeed he made short worke with him ; for soone after he sent the Dukes of Norfolke and Suffolke to him for the Seale , which yet he would not deliver to them , till they brought him a Warrant under the Kings owne hand . When the Seale was brought to the King , he delivered it to Sir Thomas Moore , Speaker then of the Parliament ( the first Lay-man that bore that Office in any memory ; ) and in his roome was chosen Speaker Thomas Audley , Attourney of the Dutchie . Woolsey now removed from his Chauncellourship ; was in the Parliament then holden , charged with points of treason ; but that charge was so cleerely taken off by his servant Thomas Cromwell , who was then of the House , that the Cardinall was acquitted , to the great commendation of Cromwell , both for abilities in himselfe , and faithfulnesse to his Master . After this , the King being informed , that all those things which the Cardinall had done by his power Legantine , were within the case of Praemenire ; he caused his Attourney Christopher Hales to sue out a Praemunire against him ; and thereupon the two Dukes of Norfolke and Suffolke were sent unto him , to let him know , the Kings pleasure was , he should goe to Asher , a House neere to Hampton-Court , belonging to his Bishopricke of Winchester , and there to reside : whereupon , the Cardinall having first delivered up all his Moveables to the Kings use ; ( the greatest store and richest that was ever knowne of any Subject ) went presently to Putney by water , and from thence rode to Asher , where he and his Family continued three or ●oure weekes , without either Bed , Sheetes , Table-loathes or Dishes to eat their meat in , or money wherewith to buy any , but what he was forced to borrow of the Bishop of Carlile . After this , his matter for the Praemunire being called upon in the Kings Bench , his two Atturnies confessed the Action , and thereupon had Judgement to forfeit all his Lands and Goods , and to be out of the Kings protection ; but the King of his clemency , sent him a sufficient Protection , and left him the Bishopricks of Yorke and Winchester , with Plate and stuffe convenient for his dignity . His Bishopricke of Duresme was given to Doctor Tunstall , Bishop of London ; his Abbey of Saint Albans to the Prior of Norwich , and the Bishopricke of London to Doctor Stokestey , Embassadour then beyond the Seas . In this meane while , Margaret Dutchesse of Savoy , aunt to the Emperour , and the Lady Loyis Dutchesse of Angoulesme , Mother to the French King , met at Cambray to treat of a Peace between the Emperor , the Pope and the Kings of England and France , where were present Doctor Tunstall Bishop of London , and Sir Thomas Moore , then Chancelour of the Dutchie of Lancaster , Commissioners for the King of England : after long debating , through the diligence of the said Ladies , a Peace was concluded ; and was thereof called , The Womans Peace ; and was indeed as fickle as women , for it was soone broken , and neither of the Princes trusted the other ere the more for it . King Henry before this time had beene wholly ruled by the Cardinall and by the Clergie , but now growing sensible of that errour , he called his high Cour● of Parliament ; in which the Commons complained sharply of their grievances against the Clergie , specially in six things . The first , for that they exacted unreasonable summes of money , as due fees , for the probate of mens last Wils and Testaments : in so much , that Sir Henry Guildford Knight of the Garter , and Comptroller of the Kings House declared openly , that he and others being Executers to Sir William Compton ; payed for the pro●ate of his Will to the Cardinall , and the Archbishop of Canterbury a thousand markes . The second , the extreame exaction , which spirituall men used in taking of corps , or mortuaries . The third , that spirituall men became Farmours of great Granges and Farmes : to the prejudice of Husbandmen and Graziers . The fourth , because many Abbots , Pryors , and other spirituall men , kept Tan-houses , and bought and sold wooll , cloath , and other wares , as temporall Merchants . The fifth , because such Clergy men as had the best livings , would take the uttermost of their right , and yet live in the Court or in Noble mens or Bishops houses , where they spent nothing . The sixth , because diverse ignorant men amongst them , held ten or twelve Benifices to themselves severally , and yet lived not upon any one of them , but kept great schollers at small pension . These things before this time might not be touched , because the Bishops were Chancelours , and had all the rule about the King : but now the King looking better into ●he matter , gave way to these complaints : whereupon the Burgesses drew up three Bils ; one of the probate of Testaments , another for Mortuaries : and the third , for Non-residence , pluralities , and taking of farmes by spirituall men . The bill of Mortuaries , passed first the House of Commons , and was sent up to the Lords : within two dayes after , was sent up the Bill of probate of Testaments , at which the Archbishop of Canterbury , and a●l the Bishops much frowned , but specially Iohn Fisher Bishop of Rochester who rose up and said ; my Lords , you see what Bills come dayly from the Common House , and all is to the destruction of the Church , for Gods sake , consider what a realme Bohemia was , and when the Church went downe , then fell the glory of that Kingdome . Now with our Commons is nothing but downe with the Church ; and all this mee seemeth , is for lacke of faith onely . When these words were reported to the House of Commons , they tooke the matter very hainously , and thereupon sent their sp●aker Thomas Audeley , with thirty of the House , to the King , complayning what a dishonour to the King and to the whole Realme it was to say , that they which were elected for the wisest men of all Shires , should be charged to lack faith , which was all one as to say , they were Infidels and no Chrystians , so as what Acts or Laws soever they made should be taken as Laws made by Paynims and Heathen , and not worthy to be kept by Christian men . And therfore humbly besought his Majesty , to call the said Bishop of Rochester before him , to give accompt of the words he had spoken . Wherupon within few daies after , the King sent for the Bishop , and acquainted him with the Commons complaint against him ; who excused himselfe , by saying he meant the doings of the Bohemians was for lack of faith , and not the doings of the House of Commons ; of which excuse , the King sent word to the House by Sir William Fitz-Williams Treasurer of his houshold , but it pleased the Commons nothing at all . After divers meetings between the Lords and the Commons , about the Bils of probate of Testaments and Mortuaries , the temporalty laid to the spiritualty their owne lawes and constitutions , and the spiritualty defended them , by prescription and usage ; to whom a Gentleman of Grays-Inne made this answer , the usage hath ever been of theeves , to robbe on shooters hill ; is it therefore lawfull ? whilst these Bils were in debate , an Act was passed , which released to the King all such summes of money as he had borrowed at the Loane , in the fifteenth yeere of his Reigne ; which Bill at first was much opposed , but the most part of the House being the Kings servants , it was at last assented to , which once knowne in the Country abroad , made much murmering , and the Parliament to be ill spoken of ; for every man counted it as a sure debt , so as some made their Wils of the money , and some turned it over in satisfaction to their creditours . To qualifie which grievance , the King granted a generall pardon for all offences ( certaine excepted ) and was a meanes also to have the three Bils passed ; one for probate of Testaments , another for Mortuaries ; and the third , against plurality of Benefices ; Non-residence , buying and taking of farmes by spiritual persons , though this last with some qualifying . During this Parliament , the King created Viscount Rochford , Earl of VViltshire , the Vicount Fitz-VVater Earle of Sussex , and the Lord Hastings Earl of Huntington . By this time , the Lords of the upper House , had drawne certaine Articles against the Cardinall , and sent them downe to the House of Commons , the chiefe wherof were these . First , that without the Kings assent , he hath procured himselfe to be made a Legat , by reason whereof he tooke away the right of all Bishops and spirituall persons . Secondly , that in all his writings which he wrote to Rome , or to any foraign Prince he wrote Ego et Rex meus , I and my King ; so preferring himselfe before the King. Thirdly , that without the Kings assent , hee carried the great Seale of England with him into Flanders . Fourthly , that having the French-pox , he presumed to come and breath upon the King. Fifthly , that he caused the Cardinals-hat to be put upon the Kings Coyne . Sixthly , that he would not suffer the Kings Clerke of the Market to sit at Saint Albanes . Seventhly , that he had sent infinite store of treasure to Rome , for purchasing of his dignity . These Articles were read in the House , and if not otherwise proved , yet confessed afterward under the Cardinals owne hand , which added to the former Praemunire ; all his Lands and goods were seized on to the Kings use . This Parliament being ended , the King removed to Greenwich , and there kept his Christmas with his Queene Katherine in great state ; for though this matter of making void the marriage between them , was hotly pursued by the King ; yet abstaining onely from her bed , he conversed with her still , and they kept Court together , in as loving manner as they had done before . And now King Henry understanding that the Pope and the Emperour was to meet at Bologna , he sent Embassadours thither , the Earle of Wiltshire , Doctor Stokesley Elect of London , and Doctor Lee , to declare both to the Pope and to the Emperour , the opinions of divers learned men in the matter of his Marriage ; who all agreed that it was against the Law of God ; and thereupon requiring the Pope to doe him Justice ; and shewing to the Emperour , that the King moved this matter for discharge of his Conscience onely , and to no other end . To which the Pope answered , that when he came to Rome , he would heare the matter disputed , and doe the King right . The Emperour answered , that he would in no case be against the Law of God , and if this marriage were Judged such by the Court of Rome , he would rest contented : with these Answers the Embassadours returned . It was now the two and twentieth yeere of King Henries reigne , when the Emperour gave to the Master of Saint Iohns of Hierusalem the Island of Maltas , in supplying of the Island of Rodes , which the Turke sometime before had won from that Order . In this yeere , the New Testament having beene Translated into English , by Tindall , Ioy , and others , was forbidden to be read ; and many for reading it , were sharply punished by command of the Bishops and Sir Thomas Moore then Lord Chancellour ; but none was more violent in the matter then the Bishop of London , who caused all the Bookes to be brought into Pauls Church-yard , and there burned . King Henry having heard by good information , that when Campeius was sent Legat into England , he had brought with him a Bull of Di●orce ; but was afterward upon change of the Popes mind , commanded to burne it ; saw plainly by this , that the Pope had no meaning of proceeding really in the matter , but to keepe it a foot for his owne ends ; neither to displease the Empour by granting it , nor King Henry by not granting it , but promising expedition to keepe him in expectance ; yet using delayes to keepe him in dependance ; and therefore resolved now to take such a course , that he should not need to care whether the Pope granted it or no ; and thereupon caused a Proclamation to be published , that no person of what estate or condition soever should Purchase , or attempt to purchase from the Court of Rome , any thing prejudiciall to the Jurisdiction , or Prerogative of this his Realme , upon paine of imprisonment , and other punishments at his Graces pleasure ; and shortly after an Act was made , that Bishops should pay no more Annats , or money for Buls to the Pope ; for as much as it was proved , there had been paid for Bulls of Bishops , since the fourth yeere of King Henry the seventh , an hundred and threescore thousand pounds , besides what had been paid for Pardons and other dispensations . Another Act was then also made , that no person , should appeale for any cause , out of this Realme to the Court of Rome , but from the Commissary to the Bishop , and from the Bishop to the Archbishop , and from the Archbishop to the King : and all Causes of the King , to be tried in the upper House of the Convocation . At this time , the Cardinall lying still at Asher , and his Adversaries doubting l●ast lying so neare the King , he might one time or other get accesse to the Kings presence , and come againe into favour ; they using meanes to have him sent further off , and thereupon the King appointed him to goe to his Diocesse of Yorke , and not to come Southward without speciall licence , whereupon in Lent he made great preparation for his journey , and having in his train to the number of an hundred and threescore persons : by easie journeyes came to Peterborrow , and there kept his Easter ; the weeke after he went to Stamford then to Newark , and so to Southwell , where he continued most part of all that summer : and then rode to Seroby , where he staid till Michaelmas and then came to Cawood Castle , within seaven miles of Yorke where he kept a plentifull house for al commers : and repaired the Castle , being greatly in decay , having above three hundred Artificers in daily wages . At last , he determined to be installed at Yorke , the next Munday after Alhallan-day ; against which time great preparation was made , and the Cardinall sent to the King , to lend him the Miter and Pall , which he used to wear at any great solemnity . At which p●esumption the King marvailed not a little ; saying to those that were about him , what a thing is this , that pride should thus reigne in a man that is quite under foot ? but before the day of Instalment came ; he was arrested in this manner ; Sir Walter Walsh one of the Kings Privy-chamber , was sent downe to the Earl● of Northumberland , with whom he was joyned in Commission to arrest the Cardinall ; whereupon they goe together to Cawood , where the Cardinall lay : and being entred into the house , it was told the Cardinall , that the Earle of Northumberland was come , and in the Hall ; then ( quoth the Cardinall ) I am sorry wee have dined , for I doubt our Officers are not provided of any good cheere . With that , he went and brought the Earle up , welcomming him in a complementall manner , as if he had come but onely to visit him : but being come into the Chamber , the Earle with a soft voyce , laying his hand upon the Cardinals arme , said ; My Lord , I arrest you of high treason : the Cardinall somewhat astonied , asked to see his Commission , which the Earle denying to shew ; then ( saith the Cardinall ) I will not obey your arrest ; at that instant Master Walsh came in , and kneeled downe to the Cardinall ; who asked him if he were joyned in Commission with the Earle ; who answered , he was● well then , said the Cardinall , I trow you are one of the Kings Privie Chamber , your name is Walsh ; I am content to yeeld to you , but not to my Lord of Northumberland , unlesse I see his Commission : the meanest of the Kings Privie-chamber is sufficient to arrest the greatest Peere of the Realme , by the Kings commandement , without any Commission . Then the Earle took the Cardinals keyes from him , and put him in custody of his Gentlemen : some few dayes after , he was conveyed from Cawood to Pomfret , and after to Sheffield Parke , where he had kinde entertainment , and staid with the Earle of Shrewsbury and his Lady eighteene dayes ; till at last sitting one day at dinner , his colour was observed to change , and being asked how he did ; not well ( saith he ) I have something suddenly at my stomacke , as cold as a whetstone , which I know is winde ; I desire to have something from the Apothecary , to breake winde ; which was brought , and the Earle seeing the say taken , he tooke it , and thereupon broke winde indeed ; but whether it were he tooke it in too great a quantity , or that there was some foule play used , he fell soone after into such a loosenesse , that the night following he had above fifty stooles ; yet the next day he rode to Nottingham , and the day after to Leicester Abbey ; being so sicke by the way , that he was ready to fall off his Mule ; comming to the Abby gates , the Abbot with all the Covent met him ; to whom he said , Father Abbot , I am come hither to lay my bones among you ; and then was led up into his chamber , and went to bed ; where growing sicker and sicker ; the next morning Master Kingston Lie●tenant of the Tower , who had beene sent to bring him up , comming to him , and a●king him how he did ; I doe but tarry ( saith he ) the pleasure of God , to render up my poore soule into his hands ; for this is my case , I have a flux with a continuall feaver , the nature whereof is , that if there be no amendment within eight dayes , either excoriation of the entrailes will ensue , or frenzie , or else present death ; and the best of them is death ; and ( as I suppose ) this is the eight day . Sir ( said Master Kingston ) you are afraid of that you have no cause ; for I assure you , the King commanded me to say unto you , that you should be of good cheere , for that he beareth you as much good will as ever he did ; No , no ( Master Kingston ) said the Cardinall , I see how it is framed ; but if I had served God as diligently as I have done the King , he would not have given me over in my gray hayres ; but it is a just reward for my study to doe him service , not regarding the service of God , to doe him pleasure ; and having so said , his speech failed , and incontinent the clock struk eight , and then he gave up the Ghost ; which made some about him to remember , how he had said the day before : that at eight of the clock they should loose their master . Being dead , he was buried in the Abby of Leicester . This man held at once the Bishopricks of Yorke , Winchester , and Durhan , the dignities of Lord Cardinall Lega● and Chancelour of England , the Abbey of Saint Albans , diverse Priories , and sundry great Benefices in Commendum : he had also in his hands , as it were in Farme , the Bishoprick of Bath , VVorcester and Here●ord , which having beene given by King Henry the seventh to strangers , that lived out of the Realme , they suffered Woolsey to enjoy them , receiving of him a Pension onely . The Re●inue of this Pre●ate is scarce credible , a thousand persons daily in his houshold , of whom many Knights and some Lords ; all which greatnesse as it came by the Kings favou● , so by the withdrawing of his favour , it was overthrowne : so true is that saying of Salomon , The Kings favour is as dew upon the grasse ; but his wrath is as the roaring of a Lion , and as a messenger of death . After this the King removed from Hampton-Court to Greenwich , where with his Queene Katherine he kept a solemne Christma● , and on twelfth night he sat in state in the Hall , where was divers Enterludes ; costly Masques , and a sumptuous Banquet . After Christmas he came to his Mannor of Westminster , which before was called Yorke Place ; for the Cardinall had made a Feoffment of it to the King , which the Chapter of Yorke confirmed , and then it was no more called Yorke Place , but the Kings Mannor of Westminster , now VVhitehall . At this time the whole Clergie of England was charged by the Kings learned Councell , to be in a Praemunire , for supporting and maintaining the Cardinals Legatine power ; and were thereupon called by Processe into the Kings Bench to answer ; but before their day of Appearance came , they in their Convocation concluded an humble submission in writing , and offered the King an hundred thousand pound to have their pardon by Parliament ; which offer , after some labour , was accepted , and their pardon promised . In which submission the Clergie called the King supreame Head of the Church . This Pardon was signed with the Kings hand , and sent to the Lords , who assented to it ; and then sent it to the Lower House : but here , divers of the House excepted against the Pardon , unlesse themselves also might be included in it ; who ( they said ) having had something to doe with the Cardinall , might be brought into the same case as the Clergie were . Hereupon their Speaker Thomas Audeley , with a convenient number of the House , was sent to the King about it ; to whom the King made answer , that he was their Soveraigne Lord , and would not be compelled to shew his mercy ; and seeing they went about to restraine him of his liberty , he would grant a Pardon to the Clergie , which he might doe by his great Seale without them ; and for their Pardon , he would be advised before he granted it : with this Answer the Speaker and Commons returned , much grieved and discontented ; and some said that Thomas Cromwell , who was newly come into the Kings favour , had disclosed the secrets of the House , which made the King give this unpleasing Answer . But soon after the King of his own accord , caused their Pardon also to be drawn , and signed it● which easily passed both Houses , with great commendation of the Kings judgement , to denie it at first when it was demanded as a right , and to grant it afterward , when it was received as of grace . In this Parliament time , on the thirtieth of March , Sir Thomas Moore Lord Chancellour , with twelve of the Lords , came into the Lower House , acquainting them , that though in the matter of the Kings Divorce , he might sufficiently rest upon the judgement of learned men in his owne Universities of Oxford and Cambridge , yet to avoid all suspicion of parciality , he had sent into France , Italy , the Popes Dominions , and the Venetians , to have their opinions ; and then causing them to be read , Sir Bryan Tuke tooke out of a box certaine writings sealed , which were the determinations of the Universities of Orleance , of Paris , of Anjou , of Burges , of Bolonia , of Padua , and of Thoulouse : all which were peremptory in these two Points ; that the Brother , by the Law of God , might not marry the Relict of his brother ; and then , being against the law of God , that it is not in the power of the Pope to dispence with it : and now ( said they ) you may know , that the King hath not sought this Divorce for his pleasure ; but for discharge of his conscience ; and this said , they departed . The King himselfe , when he heard of these determinations , was so farre from rejoycing at it , that he rather mourned , as for the losse of so good a wife ; yet he conversed with her as he had done before , in nothing altered but in abstaining from her bed . But being willing the Queene should know these Determinations ; in Whitsonweeke after , he sent divers Lords to acquaint her with them ; requi●ing her thereupon to recall her Appeale , and to refer the matter to eight indifferent Lords ; which she utterly refused , using her usuall Answer , that she was his lawfull wife , and would abide the Determination of the Court of Rome , but of no other . After Whitsontide , the King and Queen removed to Windsor , and there continued till the fourteenth of Iuly , on which day the King removed to Woodstocke and left the Queen at Windsor , where she remained a while , and after removed to Easthamsted , whither the King sent to her divers Lords , first to perswade her to be conformable to the law of God ; which if they could not do , then to let her know , that his pleasure was , she should be at either of these three places , his Mannor of Oking , or of East-hamstead , or the Monastery of Bisham , and there to continue without further molesting him with her suits . And now came Cranmer in to play his part . It chanced that Doctor Stephe●s , Doctor Foxe and he met at Waltham one day at dinner ; where falling into discourse , about the case then in agitation , of the Kings mariage with Queene Katherine ; the other Doctors thought the mariage might be proved unlawfull by the Civill Law : ( but ( said Cranmor ) ● it may better be proved by the Law of God , and it is no hard matter to doe it ; which words of his being made knowne to the King● Cranmor is sent for , and commanded to set his reasons down in writing : which having done , and shewed them to the King ; he was asked whether he would stand to that which he had written : who answered , he would , even before the Pope himselfe , if his Majesty pleased : marry ( said the King ) and to Pope you shall go ; and thereupon sent him to the Court of Rome , and with him Thomas Bullen Earl of Witshire , Doctor Stokesley Elect of London , Doct. Lee the Kings Almoner , and others : who coming to Bolonia where the Pope was , had a day of audience appointed , but was hindred by a ●●diculous accident ; for the Pope holding out his foot for them to kisse his toe , as the manner is , a dog of the Earls , by chance in the room , ran and caught the Popes foot in his mouth , & made it for that time unfit to kisse . After this , when Cranmor had made his Proposition , he was told , it should be answered when the Pope came to Rome : so the Embassadors were dismissed , and Cranmor went to the Emperour● Court ; where in private conference he satisfied Cornelius Agrippa , the most learned at that time about the Emperour , and brought him to be of his opinion . Cranmor returning home , and giving the King this satisfaction ; the Kings mariage with Queen Katherine was soon after dissolved by Parliament , and the Bishop of Canterbury accompanied with Doctor Stokesley Bishop of London , Stephen Gardiner Bishop of Winchester , the Bishop of Bathe and Lincolne , and other learned men , rode to Dunstable where Queen Katherine then lay ; where being cited to appeare , and making default fifteen dayes togethers , for lack of appearance , she was divorced from the King , and the mariage declared to be void and of none effect ; and from thenceforth it was decreed , she should no more be called Queen , but Princesse Dowager : after which time , the King never saw her more . At this time , being the foure and twentieth yeer of King Henries reigne , Sir Thomas Moore , after long suit , delivered up the great Seal , which was then delivered to Thomas Audeley Speaker of the Parliament ; and he made first Lord Keeper , and shortly after Chancelour ; in whose roome of Speaker , H●nfrey Wing●eld of Grayes-Inne was chosen on the first of September this yeer : the King being at Windsor , created Anne Bullen Marchionesse of Pembrooke , giving her a thousand pounds land a yeere : and then being desirous to talke with the King of France in person , on the tenth of October , taking the said Lady with him , and divers Lords , as the Dukes of Norfolke and Suffolke , the Marquesse of Dorset and Excester , the Earles of Arundell , Oxford , Surrey , Essex , Derby , Rutland , Sussex and Huntington , with divers Viscounts , Barons and Knights , he sailed over to Callice ; and on the twentieth of October me● with the King of France at Bolloigne , with whom he staid foure dayes ; in which time , to doe him honour , the King of France honored the two Dukes of Norfolke and Suffolke with the Order of Saint Michael , and then both Kings went to Callice , where the French King stayed certain dayes ; in which time to doe the King of France honor , King Henry honored two of his great Lords with the Order of the Garter , and then after great magnificence in revelling & feasting , on the twentieth of Ostob. the French King departed from Callice , and King Henry returned into England , where on the fourteenth of November following , he maried secretly the Lady Bulle●● which mariage was not openly known till Easter after , when it was perceived she was with childe ; at which time William Warham Archbishop of Canterbury dyed , Thomas Cranmor was elected Archbishop in his roome . After that the King perceived his new wi●e to be with childe , he caused all Officers necessary to be appointed to her ; and so on Easter eave she went to her closet openly as Queen , and then the King appointed her coronation to be kept on Witsunday following ; and writings were sent to all Sheriffes , to certifie the nams of men of forty pounds , to receive the order of Knighthood , or else to mak● fine : the assesment of which ●ines was appointed to Thomas Cromwell Master of of the Jewel-house , and of the Kings Councell ; a man newly come in the King● favour , by whose industry great sums of money were by such fines gathered . In the beginning of May , the King caused Proclamation to be made , that all men who claimed to doe any service at the Coronation , by the way of tenure , gran● , or prescription , should put in their claime three weekes after Easter in the Star-chamber , before Charles Duke of Suffolke , for that time high Steward of England , the Lord Chancellour and other Commissioners . Two dayes before the Coronation were made Knights of the Bath , the Earle of Dorset , the Ea●le of Der●y , the Lord Clifford , the Lord Fitzwater , the Lord Hastings , the Lord Monteagle , the Lord Vaux , Sir Iohn Mordant , Sir Henry Parker ; Sir William Windsor , Sir Francis Weston , Sir Thomas Arundell , Sir Iohn Hurlson , Sir Thomas Poynings , Sir Henry Savill , Sir George ●itzwilliams , Sir Iohn Tindall , and Sir Tho : I●rmey . On Whitsunday the Coronatio● was kept in as great state & 〈◊〉 for al circumstances as ever an● was , and the day after a solem Just● was ●olden . In May this yeer Pope Clement sent a messenger to King Henry , requiring him personally to appeare at the generall Councell , which he had appointed to be kept the yeer following ; but when his Commission was shewed , there was neither time nor place specified for keeping of the said Councell ; and so with an uncertain Answer to an uncertain Demand , the Messenger departed . It was now the five and twentieth yeere of the Kings reigne , when on Midsomer day , Mary the French Queene , and then wife to Charles Duke of Suff●lke , dyed ; and was buried at Saint Edmund-berry ; and on the seaventh of September following , between three and foure a clocke in the afternoone , the Queene was delivered of a daughter that was named Elizabeth ; the Godfather at the christning was the Archbishop of Canterbury ; the Godmother the old Dutchesse of Norfolke , and the old Marchionesse Dorset widow ; and at the Confirmation , the Lady Marchionesse of Excester : the Christning was performed with exceeding great state , and great gifts were given by the Gossips . This yeere , one Pavier the Town-clerke of London hanged himselfe , ( whom Hollinshead saith ) he heard once sweare a great oath ; that if he thought the thought the King would set forth the Scripture in English , rather then he would live to see that day , he would cut his owne throat : which I therefore relate , that the judgement of God may be seene upon such unhallowed oathes . A little before this time one Elizabeth Barton , named the Holy Maid of Kent , came to be discovered ; whose abettours were Richard Master a Priest , Parson of Aldington in Kent , Edward Bocking Doctor of Divinity , a Monke of Canterbury , Richard Deering a Monke , Edward Thwayts Gentleman , Henry Gold Parson of Aldermary , Hugh Rich a Fryar observant , Richard Risby and Thomas Gold , Centlemen . This Maid had learned to counterfeit falling into Trances ; in which she would deliver many strange things , and amongst others , said , that by Revelation from God and his Saints she was informed ; that if King Henry proceeded to the Divorce , and married another , he should not be King of England one moneth after . And here we may see how credulous oftentimes great Schollars are in beleeving Impostures , when VVarham Archbishop of Canterbury , and Fisher Bishop of Rochester were thought to give credit to this Counterfeit , that we need not wonder at Saint Austin ; who though he gave credit to many lying Miracles , yet they were such as had more probability in them then this ; which consisted in nothing but making of faces , as upon Examination of the Maide and her Abettours was confessed ; and thereupon she and most of them were condemned , drawne to Tyburne and there hanged . In this meane time the Scots had beene troublesome , and made Intodes upon the Borders ; till at last , Commissioners being sent to treat of agreement ; a Peace was concluded , to continue both the Kings lives ; which on the twentieth of May this yeer , was openly Proclaimed . About this time , at the suit of the Lady Katherine Dowage , a Bull was sent from the Pope , which cursed both the King and the Realme ; which Bull was set up in the Towne of Dunkerke in Flanders , the Messenger not daring to come neerer : and because it was knowne that the Lady Dowager had procured this Curse to be sent , the Duke of Suffolke was sent to her , lying then at Bugden besides Huntington , to discharge a great part of her houshold servants ; yet leaving her a convenient number , like a Princesse . It was now the six and twentieth yeer of King Henries reigne , when in a Parliament holden , an Act was made for establishing the succession in the Crown , upon the Lady Elizabeth ; to which , first all the Lords , Knights and Burgesses were sworne ; and after Commissioners were sent into all parts of the Realm , to take the oath of all men and women to the said Act. Another Act was also made , which authorized the King to be Supreame Head of the Church of England , and the Popes authority to be utterly abolished . But Doctor Iohn Fisher , Bishop of Rochester , Sir Thomas Moore Knight , and Doctor Wilson Parson of Saint Thomas Apostles in London , expresly denied at Lam●eth , before the Archbishop of Canterbury , to take the Oathes ; of whom Doctor Wilson recanted , but the other two persisting in their opinion , were both of them beheaded . Of these two Bishop Fisher was much lamented , as reputed a man both of great learning and good life . The Pope had elected him Cardinall , and his Hat was come as farr● as Callice , but before it could come into England his head was off . Sir Thomas Moore was both learned and very wise , but so given to a vaine of jesting and merry scoffing , that he could not refrain it at the very time of his death : as when he was carried to the Tower , being demanded his upper garment ( meaning his Gowne ) you shall have it , said he , and gave them his cap ; saying , it was the uppermost garment he had : also , when being upon the Scaffold , the Hangman kneeled downe and asked him forgivenesse ; I forgive thee ( said he ) but I promise thee , thou wilt never have credit by cutting off my Head , my necke is so short : and when he was to lay his head downe upon the blocke , having a great gray beard , he stroked it out , and said to the Hangman , I pray you let me lay my beard over the blocke , lest you should cut it ; for though you have Warrant to cut off my head , you have none to cut my beard . But his Devotion was no jesting matter , for he used to weare a shirt of haire next his skin , for a perpetuall pen●ance ; and oftentimes in the Church he would put on a Surplesse , and helpe the Priest to say Masse ; which he forbore not to doe even when he was Lord Chancellour of England ; as one time the Duke of Norfolke comming to the Church found him doing it . Two memorable things are recorded of him ; one , which shewes his great integritie , and the small reckoning he made of riches ; that having passed through so many great imployments , and borne so many great Offices ; yet in all his time , ●e never Purchased above one hundred pounds land a yeere , nor left any great stocke of money behinde him , when he died . The other , which shewes his filiall piety , that being Lord Chancellour of England , at the same time that his Father wa● a Judge of the Kings Bench , he would alwayes at his going to Westminster , goe first to the Kings Bench and aske his Father blessing , before he went to sit in the Chancery . The ninth of Iuly , this yeere , the Lord Dacres of the North was arraigned at Westminster of high treason , before the Duke of Norfolke , as high Steward of England ; his Inditement being read , he so answered every part and matter therein contained , that by his Peeres he was found Not guilty ; a rare thing to stop a currant that ran with such violence . The one and twentieth of September Doctor Taylour Master of the Roles , was discharged of that Office ; and the ninteenth of October following , Thomas Cromwell was sworne in his place . This yeere the King of Scots was installed Knight of Garter , by his Deputy the Lord Erskin and Stephen Gardiner , who after the Cardinals death , was made Bishop of Winchester , was sent Embassadour Legier , into France , where he remained three yeeres . Also in Ianuary , of this yeere , Katherine Princesse Dowage● , fell into her last sicknesse ; to whom the King sent the Emperours Embassadour Legier , desiring her to be of good comfort ; but she finding her death to approach , caused onely one of her Gentlewoman to write a Letter to the King ; commending to him her Daughter and his , and beseeching him to be a good Father to her ; and then desiring him further , to have some consideration of her Servants . On the eighth of Ianuary , at Kimbolton , she departed this life , and was buried at Peterborough . A woman of so vertuous a life , and of so great obsequiousnesse to her husband , that from her onely merit , is grown a reputation to all Spanish wives . Also the nine and twentieth of Ianuary , this yeere , Queene Anne was delivered of a childe before her time , which was borne dead . And now King Henry began to fall into tho●e great disorders , which have been the blemish of his life , and have made him be blotted out of the Catalogue of our best Princes ; for first , in October this yeer , he sent D●ctor Lee and others , to ●isit the Abbeys , Priories , and Nunneries in England ; who set at liberty all those Religious persons , that would forsake their habit , and all that were under th● age of foure and twenty yeers ; and in December following , a survay was taken of all Chantries , and the names of such , as had the guift of them . After which , in a Parliament holden the fourth of February , an Act was made , which gave to the King all Religious houses , with all their lands and goods , that were of the value of three hundred marks a yeere and under : the ●●mber of which Houses , was three hundred seventy and six : the value of their lands yeerly , above two and thirty thousand pounds , their movable goods , one hundred thousand , the Religious persons put out of the same houses above ten tho●sand . This yeere , William Tindall , was burnt at a Town in Flanders , betweene Brussels and Mechlyn , called Villefort , for translating into English the New Testament , and divers parts of the old ; who having beene long imprisoned , was upon the Lord Cromwels writing for his Deliverance , in all haste , brought to the fire , and burnt . It was now the eight and twentieth yeere of King Henries Reigne , when on Munday , there were solemne Justs holden at Geeenwich , from whence the King suddainely departed , and came to Westminster , whose suddaine departure stroke great amazement into many , but to the Queene especially , and not without cause ; for the next day , the Lord Rochford her brother , and Henry Norris were brought to the Tower of London , prisoners , whither also the same day at five a clock in the afternoone , was brought Queene Anne her selfe , by Sir Thomas Audeley Lord Chancelour , the Duke of Norfolke , Thomas Cromwell Secretary , and Sir William Kingston Leivtenant of the Tower , who at the Tower-gate , fell on her knees before the said Lords , beseeching God to help her , as she was innocent of that whereof she was accused : on the ●ifteenth of May , she was arraigned in the Tower , before the Duke of Norfolke , sitting as high Steward of England . When her Inditement was read , she made unto it so wise and discreet answers , that shee seemed fully to cleere her selfe of all matters laid to her charge : but being tried by her Peeres , whereof the Duke of Suffolke was chiefe ; she was by them found guilty , and had Judgment pronounced by the Duke of Nor●olke ; immeadiatly the Lord Rochford her brother , was likewise arraigned and condemned : who on the seaventeenth of May , together with Henry Norris , Marke Smeton , VVilliam Briorton , and Francis VVeston , all of the Kings Privy-chamber , about marters touching the Queen , were behe●de● on the Tower-hill , Queen Anne her selfe on the nineteenth of May , on a Sca●fold upon the Green within the Tower , was beheaded with the sword of Callice by the hangman of that Towne ; her body with the head , was buried in the Quire of the chappell there . This Queen Anne , was the daughter of Thomas Bullen Earle of VViltshire , and of Lady Elizabeth daughter of Thomas Howard Duke of Nor●olke ; the Earles Father was the sonne of Sir VVilliam Bullen , whose wife was Margaret the second daughter and Coheire of Thomas Butler Ealre of Ormond , and the said Sir VVilliam , was the sonne of Sir Godfrey Bullen , Lord Major of London , who lieth buried in Saint Leonards Church in the Iewry , whose wife was Anne eldest daughter & coheire to Thomas Lord Hoo and Hastings : and his discent was out of the house of the Bullens in the County of Norfolke ; thus much for her Parentage : for her Religion , she was an ●arnest Professor , and one of the first Countenancers of the Gospell : in Almes-deeds so liberall , that in nine moneths space ; It it is said , she distributed amongst the poore , to the value of fifteene thousand pounds : now for the crimes for which she died , ( Adultery and Incest : ) proofes of her guiltinesse there are none recorded : of her Innocency , many ; first , her owne clearing of all objections , at the time of her arraignment : then Cromwels writing to the King , after full examination of the matter ; that many things have been objected , but none confessed , onely some circumstances had been acknowledged by Marke Smeton : ( and what was Marke Smeton , but a meane fellow , one that upon promise of life , would say any thing ; and having said somthing , which they took hold of was soone after executed least he should retract it : ) lastly , they that were accused with her , they all denied it to the death : even Henry Norris , whom the King specially favoured , and promised him pardon if he would but confesse it . It was a poore proofe of Incest with her brother , that comming one morning into her chamber before she was up , he leaned down upon her bed , to say somthing in her eare ; yet this was taken hold of for a proof : and it need be no marvaile if we consider the many aduersaries she had ; as being a Protestant , and perhaps in that respect , the King himselfe not greatly her friend : ( for though he had excluded the Pope , yet he continued a Papist stil : and then who knowes not , that nature is not more able of an Acorn to make an oake , then authority is able of the least surmise , to make a certainty . But howsoever it was , that her death was contrived : certain it is , that it cast upon King Henry a dishonourable Imputation ; in so much , that where the Protestant Princes of Germany had resolved to choose him for head of their League ; after they heard of this Queens death , in such a manner , they utterly refused him as unworthy of the honour : and it is memorable what conceit Queene Anne her selfe had of her death ; for at the time , when shee was led to be beheaded in the Tower● shee called one of the Kings Privy-chamber to her , and said unto him , commend me to the King , and tell him ; he is constant in his course of advancing me , for from a private Gentlewoman , he made me a Marquesse , from a Marquesse , a Queen ; and now , that he had left no higher degree of worldly honour for me , he hath made me a Martyr . Immediatly after her death , in the weeke before Whi●●on●ide , the King maried Iane Seymour , daughter to Sir Iohn Seymour , who at Whitsontide was openly shewed as Queene : and on the Tuesday in the Whitson-weeke her brother Sir Edmund Seymour , was created Viscount Beauchamp , and Sir Walter Hangerford , was made Lord Hangerford . The eight of Iune , the Parliament began ; during the which , the Lord Thomas Howard , without the Kings assent , had affianced the Lady Margaret Douglas , daughter to the Queen of Scots , and Niece to the King : for which he was attainted of treason , and an Act was made for like offenders hereafter ; and so he died in the Tower , and shee long time remained there a prisoner ; yet afterward was set at liberty , and maried Mathew Earle of Lenox , who by him had Henry , Father of Iames the first King of Great Brittaine . In the time of this Parliament , the Bishops and all the Clergy had a solemne Convocation at Pauls Church in London ; where after much disputation and debating of matters , they published a book of Religion ; intituled , Articles devised by the Kings Highnesse : in which booke are specially mentioned but three Sacraments : namely Baptisme , Eucharist , and Pennance ; also certaine Injunctions were set forth , whereby many of the old Holi-dayes were abrogated , specially those that fell in Harvest time . The two and twentieth of Iuly , Henry Duke of Richmond and Somerset , base sonne of King Henry by Elizibeth Blunt , died at Saint Iames , and was buried at Thets●one in Norfolke . The nine and twentieth of Iune the King held a great Justs and Triumph at VVestminster , but a disastrous Sea-fight on the water ; where one Gates a Gentl●man was drowned in his harnesse , and by the breaking of a Gunne two Mariners were sore mained : in Iuly following , Thomas Cromwell , Secretary to the King , and Master of the Rolles , was made Lord Keeper of the Privy-seale : and the ninteenth of Iuly the Lord Fitz-Warren was created Earl of Bath ; and the day after , the said Cromwell was made Lord Cromwell ; and on the eighteenth of Iuly , Vic●r Generall under the King over the Spiritualty ; who sate diverse times in the Convocation House , amongst the Bishops as head over them : and now was the state of Religion in England come to a strange passe ; because alwayes in passing , and had no consistance ; for at first , the authority of the Pope was excluded in some cases onely , a while alter in all ; but yet his Doctrine was wholly retained . Afterward , his Doctrine came to be Impugned , but in some few points onely : a while after , in many more : that the fable of Proteu● might no longer be a fable , when the Religion in England might be his true Morral● : and indeed , it could be no otherwise ; the distance between the two Religious being not possible to be passed Per saltum ; but must be done by degrees , which degrees may be observed in the progresse of the story : for where at first , it was permitted onely to read the Bible in English , now it came to be permitted , to pray in English ; for now in September , the Lord Cromwell set forth Injunctions , to have the Lords prayer , the Ave , the Creed , the ten Commandements , and all Articles of the Christian-faith translated into English , and to be taught by all Parsons and Curates to their Parishoners : which Innovation so stirred up the people , that in Lincol●shire they assembled to the number of twenty thousand ; against whom the King himselfe went in person , who win●●ng by perswasions their chief leaders , brought the rest upon pardon to submit themselves : but when he had himselfe done the work of mercy ; he afterward sent the Duke of Suffolke , with Sir Francis Brian , and Sir Iohn Russell to doe the worke of Justice ; who caused Nicholas Melton , and a Monke naming himselfe Captaine Cobler , and thirteen others ( Ringleaders of the sedition , ) to be apprehended , and most of them to be executed . But this Commotion was scarce appeased , when presently there rose another in the North-parts , where forty thousand were assembled , giving themselves out for an holy Pilgrimage , where on one side of their Ensignes , they had Christ hanging on the crosse , on the other side , the Cuppe and Bread of the Sacrament , as taking Armes onely for maintenance of the Faith of Christ , and deliverance of the holy Church now oppressed : but these were opposed by George Earle of Shrewsbury , who having raised an Army without Commission , though to resist the Rebels , yet began to be much troubled , whither in so doing he had not committed Treason , and was never quiet till he had se●t to the King for pardon and commission to proceed : at which time a rumour being raised amongst his souldiers , that the Earle so well liked the Rebels cause , that what shew soever he made , yet when it should come to the triall , he would not stick to joyne with them and take their parts : to remove which Opinion out of their mind● , he caused all his souldiers to come before him , and made his Chaplaine give him an oath ; by which he swore in their hearing , to be true to the Crowne , and never to be assisting to any Rebels : to his aide were sent the Duke of Norfolke , with the Marquis of Excetur● the Earles of Huntington and Rutland : who with a mighty Army approachi●g the Rebels , beyond Doncaster , in the way towards York , attempted first to have pacified them without blood-shed ; but when no perswasions would serve , it was resolved of both sides to come to a battell ; but see here the great goodnesse of God , for the night before the day appointed for battel , it happened that a litle Brook called Dun , running betweene the two Armies , upon a small raine grew to such a height , that it was not passable by either foot or horse ; so as the Armies having time to consider , and considering perhaps this miracle as sent of God , they came to agreement , and upon pardon disbanded and returned to their houses : but in the mean time they had besieged the Castle of Scarborough where the resolute carriage of Sir Ralph Evens is memorable ; who held the Castle by onely his owne servants and Tennants , and that , when for twenty dayes together , he had no other sustenance but bread and water : but all Comotions were not yet appeased , for at this very time , there was another great Army assembled out of Cumberland , Westmerland , and the North-parts of Lancashire , marching South-wards ; but by the diligence of the Earl of Darby , to whom also the Earle of Sussex was sent , they were suppressed , and their chief Leader● , as the Abbo●s of Wally , Sauly , and others , apprehended and hanged : but neither is there yet an end of comotions , for now in February Nicholas Musgrave , Thomas Til●y , with o●hers to the number of twelve thousand , began a Rebellion , and be sieged Carlile , but by the power of the City were first beaten back , and then were encountred by the Duke of Norfolke , who caused seventy foure of them , by Martiall-law ●o be hanged on the walls of Carlile : but neither was there yet an end of Comotions , for now in Setrington , Pickering , L●igh and Scarborough , began a new Rebellion , by procurement of Francis Bigot ; who had r●ised a great power , and meant to have taken Hull , but by the industry of Sir Ralph Ellarker , and the Major of the Towne , threescore a● the Rebels were taken and hanged , and the rest put to flight , and glad to be quiet : but neither yet was there an end of Commotions , for in the latter end of this eight and twentieth yeer , the Lord Darcy , the Lord Hussey , Sir Robert Constable Sir Iohn Bulmer and his wife , Sir Thomas Percy brother to the Earl of Northumberland , Sir Stephen Hamilton , Nicholas Tempest Esquire , and others began to conspire , although each of them before had been pardoned by the King : but this as being but the fagge end of Commotion ; was soon suppressed , the Lord Darcy was beheaded on the Tower-hill , the Lord Hussey at Lincol●e , Sir Robert C●nstable was hanged in cheins at Hull , Sir Iohn Balmers Paramout was burnt in Smithfield , and most of the other were executed at Tyburne : Tantae molis erat , so great a matter it was● to make the Realme be quiet , in so great innovations of Religion . This yeer on Saint Georges-feast , the Lord Cromwell was made Knight of the Garter , and on the twelfth of October , which is Saint Edwards-eve● , at Ha●ton-Court , the Queen was delivered of a sonne ; ( but with so hard a labour that she was faine to be ript ) the child was named Edward , whose Godfathers at the Christning were the Archbishop of Canterbury and the Duke of Norfolke , his Godmother was his sister the Lady Mary : at his Bishoping , his Godfather was the Duke of Suffolk : on the eighteenth of October , he was made Prince of Wales , Duke of Cornwall and Earle of Chester : but the birth of his sonne brought not so much joy to the King , as the death of his Queene brought him sorrow ; for within two dayes after she died , and was buried at Winsor , and ●o much was the Kings grief for her death , that he continued a widdawer two yeeres after . It is not unworthy the relating , what a miserable dissolation befell the family of the Geraldynes or Fitz-Garrets , ( Earle of Kildare in Ireland ) about this time ; for Gerald Fitz-Garret , who had been ten yeers Deputy in Ireland ; upon complaint of some fault , was sent for over into England , where not making a satisfying answer , he was committed to the Tower ; but before his commi●g over , had with the Kings leave , left Deputy there his own sonne , a Young-man of not above twenty yeers of age , but yet ripe of understanding and fit for the pla●e : this young Lord , hearing that his father was committed prisoner to the Tower ; and soon after , as the rumour encreased , that he was put to death ; in rage to be revenged , rose up in Armes ; and having five Unckles in the Cou●try ( men of great estimatio● ) drew them ( though some of them unwillingly ) to take his part ; amongst other outrages he committed , the Archbishop of Dublin was slaine in his presence● the Father in the Tower hearing hereof , with very griefe died ; the Sonne and his Uncles , upon the Kings sending a● Army , were all either taken or submitted ; and being sent for over into England , those of his Unckles , that against their wils had been drawn into the Action , had good hope of their lives , till entring the ship of passage , which was called the Cow ; they then presently dispaired , because of a Prophesie , that five sonnes of a certaine Earl should be carried into England in the belly of a Cowe , and never after return : and indeed it fell out true , for through the malice of their adversaries , ( exasperating the King against them and saying , there would never be quietnes in Ireland , as long as any of the Geraldines were left alive , ) they were all put to death : one onely sonne of the family remained , a youth of thirteene yeers of age , who though at that time sick of the smal-pox , yet made shift to save himselfe by flight ; fled first into France , and frighted from thence , afterwards into Flanders , and driven from thence , at last into Italy , where pr●oected by Regin●ld Poole , ar that time made Cardinall , by Pope Iulie the third , he was afterward , by this meane● , restored to his dignity and his patrimony . This yeere Edward Seymour , Viscount Beauchamp the Queens brother , was created Earl of Hartford , and Sir VVilliam Fitz-VVilliams Lord Admirall , was created Earl of Southamton , Master Paulet was made Vice Treasurer , Sir Iohn Russell was made Controller of the Kings House , and diverse Gentlemen were made Knights . In February diverse Roodes were taken downe by the Kings commandement , as the Roode of Boxeley , called the Rood of grace , which was made with vices to move the eyes and lips , also the Rood called Saint Saviour at Bermondsey Abbey in Southwarke , a●d diverse others : in May a Frier Observant , called Frier Forrest , who had taken the oath of Supremacy himselfe , yet privately perswaded others , that the King was not supreme head of the Church ; was thereupon examined , and for his defence said , that he took the oath with his outward man , but his inward man never consented to it ; but this answer served not his turn from being condemned ; and on a paire of Gallowes prepared for him , in Smith●●eld , he was hanged by the middle , and arme-holes , all quick , and under the Gallowes was made a fire wherewith he was consumed : a little before his executio● , a huge great Image was brought to the Gallowes , fetched out of Wales , which the Welch-men had in great reverence , called Darvell Gatheren , of which there went a Prophesie , that thi● Image should set a whole Forrest on fire , which was thought to take effect , in ●erring this Frier Forrest on fire , and consuming him to nothing . In September , by the speciall motion of the Lord Cromwell , all the notable Images , unto which were made any speciall Pilgrimages and offerings , were taken downe and burnt ; as the Images of Walsingham , Ipswic● , VVorcester , the Lady of VVilsdon , with many other , and forthwith by meanes of the said Cromwell all the orders of Friers and Nunnes , with theirs Cloysters and Houses were suppressed and put downe : also the shrines of counterfeit Saints ; amongst others , the shrine of Thomas Becket in the Priory of Christ-church was taken to the Kings use , and his bones , scull and all which was there found , with a peece ●roken out by the wound of his death , were all burnt in the same Church by command of the Lord Cromwell : and the one and twentieth of October , the Church of Thomas Becket in London , called the Hospitall of Saint Thomas of Acres was suppressed : the sixteenth of November the Black-friers in London was suppressed ; the next day the VVhite-friers , the Gray-friers , and the Monkes of the Charter-house , and so all the other immediately after , 〈◊〉 three Abbots resisted , the Abbot of Colechester , the Abbo● of Reding , and the Abbot of Glastenbury , who therefore were all taken and executed . The foure and twentieth of November the Bishop of Rochester Preached at Pauls-crosse , and there shewed the blood of Hales , affirming it to be no blood , but honey clarified and coloured with sa●●ron , as it had been evidently proved before the King and Councell . The number of Monasteries suppressed , were six hundred forty five , besides fourescore and ten Colledges , one hundred and ten Hospitals , and of Chantries and free Chappels two thousand three hundred seventy foure . But now to make amends for the suppressing of so many Monasteries , the King instituted certaine new Bishoprickes , as at VVestminster Oxford , Peterborough , Bristow , Chester and Gloster ; and assigned certaine Canons and Prebends to each of them . The third of November Henry Courtney Marquesse of Exceter , and Earle of Devonshire , Henry Poole Lord Montacute , Sir Nicholas Carew of Bedington , Knight of the Garter , and Master of the Kings Horse , and Sir Edward Nevill , brother to the Lord of Aburgeiney , were sent to the Tower , being accused by Sir Geoffry Poole , the Lord Montacutes brother , of high treason ; the● were indi●ed for devising to promote and advance one Reinold Poole to the Crowne , and put downe King Henry . This Poole was a neere kinsman of the Kings ( being the sonne of the Lady Margaret Countesse of Salisbury , daughter and heire to George Duke of Clarence ) he had been brought up by the King in learning , and made Deane of Excetur ; but being sent after , to learne experience by travaile , he grew so great a friend of the Popes , that he became an enemy to King Henry , and for his enmity to the King , was by Pope Iulius the third made Cardinall ; for this mans cause , the Lords aforesaid being condemned , were all executed , the Lord Marquis , the Lord Montacute , and Sir Edward Ne●ill , beheaded on the Tower-hill , the ninth of Ianuary , Sir Nicholas Carew the third of March , two Priests condemned with them were hanged at Tyburn , Sir Ieoffry Poole though condemned also yet had his pardon . About thi● time one Nicholson alias Lambert , being accused for denying the Reall presence in the Sacrament , appealed to the King , and the King was co●tent to heare him ; whereupon a Thron● was set up in the Hall of the Kings Pallace at Westminster , for the King to si● : and when t●e Bishops had urged their arguments , and could not prevaile , then the King tooke him in hand , hoping perhaps to have the honour of con●erting an Hereticke , when the Bishops could not doe it , and withall promised him pardon if he would recant ; but all would not doe , Nicholso● remained obstin●te , the King mist his honor , the delinquent mist his pardon ; and shortly after was drawne to Smithfield and there burnt . About this time King Henry being informed that the Pope , by instigation of Cardinall Poole , had earnestly moved divers great Princes to invade England ; He as a provident Prince , endea●oured a●●arn●stly to provide ●or defence ; a●d to that end , rode himselfe to the S●a-coast● 〈◊〉 them fortifi●● , and in needfull places Bulwarkes to be erected : Hee c●used hi● Na●●e●● be rigged , and to be in readinesse at any short warning : he c●●sed Musters ●● be raken in all shee●es ; and lists of all , able men in e●ery Count● , in L●●●don specially ; where Sir William Forman the ●hen M●jor , ●●●●ified the number of fifteene thousand ; not that they were 〈…〉 , but that so many were ready prepared ; and these on the eight of May , the King himselfe saw Mustered in Iames Parke ; where the Citize●s ●●●ove in such sort to exceed each other in bravary of armes , and forwardnesse of service , a● if the City had bin a Campe , and they not men of the gown● , but all profest Souldiers ; which they performed to their great cost , but greater comend●●ion . It was now the one and thirtieth yeere of King Henri●s reigne , and the nine and fortieth of his age ; when having continued a widdower two yeere , he began to thinke of marrying againe ; and bee needed not be a sui●our for a wife , for he was sued unto take one . The Emperour sollicited him to marry the Dutchesse of Milan ; but to marry her he must first obtaine a Licence from the Pope , and King Henry was resolved rather to have no wife , then to have any more to doe with the Pope . Then the Duke of Cleve made suit unto him , to marry the Lady Anne hi● Sister , and hee was a Protestant Prince ; and so , though differing in points of Doctrine , yet in the maine Point of excluding ●he Pope , both of one min●e . Many about the King were forward for thi● Ma●ch , but the Lord Cro●well specially ; and indeed it concerned him more then any other , that the King should take a Protestant wife , seeing 〈◊〉 actions h●d beene such as none but ● Protestant Queene would ever like ; and if the Queene should not like them ; the King , though done by his leave , would ●ot like them long . Hereupon such meanes was used , that Emb●ssa●ours came from the Duke of Cleve to conclude the March ; and the● , the elev●nth of December , the Lady her selfe in gr●at state was brought , first to Callice , and then over to Dover ; and being come to Rochester , the King secretly came to see her , afterward she was conducted to London , me● by the way in severall places , by all the great Lords and Ladies of the Kingdome . The third of Ianuary she was received into London by Sir William Hollice , then Lord Major , with Oration● , Pageants , an● all complements of Sta●e , the greatest that ever had beene seene . On Twelfth day the Marriage was ●olemnized , the Archbishop of Canterbury did the office , the Earle of Oversteine , a German Lord ga●e her . In Aprill following the Lord Cromwell , as though he had won the Kings heart for ever by making this march , was made Earle of Essex ; for in March before , Henry Rourchie● Earle of Essex● and the ancientest Earle of England , had broken his necke by seeking to breake a yong Horse , leaving onely one Daughter , and the dying without issue , the Earldome came to the Family of Devereux , which yet enjoyed not the honour , till afterward in Queene Elizabeths time , and then made but not restored . The ninth of March , the King created Sir William Paulet Treasurour of his House , Lord Saint Iohn , Sir Iohn Russell Controlour , Lord Russell , and shortly after Sir William Par was created Lord Par. The eight and twentieth of April began a Parliament at Westminster , in the which Margaret Countesse of Salisbury , Gertrude wife to the Marquesse of Exceter , Reynold Poole Cardinall , bro●her to the Lord Montacute , Sir Adrian Foskew , Thomas Dingley Knight of Saint Iohns ; and divers others were attain●ed of high treason ; of whom Foskew and Dingley the tenth of Iuly were beheaded , the Countesse of Salisbury two yeeres after : and in this Parliament the Act of the six Articles was established , and Sir Nicholas Hare was restored to his place of Speaker in the Parliament . It was now five moneths after the Kings marriage with the Lady Anne of Cleve ; and though the King at the first sight of the Lady , did not like her person ; yet , whether as respecting the honour of Ladies , he would not disgrace her at the first meeting ; or whether he ment to try how time might worke him to a better liking ; or indeed , that he would not give distaste to the German Princes at that time , for sole ends he had a working , he dissembled the matter , and all things went on in a shew of contentment on all hands . But for all these shewes ; the crafty Bishop of London Stephen Gardiner , finding how the world went with the Kings affection towards his Queene ; and for her sake with Cromwell ; to neither of whom he was greatly affected ( not to the Queene , as misliking her religion ; not to Cromwell , as envying his greatnesse ; ) he so wrought upon the Kings inclination ; what by suggesting , and what by aggravating , that the Lord Cromwell the ninth of Iuly , sitting in the Councell Chamber , was suddenly apprehended and committed to the Tower ; and the ninteenth of the same moneth was attainted by Parliament , and never came to his Answer ; by a Law , which ( as some reported ) he himselfe had caused to be made ; and the eight and twentieth of Iuly was beheaded on the Tower-hill ; for crimes ( as appeares in Record ) of Heresie and Treason . This Lord Cromwell was borne at P●tney , a Village in Surrey neere the Thames side ; sonne to a Smith , after whose decease , his Mother was married to a Sheereman ; for the pregnancy of his wit he was first entertained by Cardinall Woolsey , and by him imployed in many great affaires ; the Cardinall falling , the King tooke him into his service ; and finding his great abilities , first advanced him for his worth , and then for his pleasure overthrew him . But the greatest part of Stephen Gardiners practice had beene done before ; for at Midsomer before , the King caused the Queene to remove to Richmond , as for her health and pleasure ; and and in the time of her absence , on the sixt of Iuly , sent certaine Lords to the Lower House of Parliament , who there declared certaine causes , for which the Kings marriage with the Lady Anne of Cleve , was not to be counted lawfull ; and so carried the matter , that the Convocation cleerly determined , the King might marry any other ; and so might she . Being thus Divorced ; it was further Enacted , she should no more be called Queene , but the Lady Anne of Cleve . The fault for which this Divorce was decreed , is not expresly delivered● some say , a precontract of the said Lady with a Lord of Germany was pretended ; but it seems to have bin for some womanish defect in her body ; as she spared not to a●firme that she had never bin carnally known by the King in al the time of their lying together : and as it is said , when her Ladies , one time said unto her , that they looked now every day to hear of her great belly ; she should answer , they might look long enough , unlesse , saying , how dost thou sweerest , God morrow sweet-heart , and suc● like words , could make a great belly ; for ( said she ) more then this , there never passed between the King and me . How ever it was , she willingly submitted to the Decree , whether out of fear , or perhaps as little liking the King as the King did her ; and afterward led a private life here in England , wel respected of the King , and dying sixteen yeers after , in the fourth yeer of Quee● Mary , was buried at Westminster . About this time Leonard Gray Deputy of Ireland , was on the Tower-hill beheaded , for suffering his Nephew Gerald Fitz-Garret to escape , who had been declared an enemy to the state , and then also was Thomas Fines Lord Dacres , a young m●n of foure and twenty yeers of age , hanged at Tyburne , ●or kiling a meane peson upon a suddaine affray ; also the fourth of A●gust , Thomas Epson a Monke of Westminster , for denying to take his oath , to be true to the King , had his Monks garment plucked from his back , the last Monke that was seen in such habit in England till Queen Maryes dayes . The sixt of Iuly in the two and thirtieth yeere of his Reigne , King Henry had been divorc●d from the Lady Anne of Cleve , and now the eighth of August following , the Lady Katherine Howard , Niece to the Duke of Norfolke and daughter to the Lord Edward Howard was shewed openly as Queene at Hampton-Court . On the tenth of Iune the yeere following , Sir Edmund Knevet of Norfolke , Knight , was arraigned before th● Officers of the Green-cloath , for striking one Master Cleere of Norfolke , within the Tennis-court of the Kings House● being found guilty , he had judgment to loose his Right hand , and to forfeite all his lands and goods ; whereupon there was called to do execution , first , the Serjeant Surgion , with his Instruments pertaining to his office , then the Serjeant of the Wood-yard , with a mallet and a block to lay the hand upon , then the Kings Master-cooke with the knife ●o cut off the hand , then the Serjeant of the larder to set the knife right on the joynt , then the Serjeant Farrier with searing●irons to seare the veines , then the Serjeant of the ●oultry with a Cock , which cock , should have his head smitten off upon the same block , and with the same knife ; then the Yeoman of the Chandry with seare-cloaths , then the Yeoman of the Scullery , with a pan of fire to heare the irons , a chafer of water to coole the ends of the irons , and two formes for all Officers to set their stuffe on , then the Serjeant of the Cellar with wine , Ale and Beere , then the Serjeant of the Ewry , with Bason , Ewre , and towels : all things being thus prepared Sir William Pickering Knight Marshall , was commanded to bring in his prisoner , Sir Edmund Knevet , to whom the chiefe Justice declared his offence , which the said Knevet confessed , and humbly submitted himselfe to the Kings mercy , onely he desired , that the King vvould spare his Right hand and take his left , because ( said he ) if my right hand be spared , I may live to doe the King good service : of vvhose submission , and reason of his suite , vvhen the King vvas informed , he granted him to loose neither of his hands , and pardoned him also of his lands and goods . The summer of his three and thirtieth yeer● King Henry with his Queene Katherine , made a progresse into the North-parts , and ret●rning at Alhallantide to Hampton-court he was there informed , of the Queens dessolute life first before her mariage with one Francis Deerham , a Gentleman of N●rfolke , whom imployed afterward in Ireland ; she had lately againe at Pomfret received into her service , and now since her mariage with one Thomas Colepepper , of the Kings Privy-chamber ; whereupon the thirteenth of November , Sir Thomas VVriothsley Knight secretary to the King , was sent to the Queen at Hampton-Court , to charge he● with these crimes , and discharging her houshold , to cause her to be convayed to Sion , there to remaine , till the Kings pleasure should be further knowne : the deli●quents being examined , Deerham confessed , that before the King● mariage with the Lady Katherine , there had been a pre-contract between himselfe and her ; but when he once understood of the Kings liking towards her , he then waved and consealed it for her preforment : so the first of December , the● Gentlemen being arraigned at the Guild-hall , they confessed the Indictment , a●● had Judgment to die , as in cases of treason : the tenth of December , they we●e drawne from the Tower to Tyburne , where Colepepper was beheaded , and Deerham was hanged and dismembred ; Colepeppers body was buried in Sepulchers Church in London , but both their heads were set on London-bridge : the two and twentieth of December , there were arraigned at the Kings-bench , the Lord VVilliam Howard and the Lady Margaret his wife , Katherin Tilney and Alice Restwold Gentlewomen , Ioane Bulmer , wife to Anthony Bulmer Gentliman , Anne Howard wife to Henry Howard Esquire , and brother to the Queene , with divers others , who were all condemned for misprision of treason , for concealing the Queens misdemeanor , and adjudged to forfeit all their lands and goods during life , and to remaine in perpetuall prison . The sixteenth of Ianuary the Parliament began at VVestminster , where the Lords and Commons p●●itioned the King , that he wo●ld not vex himselfe with the Queenes offence , and that both she and the Lady Rochford might be attainted by Parliament ; and that to avoid protracting of time , he would give his royal assent un●o it , under the great Seale , without staying for the end of the Parliament . Also , that Derham and Colepepper having beene attained before by the Common-Law , might be attainted likewise by Parliament : all which was assented to by the King ; and after , on the thirteenth of February , the Queen and the Lady Roch●ord were beheaded on the-greene within the Tower , where they confessed their offences , and dyed penitently : yet something to take off the offences of this Queene ; it is certainly said , that after her condemnation , she protested to Doctor VVhite Bishop of VVinchester , her last Confessour , that as for the Act for which she was condemned , she tooke God and his holy Angels to witnesse , upon her soules salvation , that she died guiltlesse . Before this , on the three and twentieth of Ianuary , King Henry was proclaimed King of Ireland ; where as before this ●ime , the Kings of England were onely entituled Lords of Ireland : and this title was given him both by the Parliament here , and by the Parliament holden in Ireland , before Sir Anthony Seintleger knight , the Kings Deputy there . About this time Arthur Plantagenet Visconnt Lisle , base sonne to King Edward tha fourth ; having beene imprisoned upon suspition of a practice , for betraying of Callice to the French , whilst he was the Kings Lievtenant there , was now found to be innocent of the Fact : and thereupon , the King to make him some reparation for his disgrace , sent him a Ring and a very gracious message , by Sir Thomas VVriothsley his Secretary ; whereat the said Viscount tooke so great joy , that the night following , of that very joy he died : so deadly a thing is any passion , even joy it selfe , if it be extream . After his death Sir Iohn Dudley , his wives Sonne , was crea●ed Viscount Lisle . This Sir Iohn Dudley was sonne to Edmund Dudley , beheaded in the first yeere of this Kings reigne , and was made Viscount Lisle in right of his Mother . During this Parliament , one George Ferrers Gentleman , servant to the King and Burgesse for the town of Plimmouth in Devonshire , in going to the Parliament House , was arrested in London by a Processe out of the Kings Bench , for a Debt wherein he was late afore condemned , as surety for one Welden , at the suit of one White ; which arrest being signified to Sir Thomas Moyle knight , ●peaker then of the Parliament , and to the Knights and Burgesses there ; order was ●aken , that the Serjeant of the Parliament , called Saint Iohn , should be sent to the Counter in Bredstreet ( whither the said Ferrers was carried ) and there demand to have him delivered : but the Officers of the Counter not onely refused to deliver him , but gave the Serjeant such language , that they fell at last to an affray ; at which time the Sheriffes comming , they also tooke their Officers part ; so as the Serjeant was faine to returne without the prisoner ; which being signified to the Speaker and the Burgesses , they tooke the matter in so ill part , that they would sit ●o more without their Burgesse ; and thereupon rising up , repaired to the Upper House , where the whole Case was declared by the Speaker , before Sir Thomas Audeley Lord Chancellour , and the Lords and Judges there assembled : who judgeing the contempt to be very grea● , referred the punishment thereof to the House of Commons it selfe : whereupon returning to their places againe● upon new debate of the Case , they tooke order that t●eir Serje●nt shou●d once more rep●ire to the Sheriffe of London , and demand ●●e prisoner , wit●out carryi●g any Writ or Warrant for the matter . It is tru●● the Lord Chancellour offered to grant a Writ , but the House of Common● refused it ; being of a cle●re opinion , that all Commandements from the nether House were to be executed by their Serjeant without Writ , onely by shewing his Mace , which is his Warrant : but before the Serjeants returne into London , the Sheriffes better advised , became more mild , and upon the second demand , delivered the prisoner without any deniall , but then the Serjeant had further in charge , to command the Sheriffs and Clerkes of the Counter , to appeare personally the next morning before the House of Commons : where appearing , they were charged by the Speaker , with their contempt , and compelled to make immediate answere , without being admit●ed ●o any counsaile , Sir Roger Chomley Recorder of London , offered to speak in the cause , but w●s not suffered , nor any other but the p●rties themselves : in conclusion , the Sheriffes and White who had caused the Arrest , were committed to the Tower , the Officer that did the Arrest , with foure other Officers to Newgate ; but after two or three dayes , upon the ●umble sui●e of the Major , were set at liberty ; and because the said Ferrers being in execution upon a condemnation of debt , and set at large by priviledge of Parlaiment , was not by law to be brought againe into execution ; and so the creditour without remedy for his debt , against him as his princip●ll debtour ; therefore after long debate , by the space of nine or ten dayes together , they at last resolved to make an Act of purpose , to revive the execution of the said debt , against Welden who was principall debtour , and to discharge Ferrers that was but surer● : wherein notwithstanding , the house was devided , and the Act passed but by fourteen voyces : the King being adver●ised of this proceeding , called before him the Lord Chancelour and the ●udges , the Speaker and divers of the lower House , to whom he decla●ed his Opinion to this effect : first commending their wi●dome , in maintaining the priviledges of t●eir house , ( which hee would ●o● have to be infringed in any point ) he alleaged , that ●e being head of the Parliament , and attending in his owne person upon the businesse t●ereof , ought in reason , to have Priviledge for himselfe and all his servants attending upon him , so as if the said Ferrers had been no Burgesse , but onely hi● servant ; yet in that respect , he was to have the priviledge as well as any other : for I understand ( saith he ) that you , not onely for your owne persons , but also for your necess●ry servants , even to your Cookes and Hors-keepers injoy the s●me p●i●iledge● i● so much , as my Lord Chancelour here present , hath informed u● , that whilst he was Speaker of the Parliament , the Cook of the Temple was Arrested i● London , and in execution upon a statute of the S●aple , and for so much , as the said Cook during all the Parliament served the Spe●ker in t●at office ; he was taken out of execution by priviledge of Parliament ; the Prerogative of which Court , ( as our learned Counsaile informeth us ) is so great , that all Acts and processes comming ou● of any other Court , must for the time ce●se and give place to it : and touching the party himselfe , though for his presumption he was worthy to have lost his debt , yet I commend your Equity , that have restored him to hi● debt against him that was the principall : when the King had said this , Sir Edward Mountacute Lord chiefe Justice , rose up , and confirmed by many reasons , all that the King had said , as likwise did all the other Lord● , none speaking any thing to the contrary . It was now the foure and thirtieth yeere of King Henries Reigne , when in May he took a loane of money of all such as were valued at fifty pounds and upward● in the Subsidy book , the Lord Privy-seale , the Bishop of VVinchester , Sir Iohn Baker , and Sir Thomas Wriothsley were commissioners , that the loane in London , who so handled the matter , that of some chief Citizens they obtained a thousand ma●kes in prest to the Kings use : for which Privie Seales were delivered to repay it againe within two yeeres . At this time , were many complaints made by the ●●gli●h , against the Scots , partly for receiving and maintaining diverse English Reb●ls , 〈◊〉 into Scotland , and partly for invading ●he Engli●h Borders ; but still w●en the King of Englan● was preparing to oppose them , the Scottish King would send Embassadours to tre●t of reconcilement , till at last , ●fter m●n● delusory prankes of the Scots ; the King of England , no longer ●nduri●g such abuses , sent the Duke of Norfolke his Leivtena●● Generall , accompanied with the Earls of Shrewsbury , Darby , Cumberland , Surrey , Hart●o●d , A●●us , Rutland , the Lords of the North parts , Sir Anthony Browne Master of the Kings horse , and Sir Iohn Gage Controller of the King● House , with others , to the number of twenty thousand men ; who on the one and twentieth of Oc●ober entred Scotland , where staying but eig●t daye● onely he burnt above eighteen Towne● , Abbeys , and Castles , and then without ●aving bat●aile offered , for want of victuals returned to Barwick ; ●● soon as ●e was returned , comes abro●d the King of Scots , raiseth a power of fifteen thous●nd men , and using great threatnings what he would doe , invaded the west Borders , but the edge of his threatning was soon taken off , for the bastard Da●●es , with Iack of Musgrave setting upon them with onely an hundred Light●horse , and Sir Thomas Wharton with three hundred , put them to flight ; upon a concei● , th●● the Duke of Norfolke with all his Army had beene come i●to those part● ; where were taken prisoner● of the Scots , the Earl of Cassill and Glenc●●ne , the Lord Maxwell Admir●ll of Scotland , the Lord Flemming , the Lord So●erwell , the Lord Oli●ha●t , the Lord Gray , Sir Oliver Sinclee●e , the Kings Minion , Iohn Rosse Lord of Gragy , Robert Erskin sonne to the Lord Erskin , Car Lord of Gredon , the Lord Maxwells two Brothers , Iohn Lesloy bastard sonne to the Earl of Rothus , George Hame Lord of Hemetton , with divers other men of account , to the number of above two hundred , and more then eight hundred of meaner calling ; so as some one English m●n , and some women also , had three or foure prisoner● in their hands : at which over●hrow , the King of Scots took such grief , that he fell into a burning Ague , and thereof died , leaving behind him one onely daughter ; and heere King Henry began to apprehend a greater matter then the victory , for he and his Couns●ile conceived , that ●hi● daughter , would be a fit match for his sonne Prince Edward , thereby to make ● perpetuall union of the two Kingdomes ; and to ●his purpose they confer●ed with the Lord whom they had taken prisoners , who exceeding glad of the proposition , and promising to further it by all the possible meane they could , were ●hereupon s●t at liberty , and suffered ●o return home . Comming into Scotland 〈◊〉 acquainting the Earl of Arraine wi●h the motion , who was chosen Gover●our of the young Queen and of the Realme ; t●e matter with great liking was entertained , and in Parliament of the three est●tes in Scotland , the marriage was confirme● , and ● peace between the two Re●lms , for ten yeer● wa● proclaimed , and Embass●dours sent into England , for sealing the conditions . But Beton Archbishop of S●int Andrews being Cardinall , and at the Popes devotion , and therefore an utter enemy to King Henry , so crossed the businesse that it came to nothing , but ended in a war between the two Kingdomes ; so as in March the yeere following , the Lord Seymour Earle of Hartford , with an Army by Land and Sir Iohn Dudley Lord Lisle , with a Flee●e by Sea , me● at New-castle , and there joyned together , for invading of Scotland ; with the Earl of Hartford , were the Earl of Shrewsbury , the Lords Cobham , Clinton , Conyers , Stinton , the Lord William Howard , with Knights and others , to the number of ten thousand , with Sir Iohn Dudley the Admirall , were two hu●dred s●ile of ships : on the fourth of May , the whole Army was landed two miles from the Towne of Lieth , at a place called Granther Crag ; and there the Lord Lievtennant puting his men in order , ma●ched toward the Towne of Lieth : the Lord Admirall led the foreward , the Lievtennant the Battell , and the Earl of Shrewsbury the Rearward . Before they came to the Towne of Lieth , the Cardinal with six hundred ●orse , besides foot , lay in the way to impeach their passage ; but they were so assailed by the , Harqu●butars , that they were glad to flye , and the first man that fled was the Cardinal himself , and then the Earls of Huntley , Murrey & Bothwel ; hereupon the English made forward to Lieth , and entred it without any great resistance : the sixth of May they marched towards Edenbrough , and as they approached the Towne , the provost with some of the Burgers , came and offered the keyes of the Towen , to the Lord Lievtennant , upon condition they might depart with bag and baggage , and the Towne to be preserved from fire ; but the Lord Livetennant told them , their falshood had been such , as deserved ●o fa●our , and therefore unlesse they would deliver the Towne absolutely without any condition , he would pro●eed in his enterprise , and burne the Towne . Here wee may see , what it is to make men desperate , for to this the Provest answered , they were better then to stand upon defence , and so indeed they did , and made the English glad to retire , for the Castle shot so fiercely upon them , that having burnt onely a part of the Towne , they returned to Lieth ; but whilst they lay there , they so wasted the Country , that within seaven mile● every way of Edenbrough , there was not a Towne , nor Village , nor house t●at was left unburnt : at Lieth , the eleveth day of May , the Lord Generall made Knights , the Lord Clinton , the Lord Conyers , Sir William Wroughton , Sir Thomas Holecraft , Sir Edward Dorrell , Sir Francis Hothome , and other● , to the number of at least threescore : in Lieth Haven , they seized upon all the Scottish Ships ; whereof two were of notable fairnesse , the one called the Salamander , given by the French King , at the mariage of his daughter into Scotland , the other called the Unicorne , made by the late Scottish King ; the ballast of which two ships was Cannon-shot , whereof they found in the Towne , to the number of fourscore thousand . On the fiftee●th of May , their Army and their Flee● departed from Lieth , both in one houre , having first set the Towne on fire and burned it to the ground : from Lieth the English Army marched to Seaton , from thence to Haddington , from thence to Dunbar , from thence to Ranton , all which Towns and Castles with diverse others they burnt and utterly defaced ; and on the eighteenth of May came to Barwick , not having lost in all the journey above fourteen men● In the meane time , in King Henries five and thirtieth yeer , on Trinity sunday a new league was entred into and sworne , between the King and the Emperour at Hampton-court , to be both offensive and defensive . In this yeer , Proclamation was made , whereby the people were licensed to eate white meats in Le●t , but streightly forbidden the eating of flesh ; whereupon shortly after , the Earle of Surrey with diverse other Lords and Knights , were imprisoned for eating of flesh contrary to the proclamation . The third of Iune this yeer , there came ou● of Ireland three Lord● , of whom Obrine was here created Earle of Thonmo●d , ( which ho●our his posterity injoyeth to this day ) Mack William a Bary , was created Ea●le of Clanrinckford , and Mack Gilparick , was made Barron of Ebranky . King Henry had already had five wives all of them Maides , and no good luck with any of them , he will now therefore try his fortune with a Widdow , a●d therupon the twelveth of Iune , in the five and thirtieth yeere of his Reigne hee took to wife the Lady Katherine Par , widdow of the Lord Latimer late deceased , who was then proclaimed Queen ; but how lucky would this ma●ch have proved , if the King had longer lived , God knowes , seeing in the short time of three yeers they lived together , it was no smal danger she escaped , which though it hapenned not till a yeer or ●wo after this time , yet will not unfitly be spoken of in this place , that so her story may come together ; this Queen as being an ●arnest Protestant , had many great adversaries , by whom she was accused to the King , to have Hereticall books found in her closet ; and this was so agravated against her , that they prevailed with the King , to signe a warrant to commit her to the Tower , with a purpose to have her burnt for Heresie ; this warrant was delivered to Wriothsley Lord Chancelour , and he by chance , or rather indeed by Gods providence , letting it fal from him , it was taken up and caried to the Queen ; who having read it , went soone after to visit the King , at that time keeping his chamber , by reason of a sore leg ; being come to the King , he presently fel into talk with her , ●bout some points of Religion , demanding her resolution therin ; but she knowing that his nature was not to be crost , specially considering the case she was in , made him answer , that she was a woman accompanied with many imperfections , but his Majesty was wise and judicious , of whom she must learne as of her Lord and Head ; not so by Saint Mary ( said the King ) for you are a Doctor Kate to instruct us , and not to be instructed by us , as often we have seen heretofore : indeed Sir ( said she ) if your Majesty have so conceived , I have been mistaken , for if heretofore I have held talke with you touching Religion , it hath bin to learn of your Majesty some point , whereof I stood in doubt , and sometimes that with my talke , I might make you forget your present infirmity : a●d is it even so Sweet heart ( quoth the King ) why then we are friends , and so kissing her , gave her leave to depart . But soon after , the day was appointed by the Kings warrant , for apprehending her ; on which day , the King being disposed to walk i● the Garden , had the Queen with him , when suddenly the Lord Chancelour with forty of the Guard● c●me into the Garden , with a purpose to apprehend her : when as soon as the King saw , he stept to him , and calling him knave and foole , bid him avaunt out of his presence : the Queen seeing the King so angry with him , began to intreat for him , to whom the King said ; ah poore soule , thou little knowest what it is he came about , of my word sweet heart , he hath bin to thee a very knave ; and thus by God● providen●● was this Queen preserved , who else had tasted of as bitter a c●p , as any of his former wives had done . About this time King Henry and the Emperour sent Garter and Toyson d●or , kings at Armes , to demand performance of certain Articles of the French King : which if he denied , they were then comanded to defie him : but the French King would not suffer them to come within his land , and so they returned : wherupon King Henry caused the s●id demand● to be declared to the French Embassadour at Westminster ; aud in Iuly sent over six thousand men , under the leading of Sir Iohn Walloppe accompanied with divers Knights & Gentlemen , Sir Thomas Seymour was Marshal of the Army , Sir Robert Bowes Treasuror , Sir Richard Cronwal Captain of the horse , and Sir George Carew his Lieutenant . There were likewise Sir Thomas Palmer , Sir Iohn Rainsford , Sir Iohn St. Iohn , and Sir Iohn Gascoigne Knights , that were Captains of the foot . Their Comission was to joyn with the Emperor , and together to m●ke war upon France . The third of August open wa● was proclaimed in London , between the Emperor & the King of England on the one part , and the F●e●ch King on the other , as mortal enemy to them both ; and to all other christian Princes besides , as he that had confederated himselfe with the Turk . Sir Iohn Wallop marching forth of Callice with his Army , joyned with ●●e Emperors Forces , who together went and besieged Landersey a Town lately fortified by the French , lying within the borders of the Emperors dominions : to raise this siege , the French King had raised a mighty army ; with which he came on , as if he ment to give the Emperor battaile ; and thereupon the Emperor raising his siedge , with a purpose to encounter him , the French King tooke the opportunity to put men and victuals into the town , which was the thing he intended : and having done this , the night following departed with his army ; and then the Emperour seeing him gone , and finding the winter coming on , and no hope of sudden ge●ting the Town , being now newly supplied , he also broke up his Army , and returned home . This yeer , the sunday before Christmas , the Lord William Parre , brother to the Queen , who had maried the daughter and heire of Henry Bourchier Earle of Essex , was at Hampton Court created Earl of Essex , & Sir William Parre knight unckle to them both , was made Lord Parre of Horton and Lord Chamberlin to the Queen ; and on New-yeers-day Sir Thomas Wriothsley , the Kings Secretary , was made Lord Wriothsley of Tichfield . In Iune this yeer , Matthew Earl of Lenox fled out of Scotland and came into England , whom King Henry received kindly , and gave him in marriage the Lady Margaret his Sisters daughter , by whom he had Henry , Father of our late King Iames of blessed memory . Thomas Audley Lord Chancellour , being lately dead , Thomas Lord Wriothsley succeeded him in the place ; and now was an Army levied to goe for France ; the Duke of Norfolke and the Lord Privie Seal , accompanied with the Earl of Surrey the Dukes Son , the Lord Gray of Wilton , the Lord Ferrers of C●artley and his Son Sir Robert Devereux , Sir Thomas Chainey Lord Warden of the Cinque Ports , the Lord Montjoy , Sir Francis Byran , Sir Thomas Poynings Captaine of Guysnes , with many other Knights and Gentlemen , about Whitsontide passed over to Callice ; and marching toward Muttrel , joyned with the Emperours forces , under the leading of the Count de Buren ; which two Armies laid siedge to Muttrel , wherof Monsseur de Bies , one of the Martials of France was Captaine , but being then at Bulloign , and hearing of the siedg of Muttrel , he left Bulloigne and with his forces came thither , which was the thing that was desired , to draw him from Bnlloign ; and thereupon was the Duke of Suffolke appointed to passe over with the Kings army , accompanied with the Earl of Arundell . Marshall of the Field , the Lord St. Iohn , the Bishop of Winchester , Sir Iohn Gage Controlor of the Kings house , Sir Anthony Browne Master of the Kings horse , with divers others ; who the ninteenth of Iuly came and incamped before Bulloigne ; the four and twentieth of Iuly the King in person , accompanied with divers of the Nobility , came to Callice ; and the six and twentieth incamped before Bulloign on the north side ; many batteries and assaults were made , so long , till at last the Town upon composition yeelded , and the Duke of Suffolke entred and tooke possession , suffring six thousand French , as was agreed , with bag and baggage to depart . The eight of September King Henry entred the town himselfe , and then leaving the Lord Lisle Lord Admirall , his Deputy there , he returned into England , landing at Dover the first of O●tober . Many enterprises after this were made by the Dolphin of France , and by Monsieur de Bies for recovery of Bulloigne , but they were still repulsed , and the English kept the towne in spight of all they could doe ; although at one time there came an Army of eighteene thousand foot , at another time an Army , wherein were reckoned twelve thousand Lance-knights , twelve thousand French foot-men , sixe thousand Italians , foure thousand of Legionarie souldiers of France , a thousand men of Armes , besides eight thousand light Horse ; great Forces certainly to come and doe nothing . Whilst these things were doing about Bulloign , the ships of the west Country and other places wa●ted abroad on the Seas , and took above three hundred French ships ; so that the Gray-friers Church in London was laid full of wine , the Austin-friers and Black-friers full of herrings and other fish , which should have bin convayed in France . About this time the King demanded a Benevolence of his Subjects , towards his wars in France and Scotland , to which purpose , the Lord Chancelour , the Duke of Suffolke , and other of the Kings Counsaile sate at Baynards Castle , where they first caled before them the Major and Aldermen , and because Richard Read Alderman , would not agree to pay as they set him , he was commanded to serve the King in his wars in Scotland , which the obstinate man rather choose to doe , then he would pay the rate he was required , but being there , he was taken prisoner by the Scots , to his far greater damage , then if he had agreed to the Benevolence required . For at this time , Sir Ralph Evers Lord Warden of the Marches , after many fortunate Roades into Scotland , assembled four thousand men , and entring Scotland now againe , was encountred by the Earl of Arraigne by whom he and the Lord Oagle , and many other Gentlemen were slaine , and diverse were taken prisoners , of whom Alderman Read was one . It was now the seaven and thirtieth yeer of King Henries Reigne , when on Saint Georges day Sir Th●mas Wriothsley Lord-Chancelour , was made Knight of the Garter , also Trinity Tearme was adjourned , by reason of the warres but the Exchequer and the Court of the Te●thes were open . At this time , the English fleet went before New-haven , but being there encountred by a farre greater fleet of French , they ret●rned ; with whose retreate , the French Admirall emboldned , came upon the Coast of Sussex , where hee landed Souldiers , but upon firing of the Beacons was driven back , after which he landed two thousand men in the Isle of Wight , but was there repelled , though reported to have in his ships threescore thousand men . In Angust this yeer , died the valiant Captaine , the Lord Poynings , the Kings Lievtenant of his Towne of Bulloigne , and the same month also , died at Guildford , the noble Duke of Suffolke , Charles Brandon , Lord great Master of the Kings House , whose Body was honourably buried at Windsore at the Kings cost . About this time , the Scots having received aide out of France , approached the English Borders , but durst attempt nothing , whereupon the Earle of Hertford , Lievtenant of the North parts , raising an army of twelve thovsand men , English and strangers , entred Scotland and burnt a great part of Mers and Tividale , as Kelsay Abbey and the Towne , the Abbeys of Medrosse , Driborne , and Yedworth , with a hundred Townes and Villages more ; when on the sixteenth of September , an Army of Scots and French attempted to enter into England on the East borders , but in a streight were set upon by the English , who slew and tooke of them to the number of seven score , amongst whom was the Lord Humes sonne , and a principall French Captaine ; in another roade , which they made into the West Borders , the Lord Maxwels sonne , and diverse other were taken , but then at another time ( such is the chance of war ) five hundred English entring the West Borders of Scotland were discomfited , and the greatest part of them either taken or slaine . And now to revenge the presumptious attempts of the French upon the Isle of Wight , the Lord Admiral with his fleet approached the Coasts of Normandy landed six thousand men at Treport , burnt the Suburbs of that Towne with the Abbey , destoryed thirty ships there in the Haven , and then returned , not having lost above fourteen persons in the whole voyage . At this time the Earle of Hartford lying at Bulloigne , had in his Army above fourscore thousand men , and many skirmishes passed between him and the French , till at last , by mediation of the Emperour and diverse other Princes a meeting was appointed to treat of a peace , between the two Kings of England and France ; hereupon there came to Guisnes for the King of England , the Earl of Hertford , the Bishop of Winchester , Sir Iohn Dudley Viscount Lisle , Baron of Mawpas and high Admirall of England , Sir William Paget the Kings Secretary & Doctor Nicholas Wootton Dean of Canterbury . For the French King , there came to Ard , Claude Danebolt Admirall of France , the Bishop of Eureux , Monsieur Reymond chiefe President of Roan , and the Secretary Bouchetell . Diverse times they met betwixt Ard and Guisnes , and after long debating of matters , and diverse breakings off● at length , the seventh of Iune , a Peace was concluded , and proclaimed in the City of London on Whitsunday the thirteenth of Iune , by sound of trumpet ; and the same day in like manner at Paris and Roan ; the chiefe Article of which Peace was this ; that the French King paying to the King of England eight hundred thousand Crownes , within the terme of eight yeeres , should have Bulloigne againe restored to him , which in the mean time should remain in possession of the King of England , as a pledge for assurance of the said money ; and now for a full establishment of this Peace , the Viscount Lisle Lord Admirall , with the Bishop of Duresme and divers other Lords , were sent into France to take oath of the French King and of the Dolphin ; as likewise at the same time , divers Lords came from the French King to take oath of King Henry ; who by the way were met by the yong Prince and many Lords , and conducted to the King at Hampton-Court . In his seven and thirtieth yeere , the three and twentieth of November , a Parliament began at VVestmins●er , wherein was granted to the King , a Subsidie both of Spiritualty and Temporalty , and all Colledges , Chanteries and Hospitalls were given to him to dispose of : the foure and twentieth of December the Parliament was prorogued , on which day the King comming to the Parliament House , the Speaker made to him an Oration , which the Lord Chancelour was used to answere , but at this time the King would answer himselfe , the effect whereof was , that where Master Speaker had commended him for many excellent qualities that were in him , he thanked him for it , not that he had them , but for putting him in mind , how necessary it was , he should have them ; then he thanked the whole House for their Subsidie , and for giving him the Colleges and Chanteries , which hee promised to see bestowed , to the glory of God and good of the Realme ; lastly , he ackowledged their love to himselfe , but found fault with want of love to one another ; for what love , where there is not concord ? and what concord , when one calleth another Heretick and Anabaptist , and he againe calleth him Papist and Hipocrite : and this not onely amongst those of the Temporalty , but even the Clergy men themselves preach one against another , inveigh one against another , without Charity or Discretion ; some be so stiffe in their old mumpsimus , and others so curious in their new sumpsimus , that few or none Preacheth truly and sincerely the word of God ; now therfore let this be amended , feare and serve God , be in Charity amongst your selves , to the which I as your supream Head and Soveraigne Lord , exhort and require you : and this said , the Acts were openly read , to some he gave his Royall assent , and to diverse assented not . Whilst oath for the peace was thus taken by both Kings , Bulloigne remaining still in King Henries possession , Monsieur de Chatillon Captain of Mont-pleasier began to make a new Bastillion at the very mouth of the Haven of Bulloigne naming it Chatillous Garden : hereof the Lord Gray of VVilton as then Deputy of Bulloigne advertised the King by Sir Thomas Palmour , requiring to know his pleasure whither he should race it , as a thing very incommodious to the Town , or let it stand ; the King asked advice of his Counsail , who all agreed , that the conditions of the peace ought in no wise to be infringed , and therefore to let the Bastillian stand ; whereupon the King caused his Secretary the Lord Paget , to write a letter to the Lord Gray , to that purpose , but then called Sir Thomas Palmour secretly to him , bidding him tell the Lord Gray , that whatsoever he had written in his letter , yet with all speed possible , he should race the fortification to the ground ; Sir Thomas Palmour replying that a message by word of mouth being contrary to his leter , would never be beleeved , wel ( said the King ) do you tell him as I bid you , and leave the doing it to his choice ; upon the comming back of Sir Thomas Palmour , the Lord Gray called a counsaile , shewing them th● King● letter , and withall Sir Thomas Palmours message , and then asked their Advise , what in this case he should doe ? who all agreed without any question , that the letter was to be followed , and not the message , to which the Lord Gray himselfe said nothing , but caused the message to be wtitten verbatim from Sir Thomas Palmours mouth , and those of the Counsaile , to set their hands to it : this done , the night following he issued forth with a company of Armed men and Pioners , aud overthrew the fortification to the ground , a●d then sent Sir Thomas Palmour with letters to the King , who as soon as he saw him , asked aloud , what , will he doe it or no ? Sir Thomas Palmour delivering his letter said , your Majesty shall know by these , but then the King halfe angry , nay tell me ( saith he ) wil he doe it or no ? being then told it was done , and the fortification clean raced , he turned to his Lords and said , what say you my Lords to this , Chatillous Garden is raced to the ●loore ; whereto one presently answered , that he that had done it , was worthy to loose his head , to which the King streightl● replyed , that he would rather lose a dozen such heads as his was , that so J●dged , then one such servants as had done it , and therewith commanded the Lord Grays pardon should presently be drawn , the which he sent vvith letters of great thanks , and promise of reward ; the cause why the King took this course was this , lest if he written the racing of the Fortification , in his letter it might have come t● the French-mens knowledge , before it could have been done , and so have been prevented , and by this may be taken a scantling of King Henries great Capacitie . It is now the eight and thirtieth yeere of his reigne , when about Michaelmas Thomas Duke of Norfolke , and Henry Earle of Surrey his Sonne and heire , upon certaine surmises of treason , were committed to the Tower of London ; and the thirteenth of Ianuary , the King then lying at the point of death , the said Earle was arraigned in the Guild-hall , before the Lord Major , the Lord Chauncellour , and other Lords there in Commission ; the speciall matter wherewith he was charged , was the bearing of certaine Armes that were said to belong to the King and to the Prince ; though the Earle justified the bearing of them , as belonging to divers of his Ancestours ; affirming withall , that he had the opinion of Heraulds therein : But this notwithstanding , being no Lord of the Parliament , he was tried by a common Jurie , and by them was found guilty , and thereupon had judgement of death ; and the nineteenth of Ianuary was beheaded on the Tower-hill . The Duke was attainted by Parliament and kept in prison , ●ill in the first yeer of Queen Mary the Attaindour was reversed . The death of this Earle might lay an imputation of cruelty upon King Henry , if a just jealousie growing from the many circumstances of the Earles greatnesse , in the tender age of his owne Sonne did not excuse him . Soone after the death of this Earle , the King himselfe died ; having made his last Will , in which he tooke order , that his Sonne Edward should succeed him in the Crowne , and he dying without issue , his daughter Mary , and she dying without issue , his daughter Elizabeth ; although another order of succession had passed before by Act of Parliament . The Executors of his last Will were these sixteene ; Thomas Cranmor Archbishop of Canterbury , Thomas Wriothsley Lord Chancellour , Sir William Pawlet Lord Saint Iohn , and great Master of the Houshold , Sir Edward Seymor Earle of Hartford and high Chamberlin of England , Sir Iohn Russell Lord Privie Seale , Sir Iohn Dudley Viscount Lisle , Lord Admirall● Cutbert Tunstall Bishop of Durham , Sir Anthonie Browne Master of the Horse , Sir Edmund Montacute , Lord chiefe Justice of the Common-Pleas , Sir Thomas Bromley one of the Justices of the Kings Bench , Sir Edward North Chancellour of the Augmentation , Sir William Paget Knight of the Order , Sir Anthonie Dennie , Sir William Herbert , Sir Edward Wootton Treasurour of Callice , and Nicholas VVootton Deane of Canterbury and Yooke . To whom were adjoyned as assistance these twelve , Henry Fitz Allan Earle of Arundell , VVilliam Par Earle of Essex , Sir Thomas Cheyney Treasurour of the Houshold , Sir Iohn Gage Controlour , Sir Anthony VVingfield Vice-chamberlaine , Sir VVilliam Peter Principall Secretary , Sir Richard Rich , Sir Iohn Baker of Sissingherst in Kent , Chancellour of the Exchequer , Sir Ralph Sadler , Sir Thomas Seymour , Sir Richard Southwell and Sir Edward Peckham . And it was not without need to leave a full Councell Table , considering in what termes he left the Kingdome when he died . Abroad , in league with the Emperour , at Peace with the King of France ; but whether these were not personall onely , and no longer binding then King Henry lived , might be doubted ; with the Scots at deadly send ; with the Pope at utter defiance ; from both which coasts there could be expected but little faire weather : at home , the frame of Religion extreamly disioynted ; and the Clergie that should set it in frame , out of frame themselves : the mindes of the people extreamly distracted ; and the Nobility that should cyment them , scarce holding themselves together : And in this stare was the Kingdome when King Henry the eight dyed , in the yeer 1547. the fifty sixth of his life , and of his Reigne the eight and thirtieth . Of his Taxations . IN his fourth yeer , in a Parliament at Westminster , was granted to the King , two Fifteens of the Temporalty , and two Tenths of the Clergie , and Head-money ; of every Duke ten marke , an Earle five pound , a Barron ●oure pound , a Knight foure markes , and every man valued at eight hundred pounds in goods , to pay ●oure markes , and so after that rate till him that was valued at forty shillings , and he paid twelve pence , and every man and woman of fifteen yeers & upward four pence . In his sixth yeer , a Parliament was holden , wherin divers subsidies were granted to the King , towards the charges of his wars in France : in his fourteenth yeer , order was taken by the Cardinall , that the true value of all mens substance might be knowne , and he would have had every man swom , to tell what they were worth , and required a ●enth part thereof , towards the Kings charges in his present wars , as the spiritualty had granted a fourth part : this the Londoners thought very hard , and thereupon were excused for taking oath , and were allowed to bring in their bils upon their honesties ; but when all was done , after much labouring by the Cardinall , the Clergy granted one halfe of all their yeerly Spirituall Revenues , for five yeers , and the Temporalty two shillings in the pound , from twenty pounds upwards , and from forty shillings to twenty pounds , of every twenty shillings twelve pence ; and under forty shillings , of every head of sixteen yeers and upwards four pence , to be paid in every two yeers : in his sixteenth yeer , the Cardinall of his owne head , attempted by Comission , to draw the People to pay the sixth part of every mans substance in plate or monie ; but this was generally opposed , and the People in many Countries rise upon it , so as comming to the Kings knowledg , ●e utterly disavowed it , and blamed the Cardinall exceedingly for attempting it . In his foure and twentieth yeer in a Parliament then holden , a fifteenth was granted to the King , towards his charges of making fortifications against Scotland . In his one and thir●ieth yeer , a Subsidie of two shillings in the pound of lands , and twelve of goods , with foure fifteenes were granted to the King , towards his charges of making Bulwarks . In his five and thirtieth yeer , a Subsidie was granted to be paid in three yeers , every English-man being worth in goods twenty shillings and upwards to five pounds , to pay four pence of every pound , and from five pounds to ten pounds eight pence , from ten pounds to twenty pound six pence● from twenty pounds and upwards , of every pound two shilings ; strangers as wel denizens as others , being inhabitants to pay double , and for lands , every English-man paid eight pence o● the pound , from twenty shillings to five pounds , & from five pounds to ten pounds sixteen pence , and from ten pounds to twenty pou●d● two shillings , and from twenty pounds and upwards , of every pound three shillings , strangers double ; the Clergy six shillings in the pound of Benefices , and every Priest having no Benifice , but an Anual stipend , six shillings eight pence yeerly , during three yeers . Of Lawes and Ordinances in his time . IN a Parliament holden in his sixth yeere , diverse Lawes were made , but two most spoken of ; one for Apparell , another for Labourers . In his twelvth yeere , he caused the Statutes against Inclosures to be revived , and Commanded that decaied houses should be built up againe , and that inclosed grounds should be laid open ; which though it did some good , yet not so much as it might have done , if the Cardinall for his owne benefit , had not procured liberty for great men , to keep up their inclosures , to the oppression of poor men . In his seventeenth yeer , the King lying at Eltham , diverse ordinances were made b● the Cardinall touching the Governance of the Kings House , and were long after called the Statutes of Eltham . In his eighteenth yeere , in the month of May , Proclamation was made against all unlawfull games , so that in all places tables , dice , cards and Bowles , were taken and burnt ; but this order continued not long , for young men being restrained from these Games , fell some to drinking , some to stealing of Conies and Deere , aud such other misdemeanours : also in this yeere , was an inhauncing of Coyne , for preventing the carrying it over to places where it went at higher rate , so that the Angell which went before but for seven shillings , should now goe for seven and six pence , and every ounce of Gold should be five a●d forty shillings , which was before but forty , and other Coynes accordingly . In his twentieth yeer Sir Iames Spencer being Major of London , the watch used on Mid-somer night was laid downe . In his three and thirtieth yeer , in a Parliament then holden , an Act was made , that whosoevet should poyson any person should be boyled to death , by which Statute one Richard Roose , who had poysoned diver●e persons in the Bishop of Rochester place , was boyled to death in Smithfield , to the terrible example of all other . In his two and twentieth yeer , three Acts were made , one fo● probate of Testaments , another for Mortuaries , the third against plurality of benefices , Non-Residence , buying and taking of Farmes by spirituall persons . In his thirtieth yeer , it was ordained by Cromwel the Kings Vicar General , that in al Churches a Register should be kept of every Weddng , Christning , and buriall within the same Parish for ever . In his one and thirtieth yeer , the King first instituted and appointed fifty Gentlemen called Pensioners , to waight upon his person , assighning to each of them fifty pounds a yeer , for the maintainance of th●mselvs and two horses , in his six and thirtieth yeer , Proclamation was made for the inhancing of Gold , to eight and fort● shillings , and silver to foure shillings the ounce , also he caused to be coyned base money , mingling it with brasse which was since that time called downe the fifth yeere of Edward the sixth , and called in the second yeer of Queen Elizibeth . In his seven and thirtieth yeer , the brothell houses , called the Stewes on the Bank-side in Southwarke , were p●t downe by the Kings Commandement , and was done by proclamation and sound of Trumpet . In his three and twentieth yeer , it was enacted , that Butchers should sell their meat by weight , Beef for a half-peny the pound , and Mutton for three farthings , also at this time forraigne Butchers were permitted , their flesh in Leadenhall-market , which before was not allowed ; in his time also , the Government of the President in the North was first instituted , and the first President there , was Tunstall Bishop of Durham . Affaires of the Church in his time . IN the yeer 1517. the eighth yeer of this Kings Reigne , Martin Luther of VVittemberg in Germany a Frier of the Order of the Hermisses , taking occasion from the abuse● of Indulgences , began to Preach against the Authority of the Pope , and to bring in a Reformation of Religion ; for repressing of whom the Counsaile of Trent was called by Pope Paul the third , in the yeere 1542. which continued above forty yeers , but was never received in the Kingdome of France● which Counsaile , by decreeing many things to be poins of faith , which were not so accounted before , hath made no small distraction amongst P●pists themselves : against this Luther , King Henry wrote a booke with great bitternesse , and with as great bitternesse was answered ; at the same time with Luther , there arose also in the same Country other Reformers of Religion , as Zuingliu● , Occloampadious , Melancthon , who differing from Luther in some few points , made the difference which is at this day of Lutherans and Protestants , so called at first Auspurg , for making a protestation in defence of their Doctrine , which soon after spread all Christendome over : King Henry in the sixth and twentieth yeer of his Reigne , had excluded the Popes Authority ou● of his Realme ; but thinking the worke not sufficiently done , as long as Abbeys and Prio●ies kept their station , which were , as it were his Forteresses and Pillars ; there w●s not long after me●nes found to have them suppressed , for aspersio●s being l●id upon them ( and perhaps no more then truth ) of Adulteries and Murther● , they by Act of Parli●ment , in his eight and twentieth yeer , at lest neere foure hundred of them suppressed , and all their lands and goods conferred upon the King. In his one and thi●tieth yeer all the rest ; and lastly , in his five and thirtinth yeer , all Colledge● , Chantries and Hospitals ; so as the hives being now all removed , there have never since any Bees or Drones been seen in the Country : in this Kings time , the Citty of Rome was taken and sacked by the Imperiall Army , forcing the Pope to fly to his Castle Saint Angelo , and there kept a prisoner , till he agreed to such conditions as his Adversaries propounded . In the two and twentieth yeere of this Kings reigne , a Proclamation was set forth that no person should purchase any thing from the Court of Rome , and this was the first blow given to the Pope in England . In his three and twentieth yeer the Clergy submitting themselves to the King , for being found guilty of a Praemunire , were the first that called him supream head of the Church . In his foure and twentieth yeere a Parliament was holden , wherein one Act was made , that Bishops should pay no more Annats or money for their Buls to the Pope , and another that no person should appeale for any cause out of this Realm , to the Court of Rome , but from the Commissary to the Bishop , and from the Bishop to the Archbishop , and from the Archbishop to the King , and all causes of the King to be tried in the upper Ho●se of the Convocation . In his six and twentieth yeer in Iuly , Iohn Frith was burnt in Smithfield , a●d with him at the same stake one Andrew Howet a Tailor , both for denying the Reall presence in the Sacrament ; and in a Parliament holden t●is yeer , an Act was made which Authorized the Kings Highnesse , to be supreame head of the Church of England , and the Authority of the Pope to be abolished , and then also was given to the King the first fruits and tenths of all Spirituall livings ; and this yeer were many put to dea●h , Papists for denying the Kings Supremecy , Protestants for denying the Reall presence in the Sacrament ; and it is incredible what numbers for thes● two causes were put to death , in the last ten yeers of this Kings Reign , of whom if we should make perticular mention , i● would reach a great way in the Book of Martyrs : in his eight and twentieth yeer , the Lord Cromwell was made Vi●a● General under the King , over the Spiritualty , and sate divers times in the Convocation House amongst the Bishops as head over them ; and in September thi● yeere , he set forth injunctions , commandi●g all Parsons and Curates to ●each their Parishoners the Pa●er Noster , the A●e , and Creed , with the ten Commandements and Articles of the Christian F●ith in the English tongue . I● his one and thirtieth yeer , was set forth by the Bishops , the Book of the six Articles , condemning all for Hereticks and to be burnt that should hold , 1. That the body of Christ was not Really present in the Sacrament after Consecration . 2. That the sacrament might not truly ●e Administred under one Kind . 3. That Priests entred into Holy Orders might marry . 4. That vowes of Chastity entred into upon mature deliberation , were not to be kept . 5. That private Masses were not to be used . 6. That Auricular Confession was not necessary in the Church . T●is yeere also the Religion of St. Iohns in England , commonly called the Order of Knights of the Rhodes was dissolved ; and on Assension day , Sir William Weston Knight , Prior of St. Iohns departed this life , for thought ( as was reported ) after he heard of the dissolution of his Order , for the King took all the lands that belonged to that Order into his owne hands ; in his six and thirtieth ●eere , the Letany or Praecession was set forth in English , with commandement by the King , to be generally used in Parish Churches . Workes of Piety done by him or others in his time . UPon the suppressing of Abbeys , King Henry instituted six new Bishopricks ●nd six Cathedrall Churches , endowing them with convenient mainte●ance , he also gave competent Pensions during their lives , to such Riligious Persons as were turned out of their Cloysters ; he also insti●uted in both the Universities , Professors of the Hebrew and Greek tongues , of Divinity , Civil-law and Physick , allowing to each of them forty pound a yeer : he also founded a Colledge at Cambridge ; he gave at his death a thousand markes to the poor , and to twelve poore Knights of Windsore , each of them twelve pence a day for ever , and every yeere a long gowne of white cloath : in the fifth yeer of this Kings reigne , George Monor Major of London , re-edified the decayed steeple of the Church of Waltham-stow in Essex , adding thereunto a side Isle with a Chappel where he lieth buried ; on the North side of the Church-yard there he founded a faire Alms-house , for a Priest and thirteen poor men and women , giving them a weekly maintenance ; he also for the commodity of Travelours made a cawsey of timber over the marshes , from Waltham-stow to Lock-bridg towards London . In this Kings eighth yeer Richard Foxe Bishop of Winchester founded Corpus Christi Colledge in Oxford , minding to have made it a house for Monkes , but Hugh Oldham Bishop of Exceter , perswaded him to make it rather a Colledge for Schollars , and joyned with him in it , contributing great sums of money towards it , contenting himselfe with the name onely of a Benefactour . In his seventh ye●r King Henry builded the town of Greenwich . In this Kings time , Cardinall Woolsey Founded two Colledges , one at Oxford , another at Ipswich ; to his Colledge at Oxford he had given foure thousand pounds Land a yeere , but his Lands being all confiscate to the King , the King tooke the Lands , but yet gave to the Colledge a competent maintenance for a Deane , eight Prebends , and a hundred Fellowes ; which Colledge is now called Christ-Church , and accounts King Henry for their Founder . His Colledge at Ipswich was demolished . This Cardinall also built Hampton-Court , the chiefest at this day of all the Kings houses , and built or enlarged White-hall , called then Yorke-Place . King Henry in his foure and twentieth yeer , built his Mansio● House of Saint Iames , where also he made a faire Parke . This place before had ●eene an Hospitall of Sisters , with whom the King compounded , giving them Pensions during their lives . In his thirtieth yeere , Nicholas Gibson Gro●er , then Sheriffe of London , builded ● Free-School at Ratcliffe nere London with maintenance for a Master and an Usher ; ●e also builded an Alms-house there for fourteen poor and aged people . In his one and thirtieth yeer , Thomas Huntlow the then Sheriff of London , gave certain tenements to the Haberdashers , for finding of ten Almes-men of the same company . In his six and thirtieth yeer , Sir Iohn All●n who had been twice Major ● London , and of the Kings Counsaile , gave at his death , to the Citty of London , a rich Coller of Gold , to be worn by the Major : which Collor was first wor●e by S●r William Laxton on Saint Edwards day , at the Election of the new Major , who gave to every Ward in London twenty pounds , to be distributed amongst poore Housholders , besides to sixscore persons , whereof threescore men to every one a gowne of broad-cloth and a black cap ; and threescore women , to every one a gowne of the like cloath ●nd a white Kerchiffe . In his eight and thirtieth yeer , King Henry gave to the Citty of London , for reliefe of poore people Saint Barthalomews Spittle , the Church of the Gray-Friers , and two Parish Churches , the one at Saint Nicholas in the ●hambles , the other Saint Ewins in Newgate-Marke● , all to be made one Parish Church of the Gray-Fryers ; and in Lands he gave for the maintenance of the same five hundred markes a yeere for ever : and this Church to be named Christ-Church ; founded by King Henry the eighth . Casualties in his time . IN his ninth yeere happened a Swea●ing-sicknesse , whereof infinite multitudes in many parts of England dyed , specially in London ; and was so violent , that in three and sometimes two houres , it tooke away mens lives , and spared neither rich nor poore ; for in the Kings Court the Lord Clinton , the Lord Gray of Wilton , and many Knights , Gentlemen and Officers dyed of it . It began in Iuly , and continued to the midst of December . In his thirteenth yeere , was a great mortality in London , and other places of the Realme , and many men of Honour and Worship dyed ; amongst others , Doctor Fitz-Iames Bishop of London , in whose place Doctor Tunstall succeeded . In his nineteenth yeere , by extremity of raine in seed-time , there followed a great dearth of Corne , which would have caused great calamity , but that it was relieved in London by Merchants of the Styliard out of Germany , and a thousand quarters supplied out of the Kings owne provision . In his twentieth yeere , in the end of May , began in London another Sweating-sicknesse , which afterwards infected all places of the Realme ; by reason whereof the Tearme was adjourned , and the Cicuit of the Assizes also ; many dyed in the Court , as Sir Fra●cis Poynts , Sir William Compton Knights , and William Carew Esquire of the Kings Privie-Chamber ; the King himselfe for a space , removed almost every day , till he came to Tittinhanger , a place of the Abbot of Saint Albones , where he with the Queene and a small number remained , till the sicknesse was past . In his thirtieth yeere , the manner of casting Pipes of Lead , for conveyance of water under-ground , without using of soder , was first invented by Robert Brocke Clerke , one of the Kings Chaplaines : a profitable invention , for by this , two men and a boy will doe more in one day , then could have beene done before by many men in many dayes : Robert Cooper Goldsmith , was the first that made the Instruments , and put this Invention in practice . In a Rebellion in the North , in this Kings time , when the Duke of Nor●olke , was sent with an Army against the Rebels , and that a day o● battaile betweene them was appointed , it happened , that the night before a small Brooke called Dun , running between the two Armies , upon the fall of a small rai●e , swelled to such a height , that it was not passable by either foot or horse ; a thing which had never happened before upon a great raine , and was then accounted ( as indeed it was ) no lesse then a Miracle . In his three and thirtieth yeere , was a great mortality in the Realme , by reason of hot Agues and Fluxes ; and withall so great a drouth , that small Rivers were clean dryed , much cattell dyed for lacke of water , and the Thames were grown so shallow , that the Salt-water flowed above London-bridge , till the raine had encreased the fresh waters . In his five and thirtieth yeere , the first cast-Peeces of Iro● that ever were made in England , were made at Buckstead in Sussex by Ralph H●ge and Peter Bawde . In his six and thirtieth yeere , was a great Plague in London , so as Michaelm●s Tearme was adjourned to Saint Albones , and there kept . In his seven and thirtieth yeere , on Tuesday in Easter-weeke , William Foxley Pot-maker for the Mint of the Tower of London , fell asleepe , and could not b● waked with pinching or burning , till the first day of the next Tearme , which was full fourteene dayes ; and when he awaked , was found in all points , as if he had slept but one night , and lived forty yeeres after . About ●●is fifteenth yeere , it happened that divers things were newly brought int● England , whereupon this Rime was made : Tur●●s , Carps , Hoppes , Piccarell and Beere , Ca●●e into ENGLAND all in one yeere . Of his Wives and Children . KIng Henry had six Wives , his first was Katherine , daughter of Ferdinand King of Spain , the Relict of his brother Arthur , she lived his Wife above twenty yee●s , and then was divorced from him ; after which she lived three yeers by the name of Katherine Dowager , she deceased at Kimbolton in the County of Huntington , the eighth of Ianuary in the yeere 1535. and lieth interred in the Cathedral Church of Peterborough , under a Hearce of black say , having a white Crosse in the midst . His second Wife was Anne second da●ghter of Sir Thomas Bullen , Earle of VViltshire and Ormond ; shee was maried to him the five and twentieth day of Ianuary , in the yeere 1533. lived his wife three yeers , three months and five and twenty dayes , and then was beheaded , and her body buried in the Quire of the Chappell in the Tower : his third Wife was Iane daughter of Sir Iohn Seymour and sister to the Lord Edward Seymour , Earle of Hartford and Duke of Somerset , she was maried to him the next day after the beheading of Queen Anne , lived his Wife one yeer five months and foure and twenty dayes , and then died in Child-bed , and was buried in the midst of the Quire of the Church within the Castle of Windsor . His fourth Wife was Anne , sister to the Duke of Cleve , she lived his wife six moneths , and then was Divorced ; she remained in England long after the Kings death , and accompanied the Lady Elizabeth through London , at the solemnizing of Queene Maries Coronation . His fifth wife was Katherine , daughter of Edmund , and Neece of Thomas Howard his brother Duke of Norfolke ; she was married to him in the two and thirtieth yeere of his reigne ; lived his wife one yeere sixe moneths and foure dayes , and then was beheaded in the Tower of London , and buried in the Chancell of the Chappell by Queene Anne Bullen . His sixt wife was Katherine , daughter of Sir Thomas Parre of Kendall , and sister to the Lord William Parre , Marquesse of Northampton ; she was first married to Iohn Nevill Lord Latimer , and after his decease to the King at Hampton-Court , in the five and thirtieth yeere of his reigne : she was his wife three yeeres six moneths and five dayes ; and then surviving him , was againe married to Thomas Seymour Lord Admirall of England , unto whom she bore a daughter , but died in her Childe-bed , in the yeere 1548. He had children by his first wife Queene Katherine , Henry borne at Richmond , who lived not full two moneths , and was buried at Westminster ; also another Sonne , whose name is not mentioned , lived but a short time neither : then a daughter named Mary , borne at Greenwich , in the eighth yeere of his reigne , and came af●erward to be Queene of England . By his second wife , Queene Anne Bullen , he had a daughter named Elizabeth , borne at Greenwich , in the five and twentieth yeere of his reigne ; who succeeded her sister Mary in the Crowne : he had also by her a sonne , but borne dead . By his third wife Queene Iane , he had a Sonne named Edward , borne at Hampton-Court in the nine and twentieth yeere of his reigne , who succeeded him in the Kingdome . Besides these , he had a base Sonne , named Henry Fitz-roy , begotten of the Lady Talboyse , called Elizabeth Blunt , borne at Blackamore in Essex , in the tenth yeere of his reigne ; who was made Duke of Richmond and Somerset ; married Mary daughter of Thomas Howard Duke of Norfolke ; with whom he lived not long , but dyed at Saint Iames by Westminster , and was buried at Framingham in Suffolke . Of his Personage and Conditions . HEE was exceeding tall of statu●e , and very strong ; faire of complexion , in his latter dayes corpulent and burley : concerning his condition● , Hee was a Prince of so many good parts , that one would wonder he could have any ill ; and indeed he had no● many ill , till flattery and ill councell in his latter time got the upper hand of him . His cruelty to his wives may not onely be excused , but defended ; for if they were incontinent , he did but justice ; if they were not so , yet it was sufficient to satisfie his conscience , that he thought he had c●use to thinke them so ; and if the marriage bed be honourable in all ? in Princes it is sacred . In suppressing of Abbies he shewed not little Piety , but great providence ; for though they were excellent things being rightly used , ye● most pestilent , being abused ; and then may the use be justly suppressed , when the abuse scarce possibly can be restrained . To thinke he suppressed Abbies out of covetousnesse and desire of gaine , is to make him extreamly deceived in his reckoning ; for if we compare the profit with the charge that followed , we shall finde him certainly a great looser by the bargaine . He was so farre from Pride , that he was rather too humble , at lest he conversed with his Subjects in a more familiar manner then was usuall with Princes . So valiant , that his whole li●e almost , was nothing but exercises of valour ; and though performed amongst his friends in jest , yet they prepared him against his enemies in earnest , and they that durst be his enemies found it . It may be said , the complexion of his government for the first twenty yeers , was sanguine and joviall ; for the rest , collerick and bloody : and it may be doubted , whether in the former , he were more prodigall of his owne treasure , or in the latter of his Subjects blood ; for as he spent more in Fictions , then any other King did in Realities , so in any distemper of his people , he had no other Physicke , but to open a veine : but we shall do him extreame wrong , to thinke that all the blood shed in his time , was of his shedding ; they were the Bishops that were the Draco to make the bloody Laws ; the Bishops that were the Phalaris , to put them in execution : the King of●entimes scarce knowing what was done . Certain it is , when a great Lord put a Gentlewoman the second time on the rack , the King hearing of it , exceedingly condemned him for such extream cruelty . As for Religion , though he brought it not to a full Reformation ; yet he gave it so great a beginning , that we may truly say of that he did , Dimidium plus toto . They who charge him with the vice of lust , let them shew such another example of continence as was seen in him to lye six moneths by a yong Lady , and not to touch her ; for so did hee with the Lady Anne of Cleve : but this is to make Nosegayes , I like better to leave every flower growing upon its staulke , that it may be gathered fresh ; which will be done by reading the Story of his Life . Of his Death and Buriall . IT is Recorded of him , that in his later time he grew so fat and slothfull , that engines were made to lift and remove him up and downe ; but howsoever in the six and fiftieth yeer of his age , whither a dropsie , or by reason of an ulcer in his leg , he fell into a lang●ishing feaver , which brought him into such extreamity , that his Physitians utterly despared of his life , whereof yet none durst speake a word to him , till Master Denny one of his Privy-chamber tooke the the boldnes to goe to him , telling him of the danger he was in , and withall putting him in mind to thinke of his soules health ; to which he answered , that hee confessed his sin●es to be exceeding great , yet had such confidence in the mercy of God through Christ , that he doubted not of forgivenesse though they had been much greater ; and being then asked by Master Denny , if he would have any Divine brought to him with whom to confer , he answered he would willingly have the Archbishop Cranmer , but not yet a while , til he had taken a litle rest : whereupon the Archbishop being then at Croydon , was presently sent ●or , but before he could come , the King was growne speechlesse , onely seeming to retain a little memory , so as putting out his hand , and the Archbishop desiring him to shew some signe of his faith in Christ , he then wrung the Archbishop hard by the hand , and immediately gave up the Ghost , the eight and twentieth of Ianuary , in the yeer 1547. the six and fiftieth of his age , and of his reigne the eight and thirtieth : his body with great solemnity was buried at Windsor under a most costly and stately Tombe , begun in copper and guilt , but never fi●ished . Men of note in his time . MEn famous for the sword were many in his time , and in a manner all , that it is hard making choice , without being partiall , unlesse we shal preferre Dukes of equal valour , before others of meaner caling , and then wil the Dukes of Norfolke and Suffolk hold worthily the place first , and next to them the yong Earl of Surrey , who had been more fortunate if he had been lesse valiant . Of men of letters in his time , there were whole Armies in forraigne parts , the most ●amous , were Budaeus , Ludovicus Vines , Iohn Revolin , Erasmus Roteradamu● , Vrsinus , Cornarius , Sadolet , Martin Bucer ; in England were Iohn Collet Deane of Pauls and Founder of the Schoole there , VVilliam Lilly borne a● Odiham in Hamshire , first Scholmaster of Pauls-Schoole , Thomas Linaker a learned Phisitian , Iohn Skelton a pleasant Poet , VVilliam Horman Vice Provest of Eaten , who wrote divers workes , Sir Rastal● a Citizen and Stationer of London , Christopher Saint-Germane an excellent Lawyer , Sir Thomas Elyot , Iohn Leland , a diligent searcher of Antiquities , Sir Iohn Bourchier Knight , Lord Berners , who translated ●he Chronocles of Froysard out of French into English , Henry Standish Bishop of Saint Assaph , who w●ote a book against Erasmus traslation of the new Testament ; Arnold of London , who wrote certain Colections touching Historicall matters , Thomas Lupset a Londoner , who wrote sundry vertuous Treatises , Henry Bradshaw a black Monke , who wrote the life of Saint VVerborough , and also a certain Chronocle , Iohn Palsgrave a Londoner , who wrote instructions for the perfect understanding of the French tongue , Iohn S●vish a Cornish-man , who wrote certaine abbreviations of Chronicles , with a Treatise of the wars of Troy , Anthony Fitz-Herbert a Judge , who wrote an Abridgment of the Law , Wilfride Holme who wrot a Treatise of the rebellion in Lincolnshire , Thom●s Lanquet who wrote an Epitomy of Chronicles , and also of the winning of Bulloigne , Thomas Soulman of Gernsey , who wrote divers notes of History , Cutbert Tunstall Bishop of Durham , Robert VVhittington who wrote divers Treatises for the instruction of Grammarians , Iohn Russell , who wrote a Treatise entituled super jure Caesaris et Papae , also commentaries in Cantica , Simon Fish a Kentish-man , who wrote a book called the supplication of Beggars , George Bullen Lord Rochford brother to Queen Anne who wrote divers songs and sonets , Francis Bigod Knight born in Yorkeshire , who wrote a book against the Clergy , intitled de Impropriationibus , Henry Lord Morley , who wrote divers Treatises , as Comodies and Tragedies , as the life of sectaries , and certaine rimes , VVilliam Botevile alias Thynne , who restored the works of Chawcer , Richard Turpin , who ser●ing in the Garrison of Callice , wrote a Chronicle of his time , and died in the ●eer 1541. Sir Thomas VViat Knight , who wrote divers matters in English-meeter , and transl●ted the seven Penitentiall Psalmes , and ( as some say ) the whole Psalter , he died of the pestilence , as he was going Embassadour to the Emperour , in the yeer 1541. Henry Howard Earle of Surrey , who wrote divers Treatises in English-meeter , Iohn Field a Londoner , who wrote a Treatise of mans Free-will , de Servo homi●is Arbitrio , and Collections of the common Laws of England , Robert Shingleton borne in Lancashire , who wrote a Treatise of the seven Churches , and certaine Prophesies , William Parry a Welsh-man , who wrote a booke intitled speculum Iuvenam . THE REIGNE OF KING EDWARD THE SIXTH . IT was now the yeere 1547. when on the eight and twentieth of Ianuary King Henry dying ; Prince Edward his Sonne by his third wife , the Lady Iane Seymour , and the onely Sonne he left behinde him , as well by right of Inheritance , as by his last Will , succeeded him in the Kingdome ; to whom as being but nine yeers old , and therefore unripe for Government ; hee had assigned eight and twenty Councellours ; a fit number , if agreeing amongst themselves ; too many , if at variance : and at variance they would soon fall , if there were not a moderatour to keep them in concord ; the first worke therfore necessary to be done in this new world , was to make choice of such a man , as might be to the Counsailors a Moderator , a protectour to the King , and in his minority , to the Kingdome . To this place , by common consent of the King and Counsaile , Edward Seymour Earl of Hartford the Kings Unckle , was chosen to hold the place , untill the King should accomplish the age of eighteene yeeres . In which Office the first thing he did , was to make the young King Knight , who presently thereupon , made Henry Hobblethorne Major of London Knight , and then King Henries Obsequies being solemnly performed ; on the seaventeenth of February , were raised in Honour the Earl of Hartford Protectour , to be Duke of Somerset , William Par Earle of Essex , to be Marquis of Northampton , Dudly Viscount Lisle , to be Earle of Warwick ; Wriothsley Lord Chancelour , to be Earle of Southampton , Sir Thomas Seymour the Protectours brother , was made Lord of Sudeley , and Admirall of England , Sir Richard Rich was made Lord Rich , Sir VVilliam Willoughby was made Lord Willoughby , and Sir Edmund Sheffield was made Lord Sheffield of Butterwick : on the nineteenth of February , the King in great state rode from the Tower to the Pallace of Westminster , where the day following , he was Crowned by the Archbishop of Canterbury , with all rites accustomed , in great solemnity . At which time a generall pardon was Proclaimed for all offenders , six onely excepted , namely the Duke of Norfolke , Cardinall Poole , Edward Courtney eldest sonne to the Marquis of Excetur , Master Fortescue , Master Throgmorton , and Doctor Pa●es Bishop of VVorcester , who was fled to Rome , to avoid taking the oath of Suprem●cy , all which six continued unpardo●ed , till the first yeere of Queene Mary , and then were restored . A few dayes after , the Earle of Southampton Lord Chancelour for be●ng contumacious to the rest of the Lords in matters of Counsaile , was removed both from his Office of being Chancelour , and from his place in Counsaile , and the great Seale was delivered to Sir William Pawlet , Lord Saint-Iohn , and Lord great Master of the Kings Huoshold . Within two months after the death of King Henry , died Francis King of France also , for whom solemne Obsequies were kept in Pauls Church , as hee likewise had kept before at Paris for King Henry : these two Kings were of so consenting natures , that they had certainly been great friends while they lived , if they had not been Kings , and that jelousie of state had not made them oftentimes not to be themselves . King Henry before his death , had left in charge with the Lords of his Counsaile , by all meanes possible , to procure a proceeding in the mariage with the young Queen of Scots ; and now in discharge therof the Lord Protectour himselfe , with an Army of twelve thousand foot , and six thousand horse , besides Labourers and Pioners thirteen hundred , entred Scotland the third of September , at which time also Edward Lord Clinton with a fleet of threescore saile assisted by sea , but before he would doe any hostile Act , he caused Proclamation to be made , that his comming was onely to have performance of the Articles heretofore agreed on fo● the mariage , tending to the good of both Kingdomes , if they would yeeld unto , he would then returne in peaceable manner , and the more to draw them on , w●ere before it was demanded to have the Queen brought into England , and there to be brought up , the Protectour was content , she should remaine in Scotland till yeers of consent● this demand , the more moderate sort of the Scots accou●ted very reasonable , but those of the French and Papal faction , who were the greatest persons , and the greatest number strongly opposed ; wherupon , the Lord Protectour , presently put his Army into Array , the Lord Gray and Sir Francis Brian , with eight hundred Light-horse , were sent before to provide lodging for the Army , and to give advertisement of the enemies approaches ; then followed the Avant-guard , in number between three and foure thousand foot , one hundred men at Armes , and six hundred Light-horse , led by the Earle of VVarwick ; then followed the maine Battaile , consisting of above six thousand foot , six hundred men at Armes , and one thousand Light-horse led by the Protecter himself lastly followed the Arrear , wherein were between three and foure thousand foot , one hundred men at Armes , and six hundred Light-horse , u●der the conduct of the Lord Dacres , upon one wing the Artillery was drawne , being sixteen pieces of great Ordinance ; the other wing was made by men at Armes and Demilances ; for the Avant-guard and halfe the battaile , ridi●g about two flight shoot from their side , the other halfe of the battaile , and th● whole flanke of the Arrear was closed by the carraiges , being nine hundred ●arts besides Waggons ; ●he rest of the men at Armes , and the Demilances marched behinde . In this order they marched two dayes , taking in three Castles ●s they went , with little resistance ; where it is memorable , what a suddaine device the Defendants of one of them used to save themselves ; for finding they w●re no longer able to defend themselves , and that their obstinacy had excluded a●● hope of pardon ; they made suite , they might not presently be slain , but have some time to commend their soules to God , and afterwards be hanged : which respite being obtained , thei● pardon afterward did more easily ensue ; so much doth the winning of time oftentimes prevaile , more then any other policy . T●e Governour of Scotland , hearing of the Protectours approch and having no sufficient Army ready to resist him , sent his Heralds abroad , into all parts of the R●alm , and commanded the fire-crosse to be carried ( an antient custome in cases of importance ) which , was two firebrands set in fashion of a crosse , and pitched upon the point of a speare , and therewith Proclamation to be made , that all above sixteen yeers of age , and under sixty , should resort forthwith to Musselborough & bring convenient provision of victuals with them . By this meanes , having gotten a sufficient Army , he set forward towards the English who were now come to a River called Linne , and here the Earle of Warwick being too ●enterous , was like to have bin entrapped , but by his valour came off bravely ; and now the Scottish Horse-men began to hover about the English Army , and to come pricking towards them , sometimes within length of their staves , using provoking words , to draw the English from their strength , but the Protector , not moved with their provocations , maintained a close march till he came to Salt-presion by the Frith , where he incamped within two miles of the Scottish Army : and here the Scots having gotten the advantage of a Hill came upon the English with the number of twelve hundred Horse , besides five hundred foot that lay in ambush behind the Hill ; at which time the Lord Gray and Sir Francis Brian , impatient of such bravaries , obtained leave of the Gene● to encounter them , and so as they came scattered upon the spurre , within a stones cast of the English , and were beginning to wheele about , the Lord Gray with some troops of Light hors-men , charged them home , and was forthwith seconded by certaine numbers of Demilances , and both of them backed with a thousand men at Armes ; yet the Scots resolutely maintained the fight three houres and more , but in the end , overlaid with number , they were put to flight and chased almost to the edge of their Camp. In this fight the chiefest force of the Scottish Hors-men was defeated , the Lord Hume , by a fall from his Horse lost his life , his sonne and Heire with two Priests and six Gentlemen were taken prisoners , and about fifteene hundred slaine : the next day , the Protectour and the Earle of Warwick , rode towards the place where the Scottish Army lay , to view the manner of their incamping . As they returned , an Herauld and a Trumpeter from the Scots overtook them ; who having obtained Audience , the Trumpeter said , that the Lord Huntley his Master , to spare effusion of Christian blood , would fight upon the whole quarel , either with twenty against twenty , or with ten against ten , or else try it between the Lord Generall and himselfe : the Protectour answered , that for number of Combatants , it was not in his power to conclude any bargaine ; and as for himselfe , that being in publick charge , it was not fit he should hazard himselfe against a man of private Conditions , which otherwise he would most willingly accept : here the Earle of Warwick intreated the Lord Generall , that he might accept the Challenge , and Trumpeter ( saith he ) bring me word , that thy Master will performe the Combat with me , and thou shalt have an hundred Crownes for thy paines ; nay rather ( saith the Lord Generall ) bring me word that thy Master will abide and give us battaile , and thou shalt have a thousand Crownes for thy paines : and thereupon , when no other agreement could be made , a generall battaile was resolved on : in the Army of the Scots , were five or six and thirty thousand men ; in the Avant-guard , commanded by the Earle of Angus , about fifteen thousand ; in the Battaile , over whom was the Lord Governour , about te● thousand ; and in the Arreare as many , led by the valiant Gourdon Earle of Hackbutters●hey ●hey had none nor men at Armes , bur about two thousand Hors-men ( Prickers as they terme them ) the rest were all on foote we'●l furnished with Jack and Scull , pikes , daggers , Bucklers made of boord , a●d slicing swords broad and thin ; every man had a long Kirchiffe , folded twic● or thrice about his neck , and many of them had cheines of Lattin , drawne th●ee or foure times along their hoses and doublet-sleeves : they had also to affright the enemies Horses , great ●attles covered with parchment or paper , and small stones within put upon staves three ells long . And now both Armies joyned in battaile , where a long fight and much variety of fortune on both sides ; at length , the victory fell to the English : in this fight , divers of the Nobility of Scotland were slain ; of the inferior sort about ten , or as some say , fo●rteen thousand : of the English were slain , onely one and fifty Horse-men a●d on footmen , but many hurt ; the Lord Gray was dangerously thrust with a pike in the mouth which struck two inches into his neck ; the Scottish prisoners accounted by the Marshals booke , were about fifteene hundred , the chiefe whereof were , the Earle of Huntley , the Lords Yester , Hobley and Hamilton , the Master of San●-Poole and the Lord of Wimmes ; the Earle of Huntley being asked whilst he was a prisoner , how he stood affected to the marriage ; made this answer , that he liked the mariage wel enough , but he liked not this kinde of woing . This victory of Muskelborough against the Scots , was on the tenth of December , the very same day on which thirty yeers before a victory had bin had against them at Flodden field ; so as it seems this day was fatall to the Scots , and confirms the opinion of Astologers , that there are dayes to some men fortunate & unfortunate to others if they could be known . This victory strook such a terror into many of the Scots , that the Earl Bothwel and divers chiefe Gentlemen of Tividale and Meers submitted themselves to the King of England , and were received by the Prorectour into his protection : after this , the English army took many towns and Castles , and then for want of Provision , returned into England , having not stayed above five and twenty dayes in Scotland , and not lost above threescore men . But notwithstanding this great overthrow at Muskelborough , the Governour of Scotland would not yet be quiet ; but assembling the people , made unto them a long Oration , exhorting them to defend the liberty of their Countrie , and not to be daunted with any event of warre . In this mean time many distractions and troubles hapned in England ; partly in matters of Religion , and partly about Inclosures : ●nd first for inclosures , the Lord Protector caused Proclamation to be set forth , commanding they who had Inclosed any Lands , accustomed to lye open , should upon a certain pain , before a day assigned , lay them open again : and then in matter of Religion , certain Injunctions were set forth , for removing of Images out of Churches ; and divers Preachers were sent with Instructions to disswade the people from praying to Saints or for the dead ; from use of Beads , Ashes & Processions ; from Masses , Durges , praying in any unknown tongue ; and for defect of Preachers , Homilies were appointed publickly to be red in Churches : & many for offering to maintaine these Ceremonies , were either punished or forced to recant . Edmund Bonner Bishop of London , was committed to the Fleet , for refusing to receive these Injuctions ; Stephen Gardiner Bishop of Winchester , was likewise committed first to the Fleet and after to the Tower , for that he had preached ; It were well , these changes in Religion should be stayed untill the King were of yeers to govern by himselfe : for the like causes Tunstall Bishop of Durham , Heath Bishop of Rochester , and Day Bishop of Chichester , were in like manner committed to prison , and all of them dispossessed of their Bishopricks ; and that which was worse , the Bishopricks themselves were dispossessed of their Revenues , in such sort , that a very smal pa●t remained to the Bishops that came after . And now a Parliament was held , in the first yeer of the King , and by Prorogation in the second ; wherein divers Chantries , Colledges , free Chappels , Fraternities and Guildes , with all their Lands and goods were given to the King ; which being sold at a low rate , enriched many and ennobled some , and thereby made them firme in maintaining the change : also it was then ordered , that no man should speak against receiving the Eucharist in both kindes , and that Bishops should be placed by Collation of the King under his Letters Patents , without any election preceding , or confirmation insuing ; and that all Processes Ecclesiasticall should be made in the Kings name , as in Writs at the Common-Law ; and that al Persons exercising Ecclesiasticall jurisdiction , should have the Kings Armes in the Seales of their Office : and further , the Statute of the six Articles and other Statutes concerning punishment of Lollards were repealed , and the Kings Supremacy over the Church of England was confirmed . All this while the warres in Scotland continued , and were managed by the Lord Gray of Wilton with variable successe ; and now about this time was sent to him in aide , the Earle of Shrewsbury with fifteen thousand men ; against him , in aid of the Scots was sent the Rhinegrave with ten thousand French ; who entring into consul●ation , how to remove the yong Queene out of the reach of the English ; provided a Fleet , and sailing round about Scotland , notwithstanding the English Fleet lay in wait to impeach their passage , yet conveyed her safely into France , being then but six yeers old ; accompanied in the journey with Iames her base brother , Iohn Erskin and William Leviston ; and in April following was married to Francis the Dolphin of France . You heard before the alterations , now heare the troubles ; for when the Injunctions were sent abroad into the Countrey , and Commissioners appointed to see them executed ; one Master Bodye a Commissioner , as he was pulling down Images in Cornwall , was suddenly by a Priest stabbed into the body with a knife . Hereupon the people flocked together in divers parts of the sheere , taking Armes , and beginning to commit outrages ; and although the chiefe Offendour was hanged and quartered in Smithfield , and many of his complices executed in divers parts of the Realme ; and withall a Pardon proclaimed to all that would lay downe Armes , yet neither could that severity , nor this lenity restraine them from their insolencies ; but in divers Countries , as Sussex , Hampshire , Kent , Glostershire , Warwickshire , Wostershire , but specially in Semersetshire and Devonshire , great assemblies of people gathered to a head ; whose chiefe Leaders were Humfrey Arundel , and about six others of inferiour note , but many Priests . Some of these ( we may say ) were Commonwealth mutiners ; and some mutined for religion : they who were for the Common-wealth could agree upon nothing ; some would have no Justices , some no Gentlemen , some no Lawyers , nor ordinary Courts of Justice , but above all Inclosures must down ; but whether all , or which , or how to be imployed , none could tell . The religious Mutiners were not altogether so various in their voyces , as having some few amongst them by whom they were guided : these in name of the people hamered up these Ar●icles following ; upon granting of which , they pro●essed that both their bodies and goods should be at the Kings devotion . 1. That Curates should administer Baptisme at all times of necessity , a● well o● week-dayes as on holy-dayes . 2. That their children might be confirmed by the Bishop . 3. That the Masse might be celebrated , no man communicating with the Priest. 4. That they might have reservation of the Lords body in their Churches . 5. That they might have holy-bread and holy-water in remembrance of Christs precious body and blood . 6. That Priests might live unmarried . 7. That the six Articles set forth by King Henry the eight might be continued , at lest till the King should come to full age . Upon these demands , the King , although he knew that Reasons would little prevaile with unreasonable men ; yet to discharge the place he held , he sent them in writing Answers to them all , and withall a generall pardon , if they would desist and lay downe armes . But the sedicious growing the more outragious , the fairer they were intreated ; and finding themselves unable to subsist with their owne estates , began to thinke upon the spoyle of Cities ; and first they came to Excetour , and demanded entrance , which the Citizens refusing , they fell to set fire on the ga●es ; but the Citizens prevented this , by casting in wood and maintaining the fire , till they had cast up a halfe moone within ; upon which when the Seditious attempted to enter , they were presently hewen and cut in peeces . After this they mined the wals , laid powder , and rammed the mouth ; but the Citizens prevented this also , by making a countermine , whereinto they poured such plenty of water , that the wet powder could not be fired . All this while , the Lord Russell Lord Privie Seale , who had beene sent downe to suppresse the Commotion , lay at Huntington , expecting more Forces ; whilst these Citizens of Excetour , for twelve dayes together endured so great famine , that they were faine to eat horses , and make bread of course bran moulded in cloathes , for that otherwise it would not cleave together . At last the Lord Gray came to the Lord Russell with supply of Forces ; who after many conflicts with the Rebels , forced them to raise their siedge at Excetour ; and thereby freed the City from many miseries : to whom the King afterward , gave the Mannour of Evyland , in reward for their loyalty . After this , the Rebels rallying their Force● , were againe set upon by the Kings Army , and the greatest part of them slaine , the rest fled ; many were taken and executed by Martiall Law ; the chiefe Leaders were sent to London and there executed . The sedition being thus suppressed ; it is memorable what sport Sir William Kingston the Provost Marshall made , by vertue of his Office , upon men in misery . One Boyer Major of Godmin in Cornwall , had bin amongst the Rebels , not willingly but enforced ; to him the Provost sent word he would come and dine with him , for whom the Major made great provision ; a little before dinner , the Provost took the Major aside , and whispered him in the eare , that an execution must that day be done in the town , and therefore required to have a paire of Gallows set up against dinner should be done ; the Major failed not of his charge , presently after dinner the Provost taking the Major by the hand , intreated him to lead him to the place where the Gallowes was , which when he beheld he asked the Major if he thought them to be strong enough ; yes ( said the Major ) doubtlesse they are ; well then ( said the Provost ) get you up speedily , for they are provided for you . I hope ( answered the Major ) you mean not as you speak : in faith ( said the Provost ) there is no remedy , for you have bin a busie Rebell ; and so without respit or defence he was hanged to death : ) a most uncurreous part , for a guest to offer his host . Neere the said place dwelled a Millar , who had bin a busie actor in that Rebellion ; who fearing the approach of the Marshall , told a sturdy fellow his servant , that he had occasion to go from home , and therefore bid him , that if any man came to enquire after the Millar , he should not speak of him , but say that himselfe was the Millar , and had bin so for three yeers before . So the Provost came and called for the Millar , when out comes the servant , and saith , he was the man : the Provost demanded how long he had kept the Mill ; these three yeeres answered the servant : then the Provost commanded his men to lay hold on him , and hang him on the next tree . At this the fellow cryed out , that he was not the Millar but the Millars man : nay Sir ( said the Provost ) I will take you at your word , and if thou beest the Millar thou art a busie knave ; if thou beest nor , thou art a false lying knave , and howsoever thou canst never do thy Master better service then to hang for him ; and so without more adoe he was dispatched . When this sedition in Devonshire was appeased , there rose another in Norfolke , and that specially upon a grievance for enclosures ; the Rebels had got one Robert Ket a Tanner of Wimondham to be their Leader , and were growne to a body of twenty thousand , seating themselves at Monshold , neer Mount-Surrey , where they carried a face as it were of Justice and Religion ; for they had one Conyers an idle fellow to be their Chapleyne , who morning and evening read solemn Prayers , also Sermons they had often , and as for Justice they had a bench under a tree where Ket usually sate , and with him two of every hund●ed whence their Companies had been raised , to heare complints and to give Judgment , and from hence were warrants sent in the Kings name , to bring in powder , shot , victuals , and all things necessary : which tree hath ever since been called the tree of Reformation ; and now being grown to a heighth , they presented certain complaints to the King , requiring , he would send a Herauld to them , to give them satisfaction ; the King though he tooke it for a great indignity , to have such base fellowes to capitulate with him , yet framing himselfe to the time , he returned this answer ; that in October following he would cal a Parliament wherin their complaints should be heard , and all their grievances should be redressed , requiring them in the meane time , to lay downe Armes and returne to their houses , and therupon granting them a generall pardon : but this was so far from satisfying the seditious , that hereupon first , they assaulted the Town of Norwich tooke it , and made the Major attend them as their servant , and then returned again to their station at Manshold● not long after William Parre Marquesse of Northampton , with the Lord Sheffield , the Lord Wentworth , divers Knights , and fifteen hundred Horse , with a small band of Italians was sent against them ; whom the seditious so stoutly oppos●d , that much mischiefe was done on both sides , the Lord Sheffield falling with his Horse in a ditch was taken prisoner , and as he pulled off his helmet to shew who he was , he was by a Butcher strucken downe with a club and slaine ; so as the Marquesse with his forces not prevailing , there was afterward sent the Earle of Warwick with six thousand ●oot , and fifteen hundred Horse , with whom were the Lords Willoughby , Powis and Bray his two sonnes Ambrose and Robert , and many Knights and Gentlemen of Name . When the Earl was come neere to the Camp of the seditious , he sent a Herauld to them , offering them the Kings pardon , if they would desist , but they were so far from accepting it , that a lewd Boy turned up his naked breech towards the Herauld and bid him kisse it ; upon this , many skirmishes passed between the Earle and them , with losse sometimes to one side , and sometimes to another ; at last they came to a Battaile , where the Rebels placed in the Fro●t , all the Gentlemen they had taken prisoners , meaning they should be the first slain , of whom yet very few were hurt , but of the Rebels were slain above two thousand , and now once againe the Earle offered them pardon , if they would desist ; but for all their losses , they continued obstinate still , at last the Ea●le sent to know if they would entertaine their pardon , in case he should come in person and assure them of it ; this moved them much , and then they answered , they knew him to be so honourable , that from himself they would embrace it ; wherupon the Earle riding to them , and causing their pardon to be read , they thre● away their weapons , wishing all joy and prosperity to the King : nine of ●he principall Rebels were hanged upon the tree of Reformation ; Ket himselfe flying away was taken and hanged in chaines upon Norwich Castle ; the day of this defeat of the sedicious , was a long time after observed for a festivall day by the Inhabitants of Norwich , and thus ended the sedition in Nor●olke ; whe● at the same time another arose in Yorkshire , whereof the chiefe movers were William Ombler a Gentleman , Thomas Dale a Parish Clerk , and Stephenson a Post , to whom were assembled foure or five thousand , who tooke their encouragement from a certain Prophesie , which did foretell , that the time should come , when there should be no King , when the Nobility and Gen●ry should be destroyed , when the Realm should be ruled by foure Governours elected by the Commons , holding a Parliament in commotion , which should begin at the South and North Seas of England , and that time they understood to be the present , and that the Rebels of Devonshire , Norfolke and Yorkshire should draw together to accomplish this prophesie ; but as soon as they heard that the tumults of Devonshire and Norfolke were quieted , they found that they were deceived in the understanding of the prophesie , and therupon presently upon the Kings pardon , they fell off and dispersed , their chiefe Leaders Ombler , Dale and foure others were executed at Yorke ; and with this , the Spirit of sedition was quite laid in all places of the Kingdome . But the King of France , taking advantage of these sedicio●s , though he had been in treaty before of peace with England , yet now he brake off the treaty , Proclaimed war , and denounced it by his Embassadour to the King : hereupon all French-men in England , not Denizens , were taken prisoners , and all their goods seized for the King , which the French King understanding , he sent a fleet of Ships to surprise Gernsey and Iarnsey , but was repelled with the losse of a thousand men : after this , he levied an Army by land , and went himselfe in person against Bulloigne , defended by the valiant Sir Nicholas Arnold , but being weary of the worke , he left his Lievtenant Chatillon to pursue the Siedge , who having made many fierce batteries , and at last assaults and no● prevailing , hee then attempted to hinder the Towne from supply of victuals ; and to this end , charged a Galley with gravell and stones , meaning to sinke it in the Haven , but the English took the Galley before it was sunke , and made use of the stones for their owne defence : after this , they made faggo●s of light matter , mixed with pi●ch , tar , tallow , rosi●● powder and wild-fire , with intention to fire the ships in the Haven , but that enterprise was defeated by the Bulloignes , and the faggots taken from the French ; and more then this , there was little done in those parts at this time . But in England in the meane time , an unfortunate accident happened , which beginning upon a very light occasion , produced afterward very heavy effects ; whereof , though there were many concurrant circumstances , yet the originall cause was the pride of a woman , upon a point indeed , wherein the natures of women are commonly most tender , Precedency of place : the Protectour had maried Anne Stanhope , a woman of a haughty stomack , and the Lord Admirall his Brother the Queene Dowager , a Lady of great mildnesse : the neerenesse of the Husbands , gave occasion to the Ladies often meeting , where the Dutchesse would inwardly murmur , why shee being the wife of the elder brother and the better man , should give place to her , who was the wife of the younger brother , and the meaner man ; this envy of hers toward the Queen , bred a malice in her towards the Admirall , as thinking the mischiefe she did to the husband , to be a part of revenge upon the wife , and though the Queene shortly after died in Child-bed , yet the mallice of the Dutchesse towards the Admirall lived still ; ( so hard a thing it is , for malice once setled in a womans heart , to be removed ) out of this malice , she put divers surmises into her husband the Protectours head against his brother the Admirall , as though he went about to procure his death , to the end he might aspire to the place he held ; but certainly as misliking his government being a Protestant , who was himselfe a Papist ; in this case causes of jealousie against the Admirall was obvious enough , for it was knowne that in King Henries time , he had aimed at the mariage of the Lady Elizabeth King Henries second daughter ; and now his wife the Queen Dowager being dead ( and not without suspition of poyson ) he fell upon that mariage a fresh , which could not be thought to tend , but to some very high aspiring end : the Protectour a plain man , and one that had not the cleerest insight into practises ; whether too importunately provoked by his wife , or whither out of an honest mind , not willing to patronize faults though in a brother , gave way to accusatio●s brought against him , so as in a Parliament then holden , he was accused , for attempting to get into his custody the person of the King , and government of the Realm , for endeavouring to marry the Lady Elizabeth the Kings sister , for perswading the King in his tender yeers , to take upon him the rule and ordering of himselfe ; upon which points ( though perhaps proved , yet not sufficiently against him , who was never called to his answere ) he was by Act of Parliament condemned , and within few dayes after condemnation , a warrant was sent under the hand of his brother the Protectour to cut off his head ; wherein ( as after it proved ) he did as much , as if he had laid his own head downe upon the block ; for whilst these brothers lived and held together , they were as a strong fortresse one to the other ; the Admirals courage supporting the Protectours authority , and the Protectours authority maintaining the Admirals stoutnesse ; but the Admiral once gone , the Protectours authority as wanting support began to totter , and fell at last to utter ruine : besides there was at this time , amongst the Nobility a kind of faction ; Protestants who favoured the Protectour for his owne sake , and other of Papall inclination , who favoured him for his brothers sake , but his brother being gone , both sides forsooke him , even his owne side ; as thinking they could expect little assistance from him , who gave no more assistance to his own brothe● ; and perhaps more then all this , the Earl of Warwick at this time , was the most powerfull man both in Courage and Counsaile amongst all the Nobility , and none so neere to match him as the Admirall while he lived , but he being gone , there was none left that either was able and durst , or durst and was able to stand against him : however it was , not long after the Admirals death , the Protectour was invaded with sundry accusations , wherein ●h● Earl of Warwick made not alwaies the greatest show , but yet had alwayes the greatest hand ; one thing the Protectour had done , which though a private act , yet gave a publick distaste . To make him a Mansion house in the Strand ( the same which is now called Somerset-house ) he pulled downe a Church , and two Bishops houses by the Strand Bridge ; in digging the foundation wherof , the bones of many who had been there buried , were cast out and carried into the fields ; and because the stones of those houses and the Church suffised not for his work , the steeple a●d most part of the Church of Saint Iohns of Ierusalem neer Smithfield , was mined and overthrowne with powder , and the stones applied to this sparious building ; and more then this , the Cloyster of Pauls on the North side of the Church , in a place called Pardon Church-yard , and the dance of Death very curiously wrought about the Cloyster , & a Chapel that stood in the midst of the Churchyard ; also the Charnal house , that stood upon the South side of Pauls ( now a Carpenters yard ) with the Chappell , timber and Monuments therin were beaten downe , the bones of the dead caried into Finsbury-fields , and the stones converted to this building . This Act of the Protectours , did something alienate the Peoples minds from him ; which the Earle of Warwick perceiving thought it now a fit time to be falling upon him ; and therupon drew eighteene of the Privy Counsaile to joyne with him , who withdrawing themselves from the Court , held secret consultations together , and walked in the Citty with many Servants weaponed , and in new Liveries ; whereof when the Lord Protectour heard , he sent secretary Peter to them , to know the causes of their Assembly , requiring them to resort unto him peaceably , that they might comune together as friends ; but in the meane time , hee Armed five hundred men , and removed the King by night from Hampton-court to Windsor : on the other side , the Lords at London having first taken possession of the Tower , sent for the Majo● and Aldermen of the Citty , to the Earle of Warwicks lodging at Ely-house in Holburn ; to whom the Lord Rich then Lord Chancelour made a long Oration wherin he shewed the ill government of the Lord Protector , and the many mischifes that by it were come upon the Kingdome ; and therup●n requiring them to joyn with the Lords there assembled to remove him ; and presently that day , a Proclamation was made in divers parts of the Citty to that purpose ; to which the Lords and Counsailors that subscribed their names were these ; the Lord Rich Chancelour , the Lord Saint-Iohn Lord great Master , the Marquesse of Northampton , the Earle of Warwick Lord great Chamberlaine , the Earle of Arundell Lord Chamberlaine , the Earle of Shrewsbury , the Earle of Southampton , Sir Thomas Cheyney Treasurer of the Houshold , Sir Iohn Gag● Constaple of the Tower , Sir William Peter secretary , Sir Edward North Knight , Sir Edward Montague chiefe Justice of the Common-pleas , Sir Iohn Baker Chancelour of the Exchequer , Sir Ralph Sadler , Sir Edward Wootton , Sir Richard Southwell Knights : and Doctor Wootton Deane of Canterbury . In the afternoone of the same day , the Lord Major assembled a Common Counsaile in the Guild-hall where two letters arrived almost in one instant from the King and the Lord Protectour , for a thousand men to be Armed for defence of the Kings Person ; another from the Lords at London for two thousand men to aide them in defence of the Kings person also ; both pretending alike , and therefore hard how to please them both . The Recorder set forth the complaint of the Lords against the Protectour , in such sort , that he made many inclinable to favour that side , but one named George Stadlow better advised , stept up , and in a long Speech shewed , what mischiefes had come to the City by opposing the King ; and therefore gave his opinion to suspend giving aide to the Lords , at lest for a time . His advice was harkened to , and thereupon the Court resolved onely to arme a hundred Horsemen and foure hundred foot , in defence of the City ; and to the letters , returned submissive but dilatory answers . After some other passages betweene the Protectour and the Lords , Sir Edward Winkfield Captaine of the Guard , was sent from the Lords to Windsor ; who so well perswaded the King of the Lords loyall affection towards him , and of their moderate intention towards the Protectour , that the King was contented to have him presently remvoed from him , and suffered him within two dayes after to be carried to the Tower. In whose absence , seven Lords of the Councell and foure Knights were appointed by turnes to attend the Kings person ; and for affaires of State , the government of them was referred to the whole body of the Councell : soone after were sent to the Protectour in the Tower , certain Lords of the Councell , with Articles against him , requiring his present Answer , whether he would acknowledge them to be true , or else stand upon his justifica●ion . The chiefe Article was this ; That he tooke upon him the Office of Protectour , with expresse condition , that he should doe nothing in the Kings affaires , but by assent of the late Kings Executours , or the grea●est part of them ; and that contrary to this condition , he had hindered Justice , and subverted laws of his owne authority , as well by letters as by other command ; and many other Articles , but all much to this purpose . The Protectour , whether thinking to speed better by submission then by contesting ; or perhaps finding himselfe not altogether innocent , ( for indeed in so great a place , who can beare himselfe with such sincerity , but he will commit errours , with which he may be taxed ; ) subscribed an acknowledgement with his owne hand ; humbly submitting himselfe to the Kings mercy , and desiring their Lordships favour ●owards him . Upon this submission , three moneths after he had bin imprisoned , he was released , entertained and feasted by the King , and swor●e again to be a Privie Councellour , but no more Protectour : at which time , betweene him and the Lords , a shew at lest of perfect amity was made ; and to make it the more firme , the Dukes daughter was afterward married to the Lord Lisle , Sonne and heire to the Earle of Warwicke ; at which marriage the King himselfe was present ; and perhaps to honour their reconcilement and this marri●ge , the Earle of Warwicke was made Lord Admirall of England , Sir Iohn Russell Lord Privie Seale was created Earle of Bedford , the Lord Saint-Iohn was created Earle of Wiltshire , and soone after made Lord Treasurour , Sir William Paget Controlour of the Kings House , was made Lord Paget , Sir Anthony VVinkfield Captaine of the Guard , was made Controlour , and Sir Thomas Darcye was made Captaine of the Guard. But of the other side , the Earle of Arundell , the Earle of Southampton , were put off from the Councell ; of whom , the Earle of Southampton dyed shortly after at Lincolne-Place in Holborne , and was buried in Saint Andrewes Church there . About this time a Parliament was held at Westminster , wherein one Act was made against spreading of Prophesies ; another against unlawfull Assemblies : but for feare of new tumults , the Parliament was untimely Dissolved , and Gentlemen were commanded to retyre to their Count●ey-habitations ; and ●or the same cause also Trinity Terme did not hold . About this time also , Pope Paul the third dyed ; after whose death the Cardinals being divided about the election of a new Pope ; the Imperial part , which was the greatest , gave their voyces for Cardinall Poole ; which being told him , ●e disabled himselfe , and wished them to choose one that might be most for the glory of God , and good of the Church : upon ●his stop , some that were no friends to Poole , and perhaps looked for the place themselves , if he were put off , laid m●ny things to his charge ; amongst other , that he was no● withou● suspition of Lutharisme , as having bin very conversant with Immanuell Tremellius and Anthonius Flaminius , great Lutherans , and not altogether without blemish of incontinency ; there being a young Nunne that was thought to be his daughter . But of these criminations Poole so cleered himselfe , that he was afterward more importuned to take the place then he was before ; and thereupon one night the Cardinals came unto him , being in bed ; and sent him word they came to adore him ( which is one special kind of electing the Pope ) but he being awaked out of his sleepe , and acquainted with it ; made answer , that this was not a worke of darkenesse , and therefore required them to forbeare till the next day , and then to doe as God should put in their mindes . But the Italian Cardinals attributing this putting off , to a kinde of stupidity and sloth in Poole ; looked no more after him , but the next day chose Cardinall Montanus Pope , who was afterward named Iulius the third . And now the King of France , upon many just considerations , was growne desirous to have a Peace with England ; and thereupon sent one Guidol●i a Florentine in●o England , to make some overture of his desire to the Lords of the Councell ; who addressing himselfe to the Earle of Warwicke , whom he knew to be most prevalent ; so prevailed , that it was concluded foure Embassadours should be sent from the King of England into Franee● and foure from the French King , to treat with them . The Commissioners for the English were Iohn Earl of Bedford , William Lord Paget , Sir William Peter and Sir Iohn Mason , Secretaries of State. For the French were Monsieur Rochpot , Monsieur Chatillon , Guyllart de Martyer and Rochetelle de Dassie : much time was spent to agree about a place of meeting ; till at last the English to satisfie the French , were contented it should be before Bulloigne ; where were many meetings and m●ny diff●rences about conditions ; but in conclusion , a Peace was concluded upon certaine Articles ; the chiefe whereof was , that Bulloigne and the places adjacent should be delivered up to the French within six weekes after the Peace Proclaimed ; and that the French should pay for the same two hundred thousand crownes , within three dayes after delivery of the Towne ; and other two hu●dred thousand crowes upon the fifth day of August following : hostages were on both sides given for performance ; and to those Articles the French King was sworne at Amyens , and the King of England in London : the Lord Clinton who had been Deputy of Bulloigne was made Lord Admirall of England . Presently after this Agreement , the Duke of Brunswicke sent to the King of England , to offer his service in the Kings wars , with ten thousand men , and to intreat a marriage with the Lady Mary , the Kings eldest sister . To his offer of aide , answer was made , that the Kings warres were ended ; and touching the marriage with the Lady Mary , ●hat the King was in speech for her marriage with the Infanta of Portugall , which if it succeeded not , he should then be favourably heard . Upon this , the Emperours Embassadour demanded of the King , that the Lady Mary might have free exercise of the Masse , which the King not onely constantly denied , but thereupon Sermons were exercised at Court , and order taken , that no man should have any Benefice from the King , but first he should Preach before him ; and shortly after , under pretence of preparing for Sea-matters , five thou●and pounds were sent to relieve Protestants beyond the Seas . At this time also , an Embassadour came from Gustanu● King of Sweden , to enter league with the King for entercourse of Merchants ; and charge was then also given , that the Lawes of England should be administred in Ireland . About this time the Queene Dowager of Scotland , going from France to her Countrey , passed thorow England , having first obtained a safe Conduct , she arrived at Portesmouth , and was there met by divers of the English Nobility ; conducted to London , she was lodged in the Bishops-Pallace : after four dayes staying , having beene feasted by the King at Whitehall , she departed ; being waited on by the Sheriffes of Counries to the borders of Scotland . And now was one Steward a Scot apprehended in England , and imprisoned in the Tower , for intending to poyson the yong Queene of Scots , whom the King delivered to the French King upon the frontiers of Callice , to be by him justiced at his pleasure . At ●his time certaine Ships were appointed by the Emperour , to transport the Lady Mary either by violence or by stelth out of England to Antwerpe ; whereupon Sir Iohn Gates was sent with Forces into Essex , where the Lady lay ; and besides , the Duke of Somerset was sent with two hundred men , the Lord Privie Seale with other two hundred , and Master Sentleger with foure hundred more , to severall coasts upon the Sea , and the Lord Chancellour and Secretary Peter were sent to the Lady Mary ; who after some conference , brought her to the Lord Chancellours house at Lyee in Essex , and from thence to the King at Westminster . Here the Councell declared unto her , how long the King had permitted her the use of the Masse , and considering her obstinacy , was resolved now no longer to permit it , unlesse she would put him in hope of some conformity in short time . To which she answered , that her soule was Gods ; and touching her faith , as she could not change , so she would not dissemble it . Reply was made , that the King intended not to constraine her faith , but to restrain the outward profession of it , in regard of the danger the example might draw . After some like enterchange of speeches , the Lady was appointed to remain with the King , when there arived an Embassadour from the Emperor , with a threatning message of warre , in case his cousin the Lady Mary , should be denied the free exercise of the Masse : hereupon the King presently advised with the Archbishop of Canterbury , and with the Bishop of London and Rochester , who gave their opinion , that to give licence to sin was sin , but to connive at sinne might be ●llowed so it were not too long , nor without hope of reformation : then answere was given to the Embassadour , that the King would send to the Emperour within a month or two , and give him such satisfaction as should be fit . And now the King being uncertaine of the faith , both of his Subjects and of his Confederates , intended by alliance to strengthen himselfe ; and thereupon sent one Bartwicke , to the King of Denmarke with private instructions , to treat of a mariage , betweene the Lady Elizabeth the Kings youngest sister , and the King of Denmarks eldest son ; but when it came to the point , this Lady could not be induced to entertaine mariage with any . After this , the Marquesse of Northampton was sent Embassadour to the French King , as well to present him with the Order of the Garter , as to treat with him of other secret affaires : with him were joyned in Commission the Bishop of Elye , Sir Philip Hobbie , Sir William Pickering , Sir Iohn Mason , and Master Smith Secritary of State ; also the Earle of Worcester , Rutland , and Ormond were appointed to accompany them ; as likewise the Lords Lisle , Fitzwater , Bray , Aburgavenie and Evers , with other Knights and Gentlemen of note , to the number of six and twenty ; and for avoiding of immoderate traine , order was given that every Earle should have but foure attendants , every Baron but three , every Knight and Gentlem●n but two , onely the Commissioners were not limited to any number . Being come to the Court of France , they were forthwith brought to the King , being then in his Bedchamber ; to whom the Marquesse presented the Order of the Garter , wherewith he was presently invested : then the Bishop of Elye in a short Speech , declared , how the King of England , out of his love and desire of amitye , had sent this Order to his Majestie ; desiring with all , that some persons might be authorized to treat with them , about some other m●tters of importance ; whereupon a Commission went forth to the Cardinall of Lorraigne , Chastillion the Constable , the Duke of Guysae , and others . At the first , the English demanded , that the yong Queene of Scots might be s●nt into England for perfecting of marriage betweene King Edward and her . But to this the French answered , That conclusion had beene made long before for her marriage with the Dolphin of France . Then the English proposed a marriage betweene King Edward and the Lady Eliza●eth the French Kings eldest daughter : to this the French did cheerfully incline ; but when they came to talke of Portion , the English demanded at first fifteen hundred thousand crownes , then fell to foureteene , and a● last to eight hundred thousand : the French offered at first , one hundred thousand crownes , then rose to two hundred thousand , and higher they would not be drawne ; saying , it was more then ever had bin given with a daugh●er of France . Shortly after Monsieur the Marshall and other Commissioners were sent by the French King , to deliver to the King of England the Order of Saint Michael ; and then was further treaty about the marriage ; and because the French could be s●rued no higher then two hundred thousand crownes , it was at last accepted , and the agreement was reduced into writing , and delivered under Seale on both sides . And now King Edward supposing his state to be most safe , when indeed it was most unsure ; in testimo●y both of his joy and love , advanced many to new titles of honou● ; the Lord Marquesse Dorset , who had maried the eldest daughter of Charles Brandon was created Duke of Suffolke , the Earle of Warwicke Duke of Northumberland , the Earle of Wiltshire was created Marquesse of Winchester , Sir William Herbert Lord of Cardisse and Master of the Horse , was created Earle of Pembrooke ; also William Cecill the Kings Secretary , Iohn Cheeke one of his Schoolmasters , Henry Dudley and Henry Nevill were made Knights , and ( that which perhaps it had bin happy , if it had never bin ) Sir Robert Dudley one of the Duke of Northumberlands sons ( the same who was afterward the great Earle of Leicester ) was sworne one of the six orninary Gentlemen of the Kings Chamber ; for after his comming into a place so neere about him , the King enjoyed his health but a while . The aspiring thoughts of the Duke of Northumberland , were now growne up to be put in execution : He was advanced in title of honour equall with the highest ; in authority and power above the highest ; he had placed his politicke Sonne neere about the Kings person ; the next thing was to remove the Duke of Somerset out of the way ; and for this also he had prepared instruments ; Sir Thomas Palmer , Crane , Hamond , Cecill , and others ; who brought severall accusations against the Duke ; some trenching upon the King and Kingdome , but one specially against the Duke of Northumberlands person ; whose practises when the Duke of Somerset found , and had cause to feare ; he went one day Armed into the Duke of Northumberlands Chamber , with a purpose to kill him ; but finding him in his bed , and being received with much kinde complement by him , his heart relen●ed , and thereupon came away without any thing done : at his comming out , one of his company asked him if he had done the deed ? who answered , No : then said he , you are your selfe undone : and indeed it so fell out ; for when all other Accusations were refelled , this onely stucke by him , and could not be denyed ; and so on the first of December he was arraigned at Westminster ; where the Lord William Pa●let Marquesse of Winchester and Lord Treasurour , sat as high Steward of England , and with him Peeres to the number of seven and twenty ; the Dukes of Suffolke and Northumberland , the Marquesse of Northampton , the Earles of Derby , Bedford , Huntington , Rutland , Bathe , Sussex , Worcester , Pembrooke and Hert●ord ; the Barons , Aburgaveuy , Audeley , Wharton , Evers , La●ymer , Borough , Zouth , Stafford , Wentworth , Darcye , Sturton , Windsor , Cromwell , Cobham and Bray . The Lords being set , the Indit●ments were read , in number five , containing a charge , for raising men in the North parts of the Realme ; and at his house , for assembling men to kill the Duke of Northumberland ; for resisting his Attac●ment , for raising London , for assaulting the Lords , and devising their deaths . To all which he pleaded , Not guilty , and made a satisfactory Answer to every point , though the Kings learned Councell p●essed them hard against him . This done , the Lords went together , where exception was taken by some , ●s a thing unfit , that the Duke of Northumberland , the Marquesse of Northampton , and the Earle of Pembrooke should be of the Jurie ; seeing the prisoner was chiefely charged with practises against them . But to this , the Lawyers made answ●r , that a Peere of the Realm might not be challenged ; so after much variation of opinions , the prisoner was acqui●t of Treasor , but by most voyees found guilty of Felony ; and that by a Statute , lately by his owne p●ocureme●t made ; That if any should attempt to kill a Privie Councellour , although the Fact were not done , yet it should be Felonie , and be punished with death . But upon his being acquit of Treason , t●e Axe of the Tower was presently laid downe , which m●de people conceive he had beene acquitted of all ; who thereupon for joy , gave so great a shout , that it was heard as farre as Charing-Crosse : but the Duke was little the better for being acquitted of Treason , seeing he was found guilty of Felonie ; and had Judgement to dye . It is thought by some , he might have saved his life , if he had demanded his Clergie ; but it is rather thought , that in that Statute Clergie w●s denied . Two moneths after his condemnation ; ( much against the Kings will ) Hee was brought to the Tower-Hill to execution ; wher● b●ing ●scended the Scaffold , hee entred into a Speech , wherein though he justified himselfe , for any matter tending to the hurt of the King or Kingdome ; yet he confessed , he was justly by the Law brought to th●● d●●●h ; and thanked God , that had given him so large a time of repentance , spe●ially that he had opened his eyes , to see cleerely the light of the Gospell ; and going on in his Speech , a sudden noyse arose , of some crying , away , ●way ; which made some thinke a Pardon had beene come ; but was indeede the voyce of some that had beene warned to be at the Execution , and were come somewhat late : but the tumult being appeased , the Duke went on with his Speech , and at last commending his soule to God , with a coun●enance not shewing a signe of feare or perturbation , onely his cheekes a little redder then they use ●o be ; he peaceably laid downe his head upon the blocke , and in a moment with one stroke of the Axe , had it strucken off . The death of this Duke , made the Duke of Northumberland more odious to the people then he was before ; and there were some that dipped H●ndkerchiffes in his blood , and kept them to upbraide the Duke of Northumberland withall , when he came himselfe afterward to the like end . After execution of the Duke , Sir Ralph Vane and Sir Miles Partridge were hanged at the Tower-hill , Sir Michael Stanhope and Sir Thomas Arundell were there beheaded . After the Dukes condemnation , it was thought fit to have something done for averting the Kings minde , from taking thought ; and to that end , one George Ferrers , a Gentleman of Lincolnes-Inne , was appointed in the Christmas-time , to be Lord of Misrule ; who so carried himselfe , that he gave great delight to many , and some to the King , but not in proportion to his heavinesse . About this time was a call of seven Serjeants at Law , who kept their Feast at Grayes-Inne ; of whom , Master Robert Brooke Recorder of London , was the first ; and the next Master Dyer , who was chosen Speaker the next Parli●ment . About this time also , the Lord Paget was committed to the Tower , ●or what cause is not certaine ; and being a Knight of the Order , his Garder was taken from him by Garter king at Armes , upon this pretence , that he was said to be no Gentleman , either by Father or Mother ; and the Garter was then bestowed on the Earle of Warwicke , the Duke of Nor●hum●erlands eldest Sonne , and the Lord Rich Lord Chancellour , was put off from his Place , and the Seal then delivered to Doctor Thomas Goodricke Bishop of Elye . About this time also three great Ships were set forth at the Kings charge , for discovery of a passage to the East Indies by the North Seas ; the chiefe Pilot and directour in this Voyage , was one Sebastian Gabato an Englishman , borne at Bristow , but the son of a Genoway : these Ships at the last arrived in the Countrey of Muscovia , but not without losse of their Captain Sir Hugh Willoughby , who being tossed and driven by tempest , was afterward found in his Ship frozen to death , and all his people . At this time al●o the Duke of Suffolks three Daughters , which he had by Frances , Daughter of Charles Brandon and Mary Queene of France , were married at Durham-House ; the eldest Iane to the Lord Dudley● , fourth Soone of the Duke of Northumberland : the second Katherine , to Henry Sonne and heire to the Earle of Pembrooke ; the yo●gest Mary , being somwhat deformed , to Martyn Keyes the Kings Gentleman-Porter . And then also Katherine the Duke of Northumberlands yongest daughter , to the Lord Hastings , eldest sonne of the Earle of Huntington . And now had the Duke of Northumberland gone a great way in his design ; it remained to perswade King Edward to exclude his two sisters from succession in the Crowne ; for that do●e , his daughter in law the Lady Ian● , would come to have a right ; for as for pretenders out of Scotland , or any other , he made no great matter . And now to worke the King to this perswasion , ( being in a languishing sicknesse , not farre from death ) he inculcates to him , how much it concerned him to have a care of Religion , that it might be preserved in purity , not onely in his owne life , but as well after his death ; which would not be , if his sister the Lady Mary should succeed , and she could not be put by unlesse her other sister the Lady Elizabeth were put by also , seeing their rights depended one upon another ; but if he pleased to appoint the Lady Iane , the Duke of Suffolkes eldest daughter , and his owne next kinswoman to his Sisters , to be his successour , he might then be sure that the true Religion should be maintained , to Gods great glory , and be a worthy Act of his owne religious Providence . This was to strike upon the right string of the yong Kings affection , with whom nothing was so deere as preservation of Religion ; and thereupon his last Will was appointed to be drawne ( contrived chiefly by the Lord chiefe Justice Montague , and Secretary Cecill : ) by which Will , as farre as in him lay , he excluded his two sisters from the succession , and all other , but the Duke of Suffolkes daughters ; and then causing it to be read before his Councell , he required them all to assent unto it , and to subscribe their hands ; which they all , both Nobility , and Bishops and Judges did ; onely the Archbishop Cranmer refused at first , Sir Iames Hales a Judge of the Common-Pleas to the last , and with him also Sir Iohn Baker Chancellour of the Exchequer . And now remained nothing for the Duke of Northumberlands purpose , but that the King should dye ; which soone after he did at Greenwich the sixth of Iuly , in the yeere 1553. One point of the Dukes policie must not be forgotten , that fearing what troubles the Lady Mary might raise after the Kings decease , if she should be at liberty ; he therefore , seeing the King drawing on , used all meanes possible to get her within his power ; to which end Letters are directed to her in the Kings name from the Councell , willing her forthwith to repaire to the King , as well to be a comfort to him in his sicknesse , as to see all matters well ordered about his person : whereupon , the Lady suspecting nothing , addressed her selfe with all speed to the journey ; till being upon the way , she was advertised of the Dukes designe ; and then she returned to her House at Hoveden , and so escaped the snare ; by whose escape , the whole designe of the Duke of Northumberland was disappointed ; as soone after will be seene . Of his Taxations . IN no Kings reigne was ever more Parliaments for the time , nor fewer Subsidies ; the greatest was in his last yeere , when yet there was but one Subsidie , with two fifteenes and tenths granted by the Temporalty , and a Subside by the Clergie . And indeed to shew how loath this King was to lay Impositions upon his people , this may be a sufficient argument ; that though he were much in debt , yet he chose rather to deale with the Foulker in the Low-Countries for money upon loane , at the interest of fourteene pounds for a hundred , for a yeere . But his wayes for raising of money , was by selling of Chantrie Lands and Houses , given him by Parliament ; and by inquiring after all Church-goods , either remaining in Cathedrall and Parish-Churches , or embezeled away , as Jewels , gold and silver , Chalices , ready money , Copes , and other Vestments ; reserving to every Church one Challice , and one covering for the Communion-Table , the rest to be applied to his benefit . He also raised money by enquiring after offences of Officers in great places ; in which inquirie , one Beamont Master of the Rolles , being convinced of many crimes , surrendred all his Offices , Lands and Goods into the Kings hands : also one Whalley Receiver of Yorkeshire , being found a delinquent , surrendred his Office , and payed a great fine besides : also the Lord Paget , Chancellour of the Dutchie , convinced , that he had sold the Kings Lands and Timber-woods without Commission , and had applied the Kings Fines to his owne use ; for these and other offences , surrendred his Office , and was fined at foure thousand pounds , which he payed in hand . One thing more was done in his time for raising of money ; twenty thousand pounds weight of Bullion , was appointed to be made so much baser , that the King might gaine thereby a hundred and forty thousand pounds . Of his Lawes and Ordinances . IN his third yeere a Parliament was holden ; wherein one Act was made against spreading of Prophesies ; another against unlawfull Assemblies . In his fourth yeere a Parliament was holden , wherein Priests children were made legitimate ; and usury for the loane of money was forbidden . In his fifth yeer , it was ordained that the Lawes of England should be administred in Ireland ; and a king at Armes named Vlster , was newly instituted for Ireland ; whose Province was all Ireland ; and he was the first fourth king of Armes , and first Herauld appointed for Ireland . Also in his fifth yeere , base monies formerly coyned , were cried downe ; so as the shilling went but for nine pence , and shortly after but for six pence , the g●oat but for three pence , and shortly after but for two pence . Affaires of the Church in his time . IN the first yee●e of this Kings reigne , Injunctions were set forth , for pulling downe a●d removing all Images out of Churches ; also certaine Homilies were appointed to be made by learned men , to be read in Churches , for the peoples instruction : and at Easter this yeer , it was ordered , that the Sacrament of the Lords Supper should be ministred to the Lay-people in both kindes ; also Marriage was allowed to Clergie men ; Auricular Confession and prayer for the dead were forbidden : and it is observable , that the very same day that Images were pulled downe at London , the great overthrow was given to the Scots at Mu●kleborough . Also at this time , by the Archbishop Cranmers means , divers learned Protestants came over into England , and had here ente●tainment , as Peter Martyr , Martin Bucer , and Paulus Fagius ; of whom Peter Martyr was sent to read a Divinity Lecture in Oxford , Bucer and Fagius in Cambridge . In this Kings foutth yeer , all Altars in Churches were comma●ded to be taken downe , and Tables placed in their roomes . In his fifth yeer the Book of Common Prayer was established . Casualties happening in his time . IN his second yeere , Saint Annes Church within Aldesgate was burnt . In his ●ifth yeere , a sweating sicknesse infested first Shrewesbury , and then the north parts , and after grew most extreame in London , so as the first weeke there dyed eight hundred persons , and was so violent that it tooke men away in foure and twenty houres , sometimes in twelve , and somtimes in lesse : amongst other of account that dyed of this sicknesse , were the two Sonnes of Charles Brandon Duke of Suffolke , who dyed within an houre after one another , in such order that both of them dyed Dukes . This disease was proper to the English Nation , for it followed the English wheresoever they were in foraigne parts ; but seized upon none of any other Countrey . In this yeere , one Master Arden of Kent , by procurement of his wife was murthered in his owne house ; being dead , his body was carried out and laid upon the ground , in a close hard by ; where this is memorable , that for two yeers after , the ground where his body lay , bore no grasse , but represented still as it were a picture of his body , onely in the space between his legges and armes there grew grasse , but where any part of his body touched , none at all . Yet this miraculous accident was not so much for the murther , as for the curses of a widow-woman , out of whose hands the said Master Arden had uncharitably bought the said close , to her undoing . And thus the divine justice even in this world oftentimes works miracles upon offenders , for a mercifull warning to men , if they would be so wise to take it . In his sixth yeer , the third of August , at Middleton-stony , eleven miles from Oxford , a woman brought forth a childe which had two perfect bodies from the navill upward , the legges for both the bodies grew out at the midst where the bodies joyned , and had but one issue for the excrements of them both : they lived eighteen dayes , and were women children . This yeere also were taken at Quinborow three Dolphins , and at Black-Wall six more , the least of which was bigger then any horse . Works of Piety by him or other in his time . THis King gave three houses to the reliefe of the poor ; first for the fatherlesse and beggers children , he gave the late Gray-Fryers in London , which i● now called Christs Hospitall : then for lame and diseased persons he gave the Hospitall of Saint Thomas in Southwarke , and Saint Barthalomews in West Smithfield : Thirdly , for riotous and idle persons , he gave his house of Brid●well ; and for their maintenance , he took six hundred pounds a yeer land from the house of the Savoy ( which had been long abused ) and bestowed it upon these houses ; to which he added four thousand marks a yeer more . By his example Sir William Chester Alderman of London , and Iohn Calthroppe Draper , at their owne costs made the Brickwalls and way on the backside that leadeth to the Hospitall of Saint Barthalomews ; and also covered and vawted the Towne Ditch , which before was very noysome . In the second yeer of this King , Sir Iohn Gresham then Major of London , founded a free Schoole at Host in Norfolke ; also at his decease , he gave to every Ward in London ten pounds , to be distributed amongst the poor , and to maids marriages two hundred pounds . In his third yeer , Sir Rowland Hill the ●hen Lord Major of London , caused to be made a Cawsway commonly called Overlane pavement , in the high way from Stone to Nantwich , in length four miles , for the ease of horse and man. He caused also a Cawsway to be made from Dunchurch to Bransen in Warwickshiere , more then two miles in length ; and gave twenty pounds towards the making of Roitton Bridge three miles from Coventry . He made likewise the high way to Kilborne neere to London . Also four Bridges , two of them of stone , containing eighteen arches in them both ; the one over the River of Severne called Acham Bridge , the other Terne Bridge ; and two other of Timber at Stoke , where he built also a good part of the Church . A free Schoole likewise he builded at ●rayton in Shropshiere , with Master and Usher , and gave sufficient stipends to them both . Also he purchased a free fair to the said Towne , with a free Market weekly ; and every fourteen dayes a free Market for cartell . Besides all thi● , he gave to the Hospitall of Christ-Church in London in his life time , five hundred pounds , and at his death , a hundred . In this Kings fourth yeer , Sir Andrew Iud Major of London , founded a notable free Schoole at Tunbridge in Kent ; he builded also an Almshouse for six poor people , nigh to the Parish Church of Saint Helens in Bishopsgate-streete ; and gave threescore pounds land a yeer to the Skinners of London , for which be bound to pay twenty pounds to the Schoolemaster , and eight pounds to the Usher of his free Schoole at Tunbridge yeerly for ever ; and four shillings weekely to the six poor Almspeople , and something more yeerly . In his sixth yeer , Sir George Barnes Major of London , gave a Windmill in Finsbury-field to the Haberdashers of London , the profits thereof to be destributed to the poor of that Company ; also to Saint Bartholamews the little , certaine Tenements to the like use . Of his personage and conditions . COncerning his personage , it is said , he was in body beautifull , of a sweete aspect , and specially in his eyes , which seemed to have a starry livelinesse and lustre in them . Concerning his conditions , in matter of fact , there is not much to be said ; but in matter of disposition and inclination very much , even to admiration . For though his tree was not yet come to the maturity of bearing fruit , yet it was come to the forwardnesse to bear plenty of buds and blossomes . For proofe of his mercifull disposition this one example may be sufficient ; when one Ioan Butcher was to be burned for blasphemy and heresie , all the Counsell could not get him to signe the Warrant , till the Archbishop Cranmer with much importunity perswaded him , and then he did it , but not without weeping . For his pregnancy of wit , and knowledge in all kindes of learning ; we shall need but to hear what Cardan ( who coming into England , had often conference with him ) reporteth of him : that he was extraordinarily skilfull in Languages , and in the Politicks ; well seen in Philosophy and in Divinity , and generally indeed a very miracle of Art and Nature . He would answer Embassadours somerimes upon the suddaine , either in French or Latine ; he knew the state of forraigne Princes perfectly , and his own more . He could call all Gentlemen of account through his Kingdome by their names ; and all this when he had scarce yet attained to the age of fifteene yeers ; and died before sixteene ; that from hence we may gather , it is a signe of no long life , when the faculties of the minde are ripe so early . Of his death and buriall . IN the sixth yeer of his reigne , which was the yeer before he died , he fel sick of the Measels , and being well recovered of them , he fell after soon into the smal Pox , & of them also was so well recovered , that the summer following he rode a progresse , with a greater magnificence then ever he had done before ; having in his traine no fewer then four thousand horse . In Ianuary following , ( whether procured by sinister practise , or growing upon him by naturall infirmity ) he fell into an indisposition of body , which soon after grew to a cough of the Lungs . Whereupon a rumour was spread abroad by some , that a Nosegay had been given him at Newyeerstide , which brought him into this slow but deadly consumption ; by others that it was done by a Glister : how ever it was , he was brought at last to so great extremity , that his Physicians despared of his life ; and when Physicians could do him no good , a Gentlewoman ( thought to be prepared for the purpose ) tooke him in hand , and did him hurt ; for with her applications his legges swelled , his pulse failed , his skinne changed colour , and many other symptomes of approaching death appeared . The hour before his death , he was overheard to pray thus by himselfe , O Lord God , deliver me out of this miserable and wretched life ; O Lord , thou knowest how happy it were for me to be with thee ; yet for thy chosens sake , if it be thy will send me life and health that I ma● truly serve thee : O Lord God , save thy chosen people of England , and defend this Realme from Papistrie , and maintaine thy true Religion , that I and my People may praise thy holy Name , for thy Sonne Jesus Christs sake . So ●urning his face and seeing some by him , he said ; I thought you had nor been so nigh : Yes , said Doctor Owens we heard you speak to your selfe ; then said the King , I was praying to God : O , I am faint ; Lord have mercy upon me , and receive my spirit ; and in so saying gave up the Ghost , the sixth day of Iuly , in the yeer 1553. and in the sixteenth yeer of his Age when he had reigned six yeers , five moneths , and nine dayes . It is noted by some , that he died the same moneth , and the same day of the moneth that his father King Henry the eight had put Sir Thomas Moore to death . His body was buried upon the ninth of August in the Chappell of Saint Peters Church in Westminster ; and laid neere to the body of King Henry the seventh his grandfather . At his funerall which was on the tenth of August following , his sister Queen Mary shewed this respect to him , that though Doctor Day a Popish Bishop preached , yet all the service with a communion was in English. Men of note in his time . THis Kings reigne being short , and having but small warres , had not many sword-men famous for any acts they did ; Gowne men there were some , as Edward Holl a Councellour in the Law , who wrote a notable Cronicle of the union of the two houses of Yorke and Lancaster ; William Hugh a Yorkeshireman , who wrote a notable Treatice called The troubled mans medicine ; Thomas Sternehold , borne in Southampton , who turned into English Meete● seven and thirty of Davids Psalmes . The Interregnum betweene the death of King Edward and the proclaiming at London of Queene Mary . KIng Edward being dead , the Duke of Northumberland tooke upon him to sit at the Sterne , and ordered all things at his pleasure : so two dayes after he with others of the Councell , sent to the Lord Major that he with six Aldermen and twelve principall Commons , should repaire presently to the Court ; to whom when they came , it was secretly signified that King Edward was dead ; and that by his last Will , to which all the Nobility and Judges had given assent , he had appointed the Lady Iane , daughter to the Duke of Suffolke , to succeede him ; his Letters Patents whereof were shewed them , and therupon they were required , to take their Oathes of Allegeance to the Lady Iane , and to secure the City in her behalfe ; which whether dissemblingly , or sincerely ; whether for love or fear , yet they did , and then departed . The next day the Lady Iane in great state , was brought to the Tower of London , and there declared Queene ; and by edect with the sound of Trumpet proclaimed so through London ; at which time , for some words seeming to be spoken against it , one Gilbert Pot a Vint●ers servant , was set in the Pilory , and lost both his ears . Before this time , the Lady Mary having heard of her brothers death , and of the Duke of Northumberlands designes ; removed from Hovesdon to her Mannour of Keninghall in Norfolke , and under pretence of fearing infection , ( having lately lost one of her houshold servants of the plague ) in one day she rode forty miles , and from thence afterward to her Castle of Framingham in Suffolke ; where taking upon her the name of Queene , there resorted to her the most part of all the Gentlemen both of Norfolke & Suffolke , offering their assistance ; but upon condition she would make no alteration in Religion , to which she condiscended ; and thereupon soone after came to her , the Earles of Oxford , Bathe and Sussex , the Lord Wentworth , Thomas Wharton , and Iohn Mordant Barrons eldest sonnes ; and of Knights Cornwallis , Drury , Walgrave , Shelton , Beningfield , Ierningham , Suliard , Freston and many others . The Lady Mary being thus assisted , wrote her letters signed the ninth of Iuly to the Lords of the Councell , wherein shee claimed the Crowne , as of right belonging to her ; and required them to proclaime her Queene of England in the City of London , as they tendred her displeasure . To this letter of hers , the Lords answered , that for what they did , they had good Warrant ; not onely by King Edwards last Will , but by the Lawes of the land , considering her Mothers divorce , and her owne Illegitimation ; and therefore required her to submit her selfe to Queene Iane , being now her Soveraigne . This Letter was written from the Tower of London , under the hands of these that follow , Thomas Archbishop of Canterbury , Thom●s Elye Chancellour , William Marquesse of Winchester , Iohn Earle of Bedford , Henry Duke of Suffolke , Francis Earle of Shrewsbury , Iohn Duke of North●mberland , William Earle of Pembrooke , Thomas Lord Darcey Lord Chamberlin , Cobham , Rich , Huntington , Cheyney , Iohn Gates , William Peter , William Ce●ill , Iohn Clerke , Iohn Mason , Edward North and Robert Bowes . The quarell on both sides being thus begun by Letters , is prosecuted by Armes ; and the Lords for their Generall make choyce of the Duke of Suffolke , as a man most likely to be firme and sure in the imployment ; but the Queen his daughter cannot misse his presence ; and besides , is not willing to hazard his person ; and thereupon , she by intreaties and the Lords by perswasions prevaile with the Duke of Northumb●rland to undertake the charge ; who before his going having conference with the Lords , let them know how sensible he was of the double danger he under-went in this enterprize ; both in respect of the Lady against whom he went , and in respect of them whom he left behinde him ; for if they in his absence should by any accident be drawne to waver in their resolution , they might worke their owne safety with his destruction , and make themselves seeme innocent in his guiltinesse . To which one of the Lords replied and said ; Your Grace makes a doubt of that which cannot be , for which of us all can wash his hands cleane of this businesse ? and therefore it behooves us to be as resolute as your selfe ; and the Earle of Arundell , to testifie his resolution in the matter , said , he was sorry it was not his chance to goe with him , at whose feet he could finde in his heart to spend his blood . So the Duke with the Marquesse of Northampton , the Lord Gray , and divers other of account , on the fourteenth of Iuly set forward on the journey with eight thousand foot and two thousand horse ; and passing through Shoreditch , the Duke said to the Lord Gray , see how the people presse to see us , but not one of them saith , God speed you . The Duke had every dayes march how farre he should goe , appointed him by Commission ; which being very slow , whether it were done of purpose , by some that favoured the Lady Maries side , was certainly a great helpe to her proceedings ; for by this meanes she had the longer time to make her preparations ; and indeed in this time two accidents happened , of great benefit to her ; one , that Edward Hastings the Earle of Huntingtons brother , having an Army of foure thousand foot committed to him by the Earle of Northumberland , he now left his Party , and went to the Lady Mary : the other , that six great Ships which lay before Yarmouth to intercept the Lady Mary , if she shouly attempt to flye , now at the perswasion of Master Ierningham , came in to her aide : which two revolts so terrified the Londoners , that though Doctor Ridley Bishop of London , on the sixteenth of Iuly , at Pauls Crosse Preached a Sermon , wherein he invited the people to stand firme to Queene Iane , whose cause he affirmed to be most just , ye● few or none were perswaded by him ; so as the Lords themselves fell off from the side , who assembling at Beynards-Castle , first the Earle of Arundell , then the Earle of Pembrooke fell to invectives against the Earle of Northumberland ; and then all the Lords joyning in opinion with them , they called for the Major , and in London Proclaimed the Lady Mary Queene ; as likewise the Lord Windsor , Sir Edmund Peckham , Sir Robert Drurie and Sir Edward Hastings did in Buckinghamshire ; Sir Iohn Williams of Tame , and Sir Leonard Chamberlaine in Oxfordshire , and Sir Thomas Tresham in the County of Northampton . All this came soone to the knowledge of the Duke of Northumberland , being then at Burie ; who thereby seeing how the world went , thought it his best course to turne with the streame , and thereupon returning to Cambridge , he tooke the Major of the Towne with him into the Market-place , and there himselfe for want of a Herauld , Proclaimed the Lady Mary Queene , and in signe of joy threw up his Cap ; which yet served not his turne , for the next morning Henry Fitz-Allen Earle of Arundell , came into Cambridge from Queene Mary , who entring his Chamber , the Duke at his feet fell on his knees ; desiring him for Gods love to consider his case , that had done nothing but by the Warrant of him and the Councell : My Lord ( said the Earle ) I am sent hither by the Queen to arrest you ; and I ( said the Duke ) obey your arrest ; yet I beseech your Lordship , to use mercy towards him whose Acts have been no other then were injoyned by Commission : you should have thought of that sooner ( said the Earle ) and thereupon committed him to a Guard , and left him to the Queenes mercy . Thus ended all this great Dukes designes , in his owne destruction , and brought him to fall on his knees to them , who had often before bowed their knees to him ; and the Earle , who at the Dukes going ou● , could have beene contented to spend his blood at his feet , was now contented to be made an instrument of his fall : so sudden are the turnes of mens affections , and so unstable is the building upon their asseverations ; at lest no man must looke to have his case be of any weight against him , who hath his owne case put in the Ballance . Together with the Duke his three Sonnes Iohn , Ambrose and Henry , the Earle of Huntington , Sir Andrew Dudley , the two Gates , Iohn and Henry , Sir Thomas Palmer and Doctor Sands were conveyed towards London , and brought to the Tower ; and the next day the Marquesse of Northampton , the Lord Robert Dudley and Sir Robert Corbet . Before which time , the Duke of Suffolke entring his daughters the Lady Ianes Chamber , told her , she must now put off her Royall Robes , and be contented with a private life : to which she answered , She would much more willingly put them off , then she had put them on ; and would never have done it , but in obedience to him and her Mother . And this was the end of the Lady Ianes ten dayes Reigne . THE REIGNE OF QUEEN MARY . THE Lady Mary having bin Proclaimed Queen in London and other parts of the Realme ; removed from her castle of Framingham towards London ; and being come to Wanstead in Essex , on the thirtieth of Iuly , the Lady Elizabeth her sister , with a traine of a thousand horse , rode from her place in the Strand to meet her : on the third of August the Queene rode through London to the Tower , where at her entrance were presented to her Thomas Duke of Norfolke , Edward Lord Courtney , Stephen Gardiner late Bishop of Winchester , and the Du●chesse of Somerset ; who all kneeling downe● she kissed them , and said , These be my Prisoners , and then caused them presently to be set at liberty : the next day she restored the Lord Courtney to his Marchisate of Exceter ; and the same day also she not onely restored Stephen Gardiner to his Bishopricke of Winchester , but a few da●es after made him Chancellour of England ; yet this was the man that had subscribed to her Mothers Divorce● and had written Bookes against the lawfulnesse of her mariage . The fift of August Edmund Bonner late Bishop of London prisoner in the Marshalsey , and Cutbert Tunstall the old Bishop of Durham prisoner in the Kings Bench , had their Pardons and were restored to their Sees . Sortly aft●r , all the Bishops which had been deprived in the time of King Edward the sixth , were restored to their Bishopricks● and the new removed , as Ridley was removed from London and Bonner placed , Skory from Chichester and Day placed , Miles Coverdale from Exceter and West placed , Iohn Hooper from Worcester and Heath placed . Also all Beneficed men that were married , or would not renounce their Religion , were put out of their Livings , and other of a contrary opinion put in their rooms . On the thirteenth of August one Master Bourne a Canon of Pauls , preaching at Pauls Crosse , not onely prayed for the dead , but also declared that Doctor Bonner Bishop of London , ( late restored , and there in presence ) for a Sermon by him made foure yeeres before , in the same place , and upon the same Text , had unjustly beene cast into the vile prison of the Marshalsey ; which Speech so offended some of the Auditory , that they cried , Pull him downe , pull him downe ; and had certainly done him violence ( for a Dagger was throwne at him ) if Master Bradford a Protestant Preacher , had not stept into his place and appeased the tumult , and Master Rogers another Protestant Minister ( who were both afterward burnt for Religion ) had not shifted away Bourne into Pauls Schoole . Hitherto Queene Maries reigne had beene without blood , but now the Cataracts of seventy will be opened , that will make it raine blood : for now on the eighteenth of August , Iohn Dudley Duke of Northumberland , VVilliam Parre Marquesse of Northampt●n , and Iohn Earle of VVarwicke , so●ne and heire to the Duk , were arraigned at VVestminster-hall , before Thomas Duke of N●●folke as high Steward of England ; where the Duke of Northumberland , after his Indictment read , required the opinion of the Court in two points ; first , whither a man doing any Act by authority of the Princes Couns●●le , and by warrant of the great Seale of England , might for any such Act be charged with treason : secondly , whither any such persons as were equally culpable , and by whose commandements he was directed , might be his Judges and passe upon his triall : whereunto was answered , that concerning the first ; the great Seale which he alleaged for his warrant , was not the Seale of the lawfull Queene of the Realm , but of an Usurper , and therfore could be no warrant for him : and as to the second , it was resolved , that if any were as deeply to be touched in the case as himself , yet so long as no Attainder were of record against them , they were persons able in law to passe ●pon his triall , and not to be challenged but at the Princes pleasure . After which answers , the Duke used few words , but confessed the Indictment , and accordingly had judgment to dye . By whose example the other prisoners arraigned with him , confessed the Indictments , and therupon had judgment : the ninteenth of August , Sir Andrew Dudley , Sir Iohn , and Sir Henry Gates brethren , and Sir Thomas Palmer Knights , were arraigned at VVestminster , who c●nfessing their Indictments , had judgment , which was pronounced by the Marquesse of VVinchester , Lord high Treasu●er , sitting that day as chiefe Justice : after these condemnations , followed the executions ; for on the two and twentieth of August Iohn Duke of Northum●erland was brought to the Tower-hill , and there beheaded ; being upon the scaffold in a gowne of green coloured damaske , he put it off and then made a long Speech , wherein he asked the Queen forgivenesse , whom he acknowledged to have grievously offended ; and then making profession of his Faith , that he died a true Catholick ( meaning a Papist ) he said the Psalmes of Miserere and De Profundis , the Pater noster , and six of the first verses of the Psalme In te Domine speravi , ending with this verse , Into thy hands , O Lord , I commend my spirit ; and this said , he looked about him , as looking for a Pardon , but none comming , he laid his head downe upon the blocke , and at one blow had it strucken off ; his body with the head was buried in the Tower , by the body of Edward late Duke of Somerset ( mortall enemies while they lived , but now lying together as good friends ) so as there lyeth before the high Altar in Saint Peters Church , ●wo Dukes between two Queens , namely the Duke of Somerset and the Duke of Northumberland between Queen Anne and Queene Katherine , all foure beheaded . Of what religion this Duke was may well be doubted , seeing at his death he professed himself a Papist , when lately before he had importuned King Edward to make the Lady Iane his successour , lest the Papall religion should be restored ; it seems he was not greatly of either but for other ends ; a Protestant then when it was to make his daughter in law Queen ; now a Papist , when it was to save his life ( for it was thought he had Pardon promised , if he would recant . At the same time and place were beheaded Sir Iohn Gates and Sir Thomas Palmer , who were no such temporizers but persisted and dyed in the Protestant Religion , which they had alwayes professed . After this , a sprinkling of mercy came from the Queene ; for on the third of September the Lord Ferrers of Chartley , the two chiefe Justices , Sir Roger Cholmley and Mountague , Sir Iohn Cheeke and others were delivered out of the Tower whether before they had been committed ; but a shower of severity followed soon after , for on the fifteenth of September Master Latimer and Doctor Cranmer Archbishop of Canterbury were sent to the Tower , and on the third o● November following , the said Archbishop Cranmer , the Lady Iane ( late Queene ) and the Lord Guildford her husband , with the Lords Ambrose and Henry , sonnes to the late Duke of Northumberland , were all arraigned at the Guild-hall , found guilty and had judgement to dye . All this while Queen Mary had contented her selfe to be Queene by Proclamation ; but now that things were something setled , she proceeds to her Coronation : for on the last of September she rode in her Chariot through London towards VVestminster in this order ; first rode a number of Gentlemen and Knights , then Doctors , then Judges , then Bishops , then Lords , then the Councell , after whom followed the Knights of the Bath , thirteene in number in their Robes , then the Bishop of VVinchester Lord Chancellour , and the Marquesse of VVinchester Lord high Treasurer , next came the Duke of Norfolke , and after him the Earle of Oxford who bore the sword , then the Major of Lond●n in a Gowne of Crimson Velvet , who bore the Scepter of Gold ; after came the Queenes Chariot , and then followed another Chariot wherein sat the Lady Elizabeth her sister and the Lady Anne of Cleeve , and then came Ladies and Gentlewomen riding on horses , trapped with red velvet : &c. In this order they came through London to VVestminster ; where in many places by the way , were Pagents and stately shewes , and many rich presents given to the Queene . The next day she went by water to the old Palace , and remained there till eleven of the clock , and then went on foot upon blew cloth , being railed on either side to Saint Peters Church , where she was Crowned and Anointed by the Bishop of VVinchester , ( the two Archbishops being then in the Tower ) with all Rites and Ceremonies of old accustomed . After her Coronation , a generall pardon was published in her name , but interlaced with so many exceptions of matters and persons , that very few tooke benefit by it ; for after the pardon published , there were Commissioners assigned , to compound with such persons as were excepted : from some of whom they tooke away their Fees and Offices , some they fi●ed , and some they deprived of their estates and livings . About this time Sir Iames Hales one of the Justices of the Common Pleas , who in the time of King Edward had refused to signe a writing for disinheriting the Lady Mary , and the Lady Elizabeth ; ( a fact worthy at least of a kinde remembrance from the Lady Mary now Queene ) yet now , for that at a quarter Sessions in Kent , he gave charge upon the statutes of King Henry the eight , and King Edward the sixth , in derogation of the Primacy of the Church of Rome ; he was first committed to the Kings Bench , then to the Counter , and lastly to the Fleet ; where he grew so troubled in minde , that he attempted with a Pen-knife to kill himselfe ; and being afterward recovered of that hurt , and brought to the Queenes presence , who gave him very comfortable words , yet could never come to be quiet in his minde ; but in the end , drowned himselfe in a River not halfe a mile from his house , the River being so shallow , that he was faine to lye groveling before he could dispatch him●elfe of life . And now another sprinkling of mercy came from the Queene ; for the Marquesse of Northampton , and Sir Henry Gates , lately before condemned to dye , were now pardoned and set at liberty . The Lady Iane also was allowed the liberty of the Tower , not without hope of life and liberty altogether ; if her father the Duke of Suffolke had not the second time been cause of her destruction . About this time also a Synod was assembled , for consulting about matters of Religion ; and the point specially of the reall presence in the Sacrament . The Prolocutour was Doctor VVeston ; and of the Protestant side , were Iohn Almer and Richard Cheyney , both Bishops afterward in Queene Elizabeths time , also Iohn Philpo● , afterward burnt , Iames Haddon and others . After long disputation , where reasons were not so much weighed as voyces numbred ; the Papall side , as having most voyces , carried it ; and thereupon was that Religion againe restored , and the Masse commanded in all Churches to be celebrated , after the ancient manner . It was now the yeer 1553. when Queene Mary was come to the age of seven and thirty yeers , and therefore high time now to thinke of marriage , at least if she meant to have issue of her body ; but a hard ma●ter it was to finde a husband in all points ●itting for her , yet three at this time ( in common fame at least ) were taken into consideration : one was the Lord Courtney M●rquesse of Exceter , a goodly Gentleman and of Royall blood , but there was exception against him because inclining ( as was thought ) to Lutheranisme ; another was Cardinal ●oole , of a dignity not much inferiour to Kings , and by his Mother descended from Kings ; but there was exception against him also , because foure and fifty yeers old , ( as old a Batchelour as Queen Mary was a maid ) and so the lesse hope of issue betweene them : but the third ( if he might be had ) was without exception , and this was Phillip Prince of Spaine , the Emperour Charles his eldest sonne , with whom being a Spaniard , she was the fitter matched , as being by the Mother a Spaniard her selfe . And now very oppertunely came in the beginning of Ian. Embassadors into England about it ; amongst others , the Cou●● of Egmond Admirall of the L●w Countryes ; and Iohn of Memorancy Lord of Curryers ; whose message was so kindely entertained , that the marriage in short time was absolutely concluded , though it seemed something strange to many , that she should now be wife to the sonne , who thirty yeers before should have been wife to the father . But so it is , Queenes are never old , so long as they are within yeers of bearing children . And indeede the match was concluded , with conditions of farre more advantage to Quee●e Mary , then they were to King Phillip , as on the fourteenth of Ianuary Stephen Gardiner Bishop of Winchester and Lord Chancelour of England , openly in the Presence Chamber at Westminster , declared to all the Lords and Gentlemen there present : for it was agreed , that after the mar●iage , King Phillip should have the Title of all the Queenes Dominions , and be assumed into fellowship of the government ; but yet with reservation to the Queene , of all Priviledges and Customes of the Kingdome , and free disposition of all Offices and Honours , as likewise the Queene should be assumed into the fellowship of all the Kings Dominions , and surviving him , should have a Joynture of two hundred thousand Pounds a yeer . Then for the issue betweene them , if she had a Sonne , that he should inherit the Low Countryes and Burgundy ; and King Phillips sonne Charles , which he had by a former wife , should inherit all his Dominions in Italie and Spaine ; but if his sonne Charles should fail without issue , then the sonne he should have by Queene Mary , should inherit his Kingdomes of Italie and Spaine also . And the like good provision was also made for daughters . But notwithstanding these great ●dvantage● of the ma●ch , yet such was the precipitant rashnesse of some ; that thinking themselves wiser then the Queene and the Councel , they sought by all meanes to oppose the match ; giving out that it ●ended to bring England under the yoke of Spaine , and to make the Countrey a slave to strangers . This was the generall murmuring of people ; but the first that shewed himselfe in Armes , was Sir Thomas Wyat of Kent ; who having communicated the matter with the Duke of Suffolke the Lady Ianes father , with Peter Caroe a Knight of Devonshire , and divers others ; intended onely to make secret provision , but not to stirre till Prince Phillip should be come , that so their cause of taking armes might have the better colour . On the fifteenth of Ianuary , Robert Dudley sonne to the Duke of Northumberland , was arraigned at the Guildhall of high Treason , who confessed the indictment , and had judgement given by the Earle of Sussex , to be drawen , hanged , bowelled and quartered . But now in counsels communicated to many , it is a hard matter to have counsell kept , and Sir Peter Caroe finding that their plot was discovered , fled privily into France , where lurking for a time , he was afterward taken at Bruxells , and brought captive into England ; as likewise at the same time and place Sir Iohn Cheeke King Edwards Schoolmaster was taken , who being drawne by terrours to embrace the Papall Religion , with very griefe afterward of his errour pined away and dyed ; Sir Peter Caroe lived many yeers af●er , and dyed in Ireland ; though it be falsely recorded , they were both burnt for Religion , in Iune of this yeer . Wyatt hearing of Sir Peter Caroes flight , and that all their purpose was discovered ; was driven before his time to enter into armes , giving out for the cause that it was not to attempt any thing against the Queene , but onely to remove ill Councellours , and chiefly to repell Prince Phillip ; least by this mariage the Kingdome should come in subjection to the Spaniard . With Wyatt were joyned Sir Henry Isley , Sir George Harper , Anthony and William Knevet , and divers other Gentlemen of the County ; against him were the Lord Abuegaveny , Sir Thomas Cheyney Lord Warden of the Ports , Sir Sobert Southwell Sheriffe of Kent , Sir Warram Sentleger , Sir Thomas Kempe Sir Thomas Moyle , Sir Thomas Finch with divers other ; yet all these great men had such doubt of the people , that they durst not proceed but very warily . The five and twentieth of Ianuary , newes came to London of Wyats rising ; against whom was presently sent the Duke of Norfolke , with Sir Henry ●erningham Captaine of the Guard , Sir Edward Bray , Sir Iohn Fogge , Iohn Covert Roger Appleton Esquires , and five hundred souldiers out of London ; appointed to go after him , under the leading of Captaine Brett . And now see in times of Sedition , how uncertaine a thing it is to trust to the people ; for before Brett could overtake the Duke , Sir George Harper was secretly got to him , who so perswaded him that he and his five hundred souldiers left the Duke and went all to VVyatt ; which made the Duke and those with him presently to flye , and put such boldnesse into VVyatt , that now he marched in great confidence towards London , with so great terrour to all sorts of people , that at VVestminster-Hall , the Serjeants and other Lawyers , pleaded in harnesse . In the meane time , the Duke of Suffolke was perceived in VVarwickshire , to be raising of Forces in assistance of VVyatt ; against whom was presently sent the Earle of Huntington , and the Duke finding himselfe unable to make resistance , having with all his industry gotten together but onely fifty men ; he betooke himselfe to a Tenant of his One , Vnderwood , with whom he hoped and had promise to remaine undiscovered , till he might have oppertunity to escape , as some say , as others to a Keeper of his Parke called Nicholas Lawrence , who kept him in a hollow Oake in the said Park● for two or three dayes : but whether Vnderwood or Lawrence , either out of fear , or out of hope of reward , he betrayed him to the Earle , by whom he was taken , and under a strong guard carried to the Tower. Upon this , Queen Mary her selfe came into London , where calling the Major and chiefe of the City together , she made an Oration , wherein she shewed the insolency of VVyatt ; who though he pretended the but onely the crossing of the marriage ; yet was now grown to such presumption , that he required to have the custody of her person ; and to have Councellours retained or removed at his pleasure . A●d as for her mariage , she there affirmed she had done nothing in it , but by advice of her Councell ; and for her selfe , tha● she was not so longing for a husband , but that if it were not more for the good of the Kingdome , then for her ownsatisfaction , she would never once think of entertaining it . Having by her speech confirmed the minds of the Citizens ; Forces are presently raised , and placed about the Bridge , and other fit places of the City . The third of February , Wyatt with an Army of three or four thousand , came to London , hoping of present entrance , but finding the Bridge broken , and souldiers placed to resist him , after two dayes stay in Southwarke , he removed to Kingstone , where he found likewise the Bridge broken , yet with great industry suddenly repairing it , he passed over his men , and meant with all speed , to get to the Court , before the Queene should have notice of him coming ; and had done so indeede , if a mischance , and an errour upon that mischance had not hindred him . For being come within six miles of London , the carriage of one of his great Ordnance brake , in mending whereof so much time was spent ( and VVyatt by no perswasions would go forward without it ) that the time was past , in which his friends at London expected his coming ; which disappointment made many in those parts to fall off , and being perceived by those about him , many of them also ; so as one halfe of his Army was suddenly gone and left him ; amongst other , Sir George Harper , the most intimate of all his councell , went to the Queene and discovered all his purposes : whereupon the Earle of Pembrooke with a company levied upon the sudden● was sent against him ; which made VVyat slacke his pace , so as it was noone before he came to the suburbs of the City ; and then placing his Ordnance upon a hill , and leaving there the greatest part of his Army , he onely with five Ensignes marched towards Ludgate , and being encountred at Charing-crosse by the Lord Chamberlin and Sir Iohn Gage , after a small fight put them to flight in such sort , that word was carried to the Queene , how neer VVyat approached , and how wonderfully he prevailed all the way he came : with which nothing dismayed ; well then ( said she ) I will go in person against him my selfe ; and was prep●ring to doe so indeed ( so much was her Fathers valour running in her veines : ) but it needed not ; for by this time Sir Henry Ie●ningham Captaine of the Guard , Sir Edward Bray Master of the Ordnance , and Sir Phillip Paris , had given him battaile and slaine many of his men ; and that which was more , comming ●o Ludgate , he was denied entrance ; and then thinking to retyre , ●e heard the Earle of Pembrooke with his Forces was behinde at Cha●ing-crosse ; so as neither able to goe forward nor yet backward , he was at a stand and in amazement , and then lea●ing a while upon a stall by the Bell-savage , after a little musing , he returned towards Temple-gate ; where Clarentius the Herauld meeting him , fell to perswade him , not to be a cause of more effusion of blood , nor by persisting in obstinacy to exclude all hope of the Queenes mercy . The Souldiers of VVyat were earnest with him to have stood it out ; but Wyat as sillily ending , as he had unadvisedly begun ; yeelded himselfe to Sir Maurice Berkeley , and getting up upon his horse behinde him , in that manner rode to the Court ; where he had not the entertainment he expected , for without more adoe he was presently sent away to the Tower. The Captaine taken , the rest made no resist●nce , few fled , and of the other many were taken and laid in prison : and this was done the sixth of February . And now consultation was held what Delinquents should be punished ; where the first that was thought on was the Lady Iane , in whom was verified , edge● the innocent Lady must suffer for her Fathers fault ; for if her Father the Duke of Suffolke , had not this second time made shipwracke of his loyalty , his Daughter perhaps had never tasted the salt-waters of the Queens displeasure : but now as a rocke of offence , she is the first that must be removed ; and thereupon is Doctor Fecknam sent to acquaint her , that she must prepare her selfe to dye the next day : which Message was so little unpleasing to her , that she seemed rather to rejoyce at it , as wherby she should at last be set at liberty ; and the Doctor being earnest with her to leave her new Religion , and to embrace the old ; she answered , She had now no time to thinke of any thing , but of perparing her selfe to God by Prayer : Fecknam thinking she had spoken this , to the end she might have some longer time of life , obtained of the Queene three dayes longer , and then came and ●old so much to the Lady Iane ; whereat she smiling said , You are much deceived if you thinke I had any desire of longer life ; for I assure you , since the time you went from me , my life hath beene so tedious to me , that I long for nothing so much as death , and since it is the Queenes pleasure , am mo●● willing to undergoe it . Before she was brought to Execution , her hu●band the Lord Guildford , had made suit , and obtained to see her and have some conference with her ; but she refused it , saying , These were rather augmenters of griefe , then comfort● of death● she made no doubt , but they should shortly meet in a better place , and in a better condition of society : so on the twelfth of February , her husband the Lord Guildford first , and then she an houre or two after , was beheaded within the Tower ; where she acknowledged her selfe to have deserved death , not for seeking the Crown , but for not refusing it , being offered ; and after prayers to God , unclothing her selfe , and putting a Handcarchiffe before her eyes , she laid her head downe upon the blocke , and patiently suffered death , more grievous to the beholders , then to her selfe . This end had the Lady Iane Gray , a Lady of incomparable Pietie ; and ( for her yeers ) of incomparable learning ; for being not past seventeen yeeres of age , she understood perfectly the Greek and Latine tongues , and was so ready in all points of Divinity , as if she knew them by inspiration rather then by instruction ; no lesse a miracle in this kinde then King Edward ; and therefore no mervaile if he appointed her to succeed him in the Kingdome , who in the endowments of minde was so like unto him , that whilest she reigned , it might be thought he continued to reigne himselfe , at lest no more differing but onely the sex . It may not be forgotten , that Judge Morgan , who at her arraignement gave the sentence against her , shortly after fell mad , and in his raving , cried continually to have the Lady Iane taken away from him , and so ended his life . Two dayes after the execution of the Lady Iane , namely the fourteenth and fifteenth of February , twenty paire of Gallowes were set up in divers places of the City , whereon were handed fifty of Wyats faction ; on the eighteenth of February Bret was hanged at Rochester in chaines , Sir Henry● Isle , who had beene taken in an old freeze coat and an old paire of hose , with his brother Thomas Isle and Walter Mantell were hanged at Maidstone , Anthony Knevet and his brother William , with another of the Mantels were executed at Sevenocke ; but then on the twentieth of February a sprinkling of mercy came , for foure hundred of Wyats followers , being brought before the Queene with halters about their necks , were all pardoned and set at liberty . But then severity soone after began againe , for on the three and twentieth of February the Lord Henry Gray Duke of Suffolke , and Father to the Lady Iane , who the weeke before had been attaigned and condemned , was on the Tower-hill beheaded , and on the eleventh of Aprill , in the same place was beheaded ( the Author of all this mischiefe ) Wyot himselfe , whose quarters were set up in divers places of the City , his head upon the Gallowes at Hay-hill , besides Hide Parke . This man , in hope of life , having before accused the Lord Courtney and the Lady Elizabeth the Queenes sister● to be privie to his conspiracy , yet at his death he cleered them , and protested openly , that they were altogether innocent , and never had been acquainted with his proceedings . Yet was this matter so urged against them by Stephen Gardiner , Bishop of Winchester and Lord Chancellour , that both of them in March before had beene committed to the Tower , though in May following they were both againe released , but yet confined , the Lady Elizabeth to Woodstocke , under the custody of Sir Henry Beningfield of Oxenborough in the County of Norfolke ; the Lord Courtney to Foderingham , under the custody of Sir Thomas Tres●am , who after some time was set at liberty , and going into Italie there dyed . It is memorable , what malice this Bishop Gardiner bore to the Lady Elizabeth , by whose onely procurement , not onely she was kept i● most hard durance , but a Warrant was at last framed under certaine Councellours hands , to put her to death , and had beene done , but that Master ●ridges L●ev●enant of the Tower , pitying her case , went to the Queene to know her pleasure , who utterly denied that she knew any thing of it ; by which meanes here life was preserved . Indeed the Bishop would sometimes say , how they cut off boughes and branches , but as long as they let the root remaine , all was nothing : and it is not unworthy the remembring what ●raines were laid to ens●are her . The common net at that time for catching of Protestants , was the Reall Pres●nce , and this net was used to catch her ; for being asked one time , what she thought of the words of Christ , This is my Body ; whether she thought it the true body of Christ , that was in the Sacrament . It is said , that after some pawsing , she thus answered : Christ was the Word that spake it : He tooke the Bread , and brake it : And what the Word did make it , That I beleeve , and take it . Which though it may seeme but a slight expression , yet hath it more solidnesse then at first fight appears ; at lest it served her turne at that time to escape the net , which by direct answering she could not have done . On the seventeenth of Aprill Thomas Lord Grey , the Duke of Suffolkes brother was beheaded , the last , and indeed the lest in delinquency , that suffered , for having any hand in Wyats conspiracy . There remained yet a fagge end , and was indeed but a fagge end , as nothing worth ; for on the same day Sir Nichol●s Thr●gmorton , being accused to have beene a party in Wyats conspiracy , was at the Guild-hall arraigned before Sir Thomas White Lord Maior , the Earles of Shrewsbury and Derby , Sir Thomas Bromley Lord chiefe Justice of England , Sir Nicholas Hare Master of the Roles , Sir Francis Englefield Master of the Wards , Sir Richard Southwell and Sir Edward Walgrave Privie Councellours , Sir Roger Chomley , Sir William Portman one of the Justices of the Kings Bench , Sir Edward Sanders one of the Justices of the Common Pleas , Master St●●ford and Master Dyer Serjeants at Law , Master Edward Griffin Atturney ge●erall , Master Sendall and Peter Titch●orne Clarkes of the Crowne , where the said M●ster Nicholas Throgmorton so fully and discreetly answered all objections brought against him , that he was found by the Jurie , Not Guilty , and was cleerly acquitted , but the Jury notwithstanding was afterward troubled for acquitting him , and sent prisoners , some of them to the Tower , and some to the Fleet , and afterward fined to pay a thousand makes a peece at lest , and some 2000. l. though these sums were afterward something mitigated . More of Wya●s complices had beene taken , arraigned and adjudged to dye , but in judgement the Queene remembred mercy , and gave them their Pardon ; of which number were Master Rudston of Kent , Sir Iames a Crofts , the Lord Iohn Gray brother to the Duke of Suf●olke , and some others . About this time , a little before and after , were advancements in honour , the Lord William Howard , Lord Admirall of England , was created Baron Ho●ard of E●●ingham , Sir Iohn VVilliams was created Baron of Tames , Sir Edward North was created Ba●on of Chartleigh , Sir Iohn Bridges was created Baron Chandowes of Sudeley , Gerrard Fitz Garret was created Earl of Kildare and B●ron of Ophelley , and not long after Sir Anthony Browne Master of the Horse , was created Viscount Mountag●● . It is scarce worth remembring , that in the end of this fir●● yeer of ●he Queens reign● , one Elizabeth Cro●t , a wench of eighteen yeeres old , was by pr●ctice put into a Wall , and thereupon called the Spirit in the Wall , who with a whistle made for the purpose , whistled out many seditious words against the Queene , the Prince of Spaine , the Masse , Confession , and such other Points ; for which she did Penance , standing upon a skaffold at Pauls Cro●●e all the Sermon time , where she made open confession of her fault . There had beene good store of Laymens blood shed already , and now the times is comming to have Clergie mens shed , and for a preparative to it , on the tenth of Aprill , Cranm●r Archbishop of Canterbury , Nicholas Ridley la●e Bishop of London , and Hugh Latimer late Bishop of Worcester , are conveyed from the Tower to Oxford , there to dispure with Oxford and Cambridge men in points of Religion , but specially of the Eucharist ; the Oxford men were Cole , Cha●scy , Pye , Harpsefield , Smith and Doctor Weston Prolocurour : the Cambridge men Young , Seaton , Watson , Atkinson , Fecknham and Sedgewicke : the Disputation ended , which ( we may well thinke , as the matter was carried ) went against the prisoners ; on the twentieth of Aprill they were brought again on the Stage ; and then demanded , whether they would persist in their opinion , or else recant ; and affirming they would persist , they were all three adjudged Hereticks , and condemned to the fire ; but their execution we must not looke for till a yeere or two hence ; but in the meane time we have Iohn Rogers , the first Martyr of these time , burnt at London the fourth of February ; after whom the ninth of February , Iohn Hooper late Bishop of VVorcester , burnt at Glocester ; after him , Robert Ferrar Bishop of Man , burnt at Carmarden ; after him Iohn Bradford , with many others ; and then the two famous men Ridley and Latimer , no lesse famous for their constant deaths , then their religious lives , both burnt at Oxford the sixteenth of October . This rising of VVyat had beene a Remora to the Queenes marriage , and now to avoid all such obstacles hereafter , the Queen in Aprill called a Parliament ; wherein were p●opounded two things ; one for confirmation of the Marriage , the other for restoration of the Popes Primacie . This latter was not assented to , but with great difficulty ; for the six yeers reigne of King Edward had spred a plantation of the Protest●nt Religion , in the hearts of many ; but the Proposition for the marriage was assented to readily , but yet with the adding of some conditions , which had no● beene thought of in the former Articles : First , that King Phillip should admit of no Stranger in any Office , but onely Natives● secondly , that he should innovate nothing in the Lawes and Customes of the Kingdome . Thirdly , that he should not carry the Queen out of the Realme , without her consent , nor any of her children without consent of the Councell . Fourthly , that surviving the Quee● , he should challenge no right in the Kingdome , but suff●r it to descend to the next heire . Fiftly , that he should carry none of the Jewels of the Realme out of the Kingdome , nor suffer any Ships or Ordnance to be removed out of the Realme : and lastly , that neither directly nor indirectly , he should cause the Realme of England to be intangled with the warre betweene Spaine and France . All things being thus agreed on , the Earle of Bedford Lord Privie Seale , the Lord Fitzwaters , and divers other Lord● and Gentlemen , are sent into Spaine to fetch over Prince Phillippe , who arrived at Southampton the twentieth of Iuly in the yeere 1554. and the three and twentieth came to VVinchester , where the Queene met him , and the five and twentieth , the marriage betweene them there was openly solemnized : ( the desparity of yeeres , as in Princes , not much regarded , though he were then but seven and twenty yeeres of age , shee eight and thirty ) at which time , the Emperours Embassadour being present , openly declared ; that in consideration of that mariage , the Emperour had given to Prince Phillippe his sonne , the Kingdomes of Naples and Hierusalem ; and thereupon ( the solemnity of marriage being ended ) Garter King of Heraulds openly in the Church , in the presence of the King , the Queene , and the Lords both of England and Spaine , solemnly proclaimed , the title and stile of these two Princes , as followeth : Phillip and Mary by the grace of God King and Queen of England , France , Naples , Hierusalem , and Ireland , Defenders of the Faith , Princes of Spaine and Scicily , Archdukes of Austria , Dukes of Millany , Burgandy , and Brabant , Counts of Habspurge , Flanders and Tyroll . After this the King and Queene by easie journeys came to Winsor Castle , where the King was instal'd Knight of the Garter , and the Earle of Sussex with him : The eleventh of August they removed to Richmond , the seven and twentieth to Suffolk-place in Southwark , and the next day to London ( where the stately shews that were made , may well enough be conceived without relaring ) from hence after foure dayes they removed againe to Richmond , where all the Lords had leave to depart into their Countries , and indeede so many departed , that there remained not an English Lord at the Court , but the Bishop of Winchester : from Richmond they removed to Hampton-court , where the Hall door within the Court was continually kept shut , so as no man might enter unlesse his errand were first known , which might perhaps be the fashion of Spain , but to Englishmen seemed very strange . About this time Cardinall Poole , sent for by the King and Queene , came over into England ; and had come sooner , but that the Emperour fearing he might prove a corrivall with his sonne Phillip , had used meanes to stop his passage , but now that his Sonnes marriage was past , he was content to let him passe , who though he came from Rome with the great authority of a Legat ● Latere , yet he would not but come privately into London , because his Attaindour was yet upon Record ; an Act therefore was presently passed to take it off , and to restore him in blood ; for passing of which Act , the King and Queene in person came to the Parliament house ; whither a few dayes after , the Cardinall came himselfe , which was then kept in the great Chamber of Whitehall , because the Queen by reason of sicknesse , was not well able to goe abroad ; and here the King and Queene sitting under the cloath of Estate , and the Cardinall on their right hand , all the Lords , Knights and Burgesses being present , the Bishop of VVinchester Lord Chancellour , made a short speech unto them ; signifying the presence of the Lord Cardinall , and that he was sent from the Pope as his Legate a Latere , to doe a worke tending to the glory of God , and the benefit of them all ; which ( saith he ) you may better heare from his own mouth . Then the Cardinall rose up , and made a long solemne Oration , wherin he first thanked them for his restoring , by which he was enabled to be a member of their society ; then exhorting them to returne into the bosome of the Church , for which end he was come ; not to condemne , but to reconcile ; not to compell , but to call and require ; and for their first worke of reconcilement , requiring them to repeale and abrogate all such Lawes as had formerly beene made in derogation of the Catholicke Religion . After which Speech , the Parliament going together , drew up a Supplication , which within two dayes after they presented to ●he King and Queene ; wherein they shewed themselves to be very penitent for their former errours , and humbly desired their Majesties to intercede for them to the Lord Cardinall and the See Apostolicke , that they might be Pardoned of all they had done amisse , and be received into the bosome of the Church ; being themselves most ready to abrogate all Lawes prejudiciall to the See of Rome . This Supplication being delivered to the Cardinall , he then gave them Absolution , in these words ; Wee , by the Apostolicke authority given unto us , by the most Holy Lord Pope Iulius the third ( Christs Vicegerent on Earth ) doe Absolve and deliver you and every of you , with the whole Realme and Dominions thereof , from all Heresie and Schisme , and from all Judgements , Censures and Paines for that cause incurred , and also Wee doe restore you againe , to the unity of our Mother the holy Church , The report hereof comming to Rome , was cause that a solemne Procession was made , for joy of the conversion of England to the Church of Rome . And now the Queene had a great desire to have King Phillip crowned , but to this the Parliament would by no meanes assent . In October this second yeere of her reigne , a rumour was spread of the Queenes being with childe , and so forward that she was quicke ; and thereupon were Lettes sent from the Lords of the Councell : to Bonner Bishop of London , that Prayers of Thanksgiving should be made in all Churches ; and the Parliament it selfe was so credulous of it , that they entred into consideration of the education of the childe , and made an Act ; desiring the King ( our of 〈◊〉 confidence they had in him ) that if the Queene should faile , he would be pleased ●o take upon him the Rule and Government of the childe ; but after ●ll this , in Iune following , it came to be knowne , that it was but a Tympany , ●r at lest the Queene so miscarried , that there came no childe , nor the Queene likely ever after to have any . But howsoever , in hope of the joy that was expected ; in Ianu●ry of this yeere , divers of the Councell , as the Lord Chancellour , the Bishop of Elye , the Lord Treasurour , the Earle of Shrewsb●ry , the Controlour of the Queens house , Secretary Bourne and Sir Richard So●thwell Master of the Ordinance , were sent to the Tower , to discharge and set at liberty a great part of the Prisoners in the Tower ; as ●amely , the late Duke of Northumberlands sonnes , Ambrose , Robert and Henry , also Sir Andrew Dudley , Sir Iames Cro●ts , Sir Nicholas Throgmorton , Sir Iohn Rogers , Sir Nicholas Arnold , Sir George Harper , Sir Edward Warner , Sir William Sentlow , Sir Gowen Carow , William Gybbs Esquire , Cutbert Vaughan , and some others . About this time , one William Fetherstone , a Millers sonne , of the age of eighteene yeeres , named and bruted himselfe to be King Edward the sixth ; for which being apprehended and examined , he answered as one lunaticke ; and thereupon was whipped at a Carts ●ayle , and banished into the North ; but the yeere after , spreading abroad againe , that King Edward was alive , and that he had talked with him , he was arraigned and condemned of treason , and at Tyburn hanged and quartered . In the moneth of March , the Queene was taken with a fit of Devotion , and thereupon called unto her foure of her Privie Councell , namely , William Marquesse of Winchester Lord Treasurour , Sir Robert Rochester Comptrolour , Sir William Peter Secretary , and Sir Francis Englefield Master of the Wards , and signified unto them , that it went against her conscience , to hold the Lands and Possessions as well of Monasteries aud Abbeys as of other Churches , and therefore did freely relinquish them , and leave them to be disposed , as the Pope and the Lord Cardinall should thinke fit ; and thereupon charged them to acquaint the Cardinall with this her purpose . A●d shortly after in performance hereof , Iohn Fecknam late Deane of Pauls , was made Abbot of Westminster , and had possession delivered him , and with him fourteen Monkes received the Habit at the same time : and on the twentieth of November , Sir Thomas was instituted Lord of Saint Iohns of Hierusalem , and was put in possession of the Lands belonging unto it . And when it was told her● that this would be a great diminution of the Revenues of her Crowne ; she answered , she more valued the salvation of her soule , then a thousand Crownes : a most religious speech , and enough , if there were but this , to shew her to be a most pious Prince . The fourth of September this yeer , King Phillip waited on with the Earle of Arundell Lord Steward , the Earle of Pembrooke , the Earle of Huntington and others , went over to Callice , and from thence to Brussels in Brabant , to visit the Emperour his Father ; who delive●ing him possession of the Low Countries , in March following he returned into England ; but then , on the sixth of Iuly following , by reason of wars with France , he passed again over to Callic● and so into Flanders , from whence he returned not till eighteene moneths after ; which made great muttering amongst the common people , as though hee tooke any little occasion to be absent , for the little love hee bore to the Queene . In the third yeere of the Queene dyed Stephen Gardiner Bishop of Winchester at his house in Southwarke ; of whose death it is memorable , that the same day in which Bishop Ridley and Master Latimer suffered at Oxford , he would not goe to dinner till foure a clocke in the a●ternoone , tho●gh the old Duke of Nor●olke was come to dine with him ; the reason was , because he would first heare of their being burnt , and as soon as word of that was brought him , he presently said , Now let us goe to Dinner ; where sitting downe and eating merrily , upon a sudden he fell into such extremity , that he was faine to be taken from the Table and carried to his bed , where he continued fifteen dayes , without voyding any thing either by urine or otherwise , which caused his tsongu to swell in his mouth , and so dyed ; after whose death , Nicholas Heath Archbishop of Yorke was made Lord Chancelour . And now comes the time of Archbishop Cranmers execution , who the yeere before had beene condemned and degraded by Commission from the Pope ; after which , being by the subtiltie of some , put in hope of life , out of frailty , he subscribed to a Recantation , which yet did him no good ; for whether it were , that Cardinall Poole would no longer be kept from being Archbishop ( which he would not be as long as he lived ) or that the Queen could ●ot be gotten to forget , his being the chief instrument of her Mothers di●orce ; his ex●cution was resolved to be the 14. of Febr. in the same place at Oxford where Ridley and Latimer five month before had bin : before the execution D●ct . ●●le preached , who to make use of Cranmers Recantation , told the people , they doe well to harken to this learned mans confession , who now at his death , and with his death wold testifie which was the true religion , never thinking that Cranmer wold ha●e denied his former Recantation ; but Cranmer being brought to the stake ( contrary to expectation ) acknowledged , that through frailty he had subscribed it , praying God hartily to forgive it ; and now for a punishment , that hand which had done it should first suffer , and therewithall thrusting his right hand into the fire , he there held it , till it first and then his whole body was consumed ; onely ( which was no small miracle ) his heart remained whole and not once touched with the fire . The same yeer also , no fewer then 84. of both sexes were burnt for Religion ; and it was a cruelty very far extended , that the bones of Bucer and Ph●gi●● some time before dead and buried , were taken up and publikely burnt in Cambridge . No sooner was Cranmer dead , but the very same day was Cardinall Poole made Archbishop of Canterbury . In the fourth yeere of the Queene , exemplar Justice was done upon a great person ; for the Lord Sturton , a man much in the Queens fa●our , as being an earnest Papist , was for a murther committed by him , arraigned and condemned , and he with foure of his servants , carried to Salisbury , was there in the Market-place hanged , having this favour to be hanged in a silken halter , his servants in places neere adjoyning to the place where the Murther was committed . The foure and twentieth of Aprill , Thomas Stafford second son to the Lord Stafford , with other , to the number of two & thirty persons ( set on by the French King ) attempted to raise Sedition against the Queen , for marrying with King Phillip , and comming out of France , arrived at Scarborough in Yorkeshire , where they tooke the Castle , but within two dayes were driven out by the Ea●le of VVestmerland , and then taken and arraigned : the eight and twentieth of May Stafford was beheaded on the Tower-hill , and the next day three of his associates Strelley , Bradford & Proctor were drawn from the Tower to Tyburne and there executed . The first of May Thomas Percy was first made Knight , after , Lord , and the next day was created Earle of Northumberland , to whom the Queene gave all the Lands that had bin his Ancestours . At this time the Queene intangled her selfe ( contrary to her promise ) in her husbands quarrell , sent a defiance to the French King , by Clarenti●● king at Armes ; and after on the Munday in Whitsonweeke , by sound of trumpet , proclaimed open warre against him in Cheapside , and other places of the Citie ; and shortly after , caused an Army of a thousand Horse , and foure thousand foo● , to be transported over , to the aid of her husband King Phillip , under the leading of the Earle of Pembrooke Captain Generall , Sir Anthony Bro●ne Viscount Mountague Lievtenant Generall , the Lord Gray of VVilton Lord Marshall , the Earle of Rutland Generall of the Horse , the Earle of Lincolne Coronel of the Foot , the Lord Ro●ert Dudley Master of the Ordnance , the Lord Thomas Howard , the Lord De la VVare , the Lord Bray , the Lord Chandowes , the ●or● Ambrose Dudley , the Lord Henry Dudley , with divers Knights and Gent●ement ; who joyning with King Phillips Forces , they altogether ●et down before S●int Quint●ns , a town of the French Kings of great importance . To the res●●● whereof , the French King sent an Army , under the leading of the Constable 〈◊〉 France , which consisted of nine hundred men at armes , with as many light 〈◊〉 , eight hundred Reystres , two and twenty Ensignes of Lancequene●s , and 〈◊〉 Ensigns of French footmen ; their purpose was not to give battell , but to 〈◊〉 more succours into the Town ; which the Philippians perceiving , encountred them , and in the ●ight slew Iohn of Burbon Duk of Anghien , the Viscount of T●●rain , the Lo of Ch●denier , with many gentlemen of account ; they took prisoners the Duk of Memorancy Constable of France , the Duk of Montpensyer , Duk Longuevile , the Marshall of Saint Andrewes , the Lord Lewis brother to the Duke of Mantova , the Baron of Curton , the Rhinegrave Colonell of the Almaynes , Monsieur d'Obigny , Monsieur de Biron , and many others ; and then pursuing the victory , under the government of the Earle of Pembrooke , on the seven and twentieth of August they tooke the towne of Saint Qintyns ; in the assault whereof , the Lord Henry Dudley , yongest sonne to the Duke of Northumberland , was with a peece of great Ordnance slaine , and some other of account . The saccage of the Town King Phillip gave to the English , as by whose valour chiefly it was won . The joy was not so great for this winning of Saint Qintyns , but there will be greater sorrow presently for other losses . Many of the Garrison of Callice had beene drawne from thence , for this service of Saint Quintyns , and no new supply sent , which being perceived by the French King , a Plot is laid how to surprize it , which yet was not so secretly carried , but that the Officers of Callice had intelligence thereof ; who thereupon signified it to the Councell of England , requiring speedy succours , without which , against so great an Army as was raisd against them , they should not be able to hold out . But whether they gave no credit to their relations , or whether they apprehended not the danger so imminent as indeed it was , they neglected to send supplies till it was too late . For the Duke of Guyse , with no lesse speed then Policie , tooke such a course that at one and the same time , he set both upon Newnambridge and also Ricebanke , ( the two maine Skonces for defence of the Towne , ) and tooke them both , and then fell presently to batter the Wals of the Castle it selfe , and that with such violence of great Ordnance , that the noyse was heard to Ant●erp● , being a hundred miles of . But having made the wals assaultable , the English used this stratagem , they laid traines of Powder to blow them up , when they should offer to enter , but this stratagem succeeded not ; for the French in passing the Ditch , had so wet their cloathes , that dropping upon the traine , the Powder would take no fire , ( so all things seemed to concurre against the English ) and thereupon the Castle was taken also , and with it the Towne also had beene taken , but that Sir Anthony Ager , with the losse of his owne life and his eldest sonnes , valiantly defended it , and for that time repelled the French , but their numbers increased so fast upon the Towne , that the Lord Wentworth the Deputy , seeing no other way of safty , demanded Parlee , where a composition was made , that the Towne should presently be yeelded to the French King , the lives of the Inhabitants onely saved , with safe conduct to passe away , saving the Lord Deputy with fifty other , such as the Duke should name . And here to be quit with the English for their hard usage at Saint Quintins , the Duke caused Proclamation to be made , that all and every person of the Towne , should bring their money , jewels and plate ; to the value of a groat , and lay it downe upon the high Altar of the Church ; by which meanes an inestimable sum of treasure was there offered , enough ●o enrich an Army , which had before enriched a Towne : and now to make it appeare how unable the Towne was to hold out against so great an Army . It is said , there were in it but onely five hundred souldiers of ordinary , and scarce two hundred more of able fighting men ; but of other people , men , women and children foure thousand and two hundred , all which were suffered to depart , saving the Lord We●tworth the Deputy , Sir Ralph Chamberlaine Captaine of the Castle , Iohn Hu●●ston Captaine of Ricebruke , Nicholas Alex●nder Captain of New●hambridge , Edward Grimston the Controlour , Iohn Rogers the Surveyour , with others to the number of fifty , who were al caried prisoners into France . And thus Callice , which had bin in possession of the English above two hundred yeers , was won from the English in eight dayes , which King Edward the third had not won from the French in lesse then a yeer . The Lord Wentworth was suspected , and in Queen Elizabeths time arraigned for betraying it , was acquitted by his Peeres . Callice thus won , the Duke with his Army marched to Guysnes , five miles distant , whereof was Captaine the Lord Gray of Wilton , who held out the siedge and batteries five or six dayes with so great valour and resolution , that he appeared in nothing inferiour to the Enemy but in multitude , yet a● last overlaid with their numbers , and importunde by his souldiers , much again●● his owne will , he made composition , that the Towne and Castle should be wholly rendered , himselfe and all Officers remaine prisoners , all other to depart with their Armour and Baggage . The Lord Gray afterward ransomed for foure and twenty thousand crownes . And now the Duke of Guise considering that Guysnes would be too costly a Castle to be kept , and too dangerous a neighbour to Callice , if it should be recovered , raced it with the Bulwarkes and Fortifications to the ground . Guysnes thus won , there remained nothing within the English pale , but the little Castle of Hammes , whereof was Captaine the Lord Edward Dudley , who considering that though it were naturally strongly scituate , as being invironed with Fens and Marshes , yet it had but little helpe● by Art of Fortifications , and being assured that the Duke of Guyse would speedily come upon him , he secretly in the night with all his garrison , departed into Flanders , so as the Castle was not won , but taken by the Duke of Guyse ; and with the losse of this Castle , the English lost all their footing in Terra firma , and the Kings of England all the reality of their Title in France , having nothing left but nudum nomen . Presently after this , the French King caused the mariage between his eldest sonne Francis the Dolphin , and Mary Steward sole heire of Iames the fift King of Scotland to be solemnized : whereupon great wars insued soon after between England and Scotland . Queen Mary being infinitely troubled in minde for the losse of Callice , sent presently forth her Admirall the Lord Clinton , with a Fleet of more then a hundred sayle , to recover , at lest reparation in honour , by doing some exploit upon France , who not finding opportunity to set upon Brest , as he was appointed , fell upon the towne of Conquest , which he tooke and bur●t , and also divers Villages thereabouts , and then returned . In which meane time , many great conflicts having been between King Phillip and the King of France ; at last , by mediation of the Dutchesse of Lorraigne , a treaty of Peace is agreed on , where all things seemed to be well accorded , but onely that King Phillip by all meanes required restitution of Callice , to which by no means the French would assent ; but whilst they stood upon these termes , it happened that first the Emperour Charles King Phillips father dyed , and shortly after Queene Mary , and the day after her Cardinall Poole , and shortly after Sir Iohn Baker of Sissingherst in Kent , who had been a Privie Councellour to Henry the eight , Edward the sixth a●d Queen Mary . And so our Story hath no further relation to either War or Peace , between the two Kings of France and Spaine . Of her Taxations . SHEE began with a rare Example ; for in the first yeer of her Reign , wa● pardoned by Proclamation , the Subsidie of foure shillings the pound of Land , and two shillings the pound of goods , granted in the last Parliament of King Edward the sixth . In her second yeer in a Parliament then holden , was granted to the King and Queen , a Subsidie of the Layitie , from five pounds to ten pounds , of eight pence in the pound ; from ten pounds to twenty pounds , of twelve pence in the pound ; and from twenty pounds upwards , sixteen pence in the pound ; all Strangers double ; and the Clergie six shillings in the pound . If this were all , then upon the matter , in all her time , there came to new charge upon her people ; for one Subsidie r●mit●ed and one received , made but even . In her last yeer she borrowed twenty thousand pounds of the City of London , and paid twelve pounds a yeer interest for every ●undred pou●d . Lawes and Ordinances in her time . IN her first yeere , on the fourth of September , were proclaimed certaine new Coynes of gold and silver , a Soveraigne of gold of thirty shillings ; the halfe Soveraigne fifteene shillings ; an Angell often shillings ; the halfe Angell five shillings . Of silver , the groat , the halfe groat and penny ; all these Coynes to be currant as before . In her second yeer , Proclamation was made , forbidding the shooting in Hand-guns and bearing of weapons . The yeer in which she was married to King Phillip , a straight charge was to all Victuallers , Taverners and Alehouse-keepers , that they should sell no Meat nor Drinke nor any kinde of Victuals , to any Serving-man whatsoever , unlesse he brought a testimoniall to shew whole servant he was . Also in a Parliament holden this yeere , amongst other Acts , the Statute Ex Officio , and other Lawes made for the punishment of Heresies , were revived ; but chiefly the Popes Bull of Dispensation of Abbey Land was there confirmed . In her second yeere , on Michaelmas Eeven , the Prisoners that lay in the Counter in Bredstreet , were removed to a new Counter made in Woodstreet , of the Citie Purchase and building ; the which removing was confirmed by the Common Councell of the City . Affaires of the Church in her time . IN the first yeere of this Queenes reigne , all Bishops which had beene deprived in the time of King Edward the sixth , were restored to their Bishopriks , and the new removed ; also all Benefized men that were married , or would not forsake their opinion , were put out of their Livings ; and other of a contrary opinion put in their roomes . Also this yeere , on the seven and tweetieth of August , the Service begun to be sung in Latine in Pauls Church . Also this yeere the Popes authority was by Act of Parliament restored in England ; and the Masse commanded in all Churches to be used . In her second yeer , the Realme is Absolved , and reconciled to the Church of Rome , by Cardinall Poole ; and first Fruits and Tenths are restored to the Clergy : but this was soone revoked , the Councell finding the necessity of it for the Queenes support . In her fourth yeere , Monasteries were begun to be reedified ; of which number were that of Westminster , that of Sheene and Sion , that of the Black-fryers , and the Fryers of Greenwich . Of the number of those that dyed for Religion in her time , there are recorded five Bishops , one and twenty Divines , and of all sorts of men and women , two hundred threescore and seventeene . Workes of Pietie done by her or others in her time . THis Queen restored a great part of Abbey-lands that were in her possession , and if she had lived longer , very likely she would have restored more . In her first yeer , Sir Thomas White then Major , erected a Colledge in Oxford , now called Saint Iohns Colledge , before , Bernard Colledge ; he also erected Schooles at Bristow and Reading , and gave two thousand pounds to the City of Bristow to purchase Lands , the profits whereof to be imployed for the benefit of young Clothiers for ten yeeres , and after that to be imployed in like manner , to the benefit of two and twenty other shires and Cities . In her third yeere dyed Sir Iohn Gresham , late Major of London , who founded a free School at Holt in Nor●olke , and gave to every Ward in London ten pounds , to be distributed to the poore ; also to Maids marriages two hundred pounds . Cutbert Tunstall Bishop of Du●ham , erected a goodly Library in Cambridge , storing it with many excellent both Printed and written Bookes : he also bestowed much upon building at Durham , at Alnewicke and at Tunbridge . Casualties happening in her time . IN her first yeere , on the seven and twentieth of August , the goodliest Ship in England , called The Great Harrye , being of the burthen of a thousand tun , was burnt at Woolwich by negligence of the Mariners . In her second yeer on the fifteenth of February , appeared in the skie a Rainbow reversed , the bowe turned downward , and the two ends standing upward : also two Sunnes shined at one time , a good distance asunder , which were taken for ill signes . This yeere also in the moneth of August , at a place in Suffolke by the Sea side , all of hard stone and pibble , lying betweene the Townes of Oxford and Alborough , where never grasse grew , not any earth was ever seene , there chanced suddenly to spring up without any tillage or sowing , so great abundance of Peason , that the Poore gathered above an hundred quarters , yet there remained some ripe , and some blossoming , as many as were before . In her fourth yeer , hot burning Agues and other strange diseases , tooke away much people ; so as between the twentieth of October and the last of December , there dyed seven Aldermen , namely , Henry Heardson , Sir Richard Dob●s la●e Major , Sir William Laxton late Major , Sir Henry Hobblesterne late Majors , Sir Iohn Champneys late Major , Sir Iohn Aleph late Sheriffe , and Sir Iohn Gresham late Major . In her fourth yeer , before Harvest , Wheat was sold for foure Markes the quarter , Mault at foure and forty shillings the quarter , and Pease at six and forty shillings eight pence ; where after harvest , Wheat was sold for five shillings the quarter , Malt at six shillings eight pence , Rye at three shillings foure pence the quarter . In the Countrey , Wheat was sold for foure shillings the quarter , Mault at foure shillings eight pence , and in some places a bushell of Rye for a pound of Candles , which was foure pence . In her fift yeer , within a mile of Nottingham , so mervailous a tempest of thunder happened , that it beat down all the Houses and Churches in two Towns thereabouts , cast the Bels to the outside of the Church-yard , and some webs of Lead foure hundred foot into the field , writhen as if it had been leather ; the rive● of Trent running between the two Townes , the water with the mud in the bottome was carried a quarter of a mile , and cast against trees ; with the violence whereof the trees were pulled up by the the roots , and cast twelve score off ; also a childe was taken forth of a mans hand and carried two speares length high , and then let fall two h●ndred foot off , of which fall it dyed ; five or six men thereabouts were slaine , and neither flesh nor skin perished ; also there fell some Hale-stones that were fifteen inches about . This yeer also in Harvest-time was great mortality , and specially of Priests , so as many Churches were unserved , and much corne was lost in the field for want of Workmen ; whereupon ensued a great scarcity , so that corne was sold for fourteen shillings a quarter , and Wood sold in London for thirteen shillings a thousand of Billets , and Coles ten pence a sacke . Also this yeer on the last of September , fell so great store rain , that Westminster Hall was full of water , and Boats were rowed over Westminster-bridge into Kings-street . Of her Personage and Conditions . OF her Personage we can make no particular description , only we may say , she was none of the most amiable , but yet without deformity ; but of her Conditions we may say , she was not without deformity , and yet was very amiable . If we account her Religion a deformity , yet her constancy and devotion in it , we must needs count a beauty : if it were a deformity to promise the Suffolke men , not to alter the Religion w●ich King Edward had established , yet it was certainly a Pious dissem●ling , Cretizare cum C●etensibus ; and equivocation ( will some say ) was there a vertue , where she deceived them into truth , and did them good against their wils . And as for her sister Elizabeth , if she did not love her , it was but a quality hereditary in her ; for their Mothers did not love one another before ; and indeed not without some cause in both ; for as those upbraided each others marriage , so these , each others birth . We shall not doe her right , if we deny her to be of a mercifull disposition , seeing oftentimes she pittied the person , where she shed the blood ; she could have found in her heart to have spared the Lady Ianes life , if Ragion di●stato had not beene against it● and she did spare her Father the Duke of Suffolkes life , till his second offence gave her just provocation . The goodnesse of her nature might be seene in the badnesse of her fortune ; who tooke nothing so much to heart , as unkindnesse of friends ; the revolt of Callice , and the absence of King Phillip , being the two chiefe causes that brought her to her end . Of her Death and Buriall . THE conceit of her being with childe , had kept Physitians to looke into the state of her body ; so as her distemper at first neglected , brought her by degrees into a Dropsie , to which was added a burning Feavour , brought upon her by a double griefe ; one for the long absence of King Phillip ( who had now beene away a yeer and a halfe ; ) the other , and perhaps the greater , for the losse of Callice ; as she forbore not to say to some about her , that if they looked into her Heart , being dead , they should finde Callice there . She began to fall sicke in September , and dyed at her Mannour of Saint Iames the seventeenth of Novemb●r , in the ●eer 1558. when she had reigned five yeers four moneths and eleven dayes . Lived three and forty yeers . Her Body was interred in a Chappell in the Minster of Saint Peters Church at Westminster , without any Monument or other Remembrance . Men of note in her time . OF Men of Valour in her time , there were many , as may be seen in the Story of her Re●gne ; but to name some for example , there was William Herbert Earle of Pembrooke , the chiefe assistant of King Phillip in the winning of Saint Quintins ; there was William Lord Gray of VVilton , Captain of Guysnes , who though he yeelded the Town , yet more out of tendernesse to his Souldiers , then out of feare of his Enemies , which he would never else have yeelded up ; and to speake of one of a meaner ranke , there was Sir Anthony Ager , who in defence of the Town of Callice lost his life , but not till he made the Enemie turne their backes and flye . O● learned men also there were many , as Iohn Rogers borne in Lancashire , who Translated the Bible into English with Notes , Richard Moryson Knight , borne in Oxfordshire , who wrote divers Treatises , Robert Record a Doctor of Physicke , who wrote a Booke of Arithmaticke , C●●bert Tunstall , of a worshipfull Family in Lancashire , though base borne , who●e Ancestours came into England with the Conquerour , as his Barbour , and ●herefore hath three Combs his Armes ; Bishop first of London , and after of D●●ham , who wrote divers learned Workes : Richard Sampson , Bishop of Coventry and Lichfield , who wrote certaine Trea●●ses : Luc●s Shephea●d borne a● Colechester in Essex an English Poet : Iane Dudley , daughter ●o Henry Gray Duke of Suffolke , wrote divers excellent Treatises : VVilliam Thomas a VV●lshman , who w●ote the History of Italie , and other things : Iames Brookes and Iohn Standish , both of them writers in defence of the Popes Doctrine : VVilliam Peryn a black Fryer , who wrote in defence of the Masse , and also divers Sermons : Henry Lord Stafford , sonne to Edward Duke of Buckingham , who amongst other things which he wrote , Translated a Booke out of Latine into English , intituled Differentia● which Booke ( as some thinke ) was first compiled by Edward Foxe Bishop of Hereford : Iohn Hopkins who translated divers of Davids Psalmes into English Meeter , which are to be found amongst those appointed to be sung in the Church . THE RAIGNE OF Queen Elizabeth . QUeen Mary dying on Thursday the seventeenth of November , in the Yeer 1558 , her sister , the Lady Elizabeth , of the age of five and twenty yeers , the onely surviving childe of King Henry the eighth , by undoubted Right , succeeded Her in the Crown ; which happened in a time of Parliament : Nicholas Heath , Arch-bishop of York , and Lord Chancellor , sent to the Knights and Burgesses in the Lower House , to repair immediately to the Lords of the Upper House ; to whom he signified , That Queen Mary was that morning dead , and therefore required their Assents to joyn with the Lords in proclayming Queen Elizabeth ; which accordingly was done , by the sound of Trumpet , first at Westminster , and after in the City of London . The Queen was then at Ha●field● from whence , on Wednesday the three and twentieth of November , she removed to the Lord North's house in the Charter-house , where she stayed till Monday the eight and twentieth of November , and then rode in her Chariot thorow London to the Tower ; where she continued till the fifth of December ; and then removed by water to Somerset-House in the Strand ; from whence she went to her Pallace at Westminster ; and from thence , on the twelfth of Ianuary , to the Tower ; and on the fourteenth of Ianuary , to Westminster , to her Coronation● where it is incredible , what Pageants and Shews were made in the City , as she passed : On Sunday the five and twentieth of Ianuary , she was Crowned in the Abbey Church at Westminster , by Doctor Oglethorp , Bishop of Carlile , with all Solemnities and Ceremonies in such case accustomed . At this time , to honour her Coronation , she conferred more Honour , then in all her life after : William Parre , degraded by Queen Mary , she made Marquesse of Northampton ; Edward Seymor , whose father had been Attaynted , she made Earl of Hertford ; Thomas Howard , second son to Thomas Duke of Norfolk , she made Viscount Bindon ; Sir Henry Carie , her Cousin German , she made Baron of Hunsdon ; and Sir Oliver St. Iohn , she made Baron of Bletsho . And now the Queen , though she were her self very wise , yet would not trust ( and it was a great point of wisedome that she would not trust ) to her own wisedome ; and therefore she chose Counsellors to assist her : In which number she took Nicholas Heath , Arch-bishop of York ; William Pawlet , Marquesse of Winchester , L. High Treasurer ; Henry Fitz Alan , Earl of Arundell ; Francis Talbot , Earl of Shrewsbury ; Edward Stanley , Earl of Derby ; Wil. Herbert , E. of Pembroke ; Edw. L. Clinton , L. Admirall ; and William L. Howard of Effingham ; Sir Thomas Cheyney ; Sir William Peter ; Sir Richard Sackvyle ; and Nicholas Wootton , Dean of Canterbury ; all which had been Counsellors to Queen Mary , and were of her Religion : But then to make a counter-poyse of Counsellors of her own Religion , she joyned with them William Parre , Marquesse of Northampton ; Francis Russell , Earl of Bedford ; Sir Thomas Parry ; Sir Edward Rogers ; Sir Ambrose Cave ; Sir Francis Knolles ; and Sir William Cecill , late Secretary to King Edw. the sixth ; and a little after , Sir Nicholas Bacon , whom she made Keeper of the Great Seal . And having thus provided for her State at home , she seeks correspondence with Princes abroad : To the Emperour Ferdinand , she sent in Embassage Sir Tho. Chaloner ; to the King of Spain in the Low-Countreyes the Lord Cobham ; to the Princes of Germany Sir Henry Killigrew ; Sir Aemygill W●ad , to the Duke of Holst ; and another Ambassadour to the King of Denmark . There were also Ambassadours sent to the Pope , to the State of Venice , and to the French King ; with whom at this time there was a Treaty of Peace holden at Cambray , between the Kingdoms of France , England and Spain ; where for England was employed , the Earl of Arundell ; Thursbey , Bishop of Ely ; and Doctor Wootton , Dean of Canterbury ; with whom , William , Lord Howard of Effingham was joyned by a new Commission . As soon as King Philip heard of the death of his wife Queen Mary , pa●●ly out of considerations of State , and partly out of affection of love , he solicited Q. Elizabeth by his Ambassadour , the Earl of Feria , to joyni● Marriage with himself ; which was no more for two sisters to have successively one husband , then was done before , for two brothers to have successively one wife ; and for this he promised to procure a Dispensation from the Pope . To which motion the Queen , though she well knew , That to allow a Dispensation in this case to be sufficient , were to make her own Birth Illegitimate ; yet to so great a Prince , and who in her sisters time had done her many favours , she would not return so blunt an Answer ; but putting the Ambassadou● off for the present in modest tearms : She conceived there would be no better way to take him off clean from further sute , then by bringing in an Alteration of Religion ; which yet she would not do all at once , and upon the sudden ( as knowing the great danger of sudden changes ) but by little and little , and by degrees : as at first , she permitted onely Epistles and Gospels , the Ten Commandments , the Lords Prayer , and the Creed to be read to the People in the English Tongue ; in all other matters they were to follow the Romane Rite and Custome , untill order could be taken for establishing of Religion by Authority of Parliament ; and a severe Proclamation was set forth , prohibiting all Points of Controversie to be medled with : by which means , she both put the Protestants in hope , and put not Papists out of hope . Yet privately she committed the correcting of the Book of Common Prayer , set forth in the English Tongue under King Edward the sixth , to the care and diligence of Doctor Parker , Bill , May , Cox , Grindall , Whitehead , and Pilkington , Divines of great Learning ; with whom she joyned Sir Thomas Smith , a learned Knight : but the matter carryed so closely , that it was not communicated to any , but ●o the Marquesse of Northampton , the Earl of Bedford , and Sir William Cecile . The two and twentieth of March , the use of the Lords Supper in both kindes was by Parliament allowed : The four and twentieth of Iune , the Sacrifice of the Masse was abolished , and the Liturgy in the English Tongue established , though , as some say , but with the difference of six voyces . In Iuly the Oath of Supremacy was propounded to the Bishops and others : And in August , Images were removed out of Churches , and broken or burnt . By these degrees the Religion was changed ; and yet the change , to the wonder of the world , bred no disturbance : which if it had been done at once , and on the sudden , would hardly ; at least not without dangerous opposition , have been admitted . During this time , a Parliament had been summoned to begin at Westminster , upon the fifteenth of Ianuary ; and now the Queen , for satisfaction of the people , appointed a Conference to be held , between the Prelates of the Realm ; and Protestant Divines now newly returned , who had fled the Realm , in the time of Queen Mary : for the Prelates were chosen Iohn White , Bishop of Winchester ; Ralph Bayne , Bishop of Coventry and Lichfield ; Thomas Watson , Bishop of Lincolne ; Doctor Cole , Dean of Pauls ; Doctor Langdell , Arch-deacon of Lewis ; Doctor Harpsefield , Arch-deacon f Canterbury ; and Doctor Chadsey , Arch-deacon of Middlesex : For the Protestant side were appointed , Doctor Scory , Doctor Cox , Doctor Sands , Doctor Whitehead , Doctor Grindall , Master Horne , Master Guest , Master Elmer , and Master Iuell . The place was prepared in Westminster Church ; where , besides the Disputants , were present the Lords of the Queens Councell , with other of the Nobility ; as also many of the Lower House of Parliament . The Articles propounded against the Prelates , and their adherents , were these : First , That it is against the Word of God , and the Custome of the ancient Church , to use a Tongue unknown to the people , in common Prayer , and in the Administration of the Sacraments . Secondly , That every Church hath authority to appoint and change Ceremonies , and Ecclesiasticall Rites , so they be to edification : Thirdly , That it cannot be proved by the Word of God , that there is in the Masse a Sacrifice Propitiatory for the living and the dead . For the manner of their Conference , it was agreed it should be performed in writing ; and that the Bishops should deliver their Reasons in writing first . The last of March was the first day of their meeting ; where , contrary to the Order , the Bishops brought nothing in writing ; but said , They would deliver their mindes onely by Speech : This breaking of Order much displeased the Lords , yet they had it granted . Then rose up Doctor Cole , and made a large Declaration concerning the first Poynt : when he had ended , the Lords demanded if any of them had more to say ; who answered , No : Then the Protestant Party exhibited a written Book ; which was distinctly read by Master Horne . This done , some of the Bishops began to affirm , they had much more to say in the first Article : This again much displeased the Lords ; yet this also was granted them , to do at their next meeting on Munday next : but when Munday came , so many other differences arose between them , that the Conference broke off , and nothing was determined . But in the Parliament there was better Agreement ; for there it was enacted , That Queen Elizabeth was the lawfull and undoubted Queen of England ; notwithstanding a Law made by her Father King Henry the eighth , that excluded both her and her sister Mary from the Crown , seeing , though the Law be not repealed , yet it is a Principle in Law , That the Crown once gained , taketh away all defects . Also in this Parliament , First fruits and Tenths were restored to the Crown ; and the Title of Supreme Head of the Church of England was confirmed to the Queen , with so universall consent , that in the Upper House none opposed these Laws , but onely the Earl of Shrewsbury , and Sir Anthony Brown , Viscount Mountague : and in the Lower House , only some few of Papall inclination , murmured , saying , That the Parliament was packt ; and that the Duke of Norfolk , the Earl of Arundel , and Sir William Cecill , for their own ends , had cunningly begged voyces , to make up their Party . The Supremacie thus confirmed to the Queen , the Oath was soon after tendred to the Bishops and others ; of whom , as many as refused to take it , were presently deprived of their livings . And that we may see , how inclining the Kingdom at this time was to receive the Protestant Religion ; It is said , that in the whole Realm ( wherein are reckoned above Nine thousand Spirituall Promotions ) there were no more that refused to take the Oath , but onely fourscore Parsons , fifty Prebendaries , fifteen Masters of Colledges , twelve Archdeacons , twelve Deans , six Abbots , and fourteen Bishops , ( indeed all that were at that time , except Anthony Bishop of Landaff● as Nicholas Heath Archbishop of York , Edmund Boner Bishop of London , Cutbert Tunstall Bishop of Durham , Thomas Thursby Bishop of Ely , Gilbert Bourn Bishop of Bath and Wells , Iohn Christopherson Bishop of Chichester , Iohn White Bishop of Winchester , Thomas Watson Bishop of Lincoln , Ralph Bayne Bishop of Coventry and Lichfield , Owen Oglethorp Bishop of Carlile , Iames Turbervile Bishop of Exeter , and David Pool Bishop of Peterborough : And with these Doctor Fecknam Abbot of Westminster : All which were at first committed to prison , but soon after delivered to the custody of private friends , excepting those two sawcie Prelates , Lincoln and Winchester , who threatned to excommunicate the Queen . Three onely , namely , Cutbert Scot Bishop of Chester , Richard Pate Bishop of Worcester , and Thomas Goldwel Bishop of Saint Assaph , changed their Religion of their own accord ; as also did certain Noble Personages , namely , Henry Lord Morley , Sir Francis Englefield , and Sir Robert Peckham , ( who had been Privie-Councellours to Q. Mary ) Sir Thomas Shelley , and Sir Iohn Gage . In the seas of the Prelates removed , were placed Protestant Bishops , as Matthew Parker was made Archbishop of Canterbury , ( who was consecrated by the Imposition of the hands of three that formerly had been Bishops ; namely , William Barlow of Bath and Wells , Iohn Scory of Chichester , and Miles Coverdale of Exeter ) and being consecrated himself , he afterward consecrated Edmund Grindall Bishop of London , Richard Cox Bishop of Ely , Edwyn Sands Bishop of Worcester , Rowland Merick Bishop of Bangor , Thomas Young Bishop of Saint Davyes , Nicholas Bullingham Bishop of Lincoln , Iohn Iewell Bishop of Salisbury , Richard Davis Bishop of Saint Assaph , Edward Guest Bishop of Rochester , Gilbert Barkeley Bishop of Bath and Wells , Thomas Bentham Bishop of Coventry and Litchfield , William Alley Bishop of Exceter , Iohn Parkhurst Bishop of Norwich , Robert Horn Bishop of Winchester , Richard Cheyney Bishop of Gloucester , Edmund Scambler Bishop of Peterbo●ough , William Barlow Bishop of Chichester , Iohn Scory Bishop of Hereford , Young Archbishop of York , Iames Pilkington Bishop of Durham , Iohn Best Bishop of Carlile , and William Downham Bishop of Chester . Whilest these things were done in England , the Treaty of peace at Cambray continued still ; Wherein King Phillip stood for the restitution of Calice to the English , as firmly as if it had been his own interest ; and without it would agree to no peace with France : But when by Messages he understood , that his suit for marriage with Queen Elizabeth was rejected ; and that the Protestant Religion was established in the Kingdom , he then left Queen Elizabeth , seeing she would not be his , to her self ; and though he became not presently a Foe , yet he became presently lesse then a Friend , and forbore to do any more good offices in that businesse . Queen Elizabeth thus left to her self , agreed with the French King , to conclude her own peace apart ; and thereupon , Delegates on both sides were appointed to meet at Cambray : For the Queen of England were , Thursby Bishop of Ely , the Lord Williams , the Lord Howard of Effingham , Chamberlain to the Queen , and Doctor Wootton Dean of Canterbury and York : For the King of France were , Charls Cardinall of Lorrain , the first Peer of France , Annas Duke of Memorancy , Iames Albon Lord of Saint Andrews , Iohn Morvilliers Bishop of Orleance , and Claude Aubespine Secretary of the Privie Councel . The Commissioners meeting , the chief point in difference , was the restitution of Calice ; for which , the English Commissioners● by the Q●eens appointment , offered to remit two Millions of Crowns , that by just accompt were due from France to England ; but the Queen was not more desirous to recover Calice , then the French King was to hold it : And thereupon at last , it was concluded , that Calice should remain in possession of the French fo● the term of eight yeers ; and those expired , it should be delivered to the English , upon forfeiture of five hundred thousand Crowns● for which , hostages were given : But all this notwithstanding , though the Conditions were sealed and sworn to , and though hostages were assigned to remain in England , till one or other were performed ; yet all was frustate , and came to nothing . About this time , Henry King of France married his daughter Isabell to Phillip King of Spain , and his sister Margaret to Emmanuel Phylibert Duke of Savoy ; at the solemnity of which Marriages , he would needs be a Tiltor himself ; and thereupon commended the Earl of Montgomery to run against him , who unfortunately breaking his Launce upon the Kings Cuyrasse , a splinter thereof ( his Beaver being somewhat open ) struck him so deep in the eye , that within few dayes he ended his life : After whose death , Francis his son at the age of sixteen yeers , succeeded him in the Crown , having by the marriage of Queen Mary the Title of Scotland , and upon ground thereof laying claim to the Crown of England also , and giving the Arms of England , as properly belonging to him . And now begins the game of Faction to be play'd , wherein the whole estate of Queen Elizabeth lyes at stake , a game that will hold playing the most part of her Reign , and if not play'd well , will put her in jeoparey of losing all , seeing all about her are against her , Phillip King of Spain hath a quarrell to her , for being rejected in his suit ; the King of France hath a quarrell to her in right of his wife , which is now his right . The Que●n of Scots hath a quarrell to her for detaining her Inheritance : The Pope hath a quarrell to her , for excluding his Authority : The King of Sweden hath a quarrell to her , for slighting his son in the way of marriage : And all these being against her , whom hath she of her side , but onely her own Subjects , Papists yesterday , and to day Protestants , who being scarce setled in their Religion , how should they be setled in their Loyalty ? And not being Loyall , where can she finde to cast Anchor for her safety ? But it is a true saying , Nullum numen abest si sit prudentia ; Wisdom is a s●pply for all defects : And indeed , the Queen being very wise her self , and having a wise Councell about her , she passed all these difficulties , though not without danger , yet with little or no hazard . It happened ( if at least it happened , and were not rather plotted of purpose ) that a Reformation of Religion was pretended in Scotland ; but was indeed an incroachment upon the Princes Authority ; for at the preaching of Iohn Knox , and other headstrong Ministers , not onely Images and Altars were cast down and burnt , the Monasteries of Saint Andrews , of Stone , of Stryveling , and of Lynlithew were overthrown ; but it was further put into the heads of the Nobility , that it pertained to them , of their own Authority , to take away Idolatry , and by force reduce th● Prince to the prescript of Laws : Whereupon there was presently a bandying of the Lords of Scotland , against the Queen Dowager , Regent of the Country ; and in this case each of them ●ought for aid ; The Queen Dowager had aid out of France , the Lords of Scotland sent for aid to the Queen of England : But this was matter for consultation ; It seemed a bad Example , for a Prince to give aid to the rebellious Subjects of another Prince . On the other side , it seemed no lesse then impiety , not to give Ayd to the Protestants of the same Religion ; but most of all it seemed plain madnesse , to suffer adversaries to be so neer neighbours , and to let the French nestle in Scotland , who pretend Title to England : upon such like considerations , it was resolved to send them Ayd ; and thereupon an Army of six thousand Foot , and twelve hundred Horse , was sent under the Command of the Duke of Norfolk , the Lord Grey of Wilton his Lievtenant Generall ; Sir Iames a Crofts , Assistant to him ; the Lord Scroop , L. Marshall ; Sir George Howard , Generall of the men at Arms ; Sir Henry Percy , Generall of the Light-horse ; Thomas Huggens , Provost Marshall ; Thomas Gower , Master of the Ordnance ; Master William Pelham , Captain of the Pyoners ; and Master Edward Randoll , Serjeant Major , and divers others . These coming into Scotland , joyned with the Scotish Lords , and set down before Leith , where passed many small skirmishes , many Batteries , and sometimes Assaults : to whom , after some time , a new supply came of above two thousand Foot ; whereof were Captains , Sir Andrew Corbet , Sir Rowland Stanley , Sir Thomas Hesbith , Sir Arthur Manwaring , Sir Lawrence Smith , and others : yet with this new supply there was little more done then before ; many light skirmishes , many Batteries , and sometimes Assaults ; so long , till at last the young French King , finding these broyls of Scotland to be too furious for him to appease , he sent to the Queen of England , desiring that Commissioners might be sent , to reconcile these differences : whereupon were dispatched into Scotland , Sir William Cecill , her principall Secretary , with Doctor Wotton , Dean of Canterbury ; who concluded a Peace between England and France , upon these Conditions , That neither the King of France , nor the Queen of Scotland , should thenceforth use the Arms or Titles of England or Ireland ; And that both the English and the French should depart out of Scotland ; And a generall pardon should be enacted by Parliament , for all such as had been actors in those stirs . This Peace was scarce concluded , when Francis the young King of France died , leaving the Crown to his younger brother Charles , who was guided altogether by the Queen-Mother , and molested with the Civill dissentions between the Princes of Guise and Conde ; for whose reconcilement , the Queen sent Sir Henry Sidney , Lord President of VVales ; and shortly after an Army , under the leading of the Lord Ambrose Dudley , Earl of VVarwick ; who arriving at Newhaven , was received into the Town ; which having kept eleven months , he was then constrayned , by reason of a Pestilence , to surrender again upon Composition , and so returned . About this time when the Parliament was upon dissolving ; it was agreed upon by the House of Commons , to move the Queen to marry , that she might have Issue to succeed her ; to which purpose , Thomas Gargrave , Speaker of the House , with some few other chosen men , had accesse to the Queen who humbly made the motion to her , as a thing which the Kingdom infinitely desired ; seeing they could never hope to have a better Prince , then out of her loyns : Whereunto the Queen answered in effect thus ; That she was already marryed ; namely , To the Kingdom of England : and behold ( saith she ) the Pledge of the Covenant with my husband ; and therewith she held out her finger , and shewed the Ring , wherewith , at the time of her Coronation , she gave her self in Wedlock to the Kingdom : and if ( saith she ) I keep my self to this husband , and take no other ; yet I doubt not but God will send you as good Kings , as if they were born of me ; forasmuch as we see by dayly experience , That the Issue of the best Princes do often degenerate : And for my self , it shall be sufficient that a Marble stone declare , That a Queen having Raigned such a time , lived and dyed a Virgin. Indeed before this time , many Matches had been offered her : First , King Philip : and when he was out of hope of matching with her himself , he then dealt with the Emperor Ferdinand his Unkle , to commend his younger Son Charles , Duke of Austria , to her for a husband . And when this succeeded not , then Iohn , Duke of Finland , second Son to Gustavus King of Sweden , was sent by his father , to solicite for his eldest Brother Erricus● who was honourably received , but the Match rejected . Then Adolphus Duke of Holst , Unkle to Frederick King of Denmark , came into England , upon a great hope of speeding ; but the Queen bestowed upon him the Honour of the Garter , and a yeerly Pension , but not her self . Then Iames Earl of Arran , was commended to her by the Protestants of Scotland ; but neither the man nor the motion was accepted . Of meaner Fortunes there were some at home that pleased themselves with hope of her Marriage : First , Sir William Pickering , a Gentleman of a good House , and a good Estate ; but that which most commended him , was his studiousnesse of good letters , and sweet demeanour . Then Henry , Earl of Arundel , exceeding rich , but now in his declining age . Then Robert Dudley , youngest son of the Duke of Northumberland , of an excellent feature of face , and now in the flower of his age : but these might please themselves with their own conceit ; but were not considerable in her apprehension : they might receive from her good Testimonies of her Princely favour ; but never Pledges of Nuptiall love . About this time the Earl of Feria ( who had married the daughter of Sir William Dormer ) being denyed leave of the Queen for some of his wives friends to live out of England , grew so incensed , that he made means to Pius the fourth , then Pope , to have her excommunicate , as an Heretick and Usurper : but the Pope inclining rather to save then to destroy ; and knowing that gentle courses prevail more with generous mindes , then roughnesse and violence ; in most loving manner wrote unto her , exhorting her to return to the Unity of the Catholike Church ; and as it is said , made her great offers , if she would hearken to his counsell ; Particularly , That he would recall the Sentence pronounced against her mothers Marriage ; confirm the Book of Common Prayer in English ; and permit to her people the use of the Sacrament in both Kindes . But Queen Elizabeth neither terrified with the Earl of Feria's practises , nor allured with the Popes great offers , according to her Motto , Semper Eadem , persisted constant in her resolution , To maintain that Religion , which in her conscience she was perswaded , to be most agreeable to the Word of God , and most consonant to the Primitive Church . Whilst these grounds of Troubles are sowing in England , France , and Scotland , it is not likely that Ireland will lie fallow ; though indeed it be a Countrey that will bring forth Troubles of it self , without sowing : but howsoever , to make the more plentifull Harvest of troubles at this time , Iohn Oneal ( whose father King Henry the eighth made Earl of Tyrone ) to prevent the punishment of a private Out-rage upon a Brother , broke into open Rebellion against the Prince : and though his attempts were maturely made frustrate by timely opposition ; yet this was he that in the beginning of the Queens Raign , sowed the seeds of that trouble in Ireland ; which afterward took so deep root , that till the ending of her Raign it could never thorowly be rooted out : though this man a yeer or two after came into England , and casting himself at the Queens feet , acknowledged his fault , and obtained pardon . The Treaty of Edinburgh should by promise have been confirmed by Francis the French King while he lived : he not having done it , Queen Elizabeth requires his Dowager the Queen of Scots to confirm it : but she solicited often to it by Throgmorton the Queens Ligier in France ; made alwayes answer , She could not do it without the counsell of her Nobility in Scotland : whereupon Queen Elizabeth suspecting that this answer was but to hold her in amuzement , while some mischief was practising against her , sent Sir Thomas Randoll into Scotland , to perswade the Lords there to enter into a League of mutuall amity with her , and other Protestant Princes● and further , by no means to permit their Queen , now a widow , to marry again to any forraign Prince ; for which she alleadged many great reasons . In the mean while , the Queen of Scots , purposing to return into Scotland , sent before-hand D'Oysette a French Lord , to intreat Queen Elizabeth , that with her leave , she her self might passe by Sea into Sco●land , and D'Oysette might passe by Land. But Queen Elizabeth openly denyed both the one and the other , unlesse she would confirm the Treaty of Edinburgh ; saying , It was no reason she should do the Queen of Scots courtesie , if the Queen of Scots would not do her right . The Queen of Scots much troubled with this answer , expostulates the matter with her Ligier Throgmorton , and much complains of the unkindenesse : but in the mean time providing Shipping , she loosed from Calice ; and under covert of a mist , notwithstanding that Ships were laid to intercept her , she arrived safe in Scotland ; where she intreated her subjects in so loving a manner , that she gave great contentment to the whole Kingdom ; as well to the Protestant Party , as the other : and then sent Letters to Queen Elizabeth , proferring all observance and readinesse to enter League with her ; so she might by Authority of Parliament be declared her Successor ; which was but her Right . To this Queen Elizabeth answered , That though she would no way derogate from her Right : yet she should be loth to endanger her own security , and as it were to cover her own eyes with a Grave-cloth while she was alive ; but fell again to her old Admonition , requiring her to confirm the Treaty of Edinburgh : And now to shew the respect she bore her , when her Unkles the Dukes D'A●male , D' Albeufe , and other Lords of France that had brought her home , returned thorow England , she gave them most bountifull and loving entertainment . These two Queens indeed were both of great Spirits , and both very wise ; but these grew such Jealousies of State between them ; ( the Queen of Scots doubting lest Queen Elizabeth meant to frustrate her Succession ; Queen Elizabeth doubting lest the Queen of Scots meant to prevent her succession ) that it kept them more asunder in love , then they were neer in blood , and was cause of many unkinde passages between them : in all which , though the Queen of Scots were a very neer Match to the Queen of England in the abilities of her minde ; yet in the favours of Fortune she was much her inferiour . But now for all the courtesie which Q. Elizabeth shewed to the Queen of Scots Unkles at their returning thorow England , yet new practises were again set on foot against her at Rome ; the Duke of Guise especially labouring to have her be Excommunicate ; but Pope Pius still averse from such roughnesse , meant now to try the Queen another way ; and thereupon sent the Abbot Martinengi● and when he might not be admitted to enter England , then caused the Bishop of Viterbo his Nuntio in France , to deal earnestly with the Queens Ligier Throgmorton , that she ( as other Princes had done ) would send her Orators to the Councell of Trent , which he before had called . But the Queen nothing tender in this point , made peremptory answer , That a Popish Assembly she did not acknowledge to be a Generall Councell ; nor did think the Pope to have any more Right or Power to call it , then any other Bishop . This Answer not only exasperated the Pope , but so alienated also the King of Spain's minde from her , that he was never after so kinde a friend to her as he had been ; and none of her Embassadours ever after had any great liking to be employed to him . And now at this time , as the Abbot Martinengi was the last Nuntio that ever was sent from the Pope into England , so Sir Edward Carne , now dying at Rome , was the last Ligie● that was ever sent to the Pope from the Kings of England . And now Queen Elizabeth knowing well that she had drawn many ill willers against her State , she endeavoured to strengthen it by all the means she could devise : She caused many great Ordnance of Brasse and Iron to be cast ; She repaired Fortifications in the Borders of Scotland ; She encreased the number of her Ships , so as England never had such a Navy before ; She provided great store of Armour and Weapons out of Germany ; she caused Musters to be held , and youth to be trayned in exercises of Artillery ; and to please the people ( whose love is the greatest strength of all ) she gave leave to have Corn and Grayn transported ; and called in all base Coyns and Brasse Money . It was now the Fifth yeer of Queen Elizabeths Raine : when diverse great persons were called in question : Margaret Countesse of Lenox , Neece to to King Henry the eight , by his eldest sister , and her husband the Earle of Lenox , for having had secret conference , by letters with the Queen of Scots , were delivered prisoners to Sir Richard Sackvile , Master of the Rolles , and with him kept a while in custody . Also Arthur Poole and his brother , whose great grand-father , was George Duke of Clarnce , brother to King Edward the fourth : Antony Fortescue , who had married their sister , and other , were arraigned , for conspiring to withdraw themselves to the Duke of Guise in France ; and from thence to return with an Army into Wales ; to Declare the Queen of Scots , Queen of England ; and Arthur Poole Duke of Clearnce ; which particulars they confessed at the Barre , and were thereupon condemned to die ; but had their lives spared , in regard they were of the Blood Royall . Also the Ladie Katherine Grey , daughter to Henry Grey Duke of Suffolke , by the eldest daughter of Brandon● having formerly been married to the Earle Pembrookes eldest sonne ; and from him soone after lawfull divorced , was some yeers after found to be with childe by Edward Seymoure Earl of Hertford : who being at that time in France , was presently sent for ; and being examined before the Archbishp of Canterbury : and affirming they were lawfully married ; but not being able within a limited time to produce witnesses of their marriage ; they were both committed to the Tower : where she was brought to Bed : and after by the Connivence or Corruption of their Keepers , being suffered sometimes to come together : Shee was with childe by him again , which made the Queen more angry then before ; so as Sir Edward Warner Lieutenent of the Tower was put out of his place , and the Earle was fined in the star-chamber , five thousand pounds , and kept in prison nine yeers after . Though in pleading of his Case ; One Iohn H●les argued ; They were lawfull man and wife , by virtue of their owne bare Consent , without any Ecclesicsticall Ceremonie . The Lady a few yeers after , falling through grief into a mortall Sicknesse , humbly desired the Queens Pardon , for having married without her knowledge , and commending her children to her clemency , dyed in the Tower. At this time ( the King being under Age ) dissentions amongst the Peeres grew hot in Erance ; of which there were two Factions ; Both pretending the cause of Religion : of the One the Duke Guise , a Paipst , was Head ; of the other the Prince of Conde a Protestant : but while Delirant Reges Plectunter Achiui : while these Princes are at variance , the people suffer for it : and chiefly , as being under the weaker protection , the Protestant Party : where upon Queene Elizabeth , having well learned the Lesson : Tum tua res agitur , partis cum proximus ardet● and fearing least the flaim of their dissention , might kindle a fire within her owne Kingdome ; sent over Sir Henry Sidney Lord Presiden of Wales into France , to endeavour by all possible means their reconcilement , which when hee could not effect , ( and perhaps it was never meant he should effect it , but onely to see what invitations would be made to the Queen for her assistance ) she thereupon , at the moan of the afflicted Protestants , sent over an Army of six thousand Souldiers , under the Conduct of the Earl of Warwick , in assistance of the Prince of Conde , and other Protestant Lords , who delivered to him the Town of Newhaven , to hold in the King of France his name , untill such time as Calice were restored : But the Prince of Conde marching to joyn with the English Forces , was by the Duke of Guise interrupted and taken prisoner● which had been a great disappointment to the English , but that the Duke of Colin joyned with him , besieged Caen in Normandy , and took it ; toge●her with Bayeux , Faleise , and Saint Lo. The French Hostages that were pledges for the payment of five hundred thousand Cowns , if Calice were not restored , were remaining still in England ; who perceiving there was like to be War with France , prepared secretly to get away ; but being ready to take Shipping , were discovered , and brought back again . In the mean while , the Prince of Conde drawn on with a hope , to marry the Queen of Scots , and to have the chief Government in France , during the Kings Minority , concluded a Peace with the King , and with the Guises ; so as now , all French , as well Protestants as Papists , required to have Newhaven delivered up : But the Earl of Warwick perceiving the ●icklenesse of the French Protestants , First to make su●e to draw him into France , and now upon so slight occasion to require him to be gone , he shutteth all ●rench , both Protestants and Papists , o●t of the Town , and layes hold of their Ships ; the French on the other side make ready to set upon the Town , saying , They fought not now for Religion , but for their Countrey ; wherefore it was meet that both Protestants and Papists should joyn their Forces , seeing they had already concluded a Peace betwixt themselves . And hereupon the Duke of Memorancy sent a Trumpetter to the Earl of Warwick , commanding him yeeld the Town ; who making answer by Sir Hugh Pawlet , That he would never yeeld it without the Queens leave : he thereupon besieged the Town , and with great violence of Battery , sought to get it by force : Which Queen Elizabeth hearing , she sent a Commission to the Earl of Warwick to yeeld it up , if upon honourable Conditions ; which soon after was accordingly done , after the English had held it eleven months ; and then the Earl , without any dishonour for yeelding up a Town , which the Pestilence made him no lesse unwilling then unable to hold , he returned into England : but that which was more dolefull then the losse of Newhaven , he brought the Pestilence with him into England . The recovery of this Town not onely made the French to triumph , but hereupon the Chancellor of France pronounced openly , That by this Warre , the English had lost all their Right to Calice , and were not to require it any more , seeing it was one of the Conditions , That neither of the Nations should make Warre upon the other ; which was the Point stood upon by the King of France and his mother , when Queen Elizabeth sent Sir Thomas Smith to demand Calice to be restored . At this time there were such crosse designes amongst the Princes of Christendome , that a very good Polititian could hardly understand their Ayms . The Duke of Guise being slain in the Civill Warre , the Queen of Scots Dowry was not paid her in France , and the Scots were put off from being the Kings Guard : This exceedingly displeased the Queen of Scots : but then to please her again● and for fear lest hereupon she should apply her self to the friendship of the English , her Unkle the Cardinall of Lorrain solicites her afresh , to marry Charls Duke of Austria , offering her for her Dowry the County of Tyroll . The Queen of Scots , to make use of her Unkles fear , and perhaps to bring Queen Elizabeth into an opinion of depending upon her , acquaints her with this motion , and therein requires her advice . Queen Elizabeth not willing she should marry with any forraign Prince , perswades her to take a husband out of England , and particularly commended to her the Lord Robert Dudley ( whose wife a little before had with a fall broke her neck ) promising withall , that if she would marry him , she should then by Authority of Parliament , be declared her successour , in case she dyed without issue . But when her Unkles and the Queen-Mother were informed of this motion , they so much disdained the Marriage with Dudley , that so she would refuse that Match , and perseverein the friendship of the French , they offered to pay her the Dowry money that was behinde , and to restore the Scots to all their former liberties in France . And as for the King of Spain , he had indeed a Ligier Embassadour here in England ; but rather by way of complement , and to watch advantages , then for any sincere love ; which he began now to withdraw from the English , as suspecting them to intend a Trade to the West Indies . And now the French Protestants may see what they brought upon themselves , by leaving the English at Newhaven , and by trusting to their Country-men the French Papists ; for their peace was but a snare , and the Marriage of Henry of Bourbon , Prince of Navarre , with Margaret of Valois , the French Kings sister , was but a bait to entrap them ; for upon the confidence of this Marriage , being drawn together into Paris , they were the readier for the slaughter ; and a few dayes after the Marriage , which were all spent in Feasts and Masks , to make them the more secure , upon a Watch-word given , the bloody faction fell upon the Protestants , and neither spared age , nor sex , nor condition , but without mercy , and sense of humanity , slaughtered as many as they could meet with , to the number of many thousands . It was now the sixth yeer of Queen Elizabeths Raign , a yeer fatall for the death of many great Personages : First died William , Lord Grey of We●lon , Governour of Berwick , a man famous for his great Services in War : then William , Lord Paget , a man of as great Services in Peace ; who by his great deservings , had wrought his advancement to sundry dignities , and honourable places : and though zealous in the Roman Religion , yet held by Queen Elizabeth in great estimation to his dying day : Then Henry Mannors , Earl of Rutland , descended by his mother from King Edward the fourth : And lastly , Francis the Dutchesse of Suffolk , daughter to Charles Brandon Duke of Suffolk , and mother to Queen Iane. And now Queen Elizabeth finding how fickle the French Protestants had carryed themselves towards her , intended to make a Peace ; and to that end sent Sir Thomas Smith into France , joyning Throgmorton in Commission with him ; and in conclusion a Peace was agreed on ; whereof , amongst other Articles , this was one , That the Hostages in England should be freed , upon the payment of six hundred thousand Crowns : and this Peace was ratified by the Oath both of the Queen of England , and the King of France . About this time the English Merchants were hardly used both in Spain● and in the Netherlands , upon pretence of Civill differences , but indeed out of hatred to the Protestant Religion : whereupon the English removed the seat of their Trading to Embden in Freezland● but Gusman the Spanish Liegier , newly come into England , finding the great dammages that the Netherlands sustained by these differences , endeavoured by all means to compose them ; and thereupon Viscount Mountague , Nicholas Wootton , and Walter Haddon , Master of the Requests , were sent to Bruges in Flanders ; who , after many interruptions , brought the matter at last to some indifferent agreement . It was now the seventh yeer of Queen Elizabeth ; when making a Progresse , she went to see Cambridge ; where after she had viewed the Colledges , and been entertained with Comedies , and Scholasticall Disputations , she made her self a Latine Oration , to the great encouragement of the Schollars , and then returned . Presently after her return● she made the Lord Robert Dudley Master of her Horse , first Baron of Denbigh ( giving him Denbigh and all the Lands belonging to it ) and then Earl of Leicester , to him , and the heirs males of his body lawfully begotten : which Honour was conferred upon him with the greatest State and Solemnity that was ever known . And now Leicester , to endear himself to the Queen of Scots , accused Sir Nicholas Bacon , Lord Keeper , for being privy to the libell of Hales , who affirmed the Right of the Crown to belong to the Family of Suffolk , in case the Queen should die without Issue ; and thereupon was Bacon cast into prison ; till afterward , upon his purgation , and the mediation of Sir William Cecill , he was set at liberty , and restored to his place . And now for a while we must cast our eyes upon Scotland , for that was now the Stage where all the great businesses of State were acted : Matthew Steward , Earl of Lenox , who had marryed Margaret Dowglas , King Henry the eighth's Neece by his eldest sister , had been kept as an Exile in England now twenty yeers ; him the Queen of Scots invites to come into Scotland● under pretence of restoring to him his ancient Patrimony ; but indeed to conferre with him about a Marriage with his son the Lord Darlie , for being reputed heir to the Crown of England , next after her self ; she thought by matching with his son , to strengthen her own title , and to prevent the hope of any other . Queen Elizabeth , upon sute made by his wife , gave the Earl leave to go ; but soon after , suspecting what the Queen of Scots intent was in sending for him , she , to hinder the proceeding , sent Sir Thomas Rand●ll to her , to let her know , That if she proceeded in this Ma●ch , she would exceedingly wrong her self ; for that it was a Match so much disliked by all the English , that she was fain to prorogue the Parliament , lest upon dislike thereof , there should something be enacted against her Right of Succession : But if she would marry the Earl of Leicester , she should then by Parliament be declared her next Heir . Hereupon , in the month of November , the Earl of Bedford , and Sir Thomas Randoll for Queen Elizabeth● the Earl of Murray and Lidington for the Queen of Scots at Barwick , entred into a Treaty concerning the Marriage with the Earl of Leicester . The English Commissioners urged the great benefits that by this Match would accrew both to the Queen of Scots her self , and to the whole Kingdom of Scotland : The Scotish on the other side , urged the great disparagement it would be to the Queen of Scots , if refusing the offers made her of divers great Princes , she should match her self with so mean a person as the Earl of Leicester . This matter held long debate , partly for that the English Commissioners were so appointed by Queen Elizabeth ; and partly for that the Scotish Commissioners had a good minde to hinder her from marrying at all ; and perhaps not the least ; for that the Earl of Leicester , being verily perswaded he should at last obtain Queen Elizabeth her self , by secret Letters warned the Earl of Bedford not to urge the Marriage with the Queen of Scots too far ; and was thought for this cause to favour Darly under hand . The matter being in this manner protracted for two whole yeers together , the Queen of Scots impatient of longer delay , and being resolved in her minde what she would do● used means that the Lord Darly got leave of Queen Elizabeth to go into Scotland for three months onely , under colour to be put in possession of his fathers Lands ( though it be strange , the Queen upon any te●●ms would let him go , if she really intended to hinder the Marriage : but such was the destiny , if there were not a plot in it ) and ●o in Febr●ary he came to Edinburgh ; who being a young man , of not above nineteen yeers of age , of a comely countenance , and most Princely Presence , the Queen of Scots as soon as she saw him , fell in love with him , yet in modesty dissembling it for the present ; she sought to get a Dispens●on from Rome , because of their neernesse in Consanguinity . And now , her inclination being grown so apparent , that there was no concealing it , she sent Lydington to Queen Elizabeth , desiring her consent . But she , through the suggestions of the Earl of Murray , being induced to believe that the Queen of Scots intention was , by this Marriage , to get the Crown of England , and to bring in Popery , entred into consultation with her Privy Councell , what was fit to be done to hinder the Marriage ; who all concluded , that these were the best wayes : First , To have a Company of Souldi●rs levyed for terrour ●ake , about the Borders towards Scotland ; then to commit to prison the Countesse of Lenox , the Lord Darlies Mother ; and to recall from Scotland the Earl of Lenox and his ●on Darly , upon pain of the losse of all their goods in England : then that the Scots , who were known to be averse from the Marriage , should be relieved and assisted : and lastly , That Katherine Grey , with the Earl of Hertford , should be received into some grace ; about whom onely ( it was thought ) the Queen of Scots was most solicitous , as being her Rivall to the English Crown . Hereupon Sir Nicholas Throgmorton was sent to the Queen of Scots , to counsell her in the Queens name , not to proceed in this Marriage ; and to shew her the many inconveniences that would accrew unto her by it . But she returned answer , That the matter was too far passed to be recalled ; and that Queen Elizabeth had no cause to be displeased with i● ; seeing herein she followed her advice , Not to match with ● stranger , but with an English man born . Queen Elizabeth being informed of her answer , calleth home the Earl of Lenox , and the Lord D●rly his son , commanding them upon their Allegiance to return : The Father modestly by Letters excu●eth himself ; the son humbly intrea●eth her not to be a hinderance to his preferment ; which he vows to employ in her Majesties Service to the uttermost of his power . And now , to make him the fitter match for her , the Queen of Scots honoured him first with Knighthood ; then with the Dignities of the Lord Armanack , Earl of Rosse , and Duke of Rothsay ; which Dukedom by Bir●h , pertaineth to the eldest sons of the Kings of Scotland . After this , when he had not been above five months in Scotland , she marryed him , and with the consent of most of the Peers , declared him King. At this , the Earl of M●rray , and other whom he drew to his pa●ty extremely fretted , and fell to moving of turbulent questions , Whether it were lawfull to admit a Papist King ? Whether the Queen of Scots might choose a husband at her own pleasure ? and whether the Peers of the Kingdom might not out of their Authority , impose one upon her ? But howsoever , they raised Arms , and had disturbed the Nuptialls , but that the Queen levyed an Army to encounter them ; with which she pursued them so closely , that they were fain to fly into Engl●●d for protection ; where Queen Elizabeth made no ●cruple to receive them , seeing the Queen of Scots had received Yareby , Sta●don , and Walsh , that were fled out of England ; but the Ea●l of Murray especially , who had alwayes been found addicted to the English. Queen Elizabeth perhaps was not much troubled at this Marriage ; partly as knowing the milde disposition of the Lord Darly , and how little accesse of strength it brought ●o ●he Queen of Scots ; but most of all , 〈◊〉 plain●y ●eeing ●here wo●ld ●●ouble● 〈◊〉 in Scotland upon it ; and the troubles of Scotland would be the q●i●tnes●e of England ; which , as a good Mother of her Co●●●rey , was the ●ark she aymed at : yet she made ● shew of being offended with it ; but rather to co●ceal her aym , then that ●he was offended with it indeed . At this time the Emperour Maximlian sent to Queen Elizabeth his Embassadour , Adam Smiricote , renewing the former sute for his brother Charles of Austria ; for which Marriage the Earl of Sussex was very earnest ; the Earl of Leicester as much against it ; so as it grew to a quarrell between them , and the Court was divided into factions about it : but the Queen , who never liked the dissentions of her Peers ( though it be a Rule with some , Divide , and Raign ) made them friends , at least in countenance . We may now leave Scotland a while , and see the Honour done at this time to Queen Elizabeth , not much inferiour to the Honour done to Solomon by the Queen of Saba ; for now Cecile , the sister of Errick King of Sweden , and wife of Christopher Marquesse of Baden , being great with childe , came from the farthest part of the North ( a long Journey ) thorow Germany , of purpose to see her , for the great fame she had heard of her Wisedom : At her being here , she was delivered of a childe , to whom , in requitall of her kindenesse , Queen Elizabeth was God-mother , and named him Edward●s Fortunatus ; giving to her and her husband , besides Royall Entertainment , a yeerly Pension . At this time also , for the great Fame of her wisedome , Donald mac Carty More , a great Potentate of Ireland , came and delivered up into her hands all his most ample Territories ; and then receiving them again from her , to hold them to him and his Heirs males lawfully begotten ; and for want of such Issue , to remain to the Crown of England . The Queen in requitall , invested him with the honour of Earl of Glenkarne , and Baron of Valence ; and besides many Presents given him , paid the charges of his Journey . It was now the eighth yeer of Queen Elizabeths Raign ; when Sir Nicholas Arnold , a Knight of Gloucestershire , Governing Ireland under the title of a Justice , was called home , and Sir Henry Sidney placed in ●his room . And here by the way it is to be noted , That the Governours of Ireland , after it came under the English , were at first called Justices of Ireland ; afterwards , Lievtenants ; and their Vice-gerents were called Deputies . Afterwards at the Princes pleasure , sometimes Deputies , sometimes Justices , and sometimes Lievtenants ; which last Title , though it be of greatest honour , yet in power is in a manner but the same . Si● Henry Sidney at his coming into Ireland , found the Province of Munster in much disorder● by reason of strife between Gyrald Earl of Desmond , and Thomas Earl of Ormond : whereupon the Queen sending for the Earl of Desmond into England , ordained a new Government in that Province , appointing a President to administer Justice , together with an Assistant on the Bench ; two Lawyers and a Notary : and the first President she made in this place , was Sir William Sent-leger . And now Queen Elizabeth in a Progresse went to Oxford ; where she took pleasure in viewing the Colledges , in hearing Orations , in seeing of Comedies , till the Comedy of Palemon and Arcett turned to a Tragedy , for by the fall of a wall , through the multitude of people that pressed in to see it ; three men were slain . At her coming away , she made an Oration in Latine to the Schollars , a sufficient recompence for all the Orations they had made to her . And this yeer , was a call of seven new Serjeants at Law , who kept their Feast at Grayes Inne in Holborn . Upon the Queens return from Oxford , the Parliament began , where they presently fell upon the m●tter of succession ; and moving the Queen to marry● in which points some went so far , that they spared not to accuse the Queen , as one carelesse of Posterity● to defame Cecill with libells and reproaches , as if he were her Counsello●● in this matter ; but above all , to curse Doctor Huic her Physitian , who was thought to disswade her from Marriage , by reason of I know not what womanish insufficiency . At last in the Upper House it was agreed , That Sir Nich●la● Bacon , Lord Keeper , their Orator , should in all their names beseech the Queen to marry ; and withall , to declare a Successor in the Crown , if she should happen to die without Issue ; for which he gave many reasons , declaring what mischiefs were likely to befall the Kingdom , if she should die before a Successor were designed . But in the Lower House there were some , amongst whom , were Bell and Mou●son ( two Lawyers of great account ) Dutton , Sir Paul Wentwort● , and other , who grew to far higher tearms , disparaging the Queens Authority , and saying , That Princes were bound to designe a Successor ; and that in not doing it , the Queen should shew her self no better then a parricide of her Countrey . The Queen was contented to bear with words spoken in Parliament ; which spoken out of Parliament , she would never have endured : but not willing to expostulate the matter with the whole number , she commanded that thirty of the Higher House , and as many of the Lower , should appear before her , to whom she delivered her minde to this effect ; That she knew what danger hangeth over a Princes head , when a Successor is once declared ; she knew that even children themselves , out of a hastie desire of bearing Rule , had taken up Armes against their own fathers ; and how could better conditions be expected from kindred ? She had by reading observed , That Successors in a collaterall Line , have seldom been declared ; and that Lewis of Orleance , and Francis of Angoulesme were never declared Successors , and yet obtained the Crown without any noyse . Lastly , she said , Though I have been content to let you debate the matter of Succession , yet I advise you to beware , that you be not injurious to your Princes patience . With these and the like reasons she gave so good satisfaction , that they never after troubled her with making any more such motion . And though she consented not in plain tearms to declare a Successor , yet soon after she gave some intimation of it ; for one Thornton , a Reader of the Civill Law in London , who in his Lectures , called the Queen of Scots Right in question , was clapped up in prison for his labour . In the beginning of her ninth yeer , Charles the ninth , King of Fr●nc● , sent his Ambassadour Ramboulet into England to the Queen , with the Robes and Ornaments of the Order of S. Michael , to bestow upon which two of her Nobility she pleased ; and she making choice of the Duke of Norfolk , and the Earl of Leicester , they were by Ramboulet invested with them ; an Honour that had never been conferred upon any English , but only K. Henry the eighth , King Edward the sixth , and Charls Brandon Duke of Suffolk , though afterward prostituted almost to any , without difference . And now to return to the Affairs of Scotland : The nineteenth of Iune last past , the Queen of Scots , in a happy hour , was at Edinborough Castle dilive●ed of a Son , that was afterward Iames the sixth of Scotland , and the first Monarch of Great Britain ; whereof she presently sent word to Queen Elizabeth by Iames Melvyne ; who thereupon sent Sir Henry Killigrew to congratulate her safe deliverance , and her young son , with all demonstration of love and amity . But now the love of the Queen of Scots to her husband the Lord Darly , was not so hot at first , but it was now grown to be as cold ; and she had not heaped honour on him so fast before , but now as fast she taketh them off : for where before in all publike Acts , she had used to place her husbands name first , now she caused it to be placed last , and in the coyning of money began to leave it quite out . This unkindenesse between them was fomented by one David Rizie an Italian , whom the Queen had taken into her service , first , as a Musician , and then taking a liking to him , made him here Secretary for the French Tongue ; by means whereof , he had oftentimes secret conference with her , when the King her Husband might not be admitted . This indignity the King himself , being given to his pleasures of Hunting and Hawking , resented not so much , as some Lords that were his fri●nds ; who told him plainly , That it stood not with his Honour to suffer this fellow to live . By whose instigation the King drawn to plot his death ; One day , taking with him the Earl of Reuven , and other , he rushed into the Queens Chamber at her Supper time , where finding David Rizie at a Cupboord , tasting some meat that had been taken from the Table , he seized upon him , dragged him forth into an outer Chamber , and there murthered him ; the Queen at that time being great with childe , and like by that affright to have miscarryed : But the Fact being done , the King came in to her again , assuring her there was no hurt at all intended to her Person . The man that had animated the King to do this fact , was especially the Earl Murray , of whom it is necessary to say something , because his part will be the greatest of all the Scottish Actions of this time . He was the base sonne of King Iames the fifth , and so the base brother of the Queen ; made at first , Prior of Saint Andrewes : But not liking that Religious Title , he affected rather some Temporall Honour ; which when the Queen , being then in France , denyed him , then in an angry mood returned into Scotland , where , by the advice of Knox , whom he held for a great Patriark , brought the matter so to passe , that in an Assembly of the States , the Religion was altered , and the French were banished out of Scotland . Yet afterward , as soon as the Queen was a Widow , he posted into France , and so insinuated with her , that she created him Earl of Murray , and promoted him to an Honourable Marriage . Being thus exalted , he returned into Scotland ; where , for the further growth of his ambitious designes , he sowed seeds of Sedition , affirming often , what a misery it was to be under the Command of a woman ; and that Royalty was not to be tyed to any Stock or Kindred , but to Vertue onely , whether the parties were legitimaie or no ; by this course making way to the Kingdom for himself . To this end , he used all the mea●s he could to keep the Queen from marrying again ; which when he could not effect , he then sought wayes how to make discord between her and her Husband ; for which cause he had caused the King to murther Rizie . Of the foulnesse of which Fact , when the King had a while grew sensible , he meant to be revenged of Murray , who had counselled him to do it : which Murray understanding , prevented it with causing the like to be done to him , as will presently be seen . For the Queen having been delivered of a Son , and the day appointed for the Christning being come ; where the God-fathers were Charles King of France , and Philibert Duke of Savoy ; Queen Elizabeth being requested to be God-mother , sent thither the Earl of Bedford as her Deputy , and a Font of Massie Gold for a Present , in value 1043 l. but gave him expresse Command , That he should not honour Darly with the Title of King. But before a month or two , after the Christning were passed , The King in a stormy and tempestuous night , was strangled in his Bed , and then cast forth into the Garden , and the house immediately blown up with Gun-powder . The rumour of this murther being spread abroad , the common Fame laid it upon Murray and Morton , and their Confederates ; Murray and Morton upon the Queen : But we must not here give ear to that which BUCHANAN writes ; who to curry favour with the Earl MURRAY , layes most impudent scandalls upon the Queene ; whereof , before his death , he repented himself extremely . The King thus murthered , and the QUEENE left alone to her self , she is counselled to marry with some , that might be able to assist her against all her opposites : IAMES Hepburn Earl of Bothwell being then greatly in her favour , and of great eminencie for his valour : And though he were the man that had acted the murther , yet is he by Murray and his confederates , commended to the Queen ; to which motion , as being destitute of friends , and not knowing whom to trust ; she at last consents , but upon these conditions , That above all things , respect might be had to her yong Sonne ; and that Bothwell might be legally quitted , both from the bond of his former marriage , and also of the Kings murther . Hereupon a course is plotted , by which , Bothwell is called to the Barre ; and Morton being his Advocate , by the Sentence of Judges he is cleerly acquitted . Upon this , he is created Duke of Orken●y , and by consent of many of the Nobility , is marryed to the Queen ; which bred a suspition in many , that the Queen was conscious of the murther , which was the thing that by the marriage they intended : And the suspition once raised , they seek by all means to increase , that they may have the better colour against her ; and so , the very same man who had absolved Bothwell , and consented to the marriage , now takes Arms against her , as a Delinquent in both ; force him to flee , and then seize upon the Queen , whom , cl●d in a very homely garment , they thrust into prison in Loch-levyn , under the custody of Murray's mother , who had been the Harlot of King Iames the fifth ; but boasting her self to have been his lawfull wife , and her son , his lawfull Issue . Queen Elisabeth having at length notice hereof , sent Sir Nicholas Throgmorton into Scotland , to expostulate with the Confederates , touching this insolent usage of the Queen ; and to consult , by what means shee might be restored to her liberty . But Throgmorton coming into Scotland , found the Confederates in more insolent terms then had been reported ; being divided in opinion , what to do with the Queen , some would have her banished perpetually , into England or France ; some would have her questioned before the Judges , committed to perpetuall custody , and her son proclaimed King : others , more inhumane , would have her at once deprived of Princely Authority , of life and all ; and this , Knox and some other Ministers thundred out of the Pulpits . Throgmorton on the other side , alleaged many passages out of the holy Scriptures , touching Obedience to the higher Powers ; maintaining , That the Queen was subject to no Tribunall , but that in Heaven ; That no Judge upon Earth might call her in question ; That there was no Office nor Jurisdiction in Scotland , which was not derived from her Authority , and revokeable at her pleasure . They again opposed the peculiar Right of the Kingdom of Scotland ; and that in extraordinary cases , they were to proceed besides order , taking up Buchanans Arguments ; who in those dayes , by instigation of Murray , wrote that damned Dialogue , De Iure Regni apud Scotos ; wherein , against the verity of the Scottish History , he indeavours to prove , That the People have power , both to create , and to depose their King. After all their debating , all that Throgmorton could get of them , was a Writing without any Subscription , wherein they protested , They had shut up the Queen for no other intent , but to keep her apart from Bothwell , whom she loved so desperately , that to injoy him , she regarded not all their ruines ; willing him to rest satisfied with this Answer , till such time as the rest of the Peers met together . And notwithstanding all he could say , they shut up the Queen daily , in more straight custody , though with tears she besought them to deal more mildly with her , and to let her but once have a sight of her son , which would not be granted her . At last when fair perswasions would not serve to make her freely give over the Kingdom , they threatned to question her openly for incontinent living , for the Kings murder , and for Tyranny , so as through feare of death , they compelled Her , unheard , to set her hand to three Instruments ; In the first whereof , she gave over the Kingdom to her young son , at that time scarce thirteen Months old : In the second , she constituted Murray Vice-Roy during the minority of her son : In the third , in case he refused the charge , these Governours were nominated ; Iames Duke of Chasteau , Herald , Giles Spike Earl of Argile , Matthew Earl of Lenox , Iohn Earl of Atholl , Iames Earl of Mo●ton , Alexander Earl of Glencarn , and Iohn Earl of Mar. And presently she signified to Queen Elizabeth by Throgmorton , that she had made these grants by compulsion through the counsell of Throgmorton , telling her that a grant extorted from one in prison ( which is a just fear ) is actually void and of no effect . Five dayes after the Queen had made this Resignation , Iames the sixth , the Queens Son , was Anointed and Crown'd King , Iohn Knox preaching at the same time ; but a Protestation was then put in by the Hamiltons , that all this ought to be no prejudice to the Duke of Chasteau Herald in his Right of succession against the Family of Lenox ; but Queen Elisabeth had forbidden Throgmorton to be at the Action , that she might not seem by the presence of her Embassador , to approve their proceeding in displacing of the Queen . Fifteen dayes after this transaction , Murray himself returned ou● of France into Scotland , and within three dayes went to the Queen with some other of the confederates , who charged her with many crimes , and wished her if she tendered her Life and Honor , to observe these prescriptions : Not to disturb the peace of the Kingdom , nor desire to be at Liberty , not to stir up the Queen of England , or the King of France to m●le●t Scotland with any War , not to think any more of Bothwells love , or meditate revenge upon Bothwells adversaries . Murray being now proclaimed Regent of Scotland , he bindeth himself under his Hand and Seal to do nothing which shall concerne War or Peace , the Kings Person or his marriage , or the Liberty of the Queen , without the consent of the confedera●es ; and then gives Throgmorton warning by Lyding●on , not to make any further intercession for the Queens Liberty , for that he and the rest had rather run any hazard then to suffer it . Soon after he puts to death Iohn H●pburn , Daglish , and others that were Bothwells servants , for having a hand in the murther of the King : But they ( which he little expected ) when they were at the Gallows , ready to dye , protested before God and his holy Angells , that Bothwell had told them , that Morton and M●rray were the first authors of the murther . They freed the Queen from all suspition , like as Bo●hwell himself being prisoner in Denmark , both living and dying , often protested with deep asse●erations , that the Queen was innocent . And fourteen yeers after , Morton going to execution , confessed that Bo●hwell dealt with him to consent to the murther of the King , which , when he refused utterly unlesse the Queen under her hand writing would allow of it ; Bothwell made answer , that could not be , but the fact must be done without her knowledge . A little before this time , upon one and the same day , dyed two of the Privy Councell , Sir Iohn Mason Treasurer of the Queen● Chamber , a grave and learned man , but a great Usurper and Encroacher upon Ecclesiasticall Livings ; and Sir Richard ●ac●vile Vice-Treasurer of the Exchequer , a man both prudent and provident , and allyed to the Queen by her mother An●e Bol●● . In his room succeeded Walter Mildmay , a man of wisdom and integrity ; In Masons Office came Sir Francis Knowles , who married Katherine Car●e , the daughter of Mary Bolen , the Queens Mothers Sister . It was now the yeer 1567. And the tenth yeer of Queen Elizabeths Raign , when the Earl of Stolberg came into England from the Emperour Max●millian , to treat of the mariage of the Queen with the Archduke Charls upon which very occasion the Queen a little before had sent the E. of Sussex to the Emperor , with the Order of the Garter : But in the Treaty of marriage , there fell out so many difficulties , about Religion , maintenance of the Duke , about the Royall Title , and concerning succession , that after it had been treated of seven whole yeers together , it came at last to nothing , and the Duke not long after marryed Mary daughter to Albert the fifth Duke of Bavaria ; yet both he and the Emperour continued ever after a good correspondence with the Queen . About this time , there came from Iohn Basil Emperour of Russia and Muscovia , Stephen Twerdic● , and Theodore P●gorella , with a Present of rich Furs of Otter , Miniver , and the like , tendering all service and obsequiousnesse to the Queen and the English. The Merchants by vertue of a Grant from Queen Mary , had combined themselves into a Society , which they called the Muscovie Company ; and having large Priviledges granted them from the Emperour , went thither with a Navie yeerly , making a very gainfull Voyage ; but then it proved most gainfull , when for the Queens sake they obtained at the Emperours hands , in the yeer 1569. That none but the English of that Company , should Traffique in the North-parts of Russia . With these Russian Embassadours there returned into England , Anthony Ienkinson , who in his Travels had made curious Observation of Russia , set forth a Geographicall Description of it , and was the first of the English that sailed through the Caspian Sea. And this yeer , the 8. of June , Sir Thomas Sackvile was created Baron of Buckhurst , at Whitehall . We have seen before , the first Act of the Queen of Scots Tragedy : Now comes in the second , having been 11 Moneths kept a prisoner ; at last , by the help of George Dowglas , to whose Brother she was committed , she made escape from Loch-levyn , to Hamiltons castle ; where upon the testimonies of Robert Melvyn , and others , in a meeting of a great part of the Nobility , there was drawn a sentence declaratory , That the Grant extorted from the Queen in prison , ( which is Iustus metus ) was actually void from the beginning . Upon which Declaration , great multitudes ●locked to her , so as within a day or two she had gotten an Army of at least six thousand ; but when they joyned battell with Murray , being but raw and unexpert Souldiers , they were soon defeated . In this case , the Queen sought to save her self by flight , journeying in one day threescore miles , and coming at night to the house of Maxwell Lord Heris , from thence she sent Iohn Beton to Queen Elisabeth with a Diamond Ring , which she had fo●merly received from her , as a Pledge of mutuall Amity ; intimating , that she would come into England , and implore her aid , if her Subjects offered to prosecute her any further . Queen Elisabeth returned answer , that she should expect from her , in abundant manner , all loving and friendly offices . But before the Messenger was returned , she , contrary to the advice of her friends , entred into a small Bark , & with the Lords , Heris , and Flemming , and a few others , landed at Wickinton in Cumberland , neer the mouth of the River of Decwent , the seventeenth day of May ; and the same day wrote Letters to the Queen in French with her own hand , the effect whereof was , That having made an escape from the the hands of her insolent and rebellious Subjects , she was now come into England , upon certain hope of her approved clemencie ; and therefore humbly desiring , she might forthwith be conducted to her presence . Queen Elisabeth sending Letters by Sir Francis Knolles , comforted her , and promised her aid and defence , according to the equity of her cause ; but denyed her accesse , for that she was held guilty of many crimes , giving command to have her brought to Carlile , as a place of better safety . The Queen of Scots receiving this answer , and finding accesse to the Queen denyed her , maketh request again by Letter , that she might have leave , both to unfold the injuries she had received , and to answer the crimes objected , in her own presence ; humbly intreating her , that either she might be admitted to have conference and assistance , or else have free leave to depart out of England , to gain supply elswhere , and not be held a prisoner in the Castle at Carlile● for ●s much as she came voluntarily into England , relying upon her love so often professed . Upon thes● Letters , Queen Elisabeth exceedingly commisera●ed her case , and could have fo●nd in her heart to admit her to her presence , but that her Councellours conceived it to be matter for consultation , what to do in this case . To detain her in England , had many mischiefs attending on it ; to send her into France ; as many ; to send her back into Scotland , many more ; so as in conclusion , the most were of opinion , to have her detained , as one taken by right of War , and not to be dismissed , till she had made satisfaction for assuming the Title of England , and for the death of Darly her husband , who was born one of the Queens Subjects . In this diversity of opinions , Queen Elisabeth out of her own judgement , sent word by Middemore , to the Regent of Scotland , that he should come himself in person , or else depute some fit persons to answer the complaints of the Queen of Scots against him and his confederates , and render sufficient reasons wherefore they had deprived her ; otherwise● she would forthwith dismisse her , and with all the forces she could , settle her in her Kingdom . To this Summons , Murray obeys , and comes to York , the place appointed for this Treaty , accompanied with seven more of his intimate friends , who stood Delegates for the Infant King , namely , Iames Earl of Morton , Ad●m Bishop of the Ork●neys , Robert of Dunferm , Patrick Lord of Lyndsey , Iames Mac-gylly , and Henry ●adinary ; and with these , Lydington the Secretary , and Ge●rge Buchanan . And the very same day came thither Thomas Howard Duke of Norfolk , Thomas Ratcliff Earl of Sussex , and Sir Ralph Saedler a Privie-Councellour , appointed Commissioners for Queen Elisabeth . For the Queen of Scots , ( who took it hainously , that Queen Elisabeth would not hear the caus● h●r self , but refer h●r to Subjects , being an absolute Prince , and not ty●d to their proc●edings ) there appeared Iohn Lesley Bishop of Ross , William Lord Levyng●●on , Robert Lord Boyde , Ga●●● of Kilwynnin , Iohn G●urd●n , and Iames Cock●urn . Being met , Lydingto● turning himself to the Scots , in a wondrous liberty of Speech , gave them this advice , Maturely to consider , what prejudice they should draw upon themselves , by accusing th● Queen of Scots , and calling her Reputation in question publikely before the English , professed enemies of the Scottish Nation . Likewise , wha● account they shall be able to give hereof to the King , when he shall grow to ●iper y●●rs , and shall see what an injury this was to the Kingdom , his Mother , and his own per●on . Wherefor● ( said he ) it seemeth requisite to forbear this businesse al●ogether , unlesse the Queen of England will enter into a ●u●uall league of Offence and Defence , against all those , which under this pretenc● , shall go about ●o molest us . Upon this Speech of his , the D●l●gates of the Que●n of Scots made Protestation , That although it pleased the Qu●●n of Scots , to have the cause between her and her disloyall Subjects , d●●●ted befo●● the English , yet she being a free Prince , and obnoxious to no earthly Prince whatsoever , did not thereby yeeld her self subject to th● Jurisdiction and command of any person . On the contrary , the English pro●est●d , That they did in no wise admi● that Protestation , in pr●judice to the right which the Kings of England have anciently challenged as superiou● Lords of the Kingdom of Sco●land . The day after , the Queen of Sco●s Delegates s●t forth at large the injurious dealing of Morton , Murray , Marre , Gle●car● , 〈◊〉 , and others , against the Queen ; and how they had compelled h●r , for fear of death , to resign her Crown ; which therefore ( they said ) was of no ●or●● . Murray and his confederates make answ●r , That they had done nothing , but by consent of the Peers in Parliament ; and tha● in pros●cu●ing o● Bothwell , the author of the Kings murther , whom the Queen protected ; and as for her resignation , ●hat it was voluntarily and freely done . All this the Queen of Scots Delega●es answered and confuted , affirming in particular , That where there are 100 Earls , Bishops and Barons , ( more or lesse ) that have voices in the Parliament of Scotland , there were not in that tum●ltous assembly they speak of , above four Earls , one Bishop , an Abbot or two , and six Barons ; wherefore their earnest request was , that the Q●een of England would be ●●nsible of these indignities offered her ; and take some course for a speedy rednesse . After this , some new Commissioners from Queen Elizabeth were added to the former , to some of whom , the Queen of Scots took exception ; unlesse the French and Spanish Embassadors might be taken in , and her self admitted into the presence of the Queen and them , publickly to defend her own innocency ; and that Murray might be detained and ●ited , whom she affirmed , she was able to prove to have been the chief Plotter of the murther of her husband Darley . This was held to be a just demand by the Duke of Norfolk , the Earls of Arundell , Sussex , Leicester , and the Lord Clinton : But Queen Elizabeth waxing somewhat angry , openly said , that the Queen of Scots should never want an Advocate as long as Norfolk lived : It was seen here , which is said , that the heart of the King is inscrutable ; for how Queen Elizabeth stood affected in this case of the Queen of Scots , no man could well discern● she detested the insolency of her Subjects in deposing her , and yet gave no assistance to restore her . After long agitation of this businesse , and nothing concluded , Murray a little before his return into Scotland , slyly propounded the mariage of the Queen of Scots to the Duke of Norfolk ; which he with a modest answer rejected as a thing full of danger . But withall , Murray the more to alienate Queen Elizabeths mind from the Queen of Scots , gave ou● , that she had passed away to the Duke of Andyn her Right to the Crown of England , and that the transaction was confirm'd at Rome ; he shewd Letters also which the Queen of Scots had written to some friends whom she trusted ; wherein she accused the Queen for not dealing with her according to promise , and boasted of succours she expected from some others . This last clause something troubled Queen Elizabeth , neither could she conjecture from whence any such succour should come ; seeing both France with the Civill Wars , and the King of Spain in the Low-countries had eno●gh to do at home . But at last it brake out , that one Robert Ridolph a Florentine under the habit of a Merchant in London , was suborned by Pope ●ius the fifth , to make a secret commotion of the Papists in England against the Queen , which he performed indeed with a great deal of secrecy and much cunning ; whereupon the Queen of Scots was removed from Bolton ( a Castle of the Lord Scroops ) where all the neighbouring people were Papists● to Tutbury more toward the heart of the Country , under the custody of George Earl of Shrewsbury . About this time the Guises in France , and the Duke D'Alva in the Low-countries , began to endeavour the utter extirpation of the Protestant Religion . In France the Ministers of the Gospell are commanded within a limitted time to depart the Kingdom ; when Queen Elizabeth forgetting the ●icklenesse of the Protestants at New-haven , once again takes upon her their protection ; supplyes them with two hundred thousand Crowns in money , besides Munition in abundance , and with all humanity receives the French that fled into England ; the rather , for that they made solemn protestation they took not up Arms against their Prince ; but only stood upon their own defence . In the Low-countries likewise , the Duke D'Alva , breathing nothing but slaughter and blood ; made the Dutch come flocking into England as into a Sanctuary , where with all courtesie they were received . And here it will be fit to shew how the War in the Low-countries began first , which was thus : At which time the King of Spain brought in the Spanish Inquisition● a small number of the meaner sort of people , in tumultuous manner● cast the Images out of Churches and brake ●hem in pieces , and although that tumult was soon quieted , yet the King of Spain taking advantage at the rashnesse of a few , to charge the whole Nation with Rebellion : sent amongst them Ferdinando Alvarez , Duke D' Alva , a bloody and fierce man , ( who contrary to the Ordinances and customes of the Country ) took away all authority from the ordinary Courts of Justice ; Erected new consistories ; condemned and put to death the Peers , without tryall by their lawfull Judges ; Placed Garrisons of Spaniards throughout all their Cities and Villages , and by force exacted the twentieth part of the fruits of the Earth , and the tenth of moveables upon every Alienation . At that time , a mighty masse of money borrowed from the Genowayes , and other Italian Merchants was sent out of Spain into the Low-countries , there to be imployed to interest , which being brought by shipping , was pursued by the French ; and forced to fly for succour into the Havens of England , whom the Queen commanded to be succour'd ; as conceiving the money to be the King of Spains as it was given out : But at the same time , Cardinall Odette coming out of France into England , and giving notice to the Queen that the money was not the King of Spains , but belonged to certain merchants of Geneva ; from whence the Duke D' Alva had taken it against their will , with a purpose to imploy it to the ruine of the Protestants ; and information also being given her by one that had a property in the money that it was so● she determined to put in security , and to borrow the money of the merchants her self , which is an usuall thing with Princes when goods are taken in their Ports ; and the King of Spain himself had lately done the like . The Duke D' Alva being informed of this dealing of thee Queens ; by Gerard de Spese the King of Spains Embassador in England ; seizeth presently upon all the goods of the English in the Low-co●ntries , and kept the men prisoners ; The Queen did the like with the Dutch merchants in England , Letters of Mart were granted on both sides , and this grew to such a quarrell between the Nations , that being nourished with other differences afterward , it brought forth in Eighty Eight , that Spanish Invasion , which is , and will be memorable in all future Ages . Upon occasion of this Money detained , certain Peers of England , amongst whom , were the Duke of Norfolk , the Marquesse of Winchester , the Earls of Arundell , Northumberland , Pembroke , Leicester , and others , Accused Sir William Cecill , for sending away money into France , making this their colour , but done indeed out of envying his great favour with the Queen , and suspecting him to incline to the house of Suffolk in the matter of succession . Hereupon they consult sec●etly how to get him be imprison'd ; and Throgmorton ( who envyed him as much as they ) suggesting that if he were once clapp'd up , they might soon find out a way to crush him ; But the Queen ( by what means it is uncertain ) coming to have notice hereof , gave a check to their purpose , and protected Cecill against their combined practises . The Earl Murray being returned into Scotland , makes the Lords believe that he desires a meeting at Edinbourgh , to consult about restoring the Queen to her Liberty ; but as Hamilton Duke of Chasteau Herald ( appointed Vicegerent of the Kingdome by the Queen ) and the Lord Heris were coming thither , he circumvented them , and before any of the rest came cast them into prison ; and forthwith in an open War , oppresseth all her Favourers . It may be thought , the Earl Murray could have been content , the Queen should have been set at liberty ; but that he knew , her liberty could not be without his servitude ; and Queen Elisabeth perhaps would willingly have had her resto●e● to her Kingdom , but that she doubted , her restoring would indanger her own security : And thus , while they regarded their own ends in the first place , and hers but in the second , she had the fortune to be pitied , but not the happinesse to be relieved ; and all she could do her self , was but to tye the knot of her bonds the faster ; if she could have sate still , they would perhaps have loosened of themselves ; but now , the more she stirred , the more she was intangled . And now the Destiny of the Duke of Norfolk began to work : It was in every ones mouth , that the Duke should marry the Queen of Scots ; and it is true , there had been motions made ; but the matter not so forward , as the Voice of the People , which commonly presageth what will follow . It had been motioned to the Duke at York , by the Bishop of Ros●e ; and afterward ( in pretence at least . ) by Murray himself at Hampton-Court ; but the Duke , before he would resolve in the matter , deliberated with the Earls of Aru●dell , Northumberland , Westmerland , Sussex , Pembroke , Southampton , and Leicester himself , who all judged it fit , he should acquaint the Queen with it first , and then leave the matter to her liking . Within a few dayes , Sir Nicholas Throgmorton meeting the Duke in the Pallace at Westminster , advised him , to move the Earl of Leicester himself to embrace the match , seeing he had formerly sued for it ; but if he refused it , then at least to take him along with him , for that himself alone would hereby be able to procure the Queens consent . A day or two after , the Earl of Leicester propounded the matter to the Duke , and then communicateth it to the Earls of Arundell and Pembroke ; who thereupon , together with Throgmorton , wrote Letters to the Queen of Scots , commending the Duke of Norfolk to her for a Husband ; the Duke himself likewise writeth to her , tendering his singular Love and respect unto her . Upon this , Articles are drawn , written with Leicesters own hand , and sent to the Queen of Scots ; to which if she consented , they then promised to procure , that Queen Elisabeth should give her assent , and that forthwith she should be reinvested in her Kingdom , and the Succession of England should be confirmed upon her . Wee may easily believe , the Queen of Scots was not hardly drawn to give consent to her own desire ; but in the mean time , the Duke had imparted to the Lord Lumley the whole proceeding , and had much ado to get the Earl of Leicesters consent , that he might advise of it with some other of his Friends ; yet a little after , he opened the matter to Cecill also . The rumour of this Marriage was soon come to the Queens ears ; which the Duke understanding , hee dealt earnestly with the Earl of Leicester , to have the matter propounded to the Queen out of hand . Leicester makes delayes , and pretends causes to put it off● which Cecill seeing , he adviseth the Duke , to go and acquaint the Queen with it himself . This councell Leicester opposed , promising to open it to the Queen as she went in Progresse . At length , at Farnham , the Duke standing by as the Queen sate at Table , she gave him a tart Admonition , That he were best take heed , upon what pillow he rested his head . After this , at Tichfield , Leicester fell sick , or at least counterfeited ; to whom the Queen coming , and bidding him be of good cheer ; hee with sighs and tears craved pardon for his fault , and unfolded to her the whole story from the very beginning . Whereupon , the Queen called the Duke into the Gallery , reproving him sharply , for going about the Marriage , without acquainting her ; and commanding him , upon his Allegiance , to desist . The Duke made her a free and hearty promise of obedience , and spared not to say ( as if he little regarded the Qu. of Scots ) that his Revenues in England were not much lesse then hers in Scotland ; and that when he was at his house in Norwich , he thought himself in a sort not inferior to some kings : but notwithstanding , finding the Queens anger by her countenance , and perceiving Leicester to be in a manner quite alienated , & most of the Nobility also , as scarcely saluting him when they met him , he grew extremely dejected , and prepared presently to leave the Court , meaning to stay at Norfolk , till by his friends intercession , and his own submissive Letters , the Queens heart might be mollified towards him : Mean while , the Court was suspitously fearfull , lest he should raise Rebellion , and ( they say ) it was concluded , that if he did so , the Qu. of Scots should presently be made away . And now the Duke , who held secret commerce by Letters with the Bishop of Ross , Throgmorton and Leicester ( for they were sent to and fro in bottles ) being examined touching the marriage of the Qu. of Scots , and certain secret conferences with the Bishop of Rosse , confessed most of the Objections , and was thereupon committed to the Tower , under the custody of Sir Henry Nevill ; within two dayes after the Bishop of Rosse likewise is examined , and together with the Florentine Robert Ridolph , is delivered to the custody of Sir Francis Walsingham , the Earl of Pembroke is confined to his house , and examined privately ; but his confession was not committed to writing ; It being his request because he could not write himself . At this time , the rumor of Insurrection in the North , begun in Autumne before , grew very strong , by reason of some frequent meetings of the Earls of Northumberland , Westmerland , and others , who thereupon being upon their Allegiance sent for to repaire presently to the Queen , they make delayes ( for they stayed waiting for supplies , both from the Scots , and from the Duke D'Alva ) when the Earl of Northumberland , doubtfull what to do , was frighted of purpose by his servants , telling him , that men in Arms were neer at hand to apprehend him ; Who thereupon in a tempestuous night , riseth out of his bed , and in great fear gets into his Park at Topcliffe , and the night following to Branspith to the Earl of Westmerlands house , where a great many were met that were acquainted with the Enterprise : Here they brake forth into an open Rebellion , being pressed forward , by one Nicholas Morton a Romish Priest , sent by the Pope to pronounce Queen Elizabeth an Heretick ; and therefore to have utterly lost all Right of Soveraignty : By and by they send forth a writting , wherein they declare that they had taken Arms for no other end , b●t that the Religion of their fore-fathers might be restored , wicked Counsellors removed from the Queen , the Duke of Norfolk , and others of the loyall Nobility relieved , who were now in disgrace ; but towards the Queen , professing themselves most dutifull Subjects ; withall they send Letters to the Papists all the Kingdom over , requiring them to come to their assistance● but they were so far from joyning with them , that many sent both the Letters and the bearers of them to the Queen , and afforded their aides and purposes against them ; no lesse then the best Protestants , even the Duke of Norfolk himself was not backward in it . These Rebells go first to Durham , where th●y tear in pieces all the Bibles and Books of Common Prayer they could finde in Churches of the English tongue : when they had been twelve dayes in Rebellion , they numbered their Army , and could not reckon above 600 horse , and 4000 foot ; wherupon being certainly informed , that the E : of Sussex with 7000 , and the E : of Warwick with 12 , were setting out against them , they betook themselves to Rabie , the chief house of the E : of Westmerl●●d ; going from thence they besieged Bernards castle , which for lack o● provision , was yeelded to them . At which time , being proclaimed Traitors and he●ring afresh of the great forces that were coming against them , th● two Earls with a small company , get presently into Scotland hard by , where the Earl of Northumberland hid himself at Harclow ; in a poor Cottage , amongst the Grayhams ( famous Robbers ) who afterwards betrayed him to the Earl Murray : Westmerland made a shift to get into the Low-Countryes , where he had a slender Pension from the King of Spain , and there lived even to old age . Of the rest , for terrour and examples sake , there were hanged at Durham , threescore and six of the chief ; amongst whom , Plomtree , a noted Priest. At York were executed , Simon Digby , Iohn Fulthrop , Thomas Bishop , Robert Penyman ; and at London a few months after , Christopher and Thomas ; and some other in other places . After this , the heads of the Rebels being convict of High Treason , were proscribed ; namely , Charles , Earl of Westmerland ; Thomas , Earl of Northumberland ; Anne , Countesse of Northumberland ; Edward Dacres of Morton ; Iohn Nevill of Leversege ; Iohn Swinborn , Thomas Markenfield , Egremond Ratcliffe , brother to the Earl of Sussex ; Christopher Nevill , Richard Norton , Christopher Marmaduke , Robert and Michael Tempest , George Stafford , and forty others of good account . Out of the ashes of this Rebellion , a new fire was kindled at Naworth in Cumberland , by Leonard Dacres , second son to the Lord Dacres of Gyllisland ; He was a Party with the Earls in their Rebellion ; but they breaking forth sooner then he expected , and he at that time being at the Court , and there admitted to kisse the Queens hand , tendered his service to go against them ; and to that purpose , was sent home : but in his Journey ( branding himself with a double disloyalty ) he consulted with the Rebels , and encouraged them to go on ; and by vertue of Letters of Credence from the Queen , he surprised the Castle of Greystock , and other houses of the Dacres , and gathered together an Army of three thousand men : But being encountred by the Baron of Hunsdon , after a great fight , wherein , though he were crook-backt , he behaved himself valiantly , he was put to flight , and fled into Scotland , from whence soon after , he passed over into the Low-Countryes , and in great misery and poverty died at Louvayn . But though the Queen were thus entangled with Rebellions at home , yet she was not carelesse of the afflicted Protestants in France ; for she stirred up the Protestant Princes to defend the common Cause ; supplyed them with money , taking in pawn the Queen of Navar 's Jewells ; and gave leave to Henry Champernoon to lead into France a Troop of a hundred Horse , Gentlemen all , and Voluntaries ; amongst whom were Philip Butshed , Francis Barkley , and Walter Raleigh , a very young man , who now began to look into the world . But as the Queen of England assisted the French , so in revenge thereof , the King of France meant to assist the Scots , but that he was taken away by death ; being slain by a shot , at the Siege of S. Iohn D'Angelo . There was at this time a Rebellion in Ireland also , raised by Edmund and Peter , brothers to Boteler Earl of Ormond ; but after many out-rages by them committed : the Earl of Ormond first by perswasions , obtained of them to submit themselves ; and when notwithstanding they were committed to prison , he then obtained of the Queen they should not be called to the Barre , being exceedingly grieved that any of his Blood should be attaynted of Rebellion . The rest of the Rebells were pursued by Sir Humphrey Gilbert , and soon dispersed . And now the Earl of Murray , Regent of Scotland , when he had wrought all things to his hearts desire , and thought himself secure , at Lithquo , riding along the streets , was shot into the belly with a Bullet , beneath the Navill , and there fell down dead . The actor was a Hamilton , who did it upon a private revenge , for that Murray had forced him to part with a piece of Land which he had by his wife ; who thereupon falling Lunatick , he in a great rage committed this slaughter . After Murrayes death , the Countrey being without a Regent , was cause of many disorders . Tho. Carre , and Walter Scot , two principall men amongst the Scottish Borders , and devoted to the Queen of Scots , made In●odes into England ; wasting all places with fire and sword , till by Forces sent out of England ; under the command of the Earle of Sussex , and the Lord H●nsdon , they were defeated . In whose pu●suit , three hundred villages were ●ired , and above fifty Holds were over-turned . For which service the Earl made many Knights , as Sir William Drury , Sir Thomas Manners , Sir George Carie , Sir Robert Constable and others , and then returned . And now to prevent further disorders , the Lords of Scotland being ready to assemble about the election of a new Regent , they asked counsell of Queen Elizabeth in the matter ; but she making answer she would not meddle in it , because she would not be thought to work any thing prejudiciall to the Queen of Scots , whose cause was not yet tried● they created Matthew Earl of Lenox Regent ; which Queen Elizabeth did the better like , as conceiving he could not chuse out of naturall affection , but have a speciall care of the young King being his Grand-childe . But while Queen Elizabeth favoured the Kings Party in Scotland , the Earl of Hun●ley , the Duke of Castle-H●rald , and the Earle of Argyl● , ( the Queen of Scots Li●u●enants ) imploy the Lord Seton to the Duke D'Alva , Requiting him for many great reasons , to vindicate the Queen of Scots liberty alleadging how acceptable a work it would be to all Christian Princes and to the whole Catholike Church : whereunto the Duke made answer ; They should finde him ready to the uttermost of his power to satisfie their Request . At which time also the French King dealt earnestly with Queen Elizabeth to the same purpose ; and the Spanish Embassadour in his masters name urged it no lesse extremely ; but Queen Elizabeth assaulted with all these Importunities , made answer , That as she would omit nothing that might serve for the Reconciling of the Queen of Scots and her subjects , so sh● must have leave to provide for her own and her subjects safety ; a thing which Nature , Reason , and her own Honor requires at her hands . And now when these Princes prevailed not with Queen Elizabeth to set the Queen of Scots at liberty , ou● comes Pope Pius Quintus with his Bull Declaratory , which he caused to be fastened in the night time upon the gate of the Bishop of Londons Palace , wherein all her subjects are absolved from their Oa●h of Allegiance , or any other dutie ; and all that obey her , accursed with Anathem● . He that fastned up the Bull was one Iohn F●lton ; who never fled for the matter , but as affecting Martyrdome , suffered himself to be apprehended , confessed and justified the Fact , and thereupon arraigned , was condemned and hanged neer the place where he had fastened the writing . The same day that Felton was Arraigned , the Duke of Norfolk seeming now extremely pontitent for his fault , and utterly to abhorre the marriage , was delivered out of the Tower , and suffered to goe to his owne house , but yet to be in the custodie of Sir Henry Neuill still . Indeed Cecill being a good friend of the Dukes , had told the Queen , That the Law of 25 of Edward the third could not take hold upon him : And now being in a kinde of liberty , Cecill deales earnestly with him to marry speedily some other ; thereby to take away all suspition in that behalf : yet some again thought that this liberty of the Dukes was granted him of purpose to bring him into greate● danger . At this time died William Herbert Earl of P●mb●ook the grand-child of an Earl of P●mbrook , yet the son but of an Esquire , and grand-father to Phillip Earl of Pembrook and Mountgomery now living , who lieth buried in Pauls , under a faire Monument of Marble , with an Inscription ●estifying his great deservings while he lived . Many conspiracies were at this time to set the Queen of Scots at liberty ; amongst others , there conspired Thomas and Edward Stanley younger sonnes of the Earl of Derby , with others ; but the matter discovered , they were soon suppressed , and some of them executed . And now the Lords of the Queen of Scots Party continuing to protect the English Rebells , the Earl of Sussex once again , accompanied with the Lord Scroop , entereth Scotland , burneth the Villages all along the Valley of Anandale , and compasseth the Duke of Castle-Herald , and the Earls of Huntley and Argyle , under a Writing signed with their own Hands and Seals , to forsake the English Rebells . Whereupon the Earl of Sussex returned home , he made these Knights ; Edward Hastings , Francis Russell , Valentine Browne , William Hilton , Robert Stapleton , Henry Carwen , and Simon Musgrave . Queen Elizabeths minde being now in great suspension , by reason of that Bull from Rome , and the late conspiracy in Norfolk , sent Sir William Cecill , and Sir Walter Mildmay to the Q●een of Scots , who was then at Chattesworth in Derby-shire , to consult with her by what means the breach in Scotland might best be made up , She re-invested in her former Dignity , and her son and Queen Elizabeth might be secured● The Queen of Scots did little deplore her own afflicted condition , putting her self wholly upon the Queens clemency ; when the Commissioners made unto her certain Propositions of Agreement : First , That the Treaty of Edinborough should be confirmed : then , That she should renounce her Right and Title to England , during Queen Elizabeths life , or any children of her body lawfully begotten : then , That she should send her sonne for a Hostage into England , with other six Hostages ; such as the Queen should nominate : then , That the Castles of Humes and Fast-castle should be held by the English for three yeers ; with some other . To which Propositions the Queen of Scots for the present gave a provident answer ; but referred the fuller Answer to the Biship of Rosse her Ambassadour in ENGLAND , and some other Delegates ; who afterwards allowing some of the Propositions , and not allowing others ; the Treaty came to nothing , but the matter rested in the state it was before . A● this time Philip King of Spain had contracted Marriage with Anne of Austria , Daughter to the Emperour Maximilian , his own Neece by his Sister ; who was now setting Sayl from Zealand towards Spain ; when Queen Elizabeth , to testifie her love and respect to the House of Austria , sent Sir Charls Howard with the Navy Royall , to conduct her thorow the Bri●ish Sea. And now was the twelfth yeer of Queen Elizabeths Raign finished ; which certain Wizards had made Papists believe should be her last : but contrary , as if it were but her first , a new Custome began , of celebrating the seventeenth day of November ( the Anniversary day of her Raign ) with ringing of Bells , Tiltings , and Bon-fires : which Custome , as it now began , so it was never given over as long as she lived , and is not yet forborn so long after her death . At this time in Ireland , Connagher ô Brien Earl of Towmond , no● brooking the severe Government of Edward Fitton , President of Connaght , entred into Consultation with some few to raise a new Rebellion ; which , being at the point ready to break forth , was strangely discovered : for the day before they meant to ●ake up Arms , Fitton knowing not at all of the matter , sent ●h● Earl word in friendly manner , That the next day he and a few friends with him , would be his Guests . The Earl convinced by his own conscience , imagined that his Intendments were revealed ; that Fitton would come as an enemy , rather then a Guest . Out of which feare● he presently set Sayle into FRANCE ; where repenting himselfe seriously of his fault , he confessed the whole businesse to Norris , the Queenes Embassadour in France ; and by his intercession , was afterward pardoned and restored . In Ianuary , the thirteenth yeer of her Raigne , Queen Elizabeth in royall pompe , entring the City of London , went to see the Burse which Sir Thomas Gresham had lately built , for the use of the Marchants ; and with sound of trumpets , and the voice of a Herald , solemnly named it the Royall Exchange . A few dayes after , for his many great services , she made Sir William Cecill Baron Burgley . There were now about the Scottish affaires , in the name of the King of of Scots , the Earle Morton ; Peruare Abbot of Dumformelin ; and Iames Mac-Gray ; whom when Queen Elizabeth required to shew more clearely , for what causes they had deposed the Queen ; they exhibited a long and tedious Commentary ; wherein with a certain insolent liberty , they endeavoured to prove , by the ancient Right of the Kingdom of Scotland , that the people of Scotland were above the King : and urged Calvins Authority also , That Popular Magistrates are constituted for the moderation of the Licentiousnes of Princes : and that it is lawfull for them , both to imprison Kings ; and upon just causes , to depose them . This writing the Queen could not reade without indignation ; but to the Delegates she gave this Answer ; She saw no just cause yet , why they should handle the Queen in such manner ; and therefore willed them to think upon some course out of hand , how to allay the dissentions in Scotland . Hereupon in Sir Nich. Bacons house , Keeper of the Great Seal , a Proposition was made to the Bishop of Rosse , the Bishop of Galloway ; and Baron Levingston , delegates for the Queen of Scots , that for the security of the Kingdom , and the Qu. of England ; it were requisite , that before the Queen of Scots should be let at libertie : The Duke of Castle-Herald the Earle of Huntley and Argyle , the Lord Humes , Heris , and another of the Barons should be delivered for Hostages , and the castle of Dumbriton and H●●e● yeelded up into the hands of the English , for three yeers . But they made Answer , that to yeeld up great personages , and such fortifications as were demanded ; were nothing else ; but to leave the miserable Queen utterly destitute of faithfull friends , and naked of all places , fit for guard and defence : yet they offered , to give two Earls and two Barons for Hostages , till two yeers were expired : which not being accepted , they straightway gathered , and spoke it openly ; That now they plainly perceived the English meant to keepe the Queen of Scots perpetually prisoner , and likewise to break off the Trea●y ; seeing they rigorously demanded such securitie as Scotland was not able to make good . And now Queen Elizabeth seeing that nothing could be done , for her owne , the King and Queen of Scots safety , unlesse Both Factions in Scotland consented ; she held it fit that the Lords of Scotland should themselves appoint some chosen persons to compound the matter . While matters in England , proceeded in this sort ; the Queenes partie in Scotland was hardly used : Fryth● the strongest castle in Scotland was taken : and I. Hamilton Archbishop of Saint Andrewes ; the Duke of Castle-Heralds brother , as an accessary to the murder of D●●lye , was hanged without being arraigned according to Law. In England , the Queen of Scots had all her servants taken from her , except Tenne only , and a Priest to say masse : with which indignities the Queen of Scots provoked , causeth a large Commentary of her Counsels , with certain love-letters to the Duke of Norfolk , to be carried to the Pope , and the King of Spain , by Ridolphu● ; which being brought first to the Duke , Higford ( one that waited on the Duke in his bed chamber ) had copyed out : but being commanded to burne them , he hid them under a Matt in the Duke Bed-chamber ; and that ( it should seeme ) purposely . Ridolphus to daw on the Duke to be Head of the discontented Partie in England , aggravated to him the wrongs he had suffered● how against all law he had been kept a long time in prison : and now , to his great disgrace , was not Summoned to the Parliament : he exhibited to him a Catalogue of such of the Nobilitie , who had vowed to Assist him : he shewed how the Pope , ( so the Catholick Religion might be promoted ) would himself undergo all the charge of the Warre , and had already layd down an hundred thousand Crownes ; whereof himself had distributed twelve thousand amongst the English that were fled : he promised , that the King of Spain would send four thousand horse , and six thousand foot to his Assistance ; to these reasons the Bishop of Rosse added , That it was an easie matter for him to surprize the Queen ; whom , when he had in his hands , he might then set the Queen of Scots at liberty , and might easily obtain of Queen Elizabeth , a toleration of Religion . The former Reasons tooke somewhat with the Duke , but this point of surprizing the Queen , he abhorred , as an impious fact , and therefore rejected as pernitious and Dangerous . In France a little before this , was the mariage solemnized between Charles the ninth King of France , and Elizabeth of Austria daughter to the Emperor Maximilian ; in gratulation whereof , Queen Elizabeth sent into France , Thomas Lord Buckhurst , who with great magnificence was received , and perhaps the more , in regard of a motion now intended to be made : for the Lord Buckhurst , having in his retinue , one Guydo Cavalcantius a noble man of Florence , the Queen Mother of France , as being a Florentine her self , had often conference with him , when she would many times say , what a happines it would be to both the Kingdoms , if a Match were made between the Queen of England and her sonne Henry Duke of Angiou ; and at last desired him to commend the motion to the Queen of England , both from her , and from her son the King of France , as a thing they both exceedingly desired . The Lord Buckhurst returned , having for a present from the King of France a chayn weighing a thousand French crowns ; and Cavalcantius at his return made the motion to the Queen , who seemed not unwilling to hearken to it ; for by this Match , there should be added to the Kingdome of England , the wealthy Dukedoms of Angiou , Bourbon , Auverne , and in possibility , the Kingdome of France it self . Hereupon a Treaty was held , in which the French propounded three Articles , one concerning the Coronation of the Duke ; another , concerning the Joynt Administration of the Kingdom ; a third , concerning a Toleration of his Religion : to which it was answered , that the two first Articles might in some sort be composed ; but the third , scarce possibly : for though a contrary Religion might be tolerated , between Subjects of the same Kingdome ; yet between a wife and her husband , it seemed very Incongruous and inconvenient ; yet the matter at last came to this conclusion , That if the Duke would afford his presence with the Queen at divine Service , and not refuse to hear and learn the doctrine of the Church of England ; he should not be compelled to use the English Rites , but at his pleasure use the Romane ; not being expresly against the word of God. But upon these Punctili●s they could not accord : and so the Treaty , after it had continued almost a yeer , brake utterly off . It was indeed generally thought , that the Ma●ch was never really intended of either side , but that they both pretended it , for onely their owne ends : for the Earle of Leicester ( who knew more of the Queenes minde then any man ) wrote at this time to Sir Francis Walsingham , the Queens Embassador in France , That he found the Queens inclination so cold in the matter , that though the Point of Religion were ●ully accorded ; yet she would finde one point or other to breake it off . At this time the continuance of the Duke of Norfolkes affection towards the Queen of Scots , came to be discovered by a packet of Letters , sent by Ridolphus to the Bishop of Ros●e , and by Bayliffs confession ( who brought the letters ) being set upon the Rack ; so as the Bishop of Rosse was confined to the Isle of Ely : Thomas Stanlie , Sir Thomas Gerard , and R●l●ton were cast into the Tower : and H●nry Howard , who had an aspiring minde to be Arch-bishop , was committed to the Arch-bishop of Canterbury's keeping . At the same time the Queen of Scots sent money to her confederates in Scotland ; which being by Higford delivered to one Browne to carry , and told it was Silver , when he found by the weight that it was Gold , he began to suspect something ; and thereupon went and delivered both the money and Letters to the Lords of the Councell . Upon this , Higford being examined , confessed the whole matter ; and withall gave notice of that Commentary also of the Queen of Scots which is mentioned before . Two dayes after , the Duke himself being examined , and knowing nothing what his servau●s had confessed , de●yed every particular ; and thereupon , was brought again to the Tower , by Ralph Sadler , Thomas Smith , Henry Nevill , and Doctor Wilson : And after him Bannester , who was the Dukes Counsell at Law : The Earls of Arun●el and Southampton ; the Lord Lumley , the Lord Cobham ; Henry Percy , Lowder , Powell , Goodyer , and others , are committed to prison ; who upon hope of pardon , confessed all they knew concerning the matter . When these things , and especially the Commentary , which the Duke thought had been burnt , were shewed him , he then cryed out , I am betrayed by my own servants ; not having learned to be distrustfull , which is the very sinew of Wisedom . And then with all submission , he besought the Lords to mediate for him to the Queen ; towards whom , he protested he never had the least thought of doing any hurt . And now seeing it appeared that the Bishop of Rosse had been the whole-contriver of the businesse , it was deliberated what to do with him , because he was an Ambassadour . Hereupon divers Civilians are called ; as David Lewis , Valentine Dale , William Drury , William Aub●y , and Henry Iones ; of whom these questions were asked : First , Whether an Ambassadour who raiseth Rebellion against that Prince ●o whom he is an Ambassadour , may enjoy the Priviledges of an Ambassadour , and is not lya●le to pun●shment ? They answered , That such an Ambassadour hath forfeited the Priviledges of an Ambassadour , and is liable to punishment . Secondly , Whether the Minister or Procter of a Prince , who is deposed by publike Authority , and in whose room another is Ina●gurated , may enjoy the Priviledges of an Ambassadour ? They answered , That if such Prince be lawfully deposed , his Proct●r cannot challenge the Priviledges of an Ambassadour , forasmuch as none but absolute Princes , and such as have-Right of Majesty , can appoint Ambassadours . Thirdly , Whether a Prince who is come into another Princ●s Countrey , and held in Custody , may have his Proctor ; and if he shall be held an Ambassadour . They answered , If such a Prince have not lost his Soveraignty , he may have his Proctor ; but whether that Proctor shall be reputed as an Ambassadour or no , this dependeth upon the Authority of his Delegation . Fourthly , Whether if a Prince give warning to such a Proctor , and to hi●● Prince who is under custody , that this Proctor shall not from hencef●rth be accounted for an Ambassadour ; Whether that Proctor may by Law challenge the Priviledge of an Ambassadour ? They answered , A Prince may forbid an Ambassadour to enter into hi● Kingdome , and may command him to depart the Kingdome , if he ●ontain n●t himself within his due limits ; yet in the mean while he is to enjoy the Priviledges of an Ambassadour . Upon these Answers , the Bishop of Rosse is warned by the Lords of the Councell , that he shall no longer be esteemed an Ambassadour , but be punished as his fault shall deserve . The Bishop alle●dged for himself , That he had not violated the Right of ●n Ambassadour Via Iuris , but V●● Fact● , ( to use his own words ) and therefore adviseth them , not to use harder measure to him , then was used to the English Ambassadours , 〈…〉 in France , R●ndoll and T●mwo●th in Scotland ; who had raised Rebellions there , and were open Abettors of the same ; and yet had no greater punishment , then to be gone at a time limitted . When they began to urge him what the English had testified against him , he lovingly requested them to give no credit to it● forasmuch as by a received Custome , which hath the force of a Law , The Testimony of an English man against a Scot , or of a Scot against an English man , is not to be admitted : but after some other altercations , the Bishop is led away to the Tower , and kept close prisoner . At this very season , Matthew Earl of Lenox , Regent of Sco●●and , the Kings Grand-father was by the adverse party set upon at unawares ; who having yeelded himself to David Spense of Wormester , ( that was then very carefull to defend him ) together with him , was slain by Bell and C●ulder ; when with great industry he had governed the Kingdom for his Grand-childe about fourteen months . In whose room , Iohn Areskin , Earl of Mar●e , by common consent of the Kings Faction , was chosen Regent of Scotland ; who being a man of a quiet disposition , through extreme grief of the m●ny troubles he sustained in the place , departed this life when he had governed thirteen months . And now a Parliament was held at Westminster ; wherein , besides a Law for preventing of the treacherous endeavours of seditious subjects , another Law was made , That if any one , during the Queens life , by Books written or printed , shall expressely affirm , That any i● , or ought to be the Heir or Successor of the Queen ( besides the naturall Off-sp●ing of her Body ) or shall to that purpose publish , print , or dispers● any Book or Schedules ; he , and his favour●rs , shall for the first offence suffer a yeers imprisonment , and the losse of one half of his goods : and if they offend again , they shall be in a Pr●munir● . A Law also was made , by which to be reconciled to the Sea of Rome , was made Treason : and it was pronounced against the Queen of Scots , That if she offended again against the Laws of England , it might be lawfull to question her , as the wife of a Peer of the Kingdom of England . But here the Queen interposed her Authority , and would not suffer it to be enacted . About this time , in May , a solemn Tilting was performed at Westminster ; where th● Challengers were Edward Earl of Oxford , Charles Howard , Sir Henry Lee , and Chri●●●pher Hatt●n Esquire ; who all did valiantly , but the Earl of Oxford best . Assoon as the Parliament was dissolved , a Consultation was held , Whe●her Iohn Story , Doctor of the Laws , the Duke D'Alva's Searcher ( who somtime before , was by a wile brought into England ) being an Englishman born ; and having in Bra●ant consulted with a for●aign Prince , about the invading of England , were to be held guilty of high Treason ? It was resolved a●firmatively : whereupon he is called to the Bar , and indicted of Treason● That he had consulted with one Pres●all a Conjurer , to make away the Queen ; That he cursed her dayly , when he said Grace at Table ; That he shewed a way to the Secretary of Duke D'Alva how to invade England , &c. where he affirming , That the Judges had no power to meddle with him , for that he b●longed not to the Queen of England , but was the King of Spain's sworn subject● is neverthelesse condemned by the Fo●m of Nihil dicit ( forasmuch as no man can renounce the Country wherin he was born , nor abjure his Prince at his own pleasure ) and finally executed after the manner of Tray●ors . Ireland at this time was indifferent quie● ; for Sir Iohn Perot , President of Munster had brought Iames Fitz Morris to submit himself , and crave pardon . Sidney the Lord Deputy returned into England , and Sir William Fitz Williams , who had marryed his sister , succeeded in his room . It was now the fifteenth yeer of Queen Elizabeths Raign ; when Thomas Howard , Duke of Norfolk , on the sixteenth day of Ianuary , was brought to his Tryall at Westminster-Hall ; where sate as Commissioners , George Talbot , Earl of Shrewsbury ( made High Steward of England for that day ) Reynold Grey , Earl of Kent ; Thomas Ratcliff , Earl of Sussex ; Henry Hastings , Earl of Huntington ; Francis Russell , Earl of Bedford ; Henry Herbert , Earl of Pembr●●k ; Edward Seymor , Earl of Hertford ; Ambrose Dudley , Earl of Warwick ; Robert Dudley , Earl of Leicester ; Walter Devereux , Viscount of Hereford ; Edward , Lord Clinton , Admirall ; William , Lord Howard of Effingham , Chamberlain ; William Cecill , Lord Burley , Secretary ; Arthur , Lord Grey of Wilton ; Iames Blunt , Lord Mountjoy ; William , Lord Sands ; Thomas , Lord Wentworth ; William , Lord Borough ; Lewis , Lord Mordant ; Iohn Pawlet , Lord St. Iohn of B●sing ; Robert , Lord Rich ; Roger Lord North ; Edmund Bruges , Lord Ch●ndois ; Oliver , Lord St. Iohn of Bl●tsho ; Thomas Sackvile , Lord Buckhurst ; and William West , Lord de la Ware. After silence bidden , Sir Owen Hopton , Lievtenant o● the Tower , is commanded to bring the Duke to the Bar ; and then the Clerk of the Crown said , Thomas , Duke of Norfolk , late of Keningale , in the County of Norfolk , Hold up thy hand ; which done , the Clerk with a loud voyce readeth the crimes laid to his charge : That in the eleventh yeer of the Queens Raign , he had trayterously consulted to make her away , and to bring in forraign Forces for invading the Kingdom : Also , That he dealt with the Queen of Scots concerning Marriage , contrary to his promise made to the Queen under his hand writing : Also , That he relieved with money the Earls of Northumberland and Westmerland , that had stirred up Rebellion against the Queen : Also , That in the thirteenth yeer of the Queens Raign , he implored Auxiliary Forces of Pope Pius the fifth , the Queens professed enemy , of the King of Spain , and the Duke D'Alva , for the freeing of the Queen of Scots ; and restoring of the Popish Religion : And lastly , That he sent supply to the Lord Heris , and other the Queens enemies in Scotland . These Indictments being read , the Clerk demanded of the Duke , if he were guilty of these crimes , or not ? Here the Duke requested he might be allowed to have Counsell . But Catiline , chief Justice , made answer , That it was not lawfull . Yet ( saith the Duke ) I have heard that Humphrey Stafford , in the Raign of K. Henry the seventh , in a Cause of Treason , had one assigned to plead for him . To which Dyer chief Justice of the Common-Pleas , made answer , That Stafford had Counsell assigned him concerning the Right of Sanctuary , from whence he was taken by force● but in the Inditement of Treason he pleaded his own cause . After this , the Duke yeelding to be tryed by the Peers ; first Barham , Serjeant at Law ; then Gerard the Queens Atturney ; and lastly , Bromley , the Queens Solicitor , enforced the crimes objected against him : to all which the Duke made colourable answers ; but most of them being proved by sufficient testimony , he asked upon occasion , Whether the subjects of another Prince , who is confederate , and in league with the Queen , are to be accounted the Queens enemies● to which Catiline answered , They were ; and that the Q. of England might wage War with any Duke of France , & yet hold firm Peace with the French King. When it grew towards night , the L. high Steward demanded of the Duke if he had any more to say for himself ? who answered , I rely upon the equity of the Laws . After this , the Lords withdrawing a while , and then returning , the Lord Steward beginning at the lowermost , asked them , My Lord de la Ware , Is Thomas Duke of Norfolk guilty of these crimes of High Treason , for which he is called in question ? He rising up , and laying his hand upon his breast , answered guilty , in like manner they answered all . After this , the Lord Steward with teares in his eyes , pronounced sentence in forme as is used . A few dayes after were Barnes and Mather executed , who conspired with one Herle , to make away certaine of the Councellors , and to free the Duke ; but Herle revealed the businesse presently , to whom Barnes ( when hee saw his Accuser brought forth ) smilingly said , Herle thou wert but one houre before mee ; else I had beene in thy place for the accuser , and thou in my roome to be hanged : at the same time with them was hanged also Henry Rolfe , for counterfeiting the Queens hand . But though the Duke were now condemned , yet the Queen was so tender of his case , that it was foure Moneths after before he was executed , at last on the second of June at eight of the clock in the morning , he was brought to the Scaffold upon the Tower-Hill , and there beheaded . At this time and upon this occasion , a Parliament was Assembled , wherein amongst other Lawes , it were Enacted , that if any man shall go about to free any person imprisoned by the Queens expresse Commandement● for Treason or suspition of Treason , and not yet Arraigned , he shall lose all his goods for his life time , and be imprisoned during the Queens pleasure , if the said person have beene Arraigned , the Rescuer shall forfeit his life ; if condemned , he shall be guilty of Rebellion . In the time of this Parliament , the Queen created Walter Devereux Earl of Essex , being before but Viscount Hereford ; because he was descended by his Great-grand-mothers from the Bourchiers , and made the Lord Clinton ( who had large Revenues in Lincolnshire ) Earl of Lincoln ; Also she called forth Iohn Paulet of Basing , the Marquesse of Winchester's son , Henry Compton , Henry Cheyney , and Henry Morris for Barons by Summons . Within ten dayes after the Dukes death , William Lord De-la-ware , Sir Ralph Sadler , Thomas Wilson Doctor of the Laws , and Thomas Brumley the Queens Solicitour , were sent to the Queen of Scots , to expostulate with her ; That shee had usurped the Title and Arms of the Kingdom of England , and had not renounced the same , according to the agreement of the Treaty at Edinburgh , That shee had endeavoured the marriage of the Duke of Norfolke , without acquainting the Queene , and had used all forcible meanes to free him out of prison ; had raised the Rebellion in the North , had relieved the Rebels both in Scotland and in the Low-Countries ; had implored Aids from the Pope , the King of Spaine and others ; had conspired with certaine of the English , to free her out of Prison , and Declare her Queen of England ; Lastly , that she had procured the Popes Bull against the Queen , and suffered herself to be publikely named the Queen of England in Forreigne Countries : All which accusations she either absolutely denyed , or else fairly extenuated , and though ( as she said ) she were a free Queen , and not subject to any creature ; yet she was content , and requested , that she might make her personall answer at the next Parliament . About this time , the King of Spain by his Embassadour here , complained to the Queen , that the Rebels of the Netherlands were harboured and entertained in England , contrary to the Articles of the League ; whereupon the Queen set forth a severe Proclamation , That all the Dutch , who could any wayes be suspected of Rebellion , should presently depart the Realm ; which yet turned little to D'Alva's , or the King of Spains benefit : For hereupon , Count Vander-Mark , and other Dutch going out of England surprized the Brill first , then Flushing , and afterwards drew other Towns to Revolt , and in a short time excluded the Duke D'Alva in a manner from the Sea. And this errour , to suffer the Protestant party to get possession of the Sea-towns , hath been the cause they have been able to hold out , even all this long time , against the King of Spain . And now many military men having little to do at home , got them into the Netherlands , some to Duke D'Alva ; but the far greater number to the Prince of Orenge : The first of whom , was Thomas Morgan , who carryed three hundred English to Flushing ; then followed by his procurement nine Companies more under the conduct of Humphry Gilbert ; and afterward it became the Nursery of all our English Souldiers . At this time , Charls the French King setting his mind wholly ( at least seeming so ) upon the Low-Country War , concluded a peace and entred into a league with Queen Elizabeth ; which was to remain firm , not only during their two lives , but between their successors also , if the s●ccessor signifie to the surviver within a yeer that he accepteth it , otherwise to be at liberty . It was likewise agreed , what aid by Sea or Land , they should each of them afford to other upon occasion ; and for ratification of this League , Edward Clinton Earl of Lincoln and Admirall of England was sent into France , with whom went the Lord Dacres , Rich , Talbot , Sands , and others . The French King likewise sent the Duke of Memorancy , and Paul Foix i●to England with a great train ; that the Queen in the presence of them , and the Embassador in Ordinary might sweare to the league , which she did at Westminster , the seaventeenth of May , in the yeer 1572. The day after she made Memorancye Knight of the Garter . Memorancye whilst he tarryed in England , made intercession in his Kings name , that what favour could be without danger , might be shewed to the Queen of Scots ; and then made much a do again about the marriage with the Duke of Angiou ; but being hopelesse to make conclusion thereof , by reason of the diversity of Religion he returned into France ; for now was great provision making ready for the mariage , between Henry King of Navarre ; and the Lady Margeret the French Kings Sister ; to which solemnity with notable dissimulation , the Queen of Navarre and the chief of all the Protestants were allured , being born in hand that there should be a renovation of love , and a perpetuall peace established : The Earl of Leicester likewise and the Lord Burleigh were invited out of England , and out of Germany , the sons of the Prince Elector Palatine under colour of honour : but indeed , that they might be intrapped , and they , and together with them the Protestant Religion at one blow , if not clean cutt off , yet receive● deadly wound : For the marriage being celebrated , there presently followed that cruell Massacre at Paris , and the terrible slaughter of the Protestants throughout all the Cities of France ; but to set a shew of equity upon the fact , Edicts and Proclamations were presently set forth , that the Protestants had plotted a wicked conspiracy against the King , the Queen Mother , the Brethren , the King of Navarre , and the Princes of the blood Royall ; and to keep the thing in memory , Coyne was presently stamped , upon the one side whereof was the Kings picture with this Inscription , Virtus in Rebelles , on the other side ; Pietas excitavit justitiam ; But the King of France , notwithstanding all the shew hee made of Piety , escaped not the Divine revenge , for before the yeer came about , hee fell sick of a bloody Flixe , and afterwards with long and grievous torments ended his life . A little before this , Mota Fenell Embassador to the King of France , being in England , by vertue of an order from the Queen Mother of France , propoundeth to Queen Elizabeth at Kenelworth ( two dayes before the Massacre in that Kingdome ) the marriage of her youngest sonne Francis Duke of Alenson ( for the Queen Mother had been told by some cunning men , that all her sons should be Kings , and she knew no way for it but this ) B●t Queen Elizabeth , by rea●on of the disparity of age , modestly excused her self , ( For he was scarce ●eventeen yeers old , and she was now past eight and thirty ) yet she promised to consider of it , and Alenson did not leave to prosecute the ●●it . At t●is time , Thomas Percy Earl of North●mberland , who first Rebelled , and afterwards fled into Scotland , was for a sum of money delivered by the Earl of Morton , to the Lord Hunsdon Governour of Barwick ; and a while af●er was beheaded ●t York . And now as these two great Personages , the Duke of Norfolk● and the Earl of Northumberland were taken away by a violent death ; so three other great Personages were at this time t●ken away by a naturall death : First W●ll●am Paulet , who from a private man came by degree ; to be Marquesse of Winchester : lived to the age of within three yeers of a hundred , and could reckon a hundred and three of his children , and his childrens issue , after he had held the p●ace of Lord Treasurer of England above twenty yeers ; in whose roome succeeded Sir W●lliam Cecill , Lord Burleigh , then dyed Edmund Earle of Darby , famous as well for his hospitality and good house-keeping , as for his skill in Surgery and Bone-setting ; then dyed Sir William Peter , who being descended from an honest stock at Exceter in Devonshire , was Privy Counsellor and Secretary to King Henry the Eight , Ki●g Edward the Sixth , Queen Mary , Queen Elizabeth ; who plant●d himself in Essex , where he purchased grea● possessions ; whose son Iohn was by King Iames made Baron of Writle in that Country . And now Q●een Elizabeth having formerly borrowed money o● her Subjects , she thankfully repayd it , which wonne her no lesse love , then if she had given it , and more love she gained also at this time by two Proclamations ; by one of which , she commanded Noble men to observe the Law of keeping Ret●iners ; by the other , she restrained Informers , who , under colour of spying out Crown Land concealed by private perso●s , sacralegio●sly seized upon the Lands of Parish-Churches , and Alms-Houses piously endowed by the Queens Ancestors . And more Love and Honour also she gained at this time by two acts of Justice ; the one , that she satisfied the English Merchants out of the goods which were det●ined belonging to the Dutch , and restored the rest to the Duke D' Alva , and make a full transaction with the Merchants of Geneva for the mon●y intercepted ; the other , that she freed England at this time of the debts which her Father and her Brother had run into in forraign part● , and were increased by yeerly interest , and caused the obligations of the City of London , which had so often been renued to be given in , to the great rejoycing of the Citizens . The Spanish affairs growing now very turbulent in the Netherlands , Flushing lost , the towns of Holland revolted , and the Spanish Navy vanquished by the Zelanders , Duke D'Alva against his will , began to shew more kindnesse towards the English , so as in the month of Ianuary , the trade which in Anno 1568. had been forbidden , was now allowed again between the Dutch and the English for two yeer● ; but those two yeers expired , the English removed their trading to the confederates State● . The last yeer in the month of November , a daughter was born to the French King , to whom he requested Queen Elizabeth to be God-mother , who the●eupon sent William Somerset Earl of Worcester into France with a Font of massy Gold to stand as her Deputy at the Christning . Hereupon , and for that the Queen promised to observe the League strictly , the French King and the Queen mother began to affect her more and more , and the Duke D'Alenson wrote sundry love-letters to her , the French King and His Mother interceding for the mariage with all earnestnesse . It is true , the Queen conceived divers reasons , why it was fit for her to marry ; but the Courtiers for their own ends disswaded her as much from it : at last the Queen Mother of France was wonderfull importunate , that her sonne Alenson might have leave to come and see her● whereunto , being wearyed with continuall Letters and Messages , she gave her consent ; but upon condition , that hee should not take it for any disgrace to him , if hee returned without obtaining his suit : But as soon as Queen Elizabeth had notice , that his brother Henry was elected King of Poland , and that the King of France was very sick , shee gave intimation to Alenson , by Edward Horsey Governour of the Isle of Wight , that hee should not make too much haste into England ; but should first procure a peace by some meanes or other in France , and declare by some notable Argument , his good will towards the Protestants , thereby to be the more welcome Ghest into England . Hereupon a peace was concluded in France , and in certain places the Protestants were allowed to exercise their Religion : and then again the French King and the Queen Mother , used all their endeavour to have the marriage go forward ( for they were very desirous th●t Alenson , who was of a crooked and perverse disposition , and prone to raise tumults ) might bee removed out of France ; and withall , they requested of Queen Elizabeth , that if the Duke of Angiou took his voyage into Poland by Sea ; hee might have publike caution to sail through the British Ocean . To this last request , she not only consented with all alacrity , but also made offer of a Fleet to conduct him thither . In the mean while , Alenson fell sick of the Meazles , which his mother signified to Queen Elizabeth by Count Rhets , excusing him thereupon for not coming into England as he had determined : The Count found the Queen at Canterbury , where she gave him Royall intertainment : and Matthew Parker Archbishop of Canterbury , Royall intertainment to them both . All this while since the death of the Earl of Marre , there had been no Regent in Scotland , but now by the procurement of Queen Elizabeth chiefly ; Iames Dowglas Earl of Morton , is made Regent ; who , when his Authority in a Parliamentary Assembly was established , Enacted many profitable Laws for the defence of Religion against Papists and Hereticks , in the name of the King : But the pro●ection and keeping of the Kings Person , hee confirmed to Alexander Areskin Earl of Marre ( to whom the custody of the Kings in their tender yeers , by speciall priviledge belongeth ) though hee were himself in his Minority : Upon these conditions , That no Papists , nor factious persons should be admitted to his presence : An Earl should come with onely two servants attending him : A Baron , with onely one : All other , single : and every one unarmed . The French King in the mean time , sent his Embassadour Mounsier Vyriar , to corrupt the Earls of Atholl and H●ntley with large promises , to oppose the Regent : Queen ELISABETH as much laboured to defend him : but though by the ministery of Killigrew , shee had drawn Iames Hamilton Duke of Castle-Herald , and George Gourdon Earl of Huntley , and the most eminent of that Faction , upon indifferent conditions , to acknowledge the Regent , yet VVilliam K●r●●ld , Lord Gra●nge , ( whom Murray when hee was Rege●t , had made Gove●nour of Edingborough Castle ) The Lord Hum●s , Lydington , the Bishop of Dunkeld and others , would by no meanes admit of the Regents Government , but held that Castle , and fortified it in the Queen of Scots name , having Lydington for their Counsellor herein , and trusting to the naturall strength of the place , and to the Duke D' Alva's and the F●e●ch Kings promises , to send them supplies both of men and money . Now when these persons , could by no meanes drawne to accept of conditions of peace , and to deliver up the Castle to the Regent , Queen Elizabeth ( who could in no case endure the French in Scotland ) suffered her self at length to be intreated by the Regent , to send Forces , Gunnes and Ammunition , for assaulting of the Castle upon certain conditions , whereof one was , that ten Hostages should be sent into England , to be security fo● returning the men and Munition , unlesse by the common hazard of War they should chance to miscarry . The conditions being argued on ; William Drury Marshall of the Garrison at Barwick , with some ●reat Ordnance and Fifteen hundred Souldiers , ( amongst whom were some noble Voluntiers , George Carie , Henry Carie , Thomas Cecill , He●ry Lee , William Knolles , Sutton , Cotton , Kelway , VVilliam Killigrew , and others , entred into Scotland , and besieged the Castle , which after three and thirty dayes siege , was delivered up to the Regent for the Kings use , with all the persons that were in it ; amongst whom Kircald Lord Grange , and Iames his brother Musman , and Cook gold-smiths ( who had counterfeited Coyne in the Castle ) were hanged ; although to redeem Granges life , a hundred of the Family of the Kircalds , offered themselves to be in perpetuall servitude to the Regent , besides an annuall Pension of three thousand Marks ; and twenty thousand pounds of Scottish money in present ; and to put in caution , that from thence forth he should continue in duty & homage to the King ; but it would not bee accepted . Humes and the rest were spared , through Queen Elizabeths mercifull intercession ; Lydington was sent to Leith , where hee dyed , and was suspected to bee poysoned : A man of the greatest understanding in the Scottish Nation , and of an excellent wit , but very variable ; for which , George Buchanan called him the Camelion . And now from this time Scotland began to take breath , after long Civill Warres , and as well the Captaines of both parties , as the Souldiers , betook themselves into Swedeland , France and the Low-Countries , where they valorously behaved themselves , and wonne great commendation . As for Iohn Lesle Bishop of Rosse he was now set at liberty , but commanded to depart presently out of England , and being beyond the Sea , he continued still to sollicite his Mistresse the Queen of Scots cause , with the Emperour , the Pope , the French King , and the German Princes of the Popish Religion ; who all led him on with faire promises , but performed nothing : For indeed he in whom he had greatest confidence , which was the Duke D' Alva , was at that time called away , partly out of Jealousie of State , as being thought to grow too great , and partly out of opinion , that by his cruelty he made the people to revolt ; and therefore in his place was sent Ludovicus Zuinga , a man of great Nobility in Spain , ●ut of a more Peaceable disposition then D' Alva ; & ●ow this man did all good Offices to win Queen Elizabeth to him , and minding his owne Affairs only , would not intermeddle with the Scottish or English matters . About this a frentick Opinion was held by one Peter Bourche● a Gent●eman of the Middle-Temple , that it was lawfull to kill them that opposed the truth of the Gospell ; and so far was he possest with this opinion ; that he assaulted the famous Seaman Captain Hawkins , and wounded him with a dagger , taking him for Hutton , who at that time was in great favour with the Queen , and of her privy Counsell , whom he had been informed to be a great Adversary to Innovations . The Queen grew so angry hereat , that she commanded Marshiall Law should be executed upon him presently , till her Counsell advised her that Marshiall Law was not to be used , but in the Field , and in turbulent times , but at home and in time of Peace , there must be Legall proceedings : Hereupon Bourchet was sent to the Tower , where taking a brand out of the fire , he strook it into the brains of one of his keepers named Hugh Longwroth and killed him , for which fact , he was condemned of murther , had his right hand cutt off , and nayled to the Gallows , and then himselfe hanged . After the violent death of this Varlet , we may speake of the naturall death of two great persons ; First , William Lord Howard of Effingham , Son of that warlike Thomas Howard Duke of Norfolk , by his second wife Agnes Tilney . This William was made a Baron by Queen Mary , and Lord High Admirall of England , and by Queen Elizabeth Lord Chamberlain , till such time that being taken with age , he yeelded up that place to the Earl of Sussex , and was then made Keeper of the Privy Seal , which is the fourth degree of honour in England . His Son Charles succeeded him in the Dignity of his Barony , who was after made Lord Chamberlain to the Queen , and then Lord High Admirall of England . A while after him , dyed Reginold Grey Earl of Kent , whom the Queen a yeer before of a private man had made Earl of Kent , when as that Title , from the death of Richard Grey Earl of Kent , who had wasted his Patrimony , and was elder brother to this mans Grand-father ; had lyen asleep for fifty yeers together . At this time many particular Rebellions were in Ireland ; The O C●nors , and O Moors took Arms , and committed many outrages : In Munster , Iames Fitzmorris , and Fitz Edmund did the like ; but by the industry of Sir Iohn Perrot , President of Munster , were suppressed . In Ulster , Bryan Mac Phelym burnt Knockfergus , and many other joyned in Rebellion with him . Against these , Walter Devereux , ( whom the Queen had lately created Earl of Essex ) desired leave to go ; which Sir William Fitz-Williams Deputy of Ireland opposed , as fearing , that the glory of so great an Earl vvould ecclipse his light . But for this , the Queen findes a remedy , by appointing Essex , to take a Parent of the Deputy , whereby to be made Governour of Ulster . But this remedy for Fitz-Williams , might have made a sore in the minde o● E●sex ; ( to receive his Authority from his inferiour ) but that the noblenesse of his minde , made him more to regard the vertue , then the glory . And so , in the end of August , hee landed at Knockfergus , having with him the Lords , Darcy and Rich , and Sir Henry Knowles and his four Brothers , Michael and Iohn Carves , Henry , William , and Iohn Norreses : At his landing , Bryan Mac Pheli● welcomed him , tendring unto him all manner of dutifulnesse and service ; but presently a●ter , falls from him , and joyns with Turlogh Leynigh . After this revolt , the Ea●l of Essex , finding many difficulties in the businesse , and himself not well provided of skilfull Souldiers , makes suit to the Queen for leave to come home ; which the Earl of Leicester , ( who liked his room better then his company ) opposed ; till after expence of a yeer● time , and much treasure , hee at last obtained leave , and returned home . The next yeer , being 1574. and the seventeenth yeer of Queen Elisabeths Raign , the Duke of Alenson grew more importunate in his suit , then at any time before ; so as hee obtained of the Queen , to come into England , any time before the twentieth of May ; and this she the rather did , because shee perceived him now to bee really bent against the Guyses her sworn Enemies . But before this Answer was brought him , Valentine Dale Doctor of the Civil Law , the Queens Embass●dour in France , gave intimation to the Q●een , That Alenson and Navarre were in restraint , and committed to Keepers : For the Guyses had suggested , that Alenson held intimate friendship with Admirall Colin , the chief Leader of the Protestants in France ; and indeed , Alenson being examined , freely confessed , that hee had now for a good while desired the marriage of the Queen of England● and conceiving , that good correspondence with Colin might be usefull to him to that end , hee had thereupon had conference with him thereabout , and concerning the Low-Country Warre . In the mean time , Thomas W●lks , Dales Secretary , got cunningly to Alenson , and in the Queens name , made promise both to him , and to Navarre , that she would omit no opportunity of procuring their inlargement . For which , the subtle Queen-Mother so complained of him to Queen Elisabeth , that hee was fain to go into France , and there to crave pardon for his fault . But Navarre , not unmindfull of this kindnesse in Wilks , when about five and twenty yeers after , being King of France , hee saw him in Normandy , hee Knighted him . Hereupon the Queen sent Thomas Randoll into France , to the Queen-Mother , that if it were possible , hee might gain Reconciliation for Alenson her sonne , and for the King of Navarre . But before hee was landed in France , Charles the then French King dyed , whose Funerall Rites were solemnly performed in Saint Pauls Church in London . Assoon as Henry the third , King of France , was come from Poland , Roger Lord North was sent into France , to congratulate his return , and his happy Inauguration into the Kingdom ; who thereupon , together with the Queen-Mother , did forthwith send their joynt Letters into England , strongly soliciting the businesse of marriage , between Alenson and the Queen . In the mean time notwithstanding , they used all possible devices , ( and left no means unsought ) to get the yong King of Scotland to bee sent into France , and to deprive Morton who was the Regent , of his Authority , whereof the Queen of Scots also was very desirous ; shee being perswaded , that if her sonne were once gotten safely into France , shee and the Catholicks in England should bee more mildly used . At which time , an aspersion was cast upon the Queen of Scots , as if she had made the match between Charles Unckle to the Queen of Scots ( who had lately the Earldom of Lenox confirmed to him by Parliament ) and Elizabeth Cavendish the Countesse of Shrewsburie's daughter by a former husband ; upon which ground , both their mothers and some others also were kept in Prison for a time ; and being doubted whereunto this marriage should tend : Henry Earle of Huntington , President of the Councell in the North , is authorized with secret Instructions to examine it . It will be fit here to say something of this place of Government in the North ; which from small beginnings , is now become so eminent as it is at this day , whereof this was the Originall . When as in the Raigne of Henry the Eight , after that the Rebellion in the Northerne parts , about the subversion of Abbyes was quieted , the Duke of Norfolke tarryed in those quarters , and many complaints of injuries done were tendered unto him , whereof some he composed himself , and others hee commended under his Seale to men of wisdome to determine : Hereof when King Henry heard , he sent down a peculiar Seal to be used in these cases , and calling home the Duke , committed the same to Tunstall Bishop of Durham , and Constituted Assistants with Authority to heare and determine the complaints of the poor , and he was the first that was called President ; and from that time , the authority of his successours grew in credit . It was now the yeer One thousand five hundred seventy five , and the Eighteenth yeer of Queen Elisabeths Raign , vvhen Henry the third King of France being returned from Poland , and Crowned at Rheims , was carefull to have the League of Blois confirmed ; which , in the Yeer 1572. had been concluded betweene his Brother Charles and that most Illustrious Queen ELIZABETH ; Now therefore hee confirmed it with His owne Subscription , and delivered it to Dale the Queen 's Legier , as the Queen like wise ratified it at Saint-James neere Westminster : But a little after he demanded by Letters , whether the mutuall defence against all persons mentioned in the League , was intended to comprehend the case of Religion also ? Whereunto she answering , that it did comprehend it ; hee thereupon hearing this from the Queen , began presently to prepare Warre against the Protestants , and Alenson being drawne to the Adverse party , there was no speech of the marriage for a long time . In the Netherlands at this time , Lodovicke Zuinga who was successor unto Duke D'Alva , was wholly bent to recover the Command of the Seas , which D'Alva had neglected ; but not being sufficiently provided of a Navy , he sent Boischott into England , that with the Queens leave , he might take up Ships and Marriners to goe against the Hollanders and Zelanders , but this she would not grant : Then hee made suite , that the Queen would please not to take it in evill part , if the banished persons of the English in the Low-Countries served the King of Spaine in a Sea-Fight against the Hollanders ; and that they might have free accesse to the Ports of England , to buy provision for ready money ; But this shee would not grant neither : Then he made request , that the Dutch , who were Rebels against the King of Spaine , might be put out of England ; but neither would shee grant this , as being an Action voide of Humanity ; and against the Lawes of Hospitality ; yet because shee would not be thought to violate the old Burgundian Law , shee Commanded by Proclamation , that the Shipps of the Dutch which were made ready , should not go forth of the Haven ; nor yet the Dutch , who had taken up Armes against the King of Spaine , enter into the Ports of England , and by name , the Prince of Orenge , and Fifty other the prime of that Faction ; and this shee did the more willingly , because Zuinga at the intercession of Wilson the English Embassador , had removed the Earle of Westmerland , and other English Fugitives out of the Dominions of the King of Spaine , and had also dissolved the English Seminary at Doway ; though in stead thereof , the Guises through the procurement of Pope Gregory the thirteenth , set up another Seminary at Rhemes . And at this time the Prince of Orenge , perceiving his Forces but small , and thinking himself too weake for the King of SPAINE , and little hope of ayde from England , he entered into Consultation with the Confederate States , to whose protection , they were best and in the most security to betake themselves : The Princes of Germany they knew were not all of one minde , parted from money very hardly , and did not every way , nor would not by no meanes possible accord and concurre with them in their Religion ; and therefore they were not so fit . Then , the French they saw , were intangled in a Civill War , and so had enough of their owne to do ; besides the old grudges and heart-burnings that vvere between the French and Dutch ; and therefore neither were they so fit . There remained then the English , as the fittest of any ( if it might be obtained ) seeing they were Neighbouss , of the same Religion , and of a Language not much different , strong in shipping , and rich in Merchandize . Hereupon ( considering the commodiousnesse of the English Nation ) they send into England , Philip Marnizie of S. Aldegond ; Ianus Dowsa , William Nyvell , and Doctor Melsen ; who in an honourable Ambassage , offer the Countries of Holland and Zealand to be possessed or protected by the Queen , forasmuch as she was descended from the Princes of Holland , by Philip wife of Edward the third , daughter of William of Bavaria , Count of Hanonia and Holland ; by whose other sister , the hereditary Right of ●hose Provinces came to the King of Spain . To this offer , the Queen takes time to answer ; and at last , having maturely advised of the matter , her Answer was this , That as yet she conceived not how with safety of her honour , and an upright conscience , she could receive those Provinces into her protection , much lesse assume them into her possession ; but promised , She would deal earnestly with the King of Spain , that a well conditioned Peace might be concluded . Presently upon this , Zuinga , Governour of the Low-Countries died ; after whose death , the States of Brabant , Flanders , and the other Provinces , took upon them the ancient Administration , and Authority in the Common-wealth ; which the King of Spain was fain to confirm to them , till such time as Iohn of Austria were come , whom he determined to make Governour there . In the mean time , Queen Elizabeth in behalf of the King of Spain , sent William Davyson in Ambassage to those Provinces , to exhort them to be peaceable and quiet , which yet , by reason the Spanish Souldiers , were so outragious , little prevailed . In England all was calm and quiet for all this yeer , onely a difference fell out between Sir Iohn Forster , Governour of Berwick , and Iohn Cormichill , Keeper of Liddesdale in Scotland : In composing whereof , the Regent of Scotland , having given Queen Elizab●th some discontentment , was fain to come unarmed before the Earl of Huntington , appointed the Legate for England , at Bonderod , and so the matter was taken up , and the Regent ever after continued constant in observing the Queen , and to his great commendation , restrayned the Freebooters of the Borders , to the great good of both Kingdomes . This yeer there died in Scotland , Iames Hamilton , Duke of Castle-Herald , and Earl of Arran , who was great Grand-childe to Iames the second , King of Scots , by his daughter , appointed Tutor to Mary , Queen of Scots , and designed Heir and Governour of the Kingdom , during her minority . At this time the Earl of Essex is come into Ireland again , wh●re having done good services , and being in the midst of Victory , he was on a sudden commanded to resigne his Authority in Ulster ; and as though he were an ordinary Commander , is set over three hundred Souldiers ; which disgrace was wrought by his adversaries in Court , to the continuall pe●plexing of his milde spirit . And now is Sir Henry Sidney the third time sent Deputy into Ireland ; who going into Ulster , there came to him and submitted themselves Mac Mahon , Mac Guyre , Turlogh Leynigh , the O Conors and O Moors , the Earl of Desmond , and the rebellious sons of the Earl of Clanricard , all whom he received into favour , and with great commendation administred the Province . At this time the Spaniard in the Low-Countries began to deal roughly with the people , and haryed the Inhabitants with all manner of spoyl and injury ; Antwerp , the most famous Town of Traffick in all Europe , was miserably pillaged , the English Merchants houses rifled , insomuch that the States were enforced to take up Arms , and Messengers were sent to all neighbouring Princes ; and to Q. Elizabeth was sent Monsieur Aubig●y , both to shew her upon how necessary and just causes they had taken up Arms , and also to borrow of her a great sum of money , the better to enable them to resist the Spaniard . But she being certainly informed , That they first sued to the French King for help , denieth the request , yet promiseth to intercede earnestly with the King of Spain● for peace . And in that imployment , she addressed into Spaine , Iohn Smith , cosen German to King Edward the sixth , a man of Spainsh behaviour : and well knowne to the King of Spaine , who was liberally received by the King ; and with such wisdome retorted the contumelious speech , of Gasper Quiroga Archbishop of Toledo , and the Spanish Inquisitors , who would not admit in the Queenes Title , the Attribute of Defendor of the Faith ; that he had gained great thankes from the King of Spaine himself , who requested him , not to speake of it to the Queen , and gave severe command , That the Title should be admitted . And now by this time was Iohn of Austria come into the Low-countries , with a large Commission : for he was the Naturall sonne of the Emperour Charles the fifth ; to whom the Queen sent Edward Horsey , Governour of the Isle of Wight , to Congratulate his coming thither , and to offer help , if the States called the French into the Netherlands ; yet at the same time , Swevingham being exceeding importunate on the States behalfe , she sent them twenty thousand pounds of English mony ; ( so well she could play her game of both hands ) upon condition , they should neither change their Prince nor there Religion , nor take the French into the Low-countries , nor refuse a Peace , if Iohn of Austria should condiscend to indifferent Conditions , but if he embraced a Peace , then the money should be paid back to the Spanish souldiers , who were ready to mutiny for lack of pay . So carefull she was to retaine these declining Provinces in obedience to the King of Spaine . At this time a Voyage was undertaken , to trie if there could be found any sea upon the North part of America , leading to the wealthy coast of Cathaia , whereby in one Comerce , might be joyned the riches of both the East and West parts of the worlde , in which voyage was imployed Martyn Frobysher , who set saile from Harwich the eighteenth of Iune , and the ninth of August , entred into that Bay , or sea , but could passe no further for Snow and Ice . The like expedition was taken in hand , two yeers after , with no better successe . About this time died the Emperour Maximilian , a Prince that Deserved well of Queen Elizabeth and the English , who thereupon sent Sir Philip Sidney to his sonne Ridolphus King of the Romanes , to condole his Fathers death , and congratulate his succession : as likewise to doe the like , for the decease of the Count Electour Palatine , named Frederick the third , with her surviving sonne . And now Walter Deveruex Earl of Essex , who out of Leicesters envie , had bin recalled out of Ireland , was out of Leicesters feare , ( as being threatned by him ) sent back again into Ireland , but with the empty title of Earl Marshall of Ireland ; with the grief whereof , he fell into a bloody Flux , and in most grievous torments ended his life . When he had first desired the standers by to admonish his sonne ( scarce tenne yeers old at that time ) to have alwayes before his eyes , the six and thirtieth yeer of his age , as the utmost terme of his life , which neither himself , nor his father before him could out-go , and the sonne indeed attained not to it , as shall hereafter he declared . He was suspected to be poisoned , but Sir Henry Sidney , Deputie of Ireland , after diligent search made , wrote to the Lords of the Counsell , That the Earl often said , It was familiar to him upon any great discontentment to fall into a Flux , and for his part , he had no suspition of his being poisoned , yet was this suspition encreased ; for that presently after his death , the Earl of Leicester , with a great sum of money and large promises , putting away Dowglasse Sheffield , by whom he had a son openly marryed Essex his widdow . For although it was given out , That he was privately marryed to her , ye● Sir Francis Knolles his father , who was well acquainted with Leicester's roving loves , would not believe it , unlesse he himself were present at the Marriage , and had it testified by a publike Notary . At this time also , died Sir Anthony Cook of Gyddy-Hall in Essex , who had been School-master to King Edward the sixth , and was no lesse School-master to his own daughters , whom he made skilfull in the Greek and Latine Tongues ; marryed all to men of great Honour ; one to Sir William Cecill , Lord Treasurer of England ; a second , to Sir Nicholas Bacon , Lord Keeper of the Great Seal ; a third , to Sir Thomas Hobby , who died Ambassador in France ; a fourth , to Sir Ralph Lowlet ; and the fifth to Sir Henry Killigrew . At this time , the sons of the Earl of Cla●ricard , who scarce two months before had obtained pardon for their Rebellion , fell into Rebellion again ; but were by the Deputy soon supprest ; and William Drury newly made President of Munster , reduced the whole Provice to good Order , except only the County of Kerry , whither a number of Vagabonds were gotten , trusting to the Immunities of the place . For King Edward the third made Kerry a County Palatine , and granted to the Earls of Desmond all the Royall Liberties which the King of England had in that County , excepting Wreckby Fyre , Forestall , and Treasure Trou●e . The Governour notwithstanding , who wisely judged that these Liberties were granted for the better preservation of Justice , and not for maintenance of outragious malefactors , entred into it , and violently put to flight and vanquished the mischievous crew , which the Earl of Desmond had placed there in ambush . The Earl in the mean while made great complaints of Drury to the Deputy ; and particularly , of the Tax which they call Ceasse , which is an exaction of provision of Victualls at a certain rate , for the Deputies Family , and the Souldiers in Garrison . This Tax , not he onely , but in Leinster also many Lords refused to pay , alleadging that it was not to be exacted but by Parliament ; but the matter being examined in England , it appeared by the Records of the Kingdome , That this Tax was anciently imposed ; and that , as a certain Right of Majestie , a Prerogative Royall , which is not subjected to Laws , yet not contrary to them neither , as the wise Civilians have observed . Yet the Queen commanded to use a moderation in exactions of this nature , saying , She would have her subjects shorn , but not devoured . It was now the yeer 1577 , and the twentieth of Queen Elizabeths Raign , when Iohn of Austria , pretending to Queen Elizabeth nothing but Peace , yet is found to deal secretly with the Pope , to peprive her of her Kingdome , and himself to marry the Queen of Scots , and invade England : of which his practices the Prince of Orange gives Queen Elizabeth the first intelligence . Whereupon ( finding his deep dissembling ) she enters into a League with the States , for mutuall defence both at Sea and Land , upon certain Conditions ; but having concluded it ( because she would not have it wrongfully interpreted , as though she meant to foster a Rebellion in the Netherlands ) she sent Thomas Wilkes to the King of Spain with these Informations ; That she had alwayes endeavoured ●o keep the Low-Countryes in obedience to the King of Spain ; had perswaded ( even with threatnings ) the Prince of Orange to accept of Peace ; but withall , if the King of Spain would have his Subjects obedient to him , she then requests him to restore their Priviledges , and to remove I●hn of Austria from the Government , who not onely was her deadly enemy , but laboured by all means to bring the Netherlands into utter servitude . If this be granted by the King of SPAIN , she then faithfully promiseth , That if the States perform not their Allegiance to him , as by their Promise to her they are engaged to doe , she will utterly forsake them , and bend her self with all her Forces to compell them . While Wilkes in Spain unfoldeth the●e matters , Iohn of Austria sendeth to Queen Elizabeth , in most grievous manner accusing the States for disobedience , and making a large declaration of the causes for which he had taken up Armes again . Thus Queen Elizabeth ( like a fortunate Princesse ) sate as an Honourable Arbitresse between the Spanish , the French , and the States ; insomuch that it was not untrue which one wrote , That France and Spaine were Ballances in the Scale of Europe ; and England the Beame to turne them either way ; for they still got the better , to whome she adhered . About this time , when the Judges sate at the Assizes in Oxford , and one ●owland I●nkes a Book-seller was questioned for speaking approbrious words against the Queen , suddenly they were surprised with a pestilent favour ; whether rising from the noysome smell of the prisoners , or from the dampe of the ground , is uncertaine , but all that were there present , almost every one , within forty hours died , except Women and children ; and the Contagion went no further . There died Robert Bell Lord chief Baron , Robert D'Oylie ; Sir William Babington : D'Olye Sheriffe of Oxford-shire , Harcourt , Weynman , Phetiplace , the most noted men in this Tract ; Barham the famous Lawyer ; almost all the Jurours , and three hundred other , more or lesse . This yeer the title of the Lord Latimer , ( which had flourished in the Familie of the Nevills , ever since the dayes of King Henry the sixth ) was extinct in Iohn Nevill , who died without issue male , and left a faire estate to four daughters , whereof the eldest marryed Henry Earl of Northumberland , the second , Thomas Cecill , who was afterward Earl of Exceter ; the third , Sir William Cornwallis ; and the fourth Sir Iohn Daverse . In Ireland the O-Moores and O-Conors , and others , whose Ancestours the Earl of Sussex in Queen Maries dayes , had for their rebellion , deprived of their Patrimonie in Loyse and Oph●li● , did now break forth into a new Rebellion , under the conduct of Rori● Oge , that is , Roderick the younger : set on fire the village of Naasse , assault L●chlin , from whence being driven back by the valour of George Care● the Governour , he was afterward slain . Out of England at this time there went into the Low-countries , Iohn North , the Lord Norths eldest sonne● Iohn Norris , second son to the Lord Norris , Henry Cavendish , and Thomas Morgan Colonells , with many voluntaries , to learn Militarie experience . Thither also came Caesamire the Elector Palatines sonne , with an Army of German Horse and foot , at the Queenes charges : upon the●e Don Iohn , assisted by the Prince of Parma , Mondragon , and other the best Commanders of Spain , confident of victorie , flyeth furiously , before they expected him , yet after a long fight , was forced to retreat ; but then turning again , and thinking to breake through the Hedges , and Brakes where the English and Scottish voluntaryes had placed themselves , was again repulsed ; for the English and Scottish were so hot upon the matter , that casting away their garments , by reason of the hot weather , they fought in their shirts , which they made fast about them . In this battell N●●●●● fought most valiantly , and had three horses s●ain under him , as also 〈◊〉 the Scot , Bingham , and William M●r●ham . Now for comfort ●o the afflicted Provinces , there came at that ●●me into the Netherlands , the Count Sw●●zenberg from the Emperour , M●nsie●● Be●●●●●re from the French King , and from the Queen of England , the Lord Cobham and Wal●ingham , with Commission to procure conditions of Peace , but returned without doing any thing , for that Don Iohn refused to admit the Pro●estan● Religion , and the Prince of Orange refused to return into Holland . About this time Egr●m●●d R●●cliffe , son to Henry Earl of Susse● , by his second wife , who had been a prime man in the rebellion of the North , and served now under Don Iohn , was accused by the English fugitives , that he was sent under hand to kill Don Iohn ; which ( whether true or false ) he was thereupon taken and put to death . The Spaniards have affirmed , That Ratcliffe at his last end , confessed voluntarily , That he was freed out of the Tower of London , and moved by Walsinghams large promises , to do this Fact ; but the English that were present at his death , deny that he confessed any such thing , though the English Rebells did all they could to wrest this confession from him . At this very time , Don Iohn , in the flower of his age , died of the Pestilence , or ( as some say ) of grief , as being neglected by the King of Spain his brother ; a man of an insatiable Ambition , who aymed first at the Kingdom of Tunis , and after , of England ; and who , without the privity of the French King , or King of Spain , had made a league with the Guises , for the defence of both Crowns . Alanson , although very busie about the Belgick War , yet now began again to pursue the Marriage with Queen Elizabeth ; for renewing of which suit , first was Bachervyle sent to the Queen ; and soon after Ramboulet , from the French King ; and within a month after that , Simier , a neat Courtier , and exquisitely learned in the Art of Love , accompanied with a great number of the French Nobility ; whom the Queen at Richmond entertained in such loving manner , that Leicester began to rage , as if his hopes were now quite blasted . Certainly a little before , when Ashley , a Lady of the Queens Bed-chamber , mentioned the Earl of Leicester to her for husband , she , with an a●gry countenance , replyed , Dost thou think me so unlike my self , and so forgetfull of Majestie , as to prefer my servant , whom I my self have advanced , before the greatest Princes of the Christian world ? But it is now time to return to the Scottish Affairs . The Earl of Morton , Regent of Scotland , though a man of great wisedome and valour , yet was now so overcome of covetousnesse , that he grew universally hated ; and thereupon , with the joynt consent of the Nobility , the Administration of the Common-wealth was translated to the King , though he was yet but twelve yeers old , and twelve of the chief Lords were appointed to attend him in Councell , three of them by course for three months ; amongst whom , the Earl of Morton for one , that they might not seem to cast him quite off . The King having taken upon him the Administration , sent presently the Earl of Dumformelin to Queen Elizabeth , acknowledging her great deserts towards him , and requesting to have the Treaty of Edinburgh , agreed on in the yeer 1559 , to be confirmed , for the more happy restraining the robbers about the borders ; and withall , That his ancient Patrimony in England ; namely , the Lands granted to his Grand-father Ma●●hew , Earl of Lenox , and the Countesse his Grand-mother , might be delivered into his hands● who was the next Heir . The Queen readily promised the former demands , but stuck a little at the last , concerning the Patrimony ; For she would not grant , That Arbella , the daughter of Charles the King of Scots Unkle , Born in England , was the next Heir to the Lands in England ; neither would she grant the Ambassadours proof out of History , That the Kings of Scots , born in Scotland , did anciently ( without question ) hold the Earldome of H●ntington by Right of Inheritance . Yet she commanded a Sequestration to be made of the Revenues of those Lands , by B●rleigh Master of the Wards ; and willeth the King , That out of the goods of the Earl of Lenox in Scotland , satisfaction might be made to his Grand-mothers Creditors here . For she too● it in ill part , that the King had recalled the In●●o●●ment of the Earldom of Lenox ( made to his Unkle Charl● and his Heirs ) after the death of Charles , to the prejudice ( as was suggested to her ) of Arbella ; although indeed , it be a Priviledge of the Kings of Scotland , That they may recall Donations made in their minor●ty . The Earl of Morton in the mean while , not enduring the disgrace to be outed of his Regency , regarded not the prescript Form of Government lately set down , but drew the Administration of all matters to himself , and kept the King in his own power , at the Castle of Sterling , admitting none to his presence , but whom he pleased . At this presumption , the Lords growing angry , made the Earl of Atholl their Captain , and in the Kings Name levyed a great Army , and were ready to encounter Morton ; but by the intercession of Robert Bowes , the English Ambassadour , they were stayed from fighting ; and Morton presently betook himself home , and the Earl of Atholl soon after died , not without suspition of being poysoned . At this time the King of Spain , and Pope Gregory the thirteenth , held secret Consultation , to invade at once both England and Ireland , and to work the absolute ruine of Queen Elizabeth ; The Pope to gain the Kingdom of Ireland for his son Iames Buen of Compagno , whom he had made Marquesse of Vincola . The King of Spain secretly to relieve the Irish Rebells , as Queen Elizabeth did the Dutch , while friendship in words was upheld on both sides : and being known , That the greatest strength of England consisted in the Navy Royall , and Merchants Ships , it was advised , that the Italian and Dutch●Merchants should hire these Ships for long Voyages ; to the end that while they were absent , the Queens Navy might be surprized with a greater Fleet : and at that time Thomas Stukeley , an English fugitive , should joyn himself to the Irish Rebells with new Forces . For he making great boast , and promising the Kingdom of Ireland to the Popes bastard son , had so insmuated himself into grace with the ambitious old man , that he adorned him with the Titles of Marquesse of Leinster , Earl of Wexford and Caterlogh , Viscount M●rogh , and Baron of Rosse ( the principall dignities of Ireland ) and made him Commander over eight hundred Italian Souldiers , to be employed in the Irish War. With which Forces Stuckeley setting Sayl from 〈◊〉 Vecchia , arrived at length in Portingall , where he and his Forces● were by the divine providence , diverted another way . For S●●a●●ia● King of Porti●gall ( to whom the chief Command , in this Expedition against England was assigned ) being first to dispatch a War in Africa , in Ayd of Mahomet Abdall , son to the King of Fesse , perswaded Stukeley to go along with him into Maure●ania , together with his Italian Souldiers ; and then afterward they would go together against Ireland : To this motion Stukeley soon agreed , and therein agreed with his destiny ; for in that memorable Battell where three Kings were slain , both he and Sebastian lost their lives . At this time Sir Henry Sidney ( who had been Deputy of Ireland at severall times eleven yeers ) delivered up his Deputy-ship to Sir William Drury , President of Munster : Such a Deputy , for good Government , that if any have equalled him , none have exceed him . It was now the yeer 1579 , and the two and twentieth yeer of Queen Elizabeths Raign ; when Iohn Casimire , son of Frederick the third , Count Pala●ine of the Rhyne , came into England ; where , after he had been entertained with Tiltings and Justs , made Knight of the Garter ( the Queen tying the Garter about his leg ) and rewarded with a yeerly Pension , he returned . And now was Alexander ●●rnise , Prince of Parma , made Governour of the Netherlands by the King of Spain : and Queen Elizabeth supplied the States with a great Sum of money ; for which William Davyson brought into E●gland the ancient precious Habilliments of the Family of Burgundy , and their costly Vessells , laid to pawn by Matthew of Austria and the States . Si●ier in the mean time herein England , cea●eth not by all amorous devices to perswade the Queen to marry Alanson ; wherein he drew her so far , that the Earl of Leicester gave ou● , He crept into the Queens affection by love Potions and unlawfull Arts : and Simier on the other side endeavoured by all means to cast down Leicester , discovering his mariage with the Earl of Essex widdow , whereat the Queen grew so angry , that she consined him to the Castle at Greenwich , and had meant to have him Committed to the Tower , but that the Earl of Sussex ( though his greatest Adversarie ) disswaded her : telling her that none ought to be molested for contracting lawfull Matrimonie . But Leicester notwithstanding was so provoked for his confining , that he was bent to revenge it , and if it be true , as some said● he had suborned on Teud●r a Yeoman of the Guard to murder Simier , sure it is the Queen by Proclamation commanded that no person should offer injury to the Embassadour or any of his servants . At which time it fell out that as the Queen , together with Simier , the Earle of Lincolne , and Hatton Vice-Chamberlaine were rowed in a barge to Greenwich , a young man shooting off a Harquebus out of a boate , shot one of the rowers in the Queenes Barge thorough the arme with a bullet , who was presently taken and ledde to the Gallowes , but upon solemne Protestation , that he did it unwillingly , and out of no malicious Intent , he was let go and Pardoned . Some would have perswaded the Queen that was purposely suborned to shoote either her or the French Embassadour : but she was so far from suspecting her Subjects ; that she would often say , She would not believe any thing against them which a mother would not believe against her children . After a few dayes Alanson himself came privately into England with only on or two attendants , and came to the Queen at Greenwich , at a time when she thought not of it ; they had secret conference together , all parties being sent away , after which , being seen of very few , he returned home ; but within a moneth or two after the Queen enjoyned the Lord Burleigh treasurer , the Earle of Sussex , Leicester , Hatton and Walsingham , seriously to weigh both the dangers , and the Commodities likely to arise from the marriage with him , and to consult with Simier concerning the marriage Covenants . As in England there was some feare of this Frenchman : So in Scotland at this time of another Frenchman , called Esme Steward , Lord of Aubigny , who came now into Scotland to visit the King his cosen . He was the sonne of Iohn Steward brother to Matthew Steward Earle of Lenox the Kings grandfather , and had denomination from Aubigny in France , which title Charles the seaventh King of France had antiently conferred upon Iohn Steward of the Familie of Lenox , who being constable of the Scottish Army in France , vanquished the English in one battile , and was slain by them in another : and from that time the title belonged to the younger descent of that house . This Esme Steward , the King embraced with exceeding great love , made him Lord Chamberlaine of Scotland , and Captain of the Castle of Dumbriton , and created him first Earle and then Duke of Lenox . The feare from this man was ; because he was deuoted to the Guises and the Popish religion , and that which encreased the feare from this man ; because he applied himselfe to Mortons adversaries , and mediated to have Thomas Carre Lord of Fernishurst called home , who of all men was most addicted to the Queen of Scots . About this time Queen Elizabeth , at the request of William Harbou●ne an Englishman , procured a grant from the Turkish Emperour for the English merchants to exercise free traffick in all places of his dominions , as well as Venetians , Polanders , and other neighbouring Nations ; whereupon they set up first the Companie of Turkie Merchants , managing a most gainfull Trade at Constantinople , Alexandoria ; Egypt , Aleppo , Cyprus , and other parts of Asia , bringing home Spices , Perfumes , unwrought Silks , Tapistry , Indico , Corrants , and the like . This yeer died Sir Nicholas Bacon , Lord Keeper of the Great Seal ; but who , by vertue of an Act of Parliament , alwayes exercised the Jurisdiction of Lord Chancellor ; a very fat man , but singularly wise , and a chief prop of the Queens Privy Councell : In whose place succeeded Sir Thomas Bromley , the Queens Solicitor , with the Title of Lord Chancellor of England . In Ireland at this time , in the Province of Munster , Iames Fitz Morris kindled a new fire of Rebellion ; for after his former submission upon his knees , vowing all Obedience to the Queen , he stole away into France , and promised the French King , if he would lend him assistance , to make him King of Ireland . But being by him slighted , he went into Spain , and made the like offer to the King there . The King of Spain sent him to the Pope , from whom ( by means of Nicholas Sanders , an English Priest , and Alan an Irishman , both Doctors of Divinity ) he obtained a little money , a Legats Authority for Sanders , a consecrated Banner , and Letters of Commendation to the Catholike King. And returning from Spain with those Divines , three Ships , and a few men , he landed at Smerwick Kerry , a Demy Island in the West part of Ireland , about the first day of Iuly , where ( the place being first of all consecrated by the Priests ) he built a Fort , and brought the Ships close under it ; but these were presently set upon and carryed away , by Thomas Courtney , and thereby the Spaniards deprived of their opportunity of coming thither by Sea. But now Iohn and Iames , brothers to the Earl of Desmond , gathering together a small number of Irish , joyn themselves presently with their kinsman Fitz Morris . Yet the Spaniards seeing that but a very few Irish , and those unarmed , came unto them , they began to distrust the estate they were in , and to cry out , That they were undone ; whom Fitz Morris heartened the best he could , telling them that Supplyes were presently to come . And going himself to get more company , he passed thorow the Land of his Cosin William a Burgh , who though he had been a Rebell before , yet was now grown loyall , so as there fell out a Skirmish between them ; in which Fitz Morris being strucken thorow with a Pike , and shot into the head with a Leaden Bullet , died in the place , and most of his Company with him ; but withall , two of William Burghs sons were in that Skirmish slain also ; when the Queen , to comfort him for the losse of his sons , adorned him with the Dignity of Baron of Castle Conell , and rewarded him with a yeerly Pension besides : which favours so overwhelmed him with joy , that he lived but a short while after . And now Sir William Drury the Deputy growing very sick , appointed Sir Nicholas Malby then Governour of Connaght , to be President of Munster , and Generall of the Army ; at which time , the Earl of Desmond , who had all this while made a shew of Loyalty , breaks openly ou● into Rebellion ; when now Drury the Deputy dying at Waterford , and by his death Malbyes Authority ceasing , Sir William Pelham is by the Counsell chosen Justice of Ireland , with Authority of Vice-Roy , untill such time as a Deputy were appointed , and the Earl of Ormond is made President of Munster . Pelham goeth into Munster , and sendeth for the Earl of Desmond , who refusing to come , is thereupon proclaymed Traytor , and an enemy to the State ; and this being published , the Justice committed the following the War to the Earl of Ormond , who slaying most of the Spaniards , and adherents to Desmond , compelleth him to send his wife to the Justice , to beg his pardon . The Lord Justice Pelham now certified , that Arthur Lord Grey was landed with authority to be Deputy of Ireland , at Munster delivereth the Army to George Bour●hier , the son of Iohn , second Earl of Bathe , of that name , and himself returneth to Dublin , to deliver up the Province to his Successor . The Lord Grey at his landing , before he received the Sword , hearing where the Rebells had their Randevouz , marcheth towards them , who presently betake themselves to Glandilough , a grassie Valley , and beset thick with Trees , where they who dwell neer , scarce know the winding out ; yet the Deputy ( taking one C●sbie an old man , well acquainted with the place , to be is leader ) entred into it , where he lost divers of his men ; namely , Peter Carew the younger , George Moore , Audeley , and Cosbie himself th●t was his Leader . A short time after , there landed at Smerwick in Kerry , under the command of San Ioseph an Italian , about seven hundred Italian souldiers , who fortifie the place , and name it Fort del Or. Whereupon the Deputy sent a Trumpetter to the Fort to demand who they were , what they had to do in Ireland , and who sent them ; withall commanding them to depart immediately . But they replyed , That some of them were sent from his Holinesse , other from the Catholike King , upon whom the Pope had bestowed the Kingdome of Ireland , for that Queen Elizabeth ( by reason of heresie ) hath forfeited the Right unto her ; and therefore what they had gotten , they would maintain . Upon this the Deputy prepares for Battery , le ts flie his Ordnance four dayes together ; in which time the Spaniards once or twice make sallyes out , to their own losse much , but not an English-man slain , but onely Iohn Cheek , a couragious young Gentleman , son to Sir Iohn Cheek , a learned Knight . And now San Ioseph , who commanded the Fort , a white-liver'd souldier , terrified with the continuall Battery , and having no hope of relief , either from the King of Spain , or Desmond ( contrary to the will of all his souldiers ) he set up a White Flagge , and desired Parlee , but Parlee was denyed , because he had combined with Rebells , with whom it is not lawfull to hold Parlee . Then he demanded that his Company might passe away with their Baggage , but neither would this be granted . Then he required ●hat some of the chiefer sort might have leave to depart ; but neither could this be obtained . At last , when they could prevail in nothing , they hanged out the white Flagge again , and submitted themselves absolutely , without any condition , to the Deputies mercy , who presently consulteth how to deal with them , and this was the Case ; Their number was well neer as great as the English ; there was present fear of danger from the Rebells ; and the English were so destitute of meat and apparell , that they were ready to mutiny , unlesse they might have the spoyl granted them ; and besides , there were no ships neither to send them away if they were spared : For these Reasons it was concluded ( the Deputy gain-saying , and letting tears fall ) That onely the Leaders should be saved , the rest all slain , and all the Irish hanged up ; which was presently put in execution ; to the great disliking of the Queen , who detested the slaughter of such as yeelded themselves , and would accept of any excuses or allegations . And yet more cruelty then this was at that time committed in the Netherlands ; for Iohn Norris , and Oliver Temple , English Commanders , together with some Companies of Dutch , setting out early one morning , took Mechlyn a wealthy Town of Brabant , at an assault with ladders , where they promiscuously murthered both Citizens and Religious Persons , offering violence even upon the dead , taking away Grave-stones , which were sent into England to be sold. About this time certain English Priests , who were fled into the Netherlands , in the yeer 1568 , by the procurement of William Allen , an Oxford Schollar , joyned themselves to study at Doway , where they entred into a Collegiate Form of Government ; to whom the Pope allowed a yeerly Pension . But tumults arising in the Low-Countries , and the English Fugitives being commanded by the King of Spains Deputy to depart from thence , other the like Colledges , for the trayning up of the English youth , were erected , one at Rheims by the Guises , and another at Rome by Pope Gregory the thirteenth , which alwayes afforded new ●upplyes of Priests for England , when the old fayled , who should spread abroad the seeds of the Romish Religion here amongst us ; from whence , those Colledges had the name of Seminaries , and they called Seminary-Priests who were trayned up in them . In these Seminaries , amongst other Disputations , it was concluded , That the Pope hath such fulnesse of Power , by Divine Right , over the whole Christian world , both in Ecclesiasticall and Secular matters , that by vertue thereof , it is lawfull for him to excommunicate Kings , absolve their subjects from their Oath of Allegiance , and deprive them of their Kingdoms . From these Seminaries at this time , there came two into England , Robert Parsons , and Edmund Campian , both of them English-men , and Jesuites . Parsons was born in Somerset-shire , a fierce and rough conditioned fellow ; Campian was a Londoner , of a milder disposition . They had been both brought up in Oxford ; Campian a Fellow of St. Iohn's Colledge , and had been Proctor in the yeer 1569 ; and when he was made Deacon , counterfeited himself to be a Protestant , till such time as he slipped out of England . Parsons was of Baylioll Colledge , where he made open profession of the Protestant Religion , till for dishonest carriage , he was expelled the House , and then fled to the Popish Party . Both these came privily into England , in the disguise one while of Souldiers , another while of Noble-men ; sometimes like English Ministers , and sometimes in the habit of Apparitors . Parsons , who was made the Superiour , brake forth into such open words amongst the Papists , about deposing the Queen , that some of themselves had a purpose to complain of him to the Magistrates . Campian , though something more moderate , yet in a Writing provoked the English Ministers to a dispu●e ; and published in Latine an Elegant Book of his ten Reasons , in maintenance of the Doctrine of the Romish Church ; as Parsons in like manner , set forth another violent Pamphlet against Clark , who had written modestly against Campians Provoca●ion . But Doctor Whitaker soundly confuted Campian , who being after a yeer apprehended , and put upon the Rack , was afterward brought out to a Disputation ; where he scarcely made good the great fame that went of him . In this yeer was the return of Captain Drake from his incredible Voyage round about the World ( which Magellan had before attempted , but died in the Voyage ) whereof to rela●e all particular accidents , would require a large Volume : It may suffice in this place , to deliver some speciall Passages . He was born of mean Parentage in Devon-shire , yet had a great man ( Francis Russell , after Earl of Bedford ) to be his God-father . His father , in K. Henry the eighth's time , being persecuted for a Protestant , changed his Soyl , and lived close in Kent . K. Henry being dead , he got a place amongst the Marriners of the Queens Navy , to reade Prayers , and afterward bound his son Fran●is to a Ship-Master , who in a Ship which went to and fro upon the Coast with Commodities , one while to Zealand , another while to France , trayning him up to pains and skill at Sea ; who afterward dying , took such a liking to him , that he bequeathed his Barque to him by his Will : This Barque Drake sold , and then in the yeer 1567 , went with Sir Iohn Hawkins into America ; in which Voyage , he unfortunately lost all he had . Five yeers after , having gotten again a good sum of Money by Trading and Pyracy , ( which the Preacher of his Ship told him was lawfull ) he bought a Ship of Warre , and two small Vessells , with which he set Sayl again for America , where his first Prize was great store of Gold and Silver , carryed over the Mountains upon Mules ; whereof the Gold he brought to his Ships , but left the Silver , hiding it under ground : After this , he fired a great place of Traffique , called , The Crosse , at the River Chiruge , when roaming to and fro upon the Mountains , he espyed the South Sea ; where falling upon his knees , he craved assistance of Almighty God , to finde out that passage , which he reserveth for another Voyage ; and for the present , having gotten much riches , he returned home . Afterwards , in the yee● 1577 , the thirte●●th day of November , with five Ships , and Sea-men , to the number of 163 , he set Sayl from Plimmo●th , for the Southern Sea , and within five and twenty dayes , came to Cantyne , a Cap● in Ba●b●ry , and then sayled along by the Isl● of F●g● , which sends forth ●●emes of Sulphur ; and being now un●e● the Line , he let every one in his Ships blood . The sixteenth of Ap●●l , entring into the mouth of the Plate● they espyed a world of Sea-Calves ; in which place Iohn-●oughty , the next to Drake in Authority , was called in question for raising Sedition in the Navy , w●o being found guilty , was beheaded . Some report , That Drake had charge given him from the Earl of Leicester ; to make away Doughty upon some pre●ence or other , for that he had said , that the Earl of Essex was craftily made away by Leicester● The twentyeth of August , two of his Ships he turneth off , and with the other three came to the Sea , which they call● The Straight of Magell●n . The sixth of September , entring into the wide Southern Ocean , which they call● The Pacifique Sea , he found it out of measure troublous , so that his Ships were here by Tempests dispersed ; in one of which , Iohn Winter was Master , who returned back into England ; Drake himself , with onely one Ship , coasted along the Sho●e , till he came to the Isle Mo●cha , from whence loosing , he lighted upon a fellow fishing in a little Boat , who shewed him where a Spanish Ship laden with Treasure ●ay ; Drake making towards it ; the Spaniards thought him to be their owne Country man , and thereupon invited him to come on ; but he getting aboord presently shut the Spaniards ( being not above eight persons ) under ●atches , and took the Ship , in which was four hundred pound weight of gold . At Taurapasa , going again on shoar , he found a Spaniard ●leeping by the Seaside● who had lying by him twenty bars of mass●e Silver , to the value of four thousand Duckats , which he bid his follower● take amongst them , the Spaniard still sleeping . After this , going into the Port of Africa , he found there three Vessels without any Marriners in them ; wherein , besides other wares , were seven and fifty silver bricks , each of which weighed twenty pound ; From hence , Tyding it to Lime , he found twelve Ships in one Road , and in them great store of Silks , and a Chest full of money coined , but not so much as a Ship-boy aboord ; ( such security there was in that Coast : ) Then putting to Sea with those Ships , he followed the rich Ship called Cacofoga● and by the way met with a small Ship , without Ordnance or other Arms , out of which he took fourscore pound weight of gold , a golden Crucifix , and some Em●aulds of a fingers length . The first day of March , he overtook the Cacofoga , set upon her , and took her● and in her , besides jewels , fourescore pound weigh● of gold , thirteen Chests of silver ready coyned , and as much silver as would ballast a Ship. And now thinking he had gained wealth enough , he resolved to return home● and so on the third of November 1580. he landed at Plimmouth , having sayled round about the World , in the space of three years ; to the great admiration of all that know what compasse the World is of . The Queen welcomed him home , but made a sequestration of the goods , that they might be ready if the King of Spain required them ; and commanded the ship to be drawn on shoar neer Detford for a monument ( where the carkasse of it is ye● to be seen ) and her selfe feasted in it , at which time She Knighted Captaine Dr●ke . But Bernardine M●ndoz● , the KING of Spaines Embassadour in ENGLAND began to rage ; and earnestly demanded Restitution of the Goods , and complained , that the ENGLISH sayled upon the INDIAN Sea. To whom it was answered , That the goods were sequestred , and ready to make the King of Spain satisfaction , although the Queen had expended against the Rebells , whom the Spaniard had excited in England and Ireland , more money then that which Dr●ke brought home . And as for sayling on the Indian Sea● that it was as lawfull for the Queens subjects as his , seeing the Sea and the Ayr are common for all to use . Notwithstanding , to Pedro S●●●●a , the K●ng of Spain's Agent in this businesse , a great sum of money was re-paid● which was not ●estored to them ●o whom it belonged , but employed to the Spaniards Wars in the Low-Co●●●ries , as was known after● when it was too late . But at this time , when Iackman and Pett , two skilfull Pilots , were sent forth with two Ships by the Londoners , to finde out ● shorter cut to the East Indies , by the North-West Passage ; they had not the like successe ; for a few Leagues beyond the Isles of ●aygat● , they met with such uncertain Tydes , so many Shallows , and such Mountains of Ice , that ●hey could go no further , and had much ●do to return home . About this time , Henry Fitz Allen , Earl of Arundel died , in whom the Sirname of a most Noble Family ended , which had flourished in this Honour for above three hundred yeers , from Richard Fitz Alan ; who being descended from the Al●anets ( ancient Earls of Arundel and Sussex , in the Raign of King Edward the first ) obtained the Title of Earl , by re●so● of the possession of Arundel Castle , without Creation . He had ●hree daughters by his wife Katherine , daughter to Thomas Grey , Marquesse of Dorset , all whom he out-lived ; H●nry , a young man of great hope , who died at Brussells ; Ioan , wife to the Lord Lumley ; and Mary , who being marryed to Thomas Howard , Duke of N●●folke , brought forth Philip , in her Right , Earl of Arundel . In Ireland , Arthur Lord Grey the Deputy , going against the O Conors , who ●aised stirs in Ophalie , putteth to death Hugh O Moley , quieteth all that Quarter , even the Families of the Mog●hig●ns , and O Charles , and in the very beginning suppresseth a conspiracy which was breaking forth , by putting to death the Lord N●g●n●● who being confident in his own innocency , when the Deputy promised to save his ilfe , if he would but confesse himself guilty , chose rather to die and be held guiltlesse , then to live in infamy , by betraying his own Innocency . With whose death the Queen was extremely displeased , as by which she was made a Patronesse of cruelty , to her great dishonour . But the Deputy knew with what kinde of people he dealt , and by this example of severity , brought Turl●gh Leymigh to accept conditions of Peace ; and the O B●i●s , and Cavenaghs ( rebellious Families in Leinster ) humbly to crave Peac● also , and to offer Hostages . In Scotland at this time , great jealousie was ●ad of Lenox , Lord of Obig●y , lest , being in so great favour with the King , he should allure him to marry into France , and bring into Scotland the Popish Religion . Whereupon ( although he purged himself by Letters to Queen Elizabeth , and proferred himself to be a Protestant ) yet many courses were taken to sequester him from the King● but so far from taking effect , That on the contrary , the Earl of Morton ( who among all other was most addicted to the English ) was soon after accused of Treason by the Earl of Arran , and cast into prison● and not long after ( notwithstanding all the means the Queen could use to save him ) was beheaded , as convicted to be accessary to the murder of the Kings Father . Whereupon the Earl of Angus , and other , who laboured for M●rt●● , fled straightwayes into England . In the Low-Countries about this time , the Count Rheinberg proceeded victoriously for the King of Spain , and beleaguer'd St●nwick in Freezland ; against whom the States sent Norris Generall of the Field , who put the ●●einburghs Company to the worst● and raised the Siege : but afterward 〈…〉 with Verdugo the Spaniard at N●rthone , even when the Vi 〈…〉 gotten ( Roger Williams having put the enemies to flight ) 〈…〉 of the War turned , Norris is vanquished , wounded , and a great 〈…〉 his men slain ; amongst whom were Cotton , Fitz● Williams , and 〈…〉 Commanders . Here it must not be omitted● That the English 〈…〉 the dwellers in the Northern parts of the World , were hither 〈…〉 Drinkers , and deserved praise for their sob●iety ) in these Dutch 〈…〉 to be Drunkards ; and brought the vice so far to over-spread 〈…〉 ●ome , that Laws were fain to be enacted for repressing it . 〈…〉 whilst the States and the King of Spain con●end about a few 〈…〉 the Low-Countries , he seizeth upon the whole Kingdom of Por●●● 〈…〉 For the last yeer , Henry , King of P●●tingall dying , many Compe 〈…〉 allenge the Kingdom ; as the Duke of Savoy ; the Prince of Par 〈…〉 Natharine Bracant , and the Queen of France . But Philip King of 〈…〉 son of Henries eldest sister , putting the case to his Divines and 〈…〉 and adjuring them to pronounce to whom of Right it belonged , 〈…〉 , For him : whereupon he sent Duke D'Alva , who put to 〈…〉 ●●tonio , whom the people had elected King , and within seventy dayes 〈…〉 all Portingall . The Queen of France angry hereat , and enviously be 〈…〉 the King of Spain's Dominions thus enlarged ( being now Master 〈…〉 gall , the East Indies , and many Islands besides ) adviseth , amongst 〈…〉 P●●●ces , Queen Elizabeth , to bethink themselves in time , of restrayn 〈…〉 ●o excessive Dominions . Whereupon the Queen received Don 〈◊〉 , and l●vingly relieved him , which she thought might be done without 〈…〉 breath of the League with Spain , seeing Don Antonio was descended of 〈…〉 Blood , and of the House of Lancaster ; and that no Cau●ion was 〈…〉 ●eague ; That the Portuger should 〈◊〉 be admitted into England . And now the Queen-Mother of Frano● , and the King her son , mo●e 〈◊〉 then ever , pursue the Ma●ch with Alanson , now Duke of A●gio● ; 〈…〉 transacting whereof , they sent in Ambassage into England● Francis 〈◊〉 , Prince of C●sse● Marshall of France , and many 〈◊〉 Hono●rable Personages , who were entertained with great respect ( a 〈◊〉 being purposely built at Westminster for that use , Royally furnished ; ●●tings and Justs proclaimed , by Philip Earl of Arundel , Frederick Baron 〈◊〉 Windsor , Sir Philip Sidney , and Sir Fulk Grevill , against all come●s● The ●●●●gates that were to confer with the French concerning the Marriage , 〈◊〉 Sir William Cecill Lord Treasurer ; Edward , Earl of Lincoln , Lord Ad●●●●ll ; Robert Dudley , Earl of Leicester ; Sir Christopher Hatton , and Sir 〈◊〉 Walsingham , Secretary● by whom , Covenants of Marriage were at ●●th agreed on ; First , That the Duke of Angio● , and the Queen of Eng●●●● , within six weeks after the ratification of the Articles , should contract ●●trimony● and the rest , most of them such as were before agreed on , in the ●arriage between Queen Mary and King Philip , chiefly consisting in confer●●ng Honour upon the Duke , but Power upon the Queen . It was also ar●●ed , That all pa●ticulars should be ratified within two Months● by the ●●●thfull Promise and Oath of the French King , for him and his Heirs , and ●eservation also was added apart , with the Hands and Seals of every 〈◊〉 〈…〉 Delegates , That Queen Elizabeth is not bound to finish the Marriage , ●●till she and the Duke have given each other satisfaction in some 〈◊〉 , and have certified the French King of the same within six we●ks● Be●ore those six weeks were expired , Simier , Secretary to the Cou●●●ll , is 〈◊〉 into France , to require the King of France his Confirmation● The 〈◊〉 will not hear him , but presseth to have the Marriage accomplished , 〈…〉 was contracted , and that nothing else was to be done . ●i●●ier on the 〈◊〉 side , sheweth by the Articles , That a League offen●●●e and defensive 〈◊〉 first be concluded : This the French King disclayme●h : Whereupon W●lsinghams is presently sent ●o compose this differan●e , who joyntly with Henry C●bham , the Embass●●our in ordina●●●● and Simier , alleadgeth to the French King these Partic●l●●s , That Queen Elizabeth for no other reason was willing to marry , but for the ●atisfaction of he● people ; and seeing many Impediments were come in the way since the first Treaty , namely the Civill Warre in Franc● and the Dukes engagement in a war with Spain , w●● makes the wi●est of her subjects to be now against the Ma●ch . This hath made her to deferre the accomplishment of it , although her affection be still constant toward the Duke● For this cause the Queen would have no further Treaty to be held● till the French Duke be freed from the Spanish warre , and a Leauge of mutuall offe●●● and defence be agreed on . The French King willingly accepted of ●●e L●agu● defensive ; but of the offensive he would heare no speech , till th● marriage were finished . No● long aft●r● the French D●k● himself came into England , having with good successe raised the Si●ge of C●●bray ; he was here received with as great humanity as he cou●● w●sh , and nothing omitted● where by he might judge himsel● to be truly welcome . Insomuch th●● in November , when the Anniversari● of the Qu●●●s Inauguration came to be solemnized , the Q. ( while they were in Love conference ) drew a Ring off from her finger , and put it upon his , upon some private conditions . The standers by imagined , that by this Ceremonie the Marriag● was confirmed between them ; and Aldeg●nd Governour of Antwerp being there , presently dispatched messengers into the Low-Countries● to give notice of it ; and thereupon Bonfires were made , and all shewes of Rejoycing● But the Earl of Leicester ( who priv●ly plotted to crosse the Ma●ch ) H●●ton the Vice-Chamberlain , and Secretary Walsingham , fr●● and are enraged , as if the Kingdom , the Queen and Religon , were now utterly ov●●throwne . The Maids of Honour , and Ladi●s that were familiar wi●● th● Queen , made grievous lamentation , and so 〈◊〉 and daunted her , that she could take no rest that night . The nex● day● she calleth to her the French Duke , and causing all companie to go aside , they privately ●n●er●ain a long discourse . At length the Duke returning to his lodging , cast the Ring away from him , and after a while takes it up again , terribly exclayming against the Levity and inconstancie of Women . The Queen at this time was much troubled at a Book lately put forth , with this Title , The Gulph wherein England will be swallowed , by the French Marriage : whereof , conceiving that some Puritan was the Author , it made her highly displeased with the Puritans : whereupon within a few dayes , Iohn Stubbes of Lincolnes-Inne , a Zealous Professour , and the Author of this booke , ( w●ose sister , Thomas Cartwright , the father of the Puritants , had married ) William Page that dispersed the copies , and Singleto● the Printer , were apprehended● against whom Sentence was pronounced , That their Right hand should be cut off● by vertue of a Law made in the Raigne of Phillip and Ma●ie , against the A●thors and dispersers of Seditious Writings ; ( though the cheife Lawyers and Judges of the Kingdom could not agree concerning the f●●ce of that S●a●ue : ) Hereupon Stub●●s and Page were brought to the Scaff●ld , made of purpose , in the Market place at Westminster , and their right hands , with a Butchers knife and a malle● , cut off by the wrest ; the Printer was p●●doned● At that time , Stubbs when his right hand was cut off , uncovered his head with the left , and cried out , God save the Queen , to the great amazement of all the beholders . At this time the Queene , upon importunate suite of her Counsell , gave way , ●hat Edmund Campian , Ralph Sherwin , and Alexa●der Bryant , Priests , should be called to the ●arre , who being accused by vertue of a Law made in the five and twentieth yeare of King Edward the Third , to have plotted the ruine of the Queene and Kingdome ; to be adhering to the Pope , the Queens enemy , and coming into England , to raise Forces against the State , were then condemned of High-treason , and accordingly executed . Campian after he was convicted , being demanded ; First , whether Queen Elizabeth w●re a lawfull Queen ? would make no answer ; afterward , Whether he ●ould stand for the Queen , or for the Pope , if he should send an Army against the Queen ; he plainly professed , That he would be of the Popes side , ●nd witnessed so much under his hand . After this , some other Papists upon the like occasion were also put to death , which the Queen rather necessa●ily , than willingly assented to , as being unwilling to force the conscience of any . These , and the like exorbitancies of Papists , were cause , that new ●●d strict Laws were enacted against them the Parliament following , which began the next Ianuary . The French Duke after three moneths abode in England , took his journey in February , into the Low-Countries , whom the Queen her self brought on his way as far as Canterbury● and then commanded the Earl of Leicester , the Lord Charles Howard , Hunsdon , Willoughby , Windsor , Sheffield , Sir Philip Sidney , Sir Francis Russell , Sir George Bourchier , and some other prime knights , to accompany him to Antwerpe , where he is made Duke of Brabant , Limb●●rg , and Lorraine ; for the Dutch had long before removed the King of Spains Government , and quitted the people from their oath of Allegiance , that it might be in their power to choose any other Prince . He●e the Duke of Anjou gave free leave to exercise the Roman Religion , to as many as would swear Fealty to him , and abjure the King of Spains authority : but ●fter all , having spent a great masse of money , with which he was supplied from England ; and observi●g , that only vain and empty titles were conferred upon him , while the States held all the Dominion in their own hands , he rashly enterprized an assault upon Antwerpe , and some other Towns , and shortly departed without any great matter performed . At this time Queen Elizabeth , as well to get her some friends , as she had procured her selfe many enemies ; received into the Order of t●e Garter , Fredericke the Second King of Denmarke ; to whom she employed Sir Peregrine Bertye ( whom she had lately made Lord Willoughby of Eresby ) to Invest him . But now to prevent the Duke of Guyses designe in Scotland , which was to make use of the Duke of Lenox favour with the King , to withdraw his affection from the English : William Reuthen , whom the King had lately made Earle of Gowry , endeavoured with others , by all means to remove Lenox , and the Earl of Arran from the King ; and so , while Lenox was gone from Ferth ( where the King at that time was ) to Edinburgh , and Arran was also absent on a journey : The Earls Gowry , Marre , Lindsey , and other , taking the opportunity , invited the King to the Castle of Reuthen , and there detained him , not permitting him to walk abroad : All his trusty servants they removed from about him , Arran they cast in prison , enforced the King to call home the Earl of Angus , and to send away Lenox into France , who being a man of a soft and gentle disposition , for the Kings safety readily consented ; and not content with all this , they compelled the King by his Letters to Queen Elizabeth , to approve and allow of this his thraldome . The Queen of Scots in the mean while , bewailing her own hard fortune , and the distresse of the King her Son , layeth open the same in a large letter , written to the Queen in French : With which letter , Queen Elizabeth being somewhat affected , sent unto her Robert Beale Clerk of the Councell , to expostulate with her concerning the querulous writing , and joyntly with the Earle of Shrewsbury , to treat of the setting her at liberty . And indeed , serious consultation was held at the Councell Table about it , and the most were of opinion● that upon certain conditions she should have her liberty ; but the Scottish of the English faction opposing it , nothing was effected . Soone after this , the King sent Colonell William Steward , and Iohn Colvill to Queen Eliz●beth , profering all manner of respect and observance , and requesting her advice for quieting the tumults in Scotland , and also for his contracting of marriage . At which time , news was brough● , that the Duke of L●nox was dead in France , who departing this life ●t Paris , even at the very point of death , as oftentimes before , made open profession of the Pro●●stant Religion ; thereby confuting those who had maliciously traduced him for a Papist . After whose death , when the surprizers of the King were lift up in their own conceits , as thinking they had him safe enough . He on a sudden ( though scarce eighteen yeers of age ) with some few others , conveyed himselfe to the Castle of St. Andrews , to whom the Nobility presently repaired , bringing Armed Bands with them , as fearing some danger might befall him . Afterwards , in fair words , he advised some of his surprizers to go from the Court , for avoyding of tumults , and promised them pardon , if they wo●ld crave it . But Gowry only asked pardon , and submitted himselfe , using this distinction , That he had not offended in matter , bu● in forme onely ; and then the King sent for the Earle of Arran to the Court , and respected him as his intimate friend , imploying him to compose the differen●es amongst the Nobility , and to purge the kingdome and his own Court from civill dissensions . Whiles he is sedulous in these cares , comes Sir Francis Walsingham from Queen Elizabeth , to advise him not to be led away by evill Councellours , to the destruction of both kingdoms . He findeth the King accompanied with the flowr of the nobility , and beholdeth another maner of Majesty than he looked for in Scotland : Pla●ing Audience given him , he put the King in minde , of what the Queen out of Isocrates , in private Letters had formerly admonished him : That a Prince must be such a lover of Truth ; that more credit may be given to his bare word , than to anothers oath ; and in many words advised him , to beware now in his youth of evill Councellours , and alwayes to be like himselfe . The King answered , That he was an absolute Prince , and would not that others should appoint him Councellors whom he liked not ; but that he had long since devoted the first-fruits of his amitie to the Queen of England , his deer Sister , and doth now willingly make profer of the same . Walsingham now dealt with him farther ; not to lay to the Queens charge what broyls had lately fallen out in Scotland ; sheweth , how beneficiall to him , and to both kingdoms Amity had been hitherto , and would be in time to come also , so it were not neglected ; and that the same might the better be confirmed , if the variance between the Nobility were layd asleep , by a Law of oblivion Enacted in Parliament , The Peers which now were removed from the Court called back again , Religion looked into , and a firm League concluded between both kingdoms . The King made answer , that he gladly embraced Amity with England , and that he would constantly defend the Religion already established : Afterward he lovingly dismissed Walsingham , though he held him no good friend to him and his Mother ; and carefully looking to matters , with undestanding , even above his yeers , proposed and profered reconciliation to those that had surprized him , if within a limited time they asked Pardon ; which they were so far from doing , that the entred into new consultations to surprize him again ; whereupon they are commanded within a set time to leave the kingdom , of which number , Marre , Glames , Paslet and some other , betook themselves into Ireland ; Boyde , Zester , Weeme , Lochlevin , into the Low-Countries ; Dumfermilin into France , the Earle of Angus is confined to his Earldome , Gowry onely to his owne ruine stayeth behinde after the limited time , hatching new devises . About this time happened a difference , and thereupon a Warre , between the Emperors of Muscovia , and the King of Sweden ; when Iohn King of Sweden , doubting himself to be no fit Match for the Emperour , sent a Roy●●l Ambassage to Queen Elizabeth , requesting her to intercede for him to ●●e Emperour ; which she did without delay , and by her Ambassadour drew the Muscovian to a Peace upon reasonable Conditions . B●t the Muscovian●●ortly ●●ortly after dying , and Theodorus his Successor , granting free Traffique to ●●rchants of all Nations that would come thither ; the Queen importuned him to admit of none but English Merchants , requiring him to confirm the Priviledges which his Father had granted them : Whereto , by way of Answer , he demanded Free Trading for all the English , saying , It was not fit that a small Company should exercise a Monopoly , and all other be ●estrayned : But as for Customes , he promised to take lesse by one half of that Company , then of any other , because they first opened the way thither . The next Summer , Albertus Alasco , a Palatine of Poland , of a comely personage , and great learning , came into England to see the Queen , who was nobly entertained , both by her , and the Nobility , as also by the Scholl●rs of Oxford , with learned Orations , and other Recreations : but having ●●rryed here four Months , and run i●to much debt , he secretly withdrew himself and departed . This man I saw my self afterward in Crakow , very bare , though it was reported of him , That he had in a Dowry with a wife , fif●y Castles of great value : but what Myne can bear the charges of prodigality ? This yeer proved fatall to divers great men ; for there died this yeer , ●●●st , Thomas Ratcliffe , the third E●rl of Sussex of this Family ; a man of grea● spirit , and great faithfulnesse to his Countrey . There died also Henry Wriothsley Earl of Southampton ; one exceedingly devoted to the Romish Religion , and a great favourer of the Queen of Scots , which cost him Queen Elizabeths displeasure , and imprisonment besides . There died also Sir Humphrey Gilbert , who was cast away at Sea , in his return from the North p●rt of America , whither he lately sayled with five Ships , having sold his Patrimony , in hope to plant a Colony t●ere . There died also Edmund Grindall , Arch-●ishop of Canterbury , being blinde through age , a gra●e and pious P●elate , who stood highly in the Queens favour for a long time , till he lost 〈◊〉 last , by favouring ( as was said ) the Puritans Conventicles ; but the ●●ue cause indeed was , for disallowing the Marriage of Iuli● an Italian Physitian , with another mans wife , against the Earl of Leicester's pleasure . Grind●ll dying , Iohn Whiteguyft succeeded in the See of Canterbury , being transla●ed thither from the See of Worcester . At this time , certain popish Books written against the Queen , and Princes Excommunicate , withdrew divers from their Allegiance , and particularly , so intoxicated one Somervile , an English Gentleman , that he went privately ●o the Court , and breathing out nothing but blood and death against all Protestants , set upon one or two by the way , with his drawn Sword. Being apprehended , he stuck not to say , That he would murder the Queen with his own hands . Hereupon he , and upon his intimation , Arden●is ●is father in Law ( a man of an ancient House in Warwick-shire ) Ardens wife , their daughter ; Somerviles wife , and Hall a Priest , were brought to the Bar , and all condemned ; Somervile as principall , the rest as accessaries . Th●ee dayes after , Somervile was found strangled in the prison ; Arden was ●●●cuted and quartered ; the women and the Priest were spared . Many pi●ied the old Gentleman Arden , as misled by the Priest , and ( as it was gen●rally believed ) brought to his end through the envy of Leicester , whom he used to call Whore-master , Upstart , and many such opprobrious ●●mes . In the Netherlands , the English Garrison at Alost in Flanders being neglected , the Governour Pigot , and the other Captains , for want of pay , upon Composition , yeelded up the Town to the Spaniard , and then fearing disgrace at home , joyned themselves to the Prince of Parma ; at whose hands finding themselves slighted , by degrees they stole all away , and came all to unlucky ends . In Ireland the famous Rebell , Gyrald-Fitz Gyrald , the eleventh Earl of Desmond of this Family , having a long time in lurking places escaped the English , was now by a common Souldier found out in a poor Cottage , and slain . His head was sent into England , and set upon London-Bridge . This end had this great Lord , descended from Ma●rice , the son of Gyrald of W●ndsore , an English-man , famous amongst those who first set upon Ireland , in the yeer 1170. He possessed whole Countries , together with the County Palatine of Kerry , and had of his own Name and Race , at least five hundred Gentlemen at his command . All whom , and his own life also , he lost within the space of three yeers , very few of his House being left alive . And this disaster he fell into , by proving Trayterous to his Prince , at the instigation of certain Popish Priests . Of whom , the chief was one Nicholas Sanders an English-man , who at the same time died miserably of Famine , being starved to death , when as being forsaken , and running mad upon his ill successe , he roamed up and down the Mountains and Groves , finding nothing to sustain him . In his Scrip were found certain Orations and Letters , written to hearten the Rebells , and promising large rewards from the Pope and King of Spain . Upon the Rebells ill successe , Iames Fitz Eustace , Viscount Baltinglas , fled into Spain , where he pined away with grief . He out of zeal to the Romane Religion , a little before he had taken up Arms with the Rebells , and exhorting the Earl of Ormond his neighbour to do the like , ( who drew his Linage from St. Thomas of Canterbury ) he used these w●rds to perswade him , That if Saint Thomas of Canterbury had not dyed for the Church of ROME , thou hadst never been Earl of Ormond , for King HENRY the second , to expiate the murther of THOMAS B●CKET , gave large Lands in Ormond to his Predecessors . The beginning of the next Spring , certain Scots , together with Gowry , plotted again to surprize the King , pretending onely a care of Religion , and to remove ill Councellors from him : but the King having intelligence of their practise , used means by Colonell Steward , to have G●●ry taken and cast into prison : whereupon Marre , Glames , Angus , and other of the confederates , flie into England , and beseech the Queen to commiserate their estate , who had incurred the Kings displeasure , to do her and the Kingdom of England service . The King on the other side , accuseth them to the Queen of haynous crimes , and requires to have them delivered up into his hands . But Secretary Walsingham , who bore great good will to these men , sent Letters with a Command , That they should be safely admitted into Linds Ferme , otherwise called , The holy Island ; where Hu●sdon being Governou● there , and great addicted to the King of Scots , resisted Walsinghams Command , alleadging he could not satisfie the Secretary in this point , unlesse the Queen gave expresse Command . Hereupon grew a Dispute , Whether a Secretary of State might not transact a businesse of State , without speciall Commission from the Prince . How this Case was determined , is uncertain ; but sure it is , the Scots came not thither , though some favour they had shewed them here in England . In the mean time , Gowry was tryed by his Peers , at S●eclyn ; where , being accused of many Treasons , though he gave colourable answers to them all , yet was found guilty , condemed , and beheaded ; whose head his servants sewing to his body , committed to the Grave . About this time were practises plotted against Queen Elizabeth , in behalf 〈◊〉 the Queen of Scots , chiefly by Francis Throgmorton , eldest son of Iohn ●●●●gmorton , Justice of Chester , who came to be suspected , by reason of ●etters sent to the Queen of Scots which were intercepted . Upon his ap●●●hension , Thomas Lord Paget , and Charles Arundel , privately stole away 〈◊〉 France , grievously complaining against Leicester and Walsingham , for ●●ienating the Queen from them , and using such wiles , that scarce any m●n was able to live in safety . Henry Earl of Northumberland , and Philip Earl of Arundel , were confined to their houses , his wife committed to the ●●stody of Sir Thomas Shirley ; William Howard , the Earls brother , and He●●y Howard their Unkle , brother to the Duke of Norfolk , were examined about Letters from the Queen of Scots ; and many Statagems were set on foot , dangerous to some particular persons , but necessary ( as should 〈◊〉 ) for the Queens security . Certain it is , That now the malice of the Papists against the Queen , brake forth more violently than ever before ; for in printed Books they stirred up the Queens own servants to ●ttempt the like upon her , that Iudith did on Olephernes . The Author of these Books could not be found , but the suspition lay upon one G●egory Martin , sometime of Oxford ; and Carter a Statio●er , who printed the Books , suffered for it . And whereas the Papists every where ●●aduced the Queen for cruelty , she desirous alwayes to leave a blessed ●●membrance behinde her , grew extremely offended with the Commissioners for Popish causes , taxing them of too much cruelty , insomuch that they were fain , in a printed Declaration , to cleer themselves , protesting ; That they questioned no man for his Religion , but onely for dangerous attempts against the Queen and State● and that C●●pian himself was never so Racked , but that he could presently walk up and down . But all this gave not the Queen satisfaction , but she commanded the Commissioners to forbear tortures , and the Judges other ●u●ishments ; and not long after , when seventy Priests were taken , and some of them condemned , and the rest in danger of the Law , she caused them all to be Shipped away , and sent out of England : The chief of whom : were Gaspar Heywood , the great Epigrammatist's son , the first ●esuite that ever set foot in England ; Iames B●sgrave , Iohn Hart , and Ed●●●d Rishton . At this time Mendoza the Spanish Ambassadour , was thrust out of England , for joyning with Throgmorton , in his Treason against the Queen ; whereupon Sir William Waad was sent to the King of Spain , to satisfie him how ill Mendoza had discharged the Office of an Ambassadour here in England ; who , when the King admitted him not to his Presence , but in a slighting manner , putting him off to his Councellors ; Waad taking it in great disdain , boldly said , That it was a declared Custome among Princes ( though in heat of War ) to give Ambassadours audience , and thereupon stou●ly refused to ●●clare his Ambassage , and so returned into England unheard . The greatest matters laid to Mendoza's charge , were gott●n out of Throgmorton's Confession ; for when he was in danger to be apprehended , he sent to Mendoza a box of Writings ; and when his Ch●sts were searched , there were found two Scrowls , one with the names of the Ports of England , and in the other the names of the Nobility and Gentry in England that favoured the Romish Religion . These , when Th●ogmorton saw brought forth , he said they were counterfeited , and ●tood to it upon the very Rack ; but being brought to the Rack the second time● he then confessed all , That Morgan by Letters out of France , had given him information , that the Catholike Princes had decreed to invade England , and with the help of the Duke of Guise , to free the Q. of Scots ; and that nothing was now wanting , but mony & ayd in England : and that for procuring of this , Charls Pa●e● , under the counterfeit name of Mope , was sent into Sussex , where the Duke of Guise intended to land ; and that he had imported all this matter to Mendoza , and intimated the names of the Ports , and of the Noble-men that should assist . But being arraigned at the Guild-hall , he denyed all this again , saying , He had spoken so , because he would not be Racked again . Yet being condemned to die , he flying to the Queens mercy , confessed in a manner all he had before related● and then at the Gallows went about to deny it again . So false to it self is the minde of man when it is divided between hope and fear , and lies under the burden of a guilty conscience . Sir William Wade being returned from Spain , was employed to the Queen of Scots , about a Treaty begun two years before : To whom , the distressed Queen sincerely professed , That she devoted her service and her selfe to the Queen of England ; and made solemne promise , That if the former Treaty might go on , she would mediate with the King her Son , to receive into favour the Earl of Angus , and the other Scottish Lords , and would charge the Bishops of Rosse and Glasco , her Agents in France , to have no further to do with the English Fugitives . These things Q●een Elizabeth heard gladly , and thereupon sent Beale to the Queen of Scots , who joyntly with the Earl of Shrewsbery should signifie unto her , That if she continued still in the same minde , as she had delivered to Waad ; Sir Walter Mildmay should come out of hand ●o her , and Treat concerning her liberty : but withall she commanded Mildmay and Beale to dive into her as well as they could , to know what practises the Duke of Guyse had on foot . To that which she had spoken to sir William Waad , the Queen of Scots made a wary answer ; but to that concerning the Duke of Guyse , she plainly confesseth ; That being sickly he● selfe , and weak of body , she had committed her selfe and her Son , to the Protection of the Duke of Guyse , her dear Cosen , of whose intendments she knoweth nothing ; nor if she did , would she disclose them , unlesse she might be sure of her own liberty . Lastly , she requesteth , That being a free and an absolute Prince , she may not be worse handled , than Queen Elizabeth her selfe was , when she was a subject , and kept in prison by her Sister . These things had a hearing , but no feeling , and the rather by a strange accident ; for Creighton a Scottish Jesuit , sayling from the L●w-Countries , and taken by Dutch Pirats , had certain papers which he tore and thre● away , which thrown over-boord , and by the winde blown back into the ship , miraculously ( as Creighton himselfe sayd ) they were brought to sir William Waad , who patching them together with much labour and cunning , discovered by them some new intendments of the Pope , the King of Spain● and the Guyse , about the Invading of England : Whereupon , and upo● divers other rumors , the better to provide for the safety of the Queen , a number of her Subjects ( the Earl of Leicester being the foremost ) men of all ranks and conditions , bound themselves mutually to each other , by their oaths and subscriptions , to persecute all those to the very death , that should attempt any thing against the Queen ; which league of theirs , they called the Association . The Queen of Sco●s who presently apprehended , that this Association was entred into for her destruction ; maketh this proposition by Nave her Secretary , to the Queen and the Councell● That if she might have her liberty granted , and be assured of the Q●een●●ove , she would enter a strict league and ●mity with her , and passing by all matters of offence , esteem and honor ●er , above all the Princes of the Christian World ; yea , and ( saving the ancient League betwixt Fra●ce , and Sc●●la●d ) she would her selfe be comprehended in t●e Association , and a League defensiv● , against all that should go about to injure the Queen . Herewith Queen Eli●abeth was wonderfully pleased , and at that time cer●●●nly had an inclination to grant her freedom . B●t see what malice can do ; for many in England● but specially the Sco●s of 〈◊〉 ●dverse party , endeavoured by all means to hinder it ; exclaiming , That 〈◊〉 Queen could be no longer in safety , if the Queen of Scots were set at liberty , That both Kingdoms were utterly undone , if she were admitted into 〈◊〉 ●oynt Government of the Kingdom of Scotland , and that the reformed ●●●●gion lay a bleeding , if Papists were admitted within the Court walls ; 〈◊〉 was this all , but the Scottish Ministers in their Pulpits , loaded the 〈◊〉 of Scots with all manner of contumelies , slandred the King himselfe , and 〈◊〉 Councell in most bitter manner ; and being cited to appear before him , 〈◊〉 , saying , That the Pulpits were exempted from all Regall Authority , and that Ecclesiasticall persons , were not to be censured by the Prince , but 〈◊〉 their own Consistory ( directly against the Laws made the year before in Pa●liament ) whereby the Kings Authority over all persons , whether Eccle●●●s●icall , or Secular , was confirmed ; and namely , That the King and his Councell , were Supream Judges in all Causes ; and that whosoever refused 〈◊〉 b● tryed by them , should be holden guilty of High-treason ; all Presby●●●●●s and Lay-conventicles forbidden , Parity of the Clergy taken away , 〈◊〉 the authority of Bishops restored , whose Calling the Presbyteries had condemned as wicked and Antichristian : And lastly , all scurrilous Libels ●●●inst the King and his mother , prohibited , namely , the Scottish History of George Buchanan , and his Dialogue , De Iure Regni apud Scotos . At this time , upon her adversaries suggestion , the Queen of Scots is taken from the Earl of Shrewsbery , and committed to the custody of sir Pawlet●nd ●nd sir Drue Drury , and that on set purpose ( as some were perswaded ) to drive her into abrupt and desperate attempts ; and indeed upon this , she grew more importunate with the Pope and King of Spain , to hasten their in●●ndment , whatsoever became of her , as ill indeed was like to become of her , if it be true ( as some sayd ) that Leicester sent out assasinats to make her ●way , but that Drury detested the villany , and would grant them no ●●cesse . And how to alienate Queen Elizabeth utterly from her ; it is suggested to 〈◊〉 , That Allen for the Catholicks of the Clergy , Inglefield for the Layity , ●nd the Bishop of R●sse for the Queen of Scots , with consent of the Pope and the King of Spain , had joyntly combined to depose her , and to bar the King of Scotland from his hereditary Right to the Crown of England , and to marry the Queen of Scots to an English Noble-man of the Romish Religion , and him the English Catholikes should chuse King of England , and the Pope confirm the Election ; and all this upon the credit of Hart the Priest : but who this English Noble-man should be that should marry the Queen of Scots , could not be found , though Walsingham were very busie to seacrh i● out : the fame went upon Henry Howard , the Duke of Norfolks brother , ●ho was a single man , a great Papist , and of high estimation amongst the Catholikes . This yeer died in Exile and misery , Charles N●vill , who was in the Rebellion of the North , the last Earl of Westmerland of this Family ; a House from whence descended many Noble Personages , six Earls of Westmerland , ●wo Earls of Sali●●●●y and War●i●k , an Earl of Kent , a Ma●quesse Mount●cut● , 〈◊〉 Duke of Bedford , Baron Ferrers of 〈◊〉 , the Lord Latymer , the Lord of 〈◊〉 , one Queen , and five Dutchesses ( to let passe Counte●●es and Baronne●ses ) an Arch-bishop of York , and a numerous company of other Lords . In E●gl●nd died none of ●eckoning this yeer , but onely Pl●●den the famous Lawyer ; but in France , ●he Duke of Angi●● died of grief● a●d in Holland , William Prince of Orange , shot into the body with ●hree Bullets , by one B●lth●s●r Gerard , a Burgundian . It was now the yeer 1585 , and the eight and twentieth of Queen Eliza●●●●● Raign , when , to ti● the French King more neerly to her , whom the 〈◊〉 ●●fore she had received into the number of the Knights of the ●arter , she sent the Earl of Derby into France , to invest him with the Robes and Ornaments , according to the due Solemnity ; which he kindely accepted , and at Evening Prayer was invested with them . At this time a Parliament was assembled at Westminster , wherein William Parrie a Welsh-man , a Doctor of the Laws , when in the Lower House a Bill was read against the Jesuites , he alone stood up , and exclaimed that it was a cruell and bloody Law : and being asked his reason , he stoutly refused , unlesse he were required by the Lords of the Councell . Hereupon he was sent to the Gate-house , but upon submission , was received into the House again . Soon after , he was accused by Edward Nevill , for holding secret consultations about making the Queen away ; Who thereupon apprehended , upon his examination , confessed in effect thus much , That out of discontent he went beyond the Sea , where , by the encouragement of Campegio the Popes Nuntio at Venice , and grant of a plenary Indulgence from the Pope , he undertook to kill the Queen ; but coming into England to that intent , he altered his minde , and disclosed to the Queen the whole matter . After this , he received a Letter from the Cardinall of Com● , perswading him to go forward with the Enterprise ; and this Letter also he shewed the Queen . After this , he chanced to see a Book of Doctor Allens , written contra Iustitiam Britannicam , wherein was declared , That Princes who were for heresie excommunicate , might lawfully be deprived of their life and Kingdom . This book wonderfully confirmed him , and he read it to Nevill ; who , though he took an oath of secrecy , yet now upon a hope of the Earldom of Westmerland● betrayed him . This was his confession , before Baron Hunsdon , Sir Christopher Hatt●n , and Sir Francis Walsingham : as likewise in his Letters to the Queen , to the Lord Burleigh , and the Earl of Leicester , acknowledging his fault , and craving mercy . A few dayes after , he was called to the Bar in Westminster-Hall , where he confessed himself guilty , and thereupon was condemned . After the Sentence of death pronounced , he furiously cited the Queen to Gods Tribunall : five dayes after he was laid upon a Hurdle , and dragged thorow the City to Westminster , where at the Gibbet he made a vain-glorious boasting of his faithfulnesse to the Queen , but not so much as in a word commended himself to God ; and in the great Palace at Westminster was executed as a Traytor , the Nobility and Commons sitting then in Parliament . In this Parliament , the Association before spoken of , was universally approved , and enacted in this Form ; That four and twenty , or more , of the Queens Privy Councell , and Peers of the Realm , should be selected and authorized , under the Great Seal of England , To make enquiry of all such persons as shall attempt to 〈◊〉 the Kingdom , or raise Rebellion , or shall attempt any evill against the Queens Person ; f●r whomsoeve● , and by whomsoever , that layeth any claim to the Crown of England ; and that person for whom , or by whom they shall ●ttempt ●ny such thing , shall be altogether uncapable of the Crown ; and more to this purpose . Laws also for the Queens safety , were enacted against Jesuites and Popis● Priests , and against all that shall receive or relieve them . These Laws ter●ified many , and particularly out of fear of them , Philip Ea●l of Arundel ; the Duke of Norf●lks eldest son , purposed with himself to travell beyond Seas● for having been once or twice cited before the Lords of the Councell , and confined to his house , and after six months set at liberty , he ●hereupon wrot● a Letter to the Queen , That for the Service of God , and hi● souls health , he purposed to leave his Countrey , but not his loyall ●ffection towards her● but as he was taking Shipping , by his own servants treachery he was discovered , apprehended , and laid in the Tow●r . At the same time lay in the Tower , Henry Percy Earl of Northumberland● a man of a lofty spirit , being suspected by rea●on of secret consultation 〈◊〉 Throgmorton , the Lord Paget , and the Guises , about the invading of Eng●●●●● and freeing of the Queen of Scots ( whose cause he ever highly favou●●d ) but in the m●neth of Iune , he was found dead in his bed , shot into the body with three bullets , under his right pappe , and the door bolted on the ●●de : The Corroners Inquest examining the matter , found and pronoun●●d , that he had killed himselfe . Three dayes after , the Lords meeting in ●he Star-chamber , Bromeley Lord Chancellor , declared this fact of the Earls , ●nd then commanded the Atturney Generall to shew the causes of his im●●●sonment , and the manner of his death ; whereupon , Popham first , and then Egerton the Queens Solicitor , in long Orations , lay open all his Treasons , and how for feare of the Law , he had layd violent hands upon himselfe . And now the Queen knowing that the seeds of these Treasons proceeded from the Duke of Guise , and his adherents , she sought for the strengthning of her selfe , to enter into League with the Princes of Germany ; and to this end , she sent Sir Thomas B●dley to the King of Denmarke , to the Count Elector Palatine of the Rhine , to the Duke of Saxony , Wittenberg , Brunswicke , L●●ceburg ; the Marquesse of Brandenburg , and the Lant grave of Hessia ; and into Scotland , she sent Sir Edward Wootton , to let the King understand how sincerely she was affected towards him , and withall to draw the King ( if he could ) into a League of mutuall defence and offence , and to commend to him the Match of the King of Denmarks Daughter . The King was very inclinable to the matter of the League , but for the present the businesse was interrupted , by the death of Francis Russell , Son to the Earl of Bedford , slain at a meeting to compound a difference between the Borderers , by a sudden tumult of the Scots , but who it was that slew him , was not known . The English layd it upon the Earl of Arran , and the Lord Fernihurst Governour of the middle Borders ; whereupon , at the Queenes complaint , the Earl of Arran was confined , and Fernihurst committed to prison at Dundee , where he dyed ; a man of great valour and resolution , and one that was alwayes f●rm for the Queen of Scots . But Queen Elizabeth not thus satisfied , gave leave by way of connivance to the Scottish Lords that were fled into England , namely , the Earl of Angus , the Hamiltons , Iohn and Cladius , the Earl of M●rre , Glames , and other , that they should steal away into Scotland ( she sup●lying them with money ) there to master and subdue the Earl of Arran . For Maxwell , who was lately made Earl of Bothwell , Baron Humes , Coldingkn●lls and other in Scotland , had already promised them their assistance , even ●n the very Court. Sir Patrick Grey ( Arrans great Rivall for the Kings favour ) Belenden , and Secretary Maitland ( by Woottons craft ) were made against Arran . These men , upon their first entry into Scotland , command all persons in the Kings name , to ayd them for conserving the truth of the Gospell , for freeing the King from corrupt Councellors , and for maintaining of Amity with the English , so as there presently joyned with them ●bout eight thousand men . The Earle of Arran hearing hereof , makes haste to the King , and accuseth Patricke Grey as author of this commotion : but whiles Arran was making provision for defence of the Town , the enemies were ready to scale the Walls : whereupon , Arran being advised , that only his life was sought , gets secretly away with only one servant , the rest betook themselves to the King in the Castle . Then the Rebels get into the Market-place , and display their Banners against the Castle : the King sends Grey to know the reason of their comming ; they answer , to submit themselves , and in humble manner to kisse the Kings hands : the King offereth restitution of all their goods , if they would depart ; They desire to be admitted to his Pre●ence , which upon these conditions the King granted . That they should not attempt any thing against his li●e , or those whom he should nominate , nor make any innovation in the Government . They protest , They are ready to sacrifice their lives for the Kings safety , and of any Innovation they had not so much as a thought ; onely they request to have their adversaries , and the Fortifications of Scotland delivered up into their hands . Hereupon after a dayes Consultation , they are admitted into the Kings Presence and forthwith the Earls of Mount Rosse , Crawford , and Rothsay ; Colonell Arran's brothers , and others , were delivered to them : The Earl of Arran , who was fled into the Western Islands , is called home ; the assaulters were pardoned , and pronounced good subjects . Hamilton is set over Dumbriton Castle ; Goldingknolls over Edinburgh ; the Earl of Angus over Tantallon ; the Earl of Marre over Stelyn ; and Glames is made Captain of the Guard. Upon this , all Proscriptions and Outlaries whatsoever against all persons , since the Kings Inauguration ) sa●ing some few proscribed for the murder of the Kings Father ) are called in , and with an unanimous consent of all parties , the Treaty of a League with the Queen of England is agreed upon , and Delegates nominated to that purpose . In Ireland likewise was a Combustion this yeer ; first the Burkes ( descended of the ancient Family of the Burroughs in England ) provoked by the severe Government of Richard Bingham , Governour of Conn●ght , raise Rebellion ; but this was soon suppressed , for Thomas Burk dyed fighting ; M●yler , and Theobald Burke , were taken and hanged . After this , the Clan-Gibbons , Clan-Donells , and Ioyes , combined together in great numbers , and say plainly , They will have a Mac-William of their own , one of the Burks to rule over them , or some other Lord out of Spain ; they will admit of no Sheriff into their Countrey , nor appear before the English Courts of Justice ; and thereupon harryed all the Countrey with Fire and Sword , and neither by the perswasions of the Arch-bishop Tuan , nor by the intreaties of the Earl of Clan-ricard ( the chief of the House of the Burks ) would be quieted , till Iohn Bingham the Presidents brother , following them into the Woods , drave away five thousand Head of their Cattell , so as after forty dayes , half starved , they came forth and submitted themselves . But this was not yet an end ; for now the President understood , That two thousand Scottish Islanders were landed , and ready to break into Connaght ; whereupon he Musters his men to give them Battell ; but they flying to Bogs and Woods , he retires back as though in fear , thereby to draw them from the Bogs to firm ground , and then with his whole Forces set upon them , slew three thousand of them ( indeed all but fourscore ) amongst whom were Donell Garmy , and Alexander Garmy , the sons of Iames Mac-Conell , who had long disquieted this part , and those Burkes who were the first authors of this Rebellion . This was a famous Victory , for the good of the present and future times ; for hereby the name of the Mac-Williams in Connaght was utterly extinct , and the insolent attempts of the Scottish Islanders absolutely crushed . In the Low-Countries at this time the States were very hard beset , so as they held a Consultation , Whether to flie for protection , either to the French King , or to the Queen of England . Monsieur Prunie the French Ambassadour shewed many advantages , and gave many reasons why they should flie rather to the French King ; the English on the other side , alleadged many reasons why they should flie rather to the Queen of England : but in conclusion , they have first recourse to the King of France , and afterward being by him neglected , to the Queen of England . But then in England it was consulted , Whether it were meet to protect them ; wherein the Councell was divided ; some were of opinion , That it were good to receive and aid them , lest the Spaniard first conquering them , might have the better way to annoy England ; other again thought , They were to be held no better then Rebells to their lawfull Soveraign , and therefore unworthy of assistance . After long deb●●ing the matter , the Queen refuseth to take into protection , much lesse to exercise Soveraignty over them . Neverthe●esse , to raise the Siege of Antwerp , which was then beleaguer'd by the Prince of Parma , she was content to supply them with four thousand Souldiers , so as the Town of Sluce , and the Ordnance belonging to it , were given up into their hands : but while this matter was discussing● the Town of Antwerp was fain to yeeld it self . But the Queen better bethinking herself , partly , as fearing the growth of the King of Spain's power , and partly , as commiserating the afflicted of her own Religion , at last resolves to undertake their protection , upon condition of her part , to supply them with five thousand Foot , and a thousand Horse , under a sufficient Generall , paying them during the War ; And afterward the expences to be payed back , upon condition on their part , by way of Pledge , to deliver Flushing , and the Fort of Ramekyn , the Town of Brill , with the two neighbouring Forts : and for the justifying of this her action , ●he set forth a large Declaration . And knowing that herein she incensed the King of Spain , she thought best to turn his anger further from home , and thereupon sent out Sir Francis Drake , and Christopher Carlile , with a Navy of one and twenty Ships ( wherein were two thousand Voluntaries and Marriners ) toward the West Indies ; who first surprized the Town of St. ●ago , afterwards St. Dominick ( where five and twenty thousand Crowns were given them , to spare the Town from burning ) afterward Cartagena , which they held seven weeks , till the Spaniards redeemed it for a hundred and ten thousand Crowns . After this , the Calenture waxing hot , and diminishing their Forces , they returned homewards , passing by Virginia , a Colony which Sir Walter Raleigh had there planted ; from whence Drake brings hom● with him Ralph Lane , who was the first that brought Tobacco into England , which the Indians take against crudities of the Stomack . At this Expedition were lost about seven hundred men , who for the most part died of Calentures : their Booty amounted to the value of threescore thous●nd pounds Sterling , besides two hundred and forty Brasse and Iron Pieces . These things were done under the Torrid Zone in America ; when in the mean while , Captain Iohn Davis , with two Ships ( at the charges of William Sanderson , and other Citizens of London ) found out away to the East-Indies , ●y the higher part of America , under the Frigid Zone . At the end of this yeere , the Earle of Leicester is sent Generall of the Queenes Forces into Holland , accompanied with the Earle of Essex , the Lords Audley , and North , Sir William Russell , Sir Thomas Shirley , Sir Arthur Basset , Sir Walter Waller , Sir Gervase Clifton , and divers other Knights , besides five hundred Gentlemen . Landing at Flushing , he was first by Sir Philip Sidney the Governour his Nephew and after by the Townes of Zeland and Holland , entertained in most magnificent manner , ●nd comming to the Hague in Ianuary ; the States by Patent committed to him the command and absolute authority over the united Provinces , with the Titles of Governour and Captain Generall of Holland , Zeland ; and the Confederate Provinces : So as being now saluted with the Title of his Excellency , he began to assume unto him Princely spirits . But the Queene tooke him soone off from further aspiring , Writing to him in most peremptory manner ; That she wondred how a man whom ●he had raised out of the dust , could so contemptuously violate her commands , and therefore charged him upon his Allegiance , to put in ●xecution the Injunctions she sent him by HENNAGE her VICE-CHAMBERLAINE ; Withall , in Letters apart , She expostulateth with the States , that to her great disparagement , they had cast upon the ●arle of Leicester her Subject , the absolute command over the united PROVINCES without her privity , which she her selfe had utterly refused ; and therfore willeth them to Devest him of that absolute authority , to whom she had set bounds , which he should not passe . The States returne Answer , That they are heartily sorry they should incurre her displeasure by conferring upon the Earle that absolute Authority , not having first made her acquainted , but they beseeched her to consider the necessity of it ; seeing , that for avoyding of confusion , that Authority must needs be cast upon some one or other ; Neither , was there any great matter in the word Absolute , seeing the Rule and Dominion resided still in the people . By these Letters , and Leicesters own submissive writing , the Queen was soon satisfied ; Leicester all this while receiveth Contributions and Rewards from all Provinces , maketh Martiall Laws , and endeavouring likewise to raise new Customs upon Merchandizes , incurred great dislike amongst the common people . His first service was to relieve Grave , a Town in Brabant , which the Prince of Parma , by Count Mansfield had besieged : Hither he sent the Count Hohenlo a German , and Norris Generall of the English Foot ; but notwithstanding all the great service they did there , the Town in the end was taken ; but Hemart the Governor , for his cowardly yeelding it up , lost his head . From hence the Prince of Parma marched into Gelderland , and pitched his Tents before Venlow , where Skenkic a Friezlander , and Roger Williams a Welshman performed great service , yet that Town in a short time was taken also . But in the mean while , the Lord Willoughby Governor of Bergen ap Zome , cut off the enemies Convoyes , and took away their victualls ; and Sir Philip Sidney , and Maurice the Prince of Oranges Son , upon a sudden on-set , took Axale a Town in Flanders . From Venl● the Prince of Parma goes to Berke , where there were twelve thousand English , under the command of Colonell Morgan ; he notwithstanding layd Siege to the Town , which the Earl of Leicester came to raise , but finding his Forces to weak to raise it , he seeks to divert it , by Beleaguering Duisbourgh ; which before the Prince of Parma could come to relieve , he tooke . And now the Prince of Parma , fearing least Zutphin should come in danger , commandeth victualls to be carried thither , which the Spaniards carrying along in a fogge , the English by chance lighted on them , vanquished a Troop of their Horse , slew Hannibal Gonzaga , and divers other , bat then on the English side was one slain , more worth than all the English and Spaniards put together ; Sir Philip Sidney , who having his horse slain under him , and getting upon another , was shot into the thigh , and 25 dayes after , in the ●loure of his age , dyed : A man of so many excellent parts of Art and Nature , of Valour and Learning , of Wit and Magnanimity ; that as he had equalled all those of former Ages , so future Ages wil hardly be able to equal him . His Funeralls were in sumptuous manner solemnized at St. Pauls Church in London . Iames King of Scotland made his Epitaph , and both Universities celebrated his death with Funerall Verses . After this , Leicester assaulteth Zutphen , where setting upon a Fort , he takes it in this manner ; Edward Stanley ( of the Stanlies of Elford ) catching hold of a Spaniards Launce , which was brandished at him , held it so fast , that by it he was drawn into the very Fort ; whereupon , the Spaniards being affrighted ( as thinking all the enemies were comming up ) forsook the place ; Leicester knighted Stanly for this act , gave him forty pounds in present money , and yeerly Pension of an hundred Marks during his life . And now though in this forwardnesse to winne the Town , yet winter being already come on , he thought it unseasonable to besiege it any longer ( especially so many English Garrisons lying round about it , which were in nature of a siege ) but returned to the H●g●e , where the States entertained him with complaints , that their money was not carefully husbanded , that the number of the English supplies was not full , that forreign souldiers were levyed without their consent , that the priviledges of the united Provinces were set at nought , and new devises for contribution invented ; for all which evills , they entreat him to provide some present remedy . To which complaints ( having a purpose to go for England ) he gave a friendly answer ; but upon the very day in which he was to depart , he committeth the government of the Province , to the deliberation of the States ; and the same day , made another private instrument of writing , where he reserved to himself the whole authority over the Governours of the severall Provinces , Cities , and Forts ; and more than this , taketh away the wonted jurisdiction ●rom the States Councell , and Presidents of the Provinces ; and came into England the third day of December . And thus passed the affairs of the Nether-lands for this yeare . But in England , Philip Earle of Arundel , who had lyen in Prison a whole year , was at last brought to the Starchamber ; and being charged with fostering of Priests , and having correspondence with Allen and Parsons the Jesuit , and offering to depart the Kingdom without licence , was fined ten thousand pounds , and imprisonment during the Queens p●easure . At this time , the Queen , by Sir Horatio Palavicino , supplied with a large summe of money the King of Navarr● ; thorow whose side , the Guyses opposed the reformed Religion in Scotland , but her most intentive care was how to unite England and Scotland in a solid friendship : To which end , she sent Thomas Randoll into Scotland , who making Propositions to the King , touching a League offensive and defensive , though the King at first required some additions , and though the French Ambassador infinitely opposed it , yet at last he consented to it ; and in Iuly following , there met at Barwick , Edward Earle of Rutland , William Lord Euer , and Thomas Randoll for the Queen of England ; Francis Earl of Bothwell , Robert Lord Boyde , and Humes for the King of Scots , and there the League ( which was called the League of strict Amity ; for that the word offensive liked not the Scots ) was upon certain points concluded : First , for the maintenance of the reformed Religion , and then other such Articles , as commonly in Leagues are usuall . The very same moneth that this League was agreed on , a most dangerous conspiracy against the Queen was discovered . For first , one Iohn Savage , was by the perswasions of Gifford , Doctor in Divinity , induced to believe , that it was a meritorious work , to take away the lives of Princes Excommunicate , who thereupon vowed to kill Queen Elizabeth : but to make the Queen and her Councell secure , at the very same time they wrote a book● exhorting the Papists in England , to attempt nothing against their Prince , and to use only the Christian weapons of Tears , Prayers , Watching , and Fasting . About Whitsuntide , one Ballard a Seminary Priest of Rheims , acquainted with the vow of Savage ( having dealt in France with Mendoza and Charles Paget , about invading of England ) arrived here in a souldiers habit , and by a counterfeit name , called Captain Fos●● ; with these matters he acpuaints one Anthony Babington , a gentleman of Darbyshire , who by the Bishop of Glasco , the Queen of Scots Ambassador in France , had been commended to her , as one worthy of her love ; so , as between them , there passed often letters in unknown characters . In short time , Babington had drawn into the Plot , other gentlemen as zealous of the Romish Religion as himselfe ; namely , Edward Windsor , brother to the Lord Windsor , Thomas Salisbery of a good Family in Devonshire , Charles Tilney one of the Queens Pensioners , Chydiock Tichburne of Hamshire , Edward Abington ( whose father was Coferer to the Queen ) Robert Gage of Surrey , Iohn Travers● , and Iohn Charnock of Lancashire , Iohn Iones● Savage formerly spoken of , Barnwell of a noble Family in Ireland , and Henry Dunne a Clerk in the Office of First-fruits and Tenths , one Pollie also serued himselfe into their company , a fellow throughly acquainted with the affairs of the Queen of Scots , who was thought to have revealed all their consultations to Walsingham day by day . To these Gentlemen , Babington communicateth his affairs , but not every particular to every one , but to Ballard , Tichburne , and Dunn● , he sheweth the Letters which passed between him and the Queen of Scots ; with Tilney and the rest , he dealeth to be the Assassinates ; of whom , some at first loth , at last consented , and in a foolish vaingloriousnesse , a picture of the Assassinates was made to the life , and Babington in the midst , with these words ; Quorsum haec alio properentibus ? This Picture ( they say ) was gotten and privately shewed to the Queen , who knew none of them by face , but only Bernwell ( who had oftentimes come to her in the causes of the Earl of Kildare , whose servant he was ) Certain it is , that the Queen one day walking abroad , spyed this Bernwell , and turning to Hatton sayd , Am not I well Guarded , that have not so much as one man in the company with a sword by his side ? Thus much Bernwell himselfe told the rest of his confederacy , and how easie a matter it had bin to have dispatched her at that time , if the rest had been present . The chief discoverer of the Plot , was the aforesayd Gifford : This man was a gentleman of a good Hou●e at Chellington in Staffordshire , not far from Chartley , where the Queen of Scots was kept prisoner , and was now sent by the English fugitives in France , under the counterfeit name of Luson , to put Savage in minde of the vow he had made , and to convey letters between them and the Queen of Scots . But he , whether pricked in conscience , or dismayed in minde , came to Walsingham privately , revealing who he was , and for what end , and by whom sent into England . Walsingham courteously entertained him , and sent him down into Staffordshire , to do the work he had undertaken . Here Gifford bribing the Brewer of the House , where the Queen of Scots lay , contrived the matter in such sort with him , that by a hole in the wall , in which a loose stone was put , he should give in , and receive forth Letters , the which by messengers purposely layd by the way , came evermore to Walsinghams hands , who broke them open , copied them out , and by the rare cunning of one Thomas Philips , found out the meaning of the private Characters , and by the singular Art of Arthur Gregory , sealed them again so curiously , that no man would imagine them to have been opened , and ever sent them to the parties , to whom the superscription directed them . In like manner were the former letters from the Queen of Scots to Babington intercepted ; as also , other letters written at the same time to Mendoza the Spanish Ambassador , Charles Paget , the Lord Paget , the Archbishop of Glasco , and Francis Englefield . The Queen as soon as she understood by these letters of the storm hanging over her head , both at home and abroad , commanded Ballard to be apprehended , who on a sodain is taken in Babingtons house . Babington hereupon goeth to Walsingham , with whom he had long been a suiter , for licence to go into France , promising to do great matters in discovering the practises of the Fugitives ; Walsingham with fair promises drives him off from day to day ; and now perswades him , that for a small space till he could get his license sealed , he would lodge at his house in London , where they might have secret conference without suspition . This Web Walsingham himselfe had spun hitherto , and no other of the Queens Councell were made acquainted ; and longer yet he would have drawn the thread out , but that the Queen was unwilling ; least ( as she sayd ) by not avoyding danger when she might , she should seem rather to tempt God , than to trust in him . Whereupon , Walsingham sent a Note to his man Scudamore from the Court , to looke carefully to Babington : This Note was delivered in such manner , that Babington sitting by at Table when Scudamore read it , overlooked him , and read it likewise ; Hereupon , suspecting that all was discovered , the next night he and Scudamore , and one or two more of Walsinghams servants supping at a Tavern , and being very merry , he made an excuse that he must needs step aside , and rose up , leaving his Cloak and his sword , and so made haste through the dark to Westminster , where Gage and he changed apparel , and then together withdrew themselves 〈◊〉 S. Iohns wood neer the City , whether Barnwell also and Dun betook them●●●ves . In the mean space they were proclaimed Traytors all England over● Hereupon they lay lurking in Woods and by-places ; they shave Babingtons 〈◊〉 , disfigure the beauty of his countenance ( for he was of an extraord●●ary beauty ) with the husks of green Wall-nuts ; and when they were hal● starved , went to the houses of the Bellamies , neer Harrow on the hill , who were great Papists ; There they were hid in Barns , and put into a Coun●●ey habit : but notwithstanding all their shifting , within ten dayes after they were discovered and brought to London . The other Complices were soon after taken , most of them in the Suburbs of the Citie , Salisbury and Trav●●se in Cheshire , and Iones in Wales , who harboured them in his house , after he knew they were Proclaimed Traitors , Windsor only was never heard of . Many dayes were spent in the examination of them , who cut one the others throats with their own confessions . All this while , the Queen of Soits and her servants are so narrowly looked to by Pawlet , that she knew nothing of all these passages : Assoon as they were apprehended , Thomas Gorge was sent to acquaint her with the whole matter , which yet he did not do , till she was got on horse-back to Ride a hunting , and was not then suffered to return , bu● in shew of curtesie was carried up and down , to see the Houses of the Gentry thereabouts . In which mean while , Iohn Manners , Edward Acton , Richard Bagot , and Sir William Waad , took Nave and Curle the Queen of Sc●●s Secretaries , and the rest of her servants , and delivered them to Keepers apart , that they might have no speech between themselves , nor with their Lady the Queen of Scots . Then they break open all doors , and such Desks and Boxes as they found with any papers in them , they set their seals upon , and sent them to the Court : In which , being broken open before the Queen , were found a number of Letters from Forreign parts , the copies likewise of Letters sent to severall persons , and threescore Alphabets at least of private Characters ; as also , Letters to her from some of the English Nobility , containing great proffers of love and service , which the Queen notwithstanding took no notice of , but passed over in silence , according to her Motto , Video , & Taceo , I see , and say nothing , Gifford now , who had all this while served their turn , is sent into France ; but ere he went hence , left an Indenture with the French Ambassador here in England , with instructions , that he should deliver no Letters to the Queen of Scots , or the Fugitives in France ; but to him that exhibited an Indenture matching with that , the which he sent underhand to Sir Francis Walsingham . The twentieth o● September , seven of the forenamed Conspirators were Arraigned , and pleading guilty , were condemned of High-treason . Two dayes after , seven other were called to the Bar , who pleaded not guilty , but notwithstanding were found guilty by their own confessions , and condemned ; Pollie only , though he were privie to all passages , yet because he had disclosed many things to Walsingham , was not called in question . The twentieth day of the moneth , the first seven in St. Giles Fields , where they were wont to meet , were hanged , cut down instantly , their privy members cut off , and themselves yet living and beholding it , were in cruell manner bowelled and quartered ; namely , Ballard , Babington , Savage ( who , the roap breaking , fell dowd from the Gibbet , and was presently taken by the hangman , his privie members cut off , and bowelled , while he was perfectly living ) Barnwell , Tichburne , Tilney , And Abbington . The next day , the other seven were drawn to the same place , and executed in the same fashion , but in a more gentle manner , by the Q●eens speciall charge , who detested the former cruelty , for they were to hand till they were quite dead . Salisbery first , then Dun , then Iones , Cherno●k , Traverse , Gage , and with them Hierome Bellam● , who had concealed Babington after he was Proclaimed Traytor ( whose brother being guilty of the same fact , had strangled himselfe in Prison . When these men were executed , Nave a Frenchman , and Curle a Scots-man , Secretaries to the Queen of Scots , were examined concerning the Letters , the copies of Letters , and priviate Characters found in the Queen of Scots Closet ; who under their own voluntary subscriptions acknowledged , that they were their own hand writings , dictated in French by the Queen her self , taken by Nave ; turned into English by Curle , and copied out in secret Characters . Hereupon , Sir Edward Wootton was sent out of hand into France , to make known to the King , the order of the Treason , and to shew him the copies of the Queen of Scots Letters , confirmed by the testimony of sundry of the English Nobility , that the French King might see what dangerous plots were by Charls Paget , and the English Fugitives contrived against the Queen of England . And now , what should be done with the Queen of Scots , was a great consultation , wherein the Councellours were not all of one minde ; some conceived , That it were not good to take any rigorous course against her , but only to hold her in fast custody ; both for that she was not Authour of the Treason , but only conscious to it , and because she was crazie , and not likely to live long . Others , out of a care of Religion , were of opinion , To have her forthwith Arraigned and put to death according to the Law ; Leicester thought it better to have her poisoned , and sent a Divine to Walsingham to prove it lawfull , but Walsingham protested against that course . A difference then arose amongst them , by what Law to proceed against her ; Whether by the Law of the 25. of Edward the Third ? ( In which they are Pronounced guilty of Treason , who plot the destruction of the King or Queen , raise War in his Dominions , or adhere to his Adversaries . ) Or else by the 27. of the Queen , Enacted a year since : Their opinion at last prevailed , who thought best to proceed against her by this latter Law , as being indeed in this case provided . Whereupon , divers of the Lords of the Privie Councell , and other of the Nobility , are Authorized by the Queens Letters , to enquire by vertue of that Law , and passe sentence against all such as raised Rebellion , Invaded the Kingdome , or attempted any violence against the Queen . These Commissioners therefore upon the 11. day of October , repaired to Fotheringay Castle in Northamptonshire , where the Queen of Scots was then held prisoner ; and the next day , sent unto her VValter Mildmay , Pawlet and Edward Barker , publick Notary , who delivered her the Queens Letters ; which , having with a setled countenance read , She sayd , It seems to me strange● that the Queen should lay her Command upon me , to hold up my hand at the Bar ; as though I were a Subject , seeing I am an absolute Queen , no lesse than her selfe ; but howsoever , I will never do any thing prejudiciall to Princes of my degree , nor to my Son the King of Scotland . After many meetings , she standing still upon her innocency , and upon her exemption from answering , as being an absolute Prince , and specially for yeelding to be tryed by the English Laws ; of which , One ( she sayd ) had lately been made of purpose for her destruction . It was at last told her plainly , by the Chancellour and Treasurer , That if she refused to answer to such crimes as should be objected , they would then proceed against her , though she were absent . Being brought at last , with much ado to consent , the Commissioners came together in the Presence Chamber ; a Chaire of Estate was set for the Queen of England , in the upper end of the Chamber , under a Canopy ; beneath over against it , was placed a Chair for the Queen of Scots ; on both sides of the Cloth of Estate , stools were set , upon which on the one side sate the Lord Chancellor , the Lord Treasurer , the Earls of Oxford , Kent , Derby , Worcester , Rutland , Cumberland , Warwicke , Pembrooke , Lincolne , and Viscount Mountacute● On the other side sate the Lords Aburgavany , Zouch , Morley , St. Iohn of Bletsho , Compton , and Cheyney ; Next to these , sate the Knights that were Privie Councellors , Sir Iames Crofts , Sir Christopher Hatton , Sir Francis Walsingham , Sir Ralph Sadler , Sir Walter Mild●● , and Sir Amis Pawlet ; Foreward , before the Earls , sate the two Chiefe Justices , and the Lord chiefe Baron ; on the other side , the two Barons , and the other Justices ; Dale , and Foord , Doctors of the Civill Law , at a Table in the midst , Popham the Queens Atturney Generall , Egerton her Solicitor , ●●●die her Serjeant at Law , the Clerk of the Crown , and two Notaries . When the Queen of Scots was come , and had placed her selfe , silence being made , Bromely Lord Chancellor turning towards her , sayd ; That the Queen had appointed these Commissioners , to hear what she could Answer to crimes layd to her charge , assuring her , that nothing would be cause of more joy to the Queen , then to hear , that she had proved her selfe innocent . Upon this , she rising up , sayd ; That although , being an absolute Prince , she could not be compelled to appear before the De●egates , yet to manifest her innocency , she was now content to appear . Then Gawdie , opened every speciality of the Law lately made ( against which she had taken excception ) shewing , By Babingtons confession , by Letters passed between them , by the confessions of Ballard , and Savage , by the confessions of her Secretaries , Nave , and Curle , that she was privy to their Treasons , and consented to the Invasion of England , and destruction of the Queen . To which she answered , That Letters might be counterfeited , her Secretaries might be corrupted , and rest , in hope of life , might be drawn to confesse that which was not true : In this she stood peremptorily , That she never consented to any Attempt against the Queens Person ; though for her own delivery , she confessed she did . After many other charges by the Commissioners , and replies by the Queen of Scots ; At last , she requested , that she might be heard in a full Parliament , or before the Queen her selfe , and her Councell . But this request prevailed not ; for on the 25. day of October following , at the Star-Chamber in Westminster , the Commissioners met again , and there pronounced sentence against her ; Ratifying by their Seals and subscriptions , that after the 1. day of Iune , in the seven and twentieth year of our Soveraign Lady Queen Elizabeth , divers matters were compassed and imagined in this Kingdom , by Anthony Babington , and others , with the privity of Mary Queen of Scots , pretending Title to the Crown of England , tending to the hurt , death , and destruction of the Royall Person , of our sayd Soveraigne Lady the Queen . After a few dayes , a Parliament was holden at Westminster , the which was begun by Authority from the Queen , derived to the Archbishop of Canterbury , the Lord Treasurer , and the Earl of Derby ; and the same , not without some Presidents . At this Parliament , the Proscriptions of the Lord Paget , Charls Paget , Francis Inglefield , Francis Throgmorton , Anthony Babington , Thomas Salisbury , Edward Iones , Chyd●ock Tichburne , Charles Tilney , and the other complices , was confirmed , and their goods and possessions adjudged confiscate . Also the Peers of the Kingdom , with an unanimous consent , exhibit a Petition to the Queen by the Lord Chancellor , that for the preservation of the true Religion , and safety of the Queen , of themselves , and their Posterity , the Sentence passed against Mary Queen of Scots , might according to Law be presently Promulged : They put the Queen in minde of the fearfull examples of Gods Judgements extant in Scripture , upon King Saul , for sparing of Agag , and upon Ahab , for not putting Benhadad to death . But the Queen answereth them to this effect : First , acknowledging Gods miraculous preservation of her , and then their constant affections towards her , for whose sakes onely she desires to live : Otherwise , when she calls to minde things past , beholds the present , and expects what may happen in time to come , that she accounts them most happy , who go soonest hence . That the Law lately made , by which the Queen of Scots is condemned , was not made ( as some maliciously have imagined ) to ensnare her ; but cont●ariwise , to forewarn and deterre her from attempting any thing against it , which though it had not been made , yet were there other ancient Laws enough to condemne her . Nothing could have been more grievous to me , than that a Prince , and one so neer Allied unto me , should deserve the Sentence pronounced against her ; and seeing the matter is of rare example , and of a very weighty consequence , I hope you will not expect , that I should at this present determine any thing ; Yet that there may be no danger in delay● I will in due time signifie my minde unto you ; and in the meane time , would have you to expect from me , whatsoever good Subjects may looke for , from a Gracious Prince . Twelve dayes after , having deeply weighed the matter in her minde , she sent the Lord Chancellor to the Peers , and Puckering to the Lower House , entreating them to advise more diligently concerning so weighty a matter , and to bethinke themselves of some wholesome remedy , by which the life of the Queen of Scots might be spared , and their security also provided for . They , when they had a long time in most serious manner deliberated hereof , Return at last this Verdict ; That the Queenes life could not be in safety , while the Queen of Scots lived , unlesse she either repented and acknowledged her crimes , or were kept in straight custody , or bound by her oath and obligations , or gave Hostages , or lastly , departed the Kingdome . And seeing none of these were likely to be remedies ; It remained , that only her death would be a remedy . Repentance in her they could little hope for , who would not so much as acknowledge her self faulty : Close Imprisonment , Obligations , Oath , and Hostages they accounted as nothing , which all vanished , if the Queens life were once taken away ; and if she departed the Kingdom , they feared she would straightway go about to Invade it again . These things the Lord Chancellor , and Puckering the Speaker of the Lower-House , declared to the Queen at large , and urged her in their names , to have the Sentence put in execution . Hereupon , the Queen after a short pawse , spake at last to this effect : I protest , my chief desire hath been , that for your security , and my own safety , some other way might be devised , than that which is now propounded ; but seeing it is now evident and certain , that my safety without her destruction , is in a more deplorate estate , I am most grievously affected with inward sorrow ; That I , who have pardoned so many Rebells , have neglected so many Treasons ( either by connivance , or silence ) should now at last exercise cruelty , upon a Prince so neerly Allied to me . As for your Petition , I beseech you to rest in an Answer , without an Answer : If I say I will not grant your Petition , I shall happily say what I mean not ; I● I should say , I will grant it , then cast I my selfe into destruction headlong , whose safety you so earnestly desire , And that I know , you in your wisedoms would not I should doe . After this , the Parliament was Prorogued , and then were the Lords Buckhurst and Beale sent to the Queen of Scots , to let her understand that Sentence was pronounced against her , and confirmed by Parliament , and that the execution of it was earnestly desired , by the Nobility and the Commons ; and therefore perswaded her , that before her death , she would make acknowledgement of her offences , against God and the Queen ; Intimating , That if she lived , the Religion received in England , could not subsist . Hereupon , she was taken with an unwonted alacrity , and seemed to triumph for joy , giving God thanks , and gratulating her own felicity , That she should be accounted an Instrument , for establishing Religion in this Island ; and therewith requested , She might have some Catholike Priest to administer the Sacrament to her ; but was denied , which some deemed , not inhumane onely , but tyranicall and heathenish . The Bishop and the Dean , whom for this cause they commended to her , she utterly rejected , and jeered at the English Nation , saying ; The English were ever ●nd anon wont to murther their own Kings , and therefore , no mar 〈◊〉 they should now thirst after her destruction . In Dcember following the Sentence against her was Proclaimed , in London first , and after , over all the Kingdom , wherein Queen Elizabeth seriously protested , that this Promulgation of the Sentence was extorted from her , to her great grief , by the importunity of the whole Body of the Kingdome . The Queen of Scots being told hereof , seemed not a whit dejected with it ; but writing to the Queen , never maketh intercession for her self , nor expostulateth her death , but onely makes three small requests , one , That she might be buried in France , by her Mother ; another , That shee might not be put to death privately , but her servants to be present ; the third That her servants might freely depart , and enjoy such Legacies as she had given them . Of which Requests , she desireth the Queen to vouchsafe her an answer ; but whether this Letter ever came to Queen Elizabeth , is uncertain . This condemnation of the Queene of Scots , as a thing strange , and scarce credible , was soone spread farre and neare ; so as intercessions came thicke in her behalfe to Queene ELIZABETH , but specially from the King of Scots , and the King of FRANCE , who sent their severall Ambassadors , using all the reasons that naturall affection in the one , and likenesse of condition in the other , could urge , for sparing of her life ; but when the necessity of the State , seemed to obstruct all wayes of clemency , the French Ambassador L' Aubespine , falls from reasons to action , and thinketh no way so effectuall for saving the Queen of Scots life , as to take away Queen ELIZABETHS life ; and thereupon , First , he dealeth covertly with William Stafford , a young Gentleman , and prone to embrace hopes ( whose Mother was of the Bed-chamber to Queen ELIZABETH , and his brother at that time , Ambassador Lieger in France ) and afterward , more openly by Trappe his Secretary , to murther the Queen . Stafford , though not daring to act such a villany himselfe , yet commended one Moody to him , a resolute fellow , and one that for money would be sure to do it . Upon this , Stafford brings Trappe to Moody , being then in the common Gaole , who upon Trappes offers , undertakes it : But then the consultation was , by what way it should be done ? Moody propounded poison , or else to lay a bagge of Gunpowder under the Queens Bed , and suddenly fire it . But Trappe liked of neither of these wayes , but would rather have it done , as was done to the Prince of Orange . But while they are thus consulting about the way of doing it ; Stafford discovers all to the Lords of the Councell . Whereupon Trappe , who was now bound for France , was apprehended , and being examined , confessed the whole matter . Upon this , the Ambassador himself was sent for to Cecills house , the twelveth of Ianuary ; where met him by the Queens appointment , Cecill Lord Treasurer , the Earl of Leicester , Sir Christopher Hatton Vice-Chamberlain , and Davyson one of her Secretaries ; who declare to the Ambassador every particular which Stafford , Moody , and Trappe his Secretary had confessed . Assoone as Stafford was brought forth , and began to speake , the AMBASSADOR interrupted him , and revyling him , made asseveration , that St●fford first propounded it ; when Stafford falling on his knees , made fearful imprecations , that the AMBASSADOR first propounded it himself . But whosoever propounded it ( sayth BVRLEIGH ) It appeares , that you were made acquainted with the matter . To which hee presently Replyed ; That if hee had knowne of any such thing , yet , being he was an AMBASSADOVR , he o●ght not to give notice of it , but to his own King. After much reasoning in this manner ; The Lord Burleigh admonished him , to beware how he offended hereafter in this kinde ; and let him know , That he is not quitted from the offence , though for this time the Queen be pleased to forbear him . But upon this Treason , the Queen of Scots Adversaries put many terrors into Queen Elizabeths minde , giving out , That the Spanish Navy was come to Milford Haven , That the Scots were broken into England , That the Duke of Guyse with a great Army was landed in Sussex , That the Queen of Scots was escaped out of Prison , and had gotten a Company up in Arms , and many other such feigned suggestions ; Through which , at length they drew the Queen to this : That she sealed Letters , for executing the Sentence against the Queen of Scots ; and one of her greatest perswaders to it ( as the Scots reported ) was one whom the King of Scots had sent to disswade her from it ; namely , Patricke Grey , who sounded often in her ears , Mortua non mordet ; when she is dead , she cannot bite . The Queen notwithstanding , began to weigh with her self , whether it were better to rid her out of the way , or else to spare her ; and many great reasons offered themselves on both sides , but where only speculative reasons presented themselves for sparing her ; many practicall reasons , and those pressed both by Courtiers and Preachers , were presented to her ; so as long holden in suspence , she would oftentimes sit speechlesse , and her countenance cast down : At last , her fear prevayling , she delivered to Secretary Davyson , Letters under her hand and Seal , to get the Commission made under the Great Seal of England , for the Execution of the Queen of Scots , which might be in a readinesse upon any fear of danger ; charging him not to disclose the matter , to any whomsoever . But the next day her minde was altered , and sent Sir William Killegrew to Davyson , to countermand the making of the Commission . Whereupon Davyson goes to her , and lets her know , That the Commission was already made , and the Seal put to it ; Whereat , the Queen extreamly angry , rebuketh him sharply for his hastinesse ; yet Davyson imparteth the matter to Privy Councellors ; and perswades them , That the Queen Commanded , the Commission should be put in execution . Hereupon , Beale Clerk of the Councell , is sent down with Letters , wherein authority is deputed to the Earls of Shrewsbury , Kent , Derby , Cumberland , and others , that she should be put to death according to the Law ; with which proceeding , the Queen was not once made acquainted ; and more than this , Although she had intimated to Davyson , That she would take some other order concerning the Queen of Scots , yet did not he stay Beale from going . And now comes in the last Act of the Queen of Scots Tragedy● for assoon as the Earls were come to Fotheringay ; They , together with Sir Amis Pawlet , and Sir Drue Drurie , with whom she was then in custody ; go unto her , and reading the Commission , signifie the cause of their comming ; and in a few words , admonish her to prepare her selfe for death , for that she must dye the next day . Whereto , without any change of countenance or passion of minde , she made Answer ; I had not thought that my Sister the Queen , would have consented to my death , who am not subject to your Laws ; but since it is her pleasure , death shall then be to me most welcome . Then she requesteth that she might conferre with her Confessor , and Melvyn her Steward , which would not be granted : The Bishop or Deane of Peterborough they offered her , but them she refused . The Earles being departed , she gave order that Supper should bee hastened , where shee eat ( as she used to doe ) soberly , and sparingly ; and perceiving her men and women servants to lament and weepe , she comforteth them , and bid them rejoyce rather , that she was now to depart out of a world of misery . After supper , she looketh over her Will , read the Inventory of her Goods and Jewells , and writ their names severally by them , to whom she gave any of them ; at her wonted hour she went to bed , and after a few hours sleep , awaking ; spent the rest of the night in her devotion . And now the fatall day being come , wich was the 8 of February , she getteth up , and makes her ready in her best Apparell , and then betook her self in her Closet to Almighty God , imploring his assistance with deep sighes and groans ; untill Thomas Andrews Sheriffe of the County gave notice , that it was time to come forth , and then with a Princely Majesty , and chearfull conntenance , she came out , her head covered with a linnen Vayl , and carrying an Ivory Crucifix in her hand ; In the Gallery the Earls met her , and the other Gentlemen , where Melvyn her servant upon his bended knees , deplored his own fortune , that he should be the messenger to carry this sad newes into Scotland ; whom she comforted saying , Do not lament Melvyn , Thou shalt by and by see Mary Steward freed from all cares . Then turning her self to the Earls , She requested that her servants might stand by her at her death , which the Earl of Kent was very loath to grant , for fear of superstition ; To whom she sayd , Fear nothing , these poor wretches desire only to give me my last farewell . I know the Queen my Sister , would not deny me so small a request . After this , the two Earls , and the Sheriff of the County leading the way , she came to the Scaffold , which was set up at the upper end of the Hall , where was a Chayre , a Cushion , and a Block , all covered with Mourning . Then the Dean of Peterborough going to Prayers , she falling upon her knees , and holding up the Crucifix in both her hands , prayed with her Servants in Latine , out of the Office of the blessed Virgin . Prayers being ended , she kissed the Crucifix , and signing her self with the Sign of the Crosse , said , As thy arms , O Christ , were spread forth upon the Crosse , so embrace me with the open arms of thy mercy , and forgive me my sins . Then the Executioner asking her pardon , she forgave him . And now her women helping off her outer Garments , and breaking forth into shrikes and cryes , she kissed them , signed them with the Crosse , and willed them to leave lamenting , for now an end of her sorrows was at hand ; and then shadowing her face with a Linnen Cloth , and lying down on the Block , she repeated the Psalm , In te Domine speravi , ne confundar in aeternum ; at which words she stretching forth her Body , her head at two blows was taken off . Her Body was afterward Royally buried in the Cathedrall Church at Peterborough ; but since that , her Noble Son Iames , King of Great Britain , erected a Royall Monument for her , in King Henry the seventh's Chappell at Westminster . This end had Mary Queen of Scots , in the six and fortieth yeer of her age , and of her Imprisonment in England the eighteenth ; a Lady so compleat in all excellent parts of body and minde , that must needs have made her a happy woman , if she had not been a Queen ; and perhaps a happy Queen too , if she had not been Heir to the Crown of England : For why did all her endeavours want successe , but onely from the fear of that Succession ; and no Innocency of heas could be a Defence , where the fury of Jealousie made the Assault . Assoon as it came to the Queens knowledge , that the Queen of Scots was put to death , her countenance grew dejected , and her speech fayled her ; insomuch that all in mourning weeds , she gave her self over to sorrow , Commanded her Councellors from her Presence , and caused Davyson to be cited to the Starchamber . And assoon as grief would suffer her , She wrote a Letter with her own hand to the King of Scots , and sent it by Sir Robert Cary , to this effect ; That her minde was infinitely disquieted , in regard of this lamentable event , against her meaning and intent ; entreating him to believe , That if she had commanded it , she would never have denyed it , and withall , Protesting her true affection towards him , and her assiduous watchfulnesse for the prospering of his affairs . While Carye was on his journey , Davyson is cited to the Star-Chamber before these Delegates , Sir Christopher Wray Chiefe Justice of the Kings-Bench , for that time made Lord Privy Seal , the Archbishop ; of Canterbury and York , the Earls of Worcester , Cumberland , and Lincolne , the Lords Grey , and Lumley , Sir Iames Croft , Comptroller of the Queens House , Sir Walter Mildmay , Chancellor of the Exchequer , Sir Edmond Anderson , Lord Chief Justice of the Common Pleas , and Sir Roger Manwood , Lord Chief Baron ( where note , That Bromely Lord Chancellor , Burleigh Lord Treasurer , Leicester , and Hatton , who were indeed more guilty of the fact , than Davyson , were none of the number . ) Before these Delegates , Popham the Queens Atturney layeth to Davysons charge , Contempt of the Queen ; Majesty , violating of his trust , and neglect of his duty , laying open all particulars of his fact ; which after Egerton the Queens Solicitor , Gawdy , and Puckering her Serjeants at Law , urged also against him with great aggra●ation : To which Davyson mildely answered , That he would not contest with the Queen ; only protests , That if he had done any thing otherwise than he ought , it was out of ignorance and mistaking , and not out of any purpose to disobey her Majesty . It seems the Queen had carried her selfe , as one that would have it done , and yet was loth to do it , scarce knowing her one minde , and yet would have another know it ; meaning to make it the work of mistaking , rather than of purpose , that so at least she might leave some place of satisfaction to her selfe , that it was not absolutely of her doing . The Pleadings ended , the Commissioners went to censure ; Manwood began , and gave his opinion , That Davyson , for the inconsideratnesse of his fact● should be fined ten thousand pounds , and Imprisonment during the Queens pleasure ; the rest went on in that Sentence , only the Lord Grey excused Davyson so far , That he tho●ght him worthy of reward , rather than of punishment : The conclusion was , the first Sentence for his Fine and Imprisonment , was by Wray keeper of the Privy Seal confirmed ; and Davyson never after recovered the Queens favour , though she relieved him sometimes in his necessity . A man ingenious indeed , but not throughly acquainted with the wayes of the Court ; and thought to have been raised to this place , of purpose to Act this part , and for nothing else . By this time Sir Robert Cary , Son to the Lord Hunsdon , who was sent to excuse the Queen , was come to the Borders ; but being come thither , was not suffered to set foot in Scotland , The King would scarce hear him by another , and with much adoe received his Letters . He called home his Ambassador out of England , and thought of nothing but revenge . But the Queen still laying the fault upon Davyson , and the unadvised credulity of her Councellros , by little and little allayeth his passion ; and expecting , till time had somewhat asswaged his griefe , that it would endure to be touched , at length , by her Agents in Scotland ; And soon after by the Lord Hunsdon Governor of Berwicke , She admonished him , How dangerous it would be for him , to break out into War against England , and what little help he could justly expect from either Spain or France , but if he persisted in the amity with England , he might be sure the Queen of England , would most lovingly account him for her Son. And to the end , that he should assure himself , that the Queen his Mother was put to death without her privity , she sent him the Sentence against Davyson , under the Seals of all the Delegates , and attested under the Great Seal of England ; and another Instrument likewise signed with the hands of the Judges of England ; in which they averre , That the Sentence against the Queen of Scots , could in no wise be prejudice to his right in the Succession . Having now by these and the like courses , somewhat asswaged the King of Scots indignation ; to prevent the War which they foresaw was imminent from the King of Spain , they send forth Drake with four of the Queens ships and others , unto the Coast of Spain , to set upon their ships in the Have●s , and to intercept their Munition . Drake entring into the Port of Cales , sunck , took , and fired , about an hundred ships , wherein was great store of Munition and Victualls : Then returning to the Cape of St. Vincent , he set up three Forts , and compelled them to yeild . Thence setting sayl towards the Western Islands , called Azores , under the great Meridian ; by great good fortune he happened upon an huge and wealthy Carack , called St. Philip , returning from the East-Indies , and easily vanquished it ; Wherupon the Mariners on both sides , from the name of Philp , portended no good luck to Philip King of Spain . At the same time , Thomas Cavendish of Suffolke , in the other part of the World , who two years before had set sayl from England with three ships , passing thorough the Straights of Magellan , in the Coast of Chily , Peru , and Nu●va Hispania , fired a great number of Spanish Towns , took and pillaged ninteen great ships , and amongst them a wealthy ship of the Kings , nigh unto Caliphornia , in North America ; and so by the Philippine Isles , the Mol●cce , the Cape de Bone Esperance , and the Island of St. Helene , returned home the next year , being the third after Magellan , that sayled about the World. As Drake and Cavendish at this time gained great fame and renown● so two other men in the Netherlands ( Stanley and Yorke ) purchased as great infamy and disgr●ce : This Yorke was a Londoner , a bold fellow , and of loose behaviour ; famous for bringing first into England , the manner of turning the point upon the Adversary in single Combats , whereas the English till this time , were wont to be armed with Bucklers and swords , and to strike with edge , and it was held no manhood to turn the point , or strike below the girdle . He suffering some affront from the Earl of Leicester , fled away , and for a time , served under the Spaniards in the Netherlands , till at length being reconciled to Leicester , he was sent over the Fort near Zutphen ; but being bribed , he not only yeilded up the place to the Enemy , but drew to the like villany one Stanley , who with great valour had served in an Irish expedition ; to yeild up Daventry to the Spaniards , a wealthy and well Fortified Town . But what got they by their treachery , The Spaniards set Yorke and Stanley at variance , they poison Yorke and seize upon his goods , his carkasse was three years after digged up by the States commandment , and hanged upon a Gibbet till it rotted away● Stanley went into Spain , where there was no credit given to him ; for the Spaniards have a saying , It is lawfull to give honor to a Traytor sometimes , but never to trust him . These late treacheries , wrought the Earl of Leicester much envy with the Confederate Netherlands , because the Traytors were very intimate with him ; whereupon the States in large letters to the Queen , accuse Le●cester for his ill managing of the Weal-Publick , in the matter of money , Merchandize , and Military affairs ; and to his credulity , They impute the harm which accrewed by Yorke and Stanley . The Queen , for the narrow sifting of the matter , and composing it ; sent thither Thomas Sackvile Lord Buckehurst ( lately taken i●to her Privie Councell in Leicesters absence ) Norris , and Bartholmew Clerke : B●t when as the officious diligence of Buckhurst , seemed to trench upon Leicesters re●utation ; his grace with the Queen proved so forcible , that Buckhurst at his return , was for certain moneths confined to his house . Afterward , Sluce being beleaguered by the Prince of Parma , Leicester was by the States sent for out of England , to succour it ; the Town was furiously a●saulted , with seventeen thousand great shot , and a mighty breach was made into it ; which neverthelesse , Roger Williams , Franis Vere , Nicholas Baskervile , with the Garrison of the English and Wallons , were valiantly defended for a while , but at last were enforced to yeild it up● Leicester , that came to relieve it , finding himself too weak for the Besiegers , being gone away . And indeed , the States would not commit any great Army to his Command ; who ( they knew had a determination to se●ze L●yden , and some other Towns into his own hands , and had a purpose to surprize the absolute Government . Whereupon , the States used means , that Leicester was called home ; gave up the Government to the States , and in his roome succeeded Maurice of Nassaw Son to the Prince of Orange , b●ing now but twenty years of age . ) Peregrine Lord Willonghby , was by the Queen made Gene●all of the English Forces in the Low-Countries , to whom she gave command to reduce the English Factions into the States obedience ; the which , with the help of Prince Maurice , he easily effected . Leicester being now come home , and perceiving that an accusation was preparing against him by Buckhurst and others , for his unfaithfull managing of affairs in Holland ; privately with tears he cast himself down at the Queens feet , entreating her , that she would not receive him with disgrace , at his return , whom she had sent forth with honor ; and so far prevailed with her , that the next day being called to examination before the Lords , he took his place amongst them , not kneeling down at the end of the Table , as the manner of Delinquents is ; and when the Secretary began to read the heads of his Accusation , he interrupted him , saying ; That the publick instructions which he had received , were limited with private restriction ; and making his appeal to the Queen , eluded the whole crimination , with the secret indignation of his Adversaries . This year was famous for the death of many great Personages : In the moneth of February , dyed Henry Nevill Lord of Aburgaveny , great Grand-childe to Edward Nevill , who in the Reign of King Henry the Sixth , got this Title in the right of his Wife , only Daughter and Heir to Richard Beauchamp Earl of Worcester , and Lord of Aburgaveny ; In which right , when as the only Daughter of this Henry , Wife to Sir Thomas Fane , challenged the Title of Baronesse of Aburgaveny ; a memorable contention arose concerning the Title between her , and the next Heir Male , to whom by Will ( and the same confirmed by Authority of Parliament ) the Castle of Aburgaveny was bequeathed . This question being a long time debated ; at last in a Parliament holden in the second year of King Iames , the matter was tryed by voyces ; and the Heir Male carried the Lordship of Aburgaveny , and the Barony Le Dispencer , was ratified to the Female . This year also , in the moneth of Aprill , dyed Anne Stanhope Dutchesse of Somerset , ninety years old , who being the Wife of Edward Seymer Duke of Somerset , and Protector of England , contended for precedency , with Katherine Parre , Queen Dowager to King Henry the Eight . There dyed also , Sir Ralph Sadler , Chancellor of the Dutchy of Lancaster , the last Baneret of England , with which dignity he was adorned at the Battell of Musselborough in Scotland . After him dyed Thomas Bromley Lord Chancellor of England ; and six dayes after , He , whom the Queen meant should have succeeded him , Edward Earl of Rutland ; but he now fayling , Sir Christopher Hatton was made Lord Chancellor , who though he were a Courtier , yet the Queen knowing him to be an honest man , thought him not unfit for that place , where conscience hath , or should have more place than Law ; although some were of opinion , That it was not so much the Queens own choice , as that she was perswaded to it by some that wisht him not well ; both thereby to be a cause of absenting him from the Court , and thinking that such a sedentary place , to a corpulent man that had been used to exercise , would be a means to shorten his life , and indeed he lived not full out three years after . This yeer Sir Iohn Perot was called home out of Ireland , and left all in 〈◊〉 quiet to Fits Williams his Successor . For hitherto the English 〈◊〉 it no hard matter to vanquish the Irish , by reason of their unskil●ulnesse in Arms ; eight hundred Foot , and three hundred Horse , was ●●ld an invincible Army : but after that by Perots command , they were ●●●●cised in Feats of Arms , and taught to discharge Muskets at a Mark , 〈◊〉 had in the Low-Countries learned the Art of Fortification , they held the English better to it , and were not so easily overcome . And now we are come to the one and twentieth yeer of Queen Eliza●●●●s Raign , being the yeer 1588 , long before spoken of by Astrologers , 〈◊〉 be a wonderfull yeer , and even the Climactericall yeer of the World. And yet the greatest Wonder that happened this yeer , was but the wonderfull Fleet that Spain provided for invading of ENGLAND , if the defeat of that wonderfull Fleet were not a greater Wonder . It is true , there was at this time a Treaty of Peace between England and Spai● ; and the Earl of Derby , the Lord Cobham , Sir Iames Crofts , Dale and Rogers , Doctors of Law , Commissioners for the Queen : for the Prince of Parma , the Count Aurenberg , Champignie , Richardot , Ma●s , and Garvyer , Doctors , had many meetings about it neer to Ostend ; but it seemed on the p●rt of Spain , rather to make the English secure , that they should not make provision for War , than that they had any purpose of reall proceeding , seeing they accepted not of any reasonable Conditions that were offered , but trifled out the time , till the Spanish Navy was come upon the Coast , and the Ordnance heard from Sea , and then dismissed the English Delegates . The Spanish Navy consisted of one hundred and thirty Ships ; whereof Galeasses and Galleons , seventy two , goodly Ships , like to floating Towers ; in which were Souldiers , 19290 ; Marriners , 8350 ; Gally-slaves , 2080 ; Great Ordnance , 2630 : For the greater holinesse of their Action , twelve of their Ships were ca●led , The twelve Apostles . Chief Commander of the Fleet , was Don Alphonso , Duke of Medina ; and next to him , Iohn Martin Recalde , a great Sea-man . The twentieth of May they weighed Anchor from the River Tagus , but were by Tempest so miserably disperst , that it was long ere they m●t again : but then they sent before to the Prince of Parma , That he with his Forces , consisting of fifty thousand old Souldiers , should be ready to joyn with them , and with his Shipping conduct them into England , and to land his Army at the Thames Mouth . The Queens Preparation in the mean time , was this ; The Lord Charles Howard , Lord Admirall , with all her Navy ; and Sir Francis Drake , Vice-Admirall , to be ready at Plimouth ; and the Lord Henry Seymor ( second son to the Duke of Somerset , with forty English and Dutch Ships , to keep the Coasts of the Netherlands , to hinder the Prince of Parma's coming forth . Then for Land-Service , there were laid along the Southern Coast , twenty thousand souldiers , and two Armies besides of Trayned men were levyed ; over one of which , consisting of a thousand Horse , and two and twenty thousand Foot , the Earl of Leicester commanded , and pitched his Tents at Tilbury , neer the Thames mouth : Over the other , appointed to Guard the Queens Person , and consisting of four and twenty thousand Foot , and two thousand Horse , the Lord Hunsdon was Generall . Arthur Lord Grey , Sir Francis Knolles , Sir Iohn Norris , Sir Richard Bingham , Sir Roger Williams , and other Military men , were chosen to make a Councell of War , and consult how the Land-service should ●e ordered . These declared , amongst other things , That the places which lay fittest for the enemies landing , as Milford Haven , F●lmouth , Plimouth , Portland , the Isle of Wight , Portsmouth , the Downs , the Thames mouth , Harwich , Yarmouth , Hull , and such other , should be fortified with Works and Garrisons ; the Trayned Souldiers of those Shires which lay neer the Sea Coast , should defend those places , and be ready at the Alarm to hinder the Enemy from Landing ; but if he did land , then to spoyl the Countrey round about , that he might finde no food ; and by continuall crying , Arm , Arm , give the Enemy no rest , but yet should not give Battell , till good store of Commanders were come together . At this time many fearing the Papists at home , no lesse than the Spa●iards abroad , perswaded the Queen to take off the heads of some of t●e greatest of them ; but she detesting such cruelty , took order onely , That some few of them should be committed to custody in Wisbych Castle . And now all things on both sides prepared , the Spanish Navy set forth out of the Groyne in May , but was dispersed and driven back by weather . The English Navy set forth somewhat later out of Plimouth , bearing up towards the Coast of Spain ; but partly by occasion of contrary windes , partly by advertisement that the Spaniards were gone back , and upon some doubt also that they might passe by towards the Coast of England , whilest they were seeking them afar off , they returned to Plimouth ; At which time , a confident ( though false ) advertisement came to the Admirall , That the Spaniards could not possible come forward that yeer : whereupon the E●glish Navy was upon the point of disb●nding , and many of the men were gone on shore ; when suddenly the invincible Armada ( for so it was called in a Spanish ostentation ) was discovered upon the Western Coast : whereof the Lord Admirall being informed , had much ado to get the Queens Navy out of the Haven ( the winde being contrary ) yet at length he haled it forth . The next day , the English beheld the Spanish Ships , in height like to Castles , sayling slowly along , whom they suffered peaceably to passe by , that they might have the benefit of the winde to follow after . The one and twentieth day of Iuly , the Admirall of England sent a Pinnace before , called , The Defianc● , which by a great shot , challenged the Spaniards to fight , and by and by they fell to it . Then Drake , Hawkins , and Forbisher let fly against the outmost Squadron , which Recalde commanded , making him glad to fly to their main Navy for succour . The night following● a mighty Biskayner of Oquenda's ( in which the King of Spain's Treasure was ) was by chance fired with Gun-powder , but was timely quenched by other Ships sent to her succour ; one of which Ships , was the Galleon of Don Pedro , whom Sir Francis Drake took prisoner , and sent him to Darthmouth . The Biskayner it self ( the Treasure being taken out by the Spaniards ) they left behinde them , which the English brought into the Haven at Weymouth . The three and twentieth day of this Month , they had a seco●d Fight , in which most of the Spanish Shot flew over the English Ships , and never hurt them ; Onely Cock an English-man , being with his little Vessell in the midst of the enemies , died valiantly . The four and twentieth day , they rested on both sides ; in which time the Lord Admirall ranked his whole Fleet i●to four Squadrons : The first he ruled himself , Drake the second , Hawkins the third , and Forbisher the fourth . The five and twentieth day ( which was the Saint Iames day ) they fell to it the third time ; in which Fight , the English had again the better , so as after this time , the Spaniards would no more turne upon the English , but holding on their course , dispatched a Messenger to the Prince of Parma ; Requiring him forthwith to joyne himself to the Kings Fleet , and withall to send them Bullets . The day following , the Lord Admirall Knighted Thomas Howard , the Lord Shefield● Roger Townsend , Iohn Hawkins , and Martin Frobisher ; and holding a Councell of War , they decreed not to set again upon the Enemy , till they came to the streight of Calice , where the Lord Henry Seymor and Sir William Winter waited for their coming . And now so far were the English from being terrified with this invincible Navy , that many of the Nobility and other of speciall note , hired Ships at their own charges and came to the Admirall ; as the Earls of Oxford , Northumberland , Cumberland , Thomas and Robert Cecill , Henry Brook , Sir Charls Blunt , Sir Walter Raleigh , Sir William Hatton , Sir Robert Carie , Sir Ambrose Willoughby , Sir Thomas Gerard , Sir Arthur Gorge and others . The seaven and twentieth of July towards the Evening , the Spaniards cast Anchour neer unto Calis , and not far from them rode the English Admirall , within shot of a great Ordnance , to whom Seymor and Winter joyned themselve● , so as by this time there were in the English Navy a hundred and forty Ships , nimble and serviceable for Fighting or Sayling , yet only Fifteen of them bore the stroke of the Battell . And now againe the Spaniards sent Post after Post to the Prince of Parma to send them forty Flye-boates , without which they were not able to skirmish with the English , by reason of the greatnesse and unweldinesse of their Ships , and importune him presently to put to Sea with his Army ; But he was unprepa●ed , and his Flat-bottomed Boates were full of chinks and leaked , and besides , the Hollanders hovered before the Ports of Dunkerk and Newport , in such sort , that he durst not look forth . The eight and twentieth day ; the Lord Admirall made ready eight of his worst Ships , on the out-side dawbed with wild-fire , Rozin and Brimstone , within , full of combustible matter , and under the conduct of Young and Prowse , sent them down with the winde in the silent time of the night towards the Spanish Fleet ; the which when the Spaniards saw approach them , and the Sea as it were all on a light fire ; imagining withall , that those Fire-ships might carry in them some murthering Engines , they made ● hideous noise , took up Anchours , cutt Cables , spread Sayles , and betook themselves to their Oars , but more to flight : One of the Spanish Galleasses having lost her Rudder , and floating up and down , was held in fight by Annias Preston , Thomas Gerard , and Harvie , who ●lew Captain Hugh Moncada , cast the Souldiers over board , and carryed away a great deale of Gold , but the Vessell and Ordnance was wreck to the Governour of Calice . Drake and Fencz in the mean while perceiving the Spanish Fleet to gather togethea again before Graveling , set upon them with great violence , to whom str●ightwayes , Fenton , Southwell , Beeston , Crosse , and Riman joyne themselves , and soon after the Admirall himself , Sir Thomas Howard , and the Lord Sheffield , the Galleon called Saint Matthew , was sorely battered by Seymor and Winter , driven toward Ostend , and set upon again by the Zelanders , and at last was taken by the Flushingers . And now the Spanish Navy having want of many nec●ssaries , and no hope of the Prince of Parma's coming , they resolved to returne Northward for Spain ; in which passage they lost both many Ships and men , the English Navy still following them close , till they were faine to give them over for want of Powder . Whilest these things passed at Sea , the Queen ●n Person came to Tilbury to view the Army and Campe there , where she shewed such undaunted Courage and Resolution , that it wonderfully animated the spirits of them all . And thus this Navy , which was three whole Yeers in preparing , in the space of a month was often beaten , and at length put to flight , many of their men being slain , more then halfe of their Ships taken and sunk ( of the English not above a hundred at the most missing , nor so much as a Ship , but Cocks little Vessell ) and Sayling about all Brittaine by Scotland , the Orkeneys and Ireland , they returned into Spain with as much dishonour as they came out with boasting , for indeed Mendoza in France by a Book in Print , Triumphed before the Victory . For the happy successe of this Action , Queen Elizabeth appointed prayers and thanksgiving over all the Churches of England , and she ( as it were in triumph ) came in Person , attended with a great Troop of the Nobility into the City , and went into the Cathedrall Church of Saint Paul ( where the Banners taken from the Enemy was placed in view ) and there in most humble manner gave thanks to Almighty God. And ●hat which increased the publike joy , was the newes which Sir Robert Sidney brought out of Scotland , That the King had over-past all injuries , was lovingly affected towards the English , and desired to imbrace sincere and perfect amitie with the Queen . For as for the King of Spain , he wittily told the Embassadour , that he expected no other courtesie from him , but such as Polyphemus promised Ulisses , that he should be the last whom he would devoure . And now dyed the great Earl of Leicester the fourth day of September , at his Mannor of Killingworth of a violent Feaver ; I may well say the great Earl , considering the many great Honours he enjoyed , which are extant in the Story ; yet one honour greater then any he had before , he effected even then when he was ready to go out of the world , and that was● To be Vice-gerent in the high Government of England and Ireland , for which the Patent was already drawne , and had been sealed ; but that Burleigh and Hatton shewed the Queen how dangerous a thing it might prove , for so great Authority to reside in one Subject . He was while he lived in so great favour with the Queen , that some thought ( and himselfe not the least ) that she meant to marry him ; yet when he dyed , his goods were sold at an Outcry to make payment of the debts he owed her . About this time Philip Earl of Arundell , who three yeers before had been cast in prison , was now cited in Westminster Hall , to the judgement of his Peers , and Henry Earl of Derby was made High Steward of England for the time . The matters layd to his charge were these : That he had contracted friendship with Cardinall Allen , Parsons the Jesuite , and other Traytours , exciting divers both abroad and at home to restore the Romish Religion , promising his assistance thereunto : and for that reason had a purpose to depart the Kingdom . That he was privy to the Bull , in which Pope Sixtus Quintus had deposed the Queen , and given England to the Spaniard ; that being imprisoned in the Tower he caused Masse to be said for the prosperous successe of the Spanish Fleet , and for that purpose had framed peculiar prayers for his own private use . Being demanded whether he were guilty of these things ; turning himself to the Judges , he asked them these questions : First , whether it were lawfull to heap up so many crimes together in one Bill of Indictment ? They answered that it was : Then whether Arguments taken from presumptions were of force ? They answered , that it was lawfull for him to interpose exceptions if he saw cause . Then again , if he might be Arraigned for those things which were Capitall , by the Law made the thirteenth yeer of the Queen , after that the time expressed in the Act was expired ? They promised , they would proceed against him by no Law ; but the old Statute of Treason , made in the Raigne of King Edward the Third . But now again asked if he were guilty or not● He pleaded not guilty , whereupon Puckening the Queens Sergeant at Law , Popham Atturney Generall , Shuttleworth Sergeant at Law , and Egerton the Queens Sollicitour , in their turnes , urged and proved the crimes objected ; some whereof he denyed , some he extenuated ; but in conclusion was by his Peers found guilty and condemned ; yet the Queen spared his life , and was content with thus much done in terror to the Papists . It was now the yeer 1589. And the two and thirtieth of Queen Eliza●eths Raign ; when to be in some sort revenged of the Spaniards for their invasion , she gave leave to Sir Iohn Norris and Sir Francis Drake to under●ake an Expedition at their own private charges , requiring nothing of her but a few Ships of War , who took along with them Anthony the bastard , laying clayme to the Kingdom of Portingall , and of Souldidrs to the number of eleven thousand , of Sea-men about fifteen hundred : setting Sayle from Plimmouth the fifth day of Aprill , they arrived at the Groyne in Ga●acia ; whereof , with great valour they took first the Lower town , and afterward the Higher , and from thence sayling toward Portingall , they met Robert Earl of Essex , who without the Queens leave had put to Sea : After two dayes they arrive at Penycha a Town of Portingall , which they took ; and left the Castle to Don-Antonio , and from thence they march by land towards Lisbon threescore miles off : The Foot Companies led by Norris , whom Drake promised to follow with the Fleet. Being come to the West Suburbs of Lisbon , they found no body there but a few poor disarmed Portugalls who cryed out , God save King Antonio . The day following the Spaniards made a sayle out , in which Skirmish Bret , Caresley , and Carre , ( stout Commanders ) were slain ; yet did the Earl of Essex drive the Spaniards to the very gates of the Citie . And now having tarryed here two dayes , and seeing no signe of the Portingalls revolting ; which Don-Anthonio had assured them would be , finding fresh supplies come into the Town , their own Army sickly , Victualls and Powder failing ; and that which most of all Sir Francis Drake not bringing the great Ordnance as he promised , they departed from the Suburbs of Lisbon towards Cascais , a little Town at the mouth of the River Tagus , which Town Drake had taken this meane while , who excused his not coming to Lisbon , by reason of the Flat● he must have passed , and the Castle of Saint Julian , Fortified with fifty pieces of great Ordnance . Neer this place they found threescore Hulke● of the Hause towns of Germany , laden with corne and all manner of Munition , which they took as good prize towards their charges , in regard the Queen had forbidden them to carry Victualls or Munition to the Spaniard . From hence they set sayle toward Virgo , a forlorne Town by the Sea-side , and pillaging all along that Quarter , returned for England , having lost in the Voyage of Souldiers and Marriners about six thousand ; yet not so much by the Enemy , as by eating of strange fruites and distemper of the Climate . It concerns the state of England , to look at this time into the state of France ; for while those things were in doing between Spain and England , the Popish Princes of France , under pretext of defending the Catholike Religion , entred into a combination , which they called , The holy League : The purpose whereof was , to root out the Protestants , and to divert the Right of Succession to the Crown of France ; For they bound themselves to each other by oath , to suffer no person but a Catholike to be King of France ; which was directly to exclude the King of Navarre , and the Prince of Conde , if the present King , without issue male , should fail . The head of this League , was the Duke of Guise , who having given some overthrows to the German Forces , that came into France in aid of the Protestants , was immeasurably extolled by the Clergie and others ; and grew to such a height of reputation , that entring into Paris , he made the King glad to leave the City , and in an Assembly at Bloys , to make him great Master of the French Cavalery , and to consent by Edict , to the cutting off the Protestants . So as the King standing now in fear of him , used means at last , even in the very Court , to have him murthered ; and soon after , the Cardinall his brother to be strangled . Hereupon so great a confusion followed , that the people every where disobeyed the Magistrates , and spoiled the Kings very Pallace at Paris . Some Cities affected a Democr●cie , others an Aristocracie , but few liked of a Monarchy . The Confederates in the mean while , made a new Seal , usurped the Royall Authority , seized into their hands the best fortified places , intercept the Kings Revenues , call in Spanish Souldiers , and in all places denounce war and violence against the King. And the King in this case being forced to flye to the Protestant● for succour , they then most wickedly , by one Iames Clement a Monk , made him away . The King being ready to dye , Declareth the King of Navarre to be his lawfull successor , but the Confederates would exclude him as an open Heretick ; and yet whom to make choice of they cannot well agree , some would have the Duke of Lorraine , as being descended from the ancient Kings of France , some th● Duke of Savoy , as borne of the French Kings daughter , a Prince Po●e●t and Couragious ; others would have the Duke of Guises brother that wa● murthered● others the King of Spain ; but the greatest part gave thei● voices for the C●rdinall of Bourbon , who was one degree neerer al●yed to the slain King , then the King of Navarre his Nephew . He therefore was presently proclaimed King of France , with the Title of Charls the Tenth ; but he being a Priest , the King of Navarre also was at the same time proclaimed King of France , who abode at Diepe a Sea Town of Normandy , and doubted not to drive the Cardinall easily out of France . The King of Navarre being thus raised in Dignity , but weake in means , implored Aid of the Queen of England , offering to make a League Offensive and Defensive ; the Queen out of a pious respect to a King of her own Religion , sent him presently two and twenty thousand pound sterling in Gold ( such a summe of Gold , as he professed he had never seen at one time before ) and withall supplyed him with four thousand Souldiers , under the command of Peregrine Lord Willoughby ; for Colonells , she appointed Sir Thomas Wilford , who was made Marsh●ll of the Field , Iohn Boro●ghs , Si● William Drury , and Sir Thomas Baskervyle , and gave them a months pay in hand . Hereupon the Confederates ( whom the King had vanquished ● little before at Arques beyond all expectation ) began to quaile , and the day before the Arrivall of the English they vanished away , with this addition of Forces the King marcheth to Paris , and being ready to enter the Citie , causeth a retreat to be ●ounded , as loath to have spoile made of a Citie , which he hoped shortly should be his own . Afterwards by the assistance of the English he wonne many Towns , and then having marched at least five hundred miles on foot , he gave them leave after a long winters service , to returne into England . In which Voyage of men of note , dyed Captain Hunnings , but of a naturall death , also Stubbs ( he whose right hand was cutt off for writing the book against the Queens marriage ) and Sir William Drury slain by Master Boro●ghs in a single Combat , where the quarrell was , that he being but a Knight , would take place of Boroughs that was the younger son of a Baron , contrary to the Lawes of the English Gentry . About this time , Iames King of Scots ( with Queen Elizabeths good liking ) Espoused Anne the daughter of Frederick the second King of Denmarke by his Deputy ; but she afterward sayling for Scotland , was by tempest cast upon Norway , and there , through continuall stormes forced to stay , so as the King in the winter season set sayle thither , that the marri●ge according to his vow might be accomplished within the yeer : some were of opinion that those stormes were caused by witch-craft , and was confirmed indeed by some witches taken in Scotland ; who confessed they had raised those stormes to keep the Queen from landing in Scotland , and that the Earl of Bothwell had asked Counsell of them concerning the Kings end ; who was thereupon cast into prison , but in a short time breaking loose , occasioned new stirs in Scotland . This yeer , many Noble personages dyed ; Frances Countesse of Sussex , sister to Sir Henry Sidney , Sir Walter Mildway , Chancellour and Vice-Treasurer of the Exchequer , William Somerset Earl of Worcester , so numerous in his off-spring , that he could reckon more children of both Sexes , then all the Earls of England . Also Iohn Lord Sturton , Henry Lord Compton , and at Bruxels the Lord Paget . At this time , the Queen who was alwayes frugall , strained one point of Frugality more then ever she had done before ; for upon the information of one Caermarden , ( though Burleigh , Leicester , and Walsingham were offended , that credit should be given to such a one , and themselv●s neglected ) she raised Thomas Smith the customer from thirteen thous●nd pounds yeerly , to two and forty thousand pounds , and at last to fifty thousand . It was now the yeer 1590. and the three and thirtieth of Queen Elizabeths Raigne , in which , the Earl of Cumberland made a Voyage to the Indies , where he laid levell to the ground the Fort of the Isle of ●iala , and brought away eight and fifty Pieces of great Ordnance . This yeer was fatall to many Noble personages ; first dyed Ambrose Dudley Earl of Warwick , ( son to Iohn Duke of Northumberland ) without issue . After him Sir Francis Walsingham , Secretary , a man more skilfull in the Politicks , then in the Oeconomicks ; more cunning in managing matters of the publick State , then of his own private estate , which he left so mean , and dyed so much indebted , that he was fain to be buryed by night , without a●y Funerall pomp , in the Cathedrall Church of Saint Paul ; leaving behinde him one onely daughter , famous for her three husbands , all of them the goodliest men of their time ; the first , Sir Philip Sidney ; the second , Robert Earl of Essex ; the third , Richard Burgh Earl of Clanricard , by King Charls made Earl of Saint Albans . Within two Moneths after W●lsingham , dyed Sir Thomas Randol● , who had been fourteen times sent in Embassage to severall Princes , yet was never rewarded with any greater dignities , then the Chamberlainship of the Exchequer , and the Postmastership of England . Soon after him dyed Sir Iohn Crof●s , who had done good service in Scotland , in Edward the sixths time ; in Queen Mary's time was condemned of high Treason ; in Queen Elisabeths time set at liberty , and made Comptroller of her house . After him dyed George Talbot , the seventh E. of Shrewsbury of this house ; he was made Earl Marshall of England , and left behinde him a memoriall of Wisdom and Integrity . Lastly dyed Thomas Lord Wentworth , the last of the English that had been Governour of Calice . In Ireland at this time Hugh Gaveloc ( so called , because he had been long kept in Fetters ) the naturall son of Shan O Neale , accused Hugh Earl of Tir-Oen , for holding private consultations with certain Spaniard , who in 88 were by Shipwrack cast upon the coast of Ireland : Tir-Oen to prevent the Accusation , took the said Hugh , and when others refused to do it , took a cord and with his own hands strangled him . Hereupon he was sent for into England , and came , and upon pardon obtained , solemnly undertook in presence of the Queen at Greenwich , to maintain the peace with Turlogh Leynigh ; Not to usurpe the Title of O-Neale , nor any authority over the Gentry about him ; to reduce the Territory of Tir-Oen to the form of a County , and civil behaviour , and many such matters ; giving hostages for his true performance ; and indeed for a time he observed all things very duly . This trouble allayed , another arose ; for soon after this , Hugh Roe Mac-Mahon , a Potentate in the Territory of Monaghan , compelled those under his jurisdiction to pay him tribute ; whereupon the Deputy caused him to be taken , and tryed by a Jury of common Souldiers , and then to be hanged up , dividing his lands amongst certain English ; and some of the Mac-Mahons , reserving a certain yeerly Rent to the Crown of England , by this means thinking to extinguish the Power and Title of Mac-Mahon . But hereupon , O-Rork , fearing hee should be served in like manner , took up Arms against the Queen , whom Bingham President of Connacht soon distressed , and drave into Scotland , and at the Queens request , was by the King delivered up into his hands . It was now the yeer 1591. and the Four and thirtieth of Queen Elisabeths Raign , when she , carefull lest Britain should come into the Spaniards hands , sent Edmund York into France , to advertise the King to take care thereof ; and promising to send him Forces to that end , if he would , some Towns , where they might be in safety . Hereupon he named Cherburg , Granvile , or Brest , as the fittest ; and it was agreed , that Three thousand English should be sent into Brittainy and Picardy ; but in the mean time , Henry Palmer was sent to Sea , with certain Ships , who seized upon Thirteen Spanish Ships , as they were returning from Nova Francia . And now Roger Williams , with a Company of Six hundred Souldiers , passeth over to Diepe in Normandy ; and Sir Iohn Norris with the rest of the Forces , hasted into Britain soon after . Roger Williams , with his own Six hundred , and the help of Charter Governour of Diepe , put to rout the Confederates , that had blocked up the passages ; whose valour , the French King in his Letters to the Queen , highly extolled . Whereupon growing more couragious , and not minding his charge , which was to stay at Diepe , he accompanyed the King to the very Suburbs of Paris , where in honour of his Nation , he sent a Challenge to the Spaniards , to encounter Two hundred Pikemen of the English , and a hundred Musquetiers , with as many Spaniards in open Field . After this , the King of France acquainted the Queen , that he had a purpose to set upon Roan , or New-haven , before the Prince of Parma should come into France , and thereupon requested her , to send Four thousand English into Normandy , which upon certain conditions she willingly did , and sent them under the Command of Robert Earl of E●sex , accompanyed with Sir Thomas Leighton , and Sir William Killegrew , as his Counsellours . When the Earl came into France , he found that the King was at Noyon , and in Normandy no preparation for the War at all , which seemed strange , and much troubled him ; but by and by Sir Roger Williams comes to him from the King , requesting him to come to Noyon , that they might confer concerning a course of War. Thither the Earl made a tedious journey , and being come thither ; the King told him , he was now of necessity to go himself into Champaigne ; but promiseth to send Marshall Biron , and the Duke of Montpensier forthwith to him , to lay siege to Roan . Hereupon the Earl returned to his Tents , expecting their coming , but neither of th●m ●●me , which troubled the Earl more then before ; so as being weary now 〈◊〉 doing nothing , he made himself one approach to Roan , where hi● Brother W●lt●● Devereux was unfortunately slain . Indeed the affairs of the ●ing of Fr●nce were at this time upon so uncertain terms , that before he could ●●t 〈◊〉 h● had resolved , something still intervened , that diverted him ; for which , by his Letters he excused himself to the Queen of England , and by the mediation of the Ea●l , and Mornay Lord du Plessie , whom to that end he sent into England , obtained new supplies , and then besieged Roan . At this time was memorable the prodigious cariage of one Hacket , born at Oundale in Northamptonshire , a mean fellow of no learning , whose first prank was this ; That when , in shew of Reconciliation to one with whom he had been at variance , he imbraced him , he bit off his Nose , and the man desiring to have his Nose again , that it might be sowed on , while the wound was green , he most villanously eat it up , and swallowed it down before his face . After this , all on a ●udden , he took upon him a shew of wonderfull holinesse , did nothing but hear Sermons , and getting Scriptures by heart , ●●d counterfeting Revelations from God , and an extraordinary calling , and ●rew to be so magnified by certain zealous Ministers , and specially of one ●●●ard Coppinger , ( a Gentleman of a good house ) and one Arthington , a great admirer of the Geneva Discipline ; that they accounted him as sent ●rom Heaven , and a greater Prophet then Moses or Iohn Baptist , and finally , that he was Christ himself , come with his fanne in his hand , to judge the world . And this they proclaimed in Cheapside ; giving out that Hacket participated of Christs glorified body , by his especiall Spirit , and was now come to propagate the Gospel over Europe , and to settle a true Discipline in the Church of England ; and that they themselves were two Prophets , the one of Mercie , and the other of Judgement ; with many other such incredible blasphemies ; whereupon Hacket was apprehended and arraigned ; and at last , hanged , drawn and quartered , continuing all the time , and at his death , his blasphemous Assertions . Coppinger a while after starved himself to death in prison , Arthington repented , and made his Recantation in a publike writing . Besides these , other also at this time opposed the established Government of the Church of England , crying down the calling of Bishops , with whom sided some Common-Lawyers also , affirming , that the Queen could not depute , nor these men exercise any such Ecclesiasticall Jurisdiction ; and that the Oath Ex Officio was unchristian . But the Queen conceiving , that through the sides of the Prelates , she her self was shot at , suppressed them what she could , and maintained the Government formerly established . About this time , the Lord Thomas Howard , with six of the Queens ships , having waited at the Azores six whole Moneths , for the coming of the Spanish Fleet from America , was at last set upon by Alphonso Bassano , with three and fifty ships , sent out for the Convoy of the American Fleet , where Richard Granvile Vice-Admirall , being in the Revenge , and separated from his company , was so hemmed in by the Spanish ships , and so battered with great shot ; that most of his men being slain , his Main-mast cut off , himself sore wounded in the head , he commanded to sink the ship , that it might not come into the Spaniards hands ; but this being countermanded by most voices , it was agreed , to yeeld it to the Spaniards , upon condition that the men should be set at liberty . Granvile himself was carryed into the Spanish Admirall , where within two dayes he dyed , not without praise of his very enemies : Thus the great ship called the Revenge , was yeelded , but had so many leaks in the Ke●l , that soon after it was cast away in a storm ; and the losse of this one ship the English soon made good upon the Spaniards , by taking many of theirs . About this time also , Cavendish , who in the yeer 1578. had sailed round about the world , now with five ships bent his course toward the Magellan Straits , but by reason of foul weather , was not able to passe them , being driven to the coast of Brasile , was there cast away . And now , enmity increasing daily between Spain and England , two Proclamations were set forth ; one , prohibiting upon pain of high-Treason , to carry Victuals or Munition into any of the King of Spains dominions : Another , forbidding all persons to entertain any in their houses , till inquiry made , what they were , lest they might entertain Popish Priests , who at this time came swarming into England , by reason the King of Spain had lately founded a Seminary at Valledolid for the English. At this time dyed Sir Christopher Hatton , Lord Chancelour , whom of a mean Gentlemans house , the Queens favour had raised to this height of Dignity ; a goodly personage of body , of Noble , but no aspiring spirits ; the onely of all the Queens speciall Favourites , that dyed a Batchelour ; and therefore left William Newport his sisters son his heir , who erected for him , in Pauls Church , a sumptuous Monument . After his death , the keeping of the great Seal was for certain Moneths committed to the Lord Burleigh Treasurer , Hunsdon , Cobham and Buckhurst : Afterward , Puckering the Queens Sergeant at Law was elected , not Chancelour , but Keeper of the great Seal . At this time also , Brian O-Rork , the Irish Potentate , was arraigned at Westminster ; his Indictments were , For raising Rebellion against the Queen , for dragging her Picture at a horse tail , for giving the Spaniards entertainment ; which things being told him by an Interpreter , ( for he understood no English ) hee said , Hee would not be tryed , unlesse the Queen her self in person sate to judge him . Yet being told , that it was the Law ; hee onely said , If it must be so , let it be so ; and so condemned , was executed at Tyburn as a Traitour , whereof hee seemed to make as little reckoning , as if it had but been in jest . And now this yeer , the Queen made the Colledge of Dublin in Ireland , an University , which was formerly the Monastery of All-Saints , endowing it with power to confer Scholasticall Dignities . At this time , Sir Iohn P●rot , who had been Deputy of Ireland , and done good service there , was yet by the malice of Adversaries , of whom Hatton was one , called in question , before the Baron Hunsdon , the Lord Buckhurst , Sir Robert Cecill , ( lately made a Councellour ) Sir Iohn Fortescue , Sir Iohn Wolley , and some of the Judges : His Accusations were ; first , that he had spoken opprobrious words against the Queen , saying , Shee was illegitimate and cowardly ; secondly , that hee had fostered notorious Traitours , and Popish Priests ; thirdly , that hee held correspondence with the Prince of Parma , and the Queens enemies . To the first of which he confessed , that in his passion he had spoken of the Queen unadvisedly , for which hee was infinitely grieved ; the rest hee denyed : And all men knew , he was never Popishly affected . His Accusers were , one Philip Williams , sometime his Secretary ; Denys O-Roghan an Irish marryed Priest , whose life hee had saved ; and one Walton , a fellow of no worth or Reputation . Yet the crimes being urged against him , by Popham and other Lawyers , till eleven a clock at night ; hee was at last condemned of high Treason , but Sentence wa● not pronounced till twenty dayes after ; and yet was not put to death , but dyed a naturall death in the Tower ; hee vvas a man of a goodly personage , stout and chollerick , and one whom ( many thought ) the Queen had the more reason to respect , for her father King Henry the Eighths sake . The Earl of Ess●x , after a tedious Winters siege in Normandy , challenged Monsieur Villerse Governour of Roan to a single combate , who refusing to meet him ; hee then returned into England , being called home by the Queen , whose favour , by his long absence , might else have suffered prejudice . And now the King of France , hearing that the Prince of Parma was coming i●to France , once again was fain to flye to the Queen for succour , to whom , upon certain conditions , she granted an Army of four thousand men , and some great Ordnance , with which Sir Iohn Norris was sent into France ; whom yet the French King imployed not , as was agreed , to the great displeasure of the Queen . But as for the Prince of Parma's coming into France , hee was prevented by death , when hee had governed the Netherlands under the Spaniard fourteen yeers ; a Prince of many excellent parts , and whom Queen Elisabeth never mentioned but with honour . And now Queen Elizabeth considering that the King of Spaines chiefe strength was in his Gold of America , sends forth Sir Walter Ralegh with a Fleet of fifteene Ships to meete with the Spanish Fleet ; who passing by a Promontory of Spain , received certain intelligence , that the Spa●ish Fleet was not to come forth that yeare : Whereupon , dividing his Navy into two parts ; whereof , the one he committed to Sir Iohn Bur●●●ghs , the other to Sir Martin Forbysher ; he waited other opportunities , when soon after , a mighty Caraque came in view , called The Mother of God , which from the Beake to the Sterne , was a hundred threescore and five foot long , built with seven Decks , and carrying six hundred men , besides rich Merchandize . This great Vessell they took , and in it , to the ●●lue of a hundred and fifty thousand pounds sterling , over and above what the Commanders and Sea-men pilfered . This yeare , the Queene going in Progresse , passed through Oxford , where she was entertained by the Schollers with Orations , Stage-Pl●yes , and Disputations ; and by the Lord Buckhurst Chancellor of the University , with a sumptuous Feast . At her departure , She made a Latine Oration , wherein she vowed a vow , and gave them counsell ; Her vow was , That as she desired nothing so much , as the prosperity and flourishing estate of her Kingdome , so she as much wished to see the Universities and Schools of learning to flourish likewise . Her Counsell was , That they would serve God above all , not following the curiosity of some wits , but the Lawes of God , and the Kingdome , That they would not prevent the Lawes , but follow them , nor dispute whether better Lawes might be made , but observe those which were already Enacted . This year , dyed Anthony Browne Viscount Montacute , whom Queene Mary honored with this Title ; because his Grandmother was Daughter , and one of the Heirs of Iohn Nevill Marquesse Montacute ; who , though he were a great Roman Catholike , yet the Queen finding him faithfull alwayes , loved him , and in his sicknesse went to visit him . There dyed at this time also , Henry Lord Scroope of Bolton , Knight of the Garter , and long time Governour of the Westerne Border toward Scotland . At this time Henry Barrow , and his Sectaries , condemning the Church of England to be no Christian Church , and derogating from the Queens Authority in matters Ecclesiasticall ; he the sayd Barrow , as Ring-leader of the rest , was put to death , in terror to all such disturbers of the peace of the Church . About this time , by reason of the Queens correspondence with the Turk , to the end , her Subjects might have free Trading in his Territories ; It was maliciously given out by some , that she had excited the Turke to a War against the Christians ; which caused the Queen to write to the Emperour , shewing him the falsenesse of this report , wherein she gave him full sa●●sfaction . And now a constant report came into England , That the King of France had already embraced , or was ready to embrace the Romish Religion , which so much troubled the Queene , that she presently sent Thomas Wilkes into France ; with reasons ( if it were not too late ) to divert him from it . But before Wilkes came , the King indeed had openly professed the Romish Religion , at the Church of Saint Denis in Paris ; of which his Conversion , he declared the causes to Wilkes at large , shewing , the necessity of it , unlesse he would suffer himselfe to be utterly thrust out of the Kingdome . And the French AMBASSADOR signifying as much to the Queene , in great perplexity , She writ to him to this effect . Alas , what grief ? what anxiety of minde hath befallen me , since I heard this news ? was it possible that worldly respects should make you lay aside Gods feare ? ●●uld you thinke , That He , who had hitherto upheld and kept you , would now at the last , leave you ? It is a dangerous thing to doe evill , that g●od may come thereof . But I hope your minde may alter ; In the meane while , I will pray for you , and beg of God , That the hands of Esau , may not hinder the blessing of Jacob. To this the KING Answered , That though he had done this in his owne Person out of necessity ; yet , He would never be wanting to those of the Reformed Religion , but would take them into his speciall care and Protection . And now was Richard Hasket , condemned and executed for Treaso● , being sent from the English Fugitives beyond Sea , to perswade Ferdinand Earle of Derby , Sonne to Henry newly deceased , to assume the Title of the Kingdome ; by right of Descent from Mary , Daughter to Henry the Seventh ; and threatning him , that unlesse he undertooke this enterprize , and withall , concealed him the Abettor , he should shortly dye in most wretched manner . But the Earle fearing a trap was layd for him , revealed the matter ; yet the fellows threating proved not altogether vaine , for the Earle within foure Moneths , dyed a most horrible death . This yeare , Death had his tribute payd him from the Nobility ; for there dyed Henry Ratcliffe Earle of Sussex , and three renowned Barons , Arthur Grey of Wilton , Henry Lord Cromwell , and Henry Lord Wentworth ; besides Sir Christopher Carlile , whose Warlike Prowesse at Sea and land , deserves to be remembred . In IRELAND , at this time , divers great men in Connaght Rebelled ; and Tu●logh Leynigh being dead , Tir-Oen assumed to himselfe , the title of O-Neale , ( which in IRELAND is more esteemed , than to be called EMPEROVR ) But upon a sudden , dissembling his disconte●t , hee submitted himselfe to the DEPVTY , and promised all obedience . I● was now the yeare 1594 , and the seven and thirtieth of Queen ELIZABETH● Raigne ; when the good correspondence betweene the King of Scots and Queen ELIZABETH , gave the Papists small hope that ever he would prove an Instrument to restore the Catholike Religion . Whereupon , they began to bethinke themselves of some English Papist , that might succeed the Queene ; but finding none of their owne Sect , a fit person , they fixed their thoughts upon the Earl of Essex , who alwayes seemed a very moderate man ; and him they devised to have some right to the Crowne , by Descent from Thomas of Woodstocke , King EDVVARD the Thirds Sonne . But the English Fugitives , were for the Infanta of Spaine , and desiring to set the King of Scots and the Earle of Essex at ods ; they set forth a Book , which they Dedicated to Essex , under the name of Doleman , but was written indeed by Parsons ( Dolemans bitter Adversary ) Cardinall Allen , and Francis Englefield . The scope of which Booke was , to exclude from Succession , all persons whatsoever , and how near soever Allied to the Crowne , unlesse they were Roman Catholikes ; Contending further , for the right of Isabella , Infanta of Spaine , as being descended from Constance , Daughter of WILLIAM the Conquerour ; from Eleanor eldest Daughter to HENRY the Second , Married to Alphonso the ninth King of Castile ; from Beatrix , Daughter to King HENRY the Third , Titles obsolete , and which exceed the bounds of Heraldry to discusse . This year , the nineteenth of February , was Henry Prince of Scotland born , to whom the Queen was Godmother , and sent Robert Earl of Sussex for her Deputy . But now greater matters were in hand , Plots were layd against the Queenes life ; some Spaniards thinking to make her away by Poison , and not daring to trust any Englishman in such a businesse ; they treat to that purpose , with Rodericke Lopes a JEV● , and Phisitian to the Queen , wi●h Stephen Ferreir● , Emmanuel Loyfie , and other Portugalls ; for divers of that Nation came into England at this time , in relation to Anthonio● who being discovered by letters of theirs , that were intercepted , were Arraigned at Guildhall , and by their own confessions convinced , to have conspi●ed against the life of the Queen , they were all condemned , and Exe●●●ed at Tiburne ; LOPES professing that he loved the Queen , as well as Jesus Christ , which was cause of laughter to them● that knew him to be a JEVV . The next day after them , was condemned C●llen● an Irish Fencer , sent hither by the English Fugitives , to kill the Queen , who was straightway executed , though he were at that very time sick and ready to dye . About this time , Sir Iohn Norris having been in a hot conflict at sea against the Spaniard , where Sir Martin Forbysher received his deaths wound , was now called home , with a purpose to send him into Ireland . In which mean while , Richard Hawkins , Sonne of Sir Iohn Hawkins the famous sea Captain , had been set forth a year since , with three of the Queens ships , and two hundred men in them ; whereof , one of them at the Isle o● St. Anne , was by chance fired , another of them seperated by tempest , returned into England ; himself in the third , passed the Straights of Magellan , being the sixth man in the Spanish accompt , that had ever done it ; and being now come into the wide Southern sea , he took five ships laden with Merchandize ; one whereof he took away , the rest he suffered to redeeme themselves for two thousand Duckats : But at last , being set upon by Bertrandus a Castro , who was sent out by the Vice-Roy of those parts , with eight ships against him ; after three dayes battery , he yeilded , and though upon composition , yet was neverthelesse sent into Spain , and there for divers years kept prisoner . But Iames Lancaster in another part of America , had better successe ; for being set forth by some London Merchants ( whose goods the Spaniards had seized ) with three Ships and a long Boat , Hee tooke nine and thirty Spanish Ships , and at Fernanbucke in Brasile , where the wealth of an East-Indian Caraque was lately unloden ; hee desperately venturing upon the Shoare , Loaded Fifteene Ships with the wealth of the Indian Caraque ; Sugar , Reed , Redwood called Brasill , and other Merchandize , and then safely and victoriously returned home . At ROME , about this time dyed Cardinall ALLEN , borne in Lancashire of an honest Family , brought up in Oxford , in Oriall Colledge . In Queene Maries dayes he was Proctor of the University , and after Canon of the Cathedrall Church at YORKE . Upon the change of Religion in ENGLAND , he left the Kingdome , and was Divinity Professor at Doway in Flanders , and made Canon of the Church at Cambray . He procured a Seminary to be set up in Doway , for the English , another at Rheims , and a third at Rome ; and through zeal of the Romish Religion , forgot whose subject he was born . At home , at this time , dyed Iohn Peers Archbishop of Yorke , in whose place , succeeded Matthew Hutton , translated from the See of Durham . There dyed also Ferdinand Stanley Earl of Derby , being in the floure of his age , miserably tormented , and vomiting ●tuffe of a darke rusty colour , being thought to have been poysoned or bewitched . There was found in his chamber a little image of wax , with hairs of the colour of his hairs , thrust into the belly ; which some thought was done of purpose , that men should not suspect him to be poisoned ; his vomit so stained the silver Andirons , that it could never be gotten out , and his body though put in searcloathes and wrapped in lead , did so ●tinck and putrifie , that for a long time none could endure to come neer where he was buried . The Master of his Horse was much suspected , who the same day the Earl tooke his bed , took one of his best Horses , and fled away . About this time also dyed Gregory Fines Lord Dacres , a man somewhat crazed , the Son of Thomas Lord Dacres , hanged in the Raign of King Henry the Eight . And now Sir William Fitz Williams Lord Deputy of Ireland was called home , and William Russell youngest Son of Francis Earl of Bedford , was sent in his room ; to whom presently came the Earl of Tir-Oen , and in humble manner craved pardon of his fault , that he had not presented himself at the call of the late Lord Deputy . Bagnall Marshall of the Irish Forces , exhibited many Articles against him , but he so pleaded for himself with promise of loyalty hereafter , that he was dismissed . But see the subdolousnesse of this man , for he would never after be gotten to come again , though the Deputy sent for him with many kinde messages . It was now the year 1595 , and the eight and thirtieth year of Queen Elizabeths Raign ; when Ed●ond Yorke , and Richard Williams who were formerly apprehended , came to their tryall , and were executed at Tiburn , for being bribed to kill the Queen . At this time a constant rumor was blown abroad from all parts of Europe , that the Spaniards were coming again against England , with a farre greater Fleet than that in Eighty Eight , and that it was already under sayl ; whereupon , Souldiers were levyed , and placed on the Sea-coast . Two Navies were made ready , one to expect them at home in the Channell ; the other , to go for America , under Hawkins and Drake ; but when all came to all , it was but certain Spaniards , who loosed from the sea-coast of France , with four Gallies , which betimes in the morning landing in Cornwall , fired a Church standing alone in the fields , and three Villages of Fishermen , Neulyne , Moushole , and Pensaus , and then presently retyred , not taking or killing any one person ; And these were the first and last Spaniards , that in hostile manner ●ver set foot upon English ground . And now mischiefs growing daily in France , a great number perswaded the King , to conclude a Peace with Spain , and the Queen her self began to mistrust him ; especially , having lately received intelligence out of the Popes Conclave ; that he was received into the bosome of the Church of Rome , with the Popes Benediction , and that upon conditions prejudiciall to the Protestants . And therefore at this time , were divers undertakings of the English against Spain ; Sir Walter Rawleigh Captain of the Guard , having defloured a Mayd of Honor ( whom afterward he married ) had lost the Queens favour , and was held in Prison for certain moneths ; but afterward being set at liberty , though banished the Court. He undertook a Voyage to Guyana , setting sayl from Plimmouth in February , he arrived at Trinidada , where he took St. Iosephs Town , but found not a jot of money there : From hence , with Boats , and a hundred souldiers , he entred the vast River Orenoque , ranging up in Guyana four hundred myles , but getting little , but his labour for his travell . In like manner , Amyas Preston and Sommers , Pillaged sundry Towns of the King of Spains in the Western parts ; and three ships of the Earl of Cumberland , set upon a huge Caraque , which by casualty was fired when they were in fight , and these were the enterprises of private persons : but the Queen being informed , that great store of wealth for the King of Spains use , was conveyed to Port Rico , in St. Iohns Island ; sent thither Hawkins , Dr●k● , and Baskervile with land Forces , furnishing them with six ships out of her own Navy , and twenty other men of War. They set sayl from Plimmo●th the last of August , and seven and twenty dayes after , came upon the Coast of the great Canarie , which being strongly Fortified , they forbore to assault . A moneth after , they came to the Isle of St. Dominicke , where five Spanish ships being sent forth to watch the English , lighted upon one of the small English ships which was strayed from the Company , and ●●●ting the Master and Marriners upon the Rack , understood by them , That the English Navy was bent to Port Rico ; whereupon they make all possible speed to give notice thereof , that being fore-warned , they might accordingly be armed . And thereupon , as soon as the English had cast Anchors 〈◊〉 the Road at Port Rico , the Spaniards thundered against them from the shore ; si● Nicholas Clifford , and Brute Browne were wounded as they sate at ●upper , and two dayes after died . Hawkins also , and Drake , partly of dis●●se , and partly of grief for their ill successe , died soon after . At the end of eight months , the Fleet came home , having done the enemy little hurt , fired onely some few Towns and ships , but received infinite damage thems●lves ; lost two such Sea-men , as the Kingdom , I may say , all Europe had ●ot their like left . For the Spaniards having of late yeers received great ●●rms by the French and English , had now provided for themselves with Fortifications which were not easie to be won . At this time the Queen made known to the States in the Low-Countries , the great charges she had been at in relieving them ten yeers together ; for which she requiteth some considerable recompence : The States again alleadge the great charges they were at in Eighty Eight , in repelling the Spaniards in her cause ; yet ( not to fall out about the matter ) they were content to allow some reasonable retribution ; but yet for the present , nothing was concluded . Likewise at this time , the Hanse Towns in Germany make complaint to the Emperour , and the Princes of the Empire , That the Immunities from customes antiently granted them by the Kings of England , began to be Antiquated , and that a Monopoly of English Merchants was set up in Germany ; to which , the Queen by Sir Christopher Perkins , first shewing the cause of the first Grant , and then the Reason of Queen Maries prohibiting it afterward , makes them so satisfactory an answer , that those very Hanse-Towns which complained , brought into England at this time , such store of Corne , that it prevented a mutiny , which thorough dearth of Corn , was like to have hapned in London . This yeer was famous for the death of many great Personages , Philip Earl of Arundel , condemned in the yeer 1589. The Queen had all this while spared , but now death would spare him no longer , having since that time been wholly given to contemplation , and macerated himself in a strict course of Religion , leaving one onely son , Thomas , by his wife Anne Dacres of Gillis●and . He had two brothers , Thomas Lord Howard , whom Queen Elizabeth made Baron of Walden , and King Iames afterward Earl of Suffolk ; and William Lord Howard of the North , who yet liveth ; and one sister , the Lady Margaret , marryed to Robert Sackvile , afterward Earl of D●rset , and father of Edward Earl of Dorset now living ; a Lady so milde , so vertuous , and so devout in her Religion , that if her brother macerated himself being in prison , she certainly did no lesse , being at liberty ; whom I the rather mention , because I had the happinesse to know her living , and the unhappinesse to be a Mourner at her Funerall . There died this yeer also , William Lord Vaulx , a zealous Papist , and Sir Thomas Hineage , Vice-Chamberlain , and Chancellor of the Dutchy of Lancaster , whose onely daughter marryed to Sir Moyle Finch of Kent , was no small advancer of that House . There died also William Whitaker , Master of S. Iohns Colledge in Cambridge , and Divinity Professor : As likewise Sir Roger Williams , and Sir Thomas Morgan ; so as this yeer was honoured with the deaths of two great Lords , one exquisite Courtier , one great Schollar , and two famous Souldiers . In Ireland at this time , Russell the Deputy doubting a storm of War from Tir-Oen , sent into England , requiring to have some experienced souldier sent to him with Forces , who though he desired Baskervyle to be the man , yet Sir Iohn Norris was sent , with thirteen hundred old souldiers , besides a further supply ; whom Tir-Oen hearing to be coming , set presently upon the Fort of Blackwater , and in the absence of Edward Cornwall the Governour , took it . But now being doubtfull of his case , in a subdolous manner ( as he was a double dealing man ) he both offereth his help to the Earl of Kildare , against the Deputies servants ; and at the same time , maketh promise to the Earl of Ormond , and Sir Henry Wallope , of loyalty and obedience ; but notwithstanding he was forthwith proclaimed Traytor , under the name of H●gh O Neal , bastard son to Con O Neal. There was at this time with the Rebells in Ulster , a thousand Horse , and 6280 Foot : and in Connaght , two thousand three hundred , all at Tir Oens command ; and the Forces of the English under Norris , not much fewer , with whom the Deputy himself joyned , and marched together to Armagh ; which so terrified the Rebels , that Tir Oen forsaking the Fort of Blackwater , began to hide himself . Whereupon the Deputy returned , leaving Norris to follow the War , with the Title of Generall of the Army . But this satisfied not Norris , and therefore out of emulation betwixt himself & the Deputy , he performed nothing worth the speaking of , and seemed to favour Tir Oen , as much as the Deputy hated him ; insomuch , as he had private conference with him ( a thing not lawfull with proclaymed Traytors ) and upon his submission , and Hostages given , a Truce was granted both to him and Odonell , till the first of Ian●ary . When the Truce was expired , Tir Oen exhibited certain Petitions , protesting , if they were granted , he would then perform all duties of a loyall subject . In consulting about which Petitions , another Truce was concluded , till the first of April : during which Truce , Tir Oen dealt secretly with the King of Spain for Ayd to be sent him , making neverthelesse a fair shew of willingnesse to obedience , so far , that by the procurement of Norris and Fenton , a pardon was granted him ; the which he pretended to receive more joyfully , than the Instrument whicd conferred the Earldome upon him ; yet all this was but dissimulation , to win the time for his own ends . In the midst of these Irish Affairs , Albertus Arch-Duke of Austria , and Cardinall , whom the King of Spain had newly set over the Netherlands , mustered together the Spanish Forces , upon pretence of raising the Siege of La Fere in Picardie ; but upon a sudden turneth aside , and besiegeth Calice ; and taking Newnham Fort , the very first day became Master of the Haven . The Queen informed hereof , forthwith , upon the very Sunday , in time of Divine Service , commandeth to leuy souldiers , whom she committeth to the Earl of Essex ; but before they could be shipped , certain News came , That the Town and Fort were taken by the Spaniard : Whereupon , the Queens Army was dismissed , and onely some money lent to the French King. But a few dayes after , a far greater , and more select Army is raised in England , wherein many of Noble Houses served as Voluntaries : For the Queen , to divert the King of Spain from invading her Borders , thought it the best way to invade his : Whereupon a Navy of a hundred and fifty Ships was made ready ; where were souldiers under pay , 6360 ; Voluntaries of the Nobility and Gentry , 1000 ; Marriners , 6772 , besides the Dutch-men , who brought two and twenty ships . Robert Earl of Essex , and Charls Howard Lord Admirall of England , were made Generalls with equall Authority ; but the Admirall to hold Prerogative at Sea , Essex at Land. To these , for a Councell of War , were joyned , the Lord Thomas Howard , Walter Raleigh , Francis Vere , George Carew , and Conyers Clifford . The whole Fleet was divided into four Squadrons ; the Admirall commanded the first , Essex the second , the Lord Thomas Howard the third , and Raleigh the fourth . The Officers of the Army were Francis Vere , Serjeant Major Generall , or Marshall ; Iohn Winkfield , Quarter-Master Generall ; George Carew , Master of the Ordnance ; Conyers Clifford Serjeant Major . Colonells were , Robe●t Earl of Sussex , sir Christopher Blunt , sir Thomas Gerrard , sir Richard Winkefield ; William Winkefild was Commander of the Vo●untaries , and Anthony Ashley , Secretary to the Councell of War , was to Register their Acts and Consultations . The Commission being drawn , the Queen gave them private Instructions , and withall , a Prayer of her own making , to be d●ily used in every Ship. This F●eet set forth from Plimouth at the beginning of Iune . Nigh un●o Cabo S. Vincent they lighted upon an Irish Barque , which told them , That at Cales they were secure , and that in the Haven there were at Anchor Gallies , ships of War● and a great many Merchants Vessells . The twentieth of Iune , they cast Anchor on the West side of the Island ; within two dayes they were agreed to set upon the Spanish ships , whereat the Earl of Essex cast up his Cap for joy . This businesse was alot●ed to the lesser ships , because the Road was too shallow for the great . The Gallyes quickly fled , and creeping along the shore , shifted away , but the Spanish ships that lay at Anchor at Puntall , turned their broad sides ; so as the English Fight with them , lasted from break of day till noon ; at which time , the Spaniards having their Gallons miserably tor● , and many of their men slain , resolved to fire the the ships , or run them ashore . The Spanish Admirall , being fifteen hundred Tun of Burthen , was fired by a Moor , and two other ships which lay next her took the fire , and were lost likewise . When this Sea-Fight was ended , Essex landed eight hundred souldiers at Puntall , a league from the Town of Cales , when half a mile from the Town , the Spanish Horse and Foot shewed themselves , and presently gave back again ; but straightway cometh forth a greater number : Then Essex commanded his Forces to make a fair Retreat ; and having enticed forth their enemies , they turned upon them with such violence , that they forced them back into the Town . Then the Earl got up to a Bulwark newly raised , neer the Gate , where he spyed a passage into the Town● but so high from ground , that they must leap a Spears length to get down . Yet Evans the Earl of Sussex his Lievtenant , Arthur Savage , and other , leaped down ; and the mean while Sir Francis Vere broke the Gate , and rushed in , and the rest with him . In the Market place Iohn Winkfield was shot in the head , and with stones from the tops of the houses divers were wounded ; amongst whom , Samuel Bagnall received eight wounds , and Arthur Savage was bloody all over ; which two were Knighted in the place . The next day the Castle was yeelded , upon condition , That the Inhabitants might depart with the clothes on their backs , the rest to be left for spoyl . For five hundred and fourscore thousand Duckets the Castle was to be redeemed ; and for the payment , forty of the chief Citizens to be sent Hostages into England . Now Raleigh was commanded to fire the Merchants Ships lying at Port Reall , when they promised two Millions of Duckets to redeem them : but this the Admirall would not hear of , saying , He was sent to destroy Ships , not to dismisse them upon Composition . A world of Munition was found in the City , and great store of money privately carried away , every one shifting for himself . It was thought by the wiser sort , That the Spaniard could not be damnified lesse by this Expedition , than twenty Millions of Duckets . None of note was slain amongst the English , but onely Winkfield , who also slew a Spanish Captain ; and now at last , threescore Military men were honored with Knight-hood . After this , having spoyled the whole Island● and demolished the Forts● they returned into England , much against the will of Essex , who would fain have bin attempting some other enterprise . The Queen received them home with much affability , giving many thanks to those of principall note , but extolling the Earl of Essex and the Admirall , above the rest . And now bethinking her self of a fit man to be Governour of the Bryll , which was given by the States as a Caution Town for money due , she made choyce of Sir Francis Vere , although Essex commended other to her for the place : but another thing he took with great indignation , That in his absence she had made Sir Robert Cecill Secretary , whereas he had formerly with great instance commended Sir Thomas Bodley to her● And now the King of Spain , to recover his honour lost at Cales , setteth forth a Navy for England and Ireland , with a great number of Irish Fugitives● but being at Sea , most of his ships were either run upon Rocks , or cast away in storms ; so as this Expedition came to nothing . But the Queen at this time , for her better security , entred a League of Defence and Offence with the French King , against the Spaniard , upon certain Conditions ; which League , she confirmed by Oath , in the Chappell at Greenwich , the nine and twentieth of August , laying her hand upon the hand of Henry de la Tour , Duke of Bulloign , and Marshall of France ; the Bishop of Chichester holding forth the Evangelists , and a great company of the Nobility standing round about . In September following , Gilbert Talbot , Earl of Shrewsbury , was sent on Ambassage into France , to take the French Kings Oath , and to present Sir Anthony Mildmay for the Queens Ambassadour in Ordinary , in the room of Sir Henry Unton lately there deceased , and to invest the King with the Order of the Garter . Soon after , Baskervile wafted into Picardy with two thousand souldiers ; for no more were by agreement to be sent this yeer . It was now the yeer , 1596 , and the nine and thirtieth of Queen Elizabeths Raign , when Thomas Arundel of Warder returned into England , from the Wars in Hungary against the Turk ; whom , for his good service done there● the Emperour by his Letters Patents , had created Earl of the sacred Empire , and all and singular his Heirs and their Posterity , Males or Females , lawfully descended from him , to be Earls and Countesses of the holy Empire for ever . Those who are graced with this Title , have a Place and Voice in the Imperiall Diets , May purchase Lands in the Emperours Dominions , May take up voluntary souldiers , And are not bound to answer any matter before any Judge , but onely in the Chamber of the Empire . At his return , a great Question came in agitation , Whether Titles of Honour given to the Queens subjects without her privity , ought to be accepted by them , or admitted by her . For this new Earl stuck in the stomacks of the English Barons , who inwardly grudged to give him place . The matter was long disputed on both sides , but what issue it had , or whether he were permitted this Honour here at home , I finde not : Certain it is , That Sir Nicholas Clifford , and Sir Anthony Shirley , whom the French King two yeers since received into the Order of S. Michael , were laid in prison at their coming home , and charged to resigne their Robes of the Order . This yeer many great persons died ; Iohn Puckering , Lord Keeper of the Great Seal , whom Thomas Egerton succeeded ; Richard Fletcher , Bishop of London ; who for marrying the Lady Baker ( as goodly a Lady as he was a Prelate ) incurred the Queens displeasure ; and to cure his cares , fell immoderately to drinking of Tobacco , and so expired . Henry Cary , Baron of Hunsdon , Lord Chamberlain of her Majesties House , and her Cousin German . Sir Francis Knolls , who marryed Hunsdons sister , in Queen Maries dayes an Exile in Germany for the Gospell , by Queen Elizabeth made first Vice-Chamberlain , then Captain of the Guard , afterward Treasurer of the Houshold , and Knight of the Garter . Henry Hastings Earl of Hu●tington , and President of the Counsell in the North , who spent his estate upon Puritan Ministers : Francis Lord Hastings , Nephew to him by his brother George , who succeeded him in the Earledome , and Margaret Clifford Countesse of Derbie , ( who descended of the blood Royall , from Charles Brandon ) consulted with sorcerers and cunning men , and thereupon a little before her end , was in a manner excluded from the Queens favour . The Queen at this time was told , that the King of Spain was preparing a new Fleet against Ireland ; whereupon to encounter him , she also prepared a Navy of a hundred and twenty Ships , seventeene of the Queens , Three aud forty lesser Ships of Warre , the rest for the carriage of provision : They were parted into three Squadrons : Essex Commanded the first , who was also chiefe Commander in the expedition ; The Lord Thomas Howard the second , and Raliegh the third . In this Fleet were sundry of the Nobility and Gentry , Charls Blunt , Lord Mountjoy , Vere , Carew , Sir Christopher Blunt , the Earles of Rutland and Southampton ; the Lords , Grey , Crumwell , Rich , and many other . The ninth of July they weighed Anchour from Plimmouth and were to direct their course to Ferall and the Groyne , to sieze upon the Spanish Fleet in the Harbour , and towards the Isles called Azores , to intercept the Indi●n Fleet at their returne into Spaine ; but this expedition was crossed and overthrowne by Tempests , for they had not sayled forty Leagues from Plimmouth , when they were shaken with such a terrible Tempest for foure dayes together , that the Marriners themselves were at their witts end , and the Fleet had much a do to recover Plimmo●th ; the Navy being mended , then hoise up sayle the second time , but the winde ●ell presently againe so crosse , that for a whole Moneths time they could not get out of the Haven , returning to Plimmouth the seventeenth of August they got out of the Haven ; and now the third time , with a side wind hoyse up sayle , but before they came in view of Spaine , they were dispersed by another horrible Tempest● wherein of the two great Ships which were taken at Calis , one was dashed in pieces , the other wandered no man knew whither . At the Island Flores the Fleet met againe , where Rawleigh being distressed for water , went on shore without leave ; and ere he had watered , had charge to follow Essex to Fay●ll : but not finding him there , hee observed the Port , and calling a Councell , the Commanders wished him to set upon the place , and not let slippe so faire a booty . Upon this , Rawleigh with some of the prime Voluntaries , got to shoare , and wonne the Towne , but found no booty in it . The next day Essex came thither , whom Merrick informeth what Rawleigh had done , affirming spitefully , that he had done it only to prevent his Lordshippe in the honour of the exploite : whereupon , some perswaded the Earle to call a Councell of Warre and than d●●place him , others again ? to take of his Head for going to Land , without the chiefe Commanders leave ; saying , hee was never like for to have such another opportunity to bee rid of his Adversary ; upon this , Sidney , Brett , Berry , and other of Rawleighs company were displaced , and layed by the heeles ; Rawleigh himselfe was sent for , and entertained with a grimme looke by Essex and all his Party ; Essex rebuketh him angerly , for landing his Forces , which none upon payne of death might do , without the Generalls command ; Rawleigh made answer , that the Captaines indeed , Ship-masters & the rest were within the compasse of that Law ; but not the Three prime Commanders , of whom himself was One : That he had a long time wayted his comming , and longer would have wayted , but that the Islanders provoked him to fight . And now the L. Thomas Howard mediated , that no severity might be used against Rawleigh , & perswaded him to acknowledge his fault ; which being done , all were friends , and the displaced Captaines were restored to their places , for the Earle was of a placable disposition ; easily apt to take offence , and as easily ready to remit it . From hence they saile to Gratiosa , where the Inhabitants crave mercy and obtained it ; & here Essex would have tarried , in expectation of the Indian fleet ; but that Graves the Pilot disswaded , because the harbour was not good : and now see the unluckinesse of ill counsell , for the English were not gone above an houre , or two , ●rom this place ; when loe , the American fleete ; ( wherein were forty Ships , and seven of them loaden with treasure ) cometh thither ; which , hearing that the English were there abouts , directed their course to Tezcera , where they gained the haven , all but three ships , indifferent wealthy ; which English tooke : and then were minded to set upon the rest , in the Port ; but finding the attempt not forcible , they passed from hence , to Saint Michaells ; where Southampton , Rutland , Evers , Bredon and Dockwray , were Knighted● and then Essex landed within six miles of the Towne ; nigh unto Villa Franca , a faire Towne , and well furnished with marchandize ; wine , wood , and corne ; where they tarried six dayes : and the common souldiers found good booty . And now a Caraque was espied , coming out of the east Indies ; which , by a warning peece shot off in a Dutch ship , perceiveing that the English were there ; run herselfe a shoare , unloaded her merchandize , and then fiered herselfe . Thus the English had ill lucke every where in this expedition : And the ninth of October they hoysted sayle for England ; but within two dayes , a terrible tempest , from the northward dispersed them ; and the Spanish Fleete also at the same time , so as they never came in view of one another : one Spanish shippe was cast upon Dertmouth , the Marriners and souldiers halfe starved in her ; who intimated , that the Spanish fleete intended to seize upon some haven in Cornwall , which being nigh the mouth of the channell ; might be convenient to receive forces from Spaine : but the divine providence frustrated the designes both of the Spaniard and the English. But now at his returne , the Earle of Essex found that done in England , in his absence , which infinitly discontented him : Sir Robert Cicill made Chancelour of the Dutchy of Lancaster ; & which was more , Charles Lord Howard , created Earle of Nottingham , with relation in his patent to the Victory in eighty eight ; and his good service at Cales : This glory he envyed him , and besides stomacked it ; that he must now take place of him . It being enacted in the Raigne of Henry the eighth , that the chiefe Officers of the Kingdome , should have Presidence of all men of their degree . Whereupon the Queen , to give him content , was faine to create him Earle Marshall of England ; by which he recovered his place againe . About this time , an Embassadour came into England , from the KING of Poland ; who , when the Queen expected he should give her thanks for having procured a Peace between the King his Master , and the Turke , he cleane contrary expostulated unkindnesse , for breach of Priviledge in trading with Spaine , requiring a present remedy , or else the King would otherways right himselfe . The Queen not a little offended , suddenly replyed , ●ow was I deceived ? I expected an Embassadour , and behold a Herauld ; such a speech I never heard in all my life time : And after some further checking of him for his boldnesse , she referred him to her Councell ; and then retired into her Closett . The Embassadour afterward , in private conference with some of the Councell , excused himselfe , saying , that his speech was penned by others , and then given him in wrighting . To his Message , the Councell gave the like answer ; as they had given before the Hanse-Townes , upon the like occasion : though now againe , the Hanse-Townes obtaine of the Emperour , to prohibite the English from trading in Germany , which made the Queen to prohibit the Hause towns from trading in England , and put them out of the Stilyard till this difference was accorded . This yeer the Chancellor of Denmarke came into England to restore the Garter , which she had bestowed upon the Kings Father , and withall offering the Kings helpe , to make a peace for the Queen with the Spaniard . The Queen thanked him ; but meant not to use his helpe for that which shee did not desire , and especially not now , when he had newly molested the King of France her Allye , and had taken Amyens the strongest Town of Picardie : Though why should the Queen be so tender of the French King , when now to get an aid of four thousand Souldiers from her , he fell to Devises ; intimating unto her , that he was now offered by the Popes Nuntio a very commodious peace , if he would but forsake her . But while these things were in Treaty , Amyens was recovered againe by the valour of Baskervile ( who dyed at the seige ) and of Sir Arthur Savage , as the King in His Letters to the Queene thankfully acknowledged . About this time a Parliament was holden at Westminster , where Subsidies were willingly granted ; and to this Parliament was called the Lord La Ware and restored to his blood , which by Act of Parliament in the Raigne of King Edward the sixth was tainted ; Also to this Parliament was called Thomas Lord HOVVARD , by the Title of Baron Howard of Walden . In Ireland at this time , a great part of Ulster , and almost all Connacht was in Rebellion ; Whereupon Russell the Deputy was called home , and Thomas Lord Burrough sent in his place , a man very stout and couragious , but no souldier : This infinitely discontented Norris , who thought himselfe sure of the place himselfe , and now to see his Rivall preferred before him , and himselfe to be under him , President of Munster , drave him into such a melancholly , that in a very short time , ( and as he thought to himselfe with much disgrace ) he ended his life . And now the Farle of Tir-Oen craveth , and obtaineth a moneths Truce of the new Deputy , at the moneths end , the Deputy marcheth against the Rebels , and gaineth the Fort at Blackwater , when suddenly the Rebells sl●w themselves upon a hill hard by , against whom the Earle of Kildare marcheth and puts them to flight ; but yet with some losse of his owne side , as Francis Vaughan the Deputies brother in Law , Turner a Sergeant Major , and two Fosters , brothers of the Earle of Kildare , whole death hee tooke so heavily , that within a few dayes he dyed himself . As soon as the people had fortified the Castle at Blackwater and withdrawne his Army , the Rebels began to besiege it againe ; ( for this was the main place of their strength ) which caused the Deputy with all possible speed to make thither , but unhappily dyed by the way . Whereupon the Rebells set upon the Fort more fiercely then before ; but being still reppelled ; they comforted themselves with this , that there was not many dayes provision left in the Fort ; yet the admirable fortitude of Thomas Williams the Captain , and the Garrison Souldiers saved the place , who , when their horse-flesh was all spent , fedde upon weeds growing within the Trenches , and endured all kinde of misery . And now the Lord Burrough the Deputy being dead , the Army by direction from England , was committed to the Earle of Ormond , and the Government to two Lords Justices , Adam Lofthouse Archbishop of Dublin and Chancellour , and Robert Gardyner : To this new Lieutenant , Tir-Oen exhibiteth a Bill of his oppressions and greivances with request of pardon , and at the same time stirreth up Mac-Hugh to a new Rebellion in Leinster . In France at this time , the French King being importuned by the Pope , and by his own Subjects , began to incline to a Peace with Spain , which the Queen understanding , she sent into France , Sir Robert Cecill , Herbert and W●lks , ( who dyed at his landing in France : ) The States likewise sent thither , Iustine of Nassaw , and Barnevolt , and others likewise into England to disswade the Peace : but notwithstanding all they could say , or do , the French King shortly after concluded a Peace , to the great discontentment of the Queen and the States , but to the great good , and establishment of the French Common-wealth . And now the Queen providing for her own and her peoples safety , sent Sir Francis Vere to the States , to know if they were willing to joyn in a Treaty of Peace with the Spaniard ; if not , what they would afford toward a Warre ; and to deal earnestly with them , about repayment of money due to her from them . At home in the mean time , a great Consultation was holden , whither a Peace with Spain were convenient for England , or no ; and many Reasons were on both sides alleaged . Burleigh Lord Treasurer was for Peace , Essex for Warre , and so vehement in it , that the Treasurer , after a long debating , in a strange manner of Presage , reached forth the Book of the Psalms to him , pointing him to that Verse , The bloody minded man shall not live out half his dayes . Which made Essex afterward to set forth an Apology , with Reasons for justification of his opinion . But now another Consultation was held , about a fit man to be Deputy of Ireland ; The Queen intended to send Sir William Knolles , Essex his Uncle ; but Essex was violent for Sir George Carew , whom hee had a minde to remove from the Court ; and when hee could not by any means perswade the Queen to it , hee then , forgetting himself and his duty , uncivilly and contemptuously turned his back upon the Queen , mutteri●g certain words . Whereupon shee growing impatient , gave him a box on the ear , and bid him be gone with a vengeance ; Essex laid his hand upon his sword hilt , and swore a great oath , That he could not , nor would not put up such an Indignity ; and that hee would not have taken it at King Henry the Eighth his hands ; and so in a rage flun● avvay from the Court. But aftervvard , admonished by the Lord Keeper , hee became more milde , and in a short time , returned into the Queens favour . About this time , William Cecill Lord Burleigh , and high Treasurer of Eng●and , finding himself to droop with age , ( for hee was now threescore and seventeen yeers old ) sent Letters to the Queen , intreating her to release him of his publike charge ; whereupon shee went to visit , and comfort him , but within a few dayes hee ended his life , after hee had been the principall stay of the English Commonwealth for many yeers together . One great good hee did to his country , a little before his death , that hee brought the States of the Low-Countries to a Composition , for the payment of Eight hundred thousand pounds , by Thirty thousand pounds yeerly ; likewise , a new League to be concluded with them . The King of Denmarks Subjects having lately seized upon some goods of the English as Prize , to the value of a hundred thousand Dollers ; the Queen sent the Lord Zouch , and Christopher Perkins Doctor of Law , in Embassage to the Dane , both to congratulate his late marriage with the Electors daughter of Brandenburg ; and also to crave restitution of the English goods ; who obtained , that in lieu thereof , Threescore thousand Dollers were repaid . And now George Clifford Earl of Cumberland , having with a Navie of eleven ships , waited for Portingall Cariques , and the American Fle●t , till the season of the yeer was past ( they not daring to stirre forth ) he at last set upon Port-Rico and took it ; but seaven hundred of his men falling sick of Calentures , and dying within forty dayes , he was faine to returne home with some honour , but little profit . About this time , one Edward Squire was Arraigned of high Treason , he had been at first an ordinary Scrivener , afterward a Groome in the Queen ; stable , and going as a Souldier in Drakes last expedition , was taken prisoner and carryed into Spaine , there he came acquainted with one Wallpoole an English Jesuite , who caused him to be put into the Inquisition for an Heretick , and the fellow tasting of misery , was easily drawn to become a Papist , and afterward to attempt anything for the Catholique cause . His ghostly father perswaded him it were meritorious to make away the Queen and the Earl of Essex , and sent him into England with a certain poyson , wherewith to anoint the pommell of the Queens Saddle , and the chayre in which the Earl should sit , which he accordingly performed , but neither of them tooke effect , whereupon Wallpoole suspecting Squires fidelity was bent to revenge it , and sent one into England , who in generall termes should lay this aspersion upon him ; whereupon Squire is called in question , and never thinking that his Confessor would detect him , directly denyed all at first ; but after seeing himself betrayed , confessed all the matter and was executed . This whole yeer the Rebellion was hot in Ireland ; For Tir-Oen notwithstanding his pardon lately obt●ined , all on a suddain besieged the Fort at Blackwater , to the raising of which siege , the Lieutenant Generall ( for there was as yet no Deputy ) sent 13 Companies under the command of the Marshall , Tir-Oens sworre adversary , him Tir-Oen slew , and put his whole Army to rout , and atchieved such a Victory , with so great losse to the English , as they had never ●elt the like since they first set footing in Ireland● for thirteen valiant Commanders ; and fifteen Hundred Common Souldiers were slain at this Skirmish , and soon after the Fort of Blackwater was yeelded up . And now Tir-Oens fame began to resound , as the Assertor of the Liberty of the Nation , and upon a suddain all Munster brake forth into rebellion . For the cherishing whereof Tir-Oen sent thither O●ny Mac-Rorye and Tyrell ( who originally an Englishman , was growne a deadly enemie to the English Nation ) with four hundred Kernes . Against these ; Thomas Norris President of the Province , marcheth to Killmallock with a good force ; but finding that the Irish Souldiers of his Company were ready to revolt , he was faine to disperse his Army and retire to Corke . Hereupon the Rebells grew insolent , spoyled the Countrey , and in cruell manner put all the English to the sword . Furthermore they declare Fitz Thomas to be Earl of Desmond● but upon condition he should hold of O-Neal● , that is , of Tir-Oen , who now dispatched Letters to the Spaniard , relating his victories to the full , and vowing to accept no termes of peace with the English , and yet at the same instant ( after his wonted treacherous manner ) proffered some kinde of submission to the Lieutenant ; but withall made unreasonable demands . The State of Ireland being thus in combustion , a serious consultation is holden whom to send to quench it , the Queen and most of the Counsell thought Sir Charls Blunt Lord Mountjoy the fittest man● but Essex covertly intimated , that he had no military experience , and besides was too bookish to prove a good Commander , he seem'd to aym at the place for himself , though he made a shew modestly to refuse it , and yet still ready with his exceptions if any other were nominated● many thought it dangerous to have an Army put into his hands , for his followers talked of great matters , that he ( forsooth ) was descended of the blood Royall of Scotland and England , and had better Right to the Crown , then any other of the Competitors . In Conclusion , he is appointed Vice-Roy ; with ample Authority , to make Warre or conclude Peace , and pardon all offenders , even Tir-Oen himselfe . An army is allotted him as great as he desired : Indeed greater then ever Ireland had seen before ; Twenty Thousand Foot , and Thirteen Hundred Horse : with these , and a great Retinue besides of the Nobility , he passeth into Ireland ; where as soon as he had taken the Sword , contrary to his Commission ( which was to go immediately against the arch-Rebell ) he marcheth towards Munster , against the petty Rebels , taketh the Castle of Cahir , and driveth the Rebels into the Woods and Groves adjoyning . His Forces being now impaired , he tarrieth to make them up ; but in the mean time sendeth directions to Sir Coniers Clifford , President of Connacht , to set upon the Rebels in one place , ( thereby to sever their forces ) while he assaulted them in another ; Clifford marcheth toward Belike , with 1500. Souldiers , where the Rebels are upon them at unawares , under the conduct of O-Rorke , ( his Sonne that was hanged here in England ) The English repell them at first with ease , and march along , but the Rebels finding they wanted Powder , set upon them againe , and put them to flight ; in which Skirmish , Clifford and many of the old Souldiers were slain . Essex having by this time received new supplies out of England , and a check for neglecting the Queens Command , setteth forth at length toward the Borders of Ulster , with Thirteen hundred Foot , and five hundred horse , being come thither , Tir-Oen by a Messenger requesteth Parley , Essex refuseth saying , he might speake with him the next morning , between the two Armyes ; the next day , word is brought to Essex , that Tir-Oen craved the Queens mercy , and that he might onely be heard speake , appointing the shallow of Balla Clinch for a most convenient place ; thither came Essex alone , with whom Tir-Oen ( riding his horse up to the girts ) had private conference a full houre ; A while after , Con Tir-Oens base Sonne came to Essex , requesting in his Fathers name a second Parley , and that some of the chiefe on both sides might be present : Essex consented , so there came not more then six . At the day appointed , many words had not passed , but it was argued , that their Delegates should Treat the next day concerning a Peace : between them it was concluded , that a Truce should be held from six weekes to six weeks , till May●day . By this time , the Qu. understanding that no more was done , after so much time and money spent , in a great anger taxeth the Earls proceedings , and I know not how , it fell from her to some others that stood by , that he had other thoughts in his mind , then the good of his Prince and Country : And thereupon dispatched very sharp Letters to him , blaming his delay , and letting slip every faire opportunity : with which Letters Essex was so netled and chiefely troubled , that the Queen had now made Cecill Master of the Wards , which he expected himselfe : that he beganne to cast strange Projects within his minde , and held private consultations of returning into England with part of his Forces , to surprize his Adversaries ; But from this course , the Earl of Southampton , and Sir Christopher Blunt disswaded him , as being dangerous and wicked . Yet within a moneth , over he went , and came to the Court at Nonesuch ; to informe the Queen of the State of Ireland . By the way , the Lord Gray of Welton crossed him , but saluted him not ; whom one of his followers offered to kill for his contempt : but Essex would not suffer him : And made such hast , that early in the Morning he was upon his Knees , before the Queen in the Privy Chamber . She enteriained him courteously , but not with the countenance She was wont : and after a little talke , bid him keepe in his Chamber ; And soon after , Committed him to Custody , in the Lord Privy Seales House ; where entring into Consideration of his case , he giveth himselfe wholly to Divine Contemplation , and writeth wonderfull Letters to his friends , of the vanity of the things of this life . It was now the yeer one thousand six hundred , and the two and fortieth of Queen Elizabeths Kaign , when after the departure of the Earle of Essex , Tir-Oen began to carry himselfe as Monarch of Ireland , and sendeth Kernes to make spoyle in the possessions of such as continued in their loyalty to the Queene , under Mac-Guir their Captaine , who lighting casually upon Sir Warham Saint Leger , thrust him thorough with a speer , and was himself thrust thorough withall . Whereupon the Queen sent Sir Charls Blunt Lord Montjoy , to take upon him the Deputies place , who looseth no time , but first of all marcheth towards Ulster buildeth a fort , within eight miles of Armagh , which , in hononr of Sir Iohn Norris , under whom he had his first military schooling , he calleth by the name of Mount N●rris ; there he placed Edward Blanye who kept the Rebels in awe in those pa●●s , from thence back he goeth into Leynster , wherein the Glynnes he reduceth into order , Donell-Spaniah , Phelim Mac-Pheoph , and the Rebelling Nation of the O-Tooles , taking hostages of them , then back into Ulster again , being victor wheresoever he cometh , and at Tradagh , receiveth into protection Mac-Henry , Mac-Cowly , and other rebels who fell at his feet for mercy . All this and more he did in his first yeer , and no lesse successefull was Carew President of Munster , who drave out of the County the Titular Earle of Desmond , and having found Munster a turbulent Province in Aprill , he overcomed and made it so quiet by December following , that the Rebels maintained not one Fort in it against the Queen . And now a new consultation was holden in England , touching a peace with the King of Spaine , the which he sought both by the French King , and by Alb●rtus the Archduke , who was now returned into the Netherlands out of Spain , where he was marryed to the Infanta . The Queen consenting to a Treaty , left it to the French King to nominate both the time and place for the meeting of the Delegates , who set down the Month of May , and Bulloigne in France ; But now foreseeing that a question would arise about Precedency , some were appointed to search Ancient Records concerning that point . These men found in the Book of the Ceremonies of the Court of Rome , which ( according to the Canons ) giveth Rule to the rest , as the Lady and Mistresse ; that amongst Kings , the first place is due to the King of France , the second to the King of England and the 3. to the King of Castile ; That the English quietly held this priviledge in the Generall Counsells of Basill Constance , and others , besides the Kingdome of Castile , which is the Spaniards first Title , is but an upstart in regard of England , which had Earles , but no Kings till the yeere one 1017. In like manner , that Pope Iulius the third , gave sentence for Henry the seaventh of England , against Ferdinand , who was then King of Castile . At the day appointed , the Delegates met at Bulloign , Sir Henry Nevyll , Legier Embassadour , Sir Iohn Herbert , Robert Beale , and Thomas Edmunds for the English , and other fot the King of Spaine and the Archduke . The English had Instructions , first concerning Precedency , in no case to give way to the King of SPAINE ; yet if they contended , to put the matter to the devision of Lots , rather then the Treaty should be dissolved ; and for the rest , to propose and mention the renewing of the ancient Burgundian League , freedome of commerce , &c. At the meeting , when the had severally shewed their cōmissions ; the English challenge the Precedency , the Spaniards do the like , and in soe peremptory a manner , that without it they would dissolve the Treaty : hereupon the English made a proposition , to let passe the question of Precedency ; and to transact the businesse by wrighting , and Messengers between them : Or that the Treaty might be intermitted onely for threescore dayes , not quite brooken off ; but all was to no purpose ; And at three monthes end , they parted . The States the meane while , were so farr from regarding a Peace , that at this time , they thought upon reducing the Sea Coast of Flanders into their command● and thereupon they landed an Army there , of Fourteen thousand Foote , and three thousand horse under the conduct of Maurice of Nasaw ; and Fifteen hundered of the English under the command of Sir Francis Vere , and his Brother Horatio : At which true happened the famous Bataile of Newport , against the Arch-duke , wherein nine thousand of the Spaniards were slaine ; and the Victory by the valour of the English , fell to the Dutch , for so forward were the English in this Battaile , that of their fifteen hundred , eight hundred were slaine and sore wounded , eight Captaines killed , and of the rest every man hurt . All this year , and the year past , sundry quarells and complaints arose betweene the English and the French , touching reprisalls of goods taken from each other by Pirates of either Nation : Also touching Customes and Impositions , contrary to the Treaty of Bloys , and deceit in English Clothes , to the great infamy of our Nation . In Denmarke likewise arose controversies touching Commerce , and the Fishing of the English upon the coast of Island and Norway . The Queen also either time , for the increase of Navigation and Commerce , Founded the Company of East-India Merchants , allowing them large Priviledges : but whether , thi● hath proved beneficiall to the Common-wealth , ( there having been by this meanes such a masse of mony and great store of other commodities c●rried out of the Kingdom , and so many Marriners lost every year ) wise men make a question . About this time also , Pope Clement the eight , perceiving the Queen to be in her declining age , sent two Breeves into England , the one to the Popish C●ergy . the other to the Layity , to suffer no person whatsoever , to take the Kingdome upon him after the Queenes death , but one that should promise by Oath to promote with all his might , the Roman Catholick Religion , how neer soever otherwise , he were allyed to the Bloud Royall of the Kings of England . This year by reason of intemporate weather , happened a great scarcity of Corne in England , and thereby many grievous complaints was occasioned . The common people cast out reprochfull slaunders , against the Lord Treasurer Buckhurst , as the granter of Lycences for transportation of Corne ; but he appealing to the Queene , shee forthwith defended his Innocency , and made it knowne by open Proclamation , imputed the fault , upon the Broggers of Corne , and Forestallers of Markets , and gave order that the slanderers should be reprehended and punished . The Earle of Essex , who had now beene Prisoner six moneths in the House of the Lord Privie Seale● he then began to repent in good earnest , resolving to put away his perverse Councellors , Cylly Merick and Henry Cuffe , and then he shewed so much patience and great submission , that the Queene then sent him to his owne house , and to bee there confined , alwayes protesting that shee would doe nothing that should bee for his ruine● but onely that , which should bee for his amendment . Neverthelesse , when as the common people extolled his Innocency , she could not , for the removall of suspition of injustice , free her self and her counsellors , but bring him to a tryall , not in the Star-Chamber , lest the Censure should fall too heavy on him ; but in the house of the Lord Privie Seal , where the cause should have a plain hearing before the Lords of the Councell , four Earls , two Barons , and four Judges of the Realm . The objections were , That contrary to his Commission , he had made the Earl of Southampton , Generall of the Horse , had drawn his Forces into Munster , neglecting the Arch-Rebell Tir-Oen , entertained a Parlee with him , against the Dignity of the Queens Majesty , and the person of a Vice-Roy , which he represented ; and that the sayd Parlee was suspitious , in regard it was private . Some aggravations the Lawyers added from abrupt sentences , in his Letter to the Lord Privie Seal , written two years since , as these ; No storme is more fierce than the indignation of an Impotent Prince . What ? Cannot Princes erre ? May they not injure their Subjects , and such like . He falling upon his knee at the end of the Boord , professed he would not contest with the Queen , nor excuse the faults of his young years , either in whole , or in part , Protesting that he alwayes meant well , howsoever it fell out otherwise , and that now he would bid the World farewell , withall , shedding many tears , so as the standers by wept also . Yet could he not contain himself , but began to plead excuses , till the Lord Privy Seal interrupted him , advising him to proceed as he had begun , to flie to the Queens Mercy , who would not have him questioned for disloyalty , but only for a contempt ; and that he did not well to pretend obedience in words , which in deeds he had not performed . At length , in the name of the rest , he pronounceth this Sentence against him ; That he should be deposed from the office of a Privy Councellor , suspended from the functions of the Earl Marshall , and Master of the Ordnance , and be Imprisoned during the Queens pleasure . She had given expresse charge , not to suspend him from the office of Master of the Horse ( minding to take him shortly into favor ) and that his Censure in no case should be Recorded . Af●er this , he made shew of wonderfull humility and mortification , which so affected the Queen , that shortly she removed Barkeley his keeper , and gave him leave to go at large ; only admonishing him , To make his own discretion his keeper , and not to come at the Court , or in her Presence . After this Sentence , Cuffe , who alwayes perswaded the Earle to stand stoutly in his own defence , began so plainly to tax him of cowardize and pusillanimity ; that the Earl in anger , commanded his name to be put out of the Rowl of his servants , yet Merrick the Steward did it not , as being of Cuffes minde himself . Essex , being now ready to go into the Countrey , remembred himself to the Queen , by the Lord Henry Howard , in these words ; That he kissed the Rod , and the Queens hands , which had ●nely corrected , not overthrown him ; yet he should never enjoy solid comfort , till he might see those blessed eyes , which had been his load-stars , whereby he had happily steered his course , whiles he held on his way at lawfull distance ; But now he resolved to eat grasse with Nebuchad-nezzar , till it please the Queen to restore his senses . She being greatly joyed with these his speeches ; Would to God ( sayd she ) his deeds might be answerable to his words ; he hath long tried my patience , I must now make tryall of his humility . And now the Earl grew so confident of thee Queens favor , That he became a suitor to her for the Farme of sweet Wines ; but she to try his temper , and with what minde he would bear a repulse , made him Answer ; That she must first know what it was worth , and not give away things hand over head ; and had oftentimes in her mouth , the Aphorisme of Phisitians , That foul bodies , the more you nourish them , the more you corrupt them . And indeed , this was the right way to finde , whether the ulcer of his minde were throughly cured or no ; for being not throughly cured , it would endure no touching ; and no more did his , but as though every denyall of a curtesie , were an injury that required revenge ; his melancholy was presently turned into choller , and now began to hearken to Cuffe again ; telling him , That it was now plain , the Queen determined to make him as poore as Iob , that he should live of the basket , and gather crums under the Ta●●e . Hereupon he returned to London , Southampton is sent for out of the Low-Countries , his doors are set open for all commers , Merricke his Steward receiveth to his own table decayed souldiers , discontented and audacious persons ; Sermons are made there every day by Puritan Ministers , to which the Citizens flock , and all signes of popularity appeared ; which matters coming to the Queens ears , Alienated her affection from him daily more and more ; but especially she was exasperated , that her Person was despised by him ; for ( not to say the worst ) he had muttered , That the Queen was now old and decrepit , and withered as well in minde as body . And now again , he runneth upon desperate counsells , for the removall of his adversaries from the Court , seeketh to scrue himself into the King of Scots favour , to whom he traduceth his adversaries , by name Raleigh , Cobham , Carew , Cecill , and the Admirall , as inclined to the Spanish Faction , and at one and the same time , seeketh to win to him both Puritans and Papists . Many were of his party , but few of his counsell ; and these were the Earl of Southampton , Sir Charls Davers , Sir Ferdinando Gorge , Captain of the Garrison of Plimmouth , Sir Christopher Blunt , and some other . With these he met privately in Drury House to avoyd suspition , where he first giveth them a Catalogue of the Nobility and gentry that favoured him , to the number of a hundred and twenty . Then they consult , whether it were better to set upon the Tower of London , or the Queens Pallace ; this latter they resolve upon , which should be done in this manner . Blunt should keep the great Gate , with a selected number of men , and Danvers seize upon the Presence Chamber : Then Essex with his company should come from the Mues , and present himselfe before the Queen . But now suspitions arising from divers circumstances , Secretary Herbert was sent to call him before the Councell , at the Treasurers House ; but he doubting the matter , excuseth himselfe , that he was not very well . And now the Plot of seizing upon the Court , which had been four moneths in contriving , was by this means quite dashed , for they had ready at the present , neither Souldiers , nor muition , so as some speedier course must now be thought on ; at which time very opportunely cometh one to them ( set on no doubt by Essex his Adversaries ) as if he had been sent on purpose from the Citizens , to promise him their Ayd , which made Essex to applaud his own great good fortune . And now were four of the Lords , namely the Lord Keeper , the Earle of Worcester , Sir William Knolles , and the Lord Chiefe Justice of England , sent by the Queen to Essex house , who could hardly be suffered to come , in , all their Attendants were kept out , save he that carried the Seal before the Keeper . In the Court , they found a confused number of people , and the Earls of Essex , Rutland , and Southampton in the midst of them . The Keeper turning himselfe to Essex , telleth him , The Queen had sent him and the rest to understand the cause of this concourse , promising Justice , if any person had done them wrong . Essex with a loud voice cryeth out , They lye in waite for my life , we are met to defend our selves . The Keeper urging Essex again to unfold some part of his grievance ; the unruly multitude crieth out , Away , let us be gone , they come to betray you , Kill them , cast away that Great Seal . Essex retireth into the house , the Lords follow him , he chargeth them to make the doors fast , and turning him to the Lords , Have patience for a while ( saith he ) I must go into the City , to dispatch a little businesse with the Maior and Sheriffs , I will return presently . There the Lords are kept prisoners ; Essex maketh haste into the City , with a Troop of 200 men at his heels ; the E. of Bedford , the L. Cromwell , and ●●her Lords meeting him by the way , joyn themselves : coming into London , ●e cryeth out aloud , For the Queen , for the Queen , they lay wait for my life . The Citizens came running to gaze , but not so much as one person took Arms to take his Part. Passing along the City , he came all in a sweat to the Sheriff Smith's house , who shifteth himself forth at a back door , and goeth to the Lord Maior . By this time , certain of the Nobility entred the City with a Herald , declaring Essex and his adherents Traytors . Hereupon , hearing also that the Lord Admirall made towards him with an Army , he began to be dishear●ned ; Gorge taketh care for himself , requesteth he might be sent to release the Counsellors , and with them to crave the Queens mercy , whiles the issue was yet doubtfull . The Earl content , that Popham only should be freed ; but he refused , unlesse the Keeper also might be dismissed . Then Gorge freeth them all , and goeth along with them to the Court by water . Now when Essex thought to return , he found a Chain fastened crosse the street , at the West end of Pauls , and men in Arms on the other side : then he began to draw his sword ; and having once given the word , Blunt letteth fly at them , slew one of them incontinent , himself being sorely wounded and taken . Essex himself had his Hat shot thorow ; whereupon retiring , he took Boat at Queen Hythe , and went to Essex House ; where finding the Counsellors all dismissed , he grew extreme angry and dismayed , and cast certain papers into the fire , saying , They should tell no tales . By and by the Admirall besiegeth the house , commanding them to yeeld . Southampton offereth , if the Admirall would give Hostages to secure them , they would present themselves to the Queen . The Admirall answereth him by Sidney , That Rebells are not to profer Conditions . Within an hour , Essex finding the case desperate , resolved to rush forth ; and the Lord Sands ( the most aged in the company ) greatly urged it , saying , It were better to die valiantly , than by the hands of a Hang-man . But Essex his minde , upon a little deliberation altering , they fell upon their knees , and deliver their weapons to the Admirall , when it was ten a clock at night . Owen Salisbury , and one or two more were slain with Musket Shot , and as many of the Besiegers . The next day , Thomas Lea , Commander of a Company of Souldiers in Ireland , who to one Crosse a Sea-Captain ( that detected him ) intimated , how noble an exploit it were , for six stout fellows to go to the Queen , and compell her forceably to release Essex and Southampton , was presently apprehended , examined , found guilty and executed . Essex and Southampton were carryed first to Lambeth , to the Archbishops house , because it was a dark night ; but anon were sent to the Tower , by the Queens direction ; and with them , Rutland , Sands , Cromwell , Mounteagle , Danverse , and Bromley , the rest were put in common prisons . On the nineteenth of February , Essex and Southampton were called to their Arraignment , before their Peers in Westminster-Hall , where Buckhurst Lord Treasurer , was appointed Lord High Steward of England for that time . The Peers being severally called by their names , Essex demanded , If it were not lawfull for them to except against some of the Pee●s , as private persons might do against the Jurors . The Judges made answer , That the credit and fidelity of the Peers of England was presumed to be such , that in Tryalls they were not bound to take an Oath , nor are they lyable to any exception . Then were they joyntly indited of High Treason ; namely , That they plotted to deprive the Queen of her life and Kingdom , To surprize her in her very Palace ; And that they brake forth into open Rebellion , by imprisoning the Counsellors of the Kingdom , By exciting the Londoners to Re-bellion with vaine Fictions ; By assaulting the Queens loyall Subjects in the City , and by defending of Essex House against the Queens Forces . Hereunto they pleaded , Not guilty . Essex withall averring , That they had done nothing but of necessity , and the Law of Nature . Yelverton aggravateth the specialties ; and Edward Cook Atturney , argueth , That the Earl could not excuse himself from the Law of Nature , seeing Majesty is not to be affronted for private revenge . The Earl of Essex with great confidence made answer , That to his Prince and Countrey , he alwayes had and would bear a loyall affection . The Francis Bacon ( one that was little expected to speak against Essex , by whom he had been raised ) in defence of Cobham , Cecill , and Raleigh , aggravateth his crying out , That the Crown of England was sold to the Spaniard : wherto Essex replyed , that he heard indeed , that Cecill the Secretary should say to one of the Lords of the Councell , That the Right of the Infanta of Spain to the Kingdom of England , was as good as any of the Competitors . Upon this Cecill ( who stood by as an Auditor ) steppeth in , and falling upon his knees , beseecheth the Steward that with his good leave , he might quit himself from this foul aspersion : which leave being granted him , he provoked Essex , if he durst , to name the Counsellor ; but he would not : therefore ( saith Cecill ) It is a Faction : still Essex averreth it . Then Cecill turning himself to Southampton , besought him , by all manner of Obtestations , to name the man. He referreth it to the Honorable Assembly , and to Cecill himself , if in Honour and good Reason he ought to do it : they affirming , He might , Southampton nameth Sir William Knolles , Essex his Unkle . He being sent for , at Cecills intreaty , said , That Cecill two yeers since told him , that one Dolman , in a Book , had asserted the Right of the Infanta , and had spoken no otherwise than so . Now after the Judges had delivered their opinion what was Law in the matters alleadge● , the Earls , by the Stewards direction , were taken aside : Then the Peers rose , and went apart , and having consulted about an hour , returned to their seats , and in their order , pronounced the Earls guilty of high Treason . Then the high Steward , advising Essex to implore the Queens mercy , giveth Sentence , and that done , brake his Staff and departed . The next day , Sir Robert Vernon , Sir William Constable , Sir Edmund Baynham , Littleton , Cluff , Captain Whitlock , Iohn and Christopher Wright and Orell an old Souldier , were called to their Tryall : but the Queen ( informed by Sir Fulk Grevill , That most of them were drawn unwittingly into the danger ) commanded that onely Littleton , Baynham , and Orell should have their Tryall , the rest to be sent back to prison . These were all condemned , but their lives spared ; which favour , Raleigh ( for a good sum of money received of Baynham ) procured . Essex in the mean while , requested he might speak with some of the Counsellors , to whom he reconciled himself , and to Cecill especially ; and then intimated , That the Queen could not be in safety while he lived ; he requesteth he might be executed privately in the Tower : He grievously inveigheth against some of the Conspiracy , and wished to speak with some of them , but specially with Blunt and Cuffe ; whom as soon as he saw , he brake forth into these words ; O Cuffe , ask pardon of God and the Queen , for thou hast chiefly provoked me to this disloyalty . Also he intimated Sir Henry Nevill , ordinary Ambassadour in France , to have been acquainted with the Conspiracy ; and that other in Scotland , France , the Netherlands , and the Lord Mountjoy , Deputy of Ireland , knew of his purpose , and other in England ; who being many in number , and the Lord Mountjoy ordering the Affairs of Ireland in good fashion , the Queen wisely would take no notice of it . The five and twentieth day of February , which was to be the fatall day , there were sent to the Earl divers Ministers , to give him ghostly comfort . The Queen now wavering in her self , one while remembring the ●●ci●nt kindenesse she had shewed him , she commanded he should not be ●xecu●ed ; then again , thinking of his stubbornnesse , That he would not once ask her mercy , and had said openly , That he could not live , but she must perish ; countermanding her former word , she gave order that he should ●e executed . Then was he brought forth into the Yard , where a Scaffold was erected , and sundry of the Nobility present , amongst whom Raleigh also ; but being ●old , It was an inhumane thing to stand by and behold the death of his adversary , he withdrew himself into the Armory , and from thence beheld the Tragedy . Essex being ascended the Scaffold , uncovered his head , cast up his eyes towards Heaven● and cryed God mercy for the manifold sins of his youth , but this last specially , which he said was a bloody , crying , and contagious sin ; craved pardon of the Queen and her Councellors , commended his Spirit into the hands of God , and had his head taken off at the third blow , though the first bereft him both of sense and motion . The fifth of March , Sir Christopher Blunt , Sir Charles Davers , Sir Iohn Davis , Sir Gyllie Merrick , and Cuffe , were brought to their Tryall in Westminster-Hall , before the Queens Delegates . The Heads of their Inditements , were the same which were objected to Essex and Southampton . The others said little in their defence , onely Cuffe stood upon these two Answers ; Whereas ( saith he ) I am challenged of Treason , because I was in Essex house the day of the Rebellion ; by the same Argument the Lion in the Celler might be indited ; all that day I lamented the Earls Fortune , and dealt with him to flie to the Queens mercy . And as for the Consultation in Drury House , it is no more to be called High Treason , than an Embryon may be accounted a perfect man. The Lawyers on the other side demonstrated , That no necessity lay upon him to tarry in the House ; and that the Consultation in Drury House was it self a Treason , though it had never broke forth into act . Merrick said onely this , The Earl of Essex raised me , and he hath overturned me . The thirteenth of March , Merrick and Cuffe are drawn to Tyburn , where Cuffe entring into a long Speech , was by the Sheriff interrupted ; and then , after prayers to God , and desiring God and the Queen to pardon him , he was cast from the Ladder : a man of great Wit and Learning , but of a boysterous and turbulent disposition . In the same manner died Merrick . The fifteenth of March , Sir Charles Davers , and Sir Christopher Blunt were beheaded on the Tower-Hill ; albeit Davers offered ten thousand pounds to redeem his life , though with perpetuall Imprisonment . The Earl of Southampton , and the Sheriff Smith , were kept prisoners ; though Smith , after some time , was upon sureties suffered to go at large . The eighth of Iuly , Sir Henry Nevill was cited before the Lords of the Counsell , where it was laid to his Charge , That he was present at the Consultation in Drury House , yet had not revealed their sinister purpo●es ; and had imparted to Essex the secrets of his French Ambassage . He confessed , That at the Earls intreaty , he shewed him the Commentaries of the French proceedings , was present at one of their Consultations onely , but contemned their counsells , yet durst not be an Informer against so great Personages . Hereupon he had a grievous check given him , and was committed to prison . One Act of the By , is not here to be omitted . Essex at his Arraignment had complained , That his hand-writing was counterfeited . It happened , the Countesse of Essex being fearfull in her husbands behalf , gave a Letter which she had received from him , to the custody of one Ri●ove , a Dutch-woman that waited on her : this Dutch-womans husband , named Daniell● lighted by chance upon the Letter , and perceiving some passages in it which might bring the Earl of Essex into danger , got a cunning fellow to draw a counterfeit Copy of the said Letter ; with this he cometh to the fearfull Lady , who was newly brought to bed , threatning to give the same to her husbands adversaries ; unlesse she would presently give him three thousand pounds . She to shun the danger , paid him eleven hundred and seventy pounds at the very instant ; yet did he deliver her the counterfeit Copy only meaning to make use of the true one , to get another sum of the Earls adversaries . This imposture being found out , he was censured to perpetuall Imprisonment , condemned in three thousand pounds ( two of which were to go to the Countesse ) and his ears nayled to the Pillory , with this Writing over his head ; A notorious Cheater . Soon after , a Parliament was assembled , wherein grievous complaints being tendred to the lower House touching Monopolies ; the Queen , by way of prevention , sendeth out Proclamations , declaring the said Licenses and Patents to be voyd in part , leaving some part to the discussion of the Laws : which thing was so acceptable to the Lower House , that they presently sent 80 selected persons ; together with the Speaker , to give the Queen thanks ; and she on the other side , gave them thanks , for being such faithfull Monitors to her , to recall her from an errour , whereinto through ignorance , not wilfulnesse , she was fallen . In Ireland , the Deputy , at the entry of the Spring , draweth his Forces together and driveth Tir-Oen from where he had fortified himself ; Carew , President of Munster , taketh the titular Earl lurking in a Cave , and receiveth intelligence , That the Spaniards , invited by Tir Oen , had a purpose to land in Munster , yet could not perswade the Deputy they had any designe for Ireland ; but in the midst of September , certain news was brought , The Spaniards were in sight , who wanting winde to carry their Fleet to Cork , put in to Kinsale , the three and twentieth of September , and land their Souldiers without resistance . Richard Percy , having but few Souldiers to defend the Town , is commanded to come away , and leave Kinsale to the Spaniards , into which they enter with Ensignes displayed , and by the Magistrates and Inhabitants , were bidden welcome . D'Aquila , who commanded the Spaniards , publisheth a Declaration , wherein he sheweth , That Queen Elizabeth was deposed from her Kingdom by sentence of the Pope , her subjects absolved from their Allegiance ; And that the Spaniards were now come to deliver Ireland from the Jaws of the devill . Tir Oen joyneth his Forces with them , so as they were now six thousand Foot , and five hundred Horse , and promised themselves assured Victory , the English being not neer so many . The four and twentieth of December , a Battell is joyned ; where , after a long Fight , the Victory inclined to the English. Tir Oen , O donell , and the rest , cast away their Weapons , and save themselves by flight . Alphonso O Campo , chief Leader of the Spaniards , together with three other Captains , was taken prisoner , and six Ensigne-bearers , twelve hundred were slain , nine Colours taken , whereof four belonged to the Spaniards : of the English not many were slain , but a great number wounded . After six dayes , D'Aquila sendeth Letters to the Deputy by a Drummer , requesting that some person of account might be sent to him , with whom to confer ; Sir William Godolphine is sent , to whom he complained of cowardise , and ( he feared ) treachery of the Irish ; and therefore , although he wanted nothing to hold out the Siege , and did daily expect great Forces from Spain , yet was willing to make a Composition : whereupon , at last it was agreed , The Spaniards should yeeld up Kinsale to the Deputy , as also the Castles and Forts at Baltimore , Bere-Haven , and Castle-haven , and should depart with life and goods , and Colours displayed . The English , at a reasonable price , should furnish them with Ships and provision into Spain ; and that they should not carry Arms against the Queen of England , till they were arrived in Spain , &c. And now the Spaniards being driven out of Ireland , the Queen , to prevent their coming again , sendeth out Sir Richard Levison , and Sir William M●●son , with eight Ships of her own , and some smaller Ships of War , to attempt something upon the Coast of Spain . On the nineteenth of March , Levis●n hoyseth Sayl , and Monson afterward , having in vain tarryed behinde , for some Dutch Ships to joyn with them . Levison in the mean time lighted upon the Spanish Navy of eight and thirty Ships , which brought the Treasure from America , and set upon them , but to no purpose . When Monson was come with the rest of the Fleet , they had certain notice , That a mighty Indian Caraque of sixteen hundred Tun , and richly laden , was upon the Coast of Portugall . There indeed they found it , but it lay close under a Fort , attended with eleven Gallies ; and the Caraque it self appeared as big as a Castle ; yet they resolved to fire it , if they could not take it . The next day , they thundered so violently against the Gallies , that within seven hours the Marquesse of St. Crosse , together with Portugall Gallies which he commanded , withdrew themselves ; two of them were taken and fired ; and in them was great store of Powder , which was going for the Low-Countries . And now Levison signified to the Captain of the Caraque , That the Gallies which they trusted to , were driven away , and therefore , if they now refused mercy , they must expect none hereafter . After much speech to and fro , it was at last agreed , That the Caraque , with the Ordnance and Merchandise , should be yeelded up . Thus the English , having a fair winde , returned homeward with a Booty , to the value of a Million of Duckets , by the Portugall account , and not past five of their men lost in the Voyage . At this time there arose a Contestation amongst the Popish Clergy here in England ; for the Jesuites and the Secular Priests , made bitter Invectives in their writings , one against the other . The originall of the Priests quarrell was , That Blackwell , one wholly at the beck of the Jusuites , was set over them as Arch-Presbyter , who first of all despoiled them of their Faculties ; and when they appealed to the Pope , caused them to be declared Schismaticks and Hereticks . They in sundry Books extolled the Queen very highly , as one that dealt mildly alwayes with the Catholikes , till such time as they set all in a combustion in England ; and by their Treasons , caused most severe Laws to be enacted against the Catholikes . Parsons they traduced , as a Bastard , an Equivocator , and a Traytor . Whether they contended thus in good earnest , or in jest only , is hard to say ; but the Bishop of London politickly nourished the contention ; and all he gained , was this , That the Queen and her Councell , finding them dangerous to the Common-wealth , both the one and the other , upon Penalty of the Laws , were by Proclamation commanded to depart out of the Kingdom presently . In France , the Marshall Biron , for entring into dangerous attempts against the publike Peace , was arraigned , and lost his head . His confession brought some other into danger ; and amongst them , the Duke of Bulloign , of the Protestant Religion , that when he was cited , he durst not appear , but fled into Germany . Hereupon the King of France sendeth to Queen Elizabeth , complaining that the Duke held his Marriage unlawfull , and the Popes Dispensation nothing worth , pronouncing his son Illegitimate ; had destined the Prince of Conde to the Succession of the Crown , and conspired the destruction of the prime of the Nobility . The Queen , by her Legier Ambassadour , adviseth the King not too credulously to entertain those reports , as doubting these suggestions might proceed from some of the Spanish Faction . Hereupon the King grew very angry , saying , The Queen held a better opinion of the Duke then he deserved , and that he was one of the chief Architects of Essex his Treason ; and being questioned by the King about it , was not able to deny it . About this time also , the Duke of Savoy , by cunning slights , and open force , practised against the State of Geneva ; and the Queen relieved them with a great sum of money , gathered amongst the Clergy and Laity all over England . And now the Earl of Tyrone , perceiving himself in a desperate estate , resolved to sue for mercy , and promised at last to submit his life and Fortunes to the Queens pleasure , absolutely without condition . Hereupon , being admitted to the presence of the Deputy , at the very entry of the room , he fell on his knees ; and then passing on a few steps , prostrated himself again , saying , I confesse and crave pardon for my great fault , against God , and a most bountifull Prince , my dread Soveraign : I fly to the Queens mercy , as a sacred Anchor , permitting her to dispose of my life and Fortunes at her pleasure . Upon this his submission , the Deputy commanded him to go aside , and the next day took him along to Dublin with him , meaning to bring him into England , that the Queen might deal with him according to her Royall pleasure : But before he could come into England , the Queen died . Her TAXATIONS . IN a Parliament holden the first yeer of her Raign , a Subsidy was granted , of two Shillings eight pence the pound of Goods , and four Shillings of Lands , to be paid at two severall Payments , of every person Spirituall and Temporall . In her sixth yeer , in a Parliament holden at Westminster , one Subsidy was granted by the Clergy , and another by the Laity , together with two Fifteenths and Tenths . In her eighth yeer , in a Parliament then holden , there were offered to her four Subsidies , upon condition she would declare a Successor ; but she refused their offer , and directly remitted the fourth Subsidy , which they had granted , saying , It was all one , whether the money were in her Subjects Coffers , or in her own . In her thirteenth yeer , in a Parliament then holden , towards her charges of repressing the Northern Rebellion , there was granted her by the Clergy , a Subsidy of six Shillings in the pound : and by the Temporalty , two fifteens , with a Subsidy of two shillings and eight pence in the pound . In her six and thirtieth yeer , a Parliament was holden , wherein was granted by the Clergy , two whole Subsidies , and by the Laity , three , besides six Fifteens and Tenths ; but it was put into the Act , That this great Contribution , the like whereof had not been known in former Ages , should not be drawn into Example . In her fortieth yeer , in a Parliament at Westminster , were granted her by the Clergy , three entire Subsidies ; and by the Laity , as many , with six fifteenths and Tenths . In her two and fortieth yeer , to furnish her self with money towards the Irish War , she delegated certain Commissioners , to confirm the Crown Lands to the possessors , that held any of controverted Titles , and to take money for the Confirmation , thereby to take away the troubles by concealers , who at this time were very busie . Of her LAVVS and ORDINANCES . IN a Parliament holden in her first yeer , an Act was made , That every person should go to Divine Service upon Sundayes and Holy-dayes , or else pay twelve pence to the poor . Also it was enacted , That Bishops should not let the Lands of the Church , longer then for one and twenty yeers , or three Lives , except to the Queen or her Successors . In her third yeer , Proclamation was made , That the Teston , coyned for twelve pence , and in the Raign of King Edward embased to six pence , should not be currant but for four pence ; the Groat , but for two pence ; and the piece of two pence , but for a penny : And not long after , all the said base Moneyes were called in , and fine Sterling money was allowed for them , after the Rate . For Ireland also , she coyned Sterling money ; where nine pence in England , went for twelve pence there . The Queen was the first that brought certain Counties to deliver Provision at a certain rate , that so they might be freed from the Purveyors : Also the first that granted allowance to Judges for their Circuit . In her sixth yeer , in a Parliament then holden , it was made Treason to refuse taking the Oath of Supremacy ; yet with this limitation , That by it the blood should not be dishonoured , nor goods confiscate ; nor the Oath to be required of any Baron of the Kingdom . Also this yeer , by a Common Councell in London , It was enacted , That all such Citizens as from thenceforth should be constrained to sell their houshold-stuff , Leases of houses , or such like , should first cause the same to be cried thorow the City , by a man with a Bell , and then to be sold by the common Outcryer appointed for that purpose , and he to receive one farthing upon the shilling for his pains . In her three and twentieth yeer , she represseth by Proclamation excesse in apparell , Gold Chayns , and Clokes which men wore down to their heels . The length of Swords was limitted to three Foot , and Daggers to twelve Inches , besides the Hilts. Buildings likewise in the Suburbs were restrained , In-mates forbidden , and expresse charge set forth , That no dwelling house should be new built within three miles of any of the City Gates , under pain of imprisonment , and losse of the materialls . In her time was set on foot by Sir Thomas Smith , the Law made for the serving of Colledges with provision , to the great benefit of those Scholasticall Societies . In her two and fortieth yeer , she setteth forth Proclamations against the Transportation of Gold or Silver , wrought or unwrought , according to the former Acts of Parliament in that case provided . This yeer also she founded the Company of the East India Merchants , and allowed them ample Priviledges . In her three and fourtieth yeer , all Monopolies are called in by Proclamation . In her four and twentieth yeer , severe Laws are made against Papists , some inflicting death , some fine and imprisonment . In her eight and twentieth yeer , a Proclamation was set forth , prohibiting to sow Wo●d within eight miles of any of the Queens Houses , and four miles off any Cities or Towns Corporate . AFFAIRS of the CHURCH in her time . ON Sunday the first of Ianuary , next after the Queens coming to the Crown , by vertue of her Proclamation , the English Letany was read accordingly as was used in her Graces Chappell , in all Churches thorow the City of London , and likewise the Epistle and Gospel of the day , begun to be read at Masse-time in the English To●gue . Also in a Parliament holden in her first yeer , the first Fruits and Tenths were restored to the Crown , and the Supreme Government over the State Ecclesiasticall , and the book of Common-Prayer , and Administration of the Sacraments in the English Tongue was restored , and by degrees the Protestant Religion was established . The Bishops that refused the Oath of Supremacy , were all removed , and Protestant Bishops placed in their room . It was enacted also , That all persons should go to Divine Service upon Sundayes and Holy-dayes , and a Fine of twelve pence imposed upon every one that should be absent , and the same to be given to the poor . In her fourth yeer , the Queen was solicited by Pope Pius , to send her Orators to the Councell of Trent , which she refused , as not acknowledging it a lawfull Councell . In a Parliament holden in her eighth yeer , it was enacted , and by a generall consent declared , That the Election of the Arch-bishops and Bishops in England , together with their Consecration , Confirmation , and Investiture ( which some persons slanderously called in question ) was lawfull and Canonicall , and that they were rightly , and according to the Acts and Statutes of the Kingdom , chosen and consecrated . In her eleventh yeer , there arose in England two contrary factions in Religion : on the one side , Thomas Harding , Nicholas Sanders , and other Divines that had fled out of England , began to exercise the Episcopall Jurisdiction upon the Queens Subjects , which they had derived from the Sea of Rome : On the other side , Colman , Burton , Hallingham , Benson , and other , making profession of the pure Religion , would allow of nothing but what was directly taken out of the Scriptures , openly condemning the received Discipline of the Church of England , together with the Church Liturgy , and the very Calling of Bishops , as savouri●g too much of the Romish Religion , protesting in the Pulpi●s , That it was an impious thing to hold any thing common with the Church of Rome ; and used all diligence to have the Church of England reformed in every point , according to the Rule of the Church of Geneva . These , although the Queen commanded to be committed to prison , yet it is incredible how upon a sudden their followers encreased , known by the envious name of Puritans . This sect so mightily encreased , that in her sixteenth yeer , the Queen and Kingdom was extremely troubled with some of the Clergy , who breathing out nothing but Evangelicall parity , cryed down the Ecclesiasticall Form of Government ( as a thing polluted with Romane dr●ggs ) and setting forth Books likewise , Intituled , The Admonition to the Parliament , and the Defence of the Admonition : they refused to resort to the Divine Service publikely in use , and framed to themselves other Rites . Whereupon , the Queen , to suppresse them , whom by no means she liked , commanded every where the severity of the Law touching the Uniformity of Common-Prayer , to be put in execution , and those books , upon pain of Imprisonment , to be delivered into the hands of the Bishops , or some of the Queens Councell . And this yeer were taken at Masse in their severall houses , the Lord Morley's Lady and her children , the Lady Guildford , and the Lady Browne , who being thereof indited and convicted , suffered the penalty of the Law in that case provided . Untill the twentieth yeer of Queen Elizabeths Raign , the Papists in England were mercifully connived at , while they solemnized their own Rites within their private houses ( though that also were against the Laws ) but when as that Thunder-bolt of excommunicating the Queen came abroad , then was the Law enacted against those who brought into the Kindome any Agn●s Dei , or hallowed Beads , or reconciled any of the Queens subjects to the See of Rome ; yet for six whole yeers together after this Law was made , it was not executed upon any Papist , till Cuthbert Mayne , a Priest , and an obstinate maintainer of the Popes Authority against the Queen , was executed at Launston in Cornwall , and the Gentlemans goods that harboured him confiscate , and himself adjudged to perpetuall Imprisonment . In her three and twentieth yeer , divers Priests and Jesuites came into England ; amongst whom , Robert P●●sons , and Edmund Campian , English-men and Jesuites , being now bound for England , to promote the Catholike Cause ; at which time a Proclamation was set forth , That whosoever had any children beyond the Sea , should by a certain day call them home ; and that no person should receive or harbour any Seminary Priest or Jesuite . At this time also , there arose up in Holland a certain Sect , naming themselves , The Family of L●ve , who perswaded their followers , That those only who were adopted into that Family , were elected , and no other could be saved , but were all reprobates , and damned , and that it was lawfull for them to deny upon oath whatsoever they pleased , before any Magistrate or whomsoever , that were not of their Family . Many of their books were printed , under these titles , The Gospel of the Kingdom , The Lords Sentences , The Prophesie of the spirit of love , The publication of Peace upon earth , by the Author H. N. but who this Author was , they would by no means reveal : at last ) he was found to be Henry Nicholls of Leyden , who blasphemously preached , That he was partaker of the Divinity of God , and God of his humane Nature : all which books were by Proclamation commanded to be burnt . In a Parliament holden the eight and twentieth yeer of her Raign , some , out of a desire of a Reformation , began to pick quarrells at the Clergy , desiring to passe Laws for the restraint of Bishops in their granting of Faculties , conferring of holy Orders , Eccles●asticall Censure , and the Oath Ex officio . They complayned likewise of the non-residency of Ministers , and the like . But the Queen ; who alwayes hated Innovation ( which for the most part changeth for the worse ) would give no ear unto them ; conceiving besides , That these proceedings in Par●iament in Ecclesiasticall Affairs , derogated from her Prerogative . In her six and twentieth yeer , the Queen gave a speciall charge to Whitgift Arch-bishop of Canterbury , to settle an Uniformity in the Ecclesiasticall Discipline , according to the Laws , which through the connivence of Bishops , and perversenesse of the Puritans , lay now almost gasping , Wh●reupon , he provided three Articles , to which every Minister should subscribe : The first , That the Queen had Supreme Authority over all persons born within her Dominions , of what condition soever they were ; and that no other Prince , or Prelate , or Potentate , hath , or ought to have any Iurisdiction , Civill or Ecclesiasticall , within her Realms and Dominions . The second , That the Book of Common-Prayer , and of the Ordination of Bishops , Priests and Deacons , containeth nothing contrary to the Word of God , but may lawfully be used ; and that they will use that , and none other . The third , That the Articles agreed on in the Synod holden at London , in the yeer 1562 , and published by the Queens Authority , they did allow of , and believe them to be consonant to the Word of God. It is incredible , what reproaches the Arch-bishop incurred by setting forth these Articles , both from factious Ministers , and from some also of the Nobility ; yet by his patience and constancy , he brought at last Peace to the Church , making this his Motto , Vincit qui patitur . Neither did these at home onely disturb the Peace of the Church , but others also from abroad , as Robert Brown , a young Student of Divinity in Cambridge ; from whom came the Sectaries called Brownists ; and Richard Harrison , a petty School-Master . These presuming to judge matters of Religion by their own private spirit , by books set forth in Zealand , and dispersed at this time over England , condemned the Church of England for no Church , and ensnared many in the nets of their new Schism . Neither could they be restrayned , though their books were prohibited by the Queens Authority , and soundly confuted by sundry learned men ; and one or two of the Ring-leaders executed at S. Edmunds Berry . In her one and thirtieth yeer , these Puritans flames brake forth again , Books are written by the names of Martin Mar-Prelate , and A Demonstration of the Discipline , by Penry a●d ●●dall , against the Government of Bishops ; and nothing would please them , but the Discipline of Geneva : Many Abettors they had , Knightly and Wigstone , Knights , besides Cartwright ( the father of them ) Snape , King , Pradlow , Payn , and others ; who though called in question , fined and imprisoned , could never be reclaimed . In her six and thirtieth yeer , the Queen caused the severity of the Laws to be executed upon Henry Barrow and his Sectaries , for disturbing the Church , and the publike Peace , by scattering of their monstrous Opinions , condemning the Church of England as no Christian Church , and derogating from th● Queens Authority in Causes Ecclesiasticall . WORKS of Piety in her time . THis Queen converted Westminster Abbey into a Collegiate Church , and there ordained a Dean , twelve Prebendaries , a Master , Usher , and forty Schollars , Vicars , Singing-men , and twelve Alms-men . In her third yeer , the Merchant-Taylors , founded a notable Grammar-School , in the Parish of S. Lawrence Pountney in London . Also this yeer , William Harper , Maior of of London , founded a Free-School in the Town of Bedford , where he was born . In her seventh yeer , on the seventh of Iune , Sir Thomas Gresham laid the first stone of the Royall Exchange in Cornhill , which in November the yeer after , at his own charges was finished , being the yeer 1567. In her tenth yeer , the Citizens of London builded a new Conduit at Walbrook corner , neer to Dowgate , the water whereof is conveyed out of the Thames . Also this yeer , Sir Thomas Roe Maior of London , caused to be enclosed within a wall of Brick , one Acre of ground , neer unto B●dlam , without Bishops-Gat● , to be a place of Buryall for the dead of such Parishes in London as lacked convenient ground within their Parishes : He also builded a convenient room in Pauls Church-Yard , on the South side of the Crosse , to receive a certain number of Hearers at the Sermon time . Sir William Peter , having himself been born at Exceter in Devon-Shire , he gave to Exceter Colledge in Oxford , a hundred pounds Lands a yeer : He also builded at Ingerstone in Essex , Alms-houses for twenty poor people , and giving them some competent maintenance . Sir Thomas Gresham had his dwelling house in Bread-str●et London , which he dedicated to the profession of the Liberall Sciences , erecting there Lectures of Divinity , Civill Law , Physick , Geomitry , Astronomy , Musick , and Rhetorick , alotting to the Professors very competent allowance . In her seventeenth yeer , died Matthew Park●r , Arch-bishop of Canterbury , who founded a Grammar School in Rochdale in the County of Lancaster : He also procured to Corpus Christi Colledge in Cambridge , thirteen Schollarships , and built two Chambers for Schollars , and the inward Library of the same Colledge , and procured to it the Patronage of S. Mary Abchurch in London , with many other works of like kinde . Sir Nicholas Bacon , Lord Keeper gave for six Schollars to be found in Ben●t Colledge in Cambridge , three pounds , six shillings and eight pence a piece for ever . Edmund Grindall Arch-bishop of Canterbury , founded a Free-School in Cumberland , where he was born , and gave many Pensions to both Universities . Frances , Countesse of Sussex , sister to Sir Henry Sidney , founded Sussex-Sidney Colledge in Cambridge : As likewise Sir Walter Mildmay , Chancellor of the Exchequer , founded Emmanuell Colledge in the same University . Sir Thomas Bodley erected and furnished the famous publike Library at Oxford . Alexander Nowell Dean of Pauls , endowed Brasen nose Colledge in Oxford , where he was brought up , with two hundred pound per annum , and died in the yeer 1602. Sir Roger Manhood , chief Baron of the Exchequer , built seven Alms-houses in Canterbury , giving to every Alms-man four pounds yeerly : and our worthy Countrey-man William Lambard built an Alms-house at Gr●enwich , which he called , The Colledge for the poor of Queen Elizabeth . CASUALTIES in her time . IN the first yeer of her Raign , died Sir Thomas Cheyney , Lord Warden of the Cinque-Ports , of whom it is reported for certain , That his Pulse did beat more then three quarters of an hour after he was dead , as strongly as if he had been still alive . In her third yeer , there was found neer Keswrick in Cumberland , a most rich Veyn of pure and native Brasse , which had lain neglected a long time : Also the Stone called Lapis Calaminaris , which is of great use in Brasse Works , was first brought into England at this time , and that in most plentifull manner . Likewise this Queen was the first that caused Gun-Powder to be made in England , which before was had from forraign parts , and at dear rates . In her third yeer , the Spi●e of the Cathedrall Church of Pauls , being five hundred and twenty foot from the ground , and two hundred and sixty from the square Steeple where it was placed , and was made of wooden materialls , but covered with Lead , was with lightning burnt down , together with the Roofs of that large Church , and that within the space of five hours ; the Roofs were after re-edified , but the Spire is yet wanting . The Queen gave towards it a thousand Marks in money , and a thousand load of Timber ; and the City granted a Benevo●●●ce , and three Fifteens ; and the Clergy also contributed towards it . Also this yeer there were many monstrous Births : A Mare brought forth a Foal with two heads , and a long tayl growing out between the two Heads . A Sow farrowed a Pig with two Bodies , eight Feet , and but one Head. A man-childe was born at Chichester in Sussex , having arms and legs like to an Anatomy , the Brest and Belly monstrous big , about the neck a great coller of flesh and skin , growing like the ruff of a Shir● . In her sixth yeer● upon the returning of the Army from Newhaven , the Pesti●ence war brought into England , but especially into London ; where in o●e yeer there died one and twenty thousand and five hundred . This yeer also , in the Month of December , was driven on the shore at Grimseby in Lincoln-shire a monstrous Fish , in length nineteen yards , his tayl fifteen foot broad , and six yards between the eyes . Twelve men stood upright in his mouth to get the Oyl . In her seventh yeer ; on the one and twentieth of De●ember began a Frost , so extreme , that on New-yeers Even people passed over the Thames on foot ; some played at Foot-ball , some shot at pricks , as if it had been firm ground . Yet this great Frost , the third of Ianuary at night began to thaw , and by the fifth day , there was no Ice at all to be seen ; which sudden thaw caused great Inundations . In her eighth yeer , within the space of ten Months , there died in London seven Aldermen , namely , Edward Banks , Richard Chamberlain , Sir Martin Bowes , Sir Richard Mallory , Sir William H●wet , Sir Thomas White , and Richard Lambert , one of the Sheriffs for that yeer . The same yeer also , in the Town of Ossestry in Wales , two hundred houses , in the space of two hours , were consumed with fire . In her tenth yeer , were taken in Suffolk , at Downham Bridge neer to Ipswich , seventeen monstrous Fishes ; some of them being seven and twenty foot in length : And in the same yeer , many Dutch flying into England , to avoid the persecution of the Duke D'Alva , were the first that brought into England the Art of making Bayes , Sayes , Serges , and such woven stuffs , both Woollen and Linnen . In her time a rich Veyn of Copper was found in the Earl of Nor●humberlands Grounds , which she by her Prerogative seized upon . In her thirteenth yeer , a prodigious Earthquake happened in the East parts of Hereford-shire , at a little Town called Kinnaston . On the seventeenth of February , at six of the clock in the evening , the earth began to open , and a hill with a Rock under it ( making at first a great bellowing noyse , which was heard a great way off ) lifted it self up a great heighth , and began to travell , bearing along with it the Trees that grew upon it , the Sheep-folds , and Flocks of Sheep abiding there at the same time . In the place from whence it was first moved , it left a gaping distance forty foot broad , and fourscore Ells long ; the whole Field was about twenty Acres . Passing along , it overthrew a Chappell standing in the way , removed an Ewe-Tree planted in the Church-yard , from the West into the East : with the like force it thrust before it High-wayes , Sheep-folds , Hedges and Trees , made tilled ground Pasture , and again turned Pasture into Tillage . Having walked in this sort from Saturday in the evening , till Munday noon , it then stood still . In her fifteenth yeer , in the Month of November , a new Star , or rather a Meteor ( but that it was found to be above the Moon ) was seen in Cathedra Cassiopeae , exceeding Iupiter in brightnesse , and in that place was carryed with the Diurnall motion of the Heavens sixteen Months together , though after eight Months it was perceived to grow lesse and lesse . In her sixteenth yeer , was a great Dearth , so as Wheat was sold at five and six shillings the Bushell , and other things in proportion . In her seventeenth yeer , a vast mighty Whale was cast upon the Isle of Thanet in Kent , twenty Ells long , and thirteen foot broad from the belly to the back bone , and eleven ●oot between the eyes . One of his eyes being taken out of his head , was more then a Cart with ●ix horses could draw ; the Oyl being boyled out of the head , was Parmasittee . This yeer also , the River Thames ebbed and flowed twice within an hour : and in the Month of November , the Heaven seemed to be all on fire . Also on the four and twentieth of February , being a great Frost , after a Flood which was not great , there came down the River of Severn such a swarm of Flyes and Beetles , that they were judged to be above a hundred Quarters ; the Mills thereabout were dammed up with them for the space of four dayes , and then were cleansed by digging them out with Shovells . In her thre● and twentieth yeer , in the beginning of April , about six a clock after noon , happened an Earthquake not far from York , which in some places , strook the very stones out of Buildings , and made the Bells in Churches to jangle . The night following , the earth trembled once or twice in K●nt , and again the first day of May. In her six and twentieth yeer , being the yeer 1583 , the like Prodigie happened in Dorset-shire , as in the yeer 1571 had happened in Hereford-shire ; A field of three Acrees in Blackmore , with the Trees and Fences , moved from its place , and passed over ano●her Field , travelling in the High-way that goeth to Herne , and there stayed . In her eight and twentieth yeer , Tobacco was first brought out of the West Indies into England , by Ralph Lane. In her five and thirtieth yeer , there was so great a Drouth , that not onely the Fields , but the Springs themselves were dried up , and many Cattell every where died for want of water . The River of Thames likewise did so fail , that a horse-man might ride over at London Bridge . In her six and thirtieth yeer , was a great Plague in London , so as there died this yeer , in London and the Suburbs , seventeen thousand eight hundred and ninety , besides the Lord Maior , and three Aldermen ; and Michaelmas Term was holden at S. Albons . Of her PERSONA●E and CONDITONS . SHe was of stature indifferent tall , slender and straight , fair of Complexion , her hair inclining to pale yellow , her fore-head large and fair , her eyes lively and sweet , but short sighted ; her nose somewhat rising in the midst ; the whole compasse of her countenance somewhat long , yet of admirable beauty , but the beauty of her minde was far more admirable : She had been a subject , which taught her to rule ; she had been in misery , which taught her to be mercifull ; and indeed , never Prince ruled with more Justice , and with her Justice mingled more mercy . She had more Valour in her then was fit for a woman , but that she was a Ruler over men ; and more Humility in her then was fit for a Prince , but that she meant to be a President to women . She delighted in nothing so much , as in the love of her Peopl● , which she procured by ordaining good Magistrates , and forbearing Impositions . Her way not to need them , was frugality ; and her way to have them when she needed them , was liberality . She made Honour in her time the more honourable , by not making it common ; and indeed , knowing it to be an influence from her self , she kept it , as her self , a Virgin , and would not prostitute it to unworthy persons . She declined being a mother of children , to the end she might be a mother of her Countrey ; and indeed , no mother ever loved her children more , then she did her people ; and therefore never children loved a mother more , then her people did her . She cove●ed not so much to be an owner of riches , as of rich Subjects ; for she thought money did as well in their Coffers , as in her own : and indeed , ●he never wanted it , when they had it ; and they alwayes had it , when she ●●eded it . Never Prince had a wiser Coun●ell then she , yet never Prince ●eeded it lesse ; for she was her self a Counsellor to her Counsell . In sum , whatsoever may in flattery be said of a wise , just , mercifull , religious , and learned Prince , may truely be said of her ; in all which , if ever she had an ●●uall , yet she never certainly had a superiour . In playing her game of ●ortune , she loved not an after-game ; for she liked Preventions , better then Remedies . She was admirable in expressing her minde , both by speech and writing : and if collection could be made of her Apophthegms , and extemporall Orations , it would certainly excell any thing extant in that kinde : And for her writing , Sir Henry Savile affirms , That he had seen some Translations of hers , which far exceeded the Originalls . Never Prince kept greater State with lesse statelinesse : Her Pensioners and Guard were alwayes the tallest and goodliest Gentlemen and Yeomen of the Kingdom : her maids of Honour , and other women about her , the fairest and most beautifull Ladies of the Realm ; and yet her self a Diana amongst her Nymphes ; insomuch that a great Lord of France being entertained at Court , and the Queen asking him how he liked her Ladies , made answer , It was hard to judge of Stars , in presence of the Sun. Of her DEATH and BURYALL . IT was now the yeer 1602 , when she feeling some Infirmities of Old-age and Sicknesse , retired her self at the end of Ianuary , to Ri●hmond ; at which time , in a sad Omen , she commanded the Ring to be filed off her finger , wherewith she was solemnly at the first inaugurated into the Kingdom , and since that time had never taken it off , it being grown into the flesh in such manner , that it could not be drawn off without filing . At the beginning of her sicknesse , the Almonds of her Jaws began to swell , and her appetite by little and little failed her ; withall she gave her self wholly to sadnesse and heavinesse , which some imputed to her care for the losse of the Earl of Essex ; others , because she heard , That divers of the Nobility sought the favour of the King of Scots , adoring him as the Sun rising , and neglecting her : but howsoever , in March a kinde of benummednesse seized upon her , with a deep melancholly , so as she would sit silently , refrain her meat , and not admit of any conference , but with the Archbishop of Canterbury , with whom she prayed ●ervently , till such time as her speech failed her , which failed her a day before she died . She being in this case , it was thought fit the Admirall and Secretary should go to her , to know her minde concerning a Successor ; to whom she gave this answer ; My Throne hath been the Throne of Kings , I would not a mean person should succeed me . The Secretary requesting her to speak more plainly , I will ( said she ) have a King succeed me ; and what King , but the King of Scots , my neerest Kinsman ? After this , the Arch-bishop exhorting her to think of God , That do I ( said she ) nor do my thoughts ever wander from him . And when her tongue no longer served her , it was evident by the lifting up of her hands and eyes , that her thoughts were fixed upon him . And so on the four and twentieth day of March , being the last day of the yeer 160● , she yeelded up her soul to God , when she had lived threescore and nine yeers , six months , and seventeen dayes ; Raigned four and forty yeers , four months , and seven dayes . Her Body was embalmed , wrapped in Lead , and brought to White-hall , from whence on the eight and twentieth of April following , in great solemnity , it was carried into the Collegiate Church of S. Peters at Westminster , and there interred in the Vault of her Grand-father , K. Henry the seventh , in his magnificent Chappell , where our renowned Soveraign K. Iames hath built her a Princely Monument , inscribed with Epitaphs to her eternall glory . At her Funerall were said to be Mourners in black , to the number of on● thousand and six hundred persons . MEN of NOTE in her time . THe Ocean is not more boundlesse , then the number of men of note in her time ; but though all of them cannot be reckoned , yet some of them must not be omitted . And to begin with Sates-men : An exquisite States-man for his own ends , was Robert Earl of Lèicester ; and for his Countries good , Sir William Cecill , Lord B●rleigh ; as also Sir Francis Walsingham , that great underminer of Conspirators . Famous Sea-men , were the Earl of Cumberland , the Lord Thomas Howard , afterward Earl of Suffolk : and of meaner Rank , Sir Iohn Hawkins , Sir Martin Forbys●er , Sir Walter Raleigh , Cavendish , Preston , Ryman ; and , to name the worthiest last , Sir Francis Drake , who though he were but a short square bodied man , yet his great Acts have made the Spaniards believe that he was some goodly Personage . Great Commanders by Land , were Robert Earl of Essex , the Lord Willoughby , the Lord Grey of Wilton , Sir Francis Vere , Sir Roger Williams , Baskervile , Savage ; and the Honour of his Family , and our English Nation , Sir Iohn Norris . Learned Gentlemen and Writers , were Sir Thomas Chaloner , employed by Queen Elizabeth as her Ligier in Spain , who wrote five books of the restoring of the English Common-wealth , in elegant Verses , while ( as he said ) he lived in a Stove in Winter , and in a Barn in Summer : Roger Askam , born in York-shire , notably skilfull in the Greek and Latin Tongues , who had sometime been School-master to Queen Elizabeth , and her Secretary for the Latin Tongue ; but taking too great delight in Gaming and Cock-fighting , he both lived and died in mean estate , yet left behinde him sundry Monuments of Wit and Industry . Sir Thomas Smith , born at Saffron Walden in Essex , sometime Secretary to K. Edward the 6 , who wrote an imperfect Work of the English Common-wealth , a singular Book of the Orthography of the English Tongue , and another of the Pronunciation of the Greek ; the first man that set on foot the Law for serving the Colledges with Provision . Sir Henry Savill , Provost of Eaton , and Reader to Queen Elizabeth , who set forth all S. Chrysostomes works in Greek , and by translating of Cornelius Tacitus , , deserved as much of the English Tongue , as he of the Latin : But above all , the admirable sir Philip Sidney , who by writing in a light Argument , shewed how excellently , and beyond all comparison he could have done in a grave . Learned Divines were Iohn Iewell , born in Devon-shire , a Student in Corpus Christi Colledge in Oxford , in Queen Maries time an Exile , by Queen Elizabeth made Bishop of Salisbury , who wrote an Apologie for the Protestant Doctrine , and died at scarce fifty yeers of age , in the fourteenth yeer of Queen Elizabeth . Iohn Whitaker , Master of S. Iohns Colledge in Cambridge , who learnedly answered all the books of Bellarmine . Bilson , Bishop of Winchester , sometimes Fellow of New Colledge in Oxford , who , amongst his other learned Works , hath written notably of Christs descent into hell . Richard Hooker , Preacher at the Temple , who with too much meeknesse smoothered his great Learning , yet hath something discovered it in his five Books of Ecclesiasticall Discipline , and died in the yeer 1599. Alexander Nowel , Dean of Pauls , who forbearing deeper Works , set forth a Catechism , according to the Doctrine of the English Church , and died in the yeer 1602. After such men , it might be thought ridiculous to speak so Stage Players ; but seeing excellency in the meanest things deserves remembring , and Boscius the Comedian is recorded in History with such commendation , it may be allowed us to do the like with some of our Nation . Richard Bourbidge , and Edward Allen , two such Actors , as no age must ever look to see the like : and , to make their Comedies compleat , Richard Tarleton , who for the Part called the Clowns Part , never had his match , never will have . For Writers of Playes , and such as had been Players themselves , William Shakespeare , and Benjamin Iohnson , have specially left their Names recommended to posterity . THE RAIGNE OF King Iames. IAMES the fourth King of Scotland , marryed Margaret eldest daughter of Henry the 7 K. of England , by whom he had Iames the 5 , who had one only child Mary Q. of Scots , who had one only son Iames the 6 , who from Iames the fourth had undoubted right to the Kingdome of Scotland● and from Margaret , King Henry the 7 eldest daughter ( the male line being cleane extinct ) unquestionable title to the Crown of England : whereupon Q. Eliz. being dead about 10 a clock in the morning , K. Iames the 6 , K. of Scotland was the very same day ( M. Secretary Cecill himself reading his Title , and Q. Eliz. Will ) proclaimed K. of Eng. Scot. and Ireland , by sound of Trumpet , first at White-Hall , and then in Cheapside , in presence of all the Lords and the Counsell , and other of the Nobility , with a generall acclamation of all sorts of people , that we may truly say , sorrow was never more deceived than at this time ; for where upon the death of Q. Eliz. It was expected there would be nothing for a long time but sorrowing and lamenting . Now that very sorrow was swallowed up of joy , her death bringing with it no other alteration but only of sex , in all other points in a manner the same , the like wisdome , the like learning , the like Iustice , the like religiousnesse in them both : only bettered in this , that we changed a Q. of 70 years old , whom we could not look to keepe long , for a K. of 36 , whom we might well hope to enjoy many years . Q. Eliz. was not sooner dead● but Sir Robert Cary a younger son of the Late L. Hunsdon , posted away unsent , to K. Ia●es in Scotland , informing him of the accident● for bringing which news , the K. afterwards rewarded him with making him a Ba●on of the Realm , and L. of Leppington . But though it were sufficient for the K. information that he heard the news by Sir Robert Carye ; yet it was not sufficient for the Lords of the Counsell in discharge of their duty , if he heard it not from them , and therefore within a very few dayes , as soon as they could provide fit men , they sent first Sir Charles Percy and Mr. Thomas Somerset , and after them Sir Thomas Lake Clerk of the Signet , a man well acquainted with the State of the Kingdome , both to acquaint him with the generall applause of all the Realme , to receive him for their Soveraigne , and also informe him in what termes the State of the Kingdom stood , that so he might not come altogether a stranger when he came into it . Q. Elizabeth indeed had left him not only a Kingdom , but a Kingdom without incombrance ; No wars abroad , no sedition at home , and not only so , but a kingdom furnished with all the fruits of Peace , plenty of all things necessary , and of all necessary things ; the chiefest a wise Cousell , for the left Sir Thomas Egerton L. Chanselor , Thomas L. Buckhurst , L. Treasurer : Charles E. of Nottingham , L. Admiral & Sir Rob. Cecill principall Secretary . Foure such men that the meanest of them were sufficient to sit at the Helme of any Kingdom . Yet to these and 〈◊〉 other besides ( all wh●● the K. now by his letters authorizeth to exerc●●●●●eir severall places , ●s formerly they had done ) he addeth certaine new ones of his own choosing , as namely the E. of Northumberland , and Cumberland● the L. Th● . Howard , and then after the L. Henry Howard ; the one the brother , the other the son of the late D. of Nor●olk , who had suffered so much , that at last , he suffered for the Q. his mother . But although the calling of these two last to such place , was done ( no doubt ) out of ●avour to that house ; yet one of them being known , the other doubted to be a Papist , it was presently apprehended , as a fa●vour to that sid● ; and the Catholicks were not a little confident of his good inclination to them all in generall . And it was indeed but necessary they should at this time have such a conceit , for in the late Q. sicknes , a little before her death , Pope Clement the 8 , had written two Brieves to the Catholicks in England , to admit of none to succeed in the Kingdom , when that miserable woman should happen to dye ( so he pl●ased to s●il● the most glorious Q. that ever lived ) but such a one , of whose good inclination to the See of Rome , they should at least be well perswaded . And now K. Iames having setled the Government of his Kingdom of Scotland , and made convenient preparation for his journey : on the 5 of Aprill 1603 , he set forward , and rode that day from Edinburgh to Dunglasse , and from then●● the next day to ●●rwick ; who having stayed two days● the 8 of Aprill he r●de to With●rington● a house of Sir Robert Caries , from thence the 9 to Newcastle , wh●re he stayed Sunday and heard the Bish. of Durham preach , and so joyfull w●re the Townsmen of his being there , that all the time of his stay they bore the charg● o● his houshold . The 13 of Aprill he set forward to Durham , and from thence the 14 to Walt●orth , the 15 towards York , where his traine encreased to such a multitude , that he was faine to publish an inhibition of the peoples resort , and flocking to him . At York it was a question to whom it belonged to beare the sword before the K● in that place , for both the E. of Cumberland claimed it , as her●ditary to his House , and the President of the North claimed it as belonging to his place , but it was adjudged to George E. of Cumberland , who accordingly did it●●rom York the 18 day the K. r●de to Grimston , to a house of Sir Edw. Stanhopes , the 19 to P●●f●● and so to Duncaster , where he lodged at the signe of the Beare and Sun● The 20● of Aprill●e ●e rode towards Worsuppc . a house of the E. of Shrews●●ri●s ; from thence the 21 to Ne●●rk upon Trent , where a Cutpurse being taken in the fact , was by the K. warrant hāged , a most unseasonable delinqēnt , who would force the K. to commit Iustice at a time when hee intended nothing but mercy , the as to Beaver Castle , a house of the E. of Rutlands , hunting all the way as he rode : From Beaver the 23 to Burleigh , who having stayd 2 or 3 days , the 27 he removed to Hitchinbr●●k , a house of Sir Oliver Cromwels , where the heads of the Vniversity of Cambridge met him● From thence he rode towards Royston , and as he passed thorough Godmanchester a Town close by Huntington , the Bayliffes of Town presented him with 70 Teeme of horse , all traced to faire new Ploughs● at which the K. wondring , they said , it was their ancient custome so to do , when any K. of England passed thorough their Town , and by which as being the K. tenants they held their Land. At Royston he lodged that night at M. Chesters house , at his own charge , which he had not done before , since his comming into Eng. The ●0 of Aprill he rode to Stand●● , a house of S. Thomas Sadlers , where he stayd Sunday , and heard the Bish. of London preach . The 2 of May he removed to Brosbourne , a house of S● Henry Cocks , cofferer to the late Q. and now to the K. where ●●t him the L. Keeper , the L● Treasurer , the L. Admirall & divers other Lords : The 3 of May he came to Theobalds , a house of Sir Robert Cecils ; when all the Lords of th● late Queenes most honorable Privy Counsell ; presented themselves , and th●r● the Lord Keeper made a grave Oration . At this house , the fourth of 〈◊〉 , the King made diverse Noblemen of Scotland , of his Privy Counsell here in England ; namely the Duke of L●n●x , the Earle of Marre , the Lord 〈◊〉 , Sir ●●●rg● 〈◊〉 , Treasurer of Scotland , S. Iames Elphingston his Secretary and the Lord of Kinlosse made afterward Mr. of the Rolles . Saterday the se●●●th of May , he rode towards London , where by the way , the Sheriffe Swyn●er●●● and the Aldermen met him ; and by their Oratour Mr. Richard Martin ; made him an eloquent Oration ; and then he rode on to the Charter-house nee●e Smithfield , a house belonging to the Lord Thomas Howard , where he stayed foure dayes : and at his departing from thence made the Lord Zouche● and the Lord Burgley , of his privie Counsell . But wee must here omit , that from the Kings first setting forth of Scotland● as hee was in all places received with most Royall entertainment and rich presents ; so he againe carryed himselfe most affable , and distributed his favours in most plentious manner : in some places , discharging all prisoners , but such as lay for Treason or murther : but specially in conferring the order of Knighthood , of which sort the first he made , was Mr. Iohn Peyton , son to Sir Iohn Peyton , Leiutenant of the Tower. After him divers Scots in sundry places at Theobalds , eight and twenty ; ( of which number the compiler of this worke , though the unworthiest was one ; ) at Charter-house above fourescore : and not many dayes after , no fewer than at least a hundred , and before the yeare went about , God knowes how many hundreds ; that one would wonder what the King would doe with so many Milites , having no warre to●ard . But it wa● indeed fit to give a vent to the passage of Honour , which during Queene Elizabeths Raigne had been so stopped , that scarce any County of England had Knights enow in it to make a Iury. Before we goe further , it will not be amisse , to shew what great men attended King Iames out of Scotland ; as namely the Duke of Lenox , the Earle of Marre , the Lord Hame and many other great Lords : and many other whom he afterward made great Lords , as bring in his speciall favour ; first Sir George Hame , made afterward Earle of Dunbarre : then Sir Thomas Erskin , made Earle of Kelly ; then Sir Iohn Ramsey made Earle of Holdernesse ; ( which two last had the fortune to come first in to his rescue against the Gowries ) then Sir Iames Hay , made afterward Earle of Carlile ; and then Sir Richard Preston made Earle of Kildare in Ireland ; but whose great fortune by marrying the Heire of that Earledome , was afteward the occasion of his great misfortune ; for comming out of Ireland he was unfortunately cast away and drowned . But though King Iames was now safely come himselfe to London ; yet he accounted himselfe but halfe come , untill his Queene and children were come to him ; and therefore there are now appointed to goe to conduct them , of Lords , and Earle of S●ssex , the Earle of Lincolne , the Lord Compton , the Lord Norris , and Sir George Carow Knight , Lord President of Munster : of Ladies the Countesse of Worcester , the Countesse of Kildare , the Lady Anne Herberts daughter to Henry Earle of Pembrooke ; the Lords Scroopes Lady , the Lady Rich wife to the Lord Rich , and the Lady Walsingham , one of the late Queenes bedchamber : But although these only were appointed to goe , yet many other Lords and great Ladies went of themselves to attend her Majesty , as the Countesse of Bedford , the Lady Hastings , the Lady Cecill , the Lady Hatton , the Lady Harington , and divers other : and with this Princely attendance , the Queene with two of her children , namely Prince Henry of the age of nine yeares , and the Lady Elizabeth on the eleventh of Iune came to Yorke : where resting themselves some few dayes , on the seven and twentieth of Iune they came to Easton in Northamptonshire , a house of Sir George Fermors , where the King met them at dinner : and afterward they rode together to a house of Sir Iohn Fortescue , and so to London . The Kings younger sonne , Charles Duke of Albany came not at this time , as being not three yeeres old , and therefore not thought able to endure such a journey , but the yeare following falling sick of a feavor , Doctor Atkins one of the Kings Physitions was sent to conduct him , who in six weekes cured him of his feavour ; and the first weeke of October brought him safe to Windsor , where the King then lay ; for which service he was so well rewarded , that together with the gayn●s of his usuall practice● hee grew to a greater wealth then was usuall for Physitions . King Iames had distributed the meaner Order of Knightho●d very plentifully ; now he thinks fit to raise his distributions to a higher degree , and therupon on the twentieth of May , he made Sir Robert Cecil Baron of Esindon ; Sir Robert Sidney Baron of Penshurst ; Sir William Knowles Baron of Greyes ; and Sir Edward Wooten Baron of Morley : and not long after hee made the Lord Henry Howard Earle of North-Hampton ; and Thomas Sackvile Lord Buckhurst , he made Earle of Dorset . The King had by this time found the love and affection of his own people ; but the affection of neighbouring Princes towards him stood yet in suspence , when now to take away that doubt came first in the beginning of Iune , an Embassador from the Palsgrave of Rhyne ; presently after another from the States of Holland and Zeland ; another from the Arch-Duke of Austria ; another from the King of Spaine ; from the Seignory of Venice another ; another from the Duke of Florence ; and lastly on the eight of Iune , Mon●ieur de Rhosny from the King of France : all congratulating his happy comming to the Crowne of England , for entertainment of which Embassadors , and all other that should come after ; the King had erected an Office by the name of Master of the Ceremonies , allowing him two hundred pounds a yeer Fee , and the first that had the place was Sir Lewis Lewkenor : a Gentleman , who besides other good parts was very skilfull in the neighbouring languages . Vpon the seventeenth of May this yeere , were made fourteene Serjeants at Law : whereof eleven had received Writs the last yeare of Queene Elizabeth : namely , Thomas Coventry , Robert Haughton , Lawrence Tanfield , Iohn Crooke , Thomas Foster , Edward Philips , Thomas Harris , Iames Altham ; Henry Hubbard ; Augustine Nicholls ; and Robert Perker ; to whom the King added three new ; Iohn Sherley ; George Snygge ; and Richard Hutton , who all kept their Feast together in the Middle Temple Hall One would thinke that by this time , all Offences against Queene Elizabeth had been forgotten : but King Iames more tender of wrongs done to her than to himselfe , would not suffer Valentine Thomas so to escape ; who after he had lyen many yeeres prisoner in the Tower , was on the fourth of ●une arraigned at the Kings Bench-Barre ; and for conspiracy against the late Queene and some of her Counsell , was on the seventh of Iune after six a clock at night , drawne to S●● Thomas Waterings , and there hanged and quartered . About this time the Honourable Charles Lord Montj●y , returned out of Ireland ; bringing alone with him Hugh O Neale , Earle of Teroen ; at whose comming to the King , the Lord Montjoy was sworne of the Kings Privie Counsell , and the Earle of Teroen who had beene the cause of so much English bloud shed , was yet pardoned ; and Proclamation made , that by all men he should be used with respect and honour . All this while the King had moved within his own Spheare , and had done nothing out of the Realme ; his first Imployment abroad was now in Iune , to his brother the King of Denmark , to whom he sent in Embassage the Earle of Rutland upon two occasions : the one to be Godfather to his sonne , who was named Christianus , the other to present him with the Order of the Gar●er , upon the like imployment ; soone after , he sent the Lord Spen●er to Frederick Duke of Wirtenberg ; which Lords , saw the said Princes Invested with the Garter , and after honourable entertainment returned home . It was now a time that every man might sit under his Vine : and enjoy the happinesse of a peaceable Government : when suddenly like a storme in a faire Somers day , brake forth a Treason of a strange Composition : for where in all Treasōs commonly they are all of some one Faction in this , there were people of all sorts ; Priests and Laymen , Papists and Protestants , Noblement , Knights and Gen●lement ; that one would think it should be a well mannaged Treason , and yet was the shallowest that was ever set on foot ; so shallow , that it could scarce be observed , either what the Authors of it ayled , or what it was they would h●ve done . Indeed the great favour which King Iames at his first comming to the Crown , shewed to the Earle of South-Hampton , was like to breed no good blood in those that were his oposites ; and it was said ( how true I know not ) that as the King had sent to enlarge the Earle of South-Hampton , and apointed him to meet him upon the way : So when he heard of an Intention that the Lord Cobham and Sir Walter Ralegh had to meet him ; he sent them word they should spare their labour . But why there it were so or no , it seemes they found some ●ause of discontentment , and discontentment will never want Complyces ; and by this meanes was the composition of this T●eason made up , and thereupon were apprehended Henry Lord Cobham , and George Brook his brother , Thomas Lord Grey of Wilton , Sir Walter Ralegh , Sir Griffith Markham , and Sir Edward Parham Knights , Bartholmew Brookesby and Anthony Copley Gentlemen , William Watson and William Clerke Priests : But though they were apprehended in Iuly , yet they come not to their arraignment till November following ; for by reason of the sicknesse , which was then hot in London , the Terme was put off till Crastino Martini , and then to be kept at Winchester in Hamp-shire , only the Courts of the Exchecker , Wards , Liveries and the Dutchy of Lancaster were kept in the Kings Mannour at Richmond in the County of Surrey ; and so in the fourth of November following , all the foresaid Delinquents were removed from the Tower of London and other Prisons , by strong Guards to Winchester , and there arraigned ; whose Indictment was for Conspiring , 1 To kill the King. 2 To raise Rebellion . 3 To alter Religion . 4 To subvert the State. 5 To procure Invasion by Strangers . Concerning the first Point , it was proved , that the Lord Grey intended to obtaine the levying of two thousand men , for defence of the Low-Countreyes , and with them to seize u●on the King and Prince , and take the Lords of the Counsaile in their chambers . For the other Points , It was proved , that the Lord Cobham and Sir Walter Ralegh , met at S , Martins in the Fields ; and there consulted about raising Sedition , mooving Rebellion , altering Religion , subverting the State , and to set up the Lady Arbella . And particularly for the Point of subverting the State : It was proved , that Watson was designed to be Lord Chancellor , George Brooke Lord Treasurer , Sir Griffin Markham Secretary , and the Lord Grey to be Master of the Horse , and Earle Marshall of England , and for effecting of these Treasons , It was proved that Waston the Priest had devised Oaths in writing , by which all parties were bound to keep them secret . And for the last point , It was proved , that Sir Walter Ralegh was appointed to treate with Count Aramberg for six hundred thousand C●owns , and the Lord Cobham to go to the Arch-Duke and to the King of Spaine , to perswade them to assist the Lady Arbella . These things being proved against them , on the dayes in which they were severally Indicted , the most which was replied in mitigation of their fault , was first by Waston , who affirmed it could not be Treason , because the King was not yet Crowned ; and then by the Lord Grey , that it was but a verbal matter and never took effect , and therfore could be no Treason , but these assertions being both refuted ; they were al ( except Sir Edw● Parham , who only was acquitted ) on their severall dayes of inditement , found guilty of Treason ; and had Iudgement accordingly . The Priests Watson and Clerk were executde at Winchester , the nine and twentieth of November : George Brooke was beheaded the fift of Decemb. but then the hand of Iustice stayed● and this was the course which the K. held in shewing mercy . After the death of the three before named he signed three other warrants for the execution of the late L. Cobham , the Lord Gr●y ; and Sir Griffin Mark●h●m , on a certain day then following ; but before that day came he privately framed another warrant , written with his own hand to the Sheriffe ; ( who was then Sir Benjamin Tichburne , ) by which he countermanded the former Warrants : and that there might be no notice taken of it : he sent it by Mr. Iohn Gybbe : a Scotch-man : and one utterly unknown to all the company , appointing him to deliver it so , that it might not take effect , til after their severall confessions , and at the very point of their Execution , which was accordingly performed : At which time it was a wonderfull thing to see how the Delinquents falling on their knees , lamented their misdoings , and most of all how they extolled the Kings unspeakable mercy . But though thus pardoned : yet were they carryed back to the Tower , where the L : Grey not long after dyed , and in him was extinct that Barony , which had formerly bro●ght forth many valourous & worthy men . Sir Griffin Markhā after some time was set at liberty & passed beyond sea , wher he lived long after in meane account . The Lord Cobham likewise was afterward discharged of imprisonment , but deprived of his Estate , lived divers years after in great pennury ; and in him ended that noble Family , which had flourished in great honor many Ages . Sir Walter Ralegh was kept in the Tower , where to his great honour he spent his time in writing , and had bin a happy man if he had never beene released . But such is our state , that no mans fortune is understood , whether it be good or bad , untill it be discovered by the Event . But in this meane time many things had passed● for his Majesty having deferred the Feast of St. George untill his being at some of his owne houses : held now the said Feast at Windsor , the second of Iuly where the Prince was installed Knight of the Garter ; as also the Duke of Lenox , the Earle of South-Hampton , the Earle of M●rre , and the Earle of Pembrooke ; and at the same time were elected the King of Denmark , and the Duke of Wirtenberg : though their investing have been spoken off before . And now was preparation made for the Kings Coronation , and for a preparative unto it , h● first restored the Earle of South-Hampton , and then raised in honor these following : Sir Thomas Eger●on Lord Chancellour● he made Baron of Elsemere ; Sir William Russell , Baron of Thorn●ugh ; Sir Henry Grey Baron of Grobye ; Sir Iohn Peter Baron of Writtle ; Sir Iohn Harington , Baron of Exton ; Sir Henry Denvers , Baron of Da●sey ; Sir Thomas Gerard Baron of Gerads Bromely in the County of Stafford ; and Sir Robert Spenser , Baron of Wormeleyton . After this he conferred inferiour Orders ; and made Knights , all the Iudges and Serjeants at Law , all Civilians and Clerkes of the Signet : all his Gentlemen Vshers and divers other : and lastly made Knights of the Bathe threescore and two , most of them Noble mens sons , and the rest Gentlemen of speciall worth . These things done , on the five and twentieth of Iuly being St. Iames day ; the King and Queen were together crowned , and anoynted at Westminster by the hands of Iohn Whitegift Arch-Bishop of Canterbury , in presence of the Nobility and other , namely Sir Robert Lee Lord Major of London , in a gow●e of Crymson Velvet , his brethren the Aldermen in gownes of Scarlet , and twelve principall Citizens admitted to attend on them : all other Citizens stayed from passing thither , either by water or by Land , by reson of the sicknesse ; and the first of A●gust following , all suitors were by Proclamation forbidden to repay●e to the Count till the winter following . At this time the King forgot no● a deliverance he had formerly had , which though it were had in Scotland , yet he would have notice of it taken in England , which was his deliverance from the conspiracy of the Go●ries , on the fift day of August three ye●●es before , and thereupon Friday being the fift of August was by commandement appo●●●ed to be kept Holy day with Morning Prayer , Sermons , and Evening Prayer th●t day , and Bonfires ●t night which was then ; and after during his life solemnely o●●erved . King Ia●●● had in hi● a● it were two Persons ; one as he was King of Scotland ; and in this he was in perfect amity with ●he King of Spain● , another as he was King o● England , and in this he had some difference with Spaine ; but he , as Rex pacific●● , ●●oke the best from both , and was altogether for the Olive branch , and thereupon when at his comming into England , he found letters of Mart granted against Spaniards : he first caused them all to be called in , and then cons●nted to a Treaty of per●it reconcilment : In which Treaty handled at London , the 18 o● August 16●4 : The Commissioners for the King of England were Thomas Earle of Dorset , Charles Earle of Nottingham , Charles Earle of Devonshire , Henry Earle of North-Hampton and Robert Viscount Cranbourne : For the King of Spaine , Iohn de Velasco Constable of Castile , Iohn de Tassis Earle of Villa Media●a , and Alexander Robidius Professor of the Law in the Colledge of Millaine : For the Archdukes , Charles Count of Aramberg , Iohn Richardo● President of the Privy Counsaile , and Lodowick Verreikin principall Secretary : by whom a Peace being concluded and contained in many Articles . The Somer following , the King of Spaine sent Don Iohn de Velesco Constable of Castile and Duke of Fryas , also Pedraca de la Syerra , his great Chamberlaine : accompagnied with diverse Marquises , Earles and Barons , who comming into England , were by the Earle of Devonshire on the nineteenth of August brought to the Court , where the King in his Chappell in the presence of the ●ommissioners and other English Lords , ( the Duke of Fryas holding the Kings hands between his ) tooke his Oath upon the holy Bible , religiously to obserue and keep all the Articles of the Peace and League agreed upon , and in March following , being now the third yeare of King Iames , Charles Earle of Nottingham , Lord high Admirall of England was sent into Spaine to take in like manner the King of Spaine's Oath : who accompanied with three Barons , and many Knights , Gentlemen and other , to the number of six hundred and fifty , the fifteenth of Aprill arrived at Groyne , from whence he was conducted to Valledolid , three hundred miles off , where the King of Spaine then kept his Court , enterteined in all places as he passed , at the King of Spaine's charge , with so great provisions and such demonstration of love and gladnesse : that it plainly shewed the Spaniards were as glad of our friendship as we of theirs . The Lord Embassadour being come to Court : He caused Thomas Knoll Esquire , to deliver the presents sent from the King of England , which were siz goodly Horses , with saddles and saddle cloaths very richly imbrodered , whereof three for the King , and three for the Queen : two crossebows with sheafes of arrows● foure fowling pieces , inlaid with plates of Gold : and a couple of Lyme hownds , of singular qualities : which the King and Queen in very kind manner accepted , and then on the thirtyth of May , the Lord Embassadour being sent for , the King came forth into a large room : where having a little Table set before him , and a Bible very reverently laid upon it , together with a Crucifix : The Archbishop of Toledo read the Oath , at the reading whereof , the Lord Embassadour held the Kings hands between his and the King kneeling down , layd his hands upon the Book , and after his Oath , subscribed to the Articles formerly concluded . Whilst the E. of Nothingham was thus imployed in Spaine , the right honorable Edward Earle of Hartford , was likewise sent Emb●ssador to Albertus and Isabella , Archdukes of Austria , to take their Oaths , for confirmation of the said Articles of Peace , which were taken at Bruxell the first of May with great State and solemnity : After which , as the Earle bestowed on the Archduks servants , to the full summe of three thousand pouns ; So the Archduke at his departy , bestowed upon the Earle , a Iewell worth nine hundred pounds , and a suite of Arms worth three hundred , and bore his charges all the time of his stay at Bruxels . And now was King Iames , truly Rex Pacificus , Peece and amity with all Princes of Christendome , which few of his Auncestors ever were A little before this , in the Month of August , in the yeare 1604 , the strong Town of Ostend in Flanders , after above three years siege , and the slaughter of a hundred and twenty thousand men of both sides , and in defense whereof , Sir Francis Vere Generall , and his brother Sir Horatio Vere had shewed great Valour , was by the Marquis Spinola taken ; for which Service , the King of Spaine made him Duke of Santa Severina , and Lord Generall of all his Forces in the Low-Countryes . It was now the third yeare of King Iames his Reigne , when he kept Saint Georges Feast at Grenwich , and there made two new Knights of the Garter ; namely , the High and Mighty Prince Duke Ulrick , heire of Norway , and brother to our gracious Queen Anne : and the right Noble Lord Henry Howard , Earle of North-Hampton . And upon the Saturday following , in the Hall at Grenwich , being richly hanged with Arras , he created three Earles , one Viscount and foure Barons : namely , Sir Robert Cecil Viscount Cranbourne , he created Earle of Salisbury : Thomas Cecil , Lord Burley his eldest brother , he created Earle of Exceter , and Sir Philipe Herbert , yonger brother to the Earle of Pembrooke , he created Earle of Montgomery : then Robert Sidney Baron of Penshurst , Lord Chamberlaine to the Queen , he created Viscount Lisle : Sir Iohn Stanhope , Vicechamberlaine to the King , he made Lord Stanhope of Harington : Sir George Carew Vicechamberlaine to the Queen , he made Lord Carew of Clopton● Master Thomas Arundell of Devonshire , he made Lord Arundell of Wardez : and Master William Cavendish , he made Lord Cavendish of Hardwick . About this time a strange fancy possessed the braines of a professed Physition , one Richard Haidock of new Colledge in Oxford , who pretended to preach at night in his sleep , in such sort , that though he were called aloud or stirred and pull'd by the hands or feet , yet would make no shew of either hearing or feeling : And this he did often , in the presence of many honorable persons , that came to heare him ; so as within a short time , his fame was spread thorough the land , by the name of the sleeping Preacher . At length the King commanded him to be brought to the Court , where his Majesty sate up the most part of a night to attend the event : when at last , Haidock making a shew to bee a sleepe , began to Pray ; then taking a Text , made his Division ; applying it to his purpose , for in his Preaching his use was to Inveight against the Pope , against the Crosse in Baptism and against the last Canons of the Church of England ; and having ended his Sermon seemed to continue sleeping . His Majesty having well observed the manner of his cariage ; after a few days , called the said Haidock before him , and in Conference with him ( as he had indeed an admirable sagacity in discovering of Fictions ) made him confesse , that all he did was but imposture : and thereupon to fall upon his knees , and aske forgivenesse , which the King granted , upon condition , that in all places he should openly acknowledge his offence ; because many were brought into beliefe , that his nightly preaching was either by inspiration or by vision . We may not here think it unworthy the relating , seeing King Iames thought it not unworthy the seeing , thereby to observe the nature of the Lyon , and made a solemne matter of it : for on Munday the 3 of Iune ( taking with him the Duke of Lenox , and diverse Earles and Lords ) he went to the Lyons Tower and caused two Lyons a male and a female , to bee put forth , and then a live Cock to bee cast before them● which they ( as being their naturall ennemy ) presently killed and sucked his bloud . Then a live Lambe to bee put downe to them , which the generous Lyons ( as having respect to its Innocency ) never offered to touch , though the Lamb was so bold to go close unto them . Then the King caused those Lyons to be taken away and another Lyon to be put forth , and two Mastifs to be put into him , who presently flew upon the Lyon and turned him upon his back , and though the Lyon were superior to them in strength , yet it seemes they were his matches in courage and so much superior , as that they were the first assailants , with whom otherwise , perhaps the Lyon would not have offered to meddle . On Friday the 4 of Ianuary in the Kings second yeare , Charles Duke of Albany the Kings second son being then but 4 yeares old , was created Duke of Yorke ; ●hich , because it was done with extraordinary solemnity , is not unworthy to ha●e the manner of it , here related . First were appointed Knights of the Bathe , the Duke of Albany himselfe , then the Lord Willowby , the Lord Chandois , the Lord C●mpton , the Lord Norris , William Cecill , sonne and heire to the Viscount Cranbourne , Allan Percy , brother to the E. of Northumberland , Thomas Somerset second son to the Earle of Worcester , Francis Manners brother to the Earle of Rutl●●d ; Thomas Howard second son to the Earle of Suffolk , and Iohn Harington son and heire to the Lord Harington , the Earles of Oxford and Essex were Esquires to the Duke of Albany ; all the Knights tooke their lodging that night in the first Gate-house going to Kings street ; where they supped , and had Bathes provided for them . The next morning being Saturday , they went out into the Parke in their Hermits weeds , the Minstrels playing and the Heraulds going before them into the Court , and so into the Chappel , where every Knight with his Squires went to the Altar , and there offered ( the Deane of the Chappell , in a rich Cope , holding the Bason . After this they went up into their lodgings , and ●here new attired themselves in robes of Crimsin Taffaty , with hats and white feathers , and so went back to the great Chamber : where by the King they were girded with the sword , and had gilt spurs put upon them . This done , they were solemnly served at dinner , and after went again to the Chappell , and there offered their swords . The next day being Sunday and Twelfe day in robes of purple Sattin● with Doctors hoods on their shoulders and hats with white feathers , they issued out of the Revestry , with the Duke of Albany ( being then to be made Duke of York ) into the Hall , where the King sate under the cloath of Estate , and then the Heraulds going before , the Knights of the Bath followed , and then the Earle of Suffolk , Lord Chamberlain came alone , then followed Henry Howard Earle of North-Hampton and Charles Blunt Earle of Devonshire , carrying the robes of Estate , for the Duke of York , after whom Wriothsley Earle of South-Hampton carried the Coronet , George Clifford Earle of Cumberland , the Golden Rod , the Earle of Worcester the Cappe of Estate , and the Earle of Nottingham bore the Duke of Albany in his Armes , supported by the Earles of Dorset and Northumberland , who all comming in this order before the King ; the Duke of Albany was after the Patent read Created Duke of York , with the Robes and Coronet put on him and the Golden Rod , delivered into his hand : all which performed , they went to dinner , and the solemnity ended . About this time on the fifteenth of Iune , Thomas Dowglas a Scotch-man , was committed to the Tower and had Irons put upon him , being sent hither , but three dayes before , from the Count Palatine of the Rhyne . His offence was , that he had counterfetted the Kings Privy Seale to divers Princes of Germany ; One to the Archbishop of Cullen , another to the Archbishop of Tryer , another to the Duke of Cleve , another to the Archbishop of Moguntia , and a fifth to the Count Palatine of the Rhyne● whereof being examined and convicted ; he was drawn on a hurdle into Smithfield , and there hanged and quartered : And now was a second Parliament appointed to be held at Westminster , on the nineteenth of March following , when foure dayes before the day of sitting ; The King , the Queen and Prince rode solemnly in great state thorough the City of London , where in diverse places were erected Pageants : Presents given , Orations made and all demonstrations of love and observance ; and then the Parliament beginning , the King made a long and loving Speech to the House , wherein he signified the ●auses of his calling it ; but in the time , when it should have proceeded , there was suddenly discovered a Plot of Treason ( ●o damnable and foule , that posteri●y will hardly thinke it true , when they shall heare it ) the ●●ot was , to blow up with Gun-powder , both Houses of Parliament at a time , wh●n the King , Prince and all the Nobility should be sitting in the upper House , and all the Knights and Burgesses in the Lower . The principall contriver of this Plot was Robert Catesbie , a Gentleman of great account in Northampton-shire , descended from that Catesby who had been a speciall Counseller of King Richard the third , to whose family the Divine Providence had now ordained to give a disastrous period . This Catesby not able to performe the worke himselfe alone , drawes in many to assist him , as namely , Thomas Percie , Thomas Winter , Iohn Grant , Ambrose Rookwood , Iohn Wright , Francis Tresham , Guido Fawkes , and at last Sir Edward Digby , all earnest Papists , and all bound by Oath , and by receiving the Sacrament to be secret ; For effecting of this plot , they hired a house close adjoyning to the Upper house of Parliament , where they were to dig thorow a Wall , for the fit placing of their Powder . About Candlemasse they had wrought the Wall halfe thorow : when suddainly they heard a noyse in the next room which made them feare they had beene discovered : but sending Guy Fawkes ( who went now under the name of Iohn Iohnson , as Master Percies man ) to see what the matter was , he brought word , that it was a Cellar where Sea-Coles had beene layd , and were now a selling , and the roome offered to bee let for a yearely rent . This roome therefore as most fit for their purpose , being right under the Parliament House , Master Percie presently went and hired , laying into it twenty barrells of powder , which they covered with Billets and Faggots , for being discovered . Thus the first part of the plot was put in a good readinesse . It now remained to consider what was to be done , when the blow should be given : for though the King and Prince might be slain , yet the Duke of York , and the Lady Elizabeth should still be safe , and so they should bee no nearer their end than now they were . This work therefore for surprizing the D. of Yorke , Percie undertook , and for surprizing the Lady Elizabeth , they agreed upon a match of hu●ting neare to Dunchurch , under colour whereof they would draw company together , and surprize her at the Lord Haringtons house in Warwick-shire , where she then lay , and then proclaime her Queen , and so be sure to have all things done , as they would themselves . Thus farre their bloudy plot went fairely on , and had perhaps gone on so still , if they had continued onely bloudy ; but now a tendernesse of heart tooke some of them , lest their friends should perish together with the rest , and this tendernesse overthrowes them ; for to prevent such promiscuous slaughter , a Letter was framed , and sent to the Lord Mounteagle , sonne and heire to the Lord Morley , brought him by one of his Foot-men , which hee received from an unknowne man in the street . The Letter was this . My Lord , out of the Love I beare to some of your friends , I have a care of your preservation ; therefore I would wish you , as you tender your life , to forbeare your attendance at this Parliament ; for God and man have concurred to punish the wickednesse of this time : And thinke not slightly of this Advertisement : for though there bee no appe●r●ce of any stirre ; yet I say , they shall receive a terrible blow this Parliament , and yet shall not see who hurts them . This Councell is not to be contemned , because it may doe you good , and can doe you no harme ; for the danger is past , as soone as you have burnt this Letter ; and I hope you will make good use of it . My Lord having read the Letter , though much perplexed , yet went presently to the Court at White-hall● ( the King being then a hunting at Royston ) a●d delivered it to the Earle of Salis●●●ie , principall Secretary of State , and the Earle having read it , acquainted first the Lord Chamberlaine with it , and then the Lord Admirall , the Earle of W●rcester and Northampton , who as soon ●s the King was returned from Hunting● acquainted him with it : the Earle of 〈◊〉 telling hi● , th●● he thought it must be written either by a foole , or by a mad 〈◊〉 , because of those words , for the d●●ger is past as soone as you ●ave 〈◊〉 thi● Letter ) ●or i● the da●g●r-w●re so so●ne past , what needed 〈◊〉 warni●g● But th● 〈◊〉 considering it more deeply , apprehended presently some violent 〈◊〉 ; and th●t it must be some suddaine danger 〈◊〉 blowing up with powder ; and thereupon commanded , than diligent search 〈◊〉 be made in the Parliament house , and all other roomes and lodgings 〈◊〉 adjoyning● which search was made by the Lord Chamberlaine , accom●●ny●● with the Lord Mount●●gle , who entring the Cellar under the upper 〈◊〉 ● found there great store of Faggots and Billets ; which was answered to 〈…〉 Mr. P●rcie's owne provision ; but then ( it being considered why such sto●e 〈◊〉 be laid in for Mr. Percie , who used to make but little stay in Towne● and ●hereu●on more diligent search being made , there was found under the Billets one of the Barrells of powder ; and after that all the rest , being six and thirty ; ●og●ther with other instruments fit for their purpose , and then spying the 〈◊〉 F●wkes to stand suspitiously , they apprehended him , and found in his pocket a peece of Touch-wood ; a Tynder boxe to light the Touch-wood , and a Watch , which Mr. Percie had bought the day before , to trie the short and long burning of the Touch-wood , which he had prepared to give fire to the traine of powder . The plot being thus discovered , yet the most of the confederates met at Dunchurch , as they had agreed ; where they divulged many detestable untruths against the King and State : signifying withall , that they were there met for advancement of the Catholike cause ; hoping thereby to have drawne many to joyne with them in their Rebellion : but this availed them no●●ing : for first Sir Richard Verney high Sheriffe of Warwick-shire chased them from thence ; and then Sir Richard Welsh , Sheriff of Worcestershire , knowing them to be entred into Master Littleton's house at Walbach , beset them round , where Cate●●i● and Percie issuing forth , were both slaine with one shot of a Musquet ; and after them , both the Wrights , Iohn and Christopher were likewise slaine outright ; Thomas Winter was taken alive ; all which time , Francis Tresham remained still about the Court , offering his service for their suppression : but being suspected , was examined , and sent to the Tower , where he confest all , and within a few dayes after dyed of the Strangu●ie . On the seven and twentieth of Ianuarie following , a Commission was directed to divers Lords and Iudges of both Benches , for tryall of the rest of the Confederates : namely , of Thomas Winter , Guydo Fawkes , Robert Keyes , Thomas Bates , Robert Wint●r , late of Hoodington in Warwick-shire Esquire , Iohn Graunt , late of Yorthbrook , in the Countie of Warwick Esquire , Ambrose Rookwood , late of Staningfield in Suffolk Esquire , Sir Edward Digby , late of Gotthurst , in Buckingham-shire , Knight , who were all condemned , and had judgement to dye , and on the thursday following Sir Edward Digbie , Robert Winter , Graunt and Bates , were accordingly drawn , hanged and quartered , at the west end of Pauls Church in London , and on the friday , the other foure ; namely , Thomas Winter , Keyes , Rookwood , and Fawks were executed in the Parliament yard at Westminster . Of all whom , none was so much lamented as Sir Edward Digbie , and indeed worthily ; for he was a goodly personage , and of excellent parts , and had it seemes beene cunningly drawne in , and bound to secresie by Oath , when he little thought of any such treason . The seventh of November the Earle Northumberland , upon suspition of being acquainted with the plots , was first commanded to keep his house , and after a while committed to the Tower. And thus was this great plot discovered , and the Plotters punished , to the great rejoycing of all people : insomuch , that even the King of Spain's and Arch-dukes Embassadors made Bonfires , and threw money amougst the people in token of joy . And at this time , on the fourth of Ianuarie , the Spanish Embassador delivered a Present to the King from the King his Master : namely six Iennets of Andalusia , with saddles very richly imbroydered , and saddle-cloathes of cloth of Tissue : One of which Iennets was snoe white , and had a Maine which reached to the ground . But this was a Present sent before any knowledge had of the Powder Treason : but as soone as that was knowne , there was presently another Present sent from the Queen of Spain to the Queen of England● of purpose to congratulate the Kings happy delive●ance from the intended Powder Treason ; and the Present was brought by D●● Io●n de Mendosa , which was a Roave of Murrie Sattin , imbroydered all over with Amber leather ; and upon the leather , in every s●ame and skirt twice imbroydered about with gold ; the fore-part whereof was set with eight and forty tagges three inches long of beaten gold , hollow within , and filled with Amber-greece ; also two large Chaines of Amber-greece● Two Carkanets of Amber-greece , a velvet Cappe with gold Buttons , curiously enammeled , and a girdle suteable to the Bu●tons ; all which were presented together in a large vessell of gold , in forme of a ●ason , so as it seemes there was none rejoyced more for the overthrow of this plot for the Catholike cause , than the Catholike King himselfe . And now King Iames , not to be unmindfull to the Lord Monteagle , for being the meanes of discovering this treason , he gave unto him in Fee Farme of Crowne land 200 l. a yeare to him and his heires , and 500. l. a yeare besides , during his life : and not to be unthankfull to God for the deliverance , he caused the fifth of November , being the day of the discovery , to be kept holy , whith Prayers and Thanksgiving to God , which was then solemnly performed , and hath beene since , and is likely for ever to be continued . But in the midst of this great joy , there was suddenly spread a rumour of greater sorrow , for on Saturday the two and twentieth of March , newes was brought to the Court for certaine , that the King was slaine at Oking , twentie miles from London , stabbed with an invenomed knife ; whereupon the Court gates were presently shut , and double guard set in all places about London , and all mens mindes were infinitely distracted ; but within two houres all these clouds were cleane dispersed , and the Sun began to shine out againe ; and it was certainly knowne , that the King was safe , and in perfect health : for which a Proclamation was presently set forth to signifie it to the people ; and that afternoone the King came himselfe to White-hall , where thousands of people , ravished with joy , came flocking to see him ; and so generall was the rejoycing , that the Spanish Embassador , gave Sir Lewis Lewk●●r , Mr. of the Ceremonies , a chaine of gold of good value for bringing him the newes : Though afterward it was thought by some , that this rumour was but politickly devised to make the Parliament and people more tender of the Kings safety , and by making them more sensible what a treasure they had of his life , to make them more willing to part with their treasure for his living , as indeed this Parliament they did , giving more Subsidies then are usuall . The eight and twentieth of March following , Henry Garvet Provinciall of the English Iesuites , was arraigned in Guild-hall , for concealing the foresaid treason , where he had Iudgement to be hang'd , drawne , and quartered , and accordingly on the third of May , was drawne from the Tower to the west end of Pauls Church , and there executed . At his death , he confessed his fault , asked forgivenesse , and exhorted all Catholikes never to attempt any treason against the King or State ; as a course which God would never prosper . On Tuesday the twentieth of May , were enstalled at Windsor Knights of the Garter , Robert Cecill , Earle of Salisburie , and Thomas Howard Viscount Byndon ; both of them honourably attended , but the Earle of Salisburie beyond ordinary proportion . There was yet a Fag end of the late powder treason behind to be examined : whereupon two Barons of the Realms ; namely , Henrie Lord Mordant , and Edw. Lord Sturton , were brought from the Tower , to the Star-Chamber : and there , not charged indeed with any poynt of the treason , but onely reflectingly , because they neglected to appeare at the Parliament , according to their summons , for which neglect onely , without any further charge , they were fined to pay to the King , the Lord Mordant ten thousand Marks , and the Lord Sturton six thousand , and to be prisoners during the Kings pleasure . But on the 27. of Iune H●●rie Earle of North●mberla●d was likewise brought from the Tower to the 〈◊〉 Chamber , and more directly charged with circumstances concerning the 〈◊〉 , specially in regard of Thomas Percie , whom hee had admitted to bee 〈◊〉 of the Kings Gentlemen Pentioners , without ministring unto him the Oath o● Supremacy● knowing him to be a Recusant ; for which , and some misprisions , he was fined to pay to the King thirty thousand pounds , to forfit all his Offi●●● , and to be kept prisoner during the Kings pleasure , as indeed hee continued m●ny yeares , and at last released , was yet confined . It was now the 4. yeare of King Iames his Reigne , and was a time of Princely ●i●itation ; for this Summer , the 17. of Iuly , Christianus King of Denmarke , brother to the Queen , having beene long expected , with eight ships came into the River of Thames , and Anchored before Graves-end ; to whom the next day , King Iames , with Prince Henrie , and divers of his Lords went by Barge , and conducted him to London , where he stayed till the twelfth of August following : in which time , he was entertained with all the magnificence that could be de●vised ; the King and he riding in great state thorow the City ; where Pageants in many places were erected ; and a●ter he had beene shewed the chiefe places about London● as namely , the old Exchange , the Tower , the Monuments at Westminster , and had gone up to the top of Pauls , had beene feasted by the King , by the Earle of Salisburie foure dayes together at Theobalds , had seene Tilting , Fencing , wrastling , and many other pastimes , on the twelfth of August , conducted by the King , the Queen , and Prince , with many other great Lords , he departed to his ships , and in eight dayes arrived at home : A hapy thing when Princes can converse together like private persons , and are not kept asunder with jealousies of State. After the King of Denmarks departure , on the 23. of September , arrived at London Francis Prince of Vaudemount , third sonne to the Duke of Lorraine , accompanyed with seven Earles , ten Barons , forty Gentlemen of quality , and six-score common persons ; who all the five and twentieth of September went by Coach to the King at Hampton Court , where foureteen dayes together they were feasted and royally entertained , and then returned . But these Festivalls were follwed with a little disturbance ; for in May , the yeare after , great Assemblies were gathered together in Northampton-shire , Warwickshire , and Leicester-shire , throwing downe Inclosures , at first , without any particular head : but at last rose up a base fellow , called Iohn Reynolds , whom they named Captaine Pouch , because he had a great leather Pouch hanging by his side , who affirmed to the Company , that in that Pouch he had sufficient to defend them against all cummers : but when hee was afterward apprehended , and his Pouch searched , there was nothing found in it but a piece of green Cheese . Proclamation was made , commanding them to surcease their disorder : But this prevailed nothing , till the King sent Henrie Earle of Huntington , Thomas Earle of Exceter , Edward Lord Zouch , and Sir Edward Co●ke Lord Chiefe Iustice of England to suppresse them by force of Armes , and to punish the Levellers according to the nature of their offences ; some by Death , as for Treason ; some by Fines , as for Routs : but Captaine Pouch was made exampler . On Friday , the twelfth of Iune , his Majesty attended with divers Lords , dyned with the Lord Major , Sir Iohn Wats , who after dinner presented him with a purse full of Gold , and humbly besought his Majestie , that he would be pleased to bee free of his Company , the Cloath-workers : To which , the KING graciously condiscended ; and thereupon called to Sir William Stone , Master of the Company , and said , Stone give me thy hand ; and now I am a Cloath-worker : And in token of my speciall favour to this fraternity , I doe here give to this Company a brace of Bucks yearely for ever , against the time of the Election of the Master and Wardens : at which time also many Lords and Gentlemen were made Free of the Cloath-workers . On Thursday the 16. of Iuly , the King and Prince with many Lords , dined at Merchant T●l●rs-Hall , where the Master and Warden of that Society , presented the King with a Purse of Gold , giving him humble thankes for gracing their Fraternity with his ●oyall presence● and therewithall shewed him a Roll , wherein were Registred the names of seven Kings , one Queene , 17 , Princes , and Dukes , two Dutchesses , one Archbishop ; one and thirty Eearles , threescore and six Barons , seven Abbots , seven Pryors , with a great number of Knights and Esquires , who had been free of that Company ; which His Majesty graciously accepted , but told them , that he himselfe was already free of another Company : but the Prince his son should be free of theirs , and that he would see the Garland put on his head : whereupon the Master presented the Prince also with a purse of Gold , which he graciously accepted , and said , that not only Himselfe would bee free of the Merchant Tailors● but the Lords also that were with him should do the like , all which was performed with great solemnity . The fourth of Iuly this yeare , Sir Thomas ●nevet was called by Writ to the Parliament by the name of Baron of Estrick , the next day Sir Iulius Caesar , Chancelor of the Exchecker was sworne a Privy Counsellor ; and the sixteenth of November fallowing Sir ●ervis Clyfton Knight , was called to the Parliament by Writ , by the name and title of Baron of Layton Brameswold , whose only daughter and heire , was soon after married , to Eysme Steward , Baron of Aubigny in France , sole brother of the Duke of L●nox ; whom he afterward succeeded in that Dignity . About this time , Hugh Earle of Tervon , most ungratefully and utterly forgetfull of the Kings great clemency to him , together with Te●rconell : Hugh Baron of Dungaunon , and divers other Irish Lords , fled into the parts beyond Sea , with a purpose to solicite forreign Princes against the King , and to offer the Kingdom of Ireland to the Pope , which was presently signified to the Realm by Proclamation . On the Eleventh of Aprill this year , George Iervis a Seminary Priest , and the three and twentieth of Iune● following : Thomas G●rnet a Iesuit , were both executed at Tybourn ; Thom●● Garnet having the favour offered him to be pardoned , if he would but take the Oath of Allegeance , which he refused . The nineteenth of Aprill at Whitehall , died Thomas Earle of Dorset Lord Treasurer , whose death ( because he dyed suddenly as he sate at the Counsell-Table ) was by some untowardly interpreted ; but being dead and his head opened , there were found in it certain little bags of water , which whither by the strayning of his study the night before , in which he sate up till eleven a clock , or otherwise by their own maturity , suddenly breaking and falling upon his braine , caused his suddain death . So certain it is that death comes not always by determinate steps ; but sometimes per saltum , and we all cary about us the causes of suddain death , though unsensible of them till we be unsensible . This Lord was of excellent parts , and in his place exceeding Industrious , and I have heard many Checker men say , there never was a better Treasurer , both for the Kings profit and the good of the subject . The twentith of May at Windsor , were made two Knights of the Ga●ter , George Earle of Dun●arre , and Philip Earle of Mo●●g●mery ; but the Earle of Dunbarra , within a yeare or two after left both his honor and his life ; but not his life without honour , having been a faithfull servant , and a wise Counsellor to the King , and was honorably Interred in the Church at Westminster . About this time were many famous English Pirates that stuck not some of them to turne Turks and lived in great state at Tunis , of whom the chiefe were W●rd , Bishop , Sir Francis Verney and Gl●●●●le , whom after many depredations and outragious acts at Sea , partly the King of Spaine suppressed , and partly the King of Eng. and 19 of their associ●tes being taken , were hanged a● Wapping . Also at this time , in the Strand on the North side of Durham house , where ●●ood an old long stable : Robert Earle of Salisbury now Lord Treasurer of Eng●●●d , caused to be erected a stately Building ; which upon Tuesday the tenth of Aprill , in the yeare 1609 , was begun to be richly furnished with wares ; and the next day after , the King , the Queene , and Prince , with many great Lords and Ladies came to see it : and then the King gave it the name of Britteines ●urse . On the eight of May this year , the King by Proclamation prohibited all forreine Nations , that after August they should not fish upon any of the Coasts of England , Scotland or Ireland , nor the Isles adjacent , without the speciall Licence from the Commissioners in that behalfe Ordained . At this time the making of Allum , which heretofore with great charges , had been fetched from forreigne parts , was by diverse that laboured in it , and now lastly by Sir Iohn Burchier , brought to perfection in England , and therupon the King prohibited upon paine of confiscation , any Allum to be brought from beyond the Seas , and took the whole traffick therof to himself . And now the King according to an ancient custome , had ayde of His Subjects thorough England : for making his eldest sonne Prince Henry Knight , which yet was Levied with great moderation , and the Prince to shew himselfe worthy of it : performed His first Feates of Armes at Barriers , with wonderfull skill and courage : being not yet full sixteene yeares of Age. It was now the eight yeere of King Iames His Reigne ; being the yeare 1610 , when Prince Henry being come to the age of seventeen yeares ; It was thought fit , He should be Initiated into Royalty : and thereupon the thirtieth of May this yeare , He was Created Prince of Wales in most solemne manner ; which was this ; Garter King at Armes , bore the Letters Patents , the Earle of Sussex the Robes of Purple Velvet , the Earle of Huntington the Traine , the Earle of Cumberland the Sword , the Earle of Rutland the Ring , the Earle of Darby the Rod , the Earle of Shrewsbury the Cape and Coronet , the Earle of Nottingham and North-Hampton supported the Prince : being in His Surcoate only and bare-headed : and in this manner being conducted to the King , attended on by the Knights of the Bathe , five and twenty in number , all great men , and great mens sons : The Earle of Salisbury principall Secretary , read the Letters Pattents : the Prince kneeling all the while before the King : and at the words accustomed , the King put on him , the Robe , the Sword , the Cape and the Coronet , the Rod and the Ring , and then kissed him on the cheeke , and so the solemnity ended . After this , it was thought fit , he should keep his Court by himselfe : and thereupon Sir Thomas Chaloner , a learned Gentleman , who had before been his Governour , was now made his Lord Chamberlaine , Sir Edw. Philips his Chancellor , and all other officers assigned him , belonging to a Princes Court : wherein he shewed himselfe so early ripe for Majesty , that he seemed to be a King , while he was yet but Prince : And all mens eyes began to fix upon him . King Iames had long since shut up the Gates of Ianus , and was in Peace with all Princes abroad ; his only care now was how to keep Peace at home ; and to this end , the three first dayes of Iune , in his own person he heard the differences between the Ecclesiasticall and the Temporall Iudges , argued touching Protections out of the Kings●Bench and Common-Pleas , to this end , the eight , ninth , & tenth of Iune , he heard the manifold complaints of the abuses of the Victualers , & other Officers of his Navy Royall ; to this end , the 4 of Iune , 1610 , he once again by Proclamation , commanded all Roman Priests , Seminaries and Iesuits , as being the chiefe Incendiaries of troubles , to depart this Kingdome by the 5 of Iuly next , and not to returne upon pain of severity of the Law : also all Recusants , to returne home to their Dwellings , and ●ot to ramaine in London , ●o● to come within ten miles of the Court , without speciall Licence ; a●●●r which Proclamation , the O●th of Allegeance was presently ministred to all sorts of people , and their names certified to the Lords of the Counsell , that ref●●ed to take it ; and this Hee the rather did out of consideration of the bloudy fact , committed lately by one Revill●ck , upon the person of the renowned K. of France , Henry the fourth , & whereas Queen Elizabeth in her 43 years had granted her Letters Pattents to continue for 15 years , to the East India Merchants , now upon their humble petition , the King was pleased to enlarge their Pate●●s , giving them a charter to continue for ever , enabling them thereby to be a body Corporate and Politick , which so encouraged the Merchants , that they built a ship of twelve hundred ●un , the greatest that was ever made in this Kingdome by Merchants ; which the King and Prince honored with going to Deptford to see it ; and then named it , The Trades encrease : and at this time gave to Sir Thomas Smith , ( Governour of that Company ) a faire chaine of Gold , with a Iewell , wherein was his Picture . But this great Ship having been in the Read Sea , and returning to Banthem , was there lost and most of her men cast away . But then the King himselfe builded the goodliest Ship of War , that was ever built in England , being of the burthen of 1400 tun , and carrying threescore and foure pieces of great Ordnance , which he gave to his son Prince Henry , who named it after his own dignity , The Prince . And now whereas a Parliament had been holden this year , and was Prorogued to a certain day ; the King perhaps , not finding it to comply with his designes , or for some other cause known to himself , on the last day of December , under the gr●●t S●ale of England , dissolved it . Before this time , one Sir Robert C●rre , a Gentleman of Scotland or of the bord●●● , being a hunting with the King , chanced with a fall off his horse to breake his leg ; upon which mischance , he was forced for some days to keep his bed , in which time the King was sometimes pleased to come and visit him : and then it was first perceived that the King had begun to cast an eye of favour upon him : and indeed ●ro● that time forward ( as he was a very fine Gentleman and very wise ) many great favours were heaped upon him : So as on Easter Munday , in the yeare 1611 , he was Created Viscount Rochester . On the two and twentieth of Aprill , 1612 , was swo●ne a privy Counsellor . On the fourth of November 1613 , was Created Earle of So●erset , and the tenth of Iuly following , made Lord Chamberlaine . B●● this Sun-shine of Fortune lasted not long ; yet not by any inconstancy in the King , but by the Earles own undeserving , which thus fell out : The Right Honourable Robert Earle of Essex , had before this time married the beautifull Lady Francis Howard , daughter of Thomas Earle of Suffolk , who upon ca●ses ●udicially heard , were afterward Divorced and left free to marry any other . Afte● which Divo●ce , this great favorite ( the Earle of Somerset ) takes her for wife ; th● King g●acing their marriage with all demonstrations of love and favour ; and the Lords gracing it with a stately Masque that night , and a few dayes after , the Bride and Bridegroom , accompanied with most of the Nobility of the Kingdome were ●easted at Merchant Taylors Hall , by the Lord Major and Aldermen . But see how soon this faire we●●her was overcast : For it hapned , that one Sir Th●mas ●●erb●ry , a very ingenious Gentleman , and the Earles speciall f●●●●d , who had written a witty Tre●tise of a Wife : and it seemes , not thinking th● Lady in all points answerable to his description , had been an earnest disswa●●● of the M●●●● , and to ●●rengthen his di●●wasion , layd perhaps some unjust 〈◊〉 up●● the Ladyes 〈◊〉 , which so incensed them both against him ; that 〈…〉 could not give them sati●●●ction , than to take away his life : So 〈…〉 saying : Improbe 〈…〉 r , quid non mortalia pectora cogis ? 〈◊〉 this , they finde pretences to have the said Sir Thomas committed to the ●●wer , and there by their Instruments effect their revenge : some say by a ●●●●oned Tansey sent him to eat , some by a poysoned Glyster ministred unto 〈◊〉 , but howsoever effected it was● for which Fact Sir Iervis Elvis then Lieu●●●●●● of the Tower , and three or fou●e other of inferiour condition were put to death , the Lady and Earle themselves were arraigned and condemned : but ●horough the Kings great clemency had their lives spared , but in such a sort spa●ed● as was to them no lesse grievous than death it s●lf , being never after suffered to see the Kings face , nor to come neere his Court. This Favorite being thus out of favour , there was place made for entertaining another ; for indeed King Iames was of so sociable and loving a nature , that he could not be long well without an Alter idem ; a bosome friend with whom to communicate his Internos sensus , and upon whose shoulders he might sometimes lay a burthen , which he was not willing to beate himselfe ; and this new friend was Mr. George Villers , a Gentleman of a good House , but a younger brother , but of so delicate a composure of body , and withall of so excellent pa●ts of mind , as if nature had framed him of purpose to be a Kings Favorite . And indeed never any man was partaker of the Royall Influence like to him , made first a Knight , and Gentleman of the Kings Bed-chamber , soone after made a Viscount and Master of the Horse ; a while after erected Earle of Buckingham , then Marquis of Buckingham , and made Lord Admirall : Lastly , made Duke of Buckingham , the greatest Title of Honour that a Subject is capable of● and yet his Title not greater than his Power : for all matters of Grace passed from the King by him , and to grace him the more , his Mother ( who after his Fathers death ) had marryed a younger sonne of the Lord Comptons , was created Countesse of Buckingham , his sister who had marryed a Gentleman of no ex●raordinary Family : had her husband made Earle of Denbigh , his two brothers were made , one of them Viscount Berbach ; the other Earle of Anglesey ; besides many other of his friends and kindred highly advanced ; For this Lord affected not an advancement that should bee only personall , but rather bee in common to all his Family , and was not of the disposition of some , who like to great Oakes , love to keep all that are neer them underwood ; though it be in truth both against Nature and Policy to stand alone , when they would be lesse subject to the violence of windes , if more stood together . And though never any man had juster cause to be envyed than hee , yet never any man was lesse envyed ; because though his Honours made him great , yet they made him not swell , but he retained the like temper of affable carriage after his advancement , as he had done before . But before all these favours were heaped upon him , many other great pas●ages had intervened ; for first , after the death of Thomas Earle of Dorset , Robert Earle of Salisbury had beene Lord Treasurer , and after him Thomas Earle of Suffolke . But this Lord , though of a most noble disposition : yet as having had his trayning up another way , seemed lesse ready in discharging the place , and whether for this , or for his Ladies taking too much upon her by his indulgence ; the staffe was soone after taken from him ; after whom there came in , such a sequence of Treasures as no Age before had ever seene● all wise and able men indeed ; but yet in whom the Office seemed an imployment , rather to ennoble the Officer than to enrich the King. For first Sir Henry Montague was taken from the Kings Bench : and on the fourth of December 1620. made Lord Treasurer , and presently upon it Earle of Manchester , and before the yeere went about put off . After whom Sir Lyonell Cranfield , from Master of the Wards was made Lord Treasurer , and shortly after , Earle of Middlesex : and then not only put off , but fined to pay the King fifty thousand pounds : After him Sir Iames Lee from chiefe Iustice of the Kings Bench was made Lord Treasurer , and soone after Earle of Marleborough ; and then having made a good returne of his Place , p●● i● off himselfe . After him Sir Richard W●ston , from Chancelour of the Ex●he●●●r was made Lord Treasurer , and soone after Earle of Portland : so as within the compasse of little more than foure yeares , foure Treasurer● in a row were made four● Earles ; enough to make a praescription for all Treasurers hereafter , to clayme a Right of being made Earles , which yet I speake not as derogating from those worthy men whose memories I reverence , but as observing , Fataq●e F●rtunasque Virum ; so rare as that there was never any President of the like . Also the five and twenteth of Iune , 1612. the Lord S●nquer a Nobleman of Scotland , having in a private revenge suborned Robert Carlile , to murther Iohn Tu●ner a Master of Fence , thought by his greatnesse to have borne it out ; but th● King respecting nothing so much as Iustice , would not suffer Nobility to be a shelter for villany , but according to the Law ; on the nine and twenteth of Iune ; the said Lord Sanquer having been arraigned and condemned by the name of Robert Cr●ight●● Esquire ; was before Westminster Hall gate executed , where he dyed very penitent . About this time , the King in speciall favour for the present Plantation of English Colonies in Virginia , granted a Lottery to be held at the West end of Pauls ; whereof one Thomas Sharplys a Taylour of London had the chiefe Prize , which was foure thousand Crownes in faire Plate . At this time also the Corps of Mary late Queene of Scotland , the Kings Mother was translated from Peterborough , to St. Peters Church in Westminster , and from thence was carryed to the Chappell Royall there ; where it was interred in a Royall Tombe , which the King had erected for her . About this time also Sir Robert Sherley , third sonne of Sir Thomas Sherley of Sussex Knight , who sixteene yeares past had betaken himselfe to travaile : and had served diverse Christian Princes for the space of five yeares ; but chiefly Rodolphus the Roman Emperour ; who for his service , made him an Earle of the Empire , hee afterward went into Persia , and served the Persian ten yeares , who made him Generall of the Artillery : and held him in so great account , that hee gave him the Lady Teresia in marriage , whose sister was one of the Queens of Persia , after which the Persian imployed him to sundry Princes of Europe ; and se●t him in speciall Embassage into England to King Iames , to whom he delivered his Letters , and shewed his Commission , all which signified the Persians great love and affection to his Majesty : with franke offer of free Commerce to all his Highnesse Subjects , thorough all the Persians Dominions : After a yeares stay here , in which time his Lady lay in of a sonne , to whom the Queene was God-Mother , and Prince Henry God-Father ; hee left the child here in England , and then with his Lady departed into Persia. It was now the yeare 1612. and the tenth of King Iames his Raigne , when the Illustrious Prince Frederick Count Palatine of the Rhyne ; with whom a Treaty of marriage had been before , with the Lady Elizabeth : on the sixteenth of October arrived at Gravesend ; to whom the Duke of Lenox and diverse other Lords were sent by the King , who conducted him to White-Hall , and from thence into the great B●●quetting-House , where the King , the Queene , Prince Henry , and the Lady Elizabeth entertained him in all kind manner , and after by Barge conducted him to Essex House , appointed for his lodging . It was many ye●res since any Kings Daughter had beene marryed in England ; which now happening , and to so Illustrious a Prince ; was just cause of Triumph and rejoyceing● but see the misery of Humane Affaires ; joy can no sooner be setting forth , but sorrow will be sure to follow her at the heeles , as now indeed it happened : for on the nine and twentieth of October , the Prince Palatine , with all the great Lords of the Kingdome in most joviall manner , dining at Guild-Hall : Prince H●●●● who wa● also invited and expected , could not come , being newly fallen exce●ding sick of a popular malignant feavour , which raigned that yeare in most parts of this Land : whereof on the sixth of November , between seven ●nd eight a Clock at night , at his Court of St. Iames he dyed . But hee being infinitly beloved of the people , and one that had given great hope of pro●ing an Heroick Prince . It caused suspition in many mens heads , that his death was not without violence offered to Nature ; some said , by bunches of Grapes given him to eate : some by gloves of a poysoned perfume , given him ●or a present : but these were but idle rumours and conceits : It seemes the Divine Providence had ordained it should be said of him ; Hanc tantum terris ●●●endent Fata nec ultra● esse sine●t : whose death would have given a great blow to the happinesse of this Kingdome , if there had not beene another Prince left of a milder spirit perha●s , but so accomplished with all excellent endowments , that there could be no great want of Prince Henrie , as long as there was left Prince Charles . The Corps of Prince Henrie , who dyed at the age of eighteene yeares , eight moneths , and seventeene dayes , was drawne in a Chariot to the Abbey Church at Westmin●ter , and there interred in the Chappell Royall● on the seventh of December following . This Accident something appealed the generall joy , but yet triumphs went on . Vpon Saint Thomas day , the Palsgrave and Grave Maurice were Elected Knight of the Garter ; and the seven and twentieth of December , the Palsgrave was betroathed to the Lady Elizabeth . On Sunday , the seventh of Februarie , the Palsgrave in person was enstalled Knight of the Garter at Wind●or , and at the same time was Grave Maurice enstalled by his Deputy , Count Lod●wick of Nassaw . On the fourteenth of Februarie , being Shrove-Sunday , and Saint Valentines day , this happy marriage of the Palsgrave with the Lady Elizabeth was solemnized in the Chappell at White-hall : The Bride was led to Church by two Batchellors , her brother Prince Charles , and the Earle of Northampton , Lord Privie Seale : she was attired all in white , having a rich Crowne of Gold upon her head , her haire hanging downe at length , curiously be●e● with Pearles and precious stones , her Train supported by twelve yong Ladies in white Garments : The King gave her in marriage , the Arch-Bishop of Canterburie married them , the Bishop of Bath and Wells preached the Bridall Sermon : which ended , the Bride was led home by two married men , the Duke of Lenox , and the Earle of N●ttingham , Lord Admirall . This marriage was solemnized the first night with a stately Masque of Lords and Ladies : the second night with a magnificent Masque of the Gentlemen of the middle Temple , and Lincolnes Inne : The third night with a sumptuous Masque of the Gentlemen of the Inner Temple , and Graees Inne , provided indeed then , but was not performed till the satturday night following , by reason the concourse of people was so great , it would have hindred the Show . After this , the Lord Major and Aldermen gave the Bride a Chain of Orientall Pearle , valued at two thousand pounds : and now when all things had beene done for honouring their marriage , which either love and observance could device , or Art and Magnificence could performe : On the tenth of April , the Bride-groome with his Bride tooke leave of the King and Queene at Rochester , ( who had by Barge conducted them thither ) and there taking Ship : On the nine and twentieth of April they arrived at Fl●shing ; from whence the Duke of Lenox , the Earle of Arundell , the Viscount Lisle , and the Lord Harington , waited upon them to their chiefe City of Heydelburgh ; in all places as they passed , being received with all State and magnificence : but then on the foureteenth of Iune , the English Lords returning home , the Lord Harington dyed by the way at Wormes , whose Corps was brought over , and bu●ied in England And here it will not be amisse , to shew of what extent and largenesse the Palsgrave's Countrie is● because of the iniquity of some that seeke to disgrace it . It is in length about two hundred English miles , taking the lower and upper Countrie . In the lower hee hath six and twenty walled Townes , besides an infinite number of faire Villages , and two and twenty houses of residence . In the uper , not so many walled Townes , and houses , but those that are generally fairer than in the lower , especially Amberg , and New-market . But it is now time to looke home ; in the yeare 1609. the King having care for the quietnesse of Ireland , had granted to the City of London the present possession and Plantation in the Province of Ulster : whereupon afterward in the yeare 1612. they sent thither about three hundred persons , of all sorts of handy-crafts men , chiefely to inhabite the two Cities of London-Derrie and Coleraigne : where they ordained Alderman Cockaine for their first Governour . And for the advancing of this , or the like Plantation in Ireland , King Iames about this time began a new Order of Knights , which are called Barone●s , because they take place next to Barons younger sonnes● and hee appoynted certaine Lawes , to make them capable that should be admitted . First that they should maintaine the number of thirty foot souldiers in Ireland , for three yeares , after the rate of eight pence a day , and to pay the wages of one whole yeare , upon the passing of their Patent : Then that they should bee Gentlemen of Bloud of three Descents ; and lastly , should have land of Inheritance , in possession or immediate Reversion , to the value of a thousand pounds per annum : And to keep the Order from swarming , he stinted it within the number of onely 200. and as the issue should faile , the Order to cease . But he that will look , how wel the end of the Institution , and the Laws of it have bin observed shall perhaps find it to be here , as it was in the Order of St. Michael in France , into which at first● there were none admitted , but Princes and Emminent persons : but afterward , all sorts of men , without any difference , were admitted , that it came almost to bee doubted , whether the Dignity of the Order did more grace the persons , or the meanesse of the persons disgrace the Order : and indeed , when the Lawes of an Institution are not in some measure observed , it seemes to make a kind of nullity in the collation . About this time , on Sunday the ●4 . of October , an exemplar pennance was imposed upon Sir Peck●all Br●●kas Knight , which was to stand at Pauls Crosse in a white sheet , holding a stick in his hand , having been formerly convicted before the high Commissioners , for many notorious Adulteries with divers women . This yeare 1614. in the month of Iuly , Christianus King of Denmark , ( out of his love to his sister , and King Iames ) came the second time into England ; but as being now secure of himselfe , privately , and with a small company , so as he came to the Queen at Somerset house unexpected , and before any knowledge was had of his comming ; but K. Iames being then in progresse in Bedford-shire , and hearing of it , came presently back , and after he had entertained him here , with Hunting , Hawking , running at Ring , Bear-baiting , Plays , Fire-works● and Fencing , on the first of August Prince Charles brought him aboard his Ship , who then took his leave , and returned home . In Octob. this yeare was a call of Sarjeants at Law , being 11. in number , namely , George Wild , Wil Towes , Rich● Bawtrie , Henry Finch , Th●● Chamberlain , Francis Mo●r● , Thomas Attow , Iohn Mo●re , Francis Harvie , Charles Chibbourn , and Tho. Richardson ; and in Trenity Terme before there had two other been called , namely , Sir Randal Cre● of Lincol●s Inne , and Sir Robert Hitcham of Grayes Inne , Knights . About this time an Embassador came from the young Emperour of Russia to King Iames , desiring his continuall love and amity , and to be a means of making attoneme●● , between him and the K. of Swethland , and withall presented him with a rich present of Furs : which was no smal honour to the K. of great Britain to have so great a Potentate as the Emperor of Russia a solicit him to be his mediator . Though King Iames out of all naturall goodnesse was addicted to peace , yet out of providence he neglected not to be prepared for war , and thereupon in the yeare 1610. had granted priviledges to a society called of the Millitarie Garden ; and this year 1614 , caused a Muster of men to be presented before him , which was performed to his great liking , and to the great commendation of the City . About this time a memorable Act was performed by M. Hug. Middleton , Citizen and Gold-smith of London , and borne in Den●igh-shire , who having an Act of Parliament for his Warrant , with infinite cost and indefatigable labour , brought water to the City of London , from the two great springs of Chadwell and Amwell in Hartfort-shire , having cut a Channell from thence to a place neere Islington , whither he conveyed it , to a large Pan , and from thence in pipes of young Elmes to all places of the City : for as the Poeth saith : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Nothing is so commodious for the life of man , as water . Another memorable Act was about this time done on the North side on Lon. called Moore-fields , which being before invironed with deep stinking ditches and noysome common showers , was now , not only made faire & sweet , but so levelled into walkes and let with trees , that it is the pleasantest place of all the City . The next yeare being 1615 , another memorable Act , for the benefit and beauty of the City of London , was performed ; for Smith-field , which was before a rude dirty place , was now paved all over , and strong railes sequestring the middle part of it , were set up , to make it a faire walking place , and fit for Market or any other use . The Lady Arbella a neare kinsewoman of the Kings , had sometime before , without the Kings privity , secretly married Master William Seymour , younger son of the Earle of Hartford , now Earle of Hartford himselfe ; for which they were both committed to the Tower : and now this yeare , on the seven and twentieth day of Sep. she ended her lif there , and was buried in the Chappell Royall at Westminster . This yeare also in Iuly , were Enstalled Knights of the Garter , Francis Earle of Rutland , Sir George Villers Master of the Horse , and Sir Robert Sidney Viscount Lis●● : and in another kind of Honour , the Earle of Arundell , the Lord Carews , and Doctor Andrews Bishop of Ely , were sworne Privie Counsellours . Wales by the death of Prince Henry , had been a good while without a Prince , and now to supply that place , Prince Charles is Created Prince of Wales : In Ioy whereof , the Town of Ludlow in Shropshire , and the City of London , performed great Triumphs : and the more to honour his Creation : There were made five and twenty Knights of the Bathe ; all them Lords or Barons sons , and yet more to honour it , there were forty selected Gentlemen of the Innes of Court , that performed a solemne Iusts at Barries , with great magnificence . This yeare was a Censure of divers great Delinquents , for first Sir Edward Cook● , was upon displeasure discharged from being Lord Chiefe Justice of the Kings Bench ; and two dayes after his discharge , Sir Henry Montag●e the Kings Sergeant at Law , was placed in his room : Next to him the Lord Egerton , whyther disabled by sicknesse or age , to exercise the place , or upon displeasure also , had the Sele taken from him , which was delivered to Sir Francis Bacon the King's Attourney , he made first Lord Keeper ; and the Lord Egerton dying soon after , Lord Chancellour . Not long after him Sir Henry Yelverton the Kings Attourney , for adding new priviledges to the Londo●ers Charter , without the Kings privity , was in displeasure put from his place ; and in his room was placed Sir Thomas Coventry , the Kings Sollicitor . But awhile after , Sir Henry ●elverton , was made a puny Iudge of the Common Pleas ; having indeed the reputation of an excellent Lawyer . And yet this work of Censuring stayed not here , for much about this time ; Thomas Earle of Suffolk Lord Treasurer of England , had the staffe of his Office taken from him ; which was soon after delivered to Sir Henry Montag●● Lord Chiefe Iustice of the Kings Be●ch . If Sir Iohn Benet , Iudge of the Prerogative Court , had made a little more haste , he mihght have made one in this number of Delinquents : but he came short three or foure yeares ; and then being charged by his own servant with brybery , he was put from his place and censured in the Starre-Chamber to pay twenty thousand pounds : and in his roome was placed Sir William Byrde a man of more integrity . Though King Iames upon the death of Queene Elizabeth , came to reside in England , yet ●e forgot not that Scotland was his native Countrey ; and therefore after he had spent some yeares in England , to acquaint himselfe with the State of the Kingdome . In March this yeare one thousand six hundred and sixteent● , he made a Iourney into Scotland : for though he had left very able men to sit at the Helme there in his absence : yet he knew , that as it is the Masters Eye , that makes the Horse fat : So it is the Prince's presence sometimes that keeps out many distempers in a State , that would otherwise creep in● and now , when in his staying six Months there , he had seen all things well setled , both in the Ecclesiasticall State and in the Temporall , and made it appeare , that he resided not in England out of any neglect of Scotland ; but to the end , he migt be in the place of most conveniency to both Kingdoms : on the fifteenth of September , he returned to London , not more to the griefe of the Scots to leave him , than to the joy of the English to receive him , so much was King Iames as a just and wise Prince , beloved of both the Nations . Now comes to be related a matter of speciall observation ; Sir Walter R●wlegh had lived a condemned man many yeares in the Tower , and now his Destiny brought him to his end ( by liberty ) which it could not do by imprisonment , for out of a longing for liberty ; he propounded a project to the King , upon which ( as he was a well spoken man and of a great capacity ) he set such coulours of probability ; especially guilding it over , with the Gold he would fetch from a Mine in Guyana ; and that without any wrong at all to the King of Spa●ne ( if he might be allowed to go the Iourney ) that the King , if he gave not credit that he could performe it , at least gave way that he should undertake it : and thereupon with diverse ships , accompanied with many Knights and Gentlemen of quality , he set forward on the Voyage ; but when after long search , or shew of search , no such place of Treasure or no such treasure could be found , whether it were , that he thought it a shame , to returne home , with doing nothing : or that his Malus Genius thrust him upon the Designe : He fell upon Saint Th●m● , a Towne belonging to the King of Spaine : sacked it , pillaged it , and burnt it : and here was the first part of his Tragicall Voyage acted , in the death of his eldest son : the last part was Acted in his own death at his returne . For Gundomore the Spanish Lieger , did so aggravate this fact of his to the King , against him ; that it seemed nothing would give satisfaction but Rawlegh's head , without which he doubted there would follow a breach of the League between the two Nations . Rawlegh excused it , by saying that he was urged to it by the Spaniards first assaulting of him ; and besides , that he could not come at the Myne , without winning this Town : but Gundomor was too strong an Adversary for him ; and the King preferring the publique Peace , before the life of one man , already condamned , gave way to have the Sentence of his former Condemnation executed upon him ; and thereupon , brought to the Kings Bench Ba●●e : he was not newly Arraigned or Indicted , as being already M●rtuus in Lege , but only hath the former Sentence averred against him , and so carryed to the Gate-house , and from thence the next morning to the Parliament Yard : a Scaffold was there erected , upon which after fourteen yeares reprivall , his head was cut off : at which time , such abundance of bloud issued from his v●i●es , that shewed he had stock of Nature enough left to have conti●ued him many yeares in life : ●hough now above threescore yeares old , if it had not been taken away by the hand of Violence . And this was the end of the great Sir Walter Rawlegh : great sometimes , in the ●●vour of Queene Elizabeth , and next to Drake the great scourge and hate of the Spaniard , who had many things to be commended in his life ; but none more , than his constancy at his death , which he tooke with so undaunted a resolution that he might perceive , he had a certaine expectation of a better life afte● it : so farre he was from holding those Atheisticall opinions ; an aspersion whereof some traducing persons had cast upon him . About this time King Iames made a progresse to the Vniversity of Cambridge , who delighted with the Disputations and other scholasticall exercises : he stayed three whole dayes , and could have been content to have stayed as many yeares : for next being a King , he was made to be a Scholler . In the yeare 1619. being the seventeenth yeere of King Iames his Raigne , that knot of love which above twenty yeares had beene tyed , betweene him and his Queene was by death dissolved ; for on Tuesday this yeere the second of March , Queen Anne dyed at Hampton Court , whose Corps was brought to Denmark house , and from thence conveighed to Westminster : wherein the Royall Chappell , with great solemnity it was interred : a Princesse very memorable for her vertue , and not a little for her Fortune , who besides being a Queene , was so happy as to be Mother , of such admired children , as she brought into the World. But the dissolving of this knot cast the King into an extreame sicknesse ; and after some recovery , into a Relaps : from which notwithstanding , it pleased God to deliver him , as having yet some great worke to doe . This yeare on Munday the third of May , one Mr. Williams a Barrister of the Middle Temple , was arraigned at the Kings Bench , for civilling , and for writing Bookes against the King : and upon Wednesday following was hanged and quartered at Charing Crosse. But an action of another nature was performed this yeare , the seventeenth of Iuly ; not unworthy the relating , which was this ; that one Bernard Calvert of Andover , rode from St. Georges Church in Southwarke to Dover , from thence passed by Barge to Calice in France , and from thence returned back to Saint Georges Church the same day , setting out about three a clock in the morning , and returned about eight a clock in the Evening , fresh and lusti● . In the yeare 1621. a Parliament was holden at Westminster ; wherein two great examples of Iustice were shewed ; which for future terrour are not unfit to bee here related : One upon Sir Gyles Montpesson , a Gentleman otherwayes of good parts ; but for practising sundry abuses in erecting and setting up new Innes and Alehouses , and e●acting great summes of money of people , by pretence of Letters Patents granted to him for that purpose , was sentenced to bee degraded ; and disabled to beare any office in the Common-wealth , though he avoyded the execution by flying the Land ; but upon Sir Erancis Michell , a Iustice of Peace of Middlesex , and one of his chiefe Agents , the sentence of Degradation was executed : and he made to ride with his face to the horse tayle , thorough the City of London . The other example was of Sir Francis Bacon , Viscount , St. Albans Lord Chancelour of England , who for bribery was put from his place , and committed to the Tower : but after some few dayes enlarged : in whose place Doctor Williams Deane of Westminster was made Lord Keeper . The Count Palatine , being now strengthned with the allyance of the King of Great Brittaine , was thought a fit man to be King of Bohemia , and accordingly was elected , by the States of that Kingdome , but he was no sooner invested in the Crowne ; but the Emperour with great Forces assaulted him in Prague , and not only drove him with his wife and children from thence ; but tooke from him also his owne Patrimony the Palatinate : so as though now a King he was fayne to flye to the States of the Low Countries for a place of residence , King Iames though he had never given his consent to the Palsegra●es taking upon him that Kingdome , as foreseeing in his great judgement what the event will bee : yet in this distresse , he could no● forbeare to take care of his daughter , and thereupon sent Sir Richard Wes●on the same that was after Lord Treasurer in Embassage to the Emperour to sollicite the restoring of the Palatinate to the Palsegrave ; but he returning without successe ; the King had then conference with Count Gund●mar the King of Spaines Ligier in England , what course might bee taken to procure the restoring it : who made him answere , there could be no better course than to make a marriage , betweene his sonne the Prince of Wales , and the Infant of Spaine which he said would easily be effected , if the Prince might have leave to make a Iourny into Spaine . King Iames though he considered the inveterate grudges betweene Spaine and England , and as dangerous it might be● to put the heire of the Kingdom into the Spaniards hands , yet grounding himself upon the saying : Fide lem si putaveris , facies : and drawne on by the insinuating speeches of Count Gundomar , not perhaps without some Indinction in the Marquis of Buckingham , was contented at last the Prince should goe . And so Prince Charles sending his ships about , and taking along with him only the Marquis of Buckingham ( who in the time of his being in Spaine was created Duke of Buckingham ) Endymion Porter , and Mr. Francis Cottington : ( two that were well acquainted with the Language and affaires of Spaine ) he tooke his Iourney by the way of France , went to Paris , and secretly in disguise to the Court there , where he had the sight of that Lady , that might well have stayed him from going further , but yet on he went. In the meane time Gundomar a cunning man , and one that besides his Masters had ends of his owne , and could play his Game no lesse for his owne profit than his Masters Honour ; as he had perswaded the King of the facility of the Match with Spayne , so he perswaded a certainty of it , especially amongst Catholick Ladies , by which meanes he brought no small store of Grists to his owne Mill , receiving from one Lady three hundred pounds to bee made Groome of the Stoole , when the Spanish Princesse should come ; of another a good round summe to be made Mother of the Maydes , and of diverse other the like for other places . But the Prince being arrived in Spayne , was received indeed with all the demonstrations of love and kindnesse that could be devised , so as the charge of his entertainment was said to stand the King of Spayne in nine and forty thousand Duckats ; but yet his acquaintance with the Lady was much restrained , for in all the time of his staying in Spayne , which was no lesse than eight moneths , being from February to October ) he saw her but very seldome , and that at good distances , never spake with her but twice , and that before company , besides that his speeches were limited , how much and what he should say , farre from any meanes of tying the knot betweene them which was pretended , what the cause should bee was much in obscurity ; some thought that a difference betweene the Duke of Buckingham , and the Count Olivares , the King of Spayne's great Favorite was a great hinderance of the proceeding : but other , and more likely that the Spanyard indeed never really intended the Match at all , but had drawne the Prince into Spayne for other Ends : but what those ends were , was no lesse uncertaine ; ( one thought it was done to hold the Prince in a treaty of marriage with a Daughter of Spayne , till the Daughters of France should bee bestowed , thereby to keepe him from that allyance , but others and more likely , that the King of Spayne entertayned this Treaty with the King of great Brittayne , meaning to spinne it out till he had compassed some designes in the Low-Countries , and the Palatinate , at least to make King Iames , most vigilant for those pa●ts . But when much time had beene spent in protracting , upon pretence of difficultities in obtaining the Popes dispensation , King Iames partly wearied with delay , but chiefely angred with delusion , sent to the Prince , with all speed to returne into England ; which the Prince presently signified to the King of Spaine , and had his leave to depart ; but upon promise to continue the treaty of the marriage still . Though it was said , the Prince was gone but a few dayes on his journey , when a Post was sent to have stayed him , if he had been overtaken . But whether it was so or no , it was Gods providence that he came safely to his ships , and in them safely into England ; arriving at Portsmouth , where he was beheld of the people , with no lesse gladnesse , than the Sunne after a long Eclipse : and now his safe returning did both justifie King Iames his judgement in suffering him to goe , and the King of Spaines justice , in suffering him to come back : and was cause , that the people began to have a better opinion of the Spanish faith , than they had before . But now it presently brake out , that this match with Spaine could never take effect : for King Iames having received Declarations of the Articles touching the marriage , found many very strict and large for exercise of the Catholike Religion : but none at all for restitution of the Palatinate ; which made him so much discontented , that he presently brake off all treaty of the marriage ; and signified as much , not onely to the King of Spaine , but to divers other Princes of Christendome : Vpon which breach , two great Points were presently had in consultation : One for preparing forces , for recovering the Palatinate by way of Armes , which could not be done by a way of friendship : and for this purpose , a Councell of warre was called , and a proposition resolved on both of men and money , for undertaking the enterprise : as also a great contribution by way of benevolence was collected ; towards which , the compiler of this worke , gave himselfe fifty pounds : as many other farre greater summes , though the collection went not thorow the whole Land● by reason there was hope given of a peaceable reconcilement : so as many that were not over-hasty in their payments escaped without contributing at all . The other point was for providing a fit wife for the Prince , in some other place . It was said , the States of Holland offered a very great portion in marriage to the Prince , if hee would match with some Lady of that Countrie : but matches are made in heaven , and there was a young Lady of France destined to his bed : and for this purpose , the Earle of Carlile , and the Earle of Holland were sent into France , to treat of a marriage with a younger daughter , of the Great Henrie the fourth , King of France deceased , and sister to the present King Lewis ; which marriage afterward took effect , but was not accomplished in King Iames his dayes ; who dyed soon after the agreement . It was now the yeare 1623. in which in Michaelmas Terme , there was a Call of fifteene Sarjeants at Law , who kept their Feast in the Middle-Temple Hall. Some Passages of small moment I confesse are omitted by me , in this Raigne of King Iames , as whereof , for want of knowing the particulars , I dare not venture upon making the Relation : which if some men would have done , the truth of our Chronicles should not have been mingled with so many falsities . Of his TAXATIONS . IN his second yeare , in the moneth of September , he sent Privie Seales , to the wealthiest Citizens of London , for monies to bee borrowed of them : and in October following , the customes of Merchandises , both outward and inward were raised , and then were letten out to Farme . In a Parliament holden at Westminster , the third yeare of his Reigne , there were given him three entire Subsidies , and six fifteens by the Temporalty , and by the Clergie foure entire Subsidies . This yeare also Henry Lord Mordant , convicted in the Star-Chamber , for divers misprisions , was fined to pay ten thousand Marks , and Edward Lord Sturt●n for the like offence to pay six thousand Marks , and Henry Earle of Northumberland for offences laid to his charge , to pay thirty thousand pounds , and some yeares after Sir Iohn Bennet , Iudge of the Prerogative Court was fined to pay twenty thousand pounds . In his fourth yeare he repayed threescore thousand pounds to the Citizens of London , which the Londoners had lent to Queen Elizabeth , three yeares before her death ; an act by which he got more love , than hee payed money . In his seventh yeare hee had ayd througho●t England , for making his eldest Son Prince Henrie Knight : which though levied with great moderation , brought him in great summes of money . In his eighteenth yea●e , in a Parliament holden at Westminster , the Temporalty gave him two Subsidies , and the Clergie three : and in another Parliament , in the yeare 1623. the Temporalty gave him three subsidies ; and three fifteens ; the Clergy foure Subsidies . Besides these Subsidies hee sent abro●d many great Privie Seales , and had also a benevolence throughout the Realme : not without some grudging , but without any just cause ; for it should have been remembred , that he took it not out of covetousnesse to gather wealth , but out of very necessity to supply wants : For by his imploying many Embassadours in Ordinary , many Extraordinarie , by his necessarie bounty to his followers , and by his charge of keeping severall Courts ; none of all which hee could avoyd : His expences were farre greater than any of his Predecessors had ever beene , Of his Lawes and Ordinances . THE day of his removing from Charter-house , at his first comming into England , he caused Proclamation to be made , that all Monopolies and Protections should cease ; as likewise all oppressions done by Salt-Peeter men , by Purveiers , and Carters . On the 26. of May following hee set forth a Proclamation , restraining all persons under great penalties from killing of Deere , or any kind of Fowle used for Hawking . The seventeenth of May , Proclamation was made against Robberies on the borders : and on the nineteenth of May , another for ●niting the people inhabiting about the borders of England and ●c●●land , to live in love ●nd qui●tnesse . In this first yeare , in a Parliament ●hen holden● it was Enacted , that neither Arch-bishop , nor Bishop , should Alienate , Grant , or Demise , or in any sort convey , no not to the King himselfe ●●y of the Honours , Lands , Tenements , or Hereditaments , being parcell of the possessions of his Arch-bi●●op , or Bishoprick : and if any were , it should be utterly voyd , and of no effect , notwithstanding any former Law , Act , or Ordinance to the contrarie . He then also , caused himself by Proclamation to be Enstyled King of Great Britaine , that the division of England and Scotland might be no more remembred . In his second yeare , by his Letters Patents he incorporated the Fel●-makers of London , by the name of Master , Wardens , and Communalty of the Art or Mysterie of the Felt-makers , granting them divers privileges and liberties , for their good government of their Corporation . In Novem. of his second yeare , were Proclaimed in London certaine new pieces of coyne , both of gold and silver , with the true valuation and weights of them , according to the Mint of both Nations , English and Scottish . In a Parliamen● holden the 3. year of his Reigne , the Oath of Allegiance was devised and ordained , and soon after min●●tred to all sorts of people . This yeere also hee m●de Proclamation to redresse the misimployment of L●●ds , or goods given to 〈◊〉 uses . Also this yeare , he set forth a Proclamation for beari●g of 〈◊〉 in S●ips to be in this manner , that from thenceforth all the Subjects of gre●● ●ritt●●●● should bea●e in their mayne top , the Red-Crosse , co●monly called the 〈◊〉 Ge●●ges Cr●sse , and the 〈◊〉 Crosse , commonly call●d St. Andre●●● Cr●sse joyn●d toge●her , and the Subjects of South-Brit●●●●● should ca●●y in their Foretop only the Red-●ro●se as they were wont ; and 〈◊〉 ●ubjects of North-Bri●●●ine only the White-Cro●se . In this ●ourth yeare on the 〈…〉 he set ●orth a Proclamation , commanding all Iesui●s , Semin●ry 〈…〉 to depa●● the Realme before the first of August following and 〈…〉 returne upon pa●ne of death , according to diverse Statutes in that 〈◊〉 ●rovided . In his second yeare he had set forth a Proclamation against 〈…〉 increase of new buildings , which being little regarded ; Now in his four●● y●●re he renewed the said Proclamation● adding withall that the 〈◊〉 and windowes of all new buildings should be either of Brick o● stone● 〈◊〉 ●●sobeying whereof , many were called in the Star-chamber , and there fined● 〈…〉 yeare , he gave order for planting of Mulberry Trees ; and breeding of 〈◊〉 wormes , that England might be a Country as well of silke as Cloath : In his ●●venth yeare , he instituted the Order of the Baronets , which hath much dege●●●ated ●ince his institution , and thereby having been devised for the benefit of 〈◊〉 , hath caused but little contentment unto England . This yeare also the ●ing himselfe in person came to the Star-chamber , where he had appointed the 〈◊〉 - men to meet● and there , for the better keeping of Coynes of Gold within 〈◊〉 Realme● he raised the prizes of them ; ordayning the price called the Vnity , which went before but for twenty shillings , to bee cur●ant now for tw● and twen●y , the double Crowne and all other peeces to encrease in the l●ke proportion . in his fifteenth year , he granted to the Apothecaries of London to be a Corporation for themselves , and their successours for ever ; and by Letters Pa●en●s made them a Body Politick and corporate . In his time by his appointment ● strict decree passed in the Star-chamber against Duells and single Comb●ts , and a strict Law was made in Parliament against stabbing with a dagger o● knife , making it to be wilfull Murther . Affayres of the Church in his time . THe King as a Religious Prince , desiring nothing so much as to settle Peace in the Church , and hearing of some dissensions of his Divines in points of Religion , in the very first yeare of his Raigne , appointed a Conference to bee holden before himselfe at Hamp●on Court , to which were called diverse Bishops , Deanes , and Doctors of one side , and of the other , foure eminent Divines ; namely , Doctor Reynolds , Doctor Sparkes , Mr. Knewstabbs , and Mr. Chadderton : who all meeting before the King the 14 day of Ianuary : the King first signified , the cause of his calling them together , and then told them he was there ready to heare , what they could object or say against the present Government of the Church , whereupon Doctor Reynolds being their Foreman , redu●ed all matters disliked , or questioned to these foure Heads . 1. First that the doctrine of the Church might be preserved in purity , acco●ding to Gods Word . 2. That good Pastours might be plan●ed in all Church●s to preach the same . 3. That the Church Government might be sincerely administred , according to the Word of God. 4. That the Book of Common Prayer might be fitted to more encrea●e of Piety . Out of these Heads , he drew and moved divers points : One that Confirmation might not be by Bishops only , but that every Pastour in his Parish might Confirme , but this was thought to trench too much upon the Iurisdiction of Bi●hop● , and to be a step to bring in a Presbiterian government , which the King much misliked , and the Bishop of Winchester challenged Dr. Reynolds with a●● his learning to shew , where ever he had read , that Confirmation was at a●● used in antient times , by any other than by Bishops . Another motion of Doc●o● Reynolds was ; That there might be a new Translation of the Bible beca●se the present from sevenscore to two hundred , so he increased their Pensions , from two shillings a day , for three moneths in the summer , to seven groats a day for six moneths in the summer . Then , where at his comming , he found but only foure Iudges in the Courts of Law at Westminster , hee added a fifth , with the like allowance as the former had ; besides many other Pensions of like nature . But the works of Piety done by others in his time , were very many : whereof we may justly set in the first place , the repairing of Pauls Church , begun in his time , though not finished till many yeares after ; a worke of as great cost and labour , as the first founding it : towards the furtherance whereof , though many well devoted persons contributed liberally : yet none was more industrious , than the learned Doctor Laud , first Bishop of London , and after Arch-bishop of Canterburie ; who also was a bountifull Benefactor to the Colledge of Saint Iohns in Oxford , where he had his Education . Next to him his Predecessor next before him , the worthy George Abbot , Arch-Bishop of Canterburie , founded a faire Almes-house at Croydon in Surrie : as likewise Robert the second Earle of Dorset , founded another in Sussex ; to the maintenance whereof , hee gave Lands to the value of three hundred pounds a yeare . But of all the Almes-houses that were ever founded in Christendome , there is none I thinke can parallell that of Thomas Sutton Esquire . This man borne at Snayth in Lincoln-shire , having alwayes lived a Batchelour , and by sundrie imployments , and parcimony , being growne to great wealth , bought of the right Honourable , Thomas Earle of Suffolk , his Mansion house , called the Charter-house , neare to Smithfield in London , and out of a pious mind converted it into an Almes-house , by the name of Suttons Hospitall , endousing the same with above three thousand pounds of yearely rent : wherein are maintained fourescore poore men , with convenient lodging , dyet , and allowance of money for apparell : also forty poore children with the like provision , and a Grammer Schoole , with a Master and Vsher to teach them : overall whom , hee ordained a learned man to bee Master of the houshold , and to be chosen by the Governours , whom he appoynted for the present , by the Authority of the Kings Letters Patents , to be George , Arch-Bishop of Canterburie , Thomas Lord Elsmore , Lord Chancellour , Robert Earle of Salisburie Lord Treasurer , Iohn Bishop of London , La●ncel●t Bishop of Ely , Sir Edward Cook , chiefe Iustice of the Common Pl●as , Sir Thomas Foster , a Iudge of the Common Pleas , Sir Henrie Hubbard the Kings Atturney generall , Doctor Overall Deane of Pauls , Doctor Mountaine Deane of W●stminster , Henrie Thursby Esquire , Master of the Chancerie , Richard Sutton Esquire , Auditor of the Imprests , Ieff●rie Nightingall Esquire , Iohn Low Gentleman , Thomas Browne Gentleman , and Master of the Houshold for the time being , to bee alwayes one : and as any of these six●eene Governours should dye , the Survivers to make present addition of others . Next to this , was a faire Colledge in Oxford founded by Nicholas Wil be Esquire , and called after his name . About this time also Edward Allin of Dulwich in Surrie , founded a faire Hospitall at Dulwich for six poore men , and six poor women , and for twelve poore children , from the age of foure or six yeares , to be there maintained and taught till the age of foureteen or sixteen , and to have a Schoolemaster with dyet , and a convenient stipend . This man may be an example , who having gotten his wealth by Stage-playing , converted it to this pious use● not without a kind of repu●ation to the Society of Players . In this Kings time also , William Cambden , King at Armes , founded an Historie Professor in Oxford , to which hee gave the Mannor of Bexley in Kent , which some yeares expired , will be worth foure hundred pounds a yeare . In his tenth yeare , Sir Baptist Hicks , one of the Iustices of Peace in Middlesex , who was after made Viscount C●●bden , built a faire Sessions house of Brick and Stone in St. Iohns street , which by the Iustices was called after his name , Hicks Hall , a great convenience for the Iustices ; who sate before in a common Inne , called the Castle . Hee also founded a faire Hospitall of Free stone at Cambden in Gloucester-shire , for six men and six wowomen , allowing each of them a yearely Gowne , and two shillings six pence a week , with two roomes and a garden . In this Kings time , George Patyn Citizen and Grocer of London , gave to good uses , three thousand an six hundred pounds , whereof twelve hundred pounds to the two Vniversities , nine hundred pounds for an Almes-house , and a certaine summe of money to buy two Bells , and make a Chime in Bow-Church . Also Thomas Teasdale of Glympton in the Countie of Oxford Gentleman , gave five thousand pounds to purchase lands , for perpetuall maintenance of seven fellowes , and Six Scholars , to be placed in Baylyoll Colledge in Oxford , and to be chosen thither from time to time , out of the Free-Schoole of Abbington in Berk-shire : to which Schoole he also gave lands for maintenance of an Vsher. In this Kings time also , Sir Mermaduke Darrell , being Lord of Fulmer , a Town in Buckingham shire , where was an old ruinous Church , standing a mile distant from the Towne , pulled downe that old Church , and at his owne charge builded a faire new one in the Towne , and furnished it with a Font , a Pulpit , and all Ornaments necessarie . Also Thomas Watson of Halstead , in the County of Kent , Esquire , new builded a faire Chappell , on the North side of the parish Church of Halstead , of Free-stone from the ground , and gave to the Church foure new Bells , and two Pulpits . In his time also Doctor Aylmer Bishop of London , and Elizabeth Countesse Doweger of Shrewesburie , gave certaine summes of money towards the better maintenance of Sermons hereafter at Pauls Crosse : As likewise Thomas Russell Draper gave ten pounds a yeare for ever , to be given to unbeneficed Ministers , that should preach there : and to the same use , George Bishop Stationer of London , gave ten pounds a yeare more . In this Kings time also , the Citizens of London new builded Algate , where pulling downe the old Gate , they found many ancient R●ma● Coynes . On the fi●●een●h of Iune , 1614. dyed Henrie Earle of Northampton , who built from the ground a house neare Charing-Crosse ; and dying , was buried in the an●ient Chapp●ll of Dov●r Castle , who in his life time founded three faire Hospit●lls , and endowed them with large maintenance for ever , one at Rysing in Norfolke for twelve poore women , and a Governesse , a second at Clun in Shr●p-shire , for twelve poore men and a Governour● The third at Greenwich in ●ent , for a Governour , and twenty poore Almes-men . In this Kings time also , Master Robert Dowes of London Merchant Tayler , give a competant maintenance for ever , unto Sepulchers parish , for the tolling of the great Bell , and for finding some Devine to come to the prison of New-ga●e , the mid-night before Execution , and there to ring a hand Bell , and put the prisoners in mind of their approaching death , with a Christian remembrance and exhortation ; and the next morning to toll the great Bell , from sixe a Clock till ten , and then to ring it out when the Execution should be past . He also established a free singing Schoole , in Christs Hospitall : for the better education of the poore children there● besides many other good deeds of Almes . About the same time , Robert Peake of London Gold-smith , gave to Sepulchers Church a Communion Table of two yards long , and three quarters and a halfe broad , richly guilded over , and at every corner imbost with pla●es of silver . In this Kings foureteenth yeare , William Iones of London Merchant , gave about eight thousand pounds to found a Free-Schoole in Wal●s , where he was born , with Almes-houses and Pensioner● in London : and a hundred pounds a yeare for ever to a learned Preacher in London : ord●yning all things to bee ordered by the Company of Haberdashers , whereof himselfe was free . This yeare also the old ruinous gate , called Aldersgat● was q●ite taken downe , and new builded from the foundation , to●wa●ds the b●●●●ing whereof , William Par●et , Merchant Taylor of London , gave a thousand pounds . In this Kings time also , was erected a building neare to Chels●y● with a purpose to be a Colledge for Devines to study the Controversies of Religion : but upon the second thoughts , the Cage indeed stands finished , but 〈◊〉 Birds have ever yet beene brought to sing in it ; and perhaps never will. If any other deeds of Almes , or publike benefit were done in this Kings time , as perhaps there were many , the Reader may be pleased both here and in other Kings Reignes● to adde them , as hee meets with them : for partly to this end , I have digested this Chronicle into such severall Heads and Chapters . Of Casualties happening in his time . IN his first yeare , on the seven and twentieth of April , thirteen persons were slaine , by mis-fortune with Gun-powder , at the Gun-powder Mill in ●●driffe , and much other hurt done in divers places . This yeare also , the plague in London was so great , that from the three and twentieth of December , 1602. to the two and twen●ieth of December following , there dyed in London , and the Liberties , eight and th●rty thousand , two hundred and foure and forty , whereof the Plague thirty thousand , five hundred threescore and eighteen of them in one week , three thousand fourescore and tenne , where the next yeare after , though the City were encreased with great number of strangers , yet there dyed that yeare of all diseases , within London and the Liberties , but onely foure thousand , two hundred threescore and three persons . In the second yeare of his raigne , a strange accident happened , to the terrour of all bloudy murtherers , which was this ; one Anne Waters enticed by a lover of hers , consented to have her husband strangled , and then buried him secretly under the dung-hill in a Cow-house ; whereupon the man being missing by his neighbours , and the wife making shew of wondring what was become of him : It pleased God , that one of the inhabitants of the Towne , dreamed one night , that his neighbour Waters was strangled , and buried under the dung-hill in a Cow-house ; and upon declaring his dreame , search being made by the Constable , the dead body was found , as he had dreamed : and thereupon the wife was apprehended , and upon examination , confessing the fact , was burned . And now what hope can murtherers have of being concealed , when they are subject to be discovered by any mans dreame . The nineteenth of Ianuarie in his third yeare , a great Porpus was taken at Westham ; in a small Creek , a mile and a halfe within the Land : and within few dayes after , a Whale came up within eight miles of London , whose body was seen divers times above water , and judged to exceed the length of the largest ship in the River : but when shee tasted the fresh water , and scented the Land , she returned into the Sea. In his fourth yeare , being the yeare 1607. a mighty west wind brought in the sea into the River of Severne , with such violence , that in some places of Somerset-shire and Glocester-shire , the waters in divers Towns and Villages , grew higher than the tops of their houses ; so as ( notwithstanding all courses that could be taken , there were drowned in Somerset-shire 80. Persons , and damages done to the value of twenty thousand pounds . At Coventrie also , the seventh of April so suddaine a flood came into the Suburbs and City , that in one houre it rose in some places above 3 yards in height , to the great damage and hurt of many , and that which is much strange , as it suddenly came , so it suddenly abated : so as in foure houres and a halfe , it both came and went away . In his 6. year , being 1608. a frost began in Decem. which continued till April following , with such violence that not onely the Thames was so frozen , that Carts loden were driven over as on dry land , but many fowles and Birds perished , as also much herbage in gardens , especially Artichoaks and Rosemarie were destroyed . This year also the 11. of April a Malt-house in the Town of St. Edmonds berry being by chance set on fire , continued burning till it had consumed 160. houses : but by the Kings bountifulnesse , ( giving 500. loads of timber ) and the City of Londons reliefe , the Towne was forthwith new builded , in a fairer manner than it was before . In the yeare 1613● on the seventeenth of April , in the parish of St●ndish in Lancashire , a mayden child was borne , having foure legges , foure armes , two bellies joyned to one back : one head with two faces , the one before , the other behind , like the picture of Ianus This year also on the 26. of Iune , in the parish of Christs-Church in Hampshire , on Iohn Hitchel a Carpenter , lying in bed with his wife & a yong child by them , was himself & the child both burned to death with a suddain lightning , no fire appearing outwardly upon him , and yet lay burning for the space of almost three dayes , till he was quite consumed to ashes . This yeare also on the seventh of August , the Towne of Dorchister was quite consumed with fire , begun on the house of a Tallow Chandler , destroying all the houses , except a few neare the Church , and all their wares and goods , to the value of two hundred thousand pounds , yet not any man or woman perished . About the same time also , the Play-house called the Globe upon the Banks side neare London , was quite consumed with fire , by discharging a Piece of Ordnance , and yet no man hurt : and about foure years after , a new built Play-house , neare Golding-lane , called the Fortune , was by negligence of a Candle , cleane burnt to the ground . In the year 1614. the Town of St●atford upon Avon , was burned : and left the water should be behind in doing of mischiefe , so great Iundations were at this time in Norfolke and Lincoln-shire , that the sea entred twelve miles into the land . In the yeare 1612 , on the 18. of Novemb. a Blazing star bgan to be seene in the South-east , about five a clock in the morning , the flame or streame whereof , enclined towards the west . This comet , in the opinion of D. B●mbridge , the great Mathematician of Oxford , was as far above the Moon , as the Moon is above the earth : what i● portended is onely known to God : but the sequell of it was , that infinite slaughters and devastations followed upon it , both in Germany and other Countries . In the year 1622 , on Friday the 24. of October , a Roman Catholike Priest preached in the after-noon , at Hunsdon house in the Black Friers in London , in an upper chamber where there were assembled above 300 men and women , when about the middle of the Sermon , a great part of the Floore brake , and fell down with such violence , that it brake down the next floor● under it : in the fall whereof , were slain the Preacher , and almost 100● of his Auditors , besides as many more hurt . In this Kings time course paper , commonly called white brown paper was first made in Engl. specially in Surry , & about Winsor . Of his Wife and Children . HE married Anne , the daughter of Frederick , the second King of Denmarke , whose marriage was there solemnized in the yeare 1589. By whom he had borne in Scotland , two Sons , Henrie who dyed before him , and Charles who succeeded him in the Crown ; and one daughter named Elizabeth , married to Frederick the fi●th of that name , Count Palatine of the Rheine , by whom she had many children , both Sons and Daughters . King Iames had also by his wife Queen Anne , two other daughters borne in England , the Lady Marie , and the Lady Sophia , who both dyed young● the Lady Marie at about three yeares old , the Lady Sophia the next day after she was borne , and were both of them buried with great solemnity , in the Chappell Royall at Westminster . Of his Personage and Conditions . HE was of stature somewhat higher than ordinary , of a wel compacted body , of an Ambourne haire , of a full and pleasing vi●age● in his latter dayes enclining to be fat and bu●ley● of bodily exercises , he tooke most delight in hunting● which yet ( some thought ) hee used rather as a retiring himselfe from the importunity of Sta●e affaires , than for any great pleasure hee took in it . It is said , he had such a fashion in riding , that it could not so properly bee said he rid , as that his horse carried him ; for hee made but little use of his Bridle , and would say , a horse never stumbled , but when hee was reined . Hee was of an admirable pregnancie of wit , and that pregnancy much improved by continuall study from his child-hood : by which , he had gotten such a promptnesse in expressing his mind , that his extemporall speeches were little inferiour to his premeditated writings . Many no doubt had read as much , and perhaps more than he ; but scarce ever any concocted his reading into judgement as he did : by which hee became so judicious , that though hee could not Prophesie , yet he could presage ; and his Conjectures were little lesse than Oracles . In all the Liberall Sciences , hee was ( we may say ) a Master of Arts : but in Divinity , a Doctor , as he made appeare in the Conference at Hampton Court , and is seene still by the learned Writings he hath le●t behind him . And as for that part of the Politicks , which concernes Monarchie , Regere Imperio populos , which himselfe used to call King Craft : in this he excelled . Hee knew how to take the inclinations of the people at their first bound , and never suffer them to rise higher , than hee could well reach them : nor to grow stronger , than he could either alter or divert them . He would be sure to keep his Subjects in a temper of contentment ; which if he could not doe by preventives , he would by lenitives . He was so wise , that hee could dissemble , without seeming a Dissembler : be free in opening his mind , and yet keep counsaile . He was as a provident Pilot , that in a calme would provide for a storme : and you should never finde him committing the fault of Non p●taram . He was both Marti & Mercurio ; but not tam morti quam Mercurio , as being of his temper who said , Cedant Arma Toga : and indeed , seeing peace is the end of both . It were not wisedome to seeke it by Armes , if it may be had by the Gowne , as it is in the Aphorisme , Consili● omnia experiri prius , quam Armis sapientem Decet . That which was bountie in him being a King , would have beene frugality , if he had beene a private person , there being of both , one radicall reason . Of all the Morrall vertues , he was eminent for chastity ; in which the Poet seemes to include all vertu● : where he saith ; Nulli fas casto sceleratum in sistere limen . By nulli casto , meaning no vertuous person ; it was a manifest argument of his , being an excellent Prince , that comming next to the admirable Queen Elizabeth , which was , in a manner to compare them together : yet there appeared no inequallity , that it might not untruely be said , King Iames was but the continuation of Queen Elizabeth , the same vertue , though different sexes : and now to expresse his Character in a word , which worthily might be matter for many volumes : He was to his wife a most loyall husband , to his children a most loving father , to his servants a most bountifull Master , to his Subjects a most just prince , to all Princes neare him a most peaceable neighbour ; that more justly it may be said of him , than of whom it was said ; Quaete tam laeta telerunt saecula ? a Prince af●e● Plato's owne heart , for his learning , and which is infinitly more worth , after Gods owne heart , for his Religiousnesse and Piety . O● his Death and buriall . OF his death , there were many scandalous rumours spread , and some were so impudent● as to write that he was poysoned , as the Duke of Richmond , and the Marquis Hambleton had been before : but King Iames being dead , and his body opened , there was found no signe at all of poyson , his inward parts being all sound , but that his Spleen was a little faulty , which might bee cause enough to cast him into an Ague : The Ordinary high way , especially in old bodies to a naturall death : Of this ague after a months anguishing , notwithstanding all the remedies that could be applyed , he departed this life a● Th●●balds , on the 27 of March , in the yeare 1625 , in the 59 yeare of his age● when he had Raigned two and twenty years compleat . His body for the greater Sta●e , was convayed by Torche light , from Theobalds to Denmark house ; who having tested from the 23 of Aprill , to the 7 of May : it was carryed to Westminster , and there interred in the Chappell Royall with great solemnity , but with greater lamentation : there being scarce any of the infinite multitude that was present , of whom it might not be said , Multa gemens , largoque humectat flumine Vultum . Of Men of note in his time . MIlitary Men of Note , in a time of Peace , as the whole Raigne of King Iames was , we have no reason to expect ; yet if we look amongst the Voluntaries that went to the Schoole of War in the Low-Countryes ; we shall find a payre of brothers , that may stand in comparison , with the greatest Souldiers in the most Martiall times , S. Francis Vere , who as another Hanniball , who with his own eye , could see more in the Martiall Discipline , than common men can do with two ; and Sir Horatio Vere ; who as another Philopaemen , contained in a very little body , a very great , both skill and courage . But for Men of Note in Learning : as being in the time of a most learned Prince , there was never greater store ; of whom these for example . In curiousnesse of Preaching , there was Doctor Andrewes Bishop of Winchester ; who hath left to posterity , a Century of such golden Sermons , that shews , he as well deserved the name of Chrysostome , as he that had it . In multiplicity of Reading , there was Doctor Reynolds of Corpus Christi Colledge in Oxford ; who seemed as it were , a living Library ; and one would have thaught his Memory to be a perfect Index of all the Books had ever beene written . In knowledge of Law there was Sir Edward Cook , Chiefe Iustice of the Kings Bench ; who hath written such excellent Commentaries of the Law , that he seemes as another Bartholus or Baldus amongst us . In Elegancy of writing , there was Sir Francis Bacon , Viscount Saint Albans ; who besides his profounder Books of Novum Organum , hath written the Reigne of K. Henry the 7 , in so sweet a style , that like Manna , it pleaseth the tast of all palats . In the skil of Antiquities , there was William Camden , King at Armes ; who hath set forth the Description of Brittaine , and the life of Q. Eliz. in so lively colours , that he seems to have brought Brittaine out of darknesse into light , and to keep Q. Eliz. alive after her death . And to speake it in a word , the Trojan Horse was not fuller of Heroick Grecians , than K. Iames His Raigne was full of men excellent in all kinds of Learning . And here I desire the Reader leave to remember two of my own old acquaintance , the one was Mr. Iohn Dunne , who leaving Oxford , lived at the I●n●● of Court , not dissolute , but very neat ; a great visiter of Ladies , a great frequen●er of Playes , a great writer of conceited Verses ; untill such time as King Iames taking notice of the pregnancy of his Wit , was a meanes that he betooke him to the study of Divinity● and thereupon proceeding Doctour , was made Deane of Paules ; and became so rare a Preacher , that he was not only commended , but even admired by all that heard him . The other was Sir Wootton● ( mine old acquaintance also , as having been fellow pupils , and chamber fellows in Oxford divers yeares together . ) This Gentlemen was imployed by K. Iames in Embassage ●o Venice ; and indeed the Kingdom afforded not a fitter man , for ma●ching the Capriciousnes of the Italian W●●s : a man of so able dexterity with his Pen , that he hath done himself much wrong● and the Kingdom more , in leaving no more of his Writings behind him . Of the English Plantation in the Indies , that w●re i● King IAMES his time . AN● now we are come to a time , wherein we may very neare say as much of King Iames , as was said of Agustus Caesar : Super & Garamantus & Indos profert Imperium . In this better , that where Augustus did it by the violent way of Armes , King Iames did it by the civill way of Plantations : for in his dayes began the great plantation of the English in the Indies ; and must be acknowledged the proper effect of his peaceable Government . The first Plantation of the English in the Indies , was that which is now called Virginia , in memorie of the Virgin Queen Elizabeth : but called before Wingandacoa . It was first discovered by Sir Walter Rawlegh , in the yeare 1584 ; to whom the first Letters Patents were granted for making a Plantation there : but yet no Colony was sent thither , till the yeare 1606. It is a Countrie in America , between the degrees of 34 , and 45 , of the North Latitude : but that part of it which is planted by the English , is under the Degrees of 37 , 38 , and 39. It is no Island , as many have imagined , but a part of the Continent adjoyning to Florida . The first and chiefe Towne made here by the English , is called Iames Towne , in honour of the Kings most Eexcellent Majesty . It is a Countrie abounding with all sorts of Fish and Fowle ; so fruitfull , that it yeelds thirtie and sometimes fortie Bushells of Corne upon an Acre : and that , ( which to us is more strange ) hath three harvests in a yeare , the Corne being sowed , ripe , and reaped , in little more than two moneths . Many● Plantations had beene attempted here before , but came to nothing : the first to any purpose was in the yeare 1607. under the conduct of Captaine Gosnoll , Iohn Smith , and Mr. Edw. Maria Winkfield , who carried a Colonie thither of a hundred persons ; but of these , many dying of sicknesse , or slaine by the Savages , a new supply came in the yeare 1608. of a hundred and twenty persons , under the Conduct of Captaine Nels●n . After which , was sent another supply of threescore and ten persons : and in the yeare 1609. a third supply came of five hundred persons , under a Patent granted to Sir Thomas West , Lord de la Ware , but conducted thither by Sir Thomas Gates , Gates , Sir George Sommers , and others . In the yeare 1611. was a fourth supply of three hundred men under the conduct of Sir Thomas Gates . In the yeare 2612. two other supplies were sent of forty men in each ; and now was the Lotterie spoken of before granted by the King , for further supplies of this Plantation . After this Master Samuel Argall being appoynted Governour in in the yeare 16●8 . the Lord De la Ware came thither with a supply of two hundred people ; but in his stay there , dyed . After this , in the yeare 1620. were sent thither eleven Ships , with twelve hundred and sixteene persons , and now they founded themselves into Corporations . In the yeare 1621. Sir Francis Wiat was sent thither Governour , with thirteene hundred men , women , and children , and now they founded Schooles , and Courts of Iustice ; and the Plantation was extended a hundred and forty miles up , on the River of both sides . But now when the English were secure , and thought of nothing but peace , the Savages came suddenly upon them , and slew them , three hundr●d and seven and forty men , women and children . For r●pairing of which losse , the City of London sent presently over a supply of a hundred men . This massacre happened , by reason they had built their Plantations remote from one another , in above thirty severall places , which made them now , upon consultation , to reduce them all to five or six places , whereby they may better assist each other : since which time , they have alwayes lived in good security . And thu● much for Virginia . Next was the Plantation of the Island called Barmudas , so called of a Spanish ship , called Bermudas , which was there cast away , carrying Hogs to the West Indies , that swam a shoare , and there increased . The first Englishman that entred this Isle , was one Henry May in the yeare 1591 : but in the yeare 1610 , Sir George S●mers was sent thither , who dying there , in memory of his Name , the Isles have ever since been called Somers Isles . In the yeare 1612. One Mr. Moore landed there with 60 persons , and then builded the chiefe Town there called S. Georges , together with 8 to 9 Forts . The same yeare a supply of 30 more persons was sent thither , and the yeare after 60 more , under one Mr. Bartlet ; with a shew to survey the land ; but with a purpose indeed to get from thence a great lump of Amber-greece , and no lesse than 80 po●●d weight , that had been found & taken up in the Island some yeares before , and was there still reteined . A while after this , came a Ship called the Blessing , with a hundred passengers ; and two dayes after came the Star , with a 180 more ; and within 14 dayes after that again came thither the Margaret and two Frigates , with 130 passengers : So as now they began to divide the Coun●●y into Tribes , and the Tribes into shares . In the yeare 1616 , Captain Da●●el Tuckard was sent from Virginia to be Governour there , and now it began indeed to be a Plantation ; for now they began to build them houses : and now was sent from thence into England , a Ship fraighted with 30000 weight of Tobacco , valued there but at 2 s. 6 d. the pound , though sold here oftentimes for V●rinos at great rates . In the yeare 1619● Captain Nathaniel Butler was sent Governour , with new supplies ; in whose time they build them a Church ; held Assizes for Criminall Causes , twice a yeare ; and began to have Parliaments as in England : and now in the Ship called the Magazin , came diverse Gentlemen of good fashion , with their wives and families : so as now their number , was no fewer then fifteen hundred people : Dispersed twenty miles in length . In the yeare 1622 , came Governou● M. Iohn Bernard , bringing with him a supply of a 140 persons ; but he and his wife dying presently upon their comming : M. Iohn Harrison in the yeare 1623 was chosen Governour . These Isles of Bermudas are in 32 degrees of Northern latitude : So as they are distant from Virginia , at least 500 leagues , and from Egland above three thousand three hundred . This Country is of a most healthfull Ayre , abounding with all sorts of Fowles , Birds and Fish ; and where great pieces of Amber-gr●ce are oftentimes found , which is valued there at no lesse than three pounds an ounce . And thus much concerning the state of Bermudas , till the yeare 1624. Next comes the Plantation of New England , concerning which , we must first know , that King Iames in the yeare 1606 , granted two Letters Patents for Plantations in Virginia , one to the City of London ; another to the City of Bristow , Exceter and Plimmouth ; with power to plant Colonies any where between the Degrees of 38 and 44 , provided there should be at least a 100 miles distance between the two Colonies . So as the first Colony was from the City of London , and is that which is called Virginia . The Second Colony was from Bristow and the other Towns , and is that which is now called New England , and is scituate between the Degrees of 41 and 45 : the very meane betwixt the North Pole and the Line . And now to speak a little of the Country , there are on the Sea Coast , 25 excellent good Harbours , in some whereof there is Anchorage for 500 sayle of Ships of any burthen . The Earth as fruitful and the Ayre as healthfull , as any part of the World : abounding with all sorts of Grain , Fowles and Fish : Many of such kinds as a●e to us unknown , yet excellent meat : Many Voyages had been made for the perfect discovery of the Countrey : Many Attempts for setling a Plantation there : Many Miscariages and Disasters in making the attempts : but all at last came to this , that in the yeare 1624 ( which is the limit of ou● Narration ) there was a Plantation setled ; though but a small one : but a few yeares after ( by the sending forth of new supplyes ) encreased to so many thousands , that if God continue to prosper it , as he hath begun : the New England in a few ages may prove as populous as the Old ; and the King of England likely to have as many and greater Crowns in the Indies , than he had in His Realmes of Great Brittaine and Ireland . But seeing of these and all other English Plantations in the Indies , whereof there are many large discourses written by divers Authors ; It should be more than supperfluous to speake more of them in this place : It is sufficient to have shewed , that King Iames had the honour , to have them setled in His time , and under the Influence of His peaceable Government . Of the Earles and Barons made by King JAMES . IN former Kings Raignes , the making of Earles and Barons was but rare , and therefore they are fitly set down , at the severall times of their making ; but in King Iames His Raigne , there were so many made , that it may not be unfit , to set them down in a Cathalogue together . In His first yeare were made foure Earles and nine Barons : namely , Henry Howard , yonger brother of the last Duke of Norfolk , was made Earle of Northampton : Thomas Sackvile Lord Buckhurst , was made Earle of Dorset ; and shortly after Charles Blount Lord Montjoy , was made Earle of Devonshire , and Thomas Howard Baron of Walden , was made Earle of Suffolk : Henry Grey was made Lord Grey of Groby , ( afterward by King Charles made E. of Stamford ) Henry Danvers was made Baron of Dansley , ( afterwards by K. Charles made Earle of Danby ) Sir Iohn Peter of Essex , was made B. of Writtle : Sir W. Russell was made Baron of Thornaugh : Sir Thomas Gerard was made Baron of Gerards Bromly in Stafford-shire : Sir Robert Spencer was made B. of Wormelayton in the County of Warwick : Sir Thomas Egerton was made B. of Elesmore : and Sir Robert Cecill was created B. of Henden in Rutlandshire : and Sir Iohn Harington was made Baron of Ex●on . In His second yeare on the 20 of May were made foure Barons and one Viscount : Sir Robert Sidney was made Baron of Penshurst : Sir William Knowles , Baron of Grayes : Sir Edw. Wotton , Baron of Marley : and Mildmay Fanc , Lord de Spencer ; and in August the same yeare , Sir Robert Cecill Baron of Essenden , was created Viscount Cranbourne . In His third yeare of the 4 of May , were created three Earles , and one Viscount , and foure Barons ; namely , Sir Robert Cecill Viscount Cranbourne , was created E. of Salisbury● Sir Thomas Cecill his elder brother L. Burghley , was created E. of Exeter ; and Sir Philip Herbert , younger brother to the E. of Pembrok , was created E. of Montgomery : Robert Sidney Baron of Penshurst , was created Viscount of Lisle : Sir Iohn Stanhope , was made Baron of Harington : Sir George Carew , Baron of Clopton : Mr , Thomas Arundell of Devonshire● Baron of Warder and Master William Cavendysh , Baron of Hardrick● In his fourth yeare , on the fourth of Iuly , Sir Thomas Kneve●t , was called by writ to the Parliament , by the name of B●ron of Estrick● and was thereby Baron of that Title : and on the seventh of September , Sir Iervys Clifton was likewise called by writ to the Parliament , by the name of Baron of Layton Bromsensold , and was thereby Baron of that Title . In his ninth yeare , upon Easter-munday , Sir Robert Carre was created Viscount Rochester : and In his tenth yeare , an the fourth of November , was created Earle of Somersett . In his eleventh yeare , Lewis Steward Duke of Lenox , was made Earle of Richmond , and after , Duke of Richmond . In his thirteenth yeare , on the 29. of Iu●e , Sir Iames H●y of Scotland was created Baron of Sawley , and about three yeares after , was made Viscount Doncaster , and Sir ●obert Dor●er was created Ba●on of Wyng , ( afterward by K. Charles , made Earle of Car●arvan . ) In his fourteenth yeare , on the 9. of Iuly , Sir Iohn Hollis was created Baron of Haughton , and Sir Iohn Roper of Ken●● was made Baron of Tenham : and on the 17. of August , Sir George Villiers was created Baron of Whadden and Viscount Villiers , and on the 7. of November , Thomas Egerton L. Elsemore , was created Viscount Brackley ( and he dying soon after , his sonne Iohn was created Earle of Bridgewater , William L. Knowles was created Viscount Wallingford ; and Sir Philip Stanhope was created Baron of Shelford : On the 5 of Ianuary , the Viscount Villiers was created Earle of Buckingham , and on the third of March , Sir Edward Noell of Rutland-shire ; was made Baron of Rydlington . In his fifteenth yeare , on New-yeares day , Sir George Villiers Earle of Buckingham was created Marquis of Buckingham , and on the 12 of Iuly , Sir Francis Bacon Lord Chancellour , of England , was created Baron of Verulam , and not long after , Viscount Saint Albans . Also in the Summer of this year , the King created foure Earles and one Countesse : namely , the Viscount Lisle was made Earle of Leycester , the Lord Compton was made Earle of Northampton , the Lord Rich was made Earle of Warwick , the Lord Cavendish was made Earle of Devonshire , and the lady Compton wife to Sir Thomas Compton , and mother of the Marquis of Buckingham was created Countesse of Buckingham . In his sixteenth yeare , on the 25 of November , Sir Iohn Digby Vice chamberlaine to the King was created Baron of Shirbourne , by Patent to him and his heires Males . In his seventeenth yeare , in the moneth of Iune Esme steward Lord d' Aubigny ; younger brother Duke of Lenox , was created Earle of March ; Iames Marquis Hammilton was created Earle of Cambridge , and Sir Iohn Villiers brother to the Marquis of Buckingham was Baron of St●k and Viscount Purbeck . In his eighteenth yeare , William C●vendish was created Viscount Mansfield ; ( afterward by King Ch●rl●s m●de Earle of Ne●castle ) and on Munday the fourth of Dec●mber ; Sir Henry M●●tague , being first made Lord Treasurer , was created Baron of Kimbolton , and Viscount M●●devile , and not long after , Earle of Manchester , and Sir Iohn Ramsey Viscount Haddington of Scotland , was created Earle of Holdernesse , and William Fielding was created Baron of Newhen●●● and Viscount Fielding . In his ninteenth yeare , Henry Cary was made Lord Cary of L●ppington , ( afterward by King Charles made Earle of Manmouth , Sir Edward Mountague elder Brother to the Viscount M●●devile was made Baron of Boulton , the Lord Darci● of Essex , was created Viscount Colchester , ( afterward by King Charles made Earle R●vers ) the Lord Hu●sdo● was created Viscount Rochford , ( afterward by King Charles , made Earle of D●ver ) Sir Lyonell Cranfield , Master of the Wardes , was created Baron of Cranfield in Bedford-shire , and Sir Howard● second sonne to Thomas Earle of Suffolke● was created Baron Chorleton , and Viscount Andover , ( afterward by King Charles made Earle of Barke-shire . In his twentyth yeare , in the moneth of September , the Viscount Doncaster , was created Earle of Carlile , the Viscount Fielding was created Earle of Denhigh , the Lord Digby was made Earle of Bristow , the Lord Cranfield , was created Earle of Middlesex , and Sir Henry Rich was made Baron of Kensington . In his one and twentyth yeare , the Marquis of Buckingham , being then in Spaine with Prince Charles , had his Patent sent him to be Duke of Buckingham , William Grey was created Baron of Warke , Elizabeth the widdow of Sir Moyle Fynch of Kent , was created Viscountesse Maidestone , ( afterward by K. Charles made Countesse of Winchelsly . ●his two and twentieth year , the Earle of Clanricard of Ireland , was created Viscount Tunbridge in Kent ( afterward by King Charles made Earle of Saint Albans ) Sir Iohn Hollis Baron of Haughton was created Earle of Clare , Sir 〈…〉 Ri●h Baron of Kensington was created Earle of Holland , the Lord 〈…〉 Baron of Say and Seale , was made Viscount Say and Seale : Sir 〈…〉 ●ane was created Earle of Westmerland , Oliver Lord St. Iohn of Blet●●● 〈◊〉 made Earle of Bullinbrook , Sir Christopher Villers brother to the Duke of B●ckingham , was made Earle of Anglesey , and Sir Iames Ley was made 〈…〉 ( afterward by King Charles made Earle of Marlborough . ) Also this year●● Sir Francis Leak was made Baron of Deincourt , and Sir Richard Roberts was made Lord Roberts of Truro in Cornwall . And this was the number of all the Earles and Barons made by King Iames● but in his time also began another sort of Nobility to bee made in England , which had none of the Priviledges of English Barons , but had onely Title to bee called Lords , of some place either in Scotland or Ireland , although they possessed not a foot of Land in either : Of which ●o●t , the number being great , I forbeare to rehearse them , lest I should be tedious , or otherwise bee thought to encroach too much upon the Heralds office . It is sufficient to have shewed , that King Iames advanced so many in honour , that in a kind it might be said of him , as was said of Augustus Caesar , That he left Rome of Marble , which hee found built of Brick . The beginning of THE RAIGNE OF KING Charles . KING Iames being deceased on the 27 day of March in the forenoon , the same day in the afternoone , Charles Prince of Wales His only son , then living , was Proclaimed King of Great-Brittain , France and Ireland , with the Generall acclamation of all sorts of People , as being a Prince of admirable endowments both of mind and body . He was now about the age of 25 yeares , whereof , the most part of one he had spent in Spaine ; where , although he was frustrated of the end for which he went , yet it gave him a tincture of Travaile and Expe●ience , more worth perhaps , then the end he went for : For by this meanes he attain●● to a greater degree of that , which made Ulysses so famous : Quod mores hominum multorum vidit & urbes . The first thing he did after his Coronation , was to proceed in the marriage agreed upon in His Fathers time , with the beautiful & vertuous Lady Henrieta Maria , yonger daughter of the Great Henry the 4● K. of France ; after which marriage , we have only to say , that he was happy in the Wife of His bosome : Happy in His hopefull Issue : Happy in the love of His people : Happy in the Peace and tranquility of his Kingdomes● and Happy in the continu●nce of all these Happinesses , for 15 years together , and might have so continued still , if it had not been for , Discordia Demens Viperiu●s crinem vitti● innexa cruentis . But of that which happened afterward , I dare not take upon me to be a Register : Neither is it indeed safe to begin a Narration , which I must be faine to breake off in amaz●ment , as having nothing left me to say , but Omnia in malu●●●ere ; and so far from any apparance of humane remedy ; that our only Anchor must be this : supersunt● Yet our hope is , It will be but a fit , and the storme once past , faire weather again , and fairer perhaps than it was before , and then with Ioy we shall resume our stile . Laetumque choro Poeana canemus : In the meane time comforting our selves with the words of the Prophet David ; Many are the troubles of the Righteous , but the Lord delivers him out of them all . Carolus en Rex magnus in armis , major in ermis . Quid mirum ? Imperio magnus , amore magis . FINIS .